WSR 97-22-017


[Filed October 28, 1997, 2:25 p.m.]

October 27, 1997


Mr. Dennis Zaborac

Totem Tab Service

1305 C South Central Avenue

Kent, Washington 98032

Re: Appeal of the August 15, 1997 denial by the Washington State Gambling Commission ("Commission") of that certain Petition for Adoption, Amendment, or Repeal of a State Administrative Rule, dated May 22, 1997, filed by Dennis Zaborac of Totem Tab Services, seeking amendment of WAC 230-30-106 (the "Petition")

Dear Mr. Zaborac:

Pursuant to RCW 34.05.330(3), I have reviewed your appeal of the Commission's denial of your Petition and, after careful consideration, hereby affirm the Commission's denial of the Petition. The Commission denied the petition after public hearing and comment. I agree that fair gambling and fair labeling are extremely important, and you raised some very good points in your petition. However, the actions of the Commission in denying the Petition were reasonably based on a careful and thorough review of the issue, and intervention by the Governor is not appropriate in this case.

WAC 230-30-106 sets forth standards for pull tab game flares made by manufacturers, distributors, or operators. On May 22, 1997, you petitioned the Commission for an amendment of this rule to require the prominent display of the initial odds of winning the top prize in one-half inch size lettering on the flare. The Commission held public meetings on July 11, 1997 and August 15, 1997 during which your Petition was heard and the public allowed to comment. At the conclusion of the August 15 discussion, the Commission denied your Petition.

The Commission noted that because the initial odds change after the initial ticket has been sold, such information is not accurate and is of limited use to a player. It also noted that requiring manufacturers to redesign their games to include initial odds in addition to the already required ticket count would be costly. The Commission concluded that current regulations requiring operators to delete prizes paid out, along with more visible labeling of ticket counts allows players to knowledgeably decide which games to play.

I note that the recent amendment requiring more prominent labeling of ticket counts was made in response to your comments, and that you have provided much useful input to the Commission in the past. I thank you for your concern that gambling be conducted in a fair and open way, and encourage you to continue your efforts to work with the Commission in the future.


Gary Locke


Legislature Code Reviser


Washington State Code Reviser's Office