Preproposal statement of inquiry was filed as WSR 00-15-047 with a published date of August 2, 2000.
Title of Rule: WAC 230-46-010 Purpose, 230-46-020 Definitions, 230-46-025 Telephone charges -- Valuable consideration, and 230-46-070 Punchboards/pull-tabs and pull-tab dispensing devices not to be used in promotional contests -- Exception.
Purpose: During the 2000 session, legislation (SSB 6373) passed regarding how promotional contests of chance may be conducted. Under the old law, RCW 9.46.0355, specific methods were listed as to what a participant may be required to do to enter a promotional contest of chance. The new law simplifies contest procedures by replacing specific entry requirements with basic guidelines. These amendments update the rules relating to contest of chance so that they are consistent with the law.
Statutory Authority for Adoption: RCW 9.46.070.
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Sherri Winslow, Lacey, (360) 438-7654 ext. 301.
Name of Proponent: Staff, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore, a small business economic impact statement is not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.
Hearing Location: West Coast Silverdale Hotel, 3073 N.W. Bucklin Hill Road, Silverdale, WA 98383, on October 13, 2000, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Shirley Corbett by October 3, 2000, TDD (360) 438-7638, or (360) 438-7654 ext. 302.
Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, Washington 98504-2400, fax (360) 438-8652, by October 3, 2000.
Date of Intended Adoption: October 13, 2000.
September 1, 2000
AMENDATORY SECTION(Amending WSR 95-12-051, filed 6/2/95, effective 7/3/95)
The Washington state gambling
commission deems it to be in the public interest to interpret RCW
9.46.0355 so as)) 9.46.0356 to insure uniformity and fairness
to all sponsors of (( said)) promotional contests of chance. (( It
is further)) The purpose of these regulations is to notify all
sponsors and their affiliates as to what types of promotional
contests of chance are legal and not legal in the state of
[Statutory Authority: RCW 9.46.070. 95-12-051, § 230-46-010, filed 6/2/95, effective 7/3/95. Statutory Authority: RCW 9.46.030(10) and 9.46.070 (14) and (20). 86-08-007 (Order 156), § 230-46-010, filed 3/20/86. Statutory Authority: RCW 9.46.070 (3), (8) and (11). 85-09-040 (Order 149), § 230-46-010, filed 4/15/85.]
The following section of the Washington Administrative Code is repealed:
AMENDATORY SECTION(Amending WSR 90-13-022, filed 6/11/90, effective 7/31/90)
Telephone charges -- Valuable consideration.
Any participant required to place a telephone call as a means of
entry for a promotional contest of chance, shall not be required
to pay any additional charges over and above the actual cost for
placing such a call as established by a registered telephone
company. Any charges over and above the actual cost of placing
the telephone call, such as those associated with a 1-900 number
whereby an additional service fee or other charges may be levied,
shall be deemed a valuable consideration and beyond the allowable
methods of entry authorized by RCW ((
[Statutory Authority: RCW 9.46.0355 and [9.46.]070(14). 90-13-022, § 230-46-025, filed 6/11/90, effective 7/31/90.]
AMENDATORY SECTION(Amending WSR 92-22-058, filed 10/29/92 effective 11/29/92)
Punch boards/pull-tabs and pull-tab dispensing devices not to be used in promotional contests -- Exception.
(1) Punch boards/pull-tabs and pull-tab
dispensing devices may not be used as a part of any promotional
contest of chance as authorized in RCW ((
9.46.0355)) 9.46.0356. This prohibition shall not apply to promotional game cards which
could otherwise qualify as pull-tabs when such game cards meet
the following standards. The promotional game cards:
The promotional game cards)) Are readily
distinguishable from any specific pull-tab series or pull-tab
type used within the state of Washington;
The promotional game cards)) Are designed and
manufactured for a specific and unique promotional contest of
The promotional game cards)) Clearly display the name
of the sponsoring business or the name of the product(s) being
The promotional game cards)) Do not or have never
contained a price per play on the card; and
(e) Each have the official rules of play including the
language "no purchase necessary" ((
are)) printed on the back (( of
each promotional game card)).
(2) Promotional game cards, punch boards/pull-tabs or dispensing devices found to be in violation of this prohibition shall be subject to immediate seizure pursuant to RCW 9.46.230.
[Statutory Authority: RCW 9.46.070. 92-22-058, § 230-46-070, filed 10/29/92 effective 11/29/92. Statutory Authority: RCW 9.46.070 (11) and (14). 88-17-050 (Order 182), § 230-46-070, filed 8/16/88.]