PERMANENT RULES
Date of Adoption: November 15, 2002.
Purpose: To correct an inadvertent clerical error. Four identification stamps are required to be renewed annually. When WAC 230-08-017(5) was reformatted into a chart form, the word "annually" was inadvertently omitted from the four stamps. The four stamps which require renewal annually are: Electronic pull-tab dispensing device, amusement games, electronic bingo daubers and electronic card facsimile tables. Removing the "annual" fee was not discussed by the commission during public hearings and it was not the intention of the commission that the word "annually" be removed from this rule, it was an inadvertent omission due to a clerical error. Therefore, this filing will insert the word "annually" back into the chart under fees for these devices, under subsection (5)(b)(ii), (d), (e) and (f).
Citation of Existing Rules Affected by this Order: Amending WAC 230-08-017.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 02-17-032 on August 13, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 1,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
June 30, 2003.
December 24, 2002
Susan Arland
Rules Coordinator
OTS-5871.3
AMENDATORY SECTION(Amending WSR 01-23-056, filed 11/20/01,
effective 1/1/02)
WAC 230-08-017
Control of gambling equipment -- Use of
identification and inspection services stamps.
To ensure
gambling equipment is used only as authorized, manufacturers,
distributors, linked bingo prize providers, and operators
shall maintain close control over all gambling equipment in
their possession.
Documenting equipment transfers.
(1) Each licensee that transfers leases or provides
gambling equipment shall document the transaction by
completing an invoice or other written record setting forth
the information required by WAC 230-08-040.
ID stamps to be affixed to equipment.
(2) Identification and inspection services stamps
obtained from the commission shall be used to identify
gambling equipment and shall be permanently and conspicuously
affixed to all equipment and devices designated by the
commission. Once attached, identification and inspection
services stamps shall not be removed, disfigured, or otherwise
tampered with by any person. These stamps shall be attached
and controlled in the following manner:
Equipment/devices requiring ID stamps.
(3) Identification and inspection services stamps shall
be attached to the following gambling equipment and devices:
(a) Punch boards and pull-tab series;
(b) Pull-tab dispensing devices;
(c) Disposable bingo cards;
(d) Coin or token-activated amusement games operated at any Class A amusement game license location;
(e) Electronic bingo card daubers;
(f) Electronic card facsimile table; and
(g) Other gambling equipment or devices, as determined by the director.
Purchasing and affixing ID stamps.
(4) Identification and inspection services stamps shall
only be sold to and attached by licensed manufacturers or
commission staff: Provided, That a licensed owner of
controlled gambling equipment may purchase and attach stamps
as outlined in subsections (10) and (11) of this section;
Fees for ID stamps.
(5) The fee charged for identification and inspection
services stamps shall be set by the commission at a level
sufficient to fund regulation and control of gambling
equipment. Fees shall be as set out below:
(((a) Punch boards and pull-tabs:
(i) Standard - wagers fifty cents and below - twenty-seven cents;
(ii) Standard - wagers over fifty cents - one dollar and two cents;
(iii) Progressive jackpot pull-tab series - ten dollars and twenty-seven cents per series;
(iv) Pull-tab series with carry-over jackpots - one dollar and two cents;
(b) Pull-tab dispensing devices:
(i) Mechanical and electro-mechanical - twenty-seven cents:
(ii) Electronic - pull-tab dispensing devices that require initial and ongoing evaluation of electronic components or functions, such as reading encoded data on pull-tabs, accounting for income or prizes, and other functions determined by the director - one hundred two dollars and seventy-nine cents annually.
(c) Disposable bingo cards:
(i) Sets of individual cards or sheets of cards - twenty-seven cents;
(ii) Collations of cards - one dollar and thirteen cents;
(iii) Cards used to play for linked bingo prizes - forty-one cents per two hundred fifty cards.
(d) Coin or token-activated amusement games operated at any Class A amusement game license location - twenty-five dollars and sixty-nine cents annually;
(e) Electronic bingo card daubers - ten dollars and twenty-seven cents annually;
(f) Electronic card facsimile table - three hundred fifty dollars annually for each table;
(g) Other equipment or devices - the actual cost of inspection or approval, as determined by the director.))
| Equipment Type | Definition | Fee | |
| (a) Punch boards and pull-tabs | |||
| (i) Standard | Wagers fifty cents and below | $.27 | |
| (ii) Standard | Wagers over fifty cents | $1.05 | |
| (iii) Progressive jackpot pull-tab series | Per series | $10.60 | |
| (iv) Pull-tab series with carry-over jackpots | Per series | $1.05 | |
| (b) Pull-tab dispensing devices | |||
| (i) Mechanical and electro-mechanical | $.27 | ||
| (ii) Electronic | Dispensing devices that require initial and ongoing evaluation of electronic components or functions, such as reading encoded data on pull-tabs, accounting for income or prizes, and other functions determined by the director | $106.17 annually | |
| (c) Disposable bingo cards | |||
| (i) Sets of individual cards or sheets of cards | $.27 | ||
| (ii) Collations of cards | $1.16 | ||
| (iii) Cards used to play for linked bingo prizes | Fee is per 250 cards Fee is per 5000 cards |
$.42 $8.49 |
|
| (d) Coin or token-activated amusement games | |||
| Operated at any Class A amusement game license location | $26.53 annually | ||
| (e) Electronic bingo card daubers | $10.60 annually | ||
| (f) Electronic card facsimile table | $361.51 annually | ||
| (g) Other equipment or devices | The actual cost of inspection or approval, as determined by the director | ||
ID stamps valid for one year - exception.
(6) Devices that require identification and inspection
services stamps to be installed annually shall have such
stamps attached prior to placing any device into play and, on
or before December 31 of the year preceding operation for each
subsequent year.
Affixing stamps - shipping and packaging.
(7) Identification stamps shall only be affixed to
gambling equipment or devices in such a manner as to assure
reasonable inspection without obstruction. If equipment is
enclosed or packaged within protective materials, the stamps
shall be readily visible for inspection without removal of any
portion of the protective packaging: Provided, That when more
than one device is packed in a shipping carton, this
requirement shall not apply if the identification and
inspection services stamp numbers of all devices contained in
the carton are printed or otherwise noted on the outside of
the carton.
Location of ID stamps on equipment/devices.
(8) Stamps and records entry labels shall be affixed in
the following manner:
(a) Punch boards - on the reverse side in an area that will not obstruct removal of punches: Provided, That if sufficient space is not available on the reverse side, the records entry labels may be wrapped around and/or partially attached to the edge of a punch board in a manner that will not obstruct display of prizes available or other information required by rules of the commission;
(b) Pull-tabs - on the face or reverse side of the flare. If placed on the face, then they must be in an area that will not obstruct prizes available or any other information required by rules of the commission;
(c) Pull-tab dispensing devices - on the outside of the main body, in an area that is not normally removed and replaced, and in a manner that will not obstruct the view of the pull-tabs available for play. The records entry labels shall not be affixed to dispensing devices and may be discarded;
(d) Disposable bingo cards - on the packing label attached to the outside of the shipping carton. Records entry labels shall be attached to the packing slip: Provided, That when a set or collation of cards is packed in more than one shipping carton, the stamp shall be attached to carton number one and the stamp number imprinted on all remaining shipping cartons; and
(e) Electronic facsimile card table - on the outside of the main body, in an area that is not normally removed and replaced, and in a manner that will not obstruct the view of the card facsimiles. The records entry labels shall not be affixed to table and may be discarded.
ID stamps shall only be affixed to approved devices.
(9) Identification and inspection services stamps shall
not be attached to gambling equipment or devices that do not
comply with rules of the commission. If a piece of equipment
or a device requires specific commission approval, stamps
shall not be affixed prior to such approval.
Licensed owners may purchase ID stamps.
(10) A licensed owner of gambling devices which require
annual identifications and inspection services stamps may
purchase such from the commission. The licensee shall submit
the appropriate fee, along with a form provided by the
commission, to obtain the stamps.
Replacing worn ID stamps on pull-tab dispensing devices.
(11) A licensed owner of pull-tab dispensing devices may
obtain a commission identification and inspection services
stamp to replace an identification stamp affixed to a pull-tab
dispensing device that has become unidentifiable due to wear. The fee for replacement of the stamp shall be as required by
WAC 230-04-202 and/or 230-04-203. The operator or distributor
shall furnish the following information to the commission:
(a) A copy of the invoice from the operator, distributor or manufacturer for the purchase of the dispensing device in question; or
(b) A complete description of the pull-tab dispensing device, serial number, manufacturer, and the commission stamp number previously affixed to the device, if known.
Recordkeeping and replacing damaged stamps.
(12) Manufacturers shall maintain records that will allow
accountability for all identification and inspection services
stamps issued to them by the commission for at least three
years after they are affixed to devices and sold. This
accountability shall be by indefinite retention of unused or
damaged stamps or by records as set out in WAC 230-08-025:
Provided, That damaged stamps may be returned to the
commission and will be replaced with serviceable stamps if
they are accompanied by a detailed listing of the damaged
stamps and a ten cent per stamp service charge.
[Statutory Authority: RCW 9.46.070. 01-23-056, § 230-08-017, filed 11/20/01, effective 1/1/02; 98-24-090 (Order 369), § 230-08-017, filed 12/1/98, effective 1/1/99; 98-15-074 (Order 359), § 230-08-017, filed 7/15/98, effective 1/1/99. Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, § 230-08-017, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), § 230-08-017, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 94-23-007, § 230-08-017, filed 11/3/94, effective 1/1/95; 94-01-033, § 230-08-017, filed 12/6/93, effective 1/6/94. Statutory Authority: Chapter 9.46 RCW. 91-21-053 (Order 228), § 230-08-017, filed 10/15/91, effective 11/15/91. Statutory Authority: RCW 9.46.070 (4), (11) and (14). 89-24-002 (Order 201), § 230-08-017, filed 11/27/89, effective 12/28/89. Statutory Authority: RCW 9.46.070 (8), (11) and (14). 88-13-060 (Order 179), § 230-08-017, filed 6/14/88.]