Date of Adoption: December 6, 2000.

Purpose: To correct typographical errors and clarify language without changing its effect.

Citation of Existing Rules Affected by this Order: Amending WAC 230-02-130, 230-04-040, 230-04-022, 230-04-135, 230-04-170, 230-04-220, 230-08-027, 230-08-200, 230-12-300, 230-20-065, 230-20-192, 230-20-240, 230-20-400, 230-30-025, 230-30-103, and 230-50-800.

Statutory Authority for Adoption: RCW 9.46.070 and 34.05.230.

Adopted under notice filed as WSR 00-20-083 on October 3, 2000, with a publication of October 18, 2000.

Changes Other than Editing from Proposed to Adopted Version: WAC 230-04-202 was filed with the CR-102XA; however, it will not be adopted with this rules package. It will be going forward at a later date with a different rules package.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 16, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 16, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 16, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 6, 2000

Susan Arland

Rules Coordinator

OTS-4274.1

AMENDATORY SECTION(Amending Order 161, filed 9/15/86, effective 1/1/87)

WAC 230-02-130   Net gambling income defined.   "Net gambling income" means net gambling receipts, less all other expenses related to the operation of a licensed activity (([actually] [and])) paid out during the same period of time: Provided, That expenses must be reported on the ((accural [accrual])) accrual basis if the records are normally maintained on that basis.

[Statutory Authority: Chapter 9.46 RCW. 86-19-056 (Order 161), 230-02-130, filed 9/15/86, effective 1/1/87; Order 5, 230-02-130, filed 12/19/73.]

OTS-4279.2

AMENDATORY SECTION(Amending WSR 96-07-075, filed 3/19/96, effective 7/1/96)

WAC 230-04-040   Certification procedure -- Charitable and nonprofit organizations -- Additional information required.   Any organization not currently licensed to conduct gambling activities and requesting to be certified to conduct gambling activities in Group III, IV, or V, or planning to pay premises rent exceeding two thousand dollars per month, including all terms, shall submit a pro forma plan of operations, including a market study. The plan shall be detailed enough to allow commission staff the ability to assess the profitability of the planned gambling activity and potential for compliance with WAC ((230-20-064)) 230-20-059 and 230-30-052(((2))). The plan shall include at least the following information, if applicable:

(1) Research procedures and planning assumptions used;

(2) Planned number of customers or attendance;

(3) Days and hours of operations;

(4) If planned activities include bingo, the following must be provided:

(a) Anticipated market area and map of competing organizations that operate similar gambling activities, along with their days of operation;

(b) Number of bingo sessions;

(c) Bingo card prices and estimated sales per player;

(d) Bingo prize payouts and game schedules;

(5) Estimated gross gambling receipts from each activity;

(6) Estimated expenses and net income;

(7) Details of income generating activities planned in conjunction with the gambling activity, such as snack bar operations or other retail sales and the anticipated net income from such activities; and

(8) Other information requested by commission staff.

[Statutory Authority: RCW 9.46.070 (1), (8-11), (14), (16) and (20). 96-07-075, 230-04-040, filed 3/19/96, effective 7/1/96. Statutory Authority: RCW 9.46.070. 93-13-062 (Order 240), 230-04-040, filed 6/17/93, effective 7/18/93. Statutory Authority: RCW 9.46.070 (7), (8), (9), (10), (14), (19) and (20). 89-09-047 (Order 190), 230-04-040, filed 4/18/89, effective 7/1/89.]

OTS-4280.3

AMENDATORY SECTION(Amending Order 383, filed 4/14/00, effective 5/15/00)

WAC 230-04-022   Certification procedure -- Information required from all applicants.   In addition to other information required by the commission, each applicant shall provide the following information on or attached to the application:

Articles of incorporation and bylaws.

(1) Copy of corporate applicants' articles of incorporation and bylaws; or, if not a corporation, a copy of any bylaws and other documents which set out the organizational structure and purposes of the organization;

IRS tax exemption letter.

(2) A copy of a nonprofit or charitable applicant's Internal Revenue Service tax exemption letter if one has been obtained;

Lease or rental agreements.

(3) Details and copies of all lease or rental arrangements, whether oral or written, between the applicant and the owner of premises upon which the gambling activity will be conducted, if such premises are leased or rented;

Franchise agreements.

(4) Details and copies of any and all franchise agreements or other agreements, whether written or oral, if any, between the applicant and distributors or manufacturers of equipment or between the applicant and any other person where those agreements relate to gambling activities or gambling equipment;

Management agreements.

(5) Details and copies of all proposed management agreements or contracts between the applicant and any gambling service supplier involved in providing services defined in WAC 230-02-205. All such agreements or contracts shall be reviewed by commission staff prior to the effective dates of the agreements to assure compliance with this title. No financing or management services shall be provided prior to commission approval of the contracts;

Paid employees or agents.

(6) The name, address, date of birth, and Social Security number of each paid employee or agent who will work in the activity for which the license is sought and a schedule of the proposed number of employees, job descriptions, and a proposed pay schedule;

Substantial interest holders.

(7) ((For each person listed below, a completed copy of the commission's form entitled "Personal information form":

(a) Each person who has a substantial interest in the applicant;

(b) Each person who is the chief executive officer, the chairman of a board, and the financial records officer of a corporation and/or bona fide nonprofit charitable organization;

(c) Each person who will serve in a supervisory capacity over those persons in the direct management or direct operation of the activity for which the license is sought)) Sufficient personal information to ensure each substantial interest holder as defined by WAC 230-02-300 is qualified to hold a license or participate in a licensed or authorized gambling activity;

Report changes to application.

(8) If any information required on the application, changes or becomes inaccurate in any way, the commission shall be notified prior to issuance of a license. Failure to notify the commission of any changes affecting an application may constitute grounds for suspension or revocation of all licenses.

Exceptions for cities and towns.

(9) ((Sections)) Subsections (1), (2), and (7) of this section shall not apply to applications by or on behalf of an incorporated city or town in the state of Washington.

[Statutory Authority: RCW 9.46.070. 00-09-052 (Order 383), 230-04-022, filed 4/14/00, effective 5/15/00. Statutory Authority: RCW 9.46.070 (7), (8), (9), (10), (14), (19) and (20). 89-09-047 (Order 190), 230-04-022, filed 4/18/89, effective 7/1/89.]

OTS-4381.1

AMENDATORY SECTION(Amending Order 244, filed 9/15/93, effective 10/16/93)

WAC 230-04-135   Commercial amusement games -- License required.   Prior to operating, renting, leasing, or otherwise sharing in the proceeds of amusement games operated at any location, commercial amusement game operators shall first obtain a license from the commission. The following requirements apply to commercial amusement game operators:

(1) Class A commercial amusement game licensees may allow a Class B and above licensee to operate amusement games at their business premises.

(2) Class B and above commercial amusement game licensees may locate and operate amusement game at any location authorized by WAC 230-04-138 or rent, lease, or sell amusement devices or amusement game equipment on a time basis to any licensed amusement game operator.

(3) In addition to the requirements for certification as set out in WAC 230-04-020 and all other sections of this title, applicants must provide the following additional information for each operating locations:

(a) All locations:

(i) A list of all locations and time and dates at which the activity will be operated;

(ii) When operated at a location not owned, rented, or leased by the applicant, written permission from the person, organization, county, city or town, or an authorized agent thereof, to locate and operate amusement games at that location;

(iii) ((A personal information form)) Sufficient information to determine the identity and personal qualifications for all "adult supervisors," as required by WAC 230-20-680(2);

(iv) A copy of any rental/lease agreement which allows operation of commercial amusement games at any location not owned or otherwise controlled by a licensee. The document must disclose full details of the rental/lease agreement, including any revenue sharing provisions, all costs to be shared, and any restrictions regarding the number of amusement games to be operated; and

(v) Copies of any contract related to rental, lease, or purchase agreement of amusement game equipment.

(b) Permanent locations. In addition to the information required by (a) of this subsection, all applicants requesting to operate amusement games at locations authorized by WAC 230-04-138 (1)(f), (g), (h), (i), (j), (k), or (l) must provide details necessary to determine qualification of the location for operation of the activity and include the following minimum details:

(i) Amusement parks, as authorized by WAC 230-04-138 (1)(f): The number of mechanical or aquatic rides, theatrical productions, motion pictures, and slide show presentations available for the public;

(ii) Regional shopping center, as authorized by WAC 230-04-138 (1)(g): The size of the shopping center, in gross square feet not including parking areas;

(iii) Taverns and restaurant with cocktail lounges, as authorized by WAC 230-04-138 (1)(h): Washington state liquor control board license number and expiration date, and a statement of whether minors are prohibited from all portions of the premises;

(iv) Movie theaters, bowling alleys, miniature golf course facilities, skating facilities, and amusement centers, as authorized by WAC 230-04-138 (1)(i): A complete description of the business activities conducted; and if an amusement center, the number of amusement devices and income derived from such devices and all other business activities conducted by the licensee during the last twelve months;

(v) Family entertainment restaurants, as authorized by WAC 230-04-138 (1)(j): The number of amusement devices, theatrical productions, mechanical rides, motion pictures, and slide show presentation available for customers on a daily basis; and the amount of gross income generated from the entire business and that portion of gross income generated from food service for on-premises consumption; and

(vi) Grocery stores as authorized by WAC 230-04-138 (1)(k): The type of retail products sold and size of the store premises, in gross square feet not including parking areas.

(c) Limited duration locations. In addition to the information required by (a) of this subsection, all applicants requesting to operate commercial amusement games must receive written permission from the sponsor of any activity authorized by WAC 230-04-138 (1)(a), (d), or (e) and submit an itinerary that includes planned operating dates for all locations at which the applicant plans operations during the year. This itinerary must be updated any time the dates of operation change.

[Statutory Authority: RCW 9.46.070. 93-19-090 (Order 244), 230-04-135, filed 9/15/93, effective 10/16/93. Statutory Authority: Chapter 9.46 RCW. 91-21-053 (Order 228), 230-04-135, filed 10/15/91, effective 11/15/91.]

OTS-4289.1

AMENDATORY SECTION(Amending Order 85, filed 5/25/78)

WAC 230-04-170   Applicants -- Qualifications.   ((Where a married person is an applicant for, or holder of a license, the spouse of such applicant, if the parties are maintaining a marital community, shall be required to have the same qualifications as the applicant.

This rule shall not apply with respect to licenses required for employees of an operator licensed to conduct activities authorized by RCW 9.46.030.)) When a married person maintains a marital community and applies for, or holds, a license to operate gambling activities, their spouse must also meet the qualifications to hold a gambling license. This includes, but is not limited to, owners of commercial gambling establishments and officers of charitable/nonprofit organizations. However, the spouse of an employee that works for a gambling operation is not required to meet the licensing qualifications.

[Statutory Authority: RCW 9.46.070(13). 78-06-066 (Order 85), 230-04-170, filed 5/25/78; Order 5, 230-04-170, filed 12/19/73.]

OTS-4281.1

AMENDATORY SECTION(Amending Order 304, filed 11/21/96, effective 1/1/97)

WAC 230-04-220   Prorating and refunding of fees.   (1) Unless otherwise provided by law, there will be no prorating or refunding of any license fee subsequent to issuance of a license or permit for the following actions:

(a) Discontinuation of business;

(b) Voluntary surrender of a license or permit; and

(c) When a license or permit has been suspended, revoked, or otherwise canceled.

(2) Upon denial, voluntary withdrawal or administrative closure of an application for license, adoption or change of trade name, or change of location(([,][;])), the commission shall retain that portion of the fee tendered therewith as is necessary to offset its costs of processing and investigating the application: Provided, That the commission shall retain the entire fee when an individual license applicant performs any or all portions of the duties for which a permanent license is sought.

[Statutory Authority: RCW 9.46.070 and 9.46.116. 96-24-007 (Order 304), 230-04-220, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 92-22-058, 230-04-220, filed 10/29/92, effective 11/29/92; Order 51, 230-04-220, filed 4/30/76; Order 46, 230-04-220, filed 2/13/76; Order 5, 230-04-220, filed 12/19/73.]

OTS-4277.3

AMENDATORY SECTION(Amending Order 383, filed 4/14/00, effective 5/15/00)

WAC 230-08-027   House-banked card games -- General accounting records to be maintained.   Every licensee authorized to offer house-banked card games shall keep and maintain a complete set of records, which have been approved by commission staff. Such records shall include all details of activities related to the conduct of the licensed activity. The following requirements shall apply:

Revenue and expenses.

(1) Each licensee shall maintain legible, accurate and complete records of all transactions relating to the revenues and costs of the gaming operation. These records shall be maintained in a format to ensure consistency, comparability, and effective disclosure of financial information.

General accounting records.

(2) General accounting records shall be maintained on a double entry system of accounting with transactions recorded on an accrual basis, to include detailed, supporting, subsidiary records, sufficient to meet the requirements below.

Recordkeeping.

(3) The detailed, supporting and subsidiary records shall include, but not necessarily be limited to:

(a) Records of all patrons' checks initially accepted, deposited, and returned as "uncollected," and ultimately written off as "uncollectible";

(b) Statistical game records to reflect drop and win amounts for each table, for each game, and for at least each period for which the drop boxes are removed, which shall be at the minimum, the end of each gaming day;

(c) Records of investments in property, including, but not limited to, equipment used directly in connection with the gaming operation;

(d) Records of amounts payable by the gaming operation;

(e) Records which identify the purchase, receipt, and destruction of all cards and gaming chips used in wagering; and

(f) Records of services provided for the operation of gaming activity.

Copies.

(4) Whenever duplicate or triplicate copies are required of a form, record or document:

(a) The original, duplicate, and triplicate copies shall be color-coded;

(b) If under these standards, forms, records, and documents are required to be inserted in a locked dispenser, the last copy shall remain in a continuous unbroken form in the dispenser; and

(c) If under these standards, forms or serial numbers of forms are required to be accounted for or copies of forms are required to be compared for agreement and exceptions noted, such exceptions shall be reported immediately to the commission for investigation.

Storing documents.

(5) All forms, records, documents and stored data required to be prepared, maintained and controlled shall:

(a) Have the title of the form, record, document, or stored data such as "fill slip," "request for fill," "credit slip," "request for credit," "reconciliation," etc., imprinted or preprinted thereon or therein; and

(b) Be located at the licensed premises for three years: Provided, That the director or the director's designee may waive parts of this section if requested by the licensee.

Employee records.

(6) Licensees shall maintain a records system that ensures all applicable employees have met licensing requirements. The system shall include employee names, license numbers and expiration dates. In addition, photocopies of all current employees' licenses must be maintained on the premises. If an employee license has not yet been issued, the licensee shall maintain a copy of the temporary employment authorization, documentation that the required payment has been made, and whether the employee has adhered to the ((twenty-day)) ten-day waiting period, if applicable. The licensee shall ensure the commission is notified if an employee license has not been received within sixty days of employment.

[Statutory Authority: RCW 9.46.070. 00-09-052 (Order 383), 230-08-027, filed 4/14/00, effective 5/15/00.]

OTS-4288.2

AMENDATORY SECTION(Amending Order 53, filed 5/25/76)

WAC 230-08-200   All records subject to commission audit.   ((Any and all records of any person operating any activity authorized by RCW 9.46.030, or any licensed distributor or manufacturer of gambling devices, paraphernalia or equipment, or any commission permittee, its employees, any of its members that directly participate in the management, operation or promotion of an authorized activity, including but not limited to, those which are required to be kept or which relate in any manner to the conduct of any activity licensed by the commission, or of a rule of the commission, shall be subject to an audit by the commission and any of its authorized representatives, without notice: Provided, That unless otherwise provided elsewhere in these rules, such an audit must be begun between the hours of 8:00 a.m. and 5:00 p.m. on a weekday other than a holiday, or during the hours in which the activity is being actually operated, and performed upon the premises of the licensee where the records are located.

In the event of an audit by the commission, or any of its authorized representatives, the operator, distributor, manufacturer or permittee, shall immediately provide all such records, provide a place where such audit may be performed and render such reasonable assistance to the commission and its representatives in inspecting such records as may be requested.)) (1) Any person involved in a gambling activity is subject to a commission audit. This includes any:

(a) Person, entity or organization licensed by the gambling commission;

(b) Person operating an unlicensed gambling activity authorized by RCW 9.46.0321;

(c) Commission permittee; and

(d) Employee or member that directly participates in the management, operation or promotion of an authorized gambling activity.

(2) Any and all gambling records are subject to an audit by the commission and any of its authorized representatives without notice. This includes, but is not limited to, records which are required to be kept or relate in any manner to the conduct of a gambling activity.

(3) Unless otherwise provided for elsewhere in these rules, a commission audit must begin at the premises of the licensee where the records are located. The audit must begin:

(a) Between the hours of 8:00 a.m. and 5:00 p.m. on a weekday, other than a holiday; or

(b) During the hours in which the gambling activity is actually being operated.

(4) In the event of an audit by the commission or any of its authorized representatives, the person or business under audit shall immediately provide:

(a) All requested records;

(b) A safe place with adequate space where such audit may be performed; and

(c) Reasonable assistance to the commission and its representatives in inspecting such records as may be requested.

[Order 53, 230-08-200, filed 5/25/76; Order 15, 230-08-200, filed 4/17/74; Order 5, 230-08-200, filed 12/19/73, 1:25 p.m.]

OTS-4273.1

AMENDATORY SECTION(Amending WSR 97-24-031, filed 11/25/97, effective 1/1/98)

WAC 230-12-300   Resident agent to be appointed by ((foreign manufacturers, distributors, gambling services suppliers, and commercial amusement game operators)) out-of-state licensees.   (1) All ((manufacturers, distributors, gambling services suppliers, or class B or above commercial amusement game operators engaged in the following activities within this state, or for use in this state,)) licensees that do not own or otherwise maintain a business office or licensed premises within ((this)) Washington state shall appoint a resident agent for the purpose of receipt and acceptance of service of process and other communications on their behalf from the commission((:

(a) Manufacturing, selling or distributing gambling supplies or equipment; and

(b) Selling or providing gambling related services; and

(c) Renting or leasing of commercial amusement games and equipment)).

(2) The resident agent shall be a natural person who is a resident and living in the state of Washington and who is eighteen years of age or older.

(3) The name and business address where service of process and delivery of mail can be made, and home address of such designated resident agent shall be filed with the commission ((and with any other state agency required by law)).

[Statutory Authority: RCW 9.46.070. 97-24-031, 230-12-300, filed 11/25/97, effective 1/1/98. Statutory Authority: Chapter 9.46 RCW. 91-21-053 (Order 228), 230-12-300, filed 10/15/91, effective 11/15/91; Order 60, 230-12-300, filed 9/10/76; Order 33, 230-12-300, filed 2/21/75; Order 5, 230-12-300, filed 12/19/73.]

OTS-4293.2

AMENDATORY SECTION(Amending Order 113, filed 10/15/81)

WAC 230-20-065   Licensed bingo manager required on premises.   ((No bona fide charitable or nonprofit organization, except when operating at an authorized agricultural fair, or other special event as authorized by the commission, or under RCW 9.46.030(3), as now enacted or hereafter amended, or under a Class A or Class B or Class C license, shall operate a bingo game unless it is under the supervision of a licensed bingo manager who is on the premises at which the bingo game is licensed for operation during all hours of its operation.)) All licensed bingo games must be operated under the supervision of a licensed bingo manager. The bingo manager must be on the premises at which the bingo game is licensed for operation, during all hours bingo games are conducted; however, a bingo manager is not required for bingo games operated:

(1) At an authorized agricultural fair;

(2) At a special event authorized by the commission;

(3) Under RCW 9.46.0321; or

(4) Under a Class A, B, or C bingo license.

[Statutory Authority: RCW 9.46.070 (11) and (17). 81-21-032 (Order 113), 230-20-065, filed 10/15/81.]

OTS-4285.1

AMENDATORY SECTION(Amending Order 378, filed 12/1/99, effective 1/1/00)

WAC 230-20-192   Standards for disposable bingo cards -- Requirements and definitions.   Disposable bingo cards sold for use in the state of Washington shall be manufactured and controlled using processes and procedures that ensure integrity of the activity and facilitates regulation by the commission.

Requirements for manufacturers of disposable bingo cards.

(1) Manufacturers shall establish quality control procedures necessary to ensure manufacturing processes, including collating of cards into packs or packets, meet the requirements of this section. Quality control procedures shall be documented and provided to commission staff upon request.

Definitions.

(2) For purposes of this title, the following definitions apply:

(a) "Card" or "face" means a unique group and configuration of numbers or symbols imprinted on paper, cardboard, or other materials, and designed to be used to conduct bingo games;

(b) "Card number" means the number assigned by the manufacturer to identify a single card or face. A "card number" may also be referred to as a "face" or "perm" number;

(c) "Collate" means the process of cutting and/or assembling master sheets or precut sheets of cards from one or more sets of cards into packets or books for marketing purposes. "Collate" may also be referred to as "finish" or "finishing";

(d) "Collation" means a group of packets or books of cards assembled from more than one set of cards;

(e) "Consecutively numbered" means a numbering system normally beginning with the number one, increased by one for each individual unit added to the group, and ending with a number identical to the total number of units assigned to that group;

(f) "Cut" means the layout or orientation of cards or sheets of cards subdivided from a master sheet of cards or faces. A "cut" will be either square, horizontal, or vertical;

(g) "Disposable bingo card" means a nonreusable paper bingo card manufactured by a licensed manufacturer;

(h) "Duplicate cards" means two or more cards that are imprinted with the same numbers or symbols, regardless of the configuration or location of such numbers or symbols on the card;

(i) "On" means the number of cards or faces imprinted on a sheet or "cut." The term is normally preceded by the number of cards;

(j) "Pack" or "packet" means a group of cards or sheets of cards collated into a book when each page or sheet in the book is intended for use to play a separate bingo game, including "on-the-way" games, within a session;

(k) "Product line" means a specific type of card, identifiable by features or characteristics that are unique when compared to other types of cards marketed by the manufacturer. A "product line" includes all series and all cards within each series as identified by the manufacturer;

(l) "Serial number" means a number assigned to a set of cards by a manufacturer for identification and tracking purposes when the same number is not used to identify another set of cards from the same product line, color, border pattern, and series in less than 999,999 occurrences or twelve months, whichever occurs first: Provided, That if the product line is used as a determining factor for assignment of a serial number, the difference between various product lines must be readily identifiable by observation;

(m) "Series" of cards means a specific group of cards or faces that have been assigned consecutive card or face numbers by a manufacturer. Series are typically identified by the first and last card number in the group of cards, such as "1 to 9000 series";

(n) "Set" of cards means a specific group of cards from the same product line, which are the same color, border pattern, and imprinted with the same serial number. A "set" of cards may include more than one series of cards or faces;

(o) "Sheet number" means the number assigned by the manufacturer to identify an arrangement of more than one card that results from dividing master sheets of cards to facilitate marketing;

(p) "Skip" means the standard spread or difference between card or sheet numbers at different page levels in packs or packets;

(q) "Subset" means a portion of a set of cards or collation of packets that has been divided by a licensed distributor to facilitate marketing; and

(r) "Up" means the number of pages or sheets collated into each packet or book of cards. The term is normally preceded by the number of pages or sheets.

Duplicate disposable bingo cards.

(3) Each card or face in a particular type or product line must be imprinted with a unique set of numbers or symbols and configuration of numbers or symbols. Duplicate cards within a specific product line are prohibited. Manufacturers of disposable bingo cards are responsible for ensuring that there are no duplicate cards in a set or collation of cards sold to distributors or operators: Provided, That duplicate cards can be collated into packets if they are located at different page levels in the packets and intended only for use during separate games, including "on-the-way" games, within a session. If a manufacturer discovers a duplicate card error or is notified of such by the commission staff or a licensee, it shall immediately comply with the following steps:

(a) Stop marketing the product line containing duplicate cards in Washington;

(b) Recall all sets of cards and/or collations of packets or books containing duplicate cards at the same page level;

(c) Take steps to correct manufacturing or collating processes necessary to ensure duplicate cards are not sold to operators, and inform the commission in writing regarding steps taken;

(d) Reimburse all operators who submit a claim for prizes paid as a result of selling sets or collations containing duplicate cards when such claim has been validated by commission staff; and

(e) Reimburse the commission for all cost incurred investigating duplicate card complaints that result in findings that the error was caused by manufacturers.

Collating disposable bingo cards.

(4) Packets of cards must be collated so that each page of the packet:

(a) Is from a different set of cards;

(b) Has skips that are consistent throughout the entire collation and contains cards that are different when compared to other cards or faces in the pack or packet; and

(c) Has a different color or border pattern.

Audit system to identify each set of disposable bingo cards.

(5) Each set must include an audit system that allows identification of that specific set and each specific card within that set, allows tracking of the transfer of cards from the point of manufacture to operators, and facilitates sale by the operator to the player: Provided, That audit systems that accomplish regulatory requirements using alternative controls may be approved by the commission staff. The audit system shall meet the following requirements:

(a) Each set of cards manufactured as a specific product line, using the same color and border pattern, will be assigned a unique serial number by the manufacturer. The serial number must be imprinted on each card or face;

(b) Each card or face must be identified by a card number imprinted on the face of the card: Provided, That cards used in "player selection" games, authorized by WAC 230-20-241 and "keno bingo" games, authorized by WAC 230-20-247, are exempted from this requirement; and

(c) Each sheet of cards within a set must be consecutively numbered: Provided, That sheets of cards do not have to be numbered if alternative audit controls are available and disclosed to the operator.

Sale of disposable bingo cards.

(6) Each set of cards or collation of packets of cards shall be sold intact as a single unit: Provided, That for ease of marketing to Class E and below operators and to operators of authorized unlicensed activities, distributors may divide sets or collations as authorized below:

(a) Cartons or packages assembled by manufacturers can not be opened prior to sale to an operator, except that distributors may open cartons or packages as authorized below:

(i) At an operator's request to change the "on," "up," and "cut." When such modification is made, the distributor shall be responsible for resealing the carton and noting all changes on the packing label;

(ii) To provide cards to Class A or B bingo games and for unlicensed activities authorized by RCW 9.46.0321 or ((9.46.0355)) 9.46.0356;

(iii) To provide cards to individuals for recreational activities; and

(iv) To provide cards to businesses for use in promotional contests of chance as authorized by RCW ((9.46.0355)) 9.46.0356.

(b) Subsets must contain at least one carton or package: Provided, That cartons or packages may be broken and cards sold in smaller quantities under conditions described in subsection (6)(a)(i) and (ii) of this section; and

(c) Subsets of cards used for "hidden face" bingo games must contain at least one thousand cards or sheets of cards.

"Hidden face" disposable bingo cards.

(7) In addition to the requirements of subsections (1) through (6) of this section, cards sold to operators for use in the operation of "hidden face" bingo games, authorized by WAC 230-20-243, must meet the following requirements:

(a) Each card or sheet of cards must be printed, folded, and sealed in a manner that prohibits determination of numbers or symbols, configurations of such on the card, or the card number prior to opening by the player;

(b) Each card or sheet of cards must have a separate numbering system that is randomly distributed when compared to the card number imprinted in the "free" space. Manufacturers must utilize procedures that mix cards or sheets of cards in a manner that ensures no consistent relationship exists between the "card numbers" and separate numbering system within a set or subset and that there are no patterns or consistent relationships of the location of a specific card number between subsets from different sets;

(c) The serial number and the additional card or sheet number, required by (b) of this subsection, must be imprinted on the outside of the cards or sheets of cards and visible for recording without opening the card or sheet of cards; and

(d) Each set of cards must contain at least six thousand unique faces or patterns of numbers or symbols.

"Player selection" disposable bingo cards.

(8) In addition to the requirements of subsections (1) through (6) of this section, cards sold to operators for use in "player selection" bingo games, authorized by WAC 230-20-241, must be printed on two-part, self-duplicating paper that provides an original and duplicate copy.

Packing slip requirements.

(9) A packing record must be completed for each set of cards or collation of packets and either enclosed inside or in an envelope attached to the carton or package. If the marketing unit contains more than one carton or package, the packing record must be located on carton or package number one. The packing record must include at least the following:

(a) Name of manufacturer;

(b) Description of product, including the "series," "on," "cut," and "up";

(c) Records entry labels that match the identification and inspection services stamp attached to the packing label on the outside of the carton or package;

(d) Serial number or, if packets, serial number of the top page;

(e) Color and border pattern or, if packets, colors and border patterns of all sets and the sequence they are collated in the packet; and

(f) A record of any missing cards, sheets of cards, or packets.

Labeling requirements.

(10) Each separate packing or marketing unit containing a set of cards or collation of packets of cards must be identified in a manner that allows determination of the contents without opening the package. If the marketing unit contains more than one case or carton, each unit shall be labeled and numbered. Minimum information to be disclosed on each carton or package:

(a) The identification and inspection services stamp number;

(b) Serial number or, if packets, serial number of the top page;

(c) Color and border pattern or, if packets, color and border pattern of the top page; and

(d) Number of the carton and the total number of cartons included in the marketing unit.

Quality control.

(11) Sets of cards, collations of packets, or any other marketing units established by a manufacturer shall be complete and contain the correct number of cards or packets and the specific cards or packets noted on the packing slip: Provided, That up to one percent of the cards in the set may be missing if all missing cards, sheets, or packets are documented on the packing record enclosed in carton or package number one of the marketing unit.

Winning card verification system.

(12) To provide the commission and operators the ability to verify the authenticity of winning cards, each manufacturer shall prepare and make available a master verification system for each type or product line of cards it manufactures. This master verification system shall provide a facsimile of each card within a set of cards by the card number. The master verification system shall display the exact numbers or symbols and the location or configuration of numbers or symbols on the card.

[Statutory Authority: RCW 9.46.070. 00-01-003 (Order 378), 230-20-192, filed 12/1/99, effective 1/1/00; 97-19-079, 230-20-192, filed 9/16/97, effective 1/1/98; 94-01-033, 230-20-192, filed 12/6/93, effective 1/6/94.]

OTS-4283.2

AMENDATORY SECTION(Amending WSR 97-19-079, filed 9/16/97, effective 1/1/98)

WAC 230-20-240   Bingo equipment to be used.   ((The conduct of)) Bingo games must ((include)) be conducted using the following ((required)) items:

Mixing devices for bingo balls.

(1) A mechanical device that uses air flow for mixing and randomly withdrawing balls to determine the letters and numbers or symbols to be called must be utilized by all Class D and above operators. This device shall be constructed in the following manner:

(a) It will allow participants full view of the mixing action of the balls; and

(b) The operation cannot be interrupted to change the random placement of the balls at the exit receptacle of the device, except when the device is shut off as allowed by WAC 230-20-246((;)).

Bingo balls.

(2) A set of seventy-five balls bearing the numbers one through seventy-five and the letters B, I, N, G, or O. Provided, That the letters B, I, N, G, O need not appear if the balls are used for speed or hidden face bingo games. The following additional requirements regarding bingo balls must be met:

(a) The entire set of balls shall be available for inspection by the players before a bingo session begins to determine that all are present and in operating condition;

(b) Each numbered ball shall be the same weight as each of the other balls and free from any defects; and

(c) Each set of balls in play must be distinguishable from all other sets of balls in play((;)).

Flashboards.

(3) Flashboards shall be utilized to display numbers called at all Class D and above bingo games. They must be visible to all players and clearly indicate all numbers that have been called: Provided, That malfunctions occurring during a bingo occasion need not be repaired during that occasion, but must be repaired before use on any other occasion((;)).

Bingo cards.

(4) Bingo cards must be preprinted, manufactured cards that meet the following standards:

(a) Have twenty-five spaces, one of which may be a free space, arranged in five even columns headed with the letters B, I, N, G, and O, and except for the free space, imprinted with numbers and symbols: Provided, That bingo cards used for conducting player selection games are exempt from the requirements of this subsection if the requirements of WAC 230-20-241 are followed: Provided further, That bingo cards used for conducting keno bingo games are exempt from the requirements of this subsection if the requirements of WAC 230-20-247 are followed;

(b) Be manufactured by a licensed manufacturer: Provided, That electronically generated bingo cards authorized by WAC 230-20-106 may be produced by the operator using a printer interfaced with an electronic data base system: Provided further, That cards used in player selection games and keno bingo games may be manufactured by unlicensed manufacturers if:

(i) The primary activity of such manufacturer is producing nongambling products;

(ii) Cards must meet the requirements of WAC 230-20-192 and 230-20-241 or 230-20-247. The licensee that initially purchases such cards from the unlicensed manufacturer shall assume responsibility for compliance with all commission requirements;

(iii) In addition to the requirements set out in WAC 230-08-024 and 230-08-040, the invoice transferring these cards must include the beginning card number. If an operator purchases such cards directly from an unlicensed manufacturer, the operator shall assume responsibility for compliance with this requirement.

(c) All disposable bingo cards must meet the requirements of WAC 230-20-192;

(d) No licensed operator shall have disposable bingo cards with the same serial number, color/border pattern, and card number on the premises. This includes player selection and keno bingo cards; and

(e) Electronically generated cards and supporting equipment must meet the requirements of WAC 230-20-106((;)).

Bingo cards for Class F and above licensees.

(5) ((Effective January 1, 1997,)) All Class F and above bingo licensees shall conduct bingo games using disposable bingo cards or electronically generated cards. All income must be receipted for by using the audit system required by WAC 230-20-192 in conjunction with appropriate receipting system required by WAC 230-20-106, 230-20-107, or 230-20-108((;)).

Duplicate bingo cards.

(6) Duplicate cards, as defined in WAC 230-20-192, are prohibited in the operation of bingo games conducted by Class D or above licensees. Operators are advised that conducting games using cards manufactured by different manufacturers may result in duplicate cards being placed in play and that the majority of cards in the "1 to 9000 series" are duplicate, regardless of the manufacturer. Duplicate card violations that result from use of cards from different manufacturers shall be the responsibility of the operator: Provided, That this section shall not apply to braille cards, authorized by WAC 230-20-246(4), if the operator takes steps to prevent duplicate cards and informs players regarding limitations to prizes when winners have duplicate cards because braille cards are being played((;)).

Pay-out and documentation of duplicate bingo cards.

(7) If duplicate cards are inadvertently sold at bingo games conducted by Class D or above licensees, the following procedures and restrictions apply:

(a) If all winners with duplicate cards are paid the entire prize amount that would be due if there were no duplicate cards, the licensee shall not be deemed to be in violation of this section;

(b) The amount of the prize for games with winners having duplicate cards shall be computed and paid using the following guidelines:

(i) Games that provide a bonus for a single winner - If all winners have duplicate cards then all winners shall be paid the bonus;

(ii) Games that result in multiple winners, some of which are players with duplicate cards - The split of the prize pool will be computed by counting all duplicate card winners as one. After the prize pool split is computed using this method, all winners will be paid according to the computed prize split;

(iii) If the prize pool contains noncash or merchandise prizes, the amount added to the prize pool for computing the split shall be the licensee's cost or retail value, whichever is posted in the game schedule: Provided, That ((manufactures [manufacturers])) manufacturers shall not be responsible for increases to the prize pool required by this subsection; and

(iv) If the prize is greater than one thousand dollars, the operator shall not be required to increase the total prize pool by more than fifty percent or five thousand dollars, whichever is less: Provided, That this limitation shall only be authorized once within a twelve-month period. If this limitation has been used within the last twelve months, the full prize amount shall be paid to all holders of duplicate cards;

(c) Increases to prize pools as a result of duplicate card errors, for which the manufacturer is responsible, may be deducted from prize payouts for computing compliance with WAC ((230-20-064)) 230-20-062;

(d) Details of circumstances that resulted in duplicate cards being sold shall be documented and maintained as a part of the daily bingo record for the session;

(e) The commission shall be notified within forty-eight hours after discovery of a duplicate card error if:

(i) Caused by manufacturer printing, packaging, or collation errors; or

(ii) Any player winning with a duplicate card was not paid the entire prize amount;

(f) Licensees shall pursue reimbursement of all prizes paid due to errors from the manufacturer responsible for such errors.

[Statutory Authority: RCW 9.46.070. 97-19-079, 230-20-240, filed 9/16/97, effective 1/1/98. Statutory Authority: RCW 9.46.070 (1), (4), (20). 97-05-056, 230-20-240, filed 2/19/97, effective 7/1/97. Statutory Authority: RCW 9.46.070 (1), (8) - (11), (14), (20). 96-13-067 (Order 293), 230-20-240, filed 6/18/96, effective 7/19/96. Statutory Authority: RCW 9.46.070. 95-19-070, 230-20-240, filed 9/18/95, effective 1/1/96; 94-01-033, 230-20-240, filed 12/6/93, effective 1/6/94; 90-24-005 (Order 218), 230-20-240, filed 11/26/90, effective 12/27/90. Statutory Authority: RCW 9.46.070 (11) and (14). 88-17-050 (Order 182), 230-20-240, filed 8/16/88. Statutory Authority: RCW 9.46.020 (1) and (10) and 9.46.070 (3), (11) and (14). 86-09-036 (Order 157), 230-20-240, filed 4/11/86. Statutory Authority: RCW 9.46.070 (5), (6), (8), (10) and (11). 84-01-026 (Order 139), 230-20-240, filed 12/12/83. Statutory Authority: RCW 9.46.070 (8), (11) and (14). 83-13-050 (Order 134), 230-20-240, filed 6/14/83.]

OTS-4284.1

AMENDATORY SECTION(Amending Order 250, filed 3/16/94, effective 4/16/94)

WAC 230-20-400   Certain lower volume licensees exempted from certain rules.   Persons holding the licenses issued under the classes and circumstances set forth in WAC 230-04-065 or persons operating without a license under RCW 9.46.0315 and 9.46.0321 need not comply with the following rules of the commission, except as noted:

(1) WAC 230-04-280 requiring notification to local law enforcement of their activity, but nonlicensees must comply with RCW 9.46.0315 and 9.46.0321.

(2) WAC 230-08-080 requiring certain daily records: Provided, That all such persons in the alternative, must comply with WAC 230-08-015 (1), (2), and (3).

(3) WAC 230-08-010 concerning operator records: Provided, That all such persons must, in the alternative, comply with WAC 230-08-015 (1), (2), and (3).

(4) WAC 230-08-120 requiring quarterly reports: Provided, That holders of such classes of licenses must in the alternative, comply with WAC 230-08-015(4).

(5) With respect to volunteer operators only, i.e., those not compensated for their work by the licensee, WAC 230-20-220 prohibiting certain persons from playing in bingo games.

(6) ((WAC 230-20-120 concerning free food and beverages at bingo games.

(7))) WAC 230-20-190 concerning bingo card prices.

(((8))) (7) WAC 230-20-230 concerning free games for winners.

[Statutory Authority: RCW 9.46.070, 9.46.0315 and 9.46.0321. 94-07-084 (Order 250), 230-20-400, filed 3/16/94, effective 4/16/94; Order 80, 230-20-400, filed 12/28/77; Order 53, 230-20-400, filed 5/25/76; Order 29, 230-20-400, filed 1/23/75; Order 14, 230-20-400, filed 3/27/74.]

OTS-4335.1

AMENDATORY SECTION(Amending WSR 97-11-019, filed 5/13/97, effective 6/13/97)

WAC 230-30-025   Progressive jackpot pull-tab series -- Definitions -- Restrictions -- Operating procedures.   For purposes of this title, the following definitions, restrictions, operating procedures, and recordkeeping requirements apply to progressive jackpot pull-tab series(([.])):

Definitions.

(1) The following definitions apply to this section:

(a) ((["]))"Progressive jackpot((["]))" means a prize awarded to the player who presents a pull-tab designated as the winning progressive jackpot pull-tab. The progressive jackpot is comprised of the starting jackpot prize and the accrued jackpot prize for that specific series, plus any accrued jackpot prize carried over from previous series;

(b) ((["]))"Jackpot accrual rate" means the rate at which a progressive jackpot increases for each pull-tab sold. The rate may be expressed as a percentage of gross gambling receipts or as a dollar value based on the price of a single pull-tab;

(c) "Starting jackpot prize" means the base or minimum amount of a progressive jackpot for each series prior to any additions that are based on the jackpot accrual rate;

(d) "Accrued jackpot prize" means the dollar value of all additions to a progressive jackpot that relate to the number of pull-tabs sold prior to the progressive jackpot being won or the series being removed from play;

(e) "Instant winners" means all prizes that are available from a progressive jackpot pull-tab series, excluding the progressive jackpot;

(f) "Bank system" means a group of pull-tab dispensing devices that are connected by an electronic computer network. This computer network determines the total gross gambling receipts received by all the devices in the network and calculates the level of a progressive jackpot associated with a pull-tab series being played in the networked devices.

((What are the operating conditions governing dispensing devices used for progressive jackpot pull-tabs?)) Dispensing devices.

(2) Progressive jackpot pull-tab dispensing devices may be operated under the following conditions:

(a) All machines in a bank system must be located in the same physical proximity on the license premises, so that players can observe all remaining pull-tabs in a series;

(b) Each bank system must be linked to a computer system which records all sales and the accumulation of the progressive jackpot;

(c) A licensee may have more than one bank system operating at one time, but at no time shall a bank system exceed ten machines;

(([(d) From the effective date of this rule, the number of progressive pull-tab dispensing devices per location shall be limited to ten machines for commercial stimulant licensees and twenty machines for charitable or nonprofit licensees. The director may approve an increase in the number of machines upon receipt of a written request by the licensee if the director determines that the licensee is in compliance with all regulations and approval would not be detrimental to the interests of the commission and/or the public;]

What are the additional requirements for operating progressive jackpot pull-tab series?))

Operating requirements.

(3) Progressive jackpot pull-tab series shall be conducted in the same manner as other pull-tab series. In addition, the following requirements apply:

(a) An owner or licensed commercial or charitable or non-profit gambling manager shall be on the premises at all times during the operation of progressive jackpot pull-tab series;

(b) Pull-tabs shall be stored in secured locations with access limited to owners and licensed individuals only;

(c) The licensee shall have sufficient funds available to pay all prizes upon redemption of winning tabs. Failure to have sufficient funds available shall be prima facie evidence of defrauding the public in violation of RCW 9.46.190;

(d) The current progressive jackpot total must be clearly displayed near the bank of machines at all times during the sale of progressive pull-tabs;

(e) One flare shall be prominently displayed near the bank of machines;

(f) The following are prohibited for use with progressive jackpot pull-tab series:

(i) Substitute flares;

(ii) Merchandise prizes;

(iii) Last sale prizes;

(g) The operator must disclose the operating procedures regarding playing out a series or carrying over accrued prizes, as set forth in (4)(e) below; and

(h) After the retention period, unsold tabs shall be destroyed in such a manner that unopened winning tabs may not be found and used later.

((What are the)) Operating conditions governing prizes((?)).

(4) The following conditions apply to prizes for progressive jackpot pull-tab series:

(a) The instant winners shall be equal to or greater than forty percent of total gross gambling receipts available from the series;

(b) The starting jackpot must be at least equal to the value of the highest level instant winner;

(c) The minimum jackpot accrual rate shall be set at a level that will generate an accrued jackpot prize which, when added to the starting jackpot prize and instant winners, will equal or exceed sixty percent of the total gross gambling receipts available from the series;

(([(d)])) (d) The manufacturer shall determine the starting jackpot (([needed to meet the sixty percent payout requirement;])) prize and corresponding jackpot accrual rate needed to meet the sixty percent payout requirement in (4)(a) and (b) above. This information shall be packaged with each series;

(e) For each progressive individual pull-tab series, the maximum contribution to a progressive jackpot shall be five thousand dollars. This contribution amount shall specifically exclude any portion carried over from a previous series;

(f) Operators shall not remove a progressive jackpot pull-tab series from play prior to the progressive jackpot being won: Provided, That operators may elect to remove a series from play only under the following conditions:

(i) The series is removed only prior to the beginning or at the end of any business day;

(ii) The accrued jackpot prize from the series and any previously carried over accrued jackpot prize shall be carried over to a new series within twenty-four hours;

(iii) The accrued jackpot prize shall be added to the starting jackpot amount from the new series when it is placed out for play; and

(iv) The starting jackpot of the subsequent series must be equal to or greater than the starting jackpot amount of the previous series.

((How must winning tabs be redeemed?)) Redeeming winning tabs.

(5) Winning tabs shall be redeemed in the same manner as required by WAC 230-30-070. The following requirements also apply:

(a) For jackpot prizes six hundred dollars and over, the winner's full name, address, and social security number shall be recorded on a separate form for purposes of compliance with federal tax provisions;

(b) At least the starting jackpot portion of the progressive jackpot shall be paid by check. The licensee shall record the check number in addition to the information required in WAC 230-30-070(5). These checks may not be cashed on the licensed premises; and

(c) All jackpot winning tabs must be defaced immediately upon receipt instead of within twenty-four hours.

((What records must I keep, and for how long must they be retained?)) Recordkeeping.

(6) The following recordkeeping requirements apply to progressive jackpot pull-tab series:

(a) All recordkeeping requirements outlined in WAC 230-08-010 must be followed. Licensees shall record progressive jackpot series on a separate monthly record, in a format prescribed by the commission. The following additional information must be recorded for each series:

(i) The starting jackpot amount;

(ii) The jackpot accrual rate;

(iii) The number of pull-tabs sold out of each dispensing device;

(iv) If the progressive jackpot was awarded, the progressive jackpot amount;

(v) If the series was removed from play prior to the jackpot being won, the ending progressive jackpot amount;

(vi) All regular prizes awarded, excluding the progressive jackpot; and

(vii) Prizes paid by check;

(b) In addition to the retention requirements in WAC 230-30-072, progressive jackpot winning tabs and winner information, along with the flares, must be retained for one year from the date in which the series was removed from play.

((What aspects of a progressive pull-tab system require agency approval and what standards are applicable to this approval process?)) Approval process for progressive pull-tab systems.

(7) The director shall approve all progressive jackpot pull-tab series, progressive jackpot dispensing devices, and computer software used to link dispensing devices, accrue jackpot prizes, and store data used in preparing records. Procedures for approval are as follows:

(a) Any costs related to this approval shall be billed to the persons requesting approval;

(b) The following progressive jackpot pull-tab series requirements shall be approved prior to sale in Washington:

(i) The process used to manufacture the progressive jackpot series; and

(ii) The secondary win code system; and

(c) Computer software requiring the approval of the director shall be subject to the following standards;

(i) For each game, no person other than the maker of the software shall be able to alter data once it is input into the system; and

(ii) A record of transactions for a game must be retained in memory until the transactions have been totaled, printed, and cleared by the operator regardless of whether the unit's primary power source is interrupted.

[Statutory Authority: RCW 9.46.070 (1), (2), (4), (8), (11) and (14). 97-11-019, 230-30-025, filed 5/13/97, effective 6/13/97. Statutory Authority: RCW 9.46.070, 9.46.120, 9.46.0273, 9.46.310 and 34.05.313. 96-24-006 (Order 305), 230-30-025, filed 11/21/96, effective 1/1/97.]

OTS-4278.1

AMENDATORY SECTION(Amending WSR 97-14-012, filed 6/20/97, effective 7/21/97)

WAC 230-30-103   Standards for construction of pull-tabs.   (((1)))

Determination of winners prohibited.

(((a))) (1) Pull-tabs shall be constructed and glued, sealed, or banded so that it is impossible to determine the covered or concealed numbers, symbol, set of symbols, or game protection on the pull-tab until it has been dispensed to and opened by the player, by any method or device, including but not limited to, markings, variance in size, variance in paper fiber, color or printing variations or light((.)); and

(((b))) (2) All pull-tabs will be constructed to insure that, when offered for sale to the public, the pull-tab is virtually opaque and free of security defects wherein winning pull-tabs cannot be determined prior to being opened through the use of high intensity lights, peeking, or any other method.

Construction of pull-tabs.

(((2))) (3) All pull-tabs, except banded and latex covered pull-tabs, will be constructed using a two or three ply paper stock construction. Winning and losing sheets for each game must be manufactured using the same paper stock and must be manufactured at the same time for all progressive pull-tab series, as authorized in WAC 230-30-025.

(((3))) (4) The manufacturer shall conspicuously print on the pull-tab the series number and the name of the manufacturer or label or trademark identifying the manufacturer so both are readily visible prior to opening the pull-tab. The label or trademark must be filed with the commission prior to the printing of the pull-tab.

(((4))) (5) The cover sheet will contain perforated and/or clean-cut openings centered over the symbols or numbers on the back of the face sheet in such a manner as to allow easy opening by the consumer after purchase of the pull-tabs, while at the same time, not permitting pull-tabs to be opened prematurely in normal handling. Perforation should exist on both horizontal lines of the opening with either perforated or clean-cut on the vertical or elliptical line where the tab must be grasped for opening after bending the edge of ticket down. The tab may contain information to show the consumer how to open the pull-tab or remove the latex to determine the symbols or numbers.

(((5))) (6) No series numbers used on a series shall be repeated on that same manufacturer's form number within a three-year period.

Winner protection and verification codes.

(((6))) (7) Each manufacturer shall establish methods of winner protection for each punch board and pull-tab series. Such protection shall afford operators, the commission, and other law enforcement personnel the ability to distinguish winning pull-tabs (([after they have been purchased and opened,])) after they have been purchased and opened, from those that are nonwinning, altered (([or] [,])), forged, or from another series. Such protection shall be completely hidden from view and undetectable by any means prior to a pull-tab being opened.

(a) Each manufacturer shall establish its own primary game protection for each pull-tab series. This game protection shall be a method of identifying winning pull-tabs, after they have been purchased and opened, so as to distinguish them from non-winning pull-tabs. The manufacturer may use special numbers, colors, designs, ink(([,])), or any combination thereof to establish the primary game protection. Manufacturers shall provide a written explanation of each protection scheme to the commission. Such notification shall be detailed and include pictures, diagrams, and/or samples necessary to thoroughly explain the scheme. The commission shall be notified in writing of any changes to protection schemes.

(b) All pull-tabs manufactured for use in the state of Washington after January 1, 1992, shall utilize a secondary verification code to prevent counterfeiting on tabs that award prizes greater than twenty dollars. Such codes shall be approved by the director prior to use within the state. Punch boards are exempt from the secondary verification code requirements.

(c) Spindle-type pull-tab series when played in the manner set out in WAC (([230-30-070] [230-30-078](8))) 230-30-070(10) are exempt from this requirement.

[Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, 230-30-103, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070, 9.46.120, 9.46.0273, 9.46.310 and 34.05.313. 96-24-006 (Order 305), 230-30-103, filed 11/21/96, effective 1/1/97. Statutory Authority: RCW 9.46.070. 94-07-084 (Order 250), 230-30-103, filed 3/16/94, effective 4/16/94. Statutory Authority: Chapter 9.46 RCW. 91-21-053 (Order 228), 230-30-103, filed 10/15/91, effective 11/15/91; 87-15-052 (Order 169), 230-30-103, filed 7/14/87. Statutory Authority: RCW 9.46.070 (1), (2), and (11) and 9.46.110. 85-21-046 (Order 154), 230-30-103, filed 10/14/85. Statutory Authority: RCW 9.46.070 (5), (7), (8), (9), (11), (14) and (19). 84-13-038 (Order 140), 230-30-103, filed 6/15/84; Order 78, 230-30-103, filed 11/17/77; Order 43, 230-30-103, filed 11/28/75.]

OTS-4276.3

AMENDATORY SECTION(Amending Order 294, filed 6/18/96, effective 7/19/96)

WAC 230-50-800   Petitions for rule making, amendments, or repeal.   Any person may petition the commission requesting the adoption, amendment, or repeal of any rule.

The petition should contain sufficient information so that the agency and public can understand the proposal.

Information required on a petition.

Every petition for adoption, repeal, or amendment of a rule must include the following information:

(1) The name of the agency responsible for administering the rule; and

(2) The rationale for adoption of a new rule or amendment or repeal of an existing rule.

(3) In addition to any other concerns, you, the petitioner, are encouraged to address whether:

(a) The rule is authorized;

(b) The rule is needed;

(c) The rule conflicts with or duplicates other federal, state, or local laws;

(d) Alternatives to the rule exist that will serve the same purpose at less cost;

(e) The rule applies differently to public and private entities;

(f) The rule serves the purposes for which it was adopted;

(g) The rule imposes unreasonable costs;

(h) The rule is clearly and simply stated; and

(i) The rule differs, without adequate justification, from a federal law which applies to the same activity or subject matter.

Additional information required.

(4) When you are:

(a) Proposing a new rule, the petition should include the test of the proposed rule or a description of its provisions;

(b) Requesting amendment of an existing rule, the petition should include the name, title, number of the rule, and the text or description of the amendment; or

(c) Requesting repeal of an existing rule, the petition should include the name, title, number of the rule, and a description of the effects of repealing the rule.

Locating a petition form.

(5) You, the petitioner, can obtain a standard petition from the office of financial management or any state agency involved in rule making. Agencies must accept petitions submitted using the standard form or in any other format that provides the information described in subsections (1) through (4) of this section.

Submitting a petition.

(6) ((How do I submit a petition?

(a))) Petitions for adoption, amendment, or repeal of a rule must be faxed ((to (360) 438-8652,)) or mailed to the ((following address:)) administrative office of the commission in Lacey.

((Washington State Gambling Commission

ATTN: Rules Coordinator

PO Box 42400

Olympia, WA 98504-2400

(b))) (7) Submission of a petition is defined as receipt of the petition by the gambling commission.

Agency response to a petition.

(((7) What happens after a petition is submitted?

(a))) (8) Within a reasonable time, the administering agency will send you, the petitioner, acknowledgment of receipt of the petition, including the name and telephone number of a contact person.

(((b))) (9) No later than sixty days after receipt of a petition, the agency must either:

(((i))) (a) Initiate rule-making proceedings in accordance with chapter 34.05 RCW; or

(((ii))) (b) Deny the petition in writing, stating its reasons for the denial and specifically addressing the concerns stated in the petition. Where appropriate, the agency must indicate alternative means by which the agency will address the concerns raised in the petition.

Appealing the denial of a petition.

(((8) How can I appeal gambling commission denial of my petition?

(a))) (10) If the gambling commission denies your petition, within thirty days of the denial, you, the petitioner, may:

(a) Appeal the denial to the governor.

(((b))) The governor will process the appeal according to RCW 34.05.330(((2))) (3); or

(b) Petition for a review by the joint administrative rules review committee according to RCW 34.05.330(2), only if your petition alleges that the rule you wish to amend is not within the intent of the legislature or not adopted in accordance with all applicable provisions of the law.

[Statutory Authority: RCW 9.46.070 and chapter 34.05 RCW. 96-13-068 (Order 294), 230-50-800, filed 6/18/96, effective 7/19/96. Statutory Authority: Chapter 34.05 RCW. 89-24-003 (Order 200), 230-50-800, filed 11/27/89, effective 12/28/89; Order 9, 230-50-800, filed 12/19/73.]

Washington State Code Reviser's Office