WSR 03-05-089

PERMANENT RULES

GAMBLING COMMISSION


[ Order 417-B -- Filed February 19, 2003, 10:53 a.m. , effective June 30, 2003 ]

Date of Adoption: February 14, 2003.

Purpose: At the November 2002 commission meeting, the commission adopted an amended version of WAC 230-08-017. The term "annual" was inadvertently left out of WAC 230-08-017(5) when it was reformatted into a chart. It was not the commission's intention to remove "annual" and the commission will be asked to readopt this rule to clarify four stamps are "annual" stamps.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

February 13, 2003

Susan Arland

Rules Coordinator

OTS-6150.1


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.]

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