PROPOSED RULES
Continuance of WSR 03-01-047.
Preproposal statement of inquiry was filed as WSR 02-21-024.
Title of Rule: WAC 315-04-065 Promotional license.
Purpose: To provide for the issuance of a retailer license for a limited promotional period.
Statutory Authority for Adoption: RCW 67.70.040.
Statute Being Implemented: RCW 67.70.040.
Summary: WAC 315-04-065 will set for the requirements to permit the director to issue a retailer license for a limited promotional period.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Anthony S. Molica, Director, Olympia, (360) 664-4800.
Name of Proponent: , governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The new rule specifies that the director may establish criteria for licensing retailers to sell lottery tickets for a limited promotional period. The director may take into consideration the duration of the promotion and the variety and quantity of the tickets to be sold by the retailer.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The lottery has considered whether these rules are subject to the Regulatory Fairness Act, chapter 19.85 RCW, and has determined that they are not because the rules impose no more than minor, if any, costs on businesses and have negligible impact on the conduct of businesses.
RCW 34.05.328 does not apply to this rule adoption. This section does not apply to these proposed rules because they are not proposed by one of the listed agencies. As the rules are merely interpretive, the lottery does not voluntarily apply this section.
Hearing Location: Oxford Suites, 1701 East Yakima Avenue, Yakima, WA 98901, on May 15, 2003, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Ceil Buddeke by April 13, 2003, TDD (360) 586-0933 or (360) 664-4831.
Submit Written Comments to: Ceil Buddeke, Legal Counsel, fax (360) 586-6586, by April 13, 2003.
Date of Intended Adoption: May 15, 2003.
March 17, 2003
Anthony S. Molica
Lottery Director
OTS-6038.1
NEW SECTION
WAC 315-04-065
Promotional license.
(1) The director
may issue a promotional license for a marketing promotion for
a period not exceeding one hundred eighty days for the sale of
scratch and/or on-line game tickets.
(2) The director may establish financial and criminal history or other criteria for the issuance of a promotional license based on the duration of the promotion and the variety and quantity of tickets to be sold by the applicant.
(3) The director may waive any license fees or charges in issuing a promotional license and may establish procedures to streamline payments by promotional retailers to the lottery.
(4) Any retailer issued a promotional license must apply for and be issued a provisional/general license as set forth in chapter 315-04 WAC and lottery policy in order to continue to sell lottery tickets after the expiration of his/her promotional license.
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