WSR 04-09-088

PROPOSED RULES

GAMBLING COMMISSION


[ Filed April 20, 2004, 3:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-015.

Title of Rule: Amending WAC 230-30-033 Event pull-tab series--Definitions--Restrictions.

Purpose: We have received a petition for rule change from Bonanza Press, requesting an amendment to WAC 230-30-033. Petitioner requests an amendment to allow carry-over jackpots to be used in event pull-tab series. Staff does not have regulatory concerns with the proposed change.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 486-3466; Implementation: Rick Day, Lacey, (360) 486-3446; and Enforcement: Neal Nunamaker, Lacey, (360) 486-3452.

Name of Proponent: Staff, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: LaConner Maple Hall, 108 Commercial Street, LaConner, WA 98257, (360) 466-3101, on July 9, 2004, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by July 1, 2004, TDD (360) 486-3637 or (360) 486-3447.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, fax (360) 486-3625, by July 1, 2004.

Date of Intended Adoption: July 9, 2004.

April 20, 2004

Susan Arland

Rules Coordinator

OTS-7143.1


AMENDATORY SECTION(Amending Order 410, filed 2/22/02, effective 7/1/02)

WAC 230-30-033   Event pull-tab series -- Definitions -- Restrictions.   Charitable or nonprofit bingo operators may use event pull-tab series under the following definitions and restrictions.


Definitions.


(1) The following definitions apply to this section:

(a) "Event pull-tab series" means a pull-tab series that includes a predetermined number of pull-tabs which allow a player to advance to an event round;

(b) "Event round" means a secondary element of chance where the prizes are determined based on pull-tabs which match specific winning numbers drawn in a bingo game. The winning numbers must fall within numbers 1 through 75.


Manufacturing restrictions.


(2) The following manufacturing restrictions apply to this section:

(a) An event pull-tab series shall be manufactured meeting all standards of construction included in WAC 230-30-103;

(b) An event pull-tab series may include instant winning prizes in addition to event round prizes;

(c) The flare shall clearly set out the following:

(i) All prizes available, in accordance with WAC 230-30-106;

(ii) The number of chances available to advance to the event round;

(iii) How the event round winner is to be determined; and

(iv) The number of winning pull-tabs at the instant winner level, and the number of winning pull-tabs at the event round level.


Operational restrictions.


(3)(a) The event pull-tab series must be played in a charitable or nonprofit bingo hall and must be played and completed within one bingo session;

(b) Prior to putting an event pull-tab series into play, the operator must fully disclose, in plain view, when the event round (which involves the second element of chance) will take place;

(c) Event pull-tab series must be available for purchase until immediately prior to the event round, unless the game has been completely sold out;

(d) A licensed manager must be present at all times an event pull-tab series is in play, including sales of tickets and selection of winners;

(e) Event pull-tab tickets may be sold by floor workers (for example, from aprons). This method of selling pull-tabs only applies to an event pull-tab series. Detailed accounting records shall be maintained as prescribed by commission staff to track the event pull-tab tickets issued to each floor worker.

(f) ((The following)) Event pull-tab series that offer a carry-over jackpot shall meet the requirements set forth in WAC 230-30-045.

(g) Substitute flares and bonus pull-tab series are prohibited for use with event pull-tab series((:

(i) Substitute flares;

(ii) Bonus pull-tab series; and

(iii) Carry-over jackpots)).

[Statutory Authority: RCW 9.46.070. 02-06-007 (Order 410), 230-30-033, filed 2/22/02, effective 7/1/02; 01-05-018 (Order 398), 230-30-033, filed 2/9/01, effective 3/12/01.]

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