WSR 04-11-091

PERMANENT RULES

GAMBLING COMMISSION


[ Order 431 -- Filed May 18, 2004, 5:05 p.m. , effective July 1, 2004 ]

Date of Adoption: May 14, 2004.

Purpose: Promotions, the amendment is not intended to change current requirements under this rule, it was rewritten to make it clearer and easier to understand.

Citation of Existing Rules Affected by this Order: Amending WAC 230-12-045.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 04-07-103 on March 17, 2004, with a published date of April 7, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 1, 2004.

May 18, 2004

Susan Arland

Rules Coordinator

OTS-6430.2


AMENDATORY SECTION(Amending Order 413, filed 5/16/02, effective 7/1/02)

WAC 230-12-045   Gambling promotions ((for gambling activities -- Conditions -- Restrictions)).   ((Licensees may conduct promotions connected with authorized gambling activities under the following conditions and restrictions:


Definitions.


(1) Gambling promotions are directly connected to a gambling activity. A promotion may offer cash, merchandise, and/or discounted coupons to encourage a player to begin or continue play in a gambling activity.

(2) Promotional contests of chance are defined in RCW 9.46.0356. These contests are designed for a business to advertise or promote its goods, wares, merchandise, or services. These contests must be open to all customers and there must always be a free method of entry.


Conditions.


(3) The following conditions apply to promotions:

(a) All players must have an equal opportunity to participate;

(b) A promotion may provide an initial opportunity to engage in a gambling activity for free or at a discount; and

(c) All rules or restrictions governing the promotions shall be conspicuously displayed in the gaming area and referred to on any promotional coupon or advertisement.


Restrictions.


(4) The following restrictions apply to promotions:

(a) Any promotion offered to an individual player shall not exceed five hundred dollars in actual cost, per item;

(b) Promotions shall not consist of schemes in which the prize or end result is an additional opportunity to engage in a gambling activity regulated by the Washington state gambling commission; and

(c) Gambling activities and related promotions shall not be combined in any way with promotional contests of chance, as defined in RCW 9.46.0356.)) Licensees may conduct gambling promotions to encourage players to participate in a gambling activity under the following conditions and restrictions:

(1) The following conditions apply:

(a) All players must have an equal opportunity to participate;

(b) Licensee must establish criteria to determine how promotional items will be distributed to players. The criteria must not include distribution based on an element of chance, such as a drawing or spinning wheel, except as authorized under WAC 230-20-242.

(c) All rules or restrictions must be conspicuously displayed in the gaming area and included on promotional materials or advertisements.

(2) The following restrictions apply:

(a) Promotional items must not exceed a cost of five hundred dollars per item;

(b) Promotional items awarded based on the outcome of a gambling activity must not be an additional opportunity to engage in a gambling activity regulated by the commission;

(c) Gambling activities and related gambling promotions must not be combined in any way with a promotional contest of chance, as defined in RCW 9.46.0356.

[Statutory Authority: RCW 9.46.070. 02-11-084 (Order 413), 230-12-045, filed 5/16/02, effective 7/1/02.]

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