WSR 04-19-093

PROPOSED RULES

GAMBLING COMMISSION


[ Filed September 20, 2004, 2:46 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-16-052.

Title of Rule and Other Identifying Information: WAC 230-30-033 Event pull-tabs -- Definitions -- Restrictions.

Hearing Location(s): Red Lion Hotel, Yakima Center, 607 East Yakima Avenue, Yakima, WA 98901, (509) 248-5900, on November 19, 2004, at 9:30 a.m.

Date of Intended Adoption: November 19, 2004.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504, e-mail Susana@wsgc.wa.gov, fax (360) 486-3625, by November 1, 2004.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ronnie Strong has submitted a petition for rule change to amend WAC 230-30-033. This rule sets operating requirements for event pull-tab series. These pull-tab series are only offered by charitable or nonprofit organizations and are operated in conjunction with bingo games. Mr. Strong is requesting that the name "event pull-tab series" be changed to "event bingo ticket."

Reasons Supporting Proposal: At the September meeting, the commission filed the petition and anticipate staff providing a recommendation on whether to support the petition or not at the next meeting.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

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

Name of Proponent: Washington State Gambling Commission, governmental.

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

September 14, 2004

Susan Arland

Rules Coordinator



AMENDATORY SECTION [(Amending Order 432, filed 7/13/04)]WAC 230-30-033   ((Event pull-tab)) Bingo ticket series -- Definitions -- Restrictions.   Charitable or nonprofit bingo operators may use ((event pull-tab)) bingo ticket series under the following definitions and restrictions.


Definitions.


(1) The following definitions apply to this section:

(a) "((Event pull-tab)) bingo ticket 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)) Bingo ticket 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)) A bingo ticket series shall be manufactured meeting all standards of construction included in WAC 230-30-103;

(b) ((An event pull-tab)) A bingo ticket b 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)) bingo ticket 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)) bingo ticket round level.


Operational restrictions.


(3)(a) The ((event pull-tab)) bingo ticket 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)) a bingo ticket series into play, the operator must fully disclose, in plain view, when the ((event)) bingo ticket round (which involves the second element of chance) will take place;

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

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

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

(f) ((Event pull-tab)) Bingo ticket 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)) bingo ticket series.

[Statutory Authority: RCW 9.46.070. 04-15-047 (Order 432), 230-30-033, filed 7/13/04, effective 8/13/04; 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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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