WSR 06-17-134

PROPOSED RULES

GAMBLING COMMISSION


[ Filed August 22, 2006, 8:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-11-110.

Title of Rule and Other Identifying Information: Chapter 230-18 WAC, Promotional contests of chance not licensed by the Washington state gambling commission.

Hearing Location(s): Inn at Gig Harbor, 3211 56th Street N.W., Gig Harbor, WA 98335, (253) 851-5402, on October 13, 2006, at 9:30 a.m.

Date of Intended Adoption: October 13, 2006.

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 October 1, 2006.

Assistance for Persons with Disabilities: Contact Shirley Corbett by October 1, 2006, TTY (360) 486-3637 or (360) 486-3447.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The gambling commission is rewriting its rules manual using plain English techniques. The rules manual has been divided into sections and is being rewritten a section at a time. Following are rules relating to all promotional contests of chance. These rules are written in plain talk and now numbered as chapter 230-18 WAC.

Statutory Authority for Adoption: RCW 9.46.070.

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 and Enforcement: Rick Day, Director, Lacey, (360) 486-3446.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement has not been prepared pursuant to RCW 19.85.025, and/or the proposed rule change clarifies language of rules without changing the effect.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

August 21, 2006

Susan Arland

Rules Coordinator

OTS-9122.1

Chapter 230-18 WAC

PROMOTIONAL CONTESTS OF CHANCE NOT LICENSED BY THE WASHINGTON STATE GAMBLING COMMISSION


NEW SECTION
WAC 230-18-005   Telephone fees deemed "consideration."   Participants may be required to place a telephone call to enter a promotional contest of chance, but additional fees such as those for a 1-900 number are "consideration" and are not authorized.

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NEW SECTION
WAC 230-18-010   Promotional contests of chance similar to bingo.   A business may offer a promotional contest of chance (PCOC) that is similar to bingo, commonly referred to as "no fee bingo."

(1) A business must not:

(a) Charge participants a direct or indirect fee to participate in the PCOC. Indirect fees include, but are not limited to, cover charges; and

(b) Operate the PCOC for no more than a total of three hours per day, twice per week. Participants must receive a bingo card immediately before the start of each game.

(2) A business must:

(a) Award only merchandise items, such as food, nonalcoholic beverages, hats, shirts, or other promotional items valued at less than twenty-five dollars each. The business must:

(i) Not substitute cash prizes for merchandise prizes; and

(ii) Not award prizes worth more than one hundred dollars per week or five thousand dollars per year; and

(iii) Record the names of winners and prize(s) won for each game; and

(b) Use recreational bingo cards that are not used in authorized bingo games.

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NEW SECTION
WAC 230-18-015   Promotional game cards used in promotional contests of chance.   (1) A business may use promotional game cards similar to pull-tabs as part of a promotional contest of chance (PCOC) if the game cards:

(a) Are readily distinguishable from other pull-tabs sold in the state of Washington; and

(b) Are designed and manufactured for a specific PCOC; and

(c) Clearly display the name of the sponsoring business or the promoted product(s); and

(d) Have no price per play on the card; and

(e) Have the official rules of play, including "no purchase necessary," printed on the back.

(2) We may seize PCOC game cards that violate these restrictions.

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Washington State Code Reviser's Office