Effective Date of Rule: Thirty-one days after filing.
Purpose: Manufacturers and distributors may now base rental/lease fees for electronic bingo card daubers on the number of player selection games sold to a device.
Citation of Existing Rules Affected by this Order: Amending WAC 230-20-244.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 06-10-011 on April 21, 2006, with a published date of May 17, 2006.
Changes Other than Editing from Proposed to Adopted Version: After the petition was filed (amendments to WAC 230-12-340 and 230-20-244), the commission voted to repeal WAC 230-12-340 effective August 17, 2006. As such, an amendment to accomplish the petitioner's request is only needed in WAC 230-20-244. The language in WAC 230-20-244 was clarified after the CR-102 was filed to specifically allow lease/rent fees for electronic bingo daubers to be based on the number of player selection games sold to an electronic bingo card dauber.
CORRECTION FILING: An older version of this rule was inadvertently filed under WSR 06-17-086. This version accurately reflects the language the commission adopted at their August 2006, commission meeting. This version contains the words "as described in" WAC 230-20-244, rather than having parentheses around WAC 230-20-244.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 22, 2006.
AMENDATORY SECTION(Amending Order 409, filed 2/22/02, effective 7/1/02)
WAC 230-20-244 Electronic bingo card daubers -- Definition -- Operating restrictions -- Standards. The commission deems that any device, apparatus, or scheme that allows a player in any gambling activity a material advantage over other players is against public policy and restriction of such is in the public's interest. Electronic bingo card marking devices or daubers are deemed to provide a player a material advantage unless operated in accordance with subsection (2) of this section. For purposes of this title, the following definitions, restrictions, and standards apply to such devices:
(1) Electronic bingo card daubers are defined as electronic appliances used by players to identify bingo cards that contain numbers or symbols input by a player. These devices electronically store preprinted bingo cards purchased by a player, provide a means for players to input numbers or symbols called by the operator, compare the numbers or symbols input by the player to bingo cards previously stored in an electronic data base, and identify to the player those stored bingo cards that contain the numbers or symbols input by the player: Provided, That player-owned devices, which are not directly interfaced with or connected to equipment used to conduct bingo games or the electronic data base in which electronically generated bingo cards are stored in any manner, are not "electronic bingo card daubers" for purposes of this title;
(2) Electronic bingo card daubers will not be deemed to provide players a material advantage and may be used by players in bingo games when operated in the following manner:
(a) The player must perform at least the following functions:
(i) Input each number or symbol called by the operator into the memory of the dauber unit by use of a separate input function for each number symbol. Automatic or global marking of numbers or symbols is prohibited;
(ii) Notify the operator when a winning pattern or "bingo" occurs by means that do not utilize the dauber unit or the associated system; and
(iii) Identify the winning card and display the card to the operator;
Maximum number of cards to be played during each game.
(b) Each electronic dauber unit shall not allow a player to play more than sixty-six cards at one time.
(c) Each player shall not use more than one electronic dauber at any point in time. Provided, That a player can play an unlimited amount of disposable or hard bingo cards in addition to using one electronic dauber unit.
Reserving electronic bingo card daubers.
(d) Operators shall not reserve electronic daubers for any player. An operator must devise and disclose to players a scheme for assignment of dauber units to players during each session. Such schemes shall allow all players an equal opportunity to utilize the available dauber units. If a drawing is used to assign dauber units to players, the operator shall ensure that each player participating in the drawing has an equal chance to win: Provided, That operators that offer electronic dauber units shall reserve at least one device for players with disabilities that would restrict their ability to mark cards and such disabilities are consistent with definitions set forth in the Americans with Disabilities Act (ADA). If there are no requests for use of this unit prior to fifteen minutes before the scheduled start of the session, it may be made available for use by any players;
(e) If operators charge players a fee for use of the electronic daubers, such fees must be a flat fee and shall not be based on the number or dollar value of cards purchased. Rental fees shall be considered bingo receipts for purposes of WAC 230-12-020: Provided, That players with disabilities that would restrict their ability to mark cards and such disabilities are consistent with the ADA shall not be required to pay a rental fee or to comply with minimum purchase requirements imposed on all players utilizing electronic daubers. Such players are required to comply with any minimum purchase requirement imposed on all players by an operator;
(f) Each player utilizing an electronic dauber must have in their possession cards that meet all requirements of WAC 230-20-240 and 230-20-106. Electronic images of cards or faces stored in such devices are for player convenience only and are not bingo cards for purposes of this title;
Leasing by an operator.
(g) If the electronic daubers are leased to an operator, the lease cannot be based in whole or part on the amount of bingo card sales or rental income derived from such devices. Except that fees may be based on the number of cards sold to a device only for player selection games as described in WAC 230-20-241; and
Discounts and marketing schemes.
(h) The use of electronic daubers is prohibited when a licensee utilizes any marketing scheme for cards that results in a decrease in the per unit price of each card as the number of cards purchased increases: Provided, That a single discount level is authorized for each type of card sold if:
(i) The licensee has a minimum purchase requirement;
(ii) The discount applies to all additional cards purchased; and
(iii) "All you can play" schemes are prohibited;
(3) Electronic bingo card daubers must meet the following standards:
(a) Be manufactured by licensed manufacturers;
(b) Be sold, leased, and serviced by licensed distributors or manufacturers: Provided, That operators may perform routine maintenance on devices under their control;
(c) Not be capable of accessing the electronic computer system in any manner that would allow modification of the program which operates and controls the dauber units or the cards stored in the electronic data base; and
(d) Be capable of complying with applicable requirements of WAC 230-20-106.
[Statutory Authority: RCW 9.46.070. 02-06-006 (Order 409), § 230-20-244, filed 2/22/02, effective 7/1/02; 00-07-140 (Order 381), § 230-20-244, filed 3/22/00, effective 7/1/00; 94-17-090 (Order 255), § 230-20-244, filed 8/16/94, effective 9/16/94.]