WSR 08-11-049



[ Filed May 15, 2008, 11:27 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-05-038.

Title of Rule and Other Identifying Information: WAC 230-06-030 Restrictions and conditions for gambling promotions.

Hearing Location(s): The Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662, (360) 254-3100, on July 11, 2008, at 9:30 a.m.

Date of Intended Adoption: July 11, 2008.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by July 1, 2008.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by July 1, 2008, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Monty Harmon, a gambling service supplier licensee, submitted a petition for rule change. The petitioner originally requested the following rule amendments to:

1. Increase the value of a promotional item operators can give their customers from five hundred dollars to five thousand dollars; and

2. Allow licensees to provide additional entries into promotional contests of chance based on a player's time spent gambling and/or a player's betting levels.

At their April 2008 meeting, the commission filed an alternative to increase the limit on gambling promotional items from $500 to $5,000. The alternative did not include the petitioner's request to combine gambling promotions with promotional contests of chance.

At their May meeting, the commission filed Mr. Harmon's alternative which would remove all dollar limits on gambling promotional items.

Statutory Authority for Adoption: RCW 9.46.070.

Statute Being Implemented: Not applicable.

Name of Proponent: Monty Harmon, licensed gambling service supplier, private.

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: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

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 because the change would not impose additional costs on businesses.

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.

April 18, 2008

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 601, filed 8/22/06, effective 1/1/08)

WAC 230-06-030   Restrictions and conditions for gambling promotions.   Licensees may conduct gambling promotions to encourage players to participate in a gambling activity, but you must follow these restrictions and conditions:

(1) ((Promotional items must not exceed five hundred dollars each; and

(2))) You must give all players an equal opportunity to participate; and

(((3))) (2) You must establish standards to determine how you will give promotional items to players. You must not give the items based on an element of chance, such as a drawing or spinning wheel, unless you are doing so as part of a bingo game; and

(((4))) (3) You must not give another chance to participate in a gambling activity as a promotional item; and

(((5))) (4) You must display all rules or restrictions clearly in the gambling area and include them on promotional materials or advertisements; and

(((6))) (5) You must not combine gambling activities and related gambling promotions in any way with a promotional contest of chance as defined in RCW 9.46.0356.

[Statutory Authority: RCW 9.46.070. 06-17-132 (Order 601), 230-06-030, filed 8/22/06, effective 1/1/08.]

Washington State Code Reviser's Office