Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-22-073.

     Title of Rule and Other Identifying Information: Amending WAC 230-14-090 Controlling prizes, punchboard and pull-tabs.

     Hearing Location(s): Lacey Community Center, 6729 Pacific Avenue S.E., Lacey, WA 98503, (360) 491-0857, on March 12, 2010, at 9:00 a.m.

     Date of Intended Adoption: March 12, 2010.

     Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail SusanA@wsgc.wa.gov, fax (360) 486-3625, by February 22, 2010.

     Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by February 22, 2010, TTY (360) 486-3637 or (360) 486-3453.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Punch board and pull-tab operators have always been required to award pull-tab prizes in either cash or merchandise. This specific language in former WAC 230-30-070 was inadvertently left out of WAC 230-14-090 during our rules simplification project.

     This proposed rule change does not create any new requirements or operational changes for punch board and pull-tab operators.

     Reasons Supporting Proposal: See above.

     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: Michelle M. Pardee, Lacey, (360) 486-3465; 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. Pursuant to RCW 19.85.025 and 34.05.320, a small business economic impact statement has not been prepared because the proposed rule change would not impose costs on the licensees.

     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.

January 15, 2010

Michelle M. Pardee

Acting Rules Coordinator

OTS-2940.1

AMENDATORY SECTION(Amending Order 614, filed 8/10/07, effective 1/1/08)

WAC 230-14-090   Controlling prizes.   Punch board and pull-tab operators must:

     (1) Protect players from fraud and game manipulation.

     (2) Award all prizes won.

     (3) Only award cash or merchandise prizes.

     (4) Not offer to pay cash instead of merchandise prizes.

     (((4))) (5) Not award additional punches or tabs as a prize. Prizes, however, may involve the opportunity to advance and win a larger prize on the same punch board or pull-tab series. Operators must award an immediate additional opportunity to advance called a bonus prize when offered in a bonus pull-tab series or a step-up prize when offered on a punch board.

[Statutory Authority: RCW 9.46.070. 07-17-058 (Order 614), § 230-14-090, filed 8/10/07, effective 1/1/08.]

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