WSR 10-09-032

PERMANENT RULES

GAMBLING COMMISSION


[ Order 667 -- Filed April 14, 2010, 10:27 a.m. , effective July 1, 2010 ]


Effective Date of Rule: July 1, 2010.

Purpose: Former WAC 230-30-070 stated:

"Punch board and pull-tab prizes shall be closely controlled to ensure players are not defrauded.

(1) All prizes from the operation of punch boards and pull-tabs shall be awarded in cash or in merchandise."

This language was inadvertently left out during the rules simplification project (RSP). This amendment restores the requirement that punch board and pull-tab operators are required to pay all pull-tab prizes in either cash or merchandise. Furthermore, based on discussions with licensees at the January 2010 commission meeting and the February 2010 study session, language was added to codify the long standing practice of allowing players to trade in winning pull-tabs for additional pull-tabs. See below for details.

Citation of Existing Rules Affected by this Order: Amending WAC 230-14-090.

Statutory Authority for Adoption: RCW 9.46.070 and 9.46.0273.

Adopted under notice filed as WSR 10-03-075 on January 19, 2010.

Changes Other than Editing from Proposed to Adopted Version: At the January 2010 commission meeting, several licensees testified they would like to see language added to the rule to incorporate the long standing practice of allowing players to "trade in” winning pull-tabs for additional pull-tabs. Staff added language to address this which was discussed at the February 11, 2010, study session. Based on comments at the February study session, language was amended and discussed at the March 12, 2010, commission meeting. Based on licensee comments at the March meeting, language was amended for the April 9, 2010, commission meeting. At the April commission meeting, language was adopted to codify this long standing agency practice of allowing players to trade in winning pull-tabs for additional pull-tabs.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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: April 13, 2010.

Susan Arland

Rules Coordinator

OTS-2940.5


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 as prizes. A player who has won a cash prize may make a request to the person redeeming the winning pull-tab that the player be given additional pull-tabs instead of cash. An operator may agree to such a request.

(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.]

Washington State Code Reviser's Office