WSR 10-11-086

PERMANENT RULES

GAMBLING COMMISSION


[ Order 668 -- Filed May 17, 2010, 1:40 p.m. , effective July 1, 2010 ]


Effective Date of Rule: July 1, 2010.

Purpose: This rule change provides quidelines [guidelines] for raffle licensees to follow if their organization requests approval to offer raffle prizes exceeding forty thousand dollars per prize or eighty thousand dollars annually. Raffle licensees who request approval to exceed the prize limits would be required to submit a detailed plan, including a plan to include the goals for the raffle, an overview of the licensee's mission, vision and type of programs supported by the licensee; specific details of the raffle (date of drawing, cost of raffle tickets, prizes available, security of prizes, plans for selling raffle tickets, and description of how the licensee will ensure the integrity of the raffle); an explanation of how the proceeds will be used; a plan to protect the licensee in the event of low ticket sales or other risks; an explanation of how the licensee will purchase prizes for the raffle; and a projected budget.

Citation of Existing Rules Affected by this Order: Amending WAC 230-11-065; and new section WAC 230-11-067.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 10-07-069 on March 16, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

Date Adopted: May 17, 2010.

Susan Arland

Rules Coordinator

OTS-3077.1


AMENDATORY SECTION(Amending Order 602, filed 9/26/06, effective 1/1/08)

WAC 230-11-065   ((Own prizes for raffles before drawing date.)) Raffle prizes.   (1) Organizations must own the prizes offered to winners before the date of the drawing. However, if the winner has an option to receive a cash prize instead of the merchandise, the organization may enter into a contract to purchase the merchandise prize after the winner chooses his or her option. The organization must have the funds to make the purchase on account before the date of the drawing.

(2) At the time and date of any raffle drawing, the organization must have on deposit an unencumbered amount of money that is equal to or greater than all cash prizes being offered in the raffle. The organization must have these funds deposited in the gambling receipts account, if required, or in a recognized Washington state depository authorized to receive funds. The organization must not reduce the balance of funds available from this account below the required amount before awarding the prize(s).

(3) Raffle prizes must:

(a) Be available at the time and place of the drawing; and

(b) If cash, be United States currency or an equivalent amount of negotiable instruments; and

(c) For licensees, not exceed forty thousand dollars per prize or eighty thousand dollars in total raffle prizes in a license year((. The commissioners may vote to permit licensees to exceed these limits on specific occasions if the licensees show good cause in writing)), except as authorized in WAC 230-11-067.

[Statutory Authority: RCW 9.46.070. 06-20-040 (Order 602), 230-11-065, filed 9/26/06, effective 1/1/08.]

OTS-3070.3


NEW SECTION
WAC 230-11-067   Requesting approval to offer raffle prizes exceeding forty thousand dollars per prize or eighty thousand dollars annually.   The commissioners may vote to approve a licensee to exceed raffle prize limits on specific occasions if a licensee shows good cause in writing.

The licensee must submit a raffle plan to us that includes at least the following information:

(1) The organization's goals for conducting the raffle; and

(2) A brief overview of the licensee's mission and vision including the type of programs supported by the licensee and clients served; and

(3) Specific details of the raffle rules including:

(a) Date of the drawing; and

(b) Cost of raffle tickets; and

(c) Prizes available; and

(d) Security of prizes; and

(e) Plans for selling raffle tickets; and

(f) Description of how the licensee protects the integrity of the raffle; and

(4) An explanation of how the proceeds from the raffle will be used; and

(5) A plan to protect the licensee in the event of low ticket sales and other risks; and

(6) An explanation of how the licensee will purchase the prize(s) for the raffle; and

(7) A projected budget including:

(a) Estimated gross gambling receipts, expenses, and net income for the raffle; and

(b) Minimum number of projected ticket sales to break even; and

(c) Corresponding sales and prize levels with projected revenues and expenses for each level; and

(d) Minimum and maximum prizes available; and

(8) Any other information that we request or any information the licensee wishes to submit.

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Washington State Code Reviser's Office