WSR 12-15-040

PROPOSED RULES

GAMBLING COMMISSION


[ Filed July 13, 2012, 11:02 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-11-041.

Title of Rule and Other Identifying Information: WAC 230-06-020 Restrictions on alcohol as prizes.

Hearing Location(s): Grand Mound Great Wolf Lodge, 20500 Old Highway 99 S.W., Grand Mound, WA 98531, (360) 254-3100, on September 13 or 14, 2012, at 9:00 a.m. or 1:00 p.m. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.

Date of Intended Adoption: September 13 or 14, 2012. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.

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 September 1, 2012.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by September 1, 2012, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: During the 2012 legislative session, SB 6465 passed amending RCW 9.46.0315 to allow members-only raffles to exceed $5,000 in yearly gross revenue, if the charitable or nonprofit organization obtains a raffle license. The law became effective June 7, 2012.

Reasons Supporting Proposal: This rule change is needed to update gambling rules to match state law.

Statutory Authority for Adoption: RCW 9.46.070, 9.46.0315.

Statute Being Implemented: Not applicable.

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: 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 was not prepared because the rule change would not impose additional costs on any 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.

July 13, 2012

Susan Arland

Rules Coordinator

OTS-4873.1


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

WAC 230-06-020   Restrictions on alcohol as prizes.   Licensees must not offer or award beverages that contain alcohol as a prize or in place of a prize for any gambling activity except:

(1) Dice or coin contests for music, food, or beverage payment as authorized by RCW 9.46.0305; and

(2) ((Unlicensed)) Members-only raffles authorized by RCW 9.46.0315, but only if the liquor control board granted the appropriate permit; and

(3) Other gambling activities where the liquor control board has authorized alcohol as a prize.

[Statutory Authority: RCW 9.46.070. 06-17-132 (Order 601), 230-06-020, filed 8/22/06, effective 1/1/08.]

Washington State Code Reviser's Office