WSR 14-03-097 PROPOSED RULES GAMBLING COMMISSION [Filed January 17, 2014, 11:09 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-19-073 [13-24-081].
Title of Rule and Other Identifying Information: WAC 230-14-110 Recording winners and 230-14-265 Retention requirements for punch boards and pull-tab series.
Hearing Location(s): Comfort Inn Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 352-0691, on March 20 or 21, 2014, 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: March 20 or 21, 2014.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan.Newer@wsgc.wa.gov, fax (360) 486-3625, by March 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by March 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Steve Berven, owner and operator of four commercial businesses operating pull-tabs, has submitted a petition for rule change. This rule requires operators to record winner information (the winner's name, date of birth, employee's initials and date) when punch board or pull-tab players win more than $20 in cash or win a merchandise prize with a retail value over $20. The petitioner is requesting to increase the threshold for recording winner identification information from more than $20 to more than $50 and to increase the threshold for retaining winning tickets from over $20 to over $50.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.110.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Steve Berven, owner and operator of four commercial businesses operating pull-tabs, public.
Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; 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. Changing this requirement would reduce the expense of regulatory requirements on 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 17, 2014
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-17-058, filed 8/10/07, effective 1/1/08)
WAC 230-14-110 Recording winners.
When punch board or pull-tab players win more than ((twenty)) fifty dollars or merchandise prizes with a retail value over ((twenty)) fifty dollars, operators must make a record by:
(1) Having winners print their name and date of birth, in ink, on the side of the winning punch or tab opposite the winning symbol(s) and verifying the winner's identity and recording the current date and initialing the winning punch or tab; or
(2) Recording the required information on a sheet of paper at least three inches by five inches and stapling the winning tab or punch to the paper if the pull-tab or punch is constructed or printed so that recording the information required in a legible manner is not possible.
AMENDATORY SECTION (Amending WSR 09-17-077, filed 8/14/09, effective 1/1/10)
WAC 230-14-265 Retention requirements for punch boards and pull-tab series.
(1) Punch board and pull-tab operators must keep all punch boards or pull-tab series removed from play, including, at least:
(a) All prize flares; and
(b) All unplayed tabs; and
(c) All winning punches or tabs.
(2) Operators must make the items in subsection (1) of this section available on the licensed premises for us, local law enforcement, or local tax agencies to inspect.
(3) If stored off premises, operators must produce the game for inspection on demand.
(4) Operators must retain punch board or pull-tab series removed from play for:
(a) Charitable or nonprofit operators - Four months following the last day of the month in which the board or series was removed from play; and
(b) Commercial operators -
(i) Two months following the last day of the month in which they removed the board or series from play; and
(ii) Three months following the day they removed the board or series from play for winning punches or pull-tabs over ((twenty)) fifty dollars. Operators must also retain the flare for these games; and
(c) Carry-over jackpot series - For four months after the last day of the month in which the carry-over jackpot was won; and
(d) Progressive pull-tab series - For one year. After the retention period, operators must destroy unsold progressive pull-tab series tabs in such a way that no one may find and use unopened winning tabs later; and
(e) Cumulative prize pool pull-tab games - for four months, following the last day of the month, in which the last seal is opened on the cumulative prize pull-tab game board.
|