[Filed May 16, 2024, 1:19 p.m., effective June 16, 2024]

Effective Date of Rule: Thirty-one days after filing.

Purpose: This new rule enacts more explicit requirements related to licensees' duty to display problem gambling signage at all public entrances and exits to the gambling area of the business, in or near the gambling area(s), and in any areas where cash or electronic transfers of funds are available to patrons within the designated gambling area. The proposed rule would also require all advertising material to contain a responsible gambling message. Finally, the proposed rule would require a clear "opt-out" method on advertising materials that would allow patrons to unsubscribe from receiving future advertising, marketing, or promotional communications.

Citation of Rules Affected by this Order: New WAC 230-06-068.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 24-08-012 on March 21, 2024.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 16, 2024.

Legal Manager and Rules Coordinator

WAC 230-06-068Problem gambling signage and posting requirements.

(1) The commission will provide licensees with problem gambling, gambling disorder, and responsible gambling informational signs, which include a responsible gambling message and a toll-free helpline number for problem gambling and gambling disorders. The signs must be conspicuously posted: At all public entrances and exits to the gambling area of the business; in or near the gambling area(s); and in any areas where cash or electronic transfers of funds are available to patrons within the designated gambling area.

(2) All advertising materials must contain a responsible gambling message.

(a) Advertising is any notice or communication to the public of any information concerning the gambling-related business of the licensee through broadcasting, publication, or any other means of dissemination.

(b) For bingo licensees conducting bingo on more than three occasions per week, advertisements must follow RCW 9.46.072.

(c) The responsible gambling message must include, at a minimum, the statement "play responsibly" or similar language and the toll-free telephone helpline number for problem gambling and gambling disorders. Provided, an alternative to the responsible gambling message would be to contain the words "If you or someone you know has been harmed by gambling and wants help, call 1-800-GAMBLER."

(3) All direct advertising, marketing, or promotional materials must include a clear and conspicuous method allowing patrons to unsubscribe from future advertising, marketing, or promotional communications.

(4) This rule does not apply to major, mid-level, or ancillary sports wagering vendors.