Manufacturers must make all flares. Operators or distributors must not alter flares, except that substitute flares are allowed if:
(1) The manufacturer, distributor, or operator who changes the original flare and attaches the substitute flare is responsible for ensuring that the substitute flare meets all other requirements for flares; and
(2) Manufacturers, distributors, or operators must permanently deface the original manufacturer's flare and attach the substitute flare to the original.
(3) Distributors or operators may apply manufacturer-produced substitute flares to punch boards and pull-tab series; and
(4) Distributors or operators must place substitute flares only on the upper face or the top of the punch board; and
(5) If distributors or operators convert flares from cash-only prizes to combined merchandise and cash prizes, they must offer at least fifty percent of the total value of the prizes in merchandise; and
(6) Distributors or operators may use substitute flares on punch boards and pull-tab series which offer merchandise or combination merchandise-cash prizes. These flares must use numbers, not symbols, to denote winners. Distributors or operators making substitute flares must:
(a) Select winning numbers from the manufacturer's original flare, or from the manufacturer's designated winning numbers on the punch board; and
(b) Assign the highest valued prize(s) to the lowest available winning number(s); and
(c) Assign the second highest valued prize(s) to the next lowest available winning number(s) and repeat that pattern until they have assigned all prizes based on their value to winning numbers. Distributors may select winning numbers sequentially from the manufacturer's original flare; and
(7) Substitute flares must have the I.D. stamp number and series number permanently recorded in ink on its face.
[Statutory Authority: RCW
9.46.070. WSR 07-21-116 (Order 617), § 230-14-075, filed 10/22/07, effective 1/1/08; WSR 07-17-058 (Order 614), § 230-14-075, filed 8/10/07, effective 1/1/08.]