Purpose: Rule change enables an operator to remove a pull-tab game, which is being held for a customer, from display and replace it with a new pull-tab game. This enables an operator to offer more games for play to patrons.

Citation of Existing Rules Affected by this Order: Amending WAC 230-30-050.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 98-10-068 on May 1, 1998, with a publication date of May 20, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 1, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 1, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: January 1, 1999.

July 15, 1998

Susan Arland

Public Information Officer

AMENDATORY SECTION (Amending WSR 97-14-012, filed 6/20/97, effective 7/21/97)

WAC 230-30-050  Punch board and pull-tab operating restrictions and dispensing limitations. The following operating restrictions and dispensing limitations apply to punch boards and pull-tabs:

(1) No person under the age of eighteen years and no person visibly intoxicated or visibly under the influence of any narcotic, shall be allowed to play or sell any punch board or pull-tab series. It shall be the responsibility of both the licensee and the person physically operating the punch board or pull-tab series to determine and ensure that no unauthorized person is allowed to play or sell.

(2) No operator shall permit the display or operation of any punch board or pull-tab which may have in any manner been marked, defaced, tampered with or otherwise placed in a condition, or operated in a manner, which may deceive the public or which affects the chances of winning or losing upon the taking of any chance thereon.

(3) No punch board or pull-tab series shall be placed out for play unless it meets the requirements of WAC 230-30-080.

(4) Once placed out for play, a punch board or pull-tab series flare may not be modified or otherwise changed, except for the deletion of prizes as required by WAC 230-30-070.

(5) All records, reports and receipts relating to a punch board or pull-tab series in play must be retained on the licensed premises so long as the series or punch board is in play and be made available on demand to law enforcement officers and representatives of the commission.

(6) Pull-tab dispensing limitations:

(a) No pull-tab shall be added to a series of pull-tabs after that series has been shipped from its place of manufacture;

(b) All pull-tabs must be sold from a commission approved dispensing device or a transparent container. If sold from a transparent container, the pull-tabs must be visible to the players so that the players are able to estimate the number of chances remaining in the series;

(c) All pull-tabs in a series must be thoroughly mixed prior to being placed in a dispensing device or clear container and being offered for sale. Failure to mix may result in a minimum five-day suspension of license for each series not mixed;

(d) Licensees may assemble pull-tabs into bundles with a sales price of up to twenty dollars: Provided, That the bundles must be thoroughly mixed prior to sale to the public;

(e) No person shall put out any pull-tab series for play unless the series of pull-tabs is wholly contained within the device or container used for dispensing that series. In cases where a spindle is used, the series of pull-tabs may sit upon the device or container used for dispensing that series: Provided, That progressive jackpot pull-tab games, as authorized by WAC 230-30-025, may utilize more than one machine for a series;

(f) No pull-tab series, or any portion thereof, shall be placed in any pull-tab dispensing device or container until any other series of pull-tabs previously in the device or container has been played out or permanently removed from play: Provided, That in the use of a multiple series dispensing device, each series shall be played independently and in accordance with this provision;

(g) Once placed out for play, no pull-tab shall be removed from the dispensing device or container until it is sold or the series is permanently removed from play, except only:

(i) Those pull-tabs removed by commission representatives or other law enforcement agency inspecting the device; or

(ii) Those tabs temporarily removed during necessary repair or maintenance of the dispensing device or container; ((and)) or

(iii) Those pull-tab series that are being permanently held for a player. A series may be permanently held for a specific player who leaves the premises, but intends to return and play the series at a later date, under the following conditions:

(A) The player meets the criteria set forth in the operator's house rules. House rules shall be developed and posted in a manner that all players can observe. House rules shall be clear in meaning and shall contain the conditions and length of time a player can permanently hold a series;

(B) The series is wholly contained in a secure manner, clearly identified as a permanently held series, and stored in the immediate vicinity of the pull-tab area on the premises;

(C) Adequate accounting records shall be maintained showing the status of all held series;

(D) The series is not placed out for further public play once the specific player is finished playing it;

(E) The maximum time a player may permanently hold a series is seven days without play, not to exceed a total held time of fourteen days; and

(F) Operators may not have more than twenty-five series permanently held for players at one time.

(7) Any punch board or pull-tab series that is permanently removed from play shall not be placed out for further play under any circumstances: Provided, That boards or series may be temporarily removed from play for any of the following reasons and returned to normal play at a later time:

(a) Pull-tab series removed under authority of subsection (6)(g);

(b) To reserve a game for a specific player when:

(i) The licensee has established house rules for reserving games that include reasons or conditions for reserving such games and the maximum time for which a game may be reserved;

(ii) The house rules are clear in meaning and posted in a manner that players can observe; and

(iii) The board or series is clearly identified as reserved;

(c) A board or series is designated to be played during certain hours of the licensee's operation, such as "happy hour." Such games shall be clearly identified and house rules shall be posted regarding hours of play and/or other conditions affecting play.

[Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, § 230-30-050, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 (1)-(4), (7), (8), (11), (12), (14), (20) and 9.46.110 (3), (4). 95-23-109, § 230-30-050, filed 11/22/95, effective 1/1/96. Statutory Authority: RCW 9.46.070. 94-11-095 (Order 251), § 230-30-050, filed 5/17/94, effective 7/1/94. Statutory Authority: RCW 9.46.070 and chapter 34.05 RCW. 90-21-053, § 230-30-050, filed 10/15/90, effective 11/15/90. Statutory Authority: RCW 9.46.070 (4), (8), (11) and (14). 86-07-037 (Order 155), § 230-30-050, filed 3/14/86. Statutory Authority: RCW 9.46.020 (1) and (23) and 9.46.070(1). 85-11-023 (Order 150), § 230-30-050, filed 5/13/85. Statutory Authority: RCW 9.46.070(8). 81-21-033 (Order 114), § 230-30-050, filed 10/15/81; Order 5, § 230-30-050, filed 12/19/73.]