PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-07-125 with a published date of April 5, 2000.
Title of Rule: New section WAC 230-12-074 Sales on license premises only -- Exceptions.
Purpose: A charitable organization will be leasing part of its bingo premises to a commercial card room, which plans to operate house-banked card games. The charitable organization would like to be able to sell pull-tabs to the card room patrons. The charitable organization's gambling activities will be physically separate from the card room activities. This rule sets forth the criteria for charitable and nonprofit organizations to sell punch board/pull-tabs to patrons of a card room adjoining their premises.
Statutory Authority for Adoption: RCW 9.46.070.
Summary: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Sherri Winslow, Lacey, (360) 438-7654 ext. 301.
Name of Proponent: Staff, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.
Hearing Location: West Coast Bellevue Hotel, 625 116th Avenue N.E., Bellevue, WA 98004, (425) 455-9444, on July 14, 2000, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Shirley Corbett by July 1, 2000, TDD (360) 438-7638, or (360) 438-7654 ext. 302.
Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, Washington 98504-2400, fax (360) 438-8652, by July 1, 2000.
Date of Intended Adoption: July 14, 2000.
May 19, 2000
Susan Arland
Rules Coordinator
OTS-3980.1
NEW SECTION
WAC 230-12-074
Sales on licensed premises only -- Exceptions.
(1) All gambling activities must be under the complete control of the licensed operator and conducted on the premises set forth in the license application as approved by the commission, with the following exceptions:
(a) Raffle ticket sales; and
(b) Amusement games operated on a Class A licensed premises.
(2) A bona fide charitable or nonprofit organization licensed to conduct bingo and punch board/pull-tab games may sell punch boards/pull-tabs to customers of a licensed card room provided that the following conditions are met:
(a) The premises of the nonprofit licensee and the card room licensee share a common wall;
(b) Any door, counter or window allowing customer access through the common wall between the two premises is under the control of the nonprofit licensee and must be capable of being securely closed and locked;
(c) All punch board/pull-tab games shall be maintained and sold only on the premises of the nonprofit licensee, however, pull-tab players may take purchased punch boards/pull-tabs into the card room area;
(d) Punch board/pull-tab sales shall only be conducted by employees of the bingo/punch board/pull-tab licensee; and
(e) Signs shall conspicuously be posted at the door, window or counter separating the two premises clearly notifying the customers of the identity of the licensee selling the punch board/pull-tabs.
(3) A licensed operator shall not be deemed to have violated this rule solely because the pull-tab players may take pull-tabs from the licensee's premises, if the pull-tabs are selected and purchased and prizes determined and paid on the licensed operator's premises.
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