WSR 00-18-088



[ Filed September 5, 2000, 12:57 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-15-047 with a published date of August 2, 2000.

Title of Rule: WAC 230-46-010 Purpose, 230-46-020 Definitions, 230-46-025 Telephone charges -- Valuable consideration, and 230-46-070 Punchboards/pull-tabs and pull-tab dispensing devices not to be used in promotional contests -- Exception.

Purpose: During the 2000 session, legislation (SSB 6373) passed regarding how promotional contests of chance may be conducted. Under the old law, RCW 9.46.0355, specific methods were listed as to what a participant may be required to do to enter a promotional contest of chance. The new law simplifies contest procedures by replacing specific entry requirements with basic guidelines. These amendments update the rules relating to contest of chance so that they are consistent with the law.

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 Silverdale Hotel, 3073 N.W. Bucklin Hill Road, Silverdale, WA 98383, on October 13, 2000, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by October 3, 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 October 3, 2000.

Date of Intended Adoption: October 13, 2000.

September 1, 2000

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending WSR 95-12-051, filed 6/2/95, effective 7/3/95)

WAC 230-46-010

The Washington state gambling commission deems it to be in the public interest to interpret RCW ((9.46.0355 so as)) 9.46.0356 to insure uniformity and fairness to all sponsors of ((said)) promotional contests of chance. ((It is further)) The purpose of these regulations is to notify all sponsors and their affiliates as to what types of promotional contests of chance are legal and not legal in the state of Washington.

[Statutory Authority: RCW 9.46.070. 95-12-051, 230-46-010, filed 6/2/95, effective 7/3/95. Statutory Authority: RCW 9.46.030(10) and 9.46.070 (14) and (20). 86-08-007 (Order 156), 230-46-010, filed 3/20/86. Statutory Authority: RCW 9.46.070 (3), (8) and (11). 85-09-040 (Order 149), 230-46-010, filed 4/15/85.]



     The following section of the Washington Administrative Code is repealed:
WAC 230-46-020 Definitions.


AMENDATORY SECTION(Amending WSR 90-13-022, filed 6/11/90, effective 7/31/90)

WAC 230-46-025
Telephone charges -- Valuable consideration.

Any participant required to place a telephone call as a means of entry for a promotional contest of chance, shall not be required to pay any additional charges over and above the actual cost for placing such a call as established by a registered telephone company. Any charges over and above the actual cost of placing the telephone call, such as those associated with a 1-900 number whereby an additional service fee or other charges may be levied, shall be deemed a valuable consideration and beyond the allowable methods of entry authorized by RCW ((9.46.0355)) 9.46.0356.

[Statutory Authority: RCW 9.46.0355 and [9.46.]070(14). 90-13-022, 230-46-025, filed 6/11/90, effective 7/31/90.]


AMENDATORY SECTION(Amending WSR 92-22-058, filed 10/29/92 effective 11/29/92)

WAC 230-46-070
Punch boards/pull-tabs and pull-tab dispensing devices not to be used in promotional contests -- Exception.

(1) Punch boards/pull-tabs and pull-tab dispensing devices may not be used as a part of any promotional contest of chance as authorized in RCW ((9.46.0355)) 9.46.0356. This prohibition shall not apply to promotional game cards which could otherwise qualify as pull-tabs when such game cards meet the following standards. The promotional game cards:

(a) ((The promotional game cards)) Are readily distinguishable from any specific pull-tab series or pull-tab type used within the state of Washington;

(b) ((The promotional game cards)) Are designed and manufactured for a specific and unique promotional contest of chance;

(c) ((The promotional game cards)) Clearly display the name of the sponsoring business or the name of the product(s) being promoted;

(d) ((The promotional game cards)) Do not or have never contained a price per play on the card; and

(e) Each have the official rules of play including the language "no purchase necessary" ((are)) printed on the back ((of each promotional game card)).

(2) Promotional game cards, punch boards/pull-tabs or dispensing devices found to be in violation of this prohibition shall be subject to immediate seizure pursuant to RCW 9.46.230.

[Statutory Authority: RCW 9.46.070. 92-22-058, 230-46-070, filed 10/29/92 effective 11/29/92. Statutory Authority: RCW 9.46.070 (11) and (14). 88-17-050 (Order 182), 230-46-070, filed 8/16/88.]

Washington State Code Reviser's Office