Date of Adoption: October 13, 2000.
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 contests of chance so that they are consistent with the law.
Citation of Existing Rules Affected by this Order: Repealing WAC 230-46-020; and amending WAC 230-46-010, 230-46-025, and 230-46-070.
Statutory Authority for Adoption: RCW 9.46.070
Adopted under notice filed as WSR 00-18-088 on September 5, 2000, with a publication date of September 20, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.
October 16, 2000
AMENDATORY SECTION(Amending WSR 95-12-051, filed 6/2/95, effective 7/3/95)
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
[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The following section of the Washington Administrative Code is repealed:
AMENDATORY SECTION(Amending WSR 90-13-022, filed 6/11/90, effective 7/31/90)
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 ((
[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)
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:
The promotional game cards)) Are readily
distinguishable from any specific pull-tab series or pull-tab
type used within the state of Washington;
The promotional game cards)) Are designed and
manufactured for a specific and unique promotional contest of
The promotional game cards)) Clearly display the name
of the sponsoring business or the name of the product(s) being
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 pull-tab 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.]