WSR 00-21-068



[ Order 391 -- Filed October 16, 2000, 3:33 p.m. ]

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

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 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.]

Washington State Code Reviser's Office