WSR 16-09-045
[Order 719—Filed April 15, 2016, 9:56 a.m., effective July 15, 2016]
Effective Date of Rule: July 15, 2016, except for WAC 230-13-080 which will have an effective date of May 16, 2016.
Purpose: At their April 2016 meeting, the commissioners adopted rules for amusement games. Rules define merchandise prizes for amusement games. Merchandise prize means noncash prizes, including toys, novelties, retail items, food and beverages. Gambling activities, gift certificates and gift cards do not constitute merchandise prizes. No cash prizes can be awarded and no replays are allowed. The number of group 12 amusement games a licensee may have in their licensed premises was limited to twenty for charitable and nonprofit licensees and ten for commercial licensees. This rules package codifies current practice of allowing tickets or tokens awarded as prizes to be put onto a card. These tokens or tickets cannot be replayed.
Citation of Existing Rules Affected by this Order: Amending WAC 230-13-005, 230-13-130 and 230-13-080; and repealing WAC 230-13-140.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0201.
Adopted under notice filed as WSR 16-04-053 on January 28, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 1.
Date Adopted: April 15, 2016.
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-15-063, filed 7/10/15, effective 8/10/15)
WAC 230-13-005 Amusement games authorized.
(1) We authorize the approved groups of amusement games set forth in this chapter. Operators must only operate amusement games that meet the standards of at least one of the authorized groups.
(2) Commercial businesses or nonprofit or charitable organizations may apply for licenses for amusement games.
(3) Charitable or nonprofit organizations also may conduct group 1 through 11 amusement games without a license when authorized to do so under RCW 9.46.0321 and 9.46.0331.
(4) Operators must operate amusement games as either:
(a) An attended amusement game.
(i) An "attended amusement game" means an amusement game that requires the presence or assistance of a person (attendant) in the regular operation of the game; and
(ii) These games must award a merchandise prize to players if players achieve the objective with one cost of play; and
(iii) An attendant accepts cash, check, tickets or scrip to play the amusement game. The tickets and scrip are not redeemable for cash and must show the name of the operator or sponsor; or
(b) A coin or token activated amusement game.
(i) A "coin or token activated amusement game" means an amusement game that uses a mechanical, electronic, or electro-mechanical machine to allow the player to activate the game by inserting coins ((or)), cash, tokens, or tokens on an electronic token card; and
(ii) These games may dispense merchandise prizes, or coupons, tickets, ((or)) tokens, or tokens onto an electronic token card redeemable for merchandise prizes.
(5) Amusement games must not:
(a) Award additional plays as prizes; or
(b) Allow coupons, tickets, tokens or tokens on electronic token cards that are awarded to be replayed; or
(c) Result in any cash payment being awarded.
(6) Amusement games must only award merchandise prizes.
(a) Merchandise prizes mean noncash prizes including toys, novelties, retail items such as electronic goods, clothing, accessories, as well as food, beverages and other items sold by the operator as a normal part of their business in compliance with all other state laws and regulations, except as provided in (b) of this subsection.
(b) Pull-tabs and other gambling activities, gift certificates or gift cards do not constitute merchandise prizes.
(7) Electronic token card means a card issued by the operator that stores purchased credits available to play the amusement game separate from the coupons, tickets, or tokens awarded or dispensed as prizes from the play of the amusement game. Coupons, tickets, or tokens awarded as prizes cannot be used to play amusement games and must only be redeemed for merchandise prizes.
AMENDATORY SECTION (Amending WSR 09-15-067, filed 7/13/09, effective 8/13/09)
WAC 230-13-080 Operating coin or token activated amusement games.
(1) Coin or token activated amusement games must have nonresetting coin-in meters, certified as accurate to within plus or minus one coin or token in one thousand plays, which stop play of the machine if the meter is removed or disconnected when operating at:
(a) Amusement parks; or
(b) Regional shopping malls; or
(c) Movie theaters; or
(d) Bowling alleys; or
(e) Miniature golf course facilities; or
(f) Skating facilities; or
(g) Family sports complexes.
(i) A "family sports complex" is a facility, at a permanent location, to which people go to play sports. A family sports complex must offer multiple sports activities, such as indoor soccer, outdoor soccer, lacrosse, baseball, Frisbee, and lawn bowling and the gross receipts must be primarily from these sports activities.
(ii) A family sports complex does not include a facility owned or operated by a school or school district; or
(h) Amusement centers; or
(i) Restaurants; or
(j) Grocery or department stores. A "department or grocery store" means a business that offers the retail sale of a full line of clothing, accessories, and household goods, or a full line of dry grocery, canned goods, or nonfood items plus some perishable items, or a combination of these. A department or grocery store must have more than ten thousand square feet of retail and support space, not including the parking areas.
(2) All coin or token activated amusement games must have a coin acceptor capable of taking money for one play and may have an additional acceptor to include paper money.
(3) Operators using amusement games that do not return change must have a change-making bill acceptor or the ability to get change in the immediate vicinity of such games. All amusement games using paper money acceptors must either:
(a) Return change; or
(b) Clearly disclose to players before play that change is not returned and disclose to them where at the location they may get change.
(4) The maximum number of group 12 amusement games a licensee may have in their licensed premises is limited to:
(a) Twenty games for charitable and nonprofit licensees; and
(b) Ten games for commercial licensees.
AMENDATORY SECTION (Amending WSR 07-15-064, filed 7/16/07, effective 1/1/08)
WAC 230-13-130 Display and exchange of amusement game prizes.
(1) Amusement game operators must prominently display a sample of each type of prize available.
(2) Operators must only award prizes that are posted. However, after a player has won two or more prizes, operators may offer that player the opportunity to exchange those prizes for one or more other prizes, but only if that prize was on display during the play of the game.
(3) Operators must not allow winners to forfeit previously won prize(s) in exchange for another play.
(4) Operators may give winners tickets, coupons, tokens, or tokens stored on an electronic token card, which winners may combine with other tickets, coupons, tokens, or tokens on electronic token cards won and redeem for a merchandise prize.
The following section of the Washington Administrative Code is repealed:
WAC 230-13-140
Price to play amusement games must be paid in cash or check.