WSR 16-10-043
[Filed April 28, 2016, 1:32 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-07-012.
Title of Rule and Other Identifying Information: WAC 315-04-180 Obligations of lottery retailers.
Hearing Location(s): Washington's Lottery, 814 4th Avenue, Olympia, WA 98506, on June 7, 2016, at 0900.
Date of Intended Adoption: June 7, 2016.
Submit Written Comments to: Jana Jones, P.O. Box 43000, Olympia, WA 98506, e-mail
Assistance for Persons with Disabilities: Contact Debbie Robinson by May 27, 2016, TTY (360) 586-0933 or (360) 664-4815.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The lottery commission wishes to update WAC 315-04-180 in order to maintain best practices regarding accounting procedures utilized in the lottery industry by allowing for an additional option in payment procedures based on retailer business type.
Statutory Authority for Adoption: RCW 67.70.040 (1), (3).
Statute Being Implemented: RCW 67.70.040.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state lottery commission, governmental.
Name of Agency Personnel Responsible for Drafting: Jana Jones, Washington's Lottery, (360) 664-4833; Implementation: Washington's Lottery; and Enforcement: Dan Devoe, Washington's Lottery, (360) 664-4742.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The only business allowed by law to sell lottery products are existing licensed lottery retailers.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed WAC changes do not give rise to a cost-benefit analysis.
April 28, 2016
Jana L. Jones
Director of
Legal Services
AMENDATORY SECTION (Amending WSR 07-11-154, filed 5/22/07, effective 6/22/07)
WAC 315-04-180 Obligations of lottery retailers.
(1)(a) Upon acceptance of a pack of instant tickets from the director, the retailer shall be responsible for the condition and security of the pack. The retailer shall hold the pack in its own safekeeping until it is ready to begin sale of the pack. Immediately prior to beginning sale, the retailer shall place the pack in "activated" status in the lottery's instant ticket accounting system (ITAS). Placement in activated status designates that the tickets in the pack may be sold, and prizes in the pack may be paid.
(b) In the event that instant tickets accepted by the retailer are lost, stolen or in any way unaccounted for prior to their being placed in activated status on ITAS, the retailer shall, upon discovery of their disappearance, immediately notify the director of each pack or portion of a pack so unaccounted for, lost or stolen. The retailer may be required to provide the director a police report or other evidence of the pack's disappearance. The retailer may be charged twenty-five dollars for each pack or portion of a pack unaccounted for, lost or stolen.
(c) A retailer may return an unopened pack, at no charge, to the director at any time prior to the pack having been placed in activated status. Within thirty days of the official end of an instant game, a retailer shall return to the director all packs never activated in that game.
(d) Upon placement of a pack in activated status, the retailer shall be liable to the director for payment for the pack, in the amount calculated under WAC 315-06-035. Payment for a pack shall be due to the director (1) no later than fifty calendar days after the pack has been placed in activated status or when eighty percent of the low tiered prizes have been validated, thereby validating the pack; or (2) payment for a pack shall be due to the director no later than twenty-one days after activation. The director shall not reimburse the retailer for any ticket losses which occur after activation of the pack from which the tickets came, except as allowed by WAC 315-04-210(2) or 315-06-190.
(e) Each lottery retailer and lottery license applicant shall sign and comply with a lottery instant retailer agreement. Failure to sign or to comply shall result in revocation or denial of a retailer's lottery license.
(2) Each lottery retailer shall abide by the law, these rules and all other directives or instructions issued by the director.
(3) Each lottery retailer grants to the director an irrevocable license to enter upon the premises of the lottery retailer in which tickets may be sold or any other location under the control of the lottery retailer where the director may have good cause to believe lottery materials and/or tickets are stored or kept in order to inspect said lottery materials and/or tickets and the licensed premises.
(4) All property given, except tickets, to a lottery retailer remains the property of the director, and, upon demand, the lottery retailer agrees to deliver forthwith the same to the director.
(5) All books and records pertaining to the lottery retailer's lottery activities shall be made available for inspection and copying, during the normal business hours of the lottery retailer and between 8:00 a.m. and 5:00 p.m., Monday through Friday, upon demand by the director.
(6) All books and records pertaining to the lottery retailer's lottery activities shall be subject to seizure by the director without prior notice.
(7) No lottery retailer shall advertise or otherwise display advertising in any part of the lottery retailer's premises as a licensed location which may be considered derogatory or adverse to the operations or dignity of the lottery.