WSR 98-08-065
PROPOSED RULES
LOTTERY COMMISSION
[Filed March 30, 1998, 3:34 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-24-077
Title of Rule: WAC 315-04-180 Obligations of lottery retailers
Purpose: Amends WAC 315-04-180 (2)(b) to make the $25 fee for lost or stolen tickets optional
Statutory Authority for Adoption: RCW 67.70.040
Statute Being Implemented: RCW 67.70.040
Summary: See Purpose above
Reasons Supporting Proposal: See Explanation of Rule below
Name of Agency Personnel Responsible for Drafting: Mary Jane Ferguson, Rules Coordinator, Olympia, (360) 753-1947; Implementation and Enforcement: Merritt D. Long, Director, Olympia, (360) 753-3330
Name of Proponent: Washington State Lottery Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 315-04-180(2) describes the retailer's responsibilities upon accepting a pack of instant tickets
Proposal Changes the Following Existing Rules: Makes the fee charged to retailers when they report lost or stolen tickets optional
No small business economic impact statement has been prepared under chapter 19.85 RCW. The lottery has considered whether these rules are subject to the Regulatory Fairness Act, chapter 19.85 RCW, and has determined that they are not for the following reasons: (1) The rules have no economic impact on business' cost of equipment, supplies, labor or administrative costs. The rules are designed to establish rules and procedures for the playing of instant lottery games; and (2) the rules will have a negligible impact, if any, on business because they are interpretive. They have been promulgated for the purpose of stating policy, procedure and practice and do not include requirements for forms, fees, appearances or other actions by business.
RCW 34.05.328 does not apply to this rule adoption. Said section does not apply to these proposed rules because they are not proposed by one of the listed agencies. As the rules are merely interpretive, the lottery does not voluntarily apply this section.
Hearing Location: Washington State Lottery, 5936 Corson Avenue South, Suite 106, Seattle, WA 98108, on May 15, 1998, at 10:00 a.m
Assistance for Persons with Disabilities: Contact Mary Jane Ferguson by May 6, 1998, (360) 753-1947
Submit Written Comments to: Mary Jane Ferguson, Lottery, FAX (360) 586-6586, by May 14, 1998
Date of Intended Adoption: May 15, 1998
March 30, 1998
Mary Jane Ferguson
Rules Coordinator
OTS-2107.1
AMENDATORY SECTION (Amending WSR 94-11-027, filed 5/6/94, effective 6/6/94)
WAC 315-04-180 Obligations of lottery retailers. (1)(a) The method of accounting for a retailer's payment to the director for instant ticket packs received prior to the lottery's instant ticket accounting system (ITAS) being fully operational shall be governed by Title 315 WAC and other applicable law as it was in effect prior to March 2, 1994.
(b) The method of accounting for a retailer's payment to the director for instant ticket packs received on or after the day ITAS becomes fully operational shall be governed by Title 315 WAC and other applicable law as it was in effect on the day of ITAS' becoming fully operational.
(c) It is the intent of the Washington state lottery commission that those repeals and amendments filed with the state of Washington office of the code reviser to take effect no earlier than February 9, 1994, shall take effect when ITAS is fully operational.
(d) The instant ticket accounting system referred to above became fully operational on March 2, 1994.
(2)(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 ((shall)) 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. Retailers shall be charged twenty-five dollars for each pack or portion thereof which was not returned to the director and not activated in accordance with this section.
(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 no later than twenty calendar days after the pack has been placed in activated status. 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.
(3) Each lottery retailer shall abide by the law, these rules and all other directives or instructions issued by the director.
(4) 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.
(5) 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.
(6) 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.
(7) All books and records pertaining to the lottery retailer's lottery activities shall be subject to seizure by the director without prior notice.
(8) 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 and the lottery retailer shall remove any advertising forthwith if requested by the director.
[Statutory Authority: RCW 67.70.040. 94-11-027, § 315-04-180, filed 5/6/94, effective 6/6/94; 94-03-020, § 315-04-180, filed 1/7/94, effective, see (1) of this section; 86-01-060 (Order 83), § 315-04-180, filed 12/16/85; 84-05-008 (Order 51), § 315-04-180, filed 2/7/84; 83-19-019 (Order 36), § 315-04-180, filed 9/12/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-037 (Order 2), § 315-04-180, filed 10/15/82.]