Preproposal statement of inquiry was filed as WSR 98-08-043 on March 25, 1998.

Title of Rule: Punchboard and pull tab operation, WAC 230-30-050.

Purpose: Rule change will enable a pull tab operator to remove a pull tab game, which is being held for a customer, from display and replace it with a new pull tab game. This enables the operator to offer more games for play to patrons.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Reasons Supporting Proposal: According to Washington Gaming Consultants, pull tab customers want as many choices as possible when selecting a game to play. Requiring hold games to be on display means a narrower selection, given the operator's space limitations. By using space that is not at a premium (under the counter) to store games that are held, the licensee is able to maximize their selection of open games.

Name of Agency Personnel Responsible for Drafting: Soojin Kim, Lacey, (360) 438-7654 ext. 310; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Carrie Tellefson, Lacey, (360) 438-7636.

Name of Proponent: Washington Gaming Consultants, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Purpose and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: Maple Hall Convention Center, 104 Commercial Street, La Conner, WA 98257, (360) 466-3101, on June 12, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Susan Green by June 1, 1997 [1998], TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Soojin Kim, Mailstop 42400, Olympia, Washington 98504-2400, FAX (360) 438-8652, by May 31, 1998.

Date of Intended Adoption: June 12, 1998.

Soojin Kim

Rules and Policy Coordinator

AMENDATORY SECTION (Amending WSR 97-14-012, filed 6/20/97, effective 7/21/97)

WAC 230-30-050  Punchboard and pull tab operating restrictions and dispensing limitations. The following operating restrictions and dispensing limitations apply to punchboards and pull tabs:

(1) No person under the age of eighteen years and no person visibly intoxicated or visibly under the influence of any narcotic, shall be allowed to play or sell any punchboard or pull tab series. It shall be the responsibility of both the licensee and the person physically operating the punchboard or pull tab series to determine and ensure that no unauthorized person is allowed to play or sell.

(2) No operator shall permit the display or operation of any punchboard or pull tab which may have in any manner been marked, defaced, tampered with or otherwise placed in a condition, or operated in a manner, which may deceive the public or which affects the chances of winning or losing upon the taking of any chance thereon.

(3) No punchboard or pull tab series shall be placed out for play unless it meets the requirements of WAC 230-30-080.

(4) Once placed out for play, a punchboard or pull tab series flare may not be modified or otherwise changed, except for the deletion of prizes as required by WAC 230-30-070.

(5) All records, reports and receipts relating to a punchboard or pull tab series in play must be retained on the licensed premises so long as the series or punchboard is in play and be made available on demand to law enforcement officers and representatives of the commission.

(6) Pull tab dispensing limitations:

(a) No pull tab shall be added to a series of pull tabs after that series has been shipped from its place of manufacture;

(b) All pull tabs must be sold from a commission approved dispensing device or a transparent container. If sold from a transparent container, the pull tabs must be visible to the players so that the players are able to estimate the number of chances remaining in the series;

(c) All pull tabs in a series must be thoroughly mixed prior to being placed in a dispensing device or clear container and being offered for sale. Failure to mix may result in a minimum five-day suspension of license for each series not mixed;

(d) Licensees may assemble pull tabs into bundles with a sales price of up to twenty dollars: Provided, That the bundles must be thoroughly mixed prior to sale to the public;

(e) No person shall put out any pull tab series for play unless the series of pull tabs is wholly contained within the device or container used for dispensing that series. In cases where a spindle is used, the series of pull tabs may sit upon the device or container used for dispensing that series: Provided, That progressive jackpot pull tab games, as authorized by WAC 230-30-025, may utilize more than one machine for a series;

(f) No pull tab series, or any portion thereof, shall be placed in any pull tab dispensing device or container until any other series of pull tabs previously in the device or container has been played out or permanently removed from play: Provided, That in the use of a multiple series dispensing device, each series shall be played independently and in accordance with this provision;

(g) Once placed out for play, no pull tab shall be removed from the dispensing device or container until it is sold or the series is permanently removed from play, except only:

(i) Those pull tabs removed by commission representatives or other law enforcement agency inspecting the device; or

(ii) Those tabs temporarily removed during necessary repair or maintenance of the dispensing device or container; and

(iii) Those pull tab games put on hold for a specific player: A held pull tab game is a game removed from public play for a specific player who leaves the premises but intends to return and play that game at a later date: Provided, That the game is clearly identified as held and daily accounting records are maintained showing the status of all held games. Held games must be stored in the immediate vicinity of the pull tab area: Provided, That a held game cannot be kept for the player more than seven days without play and cannot be returned to normal play: Provided further, That the licensee shall establish house rules as required under subsection (7)(b)(i) and (b)(ii) of this section.

(7) Any punchboard or pull tab series that is permanently removed from play shall not be placed out for further play under any circumstances: Provided, That boards or series may be temporarily removed from play for any of the following reasons and returned to normal play at a later time:

(a) Pull tab series removed under authority of subsection (6)(g);

(b) To reserve a game for a specific player when:

(i) The licensee has established house rules for reserving games that include reasons or conditions for reserving such games and the maximum time for which a game may be reserved;

(ii) The house rules are clear in meaning and posted in a manner that players can observe; and

(iii) The board or series is clearly identified as reserved;

(c) A board or series is designated to be played during certain hours of the licensee's operation, such as "happy hour." Such games shall be clearly identified and house rules shall be posted regarding hours of play and/or other conditions affecting play.

[Statutory Authority: RCW 9.46.070 (5), (6), (11), (14). 97-14-012, § 230-30-050, filed 6/20/97, effective 7/21/97. Statutory Authority: RCW 9.46.070 (1)-(4), (7), (8), (11), (12), (14), (20) and 9.46.110 (3), (4). 95-23-109, § 230-30-050, filed 11/22/95, effective 1/1/96. Statutory Authority: RCW 9.46.070. 94-11-095 (Order 251), § 230-30-050, filed 5/17/94, effective 7/1/94. Statutory Authority: RCW 9.46.070 and chapter 34.05 RCW. 90-21-053, § 230-30-050, filed 10/15/90, effective 11/15/90. Statutory Authority: RCW 9.46.070 (4), (8), (11) and (14). 86-07-037 (Order 155), § 230-30-050, filed 3/14/86. Statutory Authority: RCW 9.46.020 (1) and (23) and 9.46.070(1). 85-11-023 (Order 150), § 230-30-050, filed 5/13/85. Statutory Authority: RCW 9.46.070(8). 81-21-033 (Order 114), § 230-30-050, filed 10/15/81; Order 5, § 230-30-050, filed 12/19/73.]