PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-15-047, with a published date of August 2, 1999.
Title of Rule: Age limit to participate in gambling activities.
Purpose: Currently, the requirements for minors to participate in gambling activities are located in several rules and difficult to find: "No beer and liquor as prizes" (WAC 230-12-030); "Age limit for bingo" (WAC 230-20-210); and "Active member defined" (WAC 230-02-183). A new rule was written to clearly set forth the exceptions for a minor to participate in gambling activities. The age requirements set forth in WAC 230-12-030 and 230-20-210 have been moved to this new rule, and WAC 230-02-183 was referenced. Now all age restrictions are addressed in one rule and will be easier to find.
Statutory Authority for Adoption: RCW 9.46.070.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Sherri Winslow, Lacey, (360) 438-7654 ext. 301.
Name of Proponent: Staff, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose 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: Shilo Inn, 707 Ocean Shores Boulevard, Ocean Shores, WA 98569, (360) 489-4600, on October 15, 1999, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Shirley Corbett by October 1, 1999, TDD (360) 438-7638, or (360) 438-7654 ext. 302.
Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, Washington 98504-2400, fax (360) 438-8652, by October 1, 1999.
Date of Intended Adoption: October 15, 1999.
August 31, 1999
Susan Arland
Rules Coordinator
OTS-3310.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 230-20-210 | Age limit for bingo. |
OTS-3358.2
AMENDATORY SECTION(Amending Order 243, filed 8/17/93, effective
1/1/94)
WAC 230-12-030
No beer, wine or ((liquor)) spirits as
prizes.
((No beverages containing)) Alcohol shall not be offered
as a prize.
(1) Pursuant to the restrictions of the liquor control
board, beverages that contain alcohol, including but not limited
to((,)) beer, wine or ((liquor,)) spirits shall not be offered or
awarded as a prize or in lieu of a prize for winning at any ((of
the activities authorized by chapter 9.46 RCW: Provided, That
this section does not apply to activities that are)) gambling
activity. Exceptions to this restriction are set forth in
subsection (2) of this section.
Exceptions for alcohol to be offered as a prize.
(2) Alcohol may be offered and awarded as a prize in:
(a) Dice or coin contests for music, food, or beverage
payment as authorized by RCW 9.46.0305 (Dice or coin contests for
music, food, or beverage payment)((, and));
(b) Unlicensed members-only raffles as authorized by RCW 9.46.0315 (Raffles--No license required, when) ((conducted by
bona fide charitable or bona fide nonprofit organizations. No
such alcoholic beverages shall be furnished to any person
participating in the activity by anyone except upon the
participant paying the market price therefor. If liquor is
offered for sale upon the premises where an authorized activity
is being conducted then no one under the age of eighteen years
shall be admitted to that portion of the premises used to conduct
the authorized activity. The licensee and each person conducting
the activity and each person physically operating the activity
shall be responsible to see that no unauthorized person is
admitted to that portion of the premises)), but only if the
appropriate permit has been granted by the liquor control board;
and
(c) Other gambling activities that the liquor control board has authorized alcohol to be given away.
[Statutory Authority: RCW 9.46.070, 9.46.0315 and 9.46.0321. 93-17-098 (Order 243), § 230-12-030, filed 8/17/93, effective 1/1/94; Order 51, § 230-12-030, filed 4/30/76; Order 12, § 230-12-030, filed 2/14/74; Order 5, § 230-12-030, filed 12/19/73.]
OTS-3353.3
NEW SECTION
WAC 230-12-027
Age limit to participate in gambling
activities.
Minors shall not participate in gambling activities.
(1) Persons under the age of eighteen shall not wager in, nor participate in the operation of any gambling activity. Exceptions to this restriction are set forth in subsection (2) of this section:
Exceptions for minors to participate in gambling activities.
(2) Persons under the age of eighteen may:
(a) Play in licensed bingo games if accompanied by an adult member of his/her immediate family or a guardian, who is at least eighteen years old. For purposes of this section, "immediate family" means and is limited to, the spouse, parents, or grandparents of an individual. "Guardian" means and is limited to an individual appointed by a court of law as the legal guardian of an individual;
(b) Play bingo at agricultural fairs or school carnivals;
(c) Play amusement games, pursuant to the provisions set forth in RCW 9.46.0331 (4) and (5); and
(d) Sell raffle tickets, pursuant to the provisions set forth in WAC 230-02-183.
Enforcement of age restrictions.
(3) The licensee and those persons operating gambling activities are responsible for assuring that persons under the age of eighteen are not playing in or participating in the operation of any gambling activity.
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