Date of Adoption: December 1, 1999.

Purpose: Because the requirements for minors to participate in gambling activities were located in several rules and difficult to find, a new rule was written to clearly set forth when a minor may participate in gambling activities. Now all age restrictions are addressed in one rule and will be easier to find. Language was added to clarify that the Liquor Control Board does not allow liquor to be given away, which includes giving liquor away as a prize for gambling activities.

Citation of Existing Rules Affected by this Order: Repealing WAC 230-20-210; and amending WAC 230-12-030.

Statutory Authority for Adoption: RCW 9.46.070.

Adopted under notice filed as WSR 99-18-109 on September 1, 1999, with a publication of September 15, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 1, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 1, 1999

Susan Arland

Rules Coordinator

OTS-3353.6

NEW SECTION
WAC 230-12-027
Age limit to participate in gambling activities -- Bingo advertisements directed to minors.

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.

Bingo advertisements directed to minors.

(3) All bingo advertisements that are directed to minors shall include language indicating that all minors must be accompanied by a member of their immediate family or a guardian, who is at least eighteen years old.

Enforcement of age restrictions.

(4) 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.

[]

OTS-3358.4

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-3310.1

REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 230-20-210

Age limit for bingo.

© Washington State Code Reviser's Office