Original Notice.

Preproposal statement of inquiry was filed as WSR 00-13-029 with a published date of July 5, 2000.

Title of Rule: New sections WAC 230-30-033 Hold pull-tab series -- Definitions -- Restrictions and 230-30-036 Strip pull-tab series -- Definitions -- Restrictions.

Purpose: During meetings with the Bingo Net Return Task Force, new marketing schemes for pull-tabs were discussed as a way to promote business for the bingo halls. This rules package is a result of the task force meetings.

     The hold pull-tab series rule authorizes a secondary element of chance to be included in hold pull-tab series. Each hold pull-tab series will contain an opportunity to advance to additional rounds of play for additional prizes.

     The strip pull-tab series rule authorizes two, three, four or five pull-tab series to be combined into one series, known as a strip pull-tab series. Each series included in a strip pull-tab series will appear separately under perforated "windows" on the strip pull-tab. All of the series included in a strip series may be combined onto one flare, or each series may have its own flare. The requirements and restrictions for these games are set forth in these rules.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: 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 N.W., Ocean Shores, WA 98569, phone (360) 289-4600, on November 17, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by November 3, 2000, 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 November 3, 2000.

Date of Intended Adoption: November 17, 2000.

October 3, 2000

Susan Arland

Rules Coordinator

OTS-4447.1

NEW SECTION
WAC 230-30-033
Hold pull-tab series -- Definitions -- Restrictions.

Hold pull-tab series are defined as a pull-tab series that includes a predetermined number of pull-tabs which allow a player the opportunity to advance to another round (hold round) involving a secondary element of chance.

Manner of play.

     (1) A hold series may also include instant winning tickets.

     (2) The hold round, which involves a secondary element of chance, can be played in either of the following manners:

     (a) A bingo hold round in which the secondary element of chance involves opening a pull-tab which pictures a bingo ball (numbered 1-75). The pull-tabs with bingo ball numbers 1-75 can be tied to a predetermined bingo game for the session within which it was sold; or

     (b) A hold round in which the secondary element of chance involves opening a pull-tab which pictures a number tied to a series of several numbers on the flare. The player with this pull-tab then signs their name on the flare to the number which corresponds to their pull-tab. The manufacturer is to determine the amount of pull-tabs to be tied to the flare. At a time which is to be predetermined prior to any sales, the operator opens a perforated seal which discloses a winning number or numbers corresponding to those on the flare.

Restrictions.

     (3) The following restrictions apply to the operation of hold series:

     (a) If played in a charitable or nonprofit bingo hall, hold series must be played and completed within one bingo session;

     (b) If played in a commercial establishment or other nonprofit pull-tab establishment, hold series must be played and completed within three hours;

     (c) Prior to putting a hold series into play, the operator must fully disclose, in plain view, when the hold round (which involves the second element of chance) will take place;

     (d) Hold pull-tabs must be available for purchase until immediately prior to the hold round, unless the game has been completely sold out;

     (e) A licensed manager must be present at all times the hold round takes place, including sales of tickets and selection of winners;

     (f) If perforated windows are used as a part of determining winners in the hold round, the numbers or symbols must be covered by latex, foil, or other approved means;

     (g) Each flare shall clearly set out the following:

     (i) All prizes available, in accordance with WAC 230-30-106;

     (ii) The number of chances available to advance to the hold round, and how the hold round winner is to be determined; and

     (iii) The number of winning tabs at the instant winner level, and the number of winning tabs at the hold round level.

     (h) The following are prohibited for use with hold pull-tab series:

     (i) Substitute flares;

     (ii) "Last sale" prizes; and

     (iii) Bonus pull-tab series and carry-over jackpots.

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OTS-4369.1

NEW SECTION
WAC 230-20-036
Strip pull-tab series -- Definitions -- Restrictions.

Strip pull-tab series are defined as two, three, four or five individual pull-tab series brought together to form a single "strip" series.

Separate series combined on one pull-tab.

     (1) Each perforated window on a strip pull-tab shall be considered a separate series. Each window will be opened separately and contain symbols for players to match to separate series listed on the flare. The flare will separate each series by a number and distinct game name.

Flares.

     (2) One flare will replace individual flares, either by the manufacturer or under the requirements of WAC 230-30-106. The following items are required to be listed on the single flare:

     (a) All prizes over twenty dollars;

     (b) Minimum control information shall include, but is not limited to:

     (i) Serial numbers of each series;

     (ii) Winner verification codes of all winners over twenty dollars;

     (iii) Size of game; and

     (iv) Color of strip pull-tabs.

     (3) Each series will be assigned a separate Washington identification stamp.

Requirements.

     (4) Each strip pull-tab series shall be played in accordance with WAC 230-30-050. The following additional requirements shall apply to strip series:

     (a) Maximum ticket count is ten thousand;

     (b) Each series included in the strip series must contain the same number of tickets;

     (c) Maximum price per pull-tab is one dollar;

     (d) Each pull-tab shall cost the same;

     (e) The total payout of a strip series shall be at least sixty percent; and

     (f) The total payout of each series included in a strip series shall be at least sixty percent.

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