WSR 01-01-143

PROPOSED RULES

GAMBLING COMMISSION


[ Filed December 20, 2000, 11:17 a.m. ]

Supplemental Notice to WSR 00-20-081.

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

Title of Rule: New rules relating to new marketing schemes for pull-tabs. WAC 230-30-033 Event pull-tab series -- Definitions -- Restrictions, 230-20-036 Strip pull-tab series -- Definitions -- Restrictions, 230-30-034 Pull-tab series with seal card games -- Definitions -- Restrictions, and 230-02-260 Pull-tab defined.

Purpose: On October 3, 2000, a proposed rule making (CR-102) was filed under WSR 00-20-081 with a published date of October 18, 2000. That rules package was the result of a Bingo Net Return Task force investigating way to promote business at bingo halls. This supplemental filing is to provide notification of the following changes made after the original filing: Event pull-tab series will be operated only at bingo halls. Therefore, only charitable or nonprofit organizations will operate these games, not commercial organizations. The name of the "hold" pull-tab series was changed to "event" pull-tab; previously, two types of games involving a secondary element of chance were set forth in the event pull-tab series. One of these games "seal card games" was removed from the event pull-tab rule and placed in its own separate rule, and additional requirements and restrictions were added. The definition of pull-tabs was added for housekeeping purposes. Finally, due to lack of interest by the industry, it is recommended that the rule relating to strip pull-tab series not be adopted.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Reasons Supporting Proposal: The industry has requested new marketing schemes for their pull-tab games.

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 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: Cavanaughs at Capitol Lake, 2300 Evergreen Park Drive S.E., Olympia, WA 98502, phone (360) 943-4000, on February 9, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by February 1, 2001, TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, WA 98504-2400, fax (360) 438-8652, by February 9, 2001.

Date of Intended Adoption: February 1, 2001.

December 20, 2000

Susan Arland

Rules Coordinator


NEW SECTION
WAC 230-30-033   Event pull-tab series -- Definitions -- Restrictions   Charitable or nonprofit bingo operators may use pull-tab series that are specifically designed to include event activities. Such games shall be operated under the following definitions and restrictions.

Definitions.

(1) The following definitions apply to this section:

(a) Event 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 (the event round) involving a secondary element of chance.

(b) The event round is defined as the secondary element of chance associated with a bingo session, where the prize is determined based on the outcome of a bingo game during the session.

(c) Event winners shall be determined based on a pull-tab that ties the specific winning number to the bingo game. This winning number must fall within numbers 1 through 75.

Manufacturing restrictions.

(2) The following manufacturing restrictions apply to this section:

(a) An event pull-tab series shall be manufactured meeting all standards of construction included in WAC 230-30-103;

(b) An event pull-tab series may include instant winning tickets in addition to event prizes;

(a) The 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 event round, and how the event 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 event round level.

(e) If perforated windows are used as a part of determining the winners in the event round the numbers or symbols must be covered by an approved means which prevents detection of the winning number or symbol prior to opening.

Operational restrictions.

(a) The event pull-tab series must be played in a charitable or nonprofit bingo hall, and must be played and completed within one bingo session;

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

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

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

(e) The following are prohibited for use with event pull-tab series:

(i) Substitute flares; and

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

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NEW SECTION
WAC 230-30-034   Pull-tab series with seal card games -- Definitions -- Restrictions   Operators may use pull-tab series that are specifically designed to include seal cards. Such games shall be operated under the following definitions and restrictions:

Definitions.

(1) The following definitions apply to this section:

(a) Pull-tab series with seal cards are defined as a pull-tab series that include a predetermined number of pull-tabs which allow a player the opportunity to advance to another round involving a secondary element of chance; and

(b) Seal cards are defined as cards located on the flare which conceal the number or symbol assigned to the prize to be awarded as part of the secondary element of chance.

Manufacturing restrictions.

(2) The following manufacturing restrictions apply to this section:

(a) A pull-tab series with seal cards shall be manufactured meeting all standards of construction included in WAC 230-30-103;

(b) The flare may include up to two seals. The second seal may be offered as an additional prize, but may not be offered as an alternative to the original seal prize;

(c) The pull-tab series shall include forms to be attached to the pull-tabs that lists each seal card level participant with adequate information for contacting winners of the seal card game;

(d) The 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 seal card round, and how the seal card 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 seal card level.

(e) If perforated windows are used as a part of determining the winners in the seal card round, the numbers or symbols must be covered by an approved means which prevents detection of the winning number or symbol prior to opening.

Operating restrictions.

(3) The following operational restrictions apply to this section:

(a) Pull-tabs with seal cards must be played in the following manner:

(i) The seal card prize shall be awarded for all pull-tab series with seal cards that are placed out for play. The pull tab series must be played out before it is pulled from play unless the operator elects to award the seal card prize without all tickets being purchased. The operator shall contact the seal card winner within two business days. The seal card winner shall be given two weeks after being contacted to redeem their prize. If the seal card winner does not redeem their prize within two weeks an alternate winner may be selected. The method of selecting an alternate winner must be established and fully disclosed prior to placing a game out for play; and

(ii) When a player receives a ticket that allows them to enter the seal card round, they must enter their name or allow the operator to enter their name on the flare based on the line indicated by the number or symbol on the pull-tab. The player must then turn in their ticket to the operator. The information to locate the winner shall be recorded at the time their name is entered on the flare. This information shall be maintained with the records of the game and be kept during the maintenance period of the game. All seal card games must be maintained on premises and be available for public inspection for a period of two weeks after they are pulled from play. If a seal card winner is not located within that time frame, the maintenance time shall be extended until a winner is designated for the game.

(b) Substitute flares, bonus pull-tab series and carry-over jackpots are prohibited from use with pull-tab series that include seal cards.

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AMENDATORY SECTION(Amending Order 5, filed 12/19/73)

WAC 230-02-260   Pull-tab defined.   A "pull-tab" is a card, or a single folded or banded ticket (card/ticket) ((or is a card)), the face of which is initially covered or otherwise hidden from view to conceal a number, symbol or set of symbols((, a few of which numbers or symbols out of every set of pull-tabs have been designated in advance and at random as prize winners, when)). Each pull-tab series has winning numbers or symbols designated randomly, in advance, on some card/tickets. Upon opening a card/ticket to revel the numbers or symbols, players will know immediately if the card/ticket is a winner or not. Provided, That event pull-tab series operators may determine winners at the conclusion of each event series (see WAC 230-30-033(3)). A person must pay some consideration to an operator for the opportunity to obtain each ((such folded or banded ticket or card,)) ticket/card, view the numbers or symbols ((thereon)) and possibly win a prize ((obtain a prize winning pull-tab, a person pays some consideration to an operator)).

[Order 5, 230-02-260, filed 12/19/73.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

OTS-4369.3


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 strip pull-tab is five dollars;

(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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Washington State Code Reviser's Office