WSR 08-09-096



[ Filed April 21, 2008, 8:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-05-038.

Title of Rule and Other Identifying Information: WAC 230-06-030 Restrictions and conditions for gambling promotions, 230-15-141 Additional merchandise or cash prizes for card games.

Hearing Location(s): The Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662, (360) 254-3100, on July 11, 2008, at 9:30 a.m.

Date of Intended Adoption: July 11, 2008.

Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by July 1, 2008.

Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by July 1, 2008, TTY (360) 486-3637 or (360) 486-3453.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

Reasons Supporting Proposal: Monty Harmon, a gambling service supplier licensee, submitted a petition for rule change requesting to increase the dollar limit for a gambling promotional item from $500 to $5,000. Additionally, the petitioner requested that the restriction to combine gambling promotions with promotional contests of chance (RCW 9.46.0356) be removed. At their April meeting, the commissioners filed an alternative to the petition to increase the amount of a gambling promotional item from $500 to $5,000. However, they did not file the second part of the petition requesting to combine gambling promotions with promotional contests of change.

Statutory Authority for Adoption: RCW 9.46.070.

Name of Proponent: Monty Harmon, licensed gambling service supplier, private.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Rules Coordinator, Lacey, (360) 486-3466; Implementation: Rick Day, Director, Lacey, (360) 486-3446; and Enforcement: Mark Harris, Assistant Director, Lacey, (360) 486-3579.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement has not been prepared pursuant to RCW 19.85.025 because the change would not impose additional costs on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state gambling commission is not an agency that is statutorily required to prepare a cost-benefit analysis under RCW 34.05.328.

April 21, 2008

Susan Arland

Rules Coordinator


AMENDATORY SECTION(Amending Order 601, filed 8/22/06, effective 1/1/08)

WAC 230-06-030   Restrictions and conditions for gambling promotions.   Licensees may conduct gambling promotions to encourage players to participate in a gambling activity, but you must follow these restrictions and conditions:

(1) Promotional items must not exceed five ((hundred)) thousand dollars each; and

(2) You must give all players an equal opportunity to participate; and

(3) You must establish standards to determine how you will give promotional items to players. You must not give the items based on an element of chance, such as a drawing or spinning wheel, unless you are doing so as part of a bingo game; and

(4) You must not give another chance to participate in a gambling activity as a promotional item; and

(5) You must display all rules or restrictions clearly in the gambling area and include them on promotional materials or advertisements; and

(6) You must not combine gambling activities and related gambling promotions in any way with a promotional contest of chance as defined in RCW 9.46.0356.

[Statutory Authority: RCW 9.46.070. 06-17-132 (Order 601), 230-06-030, filed 8/22/06, effective 1/1/08.]


AMENDATORY SECTION(Amending Order 617, filed 10/22/07, effective 1/1/08)

WAC 230-15-141   Additional merchandise or cash prizes for card games.  

Nonproprietary games.

(1) Licensees may add additional merchandise or cash prizes to nonproprietary games like Blackjack or Pai Gow. We consider these additional prizes a gambling promotion and they must((:

(a) Not be greater than five hundred dollars each; and

(b))) meet all requirements of WAC 230-06-030.

Proprietary games.

(2) Licensees must not add additional merchandise or cash prizes to proprietary games without the approval of the company that owns the rights to the games.

(3) To indicate their approval, the owner of the rights to a proprietary game must:

(a) Submit an alternative pay-table that includes the additional or revised prize payout to us for review and approval; or

(b) Send an authorization letter to us allowing the addition of gambling promotions to their game.

(4) Once we approve the changes, the revised pay-tables are available to all card game licensees. The prizes become a part of the game rules and we consider them prize payouts on the game. Because of this, we do not consider the prizes a gambling promotion.

[Statutory Authority: RCW 9.46.070. 07-21-116 (Order 617), 230-15-141, filed 10/22/07, effective 1/1/08.]

Washington State Code Reviser's Office