WSR 09-09-065

PERMANENT RULES

GAMBLING COMMISSION


[ Order 643 -- Filed April 13, 2009, 4:58 p.m. , effective July 1, 2009 ]


     Effective Date of Rule: July 1, 2009.

     Purpose: The change allows persons under the age of eighteen to sell raffle tickets for an unlicensed charitable or nonprofit organization which has the development of youth as its primary purpose. Charitable and nonprofit organizations that want to allow minors to sell raffle tickets must continue to meet the following requirements:

Have the development of youth as a primary purpose;
Have at least three members or advisors who are at least eighteen who supervises the raffle; and
Have an adult member or advisor designated as the raffle manager.

     Citation of Existing Rules Affected by this Order: Amending WAC 230-03-140 and 230-11-030.

     Statutory Authority for Adoption: RCW 9.46.070.

      Adopted under notice filed as WSR 09-05-087 on February 17, 2009, and published March 4, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: April 10, 2009.

Susan Arland

Rules Coordinator

OTS-2078.1


AMENDATORY SECTION(Amending Order 457, filed 3/22/06, effective 1/1/08)

WAC 230-03-140   Full and regular membership requirements.   (1) "Bona fide member" means the same thing as "bona fide active member." Bona fide members hold full and regular membership status.

     (2) To have full and regular membership status in a Washington charitable or nonprofit organization, you must:

     (a) Be at least eighteen years old, unless the organization:

     (i) Has a primary purpose that is the development of youth; and

     (ii) ((Is applying only for a)) The only activity the organization conducts is raffles or amusement games ((license)), whether licensed or unlicensed; and

     (iii) Has at least three members or advisors who are at least eighteen years old and who supervise the operation of the gambling activity; and

     (iv) Has an adult member or advisor designated as the manager for the gambling activity; and

     (b) Take part in at least one of the following activities of the organization:

     (i) Attend at least one regular membership meeting per year; or

     (ii) Vote for officers and/or board members; or

     (iii) Help set policy by serving as a member of the board of directors or a similar policy setting position; or

     (iv) Serve as a volunteer providing services or raising funds from nongambling sources; or

     (v) Maintain a level of communication that demonstrates knowledge of the activities of the organization; and

     (c) Live within one hundred miles of the main administrative offices of your organization which are located in Washington, or attend seventy-five percent of the organization's board meetings.

[Statutory Authority: RCW 9.46.070. 06-07-157 (Order 457), § 230-03-140, filed 3/22/06, effective 1/1/08.]

OTS-2161.1


AMENDATORY SECTION(Amending Order 602, filed 9/26/06, effective 1/1/08)

WAC 230-11-030   Restrictions on ticket sales.   (1) Only the following people, who are at least eighteen years old, may sell raffle tickets:

     (a) Members of the organization ((or)), except as explained in subsection (2) of this section; and

     (b) Volunteers under the supervision of a member ((may sell tickets; and)).

     (2) Organizations may allow members under the age of eighteen to sell tickets when the organization has:

     (a) Development of youth as a primary purpose; and

     (b) At least three members or advisors who are at least eighteen years old and who supervise the operation of the raffle; and

     (c) An adult member or advisor designated as the manager of the raffle.

     (3) Organizations must sell tickets for a particular raffle for the same price unless offering an authorized discount plan; and

     (((3))) (4) Organizations must not:

     (a) Sell raffle tickets via the internet; or

     (b) Require anyone to purchase more than one raffle ticket; or

     (c) Give away raffle tickets; or

     (d) Give an opportunity to participate in a raffle drawing to a person who has not purchased a ticket.

[Statutory Authority: RCW 9.46.070. 06-20-040 (Order 602), § 230-11-030, filed 9/26/06, effective 1/1/08.]

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