WSR 09-13-020

PROPOSED RULES

GAMBLING COMMISSION


[ Filed June 5, 2009, 12:16 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-09-079.

     Title of Rule and Other Identifying Information: Amending WAC 230-14-047 Standards for electronic video pull-tab dispensers.

     Hearing Location(s): Inn at Gig Harbor, 3211 56th Street N.W., Gig Harbor, WA 98335, on August 14, 2009, at 9:00 a.m.

     Date of Intended Adoption: August 14, 2009.

     Submit Written Comments to: Susan Arland, P.O. Box 42400, Olympia, WA 98504-2400, e-mail SusanA@wsgc.wa.gov, fax (360) 486-3625, by August 1, 2009.

     Assistance for Persons with Disabilities: Contact Gail Grate, executive assistant, by August 1, 2009, TTY (360) 486-3637 or (360) 486-3453.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The petitioner is requesting that electronic video pull-tab dispensers be allowed to dispense a bundled pull-tab after all plays have been completed. Currently, pull-tabs must be dispensed when (not after) the ticket is read on the video screen.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 9.46.070.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: ZDI Gaming, Inc., licensed manufacturer, 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.

May 18, 2009

Susan Arland

Rules Coordinator

OTS-2376.1


AMENDATORY SECTION(Amending Order 621, filed 1/11/08, effective 2/11/08)

WAC 230-14-047   Standards for electronic video pull-tab dispensers.   Electronic video pull-tab dispensers must be approved by us prior to use, meet the requirements below, and may incorporate only the features below and not perform additional functions.

     (1) Electronic video pull-tab dispensers must dispense a paper pull-tab as defined in WAC 230-14-010 and follow the rules for:

     (a) Pull-tabs; and

     (b) Flares; and

     (c) Authorized pull-tab dispensers.

     (2) Electronic video pull-tab dispensers that use a reading and displaying function must:

     (a) Use a video monitor for entertainment purposes only; and

     (b) Open all, or a portion of, the pull-tab in order to read encoded data that indicates the win or loss of the pull-tab if the dispenser is equipped to automatically open pull-tabs; and

     (c) Dispense the pull-tab to the player and not retain any portion of the pull-tab; and

     (d) Read the correct cash award from the pull-tab either when it is dispensed or when the pull-tab is reinserted into the dispenser; however, a bundled pull-tab may be dispensed after all plays have been completed; and

     (e) Display the cash award from the pull-tab, one pull-tab at a time; and

     (f) Provide:

     (i) An electronic accounting of the number of pull-tabs dispensed; and

     (ii) A way to identify the software version and name; and

     (iii) A way to access and verify approved components; and

     (iv) Security on the dispenser to prevent unauthorized access to graphic and prize amount displays.

     (3) Gift certificates or gift cards used in electronic video pull-tab dispensers must:

     (a) Be purchased with cash, check or electronic point-of-sale bank transfer before use in the dispenser; and

     (b) Be convertible to cash at any time during business hours; and

     (c) Subtract the cash value for the purchase of the pull-tab one pull-tab at a time.

[Statutory Authority: RCW 9.46.070. 08-03-052 (Order 621), § 230-14-047, filed 1/11/08, effective 2/11/08.]

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