WSR 12-11-096



[ Filed May 21, 2012, 12:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR [12-07-012 on] March 12, 2012.

Title of Rule and Other Identifying Information: WAC 315-04-040 General license, describes a lottery retailer general license wherein the lottery director may designate a seasonal license period for businesses routinely closed for a minimum of three months not to exceed six months per calendar year. A seasonal license shall [be] placed in inactive status during the designated off season for the retailer.

Hearing Location(s): Washington's Lottery, 814 4th Avenue, Olympia, WA 98506, on June 26, 2012, at 9:00 a.m.

Date of Intended Adoption: June 26, 2012.

Submit Written Comments to: Jana Jones, P.O. Box 43000, Olympia, WA 98506, e-mail, fax (360) 586-1039, by June 25, 2012.

Assistance for Persons with Disabilities: Contact Debbie Robinson by June 25, 2012, TTY (360) 586-0933 or (360) 664-4815.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed changes to the WAC will enable the lottery director to better serve "seasonal" retailers who would otherwise be unable to license under existing criteria due to the limitations of their business locations, i.e.: Access due to inclement weather in winter months or seasonal summer operations. Thus enabling the lottery to generate more revenue for the state.

Reasons Supporting Proposal: The current language requires that potential corporate licensees be denied a license if their are three significant incidents on its credit report. Some corporations may have minor incidents that are nevertheless defined as significant. The change in language will allow for the director's discretion in determining qualifications under credit criteria.

Statutory Authority for Adoption: RCW 67.70.040 (1), (3).

Statute Being Implemented: RCW 67.70.040.

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

Name of Proponent: Washington state lottery commission, governmental.

Name of Agency Personnel Responsible for Drafting: Jana Jones, Washington's Lottery, (360) 664-4833; Implementation: Washington's Lottery, (360) 664-[4720]; and Enforcement: Len Brudvik, Washington's Lottery, (360) 664-4742.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The only business allowed by law to sell lottery products are existing licensed lottery retailers.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed WAC changes do not give rise to a cost-benefit analysis.

May 21, 2012

Jana L. Jones

Director of Legal Services


AMENDATORY SECTION(Amending WSR 07-11-154, filed 5/22/07, effective 6/22/07)

WAC 315-04-040   General license.   The director may issue a general license, which authorizes a lottery retailer to conduct the routine sale of tickets at a fixed structure or facility, to an applicant who qualifies for licensure. The general license shall authorize the lottery retailer to conduct the routine sale of tickets at the location specified on the general license. An addendum to the general or provisional license may be obtained as provided for in WAC 315-04-220, permitting the lottery retailer to sell tickets in locations other than that specified on its license. A seasonal license designation may be issued by the director for businesses routinely closed for a minimum of three months not to exceed six months per calendar year. A seasonal license shall be placed in inactive status during the designated off-season for the retailer. The general license shall be valid until terminated by the lottery or the lottery retailer, provided, the lottery retailer shall provide periodic updates of license information as required by the director.

[Statutory Authority: RCW 67.70.040 (1), (3) and 67.70.040. 07-11-154, 315-04-040, filed 5/22/07, effective 6/22/07. Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), 315-04-040, filed 12/16/85; 85-09-004 (Order 72), 315-04-040, filed 4/5/85. Statutory Authority: RCW 67.70.040 and 67.70.050. 83-05-029 (Order 14), 315-04-040, filed 2/10/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-039 (Order 4), 315-04-040, filed 10/15/82.]

Washington State Code Reviser's Office