WSR 13-23-054
[Filed November 15, 2013, 1:46 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-19-073.
Title of Rule and Other Identifying Information: WAC 230-14-047 Standards for electronic video pull-tab dispensers.
Hearing Location(s): Comfort Inn Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, (360) 352-0691, on February 13 or 14, 2014, at 9:00 a.m. or 1:00 p.m.
NOTE: Meeting dates and times are tentative. Visit our web site at and select public meeting about ten days before the meeting to confirm meeting date/location/start time.
Date of Intended Adoption: February 13 or 14, 2014.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail, fax (360) 486-3625, by February 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by February 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule proposal is in response to a recent Thurston County superior court decision, where the court directed the commission to allow a specific electronic video pull-tab dispenser, which permits the purchase of a pull-tab at the dispenser and allows pull-tab winnings of $20 or less to be added onto a cash card at the dispenser.
This amendment adds language to WAC 230-14-047 to allow pull-tab prizes of $20 or less to be added to cash cards used in electronic video pull-tab dispensers. Most prizes are below $20.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.110.
Statute Being Implemented: Not applicable.
Rule is necessary because of state court decision, Thurston County Superior Court No. 06-2-02283-9.
Name of Proponent: Washington state gambling commission, governmental.
Name of Agency Personnel Responsible for Drafting: Susan Newer, Lacey, (360) 486-3466; Implementation: David Trujillo, Director, Lacey, (360) 486-3512; 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 rule change would not impose additional costs on any licensees.
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.
November 15, 2013
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-03-052, 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; 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)) Cash cards used in electronic video pull-tab dispensers must:
(a) Be purchased with cash, check, gift certificates, gift cards, 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.
(4) Electronic video pull-tab dispensers that accept cash cards may award any pull-tab cash prize of twenty dollars or less onto the cash card.