WSR 14-11-051
PROPOSED RULES
GAMBLING COMMISSION
[Filed May 16, 2014, 8:22 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-08-007.
Title of Rule and Other Identifying Information: Proposed amendments to WAC 230-06-030 Restrictions and conditions for gambling promotions and 230-11-070 Defining "members-only" raffles; and new WAC 230-11-091 Members-only progressive raffles.
Hearing Location(s): Grand Mound Great Wolf Lodge, 20500 Old Highway 99 S.W., Grand Mound, WA 98531, (360) 273-7718, on July 11, 2014, at 9:00 a.m. NOTE: Meeting dates and times are tentative. Visit our web site at www.wsgc.wa.gov and select public meeting about ten days before the meeting to confirm meeting date/location/start time.
Date of Intended Adoption: July 11, 2014.
Submit Written Comments to: Susan Newer, P.O. Box 42400, Olympia, WA 98504-2400, e-mail Susan.Newer@wsgc.wa.gov, fax (360) 486-3625, by July 1, 2014.
Assistance for Persons with Disabilities: Contact Michelle Rancour by July 1, 2014, TTY (360) 486-3637 or (360) 486-3453.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Rocky Mountain Elk Foundation has petitioned for a rule change. They are proposing a new rule and changes to two rules to allow progressive raffles as a part of members-only raffles.
WAC 230-06-030, this proposed change exempts members-only progressive raffles from the prohibition against giving another chance to participate in a gambling activity as a promotional item.
WAC 230-11-070, this proposed change exempts members-only progressive raffles from the requirement that all aspects of members-only raffles must take place at the same event and location.
WAC 230-11-091, a new rule is proposed that defines a "members-only progressive raffle" as a raffle in which winner(s) of one or more members-only raffle may, without further purchase, receive an entry into another members-only raffle.
The second raffle may or may not take place in the state of Washington. For the petitioner, the national organization which holds a raffle license is located in Montana.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0277.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Rocky Mountain Elk Foundation, raffle licensee, private.
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 was not prepared because the rule change would not impose additional costs.
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 16, 2014
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-17-066, filed 8/18/08, effective 9/18/08)
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) You must give all players an equal opportunity to participate; and
(2) 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
(3) Except for members-only progressive raffles conducted as authorized in WAC 230-11-091, you must not give another chance to participate in a gambling activity as a promotional item; and
(4) You must display all rules or restrictions clearly in the gambling area and include them on promotional materials or advertisements; and
(5) 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.
AMENDATORY SECTION (Amending WSR 13-19-056, filed 9/16/13, effective 10/17/13)
WAC 230-11-070 Defining "members-only" raffles.
A "members-only raffle" means a raffle where the organization sells tickets only to full and regular members and a limited number of guests and does not include enhanced raffles. Except for members-only progressive raffles, all aspects of the raffle must take place during the same event at the same location. Winners must be determined from among those members and guests that have purchased tickets.
NEW SECTION
WAC 230-11-091 Members-only progressive raffle.
A "members-only progressive raffle" is a raffle in which winner(s) of one or more members-only raffles may, without further purchase, receive an entry into another members-only raffle.