WSR 14-23-048 PERMANENT RULES GAMBLING COMMISSION [Order 709—Filed November 14, 2014, 2:56 p.m., effective December 15, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: To recodify the current version of WAC 230-14-047.
This rule relates to the regulation of licensing, therefore, it requires an affirmative vote of at least three commission members for final approval (RCW 9.46.050(2)). A May 2014 court of appeals decision held that in 2008, WAC 230-14-047 was "adopted without compliance with statutory rule-making procedures" per RCW 34.05.570 (2)(c). The court of appeals found that the rule relates to the regulation of licensing, and thus under RCW 9.46.050(2) required the affirmative vote of at least three commission members for final approval. The rule was improperly promulgated in 2008 because only two of the three commission members present voted to approve the rules. The commissioners voted to recodify this rule at their November 14, 2014, meeting.
Statutory Authority for Adoption: RCW 9.46.070.
Adopted under notice filed as WSR 14-19-060 on September 12, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: November 14, 2014.
Susan Newer
Rules Coordinator
RECODIFY SECTION (Recodifying WSR 14-09-040, filed 4/11/14, effective 5/12/14)
WAC 230-14-047 Standards for electronic video pull-tab dispensers.
Electronic video pull-tab dispensers must be approved by us prior to use.
(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) Cash cards used in electronic video pull-tab dispensers must:
(a) Be purchased with cash, check, gift certificates, 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 purchase price 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.
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