WSR 15-09-074
PROPOSED RULES
GAMBLING COMMISSION
[Filed April 15, 2015, 3:58 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-05-068.
Title of Rule and Other Identifying Information: Proposed amendatory section WAC 230-13-005 Amusement game authorized and proposed new section WAC 230-13-067 Group 12Electronic puzzle and pattern solving game standards.
Hearing Location(s): Red Lion Seattle Airport, 18220 International Boulevard, Seattle, WA 98188, (206) 246-5535, on July 9 or 10, 2015, at 9:00 a.m. or 1:00 p.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 9 or 10, 2015.
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, 2015.
Assistance for Persons with Disabilities: Contact Michelle Rancour by July 1, 2015, 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 proposing a new amusement game, group 12, which would allow electronic puzzle and pattern solving games, if played according to specific standards set forth in the rule. The commission's current amusement game rules allow for eleven groups or types of games to be played.
The new rule would authorize an electronic amusement game that would allow players to discern a pattern and choose the correct symbol to complete that pattern, such that no prize is ever awarded unless the player correctly completes the skill puzzle. WAC 230-15-050 will need to be changed to allow for more than eleven groups of amusement games.
Statutory Authority for Adoption: RCW 9.46.070, 9.46.0331.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Monty Harmon, President, Harmon Consulting, Inc., a licensed service supplier, 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 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.
April 15, 2015
Susan Newer
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-15-064, filed 7/16/07, effective 1/1/08)
WAC 230-13-005 Amusement games authorized.
(1) We authorize the ((eleven)) groups of amusement games set forth in this chapter. Operators must only operate amusement games that meet the standards of at least one of the authorized groups.
(2) Commercial businesses or nonprofit or charitable organizations may apply for licenses for amusement games.
(3) Charitable or nonprofit organizations also may conduct amusement games without a license when authorized to do so under RCW 9.46.0321 and 9.46.0331.
(4) Operators must operate amusement games as either:
(a) An attended amusement game.
(i) An "attended amusement game" means an amusement game that requires the presence or assistance of a person (attendant) in the regular operation of the game; and
(ii) These games must award a merchandise prize to players if players achieve the objective with one cost of play; or
(b) A coin or token activated amusement game.
(i) A "coin or token activated amusement game" means an amusement game that uses a mechanical, electronic, or electro-mechanical machine to allow the player to activate the game by inserting coins or tokens; and
(ii) These games may dispense merchandise prizes, or coupons, tickets, or tokens redeemable for merchandise prizes.
(5) Amusement games must not award additional plays as prizes.
NEW SECTION
WAC 230-13-067 Group 12Electronic puzzle and pattern solving game standards.
Group 12 games, players must correctly solve a simple puzzle to win a prize which is known to the player before each puzzle is presented:
(1) The game requires a player to:
(a) Determine whether a potential pattern of two or more symbols is presented and to select from a number of symbols to add to two or more existing symbols such that there are then three or more symbols in a pattern, within a predetermined time period; or
(b) Select a symbol from a variety of symbols available to complete an existing pattern of symbols which is missing one correct symbol, so that the pattern is completed if the correct symbol is chosen by the player, within a predetermined time period.
(2) The game must limit the player to a maximum of fifteen seconds within which to solve each puzzle.
(3) The game must allow the player to view the prize that is available before each play of the game.
(4) The game must allow the player to view that available prize without the insertion of money or expenditure of any consideration.
(5) Prizes must be won exclusively by the player's skill in correctly discerning a pattern and correctly choosing the correct symbol to complete that pattern, such that no prize is ever awarded unless the player correctly completes the skill puzzle.
(6) Each game must present its winning patterns so they are capable of completion, within the predetermined time period, by a reasonable person after a reasonable learning period.
(7) Group 12 amusement games are for adults only and may only be operated by licensees where minors are prohibited from entering the area where Group 12 games are operated.