WSR 00-20-082

PROPOSED RULES

GAMBLING COMMISSION


[ Filed October 3, 2000, 4:49 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-13-111 with a published date of July 5, 2000.

Title of Rule: Amendatory section WAC 230-20-010.

Purpose: This rule sets forth what a licensee must post in its house rules. This amendment clarifies that a bingo operator's house rules cannot be structured in a way that would make a valid bingo invalid. Prizes must be paid to all valid bingo winners. Attached are examples of bingo cards where the operator did not want to pay out a valid prize. The bingo operator claimed the player had marked the bingo card in a certain way which violated house rules, even though the player achieved a valid bingo.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 438-7654 ext. 374; Implementation: Ben Bishop, Lacey, (360) 438-7640; and Enforcement: Sherri Winslow, Lacey, (360) 438-7654 ext. 301.

Name of Proponent: Staff, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2), therefore a small business economic impact statement is not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, WA 98569, phone (360) 289-4600, on November 17, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by November 3, 2000, TDD (360) 438-7638, or (360) 438-7654 ext. 302.

Submit Written Comments to: Susan Arland, Mailstop 42400, Olympia, Washington 98504-2400, fax (360) 438-8652, by November 3, 2000.

Date of Intended Adoption: November 17, 2000.

October 3, 2000

Susan Arland

Rules Coordinator

OTS-4380.1


AMENDATORY SECTION(Amending Order 240, filed 6/17/93, effective 7/18/93)

WAC 230-20-010
Disclosure of prizes and rules.

All licensees shall inform all persons contemplating participation in bingo or amusement games of the cost to play, rules of play, and prizes available.      Notification must be prior to requiring the player to make any payment for the opportunity to take part in the activity.

     (1) Information that must be disclosed:

     (a) All costs to participate;

     (b) A complete list and description of all prizes available, and including any extra cost or conditions of ownership related to prizes;

     (c) The licensee's cost or the retail value for all noncash prizes that exceed five hundred dollars.      If the retail value is disclosed, it must be identified as such by including an explanation such as "retail value" or "MSRP."

     (d) All rules by which such prizes may be won (house rules). If a bingo is determined to be valid, the operator must pay a prize which is equal to the prize set forth for that game. Disputes will be resolved in favor of the player if the bingo is valid;

     (e) Any contingencies that may change the cost to play or prizes available; and

     (f) Whether duplicate cards are in play.

     (2) Disclosure shall be made by conspicuously posting or displaying signs upon the premises where the activity is operated.      Disclosure may be made by signs or by printed flyers or handouts available at the premises;

     (3) Any broadcast or published advertisements or other printed information distributed to the public which pertains to game schedules, prizes to be awarded at bingo games, or cost related to play must disclose if there are any contingencies which may result in changes to these terms: Provided, That advertised bingo prizes and game formats may be changed in case of inclement weather, natural disaster, or other unforeseen emergencies, if players are so informed prior to purchasing cards;

     (4) In those cases where persons are able to pay for the opportunity to participate in the activity after the winner of any one of the prizes offered has been determined, the licensee shall remove each prize won from any display of prizes, and from any list of prizes which have been posted or displayed upon the premises where the activity is conducted, immediately upon the determination of the winner of that particular prize: Provided, That during a bingo session, players may be informed by use of the public address system and prominent display of the game name or number.

[Statutory Authority: RCW 9.46.070.      93-13-062 (Order 240), § 230-20-010, filed 6/17/93, effective 7/18/93.      Statutory Authority: RCW 9.46.070 (11) and (14).      88-17-050 (Order 182), § 230-20-010, filed 8/16/88.      Statutory Authority: RCW 9.46.020 (1) and (10) and 9.46.070 (3), (11) and (14).      86-09-036 (Order 157), § 230-20-010, filed 4/11/86.      Statutory Authority: RCW 9.46.070 (3), (8) and (11).      85-09-040 (Order 149), § 230-20-010, filed 4/15/85.      Statutory Authority: RCW 9.46.070 (8) and (11).      83-11-034 (Order 133), § 230-20-010, filed 5/16/83; Order 42, § 230-20-010, filed 9/18/75; Order 23, § 230-20-010, filed 9/23/74; Order 5, § 230-20-010, filed 12/19/73, 1:25 p.m.]

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