Effective Date of Rule: Thirty-one days after filing.

     Purpose: Proposed change to WAC 315-04-040, will enable the lottery director to better serve "seasonal" retailers who would otherwise be unable to license under existing criteria due to the limitations of their business locations, i.e. access due to inclement weather in winter months or seasonal summer operations. Thus enabling lottery to generate more revenue for the state.

     Citation of Existing Rules Affected by this Order: Amending WAC 315-04-040.

     Statutory Authority for Adoption: RCW 67.70.040 (1), (3).

      Adopted under notice filed as WSR 12-11-096 on May 21, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 17, 2012.

Jana L. Jones

Director of Legal Services

OTS-4789.1

AMENDATORY SECTION(Amending WSR 07-11-154, filed 5/22/07, effective 6/22/07)

WAC 315-04-040   General license.   The director may issue a general license, which authorizes a lottery retailer to conduct the routine sale of tickets at a fixed structure or facility, to an applicant who qualifies for licensure. The general license shall authorize the lottery retailer to conduct the routine sale of tickets at the location specified on the general license. An addendum to the general or provisional license may be obtained as provided for in WAC 315-04-220, permitting the lottery retailer to sell tickets in locations other than that specified on its license. A seasonal license designation may be issued by the director for businesses routinely closed for a minimum of three months not to exceed six months per calendar year. A seasonal license shall be placed in inactive status during the designated off-season for the retailer. The general license shall be valid until terminated by the lottery or the lottery retailer, provided, the lottery retailer shall provide periodic updates of license information as required by the director.

[Statutory Authority: RCW 67.70.040 (1), (3) and 67.70.040. 07-11-154, § 315-04-040, filed 5/22/07, effective 6/22/07. Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), § 315-04-040, filed 12/16/85; 85-09-004 (Order 72), § 315-04-040, filed 4/5/85. Statutory Authority: RCW 67.70.040 and 67.70.050. 83-05-029 (Order 14), § 315-04-040, filed 2/10/83. Statutory Authority: 1982 2nd ex.s. c 7. 82-21-039 (Order 4), § 315-04-040, filed 10/15/82.]