5275265 Lottery and Charitable Games Control Board, DC - Notice of Proposed Rulemaking - These proposed rules repeal and replace Chapter 7 with new regulations to provide clarity to the roles of the Agency and agents regarding DC Lottery Instant ...
-
THE DISTRICT OF COLUMBIA
LOTTERY AND CHARITABLE GAMES CONTROL BOARD
NOTICE OF PROPOSED RULEMAKING
The Executive Director of the District of Columbia Lottery and Charitable Games Control Board, pursuant to the authority set forth in the 2005 District of Columbia Omnibus Authorization Act, approved October 16, 2006 (Pub. L. No. 109-356, § 201, 120 Stat. 2019; D.C. Official Code §§ 1-204.24a(c)(6) (2012 Repl.)); Section 4 of the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. Official Code §§ 3-1306(a), 3-1313, 1314, 1315, and 3-1321 (2012 Repl.)); District of Columbia Financial Responsibility and Management Assistance Authority Order, issued September 21, 1996; Office of the Chief Financial Officer Financial Management Control Order No. 96-22, issued November 18, 1996; and Office of the Chief Financial Officer Management & Control Order No. 98-10, issued January 1998; hereby gives notice of amendments to Chapter 7 (Instant Games) of Title 30 (Lottery and Charitable Games) of the District of Columbia Municipal Regulations (DCMR).
The Agency is repealing and replacing Chapter 7 with new regulations to provide clarity to the roles of the Agency and agents regarding instant game possession, responsibility, type, style, sale, activation, settlement, integrity, security, and conduct.
The Executive Director also gives notice of his intent to take final rulemaking action to adopt these amendments in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Title 30 DCMR, LOTTERY AND CHARITABLE GAMES, is amended as follows:
Chapter 7, INSTANT GAMES, is repealed in its entirety and replaced with the following:
700 CONDUCT OF INSTANT GAMES AND AGENTS
700.1 The Agency may operate instant games. Instant games may consist of individual instant tickets. Only the Agency or sales agents who have been licensed by the agency are authorized to sell instant tickets, and a licensed sales agent may only sell instant tickets at the licensed location.
700.2 Each instant ticket shall state the overall estimated odds of winning a prize of any kind.
700.3 Each instant ticket shall sell for the retail sales price authorized by the Executive Director and stated in the individual game procedures.
700.4 Instant games may continue to be sold even when all of the top prizes have been sold.
700.5 The number of actual prizes available in a game may vary based on the number of tickets manufactured, tested, distributed, and sold, and on the number of prizes claimed.
700.6 Once instant tickets are invoiced, packaged, and shipped to an agent’s address or picked up by an agent or agent’s representative, the instant tickets are assigned to that agent.
700.7 Instant tickets are assigned to a specific licensed sales agent location and shall not be sold, confirmed, or activated from another location.
700.8 Once the agent or agent’s representative picks up or signs for delivery of instant tickets and until a valid sale of the instant tickets occurs, the agent assumes all legal and financial liability and responsibility for the instant tickets.
700.9 Once the agent or agent’s representative picks up or signs for delivery of instant tickets and until a valid sale of the instant tickets occurs, the agent is responsible for ensuring the integrity and security of the instant tickets.
700.10 It is the agent’s responsibility to ensure all signed for or picked up instant tickets are received, accounted for, paid for, organized, secured, confirmed, held, activated, validated, and treated in accordance with the D.C. Official Code and Title 30 of the D.C. Municipal Regulations.
700.11 The agent is responsible for ensuring that all instant tickets the agent or agent’s representative sign for or pick up are kept in a way that meets the standards of a reasonably prudent business person.
700.12 Agents shall report complications or issues with instant ticket deliveries to the Agency within twenty-four (24) hours of signing for delivery of the instant tickets.
700.13 Agents shall confirm receipt of instant tickets by scanning the ticket invoice at the agent’s retailer terminal within twenty-four (24) hours of signing for delivery or pickup of the instant tickets.
700.14 Agents shall activate instant tickets by scanning the instant ticket pack at the agent’s retailer terminal within thirty (30) days of signing for delivery or picking up instant tickets. The time by which instant tickets shall be activated may be modified at the Executive Director’s discretion.
700.15 Agents are responsible for ensuring that instant ticket packs are not activated before receipt is confirmed in accordance with § 700.13 of this chapter.
700.16 The agent is responsible for ensuring that all instant tickets the agent or agent’s representative sign for or pick up are not lost, stolen, tampered with, compromised, defaced or validated before activation and valid sale.
700.17 Agents shall ensure that instant tickets are not scratched or validated until the instant tickets are activated and validly sold.
700.18 Agents shall ensure a pack of instant tickets is not opened until the pack of instant tickets is activated.
700.19 The Agency has the right to activate instant tickets automatically.
700.20 An agent or agent’s representative’s failure to confirm receipt or activate instant tickets in accordance with this chapter shall not relieve the agent’s liabilities or payment obligations under this title, chapter, or any current or future Agency guidelines, or any other law, rule, or regulation of the United States or District of Columbia.
700.21 The Agency has the right to collect confirmed or activated instant tickets and redistribute the instant tickets to other agents. Agents may not be charged for tickets that are collected from that agent for redistribution purposes.
700.22 A pack of instant tickets shall settle, and payment for tickets shall be due, forty-five (45) days from the date of activation or when eighty percent (80%) of low-tier tickets are claimed, whichever comes first. This settlement scheme may be altered at the Executive Director’s discretion with seven (7) days advanced written notice to agents.
700.23 The Agency has the right to force settle instant tickets before the settlement date or time described in § 700.20 of this chapter.
700.24 Instant tickets shall not be sold after the official end of instant game date.
700.25 The Agency reserves the right to seize instant tickets in any status, at any time, and for any reason. If instant tickets are seized to protect the integrity and security of the lottery or due to an actual or perceived violation or transgression of a law or D.C. Municipal Regulation, the agent remains responsible for payment of the instant tickets.
700.26 The Agency may allow returns of instant ticket packs if the instant ticket packs are unopened and the instant ticket game has not passed the end of game date. Returns of instant tickets in any other circumstance shall take place at the discretion and with the advanced written approval of the Executive Director.
701 GAME PROCEDURES
701.1 Before the commencement of a particular instant game, the Executive Director shall approve and issue game procedures. Game procedures shall be made available upon request to the public and may be published on the Agency’s web site.
701.2 At a minimum, the game procedures for each game shall contain the following information:
(a) Confirming captions;
(b) Game name;
(c) Game number;
(d) Prize structure;
(e) Play style;
(f) Play symbols;
(g) Ticket order quantity;
(h) Retail sales price; and
(i) Eligibility requirements for a prize drawing, if any.
701.3 The play style for an individual game shall be fully described in the game procedures and may take the form of one of the following methods of play:
(a) Match up;
(b) Add up;
(c) Three in a line;
(d) Key number/symbol match;
(e) Yours beats theirs;
(f) Prize legend;
(g) Cards;
(h) Bingo;
(i) Directional arrows through maze;
(j) Bonus game features; or
(k) Any other approved play style or bonus game feature developed by the Agency.
702 DETERMINATION OF PRIZE WINNER.
702.1 The play symbols shall be used by a player to determine eligibility for instant prizes. Qualifying play symbols are stated in the game procedures.
702.2 A player's eligibility to win a prize is subject to the ticket validation requirements provided in Chapter 600 of this title.
702.3 For each individual game, the player shall rub off the latex covering on the front of the ticket to reveal the play symbols. Eligibility to win a prize is based on the approved play style as follows:
(a) Match up. If the designated number of identical play symbols is revealed on the ticket, the player shall win the prize indicated.
(b) Add up. If the player adds up all of the play symbols printed on the ticket and the amount is greater than or equal to the required total amount printed on the ticket, the player shall win the prize indicated.
(c) Three in a line. If the player reveals three identical play symbols, either diagonally, vertically, or horizontally, on the same ticket, the player shall win the prize indicated.
(d) Key number/symbol match. If the player reveals a play symbol that matches the designated key play symbol, the player shall win the prize indicated.
(e) Yours beats theirs. If the player reveals a play symbol designated as yours that is greater than the play symbol(s) designated as theirs, the player shall win the prize indicated.
(f) Prize legend. If the player reveals the designated number of play symbols, the player wins the prize amount that corresponds to the legend.
(g) Cards. If the player reveals the play symbol needed for that particular card game in a winning combination, the player shall win the prize indicated.
(h) Bingo. If the player matches their Bingo card numbers with all of the Caller's Card numbers and reveals certain patterns as specified on the ticket, the player shall win the prize indicated for that Bingo card and pattern.
(i) Directional arrows through maze. If the player follows the directional arrows to make a path or paths through a maze and the path(s) leads to a prize amount, the player shall win that prize.
(j) Bonus game features. These features are added to the game for extra play value and entertainment. The specific variants, as described below, are used for a particular game and are described in the individual game procedures:
(1) Doubler. If the player reveals the designated play symbol as part of the winning combination of the game, the player doubles their prize. The player may also reveal the "doubler" play symbol in a prize box, in which case the prize amount that the player won is doubled.
(2) Wild card. The player may use this designated play symbol as part of the winning combination of the game.
(3) Double and Double Doubler. If the player reveals one of these designated play symbols as part of the winning combination of the game, the player either doubles or quadruples their prize respectfully, as stated in the game card itself. The player may also reveal the "double" or "double doubler" play symbols in a prize box, in which case the prize amount that the player won is either doubled or quadrupled respectfully, as stated in the game card itself.
(4) Tripler. If the player reveals the designated play symbol as part of the winning combination of the game, the player triples their prize. The player may also reveal the "tripler" play symbol in a prize box, in which case the prize amount that the player won is tripled.
(5) Auto win. If the player reveals the designated play symbol, the player wins the corresponding prize automatically.
(6) Entry ticket. If the player reveals the designated play symbol, the player may use the ticket as a means of entering a drawing, subject to the game procedures for each game.
(k) Any other approved play style or bonus game feature developed by the Agency. If the player reveals the designated play symbols or bonus play features, the player shall win the prize or prizes as indicated.
703 OFFICIAL END OF INSTANT GAMES
703.1 The official end of game date for any instant game shall be the date announced by the Executive Director.
703.2 Instant games may be ended upon the occurrence of any one of the following events:
(a) The instant game has been available to the public for a minimum of thirteen (13) weeks;
(b) Less than fifteen percent (15%) of the instant ticket game remains in the Agency’s inventory or warehouse;
(c) All of the top prizes have been claimed; or
(d) The Executive Director makes a written determination that the game shall be ended immediately in order to ensure the security and integrity of the lottery
704 PULL TAB LOTTERY GAMES
704.1 The Agency may operate a pull tab lottery game. The rules governing the game shall not apply to "charity game tickets" sold by licensed charitable organizations pursuant to the provisions of § 1409 of this title.
704.2 The price of a pull tab ticket shall be fifty cents (50¢) or any other price designated by the Executive Director from a price schedule adopted pursuant to § 500.1 of this title.
704.3 All rules of this title governing the instant games shall apply to pull tab lottery games and tickets except as provided in § 703.4 of this chapter.
704.4 A pull tab ticket is a bearer instrument whether or not a signature appears on the back of the ticket, and the prize is payable to the person who presents the ticket for payment.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the Antar Johnson, Senior Counsel, Lottery and Charitable Games Control Board, 2101 Martin Luther King, Jr., Avenue, S.E., Washington, D.C. 20020, or e-mailed to antar.johnson@dc.gov, or filed online at www.dcregs.gov. Additional copies of these proposed rules may be obtained at the address stated above.
