Amusement game operators must conduct games in which the outcome depends to a material degree on the skill of the player. We consider a "material degree of skill" to be present when both of these requirements are met:

1. (1) The player's physical or mental abilities play an important and integral role in determining the outcome of the game; and
2. (2) The success rate of the average player would improve with repeated play or practice.

[Statutory Authority: RCW 9.46.070. WSR 07-15-064 (Order 612), § 230-13-100, filed 7/16/07, effective 1/1/08.]