HomeMy WebLinkAbout99 027 Lottery Licencing
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TIm CORPORATION OF lHE TOWNSHIP OF KINCARDINE~BRUCE- TIVERTON
BY-LAW
NO. 1999 - 27
A BY~LAW TO PROVIDE FOR THE APPOINTMENT OF A LOTTERY LICENSING
OFFICER AND TO PROVIDE FOR THE LICENSING OF BINGOS, RAFFLES
AND OTHER LOTTERY SCHEMES
WHEREAS by Order-in-Council 2688 dated October 27, 1993, municipal councils are
empowered to issue a license authorizing any charitable or religious organization to
conduct and manage a lottery scheme;
AND WHEREAS Section 20 of the said order-in-Council provides that where a
municipal council is satisfied that it is in the best interests of the community to do so, it
may refuse on reasonable grounds to issue a license for a lottery scheme and in so
doing may take into account such factors as the number of licenses issued and the
playing locations already in existence in the community;
AND WHEREAS the Council of The Corporation of the Township of Kincardine-Bruce-
Tiverton is satisfied, pursuant to Section 20 of the said, Order-in-Council, that it is in the
best interest of the community to limit the numbers of licenses issued in the Township
of Kincardine-Bruce-Tiverton;
NOW THEREFORE the Council for The Corporation of the Township of Kincardine-
Bruce- Tiverton ENACTS as follows:
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1.0 DEFINITIONS:
For the purposes of this By-Law:
1.1 Charitable Oraanization shall be an organization which performs services of
public good and welfare without profit and includes an organization designated
as such by the Minister upon the recommendation of the Inter-Departmental
Committee on Lotteries.
1.2 Lottery shall mean a scheme that involves a prize, and includes a regular and
special bingo lottery, a media bingo lottery, a super jackpot bingo lottery, a raffle
lottery, a bazaar lottery and a break open ticket lottery (Nevada)
1.3 Minister shall mean the Minister of Consumer and Commercial Relations of
Ontario.
1.4 Charitable obiect or Purpose shall mean any object or purpose:
a) for the relief of poverty
b) for the advancement of education
c) for the advancement of religion; or
d) beneficial to the community
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Lottery Licencing By-Law
No. 1999~27
Page 2 of 6
1.5 Municipality shall mean The Corporation of the Township of Kincardine-Bruce-
Tiverton.
2.0 LOTTERY LICENSING OFFICER
2.1 The Municipal Treasurer of The Corporation of the Township of Kincardine-
Bruce-Tiverton is hereby appointed Lottery Licensing Officer for the Township of
Kincardine-Bruce- Tiverton and shall exercise all the authority, powers and rights
and shall perform all the duties and obligations which by statute or by-laws are or
may be conferred or imposed upon the Lottery Licensing Officer and any other
duties that may be imposed by Council.
3.0 LICENSES AND FEES
3.1 For the purposes of this by-law, the Lottery Licensing officer shall issue the
following classes of licenses:
3.1.1 Reaular and Special Bingo which authorizes the conduct and management of
regular and special bingo lottery.
3.1.2 Media Binao Lottery License which authorizes the conduct and management of a
media bingo.
3.1.3 Super Jackpot Binao which authorizes the conduct and management of super
jackpot bingo lottery.
3.1.4 Raffle Lottery License which authorizes the conduct and management of raffle
with a prize value not to exceed $10,000.
3.1.5 Bazaar Lottery License which authorizes the conduct and management of lottery
scheme at a bazaar.
3.1.6 Break open Ticket (Nevada) License which authorizes the conduct and
management of break open ticket lottery.
3.2 Raffle Lottery Licenses with a prize value in excess of $10,000 and less than
$50,000 shall be approved by the Council of the Corporation of the Township of
Kincard ine-Bruce- Tiverton.
3.3 Raffle Lottery Licenses with a prize value in excess of $10,000 shall have
attached to the application a letter of credit in the amount of the prize value to be
held as security by the Municipality.
3.4 No license shall be issued until the applicable license fee has been paid.
3.5 The fees for lottery licenses shall be established by the Municipality's
Consolidated Fee By-Law.
3.6 No license fee or portion thereof shall be refunded to an organization once a
license has been issued.
4.0 LICENSE - APPLICATION AND ISSUE
4.1 The application for a license shall be in the form prescribed by the Minister.
4.2 Upon issuance, a copy of the application and the license shall be forwarded by
the Lottery Licensing Officer to the South Bruce O.P.P.
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Lottery Licencing By~Law
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4.3 Upon application by any Canadian charitable or religious organization, the
Lottery Licensing officer is hereby authorized from time to time to issue or to
approve the issuance of a license to permit such organization to conduct and
manage a regular and special bingo lottery, a media bingo lottery, a super
jackpot lottery, a raffle lottery, a bazaar lottery, a break open ticket (Nevada)
lottery within the Township of Kincardine-Bruce-Tiverton if:
4.3.1 The proceeds from the lottery scheme are used for a charitable or
religious object or purpose in the Province of Ontario;
4.3.2 The amount or value of each prize awarded or the money or other
valuable consideration paid to secure a chance to win a prize or the total
value of all prizes to be awarded, as the case may be, does not exceed
the amount specified in this by-law for the class of license applied for;
4.3.3 Pyramiding of games is not to be permitted;
4.3.4 Games of a type or kind known as razzle dazzle, roll down, three card
monte, punch board, coin table, any dice game of variation thereof are not
to be operated; and,
4.3.5 Such organization is otherwise eligible under the provisions of this by-law
to be issued a license.
4.4
Each application shall demonstrate that the proceeds from any given lottery
scheme shall used for causes beneficial to the Township of Kincardine-Bruce-
Tiverton.
4.5
Ninety percent of all third party break open ticket locations shall be reserved for
licenses issued municipally, by the Township of Kincardine-Bruce-Tiverton.
4.6
The Lottery Licensing Officer and all police officers shall, at all reasonable times,
have direct and unencumbered access to inquire into the nature, management
and conduct of the proceedings for which the license has been granted, either
prior to, during or after the conclusion of such proceedings.
4.7 A license issued under this by-law shall continue in force during the pleasure of
Council and is not assignable or transferable.
4.8 A decision of the Lottery Licensing Officer. to refuse an application for a license
may be appealed by the organization to Council and the decision of Council shall
be final.
4.9 Subject to Section 4.8 of this by-law, nothing in this by-law obliges the Lottery
Licensing Officer or Council to issue a license.
4.10 No person or organization shall conduct or manage a lottery in the Township of
Kincardine-Bruce- Tiverton without a license or while the license of such person
or organization is under suspension.
5.0 TERMS AND CONDITIONS
5.1 Every licensee licensed under the provisions of this by-law to conduct a Raffle
Lottery has a duty to ensure that each such Raffle Lottery is conducted in
accordance with the provisions of this by-law and in accordance with the "Terms
and Conditions" for the conducting of Raffle Lotteries issued by the Ministry of
Consumer and Commercial Relations of Ontario and set out in Schedule "An of
this by-law.
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Lottery Licencing By-Law
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5.2 The Lottery Licensing Officer may, at any time, suspend, cancel or refuse to
renew a Raffle Lottery license of any licensee that breaches any of the
provisions of this by-law or any of the "Terms and conditions" for the conducting
of Raffle Lotteries set out in Schedule "All of this by-law.
5.3 Every licensee licensed under the provisions of this by-law to conduct a Break
Open Lottery has a duty to ensure that each such Break Open Lottery is
conducted in accordance with the provisions of this by-law and in accordance
with the "Terms and Conditions" for the conducting of Break Open Lotteries
issued by the Ministry of Consumer and Commercial Relations of Ontario and set
out in Schedule "B" of this by-law.
5.4 The Lottery Licensing Officer may, at any time, suspend, cancel or refuse to
renew a Break Open Lottery license of any licensee that breaches any of the
provisions of this by-law or any of the "Terms and Conditions" for the conducting
of Break Open Lotteries set out in Schedule "B" of this by-law.
5.5 Every licensee licensed under the provisions of this by-law to conduct a Bazaar
Lottery has a duty to ensure that each such Bazaar Lottery is conducted in
accordance with the provisions of this by-law and in accordance with the IT erms
and Conditions" for the conducting of Bazaar Lotteries issued by the Ministry of
Consumer and Commercial Relations of Ontario and set out in Schedule "C" of
this by-law.
5.6 The Lottery Licensing Officer may. at any time, suspend. cancel or refuse to
renew a Bazaar Lottery license of any licensee that breaches any of the
provisions of this by-law or any of the "Terms and Conditions" for the conducting
of Bazaar Lotteries set out in Schedule "C" of this by-law.
5.7 Every licensee licensed under the provisions of this by-law to conduct a Regular
and Special Bingo Lottery, media Bingo Lottery or Super Jackpot Bingo Lottery
has a duty to ensure that each such Bingo Lottery is conducted in accordance
with the provisions of this by-law and in accordance with the "Terms and
Conditions" for the conducting of Regular and Special Bingo Lottery, Media
Bingo Lottery or Super Jackpot Bingo Lotteries issued by the Ministry of
Consumer and Commercial Relations of Ontario and set out in Schedules "'0",
"E" and "F" of this by-law.
5.8 The Lottery Licensing Officer may, at any time, suspend, cancel or refuse to
renew a Regular and Special Bingo Lottery, media Bingo Lottery or Super
Jackpot Bingo Lottery license of any licensee that breaches any of the provisions
of this by-law or any of the "Terms and Conditions" for the conducting of Bingo
Lotteries set out in Schedules "0", "E" and "F" of this by-law.
5.9 Every place except a school or a church where a bingo lottery is proposed to be
conducted and is conducted shall be licensed under the provisions of the by-law
of the Council providing for the licensing and regulating ot public halls.
6.0 ADDITIONAL PROVISIONS
6.1 Where, in the opinion of the Lottery Licensing Officer, there is an insufficient
demonstration that the proceeds used for any lottery scheme will benefit the
Township of Kincardine-Bruce-Tiverton, the Lottery Licensing Officer will deter
issuance of the license until such time as a resolution of Council is obtained
directing the issuance of the lottery license.
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6.2 The Lottery Licensing Officer shall supply a written report to Council quarterly,
denoting the following:
6.2.1 The organizations that have received licenses;
6.2.2 The type of license issued;
6.2.3 The amount of license fees received;
6.2.4 The third party locations used for the sale of Break Open tickets;
6.2.5 The amount of proceeds derived from each lottery license.
6.4 The Lottery Licensing Officer shall adhere to the provisions of this By-Law and to
any legislation enacted by the Province of Ontario that applies to charitable
gaming.
7.0 ENFORCEMENT
7.1 Where the Lottery Licensing Officer or an officer of the South Bruce O.PP. has
reason to believe that during the conduct of a lottery, there exists a breach of
any of the provisions of this by-law or of any of the "Terms and Conditions" or
"Interim Terms and Conditions" that are part of this by-law, he/she may order the
licensee or its officers, agents or servants to forthwith cease from further
conducting the lottery.
7.2 Where the Lottery Licensing Officer or an officer of the South Bruce O.P.P. has
reason to believe that during the conduct of a lottery, there exists a breach of
any of the provisions of this by-law or of any of the ''Terms and Conditions" or
"Interim Terms and Conditions" that are part of this by-law, he/she may order the
licensee or its officers, agents or servants to forthwith cease from further
conducting the lottery.
7.3 No person or organization shall obstruct or interfere with the Lottery Licensing
officer or an officer of the South Bruce O.P.P. in the execution of his/her duty
under or in the administration of this by-law.
8.0 EXEMPTIONS
8.1 This by-law does not apply to any lottery scheme within the Township of
Kincardine-Bruce-Tiverton conducted or managed:
8.1.1 By the Government of Canada or by any person under a license issued by
or under the authority of the Government of Canada;
8.1.2 By the Province of Ontario or by any person under a license issued by or
under the authority of the Province of Ontario;
8.1.3 By an agricultural fair or exhibition or an operator of a concession leased
by an agricultural fair or exhibition board within its own grounds and
operated during the period of the annual fair on those grounds.
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Lottery Licencing By-Law
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9.0 SUNDRY
9.1 Every person who contravenes any provisions of this by-law is guilty of an
offence and is subject to the penalties as prescribed in the Provincial Offences
Act, R.S.O. 1990, c.P.33.
9.2 This by-law shall come into full force and effect upon its final passage.
9.3 This by-law may be cited as the "Lottery Licensing By-law".
READ a FIRST and SECOND time this 24th day of March, 1999.
READ a THIRD time and FINALLY PASSED this 7th day of April, 1999.
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