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HomeMy WebLinkAbout16 129 Lottery Licensing (2016) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ,140 61(IT/ Of K \NO B - LAW NO. 2016 -129 BEING A BY -LAW TO PROVIDE FOR THE LICENSING OF LOTTERIES AND TO PROVIDE FOR THE APPOINTMENT OF A LOTTERY LICENSING OFFICER WHEREAS pursuant to the Criminal Code of Canada, R.S.C., 1985, c. C -46 Section 207 sets out provisions governing the authority of the provinces relating to the management and conduct of lottery schemes; • AND WHEREAS the Lieutenant Governor has enacted Order -in- Council 1413/08 dated August 12, 2008 to establish regulations for the issuance of lottery licences for charitable purposes for the benefit of residents of Ontario which includes delegated authority for municipalities to issue licences, where it deems it appropriate to do so, to charitable or religious organizations to conduct and manage lottery schemes in accordance with standard terms and conditions, and to impose additional terms and conditions which are relevant to the type of lottery being conducted and local conditions; WHEREAS Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the delegation of its powers and duties; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine adopted a Delegation of Powers and Duties Policy GG 3.7 by By -law No. 2007- 355 on November 21, 2007; AND WHEREAS Council deems it appropriate to delegate certain powers and • duties to staff; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. DEFINITIONS Definitions prescribed by the Province of Ontario pursuant to Order -in Council 1413/08, statutes and policies including definitions identified by the Alcohol and Gaming Commission of Ontario through the Lottery Licensing Policy Manual and related Terms and Conditions documents apply to this by -law and supersede the definitions in this by -law in the event of conflict. For the purposes of this By -law: 1.1 "charitable object or purpose" shall mean any object or purpose relating to, (i) the relief of poverty; • (ii) the advancement of education; (iii) the advancement of religion; or (iv) any other purpose beneficial to the community; Page 2 of 5 Lottery Licensing (2016) By -law By -law No. 2016 - 129 1111 1.2 "charitable organization" shall mean a corporation, organization, association or partnership which is created primarily for a charitable object or purpose in Ontario, is operated not for profit, and includes a religious organization; 1.3 "Clerk" shall mean the Clerk of The Corporation of the Municipality of Kincardine; 1.4 "directive" shall mean a directive made by the Registrar directing a licensee to act or to cease acting in the manner specified in the directive; 1.5 "licence" shall mean licence issued under the Criminal Code (Canada), by or under the authority of the Lieutenant Governor in Council, to conduct or manage a lottery scheme; 1.6 "licensee" shall mean a person to whom a licence is issued; 1.7 "lottery" shall mean a lottery scheme as defined in the Criminal Code (Canada); • 1.8 "Licensing Authority" shall mean the issuer of the licence, either the Registrar or a municipal council; 1.9 "Municipality" shall mean The Corporation of the Municipality of Kincardine; 1.10 "net proceeds" shall mean the gross receipts from the lottery less the cost of the prizes awarded and such expenses and other charges that are incurred, and specified and calculated in accordance with the Registrar's requirements; 1.11 "Registrar" shall mean the Registrar of Alcohol and Gaming. 2. LOTTERY LICENSING OFFICER 2.1 The Clerk of The Corporation of the Municipality or designate is hereby appointed Lottery Licensing Officer for the Municipality 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 which may be imposed by Council. 2.2 The Clerk may assign their powers and duties pursuant to this by -law in writing to a specified designate. 3. LICENCES AND FEE 3.1 No person shall conduct or manage a lottery within the Municipality of Kincardine without a licence, while the licence of such organization is under suspension or without a letter of No Objection from the Municipality for a licence issued by another municipal jurisdiction. 3.2 The Lottery Licensing officer shall have the authority, to issue a licence to an eligible charitable organization for any lottery approved by the Registrar for charitable gaming purposes and to issue a no- objection letter for the operation of a lottery within the Municipality pursuant to a lottery licence issued in another municipal jurisdiction, if it is deemed beneficial to do so. • 3.3 The fees for lottery licences shall be established by the Municipality's Rates and Fees By -law. 3.4 No licence shall be issued until the applicable licence fee has been paid. Page 3of5 Lottery Licensing (2016) By -law By -law No. 2016 - 129 3.5 Notwithstanding Section 3.4, if the Lottery Licensing Officer is unable to determine the final prizeboard for the lottery at the time of application, as • may be the case in a progressive lottery, the licence may be issued prior to fees being paid. 3.6 No licence fee or portion thereof shall be refunded to an organization once a licence has been issued. 4. LICENCE — APPLICATION AND ISSUE 4.1 Every charitable organization wishing to conduct and manage lotteries within the Municipality shall complete an eligibility review with the Lottery Licensing Officer. 4.2 All applications shall be made in the form prescribed by the Registrar. 4.3 The Lottery Licensing Officer shall upon receipt of such an application, together with all required documentation, determine eligibility of the organization and the use of net proceeds using the criteria set out by the Registrar. • 4.4 Each application shall demonstrate that the net proceeds from any given lottery shall be used for causes beneficial to the community of the Municipality of Kincardine. 4.5 Ninety percent of all third party break open ticket locations shall be reserved for lottery licences issued by the Municipality. 4.6 Where the Lottery Licensing Officer is satisfied that it is in the direct best interest of the Municipality, they may refuse to issue a lottery licence, on reasonable grounds, and in doing so may take into account such factors as the number of licences issued and the playing locations already in existence. 4.7 A decision of the Lottery Licensing Officer to refuse an application for a licence may be appealed by the applicant to Council and the decision of Council shall be final. 4.8 Nothing in this by -law obliges the Licensing Authority or Council to issue a licence to any applicant. • 4.9 The Lottery Licensing Officer shall supply a written report to Council on a quarterly basis regarding the lottery licences issued. 5. TERMS AND CONDITIONS 5.1 All terms and conditions, policies and procedures or other guidelines regarding lottery licensing as set out and established by the Registrar as may be amended from time to time, shall apply to any and all lottery events licensed or to be licensed by the Lottery Licensing Officer. 5.2 The Licensee shall comply with all terms and conditions, policies and procedures or other guidelines established by the Registrar or the Lottery Licensing Officer with respect to any lottery licence issued to the licensee. 5.3 Every licensee shall fulfill the reporting requirements as determined by the Registrar. 5.4 Notwithstanding Section 5.3 of this by -law, nothing in this by -law prevents • the Licensing Authority from including additional reporting requirements where it is in the best interest of the public to do so or where doing so protects the integrity of the organization or lottery. 6. SUSPENSION OR CANCELLATION OF A LOTTERY LICENCE Page 4 of 5 Lottery Licensing (2016) By -law By -law No. 2016 - 129 6.1 The Lottery Licensing Officer may at any time suspend, cancel or refuse to issue or renew a licence where: • (a) there has been a breach of any term, condition, directive or standard; (b) there are reasonable grounds to believe that the applicant or licensee will not conduct and manage the lottery scheme in accordance with the law or with honesty or integrity; (c) in their opinion it is in the public interest to do so; or (d) an applicant or licensee fails to submit financial reports or other information in accordance with the Registrar's requirements. 6.2 Where the Municipality receives a directive from the Registrar that a person or organization is not eligible for a licence, no licence shall be issued to that person or organization, and where that person or organization already holds a licence under which a lottery is yet to be held, the Municipality shall notify the Registrar of the existing licence and the licence may be revoked. 6.3 A decision of the Lottery Licensing Officer to suspend, cancel or revoke a • licence may be appealed by the applicant to Council and the decision of Council shall be final. 7. ENFORCEMENT 7.1 The Lottery Licensing Officer or an officer of the Ontario Provincial Police has the authority to: a) investigate suspected contraventions of the terms and conditions of the licensed lottery scheme; b) investigate suspected financial and management improprieties of licensed organizations and persons; and c) conduct and perform audits of licensed organizations. 7.2 Where the Lottery Licensing Officer or an officer of the Ontario Provincial Police 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 any regulations set out by the Registrar, they 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 Ontario Provincial Police in the execution of their duty under or in the administration of this by -law. 8. VALIDITY /SEVERABILITY 8.1 Should any section or sections of this by -law be declared to be invalid by a court of competent jurisdiction, the same shall not affect the validity of this by -law as a whole or any part thereof, other than the part that was declared invalid. 9. CONTRAVENTIONS AND PENALTIES 9.1 Every person who contravenes this By -law is, upon conviction, guilty of an offence and is liable to a fine under the Provincial Offences Act, R.S.O. 1990, of not more than $5,000 exclusive of costs. 9.2 Every person who contravenes any provision of this by -law or the policies and procedures as set out by the Registrar may be guilty of an offence under the Criminal Code of Canada. • 10. MISCELLANIOUS Page 5 of 5 Lottery Licensing (2016) By -law By -law No. 2016 - 129 10.1 That By -law No. 1999 — 27 and By -law No. 2007 — 077 are hereby repealed. • 10.2 This e. by-law shall come into full force and effect upon its final passage. p p g 10.3 This by -law may be cited as the "Lottery Licensing (2016) By -law ". READ a FIRST and SECOND TIME this 16th day of November, 2016. READ a THIRD TIME and FINALLY PASSED this 16th day of November, 2016. Mayor Clerk • • •