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HomeMy WebLinkAboutCS 24-09 C4~ °0 REPORT TO COUNCIL Report Number: CS 24-09 PI KERI Date: June 15, 2009 144 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Proposed Amendment to Lottery Licensing By-law 6754/07 Recommendation: 1. That Report CS 24-09 of the Director, Corporate Services & Treasurer be received; 2. That the enforcement of Section 6 to Lottery Licensing By-law 6754/07 be suspended for a period of two years to assist Durham Charities with fundraising opportunities; and 3. That the appropriate staff of the City of Pickering be given authority to give effect thereto. Executive Summary: The Hideway Bingo Hall in the Town of Whitby has recently closed their doors and left 35 Charities displaced. At this time the Council of the Town of Whitby has requested through correspondence dated May 13, 2009, our assistance in placing these Charities at the Delta Bingo Hall in Pickering and the Red Barn Bingo Hall in Oshawa. In order to facilitate this request, Section 6 of Lottery Licensing By-law 6754/07 needs to be suspended. Financial Implications: No financial implications for the City of Pickering at this time. Sustainability Implications: The charitable organizations that operate bingos throughout Durham Region are an integral part of a sustainable community in the areas of a healthy society and healthy communities. Report CS 24-09 Date: June 15, 2009 Subject: Proposed Amendment to Lottery Licensing By-law 6754/07 Page 2 i 45 Background: Over the last few years the bingo industry and charities associated with Bingo Halls have been suffering through the reduction in participants and an increased competition with casinos. Due to these closures the Charities that are licensed from these halls lose the opportunity to fundraise for their communities. Recently the Hideaway Bingo Hall in Whitby closed its doors leaving 35 charities with no Bingo Hall to facilitate fundraising opportunities. In recent weeks discussions have been ongoing with the Town of Whitby, the Alcohol and Gaming Commission of Ontario, the City of Oshawa, the Delta Bingo Hall in Pickering and the Red Barn Bingo Hall in Oshawa regarding the closing of the Hideway Bingo Hall in Whitby and the displacement of the 35 charities. Further to these discussions we have been advised by the Delta Bingo Hall and the Mayfair Bingo Association that they are willing to adjust their schedule to accommodate 9 displaced charities with 1 session per month. In order for us to assist the Whitby Charities we would have to suspend the enforcement of Section 6. The City of Pickering's Lottery Licensing By-law 6754/07, Section 6, states that in order for the Charity to pass the eligibility requirements put in place by the City of Pickering, it must provide services to the residents of Pickering and be based in Pickering or provide services within the Durham Region to a significant number of Pickering residents. In 2008 we had a similar situation with the Bingo Hall closing in Ajax and at that time we were able to accommodate a few of the Ajax Charities that met the geographical requirements into the Delta Bingo Hall. Under Section 6 of our by-law the geographical requirement would eliminate most of the Whitby Charities from applying for a bingo licence with the City of Pickering. At this time the Whitby Charities are asking that Durham Region open their doors to them by eliminating or suspending the geographical requirement. The future of many regional volunteer groups has been jeopardized by the closure of Bingo Halls. Bingo Halls and Charitable Bingo Associations are requesting municipalities and the Alcohol and Gaming Commission of Ontario to look at a Durham Region Bingo Plan where all charities no matter where they are located have the opportunity to fundraise where bingo sessions are available within Durham Region. Currently the charities licensed at the Delta Bingo Hall in Pickering are satisfied with the number of time slots they have and have offered to give up 9 sessions to assist the Whitby Charities. Also at this time we have no Pickering Charities that are on a waiting list for placement. Based on this information staff is recommending we suspend the geographical requirement under Section 6 for a two year period to assist the displaced charities. At the end of the two year suspension staff will report back on the suspension of Section 6 and how it is affecting the fundraising efforts for Pickering. Report CS 24-09 Date: June 15, 2009 Subject: Proposed Amendment to Lottery Licensing By-law 6754/07 Page 3 146 Analysis: Bingo Halls are a very important component to charity fundraising and as Bingo Halls continue to close, charity fundraising opportunities disappear. All parties agree that as neighbouring communities we need to assist each other so that Durham Region as a whole benefits from the good work our non-profit charities provide to our communities. Attachments: 1. Correspondence from the Town of Whitby dated May 13, 2009 2. By-law 6754/07 Prepared By: Approved / Endorsed By: I"n " Debbie Shields Debi A. Wilcox Deputy Clerk City Clerk c Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Recommended for the consideration of Pickerin City Council Thomas J. inn, RDMR., CMM I Chief Admi istrative Officer THE CORPORATION OF THE TOWN OF WHITBY 147 In the Regional Municipality of Durham TELEPHONE ot, ~F 7yf TO MUNICIPAL BUILDING 905-668-5803 575 Rossland Road East Q,. y TORONTO Whitby, Ontario 905-686-2621 0 Canada FAX I`1` ~°,A :.:.r - UN 2MB 905-686-7005 q ,ww.whitby.ca NOORPORATED 115- F A)f f u 2009 Af A ATTACHMIENT#_j_- f0 REPORT# C S a y- 09 CLERK'S D s f Yn ~ 4 May 13, 2009 Debi Wilcox, City Clerk City of Pickering One the Esplanade Pickering, ON L1 V 6K7 Re: Bingo Licensing in Whitby Please be advised that the Town of Whitby Council at its Special meeting held on Monday, May 11, 2009 passed the following resolution: That Whitby Town Council request the Cities of Oshawa and Pickering amend their respective Bingo licensing by-laws pertaining to eligibility such that charities that previously conducted Bingo at the Hideaway Bingo Hall in Whitby are eligible to conduct bingo at halls in Oshawa and Pickering. I trust this matter will receive your Council's full consideration. Many thanks for your kind attention. Martha A. Pettit Deputy Clerk Copy: D. Shields, City of Pickering, Deputy Clerk -a A f K. Nix, Director of Corporate Services/Treasurer P. Jones, Town Clerk S. Cassel, Licensing Clerk ATTACHMENT# TO REPORT# C S D y "0 ~l THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6754/07 Being a by-law to provide for the Appointment of Lottery Licensing Officer and to provide for the Licensing of Bingos, Raffles and Other Lottery Schemes WHEREAS by Order-in-Council 2688-93 dated October 27, 1993, municipal councils are empowered to issue a licence 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 licence for a lottery scheme and in so doing may take into account such factors as the number of licences issued and the playing locations already in existence in the community; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law: (a) "Charitable Object or Purpose" includes any object or purpose for: i) the relief of poverty; ii) the advancement of education; iii) the advancement of religion; or iv) other charitable purposes beneficial to the community. (b) "Charitable Organization" and "Non-profit Organization" includes an organization which is created primarily for a charitable object or purpose in Ontario, is operated not for profit, and includes a religious organization. (c) "Licence" means a licence issued under the authority of the Lieutenant Governor in Council or City of Pickering to conduct or manage a lottery scheme. (d) "Licensee" means a person to whom a licence is issued. (e) "lottery" means a scheme that involves a prize, a chance to win a prize, and includes a regular and special bingo lottery, a media bingo lottery, a raffle lottery, a bazaar lottery, or a break open ticket lottery (Nevada). BY-LAW NO. 6754/07 Page 2 9 (f) "Lottery Event" means a single occasion at which a lottery scheme is conducted. (g) "Lottery Licensing Officer" means any employee or representative of the City Clerk, including his/her designate who have been authorized to administer licences. (h) "Person" means. a corporation, organization, association or partnership, including a charitable organization. (e) "Registrar" means The Registrar of Alcohol and Gaming Commission of Ontario under the Alcohol and Gaming Regulation and Public Protection Act, 1996. APPOINTMENT AND AUTHORITY 2. Appointment of Lottery Licensing Officer. (a) The City Clerk is appointed as Lottery Licensing Officer for the purpose of regulating and enforcing the provisions of this by-law and shall exercise all the authority, powers and rights and shall perform all the duties and obligations which by statute or by-law are or may be conferred or imposed upon the Lottery Licensing Officer. (b) Notwithstanding 2(a), the Lottery Licensing Officer may assign his or her duties with respect to this by-law to any person or persons designated by him or her, and in such case, the person or persons designated shall be responsible for the administration of this by-law. APPLICATION 3. An application for a licence to conduct and manage a lottery scheme shall be submitted to the Lottery Licensing Officer who shall determine if the application complies with Order-in-Council 2688/93, any regulations, and the provisions of this by-law. 4. Applications for a first licence, shall be made to the Lottery Licensing Officer no later than 30 days prior to the date of the lottery event. 5. A licence issued under this by-law is not transferable. 6. In addition to the eligibility requirements of the Gaming Control Act and Regulations, applicants for Lottery Licencing must provide services to the residents of Pickering and be based in Pickering or provide services within the Durham Region to a significant number of Pickering residents. BY-LAW NO. 6754/07 Page 3 150 7. Notwithstanding section 6 of this by-law, all charities not in the geographic location of Durham Region that are licenced as of the passing of this by-law with the City of Pickering will continue to be licenced by the City as long as the charity continues to have a licence in good standing with the City of Pickering. 8. Applications for City approval of Provincially licensed events shall be exempt from the requirements of section 6 and shall be approved provided the requirements of the Gaming Control Act and/or Regulations are met. LICENCE FEES 9. The charitable organization shall pay to the City, at the time of issuance of the licence a fee in the amount set out in Schedule "A" to this by-law. TERMS AND CONDITIONS 10. In addition to such terms and conditions as may be imposed by the Registrar, each licence shall be subject to the following terms and conditions: (a) The licensee shall comply with sections 206 and 207 of the Criminal Code of Canada; (b) The licensee shall comply with the provisions of Order-in-Council 2688/93; (c) The licensee shall comply with all the terms and conditions set out on or attached to the licence; (d) the licensee shall comply with all provincial and municipal policies and procedures; and (e) The licensee shall conduct or allow to be conducted only the type of lottery event or events provided in the application and the licence. (f) No person shall conduct or permit or cause a charitable organization to and no charitable organization shall conduct or manage a bingo lottery, a break open ticket lottery, a raffle lottery, or a lottery scheme held at a bazaar without a valid licence in respect thereof. 11. In addition to such special terms and conditions as may be imposed by the Registrar, any building or premises registered, where a charitable organization proposes to conduct and manage any bingo lottery event or events shall BY-LAW NO. 6754/07 Page 4 1 51 prominently display information regarding responsible and problem gambling and information on where people can 'get help. REFUSAL TO ISSUE OR SUSPENSION/CANCELLATION OF LICENCE 12 Where the Lottery Licensing Officer determines that the application does not comply with Order-in-Council 2688/93, any regulations, or provisions of this by- law, the Lottery Licensing Officer shall not issue a licence, but shall give notice of the decision not to issue a licence by mail to the charitable organization within a reasonable time thereafter. 13. If the licensee fails to comply with any of the provisions of this by-law, the provisions of Order-in-Council 2688/93 and amendments thereto, the terms and conditions applicable to such licence, or section 206 and 207 of the Criminal Code of Canada, the Lottery Licensing Officer may suspend or cancel such licence. Upon suspension or cancellation of a licence, the Lottery Licensing Officer shall give notice to the licensee by mail within a reasonable time thereafter. 14 Where a licence has been suspended or cancelled, the licensee shall be entitled to a refund of a part of the licence fee proportionate to the unexpired term for which the licence was granted. ENTRY 15. The Lottery Licensing Officer and such officers as the Registrar or the Lottery Licensing Officer may appoint and all peace officers shall, at all reasonable times, have direct and unencumbered access to the building or premises wherein a lottery event is taking place, to enquire into the nature, management and conduct of the lottery event or events for which the licence has been granted, either prior to, during, or after the conclusion of such lottery event. POSTING OF LICENCE 16. Where the licence applies to premises or a building wherein a lottery event or events are taking place, the licensee shall keep the licence posted in a conspicuous place. 17. Where the licence does not apply to premises or a building wherein a lottery event or events are taking place, the licensee shall produce the licence upon demand. SHORT TITLE 18. This by-law shall be known as the "Lottery Licensing By-law". BY-LAW NO. 6754/07 Page 5 REPEALED 19. By-laws 44/74, 3929/92 and 5972/02, are hereby repealed. EFFECTIVE DATE 20. This by-law comes into force and effect on May 1, 2007. BY-LAW read a first, second and third time and finally passed this 16th day of April, 2007. David Ryan, Mayor Debi A. Bentley, City Clerk BY-LAW NO. 6754/07 Page 6 153 SCHEDULE "A" LICENCE FEES The following shall be the prescribed per-event lottery scheme licensing fees under this by-law: Bingo Lottery Licence $60.00 per event Media Bingo Licence $60.00 per event Break Open Ticket Licence 1.5% of the total value of prizes to be awarded Bazaar Licence 1.5% of the total value of prizes to be awarded with a minimum of $15.00 Raffle Licence 1.5% of the total value of prizes to be awarded with a minimum of $15.00