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
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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