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HomeMy WebLinkAboutBy-law 6754/07 r" 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 Councilor City of Pickering to conduct Or manage a lottery scheme. (d) "Licensee" means a person to whom a licence is issued. r---. (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 r- (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. r (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. r- BY~LAW NO. 6754/07 Page 3 r-- 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 ,..... prominently display information regarding responsible and problem gambling and information on where people can get help. REFUSAL TO ISSUE OR SUSPENSION/CANCELLATIONOF 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. r- 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". ~ ~ r' 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. .... ~ - '-. - --- r- /""" ~ BY-LAW NO. 6754/07 Page 6 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