HomeMy WebLinkAbout94-30
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fi,MENDED BY
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 94-30
BEING A BY-LAW TO PROVIDE FOR THE ISSUANCE OF
LICENCES TO MANAGE AND CONDUCT BINGO LOTTERIES,
BREAK OPEN TICKET (NEVADA) LOTTERIES, LOTTERY
SCHEMES AT BAZAARS AND RAFFLE LOTTERIES
WHEREAS, a municipal council may, where it deems it to be in the
best interest of the inhabitants of the municipality, issue a
licence authorizing an eligible charitable or religious
organization to manage and conduct a bingo lottery, a raffle
lottery, a break-open ticket (nevada) lottery, or a lottery
scheme held at a bazaar where the proceeds are used for a
charitable or religious purpose benefitting the residents of
Ontario:
AND WHEREAS, terms and conditions prescribed by the Province of
Ontario provide that a municipal council may issue a licence
authorizing a charitable or religious organization to manage and
conduct lotteries:
AND WHEREAS, the Council of the Corporation of the Municipality
of Clarington deems it expedient in the best interest of the
inhabitants of the Municipality to issue such licences, subject
to certain terms and conditions imposed by the Municipality:
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
DEFINITIONS
1.(1)
In this by-law:
(a) "bingo lottery" means a bingo lottery scheme in
which the total value of all prizes to be awarded
within the operation of a single occasion lottery
does not exceed $5,500.00 cash or merchandise at
equivalent market retail value:
(b) "break open ticket (nevada) lottery" means a break
open ticket lottery scheme in which the value of
any prize awarded does not exceed $100.00 and in
which tickets retail for a maximum of $ .50 and
conform with ticket quantities, prices and prize
payouts as are provided in the terms and
conditions prescribed by the Province of Ontario;
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2.
( a)
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(c) a "lottery scheme held at a bazaar" means a
lottery event during which the only lottery
schemes authorized to be played are:
a maximum of three wheels of fortune where
individual bets are no more than $2.00,
a raffle lottery not exceeding $500.00 in
prizes, and
a bingo lottery not exceeding $500.00 in
prizes.
(d) "raffle lottery" means a raffle lottery scheme in
which the total value of all prizes to be awarded
within the operation of a single occasion lottery
does not exceed $50,000.00 cash or merchandise at
equivalent retail value;
(e) "charitable or religious organization" means an
organization which performs services of public
good or welfare without porfits and includes an
organization designated as such by the Minister of
Consumer and Commercial Relations;
(f) "charitable object or purpose" means any object or
purpose relating to:
the relief of poverty;
the advancement of education;
the advancement of religion; or
any other purpose beneficial to the
community.
(g) "Clerk" means the Clerk of the Corporation of the
Municipality of Clarington or his/her designate;
(h) "Council" means the Council of the Corporation of
the Municipality of Clarington; and
(i) "municipality" means the Corporation of the
Municipality of Clarington.
GENERAL
No organization, other than a charitable or
religious organization, shall manage or conduct a
bingo lottery, a break open ticket (nevada)
lottery, a lottery scheme held at a bazaar or a
raffle lottery within the corporate limits of the
Municipality.
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(b) No organization shall manage or conduct a bingo
lottery, a break open ticket (nevada) lottery, a
lottery scheme held at a bazaar or a raffle
lottery within the corporate limits of the
Municipality unless such organization has obtained
a licence to do so from the Municipality or the
Province of Ontario.
(c) Every organization requiring a licence for a bingo
lottery, a break open ticket (nevada) lottery, a
lottery scheme held at a bazaar or a raffle
lottery shall make an application to the
Municipality upon such forms as are prescribed by
the Province of Ontario.
3. The Clerk is hereby appointed Lottery Licensing Officer in
and for the Municipality of Clarington and in connection
therewith shall:
(a) Receive all lottery licence applications and financial
reports from eligible charitable organizations.
(b) Upon receipt of such an application, together with all
required documentation, make, or cause to be made, all
investigations which are deemed necessary or which are
required by law or by the Council relative to the
application.
(c) Submit each lottery licence application to the Durham
Regional Police Service for review and report, and it
shall be the duty of the Durham Regional Police Service
to review each lottery licence application and to
submit to the Lottery Licensing Officer a report
setting out their recommendation.
(d) (i)
CHARITABLE ORGANIZATION - FIRST TIME
APPLICANT
Upon receipt of a favourable report from the
Durham Regional Police Service and the first
time applicant Charitable Organization
meeting all Provincial and Municipal
requirements, the application for a lottery
license shall be submitted to Council for
their consideration. If Council approves the
application, the Lottery Licensing Officer
shall issue the appropriate lottery license.
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(ii) CHARITABLE ORGANIZATION WHICH HAS PREVIOUSLY
RECEIVED COUNCIL APPROVAL FOR A LOTTERY
LICENSE
Upon receipt of a favourable report from the
Durham Regional Police Service and the
previously licensed Charitable Organization
applicant meeting all provincial and
Municipal requirements, the Lottery Licensing
Officer shall issue the appropriate Lottery
License.
(iii)
If the investigations disclose any reason to
believe that the carrying on of the bingo
lottery, the break open ticket lottery, the
lottery scheme held at a bazaar or the raffle
lottery, as the case may be, may result in
any breach of Order-in-Council, any terms and
conditions prescribed by the Province of
Ontario, or any by-law of the Municipality,
or approval of the application may in any way
be adverse to the public interest, the
licence application shall be referred to
Council for disposition. If denied by
Council, the licence shall not be issued by
the Lottery Licensing Officer.
4. (1) MUNICIPAL LOTTERY LICENSING FEES
Every organization making application for a licence to
manage and conduct a bingo lottery, a break open ticket
(nevada) lottery, a lottery scheme held at a bazaar or
a raffle lottery, shall submit with their application
payment of the applicable licence fee, payable to the
Municipality as noted hereunder:
(a) Break Open Ticket (Nevada) Lotterv - a fee of 3%
of the total prize value for each box of tickets;
(b) Bingo Lottery - a fee of 2% of the total value of
all prizes to be awarded within the operation of
the bingo lottery;
(c) Lotterv Scheme at a Bazaar - a fee of $3.00 for
each game to be operated at the bazaar; or,
(d) Raffle Lottery - a fee of 3% of the total value of
all prizes to be awarded in the raffle lottery
provided, however, that the minimum licence fee
shall be $10.00.
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(2) If, for any reason, an application for a bingo lottery
licence, a break open ticket lottery (nevada) licence,
a lottery scheme held at a bazaar licence or a raffle
lottery licence is not approved, the fee submitted with
the application shall be returned to the applicant
organization.
EXCEPTIONS
5. Notwithstanding the terms and conditions prescribed by the
Province of Ontario relating to the management and conduct
of a break open ticket (nevada) lottery, a charitable or
religious organization shall be allowed to conduct a break
open ticket lottery in a commercial or retail outlet subject
to the following conditions:
(a) The sale of tickets shall be limited only to one
location within the boundaries of the Municipality;
(b) The written authorization and approval of the owner of
the premise from which the tickets are to be sold shall
accompany the application to conduct the break open
ticket (nevada) lottery;
(c) A copy of the Provincial Registration Number of the
owner of the premise from which the tickets are to be
sold shall accompany the application to conduct the
break open ticket (nevada) lottery; and
(d) All other terms and conditions prescribed by the
Province of Ontario shall be complied with.
LICENCE SUSPENSION AND CANCELLATION
6. The Council may suspend or cancel a licence issued under the
authority of this by-law for the breach of any term or
condition prescribed by the Province of Ontario, the
Criminal Code of Canada, an Order-in-Council or any by-law
of the Municipality.
SHORT TITLE
7. This by-law may be referred to as the Lottery Licensing
By-law.
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REPEAL OF EXISTING BY-LAWS
8. Former Town of Newcastle By-law No. 87-91 is hereby
repealed.
9. The provisions of this by-law shall come into force and
effect on the 1st day of June, 1994.
BY-LAW read a first and second time this 28th, day of February, 1994.
BY-LAW read a third time and finally passed this 28~h, day of February,
1994.
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