HomeMy WebLinkAbout87-91
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87- 91
being a by-law respecting lotteries
WHEREAS His Honour The Lieutenant Governor of Ontario, under the authority of
Sections 189 and 190 of the Criminal Code has, by Order-in-Council No. 274/70 as
amended, named municipal councils as agents to issue licences authorizing any
charitable or religious organization to conduct and manage a bingo lottery, a
raffle lottery, or a lottery scheme held at a bazaar in accordance with the
requirements contained in such Orders-in-Council;
AND WHEREAS the said Orders-in-Council further provide that a municipal council
may set and charge fees for the issuing of licences, provided the fees charged do
not exceed such limits as may be prescribed by the Minister of Consumer and
Commercial Relations;
AND WQEREAS the Municipal Act provides that the councils of all municipalities may
pass by-laws to appoint such officers and servants as may be necessary for the
purposes of the Corporation;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY
ENACTS AS FOLLOWS:
1. The Council of the Corporation of the Town of Newcastle, where it deems
it expedient in the best interests of the inhabitants to do so, may issue
a licence authorizing any charitable or religious organization to conduct
and manage a bingo lottery, a raffle lottery, a bazaar-monte carlo lottery
or a lottery scheme held at a bazaar, on condition that the proceeds from
the bingo lottery, raffle lottery, bazaar-monte carlo lottery or a lottery
scheme held at a bazaar are to be used for a charitable or religious
object or purpose in Ontario.
2. The Town Clerk is hereby appointed Lottery Licensing Officer in and for
the Town of Newcastle and in connection therewith shall:
(a) Receive all lottery licence applications and financial reports.
(b) Submit each lottery licence application to the Chief of Police for the
Durham Regional Police Force (hereinafter referred to as the Chief of
Police) for review and report, and it shall be the duty of the Chief
of Police to review each lottery licence application submitted by the
Lottery Licensing Officer to determine compliance with all applicable
legislation and terms and conditions and to submit to the Lottery
Licensing Officer a report setting out his recommendation.
(c) Upon receipt of a favourable report from the Chief of Police, and the
applicant meeting all relevant requirements of this by-law, issue the
appropriate lottery licence.
(d) Upon receipt of a request to conduct the actual draw for a raffle
lottery in the Town of Newcastle by an organization which has made
application for a licence to another municipality, the Province of
Ontario, or other raffle lottery authority having jurisdiction,
issue a letter of approval on behalf of the Council of the Corporation
of the Town of Newcastle for the conduct of such raffle lottery draw
in the Town of Newcastle, subject to such lottery scheme having been
approved by the Police Force or the lottery authority having jurisdiction
over the issuance of the subject raffle lottery licence.
(e) Upon receipt of a request from the executive of a local branch of an
organization having its offices, headquarters, or otherwise designated
place of business outside of the Town of Newcastle (hereinafter referred
to as an outside organization) which is licenced to conduct a raffle
lottery scheme, for permission to sell raffle lottery tickets in the
Town of Newcastle under the licence of its parent organization, issue
a letter of approval on behalf of the Council of the Corporation of the
Town of Newcastle for such ticket sales, subject to a copy of the
subject raffle lottery licence being submitted to the Town Clerk and
the actual ticket sales in the Town of Newcastle being conducted by
members of the local branch.
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~'" '" By-law 87-'91'
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3. Upon receipt of a lottery licence application where a Provincial Licence
is required, shall upon receipt of a favourable report from the Chief of
Police issue a letter on behalf of the municipality supporting the Provincial
Licence Application or sign the "approval recommended II section of the
application form.
4. In every case, the application form, the form of the licence and the form of the
financial report shall be in the form as prescribed by the Ministry of Consumer
and Commercial Relations or the Lieutenant Governor-in-Council.
5. Notwithstanding any other terms and conditions prescribed by this by-law,
every lottery licence issued under the provisions of this by-law shall be
subject to the terms and conditions as prescribed by the Ministry of
Consumer and Commercial Relations and the Lieutenant Governor-in-Council.
6. For the purpose of bingo lottery licensing, sub-organizations within a main
organization will not be regarded as independent organizations irrespective
of different chari~le or religious objects or purposes.
7. Where a lottery licence application is not approved, the licence application
may, upon the written request of the applicant, be referred to Council for
consideration.
8. The fee for a licence issued under the provisions of this by-law shall be
as follows;
(a) Bingo Lottery
Where the aggregate amount of the prizes offered or given within all
games on a single occasion:
(i) does not exceed $500.00, the fee shall be $5.00;
(ii) exceeds $500.00, the fee shall be 2% of the aggregate amount
of the prizes.
(b) Raffle Lottery
Where the aggregate amount of the prizes offered or given
(i) does not exceed $500.00, the fee shall be $5.00;
(ii) exceeds $500.00, the fee shall be 2% of the aggregate amount of
prizes.
(c) Lottery Scheme Held at a Bazaar
The licence fee for each event shall be $5.00.
(d) Break-Open Tickets (Nevada Club)
(i) where the'value of the prizes per unit is $600.00, the licence
fee per unit shall be $10.00;
(ii) where the value of the prizes per unit is $800.00, the licence
fee per unit shall be $12.00;
(iii) where the value of the prizes per unit is $282.00, the licence
fee per unit shall be $5.00;
(e) Where the number of occasions covered by one licence exceeds one (1),
the fee shall be calculated by multiplying the number of occasions by
the single occasion fee as calculated in accordance with section 8 hereof.
9. Town of Newcastle By-law 74-30 is hereby repealed.
By-law read a first and second time this 1~th day of May 1987
By-law read a third time and finally passed this 1tth day of May 1987
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