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HomeMy WebLinkAboutCLD-024-10~lat"1~~~°tUII REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Report#: CLD-024-10 Resolution#: ~P9-4t8-/0 File#: By-law#: o?O/O-o9~ Subject: LOTTERY LICENCE APPLICATION REVIEW - BY-LAW AMENDMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CLD-024-10 be received; 2. THAT the practice of forwarding all lottery licence applications to the Durham Regional Police Services for review be discontinued effective immediately; 3. THAT an amendment to By-law 94-30 be approved; and 4. THAT all interested parties listed in Report CLD-024-10 be advised of Council's decision. Submitted by PLB/cag Reviewed by: ~' "v "~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-024-10 PAGE 2 BACKGROUND The Criminal Code was amended in 1969 by the Government of Canada making i possible for eligible charitable and religious organizations to conduct and manage lottery schemes under a licence issued by the appropriate provincial authority. Based on the authority conferred by the Criminal Code, the Government of Ontaric passed the Order-in-Council, 2688/93, delegating its authority to licence charitable gaming events to the Registrar of Alcohol and Gaming, and municipal councils. In 1994, Council passed By-law 94-30 being a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries. This by-law appoints the Municipal Clerk as the Lottery Licensing Officer for the Municipality of Clarington and details the Clerk's responsibilities and authority. Specifically Section 3(c) requires the Lottery Licensing Officer (ie. the Municipal Clerk) to "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 OfFcer a report setting out their recommendation." This practice of forwarding lottery licences to the police for review pre-dates By-law 94-30 as far back as 1974, however, staff have no records to indicate why this practice was initiated. A recent telephone survey of several municipalities within Ontario concluded that no other municipality contacted seeks input from their local police on lottery applications. Over the past five years (at least, if not longer), the practice of satisfying this requirement has included staff faxing the application to the Durham Regional Police Services, 16 Division, and the DRPS in turn faxing back a response such as "The Durham Regional Police Service has no objection to the granting of this raffle/lottery permit to: [organization name]." This response can sometimes take up to one week. With the recent change in Inspectors at the 16 Division, staff have had several discussions regarding this "review and reporting of recommendations' process with the new inspector. Specifically, staff and the inspector discussed what Clarington's expectations are of the DRPS and what DRPS actually does to satisfy this requirement. Our discussions with DRPS concluded that the police "review" really serves no purpose. While the by-law seeks to impose a "duty" on the DRPS, the Municipality of Clarington has no jurisdiction over the DRPS. DRPS believe the request to be impractical as they do not have the resources to do what they would consider a "proper and thorough" background check for all organizations and their volunteers, the process of seeking their REPORT NO.: CLD-024-10 PAGE 3 input delays the application process, and no other municipality within the Region of Durham follows such a practice. SUMMARY The Municipal Clerk is responsible for the issuing of lottery licences in accordance with the Order-in-Council, and the delegating By-law 94-30. The Municipal Clerk, and staff, are very knowledgeable and fluent in the lottery licensing rules and responsibilities. It is impractical and time-consuming for DRPS to conduct the applicant reviews and it delays the application process. It is staffs recommendation, therefore, that the practice of seeking DRPS' approval prior to issuing a lottery licence be discontinued effective immediately and that By-law 94-30 be amended accordingly. That said, staff will continue to work with the DRPS should an enforcement issue arise respecting any licensed gaming activity within the jurisdiction of the Municipality of Clarington. RECOMMENDATION It is recommended that the practice of seeking DRPS' approval prior to issuing a lottery licence be discontinued effective immediately and that the draft amending by-law attached to Report CLD-024-10 be approved by Council. Attachments: Attachment 1 -Draft By-law to amend By-law 94-30. Interested Parties: C. Osler, Inspector -DRPS Attachment 1 to Report CLD-024-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010 - XXX Being a by-law to amend By-law 94-30, a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries. WHEREAS the Council of the Municipality passed By-law 94-30, being a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries; AND WHEREAS the review of lottery licence applications by the Durham Regional Police Services (as per section 3(c) of By-law 94-30) is deemed to be impractical, time- consuming and not necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT By-law 94-30 be amended by deleting Section 3(c). By-law read a first, second and third time this day of , 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk