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