HomeMy WebLinkAbout94-30 Consolidated Lottery By-law
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The Corporation of the
Municipality of Clarington
By-Law 94-30
Office Consolidation
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.
_____________________________________________________________
Passed, by Council, on: February 28, 1994
Consolidated as of: October 15, 2024
Amendments:
Amending
By-law Date Amendment Details
98-28 February 9, 1998 Section 1.(1)(b) replaced with figures $500.00
and $1.00; and
Section 2.(a) add the words “which has a home
base in the Municipality of Clarington” following
the words “charitable or religious organization”
2010-096 July 12, 2010 Delete Section 3(c)
Disclaimer:
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality of
Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Municipal Clerk’s Division.
Consolidated By-law No. 94-30 Page 2
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
BY-LAW NO. 94-30
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 $500.00
and in which tickets retail for a maximum of $1.00 and conform with ticket
quantities, prices and prize payouts as are provided in the terms and
conditions prescribed by the Province of Ontario;
Consolidated By-law No. 94-30 Page 3
(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
2. (a) No organization, other than a charitable or religious organization, which
has a home base in the Municipality of Clarington, 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.
(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.
Consolidated By-law No. 94-30 Page 4
(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.
(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.
(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.
Consolidated By-law No. 94-30 Page 5
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.
(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.
Consolidated By-law No. 94-30 Page 6
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.
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 28th, day of February,1994.
ORIGINAL BY-LAW SIGNED