HomeMy WebLinkAboutCD-17-91 UNFINISHED BUSINESS
THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meetlno: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File#
Date: JUNE 3 , 1991 Res. #
CD-17-91 i=l icy Law
Report#: File#:
Subject: REQUEST FOR BREAK-OPEN TICKET LICENCE (NEVADA)
THE GREAT PINE RIDGE KINETTES
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-17-91 be received;
2 . THAT the request received from Julie Pearson, President, The
Great Pine Ridge Kinettes, for a licence to sell Break-Open
Tickets (Nevada) , be denied; and
3. THAT Julie Pearson be advised of Council's decision and she
be forwarded a copy of Report CD-17-91.
BACKGROUND:
On February 11, 1991, the Town Clerk received correspondence from Julie
Pearson, President, The Great Pine Ridge Kinettes, requesting an
exemption from Sections 3, 4b) and 17b) of the Terms and Conditions
under which the Break-Open Tickets (Nevada) Licence is issued.
This was reviewed by Council on February 25, 1991, at which time
Resolution #C-111-91 was passed which reads as follows:
"THAT the correspondence received from Julie Pearson, President,
The Great Pine Ridge Kinettes, requesting exemption of Sections 3,
4(b) and 17 (b) of Form BOIL-TC for the sale of Nevada Tickets be
received;
THAT the correspondence be referred to the Clerk for review and
preparation of a report to be submitted to the General Purpose and
Administration Committee; and
THAT Julie Pearson be advised of Council's decision. "
Continued . . . . ./2
IEC PER
iN156D O RECVCI DPAPER
Report CD-17-91 - 2 - June 3, 1991
REVIEW AND COMMENT:
Section 3 of the Terms and Conditions states that:
"A Break-Open Licence shall only be issued to a charitable or
religious organization which owns or regularly occupies premises at
which tickets will be offered for sale. "
Section 4b) of the Terms and Conditions states that:
"The designated location specified pursuant to this section shall
not be a public, commercial, retail location, nor a location
licenced by the L.L.B.O. as a public tavern or beverage room. "
Section 17b) of the Terms and Conditions states that:
"The actual handling or selling of tickets shall not be delegated
to any organization, company, entity or to any other person who is
not a bonafide member of the licencee. "
On March 6, 1987, the Ministry of Consumer and Commercial Relations
delegated to all Municipal Councils, discretionary powers to grant an
exception to the requirements of Section 3, 4b) and 17b) of the Terms
and Conditions of the Break-Open Ticket (Nevada) Licence, provided that
all other terms and conditions are complied with. Mr. Frank Cuda from
the Ministry advises that the intent of this legislation was to phase
out 3rd party sites. He advised that caution should be exercised
because the issuance of Break-Open Ticket Licences to numerous
organizations could cause a myriad of difficulties to the municipality
vis-a-vis control and enforcement.
Three municipalities were contacted and the following information was
obtained:
Town of Ajax
The Town of Ajax issues a Break-Open Ticket (Nevada) Licence to:
The Royal Canadian Legion (on a regular basis) , and
Ajax-Pickering General Hospital Auxiliary (on 2 occasions) .
Town of Whitby
The Town of Whitby issues a Break-Open Ticket (Nevada) Licence to:
The Royal Canadian Legion (2 branches) , on a regular basis, and
The Knights of Columbus are now in the process of completing the
necessary documentation to make an applicence for a licence.
,-)Continued . . . . ./3
Report CD-17-91 - 3 - June 3, 1991
City of Oshawa
The City of Oshawa issues a Break-Open Ticket (Nevada) Licence, on a
regular basis to:
Oshawa General Hospital Auxiliary,
The Moose Lodge, and
The Royal Canadian Legion
The Lottery Licensing Officers of these 3 municipalities all expressed
concern pertaining to regulating the conditions of Break-Open Ticket
(Nevada) Licences, if the prolification of this type of licensing
occurs. These 3 municipalities have issued licences to applicants who
meet all the terms and conditions for the approval of the licence,
because "follow-up" after the issuance of the licence is of critical
importance if there is to be any credibility to the licensing process.
It was the general consensus that municipalities in the Region of Durham
should have a consistent approach towards this type of licensing, and
work in concert with one another.
RECOMMENDATION•
It is recommended that the request received from Julie Pearson,
President, The Great Pine Ridge Kinettes, for a licence to sell Break-
Open Tickets (Nevada) , be denied.
Respectf submitted Recommended for Presentation
to Committee
�1
/Patti Ba ie, A.M.C.T. Lawrence E. Kotseff, M.C.I.P.
/ Town ler Chief Administrative Officer
MPK/PLB/ms
ATTACHMENTS
1. Correspondence from Julie Pearson, President, The Great Pine Ridge
Kinettes.
2 . Terms and Conditions under which the Break-Open Ticket (Nevada)
Licence is Issued.
Copy of Council's decision to:
Mrs . Julie Pearson, President
The Great Pine Ridge Kinettes
Box 52
Orono, Ontario
LOB 1MO
COUNCIL DIRECTION D-5
FEB 09 An tqj
Patti Barrie
Clerk
Town of Newcastle
RE : Exemption of sections 3 , 4b and 17b of Form BOIL-TC
Dear Ms . Barrie:
We the Great Pine Ridge Kinettes, are a non profit
community service club in the areas of Newcastle, Orono, Kirby
and Newtonville .
Unfortunatly under present legislation only groups that
own their own building are allowed to sell Nevada tickets .
We do a lot of work in the community; (for ex. teen dances,
chri.stmas baskets for needy families and donations to groups
like the Newcastle Community Care, Schools , Bowmanville Hospital
and Sick Kids Hospital ) , but we would like to do more .
For this reason, we are asking for this exemption so that
we may sell Nevada tickets at an approved location within our
boundaries in the Town of Newcastle to take advatage of
Nevadaman fundraising.
Thank You
,d
President Julie Pearson
The Great Pine Ridge Kinettes
ISM" .
CLLERK, - _-- --_
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COPIES TO:
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TERMS AND CONDITIONS UNDER YdiICH THE
BRFAK-OPEN TICKET LICENCE IS ISSUED
(FORM B0TL-TC)
It is a condition of each licence that:
(1) The licencee shall comply with Sections 189 and 190 of the Criminal Code of
Canada.
(2) (a) the licencee shall comply with all the terms and conditions set out in the
application for licence.
(b) an application for Break-Open Tickets shall be made either:
(i) to the local Municipal Council in those Municipalities where all
Break-Open Ticket licences are issued by that Municipality with the
exception of the provisions contained in Section 5, or, in all other
cases
(ii) to the Lotteries Branch, after appropriate approval is obtained from
the local Municipal Council or Band Council where the sales are
proposed to take place.
(3) A Break-Open Ticket Licence shall only be issued to a charitable or religious
organization which owns or regularly occupies premises at which tickets will be
offered for sale.
(4) (a) Each applicant for a licence shall specify one designated location at the
address where all Break-Open Tickets will be sold. If a licence is issued,
tickets shall not be sold at any place other than the location designated in
the application and specified on the licence.
(b) The designated location specified pursuant to this section shall not be a
public, commercial, retail location, nor a location licenced by the L.L.B.O. as
a public tavern or beverage room.
(5) Break-Open Tickets may be sold in association with another Social Gaming event
provided that:
(i) the tickets are sold under a licence issued by the Lotteries Branch
pursuant to Section 2(b)(ii)
(ii) the licence is issued only to the charitable or religious group(s)
conducting the other event(s) at the location where the tickets are to
be sold
(iii) all terms and conditions for the sale of Break-Open Tickets and the
conduct of the other event(s) are complied with.
(6) No licence shall be issued for a period exceeding six months.
(7) A licence shall be issued only for the sale of Break-Open Tickets which retail
for a maximum of .504 and conform with the ticket quantities, prices and prize
payouts as provided below; scratch-off or other forms of break-open tickets are
not permitted. The value of any prize awarded shall not exceed $100.00.
1
COMMON NO.OF TICKETS PRICE PER GROSS UNIT NO.OF WINNING PRIZES UICENCE
NAME PER UNIT TICKET REVENUE TICKETS PER UNIT PER UNIT FEE
PER UNI!
Regular 1668 or $ .50 $ 834 or 224 $600.00 $10.0
1664 $ 832
Super 2184 $ .50 $1092 224 or $800.00 $12.00
228
Junior I 1668 or $ .25 $ 417 224 $284.00
1664 $ 4.16
- 3 -
(21) All Break-Open Tickets shall be opened by the purchaser at the premises stated
on the licence and all winning tickets shall be exchanged for cash on the day
of sale.
(22) Winning tickets shall be defaced by the seller at the time of prize payout.
(23) Each licencee will be held responsible for and shall guarantee the payment of
all winnings.
(24) The licencee shall post the Break-Open Ticket Licence in a conspicuous place at
the premises where tickets are being sold.
(25) The licencee shall obtain invoices for all Break-Open Tickets purchased and
retain all invoices for a period of no less than two years.
(26) Each licence shall at all times maintain complete security over the Break-Open
Tickets in its possession and all funds associated therewith. For control of
inventory purposes, all stock must be stored and kept in one fixed location in
order to permit, if requested, the periodic reconciliation of stock usage and
cash flow.
(27) (a) The licencee shall not permit any person under the age of sixteen years to
purchase a ticket.
(b) The licencee shall not extend credit, accept cheques or accept payment by
way of credit card for the purchase of any Break-Open Tickets.
(28) Each licencee shall submit a report on the sale of Break-Open Tickets as set
out in Form BOIL-R.
(29) Such officers as the Minister and Municipal Council may appoint, and all Peace
Officers shall, at all reasonable times, have direct and unencumbered access to
enquire into the nature, management and conduct of the proceedings for which
the licence has been granted, either prior to, during, or after the conclusion
of such proceedings.
(30) A licence may be suspended, cancelled or renewal refused by the issuing
authority for breach of any term or condition.
(31) The Minister may, at any time, suspend or cancel a licence for the breach of
any term or condition, or where, in his opinion, to do so is in the public
interest.
a
TERNS AND CONDITIONS UNDER `dIICH THE
BREAK-OPEN TICKET LICENCE IS ISSUED
(F'QRM BOTL-TC)
It is a condition of each licence that:
(1) The licencee shall comply with Sections 189 and 190 of the Criminal Code of
Canada.
(2) (a) the licencee shall comply with all the terms and conditions set out in the
application for licence.
(b) an application for Break-Open Tickets shall be made either:
(i) to the local Municipal Council in those Municipalities where all
Break-Open Ticket licences are issued by that Municipality with the
exception of the provisions contained in Section 5, or, in all other
cases
(ii) to the Lotteries Branch, after appropriate approval is obtained from
the local Municipal Council or Band Council where the sales are
proposed to take place.
(3) A Break-Open Ticket Licence shall only be issued to a charitable or religious
organization which owns or -regularly occupies premises at which tickets will be
offered for sale.
(4) (a) Each applicant for a licence shall specify one designated location at the
address where all Break-Open Tickets will be sold. If a licence is issued,
tickets shall not be sold at any place other than the location designated in
the application and specified on the licence.
(b) The designated location specified pursuant to this section shall not be a
public, commercial, retail location, nor a location licenced by the L.L.B.O. as
a public tavern or beverage room.
(5) Break-Open Tickets may be sold in association with another Social Gaming event
provided that:
(i) the tickets are sold under a licence issued by the Lotteries Branch
pursuant to Section 2(b) (ii)
(ii) the licence is issued only to the charitable or religious group(s)
conducting the other event(s) at the location where the tickets are to
be sold
(iii) all terms and conditions for the sale of Break-Open Tickets and the
conduct of the other event s) are corrplied with.
(6) No licence shall be issued for a period exceeding six months.
(7) A licence shall be issued only for the sale of Break-Open Tickets which retail
for a maximum of .50(� and conform with the ticket quantities, prices and prize
payouts as provided below; scratch-off or other forms of break-open tickets are
not permitted. The value of any prize awarded shall not exceed $100.00.
r
COMMON NO. OF TICKETS PRICE PER GROSS UNIT NO. OF WINNING PRIZES LICENCE
NAME PER UNIT TICKET REVENUE TICKETS PER UNIT PER UNIT FEE
PER UNI
Regular 1668 or $ .50 $ 834 or 224 $600.00 $10.0
1664 $ 832
Super 2184 $ .50 $1092 224 or $800.00 $12.00
228
Junior 1668 or $ .25 $ 417 224 $284.00 $5.00
1664 $ 4.16