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THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRTATION COMMITTEE File# Poc(.32 7-_�
Date. DECEMBER 7, 1992 Res. # �.
By-Law#Report#: CD-29-92 File#:
Subject: REQUEST FOR LICENCE TO SELL BREAK—OPEN LOTTERY (NEVADA)
TICKETS — NEWCASTLE VILLAGE MINOR HOCKEY ASSOCIATION
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-29-92 be received;
2 . THAT the request received from the Newcastle Village Minor
Hockey Association for an exemption from Sections 4(b) and
17(b) of the Terms and Conditions for Licensing Break-Open
(Nevada) tickets be approved;
3. THAT the licence be issued provided the licensee complies
with all other Terms and Conditions of the licence; and
4. THAT Daniel Peter Leddy, Vice-President, Newcastle Village
Minor Hockey Association, be advised of Council's decision.
BACKGROUND AND COMMENT
The Clerk's Department received an application from the Newcastle
Village Minor Hockey Association to manage and conduct a Nevada
Ticket Lottery, requesting exemption from Sections 4(b) and 17 (b)
of the Terms and Conditions of a Licence for Break-Open (Nevada)
tickets. This organization would like to sell tickets from a
retail location, namely, "Sit IN Sip Doughnuts" in Newcastle
Village and the owner of this outlet has agreed to sell tickets
on behalf of the Newcastle Minor Hockey Association.
In view of the fact that Council has, in the past, granted an
exemption from Sections 4(b) and 17(b) of the Terms and
Conditions of a Licence for Break-Open (Nevada) tickets and this
organization is based in the Town of Newcastle, it is therefore
recommended:
6 " Continued . . . . ./2
PAPEa° E «E
THOS 4S PRIMED ON RECYCIEO PAPER
Report CD-29-92 - 2 - December 7, 1992
1. THAT Report CD-29-92 be received;
2 . THAT the request received from the Newcastle Village Minor
Hockey Association for an exemption from Sections 4(b) and
17 (b) of the Terms and Conditions for Licensing Break-Open
(Nevada) tickets be approved;
3 . THAT the licence be issued provided the licensee complies
with all other Terms and Conditions of the licence; and
4. THAT Daniel Peter Leddy, Vice-President, Newcastle Village
Minor Hockey Association, be advised of Council's decision.
The applicant has been advised of the contents of this report.
Respectf ly submitted Recommended for Presentation
to Committee
/ S
LL C..LC..'°.r'ty 4� f Lej f 15
Patt' L. B rie, A.M.C.T. Lawrence E. Koteff, M.C.I.P.
Cle Chief Administrative Officer
1,
PLB/MPK/ms
Attachment #1 - Terms & Conditions Under Which the Break-Open
Ticket Licence is Issued
Interested Party: Daniel Peter Leddy, Vice-President
Newcastle Village Minor Hockey Association
36 Orchard Heights Drive
Newcastle, Ontario
L1B 1J8
68
ATTACHMENT #1
TERD44 ADD CONDITIONS WIDER MUCH THE
BREAK-OPM TICKET LICIINM IS ISSUED
(F RM BOTL-'IC)
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 Bre&k-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.
COMMON NO.OF TICKETS PRICE PER GROSS UNIT NO.OF WINNING PRIZES I
NAME PER UNIT TICKET REVENUE TICKETS PER UNIT PER UNIT FEE
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
? v9
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(8) The licencee shall forward a copy of the licence to the manufacturer or the
distributor from which tickets are to be purchased.
(9) The applicant shall supply, upon the request of the licencing authority, a
signed right of access from the distributor and the manufacturer of the tickets
for which the application is submitted.
(10) The licencee shall indicate on the face of the tickets the name of the
organization, the numbers and amounts of the prizes to be awarded, the price of
a ticket, the serial number of the ticket, the licence mmiber and the name of
the manufacturer of the ticket.
(11) The licencee shall maintain all funds raised in a separate account. Such
account shall be appropriately designated and into it shall be deposited all
and only monies received from the operation of the Break-Open Ticket Lottery
less the cash payments made for prizes and administrative expenses. All
withdrawals from such designated lottery account shall be exclusively by cheque
and only be for the purpose of the payment of the necessary and reasonable
expenses incurred in the operation of the lottery or for the disbursement of
net proceeds derived for one or more charitable object or purposes. The
comminglings of monies derived from the conduct of a lottery with any other
funds of the licencee or monies derived from Break pen Tickets Lottery with
monies derived from any other type of lottery is strictly prohibited.
(12) The gross receipts derived from the sale of Break-Open Tickets shall be used
for the charitable or religious objects or purposes set out by the licencee in
the application for the licence less all reasonable costs actually expended for
the payment of prizes, the purchase of tickets, administrative costs and
licence fees.
(13) All proceeds derived from the sale of Break-Open Tickets shall be used for a
charitable or religious object or purpose in Ontario.
(14) No part of the proceeds derived from the conduct of a Break pen Ticket Lottery
shall be applied to the premises at which the sale of Break-Open Tickets is
authorized unless the use of the proceeds for such purpose shall enhance the
ability of the licencee to perform services of public good or welfare, and
written permission is obtained from the Licencing Authority. The maximum amount
of proceeds which any licencee may expend on the premises shall not exceed
twenty-five percent of the total net proceeds derived from the conduct of the
lottery.
(15) No licencee shall offer for sale any ticket or number of tickets not contained
in a jar, box or other container in which all tickets of the given unit have
been placed for sale.
(16) When the number of tickets within the container has been apparently reduced by
one-half, the licencee shall refill the container by adding an additional unit
(units) of tickets.
(17) (a) The licencee shall designate a bona-fide member or members of the
organization to be primarily responsible for the sale of tickets, the payment
of prizes and the keeping of all required records.
(b) 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.
(18) No person who is in any way associated with the sale of Break-Open Tickets
shall be permitted to purchase a ticket or participate in the winnings of any
ticket.
(19) No person or organization shall receive any remuneration for selling Break-Open
Tickets. Maximum administrative expenses for the sale of tickets shall not
exceed .014 (one cent) for each ticket sold.
(20) The licencee shall not sell` any ticket at a price other than the price
appearing on the face of the ticket.
TVA
3
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(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 pen 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 reconciligtion 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 pen Tickets as set
out in Form BOTL-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.
n � 1
Ministry of Application to Manage and Conduct
Consumer any
V Commercial a Nevada Ticket Lottery
Oniario Relations
(Form NTL-A)
We,the undersigned,as two principal officers of record of (name of organization)
(address)
apply for a licence to manage and conduct a Nevada Ticket Lottery at the premises municipally known as
r�
- *i
J j
, i O`- G`
_ T
and situated in the municipality of
If a licence is granted, all tickets applied for will be sold only at (specify exact location within the above
r I'll
premises• ) /LA 's OL"L '
1. The specific Charitable or Religious Objects or Purposes to which proceeds are to be donated are
described as (r-( it 0T h
2. Type of Nevada Tickets to be sold (check one)
Regular Nevada C Super Nevada Junior Nevada D
3. Description of Scheme
(a) Number of Tickets per box/unit C,
(b) Price per ticket $
(c) Gross Revenue per unit $ 0 7 r 00
_ (d) Total prizes per unit $ �
(e) Number of winning tickets per unit
4. The Nevada tickeis referred to in this application form are manufactured by (Name of Company)
AJ:VlA()�A / : ,
�. and will be purchased from
(Name and Address of Distributor)
5. Price per unit
6. Ticket sales will commence on (date) r� �1 r and terminate on
(date) (maximum six month period).
7. The total number of units to be so`d dUTing the period for which the application is made shall not
exceed
(over)
06140
Certificate
We {name) '1�;,r..1 —� - -��y� and (name)
Of (organization)
of (municipality) 1,A5 of the County of
jointly and severally, hereby certify that:
(1) We have knowledge of the matter herein set out,
(2) We have read over this application,
(3) All facts stated and information furnished herein are true and correct,
(4) We are the holders of the offices with descriptive title as set out and appearing under our respective
signatures below.
(5) We understand that if a licence is granted, Nevada Tickets may not be sold outside of the premises
entered on the application and specified in the licence.
(6) We have read, and have in OUT possession, and agree to comply with, a statement of the Terms and
Conditions under which the Nevada Ticket licence is issued.
(7) We understand that this licence shall be valid during its effective period only so long as the terms and
conditions to which such licence is subject have been complied vnnth and that a breach of a term or
condition may cause the licence to become null and void.
Principal Officer Principal Officer
fq Signature
t
Name in Full
Title
-7 t �r Address he
Bus. Phone
Date
Witness (sign)
DURHAM REGIONAL POLICE SERVICE
DATE: November 5, 1992
MEMORANDUM
TO: L. Barrie,
Town Clerk,
40 Temperance St.
Bowmanville, Ontario
FROM: Supt. R. Brown,
CIB
SUBJECT: LOTTERY LICENCES
The writer can see no reason why the following licence should
not be granted:
Newcastle Village Minor Hockey Association - Nevada Ticket Lottery
Maple Grove PTA - Raffle Lottery
RB:mg S pt. R7Brown
C
DRP 32A REV 01 191