HomeMy WebLinkAboutCD-21-92 REPORT #2
THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: COUNCIL File# tbt�/ /-C)
Date: JULY 13, 1992 Res. #C_
Report#: CD-21-92 File #: By-Law#
Subject: REQUEST FOR LICENCE TO SELL BREAK-OPEN LOTTERY (NEVADA)
TICKETS - LEARNING DISABILITIES ASSOCIATION OF ONTARIO
Recommendations:
It is respectfully recommended that Council approve the
following:
1. THAT Report CD-21-92 be received;
2 . THAT the request received from the Learning Disabilities
Association of Ontario for an exemption from Sections 3,
4 (b) and 17 (b) of the Terms and Conditions for Licensing
Break-Open (Nevada) tickets be granted;
3 . THAT the licence be issued provided the licensee complies
with all other Terms and Conditions of the licence; and
4 . THAT Analee Stein and Frank Findlay be advised of Council's
decision.
BACKGROUND AND COMMENT
The Clerk's Department received correspondence from Analee Stein,
Director of Development, Learning Disabilities Association of
Ontario, requesting an exemption from Sections 3, 4(b) and 17 (b)
of the Terms and Conditions of a Licence for Break-Open (Nevada)
tickets . (Attachments #1 and #2)
It has been ascertained that this organization has an office at
R.R. #2, Bowmanville, and the contact person is Georgina Watson,
President.
In view of the fact that Council has, in the past, granted an
exemption from Sections 3, 4 (b) and 17(b) of the Terms and
Conditions of a Licence for Break-Open (Nevada) tickets and this
organization occupies office space in the Town of Newcastle, it
is therefore recommended:
Report CD-21-92 - 2 - July 13, 1992
1 . THAT Report CD-21-92 be received;
2 . THAT the request received from the Learning Disabilities
Association of Ontario for an exemption from Sections 3,
4 (b) and 17 (b) of the Terms and Conditions for licensing
Break-Open (Nevada) tickets be granted;
3 . THAT the licence be issued provided the licensee complies
with all other Terms and Conditions of the licence; and
4 . THAT Analee Stein and Frank Findlay be advised of Council's
decision.
The applicant has been advised of the contents of this report.
Respectfully submitted Recommended for Presentation
to Council
4 To tt' Bar e, A.M.C.T. Lawrence E. Ko scff, M.C. I .P.
Clerk Chief Administrative Officer
PLB/MPK/ms
Attachment #1 - Correspondence from Analee Stein
Director of Development
Learning Disabilities Association of Ontario
Attachment #2 - Terms & Conditions
Interested Party: Analee Stein
Director of Development
Learning Disabilities Association of Ontario
R.R. #2
Bowmanville, Ontario
L1C 3K3
i
LEARNING DISABILITIES ASSOCIATION OF ONTARIO
OSHAWA CHAPTER
R.R. #2
BOWMANVILLE, ONTARIO
L1C 3K3
March 30, 1992
Mrs. Patti Barrie
Town clerk
Town of Newcastle
40 Temperance St.
Bowmanville, Ontario
L1C 3A6
Re: Nevada Licence Application
The Learning Disabilities Association of Ontario,
Oshawa chapter, wishes to apply to Council for a licence to
sell Nevada tickets at a premises in the Town of
Newcastle, not owned or jointly operated by the Association.
our organization, like many other non-profit organizations,
conducts its business in regular office surroundings and we
do not have access to a social club environment, such as a
Legion, where people would normally congregate. Therefore we
are asking that council exercise its power, as designated by
the Minister of consumer and commercial relations, to grant
an exemption to section 3, 4(b) and 17(b) of the Terms and
conditions for the issuance of a licence.
The site we have selected is the Newcastle Inn, a registered
business in your community. Please refer to the attached
letter of confirmation by the owner, Ms. Judith Cormier.
For your information here is a brief overview of the work of
the Learning Disabilities Association of Ontario. LDAO was
founded in 1963 to help children with Learning Disabilities.
In 1984, the mandate was expanded to include adults who have
learning disabilities. Today, LDAO has a presence in over 50
communities throughout the Province.
LDAO, through its chapters, works with school boards and
other community-based agencies to improve services and to
support persons with learning disabilities.
LDAO provides information to the person with learning
disabilities, to families, to professionals and service
providers, to the community, and to government. we also
develop and circulate resource materials films and videos,
maintain a resource library, sponsor conferences and
workshops, publish a quarterly newsletter, and work with all
levels of government.
LDAO acts as a catalyst and resource for family support, for
individual and systemic advocacy, for direct community-based
services, to promote research, to enhance public awareness
and understanding of learning disabilities, to promote post-
secondary educational, training and employment opportunities
and to achieve equity.
Much of this important work is still carried out by dedicated
volunteers.
I am including some additional background information about
the Learning Disabilities Association of Ontario which may
assist you and council in making an informed decision with
respect to this application.
I trust that, in light of the significance of our work with
the 10% of the population who have learning disabilities,
that you will be able to make a favourable recommendation to
council.
Should you require any additional information, please do not
hesitate to contact me at the LDAO office at (416) 487 4106.
Yours very truly,
Analee Stein
Director of Development
TERMS AND CONDITIONS UNDER NiICH THE
BREAK-OPEN TICKET LICENCE IS ISSUED
(FIRM BOTL-'IC)
It is a condition of each licence that:
(1) The licencee shall con-ply 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 .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.
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
228 $12.00
Junior 1668 or $ .25 $ 417 224 $284.00 $5.00
1664 $ 4.16
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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 number 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
comninglings of monies derived from the conduct of a lottery with any other
funds of the licencee or monies derived from Break-Open 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-Open 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 .01C (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.
3
- 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 reconciliiption 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 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.
March 30, 1992
Mrs. Patti Barrie
Town Clerk
Town of Newcastle
40 Temperance St.
Bowmanville, Ontario
L1C 3A6
Dear Mrs. Barrie:
This letter is to confirm that I have agreed to sell Nevada
Tickets on behalf of the Learning Disabilties Association of
Ontario, Oshawa Chapter.
The place of sale will be at the main counter.
If you have any questions regarding the Newcastle Inn s
involvement in this matter, do not hesitate to contact me.
Yours very truly,
i
Ms. Judith Cormier
Owner
Newcastle Inn
789 King street E.
Newcastle, Ontario
L1B 1K0
416 987 4252