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HomeMy WebLinkAboutCD-11-92 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: APRIL 6, 1992 Res. # By-Law Report#: C-D-11-192 File#: Subject: REQUEST FOR PERMISSION TO SELL BREAK-OPEN LOTTERY (NEVADA) TICKETS - BIG SISTERS N.O.W. , OSHAWA Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-11-92 be received; 2 . THAT the request received from Sandy Flynn, Promotions Co- Ordinator, Big Sisters, N.O.W. , for approval of a licence for the sale of Break-Open Lottery (Nevada) Tickets, be denied on the basis that the Town of Newcastle is not the home based municipality of this organization; 3. THAT the Lottery Licensing Officer (Town Clerk) be authorized to deny all requests for Break-open Tickets (Nevada) Licences, if the applicant organization is not based in the Town of Newcastle, until such time as the Lotteries Branch of the Ministry of Consumer and Commercial Relations amends its policy in this regard; and 4. THAT Sandy Flynn be advised of Council's decision and she be forwarded a copy of Report CD-11-92 . BACKGROUND AND COMMENT On June 24, 1991, Victoria Dove, Executive Director, Big Sisters N.O.W. , appeared as a delegation before Council to request that her organization be granted exemptions to Sections 3, 4(b) and 17(b) of the Terms and Conditions of the Break-Open Ticket (Nevada) Licence. (Attachments #1 and #2) Continued . . . . . /2 ':t:l^>5 PP.iYEE ON RECYCLES PAPER Report CD-11-92 - 2 - April 6, 1992 Pursuant to this verbal request, Resolution #C-402-91 was unanimously approved, which states: "THAT the verbal request made by Victoria Dove on behalf of the Big Sisters Organization, for an exemption from Sections 3, 4(b) and 17(b) of the Terms and Conditions under which the Break-Open Tickets (Nevada) are sold be approved. " (Attachment #3) The Clerk's Department has issued this organization four consecutive Nevada Licences and Big Sisters N.O.W. is once again applying for a Break-Open Ticket (Nevada) Licence and also intends to apply to the City of Oshawa for the same type of licence. In the past month, the following factors have come to light: 1. It is a policy of the Lotteries Branch of the Ministry of Consumer and Commercial Relations that: "Organizations wishing to conduct break open ticket lotteries can be licenced only in the municipality in which they are based, unless they are selling tickets as a member of a bingo sponsor's association. " (Attachment #4) 2 . The Provincial Policy also states that: "Only one Break-Open Ticket Licence per address or location may be issued. " (Attachment #4) 3 . The City of Oshawa which has not in the past granted exemption from Sections 3, 4(b) and 17(b) of the Terms and Conditions of Break-Open Ticket (Nevada) Licences will now issue a licence to an organization if their home base is in the City of Oshawa, provided that the organization meets the other criteria imposed by the City of Oshawa. (Attachment #5) The Council of the Corporation of the Town of Newcastle on March 9, 1992, approved Resolution #GPA-207-92 and denied the request made by the Multiple Sclerosis Society, Oshawa, for a Break-Open Ticket (Nevada) Licence, on the basis that the Town of Newcastle was not the home based municipality of this organization. (Attachment #6) Victoria Dove has been contacted and advised of the availability of this report and of its recommendations. Continued . . . . ./3 Report CD-11-92 - 3 - April 6, 1992 It is, therefore, recommended: THAT Report CD-11-92 be received; THAT the request received from Sandy Flynn, Promotions Co-Ordinator, Big Sisters, N.O.W. , for approval of a licence for the sale of Break-Open Lottery (Nevada) Tickets, be denied on the basis that the Town of Newcastle is not the home based municipality of this organization; THAT the Lottery Licensing Officer (Town Clerk) be authorized to deny all requests for Break-Open Tickets (Nevada) Licences, if the applicant organization is not based in the Town of Newcastle, until such time as the Lotteries Branch of the Ministry of Consumer and Commercial Relations amends its policy in this regard; and THAT Sandy Flynn be advised of Council's decision and she be forwarded a copy of Report CD-11-92 . Respectfully submitted Recommended for Presentation to Committee r fp � �fyy G Patti , A.M.C.T. Lawrence E otseff, M.C. I.P. TTow`ra�°dlerk Chief Admi strative Officer MPK/PLB/ms Attachments 1. Terms and Conditions of Break-Open Ticket (Nevada) Licence; 2 . Exemptions to Terms and Conditions; 3. Council Resolution #C-402-91; 4 . Excerpt from Policy Manual, Lotteries Section; 5. Excerpt from City of Oshawa Report 92-12 re: Break Open Lotteries at Commercial Locations; and 6 . Resolution #GPA-207-92 approved by Council on March 9, 1992 . Person to be advised of Council's decision: Sandy Flynn Promotions Co-Ordinator Big Sisters N.O.W. 179 Ring Street East Oshawa, Ontario L1H 1C2 ATTACHMENT #1 TERMS ADD CONDITIONS UDDER MiICH THE BREAK-OPEN TIC LICENCE IS ISSUED (FORM BOIL-'IC) It is a condition of each licence that: (1) The licencee shall comply with Sections 189 and 190 of Canada. the Criminal Code of (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 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 licensed 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 .500 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. 'OMMON NO.OF TICKETS PRICE PER GROSS UNIT NO.OF WINNING PRIZES 1,ICENCE NAME PER UNIT TICKET REVENUE TICKETS PER UNIT PER UNIT FEE PER UNIT Regular 1668 or S .50 $ 834 or 224 $600.00 1664 S 832 510.0 Super 2184 $ .50 $1092 224 or $800.00 $12.00 228 Junior 1668 or $ .25 $ 417 1664 224 $284.00 $5.00 $ 416 X20 - 2 - (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 coinninglings 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, many, 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 r - 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 conplete 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 bd 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. ATTACHMENT #2 Ontario Oifice of the Ministry of Minist6re de la 416/963-0311 555 Yonge Street - Toronto,Ontario Minister ConsUmer.•and Consommation M7A21-16 Bureau du Commercial et du N•inistre Relations Commerce March 6, ' 1987 TO ALL MUNICIPAL COUNCILS In December 1986, terms and conditions for the issue of Nevada ticket licenoe were sent to all municipalities by the Lotteries Branch of my ministry . I approved those terms and conditions and 1 strongly recommend they be complied with by all licencing officials . However , I have been made aware of a number of charitable and community spirited groups which would otherwise qualify for Nevada ticket licence , but do not own or regularly occupy premises as required by Section 3 of the terms and conditions . indeed , many of these groups were in receipt of licence and committed to worthwhile projects when the terms and conditions were issued. In order to alleviate the hardship created for some charitable groups , I hereby authorize a municipal ccuncil , In its own discretion , to grant an exemption to the requirements of Sections 3 , 4(b ) and 17(b) of the terms and conditions provided that : . . . 2/ (a) the licence appII-cant cannot meet the requirements of Section 3; or (b) the licence applicant meets the requirements of Section 3 but it is Impractical to sell tickets from that location ; <c) the sale of tickets is Iimited to location only ; and (d) all other sections of the terms and conditions are compiled with. Where an exemption has been granted , a municipal council must ensure the licencee complies with ALL OTHER TERMS AND CONDITIONS and the recipient charity receives maximum proceeds from the sale of Nevada Tickets . t MONTE KWINTER Minister 1 1 ATTACHMENT #3 C o u n c i l M i n u t e s - 9 - June 24, 1991 REPORTS Item #16 Resolution #C-401-91 Break-Open Moved by Councillor Hamre, seconded by Councillor Hannah Tickets P009.1402.GE. THAT the verbal request made by Victoria Dove on behalf of the Big Sisters Organization for an exemption from Sections 3, 4(b) and 17(b) of the Terms and Conditions under which the break-open tickets (Nevada) are sold, be denied based on the Provincial criteria 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. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard Resolution #C-402-91 Moved by Councillor Hamre, seconded by Councillor Hannah THAT the verbal request made by Victoria Dove on behalf of the Big Sisters Organization, for an exemption from Sections 3, 4(b) and 17(b) of the Terms and Conditions under which the Break-Open Tickets (Nevada) are sold,be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Deegan Councillor Hamre Councillor Hannah Councillor Hooper Councillor Stapleton Councillor Wotten Mayor Hubbard L ATTACHMENT #4 ENTERTAYNIiENT STANDARDS BRANCH DATE SECTION LOTTERIES SECTION POLICY MANUAL , . 30/07/89. 7.5.1 CM[APTE,R 7 LICENSING POLICIES SECTION 5 BREAK OPEN TICKETS SUBSECTION 1 GENERAL BREAK OPEN TICKETS In order to effectively administer break open ticket -lotteries in accordance with the principles outlined in Section 1.3 and Section 7.1 of this manual, the following policies apply in the licensing of these events: • Organizations wishing to conduct break open tickets lotteries can be licensed only in the municipality in which they are based, unless they are selling tickets - as a member- of a bingo sponsor's association: • Organizations may be licensed to sell tickets from one location only, and must choose one designated location from which all tickets are to be sold. • Organizations selling break open tickets as part of a bingo sponsor's association cannot be licensed to sell tickets at any other location. • Only one- break open ticket licence -per address or location may be issued. • Where the organization is a national or provincial one with chapters throughout the province, each chapter may obtain a break open ticket licence provided that: ' the chapter is an incorporated, legal entity with a specific mandate the licence is issued for the chapter's home base municipality • only one licence per chapter is issued Wherever practical, the sale of tickets should be licensed for the premises which is regularly owned or occupied by the applicant organization. ATTACHMENT #5 yv�VT DIRECTION-OF OSHAWA CITY COUNCIL -CARRIED File.: D-2320 Meeting Date: March 16, 1992 To: Department Head Department of - ✓� City Clerk's ,dr''Gr1 SU4C+" Community Services Economic Development Fire Personnel Planning and Development Public Works City Solicitor's Treasury and Finance —, Other: _ Item 5 SIXTH Report of the Fire Protection and General Purpose Committee. 5. Clerk's Department Report 92-12 re: Break Open Lotteries at Commercial Lorati ons Recommendation That the Lottery By-law be amended to permit the sale of Break Open Lotteries at commercial locations subject to the following conditions: 1) the organization must have their office based in Oshawa. 2) the organization shall not hold a bingo lottery event licensed by the City. 3) the organization must employ a minimum of one full-time staff person. 4) the organization and proposed vendor must sign an agreement outlining their responsibilities involved in the sale of Break Open Lottery tickets. 5) No more than one break open lottery scheme may be licensed from any one location. i y Clerk's Department ATTACHMENT #6 G.P.& A. M i n u t e s - 4 - March 2, 1992 CLERK'S DEPARTMENT Permission to Sell Resolution #GPA 207-92 Break-Open Lottery (Nevada) Tickets Moved by Councillor Hooper, seconded by Councillor Dreslinski Multiple Sclerosis Society, Oshawa THAT Report CD-6-92 be received; D09.3870.GE THAT the request received from Don Webb, Chapter Chairperson, Multiple Sclerosis Society of Canada, for approval of a licence for the sale of Break-Open Lottery (Nevada) Tickets, be denied on the basis that the Town of Newcastle is not the home based municipality of this organization; and THAT Don Webb be advised of Council's decision and he be forwarded a copy of Report CD-6-92. "CARRIED" Heritage Designations Resolution #GPA 208-92 67 Ontario St. 27 King St. W. Moved by Councillor Hooper, seconded by Councillor Scott Enfield United Church Eldad Church, Soling THAT Report CD-8-92 be received; R01.373&EI R01.1725.EN THAT the Mayor and Clerk be authorized to execute the appropriate R01.1592.KI by-laws as attached to Report CD-8-92; R01.1593.ON THAT the Clerk be authorized to carry out all actions necessary to complete the process of property designation pursuant to the Ontario Heritage Act, 1974, and detailed within Report CD-8-92; and THAT Mr. and Mrs. S. Sadler, Reverend Doug Warren, Mrs. L. Alloway, the Ontario Heritage Foundation and Mrs. P. Dewell, Local Architectural Conservation Advisory Committee, be advised of Council's decision. "CARRIED" Permission to Sell Resolution #GPA 209-92 Break-Open Lottery (Nevada) Tickets Moved by Councillor O'Toole, seconded by Councillor Hannah Tyrone Community Centre THAT Report CD-9-92 be received; P09.3870.GE THAT the application received from Arlene Yeo, Chairman, Tyrone Community Centre, for approval of a licence for the sale of Break-Open Lottery (Nevada) Tickets, be exempted from Sections 3 and 17(b) of the Terms and Conditions of the Licence; THAT the Licence be issued provided the Licencee complies with all other Terms and Conditions of the Licence; and THAT Arlene Yeo be advised of Council's decision and she be forwarded a copy of Report CD-9-92. � J "CARRIED" MY-19-42 TUE 09:48 ID:MCCR ENTERTAIN STDS. TEL NO:FAX 4 tt77---' P02 10 Wei 10MOY St. E, A73�str'i of hANsWe 69 la Entertalniment Torgnto Ontario 0 INA ZH6 ')GUM and Con Standards 10, rue Wellesley e8t at du DirecUor, deva norrnsa rs�ativ-a',; Toronto (CntarlO) Commerce aux diverfl rise vnts publics M7A 241a Telapr)onc 1081 Faw 418 3244684 May 14, 1992 mv. Marie P. Knisht wputy Clerk To of N*w0ast1 e 4o Temperance Street Bowman vill e, Ontario LhC 3A5 Dear Ms. Fnight, La t ma begin by apologizing for the delay in respond.n to your is tar As I discussed with you, Curran t rules resp4ctinq the issuanna Of yovada licences limits each srganization to sell tickets from one locaticn Only. Because itL is difficult to determine whether an Voganization holds a nsvada licence in any other municipality, our p;jj,jr its that the organization may sell imicksts only frOM the municipality i hjc4 th*y are Lased. Wt are in the process of rsvising our P01icias tw all" organizations which have a demonstrated provincial manfats W ssl: r I from ore location in eaclj municipality, Fina , 1pyroval would still rest with the local muni&Pal ccunlil � TO it ', ilia midst of completing all the adninistrativia rsqUirI71-0s regarding this change and hope to have a bulletin sent out -j Yc - in the near fu turns describing eligibility criteria and h . ohs yrooaas will work. orti! this change has been affected, the currant rules rsShniating naval* ticket sales to one location within the organizoti offs 's home lase =nnicipality remain in effect. ! hope this is the information you require, and Win 1 QKOKM for the time it took for my response, please feel free to contact ns it you have any quasticns foar s .truly, �21 #Min a MO,- "Ch Municipal L1, man coordinator THE TOWN 0= ewcasl(ie ONTARIO April 14, 1992 Ms . Sandy Flynn Promotions Co-ordinator Big Sisters, N.O.W. 179 Ring Street East Oshawa, Ontario L1H 1C2 Dear Ms. Flynn: RE: REQUEST FOR PERMISSION TO SELL BREAK-OPEN LOTTERY (NEVADA) TICKETS - BIG SISTERS N.O.W. , OSHAwA OUR FILE: P09.1402.GE At a meeting held on April 13, 1992, the Council of the Town of Newcastle approved Recommendation #GPA-281-92: "THAT Report CD-11-92 be received; THAT the request received from Sandy Flynn, Promotions Co-ordinator, Big Sisters, N.O.W. , for approval of a licence for the sale of Break-Open Lottery (Nevada) Tickets, be denied on the basis that the Town of Newcastle is not the home based municipality of this organization; THAT the Lottery Licensing Officer (Town Clerk) be directed to deny all requests for Break-Open Tickets (Nevada) Licences, if the applicant organization is not based in the Town of Newcastle, until such time as the Lotteries Branch of the Ministry of Consumer and Commercial Relations amends its policy in this regard; and THAT Sandy Flynn be advised of Council's decision and she be forwarded a copy of Report CD-11-92 . " Enclosed, for your information, is a copy of Report CD-11-92 . Yours truly, Patti L. Barrie, A.M.C.T. Town Clerk PLB/lb Enclosure CORPORATION CAE THE -TOWN OF NEWCASTLE 40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO - L1 3A6 • (416) 623-3379 FAX 623-4169 RECYCLED PAPER ATTACHMENT #1 TOUTS AND CONDITIONS UNDER MiIC'H THE BREAK-OPEN TICKET LICENCE IS ISSUED (FORM BOIL-TC) It is a condition of each licence that: (1) The licencee shall conply 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 ticket§ 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 .500 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. �ONINION ( NO. OF TICKETS PRICE PER GROSS UNIT NO. OF WINNING PRIZES Wma NAME PER UNIT TICKET REVENUE TICKETS PER UNIT PER UNIT I FEE UN Regular 1668 or S .50 $ 834 or 224 $600.00 1664 $ 832 $10.0 Super 2184 $ .50 $1092 224 or $800.00 $12.00 228 Junior 1668 or $ .25 $ 417 224 $284.00 1664 $ 416 $5.00 - 2 - (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 conudnglings 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 bonaf i de 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 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.