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By-law 2010-032 - As Amended
A By-law of The Corporation of the City of Barrie
to licence, regulate and govern lottery events
carried on within the City of Barrie and to repeal
By-law 88-260, Part 3, as amended regarding
Lotteries.
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Official versions of all By-laws can be obtained from the City Clerk's
Office by calling (705) 739-4204.
This By-law printed under and by
the authority of the Council of the
City of Barrie
By-law 2010-032
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Lottery Licensing
2
Bill No. 024
BY-LAW NUMBER 2010-032
A By-law of The Corporation of the City of Barrie to licence,
regulate and govern lottery events carried on within the City
of Barrie and to repeal By-law 88-260, Part 3, as amended
regarding Lotteries.
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 ("The Municipal Act,
2001") provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising the authority under the Act;
AND WHEREAS Section 9 of the Municipal Act, 2001 provides that Sections 8 and 11 shall
be interpreted broadly so as to confer broad authority on municipalities to (a) enable municipalities
to govern their affairs as they consider appropriate and, (b) enhance their ability to respond to
municipal issues;
AND WHEREAS Section 11 of the Municipal Act, 2001 provides that a single-tier
municipality may pass by-laws respecting matters within the spheres of jurisdiction set out therein;
AND WHEREAS Section 206 of the Criminal Code of Canada regulates lotteries and games
of chance;
AND WHEREAS Section 207 of the Criminal Code of Canada sets out provisions governing
permitted lotteries;
AND WHEREAS by resolution 09-G-466, the Council of The Corporation of the City of
Barrie deems it expedient to enact a by-law to license, regulate and govern lottery events and to
repeal By-law 88-260, as amended, Part 3, regarding lotteries.
NOW THEREFORE, the Council of The Corporation of the City of Barrie enacts as follows:
1.0.0.0.0
DEFINITIONS
For the purpose of this by-law:
1.1.0.0.0
BINGO - means a Lottery where consideration is given for a chance to win a prize
or prizes consisting of cash or merchandise by being the first to complete a
specified arrangement of number or symbols on paper from number or symbols
selected at random.
1.2.0.0.0
BREAK OPEN TICKET - means a device which is made of cardboard and which
has one or more perforated covered window tabs behind which are winning and
losing numbers or symbols that must be revealed by the tearing off of the covered
tabs.
1.3.0.0.0
CRIMINAL CODE - means the Criminal Code of Canada.
1.4.0.0.0
EVENT - means a series of games played within an identified time frame under a
licence or permit issued by the proper authority.
1.5.0.0.0
ELECTRONIC BINGO - means a lottery where consideration is given for a
chance to win a prize or prizes consisting of cash or merchandise by being the first
to complete a specified arrangement of numbers or symbols by way of an
electronic format where such numbers or symbols are selected at random by a
person or electronic device.
1.6.0.0.0
LETTER OF CREDIT - a document provided from a recognized financial
institution which shall cover the full value of all prizes offered, including any bonus
prizes. Such document must guarantee all funding for a minimum of 45 days after
the final draw as specified on the licence or permit and must indicated on the
document all parties involved such as the legal name of the charity and the
specific event details and or name.
By-law 2010-032
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Lottery Licensing
3
1.7.0.0.0
LICENCE - means a lottery licence issued by a Lottery Licensing Officer for the
City of Barrie pursuant to the provisions set out in this by-law.
1.8.0.0.0
LOTTERY - means a scheme that involves a prize, a chance to win a prize and
consideration in any form for the chance to win a prize, and shall include but is not
limited to raffles, bingos, break-open tickets and Monte Carlos.
1.9.0.0.0
MINISTER - means the Minister of Government and Consumer Services
Relations.
1.10.0.0.0
ORDER-IN-COUNCIL - means Order-in-Council 1413/08 (as amended) and
approved by the Lieutenant Governor of Ontario and any amendments thereto.
1.11.0.0.0
PERMIT - means a lottery permit issued by the Lottery Licensing Officer for the
City of Barrie pursuant to the provisions set out in this by-law and the terms and
conditions of the Ontario Lottery Gaming Commission.
1.12.0.0.0
RAFFLE - means a lottery scheme where tickets are sold for a chance to win a
prize by way of a draw.
1.13.0.0.0
SPECIAL (MONSTER) BINGOS - means any bingo event where the total prize
board for that event exceeds $5,500.00 in prizes and which is licensed by the
appropriate licensing authority.
1.14.0.0.0
TERMS AND CONDITIONS - means any terms, conditions, regulations,
restrictions, permission, approvals and or denials as set out and amended from
time to time by the Alcohol and Gaming Commission of Ontario or the Ontario
Lottery Gaming Corporation.
1.15.0.0.0
VARIABLE PRIZEBOARD - means that portion of the total bingo prize money
which is any portion of the prize board that exceeds $1,800.00 to a maximum of
$4,500.00 and which shall have a 60/40 % split of gross receipts, of which not
more than 60% shall be awarded in prizes for that event.
2.0.0.0.0
APPOINTMENTS
2.1.0.0.0
The Council of the Corporation deems it expedient to appoint by appropriate by-
law Lottery Licensing Officer(s) as is deemed necessary to process, issue and
regulate lottery licenses to eligible charitable, not-for-profit or religious
organizations for the conduct and management of lottery events.
3.0.0.0.0
GENERAL PROVISIONS
3.1.0.0.0
All Terms and Conditions, Policies and Procedures or other guidelines regarding
lottery licensing as set out and established by the Ministry of Government and
Consumer Services as well as any relevant Order-in-Council, or other legislation,
as may be amended from time to time, shall apply to any and all lottery events
licensed or to be licensed by the Lottery Licensing Officer for the City.
3.2.0.0.0
The Licensee shall comply with all terms and conditions, policies and procedures
or other guidelines established by the Ministry of Government and Consumer
Services as well as any relevant Order-in-Council, or other legislation as may be
amended from time to time with respect to any lottery licence issued to the
licensee.
3.3.0.0.0
No licence shall be issued to an applicant that is in default of any condition or
provision of the Criminal Code or any Municipal or Provincial regulation as
established or amendments thereto, or who has outstanding any report(s) of the
details of a previously licensed lottery event(s), or in the case of a licensed bingo
lottery has submitted three or more reports after the submission dates as required
by the terms of the licence or permit.
4.0.0.0.0
APPLICATIONS
4.1.0.0.0
Applications for a lottery licence or permit shall be made to the Lottery Licensing
Officer no later than fourteen (14) days prior to the first date on which the lottery
event is to commence.
4.2.0.0.0
A decision of the Lottery Licensing Officer to refuse or not recommend an
application for a licence may be appealed by the applicant to Council or it's
designate and the decision of the Council or its designate shall be final. In the
case of Electronic Bingo's the applicant can appeal the decision to the Ontario
Lottery Gaming Corporate (OLG) or it's designate and the decision Ontario Lottery
Gaming Corporation shall be final.
By-law 2010-032
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Lottery Licensing
4
4.3.0.0.0
Nothing in this By-law, Order-in-Council, terms and conditions or the policies and
procedures obligate the Lottery Licensing Officer or Council to issue a licence to
any applicant.
5.0.0.0.0
BINGOS
5.1.0.0.0
Bingo Lottery licence and/or permits may be issued for a single occasion or a
number of occasions during a period not to exceed three (3) consecutive months
and within the following durations:
January 1 - March 31
April 1 - June 30
July 1 - September 30
October 1 - December 31
5.2.0.0.0
The maximum prize board for bingo lotteries shall not exceed $4,500.00 per event.
5.3.0.0.0
Bingo prize boards shall incorporate both variable and fixed games. The
maximum fixed bingo prize board for any bingo event shall not exceed $1,800.00
of the $4,500.00 maximum prize board. The remaining prize board shall be a
variable prize board with a 60/40% split of gross receipts up to the maximum prize
board of $4,500.00. No more than 60% shall be distributed as prizes in the
variable portion of the prize board in any bingo event.
6.0.0.0.0
SPECIAL (MONSTER) BINGO
6.1.0.0.0
Eligible organizations may apply for a Special (Monster) Bingo licence which may
be approved and recommended to the proper authority for the events in the City in
accordance with all terms and conditions, policies and procedures or other
guidelines as established by the Ministry of Government and Consumer Services
as may be amended from time to time, with respect to Special (Monster) Bingo, to
a maximum of eight (8) events per year within the City and on the basis that
registered bingo halls will facilitate such bingos on an alternating basis.
7.0.0.0.0
LOTTERY LICENCE FEES
Bingo Lottery Licence -
As set out in the City of Barrie Fee's By-law
Media Bingo Licence -
As set out in the City of Barrie Fee's By-law
Special Monster Bingo -
As set out in the City of Barrie Fee's By-law
Break Open Ticket Licence -
As set out in the City of Barrie Fee's By-law
Bazaar Licence -
As set out in the City of Barrie Fee's By-law
Raffle Licence -
As set out in the City of Barrie Fee's By-law
7.1.0.0.0
No licence shall be issued until the licence fee has been paid.
7.2.0.0.0.
Where no licence is issued, the licence fee shall be refunded to the applicant, less
an administrative fee as set out in the City of Barrie's Fee's By-law.
7.3.0.0.0
No licence fee shall be refunded to the licensee where a license is suspended,
cancelled or otherwise ceases to be in force.
7.4.0.0.0
Notwithstanding fees set out in the City of Barrie Fee's by-law no permit fee shall
be charged by the City for Bingo permits issued under the terms and conditions or
contractual obligations as set out by the Ontario Lottery Gaming Corporation with
respect to Electronic Bingo (E-Bingo).
8.0.0.0.0
ENFORCEMENT
8.1.0.0.0
Where the Lottery Licensing Officer, Municipal Law Enforcement Officer, Police
Officer or other person appointed has reason to believe that there exists a breach
or an apparent breach, or there is an impending breach of any of the provisions of
the laws, terms and conditions, policies and procedures or guidelines governing
the management and conduct of any lottery event, he may suspend or cancel the
lottery licence, or otherwise direct the licensee to cease from further conducting
the lottery event.
By-law 2010-032
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Lottery Licensing
5
8.2.0.0.0
In the event that a licensee fails to comply with any of the provisions of the
Criminal Code or of any Provincial or Municipal regulations, or any amendments
thereto, the Lottery Licensing Officer may notify the Licensee by registered mail of
the cancellation or suspension of the licence, the reasons for such cancellation or
suspension, and any conditions imposed in respect of such cancellation or
suspension, and thereupon, the Licensee shall cease the lottery.
8.3.0.0.0
Where the lottery licence has been suspended or cancelled or the licensee has
otherwise been directed to cease from further conducting the lottery event, the
licensee may appeal such decision or Council and Council or its designate may in
its discretion, suspend, cancel, support the order to cease from further conducting
the lottery event, or reinstate the license upon such terms and conditions as they
deem appropriate and the decision of Council or its designate shall be final.
9.0.0.0.0
OFFENCE
9.1.0.0.0
Every person who contravenes any provision of this by-law shall immediately have
their eligibility to conduct lottery events within the City of Barrie suspended or
revoked.
9.2.0.0.0
Every person who contravenes any provision of this by-law, the policies and
procedures as set out by the Ministry of Government and Consumer Services or
the terms and conditions as set out by the Ontario Lottery Gaming Commission
may be guilty of an offence under the Criminal Code of Canada.
10.0.0.0.0
REPEAL
10.1.0.0.0
That By-law 88-260, Part 3, as amended regarding lotteries be repealed.
11.0.0.0.0
FORCE AND EFFECT
11.1.0.0.0
THAT this by-law shall come into force and take effect immediately upon passing.
READ a first and second time this 22nd day of February, 2010.
READ a third time and finally passed this 22nd day of February, 2010.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
________________________________________
MAYOR - DAVE ASPDEN
"ORIGINAL SIGNED"
________________________________________
CITY CLERK - DAWN A. MCALPINE
By-law 2010-032
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Lottery Licensing
6
AMENDMENTS TO BY-LAW 2010-032 - LOTTERY LICENCING
Amending By-law
Date of By-law
2012-040
Section 7.0.0.0.0, 7.2.0.0.0
and 7.4.0.0.0
February 13, 2012