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THE CORPORATION OF THE TOWN OF MARATHON
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BY-LAW NO. 1722
A by-law to repeal By-Law Nos. 897, 1079,
1408 and 1481 and to regulate and govern
Lottery Events carried on within the Town of
Marathon.
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;
NOW THEREFORE, the Council of the Corporation of the Town of
Marathon enacts as follows:
That By-Laws Nos. 897, 1079, 1408 and 1481, be and are hereby
repealed.
SHORT TITLE
2.
This by-law may be cited as the "Lottery Licensing By-Law".
INTERPRETATION
3.
a)
In this by-law:
i)
words importing the singular number only, include more
persons, parties or things of the same kind than one and the
converse, and
ii)
a word interpreted in the singular number has a
corresponding meaning when used in the plural.
b)
It is declared that if any section, subsection or part or parts thereof
be declared by any court of law to be bad, illegal or ultra vires, such
section or part or parts shall be deemed to be severable and all
parts hereof are declared to be separate and independent and
enacted as such.
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DEFINITIONS
4.
For the purpose of this by-law:
a) 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.
b) 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.
c) COUNCIL - means the Council of the Corporation of the Town of
Marathon.
d)
CRIMINAL CODE - means the Criminal Code of Canada.
e) EVENT - means a series of games played within an identified time
frame under a licence or permit issued by the proper authority.
f)
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.
g) LICENCE - means a lottery licence issued by a Lottery Licensing
Officer for the Town of Marathon pursuant to the provisions set out in
this by-law.
h) 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.
i)
LOTTERY LICENSING OFFICER - means any person appointed by
Council to issue lottery licences under the authority of an Order in
Council approved by the Lieutenant Governor of Ontario.
j)
MINISTER - means the Minister of Government and Consumer
Services Relations.
k) ORDER-IN-COUNCIL - means Order-in-Council 1413/08 (as
amended) and approved by the Lieutenant Governor of Ontario and
any amendments thereto.
l)
PERMIT - means a lottery permit issued by the Lottery Licensing
Officer for the Town of Marathon pursuant to the provisions set out in
this by-law and the terms and conditions of the Ontario Lottery
Gaming Commission.
m) RAFFLE - means a lottery scheme where tickets are sold for a
chance to win a prize by way of a draw.
n) 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.
o) 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.
p) 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.
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APPOINTMENTS
5. The Council of the Corporation of the Town of Marathon deems it expedient
to appoint by appropriate by-law, a Lottery Licensing Officer(s) as is deemed
necessary to process, issue and regulate lottery licences to eligible charitable,
not-for-profit or religious organizations for the conduct and management of
lottery events.
GENERAL PROVISIONS
6.
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 Town of Marathon.
7.
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.
8.
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.
APPLICATIONS
9.
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.
10.
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 Corporation (OLG) or it's
designate and the decision Ontario Lottery Gaming Corporation shall be
final.
11.
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.
BINGOS
12.
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
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13.
The maximum prize board for bingo lotteries shall not exceed $4,500.00
per event.
14.
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.
SPECIAL (MONSTER) BINGO
15.
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 Town 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.
LOTTERY LICENCE FEES
16.
Bingo Lottery Licence 3 % of the maximum prize board
Media Bingo Licence 3 % of the maximum prize board
Special Monster Bingo 3 % of the maximum prize board
Break Open Ticket Licence 3 % of the total prizes
Bazaar Licence 3 % of the total prizes
$10.00 per wheel
Raffle Licence 3 % of total retail prize value
17.
No licence shall be issued until the licence fee has been paid.
18.
No licence fee shall be refunded to the licensee where a license is
suspended, cancelled or otherwise ceases to be in force.
19.
Notwithstanding Section 16 no permit fee shall be charged by the
municipality 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).
ENFORCEMENT
20.
Where the Lottery Licensing Officer, Municipal By-Law 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.
21.
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.
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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 to 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
licence upon such terms and conditions as it deems appropriate and the
decision of Council or its designate shall be final.
OFFENCE
Every person who contravenes any provision of this by-law shall
immediately have their eligibility to conduct lottery events within the Town
of Marathon suspended or revoked.
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.
FORCE AND EFFECT
THAT this by-law shall come into force and take effect immediately upon
passing.
READ A FIRST AND SECOND TIME THIS 14TH DAY OF FEBRUARY,
A.D., 2011.
...........................................
Mayor
(SEAL)
...........................................
Clerk
READ A THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF
FEBRUARY, A.D., 2011.
...........................................
Mayor
(SEAL)
...........................................
Clerk