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Amended B/L 167-2012, Nov. 5/12
B Y - L A W N U M B E R
65-2007
A BY-LAW TO PROVIDE FOR LOTTERY
LICENSING
PROCEDURES
AND
REGULATIONS IN THE CITY OF WINDSOR
Passed the 30th day of April 2007.
WHEREAS the Province of Ontario has enacted the Gaming Control Act to
regulate the supply of goods, services and equipment to charitable and religious
organizations that are licensed to conduct lottery schemes; and
WHEREAS the Province of Ontario has enacted an Order-in-Council to establish
regulations for the issuance of lottery licenses for charitable purposes for the benefit of
residents of Ontario which includes delegated authority for municipalities to issue
licenses to charitable or religious organizations to conduct and manage lottery schemes in
accordance with standard terms and conditions, and to impose additional terms and
conditions which are relevant to the type of lottery being conducted and local conditions;
and
WHEREAS the Province of Ontario has established the Alcohol and Gaming
Commission of Ontario to establish policies for the regulation of the charitable gaming
sector; and
WHEREAS it is deemed expedient and necessary for the adoption of additional
procedures and regulations for lotteries operated in the City of Windsor;
THEREFORE the Council of the Corporation of the City of Windsor enacts as
follows:
SECTION 1 - TITLE AND SCOPE
Short Title
1.
This by-law may be cited as the Lottery Licensing By-law.
Scope
2.
The provisions of this by-law shall regulate the operation of bingo, raffle, and
break-open ticket lotteries operated in the City of Windsor pursuant to the Terms
and Conditions as issued by the Alcohol and Gaming Commission of Ontario
from time to time.
SECTION 2 - DELEGATION
3.
The Licence Commissioner for the City of Windsor shall be appointed the local
lottery licensing officer pursuant to the Gaming Control Act and provincial Order-
in-Council respecting lottery licensing.
4.
The Licence Commissioner is authorized to delegate administrative detail as
necessary for the carrying out of the administration of this by-law.
SECTION 3 - GENERAL REGULATIONS
5.
No person shall conduct a bingo, break-open ticket, or raffle lottery within the
City of Windsor until such person or organization has made application to the
Licence Commissioner and received a licence from the municipality or the
Alcohol and Gaming Commission of Ontario.
BY-LAW NO. 65-2007
- 2 -
Application
6.
All first time applicants for lottery licenses in the City of Windsor shall make
application on the form prescribed by the Alcohol and Gaming Commission of
Ontario and include the following additional information as required:
(a)
Police Clearances for each signing officer on the application;
(b)
a copy of letters patent or certificate of incorporation where the applicant
organization is incorporated as a non-profit corporation without share
capital;
(c)
a clear statement of the charitable objects and purposes of the corporation
to allow for an assessment of the eligibility of the organization including
information of any association with any other charitable organizations
currently eligible for lottery licensing;
(d)
a copy of a budget projection for the organization for the next 12 months
including estimates of the amount of money to be raised from lottery
licenses and other sources of revenue;
(e)
any additional information requested by the Licence Commissioner to
determine the eligibility of the applicant pursuant to the provincial Terms
and Conditions and interpretation bulletins.
7.
The Licence Commissioner shall review the application and where the application
is complete and the charitable objects of the corporation meet the criteria for
bingo eligibility as established by the Province of Ontario through the Alcohol
and Gaming Commission of Ontario, the Licence Commissioner shall issue the
licence.
8.
Where, in the opinion of the Licence Commissioner, the investigation of the
application discloses that the signing officers are not of good character, the
issuance of the licence is adverse to the public interest or the applicant is not in
compliance with the criteria for eligibility as a charitable organization, the
Licence Commissioner shall not issue the licence and shall notify the applicant
organization in writing with advice that the organization may request a review of
this determination by City Council provided a written request for a review is filed
with the Licence Commissioner.
Terms of Licence
9.
A licence issued by the municipality under this by-law shall continue in force
during the time period specified on the licence and is not assignable nor
transferable and may be revoked by the Licence Commissioner subject to a right
to a review hearing by City Council.
SECTION 4 - BINGO LOTTERIES
10.
All charitable or non-profit organizations operating bingo events in the City of
Windsor shall make application to the local lottery licensing officer or
representative in advance of the event.
11.
Charitable or non-profit organizations operating bingo lottery events at bingo
halls outside the Corporate boundaries of the City of Windsor are prohibited from
also receiving licenses for events at bingo halls within the City of Windsor.
Regular Events
12.
(a)
Charitable or non-profit organizations shall be permitted licenses for ✔ up
✔to fifty-two (52) events in a calendar year.
(b)
Licenses shall not be issued to charitable or non-profit organizations for
event dates more than six (6) months in advance.
BY-LAW NO. 65-2007
- 3 -
(c)
Changes to dates and times for events shall require the completion of a
new application and issuance of a new or revised licence.
13.
All Hall Sponsor Administrator's shall submit the following to the City of
Windsor ✓Office of the City Clerk - Policy, Gaming & Licensing Division✓
and update the department as changes occur: ✓✓amended B/L 167-2012,
Nov.5/12
(i)
Constitution and/or by-laws of the sponsors' associations;
(ii)
List of all officers of the sponsors' association.
SECTION 6 - BREAK-OPEN TICKETS
14.
(a) All charitable and non-profit organizations operating break-open ticket
sales in the City of Windsor shall make application to the Licence
Commissioner for a licence;
(b) All Charitable and non-profit organizations operating break-open tickets
are permitted to sell break-open tickets from more than one sales location
within the City of Windsor subject to any limits on the number of sites
permitted to any organization which may be imposed by the Licence
Commissioner, from time to time.
Section 6(14) deleted & replaced - B/L 167-2012, Nov. 5/12
SECTION 7 - RAFFLES
15.
All charitable and non-profit organizations operating raffles in the City of
Windsor shall make application to the Licence Commissioner for a licence.
SECTION 8 - FEES
16.
Fees charged for licensed lottery events shall be payable to the Minister of
Finance for events licensed by the Alcohol and Gaming Commission of Ontario
or the City of Windsor for municipally licensed events pursuant to the fee
schedule as approved by the Alcohol and Gaming Commission of Ontario.
SECTION 9 - PENALTIES
17.
Where a licensee breaches the terms and conditions of a licence for a bingo lottery
or a section of this by-law, eligibility for licenses may be suspended for a four
month period and eligibility for seventeen licenses be forfeited of the 52 licenses
permitted in a year pursuant to Section 11(a) of this by-law.
SECTION 10 - OTHER
18.
That Lottery By-law 83-2006 be repealed.
19.
This by-law shall come into force and take effect on the day of the final passing
thereof.
MAYOR
DEPUTY CLERK
First Reading
-
April 30, 2007
Second Reading -
April 30, 2007
Third Reading
-
April 30, 2007