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NEWFOUNDLAND AND LABRADOR
REGULATION 1/02

Lottery Licensing Regulations
under the
Criminal Code
(M.C. 1081-82)

Amended by:

55/02
33/03
33/09
77/13
2016 c32 s18

NEWFOUNDLAND AND LABRADOR
REGULATION 1/02

Lottery Licensing Regulations
under the
Criminal Code
(M.C. 1081-82)

(Filed January 14, 2002 )

Under the authority granted by the Lieutenant-Governor in Council by Minute in Council 1081-82 and subsection 207(2) of the Criminal Code , I make the following regulations.

Dated at St. John’s , January 9, 2002 .

Walter Noel
Minister of Government Services and Lands

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definitions

              PART I
TERMS AND CONDITIONS

       
3.   Issuing of licence

       
4.   Refusal of licence

       
5.   Application of general rules

       
6.   Signing authority

       
7.   Forms to be approved

       
8.   Terms or conditions imposed

       
9.   Exception

     
10.   Other schemes

     
11.   Appeal

              PART II
GENERAL RULES

     
12.   Posting of rules and licence

     
13.   Lotteries trust account

     
14.   Signing officers

     
15.   Trust account reconciliation

     
16.   Mandatory depositing

     
17.   Interest

     
18.   Combined event revenues

     
19.   Expenses

     
20.   Division's financial records

     
21.   Unencumbered access by peace office

     
22.   Removal of books, etc.

     
23.   Audited statements

     
24.   Suitable premises

     
25.   Equipment

     
26.   Compliance

     
27.   Chances equal

     
28.   Contracts or agreements not permitted

     
29.   Proposed future lottery

     
30.   Prizes

     
31.   Licence number

     
32.   Verification

     
33.   Licence amendments

     
34.   Notification

     
35.   Licence period

     
36.   Delegation of management not permitted

     
37.   Non-transferrable

     
38.   Financial report

     
39.   Bingo lottery

     
40.   Licensed breakopen lottery

     
41.   licensed bingo/breakopen lottery

     
42.   Licensed ticket lottery

     
43.   Licensed games of chance lottery

     
44.   Licensed monte carlo lottery

     
45.   Licensed sports ticket lottery

     
46.   Repeal

     
47.   Commencement


Schedule A


Schedule B


Schedule C


Schedule D


Schedule E


Schedule F


Schedule G


Short title

        1. These regulations may be cited as the Lottery Licensing Regulations.

1/02 s1

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Definitions

        2. In these regulations

             (a)  "amateur sport" means

                      (i)  provincial programs directly associated with a provincial sports governing body, or

                     (ii)  youth development programs for participants under 21 years old,

and certified by the related sports governing body and the Department of Tourism, Culture and Recreation, or

                    (iii)  those other competitive adult sport programs which play under official or modified rules that lead to provincial championships;

             (b)  "charitable or religious object or purpose" means an object or purpose for

                      (i)  the relief of poverty,

                     (ii)  the advancement of education,

                    (iii)  the advancement of religion, or

                    (iv)  other purposes beneficial to the community;

             (c)  "charitable or religious organization" means an organization having solely charitable or religious objects or purposes and which performs services solely for public good or welfare without profit or pecuniary gain to its members;

             (d)  "director" means the Director of the Consumer Affairs Division;

             (e)  "division" means the Consumer Affairs Division of the department;

             (f)  "giveaways" means the awarding of items by the means of a draw where no monetary consideration is involved;

             (g)  "gross gaming related proceeds" means the gross proceeds as reported in Total Gross Proceeds section of the Financial Report;

             (h)  "gross receipts" means the total gaming revenues derived from all sources in the conduct and management of a lottery scheme or schemes;

              (i)  "jackpot" means an amount which accumulates from one bingo or bingo/breakopen event to another or a prize carried over from one bingo or bingo/breakopen event to another;

              (j)  "licence" means a licence issued under section 207 of the Criminal Code ;

             (k)  "licensee" means an organization licensed to conduct or manage a lottery scheme under these regulations and includes a member organization of an umbrella association;

              (l)  "lottery event" means

                      (i)  in the case of a bingo lottery or a bingo/breakopen lottery, a single period of operation not longer than 12 hours in a 24 hour period,

                     (ii)  in the case of a breakopen lottery, the period for which a licence is issued,

                    (iii)  in the case of a games of chance lottery, the period of operation to a maximum of 12 hours in a 24 hour period,

                    (iv)  in the case of a monte carlo lottery, the period of operation, to a maximum of 12 hours in a 24 hour period, or

                     (v)  in the case of a ticket lottery or sports lottery, the period over which the tickets entries are sold and a winner is determined;

           (m)  "lottery scheme" has the general meaning as contemplated in the Criminal Code and includes a bingo event, a breakopen ticket lottery event, a bingo/breakopen ticket lottery event, a ticket lottery event, a sports lottery event, a games of chance event, a monte carlo event as described in Part II;

             (n)  [Rep. by 77/13 s1]

             (o)  "minister" means the minister appointed under theExecutive Council Act to administer these regulations;

             (p)  "purpose beneficial to the community" means an activity or benefit to the public or some significantly large section of it and includes amateur sport, recreation, arts and culture, or youth activities; and

             (q)  "recreation" means a properly constituted community recreational organization of benefit to the community or some significantly large section of it, certified as genuine by a local municipal authority and the Department of Tourism, Culture and Recreation.

1/02 s2; 33/03 s1; 77/13 s1

PART I
TERMS AND CONDITIONS

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Issuing of licence

        3. The division or the Government Service Centre may issue a licence

             (a)  where the applicant is a charitable or religious organization and the proceeds of the lottery shall be expended on a charitable or religious object or purpose;

             (b)  where the applicant is an incorporated non-profit organization raising funds solely for charitable or religious objects or purposes; or

             (c)  where it is in the opinion of the division sufficient other licensing requirements have been met.

1/02 s3

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Refusal of licence

        4. A licence may be refused, suspended or revoked

             (a)  if on reasonable and probable grounds it is believed the conduct and management of a lottery is likely to reflect unfavourably upon the integrity of the lotteries program;

             (b)  in the opinion of an officer of the division the terms and conditions of the licence cannot be complied with; or

             (c)  where an applicant as a previous licence holder or licensee has violated a term or condition of that or licence.

1/02 s4

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Application of general rules

        5. The general rules for a licensed lottery scheme and the applicable schedule of rules shall form part of these terms and conditions and shall govern

             (a)  the conduct, limits and operation of a licensed lottery scheme; and

             (b)  the amount of licensing fees consistent with the type of lottery scheme proposed, that may be set by the minister.

1/02 s5

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Signing authority

        6. (1) The director or another official designated by the minister has signing authority for issuing licences.

             (2)  A person with signing authority for issuing licences may amend a licence or suspend or cancel a licence.

1/02 s6; 77/13 s2

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Forms to be approved

        7. The licence, the application for a licence, the financial report and other forms considered necessary shall be in the form approved by the minister.

1/02 s7

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Terms or conditions imposed

        8. A licence may contain the reasonable additional terms or conditions the signing authority considers necessary.

1/02 s8

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Exception

        9. (1) Notwithstanding a term or condition prescribed in these regulations, the division may issue a licence to the General Hospital Health Foundation to permit the conduct and management of a breakopen lottery scheme through hotels, motels, lounges and taverns which have been licensed under section 27 of the Liquor Control Act subject to a signed agreement between the foundation and the Tourist Industry Association of Newfoundland and Labrador, providing this agreement, containing the necessary elements of control, accountability and other relevant measures not inconsistent with the objectives of the Lotteries Control Program, is acceptable to the division.

             (2)  The licence referred to in subsection (1) may contain a further term and condition as the signing authority considers necessary.

1/02 s9

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Other schemes

     10. (1) Provided it is consistent with the objectives of the Lotteries Control Program, the division may license a lottery scheme other than a scheme already defined in the schedules to these regulations.

             (2)  The licensing fee for a lottery referred to in subsection (1) shall be set by the minister.

1/02 s10

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Appeal

      11. A person dissatisfied with a decision of the division respecting the refusal, suspension or revocation of a licence may appeal the decision to a judge of the Trial Division within 30 days of receipt of notice of the decision.

1/02 s11

PART II
GENERAL RULES

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Posting of rules and licence

      12. The following shall be posted in a conspicuous place in the premises designated for the conduct and operation of a lottery event:

             (a)  a copy of the current licence authorizing the lottery and any amendments for the licence;

             (b)  related schedules;

             (c)  house rules; and

             (d)  notices and posters, as required by the division.

1/02 s12

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Lotteries trust account

      13. (1) With the exception of charities, registered with the Charities Directorate of the Canada Revenue Agency, licensees shall open and maintain a separate designated lotteries trust account in a financial institution authorized to take deposits and to administer proceeds of the money derived from lottery schemes.

             (2)  Registered charities shall maintain separate lottery accounting records which shall include deposit books, journals and ledgers.

1/02 s13; 77/13 s3

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Signing officers

      14. In administering the trust account the licensee shall appoint a minimum of 2 signing officers, who shall be members of the licensee and who shall write cheques on behalf of the licensee.

1/02 s14

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Trust account reconciliation

      15. The licensee shall reconcile the trust account on a monthly basis, or as activity permits.

1/02 s15

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Mandatory depositing

      16. (1) Cash proceeds from lotteries shall be deposited into the licensee's trust account immediately upon receipt.

             (2)  The licensee shall not deposit money received from any other sources other than lottery activity into the trust account, transfer funds by any means from the trust account into an operating or general account of the licensee or close the trust account until all money has been used for the approved charitable or religious object or purpose.

1/02 s16

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Interest

      17. Any interest accrued on the trust account shall be used for the charitable or religious object or purpose of the licensee.

1/02 s17

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Combined event revenues

      18. Where a lottery is conducted on the occasion of, or in conjunction with some other lawful activity, such as a dinner, dance, entertainment, fashion show, etc. the percentage of the overall event revenues that are derived from lotteries shall be deposited in the trust account as reported, and used only for authorized purposes.

1/02 s18

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Expenses

      19. (1) All expenses incurred as a result of conducting the lottery shall be deducted and paid out from gross receipts derived from the lottery.

             (2)  Unless there is negative revenue, the licensee shall use no money from any other source to pay for lottery expenses.

1/02 s19

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Division's financial records

      20. (1) The licensee shall maintain the division’s financial records that relate to the licensed lottery, or a similar version that is approved by the division.

             (2)  In addition the licensee shall maintain books and other documents in support of all financial records and reports.

             (3)  The licensee shall obtain receipts for each expense incurred.

             (4)  These records shall be kept up to date and be retained for no less than 6 years from the expiry date of the licence.

1/02 s20

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Unencumbered access by peace office

      21. A peace officer as defined by the Criminal Code or an official of the division, shall be given unencumbered access to all areas of a premises on which a lottery scheme is taking place and, the officer or official shall be given unencumbered access at any reasonable time to all records pertaining to a lottery scheme, including the records of any commercial agent, and if considered necessary to remove the records from a premises.

1/02 s21

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Removal of books, etc.

      22. (1)  When requested the licensee shall deliver to the division, or permit the removal of, the licensee's books, records and other documents that would be requested.

             (2)  W here the licence refuses access or does not produce as requested, records or documents, the division may suspend or revoke licences.

1/02 s22

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Audited statements

      23. The division may require the licensee to provide audited statements in accordance with guidelines established by the division.

1/02 s23

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Suitable premises

      24. A lottery event shall be conducted in a suitable premises as approved by the division.

1/02 s24

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Equipment

      25. (1) All equipment used in the conduct of a lottery shall be located in an area visible to the players.

             (2)  Equipment shall be maintained in good working condition and shall be made available for inspection, upon request.

1/02 s25

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Compliance

      26. The licensee shall comply with all federal, provincial and municipal laws.

1/02 s26

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Chances equal

      27. In any licensed lottery scheme, the chances of winning shall be equal for all players or participants.

1/02 s27

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Contracts or agreements not permitted

      28. (1) A licensee shall not enter into a contract or agreement, written or verbal, implied or stated, for the supply or purchase of goods or services, unless the method of payment is fixed and pre-determined.

             (2)  Payment terms based upon a percentage or commission shall not be allowed.

             (3)  Excluded are commissions paid on ticket/entry sales.

1/02 s28

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Proposed future lottery

      29. The licensee shall not offer as a prize, tickets for a proposed future lottery.

1/02 s29

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Prizes

      30. (1) An organization licensed under section 3 may offer alcohol as a prize in a licensed lottery event to persons over the age of 19 years.

             (2)  Notwithstanding subsection (1), the Liquor Control Act precludes the granting of alcohol as prizes to any person under the age of 19 years.

             (3)  It is an offence under the Tobacco and Vapour Products Control Act to give tobacco, vapour products and non-tobacco shisha as a prize to a person under the age of 19 years.

             (4)  A prize of a firearm shall not be given to a person who is not authorized under the Firearms Act (Canada ) to possess a firearm.

33/09 s1; 2016 c32 s18

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Licence number

      31. (1) The licence number shall be shown on all advertising.

             (2)  Advertising outside of the province is not permitted unless a licence is held in that province in accordance with subsection 207(1)(f) of the Criminal Code .

1/02 s31

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Verification

      32. The division may require verification by affidavit, or the posting of a bond or satisfactory guarantee of the payment of a prize.

1/02 s32

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Licence amendments

      33. Any changes or amendments to the licence shall be requested in writing and may be authorized by the division.

1/02 s33

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Notification

      34. (1) Where a licensed lottery scheme does not proceed as scheduled, the division shall be notified immediately.

             (2)  The licensee shall then comply with any additional instructions as to handling or disposition of proceeds collected, or any other matter concerning the lottery or the licence.

1/02 s34

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Licence period

      35. A licence period shall not exceed 12 months unless expressly authorized by the division.

1/02 s35

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Delegation of management not permitted

      36. The conduct and management of a lotteries scheme shall not be delegated to another organization or to a person who is not a member of the licensed organization, without the approval of the division.

1/02 s36

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Non-transferrable

      37. A licence is not transferable.

1/02 s37

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Financial report

      38. (1) When required a financial report shall be submitted to the division within 60 days after the expiry date of the licence or as demanded.

             (2)  The report shall be accompanied with applicable fees for lottery licensing schemes in accordance with the following schedule:

             (a)  BINGO - Where a financial report is required, a licence fee shall accompany the report in the amount of 1% of the total amount of the retail value of prizes and cash given as prizes;

             (b)  BREAKOPEN - A licence fee shall accompany the financial report in the amount of $10 a box/unit or part box/unit of breakopens sold;

             (c)  BINGO/BREAKOPEN - For the bingo lottery, a licence fee shall accompany the report in the amount of 1% of the total amount of the retail value of prizes and cash given as prizes; the licence fee for breakopens is $10 a box/unit or part box/unit of breakopens sold;

             (d)  TICKET - Where a financial report is required, a licence fee shall accompany the report in the amount of 1% of the total amount of the retail value of prizes and cash given as prizes;

             (e)  GAMES OF CHANCE - Where a financial report is required, a licence fee shall accompany the report in the amount of 1% of the total amount of the retail value of prizes and cash given as prizes except in the case of a wheel of fortune a fee of $5 for each wheel per event and in the case of a game of chance a fee of $5 for each game per event;

             (f)  MONTE CARLO - A licence fee shall accompany the financial report in the amount of 1% of the total amount of the retail value of prizes and cash given as prizes except in the case of a wheel of fortune a fee of $5 for each wheel per event and in the case of a table game a fee of $5 for each game per event and in the case of a monte carlo game a fee of $5 for each game per event; and

             (g)  SPORTS - A licence fee shall accompany the financial report in the amount of 1% of the total amount of the retail value of prizes and cash given as prizes.

1/02 s38; 33/03 s3

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Bingo lottery

      39. A licensed bingo lottery scheme shall be conducted and managed in accordance with the rules as contained in Schedule A.

1/02 s39

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Licensed breakopen lottery

      40. A licensed breakopen lottery scheme shall be conducted and managed in accordance with the rules as contained in Schedule B.

1/02 s40

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licensed bingo/breakopen lottery

      41. A licensed bingo/breakopen lottery scheme shall be conducted and managed in accordance with the rules as contained in Schedule C.

1/02 s41

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Licensed ticket lottery

      42. A licensed ticket lottery scheme shall be conducted and managed in accordance with the rules as contained in Schedule D.

1/02 s42

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Licensed games of chance lottery

      43. A licensed games of chance lottery scheme shall be conducted and managed in accordance with the rules as contained in Schedule E.

1/02 s43

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Licensed monte carlo lottery

      44. A licensed monte carlo lottery scheme shall be conducted and managed in accordance with the rules as contained in Schedule F.

1/02 s44

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Licensed sports ticket lottery

      45. A licensed sports ticket lottery scheme shall be conducted and managed in accordance with the rules as contained in Schedule G.

1/02 s45

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Repeal

      46. Newfoundland and Labrador Regulation 95/85 is repealed.

1/02 s46

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Commencement

      47. These regulations come into force on January 31, 2002 .

1/02 s47

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Schedule A

Rules for Bingo Lotteries

        1. Each licensee shall comply with the following:

             (a)  excluding paragraph (c), maximum combined prize payout for each bingo event - $3,000;

             (b)  excluding paragraph (c) and media bingo, maximum prize payout for any one game - $1,500;

             (c)  in addition to the $3,000 maximum combined prize payout there may be not more than 2 additional 50/50 style bingo games with non-accumulating jackpots, one additional bingo game with an accumulating jackpot prize and one fixed linked bingo game.  The accumulated jackpot game and fixed linked bingo game shall be conducted in accordance with the conditions set by the division;

             (d)  excluding paragraph (c), jackpots are authorized to a maximum of $1,500;

             (e)  maximum authorized expenses from gross bingo proceeds - 20%;

             (f)  make every reasonable effort to return, for charitable or religious purposes, from gross gaming related proceeds - a minimum of 15%; and

             (g)  maximum allowable events a week for each licensee - 2, or 104 a year.

        2. [Rep. by NLR 55/02 s1]

        3. Not more than one bingo lottery event shall be conducted in a suitable premises, as defined by the division, in a day and shall not be conducted after 12:00 a.m. or before 8:00 a.m.

        4. Conditions of winning a game and the value of the prizes shall be announced before the commencement of each game.

        5. A new ball shall not be drawn from the chute until the previous ball drawn has been called and the ball is placed in the proper hole in the ball pocket tray.

      5.1 Once a caller has started to call a number on a ball the caller shall finish calling it.

        6. In the event that the number on a ball is miscalled, the actual number on the ball, not the called number, shall be the official number for the game.

        7. When bingo has been declared, the following sequence of events shall take place:

             (a)  the caller shall stop play by announcing bingo has been declared, and no further numbers shall be called pending confirmation of the bingo and the caller shall announce the game type being checked;

             (b)  the bingo machine shall be left on unless the ball funnel on the machine traps the last bingo ball;

             (c)  the checker shall take the declared card and place it in front of a player other than the owner of the card being checked, the checker shall then call back the numbers or the serial number to the caller and receive verification of the bingo and cards checked on a TV monitor shall be displayed on the monitor screen for at least 5 seconds;

             (d)  once all bingos have been checked, the caller shall ask clearly if there are any more bingos and indicate it is the last call and where no further bingos are declared, the caller shall drop the balls and state clearly that the game is closed; and

             (e)  the caller shall state the number of winners for each game and the amount paid to each winner.

        8. A claim shall not be valid if made after the game has been declared closed.

        9. A player does not need to have the last number called in order to be declared a winner.

      10. Where there is more than one winner of a bingo game, the prize offered shall be divided equally among all players having obtained a valid bingo.  The licensee may set a minimum prize payout not to exceed $5.  Where there is more than one winner of a merchandise bingo game, all players having obtained a valid bingo shall each be awarded a merchandise prize of equal value.

      11. Jackpots shall be paid out during the last event of the licence period if the licence is not to be renewed.

      12. The division may approve other schemes in conjunction with bingo, as indicated on the application and defined by the division.  These schemes are to be reported on the financial report, and applicable licence fees paid.

      13. Giveaways or promotional items including gestures of player appreciation related to regular bingo events shall not exceed 3% of the regular prize board at a given bingo hall.  This amount shall not be accumulated over events. This includes draws where no purchase is necessary.  This may be done either on a selective or at-large basis.  Those give-aways shall comply with the following:

             (a)  the licensee shall conduct the give-away;

             (b)  it is limited to the bingo hall;

             (c)  the actual cost of all items shall be recorded as expenses on the financial report;

             (d)  no individual item shall have a retail value of more than $25; and

             (e)  this does not include beverages or food sold at the concession, and given free to players by concession operators.

      14. Advertising may contain the monetary prize value to be awarded from each event but shall not combine prize values for more than one event to create the impression of a large bingo prize board.

      15. Cards may be used for a single game, or for 2 or more successive games in a series.  Called balls shall remain in the ball pocket tray until the final game in a series is completed.

      16. Discounted prices shall not be allowed for bingo cards or paper, including media bingo cards, unless separate and distinct cards are used.

      17. Bingo cards or bingo paper shall not be used as bonuses or prizes or given out for free unless it is accounted for in the event records.

      18. Bingo cards or paper shall not be altered or cut in any manner, but shall be sold in their original manufactured state.

      19. Bingo paper shall not be sold or exchanged between licensees unless the proper inventory controls are in place; this includes invoices.

      20. Where the bingo event has commenced and is cancelled due to an Act of God, the licensee shall issue refunds to all persons who have purchased bingo paper, prorated based on the number of games which have been played.

      21. The licensee shall ensure that no person directly involved in, or responsible for, the conduct of the bingo event or working at a bingo event as a caller or calling back cards shall purchase bingo paper or play bingo during that event.

      22. Gaming employees shall not play bingo in any hall or premises in which they are employed.

      23. Gaming employees or members of the licensee's executive shall not be employed by, under contract to, or have a financial interest in the lessor of the bingo premises, suppliers of bingo equipment, supplies, or services.

      24. All volunteer and gaming employees staff shall sign an attendance form before starting work.

Media Bingo
(radio, TV and newspaper)

      25. A media bingo game shall be held on the dates specified on the bingo card.

      26. A media bingo card shall have printed on it

             (a)  the frequency of the radio station or the channel of the television station which broadcasts the event;

             (b)  the licence number, the name and address of the licensee; and

             (c)  the location, times and dates on which bingo is to be called and the nature and value of the prizes to be awarded.

      27. Media bingo cards shall be consecutively numbered.

      28. The person who conducts a media bingo shall do so before 2 witnesses who sign a confirmation of their presence for each lottery event.

      29. Rules shall be posted at all locations that sell cards, or be available from sellers, and shall be announced before each event.

      30. Unsold media bingo cards shall be retained in its sealed state by the licensee for a period of 4 weeks from the date of completion of the game or event.

Umbrella Associations

      31. Organizations may form a bingo umbrella association for the purpose of addressing matters of common interest in the conduct and management of bingo events in a hall.

      32. The umbrella association shall provide a copy of its constitution, bylaws, lease, labour or service agreements and any other rules enacted by it to the division for review before adoption, execution or amendment.

      33. Member organizations shall elect a board of directors from among their volunteer members to manage the umbrella association.  The volunteer members shall not be gaming employees or representatives of a management company for the licensee.

      34. Members of the board of directors shall not receive remuneration for services rendered in the management of the umbrella association.

      35. Associations shall be restricted to one event a week for each member of the association to a maximum of 7 events a week.

      36. All records of the umbrella association, and the member organizations, in addition to the bingo event records, shall be made available to the division upon request.

1/02 Sch A; 55/02 s1; 33/03 s4

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Schedule B

Rules for Breakopen Lotteries

        1. For the purpose of a breakopen licence, suitable premises does not include a commercial outlet, including a shopping mall, convenience store, drug store, service station, restaurant, lotto booth, lounge or a similar premises unless a breakopen lottery is in conjunction with another lottery event operated under a licence.

        2. The licensee shall only sell breakopen tickets which have been approved for sale by the division.

        3. A licence shall be issued only for the sale of breakopen tickets which conform with the ticket quantities, prices and prize pay-outs as provided in the table below.  Scratch-off or other forms of breakopen tickets are not permitted.  The value of any prize shall not exceed $100.

 

Common Name

No. of Tickets Per Box

Price Per Ticket

Gross Revenue Per Box

No. of Winning Tickets per Box

Prize Per Box

Junior Nevada

1668 or 1664

$0.25

$417 or $416

224

$284

Regular Nevada

1668 or 1664

$0.50

$834 or $832

224

$600

Super Nevada

2184

$0.50

$1,092

224

$800

        4. The licensee shall have printed on each ticket

             (a)  the serial number of the ticket;

             (b)  the type of ticket;

             (c)  the selling price of the ticket; and

             (d)  the number and value of prizes to be awarded.

        5. The licensee shall obtain invoices for all breakopen tickets purchased, and the invoices shall contain the following information:

             (a)  the name of the organization that purchased the tickets;

             (b)  the licence number for the tickets;

             (c)  the type of unit, colour, unit serial number, and the number of units purchased;

             (d)  the price per unit; and

             (e)  the total value of the purchase.

        6. The licensee shall pay all winning tickets.  A notice shall be displayed indicating that winning tickets shall be paid, only if the licensee can identify that it sold the ticket.

        7. Each box of breakopen tickets, whether complete or partially sold, when not under the direct control of the seller, shall be kept by the licensee in a secure place.

        8. The licensee shall ensure that breakopen ticket patrons have, at all times, full and equal chance to purchase all winning tickets in every game unit offered for sale.  Portions of the game unit shall not be held back from sale.  Part boxes shall be held by the licensee for sale at future events.  Unsold or partial units of breakopen tickets shall not be destroyed without prior approval of the division.

        9. The licensee shall ensure that the breakopen ticket seller defaces all winning tickets at the time of prize payout and all winning tickets from each unit shall be retained until that unit is sold and accounted for.

      10. The licensee shall not promote, in any manner, the number of winning tickets left in a game unit.

      11. Employees and volunteers who sell breakopen tickets shall not purchase breakopen tickets from the premises where they volunteer or are employed.

      12. Breakopen tickets shall not be sold outside the confines of the particular area specified in the licence.  Tickets sold at a licensed outdoor location shall be sold from an enclosed booth or similar structure.

      13. Breakopen tickets shall not be sold, borrowed or exchanged between licensees unless the proper inventory controls are in place, this includes invoices.

1/02 Sch B

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Schedule C

Rules for Bingo/Breakopen Lotteries

        1. Not more than one bingo/breakopen lottery event shall be conducted in a suitable premises, as defined by the minister, on any day and shall not be conducted after 12:00 a.m. or before 8:00 a.m.

Bingo

        2. Each licensee shall comply with the following:

             (a)  excluding paragraph (c), maximum combined prize payout for each bingo event - $3,000;

             (b)  excluding paragraph (c) and media bingo, maximum prize payout for any one game - $1,500;

             (c)  in addition to the $3,000 maximum combined prize payout there may be up to 2 additional 50/50 style bingo games with non-accumulating jackpots, one additional bingo game with an accumulating jackpot prize and one fixed linked bingo game.  The accumulated jackpot game and fixed linked bingo shall be conducted in accordance with the conditions set by the division;

             (d)  excluding paragraph (c), jackpots authorized to a maximum of $1,500;

             (e)  maximum authorized expenses from gross bingo proceeds - 20%;

             (f)  make every reasonable effort to return, for charitable or religious purposes, from gross gaming related proceeds - a minimum of 15%; and

             (g)  maximum allowable events a week for each licensee - 2, or 104 a year.

        3. [Rep. by NLR 55/02 s2]

        4. Conditions of winning a game and the value of the prizes shall be announced before the commencement of each game.

        5. A new ball shall not be drawn from the chute until the previous ball drawn has been called and the ball is placed in the proper hole in the ball pocket tray.

      5.1 Once a caller has started to call a number on a ball the caller shall finish calling it.

        6. In the event that the number on a ball is miscalled, the actual number on the ball, not the called number, shall be the official number for the game.

        7. When bingo has been declared the following sequence of events shall take place:

             (a)  the caller shall stop play by announcing bingo has been declared, and no further numbers shall be called pending confirmation of the bingo and the caller shall announce the game type being checked;

             (b)  the bingo machine shall be left on unless the ball funnel on the machine traps the last bingo ball;

             (c)  the checker shall take the declared card and place it in front of a player other than the owner of the card being checked, the checker shall then call back the numbers or the serial number to the caller and receive verification of the bingo and cards checked on a TV monitor shall be displayed on the monitor screen for at least 5 seconds;

             (d)  once all bingos have been checked the caller shall ask clearly if there are any more bingos and indicate it is the last call and where no further bingos are declared, the caller shall drop the balls and state clearly that the game is closed; and

             (e)  the caller shall state the number of winners for each game and the amount paid to each winner.

        8. A claim shall not be valid if made after the game has been declared closed.

        9. A player does not need to have the last number called in order to be declared a winner.

      10. Where there is more than one winner of a bingo game, the prize offered shall be divided equally among all players having obtained a valid bingo.  The licensee may set a minimum prize payout not to exceed $5.  Where there is more than one winner of a merchandise bingo game, all players having obtained a valid bingo shall each be awarded a merchandise prize of equal value.

      11. Jackpots shall be paid out during the last event of the licence period if the licence is not to be renewed.

      12. The division may approve other schemes in conjunction with bingo, as indicated on the application and defined by the division.  These schemes are to be reported on the financial report, and applicable licence fees paid.

      13. Giveaways or promotional items including gestures of player appreciation related to regular bingo events shall not exceed 3% of the regular prize board at a given bingo hall.  This amount shall not be accumulated over events.  This includes draws where no purchase is necessary.  This may be done either on a selective or at-large basis.  Give-aways shall comply with the following:

             (a)  the licensee shall conduct the give-away;

             (b)  it shall be limited to the bingo hall;

             (c)  the actual cost of all items shall be recorded as expenses on the financial report;

             (d)  no individual item shall have a retail value of more than $25; and

             (e)  this does not include beverages or food sold at the concession, and given free to players by concession operators.

      14. Advertising may contain the monetary prize value to be awarded from each event but shall not combine prize values for more than one event to create the impression of a large bingo prize board.

      15. Cards may be used for a single game, or for 2 or more successive games in a series.  Called balls shall remain in the ball pocket tray until the final game in a series is completed.

      16. Discounted prices shall not be allowed for bingo cards or paper, including media bingo cards, unless separate and distinct cards are used.

      17. Bingo cards or bingo paper shall not be used as bonuses or prizes or given out for free unless it is accounted for in the event records.

      18. Bingo cards or paper shall not be altered or cut in any manner, but shall be sold in their original manufactured state.

      19. Bingo paper shall not be sold or exchanged between licensees unless the proper inventory controls are in place; this includes invoices.

      20. Where the bingo event has commenced and is cancelled due to an Act of God, the licensee shall issue refunds to all persons who have purchased bingo paper, prorated based on the number of games which have been played.

      21. The licensee shall ensure that no person directly involved in, or responsible for, the conduct of the bingo event or working at a bingo event as a caller or calling back cards shall purchase bingo paper or play bingo during that event.

      22. Gaming employees shall not play bingo in a hall or premises in which they are employed.

      23. Gaming employees or members of the licensee's executive shall not be employed by, under contract to, or have a financial interest in the lessor of the bingo premises, suppliers of bingo equipment, supplies, or services.

      24. All volunteer and gaming employees staff shall sign an attendance form before starting work.

Media Bingo
(radio, TV and newspaper)

      25. A media bingo game shall be held on the dates specified on the bingo card.

      26. A media bingo card shall have printed on it

             (a)  the frequency of the radio station or the channel of the television station which broadcasts the event;

             (b)  the licence number, the name and address of the licensee; and

             (c)  the location, times and dates on which bingo is to be called and the nature and value of the prizes to be awarded.

      27. Media bingo cards shall be consecutively numbered.

      28. The person who conducts a media bingo shall do so before 2 witnesses who sign a confirmation of their presence for each lottery event.

      29. Rules shall be posted at all locations that sell cards, or be available from sellers, and shall be announced before each event.

      30. Unsold media bingo cards shall be retained in its sealed state by the licensee for a period of 4 weeks from the date of completion of the game or event.

Breakopen

      31. The licensee shall only sell breakopen tickets which have been approved for sale by the division.

      32. The licensee shall have printed on each ticket

             (a)  the serial number of the ticket;

             (b)  the type of ticket;

             (c)  the selling price of the ticket; and

             (d)  the number and value of prizes to be awarded.

      33. The licensee shall obtain invoices for all breakopen tickets purchased and the invoices shall contain the following information:

             (a)  the name of the organization that purchased the tickets;

             (b)  the licence number for the tickets;

             (c)  the type of unit, colour, unit serial number, and the number of units purchased;

             (d)  the price per unit; and

             (e)  the total value of the purchase.

      34. The licensee shall pay all winning tickets.  A notice shall be displayed indicating that winning tickets shall be paid, only if the licensee can identify that it sold the ticket.

      35. Each box of tickets, whether complete or partially sold, when not under the direct control of the seller, shall be kept by the licensee in a secure place.

      36. The licensee shall ensure that breakopen ticket patrons have, at all times, full and equal chance to purchase all winning tickets in every game unit offered for sale.  A portion of the game unit shall not be held back from sale.  Part boxes shall be held by the licensee for sale at future events.  Unsold or partial units of breakopen tickets shall not be destroyed without prior approval of the division.

      37. The licensee shall ensure that the breakopen ticket seller defaces all winning tickets at the time of prize payout and all winning tickets from each unit shall be retained until that unit is sold and accounted for.

      38. The licensee shall not promote, in any manner, the number of winning tickets left in a game unit.

      39. Employees and volunteers who sell breakopen tickets shall not purchase breakopen tickets from the premises where they volunteer or are employed.

      40. Breakopen tickets shall not be sold outside the confines of the particular area specified in the licence.

      41. Breakopen tickets shall not be sold, borrowed or exchanged between licensees unless the proper inventory controls are in place; this includes invoices.

Umbrella Associations

      42. Organizations may form a bingo umbrella association for the purpose of addressing matters of common interest in the conduct and management of bingo events in a hall.

      43. The umbrella association shall provide a copy of its constitution, bylaws, lease, labour or service agreements and any other rules enacted by it to the division for review before adoption, execution or amendment.

      44. Member organizations shall elect a board of directors from among their volunteer members to manage the umbrella association.  The volunteer members shall not be gaming employees or representatives of a management company for the licensee.

      45. A member of the board of directors shall not receive remuneration for services rendered in the management of the umbrella association.

      46. Associations shall be restricted to one event a week for each member of the association to a maximum of 7 events a week.

      47. All records of the umbrella association and the member organizations, in addition to the bingo/breakopen event records, shall be made available to the division upon request.

1/02 Sch C; 55/02 s2; 33/03 s5

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Schedule D

Rules for Ticket Lotteries

        1. The total value of tickets sold for any one event shall not exceed 12 times the total retail value of the prizes.

        2. For a ticket lottery to be approved there shall be a reasonable expectation of a 50% return after expenses to the licensee.

        3. For a ticket lottery with a potential prize payout of $100,000 or more a detailed business plan shall be submitted with the application detailing the following:

             (a)  advertising/marketing;

             (b)  details of the prize including if the prize has been purchased or if on consignment;

             (c)  ticket distribution;

             (d)  staffing and salaries/commission; and

             (e)  budget and projected profits.

        4. All tickets shall be consecutively numbered.  Tickets shall be commercially printed where the prize value is greater than $500.

        5. (1) Each ticket shall consist of 2 sections, each severable from the other, and the section to be delivered to the purchaser shall contain the following:

             (a)  the name of licensee;

             (b)  the draw location and dates;

             (c)  the description, number and retail value of the prizes, whether donated or purchased;

             (d)  the ticket number;

             (e)  the total number of tickets printed;

             (f)  the selling price of the ticket;

             (g)  the licence number; and

             (h)  the name of the printer.

             (2)  The section to be retained by the licensee shall contain the following:

             (a)  place for the name, address and telephone number of the purchaser;

             (b)  the ticket number; and

             (c)  the licence number.

        6. For ticket lotteries where tickets are sold and the draw is conducted on the same day at a single premise and the potential prize payout exceeds $500, only paragraphs 5(1)(a), (d), (f), (g), (h) and 5(2)(b) shall be required.

        7. For ticket lotteries where tickets are sold and the draw is conducted on the same day at a single premises, and the potential prize payout does not exceed $500, only paragraphs 5(1)(d) and 5(2)(b) shall be required.  Tickets shall be retained for a period of one week after the draw.

        8. With the exception of ticket lotteries where tickets are sold and the draw is conducted on the same day at a single premises and the potential prize payout does not exceed $500, a draft or hand drawn facsimile of the proposed ticket shall accompany the application and a true copy of the ticket for each series shall be forwarded immediately upon printing to the division.

        9. Where the presence of the holder of a ticket is a required condition to win, this shall be stated on the ticket, and participants shall be entitled to be present at the drawing without additional charge.

      10. Discounted prices shall not be allowed for ticket sales, unless there is a method that ensures financial accountability that has been approved by the division.

      11. When a series of draws occurs according to a fixed schedule, i.e., a cash calendar, the ticket price can be reduced based upon the percentage of prize value remaining.  Using the cash calendar as an example, each month, the ticket price can be reduced by 1/12th.  The licensee shall state the discount procedure in the ticket rules.

      12. Unsolicited tickets shall not be distributed to the public.

      13. Ticket portions or shares shall not be offered for sale.

      14. The value of the prize shall include the amount of any duty, taxes, sales taxes, and other costs.  Prizes shall be awarded free and clear of any mortgages, liens, or any other encumbrances.

      15. The prize is awarded at the location of the draw, unless otherwise stated.

      16. The prize shall be valued by a qualified independent third party if it is a collectible or antique prize purchased by, or donated to the licensee.

      17. The licensee may accept cheques or credit payments, and shall be responsible for ensuring that the proceeds from ticket sales are validated before the prize is awarded.  If the proceeds cannot be verified for a winning ticket a subsequent draw shall take place to award the prize.

      18. (1) A licensee may operate an early bird draw.

             (2)  An early bird draw shall not be held unless approved by the division and a minimum of 14 days is allotted to account for tickets before the draw takes place.

             (3)  A shorter period than that provided in subrule (2) may be approved by the division where requested in writing setting out the method that will be used to ensure accountability.

             (4)  The cut-off date for an early bird draw shall be printed on the ticket.

      19. Draw dates may be changed only on written approval of the division.  Extensions shall not be granted after ticket sales have commenced.

      20. The sequence of drawing to award prizes shall be announced before the commencement of the draw.  All winning tickets shall not be returned for future draws unless otherwise stated by the licensee.

      21. All ticket draws shall be conducted before 2 witnesses who sign a confirmation of their presence for each lottery event.

      22. Where the winner is under 19 years of age, the licensee shall deliver the prize to his or her legal guardian.

      23. Winners of prizes shall be advised of the results of the draw by telephone, registered mail, or in person. The notice shall indicate how the prize is to be claimed.  Prizes shall be distributed to the winning ticket holders as soon as possible after the date of the ticket draw.

      24. For prizes over $500, the licensee shall publish and submit along with the financial report, the winning numbers, names and addresses of the winners of prizes.

      25. Where a prize is over $500 and is not claimed within 60 days of the draw, another draw shall be made.  Where the prize is again unclaimed, a subsequent draw shall be made within 30 days.  Unclaimed prizes after this, and unclaimed prizes with a value of $500 or less, shall be included in the net proceeds to be used for, or paid to the charitable or religious objects, as approved in the application.

      26. A commission may be paid for the sale of tickets, not to exceed 20% of gross receipts.

      27. The licensee shall retain all unsold tickets and stubs of sold tickets for a period of one year from the date of the last draw.

      28. The licensee shall retain, as part of its gaming records, the purchase invoices for all tickets, and the invoices shall specify the first and last of the sequential numbers of the tickets for each type of ticket.

      29. Only direct expenses required to operate the ticket lottery shall be deducted from gaming revenue.

1/02 Sch D; 33/03 s6

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Schedule E

Rules for Games of Chance Lotteries

        1. The operation of a games of chance lottery shall not exceed a period of 12 hours in a 24 hour period and shall be conducted in a suitable premises, as defined by the minister.

        2. The combined total of wheels and games shall not exceed 15 at any one event unless expressly authorized by the division .

        3. During the operation of a wheel, no player shall wager a bet in excess of $10 on any one spin of a wheel.

        4. The operator shall announce the cutoff of bets before spinning the wheel.

        5. The wheel shall complete a minimum of 3 full revolutions to count as a spin.

        6. Instant win merchandise games shall be operated within the following guidelines:

             (a)  a maximum of 5,000 tickets a game;

             (b)  a maximum price of $1 a ticket;

             (c)  tickets shall consist of numbers, not symbols, individually serial numbered for each game; and

             (d)  each licensee shall clearly display a visible sign showing the number and type of prizes to be awarded with each game, all winning numbers, and the name of the licensee.

        7. Ticket raffles sales shall be confined strictly to the premises of the licensee.  Sales of tickets shall be sold and the draw conducted on the same day.  The combined potential prize payout shall not exceed $500 a raffle.  Each ticket shall consist of 2 sections, each severable from the other, with both sections containing the same ticket number that is distinct from other tickets in the draw.

        8. The total value of tickets sold for a ticket raffle shall not exceed 12 times the total retail value of the prizes.

        9. The total value of prizes for a card game cannot exceed $500 per event.

      10. Cashing of cheques or granting of credit is forbidden during play.

      11. A person shall not purchase tickets or place bets while involved in the sale of tickets or the direct operation of a game of chance.

1/02 Sch E

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Schedule F

Rules for Monte Carlo Lotteries

        1. A licensee shall be limited to a maximum of 6 monte carlo events in a 12 month period, unless expressly authorized by the division.

        2. The operation of a monte carlo event shall not exceed a period of 12 hours in a 24 hour period.

        3. The combined total of tables, wheels and games shall not exceed 25 at any one event, unless expressly authorized by the division.

        4. A licence shall not be granted to an organization having a paid professional monte carlo promoter.

        5. The name of the licensee shall be prominently displayed in the premises where the monte carlo games are played.

        6. Games shall be played with chips, tokens or play money, only.

        7. Chips, tokens or play money can be purchased at gaming tables and paid for in cash.

        8. Cashing of cheques or granting of credit is forbidden during play.

        9. The licensee shall prominently display, at each table, betting limits and pay-off odds for each game conducted.

      10. A player shall not wager a bet in excess of $10 on any one spin of a wheel or an individual game of blackjack unless there is a split when a maximum of another $10 may be wagered.

      11. The operator shall announce the cutoff of bets before spinning the wheel.

      12. The wheel shall complete a minimum of 3 full revolutions to count as a spin.

      13. Ticket raffles sales shall be confined strictly to the premises of the licensee.  Sales of tickets shall be sold and the draw conducted on the same day.  The combined potential prize payout cannot exceed $500 a raffle.  Each ticket shall consist of 2 sections, each severable from the other, with both sections containing the same ticket number that is distinct from other tickets in the draw.

      14. The total value of tickets sold for a ticket raffle shall not exceed 12 times the total retail value of the prizes.

      15. (1) During the operation of a monte carlo event there shall be a minimum of 2 representatives of the licensee present who, during that operation, shall not wager a bet.

             (2)  A licensee shall ensure that monte carlo wheels of fortune, tables and games are conducted by representatives of the licensee, and includes dealers for blackjack and poker tables.

             (3)  A representative shall not wager a bet while conducting a wheel of fortune, table or game.

      16. The licensee shall set up a bank to be managed and controlled by 2 designated actual members of the licensee referred to as the cashier and the recorder.  For the purpose of selling money to players at the monte carlo , the licensee may designate an appropriate number of persons to act as runners for the cashier.  The cashier shall provide each runner with a beginning cash float and supplies of play money, as necessary.  The recorder shall maintain a record of all transactions carried out by the runners, and that information shall be included within the lottery records.

      17. Admission tickets shall contain the following:

             (a)  the name of licensee;

             (b)  the event location, dates and times;

             (c)  to what the ticket price entitles the purchaser;

             (d)  the selling price of the ticket; and

             (e)  the licence number.

      18. (1) Admission tickets that include a door prize shall consist of 2 sections, each severable from the other, and, in addition to section 17, the section to be delivered to the purchaser shall contain the following:

             (a)  the description, number and retail value of the prizes, whether donated or purchased;

             (b)  the ticket number;

             (c)  the total number of tickets printed; and

             (d)  if the presence of the purchaser is a required condition to win.

             (2)  The section to be retained by the licensee shall contain the following:

             (a)  the ticket number; and

             (b)  where the purchaser’s presence is not a condition of winning, a place for the name, address and telephone number of the purchaser.

      19. A draft or hand drawn facsimile of the proposed ticket shall accompany the application and a true copy of the ticket shall be forwarded immediately upon printing to the division.

1/02 Sch F; 33/03 s7

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Schedule G

Rules of Sports Lotteries

        1. The total value of tickets or entries sold for any one event shall not exceed 12 times the total retail value of the prizes.

        2. Discounted prices shall not be allowed for ticket sales, unless there is a method that ensures financial accountability that has been approved by the division.

        3. Ticket or entry forms may be sold in series, each series shall be a different colour, and ticket numbers shall run consecutively from one series into the next.  A series shall be released for sale only when a preceding series has been sold out.

        4. A commission not to exceed 20% of gross receipts may be paid for the sale of time tickets or entry forms.

        5. Standings, results and times shall be based upon official statistics provided by the appropriate sports league.

Time Tickets

        6. Only televised games shall be authorized for a time ticket lottery.

        7. Each time ticket shall be contained in a sealed envelope.

        8. The licensee shall ensure that each ticket in a series shall have a different time, that is, minute and second.

        9. (1) The licensee shall ensure that there shall be printed on a time ticket envelope the following:

             (a)  the licence number;

             (b)  the name of the licensee;

             (c)  the nature and value of prizes;

             (d)  the price of the ticket;

             (e)  the name of the printer;

             (f)  the date and time of the game; and

             (g)  the station televising the game.

             (2)  The licensee shall have printed on the ticket the following:

             (a)  the licence number;

             (b)  the name, address and telephone number of the licensee;

             (c)  the nature and value of prizes;

             (d)  the date and time of the game;

             (e)  the station televising the game;

             (f)  reference as to how the purchaser may obtain times and claim their prize, "Contact the Seller" is not sufficient reference, and the statement that "All prizes shall be claimed within 30 days of game"; and

             (g)  the time in minutes and seconds.

      10. The maximum individual prize for a time shall not exceed $1,000, and the purchase price of a single ticket shall not exceed $5.

      11. Unclaimed prizes after 30 days of each event shall be included as part of the net proceeds to be used for, or paid to the charitable or religious objectives.

Pools

      12. All entry forms shall be self-copying or 2 part where the purchaser retains one copy.  For other entry forms, the purchaser shall receive written confirmation of their choices.

      13. All entry forms or written confirmation copies shall be consecutively numbered.

      14. The licensee shall have printed on the entry form the following:

             (a)  the name of the licensee;

             (b)  a contact phone number;

             (c)  the licence number;

             (d)  a list of prizes;

             (e)  the start and end dates of the pool;

             (f)  a place for the name, address and phone number of the purchaser;

             (g)  sufficient room to identify the purchaser’s choice of each player or team; and

             (h)  rules concerning, the purchaser’s choices, trades, point accumulation and ties, details of bonus prize award, if applicable, final date entries can be received to be eligible, where updates on standings shall be posted or broadcasted, and cancellation of the pool.

      15. Winners of prizes shall be advised of the results of the pool by telephone, registered mail, or in person.

Sports Pools

      16. A spreadsheet, as approved by the division, or a copy of all entries shall be received by the division, not later than 2 weeks after the commencement of the pool.  Any trades completed shall be received by the division within 2 weeks of the trade deadline.  Failure to comply with this, may result in the licence being revoked and participants’ monies being refunded.

      17. Final prize winners’ names and point standings shall be published at the end of the pool and submitted along with the financial report.  To allow for any challenges to the standings, prizes cannot be awarded until 2 weeks after publication.

Prediction Pools

      18. A minimum of 10 picks per entry is required from the games selection sheets.

      19. A spreadsheet, as approved by the division, or a copy of all entries shall be received by the division, or postmarked, not later than 4:00 p.m. of the day that is 24 hours before the commencement of the games.  Failure to comply with this, may result in the licence being revoked and participants’ monies being refunded.

1/02 Sch G; 33/03 s8