Chapter 6: Special Occasion Gaming Licence

6.1.0. Introduction

Only the Registrar may issue special occasion gaming licences.

A “special occasion gaming licence” is a lottery event conducted as a secondary or complementary component of a social occasion, such as a dinner or dance sponsored by:

  • the licensee of the special occasion gaming licence, or
  • another organization approved by the Registrar.

A licensee may operate up to 20 blackjack tables and 20 wheels of fortune at a special occasion gaming event. The operating hours of a special occasion gaming event must fall within the time period of the social occasion and must not exceed eight (8) consecutive hours between 12:00 noon and 2:00 a.m.

6.1.1. BLACKJACK AND WHEELS OF FORTUNE

6.1.1(A) Blackjack

The object of blackjack is to achieve a better hand than the dealer’s. A player wins if he or she has a higher total than the dealer without exceeding 21 points (busting), or if the dealer’s total exceeds 21. Each card is counted at face value, except the ace, which can be valued at one (1) or 11 points at the player’s discretion, and the face cards (jack, queen and king), which count as 10 points each.

6.1.1 (B) Wheels of fortune

A wheel of fortune is a game where players wager non-negotiable chips on the spin of a wheel in order to win a prize. Players set their wagers, then the wheel is spun. The wheel must complete at least three (3) full revolutions and come to a complete stop before prizes may be awarded. The prizes are based on the total value of the chips wagered and the rules for winning on that particular wheel of fortune.

Licensees may use only wheels of fortune approved by the Registrar. The Registrar has approved the following wheels of fortune for use in the conduct of a special occasion gaming licence:

  • Crown and Anchor wheel
  • Over and Under 7 wheel
  • Number wheel
  • Pony wheel
  • Money wheel
  • Colour wheel
  • Chuck-a-Luck wheel
  • Six Arrow wheel (must have 13 spaces and six [6] arrows)
  • Horse Race wheel
  • Fruit wheel
  • Crazy Colour ball.

6.2.1. Special Occasion Gaming Licensing Policies

Only the Registrar may issue special occasion gaming licences.

The following licensing policies apply to special occasion gaming licences:

  1. An eligible organization is limited to one special occasion gaming licence per calendar month for one day only. (See item 4 below)
  2. Licensed events are restricted to a maximum of 40 games, which may include any combination of 20 blackjack tables and 20 wheels of fortune.
  3. Special occasion gaming licences are limited to one per calendar month at any one location.
  4. Each special occasion gaming event may be licensed to operate for a maximum of eight (8) consecutive hours between 12:00 noon and 2:00 a.m. Therefore, an event that begins on one calendar day may continue into the next calendar day but must be completed by 2:00 a.m. on the second calendar day.
  5. Each event is restricted to the hours of operation stated on the licence.
  6. A licensing authority may impose additional restrictions on the hours of operation as a condition of approving the location and supporting the application.
  7. Special occasion gaming events may only be licensed at approved venues. 
  8. The eligible organization must submit a completed application through the municipality to the Registrar at least 30 days prior to the date it proposes to begin promoting, advertising or selling tickets for the special occasion, if any of these items contain references to the lottery event. New applicants must ensure that the Registrar receives their completed application at least 45 days in advance of the event.

  9. An eligible organization must submit a separate application for each special occasion gaming licence.

  10. A licensee may conduct a raffle lottery in conjunction with a special occasion gaming licence on the same licence, if the total value of all the raffle merchandise or cash prizes is $5,000 or less. In this case, the Raffle Licence Terms and Conditions also apply to the special occasion gaming licence.

  11. If a licensee intends to award raffle prizes with a total value of over $5,000, the licensee must apply for both a raffle lottery licence and a special occasion gaming licence. The licensee must comply with the Raffle Licence Terms and Conditions.

  12. An organization with a municipal raffle licence may use a special occasion gaming event (licensed by the Registrar) as a venue for a raffle draw, provided the raffle licence clearly states that ticket sales will end prior to the conduct and management of the special occasion gaming licence.

  13. The licence fee for a special occasion gaming licence is set at five (5) dollars per table or wheel of fortune.

  14. Betting limits for a special occasion gaming licence are set at a one (1) dollar minimum and five (5) dollars maximum.

  15. If an entrance fee is required for a special occasion gaming event, the entrance fee must not include any chance to win a prize in a licensed raffle. Raffle tickets must be sold separately.

  16. The licensee must keep costs related to the licensed games separate from those related to the non-gaming parts of the special occasion gaming event for accounting expense purposes. The only exception is rental costs, provided the licensed games are played in the same room as the one in which the special occasion gaming event takes place.

  17. The licensee must track and report all gaming revenue from the special occasion gaming event separately from any other revenue received from the social occasion.

  18. The licensee may establish a special occasion gaming licence trust account for all expenses and revenues related to the licensed gaming events. Alternatively, if the licensee has established one designated lottery trust account, it must establish a separate ledger for the special occasion gaming licence. Costs related to the non-gaming activities of a special occasion gaming licence must not be paid from the designated lottery trust account or the special occasion gaming licence trust account.

  19. If the licensee incurs costs for the licensed games prior to the conduct of the special occasion gaming event, the licensee may pay those costs from the designated lottery trust account or from funds deposited to its special occasion gaming licence trust account by cheque from its general operating account. The licensee must repay the funds from its general account by cheque from its special occasion gaming licence trust account upon completion of the special occasion gaming licence. The licensee must notify the licensing authority when it intends to move funds from one account to another to pay start-up costs. The licensing authority must monitor the situation to ensure that the repayment is made within an appropriate time period. (See “3.6.2. Start-up costs for lottery events” for further information.)

  20. If the licensed games at a special occasion gaming event operate at a loss, the licensee must deal with the loss in accordance with the procedures set out in the terms and conditions of the licence.

  21. A licensee may request to make changes to an application, in accordance with the licensing procedures. However, once a special occasion gaming licence has been issued, the Registrar will not consider further requests for changes.

  22. The Registrar will not issue a licence to an applicant that has not submitted and received approval for financial reports due for previous lottery events.

6.2.2. SPECIAL OCCASION GAMING LICENSING PROCEDURES

Only the Registrar may issue special occasion gaming event licences. Applications must include:

  1. a fully completed application on a form supplied by the Registrar;
  2. a letter of support from the municipality or Band Council where the event is to be conducted;
  3. the licence fee (money order or cheque made payable to the Minister of Finance);
  4. a copy of the site contract with the event location;
  5. a price quotation from a registered Gaming-Related Supplier, if used;
  6. a prize invoice, price quotation or purchase order for each raffle prize with a retail value of $500 or more (including taxes);
  7. an event budget;
  8. information related to the cost of the space;
  9. information on previously suspended or cancelled gaming licences;
  10. a list of the bona fide members volunteering at the event;
  11. the proposed use of proceeds; and
  12. for first-time applicants, a current budget for the organization detailing how funds will be acquired and disbursed during a fiscal year.

The Registrar will return applications that are not accompanied by the required documents and note the deficiencies.

Organizations must request changes to an application in writing, on letterhead, signed by the member who signed the original licence application. The request must include a letter of support from the municipality and any supporting documents that may be affected. The Registrar requires two weeks to respond to a request for changes, and may approve or deny the request.

6.3.1. Acceptable Venues For Special Occasion Gaming Licence

6.3.1 (A) Examples of acceptable locations

Examples of facilities that may qualify as acceptable locations for a special occasion gaming licence include:

  • municipal community centres;
  • service club halls;
  • church halls;
  • banquet halls and ballrooms available for private functions, including those in hotels; and
  • convention centres.

6.3.1 (B) Criteria for acceptable locations

In order to be an acceptable location for the conduct of a special occasion gaming licence, a location must meet the following standards:

  • The location must comply with all municipal bylaws, including zoning and parking bylaws and fire regulations. The location must also have a public hall licence or authorization for public assembly purposes, including a designation of the maximum number of persons permitted for an assembly.
  • The hall must be separated from other activity areas by permanent walls or a floor to ceiling accordion door that locks from the inside.

  • The special occasion gaming licence location must have a separate entrance that is not shared by patrons of any other activity conducted on the premises. Patrons of the special occasion gaming event must have direct access to the washrooms and food services. If patrons must pass through other activity areas to reach the washrooms or food services, the location is not acceptable.

  • A location must be used primarily for lease or rent to the general public for various functions, such as weddings, parties and meetings. A location that must close down all or part of its regular facility/business in order to hold a special occasion gaming event is not an acceptable location.

  • The Registrar may not issue special occasion gaming licence at locations where the owners and/or operators have been charged and/or convicted of gaming-related offences or had their registrations suspended or revoked.

  • The Registrar may not issue special occasion gaming licences at locations where owners and/or operators have been charged and/or convicted of liquor-related offences or had their liquor licence suspended or revoked.

  • If the applicant proposes to permit the consumption of liquor during a special occasion gaming licence, the applicant should contact the Alcohol and Gaming Commission of Ontario for information regarding liquor licence laws and Special Occasion Permits.

6.3.2. VENUES NOT ACCEPTABLE FOR SPECIAL OCCASION GAMING LICENCE

The Registrar will not issue special occasion gaming licences for events to be held in the following locations:

  • bars or taverns without separate banquet facilities;
  • dining lounges or restaurants without separate banquet facilities;
  • common/public areas of any buildings, including shopping malls, strip malls and other retail locations;
  • business offices, office lobbies, warehouse facilities, factories, storage buildings, units or offices in office buildings and retail or industrial malls;
  • recreation centres and party rooms in condominiums and apartment buildings;
  • private homes, dwellings/residences; and
  • any conveyance that moves or is capable of moving, including boats, trains and airplanes.

6.4.1. Special Occasion Gaming “Fun Nights”

Some organizations conduct events such as blackjack or wheels of fortune as “fun nights,” for the sole purpose of providing entertainment for their guests.

Typically, at these types of events, the chips, tokens or play money are made available to everyone free of charge (no direct or indirect consideration). As well, no prizes are awarded if an entrance fee of any kind has been charged. If any kind of fee (direct or indirect consideration) has been charged for the event, the chips, tokens or play money are not redeemed for goods, wares, merchandise or cash at the end of the evening.

As there is no licence available for this type of event, it is ultimately the responsibility of organizations or individuals wishing to conduct “fun nights” to ensure that any events they conduct comply with the Criminal Code (Canada). Organizations or individuals wishing to conduct “fun nights” may wish to seek independent legal advice.