SASKATCHEWAN LIQUOR AND GAMING AUTHORITY

Regular and Large Raffle Lotteries - Terms and Conditions

1.         NOTICE 

(a)               A Licensee who operates in breach of any term or condition herein, may be subject to an immediate suspension or cancellation of the Licence to which the breach relates, or any other Licence issued or pending from the Saskatchewan Liquor and Gaming Authority (hereafter Saskatchewan Liquor and Gaming Authority will be referred to as SLGA). 

(b)       Section 139 of The Alcohol and Gaming Regulation Act, 1997 authorizes SLGA to prosecute, by way of summary conviction, for contravention of any provision of The Alcohol and Gaming Regulation Act, 1997, the Regulations, or these Terms and Conditions. 

(c)        SLGA may attach any special terms or conditions to the Licence as deemed necessary, which shall become part of the general Terms and Conditions of that Licence. 

(d)       Section 45 of The Alcohol and Gaming Regulation Act, 1997 provides that every Licensee shall allow an inspector, or other person duly authorized by SLGA, access to his or her premises, books, records or other document at all reasonable times for the purpose of making inspections.  Where any book, records or other document has been examined, SLGA or authorized person may make copies of the book, record or other document. 

2.         PREAMBLE 

(a)       SLGA is the provincial authority for licensing lotteries pursuant to Section 207(1)(b), (c) and (d) of the Criminal Code of Canada.   

(b)       Conducting a lottery scheme without a valid Licence is an offence under the Criminal Code of Canada. 

(c)       The Terms and Conditions herein are established by SLGA pursuant to Section 207(2) of the Criminal Code of Canada and The Alcohol and Gaming Regulation Act, 1997. 

(d)       The terminology used in these Terms and Conditions has the same meaning as ascribed to them in The Alcohol and Gaming Regulation Act, 1997.
 

3.        DEFINITIONS 

In these terms and conditions:

      (a)            "ACT" means The Alcohol and Gaming Regulation Act, 1997; 

(b)            "COUNTERFOIL" means the matching stub of a ticket which contains similar particulars as the ticket receipt given to the ticket purchaser; 

(c)            "GROSS REVENUE" means all monies spent by patrons when purchasing tickets to participate in any raffle lottery scheme; 

(d)             "LARGE RAFFLE" means a raffle lottery offering retail prizes with a value in excess of $50,000.00; 

(e)               "LICENCE" means a licence issued pursuant to the Criminal Code, for the conduct and management of a lottery scheme; 

(f)                 "LICENSEE" refers to the holder of a valid and subsisting Licence issued by SLGA;  

(g)               "NET PROCEEDS" means the funds left for the approved charitable purpose after the payment of all prizes and expenses approved by SLGA; 

(h)               "OPERATING COSTS" means actual costs incurred in the conduct of the event (ticket printing, advertising) and approved by SLGA; 

(i)                 "RAFFLE LOTTERY" means a lottery scheme whereby for consideration, tickets are sold on a random chance of winning a prize, excluding breakopen and scratch tickets but including such schemes as 50/50 draws, elimination draws, calendar draws, sports pools and rubber duck races or derby's, yet not so as to restrict the generality of the foregoing; 

(j)                 "REGISTERED GAMING SUPPLIER" means a person who, for compensation or the promise of compensation, supplies gaming services to another for the conduct and management of a lottery scheme and is registered under Section 144 of The Alcohol and Gaming Regulation Act, 1997; 

(k)               "REGULAR RAFFLE" means a raffle lottery offering a retail prize value more than $1,000.00 and not exceeding $50,000.00; 

(l)                 "TICKET" means a raffle lottery ticket;  

(m)             "TOTAL RETAIL PRIZE VALUE" means the total value of all prizes offered (including all applicable taxes) even if the prizes are donated.
 

4.            GENERAL CONDITIONS AND CONDUCT OF RAFFLE LOTTERIES

              (a)        A licensee shall conduct the lottery in accordance with the: 

                                   (i)      application as approved; 

                          (ii)      these terms and conditions; and 

                          (iii)     any other terms and conditions as imposed by SLGA either before or after issuance of the licence.

              (b)               A licensee shall: 

                          (i)      supervise and be responsible for the conduct and  management of every aspect of the raffle lottery, including:

                                   (a)      the collection of all ticket sale revenue;

                                   (b)     the payment of prizes; and

                                   (c)     the payment of all operating expenses.

                                            (ii)     ensure the following information is on all raffle tickets or cards and           advertising, and promotions: 

                                   (a)      name of licensee and licence number;

                                   (b)      cost per ticket;

                                   (c)      prizes, their total retail value and any cash alternatives;

                                   (d)      draws - all dates, number, and location;

                                   (e)       total number of tickets offered for sale;

(iii)                                                    (iii)       ensure that the total value of tickets printed and offered for ale                  does not  exceed, but is not restricted to, 12 times the retail value of all prizes to be awarded (ie. prize is $1000.00, gross sales cannot exceed $12,000.00);

                                            (iv)            ensure all tickets are made with a counterfoil (stub) with each  part       numbered in sequence, and indicates if tickets were purchased as singles or in discounted quantities (ie. 1 for $2.00 or 3 for $5.00);

                                             (v)                sell tickets only at the ticket price or prices on the application and approved by SLGA;

                                             (vi)       ensure all purchases are made on a voluntary basis;

                                             (vii)             ensure that purchase restrictions are explained in all rules of conduct (ie. minimum                    age of purchaser);

                                             (viii)      ensure that all ticket purchasers are afforded an equal opportunity to win and that all prizes offered in the raffle are awarded;

                                              (ix)        ensure all media advertising states "intended for Saskatchewan residents"; and is done through outlets having a geographical location in Saskatchewan;

                                              (x)        award all prizes as approved by SLGA; free and   clear of cost to winner;

                                              (xi)       select the winning raffle tickets by a method of random selection approved by SLGA;

                          (xii)       hold prizes that are unclaimed in trust for a period of 120 days from the date of the draw and, if at that time the prizes are unclaimed, dispose of the entire amount of those prizes in a manner approved by SLGA;

                                             (xiii)            not operate on an interprovincial scale.

(c)               No licensee shall:

           (i)            pay any person or organization any remuneration, per diem, honoraria, or any other form of direct or indirect compensation or consideration for assistance in the conduct  and management of a raffle lottery, without prior approval of SLGA;

          (ii)            revise any aspect of the raffle lottery as approved by SLGA once ticket sales have commenced unless otherwise approved by SLGA;

         (iii)            distribute books of tickets to the general public to sell or;

         (iv)            demand payment or purchase of tickets as a condition of membership in the organization holding the licence;

         (v)            sell, distribute or advertise outside of Saskatchewan;

        (vi)            extend credit for the purchase of any ticket;

        (vii)            require a ticket purchaser to be present at the draw to win the prize;

        (viii)            offer as a prize, tickets for a "proposed" future lottery;

        (ix)            offer as a prize, beverage alcohol;

        (x)                 engage the services of a Registered Gaming Supplier (management firm) if the total retail value of all prizes does not exceed $25,000.00, unless otherwise approved by SLGA;

        (xi)              use a scratch ticket or structure that competes with a WCLC (Western Canada Lottery Corporation) product pursuant to Section 14 of the Interprovincial Lotteries Act (ie. 5/18 structure which resembles the Lotto 649);

(d)        A raffle lottery licensee may distribute books of tickets to its membership to be sold or purchased by the membership and, where this occurs:

             (i)            a control sheet documenting the series of tickets shall be prepared;

              (ii)            the licensee shall ensure that all ticket stubs and unsold tickets are returned to the licensee prior to any draws taking place;  

             (iii)            the control sheets are to be retained as part of all lottery records.

(e)        A raffle licensee shall ensure the draws are fair by using the following methods:

              (i)        all tickets are accounted for, all sold ticket stubs are placed in the draw drum and the stubs are well mixed, prior to the draw;

              (ii)        the draws are made by an impartial party such as an accounting firm, or other non-participating party;

              (iii)               all winning tickets shall be returned for future draws unless approved otherwise by SLGA;

              (iv)       the name, address and ticket number of the winner for each prize shall be recorded and verified by a party other than the person drawing the ticket.

(f)         Raffle lottery applicants shall be required to provide evidence that sufficient funds are available to cover the cost of all prizes offered when required by SLGA.

(g)        The licensee shall comply with all municipal, provincial and federal laws in connection with the licence issued.

5.            DISTRIBUTION OF GROSS REVENUE AND BANKING

            The Licensee shall:

(a)        open and maintain a separate and distinct chequing account for each Raffle Lottery scheme;

(b)        deposit all funds from raffle ticket sales, prior to the final draw date, into the raffle bank account;

(c)        pay directly from the lottery account only those operating expenses approved by SLGA;

(d)               ensure any and all interest paid into a raffle bank account becomes subject to the licensed charitable spending restrictions as though such interest was earned as part of lottery proceeds;

(e)        ensure that all proceeds are retained by the licensee and used for the charitable or religious object or purpose as approved by SLGA;

(f)         not transfer funds to a general account or any other account unless otherwise approved by SLGA.

6.            ACCOUNTING AND FINANCIAL REPORTING

A raffle lottery licensee shall:

(a)        complete a raffle lottery report on forms prescribed by SLGA and submit these forms, along with a list of all winners, to SLGA within 20 days of the final draw, or within the time period approved by SLGA;

(b)        afford access to all areas of prize draw premises during the conduct of prize draws to ticket purchasers, inspectors or other persons designated by SLGA;

(c)        retain all records, receipts, invoices, control sheets, tickets stubs and unsold tickets pertaining to the lottery for a period of three years from the final draw.

7.            CONFLICT OF INTEREST

            The Licensee shall ensure there is no conflict of interest, real or perceived, with regard to the operation of gaming activity.  A conflict of interest means any situation in which a Licensee or any officer, director or member of the organization, or any person who supplies gaming services to the Licensee, either for himself or some other person(s), who promotes or attempts to promote a private or personal interest which results or appears to result in the following:

(a)                a conflict or interference with the exercise of his duties; or

(b)        a gain or an advantage by virtue of his position.