Definitions

1   In this regulation:

"Act" means the Gaming Control Act;

"gaming account" means an account in a savings institution used exclusively to deposit and disburse revenue from a gaming event;

"specified fee", in relation to lodging or a ticket for travel, means a fee that must be paid to stay at the lodging or travel using the ticket, but does not include a fee for an optional service or purchase such as room service, advance seat selection, a seat upgrade, an itinerary change, checked baggage or a ferry reservation;

"unauthorized encumbrance", in relation to real property, means a lien, charge or encumbrance, other than any of the following:

(a) an easement registered against the land;

(b) a restrictive covenant, a declaration of building scheme or a covenant registrable under section 219 [registration of covenant as to use and alienation] of the Land Title Act registered against the land;

(c) a party wall agreement, as defined in section 223.1 [definitions for Division 4.1 of Part 14 — Party Wall Agreements] of the Land Title Act, registered against the land;

(d) a statutory right of way registered as a charge against the land;

(e) the rights specified in section 23 (2) (a), (b), (e), (f), (h) and (j) [effect of indefeasible title] of the Land Title Act.

Restrictions on participation in gaming event

2   (1) A gaming event licensee must not permit the following individuals to participate in a gaming event authorized by the licensee's gaming event licence:

(a) a member of the licensee's board of directors;

(b) an individual named in the application for the licence as an officer responsible for the conduct, management or operation of the gaming event.

(2) A gaming event licensee must not permit an individual to do either of the following while the individual is assisting in the operation of a raffle or game authorized by the licensee's gaming event licence:

(a) purchase a ticket for the raffle;

(b) play the game.

Prohibition against operating gaming event in private residence

3   A gaming event licensee must not host a gaming event or select the winner of a raffle in a place occupied as a private residence.

Duty to report changes

4   (1) A gaming event licensee must give written notice to the general manager if there is a change in any of the following as set out or described in the application for the gaming event licence:

(a) the licensee's contact information;

(b) the directors of the licensee;

(c) the programs or services provided by the licensee.

(2) A notice under subsection (1) must be given to the general manager as soon as practicable after the change.

Gaming event prize must be free of charge, tax or fee

5   (1) A gaming event licensee must not charge a fee to claim a prize won in a gaming event.

(2) If personal property is won as a prize in a gaming event, the gaming event licensee must

(a) ensure the personal property is transferred to the winner free and clear of all liens and security interests, and

(b) pay all taxes and fees in relation to the transfer.

(3) If real property is won as a prize in a gaming event, the gaming event licensee must

(a) ensure the real property is transferred to the winner free and clear of all unauthorized encumbrances, and

(b) pay all taxes and fees in relation to the transfer, other than tax imposed under section 2.02 [additional tax imposed] of the Property Transfer Tax Act.

(4) If lodging or a ticket for travel is won as a prize in a gaming event, the gaming event licensee must pay the taxes and specified fees in relation to the lodging or ticket.

Prohibited prizes

6   A gaming event licensee must not award any of the following things as a prize in a gaming event:

(a) cannabis or a cannabis accessory as defined in section 1 of the Cannabis Control and Licensing Act;

(b) liquor as defined in section 1 of the Liquor Control and Licensing Act;

(c) a live animal;

(d) a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition as defined in section 84 of the Criminal Code.

Participant must be in British Columbia

7   A gaming event licensee must not

(a) sell a lottery ticket to an individual who is outside British Columbia, or

(b) permit an individual to otherwise participate in a gaming event while the individual is outside British Columbia.

Financial transactions and records

8   (1) If a gaming event licensee holds a gaming account,

(a) the licensee must not make an electronic funds transfer from the account unless the transfer is approved in writing by 2 individuals who, by written authorization, are authorized to approve electronic transfers on the licensee's behalf, and

(b) the licensee must not allow a cheque, or other written order to pay, to be drawn on the account unless the cheque or other written order to pay is signed by 2 individuals who, by written authorization, are authorized to sign on the licensee's behalf.

(2) If a gaming event licensee that holds a gaming account has a board of directors,

(a) the licensee must not make an electronic transfer from the account unless at least one of the individuals referred to in subsection (1) (a) is a member of the board, and

(b) the licensee must not allow a cheque, or other written order to pay, to be drawn on the account unless at least one of the individuals referred to in subsection (1) (b) is a member of the board.

(3) A gaming event licensee must maintain the following records during the term of the licence:

(a) a record of each disbursement from the gross revenue of the gaming event, showing the amount and purpose of the disbursement;

(b) a record of each expense incurred in relation to the conduct, management or operation of the gaming event, showing the amount and purpose of the expense;

(c) in the case of a licensee holding a gaming account,

(i) each written authorization referred to in subsection (1) (a), and

(ii) each written authorization referred to in subsection (1) (b).

Financial report

9   (1) Within 90 days after the last gaming event authorized by a gaming event licence, the licensee must provide to the general manager a financial report respecting the activities carried out under the licence.

(2) The report under subsection (1) must be provided in the form and manner specified by the Executive Director of the Licensing, Registration and Certification Division, Ministry of Public Safety and Solicitor General.