Acts and Regulations

2008-113 - Video Lottery Siteholders

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2008-113
under the
Gaming Control Act
(O.C. 2008-397)
Filed September 22, 2008
Under section 86 of the Gaming Control Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Video Lottery Siteholders Regulation - Gaming Control Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Gaming Control Act. (Loi)
“ALC” Repealed:  2019, c.31, s.5
“casino operator” Repealed:  2019, c.31, s.5
“registered video lottery siteholder” means a video lottery siteholder who is registered pursuant to this Regulation. (maître des lieux d’exploitation d’appareils de jeux vidéo inscrit)
“video lottery siteholder” means a person who occupies a site for the playing of a video gaming device. (maître des lieux d’exploitation d’appareils de jeux vidéo)
2019, c.31, s.5
Application
3This Regulation does not apply to a casino operator.
Persons required to be registered as suppliers
4(1)A person who is a video lottery siteholder is required to be registered as a supplier under the Act.
4(2)From October 1, 2008, to March 31, 2009, inclusive, a person who has an agreement with ALC to provide a site for the playing of a video gaming device and who is, immediately before October 1, 2008, occupying and providing a site for such purposes, shall be deemed to be a video lottery siteholder registered pursuant to this Regulation.
4(3)Sections 8 to 13 do not apply to a video lottery siteholder referred to in subsection (2) for the period stated in that subsection unless the person makes an application under section 6 and has been issued a certificate of registration by the Registrar.
2009-15
Activities of video lottery siteholder
5No person other than ALC or a person registered as a video lottery siteholder is authorized to do any of the actions described in the definition of “video lottery siteholder”.
2009-15
Application for registration or renewal
6(1)An application for registration or renewal of registration as a video lottery siteholder under this Regulation shall be in a form provided by the Registrar and shall state an address for service in New Brunswick.
6(2)For an application made in respect of a registration period that commences on or after April 1, 2009, the application shall be accompanied by
(a) a letter from ALC confirming the number of video gaming devices it intends to supply to the premises if registration is granted, and
(b) an application fee of
(i) $3200, if the number of video gaming devices to be supplied is at least 15 and not more than 75,
(ii) $2200, if the number of video gaming devices to be supplied is at least 11 and not more than 14, and
(iii) $1200, if the number of video gaming devices to be supplied is not more than 10.
6(3)For a subsequent renewal of a registration after an application has been made under subsection (2), the application fee is as follows:
(a) $3000, if the number of video gaming devices to be supplied is at least 15 and not more than 75,
(b) $2000, if the number of video gaming devices to be supplied is at least 11 and not more than 14, and
(c) $1000, if the number of video gaming devices to be supplied is not more than 10.
2009-15; 2019-43; 2022-35
Application for registration or renewal
7(1)Upon receiving a completed application under section 6, the Registrar shall consider the application and either grant it or refuse it.
7(2)Upon granting an application, the Registrar shall issue a certificate of registration to the applicant stating the date of the registration.
7(3)A registration that is granted or renewed expires one year from the date set out on the certificate of registration.
Temporary registration
2009-15
7.1The Registrar may grant a registration on or after October 1, 2008, and before March 31, 2009, to expire on March 31, 2009, to an applicant who is not deemed to be registered under subsection 4(2), if the application is accompanied by a letter from ALC confirming the number of video gaming devices it intends to supply to the premises if registration is granted.
2009-15
Certificate of registration
8Every registered video lottery siteholder shall prominently display the certificate of registration or a copy of the certificate at the business premises identified in the registration.
Terms of registration
9The requirements set out in sections 9.1 to 14 for registered video lottery siteholders are terms of their registration.
2009-15
Licensed premises
2009-15
9.1Every registered video lottery siteholder shall
(a) occupy the premises identified in the certificate of registration, and
(b) hold and continue to hold a valid licence under the Liquor Control Act in accordance with the following requirements: 
(i) for premises in which 15 to 75 video gaming devices are permitted, a lounge licence; or
(ii) for premises in which one to 14 video gaming devices are permitted, a licence that permits the siteholder to operate the premises as a licensed premises under that Act.
2009-15; 2019-43; 2022-35
Change in address
10Every registered video lottery siteholder shall serve the Registrar with a written notice of any change in address for service not later than 5 days after the change.
Change in officers, membership
11Within 5 days after any change in the officers or directors of a corporation or in the membership of a partnership that is a registered video lottery siteholder, the corporation or partnership shall disclose the change by filing a disclosure with the Registrar.
Change of interests
12Within 5 days after any change in the holders of 5% or more of any shares in a corporation or partnership that is a registered video lottery siteholder, the corporation or partnership shall disclose the change by filing a disclosure with the Registrar.
Reporting of charge or offence in another jurisdiction
13Every registered video lottery siteholder shall notify the Registrar if the siteholder, including any of its officers, directors or partners, or a person deemed to be interested in the siteholder, has been charged or convicted of any offence in any jurisdiction within 15 days after such charge or conviction.
Prohibition re credit or cheques
14A registered video lottery siteholder shall not grant credit or cash cheques to enable a person to play a video gaming device.
Play by minors prohibited
15A registered video lottery siteholder shall not permit a person under the age of 19 years to play a video gaming device.
Hours of play
16A registered video lottery siteholder shall not permit a person to play a video gaming device between the hours of 2:30 a.m. and 10:00 a.m., inclusive.
Prescribed offences
17The following provisions are prescribed as offences: sections 5, 8, 14, 15 and 16.
2009-15
Commencement
18This Regulation comes into force on October 1, 2008.
N.B. This Regulation is consolidated to June 22, 2022.