Thursday, November 01, 2007

Requirements for local government or first nation approval of gaming facilities

http://www.qp.gov.bc.ca/statreg/reg/G/208_2002.htm#section13

Requirements for local government or first nation approval of gaming facilities

13 The approval that may be granted under section 19 (1) (a) of the Act by the host local government must
(a) be in the form of a resolution or of a letter on the official letterhead of the host local government and delivered in duplicate to
(i) the lottery corporation, and
(ii) the general manager,
(b) specify the effective date of the approval, if different from the date of the resolution or letter,
(c) be executed by the duly authorized official or officials of the host local government,
(d) identify the potentially affected local governments that have been consulted, ((11) The distance prescribed for the purposes of the definition of "potentially affected local government" in section 17.1 of the Act is 5 km from the perimeter of the gaming facility or proposed gaming facility.)
(e) Repealed. [B.C. Reg. 280/2004, s. 6 (b).]
(f) summarize the outcome of the consultations, and
(g) confirm the manner in which it obtained community input.
[am. B.C. Regs. 280/2004, s. 6; 183/2006, s. 10.]

Limit on number of slot machines

13.1 The lottery corporation must get approval from the host local government before increasing the number of slot machines at a gaming facility beyond a maximum limit presently established by that host local government in a form referred to in section 13 (a).
[en. B.C. Reg. 183/2006, s. 11.]

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Don Quixote Note: The minimum distance suggested under the Act of 5 km if followed precisely would allow the Host City in this case (Vernon) not to have to consult with Coldstream (7.1 km), Armstrong (over 10km) or Spall. Affected local areas would be Areas B and C and the First Nations reserve(s). Although NORD does have an office downtown and is within the 5 KM suggested consultation radius it is not really a "local government" but merely an provincially mandated gathering place for area municipalities and areas to meet .

Section 13.1 seems to indicate that the Host Community determines the maximum limit of slot machines. I do not know what the maximum limit of machines allowed under the present COSA (Casino Operational Services Agreements expiring in 2011) but it appears that Vernon could limit the number of slot machines that it allows at the new location. Could be a good bargaining chip to prevent the mingling of FDC funds (3% Facility Development Compensation) with other Casinos operated by Lake City Casino or its soon to be Aussie takeover owner. The AFDS funds (2% Accelerated Facility Development compensation) that was recently introduced can not be used or intermingled !)

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