LATE DISTRIBUTION FOR COUNCIL OCTOBER 22, 1996 A13 ADMINISTRATIVE REPORT Date: October 18, 1996 Dept. File No. Law 96-1382 TO: Vancouver City Council FROM: Corporation Counsel SUBJECT: Family Sports and Entertainment Centre RECOMMENDATION A. THAT Section 15.2(3) of the License By-Law be amended so that it will now read: 15.2(3)(a) No operator of a family sports and entertainment centre shall install, allow to be installed or otherwise provide for use on the premises any machine if it, or the operator, redeems successful play with money or with prizes which can be redeemed for money on the premises. 15.2(3)(b) No operator of a family sports and entertainment centre shall install, provide or conduct prize games if the outcome of such game is determined by chance or mixed chance and skill. B. THAT Prize game be defined to read: Prize game - means a game or automatic machine, the successful playing of which entitles the player to money, goods, wares or merchandise and the player pays money or other valuable consideration to play the game. C. THAT the definition of Family Sports and Entertainment Centre be amended to accord with the amendment in Recommendation A. CITY MANAGER S COMMENTS The City Manager RECOMMENDS approval of A, B and C, above. COUNCIL POLICY There is no Council Policy directly related to this matter. PURPOSE The purpose of this report is to recommend the by-law amendment referred to above. BACKGROUND Earlier this year Council approved a re-zoning to permit a Family Sports and Entertainment Centre. At the same time it amended the License By-Law to regulate such operations. Council instructed that no cash prizes be permitted and that redemption prizes could only be given if the game was one of skill. A group of citizens have challenged the wording of the by-law on the ground that it permits activity not permitted by the Criminal Code. While, in my opinion, the by-law cannot constitutionally be read to permit something so prohibited, the fact is that there is no difference between the substantive position of Council and that of the Petitioners. Accordingly, I am recommending that the language of the by-law be amended to reflect the language used in the Criminal Code. If Council adopts the recommendation, a by-law will be presented to Council later this day. * * * * *