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.


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