POLICY REPORT

URBAN STRUCTURE

Date: December 29, 1998
Author/Local: HRoth/6115
RTS No. 436

CC File No. 2633-1

TO:	Vancouver City Council
FROM:	The Director of Community Planning on behalf of Land Use and Development, in consultation with the Chief License Inspector, the Director of Community Services-Social Planning, and the Director of Legal Services
SUBJECT:	Regulation of Bingo Halls

RECOMMENDATION

THAT the Director of Land Use and Development be instructed to make application to amend the Zoning and Development By-law and Downtown Official Development Plan, generally in accordance with Appendix A, to:

(a) define Bingo Hall as a place where bingo is played, with proceeds going to charity, but not including the use of player-operated video lottery terminals (VLTs) or slot machines;

(b) permit Bingo Hall in the DD, C-3A, FC-1, IC-3, I-2, HA-1, HA-1A, and three CD-1 zoning districts subject to guidelines (Appendix B) to be adopted by Council;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws;

AND FURTHER THAT the application and by-laws be referred to a Public Hearing, together with the recommendation of the Director of Land Use and Development to approve the application, subject to Council adoption of guidelines (Appendix B), and an amendment to the Parking By-law to establish parking standards for Bingo Hall, and the Licence By-law to define and establish a fee for Bingo Hall, at time of enactment of the By-law amendments.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

· On November 1, 1994, Council passed a resolution opposing gaming expansion including the introduction of VLTs in charity casinos and licensed drinking establishments, the expansion of electronic bingo, and an increase in the number of charity casinos in the City of Vancouver or in adjacent areas where the City could be impacted, and furthermore, that the City of Vancouver consider gaming expansion a matter of determination by the people of British Columbia through appropriate broad and local involvement in a meaningful consultation program.

· On March 25, 1997, Council reiterated its demand to the Provincial Government for a comprehensive Gaming Act before expanding gaming activity goes forward. Council further advised the Minister of Municipal Affairs and the Minister of Employment and Investment, that Vancouver opposes the addition of slot machines as an expanded gaming option.

· In addition, between January 27, 1987 and April 22, 1997, Council passed several additional related resolutions expressing concern that maximum financial benefits accrue directly to the social service agencies sponsoring casino events; that controls be in place to discourage or prevent possible negative social consequences, such as compulsive gambling or criminal activity; that revenues be made available to mitigate community impacts; that there be by-law amendments to prohibit electronic gaming devices; and the Council object to the Provincial Government's approval of an increase in the betting limits and expansion of gaming hours.

SUMMARY AND PURPOSE

In response to Council's request for a timely report back, staff have prepared this interim report, dealing specifically with halls whose principal use is bingo. This report reviews the City's established process for regulating bingo halls and recommends amendments to the Zoning By-laws. A new definition for bingo hall is proposed that distinguishes this use from general hall use, and defines appropriate bingo gaming. In addition, guidelines and pre-site clearance procedures have been drafted. The guidelines include a spacing restriction between bingo halls and casinos.

BACKGROUND

On November 19, 1998, Council, when considering the relocation of a Casino-Class 1, resolved that:

(a) the pre-site Casino - Class 1 policy be amended to include Bingo Halls and any other gaming facilities in this process;
(b) the Director of Community Planning be instructed to report back on options for making Bingo Halls subject to a conditional approval process in all zones; and
(c) staff report back early in the New Year on issues relating to the location of gambling establishments, including the issues of not allowing two types of gambling on one site and establishing appropriate distances between establishments.

DISCUSSION

1. Existing Situation

Bingo halls are currently considered and approved as a hall use. In addition to bingo halls, hall use covers community halls, church halls and assembly halls. Hall use is permitted as an outright use in four zoning districts, and as a conditional use in another fourteen districts, allowing development applications for a bingo hall in most commercial, industrial and historic areas of the city.

Currently, there are three bingo halls in the city, offering a range of bingo gaming. Information about these three facilities is summarized in the table below:

NAME	ADDRESS	# of SEATS	HRS of OPERATION	TYPE of BINGO	ZONING
Planet Bingo	2655 Main St.	500	10:15 a.m. - 1 a.m., 7 days/week	Paper, electronic, linked, some independent play	C-3A Outright use
Jackpot Bingo*	#201, 877 E. Hastings	460	11:30 a.m - 10 p.m. Mon -Thurs, Sun; 11:30 - Midnight, Fri., Sat.	Paper bingo, linked bingo	M-1 Conditional use
Cordial Hall	2215 E. Pender	350	M,W, F, Sat 4:30 - 10:00 p.m.	Paper bingo, linked bingo	RS-1A Conditional use* *

* B.C. Gaming Commission License cancelled effective January 31, 1999.
** Bingo is operated by the Killarney Community Centre Society; this hall is approved as a Community Centre use , not a Hall use.

Bingo halls, like casinos, draw their clientele from a large area, and are not a local serving use. Bingo operations include paper bingo (using paper bingo cards and markers), electronic bingo (where the bingo cards are displayed on a video monitor), and linked bingo (where the bingo game being played [on paper or video monitor] is linked to other players across the province). At Planet Bingo, the only facility with electronic terminals, there is also time-limited availability of "personal" play bingo at electronic terminals, not unlike a VLT game.
Bingo halls operate through charitable licensees who retain net proceeds, including those from electronic bingo, even though the latter is operated under the jurisdiction of the B.C. Lottery Corporation. Bingo is included in the review the Province is conducting in the development of new provincial gaming legislation.

2. Definition of Bingo Hall Use and Zoning By-law Amendments

To provide for continued operation of bingo halls in the city, but without the introduction of slot machines and player-operated VLTs, amendments to the Zoning and Development By-law are recommended.

Staff recommend that bingo hall be listed and defined as a separate use in the By-law, and permitted in the same zoning districts where Casinos - Class 1 are permitted. Application of this term will apply only to bingo halls whose principal use is bingo; it will not apply to halls, churches or facilities that sponsor bingo as an occasional use. Staff recognize that these "independent halls" play an important role, as they too offer linked bingo, and can accommodate large crowds. An inventory of these independent halls is attached as Appendix  C. Staff are looking into bingo gaming that takes place in independent facilities and may seek Council direction, depending on the findings.

The following definition for Bingo Hall is recommended:

"Premises used for the purpose of playing a game of chance in which players place markers on a pattern of numbered cards according to numbers drawn, announced or displayed either electronically or by a caller, in which money is wagered and some of the proceeds go to charity, but does not include player-operated video lottery terminals or slot machines."

In assessing which zoning districts bingo halls should be permitted, staff have considered the appropriateness of the use given other permitted uses in the district. Given the scale and nature of the use, permitting it in local-serving commercial zoning districts, or in commercial zoning districts which abut low-density residential districts may result in negative neighbourhood impacts like increased traffic, parking issues, and noise. Staff are not recommending that bingo hall be permitted in these districts, and applications to locate a bingo hall in these districts would require an amendment to the Zoning and Development By-law, and accompanying Public Hearing process.

Limiting bingo halls to the districts where casinos are permitted generally restricts them to the central area of the City. Staff are aware that bingo halls attract a different clientele who are more likely to live on the east side of Vancouver and take public transit to play bingo. The C-2, C-2C and C-2C1 zoning districts which include much of Kingsway and portions of East Hastings, Main and Fraser Streets , and Commercial and Victoria Drives are not included in the districts in which staff are recommending bingo halls be permitted since they generally abut RS single-family districts. If Council wishes to consider allowing bingo halls in these districts, the additional district(s) should be included in RECOMMENDATION A for referral to Public Hearing.

As per Council direction of November 19th, an interim amendment has already been made to the pre-site Casino - Class 1 clearance policy to include bingo halls. A pre-site clearance procedure specifically for Bingo Halls has now been developed and is attached to the Guidelines for Bingo Halls, attached as Appendix B.

3. Spacing of Bingo Halls

Staff also recommend guidelines to deal with location and spacing of bingo halls. Staff recommend a distance of 1 km between bingo halls, and 1 km between bingo halls and casinos. This 1 km would be the minimum distance between these facilities; a larger spacing may be required depending on qualitative factors, like proximity to residential areas and liquor establishments. This spacing will help to ensure that bingo and casino facilities are not located close to each other, to avoid the creation of a mini-entertainment district which may not be consistent with Council-approved Policies and Guidelines. This spacing will also help to minimize social impacts of gaming that have been found to increase with availability of gaming facilities.

While this recommended spacing is further than other spacing guidelines in existence (e.g., 300 m between pawnshops, 200 m between SNRFs), this is because the use is open long hours, draws patrons from a wide area, and is an entertainment use.

4. Other Gaming Facilities

Staff recognize that the definitions of Casino - Class 1 and Casino - Class 2 will ultimately require amendment to ensure that they reflect both Council's policies and Provincial legislation. However, until the Province finalizes its gaming authority, it is premature to amend these definitions. Staff are therefore recommending minor housekeeping amendments to the Casino - Class 1 and Class 2 definitions to reflect the term Bingo Hall. A subsequent report dealing with more comprehensive changes to these terms and definitions to cover all types of gaming facilities will be prepared when the Provincial situation becomes clearer.

5. Amendments to the Parking and License By-laws

Amendments to the Parking and License By-laws are recommended to reflect creation of the term Bingo Hall. Parking standards and license fees for bingo hall will be the same as they are now, and the same as Casino - Class 1.

CONCLUSION

The proposed changes will provide both staff and applicants with greater clarity about appropriate locations for and operation of bingo halls. As a conditional approval use, greater control is available to help achieve City and neighbourhood objectives. Staff are studying bingo gaming that takes place in independent facilities, to better understand bingo activity overall.

* * * * *

APPENDIX A
Page 1 of 2

PROPOSED ZONING, PARKING AND LICENSE BY-LAW AMENDMENTS
BINGO HALLS

ZONING AND ODP BY-LAWS

Section 2 [Definitions]

"Bingo Hall, which means the use of premises for the purpose of playing a game of chance in which players place markers on a pattern of numbered cards according to numbers drawn, announced or dispayed either electronically or by a caller, in which money is wagered and a portion of the proceeds go to charity, but does not include player-operated video lottery terminals or slot machines."

Replace "bingo, electronic bingo", in the definitions of Casino - Class 1 and Casino - Class 2 with "Bingo Hall".

Section 3 of Various District Schedules [Conditional Approval Uses], Section 3 of the Downtown Official Development Plan [ODP], and CD-1 By-laws 349 and 358

Include "Bingo Hall" as a conditional Cultural and Recreational use in the C-3A, FC-1, IC-3, I-2, HA-1 and HA-1A schedules;

Include "Bingo Hall" as a permitted use in all sub-areas of the Downtown District ODP, except L, M and N (Downtown South) and K3 (local-serving portion of Granville Street);

Permit "Bingo Hall" in CD-1 (349) Plaza of Nations and CD-1 (358) Holiday Inn.

Section 10 [General Regulation]

Amend 10.31 and 10.31.1 to add Bingo Halls

10.31 Casinos and Bingo Halls

10.31.1 Wherever the words "commercial", "commercial uses", "social, recreational and cultural", and "cultural and recreational uses" appear in this by-law or any other by-law passed pursuant to this By-law, such permitted use shall not, unless otherwise specifically provided by this By-law or any other by-law passed pursuant to this By-law, include a Casino - Class 1 or a Bingo Hall as defined in section 2 of this By-law.

APPENDIX A
Page 2 of 2

PARKING BY-LAW

Include Bingo Hall as a building classification in Sub-section 4.2.4 (Cultural and Recreational) and require a minimum of one space for every 9.3 m² (100 sq. ft.) of floor area used for assembly purposes (same as Theatre, Auditorium, Casino - Class 1, Hall or Club).

LICENSE BY-LAW

Establish a license fee of $175.00 for a Bingo Hall (same as Casino - Class 1).

Define Bingo Hall using same definition proposed for Zoning By-law.

APPENDIX B
Page 1 of 3

BINGO HALL GUIDELINES

These guidelines are to be used in conjunction with the C-3A, FC-1, IC-3, I-2, HA-1 or HA-1A District Schedules of the Zoning and Development By-law, the Downtown District Official Development Plan or CD-1 By-laws 21*, 349 and 358 for development applications for a Bingo Hall.

Location Restrictions - I-2 and FC-1 Districts

Development applications should only be considered on the north side of Grandview Highway between Renfrew Street and Boundary Road, the south side of Marine Drive between Laurel and Chester Streets, and on Terminal Avenue between Quebec Street and Glen Drive (excluding Thornton Park).

Spacing Restrictions

A Bingo Hall should not be located within a 1 000 m radius of an existing Bingo Hall or within 1 000 m of an existing Casino - Class 1. Greater spacing may be required depending on the size of proposed facility and hours of operation; and its proximity to residential areas, and liquor establishments.**

*CD-1 (29) is an old CD-1 By-law which does not contain any regulations or permitted uses. At the time of enactment of the Casino Class 1 regulations and guidelines, a casino existed on the site. It is intended that these guidelines apply if a bingo hall is proposed to replace the casino.

** The Casino - Class 1 guidelines will also be amended to reflect this spacing restriction.

APPENDIX B
Page 2 of 3

BINGO HALL - PRE-SITE CLEARANCE APPLICATION PROCEDURE

1. Applicants are required to provide a letter from the Provincial Gaming Commission which indicates that the Commission has carried out a preliminary review and that the Commission is prepared to consider a Bingo Hall at that site. The letter must be provided at the time the pre-site clearance application is filed.

2. The pre-site clearance application form is available from the Permits & Licenses Department. The fee for the application is $1,550. (This fee includes payment for a Business License but does not include payment for a Development Application.)

3. The City Clerk's Department arranges notification of the application to surrounding residents and businesses:

(a) if the site is in the downtown area west of Main Street and north of False Creek, notification is within a 305 m (1,000 ft.) radius of the site; and
(b) if it is outside of the downtown area, notification is within a 610 m (2,000 ft.) radius of the site.

The notification invites written comments and attendance at a meeting of Council's Planning and Environment Committee held to consider the application. Notification will be carried out utilizing Canada Post Ad Mail Services or door-to-door delivery by temporary City staff. Costs of notification are included in the application fee.

4. Permits & Licenses and Planning staff will prepare a report to Council's Planning and Environment Committee following a review of the proposed location including the following information:

· map of the area;
· size of the proposed bingo hall and hours of operation;
· proximity of the proposed location to residential areas, liquor establishments, casinos and other Bingo Halls;
· recent liquor license, casino or bingo halls application in the area, and/or previous referenda; and
· comments from other City departments including Police, Housing and Properties, Environmental Health and Social Planning.

APPENDIX B
Page 3 of 3

5. Council will consider the staff report, written submissions and delegations and advise the Director of Planning that Council:

1. Does not endorse the application;
2. Endorses the application; or
3. Endorses the application subject to the results of a neighbourhood referendum.

6. If required, the referendum will be conducted by the City Clerk's office in accordance with the existing City Guidelines for the Conduct of Referenda used for the consideration of liquor license application. The results are forwarded to Council. (The Director of Planning will take the results of the referendum and any advice that Council may provide into account when considering a Development Application for the site.)

All costs of the referendum are the responsibility of the applicant. The time frame for the conduct of a referendum is on average five or six months.

APPENDIX C

INDEPENDENT BINGO LICENSEES - CITY OF VANCOUVER

NAME	ADDRESS	# OF SEATS	GROSS REVENUE April 1, 1998 to date	REVENUE TO CHARITY April 1, 1998 to date	# OF EVENTS annual	LINKED
Benevolent Protective Order of Elks #55	5454 Fraser Street	100	$11,356	not reported	52	no
Friends of the Evelyn Saller Centre Society	320 Alexander Street	100	$19,506	not reported	52	no
Italian Cultural Centre Society	3075 Slocan Street	600	$341,092	$125,859	52	yes
Notre Dame School -Development Fund	2855 Parker Street	600	$409,700	$200,633	49	yes
Oakridge Seniors Society	513 - 650 W 41st Avenue	100	$21,598	$1,017	52	no
Our Lady of Sorrows Church Society	555 Slocan Street	300	$194,226	$83,916	48	yes
Saint Andrews Parish Bingo	480 47th Avenue	500	$133,320	$84,521	30	yes
Saint Francis of Assisi Parish Bingo	2025 Napier Street	300	$47,859	$39,386	36	yes
Saint Helens Parish	3871 Pandora Street	200	$393,391	$223,066	51	yes
Saint Josephs Parish	3271 Fleming Street	155	$280,087	$93,421	22	yes
Saint Judes Catholic Church	3078 Renfrew Street	600	$117,742	$44,050	52	yes
Saint Marys Parish Bingo Committee	5251 Joyce Street	800	$414,964	$189,973	51	yes
Saint Marys Ukrainian Catholic Church	550 W 14th Avenue	250	$292,242	$115,520	52	yes
Saint Patricks Parish	116 E 12th Avenue	250	$294,586	$125,342	52	yes
United Croats of Canada	3250 Commercial Drive	800	$404,603	$185,374	52	yes
Victoria Drive Community Hall Assoc.	2026 E 43rd Avenue	150	$40,289	not reported	52	no

TOTALS:

5805

$3,416,561

$1,512,078

755

12

Source: BC Gaming Commission

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(c) 1998 City of Vancouver