L-6, r. 2 - Rules respecting amusement machines

Updated to 1 September 2012

This document has official status.

chapter L-6, r. 2

Rules respecting amusement machines

Act respecting lotteries, publicity contests and amusement machines

(chapter L-6, s. 20).

1. In these Rules, “Act” means the Act respecting lotteries, publicity contests and amusement machines (chapter L-6).

R.R.Q., 1981, c. L-6, r. 2, s. 1.

2. A person wishing to obtain an operator’s licence or a merchant licence must:

(a)  be a Canadian citizen;

(b)  be of full age or emancipated according to the Civil Code;

(c)  for a person other than a natural person, have its head office or principal establishment in Canada and an office in Québec.

R.R.Q., 1981, c. L-6, r. 2, s. 2; Decision 86-10-27, s. 1; Decision 89-04-25, s. 1.

2.1. A licence application may be refused if the applicant has been found guilty of or has pleaded guilty to:

(1)  an offence against the Act, against the Regulation respecting amusement machines (chapter L-6, r. 1), or against these rules within the last 3 years and for which he has not been granted a pardon;

(2)  an offence punishable on summary conviction pertaining to gaming or betting within the last 3 years and for which he has not been granted a pardon;

(3)  an indictable offence involving gaming or betting (Part VII) or under Part IX (offences against rights of property) or X (fraudulent transactions relating to contracts and trade) of the Criminal Code (R.S.C. 1985, c. C-46) within the last 5 years.

Decision 86-10-27, s. 1.

2.2. A licence application may also be refused to a legal person when the reasons for refusal provided for in section 2.1 apply to directors, shareholders or, in the case of a partnership, to partners of the person applying for a licence.

Decision 86-10-27, s. 1.

3. A person wishing to obtain a merchant licence shall furnish to the Régie des alcools, des courses et des jeux (board) with the form prescribed in section 36 of the Act, the following documents and information, inter alia:

(a)  a copy of its constituting act, where applicable, or a copy of the by-laws or any other documents that show the structure and the objectives of the organization;

(b)  a certified copy of the resolution establishing the representative’s right to act;

(c)  a list of the names and addresses of each of its customers;

(d)  the classes of amusement machines operated.

R.R.Q., 1981, c. L-6, r. 2, s. 3.

4. A person wishing to obtain an operator’s licence shall furnish to the board with the form prescribed in section 36 of the Act, the following documents and information, inter alia:

(a)  a copy of its constituting act, where applicable, or a copy of the by-laws or any other documents that show the structure and the objectives of the organization;

(b)  a certified copy of the resolution establishing the representative’s right to act;

(c)  a list of the directors, shareholders or partners, indicating their names, addresses and occupations;

(d)  in the case of an amusement machine described in subparagraphs d and e of paragraph 2 and subparagraph e of paragraph 3 of section 2.3 of the Regulation respecting amusement machines (chapter L-6, r. 1), a detailed technical description including a description of the gaming materials and installation standards;

(e)  the number of registration markers the person wishes to obtain, by class of amusement machine;

(f)  for each class of amusement machine, a notice indicating the number of machines owned when applying and, in the case of a subsequent application, the number of machines purchased, sold or withdrawn from the market since that notice and a copy of the register mentioned in section 24;

(g)  a copy of the most recent financial statements.

R.R.Q., 1981, c. L-6, r. 2, s. 4; Decision 85-05-22, s. 1; Decision 86-10-27, s. 2; Decision 89-04-25, s. 2.

5. The board may require that the person who wishes to pay the duties for the licence and for the registration of his amusement machines in 2 equal installments as provided in section 9 of the Regulation respecting amusement machines (chapter L-6, r. 1) furnish to it security to ensure the payment of the full amount of the duties and interest where:

(1)  he does not reside in Québec;

(2)  the person has no head office or place of business declared in compliance with the laws of Québec;

(3)  it is a first licence application;

(4)  he has failed within the past 3 years to pay the duties for the licence and for the registration of his amusement machines at the time provided for;

(5)  he has failed within last 3 years to pay an amount exigible under a notice of assessment at the time provided for;

(6)  he has been convicted of an offence under the Act, the Regulation respecting amusement machines or these Rules within the last 3 years.

R.R.Q., 1981, c. L-6, r. 2, s. 5; Decision 86-10-27, s. 3; Decision 89-04-25, s. 3.

6. Security may be furnished by depositing with the board:

(a)  a sum of money;

(b)  securities; or

(c)  a letter of guarantee that complies with the prescribed form.

R.R.Q., 1981, c. L-6, r. 2, s. 6.

7. The board may require that a person wishing to obtain an operator’s licence or holding such a licence have and maintain liability insurance where:

(a)  the amusement machine that he wishes to put at the disposal of the public or that he puts at the disposal of the public could cause bodily injury or property damage to those persons using it or to any other person in the place where such a machine is operated;

(b)  the place where an amusement machine is put at the disposal of the public presents a danger to the persons in that place.

R.R.Q., 1981, c. L-6, r. 2, s. 7.

8. (Revoked).

R.R.Q., 1981, c. L-6, r. 2, s. 8; Decision 89-04-25, s. 4.

9. (Revoked).

R.R.Q., 1981, c. L-6, r. 2, s. 9; Decision 86-10-27, s. 4.

10. (Revoked).

R.R.Q., 1981, c. L-6, r. 2, s. 10; Decision 86-10-27, s. 4.

11. The documents furnished to the board related to an application for a licence become the property of the board.

R.R.Q., 1981, c. L-6, r. 2, s. 11.

12. The licence and the registration markers remain the property of the board and the holders may not consider or assess them as part of their property.

R.R.Q., 1981, c. L-6, r. 2, s. 12; Decision 86-10-27, s. 5.

13. Where a licence is suspended or revoked, the holder shall return it to the board as soon as the latter notifies him of its decision.

In the case of an operator’s licence, the operator shall return to the board all the registration markers issued to him by the board, at the same time as the licence.

R.R.Q., 1981, c. L-6, r. 2, s. 13; Decision 89-04-25, s. 5.

14. The holder of an operator’s licence must affix, where it can be seen by the public, to any amusement machine he puts at the disposal of the public a registration marker issued by the board corresponding to the class of amusement machine to which it belongs in accordance with section 2.3 of the Regulation respecting amusement machines (chapter L-6, r. 1).

R.R.Q., 1981, c. L-6, r. 2, s. 14; Decision 86-10-27, s. 6; Decision 89-04-25, s. 6.

15. Before putting an amusement machine covered by subparagraph d or e of paragraph 2 or subparagraph e of paragraph 3 of section 2.3 of the Regulation respecting amusement machines (chapter L-6, r. 1) at the disposal of the public, the holder of an operator’s licence shall send to the board a technical description of the machine and the rules to be followed by the public using it.

The rules must be approved by the board, which shall send a certified copy of them to the holder.

R.R.Q., 1981, c. L-6, r. 2, s. 15; Decision 85-05-22, s. 2; Decision 86-10-27, s. 7; Decision 89-04-25, s. 6.

15.1. The holder of an operator’s licence shall affix to each of his machines prominently in sight of the public:

(1)  the cost payable and the conditions for the use of the machine;

(2)  the rules to be followed by the public for such use;

(3)  the advantage the public may derive from such use.

Decision 85-05-22, s. 2.

15.2. In addition to the requirements prescribed by section 15.1, the holder of an operator’s licence for an amusement machine covered by section 15 shall post prominently in sight of the public, at the place where the game is played, the duly approved and certified copy issued to him by the board in accordance with section 15.

Decision 85-05-22, s. 2.

15.3. An operator of an amusement machine covered by section 15 may not allow such an amusement machine to be put at the disposal of the public if the technical description and the rules for the use of the game do not correspond in every point with the description and the list contained in the copy certified and approved by the board.

Decision 85-05-22, s. 2.

16. A prize awarded for a game of skill may not be credited in order to obtain a more expensive prize from a subsequent game.

R.R.Q., 1981, c. L-6, r. 2, s. 16.

17. No person may make any alteration to an amusement machine covered by section 15 without prior authorization in writing from the board.

R.R.Q., 1981, c. L-6, r. 2, s. 17; Decision 89-04-25, s. 6.

18. Where an amusement machine fails to function properly, the holder of the operator’s licence for the machine shall refund to the person who used it the amount he spent.

R.R.Q., 1981, c. L-6, r. 2, s. 18; Decision 86-10-27, s. 8; Decision 89-04-25, s. 6.

19. A defective amusement machine shall immediately be removed from public use until it has been repaired.

R.R.Q., 1981, c. L-6, r. 2, s. 19.

20. The holder of an operator’s licence shall make all the necessary provisions to ensure that, in the places where an amusement machine is put at the disposal of the public:

(a)  the peace is not disturbed;

(b)  a person whose faculties are obviously impaired is not permitted to enter or stay on the premises.

R.R.Q., 1981, c. L-6, r. 2, s. 20.

21. The place where an amusement machine is put at the disposal of the public must:

(a)  be well-lighted during business hours;

(b)  comply with the Act and regulations in force pertaining to construction, health and public safety.

R.R.Q., 1981, c. L-6, r. 2, s. 21.

22. The holder of an operator’s licence who puts an amusement machine at the disposal of the public shall install it so that any risk to public safety is minimized.

R.R.Q., 1981, c. L-6, r. 2, s. 22.

23. The holder of an operator’s licence may not use or permit the use of an amusement machine whose registration is prescribed unless a registration marker is affixed to the machine.

Decision 89-04-25, s. 8.

24. The holder of an operator’s licence shall keep a register at the address indicated in his licence indicating, for each amusement machine he possesses for which duties are prescribed, whether it is at the disposal of the public or not, the date of its acquisition by purchase or otherwise, the place at which and the date on which it was put at the disposal of the public, the name and address of its depositary, the number of the registration marker he affixed thereto, the manufacturer’s serial number, the number assigned to it by the operator, if any, and any other information describing it.

The holder shall also keep in the same place, for each machine, the invoice and other documents referring to the acquisition, sale or disposal of that property, and he may not dispose of them without authorization in writing from the board.

Decision 89-04-25, s. 8.

25. The holder of a merchant’s or operator’s licence may not sell or otherwise transfer an amusement machine for which duties are prescribed, whether in operating condition or not, without furnishing the purchaser with a dated and sequentially numbered invoice indicating the purchaser’s name and address, a description and the serial number of the machine, and the date on which he takes possession thereof.

The holder shall keep at least one copy of the invoice, and he may not dispose of it without authorization in writing from the board.

Decision 89-04-25, s. 8.

REFERENCES

R.R.Q., 1981, c. L-6, r. 2

Decision 85-05-22, 1985 G.O. 2, 1829

Decision 86-10-27, 1986 G.O. 2, 2641

Decision 89-04-25, 1989 G.O. 2, 2191