THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 42-2008
A By-law to provide for the licensing, regulating and governing
various businesses in the City of Burlington
WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a local municipality may license, regulate and govern any business, wholly or partly carried on within the municipality, even if the business is being carried on from a location outside the municipality; and
WHEREAS the Municipal Act, 2001 provides that Council may delegate by by-law some of its responsibilities associated with the licensing, regulating and governing o f businesses to City staff; and
WHEREAS the Council of the City of Burlington considers it desirable and necessary to license, regulate and govern certain types of businesses.
NOW THEREFORE the Council of the Corporation of the City of Burlington hereby enacts as follows:
1.1 In this By-law:
(1) “Additional Fee” means a fee, in addition to the licence fee, imposed by the municipality on a business at any time during the term of the licence for costs incurred by the municipality attributable to the activities of the business.
(2) “Adult Magazine” means any magazine designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities, or by an emphasis on the display of human Specified Body Areas.
(3) “Amusement Device” means a machine, contrivance, structure or vehicle used in a carnival to entertain members of the public by moving them or causing them to be moved.
(4)
“Applicant” means a
Person applying for a new or renewing a Licence under this
By-law.
(5) “Automotive” automotive includes automotive repair,
automotive dealership and vehicle storage.
(6) “Banquet
Hall” means a building or part of a building used for the purpose of
catering to banquets, weddings, receptions or similar functions for which food
and beverages are prepared and served on the premises and may include a catering
service.
(7) "Billiard/Pool Hall" means a building or structure or part thereof where the a principle business is the provision of 5 or more billiard tables for hire or gain.
(8) “Business” means any business wholly or partly carried on within a municipality even if the business is being carried on from a location outside the municipality and includes:
a.
trades and
occupations,
b.
exhibitions, concerts,
Festivals and other organized public amusements held for profit or
otherwise,
c.
the sale or hire of goods
or services on an intermittent or one-time basis and the activities of a
Transient Trader,
d. the display of samples, patterns or
specimens of goods for the purpose of
sale or hire.
(9) “Campsite” means an area of land in the Tourist Camp or Trailer Camp designated for the use of one camping vehicle or camping tent.
(10) “Camping Tent” means any collapsible structure, which has a soft, readily foldable fabric or fabric-like material as its basic component and is designed to be used as temporary occupancy other than a small children’s play tent and a tent used exclusively for dining purposes.
(11) “Camping Vehicle” means any vehicle designed to be used as temporary accommodations on the Tourist Camp or Trailer Camp such as a travel trailer, a slide-in camper, a chassis-mounted camper, tent trailer, and a motorized home. Such vehicles may be attached to a self-propelled motor vehicle for the purpose of either being towed or carried from place to place, or be capable of self-propulsion, provided that they are equipped to provide temporary occupancy.
(12) “Carnival” means an exhibition, display, event or amusement show, including a circus, which may include the operation of one or more amusement devices.
(13) “Catering” means any service where food is prepared on site or at a place other than the caterer’s regular place of business, by a person or persons and provided to the public for hire or gain at a personal or public event or function.
(14) “Certificate of Insurance” means a written document stating that insurance is in effect. Includes general statement of policy’s coverage including coverage limits and effective dates.
(15) “City” means The Corporation of the City of Burlington.
(16) “City Solicitor” means the Solicitor for the City or his or her designate.
(17) “Council” shall mean the Council for The Corporation of the City of Burlington.
(18) “Director” means the City’s Director of Building or such other director as the Council may designate, or his or her designate.
(19) “Festival” includes balloon festivals, rock concerts, blue grass festivals, folk festivals, van-ins, raves and any other special events.
(20) “Fire Chief” means the Chief of the Fire Department of the City or his or her designate.
(21) “Fire Code Advisory” means an advisory issued by the Burlington Fire Department to business owners outlining the requirements under the Ontario Fire Code for specific categories of business.
(22) “Fireworks” means a pyrotechnic device or a substance that is made, manufactured or used to produce an explosion or detonation or includes fireworks composition and manufactured fireworks as defined in the Explosives Regulations made pursuant to the Explosives Act (Canada), R.S., 1985, c. E-17.
(23) “Food Service Premise” means a premise where food or milk is prepared, stored, handled, displayed, distributed, transported, sold or offered for sale.
(24) “Foodstuff” means an edible commodity meant for human consumption, including but not limited to pre-packaged, prepared, wholesale, bulk or catered.
(25) “Highway” means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, or any part thereof which is intended for or used by the general public for the passage of vehicles, including any surface grassed area, boulevard, ditch, curb, gutter, sidewalk and other parts of the road allowance, whether traveled or untravelled.
(26) “Home Based Business” means an office or personal service use, excluding body rub business, conducted from a residential dwelling unit by a person or persons residing in the dwelling unit, which is secondary to the primarily residential use of the dwelling.
(27) “Individual” means a natural person and does not include a corporation, partnership or association.
(28) “Inspector” a duly appointed Municipal Law Enforcement Officer and includes members of the Halton Regional Police Service.
(29) “Licence” means an authorization issued under this By-law to carry on a business specified therein and the document, certificate or card issued shall provide evidence of such authority as the content may allow.
(30) “Licensing Committee” means a Committee of Council duly appointed by Council to conduct hearings under this By-law.
(31) “Licensing Office” means the Building Department of the City of Burlington or such other department as the Council may designate.
(32) “Licensing Officer” means the Director or designate appointed by the Council of the City to issue Licences.
(33) “Licenced Premises” means an establishment, which is referred to in a licence issued under this By-Law.
(34) “Licensee” means a person who has been issued and maintains a valid licence pursuant to the terms of this By-law.
(35) “Lunch Counter” means a building or structure or part thereof where meals or meal portions, including ice cream cones or other frozen confectionaries, are prepared and sold over a counter for consumption within the building or structure or off the premises.
(36) “Medical Officer of Health” means the Medical Officer of Health for the Regional Municipality of Halton, duly appointed under the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended, and includes any staff official acting on behalf of the Medical Officer of Health.
(37) “Motor Vehicle” includes an automobile and any other vehicle propelled or driven other than by muscular power, but does not include the cars of electric or steam railways, or a motorized snow vehicle, traction engine, farm tractor, self propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c.H. 8.
(38) “Motor Vehicle Dealership” means a business where new and/or pre-owned vehicles are displayed for retail sales purposes and in conjunction with which there may be a motor vehicle repair garage, or auto body shop.
(39) “Motor Vehicle Repair Garage” means a business where motor vehicles are repaired including mechanical and body repairs and painting.
(40) “Municipality” means geographic area of the City of Burlington.
(41) “Newspaper Distribution Box” means any coin operated or other box or stand that holds newspapers, periodicals, or other printed material for access by the general public.
(42) “Night Club” means an establishment or part thereof, whose principal function is the provision of music, pre-recorded or live music, for dancing by club patrons, having a minimum dance floor area of 10m2, and where food and/or beverages may be served, but shall not include an Adult Entertainment Establishment.
(43) “Nuisance” means anything that is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
(44) “Operator” includes a person who alone or with others: operates, manages, supervises, runs or controls or directs a Business and “operate” and “operation” and other words of like import or intent shall be given a corresponding meaning.
(45) “Owner” includes a Person who alone or with others owns and/or has the ultimate control over a Business and/or who directs the operation of a Business under this By-law and whose name appears on the licence issued by the City for such Business pursuant to this By-law.
(46) “Pawnbroker” means a person who carries on the business of taking by way of pawn or pledge any article for the repayment of money lent thereon and “pawnbroker” includes a person who offers a buy-back service in relation to such articles.
(47) “Pawn” means to deliver personal property to a
Pawnbroker in pledge or as security for a debt or sum
borrowed.
(48) “Person” includes a corporation and its directors and officers, sole proprietor, and partnership and the heirs, executors, assignees and administrators or the other legal representatives of an Individual and their respective successors and assignees
(49) “Personal Services” means a business that provides personal care procedures for any part of the body and includes but is not limited to acupuncture, hair cutting, manicuring and nail treatments, electrolysis, tattooing and micro-pigmentation, body piercing and ear piercing.
(50) “Pinball or Electronic Game Machine Establishment” means an establishment where eleven or more pinball and/or electronic game machines are installed.
(51) “Place of Public Assembly” means but is not limited to theatres, music halls, Festivals, public place, billiard and pool halls, pinball and electronic game machine establishment, banquet facilities, exhibitions, nightclubs, restaurant/bar or other place of entertainment or amusement but shall not include an Adult Entertainment Establishment.
(52) “Police Chief” means the Chief of Police for the Halton Regional Police Service or persons as designated by him or her for the purpose of this by-law.
(53) “Premises” include lands, and any fence, buildings, sheds or similar structures situated thereon.
(54) “Public Hall” means a building or structure or part thereof, including a banquet hall or a portable building or tent offered for use as a place of public assembly but does not include a building, used solely for religious purposes.
(55) “Refreshment Vehicle” includes any vehicle from which refreshments are sold for consumption by the public and includes, but is not limited to, carts, wagons,
trailers, trucks and bicycles, irrespective of the type of motive power employed to move the Refreshment Vehicle from one point to another.
(56) “Refreshment Vehicle – Class A” includes any vehicle that is used as an itinerant food service premise in which some limited food preparation takes place. Includes but is not limited to chip trucks, hot dog carts & barbeque equipment.
(57) “Refreshment Vehicle
– Class B” is a non-motorized vehicle, which offers factory pre-packaged
frozen products exclusively.
Included but is not limited to ice cream bikes and yogurt/juice
carts.
(58) “Refreshment Vehicle – Class C” includes any motorized vehicle that offers frozen products and/or packaged food for sale to the public. Includes but is not limited to Catering trucks and ice cream trucks.
(59) “Restaurant” means a building or structure or part thereof where food is prepared and offered for sale to the public for consumption within the building or structure or off the premises and may include a drive-through window.
(60) “Salvage Yard” means a yard or premise in which, automobile tires, old metal and other scrap material and salvage is received, purchased, taken in, processed or otherwise dealt with and includes an automobile wrecking yard or premises, excludes second hand goods sold in a mercantile environment.
(61) “Seller” means a person who delivers an article for Pawn or to a Pawnbroker.
(62) “Service Buildings” means those accessory buildings or structures situated on the Tourist Camp or Trailer Camp which house the administrative offices, manager’s or operator’s living quarters, clubhouse, toilets, showers, laundry, snack bar, tuck shop, maintenance equipment storage, pumping facilities and the various recreational facilities provided for the use of registered campers and their guests.
(63) “Serving Person” includes a waiter, waitress, host, hostess, bartender, cook and every other person serving or making available to the public food or drink in an eating or drinking establishment and every other person involved in providing such service whether or not such person is licenced or required to be licenced under this By-Law.
(64) “Sidewalk” means any public walkway, or portion of a highway between the curb line or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.
(65) “Sign” means any surface, structure and other component parts, which are used or capable of being used as a visual medium to attract attention to a specific subject matter for identification, information or advertising purposes and includes an advertising device or notice.
(66) “Specified Body Areas” means, in the case of a female, any portion of the nipple or areole of the female breast, and in the case of all persons, the anus, cleft of the buttocks, buttocks, penis, vulva, genitals, the pubic area and the perineal and perianal areas.
(67) “Storage of Motor Vehicles”, means carrying on the business of towing motor vehicles and storage of any motor vehicle into a secure storage compound.
(68) “Take-out
Restaurant” means a building, structure or part thereof, where food prepared
on or off the premises, is offered for sale to the public, and where
the
food is ordered for delivery or pick up with consumption of all food occurring off the premises.
(69) “Tourist Camp/Trailer Camp” means a tourist/trailer establishment comprising land used or maintained as grounds for camping or parking recreational vehicles with a service building or buildings and may include those retail facilities required to serve the guests of and visitors to the establishment.
(70) “Transient Trader” means any person who:
(a) Goes from door to door with goods, wares or merchandise for sale, or who carries and displays samples, patterns or specimens of any goods, wares or merchandise for which immediate sales are made and for which orders are taken with delivery to follow;
(b) Sells from a permanent structure on a temporary basis, goods, wares or merchandise for sale, or who carries and displays samples, patterns or specimens of any goods, wares or merchandise for which immediate sales are and for which orders are taken with delivery to follow;
(c) Is engaged in retail sales or an auction but does not have a commercial store front; and includes his employees, but does not include:
(i) Refreshment Vehicles, as defined in this By-law.
(ii) A consumer show open to the public or a trade show open by invitation or registration only, where the primary purpose of which is the display of goods and products and not direct sale of them. This Class also, excludes a consumer show or trade show operating as an integral part of a convention or conference.
(71) “Year To Date” means the figures appearing under the heading “year” in the description of the motor vehicle portion of the current Ministry of Transportation passenger Motor Vehicle permit for any vehicle.
(72) “Zoning Certificate” means a certificate duly issued by the City approving the use for which the Licence application has been made on the building and/or property where the Business is located or is proposed to be located.
PART 2 LICENCING REQUIRED
2.1 No person shall:
(a) keep a store or shop where Adult Magazines are sold
(b) own or operate a Personal Services business
(c) own or operate a Public Hall or Banquet Hall
(d) own or operate a Restaurant, Take-out Restaurant or Lunch Counter
(e) own or operate a Pinball or Electronic Game Machine Establishment
(f) own or operate Billiard/Pool Hall or Bowling Alley
(g) own or operate a Theatre
(h) own or operate a Nightclub
(i) act as a Transient Trader
(j) own or operate a Refreshment Vehicle
(k) own or operate an Automotive business
(l) sell by retail any Fireworks
(m) hold a Festival
(n) own or operate a Carnival
(o) own or operate a Tourist Camp/Trailer Camp
(p) operate or own a shop where Foodstuff is sold
(q) operate or own a store or shop where Tobacco is sold
(r) own or operate a Salvage Yard
(s) carry on the business of a Pawnbroker
(t) install Newspaper Distribution Boxes
unless
the person is licensed under this by-law.
2.2
A
person shall carry on business only in the name in which the business is
licenced.
2.3
For
the purpose of this by-law, a business shall be deemed to be carried on within
the city if any part of the business is carried on in the city, even if the
business is being conducted from a location outside the
City.
REPRESENTATION OF
LICENSING
2.4 No Person shall hold himself or herself out to be licenced if the Person is not.
2.5 No person shall
publish or cause to be published any representation that the person is licenced
under this by-law if the person is not licenced.
PART 3
LICENSING
OFFICE
3.1 The following
administrative and legislative responsibilities are delegated and assigned to
the Licensing Officer as follows, but not limited to:
(a) Preparing necessary documentation and forms.
(b) Receiving and processing all applications for Licences and for renewals of Licences.
(c) Issuing Licences when an application is made in accordance with and in compliance with the provisions of this By-law.
(d) Maintaining records showing all applications received and Licences issued.
(e) Generally performing all the administrative functions and legislative functions of a minor nature conferred upon the Licensing Officer by this By-law.
4.1 An application for a Licence and an application for the renewal of a Licence shall be completed on the forms provided by the Licensing Office.
4.2 Each executed application shall be submitted to the Licensing Office by the Person making the application and shall be accompanied by:
(a) The fee in the appropriate amount as set out in Appendix A to this By-law;
(b) In the case of Owners and Operators, a Zoning Certificate indicating that the use for which the application has been made is approved under the Zoning By-law as an approved use of the premises;
(c) Proof of the Applicant’s age by way of their birth certificate, passport, valid Province of Ontario driver’s licence or valid Province of Ontario health card with a photograph of the Applicant;
(d) If the Person is a corporation, a copy of the incorporating document and a copy of the last annual information filed or, if a registered partnership, a copy;
(e) of the registered declaration of partnership and a copy of the business name registration;
(f) In the case of a partnership or a corporation, a copy of the registered declaration of partnership, a copy of the business name registration and a list of all current partners, officers, directors and shareholders of the corporation together with their addresses and phone numbers.
(g) Every Person applying for an Owner’s licence shall file with the Licensing Officer, documentation satisfactory to the Licensing Officer, and demonstrating the Applicant’s right to possess or occupy the premises used by the Applicant and if such Applicant is not the registered owner of the property upon which the Business is located, such Applicant shall file with the Licensing Officer, at the same time a copy of the lease, if any, and of any other document constituting or affecting the legal relationship between the said Applicant and the said registered owner or owner in fee simple of the real property.
4.3 Every licensee shall be required to renew the said Licence prior to the expiry of the original Licence issued under this By-law.
4.4 A Licence renewal paid after the expiry date will be required to pay a late fee outlined in the Schedule of fees under this By-law.
4.5 Notwithstanding paragraph 4.2 (c), where an Applicant applies for a renewal of a licence no proof of age is required.
4.6 Notwithstanding paragraph 4.2(b), where an application is made for the renewal of a Licence and where a Zoning Certificate has been received, approving the use of the property for that which the renewal application has been made, no new Zoning Certificate is required.
4.7 Where an application is made for a new Licence or the renewal of a Licence and where a Zoning Certificate has been issued based upon the use being approved by a Committee of Adjustment Decision, the Zoning Certificate is subject to all conditions and restrictions imposed by the Committee of Adjustment or the Ontario Municipal Board on the use, including the term that the use is permitted, and upon expiry of the term, as permitted by the Committee of Adjustment or the Ontario Municipal Board, the Zoning Certificate shall no longer be valid.
4.8 Where an application for a Licence or for renewal of a Licence is refused, the fee paid pursuant to paragraph 4.2(a) shall be fully refunded.
4.9 Notwithstanding the above, no refund shall be made where an Additional Fee imposed pursuant to this By-law remains outstanding at the time of renewal and where the Additional Fee is equal to or greater than the Licence renewal fee, except where the outstanding, Additional Fee is less than the renewal fee for the Licence, the Applicant shall be refunded the difference between the renewal fee and the Additional Fee outstanding.
4.10 The Owner and the Operator must each obtain separate Licences for each of the premises at which the Owner and the Operator carry on Business.
4.11 The Licensing Officer may require the Applicant to obtain more than one Licence under this By-law, if the nature of the Business of the Applicant qualifies under more than one licensing category under this By-law.
4.12 Where the Licensing Officer receives an application for renewal of a licence previously granted under this by-law and the appropriate fees have been paid, he/she may prior to issuance of any such licence:
(a) ensure all inspections, approvals and documents as may be required have been obtained;
(b) make inquiries into all relevant matters in order to ascertain if the applicant is entitled to obtain a renewed licence under the provisions of this by-law;
(c) inquire into any and all relevant changes in circumstances since the previous licence was issued to the applicant;
(d) make any inquiries to any municipal official or employee who has carried out inspections or investigations relative to the business under application;
(e) receive reports from such municipal officials and employees as may be deemed necessary; and
(f) all taxes are paid up to the City of Burlington when required as a condition of licensing.
4.13 Every application for renewal of a licence which is not made within 60 days following the expiry date shall be deemed to be a new application and an administration fee shall apply in addition to the standard licensing fee.
4.14 Notwithstanding that a Licence has been renewed, the Licensing Officer may require the holder of a Licence at any time after the renewal is issued to file with Licensing Officer or designate such certificates or other documentary evidence as the Licensing Officer may require as evidence that such Applicant satisfies the requirements of this By-law.
4.15
No
individual shall be licenced under this By-law unless the individual is eighteen
(18) years of age or over.
5.1 On receipt of an application for a Licence or for renewal
of a Licence or as a condition of the continuation of a Licence, the Licensing
Officer or Inspector may:
(a) at any reasonable time enter upon the Business premises of the Owner or Operator to make an inspection to ensure that all the provisions of this By-law, have been complied with;
(b) at any
reasonable time inspect as much of any house, place or premises as is used for
the carrying on, conducting, operating, maintaining or keeping of any Business
in respect of which any Person is required to have a Licence under this
By-law;
(c) at any
reasonable time inspect any vehicle, any goods, articles, books, records and
other documents of or relating to any such Business established under this
By-law; and
(d) circulate
the application and supporting documents to all or any other departments within
the City, the Regional Municipality of Halton, the Halton Regional Police
Service, Medical Officer of Health or any other person or agency as may be
deemed necessary, for their review and comment.
5.2
No person
shall obstruct, hinder or in any way interfere with the Inspector, Licensing
Officer or other person inspecting, investigating or enforcing this By-law, or
withhold, destroy conceal or refuse to furnish information
required.
6.1 When an
application for a Licence or for a renewal of a Licence is made in accordance
with the provisions of this By-law and the Applicant meets all the requirements
of this By-law the Licensing Office shall issue a Licence.
6.2 No person shall enjoy a vested right in the continuance of a licence and upon the suspension or revocation, the Licence, which is property of the City, shall be returned.
7.1 Every Licence issued under this By-law is valid for a period of twelve (12) months from date of issuance unless otherwise specified.
7.2 Every Licence shall expire on the date set out in the Licence unless it is renewed in accordance with the provisions of the By-law.
7.3 Every Licensee under the By-law shall be required to renew the Licence issued pursuant to this By-law prior to its expiry date.
7.4 Any Licence issued under this By-law may be cancelled by the Licensing Officer at any time upon the request of the Licensee.
PART 8 LICENCE ON TERMS AND CONDITIONS
8.1 Notwithstanding
any other provisions of this By-law, the Licensing Officer may impose terms and
conditions on any Licence at issuance, at renewal or at any time during the
Licence period, including special conditions, as are necessary to give effect to
this By-law and may include, but are not limited to, conditions restricting the
hours of business other than those set out in this By-law, payment of
outstanding fines and compliance with outstanding regulations and legislation
including the Ontario Building Code, the Fire Code, the Liquor Licence Act or
conditions that the business Owner or Operator, as the case may be, have
employees in attendance at the Business location during the hours of operation
to ensure compliance with this By-law.
8.2 It shall be a term of every Licence that the Licensee shall comply with the provisions of this By-law, other by-laws and all provincial and federal legislation, as applicable.
8.3 The Owner or Operator, as the case may be shall:
(a) Ensure such compliance, as set out in subsection 8.2 by every other person involved in carrying out the Business.
(b) At all times maintain and keep clean, safe, in good condition and repair any place or premises for which a Licence has been issued under this By-law.
(c) Not cause, tolerate or permit a nuisance to arise in connection with the place or premises for which the Licence has been issued.
(d) Not cause, tolerate or permit shouting, noise or disturbance on, in, or in connection with the place or premises for which a Licence was issued, which is unnecessary, unreasonable or contrary to any By-law prohibiting the same, and if such shouting, noise or other disturbance occurs, the Licensee shall at once take immediate steps to cause the nuisance to be abated.
(e) Not cause, tolerate or permit any profane, offensive or abusive language in connection with any place or premises for which the Licence was issued.
(f) Not cause, tolerate or permit any obstruction on any highway, sidewalk, lane or public place in front of or adjoining the place or premises for which the Licence was issued.
8.4 Notwithstanding
any other provisions of this By-law, Council may impose Additional Fees on a
Licensee, by way of a Notice of Additional Fee at any time during the term of
the Licence for costs incurred by the City attributable to the activities of the
Licensee.
8.5 The Notice of
Additional Fee shall be sent to the Licensee by Registered Mail and shall
provide the Licensee with sixty (60) days to pay the outstanding amount from the
date of such Notice.
PART
9
GROUNDS TO REFUSE TO ISSUE OR RENEW A LICENCE OR TO REVOKE OR
SUSPEND
9.1 An Applicant whose application meets all the requirements of this By-law and its Schedules is entitled to a Licence or the renewal of a Licence except where:
(a) The
application is not complete or the fee payable in respect of the Licence or
renewal has not been paid; or
(b) There are reasonable grounds to believe that any application or other document provided to the Licensing Office by or on behalf of the Applicant contains a false statement or provided false information; or
(c) Any information contained in the original application form or any other information provided to the Licensing Office, has ceased to be accurate and the Licensee has not provided up-to-date accurate information to the Licensing Officer to allow the Licensing Officer to conclude that the Licence should continue; or
(d) Any Additional Fee imposed on a Licence remains unpaid after the due date as indicated in the Notice of Additional Fee sent to the Licensee; or
(e) The financial position of the Applicant affords reasonable grounds to believe that the activity for which he or she is to be licenced or to continue to be licenced in accordance with law will not be carried on in a financially responsible manner;
(f) The Applicant has failed to pay the fine or fines imposed by a court as a sentence arising from convictions for breach of a By-law enacted by the City or has failed to pay the fines for convictions under the Provincial Offences Act which are due and unpaid or where a prohibition or other Court Order made upon conviction has not been complied with; or
(g) There are reasonable grounds to believe that the Applicant does not meet all the requirements of this By-law or any other By-law, or that the building, premises or place or part thereof in which the Business is carried on or intended to be carried on does not comply with the provisions of this By-law, or with any other law including provincial or federal law, or by-law, including any applicable zoning, building, and fire department requirements including fire code advisories issued and at time of application; or
(h) The Licensee has contravened any provision or
provisions of this By-law within any twelve-month period; or
(i) There are reasonable grounds to believe that the building, premises or place or part thereof in which the Business is carried on or intended to be carried on is dangerous or unsafe; or
(j) There are reasonable grounds to believe that the equipment, vehicles, and other personal property used or kept for hire in connection with the carrying on of or engaging in the Business is dangerous or unsafe; or
(k) The Applicant or Licensee has failed to comply with any condition or direction of the Licensing Officer or Inspector or failed to permit any investigation by the Licensing Officer or Inspector; or
(l) Adverse comment or comments have been received by the Licensing Officer from any City Department or any of the agencies to which the application, renewal or request was circulated; or
(m) The Applicant fails or refuses to comply with any requirement set out in the By-law to obtain or maintain or renew a Licence issued under this By-law; or
(n) The past or present conduct of the Applicant, or of any partner, in the case of an Applicant which is a partnership, or of any director or officer, employees or agents of the corporation, if the Applicant is a corporation, affords reasonable grounds for the belief that the Applicant will not carry on the activity for which he or she is to be licenced or to continue to be licenced, in accordance with law and with integrity and honesty; or
(o) The
Applicant or Licensee has been convicted of a criminal offence during the
preceding five years; or
(p) The
Applicant or Licensee has been convicted of an indictable offence under any
Statute of Canada, including but not limited to the Criminal Code of Canada, the
Narcotic Control Act, the Food and Drug Act, and
the Controlled Drug and Substances Act during the preceding five years;
or
(q)
The Licensing
Officer becomes aware of any fact or facts, which, if known at the time of the
application for the Licence, may have resulted in the Licensing Officer refusing
or revoking the Licence; or
(r) The issuance of the Licence or renewal of the Licence would be contrary to the public interest.
PART
10
POWER TO REFUSE TO ISSUE OR RENEW
A LICENCE OR REVOKE OR SUSPEND A LICENCE
10.1 The Licensing Officer may refuse to issue a Licence, refuse to renew a Licence or may revoke or suspend a Licence or impose terms and conditions on a Licence.
10.2 Before the Licensing Officer
refuses to either issue or to renew a Licence, or cancels, revokes or suspends a
Licence, or imposes terms and conditions, written notice shall be given to the
Applicant or Licensee by the Licensing Officer, advising the Applicant or
Licensee of the recommendation.
10.3 The written notice of recommendation to be given under subsection 10(2), shall:
(a) set out the grounds for the recommendation;
(b) give reasonable particulars of the grounds;
(c) be signed by the Licensing Officer; and
(d) state that the Applicant or Licensee is entitled to a hearing by the Licensing Committee if the Applicant or Licensee delivers to the Clerk, within seven (7) days after the Notice is served, a notice in writing requesting a hearing by the Licensing Committee and the appeal fee as set out in Schedule “A” of this By-law.
10.4 Where no appeal is registered within the required time period, the recommendation of the Licensing Officer is final.
10.5 The City Clerk, upon receipt of a written request from the Applicant or Licensee within the time limit specified in this Part, shall schedule a hearing before the Licensing Committee and send written notice of the hearing to the parties, which notice may be personally delivered, sent via facsimile, by email or sent by regular or registered mail, to the address in the application unless the request for a hearing specifies a different address.
11.1 Sections 5 to 15 and 21 to 24
of the Statutory Powers Procedure Act shall apply to all hearings
conducted by the Licensing Committee.
11.2 The Licensing Committee shall be composed of three members of the Council’s Community Development Committee, appointed by the Community Development Committee.
11.3 When the Applicant or Licensee who has been given written notice of the hearing does not attend at the appointed time and place, the Licensing Committee may proceed with the hearing in his or her absence and the Applicant or Licensee shall not be entitled to any further notice of the proceedings.
11.4 At the conclusion of a hearing the Licensing Committee shall as soon as practicable, submit a written report on the hearing to Council and the report shall:
(a) Summarize the evidence and the arguments presented by the parties to the hearing;
(b) Set out the findings of fact and the recommendations made by the Licensing Committee; and
(c) Set out the reasons for the recommendation.
COUNCIL AFTER THE HEARING
11.5 Council may uphold or vary the recommendation of the Licensing Committee or do any act or make any decision that it might have done had it conducted the hearing itself and the Applicant or Licensee shall not be entitled to a further hearing on the matter before Council and the decision of Council shall be final.
PART 12 RETURN OF THE LICENCE AFTER REVOCATION OR SUSPENSION
12.1 When a Licence has been
revoked, deemed unrenewable, cancelled or suspended, the holder of the Licence
shall return the Licence to the Licensing Office within twenty-four (24) hours
of service of written notice of the decision of Council and, the Licensing
Officer, may enter upon the business Premises of the Licensee for the purpose of
receiving, taking, or removing the said Licence.
12.2 When a person has had his or her Licence revoked or suspended under this by-law that person shall not refuse to deliver up or in any way obstruct or prevent the Licence Officer from obtaining the Licence in accordance with subsection 12.1.
13.1 Where a Licensee contravenes any provision of this By-law, or its Schedules the Inspector may:
(a) Serve a written notice on the Licensee, setting out reasonable particulars as to identify the contravention, the location of the premises and directing compliance and the date by which compliance must be achieved; or
(b) Direct in a written order setting out reasonable particulars as to identify the contravention and the location of the premises and directing that a thing or matter is required to be done and the date by which the thing or matter must be done and in default of such matter or thing being done, the matter or thing will be done at the Licensee’s expense by the City and the City will recover the expense by action or in like manner as municipal taxes.
14.1 A Licence is required for the following:
(a) Automotive Establishments
Motor Vehicle Repair Garage (Includes Auto Body Shops)
Motor Vehicle Dealership (Includes Used Car Dealers)
Storage of Motor Vehicles
(b) Convenience Stores
Class A – Sale of Foodstuff/Sale of Tobacco
Class B – Sale of Foodstuff/Sale of Tobacco/Lunch Counter
(c) Personal Services
Acupuncture
Aesthetics
Barber/Hairdresser
Ear Piercing
Electrolysis
Nail Salons
Tattoo/Body Piercing
(d) Public Assembly
Billiard/Pool/Bowling/Pinball/Electronic Game Machine Establishments/
Theatres
Night Club
Public Halls/Banquet Halls
Restaurants, Take-Out Restaurants and Lunch Counters
(e) Transient Trader
Day Sales
Seasonal Sales (Christmas Trees)
Door to Door/Sales Person
Antique/Collectable/Auction Show
Craft Show
Trade Show
Flea Market
(f) Refreshment Vehicle
Refreshment Vehicle – Class A, B and C
(g) Miscellaneous
Carnivals
Festivals
Newspaper Distribution Boxes
Sale of Fireworks
Sale of Foodstuffs/Catering
Sale of Tobacco
Sale of Adult Magazines
Salvage Yards
Tourist Trailer Camp
Pawnbroker
15.1 A Licence is valid only in respect of the Person and the premises named in the Licence. No Licence may be sold, transferred, encumbered, leased or loaned or in other way assigned or dealt with.
PART 16 NOTIFICATION OF CHANGE OF INFORMATION
16.1 A Licensee shall carry on
Business in the City in the name, which is set out on the Licence and shall not
carry on Business in the City in any other name.
16.2 When a Licensee changes his or her name or address or any information relating to the Licence, that person shall notify the Licensing Office within two (2) business days of the change of address or any other information relating to the Licence and shall return the Licence immediately to the Licensing Office for amendment.
16.3 When there is a change of ownership or location for a business the licensee is required to complete an application for a new licence including submission of all documentation required for a new Licence as outlined in this by-law and pay the licence fee as outlined in Schedule ‘A’ to this by-law.
16.4 When the Licensee is a Corporation, and there is any change in the following information given on the application namely: the names and addresses of officers and directors, the location of the corporate head office, change of ownership of shares, the Licensee shall report the change to the Licensing Office within seven (7) days of the change, and if necessary, the Licence shall be returned immediately to the Licensing Office for amendment.
16.5 A Licensee shall not alter, erase or modify or permit such alteration, erasure or modifications of their Licence or part thereof unless approved by the Licensing Officer.
16.6 Requests for change of information shall be accompanied by the appropriate fee as set out in Schedule ‘A’ of this Business By-law
PART 17 DISPLAY OF
LICENCE
17.1 Every Owner and Operator
shall prominently display their Licences at the licensed premises at all times
and shall produce the Licence upon request by the Licensing Officer or an
Inspector.
PART 18
NOTICE
18.1 Any notice required by this By-Law to be given to the Applicant or Licensee maybe given, unless otherwise provided in this By-law:
(a) By mailing a copy of the notice by prepaid ordinary mail post addressed to the address of the Applicant or Licensee, as the case may be, listed on the most recent application for a Licence or,
(b) By delivering a copy of the notice personally to the Applicant or
Licensee; or
(c) By leaving a copy of the notice at the address of the Applicant or the Licensee as listed on the most recent application for a Licence; or
(d) By leaving a copy of the notice at the business address of the Applicant or Licensee.
18.2 Notice of renewal provided through the mail is a discretionary service and not a requirement under this By-Law.
18.3 Any renewal notice provided as a service by prepaid ordinary mail shall be deemed to have been received by the Applicant or Licensee on the fifth day following mailing.
18.4 It is the responsibility of the Applicant or Licensee to renew on or before the expiry date outlined on the Business Licence.
19.1 The City is exempt from the provisions of this By-law.
19.2 Notwithstanding any other provisions of this By-law, any Carnival and any vendor selling products or merchandise at special events only and not at any other location within the City and who is operating under the “City of Burlington Special Events Policy” shall be exempt from the requirement to obtain a Licence under the provisions of this By-law.
20.1 Every Person who contravenes any provision of this By-law and every director or officer of a corporation who knowingly concurs in such contravention by the corporation is guilty of an offence and upon conviction is liable to a fine not exceeding $25,000.
20.2 Where a corporation is convicted of an offence under 19.1 the corporation is liable to a fine not exceeding $50,000 and not as provided therein.
21.1 If a Court of competent jurisdiction declares any section or part of this By-law invalid, it is the intention of Council that the remainder of the By-law shall continue in force.
21.2 All schedules and parts referred to in this By-law and attached to this By-law shall be deemed to be part of the By-law.
22.1 This By-law is known as “the Business Licence By-law”.
22.2 The provisions of the Interpretation Act, R.S.O. 1990, c. I. 11, shall apply to this By-law as required.
22.3 If what is known as “Daylight Savings Time” has been generally adopted by the City for any period of the year under any statute, Order-in-Council, by-law, resolution, proclamations, whether the same is effective in law or not; such time shall be held to be the time referred to during such period in any reference to time in this By-law.
22.3 In this By-law, unless the context otherwise requires, words importing the singular number shall include the plural, and words importing the masculine gender shall include the feminine.
23.1 That this by-law come into full force and effect on July 1, 2008 and apply to all new Licences applied for after July 1, 2008 and all Licences with a renewal date of July 1, 2008 or later.
23.2 Parts 25 through 30 and Parts 34 to 44 of City of Burlington By-law Number 102-2002 and all amendments thereto are hereby repealed and replaced with this By-law.
23.3 By-law Number 54-1985 (Newspaper Boxes) and 17-1991 (Schedule of Fees for Placement of Newspaper Boxes) are hereby repealed and replaced with this by-law.
23.4 Notwithstanding section 23.1, any Licence issued under By-law No. 102-2002 shall be deemed to be a Licence under this By-law until the Licence expires and is renewed under this By-law or is revoked in accordance with the provisions of this By-law.
CONDITIONS:
24.1 Every Owner and Operator who provides Adult Magazines in any premises or part thereof or who operates such premises or part thereof, shall comply with the following regulations in respect of such premises or part thereof:
(a) No Adult Magazine shall be displayed at a height of less than 1.5 m above floor level unless such magazine is in a part of the premises to which the public is not permitted physical access or such magazine is behind a sales counter unexposed to view.
(b) All Adult Magazines offered for sale or displayed in such premises or part thereof shall be placed behind an opaque barrier of a size and nature which shall ensure that the cover of every such magazine, while being so displayed, except for the name thereof, may not be seen by any member of the public.
(c) No Adult Magazine shall be offered for sale, sold, given, rented or exchanged to persons who are not at least eighteen (18) years of age.
24.2 (a) Any premises to which any Person under the age of eighteen years is not permitted to enter or remain shall not be subject to 23.3 (a) and (b) of this By-law.
(b) Every Operator who provides adult magazines and restricts access to the premises to persons eighteen (18) years of age or older shall keep posted at every entrance to such premises and in a prominent location inside such premises, signs sufficient to indicate clearly to any Person approaching or entering the premises and to every Person in the premises that no Person under the age of eighteen (18) years is permitted to enter or remain in such premises or part thereof.
(c) Every Operator who provides Adult Magazines and restricts access to persons eighteen (18) years of age or older shall ensure that no Adult Magazines are displayed in such a fashion as to be visible to any person outside of the premises.
(d) No retail establishment shall sell, give, rent or exchange Adult Magazines as its primary use.
CONDITIONS:
25.1 No Motor Vehicle Dealership, Motor Vehicle Repair Garage or Motor Vehicle Storage Facility shall become a nuisance with respect to noise, odours or vehicular movement.
25.2 No person shall park or store or permit to be parked or stored any Motor Vehicle on any highway or road on which the licenced premises abuts.
25.3 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
PART 26
BILLIARD/POOL/BOWLING/PINBALL/ELECTRONIC GAME MACHINE ESTABLISHMENTS and
THEATRES
REQUIREMENTS:
26.1 Every application for a new Licence to Own or Operate such an establishment and in accordance with this Part shall be accompanied by:
(a) An inspection letter dated within the last 90 days, issued and signed by the Medical Officer of Health or designate confirming that all necessary inspections have been completed and the Business is in compliance with the requirements of the Region of Halton Health Department.
(b) A written description of the square footage of the Billiard/Pool Hall, Pool Hall, Bowling or Pinball or Electronic Game Machine Establishment or Theatre.
CONDITIONS:
26.2 Every person who owns or operates a Pinball or Electronic Game Machine, Billiard/Pool Hall, Bowling or Theatre Establishment shall comply with the following additional regulations:
(a) Ensure that an adequate and accessible supply of containers with self-closing covers are provided and conveniently placed for the deposit of waste and that the contents of every such container is emptied and disposed of on a daily basis or more often if required.
(b) Keep one responsible adult attendant over the age of nineteen (19) years on the licenced premises for the purpose of supervising and overseeing the licenced premises when the premises are open to the public; such duties shall include but not be limited to the following:
(i) Not permit any person to loiter, create a disturbance or cause undue noise while on the Licenced premises.
(ii) Not permit any person or persons to cause an impediment or obstruction to general pedestrian movement.
(iii) Prevent the breach of any law whether Federal, Provincial or Municipal.
(iv) Not permit any person to remain on the premises who appears to be intoxicated or has in his possession any illicit drug or alcoholic beverage.
(c) In addition to the attendants, the Owner and Operator are also responsible for compliance with the paragraphs (b) (i), (ii) (iii) and (iv) above.
(d) Ensure that the Licenced premises are sufficiently illuminated so as not to impede or restrict the observation and supervision of the premises and its occupants and so as to provide for the safe use of and exit from the premises.
(e) The
provision of Part 26 of this By-law also applies to this part if food is served
on the premises.
26.3 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
REQUIREMENTS:
27.1 Every application for a new Carnival Licence under this by-law in accordance with this part shall be accompanied by:
(a) A certified copy of the Commercial General Liability (CGL) insurance policy or a Certificate of Insurance issued by the insurer. If this insurance is cancelled or changed in any manner, for any reason, during the period of coverage as stated in the policy or Certificate of Insurance so as to affect the coverage, the Insurer(s) agree to give thirty (30) days written notice to the Municipal Licensing Division and shall obtain and maintain insurance coverage of not less than $2,000,000 against bodily injury and property damage resulting from any one occurrence during the term of this licence.
(b) A sketch of the property on which the Carnival is to be held showing the location of the Carnival on that property and its location relative to surrounding properties.
(c) Where the Carnival includes amusement devices:
(i) A list of all amusement devices to be operated at the proposed Carnival.
(ii) A copy of a valid and current licence to carry on business in
Ontario issued by the Technical Standard & Safety Authority, or its successor.
(iii) A copy of the Amusement Device Permit issued by the Technical Standards Safety Authority, or its successor for each ride.
CONDITIONS
27.2 No Carnival shall operate within 100 metres from the lot line of any residential property without the prior written consent of the occupants of the residential properties within that distance.
27.3 A Carnival Licence expires on the date of termination of the Carnival to which the Licence relates unless it is sooner forfeited or revoked.
27.4 A Carnival Licence shall not be issued for a period that exceeds seven (7) consecutive days.
27.5 A Carnival shall not be operated between the following hours:
(a) 11:00 pm through 10:00 am, unless otherwise permitted by Council.
27.6 No amusement device shall be operated as part of the Carnival licenced under this Part unless a valid and current Ontario Amusement Device Permit is provided as part of the application.
REQUIREMENTS:
28.1 No person shall:
(a) Hold, operate, or conduct a Festival within the limits of the Municipality unless such Person has, at least thirty (30) days prior to the start date of the Festival, complied with all the provisions of this By-law and obtained a Licence from the City.
(b) Permit any land or building owned by that person to be used for a Festival unless a Licence has been issued in accordance with the terms of this By-law.
(c) Permit any person to provide and no person shall provide any activity, facility, performance, exhibition, view or contest unless such person is wearing clean, non-transparent clothing covering their breasts, pelvic area, pubic area and buttocks.
28.2 An application for a Festival Licence shall be accompanied by the following:
(a) A letter from the Halton Regional Police Chief or designate indicating that adequate police protection will be provided for the Festival.
(b) An irrevocable letter of credit satisfactory to the City’s Treasurer in an amount satisfactory to the City’s Treasurer to be used by the City for any damage to public property or clean up of public property.
(c) An undertaking signed by the Applicant, Owner or Operator of the Festival and the owner of the land or buildings, that the land and buildings will be put back to their original condition or to the satisfaction of the Licensing Officer after the Festival.
(d) A certified
copy of the Commercial General Liability (CGL) insurance policy or a Certificate
of Insurance issued by the insurer.
If this insurance is cancelled or changed in any manner, for any reason,
during the period of coverage as stated in the policy or Certificate of
Insurance so as to affect the coverage, the Insurer(s) agree to give thirty (30)
days written notice to the Municipal Licensing Division and shall obtain and
maintain insurance coverage of not less than $2,000,000 against bodily injury
and property damage resulting from any one occurrence during the term of this
Licence.
(e) A plan showing the provision of sanitary and lavatory facilities as well as drainage and water facilities, together with a certificate from the Medical Officer of Health for the Regional Municipality of Halton, approving the plan and also certifying that all matters under his jurisdiction have been satisfied; this plan must also meet the satisfaction of the City.
(f) A consent signed by the Applicant, the Owner or Operator of the Festival and the owner of the land or buildings, and any other Person deemed necessary by the Licensing Officer to permit the police, any peace officer, any sheriff and any provincial offence officer, and by-law enforcement officer or any person authorized by the Licensing Officer, to attend the Festival, without charge, for the purpose of making sure this By-law is being complied with and that the public interest and public peace are being maintained.
CONDITIONS:
28.3 No Business shall commence
operation until the Licensing Officer has received an approval from the Medical
Officer of Health or designate that all necessary inspections have been
completed and the business is in compliance with the requirements of the Halton
Region Health Department.
28.4 Inspection of the Business premises and enforcement of the Festival will be the responsibility of the Medical Officer of Health or designate.
28.5 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
PART 29 SALE OF
FIREWORKS
29.1 The Applicant for the sale of
Fireworks from a trailer and/or Vehicle location shall provide the Licensing
Officer with a site plan, indicating the its location relative to buildings,
designated parking location, driveway isle, property lines and Highways and
Sidewalks.
29.2 A completed application for the sale of Fireworks Licence, shall be delivered to the Licensing Officer and shall be accompanied by:
a) A
certified copy of the Commercial General Liability (CGL) insurance policy or a
Certificate of Insurance issued by the insurer. If this insurance is cancelled or
changed in any manner, for any reason, during the period of coverage as stated
in the policy or Certificate of Insurance so as to affect the coverage, the
Insurer(s) agree to give thirty (30) days written notice to the Municipal
Licensing Division and shall obtain and maintain insurance coverage of not less
than $2,000,000 against bodily injury and property damage resulting from any one
occurrence during the term of this Licence.
(b) A letter from the owner of the property where the Sale of Fireworks will commence providing written permission to allow the Sale of Fireworks on the premises.
CONDITIONS
29.3 The Applicant shall insure that the City of Burlington Fireworks By-law as amended shall be complied with at all times.
29.4 Smoking is absolutely prohibited and prominent no-smoking signage shall be posted in conspicuous locations by the Licensee.
29.5 When trailers and/or vehicles are used for the sale of fireworks they must be situated at a safe distance from vulnerable features such as dwellings, stores, occupied buildings, gas stations, roads, railway, and adjacent designated parking areas including any “public area”. A minimum spatial distance of 20 metres to any of these site features is to be maintained around each trailer and vehicle location.
29.6 Any potential sources
of ignition such as portable generators, motor vehicles, smoking etc. shall be
prohibited within the 20 metre perimeter.
REQUIREMENTS:
30.1 Every application for a new
Licence to Own or Operate a Sale of Foodstuffs Business under this By-Law and in
accordance with this Part shall be accompanied by an inspection letter dated
within the last 90 days, issued and signed by the Medical Officer of Health or
designate confirming that all necessary inspections have been completed and the
Business is in compliance with the requirements of the Region of Halton Health
Department.
CONDITIONS:
30.2 Inspection of the Business premises and enforcement of the sale of Foodstuffs Licence will be the responsibility of the Medical Officer of Health or designate.
30.3 No sanitary convenience shall have direct access to any room in which any food is prepared or stored.
30.4 No Food Service Premises shall be used as a sleeping place.
30.5 Any Person operating a Foodstuffs Business shall take suitable precautions to prevent infestation of the premises by rodents, insects, dust and fumes.
30.6 Any Foodstuffs Business shall be provided with a supply of potable water adequate to efficient operation, the quality of which is satisfactory to the Medical Officer of Health.
30.7 Suitable and sufficient bandages, dressings and antiseptic for first aid treatment shall be provided and maintained in all food premises, in a readily accessible position.
30.8 Except where adequate
provision is made elsewhere than in a Food Service Premises suitable and
sufficient cupboard or locker accommodation shall be provided and maintained in
all food premises for the clothing and footwear not worn during working hours of
all persons engaged in the handling of food.
30.9
Suitable storage facilities and garbage containers shall be
provided for refuse from Foodstuffs Business and the refuse shall be removed as
often as reasonably necessary.
30.10
Licensee to comply with the Fire Code Advisory Notice provided at
time of application.
REQUIREMENTS
31.1 No Person shall commence installing Newspaper Distribution Boxes without first obtaining a Licence from the Licensing Officer to do so.
31.2 An application to install one or more Newspaper Distribution Boxes on any portion of any highway under the jurisdiction of the City or on lands owned by the City, shall be accompanied by the following:
(a) Name and address of the Applicant along with if a corporation a copy of pertinent Articles of Incorporation and/or Master Business Licence.
(b) An inventory of approved locations by alphabetical street name approved by the City, a statement showing the number of Newspaper Distribution Box locations.
(c) An undertaking, in a form acceptable to the Director, agreeing to provide $2,000,000.00 public liability insurance in the joint name of the Applicant and the City.
(d) Any other document or information as may be required by the Licence Officer or in any other part of this By-law.
CONDITIONS
31.3 In determining whether to issue a licence to
allow the placement of a Newspaper Distribution Box on any Highway, the Licence Officer shall
consider location, site feasibility, site preparation and maintenance
criteria.
31.4 Every permit holder shall follow the location
criteria set out herein:
(a) No Newspaper Distribution Box shall be placed:
(i) In such a manner as to obstruct or interfere with pedestrian traffic
(ii) On a Sidewalk having a width of two metres or less
(ii) At a bus stop in such a manner as to obstruct or interfere with passenger movements
(iii) In any location that obstructs or interferes with vehicular traffic
(iv) Within 10 metres of any fire hydrant
(v) Within 50 metres of any detached residential dwelling
(vi) Within 75 metres of a variety store or similar establishment where newspapers are on sale, and
(vii) Within 20 metre of any street intersection.
31.5 A Licensee shall be responsible for the
following conditions:
(a) Every Newspaper Distribution Box shall be installed and located at the expense of the Licensee.
(b) Every
Licensee shall indemnify & hold harmless the City, and its directors,
officers, employees, agents, elected officials, contractors and assigns
from and against all actions, suits,
claims and demands which may be brought against the City arising out of the
location or disposition of a Newspaper Distribution Box.
(c) The Licence
shall not be transferred or assigned and such Licence shall immediately
terminate in the event that the licensee ceases to be the owner of the
Newspaper Distribution Box for
which the Licence is issued.
(d) Nothing in
this By-law shall be construed as giving to the Licensee anything more than
permission to install and maintain a Newspaper Distribution Box in accordance with the terms of this By-law
and until such time as notice may be given to the Licensee to remove the
box.
(e) Every
Licensee shall remove any box upon receiving written notice to do so, and shall
replace & restore the Highway to a safe & proper
condition.
(f)
Notwithstanding all placement or location criteria, if in the opinion of
the City, a Newspaper Distribution Box placement adversely affects pedestrian or
vehicular traffic flow, the box shall be removed by the Licensee immediately
upon receiving notification from the City.
(g) In the
event a Licensee fails to remove any Newspaper Distribution Box upon receiving written notice to do so, the
City may require the removal of the box at the Licensee's
expense.
(h) In the event a Licensee fails to restore the Highway to a safe & proper condition within five (5) days of receiving written notice under paragraph (f), the City may undertake such restoration at the Licensee's expense.
(i) A
Licensee required to remove Newspaper Distribution Boxes pursuant to the provisions of this by-law,
shall make no claims against the City on account of such
removal.
(j)
Newspaper Distribution Boxes shall not be chained or fastened to any
utility apparatus, including, but no limited to signal, street light, hydro or
telephone poles, signposts, parking meters, bus shelters, telephone booths, post
boxes, City benches or trees.
(k) Newspaper
Distribution Boxes may be
chained or fastened to objects other than those described in paragraph k) herein
provided the Licencee first receives approval from the Director.
(l) In
the event that the City, any public or private utility company or the Regional
Municipality of Halton must remove any box for the purpose of making repairs
to, maintaining or constructing additional
services, the Licensee shall reimburse the City, the Utility Company or the
Regional Municipality of Halton, as the case may be, for the additional costs,
if any, incurred by reason of the placement of the Newspaper Distribution
Box.
(m) The Licensee shall maintain all Newspaper Distribution Boxes in proper and orderly manner and shall keep the said boxes in a good state of repair and in good working order.
31.6 Following the revocation of any licence pursuant to this by-law, the Licencee shall forthwith remove all Newspaper Distribution Boxes referred to in the Licence, which has been revoked.
31.7 In the event the Licencee refuses to remove or relocate newspaper-vending boxes as directed by the Licence Officer shall be authorized to remove the said boxes at the Licensee’s expense.
31.8 The Licence fee is non-refundable for any boxes removed at any given time throughout the year.
REQUIREMENTS
32.1 Every application for a new Licence to Own or Operate a Night Club under this By-Law and in accordance with this Part shall be accompanied by:
(a) An inspection letter dated within the last 90 days, issued and signed by the Medical Officer of Health or designate confirming that all necessary inspections have been completed and the business is in compliance with the requirements of the Region of Halton Health Department.
(b) A written description of the square footage of the Night Club.
(c) A copy of the Liquor Licence for the premises issued by the Alcohol and Gaming Commission of Ontario.
CONDITIONS
32.2 Every Licensee under this Part shall:
(a) Ensure that areas directly adjacent to the premises are kept clean and free of refuse, including but not limited to, litter, debris, waste paper and cigarette butts; and
(b) Provide sufficient number of containers for the deposit of refuse, including but not limited to litter, debris, waste paper and cigarette butts.
32.3 Every owner and operator of a Night Club shall provide the name and contact information for persons of authority at the establishment and that at least one designated person of authority must be available at all times when the Business is open and operating.
32.4 Every Owner and Operator shall obtain and maintain a Commercial General Liability policy of insurance during the term of this licence that:
(a) Includes coverage for bodily injury, property damage and host liquor liability of not less than $2,000,000 per occurrence.
(b) If this insurance is cancelled or changed in any manner, for any reason, during the period of coverage as stated in the policy or Certificate of Insurance so as to affect the coverage, the Insurer agrees to give thirty (30) days written notice to the Licensing Office.
(c) Licensee must provide a certified copy of the policy, or a Certificate of Insurance issued by the insurer to be delivered to the Licensing Office prior to the issuance or renewal of a Business Licence.
32.5 Every Licensee of a Night Club shall provide for security staff and:
(a) Security staff must wear at all times a name-tag or other identification plainly visible to patrons and all others on the premises and wear clothing that easily identifies them as staff of the particular establishment.
(b) Bartenders and wait staff are not counted as security staff.
(c) All security staff must be trained on and familiar with their designated responsibilities denoted in the approved fire safety plan for the facility.
32.6 The Halton Regional Police Services may impose the use of Police Staff to ensure the safety of the patrons at the expense of the Licensee.
32.7 The following restrictions apply to the sale or lease of a nightclub:
(a) No Owner’s Licence is transferable and if the Owner sells, leases or otherwise disposes of the Night Club the new Owner must make application to the Licensing Office immediately upon the sale of the Business.
(b) The Licensing Officer, may issue a new Licence to the purchaser, lessee or other person obtaining an interest in a Night Club on the premises or part thereof upon or in which a Night Club has been operated subject also to the following conditions:
(i) That the new Applicant qualifies under all of the other provisions of this By-law, and complies with all of the requirements of this By-law relating to the Applicant.
(ii) That the
new Applicant files with the Licensing Officer, the documents relating to
ownership and to the right to possess or occupy the Night Club.
(iii) That the Applicant and the vendor file with the Licensing Officer, an executed copy of a written agreement between the parties in respect of such Night Club or premises.
(iv) That the agreement contains a statutory declaration, by both the parties and a further statutory declaration by the solicitor for the purchaser.
(c) Upon the
sale, lease or other disposition of a Night Club, every Operator’s Licence
issued in respect of such Night Club shall terminate, and the Licensing Officer
may, subject to the provisions of this By-law, permit the purchaser, lessee or
other person obtaining an interest in such Night Club to operate the Night Club
by an endorsement to that effect upon an Owner’s licence issued to him or her or
may issue a new Operator’s licence to any person previously licenced as an
Operator in respect of such Night Club.
(d) The
provisions of Part 37 of this By-law also apply to this Part if food is served
on the premises.
32.8 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
33.1 No Person may be a Pawnbroker or operate a premise except in accordance with the following regulations:
(a) No Person may receive goods from any person who is under the age of eighteen (18) years or from any person who appears to be under the influence of alcohol or illegal drugs.
(b) In circumstances where a Seller refuses to provide identification as required in this By-law, or where identifying features of the goods presented by a Seller have been removed or obliterated, or in other circumstances which might lead to the inference that the goods have been stolen, the Pawnbroker shall not purchase such goods, shall attempt to ascertain the identify of the Seller and shall contact the Halton Regional Police Service as soon as is practicable to report such circumstances.
(c) All other requirements the Pawnbrokers Act, R.S.O. 1990 c. P.6 required by this By-law.
33.2 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
33.3 Every Person applying for a Pawnbroker’s Licence shall provide to the City as security, in a form satisfactory to the City’s Treasurer the sum of $2,000 as required by section 6 of the Pawnbrokers Act, before a Licence will be issued.
33.4 No Pawnbroker may receive any goods from a Seller without first obtaining identification.
33.5 For the purpose of identifying the Seller, the Pawnbroker must be presented by the Seller with at least two (2) pieces of identification and at least one piece of identification must be listed below and must be integrated with a photograph of the Seller:
(a) A valid driver’s licence.
(b) A passport issued by the government of origin.
(c) A Birth Certificate.
(d) A Certificate of Indian Status issued by the Government of Canada.
(e) A Certificate of Canadian Citizenship issued by the Government of Canada.
33.6 Where goods are obtained by a Pawnbroker from a garage sale, the Pawnbroker shall record the address of the garage sale.
33.7 Where goods are obtained by a Pawnbroker from an auction, the Pawnbroker shall record the name and address of the auctioneer and, where such information is available, the name and address of the former owner of the goods being auctioned.
Transaction
Records
33.8 No Pawnbroker may receive any
goods without first maintaining a legible record of the following
information:
(a) The day, month, year and time of the transaction.
(b) The full name, sex, date of birth, address and approximate height and weight of the Seller.
(c) The full particulars of both pieces of the Seller’s identification required to be presented pursuant to this By-law.
(d) A detailed description of each of the goods that is reasonably sufficient to identify it, including make, model, serial numbers, markings or other identifying features as applicable.
(e) The price paid by the Pawnbroker or the value of goods exchanged for the goods.
(f) The name of the employee who conducted the transaction.
33.9 In circumstances where the goods consist of a number of related or similar materials in the nature of a collection, the Pawnbroker shall record the exact number of articles received and any identifying features of such goods. In circumstances where more than ten (10) such related or similar goods are received, the exact number of articles received shall be recorded and the identifying features of the ten (10) most valuable articles in the collection shall be recorded.
33.10 Where more than twenty (20) goods are purchased by a Pawnbroker from any person as part of a single transaction, which goods do not consist of a number or collection of related or similar materials, notwithstanding the provisions of subsection 39.9, a Pawnbroker shall not be required to record a detailed description of each of the goods for which was paid less than ten ($10.00) and shall not be required to record a detailed description of each good that is offered by the Pawnbroker for re-sale at less than thirty ($30.00) dollars.
33.11 If a Pawnbroker obtains an independent appraisal of value relating to any goods, the Pawnbroker shall retain a copy of the appraisal for not less than thirty (30) days after the appraised goods are re-sold.
33.12 In circumstances where a police officer suspects that specified goods were stolen, the police officer shall be entitled, as a condition of the Pawnbroker’s Licence, upon providing a receipt therefore, to remove such goods for the purpose of criminal investigation, provided such goods are either returned within sixty (60) days or further retained by means of a Court Order.
REQUIREMENTS:
34.1 Every application for a new Licence to own or operate a Personal Service Business under this By-Law and in accordance with this Part shall be accompanied by an inspection letter dated within the last 90 days, issued and signed by the Medical Officer of Health or designate confirming that all necessary inspections have been completed and the Business is in compliance with the Personal Services Settings Protocol provided by the Region of Halton Health Department.
CONDITIONS:
34.2 Every person who carries on a Personal Services Business shall comply with the Personal Services Settings Protocol under the Infection Control Program of the Mandatory Health Programs and Services Guidelines, January 1998, published by the Minister of Health as authorized by the Health Protection and Promotion Act, R.S.O 1990, as amended and the requirements of the Medical Officer of Health and the Personal Services Settings Protocol provided by the Region of Halton Health Department.
34.3 Every person who carries on a Personal Services Business shall comply with the Fire Code Advisory Notice provided at time of application.
34.4 Inspection of the Business premises and enforcement of the Personal Services Business will be the responsibility of the Medical Officer of Health or designate, in addition to the Licensing Officer or Inspector.
REQUIREMENTS:
35.1 Every application for a new Licence to own or operate a Public Hall/Banquet Hall under this By-Law and in accordance with this schedule shall be accompanied by:
(a) An inspection letter dated within the last 90 days, issued and signed by the Medical Officer of Health or designate confirming that all necessary inspections have been completed and the business is in compliance with the requirements of the Region of Halton Health Department.
(b) A written description of the square footage of the Public Hall/Banquet Hall.
CONDITIONS:
35.2 No licence fee shall be payable under this Part by any religious organization, where they do not receive any remuneration for the use of their Public Hall/Banquet Hall.
35.3 No licence fee shall be payable under this Part by any Municipal, Provincial or Federal government, University, Public School, Separate School or Boards of Education in respect to the use of their Public Hall/Banquet Hall.
REQUIREMENTS
36.1 A Person who is the Owner of more than one Refreshment Vehicle shall take out a separate Licence for each Refreshment Vehicle owned, which is to be used in the Municipality.
36.2 Every Refreshment Vehicle equipped with propane shall also be equipped with a fire extinguisher having a minimum 2A/10BC rating and shall be tagged confirming annual maintenance and required monthly checks.
36.3 Every Owner and Operator shall obtain and maintain a Commercial General Liability policy of insurance during the term of this Licence that:
(a) Includes coverage for bodily injury, property damage and liability of not less than $2,000,000 per occurrence.
(b) If this insurance is cancelled or changed in any manner, for any reason, during the period of coverage as stated in the policy or Certificate of Insurance so as to affect the coverage, the Insurer agrees to give thirty (30) days written notice to the Licensing Office.
(c) Licensee must provide a certified copy of the policy, or a Certificate of Insurance issued by the insurer to be delivered to the Licensing Office prior to the issuance or renewal of a Business Licence.
36.4 No Every application for a new Licence to Own or Operate a Refreshment Vehicle under this by-law shall be accompanied by:
(a) A signed certificate of approval from the Medical Officer of Health confirming that all necessary inspections have been completed and the business is in compliance with the requirements of the Region of Halton Health Department. The certificate shall be dated within 90 days of the date of application of a Licence under this by-law.
CONDITIONS
36.5 Every Owner/Operator or Person carrying on Business for which a Licence is required for a Refreshment Vehicle shall not solicit, advertise, offer to sell, or actually conduct business on City or Regional property, including parks, highways and sidewalks. This Part shall not apply to any Person who has the written consent of the City or Region to offer or sell any refreshments in a park or on City or Regional property for a specific event or period of time. The exemption shall be specifically for the event or the period of time as determined in the agreement between the City or Region and the Owner or Operator.
36.6 Every Refreshment Vehicle shall be equipped with an unfilled litter basket or refuse container, which is readily accessible to persons making purchases.
36.7 Every Refreshment Vehicle Owner and Operator shall ensure that every Refreshment Vehicle has in a conspicuous place on both sides of the refreshment vehicle in a colour contrasting the colour of the vehicle registered name, address and phone number of the owner. Such letters shall be not less than 10 cm in height.
36.8 Where the Owner disposes of the Refreshment Vehicle for which a metal Licence Plate has been issued under this By-law, the Owner’s Plate shall be removed from the Vehicle prior to the sale of the Refreshment Vehicle.
36.9 An Applicant of a Refreshment Vehicle shall be required to visibly affix current City licence plates at all times.
36.10 All
signs must comply with the City’s Sign By-law as amended.
Class
A
Refreshment
REQUIREMENTS:
36.11 Every application for a Licence to own or operate a Refreshment Vehicle under this by-law in accordance with this part shall be accompanied by:
(a) A copy of ownership for each motorized vehicle.
(b) A copy of their valid Province of Ontario Driver’s Licence if vehicle is motorized.
(c) An Inspection Certificate of the Mobile Food Service Equipment by a Technical Standards & Safety Authority certified gas technician indicating equipment is safe for use. The documentation must be dated within the last fifteen (15) days prior to the date of Refreshment Vehicle application/renewal.
(d) Drawings showing the location of the vehicle plus photographs showing all four sides of the vehicle. In addition, there shall be no alteration to the vehicle or the area around the vehicle without written City approval.
36.12 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
36.13 A separate Licence shall be obtained for each location from which the goods, wares or merchandise are sold, and a Class ‘A’, Refreshment Vehicle Licence will not be issued to one company or affiliated companies for more than three (3) locations at any given time.
Class
B
Refreshment Vehicle
36.14 Class B Refreshment Vehicles shall not operate before 8:00 AM or after 9:00 PM, unless authorized by the City.
36.15 All drivers/operators shall observe and obey the rules of the road and ensure that their vehicles are operated in a safe manner.
Class C
Refreshment Vehicle
REQUIREMENTS:
36.16 Every application for a Licence to Own or Operate a Class ‘C’ Refreshment Vehicle under this by-law and every renewal of the licence shall be accompanied by:
(a) A Safety Standard Certificate issued by Ministry of Transportation approved Motor Vehicle Inspection Station for each Motor Vehicle to be used.
(b) An Inspection Certificate of the Mobile Food Service Equipment by a Technical Standards & Safety Authority certified gas technician indicating equipment is safe for use. The documentation must be dated within the last fifteen (15) days prior to the date of Refreshment Vehicle application/renewal.
(c) A copy of their valid Province of Ontario Driver’s Licence if vehicle is motorized.
36.17 Every Refreshment Vehicle owner and operator of a motorized ice cream truck shall ensure that the Refreshment Vehicle has in a conspicuous place on the rear of the vehicle in a contrasting colour on the vehicle the words “Watch for Children”. Such letters shall be no less than 15 cm in height.
36.18 Every vehicle shall have a warning beeper device that is engaged when the vehicle’s transmission is placed in reverse gear.
REQUIREMENTS
37.1 Every application for a new Licence to own or operate a Restaurant, Take-Out Restaurant or Lunch Counter under this By-Law and in accordance with this Part shall be accompanied by:
(a) An inspection letter dated within the last 90 days, issued and signed by the Medical Officer of Health or designate confirming that all necessary inspections have been completed and the business is in compliance with the requirements of the Region of Halton Health Department.
(b) A written description of the square footage of the Restaurant, Take-out Restaurant and Lunch Counter.
CONDITIONS
37.2 No person licenced under this By-Law and Part to own or operate a Restaurant, Take-Out Restaurant or Lunch Counter shall use the services of a serving person who is not wearing clean clothing, which fully covers such person’s Specified Body Areas with opaque material.
37.3 No sanitary convenience shall have direct access to any room in which any food is prepared or stored.
37.4 No food room shall be used as a sleeping place.
37.5 Any Person operating a food business shall take suitable precautions to prevent infestation of the premises by rodents, insects, dust and fumes.
37.6 Any food business shall be provided with a supply of potable water adequate for efficient operation, the quality of which is satisfactory to the Medical Officer of Health.
37.7 Suitable and sufficient bandages, dressings and antiseptic for first aid treatment shall be provided and maintained in all food premises, in a readily accessible position.
37.8 Except where adequate provision is made elsewhere than in a food room, suitable and sufficient cupboard or locker accommodation shall be provided and maintained in all food premises for the clothing and footwear not worn during working hours of all persons engaged in the handling of food.
37.9 Suitable storage facilities and garbage containers shall be provided for refuse from any food Business and the refuse shall be removed as often as reasonably necessary.
37.10 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
CONDITIONS
38.1 A salvage shop or Salvage Yard owned or operated by a public authority is exempt from this Licensing By-law.
38.2 The Licence holder must maintain an up to date register of all Vehicles and vehicle parts brought to or kept at the Salvage Yard or salvage shop, which shall include the make, model and serial number of the item, the time and date of purchase, and name and address of the person from whom the item was purchased or otherwise acquired.
38.3 Every premise Licenced under this By-law shall be kept neat and clean and clear of rubbish. Metal (or other non-combustible) containers with self-closing covers shall be provided and conveniently placed for the deposit of waste and rubbish and the contents of such containers shall be emptied and disposed of immediately at the close of each day’s activities.
38.4 Licensee to comply with the Fire Code Advisory Notice provided at time of application.
REQUIREMENTS
39.1 Every application for a new Licence to own or operate a sale of Tobacco Business under this By-Law and in accordance with this Part shall be accompanied by an inspection letter dated within the last 90 days, issued and signed by the Medical Officer of Health or designate confirming that all necessary inspections have been completed and the Business is in compliance with the requirements of the Region of Halton Health Department.
CONDITIONS
39.2 It shall be a condition of every Licence that the Licensee, or employees of an establishment licensed to sell tobacco, is prohibited from selling any matches, lighters, novelty lighters etc. to any persons under the age of 19 years.
REQUIREMENTS
40.1 Every Applicant for a
Transient Trader’s Licence as part of the application for such Licence
shall:
a) Furnish a statement in writing containing a full description of the goods, wares or merchandise that the Transient Trader proposes to sell or offered for sale under the Licence.
b) Not offer goods, services or merchandise from privately owned lands without first receiving written approval from the owner of the property. Such written approval shall be submitted at the time of application for the Transient Trader Licence.
c) In addition sign a Standard Municipal Undertaking, where applicable which will include but is not limited to the following requirements:
(i) No trespassing on City property.
(ii) No illegal signage on City property.
(iii) No provision of permanent or tent-type structure on City property.
(iv) No selling or display of products other than what is indicated on the Business Licence.
CONDITIONS
40.2 A Licence issued under
Part 29 is only permission for the particulars supplied by the Applicant under
this Part, and any change in the classes or types of goods sold will require a
new or separate application.
40.3 Every A separate
Transient Trader Licence shall be obtained for each location from which the
goods, wares or merchandise are sold, and a Transient Trader Licence will not be
issued to one company or affiliated companies for more than three (3) locations
at any given time.
40.4 A Licence issued under this part shall expire in accordance with the time period outlined on the application.
40.5 The sale of goods, wares or merchandise shall not be conducted on a vacant property abutting a road or highway or other public right of way unless specifically permitted.
40.7 No Licence shall be required for hawking, peddling or selling goods, and wares or merchandise:
(a) To wholesale or retail dealers in similar goods, wares or merchandise; or
(b) If the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer or its agent or employee having written authority to do so, in the municipality in which the grower, producer or manufacturer resides; or
(c) If the goods, ware or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his or her own farm; or
(d) The sale of the stock of a bankrupt or an insolvent, within the meaning of any bankruptcy or insolvency legislation in force in Ontario, nor the sale of any stock damaged by reason of fire, which is being sold or disposed of within the municipality in which the business was being carried on at the time of the bankruptcy, insolvency or fire, so long as no goods, wares or merchandise are added to such stock.
40.8 Licensee to comply with the
Fire Code Advisory Notice provided at time of application.
41.1 (a) Every application for a new Licence to Own or Operate a Tourist or Trailer Camp under this By-Law and in accordance with this Part shall be accompanied by the following:
(i) An inspection letter dated within the last 90 days, issued and signed by the Medical Officer of Health or designate confirming that all necessary inspections have been completed and the business is in compliance with the requirements of the Region of Halton Health Department.
(ii) A key plan showing the location of the Tourist Camp or Trailer Camp, together with a legal description of these lands and such other information as may be requested by the Licensing Officer or other Department of the City.
(b) No person shall enlarge, expand or increase any Tourist Camp or Trailer Camp or Campsite without the consent of the City upon a further application under this by-law.
(c) No Licence shall be issued by the City until the City Solicitor has reviewed the application and any necessary agreements required by the City Solicitor have been completed, signed and registered against the land.
41.2 (a) Minimum Area
(i) Every Tourist Camp or Trailer Camp shall be no less than ten (10) hectares in gross area. Gross area means the total land holding of the owner or operator on which the Tourist Camp or Trailer Camp is situated.
(b) Minimum Recreational Area Requirement
(i) Every Tourist Camp or Trailer Camp shall set aside a minimum of ten per cent (10%) of the total gross area of the Tourist Camp or Trailer Camp as a common recreational area.
(c) Maximum Number of Campsites
(i) The maximum number of Campsites within the Tourist Camp or Trailer Camp shall be one hundred and fifty (150).
(d)
Density
(i) The operator of a Tourist Camp or Trailer Camp shall not allow the camping establishment to consist, at any time, of more Campsites than in the proportion of 53 Campsites for each net hectare of land at that time, suitable for accommodation of camping tents and camping vehicles. Net hectare shall exclude driveways, recreational and open space areas, service areas, service buildings and visitor parking areas.
(e) Campsite Lot Details
(i) Every Campsite shall have a minimum land area of one hundred and eighty-six (186) square metres. The average minimum Campsite lot frontage shall be ten (10) metres.
(f) Internal Roadway Width
(i) Each roadway in the Tourist Camp or Trailer Camp shall have a minimum surfaced width of five (5.0) metres.
(g) Internal Roadway Surface
(i) An Operator shall gravel all roadways and treat them with such treatment as is necessary to keep down excessive dust.
(ii) Where roadways are designated or used for City Fire Department access, they shall have sufficient base to support loads imposed by fire apparatus.
(h) Speed
Limit
(i) Speed of Vehicles within the confines of the Tourist Camp or Trailer Camp shall be limited to a maximum speed of twenty-five kilometres per hour and adequate number of signs shall be posted indicating maximum speed.
(i)
Road Signs
(i) Every Tourist Camp or Trailer Camp shall have “Stop” or “Yield” signs posted at all driveway intersections to show which vehicles have the right of way over others. In addition an adequate number of “ONE WAY” and “DO NOT ENTER” signs shall be posted, where necessary.
(ii) Appropriate signage is to be posted as directed by the City’s Fire Chief or designate to ensure vehicles do not obstruct access to site-specific fire protection features.
(j) Pedestrian Walkways
(i) Any location at which a pedestrian walkway crosses a driveway shall be clearly marked with a sign to show that the pedestrian has the right of way.
(k) Washroom Facilities For Campsites Without Individual Hook-Ups
(i) Campsites not served by an individual sewer hook-up shall be provided with washroom facilities housed in a centrally located building(s) or structure(s) containing shower, toilet and other hygienic fixtures according to the requirements set out in this Part. One building or structure shall be required for every one hundred (100) Campsites or part thereof.
(l)
Washroom Facilities for Individual Hook-Ups
(i) For all Campsites served by an individual sewer hook-up communal washroom facilities shall be provided for at least ten (10) percent of the Campsites in a building(s) or structure(s) containing shower, toilet and other hygienic fixtures according to the requirements set out in this Part.
(m) Washroom Facilities Requirements
(i) Facilities in service buildings or structures shall be provided according to Table 1. Washroom facilities shall be available on a 24-hour per day basis.
WASHROOM FACILITIES REQUIREMENTS
|
Number of Campsites |
Toilets or Privies |
Urinals |
Washbasins |
Showers or Bathtubs |
*Other Fixtures |
| |||
|
|
Men |
Women |
Men |
Men |
Women |
Men |
Women |
| |
|
1-15 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
| |
|
16-30 |
1 |
2 |
1 |
2 |
2 |
1 |
1 |
| |
|
31-45 |
2 |
2 |
1 |
3 |
3 |
1 |
1 |
1 slop sink+ | |
|
46-60 |
2 |
3 |
2 |
3 |
3 |
2 |
2 |
1 slop sink | |
|
61-80 |
3 |
4 |
2 |
4 |
4 |
2 |
2 |
1 slop sink | |
|
81-100 |
3 |
4 |
2 |
4 |
4 |
4 |
4 |
2 slop sinks | |
|
101-130 |
4 |
5 |
2 |
5 |
5 |
4 |
4 |
2 slop sinks | |
|
131-140 |
4 |
5 |
2 |
5 |
5 |
4 |
4 |
2 slop sinks | |
|
141-150 |
4 |
5 |
3 |
5 |
5 |
4 |
4 |
3 slop sinks | |
+A conveniently located laundry tub for disposal of liquid wastes may be used instead of a slop sink.
(i) Hot Water
A continuous supply of hot water and cold water shall be supplied to every washroom. Hot water shall be between forty-nine (49) degrees Celsius and sixty (60) degrees Celsius. Water tank and heater capacity shall be sized so as to provide the required peak demand over a peak draw period of three (3) hours duration. Water storage tanks and heaters shall comply with all applicable regulations enforced by the authority having jurisdiction.
(ii) Separate
Toilets
Separate toilet facilities for males and females, plainly marked by appropriate signs, shall be provided in separate buildings within separate rooms in the same building. Where separate rooms in the same building are used, such rooms shall be separated by reasonable soundproof and indestructible partitions.
(iii) Individual
Enclosures
Each water closet shall be located in an individual enclosure separating it from other water closets, urinals, lavatory basins, etc.
(iv) Supply of Tissue
Adequate quantities of toilet tissue in suitable dispensers shall be provided and maintained in each water closet enclosure.
(v) Showers
and Baths
Shower and bath accommodations shall be provided in separate rooms or buildings for each sex. With each shower there shall be provided an individual dressing compartment not less than three quarters (.75) of a metre by one (1) metre in floor area so arranged as to ensure privacy and safety of valuables, and protected by a waterproof partition or shower curtain. The floor of such compartment shall be waterproof and elevated eight (8) centimeters above the floor of the shower.
(vi) Ventilation
Notwithstanding such windows as may be installed, rooms containing showers shall be provided with ceiling ventilators having a minimum cross-section area of nineteen (19) square centimeters per shower, provided that the total cross-section area shall be not less than forty-five (45) square centimeters.
(vii) Privacy Partitions
Washrooms shall have privacy partitions at the entrance for the purpose of preventing people who may be standing or passing by outside from seeing inside them.
41.3 (a) On-site sewage disposal and water supply facilities shall meet the requirements of the Region of Halton Health Department.
41.4 (a) Every
Tourist Camp or Trailer Camp shall have as part of its sewage disposal system,
facilities into which the contents of camping vehicle holding tanks may be
discharged. Each facility for the
discharge of waste shall have a pipe or inlet set in the centre of a concrete
pad not less than one (1.0) metre by one (1.0) metre the surface of which shall
be sloped to the centre to ensure that any spillage will flow to the inlet. A tap and pressure hose shall be
provided for the washing down at the facility which shall also be disinfected at
regular intervals. Such stations
shall be located no closer than fifteen (15) metres from any Campsite and no
closer than thirty (30) metres from the outer boundaries of the Tourist Camp or
Trailer Camp lands or public road or any other property
boundary.
41.5 (a) One (1) cold water tap, from which potable water can be drawn, shall be required for every twenty (20) Campsites not serviced by an individual water hook-up.
(b) Notwithstanding subsection (a) such stations shall be located so that each Campsite not serviced by an individual water hook-up is no further than fifty (50) metres from a water station. In addition, each water station shall be located not less than thirty (30) metres from the outer boundaries of the Tourist Camp or Trailer Camp lands or public roads or any other property boundary.
41.6 (a) Service buildings other than trailer sanitary stations and water stations shall be located not less than twenty (20) metres from the outer boundaries of the Tourist Camp or Trailer Camp lands or public Highway or any other property boundary.
41.7 Campsites shall be located not less than twenty (20) metres from a Tourist Camp or Trailer Camp boundary or public Highway or any other property boundary.
41.8 (a) The parking of any passenger car, tow vehicle or other motorized vehicle excluding a camping vehicle within twelve (12) metres of the Tourist Camp or Trailer Camp boundary or public Highway or any other property boundary and on any driveway within the Tourist Camp or Trailer Camp shall be prohibited.
(b) The parking of any camping vehicle within twenty (20) metres of the Tourist Camp or Trailer Camp boundary or public Highway or any other property boundary and on any driveway within the Tourist Camp or Trailer Camp shall be prohibited.
41.9 Visitor parking shall be provided at the ratio of one (1) visitor parking space for every three (3) Campsites.
41.10 Each Campsite shall be equipped with not less than one (1) picnic table.
41.11 (a) Licensee to comply with the Fire Code Advisory Notice provided at time
of application.
(b) Storage, handling and use of propane for heating and/or cooking purposes is to be in full accordance with the Fuel Safety Standards of the Technical Standards & Safety Authority.
41.12 At least one sturdy receptacle for the temporary storage of garbage and trash shall be required for every 4 Campsites. These receptacles shall be made of material which cannot be penetrated by rodents and which are non-porous, non-absorbent and capable of being washed and disinfected. Such receptacles shall be equipped with fly-tight covers or lids, which cannot be removed, by dogs or other animals capable of or likely to be a nuisance. Trash receptacles shall be placed in a location that does not pose a fire exposure risk to structures, trailers.
41.13 One permanent dwelling unit may be located on the Tourist Camp or Trailer Camp to be used as the permanent or seasonal residence of the Operator and his/her family.
41.14 Each service building shall be required to provide lighting fixtures of at least 25 watts positioned at least 1.4 meters but not more than 5.5 meters above grade. Such lighting fixtures shall be installed with the light directed and deflected away from adjacent lots and streets.
41.15 All electrical facilities and equipment installed to service a tourist or trailer camp shall comply with the requirements of the Electrical Safety Authority and Burlington Hydro Inc.
41.16 Every Tourist Camp or Trailer Camp shall have on the premises at least one telephone which is readily accessible at all times by occupants of such Tourist Camp or Trailer Camp for emergency purposes and shall be capable of contacting the Halton 911 system.
41.17 Every Campsite shall be marked with a lot number posted for identification purposes. Such identification shall be shown on the lands submitted for a Tourist Camp or Trailer Camp licence.
41.18 (a) The storage of camping vehicles on the Tourist Camp or Trailer Camp premises is permitted as follows:
(i) A maximum of ten camping vehicles may be stored in visitor parking areas.
(ii) A maximum of one camping vehicle may be stored on each Campsite provided the Campsite is not being used for camping purposes.
41.19 (a) Operator Responsibility & Accountability
(i) The Operator of a Tourist Camp or Trailer Camp shall comply with this By-law. The Operator has direct responsibility for and will be held directly accountable for implementing and adhering to the terms and conditions of this By-law. Such direct responsibility and accountability shall apply to the Operator even in matters where a subordinate or designate of the Operator has acted or failed to act in accordance with this By-law, whether with or without the consent or knowledge of the Operator.
(b) Period of Operation
(i) The Operator shall be permitted to keep the Tourist Camp or Trailer Camp open for business between the first day of April to the last day of November in each year. Seasonal camping vehicles may be stored on the Tourist Camp or Trailer Camp premises between the first day of December of one (1) year and the last day of March of the next year, but the Owner or Operator shall not permit these camping vehicles to be used or occupied during that period of time.
(c) Supervision of Facilities
(i) The Operator shall have an adult who is at least 19 years of age, and is familiar with the Tourist Camp or Trailer Camp, on duty at all times during the periods when the Tourist Camp or Trailer Camp is open for business.
(d)
Occupancy Register
(i) The Operator shall keep an occupancy register each year containing a record of all the owners and occupants of the camping vehicles or camping tents located within the Tourist Camp or Trailer Camp. This register shall contain the following information:
(1) The name and address of each occupant, adults and children included.
(2) The date of arrival and departure of each camping vehicle and/or camping tent; and
(3) The identification number of the Campsite(s) occupied.
(ii) This register shall not be destroyed for a period of (4) years.
(e) Inspection of Register
(i) The register shall be available for inspection at all times and may be inspected by the Director, a City By-law Enforcement Officer, Police, Peace Officer, Sheriff, Provincial Offences Officer, Fire Prevention Officer or any other person authorized by the Licensing Officer whose duties necessitates the acquisition of information contained in the register.
(f) Posting of Emergency Help Listing
(i) A notice shall be posted on a continuous basis in a conspicuous place near the emergency telephone, indicating how to contact the Police, Fire Department, Ambulance and the Licensing Officer.
(g) Garbage Removal
(i) The Operator shall be responsible for having garbage and trash removed from temporary storage receptacles at least twice a week throughout the year and at intervals of not less than every 72 hours during periods when the maximum daily temperature in the sun exceeds +15 degrees Celsius.
(h) Extensions to Camping Vehicles
(i) The Operator shall prohibit extensions of any form from being added to any Camping Vehicles unless such extensions have been specifically designed as an integral and accessory part of the Camping Vehicle. This provision shall not prohibit the installation of decks provided the height of each deck does not exceed .75 of a metre above ground and the area is less than 16 square metres. Any deck greater than 10 square meters requires a building permit.
(i) Skirt Panels
(i) The Operator shall prohibit the installation of skirt panels of any form between the bottom of any Camping Vehicle and the ground.
(j) Removal of wheels
(i) The Operator shall prohibit the removal of wheels from any Camping Vehicle except when necessary to make repairs to the Vehicle.
(k) Sheds or Out-Buildings
(i) No more than one storage shed shall be permitted on each Campsite. The floor area of each storage shed shall not exceed five square metres. Storage sheds shall be deemed not to be service buildings.
(l) Discharge of Waste
(i) The Operator shall not permit the discharge of waste or refuse of any kind on any part of the Tourist Camp or Trailer Camp except into the receptacles and sewage and solid waste systems installed thereon and approved by the Regional Medical Officer of Health, to accept such waste or refuse.
(m) Maintenance of Buildings and Grounds
(i) An Operator shall during the period of operation:
(1) Keep all buildings painted and repaired and in a clean sanitary condition and free from all rodents, vermin or other pests.
(2) Maintain the grounds of the establishment free from litter.
(3) Keep all grass in a neat condition and free from noxious weeds.
(4) Keep all fences of any kind in good repair; and
(5) Keep all driveways and walkways clear and passable.
41.20 An Operator shall not permit any camping except on a Campsite.
41.21 (a) Notwithstanding any other provision of this By-law, the use of a Camping Tent, or a Camping Vehicle is permitted as follows:
(i) As provided by the Zoning By-law, as amended.
(ii) The use of Camping Tents for children’s play, or camping by the Boy Scouts of Canada at 4284 No. 2 Side Road.
(iii) Temporary use for a period of not beyond seven days provided the Camping Tents or Camping Vehicles are associated with and used by the owners or employees of a licenced, carnival.
(iv) For the purpose of display for selling of the Camping Tent or Camping Vehicle.
(v) In cases of disaster or as a result of destruction by fire of a dwelling unit on a lot, or principle business buildings on a lot, in which case they are permitted for a period not to exceed twelve (12) months, but can only be used by the principal occupants who occupied the original premises prior to the above-mentioned occurrences taking place.
(vi) By a public authority as defined by the Zoning By-law, as amended.
(vii) A Summer Camp within the meaning of the regulations under the Public Health Act or a camp operated by a charitable organization within the meaning of The Charitable Institutions Act, are not deemed camping establishments for the purpose of this By-law.
ENACTED AND PASSED this 20th day of May, 2008 and to come into force on July 1, 2008.
Mayor: ___________________________________
Deputy City Clerk: __________________________
SCHEDULE “A”
|
Class of
Business |
Licence Fee |
|
Automotive |
$200.00 |
|
Convenience Store: | |
|
(a) Sale of Foodstuff |
$140.00 |
|
(b) Sale of Foodstuff/Sale of Tobacco |
$260.00 |
|
(c) Sale of Foodstuff/Sale of Tobacco/Lunch Counter |
$400.00 |
|
Personal Services |
$200.00 |
|
Public Halls/Banquet Halls |
$140.00 |
|
Billiard/Pool Hall |
$200.00 |
|
Bowling Alley |
$200.00 |
|
Pinball or Electronic Game Machine Establishments |
$200.00 |
|
Theatres |
$200.00 |
|
Restaurants, Take-Out Restaurants and Lunch Counters |
$220.00 |
|
Night Club |
$1000.00 |
|
Transient Trader: | |
|
(a) 1 to 3 days |
$55.00/day |
|
(b) Monthly |
$230.00 |
|
(c) 3 months |
$550.00 |
|
(d) Yearly |
$1000.00 |
|
Refreshment Vehicles: | |
|
(a) Class A |
$300.00 |
|
(b) Class B |
$140.00 |
|
(c) Class C |
$220.00 |
|
Carnival |
$540.00/event |
|
Festivals |
$545.00/event |
|
Newspaper Distribution Boxes |
$10.00/box |
|
Sale of Adult Magazines |
$140.00 |
|
Sale of Fireworks |
$200.00 |
|
Sale of Tobacco |
$140.00 |
|
Salvage Yard |
$200.00 |
|
Tourist/Trailer Camp |
$200.00 |
|
Pawnbroker |
$200.00 |
|
Other Fees: | |
|
Licensing Committee Hearing Fee |
$340.00 |
|
Late Fee (for renewals submitted past the expire of licence) |
$50.00 |
|
Change of Information |
$25.00 |
|
Removal of Newspaper Boxes |
$50.00/box |
|
Replacement of lost, stolen, missing, defaced or illegible plates |
$75.00/plate |
|
Replacement of Licence |
$25.00/licence |
|
Administration Fee |
$75.00 |
The
Business Licence fees provided in this By-law shall be indexed to the Consumer
Price Index (Ontario) as of December 31st, and are to be adjusted
accordingly, annually on February 1st. The Licence fee shall be rounded up to
the nearest five dollars.