Building Safety and Property Standards By-law No. 1717-2016 (Consolidated)

Thompson, Manitoba

This is the exact embedded text of the captured official document. Snapshot 3623d96964e5 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF THOMPSON BUSINESS LICENSING BY-LAW NO. 1717-2006 [AM B/L 1745-2007] [AM B/L 1789-2009] BEING A BY-LAW of the City of Thompson to provide for the issuance of licenses and for the regulating and governing of businesses and of persons so licensed to be known as the "Business Licensing By-law" WHEREAS the municipality is empowered under Sections 231 and 232 of the Municipal Act, S.M. 1996, c.5S Cap M225, to license and regulate any business carried on within the municipality. NOW THEREFORE the Council of The City of Thompson in a regular session duly assembled enacts as follows: PART I INTERPRETATION, APPLICATION AND DEFINITIONS 1. Interpretation and Application (a) All persons who conduct or in future will conduct business in the City of Thompson shall in all respects conform to the provisions of this By-law save and except where provisions of this By-law are inconsistent with provisions of relevant Provincial or Federal Statutes in which case the provisions of such statutes shall override the provisions of this by-law. 2. Definitions In this By-law: (a) "AMUSEMENT DEVICE" means any machine, table, musical instrument, or any other device, operated by the insertion of a coin, slug, token, plate or disc, or for which the use of is charged and paid in another manner, and which may be operated by the public generally for uses as a game, entertainment or amusement, and shall, without restricting the generality thereof, include such devices as shooting galleries, photo studios, automatic devices, ball, dart or disc throwing games, strength testing machines, marble machines, pin ball machines, electronic video games, skill ball, mechanical grab machines, snooker and pool tables, collector card machines, mechanical rides (excluding children's rides), and all games, By-law 1717-2006 Page 2 of 36 operations or transactions similar thereto under whatever name they may be indicated, but does not include vending machines. (b) "AMUSEMENT PARLOR" means any store, shop, room, building or place where five or more amusement devices are kept or operated and to which the public is admitted either with or without payment of a fee and to which conditional use approval has been received under the City of Thompson Zoning By-law as a "Place of Entertainment". (c) "BUSINESS" includes any trade, occupation or calling through which a product or service is offered whether or not it is carried on continuously or on an intermittent or one-time basis and whether or not the person carrying on the business has an established place of business within the City and whether or not payment for such product or service is made by cash, credit or barter, and includes a professional practice. (d) "BUYER OF PRECIOUS METALS" means any person carrying on the business of purchasing precious stones, precious metals, plates or coins from any person other than a dealer. (e) "CITY" means the City of Thompson. (f) "CITY COUNCIL" means the duly elected Council of the City of Thompson. (g) "CONTRACTOR" means any person who is involved in any building trade, particularly but not limited to electricians, plumbers, carpenters, masons, painters, floor covering and drywall installers and includes a person who operates a janitorial service business. (h) "CORPORATE SELLER" means a person licensed under this By- law for the purpose of employing agents or employees who are residents of the City of Thompson to carry out the sale of goods, wares, merchandise, etc., at a reduced licensing fee. (i) "DIRECT SELLER" means the person who makes any offer, solicitation, proposal or approach which is intended to result in a sale of goods or merchandise. (j) "DISPATCH OFFICE" means an office area dedicated to the dispatch of taxicabs via a two-way radio system with a dedicated phone line and no more than three taxicabs. By-law 1717-2006 Page 3 of 36 (k) "ESCORT" means any person who acts as a date for any customer or client of an escort service. (l) "ESCORT SERVICE" means any business, which offers to provide an introduction between two persons for a period of companionship of short duration for which service a fee is charged, levied or otherwise imposed for each occasion the escort service is provided for each occasion the introduction is made, and includes a dating service. (m) "FIXED SEASONAL UNIT" means a canteen or other similar business from which food or other items are dispensed, being operated seasonally from a building or a structure at a fixed location. (n) "FOOD VENDOR" means a business or organization that dispenses perishable food or drink for a fee. (o) "HOME BASED BUSINESS" means any business carried on for gain by a resident at and as an accessory use to his dwelling, including a mobile home or accessory building, and includes an on- site or off site home based business defined as follows: i. "ON SITE HOME BASED BUSINESS," means a home- based business where the main portion of the business is conducted by the resident at his dwelling. ii. "OFF SITE HOME BASED BUSINESS" means a home based business where the major portion of the business is conducted by the resident away from his dwelling and only a minor portion of the business, such as a business office or minor storage, is carried on at his dwelling. (p) "MASSAGE CLINIC" means any room or place in which the trade of massaging is carried on, and may include a spa or other such health related facility. (q) "MASSAGE THERAPIST OR PHYSIOTHERAPIST" means a person who is an operator or employee of a massage therapy clinic and who is a registered member of a recognized Canadian Massage Therapy Association. (r) "MASSAGIST" means any person carrying on the business or occupation of massaging, whether as operator of a massage clinic or as an employee or assistant therein or otherwise, but does not By-law 1717-2006 Page 4 of 36 include a registered physiotherapist or a massage therapist, or an employee thereof. (s) "MINOR" means any person under the age of 18 years. (t) "MOBILE FOOD CART" means a pushcart which is designed to be readily movable but is not self-propelled by motor and from which food items are dispensed. (u) "MOTORIZED FOOD UNIT" means a self-contained unit, which is propelled by motor power and from which food items are dispensed. (v) "NUISANCE" means an activity which interferes with the reasonable use of public or private property by any individual entitled to use such property. (w) "OFF STREET PARKING AREA" means a parking area other than on a City street. (x) "OFFICER" means a Peace Officer of the Province of Manitoba, a member of the Royal Canadian Mounted Police, a City Licensing Inspector and any other person appointed as a By-law Enforcement Officer of the City of Thompson. (y) "OPERATOR" when used in reference to a seasonal food unit, means any person occupying, in possession of, or in charge of any seasonal food unit. (z) "OWNER" when used in reference to a seasonal food unit, means any person who owns a seasonal food unit. (aa) "PAWNBROKER" means any person who exercises the trade of receiving or taking, by way of pawn or pledge, any goods for the repayment of money lent thereon, and includes a pawn broking business. (ab) "PEDESTRIAN" means a person on foot, or a person in a wheelchair or a child's carriage or a physically handicapped person operating a motorized mobility aid. (ac) "PERSON" means any individual and includes business, corporation, firm, partnership, association, company or group of persons. By-law 1717-2006 Page 5 of 36 (ad) "PERSONS IN CHARGE" when used in reference to a seasonal food unit, means the operator or the individual present at a seasonal food unit who is the apparent supervisor of the seasonal food unit, and if no individual is the apparent supervisor then any employee present shall be conclusively deemed to be the person in charge. (ae) "PUBLIC HEALTH INSPECTOR" means a Public Health Inspector appointed as such pursuant to the provisions of "The Public Health Act" of Manitoba. (af) "RESIDENT" means a person who resides continuously in a fixed permanent home or lodging place within the City of Thompson to which, whenever he is absent he has the intention of returning for other than temporary purposes only. (ag) "RESIDENT DIRECT SELLER FOR CORPORATE SELLER" shall mean a person who is licensed under this by-law for the purpose of selling goods, wares, or merchandise, under the supervision of a Corporate Seller who is duly licensed under this By-law. (ah) "SEASONAL FOOD UNIT" includes fixed seasonal unit, mobile food cart, motorized food unit and trailer food unit unless otherwise expressly provided. (ai) "SEASONAL FOOD UNIT VENDOR" means the owner, operator, or any person in charge of a seasonal food unit. (aj) "SEASONAL LICENSE" means a temporary license issued for a specified period of time within the current year. (ak) "SECOND HAND BROKER" means any person who engages in brokering the sale of second-hand items between owners and potential buyers, whether such buyers purchase items for resale or for their own use. (al) "SECOND-HAND DEALER" means a keeper of a second-hand store. (am) "SECOND-HAND STORE" means a store, shop, yard or place where second-hand goods are stored, purchased, sold or exchanged for good and valuable consideration. (an) "SPECIAL EVENT' means an event sponsored by any firm, association, club or individual having its base of operations By-law 1717-2006 Page 6 of 36 permanently established in Thompson and for which an application for Special Event Status has been granted by Council. (ao) "TRAILER FOOD UNIT" means a fifth wheel or other trailer unit which is not self-propelled and from which food items are dispensed. (ap) "TRANSIENT TRADER" means any person or firm, which at the time of conducting business within the Corporate Boundaries of the City of Thompson is not a resident, property owner, or a ratepayer of the City of Thompson (aq) "UNSANITARY CONDITION" means a condition or circumstance: i. that is offensive, or ii. that is or may be injurious to health, or iii. that may contaminate food with dirt, or iv. that contaminates or pollutes or may contaminate or pollute food, air or water, or v. that may render food, air, or water injurious to the health of any person, and includes a nuisance, or vi. that is or may be a substantial or imminent danger or hazard to public health. (ar) "VENDING MACHINE" means any coin operated machine from which such items as newspapers, magazines, liquid refreshments, food, snacks, candy or tobacco products are dispensed, including children's coin operated rides. PART II LICENSING DIVISION I AMUSEMENT DEVICES 2. No person shall keep amusement devices for operation by the public or members thereof within the City unless such person is the licensee named in a valid and subsisting amusement device license issued under this By- law. 3. An applicant for an Amusement Device License under this By-law to permit the operation of an amusement parlor shall submit a plan or sketch of the proposed parlor with the application for license. 4. (1) Amusement device licenses issued pursuant to this By-law: By-law 1717-2006 Page 7 of 36 (a) shall designate the type of amusement devices permitted under the license by make and model number. (b) shall specify the number of amusement devices permitted under the license. (c) shall identify the licensee and the place of business within the City where the amusement devices may be operated by the licensee. (d) where less than five amusement devices are designated in the license, specify the primary business of the licensee. 5. (1) An amusement device license shall not be issued under this By-law to permit the operation by a licensee of fewer than three amusement devices unless the licensee operates a primary business. (2) In this Division, "primary business" means a business other than the operation of amusement devices, carried on by an applicant for an amusement device license at the same place of business as that proposed by the applicant for the operation of amusement devices. 6. The license named in an amusement device license: (1) Shall operate only those amusement devices specified in the license and only at the location specified in the license. (2) Shall provide a minimum floor area of three-square meters for the operation of each amusement device specified in the said license. 7. Where the amusement device license does not permit the operation of an amusement parlor by the licensee, the licensee shall: (1) Operate the amusement devices only during the normal business hours of the primary business; (2) Notify the City Inspector, of any material change in the primary business. 8. Where the amusement device license permits the operation of an amusement parlor, the licensee: (1) Shall not operate amusement devices designated under the license between the hours of 2:00 a.m. and 9:00 a.m. By-law 1717-2006 Page 8 of 36 (2) Shall at all times during the business hours of the amusement parlor: (a) Supervise and keep the operation and activity of the amusement parlor under control either personally or by an agent, employee or servant who shall not be a minor. (b) Comply with the provisions of all City By-laws and Provincial and Federal Legislation, including regulations enacted thereunder respecting public health and sanitation. (c) Notify the City Inspector of any material change to the premises designated under the amusement device license. (3) Shall not permit any person under 16 years of age to play or operate any amusement device unless such person has the written consent of his parent or guardian in a form as set out in Schedule "C" to this By-law and: (a) it shall be the responsibility of the licensee to confirm that such consent has been signed by the parent or guardian of such minor, and; (b) any such consent obtained by the licensee shall be retained by him and shall be produced to an officer on demand. (4) Shall at all times maintain on the premises or property on which such amusement parlor is located, a sufficient and adequate area as determined by the City Licensing Inspector whose decision shall be final and binding upon the licensee, for the off street parking of vehicles belonging to or used by patrons and all other occupants or users of such amusement parlor, and on failure to so provide or keep up such parking area, the license shall be subject to revocation by the City Licensing Inspector. DIVISION II AUCTIONEERS By-law 1717-2006 Page 9 of 36 9. No person shall engage in the trade or the business of auctioneer within the City unless such person is the licensee or the partner or employee of the licensee named in a valid and subsisting auctioneer license issued under this By-law. 10. (1) Auctioneer licenses issued pursuant to the By-law shall: (a) Identify the licensee by firm and business name; (b) Specify the names of all auctioneers engaged in the business of the licensee as partners or employees. (c) Designate the principal place of the business within the City. (2) An Auctioneer license shall not be issued to a pawnbroker. 11. The licensee named in an auctioneer license shall exhibit the license in a conspicuous place and manner in the principal place of business designated in the license. 12. An auctioneer shall not conduct an auction in any public park or on any public street or thoroughfare in the City without first obtaining written permission from the City License Inspector. DIVISION III CIRCUS, MENAGERIE, SIDE SHOW, CARNIVAL EVENT 13. No person shall hold or operate a traveling circus, sideshow, fair or other like traveling exhibition or any carnival within the City unless such person is the licensee named in a valid and subsisting show license issued under the By-law. 14. Show license issued under this By-law: (1) Shall designate the date and place within the City of the show event. (2) Shall name the licensee and address of the licensee. (3) Shall specify the type of show permitted under the license. 15. The licensee named in a show license: By-law 1717-2006 Page 10 of 36 (1) Shall hold or operate only that show specified in the license and only on the date or dates and at the place specified in the license. (2) Shall for the duration of the show specified in the license maintain liability insurance covering the show in a minimum amount of $2,000,000.00 per claim. (3) Shall submit a copy of the insurance policy referred to in section 15 (2) hereof to the City License Inspector. DIVISION IV DIRECT SELLERS 16. In this Division: "Resident Direct Seller" has the same meaning as that ascribed to "Direct Seller" under the "Consumer Protection Act" of Manitoba. 17. No person shall engage in the trade or business of Resident Direct Seller within the City of Thompson, unless such person is the licensee named in a valid and subsisting Resident Direct Seller License issued under this By- law. 18. No person shall engage in the trade or business of Corporate Seller within the City of Thompson unless that person is the licensee named in Corporate Seller License, issued under this By-law. 19. A Resident Direct Seller License issued to this By-law; (1) Shall only be granted to individuals who: (a) Hold a valid and subsisting Direct Seller License issued under the Corporate Protection Act of Manitoba; (b) Are engaged by a Corporate Seller who holds a valid and subsisting Corporate Seller License under this By-law. (2) Shall name the license and the principal place of business of the licensee. (3) Shall specify the Corporate Seller on behalf of whom the licensee is engaged and the principal place of business of the Corporate Seller. By-law 1717-2006 Page 11 of 36 20. A Corporate Seller License: (1) Shall specify the names of the Resident Direct Sellers engaged by the licensee within the City of Thompson. (2) Shall name the licensee and the principal place of business of the licensee. 21. No Resident Direct Seller or Direct Seller shall carry on his trade by means of door-to-door sales within the City: (1) On a Sunday, or (2) Before 9:00 a.m. or after 9:00 p.m. on any other day of the week. DIVISION V ESCORT SERVICES AND ESCORTS SUBDIVISION I ESCORT SERVICE 22. No person shall engage in or operate the business of an escort service within the City of Thompson unless such person is the licensee named in a valid and subsisting escort service license issued under this By-law. 23. Each applicant for an escort service license shall provide the following to the City Licensing Inspector at the time of application or as soon thereafter as is reasonable: (1) The full name of the applicant and the anticipated date of commencement of business; (2) In the case of an individual, birth date and place, place of residence, height, weight, hair color, eye color, telephone number, social insurance number, three prints of a recent photograph (7.6 cm x 7.6 cm) of the applicant with a written statement on the reverse thereof, over the signature of the applicant, that such prints are a true likeness of the applicant. By-law 1717-2006 Page 12 of 36 (3) In the case of an unincorporated firm, a statement, signed by the applicant, listing the persons who own the firm, their residence and date of birth, proof of registration under The Business Names Registration Act of the Province of Manitoba and the names of any persons or corporations associated with the applicant in the proposed business. (4) In the case of corporations, a statement signed by the applicant, listing the persons who are shareholders of the applicant, their residence and date of birth and a similar listing the officers and directors of the corporation, their residence and date of birth, proof of incorporation of the company and a certificate of status showing the corporation to be in good standing. (5) In the case of unincorporated firms and corporation, the information referred to in section 23(2) hereof with respect to each manager or managing partner of the firm or corporation. (6) A certificate signed by the (Officer Commanding the Thompson Detachment RCMP) attesting to the good character of the applicant and each manager or managing partner thereof. 24. An Escort Service license issued under this By-law shall name the licensee and the principal place of business of the licensee within the City of Thompson. 25. The licensee named in an escort service license: (1) Shall carry on its business from an office being the principal place of business designated in the license. (2) Shall maintain all records required to be kept under this By-law at the principal place of business designated in the license. (3) Shall keep a current list of all escorts and other employees of the licensee which list shall include: (a) the name (including any alias and nick names) (b) age (c) date of birth (d) height (e) weight (f) hair color (g) eye color By-law 1717-2006 Page 13 of 36 (h) residential address (i) telephone number (j) social insurance number and (k) date of employment of each escort and employee of the licensee. (4) Shall furnish a list of all escorts and other employees of the licensee to the City License Inspector once each month. (5) Shall employ a person as an escort only if such person is the licensee named in a valid and subsisting escort license issued under this By-law. (6) Post each escort license issued to the escorts of the escort service licensee along with a photograph of each escort in such conspicuous place approved of by the City License Inspector at the licensee's principal place of business specified in the license. (7) Maintain a register in a form prescribed by the City License Inspector and providing the following particulars of each business transaction of the licensee: (a) the date of the transaction (b) the name and address of the customer (c) the type of service provided (d) the fee charged for the service (8) Keep and maintain the register referred to in Section 25(7) hereof in good physical condition, free of erasures, obliterations and interlineations and with all pages thereof intact. (9) Shall supply the records required to be kept by the licensee under the By-law to any officer on demand. (10) Shall ensure that no minor is permitted to be on or about the premises designated in the license. (11) Shall ensure that no alcoholic beverages are purchased or consumed by any person on the premises designated in the license. (12) Shall ensure that no person is permitted to exhibit or expose himself in any window on or about the office premises and that no sign is exhibited outside of the licensed premises showing any nude male or female body or any part thereof, or containing any By-law 1717-2006 Page 14 of 36 printed words suggesting that the service provided by the licensee includes any form of sexual or nude entertainment. (13) Shall not distribute or cause to be distributed any handbill, advertisement or business card showing or depicting any nude male or female body or any part thereof, nor any printed words suggesting that the service provided by the licensee includes any form of sexual or nude entertainment. SUBDIVISION II ESCORTS 26. No person shall engage in the occupation of an escort in the City of Thompson unless such person is the licensee named in a current escort license issued under this By-law. 27. Each applicant for an escort license shall provide the following to the City Licensing Inspector at the time of application or as soon thereafter as is reasonable: (1) The full name of the applicant, date of birth, place of residence, height, weight, hair color, eye color, telephone number, social insurance number, three prints of a recent photograph (7.6 cm x 7.6 cm) of the applicant with written statement on the reverse thereof, over the signature of the applicant, that such prints are a true likeness of the applicant; (2) A certificate signed by the Officer Commanding the Thompson Detachment RCMP attesting to the good character of the applicant. 28. An escort license issued pursuant to this By-law: (1) Shall only be issued to individuals engaged as escorts by an escort service currently licensed as such under this By-law. (2) Shall name the licensee and the escort service employing the licensee. DIVISION VI MASSAGE CLINIC - MASSAGIST 29. No person shall operate a massage clinic within the City unless such person is the licensee named in a valid and subsisting massage clinic license issued under this By-law. By-law 1717-2006 Page 15 of 36 30. No person shall engage in the occupation of a massagist in the City unless such person is the licensee named in a current massagist license issued under this By-law. 31. A massage clinic license issued under this By-law shall name the licensee and the address within the City where the massage parlor may be operated. 32. The licensee named in a massage clinic license: (1) Shall operate a massage clinic only at the location specified in the license. (2) Shall engage as massagists only those individuals holding a current massagist license issued under this By-law. (3) Shall at all times equip and maintain the massage clinic in a clean and sanitary manner and condition to the satisfaction of the City License Inspector. (4) Shall permit an officer to inspect the premises designated in the license at all reasonable times on demand being made. 33. A massagist license issued under this By-law: (a) Shall only be issued to individuals engaged as massagists by the operator of a massage clinic currently licensed under this By-law. (b) Shall name the license and the massage clinic employing the licensee. DIVISION VII SEASONAL FOOD UNIT VENDORS 34. No person shall own or operate a seasonal food unit in the City of Thompson unless such person is the licensee named in a valid and subsisting seasonal food unit license issued under this By-law. 35. Any applicant for a seasonal food unit license shall, at the time of making application for a license: By-law 1717-2006 Page 16 of 36 (1) Submit a valid permit from the Public Health Inspector certifying compliance by the applicant with all Provincial Health Standards with respect to the seasonal food unit. (2) Submit a diagram showing the proposed location for the seasonal food unit along with approval for the proposed location to: (a) The Inspection and Enforcement Services Department where the proposed location is on property owned by the City, including off-street parking areas or sidewalks; or (b) The property owner where the proposed location is on private property. (3) Submit proof of liability insurance insuring the applicant with respect to his seasonal food unit business in the minimum amount of $1,000,000.00 and tender a copy of the insurance policy to the City License Inspector. 36. In considering approval of a proposed location under section 35(2)(a) hereof, the Inspection and Enforcement Services Department of the City Of Thompson shall take into account the impact of the operation of a seasonal food unit upon pedestrian and other traffic and upon businesses adjacent to the location, and shall not issue such approval where the operation of a seasonal food unit at the proposed location would be a nuisance. 37. A seasonal food unit license issued under this By-law: (1) Shall name the licensee and specify the place wherein the licensee may operate the seasonal food unit; (2) Shall specify the food unit, which may be operated under the license. 38. The licensee named in a seasonal food unit license: (1) Shall maintain a valid permit issued by a Public Health Inspector, certifying compliance by the licensee with all provincial health standards respecting the seasonal food unit designated in the license. (2) Shall maintain the insurance specified in section 35(3) hereof. (3) Subject to section 37 hereof, shall operate the designated seasonal food unit only at the place specified in the license. By-law 1717-2006 Page 17 of 36 (4) Shall at all times conspicuously display the seasonal food unit license on the seasonal food unit designated in the license. (5) Shall ensure the area surrounding the seasonal food unit is clean and free of litter and rubbish and that no unsanitary condition exists. (6) Shall provide and maintain a garbage container owned by the licensee within a ten-foot radius of the seasonal food unit for use by customers and shall dispose of such garbage. (7) Shall operate and conduct the business from the seasonal food unit in such a way that movement of vehicular and pedestrian traffic is not obstructed. (8) Shall comply with all notices given by the City License Inspector to the licensee pursuant to this By-law. (9) Shall ensure that the mobile food cart designated in the license is removed from the location designated in the license between the hours of 2:00 a.m. and 8:00 a.m. daily. 39. (1) The City License Inspector may determine at his sole discretion that a mobile food cart shall be moved to a new location where he is of the opinion that the location of the mobile food cart impedes or threatens the safety of pedestrian or vehicular traffic or causes a disruption to any nearby business establishment and notwithstanding that the mobile food cart is at the location specified in the license. (2) Where the City License Inspector makes a determination referred to in section 39(1) hereof, he shall first make a verbal request to the seasonal food unit vendor to relocate or remove the mobile food cart. Where such verbal request has not been complied with within one hour, the Inspector shall provide written notice to the seasonal food unit vendor, stating that the mobile food cart must be removed, or relocated to a specified location, within such time limit as the Inspector determines reasonable in each case. Upon the expiration of the said time limit, if the mobile food cart has not been removed or relocated, the Inspector shall cause same to be removed and stored at the Public Works Yard. The expense of such removal shall be the responsibility of the vendor. By-law 1717-2006 Page 18 of 36 (3) Upon removal of any mobile food cart by the City, the License Inspector shall give written notice to the licensee advising that: (a) The mobile food cart is in the possession of the City; and (b) Same may be recovered upon payment to the City of the removal costs and a $50.00 storage fee. (4) Any mobile food cart removed by the City will be kept for a maximum period of sixty (60) days and if not recovered in accordance with section 39(3) hereof, will be sold or otherwise disposed of and any revenue obtained thereby will be retained by the City and applied against the removal costs and storage fees. DIVISION VIII PAWNBROKERS AND SECOND HAND DEALERS, BROKERS 40. In this Division "record book" means the book supplied to a licensee under section 42(3) hereof. 41. No person shall engage in the trade or occupation of a pawnbroker or second hand dealer broker unless such person is the licensee named in a valid subsisting pawnbroker or second hand dealer license issued under this By-law. 42. (1) A pawnbroker or second hand dealer license issued pursuant to this By-law shall: (a) Name the licensee, including the firm and business name of the licensee. (b) Designate the principal place of business of the licensee within the City. (2) A pawnbroker or second hand dealer license shall not be issued to an auctioneer. (3) The licensee named in a pawnbroker or second hand dealer license shall be supplied with a bound pre-numbered book by the City License Inspector suitable for the records required to be kept by the licensee under this Division. By-law 1717-2006 Page 19 of 36 43. The licensee named in a pawnbroker or second hand dealer license: (1) Shall make and keep the records required to be kept and in the form specified in section 42 hereof. (2) Shall tag each article pawned or pledged to him with transaction number recorded in the record book for that article. (3) Shall keep the record book in good physical condition free of erasures, obliterations and interlineations with all pages thereof intact. (4) At all reasonable times shall permit any officer to inspect the record book and all goods, articles or things received by the licensee by way of purchase, pawn, pledge, or any other manner of exchange. (5) Subject to 43 (12) hereof, shall keep any article purchased, pawned, exchanged, or pledged to him at the place of business specified in the license and shall not permit such article to be redeemed or removed, other than by the person who has pawned or pledged the good, article or thing, from the place of business for a period of thirty days from the transaction date recorded in the record book for that article without the prior written permission of an officer. (6) Shall not take or receive by way of purchase, pawn, pledge, or exchange any property, note, security, article or thing from a minor or in which a minor has an interest. (7) Shall not employ a minor to engage in any purchase, pawn, pledge, or exchange transactions. (8) Shall not act as a second hand broker for a minor. (9) Shall not take any article, good or thing by way of purchase, pawn, exchange, or pledge from any person while such person is under the influence of alcohol or from any person who, the licensee has reason to believe, has been convicted of theft or other like criminal offenses. (10) Where he has reason to believe that any good received by him and then in his possession or control may have been lost by or stolen from any other person, shall immediately report same to an officer. By-law 1717-2006 Page 20 of 36 (11) Section 43 (6) does not apply to any good purchased by the licensee at public auction. 44. (1) The licensee named in a pawnbroker or second hand dealer license shall: (a) Immediately upon receiving any good, article or thing by way of purchase, pawn, pledge or any other manner, make an entry in the record book containing the following particulars of the transaction: i. An accurate description of each good, article or thing purchased, pawned, pledged, or exchanged, including the serial number where available and any descriptive marks thereon. ii. The time and date of the transaction. iii. Where applicable, the rate of interest on a per annum basis charged by the licensee on the transaction. iv. The name and address of the person pawning, pledging, or exchanging the good, article or thing. Along with a statement that the person has produced appropriate photo identification, if the value of the item pawned or pledged is $75.00 or more, or is the type of item or thing that does, or would normally bear a serial number. v. The nature of the transaction. (b) Immediately upon redemption or sale of any pawned good, article or thing, make an entry in the record book containing the following particulars of the transaction: (i) the name and address of the person purchasing or redeeming the good, article or thing. Along with a statement that the person has produced appropriate photo identification, if the value of the item pawned or pledged is $75.00 or more. (ii) The date and time of the redemption or purchase. (2) All entries in the record book shall be made in ink and shall be in numerical order. By-law 1717-2006 Page 21 of 36 (3) The licensee named in a pawnbroker license shall, without charge, deliver to the person pawning or pledging any good, article or thing, a memorandum or note signed by the licensee containing the substance of the entry regarding the transaction required to be made in the record book under section 44( I) hereof. (4) The record book shall remain the property of the City and shall not be destroyed or disposed of by the licensee or any person acting on behalf of the licensee without the written consent of the City License Inspector. 45. No person shall carry on the business of a pawnbroker, second hand dealer or broker, under the guise of a garage sale or yard sale or by any other name, or method other than that prescribed by this By-law. DIVISION X BUYER OF PRECIOUS METALS 46. In this Division, "record book" means the book supplied to a licensee under section 48(2) hereof. 47. No person shall act as a precious metal buyer in the City unless that person is the licensee named in a valid and subsisting precious metals license issued under this By-law. 48. (1) A precious metals license issued under this By-law shall: (a) Name the licensee, including the firm and business name of the licensee. (b) Designate the principal place of business of the licensee in the City. (2) The licensee named in a precious metals licensee shall be supplied with a bound pre-numbered book by the City License Inspector suitable to the records required to be kept by the licensee under section 53 of this By-law. 49. By-law 1717-2006 Page 22 of 36 (1) The license named in a precious metals license: (a) Shall make and keep the records required to be made and kept under section 50 hereof in the form required thereunder. (b) Shall tag each good acquired by him in the course of his business as a precious metal buyer with the transaction number recorded in the record book for that good. (c) Shall keep the record book in good physical condition, free of erasures, interlineations and obliterations and keep all pages thereof intact. (d) At all reasonable times shall permit any officer to inspect the record book and all goods acquired by the licensee in the course of his business as a precious metal buyer. (e) Shall not purchase goods from a minor in the course of his business as a precious metals buyer. (f) Subject to 49(2) hereof, shall keep any good acquired by him in the course of his business as a precious metal buyer in the place of business specified in the license separate and apart from all other goods for a period of seven days from the transaction date recorded in the record book for that good unless written permission reducing the period of retention has been received for that good by the licensee from an officer. (g) Subject to section 49(2) hereof, shall not remove, erase, obliterate, render obscure, or in any way alter a distinctive mark upon any good acquired by the licensee in the course of his business as a precious metals buyer for the retention period specified under section 49(t) hereof. (h) Where he has reason to believe that any good received by him and then in his possession or control, may have been lost or stolen from any other person, immediately report the same to an officer. (i) Shall not solicit business house to house. By-law 1717-2006 Page 23 of 36 (2) Section 49(1)(f) and (g) do not apply to any good purchased by the licensee at public auction or from another licensee named in a valid and subsisting precious metals license issued under this By-law. 50. (1) A license named in a precious metal license shall: Immediately upon acquiring a good in the course of his business as a precious metals dealer make an entry in the record book containing the following particulars of the transaction: i. An accurate description of the good including the serial number where available and any descriptive mark thereon. ii. The time and date of the transaction. iii. The name, address and detailed physical description of the person from whom the licensee acquired the good. (2) All entries in the record book shall be made in ink and shall be in numerical order. DIVISION XI SCRAP METAL YARD AND AUTO SALVAGE YARD 51. No person shall own or operate a scrap metal yard or an auto salvage yard in the City unless that person is the licensee named in a valid and subsisting scrap metal yard/auto salvage yard license issued under this By-law. 52. A scrap metal yard/auto salvage yard license issued under this By-law shall: (1) Name the licensee, including the firm and business name of the licensee. (2) Designate the place within the City where the scrap metal yard or auto salvage yard may be operated by the license. 53. (1) Shall entirely enclose the scrap metal or auto salvage yard with a solid-closed-type construction fence, uniform in height and not less than eight feet in perpendicular height. By-law 1717-2006 Page 24 of 36 (2) Shall keep the fence enclosing the scrap metal yard or auto salvage yard in a state of good repair and well painted or suitably treated to resist deterioration. (3) Shall not store any used metals or auto parts: (a) Outside of the fence enclosing the scrap metal yard or auto salvage yard. (b) Within four (4) feet of any building or structure in the yard. (c) Upon or against any portion of the fence enclosing the yard where the fence is along or abutting a public street. (d) Upon or against any portion of the fence enclosing the yard where the fence is along or abutting a public street. (4) Shall ensure that all stacks or piles of scrap metal in or upon the yard shall be maintained at a height, which is at or below the top elevation of the fence enclosing the yard at every point in the yard within ten feet measured perpendicularly distant from the fence. DIVISION XII TRANSIENT TRADERS 54. (1) Subject to section 237 of the Municipal Act of Manitoba and to section 54(2) hereof, no person shall hawk, peddle, sell, or offer to sell goods, wares, merchandise, fish, sea foods, flowers, bedding plants, fruits, vegetables, meats, chattels or produce of any kind, sales of services including contractors services except those contractors who contract out as a sub-trade under a local general contractor or a general contractor who has a license with the City of Thompson, by auction or in any manner whatsoever in the City unless such person is named in a valid and subsisting transient trader's license issued under this By-law. (2) Section 54(1) hereof shall not be interpreted to apply to non-commercial casual sales of items. 55. A transient trader license issued under this by-law shall: (1) Name the licensee including the firm and business name of the licensee. By-law 1717-2006 Page 25 of 36 (2) The address of the licensee. (3) The period for which the license is valid. (4) The times of day that the licensee is permitted to engage in the business. (5) The place at which the licensee is permitted to operate his business. (6) Any other condition applying to the license with which the licensee must comply. 56. The licensee named in a license issued under this division shall comply with all conditions specified in his license. 57. Every transient trader not requiring a license under this Division to conduct business in the City shall: (1) Before conducting business in the City report to the City License Inspector. (2) Conduct business in the City in a location approved by the License Inspector. DIVISION XIII HOME BASED BUSINESS 58. Permitted or Not Permitted on site use means a use listed in the Home Based Business Location Table attached to this by-law as Schedule B. 59. No person shall own, operate, carry on or engage in a home based business unless such person is the licensee named in a valid and subsisting home based business license issued under this by-law. 60. A home-based business license issued under this By-law: (1) Shall only be issued for a business listed in the Home-Based Business Location Table (Schedule B) contained herein. (2) Shall designate the permitted use for which it is issued. By-law 1717-2006 Page 26 of 36 (3) Shall name the licensee. (4) Shall specify the address of the licensee and shall only be valid for the address specified therein. (5) Shall specify those conditions set out in the Home Based Business Location Table (Schedule B) applicable to the home-based business use in respect of which the license is issued. 61. Subject to section 63 hereof, the licensee named in a home based business license: (1) Shall carry on the home-based business at the address specified in the license. (2) Where the business is: (a) An on-site home based business, shall not employ with or without pay, any person who is not a bona fide resident at the address specified in the license, unless the home based business is a dispatch office. (b) An off-site home based business, shall not permit an employee with or without pay to attend at the address specified in the license in the course of his employment unless the employee is a resident at that address. (3) Shall carry on the home-based business at the address specified in the license. (4) Shall forthwith notify the City License Inspector of any additions, changes or alterations to the home-based business use specified in the license. (5) Shall not display any commercial sign visible from the exterior of the address specified in the license and shall not display or store or permit to be displayed or stored anything indicating the presence of a home based business and visible from the exterior of the address specified in the license. (6) Shall conduct the home-based business in such a way as to ensure that: By-law 1717-2006 Page 27 of 36 (a) It is not offensive or obnoxious by reason of emission of odor, dust, smoke, noise, gas, fumes, cinders, light, vibration, refuse matter or water carried wastes. (b) It does not create a nuisance. (c) It does not generate undue traffic and congestion in the neighborhood. (7) Shall ensure that all vehicles used in the business are parked at the address specified in the license except: (a) Where more than 2 vehicles are used in the business, in which case, the additional vehicles shall be parked in an area for commercial or industrial vehicles permitted under City By-laws. (b) Where a vehicle used in the business exceeds a gross vehicle weight of 12,800 lbs. (5806.1 kg.). (8) Shall devote not more than the lesser of: (a) 330 square feet (30.66 square meters) of floor area; or (b) 25% of the floor area: of the dwelling unit located at the address specified in the license to the home based business. (9) Shall maintain not less than the minimum number of parking spaces required under City By-law for the dwelling unit located at the address specified in the license. (10) Shall not store goods or chemicals, which are a fire or health hazard at the address specified in the license. (11) Shall not permit more than the maximum number of customers indicated for that business in the Home Based Business Location Table (Schedule B) attached to this By-law to be present at one time at the address specified in the license. (12) Shall not allow the storage or maintenance of vehicles, inventory or stock-in-trade utilized within or without the buildings, upon the land being the principle residence. By-law 1717-2006 Page 28 of 36 62. Council may, by resolution, approve the establishment of a home based business not shown in the City of Thompson Fee and Fine Schedule or Schedule "B" hereof and set a license fee and any conditions it deems appropriate for the operation of the home based business. [AM B/L 1789-2009] DIVISION XIV MISCELLANEOUS 63. No person in the City shall carry on or engage in the business of distributing almanacs, blotters, cards, circulars, coupons, calendars, dodgers, fliers, handbills, posters, samples, thermometers, or any other like articles or matter, any of which are designated or intended to advertise any article, produce, service, trade, or business unless such person operates one or more businesses in the City of Thompson in respect of which business tax is payable to the City or if the licensee named in a valid and subsisting advertiser distribution license issued under this By-law. 64. No person shall carry on the business of a chimney sweep in the City unless such person is the licensee named in a valid and subsisting chimney sweep license issued under this By-law. 65. No club or corporation incorporated under Part XXII of the Corporations Act of Manitoba shall keep for the use of its members any billiard, pool or bagatelle table in the City unless such club or corporation is the licensee named in a club game license issued under this By-law. 66. No person shall in the City hold or operate an exhibition for hire or profit or operate a bowling alley, dance hall, moving picture theater and pavilion or any other place of amusement for which a fee is charged or to which any admission fee is demanded or paid unless such person is the licensee named in an entertainment license issued under this By-law. 67. No person shall operate a motor vehicle racetrack, speedway or similar motor vehicle course in the City unless such person is the licensee named in a valid and subsisting racetrack license issued under this By-law. 68. No person other than the City of Thompson, shall operate an ice-skating, roller-skating or curling rink in the City unless such person is the licensee of a rink license issued under this By-law. By-law 1717-2006 Page 29 of 36 69. No person shall install vending machines or self-serve cabinets in dwellings, apartment blocks, offices or houses or any other similar place in the City unless such person is the licensee named in a valid and subsisting vending machine license issued under this By-law. 70. No owner or keeper of a store, hotel, shop or other like retail establishment in the City shall sell or offer for sale tobacco, cigars or cigarettes unless such person is the licensee named in a tobacco license issued under this By-law. PART III GENERAL PROVISIONS DIVISION I APPLICATION FOR LICENSES 71. Every person seeking a license under this By-law: (1) Shall submit a license application to the City License Inspector containing particulars of the license being sought, the name and address of the proposed licensee and such further information as may be required to permit the license to be issued under this By- law. (2) Shall at the time of making application for a license, tender the fees prescribed in the City of Thompson Fee and Fine Schedule for the license applied for. [AM B/L 1789-2009] (3) Shall set out in the application the name and address of each member of a partnership where a license is being sought to permit a partnership to operate or engage in a business, trade, calling or occupation. (4) Shall designate in the application for license the place within the City in which he intends to carry on a business to be conducted by him under the permit. 72. (1) The City License Inspector shall conduct such investigation of the application as he deems fit which investigation may include enquiries with the Royal Canadian Mounted Police, Fire and By-law 1717-2006 Page 30 of 36 Emergency Services, the City Building Inspector, Health Inspector and City Development Officer for the purpose of obtaining a recommendation on the application. (2) If the RCMP, Fire and Emergency Services, City Building Inspector, Health Inspector, Development Officer or anyone of them recommend that the license be refused, written reasons for such recommendation shall be submitted to the City License Inspector. 73. Upon completion of the investigation of the license application, the City License Inspector shall: (1) Where an escort service, massagist or massage clinic or license is being sought, prepare a written report on his investigation setting out his recommendations and those of any other person and submit same along with the license application and all other material accompanying the application to City Council for a decision on the application. (2) In all other cases issue or refuse to issue the license applied for provided that in no case shall a license be issued where the City License Inspector has reason to believe that the licensee shall not comply with the provisions of this or any other By-law of the City of Thompson. 74. Where the application for a license is refused the City License Inspector shall notify the applicant, by registered mail of the refusal, the reasons for the refusal and the provisions for appealing the decision to City Council. DIVISION II APPEAL TO COUNCIL 75. An applicant whose application for license has been refused shall have fourteen days from receipt by him of the notice referred to in section 74 hereof to appeal the refusal to Council by delivering a written notice signed by the applicant to the City Manager or designate, setting out the applicant's intention to appeal the decision to City Council. 76. The City Manager or designate will notify the applicant of the date, time and place of the appeal before City Council. 77. The City Inspector shall submit a written report on his investigation of the license application including any recommendation received by him from any By-law 1717-2006 Page 31 of 36 other person on the application and including the reasons for his refusal to issue the license. 78. The applicant shall be entitled to appear at the appeal before Council and to make submissions to Council on his application. 79. At the conclusion of the appeal, Council shall by resolution grant or refuse the license sought. DIVISION III GENERAL PROVISIONS 80. Every license granted pursuant to the By-law shall be effective from the date of issue to and including the 31st day of December of the year of issuance, unless otherwise specified therein or sooner revoked, except with respect to Transient Trader or Seasonal Licenses which shall be effective from the date of issue to the date of expiration as shown on the license 81. A Transient Trader or Seasonal License shall not be issued for periods lasting less than one month. 82. A license issued under this By-law permitting a partnership to carry on or engage in a trade, calling business or occupation, may be issued in the name of one partner. Any firm, association, club or individual may apply to Council to have an event sponsored by said firm, association, club or individual granted Special Event Status. 83. (a) Any firm, association, club or individual may apply to Council to have an event sponsored by said firm, association, club or individual granted Special Event Status. (b) For events granted Special Event Status by Council, one license fee, as per the City of Thompson Fee and Fine Schedule shall be levied against the sponsor of said event which fee shall apply to all Transient Traders participating in said event. [AM B/L 1789-2009] 84. A license issued under this By-law permitting the operation of a business shall contain the name of the business so conducted by the licensee and the principal place of business at which the business is to be operated. By-law 1717-2006 Page 32 of 36 85. No licensee named in a license issued under this By-law and permitting the operation of a business shall advertise, promote or carry on such business under any name other than the business name endorsed on the license. 86. (a) A licensee shall at all reasonable times produce a license issued under this By-law on demand being made therefore by an officer. (b) A licensee shall at all reasonable times grant access to an officer for the purpose of carrying out an inspection of the premises or area for which a license has been issued by the City for the conduct of a business under this DIVISION IV AMENDMENTS TO LICENSES 87. A licensee shall notify the City Inspector forthwith of any change in circumstances affecting his ability to comply with the provisions of this By- law or conditions of his license issued thereunder, including any change in address or in the conduct of the business operated under the license. 88. Subject to section 89 hereof, the City Licensing Inspector, may grant amendments to a license to render the licensee in compliance with the conditions thereof or the provisions of this By-law provided that such amendments will not result in the licensee breaching any provision of this or any other By-law of the City or any other condition of his license. 89. The City License Inspector shall not grant any amendment to a home-based business license issued under this By-law. DIVISION V REVOCATION OF LICENSE 90. (1) The City License Inspector shall have the power to revoke: (a) A seasonal food unit license where a mobile cart has not occupied its approved space for a period of fourteen consecutive days or more. By-law 1717-2006 Page 33 of 36 (b) Any license issued under this By-law where the licensee has failed to comply with any provision of this By-law or with any condition of the license. (2) Upon revoking a license the City License Inspector shall send notice by registered mail to the licensee at the address specified in the license of the license revocation, the reasons for appeal of the revocation to City Council. 91. The licensee whose license has been revoked shall have the same rights to appeal the revocation as an applicant for a license whose license has been refused and the provisions of section 75, 76, 77, 78 and 79 of the By-law shall apply mutatis mutandis to the procedure on, hearing of and decision on an appeal against revocation. DIVISION VI ASSIGNMENT OF LICENSES 92. A license issued under this By-law shall not be assignable. DIVISION VII PENALTIES 93. Penalties will be assessed in accordance with the terms and provisions of the City of Thompson Compliance By-law No. 1735-2007. [AM B/L 1745-2007] 94. Repeal By-law number 1677-2002, and any other By-laws or parts of By-laws inconsistent with the provisions of this By-law are hereby repealed. 95. Severability In any provision of this By-law be contrary to any express provision of any applicable statute, such provision shall be read subject thereto and except as aforesaid this By-law and all provisions thereof shall be valid and binding. 96. This By-law shall come into full force and effect upon the day following the date of receipt of third reading by Council. 97. The proper officers be and they are hereby authorized to execute and deliver, under the Corporate Seal of The City of Thompson, the above By-law. Read a first time this 13th day of February, 2006 A.D. By-law 1717-2006 Page 34 of 36 Read a second time this 13th day of February, 2006 A.D. Read a third time this 13th day of February, 2006 A.D. Done and passed by the Council of the City of Thompson in regular session assembled this 13th day of February, 2006 A.D. The City of Thompson Per: _____________________________ Mayor Per: _____________________________ City Manager SCHEDULE B Home-Based Business Location Table Use On Site Conditions Accounting/Bookkeeping/Income Tax Preparation Permitted * Advertising Distributor Permitted No Storage on Site * Small Appliance & Electronic Repair Service Permitted No Major Appliance * Appraisal Service Permitted * Architectural/Engineering Services Permitted * Arts, Crafts, Novelties, Fine Arts and Prints Permitted * Auctioneer Not Permitted * Barber Shop Beauty Parlour Permitted Limit of One Chair * Bicycle Repairs Permitted No Sales * Burglar & Fire Alarm Services Permitted * Cartering Services Not Permitted * Chimney Sweep Service Not Permitted * Massage Therapist, Reflexologists, Hypnotherapists, Electrolysis Permitted * Collection Agency/Bailiff Services Permitted * Contractor (Mechanical, Electrical, and other Provincial Building Trades) Certification Required Not Permitted * Counseling Services Permitted * Data Processing Services Permitted * Dating Service Not Permitted * Delivery/Messenger Service Not Permitted * Direct Seller, Corporate and Resident Direct Seller License Permitted Not More Than 2 Vehicles Stored on Site * Dispatch Office Permitted No More than one (1) Employee on site at any time * By-law 1717-2006 Page 35 of 36 Distributor Not Permitted * Drafting/Graphic Design Services Permitted * Engraving, Rubber Stamps & Laminating Not Permitted * Furniture Repair and Refinishing Not Permitted * Gun Repairs Permitted * Housing Sitting Services Not Permitted * Insurance Agency/Investment & Commodity Services Permitted * Interior Decorating and Design Services Not Permitted * Janitorial and Carpet Cleaning Not Permitted * Land Surveyor Not Permitted * Lawyers Permitted * Lawn & Yard Maintenance Not Permitted No Storage of Equipment on Site Without Permission Use On Site Conditions Locksmith Permitted * Mail Order Permitted * Monument Sales Permitted No On Site Storage * Music Instruction (including dance and Vocal) Permitted No More Than 6 Students On Site at Any Given Time * Music and Entertainment Service (Dance Band, D.J. Services and Booking Agent) Not Permitted * Musical Instrument Repair and Service Permitted * Officer Equipment Servicing and Repair Not Permitted * Personal Shopping Services Not Permitted * Photographic Services & Video Productions Not Permitted No Studio On Site * Picture Framing Services Permitted * Printing and Publishing Services Not Permitted * Rental of Goods & Materials Not Permitted No On Site Storage * Satellite Dish Distribution Services Not Permitted * Saw Sharpening Services Permitted * Secretarial and Telephone Answering Services Permitted * Temporary Personnel Services Permitted * Security Patrol Services Not Permitted No more Than 2 Vehicles Stored On Site * Sewing and Alterations Permitted * Shoe and Tarp Repair Permitted * Tattoo Artist Permitted * Tea Cup Reader/Fortune Teller Permitted * Telemarketing Services Permitted * Touring and Guiding Services Permitted * Upholstery Shop Permitted * Vacuum Sales and Services Permitted * Vending Machine Distributor Not Permitted Not Stored on Site * By-law 1717-2006 Page 36 of 36 * Section 61. (2) (a) "An on-site home based business, shall not employ with or without pay, any person who is not a bona fide resident at the address specified in the license, unless the home based business is a dispatch office". (b) "An off-site home based business, shall not permit an employee with or without pay to attend at the address specified in the license in the course of his employment unless the employee is a resident at that address". SCHEDULE C City of Thompson Trading Area Communities Brochet, MB Cross Lake, MB Gilliam, MB Gods Lake Narrows Gods River, MB Ilford, MB Lac Brochet, MB LGD of Mystery Lake Nelson House, MB Norway House, MB Oxford House, MB Paint Lake Provincial Park Pikwitonei, MB Setting Lake Provincial Park Shamattawa, MB South Indian Lake, MB Split Lake, MB Tadoule Lake, MB Thicket Portage, MB Wabowden, MB York Landing