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The Corporation of the
Town of Arnprior
By-law Number 6769-17
A by-law of the Corporation of the Town of Arnprior to repeal and replace the by-law
which provides for Licencing and thereby regulating and governing certain trades,
callings, and businesses in the Town.
Whereas Part IV of the Municipal Act, 2001, S.O. 2001, c.25, as amended, (hereinafter
referred to as the Municipal Act) gives a municipality powers to provide for a system of
licencing; and
Whereas Part XIV of the Municipal Act provides for certain powers in relation to the
enforcement of municipal by-laws; and
Whereas Council of the Corporation of the Town of Arnprior deems it necessary for the
municipality to regulate specific businesses in the Town of Arnprior through a licencing
system; and
Whereas notice was provided to the public, in accordance with the Town's Notice Bylaw
to consider the adoption of this redeveloped Licencing By-law;
Now Therefore Be It Resolved That the Council of the Town of Arnprior enacts as
follows:
Consolidated Licencing By-Law
Includes Amending By-Laws No.
6933-19, 6970-19, 7046-20, 7095-
20, 7300-22 and 7569-25.
Page | 2
Contents of Licensing By-law
1.0
DEFINITIONS ...................................................................................................................................... 3
2.0
LICENCE REQUIREMENT .................................................................................................................... 9
3.0
OBTAINING A LICENCE .................................................................................................................... 10
4.0
ISSUE & BEARING OF LICENCES ....................................................................................................... 12
i)
Transferability, Change of Ownership, Change of Location: ....................................................... 13
j)
Display of Licence .......................................................................................................................... 13
k)
Alterations of Licence Prohibited ................................................................................................. 14
5.0
COMPLIANCE WITH OTHER LAWS REQUIRED ................................................................................. 14
6.0
OTHER PROVISIONS - BUILDING CODE/ BUILDING PERMIT APPROVAL/ EXEMPTION REQUESTS . 14
7.0
INVESTIGATIONS ............................................................................................................................. 14
8.0
INSPECTIONS ................................................................................................................................... 15
9.0
ORDERS & REMEDIAL ACTIONS....................................................................................................... 16
10.0
REFUSAL TO ISSUE OR RENEW A LICENCE ...................................................................................... 17
11.0
REVOKING OR SUSPENDING A BUSINESS LICENCE ......................................................................... 17
12.0
APPEAL PROCESS ............................................................................................................................. 18
e)
Hearing of Appeals: ....................................................................................................................... 19
13.0
OFFENCES ........................................................................................................................................ 21
14.0
INTERPRETATION ............................................................................................................................ 22
15.0
CONFLICT BETWEEN BY-LAWS ........................................................................................................ 22
16.0
SHORT TITLE .................................................................................................................................... 22
17.0
ENACTMENT .................................................................................................................................... 22
APPENDIX A - Downtown Core Map ........................................................................................................... 23
APPENDIX B - Business Licence Appeals Committee Terms of Reference .................................................. 24
APPENDIX C - Business Licence Requirements ........................................................................................... 25
SCHEDULE 'I' - Clothing Donation Bin/Drop Box & Other Donation Bin/Drop Boxes ......................... 25
SCHEDULE 'II' - Old Gold and/or Other Precious Metal Dealer ............................................................ 27
SCHEDULE 'III' - Pawnbroker .................................................................................................................. 28
SCHEDULE 'IV' - Hawker/Peddler........................................................................................................... 29
SCHEDULE 'V' - Mobile Canteen & Refreshment Stand/Vehicle & Ice Cream Stand/Bicycle .............. 30
SCHEDULE 'VI' - Market Vendor ............................................................................................................. 32
SCHEDULE 'VII' - Special Events ............................................................................................................. 37
SCHEDULE 'VIII' - Outdoor Sidewalk Patio Café .................................................................................... 38
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1.0
DEFINITIONS
"Applicant" means a person applying for a licence under this by-law.
"Application" means an application for a licence.
"Arnprior Market" means a vendor market, located in the Town of Arnprior and
administered by the Town.
"Article" means an individual object, item, or particular, that is either for sale or hire.
"Better Business Bureau (BBB)" a non-profit bureau, supported by business, whose
function is to receive and investigate customer complaints of dishonest business
practices. This bureau will be used by the Town of Arnprior, if a rating exists for a
particular business, as part of the reference check process prior to issuing a licence.
"Booth" means the area designated for a vendor to set-up and display their product(s).
The specifications of the booth will differ between events.
"Building By-law" means the Town of Arnprior Building By-law, as amended, or any
successor thereof.
"Building Code Act" means the Ontario Building Code Act, 1992, S.O. 1992, c. 23 and
all regulations thereto, as amended from time to time, or any successor thereof.
"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.
"Business Licence Appeals Committee" means the Committee appointed by
Council, to act as the appeals body, for the applicant appeals process. This Committee
shall be made up of one member of each of the following Council Advisory Committees:
the Community Development Advisory Committee, Corporate Services Advisory
Committee, Operations Advisory Committee. Meetings of the Business Licence Appeals
Committee will be chaired by the CAO, who will not vote.
Page | 4
"Charitable/ Charity Organization" means a charitable organization, public
foundation, or private foundation that was created and resides in Canada. The
organization/foundation must use their resources for charitable activities and have
charitable purposes that fall into one or more of the following categories:
- The relief of poverty
- The advancement of education
- The advancement of religion
- Other purposes that benefit the community.
"Chief Administrative Officer" means the person appointed as the Chief
Administrative Officer of the Town within the meaning of the Municipal Act and also
referred to herein as CAO.
"Chief Building Official" means the person appointed as the Chief Building Official of
the Town of Arnprior within the meaning of the Building Code Act, S.O. 1992, c. 23 as
amended;
"Clerk" means the person appointed as the municipal Clerk within the meaning of the
Municipal Act, and shall be referred to as the Clerk, or Town Clerk. In this by-law the
Clerk (and/or their designate) is the "Issuer of Licences."
"Clothing Donation Bin/Drop Box" means any receptacle used, or intended to be
used, in whole or in part, for the purpose of collecting clothing donated by the public.
"Corporation" means the Corporation of the Town of Arnprior.
"Council" or "Town Council" means the Council of the Corporation of the Town of
Arnprior.
"Daily Vendor" means a person or business who will be renting a space and selling
items at the municipally run Arnprior Market on a single occasion or irregularly.
"Deputy Clerk" means the person(s) appointed as the Deputy Clerk within the meaning
of the Municipal Act, and who has the same powers and authority of the Clerk.
"Donation Bin/ Drop Box" means a receptacle located outdoors, within the geographic
area that is under the Town of Arnprior's jurisdiction, and placed, installed, displayed,
operated, used, altered, or maintained for the purpose of collecting donated items from
the public, including but not limited to appliances, clothing, household items, metal,
paper, recyclables and toys, but does not include a receptacle under the jurisdiction of
the Town of Arnprior. For clarity, Clothing Donation Bins are the only type of donation
bin allowed in the Town of Arnprior.
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"Downtown Core" in this by-law means the Downtown Core Area in the Town of
Arnprior, consisting of Daniel Street North, from Madawaska Street to McGonigal Street,
McGonigal Street, from Daniel Street North to Hugh Street, Hugh Street, from
McGonigal Street Elgin Street West, Elgin Street West, from Madawaska Street to
Daniel Street North, Madawaska Street, from Eglin Street West to Daniel Street North,
and John Street North, from Madawaska Street to McGonigal Street, as depicted on the
map attached as Appendix A.
"Event Coordinator" means a person or organization who is responsible for the event
from which vendors are participating in.
"Farmer" means a person or business who raises and harvests animals or plants in a
controlled environment. Farming includes:
-
tillage of the soil (in other words, plowing, sowing, and raising crops);
-
raising or exhibiting livestock;
-
maintaining horses for racing;
-
raising poultry;
-
fur farming;
-
dairy farming;
-
fruit growing;
-
bee keeping
-
engaging in an aquaculture operation;
-
operating a woodlot;
-
planting, growing, and harvesting Christmas trees;
-
operating a nursery or greenhouse;
-
growing tobacco or medicinal marijuana, but not the manufacturing or processing
associated with these crops;
-
operating a chick hatchery;
-
operating a maple sugar bush, which may include extracting and collecting maple
sap; or
-
cultivating crops in water and hydroponics.
"Fire Chief" means the Fire Chief of the Town of Arnprior or his or her designate.
"Fire Protection and Prevention Act" means the Fire Protection and Prevention Act,
1997, S.O. 1997, c.4, and all regulations thereto, as amended from time to time, or any
successor thereof.
"Goods" is defined as any article of trade, ware or merchandise and includes, but is not
limited to, books, magazines, pictures, slides, film, phonograph records or discs,
prerecorded magnetic tapes, video discs and tapes, visual computer displays, reading,
viewing or listening matter, lotions, oils, ointments, clothing, jewelry, and food.
"Hawker/Peddler" means any person, or any retailer that has an employee or agent
who goes from place to place, on foot or in a vehicle for the purpose of:
Page | 6
- selling goods and/or services;
- entering into contracts for the sale of goods and/or services which are either to
be delivered on site or at a later date;
- promoting the sale of goods and/or services by encouraging individuals to come
to a person's regular place of business.
- any person or company who assembles groups of vendors to participate in a sale
in a particular place.
The term Hawker/Peddler shall have an identical meaning as that of "Transient Trader".
"Health Protection and Promotion Act" means the Health Protection and Promotion
Act R.S.O, 1990, c.H.7, and all regulations thereto as amended from time to time, or
any successor thereof.
"Ice Cream Stand/Bicycle" means a structure or bicycle, which is designed to be
capable of being used and used for the purpose of the sale or other dispensing of ice
cream and related frozen products (i.e. popsicles, slushy, etc.) intended for
consumption by the general public.
"Identification" means a current, valid government-issued:
- Drivers Licence
- Government Issued Photo Card
- Canadian Passport
- Canadian Citizenship Card
- Government Issued Birth Certificate
"Inspection" includes physical visit to a premises, where applicable, or a document
review or search.
"Issuer of Licences" means the Clerk or Deputy Clerk (and/or their designate) of the
Corporation of the Town of Arnprior or any other person so designated by the Council of
the Corporation to the position of "Issuer of Licences".
"Land" means any estate, easement, right or interest in, to, over or affecting land.
"Licence" means a licence issued by the Issuer of Licences pursuant to this by-law and
the appendices and schedules attached hereto.
"Licence Decal" means a decal issued to an owner/operator of a Clothing Donation
Bin/Drop Box, which shall be displayed on the licenced donation bin/drop box.
"Licensee" means a person who has been issued a licence pursuant to this by-law and
the appendices and schedules attached hereto and "licenced" shall have a
corresponding meaning.
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"Market Coordinator" means the person appointed by the Town of Arnprior's Chief
Administrative Officer responsible for organizing, coordinating and running the Arnprior
Market.
"Market Vendor" means a person or business who will be renting a space and selling
items at the municipally run Arnprior Market.
"Medical Officer of Health" means the Medical Officer of Health for the County of
Renfrew or his or her designate.
"Mobile Canteen" means a Refreshment Vehicle which food and drink are dispensed
for consumption by persons at their place of employment, throughout the Town and not
to the general public.
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
"Municipal By-law Enforcement Officer" means a by-law enforcement officer,
contracted and/or carried out by the municipality, of the Corporation of the Town of
Arnprior, and the person authorized by the Town to enforce this by-law and/or to carry
out inspections in relation to this by-law.
"Municipal Sidewalk" means that portion of a highway between the curb lines and the
property line of the lot abutting the highway and which is intended for the use of
pedestrians, which is under the jurisdiction of the Town of Arnprior.
"Not-For-Profit Organization" means an association, club, or society that is not a
charity and that is organized and operated exclusively for social welfare, civic
improvement, pleasure, recreation, or any other purpose except profit.
"Operator" means a person who, alone or with others, operates, manages, supervises,
runs, oversees, and/or controls a business.
"Old Gold and Other Precious Metals Dealer" means a business dealing in Old Gold
or other Precious Metals or other similar articles, including but not limited to buying,
selling, or trading such items.
"Outdoor Sidewalk Patio Café" means an outdoor area used on a seasonal basis in
association with an eating establishment where eating accommodation is provided and
where meals and/or refreshments are served to the public for consumption on the
premises and which is located on a municipal sidewalk.
"Owner" means all persons shown by the records of the municipality, to be the owner
of the lands on which business is operating, including any buildings on the lands, or the
authorized agent in lawful control of the lands on which the business is operating.
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"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, as defined in the
Pawnbrokers Act.
"Pawnbrokers Act" means the Pawnbrokers Act, R.S.O. 1990, c. P.6, as amended.
"Person" means not only an individual, but also a partnership, corporation, corporate
body and any association and the heirs, executors, administrators, successors and
assigns or other legal representatives thereof to whom the context may apply.
"Premises" means any land, including a building, structure, or installation and also
includes any vehicle, vessel, or conveyance used in the operation of the Business.
"Product" means the item or items a vendor will be displaying and selling at their
booth.
"Property Standards By-law" means the Town of Arnprior Property Standards By-law,
as amended, or any successor thereof.
"Refreshment Stand" means a structure, which is not able or intended to be relocated
readily (not on wheels), and is designed as to be capable of being used and is used for
the purpose of the sale or other dispensing of food, and/or drinks, intended for
consumption by the general public.
"Refreshment Vehicle" means a vehicle, which can be relocated readily (motorized or
on wheels), and which is designed as to be capable of being used and is used for the
purpose of the sale or other dispensing of food, and/or drinks, intended for consumption
by the general public.
"Seasonal Vendor" means farmer who will be renting a space and selling items at the
municipally-run Arnprior Market.
"Services" means an act and/or work that is done for others as an occupation or
business.
"Sidewalk" means and improved surface which is intended for the use of pedestrians,
which is privately owned and operated.
"Sign By-law" means the Town of Arnprior Sign and Merchandise Display By-law, as
amended, or any successor thereof.
"Site Plan" means a drawing to scale, in a form acceptable to the Issuer of Licences
and the Town Planner and/or Chief Building Official, setting out the design of the
premises, identifying all necessary spaces and areas of the land(s), buildings,
structures, installations, etc. which the owner or licensee has an interest.
Page | 9
"Special Event" means an exhibition, craft sale, concert, festival, or other organized
event where Special Event Vendors will be renting/purchasing spaces and selling goods
wares, and/or merchandise or offering for sale services to the general public, within the
Town of Arnprior on municipal property.
"Special Event Coordinator" means any person who organizes a Special Event
involving multiple Special Event Vendors at one location, on municipal property. In the
case of a Special Event the Special Event Coordinator will be the Applicant/Licensee.
"Special Event Vendor" means a person or business who will be renting a space
and/or selling items at an event run/held on municipal property within the Town of
Arnprior for which vendor spaces are made available.
"Town" means the Town of Arnprior.
"Town Planner" means the Planner of the Town of Arnprior.
"Transient Trader" has an identical meaning as that of "Hawker/Peddler", as defined
herein.
"User Fees and Charges By-law" means the Town of Arnprior User Fees and
Charges By-law, as amended, or any successor thereof.
"Zoning By-law" means the Town of Arnprior Zoning By-law, as amended, or any
successor thereof.
2.0
LICENCE REQUIREMENT
a)
No person shall carry on any Business or Special Event in the Town of Arnprior,
as outlined below in Section 2(b), without a Licence issued by the Corporation of
the Town of Arnprior:
b)
A Licence shall be obtained by the owner or operator from the Corporation for
any of the following businesses:
i.
Clothing Donation Drop Box & Other Donation Drop Boxes
(Appendix C - Schedule I)
ii.
Old Gold and/or Other Precious Metal Dealer (Appendix C - Schedule II)
iii.
Pawnbroker (Appendix C - Schedule III)
iv.
Hawker/Peddler (Appendix C - Schedule IV)
v.
Mobile Canteen & Refreshment Stand & Refreshment Vehicle
(Appendix C - Schedule V)
vi.
Market Vendor (Appendix C - Schedule VI)
vii.
Special Events (Appendix C - Schedule VII)
viii.
Outdoor Sidewalk Patio Café (Appendix C - Schedule VIII)
Page | 10
c)
For the purposes of this by-law, a person is deemed to be carrying on a Business
if engaged in the Business directly or if employing a person, directly or indirectly
to carry on or engage in the Business.
d)
Unless otherwise specified in this by-law, each Business, required to be licenced
under Section 2(b), must be licenced separately.
e)
Where more than one Business, requiring a licence, is operated at one Premise,
all applicable Licences are required for each business on the premise, and all
applicable fees must be paid in full, unless otherwise provided by this by-law.
f)
This by-law shall not apply to any activities carried on by the Town of Arnprior.
g)
Licences are issued by the Corporation and accepted by the licensee strictly in
accordance with the rules and regulations of this by-law, its appendices,
schedules and its amendments made from time to time.
3.0
OBTAINING A LICENCE
a)
Any person seeking to obtain a new licence shall submit to the Issuer of Licences
the applicable 'Business Licence Application Form', for the specified type of
licence being acquired.
i. The Issuer of Licences, under the direction of the CAO is authorized to
create and/or modify the applicable "Business Licence Application
Forms" for each specified licence, ensuring the application form content
is consistent with this by-law.
b)
On the application of a licence or the renewal thereof, respecting any of the
businesses set out in this by-law (Section 2(b)), all applicants shall (if applicable
as per the respecting schedule, of Appendix C, of this by-law pertaining to the
type of licence):
i.
complete the appropriate 'Business Licence Application Form', for the
specified licence being acquired
ii.
provide a copy of approved government issued identification
iii.
proof of Business Registration from the Province of Ontario
- As per Canada Revenue Agency/ Provincial, rules and
regulations for requiring a business registration in the province of
Ontario.
iv.
The applicant/licensee shall, at their expense obtain and keep in force
during the term of the Licence, Commercial General Liability Insurance
satisfactory to the Town of Arnprior insurer and underwritten by an
insurer licensed to conduct business in the Province of Ontario. The
policy shall provide coverage for Bodily Injury, Property Damage and
Personal Injury and the Town shall be a named insured in the policy.
v.
provide a site plan, which is approved by the Town Planner and/ or Chief
Building Official
Page | 11
vi.
provide a Health Unit Certificate of Approval
vii.
provide a TSSA Certified Propane Fitter Inspection Certificate
viii.
provide a letter of permission from the property owner
ix.
provide three municipal references
x.
provide a criminal background check for each employee
xi.
have historic compliance with all by-laws and applicable legislation prior
to renewal
xii.
have a clean Better Business Bureau Record, with a minimum grade of
B+ (87%), where a rating of the business is available
xiii.
pay the corresponding licence fee, as outlined in the Town of Arnprior
User Fees and Charges By-law, as amended.
c)
All licences shall be issued in accordance with the provisions of this by-law and
the corresponding schedules, of Appendix C, for various licence types.
d)
It is the responsibility of the Special Event Coordinator, for Special Events held
on municipal property within the Town of Arnprior, to ensure that all Special
Event Vendors at their event have, all applicable and required documentation/
approvals, for the duration of the event.
e)
The Issuer of Licences shall be responsible for ensuring the necessary
information and investigations are provided to the satisfaction of the Issuer of
Licences and completed, prior to issuing a licence.
f)
The Issuer of Licences shall not accept any application for a Business Licence, if
any of the Applicants are under the age of 18 years, except in the case of an Ice
Cream Stand/Bicycle, where the applicant must be a minimum of fifteen (15)
years of age, and if the applicant is under the age of 18, a parent is required to
sign the application form, and thus become one of the Licensee's.
g)
If an agent is applying on behalf of an Applicant a signed letter from the Applicant
who designated the agent, with a copy of ID to verify the signature, is required.
h)
No licence shall be issued unless and until full payment, pursuant to the User
Fees and Charges By-law, as amended, has been received by the Town of
Arnprior, and any and all fines or outstanding payments to the Town of Arnprior
have been paid in full.
i)
Every licence issued, shall be valid for one calendar year (January 1st -
December 31st), unless it is a temporary/ seasonal licence, where the licence
would be valid for one (1) week or one (1) season, as outlined in the special
conditions section of the schedules (attached hereto), of Appendix C, for each
individual licence (i.e. Old Gold & Other Precious Metal Dealer; Market Vendor,
Special Event Vendor, Outdoor Sidewalk Patio Café).
Page | 12
j)
Any Licence that is not renewed by the expiry date, with a new licence, under this
By-law will expire and is no longer valid.
k)
The Issuer of Licences may, as a courtesy, notify the Applicant in writing of the
status of their expired Business Licence after the date of expiry, giving the
applicant ten (10) calendar days to renew the licence, without penalty.
l)
Every Business Licence shall cease to be valid if the Business ceases to
operate.
4.0
ISSUE & BEARING OF LICENCES
a)
The Issuer of Licences is authorized to issue and renew Licences in accordance
with this By-law.
b)
All Licences issued shall be signed by the Issuer of Licences or his/her
designate.
c)
All Licences issued will be issued to the Applicant and bear the name of the
Applicant, and their Business or Special Event (where applicable).
d)
The Issuer of Licences may revise the Licence where the licence contains an
error.
e)
Where, at any time, there is a change in, or relating to, any of the information or
documents required to be filed with the Town, under this by-law, the Applicant or
Licensee, shall report the change in writing to the Issuer of Licences no later
than ten (10) calendar days, following the change.
f)
Any changes to the site plan, shall require written approval from the Town of
Arnprior, in consultation with the Town Planner and/or Chief Building Official,
and a copy of the new approved site plan shall be kept on file by the Issuer of
Licences.
g)
No licence shall be issued to a business, to operate on a municipal property,
unless otherwise specified in this bylaw and/or the appendices and schedules
attached hereto (i.e. Market Vendor, Special Events, Outdoor Sidewalk Patio
Café).
h)
In the case of Special Events, the Special Event Coordinator shall ensure that
no Special Event Vendor is permitted to operate at the Special Event unless
such vendor has been identified on the application made to the Issuer of
Licences.
Page | 13
i)
Transferability, Change of Ownership, Change of Location:
i.
Every Licence issued under this by-law shall be personal to the
licensee(s) indicated on the Licence, and to the location as indicated on
the Licence. Licences shall be transferrable from person to person and/or
location to location, if approved by the Issuer of Licences.
ii.
Unless otherwise approved by the Issuer of Licences, a Licence shall be
deemed to be void immediately upon change of ownership or location of
the business, or upon discontinuity of the business.
iii.
Subletting of a Licenced Business/ Market Vendor is not permitted under
any circumstance.
j)
Display of Licence
i.
Every Licensee shall ensure that the Licence/ Licence Decal issued by the
Town of Arnprior, is posted on/within the premises of the business, which
the Licence applies and is operated, in a conspicuous place, clearly visible
to persons entering the premises, at all times during the hours of operation
of the business.
ii.
Notwithstanding Section 4(h)(i), every Licensee shall ensure that, where
the Licence does not apply to a specified premises, that the Licence is in
the Licensee's possession at all times while engaged in the business for
which the Licence was issued.
iii.
Such person(s) referred to in Section 4(h)(ii) above, and all other persons
in possession of a Town issued Licence, shall produce such Licence
immediately to the Issuer of Licences or a Municipal By-law Enforcement
Officer, upon request.
iv.
No person, other than the Licensee, shall carry or possess a Licence
issued by the Town of Arnprior, while engaging in the business for which
the Licence was issued.
v.
If at any time, the bearer of a Town issued Licence is not the Licensee, the
Issuer of Licences or the Municipal By-law Enforcement Officer may seize
the Licence in question, and hold the Licence for safekeeping until it can
be returned to the Licensee, and the Licensee is deemed to not be acting
in poor faith/ against the regulations listed in this by-law.
vi.
Every Licensee shall ensure that the Licence is not posted or displayed, or
held out as valid, when the Licence has expired or has been revoked or
suspended pursuant to this by-law.
vii.
Every Licensee shall ensure that the business to which the Licence
applies is not advertised or promoted or carried on under any name other
than the name endorsed upon the Licence issued to the Licensee.
viii.
Every Special Event Coordinator to which a Special Event Licence has
been issued, shall maintain up-to-date documents which accurately record
a complete list of Special Event Vendors, their designated location on the
event premises, and type of vendor and items being sold, as well as all
required documentation, as outlined in Schedule VII. This record should
Page | 14
be kept at the event and be able to be produced to the Issuer of Licences
and/or their designate or other Enforcement Officer (such as Fire Chief,
Chief Building Official, Health Unit Officer, etc.).
k) Alterations of Licence Prohibited
i.
No person shall alter or deface a Licence issued by the Town of Arnprior
in any way.
ii.
Every Licensee shall ensure that the Licence is not altered or defaced in
any way.
5.0
COMPLIANCE WITH OTHER LAWS REQUIRED
a)
The issuance of a Licence under this by-law does not permit or condone the
violation of any by-law, statute, order, or regulation in effect in the Town of
Arnprior, County of Renfrew, Ontario, or Canada and it shall be the
responsibility of the Licensee to ensure that such applicable legislation is
complied with at all times. Failure to comply with the Regulations of this by-law
could result in the license being revoked or suspended.
b)
Licences issued under the authority of this by-law are in accordance with the
fees set out in the User Fees and Charges By-law, as amended.
6.0
OTHER PROVISIONS - BUILDING CODE/ BUILDING PERMIT APPROVAL/
EXEMPTION REQUESTS
a)
All necessary/ applicable building permits must have been applied for, approved
and issued by the Chief Building Official, in accordance with the Ontario
Building Code Act and Town Building By-law, as amended.
b)
In regards to Special Events, the Special Event Coordinator is responsible for
notifying the Clerk's Office of the Town of Arnprior of any intent to obtain a noise
by-law exemption and is responsible to obtain that exemption, if applicable. The
Special Event Coordinator is also responsible to ensure all other approval
authorities have been notified of the event and all necessary permits and
approvals have been obtained.
7.0
INVESTIGATIONS
a)
The Issuer of Licences may subject to the provisions of this by-law, upon receipt
of an application, make or cause to be made any necessary investigation
required by law, by-law, or by the Corporation, relative to such Licence
Application.
b)
If the licencee fails to comply with the investigation, existing by-law, or any part
of the application process, the Issuer of Licences shall refuse to issue, revoke,
suspend, or refuse to renew the Licence applied for, and shall give notice of
their refusal within ten (10) calendar days of completing the necessary
investigations which resulted in the decision, and such refusal to renew shall be
deemed to be a refusal to issue the Licence applied for.
Page | 15
c)
If the investigations required for licencing do not disclose any reason to believe
the carrying on of the said business may result in a breach of the law or this by-
law, the Issuer of Licences shall within ten (10) calendar days of receipt of the
completed application and completion of all necessary investigations, issue the
applicable Licence to the applicant.
8.0
INSPECTIONS
a)
Subject to the provisions of this by-law, and the Municipal Act, a Municipal
Enforcement Officer, accompanied by any person as deemed appropriate such
as but not limited to the Fire Chief or Chief Building Official, may at any
reasonable time enter onto or into any premises for the purpose of carrying out
an inspection to determine whether or not the following are being complied with:
i.
Any provision of this by-law;
ii.
A direction or order of a Municipal By-law Enforcement Officer or of the
municipality made under this by-law or made under an Act in relation to
the subject matter of this by-law;
iii.
A condition of a Licence issued under this by-law;
iv.
An order made under Section 431 of the Municipal Act, 2001, in relation to
the subject matter of this by-law.
b)
For the purposes of an inspection under Section 7(a), a Municipal By-law
Enforcement Officer may:
i.
Inspect documents or things relevant to the inspection;
ii.
Require information from any person concerning a matter related to the
inspection;
iii.
Alone or in conjunction with a person possessing special or expert
knowledge (i.e. OPP), make examinations or take tests, samples, or
photographs necessary for the purpose of the inspection.
c)
It shall be a condition of every Licence issued under this by-law that the Licensee
shall allow a Municipal By-law Enforcement Officer, and any person under his or
her direction, to carry out such inspections as are authorized pursuant to this by-
law.
d)
As Section 436 of the Municipal Act, authorizes a municipality to enter on
land for the purpose of carrying out an inspection to determine compliance; A
Municipal Enforcement Officer may, at any reasonable time enter and inspect
land to determine if this By-law has been complied with.
e)
No person shall obstruct or attempt to obstruct any person, including a Municipal
Enforcement Officer, having authority for the enforcement or administration of
this by-law.
i.
For the purposes of this clause "obstruct" means to hinder, mislead,
provide false information or make a false statement, or to prevent or
Page | 16
attempt to prevent the execution of a power or duty, and without limiting
the foregoing, includes:
- Providing false or misleading information;
- Failing to identify oneself in accordance with this by-law;
- Preventing, barring, or delaying or attempting to prevent, bar, or
delay entry or inspection by a Municipal By-law Enforcement
Officer, or any person under his or her direction, or who have
jurisdiction of entry to a premises by way of an Act or Regulation,
including by not limited to the removal of documents or things
relevant to the inspection, or the taking of any tests, samples, or
photographs necessary for the purposes of the inspection;
- Preventing, barring, or delaying or attempting to prevent, bar, or
delay a Municipal By-law Enforcement Officer, or any person under
his or her direction, or who have jurisdiction of entry to a premises
by way of an Act or Regulation, from carrying out his or her duties
or exercising his or her powers under this by-law;
- Failing to provide, upon request, any information, documents or
things relevant to an inspection, including without limitation, any
documents specifically required to be kept or provided by the by-
law;
- Failing to surrender a Licence, upon request by a Municipal By-law
Enforcement Officer.
9.0
ORDERS & REMEDIAL ACTIONS
a)
If a Municipal By-law Enforcement Officer is satisfied that a contravention of this
by-law has occurred, the Municipal By-law Enforcement Officer may make an
order requiring the person who contravened the by-law to discontinue the
contravening activity.
b)
If a Municipal By-law Enforcement Officer is satisfied that a contravention of this
by-law has occurred, the Municipal By-law Enforcement Officer may make an
order requiring the person who contravened the by-law to do work to correct the
contravention.
c)
An order shall set out:
i.
Reasonable particulars of the contravention, which are adequate in
identifying the contravention and the location of the land on which the
contravention occurred;
ii.
Any work to be done (if applicable);
iii.
The date the contravention occurred; and
iv.
The date by which there must be compliance with the order.
d)
No person shall fail to comply, in whole or in part, with an order issued.
Page | 17
10.0 REFUSAL TO ISSUE OR RENEW A LICENCE
a)
The Issuer of Licences may refuse to issue or renew a Licence:
i.
if all orders required have not been complied with;
ii.
if all necessary inspections/ investigations required under this by-law have
not passed approval;
iii.
where the conduct of the Applicant or Licensee, including the conduct of
any officer, director, employee or agent of an Applicant or Licensee,
affords reasonable cause to believe that the Applicant or Licensee will not
carry on or engage in the business in accordance with the law or with
honesty and integrity;
iv.
where the issuance of the Licence, or renewal of the Business Licence,
would be contrary to the health, safety or wellbeing of people in the Town
of Arnprior;
v.
where the Applicant or Licensee has past convictions under this by-law, or
any other by-law, statute or regulation relating to the business;
vi.
where the Applicant or Licensee is carrying on an activity in relation to the
business that is, or will be, in contravention of this by-law or any other by-
law, statute or regulation;
vii.
where it is determined that the business does not comply with applicable
legislation such as but not limited to the Building Code, and Building Code
Act, Building By-law, Zoning By-law, Fire Protection and Prevention Act,
Health Protection and Promotion Act, and the Property Standards By-law;
viii.
where there is a Court order, or any federal or provincial order ceasing the
activity of the business;
ix.
where a business has ceased to operate; or
x.
upon such other grounds as are set out in this By-law.
b)
The Issuer of Licences shall give notice of their refusal within ten (10) calendar
days of completing the necessary investigations which resulted in the decision,
and such refusal to issue or renew shall be deemed to be a refusal to issue the
Licence applied for.
11.0 REVOKING OR SUSPENDING A BUSINESS LICENCE
a)
The Issuer of Licences may suspend or revoke a Licence, for failing to comply
with any of the following:
i.
where the conduct of the Licensee, including the conduct of any officer,
director, employee or agent of a Licensee, affords reasonable cause to
believe that the Applicant or Licensee will not carry on or engage in the
business in accordance with the law or with honesty and integrity;
ii.
where the continuation of the Licence would be contrary to the health,
safety or wellbeing of people in the Town of Arnprior;
Page | 18
iii.
where the Licensee is convicted of an offence or has convictions under
any provision of this by-law, or any other by-law, statute or regulation
relating to the business;
iv.
where the Licensee is carrying on an activity in relation to the business
that is in contravention of this by-law, or any other by-law, statute or
regulation;
v.
where it is determined that the business does not comply with applicable
by-laws/ legislation such as but not limited to the Building Code, and
Building Code Act, Building By-law, Zoning By-law, Fire Protection and
Prevention Act, Health Protection and Promotion Act, and the Property
Standards By-law;
vi.
where the Licence was issued in error based on incorrect or incomplete
information provided by the Applicant;
vii.
where the Licensee would be disentitled to a Licence for any other reason
set out in this by-law.
b)
A Licence issued under this by-law shall remain in effect until a decision to
revoke or suspend the Licence has been made by the Issuer of Licences, and if
appealed by the applicant, the Business Licence Appeals Committee.
c)
When the Issuer of Licences', and if appealed by the applicant the Business
Licence Appeals Committee's, final decision is to revoke or suspend a Licence,
no portion of the Licence fee is refundable.
d)
In the case of an appeal by the applicant, the Issuer of Licences shall give notice
to the Applicant or Licensee, of the Business Licence Appeals Committee's
decision to revoke or suspend the Licence in question, within ten (10) calendar
days of the Business Licence Appeals Committee's decision.
e)
When a Licence has been revoked or suspended, the holder of the Licence shall
return the Licence to the Issuer of Licences within two (2) calendar days of the
service of the written notice of the decision of Business Licence Appeals
Committee (as per Section 12(d)) excluding Saturdays, Sundays and Statutory
Holidays observed in the Province of Ontario.
12.0 APPEAL PROCESS
a)
Where the Issuer of Licences refuses to issue or renew a Licence, or
recommends the suspension or revocation of a Licence:
i.
the Issuer of Licences shall send written notice advising the Applicant or
Licensee of the refusal, or of the recommendation to suspend or revoke
the Licence;
Page | 19
ii.
the written notice of the Issuer of Licences shall be sent to the Applicant or
Licensee at the address of the Applicant or Licensee provided on the
Application, or where a change of information has been provided by the
Applicant or Licensee regarding address, at the address reflecting that
change of information;
iii.
the written notice shall:
- set out the grounds for the refusal or recommendation;
- give reasonable particulars of the grounds;
- be signed by the Issuer of Licences; and
- indicate the final date and time by which the Applicant or Licensee
may appeal the decision, to refuse to issue or renew the Licence, or
request a hearing before the Business Licence Appeals Committee
regarding the recommendation for suspension, revocation, or refusal
and the method for doing so, as set out in this Section of the
Licencing By-law.
b)
The Applicant or Licensee may appeal the decision to refuse, suspend, revoke,
or not renew, a Licence through the means of an application for a hearing before
the Business Licence Appeals Committee of the Corporation of the Town of
Arnprior, regarding the recommendation of the Issuer of Licences, and pay a fee
as outlined in the Town's User Fees and Charges By-law, as amended.
c)
An application for an appeal must be received by the Issuer of Licences, from the
Applicant(s) or Licensee(s), no later than ten (10) calendar days from the date
the notice of refusal, suspension, or revocation was sent.
d)
If no written request for an appeal is received from the Applicant(s) or
Licensee(s) before the deadline, as set out in Section 12(c) above, regarding the
decision to refuse, suspend, revoke, or not renew a Licence:
i.
No extension of the time to request an appeal will be granted;
ii.
In the case of a refusal, suspension, or revocation the decision of the
Issuer of Licences will be final;
e)
Hearing of Appeals:
i.
An Applicant or Licensee who has applied for a review of the Issuer of
Licences decision, will be given an opportunity to make written
representations to or to appear before the Business Licence Appeals
Committee of the Corporation of the Town of Arnprior when it reviews the
matter.
ii.
The Business Licence Appeals Committee will review the matter and may
affirm the decision of the Issuer of Licences or direct the Issuer of
Licences to issue, renew, or reinstate the licence.
Page | 20
iii.
The following procedure shall be followed for hearings relating to the
refusal, suspension, revocation, and decision to not renew any Licence
under this by-law:
-
The appeal hearing shall take place at a scheduled meeting of the
Business Licence Appeals Committee of the Corporation of the Town
of Arnprior;
-
The Issuer of Licences shall circulate copies of all reports from the
Issuer of Licences and any officers, inspectors, investigators,
employees of the corporation or other municipal, provincial, or federal
agencies, police officers or Medical Officers of Health, who may be
involved in the matter, to the Applicant, Licensee or any other Person
to whom notice of the hearing has been given; ten (10) calendar days
of notice will be provided to the public, of the hearing.
- The Applicant or Licensee, either personally or through an agent or
lawyer, shall be afforded an opportunity to present such material and
evidence relevant to the issue before the Business Licence Appeals
Committee of the Corporation of the Town of Arnprior, and may ask
questions of any person presenting evidence, relating to the evidence
presented, or of any author of a report to the Business Licence
Appeals Committee relevant to the said issue;
- The Business Licence Appeals Committee of the Corporation of the
Town of Arnprior may afford any other person who appears to have
an interest in the matters under discussion, an opportunity to present
material and evidence relevant to the issue at hand;
- Any person presenting evidence relevant to the hearing must be
present to answer questions in relation to that evidence.
- The Business Licence Appeals Committee shall, after hearing the
evidence and submissions made at the hearing, make a decision by
way of a motion:
➢ That the licence be granted, refused, suspended, or revoked
with or without conditions, relevant to the subject of the
hearing, or as agreed to by the Applicant.
➢ In the case of a recommendation to suspend a Licence, that
the suspension of a Licence be for such length of time as
deemed appropriate by Business Licence Appeals
Committee in their motion.
➢ The recommendation, by way of motion shall set out the
recommendation(s) and state the grounds or basis for the
Issuer of Licences, and ultimately the Business Licence
Appeals Committee's final decision.
Page | 21
iv.
If the Applicant or Licensee who has been sent notice of the hearing does
not appear at the appointed time and place of the hearing, the Business
Licence Appeals Committee of the Corporation of the Town of Arnprior,
may proceed with the hearing in the absence of the Applicant or Licensee
and if so, the Applicant or Licensee shall not be entitled to any further
proceeding or any further notice of the proceedings; but shall be sent a
copy of the recommendation made by the Business Licence Appeals
Committee of the Corporation of the Town of Arnprior.
v.
The Business Licence Appeals Committee of the Corporation of the Town
of Arnprior's decision to grant, refuse, suspend or revoke a Licence shall
be final.
vi.
Notwithstanding any other provision of this By-law, Council may, if satisfied
that the continuation of a business poses an immediate danger to the
health or safety of any person or to any property, for the time and on such
conditions as it considers appropriate, without a hearing, suspend a
Licence for a period of time deemed necessary to rectify the issue, causing
the danger to health and safety, and or revoke the licence if the issue is not
able to be rectified within fourteen (14) calendar days.
13.0 OFFENCES
a) Every Person who contravenes any provision of this By-law, including any
appendix and/or schedule attached hereto, is guilty of an offence as provided for
in subsection 429 of the Municipal Act, 2001, and upon conviction, is liable to a
fine as provided for in the Provincial Offences Act.
b) A person who is convicted of an offence under this by-law is liable to a minimum
fine of $250.00 and a maximum fine of $100,000.00 as provided for in subsection
429 (3)1 of the Municipal Act, 2001. Each day a contravention continues may be
deemed to be a separate offence.
c) A person who is convicted of an offence under this by-law is liable, for each day
or part of a day that the offence continues, to a minimum fine of $250.00 and a
maximum fine of $10,000.00 and the total of all daily fines for the office is not
limited to $100,000.00 as provided for in subjection 429(3) 2 of the Municipal Act,
2001.
d) When a person has been convicted of an offence under this by-law, the Superior
Court of Justice or any court of competent jurisdiction thereafter, may, in addition
to any penalty imposed on the person convicted, issue an order:
i.
prohibiting the continuation or repetition of the offence by the
person convicted; and
ii.
requiring the person convicted to correct the contravention in the
manner and within the period that the court considers appropriate.
Page | 22
14.0 INTERPRETATION
a) Each section of this by-law and every part of each section is an independent
section or part of a section, and the holding of any section or part thereof to be
void or ineffective for any cause shall not be deemed to affect the validity of any
other sections or parts thereof.
b) Headings are for reference purposes only and shall not affect in any way the
meaning or interpretation of the provisions of this by-law.
c) Where any expression of time is mentioned in this by-law, or utilized with regard
to this by-law, the time referred to shall be the time observed locally.
d) This by-law includes the Appendices and Schedules annexed hereto and the
Appendices and Schedules are hereby declared to form part of this by-law.
15.0 CONFLICT BETWEEN BY-LAWS
a) In the event that there is a conflict or discrepancy between this and any other
by-law with regard to licencing, this by-law shall prevail.
16.0 SHORT TITLE
a) This by-law may be referred to as the "Licencing By-law".
17.0 ENACTMENT
That by-law 6695-17, as amended, is hereby repealed and replaced by this by-
law upon enactment which shall come into full force and take effect upon the date
of its passing.
Enacted and Passed this 27th day of November, 2017.
______________________________
____________________________
Tom Burnette, Deputy Mayor
Maureen Spratt, Clerk
Page | 23
APPENDIX A - Downtown Core Map
Page | 24
APPENDIX B - Business Licence Appeals Committee Terms of Reference
Mandate
The mandate of the Business Licence Appeals Committee is to hear appeals as
permitted by this Licencing By-law of the Corporation of the Town of Arnprior.
Goals/Objectives:
The Business Licence Appeals Committee's objective is to confirm, modify, or rescind
the decisions made by the Issuer of Licences as it relates to this Licencing By-law.
Decisions of the Business Licence Appeals Committee are final.
Enabling Legislation:
This Licencing Bylaw and the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22
Committee Composition:
The Business Licence Appeals Committee shall consist of three (3) members of the
public, one Citizen Member from each of the Town of Arnprior Advisory Committees, for
the term of Council and the CAO who shall chair the hearing but shall not vote.
Administration
The Town of Arnprior Procedure By-law and Council Code of Conduct, along with
Roberts Rules of Order shall be followed by the Business Licence Appeals Committee
when conducting hearings and making decisions.
Page | 25
APPENDIX C - Business Licence Requirements
SCHEDULE 'I' - Clothing Donation Bin/Drop Box & Other Donation Bin/Drop Boxes
1. Applicable To
Clothing Donation Bins, which include any receptacle used, or intended to be used, in whole or in part,
for the purpose of collecting clothing donated by the public.
2. Exemptions
a) No other type of donation bin/ drop box, including but not limited to, those defined in this by-law, are
allowed to be operated in the Town of Arnprior.
b) This clause excludes donation/dispensing bins (i.e. E-Waste, Metal, etc.) under the jurisdiction of the
Town of Arnprior.
3. Licence Fee
As per the Town of Arnprior User Fees and Charges By-law, as amended.
4. Mandatory Licencing Application Requirements
a) Complete a Clothing Donation Bin/Drop Box Business Licence Application Form
b) Provide a copy of approved government issued identification
c) Provide proof of Charity Registration from the Province of Ontario
d) Provide Proof of General Liability Insurance (see Section 3(b)(iv) of the By-law)
e) Provide a site plan, which is approved by the Town Planner and/or Chief Building Official of the
Donation Box(es) location(s) and size(s)
f) Provide a letter of permission from the property owner
g) Have historic compliance with all by-laws and applicable legislation prior to renewal, and not have
had their donation bin/ drop box towed away in any previous year, by the municipality.
5. Special Conditions - Clothing Donation Bins/Drop Boxes
a) General Special Conditions:
i.
Shall not be permitted within the Town of Arnprior without a licence to do so and an approved
site plan.
ii.
Shall not be permitted on Residential Properties in the Town of Arnprior, with no more than two
(2) Clothing Donation Bins/Drop Boxes being permitted on any one non-residential, Planner
approved, property in the Town of Arnprior.
iii.
Shall not be permitted on Town Property, unless it is a bin authorized and operated specifically
by the Corporation of the Town of Arnprior.
iv.
A "Registered Charity/ Charitable Organization" or Registered "Not-For-Profit Business", are the
only owners allowed to operate a Clothing Donation Bin/Drop Box in the Town of Arnprior.
v.
No "For-Profit" Businesses shall be allowed to operate/ be licenced to operate a Clothing
Donation Bin/Drop Box in the Town of Arnprior
b) Physical Conditions of Clothing Donation Bins/Drop Boxes:
i.
Shall conform to the Town of Arnprior Property Standards and Clean Yards By-laws, as
amended.
ii.
Every donation bin/drop box shall be clean, rust free, in good repair, and free of vandalism and
graffiti.
Page | 26
iii.
All clothing donation bins/drop boxes shall not be spilling over/out, and must be collected on a
regular basis, prior to the bin/drop box overflowing.
iv.
All areas immediately adjacent to every donation bin/drop box shall be clean and free of litter,
refuse and debris at all times.
v.
All donation bins/drop boxes shall have a self-closing deposit door/hatch, and, if it has any other
point of entry, each other point of entry shall be locked at all times when the bin/drop box is
unattended.
vi.
All donation bins/drop boxes located on a property shall not be un-stocked/un-utilized for a
period longer than Thirty (30) consecutive calendar days.
vii.
Every donation bin/drop box shall have the appropriate information affixed to the bin/drop box at
all times as per this Schedule, 5(c) below.
c) Information to be Affixed to Every Clothing Donation Bin/Drop Box:
i.
Name, address, and valid telephone number of the owner of the Clothing Donation Bin/Drop
Box;
ii.
Registered Charity Number or Not-For-Profit Business Number;
iii.
The words "Charitable Organization" or "Not-For-Profit Organization";
iv.
A Valid Licence Decal, issued by the Town of Arnprior, in a conspicuous place, clearly visible to
the public.
v.
All information required to be affixed to every Clothing Donation Bin/Drop Box shall be in a font
not less than 150 in Font Size, and in a contrasting colour to the bin/drop box.
d) Location of Clothing Donation Bins/Drop Boxes:
i.
Shall remain in the location designated on the approved site plan;
ii.
Shall be placed in a location which does not create a visual obstruction for vehicular or
pedestrian traffic;
iii.
Shall not be on a municipal sidewalk;
iv.
Shall not be on a private sidewalk having a width of 2 meters or less;
v.
Shall not be within 3 meters of a driveway/ entrance/exit;
vi.
Shall not be within any curb radius;
vii.
Shall not be partially or wholly in front of an accessibility ramp;
viii.
Shall not be placed in a manner as to make entrance/exit from adjacent parked vehicles difficult;
ix.
Shall not be on top of or blocking a sewer, hydro, or other utility access cover or valve;
x.
Shall not be within 3 meters of a fire hydrant.
xi.
The Town of Arnprior may require the movement or re-location of any Clothing donation bin/drop
box, if the movement or re-location is necessary for:
- Pedestrian, vehicular, or public safety;
- Construction, maintenance, or repair of a highway, roadway, public utility or public
service;
- A Special Event;
- In no event shall the Town of Arnprior be liable, or in any way responsible, for any loss,
damage or cost incurred by an operator, due to the movement or re-location of any
Clothing donation bin/drop box.
e) Tow Away Clause:
i.
If a Clothing donation bin/drop box is found to be in contravention of this by-law and its
stipulations, and the Town of Arnprior has not been able to get the owner/operator to rectify the
issue(s)/ contraventions in a reasonable timeframe of two (2) weeks, the bin/drop box may be
towed by the Town of Arnprior to a location specified by the Town of Arnprior, for the
owner/operator to pick-up, at their expense.
Page | 27
SCHEDULE 'II' - Old Gold and/or Other Precious Metal Dealer
1. Applicable To
All temporary, seasonal, or annual Old Gold and/or Other Precious Metal Dealers, meaning in the
business of dealing in Old Gold and/or Other Precious Metals or other similar articles, including but not
limited to, buying, selling, or trading such items.
2. Exemptions
None
3. Licence Fee:
As per the Town of Arnprior User Fees and Charges By-law, as amended.
4. Mandatory Licencing Application Requirements:
a) Complete an Old Gold and/or Other Precious Metal Dealer Business Licence Application Form
b) Provide a copy of approved government issued identification
c) Provide proof of Business Registration from the Province of Ontario (if applicable/available)
d) Provide Proof of General Liability Insurance (see Section 3(b)(iv) of the By-law)
e) Provide a site plan/ intended location (non-residential), which is approved by the Town Planner
and/or Chief Building Official of the location where the Dealing will be taking place
f) Provide a letter of permission from the property owner
g) Provide a Criminal Record Background Check for each employee/ individual who will be involved
in the dealing
h) Have historic compliance with all by-laws and applicable legislation prior to renewal
5. Special Conditions - Old Gold and/or Other Precious Metal Dealer
Old Gold and/or Other Precious Metal Dealers:
a) Shall not be permitted within the Town of Arnprior without a licence to do so and an approved
location.
b) Shall not be permitted on Residential Properties in the Town of Arnprior.
c) Must obtain government issued identification with photograph and name of person selling,
exchanging, or disposing of Old Gold or Other Precious Metals.
d) Shall not accept items from any person who is known to be or appears to be under the age of
eighteen (18) or under the influence of alcohol, drugs, or vulnerable for any other reason.
e) A register of each item obtained must be maintained by the dealer, and made available to the
Ontario Provincial Police (OPP), and/or the Town of Arnprior at their request. The register entries
shall be made at the time of acquisition, or immediately thereafter, and shall include the date and
time of the purchase or exchange, the full description of the article(s), the price paid therefor, and
the name and address and description of the person from whom the purchase or exchange was
made.
f) All Old Gold and/or Other Precious Metals obtained through the course of business, must be kept
in a safety deposit box on location or at an alternate location in the Municipality, approved by the
Issuer of Licences for a minimum of seven (7) days.
g) The Old Gold and/or Other Precious Metals Dealer must notify the Issuer of Licences each time
an event is to be held if the Business is not operational on a daily basis.
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SCHEDULE 'III' - Pawnbroker
1. Applicable To
Every person who carries on the business of a pawnbroker, as defined in this by-law/ the Pawnbrokers
Act (i.e. carries on the business of taking by way of pawn or pledge any article for the repayment of
money lent thereon).
2. Exemptions
None
3. Licence Fee
As per the Town of Arnprior User Fees and Charges By-law, as amended.
4. Mandatory Licencing Application Requirements
a) Complete a Pawnbroker Business Licence Application Form
b) Provide a copy of approved government issued identification
c) Provide proof of Business Registration from the Province of Ontario (if applicable/ available)
d) Provide Proof of General Liability Insurance (see Section 3(b)(iv) of the By-law)
e) Provide a site plan/ intended location (non-residential), which is approved by the Town Planner
and/or Chief Building Official of the location where the Pawnbroker is performing their business.
f) Provide a letter of permission from the property owner
g) Provide a Criminal Record Background Check for each employee/ individual who will be involved
in the business operations of the Pawnbroker
h) Have historic compliance with all by-laws and applicable legislation prior to renewal
i) Be in compliance with the Pawnbrokers Act, as amended, prior to issuance/ renewal
5. Special Conditions - Pawnbroker
a) In addition to the general regulations outlined in this by-law, the following special conditions apply to
every Pawnbroker in the Town of Arnprior:
i.
Security in the amount of $2,000.00, as set out in the Pawnbrokers Act, shall be provided to the
Town of Arnprior at the time of initial licencing.
ii.
The operation of the business shall conform with the provisions as set out in the Pawnbrokers
Act, as amended.
iii.
No Pawnbroker Licensee shall purchase or acquire, from any person, any article or object on
which the serial number has been obliterated or mutilated, without first having given the OPP, 24
hours' prior notice of such intended purchases or acquisitions.
iv.
Every Pawnbroker Licensee who has reasonable cause to suspect that an article offered to the
Pawnbroker has been stolen or otherwise unlawfully obtained, shall forthwith report the matter to
the OPP.
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SCHEDULE 'IV' - Hawker/Peddler
1. Applicable To
Every Hawker/Pedder, which includes any person who goes from place to place on foot or in a vehicle
for the purpose of:
- selling goods and/or services;
- entering into contracts for the sale of goods and/or services which are either to be delivered on
site or at a later date;
- promoting the sale of goods and/or services by encouraging individuals to come to a person's
regular place of business
2. Exemptions
a) The requirement to obtain a "Hawker/Peddler" Licence does not apply to:
i.
a Produce Stand;
ii.
a Market Vendor (see Schedule VI) or Special Event Vendor (see Schedule VII)
iii.
persons who sell Christmas Trees on a seasonal basis;
iv.
persons who raise funds in door to door sales campaigns for registered charitable organizations.
3. Licence Fee
As per the Town of Arnprior User Fees and Charges By-law, as amended.
4. Mandatory Licencing Application Requirements
a) Complete a Hawker/Peddler Business Licence Application Form
b) Provide a copy of approved government issued identification
c) Provide proof of Business Registration from the Province of Ontario (if applicable/ available)
d) Provide Proof of General Liability Insurance (see Section 3(b)(iv) of the By-law)
e) Provide Three (3) Municipal References, from Municipalities where they have performed the
operation of Hawking & Peddling, and have positive reviews of these references when checked
by the Issuer of Licences
f) Provide a Criminal Record Background Check for each employee/ individual who will be involved
in the Hawking/Peddling
g) Have historic compliance with all by-laws and applicable legislation prior to renewal
h) Where available/ applicable, have a clean Better Business Bureau Record, with a minimum grade
of B+ (87%), where a rating of the business is available from the Better Business Bureau, when
checked by the Issuer of Licences
5. Special Conditions - Hawker/Peddler
a) In addition to the general regulations outlined in this by-law, the following special conditions apply to
every hawker/peddler operating in the Town of Arnprior:
i.
The application shall specify the types of goods and/or services to be sold or promoted.
ii.
No person shall operate as a hawker/peddler in the Downtown Core of the Town of Arnprior.
iii.
The Licensee shall at all times while carrying on their business has their Town Issued Licence
with them, and shall upon demand provide proof of the licence to the Issuer of Licences and/or
Municipal Enforcement Officer at their request.
iv.
No Hawker/Peddler shall go from place to place carrying on their business on any Sunday,
Statutory or Civic Holiday in the Town of Arnprior.
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SCHEDULE 'V' - Mobile Canteen & Refreshment Stand/Vehicle & Ice Cream
Stand/Bicycle
1. Applicable To
Mobile Canteens, Refreshment Stands and Refreshment Vehicles, Ice Cream Stands/ Bicycles, as
defined in this by-law.
2. Exemptions
a) The requirement to obtain a "Mobile Canteen, Refreshment Stand/Vehicle, Ice Cream Stand/Bicycle"
Licence does not apply to:
i.
a Produce Stand;
ii.
a Market Vendor (see Schedule VI) or Special Event Vendor (see Schedule VII)
3. Licence Fee
As per the Town of Arnprior User Fees and Charges By-law, as amended.
4. Mandatory Licencing Application Requirements
a) Complete a Mobile Canteen & Refreshment Stand/Vehicle & Ice Cream Stand/Bicycle Business
Licence Application Form
b) provide a copy of approved government issued identification
c) proof of Business Registration from the Province of Ontario (if applicable/available)
d) provide proof of General Liability Insurance (see Section 3(b)(iv) of the By-law)
e) provide a site plan, which is approved by the Town Planner and/ or Chief Building Official
f) provide a Health Unit Certificate of Approval
g) provide a TSSA Certified Propane Fitter Inspection Certificate, where propane is being used in
the business operations
h) provide a letter of permission from the property owner
i) Ice Cream Bicycle applicants must provide a Criminal Background Check for all employees
j) have historic compliance with all by-laws and applicable legislation prior to renewal
5. Special Conditions - Mobile Canteen & Refreshment Stand/Vehicle & Ice Cream Stand/Bicycle
a) General Special Conditions:
i.
A separate licence shall be required for each Mobile Canteen, Refreshment Vehicle,
Refreshment Stand, and Ice Cream Stand/Bicycle.
ii.
For clarity a Mobile Canteen is a vehicle which food and drink are dispensed for consumption
by persons at their place of employment, throughout the Town and, thus a Mobile Canteen is
not able to dispense food and drink to the general public.
iii.
Each Licensee of a mobile vehicle, including mobile canteen, being utilized for the business
being licenced, shall provide documentation (vehicle ownership and any necessary safety
inspections required by the Ministry of Transportation), proving the ability to be moved and
operated in a safe manner going from location to location.
iv.
Any mobile canteen and/or refreshment vehicle and/or stand, ice cream stand/bicycle which
uses propane fuelled appliances, require a TSSA Certified Inspection, which needs to be in
compliance with the necessary regulation, and a certificate of approval in this manner shall
then be submitted to the Issuer of Licence, prior to a licence being issued.
v.
Every Licensee shall be at least eighteen years of age, excluding licensees of Ice Cream
Stands/Bicycles, who are able to be a minimum of fifteen (15) years of age. If under the age of
18, a parent is required to sign the application form.
vi.
The Health Unit must have approved the mobile canteen, refreshment vehicle and/or stand,
Ice Cream Stand/Bicycle prior to a licence being issued.
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b) Physical Conditions of Mobile Canteen, Refreshment Vehicle, Refreshment Stand & Ice Cream
Stand/Bicycle:
i.
Shall conform to the Town of Arnprior Property Standards and Clean Yards By-laws, as
amended.
ii.
Every Mobile Canteen, Refreshment Vehicle and/or Refreshment Stand, Ice Cream
Stand/Bicycle shall be clean, rust free, in good repair, and free of vandalism and graffiti.
iii.
All areas immediately adjacent to every Mobile Canteen, Refreshment Vehicle and/or
Refreshment Stand, Ice Cream Stand/Bicycle shall be clean and free of litter, refuse and
debris at all times.
c) Location of Mobile Canteen, Refreshment Vehicle, Refreshment Stand, and/or Ice Cream
Stand/Bicycle:
i.
Shall not be permitted within the Town of Arnprior without a licence to do so and an approved
site plan.
ii.
Shall not be permitted on Residential Properties in the Town of Arnprior.
iii.
Shall not be permitted on Town Property.
iv.
Shall remain in the location designated on the approved site plan;
v.
Shall be placed in a location which does not create a visual obstruction for vehicular or
pedestrian traffic;
vi.
Shall not be on a municipal sidewalk;
xii.
Shall not be on a private sidewalk having a width of 2 meters or less;
vii.
Shall not be within 3 meters of a driveway/ entrance/exit;
viii.
Shall not be within any curb radius;
ix.
Shall not be partially or wholly in front of an accessibility ramp;
x.
Shall not be placed in a manner as to make entrance/exit from adjacent parked vehicles
difficult;
xi.
Shall not be on top of or blocking a sewer, hydro, or other utility access cover or valve;
xii.
Shall not be within 3 meters of a fire hydrant.
d) Regulatory Agencies
i.
Mobile Canteen, Refreshment Stand, and Refreshment Vehicle Businesses are responsible for
obtaining all permits required in the production and sale of their goods.
ii.
Compliance with both Provincial and Federal Sales Tax is the responsibility of the Mobile
Canteen, Refreshment Stand, and Refreshment Vehicle Businesses.
iii.
All Mobile Canteen, Refreshment Stand, and Refreshment Vehicle Businesses must abide by,
and all products must comply with, federal and local regulations governing health, packaging,
labeling, etc. and adhere to the highest standards in safe food production and handling.
iv.
Any pre-made food must be approved by the Renfrew County & District Health Unit before
they are able to be sold. For more information about obtaining approval please contact: 1-800-
465-5000.
Page | 32
SCHEDULE 'VI' - Market Vendor
Applicable To
All Market Vendors.
Exemptions
None
Licence Fee
As per the Town of Arnprior User Fees and Charges By-law, as amended.
Mandatory Licencing Application Requirements
a) Complete a Market Vendor Licence Application Form
b) Provide a copy of approved government issued identification
c) Provide proof of General Liability Insurance, and name the Town as an additional
insured (see Section 3(b)(iv) of the By-law)
d) Provide a Health Unit Certificate of Approval (if applicable)
e) Have historic compliance with all by-laws and applicable legislation prior to
renewal
f) Pay the corresponding licence fee, as outlined in the Town of Arnprior User Fees
and Charges By-law, as amended.
Page | 33
Special Conditions - Market Vendor
a) Booth Location and Size
i.
All Market Vendors will be assigned a booth location by the Market
Coordinator. Vendors locations are not guaranteed, and booth placement is
at the discretion of the Market Coordinator.
ii.
Booth sizes will be 10'x10', whereas Vendors are required to keep all
products and signage within their booth limits. Additional spaces must be
purchased if more room is required.
iii.
Tents must be 10' x 10' and tent poles, spikes or any other device or product
cannot penetrate asphalt or any other Town or privately owned lands and
must touch the curbside to create a single, unified line.
b) Market Setup and Take Down
iii.
Market Vendor set-up and take down instructions will be outlined in advance
of the Market Season by the Market Coordinator. Market Vendors shall
adhere to the set up and take down instructions provided.
iv.
Vendors' vehicles must be parked in area specified by the Market
Coordinator.
v.
Vendors must be present a minimum of fifteen (15) minutes prior to market
start and must be completely set up by the designated Market start time.
Exceptions will need to be approved in advance by the Market Coordinator
for extenuating circumstances.
i.
Vendors are not permitted to begin set-up earlier than two (2) hours prior to
market start or to breakdown before the market closes.
ii.
Vendor breakdown and clean-up must be completed one hour post market
end to allow for the roadway to be re-opened to traffic.
iii.
Vendors are responsible for providing all display and set-up materials
(displays, tables, chairs, tent weights etc.) and setting up and tearing down
any displays. Vendors must remove all of their garbage from the Market and
dispose of it off site.
iv.
Booths should have an attractive and professional appearance, enhanced by
good presentation and cleanliness. Vendors will be asked that unsightly,
inappropriate or unsafe materials be removed.
c) General Market Provisions
i.
The Arnprior Market will run weekly on Sundays from June to October, as set
by the Market Coordinator in consultation with the Chief Administrative
Officer, on John Street North.
Page | 34
ii.
All vendor licences must be applied for in advance and paid for in full prior to
a licence being issued.
iii.
Selling or subletting of space is not permitted.
iv.
A polite and respectful attitude towards other vendors, the public and the
market is to be maintained at all times.
v.
No hawking, calling attention to products, or selling products in an aggressive
manner is permitted.
vi.
Behaviour which is threatening, abusive or harassing behaviour shall
constitute a violation of the market policies and is grounds for immediate
dismissal from the Market at the discretion of the Market Coordinator and
revocation of the licence at the discretion of the Issuer.
vii.
A complimentary "Community Booth" will be reserved for Charitable/Non-
Profit/Community Organizations each week and the schedule will be
coordinated by the Market Coordinator. The use of the table for political
campaigning or religious proselytizing is deemed inappropriate. All Arnprior
Market rules and regulations will apply. The person applying for the
community table on behalf of their organization will be held responsible for
the booth and ensuring it is staffed. Depending on available equipment, the
Town may provide a table and a tent upon request.
viii.
Complimentary "Youth Booth(s)" will be reserved for Youth, under the age of
18, each week to sell items and the schedule will be coordinated by the
Market Coordinator. All Arnprior Market rules and regulations will apply. The
guardian applying for the Youth Booth on behalf of the youth will be held
responsible for the booth and must accompany the youth if they are under 13
years old. Depending on available equipment, the Town may provide a table
and a tent upon request.
ix.
Seasonal vendors must attend 75% of the scheduled market dates. Vendors
that miss more than 25% of the days will forfeit their booth and their licence
will be cancelled with no refund. The Market Coordinator reserves the right to
approve additional missed dates in extenuating circumstances.
x.
Market Vendors, including Community Booths and Youth Booths, are not
permitted to utilize their market booth for political campaigning or religious
proselytizing as this is deemed inappropriate. This may include campaigning
for or against a political candidate, religious doctrine and/or policy position.
Such behaviour may be considered as grounds for immediate dismissal from
the Market at the discretion of the Market Coordinator and revocation of the
licence at the discretion of the Issuer.
xi.
Applicant or product misrepresentation in the Market Vendor Licence
Application Form and related correspondence with staff may be grounds for
Page | 35
immediate dismissal from the Market at the discretion of the Market
Coordinator and/or revocation of the licence at the discretion of the Issuer.
d) Vendor Cancellations
i.
Vendors who would like to cancel one (or more) of their market dates shall
abide by the following notice periods:
a) Cancellations received by 8:00 AM the Wednesday before the
market date shall be entitled to a full refund of their licence fee.
b) Cancellations received after a licence has been issued on the
Wednesday before the market date are not entitled to a refund of
their licence fee; however, no warning letter will be issued.
c) Cancellations received after 11:59 PM the Thursday before the
market date are not entitled to a refund of their licence fee and may
be subject to a warning letter as determined by the Issuer in
consultation with the Market Coordinator.
e) Late Arrival
i.
Vendors who arrive more than 30 minutes after the market start time may
receive a warning letter(s) for tardiness at the discretion of the Issuer in
consultation with the Market Coordinator.
f) Dismissal due to Warning Letters
i.
Vendors who receive warning letters may be subject to dismissal from the
Market and revocation of the licence at the discretion of the Issuer in
consultation with the Market Coordinator in the following situations:
a) Two (2) warning letters under Section d(i)(c)
b) One (1) warning letter under Section d(i)(c) and two (2) warning letters
under Section e(i)
c) Three (3) warning letters under Section e(i)
ii.
Vendors that miss two (2) market dates without notice will forfeit their booth
and their licence will be cancelled with no refund at the discretion of the
Issuer in consultation with the Market Coordinator.
g) Extenuating Circumstances
i.
While considering whether to issue a warning letter, the Market Coordinator
and Issuer may consider extenuating circumstances outside the control of the
vendor in making their determination.
h) Products for Sale
i.
It is the intent of the Market to offer a diversified selection of commodities. All
products to be offered for sale must be listed on your Market Vendor Licence
Application Form and approved to ensure that they are of a high quality and
Page | 36
provide for a broad selection of products to enhance the success of the
market.
ii.
The Market Coordinator reserves the right to refuse acceptance of any
applicant or product that is not in keeping with the rules, regulation or
standards of the Arnprior Market both prior to or during the Market.
iii.
Vendors selling products must provide cash and carry items at their booth.
iv.
Vendors are not permitted to sell garage or junk sale type items and
products.
v.
All items for sale must not be offensive in nature (as determined by the
Market Coordinator) and shall have prices prominently and clearly displayed.
Vendors are responsible for collection and reporting of applicable taxes.
vi.
Vendors are responsible for clearly advertising city of origin for all
consumable items.
vii.
Vendors are not permitted to re-package resale produce and false or
misleading information on any label, package or master container of produce,
in any advertisement for produce or in a retail display sign is prohibited.
i) Regulatory Agencies
i.
Vendors are responsible for obtaining all permits required in the production
and sale of their goods.
ii.
Compliance with both Provincial and Federal Sales Tax is the responsibility of
the Vendor.
iii.
All Vendors must abide by and all products must comply with federal and
local regulations governing health, packaging, labeling, etc. and adhere to the
highest standards in safe food production and handling.
iv.
If applicable, any pre-made food must be approved by the Renfrew County &
District Health Unit before they are able to be sold at the Arnprior Market. For
more information about obtaining approval, please contact the Renfrew
County & District Health Unit.
Page | 37
SCHEDULE 'VII' - Special Events
1. Applicable To
Any person who organizes a Special Event involving multiple Special Event Vendors at one location
selling goods, wares, and/or merchandise or offering for sale services, on a temporary basis to the
general public on municipal property, within the Town of Arnprior.
2. Exemptions
Exempt Special Events held on non-municipal/private properties from this by-law and licencing fees,
however these Special Event Coordinators are encouraged to consult with the Town and other
authorities to ensure all necessary permits and approvals have been obtained for their event.
Exemptions from licencing requirements will not be permitted for events on municipal property, as
defined in this by-law, however licencing fee exemptions will be available for:
- Special Events raising funds for a charitable organization, where 100% of all profits by Special
Event Vendors/exhibitors are going to the said charity or religious group; and
- Special Events held by the Municipality as the Municipality is the Special Event Coordinator.
3. Licence Fee
As per the Town of Arnprior User Fees and Charges By-law, as amended.
4. Mandatory Licencing Application Requirements
a) Complete a Special Events Licence Application Form
b) Provide a copy of approved government issued identification
c) Provide proof of General Liability Insurance (see Section 3(b)(iv) of the By-law)
d) Provide a Health Unit Certificate of Approval (if applicable)
e) Provide a TSSA Certified Propane Fitter Inspection Certificate, where propane is being used in
the business operations
f) Provide a letter of permission from the property owner
g) Have historic compliance with all by-laws and applicable legislation prior to renewal
h) Pay the corresponding licence fee, as outlined in the Town of Arnprior User Fees and Charges
By-law, as amended.
5. Special Conditions - Special Event Coordinators/Vendors
In addition to the general regulations outlined in this by-law, the following special conditions apply to
every Special Event Coordinator:
a) This licence fee is payable to the Town of Arnprior, by the Special Event Coordinator, and applies to
all Special Events run on municipal property in the Town of Arnprior.
b) Special Event Vendors are to be licenced through the Special Event Coordinator at Special Events
held on municipal property in the Town of Arnprior.
c) The licence provided to the Special Event Coordinator does not secure vendor spaces at the specific
event for Special Event Vendors. Additional vendor fees may apply, and vendors are encouraged to
verify with the special event coordinator for the event they wish to take part in.
Page | 38
SCHEDULE 'VIII' - Outdoor Sidewalk Patio Café
1. Applicable To
All Outdoor Sidewalk Patio Café's in the Town of Arnprior.
2. Exemptions
None
3. Licence Fee
As per the Town of Arnprior User Fees and Charges By-law, as amended.
4. Mandatory Licencing Application Requirements
i.
Complete an Outdoor Sidewalk Patio Café Licence Application Form
ii.
provide a copy of approved government issued identification
iii.
proof of Business Registration from the Province of Ontario (if applicable/available)
iv.
provide proof of General Liability Insurance (see Section 3(b)(iv) of the By-law)
v.
provide a site plan (Patio Café Location and Layout Sketch Details), which is approved by the
Town Planner and/ or Chief Building Official
vi.
provide a TSSA Certified Propane Fitter Inspection Certificate, where propane is being used in
the business operations
vii.
have historic compliance with all by-laws and applicable legislation prior to renewal
5. Special Conditions - Outdoor Sidewalk Patio Café
a) Licence Period
i.
The period of operation of an outdoor sidewalk patio café shall be May 1st to October 31,
inclusive, of each year.
ii.
At all times when the patio is not in operation between the time period of November 1st to
April 30th inclusive, the public lands are required to be cleared of all obstacles so that
snow removal operations are not impeded in any way.
iii.
Under no circumstances shall patio amenities be permitted to remain on site for storage
during the times when the patio is not in operation.
b) Hours of Operation
i.
Notwithstanding provisions set out in the Town's Noise By-law, as amended, where a
licence is issued pursuant to this Licencing By-law, Outdoor sidewalk patio cafés shall not
be opened before 7:00 a.m. and shall be cleared of patrons and closed by no later than
9:00 p.m. from Sunday-Thursday, and 11:00 p.m. on Friday and Saturday.
c) Location of Outdoor Sidewalk Patio Café
i.
An outdoor sidewalk patio café shall be completely located within the frontage and/or
flankage limits of the associated eating establishment.
Page | 39
d) Land Use Separation Distance
i.
The minimum separation distance between an outdoor sidewalk patio café and the
boundary of any Residential Zone, excluding patios within the same Mixed Use
Commercial zone, shall be 30.0 metres.
e) Sidewalk
i.
The clear width of sidewalk abutting an outdoor sidewalk patio café shall be a minimum of
1.5 metres it being understood that minimum clear width of 1.5 metres shall be provided
between a perimeter patio fence and any sidewalk obstruction such as a lamppost,
sidewalk planting, fire hydrant, bench, etc. An additional 0.5 metres of sidewalk width shall
be required within 9.0 metres of an intersection to provide for platooning of pedestrians.
ii.
The alignment of the clear width of sidewalk should remain straight within the right of way.
iii.
A clear path of a minimum 1.5 metres width shall be maintained to the door of the eating
establishment.
iv.
The outdoor sidewalk patio café shall be safe and shall not interfere with the safety of
pedestrians using the municipal sidewalk. The CAO/CBO/Director of Public Works may set
certain conditions, as he/she deems fit, ensuring the health, safety and well-being of
residents.
f) Deck and Platform Elevation
i.
When the outdoor sidewalk patio is elevated above grade on a structure, the height of the
deck surface shall be no greater than 0.5 metres.
ii.
All decking or platforms shall be constructed in accordance with the Ontario Building Code
and a Building Permit will be required.
iii.
All decking or platforms shall provide barrier free access from the sidewalk to the patio, in
accordance with Accessibility Design Standards.
iv.
All decking or platforms shall be constructed in sections so as to be easily removed for
storage off-site.
v.
All decking shall be removed outside of the licence period.
vi.
Skirting shall be applied to the exposed sides of the platform to screen structural
elements.
vii.
All exposed materials shall be painted or stained to co-ordinate with streetscape elements.
g) Fences
i.
A fence or other visual barriers shall be used to delineate the perimeter of the outdoor
sidewalk patio café with the exceptions of openings necessary to provide access. The
width of any opening in a fence should be no greater than 2.0 metres and no less than 1.5
metres.
Page | 40
ii.
All liquor licenced and table serviced outdoor sidewalk patio cafés shall be fenced.
iii.
The fence shall be a minimum of 0.75 metres in height and shall not be greater than 1.06
metres in height measured from the finished grade of the patio to the highest point of the
fence. Front screens shall not be permitted. Despite this, rain screens consisting of clear
plastic or mesh screening shall be permitted during rainy periods.
iv.
Fences and screens shall be removable at all times.
v.
Fences and screens shall be removed outside of the licence period.
vi.
Fences shall be of sturdy construction. No part of the construction shall penetrate the
surface of the sidewalk with footings. No chain link fencing, spiked rails or other products
which in the opinion of the CAO/CBO/Director of Public Works may pose a health or safety
risk shall be permitted.
h) Furniture
i.
All furniture will be of outdoor furniture design and quality, constructed of weather resistant
material. Picnic tables are prohibited.
ii.
Furniture shall be tasteful and complimentary to the streetscape.
iii.
The number of patio tables and chairs will be limited to leave reasonable space for
access.
i) Awnings
i.
If an awning is provided, the awning material shall be securely fastened to a frame which
is either retractable or demountable.
ii.
All awnings shall be constructed in accordance with the Ontario Building Code and a
Building Permit will be required.
iii.
Awnings shall be flame resistant and prefabricated and finished to fit the supporting
structure.
iv.
Awnings and umbrellas shall be totally contained within the approved outdoor sidewalk
patio café area.
v.
Awning materials and colours shall co-ordinate with the surrounding buildings and
streetscape elements.
vi.
Awnings shall have a minimum height clearance of 2.4m from finished grade.
j) Lighting
i.
All exterior lighting shall be task oriented and shall not spill into abutting private property or
interfere with the public thoroughfare.
Page | 41
ii.
All exterior lighting associated with an outdoor sidewalk patio café shall be totally
contained within the approved patio area, be demountable with no exposed electrical
cords or energized fixtures.
k) Plant Materials
i.
Planting of annuals, vines and container grown vegetation is encouraged but shall be
totally contained within the approved outdoor sidewalk patio café area and shall be
removed outside of the licence period.
l) Signage
i.
Banners and signage will be subject to the Sign and Merchandise Display By-law and
Ontario Building Code and a Building Permit will be required.
ii.
Each patio may feature one (1) sandwich board sign located at the patio entrance which
does not obstruct clear passage.
iii.
Signage attached to fencing is prohibited.
m) Refuse Receptacle
i.
Garbage containers shall not be permitted within the patio area but portable service carts
may be used for collection and transport to the interior of the eating establishment.
n) Amplified Noise
i.
Music or other entertainment provided for patrons of an outdoor sidewalk patio café shall
not be amplified or create a nuisance to abutting property owners and shall comply with
the Town's Noise Control By-law.
o) Heating Devices
i.
Heating devices may be permitted within patio areas where awnings, roof coverings or
umbrellas are not present.
ii.
The addition of heating devices to outdoor sidewalk patio cafés will require additional
insurance to be provided to a minimum of five million dollars ($5,000,000.00). Proof of
insurance is required prior to the use of heating devices.
iii.
Heating devices will be subject to individual inspection and approval as deemed
appropriate by the Fire Department.
iv.
Heating devices must be installed, maintained and continue to meet all manufacturer's
instructions and TSSA requirements.
v.
Heating devices must be Underwriters Laboratories of Canada listed.
p) Maintenance
i.
The licence holder shall keep the outdoor sidewalk patio café free from papers, garbage,
rubbish and debris of any kind. Every patio licence holder is responsible for cleanliness of
Page | 42
the public sidewalk adjacent to a patio at all times, and must gather debris on the sidewalk
around the patio throughout the day and at the end of the business day.
ii.
The Town or any public utility shall have the right to enter any portion of an outdoor
sidewalk patio café at any time for the purposes of installing, maintaining or repairing
pipes, cables, sidewalks, wires, poles or other installations.
q) Pedestrian Sidewalk By-passes
i.
Notwithstanding any provisions of Section e) of Schedule VIII to this by-law, pedestrian
sidewalk by-passes shall be permitted in the location of on-street parking spaces and shall
maintain a walkway with a minimum width of 1.8 metres to accommodate pedestrian
movement around the sidewalk patio.
ii.
Where pedestrian sidewalk by-passes are required in order to accommodate pedestrian
movement around the sidewalk patio, these temporary walkways shall:
a. not be installed until expressly approved by the Town, having obtained a building
permit and licence;
b. use up to two full parking space lengths. The parking area that remains available
on either side of the patio must provide one or more full parking spaces;
c. be designed and constructed so that there is no change in grade between the
sidewalk and the pedestrian sidewalk by-pass;
d. be of modular construction to allow for easy installation and removal, not fastened
to the asphalt surface of the road;
e. be constructed of sienna stained, pressure treated wood and the walking surface
of the sidewalk patio shall be constructed by 2x6" boards as a minimum;
f. be able to safely bear the weight of people and elements on the platform (4.8 kPa
- 100 psf). A Professional Engineer or Architect licensed in the Province of Ontario
must certify the design of the extension of the temporary sidewalk for safety and
load bearing design and compliance with the standards for decks and platforms
set out in the Accessibility for Ontarians with Disabilities Act and the Ontario
Building Code, including guards and railings;
g. feature fencing or another vertical barrier which separates the walkway from
vehicle traffic and be located a minimum of 0.5m from the travel lane or a greater
setback as determined by the General Manager of Operations if considered on a
street where posted and operating speeds are greater than 40 kilometres/hour;
h. maintain a 1.5m clear radius around streetscape objects such as garbage
receptacles, tree grates, fire hydrants, street furniture, and any other item that
poses an obstruction within the clear path of travel. Having streetscape elements
within the path or travel along the patio is acceptable as long as the 1.5 clear width
is maintained, and they do not cause pedestrians to zig-zag around them.
Streetscape elements, outside of the clear path of travel do not require a buffer.
For example, a tree grate can be near the edge of your patio if it is not within the
path of travel. Street trees may be incorporated into the patio;
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i. accommodate stormwater drainage and not block stormwater drainage and/or
overland flow or interrupt surface drainage along the gutter;
j. feature accessible signage and exterior barriers facing on-street parking or the
roadway must be affixed with high-visibility reflective markers;
k. the sidewalk pedestrian by-pass must include a traction aid to reduce slipping
hazards and must also include a transition plate between the sidewalk pedestrian
by-pass and existing concrete sidewalk surface;
l. patios intended to serve alcohol and/or that are situated along the curb or are
within the on street parking area are required to be enclosed on all sides by
fencing approved by the Town, except for designated ingress and egress points;
no ingress or egress points may face the roadway or adjacent parking stalls;
m. Not be located where there are accessible parking spaces or loading zones or
where access to those spaces may be impacted;
n. should two or more eligible neighbouring businesses apply to establish sidewalk
patios, patios and sidewalks shall be designed to provide one continuous path of
travel for pedestrians; and
o. shall substantially conform to the following sample layouts:
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Sample Layout A:
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Sample Layout B:
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Sample Layout C: