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This is an office consolidation of By-law #50-06 and amendments thereto. For accurate
reference you should consult the original by-laws that are retained by the Clerk
BY-LAW NUMBER 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
-of-
THE CORPORATION OF THE COUNTY OF BRANT
A By-law to provide for the licensing, regulating and governing
of certain businesses within the County of Brant
WHEREAS Section 150 of the Municipal Act, 2001, S. O. 2001, c. 25 authorizes
the Council of the Corporation of the County of Brant to pass by-laws for the licensing,
regulating and governing of any business;
AND WHEREAS Section 151 of the Municipal Act 2001, S. O. 2001, c. 25
authorizes Council to pass by-laws to license and regulate Adult Entertainment
Establishments;
AND WHEREAS the Council of the Corporation of the County of Brant approved
By-law Number 34-01 on February 20, 2001 for the purpose of regulating certain
businesses and further approved By-law Number 106-02 on the 7th day of May, 2002 to
amend By-law Number 34-01;
AND WHEREAS pursuant to Section 150(13) of the Municipal Act, 2001, S. O.
2001, c. 25, every by-law passed under this authority expires five years after the date of
the by-law coming into force;
AND WHEREAS Section 150(3) requires that any by-law passed under the
authority of Section 150 must include an explanation as to the reasons why the
municipality is licensing the business and how that reason relates to one of the required
purposes being Health and Safety, Nuisance Control, or Consumer Protection;
AND WHEREAS it is deemed advisable to maintain the regulation of automobile
wrecking yards to ensure compliance with fire, environmental, and health regulations for
the protection of public health and safety, and to ensure compliance to property
standards to reduce nuisance to neighbouring properties;
AND WHEREAS it is deemed advisable to maintain the regulation of Mobile
Refreshment Sales to ensure compliance with fire and health regulations for the
protection of public health and safety;
AND WHEREAS it is deemed advisable to maintain the regulation of the sale of
goods and services transient in nature for the purpose of consumer protection;
AND WHEREAS pursuant to Section 150(4), prior to passing of this By-law
Council gave notice in accordance with the County of Brant Public Notice By-law
Number 26-03 and held a public meeting on Tuesday, January 24, 2006, granting an
opportunity to any person in attendance to make representation with respect to the
passing of this By-law;
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 2
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
COUNTY OF BRANT HEREBY ENACTS as follows:
DEFINITIONS
1.
For the purposes of this By-law and the attached schedules:
"Adult Entertainment Establishment" means any premise or any part of a premise
where in the pursuance of a business, entertainment or services that are
designed to appeal to erotic or sexual appetites or inclinations, are provided.
"Automobile Wrecking Yard" means any land or premises where, in the
pursuance of a business, motor vehicles are stored for the purpose of salvaging
parts for sale or other disposal;
"Business" means a trade or occupation; exhibition, concert, festival and other
organized public amusement held for profit or otherwise; and includes the sale or
hire of goods or services on an intermittent or one-time basis, the activities of a
transient trader and the showing of samples, patterns or specimens for the
purpose of sale or hire, but does not include,
(a)
a manufacturing or an industrial business, except to the extent that it sells
its products or raw material by retail;
(b)
the selling of goods by wholesale; or
(c)
the generation, exploitation, extraction, harvesting, processing, renewal or
transportation of natural resources;
"Committee" means the Corporate Services Committee of the County of Brant;
"County" means the Corporation of the County of Brant;
"Council" means the Council of the Corporation of the County of Brant;
"Individual" means a natural person and does not include a corporation,
partnership, or association;
"License" means the certificate or plate issued under this by-law as proof of
licensing under this by-law;
"Licensee' means the person named in the license;
"Licensing Officer" means the individual(s) so appointed by the Council of the
Corporation of the County of Brant;
"License Tribunal" means the tribunal appointed by Council to conduct license
hearings.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 3
"Mobile Refreshment Sale" means, in the pursuance of a business, the sale of
refreshments for consumption by the public that are conducted from a vehicle,
cart or other structure which has not been assessed as commercial and includes
but is not limited to catering trucks, chip wagons, hot dog carts and ice-cream
vendors, but does not include self serve vending machines.
"Municipal Law Enforcement Officer" means the individual(s) so appointed by the
Council of the Corporation of the County of Brant;
"Owner" with respect to a business licensed under this by-law shall mean the
person, company, or partnership that carries on the trade, business and whose
name appears on the license issued by the County for such business pursuant to
this by-law;
"Peddle" means to engage in the business of offering for sale goods or services
or the taking of orders for future delivery of goods or services through a specific
location sale or by door to door sales, but does not include the leaving of
catalogues or advertising material upon a premise where no direct personal
contact with any occupant occurs;
"Person" includes a corporation and its directors and officers, and the heirs,
executors, and administrators or other legal representatives of a person and their
respective successors and assignees;
"Premises" includes lands and any fences, buildings, sheds or similar structures
situated thereon.
LICENSE REQUIRED
2.
(1)
No person, without a license issued pursuant to this by-law, shall:
(a) own or operate an "Adult entertainment establishment", or
(b) own or operate an "Automobile Wrecking Yard", or
(c) conduct or permit a "Mobile Refreshment Sale", or
(d) peddle goods or services, except where
(i) the sale is to wholesale or retail dealers in similar goods, or;
(ii) the goods, wares or merchandise are grown by an Ontario resident
farmer who sells or offers for sale only the products of his own
farm, or
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 4
(iii) the sale is conducted as a fundraiser by or for a local charitable
organization or non-profit group to support the charitable objects of
the organization and the sales are conducted by volunteers
receiving no compensation or commission for sales, or
(iv) the sale is conducted by vendors at a location which forms part of a
properly zoned flea market operation, or
(v) the sale is conducted as part of an approved craft or trade show by
a non-profit group or on Agricultural Society property during an
annual fall fair, or
(vi) the sale is a garage sale as defined and in accordance with the
zoning by-law, on a residential property and offering for sale only
the used goods of the occupant; or
(vii) the sale is conducted by the owner of a business being operated
from a commercial property within the municipality and the goods or
services being peddled relate to the business and are being
peddled by an employee or an agent of the business, or
(viii) the sale is conducted through a home party, by invitation, or by
the leaving of samples at a business location with the permission of
the owner or occupant of the premise
(ix) the sale, for profit, is conducted by vendors as part of a craft or
trade show, and the craft, trade show or event organizer has been
issued a specific location sale license for the premises.
(x) the sale is conducted as part of an event approved by Council and
a Special Event Application has been filed by the event organizer
in accordance with the Special Event Request Procedure.
(2)
The licensee shall not carry on business in a name other than the name in
which the business is licensed.
(3)
No person shall publish or cause to be published any representation that
the person is licensed under this By-law if the person is not so licensed.
(4)
For the purpose of this By-law a business shall be deemed to be carried
on within the "County" if any part of the business is carried on in the
"County", even if the business is being conducted from a location outside
the "County".
(5)
The licensee shall not operate the licensed business in contravention of
the terms and conditions of the license as stated in the applicable
schedule.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 5
DUTIES OF THE LICENSING OFFICER
3.
The "Licensing Officer" shall:
(1)
receive and process all applications for licenses and renewals of licenses;
and
(2)
issue all licenses when an application is made in accordance with the
provisions of the By-law and the attached schedules; and
(3)
maintain complete records showing all applications received and licenses
issued; and
(4)
generally perform all the administrative functions conferred by this By-law
and the attached schedules.
APPLICATION FOR A LICENSE AND FOR RENEWAL OF A LICENSE
4.
(1)
An application for a license and an application for the renewal of a license
shall be completed on the forms provided by the County.
(2)
Every new applicant shall apply in person with photo Identification and
proof of age.'
(3)
Each application shall be submitted to the Licensing Officer and be
accompanied by:
(a)
the fee in the appropriate amount as set out in the County of Brant
Fees and Charges By-law.
(b)
if the applicant is a corporation, a copy of the incorporating
document and proof of active status and if a registered partnership,
a copy of the registered declaration of partnership and a copy of the
business name registration, and if a sole proprietorship, a copy of
the business name registration if applicable.
(c)
any other documentation as required in the applicable schedule.
(4)
An applicant must make a separate application for a license for each of
the premises at which or vehicles from which the applicant carries on
business.
(5)
Where an application for a license or for renewal of a license is refused,
the fee paid pursuant to subsection 4(3)(a), minus a 25% administration
fee, shall be refunded.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 6
AGE REQUIREMENT
5.
No individual shall be licensed under this By-law unless the individual is eighteen
(18) years of age or over.
GROUNDS FOR REFUSAL TO LICENSE, RENEW, SUSPEND OR REVOKE
6.
An applicant whose application meets all the requirements of this By-law and its
schedules is entitled to a license or the renewal of a license except where:
(1)
there are reasonable grounds for belief that any application or other
document provided to the Licensing Officer by or on behalf of the applicant
contains a false statement or provides false information; or
(2)
the past or present conduct of the applicant, or of any partner in the case
of an applicant which is a partnership, or of any director or officer of the
corporation, affords reasonable grounds for belief that the business in
respect of which the application is made will not be carried on in
accordance with the law and with integrity and honesty; or
(3)
there are reasonable grounds for belief that the applicant does not meet
all the requirements of this By-law or any other County By-law, or that the
business is carried on or intended to be carried on in an area of the
County where the said business is prohibited by the By-law or by any
other County By-law for being carried on, or in respect of which the issuing
of a license in respect of the business is not permitted by this By-law; or
(4)
the applicant has failed to pay the fine or fines imposed by a court as a
sentence arising from convictions for breach of a by-law enacted by the
County; or other breach of law where the fine is payable to the County; or
(5)
there are reasonable grounds for belief that the building, premises or
place or part thereof in which the business is carried on or intended to be
carried on does not comply with the provisions of the By-law, or with any
other law, or by-law, including any applicable zoning or building
requirement, or is dangerous or unsafe; or
(6)
there are reasonable grounds for belief that the equipment, vehicles and
other personal property used or kept for hire in connection with the
carrying on of or engaging in the business licensed hereunder is
dangerous or unsafe, or
(7)
there are a limited number of licenses available for issuance and the
County has issued the permitted number of licenses; or
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 7
(8)
there are a limited number of licenses available for issuance and the
licensee is not actively operating the business for which the license has
been issued.
AUTHORITY TO REFUSE A LICENSE
7.1
The Licensing Officer may refuse to issue or renew a license where an applicant
or licensee has failed to file an application that meets the requirements of this by-
law.
7.2
Where a licensee has filed a renewal application that does not meet all of the
requirements of this by-law, and there are extenuating circumstances which
prevent the licensee from meeting said requirements prior to the deadline date for
renewal, the Licensing Officer, may issue the license subject to compliance with
stated conditions within 60 days of the date of issue or may prepare a written notice
as set out in section 7.4.
7.3
Where the Licensing Officer has reasonable grounds to believe that an applicant
or licensee is not entitled to be licensed for any of the grounds set out in section
6, the Licensing Officer shall prepare a written notice as set out in section 7.4.
CONTENT OF WRITTEN NOTICE
7.4
The written notice to be given under subsection 7.2 and 7.3 shall:
7.4.1 set out reasonable particulars of the grounds upon which the applicant or
licensee is not entitled to be licensed;
7.4.2 be signed by the Licensing Officer, and
7.4.3 inform the applicant or licensee that he is entitled to a hearing before the License
Tribunal if he delivers within seven (7) days after the date of service of the written
notice, a written request for a hearing before the License Tribunal, together with
the non-refundable fee set out in County Fees and Charges By-law.
SERVICE OF WRITTEN NOTICE
7.5
Except as otherwise provided to the contrary, written notice referred to anywhere
in this by-law is sufficiently served if delivered personally or sent by regular letter
mail addressed to the person to whom service is required to be made according
to the Licensing Department records.
7.6
When service is made by regular mail, the service shall be deemed to be made
on the fifth day after the day of mailing unless the person on whom service is
being made establishes that he did not, acting in good faith, through absence,
accident, illness or other cause beyond his control, receive the written notice until
a later date.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 8
HEARING FEE & NOTICE
7.7
Where the applicant fails to make a request for a hearing in accordance with
subsection 7.4.3, the Licensing Officer may refuse to issue a license, refuse to
renew a license, suspend a license or revoke a license.
7.8
Where a written request for a hearing is received in accordance with subsection
7.4.3, the Licensing Officer shall request a hearing before the License Tribunal
and shall give the applicant or licensee reasonable written notice in accordance
with the requirements of the Statutory Powers Procedures Act, R.S.O. 1990, c S.
22. Where the good character, propriety of conduct or competence of the
applicant or licensee is an issue, the notice shall provide reasonable information
of any allegations with respect thereto.
7.9
Where a notice is received pursuant to section 7.4.3 and a hearing date before
the License Tribunal has been fixed and the applicant or licensee who has been
given notice of the hearing does not attend the hearing, the License Tribunal
may proceed in the absence of the applicant or licensee and the applicant or
licensee will not be entitled to any further notice in the proceedings.
HEARING
7.10 The hearing before the License Tribunal shall proceed in accordance with the
Statutory Powers Procedure Act, R.S.O. 1990, c S. 22.
AUTHORITY TO REFUSE TO LICENSE, RENEW, SUSPEND OR REVOKE
7.11 Where a licensee has filed a renewal application that does not meet all of the
requirements of the by-law, and there are extenuating circumstances which
prevent the licensee from meeting said requirements prior to the deadline date
for renewal, the License Tribunal may order that a license be issued conditional
upon meeting the requirement by a specified date or may order that the license
be refused.
7.12 Where the License Tribunal finds that an applicant or licensee is not entitled to
be licensed for any of the grounds set out in section 6, the License Tribunal shall
order that the license be refused, suspended or revoked. Where a license is
revoked or suspended by the License Tribunal the license fee shall not be
refunded.
7.13 Where the License Tribunal finds that there are insufficient grounds to refuse a
license for the reasons as set out in section 6, the License Tribunal shall order
that the license be issued or that the license be issued conditional upon specified
terms and conditions.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 9
TERMS AND CONDITIONS OF A LICENSE
7.14 Notwithstanding any other provisions of this By-law, the License Tribunal may
impose conditions including special conditions as a requirement of continuing to
hold a license at any time during the term of the license, and may impose special
conditions on a business in a class that have not been imposed on all of the
businesses in that class in order to obtain, continue to hold or renew a license
which may include, but are not limited to, conditions restricting the hours of
business or condition that the business owner or operator have employees in
attendance at the business location during the hours of operation to ensure
public safety and comfort.
WRITTEN DECISION
7.15 At the conclusion of a hearing the License Tribunal shall, as soon as practicable,
give its final decision and any order in writing, and shall give reasons in writing if
requested by a party to the hearing.
NOTICE OF DECISION
7.16 The License Tribunal shall send the licensee or applicant or their representative,
and the Licensing Officer, a copy of its final decision or order, including reasons,
if any have been given, by regular letter mail, by electronic transmission, or by
telephone transmission by facsimile.
DECISION FINAL
7.17 The decision of the License Tribunal is final.
INSPECTION
8.
On receipt of an application for a license or for renewal of a license or as a
condition of the continuation of a license, the applicant or licensee is required to
allow the municipality, at any reasonable time, to enter the business premises to
inspect the premise, equipment, vehicle, or personal property used in connection
with the business.
RIGHT TO INSPECT BOOKS AND RECORDS
9.
Upon an inspection under Section 8, the inspector is entitled to inspect all books
of account, vouchers, correspondence and the records of the person being
inspected that are relevant to the purposes of the inspection.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 10
OBSTRUCTION OF INSPECTOR
10.
No person shall obstruct the inspector performing an inspection pursuant to
Section 8 or withhold, destroy, conceal or refuse to furnish any information or
thing required by the inspector or construct or equip a place or premise used for
the business so as to hinder the enforcement of this by-law.
DISPLAY OF LICENSE
11.
(1)
Every Licensee shall prominently display the license at the location of the
licensed business at all times and shall produce the license upon request
by a Licensing Officer, Municipal Law Enforcement Officer, or peace
officer.
(2)
Where the licensee does not have licensed premises, the licensee shall
carry the license at all times when the licensee is engaged in the activity
for which the license has been issued and shall produce the license upon
request by a Licensing Officer, Municipal Law Enforcement Officer, or
peace officer.
LICENSE NOT TRANFERABLE
12.
A license issued under this By-law is not transferable.
CHANGE OF LICENSE
13.
No person to whom a license has been issued under this By-law shall alter,
erase or modify or permit the alteration, erasure or modification of that license or
any part thereof, unless approved by the Licensing Officer.
TERM OF LICENSE
14.
Every license expires on February 28th of the calendar year next following the
year it was issued.
REQUIREMENT TO NOTIFY OF CHANGES
15.
(1)
Prior to implementing any change in the licensed activity as detailed in the
license certificate, every licensee shall notify the Licensing Officer.
Changes to the licensed activity include but are not limited to:
(a)
any change in the licensee's business address;
(b)
any change in the number or composition of officers or directors, if
a corporation, or partners, if a partnership; or
(c)
any change in business name; or
(d)
any change in business location
(e)
any change to the licensed vehicle
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 11
(2) Where a change as indicated in section 15(1) has occurred every licensee
shall produce upon request by the Licensing Officer, any information required
to process approval of the amendment and pay any required fee.
(3) The granting of any amendment is subject to the approval of the Licensing
Officer.
(4) Upon approval of any amendment, the licensee shall return the current
license to the Licensing Officer.
RETURN OF LICENSE
16.
(1)
Where a license has been revoked, the holder of the license shall return
the license to the Licensing Officer within twenty-four (24) hours of receipt
of notification of revocation.
(2)
Where the license is not returned within twenty-four (24) hours as set out
in subsection 16 (1), a Licensing Officer, Municipal Law Enforcement
Officer, or a peace officer may enter upon the premises of the holder of
the license for the purpose of receiving or taking the said license and no
person shall refuse to deliver or in any way obstruct or prevent a Licensing
Officer, Municipal Law Enforcement Officer, or peace officer from
obtaining the license.
ORDER TO COMPLY
17.
Where a licensee has contravened any provisions of this By-law or its schedules
a Licensing Officer, Municipal Law Enforcement Officer, or peace officer may:
(1)
serve a written notice on the licensee advising of the contravention and
directing compliance; or
(2)
Pursuant to section 427 of the Municipal Act, 2001, S.O. 2001, c. 25,
direct in a written order that a thing or matter is required to be done and in
default of such matter or thing being done, the matter or thing will be done
at the licensee's expense and the County will recover the expense by
action or in like manner as municipal taxes; or
(3)
Pursuant to section 150 (8) (k) of the Municipal Act, 2001, S.O. 2001, c
25, require the payment by a licensee of additional fees at any time during
the term of the license for cost incurred by the municipality attributable to
the activities of the business;
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 12
NOTICE
18.
(1)
Any notice or order required to be given or served under this By-law shall
be sufficiently given or served if delivered personally or sent by registered
mail, addressed to the person to whom delivery or service is required to
be made at the last address for service appearing on the license records.
(2)
Where service is made by registered mail, the service shall be deemed to
be made on the seventh day after the date of mailing, unless the person
on whom service is being made establishes that he did not, acting in good
faith, through absence, accident, illness or other cause beyond his control,
receive the notice or order until a later date.
PENALTY
19.
(1)
Pursuant to section 161 (2) of the Municipal Act, 2001, S.O. 2001, c. 25,
every person who contravenes a provision of this by-law, and every
director or officer of a corporation who concurs in the contravention of a
provision of this by-law by the corporation, other than a provision
regulating and governing an adult entertainment establishment, is guilty of
an offence and upon conviction is liable to a fine not exceeding $25,000.
(2)
Pursuant to section 161 (2) of the Municipal Act, 2001, S.O. 2001, c. 25,
every person who contravenes a provision of this by-law regulating and
governing an adult entertainment establishment, and every director or
officer of a corporation who concurs in the contravention of a provision of
this by-law regulating and governing an adult entertainment establishment
by the corporation, is guilty of an offence and upon conviction is liable to a
fine not exceeding $25,000 or to imprisonment for a term not exceeding
one year, or to both
(3)
Where a corporation is convicted of an offence under subsection (1) or (2),
the maximum penalty that may be imposed on the corporation is $50,000
and not as provided in those subsections.
ORDER CLOSING PREMISES
20.
(1)
Pursuant to section 432 (1) of the Municipal Act, 2001, S.O. 2001, where
an owner is convicted of knowingly carrying on or engaging in a trade,
business or occupation on, in or in respect of any premises or any part of
any premises without a license required by this by-law, the court may
order that the premises or part of the premises be closed to any use for a
period not exceeding two years.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 13
(2)
Pursuant to section 432 (2) of the Municipal Act, 2001, S.O. 2001, where a
person is convicted of a contravention of this by-law, other than a
conviction described in subsection (1), and the court determines that the
owner or occupant of the premises or part of the premises in respect of
which the conviction was made knew or ought to have known of the
conduct which formed the subject matter of the conviction or of any
pattern of similar conduct, the court may order that the premises or part of
the premises be closed to any use for a period not exceeding two years.
EXEMPTIONS
21.
Notwithstanding any other provisions of this By-law, the following businesses or
persons are exempt from all or such parts of this by-law as are indicated below:
(1)
The Burford Agricultural Society
(2)
The Paris Agricultural Society
(3)
Any person conducting business on land owned by the Burford
Agricultural Society or the Paris Agricultural Society
21.1 Relief from certain provisions of this By-law may be granted for a film
project carried on in accordance with an approved and valid Film Permit or
Film Location Agreement issued under the County of Brant Film Policy.
VALIDITY
22.
(1)
If a court of competent jurisdiction declares any section or part of a section
of this By-law invalid, it is the intention of Council that the remainder of the
By-law shall continue to be in force.
(2)
The schedules annexed to this By-law in respect of the various licenses
set out in this By-law are hereby incorporated into and form a part of this
By-law.
INTERPRETATION
23.
(1)
Words importing the singular number or the masculine gender only,
include more persons, parties or things of the same kind than one and
females as well as males and the converse.
(2)
A word interpreted in the singular number has a corresponding meaning
when used in the plural.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 14
SHORT TITLE
24.
This By-law may be referred to as the Business Licensing By-law.
READ a first and second time, this 7th day of February, 2006.
READ a third time and finally passed in Council, this 7th day of February, 2006.
THE CORPORATION OF THE COUNTY OF BRANT
Mayor
Clerk
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 15
BY-LAW NUMBER 50-06
SCHEDULE 1 - MOBILE REFRESHMENT SALES
1.
Definitions
1.1
Fuel Safety Branch means the Fuel Safety Branch of the Ministry of
Consumer and Commercial Relations.
1.2
Medical Officer of Health means the Medical Officer of Health of the Brant
County Health Unit or their designate.
1.3
Refreshment means any item of food or drink for human consumption.
1.4
Vehicle includes a motor vehicle, trailer, cart, bicycle and any vehicle capable
of being drawn, propelled or driven by any kind of power including muscular
power.
1.5
Ice cream Vendor means a person who sells single serving ice and ice cream
products from a pedal driven vehicle.
2.
Exemption
A Mobile Refreshment Sales License is not required if:
2.1 the sale is conducted by a non-profit organization or as part of an
event approved by Council and proof of approval has been provided; and
2.2 the food is prepared using a C.S.A. or U.L. approved non-commercial
barbeque, sold for normal household use; and
2.3 the sale is in compliance with the County Zoning By-law; and
2.4 proof that the Brant County Health Unit has been advised of the date(s)
and time(s) of the event has been provided.
3.
Exemption
A Mobile Refreshment Sales License is not required if the sale is conducted
as part of an event approved by Council and a Special Event Application has
been filed by the event organizer in accordance with the Special Event
Request Procedure.
4.
Separate License Required
A separate license is required for each vehicle or fixed sale location and such
license shall be known as a "Mobile Refreshment Sale License".
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 16
5.
Zoning Requirements
The licensee must operate in compliance with the zoning by-law and where
the operation is from a fixed location, the applicant, upon first application for
that location, must provide a zoning certificate verifying that the proposed
location does not contravene the applicable Zoning By-law.
6.
Outstanding Orders
The applicant must satisfy any outstanding orders against the vehicle or
premises prior to the issuance of a license.
7.
Health Unit Certification
Every applicant must provide annually, certification from the Medical Officer of
Health stating that the food premise for which the license is being sought,
meets the applicable requirements for food premises contained in Ontario
Regulation 562/90 pursuant to the Health Protection and Promotion Act,
R.S.O. 1990, as amended.
8.
Propane Certification
Where propane fueled appliances are used in the operation of the business,
the applicant must provide annually, certification from a Certified Propane
Fitter, who is or is employed by a contractor registered by the Fuel Safety
Branch of the Ministry of Consumer and Commercial Relations, that the
appliances have been inspected in the past thirty (30) days and have been
installed and are operating in compliance with the propane storage handling
regulation, Technical Standards and Safety Act 2000, S.O. 2000, c. 16, O.
Reg. 211-01.
9.
Fire Code Compliance
Where the business is equipped with combustible fueled appliances or where
otherwise required by the Chief Fire Official, the applicant shall submit to an
annual inspection of the fire extinguishing system and comply with any
directions issued by the Chief Fire Official or their designate.
10.
Fire Separation Compliance
The licensee must ensure that any vehicle equipped with combustible fuelled
appliances, is not operated within ten feet of any structure, door, window, or
opening including any alcove or alley.
11.
Sale Location on Municipal Property
Council approval is required when the proposed sale location is on municipally
owned property.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 17
12.
Insurance Requirements (Sales from Municipal Property/Road
Allowance)
Where Council approval to operate on municipal property has been granted,
the applicant must file with the Corporation proof of public liability insurance in
the amount of $2,000,0000, naming the Corporation as an additional insured
and shall save and hold harmless the municipality in respect to any and all
occurrences with respect to the operation of the business on municipal
property.
13.
Site Requirements
Except where otherwise exempted by Council, the licensee shall ensure that
every vehicle used for refreshment sales from a fixed location shall be
situated on a surface of asphalt or concrete capable of supporting the weight
of the vehicle and such surface must cover the ground fronting the vehicle
along its entire length and extending out in front of the vehicle a distance of
two (2) metres.
14.
Refuse Container
The licensee must provide on site and accessible to patrons, a non-
combustible garbage container complete with a lid and a recycling container,
both sized to accommodate one day's waste.
15.
Name and License Number to be Displayed
The name and license number of the licensee shall be displayed on the
outside of the vehicle in characters a minimum of 10 centimetres in height, in
a place clearly visible to patrons.
16.
Restrictions on Sales from Pedal Driven Vehicles
The licensee shall not conduct sales from any vehicle on any four lane
highway or on any highway on which there is a speed limit in excess of 50 km
per hour, or in an area where parking or stopping is prohibited.
17.
Age Restrictions
The licensee shall not permit any pedal driven vehicle to be operated by any
individual under the age of 14 years. The licensee shall provide the County
with a current list of all operators, which includes their name, address, and a
copy of their birth certificate. The licensee must notify the County of any
changes to the list of operators. Where the operator has reached the age of
majority, a Police Record Clearance Certificate must be provided.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 18
18.
Operational Requirements
The licensee must conduct the business and maintain all equipment in
compliance with Propane Storage and Handling regulation, O. Reg. 211 / 01
under the Technical Standards and Safety Act 2000, S.O. 2000, c. 16, as
amended, the Ontario Regulation 562/90 for Food Premises under the Health
Protection and Promotion Act, R.S.O. 1990, as amended, the Ontario Fire
Code, Ontario Regulation 388/97 under the Fire Protection and Prevention
Act, S.O. 1997, as amended, the County Property Standards By-law and any
other applicable legislation or County of Brant By-law, as a condition of the
license.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 19
BY-LAW NUMBER 50-06
SCHEDULE 2 - PEDDLERS
1.
Definitions
1.1
Door to Door Sales means peddling by door-to-door solicitation
1.2
Specific Location Sales means peddling, within a fixed period of time not
to exceed six weeks, from a fixed location that is not part of a structure
that has been assessed as a commercial establishment and includes but
is not limited to the peddling of flowers, fresh produce, Christmas trees or
fireworks.
2.
License Required
Subject to the exemptions stated in Section 2 (1) (d) of this by-law, any
person engaged in the peddling of goods and services must obtain a
license pursuant to this Schedule and such license shall be known as a
Peddler's License.
3.
Written Description of Goods /Services
Every applicant shall file with the application a written statement fully
describing the good or services he intends to peddle and any further
documentation or information as required by the Licensing Officer.
4.
Hours of Operation
No person licensed under this section shall peddle goods or services
before 9:00 am or after 9:00 pm any day.
5.
Zoning Certificate Required
Every applicant for a 'Specific Location Sale' shall provide a zoning
certificate verifying that the proposed location does not contravene the
Zoning By-law.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 20
BY-LAW NUMBER 50-06
SCHEDULE 3 - AUTOMOBILE WRECKING YARDS
1.
License Required
Any person operating an Automobile Wrecking Yard business must obtain
a license pursuant to this Schedule and such license shall be known as an
Automobile Wrecking Yard License.
2.
Zoning Certificate Required
Every applicant for a Automobile Wrecking Yard shall provide a zoning
certificate verifying that the proposed location does not contravene the
Zoning By-law.
3.
Outstanding Orders
The applicant must satisfy any outstanding orders against the premises
prior to the issuance of a license.
4.
Requirement to operate in compliance with applicable legislation
Every licensee is required to operate and maintain the Automobile
Wrecking Yard in compliance with the Building Code Act, the Fire
Protection and Prevention Act, the Environmental Protection Act, the
Health Promotion and Protection Act, the Property Standards By-law and
other applicable legislation, by-laws or agreements, as a condition of the
license.
5.
Fencing Requirements
Unless otherwise exempted by by-law or provided for in an applicable
zoning by-law or site plan agreement, every licensee shall erect or cause
to be erected a fence that completely encloses the area where salvage is
being stored and which is constructed as follows:
(a)
of painted or preserved board or corrugated pre-finished steel of at
least 28 gauge, supported by pressure treated or galvanized or
painted steel posts, not more than 3.05 metres apart which are set
in concrete in the ground to a depth of at least .91 metres.
(b)
having a height of at least 2.13 metres
(c)
all supporting horizontal members and posts shall be on the inside
of the area enclosed by the fencing
(d)
so that it forms a complete visual barrier
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 21
6.
Waiving Fence Requirements
The fencing requirements, or any part thereof, may be waived by By-law,
where Council is satisfied that the nature of the use of the abutting lands
renders the requirement unnecessary, on the condition that the waiving of
any requirement can be rescinded upon 60 days notice to the licensee.
7.
Maintenance of Fence
Every licensee shall ensure that all fences are a uniform colour, properly
maintained, and that all accesses to the Automobile Wrecking Yard are
kept locked except when in actual use or when there is staff in the
wrecking yard.
8.
Surface Treatment
Every licensee shall provide stable surface treatment on all driveways and
parking areas.
9.
Storage of Materials
Every licensee shall ensure salvage is stored in a safe manner, within the
fenced area, in such a manner that it does not come in contact with the
fencing and so that it does not exceed the height of the fence.
10.
Existing Yards - Compliance to Standards
Every person operating a Automobile Wrecking Yard, which legally existed
under the provisions of the applicable Zoning By-law, prior to the date of
the passage of this by-law shall be granted three (3) years from the date
of passage of this by-law, to come into compliance with sections 5, 8, and
9 of this by-law.
11.
Record keeping requirements
No licensee shall fail to maintain at their licensed premises, an accurate
record respecting all goods sold, collected, obtained, purchased or taken
in exchange, detailing the following:
(a)
the date and place of transaction
(b)
a full description of the article and serial number, if applicable
(c)
the consideration given
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 22
(d)
the name and address of the person from whom the article was
acquired
(e)
the license plate number of any vehicle used to deliver the goods
12.
Obliterated Serial Number
The licensee shall not purchase or acquire from any person, any article or
object on which the serial number has been obliterated or mutilated,
without first having given notice to the Police 24 hours prior to the
intended purchase or acquisition.
13.
Purchase from minors
The licensee shall not acquire directly or indirectly, by purchase, exchange
or otherwise any goods or articles from any individual under the age of 16.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 23
BY-LAW NUMBER 50-06
SCHEDULE 4 - ADULT ENTERTAINMENT ESTABLISHMENT
1.
Definitions
1.1
Attendant means any person who provides services designed to appeal to
erotic or sexual appetites or inclinations at an Adult entertainment
establishment.
1.2
Partial Nudity means less than completely and opaquely covered human
genitals or human pubic region, human buttocks or the human female
breast below the point immediately above the top of the areola.
1.3
Physical Contact means direct physical contact, indirect physical contact
and physical contact through the use of objects.
1.4
Provide includes to furnish, perform, or solicit.
1.5
Services designed to appeal to erotic or sexual appetites or inclinations
means a live performance, exhibition or activity of which a principal feature
or characteristic is the nudity or partial nudity of any individual or which in
respect of which the word "nude", "naked", "sexy", or any other word,
picture, symbol or representation having like meaning or implication is
used in any advertisement.
2.
License Required
Every owner or operator of an Adult entertainment establishment must
obtain a license pursuant to this Schedule and such license shall be
known as an Adult entertainment establishment License.
3.
Annual License
An Adult entertainment establishment license shall identify the specific
premise being operated as an Adult entertainment establishment.
4.
Annual License Limitation
At any given time, not more than two (2) annual licenses shall be issued.
5.
Special Occasion License
A special occasion license may be issued for an Adult entertainment
establishment for a single event which does not exceed 6 hours.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 24
6.
Special Occasion License - Limitation
No person shall be issued more than one (1) special occasion permit in
any calendar year and no more than six (6) special occasion permits shall
be issued in any calendar year.
7.
Compliance with Zoning
An Adult entertainment establishment license shall not be issued unless
the applicant has provided a zoning certificate verifying that the operation
of the Adult entertainment establishment does not contravene the
applicable Zoning By-law.
8.
Outstanding Orders
The applicant must satisfy any outstanding orders against the business or
premises prior to the issuance of a license.
9.
Construction and Equipment of Premises
The Adult entertainment establishment shall be constructed or equipped
so as not to hinder or prevent the enforcement of this by-law.
10.
Admission / Employ - Minimum Age
The licensee shall not employ or permit any individual under the age of
eighteen (18) years to enter or remain in an Adult entertainment
establishment or any part thereof.
11.
Touching Prohibited
The licensee shall not permit an attendant, while providing services as an
attendant, to touch or be touched by or have any physical contact with any
other individual in any manner whatsoever, involving any part of that
individual's body.
12.
Performances in Full View of Patrons
Every licensee shall ensure that all services provided by an attendant are
done only within view of all patrons without obstruction to that view by
partitions, curtains, doors or other visual barriers.
Consolidated By-law Number 50-06 (As amended by 51-10, 34-12, 45-14 & 59-25)
Page 25
13.
Requirement to operate in compliance with applicable legislation
Every licensee, as a condition of the license is required to operate and
maintain the Adult entertainment establishment in compliance with the Fire
Protection and Prevention Act, S.O. 1997, the Building Code Act, S.O.
1992, Health Promotion and Protection Act, R.S.O. 1990, and other
applicable legislation or by-laws.
14.
Right of Entry
Pursuant to section 151(3) of the Municipal Act, 2001, S. O. 2001, c.25, a
municipality may, at any time of the day or night, enter any adult
entertainment establishment licensed, regulated or governed by a by-law
under this by-law to determine whether the by-law is being complied with
and, for this purpose, may make such examinations, investigations and
inquiries as are necessary.
15.
Evidentiary Rule
Pursuant to section 151(5) of the Municipal Act, 2001, S. O. 2001, c.2, for
the purpose of a prosecution or proceeding under a by-law licensing,
regulating or governing adult entertainment establishments, the holding
out to the public that the entertainment or services described in the by-law
are provided in the premises or any part of them is admissible in evidence
as proof, in the absence of evidence to the contrary, that the premises or
part of them is an adult entertainment establishment.