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BY-LAW NO. 01-2014
A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE
TO LICENSE, REGULATE AND GOVERN CERTAIN TRADES, CALLINGS,
BUSINESSES OR OCCUPATIONS
WHEREAS Section 151(1) of the Ontario Municipal Act, 2001 deems that, a local municipality
may provide for a system of licenses with respect to a business;
AND WHEREAS the Council of the Corporation of the Town of Carleton Place deems it desirable
and necessary to enact a by-law regarding the licensing, regulating and the governing of certain
trades, callings, businesses and occupations;
NOW THEREFORE, the Council of the Corporation of the Town of Carleton Place enacts as
follows:
SECTION I - DEFINITIONS
Applicant
means a person applying for a licence under this by-law
Business
means a commercial establishment within the Town of
Carleton Place
Clerk
means the Clerk of the Corporation of the Town of
Carleton Place
Community Special Event
means an event hosted or sponsored by the Town of
Carleton Place or Committee thereof, the Carleton
Place Chamber of Commerce, the Carleton Place
Business Improvement Association or any other such
community like based organization
Corporation
means the corporation of the Town of Carleton Place
Council
means the Council of the Town of Carleton Place
Farmers' Market Association
means an association of farmers whose items for sale
are grown or produced on farmland within the Province
of Ontario
Flea Market Association
means an association of retailers whose items are sold
in an outdoor market atmosphere on specified dates
and times as part of the noted association.
Fire Department
means the Ocean Wave Fire Company
Licence
means a licence issued under this by-law
Licensed
means licensed under the provisions of this by-law
Licensee
means a person licensed under this by-law
Municipal By-law Enforcement Officer
means a by-law enforcement officer of the Corporation
of the Town of Carleton Place
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Person
means an individual human being of the male or female
gender
Police Service
means the Carleton Place detachment of the Ontario
Provincial Police
Pet Shop Licence
means an owner or operator of a shop where pets are
displayed and/or sold to the public
Salesperson
means any and every employed by a firm or company
who goes from place to place (or to a particular place)
with goods, wares or merchandise for sale or lease.
This definition shall also include any person or persons
who carries and exposes samples, patterns or
specimens of any goods, wares or merchandise that to
be delivered in the Town of Carleton Place. Further,
every person who offers or promotes the entering into a
contract for the provision of goods or a service shall
also be included within this definition.
SECTION II - LICENCES
1.
a) No person shall carry on within the Town of Carleton Place any trade, calling,
business or occupation unless he/she has obtained from the Corporation a
licence authorizing him/her to carry on the trade calling, business or occupation
in accordance with Schedule A, Schedule B (if applicable) and Schedules 1 and
2 of this by-law.
b)
Each and every person who holds a licence shall, in carrying on or engaging in,
the trade, calling, business or occupation for which the licence is issued, comply
with this by-law and the provisions of the schedules to this by-law that relate to
the person's trade, calling, business or occupation.
c)
No person shall sell or expose for sale any sample, patterns or specimens of
goods, wares or merchandise to the public from an automobile or truck or other
such motor vehicle.
Further, this restriction does not include a licensed refreshment vehicle in
accordance with the refreshment vehicle by-law.
d)
Yard Sales
A yard sale shall not start before 7:00 a.m. and all sales shall terminate by 6:00
p.m. No yard sale shall be permitted before April 1st or after November 1st of
each year. No licence shall be required for 2 annual yard sales form a
residential property. No person shall be permitted to hold a yard sale of items
from the individual's home more than twice each calendar year unless they
obtain a valid salesperson licence.
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2.
Local Charitable/Non-Profit Organizations
Notwithstanding the provisions of Section II(1) - LICENCE, charitable/non-profit
organizations with a business address within the limits of the Town of Carleton Place
shall be permitted to apply for one comprehensive charitable/non-profit organization
licence from the Corporation. The fee and time limit for such licence is detailed in
Schedule A. Prior to the issue of any licence under this section of the by-law, the
applicant/organization shall be required to deposit with the Clerk all applicable
documentation regarding the relevant charitable/non-profit organization. Examples of
these organizations are service clubs, church groups and sport organizations.
3.
Farmers' Market Association
Notwithstanding the provisions of Section II(1) - LICENCES, a Farmers' Market
Association shall be permitted to apply for one comprehensive licence from the
Corporation. The fee and limit of the licence are detailed in Schedule A.
The application for a Farmers' Market licence shall be submitted by the president of the
said organization and shall contain a list of the names and address of each farmer, as
well as a list of their goods, crops, and produce or crafts offered or exposed for sale.
The said application shall also indicate the location of the proposed Farmers' Market,
the written approval of the private property owner and the number or weeks or months
of proposed operation of the Farmers' Market.
Items exposed for sale shall be limited to those goods, wares, crops and other items
crafted or produced from the individual farms and listed on the application for a
Farmers' Market Licence. The cooking and selling of prepared food may be
permitted under a Farmers' Market Licence.
Further only CPFM members who follow the policies clearly outlined in the CPFM
Vendor Handbook of Rules and Regulations be allowed to sell prepared food at
the Market Square during Farmers' Market hours.
4.
Community Special Events
Notwithstanding provisions of Section II (I) - Licenses; business or organizations under
the jurisdiction of a community special event as defined in Section I shall be exempt
from the requirements of a licence.
5.
Flea Market
Notwithstanding the provisions of Section II (1) Licenses, the Carleton Place Flea
Market Association shall be permitted to apply for one comprehensive annual licence
from the Corporation.
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Further, the application for a Flea Market licence shall be submitted by the President of
the said Association and shall contain a list of names and addresses of each retailer as
well as list of their goods and merchandise for sale. Attached to the application shall be
the written list of their goods and merchandise for sale. Attached to the application
shall be the written contract for the use of the property, location and hours of operation
of the flea market.
The use of the property and items for sale shall conform to the list of permitted uses in
accordance with the Development Permit By-law.
Refreshment vehicles and refreshment carts are not included within this category.
SECTION III - APPLICATIONS
1.
Every person who requires a licence under the provisions of this by-law for any trade,
calling, business or occupation shall:
a)
Apply to the clerk upon such form or forms as shall be prescribed by the
Corporation;
b)
Provide any documentation required in accordance with this by-law;
c)
Pay, by cash or debit, the applicable licence and application fee set out in
Schedule A to this by-law
2.
a)
If a licence is not issued, the application fee referred to in Section III 1. d) shall
not be refunded;
b)
The licence fee referred to in Section III 1. d) shall not be reduced or pro-rated
3.
Where a business or an association applies for a licence in accordance with Section
II(2) and (3), the names and addresses or each member of the partnership or
association shall be set out in the application.
SECTION IV - PROCESSING AND ISSUANCE
1.
The Corporation reserves the right to investigate any business or individual who applies
for a licence under this by-law. Such investigation shall be conducted by the Police
Services and reported to the Clerk. The issuance of any licence may be subject to the
written approval of the following:
a)
Carleton Place detachment of the O.P.P.
b)
Ocean Wave Fire Company
c)
Medical Officer of Health
d)
Planning Department of the Corporation
e)
Building Department of the Corporation
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SECTION V - REFUSAL TO ISSUE
1. The Clerk shall refuse to issue any licence if the applicant does not meet the requirements
for application as set out in this by-law, or if he investigations referred to in Section IV
disclose a breach of this or any by-law of the Corporation, Provincial Law or Federal
Law, or which may be contrary to the public interest, including public safety and/or
health.
SECTION VI - EXPIRY
1. An annual licence issued under this by-law shall be valid only from the date of its issue
until December 31st of the year of its issue. A monthly licence shall be valid for one
month from the date of issue.
SECTION VII - RENEWAL
1.
The Clerk may renew an existing licence if the licensee:
a)
Fulfils the application requirements set out in Section III; and
b)
Pays by cash or debit the applicable licence fee set out in Schedule A to this by-
law
2.
An application for renewal made thirty (30) days after the expiry date of the licence set
out in Schedule A to this by-law shall be treated as a new application
SECTION VIII - REFUSAL TO RENEW
1.
A licence shall not be renewed by the Clerk until it has been determined that the
licencee has complied with:
a)
The regulations under the jurisdiction of the Police Services;
b)
This or any other by-laws of the Corporation; and
c)
Any other Federal or Provincial statutes
2.
The Clerk may refuse to renew the licence if the licencee does not meet all of the
requirements for renewal as set our in Section VII of this by-law
3.
If the Clerk refuses to renew the licence, the licencee shall receive notice of refusal in
writing, said notice to be served personally upon or sent by prepaid registered mail to
the licencee
SECTION IX - TRANSFERS
1.
Licenses issued to salespersons are not transferable
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SECTION X - GENERAL PROVISIONS
1.
Every person obtaining a licence under this by-law:
a)
Where the licence applies to a premises, shall keep his/her licence posted up in
a conspicuous place on the premises in respect to which the licence is issued;
and
b)
Where the same does not apply to a premises, shall keep on his/her person the
licence issued
2.
Every person applying for or holding a licence under this by-law shall comply with the
regulations set out in the respective schedules to this by-law.
3.
A licence is issued subject to the condition that the holder of the licence indemnifies in
writing and saves harmless the Corporation and the employees, contractors and agents
of the Corporation from all loss, damage, legal action, costs and expenses arising from
the carrying on of the business, trade, calling or occupation for which the licence was
issued.
4.
No person shall enjoy vested rights in the continuance of a licence and upon the issue,
renewal, cancellation or suspension thereof, the value of the licence shall be the
property of the Corporation of the Town of Carleton Place.
5.
No person licensed under this by-law shall refuse to permit a guide dog, while serving
as a guide or leader for a blind person, to enter and remain upon his/her premises or in
his/her vehicle during the carrying on of the trade, calling, business or occupation in
respect of which the licence is granted.
SECTION XI - INSPECTIONS
1.
A municipal by-law enforcement officer may:
a)
At all reasonable times, inspect the building, place or premises that is used for a
trade, calling, business or occupation for which a person is licensed or is
required to be licensed; and
b)
When deemed necessary by said officer, inspect the books, records or other
documents of the trade, calling, business or occupation.
2.
No person who is licensed or required to be licensed, shall hinder or obstruct
inspections referred to in this section, or cause the inspections to be hindered or
obstructed.
3.
Every person who obtains a licence under this by-law shall produce the licence when
requested to do so by a member of the public, municipal by-law enforcement officer or
a police officer of the Ontario Provincial Police.
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SECTION XII - REVOCATION AND SUSPENSION
1. a) Council may suspend or revoke any licence issued under this by-law. Before
suspending or revoking any such licence, the holder thereof shall be given at
least seven (7) days notice by registered letter signed by the Clerk and mailed or
hand-delivered to address given by the licencee in his/her application, and shall
be permitted either by himself/herself or his/her representative to appear before
the Council to show cause why he/she believes such licence should not be
revoked.
b) Upon suspension or revocation of a licence issued under this by-law the licencee
shall return to the Corporation all licenses where applicable issued by the
Council with reference to such licence, and the person authorized by Council
shall have access to any premises, or their property for the purpose of receiving
or taking the licence, and no person shall refuse to deliver the licence to such
person authorized by the Council or shall, in any way, prevent or hinder such
person from receiving or taking the same.
SECTION XIII - PENALTY AND ENFORCEMENT
1.
Any person who contravenes any of the provisions of this by-law and the procedures
with respect thereto is guilty of an offence and enforcement and the penalty imposed
thereunder shall be subject to the provisions of The Provincial Offences Act, R.S.O.
1990, chapter P. 53 and any amendments thereto, and the penalty for the commission
of any such offence shall be as provided for the said Provincial Offences Act.
2.
Where a provision of this by-law conflicts with a provision of another by-law in force in
the Town of Carleton Place, provisions that establish the higher standards shall prevail
in order to protect the health, safety and welfare of the general public.
3.
This by-law shall be enforced by the Municipal By-Law Enforcement Officer and/or an
officer of the Police Services.
4.
It is the declared intention of the Council of the Corporation of the Town of Carleton
Place that any section or part of a section of this by-law which may subsequently be
held to be illegal shall be severable from the remainder of the by-law and shall not be
deemed to have persuaded or influenced the Council to pass the remainder of the by-
law.
5.
Schedules A, B, 1, and 2 shall form part of this by-law.
6.
This by-law shall come into force and take effect on the date of final approval of short
form wording regarding set fines as approved by the Regional Judge.
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SECTION XIV - REPEAL OF BY-LAWS
THAT By-law No. 68-2005 and any subsequent amendments be hereby repealed in their
entirety. Licenses issued under By-law 68-2005 shall remain in effect until the date of expiry as
stated on each licence.
READ A FIRST TIME, SECOND TIME, THIRD TIME AND FINALLY PASSED THIS
14th DAY OF JANUARY 2014.
Wendy LeBlanc, Mayor
D.H. Rogers, Clerk
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SCHEDULE 1
SALESPERSON
Relating to the licensing, regulating and governing of salespersons
1.
No person shall carry on the trade or occupation of a salesperson within the Town of
Carleton Place without first obtaining a salesperson licence from the Corporation to do
so, and paying the licence fee required for a salesperson, as set out in Schedule A to
this by-law.
2.
No such licence is required for hawking, peddling or selling goods, wares or
merchandise:
a)
to wholesale or retail dealers in similar goods, wares or merchandise, or
b)
if the goods, wares or merchandise are hawked, peddled or sold by a person
who pays commercial tax in the Town of Carleton Place, or by his/her
employee, or by his/her agent, or
c)
if the goods, wares or merchandise are hawked, peddled or sold by an agent of
the grower, producer or manufacturer, acting on behalf of a dealer who pays
commercial tax in the Town of Carleton Place in respect of premises used for
the sale of such goods, wares or merchandise, or
3.
Any such servant or employee shall exhibit his/her authority when required to do so by
any municipal by-law enforcement officer or police officer.
4.
In a prosecution for a breach of the by-law, the onus of proving that he/she does not for
any of reasons mentioned in Section 2 require the licence, is upon the person charged.
5.
The issuance of a licence to operate as a salesperson within the Town of Carleton
Place does not constitute the granting of authority by the Corporation for the operation
of salespersons on privately owned property, without the property owner's consent. The
liability to obtain such consent rests solely on the licencee.
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SCHEDULE 2
PET SHOP LICENCE
1.
No person shall carry on the trade or business of a pet shop within the Town of
Carleton Place without having first obtained a licence from the Corporation to do so.
This licence shall be called a Pet Shop Licence, and paying the licence fee is required
for pet shops as set out in Schedule A to this by-law. A separate licence shall be taken
out in respect of each shop or place.
2.
Every person licensed as a keeper of a shop or place where animals or birds for use as
pets are sold or kept for sale shall comply with the following requirements:
a)
at all times maintain his/her shop or place of business in a sanitary, well
ventilated, clean condition and free from offensive odours;
b)
keep his/her stock of animals or birds in sanitary, well ventilated, well lighted,
clean quarters and maintain and keep such quarters at a healthful temperature
at all times;
c)
keep his/her stock of animals or birds in adequately sized cages having
removable metal or other impermeable bottoms which shall be cleaned daily;
and
d)
adequately feed and water his/her stock of animals or birds periodically each
day and keep same in a clean, healthy condition, free from vermin disease and
parasites.
3.
No person licensed as a keeper of a shop or place where animals or birds for use as
pets are sold or kept for sale or given away shall:
a)
keep any chicks, ducklings or other poultry, or
b)
keep any dyed animal
4.
No licensee shall:
a)
keep his/her stock of animals or birds in crowded quarters or cages;
b)
sell any diseased animals or birds;
c)
sell any domestic pet under the age of eight weeks; or
d)
display any animal, bird in any location subject to drafts or the rays of the sun
5.
Every licensee shall keep a record of each shipment of animals or birds purchased or
otherwise obtained, showing the date of arrival on the licensed premises, a description
of the animal or bird, the source of supply, and the full name and address of
subsequent purchasers of said animals or birds.
6.
Every licensee shall see that the records are not mutilated or destroyed, and they shall
be open to inspection by the Municipal By-law Enforcement Officer or any other person
designated at al times during business hours, and may be removed at any time for
inspection or for use in the courts.
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7.
Every licensee shall make every reasonable effort to obtain the name, address, and
description of anyone offering to him/her any dog which such person has cause or
reason to suspect has been stolen or otherwise unlawfully obtained and report the facts
promptly to the Police Services.
8.
The Medical Officer of Health or any member of his/her staff as he/she may designate,
and every other person authorized by the Council of the Corporation, may inspect any
shop or place where animals or birds for use as pet are sold and kept for sale.
9.
Every applicant for a licence to which this section relates shall, with his/her application,
file a certificate of fitness from the Medical Officer of Health.
10.
No person shall establish a pet shop within the limits of any zone except in accordance
with the Corporation's applicable Development Permit by-law.
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SCHEDULE "A"
FEES FOR LICENCES
Application Fee
$ 30.00
Transfer of Ownership Fee
$ 30.00
Relocation Fee
$ 10.00
Description of
Licence
Fee 2014
Fee -
2015
Fee -
2016
Fee -
2017
Fee -
2018
Expiry Date
Salesperson
(each)
$ 630.00
$ 635.00
$ 640.00
$645.00
$ 650.00 December
31st
Salesperson
(each)
$ 130.00
$ 135.00
$ 140.00
$ 145.00
$ 150.00 30 days
Local
Charitable/Non
Profit
Organizations
Nil
Nil
Nil
Nil
Nil Nil
Farmers' Market
Assoc. or Flea
Market Assoc.
$ 75.00
$ 75.00
$ 75.00
$ 80.00
$ 80.00 December
31st
Pet Shop Licence
$ 365.00
$ 370.00
$375.00
$ 380.00
$ 385.00 December
31st