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CORPORATION OF THE TOWNSHIP OF CENTRE WELLINGTON
BY-LAW NUMBER 99-59
A By-law respecting the issuing of Licences
within the Township of Centre Wellington.
WHEREAS the Council of the Corporation of the Township of Centre Wellington
has,
pursuant to The
Municipal Act,
R.S.O.
1990, chapter M.45,
S.257.2(1) as
amended, the authority to enact this by-law:
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
CENTRE WELLINGTON ENACTS AS FOLLOWS:
1.
INTERPRETATION
For the purpose of this By-law the following terms shall have the corresponding
meanings:
(a)
"Appeal Committee" means the Committee duly appointed by Council pursuant
to Section 17 of this By-law, or pursuant to any sUbsequent By-law to conduct
hearings on its behalf under this By-law;
(b)
"Applicant" means any Person whose name appears as the applicant on any
Licence application form received by the Township;
(c)
"By-law"
means
this
By-law
and
any amendments
thereto
including
all
Schedules forming any part of this By-law and any amendments thereto;
(d)
"Clerk"
means the Clerk of the
Corporation
of the Township of Centre
Wellington or his or her designate;
(e)
"Council" means the Council of the Corporation of the Township of Centre
Wellington
(f)
"Highway"
includes a common and public Highway, street, road, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is
intended for or used by the general public for the passage of vehicles and
includes the area between the lateral property lines thereof;
(g)
"Inspector" means any Township employee or other person authorized by the
Township to carry out inspections under and to enforce the provisions of this By-
law;
(h)
"Licence" means the official document issued by the Township under the
provisions of this By-law bearing the signature of the Clerk authorizing a Person
to conduct, operate or carry on any of the trades, businesses or occupations
listed in Schedule "A" to this By-law;
(I)
"Licensee" means any Person licensed under this By-law;
Q)
"Person" includes a corporation, organization, association and a partnership
and the heirs, executors, administrators and other legal representatives of a
person to whom the context can apply according to law;
(k)
"Schedule" means all regulations attached to and forming part of this By-law
including any amendments thereto; and
(I)
"Township" means the Corporation of the Township of Centre Wellington.
2.
LICENCES REQUIRED
(a)
No person shall carry on any of the trades, businesses or occupations in the
Township of Centre Wellington as set out in Schedule "A" to this By-law, without
a Licence to do so issued by the Township.
(b)
No Licence issued under this By-law shall be valid unless all applicable fees, as
set out in Schedule "B" to this By-law are paid in full.
3.
APPLICATION FOR LICENCE
(a)
No licence shall be issued to any Applicant under the age of 18 years.
~-
(b)
Every application for a Licence under this By-law shall be made in writing and
shall be accompanied by the applicable Licence fee, and proof of age if
requested by the Clerk.
4
LICENCE FEES
Every Licence issued under this By-law, unless the same shall be revoked in
accordance with Section 14 hereof, shall only be in effect for the calendar year in
which it is issued and shall expire on the 31 st day of December next following the
date of issue and a new Licence shall be required for each calendar year
thereafter.
5.
PROOF OF INSURANCE
Every Licensee shall keep in full force and effect during the term of the Licence
general liability insurance in connection with the trade, business or occupation
licensed in the minimum amount of $1,000,000.00 and proof of such insurance
shall be provided upon demand to the Clerk or an Inspector.
6.
PARTNERSHIPS
Where two or more persons carry on or engage in partnership in any of the
trades, businesses or occupations set forth in any of the Schedules forming part
of this By-law, the Licence may be issued in the name of one partner only, but
when the application for Licence is made, the name and address of each
member of the partnership shall be set out therein and all such partners shall be
jointly and severally liable for compliance with the terms of the Licence and this
By-law.
7.
ISSUE OF LICENCE
Every Licence issued in accordance with this By-law shall be issued in the name
of the Township by the Clerk.
8.
LICENCE NOT TRANSFERABLE
Every Licence issued under this By-law shall be personal to the holder thereof
and shall not be transferable or assignable from Person to Person or location to
location and no Licensee shall advertise or promote or carry on business under
any name other than the name endorsed upon the Licence issued to the
Licensee.
9.
DISPLAY OF LICENCE
(a)
Every Person issued a Licence under this By-law, where such Licence is
applicable to a particular premises, shall ensure that said Licence is posted on
the premises in a conspicuous place clearly visible to the public at all times while
the Licence is in effect.
2
(b)
Every Person issued a Licence under this By-law, where such Licence is not
applicable to a particular premises, shall ensure that the Licence is in the
Licensee's possession at all times while engaged in the business for which the
Licence was issued and such Person shall produce such Licence upon request
of the Clerk or an Inspector.
10.
COMPLIANCE WITH OTHER LAWS REQUIRED
The issuance of a Licence under this By-law does not permit or condone the
violation of any other law, statute or other regulation in effect in the Township of
Centre Wellington, the Province of Ontario or the Dominion of Canada.
11.
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
The Council may refuse to issue or renew a Licence where:
(a)
the fees due in respect of such Licence have not been paid in full;
(b)
the application or any documents requisite to the Licence being issued have not
been completed or have been completed incorrectly or have not been provided
to the Clerk; or
(c)
the Applicant or Licensee is carrying on an activity that is. or will be. if the
Applicant is licensed, in contravention of this By-law or any other law, statute or
other regulation;
(d)
the grounds set out in Section 257.3 (b) of the Municipal Act, R.S.O. 1990. c.
M.45, as amended, are applicable, in the opinion of Council; or
(e)
the Applicant or Licensee has ever been convicted of an offence under any
provisions of this By-law.
12.
REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE
When Council refuses to issue or renew a Licence, the Licence fee paid for such
issuance or renewal shall be fully refunded.
13.
ISSUANCE OR RENEWAL OF LICENCE ON TERMS AND CONDITIONS
Notwithstanding any other provision of this By-law, Council may issue a Licence
or renew a Licence subject to such terms and conditions as in the opinion and
discretion of Council are necessary or appropriate to give effect to this By-law.
14.
COUNCIL'S POWER TO REVOKE. SUSPEND OR CANCEL A LICENCE
Council may revoke, suspend or cancel a Licence:
(a)
where the Licensee would be disentitled to a Licence for any of the reasons set
out in Section 11 of this By-law;
(b)
when the Licensee is convicted of an offence under any provision of this By-law;
or
(b)
when the Licensee is not in compliance with any of the provisions of this By-law.
15.
REFUND OF FEE ON REVOCATION OF LICENCE
When a Licence is revoked, suspended or cancelled under Section 14 of this By-
law, the Licensee is entitled to a refund of that part of the Licence fee which is
proportionate to the unexpired part of the term for which the Licence was issued.
3
16.
REVOKED, SUSPENDED OR CANCELLED LICENCES TO BE RETURNED
(a)
When a Licence has been revoked, suspended or cancelled, the holder of the
Licence shall return the Licence to the Clerk by the next business day following
receipt of the written notice of the decision of Council.
(b)
When a Licensee has had his or her Licence revoked, suspended or cancelled,
the Licensee shall not refuse to return the Licence or shall not in any way
obstruct or hinder the Clerk or an Inspector from obtaining the Licence.
17.
APPEALS TO THE APPEAL COMMIITEE
(a)
Council hereby appoints the Administration, Finance and Personnel Committee
as the Committee of Council to conduct hearings on its behalf pursuant to this
By-law.
(b)
When an Applicant or Licensee is not entitled to a Licence or to have the Licence
renewed on any grounds set out in Section 11 of this By-law, the Clerk shall
recommend to Council that Council refuse to issue or renew the Licence or that
Council revoke, suspend or cancel the Licence.
(c)
Notwithstanding Section 17(b) of this By-law, the Clerk may recommend to
Council that Council issue or renew a Licence on terms and conditions pursuant
to Section 13 of this By-law.
(d)
Prior to a recommendation proceeding to Council to refuse to issue or renew a
Licence, or before Council revokes, suspends or cancels a Licence, a written
notice shall be sent by the Clerk
to the Applicant or Licensee, by Registered
Mail, advising him or her of the recommendation.
(e)
The written notice to be sent under Section 17 (d) shall:
(I)
set out the grounds for the recommendation;
(iI)
give reasonable particulars of the grounds;
(iii)
be signed by the Clerk; and
(iv)
inform the Applicant or Licensee that he or she is entitled to a hearing
before the Appeal Committee if he or she delivers to the Clerk within ten
days after the date of mailing of the written notice, a written request for a
hearing.
(f)
Upon receipt of a written request from an Applicant or Licensee for a hearing,
the Clerk shall convene a meeting of the Appeal Committee and shall provide the
Applicant of Licensee with written
notice of the date, time and location of the
hearing and such notice shall be provided at least twenty days prior to such
hearing.
(g)
The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, Chapter
S.22, or any successor thereof, shall apply to all hearings conducted by the
Appeal Committee under this By-law.
(h)
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 Appeal Committee
may proceed with the hearing in the absence of the Applicant or Licensee.
(i)
At the conclusion of a hearing, the Appeal Committee shall, as soon as is
practicable, submit a written report on the hearing to Council and the report shall:
(i)
summarize the evidence and the arguments presented by the parties at
the hearing
(iI)
set out the Appeal Committee's findings of fact; and
4
(iii)
set out the recommendations of the Appeal Committee and the grounds
for such recommendation.
0)
Council may uphold or vary the recommendation of the Appeal Committee or do
any act or make any decision that it might have done had it conducted the
hearing itself and the Applicant or Licensee shall not be entitled to any further
hearing on the matter before Council and the decision of Council shall be final.
18
INSPECTIONS
(a)
No person who has or is required to have a Licence under this By-law shall
obstruct or hinder or permit the obstruction or hindrance of any inspection under
this By-law.
(b)
The Clerk or an Inspector may at any reasonable time enter upon and inspect
any premises in respect of which an application has been made for a Licence or
for which a Licence has been issued under this By-law.
19.
SPECIFIC PROVISIONS SET OUT IN SCHEDULES
In addition to the provisions of this By-law, every holder of a Licence shall
comply with the specific provisions and regulations set out in the Schedules
attached hereto and forming part of this By-law, as the same may be amended
from time to time, which are applicable to the trade, business or occupation
being conducted, operated or carried on by the Licensee pursuant to the
Licence.
20.
OFFENCE
Every Person who contravenes any provision of this By-law or any Schedule to
this By-law is guilty of an offence.
21.
PENALTIES
Every Person who is convicted of an offence under any provision of this By-law
or any Schedule to this By-law shall be liable to a penalty as set out in Section 61
of The Provincial Offences Act, R.S.O. 1990, Chapter P.33, or any successor
thereof.
22.
ULTRA VIRES
It is hereby declared that notwithstanding that any section of this By-law, or parts
thereof, may be found by any court of law to be invalid or beyond the power of
the Council to enact, such section or sections or parts thereof shall be deemed to
be severable and that all other sections or parts of this By-law are separate and
independent therefore and enacted as such.
23.
CONFLICT
In the event of a conflict between any provision of this By-law and any other By-
law in effect in the Township of Centre Wellington or with any other law, statute
or regulation applying to the Township, the more restrictive requirement shall
apply.
5
24.
REPEAL
Upon the coming into force of this by-law, all by-laws of the former municipalities
of the Corporation of the Village of Elora, the Corporation of the Township of
Eramosa, the Corporation of the Town of Fergus, the Corporation of the
Township of Nichol, the Corporation of the Township of Pilkington and the
Corporation of the Township of West Garafraxa which would,
but for the
provisions of this section,
apply to areas within the Township of Centre
Wellington and which by-laws were passed pursuant to Section 257.2 (1) of the
Municipal Act,
R.S.O.
1990, Chapter MAS, or predecessor provisions, are
hereby repealed.
This By-law shall come in force on the passing thereof.
By-law read a first and second time this 17'h
{jf~rt?~
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Mayor
day of May 1999.
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Clerk
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By-law read a third time and passed this 19
th day of July 1999.
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Mayor
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Clerk
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SCHEDULE "A"
DIRECTORY OF SCHEDULES
TO TOWNSHIP OF CENTRE WELLINGTON BY-LAW NUMBER
99-59
SCHEDULE
1.
2.
3.
Food Vehicle:
Chip Wagon
Mobile Barbecue Facility
Refreshment Vehicle
Refrigerated Bicycle Cart
Transient Trader
Horse Drawn Vehicles
7
SCHEDULE "B"
TO TOWNSHIP OF CENTRE WELLINGTON BY-LAW NUMBER
99-59
ANNUAL LICENCE FEES
1.
Chip Wagon
$250.00/wagon
2.
Mobile Barbecue
$250.00/Barbecue
3.
Refreshment Vehicle
$100.00Nehicle
4.
Refrigerated Bicycle Cart
$50.00/Cart
5.
Transient Trader (Annual)
$300.00
6.
Transient Trader (One Day)
$25.00
7.
Horse Drawn Vehicles
$300.00
9
SCHEDULE 1
To Township of Centre Wellington By-Law Number
99-59
FOOD VEHICLES
For licensing, regulating and governing vehicles from which
food items and refreshments are sold or offered for sale to the
public for consumption by the public
INTERPRETATION
1.
In addition to the terms defined in Section 1 of this By-law, the following terms
shall have the corresponding meanings for the purposes of this Schedule:
(a)
"Arterial Road" means any Highway with markings identifying more
than two traffic lanes;
(b)
"Chip Wagon"
means
either a
mobile or immobile vehicle either
mounted on blocks or supported by a conventional wheel, tire and axle
system from which food items such as french fries, burgers, hot dogs,
popcorn, potato chips, chocolate bars, nuts and non-alcoholic beverages
are offered for sale or sold to the public;
(c)
"Food Vehicle"
means
a
Chip Wagon,
Mobile
Barbecue
Facility,
Refreshment Vehicle or Refrigerated Bicycle Cart;
(d)
"Mobile Barbecue Facility" means an open-air barbecue affixed to a
cart which is on wheels or is capable of being moved from place to place
by a person on which food is prepared and sold or offered for sale to the
public.;
(e)
"Public Park" means a recreational area for public use that is owned or
controlled by the Township.
(f)
"Refreshment Vehicle" means a vehicle or other itinerant food premise
from which pre-packaged food items are offered for sale or sold and from
which no food is prepared except hot beverages;
(g)
"Refrigerated Bicycle Cart" means a
manually propelled
itinerant
tricycle vehicle from which ice-cream, ice-cream cones, ice milk and other
iced confectionery food items are offered for sale or sold to the pUblic;
(h)
"Site Plan" means a drawing of a site which includes all applicable
measurements of the Food Vehicle and the surrounding area within 100
metres of the site and on which all buildings and structures, Highways,
driveways or other landmarks are indicated; and
(i)
"Vehicle" shall have the same meaning as set out in the Highway Traffic
Act, R.S.O. 1990, Chapter H.8
APPLICATION OF SCHEDULE
2.
In addition to all other provisions of this By-law, the provisions of this Schedule
shall apply in respect of Food Vehicles.
LICENCE REQUIRED
3.
No Person shall operate or permit the operation of any Food Vehicle within the
Township of Centre Wellington without a Licence to do so issued by the
Township.
9
GENERAL PROVISIONS
4.
(a)
In addition to the specific requirements set out herein, this Section shall
apply to all persons operating a Food Vehicle within the Township.
(b)
No person shall operate a Food Vehicle in any Public Park at any time
when in such Public Park a concession stand or booth is situated.
(c)
Every Licensee of a Food Vehicle shall ensure that every sign affixed to
or used in conjunction with the Food Vehicle complies with the Township
sign by-laws.
(d)
Every Licensee of a Food Vehicle shall supply a refuse container for his
or her Food Vehicle to the satisfaction of the Township and the Licensee
shall ensure that:
(i)
such refuse container is maintained in a position immediately
adjacent to the Food Vehicle at all times;
(ii)
all refuse generated from the operation of the Licensee's Food
Vehicle is contained in such refuse container; and
(iii)
all refuse generated from the Licensee's Food Vehicle is disposed
of in accordance with the Township's by-laws; and
(iv)
the adjoining area is kept in a clean, sanitary and attractive
condition.
(e)
Every Licence issued shall expire on December 31 st in the year issued.
DISPLAY OF LICENCE
5.
Every Licensee of a Food Vehicle shall ensure that the Licence is affixed to the
Food Vehicle in a conspicuous place clearly visible to the public at all times while
the Food Vehicle is in operation.
APPLICATION FOR LICENCE
6.
(a)
Every Applicant for a Licence to operate any Food Vehicle shall submit to
the Clerk:
(i)
a letter from the owner of every property on which the Food
Vehicle may be situated authorizing the Applicant to conduct such
business from the property; and
(ii)
a Site Plan to be approved by the Clerk and no Licence shall be
issued until the Site Plan is approved.
(iii)
signed evidence of inspection, from a qualified propane fitter, that
any propane-fuelled appliances installed on the vehicle comply
with "The Ontario Propane Code"
(iv)
proof of inspection of the Food Vehicle by the local Fire Chief and
the local Medical Officer of Health
(b)
Every Applicant for a Licence to operate any Refrigerated Bicycle Cart or
Mobile Barbecue Facility shall provide to the Clerk the serial number of
each Refrigerated Bicycle Cart or Mobile Barbecue Facility to be used.
CHIP WAGONS
7.
(a)
Every Person operating a Chip Wagon shall ensure that only food items
such as french fries, burgers, hot dogs, popcorn, potato chips, chocolate
bars, nuts and non-alcoholic beverages are offered for sale or sold from
the Chip Wagon.
10
(b)
No person shall locate or operate a Chip Wagon within the Township
except on privately owned property with a Commercial zoning and no
person shall locate or operate a Chip Wagon:
(i)
on any Highway;
(ii)
within 6.5 metres of any corner of any intersection;
(iii)
within 6.5 metres of any Highway;
(iv)
within 25 metres of any restaurant or any other Chip Wagon
(v)
within 50 metres of any fuel filling station
(c)
No person shall operate a Chip Wagon that occupies an area greater
than 40 square metres.
(d)
Only five licenses for Chip Wagons will be permitted and issued in any
calendar year
(e)
Every Applicant shall submit with the application the licensing fee of
$250.00 per Chip Wagon.
MOBILE BARBEQUE FACILITY
8.
(a)
Every Licensee of a Mobile Barbecue Facility shall ensure that:
(i)
only the Mobile Barbecue Facility identified by serial number on
the Licence is operated;
(ii)
the Mobile Barbecue Facility is only operated at the location set
out on the site plan submitted to the Clerk as required by clause 6
(a)(ii) of this Schedule; and
(iii)
such Mobile Barbecue Facility is maintained in good repair.
(b)
Every person operating a Mobile Barbecue Facility shall ensure that only
the food which is prepared on the barbecue of such Mobile Barbecue
Facility, together with condiments, buns, and non-alcoholic beverages are
sold or offered for sale from such Mobile Barbecue Facility.
(c)
No person shall locate or operate a Mobile Barbecue Facility:
(i)
on any Highway;
(ii)
within 6 metres of any corner or intersection;
(iii)
within 6 metres of any Highway;
(iv)
within 25 metres of any restaurant or any other Food Vehicle or
any street vendor as set out in this By-law;
(v)
within 50 metres of any fuel filling station
(vi)
when such Mobile Barbecue Facility occupies an area greater
than 2.5 square metres;
(vii)
in any manner or at any place where pedestrians are in any way
obstructed or impeded from entering or exiting any building or
structure on the property on which such Mobile Barbecue Facility
is located;
(viii)
on any property where, due to the area occupied by the Mobile
Barbecue Facility, the minimum parking space requirement for
such property is not in compliance with the Township's zoning by-
laws; or
(ix)
on any property without first obtaining or haVing in place the
required zoning for such use of the property.
(d)
Every Applicant shall submit the prescribed licensing fee of $250.00 for
each Mobile Barbecue Facility.
11
REFRESHMENT VEHICLE
(b)
Every
Licensee
of a
Refreshment Vehicle
shall
ensure
that
only
prepackaged food items are offered for sale or sold from the Refreshment
Vehicle and that no food is prepared therein except hot beverages and
that no food item is offered for sale or sold from the Refreshment Vehicle:
9.
(a)
No person shall operate any Refreshment Vehicle on any Highway in the
Township.
(i)
At any location other than industrial or commercial establishments
or to workers on a construction site;
(ii)
To the general pUblic; and
(iii)
Unless such food item is pre-packaged in individual servings and
the date of preparation of the food item is clearly displayed on the
package.
(c)
Every
Licensee
of
a
Refreshment
Vehicle
shall
ensure
that
the
Refreshment Vehicle does not
remain in any particular location for the
purpose of offering food items for sale, for more than 30 minutes.
(d)
Every Applicant shall submit with the application the prescribed licensing
fee of $100.00 for each Refreshment Vehicle.
REFRIGERATED BICYCLE CART
10.
(a)
Every Licensee of a Refrigerated Bicycle Cart shall ensure that:
(i)
only ice cream, ice cream cones, ice milk and other iced
confectionery products are offered for sale or sold from the
Refrigerated Bicycle Cart;
(ii)
all
food
items
offered
for
sale
or
sold
from
said
Refrigerated Bicycle Cart are individually wrapped;
(iii)
the Refrigerated Bicycle Cart is equipped with a soft toned
bell or chime in proper working order;
(iv)
the Refrigerated
Bicycle Cart is not operated on any
Arterial Road within the Township unless such Arterial
Road has a separate bicycle lane clearly identified for the
accommodation of bicycle traffic.
(b)
No Licensee of a Refrigerated Bicycle Cart shall employ or allow anyone
under the age of 15 years to operate the Refrigerated Bicycle Cart.
(c)
Every Applicant shall submit with the application the prescribed licensing
fee of $50.00 per cart.
(d)
Section 6 (a)(ii) of this Schedule shall not apply to an application for a
Licence for a Refrigerated Bicycle Cart.
EXEMPTIONS
11.
(a)
Notwithstanding Section 3(a) of this By-law, a Licensee of a Food Vehicle
shall be permitted to operate in a Public Park in conjunction with and
during a special event provided written approval has been obtained from
the Township in advance.
(b)
The provisions of this By-law and Schedule shall not apply to Mobile
Barbecue Facilities operated in connection with a charitable fund-raising
event, or a community event held on Township property, or where written
approval has been obtained from the Township in advance.
12
INSPECTIONS
12.
In addition to Section 18 of this By-law, every person who operates a Food
Vehicle shall not obstruct or hinder or permit the obstruction or hindrance of any
inspection of the Food Vehicle
by the local Medical Officer of Health or by any
other inspector.
13
SCHEDULE 2
To Township of Centre Wellington By-Law Number
99-59
TRANSIENT TRADER
For licensing, regulating and governing transient traders
INTERPRETATION
1.
In addition to the terms defined in Section 1 of this By-law, the following terms
shall have the corresponding meanings for the purposes of this Schedule:
(a)
"Site Plan" means a drawing of a site which includes all applicable
measurements of the selling area and the surrounding area within 100
metres of the site and on which all bUildings and structures, Highways,
driveways or other landmarks are indicated; and
(b)
"Transient Trader"
means a person who offers
goods, wares or
merchandise for sale in any manner in the Township
(i)
other than on a permanent basis, or
(ii)
on a permanent basis of the total time the person has operated
the business on a permanent basis and the time the person
continuously
resided
in
the
Township
immediately
before
beginning to operate the business on a permanent basis is less
than three months
APPLICATION OF SCHEDULE
2.
In addition to all other provisions of this By-law, the provisions of this Schedule
shall apply in respect of Transient Traders.
LICENCE REQUIRED
3.
(a)
No person shall operate as a Transient Trader within the Township
without a Licence to do so issued by the Township.
(b)
A one day vendor's licence may be purchased sUbject to the provisions of
this By-law.
EXEMPTIONS
4.
(a)
This Schedule does not apply to the sale of goods or produce which have
been grown in the Township and are being sold or offered for sale by the
grower on his or her own property.
(b)
A one-day vendor's licence shall only be available to an individual and
shall not apply where goods, wares or merchandise are sold or offered
for sale by or on behalf of a group of individuals or persons.
APPLICATION FOR LICENCE
5.
(a)
Every Applicant for a Transient Trader's Licence shall submit to the Clerk:
(i)
a letter from the owner of the property on which the sale is to take place
authorizing the Applicant to conduct such a sale from the property; and
(ii)
a Site Plan of the sale location to be approved by the Clerk; and
14
(iii)
a statement in writing containing a full description of the goods, wares or
merchandise that the Applicant proposes to sell or offer for sale under
such Licence.
(b)
Every Applicant shall submit with the application the appropriate licensing
fee.
SALE LOCATIONS PROHIBITED
6.
(a)
No Transient Trader shall conduct a sale on any Highway or road
allowance within the Township of Centre Wellington.
(b)
No Transient Trader shall conduct a sale within 300 metres of any other
existing business when the goods, wares or merchandise being sold or
offered for sale are substantially the same as those being offered for sale
by the other existing business.
(c)
No Transient Traders using a sidewalk from which to sell or offer for sale
goods, wares or merchandise shall operate in such a manner as to
obstruct such sidewalk or interfere with the normal use of such sidewalk
by pedestrians.
SIGNS
7.
Every Transient Trader shall ensure that:
(a)
only one sign is used in association with any sale, except where a sale is
conducted on a corner property, a maximum of two signs may be used
with no more than one sign abutting each Highway;
(b)
every sign used is a freestanding, portable sign constructed of a wood,
metal or other rigid material with a maximum height of 0.8 metres and a
maximum surface area of 0.8 square metres;
(c)
the location of every sign to be used in conjunction with the sale is
illustrated on the Site Plan; and
(d)
every sign used is located wholly on the property on which the sale is
being conducted in accordance with Section 6 of this Schedule and is at
least 3.0 metres away from any shoulder of a Highway or property line of
a road allowance.
15
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statues and Regulations
thereunder and Municipal By-law No. 99-59 of The Corporation of the Township
of Centre Wellington, attached hereto is the set [me including costs, for those
offences. This Order is to take effect January 24, 2000.
Dated at London this 24th day of January, 2000.
~~
L
Donald Ebbs
Regional Senior Justice
West Region
·
PART I PROVINCIAL OFFENCES ACT
TOWNSHIP OF CENTRE WELLINGTON
BY-LAW NO. 99-59
A BY-LAW TO REGULATE BUSINESS LICENCES
WITHIN THE TOWNSHIP OF CENTRE WELLINGTON
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision aeating or
defining Offence
COLUMN 3
Set Fine
(Including costs)
1.
Carrying on business
Section 2 (a)
$500.00
without a licence
2.
Operating Food Vehicle
Schedule 1
$350.00
in Public Park at a
Section 4 (b)
prohibited time .
3.
Operating a Chip Wagon
Schedule 1
$350.00
in a prohibited location
Section 7 (b)
4.
Operating a Mobile Barbecue
Schedule 1
$350.00
Facility in a prohibited
Section 8 (c)
Location
5.
Conducting a sale at a
Schedule 2
$350.00
a prohibited location
Section 6 (a)..
6.
Conducting a sale at a
Schedule 2
$350.00
a prohibited location
Section 6 (b)
Note: The penally provision for the offence indicated
above is Section 21 of By-law No. 99-59,
a certified copy of which has been filed.
19