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THE CORPORATION OF THE TOWNSHIP OF CHAPLEAU
BY-LAW 1983-60
Being a By-Law for licensing, regulating
and governing Transient Traders.
WHEREAS Section 232(16) of the Municipal Act R.S.O. 1980 provides that By-Laws
may be passed by the Councils of municipalities for licensing, regulating and governing transient
traders and other persons whose names have not been entered on the assessment roll in respect of
income or business assessment for the then current year, and who offer goods, wares or
merchandise for sale by auction, conducted by themselves or by a licensed auctioneer or
otherwise, or who offer them for sale in any other manner;
AND WHEREAS Section 232(17) of the Municipal Act. R.S.O. 1980 provides that By
laws may be passed by the Councils of municipalities for requiring transient traders and other
persons whose names are not entered on the assessment roll or are entered on it for the first time
in respect of business assessment, and who so offer goods, wares or merchandise for sale in any
other manner to pay a license fee before commencing to trade;
NOW THEREFORE the Council of the Corporation of the Township of Chapleau Enacts
as Follows:
1.
That every transient trader or other person as so defined in Section 232 17(A) of
the said municipal act shall obtain a license, known as a transient traders license,
from the Clerk of the municipality before selling or offering for sale any goods,
wares or merchandise within the Corporation of the Township of Chapleau
boundaries.
2.
The fee payable to the Clerk of the said municipality for said license shall be in the
sum of five hundred dollars ($500.00) save and except in the case of a farmer who
offers for sale produce of his own farm, in which case the license fee shall be the
sum of five dollars ($5.00).
3.
That every applicant for a transient traders license shall complete the required
application form attached hereto as Schedule "A".
4.
That every applicant for a transient traders license shall furnish a statement in
writing containing among other things, a full description of the goods, wares or
merchandise which he proposes to sell or offer for sale under such license.
5.
That any person applying to carry on business as a transient trader under the terms
of this By-law, shall cause such business to be operated from a Town Centre Zone,
as defined in the Township's Zoning By-Law and amendments thereto.
6.
That this by-law doses not apply to the sale of the stock of a bankrupt or an
insolvent, within the meaning of any bankruptcy or insolvency act in force in
Ontario, nor to the sale of any stock damaged by or by reason of fire, which is
being sold or disposed of within the municipality in which the business was being
carried on at the time of the bankruptcy, insolvency or fire, so long as no goods,
wares or merchandise are added to such stock.
7.
That this by-law does not apply to the sale of a business to a bona fide purchaser
who continues the business.
8.
That the sum paid for a licence shall be credited to the person paying it, or to any
bonafide purchaser of the business who carries on the business, on account of
taxes payable in respect of the business, and in respect of real property taxes on the
land used for the purpose of or in connection with the business if the land is owned
by the person carrying on the business, during the year in which the licence was
issued and five years thereafter.
By-Law 83-60
Page 2
9.
That, licenses issued pursuant to this by-law shall be for the current year of issue
and shall expire ninety (90) days after the date of issuance thereof. All subsequent
sales within the 90 day license period shall constitute the completion of the
application for transient traders license.
10.
That every transient shall cause his license to be prominently and permanently
displayed in his place of business during the full term in which he is carrying on
business as a transient trader and in default thereof shall incur a penalty of not less
than $10.00 or more than $200.00, the said penalty shall be recoverable under the
Provincial Offenses Act.
11.
That every transient trader who carries on business without a license shall be guilty
of an offense and shall incur a penalty equal to the license fee which he would have
paid and in addition thereto the sum of not less than ten ($10.00) and not more
than two hundred ($200.00) the said penalty shall be recoverable under the
Provincial Offenses Act.
12.
That this by-law shall come into force and take effect on the date it receives the
approval of the Ministry of Municipal Affairs and Housing.
13.
That by-law 81-1 is hereby repealed in its entirety.
Read a first time this 14th day of November 1983.
____________________________________________________________________________
______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
SCHEDULE A TO BY-LAW 83-60
(OFFICE USE ONLY)
LICENSE FEE $ ________________
RECEIPT NO.
_________________
DATE OF PAYMENT _____________
LICENSE NO. ____________________
DATE OF ISSUE: __________________
THE CORPORATION OF THE TOWNSHIP OF CHAPLEAU
APPLICATION FOR TRANSIENT TRADERS LICENSE
TELEPHONE NO. ___________________ BUSINESS ADDRESS ____________________
_______ MAILING ADDRESS _________________________________________________
THE _______________________________________________________________________
LIMITED HEREBY MAKES APPLICATION FOR A TRANSIENT TRADERS LICENSE
IN RESPECT TO THE ABOVE MENTIONED PREMISES.
1.
AS PART OF THIS APPLICATION I HEREBY CERTIFY THAT I,
______________________ OF NO. ___________ STREET AM THE
______________________ OF THE ABOVE MENTIONED COMPANY AND AS
SUCH HAVE KNOWLEDGE OF THE FACTS HEREIN STATED.
2.
ITS HEAD OFFICE IS AT THE ____________ OF ____________________
3.
I AM THE SOLE/PART OWNER OF THE BUSINESS. THE UNDERMENTIONED
PERSONS ARE PARTNERS WITH ME;
NAME
ADDRESS
PLACE AND DATE OF
BIRCH
4.
I PROPOSE TO CARRY ON BUSINESS FROM THE PROPERTY MUNICIPALITY
KNOWN AS:
STREET NO. _______________________ ZONED AS _______________________
________________________________________________________________
________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________
___________________________
____________________________________________________________________________
____________________________________________________________________________
5.
TO THE PRESENT TIME THIS PROPERTY HAS BEEN AS (TYPE OF
BUSINESS, PRIVATE RESIDENCE, VACANT HOW LONG)
(STAY WITHIN TOWN CENTRE ZONE)
6.
I HAVE/HAVE NOT, PREVIOUSLY CARRIED ON A SIMILAR BUSINESS AT:
NAME OF MUNICIPALITY
ISSUER OF LICENSE
7.
I PROPOSE TO COMMENCE BUSINESS ON ______________________________
8.
I HAVE/HAVE NOT BEEN REFUSED OR HAD A LICENSE CANCELLED OR
BEEN CONNECTED WITH ANY FIRM OR PARTNERSHIP THAT HAS HAD A
LICENSE REFUSED OR CANCELLED IN THE TOWNSHIP OF CHAPLEAU OR
ELSEWHERE, EXCEPT AS FOLLOWS:
9.
DETAILED LIST OF GOODS TO BE OFFERED FOR SALE, (IF SPACE IS
SUFFICIENT, ATTACH LIST)
10.
I AM PREPARED TO CARRY ON THE BUSINESS OF A TRANSIENT TRADER IN
ACCORDANCE WITH BY-LAW NO. ____________________ AND AMENDMENTS
THERETO OF THE CORPORATION OF THE TOWNSHIP OF CHAPLEAU.
SIGNED AND DELIVERED
IN WITNESS WHEREOF, I
IN THE PRESENCE OF:
HEREUNTO SET MY HAND
THIS ___________________
DAY OF _______ 20 ______
WITNESS AS TO SIGNATURE
APPLICANT
(FOR LICENSE OFFICE USE ONLY)
BLDG.
BY-LAW DEPT.
FIRE
HEALTH