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CORPORATION OF THE TOWNSHIP OF CHAPLEAU
By-Law No. 99-8
Being a by-law to license, regulate and govern
Hawkers & Peddlers within the limits of the
Township of Chapleau.
WHEREAS the Municipal Act R.S.O. 1980, Chapter 302 Section 230(1) provides
that Councils may pass by-laws for licensing, regulating and governing persons who go from
place to place or to a particular place with goods, wares or merchandise for sale, or who
carry and expose samples, patterns or specimens of any goods, wares or merchandise that are
to be delivered in the municipality afterwards.
NOW THEREFORE the Council of the Corporation of the Township of Chapleau
ENACTS as follows:
Definitions:
For the purpose of this By-Law:
1.
a)
"Township" shall mean the Corporation of the Township of Chapleau.
b)
"Clerk" shall mean the Clerk (C.A.O.) of the Corporation of the Township of
Chapleau.
c)
"By-Law Enforcement Officer" shall mean a person appointed from time to
time by the Township to enforce By-Laws thereof.
d)
"Hazardous foods" means any food that is capable of supporting the growth
of pathogenic organisms or the production of toxins of such organisms.
2.
No person shall engage in or carry on the trade, occupation or business of going from
place to place or to a particular place with goods, wares or merchandise for sale, or
who carries and exposes samples, patterns or specimens of any goods, wares or
merchandise which is to be delivered in the Township afterwards unless or until
he/she has procured a license authorizing him or her to do so and shall have paid to
the Clerk the fee hereinafter mentioned and no such license shall be issued until such
fee has been paid.
3.
No such license 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 grown, produced or manufactured in
Ontario and are hawked, paddled or sold by the grower, producer or
manufacturer or his/her agent or employee having written authority to do so,
in the municipality in which the grower, producer or manufacturer resides, or
c)
if the goods, wares or merchandise are grown or produced by a farmer
resident in Ontario who offers for sale or sells only the produce of his/her own
farm, or
d)
if the goods, wares or merchandise are hawked, peddled or sold by a person
who pays business tax in the municipality, or by his/her employee, or by this
agent, or
Page 2 of 3
By-Law 99-8
e)
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
business tax in the municipality in respect of premises used for the sale of such
goods, wares or merchandise, or
f)
by persons who sell milk or cream or fluid milk products to the consumer or
to any person for resale.
g)
Every vehicle used for the purposes intended by this By-Law shall be
equipped with mechanical refrigerated storage and display facilities that shall
be used for holding hazardous foods.
h)
Food that is intended to be transported, displayed, stored or sold or offered
for sale in a frozen state shall be frozen to a temperature of -18 C or lower
until sold or prepared for use.
4.
The annual license fee to act as a hawker or peddler within the Township of Chapleau
shall be as follows:
a)
One person using a motor vehicle
$500.00
b)
Each additional person acting as helpers
$ 15.00
(maximum of three helpers per vehicle)
5.
Such licenses shall be issued by the Clerk, they shall bear the seal of the Corporation
and shall be signed by the Clerk and shall not be transferable.
6.
Licenses issued under this By-Law shall expire on the 31st day of December of each
year.
7.
No such person licensed under this By-Law shall engage in or carry the business of
hawking or peddling except during daylight hours.
8.
No such person licensed under this By-Law shall stop his motor vehicle on any street
at any one location for more then ten minutes at any one time.
9.
The Township may revoke any license issued under this By-Law where such power to
revoke may, pursuant to the Municipal Act or any other Act, be exercised by By-Law
of the Council of the Township, but before revoking any such license the holder
thereof shall be given at least 7 days written notice mailed or delivered to his/her
address last known to the Township and shall be permitted either by him/herself or by
his/her representative to appear before Council to show cause why he/she believes
such license should not be revoked.
10.
a)
The Licensee shall at all times while carrying on his business have his/her
license with him and shall upon demand exhibit it to any municipal officer,
peace officer or ratepayer and if he/she fails to do so, is subject to the
requirements of Section 11 of this by-law.
b)
If a peace office demands the production of a license by any person to whom
this By-Law applies and the demand is not complied with, it is the duty of the
peace officer and he/she has the power to arrest such person without a
warrant and to take him/her before the nearest justice of the peace, there to be
dealt with according to law.
Page 3 of 3
By-Law 99-8
11.
That any person who shall contravene any of the provisions of this By-Law and any
amendments thereto, shall forfeit and pay a penalty at the discretion of the convicting
Judge, exclusive of costs and may be collected in a manner outlined in the Provincial
Offenses Act.
12.
That By-Laws 88-11, 92-22 and 93-8 be and are hereby repealed in their entirety.
13.
That this by-law shall come into full force and effect on the 22nd day of February,
1999.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 22nd day of
February, 1999.
Reeve.
C.A.O.
Schedule A to By-Law 99-8
(Office Use Only)
License Fee:
$
Receipt No.:
Date of Payment:
License No.:
Date of Issue:
The Corporation of the Township of Chapleau
Application for Hawkers & Peddlers License
Telephone No:
Business Address:
Mailing Address:
The
Limited, hereby makes application for a Hawkers
and Peddlers license
in respect to the above mentioned premises.
1.
As part of this application, I hereby certify that I,
of
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 Birth
4.
I have/have not, previously carried on a similar business at:
Name of Municipality
Issuer of License
5.
I propose to commence business on
to
the
inclusive.
6.
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:
7.
Detailed list of goods to be offered for sale, (if space is insufficient, attache list):
8.
I am prepared to carry on the business of a Hawkers and Peddlers in accordance with
By-Law No.
and the amendments thereto of the Corporation of the
Township of Chapleau.
Signed and Delivered
In witness whereof I hereunto
in the presence of:
set my hand this
day of
.
Witness as to signature.
(Applicant).