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Licensing By-law for
the Municipality of Chatham-Kent respecting the
licensing, regulating, and governing of certain businesses
Business Licensing By-law No. 65- 2026
Table of Contents
Title
Section
Definitions
1
Interpretation
2
Issuer of Licences and Officer's Powers
3
Inspection and Enforcement Powers
4
Licences
5
Applications and Issuance of a Licence
6
Renewal of Licence
7
Investigations for Issuance of Licence
8
Conditions for Issuance of Licence
9
Notice of Issuance of Licence
10
Fees
11
Additional Fee and Late Fee
12
Licence Period
13
Licence Certificate
14
Issuance of Licence
15
Insurance
16
Refusal of Issuance of Licence
17
Licence Suspension or Revocation
18
Application for Review of Refusal to Issue
19
Notification of Changes
20
Licence Availability
21
False or Incorrect Information
22
Subject to Laws
23
Property of the Municipality
24
Duty to Comply
25
No Discrimination
26
Employee Acts
27
Conditional Licences
28
Non-Transferable Licence
29
Offences and Penalties
30
Prohibition Order
31
General Provisions
32
Repeals, Amendments, Transition and Enactment
33
Schedules
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BY-LAW NUMBER 65- 2026
CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT
A Business Licensing By-law for
the Municipality of Chatham-Kent respecting the licensing,
regulating, and governing of certain businesses.
FINALLY PASSED the 22nd day of June, 2026.
WHEREAS Council considers it in the public interest to enact a by-law to licence,
regulate and govern various classes of businesses;
AND WHEREAS Part IV of the Municipal Act, 2001 allows the enactment of by-laws to
licence, regulate and govern Businesses, and to impose conditions on the obtaining,
holding and keeping of Licences to carry on such businesses;
AND WHEREAS Council wishes to exercise its powers over Businesses, the Persons
carrying on or involved in the operation of the Businesses including the powers to
impose conditions on the obtaining, holding or renewing of Licences and for the
suspension, denial and revocation of Licences as this By-law and the Municipal Act,
2001 provide;
AND WHEREAS the regulation of the Businesses in this By-law, the requirement for a
Licence and the imposition of such conditions will aid in the application and enforcement
of this By-law and other laws so as to assist in allowing, amongst other things, for the
identification and qualification of the Persons responsible for the operation of the
Business, the identification of the location of Businesses, the regulation and inspection
of equipment, Vehicles, Premises and other property used to carry on Business, and
allowing for the protection of Persons dealing with or affected by such Businesses and
Persons;
AND WHEREAS section 391(1) of the Municipal Act, 2001 provides that a Municipality
may impose fees and charges on Persons;
NOW THEREFORE the Council of the Municipality of Chatham-Kent enacts as follows:
1. DEFINITIONS
1.1 In this By-law:
"Additional Fee" shall mean a fee imposed by the Municipality on a Business at
any time during the term of the Licence for costs incurred by the Municipality
attributable to the activities of the Business;
"Adult Entertainment Event" shall mean an occurrence conducted by a Person
or Business providing entertainment appealing to or designed to appeal to erotic
or sexual appetites or inclinations within a facility other than an Adult
Entertainment Parlour;
"Adult Entertainment Operator" shall mean a Person who alone or with others
operates, manages, supervises, runs, or controls an Adult Entertainment Parlour;
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"Adult Entertainment Owner" shall mean a Person who owns or has possession of
an Adult Entertainment Parlour;
"Adult Entertainment Parlour" shall mean any Premises or part thereof in which
Adult Entertainment Services is provided;
"Adult Entertainment Services" shall mean activities, facilities,
performances, exhibitions, viewing and encounters in which:
a)
a principal feature or characteristic is the nudity or partial nudity of
any person; or
b)
the word "nude", "naked", "topless", "bottomless", "sexy", or any
other word or any picture, symbol or representation having like
meaning or implication is used in any sign or advertisement and
without restricting the generality of the foregoing, includes any
performance, exhibition or activity involving striptease dancers, go-
go dancers, exotic dancers, table dancers, wet clothing contests,
bikini contests, mud wrestling, Jell-O wrestling or best body part
contests;
"Applicant" shall mean a Person who is required to be Licensed pursuant to this By-
law or who has made application for a Licence to the Issuer of Licences, and shall
include a Licensee;
"Attendant" shall mean any Person other than a Licensed Adult Entertainment
Owner and Adult Entertainment Operator who provides Adult Entertainment Services
at an Adult Entertainment Parlour;
"Attendant Registration Form" shall mean a form completed by the Attendant
containing the legal name, address, date of birth, telephone number, stage name,
and social insurance number of each Attendant;
"Bed and Breakfast Establishment" shall mean a single detached dwelling in which
the resident(s) offers for hire or rent a maximum of 5 sleeping rooms with cumulative
maximum capacity for 10 persons, for the temporary sleeping accommodation of the
travelling public, with the provision of at least one meal;
"Bedroom" shall mean a room, or area in a dwelling unit, or small or large rental
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dwelling unit, equipped, used or designed with the intended use for sleeping.
"Building" shall mean a fixed, fully enclosed, non-moveable structure of
permanent nature and shall, without limitation, not include a tenant, booth, stall,
or motorized vehicle (whether operable or not);
"Business" means:
a)
trades and occupations;
b)
exhibitions, concerts, festivals and other organized public
amusements held for profit or otherwise;
c)
the sale or hire of goods or services on an intermittent or one-time
basis and the activities of a transient trader; and
d)
the display of samples, patterns or specimens of goods 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 sale of goods by wholesale; or
c)
the generation, exploitation, extraction, harvesting, processing,
renewal or transportation of natural resources; and
For the purposes of this definition a Business shall be deemed to be carried on within
the Municipality if any part of the Business is carried on within the Municipality;
"Charitable Organization" shall mean any charity that is registered with the Federal
Government, and has a registered charity number that has been issued or a non-
profit organization with charitable purposes or objects providing public benefit, as
approved by the Issuer of Licences;
"Chief of Police" shall mean the Chief of Police of the Chatham-Kent Police Service,
or authorized delegate;
"Commercial Taxpayer" shall mean a Person who pays property taxes to the
Municipality, whether directly or through a tenancy, on a commercial property related
to the Business;
"Council" shall mean the Municipal Council of The Corporation of the Municipality of
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Chatham-Kent;
"Day Sales" shall mean the sale of goods for a one to three day consecutive period
from one specific location such as, but not limited to, a parking lot, a service station
lot or a vacant commercial lot where the use is permitted in the Municipality's Zoning
By-law;
"Door to Door Sales" shall mean any person engaged in the sale of goods or
services on a door to door sales basis including Salespersons or agents;
"Employee" shall mean any Person working in or for the Licensed Business
whether or not that Person receives remuneration for the work;
"Fire Chief" shall mean the Fire Chief of the Chatham-Kent Fire and
Emergency Services, or authorized delegate;
"Food Premises" shall mean any Premises where food or drink, intended for
human consumption are prepared for sale, offered for sale or sold, including
storage locations accessory thereto, for either immediate consumption within
the Premises or off the Premises. Such Premises shall include but is not limited
to bakeries, grocery stores, fish shops, butcher shops, convenience stores,
caterers, cafes, lunch counters, cafeterias, restaurants, public hall, brewery,
wine preparation etc., but does not include any Mobile Food Premises.
"Fruit and Vegetable Stand" shall mean any Premises, with or without
permanent Buildings, where fruit and vegetables may be sold;
"Group Home" shall mean a dwelling used to provide supervised living
accommodation as per the requirements of its residents, licensed or funded
under the Province of Ontario or Government of Canada legislation, for a
maximum of 10 persons, exclusive of staff, living together in a single
housekeeping unit. The dwelling shall be wholly utilized by the Group Home
occupants and any counseling or support services provided in the Group Home
shall be limited to those required by the residents. A Group Home does not
include a place of detention, correction or probation and is not intended for
temporary care or occupation;
"Highway" includes a common and public highway, street, avenue, parkway,
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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, as defined in the
Highway Traffic Act, as amended;
"Hotel/Motel" shall mean one or more adjacent Buildings or part thereof primarily
used for the purposes of catering to the needs of the traveling public wherein
individual sleeping facilities are provided in separate units each containing sanitary
facilities and which may contain cooking facilities. Accessory uses may include
restaurants, rooms licensed under the Liquor Licence Act, recreational facilities,
and conference and convention facilities. There shall be two classes for
Hotel/Motel:
Hotel/Motel Class 1: Inspections required by Health and Fire
Hotel/Motel Class 2: Inspection required by Fire
"Issuer of Licences" shall mean the person in the position of Manager, Licensing
Services of the Municipality of Chatham-Kent, or authorized delegate;
"Licence" shall mean the certificate issued pursuant to this By-law as proof of
licensing under this By-law;
"Licensed" shall mean Licensed under the provisions of this By-law;
"Licensee" shall mean a Person who has been issued a Licence pursuant to this By-
law;
"Local Retailer" shall mean any Person which provides for the selling or offering
for sale of goods or services at a Building or other structure located within the
Municipality of Chatham-Kent for at least one year which is subject to property tax
in the Municipality;
"Lodger" shall mean a tenant who rents a Bedroom in a Rental Dwelling Unit,
Large;
"Medical Officer of Health" shall mean a Person appointed pursuant to the
Health Protection and Promotion Act as the Medical Officer of Health for the
Chatham-Kent Public Health Unit, or authorized delegate;
"Mobile Food Premises" means a trailer, food truck, cart, vehicle-
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mounted food premise, refreshment stand, bicycle, or other itinerant food premise which
is capable of being readily moved and in which food and or beverage is prepared and
offered for sale to the public;
"Motor Vehicle" shall mean an automobile, a motorcycle, a motor assisted bicycle
unless otherwise indicated in this Act, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include a street car or other motor
vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a
traction engine, a farm tractor, a self-propelled implement of husbandry or a road-
building machine, as defined by the Highway Traffic Act, as amended;
"Municipality" shall mean the Corporation of the Municipality of Chatham-
Kent or the geographic area of the Municipality of Chatham-Kent as the
context suggests;
"Non-Commercial Taxpayer" shall mean a person who does not pay
property taxes to the Municipality on a commercial property related to the
Business;
"Notice of Additional Fee" shall mean a written notice from the Issuer of
Licences to a Licensee advising of the requirement to pay an Additional Fee;
"Officer" shall mean a Provincial Offences Officer as defined in section 1(1) of the
Provincial Offences Act, R.S.O. 1990, c.P.33, which includes a By-law
Enforcement Officer of the Municipality or a Police Officer of the Chatham-Kent
Police Service;
"Old Gold or other Precious Metals" shall mean used gold, precious metals,
jewelry or other similar articles;
"Old Gold or other Precious Metals Dealer" shall mean a Business dealing in
Old Gold or other Precious Metals or other similar articles, including but not limited
to, buying, selling or trading such items;
There shall be two classes of Old Gold or Other Precious Metals Dealers:
Class A - per event - up to 3 consecutive days - one location
Class A-1 - Commercial Taxpayer
Class A-2 - Non-Commercial Taxpayer
Class B - 4 days to 1 year - one location
Class B-1 - Commercial Taxpayer
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Class B-2 - Non- Commercial Taxpayer
"Owner" shall mean the Person with control of a Business Licensed under this By-
law, and/or the registered legal owner of the Premises in or on which a Business
is operated, as the context may suggest;
"Pawnbroker" shall mean a Person who carries on the Business of taking by way
of pawn or pledge any article for the repayment of money lent thereon;
"Pawn Shop" shall mean any place where the Business of a Pawnbroker is carried
on;
"Payday Loan Establishment" shall mean any Premises where a Business
licensed as a lender or a loan broker under the Payday Loans Act, 2008 is
carried out;
"Person" shall mean a natural Person, a partnership, a body corporate and any
association, and the heirs, executors, administrators, successors and assigns or
other legal representatives thereof to whom the context may apply;
"Personal Service Setting" shall mean a Business or Premises offering
personal services to the hair, skin, or body, where there is a risk of exposure to
infectious agents. These services shall include but are not limited to manicures,
pedicures, body piercing, waxing, facials, hairstyling, barbering, tattooing,
microblading, micropigmentation, body modification (i.e. branding, scarification),
electrolysis, laser hair removal, microdermabrasion or any other similar treatment
or service;
"Premises" shall mean any land including any and all Buildings or other
structures thereon and includes any vehicle or conveyance used in the operation
of the Business;
"Private Property" shall mean all property in the Municipality and includes
property of the Crown or any publicly owned body corporate or legal entity, but
does not include any Highway;
"Prohibited Scrap Metal" shall mean the following other metal or materials:
a) A manhole cover;
b) An electric light pole or other utility structure and its fixtures, wires, and hardware
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that are readily identifiable as connected to the utility structure;
c) A guard rail;
d) A street sign, traffic sign, or traffic signal and its fixtures and hardware.
e) Communication, transmission, distribution, and service wire from a utility, including
copper or aluminum bus bars, connectors, grounding plates, or grounding wire;.
f) Any metal item that is observably marked upon reasonable inspection with any
form of the name, initials, or logo of a governmental entity, utility company,
cemetery, or railroad;
g) An aluminum or stainless steel container or bottle designed to hold propane for
fueling forklifts;
h) A stainless steel beer keg;
i) A brass or bronze commercial valve or fitting, referred to as a "fire department
connection and control valve" or an "FDC valve," that is commonly used on
structures for access to water for the purpose of extinguishing fires;
j) A brass or bronze commercial potable water backflow preventer valve that is
commonly used to prevent backflow of potable water from commercial structures
into municipal domestic water service systems;
k) A shopping cart;
l) A brass water meter;
m) A storm grate;
n) A brass sprinkler head used in commercial agriculture;
"Proof of Insurance" shall mean a certified copy of a policy of insurance or a
certificate of insurance that shows the proof of liability coverage as required under
this By-Law issued by a company authorized to carry on the business of insurance
in the Province of Ontario in accordance with the Insurance Act, R.S.O. 1990,
Chap. I.8, as amended. Such insurance policy shall contain an endorsement to
provide the Issuer of Licences with thirty (30) days' prior written notice of
cancellation or of a material change that would diminish coverage;
"Public Corporation" shall mean a corporation with shares traded on a public
stock exchange;
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"Rent" shall mean the remuneration or the provision of services, or both, paid or
required to be paid by a tenant or Lodger;
"Rental Dwelling Unit, Large" shall mean a dwelling unit containing five or
more Bedrooms, which is rented either as a single housekeeping unit or where
individual Bedrooms are offered for Rent. None of a Bed and Breakfast
Establishment, Group Home, Hotel/Motel, or Residential Care Facility shall be
considered a Rental Dwelling Unit, Large;
"Residential Care Facility" shall mean supervised living accommodation that may
include associated support services, and is:
a)
Licensed or funded under the Province of Ontario or Government of
Canada legislation;
b)
meant for semi-independent or group living arrangements; and
c)
for more than ten persons, exclusive of staff;
"Restricted Scrap Metal" shall mean:
a) materials containing copper, in any form, including tubing or rods, from an
air-conditioning or heating unit (but does not include vehicle radiators);
b) materials containing bronze, in any form, including a funeral marker or
funeral vase or a historical marker;
c) metal that bears distinguishing or identifying marks indicating ownership;
d) metallic wire that appears to have had insulation or casing removed from it,
including metallic wire that has been burned in whole or in part to remove
insulation;
"Retirement Home" shall mean a residential complex licensed under the
Retirement Homes Act (RHA) which provides rental accommodation to 6 or more
persons, primarily over the age of 65, wherein residents occupy lodging rooms as
their primary residence for the purpose of receiving care services, whether or not
receiving the services is the primary purpose of the occupancy, and wherein 2 or
more care services as prescribed by the RHA (including but not limited to health
care services, rehabilitative or therapeutic services or assistance with the activities
of daily living) are provided to the residents. Residents reside in individual or
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shared sleeping rooms which may have cooking facilities for the exclusive use of
the occupants;
"Safety Standards Certificate" shall mean a safety standards certificate issued
pursuant to sections 88 to 100 of the Highway Traffic Act;
"Salesperson" shall mean a Person operating the following:
-
Day Sales
-
Door to Door Sales
-
Fruit and Vegetable Stand
-
Trade Show
"Salvaged Materials" shall mean scrap aluminum, brass, copper, metal, steel,
or wiring which includes but is not limited to utility cable;
"Salvage Yard" shall mean an establishment or Premises where Salvage Materials
are stored wholly or partly in the open, including but not limited to junk yards, scrap
yards, and automobile wrecking yards if the establishment receives Salvage
Materials;
"Seasonal Housing" shall mean a Building used for the housing of labour
accessory to a permitted use, that contains sleeping rooms, may contain cooking
facilities, and shall not be the primary residence of the Employee(s). There shall
be two classes of Seasonal Housing:
Seasonal Housing Class 1: More than four occupants
Seasonal Housing Class 2: Four or less occupants
"Second Hand Goods" shall mean, but is not limited to, jewellery, collectibles,
electronic goods, bicycles and tools, but does not include any household kitchen or
laundry appliances, any furniture excluding audio, video and other electronic
devices, any cookware, glassware and eating utensils that do not contain precious
metals, and any clothing or shoes;
"Second Hand Shop" shall mean any Premises in which the purchasing,
selling, exchanging, or otherwise dealing in Second Hand Goods is carried on;
"Special Event" shall mean an event on municipal property as described
in the Municipality's Special Events Manual;
"Specialty Vape Store" shall mean any Premises or Business where
vapour products are sold or offered for sale by retail and shall mean, as
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defined in Smoke-Free Ontario Act and its regulations, a retail
establishment that is registered as a specialty vape store with the board of
health for the place where it is located as defined by the Smoke-Free
Ontario Act and its regulations;
"Summer Camp" shall mean any camp and any Premises used or
maintained by a Charitable Organization or used as a non-profit
campground for the purpose of providing accommodations for group
camping for youth;
"Tobacco Sales" shall mean any Premises or Business where cigars,
cigarettes and/or tobacco products are sold or offered for sale by retail;
"Tourist/Trailer Camp" shall mean a parcel or portion thereof where two or more
sites are available for recreational sleeping accommodation by the traveling public,
members and guests, where the operator provides cottages/cabins. There shall be
two classes of Tourist/Trailer Camps:
Tourist/Trailer Camp Class 1: Health and Fire inspection required
Tourist/Trailer Camp Class 2: Fire inspection required
"Traceable Currency" shall mean a method of payment in which the transfer
of money is able to be followed from the sender to the recipient by a third
party, and in which the sender and recipient are not anonymous and does not
include payment by cash or any electronic currency in which the sender and
recipient are anonymous;
"Trade Show" shall mean the exhibiting or offering for sale on a temporary
basis at one location, goods, wares or merchandise, which they themselves
have produced or manufactured or are distributing on behalf of the producer or
manufacturer;
"Traffic and Parking By-law" shall mean By-law 245-2004 or any such By-law
passed by Council as a successor By-law to By-law 245-2004;
"User Fee By-law" shall mean the By-law passed by Council on an annual
basis setting the user fees for municipal services;
"Vehicle" shall mean a motor vehicle, trailer, traction engine, farm tractor,
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road-building machine, bicycle and any vehicle drawn, propelled or driven by
any kind of power, including muscular power, but does not include a
motorized snow vehicle or a street car as defined by the Highway Traffic Act,
as amended;
"Vending Zone Permit" shall mean the permit issued pursuant to this By-law as
proof of authorization that a Licensee may conduct its Business on Municipal
property;
"Licence" shall mean the certificate issued pursuant to this By-law as proof of
licensing under this By-law;
2. INTERPRETATION
2.1 This By-law includes the Schedules annexed hereto and the Schedules are
hereby declared to form part of this By-law.
2.2 Where the time for doing any act or taking any proceeding expires on a
Saturday, Sunday, or any public holiday as determined by the Province of
Ontario or Corporation of the Municipality of Chatham-Kent, the act or
proceeding may be done or taken on the next business day.
2.3 Where notice is sent by mail, the date of service on the Applicant is the date of
three business days following the date of mailing.
2.4 It is declared that if any section, subsection or part or parts thereof be declared
by any Court of Law to be illegal or ultra vires, such section, subsection, part or
parts shall be deemed to be severable, and all parts hereof are declared to be
separate and independent and enacted as such.
3. ISSUER OF LICENCES AND OFFICER'S POWERS
3.1 The Issuer of Licences is authorized to administer the provisions of this By-law.
3.2 The Issuer of Licences may refuse to issue, or revoke any or each of the
Licences held by a Licensee, for cause and without limiting the generality of the
foregoing for:
a)
a breach of the law,
b)
anything which may be in any way adverse to the public interest,
c)
the belief that the Person will not carry on or engage in the Business
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in accordance with the law or with honesty and integrity,
d)
any other matter which the Issuer of Licences is authorized by law to
consider, or
e)
any violation of the provisions of this By-law or a related By-law.
3.3 The Issuer of Licences may suspend a Licence for cause for any period that is less
than the unexpired part of the period for which it was issued in lieu of revocation
as provided in section 3.2.
3.4 The Issuer of Licences may impose conditions as a requirement of obtaining,
continuing to hold, or renewing the Licence, including special conditions.
3.5 The Issuer of Licences is authorized to administer the provisions of this By-law on
behalf of the Municipality, including enforcement, together with such other Officers
as may be necessary.
3.6 The Issuer of Licences may suspend any Licence in an emergency situation for the
time and subject to the conditions set out in section 18.
4. INSPECTION AND ENFORCEMENT POWERS
4.1 The Issuer of Licences and Officers are hereby authorized to inspect:
a)
as much of any place or Premises as is used for the carrying on of the
Business,
b)
any books, records or other documents of or relating to any such
Business, or
c)
each Motor Vehicle operated, provided or used in the Business.
4.2 No Person shall obstruct, hinder, or otherwise interfere with any of the
inspections or enforcement activities referred to in this section.
4.3 Licensee shall produce any books, records or other documents of or relating to
any such Business to the Issuer of Licenses or Officers when requested.
4.4 If the Issuer or Licences or an Officer is satisfied that a contravention of this By-
law has occurred, he or she may make an order requiring the Person who
contravened the By-law, or who caused or permitted the contravention, to
discontinue the contravention and/or do work to correct the contravention.
4.5 An order under this section shall set out:
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a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of property on which the
contravention occurred;
b)
the work to be completed; and
c)
the date or dates by which the work must be completed.
4.6 Every Person shall comply with an order made under this by-law.
5. LICENCES
5.1 A Licence shall be taken out for each of the Businesses set out in Schedule "A" of
this By-law, and/or by a Person where indicated in the schedules of this By-law.
5.2 Every Licensee Licensed under this By-law shall adhere to all requirements of this
By-law and any conditions of the Licence issued to the Licensee.
5.3 Where a Licensee operates a Business at more than one Premises or from more
than one Motor Vehicle, the Licensee shall take out a Licence for each Premises
or Motor Vehicle.
5.4 No Person shall carry on or engage in a Business listed in Schedule "A" under
this By-law unless he/she obtain such a Licence or Licences.
6. APPLICATIONS AND ISSUANCE OF A LICENCE
6.1 The following types of applications for the issuance of a Licence may be made:
a)
an original Licence, and
b)
the renewal of a Licence.
6.2 On the application for an original Licence or the renewal of a Licence
respecting any of the Businesses set out in Schedule "A", the Applicant
shall:
a)
complete the prescribed forms,
b)
furnish to the Municipality such information as the Municipality may
direct to be furnished, including but not limited to:
i. Zoning compliance,
ii. Proof of Insurance,
iii. Proof of ownership of land/lease,
iv. Copy of a business name registration (master business licence) from the
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Province of Ontario,
v. Safety Standards Certificate, except in the case of a new Motor Vehicle
obtained directly from a Motor Vehicle agency within three (3) months
from the effective date of the Motor Vehicle registration, and,
vi. Ontario Motor Vehicle Registration Permits for the Licence period for
which the renewal is applied for, issued pursuant to the Highway Traffic
Act.
vii. Police record check, if requested or required, that is dated within 30 days
of submitting the Licence application. Such a search must be provided
by the Police Service located in the municipality where the Licensee or
Employee permanently resides unless otherwise stated in this By-law;
viii. Information or documentation required for a Vending Zone Permit, if
operating on Municipal property.
c)
if a corporation: file copies of the letters of incorporation, or other
incorporating documents, duly certified by the proper government
official or department, showing a list of all current signing officers of
the corporation.
d)
if a partnership: provide the names and addresses of each member
of the partnership as well as the name under which they carry on
Business.
e)
file the completed application with payment in full of the Licence fee
as set out in sections 11 and 12, any applicable late fee, and any
outstanding Additional Fees.
f)
proof of any inspections as may be required by the Issuer of
Licences.
6.3 With respect to the payment required by clause (e) of section 6.2,
a)
the late fee is non-refundable in whole or in part, and
b)
the Licence fee payment shall,
i.
if the Licence is granted, be applied toward the payment of the
Licence fee for the Licence period in respect of which the Licence
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is issued, and
ii.
if the Licence is not granted, be returned to the Applicant less
25% of the Licence fee.
c)
where more than one Licence is required by the same Business, the
higher of the fees may be charged if a separate inspection is not
required.
6.4 A refund of the Licence fee shall not apply where the Applicant has
outstanding Additional Fees which exceed the Licence fee.
6.5 A refund of the Licence fee shall not apply where the Applicant has
ceased operations prior to the expiry period of the Licence.
7. RENEWAL OF LICENCE
7.1 The Licensee shall, on the renewal of the Licence,
a)
apply on or before the expiry date set out on the Licence, and
b)
furnish to the Municipality such information that would be
required for an original Licence as the Issuer of Licences may
direct.
8. INVESTIGATIONS FOR ISSUANCE OF LICENCE
8.1 The Issuer of Licences may, upon receipt of an application referred to in
section 6, make or cause to be made all investigations required by law or by
the Municipality relative to such application.
8.2 Despite section 8.1, the Issuer of Licences may renew the Licence upon being
satisfied that, where applicable,
a)
any inspection required under the Schedules of this By-law
has been completed as required, and
b)
there is no report in writing on file to the effect that the
Licensee has failed to comply with any provision of this By-
law or, where applicable, a condition on which the Licence
was issued imposed by the Issuer of Licences or the period
for which the Licence was granted.
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9. CONDITIONS FOR ISSUANCE OF LICENCE
9.1 An Applicant for an original Licence, or the renewal of a Licence, is entitled to be
issued the Licence, except where:
a)
the Applicant has not:
i.
completed the prescribed application forms,
ii.
delivered with the application payment in full of the processing fee, the
late fee, if applicable, and the Licence fee as set out in sections 16 and
17 to be paid in respect of such Licence, or
iii.
complied with the Licence requirements set out in this By-law for the
applicable Business,
b) the conduct of the Applicant affords reasonable grounds for belief that
the Applicant has not carried on, or will not carry on, his or her Business
in accordance with the law and with integrity and honesty,
c)
there are reasonable grounds for belief that the carrying on of the
Business by the Applicant has resulted, or will result, in a breach of this
By-law or any other law,
d) there are reasonable grounds for belief that the carrying on of the
Business may be adverse to the public interest or,
e) any Additional Fee imposed on the Applicant remains unpaid after the
due date on any Notice of Additional Fee which has been sent to the
Applicant.
10. NOTICE OF ISSUANCE OF LICENCE
10.1 If the investigations referred to in section 8 and the provisions of section 9 are
complied with and the issuance of the Licence has been approved, the Issuer of
Licences may issue the Licence personally or send it by ordinary mail to the
Applicant at the address shown on the application.
11. FEES
11.1 The fees for all Licences under this By-law shall be as set out in the User Fee
By-law for the Municipality of Chatham-Kent, as amended, or any successor By-
law.
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12. ADDITIONAL FEE AND LATE FEE
12.1 Despite any provision of this By-law, the Issuer of Licences may impose an
Additional Fee on a Licensee by way of a Notice of Additional Fee at any time
during the term of the Licence for costs incurred by the Municipality attributable
to the activities of the Business.
12.2 The Notice of Additional Fee shall,
a)
be sent to the Licensee by mail or served personally at the address
last on file with the Issuer of Licences; and
b)
provide the Licensee with sixty (60) days from the date the Notice of
Additional Fee is received by the Licensee to pay the outstanding
amount.
12.3 A late fee shall apply to any renewal of a Licence where the Licensee has not
renewed the Licence before the Licence expiry date, and to any Application
where the Application is not made at least two weeks prior to the date of
commencement of the Business.
13. LICENCE PERIOD
13.1 Every Licence issued by the Issuer of Licences shall, unless it is expressed to be
for a shorter or longer period of time, be in effect for one (1) year and shall expire
in each year on the date set out in Column 2 of Schedule "A" opposite the
description of the Licence set out in Column 1 of Schedule "A".
14. LICENCE CERTIFICATE
14.1 The Licence Certificate shall be numbered and include:
a)
the name of the Licensee;
b)
the Business of the Licensee;
c)
the address of the Business;
d)
the category of the Business Licence;
e)
the date of issuance of the Licence;
f)
the date of expiration of the Licence; and
g)
the make, model, serial number and Motor Vehicle registration
number issued under the Highway Traffic Act, if applicable.
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14.2 Where an original Licence has been lost or destroyed, the Issuer of Licences,
upon receipt of an affidavit to that effect furnished by the original holder thereof
or by some Person having personal knowledge of the loss or destruction of the
Licence, may issue a duplicate Licence to the Licensee upon payment of the
appropriate fee.
14.3 No Licensee shall alter, erase, or modify a Licence, or allow alteration, erasure
or modification of a Licence without the approval of the Issuer of Licences.
14.4 Every Licensee shall carry on Business in the Municipality in the name set out on
the Licence issued under this By-law and shall not carry on Business in the
Municipality under any other name.
15. ISSUANCE OF LICENCE
15.1 Upon issuance of a Licence, the Issuer of Licences shall furnish to the Licensee
the Licence certificate or validation sticker and such other items as set out in this
By-law for the applicable Business.
16. INSURANCE
16.1 Every Proof of Insurance required pursuant to the provisions of this By-law shall
be kept in force by the Licensee for the period for which the Licence is in effect
inclusive of any renewal thereof.
16.2 No Licensee who is required to file Proof of Insurance with the Issuer of Licences
shall fail to maintain in force and to renew the same in a timely manner and to
pay the premium due thereon.
16.3 Where a Licensee fails to provide up-to-date Proof of Insurance, or where a
Proof of Insurance is cancelled or expires, the associated Licence will
automatically be suspended coincidently with the expiration of the Proof of
Insurance.
17. REFUSAL OF ISSUANCE OF LICENCE
17.1 The Issuer of Licences shall refuse to issue to the Applicant the Licence applied
for if the conditions for issuance in section 9 have not been met.
17.2 The Issuer of Licences shall give the Applicant notice of the refusal to issue the
Licence applied for in writing, said notice to be served personally or by mail to
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the Applicant at the address shown on the application.
18. LICENCE SUSPENSION OR REVOCATION
18.1 In addition to any other penalty, a Licence issued under the authority of this By-
law may be suspended or revoked upon such grounds and in accordance with
such procedural provisions as are set out in this By-law.
18.2 Suspensions may be initiated by the Issuer of Licences or Officer where a
cheque for the Licence fee has not been honoured, or in any situation that has
resulted or may reasonably be expected to result in an emergency situation and
without limiting the generality of the foregoing, these situations may include:
a)
where the Licensee has breached any law,
b)
where the Licensee has done anything that is in any way adverse to
the public interest,
c)
where a Motor Vehicle is deemed to be mechanically unsafe,
including but not limited to body damage with sharp edges, holes in
the floor boards, unserviceable tires, doors not closing properly, wire
protruding from the seat or any other mechanical defect that would
render the motor unfit;
18.3 Prior to suspending a Licence, the Issuer of Licences shall provide the Licensee
with the reasons for the suspension in writing and an opportunity to respond to
them, unless in the opinion of the Issuer of Licenses an immediate suspension is
required.
18.4 Where a Licence has been suspended or revoked, no Person shall refuse to
deliver the Licence to the Issuer of Licences or shall in any way prevent or hinder
the Issuer of Licences from receiving or taking the same.
18.5 No Licensee shall operate or carry on the Business for which the Licence was
issued while the Licence is under suspension.
19. APPLICATION FOR REVIEW OF REFUSAL TO ISSUE
19.1 An Applicant in receipt of a notice of refusal given pursuant to section 17, or a
suspension of a Licence pursuant to section 18 may apply for an appeal of the
refusal to the By-law Appeal Committee pursuant to By-law No. 132-2018 or any
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successor by- law.
20. NOTIFICATION OF CHANGES
20.1 Every Licensee shall or cause to be notified the Issuer of Licences in writing within
seven (7) days of the happening of the following events:
a)
any change in the Licensee's address or telephone number,
b)
sale, transfer or termination of the Business,
c)
retirement of the Licensee,
d)
in the situation where the Licensee provided the name and address of
his or her Business affiliate or employer, any change in the named
Business affiliate or employer, or
e)
any change of address, telephone number or Ontario Licence Plate
Number of a Motor Vehicle that is registered with the Ontario
Ministry of Transportation and any change of Motor Vehicle
ownership and appropriate insurance endorsement.
20.2 In the case of the death of the Licensee, the Person administering the estate
should notify or cause to be notified the Issuer of Licences in writing.
GENERAL REGULATIONS
21. LICENCE AVAILABILITY
21.1 Where a Licence relates to a Premises, the Licensee shall ensure that his or her
Licence is posted in a prominent and conspicuous location on the Premises, so as
to be visible to the public. Where a Licence does not relate to a Premises, every
Licensee shall carry the said Licence upon his or her Person when operating under
the Licence.
21.2 Every Licensee shall, when so requested by the Issuer of Licences or Officer,
produce the Licence for inspection.
22. FALSE OR INCORRECT INFORMATION
22.1 No Person shall give false or incorrect information for the purposes of obtaining a
Licence.
23. SUBJECT TO LAWS
23.1 All Licences and Licensees are subject to all applicable Acts, regulations, and
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By-laws, and all Licensees shall comply with the same.
24. PROPERTY OF THE MUNICIPALITY
24.1 A Licence remains the property of the Municipality, whether in the lawful
possession of a Licensee or not. No Licensee shall enjoy a vested right in the
continuance of a Licence. Upon the issuance, cancellation, or suspension of a
Licence the Licence shall immediately be retuned to the Issuer of Licences.
25. DUTY TO COMPLY
25.1 Every Person applying for or holding a Licence under this By-law shall, in such
application or in carrying on or engaging in the Business in respect of which the
Licence is issued, observe, comply with, and be governed by this By-law.
26. NO DISCRIMINATION
26.1 No Licensee shall discriminate against any member of the public, in the carrying on
of the Business in respect of which the Licence is issued because of race, ancestry,
place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation,
gender identity, gender expression, age, marital status, family status or disability.
27. EMPLOYEES ACTS
27.1 Every Licensee shall be responsible for the act or acts of any of his or her
Employees or any Person associated with the Licensee in the carrying on of any
of the Businesses authorized by his or her Licence in the same manner and to
the same extent as though such act or acts were done by the Licensee.
28. CONDITIONAL LICENCES
28.1 Every Licensee shall comply with every condition imposed upon the Licence.
29. NON-TRANSFERABLE LICENCE
29.1 Any Licence issued pursuant to this By-law cannot be transferred to any other
Person. Any Person seeking to operate the same Business as the previous
Licensee, or out of the same Building, requires a new Licence and shall make
application for such a Licence in accordance with the terms of this By-law.
29.2 Any Licensee seeking to operate the same Business at a new location requires a
new Licence as the Licence is non-transferable and shall make application for
such a Licence in accordance with the terms of this By-law.
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30. OFFENCES AND PENALTIES
30.1 Every Person who contravenes any of the provisions of this By-law or the
conditions of a Licence is guilty of an offence and, upon conviction, is liable to a
fine established in accordance with section 429 of the Municipal act, 2001, as
follows:
a) a set fine under Part I of the Provincial Offences Act not exceeding
one thousand ($1000) dollars; or
b) a fine under Part III of the Provincial Offences Act as follows:
i.
in the case of an individual, of a fine not more than ten
thousand ($10,000) dollars; and
ii.
in the case of a corporation, of a fine not more than fifty
thousand ($50,000) dollars.
31. PROHIBITION ORDER
31.1 When a Person has been convicted of an offence under this By-law any court of
competent jurisdiction may, in addition to any other penalty imposed on the
Person convicted, make an order prohibiting the continuation or repetition of the
offence by the Person convicted.
32. GENERAL PROVISIONS
32.1 This By-law may be referred to as the Chatham-Kent Business Licensing By-law.
33. REPEALS, AMENDMENTS, TRANSITION AND ENACTMENT
33.1 The Consolidated Business Licensing By-law No. 151-2022 shall be repealed on
the date this By-law comes into force and effect.
33.2 Despite the repeal of the foregoing By-law:
a)
the By-law shall continue to apply to proceedings in respect of
offences that occurred before its repeal; and
b)
all Licences issued under the By-law that are in effect at the time of
the repeal shall be deemed to be Licences as issued under this By-
law, with all necessary modifications, and all the rules, requirements
and regulations of this By-law shall apply.
33.3 This By-law shall come into full force and effect upon the final passing thereof.
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READ A FIRST, AND SECOND AND THIRD TIME this 22nd day of June, 2026.
_________________________
Mayor - Darrin Canniff
_________________________
Clerk - Judy Shantz
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Schedule A
Business Licensing By-law
Licence Types and Expiry Dates
Item Description
Expiry
Adult Entertainment Parlour
*
Bed and Breakfast Establishment
*
Food Premises
*
Group Home
*
Hotel/Motel
*
Mobile Food Premises
May 31st
Old Gold or Other Precious Metals Dealer - Class A-1 - Commercial
Taxpayer - per event - up to 3 consecutive days - one location
**
Old Gold or Other Precious Metals Dealer - Class A-2 - Non-Commercial
Taxpayer - per event - up to 3 consecutive days - one location
**
Old Gold or Other Precious Metals Dealer - Class B-1 - Commercial
Taxpayer - 1 year - one location
*
Old Gold or Other Precious Metals Dealer - Class B-2 - Non-Commercial
Taxpayer - 4 days to 1 year - one location
**
Pawn Shop
*
Payday Loan Establishment
*
Personal Service Setting
*
Rental Dwelling Unit, Large
*
Residential Care Facility
*
Retirement Home
*
Salesperson - Day Sales - maximum 3 consecutive days
**
Salesperson - Door to Door Sales - maximum 3 consecutive days
**
Salesperson - Fruit and Vegetable Stand (produce grown outside
Chatham-Kent) - monthly
**
Salesperson - Trade Show - maximum 3 consecutive days
**
Salvage Yards
*
Seasonal Housing
March 31st
Second Hand Shop
*
Specialty Vape Store
*
Summer Camp
*
Tobacco Sales
*
Tourist/Trailer Camp
*
Vending Zone Permit
**
Business Licence Late Renewal Fee
n/a
* end of the month plus one year from date of issuance
**date specified on Licence
Additional Fees- The Issuer of Licences shall be authorized to charge a Licensee
for any direct costs incurred by the Municipality in relation to the administration
or enforcement of a Licence.
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Business Licensing By-law Table of
Contents for Schedules
Licence Type
Schedule
Adult Entertainment Parlour
B
Bed and Breakfast Establishment
C
Food Premises
D
Group Home
E
Hotel/Motel
F
Mobile Food Premises
G
Old Gold or Other Precious Metals Dealer
H
Pawn Shop
I
Payday Loan Establishment
J
Personal Service Setting
K
Rental Dwelling Unit, Large
L
Residential Care Facility
M
Retirement Home
N
Salespersons
O
Salvage Yards
P
Seasonal Housing
Q
Second Hand Shop
R
Specialty Vape Store
S
Summer Camps, Tourist/Trailer Camps
T
Tobacco Sales
U
Signage and Public Notice To Be Given By
Any Licensed Person(s)
Appendix 1
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Schedule B
Adult Entertainment Parlour
LICENCE
1. The Municipality intends to Licence no more than one (1) Licensed Adult
Entertainment Parlour providing Adult Entertainment Services in the Municipality,
based upon the community's size and population. In order to procure a valid Licence
from the Municipality an Applicant must demonstrate on reasonable grounds, the
need for an additional Adult Entertainment Parlour providing service in the
Municipality. Any increase in the number of Adult Entertainment Parlours providing
Adult Entertainment Services beyond one (1) will require the approval of Council,
and compliance with the Municipality's Zoning By-law.
2. No Person or Business shall carry on an Adult Entertainment Event within the
Municipality of Chatham-Kent except in a licensed Adult Entertainment
Parlour.
3. No Licence shall be issued or renewed for an Adult Entertainment Parlour
unless the Applicant is as least nineteen (19) years of age;
4. No Licence shall be issued or renewed for an Adult Entertainment Parlour
unless the Applicant has provided a satisfactory completed Police Criminal
Record and Judicial Matters Check (CRJMC) dated within 30 days of
submitting the Licence application. Said CRJMC shall be provided by the
Police Service located in the municipality where the Applicant permanently
resides prior to the issuance of a Licence to any Person. Satisfactory record
check includes, but is not limited to evidence that the Applicant has not
received a conviction under one of the following sections of the Criminal
Code of Canada or the Controlled Drug and Substances Act, for which a
pardon has not been granted:
a) Indecent acts;
b) Procuring;
c) Commodification of Sexual Activity related offences;
d) Trafficking and Possession;
e) Any other criminal offence which, in the opinion of the Chief of Police, is
material to the issuance of the Licence.
Following review of the CRJMC for all Licensees, should the Chief of Police
determine that the Licensee should not be Licensed then the Issuer of
Licenses shall either:
a) refuse to issue the Licence; or
b) issue the Licence with conditions to address this direction.
AGE LIMITS
5. a) No Licensee, Adult Entertainment Owner or Adult Entertainment Operator shall
permit any Person under the age of nineteen (19) years of age to enter or remain
in the Adult Entertainment Parlour.
b) Every Licensee, Adult Entertainment Owner and Adult Entertainment
Operator shall have a system in place at the Adult Entertainment Parlour that
determines that each Person entering the Adult Entertainment Parlour is
nineteen (19) years of age or older.
6. No Licensee, Adult Entertainment Owner or Adult Entertainment Operator shall
employ a Person under the age of eighteen (18) years of age in an Adult
Entertainment Parlour.
ATTENDANT REGISTRATION FORM
7. Every Licensee, Adult Entertainment Owner and Adult Entertainment Operator
shall require every Attendant to complete an Attendant Registration Form prior to
such Attendant providing Adult Entertainment Services in the Adult Entertainment
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Parlour.
8. No Licensee, Adult Entertainment Owner or Adult Entertainment Operator shall
permit any Person who has not completed an Attendant Registration Form to
provide Adult Entertainment Services at the Adult Entertainment Parlour.
9. The completed Attendant Registration Form shall include the following
information:
a) Legal Name and stage name/performing name;
b) Current address;
c) Former address, if changed within 2 years;
d) Legible photocopies of two (2) pieces of valid identification, one of which
must contain photographic identification of the Attendant:
i.
Birth Certificate;
ii.
Driver's Licence;
iii.
Canadian passport;
iv.
Canadian citizenship card with a photograph of the Person to whom
the card is issued;
v.
Ontario Photo Card; or
vi.
If from another jurisdiction, the equivalent of above.
10. Every Licensee, Adult Entertainment Owner, Adult Entertainment
Operator shall have the Attendant complete an Attendant Registration
Form at least once a year, or where any change of information occurs.
11. An Attendant Registration Form is valid for one (1) year from the date it is
completed.
12. Every Adult Entertainment Operator shall provide the Chief of Police and the
Issuer of Licences every Attendant Registration Form at least 6 hours prior to the
Attendant working within an Adult Entertainment Parlour.
13. No Licensee, Adult Entertainment Owner, Adult Entertainment Operator,
Attendant or any other Person shall falsify any information contained within the
Attendant Registration Form.
14. Every Adult Entertainment Operator shall obtain, review and verify that the
information provided to him/her by the Attendant is consistent with the information
contained on the Attendant Registration Form.
15. Every Adult Entertainment Operator shall retain an original copy of the Attendant
Registration Form, together with legible photocopies of identification provided by
the Attendant, for a minimum of three (3) years.
GENERAL CONDITIONS
16. No Licensee, Adult Entertainment Owner and Adult Entertainment Operator shall,
in respect of any Adult Entertainment Parlour operated by such Persons, permit
any Attendant, while providing Adult Entertainment Services as an Attendant, to
be touched by any Person for whom the Attendant is performing Adult
Entertainment Services on the breast, pubic area or buttocks and no such
Attendant shall permit any such Person to touch his or her breast, pubic area or
buttocks while performing such Adult Entertainment Services.
17. No Licensee, Adult Entertainment Owner and Adult Entertainment Operator shall,
in respect of any Adult Entertainment Parlour operated by such Persons, permit
any Attendant, while providing Adult Entertainment Services as an Attendant, to
touch any Person for whom the Attendant is performing Adult Entertainment
Services on the pubic area and no such Attendant shall touch any such Person
on his or her pubic area while performing such Adult Entertainment Services.
18. No Licensee, Adult Entertainment Owner and Adult Entertainment Operator shall,
in respect of any Adult Entertainment Parlour operated by such Persons, permit
any Attendant, while providing Adult Entertainment Services as an Attendant, to
touch any other Attendant on the pubic area and no such Attendant shall touch
any other Attendant on his or her pubic area while performing such Adult
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Entertainment Services.
19. No Licensee, Adult Entertainment Owner and Adult Entertainment Operator shall,
in respect of any Adult Entertainment Parlour operated by such Persons, permit
any Attendant, while providing Adult Entertainment Services as an Attendant, to
engage in or permit any anal or vaginal penetration and no such Attendant shall
engage in or permit any anal or vaginal penetration while performing such Adult
Entertainment Services.
20. No Licensee, Adult Entertainment Owner and Adult Entertainment Operator shall
operate an Adult Entertainment Parlour except in a clean and sanitary condition,
and in compliance with all requirements of the Chatham-Kent Public Health Unit.
21. No Licensee, Adult Entertainment Owner and Adult Entertainment Operator shall
permit any Attendant to perform any Adult Entertainment Services other than
within full view without obstruction of walls, curtains, or other enclosures, devices
or objects, and open to all customers.
22. No Attendant shall perform any Adult Entertainment Services other than within
full view without obstruction of walls, curtains, or other enclosures, devices or
objects, and open to all customers.
23. The Licensee, Adult Entertainment Owner and Adult Entertainment Operator
shall, at the request of the Issuer of Licences or an Officer, provide evidence as
to the age of any Attendant in the Adult Entertainment Parlour.
24. No Person shall place or cause to be placed any sign, advertising or advertising
device, including any printed material, posted or used outside the Premises for
the purpose of promoting the Adult Entertainment Parlour, or any photograph,
drawing or other artistic rendering Adult Entertainment Services designed to
appeal to erotic or sexual appetites or inclinations.
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Schedule C
Bed and Breakfast Establishment
1. No Licence shall be issued without a successful inspection by the Medical Officer
of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. No Licensee shall operate a Bed and Breakfast Establishment except in a clean
and sanitary condition, and in compliance with all requirements of the Chatham-
Kent Public Health Unit.
3. Every Person shall ensure that each guestroom is provided with clean linens,
including towels, any other customary toilet supplies for each registered individual
on a daily basis.
4. The Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief of the Municipality before a Licence is issued. For
renewals of a Licence, the Premises shall have been inspected within the
calendar year in which the Licence renewal is applied for, or in the previous
calendar year.
5. Every Person shall at the time of application, provide the Issuer of Licences with
a list detailing the number of rooms and number of beds in each room offered by
the Bed and Breakfast Establishment, and provide a floor plan of the Bed and
Breakfast.
6. Every Licensee shall maintain a register in which is entered the following:
a)
the name and last address of every patron;
b)
the date of arrival and departure of every patron;
c)
the number of the room occupied by such patron; and
The Licensee shall ensure that the register required under this section shall be
kept for a minimum of one year.
7. Every Licensee shall post in a prominent location at the entrance to their place of
Business, a sign with the wording detailed in Appendix "1".
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Schedule D
Food Premises
1. No Licence shall be issued without a successful inspection by the Medical Officer
of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. No Licensee shall operate a Food Premises except in a clean and sanitary
condition, and in compliance with all requirements of the Chatham-Kent Public
Health Unit.
3. No Licence fee shall be payable under this schedule by any religious organization
or board of education for a public hall provided that the use is solely for events
given or held by it.
4. Except as otherwise indicated in this by-law or a schedule thereof, a separate
Licence is required for each Food Premises and each Mobile Food Premises
operated by a Licensee and Licences shall not be transferable between any such
Premises.
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Schedule E
Group Home
1. No Licence shall be issued without a successful inspection by the Medical
Officer of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. The Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief of the Municipality before a Licence is issued. For
renewals of a Licence, the Premises shall have been inspected within the
calendar year in which the Licence renewal is applied for, or in the previous
calendar year.
3. No Licensee shall operate a Group Home except in a clean and sanitary
condition, and in compliance with all requirements of the Chatham-Kent Public
Health Unit.
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Schedule F
Hotel/Motel
1. Where a health inspection is required for a Hotel/Motel licence, no Licence
shall be issued without a successful inspection by the Medical Officer of Health
of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. The Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief of the Municipality before a Licence is issued. For
renewals of a Licence, the Premises shall have been inspected within the
calendar year in which the Licence renewal is applied for, or in the previous
calendar year.
3. No Licensee shall operate a Hotel/Motel except in a clean and sanitary condition,
and in compliance with all requirements of the Chatham-Kent Public Health Unit.
4. Every Licensee shall at the time of application, provide the Issuer of Licences
with a list detailing the number of rooms offered by the establishment.
5. Every Licensee shall maintain a register in which is entered the following:
a.
the name and last address of every patron;
b.
the date of arrival and departure of every patron;
c.
the number of the room occupied by such patron; and
The Licensee shall ensure that the register required under this section shall be
kept for a minimum of one year.
6. Every Licensee shall post in a prominent location at the entrance to their place of
Business, a sign with the wording detailed in Appendix "1".
7. Deliver a completed copy of the register referred to in section 5 of this schedule to
the Issuer of Licences and/or the Chief of Police upon request by the Issuer of
Licences and/or Chief of Police. Such register shall be open to inspection by the
Issuer of Licences and/or an Officer during all times during business hours and may
be removed at any time by the Issuer of Licences and/or an Officer for inspection, or
use in the Courts, if necessary.
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Schedule G
Mobile Food Premises
1. No Licence shall be issued:
a) without a successful inspection by the Medical Officer of Health of the Municipality,
as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said licence.
b) without the approval of the General Manager of Infrastructure and Engineering
Services, or designate, for locations of Mobile Food Premises on or near a
Highway;
2. No Licensee shall operate a Mobile Food Premises
a) in contravention of the Highway Traffic Act, the Food Premises Regulation, the
Traffic and Parking By-law of the Municipality or any other applicable law;
b) in a residential area with the exception of a Mobile Food Premises operated by
human powered vehicles or motor-assisted human powered vehicles;
c) within three hundred feet (300') of the customers' entrance to a licensed Food
Premises if the licensed Food Premises, in the opinion of the Issuer of Licences,
sells similar prepared foods;
d) on Private Property unless written permission is provided by the Owner of the
Private Property where the Mobile Food Premises will operate from;
e) within twenty feet (20') of a bus stop area;
f) on the property of the Municipality unless a Vending Zone Permit is obtained from
the Municipality to operate at such location;
g) in a location other than the exact location(s) approved by the Issuer of Licences as
set out on the Licence;
h) in such a manner as to interfere with the movement of vehicle or pedestrian traffic;
i) in a location that, in the opinion of the Issuer of Licenses, may impede the
movement of vehicles or pedestrians along a street, boulevard or sidewalk, or
create a public safety hazard;
3. Licensee shall:
a) Submit a completed attestation form at the time of annual Application;
b) Ensure that a garbage receptacle is placed outside of the Mobile Food Premises
and is collected and disposed of in a proper and sanitary manner;
c) Maintain general liability insurance in the amount of one million dollars during the
licenced period, and provide a valid certificate of insurance upon application for a
Licence;
d) Maintain and provide proof of automobile insurance for Mobile Food Premises that
are Motor Vehicles for the entire licensed period;
e) Maintain and provide proof of ownership of a Mobile Food Premises that is a Motor
Vehicle for the entire licensed period;
f) Provide the Issuer of Licences, if requested, with a site plan depicting the exact
location of the Mobile Food Premises on the property at the time of application of
the Licence, and the Licensee shall not operate the Mobile Food Premises except
in that exact location. The Issuer of Licences may require a different location at
any time, and where such a change is made, the new location shall be deemed to
be the approved location for the purpose of the Licence.
4. No Licence is required for a Mobile Food Premises that is part of a Special Event, if
the Licensee is on the approved list of vendors for the event.
5. A Licensee who is the Owner or operator of more than one Mobile Food Premises
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shall take out a separate licence for each Mobile Food Premises.
6. For Licensees of Mobile Food Premises which are operated by human powered
vehicles or motor-assisted human powered vehicles, the Municipality may issue a
single Mobile Food Premises licence for all such human powered vehicles or motor-
assisted human powered vehicles operated by the Business if all inspections are
completed simultaneously;
7. A Licensee shall provide a satisfactory completed Police record check dated within
30 days of submitting the Licence application and annually during renewal time. Said
search shall be provided by the Police Service located in the municipality where the
Licensee permanently resides prior to the issuance of a Licence to any Person, to
ensure that the Licensee has not been convicted of any criminal offences related to
the following activities in the previous ten years:
a) Indecent acts;
b) Sexual assault;
c) Any other criminal offence which, in the opinion of the Chief of Police, is
material to the issuance of the Licence.
Following review of the Police record checks for all Licensees, should the
Chief of Police determine that the Licensee should not be Licensed then the
Issuer of Licenses shall either:
a) refuse to issue the Licence; or
b) issue the Licence with conditions to address this direction.
8. Each year the Mobile Food Premises is renewed by May 31. In the event of initial
applications filed after the annual renewal date, the Issuer of Licences may pro-rate
the application fee due in proportion to the amount of time remaining in the one-year
licence period.
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Schedule H
Old Gold or Other Precious Metals Dealer
1. No Licensee shall obtain any Old Gold or other Precious Metals from any Person
who is known to be or appears to be:
a) under the age of eighteen years; or
b) under the influence of alcohol or drugs or vulnerable for any other reason.
2. No Licensee shall obtain any Old Gold or other Precious Metals between the
hours of 11 p.m. one day and 7 a.m. the following business day.
3. No Licensee shall obtain Old Gold or other Precious Metals without requesting
and being presented with government issued identification containing a
photograph and the name of the Person selling, exchanging or disposing of the
Old Gold or other Precious Metals.
4. No Licensee shall alter, sell, exchange, repair, dispose of or in any way part with
any Old Gold or other Precious Metals obtained until after the expiration of fifteen
business days from the date of obtaining the Old Gold or other Precious Metals
and during those fifteen business days such Old Gold or other Precious Metals
shall remain on the Premises, or such other location in the Municipality as
approved by the Issuer of Licences, in respect to which the Licence is issued and
shall be kept in a separate location from any other Old Gold or other Precious
Metals. Provided that if the Old Gold or other Precious Metals were obtained by a
Licensed dealer from another dealer Licensed under the Business Licensing By-
law if the other Licensed dealer had held the Old Gold or other Precious Metals
for the requisite fifteen business days. The Chief of Police shall have the
authority to extend the fifteen day period for a further 7 days by providing notice
to a Person Licensed under the Business Licensing By-law. No Person shall
dispose of the Precious Metals prior to the expiration of that extension.
5. Every Licensee shall keep a complete and legible register in which shall be
entered a record of all Old Gold or other Precious Metals obtained. Each entry in
the registry shall:
a) be in the English language written in ink in a plain, legible hand;
b) be made at the time of obtainment or immediately thereafter;
c) include the date and hour of the obtainment;
d) contain a full description of the Old Gold or other Precious Metals, without
limiting the generality of the foregoing including materials, size, and
inscription;
e) contain a price paid for the Old Gold or other Precious Metals;
f) contain a description of the Person from whom the old gold and other
precious metals was obtained including the name, address, birth date on the
identification presented, the signature of the Person, and the type of
identification presented; and
g) contain a photograph of the old gold piece or pieces or other precious metals,
clearly showing each piece and any identifying marks, and linking photograph
to the registered item.
6. Every Licensee shall post in a prominent location at the entrance to their place of
Business, a sign with the wording detailed in Appendix "1".
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7. Every Licensee shall deliver or cause to be delivered at the office of the Chief of
Police, by fax or email, a complete copy of the register of the purchases,
containing information as set out in this schedule. Licensees with a permanent
presence in Chatham-Kent shall provide a copy of the register to the Chief of
Police each week detailing the purchases from the previous week. Any Licensees
without a permanent presence in Chatham-Kent shall provide a copy of the
register to the Chief of Police immediately following completion of the old gold
event.
8. Every Licensee shall provide a copy of any record required to be maintained
under this schedule to an Officer upon demand and shall ensure that such
records are open to inspection by an Officer during business hours.
9. Every Licensee shall, upon any Person offering to him or her goods or articles of
any kind, which he or she has cause to suspect have been stolen or otherwise
unlawfully obtained, report the facts known to him or her to an Officer promptly.
10. Every Licensee shall retain the original register and pictures for one year.
11. Every application for a Licence shall be submitted by the Issuer of Licences to the
Chief of Police and may also be referred to any other government official for a
report; and where any such report is negative or unfavourable to the Applicant
and where the Issuer of Licences intends to rely on this report for refusing a
Licence, suspending a Licence or imposing conditions on a Licence, the
Applicant shall be furnished with a copy of such report.
12. The Issuer of Licences may require Licensees to submit Police record checks for
all Licensees, current Employees and for new Employees dated within 30 days of
submitting the Licence application. The searches shall be provided by the Police
Service located in the municipality where the Licensee or Employee permanently
resides or has its head office or place of Business, prior to the issuance of a
Licence to any Person. The searches must show that the Licensee and
Employees have not been convicted of any criminal offences in the previous ten
years related to the following activities:
a) Theft
b) Possession of stolen property
c) Break and enter
d) Any other criminal offence which, in the opinion of the Chief of Police, is
material to the issuance of the Licence.
Following review of the Police record checks for all Licensees and Employees,
should the Chief of Police determine that the Licensee or Employee should not
be Licensed then the Issuer of Licenses shall either:
a) refuse to issue the Licence; or
b) issue the Licence with conditions to address this direction.
13. A Licensee with a valid Class B-2 - Non- Commercial Taxpayer Business must
notify the Issuer of Licences each time an event is to be held if the Business is
not operated on a daily basis.
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Schedule I
Pawn Shop
1. Every Applicant shall provide the Issuer of Licences at the time of application,
security in the form of a Letter of Credit or cash security deposit in the amount of
$2,000.00, for the due observance of the provisions in the Pawnbrokers Act,
R.S.O. 1990. Such Letter of Credit or cash security deposit must be valid for the
duration of the Licence.
2. Every Licensee shall comply at all times with all provisions of the Pawnbrokers Act,
R.S.O. 1990.
3. Every Licensee shall provide a copy of any record required to be maintained
under the Pawnbrokers Act, R.S.O. 1990, to an Officer upon demand and shall
ensure that such records are open to inspection by an Officer during business
hours.
4. Every Licensee shall provide a register as prescribed under the Pawnbrokers
Act. Said register shall be complete and legible.
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Schedule J
Payday Loan Establishment
1. Every Applicant for such Licence shall, before a Payday Loan Establishment
Licence may be issued, submit the following for the approval of the Issuer of
Licences:
a) Proof of a current and valid licence as a lender or a loan broker under
the Payday Loans Act, 2008;
b) accurate, scale representations of the posters that will be displayed in
accordance with sections 7 and 8 of this schedule; and
c) the credit counselling information that will be given in accordance with
section 9 of this schedule.
NUMBER OF LICENCES
2. No more than 5 (five) Payday Loan Establishment Licences shall be issued at
any one time.
3. No new Payday Loan Establishment shall be located in the Municipality and no
Payday Loan Establishment Licence shall be issued except for the locations
listed under section 6 of this schedule.
4. Council may consider a request to substitute a new Premises for an existing
Payday Loan Establishment Premises.
5. Notwithstanding section 2 of this schedule, Payday Loan Establishments
permitted to operate within the Municipality by a licence under the Payday Loans
Act, 2008 and listed in section 6 herein shall be deemed to be Premises
permitted to continue operating such Businesses, provided:
a) each Business maintains a License under this By-law;
b) no Business undergoes a change to the original Licensee or location of
the Licensed Premises;
c) each Premises continues to be used for the purpose of operating a
Payday Loan Establishment; and
d) Business carried out by the Payday Loan Establishment at each
Premises remains in compliance with this By-Law.
6. The following municipal addresses are in actual use as Payday Loan
Establishments in the Municipality and are eligible to be Licensed as such under
this schedule:
a) 525 Grand Avenue West, Chatham
b) 380 Queen Street, Unit #6, Chatham
c) 419 St. Clair Street, Chatham
d) 425 St. Clair Street, Unit #5, Chatham
e) 828 Dufferin Avenue, Wallaceburg
POSTER FOR RATE
7. Every Licensee of a Payday Loan Establishment shall display a poster at each of
the Premises authorized by his or her Payday Loans Act, 2008 licence that:
a) has been approved in advance by the Issuer of Licences;
b) is in English;
c) is visible to any Person immediately upon entering the Premises;
d) is of a minimum size of 61 centimetres in width by 91 centimeters in
length; and
e) consists of:
i.
in 144 point font, a heading setting out the words "Our Annual
Interest Rate" and the amount of the Payday Loan
Establishment's annual interest rate, which may be shown on a
replaceable card attached to the face of the poster or by any other
similar means, immediately below the heading;
ii.
in 34 point font and below 7e)i. the words "This poster is required
under schedule J of the Municipality of
Chatham-Kent's Business Licensing By-Law."
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POSTER FOR CREDIT COUNSELLING
8. Every Licensee of a Payday Loan Establishment shall display a poster at each of
the Premises authorized by his or her Payday Loans Act, 2008 licence that:
a) has been approved in advance by the Issuer of Licences;
b) is in English;
c) is visible to any Person immediately upon entering the Premises;
d) is of a minimum size of 61 centimetres in width by 91 centimetres in
length; and
e) consists of:
i. in 144 point font, a heading setting out the words "Credit Counselling";
ii. in 144 point font, a heading setting out the word "Contact" followed by
one or more of the following credit counselling agencies:
- Credit Counselling Canada,
- Canadian Association of Credit Counselling Services,
- Ontario Association of Credit Counselling Services,
- Canadian Association of Independent Credit
Counselling Agencies,
together with their respective telephone number and email
address; and
iii. in 34 point font and below 8e)i. and 8e)ii. the words "This poster is
required under schedule J of the Municipality of Chatham-Kent's
Business Licensing By-law."
CREDIT COUNSELLING INFORMATION
9. Every Licensee of a Payday Loan Establishment shall ensure that each Person
who attends at said Premises is given, immediately upon him or her expressing
interest in a loan, credit counselling information that has been approved in
advance by the Issuer of Licences.
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Schedule K
Personal Service Setting
1. No Licence shall be issued without a successful inspection by the Medical
Officer of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a licence will be issued if approval has been given by
the Medical Officer of Health to issue said licence.
2. No Licensee shall operate a Personal Service Setting except in a clean and
sanitary condition, and in compliance with all requirements of the Chatham-
Kent Public Health Unit.
3. This schedule does not apply to a Person who provides medical or therapeutic
treatment and is a member of a College of Health profession set out in Schedule 1
to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended.
4. No Person shall work as a hair stylist in a Personal Service Setting unless qualified
to do so under the Apprenticeship and Certification Act, 1998. The Licensee shall
make available a copy of the Certificate of Qualification required by law to any
customer or Officer requesting.
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Schedule L
Rental Dwelling Unit, Large
1. Licensed Premises must maintain compliance with the Ontario Health Protection
and Promotion Act, R.S.O. 1990, c. H7, and associated regulations, enforced as
necessary by Chatham-Kent Public Health.
2. Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief or designate before a Licence is issued. For renewals
of a Licence, the Premises shall have been inspected within the calendar year in
which the Licence renewal is applied for, or in the previous calendar year.
3. Licensed Premises must be kept in a clean and sanitary condition.
4. The Issuer of Licences may provide for a maximum number of permitted Lodgers
in the Rental Dwelling Unit, Large, which may be indicated on the Licence. No
Licensee Licensed under this schedule and By-law shall permit more Lodgers to
be housed in the Premises to which the Licence applies than is indicated on the
said Licence.
5. No Licensee shall permit any Lodger to occupy for sleeping purposes any space
in a Building or other structure used as a lobby, hallway, closet, bathroom,
stairway or kitchen.
6. No room within a Rental Dwelling Unit, Large shall be used as a Bedroom,
except where a Bedroom has been depicted on the initial Licence application
which was submitted to the Municipality.
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Schedule M
Residential Care Facility
1. No Licence shall be issued without a successful inspection by the Medical
Officer of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. The Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief of the Municipality before a Licence is issued. For
renewals of a Licence, the Premises shall have been inspected within the
calendar year in which the Licence renewal is applied for, or in the previous
calendar year.
3. No Licensee shall operate a Residential Care Facility except in a clean and
sanitary condition, and in compliance with all requirements of the Chatham-Kent
Public Health Unit.
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Schedule N
Retirement Home
1. No Licence shall be issued without a successful inspection by the Medical
Officer of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. The Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief of the Municipality before a Licence is issued. For
renewals of a Licence, the Premises shall have been inspected within the
calendar year in which the Licence renewal is applied for, or in the previous
calendar year.
3. No Licensee shall operate a Retirement Home except in a clean and sanitary
condition, and in compliance with all requirements of the Chatham-Kent Public
Health Unit.
4. In addition to the general provision of the Business Licensing By- law any
Licensee operating a Retirement Home, as defined under the Retirement Homes
Act, shall comply with all provisions of that Act.
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Schedule O
Salespersons
A Vending Zone Permit may be required for Salesperson operating on
Municipal property.
FRUIT AND VEGETABLE STAND
1. No Licence shall be required under the Business Licensing By-law by any
Person operating or maintaining a Fruit and Vegetable Stand within the
Municipality for which all fruit and vegetables sold or offered for sale have been
grown on a Premises within the Municipality, or for a permanent retail Business
selling fruit and vegetables in conjunction with regular business sales.
2. A Licence is required for a Fruit and Vegetable stand that includes fruits and
vegetables sold or offered for sale were grown on a Premises outside of the
Municipality.
DAY SALES
3. Local Retailers shall obtain a Licence for Day Sales if the retailer is operating at
an alternative temporary location but shall be exempt from paying the Licence
fee.
4. No Licence fee shall be payable under this schedule for any Special Event.
5. No Licensee shall operate or maintain the Business of a flower vendor within
three hundred feet (300') of the customers' entrance to a florist.
6. No Licensee shall perform Day Sales on Private Property unless written
permission is provided by the Owner of the property where the Days Sales
will occur, and proof of such permission is kept on site at all times of
operation.
7. Where Day Sales occur outside of a permanent structure, the Licensee shall
provide the Issuer of Licences with a site plan depicting the exact location of
where the Day Sales will occur on the property at the time of application for the
Licence, and the Licensee shall not operate except in that exact location. The
Issuer of Licences may require a different location at any time, and where such a
change is made, the new location shall be deemed to be the approved location
for the purpose of the Licence.
DOOR TO DOOR SALES
All Licensees or Employees shall be in compliance with the Consumer Protection
Act, as amended, and any other relevant legislation.
8. No Door to Door Sales shall be conducted between the hours of 8:00 pm and
8:00 am, unless alternate times are permitted by the Issuer of Licences in writing.
9. No Door to Door Sales shall be conducted on Sundays or statutory holidays.
10. A Licence shall be taken out for each individual Person performing Door to Door
Sales.
11. Each individual Person performing Door to Door Sales shall obtain and wear at
all times an identification badge provided by the Municipality at the time the
Licence is issued.
12. As a part of the Licence Application for Door to Door Sales, an Applicant shall
submit with the Application, valid photo identification for each individual Person
performing Door to Door Sales.
13. As a part of the Licence Application for Door to Door Sales, an Applicant shall
provide the Issuer of Licences with a Police record check for each individual
performing Door to Door Sales dated within 30 days of submitting the Licence
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application. The searches shall be provided by the Police Service located in the
municipality where the Licensee or Employee permanently resides prior to the
issuance of a Licence to any Person, to ensure that the Salesperson and has not
been convicted of any criminal offences related to the following activities in the
previous ten years:
a) Theft;
b) Possession of stolen property;
c) Break and enter;
d) Harassment;
e) Any other criminal offence which, in the opinion of the Chief of Police, is
material to the issuance of the Licence.
Following review of the Police record checks for all door to door Salespersons,
should the Chief of Police determine the salesperson should not be Licensed
then the Issuer of Licenses shall either:
a) refuse to issue the Licence; or
b) issue the Licence with conditions to address this direction.
14. Prior to renewal of a Licence, the Issuer of Licences may, in its sole discretion,
require an updated Police record check for those more than one year old.
15. A third party Police criminal record check may suffice for door to door fibre sales
at the discretion of the Issuer of Licences.
16. A Licensee shall not canvass a residence's occupants that has a "No solicitation"
sign or similar wording posted.
TRADE SHOW
17. The organizer for the Trade Show shall be responsible for obtaining a Licence for
the Trade Shows, and each individual participant shall not require a Licence.
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Schedule P
Salvage Yards
1. No Licensee shall obtain any Salvage Materials from any Person who is known
to be or appears to be:
a) under the age of eighteen years; or
b) under the influence of alcohol or drugs or vulnerable for any other reason
2. No Licensee shall obtain:
a) any Salvage Materials between the hours of 11 p.m. one day and 7 a.m. the
following business day.
b) Salvage Materials from any person without first verifying their identity using one
piece of authentic, valid, current, government-issued identification, which shall
include a photograph, in the presence of the person being verified and in the name
of the Person selling, exchanging or disposing of the Salvage Materials.
c) any goods, articles, objects or Salvage Materials with altered serial numbers
where the serial number has been obliterated, altered, mutilated, or removed
without obtaining the prior written approval of the Chatham-Kent Police Service.
The Chatham-Kent Police Service shall endeavour to a provide written response
as soon as reasonably practicable after receipt of the written request for approval.
3. No Licensee shall alter, repair, dispose of or in any way part with any goods or
articles purchased or taken in exchange until after the expiration of three (3) business
days following submission of the register described in section 4 below to the Chief of
Police, and during these three (3) business days the goods or articles so obtained
shall remain on the Licensed Premises and be produced for an Officer upon request.
An Officer shall have the authority to extend the three (3) business day period for an
additional period of up to seven (7) days by providing notice to a Licensee.
4. Every Licensee shall keep a complete and legible register in which shall be
entered a record of all Salvage Materials obtained, each entry in the registry
shall:
a) be in the English language written in ink in a plain, legible hand or in an electronic
format (e.g. Excel database);
b) be made at the time of obtainment or immediately thereafter;
c) include the date and hour of the obtainment;
d) contain a full description of the Salvage Materials;
e) contain weight of all Restricted Items;
f) contain a price paid for the Salvage Materials; and
g) contain a description of the Person from whom the Salvage Materials was
obtained including the name, address, birth date on the identifications presented,
the signature of the Person, and the types of identification presented.
h) contain a description and licence plate, if applicable, of the Vehicle driven by the
Person from whom the Salvage Materials was obtained;
i) contain a photograph of the Salvage Materials, clearly showing the items
purchased, including registry item number within the photo.
5. Every Licensee shall post in a prominent location at the entrance to their place of
Business, a sign with the wording detailed in Appendix "1".
6. Every Licensee shall deliver or cause to be delivered to the Chief of Police by email
once weekly, or sooner if requested by the Chief of Police in writing, said email
provided by the Issuer of Licences or the Chief of Police, the purchases of the
previous week. Said register to contain information set out in section 4 above with the
exception of i) above. Photographs shall be kept for a period of three (3) years and
made available upon request by the Chief of Police.
7. Every Licensee to whom this article relates, or any Person acting as a servant or
agent of any such Person, shall make every reasonable effort to obtain the name,
address and description of any person offering him or her goods or articles of any
kind, which he or she has cause to suspect have been stolen or otherwise wrongly
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obtained and shall report promptly the facts known to him or her to an Officer
promptly.
8. Every Licensee shall retain the original register for the current year, plus a two-year
period and shall ensure that their register is in a neat condition, that no information is
removed, destroyed, obliterated or altered, and at the end of the retention period the
information is disposed of in a secure manner.
9. The Licensee shall keep the register at the Premises. No Licensee shall remove or
allow any other Person, with the exception of an Officer, to remove the register from
the Salvage Yard.
10. Licensee must submit a satisfactory Criminal Record and Judicial Matters Check
(CRJMC) for all Licensees dated within 30 days of submitting the initial Licence
application. For Licensees that are corporations a CRJMC is required for each
director of the corporation. The foregoing does not apply to a Public Corporation. The
CRJMC is not required for Licence renewal applications unless otherwise requested
by an Officer. However, for the renewal of the 2026-27 Business Licences, or first
renewal after this by-law comes into effect, all existing Licensees must obtain a
CRJMC for each Licensee and provide a copy of same to the Issuer of Licences. Said
CRMJC shall be provided by the Police Service located in the municipality where the
Licensee permanently resides prior to the issuance of a Licence to any Person.
Satisfactory record check includes, but is not limited to evidence that the Licensee
has not received a conviction for any criminal offences, for which a pardon has not
been granted in the previous ten years related to the following activities:
a) Theft;
b) Possession of stolen property;
c) Break and enter;
d) Any other criminal offence which, in the opinion of the Chief of Police, is material
to the issuance of the Licence.
Following review of the CRJMC for all Licensees, should the Chief of Police determine
that the Licensee should not be Licensed then the Issuer of Licenses shall either:
a) refuse to issue the Licence; or
b) issue the Licence with conditions to address this direction.
11. No Person shall be employed by a Salvage Yard Business for the purpose of
acquiring or disposing of goods or materials without the Licensee acquiring a
satisfactory Criminal Record and Judicial Matters Check (CRJMC) of all persons
employed by the Licensee. The Licensee shall keep a record of all persons acquiring
or disposing of Salvage Materials, including a copy of each person's most recent
CRJMC and provide the Issuer of Licences with a copy of the CRJMC. A CRJMC is
not required for Licence renewal applications unless otherwise requested by an
Officer. However, for the renewal of the 2026-27 Business Licences, all existing
Licensees must obtain a CRJMC for each employee who handles Salvage Materials.
For any new employees hired after the 2026-27 renewal or an initial application, it is
the responsibility of the Licensee to provide a CRJMC for each new employees hired
within the previous year at the time of Licence renewal to the Issuer of Licences.
12. Every Licensee shall ensure that the Salvage Yard be enclosed with a fence meeting
the standards of the Municipality's Fence By-law 184-2022, or any successor by-law,
or any other fencing requirements established under a site plan approved by the
Municipality.
13. Notwithstanding any terms of this By-Law, Licensees shall not be required to comply
with sections 2 (b) (c), 3 and 4 of this schedule in relation to Salvage Materials
purchased from a third-party auction.
14. Every Licensee shall use best efforts to have video surveillance in working order on
the Salvage Yard property.
15. A Licensee shall not purchase or receive any Prohibited Scrap Metal without first
receiving written (letter or email) permission from the Chief of Police.
16. Every Licensee shall make payment in Traceable Currency for all Restricted Scrap
Metal obtained from any Person.
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17. A Licensee may request an exemption to section 16 of this schedule, requiring
Traceable Currency used for all Restricted Scrap Metal transactions, if the Licensee
can provide an alternative payment process, satisfactory to the Issuer of Licences,
that captures the information of the Person from whom the Restricted Scrap Metal
was obtained. Said exemption is at the discretion of the Issuer of Licences.
18. Sections 15 to 16 shall not apply to Persons selling Restricted Scrap Metal or
Prohibited Scrap Metal if the Person is:
a) a corporate company;
b) a registered charitable association;
c) an entity incorporated as a not-for-profit corporation under the Canada Not-for-
profit Corporation Act;
d) an entity registered as a charity with the Canada Revenue Agency and that has a
charitable registration number.
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Schedule Q
Seasonal Housing
1. No Licence shall be issued without a successful inspection by the Medical
Officer of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. No Licensee shall operate Seasonal Housing except in a clean and sanitary
condition, and in compliance with all requirements of the Chatham-Kent
Public Health Unit.
3. The Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief of the Municipality before a Licence is issued. For
renewal of a Seasonal Housing Class 1 Business Licence, the Premises shall
have been inspected within the calendar year in which the Licence renewal is
applied for, or in the previous calendar year. For renewals of a Seasonal
Housing Class 2 Business Licence, a Fire Self Inspection Attestation must be
completed by the Licensee and approved by the Fire Chief annually.
4. Each year the Seasonal Housing licence is renewed by March 31. In the event
of initial applications filed after the annual renewal date, the Issuer of Licences
may pro-rate the application fee due in proportion to the amount of time
remaining in the one-year licence period.
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Schedule R
Second Hand Shop
1. Every Licensee of a Second Hand Shop shall:
a) at all times keep any Second Hand Goods to be sold or offered for sale
within a Building and none of the Second Hand Goods shall be offered for
sale or sold except within such Building;
b) notwithstanding section 1. a) Second Hand Goods may be permitted outside
a Building provided the Second Hand Goods are not obstructing foot traffic
and are kept in a neat and tidy condition;
c) ensure that all Second Hand Goods sold or offered for sale are displayed
and kept in a neat, tidy, sanitary and safe manner;
d) at any time, permit such Premises, operated or maintained to be inspected by
the Issuer of Licences and/or an Officer and promptly ensure that any
reasonable changes in regard to the operation or conduct of the Second
Hand Shop are carried out as required by the Issuer of Licences and/or an
Officer;
e) maintain a complete and legible register of all Second Hand Goods
purchased or taken in exchange or otherwise obtained, at the Licensee's
Premises. Each entry in the registry shall:
i.
be in the English language written in ink in a plain, legible hand;
ii.
be made at the time of obtainment or immediately thereafter;
iii.
include the date and hour of the obtainment;
iv.
contain a full description of the Second Hand Goods including
make, model, and serial number;
v.
contain a price paid for the Second Hand Goods;
vi.
contain a description of the Person from whom the Second Hand
Goods was obtained including the name, address, birth date on the
identification presented, the signature of the Person, and the type of
identification presented; and
vii.
contain a photograph of the Second Hand Goods, clearly showing
each piece.
f) post in a prominent location at the entrance to their place of Business, a
sign with the wording detailed in Appendix "1".
g) deliver a copy of the register referred to in section 1 e) of this schedule to the
Issuer of Licences and/or the Chief of Police at the end of each calendar
month or upon request by the Chief of Police. Such register shall be open to
inspection by the Issuer of Licences and/or an Officer during all times during
business hours and may be removed at any time by the Issuer of Licences
and/or an Officer for inspection, or use in the Courts, if necessary;
h) where the Licensee has reasonable cause to believe or suspect that any
Second Hand Goods or other article offered for sales or trade has been
stolen or otherwise unlawfully obtained, he/she shall forthwith report the
matter to the Issuer of Licences and/or an Officer;
i) maintain all Second Hand Goods purchased or taken in exchange or
otherwise obtained at the Licensee's Premises, for a minimum period of thirty
(30) days prior to Second Hand Goods being sold or offered for sale.
2. No Licensee operating or maintaining any Premises for the purpose of Second
Hand Goods shall:
a) directly or indirectly purchase from, exchange with, or receive from or in
pledge from any minor, under the age of eighteen (18) years.
b) alter, repair, dispose of or in any way part with any Second Hand Goods
purchased or taken in exchange until after the expiration of thirty (30) days,
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from the date of purchase or such exchange.
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Schedule S
Specialty Vape Store
1. No Licence shall be issued without a successful inspection by the Medical Officer
of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- The inspection by the Medical Officer of Health in the case of an initial
application will be conducted after the Licensee has submitted a Specialty
Vape Store Registration document to the Chatham-Kent Board of Health and
the Specialty Vape Store Registration document is approved by the Chatham-
Kent Board of Health.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a licence will be issued if approval has been given by
the Medical Officer of Health to issue said licence.
- The inspection by the Medical Officer of Health in the case of a renewal of a
Licence will be conducted after the Licensee has submitted a Specialty Vape
Store Registration document to the Chatham-Kent Board of Health and the
Specialty Vape Store Registration document is approved by the Chatham-
Kent Board of Health.
2. In addition to the general provision of this By-law to follow all applicable laws, any
Licensee shall comply at all times with all provisions of the Smoke Free Ontario
Act, 2017, the Tobacco Tax Act, R.S.O. 1990, c. T.10 and the Tobacco and
Vaping Products Act, S.C. 1997, c. 13 and any other relevant legislation.
3. No Licensee shall operate a Specialty Vape Store except in a clean and sanitary
condition, and in compliance with all requirements of the Chatham-Kent Public
Health Unit.
4. Every Licensee shall, as a condition of obtaining and continuing to hold such
Licence, be properly registered with the Chatham-Kent Board of Health as a
Speciality Vape Store, where applicable, as required by the Smoke-Free Ontario
Act, 2017 or its regulations.
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Schedule T
Summer Camp,Tourist/Trailer Camp
1. Where a health inspection is required for a Summer Camp, Tourist/Trailer
Camp, no Licence shall be issued without a successful inspection by the
Medical Officer of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a Licence will be issued if approval has been given
by the Medical Officer of Health to issue said Licence.
2. The Premises shall have been, at the time of an initial application for a Licence,
inspected by the Fire Chief of the Municipality before a Licence is issued. For
renewals of a Licence, the Premises shall have been inspected within the
calendar year in which the Licence renewal is applied for, or in the previous
calendar year.
3. No Licensee shall operate a Summer Camp, Tourist/Trailer Camp except in a
clean and sanitary condition, and in compliance with all requirements of the
Chatham-Kent Public Health Unit.
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Schedule U
Tobacco Sales
1. No Licence shall be issued without a successful inspection by the Medical Officer
of Health of the Municipality, as follows:
- In the case of an initial application for a Licence, the Premises shall be
inspected by the Medical Officer of Health after an Application is submitted
and before a Licence is issued.
- In the case of a renewal of a Licence, the Premises shall be inspected by the
Medical Officer of Health either during the current calendar year or in the
previous calendar year of the Licence renewal submission. In the case where
an inspection has not been completed within the current or previous calendar
year due to the inability of the Medical Officer of Health to complete the
inspection, a renewal of a licence will be issued if approval has been given by
the Medical Officer of Health to issue said licence.
2. In addition to the general provision of this By-law to follow all applicable laws, any
Licensee shall comply at all times with all provisions of the Smoke Free Ontario
Act 2017, the Tobacco Tax Act, R.S.O. 1990, c. T.10 and the Tobacco and
Vaping Products Act, S.C. 1997, c. 13 and any other relevant legislation.
3. No Licensee shall operate Tobacco Sales except in a clean and sanitary
condition, and in compliance with all requirements of the Chatham-Kent Public
Health Unit.
4. Every Licensee shall, as a condition of obtaining and continuing to hold such
Licence, be properly registered with the Chatham-Kent Board of Health as a
tobacconist, where applicable, as required by the Smoke-Free Ontario Act,
2017 or its regulations.
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APPENDIX "1"
Signage and Public Notice to Be Given by Any Licensed Person(s)
Signage Wording:
Please be advised that person(s) are required to provide photo identification and
additional Personal information as defined under the Municipal Freedom of Information
and Protection of Privacy Act. The information is required pursuant to the terms of the
Municipal Act, 2001 and the Corporation of the Municipality of Chatham-Kent's
Business Licensing By-law. Information collected will be used to assist the Municipality
and Chatham-Kent Police Service in the exercise of consumer protection and law
enforcement purposes.
Questions regarding this collection should be forwarded to:
Municipal Clerk
315 King Street West, Chatham, ON