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THE CORPORATION OF THE TOWN OF DESERONTO
BY-LAW NO. 22-99
BEING A BY-LAW TO REGULATE AND LICENSE PLACES OF AMUSEMENT IN THE TOWN OF
DESERONTO.
WHEREAS Section 236(6) of the Municipal Act, R.S.O. 1990, c. 45, authorizes Councils of Towns to
pass By-Laws for regulating and licensing all places of amusement and for prohibiting the location of
them, or a particular class of them, on land abutting on any highway or part of a highway to be named
in the By-Law, and for revoking any such license.
AND WHEREAS the Council of the Corporation of the Town of Deseronto after requesting public
input and holding a public meeting deem it advisable to enact such a By-Law;
AND WHEREAS the Council of the Corporation of the Town of Deseronto is prepared to regulate and
license Places of Amusement provided such Places of Amusement meet certain criteria for operation
as outlined in this By-Law;
NOW THEREFORE the Council of the Corporation of the Town of Deseronto hereby enacts as
follows:
1. (a) For the purposes of this By-Law:
(i) "Place of Amusement" shall mean a building, room or area which contains
facilities, equipment or machines for the playing of any game of chance or any game of
mixed chance and skill (which is not contrary to the Criminal Code of Canada) but
excluding pool tables, billiard tables, bingo halls and/or bowling alleys. A building,
room or area containing two or less games of chance or games of mixed chance and
skill shall not constitute a "Place of Amusement" for purposes of this By-Law.
(ii) "Corporation" shall mean the Corporation of the Town of Deseronto.
(b) Wherever the singular is used in this By-Law it shall include the plural and vice versa.
2. Any person who operates a Place of Amusement on any land within the Town of Deseronto
shall be subject to the following criteria:
(a) That the hours of operation shall be subject to the hours listed on the license issued by
the Corporation; and that each license would be subject to approval of Council;
(b) That an adult manager must be in attendance at all times during the normal hours of
operation;
(c) That the building occupancy capacity be established and posted by the Deseronto Fire
Department and that this capacity not be exceeded; and
(d) That all requirements of the Building and Fire Code be adhered to before a license for a
Place of Amusement will be issued.
(e) A license for a Place of Amusement will be for a period of one year and must be re-
applied for each year following an initial six month temporary license.
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3. Every person who contravenes any provision of this By-Law shall be guilty of an offence
and upon conviction shall be liable to a fine of not more than $2,000.00 exclusive of
costs, which shall be recoverable under the provisions of the Provincial Offences Act.
Provided that prosecution under the provisions of The Provincial Offences Act shall not
be a bar to the Town recovering any arrears in licence fees or to the Town pursuing any
other remedies available to it.
4. Each day in which a contravention of this By-Law is continued or permitted to continue
shall constitute a separate offence.
5. If any provision or requirement of this By-Law or the application thereof to any person
shall to any extent be held to be invalid or unenforceable, the remainder of this By-Law
or the application of such provision or requirement to all persons other than those to
which it is held to be invalid or unenforceable, shall not be affected thereby and each
provision and requirement of this By-Law shall be separately valid and enforceable to
the fullest extent permitted by law.
6. This By-Law shall come into force and take effect upon the final passing
hereof.
7. By-Law No. 7-87 shall be rescinded in its entirety.
Read a first and second time December 13, 1999
Read a third time and finally passed December 13, 1999