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THE TOWN OF EAST GWILLIMBURY
BY-LAW NO. 2002- 45
BEING
A
BY-LAW
respecting
the
licensing, regulating and inspecting of
retailers of second hand goods.
WHEREAS Part XVII.1 of the Municipal Act, R.S.O. 1990 c.M.45 ("the Act" as amended)
authorizes Council to enact By-Laws for licensing, regulating and governing local
businesses;
AND WHEREAS the Pawnbrokers Act, R.S.O. 1990 c.P.6 (as amended) authorizes
Council to enact By-laws to license the business of pawnbrokers;
AND WHEREAS the Council of the Town of East Gwillimbury wishes to enact the
measures herein in order to provide a mechanism to ensure the ownership of second
hand goods provided to retailers of such goods in the Town;
NOW THEREFORE the Council of the Corporation of the Town of East Gwilfimbury
ENACT AS FOLLOWS:
1.
In this By-law:
(a)
"Council" means the Council of the Corporation of the Town of East
Gwillimbury;
(b)
"Garage Sale" means a sale of goods from a residential premises where
the sale lasts no longer than three (3} days, the sale from that premises
occurs no more than three (3) times per year and the Second Hand
Vendor is either the user of the goods sold, or is one of not more than
three (3) households conducting a sale of goods used by the members of
those households or is a tenant or condominium association relating to a
residential building;
(c)
"Licence" means an authorization under this By-law to carry on the trade,
calling, business or occupation specified therein;
(d)
"licensing Officer" means a person appointed by the Town to issue
licenses;
(e)
"Pawnbroker" means a person who carries on the business of taking by
way of pawn or pledge any article for the repayment of money lent
thereon and "Pawnbroker" includes a person who offers a buy-back
service in relation to such articles;
(f)
"Person" includes a natural individual, and their heirs, executors,
administrators or other legal representatives, a corporation, partnership or
other form of business association or a receiver or mortgagee in
possession;
(g)
"Premises" means any place that is used by a Pawnbroker or a Second
Hand Vendor to carry on the business of a pawnbroker or a second hand
vendor, and includes any areas where such goods are stored and any
area where records relating to such business are stored and "premises"
includes any booth or stall used by a Second Hand Vendor for the sale of
second hand goods;
(h)
"Provincial Offences Officer" means a person appointed by by-law of the
Corporation of the Town of East Gwillimbury as a Provincial Offences
Officer pursuant to the authority under s. 15 of the Police Services Act,
R.S.O. 1990, c. P. 15 or designated in writing by the Minister under
Section 1 (3) of the Provincial Offences Act, R.S.O. 1990 c. P. 33 as a
Provincial Offences Officer and this includes a By-Law Officer, Police
Officer and a Peace Officer;
(i)
"Salvage Yard" means a yard or premises in which bicycles, automobile
tires, old metal and other scrap material and salvage is received,
purchased, taken in, processed or otherwise dealt with and includes an
automobile wrecking yard or premise;
0}
"Second Hand Goods" means any article that has been used for the
purpose for which it was designed and which is offered to or taken by a
Pawnbroker or a Second Hand Vendor for resale, including antiques;
(k)
"Second Hand Vendor" means a person who carries on the business of
selling goods by way of retail that have previously been used for the
purpose for which such goods were designed and "Second Hand Vendor"
includes any person who travels from place to place to sell second hand
goods;
(I)
"Seller" means a person who sells or who offers to sell any second hand
goods to a Pawnbroker or a Second Hand Vendor;
(m)
"Town" means the Corporation of the Town of East Gwillimbury in the
Regional Municipality of York.
PROHIBITION
2.1
No person may be a Pawnbroker or Second Hand Vendor in the Town without
making application for, obtaining and maintaining, pursuant to the terms of this
By-Law, a license authorizing him/her to carry on such trade, calling, business or
occupation in respect of the premises authorized on such licence.
2.2
The provisions of this By-Law, which require a licence, are not applicable to
employees of a Pawnbroker or a Second Hand Vendor provided their employer is
licensed pursuant to this By-Law.
2.3
The provisions of this By-Law are not applicable to Second Hand Vendors who
are engaged in the sale of goods for charitable or community purposes, who are
engaged in the sale of goods as part of a garage sale, whose second hand
goods consist primarily of used books, maternity wear or infant's accessories,
whose second hand goods consist of used automobiles or whose second hand
goods consist of articles purchased new and rented out in the normal course of
business by the Second Hand Vendor.
2.4
The provisions of this By-Law are not applicable to Second Hand Vendors whose
sale of goods is conducted by auction.
GENERAL REGULATIONS
3.1
No person may be a Pawnbroker or a Second Hand Vendor or operate a
premises except in accordance with the following regulations:
(a)
No person may receive second hand goods from any person who is
under the age of eighteen (18) years or from any person who appears to
be under the influence of alcohol or illegal drugs.
(b)
No person may receive second hand goods from any person on a
"holiday" as defined in the Interpretation Act, RS.O. 1990, c.l.11 or
between the hours of 9:00 p.m. on one evening and 9:00 a.m. on the
following day. For the purposes of this By-Law "holiday" shall not include
Sunday.
(c)
No Pawnbroker or Second Hand Vendor may permit any employee to
work at a premise without first instructing such employee in the
regulations of this By-Law and ensuring that such employee complies
with these regulations.
Every Pawnbroker and Second Hand Vendor
shall be responsible for the acts or omissions of its employees in the
carrying on of the sale of second hand goods and the business conducted
from the premise in the same manner and to the same extent as though
such acts or omissions were the acts or omissions of the Pawnbroker or
Second Hand Vendor.
2
such acts or omissions were the acts or omissions of the Pawnbroker or
Second Hand Vendor.
(d)
Every Pawnbroker and every Second Hand Vendor shall keep their
issued and valid licence in respect of this By-law posted in a
conspicuous place in the premises and in a manner satisfactory to the
licensing Officer, at all times during the currency of the license.
(e)
No Pawnbroker or Second Hand Vendor may engage any employee for
the purpose of acquiring or selling second hand goods without first
providing a licensing Officer with a police clearance letter relating to that
employee and every Pawnbroker and Second Hand Vendor shall keep a
record of all persons employed by them for the purpose of acquiring or
selling second hand goods.
(f)
In circumstances where a seller refuses to provide identification as
required in this By-law, or where identifying features of the second hand
goods presented by a seller have been removed or obliterated, or in other
circumstances, which might lead to the inference that the second hand
goods have been stolen, the Pawnbroker or Second Hand Vendor shall
not purchase such goods, shall attempt to ascertain the identity of the
seller and shall contact the nearest Police Station as soon as is
practicable to report such circumstances.
SELLER IDENTIFICATION REQUIREMENTS
4.1
No Pawnbroker or Second Hand Vendor may receive any second hand goods
without first obtaining identification as required in this By-law.
4.2
For the purpose of identifying the seller, the Pawnbroker or Second Hand Vendor
must be presented by the seller with at least two (2) pieces of identification and
at least one piece of identification must be listed below and must be integrated
with a photograph of the seller:
(a}
A valid drivers license
(b)
A passport issued by the government of origin
(c)
A "Bring Your Identification Card" issued by the Alcohol & Gaming Control
Commission
(d)
A Certificate of Indian Status issued by the Government of Canada
(e)
A Certificate of Canadian Citizenship issued by the Government of
Canada
(f)
A Conditions Release Card issued by Correctional Services of Canada
4.3
Where second hand goods are obtained by a Pawnbroker or a Second Hand
Vendor from a garage sale, the recipient shall record the address of the garage
sale.
4.4
Where second hand goods are obtained by a Pawnbroker or a Second Hand
Vendor from an auction, the recipient shall record the name and address of the
auctioneer and, where such information is available, the name and address of
the former owner of the goods being auctioned.
TRANSACTION RECORDS
5.1
No Pawnbroker or Second Hand Vendor may receive any second hand goods
without maintaining a record of the following information:
(a)
The day, month, year and time of the transaction
(b)
The full name, sex, date of birth, address and approximate height and
weight of the seller
3
(c)
The full particulars of both pieces of the seller's identification required to
be presented pursuant to this By-Law
{d)
A detailed description of each second hand good that is reasonably
sufficient to identify it, including make, model, serial numbers, markings or
other identifying features as applicable
(e)
The name of the employees who conducted the transaction
5.2
In circumstances where the second hand goods consist of a number of related or
similar materials in the nature of a collection, the Pawnbroker or Second Hand
Vendor shall record the exact number of articles received and any identifying
features of such goods. In circumstances where more than ten (10) such related
or similar goods are received, the exact number of articles received shall be
recorded and the identifying features of the ten (1 0) most valuable articles in the
collection shall be recorded.
5.3
Where more than twenty (20) second hand goods are purchased by a Second
Hand Vendor from any person as part of a single transaction, which second hand
goods do not consist of a number or collection of related or similar materials,
notwithstanding the provisions of section 5.1(d) a Second Hand Vendor shall not
be required to record a detailed description of each second hand good for which
was paid less than ten ($10.00) dollars and shall not be required to record a
detailed description of each second hand good that is offered by the Second
Hand Vendor for re-sale at less than thirty ($30.00) dollars.
5.4
In circumstances where a system is in place with the York Region Police
Department for the automated recording of transactions in second hand goods
and where the annual number of transactions in second hand goods occurring at
any premises exceeds 500, which transactions shall include acquisitions or
dispositions of such goods, the Licensing Officer shall require a licensee to
subscribe to and pay all costs associated with maintaining an automated
recording of such transactions in a manner in which communicates with the
systems maintained by the York Regional Police Department.
INSPECTION OF PREMISES AND RETENTION OF SECOND HAND GOODS
6.1
No Pawnbroker or Second Hand Vendor may sell, exchange alter, melt or
otherwise dispose of any second hand good within the earlier of thirty {30) days
from the date of obtaining possession thereof or thirty (30) days after providing
an automated transaction record relating to such second hand good as required
in this By-Law and, during this period, such goods shall be kept in the premise
used by the Pawnbroker or Second Hand Vendor for the sale of second hand
goods and shall be separate from and not commingled with other second hand
goods in the same premise.
6.2
Every Pawnbroker and every Second Hand Vendor shall during the regular
operating hours of the premise and at all times when second hand goods are
provided therein make available for inspection by the Licensing Officer, a By-Law
Officer or a Peace Officer, the original of any document or record referred to in
this By-Law and shall provide a photocopy thereof upon request.
6.3
Every Pawnbroker or Second Hand Vendor shall, at all times during the regular
operating hours of the premises and at all times when second hand goods are
provided therein, permit the entry by and the inspection of the premises and of
the second hand goods of the Pawnbroker or the Second Hand Vendor by the
Licensing Officer, a By-Law Officer or a Peace Officer, together with such other
persons who may be necessary to identify potentially stolen second hand goods.
6.4
In circumstances where a Peace Officer suspects that specified second hand
goods were stolen, the Peace Officer shall be entitled, upon providing a receipt
thereof, to remove such second hand goods for the purpose of criminal
investigation, provided such second hand goods are either returned in sixty (60)
days or further retained by means of a court order.
6.5
No person may obstruct or hinder the entry or the inspection of the premises by
the Licensing Officer, a By-Law Officer or a Peace Officer.
4
6.6
Notwithstanding Section 6.1 where a Second Hand Vendor whose premises
does not exceed 500 transactions, including all acquisitions or disposition of
goods, chooses to subscribe to and pay all costs associated with maintaining an
automated recording of such transactions in a manner which communicates with
the system maintained by the York Region Police Department, said Second
Hand Vendor will be prohibited from selling, exchanging, altering, melting or
otherwise disposing of any Second Hand Good within twenty-one (21) days after
providing an automated transaction record relating to such Second Hand Goods.
During this period such goods shall be kept in the Premise used by the
Pawnbroker or Second Hand Vendor for the sale of Second Hand Goods and
shall e separate from and not commingled with other Second Hand Goods in the
same premises.
NATURE OF LICENCE
7.1
No person shall enjoy a vested right in the continuance of a license and the value
of a license shall be the property of the Town and shall remain so irrespective of
the issue, renewal or revocation thereof.
7.2
No person licensed to carry on any trade, calling, business or occupation
pursuant to this By-Law shall advertise or promote or carry on such trade, calling,
business or occupation under any name other than the name endorsed upon the
license.
7.3
The licence required by this By-Law shall, unless they are expressed to be for a
shorter or longer time, be for the period up to and including the 31st day of
December in the year of issuance, unless they are sooner forfeited or revoked.
7.4
No licence shall be transferred or assigned if a person licensed under this By-
Law, sells, leases or otherwise disposes of his interest in the trade, calling,
business or occupation, his license shall, notwithstanding any provision of this
By-Law, be revoked.
7.5
Every licence shall have endorsed thereon the location of a premise and such
endorsement shall be for one location only and such license shall be valid only
for the location endorsed thereon.
7.6
Licenses issued pursuant to this By-Law may authorize a licensee to deal in one
class only of second hand goods or in one class of second hand goods as is
specified in the license.
APLICATION, RENEWAL AND REVOCATION OF LICENCE
8.1
Every applicant shall appear in person before a Licensing Officer and shall
complete such license application forms as may be provided from time to time by
the Licensing Officer in accordance with the requirements of this By-Law and
shall provide all information requested thereon.
In the case of a premise
operated by a partnership such appearance shall be made by one of the
partners, provided the application shall be signed by all of the partners and in the
case of a premise operated by a corporation, such appearance shall be made by
an officer and not by an agent thereof.
8.2
Every applicant for a license, where such applicant is a natural individual shall
provide two (2) passport size photographs, which must be taken within thirty (30)
days of the license application.
Where the applicant is a corporation, such
photograph shall be taken of an officer of the corporation. Where the applicant is
a partnership, such photograph shall be taken of one of the partners.
8.3
At the time of submission of their application, every applicant shall pay to the
Town the fee set forth in Schedule "A" provided such fee shall not be reduced in
the event that the period for which the license is granted is less that one year.
Fifty (50) percent of such fee is refundable in the event that an application is not
accepted for licensing.
8.4
Receipt of the application and/or the licence fee by the Town shall not represent
approval of the application for the issuance of a licence nor shall it obligate the
Town to issue such licence.
5
8.5
Without limiting the generality of any other provision in this By-Law, persons
associated in a partnership applying for a licence under this By-Law shall file with
their application a statutory declaration, in writing, signed by all members of the
partnership, which declaration shall state:
(a)
the full name of every partner and the address of his/her ordinary
residence,
(b)
the name or names under which they carry on or intend to carry on
business,
(c)
that the persons therein named are the only members of the partnership,
(d)
the mailing address for the partnership.
8.6
If any member of a partnership applying for a licence is a corporation, such
corporation shall be deemed to be applying for an operator's licence in place and
stead of the partnership.
8.7
Without limiting the generality of any other provision in this By-Law, every
corporation applying for a license shall file with the Licensing Officer, at the time
of making its application, a copy of it's articles of incorporation or other
incorporating documents and shall file a statutory declaration, in writing signed by
an officer of the corporation, which declaration shall state:
(a}
the full name of every shareholder and the address of his ordinary
residence,
(b)
the name or names under which it carries on or intends to carry on
business,
{c)
that the person therein named are the only shareholders of the
corporation,
(d)
the mailing address for the corporation.
8.8
Every person applying for a licence shall file with the Licensing Officer,
documentation satisfactory to the Licensing Officer demonstrating the applicant's
right to possess or occupy the premises and if any applicant is not the registered
owner of the property upon which the premise is to be located, such person shall
file with the Licensing Officer a copy of his lease, if any, and a copy of any other
document constituting or affecting the legal relationship relating to the said lands
or premises between said applicant and the registered owner or owner in fee
simple of the said real property.
8.9
The Licensing Officer shall:
(a}
receive and process all applications for licenses and renewal of licenses
to be issued under this By-Law,
(b)
co-ordinate the enforcement of this By-Law,
(c)
generally perform all the administrative functions conferred,
(d)
make or cause to be made a circulation respecting the application which
shall include circulation of license application to the Medical Officer of
Health and Municipal and Provincial Police Departments for comments,
(e)
make or cause to be made all investigations and inspections which he
deems necessary to determine whether an applicant meets the
requirements of this By-Law and all applicable laws,
(f)
issue licenses to persons who meet the requirements of this By-Law and
suspend licenses pursuant to the provisions of this By-Law,
(g)
where a licence has been issued pursuant to this By-Law and otherwise
remains in full force and effect, renew the license of persons who meet
the requirements of this By-Law.
6
8.10
Notwithstanding the forgoing section, upon review of a licence application,
including an application for renewal, the Licensing Officer shall prepare a report
and seek Council's direction with respect to the issuance or renewal of a license
where:
{a)
the past or current conduct of the applicant or licence holder affords
reasonable grounds for belief that he is not carrying or will not carry on
the trade, calling, business or occupation in accordance with law and with
integrity and honesty, or
{b)
there are reasonable grounds for belief that the carrying on of the trade,
calling, business or occupation by the applicant or licence holder has or
will result in a breach of this By-Law or any other applicable law, or
{c)
the applicant or licence holder is a corporation or a partnership and its
conduct or the conduct of its office, directors, employees, agents or
partners affords reasonable grounds for belief that its trade, calling,
business or occupation has or will not be carried on in accordance with
the law and with integrity and honesty, or
(d)
there
are
reasonable
grounds
for
belief
that
the
premises,
accommodations, equipment or facilities in respect of which the licence is
required do not comply with the provisions of this By-Law or any other
applicable Jaw, or
(e)
the conduct of the applicant or licence holder or other related
circumstances afford reasonable grounds for the belief that the carrying
on by the applicant of the trade, calling, business or occupation in respect
of the premises for which the licence is sought would infringe the rights,
or endanger the health or safety of other members of the public.
8.11
When an application for licence is made in accordance with the provisions of this
By-Law and the applicant meets all the requirements of this By-Law or where the
Licensing Officer has been so authorized by Council in response to a report in
this regard, the Licensing Officer shall issue a license certificate which shall set
out the expiry date of the license in accordance with this By-Law and the
applicant shall hereby be licensed.
8. 12
The Licensing Officer may suspend a license where there is reason to believe
that a breach of this By-Law has occurred for any of the reasons that would form
the basis of a report to seek Council's direction with respect to the issuance or
renewal of a license. Such suspension shall take effect upon service of written
notice thereof to the licensee and the licence shall remain suspended for no
more than fifteen ( 15) days from the date of service of this notice. In order to
continue this suspension beyond the fifteen (15) day period or to revoke the
license, the Licensing Officer must prepare a report and receive Council's
direction in this regard.
Where any license is suspended, it shall not be
reinstated until the Licensing Officer is able to confirm that the conditions leading
to the suspension have been remedied.
8.13
At any meeting of Council called in relation to consider the issuance, renewal,
suspension or revocation of a licence:
(a)
the applicant shall be accorded its rights pursuant to the Statutory Powers
Procedures Act including the right to appear and speak to the matter,
(b)
where the applicant has been provided with notice of the meeting and
does not attend, Council may proceed with the meeting in the absence of
the applicant, and
(c)
where Council concludes that grounds exist upon which a licence may be
refused, suspended or revoked, Council may in lieu thereof issue a
probationary licence for a period of one year or without a term of
probation, subject to such conditions as Council may impose and are in
accordance with law.
7
8.14
Any licence that has not been renewed as of December 31st in the year of its
issuance or renewal shall expire on January 1
51 in the year following its issuance
or renewal.
CHANGE OF STATUS
9.1
Where there is any change in any of the particulars relating to a person licensed
under this By-Law, which particulars are required to be filed with the Town on
applying for a license under this By-Law, such person shall report the change to
the Licensing Officer within seven (7) days of the change.
9.2
Where there is to be a change in the composition or the controlling interest of a
partnership licensed under this By-Law, the persons licensed hereunder in
partnership shall obtain the approval of the Licensing Officer to such change prior
thereto. Where there has been any change in the controlling interest of the
partnership, either by one transaction or a number thereof, the licence may be
revoked despite the Licensing Officer's prior approval of any one or more such
transactions.
9.3
Where there is to be a change in the composition or the controlling interest of the
shareholders of a corporation licensed under this By-Law, the corporation shall
obtain the approval of the Licensing Officer to such change prior thereto, failing
which the license may be revoked. Where there has been any change in the
controlling interest of the corporation, either by one transaction or a number
thereof, the licence may be revoked, despite the Licensing Officer's prior
approval of any one or more such transactions.
OFFENCE, PENAlTY AND ENFORCEMENT
10.1
Any person who contravenes the provisions of this By-Law is guilty of an offence
and, upon conviction is liable to the maximum penalty applicable pursuant to the
provisions of the Provincial Offences Act (as amended}.
10.2
The making of a false or intentionally misleading recital of fact, statement or
representation in any agreement, statutory declaration or application form
required by this By-Law shall be deemed to be in violation of the provisions of
this By-Law.
10.3
Every person shall comply with the provisions of this By-Law whether or not
licensed under this By-Law.
10.4
This By-Law may be enforced by the Licensing Officer, a By-Law Enforcement
Officer for the Town or a Peace Officer.
MISCELLANEOUS
11.1
The provisions of this By-Law shall apply to all lands and premises within the
Town of East Gwillimbury.
11.2
Should any section of this By-Law be declared invalid by a court of competent
jurisdiction, such section shall be construed as being severed here from and the
remainder of the By-Law shall continue in full force and effect.
11.3
All Schedules referred to in this By-Law and attached to this By-Law are deemed
to be part of the By-Law.
11 .4
Wherever notice or materials are required to be served upon or provided to any
person pursuant to this By-Law, such provisions shall be deemed effective upon
mailing of such materials by registered mail to the last address of that person as
indicated upon license or other material filed with the Town or to the last
assessed business address for the person indicated upon the Taxation Roll
Records.
8
11.5
This By-Law shall come into force and effect upon the third reading thereof.
11.6
The short title of this By-Law shall be the "Second Hand Goods By-Law".
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 21st
DAY OF MAY
'2002.
9
SCHEDULE "A" TO BY-LAW# __ _
Annual Fee for License
$150.00
10
SCHEDULE " B "
TO BY-LAW NUMBER 2002-
APPLICATION FOR A PAWNBROKER/SECOND HAND VENDOR LICENCE
NAME OF BUSINESS: ___________________ _
MAILING ADDRESS OF BUSINESS: _______________ _
IS BUSINESS OPERATED BY A PARTNERSHIP: Yes_ or
IS BUSINESS OPERATED BY A CORPORATION: Yes_or
No __
No __
NAME OF APPLICANT: ___
----,--~:--:---:------=----:--c-c:-----c:---
(Applicant must be the owner, a partner of the business or an officer of the corporation -
application cannot be completed by an agent)
FULL NAME AND ADDRESS OF OWNER::-;;------:---~--:-:--:---:----
( Including full name of every partner or the full name of every shareholder where
applicable)
TELEPHONE# OF BUSINESS: _________________ _
IS APPLICANT THE OWNER OF THE PREMISES? Yes ___ or No __
_
IF NO, APPLICANT MUST SUPPLY COPY OF LEASE OR OTHER SIMILAR
DOCUMENTATION.
TYPE OF SECOND HAND GOODS
Page 2 of Application
Should this application be approved the Corporation of the Town of East Gwillimbury
and the appropriate licence subsequently issued, I do hereby agree to comply with the
provisions of the Town's Second Hand Goods Licensing by-law and all of its
amendments. Any false statements made on this application shall result in revocation of
said licence.
l, __________ of the Town/City of _____________ _
in the Region of _________________________ _
DO SOLEMNLY DELCARE THAT THE STATEMENTS MADE IN THIS APPLICATION
ARE TRUE TO THE BEST OF MY KNOWLEDGE.
Applicant
Date
Personal information contained in this form is collected under the authority of By-law NO. 2002-
and will be used to determine eligibility for a licence. Questions about this collection should be
directed to:
Clerk, Town of East Gwillimbury
19,000 Leslie Street
Sharon, Ontario
LOG 1VO
(905) 478-4282
FOR OFFICE USE ONLY:
Does applicant also hold a valid Town license as an owner of a Salvage Yard?
Yes. ___ _
or No. __
_
Has applicant provided two (2) passport size photographs, which are dated to within 30
days of the date of the application?
Has the applicant provided a police clearance letter for al employees engaged in the
purpose of acquiring or selling second had goods?
----
BY-LAW 2002-
TOWN OF EAST GWILLIMBURY
TITLE: PROVIDE FOR LICENSING. REGULATING AND INSPECTING OF RETAILERS OF SECOND-HAND GOODS
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
OFFENCE CREATING
SET FINE
PROVISION OR DEFINING
(INCUDES
OFFENCE
COSTS)
1.
Operate Second Hand Goods Shoo without License
Section 2.1
$500.00
2.
Receive Second Hand Goods from a person under the aae of 18
Section 3.1 lal
$155.00
3.
Receive Second Hand Goods from a person appearing to be under
Section 3.1 (a)
$155.00
the influence of Alcohol or Drugs.
4.
Receive Second Hand Goods outside the prescribed hours
Section 3. 1 (b)
$155.00
5.
Receive Second Hand Goods on a Holiday
Section 3.1 (b)
$155.00
6.
Fail to instruct employees in regulation of By-Law 2002-
Section 3.1 (c)
$155.00
7.
Fail to instruct employee comolies with reaulations of Bv-Law 2002-
Section 3.1 lcl
$155.00
8.
Fail to cost license in conspicuous olace
Section 3.1 (d)
$155.00
NOTE: THE PENALTY PROVISIONS FOR THE OFFENCES INDICATED ABOVE IS SECTION 10 OF BY-LAW 2002- A CERTIFIED
COPY OF WHICH HAS BEEN FILED.
BY-LAW 2002-
TOWN OF EAST GWILLIMBURY
TITLE: PROVIDE FOR LICENSING. REGULATING AND INSPECTING OF RETAILERS OF SECOND-HAND GOODS
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
OFFENCE CREATING
SET FINE
PROVISION OR DEFINING
(INCUDES
OFFENCE
COSTS)
9.
Fail to provide Police clearance letter.
Section 3.1 (e)
$155.00
10.
Fail to keep record of persons employed.
Section 3.1 (e)
$155.00
11.
Purchase Second Hand Goods with removed or obliterated
Section 3.1 (f)
$155.00
identifying features.
12.
Failing to notify Police of removal of obliterated identifying features.
Section 3.1 (f)
$155.00
13.
Receive Second Hand Goods without receipt of identification.
Section 4.1
$155.00
14.
Fail to record address of Garage Sale.
Section 4.3
$155.00
15.
Fail to record Name and/or Address of Auctioneer of former owner
Section 4.4
$155.00
16.
Fail to main legible transaction record
Section 5.1
$155.00
NOTE: THE PENALTY PROVISIONS FOR THEOFFENCES INDICATED ABOVE IS SECTION 10 OF BY-LAW 2002- A CERTIFIED
COPY OF WHICH HAS BEEN FILED.
I
BY-LAW 2002-
TOWN OF EAST GWILLIMBURY
TITLE: PROVIDE FOR LICENSING. REGULATING AND INSPECTING OF RETAILERS OF SECOND-HAND GOODS
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
OFFENCE CREATING
SET FINE
PROVISION OR DEFINING
(INCUDES
OFFENCE
COSTS)
17.
Licensee failing to ensure exact number of (related or similar)
Section 5.2
$155.00
materials recorded.
18.
Licensee failing to ensure identifying features of (related or similar)
Section 5.2
$155.00
materials recorded.
19.
Licensee failing to ensure the identifying features of the ten most
Section 5.2
$155.00
valuable (related or similar) articles in a collection recorded.
20
Licensee failing to (subscribe to or ensure transaction record is
Section 5.4
$155.00
made in) automated recording system as required.
21.
Licensee (sell or exchange or alter QI_melt or otherwise dispose of)
Section 6.1
$155.00
any Second Hand Good prior to the expiration of the prescribed
retention period.
22.
Licensee failing to keep Second Hand Goods within the premise
Section 6.1
$155.00
during the prescribed retention period.
NOTE: THE PENALTY PROVISIONS FOR THEOFFENCES INDICATED ABOVE IS SECTION 10 OF BY-LAW 2002- A CERTIFIED
COPY OF WHICH HAS BEEN FILED.
I
BY-LAW 2002-
TOWN OF EAST GWILLIMBURY
TITLE: PROVIDE FOR LICENSING, REGULATING AND INSPECTING OF RETAILERS OF SECOND-HAND GOODS
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
OFFENCE CREATING
SET FINE
PROVISION OR DEFINING
(INCUDES
OFFENCE
COSTS)
23.
Licensee failing to keep Second Hand Goods, subject to the
Section 6.1
$155.00
prescribed retention period, (separate from or commingled with) other
Second Hand Qoods in the premise.
24.
Fail to provide document.
Section 6.2
$155.00
25.
Fail to permit entry and inspection.
Section 6.3
$155.00
26.
Obstructing or hindering the entry or the inspection of a premise.
Section 6.5
$155.00
-
NOTE: THE PENALTY PROVISIONS FOR THEOFFENCES INDICATED ABOVE IS SECTION 10 OF BY-LAW 2002- A CERTIFIED
COPY OF WHICH HAS BEEN FILED.