This is the exact embedded text of the captured official document.
Snapshot 06e9a757ebea · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of The Town Of Essex
By-Law Number 629
Being a by-law to provide for
the licensing of businesses
in the Town of Essex
Whereas, Section 150(1) of the Municipal Act 2001 and amendments thereto, provides
that a local municipality may license, regulate and govern any business wholly or partly
carried on within the municipality even if the business is being carried on from a
location outside the municipality;
And Whereas Section 150(2) of the Municipal Act 2001 and amendments thereto,
provides that a municipality may exercise its licensing powers for purposes of health
and safety, nuisance control or public protection;
And Whereas, The Council of The Town of Essex deems it appropriate to pass a By-Law
for requiring the licensing of certain businesses within the Town of Essex.
Now therefore be it resolved that the Council of the Town of Essex enacts as follows:
1.
Definitions:
(a) "Clerk" means the Clerk of the Corporation of the Town of Essex.
(b) "Council" means the Council of the Corporation of the Town of Essex.
(c) "Municipality" means the Corporation of the Town of Essex.
(d) "Taxicab" means a motor vehicle as defined in The Highway Traffic Act, other
than a car pool vehicle, having a seating capacity of not more than six (6)
persons, exclusive of the driver, hired for one specific trip for the transportation
exclusively of one person or group of persons, one fare or charge only being
collected or made for the trip.
(e) "Transient Vendor" means an individual or group of individuals who use any
area within the municipality exclusively for the sale of or taking of orders for any
merchandise where such sales or order-taking are not part of the operation of
an established business or where no permanent physical structures or facilities
are used as integral parts of the sales or order-taking operations.
(f) "Zone" means an area delineated on a Zoning Map Schedule and established
and designated for a specific use or group of uses.
2.
Trades, Occupations, Callings or Business to be Licensed:
Pursuant to Section 150(1) and 155(1) of the Municipal Act 2001 and
amendments thereto, in the interest of public protection the following shall
before carrying on their subject trades, occupations, callings or business procure
from the Office of the Clerk, the license authorizing them so to do, and shall pay
at the time of procuring the said license the appropriate fee as set forth in the
"Fees and Charges" By-Law:
(i)
Any transient vendors.
(ii)
Any person who owns or drives a taxicab.
3. Licensing Requirements:
(a) Transient Vendor:
- Shall be located in a commercial, industrial or institutional zone.
(b) Taxicab Licensee:
- Shall be located in a commercial zone;
- Shall ensure that the vehicles that are to be used are four (4) years
old or newer;
- Shall carry liability insurance in an amount of not less than
$1,000,000.00;
- Shall allow the municipality to conduct a police check on the
applicant(s), and all drivers;
- Shall allow the municipality to conduct a police check on the
vehicle(s) to be used;
- Shall allow the municipality to photograph all drivers, for the
purposes of issuing photo identification;
- Shall maintain a log of each fare, detailing the location of pickup
and drop off;
- Shall ensure that either the pickup or drop off is located within
the municipal limits.
4.
Licensing Conditions and Fees:
(a) Prior to the issuance of a license for a transient vendor, the applicant shall:
(i) Complete a business license application:
- detailing the location where the goods and wares are to be sold;
- types of goods and wares to be sold;
- dates and time of the sale;
- name, address and telephone numbers of the contact person or
persons.
(ii) Provide documentation confirming permission has been acquired to
use the subject facility or land.
(iii) Pay a non-refundable license fee in the amount set forth in the Town
of Essex "Fees and Charges" By-Law for each event or sale.
(b) Prior to the issuance of a license for a taxicab the applicant shall:
(i) Complete a business license application:
- detailing the location of the operation;
- name, address and telephone number of the contact person
or persons.
(ii) Provide a certificate of insurance in an amount of not less than
$1,000,000.00;
(iii) Provide a copy of the applicant's driver's license;
(iv) Provide a copy of the driver's license for all drivers;
(v) Provide a copy of the ownership of the vehicle(s) to be used;
(vi) Provide for inspection, the vehicle(s) to be used;
(vii) Pay a non-refundable fee for each police check required as set forth
in the Town of Essex "Fees and Charges" By-Law;
(viii) Pay an annual non-refundable license fee per vehicle used, and per
eligible driver as set forth in the Town of Essex "Fees and Charges" By-
Law.
5.
Every person who contravenes any of the provisions of this by-law is guilty of an
offence and shall, upon conviction thereof, forfeit and pay a penalty of not more
than five hundred dollars ($500.00) exclusive of costs and every such fine is
recoverable under the Provincial Offences Act, R.S.O. 1990.
6
Any By-Law inconsistent with this By-Law is hereby repealed.
7
This By-Law shall come into force and take effect on the day of the final passing
thereof.
Read a first, second, third time and finally passed this 20th day of December, 2004.
Mayor
Clerk
Part 1 Provincial Offences Act
THE CORPORATION OF THE TOWN OF ESSEX
BY-LAW #629
!:3EING A BY-LAW TO PROVIDE FOR
THE LICENSING OF BUSINESSES
IN THE TOWN OF ESSEX
COLUMN 1
ITEM
SHORT FORM WORDING
COLUMN 2
OFFENCE CREATING
PROVISION OR DEFINING
OFFENCE
COLUMN 3
SET FINE
(includes costs)
1. Fail to procure a business license
2
$105.00
NOTE: the general penalty provision for the offences listed above is section 61 ofthe Provincial Offences Act, R.S.O. 1990, cP.33.
..
-.
'.
e
-
,
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 629, of the Town of Essex, attached hereto is
the set fine including costs, for those offences. This Order is to take effect
January 19: 2005.
Dated at London this 19th day of January, 2005.
Alexander M. Graham
Regional Senior Justice
West Region