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CORPORATION OF THE TOWN OF GEORGINA
IN THE
REGIONAL MUNICIPALITY OF YORK
BY-LAW NO. 2002-0169 (LI-3)
______________________________________________
A BY-LAW RESPECTING THE ISSUE
OF LICENCES IN THE TOWN OF GEORGINA
______________________________________
WHEREAS the Council of the Town of Georgina may, pursuant to the
Municipal Act, as amended, enact by-law for the licensing, regulating and
governing of businesses and occupations in the Town of Georgina;
AND WHEREAS the Council of the Town of Georgina deems it desirable to
enact a by-law to licence business;
BE IT THEREFORE ENACTED BY THE COUNCIL OF THE TOWN OF
GEORGINA:
1.
DEFINITIONS
For the purposes of this by-law:
Applicant means a person applying for a licence under this by-law;
Application means an application in the form provided by the Licensing
Section and accompanied by the appropriate fee;
Chief-of-Police means the Chief of Police of The Regional Municipality of
York;
Committee means the Committee appointed by Council for such purpose of
conducting a hearing upon request of an applicant or licensee;
Council means the Council of The Corporation of the Town of Georgina;
File means to submit a document to the Licence Issuer;
Fire Chief means the Fire Chief of the Town of Georgina or his designate;
Health Department means York Regional Health Services Department or any
other agency carrying out the responsibilities of the York Regional Health
Department;
Licence means the certificate or other similar document issued pursuant to
this by-law as proof of licensing under this by-law;
Licensed means to have in one's possession a valid and current licence
issued under this by-law and unlicensed has the contrary meaning;
Licensee means a person licensed under this by-law;
Licence Issuer means the head of the Licensing Section of The Corporation
of the Town of Georgina and includes his/her designate;
Licensing Inspector means any person appointed by the Corporation of the
Town of Georgina as a Municipal Law Enforcement Officer for the purposes of
enforcing this by-law;
Page 2 of 62 of By-law #2002-0169 (LI-3)
Medical Officer of Health means a person appointed pursuant to s. 39 of the
Public Health Act; R.S.O. 1990, as amended;
Person includes a corporation and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply
according to law;
Town means the Corporation of the Town of Georgina in The Regional
Municipality of York;
2.
LICENCES REQUIRED
(1)
There shall be taken out by:
(a)
every owner or operator of an adult entertainment facility (see
Schedule "1");
(b)
every owner or operator of an adult entertainment parlour (see
Schedule "2");
(c)
every person who owns or operates a bed and breakfast (see
Schedule "3");
(d)
every person who owns or operates a body rub parlour (see
Schedule "4");
(e)
every person who conducts an exhibition/festival (see Schedule
"5");
(f)
every person who sells or offers for sale any recreational low
hazard fireworks (see Schedule "6");
(g)
every person who acts or carries on business as a salesperson,
hawker, pedlar or goes from place to place or to a particular
place with goods, wares or merchandise for sale, or, carries and
exposes samples, patterns or specimens of any goods, wares or
merchandise that are to be delivered in the municipality
afterwards (see Schedule "7");
(h)
every person who owns a horse riding establishment (see
Schedule "8");
(i)
every person who owns or operates a place of amusement (see
Schedule "9");
(j)
every person who owns or operates a vehicle from which
refreshments are sold for consumption by the public (see
Schedule "10");
(k)
every owner or keeper of a salvage shop or salvage yard; and
every person who goes from house to house or along any street
whether public or private for the purpose of collecting,
purchasing or obtaining second-hand goods every owner or
keeper of a shop, store or other place for the purchase, sale or
exchange of second-hand goods; every person other than those
before mentioned who engage in the business of purchasing,
selling or exchanging or otherwise dealing in second-hand goods
in or from a yard, shop, store or other premises(see Schedule
"11");
Page 3 of 62 of By-law #2002-0169 (LI-3)
(l)
every person who conducts a special sale (see Schedule "12");
(m)
every person who owns or operates a limousine, taxicab or
limousine or taxicab brokerage and every person who drives a
limousine or taxicab (see Schedule "13");
a licence from the Town of Georgina authorizing them to carry on their trades,
callings, businesses, and occupations in the Town of Georgina for which
licence the person shall pay to the Licence Issuer at the time of filing an
application, the fee established by this by-law, or any amending by-law.
(2)
An application for a licence, or the renewal thereof, respecting any of
the several trades, callings, businesses and occupations mentioned in
this by-law or any amending by-law hereto, the applicant shall complete
the prescribed forms.
(3)
The licences for the trades, callings, businesses and occupations set
out in Appendix 'B' to this by-law shall, unless they are expressed to be
for a shorter or longer time, be for one year, and unless they are sooner
forfeited or revoked, shall in each case, expire in each year on the date
set out opposite the same.
(4)
The respective sums of money set out in this by-law opposite the
respective descriptions of licences in Appendix 'B' hereinafter referred
to as the "Fee Schedule" is hereby established as the amounts for such
licences.
3.
LATE PENALTY
In addition to the fee required to be submitted as set out in Appendix 'B' a late
penalty equal to 50% of the fee must also be submitted with a renewal
application if the renewal application is being submitted after the expiry date as
set out in Appendix 'B'.
4.
PROCEDURES AND GENERAL PROVISIONS
The Licence Issuer shall carry out the administrative duties associated with the
licensing function for the Town of Georgina;
(a)
No person shall alter, erase or modify a licence or allow the alteration,
erasure or modification of a licence without the approval of the Licence
Issuer;
(b)
Every application for a licence shall be delivered to the licensing section
thirty (30) days in advance of requiring said licence;
(c)
Every application for renewal of a licence shall be delivered to the
licensing section thirty (30) days prior to the expiry date of the licence
as set out in Appendix 'B';
(d)
Every corporate applicant shall file a copy of its incorporating
documents, along with any amending documents, and the most recent
annual filing, if any;
(e)
Where two or more persons carry on or engage in partnership in any of
the trades, callings, businesses or occupations set out in this by-law the
licence may be issued in the name of one partner only, but when the
application for licence is made, the name and address of each member
of the partnership shall be set out therein;
Page 4 of 62 of By-law #2002-0169 (LI-3)
(f)
Every applicant shall file a business registration under the Business
Names Act, R.S.O. 1990 as amended, where the name is other than in
name of sole proprietor;
(g)
Every licensee or applicant on request of the Licence Issuer shall file
such documentation as is necessary to determine the applicants'
compliance with the provisions of this by-law;
(h)
Every person applying for or holding a licence under this by-law shall, in
such application or in carrying on or engaging in the trade, calling,
business or occupation in respect of which the licence is issued,
observe, comply with and be governed by the regulations set out in this
by-law, the respective Schedules to this by-law or any amending by-law
which relate to such person;
(i)
Every licensee shall, on request of the Police, Licence Issuer or
Licensing Inspector, produce his licence and any other documentation
requested;
(j)
Every licensee operating propane or natural gas vehicles shall have
annual inspections and shall have affixed to the windshield, a valid
windshield sticker issued by a qualified propane or natural gas
inspector;
(k)
Every licensee shall post in a conspicuous place his licence and if the
Licence Issuer does not deem posting appropriate shall carry his
licence with him;
(l)
All plates issued pursuant to this by-law shall remain the property of the
Town;
(m)
When the applicant is not the owner of the property from where he will
be operating such business, trade or occupation he will be required to
produce a letter from the owner authorizing the use of the property for
such purpose.
5.
ONTARIO DRIVER'S LICENCE SUSPENDED
Every driver shall have and maintain in good standing at all times a driver's
licence issued by the Province of Ontario, and the driving privileges conferred
under this by-law shall, for all purposes of the by-law, be deemed suspended
during any period in which such Ontario driver's licence is under suspension.
6.
BUSINESS NAME AND CHANGE OF INFORMATION
(a)
A licensee shall carry on business in the Town in the name, which is set
out on the licence and shall not carry on business in the Town in any
other name unless he has first notified the licensing section;
(b)
A licensee shall notify the licensing section within five (5) days of any
change of name, address or any other information related to the
licensee;
(c)
Where the licensee is a corporation, the licensee shall notify the
licensing section of any change in the names and addresses of officers
and directors, the location of the corporate head office, change of
ownership of shares within five (5) days of the change, and if
necessary, the licence shall be returned immediately to the licensing
section for amendment.
Page 5 of 62 of By-law #2002-0169 (LI-3)
7.
ADMINISTRATION
The Licence Issuer shall:
(a)
receive and process all applications for licences and for renewal of
licences;
(b)
issue all licences, when an application is made in accordance with the
provisions of this by-law;
(c)
maintain complete records showing all applications received and
licences issued;
(d)
generally perform all the administrative functions conferred upon the
Licence Issuer by this by-law.
(e)
upon receipt of an application, make or cause to be made all
investigations relative to such application as set out in Appendix >E=.
8.
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
An applicant is entitled to be licensed and a licensee is entitled to have his
licence renewed except where:
(a)
having regard to his financial position, the applicant or licensee cannot
reasonably be expected to be financially responsible in the conduct of
the business being licensed;
(b)
the past conduct of the applicant or licensee affords reasonable
grounds for the belief that the applicant or licensee will not carry on the
activity for which he is to be licensed in accordance with the law, and
with integrity and honesty;
(c)
the issuing of the licence or renewal of the licence would be contrary to
the public interest;
(d)
the applicant or licensee is carrying on activities that are, or will be, if
the applicant is licensed, in contravention of this by-law, or any other
municipal by-law or any other applicable law;
(e)
where the applicant or licensee is a corporation, the past conduct of an
officer or director affords reasonable grounds for the belief that the
applicant or licensee will not carry on the activity for which he is to be
licensed in accordance with the law.
9.
LICENCE ISSUER'S POWER TO REFUSE A LICENCE
The Licence Issuer shall refuse to issue or renew a licence where the
applicant or licensee would not be entitled to a licence for the reasons set out
in this by-law.
10.
LICENCE ISSUER'S POWER TO REVOKE OR SUSPEND A
LICENCE
The Licence Issuer shall revoke or suspend a licence or deny renewal of a
licence where the licensee fails to comply with any of the provisions of this by-
law;
Page 6 of 62 of By-law #2002-0169 (LI-3)
11.
ISSUING A LICENCE ON TERMS AND CONDITIONS
The Licence Issuer may issue or renew a licence subject to such terms and
conditions as are necessary to give effect to this by-law.
(1)
When, for any of the grounds set out in the applicable section of this by-
law, an applicant or licensee is not entitled to be licensed or to have his
licence renewed, or a licence may be subject to revocation, the Licence
Issuer shall refuse to issue or refuse to renew the licence, suspend or
revoke the licence, or issue a licence subject to terms and conditions.
(2)
The Licence Issuer shall provide written notice to be given to the
applicant:
(a)
setting out the grounds for the revocation, refusal to issue or
renew, suspension or the terms and conditions of a licence;
(b)
give reasonable particulars of the grounds;
(c)
be signed by the Licence Issuer; and
(d)
inform the applicant or licensee of his right to a hearing before a
Committee appointed by Council if he delivers a written request
for such a hearing within seven (7) days following the date of
service.
(3)
The written notice given by the Licence Issuer shall be sufficiently
served if delivered personally or by registered mail addressed to the
person to whom notice is to be given at the last address given by that
person to the Licence Issuer. When written notice is given by registered
mail, service shall be deemed effective five (5) days from the date of
mailing.
(4)
On receipt of a written request for a hearing from an applicant or a
licensee, the Licence Issuer shall schedule the hearing and shall give
the applicant or licensee reasonable written notice of the date, time and
place of the hearing.
(5)
The provisions of Sections 5 to 15 and 21 to 24 of the Statutory
Powers Procedure Act , R.S.O. 1990, as amended shall apply to all
hearings conducted by the Committee under this by-law.
(6)
When an applicant or licensee who has been given written notice of the
hearing does not attend at the appointed time and place, the Committee
may proceed with the hearing in his absence and the applicant or
licensee shall not be entitled to any further notice of the proceedings.
(7)
At the conclusion of a hearing the Committee shall, as soon as
practicable, submit a written report of the hearing to Council and the
report shall:
(a)
summarize the relevant evidence and arguments presented by
the parties at the hearing;
(b)
set out the findings of fact and the recommendations made by
the Committee;
(c)
set out the reasons for the recommendations.
Page 7 of 62 of By-law #2002-0169 (LI-3)
(8)
After giving consideration to the report of the Committee, Council may
make any decision with respect to the licence and the applicant or
licensee shall not be entitled to any further hearing before Council on
the matter and the decision of Council shall be final and binding.
(9)
Where a licence has been revoked or suspended pursuant to this by-
law, the Licence Issuer shall send by registered mail, addressed to the
person whose licence has been revoked or suspended at the last
address given by that person to the Licence Issuer, a written notice of
revocation or suspension of licence, and upon the mailing of such
written notice the licence shall forthwith be revoked or suspended;
(10)
A licensee whose licence has been revoked or suspended shall return
the licence and all plates issued by the Licence Issuer with reference to
such licence to the Licence Issuer within twenty-four (24) hours of
service of the notice of revocation, and the Licence Issuer or Licence
Inspector, may enter upon the business premises or vehicles of the
licensee for the purpose of receiving, taking or removing the said
licence and plates;
(11)
No person whose licence has been revoked or suspended shall refuse
to deliver the licence or plates to the Licence Issuer or a Licence
Inspector or in any way obstruct or prevent the Licence Issuer or
Licence Inspector from receiving or taking the same.
(12)
Notwithstanding any decision of or statement by Council respecting the
granting of a licence or application therefore, no person shall be
deemed to be licensed to carry on or engaged in the trade, calling,
business or occupation for which such licence is required until he has
paid the required fee and has received the physical licence, plate, or
other evidence of the granting of such licence provided for in this by-
law.
(13)
The Licence Issuer shall on behalf of Council sign all licences issued by
it pursuant to this by-law and the Licence Issuer's signature may be
printed or mechanically reproduced upon each licence issued, and such
licence shall be in such form as Council may from time to time
designate.
12.
INSPECTION
The Licence Issuer, Licence Inspector or the Police may at all reasonable
times:
(1)
inspect any vehicle, building, place or premise used in the carrying on
of any trade, calling, business or occupation required to have a licence
under this by-law excluding any portion used as a dwelling unit; and
(2)
inspect any goods, articles, books, records and other documents of or
relating to any such trade, calling, business or occupation.
13.
NOTICE OF NON-COMPLIANCE BY AN INSPECTOR
Where the Licence Issuer or Licence Inspector find that any provision of this
by-law is being contravened, he may give to the person whom he believes to
be in contravention of the by-law a notice of non-compliance in writing
directing compliance with such provision and may require the notice of non-
compliance to be carried out forthwith or within such time as he specifies.
Page 8 of 62 of By-law #2002-0169 (LI-3)
14.
GENERAL PROHIBITIONS
(1)
No person shall, within the limits of the Town of Georgina, carry on or
engage in any of the said trades, callings, businesses or occupations
outlined in this by-law unless he possesses a valid licence.
(2)
No person shall hold himself out to be licensed pursuant to this by-law
unless he is so licensed.
(3)
No person who has or is required to have a licence under this by-law
shall obstruct or hinder the making of any inspection under this by-law,
or cause or permit the same to be obstructed or hindered.
(4)
No person shall obstruct the Licence Issuer or Licence Inspector in the
execution of his duties.
(5)
No person licensed pursuant to this by-law shall for reason of race,
ancestry, place or origin, colour, ethnic origin, citizenship, creed, sex,
age, marital status, family status or handicap, discriminate against any
member of the public.
(6)
No person licensed under this by-law shall in respect of any disabled
person;
(a)
refuse to provide service in any manner to such person;
(b)
refuse to permit such person to enter into or upon any place,
premise, vehicle or thing to which the licence relates; or
(c)
refuse to permit such person to remain in or upon such place,
premise, vehicle or thing;
by reason only have the presence of such disability.
(7)
No person shall operate or permit to be operated any vehicle, which is
not licensed pursuant to this by-law.
(8)
No person shall operate or permit to be operated any vehicle, which
does not have affixed to it in a manner approved by the Licence Issuer
or Licence Inspector a current valid plate.
(9)
No person shall withhold, destroy, conceal or refuse to furnish any
information, books, papers, documents, or things relevant to the subject
matter of an application or an inspection.
(10)
No person shall enjoy a vested right in the continuance of a licence and
upon the issue, renewal, transfer, cancellation or suspension thereof,
the value of a licence shall be the property of the Town.
(11)
No person licensed to carry on business under this by-law shall
advertise or promote or carry on such business under any name other
than the name endorsed upon his licence.
(12)
No person shall sell on any property without the written permission of
the property owner which written permission clearly identifies the
location.
Page 9 of 62 of By-law #2002-0169 (LI-3)
15.
PENALTY
Every person who contravenes any of the provisions of this by-law is guilty of
an offence and upon conviction is liable to a fine as provided in the Provincial
Offences Act, R.S.O. 1990, C. P. 33, as amended.
16.
INTERPRETATION
(1)
In this by-law, unless the context otherwise requires, words importing
the singular number shall include the plural and words importing the
masculine gender shall include the feminine.
(2)
All schedules and appendices to this by-law shall form part of the by-
law.
(3)
In the event of conflict between any of the general provisions of this by-
law and any provisions set out in the Schedules hereto, the provisions
of the Schedule shall prevail.
17.
SEVERABILITY
Every provision of this by-law is declared to be severable from the remainder
of the by-law and if a court of competent jurisdiction shall declare any provision
of this by-law invalid such declaration shall not affect the validity of the
remainder thereof.
18.
REPEAL
That by-law Number 99-032(LI-3) and all amendment thereto are hereby
repealed.
Read a first, second and third time this .
______________________
Jeffrey Holec, Mayor
______________________
Roland Chénier, Town Clerk
Page 10 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 1 TO BY-LAW #2002-0169 (LI-3)
Relating to Owners and Operators of Adult Entertainment Facilities
1.
DEFINITIONS
For the purposes of this schedule:
Adult Entertainment Facility means any premises or part thereof where
goods of a sexual nature are sold, rented, distributed, or made available for
use provided that the goods of a sexual nature occupy an area greater than 3
sq. metres.
(1)
For the purpose of this definition:
Goods of a sexual nature means:
(a)
books, magazines, pictures, slides, film, photocopies, compact disks,
disks, pre-recorded magnetic tape, digital video disks and any other
viewing or listing material which show, display or record actual:
(i)
sexual intercourse, ejaculation, cunnilingus, fellatio, buggery,
bestiality, masturbation, urination or defecation on another
person, or the beating, flagellation, mutilation, maiming,
torture or murder of one or more human beings; and/or
(ii)
pubic, perinea or perianal areas, or buttocks of any person or
the nipples or areola area of any female person;
(b)
devices or instruments or material, which replicate the penis or the
testes, the vagina or the breasts of any person.
(2)
No more than five (5) adult entertainment facility licences shall be
issued.
(3)
No licence shall be issued or renewed unless:
(a)
The applicant is 18 years of age or older;
(b)
The adult entertainment facility conforms to all by-laws of the
Town of Georgina;
(c)
The adult entertainment facility is located at least 1,500 metres
from the lot upon which any school is located;
(d)
the adult entertainment facility is located at least 5,000 metres
from any other adult entertainment facility;
(4)
The notice attached as Diagram 1 to this Schedule must be posted at
every entrance of an adult entertainment facility;
(5)
No sign shall be posted and no advertising shall be located outside of
any adult entertainment facility which displays any information or
images, photographs or other material, except the words "Adult
Entertainment Facility" and the business name of such facility; and
(6)
All windows of adult entertainment facilities must be opaque.
Page 11 of 62 of By-law #2002-0169 (LI-3)
(7)
No person licensed under this By-law shall:
(a)
permit any individual under the age of eighteen (18) years to
enter or remain in any adult entertainment facility;
(b)
employ or otherwise use the services of individuals under the
age of eighteen (18) years;
(c)
permit any person to loiter, create a disturbance or cause undue
noise while on the licensed premises.
(d)
NOTWITHSTANDING the above, operate an adult entertainment
facility on Christmas Day, Good Friday or Easter Sunday.
Page 12 of 62 of By-law #2002-0169 (LI-3)
DIAGRAM 1
← 30 cm →
60 cm ↕
← 30 cm →
(White paper)
↑
14.5 cm
↓
'NOTICE (3 cm)
↑
4 cm
↓
ADMITTANCE RESTRICTED ↕ (3 cm)
↑
4 cm
↓
TO (3 cm) ↕
↑
4 cm
↓
PERSONS 18 YEARS ↕ (3 cm)
↑
4 cm
↓
OR OLDER ↕ (3 cm
↑
14.5 cm
↓
Page 13 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 2 TO BY-LAW #2002-0169 (LI-3)
Relating to Owners and Operators of Adult Entertainment Parlours
1.
DEFINITIONS
For the purposes of this Schedule:
Adult Entertainment Parlour means any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation, goods or
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations, which include:
(a)
goods or services of which a principal feature or characteristic is
the nudity or partial nudity of any person;
(b)
goods or services in respect to which the word nude, naked,
topless, bottomless, sexy, nu, another word or picture symbol or
representation having like meaning or implication as used in any
advertisement.
Animation means any motion of a display or part thereof whether by
mechanical action or the flashing on and off of its lights
Permitted Area means that area of the Town as defined in Appendix >D= to
this By-law which is zoned for permitting the use of the land as an adult
entertainment parlour, and where the use of land as an adult entertainment
parlour has not been specifically prohibited;
To Provide when used in relation to services includes to furnish, perform,
solicit, or give such services, and "providing" and "provision" have
corresponding meanings;
Services include activities, facilities, performances, exhibitions, viewing and
encounters;
Services designed to appeal to erotic or sexual appetites or inclinations
includes:
(a)
services of which a principal feature or characteristic is the nudity
or partial nudity of any person;
(b)
services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy", "nu" or any other word or picture, symbol or
representation having like meaning or implication is used in any
advertisement.
Entertainer means any person other than a licensed owner or operator who
provides services designed to appeal to erotic or sexual appetites or
inclinations at an adult entertainment parlour.
Sexual Contact includes the kissing, fondling, and sucking of breasts or
genitals, digital penetration, fellatio, cunnilingus, masturbation, ejaculation or
intercourse.
2.
NUMBER OF LICENCES
No more than two (2) adult entertainment parlour licences shall be issued.
Page 14 of 62 of By-law #2002-0169 (LI-3)
3.
LOCATION
(1)
No licence will be issued or renewed under this by-law unless;
(a)
the adult entertainment parlour is located in a permitted area and
is not located closer than five hundred (500) metres measured
on a continuous path over the shortest distance from a
residential zone;
(b)
the adult entertainment parlour is located in a permitted area and
is not located closer than five hundred (500) metres measured
on a continuous path over the shortest distance from an
institutional zone;
(c)
the adult entertainment parlour is located in a permitted area and
is not located closer than one thousand (1,000) metres
measured on a continuous path over the shortest distance from
another adult entertainment parlour;
(d)
the applicant is a holder of a licence under the Liquor
Licence Act R.S.O. 1990, as amended.
4.
SIGNS AND ADVERTISEMENTS
(1)
In addition to the provisions of the Town's sign by-law, as amended,
being a by-law to regulate the use and erection of signs in the Town of
Georgina, no person shall:
(a)
display, or cause to be erected or displayed, a sign or advertising
device used for the purpose of promoting an adult entertainment
parlour, where such sign or advertising conveys a message
through the use of pictures, graphics or any means other than by
the use of words;
(b)
has any animation;
(c)
has flashing lights; or
(d)
is designed to revolve on an axis.
(2)
Where there is a conflict between the provisions of this Schedule and
the provisions of the Town's sign by-law, as amended, the provisions of
this Schedule shall apply.
5.
LICENCE REQUIREMENTS
(1)
No person licensed under this By-law shall:
(a)
permit any individual under the age of eighteen (18) years to
enter or remain in the adult entertainment parlour for which the
licence has been obtained, or any part thereof;
(b)
employ or otherwise use the services of individuals under the
age of eighteen (18) years;
(c)
operate an adult entertainment parlour except on Mondays to
Saturdays inclusive, between the hours of 11:00 a.m. and 2:00
a.m. of the following day and on Sundays between the hours of
4:00 p.m. and 2:00 a.m. of the following day;
Page 15 of 62 of By-law #2002-0169 (LI-3)
(d)
notwithstanding the above, operate an adult entertainment
parlour on Christmas Day, Good Friday or Easter Sunday;
(e)
permit any person to loiter, create a disturbance or cause undue
noise while on the licensed premises;
(f)
construct or equip or permit the construction or equipping of the
premises containing an adult entertainment parlour in such a
manner as to hinder or prevent the enforcement of this By-law.
(2)
No owner or operator shall permit any entertainer to make any physical
contact with the breasts, buttocks, genital or pubic areas of any other
person or have sexual contact with any person.
(3)
No entertainer, while providing services as a dancer, shall allow any
other person to touch, kiss, or make any physical contact with their
breasts, buttocks, genital or pubic areas or have sexual contact with
any person.
(4)
All services provided by an entertainer shall be provided within view of
the main stage without obstruction by walls, curtains, or any other
enclosure.
(5)
Every person who owns or operates an adult entertainment parlour
shall:
(a)
require an entertainer, prior to performing in the adult
entertainment parlour, to complete in full a registration form in
the form approved by the Licence Issuer;
(b)
retain with the completed registration form a photocopy of the
identification provided by the entertainer;
(c)
upon request of a police officer or by-law enforcement officer,
provide forthwith to the officer a valid, completed registration
form for any and all entertainers, together with photocopies of the
identification retained by the registration form;
(d)
retain all completed registration forms and photocopies of
identification for a period of two (2) years from the date of
completion;
(e)
where an entertainer is continually performing at the licensed
premises, have the entertainer complete a registration form at
least once a year or when any change in information occurs;
(f)
keep the premises in a clear and sanitary condition.
(6)
A registration form is valid for one (1) year from its completion.
Page 16 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 3 TO BY-LAW #2002-0169 (LI-3)
Relating to Persons who own or operate a Bed & Breakfast
1.
DEFINITIONS
For the purposes of this Schedule:
Bed & Breakfast Residence means a single family dwelling licensed as a bed
and breakfast residence, in which a maximum of four guest bedrooms are let
by the resident owner, up to a maximum of fifteen consecutive days, to
members of the travelling public. Meals may be provided for the temporary
residents within the single-family dwelling.
2.
LICENCE REQUIREMENTS
(1)
Every applicant in respect of a bed and breakfast licence shall file with
the Licence Issuer:
(a)
a policy or a Certificate of Insurance against occupiers' liability
and endorsed to the effect that the Licence Issuer shall be given
at least five (5) days notice in writing of any cancellation,
expiration or variation in the amount of the policy, and insuring in
at least the following amounts:
(i)
In the case of bodily injury or death, to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against all
claims for personal injury, including injury resulting in
death, and property damage, with an inclusive limit of not
less than $1,000,000.00.
(2)
Every licensee who operates a bed and breakfast shall:
(a)
ensure each guest room has a lock on the door;
(b)
have a minimum of one 3-piece washroom for the sole benefit of
the guests;
(c)
maintain a Register in which the following shall be entered:
(i)
name and address of each person being accommodated;
(ii)
the date of arrival and of departure of each person
accommodated;
(iii)
the trade name of the motor vehicle, the vehicle licence
number thereof and the name of the Province, State or
other authority issuing the vehicle licence; if the person
being accommodated is traveling by motor vehicle;
(d)
ensure an entry in the Register shall be preserved for at least
one year from the date of entry;
(e)
file with the Licence Issuer the rates for sleeping accommodation
in the Bed & Breakfast and alteration therein;
(f)
post up the rates filed under clause 2(e) on the back of the door
of each guest room;
Page 17 of 62 of By-law #2002-0169 (LI-3)
(g)
have the linen of each bed changed upon the departure of a
guest or once a week, whichever occurs first;
(h)
ensure any sign erected is done so in accordance with the Town'
Sign By-law.
Page 18 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 4 TO BY-LAW #2002-0169 (LI-3)
Relating to the Owners, Operators and Providers in
Body Rub Parlours
1.
DEFINITIONS
For the purposes of this Schedule:
Body Rub includes the kneading, manipulating, rubbing, massaging, touching
or stimulating by any means of the person's body or part thereof, but does not
include medical or therapeutic treatment given by a person otherwise duly
qualified, licensed or registered to do so under the laws of the Province of
Ontario;
Body Rub Parlour includes any premises or part thereof where a body rub is
performed, offered or solicited in pursuance of a calling, business, or
occupation, but does not include any premises or part thereof where the body
rubs performed are for the purpose of medical or therapeutic treatment and
are performed or offered by persons otherwise duly qualified, licensed or
registered so to do under the laws of the Province of Ontario;
Drugs shall be deemed to exclude patent medicines and prescription drugs
required for medicinal purposes.
Owner, Operator and Provider means respectively the owner, operator or
provider in a body rub parlour licenced as such or required to be licenced as
such.
Permitted Area means that area of the Town as defined in Appendix 'D' to
this By-law.
To Provide when used in relation to services includes furnishing, performing,
soliciting or giving such services and "providing" and "provision" have
corresponding meanings.
2.
NUMBER OF LICENCES
No more than two (2) body rub parlour licences shall be issued.
3.
LOCATION
No licence will be issued or renewed under this schedule unless:
(1)
the body rub parlour is located in a permitted area and is not located
closer than five hundred (500) metres measured on a continuous path
over the shortest distance from an residential zone;
(2)
the body rub parlour is located in a permitted area and is not located
closer than five hundred (500) metres measured on a continuous path
over the shortest distance from an institutional zone;
(3)
the body rub parlour is located in a permitted area and is not located
closer than one thousand (1,000) metres measured on a continuous
path over the shortest distance from another body rub parlour;
Page 19 of 62 of By-law #2002-0169 (LI-3)
(4)
No person shall own or operate a body rub parlour on any land or
premises except in a single use building on a single lot or block upon
which no other buildings are located and which lot or block may be
conveyed in compliance with the provisions of the Planning Act R.S.O.
1990 c.P.13 without the requirement of subdivision or consent.
(5)
No person shall own or operate a body rub parlour from any premises
except upon such lands as are zoned to permit the use of a body rub
parlour in accordance with Town Zoning By-law (as amended).
4.
SIGNS AND ADVERTISEMENTS
(1)
In addition to the provisions of the Town's sign by-law, as amended
being a by-law to regulate the use and erection of signs in the Town of
Georgina, no person shall:
(a)
erect or maintain any of the following signs in respect of a body
rub parlour or in respect of any calling, business or occupation
carried on at any body rub parlour;
(i)
sign, awning
(ii)
sign, canopy
(iii)
sign, free standing canopy
(iv)
sign, inflatable
(v)
sign, portable
(vi)
sign, trailer
(vii)
sign, ground or pylon
(b)
erect or maintain a wall sign in respect of a body rub parlour or
in respect of any activity carried on at a body rub parlour,
except a wall sign or signs that do not exceed a total combined
area of 4.6 square metres or 25% of the area of the wall face,
whichever is less
(c)
may erect or maintain a projecting sign in respect of a body rub
parlour or in respect of any activity carried on at a body rub
parlour, except a projecting sign that does not exceed a total
area of 1.5 square metres and that does not constitute more
than one projecting sign.
(2)
Nothing within this schedule shall be deemed to constrain any person
from erecting or maintaining any sign on any interior wall of a body rub
parlour, provided the content of such sign is not visible from the exterior
of the body rub parlour.
(3)
No person may erect or maintain any sign in respect of a body rub
parlour which includes any letters, marking, symbols, pictures or
representations except the name of the body rub parlour as recorded on
the application for licence and any registered copyright logos or
symbols, provided a copy of such logos or symbol is filed with the
Licence Issuer as part of the licensing process.
(4)
Every owner or operator shall obliterate, withdraw, remove or destroy
any sign advertising their body rub parlour which has been erected
contrary to the provisions of this by-law upon their property immediately
upon becoming aware of same or upon being ordered to do so by the
Licence Issuer, whichever shall first occur.
Page 20 of 62 of By-law #2002-0169 (LI-3)
(5)
No person shall display or circulate any poster, handbill, sign, card or
novelty used to promote the business of a body rub parlour on land or
premises other than the premises upon which the body rub parlour is
situate and no sign shall be constructed or maintained except in
accordance with this By-law.
(6)
Where there is a conflict between the provisions of this Schedule and
the provisions of the Town's sign by-law, as amended, the provisions of
this Schedule shall apply.
5.
LICENCE REQUIREMENTS
(1)
No partnership shall be licenced as an owner in respect of a body rub
parlour unless that partnership is also an operator or some other person
is licenced as an operator in respect of that body rub parlour.
(2)
No corporation shall be licenced as an owner in respect of a body rub
parlour unless that corporation or some other person is licenced as an
operator in respect of that body rub parlour.
(3)
Every person applying for a Body Rub Parlour Owner's Licence shall
file with the Licence Issuer, documentation satisfactory to the Licence
Issuer demonstrating the applicant's right to possess or occupy the
premises to be used by him as a body rub parlour, and if any applicant
is not the registered owner or owner in fee simple of the property upon
which the body rub parlour is to be located, such person shall file with
the Licence Issuer, with his application for a Body Rub Parlour Owner's
licence, 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.
(4)
No owner shall permit any person other than a licenced operator to
operate a body rub parlour.
(5)
No operator shall operate a body rub parlour in premises for which the
owner thereof has not obtained an owner's licence under this schedule.
(6)
No person shall provide any person with a body rub, except in
accordance with this schedule.
(7)
No owner or operator shall carry on any calling, business or occupation
at a body rub parlour other than the body rub parlour endorsed on their
licence and at the location endorsed thereon.
(8)
Every contract of service, contract for services or other document
constituting or pertaining to the relationship between owner, operator or
provider of any body rubs at a body rub parlour shall be in writing and
shall be made available for inspection at any time during normal
business hours of the Town to a Licence Issuer upon request, and shall
be retained by the owner or operator for a period of six months after it's
termination or completion.
Page 21 of 62 of By-law #2002-0169 (LI-3)
6.
DESIGN OF PREMISES
(1)
No person shall be an owner or operator in respect of a body rub
parlour except in compliance with the following regulations:
(a)
The premises shall be provided with adequate ventilation and
with lighting that is adequate to ensure visibility and that is
uniformly distributed throughout the premises;
(b)
The premises and all fixtures and equipment therein shall be
regularly washed and kept in a sanitary condition;
(c)
The premises shall be equipped with an effective utility sink;
(d)
Adequate toilet and washroom accommodation shall be provided
in accordance with the regulations set forth under the Ontario
Building Code Act, as amended;
(e)
Washrooms shall be equipped with:
(i)
an adequate supply of hot and cold water;
(ii)
an adequate supply of liquid soap in a suitable container
or dispenser;
(iii)
hot air dryers or individual towels in a suitable container or
dispenser;
(iv)
a suitable receptacle for used towels and waste material;
(f)
No washroom, toilet, sink or basin used for domestic purposes
shall be used in connection with a body rub parlour;
(g)
In all shower-bathrooms, if any, and in all sauna-bath rooms, if
any,
(i)
the floors shall be disinfected at least once a week with a
disinfecting solution approved by the Medical Officer of
Health;
(ii)
all surfaces and attached accessories of the bath or
shower enclosure must be self-draining;
(iii)
all showers must have removable cleanable drain covers;
(iv)
floor surfaces both within and without the enclosures shall
be of non-slip type;
(h)
Every body-rub parlour shall be equipped with a window to
permit observation of the provision of body-rubs by third parties.
(2)
No premises or part thereof used as a body rub parlour shall be used as
a dwelling or for sleeping purposes or contain therein any furniture
which is commonly used or may be used for sleeping purposes and it
shall be the duty of the owner and the operator to ensure that this
provision is complied with.
Page 22 of 62 of By-law #2002-0169 (LI-3)
(3)
No door to any room or cubicle where services are or may be provided
in a body rub parlour, save and except one room designated by the
owner and used by the owner or operator as an office and one room
designated by the owner as a storage room, shall be equipped or
constructed with a locking device of any kind, or with any device or
structure which could delay or hinder anyone from entering or obtaining
access to such a room or cubicle and it shall be the duty of the owner
and the operator to ensure that this provision is complied with.
(4)
Every owner applying for a licence under this By-law shall file with his
application a floor plan of the premises to be used as a body rub parlour
upon which the owner shall clearly designate the room which shall be
used to provide body rubs, the room which shall be used as an office by
the owner and operator and the storage room, if any. In the event the
owner or the operator wishes to amend the floor plan, he shall first file
with the Licence Issuer a copy of the amended floor plan and shall not
proceed to make such alterations without first obtaining the approval of
the Licence Issuer.
(5)
No person shall provide any body rub in a room, cubicle or other
enclosure which has a door or other means of access which is
equipped or constructed with a locking device of any kind or which is
equipped or constructed in such a way as to permit the obstruction,
hindrance or delay of any person attempting to gain entry thereto.
(6)
During the hours of business of a body rub parlour, it shall be the
responsibility of the owner and of the operator, if any, to ensure that the
door or doors or other principal means of access into the body rub
parlour by the public shall be kept unlocked and available so that
anyone coming into the body rub parlour from the street or other public
place may enter therein without hindrance or delay.
(7)
No person shall be an owner or operator in respect of a body rub
parlour unless there is maintained over the street door or in the lower
front window of the premises in respect to which such person's licence
is issued or in some other conspicuous place on the exterior of such
premises satisfactory to the Licence Issuer, a sign issued by the
Licence Issuer bearing the words, "LICENSED BODY RUB PARLOUR
NO.________", (inserting after "No." the owner's licence number), and
"Comments regarding this business may be made to the Town of
Georgina Clerk's Department at (905) 476-4301". The By-law
regulating these premises makes it an offence for any person to provide
service in a body-rub parlour that is designed to appeal to erotic or
sexual appetite.
(8)
Every owner, operator or provider of body rubs at a body rub parlour in
the Town of Georgina who is in attendance at a body rub parlour,
whether engaged in their respective, calling, business or occupation at
that time or not, shall upon a demand made to them by anyone
authorized to enforce the provisions of this By-law, provide their name,
residential address and licence pursuant to this By-law.
(9)
No owner, operator or provider of body rubs shall provide or shall permit
any services to be given, performed, provided or received in any body
rub parlour in breach of any of the provisions contained in this By-law.
(10)
No owner or operator shall permit any person who appears to be
intoxicated by alcohol or a drug to enter or remain in any body rub
parlour operated by him.
Page 23 of 62 of By-law #2002-0169 (LI-3)
(11)
No owner or operator shall permit a body rub parlour owned or operated
by him to be open for business or shall permit the provision of any
services at a body rub parlour, unless the owner or operator is in
attendance in person and no owner or operator shall permit a body rub
parlour owned or operated by him to open for business, or remain open
for business, or any body rub to be provided at such body rub parlour
unless this section is complied with.
(12)
No owner, operator or provider of body rubs shall take, consume or
have alcohol or drugs in their possession in a body rub parlour, nor
shall the use or effects of alcohol or drugs by them be apparent while
that body rub parlour is under their charge or when providing services
therein, as the case may be.
(13)
Every owner or operator shall provide and maintain at all times at the
body rub parlour operated by him a first-aid kit equipped in a manner
satisfactory to the Medical Officer of Health.
(14)
Every owner, operator and provider shall, while engaged in his
respective calling, business or occupation in a body rub parlour, be neat
and clean in his person and civil and well behaved to members of the
public with whom he is dealing.
(15)
Every recipient of body-rubs in a body-rub parlour shall be clothed in a
manner that ensures that the person's genitalia are covered at all times.
(16)
Every owner, operator or provider of body-rubs in a body-rub parlour
shall be clothed in a manner that ensures that the person's genitalia
and breast is covered at all times.
(17)
No owner, or operator or provider shall use or permit to be used any
camera or other photographic or recording device in, upon or at a body
rub parlour by any person other than:
(a)
a Public Health Inspector acting under the direction of the
Medical Officer of Health;
(b)
the Licence Issuer;
(c)
a Peace Officer; or
(d)
a Provincial Offences Officer
(18)
No owner or operator may permit any person under the age of eighteen
years to enter or remain in any part of a body rub parlour.
7.
HOURS OF OPERATION
(1)
No body-rub parlour shall be open to the public, no owner or operator of
a body-rub parlour may permit service to be provided, except between
the following days and hours:
(a)
Mondays to Fridays 9:00 a.m. to 10:00 p.m. of the same day
(b)
Saturdays 9:00 a.m. to 6:00 p.m.
(c)
Sundays 11:00 a.m. to 5:00 p.m.
Page 24 of 62 of By-law #2002-0169 (LI-3)
(2)
Every owner or operator of a body-rub parlour shall:
(a)
require every body-rubber, prior to performing any body-rub
function, to complete in full a registration form in the form
approved by the Licence Issuer;
(b)
retain with the completed registration form photocopies of the
identification provided by the body-rubber;
(c)
upon request of a Police Officer, Licence Issuer, By-law
Enforcement Officer or Health Inspector, provide forthwith to the
officer, a valid completed registration form for any and all body-
rubbers, together with photocopies of the identification and
photograph retained as per the registration form;
(d)
retain all completed registration forms, photocopies of
identification and photograph for a period of two (2) years from
date of completion; and
(e)
where a body-rubber is continually employed at the licensed
body-rub parlour, have the body-rubber complete the registration
form at least once a year including any change in information.
(3)
A registration form is valid for one (1) year from its completion.
Page 25 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 5 TO BY-LAW #2002-0169 (LI-3)
Relating to Certain Exhibitions/Festivals
1.
DEFINITIONS
For the purpose of this Schedule:
Exhibition/Festival means a concert, a musical exhibition, a festival or other
gathering held for hire or gain where:
(a)
entertainment or instruction is provided to a person who attends;
(b)
it is estimated two hundred and fifty (250) or more persons will attend;
(c)
a fee for admission is charged and includes a membership fee in a club,
organization, or association, which entitles the public to attend;
(d)
the persons who attend are accommodated outdoors or within a
temporary structure.
2.
LICENCE REQUIREMENTS
Every applicant in respect of an Exhibitions/Festivals licence shall file with the
Licence Issuer:
(1)
A letter from York Regional Police advising they have been made aware
of the exhibition and are satisfied with security precautions being taken
by the applicant;
(2)
A letter or certificate from the York Regional Health Services
Department advising they have no objection and satisfactory
arrangements have been made to ensure compliance with all health
legislation and regulations;
(3)
A plan outlining the area to be used, the entry and exit points, the
parking and internal roadways, the areas upon which any permanent or
temporary building or structure are to be set up, and the areas where
lavatory and washing facilities are to be set up;
(4)
For each place or premise for which the applicant has applied for a
licence, a policy or a certificate of insurance against occupiers liability
and endorsed to the effect that the Corporation of the Town of Georgina
and the Regional Municipality of York are named as additional insured
and that the Licence Issuer shall be given at least five (5) days notice in
writing of any cancellation, expiration or variation in the amount of the
policy, and insuring in at least the following amounts;
(i)
In the case of bodily injury or death, to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against all claims
for personal injury, including injury resulting in death, and
property damage, with an inclusive limit of not less than
$1,000,000.00.
(5)
In the case where alcohol is being served, a policy or a certificate of
insurance against alcohol liability and endorsed to the effect that the
Corporation of the Town of Georgina is named as an additional insured,
and insuring in at least the following amounts:
Page 26 of 62 of By-law #2002-0169 (LI-3)
(i)
In the case of bodily injury or death, to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against all claims
for personal injury, including injury resulting in death, and
property damage, with an inclusive limit of not less than
$1,000,000.00.
(6)
This by-law shall not apply to any exhibition/festival which is to take
place on a local municipal road allowance, town owned or operated
park or facility and on the Sutton Agricultural Society lands located on
North Street, Sutton.
(7)
Every licensee shall if deemed required by the Town hire at his own
expense, independent security personnel to monitor the attendees to
ensure orderly conduct and compliance with the provisions of this by-
law.
(8)
Every licensee shall:
(a)
be responsible for supervising, overseeing and maintaining
orderly conduct;
(b)
not permit any person to create a disturbance or cause undue
noise while on the premises;
(c)
keep the premises in a clean, neat and sanitary condition, free
from fire hazards or any other hazards.
Page 27 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 7 TO BY-LAW #2002-0169 (LI-3)
Relating to Hawkers, Pedlars, Vendors and other persons going from
place to place with goods, wares or merchandise for sale
1.
DEFINITIONS
For the purposes of this Schedule:
Vendor shall mean any person who goes from place to place or to a particular
place with goods, wares or merchandise for sale, and shall include the person
under whose Provincial vendor's permit the seller operates, but shall not
include any such person who is hawking, peddling or selling goods, wares or
merchandise:
(1)
to wholesale or retail dealers in similar goods, wares or merchandise;
(2)
if the goods wares or merchandise are grown, produced or
manufactured in Ontario and are hawked, peddled or sold by the
grower, producer or manufacturer or an agent or employee of them
having written authority so to do, in the municipality in which the grower,
producer or manufacturer resides;
(3)
if the goods, wares or merchandise are grown or produced by a farmer
resident in Ontario who offers for sale or sells only the produce of the
farmer's own farm;
(4)
if the goods, wares or merchandise are hawked, peddled or sold by a
person who operates a legally established business from a commercial
property in the municipality, or by that person's agent or employee;
(5)
if the goods, wares or merchandise are hawked, peddled or sold by an
agent of the grower, producer or manufacturer, acting on behalf of a
dealer who operates a legally established business from a commercial
property in the municipality in respect of premises used for the sale of
such goods, wares or merchandise;
(6)
by persons who sell milk or cream or fluid milk products to the
consumer or to any person for resale.
2.
LICENCE REQUIREMENTS
Every applicant shall file with the Licence Issuer proof of the following:
(1)
Goods and services tax registration;
(2)
Provincial sales tax registration (provincial vendor's licence);
(3)
supply a plan identifying the lot where goods, wares or merchandise are
to be sold from.
2.
GENERAL PROHIBITIONS
(1)
No person shall sell or offer for sale any goods, wares or merchandise
on property, which is not zoned to permit such use.
(2)
No person shall sell or offer for sale any goods, wares or merchandise
on a highway or on a vacant lot adjacent to a highway.
Page 28 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 8 TO BY-LAW #2002-0169 (LI-3)
Relating to Horse Riding Establishments
1.
DEFINITIONS
For the purposes of this Schedule:
Assistant Instructor means a person who has attained the age of sixteen
(16) years and has at least three (3) consecutive year's experience with
horses in the immediately preceding five (5) years who is supervised by an
instructor.
Assistant Trail Guide means a person who has attained the age of sixteen
(16) years and has at least three (3) consecutive year's experience riding and
working with horses at a horse-riding establishment where trail riding is
provided, in the immediately preceding five (5) years.
Drug means a substance as listed in Schedules I, II, III, IV or V to the
Controlled Drugs and Substances Act S.C. 1996, c.19, as may be amended
from time to time.
Head Trail Guide means a person who has attained the age of eighteen (18)
years and has at least three (3) consecutive year's experience in assisting or
leading trail rides during the immediately preceding five (5) years.
Horse means any animal of the equine species.
Horse Riding Establishment means the carrying on of business in the equine
industry and is further divided into the following disciplines:
(a)
Trail Riding Establishment means the carrying on of a
business where horses are let out for hire for recreational riding
for payment, either at a permanent or temporary location.
(b)
Instructional Riding Establishment means the carrying on of a
business where horses are let out for hire for providing
instruction for payment, either at a permanent or temporary
location or where instruction is provided in horse riding where the
horse is owned and boarded or part boarded.
Instructor means a person who has attained the age of eighteen (18) years
and has at least five (5) consecutive year's experience riding or horse training
in the immediately preceding seven (7) years or a person who has been
certified by the Ontario Equestrian Federation, Canadian Equestrian
Federation, Canadian Therapeutic Riding Association, Certified Horseman's
Association or the British Horse Society or other credited Equine Association
or Institution, or been a member of the Canadian Equestrian Team.
Lead Line Ride means a single horse led by a person deemed capable by the
licensee.
2.
LICENCE REQUIREMENTS
Every applicant shall file with the Licence Issuer:
Page 29 of 62 of By-law #2002-0169 (LI-3)
(1)
for the premise in respect of which the licence has been applied for, a
policy or certificate of insurance endorsed to the effect that the licence
Issuer will be given at least thrity (30) days notice in writing of any
cancellation, expiry or variation in the amount of the policy, insuring to a
limit of at least $2,000,000 (exclusive of interest and costs) against all
claims for personal injury, including injury resulting in death and
property damage.
3.
REGULATIONS OF CARRYING ON BUSINESS
(1)
No person licenced as a horse-riding establishment where trail riding is
provided shall:
(a)
rent a horse to a person under the age of eighteen (18) years
unless that person is wearing a designated riding helmet which is
properly fitted and fastened securely upon the rider's head by an
attached harness, at all times while that person is mounted on a
horse;
(b)
rent a horse to a person unless that person is wearing properly
fitting, hard and smooth soled footwear with a defined heel or
proper riding footwear with a defined heel;
(c)
conduct trail riding with less than one (1) head trail guide for the
first six (6) persons and an assistant trail guide for every
additional six (6) persons;
(d)
conduct trail riding without a head trail guide or assistant trail
guide carrying, at all times, a two-way communication device
where its signal will be received by another head trail guide or
assistant trail guide who is not also on the same trail ride;
(e)
permit more than one person to ride a horse at the same time
except for disabled riders with special needs within a designated
controlled environment;
(f)
rent a horse unless that horse is know to be safe, sound and
schooled for the purposes intended and appropriately suited to
the rider's size and ability;
(g)
rent a lame, sick or blind horse;
(h)
rent a horse unless the horse is a minimum of three (3) years of
age and the horse has one (1) year of schooling unless that
person is the owner of that horse and provided that horses
rented between three (3) years of age and six (6) years of age
shall have proof of an annual dental inspection by an equine
dentist or veterinarian;
(i)
permit any person with less than fifty-two (52) hours riding
experience to mount or dismount a horse for the purpose of trail
riding unless that horse is held at the bridle by an employee or
volunteer of the person carrying on the business and who is
supervised by a head trail guide;
(j)
rent to a person to ride a horse where that person is taking,
consuming, possessing or is, or appears to be, intoxicated by
alcohol or a drug on any premises used for the carrying on of the
business of a horse riding establishment where trail riding is
provided.
Page 30 of 62 of By-law #2002-0169 (LI-3)
(2)
No person licenced as a horse-riding establishment where instructional
riding is provided shall;
(a)
instruct a person under the age of eighteen (18) years to ride a
horse unless that person is wearing a designated riding helmet
which is properly fitted and fastened securely upon the rider's
head by an attached harness, at all times while that person is
mounted on a horse;
(b)
notwithstanding section 3(2)(a), for the purpose of dressage or
precision riding performed as part of a special event where
ceremonial dress is worn by all riders, the requirements under
Section 3(2)(a) will not apply;
(c)
rent a horse to a person unless that person is wearing properly
fitting, hard and smooth soled footwear with a defined heel or
proper riding footwear with a defined heel;
(d)
permit more than one person to ride a horse at the same time
except for special needs instructions for disabled riders;
(e)
rent a horse unless that horse is known to be safe, sound and
schooled for the purposes intended and appropriately suited to
the rider's size and ability;
(f)
rent a lame, sick or blind horse;
(g)
instruct a person to ride a horse unless the horse is a minimum
of three (3) years of age and the horse has one (1) year of
schooling unless that person is the owner of that horse and
provided that horses rented between three (3) years of age and
six (6) years of age shall have proof of an annual dental
inspection by an equine dentist or veterinarian;
(h)
permit any person with less than fifty-two (52) hours riding
experience to mount or dismount a horse for the purpose of
instructional riding unless that horse is held at the bridle by an
employee or volunteer of the person carrying on the business
and who is supervised by an instructor;
(i)
rent to a person to ride a horse where that person is taking,
consuming, possessing or is, or appears to be, intoxicated by
alcohol or a drug on any premises used for the carrying on of the
business of a horse riding establishment where instructional
riding is provided.
4.
FOOTWEAR - EXCEPTION
Sections 3(1)(b) and 3(2)(c) of this schedule shall not apply where a rider has
been provided with proper functioning and appropriately sized hooded stirrups,
safety stirrups which are designed to prevent a rider's foot from passing
through or becoming wedged in the stirrup or stirrups which are designed to
break-away when a rider falls from the horse.
5.
INSTRUCTORS - MINIMUM QUALIFICATIONS
No person shall instruct persons in the riding of horses at a horse-riding
establishment where instructional riding is provided unless:
Page 31 of 62 of By-law #2002-0169 (LI-3)
(1)
they have attained the age of eighteen (18) years and they have at least
five (5) consecutive year's experience in riding or training horses during
the immediately preceding seven (7) years; or
(2)
they have attained the age of eighteen (18) years and have been
certified by the Canadian Equestrian Federation, Ontario Equestrian
Federation, Canadian Therapeutic Riding Association, Certified
Horseman's Association or British Horse Society or other credited
Equine Association or Institution or been a member of the Canadian
Equestrian Team.
6.
ASSISTANT INSTRUCTORS - MINIMUM QUALIFICATIONS
Notwithstanding the provisions of Section 5 of this schedule, a person shall be
permitted to assist in the instruction of persons in the riding of horses at a
horse riding establishment were instructional riding is provided where:
(1)
they have attained the age of sixteen (16) years; and
(2)
they have at least three (3) consecutive year's experience with horses
in the immediately preceding five (5) years; and
(3)
they are under the supervision of an instructor who meets the
qualifications as provided for in Section 5 of this schedule.
7.
HEAD TRAIL GUIDE - MINIMUM QUALIFICATIONS
No person shall conduct or lead a trail ride at a horse riding establishment
where trail riding is provided unless they have attained the age of eighteen
(18) years and they have at least three (3) consecutive year's experience
assisting or leading trail rides in the immediately preceding five (5) years. All
head trail guides employed by a horse-riding establishment where trail riding is
provided must hold a current certification in first aid and cardiopulmonary
resuscitation and shall maintain a fully stocked first aid kit on the premises.
8.
ASSISTANT TRAIL GUIDE - MINIMUM QUALIFICATIONS
No person shall assist the head trail guide on a trail ride at a horse riding
establishment where trail riding is provided unless they have attained the age
of sixteen (16) years and they have at least three (3) consecutive year's
experience riding or working with horses at a horse- riding establishment
where trail riding is provided in the immediately preceding five (5) years. All
assistant trail guides employed by a horse-riding establishment where trail
riding is provided must hold a current certification in first aid and
cardiopulmonary resuscitation.
9.
PROHIBITION FROM CONSUMING ALCOHOL OR DRUGS
No persons in the performance of their duties at a horse riding establishment
shall take, consume, possess or be intoxicated by alcohol or a drug.
10.
MINIMUM AGE FOR HORSE-RIDING ESTABLISHMENTS WHERE
TRAIL RIDING IS PROVIDED
No person shall carry on the business of a horse-riding establishment where
trail riding is provided and rent to a person under the age of ten (10) years a
horse for the purpose of trail riding.
Page 32 of 62 of By-law #2002-0169 (LI-3)
11.
LEAD LINE RIDING - FOR HORSE-RIDING ESTABLISHMENT
WHERE TRAIL RIDING IS PROVED
Notwithstanding the provisions of Section 10 of this schedule:
(1)
a person who carries on the business of a horse riding establishment
where trail riding is provided may rent to a person who has attained the
age of at least six (6) years to lead line ride a horse where the horse is
led by a person deemed capable by the licensee.
(2)
Where the person is under the age of six (6) years, the lead line rider
will be led by a person deemed capable by the licensee and
accompanied by another person.
12.
CONDITION OF GROUNDS
No person shall carry on the business of a horse-riding establishment on
premises without keeping that portion of the said premises ordinarily used for
the riding of horses clear of all ground and over-hanging obstructions. Where
said obstructions cannot be cleared, the person carrying on the business of a
horse riding establishment shall barrier these obstructions such that horses
and riders will not come into contact with them.
13.
CONDITION/FIT OF TACK
Prior to beginning instruction or conducting or leading a trial ride, the
instructor, head trail guide or an assistant instructor assigned to that instruction
or ride as the case may be, shall examine the condition and fit of all equipment
to be used by each rider to ensure that it is clean, supple, well-fitting, secure
and fully functional.
14.
INITIAL INFORMATION FOR TRAIL RIDING
Prior to conducting or leading a trail ride, the head trail guide or an assistant
trail guide assigned to the ride as the case may be, shall provide basic
information on the handling of a horse and the basics of riding a horse.
15.
SIGNS
(1)
The Licensee of a horse-riding establishment where trail riding is
provided shall erect on the premises in a location clearly visible to all
patrons a sign, to be created and erected at the expense of the
licensee, with lettering a minimum of one half (½) inch in height in the
form prescribed in Appendix 'A' to this schedule.
(2)
The licensee of a horse riding establishment where instructional riding
is provided shall erect on the premises in a location clearly visible to all
patrons a sign, to be created and erected at the expense of the
licensee, with lettering a minimum of one half (½) inch in height in the
form prescribed in Appendix 'B' to this schedule.
16.
FIRST AID CERTIFICATION
(1)
The Licensee of a horse-riding establishment shall:
(a)
ensure all head trail guides and assistant trail guides employed
have a current certification in first aid and cardiopulmonary
resuscitation; and
(b)
maintain a fully stocked first-aid kit on the premises.
Page 33 of 62 of By-law #2002-0169 (LI-3)
(2)
The Licensee of a horse-riding establishment where instructional riding
is provided shall:
(a)
ensures a qualified first aid provider, with current certification in
first aid and cardiopulmonary resuscitation, is available whenever
lessons are being conducted; and
(b)
maintain a fully stocked first-aid kit on the premises.
Page 34 of 62 of By-law #2002-0169 (LI-3)
APPENDIX 'A' TO SCHEDULE 8
SIGN TO BE POSTED ON LICENCED PREMISES
OF A HORSE RIDING ESTABLISHMENT WHERE TRAIL RIDING IS
PROVIDED
The following regulations are imposed by the Town of Georgina Licensing By-
law as amended, which governs the operation of this business.
Patrons are advised that even with this safety equipment, horse riding contains
inherent risks, which may result in serious injury or death.
!
Maximum six (6) riders per leader;
!
Minimum age for trail riding is ten (10) years;
!
Lead line riding is permitted for children under the age of ten (10);
!
Helmets to be worn by all persons under the age of eighteen (18) and
strongly recommended for persons eighteen (18) years and over;
!
Hard and smooth soled shoes with a defined heel must be worn by all
riders unless using hooded, safety or break-away stirrups;
!
Inexperienced riders are asked to identify themselves to a trail guide;
!
Patrons must disclose to a trail guide, any medical problem or condition,
which may cause risk during the trail ride.
Page 35 of 62 of By-law #2002-0169 (LI-3)
APPENDIX 'B' TO SCHEDULE 8
SIGN TO BE POSTED ON LICENCED PREMISES OF A HORSE RIDING
ESTABLISHMENT WHERE INSTRUCTIONAL RIDING IS PROVIDED
The following regulations are imposed by the Town of Georgina Licensing By-
law as amended, which governs the operation of this business.
Patrons are advised that even with this safety equipment, horse riding contains
inherent risks, which may result in serious injury or death.
!
Helmets to be worn by all persons under age eighteen (18) and strongly
recommended for persons eighteen (18) and over;
!
Hard and smooth soled shoes with a defined heel must be worn by all
riders unless using hooded, safety or break-away stirrups;
!
Patrons must disclose to an instructor any medical problem or condition
which may cause risk during instructions.
Page 36 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 9 TO BY-LAW #2002-0169 (LI-3)
Relating to Owners or Operators of Places of Amusement
1.
DEFINITIONS
For the purposes of this Schedule:
Amusement Device shall include but is not limited to arcade, pinball or video
machines or other like apparatus;
Amusement Machine means any mechanical, electronic or computerized
machine or device, or any combination thereof, intended for use as a game,
entertainment or amusement which is offered for use to the public by any
person for profit or gain and shall include a pinball machine, television game,
shooting gallery, vending machine, billiard or pool tables, video game, or other
similar devices but shall not include games of chance as defined by the
Criminal Code, or any machine used only for playing recorded music;
Place of Amusement means any building or part thereof containing three (3)
or more amusement machines, which are operated for gain and made
available for the entertainment or amusement of the general public. This
definition shall not include premises, which are licensed under the Liquor
Licence Act, establishments which sell amusement machines, provided that
such machines are not made available on the premises for use by the general
public, and premises with amusements that are contrary to the Criminal Code
of Canada.
2.
LICENCE REQUIREMENTS
(1)
Every applicant shall file with the Licence Issuer:
(a)
a policy or a certificate of insurance against occupier's liability
and endorsed to the effect that the Licence Issuer shall be given
at least five (5) days' notice in writing of any cancellation,
expiration or variation in the amount of the policy, and insuring in
at least the following amounts:
In the case of bodily injury or death, to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against all claims
for personal injury, including injury resulting in death, and
property damage, with an inclusive limit of not less than
$1,000,000.00.
(2)
Every person issued a licence pursuant to this Schedule shall:
(a)
be responsible for supervising, overseeing and maintaining
orderly conduct within the building or part thereof which contains
the amusement devices;
(b)
not permit on the licensed premises any more amusement
devices than the number for which the licence was issued;
(c)
not permit any person to loiter, create a disturbance or cause
undue noise while on the licensed premises;
(d)
keep the licensed premises in a clean, neat and sanitary
condition, free from fire hazards or any other hazards;
Page 37 of 62 of By-law #2002-0169 (LI-3)
(e)
provide for use by the public washroom facilities in accordance
with the requirements of the Ontario Building Code, as amended
and the requirements of the Public Health Department;
(f)
ensure no person required under the provisions of the Education
Act to be in attendance at school, enters the place of amusement
during the hours of 9:00 a.m. to 4:00 p.m. every school day;
(g)
post a sign on the door of the licensed premises visible from the
outside stating "No students permitted between the hours of 9:00
a.m. and 4:00 p.m. on school days";
(h)
not allow any person who is a student to remain on the licensed
premises as set out in section 2(2)(g).
Page 38 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 11 TO BY-LAW #2002-0169 (LI-3)
Relating to owners/operators of salvage shops/yards, places for the
purchase or sale/exchange of second hand goods, pawnshops, second
hand good dealer
1.
DEFINITIONS
For the purpose of this Schedule:
Pawnbroker/Pawnshop Operator means a person who carries on the
business of taking by way of pawn or pledge or any article for the repayment of
money lent thereon and includes a person who offers a buy-back service in
relation to such articles;
Pawnshop means the premise, store or shop of a Pawnbroker/Pawnshop
Operator;
Salvage Yard includes an automobile wrecking yard and a recycling yard or
premise;
Second Hand Goods Dealer 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 includes any person who travels
from place to place to sell second hand goods;
Second-Hand Goods includes household materials, bottles, bicycles,
automobile tires, old metal and other scrap material and salvage that is sold
for retail, but does not include goods that are recycled or intended to be
recycled as part of a recycling program.
2.
LICENCE REQUIREMENTS
(1)
Every applicant shall file with the Licence Issuer a plan of the lot where
such business is to be conducted which outlines all buildings and
structures;
(2)
No person licensed pursuant to this Schedule shall deal in any class of
second-hand goods not covered by his licence.
(3)
Every person to whom this Schedule relates shall keep every store,
shop, yard, garage or other place, clean, in a neat condition and in good
repair.
(4)
No goods or merchandise shall be displayed on the outside of any such
store or shop, and all goods shall be exhibited in an orderly manner.
(5)
Every person requiring a licence under the provisions of this Schedule
shall obtain a separate licence in respect of each and every shop, store
or other place used for the transaction of business or for taking in or
storing of second-hand goods.
(6)
No person to whom this Schedule relates shall purchase, take in
exchange, or receive any goods, article or thing from any person who is
under the age of eighteen (18) years, or from any person under the
influence of alcohol.
3.
HOURS OF OPERATION
Page 39 of 62 of By-law #2002-0169 (LI-3)
(1)
No person to whom this Schedule relates shall assemble, wreck or
salvage any item between 10:00 p.m. and 7:00 a.m.
(2)
No person to whom this Schedule relates shall assemble, wreck or
salvage any item on a Sunday or on a Statutory Holiday.
(3)
No person to whom this Schedule relates shall transact any business
between the hours of 10:00 p.m. and 7:00 a.m.
(4)
Notwithstanding any other provision of this Schedule, no person having
a licence shall, between the hours of sunset on any day and the hour of
sunrise on the next following day, pass from house to house or along
any private street or lane or public highway in the Town of Georgina for
the purpose of collecting, purchasing or obtaining second-hand goods.
4.
REGISTER REQUIREMENTS
(1)
The licensee shall maintain a Register in which the following shall be
entered:
(a)
a record of all goods received or taken in exchange or otherwise
obtained, either at the licensee's place of business or elsewhere;
(b)
all entries must be made at the time the goods are received or
immediately thereafter, and shall include the date and the hour at
which the goods are received;
(c)
a full description of the article or articles including the serial and
model number, if any;
(d)
the manufacturer's name, if any;
(e)
the name, address, full particulars of identification and
description of the person from whom the goods are received;
(f)
if goods are purchased, the price paid;
(g)
in the case of goods delivered or conveyed by motor vehicle
licensed by any Province of Canada or any State of the United
States of America, the provincial or state licence number of the
motor vehicle delivering or conveying the goods;
(h)
goods of every description redeemed on pawn tickets purchased
or taken in exchange by licensed dealers shall be treated as
purchased and shall be so entered;
(i)
for bicycles, the name of the maker and the manufacturer's
number thereof shall, in every case, be recorded, if known or
ascertainable.
(2)
The Register shall be open to inspection by the Licence Issuer or
Licence Inspector at all times during business hours, and may be
removed at any time for inspection, or for use in the courts if necessary.
The person licensed shall not be held liable for neglecting to enter
goods received while the Register is so absent from his premises.
5.
STOLEN GOODS OR ARTICLES
Page 40 of 62 of By-law #2002-0169 (LI-3)
Every person to whom this Schedule relates or any person acting as a servant
or agent of any such person, when offered goods or articles of any kind, which
he has cause to suspect have been stolen or otherwise unlawfully obtained
shall report the facts including the removal or defacement or apparent
tampering with the serial numbers or model numbers, if any, on such goods or
articles to the local police.
6. EXEMPTION GRANTED BY COUNCIL
(1) Notwithstanding the provisions contained in this by-law, a person may
make application to council by way of a written request to the Town
Clerk for exemption from one or more of the requirements herein,
Council, by resolution, may refuse to grant the exemption or may grant
the exemption, with or without modifications, specifying the time period
not to exceed one (1) year.
(2) When considering the request for exemption, Council shall give the
applicant and any person opposed to the application an opportunity to
be heard.
(3) Any breach by the applicant of any of the terms, conditions or
modifications granted by Council shall render the exemption null and
void.
7. MANDATORY RETENTION PERIOD
(1) No Pawnbroker or Second Hand Goods Dealer shall sell, exchange,
alter, melt or otherwise dispose of any Second Hand Goods within thirty
(30) days, exclusive of Sundays or Holidays, or earlier from the date of
obtaining possession.
(2) Thirty (30) days after providing a transaction record relating to such
Second Hand Goods as required by this By-law and, during this period,
such goods shall be kept in the premise used by the Pawnbroker or
Second Hand Goods Dealer for the sale of Second Hand Goods and
shall be separate from and not mixed with other Second Hand Goods in
the same premises.
(3) No Salvage Yard shall sell, exchange, alter, melt or otherwise dispose
of any item that has or ought to have a serial number, VIN number or
RIN number, any precious metal including but not limited to copper,
gold and silver or any electronics newer than 5 years old unless they
are visibly and obviously damaged beyond repair within twenty-one (21)
days, exclusive of Sundays or Holidays, or earlier from the date of
obtaining possession.
(4) Notwithstanding the provisions of subsection (3) thereof:
(a) Scrap metal or recyclable materials purchased or taken in
exchange may be altered or disposed of after the expiration of
five (5) days, exclusive of Sundays and Holidays; and
(5) Any police officer investigating any transaction, on completing their
investigation, may authorize the release of such products or materials
for alteration or disposal prior to the expiration of the mandatory
retention period.
(6) Exemption - Salvage Yards Only
Page 41 of 62 of By-law #2002-0169 (LI-3)
(a) Any transaction business to business is exempt from the twenty-
one (21) day hold period as long as the Salvage Yard
owner/operator is reasonably satisfied the business he/she is
purchasing from is in fact a bonefide and legitimate business.
Page 42 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 12 TO BY-LAW #2002-0169 (LI-3)
Relating to special sales and persons conducting special sales
1.
DEFINITIONS
For the purposes of this Schedule:
Special Sale means any sale or intended sale at retail described by the use of
any of the following words or expressions, or any enlargement, contraction or
combination thereof:
Bankrupt
moving out
fire
Insolvent
selling out
smoke
Trustee
lease expiring
water damage
Receiver
closing out
creditor
Liquidation
discontinuing
forced
or any other similar word or words that represent, hold out or advertise that
any goods, wares or merchandise are to be disposed of in a manner that is not
in the ordinary course of retail business, but excludes a sale by or under the
authority of:
(a)
a receiver or trustee under the Bankruptcy Act (Canada) or a
liquidator under the Winding-Up Act (Canada);
(b)
a court or receiver appointed by the court;
(c)
a bailiff, sheriff, executor or administrator; or
(d)
a receiver, liquidator or trustee under any general or special Act.
2.
PROCEDURES AND GENERAL PROVISIONS
(1)
No person shall sell, offer to sell or advertise for sale in any way, any
goods, wares or merchandise by way of special sale unless such
person is the holder of a licence issued under this Schedule for such
purpose.
(2)
Any person who has not carried on business in the Corporation of the
Town of Georgina for a period of at least two (2) months prior to the
date of the proposed special sale shall not be granted a licence, except
where the applicant is the executor or administrator of the estate of a
person who had been carrying on a business in the Corporation of the
Town of Georgina immediately prior to his death and where the goods
to be offered for sale form part of the estate being administered by the
applicant.
(3)
The applicant shall produce such books, records or other documents or
information as the Licence Issuer shall consider necessary to
corroborate any of the statements contained in the application, both
before and after the licence is issued.
(4)
Notwithstanding anything herein contained, the Licence Issuer may
refuse to issue a licence or may suspend at any time, any licence
already issued under this by-law if:
(a)
any of the information or particulars set forth in the application or
statutory declaration of the applicant or the owner is false;
Page 43 of 62 of By-law #2002-0169 (LI-3)
(b)
any attempt is made to add to or replenish the goods described
in the application or to substitute other goods, wares or
merchandise therefore;
(c)
the sale is advertised or conducted in any manner other than that
described in the application or in any manner contrary to the
provisions of this by-law;
(d)
the applicant refuses to produce any books, documents, records
or other information requested by the inspector, or refuses to
permit the Licence Issuer or the Licence Inspector on the
premises in accordance with the provisions of this by-law.
(5)
Every licence issued under this Schedule shall expire thirty (30) days
after the date of issue, provided that a licensee shall be entitled to apply
for and receive once only, a licence for an additional thirty (30) day
period to permit the further sale of any remaining goods, wares or
merchandise described in the original application.
(6)
A licence for an additional thirty (30) day period may be granted upon
submission by the original licensee to the Licence Issuer of a detailed
list of such goods, wares or merchandise remaining, verified by
declaration and the fee for such licence shall be fifty percent (50%) of
the fee which would have been payable with respect to such goods,
wares or merchandise on an original application for licence.
(7)
All advertising material distributed or published with respect to a special
sale, including each radio or television broadcast, shall contain a
statement that such sale is held under the authority of this by-law and
shall state the number and expiry date of the licence issued hereunder.
Page 44 of 62 of By-law #2002-0169 (LI-3)
SCHEDULE 13 TO BY-LAW #2002-0169 (LI-3)
Relating to brokers, owners and drivers of taxicabs and limousines
1.
DEFINITION
For the purpose of this Schedule:
Broker means any person who carries on the business of accepting calls in
any manner and of dispatching taxicabs or limousines in any manner;
Broker's Licence means the licence issued to a broker pursuant to this
schedule;
Commercial Passenger Vehicle means a motor vehicle used in the
transportation, for hire or reward, of goods and passengers;
Dispatch means the communication of an order or information in any manner
between a broker and a driver;
Driver means any person licensed to drive a vehicle pursuant to this by-law;
Driver's Licence means the licence issued to a driver pursuant to this by-law;
Drugs
Dues means any amount charged by a broker to a plate owner or to the
lessee to receive orders from the broker;
Fare means the amount displayed on the taxicab meter at the conclusion of a
trip, or the flat rate allowed pursuant to this schedule for the trip, together with
any additional charges allowed pursuant to this schedule;
Lease means an agreement between a plate owner and another under which
the plate owner provides his owner's plate to be used by that other person for
a defined period of time to operate a vehicle as a taxicab or limousine;
Lessee means a person who has entered into an agreement with a plate
owner for the lease of the owner's plate to be used to operate a vehicle as a
taxicab or limousine;
Limousine means a luxury class motor vehicle which may either have been
specifically constructed as a luxury class limousine or has been altered from
the original manufacturers specifications and is not equipped with a taxicab
meter, used for hire for the conveyance of passengers within the Town of
Georgina or to any point outside the municipality, but shall not include a
taxicab, bus, ambulance, funeral hearse, station wagon, panel truck, van or
motor vehicle used for funeral processions or a rental motor vehicle without a
Driver;
Meter means a measuring device used in a taxicab to calculate the fare
payable for the trip;
Motor Vehicle includes an automobile or any other vehicle propelled or driven
otherwise than by muscular power, but does not include the cars of electric or
steam railways or other motor vehicles running only upon rails, or motorized
snow vehicles, traction engines, farm tractors, self propelled implements of
husbandry or road building machines within the meaning of the Highway
Traffic Act; R.S.O. 1990, as amended;
Passenger means any person in a vehicle other than the driver;
Page 45 of 62 of By-law #2002-0169 (LI-3)
Plate means a numbered plate or any other form of identification device
issued to a person licensed pursuant to this schedule;
Plate Owner means a person who owns a plate pursuant to this schedule,
either through issue, renewal, lease or transfer;
Plate Owner's Licence means the licence issued to a plate owner pursuant to
this schedule;
Priority List means a list of applicants for a taxicab plate, which is maintained
by the licensing section, recording in chronological order by date of
application;
Tariff Card is a card, issued by the Town of Georgina showing the rates for
taxicab services as approved by Council;
Taxicab means a motor vehicle as defined in the Highway Traffic Act, other
than a car pool vehicle, having a seating capacity of not less than four (4)
persons or 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 and
excludes a limousine as herein defined;
Taxicab Stand means any area designated to be used by a taxicab while
waiting for or picking up passengers;
Tire includes the rubber and rim;
Transfer means an arrangement between a plate owner and another,
whereby the plate owner permanently assigns all interest in the plate to the
other;
Trip means the distance and time traveled or the distance and time to be
traveled, measured from the time and point at which the passenger first enters
the taxicab to the point at which the passenger finally leaves the taxicab;
Trip Record means a daily written record of the details of each trip;
Vehicle includes a motor vehicle, trailer, traction, engine, farm tractor, 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;
Vehicle Owner means a person who is registered with the Registrar of Motor
Vehicles for the Province of Ontario as the owner of a motor vehicle.
2.
DRIVER'S LICENCE REQUIREMENTS
(1)
No person may be licensed as a driver unless he is either a Canadian
citizen, a permanent resident, or has a valid employment authorization
issued by the Government of Canada to work as a driver, and has a
working knowledge of English.
(2)
No person shall be licensed as a driver unless he holds a current, valid
driver's licence issued under the Highway Traffic Act, R.S.O. 1990, as
amended.
(3)
No corporation may be licensed as a driver.
Page 46 of 62 of By-law #2002-0169 (LI-3)
(4)
Every applicant in respect of a driver's licence shall file with the Licence
Issuer:
(a)
a current Ontario Class G Driver=s Licence in good standing;
(b)
two (2) prints of a passport size photograph of applicant;
(c)
an original Vulnerable Sector Screening furnished by York
Regional Police and dated within thirty (30) days preceding the
date of application;
(d)
an original Driver Record Search issued by the Ministry of
Transportation (Ontario);
(e)
a letter of promise of employment from the plate owner, broker or
lessee for whom he proposes to drive;
(f)
if requested, a certificate from a doctor stating that the driver is
fit and able to operate a motor vehicle.
(5)
Every applicant in respect of a driver's licence shall successfully
complete a test, scoring a minimum of 70%, allowing a minimum of
(two) 2 days between test dates, which test shall be set by the Licence
Issuer and shall deal with the requirements of the by-law and the
geography of the Town such as the location of medical centers, etc.
Anybody found attempting to cheat on his or her test will not be allowed
to rewrite the test for a period of two (2) years. A temporary sixty (60)
day driver's licence will be issued, one time only, to anyone that
achieves a minimum of 70% on the by-law questions of the test but fails
to achieve the required minimum of 70% on the geographic portion of
the test. No extension to the temporary sixty (60) day licence will be
granted under any circumstances.
(6)
Every applicant in respect of a driver=s licence renewal shall file with
the Licence Issuer:
(a)
a current Ontario Class G Driver=s Licence in good standing;
(b)
two (2) prints of a passport size photograph of applicant;
(c)
a Canadian Police Clearance Certificate furnished by York
Regional Police and dated within thirty (30) days preceding the
date of application;
(d)
a Driver Record Search issued by the Ministry of Transportation
(Ontario);
(e)
if requested, a certificate from a doctor stating that the driver is fit
and able to operate a motor vehicle;
(f)
a letter of promise of employment from the plate owner, broker or
lessee for whom he proposes to drive.
3.
PLATE OWNER'S LICENCE REQUIREMENTS
(1)
Every applicant shall file with the Licence Issuer:
(a)
a current valid driver's licence issued pursuant to this schedule,
or in the case of a Corporate applicant a current valid driver=s
licence issued pursuant to this schedule for the shareholder
which controls fifty-one percent (51%) of the voting rights;
Page 47 of 62 of By-law #2002-0169 (LI-3)
(b)
a current passenger motor vehicle permit, which is in good
standing, issued in the name of the applicant by the Ministry of
Transportation (Ontario), for the vehicle of which he is the owner;
(c)
for each vehicle, a policy or certificate of insurance endorsed to
the effect that the Licence Issuer will be given at least five (5)
days notice in writing of any cancellation, expiry or variation in
the amount of the policy, insuring to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against loss or
damage resulting in bodily injury to or death of any one person
including property damage;
(d)
a current valid Safety Standards Certificate in accordance with
the provisions of the Highway Traffic Act, R.S.O. 1990, c.H. 8,
as amended.
(2)
Every applicant for a plate owner=s licence shall submit for inspection
and approval by a Licence Inspector the vehicle for which the plate will
be issued or transferred as the case may be.
(3)
A plate owner's licence will not be issued for a vehicle unless the
model year of the vehicle is not older than eight (8) years as indicated
on the vehicle ownership.
(4)
A plate owner may on written request to the licensing section, and on
payment of the prescribed fee, obtain an extension of up to two (2)
years on the model year as set out in this schedule subject to semi-
annual inspections and the submission on a semi-annual basis of a
current valid Safety Standards Certificate.
(5)
Every plate owner shall:
(a)
employ or use only the services of drivers licensed under this
schedule;
(b)
give to each of his drivers at the expiry of the driver's work shift,
a receipt for the total of all the fares collected and given to him by
the driver;
(c)
repair immediately any mechanical defect in his vehicle reported
to him by a driver.
4.
CORPORATE APPLICANTS AND LICENSEES
No corporation may hold a broker's licence or plate owner's licence unless a
licensed driver controls at least fifty-one percent (51%) of the voting rights
attached to the shares of such corporation.
5.
NUMBER OF PLATES
The number of taxicab plates issued shall be based on the ratio of 1 plate for
every 2,000 (two thousand) residents using the December 31st population
statistics from the previous year as provided by the York Regional Planning
Department.
6.
TRANSFER
Page 48 of 62 of By-law #2002-0169 (LI-3)
(1)
No plate shall be transferred except with the written consent of the
Licence Issuer.
(2)
Every plate owner who transfers his plate shall:
(a)
complete and file a declaration, in the form provided by the
licensing section;
(b)
provide to the licensing section, a fully executed copy of the
complete transfer agreement with respect to the plate being
transferred;
(c)
return to the licensing section, the owner's licence and plate,
which are being transferred.
(3)
No plate may be transferred to any person who does not meet all other
relevant requirements of this schedule.
7.
BROKER'S LICENCE REQUIREMENTS
(1)
Every applicant shall file with the Licence Issuer:
(a)
a list of all current shareholders, officers and directors, where the
broker is a corporation;
(b)
a list of all owners to whom the broker dispatches or with whom
the broker has entered into any arrangement for services. Such
list shall include every motor vehicle to whom the broker
dispatches and shall identify each vehicle plate number.
(2)
Every broker shall:
(a)
maintain a permanent business office within the Town;
(b)
require all plate owner's, lessee's and driver's who have entered
into arrangements with the broker for the provisions of brokerage
services to use a design of roof sign approved by the Licence
Inspector;
(c)
written notification within five (5) days of any additions to or
deletions from the list referred to in section 7(1)(b) of this
schedule;
(d)
carry on the brokerage business twenty-four (24) hours a day
during the term of his licence, unless otherwise directed by
Council;
(e)
not accept calls for, or in any way dispatch or direct calls to
taxicabs or limousine other than those whose owners are
licensed under this schedule, unless otherwise approved by
Council;
(f)
not accept calls for, or in any way dispatch or direct calls to
taxicabs or limousines where the activity would be an illegal or
an unlawful act;
(g)
serve customers in a "first come, first served" basis;
(h)
inform customers of the approximate time of day where delay is
anticipated before accepting the order;
Page 49 of 62 of By-law #2002-0169 (LI-3)
(i)
dispatch only to drivers licensed under this schedule.
(3)
No broker shall be compelled to accept an order from a person who has
not made payment for any previous trip.
8.
CANCELLATION OF A LICENCE
A licence issued to a plate owner, or a broker under this schedule may
be cancelled by Council at any time, if the plate owner, or broker fail to
actively operate the motor vehicle for which the licence has been issued
for a continuous period of ninety (90) days due to an accident requiring
a replacement vehicle or extensive repairs or carry on the brokerage
business for which the licence has been issued for a continuous period
of sixty (60) days, unless just cause for such failure can be shown to the
satisfaction of Council.
9.
TARIFF CARD AND PLATES FOR TAXICABS
(1)
The licensing section shall provide every taxicab plate owner or taxicab
lessee with a tariff card;
(2)
Lost, destroyed or defaced taxicab tariff cards or number plates, may be
replaced by the Licence Issuer upon the original tariff card or plate
being accounted for and, in the case of a plate, upon payment of the
cost of a replacement plate;
(3)
No person shall use a plate for which a replacement plate has been
issued.
10.
DRIVER'S DUTIES - GENERAL
(1)
Every driver shall:
(a)
each day before commencing the operation of a motor vehicle,
examine the motor vehicle for mechanical defects or interior or
exterior damage to the vehicle, and report forthwith any defects
found, to the owner of the vehicle or the broker;
(b)
each day upon completion of the operation of a motor vehicle,
return the vehicle to his employer and examine the motor vehicle
and report all defects in the motor vehicle and all accidents to the
owner of the vehicle or the broker;
(c)
maintain good grooming, and proper hygiene;
(d)
behave courteously;
(e)
provide passengers with a receipt on an authorized form,
showing the driver's name, licence number and an identifying
number for the motor vehicle, whenever requested or whenever
there is a dispute over the fare;
(f)
in an area approved by the Licence Issuer or Licence Inspector,
display, his driver=s photograph card and in a case of a taxicab,
a current tariff card;
Page 50 of 62 of By-law #2002-0169 (LI-3)
(g)
when a passenger enters a vehicle and gives the driver the
destination, the driver shall take the shortest possible route to the
destination desired, unless the passenger designates otherwise;
(2)
At all times when operating a Taxicab:
(a)
immediately engage the meter when a passenger first enters the
taxicab, which meter shall remain engaged throughout the trip;
(b)
when the trip is prearranged and the driver has notified the
passenger that the taxicab is available and the driver has waited
a reasonable time after notifying the passenger, the meter may
be engaged by the driver and shall remain engaged through the
trip until cancellation;
(c)
at the conclusion of a trip, the driver shall place the meter in a
"hold" position and bring the passenger's attention to the amount
of the fare registered on the meter in a non-recording position;
(d)
only charge the fare shown on the meter, together with any
additional charges authorized by Appendix >C=, and when the
meter has not been engaged there shall be no charge for the trip;
(e)
ensure the rates set out in Appendix >C= under this by-law shall
be computed from the time and place the passenger first enters
the taxicab to the time and place the passenger finally
discharges the taxicab.
(f)
when a dispute arises between a passenger and a driver about
the fare, the driver shall refer the dispute to the nearest police
officer for arbitration.
(3)
No driver licensed under this schedule shall:
(a)
carry in any vehicle licensed under this schedule, a greater
number of passengers than is set out in the manufacturer's rating
of seating capacity for such vehicle;
(b)
drive a vehicle with luggage or any object placed in, hung on, or
attached to the vehicle in such manner as will obstruct the
driver's view of the highway;
(c)
drive a vehicle that does not have an owner's plate affixed at a
location on the vehicle in an area approved by the Licence
Inspector;
(d)
take, consume or have in his possession any alcohol, drugs or
intoxicants while he is in charge of a vehicle for which he is
licensed as a driver under this schedule;
(e)
take on any additional passenger(s) except:
(i)
at the request of the passengers already in the vehicle; or
(ii)
when operating a motor vehicle which is being used
exclusively for the transportation of children to and from
school.
Page 51 of 62 of By-law #2002-0169 (LI-3)
(f)
while carrying passengers, smoke any cigar, cigarette, tobacco
or other substance while driving the vehicle.
11.
RE-PHOTOGRAPHING OF DRIVERS
If at any time the driver's photograph is not a reasonable likeness of the driver
because of physical changes, passage of time, or poor quality photography the
Licence Issuer may require the driver to have another photograph taken.
12.
RETURNING OF LOST PROPERTY
Every driver shall take due care of all property, delivered or entrusted to him
for conveyance, and immediately upon his termination of any hiring
engagement shall carefully search the vehicle for any property lost or left
therein; and, all property or money left in the vehicle shall be forthwith
delivered over to the person owning the property or money and if the owner of
the property or money cannot at once be found, the driver shall deliver the
property or money to the nearest police station with all the information in his
possession regarding the property or money, and immediately notify his
dispatcher of such property.
13.
TAXICAB DRIVER CONDUCT
Every driver shall:
(1)
if he wants to enter a taxicab stand with his taxicab, do so by taking his
position at the end of any line formed by taxicabs already in the stand;
(2)
if he is not the first taxi in line at the stand, he must refuse the fare and
direct the passenger to the first taxi in line;
(3)
while waiting in the taxicab at a taxicab stand or at any public place not
obstruct or interfere in any way with the normal use of the taxicab stand
or the public place or interfere with the surrounding traffic patterns;
(4)
not make any loud noise or disturbance while waiting in a taxicab at a
taxicab stand or in a public place;
(5)
while waiting at a taxicab stand or public place be sufficiently close to
his taxicab to have it under constant observation;
(6)
while waiting with a taxicab at a taxicab stand or public place, not wash
the taxicab;
(7)
while waiting with a taxicab at a taxicab stand or public place, not make
repairs to the taxicab unless such repairs are immediately necessary;
(8)
not push or bump any other taxicab at the taxicab stand;
(9)
when a vacancy occurs any driver waiting at the taxicab stand must fill
the vacancy by advancing his taxicab;
(10)
not pick up any passenger within two hundred (200) metres of a taxicab
stand when there are one or more taxicabs upon the stand, except,
where an arrangement has been previously made with the passenger to
pick him up at that location;
Page 52 of 62 of By-law #2002-0169 (LI-3)
(11)
serve the first person requiring the service of his taxicab, any place
within the Town, at any time provided such person is not disorderly or
does not refuse to give his destination;
(12)
punctually keep all of his appointments, and shall not make any
appointments if a previous engagement would prevent him from fulfilling
it; provided however, that he shall not be compelled to accept any order
from a person who owes him for a previous fare or service;
(13)
when using a taxicab for transportation of passengers not for gain or
reward:
(a)
remove the roof light from the taxicab;
(b)
put the meter in a non-recording mode.
14.
TRIP RECORD
(1)
Every driver shall keep a trip record and this trip record shall include the
following:
(a)
the Ontario Motor Vehicle Permit number of the motor vehicle
used;
(b)
the name, address and identification number of the driver;
(c)
the date, time and location of the beginning and end of each trip;
(d)
the amount of the fare collected for each trip;
(e)
in the case of a taxicab, the meter readings at the start and finish
of each work shift.
(2)
Every driver shall turn over a copy of all trip records pertaining to his
work shift and shall turn over all fares collected, less the amount of
commission or other payment as was previously agreed upon between
the driver and the owner, to the owner, broker or their designate;
(3)
A driver shall not obstruct traffic while writing up the trip record and
each trip shall be completely recorded prior to the commencement of
the next following trip;
(4)
Every plate owner and lessee shall retain for a period of at least 3
years, all trip records for all vehicles owned by him for which he has a
licence under this schedule.
15.
VEHICLE MARKINGS
Every plate owner, driver or lessee shall:
(1)
not display on any vehicle licensed under this schedule, any metal
vehicle number plate or permit issued by any other municipal licensing
authority;
(2)
not operate or permit to be operated as a taxicab or limousine any
vehicle without an owner's plate issued pursuant to this schedule
affixed thereto;
Page 53 of 62 of By-law #2002-0169 (LI-3)
(3)
not operate or permit to be operated as a taxicab or limousine any
vehicle, which is not in good mechanical condition;
(4)
not enter into a lease agreement with respect to the plate unless a copy
of such lease agreement is filed with the Licensing Section forthwith;
(5)
securely affix the owner's plate at a location on the vehicle in an area
approved by the Licence Issuer or Licence Inspector;
(6)
in the case of a taxicab, affix in a location approved by the Licence
Inspector or Licence Issuer, an indicator light and roof sign, which both
operate in conjunction with a meter;
(7)
ensure no roof sign is used on a taxicab or limousine unless approved
by the Licence Inspector or Licence Issuer;
(8)
ensure there is no display of any emblem, decal, advertisement or other
markings on or in the taxicab or limousine , which has not been
approved as to form, and location by the Licence Inspector or Licence
Issuer;
(9)
in the case of a taxicab, if affiliated with a broker, the broker's name
and/or phone number shall be on the roof sign; if not affiliated with a
broker the roof sign must indicate in a manner approved by the Licence
Inspector that the vehicle is a taxicab;
(10)
ensure the plate is securely affixed to the vehicle with rivets or at least
four (4) bolts, inserted through the plate into the body of the vehicle,
each bolt being held by a nut, and such plate shall be affixed in a
position approved by the Licence Inspector or Licence Issuer;
(11)
ensure the plate number is affixed to the front fender in a location and
manner approved by the Licence Inspector. The numbers shall be six
(6) inches in height, either black or white in color in contrast to the
vehicle colour, and of materials approved by the licensing section.
16.
VEHICLE MAINTENANCE
(1)
A plate owner, lessee or driver shall operate, or permit to be operated, a
vehicle only if the following requirements are met:
(a)
the vehicle is equipped with a spare tire and jack, which are
ready for use;
(b)
the vehicle meets the standards required for the issue of a Safety
Standards Certificate;
(c)
the vehicle is clean, in good repair as to its interior and exterior,
free from exterior body damage and with well maintained exterior
paint finish, trim and wheel covers;
(d)
if a taxicab, the meter is sealed;
(e)
the vehicle is equipped with hubcaps and fenders.
(2)
A plate owner, lessee or driver shall:
(a)
if a Licence Inspector believes a licensed vehicle may be
mechanically defective or unsafe, submit the vehicle for
inspection or examination by a qualified mechanic. The Licence
Page 54 of 62 of By-law #2002-0169 (LI-3)
Inspector may remove the plate and require the owner or driver
to submit his vehicle forthwith for examination by a mechanic;
(b)
where the Licence Inspector requires a vehicle to be examined
or inspected, not operate the vehicle as a taxicab until it has
passed such examination or inspection to the satisfaction of the
Licence Inspector;
(c)
the Licence Inspector may require any vehicle to be re-examined
by a mechanic of the Licence Inspector's choice;
(d)
where the Licence Issuer has suspended the use of a plate in
accordance with this schedule, not operate or permit to be
operated as a taxicab the vehicle for which the plate has been
suspended.
(3)
Every owner and every operator of a vehicle shall, whenever required to
do so by the Licence Issuer bring such vehicle to any person
designated by the Licence Issuer to inspect the same, at the place and
time indicated by such person.
(4)
No person shall operate or permit to be operated as a taxicab or
limousine any vehicle in respect of which the Licence Inspector has
required an examination or inspection be carried out, prior to such
examination or inspection being passed to the satisfaction of the
Licence Issuer.
(5)
No person shall fail to submit a vehicle for inspection or examination as
required pursuant to this schedule.
(6)
Where the Licence Inspector conducts his first inspection of any vehicle
and such vehicle does not pass such inspection and a subsequent re-
inspection by the Licence Inspector is required, the applicant shall pay
an additional re-inspection fee as indicated in Appendix "B" to this by-
law.
17.
METERS AND FARES
(1)
Every plate owner shall have affixed to each taxicab in respect of which
such owner is licensed, a meter that shall register distances traveled,
record trips and units, and compute fares to be paid;
(2)
Every plate owner, lessee or driver shall ensure each meter in a taxicab
is:
(a)
submitted for testing, inspection and sealing by the Licence
Inspector at such times as required by the Licensing Section and
when the Licence Inspector is not available to seal the taxicab
meter, the owner or driver who has had the meter altered,
repaired or replaced in the taxicab may operate the taxicab on
weekends for a period up to 72 hours and, for a period up to 48
hours during the week, provided that the driver has in his
possession a certificate or receipt for the repair or installation of
the meter signed by the person who made the repairs or
installation, and setting out the date, time and nature of the repair
or installation;
(b)
illuminated between sunset and sunrise;
Page 55 of 62 of By-law #2002-0169 (LI-3)
(c)
in a raised position in plain view of the passengers and approved
by the Licence Inspector;
(d)
adjusted in accordance with the rates prescribed by Tariff as
outlined in Appendix >C= attached;
(e)
tested by running the taxicab to which it is attached over a
measured track or distance before being sealed, or by such
mechanical means as the Licence Inspector may approve;
(f)
used only when the seal thereon is sealed and intact;
(g)
kept in good working condition at all times and not used when
defective in any way;
(h)
numbered, and, subject to the provisions of the schedule, shall
be of a make and model approved by the Licence Inspector;
(i)
equipped with a luminous yellow or illuminated metal plate or flag
attached to the top thereof; or a light on the top thereof clearly
visible from any direction outside the taxicab which plate, flag or
light shall be approved by the Licence Inspector or Licence
Issuer.
(3)
Notwithstanding the provisions of this schedule, every driver of a
taxicab may, if the destination of a trip extends beyond the boundaries
of the Town, agree before the trip with the passenger to a flat rate, but
where the driver so agrees the meter must be engaged while the
taxicab is within the Town of Georgina.
(4)
No plate owner, lessee or driver shall:
(a)
induce any person to engage his taxicab or limousine by any
misleading or deceiving statement or representation about the
location or distance to any destination;
(b)
publish or use any tariff other than the tariff which has been
authorized by this by-law;
(c)
recover or receive any fare or charge from any passenger or
persons who has demanded their services which is greater or
lesser than the fare or charge authorized by this by-law;
(d)
recover or receive any fare or charge from any person to whom
he has refused to show the Tariff card;
(e)
make any charge under this by-law for time lost through defects
or inefficiency of the vehicle or the incompetence of the driver;
(f)
make any charge for the time elapsed due to early arrival of the
vehicle in response to a call for a vehicle to arrive at a fixed time.
(g)
In the case of a taxicab, publish or provide any discounts that
would result in a reduced tariff fee from that provided on
Appendix "C" to this by-law.
18.
PLATE OWNER'S PLACEMENT ON THE PRIORITY LIST
(1)
Where a completed application along with the appropriate fee for a
plate owner's licence is received by the Licensing Section, which meets
all the requirements of this by-law, but where a licence cannot be
issued because of the limitation on the number of licences set out in this
By-law or any amending by-law, the applicant's name shall be placed
Page 56 of 62 of By-law #2002-0169 (LI-3)
on the priority list by the Licence Issuer for the issuing of owner's plate
provided the following requirements are met:
(a)
the applicant has been licensed as a driver for at least twelve
(12) months immediately preceding the date that the application
for the plate owner's licence is filed with the licensing section;
(b)
the applicant has been driving a taxicab in the Town of Georgina
for an average of at least thirty-five (35) hours a week for forty-
four (44) weeks of the twelve (12) month period immediately
preceding the date the application is filed with the licensing
section, and has filed supporting documentation to that effect to
the satisfaction of the Licence Issuer.
(c)
The applicants name shall only appear once on the priority list
save and except those names existing on the priority list on the
day of passing of this by-law.
(2)
Any person who transfers an owner's plate shall be ineligible for
placement on the priority list for a period of three (3) years following the
date of such transfer;
(3)
Any person, whose name is on the priority list, who transfers an owner's
plate, shall be removed from the priority list and shall be ineligible for
replacement on the priority list for a period of three (3) years following
the date of such transfer.
19.
STAYING ON THE PRIORITY LIST
(1)
Every person whose name has been placed on the priority list shall, on
or before December 31st in every year after his name has been so
placed, file with the Licence Issuer;
(a)
a statement in writing signed by every person by whom the
applicant was employed or to whom the applicant provided
service as a taxicab or limousine driver, indicating the period
during which he worked for or provided such services to each
such person;
(b)
a copy of the applicant's Income Tax Return for the preceding
year in the form in which it was submitted to the Federal
Government;
(c)
pay the appropriate fee.
(2)
When a name is placed on the priority list pursuant to this schedule, it
shall remain on the list so long as the applicant continues to meet the
applicable requirements and he files the required documentation.
(3)
Where an applicant whose name has been placed on the priority list, is
unable to continue to drive a taxicab or limousine on account of illness,
injury or other medical reasons, his name may nevertheless remain on
the list provided:
(a)
he files a doctor's certificate establishing that throughout the
period during which he did not drive a taxicab or limousine, he
was physically unable for medical reasons to drive; and
Page 57 of 62 of By-law #2002-0169 (LI-3)
(b)
such period of time does not exceed two (2) years.
(4)
The provision of subsections 3 only applies if the applicant gives written
notification to the Licence Issuer of his intention to rely on the
subsections.
20.
INSPECTION OF PRIORITY LIST
The priority list shall be available for inspection during business hours, at the
Clerk's Department.
21.
ISSUING OF A PLATE FROM PRIORITY LIST
Whenever a plate is to be issued, it shall be issued to the person whose name
appears first chronologically on the priority list and a maximum timeframe of
ninety (90) days shall be provided to have the vehicle on the road and licensed
in accordance with the by-law or alternatively the plate will be issued to the
person whose name appears second chronologically on the priority list and the
person whose name appears first chronologically shall be removed from the
list.
22.
HEARING
Where an applicant fails to continue to meet the requirements of this by-law,
the Licence Issuer shall remove the applicant's name from the priority list and
the applicant shall be notified in writing of such removal at his last known
address and the applicant may request a hearing before Council and the
provisions of this by-law respecting hearings shall apply.
23.
DESIGNATED AGENT, MANAGER
(1)
A plate owner may designate a person who is a driver, plate owner or
broker as his agent in respect of his plate;
(2)
A notice of designated agent shall include:
(a)
the full name of the plate owner;
(b)
the number of the licence and plate(s) for the taxicab or
limousine to which such designation relates;
(c)
the term for which the person designated therein is granted
authority by the owner in respect of the taxicab or limousine;
(d)
the terms of the agency agreement, including any consideration
paid therefore.
(3)
If the authority of an agent designated under this section terminates
before the end of the term set out in the notice, the plate owner shall
forthwith file a written notice thereof with the Licence Issuer and for the
purposes of this by-law, the obligations and requirements applicable to
such authorized agent shall cease upon the filing of such notice;
(4)
No person shall act as an agent for a plate owner in respect of a taxicab
or limousine except as permitted by this section;
(5)
The designation of an agent by a plate owner pursuant to this section
shall not be deemed to be a lease for the purposes of this by-law unless
Page 58 of 62 of By-law #2002-0169 (LI-3)
the agent operates the taxicab or limousine, in which case the
provisions of Section 24 shall apply;
(6)
The taxicab or limousine shall not be operated or permitted to operate
through a taxicab broker who is not licensed under this by-law.
24.
LEASE OF PLATE
(1)
Every plate owner who leases his plate shall file forthwith with the
Licence Issuer, a copy of the lease agreement by which the plate is
leased, and shall pay the fee set out in Appendix >B=;
(2)
Every plate owner who leases his plate is responsible for ensuring that
the Licence Issuer is informed of any change in the status of the lease;
(3)
Every plate owner who leases his plate shall ensure that the lease
agreement requires the lessee to comply with the provisions of this by-
law, and every lease agreement is deemed to contain a provision to this
effect;
(4)
Every lessee must meet all requirements of this by-law pertaining to
plate owners, and must provide the Licence Issuer with any documents
required by this by-law;
(5)
No plate owner or lessee shall enter into a lease agreement with
respect to the plate unless a copy of such lease agreement is filed with
the Licensing Section forthwith.
25.
DISPOSAL OF TAXICAB OR LIMOUSINE
(1)
Where the plate owner or lessee ceases to operate a vehicle as a
taxicab or limousine he shall immediately remove from such vehicle:
(a)
the roof light;
(b)
the meter;
(c)
all identifying decals or markings;
(d)
any other markings which would identify the vehicle as a taxicab
or limousine.
(2)
Where the plate owner or the lessee ceases to operate a vehicle as a
taxicab or limousine, he shall immediately notify the Licence Issuer.
26.
PLATE OWNER OR LESSEE TERMINATION WITH BROKER
Where a plate owner or lessee ceases to operate through a broker he shall
forthwith:
(1)
remove from his vehicle the broker roof light, telephone number, colour
scheme and any decals or other broker markings;
(2)
return all business cards and other equipment belonging to the broker.
Page 59 of 62 of By-law #2002-0169 (LI-3)
APPENDIX "A" TO BY-LAW #2002-0169 (LI-3)
INDEX
General Provisions
Page
Definitions ...................................................................................................... 1
Licences Required ......................................................................................... 2
Procedures & General Provision.................................................................... 3
Administration ................................................................................................ 5
Licence Issuer's Power to Refuse a Licence ................................................. 5
Issuing Licence on Terms & Condition .......................................................... 6
Notice of Non-Compliance by an Inspector ................................................... 7
General Prohibitions ...................................................................................... 8
Schedules
Relating to Adult Entertainment Facilities .................................................... 10
Relating to Adult Entertainment Parlours ..................................................... 13
Relating to Bed & Breakfast ......................................................................... 16
Relating to Owners, Operators and providers in Body Rub Parlours ........... 18
Relating to Exhibitions/Festivals .................................................................. 25
Relating to Hawkers/Pedlars ....................................................................... 29
Relating to Horse Riding Establishment ...................................................... 30
Relating to Places of Amusement ................................................................ 38
Relating to Salvage Yards ........................................................................... 44
Relating to Special Sales ............................................................................. 47
Relating to Taxicabs/Limousines ................................................................. 49
Driver=s Licence Requirements .................................................... 50
Plate Owner=s Licence Requirements .......................................... 51
Broker=s Licence Requirements ................................................... 53
Cancellation of a Licence .............................................................. 54
Tariff Card & Plates ....................................................................... 54
Drivers Conduct ............................................................................. 56
Drivers Duties ................................................................................ 54
Vehicle Markings ........................................................................... 57
Vehicle Maintenance ..................................................................... 58
Meter & Fares ................................................................................ 59
Plate Owner=s Placement on the Priority List ............................... 60
Lease of Plate................................................................................ 62
Page 60 of 62 of By-law #2002-0169 (LI-3)
APPENDIX "B" TO BY-LAW #2007-0019 (Ll-3)
LICENCE FEE SCHEDULE
Classification
Fees
Expiry Date
Adult Entertainment Facility
$200.00
Dec 31st every
year
Adult Entertainment Parlour
$2,000.00
Dec 31st every
year
Bed & Breakfast
$50.00
Dec 31st every
year
Body Rub Parlour
$2,000.00
Dec 31st every
year
Exhibitions/Festivals
$200.00
As stipulated
Hawker & Pedlar - Resident
$100.00
As stipulated
Hawker & Pedlar - Non-resident
$500.00
As stipulated
Horse Riding Establishments
$50.00
Dec 31st every
year
Place of Amusement
$100.00
Dec 31st every
year
Salvage Yards
$275.00
Dec 31st every
year
Special Sales
$100.00
Extension
$25.00
As stipulated
Taxi Licence
Classification
Fees
Expiry Date
Broker's Licence
$250.00
Renewals
$100.00
Dec 31st every
year
Plate Owner's Licence
$150.00
Renewals
$100.00
Dec 31st every
year
Plate Owner's First Transfer
Plate Owner's Subsequent Transfer
$75.00
$50.00
N/A
Driver's Licence
$25.00
As stipulated
Taxi Driver's Test - Initial Test
Taxi Driver's Test - Each Addition Sitting
$100.00
$5.00
N/A
Filing of Lease
$10.00
N/A
Extension of Vehicle Model Year
$25.00
Dec 31st every
year
Position on Priority List
$35.00
Dec 31st every
year
To Stay on Priority List
$5.00
Dec 31st every
year
Replacement of Driver Licence
$5.00
N/A
Replacement of Plate
$10.00
N/A
Replacement of Tariff Card
$3.00
N/A
Registration of New Vehicle
$50.00
N/A
Taxicab & Limousine Re-inspection
$50.00
N/A
Page 61 of 62 of By-law #2002-0169 (LI-3)
APPENDIX "C" TO BY-LAW #2002-0169 (Ll-3)
TAXICAB TARIFF
1. Meter Tariffs
(a) By distance:
For the first 135 metres or part thereof $3.00
For each additional 135 metres or part thereof $ .25
(b) Waiting time
For each hour thereof $25.00
Note: All fees include taxes where applicable
Page 62 of 62 of By-law #2002-0169 (LI-3)
APPENDIX 'E' TO BY-LAW #2002-0169 (LI-3)
BUSINESS
COMMENTS OBTAINED FROM
Adult Entertainment Facility
Georgina Fire Department
Zoning Department
By-Law Department
Building Department
Adult Entertainment Parlours
York Regional Police
Georgina Fire Department
York Regional Health Department
Zoning Department
By-Law Department
Building Department
Bed & Breakfast
Georgina Fire Department
York Regional Health Department
Zoning Department
By-Law Department
Building Department
Body Rub Parlour
York Regional Police
Fire Department
Regional Health Department
Zoning Department
By-law Department
Building Department
Festival
Georgina Fire Department
Fireworks
Georgina Fire Department
Zoning Department
Hawkers & Pedlars
Zoning Department
By-Law Department
Horse Riding Establishment
Zoning Department
Place of Amusement
York Regional Police
Georgina Fire Department
York Regional Health Department
Zoning Department
By-Law Department
Building Department
Salvage Yards
York Regional Police
Georgina Fire Department
Zoning Department
By-Law Department
Public Works Department
Taxi Brokerage
Zoning Department