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THE CORPORATION OF THE TOWN OF GRIMSBY
A BY-LAW TO LICENCE,. REGULATE AND GCVERN
HAWKERS AND PEDDLERS,
WHEREAS Paragraph 1 of Subsection (1) of Section 230 of The Municipal Act,
R.S.0. 1980, Chapter 302, as amended, provides for the licencing,
regulating and governing of hawkers and peddlers;
AND WHEREAS The Council of the Corporation of the Town of Grimsby deems
it advisable to pass a by~law under this section;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRIMSBY
ENACTS AS FOLLOWS:
1. In this by-law:
(a) "HAWKER AND PEDDLER" means any person who goes from place to
place or to a particular place with goods, wares or merchandise
for sale, or who carries and exposes samples, patterns or
specimens of any goods, wares or merchandise that are to be
delivered in the municipality afterwards.
(b) "MUNICIPALITY" means The Corporation of the Town of Grimsby.
(c) "RESIDENT" means any person who has resided continuously in
the municipality for at least one year immediately prior to
the date that he/she is issued a licence under this by-law.
2, With the exception of conditions set out in Section 3 of this by-law
every hawker and peddler as defined herein shall be required to
obtain a licence from the municipality and such licence shall be
valid until the 3ist day of December of the year in which it is
issued.
3. No such licence is required for hawking, peddling or selling goods,
wares or merchandise:
(a) to wholesale or retail dealers in similar goods, wares or
merchandise, or
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(b) 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 his agent or employee
having written authority so to do, in the municipality in
which the grower, producer or manufacturer resides, or
(c) 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 his own farm, or
(d) if the goods, wares or merchandise are hawked, peddied or sold
by a person who pays business tax in the municipality, or by
his employee, or by his agent, or
(e) 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 pays business tax in the municipality
in respect of premises used for the sale of such goods, wares _
or merchandise, or
(f) by persons who sell milk or cream or fluid milk products to
the consumer or to any person for resale.
In a prosecution for a breach of this by-law, the onus of proving
that he/she does not for any of the reasons mentioned in Section 3
require to be licenced is upon the person charged.
The licensee shall at all times while carrying on his business have
his licence with him and shall upon demand exhibit it to any
municipal or peace officer, and if he fails to do so is guilty of
an offence, unless the same is accounted for satisfactorily, and
on conviction is liable to a fine of not less than $1.00 and not
more than $5.00.
If a peace officer demands the production of a licence by any persons
to whom the by-law applies and the demand is not complied with, it
is the duty of the peace officer and he has power to arrest such
10.
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person without a warrant and to take such person before the nearest
justice of the peace, there to be dealt with according to law.
The respective licence fees for a licence issued under this by-law
are hereby established and set forth as foilows:
Resident - § 20.00
Non-Resident - $100.00
Every hawker and peddler who carries on business without a licence
is guilty of an offence and on conviction is liable to a penalty
of not less than $25.00 and not more than $500.00.
By-law No. 70-17 is hereby repealed,
This By-law shall become effective on the ist day of January, 1984.
READ A FIRST TIME THIS 19th day of December, 1983.
READ A SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th day of
December, 1983.
Math
MAYOR
fae ;
TOWN ADMINISTRATOR