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1
The Corporation of the City Of Guelph
By-Law Number (2009)-18855 (Office Consolidation)
Being a By-law respecting the licensing of Businesses operating within the City of
Guelph and to adopt Municipal Code Amendment 499 which shall replace Chapter
176 "Business Licences", in the Corporation of the City of Guelph's Municipal Code,
and to repeal Bylaws (2004)-17551, (2005)-17707, (2005)-17907, (2006)-18175,
(2007)-18254,(2007)-18433, (2008)-18638, and (2009)-18728, (2010)-19079,
(2011)-19275, (2012)-19462, (2013-19528), (2014)-19722, (2015)-19905,
(2015)-19940, (2016)-20030. [Amended by By-laws (2010)-18949; (2011)-
19144; (2011) 19262; (2012)-19396; (2012)-19515; (2013)-19613; (2013)-
19639; (2015)-19904; (2016)-20123; (2016)-20149; (2018)-20272; (2019)-
20376; (2019)-20415; (2020)-20525; (2022)-20670; (2022)-20733]
Whereas pursuant to Part II, Section 10(2) 11 of the Act, 2001, as amended, a
single tier municipality has the authority to pass by-laws respecting business
licensing;
And whereas pursuant to Part IV, of the Act a municipality may provide for a
system of Business Licences with respect to a business;
And whereas pursuant to Part II, Section 10(2) 6 of the Act, a municipality may
pass by-laws respecting the health, safety and well-being of persons;
And whereas, as set out in Section 224 of the Act, it is the role of Council to
represent the public and to consider the well-being and interests of the
municipality;
And whereas it is desirable to continue a system of Business Licences for the
purpose of the health, safety and well-being of people in the City of Guelph where
Council determines it to be in the municipal interest;
And whereas Part XIV of the Act provides for certain powers in relation to the
enforcement of municipal by-laws;
And whereas notice of a public meeting was placed in a local newspaper not less
than two weeks prior to the public meeting to consider these amendments pursuant
to the City's notice policy dated November 19, 2007;
Now therefore the Council of the Corporation of the City of Guelph enacts
as follows:
1. Definitions [Amended by By-Law (2011)-19144; (2012)-19396]
For the purpose of this By-law, the following terms shall have the meanings
indicated:
a)
Act - means the Municipal Act, S.O. 2001, c. 25, as amended from
time to time, or any successor thereof;
b)
Adult Entertainment Goods - means Goods that are designed to
appeal to erotic or sexual appetites or inclinations;
c)
Adult Entertainment Services - means Services that are designed to
appeal to erotic or sexual appetites or inclinations;
d)
Appeals Committee - means the Corporate Administration, Finance
and Enterprise Committee of the Council of the City;
e)
Applicant - means any Person or Person(s) whose names appear
on any Business Licence application filed with the City;
f)
Building - means any building as defined in the Building Code Act,
or any structure but does not include a vehicle;
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g)
Building Code Act - means the Ontario Building Code Act, 1992,
S.O. 1992, c. 23 and all regulations thereto, as amended from time
to time, or any successor thereof;
h)
Business -includes, without limitation, any trade, occupation or
business carried on or engaged in wholly or partly within the City of
Guelph, and any trade, occupation or business carried on or
engaged in by a charitable or non-profit organization;
i)
Business Licence - means current, valid, business licence issued by
the City pursuant to this By-law;
j)
By-Law - means this By-law and all schedules forming part of this
by- law, and includes any amendments thereto;
k)
Central Business District - means the geographic area of the City of
Guelph bounded by London Road, Gordon and Norfolk Streets and
the Speed River;
l)
Chief of Police - means the Chief of the Guelph Police Service or his
or her designate;
m)
City - mans The Corporation of the City of Guelph;
n)
Clerk - means the Clerk of the City or his or her designate;
o)
Council - means the Council of the City;
p)
Fire Chief - means the Chief of the Guelph Fire Department or his
or her designate;
q)
Fire Protection and Prevention Act - means the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4, and all regulations thereto,
as amended from time to time, or any successor thereof;
r)
Floor Plan - means a drawing to scale, in a form acceptable to the
Issuer of Licences, setting out the design of the Premises by
identifying all Principal Entrances, and other entrances, and all
rooms that are to be used for the Provision of Services and the
Provision of Goods, and all other rooms, spaces and areas of the
lands, buildings, structures or installations in which the owner has
an interest;
s)
Goods - includes books, magazines, pictures, slides, film,
phonograph records or discs, prerecorded magnetic tapes, video
discs and tapes, visual computer displays, reading, viewing or
listening matter, lotions, oils, ointments, clothing, jewelry, and
food;
t)
Goods designed to appeal to erotic or sexual appetites or
inclinations - include:
i.
any Goods in which or on which is displayed any depiction or
characterization of any female person's breasts or any person's
pubic, genital, perineal, perianal areas or buttocks; and
ii.
any Goods in which or on which is displayed any depiction or
characterization of sexual intercourse, masturbation, ejaculation,
oral sex or any other direct physical stimulation of any Nude or
Partially Nude genital organ;
u)
Health Protection and Promotion Act - means the Health Protection
and Promotion Act R.S.O, 1990, c. H. 7, and all regulations thereto
as amended from time to time, or any successor thereof;
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v)
Hours of Operation- except as otherwise stated in this Bylaw,
means the hours of operation as listed on the application for
inspections;
w)
Highway - Shall have the same meaning as set out in the Highway
Traffic Act, R.S.O. 1990, c. H.8, as amended from time to time or
any successor thereof;
x)
Identification - means a current, valid government- issued:
Drivers Licence - Issued within North America;
Canadian Passport;
Canadian Citizenship Card;
and Provincial Health Card;
y)
Inspection - includes physical visit to the premises, where
applicable, or a document review or search;
z)
Issuer of Licences - means the Manager of Bylaw Compliance and
Security to issue Business Licenses and/or administer this By-law;
aa)
Licensee - means a Person to whom a Business Licence has been
issued;
bb)
Medical Officer of Health - means the Medical Officer of Health for
Wellington-Dufferin-Guelph Public Health or his or her designate;
cc)
Nude - includes any exposure to view of any portion of a female
person's breasts or any person's pubic, genital, perineal, perianal
areas or buttocks, and "Nudity" shall have a corresponding
meaning;
dd)
Officer - means any person authorized by the City to enforce this
by- law or to carry out Inspections in relation to this By-law, and
includes a police officer of the Guelph Police Service, and the
Medical Officer of Health;
ee)
Person - includes a Corporation;
ff)
Premises - includes any land, including a building, structure or
installation and also includes any vehicle, vessel or conveyance
used in the operation of the Business;
gg)
Principal Entrance - means all entrances to the Premises which are
identified as principal entrances on the Floor Plan and includes any
other entrances required to access the Premises where the
Business is in a building in common with other establishments, that
are not part of the Business;
hh)
Provide - when used in relation to Goods - means to Rent, Sell,
lease offer to Rent, lease, Sell or display for Rent, lease or Sale by
retail or otherwise and "Provides", "Providing", and "Provided" shall
have the corresponding meanings;
ii)
Provide - when used in relation to Goods - means to Rent, Sell,
lease offer to Rent, lease, Sell or display for Rent, lease or Sale by
retail or otherwise and "Provides", "Providing", and "Provided" shall
have the corresponding meanings;
jj)
Property Standards Bylaw - means the City of Guelph By- law
Number (2000)-16454, as amended from time to time, or any
successor thereof;
kk)
Register - means a written record containing entries of items or
details;
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ll)
Rent - means the exchange of a sum of money or other financial
consideration for the temporary use of Goods, and "Rental" has
the corresponding meaning;
mm) Sale - means the exchange of a sum of money or other financial
consideration for Goods, and Sell has the corresponding meaning;
nn)
Secretary to the Appeals Committee - means the Council
Committee Coordinator of the City or his or her designate;
oo)
Service - includes any activity, facility, performance, exhibition,
viewing and encounters, but does not include the exhibition of film
approved under the Theatres Act R.S.O. 1990 c.T6, as amended
from time to time or any successor thereof, when such film is
displayed in a theatre as defined under the Theatres Act;
pp)
Services designated to appeal to erotic or sexual appetites or
inclinations - include:
i.
Services of which any feature or characteristic is the nudity or
partial nudity of any person;
ii.
Services in which any person performs any form of striptease;
and,
iii.
Services in respect of which the term "nude", "naked", "topless",
"bottomless", "sexy" or any other word or any picture, symbol or
representation having like meaning or implication is used in any
advertisement.
qq)
Zoning By-Law - means the City of Guelph By-law Number (1995)-
14864, as amended from time to time, or any successor thereof;
and
rr)
Well Being - means a peaceful, healthy, prosperous and beneficial
state.
1A. Fees
Every City fee mentioned in this By-law means the applicable fee set out in the
City's Fees or Charges By-law.
2. Business Licence Required
a)
No Person shall carry on any Business, set out in Schedule "A" of
this By-law, without a Business Licence.
b)
For purposes of this By-law, a Person is deemed to be carrying on a
Business if engaged in the Business directly or if employing a
person, directly or indirectly, to carry on or engage in the Business.
c)
With the exception of the Business Licence required for Holistic
Practitioners and Operators, no Business Licence is required for an
employee of a Licensee where such employee, acting on behalf of
the Licensee, carries out the selling of Goods, or provides Services
on behalf of the licensee.
d)
Unless otherwise specified, each Business, required to be licensed
under section 2(a), must be separately licensed.
e)
Where more than one Business is operated at one Premise, all
applicable Business Licences are required, and all applicable fees
must be paid in full, unless otherwise provided by this By-law.
f)
(Notwithstanding other provisions of this By-law, where less than
20% (twenty percent) of the total square footage of the floor area
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of the Business is used for the Provision of Goods designed to
appeal to erotic or sexual appetites or inclinations, and such
Business requires an additional Business Licence(s) under this By-
law; all applicable Business Licences must be obtained, but the
Inspection fee and License fee with respect to Adult Entertainment
Retail Business Licence shall not apply.
g)
This By-law shall not apply to any activities carried on by or on
behalf of the City of Guelph.
3. Obtaining a Business Licence [Amended by by-Law (2011)-
19262]
a)
Any Person seeking to obtain a new Business Licence shall submit
to the Issuer of Licences an application for inspections in
accordance with this By-law, requesting all required Inspections set
out in Schedule "B" of this By-law. Once all required Inspections
have been completed, the Person may then submit an application
for a Business Licence in accordance with this By-law.
b)
Notwithstanding Section 3(a), an application for inspections is not
required for a Person seeking a Business Licence to operate as an
Operator or Practitioner of a Holistic Services Establishment, or for
a Private Parking Agent.
c)
The Issuer of Licences shall not accept any application for
inspections or for a Business Licence if any of the Applicants are
under the age of 18 years.
d)
The Issuer of Licences shall not accept any application for
inspections, application for a Business Licence, or application for
renewal until all requirements relating to the application, as set out
in this By-law, have been met.
e)
In addition to and without limiting subsection 3(d), the Issuer of
Licences shall not accept any Application for Inspections,
Application for a Business Licence, or Application for Renewal
unless all fines against the Applicant pursuant to the this By-law or
its predecessors have either been paid in full or are the subject of a
Court approved payment schedule.
4. Application for Inspection [Amended by By-Law (2010)-18949;
(2020)-20525]
a)
Every application for inspections shall be made in writing upon a
form approved by the Issuer of Licences and shall include:
i.
the fully and correctly completed inspections application form;
ii.
the applicable inspection fee;
iii.
proof of contractual or proprietary interest in the Premises upon
which the Business is to be operated;
iv.
a Floor Plan;
v.
the hours of operation of the Business; and
vi.
any other information required pursuant to this By-law.
b)
Notwithstanding section 4a(iv), a Floor Plan is not required if the
business is not carried on within a building.
c)
It is the responsibility of the Applicant to ensure that all Inspections
required pursuant to Schedule "B" of this By-law are completed
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within 90 calendar days of the date on which the Issuer of Licences
received the completed application for inspections.
d)
If all Inspections required pursuant to Schedule "B" of this By-law
are not completed and approved within 90 calendar days of the
date on which the Issuer of Licences received the completed
application for inspections, the application for inspections shall
expire. In that case, the Applicant shall be required to submit a
new application for inspections, including the fee, pursuant to
Section 4(a) of this By-law.
e)
The Issuer of Licences will, as a courtesy, notify the Applicant in
writing of the status of their application after 90 calendar days from
the date on which the Issuer of Licences received the completed
application for inspections.
f)
Each application for inspections includes up to three (3) Inspections
per inspecting authority. If more than three (3) Inspections from
any inspecting authority are required, the application for
inspections shall become void and a new application for inspection,
including the fee, must be submitted pursuant to Section 4(a) of
this By-law.
g)
Notwithstanding section 4(c), the Issuer of Licences may, prior to
the expiry of the ninety (90) calendar day period, upon request by
the Applicant in writing:
i.
grant an extension of up to thirty (30) calendar days to the
application for inspections, if the Applicant demonstrates to the
satisfaction of the Issuer of Licences that completion of works
required to pass the Inspection(s) is in progress; or
ii.
extend the ninety (90) calendar day period for such additional
period of time as is determined by the Issuer of Licences to be
appropriate, where due to extenuating circumstances, for reasons
outside the control of the Applicant, the inspecting authorities
have not carried out the Inspections required by Schedule "B" of
this By- law.
h)
Notwithstanding Subsection 4(c), the Issuer of Licences may, at
any time, extend the ninety (90) day calendar period for such
additional period of time as is determined by the Issuer of Licences
to be appropriate, to provide for a period of transition or an
additional period of transition in the event of new or amended
provisions of this By-law affecting the process or requirements for
obtaining a new Business License.
5. Application for Business Licence [Amended by By-Law (2020)-
20525]
a)
Every application for a Business License must be submitted to and
received by the Issuer of Licences no later than ninety (90) calendar
days following the Inspection Completion Date. Any person who
does not apply for the Business License within the said ninety (90)
calendar day period must submit a new application for inspections,
including payment of the fee, pursuant to Section 4(a) of this By-
law.
b)
Every application for a Business Licence under this By-law, shall be
made in writing upon an application form, and shall include:
i.
the fully and correctly completed business licence application
form;
ii.
the applicable application fee;
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iii.
proof of insurance in an amount not less than two million dollars
as required by this By-law;
iv.
where registration of the name of the Business is required
pursuant to the Business Names Act, R.S.O. 1990, c. B. 17, as
amended from time to time, or any successor thereof, a copy of
the current Master Business Licence registered with Service
Ontario, and certified by the Ministry of Government Services,
bearing the proposed name of the Business as shown on the
application; and,
v.
any other information required pursuant to this By-law.
6. Application for Renewal [Amended by By-Law (2010)-18949;
(2020)-20525]
a)
Every application for renewal of a Business Licence under this By-
law, shall be made in a form satisfactory to the Issuer of Licences
and shall include:
i.
the fully and correctly completed renewal application form, if
applicable;
ii.
the applicable renewal fee;
iii.
(proof of valid insurance in an amount not less than two million
dollars as required by this By-law; and
iv.
any other information required in the applicable schedule to this
By-law.
b)
i.
In addition, any Licensee who hold a Business Licence as at the
effective date of this By-law, must include a Floor Plan as part of
the first renewal application following the effective date of this
By-law.
ii.
Notwithstanding section 6 (b)(i), the Issuer of Licences may defer
the requirement to provide a Floor Plan until such time as the
dates for renewals are staggered in accordance with Section 15(a)
of this By-law.
c)
i.
It is the responsibility of the Applicant to ensure that all
Inspections required for renewal pursuant to Schedule "B" of this
By-law are completed no later than expiry date of the current
Business Licence.
ii.
If all Inspections required for renewal, as set out in Schedule "B"
to this By-law, are not completed by expiry date of the current
Business Licence, the application for renewal shall expire.
d)
i.
2 inspections per inspecting authority are included in an
application for renewal.
ii.
If more than 2 inspections from an inspecting authority are
required, the application for renewal is no longer valid and a new
application, including fee, for renewal is required.
e)
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i.
Notwithstanding section 6(c), the Issuer of Licences may, prior to
the expiry of the Business Licence, upon request by the Applicant
in writing:
a)
grant an extension of up to thirty (30) calendar days
to the application for renewal, if the Applicant
demonstrates to the satisfaction of the Issuer of
Licences that completion of work required to pass the
Inspection(s) is in progress; or
b)
grant an extension for such additional period of time
as determined by the Issuer of Licences to be
appropriate, where due to extenuating circumstances,
for reasons outside the control of the Applicant, the
inspecting authorities have not carried out the
Inspections required by Schedule "B" of this By-law.
ii.
Notwithstanding Subsection 6.(c) and 6.(g), the Issuer of
Licences may, at any time, grant an extension to the time for the
application for renewal and the expiry date of the current
business licence for such additional period of time as is
determined by the Issuer of Licences to be appropriate, to provide
for a period of transition or an additional period of transition in
the event of new or amended provisions of this By- law affecting
the process or requirements for renewing a Business Licence.
f)
In the case of an extension granted pursuant to Subsections
6(e)(i)(a), 6(e)(i)(b) or 6(e)(ii), the expiry date of the current
Business Licence will be extended accordingly.
g)
A Business Licence that is not renewed by the expiry date or any
extension of that date under this By-law is no longer valid.
h)
The Issuer of Licences will, as a courtesy, notify the Applicant in
writing of the status of their expired Business Licence after the date
of expiry.
7. Additional Application Criteria
If an agent is applying on behalf of an Applicant a signed letter from the
Applicant designated the agent to act on their behalf is required.
8. Carrying on a Business
The submission of an application for inspections, an application for a Business
Licence or an application for Renewal, including the related fee, does not entitle
the Applicant to carry on or engage in a Business under this By-law. The
Applicant is only entitled to do so once the Business Licence(s) required by this
By-law have been issued for the said Business.
Partnerships and Corporations
9. Partnerships
In addition to all other requirements of this by-law, if an application for
inspections or application for business licence is made by a partnership, the
application shall be accompanied by a written declaration, signed by all partners,
stating:
a)
the full name of every partner and the address of his or her
ordinary residence;
b)
the name or names under which he or she intends to carry on the
Business;
9
c)
that the Persons therein named are the only members of the
partnership; and,
d)
the complete mailing address for the partnership, if applicable, and
for each partner.
10. Corporations
a)
In addition to the requirements of Sections, 3, 4, and 5, if an
application for inspections or an application for business licence is
made by a corporation, the application shall be accompanied by a
valid Corporation Profile Report certified by the Ministry of
Government Services, or a true copy of the current Articles of
Incorporation for the corporation and any other incorporating
documents or amendments, along with a written declaration signed
by the authorized signing officers of the corporation stating:
i.
the full name of every director and officer of the corporation and
the address of his or her ordinary residence;
ii.
the name or names under which the corporation intends to carry
on the Business;
iii.
that the Persons therein named are the only officers of the
corporation; and
iv.
the complete mailing address for the corporation.
b)
If any member of a partnership is a corporation, such corporation
shall provide all of the information set out in section 10(a) of this
By-law as part of the application for inspections and application for
business licence by the partnership.
c)
If any director or officer of a corporation is a corporate body, it
shall also provide all of the information set out in section 10(a) of
this bylaw as part of the application for inspections and application
for business licence by the partnership.
11. Issue of Business Licence [Amended by By-Law (2010)-
18949]
a)
i.
The Issuer of Licenses is authorized to issue and renew Business
Licences in accordance with this By-law.
ii.
Without limiting Subsection 11(a)(i), the Issuer of Licences may:
impose special conditions on a Business in a class that have not
been imposed on all of the Businesses in that class in order to
obtain, continue to hold or renew a Business Licence; and
iii.
impose conditions, including special conditions, as a requirement
of continuing to hold a Business Licence at any time during the
term of the licence, upon the grounds that the conduct of the
Applicant or Licensee, or any officer, director, employee or agent
of the Applicant or Licensee, affords reasonable cause to believe
that the Applicant or Licensee will not carry on or engage in the
Business in accordance with the law or with honesty and integrity.
b)
All Business Licences issued and renewed shall be signed by the
Issuer of Licences.
c)
All Business Licences will be issued to the Applicant and bear the
name of the Applicant
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d)
Where two or more Persons carry on or engage in partnership in
any Business set forth in Schedule "A" of this By-law, the required
Business Licence(s) shall be issued to and bear the name of all
partners, who will be jointly and severally responsible for
complying with the requirements of this By-law, including, without
limitation, complying with the conditions of any Business Licence
issued hereunder.
e)
The issuer of licences may revise the Business license where the
license contains an error.
12. Changes in Information
a)
Where, at any time, there is any change in, or relating to, any of
the information or documents required to be filed with the City
under this By-law, the Applicant or Licensee, as the case may be,
shall report the change in writing to the Issuer of Licences no later
than fifteen (15) calendar days following the change.
b)
Any changes to the Floor Plan shall require the prior written
approval of the City. A copy of the approved Floor Plan shall be
kept on file by the Issuer of Licences.
13. Requests from Applicants or Licencees
Where the applicant or licensee is more than one person, any requests regarding
any application or licence shall be made by all such persons.
14. Term of Business Licence [Amended by By-Law (2010)-18949]
a)
Unless otherwise provided in accordance with Section 15(a), or
revoked pursuant to Section 30, every Business Licence shall be in
effect from the date of issue, as shown on the Business Licence:
i.
for the whole of the calendar year to which it applies, expiring on
December 31st of said calendar year; or
ii.
where the application for a business licence is received after
January 1 and prior to the 2nd Monday in November of any
calendar year, for the remainder of such calendar year, expiring
on December 31st of said calendar year; or
iii.
where the application for a business licence is received on or after
the 2nd Monday in November but prior to December 31 in any
calendar year, for the whole of the following calendar year,
expiring on December 31st of that calendar year.
b)
Except as otherwise indicated in this By-law, every application for
business licence shall be subject to the full fee for such Licence.
c)
Every Business Licence shall be renewed no later than its date of
expiry. Any Business Licence which is not so renewed shall become
null and void
d)
Any Person who has not renewed their Business Licence prior to the
date of its expiry will be required to apply for a new Inspection
Application and Business Licence in accordance with Sections 3, 4,
and 5 of this By-law, and the request shall be processed as a new
application.
e)
Every Business Licence shall cease to be valid if the Business
ceases to operate.
11
15.
a)
Notwithstanding Section 14, the Issuer of Licences has the
authority to stagger the renewal dates for Business Licences. In
such cases, the said Business Licences shall be in effect from the
date of issue to the date of expiry, as set out on the Business
Licence.
b)
Notwithstanding section 14(c), where the Issuer of Licences has
exercised authority under Section 15(a) of this bylaw, the renewal
fee may be prorated based on the number of months the Business
Licence is valid.
16. Insurance Requirements
a)
Every Licensee shall carry valid general liability insurance relating
to the Business throughout the term of the Business Licence in an
amount not less than two million dollars ($2,000,000) per
occurrence.
b)
The insurance policy as set out in Section 16(a) must be valid at all
times during the term of the Business Licence and the Licensee
shall provide proof of current insurance at any time, upon demand
of the Issuer of Licences, or an Officer.
c)
Without limiting Section 16(a), where a Licensee's insurance policy,
as required by this By-law, requires renewal during the term of the
Business Licence, the Licensee shall provide proof of such renewal
to the Issuer of Licences no later than the date of the current
insurance policy expiry.
d)
Without limiting Section 16(a), where there is a change in any
information relating to the insurance required by this By-law, the
Licensee shall notify the Issuer of Licences of the change, and
provide written details of the change to the Issuer of Licences, no
later than fifteen (15) calendar days following the date of the
change.
17. Duplicate Business Licence [Amended by By-Law (2020)-
20525]
a)
In the event that a Business Licence issued in accordance with this
By- law is lost or destroyed, the Issuer of Licences upon request by
the Licensee and upon satisfactory proof of such loss or
destruction, and payment of a replacement fee, shall issue a
duplicate of the original Business Licence to the Licensee, upon
which shall be stamped or marked "duplicate".
b)
i.
If the ownership of a Business for which a Business Licence has
been issued under this By-law has not changed, but the name of
the Business changes, the Licensee shall:
a)
notify the Issuer of Licences of such change in
accordance with Section 12; and,
b)
where registration of the name is required by the
Business Names Act, provide a Master Business
Licence certified by the Ministry of Government
Services bearing the new name of the Business.
ii.
Upon receiving these documents and upon payment of a
replacement fee of $25.00, the Issuer of Licences shall issue a
duplicate Business Licence, bearing the new name of the
12
Business. If the ownership of the Business has changed, a new
Business Licence shall be required in accordance with Sections 3,
4, and 5 of this By-law.
c)
Issuance of a duplicate Business Licence in accordance with this
Section shall not affect the expiry date of the Business Licence.
18. Transferability, Change of Ownership, Change of Location
a)
Every Business Licence issued under this By-law shall be personal
to the Licensee(s) indicated on the Business Licence, and to the
location as indicated on the Business Licence, and shall not be
transferable from Person to Person or location to location.
b)
A Business Licence shall be deemed to be void immediately upon
change of ownership or location of the Business, or upon
discontinuation of the business.
19. Display of Business Licence
a)
Every Licensee shall ensure that the Business Licence, or duplicate
Business Licence issued by the City, is posted within the Premises
from which the Business to which the Business Licence applies is
operated, in a conspicuous place, clearly visible to persons entering
the Premises, at all times during the Hours of Operation of the
Business.
b)
Notwithstanding Section 19(a) of this By-law, every Licensee shall
ensure that the Business Licence is displayed in accordance with
the provisions of the schedule governing the Business in question,
in all cases where such provisions differ from Section 19(a) of this
By-law.
c)
i.
Notwithstanding Section 19(a), every Licensee shall ensure that,
where the Business Licence does not apply to a Premises, that the
Business Licence is in the Licensee's possession at all times while
engaged in the Business for which the Business Licence was
issued.
ii.
Such Person referred to in (i) above, shall produce such Business
Licence immediately to the Issuer of Licences or an Officer, upon
request.
d)
No Person, other than the Licensee, shall carry a Business Licence
issued by the City, while engaging in the Business for which the
Business Licence was issued.
e)
Without limiting any other provision of this By-law, every Person
who is in possession of a Business Licence as described in Section
19(d), while engaged in the Business for which this Business
Licence was issued, shall produce, upon request by an Officer,
Identification for the purpose of confirming that the carrier of the
Business Licence is the Licensee.
f)
Without limiting any other provision of this By-law, and in addition
to any other remedy available to the City, the carrier of the
Business Licence shall, upon request by the Officer, surrender said
Licence to an Officer until such time as Identification is produced, in
which case the Business Licence shall be deemed to be suspended
until Identification has been produced.
g)
If the bearer of the Business Licence is not the Licensee, the Officer
may seize the Business Licence and, in such case, the Officer or the
13
Issuer of Licences shall notify the Licensee and hold the Business
Licence for safekeeping until it can be returned to the Licensee.
h)
Every Licensee shall ensure that the Business Licence is not posted
or displayed, or held out as valid, when the Business Licence has
expired, or has been revoked or suspended pursuant to this By-
law.
i)
Every Licensee shall ensure that the Business to which the Business
Licence applies is not, at any time during the term of the Business
Licence, advertised or promoted or carried on under any name
other than the name endorsed upon the Business Licence issued to
the Licensee;
20. Alterations Prohibited
a)
No Person shall alter or deface a Business Licence in any way.
b)
Every Licensee shall ensure that the Business Licence is not altered
or defaced in any way.
21. Additional Conditions
a)
Signage
i.
Every Licensee shall ensure that the Hours of Operation of the
Business, as set out on the Business Licence issued in relation to
the Business, are posted on a sign at every entrance to the
Premises from which the Business is operated, in such a manner
that they are visible from the exterior of the Premises at each
entrance.
ii.
Notwithstanding (i), where the Business has an entrance in
common with other establishments to which the Business Licence
does not apply, the requirements of (a) may be met by posting
the signage at all entrances into the Premises from which the
Business operates, and not at the common entrances.
b)
Doors Unlocked
Every Licensee shall ensure that, during the Hours of Operation,
every Principal Entrance is unlocked and accessible so that anyone
may enter therein without hindrance or delay.
22. Exception
Where a Business is operated as a home occupation as defined in the Zoning
By-law, subsections 21(a), and 21(b) of this By-law do not apply.
23. Provision of Goods and Services
Every Licensee shall ensure that no Goods or Services are provided in any
room, cubicle, enclosure, partitioned area, or any other space on or in the
Premises, that is not designated as a room for such use on the Floor Plan.
24. Compliance with Other Laws Required
The issuance of a Business Licence under this By-law does not permit or
condone the violation of any By-law, statute, order, or regulation in effect in
the City of Guelph, the Province of Ontario or the Dominion of Canada and it
shall be the responsibility of the Licensee to ensure that such applicable
legislation is complied with at all times.
14
25. Inspections
a)
Subject to the provisions of the Act, an Officer, accompanied by
any person under his or her direction, may, at any reasonable time,
enter onto or into any Premises for the purpose of carrying out an
inspection to determine whether or not the following are being
complied with:
i.
any provision of this By-law;
ii.
a direction or order of an Officer or of the municipality made
under this By-law or made under the Act in relation to the
subject-matter of this By-law;
iii.
a condition of a Business Licence issued under this By-law; and
iv.
an order made under Section 431 of the Act in relation to the
subject-matter of this By-law.
b)
For purposes of an inspection under Section 25(a), an Officer may,
i.
require the production for inspection of documents or things
relevant to the inspection;
ii.
inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
iii.
require information from any person concerning a matter related
to the inspection; and
iv.
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take test, samples or
photographs necessary for the purposes of the inspection.
c)
Notwithstanding any other provision of this By-law, an Officer may
exercise his or her power of entry under Section 25(a) to enter an
adult entertainment establishment at any time of the day or night.
For purposes of this clause, "adult entertainment establishment"
includes any Premises or part of a Premises wherein is provided, in
the pursuance of a Business, any Good(s) or Service(s) that are
designed to appeal to erotic or sexual appetites or inclinations.
d)
i.
In addition to and without limiting Section 25(a), it shall be a
condition of every Business Licence issued under this By-law that
the Licensee shall allow an Officer, and any person under his or
her direction, to carry out such inspections as are authorized
pursuant to this By-law, including without limitation any
inspection pursuant to an order made under Section 438 of the
Act, as described in Section 25(g) of this By-law, an inspection to
determine compliance with this By-law, or with a direction or
order of an Officer or of the municipality made under this By-law
or made under the Act in relation to the subject-matter of this By-
law, an inspection to determine compliance with a condition of a
Business Licence issued under this By-law, or an inspection to
determine compliance with an order under Section 431 of the Act.
ii.
Further, it shall be a condition of every Business Licence issued
under this By-law that the Licensee shall provide to the Officer
such information, documents or things relevant to the inspection
as may be requested by the Officer pursuant to Section 25(b)of
this By-law, and permit any examinations, tests, samples or
photographs determined by the Officer to be necessary for the
purposes of the inspection.
15
e)
No Person shall Obstruct or attempt to Obstruct any person,
including an Officer, having authority for the enforcement or
administration of this By-law.
For purposes of this clause, "Obstruct" means to hinder, mislead, provide
false information or make a false claim or statement, or to prevent or
attempt to prevent the execution of a power or duty, and without limiting
the foregoing, includes:
i.
providing false or misleading information;
ii.
failing to identify oneself in accordance with Sections 19(e) or
25(f);
iii.
preventing, barring or delaying or attempting to prevent, bar or
delay entry or inspection by an Officer, or any person under his or
her direction, as provided for by this By-law, including but not
limited to the removal of documents or things relevant to the
inspection, or the taking of any tests, samples or photographs
necessary for the purposes of the inspection;
iv.
preventing, barring or delaying or attempting to prevent, bar or
delay any person, including an Officer, from carrying out his or her
duties or exercising his or her powers under this By-law;
v.
preventing, barring or delaying or attempting to prevent, bar or
delay an Officer, or any person under his or her direction, from
exercising his or her authority pursuant to an order issued by a
provincial judge or justice of the peace under Section 438 of the
Act, as described in Section 25(g) of this By-law;
vi.
failing to provide, upon request by an Officer, any information,
documents or things relevant to an inspection, including without
limitation, any documents specifically required to be kept or
provided by this By-law; and
vii.
failing to surrender a Business Licence, upon request by an Officer,
as required by Section 19(e).
f)
Every Person who
i.
is required to obtain a Business Licence under this By-law;
ii.
is a Licensee under this By-law; or
iii.
is in possession of a Business Licence issued under this By-law,
shall identify themselves verbally by giving their correct name and address,
or with Identification as defined in this By-law, to an Officer upon request,
while such Officer is executing his or her duties in relation to this By-law.
g)
In addition to any other provision of this By-law, and subject to the
provisions of the Act, a provincial judge or justice of the peace may
issue an order made under Section 438 of the Act, authorizing an
Officer and any person under his or her direction, to enter onto or
into any Premises, including a room or Premises actually being
used as a dwelling, for the purpose of carrying out an inspection to
determine whether or not the following are being complied with:
i.
any provision of this By-law;
ii.
a direction or order of an Officer or of the municipality made
under this By-law or made under the Act in relation to the
subject-matter of this By-law;
iii.
a condition of a Business Licence issued under this By-law; and.
16
iv.
an order made under Section 431 of the Act in relation to the
subject-matter of this By-law, and to exercise powers described in
Section 25(b) of this By-law, where the provincial judge or justice
of the peace is satisfied by evidence under oath that the
inspection is reasonably necessary and the Officer has been
prevented or is likely to be prevented from doing anything set out
in Section 25(a), (b) or (c) of this By-law.
h)
An Officer named in an order described in Section 25(g), and any
person under his or her direction named therein, may, in
accordance with the order, enter onto or into the Premises
described therein, including any room or Premises actually being
used as a dwelling, which is described therein, to undertake the
said inspection, and may, for that purpose, exercise any power set
out in the order.
26. Orders and Remedial Actions
a)
If an Officer is satisfied that a contravention of this By-law has
occurred, the Officer may make an order requiring the person who
contravened the By-law to discontinue the contravening activity.
b)
An order under subsection (a) shall set out,
i.
reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the
contravention occurred; and
ii.
the date by which there must be compliance with the order.
c)
No Person shall fail to comply, in whole or in part, with an order
issued under subsection 26(a).
27.
a)
If an Officer is satisfied that a contravention of this By-law has
occurred, the Officer may make an order requiring the Person who
contravened the By-law to do work to correct the contravention.
b)
An order under subsection (a) shall set out,
i.
reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the
contravention occurred; and
ii.
the work to be done and the date by which the work must be
done.
c)
An order under subsection (a) may require work to be done even
though the facts which constitute the contravention of the By-law
were present before this By-law making them a contravention
came into force.
d)
No Person shall fail to comply, in whole or in part, with an order
issued under subsection 27(a).
28. Refusal to Issue or Renew a Business Licence [Amended by
By-Law (2012)-19396]
The Issuer of Licences may refuse to issue or renew a Business Licence:
a)
if all Inspections required pursuant to this By-law have not been
completed and passed;
b)
where the conduct of the Applicant or Licensee, including the
conduct of any officer, director, employee or agent of an Applicant
17
or Licensee affords reasonable cause to believe that the Applicant
or Licensee will not carry on or engage in the Business in
accordance with the law or with honesty and integrity;
c)
where the issuance of the Business Licence, or renewal of the
Business Licence, would be contrary to the health, safety or
wellbeing of people in the City of Guelph;
d)
where the Applicant or Licensee has past convictions under this By-
law, or any other By-law, statute or regulation relating to the
Business;
e)
where the Applicant or Licensee is carrying on an activity in relation
to the Business that is, or will be , if the Applicant is licensed , in
contravention of this By-law or any other By-law, statute or
regulation;
f)
where it is determined that the Business does not comply with
applicable legislation such as but not limited to the Building Code,
and Building Code Act, Fire Protection and Prevention Act, Health
Protection and Promotion Act, and the Property Standards By-law;
g)
where there is a Court order, or any federal or provincial order
ceasing the activity of the Business;
h)
where a Business has ceased to operate or,
i)
upon such other grounds as are set out in this By-law.
29. Refund of Fee on Refusal to Issue or Renew a Business
Licence [Amended by By-Law (2012)-19396]
Where the Issuer of Licences decision to refuse to issue or renew a Business
Licence is not appealed in accordance with this By-law, or is confirmed by
Council, a portion of the fee paid in relation to the application for Business
Licence or application for renewal, as the case may be, equivalent to the
enforcement portion of the fee as set out in Schedule "C" to this By-law, shall
be refunded to the Applicant. No portion of the inspection fee is refundable.
30. Revoking or Suspending a Business Licence [Amended by By-
Law (2010)-18949; (2012)-19396]
a)
The Issuer of Licences may recommend that a Business Licence be
suspended or revoked:
i.
where the conduct of the Licensee, including the conduct of any
officer, director, employee or agent of a Licensee affords
reasonable cause to believe that the Applicant or Licensee will not
carry on or engage in the Business in accordance with the law or
with honesty and integrity;
ii.
where the continuation of the Business Licence would be contrary
to the health, safety or wellbeing of people in the City of Guelph;
where the Licensee is convicted of an offence or has convictions
under any provision of this By-law, or any other By-law, statute
or regulation relating to the business;
iii.
where the Licensee is carrying on an activity in relation to the
Business that is in contravention of this By-law, or any other By-
law, statute or regulation;
iv.
where it is determined that the Business does not comply with
applicable legislation such as but not limited to the Zoning By-
law, Building Code and Building Code Act, Fire Protection and
18
Prevention Act, Health Protection and Promotion Act, and the
Property standards By-law;
v.
where the Business Licence was issued in error based on incorrect
or incomplete information provided by the Applicant; or
vi.
where the Licensee would be disentitled to a Business Licence for
any other reason set out in this By-law.
b)
A Business Licence issued under this By-law shall remain in effect
until a decision to revoke or suspend the Business Licence has been
made by Council.
31. Refund of Fee on Revocation of Business Licence
When Council's decision is to revoke or suspend a Business Licence, no
portion of the inspection fee or licence application fee is refundable.
32. Appeals Procedure [Amended by By-Law (2012)-19396]
a)
Where the Issuer of Licences refuses to issue or renew a Business
Licence, or recommends the suspension or revocation of a Business
Licence:
i.
the Issuer of Licences shall send written notice advising the
Applicant or Licensee of the refusal, or of the recommendation to
suspend or revoke the Business Licence;
ii.
the written notice of the Issuer of Licences shall be sent to the
Applicant or Licensee at the address of the Applicant or Licensee
provided on the Application, or where a change of information has
been provided by the Applicant or Licensee regarding address, at
the address reflecting that change of information;
iii.
the written notice shall:
a)
set out the grounds for the refusal or
recommendation;
b)
give reasonable particulars of the grounds;
c)
be signed by the Issuer of Licences; and
d)
indicate the final date and time by which the Applicant
or Licensee may appeal the decision to refuse to issue
or renew the Business Licence, or request a hearing
before the Appeals Committee regarding the
recommendation for suspension or revocation, and the
method for doing so, as set out in subsection
32(a)(iv);and,
iv.
the Applicant or Licensee may appeal the decision to refuse to
issue or renew a Business Licence, or request a hearing before
the Appeals Committee regarding the recommendation of the
Clerk to suspend or revoke a Business Licence, by filing a written
request with the Secretary of the Appeals Committee at the Office
of the City Clerk, which request must set out the grounds or basis
for the request, and must be received in the Office of the City
Clerk no later than 4:00 p.m. on the twentieth (20th) calendar
day from the date on the notice described in 32(a)(i).
b)
If no written request for an appeal or hearing is received from the
Applicant(s) or Licensee(s) before the deadline as set out in Section
32(a)(iv) regarding the Issuer of Licences decision to refuse or
recommend to suspend or revoke a Business Licence:
19
i.
no extension of the time to request an appeal or hearing will be
granted;
ii.
in the case of a refusal, the decision of the Issuer of Licences will
be final; and
iii.
in the case of a recommendation to suspend or revoke a Business
Licence, the Issuer of Licences recommendation that a Business
Licence be suspended or revoked will be forwarded to Council
with notice to the Applicant or Licensee.
33. Hearing of Appeals [Amended by By-Law (2012)-19396]
Upon receipt of a written request for a hearing from the Applicant or
Licensee, in accordance with section 32(a)(iv) the Secretary to the Appeals
Committee shall:
a)
fix a date and time for such matter to be heard by the Appeals
Committee within 30 days of receipt of the appeal; and,
b)
send by registered mail or hand delivery the notice of hearing,
which shall include the date, time and location of the hearing, at
least fifteen (15) days prior to the date and time fixed for such
hearing, to the Applicant or Licensee, the Issuer of Licences, as
determined by the Secretary of the Appeals Committee, or any
other Person who has requested such notification in writing from
the Secretary of the Appeals Committee.
34. Service of Written Notice [Amended by By-Law (2012)-19396]
a)
Written correspondence relating to the Appeals and Hearing
procedure referred to in this By-law is sufficiently served if hand
delivered or sent by registered mail addressed to the Applicant or
Licensee at the address provided on the Application or most recent
address provided by the Applicant or Licensee, as the case may be,
according to the Issuer of Licences records.
b)
When service is made by registered mail, the service shall be
deemed to be received on the seventh day after the day of mailing,
and where served by hand delivery shall be deemed to be received
immediately.
35. Hearing Procedure [Amended by By-Law (2012)-19396]
a)
The following procedure shall be followed for hearings relating to
the refusing, suspending or revoking of any Business Licence under
this By-law:
i.
the Secretary of the Appeals Committee shall circulate copies of
all reports from the Issuer of Licences and any officers,
inspectors, investigators, employees of the corporation or other
municipal, provincial, or federal agencies, police officers or
Medical Officers of Health, who may be involved in the matter, to
the Applicant, Licensee or any other Person to whom notice of the
hearing has been given;
ii.
the Applicant or Licensee, either personally or through an agent
or solicitor, shall be afforded an opportunity to present such
material and evidence relevant to the issue before the Appeals
Committee, and may ask questions of any person presenting
evidence, relating to the evidence presented, or of any author of
a report to Council relevant to the said issue;
iii.
the Appeals Committee may afford any other Person who appears
to have an interest in the matters under discussion, an
20
opportunity to present material and evidence relevant to the issue
before the Appeals Committee;
iv.
the provisions of the Statutory Powers Procedure Act, R.S.O.
1990, c.S.22, except sections 17.1, 18 and 19, as amended from
time to time, or any successor thereof, shall apply to all hearings
conducted by the Appeals Committee under this By-law; and,
v.
Any person presenting evidence relevant to the hearing must be
present to answer questions in relation to that evidence.
b)
If the Applicant or Licensee who has been sent notice of the
hearing does not appear at the appointed time and place of the
hearing, the Appeals Committee may proceed with the hearing in
the absence of the Applicant or Licensee and if so, the Applicant or
Licensee shall not be entitled to any further proceeding or any
further notice of the proceedings; but shall be sent a copy of the
Appeals Committee's recommendation.
c)
The Appeals Committee shall, after having heard all of the evidence
and submissions made at the hearing, make a recommendation to
Council, in writing, as soon as practicable;
i.
that a Business Licence be granted, refused, suspended or
revoked with or without conditions, relevant to the subject of the
hearing, or as agreed to by the Applicant; and
ii.
in the case of a recommendation to suspend a Business Licence,
that the suspension of a Business Licence be for such length of
time as deemed appropriate by the Appeals Committee.
d)
"The Recommendation" of the Appeals Committee shall be
determined by a vote of the Appeals Committee, and shall be
forwarded to Council in the form of a report as provided for in the
City of Guelph's Procedural By-law.
e)
The Secretary to the Appeals Committee shall:
i.
within five (5) days of the hearing of the Appeals Committee,
send a copy of the recommendation by the Appeals Committee to
be made to Council to the Applicant or Licensee, Issuer of
Licences and any other persons affected by the Appeals
Committee's recommendation, at least fifteen (15) days prior to
the date and time fixed for Council's consideration of the
recommendation; and
ii.
where the Appeals Committee has received a request from any
Person who appeared before the Appeals Committee send a copy
of the recommendation to such Person, at least fifteen (15) days
prior to the date and time fixed for Council's consideration of the
recommendation.
f)
"The Recommendation" shall;
i.
include the date, time and location of the Council meeting at
which the recommendation of the Appeals Committee will be
considered by Council;
ii.
summarize the evidence and the arguments presented at the
hearing;
iii.
set out the Appeal Committee's findings of fact;
iv.
set out the recommendation(s) of the Appeals Committee; and
v.
state the grounds or basis for the Appeal Committee's
recommendation(s).
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36. Council after the Hearing
a)
Council may grant, refuse, suspend or revoke the Business Licence
with or without conditions, and may impose conditions
recommended by the Appeals Committee or any other conditions
relevant to the subject of the hearing, or as agreed to by the
Applicant; or do any act, or make any decision that it might have
done had it conducted the hearing itself.
b)
The Applicant or Licensee may request to appear before Council as
a delegation in accordance with City of Guelph's Procedural By-law,
but shall not be entitled to any further formal hearing conducted at
the Council meeting.
c)
The decision of Council to grant, refuse, suspend or revoke a
Business Licence shall be final.
d)
Notwithstanding any other provision of this By-law, the Council
may, if satisfied that the continuation of a business poses an
immediate danger to the health or safety of any person or to any
property, for the time and on such conditions as it considers
appropriate, without a hearing, suspend a Business Licence for a
period not to exceed 14 days.
e)
Notwithstanding any other provision of this By-law, the Council
may, on such conditions as it considers appropriate, without a
hearing, suspend a Business Licence authorizing a business to
operate on a highway or other property of the municipality or its
local boards for a period not exceeding 28 days for the following
reasons:
i.
the holding of a special event;
ii.
the construction, maintenance or repair of the property;
iii.
the installation, maintenance or repair of a public utility or
service; or
iv.
pedestrian, vehicular or public safety or public health.
f)
Before Council considers suspending a Business Licence under
clause 36(a), the Clerk shall provide the Licensee with the
recommended reasons for the suspension, in writing, and an
opportunity to respond to them in writing prior to the Council
meeting, and orally at the Council meeting. The notice shall be
hand delivered, or confirmed faxed or received by courier at least
48 hours prior to Council's consideration of the suspension.
37. Returning Business Licences [Amended by By-Law (2012)-
19396]
a)
The Clerk shall send written notice to the Applicant or Licensee or
any other person requesting to be notified of the decision of Council
respecting the hearing and such notice shall be sent within three
days of the decision of Council.
b)
When a Business Licence has been revoked or suspended; the
holder of the licence shall return the licence to the Issuer of
Licences within two business days of service of the written notice of
the decision of Council.
38. Offences
a)
Every Person who contravenes any provision of this By-law,
including any Schedule hereto, is guilty of an offence.
22
b)
Every director or officer of a corporation who knowingly concurs in
the contravention by the corporation of any provision of this By-
law, including any Schedule hereto, is guilty of an offence.
c)
Every offence under this By-law is designated as a continuing
offence.
39. Penalties
a)
Except as otherwise provided in this By-law, every Person who is
convicted of an offence under any provision of this By-law shall be
liable to a fine not to exceed $10,000 per day or each part of a
day, that the offence continues.
b)
In addition to Section 39(a), any Person, other than a corporation,
who is convicted of an offence for a contravention of any provision
of this By-law relating to:
i.
an Adult Entertainment Establishment;
ii.
an Adult Entertainment Retail Establishment;
iii.
Goods designed to appeal to erotic or sexual appetites or
inclinations; or
iv.
Services designed to appeal to erotic or sexual appetites or
inclinations, may be liable to a term of imprisonment not
exceeding one year, in addition to any other applicable penalties.
c)
The penalties set out in this Section shall be in addition to any
other penalties available at law.
40. Schedules
Unless otherwise stated, the requirements of the Schedules shall be in
addition to all other requirements of this By-law.
41. Ultra Vires
a)
It is hereby declared that notwithstanding that any Section of this
By law, or parts thereof, may be found by any Court of law to be
invalid or beyond the power of the Council to enact, such Section or
Sections or parts thereof shall be deemed to be severable and that
all other Sections or parts of this By-law are separate and
independent therefrom and enacted as such;
b)
When any requirement of this By-law is at variance with any other
By-law in effect in the City of Guelph or with any applicable
Provincial or Federal statute or regulation, the more restrictive
requirement shall apply unless otherwise stated in such legislation.
42. Prior By-Laws Repealed
By-laws (2004)-17551, (2005)-17707, (2005)-17907, (2006)-18175, (2007)-
18254, (2007)-18433, (2008)-18638, and (2009)-18728 are hereby repealed as
of the date and time of this By-law coming into effect;
43. Chapter 176 "Business Licence" of the Corporation of the City of Guelph's
Municipal Code is hereby repealed and this By-law substituted therefore as the new
Chapter 176 "Business Licences";
44. This By-law is hereby adopted as Municipal Code Amendment #499.
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45. Effective Date
This By-law shall come into effect immediately upon passing.
Passed this Twenty-Eighth Day of September, 2009.
Original signed by:
Karen Farbridge - Mayor
Lois A. Giles - City Clerk
24
Schedule "A" to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2013)-19613; (2015)-19904; (2016)-20123;
(2016)-20149; (2018)-20272; (2019)-20376; (2022)-20670]
Schedule
Business
1
Adult Entertainment Establishment/ Adult Entertainment Retail
Establishment
2
Amusement Establishment
3
Bed and Breakfast
4
Catering Company
5
Food Premise
6
Food Vehicle
7
Holistic Services: Owner, Operator or Practitioner
8
Hotel Establishments
9
Pawnbroker
10
Personal Service Establishment
11
Private Parking Agent
12
Public Assembly Hall
13
Street Vendor (City Tendered)
14
Driving Instructor
15
Donation Bin, Publication Dispensing Box
16
Taxicabs, Accessible Taxicabs and Limousines
17
Vehicle for Hire
18
Second-hand Goods and Salvage Goods
19
Payday Loan Establishment
25
Schedule "B" to City of Guelph By-law Number (2009)-18855
[Amended by By-laws (2010)-19079; (2013)-19618; (2015)-19904;
(2016)-20149; (2018)-20272; (2019)-20376; (2022)-20670]
Required Inspections for Both Initial Applications and Renewals
Schedule # Business
Application
Renewal
1
Adult Entertainment
Establishment
Zoning, By-law, Fire,
Building
By-law, Fire
Adult Entertainment Retail
Establishment
Zoning, By-law, Fire,
Building
By-law, Fire
2
Amusement Establishment
Zoning, Fire, Building Fire
3
Bed & Breakfast
Zoning, Fire, Building Fire
4
Catering Business
Zoning, Fire, Health,
Building
Fire, Health
5
Food Establishment
Business
Zoning, Fire, Health,
Building
Fire, Health
6
Outdoor Food Sales
Business
Zoning, By-law, Fire,
Health, Building
By-law, Fire,
Health
7
Holistic Services - Owner
Zoning, By-law,
Building, Health, Fire
By-law, Fire,
Health
Practitioner/Operator
n/a
By-law
8
Hotel Establishment
Zoning, By-law,
Building, Fire
Fire
9
Pawnbroker
Zoning, Fire, Building n/a
10
Personal Service
Establishment
Zoning, By-law, Fire,
Health, Building
By-law, Fire,
Health
11
Private Parking Agent
By-law
n/a
12
Public Assembly Hall
Zoning, Fire, Health,
Building
Fire, Health
13
Outdoor Merchandise Sales
Business
Zoning, By-law, Fire,
Health
By-law, Fire,
Health
14
Driving Instructor
By-law
n/a
15
Donation Bin, Publication
Dispensing Box
By-law
n/a
16
Taxicabs, Accessible
Taxicabs and Limousines
By-law
By-law
17
Vehicles for Hire
By-law
By-law
18
Second-hand Goods and
Salvage Goods
By-law
By-law
19
Payday Loan
Establishments
Zoning, By-Law, Fire,
Building
Fire
26
Schedule "C" to City of Guelph By-law Number (2009)-18855 [Added
by By-law (2022)-20670]
Criminal Record and Judicial Matters Check Requirements
This Schedule shall apply to those Persons who are required to provide a
Criminal Record and Judicial Matters Check with their Application for a
Business Licence.
The Criminal Record and Judicial Matters Check accepted by the Issuer of
Licences shall meet the following requirements:
a)
must be an original copy;
b)
must be obtained by an Applicant;
c)
If the Applicant is a partnership, a completed Criminal Record and
Judicial Matters Check must be obtained for each partner;
d)
If the Applicant is a corporation, a completed Criminal Record and
Judicial Matters Check must be obtained for each director or officer of the
corporation and for any shareholder who holds more than 30% of the
issued shares in the corporation; and
e)
have an issue date no greater than 280 days prior to the Application. An
issue date of greater than 280 days will not be accepted.
The Criminal Record and Judicial Matters Check shall be completed by the
Canadian Police Service or by a police service in the country where the
Applicant currently resides. Criminal Record and Judicial Matters Check
completed by a third party agency will not be accepted.
27
Schedule 1 To City of Guelph By-law Number (2009)-18855
Adult Entertainment Establishment
The provisions of this Schedule shall apply in respect of Adult Entertainment
Establishments and Adult Entertainment Retail Establishment.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings;
a)
"Adult Entertainment Establishment" - means any Premises
wherein is Provided, in pursuance of a Business, any Service
designed to appeal to erotic or sexual appetites or inclinations;
b)
"Adult Entertainment Retail Establishment" - means any Premises
wherein is Provided, in pursuance of a Business, any Good
designed to appeal to erotic or sexual appetites or inclinations;
c)
"Designated Area" - means any part of a Premises or all of the
Premises set aside exclusively for the display of Goods appealing
to, or designed to appeal to erotic or sexual appetites, which are
displayed or offered for sale to the public;
d)
"Partially Nude" - means clothed in a manner that leaves any
portion of a female person's breasts or any person's pubic, genital,
perineal, perianal areas or buttocks visible to any person through
less than fully opaque clothing, and "Partial Nudity" shall have a
corresponding meaning;
e)
"Performer" means any Person who through performing or through
being the subject of exhibition, viewing or encounter provides
Services designed to appeal to erotic or sexual appetites or
inclinations, and "Perform" and "Performing" shall have
corresponding meanings; and
f)
"Specified body areas" means any one or more of the following:
g)
in the case of a female person, her breasts; and
h)
in the case of all persons, the genitals and the anus;
i)
"Specified sexual activities" means one or more of the following:
actual or simulated sexual intercourse, masturbation, urination,
defecation, ejaculation, sodomy, including bestiality, anal
intercourse and oral sexual intercourse, direct physical stimulation
of clothed or unclothed specified body areas and flagellation,
mutilation, maiming, murder or torture in the context of a sexual
relationship or activity;
Application for Business Licence
a)
There shall be a maximum of two Adult Entertainment
Establishment Business Licences issued by the City.
b)
Any Person who carries on the Business of an Adult Entertainment
Establishment and an Adult Entertainment Retail Establishment, in
the same Premises, shall be required to obtain both Business
Licences, but shall pay only the greater of the fees as between the
two categories of Businesses, with respect to both inspection fees
and licence application fees.
28
Conditions
Adult Entertainment Establishment
Every Adult Entertainment Establishment Licencee shall ensure that:
a)
no Person under the age of 18 years is permitted entry into the
Adult Entertainment Establishment;
b)
no Person may view the inside of the Adult Entertainment
Establishment from a position outside of the Establishment through
any window or the like and, to that end, that opaque covering is
affixed to all such windows and the like;
c)
regulatory signs are posted and maintained at every Principal
Entrance to the establishment clearly visible and easily read
indicating that no Person under the age of 18 years is permitted to
enter the Adult Entertainment Establishment;
d)
every Performer in the Adult Entertainment Establishment is at
least 18 years of age;
e)
every Person in the Adult Entertainment Establishment complies
with the provisions of this Schedule and this By-law at all times
while working in the Adult Entertainment Establishment;
f)
no Performer of an Adult Entertainment Establishment shall while
providing Services as a Performer, touch or allow, permit or cause
herself or himself to be touched , or have physical contact with any
other person in any manner whatsoever involving any Specified
body areas or Specified sexual activities;
g)
no Service is Provided by an Adult Entertainment Performer on the
Premises which is not in full view of all customers and shall ensure
that any Services Provided and are not blocked or obscured by
walls, curtains, smoked or frosted glass, cubicles or other
enclosures, devices, or barriers whatsoever; and
h)
a current Register is kept, containing a copy of Identification or a
Canadian Visa of each Performer currently employed by or
performing in the Adult Entertainment Establishment, for the
purpose of ensuring compliance with this By-law.
Adult Entertainment Retail Establishment
Every Adult Entertainment Retail Establishment Licensee shall ensure that:
a)
no Goods Designed to Appeal Erotic or Sexual Appetites or
Inclinations which are offered for Sale or displayed to the public are
displayed at a height of less than 1.5 meters above floor level
unless such Goods are displayed in a Designated Area.
b)
in addition to Clause (a), Goods designed to appeal to erotic or
sexual appetites or inclinations which are offered for Sale or
displayed to the public and are not in a Designated Area, shall be
placed behind an opaque barrier of a size and nature which shall
ensure that the cover of the Goods, except for the name thereof,
may not be seen by any member of the public.
An Adult Entertainment Retail Establishment Licensee may provide a
Designated Area and where a Designated Area is provided, the said Licensee
shall ensure:
a)
no person under the age of 18 years is permitted entry into the
Designated Area;
29
b)
no person may view the inside of such Designated Area from a
position outside the Designated Area, or through any window or the
like and, to that end, that opaque covering is affixed to all such
windows and the like; and
c)
regulatory signs are posted and maintained at every entrance to
the Designated Area, clearly indicating that no person under the
age of 18 is permitted to enter such Designated Area.
30
Schedule 2 to City of Guelph By-law Number (2009)-18855
Amusement Establishment
The provisions of this Schedule shall apply in respect of Amusement Establishments
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Amusement Establishment" - means any indoor facility, designed
for and equipped to provide Amusement activities, but does not
include, Adult Entertainment Establishments, arcades, arenas,
billiards, bowling alleys, carnivals, golf courses, internet gaming
facilities and internet cafes, Theatres or physical fitness centres.
b)
"Amusement" - means of or pertaining to entertainment,
amusement or pastime designed to provide a pleasant diversion or
distraction, and shall include, but will not be limited to:
Batting Cages
Driving Ranges
Rock Climbing Facilities
Go-Carts
Laser Tag
Mini-Golf Paint Ball
Roller Skate, In-line Skate, or Skateboard facilities
Waterslides
Conditions
Every Amusement Establishment Licensee shall ensure that the adequate
safety measures for the use and enjoyment of the establishment are posted
in conspicuous locations visible to all persons using the establishment.
Every Amusement Establishment Licensee shall ensure that all customers are
provided basic instruction on equipment used and rules of the establishment
where there may be risk involved.
31
Schedule 3 To City of Guelph By-law Number (2009)-18855
Bed And Breakfast
The provisions of this Schedule shall apply in respect of Bed and Breakfast
Establishments.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
term shall have the corresponding meaning:
a)
"Bed and Breakfast" means any Premise in which the owner resides
and where for gain, is provided 3 (three) or fewer rooms for
overnight accommodation and breakfast for the traveling public,
but does not include a Restaurant, Hotel, Tourist Home, Lodging
House, Nursing Home or any other License approved or supervised
under any general or special Act.
Application for Inspections - Additional Criteria
In addition to Section 4(a)(iv) of this By-law, every Floor Plan for a Bed and
Breakfast shall include all swimming pools on the Premises.
Conditions
a)
Every Bed and Breakfast Licensee shall keep and maintain a
Register of guests which may be used for notification purposes of
health and/or public safety matters.
b)
Every Bed and Breakfast Licensee shall ensure that no meal is
provided on the Premise, other than breakfast, and that no cooking
is permitted in rented rooms.
32
Schedule 4 to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2016)-20123]
Catering Business
The provisions of this Schedule shall apply in respect of Catering Businesses.
Interpretation
In addition to the terms defined in Section 1 of this By-law and other
Schedules of this By-law, the following terms shall have the corresponding
meanings:
a)
"Catering Business" means any Business in which Food is:
i.
Prepared at Premises not already licensed in relation to Food
preparation under this By-law, and
ii.
For immediate consumption at Premises not already licensed in
relation to Food Sales under this By-law; and
b)
"Food" includes solid food and beverages; for greater certainty,
beverages include alcoholic beverages.
33
Schedule 5 to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2016)-20123]
Food Establishment Business
The provisions of this Schedule shall apply in respect of Food Establishment
Businesses.
Interpretation
In addition to the terms defined in Section 1 of this By-law and other
Schedules of this By-law, the following term shall have the following
meaning:
a)
"Food Establishment" means any Premises permanently affixed to
the ground, where Food is prepared and Provided for Sale or Sold
for immediate consumption indoors and/or outdoors at the
Premises, or after take-out or delivery to other Premises; by way of
examples, Food preparation includes such things as cleaning Food,
cooking Food, making coffee, heating sandwiches or scooping ice
cream.
34
Schedule 6 to City of Guelph By-law Number (2009)-18855
[Amended by Bylaw (2010)-18949; (2016)-20123]
Outdoor Food Sales Business
The provisions of this Schedule shall apply in respect of the Sale of Food from
outdoor Food Stands and Food Vehicles.
Types of Licenses Available
Annual
Licence
Short-
term
Licence
Event
Food
Licence*
Event
Food
Licence*
Event
Food
Licence*
Downtown
Event
Licence
Special
Event
Licence
Private
Event
Licence
Food Stand
🗸
🗸
🗸
🗸
🗸
Food Vehicle:
a) Food Truck
i.
Ice Cream
Truck
🗸
🗸
🗸
🗸
🗸
ii.
Food Truck
other than
Ice Cream
Truck
🗸
🗸
🗸
🗸
🗸
ii.
Refreshment
Truck
🗸
🗸
🗸
🗸
🗸
b) Food Trailer
🗸
🗸
🗸
🗸
🗸
c) Food Cart
🗸
🗸
🗸
🗸
🗸
Interpretation
In addition to the terms defined in Section 1 of this By-law and other
Schedules of this By-law, the following terms shall have the corresponding
meanings:
a)
"Arterial Road" means any Highway with markings identifying more
than two traffic lanes;
b)
"Downtown Event" means an event in the Mixed Use Area
(including the City's Farmer's Market events) at which the City
permits Food Stands or Food Vehicles on Land and/or a Highway;
c)
"Event Food Licence" means a Business Licence issued to an
organizer of a Downtown Event, Special Event or Private Event that
applies to all Food Stands and Food Vehicles operating at the
Downtown Event, Special Event or Private Event;
d)
"Food Stand" means an outdoor wheel-less frame, base or display
structure not permanently affixed to the ground and capable of
being moved on a daily basis, from which Food is Provided for Sale
or Sold;
e)
"Food Vehicle" means an outdoor vehicle not permanently affixed
to the ground and capable of being moved on a daily basis, from
which Food is Provided for Sale or Sold, and includes a motorized,
35
self-propelled vehicle (a "Food Truck"), a vehicle that is not self-
propelled, but that can be easily towed (a "Food Trailer") and a
vehicle (such as a bicycle or tricycle) moved by human exertion (a
"Food Cart")
f)
"Food Vehicle Plate" means a metal number plate issued by the
Issuer of Licences to a Licensee with a current and valid Business
Licence for a Food Vehicle;
g)
"Ice Cream Truck" means a Food Truck from which Food specially
related to ice cream, frozen desserts or other frozen confections is
Provided for Sale or Sold;
h)
"Land" means land other than a Highway;
i)
"Mixed Use Area" means the downtown parts of the City, as so
indicated on Appendix 2 to this Schedule 6;
j)
"Other Area" means the parts of the City other than the Mixed Use
Area and the Residential Area, as so indicated on Appendix 2 to this
Schedule 6;
k)
"Private Event" means a private function on private Land;
l)
"Refreshment Truck" means a Food Truck from which all the Food
Provided for Sale or Sold (except beverages) has been pre-
packaged;
m)
"Residential Area" means the residential parts of the City, as so
indicated on Appendix 2 to this Schedule 6;
n)
"Roadside" means the part of a Highway that is not Roadway;
o)
"Roadway" has the same meaning as set out in the Highway Traffic
Act, R.S.O. 1990, c. H.8, as amended from time to time, or any
successor thereof, and, for greater certainty, does not include a
sidewalk;
p)
"Short-term Licence" means a type of Business Licence which is
only valid for three consecutive days per period and may only be
issued or renewed for up to four specified periods per year; and
q)
"Special Event" means a special event as defined in the City's
Special Event Policy.
Food Stands
Application for a Business Licence for a Food Stand
In addition to all other requirements of this By-law, every Applicant for an
inspection, or a Business Licence in respect of a Food Stand shall provide to
the Issuer of Licences:
a)
If applicable, the serial number of the Food Stand;
b)
A current list containing the name and address of every Person who will
be operating the Food Stand, which list may be used for notification
purposes in respect of health and/or public safety matters;
c)
If the Applicant intends to locate the Food Stand on any City Land or
Highway, a Stand or Vehicle Placement Agreement with the City;
d)
If the Applicant intends to locate the Food Stand on Land of some Person
other than the City, written permission from the Owner of the Land;
36
e)
A list of the types of Food to be Provided for Sale or Sold, specifying the
source of the Food and identifying Food that will be refrigerated or
heated as part of the operation of the Food Stand; and
f)
A spill containment plan including a description of how and where grease
and grey water will be disposed of.
g)
In addition to all other requirements of this By-law, every Applicant for
renewal of a Business Licence in respect of a Food Stand shall provide to
the Issuer of Licences any information listed in the previous section that
has changed since issuance of the initial Business Licence.
In addition to all other requirements of this By-law, every Applicant for
renewal of a Business Licence in respect of a Food Stand shall provide to the
Issuer of Licences any information listed in the previous section that has
changed since issuance of the initial Business Licence.
Business Licence for a Food Stand
Unless otherwise provided herein, a separate Business Licence is required for
each Food Stand.
Notwithstanding the other provisions of this By-law, the Issuer of Licenses
may issue Short-term Licences or Event Licences instead of the usual type of
Business Licences in respect of Food Stands, and may issue them prior to
receipt of any Inspections that would ordinarily be required. Except as
resulting from their short-term natures, or as provided in this Schedule 6,
Short-term Licences and Event Licences shall, in all other respects, be the
same, and shall be treated the same, as the usual type of Business Licences.
he Issuer of Licences may issue a Business Licence:
a)
In respect of an individual Food Stand for up to a full year;
b)
In respect of an individual Food Stand for periods of up to three days for
up to four times in a year;
c)
In respect of an individual Food Stand at a specific event for a specific
period; and
d)
In respect of all Food Stands at a specific event for a specific period.
Without limiting any other provision of this By-law, a Person shall be deemed
to be engaged in the Business of Selling Food from a Food Stand if the
Person is the registered owner of the Food Stand.
A Licensee in respect of a Food Stand who has been authorized by Council to
operate in the Mixed Use Area in conjunction with a Downtown Event or
Special Event, shall be exempt from the requirements of the provisions of
this Schedule prohibiting operation in the Mixed Use Area for the period of
time that Council has authorized such Licensee to operate in the Mixed Use
Area, but shall be required to comply with all other applicable requirements
of this By-law.
Location of the Food Stand
Every Food Stand Licensee shall:
a)
Place the Food Stand only at the location or locations identified on the
Business Licence or permitted under this By-law;
b)
Unless otherwise provided herein, ensure that the Food Stand is not
placed on any City Land or Highway until the Licensee has entered a
Stand or Vehicle Placement Agreement with the City in respect of such
placement;
37
c)
Ensure that placement of the Food Stand at the proposed location is
permitted under the Zoning By-law;
d)
Not locate the Food Stand in such a manner that it unreasonably
confines, impedes or presents a hazard to pedestrians or other users of
any City Land or Highway;
e)
Ensure that, if the Food Stand is placed on any City Land or Highway, it
occupies no more than 2.3 square metres (25 square feet);
f)
Maintain, at the Licensee's own expense, any City Land or Highway on
which the Licensee's Food Stand operates, in a clean, sanitary, neat and
undisturbed condition; and
g)
Promptly vacate, and remove the Food Stand from, any City Land or
Highway, at the request of the City at any time when the City requires
such area for a parade, a Special Event, public safety, pedestrian or
vehicular traffic, or any municipal purpose.
Identification at the Food Stand
Every Food Stand Licensee shall ensure that, except in the case of a Business
Licence applying to all Food Stands at an event, and notwithstanding Section
19(a) of this By-law, the Business Licence relating to the Food Stand is
affixed to it in a conspicuous place clearly visible to the public at all times
during the Hours of Operation of the Business.
Operation of the Food Stand
Every Food Stand Licensee shall ensure that:
a)
Only the types of Food on the list submitted with the application for the
Business Licence are Provided for Sale or Sold;
b)
At least one refuse container is made available to customers of the Food
Stand, to the satisfaction of the City; and
c)
The Licensee's refuse container, together with all waste collected in it or
accumulated in the surrounding area, is removed upon leaving.
Condition of the Food Stand
Every Food Stand Licensee shall:
a)
Maintain the Food Stand in a clean and orderly condition and in good
repair, to the satisfaction of the City;
b)
Ensure that any propane tank used in the Food Stand is affixed to the
Food Stand and is covered so that no unauthorized person can touch the
valves; and
c)
Ensure that the Food Stand is equipped and maintained with a clean
compartment for the storage of Food.
Food Vehicles
Application for a Business Licence for a Food Vehicle
In addition to all other requirements of this By-law, every Applicant for an
inspection or a Business Licence in respect of a Food Vehicle shall provide to
the Issuer of Licences:
a)
If applicable, the serial number of the Food Vehicle;
b)
A current list containing the name and address of every Person who will
be operating the Food Vehicle, which list may be used for notification
purposes in respect of health and/or public safety matters;
38
c)
If the Applicant intends to locate the Food Vehicle on any City Land or
Highway, a Stand or Vehicle Placement Agreement with the City;
d)
If the Applicant intends to locate the Food Vehicle on Land of some
Person other than the City, written permission from the Owner of the
Land;
e)
A list of the types of Food to be Provided for Sale or Sold, specifying the
source of the Food and identifying Food that will be refrigerated or
heated as part of the operation of the Food Vehicle;
f)
A spill containment plan including a description of how and where grease
and grey water will be disposed of;
g)
A photo of the Food Vehicle and a description of its type;
h)
The location where the Food Vehicle will be parked or stored when not in
use; and
i)
For a Food Vehicle that is subject to Director's Order FS-056-06 (issued
under the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16
and its regulations), as amended or replaced from time to time, a
completed inspection certificate and information fact sheet issued no
more than 36 days before the application for a Business Licence or for is
submitted.
In addition to all other requirements of this By-law, every Applicant for
renewal of a Business Licence in respect of a Food Vehicle shall provide to
the Issuer of Licences:
a)
Any information listed in the preceding section that has changed since
issuance of the initial Business Licence; and
b)
For a Food Vehicle that is subject to Director's Order FS-056-06 (issued
under the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16
and its regulations), as amended or replaced from time to time, a
completed inspection certificate and information fact sheet issued no
more than 36 days before the application for a renewal is submitted.
Special Application Requirements for an Ice Cream Truck
In addition to all other requirements of this By-law, every Applicant for an
inspection, a Business Licence or a renewal of a Business Licence in respect
of an Ice Cream Truck shall provide to the Issuer of Licences:
a)
One passport-sized photograph of each Person who will be operating the
Ice Cream Truck; and
b)
A criminal records check for every individual who will operate it.
Business Licence for a Food Vehicle
Unless otherwise provided herein, a separate Business Licence is required for
each Food Vehicle.
Notwithstanding the other provisions of this By-law, the Issuer of Licenses
may issue Short-term Licences or Event Licences instead of the usual type of
Business Licences in respect of Food Vehicles, and may issue them prior to
receipt of any Inspections that would ordinarily be required. Except as
resulting from their short-term natures, or as provided in this Schedule 6,
Short-term Licences and Event Licences shall, in all other respects, be the
same, and shall be treated the same, as the usual type of Business Licences.
The Issuer of Licences may issue a Business Licence:
a)
In respect of an individual Food Vehicle for up to a full year;
39
b)
In respect of an individual Food Vehicle for periods of up to three days for
up to four times in a year;
c)
In respect of an individual Food Vehicle at a specific event for a specific
period; and
d)
In respect of all Food Vehicles at a specific event for a specific period.
Without limiting any other provision of this By-law, a Person shall be deemed
to be engaged in the Business of Selling Food from a Food Vehicle if the
Person is the registered owner of the Food Vehicle.
A Licensee in respect of a Food Vehicle who has been authorized by Council
to operate in the Mixed Use Area in conjunction with a Downtown Event or
Special Event, shall be exempt from the requirements of the provisions of
this Schedule prohibiting operation in the Mixed Use Area for the period of
time that Council has authorized such Licensee to operate in the Mixed Use
Area, but shall be required to comply with all other applicable requirements
of this By-law.
Location of the Food Vehicle
Every Food Vehicle Licensee shall:
a)
Place the Food Vehicle only at the location or locations identified on the
Business Licence or permitted under this By-law;
b)
Unless otherwise provided herein, ensure that the Food Vehicle is not
placed on any City Land or Highway until the Licensee has entered a
Stand or Vehicle Placement Agreement with the City in respect of such
placement;
c)
Ensure that placement of the Food Vehicle at the proposed location is
permitted under the Zoning By-law;
d)
Not locate the Food Vehicle in such a manner that it unreasonably
confines, impedes or presents a hazard to pedestrians or other users of
any City Land or Highway;
e)
Ensure that, if the Food Vehicle is placed on any City Land or Highway, it
occupies no more than 2.3 square metres (25 square feet);
f)
Maintain, at the Licensee's own expense, any City Land or Highway on
which the Licensee's Food Vehicle operates, in a clean, sanitary, neat and
undisturbed condition; and
g)
Promptly vacate, and remove the Food Vehicle from, any City Land or
Highway, at the request of the City at any time when the City requires
such area for a parade, a Special Event, public safety, pedestrian or
vehicular traffic, or any municipal purpose.
Special Location and Timing Requirements - Food Trucks Other Than Ice
Cream Trucks
If a Food Truck other than an Ice Cream Truck is permitted to be used to
Provide for Sale or Sell Food as part of a Downtown Event, Private Event or
Special Event, then the Licensee shall ensure that such participating Food
Truck complies with all special location, timing and other requirements of the
Event Food Licence and this By-law.
If a Food Truck other than an Ice Cream Truck is permitted to be used to
Provide for Sale or Sell Food, not as part of a Downtown Event, Private Event
or Special Event, then the Licensee shall ensure that the applicable special
location, timing and other requirements in the following table are complied
with:
40
Highway
Land
Mixed Use
Area
X
Only if:
a)
permitted under the
Zoning Bylaw,
b)
more than 22.86
metres (75 feet) from
any corner of any
intersection
(measured as
indicated on the
attached Appendix 1
of Schedule 6),
c)
more than 15.24
metres (50 feet) from
the nearest edge of
the Roadway
(measured as
indicated on the
attached Appendix 1
of Schedule 6),
d)
not on any Land
where, due to the
area occupied by the
vehicle, the minimum
parking space
requirement for said
Land is not in
compliance with the
Zoning By-law,
e)
with the written
approval of the
Owner of the Land,
and f. for up to 8
hours per day.
Residential
Area
Only if:
a)
permitted under
the City's Traffic
By-law,
b)
for a maximum of
8 hours from time
of initial arrival,
c)
to provide catered
Food for a Private
Event in which no
public Sales are
permitted,
d)
within the hours of
7:00 a.m. to
11:00 p.m., and
e)
the vehicle is not
used to provide
catered Food on
the same Highway
more than once
per month.
X
Other Area Only if:
a)
the Highway is not
an Arterial Road,
b)
permitted under
the City's Traffic
By-law,
c)
for a maximum of
8 hours from time
Only if:
a)
permitted under the
Zoning Bylaw,
b)
more than 22.86
metres (75 feet) from
any corner of any
intersection
(measured as
41
Highway
Land
of initial arrival,
and
d)
within the hours of
7:00 a.m. to
11:00 p.m.
indicated on the
attached Appendix 1
of Schedule 6),
c)
more than 15.24
metres (50 feet) from
the nearest edge of
the Roadway
(measured as
indicated on the
attached Appendix 1
of Schedule 6),
d)
not on any Land
where, due to the
area occupied by the
vehicle, the minimum
parking space
requirement for said
Land is not in
compliance with the
Zoning Bylaw,
e)
with the written
approval of the
Owner of the Land,
and
f)
for up to 8 hours per
day.
Business Licences may be issued in respect of Food Trucks other than Ice
Cream Trucks for an on-street parking space on Wyndham Street adjacent to
the Wyndham Street Parking Lot and for an on-street parking space on
Wyndham Street adjacent to the Fountain Street Parking Lot.
Special Location and Timing Requirements - Ice Cream Trucks
If an Ice Cream Truck is permitted to be used to Provide for Sale or Sell Food
as part of a Downtown Event, Private Event or Special Event, then the
Licensee shall ensure that such participating Ice Cream Truck complies with
all special location, timing and other requirements of the Event Food Licence
and this By- law.
If an Ice Cream Truck is permitted to be used to Provide for Sale or Sell
Food, not as part of a Downtown Event, Private Event or Special Event, then
the Licensee shall ensure that the applicable special location, timing and
other requirements in the following table are complied with:
Highway
Land
Mixed Use
Area
X
X
Residential
Area
a)
If the vehicle is
being used to
provide catered
Food for a Private
Event in which no
public Sales are
permitted, the
vehicle may be
parked on the
Highway only:
i.
for a maximum of 8
hours from time of
initial arrival,
X
42
Highway
Land
ii.
within the hours of
9:00 a.m. to 8:00
p.m., and
iii.
not more than once
per month on the
same Highway.
b)
If the vehicle is not
being used to
provide catering as
described above,
the vehicle may be
parked on the
Highway, only:
i.
if permitted under
the City's Traffic
By-law,
ii.
for a maximum of
15 minutes at any
one location,
iii.
at least 6 metres
from an
intersection,
iv.
at least 100 metres
from any park,
school, place of
worship or hospital
measured along the
most direct route
from the nearest
point of the park,
school, place of
worship or hospital
boundary to the
nearest point on
the vehicle, unless
the Owner of the
affected park,
school, place of
worship or hospital
has given written
permission for the
vehicle to operate
within 100 metres,
and
v.
at least 100 metres
from the boundary
of a Special Event
or Private Event in
respect of which a
permit has been
issued, measured
along the most
direct route from
the nearest point of
the Special Event
or Private Event
boundary to the
nearest point on
the vehicle, except
when the Licensee
holds the
43
Highway
Land
appropriate Event
Food Licence.
Other Area
Only if:
a)
permitted under the
City's Traffic By-law,
b)
for a maximum of 8
hours from time of
initial arrival, and
c)
within the hours of
9:00 a.m. to 8:00
p.m.
Only if:
a)
permitted under the
Zoning By-law,
b)
more than 22.86
metres (75 feet)
from any corner of
any intersection
(measured as
indicated on the
attached Appendix 1
of Schedule 6),
c)
more than 15.24
metres (50 feet)
from the nearest
edge of the
Roadway (measured
as indicated on the
attached Appendix 1
of Schedule 6),
d)
not on any Land
where, due to the
area occupied by
the vehicle, the
minimum parking
space requirement
for said Land is not
in compliance with
the Zoning By-law,
e)
with the written
approval of the
Owner of the Land,
and f. for up to 8
hours per day.
Business Licences may be issued in respect of Ice Cream Trucks for an on-
street parking space on Wyndham Street adjacent to the Wyndham Street
Parking Lot and for an on-street parking space on Wyndham Street adjacent
to the Fountain Street Parking Lot.
Identification at the Food Vehicle
Every Food Vehicle Licensee shall ensure that:
a)
Except in the case of a Business Licence applying to all Food Vehicles at
an event, and notwithstanding Section 19(a) of this By-law, the
Business Licence relating to the Food Vehicle is affixed to it in a
conspicuous place clearly visible to the public at all times during the
Hours of Operation of the Business; and
b)
The Food Vehicle Plate relating to the Food Vehicle is affixed to the rear
exterior of the Food Vehicle, or to another location on the Food Vehicle
approved in advance by the Issuer of Licences, and clearly visible in its
entirety at all times.
Operation of the Food Vehicle
Every Food Vehicle Licensee shall ensure that:
44
a)
Only the types of Food on the list submitted with the application for
the Business Licence are Provided for Sale or Sold;
b)
At least one refuse container is made available to customers of the
Food Vehicle, to the satisfaction of the City;
c)
The Licensee's refuse container, together with all waste collected in
it or accumulated in the surrounding area, is removed upon
leaving;
d)
All applicable statutes, regulations and by-laws governing driving,
stopping or parking the Food Vehicle are complied with at all times;
e)
There is no crying of wares, sounding of chimes or use of similar
means to attract attention:
i.
while the Food Vehicle is in motion, or
ii.
for more than 5 seconds at intervals of not less than 5 minutes;
f)
No Food is Provided for Sale or Sold to any customer who is
standing on a Roadway;
g)
All children and customers are safely away from the Food Vehicle
before it is put in motion;
h)
The Food Vehicle is not washed or repaired while on a Highway
except, in the case of repair, when repair is necessary to move the
Food Vehicle off the Highway; and
i)
The Food Vehicle, if driven, is driven by a person holding a current,
valid provincial driver's licence.
Special Operation Requirements for Refreshment Trucks
Every Refreshment Truck Licensee shall ensure that:
a)
Other than hot beverages, only pre-packaged Food items are
Provided for Sale or Sold from the Refreshment Truck;
b)
All pre-packaged Food items are pre-packaged in individual
servings with the date of preparation of each Food item clearly
displayed on the package;
c)
No Food is prepared in the Refreshment Truck, except hot
beverages;
d)
No Food item is Provided for Sale or Sold from the Refreshment
Truck:
i.
At any location other than industrial or commercial
establishments or construction sites, or
ii.
To the general public;
e)
The Refreshment Truck is not used to provide Food while it is on
any Highway; and
f)
The Refreshment Truck does not remain in any particular location,
providing Service to customers, for more than 30 minutes.
Condition of the Food Vehicle
Every Food Vehicle Licensee shall ensure that:
a)
The Food Vehicle is maintained in a clean and orderly condition
and in good repair, to the satisfaction of the City;
45
b)
Any propane tank used in the Food Vehicle is affixed to the Food
Vehicle and is covered so that no unauthorized person can touch
the valves;
c)
The Food Vehicle is equipped and maintained with a clean
compartment for the storage of Food;
d)
The Food Vehicle contains a sink with hot and cold running water;
e)
Any idling of any internal combustion engine associated with the
operation of the Food Vehicle complies with the City's Idling By-law
Number (1998)- 15945, as amended;
f)
The Food Vehicle is adequately lighted and ventilated;
g)
The Food Vehicle is in a safe mechanical condition before it is
moved;
h)
The Food Vehicle bears the business name of the Food Vehicle
Licensee, which is displayed:
i.
on both sides of the Food Vehicle or on another location as
approved in advance by the Issuer of Licences,
ii.
in letters and numbers at least 18 centimetres in height,
iii.
in a colour that contrasts with the background colour, and
iv.
so as to be plainly visible in its entirety at all times;
Special Condition Requirements for an Ice Cream Truck
Every Ice Cream Truck Licensee shall ensure that the Ice Cream Truck is
equipped and maintained with:
a)
A clean refrigerated compartment for the storage of Food;
b)
A "Watch For Children" warning sign in readily legible black letters at
least 15 centimetres high on a yellow background that is affixed to the
rear exterior of the Ice Cream Truck and plainly visible in its entirety at
all times;
c)
A minimum of two amber lights on top, placed as to be readily visible by
a Person 1.5 metres in height standing 1.2 metres in front of or behind
the vehicle, that flash when the Ice Cream Truck stops to Provide for Sale
or Sell; and
d)
A rear bumper having an angled cover on top designed and placed so as
to prevent a child from standing or sitting on top.
46
Measurement of Distance from Travelled Portion of Roadway Allowance
47
Areas within the City
48
Schedule 7 to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2010)-18949; (2012)-19396]
Holistic Services
The provisions of this Schedule shall apply in respect of Holistic Services.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings;
a)
"Energy or Life-Force Therapies" include but are not limited to the
laying on of hands, and therapeutic non-touch;
b)
"Establishment" means any Premise in which any Holistic Service is
provided, and includes all of the Premise in which an Owner has an
interest;
c)
"Herbal or botanical therapies" means an attempt to improve
health through the use of herbs or plants;
d)
"Holistic Service" means any Service that is a complementary or
alternative healing modality including, but not limited to:
-
Energy or Life-Force Therapies;
-
Herbal/Botanical Therapies;
-
and, Physical Therapies;
but does not include:
-
Psychological Therapies;
-
Services which are only mobile in nature and Provided on a
voluntary, without fee, basis; or
-
Medical or therapeutic treatment performed, offered or solicited
and performed or offered by persons duly qualified, licensed or
registered to do so under a statute of Ontario;
e)
"Hours of Operation" when used in this By-law in relation to a
Holistic Services Establishment, means the hours of operation as
set out on the Business Licence issued to the Owner for the Holistic
Services Establishment;
f)
"Massage" includes the kneading, manipulating, rubbing,
massaging, touching, or stimulating by any means, of a person's
body or part thereof;
g)
"Operator" means a Person who, alone or with others, manages,
supervises, runs or directs the operation of a Holistic Services
Establishment, or who directs the activities of a Practitioner, and
"Operate" and "Operating" shall have corresponding meanings;
h)
"Owner" means a Person who, alone or with others, owns or
controls a Holistic Services Establishment or who directs the
activities of an Operator, and "Own" and "Owning" shall have
corresponding meanings;
i)
"Operator Licensee" means any Person who holds a Business
Licence as an Operator of a Holistic Services Establishment;
j)
"Owner Licensee" means any Person who holds a Business Licence
as an Owner of a Holistic Services Establishment;
49
k)
"Photo Identification Tag" means the card issued by the City as
part of the Business Licence with the photo of the Licensee made
from passport size photos provided by the Applicant;
l)
"Physical Therapies" means therapies designed to improve health
or relieve stress and which involve the manipulation, or touch of
the body and include, but are not limited to, aromatherapy, colonic
irrigation, hydrotherapy, lymphatic drainage, Massage, reflexology,
and shiatsu;
m)
"Practitioner" means a person who Provides or offers to Provide any
Holistic Service;
n)
"Practitioner Licensee" means any Person who holds a Business
Licence as a Practitioner in relation to any Holistic Services
Establishment; and,
o)
"Psychological therapies" means any Service that is a
complementary or alternative healing modality, primarily dealing
with behaviour modification and treated through mental and/ or
mind-body control.
Business Licences Required [Amended by By-Law (2012)-19396]
a)
All Owners, Operators and Practitioners are to be individually licensed,
except where the Owner and Operator is one in the same and they may
apply for a combined license as an Owner and Operator, and except
where the Owner, and Practitioner is one in the same and they may apply
for a combined license as an Owner and Practitioner; and except where
the Operator, and Practitioner is one in the same and they may apply for
a combined license as an Operator and Practitioner; and except where
the Owner, Operator and Practitioner is one in the same and they may
apply for a combined license as an Owner, Operator and Practitioner.
b)
Without limiting any other provision of this Schedule or the By-law,,
every Business Licence issued for an Owner, Operator or Practitioner of a
Holistic Services Establishment is only valid for a single Holistic Services
Establishment at a single location and, as such, each Business Licence
shall indicate the location of the Holistic Services Establishment for which
the Business Licence is valid.
c)
All Business Licences issued to an Operator or Practitioner of a Holistic
Services Establishment are valid only for the time during which the
Business Licence issued to the Owner of the Holistic Services
Establishment is valid. If the Business Licence issued to the Owner
ceases to be valid at any time, the Business Licence(s) issued to the
Operator(s) and Practitioner(s) shall also cease to be valid.
d)
No Business Licence issued to an Owner, Operator or Practitioner of a
Holistic Services Establishment is transferable or assignable and if any
Licensee ceases to maintain an interest or employment in the Holistic
Services Establishment to which his or her Business Licence applies,
then, notwithstanding any other provision of this By-law, such Business
Licence shall be deemed to be revoked.
e)
Every Operator Licensee or Practitioner Licensee of a Holistic Services
Establishment shall inform the Issuer of Licences within fifteen (15) days
of terminating their employment with any Owner Licensee or Holistic
Services Establishment.
f)
Where a Holistic Services Establishment and a Personal Service
Establishment occupy the same premises, and are under the same
ownership, and are operated as one business, both licenses are required
and all the conditions in both schedules shall apply. However, only the
50
greater of the two inspection fees and licence application fees shall be
required to be submitted to the City.
Application Requirements [Amended by By-Law (2011)-19262]
Except in the case where the Owner and Operator is one and the same, or
where an Owner and Practitioner are one and the same, no application for a
Business Licence for an Operator or Practitioner of a Holistic Services
Establishment shall be accepted until a Business Licence has been issued to
the Owner of the said Holistic Services Establishment.
a)
In addition to all other requirements of this By-law, every Owner and
Operator of a Holistic Services Establishment, and every Practitioner in a
Holistic Services Establishment, shall submit as part of their application
for a Business Licence or for renewal thereof, one (1) valid piece of
Identification of the Applicant.
b)
Where the applicant is a partnership or corporation, Identification shall be
provided by the person attending on behalf of the partnership or
corporation to submit the application.
In addition to all other requirements of this By-law:
a)
every Practitioner in any Holistic Services Establishment shall submit the
following as part of their application for a Business License or for renewal
thereof:
i.
2 passport issued photographs to be used by the City in providing
the Applicant with a City issued photo identification tag, upon
issuance of the Business Licence;
ii.
Evidence satisfactory to the Issuer of Licences that the
Practitioner is a member in good standing in a Holistic Services
association or regulatory body relevant to the Holistic Service
they intend to provide, as listed on Appendix "A" to this Schedule,
or an equivalent association or regulatory body that has been
approved by the Issues of Licences, including contact information
for such association or regulatory body; or
iii.
Copy of professional liability insurance related to the Holistic
Service(s) for which they are permitted to practice; and
iv.
Written authorization from the Owner stating that they will be
employed as a Practioner in the Owner's licensed Holistic Services
Establishment
b)
i.
Includes as part of the curriculum the Holistic Service(s) they
intend to provide; and
ii.
If required by law, is a program approved by the Ontario Ministry
of Training, Colleges and Universities
Every Applicant for a Business Licence for an Owner, Operator or Practitioner
of a Holistic Services Establishment shall appear in person at the Office of the
Issuer of Licences to submit the application, provided that:
a)
in the case of a Holistic Services Establishment Owned by a partnership
such appearance shall be made by one of the partners, provided that the
application for a Business Licence has been signed by all of the partners;
and,
b)
in the case of a Holistic Services Establishment Owned by a corporation,
such appearance shall be made by an officer of the corporation, provided
51
that the application for a Business Licence has been signed by the
authorized signing officers of the corporation.
Without limiting any other provision of this Schedule or the By-law, no
Business Licence shall be issued to the Owner of a Holistic Services
Establishment until the Floor Plan is approved by the Issuer of Licences
Application Restrictions
An application for a Business Licence for a Practitioner or Operator of a
Holistic Services Establishment may not be made by a partnership or
corporation.
Hours of Operation
a)
Holistic Services Establishments may only be open for business between
the hours of 8:00 a.m. and 10:00 p.m.
b)
Notwithstanding sub-section 9(a) of this Schedule, every Owner Licensee
and Operator Licensee shall ensure that the Holistic Services
Establishment that they Own or Operate is not open for business, and
that no Goods or Services are Provided in such Establishment, outside of
the Hours of Operation.
c)
Notwithstanding sub-section 9(a) of this Schedule, no Practitioner
Licensee shall provide any Goods or Services in a Holistic Services
Establishment, outside of the Hours of Operation.
Required Signage
Every Owner Licensee and Operator Licensee shall ensure that:
a)
a list of all Services Provided by the Holistic Services Establishment and a
fees list for those Services, are posted in a conspicuous location within
the Establishment and clearly visible to all persons entering any Principal
Entrance of the Holistic Services Establishment as identified in the Floor
Plan; and,
b)
only those Services set out in the posted list of Services required in sub-
section 10(a) of this Schedule, are Provided in the Holistic Services
Establishment, and only the fees set out on the fees list, required in sub-
section 10(a) of this Schedule, are charged for the respective Services.
Photo Identification
Every Operator Licensee and Practitioner Licensee shall make available for
inspection, upon request by any person, his or her photo identification tag.
Operational Requirements
Every Owner Licensee and Operator Licensee shall ensure that:
a)
no Adult Entertainment Goods or Adult Entertainment Services are
Provided in the Holistic Services Establishment;
b)
every Practitioner operating in the Holistic Services Establishment is
Licensed;
c)
no Practitioner or other person within the Holistic Services Establishment
is Nude in any portion of the Establishment except for in the washrooms,
showers, shower washrooms and sauna baths as identified on the Floor
Plan;
d)
every Practitioner remains a member in good standing of a Holistic
Services association or regulatory body as listed on Appendix "A" to this
Schedule, or of an equivalent association or regulatory body that has
been approved by the Issuer of Licences;
52
e)
the Holistic Services Establishment is at all times in compliance with the
Health Protection and Promotion Act, R.S.O.1990, c. H.7, and regulations
thereto, as amended from time to time, and any successor thereof;
f)
no Practitioner Provides Goods or Services in any room, cubicle,
enclosure, partitioned area or other space within the Holistic Services
Establishment that is not designated as a room for such use on the Floor
Plan; and,
g)
no persons other than staff enter the Holistic Services Establishment
except through a Principal Entrance as identified in the Floor Plan.
Every Owner Licensee shall ensure that:
a)
every Operator acting in the Holistic Services Establishment is licensed;
and,
b)
a list of all operators and practitioners acting in the Holistic Services
Establishment is provided to the Issuer of Licences within 7 days of the
issuance of the Business Licence to the Owner.
Every Practitioner Licensee shall:
a)
maintain at all times, a membership in good standing in a Holistic
Services association or regulatory body listed in Appendix "A" hereto, or
in an equivalent association or regulatory body that has been approved
by the Issuer of Licences;
b)
maintain in effect professional liability insurance to cover their provision
of Holistic Services as a Practitioner; and
c)
only Provide the Services that are posted in the Holistic Services
Establishment pursuant to sub-section 10(a) of this Schedule and shall
only charge the fees for such Services that are indicated on the fees list
posted in the Holistic Services Establishment as required by sub-section
10(a).
No Practitioner Licensee shall:
a)
Provide any Goods or Services in any room, cubicle, enclosure,
partitioned area or other space within the Holistic Services Establishment
that is not designated as a room for such use on the Floor Plan;
b)
be Nude in any portion of the Holistic Services Establishment except for
in the washrooms, showers, and shower washrooms as identified in the
Floor Plan;
c)
Provide any Adult Entertainment Good or Adult Entertainment Service in
the Holistic Services Establishment; or,
d)
Provide any Goods or Services in any room cubicle, enclosure, partitioned
area or other space within the Holistic Services Establishment, when the
access to such room, cubicle, enclosure, partitioned area or other space
is obstructed or when the door to such room, cubicle, enclosure,
partitioned area or other space contains a lock, locking mechanism or
any other device designed to delay or hinder anyone from entering or
obtaining access to such area.
Design of Premises
Every Owner Licensee of a Holistic Services Establishment shall ensure that:
a)
the Holistic Services Establishment is designed in accordance with the
licence application documents, and the provisions of this Schedule, and in
accordance with all other applicable legislation, including City By-laws, in
effect from time to time; and
53
b)
all washrooms, showers, shower-washrooms, and sauna baths identified
on the Floor Plan, are separate and apart from, and not contained within
the rooms in which Services are Provided.
Every Owner Licensee and Operator Licensee shall ensure that:
a)
all doors or other means of access to every room cubicle, enclosure,
practitioner area or other space within the Holistic Services
Establishment, other than washrooms and shower-washrooms, are
unobstructed and that such doors or other means of access do not
contain any lock or device of any kind that could delay or hinder anyone
from entering or obtaining access to such area;
b)
during the Hours of Operation of the Holistic Services Establishment,
every Principal Entrance as identified in the Floor Plan is unlocked and
accessible so that anyone may enter therein without hindrance or delay;
and,
c)
no part of the Holistic Services Establishment contains any furniture
which is commonly used for sleeping purposes, except that Service
area(s) as designated on the Floor Plan, may be provided with a
treatment table, examination table, or seating as required for
consultation or treatment purposes only.
Every Owner Licensee and Operator Licensee shall ensure that:
a)
every contact surface, equipment, fixture, table, mat and any other
surface upon which any person lies, sits or otherwise contacts while being
Provided any Service in the Holistic Services Establishment is in good
repair and is constructed of impervious material that is able to be readily
cleaned and sanitized after each customer's use;
b)
every contact surface, equipment, fixture, table, mat and any other
surface upon which a Person lies, sits or otherwise contacts while being
Provided any Services in the Holistic Services Establishment is cleaned in
accordance with Provincial Infectious Diseases Advisory Committee "Best
Practices for Cleaning, Disinfection and Sterilization" dated March 2006
and amended from time to time;
c)
every contact surface as set out in sub-section 18(a) of this Schedule is
covered with a clean individual paper or cloth sheet that is replaced after
each customer;
d)
all linens are laundered after each use;
e)
clean and used or soiled linens are kept separate at all times;
f)
the Holistic Services Establishment is equipped with adequate toilet and
washroom accommodations pursuant to the Ontario Building Code Act,
1992, S.O. 1992, c. 23, and regulations thereto, as amended from time
to time, and any successor thereof, and that those facilities are available
and accessible to staff and clients at all times;
g)
the facilities set out in sub-section 18(f) of this schedule are equipped at
all times with:
i.
a hand washing basin that has a supply of hot and cold water;
ii.
liquid soap in a dispenser;
iii.
hot air dryers or clean single service towels or disposable paper
towels; and
iv.
and a receptacle for used towels and waste material;
h)
in all shower-bathrooms and all sauna-bath rooms within the Holistic
Services Establishment:
54
i.
the floors are disinfected at least once a day with a disinfecting
solution in accordance with the Provincial Infectious Diseases
Advisory Committee "Best Practices for Cleaning, Disinfection and
Sterilization" dated March 2006 and amended from time to time;
ii.
the showers and sauna baths have removable cleanable drain
covers; and
iii.
all floor surfaces both inside and outside of such enclosures are of
a non-absorbent and non-slip type;
i)
the Holistic Services Establishment is equipped with a first-aid kit with all
items set out in Appendix "B" to this Schedule and that such kit is readily
accessible by all staff of the Holistic Services Establishment at all times;
j)
except for Service areas and washrooms, shower rooms and sauna baths
as designated on the Floor Plan, all window openings in the Holistic
Services Establishment shall be uncovered, transparent clear glass only
and the view through the windows to the interior of the Establishment
shall remain unobstructed; and
k)
no Service is visible from outside the Holistic Services Establishment.
Home Occupations - Exceptions
Where a Holistic Services Establishment is operated as a home occupation as
defined in the Zoning By-law, subsection 18(j) of this Schedule does not
apply.
55
Schedule 7
Appendix "A" of City of Guelph By-law Number (2009)-18855
Holistic Services
List of Professional Holistic Associations and Bodies
The Therapeutic Touch Network of Ontario
Shiatsu Therapy Association of Ontario
Healing Touch Association of Canada, Inc.
Canadian Federation of Aromatherapists
Association of Massage Therapist and Wholistic Practitioners (AMTWP)
The Ontario Herbalist Association
Ontario Polarity Therapy Association
Trager Canada
Reflexology Registration Council of Ontario (RRCO)
Canadian Reiki Association
International Association of Rubenfield Synergists
Examining Board of Natural Medicine Practitioners
Shiatsu Diffusion Society
Canadian Examining Board of Health Care Practitioners Inc.
Shiatsu Society of Ontario
World Peace and Natural Health Association
Feldenkrais Guild of North America
The Iridologists Association of Canada
International Organization of Nutritional Consultants
Canadian Hand Reflexology and Holistic Association
Health and Healing Holistic Association
The Japanese Shiatsu & Holistic Medicine Society of Canada
Shiatsu Therapists Alliance (Toronto)
International Aromatherapists and Tutors Association Canada Inc.
International Council of Ayurvedic Physicians Inc.
Preventative Health Services Group
National Association of Holistic Health Practitioners
56
Schedule 7
Appendix "B" of City of Guelph By-law Number (2009)-18855
Holistic Services
First Aid Kit Requirements
-
A current copy of St Johns Ambulance or the Canadian Red Cross Society
First Aid Manual
-
One dozen safety pins
-
Twenty four adhesive dressings individually wrapped
-
Twelve sterile gauze pads - each seventy five millimeters square
-
Four rolls of 50mm gauze bandage
-
Four rolls of 100mm gauze bandage
-
Four sterile surgical pads suitable for pressure dressings individually wrapped
-
Six triangular bandages
57
Schedule 8 to City of Guelph By-law Number (2009)-18855
Hotel Establishments
The provisions of this Schedule shall apply in respect of Hotel Establishments.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
term shall have the corresponding meaning:
a)
"Hotel" includes a motel and means any Premises in which is
provided four (4) or more rooms for overnight accommodation of
the travelling public.
Application for Business Licence
In addition to Section 4(a)(iv) of this By-law, every Floor Plan for a Hotel
shall include all swimming pools on the Premises.
Conditions
Every Hotel Establishment Licensee shall keep and maintain a Register of
guests which may be used for notification purposes of health and/or public
safety matters
58
Schedule 9 to City of Guelph By-law Number (2009)-18855
[Amended by By-Law (2020)-20525]
Pawnbrokers
The provisions of this Schedule shall apply in respect of Pawnbrokers.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Pawnbroker" means any Person who carries on the business of
taking by way of pawn or pledge any article for the repayment of
money lent thereon.
Conditions
Every Licensee shall comply will all the provisions of the Pawnbrokers Act
R.S.O. 1990, C. P.6, as amended from time to time or any successor thereof
(the "Pawnbrokers Act").
a)
Pursuant to the Pawnbrokers Act, every Pawnbroker Licensee shall give
to the City, security to the satisfaction of the Director of Finance in the
specified fee amount, for the due observance by the Pawnbroker of The
Pawnbrokers Act;
b)
No Pawnbroker Licensee shall purchase or acquire, from any Person, any
article or object on which the serial number has been obliterated or
mutilated, without first having given the Chief of Police 24 hours prior
notice of such intended purchases or acquisitions;
c)
Every Pawnbroker Licensee who has reasonable cause to suspect that an
article offered to the Pawnbroker has been stolen or otherwise unlawfully
obtained, shall forthwith report the matter to a member of the Guelph
Police Service, or the Chief of Police.
d)
Notwithstanding any other provision of this By-law, in accordance with
the Pawnbrokers Act, no application for a Business Licence or renewal of
a Business Licence for a Pawnbroker shall be refused by the Issuer of
Licences until after the Applicant has been afforded a hearing by the
Appeals Committee, and Sections 34 to 37 of this By-law shall apply to
any such hearings.
59
Schedule 10 to City Of Guelph By-Law Number (2009)-18855
Personal Service Establishment
The provisions of this Schedule shall apply in respect of Personal Service
Establishments.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Aesthetician Salon" means any Premises wherein is provided for
hire or gain facials, waxing, manicures, pedicures, electrolysis or
tanning;
b)
"Barbershop" means any Premises wherein is provided for hire or
gain the cutting, dressing, shampooing, adorning or beautifying of
hair or the scalp or the shaving and trimming of beards;
c)
"Electrolysis" means a process by which body hair is removed;
d)
"Hair Salon" means any Premises or part thereof wherein is
provided for hire or gain the cutting, dressing, shampooing,
adorning or beautifying of hair or the scalp and includes a
barbershop;
e)
"Hairstylist" means any person who performs the Services of
cutting, dressing, shampooing, adorning or beautifying hair or
scalps in a Hair Salon;
f)
"Personal Service Establishment" means any Premises in which is
provided Services, including, but not limited to activities, facilities,
or treatments for the improvement of a person's physical or
psychological health or appearance such as, but not limited to Hair
Salons, Tattoo Parlours, Tanning salons, Spas, Electrolysis, Piercing
and Aesthetician Salon;
g)
"Pierce" means the use of needles or other instruments to
permanently create a hole in or through the skin, for the purpose of
decorating such a hole with jewellery, hoops, studs or other
decorative items, and "Piercing" shall have the corresponding
meaning;
h)
"Spa" means the use of natural elements to enhance and manage
personal health and improve personal appearance and for the
purpose of this By-law "Beauty Spa and Health spa shall have the
same meaning;
i)
"Tanning" means to provide for use an area where ultra-violet or
other light sources are used to radiate the skin in an attempt to
produce changes in skin pigmentation, and also includes the
application or sale of artificial bronzing or tanning lotions designed
to change skin tone or colour; and,
j)
"Tattoo Parlour" means a Premises where an indelible figure is fixed
upon the body by the insertion of pigment under the skin.
Conditions
Where a Holistic Services Establishment and a Personal Service
Establishment occupy the same Premises, and are under the same
ownership, and are operated as one Business, both licenses are required and
all the conditions in both schedules shall apply. However, only the greater of
the two Business Licence fees shall be required to be submitted to the City.
60
Required Signage
Every Personal Services Establishment Licensee shall ensure that:
a)
a list of all Services Provided by the Personal Services Establishment and
a fees list for those Services, are posted in a conspicuous location within
the Personal Services Establishment and clearly visible to all persons
entering any Principal Entrance of the Establishment as identified in the
Floor Plan; and,
b)
only those Services set out in the posted list of Services required in sub-
section 3(a) of this Schedule, are Provided in the personal Services
Establishment, and only the fees set out on the fees list, required in sub-
section 3(a) of this Schedule, are charged for the respective Services.
Design of Premises
Every Owner Licensee and Operator Licensee shall ensure that:
a)
every contact surface, equipment, fixture, table, mat and any other
surface upon which any person lies, sits or otherwise contacts while being
Provided any Service in the Personal Services Establishment is in good
repair and is constructed of impervious material that is able to be readily
cleaned and sanitized after each customer's use;
b)
every contact surface, equipment, fixture, table, mat and any other
surface upon which a Person lies, sits or otherwise contacts while being
Provided any Services in the Personal Services Establishment is cleaned
in accordance with Provincial Infectious Diseases Advisory Committee
"Best Practices for Cleaning, Disinfection and Sterilization" dated March
2006 and amended from time to time;
c)
all linens are laundered after each use;
d)
clean and used or soiled linens are kept separate at all times;
e)
the Personal Services Establishment is equipped with adequate toilet and
washroom accommodations pursuant to the Ontario Building Code Act,
1992, S.O. 1992, c. 23, and regulations thereto, as amended from time
to time, and any successor thereof, and that those facilities are available
and accessible to staff and clients at all times;
f)
the facilities set out in sub-section 4(e) of this schedule are equipped at
all times with:
i.
a hand washing basin that has a supply of hot and cold water;
ii.
liquid soap in a dispenser;
iii.
hot air dryers or clean single service towels or disposable paper
towels; and
iv.
and a receptacle for used towels and waste material; and,
g)
the Personal Services Establishment is equipped with a first-aid kit with
all items set out in Appendix "A" to this Schedule and that such kit is
readily accessible by all staff of the Personal Services Establishment at all
times.
Hair Salon
a)
no Hair Salon Licensee shall act as a Hairstylist unless he or she is the
holder of a current certificate of qualification as a barber or hairdresser;
and
61
b)
every Hair Salon Licensee shall ensure that every Hairstylist operating in
the Hair Salon is the holder of a current certificate of qualification as a
barber or hairdresser;
Transition
a)
A Hair Salon Licence that is valid as of the effective date of this By-law
shall be transferred to a Personal Services Establishment Licence and the
Licensee shall comply with all applicable provisions of this By-law.
b)
Notwithstanding (a), the Licensee set out in (a) shall have until January
1, 2010 to comply with Subsections 4(e) and 4(f) of this schedule,
c)
The Licensee in (a) shall be required to renew the Personal Services
Establishment Business Licence prior to its expiry.
62
Schedule 10
Appendix "A" of City of Guelph By-law Number (2009)-18855
Personal Service Establishment
First Aid Kit Requirements
-
A current copy of St Johns Ambulance or the Canadian Red Cross Society
First Aid Manual
-
One dozen safety pins
-
Twenty four adhesive dressings individually wrapped
-
Twelve sterile gauze pads - each seventy five millimeters square
-
Four rolls of 50mm gauze bandage
-
Four rolls of 100mm gauze bandage
-
Four sterile surgical pads suitable for pressure dressings individually wrapped
-
Six triangular bandages
63
Schedule 11 to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2012)-19396; (2012)-19515]
Private Parking Agent
The provisions of this Schedule shall apply in respect of Private Parking Agents.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings for the purposes of this
Schedule:
a)
"Private Parking Agent - means any individual who issues any
notice or any correspondence to a Vehicle, driver, or registered
owner of a Vehicle regarding the parking of the Vehicle on private
property, that indicates that payment should or must be made in
respect of a parking infraction to either the City of Guelph or to any
other person(s) or organization;
b)
"Parking Infraction Notice" - means a parking infraction notice as
prescribed in the Provincial Offences Act, R.S.O. 1990, c. P. 33, and
any regulations thereto, as may be amended from time to time or
any successor thereof;
c)
"Private Property" - means any property which is owned by a
private Person and not a public body;
d)
"Provincial Offences Act" - means the Provincial Offences Act,
R.S.O. 1990, c. P. 33, and any regulations thereto, as may be
amended from time to time or any successor thereof;
e)
"Vehicle" - means a vehicle as defined in the Highway Traffic Act,
R.S.O. 1990, c. H.8, as amended from time to time, or any successor thereof.
Licence Restrictions and Exemptions
a)
An application for a Private Parking Agent Licence under this By-law may
not be made by a partnership or corporation, except as provided for in
this schedule.
b)
Notwithstanding any other provision of this By-law, the following persons
shall not require a Private Parking Agent Licence:
i.
City of Guelph By-law Enforcement Officers;
ii.
Police Officers of the Guelph Police Service;
iii.
University of Guelph officials enforcing the University's parking
regulations on lands owned by the University of Guelph;
iv.
the Fire Chief of the City of Guelph Fire Department or a Fire
Prevention Officer of the City of Guelph Fire Department; and,
v.
any person demanding or obtaining parking fees from customers
for the consensual purchase of a permit or the like for parking on
Private Property, where the parking rates are posted in clear view
of all drivers upon entering the Private Property.
c)
A Business License issued for a Private Parking Agent shall apply only to
the property or properties identified in the application and set out in the
Licence.
64
Additional Business Licence Application Requirements [Amended by By-
Law (2012)-19515]
a)
If a corporation or partnership employing a Private Parking Agent applies
on behalf of an such Private Parking Agent, then in addition to all other
requirements of this By-law:
i.
the individual Private Parking Agent must sign the application for
Business Licence;
ii.
the insurance required under Section 16 of this By-law must cover
the activities of the individual for which the Business Licence is
sought; and
iii.
the corporation or partnership must provide all documents
required as part of the application(s).
b)
If approved the Business Licence will be issued to the individual Private
Parking Agent.
In addition to all other requirements of this By-law, every Private Parking
Agent seeking to obtain or holding a valid Business Licence must:
a)
write a written examination for training as a Private Parking Agent, as
determined by the City, and submit to the Issuer of Licences with the
application for Business Licence, proof that such examination has been
written and passed; and
b)
Have written authorization from the property owner for each property in
which the Private Parking Agent will issue Parking Infraction Notices
unless a signed agreement approved by the City of Guelph dated prior to
December 17, 2012 exists.
c)
Ensure that the private property is signed to indicate the parking
regulations to the satisfaction of the City of Guelph prior to the issuance
of Parking Infraction Notices.
d)
Direct all requests for the towing of a vehicle parked illegally on private
property to the City of Guelph Bylaw Compliance and Security
Department for their consideration.
e)
Ensure that parking enforcement conducted by the Private Parking Agent
of the said property is only conducted under the provisions of City of
Guelph By-laws regulating parking.
f)
Provide to the City and any other inquiring parties a contact person's
name and telephone number to whom complaints regarding any Parking
Infraction Notice issued by the Private Parking Agent may be forwarded.
g)
Ensure that the City is not responsible in any way for injury to or loss
suffered by any person or for any loss of, or damage to, any property
belonging to the Owner, Agent or any person using the property, and the
Owner and Agent waive any claim for such injury, loss or damage against
the City.
h)
Indemnify and save the City harmless from and against, any and all
actions and claims including, without limitation, all claims for personal
injury, death, property damage or nuisance arising from the enforcement
of the City of Guelph parking by-laws on the property, or any act, deed
or omission of the Agent or the Owner, or any assignee, agent,
contractor, servant, employee, invitee, member, guest or licensee of the
Agent or Owner, and against and from all costs, reasonable counsel fees,
expenses and liabilities incurred in or about any such claim or any action
or proceeding brought thereon.
Conditions
No Private Parking Agent Licensee shall:
65
a)
enforce parking regulations on Private Property except in accordance with
City of Guelph By-law Numbers (1997)-15402, (2003)-17082 and
(1984)-11440 respectively, as amended from time to time, or any
successors thereof;
b)
enforce parking regulations on any property except the Private
Property(ies) for which he or she is licensed by the City under this By-
law and for which he or she is duly appointed by City by-law at the time;
c)
issue any notice or correspondence to a Vehicle, driver, or registered
Owner of a Vehicle regarding the parking of the Vehicle on Private
Property, that indicates that payment should or must be made in respect
of a parking infraction to either the City of Guelph or to any other
person(s) or organization, except a Parking Infraction Notice as approved
by the City and issued in accordance with the Provincial Offences Act;
d)
alter any Parking Infraction Notice at any time, except as may be
specifically authorized and directed by the City; or
e)
represent himself or herself at any time as an employee of the City of
Guelph or a City of Guelph By-law Enforcement Officer.
a)
Every Private Parking Agent Licensee shall inform the Issuer of Licences
within fifteen (15) days of terminating their employment with any
employer responsible for enforcement of parking regulations on Private
Property.
b)
Upon termination of employment as in 6(a) the Private Parking Agent
Licence is deemed terminated and no longer valid.
66
Schedule 12 to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2010)-18949]
Public Assembly Hall
The provisions of this Schedule shall apply in respect of Public Assembly Halls.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Public Assembly Hall" means a Building, or portable structure, with
a seating capacity for over 100 Persons that is offered for use or
used as a place of public assembly, and includes a Flea Market and
a Theatre but does not include a tent or place of worship being
used for the purposes of holding a service.
b)
"Theatre" means a Theatre as defined in The Theatres Act, R.S.O.
1990, c. T.6, as amended from time to time, or any successor
thereof, and any other Building used primarily for dramatic,
theatrical, musical, moving pictures or like entertainment, but does
not include an Adult Entertainment Establishment.
c)
"Flea Market" means an indoor Premises where Goods or Services
are Provided by individual vendors from individual stalls or stands;
Additional Application Requirements - Flea Market
In addition to all other requirements of this By-law, every Applicant for a
Business Licence relating to a Public Assembly Hall that is a Flea Market shall
identify each individual vendor stall by stall number and location, on the
Floor Plan submitted with the application for inspections.
Conditions - General
Every Public Assembly Hall Licensee shall ensure that:
a)
no exit or corridor is blocked, impeded or otherwise obstructed at any
time, or in any way;
b)
the maximum occupant load, as established by the City, is displayed in a
prominent place at the entrance inside the Premises;
c)
the Premises does not at any time contain more than the number of
persons authorized by the maximum occupant load; and,
d)
the forming of any queue for the purpose of gaining entrance to the
Public Assembly Hall does not obstruct any sidewalk or Highway.
Additional Conditions - Flea Market
In addition to the requirements in Section 3 of this Schedule, and all other
requirements of this By-law, every Licensee of a Public Assembly Hall which
is a Flea Market shall:
a)
keep and maintain a current Register of vendors which shall include the
stall number, name of the vendor, his/her most recent address, the
registered name of the Business the vendor is operating, the operating
name of the Business the vendor is operating, and the Provincial
Vendor's Permit Number of such Business, which may be used for
notification purposes of health and/or public safety matters and which
shall be provided to any Officer at any reasonable time for inspection.
b)
ensure that every vendor stall is numbered in such a manner as to
display the number to the general public.
67
Transition
a)
In the case of a Flea Market or Theatre that meets the definition of a
Public Assembly Hall under this By-law, a Licence that is valid as of the
effective date of this By-law shall be transferred to a Public Assembly Hall
Licence and the licensee shall comply with all applicable provisions of this
By-law.
b)
The Licensee in (a) shall be required to renew the Public Assembly Hall
Business Licence prior to its expiry.
68
Schedule 13 to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2010)-18949; (2012)-19396; (2016)-20123]
Outdoor Merchandise Sales Business
The provisions of this Schedule shall apply in respect of the outdoor Sale of
Merchandise.
Types of Licences Available
Annual
Licence
Short-term
Licence
Event
Licence*
Event
Licence*
Event
Licence*
Downtown
Event
Licence
Special
Event
Licence
Private
Event
Licence
Merchandise
Stand
🗸
🗸
🗸
🗸
🗸
Merchandise
Vehicle
🗸
🗸
🗸
🗸
🗸
Interpretation
In addition to the terms defined in Section 1 of this By-law and the other
Schedules of this By-law, the following terms shall have the corresponding
meanings:
a)
"Merchandise" means Goods other than Food;
b)
"Merchandise Establishment" means any Premises permanently
affixed to the ground, where Merchandise is Provided for Sale or
Sold indoors and/or outdoors at the Premises;
c)
"Merchandise Stand" means an outdoor wheel-less frame, base or
display structure not permanently affixed to the ground and
capable of being moved on a daily basis, not part of a Merchandise
Establishment, and from which Merchandise is Provided for Sale or
Sold;
d)
"Merchandise Vehicle Plate" means a metal number plate issued by
the Issuer of Licences to a Licensee with a current and valid
Business Licence for a Merchandise Vehicle;
e)
"Merchandise Vehicle" means an outdoor vehicle not permanently
affixed to the ground and capable of being moved on a daily basis,
not part of a Merchandise Establishment, and from which
Merchandise is Provided for Sale or Sold;
f)
"Merchandise Vendor" means a Person who Provides for Sale or
Sells Merchandise outdoors, not as part of any Merchandise
Establishment, Merchandise Stand or Merchandise Vehicle operated
where the Person is Providing for Sale or Selling Merchandise; and
g)
"Event Merchandise Sales Licence" means a Business Licence
issued to an organizer of a Special Event or Private Event that
applies to all Merchandise Stands and Merchandise Vehicles
operating at the Special Event or Private Event.
69
Merchandise Stands
Application for a Business Licence for a Merchandise Stand
In addition to all other requirements of this By-law, every Applicant for an
inspection or a Business Licence in respect of a Merchandise Stand shall
provide to the Issuer of Licences:
a)
If applicable, the serial number of the Merchandise Stand;
b)
A current list containing the name and address of every Person who will
be operating the Merchandise Stand, which list may be used for
notification purposes in respect of health and/or public safety matters;
c)
If the Applicant intends to locate the Merchandise Stand on any City Land
or Highway, a Stand or Vehicle Placement Agreement with the City;
d)
If the Applicant intends to locate the Merchandise Stand on Land of some
Person other than the City, written permission from the Owner of the
Land; and
e)
A list of the types of Merchandise to be provided for Sale or Sold.
In addition to all other requirements of this By-law, every Applicant for
renewal of a Business Licence in respect of a Merchandise Stand shall provide
to the Issuer of Licences any information listed in the previous section that
has changed since issuance of the initial Business Licence.
Business Licence for A Merchandise Stand
Unless otherwise provided herein, a separate Business Licence is required for
each Merchandise Stand.
Notwithstanding the other provisions of this By-law, the Issuer of Licenses
may issue Short-term Licences or Event Licences instead of the usual type of
Business Licences in respect of Merchandise Stands, and may issue them
prior to receipt of any Inspections that would ordinarily be required. Except
as resulting from their short-term natures, or as provided in this Schedule
13, Short-term Licences and Event Licences shall, in all other respects, be
the same, and shall be treated the same, as the usual type of Business
Licences.
The Issuer of Licences may issue a Business Licence:
a)
In respect of an individual Merchandise Stand for up to a full year;
b)
In respect of an individual Merchandise Stand for periods of up to three
days for up to four times in a year;
c)
In respect of an individual Merchandise Stand at a specific event for a
specific period; and
In respect of all Merchandise Stands at a specific event for a specific period.
Without limiting any other provision of this By-law, a Person shall be deemed
to be engaged in the Business of Selling Merchandise from a Merchandise
Stand if the Person is the registered owner of the Merchandise Stand.
Location of the Merchandise Stand
Every Merchandise Stand Licensee shall:
a)
Place the Merchandise Stand only at the location or locations identified on
the Business Licence or permitted under this By-law;
b)
Unless otherwise provided herein, ensure that the Merchandise Stand is
not placed on any City Land or Highway until the Licensee has entered a
70
Stand or Vehicle Placement Agreement with the City in respect of such
placement;
c)
Ensure that placement of the Merchandise Stand at the proposed location
is permitted under the Zoning By-law;
d)
Not locate the Merchandise Stand in such a manner that it unreasonably
confines, impedes or presents a hazard to pedestrians or other users of
any City Land or Highway;
e)
Ensure that, if the Merchandise Stand is placed on City Land or Highway,
it occupies no more than 2.3 square metres (25 square feet);
f)
Maintain, at the Licensee's own expense, any City Land or Highway on
which the Licensee's Merchandise Stand operates, in a clean, sanitary,
neat and undisturbed condition; and
g)
Promptly vacate, and remove the Merchandise Stand from, any City Land
or Highway, at the request of the City at any time when the City requires
such area for a parade, a Special Event, public safety, pedestrian or
vehicular traffic, or any municipal purpose.
Identification at the Merchandise Stand
Every Merchandise Stand Licensee shall ensure that, except in the case of a
Business Licence applying to all Merchandise Stands at an event, and
notwithstanding Section 19(a) of this By-law, the Business Licence relating to
the Merchandise Stand is affixed to it in a conspicuous place clearly visible to
the public at all times during the Hours of Operation of the Business.
Operation of the Merchandise Stand
Every Merchandise Stand Licensee shall ensure that:
a)
Only the types of Merchandise on the list submitted with the application
for the Business Licence are Provided for Sale or Sold;
b)
At least one refuse container is made available to customers of the
Merchandise Stand, to the satisfaction of the City; and
c)
The Licensee's refuse container, together with all waste collected in it or
accumulated in the surrounding area, is removed upon leaving.
Condition of the Merchandise Stand
Every Merchandise Stand Licensee shall maintain the Merchandise Stand in a
clean and orderly condition and in good repair, to the satisfaction of the City.
Merchandise Vehicles
Application for a Business Licence for a Merchandise Vehicle
In addition to all other requirements of this By-law, every Applicant for an
inspection or a Business Licence in respect of a Merchandise Vehicle shall
provide to the Issuer of Licences:
a)
If applicable, the serial number of the Merchandise Vehicle;
b)
A current list containing the name and address of every Person who will
be operating the Merchandise Vehicle, which list may be used for
notification purposes in respect of health and/or public safety matters;
c)
If the Applicant intends to locate the Merchandise Vehicle on any City
Land or Highway, a Stand or Vehicle Placement Agreement with the City;
71
d)
If the Applicant intends to locate the Merchandise Vehicle on Land of
some Person other than the City, written permission from the Owner of
the Land;
e)
A list of the types of Merchandise to be Provided for Sale or Sold; and
f)
A photo of the Merchandise Vehicle and a description of its type.
In addition to all other requirements of this By-law, every Applicant for
renewal of a Business Licence in respect of a Merchandise Vehicle shall
provide to the Issuer of Licences any information listed in the previous
section that has changed since issuance of the initial Business Licence.
Business Licence for a Merchandise Vehicle
Unless otherwise provided herein, a separate Business Licence is required for
each Merchandise Vehicle.
Notwithstanding the other provisions of this By-law, the Issuer of Licenses
may issue Short-term Licences or Event Licences instead of the usual type of
Business Licences in respect of Merchandise Vehicles, and may issue them
prior to receipt of any Inspections that would ordinarily be required. Except
as resulting from their short-term natures, or as provided in this Schedule
13, Short-term Licences and Event Licences shall, in all other respects, be
the same, and shall be treated the same, as the usual type of Business
Licences.
The Issuer of Licences may issue a Business Licence:
a)
In respect of an individual Merchandise Vehicle for up to a full year;
b)
In respect of an individual Merchandise Vehicle for periods of up to three
days for up to four times in a year;
c)
In respect of an individual Merchandise Vehicle at a specific event for a
specific period; and
d)
In respect of all Merchandise Vehicles at a specific event for a specific
period.
Without limiting any other provision of this By-law, a Person shall be deemed
to be engaged in the Business of Selling Merchandise from a Merchandise
Vehicle if the Person is the registered owner of the Merchandise Vehicle.
Location of the Merchandise Vehicle
Every Merchandise Vehicle Licensee shall:
a)
Place the Merchandise Vehicle only at the location or locations identified
on the Business Licence or permitted under this By-law;
b)
Unless otherwise provided herein, ensure that the Merchandise Vehicle is
not placed on any City Land or Highway until the Licensee has entered a
Stand or Vehicle Placement Agreement with the City in respect of such
placement;
c)
Ensure that placement of the Merchandise Vehicle at the proposed
location is permitted under the Zoning By-law;
d)
Not locate the Merchandise Vehicle in such a manner that it unreasonably
confines, impedes or presents a hazard to pedestrians or other users of
any City Land or Highway;
e)
Ensure that, if the Merchandise Vehicle is placed on any City Land or
Highway, it occupies no more than 2.3 square metres (25 square feet);
72
f)
Maintain, at the Licensee's own expense, any City Land or Highway on
which the Licensee's Merchandise Vehicle operates, in a clean, sanitary,
neat and undisturbed condition;
g)
Promptly vacate, and remove the Merchandise Vehicle from, any City
Land or Highway, at the request of the City at any time when the City
requires such area for a parade, a Special Event, public safety,
pedestrian or vehicular traffic, or any municipal purpose.
Business Licences may be issued in respect of Merchandise Vehicles for an
on- street parking space on Wyndham Street adjacent to the Wyndham
Street Parking Lot and for an on-street parking space on Wyndham Street
adjacent to the Fountain Street Parking Lot.
Identification at the Merchandise Vehicle
Every Merchandise Vehicle Licensee shall ensure that:
a)
Except in the case of a Business Licence applying to all Merchandise
Vehicles at an event, and notwithstanding Section 19(a) of this By-law,
the Business Licence relating to the Merchandise Vehicle is affixed to it in
a conspicuous place clearly visible to the public at all times during the
Hours of Operation of the Business; and
b)
The Merchandise Vehicle Plate relating to the Merchandise Vehicle is
affixed to the rear exterior of the Merchandise Vehicle, or to another
location on the Merchandise Vehicle approved in advance by the Issuer of
Licences, and clearly visible in its entirety at all times.
Operation of the Merchandise Vehicle
Every Merchandise Vehicle Licensee shall ensure that:
a)
Only the types of Merchandise on the list submitted with the application
for the Business Licence are Provided for Sale or Sold;
b)
At least one refuse container is made available to customers of the
Merchandise Vehicle, to the satisfaction of the City;
c)
The Licensee's refuse container, together with all waste collected in it or
accumulated in the surrounding area, is removed upon leaving;
d)
All applicable statutes, regulations and by-laws governing driving,
stopping or parking the Merchandise Vehicle are complied with at all
times;
e)
There is no crying of wares, sounding of chimes or use of similar means
to attract attention:
i.
while the Merchandise Vehicle is in motion, or
ii.
for more than 5 seconds at intervals of not less than 5 minutes;
f)
No Merchandise is Provided for Sale or Sold to any customer who is
standing on a Roadway;
g)
All children and customers are safely away from the Merchandise Vehicle
before it is put in motion;
h)
The Merchandise Vehicle is not washed or repaired while on a Highway
except, in the case of repair, when repair is necessary to move the
Merchandise Vehicle off the Highway; and
i)
The Merchandise Vehicle, if driven, is driven by a person holding a
current, valid provincial driver's licence.
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Condition of the Merchandise Vehicle
Every Merchandise Vehicle Licensee shall maintain the Merchandise Vehicle in
a clean and orderly condition and in good repair, to the satisfaction of the
City.
Merchandise Vendors
Application for a Business Licence for a Merchandise Vendor
In addition to all other requirements of this By-law, every Applicant for a
Business Licence in respect of a Merchandise Vendor shall provide to the
Issuer of Licences:
a)
The name and address of the Person who will be the Merchandise
Vendor, which information may be used for notification purposes in
respect of health and/or public safety matters;
b)
If the Applicant intends to operate on Land of some Person other than
the City, written permission from the Owner of the Land; and
c)
A list of the types of Merchandise to be provided for Sale or Sold.
In addition to all other requirements of this By-law, every Applicant for
renewal of a Business Licence in respect of a Merchandise Vendor shall
provide to the Issuer of Licences any information listed in the previous
section that has changed since issuance of the initial Business Licence.
Business Licence for a Merchandise Vendor
Unless otherwise provided herein, a separate Business Licence is required for
each Merchandise Vendor.
Notwithstanding the other provisions of this By-law, the Issuer of Licenses
may issue Short-term Licences or Event Licences instead of the usual type of
Business Licences in respect of Merchandise Vendors, and may issue them
prior to receipt of any Inspections that would ordinarily be required. Except
as resulting from their short-term natures, or as provided in this Schedule
13, Short-term Licences and Event Licences shall, in all other respects, be
the same, and shall be treated the same, as the usual type of Business
Licences.
The Issuer of Licences may issue a Business Licence:
a)
In respect of an individual Merchandise Vendor for up to a full year;
b)
In respect of an individual Merchandise Vendor for periods of up to three
days for up to four times in a year;
c)
In respect of an individual Merchandise Vendor at a specific event for a
specific period; and
d)
In respect of all Merchandise Vendors at a specific event for a specific
period.
Location of the Merchandise Vendor
Every Merchandise Vendor Licensee shall:
a)
Operate the Business only at the location or locations identified on the
Business Licence or permitted under this By-law;
b)
Not locate the Merchandise Vendor in such a manner that the
Merchandise Vendor unreasonably confines, impedes or presents a
hazard to pedestrians or other users of any City Land or Highway; and
74
c)
Promptly vacate, and remove the Merchandise Vendor from, any City
Land or Highway, at the request of the City at any time when the City
requires such area for a parade, a Special Event, public safety,
pedestrian or vehicular traffic, or any municipal purpose.
Identification of the Merchandise Vendor
The Merchandise Vendor shall carry with him or her, while carrying on
business, a copy of the Business Licence that has been issued in respect of
the Merchandise Vendor.
Operation of the Merchandise Vendor Business
Every Merchandise Vendor Licensee shall ensure that only the types of
Merchandise on the list submitted with the application for the Business
Licence are Provided for Sale or Sold.
75
Schedule 14 to City of Guelph By-law Number (2009)-18855
[Amended by By-law (2013)-19613; (2013)-19639]
Driving Instructor
The provisions of this Schedule shall apply in respect of Driving Instructors.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Driving Instructor" means an individual who accepts remuneration
to provide instruction in the operation of motor vehicles but does
not include an individual who provides in-class instruction only;
b)
"Driving Instructor Business Licence" means a Business Licence
issued to a Driving Instructor by the City pursuant to this By-law;
c)
"Driving School" means a driving school which holds a driving
school licence issued by the Ontario Ministry of Transportation;
d)
"Ministry of Transportation Driving Instructor's Licence" means a
licence issued to a Driving Instructor by the Ontario Ministry of
Transportation; and
e)
"Retainer Contract" means a written contract between a Driving
Instructor and a Driving School for the employment or services of
the Driving Instructor to provide instruction in the operation of
motor vehicles.
Conditions
No person shall engage in or carry on the business of a Driving Instructor
within the City without a Driving Instructor Business Licence to do so.
No person shall engage in or carry on the business of a Driving Instructor
within the City without a valid Retainer Contract, even if the Driving School
and the Driving Instructor are the same person.
No person except an individual may hold a Driving Instructor Business
Licence.
No individual's Driving Instructor Business Licence is valid unless he/she
holds a valid Ministry of Transportation Driving Instructor's Licence.
An individual's Driving Instructor Business Licence ceases to be valid at any
time that the individual's Ministry of Transportation Driving Instructor's
Licence ceases to be valid.
Application Requirements
Every individual applying for a Driving Instructor Business Licence or renewal
thereof shall submit an application signed by the individual himself/herself.
Every individual applying for a Driving Instructor Business Licence or renewal
thereof shall submit the application by appearing in person at the office of
the Issuer of Licences.
Every individual applying for a Driving Instructor Business Licence or renewal
thereof shall submit one (1) valid piece of Identification when he/she appears
at the office of the Issuer of Licences to submit the application.
Every individual applying for a Driving Instructor Business Licence or renewal
thereof shall submit as part of the application:
76
a)
Without restricting the generality of the provisions in this By-law related
to insurance, proof, satisfactory to the City, that the individual has the
following automobile liability insurance coverage, taken out with an
insurer licensed to transact insurance business in Ontario and satisfactory
to the City's Procurement and Risk Manager:
i.
In respect of licensed vehicles used in the Business in respect of
which the Business Licence is applied for;
ii.
Endorsed to include Ontario Policy Change Form (OPCF) 6D for
"Driver Training" operations;
iii.
To a limit of not less than two million dollars ($2,000,000)
inclusive per occurrence;
iv.
Including bodily injury, death, damage to property and accident
benefits; and
v.
In the following forms: standard owner's form automobile policy
providing third party liability and accident benefits insurance and
covering licensed vehicles owned or operated by the Driving
Instructor, and standard non-owned automobile form policy
including standard contractual liability endorsement; and
b)
Proof that the individual has a valid Ministry of Transportation Driving
Instructor's Licence.
c)
For those individuals permitted by the Ministry of Transportation to
provide G1 instruction, a copy of their contract with a Driving School
approved by the Ministry of Transportation.
Operational Requirements
While in a motor vehicle and engaged in providing instruction in the
operation of a motor vehicle, no holder of a Driving Instructor Business
Licence shall:
a)
Provide such instruction on any Highway listed in Appendix "A" to this
Schedule, unless authorized in writing by the Issuer of Licences;
b)
Fail to carry his/her valid Ministry of Transportation Driving Instructor's
Licence;
c)
Fail to carry his/her valid Driving Instructor Business Licence;
d)
Fail to carry his/her valid Retainer Contract;
e)
Fail to produce his/her valid Ministry of Transportation Driving
Instructor's Licence upon request of an Officer;
f)
Fail to produce his/her valid Driving Instructor Business Licence upon
request of an Officer;
g)
Fail to produce his/her valid Retainer Contract upon request of an Officer;
h)
Make use of a motor vehicle that does not display signs, clearly visible to
other motorists from all angles, identifying the motor vehicle as a driver
training vehicle;
i)
Make use of a motor vehicle that does not display signs, clearly visible to
other motorists from all angles, identifying the name and telephone
number of the holder of the Driving Instructor Business Licence and/or
the Driving School which is a party to the Retainer Contract under which
the instruction is provided;
77
j)
Make use of a motor vehicle that displays any sign identifying any holder
of a Driving Instructor Business Licence other than the holder of the
Driving Instructor Business Licence himself/herself; or
k)
Make use of a motor vehicle that displays any sign identifying any Driving
School other than the Driving School which is a party to the Retainer
Contact under which the instruction is provided.
78
Schedule 14
Appendix "A" of City of Guelph By-law Number (2009)-18855 [Amended by
By-law Number (2013)-19639)]
Driving Instructor
-
Applewood Crescent
-
*Ajax Street Brentwood Drive
-
*Burns Drive
-
Chad Place
-
Drew Street
-
Edgehill Drive
-
Elmhurst Crescent
-
Glenda Court
-
Grandridge Crescent
-
Greengate Road
-
*Guelph Street
-
Highview Place
-
Julia Drive
-
June Avenue
-
Lonsdale Drive
-
Marksam Road
-
Matthew Drive
-
Meadow Crescent
-
Nicklin Crescent
-
Pauline Place
-
Sanderson Drive
-
*Sleeman Avenue
-
Stephen Drive
-
Strathmere Place
-
Sunset Road
-
Thistle Road
-
*Western Avenue
* indicates Highway added Sept. 30, 2013
79
Schedule 15 to City of Guelph By-law Number (2009)-18855
[Amended by By-law Number (2015)-19904]
Donation Bin and Publication Dispensing Box
The provisions of this Schedule shall apply in respect of Donation Bins and
Publication Dispensing Boxes.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Donation Bin" means a receptacle located outdoors, within the
geographic area that is under the City's jurisdiction, and placed,
installed, displayed, operated, used, altered or maintained for the
purpose of collecting donated items from the public, including but
not limited to appliances, clothing, household items, metal, paper,
recyclables and toys, but does not include a receptacle located
within a Building or a receptacle owned or operated by the City;
b)
"Operator" means the Licensee under this Schedule who operates a
Donation Bin or Publication Dispensing Box, or an agent of such
Licensee;
c)
"Permitted Hours" means the hours of 7:00 a.m. to 9:00 p.m.
Monday to Friday and 9:00 a.m. to 9:00 p.m. on Saturdays,
Sundays and Holidays.
d)
"Property Owner" means the owner of the property on which a
Donation Bin or Publication Dispensing Box is located, or an agent
of such owner;
e)
"Publication Dispensing Box" means a container located outdoors,
within the geographic area that is under the City's jurisdiction, and
placed, installed, displayed, operated, used, altered or maintained
for the purpose of dispensing publications to the public, either for
financial consideration or free of charge, but does not include a
container located within a Building or a container owned or
operated by the City; and
f)
"Special Event" means an event approved in writing by the City.
Conditions
a)
No person shall locate, or permit to be located, any Donation Bin or
Publication Dispensing Box within the City of Guelph without a licence to
do so.
b)
Section 2(a) does not apply to a Donation Bin or Publication Dispensing
Box that is temporarily located at a Special Event in the location
authorized in writing by the City and the Special Event organizer.
No Person shall interfere with, vandalize or, without the written consent of
the Operator or the City, move any licensed Donation Bin or Publication
Dispensing Box.
The City may:
a)
If it discovers that a licensed Donation Bin or Publication Dispensing Box
appears to be in contravention of this Schedule:
i.
Give notice to the Operator requiring the Operator to bring the
said Donation Bin or Publication Dispensing Box into compliance
with this Schedule within three (3) business days, and
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ii.
If the Operator fails to bring the said Donation Bin or Publication
Dispensing Box into compliance with this Schedule within the said
three (3) business days, remove, impound and store it, and
impose the costs of such removal, impounding and storage upon
the Operator;
b)
If it discovers an unlicensed Donation Bin or Publication Dispensing Box,
immediately remove, impound and store it, and impose the costs of such
removal, impounding and storage upon the owner of the Donation Bin or
Publication Dispensing Box and any Person who caused or permitted its
placement; and
c)
If a Donation Bin or Publication Dispensing Box has been removed,
impounded and stored by the City for a period of more than thirty (30)
days, immediately, and without notice, dispose of such Donation Bin or
Publication Dispensing Box and the contents thereof, in a manner as may
be determined by the City.
In no event shall the City be liable, or in any way responsible, for any loss,
damage or cost incurred by any Operator or any other Person due to the
removal, impounding, storage or disposal of any Donation Bin or Publication
Dispensing Box by the City under this Schedule.
Additional Application Requirements
No Inspection or Floor Plan is required as part of an application for a
Business Licence or renewal of a Business Licence under this Schedule.
If the Applicant for a Business Licence or renewal of a Business Licence under
this Schedule is an individual, then the individual shall:
a)
Sign the application himself/herself; and
b)
Satisfy the same requirements regarding insurance and proof thereof, as
apply to partnerships and corporations.
Every Person applying for a Business Licence or renewal of a Business
Licence in respect of a Donation Bin shall submit as part of such application:
a)
A letter of permission from the Property Owner of each property where
the Person intends to locate each Donation Bin; and
b)
A site plan indicating the location where the Person intends to locate each
Donation Bin, with relation to all property lines of each such property.
Every Person applying for a Business Licence or renewal of a Business
Licence in respect of a Publication Dispensing Box shall submit as part of
such application:
a)
A letter of permission from the Property Owner of each property where
the Person intends to locate each Publication Dispensing Box; and
b)
A list containing every location where the Person intends to locate
a Publication Dispensing Box.
Operational Requirements
Physical Condition
Every Operator shall ensure that:
a)
Every one of the Operator's Donation Bins and Publication Dispensing
Boxes is clean, rust free, in good repair, and free of graffiti and any other
form of vandalism;
b)
All areas immediately adjacent to every one of the Operator's Donation
Bins and Publication Dispensing Boxes is clean and free of litter, refuse
81
and debris at all times and in full compliance with the City's Property
Standards, Lot Maintenance and Waste by-laws;
c)
Every one of the Operator's Donation Bins is of metal construction;
d)
Every one of the Operator's Donation Bins that is used for collecting
clothing, household items, paper or toys has a self-closing deposit
door/hatch, and, if it has any other point of entry, each such other point
of entry is locked at all times when the Donation Bin is unattended; and
e)
Every one of the Operator's Publication Dispensing Boxes located on a
Highway is not left un-stocked with current publications for a period
greater than twenty-one (21) consecutive days.
No person shall pick up, drop off or remove a Donation Bin outside of
Permitted Hours, unless authorized to do so in writing by the Issuer of
Licences.
Every Operator shall ensure that the information that is required by this
Bylaw to be affixed to the Operator's Donation Bin is in place at all times in
the manner indicated.
The following information is required to be affixed to every Donation Bin in
wording not less than 150 Font in size and in contrasting colour to the Bin:
a)
Name and address of the owner;
b)
Name, address and valid telephone number of the Operator;
c)
If the Operator is a registered charity, the Canada Revenue Agency
registration number and the words "Not For Profit";
d)
If the Operator is a registered not-for-profit business, the business
registration number and the words "Not For Profit"; and
e)
If the Operator is neither a registered charity nor a registered not-for-
profit business, the business registration number and the words "For
Profit".
Every Operator of a Public Dispensing Box shall ensure that a valid
identification decal issued by the City is affixed to such Publication
Dispensing Box in a conspicuous place clearly visible to the public.
Location
Every Operator shall ensure that such Operator's Donation Bin is located:
a)
In the location designated on the Operator's approved site plan;
b)
In the location identified on the Operator's Business Licence; and
c)
In compliance with the provisions of this By-law.
Every Operator shall ensure that the location or placement of such Operator's
Donation Bin does not create a visual obstruction for vehicular or pedestrian
traffic.
Every Operator shall ensure that such Operator's Publication Dispensing Box
is located or placed at a location that is:
a)
Designated in the Operator's approved list of locations;
b)
Identified on the Operator's Business Licence; and
c)
In compliance with the provisions of this By-law.
82
Every Operator shall ensure that such Operator's Publication Dispensing Box
is not located or placed at a location:
a)
In such a manner as to obstruct or interfere with pedestrian traffic;
b)
On a sidewalk having a width of 2 metres or less;
c)
At a bus stop in such a manner as to obstruct or interfere with passenger
movements;
d)
In such a manner as to interfere with vehicular traffic;
e)
In front of any single-family dwelling;
f)
Within 3 metres of a driveway;
g)
Within any curb radius;
h)
Partially or wholly in front of an accessibility ramp;
i)
In such a manner as to make entrance/exit from adjacently parked
vehicles difficult;
j)
On top of or blocking access to a sewer, hydro, or other utility access
cover or valve; or
k)
Within 3 metres of a fire hydrant.
Notwithstanding the foregoing, an Operator may temporarily locate a
Publication Dispensing Box at a Special Event, provided that the Operator
locates the Publication Dispensing Box at a location which the City and the
Organizer of the Special Event have authorized in writing.
The City may:
a)
At any time require the temporary relocation or suspension of a Donation
Bin or Publication Dispensing Box if such temporary relocation or
suspension is necessary for:
i.
Pedestrian, vehicular or public safety;
ii.
Construction, maintenance or repair of a Highway, transit facility,
public utility or public service;
iii.
A Special Event, or
iv.
A film shoot; and
b)
If an Operator fails to carry out such a temporary relocation or
suspension of a Donation Bin or Publication Dispensing Box, as requested
by, and within the time specified by, the City, carry out such temporary
relocation or suspension.
In no event shall the City be liable, or in any way responsible, for any loss,
damage or cost incurred by any Operator or any other Person due to the
temporary relocation or suspension of any Donation Bin or Publication
Dispensing Box by the City under this Schedule.
83
Schedule 16 to City of Guelph By-law Number (2009)-18855 [Added
by By-law (2017)-20149; (2018)-20272, Amended by Bylaw (2022)-
20733]
Taxicab
The provisions of this Schedule shall apply in respect of Taxicabs.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
Accessible Taxicab - means a class of Taxicab which is constructed or
modified to permit the loading, transporting and unloading of an
individual in a wheelchair or similar appliance or device used to assist
an individual with a Disability;
b)
Disability - means any degree of physical disability, infirmity,
malformation or disfigurement that is caused by bodily injury, birth
defect or illness and, without limiting the generality of the foregoing,
includes diabetes mellitus, epilepsy, brain injury, any degree of
paralysis, amputation, lack of physical co-ordination, blindness or visual
impediment, deafness or hearing impediment, muteness or speech
impediment, or physical reliance on a guide dog or other animal or on a
wheelchair or other remedial appliance or device;
c)
Tariff Card - means a card setting out the current rates as set out in
Appendix "A" from time to time;
d)
Taxicab Driver - means any individual who drives a Taxicab;
e)
Taxicab Owner - means any Person who owns a Taxicab, and includes
any Person who has possession or control of a Taxicab under an
installment-purchase agreement, a hire-purchase agreement, or a
lease agreement lasting at least one year;
f)
Regular Taxicab - means a class of Taxicab which is neither an
Accessible Taxicab nor a Vehicle for Hire (as defined in another
Schedule to this By-law);
g)
Spare Taxicab - means an additional regular taxicab that the owner of
a regular taxicab owns which meets the criteria of this By-law but
cannot be placed on the road until the other regular taxicab is
removed. This is also applicable to accessible taxi cabs.
h)
Taxicab - means any motor vehicle having, at the time of manufacture,
a normal seating capacity for nine or fewer passengers, used to convey
individuals for a fee or other compensation, but does not include a
special transportation vehicle licensed under a By-law of the City or
under the Ontario Highway Transport Board, a bus, an ambulance, a
funeral hearse, or a motor vehicle conveying passengers from any point
within the City to an airport situated outside of the City and bearing a
valid and subsisting plate or permit issued under the applicable
legislation; and
i)
Taxicab Decal - means a decal provided by the City which shows that
the applicable Taxicab is the subject of a Taxicab Owner Business
Licence under this Schedule.
In the event of any discrepancy or contradiction between the provisions of
this Schedule 16 and the Business Licence By-Law, the provisions which
provide the greatest protection for the public will prevail.
84
Special Duties and Powers of the Issuer of Licences under This Schedule
The Issuer of Licences shall carry out the following:
a)
Have supervision over all Persons licensed under this Schedule, together
with the equipment used by them, all in accordance with this Schedule;
b)
Report to the Appeals Committee in respect of the performance of his or
her duties when so requested by the Appeals Committee;
c)
Make all necessary inquiries concerning each application for a Business
Licence under this Schedule, to ensure compliance with the law and with
this By-law, in order to protect the public;
d)
If he or she refuses to approve an Applicant for a Taxicab Driver Business
Licence, then he or she shall advise the Applicant that the Applicant may
appeal the refusal to the Appeals Committee;
e)
Upon an appeal being filed with the Appeals Committee by an Applicant
who has been refused a Business Licence under this Schedule or by a
Taxicab Owner or Taxicab Driver whose Business Licence under this
Schedule has been suspended or revoked, the Issuer of Licences shall
submit a report to the Appeals Committee with documentation supporting
his or her decision to refuse, suspend or revoke;
f)
Keep a record of each Business Licence issued by him or her under this
Schedule, which record shall contain the name and address of the
Licensee, the fee paid, and the date of issuance of the Business Licence,
and, if applicable, the number of vehicles of the Licensee;
g)
Submit to the Appeals Committee, for its information, a list of all Taxicab
Driver Business Licences issued or denied by him or her under this
Schedule;
h)
Provide to each licensed Taxicab Owner, when that Owner's Taxicab
Owner Business Licence is issued or renewed in respect of a Taxicab, a
Tariff Card and a Taxicab Decal for such Taxicab;
i)
Provide to each licensed Driver, when that Driver's Taxicab Driver
Business Licence is issued or renewed, a photo Taxicab Driver Business
Licence;
j)
Ascertain by inspection and by inquiry from time to time, whether
Licensees under this Schedule continue to comply with the law and with
this By-law; and
k)
At any time, for just cause, suspend or revoke a Business Licence issued
to any Person under this Schedule, and notify the Licensee that the
Licensee may appeal this decision to the Appeals Committee.
Business Licenses under This Schedule - General
Every Business Licence issued under this Schedule will be in force for a
period of up to one year, and will expire in each year on the 30th day of
April, unless earlier revoked or suspended.
A Business Licence issued pursuant to this Schedule which is not renewed for
twenty-four months will not thereafter be renewed. The previous Licensee
may submit a new application if such previous Licensee wishes to become
relicensed.
Business Licences under this Schedule - Taxicab Owners
No Taxicab Owner shall use or operate or permit to be used or operated, any
Taxicab of the Owner without a current Taxicab Owner Business Licence
issued for that Taxicab and the corresponding Taxicab Decal and Tariff Card
attached to the Taxicab.
85
An Applicant who wishes to obtain a Taxicab Owner Business Licence shall
meet the following requirements:
a)
Complete an application for a Taxicab Owner Business Licence;
b)
Pay the applicable fees;
c)
Comply with all the applicable requirements of this By-law;
d)
A policy of insurance issued by a company authorized to issue indemnity
insurance policies in the Province of Ontario; such policy will insure the
applicant in the amount of at least three-million dollars ($3,000,000.00)
and the policy will include Public Liability and Property Damage exclusive
of costs and interest, against liability for damages resulting from injury to
or death of one or more individuals and Property Damage in any one
accident;
e)
Satisfy the Issuer of Licences that such applicant is employed by or is the
owner or lessee of premises within the geographic limits of the City for
the operation of a Taxicab business; the premises will have restroom
facilities for the convenience of the customers and employees and will be
fully accessible to individuals with Disabilities; and
f)
Employ a staff of licensed Taxicab Drivers sufficient in number to enable
service in transporting passengers at all times of the day and night.
The following procedure applies to the selection of applications for new
Taxicab Owner Business Licences for Regular Taxicabs:
a)
In this Section, "Regular Licence" means a Taxicab Owner Business
Licence in respect of a Regular Taxicab;
b)
The total number of Regular Licences is restricted as follows:
i.
As of May 1, 2018, this total is 100, and
ii.
On May 1 of each year after 2018, the City shall make two new
Regular Licences available;
c)
Persons may apply for any available Regular Licences by submitting their
applications;
d)
On May 2 each year the Issuer of Licences shall determine whether any
application for a Regular Licence was received on May 1:
i.
If no such application was received, then the Issuer of Licences
shall repeat this process on each subsequent day until all the
available Regular Licences have been issued,
ii.
If the number of applications received was less than or equal to
the number of available Regular Licences, then the Issuer of
Licences may (subject to all requirements of this Schedule) issue
Regular Licences in respect of such applications, and
iii.
If the number of applications received was greater than the
number of available Regular Licences, then the Issuer of Licences
shall follow the prioritization process set out below and issue
Regular Licences in respect of the successful applications;
e)
If Regular Licences remain available after the foregoing procedure in
respect of May2, then the Issuer of Licences shall repeat the foregoing
procedure each following day until all available Regular Licences have
been issued;
f)
The prioritization process is as follows:
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i.
A Taxicab Owner who already holds a Taxicab Owner Business
Licence in respect of an Accessible Taxicab that has been
operating for the previous twelve months, has priority for one of
the available new Regular Licences,
ii.
If the number of applications from Taxicab Owners who already
hold Taxicab Owner Business Licences in respect of Accessible
Taxicabs that have been operating for the previous twelve months
was greater than the number of available Regular Licences, then
the Issuer of Licences shall randomly select from the applications
the number equal to the number of available Regular Licences,
and
iii.
If one or more available Regular Licences remain available after
the foregoing, then the Issuer of Licences shall randomly select
from the remaining applications the number of applications equal
to the number of remaining available Regular Licences, if
sufficient such applications remain.
When the Issuer of Licences issues or renews a Taxicab Owner Business
Licence, he or she shall provide the Taxicab Owner with a Taxicab Decal and
a Tariff Card for the current year.
The Taxicab Owner shall install the
Taxicab Decal inside the vehicle, on the windshield, at the bottom, on the
driver's side, and shall install the Tariff Card so it will be clearly visible to
every passenger.
No Taxicab Owner shall transfer, or permit the transfer of, any Taxicab
Owner Business Licence, any Taxicab Decal or any Tariff Card from one
Taxicab to another without the prior written approval of the Issuer of
Licences.
Every Taxicab Owner who sells or disposes of a Taxicab shall, within six days
after such sale or disposal, give notice in writing of such sale or disposal to
the Issuer of Licences, and may, on application to the Issuer of Licences, be
authorized to transfer the Taxicab Owner Business Licence, the Taxicab Decal
and the Tariff Card to another motor vehicle to replace the motor vehicle sold
or disposed of. If such authorization is not given, the Taxicab Owner shall
immediately return the Taxicab Owner Business Licence, the Taxicab Decal
and the Tariff Card to the Issuer of Licences.
The Issuer of Licences may replace a Taxicab Decal or Tariff Card issued
pursuant to this Schedule if it has been defaced, lost or destroyed, upon
receipt of a satisfactory explanation of the reason for such defacing, loss or
destruction and upon payment of the required replacement fee.
Every Taxicab Owner shall return that Owner's Taxicab Owner Business
Licence, Taxicab Decal and Tariff Card provided under this Schedule to the
Issuer of Licences upon request by the Issuer of Licences.
A Taxicab Owner may own and operate both Regular Taxicabs and Accessible
Taxicabs as long as that Taxicab Owner complies with all applicable
provisions of this Schedule.
There is no limit on the number of Taxicab Owner Business Licences that may
be issued in respect of Accessible Taxicabs.
Every Taxicab Owner Business Licence issued under this Schedule for an
Accessible Taxicab shall include the word "Accessible" and no Person shall
use, or permit to be used, such Taxicab Owner Business Licence for any
purpose, or in any way, other than in compliance with the provisions of this
Schedule in respect of Accessible Taxicabs.
Business Licences under This Schedule - Taxicab Drivers
An Applicant who wishes to obtain a Taxicab Driver Business Licence must
meet the following requirements:
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a)
Have a current, valid and non-probationary Class "G" or equivalent
driver's licence issued by the Ministry of Transportation of Ontario;
b)
Undergo a criminal records check and upon request, provide proof of a
record that is acceptable to the City;
c)
Receive a Ministry of Transportation of Ontario driver's record that is
satisfactory and upon request, provide proof to the City;
d)
Receive a letter of employment from a Taxicab Owner proving
employment with that Taxicab Owner and upon request, provide proof to
the City;
e)
Pay the fees prescribed;
f)
Not have any outstanding criminal charges pending before the courts;
g)
Comply with all the applicable requirements of this By-law; and
h)
For an Accessible Taxicab Driver Business Licence, possess a certificate of
completion of a Wheelchair Securement and Occupant Restraint System
Training Program with respect to the handling, safety restraint,
transportation, care and safety of passengers with Disabilities and upon
request, provide proof to the City.
An Applicant may be denied a Taxicab Driver Business Licence under this By-
law if he or she has:
a)
In the past, breached any provision of this By-law as a Licensee under
this By-law;
b)
Been convicted or found guilty under the Criminal Code of Canada, the
Highway Traffic Act or the Controlled Drugs and Substances Act for any
offence that suggests a concern for public safety, and has not received a
pardon for such offence;
c)
A record of driving offences that suggests a risk to the public;
d)
A medical history which may affect the safe operation of a Taxicab
thereby compromising public safety; or
e)
Not been honest in filling out the application form.
The Issuer of Licences may replace a photo Taxicab Driver Business Licence
issued pursuant to this By-Law which is defaced, lost or destroyed, upon
receipt of a satisfactory explanation of the reason for such defacing, loss or
destruction and upon payment of the required replacement fee.
Physical Requirements for Taxicabs
As part of an application for a Taxicab Owner Business Licence in respect of a
motor vehicle, the Applicant shall submit proof that the motor vehicle
satisfies all the physical requirements of Taxicabs specified in this Schedule.
The physical requirements for Taxicabs include:
a)
Comprising a vehicle body not smaller than a four-door sedan model or a
four-door van model, with the tailgate on a van counting as a door;
b)
Bearing the number plates issued by the Ministry of Transportation of
Ontario for the motor vehicle;
c)
Containing a taximeter which:
i.
Registers and records distances travelled, trips and units,
ii.
Computes fares for distance and time, and
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iii.
Is attached to the motor vehicle in a location and manner that is
approved by the Issuer of Licences and in plain view of
passengers;
d)
Bearing an electric sign, as approved by the Issuer of Licences, secured
to the motor vehicle's roof; and
e)
Bearing the identification number of the Taxicab permanently affixed at
the rear, to the right lower corner of the trunk, in text that is high colour
contrasted with its background, with the appearance of solid characters,
each in a size of at least 3 inches by 1.5 inches.
Before a licence is issued under this By-law in respect of any vehicle, the
applicant shall provide to the Issuer of Licences a valid Safety Standard
Certificate certifying that such vehicle is in a safe condition to be operated on
a highway as defined in the Highway Traffic Act. This provision is not
applicable to the initial licensing of a new motor vehicle purchased from a
dealer of new motor vehicles.
Every Owner of an Accessible Taxicab shall provide a certificate of proof that
it complies with the applicable Regulations under the Highway Traffic Act and
amendments thereto, and with the Canadian Standards Association standard
D409-M84, and all other pertinent federal and provincial requirements as
may be established and in force from time to time.
Obligations of Licensed Taxicab Owners
No licensed Taxicab Owner shall:
a)
Permit to be carried in the Taxicab more individuals (including the
Taxicab Driver) than the seating capacity rating by the motor
vehicle's manufacturer;
b)
Permit to be carried in the Accessible Taxicab more individuals
(including the Taxicab Driver) than the capacity recommended by
the Ministry of Transportation of Ontario;
c)
Permit smoking in the Taxicab contrary to the Smoke-Free Ontario
Act, 2017;
d)
Permit any Taxicab Driver to drive the Taxicab for more than
fourteen hours within any consecutive twenty-four hour period;
e)
Solicit any person to use the Taxicab;
f)
Demand any rate, fare or charge greater than as permitted under
this Schedule, unless a passenger is transported out of the City
pursuant to a written contract;
g)
Demand any fare or charge for:
i.
Time lost for any defect or inefficiency of the Taxicab,
ii.
Incompetence of the Taxicab Driver, or
iii.
Time consumed for the arrival of the Taxicab in response to a call
in advance of the arrival time requested by the Person calling; or
h)
Refuse a request for a ride by an individual accompanied by a
service animal;
i)
Operate, or allow to be operated, any Taxicab that does not satisfy
all the physical requirements for Taxicabs specified in this
Schedule;
j)
Operate, or allow to be operated, a Taxicab unless and until its
taximeter has been tested and sealed by the Issuer of Licences; or
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k)
Operate, or allow to be operated, a Taxicab when such taximeter
has been changed, repaired, altered, tampered with, adjusted, or
transferred to a different Taxicab unless and until such taximeter
has been subsequently retested and resealed by the Issuer of
Licences.
Every licensed Taxicab Owner shall:
a)
Offer exclusive priority to requests made by or on behalf of
individuals with Disabilities requesting Accessible Taxicab service,
at any time of the day or night and at any place within the City;
b)
Serve the first Person requiring Taxicab service within the City,
provided that the Taxicab Owner may refuse a request from any
Person whose previous fare remains unpaid;
c)
Immediately deliver to Guelph Police Service any property lost or
left in the Taxicab, together with all information regarding its
recovery;
d)
Permit Persons to choose, without interference or interruption,
whether to engage the Taxicab Owner's Taxicab;
e)
Keep a current list of every Taxicab Driver's home address at the
Taxicab Owner's office;
f)
Notify the Issuer of Licences in writing of the termination of any
Taxicab Driver within seven days after the date of such
termination;
g)
Keep for two years, in the Taxicab Owner's office or within the
vehicle, and provide to the Issuer of Licences upon request, a
record in electronic format, for each fare, of:
i.
The date, time, origin and destination of each trip,
ii.
The name of the Taxicab Driver,
iii.
The Taxicab number, and
iv.
Any other available information about the fare;
h)
Keep in force and renewed, the Insurance required for obtaining
the Taxicab Owner Business Licence; and
i)
Ensure that the taximeter in the Taxicab is:
i.
Illuminated between dusk and dawn,
ii.
Adjusted in accordance with the tariff prescribed in Appendix "A"
as amended from time to time,
iii.
Used only when the seal thereon is intact and not used longer
than twelve months without retesting and resealing,
iv.
Kept in good working order at all times and not used when
defective in any way,
v.
Tested in any ways and by any means prescribed by the Issuer of
Licences to verify that it is accurate to within five metres more or
five metres less per measured kilometre at a tire pressure
recommended by the tire manufacturer, and
vi.
Submitted when requested by the Issuer of Licences for testing,
inspection and sealing; and
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j)
If the Taxicab is equipped with a camera system, provide notice of
the presence of the camera by means of signage that is clearly
visible to the public both outside and inside the Taxicab.
k)
Pay the fees prescribed by this By-law;
Obligations of Licensed Taxicab Drivers
No licensed Taxicab Driver shall:
a)
Carry in the Taxicab more individuals (including the Taxicab Driver) than
the seating capacity rating by the motor vehicle's manufacturer;
b)
Carry in the Accessible Taxicab more individuals (including the Taxicab
Driver)than the capacity recommended by the Ministry of Transportation
of Ontario;
c)
Smoke or permit smoking in the Taxicab contrary to the Smoke-Free
Ontario Act, 2017;
d)
Drive the Taxicab for more than fourteen hours within any consecutive
twenty-four hour period;
e)
Solicit any Person to use the Taxicab;
f)
Demand any rate, fare or charge greater than as permitted under this
Schedule, unless a passenger is transported out of the City pursuant to a
written contract;
g)
Demand any fare or charge for:
i.
Time lost for any defect or inefficiency of the Taxicab,
ii.
Incompetence of the Taxicab Driver, or
iii.
Time consumed for the arrival of the Taxicab in response to a call
in advance of the arrival time requested by the Person calling;
h)
Refuse a request for a ride by an individual accompanied by a service
animal;
i)
Operate the Taxicab if it does not satisfy all the physical requirements of
Taxicabs specified in this Schedule;
j)
Pick up en route any additional passenger after the Taxicab has departed
with one or more passengers from any starting point, unless the Person
who originally engaged the Taxicab desires such additional passenger to
be picked up; or
k)
Operate any Taxicab if he or she fails to maintain a current, valid and
non- probationary Class "G" or equivalent driver's licence issued by the
Ministry of Transportation of Ontario.
Every licensed Taxicab Driver shall:
a)
Offer exclusive priority to requests made by or on behalf of individuals
with Disabilities requesting Accessible Taxicab service, at any time of the
day or night and at any place within the City;
b)
Serve the first Person requiring Taxicab service within the City, provided
that the Taxicab Driver may refuse a request from any Person whose
previous fare remains unpaid;
c)
Immediately deliver to Guelph Police Service any property lost or left in
the Taxicab, together with all information regarding its recovery;
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d)
Permit Persons to choose, without interference or interruption, whether
to engage the Taxicab Driver's Taxicab;
e)
Carry on his or her person his or her current photo Taxicab Driver
Business Licence provided by the Issuer of Licences and, while driving
the Taxicab, produce such photo Taxicab Driver Business Licence and
permit any police officer or passenger to view it upon request;
f)
Drive by the most direct route to any destination, unless otherwise
directed by the passenger;
g)
When a passenger enters the taxicab, immediately activate the taximeter
leave it activated throughout the trip, and, at the conclusion of the trip,
upon being paid, deactivate the taximeter;
h)
When carrying a fare who requires the accompaniment or assistance of
another individual, treat both individuals as a single fare;
i)
When carrying two or more unrelated fares, who are in agreement to
share the service of the Taxicab from a common point of origin to the
same point of destination, ensure that each fare shares an equal portion
of the amount showing on the meter upon arrival at the point of
destination, unless the two or more unrelated fares agree otherwise; and
j)
When carrying two or more unrelated fares, who are in agreement to
share the service of the Taxicab from a common point of origin to two or
more destinations, treat each stop to discharge a passenger as the end of
one trip and the commencement of a new trip, and at the end of such
trip, clear the taximeter and restart it for the subsequent trip.
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Schedule 16 Appendix "A" to City of Guelph By-law Number (2009)-18855
[Added by By-law (2017)-20149; (2018)-20272, Amended by By-law
(2022)-20733]
Rates
Regular Taxicabs and Accessible Taxicabs
By distance:
For the pickup: $3.20
For each additional one twenty-fourth of a kilometer or part thereof: $0.1083
By time:
Every 11 seconds: $0.133
Being equivalent to an hourly rate of: $34.00
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Schedule 16 Appendix "B" to City of Guelph By-law Number (2009)-18855
[Added by By-law (2017)-20149]
Limousine
The minimum hourly rate of limousine service shall not be less than $40.00 per
hour or part thereof. The minimum rental period for limousine service shall not be
less than three (3) hours.
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Schedule 16 Appendix "C" to City of Guelph By-law Number (2009)-18855
[Added by By-law (2017)-20149, Amended by By-law (2020)-20525]
Taxicab Driver's License Requirements
An applicant who wishes to obtain a taxicab driver's license must meet the following
requirements:
Complete an application for a taxicab driver's license.
Have a current, valid and non-probationary driver's license issued by the
Ministry of Transportation of Ontario.
Undergo a criminal records check.
Provide a Ministry of Transportation of Ontario driver's record.
Provide a letter of employment from a taxicab Owner/company.
Pay the fees prescribed.
Not have any outstanding criminal charges pending before the courts.
Comply with all the requirements of the By-law.
Provide a certificate of completion of a wheelchair occupant restraint system
training program for an accessible taxicab driver's license.
An Applicant may be denied a taxicab driver's license under this By-law because
they:
Have in the past breached the provisions of this By-law as a licensee under
this By-law.
Have been convicted or found guilty under the Criminal Code of Canada, the
Highway Traffic Act or under the Controlled Drugs and Substances Act for
offences that suggest a concern for public safety and have not received a
pardon.
Have a record of driving offences that suggest a risk to the public.
Have a medical history which may affect the safe operation of a taxicab
thereby compromising public safety.
Have not been honest in filling out the application form. Should an applicant
not be recommended for a taxicab driver's license, they will be advised that
they may appeal the decision of the Issuer of Licenses to the Appeals
Committee.
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Schedule 17 to City of Guelph By-law Number (2009)-18855 [Added
by By-law (2018)-20272, Amended by By-law (2020)-20525]
Vehicle for Hire
The provisions of this Schedule shall apply in respect of Vehicles for Hire.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
Driver - means an individual who, in affiliation with a Vehicle for
Hire Business, transports Passengers in a Vehicle for Hire;
b)
Driver Identification Card - means a physical or electronic form
containing the following information:
i.
The first and last name and photograph of the Driver,
ii.
The make, model and licence plate number of the Vehicle for Hire
operated by the Driver, and
iii.
The name and contact information of the Vehicle for Hire
Business;
c)
Electronic Platform - includes any electronic-based software,
cellphone, or other technological service which permits passengers
to obtain transportation;
d)
Limousine - includes a sedan, stretch, luxury or classic motor
vehicle;
e)
Passenger - means an individual transported by a Driver in a
Vehicle for Hire in affiliation with a Vehicle for Hire Business;
f)
Street Hail - means an appeal for transportation made in person by
means of any sound, word, sign, signal, or gesture, and not by
means of any Electronic Platform;
g)
Vehicle For Hire - means a vehicle which provides transportation
for a Vehicle for Hire Business, and includes a Limousine;
h)
Vehicle For Hire Business - means a Business which, through an
Electronic Platform, arranges transportation of Passengers by
Drivers in Vehicles for Hire, within the City for compensation, but
does not include:
i.
Any Taxicab Business,
ii.
Any bus transportation service or Business,
iii.
Any carpooling arrangement as defined in the Public Vehicles Act,
or `
iv.
Any emergency vehicle service; and
i)
Vehicle For Hire Identifier - means a decal, in a form approved by
the Issuer of Licences, which displays the name and/or logo of a
Vehicle for Hire Business.
Special Obligations of Issuer of Licences
The Issuer of Licenses shall ensure that all funds collected for accessibility
under this Schedule are provided monthly to the Accessibility Advisory
Committee to be used in a grant program for those needing accessibility
modifications to their vehicles, including Taxicabs.
96
Business Licences under This Schedule - General
No Person shall carry on a Vehicle for Hire Business within the City unless
such Person holds a current Vehicle for Hire Business Licence issued pursuant
to this Schedule.
Every Person who wishes to operate a Vehicle for Hire Business in the City
shall apply for a Vehicle for Hire Business Licence under this By-law.
Beyond the information and material required elsewhere in this By-law from
Applicants for Business Licences, an Applicant for an initial, as well as for a
renewal, Vehicle for Hire Business Licence shall also submit the following
information and material:
a)
Proof of data security measures that the Applicant has in place to protect
the personal information of Drivers and Passengers affiliated with the
Business;
b)
Proof of the insurance required under this Schedule;
c)
Proof of the number of Vehicles for Hire available to the Applicant in the
City;
d)
Such other special information and material as the Issuer of Licences
may specify; and
e)
Payment of all applicable fees, including:
i.
The basic licensing amount, and
ii.
All fees based on the number of rides provided per month.
Vehicle for Hire Business Licensees - Prohibitions
No Vehicle for Hire Business Licensee shall:
a)
Breach any applicable prohibition or obligation of Licensees under this
By- law; or
b)
Permit any of its Drivers to breach any prohibition or obligation of Drivers
under this Schedule.
Vehicle for Hire Business Licensees - Obligations
Electronic Platform
Every Vehicle for Hire Business Licensee shall have an Electronic Platform
and shall ensure that its Electronic Platform is able to:
a)
At the time when transportation is being arranged, provide to the Person
requesting the transportation, all the following:
i.
The name and contact information of the Vehicle for Hire Business
Licensee,
ii.
The first name and photograph of the Driver who will provide the
transportation,
iii.
The make, model and licence plate number of the Vehicle for Hire
that will provide the transportation,
iv.
Any special surcharge that will be applicable for the
transportation,
v.
An estimate of the total cost of the transportation, and
vi.
The current location of the Vehicle for Hire;
97
b)
Permit a Person to accept or refuse arranged transportation before it
begins and to record such acceptance or refusal;
c)
Provide a secure payment mechanism;
d)
Provide a printed or electronic receipt to the Passenger at the end of the
transportation that includes information confirming the:
i.
Fare rate and/or surcharges,
ii.
Total amount paid,
iii.
Date and time of pickup,
iv.
Locations where the Passenger was picked up and dropped off,
and
v.
First name of the Driver; and
e)
Provide a link where the Passenger may rate or provide comments upon
the Vehicle for Hire and the Driver.
Every Vehicle for Hire Business Licensee shall make available to the public on
its Electronic Platform, and by any other means of its choice, the following
information:
a)
The insurance coverage required to be maintained by itself and by each
Driver;
b)
The transportation services offered by its Drivers;
c)
The applicable screening process for Drivers and Vehicles for Hire;
d)
That Drivers may provide only transportation services that are
prearranged using the Electronic Platform of the Vehicle for Hire Business
Licensee, and cannot accept Street Hails or pick up Passengers at Taxicab
stands; and
e)
That Drivers cannot accept cash payment for transportation.
Drivers
Every Vehicle for Hire Business Licensee shall issue to each of its Drivers a
current Driver Identification Card.
Every Vehicle for Hire Business Licensee shall issue to each of its Drivers a
current Vehicle for Hire Identifier.
Every Vehicle for Hire Business Licensee shall keep, in readily accessible
format, a current list of all its affiliated Drivers and Vehicles for Hire that
includes:
a)
The full name and address of each Driver; and
b)
The make, model and licence plate number of each Vehicle for Hire.
Every Vehicle for Hire Business Licensee shall ensure that each Driver meets
the following requirements prior to commencing as a Driver and at all times
when providing transportation services:
a)
Is at least 18 years of age;
b)
Has a valid class "G" licence; and
c)
Has been advised of, and consents to, the foregoing personal information
being submitted to the Issuer of Licences for the purpose of auditing
compliance with this Schedule.
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Every twelve months, every Vehicle for Hire Business Licensee shall obtain a
criminal record check less than 90 days old, and a driving record abstract
less than 30 days old, for each Driver and:
a)
Review those records;
b)
Ensure that the Driver does not have any outstanding criminal charges;
c)
Acting reasonably, determine whether the Driver is suitable for providing
transportation services; and
d)
Terminate the relationship with any Driver who is not suitable for
providing transportation services.
Every Vehicle for Hire Business Licensee shall ensure that every Driver with
whom it is affiliated complies with all Driver obligations set out in this
Schedule.
Every Vehicle for Hire Business Licensee shall terminate its affiliation with a
Driver if the Driver fails to satisfy any of the obligations under this Schedule,
or if the Issuer of Licenses notifies the Licensee that the Driver has acted in a
manner that is adverse to the public interest or public safety. Upon such
termination, the Vehicle for Hire Business Licensee shall ensure that such
former Driver no longer has access as a Driver to the Licensee's Electronic
Platform.
Records
Every Vehicle for Hire Business Licensee shall create, and maintain for two
years, records of the following information:
a)
The total number of transportation trips provided per year;
b)
The total number of Drivers providing transportation per year;
c)
The total number of Vehicles for Hire providing transportation per year;
and
d)
The Driver and Vehicle for Hire information corresponding with each
requested transportation trip, including the:
i.
Full name of the Driver,
ii.
Licence plate number of the Vehicle for Hire,
iii.
Date, time and duration of the transportation trip,
iv.
Rounded locations where each Passenger was picked up and
dropped off, and
v.
Hours and minutes spent by the Vehicle for Hire in transporting
each Passenger, including time spent en route to pick up the
Passenger.
The Licensee shall make the foregoing records available electronically to the
Issuer of Licences within a reasonable time as agreed upon after any request
in writing.
The Licensee shall keep all records in respect of each Driver for 2 years after
the Driver ceases to be affiliated with the Licensee.
Insurance
Every Vehicle for Hire Business Licensee shall obtain, and maintain at all
times during the provision of transportation services, and provide satisfactory
proof to the Issuer of Licences of, insurance coverage as follows:
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a)
In the amount of at least three-million dollars ($3,000,000.00) including
Public Liability and Property Damage exclusive of costs and interest;
b)
Is from an insurer authorized to issue indemnity insurance policies in the
Province of Ontario;
c)
Including coverage against liability for damages resulting from injury to
or death of one or more persons and Property Damage in any one
incident that includes:
i.
Contingent employers' liability; personal injury,
ii.
Broad form property damage; occurrence property damage, and
iii.
Employees as additional insured, and cross liability and
severability of interest provision;
d)
Is in the name of the Vehicle for Hire Business Licensee;
e)
Names the City as an additional insured;
f)
Contains Non-Owned Automobile Insurance, issued by a company
authorized to issue indemnity insurance policies in the Province of
Ontario, with limits of not less than three million dollars ($3,000,000.00)
inclusive,
g)
per occurrence for public liability, bodily injury, death and damage to
property;
h)
The NPCF 6TN Permission to Carry Paying Passengers for a
Transportation Network endorsement, or an equivalent endorsement
acceptable to the Issuer of Licence, included within an Automobile
Liability Insurance policy maintained on behalf of every Driver; and
i)
Contains an endorsement requiring the insurer to provide the City with at
least 30 days of prior written notice of any cancellation or variation to the
policy.
Every Vehicle for Hire Business Licensee shall provide the Issuer of Licences
with proof that each Vehicle for Hire affiliated with the Licensee is covered by
insurance as required under this Schedule.
If a Vehicle for Hire Business Licensee fails to comply with the insurance
requirements of this Schedule, then the Issuer of Licences may suspend the
Licensee's Licence until such time as the Licensee proves, to the satisfaction
of the Issuer of Licences, that the Licensee is again in full compliance.
Number of Vehicles for Hire
If the number of Vehicles for Hire of a Vehicle for Hire Business Licensee
increases, then the Licensee shall so notify the Issuer of Licences. If the
number increases so that a new fee category applies, then the Licensee shall
immediately so notify the Issuer of Licences and shall pay the corresponding
fee increase within two business days after such notification.
Drivers - Prohibitions
No individual shall hold himself or herself out as a Driver unless he or she:
a)
Has been authorized by a Vehicle for Hire Business Licensee to act as a
Driver for that Licensee; and
b)
Possesses a current Driver Identification Card issued by that Vehicle for
Hire Business Licensee.
No Driver shall request payment of any charge other than as permitted under
this Schedule.
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No Driver shall refuse a request for a ride by an individual accompanied by a
service animal.
No Driver shall:
a)
Pick up any Passenger in response to a Street Hail;
b)
Operate a Vehicle for Hire that resembles a Taxicab in any way, such as
by bearing external advertising or any roof-sign;
c)
Operate a Vehicle for Hire without the insurance required under this
Schedule;
d)
Accept payment by cash for any transportation arranged by the Vehicle
for Hire Business Licensee;
e)
Use any method for connecting Passengers with transportation other than
the Electronic Platform in accordance with this Schedule and as approved
by the Issuer of Licences;
f)
Permit any individual to smoke in a Vehicle for Hire while it is being used
for transportation arranged by the Vehicle for Hire Business Licensee; or
g)
Permit any Vehicle for Hire used for transportation arranged by the
Vehicle for Hire Business to carry more individuals, including the Driver,
than recommended by the Ministry of Transportation of Ontario.
Drivers - Obligations
Every Driver shall:
a)
Immediately deliver to the passenger any property lost or left in the
Vehicle for Hire;
b)
Keep his or her Driver Identification Card in the Vehicle for Hire at all
times when he or she is providing transportation for the Vehicle for Hire
Business Licensee;
c)
Upon demand by the Issuer of Licences, or any Officer, immediately
produce:
i.
His or her Driver Identification Card,
ii.
Proof of insurance as required under this Schedule, and
iii.
Any other relevant information pertaining to him or her or to
operation of the Vehicle for Hire;
d)
Upon demand by the issuer of Licences, or any Officer, submit the
Vehicle for Hire for inspection at such time and place as specified by the
Issuer of Licences or the Officer;
e)
Install the Vehicle for Hire Identifier, provided by the Vehicle for Hire
Business Licensee, in the front bottom of the driver's side of the
windshield on the Vehicle for Hire in such a way that it is clearly visible
from the exterior; and
f)
Keep the Vehicle for Hire Identifier in its required location whenever he or
she is providing transportation.
Every Driver shall ensure that his or her Vehicle for Hire, at all times when
providing a transportation service:
a)
Is no more than 10 years old; and
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b)
Has a valid and current Ontario Ministry of Transportation Safety
Standards Certificate, prior to commencement of use as a vehicle for hire
vehicle, and then annually thereafter.
102
Schedule 18 to City of Guelph By-law Number (2009)-18855 [Added
by By-law (2019)-20376]
Second-Hand Goods and Salvage Goods
The provisions of this Schedule shall apply in respect of Businesses which sell
Second-hand Goods and Businesses which sell Salvage Goods.
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Jewellery" includes jewellery made of precious metal, with or without
precious or semi-precious stones, watches, and precious metal;
b)
"Salvage Goods" means any destroyed, deteriorated or damaged goods
or property and any part thereof, and includes such items as metal, old
damaged or inoperable automobiles, automobile parts, old, damaged or
inoperable major appliances, bicycles, junk or other similar material;
c)
"Salvage Yard" means the Premises where a Salvage Goods Business is
carried on, and includes all land, buildings and structures used for
wrecking, dismantling, storing or selling salvage and includes an
automobile wrecking yard, salvage shop or premise where salvage is
purchased, sold, processed or otherwise dealt with pursuant to a trade,
calling, business or occupation;
d)
"Second-Hand Goods" includes Goods listed in Appendix "A" to this
Schedule that have been previously owned or used by one or more
Persons and which are transferred to a Second-hand Goods Licensee for
resale; and
e)
"Transaction Register" means a record of Second-hand Goods acquired
by a Second-hand Goods Licensee or a record of Salvage Goods acquired
by a Salvage Goods Licensee.
Licencees
No Person other than a Second-hand Goods Licensee may carry on a
Business involving the Sale of Second-hand Goods.
Notwithstanding the generality of the foregoing, a Second-hand Goods
Business Licence is not required for:
a)
The Sale of Goods solely for charitable purposes;
b)
A garage sale, such as the Sale of Goods from a residential premise
where the Sale lasts for no more than 2 calendar days and occurs no
more than two times per year, and where the vendor is either the user of
the Goods sold, or is a resident of one of several neighbourhood or
residential Building households conducting a Sale of Goods used by the
members of those households;
c)
The Renting out of Goods purchased new and Rented out as part of a
Goods Rental Business; or
d)
The Sale of Goods as part of a Pawnbroker Business
No Person other than a Salvage Goods Licensee may carry on a Business
involving the Sale of Salvage Goods.
Every Second-hand Goods Licensee and every Salvage Goods Licensee shall
instruct the Licensee's applicable individual representatives, including
employees, about the provisions of this By-law, and shall ensure that all such
representatives comply with all applicable By-law provisions.
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Terms of Licenses
Notwithstanding Sections 14 and 15 of this By-law, every Second-hand
Goods Business Licence and every Salvage Goods Business License will
commence on October 1st and expire on September 30th of the applicable
year.
Hours of Operation
No Second-hand Goods Licensee and no Salvage Goods Licensee shall carry
on Business or be open to the public after 11:00 p.m. or before 7:00 a.m. on
any day.
Acquisition of Second-Hand Goods or Salvage Goods
Upon acquisition of an item of Second-hand Goods, every Second-hand
Goods Licensee shall ensure that a label or marking, that will connect the
item with the corresponding Transaction Register entry for the item, is
affixed to the item.
No Second-hand Goods Licensee or Salvage Goods Licensee shall acquire any
Second-hand Goods or Salvage Goods directly or indirectly from:
a)
Any individual under the age of eighteen years;
b)
Any individual appearing to be under the influence of alcohol or drugs; or
c)
Any individual not presenting at least two pieces of current identification,
of the following types, provided that at least one of them is integrated
with a photograph of the individual:
i.
One of the documents included in the definition of "Identification"
in section 1 of this By-law,
ii.
Non-Canadian passport issued by the government of origin,
iii.
B.Y.I.D. ("Bring Your Identification") card issued by the Liquor
Control Board of Ontario,
iv.
Certificate of Indian Status issued by the Government of Canada,
or
v.
Conditions Release Card issued by Correctional Services of
Canada.
Every Second-hand Goods Licensee who is also licensed to carry on Business
as a Pawnbroker shall keep all Goods obtained in the course of Business as a
Second-hand Goods Licensee physically separate from Goods left in pawn.
No Second-hand Goods Licensee or Salvage Goods Licensee shall acquire,
from any Person, any item of Second-hand Goods or Salvage Goods if the
serial number on such item has been obliterated or mutilated, without first
giving notice in writing to the Issuer of Licenses, at least twenty-four hours
prior to such intended acquisition.
Transaction Register
No Second-hand Goods Licensee and no Salvage Goods Licensee shall carry
on Business or be open to the public after 11:00 p.m. or before 7:00 a.m. on
any day.
Every Second-hand Goods Licensee and every Salvage Goods Licensee shall
ensure that the Licensee's Transaction Register is updated with a new,
separate entry immediately upon the acquisition of each Goods item,
whether such acquisition is by way of purchase, exchange or any other
method of acquisition.
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Every Second-hand Goods Licensee and every Salvage Goods Licensee shall
ensure that each entry in the Transaction Register contains:
a)
A sequential acquisition number;
b)
The day, month and year of the acquisition;
c)
Description and identification particulars of the item reasonably sufficient
to identify it, such as make, model, manufacturer, serial number,
markings or other identifying features; by way of example, the
description and identification of a music recording would include the
name of the artist and the title of the music, and, for collector items, the
description and identification would include the exact number of collector
items received, and the date and description of each one, or, if more
than ten collector items are received, the date and description of the ten
most valuable ones;
d)
A description of what was provided by the Licensee in acquiring the item,
such as the amount of money paid or the Goods provided in exchange;
and
e)
The name of the individual who acted on behalf of the Licensee in
acquiring the item.
Every Second-hand Goods Licensee and every Salvage Goods Licensee shall
ensure that the Licensee's Transaction Register is:
a)
Clearly legible;
b)
Written in the English or French language; and
c)
In either paper format (such as a ledger or book) or electronic format
(such as a computer data file or cash register record) as approved by the
Issuer of Licenses.
Every Second-hand Goods Licensee and every Salvage Goods Licensee shall
ensure that the Transaction Register is not destroyed, erased or mutilated,
but is retained for at least 18 months in respect of each entry.
Every Second-hand Goods Licensee shall provide to the Issuer of Licenses, in
a format approved by the Issuer of Licenses, a copy of the description and
identification particulars of each Second-hand Goods item from the
Transaction Register, either electronically to a website or other facility
approved by the Issuer of Licences, on a daily basis, or in paper form to the
Issuer of Licenses on a weekly basis.
Retention of Second-Hand Goods
Every Second-hand Goods Licensee shall, upon receipt of Second-hand
Goods, retain them, without alteration, repair, smelting, dismantling or
modification, at the Second-hand Goods Licensee's Business Premises at
which the Goods were received, throughout the applicable retention period,
and shall keep them in a separate location from Goods previously acquired.
If the Second-hand Goods Licensee carries on Business by travelling from
place to place within the City, buying or collecting Second- hand Goods, the
Licensee shall advise the Issuer of Licences of the location where these
Goods are kept.
The retention period will not apply to Second-hand Goods which were
obtained:
a)
Directly from a public utility or other government body;
b)
Directly from another Second-hand Goods Licensee, where the
purchasing Licensee has received a receipt from the selling Licensee,
105
certifying that the Goods have already been retained for the retention
period required under this Schedule;
c)
Directly from an estate or estate auction, where the acquiring Second-
hand Goods Licensee has obtained a document from the solicitor,
executor, or other authorized representative of the estate, verifying the
origin of the Goods; or
d)
By a Second-hand Goods Licensee whose principal Business is the sale of
new Goods and who deals in Second-hand Goods only as trade-ins, the
value of which is then applied against the purchase price of new Goods -
and subsequently selling such used Goods as traded Goods. This
exemption does not apply to Second-hand Goods which are not acquired
as a trade-in but rather are purchased outright by the Second-hand
Goods Licensee.
Every Second-hand Goods Licensee who acquires any Second-hand Goods,
other than Jewellery, shall retain them for at least 30 calendar days after the
date of acquisition.
Every Second-hand Goods Licensee who acquires Jewellery shall retain it for
at least 60 calendar days after the date of acquisition.
Every Second-hand Goods Licensee who forwards the Transaction Register to
the Issuer of Licenses electronically on a daily basis may request the Issuer
of Licenses to provide written authority for the reduction of the ordinary 30
calendar day retention period to 14 calendar days. If the Issuer of Licenses
provides such authority, then the Licensee may apply the authorized 14
calendar day retention period.
Any Second-hand Goods Licensee may dispose of Goods, except for
Jewellery, before the expiration of the usual 30 calendar days, upon receiving
authorization in writing from the Issuer of Licences to sell Second-hand
Goods specified in the authorization after the retention period specified in the
authorization.
Stolen Goods
An Officer may, during regular business hours, without notice, inspect any
Premises at which a Second-hand Goods Business or Salvage Goods Business
is carried on, to determine if any Goods located there are stolen. An Officer
may, for such inspection, bring along such other Person or Persons who may
be of assistance in identifying potentially stolen Second-hand Goods.
If an Officer has a reasonable suspicion that Goods acquired by a Second-
hand Licensee may be connected to stolen Goods, the Officer may request to
see the Licensee's applicable Transaction Register, and the Licensee shall
immediately produce the Transaction Register.
For the purpose of completing an investigation, the Issuer of Licences or an
Officer may request that a Second-hand Goods item, suspected of having
been stolen, be retained for an additional period of time beyond the retention
period otherwise applicable, and, when so requested, the Second-hand
Goods Licensee shall ensure that the said Goods item is not sold, exchanged,
altered, repaired, smelted, dismantled, modified or disposed of, or, in any
way, parted with, until after the expiration of the additional period of time,
but in any event the additional period of time shall not exceed 14 calendar
days.
If an Officer has reasonable grounds to believe that certain designated
Second-hand Goods are stolen Goods, the Officer shall, upon providing a
receipt to the Second-hand Goods Licensee, be permitted to remove said
Goods for the purposes of criminal investigation. Such seized Goods shall be
returned to the Second-hand Goods Licensee within 60 calendar days unless
further detention is approved by the Licensee or authorized by a court order.
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Every Salvage Goods Licensee shall maintain the Licensee's Salvage Yard in
a neat and clean condition and in good repair.
If Salvage Goods are stored or displayed outdoors at a Salvage Yard, that
Salvage Goods Licensee shall ensure that such Goods:
a)
Are located inside a fence, surrounding the Salvage Yard, that meets all
applicable City requirements, including those in respect of the fence's
construction, nature, height, location and condition; and
b)
Are not piled higher than the fence surrounding the Salvage Yard.
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Schedule 18 Appendix "A" to City of Guelph By-law Number (2009)-18855
[Added by By-law (2019)-20376]
Goods designated as "second-hand goods"
-
Items bearing a distinctive manufacturer's number or mark, except for large
major household appliances;
-
Bicycles;
-
Collector items, such as coins, collector cards, paper currency, stamps, and
medals;
-
Electrical tools and equipment;
-
Jewellery;
-
Valuable figurines;
-
Firearms;
-
Musical instruments and accessories;
-
Computers, computer accessories, computer games, and video games;
-
Vinyl records, audio tapes, video tapes, compact disc recordings, video cassettes
and DVD's;
-
Photographic equipment, including cameras and video recorders;
-
Radios, stereos and components (including automotive), and cell phones;
-
Televisions, video cassette-recorders and players, and DVD players; and
-
Sports equipment, including but not limited to golf clubs, roller blades, snow
boards, hockey equipment, skiing equipment and tennis equipment.
108
Schedule 19 to City of Guelph By-law Number (2009)-18855 [Added
by By-law (2022)-20670]
Payday Loan Establishment
The provisions of this Schedule shall apply in respect of Businesses which operate as
Payday Loan Establishments
Interpretation
In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings:
a)
"Chartered Bank Annual Consumer Loan Rate" means the most recent
chartered bank - consumer loan rate set out in Table 176-0043 of the
Bank of Canada Financial Market Statistics.
b)
"Payday Loans Act, 2008" means the Payday Loans Act, 2008, S.O. 2008,
c.9. as amended, and includes any Regulations passed under it.
c)
"Payday Loan Establishment" means any Premises or any part of them in
respect of which a licensee within the meaning of the Payday Loans Act,
2009 may operate a business pursuant to a licence issued under that Act.
d)
"Provincial Payday Loan Licence" means a lender or broker licence issued
under the Payday Loans Act, 2008.
General Conditions
No Person shall act as a lender or loan broker as defined in the Payday Loans
Act, 2008 without a valid Provincial Loan Licence and a valid Business Licence
issued under this Schedule.
No Person shall own or operate a Payday Loan Establishment without a valid
Provincial Payday Loan Licence and Business Licence under this Schedule.
Application Requirements
Before a Business Licence under this Schedule may be issued, in addition to
complying with the requirements set out in this Schedule, every Applicant for
such Business Licence shall submit the following for an approval of the Issuer
of Licences:
a)
The name of the owner;
b)
The address of the proposed location where the owner is seeking to
operate a Payday Loan Establishment for which a Business Licence is
being sought under this Schedule;
c)
Proof that the Applicant has a current and valid Provincial Payday Loan
Licence;
d)
Accurate, scale representation of the posters that will be displayed in
accordance with sections 13 and 14;
e)
The credit counselling information that will be given in accordance with
section 15 of this Schedule; and
f)
Criminal Record and Judicial Matters Check; and
g)
Such other information as may be required by the Issuer of Licences.
Licensee Requirements
A Licensee shall:
109
a)
Inform the Issuer of Licences immediately if the Licensee's
Provincial Payday Loans Licence is suspended, ceases to be valid, is
revoked or expires;
b)
Only operate at the location authorized by the Business Licence
issued under this Schedule.
c)
Cease operating at a location authorized by a Business Licence
issued under this Schedule if the Licensee's Provincial Payday Loans
Licence or the Business Licence issued under this Schedule has
been suspended, ceases to be valid, is revoked or expires.
No Licensee shall advertise their Payday Loan Establishment on City
property, including the property of City's Agencies, Boards, and
Commissions.
Location and Number of Licence Restricted
No new Business Licence shall be issued under this Schedule if the proposed
location of the Payday Loan Establishment is:
a)
is in a location that is not permitted under the Zoning By-Law;
b)
located within 1,000 meters of another Payday Loan Establishment
licenced under this Schedule; or
c)
located within 150 meters of any schools of all types (arts, commercial,
elementary, post-secondary, private, public, secondary, and post-
secondary) and City parks.
No new Payday Loan Establishment shall be issued a Business Licence for a
location listed in section 12.
No more than six (6) Payday Loan Establishment Business Licences shall be
issued in the City of Guelph.
No more than one (1) Payday Loan Establishment Business Licence shall be
issued in any ward of the City of Guelph.
Despite sections 7, 8, 9 and 10 of this Schedule, any Payday Loan
Establishment existing and in actual use on the date this Schedule comes
into effect and listed in section 12 may continue to operate in the same
location provided:
a)
The operator obtains a Payday Loan Establishment Business Licence by
March 31, 2022;
b)
The Business is operated continuously as a business licenced under the
Payday Loans Act 2008;
c)
The Business is, at all times, operated in compliance with this Schedule
and all applicable municipal, provincial and federal laws; and
d)
The Payday Loan Establishment Business Licence is renewed annually as
required by this Schedule.
The Payday Loan Establishments existing on the date this Schedule comes
into effect are at the following locations and are eligible to be licenced under
this Schedule:
a)
78 Gordon Street, Guelph;
b)
221 Woodlawn Road West, Unit B7, Guelph;
c)
206 Silvercreek Parkway North, Unit 1, Guelph;
d)
474 Woodlawn Road East, Guelph;
110
e)
106 Silvercreek Parkway North, Unit 5, Guelph;
f)
650 Scottsdale Drive, Unit 4; Guelph, and
g)
130 Silvercreek Parkway North, Guelph.
Poster for Rates
Every Payday Loan Establishment shall display a poster at each of the offices
authorized by its Provincial Payday Loan Licence that:
a)
has been approved in advance by the Issuer of Licences;
b)
is in English;
c)
is visible to any person immediately upon entering the office;
d)
is of minimum size of 61 centimeters in width by 91 centimeters in
length; and
e)
consists of:
i.
in 144 point font, a heading setting out the words "Our Annual
Interest Rate" and the amount of the Payday Loan
Establishment's annual interest rate, which may be shown on a
replaceable card attached to the face of the poster or by any
other similar means, immediately below the heading;
ii.
in 144 point font, a heading setting out the words "Chartered
Bank - annual Consumer Loan Rate" and the Chartered Bank
Annual Consumer loan rate, which may be shown on a
replaceable card attached to the face of the poster, immediately
below the heading; and
iii.
in 34 point font and below 13(e)(i) and 13(e)(ii) the words "This
Poster is required under Schedule 19 of the City of Guelph's By-
Law No. (2009)-18855, being a By-law respecting the licencing of
Businesses."
Poster for Credit Counselling
Every Payday Loan Establishment shall display a poster at each of the offices
authorized by its Provincial Payday Loan Licence that:
a)
has been approved in advance by the Issuer of Licences;
b)
is in English;
c)
is visible to any person immediately upon entering the office;
d)
is of a minimum size of 61 centimeters in width by 91 centimeters in
length; and
e)
consists of:
i. in 144 point font, a heading setting out the words "Credit Counselling";
ii. in 144 point font, a heading setting out the word "Contact" followed by
one or more of the following credit counselling agencies:
1. Credit Counselling Canada;
2. Canadian Association of Credit Counselling Services;
3. Ontario Association of Credit Counselling Services;
4. Canadian Association of Independent Credit Counselling
Agencies;
together with their respective telephone number and email
111
address; and
iii. in 34 point font and below 14(e)(i) and 14(e)(ii) the words "This
poster is required under Schedule 19 of the City of Guelph's By-Law
No. (2009)-18855, being a By-law respecting the licencing of
Businesses."
Credit Counselling Information
Every Payday Loan Establishment shall ensure that each person who attends
at its offices, is given, immediately upon such person expressing an interest
in a loan, credit counselling information that has been approved in advance
by the Issuer of Licences.