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Consolidated
Business Licensing
By-Law
By-law 071-22
Revision Date
November 13, 2024
Amending
By-law
Date
Brief Description
Notes
086-22
July 18,
2022
Amended Section 15 - Added coming into
force date
086-24
November
13, 2024
Updating Refreshment Vehicle definition and
Schedule 15
Note
Fees contained in the By-Law are no longer
applicable and are found in the Fees and
Charges By-Law
As of Jan 1, 2025
[Editor's Note: Revoked provisions are indicated by a strikethrough. Added provisions are
indicated by underlining.]
This Office Consolidation is provided for convenience and ease of reference only. It comprises the By-Law and all
amendments and modifications up to the last date noted above. The official version of the By-Law and all amending
bylaws thereto are contained in the Clerk's Department. Any reliance upon the Office Consolidation is done at the
sole risk of the user. The Town does not verify the accuracy or completeness of the Office Consolidation and bears
no responsibility or liability to any person or entity for any deficiencies, inaccuracies, errors or omissions contained
in the Office Consolidation. This Office Consolidation only reflects amendments that have come into force and
effect as of the date of this Consolidation.
-OFFICE CONSOLIDATION-
Page 2 of 51
By-Law 071-22
"Business Licensing By-Law"
THE CORPORATION OF THE TOWN OF INNISFIL
BY-LAW 071-22
A By-Law of The Corporation of the Town of Innisfil to
provide for the licensing, regulation and governing of certain
business, trade or occupation carrying on, or engaged in,
within the Town of Innisfil and to repeal By-law 093-02 and all
amendments.
NOW THEREFORE the Council of the Corporation of the Town of Innisfil enacts as follows:
Contents
1. TITLE AND SCOPE .................................................................................................. 3
2. AUTHORITY ............................................................................................................. 3
3. DEFINITIONS ........................................................................................................... 3
4. PENALTIES .............................................................................................................. 8
5. OFFENCES AND PENALTIES ................................................................................. 8
7. VALIDITY .................................................................................................................. 9
8. ENFORCEMENT ...................................................................................................... 9
9. ADMINISTRATION ................................................................................................... 9
10.
FORCE AND EFFECT .......................................................................................... 9
11.
IDEM ................................................................................................................... 10
12.
GENERAL PROVISIONS .................................................................................... 10
13.
REPEAL EXISTING BY-LAWS ........................................................................... 17
APPENDIX 'A' - APPLICATION FORM ........................................................................ 19
APPENDIX 'B' - SCHEDULE OF FEES ........................................................................ 20
SCHEDULE '1' - ADULT ENTERTAINMENT PARLOUR .............................................. 21
SCHEDULE '2' - ADULT ENTERTAINMENT PARLOR STORES ................................. 27
SCHEDULE '3' - AMUSEMENT (Places of) .................................................................. 31
SCHEDULE '4' - BILL DISTRIBUTORS ........................................................................ 32
SCHEDULE '5' - BILLIARD, POOL OR BAGATELLE ESTABLISHMENTS .................. 33
SCHEDULE '6' - BODY-RUB PARLORS ...................................................................... 34
SCHEDULE '7' - FIREARMS - SALES/REPAIRS ......................................................... 37
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By-Law 071-22
"Business Licensing By-Law"
SCHEDULE '8' - HAWKERS AND PEDDLERS ............................................................ 40
SCHEDULE '9' - MENAGERIES ................................................................................... 42
SCHEDULE '10' - MOTOR VEHICLE DEALERS LOT .................................................. 43
SCHEDULE '11' - NEWSPAPER BOXES ..................................................................... 45
SCHEDULE '12' - PAWN SHOP ................................................................................... 46
SCHEDULE '13' - PUBLIC ADDRESS SYSTEM .......................................................... 47
SCHEDULE '14' - RACING OF MOTOR VEHICLES, GO KARTS AND MOTOR
CYCLES ........................................................................................................................ 48
SCHEDULE '15' - REFRESHMENT VEHICLE .............................................................. 49
SCHEDULE '16' - TRANSIENT SERVICE .................................................................... 51
1.
TITLE AND SCOPE
This by-law shall be known as a by-law for the licensing, regulating and governing of
trades, businesses or occupations or the persons carrying on, or engaged in and may be
cited by its short title, "The Business Licensing By-law".
2.
AUTHORITY
Municipal Act, 2001, S.O. 2001, c. 25 (as may be amended from time to time), Provincial
Offences Act R.S.O. 1990, Chapter P-33 (as may be amended from time to time).
3.
DEFINITIONS
For the purpose of this by-law:
"Adult Entertainment Parlour means any premises, or part thereof, in which the
business carried on is provided in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or inclinations.
"Adult Entertainment Parlour Stores" means any premises or part thereof in which
the principal business carried on is provided in pursuance of a trade, calling, business or
occupation, goods appealing to or designed to appeal to erotic or sexual appetites or
inclinations.
"Adult Magazine" means any magazine designed to appeal to erotic or sexual
appetites or inclinations, through the pictorial, photographic or other graphic depiction of
subject matter distinguished or characterized by the portrayal of one or more persons
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By-Law 071-22
"Business Licensing By-Law"
involved or engaging in specified sexual activities, or by an emphasis on the display of
human specified body areas.
"Adult Video Tapes" means any tapes, movies, film, graphic records, pre-recorded
magnetic tape or any other viewing or listening matter which is classified by the Ontario
Film Board as restricted with the added information piece, adult sex film.
"Advertise" means to advise, announce, apprise, command, give notice of, make
known, publish any oral, written or graphic statement made by the seller in any manner
in connection with the solicitation of business.
"Applicant" means a person who is required to be licensed pursuant to this by-law or
who has made application for a license to the Issuer of Licenses and shall include a
licensee.
"Attendant" means when used in reference to an adult entertainment parlour means
any person who provides, at or in an adult entertainment parlour, services designed to
appeal to erotic or sexual appetites or inclinations.
"Body-rub" means kneading, manipulating, rubbing, massaging, touching, or
stimulating, by any means, of a person's body or part thereof but does not include
medical or therapeutic treatment given by a person otherwise duly qualified, licensed or
registered so to do under the laws of the Province of Ontario.
"Body-rub Parlour" means any premises or part thereof where a body-rub is
performed, offered or solicited in pursuance of a trade, calling, business or occupation,
but does not include any premises or part thereof where the body-rubs performed are for
the purpose of medical or therapeutic treatment and are performed or offered by persons
otherwise duly qualified, licensed or registered so to do under the laws of the Province of
Ontario.
"Business" means a trade, business or occupation and includes the sale or hire of
goods or services on an intermittent or one-time basis, the showing for the purpose of
sale or hire of samples, patterns or specimens of any goods and an activity or thing a
local municipality may license under the provision of the Municipal Act but does not
include:
i)
a manufacturing activity or an industry, except to the extent that it sells its
products or raw material by retail;
ii)
the selling of goods by wholesale; or
iii)
the generation, exploitation, extraction, harvesting, processing, renewal or
transportation of natural resources.
iv)
for the purposes of this by-law, a business shall be deemed to be carried on
within a municipality if any part of the business is carried on within the
municipality even if the business is being carried on from a location outside the
municipality;
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By-Law 071-22
"Business Licensing By-Law"
v)
subject to the Theatres Act and the Retail Business Holidays Act, the Council of
a local municipality may pass by-laws for the licensing, regulating and governing
any business carried on within the municipality;
vi)
An activity that is conducted for profit or with a reasonable expectation of profit.
"Chief Building Official" means the person who may, from time to time, be appointed
by Council to the position of Chief Building Official in conformity with the provisions of
the Building Code Act R.S.O. 1990 and amendments thereto, or his designate.
"Chief Fire Official" means the person who may, from time to time, be appointed by
Council to the position of Chief of the Fire Department of the Town or his designate.
"Comparative Advertising" means advertising that specifically compares the
advertised brand with other brands of the same product.
"Compensation or Fee" means compensation to make equivalent return to, to pay for
and receive service.
"Competitive Advertising" means advertising that contains basically little information
and is used to allow a producer to maintain a share of the market for that product.
"Constable" means a police officer who is a member of the South Simcoe Police
Service.
"Corporation" means The Corporation of the Town of Innisfil.
"Fee" means a payment for services and remuneration paid for goods or other property.
"Goods" as it relates to Adult Entertainment Parlour Stores means books, adult
magazines, adult video tapes, pictures, slides, film, phonographic records, pre-recorded
magnetic tape or any other reading, viewing or listening matter appealing to or designed
to appeal to erotic or sexual appetites or inclinations.
"Health Unit" means the Simcoe County District Health Unit.
"Informative Advertising" means advertising that gives information about the suitability
and quality of products.
"Issuer of Licenses" means the Town Clerk, or any other person duly authorized by the
Clerk of the Town of Innisfil.
"License" means a business license issued pursuant to By-Law 093-02.
"Licensee" means a person who has been issued a license pursuant to this by-law
either in the current calendar year or in a previous calendar year and shall include an
applicant.
"Massagist" means a person who, in pursuance of a trade, calling, business, or
occupation, performs massages in a massage parlour.
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By-Law 071-22
"Business Licensing By-Law"
"Motor Vehicle" means an automobile, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power; but does not include the cars of electric
railways or other motor vehicles running, only upon rails or traction engines, farm tractor,
self propelled implement of husbandry or road-building machines.
"Officer" means a Municipal Law Enforcement Officer appointed by By-law by the Town
of Innisfil for the purposes of carrying out the enforcement of municipal by-laws.
"Operator - Adult Entertainment Parlour" means a person who alone or with others
has the right to possess or occupy an adult entertainment parlour and includes the
manager or his or her delegate who shall be on the premises at all times and who shall
be at least nineteen (19) years of age.
"Operator - Adult Entertainment Parlour Stores" means every person who provides,
in any premises or part thereof, in pursuance of a trade, calling, business or occupation,
in which adult magazines or adult video tapes are provided, or who operates any
premises or part thereof in which such magazines or video tapes are so provided.
"Owner - Adult Entertainment Parlour" means a person who alone or with others has
the right to possess or occupy an adult entertainment parlour and includes the manager
or his or her delegate who shall be on the premises at all times and who shall be at least
nineteen (19) years of age.
"Person" means any human being members of the public, association, firm,
partnership, private club, incorporated company, corporation, agent or trustee and the
heirs, executors or other legal representatives of a person to whom the context can
apply according to law.
"Premise" means land including any and all buildings or other structures thereon and
includes any vehicle or conveyance used in the operation of the business and premise
shall have the same meaning.
"Profession" means a vocation or occupation requiring special usually advanced
education, knowledge, and skill.
"Recreational Service means a trade, business, or occupation where members of the
public enjoy any pleasurable interest, pastime or amusement after paying a fee. This
definition shall also apply to places of amusement, arcades, fitness clubs, public halls,
circuses, menageries, bowling alleys, roller rinks, arenas, tourist camps, campgrounds,
and private contractors who may be contracted from time to time to operate recreational
properties and programs.
"Refreshment Vehicle" means any vehicle from which food stuffs and/or refreshments
are sold for consumption by the public and shall include, but is not limited to push carts,
wheeled vehicles and catering trucks. Includes mobile preparation wheeled vehicles
from which food prepared therein is offered for sale to the public.
"Refreshment Vehicle" - means a commercial operation from which food is cooked
and/or refreshments prepared, carried, and offered for sale for consumption and
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"Business Licensing By-Law"
dispensing to the general public. A refreshment trailer means a mobile cart or motor
vehicle provided with or without wheels or runners used for the carriage of persons or
goods and shall include, but not limited to, a car, truck, trailer, motorcycle, cart, carriage,
container, wagon, snow mobile or all-terrain vehicle.
[Amended by By-Law 086-24]
"Service" means to provide or perform work done and benefit conferred upon another
for a fee and profit.
"Services" designed to appeal to erotic or sexual appetites or inclinations means
services of which the principal feature or characteristic is the nudity or partial nudity of
any person. Services in respect of which the word "nude", "naked", "topless",
bottomless", "sexy", "nu" or any other word or any picture, symbol or representation
having like meaning or implication is used in any advertisement.
"Services" as it relates to Adult Entertainment Parlours means activities, facilities,
performances, exhibitions, viewings, and encounters but does not include the exhibition
of a film approved under the Theatres Act.
"Shareholder" and any words referring to the holding of shares includes all persons
having a beneficial interest of any kind in the shares of the corporation.
"Specified Body Areas" means in the case of a female person, her areola; and in the
case of all persons the genitals and the anus.
"Specified Sexual Activities" means one or more of the following actual or simulated
sexual intercourse, masturbation, urination, defecation, ejaculation, anal intercourse, oral
intercourse and direct physical stimulation of unclothed genital organs.
"To Provide" means when used in relation to any goods, magazines or video tapes,
means to sell, offer to sell or display for sale, by retail or otherwise including renting or
barter for trade such magazine or video tape, and "provider", "providing" and "provision"
have corresponding meanings.
"Town" means The Corporation of the Town of Innisfil.
"Trader" means a merchant retailer who makes it his business to buy merchandise,
goods or chattels to sell the same at a profit. One who sells goods substantially in the
form in which they are bought; one who has not converted the goods into another form
of property by skill and labour.
"Trailer" - means any vehicle so constructed that it is suitable for being attached to a
motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and
capable of being used for the living, sleeping or eating accommodations of persons,
notwithstanding that such vehicle is jacked up or that its running gear is removed, but
shall not include vehicles generally classified as "mobile homes".
"Transient Trader" - means a person, firm, corporation or otherwise, whose name has
not been entered on the assessment roll in respect of business assessment for the then
current year and who offers goods, wares or merchandise for sale by auction, conducted
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"Business Licensing By-Law"
by themselves or by a licensed auctioneer or otherwise, or who offers merchandise, and
is for sale in any other manner.
"Vehicle" - means a conveyance provided with wheels or runners used for the carriage
of persons or goods and shall include, but not be limited to a car, motorcycle, carriage,
cart, wagon, trailer, truck, snow mobile or all terrain vehicle.
"Zoning Administrator" - means a person or delegate who may be appointed from time
to time by Council to administer the Town Zoning By-law.
4.
PENALTIES
Any person who contravenes any provision of this by-law unless otherwise provided
herein is guilty of an offence, and
4.1.
each day that a breach of this by-law continues shall constitute a separate
offence, and
4.2
is guilty of an offence and upon conviction is liable to a fine of up to $5,000.00 for
each day upon which the contravention continues. Should the maximum fine
under the Provincial Offences Act be raised subsequent to the date of passage of
this by-law, to a fine of up to such amount.
5.
OFFENCES AND PENALTIES
The offences and penalties for contravention of Schedules 3, 4 and 5 shall be as follows:
5.1
Every person who contravenes any provisions of the Schedules 3, 4 and 5 of the
by-law and every director or officer of a Corporation who concurs in such
contravention by the Corporation, is guilty of an offence and on conviction is
liable to a fine not exceeding $25,000.00 or to imprisonment for a term of not
exceeding one year, or both as provided for under Section 329(1) of the
Municipal Act, R.S.O. 1990, Chapter M45.
5.2
Notwithstanding sub-section 4.1, where a Corporation is convicted of an offence
under the provisions of this by-law the maximum penalty that may be imposed on
the Corporation is $50,000, and not as provided therein - Section 329(2) of the
Municipal Act R.S.O. 1990, Chapter M45.
5.3
Where an owner is convicted of knowingly carrying on or engaging in a trade,
calling, business or occupation on, in, or in respect of any premises of part
thereof without a license required by a by-law passed under the Municipal Act,
R.S.O. 1990, Chapter M45 the court shall order that the premises or part thereof
be closed to any use for any period not exceeding two years. Section 330(1)
Municipal Act, R.S.O. 1990, Chapter M45.
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By-Law 071-22
"Business Licensing By-Law"
6.
Where a person is convicted of a contravention of a by-law passed under Sections 224
or 225 of the Municipal Act, R.S.O., Chapter M45, the court may order that the premises
or part thereof be closed to any use for any period not exceeding two years. Section
330(2) Municipal Act R.S.O. 1990, Chapter M45.
7.
VALIDITY
Should any section, sub-section, clause, paragraph or provisions of this by-law be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the by-law as a whole.
7.1
Where any expression of time occurs or where any hour or other period of time is
stated, the time referred to shall be standard time, provided however, if what is
known as "daylight saving time" has been generally adopted in the regional area
for any period of the year, under any statute, order-in-council, by-law, resolution
or proclamation whether the same is effective in law or not, such time shall be
the time referred to during such period in any reference to time in this by-law.
7.1.1 The schedules to this by-law shall form part of this by-law and each entry
in a column of such a schedule shall be read in conjunction with the entry
or entries across therefrom and not otherwise.
7.1.2 Words used in the singular shall have corresponding meanings when
used in the plural.
7.1.3 "May" shall be construed as permissive.
7.1.4 "Shall" shall be construed as imperative.
8.
ENFORCEMENT
This by-law shall be enforced by the officers of the Town's Municipal Law Enforcement
Officers and the South Simcoe Police Service.
9.
ADMINISTRATION
This by-law shall be administered by the Clerk or his duly authorized representative.
10.
FORCE AND EFFECT
10.1
This by-law shall come into force and take effect on and from the day it is finally
passed by Council.
10.2
Every license issued under this by-law shall expire at 12:00 midnight one year
from the day on which the business license was issued in each calendar year.
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"Business Licensing By-Law"
11.
IDEM
Unless the contrary intention appears in this by-law, words importing the masculine
gender only shall include females as well as males and the converse.
12.
GENERAL PROVISIONS
12.1
Licenses
No person shall carry on, conduct, operate, maintain, keep or engage in any
business set forth in this by-law, without first having obtained a license from the
Issuer of Licenses of the Town of Innisfil to do so.
12.2
Application for License
Any person wishing to obtain a license shall:
12.2.1 apply in writing on the appropriate application form as set out in Appendix
"1" of this by-law,
12.2.2 deposit the required license fee as set out in Appendix "2" of this by-law,
and
12.2.3 deposit an application fee for each new business as set out in Appendix
"1" of this by-law, with the Issuer of Licenses prior to the issuance of any
such license.
12.3
The Issuer of Licenses shall not issue a license until the new application and
license is paid, and all requirements have been met.
12.4
Every type of business as the same company at the same location set forth in
this by-law shall not require a separate application form to be completed and filed
with the issuer of Licenses.
12.5
Upon receipt of an application the Issuer of Licenses shall make or cause to be
made, any investigation which he deems advisable relative to the application,
and any costs incurred in such inspection shall be at the applicant's expense.
12.6
The applicant shall be responsible for obtaining all necessary inspections and
approvals as set out in this by-law.
12.7
Applicant shall show proof that all outstanding realty taxes, where applicable due
on the premises issued in connection with licensed activity are paid up to date.
12.8
Upon receipt of a completed application and the appropriate fees for a license,
the Issuer of Licenses shall:
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12.8.1 make, or cause to be made, any inquiries to any municipal official or
employee who has carried out inspections relative to the business under
application, and
12.8.2 receive reports from such municipal officials and employees as may be
deemed necessary, and
12.8.3 inquire into all relevant matters in order to ascertain if the applicant is
entitled to a license under the provisions of this by-law, and
12.8.4 ensure that all other provisions of this by-law have been complied with by
the applicant prior to the issuance of any such license.
12.9
Application for Renewal License
Any person wishing to renew a license previously granted under this by-law,
shall:
12.9.1 submit a renewal application form to Customer Serve, section of Clerk
Services.
12.9.2 deposit the required license fee as set out in Appendix "2" with the Issuer
of Licenses prior to the renewal of any such license.
12.10 Where the Issuer of Licenses receives an application for renewal of a license
previously granted under this by-law and the appropriate fees he shall:
12.10.1
ensure that all inspections and approvals, as may be required have
been obtained,
12.10.2
make inquiries into all relevant matters in order to ascertain if the
applicant is entitled to obtain a renewed license under the provisions
of this by-law,
12.10.3
inquire into any and all relevant changes in circumstances since the
previous license was issued to the applicant,
12.10.4
make any inquiries to any municipal official or employee who has
carried out inspections or investigations relative to the business under
application,
12.10.5
receive reports from such municipal officials and employees as may
be deemed necessary, prior to the issuance of any such renewal
license.
12.10.6
ensure whether or not the applicant or licensee has any fines (due
and unpaid for fifteen days or more) imposed under the Provincial
Offences Act for the contravention of the applicable section of this by-
law under which the license was granted.
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12.10.7
whether or not the applicant or licensee has paid all business and
realty taxes due on the premises used in connection with the licensed
activity.
12.10.8
provide proof of insurance.
12.11 Where all necessary inspections and approvals have been obtained and where
the Issuer of Licenses is satisfied that the applicant is entitled to the renewal of a
license, the Issuer of Licenses shall prepare and issue a license to the said
applicant.
12.12 Form of License
Every license shall show therein:
12.12.1
the operating name of the business or person to whom the license is
issued, and
12.12.2
the operating address of the premises or location for which the license
is issued, and
12.12.3
the kind or class of license granted, and
12.12.4
the date of issue, and
12.12.5
the date of expiration, and
12.12.6
the signature of the Issuer of Licenses or his designate, and
12.12.7
be affixed with the Town seal.
12.13 Lost or Destroyed
In the event that a license issued under this by-law is lost or destroyed the
applicant shall:
12.13.1
submit satisfactory proof of such loss or destruction,
12.13.2
submit payment for a replacement fee of fifteen dollars ($15.00),
12.13.3
on receipt of the foregoing, the Issuer of Licenses shall issue a
duplicate license with the word "duplicate" stamped or marked on it.
12.14 Change of Name, Ownership or Location
Every licensee shall, upon change of ownership of the licensed business, return
and surrender his current license to the Issuer of Licenses. The new owner shall
make application for a new license as outlined in Section 12 of this by-law. For
the purpose of this section, any change in share ownership of a corporate owner
shall constitute a change of ownership under this clause.
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12.15 Where a currently licensed business changes premises, such new premises shall
not be deemed to be licensed. The applicant must immediately make application
for a new business license under the provisions as set out in Section 12.12.2 and
shall surrender to the Issuer of Licenses the license issued to his previously
licensed location.
12.16 Licenses Personal
No person shall enjoy a vested or property right in any license or the continuance
of any license and such license and such rights shall remain the property of the
Town.
12.17 Nuisance Abatement
Every person required to be licensed under this by-law, in addition to any other
provisions or requirements expressed elsewhere in the by-law shall comply with
the following requirements:
12.17.1
at all times maintain and keep safe and clean and in good condition
and repair any object, amusement, vehicle, place or premises for
which the license is issued,
12.17.2
shall not cause, suffer, or permit any breach of any by-law of the
corporation or of any local board thereof, or of any statute, order-in-
council, or regulation of the legislature of the Province of Ontario or
the Parliament of Canada or of any agency, board of commission of
either of them, in, upon, or in connection with the object, amusement,
place or premises for, or in relation to which such license was issued.
12.17.3
shall not cause, suffer or commit any nuisance to arise in, on, or in
connection with the object, amusement, vehicle, place or premises for
which the license was issued.
12.17.4
shall not cause, suffer or permit any shouting, noise or other
disturbance on, in, or in connection with the object, amusement,
vehicle, place or premises for which the license was issued, which is
unnecessary, unreasonable or contrary to any municipal by-law
prohibiting the same.
12.17.5
shall not cause, suffer, or permit any obstruction on any highway, lane
or public place in front of, or adjoining the place or premises for which
the license was issued.
12.17.6
shall not cause, suffer or permit any profane, offensive or abusive
language or disorderly conduct in, on, or in connection with any
vehicle, place or premises for which the license was issued.
12.18 Every person who acquires a license that is issued under this by-law is
responsible for the due performance and observance of all the provisions of this
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by-law by himself and by his employees and all other persons in, or upon the
premises which is licensed under the provisions of this by-law.
12.19 Inspection
The Issuer of Licenses, or his designate and without limiting the generality
thereof shall include the Chief Fire Official, Fire Fighter, Provincial Offences
Officers, Municipal Law Enforcement Officers, Chief of Police, Police Inspectors
or Police Officers, or any agent, servant or employee of such servants as
designated by Council, may at all reasonable times, inspect or cause to be
inspected the premises, facilities, equipment, vehicles and other property used or
kept for hire in connection with the carrying on of a business which is licensed or
which is required to be licensed pursuant to this by-law.
12.20 Every person obtaining a license under this by-law, where the same applies to
the occupation of such person, shall carry his license with him when engaged in
the occupation for which the license is issued and every person so licensed shall,
when so requested by any person authorized by the council, produce the license
for inspection.
12.21 Every person obtaining a license under this by-law, where the same applies to
premises, shall keep his license posted up in some conspicuous place on the
premises in respect of which the license is issued and every person so licensed
shall, when so requested by any person authorized by the council, produce the
license for inspection.
12.22 Refusal to Grant a License
The Issuer of Licenses may refuse to issue a license to any applicant who, in his
opinion, should not be licensed because of past breaches of this by-law or
because of failure to comply with the requirements of this by-law or other
applicable by-laws of the Town or of any local board thereof, or of any statute,
order-in-council, or regulation of the Provincial Legislature or the Parliament of
Canada or of any Agency, or Board of Commission thereof, in, upon or in
connection with the applied for licensed activity of the premises, facilities,
equipment, vehicles and other property used or kept for hire in connection with
the licensed activity.
12.23 The Issuer of Licenses may refuse to issue a license to any applicant who has
committed past breaches of this by-law or other applicable by-laws.
12.24 Notice of revocation of any license may be given by registered letter mailed to
the address on the license and upon such mailing the license shall terminate.
12.25 Upon revocation and/or suspension of a license the licensee shall:
12.25.1
return all certificates and badges issued with reference to such
license, and
-OFFICE CONSOLIDATION-
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By-Law 071-22
"Business Licensing By-Law"
12.25.2
permit any officer to enter the premises, vehicle or other property of
the licensee for the purpose of receiving or taking the certificates or
badges,
12.25.3
in no way hinder, prevent or obstruct the officer from carrying out his
duties.
12.26 Notice and Appeal
12.26.1
Where the Issuer of Licenses refuses to issue, suspends or revokes a
license the said Issuer of Licenses shall notify the applicant, in writing,
of such decision and the said notice shall set out the grounds upon
which the issue of the said license is refused and shall state that the
applicant or licensee may appeal such decision by filing an appeal
with the Clerk of the municipality within fifteen days as set out in this
by-law.
12.26.2
Where the Issuer of Licenses refuses to grant a license, suspends or
revokes a license under this by-law, the applicant or licensee may
appeal this decision to the Council of the Corporation by filing with the
Clerk, an appeal in writing, of the said decision within fifteen days of
being notified of the decision of the Issuer of Licenses.
12.26.3
Upon receipt of an appeal from the applicant the Clerk and Council
shall follow the procedure set out in this by-law.
12.26.4
The Council of The Corporation may, after the appropriate hearing is
conducted, grant a license, refuse to grant a license, revoke a license
or suspend a license and may make any suspension of license
subject to such terms or conditions as Council may prescribe and a
decision made pursuant to the exercise of these powers is final and
binding upon the applicant or any license.
12.26.5
Council, in considering whether or not to grant a license, refuse to
grant a license, or to revoke or suspend a license may have regard to
the following:
12.26.5.1 whether or not the applicant or licensee and the premises,
facilities, equipment, vehicles and other personal property
used or kept for hire in connection with the carrying on of a
business which is licensed or which is required to be
licensed, pursuant to this by-law, complies with all
requirements of this by-law.
12.26.5.2 whether or not the applicant or licensee has failed to
promptly remedy any reasonable concern with regard to
those matters set out in this by-law or has committed past
breaches of this by-law.
12.26.5.3 whether or not the applicant or licensee has failed to
comply with any requirements of any other applicable by-
-OFFICE CONSOLIDATION-
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By-Law 071-22
"Business Licensing By-Law"
law of the Town or any local board thereof or of any
statute, order-in-council or regulation of the Provincial
Legislature or the Parliament of Canada or of any Agency,
Board or Commission thereof, in, upon or in connection
with the licensed activity or the premises, facilities,
equipment, vehicles and other property used or kept for
hire in connection with the licensed activity.
12.26.5.4 whether or not the applicant or licensee has any fines (due
and unpaid for fifteen days or more) imposed under the
Provincial Offences Act for the contravention of the
applicable section of this by-law under which the license
was granted.
12.26.5.5 whether or not the applicant or licensee has paid all
business and realty taxes due on the premises used in
connection with the licensed activity.
12.27 Council shall comply with the following procedure in granting a license, refusing
to grant a license, revoking or suspending any license issued under this by-law:
12.27.1
where Council wishes to consider whether or not to issue a license or
to grant a license or to suspend or revoke a license issued under this
by-law, the Clerk shall fix a date and time for such matter to be
considered by Council and shall mail a Notice of Hearing to the
licensee (at his last address as shown in the records of the Issuer of
Licenses or the current year's assessment roll) and to any other
person who has applied to be heard with regard to the matter.
12.27.2
such notice shall be mailed at least fifteen days prior to the date and
time fixed for such hearing.
12.27.3
at such hearing Council shall receive a report, either verbally, or in
writing, from the Issuer of Licenses and from such other officers or
employees of the Corporation who considered by Council.
12.27.4
at the hearing before Council, the licensee, either personally or
through his agent or solicitor, shall be afforded an opportunity to
present such material and evidence relevant to the issue before
Council as he may deem expedient and he may ask questions of any
person presenting evidence or a report to Council relevant to the said
issue.
12.27.5
Council may, in its sole discretion, afford any other person who
applied to be heard and who appears to have an interest in the
matters under discussion, an opportunity to present material and
evidence relevant to the issue before Council and to ask questions of
any person presenting evidence or a report to Council relevant to the
said issues.
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12.27.6
for the purposes of this section, a quorum of Council shall be a
majority of the members of Council and a decision by the majority of
members present shall be the decision of Council.
12.27.7
Council may, after having heard all of the evidence and submissions
made to it by the applicant/licensee and the Issuer of Licenses resolve
into the Committee of the Whole, to debate the matter and to reach its
decision.
12.27.8
the decision made by Council sitting as the Committee of the Whole
shall be confirmed in open Council by resolution immediately following
the meeting of the Committee of the Whole and a certified copy of
such resolution shall be mailed to the licensee, to any person who has
appeared before Council and requested that a copy of the resolution
be provided to them and to the Issuer of Licenses.
12.28 The decision of Council to keep a license, refuse to issue a license, revoke a
license or suspend a license may be subject to such terms as Council shall
impose and shall be final.
12.29 No person shall engage in, or continue to conduct, or permit any person to
engage in or continue to conduct, a business for which a license is required
under the by-law while such license is suspended or revoked under the
provisions of this by-law.
12.30 Every person engaging in any business for which he is required to be licensed by
the provisions of this by-law shall be responsible that all the provisions of this by-
law with respect to the same are complied with.
12.31 No person shall knowingly make a false statement on an application for a license
or a renewal
12.32 No license issued under this by-law is transferable.
13.
Repeal Existing By-laws
In the event that any by-law or part of any by-law passed by the former municipalities of
the Township of Innisfil, Village of Cookstown, Township of West Gwillimbury, Township
of Essa and the Township of Tecumseth which are in conflict with the provisions of this
by-law the provisions of this by-law shall take precedence or shall govern.
14.
By-Law 093-02 and its amendments are hereby repealed.
15.
This By-Law shall come into force and effect on a date to be named by the Town's CAO
on August 15th, 2022.
[Amended by By-Law 086-22]
Pass this 22nd day of June 2022.
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Page 18 of 51
By-Law 071-22
"Business Licensing By-Law"
_____________________________
Lynn Dollin,
Mayor
_____________________________
Lee Parkin,
Clerk
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APPENDIX 'A' - APPLICATION FORM
CATEGORY: ____________
BUSINESS LICENSE APPLICATION
FILE: ___________________
LIC.# __________________
NEW BUSINESS: ____________ RENEWAL: ______________
LICENSE FEE: ______________
_______________________________________________________________________________________
CLIENT IDENTIFICATION:
Registered Name of Business: ______________________________________________________________
Name of Applicant: _______________________________________________________________________
Address of Applicant: _____________________________________________________________________
Operating Business Address: ________________________________________________________________
Roll# of address where business is being conducted: _____________________________________________
Mailing Address: ________________________________________________________________________
Class of Business: (ie: trade - electrician) ______________________________Zoning:(ie: C2) ____________
Phone No's: Res.: ____________________ Bus.: _______________________ Cell: __________________
Contact Name/Position: ____________________________________________________________________
Insurance Company Name: _____________________________ Policy #_________________________
(Copy of policy must accompany this application)
Broker Name & Phone #: ________________________________ Policy Period: ____________________
Ministry of Labour Certification (if applicable) ____________________________________________________
Ministry of Environment & Energy No. (if applicable) ______________________________________________
Trades Qualification Act #: __________________________________________________________________
Do you agree to have your business name published on the Town's Economic Development Web Page for
public use?
Yes No
_______________________________________________________________________________________
(Office Use Only)
DATED this ______ day of _____________
Signature of Owner or Authorized Agent ___________________________________
DATE LIC. MAILED: ________________________
____________________________________
Witnessed by:(Town Staff)
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APPENDIX 'B' - SCHEDULE OF FEES
BUSINESS
SCHEDULE
COMMENTS
FEES
Adult Entertainment Parlour
(Schedule 1)
10,000.00
Adult Entertainment Parlour Store
(Schedule 2)
10,000.00
Amusement (Place of)
(Schedule 3)
300.00
Bill Distributor
(Schedule 4)
100.00
Billiard, Pool
(Schedule 5)
Facilities inspected annually by MLE Dept. 100.00
for ea. billiard, pool, or bagatelle table
10.00
Body-rub Parlour
(Schedule 6)
10,000.00
Firearms - Sales/Repairs
(Schedule 7)
Sales, Service, Repairs
100.00
Hawker/Peddler
(Schedule 8)
(each individual)
100.00
Menageries
(Schedule 9)
Facilities inspected annually by MLE Dept. 300.00
Motor Vehicle Dealer
(Schedule 10)
Motor Vehicle Dealers Act Registration
Certificate
100.00
Newspaper Box
(Schedule 11)
50.00
plus required per box
15.00
Pawn Shop
(Schedule 12)
$2,000 Letter of Credit required to be
maintained
100.00
Public Address System
(Schedule 13)
50.00
Racing Vehicles
(Schedule 14)
300.00
Refreshment Vehicle
(Schedule 15)
Propane Inspector - approval where
applicable
300.00
Transient Trader
(Schedule 16)
Not renewable
300.00
[Fees contained in the By-Law are no longer applicable and are found in the Fees and Charges
By-Law]
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SCHEDULE '1' - ADULT ENTERTAINMENT PARLOUR
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate, permit, or maintain the business, trade or occupation of an
adult entertainment parlour within the Town without first having obtained a licence to do
so.
DEFINITIONS
2.
The definitions in this section shall govern:
2.1
"Adult Entertainment Parlour" - means any premises, or part thereof, in which
the business carried on is provided in pursuance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations;
2.2
"Attendant" when used in reference to an adult entertainment parlour means
any person who provides, at or in an adult entertainment parlour, services
designed to appeal to erotic or sexual appetites or inclinations;
2.3
"Operator" means a person who alone or with others has the right to possess or
occupy an adult entertainment parlour and includes the manager or his or her
delegate who shall be on the premises at all times and who shall be at least
nineteen (19) years of age;
2.4
"Owner" means a person who alone or with others has the right to possess or
occupy an Adult Entertainment Parlour and includes a lessee of an Adult
Entertainment Parlour or of premises upon which an Adult Entertainment Parlour
is located;
2.5
"To Provide" when used in relation to services includes to furnish, perform,
solicit, or give such services and "providing" and "provisions" have corresponding
meanings;
2.6
"Services" includes activities, facilities, performances, exhibitions, viewings and
encounters but does not include the exhibition of a film approved under the
Theatres Act;
2.7
"Services Designed to Appeal to Erotic or Sexual Appetites or
Inclinations" -(as defined under Adult Entertainment Parlour) includes services
of which the principal feature or characteristic is the nudity or partial nudity of any
person, Services in respect of which the word "nude", "naked", "topless",
bottomless", "sexy", "nu" or any other word or any picture, symbol or
representation having like meaning or implication is used in any advertisement.
2.8
"Shareholder" and any words referring to the holding of shares includes all
persons having a beneficial interest of any kind in the shares of the corporation.
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3.
If the applicant is an individual, the applicant shall file with the application, his full name,
birth date, and mailing address.
4.
If the applicant is a corporation, the applicant shall file with the application the full name
and birth date of every shareholder or other person having an interest of any kind in the
shares of the corporate applicant and shall also provide the mailing address of the
corporation. The applicant shall be responsible for maintaining a current list of
shareholders with the Issuer of Licences at all times.
5.
If the applicant is a partnership, the applicant shall file with the application the full name
of every partner, the birth date of every partner and the mailing address of the
partnership. The applicant shall be responsible for maintaining a current list of the
members of the partnership with the Issuer of Licences.
6.
Any person to whom this section relates shall notify the Issuer of Licences immediately
of any change in any of the particulars required to be filed with the Issuer of Licences.
7.
In the event of a sale, lease, or disposal in any other manner of the licensed premises,
the new owner, purchaser, lessee or other person obtaining the premises and intending
to utilize the same for the purpose of an adult entertainment parlour, shall apply as a
new business in accordance with the Bylaw.
8.
Every person carrying on the business of an adult entertainment parlour shall
prominently display at each entrance to the premises sufficient signage reading:
9.
No person shall provide services in any adult entertainment parlour unless such
premises are licensed under the provisions of this Bylaw.
10.
Every licensee shall provide and maintain, with the Issuer of Licences at all times, and
as may be required, a current list of all entertainers, the professional name under which
they perform, their legal name, current residing address, and current mailing address.
11.
The license fee for an adult entertainment parlour shall be ONE THOUSAND AND FIVE
HUNDRED ($1,500.00) DOLLARS. All licenses issued under this by-law shall expire at
12 midnight one year from the day on which the business license was issued in each
calendar year.
12.
The license issued pursuant to the provisions of Schedule 3 of this by-law to an owner or
operator of an adult entertainment parlour is not transferrable to any other owner or
operator.
13.
Conditions for issuance for an Adult Entertainment Parlour license:
13.1
No license shall be issued to an owner or operator of an adult entertainment
parlour unless:
13.1.1
the applicant is at least nineteen (19) years of age, and
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13.1.2
the Chief of Police has reported in writing that the Applicant has not
received a conviction under one of the following sections of the
Criminal Code of Canada or the Narcotics Act or the Food and
Drug Act.
-
S.173 of the Criminal Code (indecent acts)
-
S.212 of the Criminal Code (procuring)
-
S.213 of the Criminal Code (prostitution)
-
S.4 of the Narcotics Control Act (trafficking)
-
S.39 S.47, and S.48 of the Food and Drug Act (trafficking), and
13.1.3
the premises comply with the zoning by-law regulations or any other
applicable requirements of the Town, Fire Code, Building Code and
Public Health Act, and
13.1.4
the Chief Fire Official has reported in writing that the premises
comply with fire regulations, and
13.1.5
The Health Unit has reported in writing that the premises in
connection with which the license is sought are suitable for the
purpose of the license application and are in a sanitary condition, and
13.1.6
in the case of an operator's license, the operator provides the name of
the owner whose entertainment parlour the operator intends to
operate, and
13.1.7
the adult entertainment parlour is located in an area referred to in
Section 17. of this Schedule, and
13.1.8
the applicant has paid to the Town the license fee prescribed by this
by-law;
13.2
The Issuer of Licenses shall cause such investigation to be made as is required
to be satisfied that there has been compliance with the provisions of this by-law
prior to the issuance or renewal of an owner's or operator's adult entertainment
parlour license.
AGE RESTRICTION
14.
No owner or operator shall permit any person under the age of eighteen (18) years to
enter or remain in the adult entertainment parlour owned or operated by the owner or
operator.
HOURS OF OPERATION
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15.1
No owner and/or operator shall, in respect of an adult entertainment parlour owned or
operated by such person, open the adult entertainment parlour for business or permit the
same to be or to remain open for business or permit any services of any kind to be
provided in the said adult entertainment parlour at any time from the hours of 2:00
o'clock (a.m.) in the forenoon of any day to 6:00 o'clock afternoon (p.m.) of the same
day.
15.2
During the hours of business of an adult entertainment parlour, it shall be the
responsibility of the owner or the operator, if any, to ensure that the door or doors or
other principal means of access into the adult entertainment parlour shall be kept
unlocked.
ATTENDANTS
16.1
Criminal Offence
No owner or operator shall permit or allow any attendant on the premises to take part in
any criminal activity relating to drug trafficking, stolen property or any other criminal
offence provided for under the Criminal Code of Canada, the Narcotics Control Act, the
Food and Drug Act, and/or any provision of this by-law, failing which the owner and/or
operator shall be subject to suspension or revocation of the license held pursuant to this
by-law.
16.2
Age Restriction
No owner or operator shall permit any attendant under the age of eighteen (18) years to
enter or remain in the adult entertainment parlour owned or operated by the owner or
operator.
16.3
Proof of Age and Photo ID
No owner or operator shall permit any attendant on the premises licensed pursuant to
this Schedule and by-law without first having been provided with the appropriate photo
identification and proof of age. Until this proof of age is submitted, the attendant shall
not be permitted on the premises and failing which the owner and/or operator shall be
subject to suspension or revocation of the license held pursuant to this schedule.
LOCATION
17.
Number
17.1. Licenses for adult entertainment parlors shall be restricted on the basis of ratio of
licenses population and for the purpose of this by-law that ratio shall be one
license for each 12,000 persons population residing in the Town pursuant to the
most recent annual census count.
17.2
Location
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17.2.1
No adult entertainment parlour shall be operated closer than 300
metres measured in a continuous path over the shortest horizontal
distance from a residence, or residential zone as established in the
Town Zoning By-law, or a public park or school as defined under the
Education Act, Chapter E2, R.S.O. 1990;
17.2.2
No adult entertainment parlour shall be located closer than 300
metres from any other adult entertainment parlour;
17.2.3
"Adult Entertainment Parlors may operate within Lot 6, Concession 7
and Lots 6, 7 and Part of the North half of Lot 8, Concession 8;
provided they comply with the provisions stipulated within Zoning By-
law No. 24-83. No Adult Entertainment Parlour shall be operated
within 300 metres from Innisfil Beach Road and Provincial Highway
No. 400.
17.2.4
Notwithstanding anything to the contrary, an adult entertainment
parlour may be operated at the premises described as Lot 1, Plan
1167, Conc. 7, so long as renewal of the current license to the same
owner continues.
SIGNAGE
18.
No owner or operator of an adult entertainment parlour shall place or permit placement
of any sign or other advertising device within the Town of Innisfil that includes any of the
following words:
18.1
"Nude", "naked", "topless", "bottomless", "sexy", "nu", or any other word or any
picture, symbol or representation having like meaning or implication.
GROUNDS FOR REFUSAL TO LICENSE, RENEW OR REVOKE
19.
An applicant whose application meets all the requirements of this by-law is entitled to a
license, except where:
19.1
the applicant is carrying on activities that are, or will be if licensed, in
contravention of this by-law or any other law, by-law or statute.
19.2
The provisions of Sections 12 of this by-law shall apply to all matters regarding
the grounds for refusal to license, renew or revoke a municipal business license.
INSPECTION
20.1
On receipt of an application for a license or for any renewal of a license or at any time
during the period when the business is open for operation and all times thereafter, the
Issuer of Licenses, Chief Fire Official or designate, Chief Building Official, any Police
Officer or Municipal Law Enforcement Officer may at any reasonable time enter upon the
premises of the applicant or licensee to make an inspection to ensure that all the
provisions of this by-law have been satisfied, and upon entry, all employees and
attendants shall identify themselves to verify compliance with provisions of this by-law.
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21.2
No person shall obstruct the Issuer of Licenses or designate, Chief Building Official, any
Police Officer or Municipal Law Enforcement Officer from inspecting premises or
withhold, destroy, conceal or refuse to furnish any information or thing required by any
one the aforesaid official(s) conducting the inspection.
PROHIBITIONS
22.1
No attendant shall, while providing services as an attendant, touch or be touched by or
have any physical contact with any other person, in any manner whatsoever involving
any part of any person's body.
22.2
No owner or operator shall, in respect of any Adult Entertainment Parlour owned or
operated by such person, knowingly permit any attendant, while providing services as an
attendant, to touch or be touched by, or have any physical contact with any other
person, in any manner whatsoever involving any part of any person's body.
22.3
No attendant shall provide any service which is not within view of the main stage area
without obstruction by walls, curtains or any other enclosures whatsoever. No attendant
shall provide any service within any area whatsoever which is not open to view by all
customers.
22.4
No owner or operator shall, in respect of any Adult Entertainment Parlor owned or
operated by such person, allow any service to be provided by any attendant within any
area whatsoever which is not open to view by all customers, and in the same manner as
set out in 22.3.
22.5
No owner shall permit any person other than the dancers (performers) to be on the
performance stage while adult entertainment is being performed.
INSURANCE
23.1
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
23.2
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under 23.1 above be cancelled for any reason,
the Town of Innisfil Municipal Law Enforcement Department will be immediately notified
in writing.
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SCHEDULE '2' - ADULT ENTERTAINMENT PARLOR STORES
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate or permit to be operated any adult entertainment parlor store in
which goods are provided without first obtaining a license from the Issuer of Licenses of
the Town of Innisfil.
2.
A separate owner's license shall be required for each adult entertainment parlor store.
3.
The license issued pursuant to the provisions of Schedule 4 of this by-law to an owner or
operator of an adult entertainment parlor store is not transferable to any other person or
corporation.
4.
The license fee for the license required shall be ONE THOUSAND AND FIVE
HUNDRED ($1,500.00) DOLLARS. All licenses granted under this by-law shall expire at
12 midnight one year from the day in which the business license was issued in each
calendar year.
DEFINITIONS
5.
The definitions of this Section shall govern:
5.1
"Adult Entertainment Parlor Stores" means any premises or part thereof in
which the principal business carried on is provided in pursuance of a trade,
calling, business or occupation, goods appealing to or designed to appeal to
erotic or sexual appetites or inclinations;
5.2
"Goods" includes books, adult magazines, adult video tapes, pictures, slides,
film, phonographic records, pre-recorded magnetic tape or any other reading,
viewing or listening matter appealing to or designed to appeal to erotic or sexual
appetites or inclinations.
5.3
"Adult Magazine" means any magazine designed to appeal to erotic or sexual
appetites or inclinations, through the pictorial, photographic or other graphic
depiction of subject matter distinguished or characterized by the portrayal of one
or more persons involved or engaging in specified sexual activities, or by an
emphasis on the display of human specified body areas.
5.4
"Adult Video Tapes" means any tapes, movies, phonographic records, pre-
recorded magnetic tape or any other viewing or listening matter appealing to or
designed to appeal to erotic or sexual appetites or inclinations, through the
viewing of subject matter distinguished or characterized by the portrayal of one or
more persons involved or engaging in specified sexual activities, or by an
emphasis on the display of human specified body areas.
5.5
"Operator" means every person who provides, in any premises or part thereof,
in pursuance of a trade, calling, business or occupation, in which adult
magazines or adult video tapes are provided, or who operates any premises or
part thereof in which such magazines or video tapes are so provided.
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5.6
"To Provide" when used in relation to any goods, magazines or video tapes,
means to sell, offer to sell or display for sale, by retail or otherwise including
renting or barter for trade such magazine or video tape, and "provider",
"providing" and "provision" have corresponding meanings.
5.7
"Specified Body Areas" means in the case of a female person, her areola; and
in the case of all persons the genitals and the anus.
5.8
"Specified Sexual Activities" means one or more of the following, actual or
simulated sexual intercourse, masturbation, urination, defecation, ejaculation,
anal intercourse, and oral intercourse, direct physical stimulation of unclothed
genital organs., and flagellation or torture in the context of a sexual relationship
or activity.
LOCATION
6.
No adult entertainment parlor store shall be operated:
6.1
Closer than 300 metres measured in a continuous path over the shortest
distance from a residence or residential zone as established in the zoning by-law
for the Town of Innisfil, or a public park, or a school as defined by Section 1(1) of
the Education Act, Chapter E2, R.S.O. 1990.
6.2
No adult entertainment parlor store shall be located closer than 300 metres from
any other adult entertainment parlor in the Town of Innisfil.
6.3
Notwithstanding the provisions of sub-sections 6.1 and 6.2, but included in
sub-section 6.1 hereof, Adult Entertainment Parlors Stores may not be operated
in the following location:
6.3.1
Premises known municipally as Concession 7, Plan 1167, Lot 1, Town
of Innisfil.
6.4
Adult entertainment parlour stores may only operate in the following locations:
Within Lots 6 & 7, Concession 7, provided they comply with the zones as
established in the Zoning By-law for the Corporation of the Town of Innisfil.
However, the maximum number of licenses that may be granted in the Town of
Innisfil in respect of adult entertainment parlors stores shall be limited to two.
Notwithstanding the defined area provisions of this by-law, licenses for body-rub
parlors and adult entertainment parlors shall be restricted in number on a basis of
ratio of licenses to population and for the purpose of this by-law, that ratio shall
be one license for each 12,000 persons population residing within the Town of
Innisfil pursuant to the most recent annual census count.
GROUNDS FOR REFUSAL TO LICENSE, RENEW OR REVOKE
7.
An applicant whose application meets all the requirements of this by-law is entitled to a
license, except where:
7.1
the applicant is carrying on activities that are, or will be if licensed, in
contravention of this by-law or any other law, by-law or statute.
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CONDITIONS FOR ISSUANCE OR AN ADULT ENTERTAINMENT PARLOR STORE
LICENSE:
8.
No license to an owner or operator of an adult entertainment parlor store shall be issued
unless:
8.1
the applicant is at least nineteen (19) years of age;
8.1.2.
the Chief of Police has reported in writing as to the good character of
the applicant. Good character includes, but is not restricted to,
evidence that the applicant has not received a conviction under one of
the following sections of the Criminal Code of Canada or the
Narcotics Control Act or the Food and Drug Act.
-
s.173 of the Criminal Code (indecent acts)
-
s.212 of the Criminal Code (procuring)
-
s.213 of the Criminal Code (prostitution)
-
s.4 of the Narcotics Control Act (trafficking)
-
s.39 s.47, and s.48 of the Food and Drug Act (trafficking);
8.1.3.
the premises comply with the zoning by-law regulations or any other
applicable property standards requirements of the Corporation;
8.1.4.
the Chief Fire Official has reported in writing that the premises comply
with fire regulations;
8.1.5.
the Medical Officer of Health has reported in writing that the premises
in connection with which the license is sought are suitable for the
purpose of the license application and are in a sanitary condition;
8.1.6.
in the case of an operator's license, the operator provides the name of
the owner whose entertainment parlor store the operator intends to
operate;
8.1.7.
the adult entertainment parlor store is located in an area referred to in
sub-section 6 of Schedule 4 of this by-law; and
8.1.8.
the applicant has paid to the Town the license fee prescribed by this
by-law;
8.2
The Manager of Municipal law shall cause such investigation to be made as are
required to satisfy himself that there has been compliance with the provisions of
this by-law prior to the issuance or renewal of an owner's or operator's adult
entertainment parlor store license.
9.
Every operator shall post and keep posted at every entrance to such adult entertainment
parlor store and in a prominent location inside such store, signs sufficient to indicate
clearly to any person approaching or entering the store and to every person in the store
that no person under the age of EIGHTEEN (18) years is permitted to enter or remain in
such store or any part thereof.
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10.
Every operator who provides goods, adult magazines or adult video tapes in any
premises or part thereof within a minimum floor area of 25 square feet, other than an
adult entertainment parlor store, or who operates such premises or part thereof, shall
comply with the following regulations in respect of such premises or part:
10.1
No goods, adult magazines or adult video tapes shall be displayed at a height of
less than 1.5 metres above floor level, unless such magazines or video tapes are
in a part of the premises to which the public is not permitted physical access.
10.2
All goods, adult magazines or adult video tapes offered for sale or displayed in
such premises or part shall be placed behind an opaque barrier of a size and
nature which shall ensure that the cover of every such magazine while so
displayed, except for the name thereof, may not be seen by any member of the
public.
INSPECTION
11.1
On receipt of an application for a license or for any renewal of a license, or at any time
during the period when the business is open for operation, the Issuer of Licenses, Chief
Building Official, any Police Officer or a Municipal Law Provincial Offences Enforcement
Officer may at any reasonable time enter upon the premises of the applicant or licensee
to make an inspection to ensure that all the provisions of this by-law have been satisfied.
11.2
No person shall obstruct the Manager of Municipal Law Enforcement or designate, Chief
Building Official, any Police Officer or a Municipal Law Enforcement Officer from
inspecting premises or withhold, destroy, conceal or refuse to furnish any information or
thing required by any one of the aforesaid official(s) conducting the inspection.
INSURANCE
12.1
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
12.2
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 12.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '3' - AMUSEMENT (Places of)
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate or maintain, a place of amusement within the Town without first
having obtained a licence to do so.
2.
DEFINITIONS
The definitions in this Section shall govern:
2.1
"Amusement" (Place of) means any location or premises which shall include any
room or area in which are offered facilities for the playing of:
2.1.1 three or more games of chance, or
2.1.2 three or more games of mixed chance and skill, or
2.1.3. a combination of three or more mixed games of chance and games of
chance and skill for the amusement of the public, which games are not
contrary to the Criminal Code of Canada. Shall include but shall not be
limited to video games, pinball games, tabletop hockey games, tabletop
soccer games, electronic games, miniature golf, automatic batting cages
and other similar devices. Shall not include billiard, pool and bagatelle
tables, or bowling alleys.
3.
The licence, where required by the Chief Fire Official, shall reflect a maximum occupant
load which shall be determined by the Fire Department for the Town.
4.
Every person who holds a current licence shall display in a prominent place at the
entrance and inside the place of amusement the maximum occupant load (where
applicable) as authorized under the licence issued by the Issuer of Licences.
5.
Every person who holds a current licence shall not permit a greater number of persons
than authorized by the licensed capacity to enter or be in the place of amusement.
6.
Every person who holds a current licence shall:
6.1
ensure that a person who has attained the age of eighteen years is present at all
times when the premises is open to the public to supervise the use of the
premises.
6.2
ensure that within the licensed premises there are no pay-offs, betting or the
offering or any article or things as prizes in contravention of the Criminal Code.
INSURANCE
7.1
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
7.2
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 7.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '4' - BILL DISTRIBUTORS
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate, maintain or engage in the trade, business or occupation of a bill
distributor within the Town without first having obtained a license to do so.
2.
DEFINITIONS
The definitions in this Section Shall govern:
2.1
"Bill Distributor" means a person who dispenses, circulates or otherwise
distributes any notice, advertisement circular, announcement, or other similar
article.
3.
No bill distributor shall distribute any handbill, circular or other paper within the Town by
depositing the same upon any motor vehicle, parked or standing in any public place, or
by handling the same to pedestrians or others on streets, highways, roads or on any
sidewalk, boulevard, or footpath without first having obtained a license to do so. No Bill
Distributor shall obstruct any vehicular traffic on any road within the Town.
4.
Notwithstanding the foregoing, no license shall be required by any individual distributing
newspapers, magazines, religious material, or any handbill, circular or other paper
distributed by an employee of Canada Post.
5.
No person shall distribute any bills, posters, circulars, or other paper which contravenes
any Federal and/or Provincial Statutes or Regulations.
6.
Every bill distributor shall provide the full operating name, operating address, registered
name and mailing address for the company, firm or corporation with whom he is
employed.
7.
Every bill distributor shall, within 48 hours of any change of the employer, notify the
Issuer of Licenses of such change.
INSURANCE
8.1.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
8.2.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 8.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '5' - BILLIARD, POOL OR BAGATELLE ESTABLISHMENTS
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person or proprietary club shall, for hire or gain directly or indirectly keep or have in
his possession or on his premises any billiard, pool or bagatelle table within the Town
without first having obtained a license to do so.
DEFINITIONS
2.
The definitions in this Section shall govern:
2.1
"Billiard, Pool and Bagatelle Establishment" means any building, location
or premises including proprietary clubs that directly or indirectly keeps or
has in their possession or on their premises, any billiard, pool or bagatelle table
or keeps or has any such table, whether used or not, in a place of public
entertainment or resort.
3.
No person shall, be granted a license to keep for hire or gain, a billiard, pool or bagatelle
table until he shall produce and file with his application for such license:
3.1
the approval of the Health Unit showing that the premises are in proper sanitary
condition and provided with proper conveniences;
3.2
the approval of the Town of Innisfil Fire Department showing that the premises
are in accordance with all fire safety regulations.
4.
The licensee shall maintain, keep and operate, at all times, the premises licensed
hereunder in an orderly respectable and sanitary manner.
5.
The licensee shall ensure that within the licensed premises there are no payoffs, betting
or offering of any article or thing as prize in contravention of the Criminal Code.
6.
A Police Officer or Law Enforcement Officer may, at any reasonable time, enter upon
business premises in which they have reason to believe there is kept any billiard, pool or
bagatelle table, contrary to the provision herein and may, at any time, enter upon
premises licensed for billiard, pool or bagatelle tables when they have reason to believe
that anyone in the premises is gambling, aiding or abetting gambling therein.
7.
The licensee shall ensure that elementary school children not frequent the premises
during normal school hours.
INSURANCE
8.1.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
8.2.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 8.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '6' - BODY-RUB PARLORS
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate, permit or maintain the business trade or occupation of a Body-
rub Parlor within the Town without first having obtained a license to do so.
1.1
A Body-rub Parlor must comply to all applicable Town by-laws before a license is
issued.
DEFINITIONS
2.
The definitions in this section shall govern:
2.1
"Body-rub" includes the kneading, manipulating, rubbing, massaging, touching,
or stimulating, by any means, of a person's body or part thereof but does not
include medical or therapeutic treatment given by a person otherwise duly
qualified, licensed or registered so to do under the laws of the Province of
Ontario;
"Body-rub Parlor" includes any premises or part thereof where a body-rub is
performed, offered or solicited in pursuance of a trade, calling, business or
occupation, but does not include any premises or part thereof where the body-
rubs performed are for the purpose of medical or therapeutic treatment and are
performed or offered by persons otherwise duly qualified, licensed or registered
so to do under the laws of the Province of Ontario;
2.2
"Massagist" means a person who, in pursuance of a trade, calling, business, or
occupation, performs massages in a massage parlor.
3.
Every body-rub or other service performed in a body-rub parlor shall be given in an
individual room or cubicle, but no owner or operator shall permit the door to any room or
cubicle where body-rubs are or may be provided, to be equipped or constructed with a
locking device of any kind, or with any other device or structure which could delay or
hinder anyone from entering or obtaining access to such a room or cubicle.
4.
No one may in a body-rub parlor perform a body-rub or provide any other service in a
room, cubicle or other enclosure with a door or other means of access which is equipped
or constructed with a locking device of any kind or which is equipped or constructed in
such a way as to permit the obstruction, hindrance or delay of any person attempting to
gain entry thereto.
5.
Every owner who operates his own body-rub parlor and every operator of a body-rub
parlor, shall, in the operation of the body-rub parlor comply with, and ensure compliance
with, the following regulations:
5.1
The premises shall be provided with adequate light and ventilation;
5.2
The premises and the fixtures and equipment therein shall be regularly washed
and be kept in a sanitary condition;
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5.3
The premises shall be equipped with an effective utility sink;
5.4
Adequate toilet and washroom accommodation shall be provided, and there shall
be separate such rooms for males and females, and no body-rubs or other
services may be provided in any washroom or in any room containing a toilet;
5.5
Washrooms shall be equipped with:
5.5.1 an adequate supply of hot and cold water
5.5.2 an adequate supply of liquid soap in a suitable container or dispenser;
5.5.3 hot air dryers or individual clean towels for the use of each person using
the washing facilities;
5.5.4 a suitable receptacle for used towels and waste material;
6.
No washroom, toilet, sink or basin used for domestic purposes shall be used in
connection with a body-rub parlor;
6.1
Adequate shower bath-rooms shall be provided, and in such rooms, and in all
sauna-bath rooms, if any:
6.1.1 the floors shall be disinfected at least once a week with a disinfecting
solution approved by the Health Unit;
6.1.2 all surfaces and attached accessories of the bath or shower enclosure
must be self-draining;
6.1.3 all showers must have removable cleanable drain covers;
6.1.4 floor surfaces both within and without the enclosures shall be of a non-slip
type;
7.
If bathtubs or whirlpool baths are provided on the premises, the following regulations
shall apply:
7.1
a grab-bar or other convenient support shall be provided unless the walls of the
tub or whirlpool bath enclosure are 0.61 metres in height or higher;
7.2
the bottom of the tub or whirlpool bath enclosure shall be of a non-slip type;
7.3
the water serving all bathtubs, showers and hand basins used by patrons shall
not have a temperature exceeding 49 degrees Celsius and shall be controlled by
a device that regulates the temperature, and patrons shall not have access to
this device;
7.4
A total volume air change of ten times per hour shall be provided for all rub,
shower or bath rooms;
7.5
Common foot baths shall not be provided on the premises;
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7.6
Duckboards or cocoa matting shall not be used in the shower, bath or steam
room and only liquid or powdered soap shall be used in the shower room;
7.7
A notice shall be posted advising all patrons that a cleansing shower or bath
must be taken by every person immediately prior to any body-rub being
performed upon that person;
7.8
Every person immediately after taking a shower shall be provided with a fresh,
clean, individual pair of paper slippers;
7.9
Every table, mat or other surface upon which persons lie or sit while being given
or provided with a body-rub shall be clean and in good repair, and shall have a
top surface of impervious material;
7.10
Every table, mat or other surface referred to in subsection 7.9 hereof shall,
before any person receives a body-rub thereon, be covered with a fresh, clean
individual paper or cloth sheet;
7.11
Every sheet or towel shall, immediately after being used by any person, be
deposited in a receptacle reserved for that purpose and shall not be utilized
again for any purpose before being freshly laundered;
7.12
All massage or body-rub appliances and any other article or device applied to a
customer's body for or in connection with body-rubs shall be cleansed and
disinfected after each individual use with a disinfecting solution satisfactory to the
Health Unit and no such appliance, article or device shall be used or available for
use in a body-rub parlor unless it is so constructed as to be readily capable of
being so cleansed or disinfected.
INSURANCE
8.1
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1000,000.00).
8.2
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 8.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '7' - FIREARMS - SALES/REPAIRS
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate, permit, manufacture, assemble, possess, purchase, sale,
import, export, display, repair, restore, maintain, store, alter, take in pawn, transport,
ship, distribute or deliver a firearm trade, business or occupation under the category of
Firearms - Sales/Repairs within the Town of Innisfil, without first obtaining a license.
2.
Businesses also need a license under the Firearms Act to possess and acquire firearms,
other weapons, devices and ammunition.
DEFINITIONS
3.
The definitions in this section shall govern:
3.1
"Customer Service" - means a business, trade or occupation where an
employee of the business, trade or occupation provides a service for work done
and for benefit conferred upon another for a fee.
3.1.1 The services performed include things purchased by the customer that do
not have physical characteristics.
3.2
"Firearms" - means a barrelled weapon from which any shot, bullet or other
projectile can be discharged and that is capable of causing serious bodily injury
or death to a person, and includes any frame or receiver of such a barrelled
weapon and anything that can be adapted for use as a firearm.
3.3
"Retail" - means a sale of good for final consumption (not Wholesale).
3.4
"Retailer" - means a person engaged in making sales to ultimate consumers.
One who sells personal or household goods for use or consumption.
3.4.1 The essential distinction between a "wholesaler" and "retailer" is that the
person buying from the retailer is the ultimate user or consumer of the
article or commodity or does not sell it again, whereas the one buying
from a wholesaler buys only for the purpose of selling the article again.
3.5
"Retail Sale" - means a sale in small quantities or direct to a consumer as
distinguished from sale at "wholesale" in large quantity to one who intends to re-
sell. Sale to an ultimate consumer.
GENERAL PROVISIONS
4.
The applicant shall provide to the Issuer of Licenses at the time of application:
4.1
two (2) pieces of identification, one of which shall be photographic identification
detailing the applicant's birth date, legal name and current residential address;
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4.2
a Criminal Record Check obtained from a Police Enforcement Agency and dated
within 30 days of the date of receipt of the application;
4.3
a certified true copy of all Federal and Provincial documents required as
regulated by the Firearms Act and Firearms License Regulations, as well as any
other Federal and Provincial Acts which may be required by the Issuer of
Licenses.
5.
The applicant is responsible for the payment of all inspections fees and approval fees as
may be required by the Town or other agencies.
6.
The applicant for a license shall comply with all Federal and Provincial Statutory
requirements, Simcoe County District Health Unit requirements, Ontario Fire Code and
ALL applicable Town by-laws.
7.
Under no circumstances shall an owner or operator of a firearm sales, service and repair
business, shall permit any person under the age of eighteen (18) years to provide any
service relating to firearms owned or operated by the owner of the said business.
7.1
Any employee over the age of eighteen (18) years of age may provide sale,
service or repairs providing that the Issuer of Licenses is provided with a certified
true copy of all Federal and Provincial documents required as regulated by the
Firearms Act and Firearms License Regulations, as well as any other Federal
and Provincial Acts which may be required by the Issuer of Licenses.
8.
All firearms and related supplies in the conduct of the business shall be stored in a
secured place as regulated by the Firearms Act.
ALARMS
9.
Any license business in the sales, repairs and servicing of firearms under this by-law
shall have a burglary alarm system for the security of the establishment. Such alarm
system shall be monitored by, and have a contract with a qualified ULC Listed
Monitoring Station, which shall notify Police Services of any alarms occurring from this
location.
10.
The applicant must produce a signed letter from their monitoring station confirming to the
Town of Innisfil that should their monitoring contract referred to under Section 9 above
be cancelled for any reason, the Town of Innisfil and Police Services will be immediately
notified in writing of such a cancellation.
INSURANCE
11.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
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12.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 23.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '8' - HAWKERS AND PEDDLERS
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall go from place to place, or to a particular place within the Town with
goods, wares or merchandise for sale or who carries and exposes samples, patterns or
specimens of any goods, wares or merchandise which are to be delivered within the
municipality afterward, without first having obtained a license to do so.
DEFINITIONS
2.
The definitions in this Section shall govern:
2.1
"Hawker and Peddler" means a person who goes from place to place or to a
particular place, with goods, wares or merchandise for sale, or who carries and
exposes samples, patterns or specimens of any goods, wares or merchandise
that are to be delivered in the municipality afterwards and shall include but is not
limited to salesmen and photographers of any kind.
3.
This schedule shall not apply to or include a person who hawks, peddles or sells goods,
wares or merchandise:
3.1
to wholesale or retail dealers in similar goods, wares or merchandise;
3.2
if the goods, wares or merchandise are grown, produced or manufactured in
Ontario, and are hawked, peddled or sold by the grower, producer or
manufacturer, or agent or employee having written authority to do so, in the
municipality in which the grower, producer or manufacturer resides;
3.3
if the goods, wares or merchandise are grown or produced by a farmer resident
in Ontario who offers for sale or sells only the produce of his own farm;
3.4
if the goods, wares or merchandise are hawked, peddled or sold by a person
who pays business tax in the municipality, or by his employee or agent having
written authority to do so.
3.5
if the goods, wares or merchandise are hawked, peddled or sold by an agent of
the grower, producer or manufacturer, acting on behalf of a dealer who pays
business tax in the municipality in respect of premises used for the sale of such
goods, wares or merchandise.
4.
No person shall engage in, or carry on, his respective trade, calling, business or
occupation by passing from house-to-house or along streets within the Town before
sunrise in any day.
5.
Where the licensee goes from place to place or a particular place with any wagon, cart
or other vehicle, the licensee shall not:
5.1
employ any person or permit any person to assist in peddling from such wagon,
cart or vehicle who is not licensed to do so.
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5.2
employ more than three helpers in connection with such wagon, cart or vehicle.
6.
No person who uses a push cart or other vehicle propelled by muscular power, a motor
driven vehicle, or horse drawn wagon shall stop to carry on business at a distance less
than 15 metres from any intersection, or 30 metres of any school ground, public park,
public dock or wharf, except when necessary to avoid traffic or in compliance with the
directions of a police officer or of a traffic control sign or signal.
7.
In the event of a prosecution under this section, against any hawker or peddler, the onus
of proving that he does not for any of the reasons listed under Section 2 require to be
licensed is upon the person charged.
8.
The licensee shall, at all times, while carrying on his business, have his license with him
and shall, upon demand exhibit it to any Municipal Law Enforcement Officer of Peace
Officer.
9.
This section shall not apply to charitable organizations approved by the Town
Administrator conducting tag days or selling items for the purpose of raising funds for
their charitable organization.
10.
A license issued under this by-law to any person, company or partnership shall not
permit more than one person to go from house to house or along highways for the
purpose of buying, selling or trading.
11.
The licensee shall meet all of the requirements of the Town Parks & Recreation
Department, Town Fire Department, Town Police Service and the Simcoe County
District Health Unit.
INSURANCE
12.1. The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1000,000.00).
12.2. Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 12.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '9' - MENAGERIES
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person firm or corporation shall operate or maintain a menagerie within the Town
without first having obtained a license to do so.
DEFINITIONS
2.
The definitions in this Section shall govern:
2.1
"Menagerie" means a collection of wild animals in cages or enclosures for the
purpose of exhibition, also refers to the location or premises where such a
collection of animals is kept.
3.
Every applicant shall provide and maintain a current list of all animals which are kept in
such menagerie.
4.
The applicant shall indicate at the time of application and maintain with the Issuer of
Licenses at all times, the name and address of the person having control and charge of
the menagerie.
5.
Every menagerie shall maintain and keep all animals within the menagerie in a clean,
well-bedded, and healthy manner and shall ensure that the animals are treated in a
humane manner at all times.
6.
Every person to whom this section relates shall, provide to the Town a policy of
insurance:
6.1
in the case of bodily injury or death to the limit of $500,000 (exclusive of interest
and cost) against loss or damage resulting from bodily injury or death of any one
person and;
6.2
in the case of any one person so injured or killed of at least $1,000,000.00
(exclusive of costs and interest) against loss or damage resulting from bodily
injury or death of two or more persons in any one accident, or
6.3
in the case of property damage to the limit of $100,000.00 (exclusive of cost and
interest) for damage to property resulting from any one accident.
6.4
produce a signed letter from their insurance agent confirming to the Town that
should the Insurance Policy referred to in section 5.1, 5.2 and 5.3 above be
cancelled for any reason, the Town of Innisfil Municipal Law Enforcement
Department will be immediately notified, in writing.
7.
A certified copy of the policy or a certificate issued in regard thereto shall be deposited
with the Issuer of Licenses at the time of application.
8.
Any admission price shall be posted in a conspicuous and prominent location outside the
entrance.
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SCHEDULE '10' - MOTOR VEHICLE DEALERS LOT
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall own or operate or maintain any premises used the retail sale of motor
vehicles within the Town without first having obtained a license to do so.
2.
Each person shall supply the Issuer of Licenses with the Provincial Motor Vehicle dealer
license number.
DEFINITIONS
2.
The definitions in this Section shall govern:
2.1
"Motor Vehicle Dealer" means a person who carries on the business of buying or
selling motor vehicles, whether for his own account or the account of any other
person, or who holds himself out as carrying on the business of buying or selling
motor vehicles.
2.2
"Motor Vehicle Dealer Lot" means a premise or location from which motor
vehicles are sold or offered for sale by retail.
3.
A separate license shall be required in respect of each premises used by any dealer
from which the retail sale of vehicles shall be conducted.
4.
No person shall:
4.1
permit the licensed premises to be used for the wrecking of motor vehicles;
4.2
park or store any motor vehicle on any sidewalk, boulevard, highway or road
upon which the licensed premises abuts;
4.3
permit the engine of a motor vehicle to run in any building whether on a frame or
in a motor vehicle, unless adequate ventilation is provided to ensure dilution of
carbon monoxide fumes;
4.4
remove or cause to be removed any snow from the licensed premises to any
public sidewalk, street or roadway.
5.
The licensee shall:
5.1
keep the licensed premises free from rubbish and in a clean and neat condition;
5.2
keep any sidewalk or street upon which the licensed premises abuts, free from
any dirt or other foreign substance derived from or resulting from the use thereof.
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INSURANCE
6.1.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1000,000.00).
6.2.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 6.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '11' - NEWSPAPER BOXES
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall within the limits of the Town of Innisfil, place or maintain boxes for the
dispensing of newspapers upon a sidewalk or the untravelled portion of a highway
without first having obtained a license to do so.
2.
Any person licensed under this part shall maintain the said boxes in a clean, neat and
bright condition so as to not detract from the appearance of the highway and shall not
suffer or permit any of the contents thereof to be deposited or left to blow or lie upon any
part of the highway.
3.
No person shall place or maintain boxes for the dispensing of newspapers on any
highway within fifty feet (50') of any intersection, curve, railway crossing, bridge, hill or
crosswalk within the limits of the Town of Innisfil.
4.
Newspaper boxes placed on any road, boulevard, sidewalk, ditch or Town property of
any kind, in contravention of By-law 093-02 may, in addition to any other penalties
provided, be removed after proper notice has been given by the issuer of licenses.
5.
No license shall be issued under this schedule where the boxes are to be situated on
Town Roads without the written permission of the Director of Public Works or his duly
authorized representative.
6.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1000,000.00).
7.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 6 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '12' - PAWN SHOP
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate or maintain the business, trade or occupation of a pawnbroker
within the town unless he first obtains a license to do so. Such license shall be under
the hand of the Town Treasurer.
DEFINITIONS
2.
The definitions in this Section shall govern:
2.1
"Pawn Shop" means a person who carries on the business of taking by way of
pawn or pledge, any article for the repayment of money lent thereon.
3.
Every pawnbroker shall provide to the Issuer of Licenses at the time of application,
security in the form of a Letter of Credit to the satisfaction of the Town Treasurer in the amount
of $2,000.00, for the due observance of the provisions of the Pawnbroker's Act, R.S.O. 1990,
Chapter P.6.
4.
Every licensee shall comply at all times with all provisions of the Pawnbroker's Act as set out in
Chapter P.6 R.S.O. 1990, as may be amended from time to time.
INSURANCE
5.1.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
5.2.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 5.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '13' - PUBLIC ADDRESS SYSTEM
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall within the limits of the Town of Innisfil operate or cause to be operated a
public address system, loud speaker or similar device without first having obtained a
license to do so.
DEFINITIONS
2.
The definition of this Section shall govern:
2.1
"Public Address System" means sound equipment, loud speakers or any other
similar sound amplification system when used on a highway, public lands
adjacent thereto, or when emitting sound thereto.
3.
This part shall not apply to the operation of church organs, church bells or chimes or the
amplification thereof, or any domestic electronic sound device.
4.
No person, licensed under this schedule shall operate or cause or suffer to be operated
any equipment for which they hold a license in any area zoned for residential use except
between the hours of 9:00 a.m. to 9:00 p.m., provided that no such person shall operate
such equipment on a Sunday.
5.
Notwithstanding the above, every person who operates a public address system, loud
speakers, sound equipment or any other similar device shall ensure that such emission
of sound does not contravene the provisions of Innisfil's Noise By-law, Municipal Act,
Chapter M-45, Section 210.132 and amendments thereto, as approved by the Ministry of
the Environment & Energy.
6.
No person, licensed under this by-law shall operate any equipment for which they hold a
license at a volume in excess of ten (10) watts of audio output at the speaker nor shall
the sound emitted from such equipment be other than plain language, speech or music.
INSURANCE
7.1.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
7.2.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to under Section 7.1 above be cancelled for any
reason, the Town of Innisfil Municipal Law Enforcement Department will be immediately
notified in writing.
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SCHEDULE '14' - RACING OF MOTOR VEHICLES, GO KARTS AND MOTOR CYCLES
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall within the limits of the Town carry on the business of racing motor
vehicles, go karts or motorcycles or operating a track or place for the racing of motor
vehicles or motor cycles without first having obtained a license to do so.
2.
No person shall be granted a license hereunder until he shall produce and file with his
application for such a license the approval of the Fire Chief and Chief of Police or their
designates.
3.
No person operating a track or place for the aforesaid purpose shall be permitted to
conduct the same in such a manner as to make such operation constitute a common
nuisance or public nuisance.
4.
Every owner or operator shall:
4.1
obtain a policy of liability insurance in the sum of one million ($1,000,000.00)
dollars and inclusive property loss and property damage, and
4.2
produce to the Town of Innisfil Municipal Law Enforcement Department, written
proof of the said insurance policy in sub-section 4.1;
4.3
produce a signed letter from their Insurance Agent confirming to the Town of
Innisfil that should the insurance policy referred to in sub-section 4.1 above the
cancelled for any reason, the Town of Innisfil Municipal Law Enforcement
Department will be immediately notified in writing.
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SCHEDULE '15' - REFRESHMENT VEHICLE
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate, permit or maintain any trade, business or occupation under the
category of "Refreshment Vehicle" within the Town without first having a license to do
so.
DEFINITIONS
2
The definitions in this section shall govern:
2.1
"Refreshment Vehicle" - it shall also include refreshment vehicles which means
any vehicle from which food stuffs and/or refreshments are sold for consumption
by the public and shall include, but is not limited to push carts, wheeled vehicles
and catering trucks. Includes mobile preparation wheeled vehicles from which
food prepared therein is offered for sale to the public.
3.
The applicant for a license shall comply with all Federal and Provincial Statutory
requirements, Simcoe County District Health Unit requirements, Ontario Fire Code and
ALL applicable Town by-laws.
2.
The applicant is responsible for the payment of all inspection fees and approval fees as
may be required by other agencies.
3.
No mobile premise refreshment vehicle or mobile preparation vehicle may be operated
on any roadway or other property under the jurisdiction of the Corporation of the Town of Innisfil
without the prior agreement, in writing, of the said Town.
4.
Refreshment vehicles may be operated on privately owned property providing the
premises of the owner of the property is obtained, in writing, and a copy deposited with the
Issuer of Licenses and the carrying on of the business at such location is not in contravention of
any other municipal by-laws.
5.
No refreshment vehicles shall park longer than a 15 minute period on any highway and
may not obstruct traffic in any way. whenever possible, the vehicle shall park off the street
allowance for the purpose of loading or making any delivery.
6.
No refreshment vehicle shall park in any posted "No Parking" zone located within the
Town.
7.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
8.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to in Section 9 above the cancelled for any reason,
the Town of Innisfil Municipal Law Enforcement Department will be immediately notified in
writing.
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9.
A maximum of twenty-five (25) refreshment vehicles shall be permitted within the
corporate limits of the Town at any one time subject to the zone restrictions and
regulations contained within the Town Zoning By-Law.
10.
The maximum size of a refreshment vehicle shall not exceed twenty square metres
(20m2) in area.
11.
A refreshment vehicle may require a site plan or an amendment to a site plan agreement
where applicable as regulated by the Site Plan Control By-law.
12.
Refreshment vehicles are not permitted within 30 meters of any restaurant(s) on the
same side of the street, unless approval from the property owner(s) is obtained.
[Amended by By-Law 086-24]
.../
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SCHEDULE '16' - TRANSIENT SERVICE
Authority: Municipal Act, 2001, S.O. 2001, c. 25
1.
No person shall operate, permit or maintain any trade, business or occupation under the
category of "Transient Service" within the Town without first having a license to do so.
DEFINITIONS
9.
The definitions in this section shall govern:
2.1
"Transient Service" - means a person, firm, corporation or otherwise, whose
name has not been entered on the assessment roll in respect of business
assessment for the then current year and who offers goods, wares or
merchandise for sale by auction, conducted themselves or by a licensed
auctioneer or otherwise, or who offers merchandise and is for sale in any other
manner, and includes any person commencing business who has not resided
continuously in the municipality for at least three months next preceding the time
of commencing such business and includes transient trader.
3.
The applicant for a license shall comply with all Federal and Provincial Statutory
requirements, Simcoe County District Health Unit requirements, Ontario Fire Code and
ALL applicable Town by-laws.
10.
The applicant is responsible for the payment of all inspection fees and approval fees as
may be required by other agencies.
11.
The applicant shall provide adequate proof of public liability insurance being one million
dollars ($1,000,000.00).
12.
Produce a signed letter from their Insurance Agent confirming to the Town of Innisfil that
should the insurance policy referred to in Section 5 above the cancelled for any reason, the
Town of Innisfil Municipal Law Enforcement Department will be immediately notified in writing.
13.
Each transient trader shall provide a customer, when asked, with a forwarding address
complete with Head Office location, phone number and supervisory name in the event the
customer wishes to lodge a complaint.