By-Law No. 2249/84 License, Regulate and Govern Hawkers and Peddlers

Iroquois Falls, Ontario · No. 2249/84 · adopted 1984-12-17 · summary & facts

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WHEREAS AND WHEREAS :NJW THEREFORE l. 2. THE CORPORATION OF THE TOWN OF IROQUOIS FALLS BY-LAW NO. 2249/84 "Being a By-Law to license, regulate and govern Hawkers and Peddlars." The Municipal Act. R.S.O. 1980 Chapter 302, Section 230 (1) provides that Municipal Councils may pass By-Laws for licensing, regulating and governing persons who go from place to place or to a particular place with goods, wares or merchandise for sale, or who carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the Municipality afterwards. The Council of the Corporation of the Town of Iroquois Falls deems it expedient to pass a By-Law for the licensing, regulating and governing or Hawkers and Peddlers. The Municipal Council of the Corporation of the Town of Iroquois Falls enacts as follows:- That every person who goes from place to place or to a particular place with goods, wares or merchandise for sale within the Town of Iroquois Falls, or who carries and exposes samples, patterns or specimens of any goods, wares or merchandise that is to be delivered in the municipality afterwards, shall obtain a license for so doing from the By-Law Enforcement Officer. That no license shall be required for hawking, peddling or selling goods, wares or merchandise:- (a) to wholesale or retail dealers in similar goods, wares or merchandise, or (b) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer or his agent or errployee having written authority so to do, in the municipality in which the grower, producer or manufacturer resides, or (c) if the goods, wares or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his own farm, or (d) if the goods, wares or merchandise are hawked, peddled or sold by a person who pays business tax in the municipality, or by his errployee, or by his agent, or (e) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the municipality in respect of premises used for the sale of such goods, wares or merchandise, or - l - By-Law No. 2249/84 (Continued) (f) by persons who sell milk or cream or fluid milk to the consumer or to any person for resale. 3. That a license issued under this by-law shall be valid only from the date of its issue until December 31st. of the year of its issue and shall not be transferable. 4. That in a prosecution for a breach of this by-law the onus of proving that he does not for any of the reasons mentioned in paragraph 2 above, require to be licensed, is upon the person charged. 5. That 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 or peace officer, and if he fails to do so is guilty of an offence, unless the same is accounted for satisfactorily, and on conviction is liable to a fine of not less than ONE DOLLAR ( $1. 00) and not more than FIVE DOLIARS ($5.00). 6. That if a peace officer demands the production of a license by any persons to whom this by-law applies and the demand is not canplied with, it is the duty of the peace officer and he has the power to arrest such person without a warrant and to take him before the nearest justice of the peace, there to be dealt with according to law. 7 . That the license fee for a Hawker or Peddler who has resided continuously within the Municipality for at least one year prior to the application therefore shall be ONE HUNDRED DOLLARS ($100.00). 8. That the license fee for a Hawker or Peddler who has not resided continuously within the Municipality for one year prior to the application therefore shall be FIVE HUNDRED DOLLARS ($500.00). 9. That any person who contravenes any provisions of this By-Law except as provided in Section 5 hereof, shall be liable for a fine of not more than TW) THOUSAND DOLLARS ( $2,000.00) , exclusive of costs which shall be recoverable under the provisions of the Provincial Offences Act, R.S.O. 1980 Chapter 400. - 2 - By-Law No. 2249/84 (Continued) 10. That By-Law Nwnber 855/57 be and is hereby repealed. Read a FIRST and SECOND time this 17th day of December, 1984 Read a 'IHIRD time and passed this 17th. day of December, 1984. Certified True Copy of By-Law No. 2249/84 CLERK SIGNED - 3 - LAWRENCE H. CUTI'EN ~ JOHN J. BUCHAN ·,:_ / ' ' :; 'l, : - ' - I ,\' - " r ; .' . i,I~ ·- ; , !NOIJS~Y - CC-C~E-..TION - UNtTY - July 3, 1992 SELECT FOODS Wown of 1Jroquoi.s Jfl"all.s BOX 230, IROQUOIS FALLS "A", ONTARIO POK 1GO c/o Gary Bennett 3068 Bancroft Drive SUDBURY, Ontario P3B 1V3 Dear Sir: FAX (705) 232-4241 TELEPHONE (705) 232-5700 Please refer to our File No. __ _ In regards to your letter dated May 4, 1992, requesting a reduction in the fee for our Hawkers & Peddlers licence, I regret to inform you that Council has decided to leave the fee of $500.00 stand. This is an annual fee and it was introduced to keep non- taxed businesses out of our municipality. If you decide to continue doing business in our municipality you will have to purchase a licence. If you are caught operating without a licence you will have to face charges. RM:sw c.c. Should you have any questions please feel free to call. - JOHN J. BUCHAN, / Clerk-Administrator - PHIL TESSIER, Councillor Yours very truly, By-Law Officer TOWN OF IROOOOIS FALLS .,. Jay<AJV N, d.;;,49/gc; 13,-vv-<J! MILLS & MILLS BARRISTE RS & SOLICITORS RALPH S. MILLS, Q.C. DONALDS. MILLS, Q . C. RONALD N. RU DAN, Q.C. ROBERT A. COBHAM, Q.C. J. PAUL MILLS, Q.C. JAMES B. KUTCY GARY R. REID PAUL J. WESTLAKE DOUGLAS A. QU I RT DEBRA L . STEPHENS STEPHEN J. D. CHRISTIE MARY ANNE CUMMINGS NANCY E. MIL LS PAUL H. MILLS, Q.C. (1 921 - 19B4J PLEASE REPLY TO: J. Paul Mills The Town of Iroquois Falls P.O. Box 230 Iroquois Falls, Ontario POK lG0 Attention: Mr. Bruce Renwick, P.F.CORD By- Law Enforcement Officer Dear Sirs: 20Tt< FLOOR, THE SIMPSON TOWER CABLE ADDRESS: MILLS LAW TORONTO TELEPHONE (416) 863-0125 TELEX 06-23084 TELECOPIER (416) 863-3997 BOX 20 401 BAY STREET TORONTO, ONTARIO MSH 2Y4 April 3, 1987 RE: Interprovincial Circulation Limited and Your Hawkers and Pedlars By- Law We are General Counsel to Interprovincial Circulation Limited. jl J ,,_,) We confirm Mr. Shannon's conversation with your Mr. Renwick concerning the representatives of Interprovincial who have been soliciting magazine subscriptions in your Town without obtaining a licence under the By- law passed by the Town pursuant to Section 230 of the Municipal Act. In our opinion, the representatives are not required to obtain a licence for the following reasons: 1. Magazine subscriptions do not constitute "goods, wares or merchandise"; and 2. The representatives of Interprovincial who solicit magazine subscriptions do not carry with them any goods, wares or merchandise for sale nor do they "carry and expose samples ... of any goods, wares or merchandise". This matter has come up in many municipalities across Ontario over the years and on every occasion when we have brought the foregoing matters to the attention of the municipality, the municipality has ultimately agreed with our interpretation of the Municipal Act . - - - - I 2 - Page Two - Some recent examples of such municipalities are the Town of Collingwood, the Town of Orangeville, the City of Stratford, the City of London, and the City of St. Catherines. I am pleased to enclose a copy of a Decision of Magistrate R.B. Baxter dated September 28, 1965 and I direct you, in particular, to lines 21 to 29 on page 2 and to the Conclusion on page 3 which reads, in part: "I therefore feel that the Legislature had no intention of dealing with this problem and that the By- law does not cover the sale of magazine subscriptions ... ". If you require any further or other information, please do not hesitate to contact me. Yours truly, J. Paul Mills JP:ms Enclosure ... t 2 3 ~ 5 6 7 8 9 10 11 12 13 ,~ 15 16 17 18 19 20 21 22 23 24 25 26 17 28 29 30 31 - 1 - IN THE MAGISTRATE'S COURT Of THE PROVINCE OF ONTARIO, BOWMAiNILLE, ONTARIO. ?.8th Sentember 1965. THE hearinf, of this matter before Magistrate R. B. Baxter. In the matter of:- ROY JAMES McLEAN. HIS WORSHIP: This is a matter against Roy James McLean in which th~ accused was chareed . with selling maeazines without authority to do so contrary to Section 399 (1 ). A plea of not guilty was entered by his Counsel and jud~nent was reserved. On March 25th, 1965, Mr. Roy James ~cLean solicited for maF,azine subscri~tions in the town of Bowmanville. His method was to r,o from door to door soliciting and issuinG subscri~tion receints for the magazines after they were sold. The accused did not show any mahazines er patterns, and he had not obtained a license pursuant to By-Law 1909. I put in as an Exhibit Ro~nRnville Sy-Law 1909, which is a By- Law to license regulate and cavern Hawkers and Pedlars, pursuant to the revised Statutes of Ontario 1960, Chapter 2q9, Secti·on 399 (1). The Accused is charged under Section one: "That every person who goes from place to place or to a particular place with goods, UNlttv .,,rAllON('I\' 1 3 5 6 ., I s I i 12 13 1-4 15 16 17 1 r IC) 19 20 21 22 23 24 25 26 17 28 29 30 31 - ?. - "wares, or merchnndise for sale within-. the Town of Bowmanville, or who carries and exposes sa~ples, patterns or s~ecimens of ~oods, wares, or merchandise which is to be delivered in the Municipality afterwards, shall obtain a license for so doing r1o~ the Treasurer of the ~unicipality." I exnressed the oni~ion ~t the time that Section 399 of the ~unicinality Act is ryrobably in t~e same stat~ as it has been for a number of years, and at this staf,e I must confess that I negl~cted to l look that un, but I believe that I did look 1t up not very lon~ ago, and I foun~ t~at the word1.n~ is almost the nrecise wording as it has been for some years, antj Section one is worded in exactly the same wording as:the Section in the Municipal Act. The problem ther. is does the sale of ma~azine subscriptions come within the cRtegory of "goods, wares, or mercha:idise for sale." I I must say that there are no decided cases I can find directly on the point, and I could not br1nt myself, in the ordinary interpretation of th~se words, to come to the conclusion that "roods, wares, or merchandise for sale" could cover this situation, and I would therefore noint out that aft~r having re~d the various sections of the Act I could not find any particular Section that covered it, and as nenr as I could find the only portion of the Act that could apply is Section 395(5). It gives the authorities of towns, villages, and townships power to lecislate in relation to licenses governine newsparers, and to a rarticular location upon , ,. - "'- CC, ::.,. 1 - 1 1 0 '"[.fol t · -· ' ., 2 3 4 5 6 7 8 9 10 Ii 12 13 1-4 15 16 17 16 19 20 21 22 23 . 24 25 26 27 28 29 30 31 - 3 - a Highway and fnr restrictions in th~ sale of newspapers and magazine~ only. This section I would point out follows in position Section 389, under which the H2wkers and Pedlars By-Law is nassed, and I would th~refore conclude that th~ Lecislature in draftinr, the Municipal Act purported to dc8l with this subject within t~e nunicinRlity by Dl?.cini cert~in restrtctions on Hir,hw~ys or St.r~ets, ·,..zhich woulci l~~d or.e to conclude they have no objection to it in other pl~ces. I th~refore feel that the Lerislntur~ hari no intention of dealing with this nroblem and th?.t I th~ Ry-Law does not cover the sale of ~8gazine subscriptio 2nd I dismiss the ch~rr,e, and there are only two thinls t~at could be done, to a~peal the decision, or cover it by some other Section. CERTIFIED CORRECT: MASI STRATE. COURT REPOrtTER - .. ·- - - ---·-· --- --·-- . - --- .. -------------- THE CORPORATION OF THE TOWN OF IROQUOIS FALLS BY-LAW NO. 3801/24 "Being a by-law to amend By-Law No 2249/84, a By-Law to license, regulate and govern Hawkers and Peddlers. " WHEREAS AND WHEREAS AND WHEREAS The Municipal Act, 2001 S.O. 2001, c.25 (the "Act"), as amended, provides that a local municipality may license, regulate and govern any business, wholly or partly carried on within the municipality, even if the business is being carried on from a location outside the municipality; and Council deemed it expedient to pass By-Law 2249/84, for the licensing, regulating and governing of Hawkers and Peddlers. Council for the Town of Iroquois Falls is desirous to amend By-Law 2249/84. NOW THEREFORE COUNCIL FOR THE CORPORATION OF THE TOWN OF IROQUOIS FALLS ENACTS AS FOLLOWS: 1. That the following sections of By-Law 2248/84 be amended as follows: Section 2. That a license shall be required for hawking, peddling or selling goods, wares or merchandise a) to wholesale or retail dealers in similar goods, wares or merchandise, or b) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the power, producer, manufacturer, his agent or his employee, having the written authority to do so in the municipality in which the grower, producer or manufacturer resides, or c) if the goods, wares or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of their farm, or d) 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 by his agent, or e) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the municipality in respect of premises used for the sale of such goods, wares or merchandise, or f) by persons who sell milk, cream, or fluid milk to the consumer or any person for resale. Section 3. That a license issued under this by-law shall be valid only from the date of its issue until December 31st of the year of its issue, and renewable annually for $35.00 and shall not be transferable. Section 7. That the license fee for a Hawker, Peddler, a merchant, or anyone operating a business who has resided continuously within the municipality for at least one year prior to the application shall be $100.00. 2. This by-law shall come into effect upon its passing. 3. That By-Law No. 2249/84 is hereby amended. 4. Read a FIRST, SECOND and THIRD time and passed this 12th day of August 2024. TORY DELAURIER .. SIGNED: Qk_ MAYOR MAUREEN REEDER SIGNED: ~c~ CLERK Certified True Copy of By-Law No. 3801/24 Clerk