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THE CORPORATION OF THE TOWNSHIP OF LAKE OF BAYS
BY -LAW NO. 99-60
A By -law respecting the licensing, regulating and governing of
trades, callings, businesses and occupations
WHEREAS Section 257. 2 of the Municipal Act, R.S.O. 1990, c. M.45, as
amended, provides that a Council may pass by -laws for the licensing, regulating
and governing any business carried on within the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF LAKE OF BAYS ENACTS AS FOLLOWS:
1.
DEFINITIONS:
In this by -law:
a) "
Applicant" means the person, persons or company applying or in
possession
of a license
issued, or requested
to be issued, under the
provisions of this by -law;
b) "
Auctioneer" means any person selling or putting up for sale goods,
wares, merchandise of effects by public auction;
c) "
By -law Enforcement Office" means the By -law Enforcement Officer
appointed by the Council of the Township of Lake of Bays;
d) "
Council" means the Council of the Corporation of the Township of
Lake of Bays;
e) "
Hawkers" and "Peddlers" means every person or persons who go
from place to place or to a particular place with goods, wares, or
merchandise for sale, or who carries or exposes samples, patterns
or specimens of any goods, wares or merchandise that are to be
delivered in the Municipality at any time;
f) "
Refreshment Vehicle" means any vehicle of any type, with or
without wheels, or any structure that does not require a building
permit, from which refreshments are sold to the public;
g) "
Township" means the Corporation of the Township of Lake of Bays;
h) "
Transient Trader" means any person commencing business and
who offers goods, wares or merchandise for sale in the Township,
who has not resided continuously in the Township for at least three
months immediately preceding the commencement
of such
business;
2.
LICENCES REQUIRED
No person shall conduct or carry on one or more of the businesses listed in
Schedule "A" to this by -law unless and until they shall have first procured a
licence issued under the provisions of this by -law for each such business to
be conducted
or carried on.
3.
REGULATIONS
All premises occupied by businesses licensed pursuant to the provisions of
this by -law shall be required to satisfy the Building Code, the Official Plan,
the Zoning By -law and all other by -laws of the Corporation of the Township
By -law No. 99-60
P. 2
of Lake of Bays, the Ontario Fire Code, the Public Health Act, the Ontario
Electric Safety Code, and all other Provincial Statutes and Regulations as
may be applicable.
4.
APPLICATION
FORMS AND FEES
Applications for licence( s) pursuant to the provisions of this by -law shall be
filed with the Clerk in the form annexed as Schedule " B" to this by -law, and
all persons applying shall be required to pay the fees as listed in Schedule
A" to this by -law.
5.
INVESTIGATION OF APPLICATION
The By -law Enforcement Officer may inspect places or premises used in
carrying on the business, and the equipment, vehicles and other personal
property used or kept for hire, at any reasonable time.
6.
RIGHT TO REFUSE APPLICATION FOR LICENCE
I
The application shall be refused if the business cannot satisfy any of the
Regulations as noted in Section 3 and the applicant will be notified in
writing.
7.
APPLICATION APPEAL OF LICENSE REFUSAL
The applicant may, within thirty ( 30) days of refusal to be issued a business
licence, request to be heard by Council and shall express such intent in
writing to the attention of Clerk, who will advise the appellant of the date
and time to appear at the next regularly scheduled Council meeting.
8.
DECISION OF COUNCIL
Council may, at such hearing, grant the license applied for, refuse to grant
such license, or if the applicant is willing to accept conditions being
imposed, impose such conditions on the granting of the licence, as it
considers
appropriate.
9.
TEMPORARY SUSPENSION OF LICENSE
If the any of the regulations noted in Section 3 are not observed, the By -law
Enforcement Officer may suspend any business licence for two weeks or
until the next Council meeting, whichever occurs first and Council shall be
so advised of the suspension.
10.
POWER TO REVOKE LICENSE
The By -law Enforcement Officer may revoke any and all licences for any of
the reasons set out in Section 3 of this by -law, including the provisions in
any Schedules hereto attached, but before revoking any such license, the
holder thereof:
a)
Shall be given at least seven ( 7) days notice, mailed or deliver to his
last known address, and
b)
Shall be permitted, either by himself or his representative, to appear
before Council to show cause why he believes such licence should
not be revoked, and
c)
Shall have the right to adduce evidence and submit argument in
support of his application and to cross - examine any witness adverse
in interest to him, and in the event that a licence is refused, Council
i
I!
By -law No. 99-60
P. 3
shall at the request of the applicant
deliver written
reasons for its
decision.
11.
DISPLAY OF LICENCE
Every person who has obtained a licence under this By -law, whether the
same applies to a premises or a vehicle, shall keep the licence posted up in
some conspicuous
place on the premises or vehicle in respect to which the
license is issued, and every person so licensed shall produce the licence for
inspection when so requested by the By -Law Enforcement Officer.
12.
LICENCE RENEWAL
j
No person shall enjoy a vested right in the continuance of a licence and
upon the issue, renewal, transfer, cancellation or suspension thereof the
value of the licence shall be the property of the Township.
i
13.
COMPLIANCE
TO REGULATIONS
I
Every person applying for or holding a licence under this by -law shall
comply with and be governed by the regulations set out in the respective
Schedules and Appendices to this by -law which relates to such licence, and
the Schedules and Appendices shall form part of this by -law.
14.
GRANTED DATE OF LICENSES
The licenses for the business set out in Schedule " A" to this by -law shall,
unless they are expressed to be for shorter or longer time, be for one year,
and unless they are sooner forfeited or revoked, shall in each case, expire
in each year on the 31st day of December.
15.
TRANSFERRABILITY
All licenses issued under this by -law shall be personal to the holder thereof
and shall not be transferable.
16.
PENALTY
FOR NON - COMPLIANCE
Any person who contravenes any of the provisions of this by -law is guilty of
an offence and is liable to penalties set out in the Provincial Offences Act.
17.
SET FINES
Every person who is guilty of an offence under this by -law may, if permitted
under the Provincial Offences Act, pay a set fine as approved by the
appropriate Justice of the Ontario Court of Justice, in accordance with the
Schedule for set fines attached to this by -law.
18.
CONTINUING OFFENCE
For the purpose of this by -law each day of continued offence shall be
deemed to be a separate offence.
19.
ENACTMENT
This by -law shall come into force and effect upon final passing hereof.
By -law No. 99-60
P. 4
READ a FIRST TIME:
READ a SECOND TIME:
READ A THIRD TIME AND
FINALLY
PASSED:
THE CORPORATION
OF THE TOWNSHIP
OF LAKE OF BAYS
Per:
r,
Ma
r
N
Clerk
THE CORPORATION
OF THE TOWNSHIP
OF LAKE OF BAYS
Per:
MX6r
Clerk
By -law No. 99- 60
SCHEDULE " A"
BY -LAW N0. 99 -60
ANNUALFEE
25.
00
250.
00
250.
00
500.
00
P.
5
TYPE OF BUSINESS
a)
Auctioneer
b)
Refreshment Vehicle
c)
Hawkers and Peddlers
i
d)
i
Transient Traders
ANNUALFEE
25.
00
250.
00
250.
00
500.
00
P.
5
Amended - Fees are reflected in current
User Fee By-law
By -law No. 99- 60
SCHEDULE " B"
BY -LAW NO. 99- 60
APPLICATION
FOR LICENCE
APPLICANT' S NAME:
APPLICANT' S ADDRESS:
TELEPHONE
NUMBER:
TYPE OF LICENCE:
LOCATION
OF LICENCE
IF OTHER
THAN
ABOVE)
LICENCE AUTHORITY
BY -LAW NO.
LICENCE
FEE $
ROLL NO.
CONDITIONS OF ISSUANCE:
1.
2.
3.
of the
of
do hereby confirm that I am aware of and accept the conditions set out with
respect to the issuance of this licence and agree to the terms of this licence and
of By -law No.
of the Township of Lake of Bays, concerning the
function licences herewith.
I further hereby indemnify and sae harmless the
Township of Lake of Bays, its Committees and Employees, from any and all
claims arising out of the business activity authorized by this li ence;
Witness
Applicant
By -law No. 99-60
1.
2.
P. 7
APPENDIX
I
AUCTIONEER
Every auctioneer shall keep proper books of account of the business
transacted by him as an auctioneer, which books shall give the names and
addresses of the owners of the goods, wares or merchandise
to be sold, the
description of same, the price for which same may be sold, and the names
and addresses of the persons purchasing
such goods or wares.
The auctioneer shall forthwith after the sale of such goods account for the
proceeds and pay the same to the person entitled to such proceeds, less
his proper and legal commission
and charges.
3.
No auctioneer
shall:
a)
permit any disorder in his auction room or offices or at any auction
held by him;
b)
make or permit or be made any misrepresentations
as to the nature,
content, quantity, quality of goods, wares, merchandise or effects
which may be offered for sale by him;
c)
do any act that is calculated to or which may reasonably have the
effect of confusing a purchaser as to the amount he pays for article
or articles;
d)
avail himself of the services of or act in concert with persons known
in the trade as " beaters ", "boosters" or "shills" for the purpose of
raising or stimulating bids.
By -law No. 99-60
APPENDIX II
REFRESHMENT VEHICLE
I
M
P. 8
Any person to whom a licence is issued under this By -law may be limited or
otherwise regulated in respect to the location or areas within which such
person may carry on their business activities as otherwise permitted under
this By -law in the absolute discretion of the said Township, including upon
any highway or part of it or in any public park or any public place under the
jurisdiction of the Township and said limits will be shown as conditions in
the licence;
2.
The applicant shall maintain the refreshment vehicle in a safe and clean
condition;
3.
The applicant shall provide original proof of insurance with a public liability
coverage
of a minimum
of $ 1, 000, 000. 00 ( one million dollars);
4.
A refreshment vehicle licensed under the By -law shall be not permitted to
operate on any Township property unless the location is specifically
authorized on the licence.
5.
The operator of a refreshment vehicle licensed under this By -law shall
remove all litter that occurs in the vicinity of its location as a result of the
business operated from the said licensed vehicle;
6.
The applicant shall submit the vehicle to inspection by the Muskoka -Parry
Sound District Health Unit, and return an original copy of its report with the
licence application;
7.
In the case where a Refreshment Vehicle uses propane, the licencee must
tender to the Municipality a certificate from a Provincially licensed propane
fitter indicating that the propane unit has been installed and operates
properly.
8.
No person shall operate a refreshment vehicle using any sound
amplification.
9.
The applicant shall submit a photograph of the vehicle or other similar
evidence of appearance of the vehicle with the application;
10.
The vehicle shall not be used for business in a location not described in the
licence without prior approval of the Township;
11.
The applicant shall submit a letter of approval from the landowner, where
the vehicle is to be situated.
By -law No. 99- 60
APPENDIX III
HAWKERS AND PEDDLERS
Il
1
111
m
W
1.
No licence shall be required for hawking, peddling, or selling goods, wares
or merchandise:
a)
to wholesale or retail dealers in similar goods, wares or
merchandise;
j (
b)
to not - for - profit and charitable organizations;
2.
Each separate location where goods are sold as outlined herein shall be
considered to be a separate location, each requiring to be licensed under
this By -law;
3.
The person to whom a licence is issued under this By -law may be limited or
j
otherwise regulated in respect to the location or areas within which such
person may carry on their business activities as otherwise permitted under
this By -law in the absolute discretion of the Township, including upon any
highway or part of it or in any public park or any public place under the
jurisdiction of the Township and the said licence shall specify the location
authorized by the Municipality;
4.
The applicant agrees to submit a letter of approval from the landowner of
that property from which he proposes to operate under this licence;
5.
This license is not transferable without prior approval of the Township.
By -law No. 99-60
APPENDIX IV
TRANSIENT TRADERS
I .
II
VII'
P. 10
The provisions of this By -law shall not apply to the sale of stock of a
bankrupt or insolvent, within the meaning of a Bankruptcy or Insolvency Act
in force in Ontario, nor to the sale of any stock damaged by reason of fire,
which is being sold or disposed of within the Township if the business was
being carried on in the Township at the time of the bankruptcy, insolvency
or fire, so long as no goods, wares or merchandise are added to such stock,
nor shall this paragraph apply to the sale of a business to a bonafide
purchaser
who
continues
same;
2.
The applicant
shall provide
a full written
description
of the goods, wares or
merchandise that are being proposed for sale or offer to sell;
3.
The applicant shall provide a written description or photograph of the exact
vehicle or portable structure that is intended to be used in the business;
4.
The applicant shall provide a written description of all space requirements
and services, such as waste recepticals and seating intended to be
provided;
5.
The applicant shall provide written approval of the landowners for the
proposed sites or locations intended to be used and a site plan of each site
or location showing the area and vehicles and structures to be used for the
licensed activity.
RECEIVED
DEC 2 2 f999
THE HONOURABLE
RAYMOND
P. TAILLON
REGIONAL
SENIOR
JUSTICE
OF THE ONTARIO
COURT
OF JUSTICE
CENTRAL
EAST
REGION
IN
440
KENT
STREET
WEST
LINDSAY,
ONTARIO
K9V
6G8
December
17, 1999
Ms. Norma L. Bryant, B. A., A.M.C. T., C.M.O.
Clerk
Township ofLake ofBays
Dwight, Ontario
POA 1HO
Dear Ms. Bryant:
L' HONORABLE
JUGE
RAYMOND
P. TAILLON
JUGE
PRINCIPAL
REGIONAL
DE LA COUR
DE
L' ONTARIO
REGION DU CENTRE - EST
Re: Set Fines -- Township of Lake of Bays
440 KENT STREET WEST
LINDSAY (
ONTARIO
K9V 6G8
TELEPHONE/
TMPHONE ( 705) 324 - 1410
FAX/
TELECOPIEUR (
705) 324 - 1411
Enclosed herewith- is-a copy of an Order and a copy of a schedule of set fines for
Municipal Bylaw N . 99 -60 as . mended for the Bylaw indicated
in the schedule.
The setting ofthe fines does not constitute my approval ofthe short form ofthe wording
used to describe the offences.
I have forwarded a copy of the Order and the schedule of the set fines to the Ontario
Court ofJustice in Bracebridge, together with a certified copy ofthe By -law.
Yours truly,
Raymond P. Taillon
Regional Senior Justice
Central East Region
gs
Enclosures
I
i
I
m.
E'41
f .
4 dq
IT
IS
ORDERED
pursuant
to
the
provisions
of
the
Provincial
Offences
Act
and
the
rules
for
the Ontario
Court of Justice, that
the
amount
set
opposite
each of the offences
in the
attached
schedule
of
offences
under
the
Provincial
Statutes
and Regulations
thereunder
and
the
Municipal
Bylaw
No.
99 - 60
as
amended, of the
Township
of
Lake
of
Bays,
attached hereto is the set fine for those
offences.
This
Order
is
to
take
effect
December
17th,
1999.
DATED
at Lindsay
this 17th day of December,
1999.
Raymond V. Taillon
Regional
Senior
Justice
Central
East
Region
Ontario
Court
of
Justice
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