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The Corporation of the Municipality of Leamington
By-law 50-24
By-law to provide for licensing and regulating businesses
in the Municipality of Leamington
Content
Definitions
Interpretation
Exemptions
General Provisions
Licensing Powers
Table of Contents
Issuer of Licences - Responsibilities
Licence Fees
Application for a Business Licence
Employee Acts
Grounds for Refusal to Issue or Renew a
Business Licence
Appeal of Decision not to Issue or Renew
a Business Licence or Conditions
Imposed Upon a Business Licence
Grounds for Suspending or Revoking a
Business Licence
Hearing Regarding Suspension or
Revocation of a Business Licence
Suspension of a Business Licence
Without a Hearing
Business Licensing By-law 50-24
Page
5
12
13
14
15
15
16
16
18
19
20
20
21
22
Return of Business Licence
22
Expiry, Renewal and Surrender of a
23
Business Licence
Lost or Destroyed Licence
23
Inspections
23
Notices
25
Enforcement Provisions
25
Repeal/Transition
26
Schedule 1 - Business Licences
27
Appendix A - Adult Entertainment
28
Owner Application
28
Operator Application
28
Attendant Registration Form
29
Regulations
29
Adult Entertainment Event
31
Appendix B - Boarding and Rooming
32
House
Application
32
Regulations
32
Appendix C - Cash for Merchandise
35
Application
35
Regulations
35
Appendix D - Caterer - Home
37
Occupation
Application
37
Business Licensing By-law 50-24
2
Regulations
38
Appendix E - Food Vehicle - Class 1
39
Application
39
Regulations
40
Appendix F - Food Vehicle - Class 2
42
Application
42
Regulations
43
Appendix G - Ice Cream Cart
45
Application
45
Regulations
45
Appendix H - Ice Cream Vehicle
47
Application
47
Regulations
48
Appendix I - Luxury Vehicle Service
50
Application
50
Regulations
50
Appendix J - Pawnbroker
52
Application
52
Regulations
52
Appendix K - Salesperson - Day Sales
53
Application
53
Regulations
53
Appendix L - Salesperson - Door to Door
54
Business Licensing By-law 50-24
3
Application
Regulations
Appendix M - Transportation Company
Application
Regulations
Schedule 2 - Insurance
Schedule 3 - Map - Uptown Boundaries
Business Licensing By-law 50-24
54
54
55
55
55
58
59
4
The Corporation of the Municipality of Leamington
By-law 50-24
By-law to provide for licensing and regulating businesses
in the Municipality of Leamington
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
AND WHEREAS section 391 (1) of the Act provides that a municipality may impose fees
and charges on persons;
AND WHEREAS Council considers it in the public interest to enact a by-law to licence,
regulate and govern various classes of businesses;
THEREFORE the Council of The Corporation of the Municipality of Leamington hereby
enacts as follows:
DEFINITIONS
1.
For the purposes of this By-law and annexed Schedules and Appendices:
"Adult Entertainment Attendant" shall mean any Person other than a Licensed
Adult Entertainment Owner or Operator who provides Adult Entertainment
Services at an Adult Entertainment Establishment;
"Adult Entertainment Establishment" shall be a Licensed Premises and shall
have the same meaning as in the Comprehensive Zoning By-law;
"Adult Entertainment Event" shall mean an occurrence conducted by a Person
or Business providing entertainment appealing to or designed to appeal to erotic
or sexual appetites or inclinations within a facility other than an Adult
Entertainment Establishment;
"Adult Entertainment Operator" shall mean a Person who alone or with others
operates, manages, supervises, runs, or controls an Adult Entertainment
Establishment;
"Adult Entertainment Owner" shall mean a Person who owns or has
possession of an Adult Entertainment Establishment;
Business Licensing By-law 50-24
5
"Adult Entertainment Services" shall have the same meaning as in the
Comprehensive Zoning By-law;
"Appeal Committee" shall mean the committee established by Council to hear
appeals from decisions of administrative officials made pursuant to a delegated
power or duty;
"Applicant" shall mean a Person applying for or renewing a Licence;
"Application" shall mean the form of application, as provided by the Issuer of
Licences;
"Attendant Registration Form" shall mean a form completed by the Attendant
containing the legal name, address, date of birth, telephone number, stage
name, and social insurance number of each Attendant;
"Automobile Insurance" shall mean the automobile insurance as described in
Schedule 2;
"Boarding/Rooming House" shall mean a Licenced Premises which is a
building or portion thereof in which lodging is provided for more than four (4)
persons (which number shall include the owner or the owner's agent if the owner
or the owner's agent lives within the Boarding/Rooming House), lodging, meals
or both in return for remuneration or for the provision of services or some other
form of consideration, but shall not include a hotel, hospital, group home
dwellings, home for the young or the aged or institution if the hotel, hospital,
home or institution is licensed, approved or supervised under any general or
special Act or a dwelling on a farm that is used for the housing of farm workers
and is inspected by the relevant public health authority as a condition of its use
as such."
"Building Code Act" shall mean the Building Code Act, 1992, S.O. 1992, c. 23,
as amended, and the Regulations made thereunder;
"Business" shall mean any business carried on in the Municipality that is
identified in Schedule 1 of this By-law and includes:
a) trades and occupations;
b) exhibitions, concerts, festivals and other organized public amusements
held for profit or otherwise;
c) the sale or hire of goods or services on an intermittent or one-time basis
and the activities of a transient trader; and
Business Licensing By-law 50-24
6
d) the display of samples, patterns or specimens of goods for the purpose of
sale or hire;
but does not include:
a) a manufacturing or an industrial business, except to the extent that it sells
its products or raw material by retail;
b) greenhouse or farming operations;
c) the sale of goods by wholesale;
d) the generation, exploitation, extraction, harvesting, processing, renewal or
transportation of natural resources.
"Business Licence" shall mean the licence to engage in a Business issued
under this By-law, and the term "licensed" shall have a corresponding meaning;
"Business Premises" shall mean any land including any and all buildings or
other structures thereon or any part thereof for which an Application is or has
been made for a Business Licence and which is used or intended to be used in
the operation of a Business and includes any Vehicle or conveyance that is used
or intended to be used in the operation of the Business;
"By-law" shall mean the by-law to provide for licensing and regulating
businesses in the Municipality;
"Cash for Merchandise" shall mean the Business of providing cash in
exchange for goods previously owned by some other Person, including but not
limited to coins, jewelry, gold or silver;
"Caterer - Home Occupation" shall mean a Person who prepares Food at their
residential Dwelling for supply and consumption at another Premises.
"Certificate of Automobile Insurance" shall mean the certificate of automobile
insurance as described in Schedule 2;
"Certificate of Insurance" shall mean the certificate of insurance as described
in Schedule 2;
"Certificate of Status" shall mean a certificate issued by the Ontario
government for Ontario companies and is also known as Certificate of Good
Standing or Certificate of Compliance;
Business Licensing By-law 50-24
7
"Certified Food Handler" shall mean a Food Handler who holds a valid
Provincial Food Handler Certification Card recognized by the Windsor-Essex
County Health Unit;
"Comprehensive Zoning By-law" shall mean the comprehensive zoning by-law
890-09 passed by Council pursuant to section 34 of the Planning Act, R.S.O.
1990, c. P.13, as amended from time to time;
"Council" shall mean the Council of The Corporation of the Municipality of
Leamington;
"Day Sales" shall mean the Business of the Sale of goods or merchandise for a
one (1) to three (3) day, consecutive period from one specific location on Private
Property where the use is permitted in the Comprehensive Zoning By-law, but
does not include a Road Side Stand, as the same is defined in the
Comprehensive Zoning By-law;
"Door-to-Door Sales" shall mean the attendance by any Person at a Premises
for the purposes of selling, carrying on or engaging in any trade, business or
occupation who attends a Premises for the purpose of selling, hiring, offering to
sell or hire any goods or services, showing for the purpose of sale or hire of
samples, patterns or specimens of any goods, or for the purpose of the taking of
orders for future delivery of any goods or services, with or without a formal
written contract;
"Dwelling" shall have the same meaning as in the Comprehensive Zoning By-
law;
"Employee" shall mean any Person working in or for the Licensed Business
whether or not that Person receives remuneration for the work;
"Fee" shall mean the fee as set out in the Municipality's by-law to provide for a
tariff of fees, passed by Council, as amended from time to time;
"Fire Protection and Prevention Act" shall mean the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4, as amended, and the Regulations made
thereunder;
"Fire Chief' shall mean the Fire Chief of the Municipality or his or her designate;
"Food" shall mean food or drink for human consumption and includes
refreshments and confections;
Business Licensing By-law 50-24
8
"Food Handler Certification Card" shall mean a certification card issued to a
Person for the successful completion of an Accredited Certified Food Handler
Program recognized by the Ministry of Health and Long Term Care;
"Food Vehicle - Class 1" shall mean an outdoor wheeled contrivance not
permanently affixed to the ground and capable of being moved, from which Food
intended for immediate consumption is provided for Sale or sold, and includes a
motorized, self-propelled vehicle (e.g. a food truck), a vehicle that is not self-
propelled, but that can be easily towed (e.g. a food trailer) and a vehicle moved
by human exertion (e.g. a food cart). Some other examples include, but are not
limited to, a chip wagon, mobile food preparation vehicle, hot dog cart, or
refreshment vehicle;
"Food Vehicle - Class 2" shall mean an outdoor wheeled contrivance not
permanently affixed to the ground and capable of being moved, from which Food
intended for immediate consumption is provided for Sale or sold, and includes a
motorized, self-propelled vehicle (e.g. a food truck), a vehicle that is not self-
propelled, but that can be easily towed (e.g. a food trailer) and a vehicle moved
by human exertion (e.g. a food cart). Some other examples include, but are not
limited to, a chip wagon, mobile food preparation vehicle, hot dog cart, or
refreshment vehicle. The Food Vehicle -Class 2 is intended to be used for a
limited purpose or specific event and shall operate from one specific location for
up to a maximum of three (3) consecutive days.
"General Liability Insurance" shall mean the General Liability Insurance as
described in Schedule 2;
"Highway" shall have the same meaning as in the Highway Traffic Act and shall
include sidewalks and other Municipal Property ordinarily used for the passage of
Vehicles and/or pedestrians within the geographic limits of the Municipality;
"Highway Traffic Act" shall mean the Highway Traffic Act, R.S.O. 1990, c. H. 8,
as amended, and the Regulations made thereunder;
"Home Occupation" shall have the same meaning as in the Comprehensive
Zoning By-law;
"Ice Cream Cart" shall mean a cart driven or propelled by any kind of power,
from which Food specifically related to ice cream, frozen desserts or other frozen
confections are provided for Sale or sold but does not include an Ice Cream
Vehicle;
"Ice Cream Vehicle" shall mean a Food Vehicle from which Food specifically
related to ice cream, frozen desserts or other frozen confections are provided for
sale or sold, but shall not include an Ice Cream Cart;
Business Licensing By-law 50-24
9
"Issuer of Licences" shall mean the Director of Legal and Legislative Services,
or his or her designate;
"Land Maintenance By-law" shall mean by-law 840-08 to prescribe standards
for the maintenance of land passed by Council, as may be amended or replaced
from time to time;
"Licensed Premises" shall be the Business Premises in respect to which a
Business Licence has been issued;
"Licensee" shall mean any Person to whom a current Business Licence is
issued;
"Luxury Vehicle" means an unaltered passenger motor vehicle meeting the
Motor Vehicle Safety Act standards and having a designed seating capacity of
not less than four (4) and not more than nine (9) persons, excluding the driver,
belonging to the luxury, high performance and full-size models of Audi, BMW,
Cadillac, Infinity, Jaguar, Land Rover, Lexus, Lincoln, Mercedes or other makes
approved by the Issuer of Licences, with a minimum of four (4) doors, carpeted
flooring, tinted power windows, power locks, a stereo system, climate control, a
leather or superior quality upholstered interior, and deluxe wheels and wheel
covers, and that is not equipped with a taximeter or a roof sign, and is not
licensed as a taxicab pursuant to By-law 63-16, its successors, as amended if
any.
"Municipal Property" shall mean any property owned, leased or otherwise
occupied by the Municipality, but does not include a Highway;
"Municipality" shall mean The Corporation of the Municipality of Leamington or
geographic area of the Municipality of Leamington as the context suggests;
"Obstruct" shall mean to hinder, mislead, knowingly provide false information or
make false claim or statement, or to prevent the execution of a duty;
"Offence" shall mean a conviction or the finding of guilt under any federal or
provincial statute, including any regulation and the By-law or any other by-law of
the Municipality;
"Officer" shall mean a police officer, a provincial offences officer, a municipal law
enforcement officer or any other person as may be appointed by Council to
enforce this By-law;
"OFPR" shall mean Ontario Food Premises Regulation 562/90, as amended
from time to time;
Business Licensing By-law 50-24
10
"Owner" shall mean the Licensee, the registered owner, lessee or occupant of
the Licensed Premises, an Employee or anyone present on the Licensed
Premises with apparent control thereof;
"Pawnbroker" shall mean a Person who carries on the business of taking by
way of pawn or pledge any article for the repayment of money lent thereon;
"Pawnbroker Act" shall mean the Pawnbroker Act, R.S.O. 1990, c.P.6 and the
regulations enacted thereunder as amended from time to time;
"Person" shall mean an individual, a partnership, or a corporation and the heirs,
executors, administrators or other legal representatives of the Person, as the
case may be;
"Premises" shall mean any land including any and all buildings or other
structures thereon;
"Private Property" shall mean all property in the Municipality but does not
include any Highway or Municipal Property;
"Property Standards By-law" shall mean by-law 622-05 prescribing standards
for the maintenance and occupancy of all property passed by Council pursuant to
section 15.1 of the Building Code Act, as may be amended or replaced from time
to time;
"Public Vehicles Act" shall mean Public Vehicles Act, R.S.O. 1990, c. P.54, as
amended, and the Regulations made thereunder;
"Safety Standards Certificate" shall mean a Safety Standards Certificate issued
under the Highway Traffic Act;
"Sale" shall mean the exchange of a sum of money or other consideration for
goods, services, or Food and sell has the corresponding meaning;
"Salesperson" shall mean any Person operating the following:
-
Door-to-Door Sales
-
Day Sales;
"Sign By-law" shall mean by-law 110-11 to regulate the size, use, location,
construction and maintenance of signs within the Municipality passed by Council,
and as may be amended or replaced from time to time;
Business Licensing By-law 50-24
11
"Special Event" shall mean an event as defined in the Municipality's Special
Event By-law 86-23 and issued a Special Event Permit by the Municipality;
"Taxicab By-law" shall mean by-law 63-16 to provide for licensing, regulating
and governing of taxicab owners and taxicab drivers in the Municipality passed
by Council, as may be amended or replaced from time to time;
"Traffic By-law" shall mean the by-law 4285-95 regulating traffic and parking in
the Municipality passed by Council, as may be amended or replaced from time to
time;
"Transportation Agreement" means a written contract executed by the holder
of a Transportation Company Business Licence setting out the terms of operation
to provide specialized services including, but not limited to, the transportation of
school children or workers;
"Transportation Vehicle" means a Vehicle that transports individuals for
compensation or reward and is not licensed as taxicab pursuant to By-law 63-16;
"Uptown" shall mean that area as shown in Schedule 3;
"Vehicle" shall mean a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, bicycle, cart and any vehicle drawn, propelled or driven by any
kind of power, including muscular power, but does not include a motorized snow
vehicle or a streetcar;
"Vulnerable Sector Check" shall mean the original search results of a Police
Vulnerable Sector Check, enhanced screening for those employed in positions
working with vulnerable persons, from each police service's jurisdiction in
Canada in which the Applicant has been resident during the prior three hundred
and sixty-five (365) days, dated no more than thirty (30) days prior to the
submission of the Application.
INTERPRETATION
2.
The following Schedules and Appendices are attached hereto and form part of
this By-law:
Schedule 1 - Business Licences
Appendix A - Adult Entertainment Owner
Appendix A-Adult Entertainment Operator
Appendix B - Boarding and Rooming House
Appendix C - Cash for Merchandise
Appendix D - Caterer - Home Occupation
Appendix E - Food Vehicle - Class 1
Business Licensing By-law 50-24
12
Appendix F - Food Vehicle - Class 2
Appendix G - Ice Cream Cart
Appendix H - Ice Cream Vehicle
Appendix I - Luxury Vehicle Service
Appendix J - Pawnbroker
Appendix K - Salesperson - Day Sales
Appendix L - Salesperson - Door to Door
Appendix M - Transportation Company
Schedule 2 - Insurance
Schedule 3 - Uptown
3.
If any section, subsection, schedule, appendix or part, or parts of the By-law are
declared by the Superior Court of Justice to be invalid, illegal or ultra vires, such
section, subsection, schedule, appendix or part, or parts shall be deemed to be
severable and all parts hereof are declared to be separate and independent and
enacted as such.
4.
Unless otherwise defined, the words and phrases used in this By-law have their
normal and ordinary meaning.
5.
This By-law is gender-neutral and, accordingly, any reference to one gender
includes the other.
6.
References to items in the plural include the singular, as applicable, unless used
with a number modifying the term.
7.
Headings are inserted for convenience of reference purposes only, form no part
of this By-law and shall not affect in any way the meaning or interpretation of the
provisions of this By-law.
EXEMPTIONS
8.
This By-law shall not apply to:
a)
taxicab owners or taxicab drivers who have been issued a licence under
the Taxicab By-law;
b)
during the duration of the Special Event, the holder of a Special Event
Permit issued in accordance with the Special Event Guide.
c)
any Business not listed in Schedule 1 of this By-law.
Business Licensing By-law 50-24
13
GENERAL PROVISIONS
9.
No Person shall:
a)
operate a Business, permit another Person to operate a Business, or hold
themselves out as being licensed as a Business,
i.
without a Business Licence;
11.
at a location other than the Licensed Premises;
iii.
under any other name other than the one identified in the Business
Licence;
iv.
except in accordance with the provisions set out in the By-law; or
v.
without complying with any and all conditions or restrictions placed
on the Business Licence.
b)
transfer or assign a Business Licence to any other Person or to any other
location other than the Licensed Premises;
c)
obtain a Business Licence by providing mistaken, false or incorrect
information;
d)
alter, erase or modify a Business Licence; or
e)
permit the alteration, erasure or modification of a Business Licence.
10.
A Person may be required to obtain more than one (1) Business Licence if a
Person carries on more than one Business.
11.
A Business Licence to operate on two (2) or more Businesses at one Premises
by one Person may be issued on one (1) Business Licence form, but each
Business shall be deemed to hold a separate Business Licence.
12.
The requirement of a Licence under this By-law is in addition to and not in
substitution for any other requirement to obtain a licence or licences under any
other federal or provincial regulation and does not relieve any party from its
obligations to comply with any other law.
13.
The issuance of a Business Licence does not entitle the Licensee to a renewal
thereof.
Business Licensing By-law 50-24
14
LICENSING POWERS
14.
The power to licence, regulate and govern a business includes the power:
a)
to prohibit the operating or engaging in the business without a licence;
b)
to refuse to grant a licence or to revoke or suspend a licence;
c)
to fix the expiry date of a licence;
d)
to define classes of businesses and to separately licence, regulate and
govern each class;
e)
to impose conditions as a requirement of obtaining, continuing to hold or
renewing a licence including conditions:
i. requiring the payment of licence fees;
ii. restricting the hours of operation of the business;
f)
to impose special conditions on a business in a class that have not been
imposed on all of the businesses in that class in order to obtain, continue
to hold or renew a licence;
g)
to impose conditions, including special conditions, as a requirement of
continuing to hold a licence at any time during the term of the licence;
h)
to licence, regulate or govern real and personal property used for the
business and the persons operating it on or engaged in it; and
i)
to regulate or govern the equipment, vehicles and other personal property
used or kept for hire in connection with the operating or engaging in the
business.
ISSUER OF LICENCES
15.
The Issuer of Licences shall be responsible:
a)
to perform or cause to be performed all of the administrative functions
required by this By-law;
b)
to make or cause to be made all investigations required to give effect to
this By-law; and
Business Licensing By-law 50-24
15
c)
to receive, process and make a decision in respect of all Applications.
16.
Notwithstanding any other provisions of this By-law, the Issuer of Licences may,
in his or her sole discretion, issue or renew a Business Licence on a temporary
basis, or may issue or renew a Business Licence subject to terms and conditions
including special conditions as he or she deems necessary to give effect to this
By-law and, such terms and conditions may include, but are not limited to,
conditions to ensure public safety, or as are reasonably necessary in the public
interest.
LICENCE FEES
17.
The Fee payable with an Application for a Business Licence or renewal thereof
shall not be refunded in whole or part for any reason.
18.
The Fee payable with an Application for a Business Licence shall not be pro-
rated.
19.
A Fee shall apply to any renewal of a Business Licence where the Licensee has
not renewed the Business Licence before the expiry date.
20.
A Fee shall apply in the event that an Application is not made at least fourteen
(14) days prior to the date of commencement of the Business.
21.
The Fee shall be in addition to any other fees imposed by any statute or
regulation or by any other by-law of the Municipality.
APPLICATION FOR A BUSINESS LICENCE
22.
Every Applicant for a Business Licence or for a renewal thereof, shall complete
and submit the Application to the Issuer of Licences, which Application shall be
signed by:
a)
if the Applicant is an individual, the individual;
b)
if the Applicant is a partnership, at least one partner; and
c)
if the Applicant is a corporation, the officer or director having the signing
authority to bind the corporation.
23.
Every Application for a Business Licence or renewal thereof, shall be
accompanied by:
a)
if the Applicant is an individual or a partnership, two (2) pieces of valid
identification as acceptable to the Issuer of Licences with at least one (1)
Business Licensing By-law 50-24
16
piece containing photo identification from the individual or all partners in
the partnership;
b)
if the Applicant is a corporation, a copy of the incorporating document, a
list of the names and addresses of all current signing officers of the
corporation, and a copy of a Certificate of Status; except, however, a
Certificate of Status shall not be required to be submitted with an
Application for a renewal of a Business Licence;
c)
an indemnity, in a form satisfactory to the Issuer of Licences;
d)
the applicable Fee;
e)
proof that the Business Premises is in compliance with the Municipality's
Comprehensive Zoning By-law; the Building Code Act, the FPPA, and the
Property Standards By-law, if applicable.
f)
if the Vehicle used in the Business weighs over eleven thousand (11 ,000)
kilograms, a copy of a valid Commercial Vehicle Operator's Registration
issued by the Ministry of Transportation;
g)
Businesses that are set out in Schedule 1, those documents as set out in
the corresponding Appendix; and
h)
any other document that may be specifically requested by the Issuer of
Licences.
24.
A Business Licence is only valid for the Licensed Premises and the named
Licensee.
25.
Where a Person operates a Business at more than one Licensed Premises or
from more than one Vehicle, the Person shall have a Business Licence for each
Licensed Premises or each Vehicle as the case may be.
26.
If a sketch of the layout is provided as part of the Application, a Business shall
not expand beyond the area identified in the sketch at the time the original
Business Licence was issued.
27.
A Business Licence is valid only for the duration that the Business operates at
the Licensed Premises.
28.
Licences issued pursuant to this By-law are conditional on compliance by the
Licensee with all municipal by-laws and other applicable laws.
Business Licensing By-law 50-24
17
29.
A Business Licence remains the property of the Municipality, whether in the
lawful possession of a Licensee or not. No Licensee shall enjoy a vested right in
the continuance of a Licence. Upon the expiry, cancellation, or suspension of a
Licence the Licence shall immediately be returned to the Issuer of Licences.
30.
Every Licensee shall:
a)
post the Business Licence in a conspicuous place at the Licensed
Premises;
b)
carry the Business Licence on his or her Person when engaged in a
Business where the Licensee travels from place to place to perform his or
her Business;
c)
produce the Business Licence for inspection upon request by any Person;
d)
permit an Officer or the Issuer of Licences to enter the Licensed Premises
to conduct an inspection as may be deemed necessary in order to
ascertain compliance with this By-law;
e)
permit the Officer or the Issuer of Licences to inspect any Vehicle
operated, provided or used in the Business;
f)
notify the Issuer of Licences within seven (7) days of any change of
information from the information provided within the last Application
submitted;
g)
notify the Issuer of Licences within seven (7) days of any sale, transfer or
termination of the Business.
h)
comply with the provisions of the By-law and all applicable laws, including
but not limited to the Municipality's Comprehensive Zoning By-law; and
i)
comply with the conditions and restrictions placed on the Business
Licence.
EMPLOYEE ACTS
31 .
Every Licensee shall be responsible for the act or acts of any of his or her
Employees or agents in the operating of any of the Businesses authorized by his
or her Business Licence in the same manner and to the same extent as though
such act or acts were done by the Licensee.
Business Licensing By-law 50-24
18
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A BUSINESS LICENCE
32.
The Issuer of Licences may refuse to issue or renew a Business Licence to an
Applicant if:
a)
The Applicant does not meet all of the requirements of this By-law.
b)
The Application or other document provided to the Issuer of Licences by
or on behalf of the Applicant contains a false statement or provides false
information.
c)
The past or present conduct of the Applicant, or of any partner where the
Applicant is a partnership, or any director, officer or shareholder of the
corporation where the Applicant is a corporation, or any person who the
Issuer of Licenses reasonably believes exercises control over the
Applicant or the Business Premises is such that the Issuer of Licences
reasonably believes that the issuance or renewal of a Business Licence
would be adverse to the public interest.
d)
The Issuer of Licences believes that operating the Business may be
adverse to the public interest.
e)
The Issuer of Licences has reasonable grounds to believe that the
Applicant will not comply with any federal or provincial statute or regulation
or this By-law.
f)
The Applicant is indebted to the Municipality by way of fines, penalties,
judgements, outstanding property taxes, or any other amounts owing.
g)
The Applicant is in default in payment of any fine arising from a conviction
for an offence under a municipal by-law, federal or provincial law, or a
judgment of a court of competent jurisdiction.
h)
The Business Premises or intended Business Premises do not comply
with the Comprehensive Zoning By-law, the Building Code Act, the Fire
Protection and Prevention Act and/or the Property Standards By-law or
the Business Premises or the intended Business Premises are otherwise
dangerous or unsafe.
i)
The Business Premises is subject to an order, or orders, made pursuant to
or by:
i.
the Property Standards By-law;
Business Licensing By-law 50-24
19
11.
the Land Maintenance By-law;
iii.
the Building Code Act, or any regulations made thereunder;
iv.
the Fire Protection and Prevention Act; and/or
v.
the Medical Officer of Health.
j)
The Applicant is not entitled to a Business Licence for any other reason
set out in this By-law.
33.
The Issuer of Licences may deny the issuance or renewal of a Business Licence
where the Applicant has been convicted of an Offence.
APPEAL OF DECISION NOT TO ISSUE OR RENEW A BUSINESS LICENCE OR
CONDITIONS IMPOSED UPON A BUSINESS LICENCE
34.
Where the Issuer of Licences refuses to issue or renew a Business Licence or
imposes a condition on a Business Licence, upon payment of the applicable Fee,
an Applicant may appeal the decision of the Issuer of Licences to the Appeal
Committee.
35.
The Issuer of Licences shall provide notice, in writing, to the Applicant of a
decision to refuse to issue or renew a Licence. The notice shall:
a)
set out the grounds upon which the issuance of the said Licence is
refused; and
b)
state that the Applicant may appeal the decision to refuse to issue or
renew a Business Licence by requesting a hearing before the Appeal
Committee within fourteen (14) days of receipt of the decision; and set out
the process that the Applicant or Licensee must follow in order to request
such hearing as set out in the Rules of Procedure of the Appeal
Committee.
GROUNDS FOR SUSPENDING OR REVOKING A BUSINESS LICENCE
36.
The Issuer of Licences may revoke or suspend a Business Licence at any time
where:
a)
the Business Licence was issued in error or was based on incorrect or
incomplete information provided by the Applicant or based on a false
statement or false information;
Business Licensing By-law 50-24
20
b)
the conduct of any Licensee, or of any partner, in the case of any
Licensee which is a partnership, or any director, officer or shareholder of
the corporation, if the Licensee is a corporation, provides the Issuer of
Licences reasonable grounds to believe that the Licensee will not comply
with any federal or provincial statute or regulation or the By-law;
c)
the Licensee has breached a condition of the Licence;
d)
the Licensee would not be entitled to a Business Licence for any other
reason set out in the By-law;
e)
the Licensee is carrying on an activity that is in contravention of this By-
law, or any other by-law, federal or provincial statute or regulation;
f)
the Applicant is in default in payment of any fine arising from a conviction
for an offence under a municipal by-law;
g)
the Issuer of Licences is of the opinion that the Business carried on by the
Licensee poses a threat to the health and safety of the public; and/or
h)
the Issuer of Licences is of the opinion that the revocation or suspension
is otherwise in the public's interest.
HEARING REGARDING SUSPENSION OR REVOCATION OF A BUSINESS
LICENCE
37.
Where the Issuer of Licences believes that grounds exist to suspend or revoke a
Business Licence, the Issuer of Licences shall provide notice, in writing, to the
Licensee that a hearing of the matter will be held before the Appeal Committee.
The notice shall:
a)
in the case of a suspension of a Business Licence:
i.
set out the grounds for suspending the Business Licence;
ii.
set out the steps that the Licensee must take in order for the Issuer
of Licences to cancel the suspension of the Business Licence;
111.
set out the time within which those steps described in subsection
37 a) iii must be taken;
iv.
state that failure to complete the steps required to be taken within
the time set out shall result in a revocation of the Business Licence;
Business Licensing By-law 50-24
21
v.
set out the process that the Licensee must follow in order to be
heard as a party before the Appeal Committee as set out in the
Rules of Procedure of the Appeal Committee; and
vi.
provide the date, the time and the place of the hearing.
b)
in the case of a revocation of a Business Licence:
1.
set out the grounds for revoking the Business Licence;
ii.
set out the process that the Licensee must follow in order to be
heard as a party before the Appeal Committee as set out in the
Rules of Procedure of the Appeal Committee; and
iii.
provide the date, the time and the place of the hearing.
SUSPENSION OF BUSINESS LICENCE WITHOUT A HEARING
38.
Notwithstanding subsection 37, if the Issuer of Licences is satisfied that the
continuation of the Business Licence poses an immediate danger to the health or
safety of any person or to any property, the Issuer of Licences may, for the time
and on such conditions as he or she considers appropriate, without a hearing,
suspend a Business Licence subject to the following:
a)
before suspending the Business Licence, the Issuer of Licences shall
provide the Licensee with the reasons for the suspension, either orally or
in writing, and an opportunity to respond to them; and
b)
the suspension shall not exceed fourteen (14) days.
RETURN OF BUSINESS LICENCE
39.
Every Business Licence is, at all times, the property of the Municipality; is non-
transferable unless stated otherwise in this By-law; and shall be valid only in
respect of the Person and the specific Business Premises identified therein, as
the case may be.
40.
When a Business Licence has expired, been suspended or revoked, the
Licensee shall return the Business Licence to the Issuer of Licences forthwith
upon the expiry, suspension or the revocation, as the case may be, failing which,
a Licensee shall, upon demand, produce the same to an Officer or the Issuer of
Licences.
Business Licensing By-law 50-24
22
EXPIRY, RENEWAL AND SURRENDER OF A BUSINESS LICENCE
41 .
Unless renewed or revoked, a Business Licence issued or renewed under this
By-law shall expire annually on March 31 st, except where provided otherwise in
this By-law.
42.
Each Licensee shall be required to renew the said Business Licence prior to the
expiry of the Business Licence, failing which, the Licensee shall cease the
operation of the Business.
43.
Where a Person fails to renew the Business Licence within ninety (90) days after
the expiry of such Business Licence, the Person shall no longer be entitled to
renew said Business Licence, but shall apply for a new Business Licence.
44.
A Licensee may surrender a Business Licence by delivering notice, in writing,
together with the Licence to the Issuer of Licences.
LOST OR DESTROYED LICENCE
45.
Lost, destroyed or defaced Business Licence may be cancelled and replaced by
the Issuer of Licences upon the completing and submitting of an Application by
the Licensee accounting for the original Business Licence to the satisfaction of
the Issuer of Licences and upon payment of the applicable Fee.
INSPECTIONS
46.
The Municipality may enter upon any Premises or into any Vehicle at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
a)
the By-law;
b)
an order of the Municipality made under the By-law;
c)
a condition of Business Licence issued under this By-law; or
d)
an order made under section 431 of the Municipal Act.
47.
For the purposes of conducting an inspection pursuant to section 46 of this By-
law, the Municipality may:
a)
require the production for inspection of documents or things, or copies of
any document or thing, relevant to the inspection;
Business Licensing By-law 50-24
23
b)
require the production for inspection of any Vehicle(s) relevant to the
inspection;
c)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
d)
require information from any Person concerning a matter related to the
inspection; and,
e)
alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
48.
No Person exercising a power of entry on behalf of the Municipality shall enter or
remain in any room or place actually being used as a Dwelling unless:
a)
the consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused and, if refused, may only
be made under the authority of an order issued under section 438 of the
Municipal Act, a warrant issued under section 439 of the Municipal Act or
a warrant issued under section 386.3 of the Municipal Act;
b)
an order issued under section 438 of the Municipal Act is obtained;
c)
a warrant issued under section 439 of the Municipal Act is obtained;
d)
a warrant issued under section 386.3 of the Municipal Act is obtained; or
e)
the delay necessary to obtain an order under section 438 of the Municipal
Act, to obtain a warrant under section 439 of the Municipal Act or to obtain
the consent of the occupier would result in immediate danger to the health
or safety of any Person.
49.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person
who is exercising a power or performing a duty under this By-law.
50.
A refusal to consent to enter or remain in a room or place actually used as a
Dwelling does not constitute hindering or obstruction within the meaning of this
section unless the Municipality is acting under an authority set out in section 48
above.
51 .
In the case of a Home Occupation, a refusal to consent to enter or remain in a
room or place of that portion of the Dwelling not suspected to be used as a
Business Licensing By-law 50-24
24
Business Premises, except where necessary for the purpose of gaining access to
the suspected Business Premises, does not constitute hindering or obstruction.
NOTICES
52.
Any notice required by this By-law may be served personally or by regular mail
sent:
if to the Licensee:
To the address included on the Licensee's
Application, or any change to that address which has
been provided by the Licensee
if to the Issuer of Licences: 111 Erie Street North
Leamington, Ontario
N8H 2Z9
53.
If a notice is served by regular mail, the service shall be deemed to have been
made on the fifth (5th) day after the day of mailing.
ENFORCEMENT PROVISIONS
54.
No Person shall Obstruct or attempt to Obstruct any Officer or the Issuer of
Licences or any other person having authority for the enforcement or
administration of this By-law.
55.
Any Officer or the Issuer of Licences may, during apparent business hours, enter
upon or into a Business Premises for the purpose of inspecting the Business
Premises and any and all records of a Licensee that are relevant to the purposes
of the administration and I or the enforcement of this By-law.
56.
Every Person who contravenes any section of the By-law is guilty of an offence
and, upon conviction, is liable to a fine as provided for by the Provincial Offences
Act, R.S.O. 1990, c.P. 33.
57.
Notwithstanding section 56 of this By-law, every Person who contravenes any
provision of this 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.
58.
Notwithstanding section 56 of this By-law, a corporation that contravenes any
provision of this By-law is guilty of an offence and, upon conviction, is liable for a
fine not exceeding $50,000.00.
Business Licensing By-law 50-24
25
59.
The court in which a conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted, and such order shall be in
addition to any other remedy and to any penalty imposed on the person
convicted .
60.
If the fine remains unpaid the fine shall be deemed to be unpaid taxes for the
purposes of section 351 of the Act.
REPEAL / TRANSITION
61.
By-law 05-19 and all amendments thereto is hereby repealed on the date this
By-law comes into force and effect.
62.
Notwithstanding Section 61 , the provision of these by-laws, as amended, shall be
deemed to continue in force and effect with respect to any and all order, appeals
or prosecutions issued, filed or commenced under these by-laws, and any
assessment, rate, charge, tax, fee, liability or penalty outstanding under these by-
laws may be collected as if the by-law had not been repealed.
63.
A licence issued under any by-law listed in Section 61 above, shall be deemed to
be a Licence under this By-law and shall be subject to all provisions of this By-
law, but shall expire date stated on the licence.
64.
If an act has been validly commenced pursuant to the predecessor to this By-law
and whether or not the authority for such act exists pursuant to this By-law, such
act may be continued to its conclusion and, if necessary, the portions of the
predecessor to this By-law necessary to permit such act to be concluded shall be
deemed to remain in effect for the purposes of bringing such act to a conclusion.
This By-law shall come into full force and effect upon the final passing thereof.
Read a first, second and third time and finally enacted this 25th day of June, 2024
Hilda MacDonald, Mayor
Bre&
~k
Business Licensing By-law 50-24
26
SCHEDULE 1
BUSINESS LICENCES
Business Description
Adult Entertainment Owner
Adult Entertainment Operator
Boarding and Rooming House
Cash for Merchandise
Caterer - Home Occupation
Food Vehicle - Class 1
Food Vehicle - Class 2
Ice Cream Cart
Ice Cream Vehicle
Luxury Vehicle Service
Pawnbroker
Salesperson - Door to Door Sales maximum 3 consecutive
days
Salesperson - Day Sales - maximum 3 consecutive days
Transportation Company
Business Licensing By-law 50-24
Appendix
A
A
B
C
D
E
F
G
H
I
j
K
L
M
27
APPENDIX A
ADULT ENTERTAINMENT
Adult Entertainment Owner - Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for Business Licence for an Adult Entertainment Owner, or for a
renewal thereof, shall be accompanied by:
a)
proof of an inspection of the Adult Entertainment Establishment conducted
by the Fire Chief dated within one year of the Application for Licence or
renewal thereof;
b)
proof of an inspection of the Adult Entertainment Establishment conducted
by the Windsor-Essex County Health Unit dated within one (1) year of the
Application for Business Licence or renewal thereof;
c)
a sketch in the form acceptable to the Issuer of Licences, which clearly
shows the building or part of the building to be used as an Adult
Entertainment Establishment, including identification of the stage;
d)
Certificate of Insurance; and
e)
a list of all services provided for a fee at the Adult Entertainment
Establishment. This list shall include all of the respective fees charged for
services, if any, including admission fees and any other payment charged
in respect of entry to the Adult Entertainment Establishment. If any charge
is based on a computation of time, the hourly rate shall be shown on the
list.
2.
Where an Owner intends to be, or is also the Operator of an Adult Entertainment
Establishment, he or she shall require both an Adult Entertainment Owner and
Adult Entertainment Operator Licence.
Adult Entertainment Operator - Application - Accompanying Documents
3.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for an Adult Entertainment Operator Business Licence, or for a
renewal thereof, shall accompanied by:
a)
proof satisfactory to the Issuer of Licences that the individual is at least
eighteen (18) years of age; and
b)
a Vulnerable Sector Search.
Business Licensing By-law 50-24
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Attendant Registration Form
4.
Every Adult Entertainment Operator shall require every Adult Entertainment
Attendant to complete an Attendant Registration Form prior to such Attendant
providing Adult Entertainment Services in the Adult Entertainment Establishment.
5.
An Attendant Registration Form is valid for one (1) year from the date it is
completed.
6.
No Licensee, Adult Entertainment Owner, Adult Entertainment Operator, Adult
Entertainment Attendant or any other Person shall falsify any information
contained within the Attendant Registration Form.
7.
Every Adult Entertainment Operator shall obtain, review and verify that the
information provided to him/her by the Attendant is consistent with the
information contained on the Attendant Registration Form.
8.
Every Adult Entertainment Operator shall retain an original copy of the Attendant
Registration Form, together with legible photocopies of identification provided by
the Attendant, for a minimum of three (3) years.
9.
An Adult Entertainment Owner shall, upon notice of an Officer or the Issuer of
Licences, produce a copy of the Attendant Registration Forms, for inspection.
Regulations
10.
Every Person who has been issued a Business Licence for an Adult
Entertainment Owner or an Adult Entertainment Operator shall:
a)
have a system in place at the Adult Entertainment Establishment that
determines that each Person entering the Adult Entertainment
Establishment is eighteen (18) years of age or older;
b)
at the request of the Issuer of Licences, provide evidence as to the age of
any Attendant in the Adult Entertainment Establishment;
c)
operate an Adult Entertainment Establishment in a clean and sanitary
condition, and in compliance with the OFPR;
d)
comply with the requirements of the Windsor-Essex County Health Unit;
e)
maintain and keep in force General Liability Insurance;
Business Licensing By-law 50-24
29
f)
not permit any person other than a licensed Operator to operate such
Adult Entertainment Establishment;
g)
not permit any Person who has not completed an Attendant Registration
Form to provide Adult Entertainment Services at the Adult Entertainment
Establishment;
h)
not permit any Person under the age of eighteen (18) years of age to enter
or remain in the Adult Entertainment Establishment;
i)
not employ a Person under the age of eighteen (18) years of age in an
Adult Entertainment Establishment; or
j)
not use or permit to be used any Premises or part thereof used as an
Adult Entertainment Establishment to be used as a dwelling or for sleeping
purposes.
11.
No Licensee shall, in respect of any Adult Entertainment Establishment operated
by such Persons, permit any Attendant, while providing Adult Entertainment
Services as an Attendant, to be touched by any Person for whom the Attendant
is performing Adult Entertainment Services on the breast, pubic area or buttocks
and no such Attendant shall permit any such Person to touch his or her breast,
pubic area or buttocks while performing such Adult Entertainment Services.
12.
No Licensee shall, in respect of any Adult Entertainment Establishment operated
by such Persons, permit any Attendant, while providing Adult Entertainment
Services as an Attendant, to touch any Person for whom the Attendant is
performing Adult Entertainment Services on the pubic area and no such
Attendant shall touch any such Person on his or her pubic area while performing
such Adult Entertainment Services.
13.
No Licensee shall, in respect of any Adult Entertainment Establishment operated
by such Persons, permit any Attendant, while providing Adult Entertainment
Services as an Attendant, to touch any other Attendant on the pubic area and no
such Attendant shall touch any other Attendant on his or her pubic area while
performing such Adult Entertainment Services.
14.
No Licensee shall, in respect of any Adult Entertainment Establishment operated
by such Persons, permit any Attendant, while providing Adult Entertainment
Services as an Attendant, to engage in or permit any anal or vaginal penetration
and no such Attendant shall engage in or permit any anal or vaginal penetration
while performing such Adult Entertainment Services.
Business Licensing By-law 50-24
30
15.
No Licensee shall permit any Attendant to perform any Adult Entertainment
Services other than within full view without obstruction of walls, curtains, or other
enclosures, devices or objects, and open to all customers.
16.
No Attendant shall perform any Adult Entertainment Service other than within full
view without obstruction of walls, curtains, or other enclosures, devices or
objects, and open to all customers.
17.
No Person shall place or cause to be placed any sign, advertising or advertising
device, including any printed material, posted or used outside the Business
Premises for the purpose of promoting the Adult Entertainment Establishment, or
any photograph, drawing or other artistic rendering Adult Entertainment Services
designed to appeal to erotic or sexual appetites or inclinations.
Adult Entertainment Event
18.
No Person or Business shall operate an Adult Entertainment Event within the
Municipality of Leamington.
Business Licensing By-law 50-24
31
APPENDIX B
BOARDING/ROOMING HOUSE
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Business Licence for a Boarding/Rooming House, or for a
renewal thereof, shall be accompanied by:
a) proof of an inspection of the Boarding/Rooming House conducted by the Fire
Chief indicating that there are no contraventions of the Fire Code and dated
within thirty (30) days of the Application for Licence or renewal thereof;
b) Vulnerable Sector Check of the owner or operator;
c) A sketch of the interior of the Boarding/Rooming House, which indicates the
following:
1.
Identification of each room of area and its purpose;
ii.
any rooms not being used for the purposes of the Boarding/Rooming
House;
111.
location of each external ingress or engress;
iv.
units of measurement for each room or area, including the height;
v.
location of each door and window in every bedroom;
vi.
the location of each bed in every bedroom;
vii.
number of separate showers, bathtubs (with or without showers),
toilets and sinks;
d) a Fire Safety Plan; and
e) Certificate of Insurance.
Regulations
2.
Every Person who has been issued a Business Licence for a Boarding/Rooming
House shall:
a) maintain and keep in force General Liability Insurance;
Business Licensing By-law 50-24
32
b) establish and maintain parking spaces, the size of which shall be in accordance
with the Comprehensive Zoning By-law and the location of which shall be in
accordance with a sketch approved by the Municipality;
c) ensure that no cooking appliances of any kind and no gas or oil-fire heating
appliances other than those specifically designed and authorized by the Building
Code are installed or maintained in any area of the Boarding/Rooming House;
d) ensure the Boarding/Rooming House is maintained in a clean and hygienic
manner;
e) provide a kitchen with food storing, preparing and cooking facilities;
f) provide living space (living space may include a bedroom, lobby, kitchen, dining
room, living room, recreation room, hallway and laundry room, but does not
include a cellar, stairway, closet or bathroom) with a minimum area of eighty (80)
square feet of floor space per person (any part of the living space having a height
of less than seven (7) feet shall not be considered in computing the required floor
space);
g) provide basic furnishing such as tables, chairs and beds, compatible with the
maximum occupancy;
h) not permit a bedroom within any cellar, lobby, hallway, closet, bathroom, laundry,
stairway or kitchen;
i) not permit a bedroom to be used unless:
i.
it is fully enclosed with a wall and door separating the bedroom from
other living spaces;
ii.
it has a minimum of sixty (60) square feet of floor space per person
(any part of the bedroom having a height of less than seven (7) feet
shall not be considered in computing the required floor space);
iii.
it contains a window, the size and location of which is in accordance
with the Fire Code and Building Code;
iv.
each bed is at least six (6) feet apart from any other bed;
v.
no part of any bed overlaps an unprotected source of heat, a window
or a door;
vi.
each bed is not more than two (2) deep from a window; and
Business Licensing By-law 50-24
33
vii.
each bed is at least twelve (12) inches above the floor.
Business Licensing By-law 50-24
34
APPENDIX C
CASH FOR MERCHANDISE
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Cash for Merchandise Business Licence, or for a renewal
thereof, shall be accompanied by:
a)
Certificate of Insurance.
Regulations
2.
Every Person who has been issued a Business Licence for a Cash for
Merchandise Business shall:
a)
maintain and keep in force General Liability Insurance;
b)
keep a register in which shall be entered a record of all merchandise and
goods obtained;
c)
ensure that the registry:
i.
be in the English language written in ink in a plain, legible hand or
done by electronic means;
11.
be made at the time of obtainment or immediately thereafter;
iii.
include the date and hour of the obtainment;
iv.
contain a full description of the goods or merchandise, without
limiting the generality of the foregoing including materials, size, and
inscription;
v.
contain the price paid for the goods or merchandise; and
vi.
contain a photograph of the merchandise or goods, clearly showing
each piece and any identifying marks, and linking photograph to the
registered item.
d)
retain the register and pictures for one year.
e)
deliver or cause to be delivered to the Ontario Provincial Police, a
complete copy of the register of the purchases, containing information as
set out in this Schedule when requested by the Ontario Provincial Police;
Business Licensing By-law 50-24
35
f)
the goods or merchandise shall be kept on the Business Premises until
such time as the goods or merchandise are sold;
g)
upon any Person offering to him or her goods or articles of any kind, which
he or she has cause to suspect have been stolen or otherwise unlawfully
obtained, report the facts known to him or her to the Ontario Provincial
Police promptly;
h)
ensure that at all times while the Business Premises is open, there are
clearly visible and functioning high-resolution security cameras so as to
view, monitor and record each entrance and exit of the Premises and all
the public spaces inside the Business Premises; and
i)
make and retain all video and digital records from the security cameras for
at least thirty (30) days and make the video and digital records available
immediately to the Ontario Provincial Police upon request and at no cost.
3.
No Licensee shall alter, sell, exchange, repair, dispose of or in any way part with
possession of any goods or articles of any kind howsoever obtained, until after
the expiration of fifteen (15) business days, meaning days on which the Licensee
is ordinarily open for business, from the date of obtaining the goods or articles of
any kind and during those fifteen (15) business days such goods or articles of
any kind obtained shall remain on the Premises, or such other location as
approved by the Issuer of Licences, in respect to which the License is issued and
shall be kept separate from any other goods or articles of any kind obtained.
Business Licensing By-law 50-24
36
APPENDIX D
Caterer - Home Occupation
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Business Licence for a Caterer - Home Occupation or for
a renewal thereof, shall be accompanied by:
a)
proof of an inspection of the Business Premises conducted by the
Windsor-Essex County Health Unit dated within one (1) year of the
Application for Business Licence or renewal thereof;
b)
proof of an inspection of the Business Premises conducted by the Fire
Chief dated within one (1) year of the Application for Licence or renewal
thereof;
c)
a copy of a valid Food Handler Certification Card for at least one (1)
employee supervising the preparation, processing, packaging, service or
storage of food;
d)
a list of the Vehicle(s) to be used together with a copy of the current
passenger motor vehicle permit (ownership) issued in the Applicant's
name for each Vehicle;
e)
a Certificate of Automobile Insurance in respect of each Vehicle to be
used in the Business; and
f)
a Certificate of Insurance.
g)
Proof that the Applicant resides in the Dwelling.
h)
A sketch of the entire Dwelling floor plan (all levels) with the dimensions,
which indicates the units of measurement for al levels of the home,
including the proposed area for the Business and its measurements.
i)
a sketch showing current parking and proposed off-street parking
associated with the Business.
j)
Proof that the Business is clearly secondary and subordinate to the main
use of the Dwelling as a private residence.
Business Licensing By-law 50-24
37
Regulations
2.
Every Person who has been issued a Business Licence for a Caterer - Home
Occupation shall:
a)
establish and maintain a Business Premises within the geographical
boundaries of the Municipality that is in compliance with the
Comprehensive Zoning By-law; the Building Code Act, the FPPA and the
Property Standards By-law;
b)
ensure that any Vehicle to be used in the Business shall be in good
mechanical condition at all times;
c)
ensure that any Vehicle to be used in the Business has large visible
letters, with the name of the Business clearly marked on the said Vehicle;
d)
ensure that there is at all times, when operating, at least one (1) Employee
has obtained the Food Handler Certification Card;
e)
operate the Business in a clean and sanitary condition, and in compliance
with the OFPR;
f)
comply with the requirements of the Windsor-Essex County Health Unit;
g)
maintain adequate pest control measures to keep the Business Premises
free of rodents and insects;
h)
maintain and keep in force General Liability Insurance;
i)
maintain and keep in force Automobile Insurance in respect of each
Vehicle to be used in the Business;
j)
comply with the Smoke-Free Ontario Act and Ontario Regulation 48/06;
k)
not permit any live animal, bird or other fowl with the exception of a
service animal in any room where Food is prepared, stored or displayed;
and
I)
not serve or sell, or permit to be served or sold, any alcoholic beverages
without providing proof of a valid licence issued by the Alcohol and
Gaming Commission of Ontario to the Issuer of Licences.
Business Licensing By-law 50-24
38
APPENDIX E
FOOD VEHICLE - CLASS 1
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Business Licence for a Food Vehicle, or for a renewal
thereof, shall be accompanied by:
a)
proof of an inspection conducted by the Windsor-Essex County Health
Unit dated within thirty (30) days of the Application for Licence of both the
Food Vehicle and any Premises used to prepare Food;
b)
proof of an inspection conducted by the Fire Chief dated within thirty (30)
days of the Application for Licence of both the Food Vehicle and any
Premises used to prepare Food;
c)
a copy of a valid Food Handler Certification Card for at least one (1)
Employee supervising the preparation, processing, packaging, service or
storage of food;
d)
a copy of ownership for the Food Vehicle including the Vehicle
identification number and the Ontario licence plate number as issued by
the Ministry of Transportation for each Vehicle, if applicable;
e)
a Certificate of Automobile Insurance;
f)
a photo of the Food Vehicle and a description of the type of Vehicle;
g)
the location of the Food Vehicle which shall:
i.
be on Private Property, which Private Property shall be zoned
Commercial, Recreational, Industrial or Agricultural pursuant to the
Comprehensive Zoning By-law; and
ii.
be subject to a site plan approved by the Municipality pursuant to
section 41 of the Planning Act, R.S.O 1990, c.P.13;
h)
a sketch depicting the exact location the Food Vehicle will operate on
Private Property. The sketch shall be to scale and include layout
dimensions as required by the Issuer of Licences;
i)
a list of the types of Food to be provided for Sale;
Business Licensing By-law 50-24
39
j)
Certificate of Insurance;
k)
the location where the Food Vehicle will be parked or stored when not
operating the Business, which location shall be in compliance with the
Comprehensive Zoning By-law; and
I)
proof that the Food Vehicle complies with the Technical Standards and
Safety Act, 2000.
Regulations
2.
Every Person who has been issued a Business Licence for a Food Vehicle shall:
a)
have a Business Licence for each location the Food Vehicle carries on
Business;
b)
maintain and keep in force Automobile Insurance;
c)
maintain and keep in force General Liability Insurance;
d)
park or store the Food Vehicle only at the location identified in the
Application;
e)
ensure that any sign or advertising device is in accordance with the Sign
By-law;
f)
ensure that a garbage receptacle is placed outside of the Food Vehicle
and is collected and disposed of in a proper and sanitary manner;
g)
not operate Business as a Food Vehicle on Private Property unless written
permission is provided by the owner of the Private Property where the
Food Vehicle will operate from;
h)
not operate on Private Property after the expiry of the written authorization
in respect to the said Private Property;
i)
not operate on Business as a Food Vehicle in a location other than the
exact location approved by the Issuer of Licences as set out in the
Business Licence;
j)
operate a Food Vehicle in a clean and sanitary condition, and in
compliance with the OFPR;
k)
comply with the requirements of the Windsor-Essex County Health Unit;
Business Licensing By-law 50-24
40
I)
not operate as a Food Vehicle within three hundred feet (300') of:
i.
the customers' entrance to an Eating Establishment, or
ii.
the customers' entrance to a place where Food is offered for sale, if
the Food Vehicle offers for sale similar Food as does the Eating
Establishment or place where Food is offered for sale, unless the
Eating Establishment has provided its consent in writing.
m)
not operate a Food Vehicle within twenty (20) feet of the entrance to any
building or within fifty (50) feet of a bus stop;
n)
not operate a Food Vehicle in front of any window of any building so as to
obstruct the view from such building through such window or the view from
outside the building through such window to any display within the
building;
o)
not operate a Food Vehicle within a sight visibility triangle as described in
the Comprehensive Zoning By-law;
p)
not use tables, chairs or benches unless such use is permitted under the
Licence; and
q)
ensure that there is at all times, when operating, at least one (1) Employee
that has obtained the Food Handler Certification Card.
Business Licensing By-law 50-24
41
APPENDIX F
FOOD VEHICLE - CLASS 2 (3 Day Limit)
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Business Licence for a Food Vehicle, or for a renewal
thereof, shall be accompanied by:
a) proof of an inspection conducted by the Windsor-Essex County Health Unit dated
within thirty (30) days of the Application for Licence of both the Food Vehicle and
any Premises used to prepare Food;
b) proof of an inspection conducted by the Fire Chief dated within thirty (30) days of
the Application for Licence of both the Food Vehicle and any Premises used to
prepare Food;
c) a copy of a valid Food Handler Certification Card for at least one (1) Employee
supervising the preparation, processing, packaging, service or storage of food;
d) a copy of ownership for the Food Vehicle including the Vehicle identification
number and the Ontario licence plate number as issued by the Ministry of
Transportation for each Vehicle, if applicable;
e) a Certificate of Automobile Insurance;
f) a photo of the Food Vehicle and a description of the type of Vehicle;
g) the location of the Food Vehicle which shall:
h) be on Private Property, which Private Property shall be zoned Commercial,
Recreational, Industrial or Agricultural pursuant to the Comprehensive Zoning
By-law; and
i) a sketch depicting the exact location the Food Vehicle will operate on Private
Property. The sketch shall be to scale and include layout dimensions as required
by the Issuer of Licences;
j) a list of the types of Food to be provided for Sale;
k) Certificate of Insurance;
I) the location where the Food Vehicle will be parked or stored when not operating
the Business, which location shall be in compliance with the Comprehensive
Zoning By-law; and
Business Licensing By-law 50-24
42
m) proof that the Food Vehicle complies with the Technical Standards and Safety
Act, 2000.
Regulations
2.
Every Person who has been issued a Business Licence for a Food Vehicle shall:
a)
have a Business Licence for each location the Food Vehicle carries on
Business;
b)
maintain and keep in force Automobile Insurance;
c)
maintain and keep in force General Liability Insurance;
d)
park or store the Food Vehicle only at the location identified in the
Application;
e)
ensure that any sign or advertising device is in accordance with the Sign
By-law;
f)
ensure that a garbage receptacle is placed outside of the Food Vehicle
and is collected and disposed of in a proper and sanitary manner;
g)
not operate Business as a Food Vehicle on Private Property unless written
permission is provided by the owner of the Private Property where the
Food Vehicle will operate from;
h)
not operate on Private Property after the expiry of the written authorization
in respect to the said Private Property;
i)
not operate on Business as a Food Vehicle in a location other than the
exact location approved by the Issuer of Licences as set out in the
Business Licence;
j)
operate a Food Vehicle in a clean and sanitary condition, and in
compliance with the OFPR;
k)
comply with the requirements of the Windsor-Essex County Health Unit;
I)
not operate as a Food Vehicle within three hundred feet (300') of:
i.
the customers' entrance to an Eating Establishment, or
Business Licensing By-law 50-24
43
ii.
the customers' entrance to a place where Food is offered for sale, if
the Food Vehicle offers for sale similar Food as does the Eating
Establishment or place where Food is offered for sale, unless the
Eating Establishment has provided its consent in writing.
r)
not operate a Food Vehicle within twenty (20) feet of the entrance to any
building or within fifty (50) feet of a bus stop;
s)
not operate a Food Vehicle in front of any window of any building so as to
obstruct the view from such building through such window or the view from
outside the building through such window to any display within the
building;
t)
not operate a Food Vehicle within a sight visibility triangle as described in
the Comprehensive Zoning By-law;
u)
not use tables, chairs or benches unless such use is permitted under the
Licence; and
v)
ensure that there is at all times, when operating, at least one (1) Employee
that has obtained the Food Handler Certification Card.
Business Licensing By-law 50-24
44
APPENDIXG
ICE CREAM CART
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Business Licence for an Ice Cream Cart (Motorized and
Non-Motorized), or for a renewal thereof, shall be accompanied by:
a)
a list of Employees employed by the Licensee;
b)
proof of an inspection conducted by the Windsor-Essex County Health
Unit dated within thirty (30) days of the Application for Licence of the Ice
Cream Cart;
c)
Vulnerable Sector Check for each Employee; and
d)
Certificate of Insurance.
Regulations
2.
Every Person who has been issued a Business Licence for an Ice Cream Cart
shall:
a)
not operate in the Uptown;
b)
not operate or permit the operation of an Ice Cream Cart on Municipal
Property, unless permitted as a condition in the Licence;
c)
not operate an Ice Cream Cart in contravention of the Highway Traffic Act
or the Traffic By-law;
d)
not operate an Ice Cream Cart in a manner that interferes with the normal
use of a sidewalk by pedestrians;
e)
stop for longer than 10 minutes at one location;
f)
not Sell within 30 metres of an intersection;
g)
not Sell within three hundred (300) feet of the customers' entrance to an
Eating Establishment;
h)
not Sell within twenty (20) feet of the entrance to any building or within fifty
(50) feet of a bus stop;
Business Licensing By-law 50-24
45
i)
not Sell within 100 metres of any land occupied by a school on a school
day between the hours of 8:00 AM and 4:00 PM unless with the written
consent of the school;
j)
not ring bells, or chimes or make any other recognizable sounds at any
one location for more than twenty (20) seconds;
k)
not operate or permit to be operated an Ice Cream Cart unless the Ice
Cream Cart is in good state of repair.
I)
maintain and keep in force General Liability Insurance;
m)
ensure that a garbage receptacle is placed on the Ice Cream Cart and is
collected and disposed of in a proper and sanitary manner;
n)
wear clean clothes, be clean and neat in appearance and have clean
hands;
o)
only operate an Ice Cream Cart between the hours of 10:00 AM and 9:00
PM.
Business Licensing By-law 50-24
46
APPENDIX H
ICE CREAM VEHICLE
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Business Licence for an Ice Cream Vehicle, or for a
renewal thereof, shall be accompanied by:
a)
proof of an inspection of the Ice Cream Vehicle conducted by the Fire
Chief dated within thirty (30) days of the Application for Licence or renewal
thereof;
b)
proof of an inspection of the Ice Cream Vehicle conducted by the Windsor-
Essex County Health Unit dated within thirty (30) days of the Application
for Business Licence or renewal thereof;
c)
a copy of ownership for the Ice Cream Vehicle;
e)
vehicle identification number and the Ontario licence plate number as
issued by the Ministry of Transportation for each Vehicle;
f)
a photo of the Ice Cream Vehicle and a description of its type;
g)
a list of the types of Food to be provided for Sale;
h)
Certificate of Automobile Insurance for the Vehicle;
i)
Certificate of Insurance;
j)
list of employees employed by the Licensee;
k)
Vulnerable Sector Check for the Applicant and each Employee employed
by the Applicant;
I)
a copy of a valid Food Handler Certification Card for at least one (1)
Employee supervising the preparation, processing, packaging, service or
storage of food; and
m)
the location where the Ice Cream Vehicle will be parked or stored when
not in use.
Business Licensing By-law 50-24
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Regulations
2.
Every Person who has been issued a Business Licence for an Ice Cream Vehicle
shall:
a)
not operate or permit the operation of an Ice Cream Vehicle on Municipal
Property unless authorized by the Issuer of Licences;
b)
not operate an Ice Cream Vehicle on Private Property unless written
permission is provided by the owner of the property where the Ice Cream
Vehicle will be operated;
c)
not operate an Ice Cream Vehicle in a manner that interferes with the
normal flow of traffic;
d)
not revisit the same area in the same two hour period;
e)
not stop for longer than ten (10) minutes at one location;
f)
not Sell within thirty (30) metres of an intersection;
g)
not Sell within one hundred (100) metres of any land occupied by a school
on a school day between the hours of 10:00 AM and 4:00 PM, unless with
the written consent of the school;
h)
not ring bells, or chimes or make any other recognizable sounds at any
one location for more than twenty seconds;
i)
only operate an Ice Cream Vehicle between the hours of 10:00 AM and
9:00 PM;
j)
not operate or permit to be operated an Ice Cream Vehicle unless the Ice
Cream Vehicle is in good state of repair;
k)
maintain and keep in force Automobile Insurance for each Vehicle to be
used;
I)
maintain and keep in force General Liability Insurance;
n)
not operate an Ice Cream Vehicle in contravention of the Highway Traffic
Act or the Traffic By-law;
o)
not operate an Ice Cream Vehicle within three hundred (300) feet of:
i.
the customers' entrance to an Eating Establishment, or
Business Licensing By-law 50-24
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ii.
the customers' entrance to a place where similar Foods are offered
for sale;
p)
ensure that any sign or advertising device is in accordance with the Sign
By-law;
q)
ensure that a garbage receptacle is placed outside of the Ice Cream
Vehicle and is collected and disposed of in a proper and sanitary manner;
r)
park or store the Ice Cream Vehicle at the location identified in the
Application; and
s)
ensure that there is at all times, when operating, at least one (1) Employee
that has obtained the Food Handler Certification Card.
Business Licensing By-law 50-24
49
APPENDIX I
LUXURY VEHICLE SERVICE
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Business Licence for a Luxury Vehicle Service, or for a
renewal thereof, shall be accompanied by:
a)
a list of Employees employed by the Licensee;
b)
proof satisfactory to the Issuer of Licences that the Applicant and all
Employees hold a valid Class "G" Driver's Licence issued by the Province
of Ontario according to the records of the Ministry of Transportation;
c)
a copy of the current passenger motor vehicle permit (ownership) issued
in the Applicant's name for all Vehicles;
d)
an original current Safety Standards Certificate dated no more than thirty
(30) days prior to the submission of the Application for all Vehicles;
e)
a copy of any work order or other documentation issued in the processing
or granting of the Safety Standards Certificate; and
f)
Certificate of Automobile Insurance for each Vehicle.
Regulations
2.
Every Person who has been issued a Business Licence for a Luxury Vehicle
Service shall:
a)
keep and maintain a Business Premises and any additional location within
the geographical boundaries in the Municipality that is open and
accessible to the public and that is in compliance within the
Comprehensive Zoning By-law; the Building Code; the FPPA and the
Property Standards By-law, and establish and maintain parking spaces,
the size of which shall be in accordance with the Comprehensive Zoning
By-law and the location of which shall be in accordance with a site plan
approved by the Municipality; the number of which shall be sufficient to
accommodate every Vehicle owned by the licence holder and the
Employees of the Licensee; the location of which shall be at the Business
Premises or additional location; and in no case located on municipally
owned lands or highways;
Business Licensing By-law 50-24
50
b)
maintain and keep in force a policy of Automobile Insurance in respect of
each Vehicle; and
c)
maintain the Vehicle in a neat and clean condition.
d)
Vehicles shall not have a roof sign or markings indicating it is or is similar
to a Taxicab.
Business Licensing By-law 50-24
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APPENDIXJ
PAWNBROKER
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Pawnbroker Business Licence, or for a renewal thereof,
shall be accompanied by:
a)
Certificate of Insurance; and
b)
security in a form satisfactory to the Issuer of Licences, in the sum of
$2,000.00 as required by the Pawnbrokers Act, R.S.O. 1990, c. P.6, as
amended.
Regulations
2.
Every Person who has been issued a Business Licence for a Pawnbroker shall:
a)
maintain and keep in force General Liability Insurance; and
Business Licensing By-law 50-24
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APPENDIX K
SALESPERSON - DAY SALES (3 day limit)
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Sales Person - Day Sales Business Licence, or for a
renewal thereof, shall be accompanied by:
a)
written authorization from the registered owner of the Private Property on
which the Sales Person - Day Sales will operate;
b)
proof of an inspection conducted by the Windsor-Essex County Health
Unit dated within thirty (30) days of the Application for Business Licence
approving the sale of Foods, if applicable;
c)
a description of the goods, wares or merchandise to be sold or offered for
sale under the Business Licence; and
d)
where Day Sales occur outside of a permanent structure, the Licensee
shall provide the Issuer of Licences with a sketch depicting the exact
location of where the Day Sales will occur on the property at the time of
application for the Licence.
Regulations
2.
Every Person who has been issued a Business Licence for a Salesperson - Day
Sales shall:
a)
not hawk, peddle or sell any goods, wares or merchandise in any manner
as to impede or confine vehicular or pedestrian traffic;
b)
not hawk, peddle or sell any goods, wares or merchandise in any location
that is within six (6) meters of any driveway, curb, entranceway or exit
point, or within fifteen (15) meters of any intersection; and
c)
operate only in the exact location approved on the Business Licence.
Business Licensing By-law 50-24
53
APPENDIX L
SALESPERSON - DOOR TO DOOR SALES (3 day limit)
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Sales Person - Door to Door Sales Business Licence, or
for a renewal thereof, shall be accompanied by:
a)
Vulnerable Sector Check for each Employee conducting Door-to-Door
Sales;
b)
a list of Employees conducting Door to Door Sales; and
c)
a list and full description of the goods, wares or merchandise to be sold or
offered for sale under the Business Licence.
Regulations
2.
Every Person who has been issued a Business Licence for a Salesperson - Door
to Door Sales shall:
a)
not conduct Door to Door Sales between the hours of 8:00 PM and 8:00
AM.
Business Licensing By-law 50-24
54
APPENDIX M
TRANSPORTATION COMPANY
Application - Accompanying Documents
1.
In addition to the requirements as set out in Sections 22 and 23 of this By-law,
every Application for a Transportation Company Business Licence, or for a
renewal thereof, shall be accompanied by:
a) a list of Employees employed by the Licensee;
b) proof satisfactory to the Issuer of Licences that the Applicant and all
Employees hold a valid Class "G" Driver's Licence issued by the Province of
Ontario according to the records of the Ministry of Transportation, and in the
case of drivers of vehicles with eleven (11) or more passengers, but not more
than twenty four (24) passengers, a valid Class "F" Driver's Licence issued by
the Province of Ontario according to the records of the Ministry of
Transportation;
c) a copy of the current passenger motor vehicle permit (ownership) issued in
the Applicant's name for all Transportation Vehicles;
d) an original current Safety Standards Certificate dated no more than thirty (30)
days prior to the submission of the Application for all Transportation Vehicles;
e) a copy o any work order or other documentation issued in the processing or
granting of the Safety Standards Certificate; and
f) a Certificate of Automobile Insurance for each Transportation Vehicle.
Regulations
2.
Every Person who has been issued a Business Licence for a Transportation
Company shall:
a) keep and maintain a Business Premises and any additional location within the
geographical boundaries in the Municipality that is open and accessible to the
public and that is in compliance within the Comprehensive Zoning By-law; the
Building Code; the FPPA and the Property Standards By-law, and establish
and maintain parking spaces, the size of which shall be in accordance with
the Comprehensive Zoning By-law and the location of which shall be in
accordance with a site plan approved by the Municipality; the number of
which shall be sufficient to accommodate every Transportation Vehicle owned
by the licence holder and the Employees of the Licensee; the location of
Business Licensing By-law 50-24
55
which shall be at the Business Premises or additional location; and in no case
located on municipally owned lands or highways;
b) identify the vehicle as a Transportation Vehicle together with individual serial
numbering on each vehicle;
c) ensure that the Transportation Vehicle is being operated in accordance with
the terms of the Transportation Agreement;
d) ensure that the operator of the Transportation Vehicle has in his or her
possession a copy of the Transportation Agreement during any period of
operation;
e) maintain and keep in force a policy of Automobile Insurance in respect of
each Transportation Vehicle; and
f)
maintain the Transportation Vehicle in a neat and clean condition.
3.
No Person,
a) being the holder of a Business Licence for a Transportation Company, shall
permit another person to operate a Transportation Vehicle, except where:
i.
the operation of the Transportation Vehicle is in accordance with
the terms of a Transportation Agreement, a copy of which together
with proof of compliance are in the possession of the operator and
both of which are provided by the operator for inspection when
required by an Officer;
b) shall offer, arrange or offer to arrange the transportation of passengers in a
Transportation Vehicle, except where,
i.
the operation of the Transportation Vehicle is in accordance with the
terms of a Transportation Agreement, a copy of which together with
proof of compliance are in the possession of the operator and both of
which are provided by the operator for inspection when required by an
Officer;
ii. the operation of the Transportation Vehicle is as part of a public bus
transportation system operated by or authorized by the Municipality;
iii. the operation of the Transportation Vehicle is authorized on behalf of a
school or school board as defined by the Education Act, R.S.O. 1990,
C. E.2;
Business Licensing By-law 50-24
56
iv. the operation of the Transportation vehicle is as a public vehicle as
defined by the Public Vehicle Act and in accordance with the operating
licence issued thereunder; or
v. the operation of the Transportation Vehicle is for the purpose of
transporting only passengers with mobility disabilities.
c) shall operate, permit to be operated, offer, arrange or offer to arrange the
transport of passengers in a Transportation Vehicle which is not subject to a
Business License for a Transportation Company, except where,
1.
the operation of the Transportation Vehicle is part of a public bus
transportation system operated by or authorized by the Municipality;
ii. the operation of the Transportation Vehicle is authorized on behalf of a
school or school board as defined by the Education Act, R.S.O. 1990,
C. E.2;
iii. the operation of the Transportation Vehicle is as a public vehicle as
defined by the Public Vehicles Act and in accordance with the
operating licence issued thereunder; or
iv. the operation of the Transportation Vehicle is for the purpose of
transporting only passengers with mobility disabilities.
4. No Person,
a) shall operate a Transportation Vehicle;
b) being the Owner of a Transportation Vehicle, permit another Person to operate a
Transportation Vehicle; or
c) arrange or offer to arrange the transportation of passengers in a Transportation
Vehicle,
d) purporting to do so in accordance with a Transportation Agreement unless that
Transportation Agreement has been delivered to and approved by the Issuer of
Licences.
Business Licensing By-law 50-24
57
Automobile Insurance
SCHEDULE 2
INSURANCE
1.
Automobile Insurance shall shall be underwritten by an insurer licensed to
conduct business in the province of Ontario and shall include the following:
a)
Standard OAP 1 Automobile policies of insurance which include a limit of
liability in the minimum amount of $2,000,000.00 per accident exclusive of
interest and costs, which includes loss or damage resulting from bodily
injury to or death of one or more persons or from loss or damage to
property resulting from any one accident; and
b)
any standard OPCF endorsements required by the Issuer of Licences.
Certificate of Automobile Insurance
2.
The Certificate of Automobile Insurance shall confirm the policy of Automobile
Insurance, including the details of the Vehicle covered and state that coverage
will not be suspended, voided, cancelled, or reduced or in limits except after thirty
(30) days (ten (10) days if cancellation is due to non-payment of premium) of
prior written notice being delivered to the Municipality.
General Liability Insurance
3.
General Liability Insurance shall be underwritten by an insurer licensed to
conduct business in the province of Ontario and include the following provisions:
a)
a limit of liability in the minimum amount of $2 million per occurrence which
coverage shall include but not be limited to bodily injury including death,
personal injury and property damage;
b)
a provision for cross liability in respect of the named insured.
Certificate of Insurance
4.
The Certificate of Insurance shall confirm the policy of General Liability Insurance
and state that coverage will not be suspended, voided, cancelled, or reduced or
in limits except after thirty (30) days (ten (10) days if cancellation is due to non-
payment of premium) of prior written notice being delivered to the Municipality.
Business Licensing By-law 50-24
58
SCHEDULE 3
MAP - UPTOWN BOUNDARIES
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Business Licensing By-law 50-24
CLARK STE
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