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CITY OF MARKHAM
ONTARIO
BY-LAW 2018-90
Licensing and Regulation Stationary Businesses
This By-law is printed under and
by authority of the Council of
the City of Markham
(Consolidated for convenience only
to June 2022)
(Schedule/Attachment Included)
Amended by:
By-Law 2022-21 - June 24, 2022
By-law 2018-90
Page 2
By-law 2018-90
A By-law to provide for the Licensing and Regulation
Stationary Businesses and to Repeal By-law 2012-158
WHEREAS Section 151 of the Municipal Act, 2001 S.O. 2001, c.25, 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,
WHEREAS Council wishes to exercise its powers over businesses, the Persons
carrying on or involved in the operation of the businesses including the powers to
impose conditions on the obtaining, holding or renewing of licences and for the
suspension, denial and revocation of Licences; and,
WHEREAS the regulation of the businesses and the requirement for a Licence and
the imposition of conditions will aid in the administration and enforcement of this
By-law and other laws, so as to identify and qualify the Persons responsible for the
operation of the business, identify the location of businesses, the regulation and
inspection of equipment, vehicles, Premises and other property used to carry on
business, and allow for the protection of Persons dealing with or affected by such
Businesses and Persons;
NOW THEREFORE the Council of The Corporation of the City ENACTS the
following:
1.
DEFINITIONS AND INTERPRETATION
"Additional Fee" means a fee, in addition to the Licence fee, imposed by the
municipality on a Business at any time during the term of the Licence for
cost incurred by the municipality attributable to the activities of the Business;
"Applicant" means a Person applying for a Licence or renewal of a Licence
thereof under this By-law;
"Appellant" means a Licensee that is appealing a decision of the Licensing
Officer under the provisions of this By-law;
"Business" has the same meaning as provided for in Section 150 of the
Municipal Act, 2001;
"City" means The Corporation of the City of Markham;
"Clerk" means the Clerk of the City or his/her duly appointed Deputy;
"Conditions" includes special Conditions which are imposed upon a
Business in a class that have not been imposed on all of the Businesses in
that class, as a requirement of obtaining, continuing to hold or renewing a
Licence;
"Corporation" means a body incorporated, authorized or recognized in law
to act as a single entity or person;
By-law 2018-90
Page 3
"Council" means the Council for The Corporation of the City;
"Hearing" includes a Hearing or an opportunity given for a Hearing, where
an Applicant or Licensee may show cause why the Licence should be
granted, or not refused, revoked or suspended, with or without Conditions;
"Hearing" or "Appeal Hearing" means a proceeding held in person, by
conference telephone, or by some other City-approved form of
communication using Electronic Technology Devices allowing persons to
communicate with one another and in accordance with the process set out in
Section 15 of this By-law;
(Amended by By-law 2022-21)
"Hearing Non-appearance Fee" means an Administrative Fee established
by Council from time to time in respect of a Person's failure to appear at the
time and place scheduled for a review before a Hearing Officer;
"Hearing Officer" "Hearing Officer" means a person duly appointed to
conduct Hearings under By-law 2022-15, as amended;
(Amended by By-law 2022-21)
"Individual" means a Person and does not include a Corporation,
partnership or association;
"Licences" means the certificate issued by the Licensing Officer under this
By-law;
"License Appeal Fee" means the fee payable to the City prior to a Hearing
before the License Appeal Committee;
"Licensee" means any person licensed under this By-law;
"Licensing Officer" means the supervisor within the Legislative Services
Department and includes his or her designates;
"Licensing Section" means the Licensing Unit within the Legislative
Services Department;
"Medical Officer of Health" means the Medical Officer of Health for the
York Regional Health Unit as defined in the Health Protection and
Promotion Act and the regulations enacted there under or his designate;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25, as
amended and any regulations there under;
"Municipal Law Enforcement Officer" means an employee of the City that
is appointed by By-law to enforce the provisions of the City's By-laws;
"Operator" means the Person directly or indirectly responsible for the
operation of a Business licensed or required to be licensed under this By-law;
"Owner" means any Person licensed are required to licensed under this By-
law;
"Person" includes a Corporation and its directors and officers, and the heirs,
executors, assignees and administrators or the other legal representatives of
an Individual and their respective successors and assignees;
"Premises" means any Premises licensed or required to be licensed under
this By-law and includes any trade or calling required to be so licensed;
By-law 2018-90
Page 4
"Products" include goods, wares, crafts, jewellery, refreshments, foodstuffs,
merchandise or any other items whatsoever;
"Retail" or "Retail Sale" means the sale of Products or goods to the
ultimate consumer, usually in small quantities, in the ordinary course of
Business;
"Schedule" means one or all the Schedules attached to this By-law;
"Secretary" means the Secretary of the Licence Appeal Committee;
"Sell" means to Sell for Retail, offer for Retail sale, display, and place or
expose any Products for Retail sale;
"Operate" includes managing, supervising or otherwise be responsible for the
control, management or supervision of a Business;
"Treasurer" means the Treasurer of the City.
2.
ADMINISTRATION AND ENFORCEMENT
2.1
In this By-law and attached Schedules, unless the context otherwise requires,
words imparting the singular number shall include the plural, and words
imparting the masculine gender shall include the feminine and further, the
converse of the foregoing also applies where the context requires.
2.2
Subject to the terms of this or other By-laws, or the directions of Council:
(a)
The administration of this By-law shall be by the staff of
Licensing Section, Legislative Services Department in the
Corporate Services Commission of the City;
(b)
The enforcement of this By-law shall be by Persons appointed by
Council for the purpose of enforcing the provisions of this By-law,
which shall include the following:
i) Municipal Law Enforcement Officers; and
ii) any duly appointed police officer.
3.
SCHEDULES
The following Schedules form part of this By-law:
NUMBER
SCHEDULE
SCHEDULE 1
Term, Issue, Expiry, and Prorating of Licences
SCHEDULE 2
Adult Entertainment Parlour (Services)
SCHEDULE 3
Adult Entertainment Parlours (Goods)
SCHEDULE 4
Places of Amusement (Carnivals)
SCHEDULE 5
Places of Amusement (Arcades)
SCHEDULE 6
Auctioneers
SCHEDULE 7
Personal Service Establishments
SCHEDULE 8
Billiards, Bagatelle Establishments &Bowling Alleys
SCHEDULE 9
Body Rub Parlours
SCHEDULE 10
Clothing Donation Bins
SCHEDULE 11
Driveway Paving Contractors
SCHEDULE 12
Dry Cleaning Depots
By-law 2018-90
Page 5
SCHEDULE 13
Eating Establishments
SCHEDULE 14
Fireworks (Sale)
SCHEDULE 15
Garages
SCHEDULE 16
Golf Driving Ranges
SCHEDULE 17
Horse Riding Establishments
SCHEDULE 18
Public Halls
SCHEDULE 19
Salvage Shops and Salvage Yards
SCHEDULE 20
Second Hand Dealers and Goods
SCHEDULE 21
Sign Installers (Mobile)
SCHEDULE 22
Special Sales
SCHEDULE 23
Temporary Vendors
SCHEDULE 24
Tobacco Shops
SCHEDULE 25
Pet Stores
4.
LICENCE REQUIREMENT
4.1
The following Persons must be in possession of a Licence authorizing them
to carry on their Business in the City, and shall pay to the City upon
application for, or renewing the Licence the required fee.
a)
every person who owns or operates an Adult Entertainment Parlour
(Services);
b) every person who owns or operates an Adult Entertainment Parlour
(Goods);
c)
every Adult Entertainment Attendant;
d) every person who owns or operates a Place of Amusement (Carnival);
e)
every person who owns or operates a Place of Amusement (Arcade);
f)
every person who owns or operates a Personal Services Establishment;
g) every person who owns or operates a Billiards Establishment;
h) every person who owns or operates a Bowling Alley;
i)
every person who owns or operates a Body Rub Parlour;
j)
every Body Rub Parlour Attendant;
k) every person who owns or operates a Charity Clothing Bin
l)
every person who owns or operates as a Driveway Paving Company;
m) every person who owns or operates a Dry Cleaning Depot;
n) every person who owns or operates an Eating Establishment;
o) every person who owns or operates a place where Foodstuffs are sold;
p) every person who sells Fireworks;
q) every person who owns or operates a Public Garage;
r)
every person who owns or operates a Horse Riding Establishment;
s)
every person who owns or operates a Public Hall;
t)
every person who owns or operates a Salvage Shop or Yard;
u) every person who owns or operates a Second Hand Shop;
v) every person who conducts a Special Sale;
w) every person who installs Mobile Signs;
x) every Temporary Vendor;
y) every person who sells tobacco; and,
z)
every person who owns or operates a Pet Store.
4.2
No Person shall carry on, Operate or engage in a Business referred to in
Section 5 unless a current and valid Licence has been issued in their name by
the City under this By-law.
5.
COMPLIANCE WITH SCHEDULES
By-law 2018-90
Page 6
5.1
No Person shall fail to comply with any regulation contained in the Schedules
attached to this By-law that regulates the Business that they are licensed to
carry on under this By-law.
5.2
Where a provision in a Schedule of this By-law requiring additional documents
or inspections, the provision in the Schedule shall prevail.
6.
REPRESENTATION OF LICENSING
6.1
No Person shall hold himself out to be licensed if he is not.
By-law 2018-90
Page 7
7.
DUTIES OF THE LICENSING OFFICER
7.1
The duties of the Licensing Officer include:
(a)
receiving and processing all applications for licences and renewals of
Licences;
(b)
ensuring that applications are complete and signed by the Applicant, or
where the application is from a partnership or Corporation respectively,
signed by a partner or the president or other authorized signing officer of
the Corporation;
(c)
ensuring that the Applicant has paid the fees required for the term of the
Licence, prior to processing the application;
(d)
imposing 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;
(e)
imposing special Conditions as a requirement of continuing to hold a
Licence at any time during the term of the Licence where the
Licensing Officer is of the opinion that a term or condition of a
Licence should be imposed;
(f)
refusing to issue or renew a Licence, or revoke or suspend a Licence
where the Licensing Officer is of the opinion that the Applicant is
not entitled to a Licence under Section 16.1;
(g)
the maintenance and retention of all applications received and licences
issued as provided for by the City Record Retention By-law and
policies;
(h)
the prohibition of the carrying on or engaging in a Business without a
required Licence;
(i)
generally performing all the administrative functions conferred upon
the Officer by this By-law and the attached Schedules; and
(j)
co-ordination and direction of the enforcement of this By-law and
schedules.
8.
GENERAL LICENSING APPLICATION REQUIREMENTS
8.1
Every Applicant for a Licence and for the renewal of a Licence issued under
this By-law shall:
(a)
submit a completed application for a Licence or the renewal of a
Licence on the forms provided;
(b)
where the Applicant is an Individual or a partner of a partnership,
file proof satisfactory to the Licensing Officer that they are eighteen
(18) years of age or older, a citizen of Canada or a landed immigrant
or produce a valid work permit issued by the Government of Canada;
to work in the occupation of the Licence type that they are applying
for:
(c)
submit to the taking of photographs, for the production of "Photo
Identification" Licences for general identification purposes where
required;
By-law 2018-90
Page 8
(d)
if the Applicant is a Corporation, file a copy of the incorporating
document and a copy of the last annual information return which has
been filed with the appropriate government department;
(e)
if the Applicant is a registered partnership, file a copy of the
registered declaration of partnership;
(f)
any other document relating to the operation of the Business
requested by the Licensing Officer including but not limited to
Provincial Driver`s License statutory declarations, Vulnerable Sector
Screening Search and Criminal Conviction Background Search issued
by the Police Service in which the Applicant resides, Harmonized
Sales Tax number, proof of citizenship or landed immigrant status;
York Regional Health Department Inspection Certificate, Insurance
Certificates, medical certificates, letters of employment;
(g)
pay the required fee in the Licensing, Permit and Service Fees By-
law;
(h)
pay any Additional Fee imposed under the Licensing, Permit and
Service Fees By-law; and
(i)
pay any outstanding fine owed to the City.
9.
ZONING BY-LAW COMPLIANCE
9.1
No Licence shall be issued contrary to the provisions of any City Zoning By-
law.
10.
APPLICATION FORMS RETURNED
10.1
Where an Applicant fails to comply with any requirements of Section 8, or
instructions in that regard, or where no licences are available to be issued the
application shall be returned and not processed further.
10.2
Where the application is refused under Section 8 the Applicant may be advised
personally if present and the application returned, or may be advised by letter
sent by regular or electronic mail or facsimile to the Applicant's Business or
electronic address as disclosed by the application, or previous last known
address, if any.
11.
ISSUE OF LICENCE OR RENEWAL OF LICENCE
11.1
When an application for a Licence or for a renewal of a Licence is in
accordance with, and meets all the requirements of this By-law, the
Licensing Officer shall issue a Licence.
11.2
Unless provided otherwise, a Person, who is the Owner of more than one
Business location, shall obtain a separate Licence for each location which is
to be operated as a part of a Business licensed under this By-law.
11.3
Except where electronic internet applications for new Licences and renewals
are accepted by the Licensing Officer, or where renewals applications are
accepted through postal or other methods, all applications for a Licence or
renewal of a Licence shall be made by:
(a)
The Applicant, as sole proprietor of the Business, personally to the
Licensing Section;
By-law 2018-90
Page 9
(b)
If a Corporation, by an officer or director of the Corporation, to the
Licensing Section; or
(c)
If a Partnership, by one of the partners, to the Licensing Section.
12.
TIME FOR RENEWAL
12.1
An application for renewal of a Licence shall be delivered to the Licensing
Section on or before the expiry date. An expired Licence may be renewed
without being subject to any new application requirements within one year of
the Licence expiry date providing all Licence fees, including late fees, and
charges are paid in full and where all required documentation is submitted.
12.2
When an application for renewal of a Licence is delivered to the Licensing
Section any time after one year after the expiry date of the Licence, the
Applicant shall complete an application as a new Applicant.
13.
TERM OF LICENCE
13.1
Every Licence expires on the expiry date as set out in Schedule 1 to this By-
law.
14.
LICENCE NOT TRANSFERABLE
14.1
No Licence issued under this By-law is transferable except as specifically
provided for within the attached Schedules.
15.
GROUNDS FOR REFUSAL TO ISSUE OR TO RENEW A LICENCE
15.1
An Applicant, whose application meets all the requirements of this By-law
and its Schedules is entitled to a Licence, or renewal of a Licence, except
where:
(a)
there are reasonable grounds to believe that any application or other
document provided contains a false statement or provides false
information;
(b)
the past or present conduct of the Applicant, or of any partner, or
any director, or officer of a Corporation, affords reasonable cause to
believe that the Applicant, partner, or officer will not carry on the
activity for which the Licence is to be issued, or to continue to be
licensed in accordance with the law, or with honesty and integrity;
(c)
the financial position of the Applicant affords reasonable grounds to
believe that the activity for which the Business is to be licensed or to
continue to be licensed, will not be carried on in a financially
responsible manner;
(d)
the issuance of the Licence or renewal of the Licence would be
contrary to the public interest;
(e)
the Applicant has failed to pay a fine or fines imposed by a court as
a sentence arising from convictions for breach of a By-law enacted
by the City;
(f)
the fee payable in respect of the Licence applied for has not been
paid;
By-law 2018-90
Page 10
(g)
a complaint which, in the opinion of the Licensing Officer, is not
frivolous or vexatious, has been received about the holder of a
Licence relating to the operation of their Business;
(h)
the Applicant for a renewal of a Licence produces a "Certificate of
Attendance" and a licence was issued with an attached condition
and the Licensee failed to comply with the attached condition;
(i)
the Licensee is carrying on activities that are, or would be in
contravention of the By-law and, or Schedules;
(j)
the Licensee fails to comply with any requirement in the By-law
and, or Schedules to obtain or maintain or renew a Licence under
this By-law; and
(k)
any Additional Fee imposed on a Licence remains unpaid after the
due date as indicated in the "Notice of Additional Fee".
16.
THE LICENSING OFFICER'S POWER TO REFUSE TO ISSUE OR
RENEW A LICENCE OR CANCEL, REVOKE OR SUSPEND OR TO
ATTACH CONDITIONS TO A LICENCE
16.1
The administrative power and authority to refuse to issue a Licence, to
cancel, revoke or suspend a Licence, or to impose Conditions on a Licence,
are hereby delegated to the Licensing Officer and his or her delegates,
pursuant to Section 23.2 of the Municipal Act, 2001, as amended and in
accordance with the appeal provisions and other requirements of this By-law.
16.2
Where the Licensing Officer is of the opinion that:
(a)
an application for a Licence or renewal of a Licence should be
refused; or
(b)
a reinstatement should not be made; or
(c)
a Licence should be revoked; or
(d)
a Licence should be suspended; or
(e)
a Licence should be cancelled; or
(f)
a condition should be imposed,
the Licensing Officer shall make that decision.
17.
WRITTEN DECISION OF THE LICENSING OFFICER
17.1
The Licensing Officer shall provide written notice to the Applicant or
Licensee of the decision with respect to the Licence application, renewal, or
its status.
17.2
State that the Applicant or Licensee is entitled to request a Hearing to be
conducted by the Hearing Officer.
18.
APPEAL OF A DECISION OF THE LICENSING OFFICER
By-law 2018-90
Page 11
18.1
An Applicant or Licensee may appeal the Licensing Officer`s decision to
refuse, cancel, revoke, suspend or to impose any Condition on a Licence to
the Hearing Officer by sending a request for appeal by email, within ten (10)
days of the written notice.
(Amended by By-law 2022-21)
19.
APPEAL ACTS AS A STAY OF DECISION WITH THE EXCEPTION
OF A NEW LICENCE REFUSAL
19.1 Where a decision by the Licensing Officer is appealed to the Hearing
Officer, the decision shall not take effect until the final decision of the
Hearing Officer, except in the case of a decision by the Licensing Officer to
refuse a licence application which shall take effect immediately and remain in
effect unless and until a licence has been duly issued.
(Amended by By-law 2022-21)
20.
CONFIRMATION OF A DECISION
20.1
A decision of the Licensing Officer that is not appealed within the time
frame referred to in Section 18.1 shall be deemed to be confirmed.
21.
LICENCE APPEAL HEARING
21.1
The provisions of the Statuary Powers Procedure Act, R.S.O. 1990, c.S.22, as
amended, apply to all appeal Hearings by the Hearing Officer under this By-
Law.
(Amended by By-law 2022-21)
21.2
The Hearing Officer has the powers hold hearings concerning appeals of
decisions made by the Licensing Officer.
(Section 21.3 and 21.4 was repealed and numbering adjusted
accordingly by By-Law 2022-21)
21.3
The Hearing Officer shall hear the parties to a Hearing or afford the parties
an opportunity to be heard, and make decisions from Hearings in an
accessible, transparent and timely manner with due process in accordance
with this By-law
(Amended by By-law 2022-21)
(a)
The parties to a Hearing before the Hearing Officer shall include the
Appellant, the City and such other persons as the Hearing Officer may
determine.
(Section 21.6 was repealed and numbering adjusted accordingly by
By-Law 2022-21)
21.4
There shall be a Secretary to the Hearing Officer, who shall attend all
meetings of the Hearing Officer and shall keep all necessary records and
perform such other duties required by the Hearing Officer.
(Amended by By-law 2022-21)
21.5
The Secretary shall arrange the sittings of the Hearing Officer.
(a)
The Secretary shall provide written notice of Hearings before the
Hearing Officer no less than fourteen (14) days prior to the
commencement of a Hearing.
By-law 2018-90
Page 12
21.6
21.7
21.8
21.9
22.
DISCLOSURE OF DOCUMENTS AND THINGS
22.1
Not less than seven (7) days before the commencement of the Hearing or, as
otherwise ordered by the Hearing Officer, the appellant shall be provided with
full disclosure of every document or thing that the City intends to refer to, or
give in evidence at the Hearing.
(Amended by By-law 2022-21)
23.
FAILURE TO ATTEND HEARING
23.1
Where the Hearing Officer is satisfied that an Appellant has been given
written notice of a hearing in accordance with this By-law, but the Appellant
or duly appointed representative does not attend at the appointed time and
place, the Hearing Officer may:
(a)
proceed with the Hearing in the Appellant`s absence, in which case
the Appellant shall not be entitled to any further notice of the
proceedings; or
(b)
dismiss the appeal
(c)
require the Appellant pay the City a Hearing Non-appearance Fee
pursuant to By-Law 2022-15, Schedule "A"
(Amended by By-law 2022-21)
(Section
21.9
was repealed and numbering adjusted accordingly by
By-Law 2022-21)
The
oral
evidence
given
before
the
Hearing
Officer
at
a
Hearing
shall
be
recorded
in such manner as the
Hearing Officer
may determine.
(Amended by By-law 2022-21)
The
Hearing
Officer
may
dismiss
a
proceeding
without
a
Hearing
if
the
proceeding is frivolous, vexatious or is commenced in bad faith.
(Amended by By-law 2022-21)
Where
the
Hearing
Officer
dismisses
an
appeal
without
a
full
hearing,
the
appeal fee is non-refundable.
(Amended by By-law 2022-21)
The
provisions
of
Sections
5
to
15
and
21
to
24
of
the
Statutory
Powers Procedure Act
R.S.O. 1990, c.S.22, as amended, shall apply to all
Hearings conducted by the Hearing Officer
Licence Appeal Committee
under
this
By-law.
By-law 2018-90
Page 13
24.
COSTS
(Section 24 was repealed by By-Law 2022-21)
25.
WRITTEN DECISION
25.1
At the conclusion of a Hearing, the Hearing Officer may give their decision
orally or reserve its decision, but in any case shall provide its decision in
writing, with reasons, within fourteen (14) days of the Hearing to the
Appellant and the City.
(Amended by By-law 2022-21)
26.
POWERS OF THE HEARING OFFICER
26.1
On an appeal, the Hearing Officer has all the powers and functions of the
Licensing Officer who made the decision and may make any decision that the
Licensing Officer was entitled to make in the first instance, and the Hearing
Officer may do any of the following things if, in its opinion, doing so would
maintain the general intent and purpose of the By-law:
(a)
modify, rescind or confirm a decision or any condition; or,
(b)
extend time for complying with a decision or any condition.
(Amended by By-law 2022-21)
26.2
The Hearing Officer, after a Hearing, may consider:
(a)
a breach of the provisions of this By-law;
(b)
anything which may be in any way adverse to the public interest;
(c)
the belief that the Person will not carry on, or engage in the Business in
accordance with applicable law, or with honesty and integrity;
(d)
if any Person has made a false statement in the application for the
Licence or a renewal thereof; and
(e)
any other matter which the Hearing Officer is authorized by law to
consider.
(Amended by By-law 2022-21)
26.3
The Hearing Officer shall send a copy of its final decision or order,
including any reasons, to each party to a Hearing, or to the Person who
represented the party by:
(a) regular mail;
(b) electronic mail, transmission of a facsimile; or
(c) such other method that the Committee specifies.
(Amended by By-law 2022-21)
27.
EFFECT OF DECISION
27.1
A decision that has been confirmed, modified or rescinded by the Hearing
Officer, as the case may be, shall be final and binding upon the Appellant
who shall comply with the decision within the time specified and in the
manner specified in the decision where applicable.
(Amended by By-law 2022-21)
By-law 2018-90
Page 14
28.
ADDITIONAL FEES ON A LICENCE
28.1
Notwithstanding any other provisions of the By-law, the Licensing Officer
may impose Additional Fees on a Licence, by way of a "Notice of
Additional Fee" at any time during the term of the Licence for costs incurred
by the municipality attributable to the activities of the Business.
28.2
The "Notice of Additional Fee shall be sent to the Licensee by registered
mail and shall provide the Licensee with sixty (60) days from the date of the
"Notice of Additional Fee is deemed to have been made to pay the
outstanding amount.
29.
CANCELLATION OF A LICENCE
29.1
Any Licence issued under this By-law may be cancelled by the Licensing
Officer at any time upon the written request of the Licensee.
30.
RETURN OF THE LICENCE AFTER REVOCATION OR
SUSPENSION
30.1
When a Licence has been revoked, cancelled or suspended, the holder of the
Licence shall return the Licence to the Licensing Section within twenty-four
(24) hours of service of "Written Notice" of the decision of the Licensing
Officer or, where an appeal had been filed, the decision of the Hearing
Officer, and the Licensing Officer may enter the Business premises
belonging to the Licensee for the purpose of receiving, taking, or removing
the said Licence.
(Amended by By-law 2022-21)
30.2
When a Person has his or her Licence revoked or suspended under this By-
law, he or she shall deliver the Licence to the Licensing Officer and in no
way shall obstruct or prevent the Licensing Officer from obtaining the
Licence.
31.
POSTING OF LICENCES
31.1
Every Licensee shall post the in a conspicuous place in the Business premise.
32.
LICENCE PRODUCTION
32.1
Every Licensee shall produce the Licence for the Business for inspection
upon demand by the Licensing Officer or Municipal Law Enforcement
Officer.
33.
NOTIFICATION OF CHANGE OF INFORMATION
33.1
A Licensee shall carry on Business in the City in the name which is set out
on the Licence and shall not carry on Business in the City in any other name
unless he has first notified the Licensing Section.
33.2
When a Licensee changes his name or address or any information relating to
his Licence, he shall notify the Licensing Section within forty-eight (48)
hours of the change, and shall return the Licence immediately to the
Licensing Section for amendment.
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33.3
The Licensee shall report any changes to the following information:
(a)
the names, addresses of officers and directors; or
(b)
the address of the corporate head office; or if a partnership,
(c)
names and addresses of all partners.
34.
SERVICE OF NOTICE OR ORDER
34.1
Any notice or order required to be given or served under this By-law is
sufficiently served if delivered personally or sent registered mail or by
electronic mail or facsimile, addressed to the Person to whom delivery or
service is required to be made, at the last address for service appearing in the
records of the Licensing Section.
34.2
When service is made by registered mail, the service shall be deemed to be
made on the seventh day (7) after the date of mailing, unless the Person on
whom service is being made establishes he did not, through absence,
accident, illness, or other cause beyond his control, receive the notice or order
until a later date.
35.
POWERS OF ENTRY (authorized under Sections 435, 436 and 438 of
the Municipal Act, 2001, as amended S.O. 2006, C. 32, Sched. A,s. 184)
35.1
The City may enter on a lot 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 provisions of this By-law;
(b)
An order issued under this By-law; or
(c)
An order made under section 431 of the Municipal Act, 2001, S.O.
2001, c. 25 as amended.
35.2
Where an inspection is conducted by the City, the Person conducting the
inspection may,
(a)
require the production for inspection of documents or things relevant
to the inspection;
(b) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(c)
require information from any Person concerning a matter related to
the inspection including their name, address, phone number and
identification; and
(d)
alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
35.3
The City may undertake an inspection pursuant to an order issued under
s.438 of the Municipal Act, 2001.
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35.4
The City's power of entry may be exercised by an employee, officer or agent
of the City or by a member of the York Regional Police Service, as well as
by any Person under his or her direction.
35.5
Every Owner licensed under this By-law shall on request of the Officer
produce his Licence issued under this By-law and such other documentation
as is requested upon an inspection under Section 37.2.
36.
ORDERS AND REMEDIAL ACTION (authorized under Sections 444,
and 446 of the Municipal Act, 2001 as amended S.O. 2006, C.32, Sched.
A, s.184)
36.1
If a Person contravenes any of the provisions of this By-law, the City may
issue an order to the Person to discontinue the contravening activity. The
order shall set out the reasonable particulars of the contravention adequate to
identify the contravention and the date by which there must be compliance
with the order. The order may be served in accordance with the service
provisions contained in this By-law.
36.2
If a Person has contravened a provision of this By-law, the City may issue a
work order to the Person who contravened or permitted the contravention of
this By-law, as well as to the Owner of the lot on which the contravention
occurred, to do work to correct the contravention. The order shall set out the
reasonable particulars of the contravention adequate to identify the
contravention, the location of the land on which the contravention occurred,
and the date by which there must be compliance with the order. The order
may also provide that if the Person or Owner fails to correct the
contravention, the City may do the work to correct the contravention at the
expense of the Person and the Owner. The order may be served in
accordance with the service provisions contained in this By-law.
36.3
If the City has issued an order directing or requiring a Person or an Owner
to do a matter or thing to correct a contravention of this By-law, and the
Person or the Owner has failed to correct the contravention, the City may
enter upon the lot between the hours of 9:00 am and 5:00 pm Monday to
Friday to do all work necessary to correct the contravention, and the City
may recover the cost of the doing the matter or thing from the Person
directed or required to do it by action or by adding the costs to the tax roll of
the Owner and collecting them in the same manner as property taxes.
36.4
An order issued under this By-law may be served personally or may be
served by registered mail sent to the last known mailing address of the
Person as indicated on the City's assessment roll. If an order is served on a
Person by regular mail, it shall be deemed to have been served on the Person
on the 5th day after mailing of the order, which deemed service may be
rebutted by the Person proving, on a balance of probabilities, that they did
not receive the order.
36.5
Upon an inspection under Section 37.2, the Licensing Officer or M.L.E.O. or
other Person so authorized is entitled to request and have produced all
relevant Licences and permits and to have access to the invoices, vouchers,
appointment books or like documents of the Person being inspected,
provided such documents are relevant for the purposes of the inspection and
the Person inspecting may remove any of the aforementioned documents for
the purpose of photocopying, provided a receipt is given to the Licensee and
the documents are returned to the Licensee within two (2) Business days of
removal.
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36.6
Every Owner licensed under this By-law shall on request of the Licensing
Officer or M.L.E.O produce his Licence issued under this By-law and such
other documentation as is requested upon an inspection under Section 37.5.
37.
RIGHT OF INSPECTION OF LICENSED PREMISES DUTY TO
PRODUCE
37.1
The Licensing Officer, Municipal Law Enforcement Officer or other
Person so authorized who is performing a duty or exercising a power under
this By-law may at any reasonable time enter upon and inspect the Business
Premises to insure that the provisions of this By-law have been complied
with, and on completion of an inspection shall complete and file a written
report on the inspection.
37.2
Upon an inspection under Section 37.1, the Officer or other Person so
authorized is entitled to request and have produced all relevant Licences and
permits and to have access to the invoices, vouchers, appointment books or
like documents of the Person being inspected, provided such documents are
relevant for the purposes of the inspection and the Person inspecting may
remove any of the aforementioned documents for the purpose of
photocopying, provided a receipt is given to the Licensee and the documents
are returned to the Licensee within two (2) Business days of removal.
38.
OBSTRUCT INSPECTOR
38.1
No Person shall hinder or obstruct, or attempt to hinder or obstruct, the
Licensing Officer, Municipal Law Enforcement Officer or other Person
so authorized who is performing a duty or exercising a power under this By-
law pursuant to Section 426 of the Municipal Act, 2001.
39.
PENALTY FOR CONTRAVENTION BY A PERSON
39.1
Every Person who contravenes a provision of this By-law, including an order
issued under this By-law, is guilty of an offence.
39.2
If there is a contravention of any provision of this By-law, and the
contravention has not been corrected, the contravention of the provision shall
be deemed to be a continuing offence for each day or part of a day that the
contravention remains uncorrected.
39.3
If an order has been issued under this By-law, and the order has not been
complied with, the contravention of the order shall be deemed to be a
continuing offence for each day or part of a day that the order is not complied
with.
39.4
Every Person who is guilty of an offence under this By-law shall be subject
to the following penalties:
(a)
Upon a first conviction, to a fine of not less than $300.00 and not
more than $50,000.00;
(b)
Upon a second or subsequent conviction for the same offence, to a
fine of not less than $400.00 and not more than $100,000.00;
(c)
Upon conviction for a continuing offence, to a fine of not less than
$100.00 and not more than $10,000.00 for each day or part of a day
that the offence continues. The total of the daily fines may exceed
$100,000.00.
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39.5
For the purposes of this By-law, "multiple offences" means an offence in
respect of two or more acts or omissions each of which separately constitutes
an offence and is a contravention of the same provision of this By-law.
39.6
For the purposes of this By-law, an offence is a second or subsequent offence
if the act giving rise to the offence occurred after a conviction had been
entered at an earlier date for the same offence.
39.7
Every person who contravenes any provision of this 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, Chapter P.33, as amended.
40.
PENALTY FOR CONTRAVENTION BY A CORPORATION
40.1
Despite Section 42.1, where a Corporation is convicted of an offence under
the provisions of this By-law pursuant to Section 429 (1) of the Municipal
Act, 2001, the Corporation is liable to a fine not less than $300.00 and not
exceeding $100,000.00.
41.
ORDER TO DISCONTINUE ACTIVITY
41.1
Pursuant to the provisions of Section 444 of the Municipal Act, 2001, in
addition to any other remedy and to any penalty imposed, the City may make
an order requiring the Person who contravened the By-law or who caused or
permitted the contravention, or the Owner or occupier of the land on which
the contravention occurred, to discontinue the contravening activity.
41.2
Any Person who contravenes an order issued under Section 45.1 is guilty of
an offence pursuant to Subsection 425 (1) of the Municipal Act, 2001.
42.
STATEMENT OF THE CLERK
42.1
For the purposes of prosecution, under this By-law and pursuant to
Subsection 447 (6) of the Municipal Act, 2001, a statement as to the licensing
or non-licensing of any premise or Person, signed by the Clerk is, without
proof of the office or signature, receivable in evidence as proof, in the
absence of evidence to the contrary, of the facts stated therein.
43.
COURT ORDERS/BARRING OF ENTRY/CLOSING OF PREMISES
43.1
The provisions of Section 447 of the Municipal Act, 2001 respecting the
issuance of court orders, the banning of entry, and the closing of Premises
shall apply to this By-law where required.
44.
COLLECTION OF UNPAID LICENSING FINES
44.1
Where any part of a fine for a contravention of this By-law remains unpaid
after the fine becomes due and payable under Section 66 of the Provincial
Offences Act, R.S.O. 1990, c. P 3, including any extension of time for
payment ordered under that section the City is hereby authorized, pursuant
to Section 441 (2) of the Municipal Act, 2001, to give the Person against
whom the fine was imposed a written notice specifying the amount of the fine
payable and the final date on which it is payable, which shall be not less than
twenty-one (21) days after the date of the notice, by delivering the notice or
By-law 2018-90
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causing it to be delivered to that Person at the Person's residence or place of
Business.
45.
DISTRESS FOR UNPAID FINES
45.1
Pursuant to Subsection 441 (3) of the Municipal Act, 2001, where a fine
remains unpaid after the final date on which it is payable as specified in the
notice, the fine shall be deemed to be unpaid taxes and, pursuant to
Subsection 351 (1) of the Municipal Act, 2001, the Treasurer of the City, or
agent may seize the following to recover the taxes and costs of seizure,
subject to the exemptions provided for in Subsection 351 (3) and (4) of the
Municipal Act, 2001:
(a)
The personal property belonging to or in the possession of the Person
fined.
(b)
The interest of the Person fined in any personal property including
such Person's right to the possession of any personal property under a
contract for purchase or a contract to which the Person fined becomes
the Owner of the property upon performance of any condition.
(c)
The personal property on the land and any interest therein, as
described in Subsection (a) of this Section, of the Owner of the land,
even if the Owner's name does not appear on the tax roll.
(d)
Any personal property on the land, title to which is claimed under any
assignment or transfer made for the purpose of defeating the seizure.
(e)
Subsections 351 (5), (7), (8), (9), (10), (13) and (14) of the Municipal
Act, 2001, apply with necessary modifications to a seizure for an
unpaid licensing fine under this By-law.
46.
LEVY OF FINES UNDER WARRANT
46.1
Despite Section 47.1 of this By-law, the Treasurer or an Officer of the City
may seize personal property, pursuant to Subsection 351 (2) of the Municipal
Act, 2001, after a tax bill has been sent but before the due date if:
(a)
the Treasurer or an officer has good reason to believe that the
personal property subject to the seizure is about to be removed from
the City before its due date;
(b)
the Treasurer or an Officer makes an affidavit to that effect before a
Justice of the Peace or the head of Council of the City; and
(c)
the Justice of the Peace or head of Council of the City issues a
warrant authorizing the Treasurer or an Officer to levy for the fines
and costs in the manner provided by this Section.
(d)
Subsections 351 (5), (7), (8), (9), (10), (13) and (14) of the Municipal
Act, 2001, apply with necessary modifications to a seizure for an
unpaid licensing fine under this By-law.
(e)
No defect, error or omission in the form or substance of the notice
required by this By-law invalidates any subsequent proceedings for
the recovery of a fine.
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47.
PROCEEDS OF FINES
47.1
Pursuant to the provisions of Subsection 433 (1) of the Municipal Act, 2001,
where a Person has been convicted of any offence under this By-law, every
fine imposed for a contravention of this By-law belongs to the City.
48.
SEVERABILITY
48.1
Notwithstanding that any section, Schedule, or any part or parts thereof, of
this By-law may be found by any court of law to be invalid or beyond the
power of the Council to enact, such section, Schedule or part or parts thereof
shall be deemed to be severable, and all other sections and Schedules of this
By-law, or parts thereof, are separate and independent there from and enacted
as such.
49.
SCHEDULES
49.1
All Schedules referred to in this By-law and attached to this By-law shall be
deemed to be a part of the By-law.
50.
CONFLICT
50.1
Where there is a conflict between this By-law and any other City By-law that
regulates or governs the operation of Stationary Businesses, this By-law shall
prevail.
51.
INTERPRETATION
51.1
The provisions of the Legislation Act 2006, R.S.O. 2006, c.21, Sch. F, shall
apply to this By-law.
52.
REPEAL
52.1
The following By-laws are to be repealed.
By-law
Number
By-law
Number
Adult Entertainment Parlour
(Goods)
2002-286
Fireworks (Sale)
2007-230
Adult Entertainment Parlours
(Services)
2002-287
Food Stores
2002-296
Places of Amusement
(Carnivals)
2002-288
Garages
2002-297
Places of Amusement
(Arcades)
2002-289
Golf Driving Ranges
2002-298
Auctioneers
2002-290
Horse Riding
Establishments
2002-299
Bagatelle Establishments
2002-293
Public Halls
2002-304
Barber and Hairdressing Shops
2002-291
Salvage Shops
2002-306
Billiards Halls
2002-293
Salvage Yards
2002-306
Body Rub Parlours
2002-292
Second Hand Dealers
2002-306
Bowling Alleys
2002-293
Second Hand Goods
2002-307
Complementary Healthcare
Centres
2002-292
Signs, Mobile
2002-302
Driveway Paving Contractors
2006-314
Special Sales
2005-87
Dry Cleaning Depots
2002-295
Tobacco Shops
2002-309
Eating Establishments
2002-296
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53.
EFFECTIVE DATE
53.1
This By-law comes into force and takes effect on June 26, 2018.
54.
SHORT TITLE
54.1
This By-law shall be known as the Stationary Business Licensing By-law.
Read a first, second, and third time and passed on June 26, 2018.
"Kimberley Kitteringham"
"Frank Scarpitti"
________________________________
__________________________
Kimberley Kitteringham
Frank Scarpitti
City Clerk
Mayor
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SCHEDULE 1
Relating to the Term, Issue, Expiry, and Prorating
of Stationary Business Licences
1.
TERM OF LICENCE
1.1
Every Licence listed in this Schedule is valid for the corresponding term of the
Licence unless:
(a)
the Licence has been suspended or revoked;
(b)
the Licence has been cancelled at the request of the Licencee;
(c)
payment of the said Licence has not been made.
2.
TIME FOR RENEWAL
2.1
An application for renewal of a Licence shall be delivered to the Licensing
Section on or before the expiry date. An expired Licence may be renewed
without being subject to any new application requirements within one year of
the Licence expiry date providing all Licence fees, including late fees, and
charges are paid in full and where all required documentation is submitted.
2.2
When an application for renewal of a Licence is delivered to the Licensing
Section any time after one year after the expiry date of the Licence, the
Applicant shall complete an application as a new Applicant.
2.3
Fees may be pro-rated by calculating the fee based upon the month in which the
Application is made to the Licensing Section to the expiry date of the Licence
pursuant to the Licensing, Permit and Service Fee By-law.
SCHEDULE
RENEWAL DATE
Adult Entertainment Parlour (Goods)
January 31st
Adult Entertainment Parlours (Services)
January 31st
Places of Amusement (Carnivals)
January 31st
Places of Amusement (Arcades)
January 31st
Auctioneers
January 31st
Bagatelle Establishments
January 31st
Barber and Hairdressing Shops
January 31st
Billiards Halls
January 31st
Body Rub Parlours
January 31st
Bowling Alleys
January 31st
Clothing Donation Bins
January 31st
Driveway Paving Contractors
January 31st
Dry Cleaning Depots
January 31st
Eating Establishments
January 31st
Fireworks (Sale)
January 31st
Food Stores
January 31st
Garages
January 31st
Golf Driving Ranges
January 31st
Horse Riding Establishments
January 31st
Personal Services Establishments
January 31st
Public Halls
January 31st
Salvage Shops
January 31st
Salvage Yards
January 31st
Second Hand Dealers
January 31st
Second Hand Goods
January 31st
Signs, Mobile
January 31st
Special Sales
January 31st
(Amended by By-law 2022-21)
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SCHEDULE 2 - RELATING TO
ADULT ENTERTAINMENT PARLOURS - SERVICES
1.
DEFINITIONS
"Adult Entertainment Parlour" means any Premises or part thereof in
which is provided, in pursuance of a trade, calling, Business or
occupation, Services appealing or designed to appeal to erotic or sexual
appetites or inclinations;
"Attendant"" means any Person other than a licensed Owner or
Operator who provides Services designed to appeal to erotic or sexual
appetites or inclinations at an Adult Entertainment Parlour;
"Defined Areas" means those two areas of the City which are shown
as the shaded areas set out in Appendixes "B" and "C" attached hereto;
"Licensed Premises" means an Adult Entertainment Parlour which
is referred to in a Licence;
"To Provide" when used in relation to Services includes to furnish,
perform, solicit, or give such Services and "providing" and "provision"
have corresponding meanings;
"Services" includes activities, facilities, performances, exhibitions,
viewings and encounters;
"Services Designed to Appeal to Erotic or Sexual Appetites or
Inclinations" includes:
(i)
Services of which a principle feature or characteristic is
the nudity or partial nudity of any Person;
(ii)
Services in respect of which "nude", "naked", "topless",
"bottomless", "sexy", or any other word or any picture,
symbol or representation having like meaning or
implication is used in any advertisement.
2.
Every Applicant for an Owner`s Licence shall, at the time of making
his application, file with the Licensing Officer a list showing the
names of all Operators and Attendants providing Services in his
Adult Entertainment Parlour and all such Persons intended or
expected by him to be employed or to Provide Services in his Adult
Entertainment Parlour and shall thereafter maintain a list showing at
all times the names of all Operators and Attendants providing
Services in his Adult Entertainment Parlour and such Owner shall,
upon a request made to him by any peace officer or By-law
enforcement officer produce the list, brought up to date as of the time of
the request, to such officer.
3.
On every application for an Owner's, Operator's or Attendant's
Licence by an Individual or by a corporation, the Applicant shall
state:
(a)
if the Applicant is an Individual, his date of birth; and
(b)
if the Applicant is a corporation, the date of birth of
every shareholder or other Person having a beneficial
By-law 2018-90
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interest of any kind in the shares of the corporate
Applicant or in any corporations referred to in section 4
of this By-law.
4.
Where the shares in a corporation applying for an Owner's or
Operator's Licence are held in whole or in part by another
corporation, the corporation so applying shall file with the Licensing
Officer a Return in a form supplied by the Licensing Officer, which
Return shall contain a list of all of its shareholders, and if such Return
discloses that the shares in such other corporation are in turn held in
whole or in part by a third corporation then the said Applicant shall
also file such a Return in respect of such third corporation listing its
shareholders, and so on until the names of all living Persons are shown
and identified as the shareholders of any and all corporations having an
interest, direct or indirect, in the shares of the Applicant corporation.
5.
All Returns required by section 4 of this section shall be filed with the
Licensing Officer at the same time as the filing of the application for
the Licence.
6.
Every Owner or Operator which is a corporation shall, in every year,
on or before the time at which it applies for the renewal of its Licence,
file with the Licensing Officer an Annual Return on a form supplied by
the Licensing Officer.
7.
Where a corporation is the holder of an Owner's or Operator's Licence
or Licences, the corporation shall forthwith notify the Licensing
Officer in writing of all transfers of existing shares and of the issue of
any existing or new shares of the capital stock of the corporation, and of
any such transaction involving the shares of any corporation referred to
in section 4 and the Licensing Officer may, in its discretion, determine
whether the Licence or Licences shall be revoked.
8.
Where, by a transfer of existing shares or by an issue of new or existing
shares, the controlling interest in a corporation holding one or more
Owner's or Operator's Licences is determined by the Licensing
Officer to have changed hands, such Licence or Licences shall be
terminated forthwith and the Licensing Officer may issue a new
Licence or new Licences upon payment of the prescribed fee. The
Licensing Officer may refuse to issue a new Licence or Licences if it
determines that it is in the public interest so to do.
9.
Where the shares of a corporate Owner or Operator are held in whole
or in part by another corporation, such Owner or Operator shall file
with the Licensing Officer at the same time as the Owner or Operator
an Annual Return as provided in section 4 of this section and if the
shares in such other corporation are in turn held in whole or in part by a
third corporation, then such Owner or Operator shall likewise file
such an Annual Return in respect of such third corporation and so on
until the names of all living Persons are shown and identified as the
shareholders of any and all corporations having an interest, direct or
indirect, in the corporate Owner or Operator.
9.
(a)
Persons associated in a partnership applying for an Owner`s or
Operator`s Licence shall file with its application to the
Licensing Officer a declaration in writing signed by all
members of the partnership, which declaration shall state:
(i) the full name of every partner and the address of his
ordinary residence;
By-law 2018-90
Page 25
(ii) the name or names under which they carry on or intend to
carry on Business;
(iii) that the Persons therein named are the only members of the
partnership; and
(iv) the mailing address for the partnership.
(b)
If any member of a partnership applying for a Licence is a
corporation, such corporation shall for the purposes of section 4
of this By-law be deemed to be a corporation applying for an
Owner`s or Operator`s Licence and if such Licence is issued to
the partnership such corporation shall, for the purposes of the
said section, be deemed to be a corporation which holds an
Owner`s or Operator`s Licence; and
(c)
It shall be the duty of every member of a partnership to advise the
Licensing Officer immediately in writing of any change in the
membership of the partnership and of any other change in any of
the particulars relating to the partnership or its Business which
are required to be filed with the Licensing Officer, and the
Licensing Officer may, in his discretion, determine whether or
not a new Licence should issue to the partnership as presently
constituted.
10.
(a)
Every Person applying for an Owner`s, Operator`s, or
Attendant`s Licence who carries on or intends to carry on his
Business in or relating to an Adult Entertainment Parlour
under a name or designation other than his own name or under
his own name with the addition of the expression "and
company" or some other expression indicating a plurality of
members in the firm, shall, at the time of the making of his
application, file with the Licensing Officer a declaration, which
declaration shall state:
(i) his full name and the address of his ordinary residence;
(ii) any name or designation under which he carries on or intends
to carry on Business, and the date when the name or
designation was first used by him;
(iii) that no other Person is associated with him in partnership;
and
(iv) the mailing address for his Business.
(b)
A Person to whom this section relates shall notify the Licensing
Officer immediately of any change in any of the particulars
required to be filed with the Licensing Office under subsection
(a) of this section.
11.
(a)
Every Owner, Operator or Attendant applying for a Licence
must use his own legal name in making such application and
subject to subsection (b) of this section no such Licence shall be
issued to any Person in any name other than his own legal
name;
(b)
Every Owner, Operator or Attendant intending to use some
name or designation other than his own may, at the time of the
issue of his Licence, or at the time at which he files with the
Licensing Officer notice of intention to use such name or
By-law 2018-90
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designation, have endorsed on his Licence such name or
designation; and
(c)
No Owner, Operator or Attendant shall carry on Business
under any name or designation other than his own, unless he has
filed with the Licensing Officer a notice of his intention to use
such name or designation and no Person shall use any name or
designation in respect of an Adult Entertainment Parlour or of
any trade, calling, Business or occupation carried on therein
without first notifying the Licensing Officer of such name or
designation intended to be used and having such name endorsed
upon his Licence in accordance with subsection (b) of this
section.
12.
(a) No Adult Entertainment Parlour may open for Business or
operate or be operated unless it's Owner is licensed as such under
this By-law;
(b) Every Person applying for an Owner's Licence shall file with the
Licensing Officer documentation satisfactory to the Licensing
Officer demonstrating the Applicant's right to possess or occupy
the Premises used by him as an Adult Entertainment Parlour
and if such Person is not the registered Owner or Owner in fee
simple of the property upon which the Adult Entertainment
Parlour is located, such Person shall file with the Licensing
Officer at the same time a copy of his lease, if any, and of any
other document constituting or affecting the legal relationship
between the said Applicant and the said registered Owner or
Owner in fee simple of the real property. For the purpose of this
subsection, "registered OWNER" means the Owner as registered
pursuant to the Land Titles Act or the Registry Act as the case may
be;
(c) A separate Owner's Licence shall be taken out in respect of each
Adult Entertainment Parlour;
(d) Where an Owner does not personally operate his Adult
Entertainment Parlour, every Person operating such Adult
Entertainment Parlour shall obtain a Licence so to do, but
nothing herein relieves such an Owner from the requirement that
he obtain a Licence as Owner of such Adult Entertainment
Parlour;
(e) An Owner or Operator may, subject to the provisions of this By-
law, if his Licence as an Owner or Operator is so endorsed by
the Licensing Officer, perform the Services of an Attendant in
the Adult Entertainment Parlour of which he is the Owner or
Operator; and
(f) An Owner who operates his own Adult Entertainment Parlour
shall notify the Licensing Officer of this fact at the time he
obtains his Licence and his Licence may be endorsed accordingly
upon payment of the appropriate fee, and he shall notify the
Licensing Officer and have the said endorsement amended before
engaging any Operator to operate his Adult Entertainment
Parlour.
13.
(a)
No Owner of an Adult Entertainment Parlour or Premises
shall permit any Person other than a licensed Operator to
operate such Adult Entertainment Parlour;
By-law 2018-90
Page 27
(b)
No Owner or Operator shall permit the provision of Services
upon or at his Adult Entertainment Parlour or pursuant to the
operation by him of an Adult Entertainment Parlour by any
Person other than a licensed Attendant or other Person licensed
or authorized by or under this By-law so to do;
(c)
No Owner shall permit any Person, other than an employee of
such Owner or a Person with whom the Person has contracted,
to operate his Adult Entertainment Parlour or to Provide
Services in his Adult Entertainment Parlour;
(d)
No Attendant or other Person shall provide Services in any
Adult Entertainment Parlour unless the Owner of the said
Adult Entertainment Parlour and the Operator, if any, is duly
Licensed as Owner or Operator respectively under this By-law;
(e)
No Operator not being the Owner of an Adult Entertainment
Parlour shall operate the said Adult Entertainment Parlour
unless the Owner of the said Adult Entertainment Parlour is
duly licensed as Owner under this By-law; and
(f)
No Operator may operate an Adult Entertainment Parlour
unless he first notifies the Licensing Officer of the name of the
Owner whose Adult Entertainment Parlour he intends to
operate and has endorsed upon his Licence the said Owner's
name accordingly, and every Operator before operating any
other Adult Entertainment Parlour shall notify the Licensing
Officer of his intention so to do and have his Licence endorsed
accordingly.
14.
A copy of every written contract of service, contract for Services or
other document constituting or pertaining to the relationship between
Owner and Operator or an Adult Entertainment Parlour or between
Owner or Operator and Attendant providing Services at an Adult
Entertainment Parlour, shall be filed with the Licensing Officer and
the original of any such document shall be made available for
inspection at any time by the Licensing Officer's By-law enforcement
officers upon request, and shall be retained by the Owner or Operator
for a period of six months after its termination.
15.
Every Owner, Operator or Attendant who changes his address shall,
within two days after such change, attend before the Licensing Officer
and notify the Licensing Officers of such change of address and
produce his Licence for the change to be entered thereon.
16.
(a)
No Owner's Licence shall be transferred, and if an Owner Sells,
leases or otherwise disposes of his Adult Entertainment
Parlour or the Premises or part thereof upon or in which an
Adult Entertainment Parlour is operated, to any Person, his
Licence in respect of such Adult Entertainment Parlour or
Premises shall, notwithstanding any other provision of this By-
law, terminate;
(b)
Subject to subsections (d) and (e) hereof, the Licensing Officer
may in his discretion issue a new Owner's Licence to the
purchaser, lessee or other Person obtaining an interest in an
Adult Entertainment Parlour or the PREMISES or part thereof
upon or in which an Adult Entertainment Parlour has been
operated subject also to the following Conditions:
By-law 2018-90
Page 28
(i)
That the new Applicant qualifies under all of the other
provisions of this By-law, and that he complies with all of
the requirements of this By-law relating to him;
(ii)
That the new Applicant file with the Licensing Officer
the documents relating to ownership and to his right to
possess or occupy the Adult Entertainment Parlour, all
as required by this By-law;
(iii) That the Applicant and the vendor file with the Licensing
Officer an executed copy of a written agreement between
the parties containing all the details of the dealings
between
the
parties
in
respect
of
such
Adult
Entertainment Parlour or Premises; and
(iv)
That the agreement contain a statutory declaration, in a
form supplied by the Licensing Officer, by both parties
and a further statutory declaration by the solicitor for the
purchaser in a form supplied by the Licensing Officer.
(c)
The making of a false or intentionally misleading recital of fact,
statement or representation in any such agreement or statutory
declaration required by this by-law hereof shall be deemed a
violation of the provisions of this By-law;
(d)
Notwithstanding subsections (a) and (b) hereof, the Licensing
Officer may in his discretion refuse to issue a Licence or
Licences to a purchaser, lessee or other Person obtaining an
interest in an Adult Entertainment Parlour in a transaction
under this section when the Licensing Officer is of the opinion
that it is not in the public interest, as determined by the Licensing
Officer, that such new Licence or Licences should be issued;
and
(e)
Upon the sale, lease or other disposition of an Adult
Entertainment Parlour, every Operator's Licence issued in
respect of such Adult Entertainment Parlour shall terminate,
and the Licensing Officer may, subject to the provisions of this
By-law, permit the purchaser, lessee or other Person obtaining an
interest in such Adult Entertainment Parlour to operate the
Adult Entertainment Parlour by an endorsement to that effect
upon an Owner's Licence issued to him or may issue a new
Operator's Licence to any Person previously Licensed as an
Operator in respect of such Adult Entertainment Parlour.
17.
No Owner or Operator shall permit any Services to be given,
performed, provided or received in any Adult Entertainment Parlour
in breach of any of the regulations contained in this By-law.
18.
(a)
Every Owner, Operator and Attendant providing Services at
an Adult Entertainment Parlour or in attendance at an Adult
Entertainment Parlour in pursuance of a trade, calling,
Business or occupation carried on by the Owner, or Operator of
such Adult Entertainment Parlour, shall, upon a request made
to him by any peace officer, By-law enforcement officer, officer
of the Markham Fire Department, or public health inspector,
provide his name and residential address, and if he is licensed
under this By-law in respect to any trade, calling, Business or
occupation relating to such Adult Entertainment Parlour, he
shall produce his said Licence. There shall be an Individual who
is a licensed Owner or Operator on the Premises at all times
By-law 2018-90
Page 29
while the Adult Entertainment Parlour is opened for Business;
and
(b)
Notwithstanding subsection (a), this section does not require an
Attendant to identify himself or produce his Licence to a public
health inspector.
19.
(a)
Subject to this By-law, before there is carried on in any Adult
Entertainment Parlour any Business, trade, calling or
occupation in an Adult Entertainment Parlour for which a
Licence is otherwise required by, the Owner or the said Adult
Entertainment Parlour shall attend before the Licensing
Officer and shall apply to have his Licence endorsed to permit
such trade, calling, Business or occupation to be carried on in
such Adult Entertainment Parlour, and if the Licensing
Officer authorized such endorsement, the said Owner shall pay
the Licence fee, if any, required of him by the By-law for such a
Licence;
(b)
No Owner or Operator shall permit any trade, calling, Business
or occupation for which a Licence is required under this By-law,
to be carried on in an Adult Entertainment Parlour owned or
operated by him unless a description of the said trade, calling,
Business or occupation is endorsed on the Owner's Licence as
provided in this By-law and unless the Owner and every other
Person required to be so licensed has paid the Licence fee
applicable to him; and
(c)
Every Person shall in carrying on or permitting the carrying on
of any trade, calling, Business or occupation in an Adult
Entertainment Parlour comply with all of the requirements of
the By-law relating thereto, including the requirement of
Licence, if any.
20.
(a)
No Person under the age of nineteen may be or act as an Owner
or Operator of an Adult Entertainment Parlour or provide any
Services in an Adult Entertainment Parlour;
(b)
No one may provide Services in an Adult Entertainment
Parlour to a Person under the age of nineteen years;
(c)
No Owner or Operator shall permit any Person under the age of
nineteen to enter or remain in any Adult Entertainment Parlour
owned or operated by him;
(d)
This section shall not be deemed to prohibit any Person from
entering or remaining in any PREMISES licensed as an Adult
Entertainment Parlour except when Services are being
provided in such Premises;
(e)
No Owner or Operator may, in respect of an Adult
Entertainment Parlour owned or operated by that Person,
knowingly permit any Attendant, while providing Services as an
Attendant, to touch, or be touched by or have physical contact
with any other Person in any manner whatsoever involving
sexual touching, which shall include rubbing, fondling or manual
stimulation of the genitals, the buttocks, or the breasts of the
Attendant's body or of that Person's body, whether or not such
body parts are clothed or unclothed;
By-law 2018-90
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(f)
No Attendant, while providing Services as an Attendant, may
touch or be touched by or have physical contact with any other
Person in any manner whatsoever involving sexual touching,
which shall include rubbing, fondling or manual stimulation of
the genitals, the buttocks, or the breasts of the Attendant's body
or of that Person's body, whether or not such body parts are
clothed or unclothed;
(g)
Every Owner and every Operator shall ensure that signage is
posted
in
conspicuous
locations
throughout
the
Adult
Entertainment Parlour sufficient to be visible to all
Attendant's and patrons therein, which signage shall indicate the
prohibition respecting sexual touching, which shall include
rubbing, fondling or manual stimulation of the genitals, the
buttocks, or the breasts of the Attendant's body or of that
Person's body, whether or not such body parts are clothed or
unclothed;
(h)
The Adult Entertainment Parlour shall be provided with
adequate ventilation and with lighting that is adequate to ensure
visibility;
(i)
Within any Adult Entertainment Parlour, the Owner shall
designate an area, which shall be the only area within which adult
entertainment Services may be provided, and which area shall
contain no smaller room, area or cubicle enclosed or partitioned
by any wall extending from the floor to a height in excess of 1.07
metres from the floor;
(j)
No room, area or cubicle located within the
Adult
Entertainment Parlour, other than the area designated for that
purpose, may be used by any Person for the provision of adult
entertainment Services;
(k)
No Adult Entertainment Parlour or part thereof shall be used
as a DWELLING or for sleeping purposes or contain therein any
furniture which is commonly used or may be used for sleeping
purposes;
(l)
No door to any room, area of cubicle where adult entertainment
Services are or may be provided, save and except for the area
designated and used by the Owner or Operator as office space,
one storage room and rooms required for the heating, ventilation
and air conditioning systems of the Adult Entertainment
Parlour, shall be equipped or constructed with a locking device
of any kind, or with any other device or structure which could
delay or hinder anyone from entering or obtaining access to such
room, area or cubicle;
(m) No Attendant may provided entertainment Services in a room,
area, or cubicle which has a door or other means of access that is
equipped or constructed with a locking device of any kind or that
is equipped or constructed in such a way as to permit the
obstruction, hindrance or delay of any Person attempting to gain
entry thereto; and
(n)
Every Owner applying for a Licence under this By-law shall file
with his application a floor plan of the Adult Entertainment
Parlour upon which the Owner shall clearly designate the area
which shall be used to Provide adult entertainment Services, the
area which shall be used as office space, the storage room and the
By-law 2018-90
Page 31
heating, ventilation and air conditioning systems, if any. In the
event that the Owner wishes to amend the floor plan, he shall
first file with the Licensing a copy of the amended floor plan and
shall not proceed to make such alterations without first obtaining
the approval of the Licensing Officer.
21.
Every Owner, Operator and Attendant shall, while engaged in his
respective trade, calling, Business or occupation in an Adult
Entertainment Parlour be neat and clean in his Person and civil and
well-behaved to members of the public with whom he is dealing.
22.
Every Person shall comply with the provisions of this By-law where
applicable to him whether or not he is licensed under this By-law.
23.
A Licence shall not be issued for any Adult Entertainment Parlour
unless it is located in a Defined Area.
24. Only one Licence shall be issued for each Defined Area.
25.
The number of Licences that may be issued pursuant to this By-law is
limited to two.
26. A Licence shall not be issued for any Adult Entertainment Parlour,
unless all the Conditions as set out in Appendix "A" attached hereto
have been satisfied.
27. (a)
Every application for a Licence or a renewal of a Licence under
this By-law shall be filed with the Licensing Officer and be
accompanied by:
(i)
A statement in the form prescribed by the Licensing
Officer, giving particulars as to the location of the Adult
Entertainment
Parlour
together
with
such
other
information as may be required to determine whether the
use complies with all applicable zoning By-laws and other
regulations.
28. Licences and renewals thereof issued under this By-law shall expire six
months from the date they are issued.
29. Notice of revocation of or termination of any Licence may be given by
Council by registered letter signed by the Clerk and mailed or
delivered to the last known address and upon such notice being given,
the Licence shall then be revoked and terminated and no fees shall be
refunded in respect thereof.
30. In addition to any other penalties included in this By-law, any Person
who contravenes the provisions of this By-law, including every Person
who fails to perform a duty imposed herein or who performs an act
Prohibited herein and every director or officer of a corporation who
concurs in such a contravention is guilty of an offence and, upon
conviction pursuant to the provisions of the Provincial Offences Act (as
amended), is liable to:
(a)
a penalty in the case of Persons, other than a corporation, not
to exceed $25,000.00 or imprisonment for a term not to
exceed one year or both; and
(b)
a penalty in the case of a corporation, not to exceed $50,000;
and,
By-law 2018-90
Page 32
(c)
an order closing the Premises which are the subject of the
contravention for a period not to exceed two years.
31.
That Appendixes "A", "B" and "C" attached to the Schedule form part
of this By-law.
By-law 2018-90
Page 33
APPENDIX "A"
TO BY-LAW 2018-90
CONDITIONS
1.
An Adult Entertainment Parlour shall not be permitted within 120 metres of a
residential use.
2.
Parking shall be provided for an Adult Entertainment Parlour at one space per
9m2 of gross floor area of the premises.
3.
A minimum landscaping strip of 3 metres in width shall be provided along the
side and rear lot lines of the property.
By-law 2018-90
Page 34
SCHEDULE 3 - RELATING TO
ADULT ENTERTAINMENT PARLOURS - SALE OF GOODS
1.
DEFINITIONS:
"Adult Entertainment Parlour (Goods)" means any Premises or part thereof
in which is provided, in pursuance of a trade, calling, Business or occupation,
goods designed to appeal to erotic or sexual appetites or inclinations;
"Adult Videotape" means any videotape, the container or contents of which are
designed or held out as designed to appeal to erotic or sexual appetites or
inclinations, through the pictorial, photographic or other graphic depiction of
subject matter distinguished or characterized by the portrayal of one or more
Persons involved or engaged in specified sexual activities as defined by this By-
law. "Adult videotape": also includes, in the absence of evidence to the
contrary, a videotape classified by the Ontario Film Review Board as
"restricted" and required to be characterized with the added information piece
"adult sex film";
"Class 'A' Adult Entertainment Parlour (Goods)" means an Adult
Entertainment Parlour (Goods) in which the principal Business is the
provision of goods or in respect of which advertisements refer to "adult", "X-
rated", "XXX" or similar description in reference to the goods provided in the
Premises;
"Class 'B' Adult Entertainment Parlour (Goods)" means an Adult
Entertainment Parlour (Goods) in which the portion of the floor area devoted
to the sale of goods to the public is less than 10% of the total area devoted to the
sale of all merchandise within the Business Premises;
"Goods" includes, but is not limited to, Magazines, books, pictures, slides,
films, videotapes or adult videotapes, phonograph records, pre-recorded
magnetic tapes, compact discs, digital video discs, novelties, devices or tools,
the container or contents of which are designed or held out as designed to appeal
to erotic or sexual appetites or inclinations, through the pictorial, photographic
or other graphic depiction, subject matter distinguished or characterized by the
portrayal of one or more Persons involved or engaging in specified sexual
activities or by an emphasis on specified human body areas;
"Operator" includes a Person who, alone or with others, owns, operates or
controls the trade, calling, Business or occupation carried on at an Adult
Entertainment Parlour (Goods) and includes a Person who is the tenant or
Licensees in respect of Premises which are utilized as an Adult Entertainment
Parlour (Goods);
"Sign" includes any Sign as defined pursuant to City By-law No. 2002-94 (as
amended or successor legislation thereto);
"Specific Human Body Areas" means the genitals and the anus;
"Specific Sexual Activities" means any of the following: actual or simulated
sexual intercourse, ejaculation, sodomy, including anal intercourse, oral sexual
intercourse or direct physical stimulation of unclothed genital organs;
"to Provide" when used in relation to goods includes to Sell, offer to Sell or
offer for sale, by Retail or otherwise such goods and "providing" and
"provision" have corresponding meanings. When used in the context of adult
videotapes, "to Provide" also includes to rent, license, lease, exchange or trade
By-law 2018-90
Page 35
such goods, and to offer to do any of same, whether or not consideration is
effected by cost of membership, subscription or price of admittance, or any
other basis;
"Videotape means cinematographic film, videotape, video disc, computer
diskette, or any other medium capable of producing visual images that may be
viewed as moving pictures.
2.
REGULATIONS RESPECTING CLASS B ADULT ENTERTAINMENT
PARLOURS (GOODS)
2.1
Every Persons operating a Class B Adult Entertainment Parlour (Goods)
shall comply with the following regulations:
(a)
No Operator may provide or permit the provision of goods to any
Person who is under the age of eighteen years;
(b)
No Operator may advertise or promote the sale of goods except in
accordance with the provisions of this By-law respecting "Signs and
advertisements";
(c)
No Operator may permit any employee to Provide goods without
instructing such employee in the regulations of this By-law and ensuring
that such employee complies with these regulations in the provision of
such goods;
(d)
No Operator may permit the provision of any Services designed to
appeal to erotic or sexual appetites or inclinations in an Adult
Entertainment Parlour (Goods); and
(e)
Where goods in the form of printed, photographic or pictorial matters are
provided, such goods shall be located in a manner which renders such
materials inaccessible and not readily visible to persons under the age of
18 years.
2.2
No Person may operate a Class B Adult Entertainment Parlour (Goods) that
provides adult videotapes except in accordance with the following additional
regulations:
(a)
No adult videotape containers or related advertising or promotional
material may be displayed, except in a designated area of such Adult
Entertainment Parlour (Goods) that is separated from the balance of
the public area by a solid partition extending from the floor to a height
not less than 1.8 metres from the floor and provided that access to the
designated area shall be through a door having a height not less than 1.5
metres and provided that no such advertising or promotional material can
be seen by Persons in the store without entering the designated area;
(b)
No Operator may provide adult videotapes, unless such adult videotapes
are stored behind the main counter, which is staffed by an employee, or
contained within automated vending or dispensing equipment in such a
manner as to Firecracker only the title to the adult videotape;
(c)
No Operator may provide adult videotapes, without maintaining a
current listing of all adult videotapes available on the Premises and
making that listing available to the Licensing Officer upon request;
(d)
No Operator may play any adult videotape anywhere within such an
Adult Entertainment Parlour (Goods);
By-law 2018-90
Page 36
(e)
No Operator may provide any adult videotape without posting in a
prominent location satisfactory to the Licensing Officer, a valid film
exchange Licence issued pursuant to the Theatres Act;
(f)
No Operator may provide any adult videotape unless such adult
videotape is clearly marked with a classification sticker issued pursuant
to the Theatres Act: and
(g)
No Operator may advertise any adult videotape except in accordance
with
the
provisions
of
this
By-law
respecting
"Signs
and
advertisements".
3.
REGULATIONS RESPECTING CLASS A ADULT ENTERTAINMENT
PARLOUR (Goods)
3.1
No Persons may operate a Class A Adult Entertainment Parlour (Goods)
except in accordance with the following regulations:
(a)
No Operator may permit the provision of any Services designed to
appeal to erotic or sexual appetites except in accordance with the
provisions of the By-law of the City of Markham respecting the
licensing and governing of Adult Entertainment Parlour;
(b)
No Operator may provide any goods to any Person under the age of
eighteen years and no Person under the age of eighteen years may be
allowed to enter or remain in any part of the Premises;
(c)
No Operator may provide any goods unless there is posted in a
prominent location at the entrance to the Premises a Sign indicating that
no Person under the age of eighteen years may enter or remain in such
Premises;
(d)
No Operator may permit any employee to Provide goods unless such
Person is at least 18 years of age and such Person has been instructed
with regard to the regulation in this By-law and complies with such
regulations;
(e)
With the exception of patent medicines and prescription Drugs required
for medicinal purposes, no Person may take, consume or have alcohol or
Drugs in their possession in an Adult Entertainment Parlour (Goods);
(f)
No Operator may permit any Person who appears to be intoxicated by
alcohol or a DRUG to enter or remain on the Premises;
(g)
No Operator may advertise an Adult Entertainment Parlour (Goods)
or promote the provision of goods at an Adult Entertainment Parlour
(Goods) except in accordance with the provisions of this By-law
respecting "Signs and advertisements";
(h)
No Operator may provide any goods at an Adult Entertainment
Parlour (Goods) except in compliance with the provision of this By-law
respecting "hours of operation";
(i)
No Operator may provide any goods at an Adult Entertainment
Parlour (Goods) except in compliance with the provisions of this By-
law respecting "location restrictions and limitations on number";
By-law 2018-90
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(j)
No Operator may provide any goods at an Adult Entertainment
Parlour (Goods) except in compliance with the provisions of this By-
law respecting "design of Premises";
(k)
Every Operator shall keep his, her or its Licence certificate issued in
respect of the Adult Entertainment Parlour (Goods) posted in a
conspicuous place in the said Premises in a manner satisfactory to the
Licensing Officer, at all times during the currency of the Licence;
(l)
No Operator may provide any adult videotape without posting in a
prominent location, that is satisfactory to the Licensing Officer, a valid
film exchange Licence issued pursuant to the Theatres Act;
(m)
No Operator may provide any adult videotape unless such adult
videotape is clearly marked with a classification sticker issued pursuant
to the Theatres Act;
(n)
No Operator may provide adult videotapes without maintaining a
current listing of all adult videotapes available on the PREMISES and
making that listing available to the Licensing Officer upon request; and
(o)
No PERSON may play any adult videotape or provide a viewing area for
adult videotape anywhere within an Adult Entertainment Parlour
(Goods).
3.2
No Person may erect or maintain any Sign advertising a Class "A" Adult
Entertainment Parlour (Goods) or the goods provided from such Premises
except in accordance with City Sign By-law No. 2002-94 (as amended).
Despite the provisions of City Sign By-law No. 2002-94 (as amended), no
Person may erect or maintain any Sign advertising a Class "A" Adult
Entertainment Parlour (Goods) or advertising "goods" within the meaning of
this By-law except in accordance with the following additional regulations:
(a)
No Person may circulate, post, distribute or cause to be circulated,
posted or distributed any pamphlet, poster, flyer or handbill advertising a
Class "A" Adult Entertainment Parlour (Goods) or advertising
"goods" within the meaning of this By-law;
(b)
Nothing in this By-law shall be deemed to prohibit any Person from
erecting or maintaining any Sign on any interior wall of a Class "A"
Adult Entertainment Parlour (Goods), provided the content of such
Sign is not visible from the exterior of the Adult Entertainment
Parlour (Goods);
(c)
No Person may advertise a Class "A" Adult Entertainment Parlour
(Goods) or advertise "goods" within the meaning of this By-law by
means of the depiction of specified human body areas; and
(d)
No Person may erect or maintain any Sign in respect of an Adult
Entertainment Parlour (Goods) portraying nudity or sexually
suggestive poses or any content deigned to appeal to sexual or erotic
appetites or inclinations.
3.3
No Person may operate a Class A Adult Entertainment Parlour (Goods)
except in accordance with the following regulations:
(a)
Every Operator shall provide the Licensing Officer with a floor plan
designating the boundaries of all floor-space which shall be used to
Provide goods and no Person may provide goods from any other room,
cubicle, enclosure, partitioned area or space within the Adult
By-law 2018-90
Page 38
Entertainment Parlour (Goods). An Operator who wishes to amend
the floor plan shall first file with the Licensing Officer a copy of the
amended floor plan and shall not proceed to make any alterations for
such purpose without first obtaining the approval of the Licensing
Officer;
(b)
Save and except for one room designated by the Operator for use as an
office and one room designated by the Operator as a storage room,
every Operator shall ensure that no means of access to any room,
cubicle, enclosure or partitioned area in any Adult Entertainment
Parlour (Goods) is equipped or constructed with a locking device of any
kind or with any other device or structure which could delay or hinder
anyone from entering or obtaining access to such area;
(c)
During the hours of operation of an Adult Entertainment Parlour
(Goods) and at all times when goods are provided therein, the Operator
shall ensure that the principal means of access into the Adult
Entertainment Parlour (Goods) shall be kept unlocked and available
so that anyone entering the Adult Entertainment Parlour (Goods) may
do so without hindrance or delay;
(d)
The floor-space on which goods may be provided shall have no area
enclosed or partitioned by any wall extending from the floor to a height
in excess of 1.8 metres from the floor. Any such room or space shall be
open at all times to all Persons attending the Adult Entertainment
Parlour (Goods) during its Business hours; and
(e)
All goods shall be displayed so as not to be visible from the exterior of
the Premises
3.4
An Operator of a Class "A" Adult Entertainment Parlour (Goods) shall not
permit any goods to be provided therein except between the hours of 9:00 a.m.
in the morning of any day and 1:00 a.m. in the morning of the next day.
3.5
No Person may operate a Class "A" Adult Entertainment Parlour (Goods):
(a)
within 120 metres of any lands zoned to permit residential uses
by the relevant zoning By-law at such time as the application for
Licence is submitted to the City;
(b)
within 120 metres of any School, place of worship or child day
care centre in existence when the application for Licence is
submitted to the City; and
(c)
within 120 metres of any other Adult Entertainment Parlour
(Goods), body-rub parlour or Adult Entertainment Parlour
(Services) in existence at the time when the application is
submitted to the City, regardless of whether such other Business
are licensed or not.
3.6
An existing licensed Adult Entertainment Parlour (Goods) is not disqualified
from the renewal of a Licence if one of the listed land uses locates within the
separation distance.
3.7
No Licence shall be issued under this By-law in respect of any Premises or
place where the operation or carrying on of the Business of an Adult
Entertainment Parlour (Goods) is Prohibited by this or any other law.
3.8
The number of Adult Entertainment Parlour (Goods) which may be licensed
in the City of Markham shall be limited to five.
By-law 2018-90
Page 39
3.9
No Person may operate an Adult Entertainment Parlour (Goods) from any
area except those areas described on Schedule "A" hereto.
3.10
The City shall review this section and Appendix "A" within 5 years from the
enactment of this By-law, and every five years thereafter, for the purpose of
ensuring that these provisions continue to achieve the objects of the By-law. An
element of that review shall include consideration of the increase of population
in the City in relation to the maximum number of permitted Licences.
3.11
Where there is any change in any of the particulars relating to a Person licensed
under this By-law, which particulars are required to be filed with the City on
applying for a Licence under this By-law, such Person shall report the change
to the Licensing Officer within seven days of the change.
3.12
Where there is to be a change in the composition or the controlling interest of a
partnership licensed under this By-law, the Persons licensed hereunder in
partnership shall obtain the approval of the Licensing Officer to such change
prior thereto. Where there has been any change in the controlling interest of the
partnership, either by one transaction or a number thereof, the Licence may be
revoked despite the Licensing Officer's prior approval of any one or more such
transactions.
3.13
Where there is to be a change in the composition or the controlling interest of
the shareholders of a corporation licensed under this By-law, the corporation
shall obtain the approval of the Licensing Officer to such change prior thereto,
failing which the Licence may be revoked. Where there has been any change in
the controlling interest of the corporation, either by one transaction or a number
thereof, the Licence may be revoked, despite the Licensing Officer's prior
approval of any one or more such transactions.
3.14
Every Operator shall during the operating hours of the Adult Entertainment
Parlour (Goods) and at all times when goods are provided therein make
available for inspection by the Licensing Officer, a peace officer, a Medical
Officer of Health, a Provincial Offences Officer, or a By-law Enforcement
Officer, the original of any document or record referred to in this By-law.
3.15
Every Operator of an Adult Entertainment Parlour (Goods) shall, at all times
during operating hours of the Adult Entertainment Parlour (Goods) and at all
times when goods are provided therein, permit the entry therein by and the
inspection of the Adult Entertainment Parlour (Goods) by a By-law
Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a
Medical Officer of Health or a peace officer.
3.16
No Person may obstruct or hinder the entry or the inspection of an Adult
Entertainment Parlour (Goods) by a By-law Enforcement Officer, a
Provincial Offences Officer, the Licensing Officer, a Medical Officer of
Health or a Peace Officer.
3.17
The provisions of this By-law shall apply to all lands and Premises within the
City.
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APPENDIX "A"
TO BY-LAW NO. 2018-90
1.
The premises at each of the following municipal addresses shall be permitted to
operate, subject to all applicable law, as a Class "A" Adult Entertainment
Parlour (Goods) as long as the premises are in lawful, actual, continual,
uninterrupted and licensed use as a Class "A" Adult Entertainment Parlour
(Goods) from May 9, 2006:
(a)
the premises at 5261 Highway No. 7 operating as Adult Time Video; and
2.
Should premise(s) referred to in Section 1 cease to be used for the purpose of a
Class "A" Adult Entertainment Parlour (Goods), any license issued under this
By-law shall be revoked and no renewal or further license shall be issued for
those premises.
3.
(a)
Figure 2 is and shall form part of Schedule "A";
(b)
Each of Area 1, 2 and 4 on Figure 2 are hereby designated as an area in
which, subject to the provisions of this By-law, one licence for a Class
"A" Adult Entertainment Parlour (Goods) may be issued.
(c) Area 3 on Figure 2 is hereby designated as an area in which, subject to
the provisions of this By-law, more than one licence for a Class "A"
Adult Entertainment Parlour (Goods) may be issued.
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SCHEDULE 4 - RELATING TO
PLACES OF AMUSEMENTS
1.
DEFINTIONS:
"Place of Amusement" includes theatres, music halls, moving picture
shows, roller skating rinks, places where merry-go-rounds, switchback
railways, carousels and other like contrivances are operated, exhibitions of
wax-works, circus riding and other like shows.
2.
REGULATIONS:
2.1 All equipment shall be identified by plates stating the manufacturer's
name, model number if any, maximum capacity and maximum operating
speed for safe operation. If the equipment has been materially rebuilt or
modified so as to change its original action, a competent and independent
inspection company shall certify that it is structurally adequate to safely
withstand all stresses to which it will be subjected during normal
operation.
2.2 All component parts shall be maintained in good condition without visible
SIGNS of deterioration, wear or fatigue which could result in their
inability to carry out their intended function. All defective parts shall be
replaced before operation or use.
2.3
All assembly work shall be performed in a proper and workmanlike
manner. Parts shall be properly aligned, and shall not be bent, distorted,
cut or otherwise injured to force a fit. Parts requiring lubrication shall be
lubricated in the course of assembly. Fastenings and locking devices, such
as bolts, cap screws, cotter pins, lock washers etc. shall be installed where
required for safe operation. Nuts shall be drawn tight, cotters pins shall be
spread and lock nuts firmly set. Before being used, all amusement devices
shall be anchored so as to be stable under all operating Conditions, by the
use of guys, blocking, cribbing, outriggers or other suitable means.
2.4
All replacement materials for defective parts shall be at least equivalent in
all respects to the original material.
2.5 An amusement device shall not be overcrowded, or loaded in excess of its
safe carrying capacity, or operated under dangerous weather Conditions;
nor shall it be operated at an unsafe speed or at any speed beyond that
recommended by the manufacturer.
2.6 If cars or other components may collide in such a way as to cause personal
injury upon failure of normal controls, emergency brakes sufficient to
prevent such collisions shall be provided. On rides attached to cables or
which make use of inclined tracks, automatic anti-rollback devices shall be
installed to prevent backward movement of the passenger-carrying units in
case of failure of the propelling or any other mechanism.
2.7
When the Operator does not have a clear view of the point at which
passengers are loaded or unloaded, adequate signal systems shall be
provided and used to regulate the starting and stopping of the amusement
device.
2.8
Safe and adequate means of ingress and egress from amusement devices
shall be provided. Such means of ingress and egress shall:
By-law 2018-90
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(a)
be protected from adjacent hazards and shall make use of
substantial rails, enclosures, barriers or similar means to
prevent Persons from falling;
(b)
have secure treading and supporting surfaces free from debris,
obstruction, projections and slipping, tripping catching and
other hazards; and
(c)
have adequate clearances.
2.9
Machinery shall be enclosed, barricaded or otherwise effectively guarded
against contact and such protection shall be maintained at all times during
operation or use.
2.10 The interior and exterior parts of all passenger-carrying amusement
devices with which a passenger may come in contact shall be smooth and
rounded, free from sharp, rough or splintered edges and corners, with no
protruding studs, bolts, screws or other projections which might cause
injury. Interior parts upon or against which a passenger may be forcibly
thrown by the action of the ride shall be adequately padded. Devices which
are self-powered and which are operated by a passenger shall have the
driving mechanism so guarded and the guards so locked in place as to
prevent passengers from gaining access to the mechanism. Such belts,
bars, foot rests and other equipment as may be necessary for safe entrance
and exit and for support while the device is in operation shall be provided.
All equipment and the fastenings thereof shall be of sufficient strength to
retain the passengers. The fastenings shall be of a type which cannot be
inadvertently released.
2.11
Amusement devices and temporary structures, including access thereto and
exits there from, shall, while in operation or occupied, be provided with
illumination by natural or artificial means sufficient to prevent accident.
2.12 All electrical wiring, equipment and apparatus for amusement devices or
for lighting shall be properly and legally installed, operated and maintained.
2.13 No employee shall work or be permitted to work in such proximity to any
part of an electric power circuit that he may contact the same in the course
of his work unless he is protected against shock by de-energizing the
circuit, grounding it, or guarding it by effective insulation. If protection is
supplied by de-energizing the circuit the switch controlling the circuit shall
be locked out to prevent inadvertent closing.
2.14 The outlets of electric power lines carrying more than 120 volts shall be
clearly marked to show their voltage.
2.15 All electrical transformer sub-stations shall be properly enclosed and proper
warning Signs shall be posted.
2.16 Electrical apparatus and wiring located outdoors shall be of such quality and
so constructed or protected that exposure to weather will not interfere with
its normal operation.
2.17 Elevated power lines crossing access or other roads within the grounds of a
carnival, fair, exhibition or amusement park or other area shall be suspended
so as to Provide a minimum vertical clearance of 14 feet from the road
surface and a minimum horizontal clearance of 3 feet on each side of the
normal passage space of vehicles.
2.18 Temporary electric wiring, if suspended, shall be supported so that its
protective insulation will not be damaged.
2.19 Temporary electric installations shall be properly grounded.
By-law 2018-90
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2.20 Bare wires and other uninsulated current-carrying parts shall be guarded
against inadvertent contact by means of proper location or by a fence or
other barrier.
2.21 Conductors shall be provided with over current protective devices according
to load. No such device shall be installed in neutral or grounding
conductors.
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SCHEDULE 5 - RELATING TO
PLACES OF AMUSEMENT - VIDEO ARCADES
1.
DEFINITIONS:
"Amusement Machine" means any mechanical or electronic machine,
or device, intended as a game, entertainment or amusement, offered for
use by the public, by any Person or corporation, for profit or gain, and
shall include a computer, a pinball machine, television or video game,
shooting gallery or other similar machine or device, including an
automatic machine that dispenses as prizes, one or more free games but
shall not include any machine used only for the purpose of vending
merchandise or Services or playing recorded music, bowling alleys, or
any billiards, pool or bagatelle table, or any machine that would render
the Premises a Common Gaming House within the meaning of the
Criminal Code of Canada;
"Dwelling" means a single room or series of rooms of complementary
use, operated under a single tenancy which functions as a housekeeping
unit used or intended to be used as a domicile by one or more Persons;
containing cooking, eating, living, sleeping and sanitary facilities; and
having a private entrance from outside the building or from a common
hallway or stairway inside or outside the building;
"Operator" means a Person who, alone or with others, operates,
manages, supervises, runs or directs the Business of a Place of
Amusement.
"Place of Amusement- Class A" means a Place of Amusementwhere
more than 3 amusement machines are provided;
"Place of Amusement- Class B" means a Place of Amusementwhere 3
or less amusement machines are provided;
"School" means any elementary, secondary or private School as defined
by the Education Act, R.S.O. 1990, c. E.2, and any other educational
institution which is recognized as a School by the Education Act.
2.
REGULATIONS
2.1
Every Applicant for a Licence pursuant to this Schedule shall file with
the Licensing Officer the following;
(a)
a floor plan of the Premises which shall show the location of all
doors and windows and the proposed location of each amusement
machine;
(b)
documentation satisfactory to the Licensing Officer demonstrating
the Applicant's right to possess or occupy the Premises and if any
Applicant is not the registered Owner of the property upon which
the Place of Amusement is to be located, such Person shall file
with the Licensing Officer a copy of their lease, if any, and a copy
of any other document constituting or affecting the legal
relationship relating to the said lands or Premises between said
Applicant and the registered Owner.
2.2
Each Licence issued pursuant to this Schedule shall be subject to the
following:
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(a)
Each Licence shall be granted for a specific number of
amusement machines and no additional amusement machines
shall be added to the Premises after the Licence has been issued,
unless the Applicant shall first submit an amended floor plan of
the Premises, and receive the approval of the Licensing Officer;
(b)
No Person licensed to carry on any trade, calling, Business or
occupation pursuant to this Schedule may advertise or promote or
carry on such trade, calling, Business or occupation under any
name other than the name endorsed upon his Licence; and
(c)
No Licence shall be transferred or assigned and if an Owner,
Operator Sells, leases or otherwise disposes of his interest in the
trade, calling Business or occupation carried on at a Place of
Amusement, their Licence in respect of such Place of
Amusement shall, notwithstanding any other provision of this
Schedule, be revoked.
2.3
No Person may own or operate a Place of Amusement:
(a)
in a vehicle of any kind, whether such vehicle is permanently
parked in any location, or is capable of being moved;
(b)
located on a lot where any form of Dwelling is also located; and
(c)
located closer than three hundred metres (300m) to any School,
measured by the shortest distance between a School's property
line and the Premises.
2.4
Every Owner and Operator of a Place of Amusement shall
(a)
obtain a separate Licence for each Place of Amusement that they
own and operate;
(c)
post in a conspicuous place in the Premises, a notice which
indicates that disorderly conduct, loitering and gambling are not
permitted;
(d)
keep the Premises in a clean and sanitary condition at all times;
(e)
maintain sufficient space between rows of amusement machines
as to permit unimpeded access by patrons at all times to any door
or other exit;
(f)
ensure that no amusement machine is located in such a manner as
to impede access by patrons to any door or other exit; and
(h)
comply with the provisions of this Schedule and all other laws.
2.5
No Owner or Operator of a Place of Amusement shall:
(a)
permit the Business to remain open or permit the use of any
amusement machine during any time other than between 9:00
a.m. and 12:00 midnight during any day;
(b)
permit the Business to remain open unless an Operator of the
Business who is no less than 18 years of age remain on the
Premises at all times;
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(c)
permit Persons younger than sixteen (16) years to use any
Amusement Machine or to remain on any Place of Amusement,
unless accompanied by a parent or guardian, except on Monday
to Friday between the hours of 4:00 p.m. to 9:00 p.m., and on
Saturday and Sunday between 9:00 a.m. and 9:00 p.m.;
(e)
permit any gambling to take place on the Premises;
(f)
permit the sale or use of alcohol on the Premises, except in a
Place of Amusement Class B which is incidental to a Business
licensed pursuant to the Alcohol and Gaming Commission of
Ontario; and
(g)
carry on any trade, calling, Business or occupation pursuant to this
By-law advertise or promote or carry on such trade, calling,
Business or occupation under any name other than the name
endorsed upon his license.
2.6
The making of a false or intentionally misleading recital of fact,
statement or representation in any agreement, statutory declaration or
application form required by this Schedule shall be deemed to be a
violation of the provisions of this Schedule.
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SCHEDULE 6 - RELATING TO AUCTIONEERS
1.
DEFINITIONS:
"Auctioneer" means any Person Selling or putting up for sale goods,
wares, merchandise or effects for public auctions.
2. REGULATIONS:
2.1
Every Person licensed or required to be licensed under this Schedule
shall:
(a) post in a conspicuous manner at his auction room, his name and
Business address as such Auctioneer and shall in all public
advertisements of any nature used by him in the course of his
Business include his name and Business address in such
advertisements;
(b) not conduct, or permit to be carried on in his Premises any mock
auction, or shall knowingly and willfully make, or permit to be
made, any misrepresentation as the quality or value of any goods,
wares or merchandise which may be offered for sale by him;
(c)
keep good order in his auction room and offices, and shall keep
proper books of account of the Business transacted by him as an
Auctioneer, which books shall give the names and addresses of
Persons depositing goods, wares or merchandise, with him for
sale, the description of the same, the price for which the same may
be sold, and the names and addresses of the Persons purchasing
such goods, wares or merchandise, or any portion thereof, and shall
forthwith, after the sale of same, or any portion thereof, account for
the proceeds and pay the same to the Person or Persons entitled to
such proceeds, less his proper and legal commissions and charges;
and shall in case no sale is made of such goods, on payment of this
proper costs and charges, return such goods, to the Person or
Persons entitled to receive the same on proper demand being made
therefore. Provided that nothing contained in the section shall in
any way affect or invalidate the claim of any Auctioneer for goods
warehoused with him, and on which he shall have made advances;
(d) keep all books kept by any Auctioneer, pursuant to the foregoing
shall be open at all times during Business hours to the Licensing
Officer;
(e) conduct all auctions in an organized and orderly fashion;
(f) 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; and
(g) Sell or put up for sale by auction any goods, wares, merchandise, or
effects on a reserve-bid basis without first having announced
clearly to those in attendance at the auction the fact of such reserve
bid.
2.2 Nothing in this Schedule shall apply to a Sheriff or Bailiff offering for sale
goods or chattels seized under an execution or distrained for rent.
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SCHEDULE 7 - PERSONAL SERVICES ESTABLISHMENTS
1.
DEFINITIONS
1.1
"Personal Services Establishment" means any individual or business
providing a personal care, hair dressing, grooming , esthetic, beauty, or similar
service including but not limited to following: nail care, shoe shining, shoe
repair, tattooing , aesthetics, micro-pigmentation, laser hair removal,
electrolysis, body piercing, ear piercing, and tanning, but does not include a
body rub parlour;
2.
REGULATIONS:
2.1
No Person licensed or required to be licensed as the Owner of a Barber or
Hairdressing Shop Owner shall actively engage in or permit or employ any
Person to engage in the trade of a barber or hairdresser therein unless such
Person is:
(a)
the holder of a current certificate of qualification as a barber
or hairdresser pursuant to Regulations made under The
Apprenticeship Act; or
(b)
registered with the Director of Apprenticeship as an
apprentice barber or hairdresser under the Apprenticeship and
Tradesmen's Qualification Act.
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SCHEDULE 8 - RELATING TO BOWLING ALLEYS,
BILLIARDS, BAGATELLE ESTABLISHMENTS
1. DEFINITIONS:
"Billiard or Bagatelle Establishment" means any Premises to which the
public has access, which is equipped with more than one billiard, pool or
bagatelle table offered for use by the public for hire or gain;
"Bowling Alley" means any Premises to which the public has access,
which is equipped with one or more lanes for bowling.
2.
REGULATIONS:
2.1
Prior to the issue of such license, a certificate from the Medical Officer of
Health may be required certifying that the Premises to be licensed are in a
proper sanitary condition and that adequate sanitary facilities are provided
for the use of patrons thereto.
2.2
Every Premises licensed under this By-law shall be kept neat and clean
and clear of rubbish. Metal (or other non-combustible) containers with
self-closing covers shall be provided and conveniently placed for the
deposit of waste and rubbish and the contents of such containers shall be
emptied and disposed of immediately at the close of each day's activities.
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SCHEDULE 9 - RELATING TO
BODY RUB OWNERS, OPERATORS AND ATTENDANTS
1.
DEFINITIONS:
"Attendant" means a Person who, in pursuance of a trade, Business or
occupation, provides body-rubs at a body-rub parlour;
"Body Rub" includes the kneading, manipulating, rubbing, massaging,
touching or stimulating by any means of a Person's body or part thereof,
but does not include medical or therapeutic treatment given by a Person
otherwise duly qualified, licensed or registered to do so under the laws of
the Province of Ontario;
"Body Rub Parlour" is included in the definition of Adult
Entertainment Parlour in the Municipal Act, 2001 and includes any
Premises or part thereof where a body-rub is performed, offered or
solicited in pursuance of a trade, calling, Business, or occupation, but does
not include any Premises or part thereof where the body-rubs performed
are for the purpose of medical or therapeutic treatment and are performed
or offered by Persons otherwise duly qualified, licensed or registered so to
do under the laws of the Province of Ontario;
"Operator" includes a Person who, alone or with others, operates,
manages, supervises, runs or directs the trade, calling, Business or
occupation carried on at a body-rub parlour;
"Sign" includes any Sign as defined pursuant to City By-law 2002-94
as amended;
"to Provide" when used in relation to body-rubs includes offering to
Provide or causing or permitting the provision of a body-rub and
"provides", "providing" and "provision" have corresponding meanings;
"Health and Social Club" means a body-rub parlour, provided that the
area used within a Premises operated by a Health and Social Club for
the provision of body-rubs does not exceed 20% of the gross floor area
of the premise and provided the gross floor area of the Premises is not
less than 650.3 square metres (7,000 sq. ft.);
2.
No Person may be an Owner or Operator of a body-rub parlour or be an
Attendant or provide any body-rub in a body-rub parlour except in compliance
with the following regulations:
(a)
No Person may provide any Services designed to appeal to erotic or
sexual appetites in a body-rub parlour except in accordance with the
provisions of City of Markham Adult Entertainment Parlour By-law
No. 2002-287 (as amended or successor legislation thereto);
(b)
No Person may provide body-rubs in a body-rub parlour to any Person
under the age of eighteen years and no Person under the age of eighteen
years may be allowed to enter or remain in any part of a body-rub
parlour;
(c)
Each Owner or Operator shall ensure that there is posted in a prominent
location at the entrance to the body-rub parlour a Sign indicating that no
Person under the age of eighteen years may enter or remain in such
Premises;
By-law 2018-90
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(d)
No Owner or Operator may permit any employee or Person under
contract to work at a body-rub parlour unless such Person is at least 18
years of age and such Person has been instructed with regard to the
regulations of this By-law and complies with these regulations;
(e)
No Owner or Operator may permit a body-rub parlour to be open for
Business unless the Owner or Operator who is designated to be on duty
by the Owner is in attendance in Person;
(i)
Every Owner must designate one Operator to be on duty during
the time the Owner is not in attendance;
(f)
With the exception of patent medicines and prescription Drugs required
for medicinal purposes, no Person may take, consume or have alcohol or
Drugs in their possession in a body-rub parlour;
(g)
No Owner or Operator may permit any Person who appears to be
intoxicated by alcohol or a Drug to enter or remain in a body-rub
parlour;
(h)
No Person may advertise or promote a body-rub parlour or the provision
of body-rubs at a body-rub parlour except in accordance with the
provisions of this By-law respecting "Signs and Advertisements";
(i)
No Owner or Operator may permit a body-rub parlour to open or to
remain open for Business except in compliance with the provisions of
this Schedule respecting "Hours of Operation";
(j)
No Person may own or operate a body-rub parlour except in compliance
with the provisions of this By-law respecting "Locational Restrictions
and Limitations on Number";
(k)
No Person may own or operate a body-rub parlour except in compliance
with the provision of this By-law respecting "Design of Premises";
(l)
Every Owner and Operator designated to be on duty by the Owner
shall keep their license certificate issued in respect of a body-rub parlour
posted in a conspicuous place in the said Premises in a manner
satisfactory to the Licensing Officer at all times during the currency of
the license;
(m)
No Owner or Operator may permit any Attendant to Provide body-
rubs at a body-rub parlour unless such Attendant is licensed pursuant to
the provisions of this By-law and their license has not expired, been
revoked or suspended;
(n)
No Attendant may provide a body-rub at a body-rub parlour unless
there is in attendance at the Premises a licensed body-rub parlour
Owner or Operator who does not provide body-rubs;
(o)
An Owner shall enter into a written contract for Services between every
Operator and every Attendant at a body-rub parlour and such contracts
shall be made available to a Licensing Officer upon request for inspection
at any time during Business hours of the body-rub parlour and during all
times when body-rubs are provided, and shall be retained by an Owner or
Operator for a period of six months after the termination or completion of
such contract;
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(q)
Every Attendant at a Body Rub Parlour shall be clothed in a manner
such that each such Person's pubic and genital area, and in the case of a
woman, her breasts are fully covered by opaque material.
(r)
No Owner, or Operator may use or permit to be used any camera or other
photographic or recording device at a body-rub parlour by any Person.
Notwithstanding the foregoing, a public health inspector acting under the
direction of the Medical Officer of Health the Licensing Officer, a peace
officer or a By-law Enforcement Officer may use a camera or other
photographic or recording device at a body-rub parlour during the course of
an inspection or investigation thereof. In addition, an Officer or an
Operator may maintain a photographic device in the entrance lobby of the
Premises for security purposes;
(s)
Every Owner shall post and maintain in the lobby or entrance of the Body
Rub Parlour, in a manner that is satisfactory to the Licensing Officer, a
Sign which provides as follows: "This Premises is licensed as a Body
Rub Parlour by the City of Markham. The By-law regulating this
Premises makes it an offence for any Person to Provide Services in a
body-rub parlour that are designed to appeal to erotic or sexual
appetites.";
(t)
No Attendant shall provide or offer to Provide Services to any Person
unless such Person's pubic and genital area, and buttocks and, in the
case of a woman, her breasts, are completely and opaquely covered;
(u) No Owner or Operator shall permit any Attendant to Provide or offer
to Provide Services to any Person unless such Person's pubic and
genital area, and buttocks and, in the case of a woman, her breasts, are
completely and opaquely covered;
(v)
Every body-rub parlour Owner and Operator shall ensure that no Services
are provided at the body-rub parlour other than in accordance with the
requirements of this By-law;
(w) No Person shall provide Services in a body-rub parlour unless the Owner
of the body rub parlour holds a body-rub parlour Licence, which has not
expired, been revoked or suspended;
(x)
No Person shall be an Operator of a body-rub parlour unless the Owner
of the body- rub parlour holds a body-rub parlour Licence, which has not
expired, been revoked or suspended;
(y)
Every Attendant shall ensure the window provided to permit the
observation of body-rubs by third parties remains unobstructed; and
(z) No Person, while acting as an Owner or Operator, shall perform any
body-rub Services.
3.
No Person may erect or maintain any Signs advertising a body-rub parlour or
the body-rubs provided from such Premises except in accordance with City By-
laws, including City Sign By-law 2002-94 (as amended). Notwithstanding the
provisions of City Sign By-law 2002-94 (as amended), no Person may erect or
maintain any Sign advertising a body-rub parlour except in accordance with the
following additional regulations:
(a)
No Person may erect or maintain any of the following Signs in respect
of a body-rub parlour or in respect of any body-rubs provided from such
Premises;
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- awning sign
- canopy sign
- projecting sign
- inflatable sign
- portable sign
- trailer sign
- ground or pylon sign,
- sandwich board sign
(b)
No Person may circulate, post, distribute or cause to be circulated,
posted, or distributed any poster, flyer, handbill or other form of printed
Sign on Premises or locations other than the body-rub parlour, with the
exception of advertising located in a newspaper or in the Yellow Pages;
(c)
Nothing within this By-law shall be deemed to constrain any Person
from erecting or maintaining any Sign or advertising on any interior wall
of a body-rub parlour, provided the content of such Sign is not visible
from the exterior of the body-rub parlour;
(d)
No Person may erect or maintain any Sign or advertising in respect of a
body-rub parlour which includes any letters, markings, symbols, pictures
or representations except the name of the body-rub parlour as recorded
on the application for license and any registered copyright logo or
symbol, provided a copy of such logo or symbol is filed with the
Licensing Officer as part of the licensing process;
4.
No Person may be an Owner or Operator of a body-rub parlour except in
accordance with the following regulations:
(a)
The Owner or Operator shall provide the Licensing Officer with a
floor plan showing the designated room or rooms for the provision of
body-rubs and no Person may provide body-rubs in any other room,
cubicle, enclosure or partitioned area located within the body-rub
parlour. In the event that the Owner or Operator wishes to amend the
floor plan, he shall first file with the Licensing Officer a copy of the
amended floor plan and shall not proceed to make such alterations
without first obtaining the approval of the Licensing Officer;
(b)
Save and except for one room designated by the Owner or Operator for
use as an office and one room designated by the Owner or Operator as
a storage room, every Operator or Operator shall ensure that no means
of access to any room, cubicle, enclosure or partitioned area in a body-
rub parlour is equipped or constructed with a locking device of any kind
or with any other device or structure which could delay or hinder anyone
from entering or obtaining access to such area;
(c)
During the hours of operation of a body-rub parlour the Owner,
Operator and Attendant shall ensure that the principal means of access
into the body-rub parlour is unlocked and available so that anyone
coming into the body-rub parlour may enter therein without hindrance or
delay;
(d)
No Premises or part thereof used as a body-rub parlour shall be used as a
Dwelling or for sleeping purposes or contain therein any furniture which is
commonly used or which may be used for sleeping purposes;
(e)
Every body-rub parlour shall be equipped with a window to permit
observation of the provision of body-rubs by third parties. The window
must be 3" x 5" clear glass, located in the door to each massage room at a
height of not less than 5 feet and not greater than 6 feet and must not be
obstructed in any way;
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(f)
Every body-rub parlour shall be provided with adequate ventilation and
with lighting that is adequate to ensure visibility and that is uniformly
distributed throughout the Premises;
(g)
Every body-rub parlour and all fixtures and equipment therein shall be
regularly washed and kept in a sanitary condition;
(h)
Every body-rub parlour shall be equipped with an effective utility sink;
(i)
Adequate toilet and washroom accommodation shall be provided in
accordance with the regulations set forth under the Ontario Building Code
Act (as amended);
(j)
Washrooms shall be equipped with:
(i)
an adequate supply of hot and cold water;
(ii)
an adequate supply of liquid soap in a suitable container or
dispenser;
(iii)
hot air dryers or Individual towels in a suitable container or
dispenser;
(iv)
a suitable receptacle for used towels and waste material;
(k)
In all shower-bathrooms, if any, and in all sauna-bath rooms, if any:
(i)
the floors shall be disinfected at least once a week with a
disinfecting solution approved by the Medical Officer of Health;
(ii)
all surfaces and attached accessories of the bath or shower
enclosure must be self-draining;
(iii)
all showers must have removable cleanable drain covers;
(iv)
floor surfaces both within and without the enclosures shall be of
non-slip type;
(l)
Every Owner and Operator shall provide and maintain at all times at the
body-rub parlour a first-aid kit equipped in a manner satisfactory to
Medical Officer of Health; and
(m)
Every body-rub parlour shall be constructed in accordance with the Ontario
Building Code (as amended) and every Applicant for an Owner's license
shall provide the Licensing Officer with such drawings as may be required
to assess compliance in this regard.
5. (a)
No Owner or Operator may permit a body-rub parlour to be open for
Business and no Attendant at a body-rub parlour shall provide body-
rubs in a body-rub parlour except between the hours of 9:00 a.m. and
9:00 p.m. on any given day:
(b)
Every Owner, Operator and Attendant shall ensure the hours of
operation of the body-rub parlour are posted on a Sign in a conspicuous
place, visible from the outside of the Premises; and
(c) The provisions of section 6(a) of this By-law are not applicable to a Health
and Social Club.
6.
No Person may own or operate a body-rub parlour:
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(a)
within five hundred (500) meters of any residential zone in existence when
the application for license is submitted to the City;
(b)
within five hundred (500) meters of any School, church or child day care
centre in existence when the application for license is submitted to the
City;
(c)
within one (1) kilometre of any other body-rub parlour in existence at the
time when the application is submitted to the City, regardless of whether
such other body-rub parlour is licensed or not.
7.
The number of body-rub parlours which may be licensed within the City of
Markham shall be limited to ten (10).
8.
Every body-rub parlour license shall have endorsed thereon the location of a body-
rub parlour and such endorsement shall be for one location only and such license
shall be valid only for the location endorsed thereon.
(a)
Every body-rub parlour Owner's, Operator's and Attendant's license
shall have endorsed thereon the location of the body-rub parlour which
they own or at which they work and such license shall be valid only for
the locations endorsed thereon; and
(b)
Where an Operator or Attendant requires the endorsement of an
additional location after issuance of a license, the Operator or Attendant
must first produce a copy of the written contract for Services with the
Owner of the additional location.
9.
Every Applicant shall appear in Person before a Licensing Officer and shall
complete such license application forms as may be provided from time to time by
the Licensing Officer in accordance with the requirements of this By-law and
shall provide all information requested thereon, such information to include a
Canadian Police Clearance Letter dated within thirty (30) days of the date of the
application. In the case of a body parlour owned by a partnership such appearance
shall be made by one of the partners, provided the application shall be signed by all
of the partners and in the case of a body-rub parlour owned by a corporation, such
appearance shall be made by an officer of the corporation and not by an agent
thereof.
10.
Every Applicant for a license, where such Applicant is a natural Individual, shall
provide two (2) passport size photographs, which must be taken within thirty (30)
days of the license application. Where the Applicant is a corporation, such
photographs shall be taken of an officer of the corporation. Where the Applicant
is a partnership, such photograph shall be taken of one of the partners.
11.
Every Applicant shall provide the Licensing Officer with a written contract for
SERVICES between an Owner of the body-rub parlour and the Applicant and
signed by the licensed Owner of the body-rub parlour contained in the application.
12.
Every Applicant for an Attendant's license shall provide the Licensing Officer
with a medical certificate from a qualified doctor dated within thirty (30) days of
the date of the application, indicating that the Applicant is free from
communicable or transmissible diseases.
13.
At the time of submission of their application, every Applicant shall pay to the
City the fee set forth in By-law No. 2002-292 as amended, provided such fee shall
not be reduced in the event that the period for which the license is granted is less
than one year. Fifty percent of such fee is refundable in the event that an
application is not accepted for licensing.
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14.
Receipt of the application and/or the license fee by the City shall not represent
approval of the application for the issuance of a license nor shall it obligate the
City to issue such license.
15.
The making of a false or intentionally misleading recital of fact, statement or
representation in any agreement, statutory declaration or application form
required by this By-law shall be deemed to be a violation of the provisions of
this By-law.
16.
Every Person shall comply with the provisions of this By-law applicable to him
whether or not he is licensed under this By-law.
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SCHEDULE 10 - CHARITY CLOTHING
DONATION BINS
1.
DEFINITIONS:
``Charity`` shall mean a registered Charity as defined in subsection 248(1) of
the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), or successor legislation, that
has a registration number issued by the Canada Revenue Agency, or successor
agency.
``Clothing Donation Bin`` shall mean any receptacle used for the purpose of
collecting clothing, donated by the public, on an ongoing basis and as part of the
regular activity of the Operator which is a registered Charity.
``Land`` shall mean grounds, yards and vacant and developed lots.
``Work Order`` shall mean an order issued under this by-law to the Owner of a
property requiring the Owner who contravened the by-law or who caused or
permitted the contravention or the Owner of the Land on which the
contravention occurred to do work to correct the contravention.
2.
REGULATIONS
2.1
Every applicant for a licence and for the renewal of a licence issued under this
By-law must be a registered Charity under the Income Tax Act, R.S.C. 1985, c.
1 and in addition to the standard licensing requirements shall:
(a) provide proof of insurance in an amount of at least two million ($2,000,000)
dollars;
(b) provide a letter of permission from the property owner for installation of
said donation boxes on the property; and
(c) provide a sketch and description of the location on the private property for
the proposed Clothing Donation Bin.
(d) Provide upon application and renewal of a licence, the most recent
Complete Return as prescribed by the Canadian Revenue Agency including
but not limited to the following forms:
(i) Form T3010, Registered Charity Information Return
(ii) Form TF725, Registered Charity Basic Information Sheet
(iii) Form T1235, Directors/Trustees and Like Officials Worksheet
(iv) Form T1236, Qualified Donees Worksheet / Amounts Provided to
Other Organizations
(v) Form T2081, Excess Corporate Holdings Worksheet for Private
Foundations financial statements (even if the charity was not active)
2.2
No Owner shall place a Clothing Donation Bin:
(a) on any street or property owned or maintained by the City; or
(b) on any property zoned residential or industrial.
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2.3 Clothing Donation Bins shall only be placed:
(a) on private property in a common area, grouped together and approved by
and to the satisfaction of the City; and
(b) set back 1 metre from all property lines, so as not to restrict sight lines from
nearby driveways or pathways.
2.4 Every Ownerwho operates more than one Clothing Donation Bin shall, subject
to the provisions of this By-law and subject to the payment of the fee prescribed
in the Licensing Permit and Service Fee By-law, obtain a separate endorsement of
his or her licence for every Clothing Donation Bin he or she operates.
2.5 No Owner shall operate a Clothing Donation Bin in any location other than the
location in respect of which the licence or endorsement has been issued.
2.6 An Owner who wishes to move a Clothing Donation Bin may apply for an
amendment to the licence or endorsement issued in respect of such Clothing
Donation Bin by:
(a) paying the fee prescribed in the Licensing Permit and Service Fee By-law;
and
(b) providing proof satisfactory to the Licensing Officer or his or her designate
that the Owner has permission from the property owner to operate the
Clothing Donation Bin at that location.
2.7
Every Owner shall ensure that the Clothing Donation Bin is clean, in good
repair and is free of graffiti and shall ensure that all areas immediately adjacent
to the Clothing Donation Bin are clean and free of garbage.
2.8
Every Owner shall:
(a) display the name of the Owner in a conspicuous place on the Clothing
Donation Bin, in lettering no smaller than 100 millimetres x 75 millimetres,
and of a contrasting colour;
(b) display the Registered Charity Number on the Clothing Donation Bin in
lettering no smaller than 100 millimetres x 75 millimetres, and of a
contrasting colour;
(c) affix and maintain the sticker issued by the City on a conspicuous part of
the Clothing Donation Bin throughout the period for which the licence or
endorsement is valid;
(d) provide a list of the number and locations of all of his or her Clothing
Donation Bin in the City; and
(e) ensure that the information filed under Subsection (c) is complete and
accurate at all times and shall forthwith notify City of any changes to the
information filed.
2.9
An M.L.E.O. may enter upon any Land at any reasonable time with proper
identification to determine if the licensee is complying with the provisions of
this by-law.
2.10
Where a Clothing Donation Bin is not maintained in accordance with the
requirements of this Bylaw:
(a) the City may serve the Owner a Work Order in writing directing the
Owner of the Clothing Donation Bin to bring the Clothing Donation Bin
into conformance with the requirements of this By-law; and
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(b) the Owner shall repair, remove or clean up all contraventions identified on
the Work Order within seven (7) days of the Work Order being served.
2.11
The Work Order from the City may be:
(a) served personally upon the Owner or
(b) mailed by regular mail to the last known address of the Owner according to
the current assessment rolls.
2.12
If served by regular mail, a Work Order under subsection 12(b) shall be
deemed to have been served on the fifth day after mailing.
2.13
Where an Owner, having been served with a Work Order, fails to comply with
the Work Order within the time specified, an M.L.E.O. or the City's employees
or agents authorized for this purpose may, upon producing appropriate
identification when requested, enter onto the Land at a reasonable time and
carry out any or all of the work described in the Work Order.
2.14
The municipal service fees for the administration and enforcement of this By-
law shall be in accordance with the Town's Licensing Permit and Service Fee
By-law and any revisions thereto.
2.15
Service fees for the administration and enforcement of this By-law may be
applied when a contravention has been confirmed by an M.L.E.O.
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SCHEDULE 11 - DRIVEWAY
PAVING CONTRACTORS
1.
DEFINITIONS:
"Contractor" means a Driveway Paving Contractor;
"Driveway" means a defined area that is paved or treated with a stable surface
that provides access for motor vehicles from a public or private street to a
Private Garage or Parking Pad;
"Driveway Paving Contractor" means a Person engaged in the Business of
Paving or sealing Driveway surfaces on privately owned property which may
include municipal boulevards adjacent to such private property, including the
altering of property in preparation for Paving;
"Parking Pad" means an open area of land other than a Driveway, that is paved
or treated with a stable surface used for the parking of motor vehicles;
"Paving" is the surface of a Driveway or Parking Pad constructed using
materials such as asphalt, concrete and interlocking stone;
"Private Garage" means an enclosed building or part thereof, designed and
used for the storage of one or more motor vehicles.
2.
DEFINITIONS:
2.1
Every application for a Licence shall include:
(a)
a certificate of liability insurance in a minimum amount of two million
dollars ($2,000,000) endorsed to Provide the Licensing Officer at least
ten (10) days notice in writing prior to cancellation, expiration or change
of the policy, and the City of Markham named as an additional insured
party;
(b)
valid Clearance Certificate issued by Workplace Safety and Insurance
Board of Ontario applicable to the Applicant's Business;
(c)
a copy of the stationary the Applicant intends to use in making contracts,
including such information as the Contractor's name, address and
telephone number;
(d)
a copy of the H.S.T. Registration applicable to the Applicant's Business;
(e)
completion of a training and education session provided by the
Licensing Officer; and
2.2
Every Person licensed or required to be licensed under this By-law shall:
(a)
have printed or otherwise Displayed on both sides of all vehicles owned,
leased or operated during the course of Business, in figures no less than
10 centimetres (4 inches) in height, the Driveway Paving Contractor's
name and Licence number;
(b)
have printed on all Business stationery, forms, bills, statements and
advertising materials, the Driveway Paving Contractor's name,
Business address, telephone number and license number;
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(c)
enter into a written contract with the Person for whom the work is being
done before commencing any work, such contract to include;
i)
name, address, telephone number and Licence number of the
Licensee;
ii)
the name and phone number of the Person for whom the work is
being done;
iii)
the address where the work is to be done;
iv)
a description of the materials and Services to be supplied,
including the depth of asphalt, concrete, gravel or other material to
be applied (this description may be supplemented by a sketch);
v)
an area site plan indicating the dimensions of Driveway on the
property to be paved;
vi)
the itemized price for the materials and Services to be supplied;
vii)
detailed statement of the terms of payment;
viii)
warranties or guaranties, if any; and
ix)
the estimated date of completion.
(d)
give a copy of the contract referred to in subsection 2.2 (c) to the Person
for whom the work is being done;
(e)
ensure that all materials or substances used by the Contractor are
contained on the property for which the contract applies;
(f)
obtain written permission for the placement of materials on the property
other than that for which the contract applies;
(g)
obtain all permits and approvals required by law prior to the
commencement of any work; and
(h)
comply with all laws, including City of Markham By-laws as amended.
2.3
No Person shall:
(a) carry on the Business of a Contractor in the City without a Licence to
do so issued by the City of Markham;
(b) hold themselves out as being licensed to carry on the Business of a
Contractor if the Person is not so licensed; and
(c) carry on Business of a Contractor under any name other than the name
for which the Licence is issued.
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SCHEDULE 12 - RELATING TO DRY CLEANERS
1.
DEFINITIONS:
"Dry Cleaning Depot" means any Premises used for the purpose of
collecting, receiving or returning clothes or material upon which cleaning
work is to be or has been done whether or not such dry cleaning depot is
part of or connected with Premises wherein such cleaning work is
carried out.
2.
REGULATIONS:
2.1
All such Premises, which are not the principal or controlling Premises,
shall have a Signs containing the name and address of the principal
Premises controlling such Dry Cleaning Depot or for whom the
cleaning work is received.
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SCHEDULE 13 - RELATING TO FOOD PREMISES
1.
DEFINITIONS:
"Eating Establishment" means a building or place where food and drink
are prepared and offered for sale for takeout or to be consumed on the
Premises; and
"Foodstuffs" means an edible commodity meant for human
consumption and shall include but not be limited to items dispensed from
vending machines.
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SCHEDULE 14 - RELATING TO THE SALE
AND DISCHARGE OF FIREWORKS
1.
DEFINITIONS:
"Explosive Acts" means the Explosives Act c.E-17 R.S.C. 1993, as
amended and regulations thereto;
"Firecracker" means a pyrotechnic device that explodes when ignited
and does not make any subsequent Firecracker or visible effect after the
explosion but does not include paper caps containing not more than
twenty five one-hundredths of a grain of explosive on average per cap,
devices for use with such caps, safety flare or marine rockets;
"Fireworks" means Firecracker Firework, family Firework and
Theatrical Firework;
"Firework, Firecracker" means high-hazard Firework for recreation,
including Firecrackers, that are classified under Class 7, Division 2,
Subdivision 1 under the Explosives Act and the Explosives Regulations
made there under and includes, but is not limited to, rockets, serpents,
shells, bombshells, tourbillion, maroons, large wheels, bouquets,
barrages, bombardos, waterfalls, fountains, batteries, illuminations, set
pieces and pigeons;
"Firework Family means low-hazard Firework for recreation that are
classified under Class 7, Division 2, Subdivision 2 of the Explosives Act
and the Explosives Regulations made there under, and includes but is not
limited to Firework showers, fountains, golden rain, lawn lights,
pinwheels, roman candles, volcanoes, sparklers, and other similar
devices, but does not include Christmas crackers and paper containing
not more than twenty five one-hundredths of a grain of explosive on
average per cap, devices for use with such caps, safety flares or marine
rockets;
"Firework, Prohibited" includes but is not limited to cigarette loads or
pings, exploding matches, sparkling matches, ammunition for miniature
tie clip, cufflink, or key chain pistols auto alarms or jokers, cherry
bombs, M-80 and silver salutes and flash crackers; throw down and step
on torpedoes, and crackling balls; exploding golf balls, stink bombs and
smoke bombs, tear gas pens and launchers, party peppers and table
bombs, table rockets and battle sky rockets, fake Firecrackers and other
trick devices or practical jokes, as included on the most recent list of
Prohibited Firework, as published from time to time under the
Explosives Act;
"Firework Supervisor" means a Person certified as a technician under
the Explosives Act to conduct Firecrackers of Fireworks;
"Fireworks Theatrical" means an authorized explosive of a class set out
in Section 6 of the Explosives Act, Explosives Regulations (C.R.C.
c.599), that is made, manufactured or used to produce a pyrotechnic
Theatrical effect in connection with a motion picture, theater or
television production or with a, or as a performance, before a live
audience;
"Magazine" means Magazine as defined in the Explosives Act.
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"Mobile Sales Premises" means a mobile or portable premise from
which Fireworks are sold and includes a trailer, roadside stand and a
motor vehicle;
"Permit" means a permit to Discharge Fireworks issued pursuant to this
By-law;
"to Discharge", when used in relation to Fireworks, Prohibited
Fireworks and Firecrackers, includes firing, igniting, exploding and
setting-off such articles; and
"to Sell" includes offering for sale, causing or permitting to be sold and
possessing for the purpose of sale.
2.
REGULATIONS:
2.1
No Person shall Sell Fireworks unless:
(a) the Fireworks are included on the most recent list of authorized
explosives as published from time to time by the Explosives Branch
of Natural Resources Canada, or their successors;
(b) the Fireworks are Displayed for sale in a package, glass case or
other suitable receptacle away from inflammable goods;
(c) the Fireworks are Displayed in a place where they are not exposed
to the rays of the sun or to excess heat or adjacent to any exit door;
(d) all vendors of Fireworks in the City of Markham must Firecracker
and make available to purchasers of Fireworks, a manufacturer's
brochure outlining the safe handling of Fireworks;
(e) within 6 metres of every location from which Fireworks are sold or
stored for the purposes of sale shall be designated and posted as a "non-
smoking" area and no Person may smoke or ignite any flammable
material, or have in his possession any lighted match, lighter, pipe,
cigar, cigarette, open flame or spark emitting device in such area;
(f) to any Person under the age of eighteen years; and
(g) any employee to Sell Fireworks without first instructing such
employee in the regulations of this By-law and ensuring that such
employee complies with these regulations.
2.2
In addition to the regulations affecting the sale of Fireworks, no Person
shall Sell Family Fireworks unless:
(a)
the Fireworks are Displayed for sale in lots that do not exceed 25
kilograms each in gross weight;
(b)
the Fireworks are Displayed in a place where they are not exposed
to the rays of the sun or to excess heat or adjacent to any exit door;
(c) the Fireworks Displayed in any shop window are mock samples
only and shall not contain explosive composition.
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2.3
No Person shall:
(a) Sell Family Fireworks or possess Family Fireworks for the
purpose of sale, except on Victoria Day, Canada Day, and each of
the seven days immediately preceding Victoria Day and Canada
Day; and
(b) any unsold Fireworks must be returned to the manufacturer within
seven days immediately following Victoria Day and Canada Day.
2.4.
In addition to the regulations affecting the sale of Fireworks, no Person
shall Sell Fireworks from a Mobile Sales Premises except in
accordance with the following regulations:
(a) the weight of Fireworks stored at the Mobile Sales Premises cannot
exceed 1,000 kilograms unless the vendor is licensed by Natural
Resources Canada Explosives Division;
(b) not less than two (2) Signs must be posted in prominent locations on the
outside of the Mobile Sales Premises indicating that Persons may not
smoke or ignite any flammable material, or have in their possession
any lighted match, lighter, pipe, cigar, cigarette, open flame or spark
emitting device within 6 metres of the Mobile Sales Premises;
(c) may not be located within twenty (20) meters of any road or occupied
parking space and may not be located within forty (40) metres of any
occupied building, or any Dwelling or gas station;
(d) the public shall not be permitted to enter any Mobile Sale Premises for
the purpose of purchasing Fireworks unless there are at least two
operational doors providing means of access to and egress from the
Mobile Sale Premises;
(e) more than fifteen (15) customers are not permitted in a Mobile Sale
Premises at the same time;
(f)
any portable power supply to the mobile sales trailer must be located
not less than twelve (12) metres from the Mobile Sale Premises;
(g) with the exception of its entrance and exit, every Mobile Sale Premises
shall have a "no encroachment zone" of at least 6 metres established
around its perimeter by means of a barrier, such as snow fencing or
pylons or other material satisfactory to the Licensing Officer to
exclude the public from this area; and
(h)
every vendor of Fireworks from a Mobile Sales Premises shall
keep their Licence certificate issued in respect of this By-law
posted in a conspicuous place on the Mobile Sales Premises, at all
times during the currency of the Licence.
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SCHEDULE 15 - RELATING TO PUBLIC GARAGES,
INCLUDING CAR REPAIRS, GASOLINE SALES,
CAR WASHES AND CAR RENTAL AGENCIES
1.
DEFINITIONS:
Public Garage includes a parking station or parking lot where a charge is
made for such service, a building or place where motor vehicles are hired
or kept or used for hire, a building or place where gasoline or oils are
stored or kept for sale, a building or place used as a motor vehicle repair
shop and a building or place used for washing or cleaning motor vehicles.
2. REGULATIONS:
2.1 Every Premises licensed under this By-law shall be kept neat and clean and
clear of rubbish. Metal (or other non-combustible) containers with self-
closing covers shall be conveniently placed for the deposit of waste and
rubbish and the contents of such containers shall be emptied and disposed of
immediately at the close of each day's activities.
3.1 No Person shall:
(a) permit the engine of a motor vehicle in any building to run unless
adequate ventilation is provided to ensure dilution of any carbon
monoxide fumes;
(b) permit the drainage of surface processed water across any sidewalk or
pedestrian way;
(c) permit any vehicle to remain continuously without lawful excuse at or
upon the Premises for more than 24 hours unless he reports such
occurrence forthwith to the nearest police station; and
(d) use or permit his Premises to be used for the purpose of wrecking motor
vehicles.
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SCHEDULE 16 - RELATING TO GOLF DRIVING RANGES
1. DEFINITIONS:
"Golf Driving Range" means a place where people practise hitting golf
balls.
2. REGULATIONS:
2.1 A description of the place where the Golf Driving Rangeis to be located,
its frontage, depth and the distance from the place of driving to the
boundary of the adjoining property; and
(a)
Whether or not any buildings are to be erected on the proposed
range, and if so, a general description of such buildings;
(b)
Any provisions that have been made for the protection of the
adjoining property Owners from damage by reason of the operation
of the Golf Driving Range.
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SCHEDULE 17 - RELATING TO
HORSE RIDING ESTABLISHMENTS
1.
DEFINITIONS:
"Assistant Instructor" means a Person who has attained the age of
sixteen (16) years and has at least three (3) consecutive year's experience
with Horses in the immediately preceding five (5) years and who is
supervised by an Instructor;
"Assistant Instructor" means a Person who has attained the age of
sixteen (16) years and has at least three (3) consecutive year's experience
riding and working with Horses at a Trail Riding Establishment, in the
immediately preceding five (5) years;
"Drug" means a substance as listed in Schedules I, II, III, IV, or V to the
Controlled Drugs and Substances Act S.C. 1996, c.19, as may be
amended from time to time;
"Horse Riding Establishment" means the carrying on of BUSINESS in
the equine industry and is further divided into the following disciplines:
"Trail Riding Establishment" means the carrying on of a Business
where Horses are let out for hire for recreational riding for payment,
either at a permanent or temporary location;
"Instructional Riding Establishment" means the carrying on of a
Business where Horses are let out for hire for providing instruction for
payment, either at a permanent or temporary location or where
instruction is provided in Horse riding where the Horse is boarded or
part boarded by such establishment;
"Head Trail Guides" means a Person who has attained the age of
eighteen (18) years and has at least three (3) consecutive year's
experience in assisting/or leading trail rides during the immediately
preceding five (5) years;
"Horse" means any animal of the equine species;
"Instructor" means a Person who has attained the age of eighteen (18)
years and has at least five (5) consecutive year's experience in riding or
Horse training in the immediately preceding seven (7) years or a Person
who has been certified by the Ontario Equestrian Federation, Canadian
Equestrian Federation, Canadian Therapeutic Riding Association,
Certified Horseman's Association, the British Horse Society, or other
credited Equine Association or Institution;
"Lead Line Ride" means a single Horse led by a walking adult holding
the Horse's lead rope;
2.
REGULATIONS:
2.1
No Person shall carry on the Business of a Trail Riding Establishment:
(a)
and rent a Horse to a Person under the age of eighteen (18) years
unless that Person is wearing a designated riding helmet which is
properly fitted and fastened securely upon the rider's head by an
attached harness, at all times while that Person is mounted on a
Horse;
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(b)
and rent a Horse to a Person unless that Person is wearing
properly fitting, hard and smooth soled footwear with a defined
heel or proper riding footwear with a defined heel;
(c)
and conduct trail riding with less than one (1) Head Trail Guides
for the first six (6) Persons and an Assistant Instructor for every
additional six (6) Persons;
(d)
and conduct trail riding without a Head Trail Guide or Assistant
Instructor carrying, at all times, a two-way communication
device where its signal will be received by another Head Trail
Guide or Assistant Instructor who is not also on the same trail
ride;
(e)
and permit more than one Person to ride a Horse at the same
time except for disabled riders with special needs within a
designated controlled environment;
(f)
and rent a Horse unless that Horse is known to be safe, sound
and schooled for the purposes intended and appropriately suited
to the rider's size and ability;
(g)
and rent a lame, sick or blind Horse,
(h)
and rent a Horse unless the Horse is a minimum of three (3)
years of age and the Horse has one (1) year of schooling unless
that Person is the Owner of that Horse; and provided that
Horses rented between three (3) years of age and (6) years of age
shall have proof of an annual (minimum) dental inspection by an
equine dentist or veterinarian;
(i)
and permit any Person with less than fifty-two (52) hours riding
experience to mount or dismount a Horse for the purpose of trail
riding unless that Horse is held at the bridle by an employee or
volunteer of the Person carrying on the Business and who is
supervised by a Head Trail Guide; or
(j)
and rent to a Person to ride a Horse where that Person is taking,
consuming, possessing or is, or appears to be, intoxicated by
alcohol or a Drug on any Premises used for the carrying on of
the Business of a Trail Riding Establishment.
2.2
No Person shall carry on the Business of an Instructional Riding
Establishment:
(a)
and instruct a Person under the age of eighteen (18) years to ride
a Horse unless that Person is wearing a designated riding helmet
which is properly fitted and fastened securely upon the rider's
head by an attached harness, at all times while that Person is
mounted on a Horse;
(b)
notwithstanding Section 2.16, for the purposes of dressage or
precision riding performed as part of a special event where
ceremonial dress is worn by all riders, the requirements under
Section 2.16 will not apply;
(c)
and rent a Horse to a Person unless that Person is wearing
properly fitting, hard and smooth soled footwear with a defined
heel or proper riding footwear with a defined heel;
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(d)
and permit more than one Person to ride a Horse at the same
time except for special needs instructions for disabled riders;
(e)
and rent a Horse unless that Horse is known to be safe, sound
and schooled for the purposes intended and appropriately suited
to the rider's size and ability;
(f)
and rent a lame, sick or blind Horse;
(g)
and instruct a Person to ride a Horse unless the Horse is a
minimum of three (3) years of age and has one (1) year of
schooling unless that Person is the Owner of that Horse, and
provided that Horses rented between three (3) years of age and
(6) years of age shall have proof of an annual (minimum) dental
inspection by an equine dentist or veterinarian;
(h)
and permit any Person with less than fifty-two (52) hours riding
experience to mount or dismount a Horse for the purpose of
instructional riding unless that HORSE is held at the bridle by an
employee or volunteer of the Person carrying on the Business
and who is supervised by an Instructor; or
(i)
and rent to a Person to ride a Horse where that Person is taking,
consuming, possessing or is, or appears to be, intoxicated by
alcohol or a DRUG on any Premises used for the carrying on of
the Business of a Instructional Riding Establishment.
2.3
Provided that Subsections 2.16 and 2.16 of this By-law shall not apply
where a rider has been provided with proper functioning and
appropriately sized hooded stirrups, safety stirrups which are designed to
prevent a rider's foot from passing through or becoming wedged in the
stirrup or stirrups which are designed to break-away when a rider falls
from the Horse.
2.4
No Person shall instruct Persons in the riding of Horses at an
Instructional Riding Establishment unless:
(a)
they have attained the age of eighteen (18) years and they
have at least five (5) consecutive year's experience in riding
or training Horses during the immediately preceding seven
(7) years; or
(b)
they have attained the age of eighteen (18) years and they
have been certified by the Canadian Equestrian Federation,
Ontario Equestrian Federation, Canadian Therapeutic Riding
Association, Certified Horseman's Association, British Horse
Society or other credited Equine Association or Institution.
(c)
Notwithstanding the provisions of Section 19 of this By-law,
a Person shall be permitted to assist in the instruction of
Persons in the riding of Horses at an Instructional Riding
Establishment where:
i)
they have attained the age of sixteen (16) years
ii)
they have at least three (3) consecutive year's
experience with Horses in the immediately
preceding five (5) years; and
iii)
they are under the supervision of an Instructor
who meets the qualifications as provided for of
this By-law.
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2.5
No Person shall conduct or lead a trail ride at a Trail Riding
Establishment unless they have attained the age of eighteen (18) years
and they have at least three (3) consecutive year's experience assisting or
leading trail rides in the immediately preceding five (5) years. All Head
Trail Guides employed by a Trail Riding Establishment must hold a
current certification in first aid and cardiopulmonary resuscitation and
shall maintain a fully stocked first-aid kit on the Premises.
2.6
No Person shall assist the Head Trail Guide on a trail ride at a Trail
Riding Establishment unless they have attained the age of sixteen (16)
years and they have at least three (3) consecutive year's experience
riding or working with Horses at a Trail Riding Establishment in the
immediately preceding five (5) years. All Assistant Instructors
employed by a Trail Riding Establishment must hold a current
certification in first aid and cardiopulmonary resuscitation.
2.7
No Person shall instruct or assist in the instruction of Persons in the
riding of Horses at an Instructional Riding Establishment or conduct
or lead or assist in the conducting or leading of a trail ride at a Trail
Riding Establishment while taking, consuming, and possessing or
being, or appearing to be, intoxicated by alcohol or a DRUG.
2.8
No Person shall carry on the Business of a Trail Riding Establishment
and rent to a Person under the age of ten (10) years a Horse for the
purpose of trail riding.
2.9
Notwithstanding the provisions of this By-law, a Person who carries on
the Business of a Trail Riding Establishment may rent to a Person
who has attained the age of at least six (6) years to lead Line Ride a
Horse where the Horse is led by a capable walking adult who is in
control of the Horse.
2.10
Where the Person is under the age of six (6) years, the Lead Line Ride
will be led by a capable walking adult who is in control of the Horse and
accompanied by a walking spotter.
2.11
No Person shall carry on the Business of a Horse Riding
Establishment on Premises without keeping that portion of the said
Premises ordinarily used for the riding of Horses clear of all ground and
over-hanging obstructions. Where said obstructions cannot be cleared,
the Person carrying on the Business of a Horse Riding Establishment
shall barrier these obstructions such that Horses and riders will not come
in contact with them.
2.12
Prior to beginning instruction or conducting or leading a trail ride, the
Instructor, Head Trail Guide or an Assistant Instructor assigned to
that instruction or ride, as the case may be, shall examine the condition
and fit of all equipment to be used by each rider to ensure that it is clean,
supple, well-fitting, secure and fully functional.
2.13
Prior to conducting or leading a trail ride, the Head Trail Guide or an
Assistant Instructor assigned to the ride, as the case may be, shall
provide basic information on the handling of a Horse and the basics of
riding a Horse.
2.14
A Premises which contains a Trail Riding Establishment shall contain
a Sign, to be created and erected at the expense of the Licence
application/holder, with lettering a minimum of one half (½) inch in
height and the location of which shall be as approved by the Municipal
Clerk, and which is in the form as prescribed by Schedule "A".
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2.15
A Premises which contains an Instructional Riding Establishment
shall contain a Sign, to be created and erected at the expense of the
licensed application/holder, with letter a minimum of one half (½) inch in
height and the location of which shall be approved by the Municipal
Clerk, and which is in the form as prescribed by Appendix "B".
2.16
All Head Trail Guides and Assistant Instructors employed by a Trail
Riding Establishment must hold a current certification in first aid and
cardiopulmonary resuscitation and shall maintain a fully stocked first-aid
kit on the Premises. A qualified first aid provider, with current
certification in first aid and cardiopulmonary resuscitation, must be
available whenever lessons are being conducted at an Instructional
Riding Establishment and a fully stocked first-aid kit must be
maintained on the Premises.
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SCHEDULE 18 - RELATING TO PUBLIC HALLS
1.
DEFINITIONS:
"Public Hall" means a building, including a portable building or tent
with a seating capacity of over one hundred Persons, that is offered for
use or used as a place of public assembly, but does not include a theatre
within the meaning of the Theatres Act, or a building, except a tent, used
solely for religious purposes.
2.
REGULATIONS:
2.1
No Licence fee shall be payable under this By-law by any religious
organization in respect of a hall used for entertainment given or held by
it, but every such hall shall in all other respects comply with this By-law.
2.2. In addition to any other requirements in this By-law, every application for
a Public Hall Licence shall be accompanied by:
(a)
a statement on the form provided giving such particulars as to the
location, size and construction of the hall, together with a plan of the
proposed seating arrangement, as may be required;
(b) a certificate signed by the Fire Chief or his designee certifying that he has
inspected the building in respect of which the application is made and
has found that it is in accordance with this By-law as to fire safety
precautions;
(c)
a certificate signed by the Building Director or his designee certifying
that the operation of a hall in the location applied for is approved by him
and that he is satisfied with the proposed use of the building or part
thereof as a Public Hall and with the proposed methods of operations;
(d) a certificate dated within three months of the application signed by the
local inspector of the Hydro certifying that the electrical wiring has been
inspected and found satisfactory; and
(e) a certificate from the Medical Officer of Health, may be required
certifying that the Premises to be licensed are in a proper sanitary
condition and that adequate sanitary facilities are provided for the use of
patrons thereto;
2.3. The issue of every Public Hall Licence shall be subject to the following
:
(a)
the Licensing Officer or other Person designated by the municipality
may, at any time, order the evacuation of a Public Hall when the
occupants of the Public Hall are, in his opinion, endangered by a
hazardous condition, and the Licensing Officer or other such designated
Person may enter the hall at any time in order to ascertain such
condition;
(b)
The Licensee of a Public Hall shall not permit a greater number of
Persons to enter or be in the hall at any time than the stated maximum
capacity on the Licence, which maximum capacity shall be determined
by the number of seats provided; and
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(c)
The Owner of every Public Hall shall Firecracker in a prominent
place in the entranceway, placards with the following wording on
letters not less than two inches high:
"OCCUPANCY OF THIS HALL BY MORE THAN_____PERSONS
IS DANGEROUS AND UNLAWFUL".
with the blank filled in with the maximum capacity as stated on the
Licence and placards stating the location of the nearest telephone, the
telephone number of the fire department and the location of the nearest
fire alarm box or fire hall.
2.4.
Metal containers with self-closing covers shall be provided and
conveniently placed for the deposit of used paper towels and rubbish and
the contents of every such container shall be emptied and disposed of
immediately following the use of the hall.
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SCHEDULE 19 - RELATING TO SALVAGE
SHOPS AND YARDS
1.
DEFINITIONS:
"Salvage Yard" includes a building or place used as an automobile
wrecking yard;
"Salvage Shop" includes a building or place used for the collection,
purchase, keeping or Selling of Second Hand Goods and merchandise
such as waste paper, rags, bones, bottles, bicycles, automobile tires, old
metal, scrap material, appliances, furniture, clothing, jewellery, sporting
goods, and other articles of value;
"Second Hand Dealers" includes Persons who go from house to house
or along highways for the purpose of collecting, purchasing or obtaining
Second Hand Goods.
2.
REGULATIONS:
2.1
Every Premises licensed under this By-law shall be kept neat and clean
and clear of rubbish. Metal (or other non-combustible) containers with
self-closing covers shall be provided and conveniently placed for the
deposit of waste and rubbish and the contents of such containers shall be
emptied and disposed of immediately at the close of each day's activities.
2.2
No Person shall:
(a) purchase, take in exchange or receive any goods, article or thing from
any Person who appears to be under the age of eighteen (18) years or
from any Person who appears to be under the influence of liquor;
(b) alter, repair, dispose of, or in any way part with any goods or articles
purchased or taken in exchange, until after the expiration of fifteen clear
days, exclusive of Sundays and holidays, from the date of purchase or
such exchange, and during these fifteen days the goods or articles so
obtained shall remain on the Premises in respect to which the license is
issued and kept in a separate location from goods previously purchased,
and shall be subject to inspection at any time during Business hours by
the Licensing Officer who may be accompanied by such other
PERSONS as in his judgment may be necessary for the identification of
goods reported or suspected of having been stolen;
(c) make an entry in a book to be kept for that purpose at the time of
purchase or immediately thereafter of all articles purchased. The entry
shall include the date and hour of purchase, a full description of the
article, the price paid therefore, the name, address and a description
(such as complexion - fair or dark - height, weight, age, colour of hair) of
the Person from whom the purchase was made and in cases of
automobiles, the make, model, serial number and license plate number
and in the cases of Salvage Yards in addition to the foregoing entry the
license number of the vehicle or vehicles making delivery of salvage to
the yard; and such book shall be made available for inspection to any
police officer at anytime.
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SCHEDULE 20 - RELATING TO RETAILERS OF
SECOND-HAND GOODS
1.
DEFINITIONS:
"Garage Sale" means a sale of goods from a residential premise where
the sale lasts no longer than two (2) days, the sale from that premise
occurs no more than two (2) times per year and the Second Hand
Vendor is either the user of the goods sold, or is one of not more than
three (3) households conducting a sale of goods used by the members of
those households or is a tenant or condominium association relating to a
residential building;
"Pawnbroker" means a Person who carries on the Business of taking
by way of pawn or pledge any article for the repayment of money lent
thereon and "Pawnbroker" includes a Person who offers a buy-back
service in relation to such articles;
"Salvage Yards" means a yard or premise in which bicycles, automobile
tires, old metal and other scrap material and salvage is received,
purchased, taken in, processed or otherwise dealt with and includes an
automobile wrecking yard or premise;
"Second Hand Goods" means any article that has been used for the
purpose for which it was designed and which is offered to or taken by a
Pawnbroker or a Second Hand Vendor for resale;
"Second Hand Vendor" means a Person who carries on the Business of
Selling goods by way of Retail that have previously been used for the
purpose for which such goods were designed and "Second Hand
Vendor" includes the Operator of a Salvage Yard and any Person who
travels from place to place to Sell Second Hand Goods;
"Seller" means a Person who Sells or who offers to Sell any Second
Hand Goods to a Pawnbroker or a Second Hand Vendor.
2.
REGULATIONS:
2.1
The provisions of this Schedule are not applicable to Second Hand
Vendor's who are engaged in the sale of goods for charitable purposes,
who are engaged in the sale of goods as part of a Garage Sale, whose
Second Hand Goods consist primarily of used books, maternity wear or
infant's accessories, whose Second Hand Goods consist of used
automobiles or whose Second Hand Goods consist of articles purchased
new and rented out in the normal course of Business by the Second
Hand Goods.
2.2. The provisions of this Schedule are not applicable to Second Hand
Vendors whose sale of goods is conducted by auction; provided such
Persons are licensed pursuant to the applicable Auctioneer's licensing
Schedule of the Town.
2.3
A Second Hand Vendors whose principle Business is the sale or
exchange of new and used electronic games shall:
(a) ensure that Second Hand Goods are received only in exchange for
new or used goods simultaneously with the same Person;
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(b) obtain and record photo identification from PERSONS over 16 years
of age who provide Second Hand Goods for exchange;
(c) ensure that an electronic tracking system is used to record and store for
no less than seven (7) years all information related to the exchange or
sale of Second Hand Goods, including the identification of the
Persons involved in such transactions; and
(d) permit or cause to permit the inspection of information contained in
this system by Persons described in section 6.3 of this Schedule.
2.4. No Person may be a Pawnbroker or a Second Hand Vendor or operate a
Premise except in accordance with the following regulations:
(a) No Person may receive Second Hand Goods from any Person who is
under the age of eighteen (18) years or from any Person who appears to be
under the influence of alcohol or illegal Drugs;
(b) No Person may receive Second Hand Goods from any Person on a
"holiday" as defined in the Interpretation Act, R.S.O. 1990, c.I.11 or
between the hours of 9:00 p.m. on one evening and 9:00 a.m. on the
following day. For the purposes of this subsection, "holiday" shall not
include a Sunday;
(c) No Pawnbroker or Second Hand Vendor may permit any employee to
work at a Premise without first instructing such employee in the regulations
of this Schedule and ensuring that such employee complies with these
regulations. Every Pawnbroker and Second Hand Vendor shall be
responsible for the acts or omissions of its employees in the carrying on of
the sale of Second Hand Goods and the Business conducted from the
Premise in the same manner and to the same extent as though such acts or
omissions were the acts or omissions of the Pawnbroker or Second Hand
Vendor.
(d) Every Pawnbroker and every Second Hand Vendor shall keep their
license certificate issued in respect of this Schedule posted in a conspicuous
place in the Premises in a manner satisfactory to the Licensing Officer, at
all times during the currency of the license;
(e) No Pawnbroker or Second Hand Vendor may engage any employee for
the purpose of acquiring or Selling Second Hand Goods without first
providing a Licensing Officer with a police clearance letter relating to that
employee and every Pawnbroker and Second Hand Vendor shall keep a
record of all PERSONS employed by them for the purpose of acquiring or
Selling Second Hand Goods; and
(f) In circumstances where a Seller refuses to Provide identification as
required in this By-law, or where identifying features of the Second Hand
Goods presented by a Seller have been removed or obliterated, or in other
circumstances which might lead to the inference that the Second Hand
Goods have been stolen, the Pawnbroker or Second Hand Vendor shall
not purchase such goods, shall attempt to ascertain the identity of the Seller
and shall contact the nearest police station as soon as is practicable to report
such circumstances.
2.5 No Pawnbroker or Second Hand Vendor may receive any second hand
good without first obtaining identification as required in this Schedule.
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2.6 For the purpose of identifying the Seller, the Pawnbroker or Second Hand
Vendor must be presented by the Seller with at least two (2) pieces of
identification and at least one piece of identification must be listed below
and must be integrated with a photograph of the Seller:
(a)
a valid driver's Licence;
(b)
a passport issued by the government of origin
(c)
a "Bring Your Identification Card" issued by the Alcohol and
Gaming Control Commission;
(d)
a Certificate of Indian Status issued by the Government of
Canada;
(e)
a Certificate of Canadian Citizenship issued by the Government
of Canada; or
(f)
a Conditions Release Card issued by Correctional Services of
Canada.
2.7 Where Second Hand Goods are obtained by a Pawnbroker or a Second
Hand Vendor from a Garage Sale, the recipient shall record the address of
the Garage Sale.
2.8 Where Second Hand Goods are obtained by a Pawnbroker or a Second
Hand Vendor from an auction, the recipient shall record the name and
address of the Auctioneer and, where such information is available, the
name and address of the former Owner of the goods being auctioned.
2.9. No Pawnbroker or Second Hand Vendor may receive any Second Hand
Goods without first maintaining a legible record of the following
information:
(a)
the day, month, year and time of the transaction;
(b)
the full name, sex, date of birth, address and approximate height
and weight of the Seller;
(c)
the full particulars of both pieces of the Seller`s identification
required to be presented pursuant to this Schedule;
(d)
a detailed description of each Second Hand Good that is
reasonably sufficient to identify it, including make, model, serial
numbers, markings or other identifying features as applicable;
(e)
the price paid by the Pawnbroker or Second Hand Vendor or
the value of goods exchanged for the Second Hand Good; and
(f)
the name of the employee who conducted the transaction
2.10
In circumstances where the Second Hand Goods consist of a number of
related or similar materials in the nature of a collection, the Pawnbroker
or Second Hand Vendor shall record the exact number of articles
received and any identifying features of such goods. In circumstances
where more than ten (10) such related or similar goods are received, the
exact number of articles received shall be recorded and the identifying
features of the ten (10) most valuable articles in the collection shall be
recorded.
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2.11
In circumstances where a system is in place with the York Region Police
Department for the automated recording of transactions in Second Hand
Goods and where the annual number of transactions in Second Hand
Goods occurring at any Premise exceeds 500, which transactions shall
include acquisitions or dispositions of such goods, the Licensing Officer
may require a Licensee to subscribe to and pay all costs associated with
maintaining an automated recording of such transactions in a manner
which communicates with the system maintained by the York Region
Police Department.
2.12
Where more than twenty (20) Second Hand Goods are purchased by a
Second Hand Vendor from any Person as part of a single transaction,
which Second Hand Goods do not consist of a number or collection of
related or similar materials, notwithstanding the provisions of subsection
5.1(4) a Second Hand Vendor shall not be required to record a detailed
description of each second hand good for which was paid less than ten
($10.00) and shall not be required to record a detailed description of each
second hand good that is offered by the Second Hand Vendor for re-
sale at less than thirty ($30.00) dollars.
2.13 If a Second Hand Vendor obtains an independent appraisal of value
relating to any Second Hand Good, the Second Hand Vendor shall
retain a copy of the appraisal for not less than thirty (30) days after the
appraised Second Hand Good is re-sold.
2.14
No Pawnbroker or Second Hand Vendor may Sell, exchange, alter,
melt or otherwise dispose of any Second Hand Good within the earlier of
thirty (30) days from the date of obtaining possession thereof or thirty
(30) days after providing an automated transaction record relating to
such Second Hand Good as required in this By-law and, during this
period, such goods shall be kept in the Premise used by the Pawnbroker
or Second Hand Vendor for the sale of Second Hand Goods and shall
be separate from and not commingled with other Second Hand Goods
in the same Premises.
2.15
Every Pawnbroker and every Second Hand Vendor shall during the
regular operating hours of the Premise and at all times when Second
Hand Goods are provided therein make available for inspection by the
Licensing Officer, a By-law enforcement officer or a peace officer, the
original of any document or record referred to in this By-law and shall
provide a photocopy thereof upon request.
2.16
Every Pawnbroker and every Second Hand Vendor shall, at all times
during the regular operating hours of the Premise and at all times when
Second Hand Goods are provided therein, permit the entry by and the
inspection of the Premise and of the Second Hand Goods of the
Pawnbroker or the Second Hand Vendor by the Licensing Officer, a
By-law enforcement officer or a police officer, together with such other
Persons who may be necessary to identify potentially stolen Second
Hand Goods.
2.17
In circumstances where a peace officer suspects that specified Second
Hand Goods were stolen, the police officer shall be entitled, upon
providing a receipt therefore, to remove such Second Hand Goods for
the purpose of criminal investigation, provided such Second Hand
Goods are either returned within sixty (60) days or further retained by
means of a Court Order.
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SCHEDULE 21 - RELATING TO SIGN INSTALLERS AND
THE ISSUANCE OF SIGN PERMITS
1.
DEFINITIONS:
"Mobile Sign" means a Sign that is designated so as to be capable of
being readily moved from one location to another, and is usually built on
a trailer or other solid framework with wheels and may include a double
faced readograph type Sign.
"Mobile Sign Installer" means a Person licensed or required to be
license that is in the Business of installing Signs that are moved from
one location to another, and is usually built on a trailer or other solid
framework with wheels and may include a double faced readograph type
Sign.
2.
REGULATIONS
2.1
A Person who, from a location outside the City carries on the Business
of leasing or renting Mobile Signs, shall be deemed to be carrying on
Business in the City if the Person locates or permits the location of
mobile Signs in the City.
2.2. Every Person who leases or rents a Mobile Sign that is to be located in
the City shall ensure that all required permits are obtained, prior to
placement of the Sign and that its placement is in accordance with any
permit issued.
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SCHEDULE 22 - RELATING TO THE CONDUCT
OF SPECIAL SALES EVENTS
1.
DEFINITIONS:
"Special Sale" includes any sale or offer to Sell goods, wares and
merchandise at Retail from a location at which the use of the Premises
for Retail sales is Prohibited or is not a permitted use under By-laws
passed by the Council under Section 34 of the Planning Act.
2.
REGULATIONS:
2.1
No Person shall Sell, offer to Sell or advertise for sale in any way, any
goods, wares or merchandise by way of Special Sales unless such
Person is the holder of a Licence issued under this By-law for such
purpose.
2.2
Each application for a Licence under the By-law shall be accompanied
by:
(a) the name, address and phone number of the Applicant, Operator, and
registered Owner of the Premises;
(b) the municipal address, legal description, and unit number(s) of the
Premises at which the special sale is to occur;
(c) a description of the goods to be sold, including the quantity and value of
the goods;
(d) identification of any goods that may be hazardous;
(e) a floor plan, indicating the total area of the Premises, showing the
arrangement of goods for sale, exits, and entrances to the Premises;
(f) dates when the Special Sale is to occur and the dates of the Licence
extension(s) when the application is for a Licence extension; and
(g) a statutory declaration of the Applicant or Operator and if the
Applicant or Operator is not the Owner of the goods to be sold, that
the Applicant is authorized to Sell goods on behalf of the Owner.
2.3
The Operator shall produce such books, records or other documents or
information as the Licensing Officer shall consider necessary to
corroborate any of the statements contained in the application, both
before and after the Licence is issued and shall permit the Licensing
Officer, at any reasonable hour, to inspect the goods to be sold and to
enter and inspect the Premises in which such goods are located or in
which the sale will be held.
2.4
Every Licence issued under this By-law except shall expire four (4) days
after the date of issue and the Operator is entitled to apply for and
receive, two further Licence extensions for additional (4) day periods,
provided there is a minimum (3) day break between each extension and
there is no more than thirty consecutive (30) days in the Licence period.
2.5
There shall be a minimum one hundred eighty (180) day period between
each Licence issued at the same municipal address.
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2.6
All advertising material distributed or published with respect to a Special
Sale, including each radio or television broadcast, shall contain a
statement that such sale is held under the authority of this By-law and
shall state the number and expiry date of the Licence issued hereunder.
2.7
The Licence shall be permanently posted on the Premises while the
Special Sale is held.
2.8
Notwithstanding anything herein contained, the Licensing Officer is
under no obligation to issue a Licence or a Licence extension under this
By-law if:
(a) any of the information or particulars set forth in the application or
statutory declaration of the Applicant or the Owner is false;
(b) the Special Sale is advertised or conducted in the application or in any
manner contrary to the provisions of this By-law; and
(c) the Operator refuses to produce any books, documents, records or other
information requested by the inspector, or refuses to permit the
Licensing Officer to inspect any goods or PREMISES in accordance
with the provisions of this By-law.
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SCHEDULE 23 - RELATING TO TEMPORARY VENDORS
1.
DEFINITIONS
"Designated Area" means an area designated for the purpose of selling
products there from and may include an area designated for the parking
of a vehicle or a portable display unit for the purpose of selling products
there from;
"Mobile Vendor" means:
(a)
a hawker or pedlar or any person who goes from place to
place or to a particular place with products for sale, or who
carries and exposes samples, patterns or specimens of any
products that are to be delivered in the municipality
afterwards; and
(b)
any corporation, partnership or association which has an
employee or agent who goes from place to place or to a
particular place with products for sale, or who carries and
exposes samples, patterns or specimens of any products that
are to be delivered in the municipality afterwards
"Portable Display Unit" means a push cart or other Portable Display
Unit not to exceed 2.32 square metres in dimension approved by this by-
law for the purpose of selling products;
"Products" include goods, wares, crafts, jewellery, refreshments,
foodstuffs, merchandise or any other items whatsoever;
"Retail" or "Retail Sale" means the sale of products in the ordinary
course of business;
"Sell" means to Sell for Retail, offer for Retail Sale, display, place or
expose any products for Retail Sale;
"Vehicle" means a vehicle or push cart from which products are sold;
and
"Vending" means: the supplying of any good or service.
2.
TYPES OF LICENCES
2.1
The Licensing Officer may issue the following types of licenses in
connection with the business of selling products from a portable display
unit or selling products by going place to place or to a particular place
(a)
Designated Area Vendor:
(b)
Designated Area Vehicle Vendor
(c)
Designated Area Portable Display Unit
(a)
Hawker or Pedlar.
3.
NUMBER OF LICENCES
3.1
A mobile vendor who is the owner or lessee of more than one vehicle
that is utilized for selling products shall be issued a vehicle licence plate
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for each vehicle that is owned or leased and operated for the purpose of
vending.
4.
AFFIXING THE LICENCE PLATE AND RENEWAL STICKER
4.1
No mobile vendor who is the owner or lessee of a vehicle that is utilized
for selling products shall fail to affix in a secure and visible manner to
the exterior of the vehicle the mobile vendor licence plate(s) issued by
the Licensing Officer or as otherwise approved by the Licensing
Officer.
4.2
No mobile vendor who is the owner or lessee of a vehicle that is utilized
for selling products shall fail to affix in a secure manner the licence
renewal sticker to the licence plates issued by the Licensing Officer.
5.
LICENSING REQUIREMENTS FOR MOBILE VENDOR
5.1
In addition to the general requirements for licensing established under the
City of Markham Mobile Business Licensing By-law, every Applicant
for a mobile vendor licence and for the renewal of a mobile vendor
licence shall:
(a)
provide the Harmonized Sales Tax (H.S.T.) number registered to
the applicant or licensee;
(b)
within forty-eight (48) hours of any change in address,
incorporating or partnership documents or other individual
information, attend at the offices of the Licensing Section and
furnish the Licensing Section with the particulars of the new
information, and return their licence for replacement if required;
(c)
provide a list to the Licensing Section of each vehicle to be
operated as a vehicle in the mobile vendor business, identifying the
same by the make, model year, provincial licence plate number and
vehicle identification number (V.I.N.) if any;
(d)
submit all vehicles to be operated in the mobile vendor business for
inspection on the date and at the time scheduled by the Licensing
Officer.
6.
MOBILE VENDOR PROHIBITIONS
6.1
No mobile vendor shall Sell, or cause or offer to sell at any time any
product unless such person is in possession of a licence issued pursuant
to this by-law.
6.2
Any person may apply for a mobile vendor licence:
(a)
to Sell products in a designated area specified in the licence;
(b)
to Sell products from a vehicle to be parked in a designated area
specified in the licence; or
(c)
to sell products from a Portable Display Unit to be located in a
designated area specified in the license, and
(d)
to go place to place with products for sale, or to carries and expose
samples, patterns or specimens of an product that will be delivered
in the municipality afterwards.
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6.3
The issuance of a mobile vendor licence shall be subject to the following
conditions:
(a)
the Applicant shall identify the proposed location for the
designated area, and shall provide a letter from the property owner
or property manager permitting the use of his/her land for the
proposed use;
(b)
every owner of a vehicle or cart operating by propane shall file
annually with the City of Markham, a propane inspection
certificate signed by a certified propane inspector, confirming that
the inspection has been done in accordance with the National
Standard of Canada CSA-B149.5-05, and further, all companies
performing this task shall be a registered contractor under the
Technical Standards and Safety Act under the direction of the
Ministry of Consumer Services.
6.4
The proposed location for the designated area shall comply with the
following criteria:
(a)
no portion of the designated area shall be located on a highway or
part thereof;
(b)
no portion of the designated area shall be located directly in front
of an entrance or exit from a building;
(c)
the designated area shall be located only on land zoned by the
applicable zoning by-law to permit a commercial or industrial use;
(d)
the designated area shall not be located within 500 metres of a
business establishment or another designated area in which similar
products are sold;
(e)
the designated area shall not be located within 50 metres of a
signalized intersection; and
(f)
the designated area shall be set back at least 15 metres of a
highway.
6.5
Notwithstanding Section 10 of this Schedule, a licensed vendor may
apply for permission to sell products in a City park. Such permission
shall be in writing from the appropriate department of the City of
Markham and may be subject to restrictions at the discretion of the City.
7.
EXEMPTIONS
7.1
A licence to Sell products shall not be required if:
(a)
the products are sold by a Registered Charitable Organization, or a
City of Markham Service Club at a location approved by the
Town; and
(b)
the products sold are in conjunction with and part of a community
festival of the City of Markham and the vendor has received
permission in writing from the organizers of the festival to sell
within the celebration area.
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SCHEDULE 24 - RELATING TO TOBACCO SHOPS
1.
DEFINITIONS:
"Tobacco Shop" means any store or shop where tobacco, cigars or
cigarettes are sold by Retail.
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SCHEDULE 25 - RELATING TO PET STORES
1.
DEFINITIONS
Pet Store means a building, structure or part thereof where dogs and or cats are
used as pets are sold or kept for sale;
2.
REGULATIONS
2.1.1 Every Person licensed or required to be licensed under this By-law and Schedule
shall:
(a)
Carry on business in accordance with the provisions of the City's Animal
Protection and Services By-law, as amended;
(b)
Maintain their business premises in a sanitary, well-ventilated, clean
condition and free from offensive odors;
(c)
2.3 Hire or otherwise employ individuals adequately trained in the care
and handling of animals to care, feed and clean the animals;
(d)
Locate and keep all cages or other enclosures containing animals so that
there is no undue physical contact with the public;
(e)
Provide fresh drinking water daily to all animals;
(f)
Provide fresh and proper food daily to all animals;
(g)
Provide all enclosed dogs and cats reasonable exercise;
(h)
Not keep or sell any sick, injured, or diseased animals;
(i)
Not display any animal in an exterior display window;
(j)
Give to the purchaser on any sale or disposition of an animal, a receipt
showing the name and address of the vendor and the purchaser, the date
of sale, the sale price, the breed or crossbreed, sex, age and description;
(k)
Keep a record of the purchase of every animal and as it comes into the
Pet Store including the:
(i)
date of purchase;
(ii)
name, address and phone number of the Person from whom
the animal was purchased or otherwise obtained
(l)
Provide to every purchaser of a cat or dog a health assessment from a
licensed veterinarian for all cats and dogs kept in the shop that receive veterinary
care;
(m)
Obtain animals from one of the following sources only: municipal
animal shelters; registered humane societies; registered shelters; or rescue
groups;
2.1.2 Where the Licensing Officer or designate determines that an animal appears to
require medical attention, they may require the licensee to take the animal to a
qualified veterinarian forthwith.
2.1.3 Any animals is in the possession of a Person requiring a licence as a Pet Store
prior to the passing of this By-law may be sold or otherwise disposed of and are not
under the jurisdiction of this By-law.