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THE CORPORATION OF THE TOWN OF MIDLAND
By-law 2026-7
A by-law to license and regulate Hawkers and Peddlers, Event
Vendors, Buskers, Farmers' Markets and Food Vendors within
the Town of Midland and to repeal By-law 2005-95.
WHEREAS Sections 8, 11(2) and 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25,
confers the powers for a municipality to pass by-laws to regulate or prohibit, require
persons to do things and provide for a system of licenses with respect to business
licensing in relation to the health, safety and well-being of persons, the economic and
social well-being of the municipality and to protect persons and property, including
consumer protection;
AND WHEREAS Section 151(1) of the Municipal Act, 2001, S.O. 2001, c 25, provides
that a local municipality may provide for a system of licensing businesses;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25 enables a
municipality to pass by-laws imposing fees and/or charges on persons;
AND WHEREAS it is the intent of the Council of the Corporation of the Town of Midland
to regulate Hawkers and Peddlers, Farmers' Markets, Food Vendors, Event Vendors
and Buskers within the municipality in order to protect and promote the health and
safety of its residents by regulating the goods and merchandise sold, the manner in
which those items are sold and the locations from which they are sold.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MIDLAND HEREBY ENACTS AS FOLLOWS:
SHORT TITLE
This By-law shall be known as the "Business Licensing By-law"
1.
DEFINITIONS
For the purposes of this By-law, the following definitions shall apply:
"Applicant" means a Person who is required to be Licensed pursuant to this By-law
or who has made an Application for a License to the Licensing Issuer or designate
and shall include a Licensee;
"Application" means an official request for a License pursuant to this By-law;
"Application Premise" means the location or property in which the Applicant wishes
to conduct Business on.
"Business" means any of the following businesses that are wholly or partly carried on
within the municipal boundary of the Town of Midland as described within this By-law:
Food Vendors, Event Vendors, Buskers, Hawkers and Peddlers and Farmers
Markets.
By-law 2026-7
Page 2
"Busking or Busker" means but is not limited to the following activities: acting, singing,
playing musical instruments, juggling, magic, dancing, puppetry and reciting. Busking
does not include face painting or hair wrapping.
"Event Vendor" means any Person who is Licensed under this By-law to participate
in any temporary event or Special Event by selling any wares, goods, merchandise or
offering services in any manner within the geographical boundaries of the Town.
"Farmers Market" means a seasonal, multi-vendor, community-driven (not private)
organization selling agricultural, food, art and craft products including homegrown
produce, home-made crafts and value added products where the majority of vendors
are primary producers (including preserves, baked goods, meat, dairy products etc.).
"Fees and Charges By-law" means the current version of the Town of Midland Fees
and Charges By-law.
"Fire Chief" means the Fire Chief of the Town of Midland, or their designate.
"Food Vendor" means any Person who sells, offers for sale or by other means
provides confections or food or drink products of any kind from one or both of the
following:
(a) A refreshment vehicle which means any motor vehicle as defined in the
Highway Traffic Act, and includes but not limited to food trucks, food wagons,
motorized ice cream vehicles and Ministry of Transportation licensed/plated
trailers hauled by a motor vehicle; or
(b) Non-motorized food sales which means the sale of food that is primarily
based from a non-motorized, muscular powered or stationary equipment
other than food wagons, and shall include but not limited to bicycle
refreshment carts, portable barbeques or grills, tables and coolers.
"Hawker and Peddler" means any Person who, within the boundaries of the Town,
goes from place to place or to a particular place with goods, wares, merchandise, or
produce for sale, or who carries and exposes samples, patterns or specimens of any
goods, wares, merchandise or produce that are to be delivered in the municipality
afterwards.
"License" means an authorization under this By-law to carry on a Business or
occupation specified herein and the term "Licensed" shall have a corresponding
meaning;
"License Issuer" means the Executive Director, Community and Growth, the Manager
of Municipal Law Enforcement, and any other Officer or their designate.
"Licensee" means a Person who has been issued a License pursuant to this By-law
and shall include an Applicant.
"Midland BIA" means the Downtown Midland Business Improvement Area.
By-law 2026-7
Page 3
"Non-Profit Charitable Organization" means organizations, whether incorporated or
not, which have objects and purposes that are exclusively and wholly charitable. The
organization is recognized by Revenue Canada as being "charitable" and it is complying
with the reporting requirements under the Charities Accounting Act or is completing a
Public Information Return under the Income Tax Act.
"Non-Profit
Non-Charitable
Organization"
means
organizations,
whether
incorporated or not, which have objects and purposes that are both charitable and non-
charitable and that raise money for the relief of poverty, the advancement of education,
the advancement of religion, culture and the arts and/or health and welfare.
"Officer" means any Police Officer, Medical Officer of Health, Simcoe Muskoka District
Health Unit Inspector, Municipal Law Enforcement Officer, Fire Prevention Officer, Fire
Chief, or their designates or any other Person appointed under the authority of the
Community Safety and Policing Act;
"Order" means an Order to Remedy or Order to Comply issued under this By-law.
"Owner" means the registered owner of any property within the geographical limits of
the Town of Midland or the Person(s) who is the registered owner of a Business.
"Person" along with the common definition, also includes a corporation or a
partnership.
"Special Event" means an event organized by the Town or a third party in which there
is a gathering of people on municipal property that:
(a) Is a one time, annual, infrequently occurring, or an ongoing series of events;
(b) Celebrates or displays a specific theme;
(c) Has pre-determined opening and closing dates/times;
(d) Is organized by Town staff, the general public, a community organization or
association, a Non-Profit Charitable Organization or a Non-Profit Non-
Charitable Organization, or a commercial enterprise.
"Town" shall mean the Corporation of the Town of Midland.
2.0
APPLICATION
2.1
All parts of this By-law including all Schedules herein shall be considered as part
of this By-law.
2.2
The provisions set out within this By-law shall apply to all Schedules herein.
2.3
Obtaining a License pursuant to this By-law from the License Issuer shall not
relieve any Person from the obligation of acquiring any other License, permit,
approval or authorization required by a public authority.
2.4
Except where specified otherwise within this By-law, the provisions herein shall
not apply to any public authority.
By-law 2026-7
Page 4
2.5
In the event of a conflict between this By-law and any other Town By-law in
effect, the provisions within this By-law shall prevail.
2.6
Nothing in this By-law shall constitute an exemption from the requirements of any
other By-law in effect, applicable legislation or regulations thereto including any
Provincial or Federal legislation or regulation.
3.0
GENERAL PROVISIONS
3.1
No Person shall conduct, carry out or engage in any of the following businesses
without holding an appropriate License which is current and valid:
(a) Hawker and Peddler Business
(b) Food Vendor Business
(c) Farmers Market Business
(d) Event Vendor Business
(e) Busker Business
3.2
Every Person to whom a License has been granted shall notify the License
Issuer within two (2) business days of any changes to the information submitted
as part of their application for such License and upon request for any reason
shall provide any additional documents or information as deemed necessary by
the License Issuer.
3.3
No Person shall cause or permit a License to be altered, modified or used
fraudulently in any way.
3.4
Unless otherwise specified, each Business required to be Licensed under this
By-law shall be separately Licensed.
3.5
Every Person who is Licensed to operate a Business under this By-law shall
pay the License fees as set out in the Town's Fees and Charges By-Law.
License fees shall be non-refundable and non-transferrable.
3.6
Where more than one (1) Business is operated at one (1) property, all-
applicable Licenses are required, and all applicable fees must be paid in full.
3.7
Every Person who is licensed under this By-law shall comply with the
Accessibility for Ontarians with Disabilities Act (AODA).
3.8
This By-law shall not apply to any activities carried on by or on behalf of the
Town.
3.9
No Person shall fail to produce a License after a reasonable request has been
made by an Officer.
By-law 2026-7
Page 5
3.10 No Person shall operate any Business while:
(a) Under the influence or having consumed or having in their possession any
alcohol, drugs (other than drugs prescribed by a duly qualified medical
practitioner and which do not and may not impair their ability to operate the
Business), or other intoxicants;
(b) Buying or selling or acting as an agent of a Person in buying or selling
alcohol, drugs or intoxicants or giving information as to where illicit intoxicants
or drugs may be obtained.
3.11 Every License issued under this By-law shall be non-transferrable.
4.0
LICENSING REQUIREMENTS
4.1
For any License, an Applicant shall submit the following to the License Issuer:
(a) A complete Application in the form prescribed by the License Issuer, which
shall include:
i. The Applicant's name;
ii. The Applicant's residential and mailing address;
iii. The address for the Business; and
iv. The telephone number and email address for the Business and
the Applicant.
v. The Application Premise where the Business is proposed to
be operated from.
(b) The applicable fees as set out in the Town's Fees and Charges By-law;
(c) Unless otherwise specified in this By-law, proof of a minimum of two million
dollars ($2,000,000) comprehensive general liability insurance;
(d) Where the Licensee uses or requires a motor vehicle to carry on their
Business, the Licensee shall obtain and maintain, in full force and effect for
the term of their License, automobile liability insurance in the amount of
$2,000,000.00 per occurrence covering all motor vehicles owned or leased by
the Licensee.
(e) Where the Applicant is a corporation, articles of incorporation or a copy of a
corporate profile/entity report and a list of the names and addresses of the
current directors and officers of the corporation;
(f) Where the Applicant is a partnership, a list of the names and addresses of
the partners and, if a registered partnership, a copy of the registered
declaration of partnership, and any changes or corrections thereto;
(g) Where the Applicant is an individual, a copy of a piece of government issued
photo identification;
(h) Any other documents as prescribed in the Schedules attached to this By-law;
By-law 2026-7
Page 6
(i) Where the Applicant would be seeking a License to operate on private
property, prior written consent of the property owner shall be required;
(j) Upon request, any other documentation or information that is deemed
necessary by the License Issuer.
4.1.1 Section 4.1 (e), (f), and (g) shall not apply to any Application that is in
conjunction with a Special Event operated by the Town.
4.2
For a renewal of a License, an Applicant shall submit the following to the
License Issuer:
(a) An Application in the form prescribed by the License Issuer;
(b) The applicable fees in accordance with the Town's Fees and Charges By-
law;
(c) All documents as the License Issuer may require but not limited to the
documents as set out in Section 4.1.
4.3
Every Licensee shall:
(a) Post the License in a conspicuous place at the Licensed premise.
(b) Carry the License on their person when engaged in a Business where the
Licensee travels from place to place to perform their Business;
(c) Produce the License for inspection and otherwise permit any Officer, or any
persons authorized to enforce this By-law, to enter the Licensed premise to
conduct an inspection as may be deemed necessary in order to ascertain
whether or not the provisions of this By-law, Statute, Regulation or any other
By-law are being complied with.
(d) Comply with the provisions of this By-law and all applicable laws, including,
but not limited to, the Zoning By-law, Ontario Fire Code and Ontario Building
Code; and;
(e) Comply with any conditions and/or restrictions placed on the License.
4.4
Any Person applying for a License under the provisions of this By-law in
conjunction with a Special Event where the proceeds or funds collected will be
provided to a Non-Profit Charitable Organization or a Non-Profit Non-
Charitable Organization are not required to pay the associated license fees as
set out in the Town's Fees and Charges By-law subject to the following
conditions:
(a) That the Applicant provides proof of which Non-Profit Charitable
Organization(s) or a Non-Profit Non-Charitable Organization(s) will be
receiving funds by way of a letter from the Non-Profit Charitable
By-law 2026-7
Page 7
Organization(s) or a Non-Profit Non-Charitable Organization(s) indicating
that they will be receiving funds from the proceeds made through the
temporary event or Special Event.
5.0
ISSUANCE OF LICENSES AND GROUNDS FOR REFUSAL
5.1
The License Issuer shall receive and process all complete applications for
Licenses and License renewals.
5.2
The License Issuer shall issue a License or renew a License to any Person
who meets the requirements of this By-law except where:
(a) The past or present conduct of the Applicant affords the License Issuer
reasonable grounds to believe that the Applicant has not or will not carry on
their Business in accordance with the applicable law or with integrity and
honesty;
(b) The License Issuer reasonably believes that the carrying on of the Business
may be adverse to the public interest;
(c) The Applicant or Application Premise is subject to an Order, or Orders,
made pursuant to or by:
i. The Town's Property Standards By-law
ii. The Building Code Act, 1992, S.O. 1992, c. 23, or any
regulations made thereunder;
iii. The Fire Protection and Prevention Act, 1997, or any
regulations made thereunder, including the Ontario Fire Code;
or,
iv. The Medical Officer of Health.
(d) The Application Premise that the Applicant wishes to conduct their
Business is not in compliance with the Town's Zoning By-law;
(e) The Applicant or the Application Premise for the Business is indebted to
the Town by way of fines, penalties, judgements, outstanding property taxes,
or any other amounts owing;
(f) There are reasonable concerns that false or misleading information,
documents or statements were provided to the License Issuer or any Officer
by, or on behalf of, an Applicant or Licensee;
(g) Any information that has been provided to the Town, whether orally or in
writing, as part of an application for a License is no longer accurate and the
License Issuer has not been notified of the change, or where a Person fails
to provide updated accurate information as required pursuant to Section 3.2
or 4.3 (d);
By-law 2026-7
Page 8
(h) The Applicant fails to maintain appropriate and valid insurance as required
by the By-law;
(i) All required application criteria for a License has not been fulfilled;
(j) A valid Provincial or Federal license, or other authorization, which is required
to operate a Business has not been obtained;
(k) The Applicant or Licensee has failed to submit a vehicle for an inspection at
the request of the License Issuer or any other person authorized to enforce
this By-law for which a License is sought or has been granted;
(l) The Applicant or Licensee has failed to comply with any Order issued
pursuant to this By-law or any other applicable law, regulation or statute;
(m)The Applicant or Licensee has failed to comply with any conditions of a
License imposed pursuant to this By-law;
(n) Two or more substantiated complaints have been received by the License
Issuer in a two-year period regarding the Applicant or Licensee; or
(o) The Application has not been submitted within the required time as
described in each Schedule attached to and forming part of this By-law.
6.0
TERM OF LICENSE
6.1
Unless renewed or revoked, a License issued or renewed under this By-law
shall expire in accordance with the expiry as indicated on the issued License.
6.2
Every License shall be renewed no later than its date of expiry. Any License
which is not renewed shall become null and void.
6.3
No License renewal shall be granted for a future term more than sixty (60) days
in advance of the expiry of the current term of the License.
6.4
No License renewal shall be granted if the Application for the renewal is
submitted more than thirty (30) days after the License has expired. The
Applicant shall be required to apply for a new License.
6.5
Every License shall cease to be valid if the Business ceases to operate.
7.0
REVOCATION AND SUSPENSION OF LICENSE
7.1
The License Issuer may revoke or suspend a License at any time where:
(a)
the License Issuer is of the opinion that the Business carried on by the
Licensee poses a threat to the health and safety of the public;
(b)
the Licensee has violated any of the provisions of this By-law or any other
applicable laws;
By-law 2026-7
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(c)
The License was issued because false or misleading information was
provided to the Town;
(d)
a License was issued in error; or
(e)
as otherwise authorized in accordance with this By-law.
7.2
If the License Issuer is satisfied that the carrying on of the Business poses an
immediate danger to the health or safety of any Person or to any property, the
License Issuer may, for the time and on such conditions as they consider
appropriate, without a hearing, suspend a License subject to the following:
(a)
before suspending the License, the License Issuer shall provide the
Licensee with the reasons for the suspension either orally or in writing,
and an opportunity to respond to them; and
(b)
The suspension shall not exceed thirty (30) days.
(c)
If the matter that caused the suspension has not been remedied after
thirty (30) days or if an additional contravention under this section has
been confirmed, the suspension shall continue to be in effect until the
matter has been resolved to the satisfaction of the License Issuer.
7.3
The License Issuer shall provide a notice of intention to revoke or suspend a
License and shall advise the Licensee of their right to appeal along with the final
date for giving notice of appeal.
8.0
APPEAL
8.1
Any Person who has been denied a License or the renewal of a License, has
had their License suspended or revoked, or has had terms or conditions
imposed on a License may appeal the decision of the License Issuer to
Council.
8.2
Section 8.1 of this By-law does not apply to License suspensions under Section
7.2 of this By-law.
8.3
All appeals shall be submitted:
(a) Within fourteen (14) days of the decision of the License Issuer to deny
issuing or renewing a License or suspending or revoking a License or
imposing terms or conditions on a License;
(b) In writing to the License Issuer;
(c) Setting out in detail, the grounds for the appeal; and
(d) Along with the applicable fee as outlined in the Town's Fees and Charges
By-law.
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8.4
Where an appeal is not submitted within the time set out within Section 8.3 (a),
the decision of the License Issuer shall be deemed to be confirmed and no
appeal shall be allowed.
8.5
Upon receipt of an appeal in accordance with Section 8.3, the License Issuer
shall endeavour to schedule a hearing within thirty (30) working days of the
receipt of the request for an appeal hearing or as soon thereafter as possible.
Notice of the hearing shall be issued a minimum of fourteen (14) days prior to the
hearing date unless exigent circumstances apply.
8.6
Council shall hear all appeals.
8.7
On an appeal, Council has all the powers and functions of the License Issuer
who made the decision; and Council may do any of the following things if, in
Council's opinion, doing so would maintain the general intent and purpose of the
By-law:
(a) Confirm, modify or rescind the decision of the License Issuer to deny issuing
or renewing a License or suspending or revoking a License or to impose
terms or conditions on a License.
9.0
INSPECTION AND RIGHTS TO ENTRY
9.1
An Officer or the License Issuer may at any reasonable time, enter upon any
land and into structures other than a place actually used as a dwelling without
notice for the purpose of carrying out an inspection to determine whether or not
the provisions of this By-law are being contravened or to determine if a notice or
Order has been complied with or to carry out any remedial action required.
9.2
For the purposes of conducting an inspection pursuant to Section 9.1 of this By-
law, the Officer or License Issuer 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; 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 purpose of the inspection.
9.3
No person exercising a power of entry on behalf of the Town shall enter or
remain in any room or place actually being used as a dwelling unless:
By-law 2026-7
Page 11
(a) The consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused and, if refused, may only be
made under the authority of an order issued under section 438 of the
Municipal Act, a warrant issued under Section 439 of the Municipal Act, or a
warrant issued under Section 386.3 of the Municipal Act;
(b) An order issued under Section 438 of the Municipal Act is obtained;
(c) A warrant issued under Section 439 or Section 386.3 of the Municipal Act is
obtained;
(d) The delay necessary to obtain an order under Section 438 of the Municipal
Act, to obtain a warrant under Section 439 of the Municipal Act, or to obtain
the consent of the occupier would result in immediate danger to the health or
safety of any Person; or
(e) The Town has first given notice of its intention to enter as required under
Subsection 435(2) of the Municipal Act, and the entry is authorized under
Sections 79, 80 or 446 of the Municipal Act.
9.4
No Person shall hinder or obstruct or attempt to hinder or obstruct an Officer
who is exercising a power or performing a duty under this By-law. For more
certainty:
(a) A refusal to consent to enter or remain in a room or place actually used as a
dwelling does not constitute hindering or obstruction within the meaning of
this Section unless the Town is acting under authority as set out in Section
9.3.
10.0 NOTICES AND ORDERS
10.1 If the License Issuer is satisfied that a contravention of this By-law has
occurred, the License Issuer may make a notice or Order requiring the Person
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.
10.2 The notice or Order shall include:
(a) Reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred;
(b) The work required to correct the contravention;
(c) The date by which the work shall be completed.
10.3 A notice or Order issued under this By-law may be served personally and/or
served by sending it via regular mail, registered mail and/or email to the last
known address of:
By-law 2026-7
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(a) The Licensee as listed on the application submitted to the License Issuer; or
(b) The Owner of the Property at the address shown on the municipal tax roll; or
(c) The Person identified as contravening this By-law;
(d) If sent via email, the notice or Order shall be sent to the last known email
address of the Person(s) or corporation(s) in which the notice or Order is
addressed to.
10.4 Where service of a notice or Order is made by regular mail or registered mail,
the notice or Order shall be deemed served on the fifth (5th) day after the notice
or Order is mailed.
10.5 Where service of a notice or Order is made by email, the notice or Order shall
be deemed served on the same day after the notice or Order was emailed.
10.6 In addition to service under section 10.4 and 10.5, a notice or Order may also be
posted on the Property in a location visible to the public. If an Order is posted on
the Property, it shall be deemed served on the same day that the notice or
Order is posted.
10.7 No Person shall fail to comply with a notice or Order issued under the authority
of this By-law.
11.0 REMEDIAL ACTION
11.1 If a Person fails to do a matter or thing, including comply with an Order under
this By-law, as directed or required by this By-law, the Town may, in default of it
being done by the Person directed or required to do it, do the matter or thing at
the Person's expense.
11.2 The Town may recover the costs of doing a matter or thing from the Person
directed or required to do it by action or by adding the costs to the tax roll and
collecting them in the same manner as municipal taxes.
11.3 The costs outlined in Section 11.2 of this By-law shall include interest calculated
at a rate of 15 percent, calculated for the period commencing on the day the
Town incurs the costs and ending on the day the costs, including interest, are
paid in full.
11.4 The amount of costs, including interest, constitutes a lien on the land upon the
registration in the proper land registry office of a notice of lien. The lien is in
respect of all costs that are payable at the time the notice is registered plus
interest accrued to the date the payment is made. Upon receiving payment, the
Town shall register a discharge of the lien in the proper land registry office.
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12.0 ENFORCEMENT
12.1 The By-law may be enforced by an Officer, Police Officers or the Medical Officer
of Health.
12.2 Every Person shall, upon request by an Officer, Police Officer or the Medical
Officer of Health for the purpose of commencing a proceeding pursuant to this
By-law, provide identification, including their full name and address.
13.0 PENALTY
13.1 Every person who contravenes any provision of this By-law, and every director or
officer of a corporation who knowingly concurs in the contravention of this By-law
by the corporation is guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33.
13.2 Each day on which a person contravenes any provisions of this By-law shall be
deemed to constitute a separate offence under this By-law as provided for in
section 429(2) of the Municipal Act, S.O. 2001, c. 25.
13.3 Every person who contravenes the provisions of any section of this By-law, is
guilty of an offence under the provisions of the Municipal Act, 2001, S.O. 2001, c.
25 as amended and is liable on conviction to a penalty where the maximum fine
shall not exceed $50,000 exclusive of costs under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25 as amended.
13.4 Every director or officer of a corporation who contravenes any provisions of the
By-law is guilty of an offence under the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended and is liable on conviction to a penalty where the
maximum fine shall not exceed $100,000 exclusive of costs under the provisions
of the Municipal Act, 2001, S.O. 2001, c. 25 as amended.
13.5 If there is a contravention of any provision within this By-law, and the
contravention has not been complied with or corrected, the contravention of the
provisions shall be designated as a continuous offence for each day or part of a
day that the contravention remains uncorrected.
13.6 For the purposes of this By-law, if there is an offence respecting 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, then the offence is deemed a
multiple offence.
13.7 For the purpose of continuous offences, every person who contravenes any
provision of this By-law, and every director or officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is guilty
of an offence and is liable on conviction to a penalty not exceeding $10,000 per
day or part thereof, exclusive of costs, under the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 as amended.
By-law 2026-7
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13.8 For the purpose of multiple offences, every person who contravenes any
provision of this By-law, and every director or officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is guilty
of an offence and is liable on conviction to a penalty not exceeding $10,000 per
offence, exclusive of costs under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25 as amended.
13.9 Notwithstanding Section 13.7 and 13.8, and in accordance with the provisions of
the Municipal Act, 2001, S.O. 2001, c. 25 as amended, the total of all fines for the
continuous offences or multiple offences is not limited to $100,000.
13.10 Every person or owner who contravenes any section of this By-law shall, upon
issuance of a penalty notice in accordance with the Town's Administrative
Monetary Penalty System By-law, be liable to pay the Town an Administrative
Monetary Penalty.
14.0 VALIDITY AND SEVERABILITY
14.1 If any section, subsection, paragraph, sentence, clause, or provision of this By-
Law be declared by a Court of competent jurisdiction to be invalid, illegal or ultra
vires for any reason, all other provisions of this By-Law shall remain and continue
in full force and effect and shall remain valid and binding.
15.0 TRANSITION
15.1 The repeal of By-laws referred to in Section 16.1 shall not affect any offence
committed against the provisions of the By-law or any penalty incurred in respect
thereof or any investigative procedure, including but not limited to any
prosecution thereunder.
16.0 REPEAL
16.1 That By-law 2010-28 and all amendments thereto are hereby repealed and
replaced with this By-law.
17.0 EFFECTIVE DATE
This By-law shall come into force and effect on the date of passage.
BY- LAW PASSED AND ENACTED THIS 18th DAY OF MARCH 2026.
THE CORPORATION OF THE TOWN OF MIDLAND
____
BILL GORDON - MAYOR
By-law 2026-7
Page 15
______
SHERRI EDGAR - CLERK
Written approval of this By-law was given by Mayoral Decision MDE-2026-4 dated
March 18, 2026
By-law 2026-7
Page 16
Schedule "A" to By-law 2026-7
Hawkers and Peddlers
1.0
In this Schedule, Hawker and Peddler means any Person who, within the
boundaries of the Town, goes from place to place or to a particular place with
goods, wares, merchandise, or produce for sale, or who carries and exposes
samples, patterns or specimens of any goods, wares, merchandise or produce
that are to be delivered in the municipality afterwards.
2.0
In addition to any License requirements as set out in this By-law, all Hawker and
Peddler License applications shall include the following:
(a) A Site Plan, drawn to scale and depicting the location of the proposed
Hawker and Peddler on the property including setbacks from the adjacent
property lines, the proposed location of any parking, signage and
garbage/recycling containers as well as entrances and exits where applicable;
(b) If going from place to place, a map depicting the route and general area of the
municipality in which the Hawker and Peddler will operate from during the
period in which they are Licensed;
(c) A written statement fully describing the good or service they intend to hawk or
peddle;
(d) A list of all employees that will take part or could take part in the Business or
occupation for the duration of the License; and
(e) The intended dates and times in which the Hawker and Peddler Business
will be operating.
3.0
Hawker and Peddler Licenses shall not be provided to any Person or
corporation that sells or rents the following:
(a) fixed hydro, water or natural gas rates; or
(b) water heaters, furnaces, air conditioner units, water treatment devices or air
quality treatment devices; or
(c) Any other product that is prohibited to be sold or rented pursuant to any other
Provincial or Federal statute or law.
4.0
No Person Licensed under this Schedule shall operate door-to-door before 9:00
a.m. or after 7:00 p.m. each day.
5.0
No Person under this Schedule shall engage in or carry on a Hawker and
Peddler Business or occupation on municipal property unless approved as a
part of a Town organized event.
By-law 2026-7
Page 17
Schedule "B" to By-law 2026-7
Food Vendors
1.0
In this Schedule, a Food Vendor means any Person who sells, offers for sale or
by other means provides confections or food or drink products of any kind from
one or both of the following:
(c) A refreshment vehicle which means any motor vehicle as defined in the
Highway Traffic Act, and includes but not limited to food trucks, food wagons,
motorized ice cream vehicles and Ministry of Transportation licensed/plated
trailers hauled by a motor vehicle; or
(d) Non-motorized food sales which means the sale of food that is primarily
based from a non-motorized, muscular powered or stationary equipment
other than food wagons, and shall include but not limited to bicycle
refreshment carts, portable barbeques or grills, tables and coolers.
2.0
This Schedule shall not apply to the following:
(a) Caterers or a catering service not engaged in food sales to the general public.
(b) Food services conducted inside a permanent fixed facility and properly zoned
for such use.
(c) Food Vendors operating within any Licensed Farmers Market during the
operating hours of the Farmers Market.
3.0
In addition to any other requirement within this By-law, all Food Vendor License
applications shall include the following:
(a) A Site Plan, drawn to scale and depicting the location of the proposed Food
Vendor on the property including setbacks from the adjacent property lines,
the proposed location of any parking, signage and garbage/recycling
containers as well as entrances and exits where applicable when the Food
Vendor is placed on private property or Town property
(b) Simcoe Muskoka District Health Unit (SMDHU) approval issued within last six
(6) months from the date of the Application or proof that an application has
been submitted to the SMDHU and the Applicant is awaiting the results;
(i) No Application shall be deemed complete until the proper SMDHU
approval has been submitted to the License Issuer.
(c) Where the Food Vendor will be using any equipment fueled by propane or
natural gas, a certificate, issued within six (6) months from the date of the
Application, by a Provincially certified propane contractor confirming the
equipment has been inspected and found to conform to the Propane Storage
and Handling Regulations, being Ontario Regulation 211/01, as may be
amended or replaced from time to time;
By-law 2026-7
Page 18
(d) A Technical Standards and Safety Authority Field Approval (TSSA) for all
equipment and appliances that are not approved by the Canadian Standard
Association (CSA) or the Underwriter Laboratories of Canada (ULC).
(e) Proof of an Annual Fire Inspection;
(f) If the Food Vendor is operating any motor vehicle, a copy of a valid and
maintained driver's license held by the Person(s) that own the Business or
would be operating the motor vehicle associated with the Business at any
time;
(g) If the Food Vendor is operating any motor vehicle, proof that the vehicle
meets the standards required for approval under an MTO Vehicle Inspection
or proof that the motor vehicle meets the standards for a Safety Standards
Certificate issued under the Highway Traffic Act;
(h) A plan for the containment and disposal of grey water, grease and garbage in
a sanitary manner satisfactory to the Town; if applicable;
(i) At the time of Application, and if applicable, the Licensee shall provide a
copy of the Liquor License as issued by the Alcohol and Gaming Commission
of Ontario (AGCO) to the License Issuer.
(j) For an annual Food Vendor License Application only, a document
describing the intended operating business hours for each day of the week.
4.0
No Person shall operate a Food Vendor Business which contains cooking,
heating or cooling equipment without a minimum of a 5 pound A.B.C. dry
chemical fire extinguisher, which is maintained in good operating condition or
such other extinguisher as required by the Fire Chief. The extinguisher shall be
properly mounted and the Licensee and all employees of the Business shall be
knowledgeable in the proper use of such fire extinguisher.
5.0
The Licensee shall ensure that every Food Vendor premise is equipped with:
(a) a metal refuse container with a self-closing lid, and such container shall be
kept in a clean and sanitary condition and emptied at least once daily; and
(b) a disposable litter container which shall be replaced at least once daily, and
such containers shall be used for the disposal of all refuse.
6.0
The Licensee shall ensure that every refuse container is located in such a
position on the Food Vendor premise to be easily accessible by any Person
making purchases.
7.0
No Licensee shall carry on a Food Vendor Business between the hours of
11:00 p.m. and 7:00 a.m., unless approved by the Licensing Issuer.
By-law 2026-7
Page 19
8.0
No Food Vendor Business shall operate in a manner that causes a nuisance or
interferes with the enjoyment of a neighbouring property.
9.0
No Person shall operate a Food Vendor Business within any motor vehicle or
trailer unless such vehicle is road worthy and meets the standards required for
approval under an MTO Vehicle Inspection that meets the standards for a Safety
Standards Certificate issued under the Highway Traffic Act.
10.0 Every Food Vendor Business shall deal in a civil and courteous manner with
the public.
11.0 No Person shall sell or handle any refreshments without wearing clean clothes
and maintaining clean hands at all times.
12.0 No Person shall operate a Food Vendor Business:
(a) That interferes with the normal use of a sidewalk by pedestrians;
(b) On any highway, unless the highway has been closed for a Special Event.
(c) In any Town park or Town owned property except pursuant to a contract or
permit issued by the Town and subject to any conditions attached thereto;
(d) From any vehicle or other apparatus drawn by an animal;
13.0 The Licensee shall take out a separate License for each Food Vendor
Business owned and operated by them.
14.0 If a Food Vendor License application is in conjunction with any Special Event,
the application shall be submitted no later than 30 days prior to the event taking
place.
15.0 If a Food Vendor License application is in conjunction with any Special Event
and the application is submitted less than 30 days prior to the event the
Applicant is participating in or organizing, the application will be subject to
additional late fees as set out in the current version of the Town's Fees and
Charges By-law and may not be considered.
16.0 If a complete Application has not been submitted within seven (7) days prior to
a Special Event in which the Food Vendor is participating in, the License
Issuer may deny the License.
17.0 The Town reserved the right to restrict the amount of Food Vendor Licenses
issued each year.
By-law 2026-7
Page 20
Schedule "C" to By-law 2026-7
Farmers Markets
1.0
For the purposes of this Schedule, a Farmers Market shall mean a seasonal,
multi-vendor, community-driven (not private) organization selling agricultural,
food, art and craft products including homegrown produce, home-made crafts
and value added products where the majority of vendors are primary producers
(including preserves, baked goods, meat, dairy products etc.).
2.0
In addition to any other requirement within this By-law, all Farmers Market
License applications shall include the following:
(a) A Site Plan, drawn to scale and depicting the location of the proposed
Farmers Market on the property including setbacks from the adjacent
property lines, the proposed location of any parking, signage and
garbage/recycling containers as well as entrances and exits where applicable.
(b) If located on Town property, the Applicant must enter into a Farmers' Market
Agreement with the Town and provide all necessary documentation.
(c) A list of all vendors that will be participating in the Farmers Market at any
time of the year.
(d) A detailed document describing the intended operating hours for each day of
the week.
4.0
The number of Licensed Farmers' Markets located on municipal property is
limited to one per season (ie: indoor/outdoor).
5.0
The Applicant shall ensure that all Farmers' Market vendors are restricted to
Simcoe County with the majority of producers of farm products primarily selling or
offering for sale their own products. No vendors shall resell food products
produced by others.
6.0
The Applicant shall ensure that all certificates of approval that may be required
from various agencies including the Simcoe Muskoka District Health Unit have
been obtained from its vendors.
7.0
The Applicant shall ensure that the Farmers' Market is operated under the
terms of the Farmers Markets of Ontario Rules and Regulations.
By-law 2026-7
Page 21
Schedule "D" to By-law 2026-7
Event Vendors
1.0
For the purposes of this Schedule, an Event Vendor means any Person who is
Licensed under this By-law to participate in any temporary event or Special
Event by selling any wares, goods, merchandise or otherwise within the
geographical boundaries of the Town. Examples of Event Vendors include but
are not limited to Artisans and Crafters.
2.0
In addition to any other requirement in this By-law, all Event Vendor applications
shall include the following:
(a) If an event will be held outdoors, a Site Plan, drawn to scale and depicting the
location of the proposed Event Vendor(s) with the Event Vendor Business
names listed on the Site Plan. The Site Plan shall also include setbacks from
all property lines, the proposed location of any parking, signage and
garbage/recycling containers as well as entrances and exits where applicable.
(i) Where a Special Event is operated or organized by the Town and the
placement of vendors is completed by Town staff, this requirement shall
not apply.
(b) If an event will be held indoors such as within a Town owned building or
facility, a floor plan, drawn to scale and depicting the location of the Event
Vendor(s) in the space where the event will be taking place, including
entrances and exits, the name of the Event Vendor(s) and the width of all
paths or areas in which the public will be viewing any product in accordance
with the Accessibility for Ontarians with Disabilities Act (AODA) requirement
of 1.8m.
(c) If the Applicant is submitting an Application for multiple Event Vendors for
one event, the Applicant shall supply a list of all Event Vendors that will be
participating in the event with the Business owners name, phone number
and email address.
(d) Each Event Vendor shall provide the necessary insurance documentation in
accordance with the provisions of this By-law.
3.0
All Event Vendor Applications shall be submitted no later than 30 days prior to
the specific event in which the Applicant is participating or conducting.
4.0
Any Event Vendor License Application that is submitted less than 30 days
prior to the event shall be subject to additional fees as set out within the current
version of the Town's Fees and Charges By-law and upon review, may not be
considered for the event.
5.0
If a complete Application has not been submitted within seven (7) days prior to
a Special Event in which the Event Vendor is participating in, the License
Issuer may deny the License.
By-law 2026-7
Page 22
6.0
Any Event Vendor who is accepted through a Special Event operated by the
Town is exempt from paying the Licensing fee under this Schedule.
By-law 2026-7
Page 23
Schedule "E" to By-law 2026-7
Buskers
1.0
For the purposes of this Schedule, Busking or Busker means but is not limited
to the following activities: acting, singing, playing musical instruments, juggling,
magic, dancing, puppetry and reciting. Busking does not include face painting or
hair wrapping.
2.0
The following are exempt from this By-law:
(a) The Town Crier
2.1
The Midland BIA is exempt from the licensing fee under this Schedule, however,
shall be subject to all licensing requirements of this By-law and this Schedule.
3.0
The following are exempt from the licensing requirements from this By-law,
however, shall provide their own insurance as necessary within this By-law in
order to perform at any event:
(a) Any Busker who is hired by the Town to perform at any Town event.
4.0
In addition to any other requirement in this By-law, all Busker Applications shall
include:
(a) A social media account name, website or other platform that promotes their
performance or act to review;
5.0
If a License Application is in conjunction or associated with any event within the
Town limits, the Application shall be submitted no later than 30 days prior to the
event taking place. Late Applications will not be considered.
6.0
Buskers may accept voluntary donations but shall not request, suggest, or post
a specific amount.
7.0
Amplification of sound is permitted with the following conditions:
(a) The sound level shall be reasonable, within the provisions of the Town's
Noise By-law and intended for an audience with 25 feet.
(b) Equipment, cables and cords must meet current safety standards. Cords or
other equipment must not cross roadways, or pedestrian pathways or in any
way interfere with the safe and convenient movement of pedestrians.
(c) The Town reserves the right to disconnect any equipment that is likely to
cause injury or damage to any Person or property.
(d) Failure to comply with these conditions will result in the License being
revoked.
By-law 2026-7
Page 24
8.0
Sidewalks, paths, bicycle routes or any recreational trail shall not be blocked or
partially blocked by performers or their audiences.
9.0
All performances must be suitable for a general family audience rating.
Appropriate clothing shall be worn at all times.
10.0 The comfort or safety of others shall not be jeopardized.
10.0 Subject to all licensing requirements, Busking is permitted year round and shall
not be conducted between 10:00 p.m. of one day to 8:00 a.m. of the next day.
THE CORPORATION OF THE TOWN OF MIDLAND
PART I Provincial Offences Act
By-law 2026-7: Business Licensing By-law
Set Fines
Item Column 1
Short Form Wording
Column 2 Provision
Creating or Defining
Offence
Column 3
Set Fine
1
Conduct, carry out or engage in
Hawker and Peddler business
without a license
3.1 (a)
$400.00
2
Conduct, carry out or engage in
Food Vendor business without a
license
3.1 (b)
$400.00
3
Conduct, carry out or engage in
Farmers Market business without
a license
3.1 (c)
$1000.00
4
Conduct, carry out or engage in
Event Vendor business without a
license
3.1 (d)
$250.00
5
Conduct, carry out or engage in
Busker business without a license
3.1 (e)
$250.00
6
Fail to notify license issuer of
changes to information
3.2
$200.00
7
Alter, modify or fraudulently use
license
3.3
$400.00
8
Fail to produce license after
request
3.9
$300.00
9
Operate business under influence
of alcohol or drugs
3.10 (a)
$500.00
10
Buy, sell or act as agent to buy or
sell alcohol or drugs
3.10 (b)
$500.00
11
Fail to post license
4.3 (a)
$200.00
12
Hinder or obstruct officer
9.4
$500.00
13
Fail to comply with an Order or
notice
10.7
$300.00
14
Operate Hawker and Peddler
business outside of prescribed
times
Schedule "A" Section 4.0
$300.00
15
Operate Hawker and Peddler
business on municipal property
without authorization
Schedule "A" Section 5.0
$400.00
16
Operate food vendor business
Schedule "B" Section 4.0
$400.00
By-law 2026-7
Page 26
without proper fire extinguisher
17
Operate food vendor business
without proper refuse containers
Schedule "B" Section 5.0
(a)
$200.00
18
Fail to ensure refuse containers
are accessible
Schedule "B" Section 6.0
$200.00
19
Operate food vendor business
outside permitted hours
Schedule "B" Section 7.0
$300.00
20
Operate food vendor business that
causes a nuisance
Schedule "B" Section 8.0
$300.00
21
Operate food vendor business with
unauthorized motor vehicle
Schedule "B" Section 9.0
$300.00
22
Fail to operate food vendor
business in civil and courteous
manner
Schedule "B" Section
10.0
$300.00
23
Operate food vendor business that
interfere with normal use of
sidewalk
Schedule "B" Section
12.0 (a)
$300.00
24
Operate food vendor business on
highway
Schedule "B" Section
12.0 (b)
$300.00
25
Operate food vendor business in
Town park or Town property
without permission
Schedule "B" Section
12.0 (c)
$300.00
26
Operate food vendor business
from vehicle or apparatus drawn
by animal
Schedule "B" Section
12.0 (d)
$300.00
27
Busk- outside of permitted hours
Schedule "E" Section
10.0
$300.00
Note: The penalty provision(s) for the offences indicated above is Section 13.1 of
By-law 2026-7, a certified copy of which has been filed.