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THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 024-2018
BEING A BY-LAW TO RESPECT THE LICENSING, REGULATING AND
GOVERNING OF BUSINESSES IN THE TOWN OF MILTON AND TO REPEAL BY-
LAW NO. 111-2004.
WHEREAS Section 150 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended,
(the "Act") authorizes councils of all municipalities to licence, regulate and govern
any Business wholly or partly carried on within the municipality;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF MILTON HEREBY ENACTS AS FOLLOWS:
1.
DEFINITIONS:
1.1
For the purposes of this By-law:
(i)
"Animal Services Officer" shall mean a person or a corporation, including said
corporation's employees, agents, and representatives, that has entered into a
contract with the Town or who are employed by the Town for the control and
regulation of animals within the Town of Milton and includes a Municipal Law
Enforcement Officer, an officer of the Halton Regional Police Service, and an
employee of the Oakville Humane Society, or such other party contracted by
the Town to provide such services;
(ii)
"Appeal Committee" shall mean the Town's Administration & Planning
Committee or delegate;
(iii)
"Applicant" shall mean any person applying for a Licence under this By-law;
(iv)
"business" shall mean the following trades, callings, businesses, or
occupations (and includes the sale or hire of goods or services in those
trades, callings, businesses or occupations):
Personal Service Businesses
Transient Traders
Commercial Refreshment Vehicles
Salvage Yards
Kennels
(v)
"Commercial Refreshment Vehicle" shall mean any vehicle from which
refreshments are sold for consumption by the public and includes carts,
wagons, trailers, trucks and bicycles, regardless of the type of motive power
employed to move the refreshment vehicle from one point to another;
Page 1 of 47 of By-law No. 024-2018
(vi)
"Council" shall mean the Council of the Town;
(vii)
"Criminal records check" shall mean a criminal records check performed by
the Halton Regional Police Service, or the Police Service in the jurisdiction of
the Applicant's residence and dated within six (6) months of the date of
application for the business licence;
(viii)
"Commissioner of Community Services" shall mean the Commissioner of
Community Services for the Town, or his or her designate;
(ix)
"Commissioner of Engineering Services" shall mean the Commissioner of
Engineering Services for the Town, or his or her designate;
(x)
"Commissioner of Planning and Development" shall mean the Commissioner
of Planning and Development for the Town, or his or her designate;
(xi)
"Fire Chief" shall mean the Fire Chief for the Town, or his or her designate;
(xii)
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is
intended for or used by the general public for the passage of vehicles and
includes the area between the lateral property lines thereof;
(xiii)
"Kennel" shall mean a premises in which all facilities are wholly enclosed
within a building where more than 3 dogs over twelve (12) weeks of age, or 5
cats over six (6) weeks of age, are boarded, bred, kept or trained, but does
not include:
(a) a veterinary clinic or veterinary hospital;
(b) a public pound or animal shelter used by the Town for impounding
animals;
(c) any premises licensed under any statute of the Province of Ontario
or the Government of Canada, which permits the keeping of dogs
and other animals under certain conditions;
(d) a pet shop.
(xiv)
"Licence" shall mean an authorization under this By-law to carry on a
business specified herein and the document, certificate, plate or card issued
which provides evidence of such authority as the context may allow.
(xv)
"Licensee" shall mean any person Licensed under this By-law.
Page 2 of 47 of By-law No. 024-2018
(xvi)
"Licensing Officer" shall mean the person or persons appointed as such by
Council;
(xvii) "Medical Officer of Health" shall mean the Medical Officer of Health for the
Regional Municipality of Halton, or his or her designate;
(xviii) "Municipal Law Enforcement Officer" shall mean a Municipal Law
Enforcement Officer appointed by Council;
(xix)
"Municipality" shall include the Town and the Region of Halton;
(xx)
"Nuisance" shall mean excessive or unlawful use of one's property to the
extent of unreasonable annoyance or inconvenience to a neighbour or to the
public, including, but not limited to noise, noxious odours, and traffic;
(xxi)
"Person" shall include an individual, partnership, corporation or other
organization to whom the context may apply;
(xxii) "Personal Service Business" shall mean a business that provides personal
care procedures for any part of the body and includes, but is not limited to,
acupuncture, hair cutting, manicuring and nail treatments, electrolysis,
aesthetics, tattooing and micro-pigmentation, body piercing, and ear piercing;
(xxiii) "Salvage Yard" shall mean an outside area where motor vehicles are
disassembled and dismantled, where vehicles in an inoperable condition or
used motor vehicle parts are stored or re-sold, and/or where used equipment,
used appliances, scrap material and salvage for the purposes of wrecking,
dismantling or salvaging parts thereof for sale or other disposal are stored or
re-sold, and shall include an automobile wrecking yard or premises;
(xxiv) "Transient Trader" shall mean any person who offers goods, wares or
merchandise for sale in any manner in the Town, either directly or by way of
sample or catalogue for delivery later, other than on a permanent basis, and
also includes the business commonly known as a hawker or peddler;
(xxv) "Town" shall mean The Corporation of the Town of Milton;
(xxvi) "Town Clerk" shall mean the Town Clerk for the Town or his or her designate;
(xxvii) "Treasurer" shall mean the Treasurer for the Town or his or her designate;
(xxviii) "Zoning By-law" shall mean the Zoning By-law of the Town as amended from
time to time;
(xxix) "Zoning Officer" shall mean the Zoning Officer for the Town, or his or her
designate.
Page 3 of 47 of By-law No. 024-2018
2.
INTERPRETATION
2.1
This By-law includes the Schedules attached hereto and the Schedules are
hereby declared to form part of the By-law
3.
LICENSING OFFICER
3.1
The Licensing Officer shall:
(i)
Receive and process all applications for Licences and for renewal of
Licences to be issued under this By-law;
(ii)
Issue Licences to and renew Licenses for persons who meet the
requirements of this By-law;
(iii)
Enforce the provisions of this By-law;
(iv)
Generally perform all the administrative functions conferred upon him
or her by this By-law.
4.
LICENCE REQUIRED
4.1
The businesses listed in section 4.1 of this By-law, require a licence issued by
the Town under this By-law, to operate in the Town of Milton:
Personal Service Businesses
Transient Traders
Commercial Refreshment Vehicles
Salvage Yards
Kennels
4.2
A Licence issued under this By-law, authorizes a person to carry on a
business within the Town, and no person shall carry on such business until he
or she has obtained a Licence to do so.
4.3
No person shall carry on or engage in any business, unless the person has a
valid Licence or Licences permitting the person to do so.
4.4
The Licensing Officer may require the Applicant to obtain more than one
Licence under this By-law, if the nature of the business of the Applicant
qualifies under more than one licensing category as set out in section 4.1 of
this By-law.
4.5
The requirement of a Licence under this By-law is in addition to and not in
substitution for any other requirement to obtain a Licence or Licences under
Page 4 of 47 of By-law No. 024-2018
any other federal, provincial, or municipal regulation and does not relieve any
party from its obligations to comply with any other law.
4.6
No person shall enjoy a vested right in the continuance or renewal of a
Licence and the Licence shall be the property of the Town and shall remain
so regardless of the issuance, renewal, suspension, or revocation thereof.
4.7
This By-law is adopted by the Council of the Town for the purpose of
consumer protection, the protection of the health and safety of the public and
nuisance control.
5.
SUBMISSION OF LICENCE APPLICATION TO LICENSING OFFICER
5.1
An application for a Licence shall be completed on the forms provided by the
Licensing Officer.
5.2
A completed application for a Licence shall be delivered to the Licensing
Officer as described in the attached Schedules, and shall be accompanied by:
(i)
the fee in the appropriate amount as set out in the Town's User Fee
By-law, as amended from time to time;
(ii)
any other documentation required by the Schedules attached to this
By-law;
(iii)
if the Applicant is a corporation, a copy of the incorporating document
and a copy of the last annual information return which was filed with
the appropriate government department.
5.3
The Licensing Officer may make or cause to be made all investigations
deemed necessary or which are required by law or Council relative to the
application and may circulate the application to all or any other department
within the Town, the Regional Municipality of Halton, the Halton Regional
Police Service, the Medical Officer of Health or any other person or agency as
may be deemed necessary by the Licensing Officer.
6.
TERM OF LICENCE and PAYMENT OF FEES
6.1
Every Licence issued under this By-law shall expire at the end of February of
each year, except for Licenses for Transient Traders that shall expire on the
date indicated on the Licence, unless otherwise revoked or suspended under
this By-law prior to that date.
6.2
The rights granted by a Licence issued under this By-law apply only to the
business for which the Licence is issued.
Page 5 of 47 of By-law No. 024-2018
6.3
Each Licensee shall be required to renew the said Licence prior to the expiry
of the original Licence issued under this By-law and failing such renewal, the
Licensee must discontinue the operation of his or her business upon the
expiry of the Licence.
6.4
Where a complete application and required fee for the renewal of a Licence is
not submitted to the Licensing Officer before the expiry date of the Licence,
the Licence expires and in order to operate as a business listed in this By-law,
the Owner must make application for a new Licence in accordance with the
requirements of this By-law, rather than making application for a renewal of a
Licence.
6.5
Where a Licence has been revoked or suspended, the Licensee is not entitled
to a refund of the Licence fee.
6.6
When there has been a change in the documentation or information
previously provided to the Licensing Officer in connection with an application
for a Licence or renewal of a Licence under this By-law, regardless of how
that change in information or documentation comes to the attention of the
Licensing Officer or Council, the Licensing Officer acting on behalf of Council
or Council, may reconsider the granting or renewal of the Licence with or
without conditions, or consider a suspension or revocation of the Licence, in
accordance with the provisions of sections 10 to 12 of the By-law.
7.
LOCATION OF PREMISES
7.1
The location of all businesses shall comply with the provisions of the Zoning
By-law and/or any other applicable law.
7.2
The provisions of section 7.1 do not apply so as to prevent the renewal of a
Licence if the business was being lawfully carried on at that location in
accordance with the Zoning By-law when the original Licence was issued for
the business at that location and the business has continued to be carried on
in an uninterrupted fashion at that location, and the business is in compliance
with all other applicable laws and all other requirements of this By-law.
8.
GENERAL PROVISIONS OF BY-LAW
8.1
No person carrying on or engaged in any business or activity to which this By
law relates shall make a false or intentionally misleading recital of fact,
statement or representation, orally or in any agreement, statutory declaration
or application form required by this By-law, to the Town, to Council, any
committee of Council, the Town Clerk, the Licensing Officer, a Municipal Law
Enforcement Officer, an Animal Services Officer, the Medical Officer of
Health, a Peace Officer or a Police Officer, and the making of such a false or
Page 6 of 47 of By-law No. 024-2018
intentionally misleading recital of fact, statement or representation constitutes
an offence.
8.2
Every Owner licensed as such under this By-law shall, within five (5) days
after the selling, leasing or disposal of his or her business in respect of which
the Licence has been issued, or after ceasing to carry on the business, notify
the Licensing Officer in writing of such fact and surrender the Licence.
8.3
No person Licensed to carry on a business under this By-law shall advertise
or promote or carry on such business under any name other than a name
endorsed upon the Licence.
8.4
Every Licence shall have endorsed thereon the location of such business,
and such endorsement shall be for one location only, and such Licence shall
be valid only for the location endorsed thereon, except as otherwise provided
for in the Schedules to this By-law.
9.
RENEWAL OF LICENCE
9.1
To apply to renew a Licence, the Licensee shall submit a complete
application in the form required by the Town, along with any supporting
information or documentation of the type listed in section 5 of this By-law, if
required by the Town, and shall pay the required fee as set out in the Town's
User Fee By-law, as amended from time to time.
9.2
When a Licence can be renewed because it meets the requirements of this
By-law, the Licensing Officer shall issue a Licence, which shall set out the
expiry date of the Licence in accordance with section 6.1 of this By-law, and
the Licence is thereby renewed.
9.3
Notwithstanding that a Licence has been renewed, the Licensing Officer may
require the holder of a Licence to file with the Licensing Officer such
certificates or other documentary evidence as the Licensing Officer may
require as evidence that such Applicant satisfies the requirements of this By
law.
9.4
A Licence shall not be renewed by the Licensing Officer if Council, or the
Licensing Officer acting on behalf of Council, determines that there are
grounds that the conduct of any person, including the officers, directors,
employees or agents of a corporation, affords reasonable cause to believe
that the person will not comply with the requirements of this By-law, and/or
will not carry on or engage in the business which is the subject of the Licence
in accordance with the law or with honesty and integrity.
Page 7 of 47 of By-law No. 024-2018
SUSPENSION AND REVOCATION
10.1 In addition to any other penalty which may be imposed pursuant to this By
law, the Licensing Officer may suspend or revoke a Licence:
(i)
for failure to comply with any provisions of this By-law;
(ii)
on grounds that it is in the public interest to do so, including, but not
limited to, public health and safety reasons; and/or
(iii)
upon grounds that the conduct of any person, including the officers,
directors, employees or agents of a corporation, affords reasonable
cause to believe that the person will not carry on or engage in the
business for which the Licence was received in accordance with the
law or with honesty and integrity.
(iv)
where the Owner has misrepresented or omitted a material fact in his
or her application for the Licence being applied for.
10.2
A suspension shall be and remain in force until such time as the Licensee has
satisfied the Licensing Officer as to the Licensee's compliance with this By
law, and where applicable, the Licensee has satisfied the Licensing Officer
that the public interest no longer requires the suspension of such Licence or
there is no longer reasonable cause to believe that the Licensee will not carry
on or engage in the business in accordance with the law or with honesty or
integrity.
10.3 The Licensing Officer shall revoke any Licence that has been under
suspension for a period in excess of 120 days.
10.4 The decision of the Licensing Officer may be appealed to the Appeal
Committee in accordance with section 13 of this By-law.
10.5 Where a Licence has been revoked or suspended, the Licensee is not entitled
to a refund of any fee paid under this By-law.
11.
GROUNDS FOR REFUSAL TO ISSUE, REFUSAL TO RENEW, OR TO
SUSPEND OR REVOKE A LICENCE
11.1 An Applicant whose application meets all of the requirements of this By-law is
entitled to a Licence, or to the renewal of a Licence, and a Licensee who
meets all the requirements of this By-law is entitled to be able to continue to
hold a Licence, except where:
Page 8 of 47 of By-law No. 024-2018
(i)
having regard to his or her financial position, the Applicant/Licensee
cannot reasonably be expected to be financially responsible in the
conduct of the business which is to be Licensed or is Licensed;
(ii)
the past conduct of the Applicant/Licensee affords reasonable grounds
for the belief that the Applicant/Licensee will not carry on the activity for
which he or she is to be Licensed or to continue to be Licensed, in
accordance with law and with integrity and honesty;
(iii)
the issuance of the Licence or renewal of the Licence would be
contrary to the purposes of this By-law;
(iv)
the Applicant/Licensee is carrying on activities that are, or will be if the
Applicant is Licensed, in contravention of this By-law.
(v)
the Applicant/Licensee has misrepresented or omitted a material fact in
his or her Application for the Licence being applied for or for a prior
Licence.
(vi)
the Applicant/Licensee has failed to pay any fine or fines imposed by
the Court arising from convictions for breach of a by-law enacted by
Council or has failed to pay fines for convictions under the Provincial
Offences Act which are due and unpaid, or where a prohibition or other
Court order made upon conviction has not been complied with;
(vii)
there are reasonable grounds to believe that the building, premises or
place or part thereof in which the business is carried on or intended to
be carried on is dangerous or unsafe or in contravention of the Ontario
Building Code, the Fire Code or the Town's Property Standards By-
law;
(viii)
there are reasonable grounds to believe that the equipment, vehicles,
and other personal property used or kept for hire in connection with the
carrying on of or engaging in the business is dangerous or unsafe;
(ix)
the Applicant/Licensee fails to meet the Town's thresholds, as
described in Schedule "G" to this By-law, if applicable to the
Applicant's/Licensees category of business;
(x)
the Applicant/Licensee fails to maintain insurance as required by the
Schedules attached to this By-law;
(xi)
in addition, if the Applicant/Licensee is a corporation:
Page 9 of 47 of By-law No. 024-2018
(i)
having regard to its financial position, it cannot reasonably be
expected to be financially responsible in the conduct of the
business for which it is, or is to be Licensed;
(ii)
the past conduct of the officers or directors affords reasonable
grounds for the belief that the Applicant or the Licensee will not
carry on the activity for which he or she is to be Licensed or
continue to be Licensed in accordance with law and with
integrity and honesty; or
(iii)
the issuance of the Licence or renewal of the Licence would be
contrary to the purposes of this By-law.
12.
TERMS AND CONDITIONS ON LICENCE
12.1 (i)
The Licensing Officer may impose conditions as a requirement of
obtaining, continuing to hold or renewing a Licence under this By-law.
(ii)
The Licensing Officer may also impose special conditions on a
business in a class as a requirement of obtaining, continuing to hold or
renewing a Licence under this By-law that have not been imposed on
all of the businesses in that class, upon such grounds as are set out in
section 11 and/or section 12.2 of this By-law.
12.2 The Licensing Officer may impose conditions, including special conditions, on
the following grounds:
(i)
the Licensee has failed to comply with any provision of this By-law;
(ii)
it is determined to be in the public interest to impose such conditions,
including, but not limited to, public health and safety reasons; and/or
(iii)
it is determined that the conduct of any person, including the officers,
directors, employees or agents of a corporation, affords reasonable
cause to believe that the person will not carry on or engage in the
business in accordance with the law or with honesty and integrity.
12.3 The Licensing Officer may impose interim special conditions on businesses
that have Zoning status which is legal non-conforming, to bring these
businesses into conformity with the requirements of this By-law, and/or other
applicable law.
12.4 It shall be the condition of every Licence that the Licensee shall, in carrying
on the business:
Page 10 of 47 of By-law No. 024-2018
(i)
comply with the provisions of this By-law, and any other applicable law,
and ensure such compliance for every other person involved in the
carrying on of such business;
(ii)
at all times maintain and keep clean, safe, in good condition and repair
any vehicle, place or premises for which a Licence has been issued
under this By-law;
(iii)
not cause, tolerate or permit a nuisance to arise in connection with the
place or premises for which the Licence was issued;
(iv)
not cause, tolerate or permit shouting, noise or disturbance on or in
connection with the place or premises for which a Licence was issued,
which is unnecessary, unreasonable or contrary to any By-law
prohibiting the same, and if such shouting, noise or other disturbance
occurs, the Licensee shall at once take immediate steps to cause the
nuisance to be abated;
(v)
not cause, tolerate or permit any obstruction on any highway, sidewalk,
lane or public place in front of or adjoining the place or premises for
which a Licence was issued;
(vi)
not cause, tolerate, or permit any profane, offensive, or abusive
language in connection with any place or premises for which the
Licence was issued.
13.
OPPORTUNITY TO BE HEARD
13.1 The Licensing Officer shall refuse to issue, renew or may revoke or suspend
any Licence the issuance of which would be contrary to this By-law, but in
doing so the Licensing Officer shall notify the Applicant that he or she may
request that the Appeal Committee review his or her application.
13.2 The Licensing Officer's notice shall state that the Applicant/Licensee may
appeal the decision of the Licensing Officer to the Appeal Committee to
address the issues and grounds identified in the notice, and by paying the
required fee pursuant to the Town's User Fee By-law, as amended from time
to time. The notice shall also state that if the Applicant/Licensee does not
notify the Licensing Officer that the Applicant/Licensee requests an appeal,
the application for a Licence or renewal of a Licence may not be granted,
conditions, including special conditions, may be imposed, or the Licence may
be suspended or revoked and the Applicant/Licensee will not be entitled to
any further notice with respect to the matter.
13.3 If the Applicant/Licensee wishes to request an opportunity to be heard before
the Appeal Committee, the Applicant/Licensee must serve a notice in writing
Page 11 of 47 of By-law No. 024-2018
to that effect upon the Licensing Officer within fifteen (15) days of being
served with the Licensing Officer's notice, along with the applicable fee
required pursuant to the Town's User Fee By-law, as amended from time to
time.
13.4 (i)
Where
the
Licensing
Officer
receives
notice
from
the
Applicant/Licensee in accordance with subsection 13.3, the Licensing
Officer shall forthwith refer the matter to the Appeal Committee and
give the Applicant/Licensee notice of the date and time when the
Applicant/Licensee will have the opportunity to be heard on the matter
by the Committee.
(ii)
Where the Licensing Officer does not receive notice from the
Applicant/Licensee requiring an opportunity to be heard in accordance
with subsection 13.3, the Town need not process the application
further and no further notice is required to be served upon the
Applicant/Licensee, and the Licence or renewal of the Licence may not
be granted and Council may also suspend or revoke the Licence or
impose conditions, including special conditions, without hearing from
the Applicant/Licensee.
13.5 Where the Applicant/Licensee has satisfied all requirements under this By-law
for the issuance or renewal of a Licence and there are no grounds under this
By-law for denying the issuance or renewal of the Licence and the Licensing
Officer does not seek to have conditions imposed on the Licence, the
Licensing Officer shall issue or renew the Licence.
14.
APPEAL COMMITTEE
14.1 Where a matter has been referred to the Appeal Committee at the
Applicant's/Licensee's request, and the Applicant/Licensee does not attend
the scheduled meeting, the Appeal Committee may hold the meeting in the
absence of the Applicant/Licensee and otherwise proceed in accordance with
section 13 of this By-law.
14.2 At any meeting conducted by the Appeal Committee under this By-law, the
Appeal Committee can hear not only from the Applicant/Licensee, but also
from the Licensing Officer or other Town staff, any governmental or other
public agency, or the general public.
14.3 Upon the conclusion of a meeting conducted by the Appeal Committee under
this By-law, the Appeal Committee shall as soon as practicable:
(i)
make a written report to Council summarizing the evidence and
arguments presented by the parties;
Page 12 of 47 of By-law No. 024-2018
(ii)
set out the findings of fact made by the Appeal Committee; and
(iii)
set out the recommendations of the Appeal Committee with reasons
therefore on the merits of the application or matter in respect of which
the meeting has been conducted.
14.4 After considering the report of the Appeal Committee, Council may make any
decision permitted under this By-law in respect of the granting or refusal of
the issuance or renewal of a Licence, the imposing of conditions, including
special conditions, on a Licence or the revocation or suspension of a Licence,
that it might have made had it conducted the meeting itself and Council's
decision shall be final.
15.
RETURN OF LICENCE
15.1 Where a Licence has been suspended or revoked, the holder of the Licence
shall return the Licence to the Licensing Officer or Municipal Law
Enforcement Officer within twenty-four (24) hours of receipt of written
notification of the suspension or revocation. The Licensing Officer or
Municipal Law Enforcement Officer may enter the premises for the purpose of
receiving or taking the said Licence and no person shall refuse to deliver or in
any way obstruct or prevent the Licensing Officer or a Municipal Law
Enforcement Officer from obtaining the Licence.
16.
LICENCE PRODUCTION
16.1 Every person Licensed under this By-law shall, when requested by a
Municipal Law Enforcement Officer, the Licensing Officer, a Building
Inspector, the Medical Officer of Health, the Fire Chief, an Animal Services
Officer, or a Police Officer immediately produce his or her Licence issued
under this By-law, and other relevant documents required under this By-law.
16.2 Owners shall ensure that their Licence(s) is displayed in a conspicuous place
at their place of business at all times.
16.3 Every person obtaining a Licence under this By-law, where the same applies
to the business of such person, shall carry such Licence with him or her when
engaged in the business for which the Licence is issued, and every person so
Licensed shall, when so requested by the Licensing Officer, a Municipal Law
Enforcement Officer, a Police Officer, the Medical Officer of Health, an Animal
Services Officer, or the Fire Chief produce the Licence for inspection.
16.4 No Licence shall be transferred, except with the consent, in writing, of the
Licensing Officer.
Page 13 of 47 of By-law No. 024-2018
16.5 No person Licensed under this By-law shall, in respect of any person with a
disability,
(i) refuse to serve such person;
(ii) refuse to permit such person to enter into or upon any place, premises,
vehicle or thing to which the Licence relates; or
(iii) refuse to permit such person to remain in or upon such place, premises,
vehicle or thing, by reason only of the presence of such disability.
16.6 No person Licensed under this By-law shall, in respect of any physically
impaired person being guided or led by a dog:
(i) refuse to serve such person;
(ii) refuse to permit such person to enter with such dog into or upon any
place, premises, vehicle or thing to which the Licence relates; or
(iii) refuse to permit such person and such dog to remain in or upon such
place, premises, vehicle or thing, by reason only of the presence of the
said dog.
17.
NOTIFICATION OF CHANGE OF INFORMATION
17.1 Subject to sections 8.2 and 8.4 of this By-law, the holder of every Licence
issued under this By-law shall, upon changing his or her name, address, or
any information relating to the Licence, produce his or her Licence at the
office of the Licensing Officer within seven (7) working days for a Licence
containing the new information to be issued by the Licensing Officer.
17.2 Subject to sections 8.2 and 8.4 of this By-law, when the Licensee is a
corporation and there is any change in the relevant information relating to the
Licence, namely: names or addresses of officers or directors, location of the
corporate head office or change in the ownership of shares, the Licensee
shall report the change to the Licensing Officer, in writing, within seven (7)
working days of the change and, if necessary, the Licence shall be returned
immediately to the Licensing Officer and a new Licence containing the new
information will be issued by the Licensing Officer.
18.
DIRECTION TO COMPLY
18.1 Where the Licensing Officer, Municipal Law Enforcement Officer or an Animal
Services Officer finds that any provision of this By-law has been contravened,
the Licensing Officer, Municipal Law Enforcement Officer or Animal Services
Officer may give to the person believed to be the contravener a Direction,
Page 14 of 47 of By-law No. 024-2018
directing compliance with such provision, and may require the Direction to be
carried out forthwith or within such time as the Licensing Officer or a
Municipal Law Enforcement Officer specifies. Alternatively, the Licensing
Officer may suspend the Licence until the Licensee demonstrates to the
Licensing Officer that the Licensee is no longer in violation of the By-law.
19.
SIGNAGE
19.1 All Licensees must comply with the Town's Sign By-law, as amended from
time to time.
20.
INSPECTION
20.1 The Medical Officer of Health, a Municipal Law Enforcement Officer, the
Licensing Officer, an Animal Services Officer, a Police Officer, the Fire Chief,
a Peace Officer, or such other person as Council may designate may, at any
reasonable time, enter the business premises of the Applicant/Licensee for
the purpose of determining whether this By-law is being complied with and,
for this purpose, may make such examinations, investigations and inquiries
as are necessary to confirm compliance with this By-law, and no person shall
obstruct or hinder such examinations, investigations and inquiries.
20.2 No person shall withhold, destroy, conceal or refuse to furnish any information
or thing required by the Licensing Officer, a Municipal Law Enforcement
Officer, an Animal Services Officer, a Police Officer, the Medical Officer of
Health, the Fire Chief, a Peace Officer, or other person designated by
Council.
20.3 The Licensing Officer, a Municipal Law Enforcement Officer, an Animal
Services Officer, a Police Officer, the Medical Officer of Health, the Fire Chief,
or a Peace Officer is entitled to inspect any vehicle, goods, articles, books,
records and other documents of or relating to any business.
21.
USE OF TOWN PROPERTY
21.1 Permission must be obtained by a Licensee from the Commissioner of
Community Services, the Commissioner of Engineering Services, or other
applicable Town department prior to using Town property for the purposes of
a business.
22.
ACCESSIBILITY
22.1 Persons licensed under this By-law shall, where possible, make their
business accessible to persons with disabilities.
Page 15 of 47 of By-law No. 024-2018
23.
EXEMPTION
23.1 The Town is exempt from the provisions of this By-law.
24.
NOTICE
24.1 Any notice required to be given under this By-law is sufficiently given if
delivered personally or sent by registered mail to the Applicant/Licensee at
the address provided on the Licence application form.
24.2 Where service is effected by registered mail, it shall be deemed to be made
on the fifth (5) day after the date of mailing.
25.
SEVERABILITY
25.1 If a court of competent jurisdiction declares any section or part of this By-law
invalid, the remainder of this By-law shall continue in force unless the court
makes an order to the contrary.
26.
SHORT TITLE
26.1 This by-law shall be known as the Business Licensing By-law.
27.
PENALTY
27.1 Every person who contravenes any provision of this By-law and every director
or officer of a corporation, who concurs in the contravention by the
corporation, is guilty of an offence and on conviction is liable to a fine not
exceeding $25,000.
27.2 Notwithstanding section 27.1 of this By-law, a corporation which contravenes
any provision of this By-law is guilty of an offence and on conviction is liable
to a fine not exceeding $50,000.00.
27.3 This By-law shall be administered and enforced by the Licensing Officer, a
Municipal Law Enforcement Officer, an Animal Services Officer, the Fire
Chief, a Police Officer, a Peace Officer, or such other person as Council may
designate.
Page 16 of 47 of By-law No. 024-2018
29.
EFFECT
28.1
This By-law shall come into force and effect on the day it is passed.
PASSED IN OPEN COUNCIL ON MARCH 19, 2018.
Mayor
Gordon A. Krantz
Town Clerk
Troy McHarg
Page 17 of 47 of By-law No. 024-2018
SCHEDULE "A" TO BY-LAW NO. 024-2018
Personal Service Businesses
In addition to the other requirements of this By-law, the following regulations apply to
Personal Service Businesses as defined in this By-law:
1.
Schedule "A" relating to Personal Service Businesses is adopted by Council
for the Town for the purpose of consumer protection and health and safety.
2.
Every person who provides or performs medical or therapeutic treatment and
is licensed or registered to do so under the laws of the Province of Ontario is
exempt from the requirements of this Schedule.
3.
Every person carrying on a Personal Service Business who is not licensed or
registered to do so under the laws of the Province of Ontario shall contact the
Medical Officer of Health to review his or her specific qualifications. The
Medical Officer of Health shall advise the Town whether or not the person's
qualifications meet the requirements of section 2 of this Schedule.
4.
Those persons not exempt from the requirements of this Schedule shall, as
part of the application for a Personal Service Business Licence:
(i)
provide written confirmation from the Zoning Officer that the use of
the property is permitted under the Zoning By-law (this confirmation
will not be required for the renewal of a Licence);
(ii)
provide written confirmation from the Medical Officer of Health that
all necessary inspections have been completed and the business is
in compliance with the Personal Service Settings Protocol provided
by the Halton Region Health Department.
5.
Every person who carries on a Personal Service Business shall comply with
the Personal Services Settings Protocol under the Infection Control Program
of the Mandatory Health Programs and Services Guidelines, January 1998,
published by the Ministry of Health as authorized by the Health Protection and
Promotion Act, R.S.O. 1990, c. H. 7, as amended, and the requirements of
the Medical Officer of Health and the Personal Services Settings Protocol.
6.
Inspections of the business premises and enforcement of personal services
requirements will be the responsibility of the Medical Officer of Health, in
addition to Municipal Law Enforcement Officers.
Page 18 of 47 of By-law No. 024-2018
7.
For the purposes of this Schedule:
(a) "Attendant" means a person who provides body rubs, where Body Rubs are
performed or provided in conjunction with other personal care procedures.
(b) "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;
(c) "Operator" includes a proprietor or any person who alone or with others operates,
manages, supervises, runs or controls a Personal Service Business where Body
Rubs are performed or provided in conjunction with other personal care procedures;
(d) "Owner" means a person who alone or with others has the right to possess or
occupy a Personal Service Business where Body Rubs are performed or provided in
conjunction with other personal care procedures or actually does possess or occupy
such Personal Service Business, and includes a lessee of a Personal Service
Business where Body Rubs are performed or provided in conjunction with other
personal care procedures or premises upon which a Personal Service Business
where Body Rubs are performed or provided in conjunction with other personal care
procedures, is located;
(e) "Personal Service" means personal care procedures for any part of the body and
includes, but is not limited to acupuncture, hair cutting, manicuring and nail
treatments, electrolysis, aesthetics, tattooing and micro-pigmentation, body piercing,
and ear piercing.
(f) "Specified Body areas" means any one or more of the following: in the case of a
female person, her nipples and breasts; and in the case of all persons, the genitals
and the anus;
8. Body Rubs may be performed only in conjunction with personal care procedures,
in an area of a Personal Service Business that is less than TWENTY 20% of the
non-administrative floor space of the business. Storage areas are not to be included
in the calculation of floor space.
8.1 No person shall perform Body Rubs in conjunction with personal care
procedures, in an area of a Personal Service Business that is greater that TWENTY
20% of the non-administrative floor space of the business.
9. These persons applying for a Personal Service Business licence where Body
Rubs are performed shall provide the Licensing Officer with the information required
in this By-law, together with:
Page 19 of 47 of By-law No. 024-2018
(a) a floor plan of the Personal Service Business showing the designated room(s) 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 Personal Services
Business. In the event that the Owner or Operator wishes to amend the floor plan,
he or she shall first file a copy of the amended floor plan with the Licensing Officer,
and shall not proceed to make such alterations without first obtaining the approval of
the Licensing Officer.
(b) a Criminal Records Check for each Attendant.
10. Every recipient of a Body-Rub where Body Rubs are performed or provided in
conjunction with other personal care procedures, shall be clothed in a manner that
ensures that the person's Specified Body Areas are fully covered at all times by
opaque material.
11. Every Attendant shall be clothed in a manner that ensures that the Attendant's
Specified Body Areas are fully covered at all times by opaque material.
12. No Owner, Operator, or Attendant shall perform or permit, allow or cause to be
performed a Body-Rub as described in this Schedule, by or upon any person whom
he or she has reasonable cause to suspect has been exposed to or is suffering from
any communicable disease, including any communicable skin disease.
13. No Owner or Operator shall, in respect of any Personal Service Business where
Body Rubs are performed or provided as described in this Schedule, owned or
operated by such Owner or Operator, permit, allow or cause any Attendant to touch,
or be touched by, or have physical contact with, any person in any manner
whatsoever involving any Specified Body Areas. No Attendant shall, while at a
Personal Service Business where Body Rubs are performed or provided as
described in this Schedule, touch or allow, permit or cause herself or himself to be
touched or have physical contact with any other person in any manner whatsoever
involving any Specified Body Areas.
14. The Owner or Operator may designate one or more rooms for use as an office
and/or storage room. Such designated office and/or storage rooms may be equipped
or constructed with a locking device. The rooms for office and/or storage space shall
not be used for the provision of Body Rubs.
15. Every Owner or Operator shall ensure that no means of access to any room,
cubicle, enclosure or partitioned area in a Personal Service Business where Body
Rubs are performed or provided as described in this Schedule, save and except the
designated office and/or storage room, 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.
Page 20 of 47 of By-law No. 024-2018
16. In addition to complying with the Town's Sign By-law, all advertising, advertising
devices, including interior or exterior signage, and/or any other communication or
thing used to promote the Body Rub services of a Personal Service Business where
Body Rubs are performed, must be approved by the Licensing Officer.
17. Valid personal service business licenses may be extended to provide for a
mobile personal service for hair cutting, manicures and nail treatments. Mobile
personal service shall not be provided for massage, tattooing, body/ear piercing, or
any other category of personal service.
18. Each individual carrying on a mobile personal service as described in section 17
of this Schedule shall provide a criminal records check to the Licensing Officer. The
Licensing Officer shall refuse to issue a Licence if the Applicant has been convicted
of any of the charges listed in Schedule "K" or whether these convictions afford
reasonable cause to believe that the person will not provide a Mobile Personal
Service in accordance with the law or with honesty or integrity.
19. The Licensing Officer shall issue a photo identification card to the individual
providing the mobile personal service.
20. If a client is less than 18 years of age, a parent or guardian must be present
when the mobile personal service is being provided.
21. Every applicant for Mobile Personal Services and Personal Services Businesses
shall procure a Broad Form Commercial General Liability policy of insurance with
respect to the operations in a form satisfactory to the Treasurer endorsed to the
effect that the Town, through the Licensing Officer shall be given at least ten (10)
days' notice in writing of any cancellation. Such policy shall be written with limits of
no less than TWO MILLION DOLLARS ($2,000,000) per occurrence and shall apply
to all operations of the Named Insured and include coverage for bodily injury
including death, broad form property damage, personal injury, products and
completed operations liability, blanket contractual liability, contingent employer's
liability, non-owned automobile. It shall also include cross liability and/or severability
of interest clauses. A certified copy of such policy or a certificate of insurance must
be provided to the Licensing Officer thirty (30) days' prior to the issuance of the
required Licence and annually thereafter. If applicable Professional Liability
Insurance in an amount not less than One Million Dollars ($1,000,000) per claim
shall also be required, and a certified copy of such policy or a certificate of insurance
must be provided to the Licensing Officer thirty (30) days' prior to the issuance of the
required Licence and annually thereafter.
Page 21 of 47 of By-law No. 024-2018
SCHEDULE "B" TO BY-LAW No. 024-2018
Transient Traders
In addition to the other requirements of this By-law, the following regulations apply to
Transient Traders as defined in this By-law:
1.
Schedule "B" relating to Transient Traders is adopted by Council for the Town
for the purpose of consumer protection.
2.
Classes of Transient Traders:
The following shall be the classes of Transient Traders under this By-law:
(i)
Class 1 - Day Sales
Shall include the sale of goods such as, but not limited to, flowers,
foodstuffs, flags, publications, sundries, and fireworks, for a one to three
day period from one specific location where the commercial use is
permitted by the Zoning By-law, and approved by the Licensing Officer.
(ii)
Class 2 - Seasonal Sales
Shall include temporary businesses such as, but not limited to,
gardening product sales and Christmas tree sales for one period of up to
three months from one specific location and may include the use of a
temporary structure such as a greenhouse or sales office where such
commercial use is permitted by the Zoning By-law, and approved by the
Licensing Officer.
(iii) Class 3 - Door to Door Sales
Shall include any person that conducts door-to-door solicitation and/or
sales.
(iv) Class 4 - Antique/Collectible Show
Shall include the exhibiting or offering for sale, on a temporary basis, at
one location, of antique or collectible goods, wares or merchandise.
(v)
Class 5 - Craft Show
Shall include the exhibiting or offering for sale, on a temporary basis, at
one location by crafts people of goods, wares, or merchandise that they
themselves have produced.
Page 22 of 47 of By-law No. 024-2018
(vi) Class 6 - Manufacturing Show
Shall include the exhibiting or offering for sale, on a temporary basis, at
one location by several manufacturers or distributors, goods, wares or
merchandise which they themselves have produced or manufactured or
are distributing on behalf of the producer or manufacturer; but excludes
a consumer show open to the public or a trade show open by invitation
or registration only, the primary purpose of which is the display of goods
and products and not direct sale of them and also excludes a consumer
show or trade show operating as an integral part of a convention or
conference.
(vii) Class 7 - Flea Market
Shall include the exhibiting or offering for sale, on a temporary basis, at
one location by two or more vendors, a variety of goods, wares or
merchandise, but does not include a sale that consists of one type of
goods, wares or merchandise; and also does not include a Flea Market
that is in business on a permanent basis, as permitted under the Zoning
By-law.
(viii)
Class 8 - General
Shall include any Transient Trader not previously defined in Classes 1 to
7.
3.
For Class 1, 2, 3 and 8 Transient Traders, the person operating the business
shall obtain the necessary Licence(s) from the Licensing Officer.
4.
For Class 4, 5, 6 and 7 Transient Traders, the event organizer or property
owner shall obtain the necessary Licence(s) from the Licensing Officer.
5.
Every Applicant for a Transient Trader's Licence, as part of the application for
such Licence shall:
(i)
furnish a statement in writing containing a full description of the goods,
wares or merchandise to be sold or offered for sale under this Licence;
(ii)
provide written confirmation from the Zoning Officer, where applicable,
that the use of the property is permitted under the Zoning By-law;
(iii)
submit written permission for the use of the property from the property
owner, landlord or agent of the owner, before offering goods, wares or
merchandise for sale from privately owned lands;
Page 23 of 47 of By-law No. 024-2018
(iv)
submit an accurate drawing of the location from which any goods,
wares, or merchandise will be hawked, peddled, or sold, where
applicable. This drawing shall include the location of all sidewalks,
driveways, edges of roads and parking areas, and shall be drawn to
the satisfaction of the Licensing Officer;
(v)
provide written confirmation from the Medical Officer of Health
approving the sale of foodstuffs, if applicable;
(vi)
each individual carrying on Door to Door Sales as described in section
2(iii) of this By-law shall provide a criminal records check to the
Licensing Officer. The Licensing Officer shall refuse to issue a Licence
if the Applicant has been convicted of any of the charges listed in
Schedule "G" or whether these convictions afford reasonable cause to
believe that the person will not operate a Door to Door Sales business
in accordance with the law or with honesty or integrity;
6.
A Licence issued under Schedule "B" of this By-law is only applicable to the
items or types of items listed on the Licence and any change in the classes of
goods sold will require a new or separate Application.
7.
(i)
A Class 1 Licence shall expire on the date indicated on the Licence;
(ii)
A Class 2 Licence shall expire three (3) months after the date of issue,
as indicated on the Licence;
(iii) A Class 3 Licence shall expire one (1) week after the date of issue, as
indicated on the Licence;
(iv) A Class 4, Class 5, Class 6, Class 7, and Class 8 Licence shall expire
two weeks after the date of issue, as indicated on the Licence.
8.
A separate Transient Trader Licensce shall be obtained for each location from
which the goods, wares or merchandise is to be sold, and a Transient Trader
Licence will not be issued to one company or affiliated companies for more
than three (3) locations at one given time. (This section 8 does not apply to
Door to Door Sales).
9.
No person shall:
(i)
hawk, peddle or sell any goods, wares or merchandise in any manner
as to impede or confine vehicular or pedestrian traffic;
(ii)
hawk, peddle or sell any goods, wares or merchandise in any location
that is within six (6) meters of any driveway, curb, entranceway or exit
point, or within fifteen (15) meters of any intersection. No goods,
Page 24 of 47 of By-law No. 024-2018
wares
or
merchandise
shall
be
hawked
or
peddled
in
a
public/municipally owned parking lot, except for Class 2 - Seasonal
Sales;
(iii)
hawk, peddle or sell any goods, wares or merchandise in a location
within the defined limits of the Downtown Business Improvement Area
as illustrated in Schedule "J" to this By-law;
(iv)
act or carry on the business of a Transient Trader on municipally
owned or leased lands or facilities;
(v)
fail to comply with all applicable regulations of the Fire Code and all
requirements of the Town of Milton Fire Department;
(vi)
fail to comply with the requirements of the Zoning By-law.
10.
Schedule "B" does not apply to:
(i)
the sale of stock of a bankrupt or an insolvent, within the meaning of any
bankruptcy or insolvency Act in force in Ontario, nor to the sale of any
stock damaged by reason of fire, which is being sold or disposed of
within the municipality in which the business was being carried on at the
time of the bankruptcy, insolvency or fire, so long as no goods, wares or
merchandise are added to such stock; or
(ii)
the sale of a business to a purchaser who continues the business.
11.
Only one (1) sign is permitted, having a maximum sign area of 3.0m2 per face
used in conjunction with Licensed Class 1 Day Sales or Licensed Class 2
Seasonal Sales is permitted. Such sign does not require a permit and shall
be a portable sign. A Transient Trader will abide by the Town of Milton Sign
By-law, and By-law No. 97-2000 prohibiting signs on road allowances, as
amended, or any successor by-law, and any other Town or Region of Halton
by-law prohibiting signs on road allowances.
12.
No Licence shall be required for hawking, peddling or selling goods, wares or
merchandise:
(i)
to wholesale or retail dealers in similar goods, wares or merchandise; or
(ii)
if the goods, wares or merchandise are grown or produced by a farmer
resident in Ontario who offers for sale or sells only the produce of his or
her own farm.
13.
Persons selling goods, wares or merchandise on behalf of a charitable or
non-profit organization requires a Transient Trader Licence, however, the
Page 25 of 47 of By-law No. 024-2018
Licensing Officer on behalf of the Town, shall waive the licensing fee with
proof of charitable or non-profit status.
Page 26 of 47 of By-law No. 024-2018
SCHEDULE "C" TO BY-LAW NO. 024-2018
Commercial Refreshment Vehicles
In addition to the other requirements of this By-law, the following regulations apply to
Commercial Refreshment Vehicles as defined in this By-law:
1.
Schedule "C" relating to Commercial Refreshment Vehicles is adopted by the
Council for the Town for the purpose of consumer protection, nuisance control
and health and safety.
2.
For the purpose of this Schedule "C":
(i)
"operate" when used in relation to a Commercial Refreshment Vehicle
shall mean to drive the said Vehicle and offer refreshments for sale;
(ii)
"public place" shall mean a place to which the general public is invited or
permitted access, whether or not for a fee;
(iii) "refreshment" shall include but is not limited to fruit, candy, sandwiches,
cakes, doughnuts, pies, peanuts, popcorn, hot dogs, hamburgers, french
fries, potato chips, ice cream, ice cream bars and cones, iced water, iced
milk, or any other ice confectionary or other food or drink;
(iv) "Town property" shall mean land and premises owned by the Town, but
does not include highways.
3.
A person who wishes to operate a Commercial Refreshment Vehicle shall
make an application for a Commercial Refreshment Vehicle Licence under
this By-law. In the case where the operator does not own the vehicle to which
a Licence application is made, the application shall be a joint application by
both the owner and the operator of the Commercial Refreshment Vehicle.
4.
Every Applicant for a Commercial Refreshment Vehicle Licence or renewal of
a Commercial Refreshment Vehicle Licence shall provide to the Licensing
Officer, as part of the application for such Licence:
(i)
a current photograph of the Commercial Refreshment Vehicle that the
Applicant intends to use to sell refreshments. The Licence issued by the
Town shall be issued only for the Commercial Refreshment Vehicle
depicted in the photograph. The Applicant/Licensee shall not alter the
Commercial Refreshment Vehicle in any fashion without the written
approval of the Licensing Officer;
(ii)
the year and make of the Commercial Refreshment Vehicle;
Page 27 of 47 of By-law No. 024-2018
(iii) details regarding insurance coverage on the Commercial Refreshment
Vehicle as required by section 17 of this Schedule "C";
(iv) details regarding the food supplier used by the owner or operator of the
Commercial Refreshment Vehicle;
(v)
details regarding the number of hours the Commercial Refreshment
Vehicle is expected to be operated in Milton, as well as the principle area
of operation in Milton;
(vi) a criminal records check;
(vii) his or her original current driver's abstract from the Ministry of
Transportation, if applicable, dated within sixty (60) days of the date of
the application for a Commercial Refreshment Vehicle Licence under
this By-law. The Licensing Officer shall refuse to issue a Licence if the
Applicant has been convicted of any of the charges listed in Schedule
"G" of this By-law, or whether the driver's abstract affords reasonable
cause to believe that the person will not operate a Commercial
Refreshment Vehicle in accordance with the law or with honesty or
integrity;
(viii) upon the initial application and each subsequent renewal for a
Commercial Refreshment Vehicle Licence, take the Commercial
Refreshment Vehicle in question for inspection by the Medical Officer of
Health. The Applicant shall attach to the Licence application the
inspection report/letter indicating that the Medical Officer of Health has
approved the Commercial Refreshment Vehicle for the purpose of selling
refreshments to the general public. The inspection report/letter must be
dated within the last six (6) months prior to the date that the Commercial
Refreshment Vehicle Licence application or renewal is presented to the
Licensing Officer (Notwithstanding the foregoing, subsection 4(viii) of this
Schedule "C" does not apply to applications for a Class C Commercial
Refreshment Vehicle Licence);
(ix) information regarding the use of propane appliances as required by
section 18 of this Schedule;
(x)
written approval from the Zoning Officer, where applicable, that the use
of any property to operate a Commercial Refreshment Vehicle is
permitted under the Zoning By-law;
5.
A Commercial Refreshment Vehicle Licence may be issued, restricted to one
or more of the following classifications:
Page 28 of 47 of By-law No. 024-2018
Class A: A Commercial Refreshment Vehicle from which refreshments sold
are prepared in a commissary or a place other than the Commercial
Refreshment Vehicle (includes catering trucks).
Class B: A Commercial Refreshment Vehicle that is exclusively a vendor of
factory pre-packaged frozen products (includes ice cream trucks).
Class C: A Commercial Refreshment Vehicle that is non-motorized and does
not require a health certificate from the Medical Officer of Health
because it is exclusively a vendor of factory pre-packaged frozen
products (includes ice cream bikes, yoghurt and juice carts).
Class D: A Commercial Refreshment Vehicle from which any refreshments
sold are prepared or apportioned at the Commercial Refreshment
Vehicle (hot dog carts, chip trucks).
6.
An Applicant who applies for a Class D Commercial Refreshment Licence,
shall, if required, enter into a Site Plan Agreement with the Town. If the
Commissioner of Planning and Development states that a Site Plan
Agreement is not required, the Applicant shall provide written confirmation
from that Director stating that such Agreement is not required. If a Site Plan
Agreement is required, at the time of application for a Commercial
Refreshment Licence, the Applicant shall provide proof that the Agreement
has been registered on title to the lands where the Class D Commercial
Refreshment Vehicle is to be located.
7.
Every operator, driver of or assistant in a Commercial Refreshment Vehicle
from which refreshments are sold for consumption by the public shall observe
and comply with the following regulations or cause the same to be observed
and complied with:
(i)
the Commercial Refreshment Vehicle from which the refreshments are
sold, shall be of a type approved by the Licensing Officer, a Municipal
Law Enforcement Officer, or the Medical Officer of Health;
(ii)
all condiments, milk, cream and sugar shall be dispensed from
containers approved by the Licensing Officer, the Medical Officer of
Health, or a Municipal Law Enforcement Officer;
(iii) only single-service disposable cups, plates, containers, forks, spoons
and serviettes provided in dispensers or individually wrapped shall be
used in the sale of all refreshments;
(iv) every person selling or handling refreshments shall wear clean clothes,
be clean and neat in appearance, and have clean hands;
Page 29 of 47 of By-law No. 024-2018
(v)
the Commercial Refreshment Vehicle and all parts and equipment
thereof for use in the dispensing of refreshments shall at all times be
kept in a clean and sanitary condition and in good repair;
(vi) all milk sold from the Commercial Refreshment Vehicle shall be kept in
dry storage at a temperature no higher than 5 degrees Celsius and shall
be sold only in individual disposable containers;
(vii) all sandwiches, cakes, doughnuts, pies and other similar foods shall be
wrapped and sold in individual servings;
(viii) the date of preparation shall be clearly and legibly marked as such on or
affixed to the wrapper of all sandwiches sold from the Commercial
Refreshment Vehicle;
(ix) no prepared foods other than those kept in unopened cans shall be sold
more than twenty-four (24) hours after their preparation;
(x)
the Commercial Refreshment Vehicle shall be equipped so as to
maintain hot, prepared foods at a temperature of not less than 66
degrees Celsius, and such foods shall be kept so heated; and
(xi) all refreshments sold from the Commercial Refreshment Vehicle shall be
clean, fresh and in a wholesome state suitable for human consumption.
8.
No Licensee to whom this Schedule relates shall permit or allow any person
other than an employee of the Licensee to operate the Commercial
Refreshment Vehicle or any person other than an employee of the Licensee
to assist in the sale of refreshments from the Commercial Refreshment
Vehicle.
9.
No person to whom this Schedule relates shall sell, permit or offer for sale
any refreshments not prepared, assembled and wrapped under conditions
complying with the requirements of the Medical Officer of Health.
10.
Every Licensee to which this Schedule relates shall comply with, or cause to
be complied with, the following regulations:
(i)
the body, doors and windows of such Commercial Refreshment Vehicle
shall be of sufficiently sound construction to provide reasonable
protection against dust, dirt, flies and other injurious or unhealthy matter
or things;
(ii)
the floor of such vehicle shall be of a suitable impervious material, free of
holes, cracks or crevices, and the surface thereof shall be readily
washable and shall be kept clean and in good condition;
Page 30 of 47 of By-law No. 024-2018
(iii) the Commercial Refreshment Vehicle shall have painted in a contrasting
colour on both side panels in letters and figures at least 10 centimeters
high, the name and business telephone number of the Licensee thereof;
(iv) the Commercial Refreshment Vehicle shall be equipped with either:
(a) a metal refuse container with a self-closing lid which shall be kept
at all times in a clean and sanitary condition and emptied at least
once daily; or
(b) a disposable litter container, which shall be replaced daily; and
such containers shall be used for the disposal of all refuse.
11.
Every Licensee shall take out a separate Licence for each Commercial
Refreshment Vehicle operated by him or her, and the plate issued in respect
of such Licence shall be securely affixed to the rear of the Vehicle, or in a
location designated by the Licensing Officer or a Municipal Law Enforcement
Officer.
12.
Before a new Licence is issued, the Licensee must return the previous year's
plate to the Licensing Officer.
13.
Every Licensee shall keep a list of drivers/operators of Commercial
Refreshment Vehicles Licensed under this Schedule. The list shall include
the name, address, telephone number and age of the driver/operator, and in
the case of drivers/operators of motorized vehicles, the driver's/operator's
Provincial driver's licence number. The list shall cross reference the
Commercial Refreshment Vehicle licence plate number issued by the Town
with each driver/operator of the Commercial Refreshment Vehicle. A current
list shall be kept by the Licensee and shall be produced upon the request of
any officer or employee of the Town, the Region of Halton or the Halton
Regional Police Service.
14.
Every owner of a Commercial Refreshment Vehicle shall, whenever required
to do so by the Licensing Officer or Municipal Law Enforcement Officer, bring
such Vehicle to any person designated by the Licensing Officer or a Municipal
Law Enforcement Officer to inspect the same, at the place and time indicated
by the Licensing Officer or Municipal Law Enforcement Officer.
15.
No refreshments shall be sold from a Commercial Refreshment Vehicle
drawn by an animal.
16.
Every Licensee of a Commercial Refreshment Vehicle to which this Schedule
relates shall:
Page 31 of 47 of By-law No. 024-2018
(i)
at the time he or she receives his or her Licence, specify in writing to the
Licensing Officer the source of supply of all refreshments to be sold from
the Commercial Refreshment Vehicle;
(ii)
notify the Licensing Officer in writing forthwith of any change in such
source of supply;
(iii) refrain from selling, offering or permitting to be sold from the Commercial
Refreshment Vehicle any refreshments from a source of supply other
than that specified by him or her in writing to the Licensing Officer.
17.
Every Applicant and Licensee of a Commercial Refreshment Vehicle shall
procure a policy of insurance with respect to the operation of the Commercial
Refreshment Vehicle, in a form satisfactory to the Treasurer, endorsed to the
effect that the Town, through the Licensing Officer, shall be given at least ten
(10) days' notice in writing of any cancellation, expiration or variation in the
amount of the policy and insuring in at least the amount of $2,000,000.00
(exclusive of interest and costs) comprehensive against loss or damage
resulting from bodily injury to or death of one or more persons, or from loss of
or damage to property resulting from any one accident, as a result of or
arising from the operation of the Commercial Refreshment Vehicle. A
certified copy or certificate of such policy shall be deposited with the
Licensing Officer.
18.
Applications for Commercial Refreshment Vehicles with propane appliances,
must include at the time of Licence application:
(i)
vehicle ownership;
(ii)
a copy of a propane safety check certificate issued by a licensed
propane fitter;
(iii) the type and number of propane appliances installed at the time of the
safety check;
(iv) written confirmation from the Fire Chief confirming that the Refreshment
Vehicle(s) meets the requirements of the Fire Department.
19.
Every Commercial Refreshment Vehicle equipped with a heater shall also be
equipped with a 5lb all purpose fire extinguisher.
20.
All Commercial Refreshment Vehicles with propane appliances must comply
with Fire Department regulations for the operation of such appliances.
21.
No person shall sell refreshments within 100 metres of the entrance or exit to
any school grounds or public parks, or within 15 meters of an intersection or a
Page 32 of 47 of By-law No. 024-2018
bus stop, or within 30 meters of any school ground or public park. No person
shall sell refreshments within 1 meter of any driveway, or 6 meters of any
entranceway, or exit point. No person shall sell refreshments from areas
designated as parking spaces, unless there is sufficient parking in the area
beyond the requirements of the Zoning By-law. No person shall sell
refreshments from any landscaped area, untraveled area of a road allowance
or in any location that will impede the flow of vehicular or pedestrian traffic.
All persons selling refreshments shall abide by posted parking regulations in a
commercial or industrial area.
22.
No designated parking space within the road allowance shall be used to sell
refreshments.
23.
No person shall stop any Commercial Refreshment Vehicle to sell
refreshments on the travelled portion of a highway. For the purpose of
stopping off the travelled portion of a highway to sell refreshments while
servicing a construction site or work crew, in no case shall the duration of
such stop exceed 15 minutes.
24.
Every Licensee and every operator of a Commercial Refreshment Vehicle
that remains in any location for a period exceeding 15 minutes shall:
(i) submit an accurate drawing of the location for selling refreshments to the
Zoning Officer at the time of application for zoning approval, and the
selling of the refreshments may be from the approved location only; and
(ii) provide written permission from the property owner, clearly identifying the
location and the zoning of the property. This written permission shall be
kept with the Commercial Refreshment Vehicle and produced at the
request of the Licensing Officer, a Police Officer, or a Municipal Law
Enforcement Officer.
25.
No person shall solicit business to a Commercial Refreshment Vehicle
through the use of any noise-making device in a manner likely to disturb
inhabitants, and shall comply with the requirements of the Town's Noise By
law.
26.
No vehicle shall be operated on Town property or Regional property for the
purpose of soliciting, offering for sale or selling food or refreshments.
27.
Every Licensee and every operator of a Commercial Refreshment Vehicle to
which a Class A Licence has been issued shall be restricted to areas zoned
as industrial or commercial and to workers on construction projects in any
zone.
Page 33 of 47 of By-law No. 024-2018
28.
Every Licensee and every operator of a Commercial Refreshment Vehicle to
which a Class D Licence has been issued shall be restricted to areas where
the Zoning By-law permits the retail sale of food.
29.
Only one (1) licensed vendor of refreshments shall be permitted per location,
property, or premises.
30.
On Application for a Commercial Refreshment Vehicle Licence by a charitable
or non-profit organization, the Licensing Officer or Council may waive the
payment of the Licence fee required pursuant to this By-law. The charitable
or non-profit organization shall be required to prove its status to the
satisfaction of the Licensing Officer.
31.
Notwithstanding section 26 of this Schedule "C", the Commissioner of
Community Services may request that a Commercial Refreshment Vehicle be
permitted to operate on Town property. At the time of application for this
special Licence, the Applicant shall present the written request from the
Director of Community Services, written confirmation from the Treasurer that
the Applicant has provided adequate insurance coverage, and all other
provisions of this By-law must be complied with.
Page 34 of 47 of By-law No. 024-2018
SCHEDULE "D" TO BY-LAW NO. 024-2018
Salvage Yards
In addition to the other requirements of this By-law, the following regulations apply to
Salvage Yards as defined in this By-law:
1.
Schedule "D" regulating Salvage Yards is adopted by the Council for the
Town for the purpose of nuisance control, health and safety of the public and
consumer protection.
2.
For the purpose of this Schedule "D":
(i)
"Fence" shall mean a structure of either metal or wood. The metal or
wood used must be specifically intended for use as fencing, and such
fencing shall be constructed in a way to fully obscure the Salvage Yard
from view. Such fence shall be constructed to a height of between 2.43
metres and 3.0 metres, and constructed to discourage entry. The fence
shall have gateways with a clear width of at least 3.5 m and shall be high
enough to permit the entry of Fire Department vehicles. The gateways
shall be kept clear of obstructions so that the gates may be opened fully
at all times, and shall be locked when the Salvage Yard is not staffed;
(ii)
"Holiday" shall mean "holiday" as defined in the Retail Business Holidays
Act, R.S.O. 1990. c. R.30, as amended;
(iii) "Off-Street Parking" shall mean the parking of a motor vehicle licensed
for the current year on the lands of the Salvage Yard but outside of the
Fenced area of the Salvage Yard, during the hours when a Salvage Yard
may be operated;
3.
No person shall operate a Salvage Yard, or permit a Salvage Yard to be
operated other than in those areas that are designated for such use under the
Zoning By-law.
4.
An Applicant who applies for a Salvage Yard Licence, shall, if required, by the
Commissioner of Planning and Development, enter into a Site Plan
Agreement with the Town. If the Director states that a Site Plan Agreement is
not required, the Applicant shall provide written confirmation from the
Commissioner of Planning and Development stating that such Agreement is
not required. If a Site Plan Agreement is required, at the time of application
for a Salvage Yard Licence, the Applicant shall provide proof that the
Agreement has been registered on title to the lands where the Salvage Yard
is to be located.
Page 35 of 47 of By-law No. 024-2018
5.
No Salvage Yard Licence shall be issued or renewed until the property to be
Licensed has been inspected by the Fire Chief, a Municipal Law Enforcement
Officer, the Licensing Officer or other Town employee and found to meet the
following requirements:
(i)
the area to be used as a Salvage Yard shall be fenced so that the
portion fronting a highway shall be enclosed by a Fence as described in
section 2(i) of this Schedule "F" and the side yards that do not abut a
highway shall be enclosed by a Fence as described in section 2(i) for a
distance of two-thirds of the depth of the property, measured from the
front of the property. The remainder of the property shall be fenced to
discourage entry, and chain link and/or metal or wood fencing as
described in section 2(i) may be used to fence this portion of the
property;
(ii)
the Fence enclosing the Salvage Yard shall not be located closer than
7.62 m from the nearest highway;
(iii) Off-Street Parking shall be provided in accordance with s.2(iii) of this
Schedule "F" and as required by the Site Plan Agreement, if any, and
any other applicable law;
(iv) all requirements of the Fire Code and the Town of Milton Fire
Department.
6.
No salvage material shall be placed in a Salvage Yard so as to have a higher
elevation than any point on the Fence surrounding the Salvage Yard.
7.
Any salvage material whatsoever stored, placed or deposited outside the
Fence by any person, including the owner of the property, Licensee or
employee of a Salvage Yard, shall be removed immediately from the area
outside the Fence by the Licensee, or, in the event the Salvage Yard is
closed at the time, immediately upon opening the Salvage Yard to the general
public.
8.
No Salvage Yard shall transact any sale or be open for business to the
general public except between the hours of 7:00 a.m. and 9:00 p.m., Monday
through Saturday. The Licensee and the owner of the property shall ensure
that all provisions of the Town's Noise By-law are complied with.
9.
The Licensee shall maintain an up to date register, entered in the English
language, with consecutively numbered pages, recording the details of all
sales and purchases, including:
(i)
the name and address of each vendor or purchaser;
Page 36 of 47 of By-law No. 024-2018
(ii)
the make, model and serial number of the item;
(iii) the amount paid or received; and
(iv) the date and time of the transaction.
The register that is required to be kept by the Highway Traffic Act, as
amended, for the buying, selling, wrecking or otherwise dealing in second
hand motor vehicles, trailers or bicycles shall be sufficient to meet the
requirements of section 9 of this By-law respecting the sale and/or purchase
of second hand motor vehicles, trailers or bicycles. The buying, selling or
otherwise dealing in items or goods other than motor vehicles, trailers or
bicycles must be recorded in a register as described in section 9 of this By
law.
Said register shall be in electronic or paper format and the Licensee shall
retain said register for the current year and the previous year. The Licensee
shall produce the register for inspection upon the request of the Licensing
Officer, a Municipal Law Enforcement Officer, or a Police Officer.
10.
The Licensee shall provide the Licensing Officer, a Fire Official, a Police
Officer, or a Municipal Law Enforcement Officer with access to the Salvage
Yard at any time for inspections respecting compliance with this By-law.
11.
Every accessory building, structure or Fence and every part thereof shall be
kept in good repair and free from safety, fire and accident hazards and be
maintained in a structurally sound condition, so as to be capable of sustaining
its own weight, together with any load to which it might reasonably be subject.
12.
The Licensee or his or her employees shall notify staff at the nearest police
station, or a Police Officer, the Licensing Officer or a Municipal Law
Enforcement Officer of the name and description of any person who offers the
Licensee or his or her employees goods or articles of any kind which the
Licensee or his or her employees has cause to believe may have been stolen
or unlawfully obtained.
13.
No Licensee or his or her employees shall purchase, take in exchange or
receive any goods or articles from any person actually or apparently under
sixteen (16) years of age or from any person who appears to be under the
influence of drugs or alcohol.
Page 37 of 47 of By-law No. 024-2018
SCHEDULE "E" TO BY-LAW NO. 024-2018
Kennels
In addition to the other requirements of this By-law, the following regulations apply to
Kennels as defined in this By-law.
1.
Schedule "E" regulating Kennels is adopted by the Council for the Town for
the purpose of consumer protection and nuisance control.
2.
In this Schedule "E":
(i)
"Dog Tag" shall mean a disc or other shape of metal or plastic
furnished by the Town in connection with the licensing and
registering of a dog, which tag shall demonstrate that the dog has
been licensed and registered with the Town;
(ii)
"Dwelling Unit" shall mean a room or rooms in which a kitchen,
living quarters and sanitary conveniences are provided for the
exclusive use of the residents and with a private entrance from
outside the building or from a common hallway or stairway inside;
(iii)
"Kennel Operator" shall mean any person who owns, operates,
manages, controls or supervises any Kennel within the Town;
(iv)
"Veterinary Clinic" shall mean a premises where animals or pets
are given medical or surgical treatment, within which there may be
shelter facilities provided for overnight medical treatment, but shall
not include a Kennel;
(v)
"Veterinary Hospital" shall mean a premises where animals or pets
are given medical or surgical treatment, within which there may be
shelter facilities provided for overnight or long-term medical
treatment and may include accessory boarding facilities, but shall
not include a Kennel.
3.
No person shall keep more than three (3) dogs over twelve (12) weeks of age
or five (5) cats over the age of six (6) weeks unless a Kennel Licence is
obtained from the Town under this By-law.
4.
Any business where the principal or accessory use is a Kennel must obtain a
Kennel Licence.
5.
Each Application for a Kennel Licence shall be made on the form provided by
the Licensing Officer and shall be accompanied by the following information:
Page 38 of 47 of By-law No. 024-2018
(i)
a detailed drawing of the property showing the location of the Kennel in
relation to the Dwelling Unit, dog runs, fencing, and other buildings on
the property;
(ii)
a letter of compliance from the Zoning Officer stating that all provisions
of the Zoning By-law have been complied with (Notwithstanding the
foregoing, this subsection 5(ii) does not apply to applications to renew a
Kennel Licence);
(iii) written confirmation from the Medical Officer of Health that the Kennel
meets all requirements of the Halton Region Health Department, and all
applicable health regulations. Written confirmation from the Medical
Officer of Health shall be only required for an Application for renewal of a
Licence when directed by the Licensing Officer or an Animal Services
Officer;
(iv) written permission from the registered owner of the lands where the
Kennel is located, if the Applicant is not the owner of the lands,
confirming that such registered owner permits the Kennel use;
(v)
payment of the applicable fee as prescribed in the Town's User Fee By
law, as amended from time to time.
6.
Notwithstanding section 5 of this Schedule "E", the renewal of a Kennel
Licence shall be made on the form provided by the Licensing Officer and shall
be accompanied by the appropriate fee as prescribed in the Town's User Fee
By-law, as amended from time to time.
7.
Before a Kennel Licence will be issued or renewed, an Animal Services
Officer shall inspect the Kennel.
8.
Before issuing a Kennel Licence or a renewal of a Kennel Licence, the
Licensing Officer shall contact Animal Services Officers to ensure that there
are no convictions for cruelty to animals against the Applicant. A conviction
for cruelty to animals is grounds to refuse to issue, renew or to revoke or
suspend a Kennel Licence.
9.
Owners of dogs used in a law enforcement role by the Halton Regional Police
Service, the Ontario Provincial Police, the Royal Canadian Mounted Police,
the Canadian Military, or any other public law enforcement agency are not
required to obtain a Kennel Licence from the Town.
10.
The location of the Kennel shall conform to the provisions of the Zoning By
law.
11.
The building in which the Kennel is operated shall:
Page 39 of 47 of By-law No. 024-2018
(i)
be separated and enclosed and shall not be attached to a Dwelling Unit
or any other building which is or can be used for human habitation;
(ii)
conform to the Building Code Act and the Ontario Fire Code, as well as
any other applicable law, and be maintained in such a manner as to be
free from damage;
(iii) have a floor of concrete or other impermeable material and shall have a
drain opening constructed as a plumbing fixture, and such floor shall be
thoroughly cleaned daily, or more often if necessary;
(iv) be maintained in a sanitary, well ventilated, clean condition and free from
offensive odours;
(v)
have proper climate control;
(vi)
have electric lighting;
(vii) have hot and cold running water;
(viii) have a food preparation area.
12.
All animals shall:
(i)
be kept in adequately sized cages to allow the animal to extend its legs
to their full extent, stand or sit, turn around or lie down in a fully extended
position, and all cages are to be constructed solely of metal, wire or
impermeable concrete block;
(ii)
be kept in sanitary, well-bedded, well-ventilated, clean quarters and such
quarters shall be maintained and kept at a healthy temperature at all
times;
(iii) be adequately fed and watered, periodically each day and kept in a
clean, healthy condition, free from vermin and disease.
Page 40 of 47 of By-law No. 024-2018
13.
Every Kennel Operator shall:
(i)
ensure that competent and experienced Kennel staff or attendants are
on duty for a minimum of eight (8) hours in every twenty-four (24) hour
period, including weekends;
(ii)
record, in the English language, the names and addresses of the
owners of all animals cared for at the Kennel;
(iii)
record the dates of arrival and departure of all animals cared for at the
Kennel;
(iv)
produce breeding records when requested to do so by the Licensing
Officer or an Animal Control Officer.
(v)
where clipping and grooming service is performed, such clipping and
grooming shall be carried out in the Kennel building only.
(vi)
no Kennel Operator shall permit the operation to become a nuisance
by reason of noise that disturbs residents, including the barking of
dogs.
(vii)
the Licensing Officer or an Animal Services Officer may at any
reasonable time enter a Kennel and inspect to ensure compliance with
this By-law.
(viii)
Where animal runs are permitted under the Zoning By-law as part of a
Kennel:
(a) no Kennel Operator shall permit a dog to utilize the runs between
the hours of 8:00 p.m. and 9:00 a.m., except during supervised
exercise periods, at which time the Kennel Operator or Kennel
staff shall be in direct control of the dog;
(b) the perimeter of the animal run shall be enclosed by a closed
board fence, having a minimum height of 2 meters (6 feet), and
shall be constructed around such area, and shall be deemed part
of the Kennel for the purposes of this By-law.
(c) notwithstanding subsection 13(viii)(b), the perimeter of the animal
run in a Kennel business existing prior to the date of the passage
of this By-law may be enclosed by a chain link fence, if such
fence was in place prior to the passage of this By-law. However,
a closed board fence, having a maximum height of 2 metres (6
feet) may be required by the Town to be constructed around the
perimeter of the animal run if or when the Kennel business
Page 41 of 47 of By-law No. 024-2018
becomes a public nuisance as determined by the Town. Such
closed board fence shall be deemed part of the Kennel for the
purposes of this By-law.
Page 42 of 47 of By-law No. 024-2018
SCHEDULE "F" TO BY-LAW NO. 024-2018
Page 43 of 47 of By-law No. 024-2018
SCHEDULE "G" TO BY-LAW NO. 024-2018
Business Licensing Thresholds for the Town of Milton
Classes of Offences:
1 - Violent offenses resulting in death
2 - Violent and sexual offences
3 - Prostitution and violent property offenses
4 - Property and negligence offenses
5 - Narcotics offenses
6 - Highway Traffic Act ("HTA") offenses
Class Code
Offense
1
Accessory after the fact to murder
1
Attempt to commit murder
1
Manslaughter
1
Murder
2
Acquisition of firearms without firearms certificate
2
Assault
2
Causing bodily harm with intent - firearm
2
Criminal negligence
2
Dangerous operation of motor vehicles, vessels and aircraft
2
Indecent acts
2
Kidnapping
2
Procuring
2
Sexual offenses
2
Sexual offenses
2
Use and possession of firearms
2
Using explosives
3
Arson
3
Extortion
3
Offense in relation to prostitution
3
Participation in activities of criminal organization
3
Possession of property obtained by crime
3
Robbery
4
Criminal harassment
4
Failure to stop at scene of accident
4
Fraud
4
Operation while impaired
4
Theft
4
Theft, forgery, etc. of credit card
5
Importing and exporting
5
Laundering proceeds of crime
Page 44 of 47 of By-law No. 024-2018
5
Possession
5
Possession of property obtained by proceeds of crime
5
Production
5
Trafficking
6
Careless driving
6
Exceeding speed limit by 50 km/hr
6
Failing to remain at the scene of an accident
6
Failing to stop for a school bus
6
Failing to stop when signalled or requested by a Police Officer
6
Racing
Commercial Refreshment Vehicles
1. The Licensing Officer shall not issue or renew a Commercial Refreshment
Vehicle Licence if the Applicant/Licensee has:
any criminal offence convictions involving minors;
any convictions for violent offences resulting in death within the last 10 years;
any convictions for violent and sexual offences within the last 2 years;
2 or more convictions for violent and sexual offences within the last 5 years;
any convictions for property and negligence offences or narcotics offences
within the last year;
3 or more convictions for property and negligence offences or narcotics
offences, or combinations thereof, within the last 5 years;
any convictions for Highway Traffic Act offences within the last 2 years;
accumulation of 9 demerit points;
overdue by-law fines.
2. The Licensing Officer shall revoke or suspend a Licence if, during the current
tenure of the Commercial Refreshment Licence, the Licensee is:
convicted of any criminal offence involving minors;
convicted of any violent offences resulting in death charges;
convicted of any violent and sexual charges;
convicted of any property and negligence offences or narcotics charges, or a
combination thereof;
convicted of any Highway Traffic Act charges;
accumulation of 9 demerit points;
owing overdue by-law fines.
Page 45 of 47 of By-law No. 024-2018
Transient Trader - Door to Door Sales
1. The Licensing Officer shall not issue or renew a Transient Trader Licence if the
Applicant/Licensee has:
any criminal offence convictions involving minors;
any convictions for violent offences resulting in death within the last 10 years;
any convictions for violent and sexual offences within the last 2 years;
2 or more convictions for violent and sexual offences within the last 5 years;
any convictions for property and negligence offences or narcotics offences
within the last year;
3 or more convictions for property and negligence offences or narcotics
offences, or combinations thereof, within the last 5 years;
overdue by-law fines.
2. The Licensing Officer shall revoke or suspend a Transient Trader Licence if,
during the current tenure of the Licence, the Licensee is:
convicted of any criminal offence involving minors;
convicted of any violent offences resulting in death charges;
convicted of any violent and sexual charges;
convicted of any property and negligence offences or narcotics charges, or a
combination thereof;
owing overdue by-law fines.
Definitions:
Violent Offences Resulting in Death = accessory after the fact to murder,
attempt to commit murder, manslaughter, murder
Violent and Sexual Offences = acquisition of firearms without firearms
certificate, assault, causing bodily harm with intent - firearm, criminal
negligence, dangerous operation of motor vehicles, vessels and aircraft,
indecent acts, kidnapping, procuring, sexual offences, use and possession of
firearms, using explosives
Property and Negligence Offences = criminal harassment, failure to stop at
scene of an accident, fraud, operation while impaired, theft, theft, forgery, etc.
of a credit card
Narcotics Offences = importing and exporting, laundering proceeds of crime,
possession, possession of property obtained by proceeds of crime,
production, trafficking
Page 46 of 47 of By-law No. 024-2018
Highway Traffic Act Offences = careless driving, exceeding speed limit by 50
km/hr, failing to remain at the scene of an accident, failing to stop for a school
bus, failing to stop when signalled or requested by a police officer,
accumulation of 9 demerit points, racing
Page 47 of 47 of By-law No. 024-2018