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Business Bylaw 2020-31
Page 1 of 17
Corporation of the Town of Newmarket
By-law 2020-31
OFFICE CONSOLIDATION
This is a consolidation of the Town's By-law to regulate and licence businesses
to operate in the Town of Newmarket, being By-law 2020-31, as amended by
the below listed by-laws and is prepared for reference and information
purposes only. The following consolidation is an electronic reproduction made
available for information only. It is not an official version of By-law 2020-31.
Official versions of all by-laws can be obtained from Legislative Services by
calling 905-953-5300. If there are any discrepancies between this consolidation
and By-law 2020-31 and listed amending by-laws the official by-laws shall
prevail.
2021-09 - March 1, 2021
Rooftop patios
2021-34 - June 21, 2021
Personal Wellness Establishments
2022-39 - June 6, 2022
2023-36 - June 5, 2023
Regarding Hearing Officers
A By-law to regulate and licence businesses to operate in the Town of
Newmarket.
Whereas Section 151 of the Municipal Act 2001, S.O. 2001, c25, as amended,
establishes that a municipality may provide for a system of licences with
respect to a business;
And whereas the Council of the Town of Newmarket deems it advisable to
pass such by-law;
Therefore be it enacted by the Council of the Corporation of the Town of
Newmarket as follows:
1. Title
This By-law may be known and cited for all purposes as the "Business
Licence By-law 2020-31".
2. Definitions
In this By-law:
"Animal" means any member of the Animal kingdom other than a human;
"Applicant" means a Person applying for a Business Licence to carry on a
Business, activity, or undertaking pursuant to this By-law;
Alternative Massage" means any massages that is not provided by persons
licensed, or registered as a regulated health professional under the laws of
the Province of Ontario by the College of Massage Therapists as registered
massage therapists or massage therapists to provide medical or therapeutic
in nature, nor is it designed to appeal to erotic appetites or inclinations;
"Attendant" means any Person other than a licensed Owner or Operator
who provides Services designed to appeal to the needs of a particular
Business;
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"Bird" means a warm-blooded egg-laying vertebrate distinguished by the
possession of feathers, wings, and a beak and (typically) by being able to fly;
"Bed and Breakfast" means a dwelling or part of a dwelling in which not
more than three (3) bedrooms are used or maintained for the accommodation
of the travelling public, in which the Owner-occupant supplies lodgings with
or without meals for hire or pay;
"Business" means the carrying on of a commercial or industrial undertaking
of any kind or nature, or the providing of professional, personal, or other
services as set out in Section 8 of this By-law, but does not include any
activity carried on by the government, its agencies, or government owned
corporations;
"Business Licence" or "Licence" means a Licence to operate a Business
pursuant to this By-law;
"Commercial Rooftop Patio" means any portion of a rooftop dedicated as a
serving area that is an accessory use to a restaurant or to a commercial use:
"Council" means Council for the Corporation of the Town of Newmarket;
"Dwelling Unit" means a room or group of rooms to be used by one family
that functions as a single independent housekeeping unit in which cooking
facilities, living quarters and sanitary facilities are provided for the exclusive
use of those residing within the unit only, and with a private entrance from
outside the building or from a common hallway or stairway inside;
"Fees and Charges By-law" means the Town of Newmarket Fees and
Charges By-law 2019-52, as amended;
"Hearing Officer" means the Hearing Officer appointed by the Town;
"Licensee" means a Person licensed under this By-law:
"Licensing Officer" means an individual appointed by the Town as a
Municipal Enforcement Officer or any other individual designated by the
Town to enforce this By-Law;
"Live Music" means any live performance utilizing an instrument ones' voice,
a device or electronic equipment to amplify music, or any other form of live
performance;
"Lot" means a parcel of land which is legally capable of being conveyed in
accordance with the Planning Act R.S.O. 1990, Chapter 13 as amended, or is
described in accordance with a registered Plan of Condominium.
"Manager" means the Town of Newmarket Manager of Regulatory Services
or their designate;
"Market" means sell, offer for sale, promote, canvass, solicit, rent, advertise,
book, arrange or facilitate sale or rental, and includes placing, posting, or
erecting advertisements physically or online;
"Municipal Enforcement Officer" means an individual appointed by the
Town as a Municipal Law Enforcement Officer or any other individual
designated by the Town to enforce this By-law;
"Opaque Barrier" means a barrier which does not permit the transmission of
light through its structure;
"Operator" or "Owner" means any Person that operates or owns a
Business as identified in this By-law;
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"Outdoor Serving Area" means any area on private or public property which
is licensed to serve alcohol and is used by a business for the serving or
consumption of food, beverages or refreshments which is not enclosed within
a building structure or is exposed to the outdoors;
"Permanent Resident" in respect of any dwelling or Lot means a Person
who normally resides in a dwelling on the Lot and for these purposes a
Person cannot normally reside at more than one location;
"Permitted Animal" means an Animal identified as a "Permitted Animal" as
listed in the Town's Animal Control By-law Schedule 'A', as amended;
"Person" includes a natural Person, corporation, partnership or party, and
the Personal or other legal representatives or a Person to whom the context
can apply according to law;
"Personal Wellness Attendant" means any Person who performs, offers, or
solicits an Alternative Massage at a Personal Wellness Establishment;
"Personal Wellness Establishment" means any premises or part thereof
where an Alternative Massage is performed, offered or solicited in exchange
for payment;
"Pet Store" means a Premises in which the primary purpose of Animals or
Birds for use as pets, or goods and merchandise associated with such
Animals or Birds, are offered or kept for Retail sale or rental to the public;
"Premises" means the area of a building and/or Lot occupied or used by a
Business or enterprise. In a multiple tenancy buildings occupied by more
than one Business, each Business shall be considered a separate
Premises;
"Retail" means the sale of products or goods to the ultimate consumer,
usually in small quantities, in the ordinary course of Business;
"Short Term Rental" means all or part of a Dwelling Unit used to provide
temporary sleeping accommodations for any rental period that is less than 28
consecutive days in exchange for payment. This includes a Bed and
Breakfast but excludes hotels, motels and accommodations where there is
no exchange for remuneration;
"Short Term Rental Company" means any Person who facilitates or
brokers Short Term Rental reservations via the internet and who:
(a) receives payment, compensation, or any financial benefit due to, as a
result of, or in connection with a Person making or completing
reservations of those Short Term Rentals; or
(b) collects, accesses, or holds information on the number of nights that
reservations of those Short Term Rentals are made or completed.
This definition does not apply to a Person who facilitates or brokers
reservations for a Short Term Rental that is the principal residence of that
person or their immediate family. In this definition, "Person" includes multiple
Persons who, acting together, carry on the Business of a Short Term
Rental Company, despite the fact that no single one of those Persons
carries on the activity in its entirety, and such may be held jointly and
severally responsible for each other's actions;
"Sign By-law" means the Town of Newmarket Sign By-law 2017-73, as
amended;
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"Town" means the Corporation of the Town of Newmarket in the Regional
Municipality of York;
"Veterinarian" means a Person qualified and authorized to practice
veterinary medicine;
"Zoning By-law" means the Town of Newmarket Zoning By-law 2010-40,
as amended.
3. General Regulations
(1) A Person must not carry on any Business unless that Person holds a
valid and subsisting Business Licence issued to that Person for that
Business within the Town.
(2) Every Business shall comply with all federal, provincial, and municipal
by-laws and regulations applicable to the Business and the Business
Premises.
(3) If a Person operates a Business at more than one Premises, that
Person shall apply for and maintain a separate Business Licence for
each Premises.
(4) If a Person operates more than one type of Business at the same
Premises, that Person shall apply for and maintain a separate
Business Licence for each Business.
(5) Every holder of a Business Licence shall post or display the
Business Licence at the place of Business in a location visible to
customers and suppliers attending the Business.
(6) Every Business Licence issued shall be deemed to be a personal
Business Licence to the licensee therein named.
(7) A valid Licence will permit a Business to conduct the specific
activities to the stated extent described in the Licence application. If a
Business entity makes any changes to the information contained in its
Business Licence application or information, undertakes new
Business activities or expands those activities, it is required to obtain
a new Business Licence or a Business Licence amendment for
those activities.
(8) No Person operating a Business within the Town shall Market that
Business or its products and services through any means of
promotion unless:
(a) the Person operating that Business is the holder of a valid
Business Licence issued pursuant to this By-law;
(b) the Business name being promoted or marketed matches the
named endorsed on the Business Licence; and
(c) the marketing offers products and services that comply with
Town by-laws and related enactments.
(9) No Person shall carry on a Business of any kind, in any way or
manner on Town owned property, parks, boulevards, highways or
other public property unless specifically authorized to do so by a
permit under this Bylaw or another enactment.
4. Administration and Enforcement
(1) Through delegated authority, the Manager may:
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(a) grant, issue, or amend a Business Licence if the Licensing
Officer is satisfied that the Applicant has complied with all of
the by-laws of the Town and related enactments that apply to
the Applicant's Business;
(b) suspend, cancel, or refuse to issue a Business Licence in
accordance with Section 7 of this By-law;
(c) impose conditions on a Licence at the time of issuance,
renewal, or suspension for the purposes of ensuring
compliance with all applicable enactments pertaining to the
Business;
(d) conduct inspections and investigations to ensure that all
regulations and provisions prescribed in this By-law are carried
out; and
(e) prepare, from time to time, forms to be used for the purpose of
making applications under this By-law.
(2) No Person shall Obstruct or attempt to Obstruct a Licensing Officer
or other Person who is exercising a power or performing a duty under
this By-law.
5. Licence Fees
(1) Business Licence fees shall be in accordance with those specified in
the Town of Newmarket Fees and Charges By-law.
(2) An administrative penalty of 25% of the renewal fee shall be added to
each unpaid Business Licence after 31 days from the renewal date. If
unpaid by this time, the Licence shall be revoked and a new
Business Licence application shall be required.
(3) If an application for a Licence is withdrawn, in writing, prior to the
issuance of the Licence, the Licence Fee shall be refunded to the
Applicant if a Licence was pre-paid.
(4) No Licence Fee shall be refunded after the issuance of a Licence.
6. Application and Renewal
(1) The terms of a Business Licence issued under this By-law are for a
period commencing January 1st and ending December 31st of the
year for while the Licence is issued.
(2) All new Business Licence applications shall be accompanied by a
non-refundable $50.00 application processing fee. If a Business
Licence application is approved, the application processing fee shall
be applied to the Business Licence fee identified under the Fees and
Charges Bylaw.
(3) Every Applicant for a new Business Licence or for the renewal of a
Business Licence issued under this By-law shall:
(a) submit a completed application on the forms provided;
(b) file proof satisfactory to the Licensing Officer that they are
eighteen (18) years of age or older, a citizen of Canada, or a
landed immigrant or produce a valid work permit issued by the
Government of Canada; to work in the occupation of the
Licence type that they are applying for;
(c) provide a copy of the:
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(i) incorporating document and a copy of the last annual
information return which has been filed with the
appropriate government department, if the Applicant is
a corporation; or
(ii) registered declaration of partnership, if the Applicant is
a registered partnership;
(d) provide any other document relating to the operation of the
Business requested by the Licensing Officer, including but
not limited to:
(i) a provincial driver's Licence;
(ii) Vulnerable Sector Screening Search or Criminal
Conviction Background Search issued by the Police
Service in which the Applicant resides;
(iii) Harmonized Sales Tax (HST) number;
(iv) York Regional Health Department Inspection Certificate;
(v) Insurance Certificates;
(e) pay any required fees pursuant to the Town's Fees and
Charges By-law; and
(f) pay any outstanding fine(s) owed to the Town prior to the
issuance of a Business Licence.
(4) If a Person submits a Business Licence application for which
additional information or documentation is required by the Licensing
Officer, the Person shall supply all required information and
documentation within 30 days of the request made by the Licensing
Officer, after which time the application may be refused and a new
application for a Business Licence is required.
7. Suspension, Cancellation, and Refusal
(1) The Manager may revoke, suspend, cancel or refuse to renew or
issue a Licence:
(a) where the past conduct of the Applicant or licensee affords
reasonable grounds for belief that the Applicant or licensee will
not carry on the activity for which the Applicant is applying for
or the licensee is licensed for, in accordance with law and with
integrity and honesty;
(b) where the Applicant of licensee has been found by the
Manager or Licensing Officer to fail to comply with any
provision of this By-law; or
(c) where the Applicant has been found by the Manager to
provide false information in order to obtain a Business
Licence.
(2) Upon such revocation, suspension, cancellation, or refusal to issue or
renew a Business Licence, the Manager shall provide a formal letter
outlining the reason(s) for the refusal and shall be delivered to the
Applicant or licensee within seven (7) business days. Such notice
shall set out and give reasonable particulars of the ground(s) for the
decision and options for an Appeal Hearing.
(3) An Applicant or licensee of a Business Licence may request a
hearing before the Hearing Officer for reconsideration of the
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Manager's decisions to revoke, suspend, cancel, or refuse to issue or
renew a Business Licence by delivering a written request to the
Manager within fourteen (14) days of the Manager's decision being
sent.
(4) The Applicant or licensee of a Business Licence must pay a non
refundable Appeal Fee in accordance with the Fees and Charges
Bylaw.
(5) Before the Hearing Officer makes any decision, a written notice to
advise the Applicant or licensee of the recommendations being made
by the Manager with respect to the Licence shall be provided to the
Applicant or licensee.
(6) The Applicant or licensee shall have the right to make a submission
in support of an application or renewal or retention of a Licence before
the Hearing Officer.
(7) Failure for the Applicant or licensee to attend the scheduled hearing
before the Hearing Officer shall result in the proceeding of the
hearing.
(8) The decision of the Hearing Officer is final and binding.
(9) No Person shall conduct any Business pursuant to their Business
Licence during a period of suspension of that Business Licence.
(10) No Person shall Market a Business during a period of suspension
of that Business' Licence.
(11) If the Manager suspends, cancels or refuses to issue, amend or
renew the Business Licence for a Business, the Town may post a
notice of suspension, cancellation, or refusal on the Premises of the
Business.
(12) A posted notice of suspension, cancellation, or refusal of a Business
Licence shall not be removed until the Manager has approved the
issuance of a valid Business Licence.
(13) If a Business is operating without a Licence required under this By-
law, the Town may post a notice describing the failure to hold a valid
Business Licence on the Premises of the Business.
(14) A posted notice of operating without a Business Licence shall not
be removed until the Manager has approved the issuance of a valid
Business Licence.
8. Specific Regulations
8.1
Pet Stores
(1) Every Pet Store shall be maintained at all times in a sanitary, well-
ventilated, clean condition, and free from offensive odours.
(2) Every Animal shall be kept in sanitary, well-bedded, well-lighted,
clean quarters, kept at a temperature appropriate for the health
requirements of the type or species of Animal housed therein.
(3) Every cage or other container used for the keeping or housing of any
Animal shall:
(a) be of adequate size to permit any such Animal to stand
normally to its full height, to turn around, and to lie down in a
fully extended position;
Business Bylaw 2020-31
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(b) in the case of a cage or other container used to keep or house
only Birds, have a removable metal or other impermeable
bottom which shall be cleaned daily;
(c) in the case of all other cages or containers, have a floor of
either solid or wire mesh construction or any combination
thereof, provided that:
(i) all spaces in wire mesh shall be smaller than the pads of
the foot of any Animal confined therein;
(ii) any such wire mesh shall be of a thickness and design
adequate to prevent injury to any such Animal; and
(iii) such floor shall be of sufficient strength to support the
weight of any such Animal;
(d) be equipped with receptacles for food and for water, so
mounted or situation that they cannot be easily overturned or
contaminated; and
(e) be located and enclosed in a manner as to prevent undue
physical contact with the public.
(4) Fresh water shall be provided daily to every Animal in sufficient
quantity to maintain at all times a potable supply available to such
Animal.
(5) Animals shall be fed periodically each day in accordance with the
particular food requirements of each type or species of Animal kept
within the Pet Store.
(6) Every Applicant licensed or required to be licensed with the Town
under this By-law shall:
(a) provide to every purchaser of a cat or dog a health assessment
from a licensed Veterinarian to verify the Animal has received
up to date veterinary care;
(b) only permit a cat or dog within the Pet Store for the purpose of
sale, where facilitated through adoption, and where the cat or
dog has been obtained from one (1) of the following sources:
(i) municipal Animal shelters;
(ii) registered humane societies;
(iii) registered shelters; or
(iv) a recognized Animal rescue group;
(c) provide all enclosed dogs or cats reasonable exercise;
(d) not keep or sell any sick, injured, or diseased Animals unless
under the direction of a veterinarian;
(e) not display any Animal in an exterior display window;
(f) not permit to be sold, offer for sale, or give away any Animal
before it has reached the normal weaning age, based on known
requirements of that particular species; and
(g) give the purchaser on any sale all available information
pertaining to the disposition of any dog or cat, a receipt showing
the name and address of the vendor and the purchaser, the
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date of sale, the sale price, the breed or crossbreed, sex, age,
and description.
(7) Every Pet Store shall maintain a registry of each dog or cat purchased
or otherwise obtained. Each entry shall be made at the time each dog
or cat comes into the possession of any Owner, employee, or Person
associated with the Pet Store and shall include:
(a) the date of purchase;
(b) a full description of the dog or cat;
(c) the name, address, and contact information of the Person from
whom the dog or cat was obtained; and
the Pet Store shall retain the register in respect of each transaction for
the period of twelve (12) months thereafter and be made available to
the Manager upon request.
(8) Every Pet Store shall ensure that an Attendant in charge of and
responsible for the care and safe keeping of Animals within the Pet
Store remains on site at all times during the Business hours of
operation.
(9) Only Permitted Animals, as identified within the Town's Animal
Control By-law Schedule A, shall be sold in any Pet Store.
(10) Every Person licensed under this By-law shall make every
reasonable effort to obtain the name, address and description of
anyone offering to sell or give to the licensee any Animal which the
licensee has cause or reason to suspect has been stolen or otherwise
unlawfully obtained and the licensee shall report the facts promptly to
the nearest Police Division of the Region of York Police Services.
(11) Where the Licensing Officer or Municipal Enforcement Officer
determines that an Animal appears to require medical attention, they
may require the licensee to take the Animal to a qualified
Veterinarian forthwith.
8.2
Short Term Rental Operators
(1) No more than one (1) Short Term Rental is permitted on a Lot.
(2) Short Term Rentals shall only be operated within one (1) Dwelling
Unit on a Lot.
(3) Short Term Rentals shall provide one (1) off-street parking space for
each bedroom identified as in use by the Business. In addition to this
requirement, one (1) off-street parking space shall be provided for the
Permanent Resident of the property.
(4) Each bedroom intended to be operated as part of a Short Term
Rental shall be clearly identified at the time of a new or renewal
Business Licence application process through the provision of a floor
plan showing the location of each bedroom.
(5) Any changes to the number or location of bedrooms shall be provided
to the Municipal Enforcement Officer through a Licence
amendment application, prior to those bedrooms being used by the
Business.
(6) An Operator of a Short Term Rental shall not:
(a) rent out or provide any sleeping accommodations within any
vehicle, tent, or any accessory building;
Business Bylaw 2020-31
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(b) permit more than three (3) bedrooms to be made available for
use;
(c) permit more than (6) overnight guests at one time; or
(d) permit beds or bedrooms to be used that are not identified on
the Business Licence application for that Premises.
(7) An Operator of a Short Term Rental shall post or display the
Business Licence number on any Marketing, advertisements, or
promotions for that Business.
(8) An Applicant for a Short Term Rental shall provide:
(a) proof that they are a Permanent Resident on the property; or
(b) the name of the Permanent Resident(s) on the property and a
copy of a tenancy agreement, or other proof satisfactory to the
Licensing Officer, of an existing and ongoing principal
residential use, at the time of a new or renewal application.
(9) An Operator of a Short Term Rental shall ensure that a Permanent
Resident on the property is present and available within the Town at
all times while guests are staying on the Premises, and is able to
respond to concerns raised by guests, neighbours, or the Licensing
Officer within two (2) hours.
(10) An Operator of a Short Term Rental shall provide to each guest and
the Licensing Officer the telephone number of the Person who is
present or available to respond to concerns pursuant to Town by-laws
or provincial regulations.
(11) No Person shall Market, operate, or make available any Dwelling
Unit or part of a Dwelling Unit for paid accommodation of less than
28 days unless that Dwelling Unit has a current Short Term Rental
Licence.
(12) Upon approval of a Short Term Rental Business Licence, the
Applicant shall post a sign in conformity with the Town's Sign By-
law, to identify the Premises as a licensed Short Term Rental within
the Town.
(13) Every Short Term Rental shall comply with Schedule A of this By-
law as a condition of their Business Licence and shall comply with
the demerit point system licensing requirements imposed.
(14) Every Short Term Rental Operator shall only Market, list, or
advertise their Business on a licensed Short Term Rental Company
platform.
8.3
Short Term Rental Companies
(1) No Person shall carry on the Business of a Short Term Rental
Company unless they have obtained a Licence to do so from the
Town.
(2) No Person shall, Market, advertise, facilitate the advertising or rental
of, or broker a Short Term Rental if its Operator is not licensed as
such with the Town.
(3) Every Person shall take down or remove a listing or advertisement
related to an unlicensed Operator within 24 hours of being requested
to do so by the Town.
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(4) An application for a Short Term Rental Company Licence shall be in
a form approved by the Manager and require the Applicant to
provide:
(a) The Short Term Rental Company's registered Business
address in Ontario;
(b) The name, phone number and e-mail address of a Person
responsible for responding to all communications from the
Town;
(c) Details of the process by which the Short Term Rental
Company will remove advertisements for a Short Term Rental
if its Operator has not obtained a Licence with the Town;
(d) Details of the Short Term Rental Company's procedure for
dealing with problem Operators and responding to complaints;
and
(e) Any other information or documentation required by the
Manager.
(5) A Short Term Rental Company shall comply with all applicable fees
as identified within the Town's Fees and Charges By-law.
(6) An Applicant for a Short Term Rental Company Licence shall, prior
to being issued a Licence, execute an agreement with the Town
governing the use, retention, and disclosure of Operator and guest
information on terms satisfactory to the Manager.
(7) Every Short Term Rental Company shall keep a record of each
concluded transaction in relation to a Short Term Rental listed or
advertised on its platform for three (3) years following the last day of
the rental period. A transaction is concluded on the last day of the
rental period. The records retained shall include the following:
(a) The name, address, and Licence number of the Operator;
(b) The number of nights the Short Term Rental was rented;
(c) The nightly and total price charged for the Short Term Rental;
(d) Whether the rental was an entire-unit rental or room rental; and
(e) Any other information required by the Manager.
(8) Every Short Term Rental Company shall keep a record of the
number of Short Term Rental listings or advertisement it removed
from its platform in accordance with Sections 8.3(1) and 8.3(2) of this
By-law.
(9) Every Short Term Rental Company shall provide the records referred
to in this section to the Town upon the request of the Manager.
(10) Every Short Term Rental Company shall create Operator and
guest accounts on its platforms as requested by the Manager, to be
used to investigate compliance with this By-law.
(11) No Short Term Rental Company shall obstruct, in any manner,
access to any accounts established for use by the Manager or
Licensing Officer to investigate compliance with this By-law.
8.4
Outdoor Serving Areas
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(1) Prior to the submission of their business licence application, every
Owner or Operator shall ensure that they are in compliance with all
federal, provincial, and municipal requirements, including but not
limited to the:
(a) Alcohol and Gaming Commission of Ontario;
(b) Central York Fire Services;
(c) Town's Planning Department;
(d) Town's Building Department; and
(e) York Region Public Health.
(2) Every Owner or Operator who proposes to sell or offer for sale
alcohol from the Outdoor Serving Area shall provide to the Manager,
at the time of their application, a copy of the Liquor Licence issued by
the Alcohol and Gaming Commission of Ontario.
(3) Every Owner or Operator shall ensure the Outdoor Serving Area
operated at all time in accordance with the Alcohol and Gaming
Commission of Ontario.
(4) No Owner or Operator shall operate or permit the occupancy of any
Outdoor Serving Area between the hours of 1:00 a.m. and 11:00
a.m.
(5) Every Outdoor Serving Area that is located within 40m of the
property line of an adjacent residential property shall be required to
install a solid, translucent, or Opaque Barrier that is a minimum of
1.8m in height along its perimeter for the purpose of noise reduction
and security.
(6) Every Outdoor Serving Area which is illuminated in an area adjacent
to a residential use shall ensure all lighting fixtures and illumination are
arranged, designed, and installed to deflect the light down and away
from residential buildings, lots, and streets.
(7) Any person that proposes to operate an Outdoor Serving Area on
public property along Main Street and between Millard Avenue and
Water Street must first obtain approval from the Town's Planning
Department.
(8) Notwithstanding Section 6(1) of this By-law, every Outdoor Serving
Area located on public property shall only be permitted between April
1st and October 30th within the same calendar year,
8.5
Commercial Rooftop Patios
(1) Prior to the submission of their business licence application, every
Owner or Operator shall ensure that they are in compliance with all
federal, provincial, and municipal requirements, including by not
limited to the:
(a) Alcohol and Gaming Commission of Ontario;
(b) Central York Fire Services;
(c) Town's Planning Department;
(d) Town's Building Department; and
(e) York Region Public Health
(2) Every Owner or Operator shall only operate or permit the occupancy
of any Commercial Rooftop Patio between the hours of 9:00 a.m.
and 11:00 p.m. within the same calendar day.
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(3) No Live Music shall be permitted on any Commercial Rooftop Patio
at any time.
(4) Notwithstanding Section 8.5(3) above, an Owner or Operator of a
Commercial Rooftop Patio can apply for a noise exemption permit to
allow Live Music for special event purposes.
(5) Any other form of music permitted on a Commercial Rooftop Patio
shall comply with the Town of Newmarket Noise Bylaw 2017-76, as
amended.
(6) Every Commercial Rooftop Patio shall be required to install a solid,
translucent, or Opaque Barrier that is a minimum of 1.8m in height
along its perimeter for the purpose of noise reduction and security,
unless otherwise authorized by the Town.
(7) Every Commercial Rooftop Patio which is illuminated in an area
adjacent to a residential use shall ensure all lighting fixtures and
illumination are arranged, designed, and installed to be dark sky
compliant and to deflect the light down and away from residential
buildings, lots, and streets.
8.6
Personal Wellness Establishments
(1) Every room intended to be operated as part of a Personal Wellness
Establishment shall be clearly identified at the time of a new or
renewal Business Licence application process through the provision
of a floor plan showing the location of each room.
(2) Every Owner or Operator of a Personal Wellness Establishment shall
submit a copy of a signed declaration demonstrating that the property
owner and lessor has been informed of the nature of the owner's
business.
(3) Every Owner or Operator of a Personal Wellness Establishment shall
submit to the Town:
a. a list of all Personal Wellness Attendants affiliated with the
Personal Wellness Establishment, where the list shall include
the following:
i. proof satisfactory to the Licensing Officer that each
Personal Wellness Attendant is eighteen (18) years of
age or older, a citizen of Canada, or a landed immigrant
or produce a valid work permit issued by the
Government of Canada; to work in the occupation of
Alternative Massage services or similar occupation
category;
ii. government issued photo identification;
iii. complete contact information for each Personal Wellness
Attendant, including full name, phone number, and
address; and
iv. An itemized list of services each Personal Wellness
Attendant is qualified to perform.
b. a certificate, diploma, or other documentation certifying that the
Personal Wellness Attendant has, in respect to the Alternative
Massage Services intended to be offered or provided,
successfully completed a training program from an accredited
Business Bylaw 2020-31
Page 14 of 17
educational institution within or outside of Canada which
establishes to the satisfaction of the Manager the appropriate
requisite training;
c. notwithstanding Section 8.6(3)(b), every Owner or Operator of a
Personal Wellness Establishment offering or providing services
where no accredited educational institution offers such training
for Personal Wellness Attendants, the following shall be
submitted:
i. the name and membership number (if applicable) of the
Personal Wellness Attendant;
ii. the Alternative Massage modality or modalities practiced
by the Personal Wellness Attendant;
iii. proof satisfactory to the Manager that the Personal
Wellness Attendant is a member in good standing of the
association; and
iv. any other relevant documentation upon the request of
the Manager.
(4) Prior to the issuance of a Personal Wellness Establishment Licence,
the Manager may require one or more of the following be completed:
a. an interview with the Owner or any Personal Wellness
Attendant employed by the Owner to ensure they are qualified
to offer Alternative Massage services;
b. an onsite inspection to verify the details of the application; and
c. the application be referred to York Region Public Health, York
Region Police, or any other Town department for the purpose of
providing non-binding input.
(5) Every Personal Wellness Establishment shall ensure:
a. the Town has been notified of any Personal Wellness Attendant
employed by the business prior to the Personal Wellness
Attendant beginning to offer services at the Personal Wellness
Services Establishment and all information listed in Section
8.6(3) has been forwarded to the Town for approval;
b. a record is kept of each Alternative Massage provided and
every record shall:
i. include the name of the Person who provided the
Alternative Massage and the time and date of the
Alternative Massage;
ii. be kept for at least one year after the date of the
Alternative Massage;
iii. be immediately produced upon demand to any Person
assigned or appointed by the Manager to enforce this
By-law; and
c. a pre-screening form for each client of the Alternative Massage
Business is completed to record the name, contact information,
phone number and email address and medical conditions that
assess the medical risk to an individual who receives an
Alternative Massage;
Business Bylaw 2020-31
Page 15 of 17
d. no Personal Wellness Attendant is nude in any portion of the
Personal Wellness Establishment except for in any washrooms,
showers, or change rooms; and
e. no services are offered, Marketed, or provided that appeal to
erotic or sexual appetites.
(6) No Personal Wellness Establishment shall Market its products or
services through any means of promotion unless the Business name is
clearly displayed.
(7) Every Personal Wellness Establishment shall only operate between
the hours of 8:00 a.m. and 10:00 p.m. within the same calendar day.
(8) Every Owner or Operator of a Personal Wellness Establishment shall
ensure that no Persons other than staff enter the Personal Wellness
Establishment except through a principal entrance as identified in the
floor plan.
(9) No part of the Personal Wellness Establishment shall:
a. be used for human habitation; or
b. contain any furniture commonly used for sleeping purposes.
9.
Offences
(1) Every Person who contravenes any provision of this By-law are liable
to the fines and administrative fees set out under the Administrative
Monetary Penalty System By-law 2019-62.
(2) Every Person who is in contravention of the provisions of this By-law
may request a review of the matter in accordance with the
Administrative Monetary Penalty System By-law-2019- 62.
(3) Any Person who contravenes a provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
10.
Severability
(1) Where a court of competent jurisdiction declares any section of this
By-law to be invalid, or to be not in force, or without effect, it is the
intention of Council in enacting this By-law that the remainder of this
By-law shall continue in force and applied and enforced in accordance
with its terms to the fullest extent possible according to law.
11.
Repeal
(1) Outdoor Serving Areas By-law 2016-29 is hereby repealed.
Enacted this 29th day of June, 2020.
John Taylor, Mayor
Lisa Lyons, Town Clerk
Business Bylaw 2020-31
Page 16 of 17
Schedule A
Demerit Point System for Short Term Rentals
A Demerit Point System is hereby established to enforce this By-law, any
other Town by-law, or Provincial Act or Regulation including, but not limited
to, administrative penalties as set out in the Town's Administrative Monetary
Penalty System By-law 2019-62, as amended, the Building Code Act, the
Fire Protection and Prevention Act, and the Provincial Offences Act.
(1) The number of demerit points referenced in Column 3 of Table 1 of
this Schedule will be applied against a Short Term Rental business
premises and licence in respect of the matter noted in Column 1 under
the following conditions:
a. fifteen (15) days from the date of issue for an administrative
penalty issued under the Town's AMPS By-law;
b. upon the issuance of a Part 1 or Part III ticket under the
Provincial Offences Act; or
c. upon conviction in the Ontario Court of Justice;
d. the confirmation of an order; or
e. the confirmation of any contravention documented by Central
York Fire Services.
(2) A Short Term Rental shall be awarded fifteen (15) demerit points upon
the approval of their initial business licence.
(3) Contraventions to the business premises as identified within Table 1 of
this Schedule will result in a loss of demerit points. Demerit points
shall remain in place for a duration of one (1) year from the date on
which the demerit points were assessed.
(4) Upon the loss of fifteen (15) or more demerit points to any Short Term
Rental Licence, the Manager shall suspend, revoke, or impose
additional conditions on a Short Term Rental Licence. The Owner or
Operator may dispute any actions taken by the Manager by making a
request, in writing, to appear before the Hearing Officer for the Town.
Hearing with the Hearing Officer
(5) Notice shall be delivered by e-mail or regular mail to the address
provided for the Owner or Operator of the Short Term Rental or Bed
and Breakfast business, as identified on the application forms provided
for a business licence.
(6) Notice shall be provided a minimum of two (2) weeks in advance of the
Hearing with the Hearing Officer date.
Business Bylaw 2020-31
Page 17 of 17
(7) Notice provided in accordance with Section 5 of this Schedule shall be
deemed to be sufficient Notice with or without confirmation of receipt
of the Notice.
(8) The fee payable by the Owner or Operator for the Hearing with the
Hearing Officer shall be as prescribed and in accordance with the
Town's Fees and Charges By-law.
(9) If the Owner or Operator fails to attend on the scheduled date, the
Hearing with the Hearing Officer may proceed in absentia.
(10) After hearing the matter, the Hearing Officer may:
a. confirm the conditions imposed on, the suspension of, or the
revocation of the business licence;
b. amend the conditions imposed on, the suspension of, or the
revocation of the business licence; or
c. cancel the conditions imposed on, the suspension of, or the
revocation of the business licence.
(11) The decision of the Hearing Officer is final and binding.
Table 1
Column 1
Infraction
Column 2
Reference
Column 3
Demerit
Points
Fire Protection & Prevention Act/Fire
Code
FPPA
15
Operate while business licence is
suspended or revoked
Business Licence By-law 2020-31,
as amended
7
Building Code Act
BCA
7
More than the number of bedrooms
permitted
Business Licence By-law 2020-31,
as amended
5
More than the number of guests
permitted
Business Licence By-law 2020-31,
as amended
5
Failure to respond to complaint by
specified time
Business Licence By-law 2020-31,
as amended
5
Contravention to Noise By-law
Noise By-law 2017-76
5
Contravention to Property Standards By-
law
Property Standards By-law 2017-62,
as amended
3
Contravention to Clean Yards By-law
Clean Yards By-law 2017-63
3
Failure to post business licence number
on advertisements
Business Licence By-law 2020-31,
as amended
3
Failure to post business licence on
premises
Business Licence By-law 2020-31,
as amended
3
Failure to post Sign
Business Licence By-law 2020-31
2
Contravention to Waste Collection By-law
Waste Collection By-law 2017-19
2