By-law No. 2012-225 By-law for Licensing, Regulating and Governing Business in the City of North Bay
North Bay, Ontario
· No. 2012-225
· adopted 2012-11-26
· summary & facts
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THE CORPORATION OF THE CITY OF NORTH BAY
BY-LAW NO. 2012-225
BY-LAW FOR LICENSING, REGULATING AND GOVERNING
BUSINESS IN THE CITY OF NORTH BAY
INDEX
Definitions
General Provisions
Application for New Licence
Application for Renewal of Licence
Form of Licence
Administration Fee
Change of Name
Change of Ownership
Change of Premises or Location
Licences Personal
Nuisance Abatement
Inspection
Posting of Licence
Refusal to Grant a Licence
Suspension/Revocation
Notice and Appeal
Charitable Organizations
Insurance
Licence Fees and Inspections
Expiry of Licence
Penalty
Licence Records
Severability
Advertising
Repeal
Enactment
Fee Schedule
Auctioneer
Circus/Midway
Door to Door Sales/Service Person
Firearms Repair Facility
Hawker/Peddler
Outdoor Patios
Pawnbroker
Pet Shop
Places of Amusement
Precious Metals Purchasers
Refreshment Vehicles
Map for Food Vendor Lottery Draw
Restaurants
Seasonal Restaurants
Special Events
Map for Craft Show Exemptions
Tattoo Parlour
Tobacco Sales
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Schedule “A”
Schedule “B”
Schedule “C”
Schedule “D”
Schedule “E”
Schedule “F”
Schedule “G”
Schedule “H”
Schedule “I”
Schedule “J”
Schedule “K”
Schedule “L”
Schedule “Li”
Schedule “M”
Schedule “N”
Schedule “O”
Schedule “Oi”
Schedule “P”
Schedule “Q”
THE CORPORATION OF THE CITY OF NORTH BAY
BY-LAW 2012-225
BEING A BY-LAW FOR LICENSING, REGULATING
AND GOVERNING BUSINESS IN THE CITY OF NORTH BAY
WHEREAS the Municipal Act R.S.O. 2001, Section 10 (2) authorizes a
single tier municipality to pass by-laws respecting business licensing;
AND WHEREAS it is considered desirable to license, regulate and govern
certain business in the City of North Bay so as to ensure the health and
safety of the public;
AND WHEREAS it is considered desirable to license, regulate and govern
certain business in the City of North Bay so as to mitigate any nuisance
caused by the operation of any such business;
AND WHEREAS General Government Committee Report 2012-09 approved
the licensing, regulating and governing of businesses within the City of North
Bay was passed by Council on the 12" day of November, 2012.
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
CITY OF NORTH BAY HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
For the purpose of this by-law:
1.1 “Act” refers to the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, except where specific reference is made to another Act of
the Legislature of the Province of Ontario or the Parliament of Canada.
1.2 “Antique” shall mean any good, object, material, merchandise or
item of any kind which is of a higher value because of its age.
1.3. “Antique/Collectible Show” shall mean the offering for sale, on a
temporary basis at one location, goods, wares or merchandise that
have not been recently produced or manufactured.
1.4 “Applicant” shall mean a Person who is required to be licensed
pursuant to this By-Law or who has made application for a licence to
the Issuer of Licences and shall include a Licensee.
1.5 “Appropriate Authority having jurisdiction” shall mean:
(i) | with regard to health matters, the Medical Officer of Health, or
his or her designate for the North Bay Parry Sound District
Health Unit,
(ii) with regard to building matters, the Chief Building Official for the
City, or his or her designate,
(iii) with regard to fire safety matters, the Chief Fire Official for the
City, or his or designate,
(iv) with regard to police matters, the Chief of Police for the City or
his or her designate.
1.6 “Arts” shall mean those kinds of articles which are the creation of the
Applicant from raw materials such as oil paintings, water-colour
paintings, wood and other sculptures.
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
“Auction” shall mean a public sale to Persons in which bids on goods,
articles, merchandise , effects, etc., are received by an Auctioneer and
where each bid offers more than the last previous bid, the article being
put up for Auction sold to the highest bidder. This shall not include a
Silent auction or Chance Auction, as defined as follows:
(i) “Silent Auction” shall mean an Auction conducted by means of
written bids given on displayed goods, wares or merchandise
with the final declaration of sale being made to the last individual
having submitted a bid on the specified bid sheet for that item;
and
(iii) “Chance Auction” (also known as a “Chinese Auction”) shall
mean an Auction conducted by means of predetermining a set
price on an item, thence receiving verbal bids on such an item.
The final declaration of sale shall be made to the highest bidder
who shall then pay the price, based on the difference between
the predetermined price and the highest bid.
“Auctioneer” shall mean a Person who conducts a sale by Auction.
“Business” shall mean any business wholly or partly carried on
within a municipality even if the business is being carried on from a
location outside the municipality and includes:
(i) | trades and occupations,
(ii) | exhibitions, festivals and other organized public amusements
held for profit or otherwise,
(iii) the sale or hire of goods or services on an intermittent or
one-time basis and the activities of a hawker or peddler, and
(iv) the display of samples, patterns or specimens of goods for
the purpose of sale or hire.
“Business Day” shall mean a day other than a Saturday or Sunday
and any Statutory Holidays on which City Hall is closed for business.
“Business Licence Fee” shall mean a non-refundable monetary
charge imposed by the City to issue a licence as set out in Schedule
“A” hereto.
“By-Law” shall mean this By-Law and any amendments thereto
passed by Council.
“Cash security deposit” shall mean cash or certified cheque.
“Chief Building Official” shall mean the person or his or her
designate who may, from time to time, be appointed by Council to the
position of Chief Building Official in conformity with the provisions of
the Ontario Building Code Act, R.S.O. 1992, c. 23, and amendments
thereto.
“Chief of Police” shall mean the person or his or her designate who
may, from time to time, be appointed as Police Chief by North Bay
Police Services Board.
“Circus/Midway” shall mean:
(i) a Business operating amusement ride(s) or other device(s);
(ii) a Business operating authorized games of chance, or
(iii) a performance exhibiting equestrian, animal, and acrobatic
acts and their equipage intended to entertain or amuse or
provide entertainment to the public.
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
“City” shall mean The Corporation of the City of North Bay.
“City Clerk” shall mean the person or his or her designate who may,
from time to time, be appointed by Council to act as the City Clerk.
“City Engineer” shall mean the person or his or her designate who
may, from time to time, be appointed by Council to act as the City
Engineer.
“Corporation” shall mean The Corporation of the City of North Bay.
“Council” shall mean the Council of The Corporation of the City of
North Bay.
“Craft” shall mean those kinds of articles which are the creation of
the Applicant from raw materials wherein a limited amount of
equipment is used and the article is utilitarian in nature such as
woven material and carved objects.
“Craft Show” shall mean the temporary exhibition and offering for
sale of Arts and Crafts.
“Door-to-Door Sales/Service Person” shall mean a person who
goes from place to place selling or offering for sale a service of any
kind.
“Fire Chief” shall mean the person or his or her designate who may,
from time to time, be appointed by Council to act as Fire Chief for the
City and is ultimately responsible to Council as defined in the Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4.
“Fire Prevention Officer” shall mean the person or his or her
designate who is appointed as a Fire Prevention Officer under the
provisions of the Fire Protection and Prevention Act., 1997, S.O.
1997 c. 4.
“Food” shall mean food or drink for human consumption and
includes refreshments and confections, but excludes liquor.
“Hawker and Peddler” shall mean any Person:
(i) | who goes from door to door with goods, wares or merchandise
for sale or who carries and displays samples, patterns or
specimens of any goods, wares or merchandise for which
immediate sales are made and for which orders are taken with
delivery to follow;
(ii) | who sells from a permanent structure on a temporary basis,
goods, wares or merchandise for sale, or who carries and
displays samples, patterns or specimens of any goods, wares or
merchandise for which immediate sales are made and for which
orders are taken with delivery to follow; or
(iii) that is engaged in retail sales but does not have a commercial
store front and includes their employees but does not include:
(a) Service Clubs,
(b) Not for Profit Clubs,
(c) Charitable Organizations or
(d) Such other institutions, organizations or clubs as the
Council by Resolution may approve.
“Issuer of Licences” shall mean the City Clerk or his or her
designate.
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
1.41
1.42
“Letter of Credit” shall mean an irrevocable letter of credit that
shall be drawn on a chartered Canadian Bank and deemed to be
automatically extended without amendment for one (1) year from
the present or any future expiration date thereof, unless thirty (30)
days prior to any such date the bank shall notify the City in writing
by registered mail that the bank elects not to consider this letter of
credit renewed for any such additional period.
“Licence” shall mean a City of North Bay Business Licence issued
pursuant to this By-Law.
“Licensee” shall mean a Person who has been issued a Licence
pursuant to this By-Law either in the current calendar year or in a
previous calendar year and shall include an Applicant.
“Manager of Purchasing” shall mean the person or his or her
designate who may, from time to time, be appointed by Council to
act as the Manager of Purchasing.
“Masculine” shall include the feminine gender and the neuter.
“Medical Officer of Health” shall mean the Medical Officer of
Health, or his or her designate, for the North Bay Parry Sound
District Health Unit
“Month” shall mean a calendar month.
“Municipal Enforcement Officer” shall mean a person or his or her
designate who may, from time to time be appointed by the Council
whose duties include the enforcement of this By-Law.
“Non-Profit Charitable Organization” shall mean an organization,
whether incorporated or not, which:
(i) has objects and purposes that are exclusively or wholly
charitable;
(ii) is recognized by Revenue Canada as being “charitable”; and
(iii) is in compliance with the reporting requirements under the
Charities Accounting Act or is completing a Public Information
Return under the Income Tax Act.
“Non-Profit Non-Charitable Organization” shall mean = an
organization whether incorporated or not, which has objects and
purposes that are both charitable and non-charitable and that raises
money for the relief of poverty, the advancement of education, the
advancement of religion, culture and the arts, health and welfare or for
athletic clubs and associations.
“Non-Resident” shall mean a person who has not resided
continuously in the City for at least three (3) months immediately
preceding the time of commencing a business in the City.
“Operate” shall mean to directly or indirectly manage, work, control,
maintain, put or keep in a functional state any Business.
“Outdoor Patio” shall mean an encroachment on a sidewalk or
boulevard outside of or immediately adjacent to a building or other
structure providing services in the nature of a restaurant or tavern or
like business and within or on which may be included objects such as
tables, chairs, temporary entrance shelters, canopies, umbrellas,
parasols and decorative planters.
1.43
1.44
1.45
1.46
1.47
1.48
1.49
1.50
1.51
1.52
1.53
“Owner” shall mean the registered owner, tenant, beneficial owner,
lessee or occupant of the lands and premises or the Person or his
authorized agent in lawful control of the real property, premises, or
building within the geographical boundaries of the City and who
permits the operation or maintenance of any business.
“Pawnbroker’” shall mean a person who carries on the business of
taking by way of pawn or pledge any article for the repayment of
money lent thereon, as defined in the Pawnbrokers Act, R.S.O. 1990,
c. P.6, as amended.
“Pawnbrokers Act” shall mean the Pawnbrokers Act, R.S.O. 1990, c.
P.6 and the Regulations enacted thereunder as amended from time to
time or any Act and Regulation enacted in substitution therefor.
“Pawn Shop” shall mean a business or premise where the business of
a Pawnbroker is carried out.
“Person” shall include any individual, corporation, partnership,
company, association, agent or trustee or party and the heirs,
executors, administrators, or other legal representative of such
person, to whom the context can apply according to law and shall
include any group of persons comprising a society or other
organization.
“Pet Shop” shall mean every shop, place, business or premise in
which dogs, cats, fish, reptiles, birds or any other pet that is
generally understood to be domesticated is sold or kept for sale.
“Place of Amusement” shall mean a building, premises, room or
area which contains facilities, equipment or machines for the playing
of:
(i) | three or more games of chance, or
(ii) | three or more games of mixed chance and skill, or
(iii) a combination of three or more games of chance and games of
mixed chance and skill.
Games shall include, but shall not be limited to, video games, pinball
games, table top hockey games, table top soccer games, electronic
games, and billiard tables, pool tables or bagatelle tables or bowling
alleys and any other games that are not contrary to the Criminal
Code of Canada R.S.C., 1985, c. C-46.
“Place of Business” shall mean any place, Premises or Location, or
part thereof, in or from which a Business is carried on, and includes a
shop, office or a vehicle for the purpose of carrying on the Business.
“Premises” shall mean land, including any and all buildings or
other structures thereon and includes any vehicle or conveyance
used in the operation of a Business.
“Precious Metals” shall mean a valuable metal, which includes but
is not limited to gold, silver and platinum.
“Property Taxes” shall mean the amount of taxes levied on real
property under the Ontario Municipal Act, 2001 S.O. 2001, c.25, and
the Education Act and any amounts owed under the Drainage Act, the
Tile Drainage Act and the Shoreline Property Assistance Act with
respect to real property and includes any amounts deemed to be taxes
by or under any other Act and any amounts given priority lien status
by or under any Act.
1.54 “Provincial Offences Act” shall mean the Provincial Offences Act,
R.S.O. 1990, c. P.33 and the Regulations enacted thereunder as
amended from time to time or any Act and Regulation enacted in
substitution therefor.
1.55 “Purchase” shall mean to obtain Precious Metals by paying money
or its equivalent and shall include the terms purchase, exchange and
acquire by any means and “purchasing” and “purchased” has a like
meaning.
1.56 “Purchase Event” shall mean an event held for primary purpose of
purchasing Precious Metals from members of the public at large or
from a Person or Persons invited to the purchase event.
1.57 “Refreshment Vehicle” shall mean any Vehicle from which Food
and/or refreshments are sold or offered for sale for consumption by
the public and includes without limiting the generality of the
foregoing, carts, wagons, trailers and trucks.
1.58 “Resident” shall mean a Person who has resided continuously in
the City for a period of three (3) or more months immediately
preceding the time of commencing a Business in the City.
1.59 “Restaurant” shall mean any Premises in which Food is prepared
and provided for sale for immediate consumption within the building
or premises and includes but is not limited to, an accessory take-out
service, an ice cream establishment, dairy bar, tea room, sandwich
shop, lunch counter and fish and chip shop but does not include any
class of refreshment vehicle.
1.60 “Seasonal Restaurant’ shall mean:
(i) a building, structure or part thereof where Food is prepared on
or off the premises and is offered for sale to the public; and
(ii) that is not operated for more than eight (8) months in any
calendar year.
1.61 "Sidewalk" shall mean that portion of a street between the curb lines
or the lateral lines of a roadway and the adjacent property lines
intended for the use of pedestrians.
1.62 “Sign” shall mean any device, structure, fixture or placard using
graphics, symbols, and/or written copy for the primary purpose of
identifying, providing directions or advertising any establishment,
product, goods or services, with the exception of window displays,
interior signs, national flags and painting of exterior building walls.
For the purpose of removal of signs, this definition may also include all
sign structures as well as any inflatable advertising devices.
1.63 “Singular” includes the plural and the plural includes the singular.
1.64 “Special Event Organizer” shall mean the Person who organizes any type
of Craft Show, Trade Show or Antique/Collectible Show (collectively referred
to as the “Show”), whether for profit or not.
1.65 “Tattoo and/or Body Piercing Parlour” shall mean a Business or
Premise where the skin of an individual is marked by puncturing it
and inserting a pigment or pigments to make permanent marks or
designs and/or where parts of a body are punctured by a sharp-
pointed instrument for the purpose of making a hole or opening
through which an item may be attached to the body but shall not
include a Premises which is operated solely for the purpose of
piercing earlobes.
1.66
1.67
1.68
1.69
2.1
2.2
2.3
3.1
3.2
“Tobacco” shall mean a product composed in whole or in part of
tobacco, including tobacco leaves, and any extract of tobacco
leaves. It includes cigarette papers, tubes, filters and snuff but
does not include any food, drug or device that contains nicotine to
which the Food and Drugs Act , R.S.C., 1985, c. F-27 applies.
“Trade Show” shall mean a Business or a Person which co-
ordinates a show or similar exhibition of three (3) or more vendors
or businesses exhibiting, offering for sale, selling or otherwise
displaying for delivery at a later date, goods, wares, merchandise,
items, or services of a similar nature and where the vendors or
Businesses will be organized at a specific location for a period not to
exceed fourteen (14) consecutive days.
“Vehicle” shall include an automobile, motorcycle, motor vehicle,
trailer, mobile home, traction engine, farm tractor, road-building
machine, bicycle and any vehicle drawn, propelled or driven by any
kind of power, including muscular power and shall include a
motorized snow vehicle or all terrain vehicle.
"Zoning Administrator" shall mean a person who may be appointed
from time to time by Council to the position of Zoning Administrator
for the City.
GENERAL PROVISIONS - BUSINESS LICENSING
Every Person carrying on, conducting, operating, maintaining,
keeping or engaging in any Business specifically identified in
Schedule “A” hereto shall be required to obtain a Licence from the
Issuer of Licences.
The Owner of a premise shall not permit a person to operate a
Business on the premises without a Licence, where such Licence is
required by this By-Law.
For the purposes of this By-Law a Business shall not include:
2.3.1 a manufacturing activity or an industry, except to the extent
that it sells its products or raw materials by retail,
2.3.2 the selling of goods by wholesale, or
2.3.3 the generation, exploitation, extraction, harvesting, processing,
renewal or transportation of natural resources.
APPLICATION FOR NEW LICENCE
Every Person required to obtain a Licence pursuant to this By-Law:
3.1.1 shall apply in writing on the appropriate application form as
provided by the Issuer of Licences;
3.1.2 shall deposit, at the time of application, with the Issuer of
Licences, all required non-refundable Business Licence Fees
as set out in Schedule “A” to this By-Law for each Business
category; and
3.1.3. provide any required approvals, inspections or documentation
required by the provisions of this By-Law or as deemed
necessary by the Issuer of Licences.
The Applicant shall be responsible for obtaining all necessary
inspections, documents and approvals as set out on the application
form and as deemed necessary by the Issuer of Licences.
3.3
3.4
3.5
3.6
3.7
3.8
3.9
4.1
The Issuer of Licences shall not issue a Licence until:
3.3.1 all required approvals and inspections as required by
the application have been obtained by the Applicant,
3.3.2 Business Licence Fees have been paid in full,
3.3.3 all Property Taxes are paid to the satisfaction of the City when
required as a condition of obtaining a licence,
3.3.4 any outstanding fines imposed under the Provincial Offences
Act for the contravention of a provision of any City of North
Bay By-Law arising out of the operation of a Business, whether
such fines are owed by the Applicant personally or by any
Business of which the Applicant is an Owner, as defined by this
By-Law, and
3.3.5 — all of the required documentation has been provided to the
Issuer of Licences.
There shall be a separate Licence for each of the premises to be used
by the Applicant.
There shall be a separate application for each category of Business
operated and Licence to be issued.
The Applicant shall comply with all requirements as set out in this By-
Law as well as all applicable Federal, Provincial, Municipal Statutes,
Regulations, By-Laws and Codes and any other provisions that may
govern the Business, Place or Premises used in the carrying on of the
Business and/or the Persons carrying on the Business or engaged in it
and to which the application pertains.
The Issuer of Licences, upon receipt of the application for a Licence
may make, cause to be made, or request, any additional documents,
investigations, approvals or inspections to be made in respect of such
application for a Licence as the Issuer of Licences deems appropriate
or in the interest of the general public, and any costs incurred for
such inspection or documents shall be at the Applicant's expense.
Upon receipt of a completed application, together with all required
documentation for a Licence and the appropriate Business Licence
Fees have been paid, the Issuer of Licences may prior to the
issuance of any such Licence:
3.8.1 make any inquiries to any municipal official or employee,
who has carried out inspections relative to the business
under application,
3.8.2 receive reports from such municipal officials and employees
as may be deemed necessary, and
3.8.3 inquire into all relevant matters in order to ascertain if the
Applicant is entitled to a Licence under the provisions of this
By-Law.
Upon being satisfied that the Applicant is entitled to obtain a Licence
under the provisions of this By-Law, the Issuer of Licences shall
prepare and issue a Licence to the Applicant.
APPLICATION FOR RENEWAL LICENCE
Every Person required to renew a Licence previously granted under
this By-Law, shall submit to the Issuer of Licences, an application
form for renewal of the Licence as provided by the Issuer of Licences.
10
4.2
4.3
4.4
4.5
5.1
Every Applicant shall ensure that the information on the application
is up to date.
Where there has been a change of circumstance the Issuer of Licences
shall not issue a Licence until:
4.3.1 all required approvals and inspections have been obtained by
the Applicant,
4.3.2 the required documentation has been provided,
4.3.3 all Business Licence Fees have been paid in full,
4.3.4 all Property Taxes are paid to the satisfaction of the City when
required as a condition of obtaining a licence, and
4.3.5 any outstanding fines imposed under the Provincial Offences
Act for the contravention of a provision of any City of North
Bay By-Law arising out of the operation of a Business,
whether such fines are owed by the Applicant personally or by
any Business of which the Applicant is an Owner, as defined
by this By-Law.
Where the Issuer of Licences receives an application for renewal of a
Licence previously granted under this By-Law and the appropriate fees
have been paid, he or she shall, prior to the issuance of any such
Licence:
4.4.1 make inquiries into all relevant matters in order to ascertain
if the Applicant is entitled to obtain a renewed Licence under
the provisions of this By-Law,
4.4.2 inquire into any and all relevant changes in circumstances
since the previous Licence was issued to the Applicant ,
4.4.3 make any inquiries to any municipal official or employee, who
has carried out inspections or investigations relative to the
Business under application, and
4.4.4 receive reports from such municipal officials and
employees as may be deemed necessary.
When the Issuer of Licences is satisfied that the Applicant is entitled
to obtain a Licence under the provisions of this By-Law, the Issuer of
Licences shall prepare and issue a Licence to the said Applicant.
FORM OF LICENCE
Every Licence shall show therein:
5.1.1 the operating name of the Business or Person to whom the
Licence is issued,
5.1.2 the operating address of the Premises or location for which
the Licence is issued,
5.1.3. the category of Licence granted,
5.1.4 — the date of issue of the licence,
5.1.5 the date of expiration of the licence, and
5.1.6 — shall be signed by the Issuer of Licences.
11
6.1
7.1
8.1
9.1
10.
10.1
10.2
ADMINISTRATION FEES
An administration fee of Twenty-Five Dollars ($25.00) will apply to the
following:
Duplicate Licence:
6.1.1 Inthe event that the Licence issued under this By-Law is lost
or destroyed, the Issuer of Licences upon satisfactory proof of
such loss or destruction, and upon payment of the
administration fee, shall issue a duplicate of the original
Licence, upon which shall be stamped or marked the word
“DUPLICATE” or “COPY”. The expiry date of the “Duplicate”
or “Copy” shall be the same as the one being replaced.
Late Renewals:
6.1.2. Inthe event that a Licence is not renewed on or before the
existing expiry date, notwithstanding any charge(s) that may
be laid under this By-Law, the Applicant shall also be required
to pay a $25.00 Administration Fee in addition to the
applicable Business Licence Fee.
CHANGE OF NAME
Where the ownership of a Business is not changed or affected but the
operating name has changed, the Licensee shall within thirty (30)
Business Days of such change notify the Issuer of Licences and upon
being satisfied that there has been no other change in the
circumstances of the Licenced Business, the Issuer of Licences may
issue a replacement of the original Licence. The Licensee shall return .-
and surrender their Licence in order to affect such a change at no cost.
The expiry date of the Licence shall be the same as the one being
replaced.
CHANGE OF OWNERSHIP
Every Licensee shall, upon change of ownership of the Licenced
Business return and surrender their current Licence to the Issuer of
Licences. The new owner shall make application for a new Licence as
set out in this By-Law.
CHANGE OF PREMISES
Where a currently Licenced Business changes Premises, such new
Premises shall not be deemed to be Licenced. The Licensee shall notify
the Issuer of Licences within seven (7) Business Days of the change of
location and surrender to the Issuer of Licences the Licence issued
with respect to their previous Premises. The Issuer of Licences shall
upon payment of a fee in the amount of Twenty-Five Dollars ($25.00)
and being satisfied that the new location meets all the requirements as
set out in this By-Law issue a replacement to the original Licence. The
expiry date of the Licence shall be the same as the one being replaced.
LICENCE PERSONAL
No Person shall enjoy a vested or property right in any Licence or the
continuance of any Licence or such a Licence and such rights shall
remain the property of the City.
Licences are not transferable.
12
11.
11.1
11.2
12.
12.1
12.2
12.3
NUISANCE ABATEMENT
Every Person required to be Licensed under this By-Law, in addition to
any other provisions or requirements expressed elsewhere in the By-
Law, shall comply with the following requirements:
11.1.1 at all times maintain and keep safe and clean and in good
condition and repair any Place of Business for which the
Licence is issued including any Vehicle used for or by the
Licensed Business,
11.1.2 shall not breach or violate or cause, suffer, or permit any
breach or violation of any By-Law of the City or of any
statute, Order-In-Council, or Regulation of the Legislature
of the Province of Ontario or the Parliament of Canada or
of any Agency, Board or Commission thereof, in, upon, or
in connection with the Business or Premises for, or in
relation to which such Licence was issued,
11.1.3 shall not cause, suffer or commit any nuisance to arise in,
on, or in connection with the Place of Business, Vehicle or
Premises, for which the Licence was issued,
11.1.4 shall not cause, suffer or permit any shouting, noise or other
disturbance on, in or in connection with the Place of
Business, Vehicle or Premises for which the Licence was
issued, that is unnecessary, unreasonable or contrary to any
municipal By-Law prohibiting the same, and if any such
shouting, noise or other disturbance occurs, the Licensee
shall immediately take steps to cause the same to be abated,
11.1.5 shall not cause, suffer, or permit any obstruction on any
highway, lane or public place in front of or adjoining the
place or premises for which the Licence was issued, and
11.1.6 shall not cause, suffer or permit any profane, offensive or
abusive language or disorderly conduct in, on, or in
connection with any Vehicle or Premises for which the Licence
was issued.
Every Person who acquires a Licence that is issued under this By-Law
is responsible for the due performance and observance of all the
provisions of this By-Law by their employees, agents, invitees and all
other persons in or upon the Premises that is Licensed under the
provisions of this By-Law.
INSPECTION
A Municipal Enforcement Officer, Issuer of Licences, Police Officer or
other duly appointed individual may at all reasonable times, inspect or
cause to be inspected the Premises, facilities, equipment, Vehicles,
and other property used or kept for hire in connection with the
carrying on of a Business that is Licensed or that is required to be
Licensed pursuant to this By-Law.
No person shall hinder or obstruct, or attempt to hinder or obstruct, a
Municipal Enforcement Officer, Issuer of Licences, Police Officer or
other duly appointed individual who is exercising a power or
performing a duty under this By-Law, including carrying out an
inspection.
The owner of a premises shall, upon request by a Municipal
Enforcement Officer, Issuer of Licences, Police Officer or other duly
appointed individual, provide forthwith information relating to any
person conducting Business on the premises who is required to obtain
13
12.4
13.
13.1
13.2
14.
14.1
14.2
15.
a Licence pursuant to this By-Law, including the corporate name,
business name, address, phone number, and dates of operation at that
premises.
No person shall knowingly provide false information in any application
under this By-Law or in any document, correspondence or other form
of communication required to be furnished under this By-Law.
POSTING OF LICENCE
Every Person licensed pursuant to this By-Law shall post in a
prominent and conspicuous place the current Licence on the premises
or that part thereof to which the Licence pertains. The Licensee shall
ensure that the Licence is positioned in such location that it may be
readily seen and read by persons entering the Premises.
Where a Licence is issued to a Person who goes from place to place or
to a particular place with food, goods, wares, or merchandise for sale,
the Licensee shall keep the Licence with them at all times while
carrying out their Business and shall exhibit it to any Municipal
Enforcement Officer, Issuer of Licences, Police Officer or other
authority having jurisdiction who so requests.
REFUSAL TO GRANT A LICENCE
The Issuer of Licences may refuse to grant or issue a licence to any
Applicant who:
14.1.1 has failed to comply with the requirements of this By-Law or
other applicable By-Laws of the City or of any Statute,
Order-in-Council, or Regulation of the Provincial Legislature or
the Parliament of Canada, or of any Agency, Board of
Commission thereof, in, upon or in connection with the
applied for licensed activity of the Business or Premises,
facilities, equipment, Vehicles or other property used or kept
for hire in connection with the Licensed activity,
14.1.2 has any outstanding Property Taxes owing to the City, or
14.1.3. has any outstanding fines imposed under the Provincial
Offences Act for the contravention of any provision of this
By-Law.
The Issuer of Licences may also, at their discretion, refuse to grant or
issue a Licence to any Applicant where the Issuer of Licences believes
it is not in the public interest to do so.
SUSPENSION/REVOCATION
15.1 The Issuer of Licences may suspend or revoke a Licence issued to any
Licensee who:
15.1.1 has failed to comply with the requirements of this By-Law or
other applicable By-Laws of the City or of any Local Board
thereof, or of any Statute, Order-in-Council, or Regulation of
the Provincial Legislature or the Parliament of Canada, or of
any Agency or Board of Commission thereof, in, upon or in
connection with the applied for Licensed activity of the
Business or Premise, facilities, equipment, Vehicles and other
property used or kept for hire in connection with the Licensed
activity,
15.1.2 has outstanding Property Taxes owing to the City, or
14
15.2
15.3
15.4
16.
16.1
16.2
16.3
16.4
16.5
16.6
16.7
16.8
15.1.3 has any outstanding fines imposed under the Provincial
Offences Act for the contravention of any provision of this By-
Law.
The Issuer of Licences may also suspend or revoke any Licence issued
to any Applicant where the Issuer of Licences believes it is in the
public interest to do so.
Any suspension of a Licence may be subject to such terms and
conditions as the Issuer of Licences may prescribe.
No person shall operate any Business or Premise contrary to any
Licence suspension or terms and conditions thereto or where such
Licence has been revoked.
NOTICE AND APPEAL
Where the Issuer of Licences refuses to issue, suspends, or revokes a
Licence the said Issuer of Licences shall notify the Applicant in writing
of such decision and the said notice shall set out the grounds upon
which the issue of the said Licence is refused, suspended or revoked
and shall state that the Applicant or Licensee may appeal such decision
by filing an appeal with the Clerk of the municipality within fifteen (15)
days of receiving the notice.
Upon receipt of an appeal from the Applicant, the Clerk and Council
shall follow the procedure set out in this By-Law.
A Hearing Committee may hear any interested parties or afford them
an opportunity to be heard on any matter where Council is required by
law to hold a hearing in relation to any act, by-law or decision.
The Hearing Committee shall be comprised of the Mayor, the Chair and
the Vice-Chair of the Standing Committee to which the matter relates,
or their nominees from the Standing Committee. Any other Councillor
may sit to hear the interested parties, but shall not be a Member of
the Hearing Committee for the purpose of making a recommendation
to the Council.
The Hearing Committee shall be bound by the Statutory Powers
Procedure Act, R.S.O. 1990, c. 22, as amended.
Except as otherwise herein provided this By-Law applies mutatis
mutandis to the Hearing Committee.
Upon the conclusion of a hearing conducted by the Hearing
Committee, the Hearing Committee shall, as soon as practicable, make
a written report to Council summarizing the evidence and arguments
presented by the parties, the findings of fact made by the Hearing
Committee and the recommendations, if any, of the Hearing
Committee with reasons therefor on the merits on the application in
respect of which the hearing has been conducted.
After considering the report of the Hearing Committee, Council may
thereupon in respect of such application, do any act, pass any by-law
or make any decision that it might have done, passed or made, had it
conducted the hearing itself.
17.
17.1
18.
18.1
19.
19.1
19.2
20.
20.1
21.
21.1
22.
22.1
23.
24.
25.
25.1
CHARITABLE ORGANIZATIONS
Any non-profit charitable organization selling items for the purpose of
raising funds for such charitable organization shall be required to
obtain a Licence and no Business Licence Fee shall be payable for such
Licence under the provisions of this By-Law. All monies being raised
at the event must be wholly for the benefit of the charitable
organization.
INSURANCE
All insurances required herein shall be provided at the time of
application in a form acceptable to the Issuer of Licences and in the
amount as specified pursuant to the applicable Sections of this By-
Law.
LICENCE FEES AND INSPECTIONS
The Business Licence Fees to be paid for a Licence and the renewal for
a Licence shall be as set out in the attached Schedule “A”.
Incomplete applications shall be considered not to have been received
and may be returned to the Applicant or held pending further
information. In any case where the application remains incomplete
after the date established for obtaining or renewing such Licence, the
Applicant may be required to submit a new application in accordance
with provisions of Section 3 hereof.
EXPIRY OF LICENCE
For the purpose of every new Licence issued, the date of expiry shall be
the date as set out on the Licence.
PENALTY
A person who contravenes a provision of this By-Law is guilty of an
offence and on conviction is liable to a fine of not less than $500.00
and not more than $50,000.00.
LICENCE RECORDS
The Issuer of Licences shall maintain records of Applications and
related documentation, inspection reports, departmental and agency
approvals and Licences issued, in accordance with the City’s Retention
By-Law.
SEVERABILITY
Should any section of this By-Law be declared by a Court of competent
jurisdiction to be ultra vires or illegal for any reason, the remaining
parts shall nevertheless remain valid and binding, and shall be read as
if the offending section or part had been struck out.
ADVERTISING
Any Sign advertising any event or business shall be in accordance
with City of North Bay By-Law No. 2006-143, and any amendment
thereto, being a By-Law to Restrict and Regulate Signs and Other
Advertising Devices, Including Posting of Notices on Public Property
within the City of North Bay.
REPEAL
By-Law 2004-191 and any amendments thereto are hereby repealed.
26. ENACTMENT
26.1 This By-Law shall take effect on January 1, 2013.
READ A FIRST TIME IN OPEN COUNCIL THE 26™ DAY OF NOVEMBER, 2012
READ A SECOND TIME IN OPEN COUNCIL THE 26™ DAY OF NOVEMBER,
2012.
READ A THIRD TIME IN OPEN COUNCIL AND PASSED THE 26" DAY
NOVEMBER, 2012.
“original signature on file" "original signature on file"
MAYOR ALLAN McDONALD CITY CLERK CATHERINE CONRAD
17
THIS IS SCHEDULE "A" TO BY-LAW 2012-225 OF THE CORPORATION OF
THE CITY OF NORTH BAY
RELATING TO THE ANNUAL FEES FOR BUSINESS LICENCES
BUSINESS CLASS BUSINESS LICENCE FEE SCHEDULE
Auctioneer $100.00 per year B
Circus/Midway $100.00 per visit C
Door-to-Door
Sales/Service Person $200.00 per year D
Firearms Repair Facility $50.00 per year E
Hawkers and Peddlers F
Class A - Resident $100.00 per year
January 1% to December 31% of
each calendar year
Class B — Non-Resident $300.00 per year
July 1 to June 30" of the next
calendar year
Class C - All-Inclusive $3,000.00 per year
Annual January 1% to December 31*
of each calendar year
Outdoor Patios $10.00 per location per year G
Pawnbroker $100.00 per year H
Pet Shop $50.00 per year I
Places of Amusement $100.00 per year J
Precious Metal Purchasers $150.00 per event K
(non-resident)
$300.00 per year (resident)
Refreshment Vehicles L
Class A $200.00 per year
$50.00 each additional vehicle
Class B $200.00 per year
$50.00 each additional vehicle
Class C $200.00 per year
$50.00 each additional vehicle
Class D $50.00 per year
$25.00 per additional cart
Restaurants $50.00 per year M
Seasonal Restaurants $100.00 per year N
Special Events Licence Fees are only applicable O
to Non-Residents of the City.
Class A - Craft $10.00 per day
Class B - Trade $25.00 per day
Class C - Antique $25.00 per day
Tattoo and Body Piercing $100.00 per year P
Parlours
Tobacco Sales $50.00 per year Q
18
THIS IS SCHEDULE "B" TO BY-LAW 2012-225 OF THE CORPORATION
OF THE CITY OF NORTH BAY
AUCTIONEER
Applicable
to:
Every Person who sells or offers goods for sale by public
Auction.
Definitions:
Auctioneer - shall mean a person who conducts a sale by
Auction.
Auction - shall mean a public sale to Persons in which bids on
goods, articles, merchandise, effects, etc., are received by an
Auctioneer and where each bid offers more than the last
previous bid, the article being put up for Auction sold to the
highest bidder. Shall not include a Silent auction or Chance
Auction.
(i) Silent Auction - shall mean an Auction conducted by means
of written bids given on displayed goods, wares or
merchandise with the final declaration of sale being made to
the last individual having submitted a bid on the specified
bid sheet for that item.
(ii) Chance Auction - (also known as a “Chinese Auction”) shall
mean an Auction conducted by means of predetermining a
set price on an item, thence receiving verbal bids on such
an item. The final declaration of sale shall be made to the
highest bidder who shall then pay the price, based on the
difference between the predetermined price and the highest
bid.
Exemptions:
The requirement to obtain an “Auction Licence” does not apply
to:
1. a Sheriff or court Bailiff acting under a court procedure;
2. a Municipality conducting an auction under the tax sale
provisions of the Municipal Act, 2001;
3. a Person who engages the services of a licensed Auctioneer
to conduct an Auction on his or her behalf;
4. a Person registered under the Rea/ Estate and Business
Brokers Act who is selling real estate by public auction;
5. a Person licensed under the Livestock Community Sales Act
who is conducting a community livestock sale;
6. Silent Auction and Chance Auction.
Licence Fee:
$100.00 per year.
Every Auctioneer shall advise the Issuer of Licences a minimum
of seven (7) days in advance, of the time, date and location of
every auction scheduled by such Auctioneer.
Licence Circulated
to:
1. North Bay Police Service.
Special
Conditions:
1. Every Auctioneer shall keep a proper ledger of account of the
Auction transacted by them as an Auctioneer. The entries in
the ledger shall give the names and addresses of the owners of
the goods, wares, merchandise or effects to be sold, the
description of the same, the price for which the same was
sold, the names and addresses of the persons purchasing
such goods, wares, merchandise or effects or any portion
thereof, the price for which the item was sold and the
Auctioneer shall forthwith, after the sale of same, or any
portion thereof, account for the proceeds and pay to the
person entitled to such proceeds, less the Auctioneer’s legal
and proper commissions and charges and they shall, in case no
sale is made of such goods, on payment of their proper costs
and charges, return such goods to the person entitled to
receive such goods on demand being made for such goods.
19
2. No Auctioneer shall:
(i) permit any disorder in their auction room or offices,
(ii) | conduct or permit to be conducted any mock auction,
(iii) | Knowingly make or permit to be made any
misrepresentation as to the nature, content,
quantity or value of any goods, wares, merchandise
or effects which may be offered for sale by them,
(iv) give away articles or sell them for nominal amounts
for the purpose of stimulating bidding,
(v) do any act that is calculated to or which may
reasonably have the effect of confusing a purchaser
as to the amount they pay for any article(s),
(vi) by deceit, falsehood, or other fraudulent means
stimulate or raise bids or cause to stimulate or
raise bids affecting the selling price of any item
offered for sale to the public by public auction,
(vii) sell or put up for sale by auction any goods, wares,
merchandise or effects held on a reserve bid basis
without first announcing to those in attendance at the
auction the fact that such item is held on a reserve
bid.
3. The Applicant shall provide to the Issuer of Licences at the
time of application, proof of liability insurance in the
minimum amount of $2,000,000.00.
20
THIS IS SCHEDULE "C" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
CIRCUS / MIDWAY
Applicable To any Person operating a circus/midway.
to:
Definitions: “Circus/Midway’” shall mean:
(i) a Business operating amusement ride(s) or other
device(s);
(ii) | a Business operating authorized games of chance, or
(iii) | a performance exhibiting equestrian, animal, and
acrobatic acts and their equipage intended to
entertain or amuse or provide entertainment to the
public.
Exemptions: None
Licence Fee: $100.00 per visit
Application N/A
Circulated to and
Approvals
Required From:
Special 1. No Person having control or charge of such an operation shall
Conditions: commence to assemble or erect any tent, shelter, cage, pole,
stand, platform, seating accommodation, machinery, plant,
apparatus, or mechanical device or ride or any other structure
or erection until a licence has been obtained.
2. No Licence shall be issued for a circus involving amusement
devices or show involving carnival rides unless the
applicant submits:
(i) a valid and current licence to carry on business
in Ontario issued by the Technical Standards &
Safety Authority, or its successor;
(ii) a valid and current Ontario Amusement Device
Permit issued by the Technical Standards &
Safety Authority , or its successor, for each
ride.
3. Every Person making application shall provide proof of
liability insurance in the amount of Five Million Dollars
($5,000,000.00) and in a form acceptable to the City.
Such insurance shall provide a minimum thirty (30) days
written notification to the City of any change, expiration or
cancellation of such policy. Where the operation of such
Circus/Midway will take place on any City owned property,
liability insurance shall also include and name “The
Corporation of the City of North Bay” as an additional insured.
4. The electrical system, equipment, fuses and switches shall
be inaccessible to the public and cables on the ground in areas
used by the public shall be protected as required by the Ontario
Electrical Safety Authority.
5. All electrical systems shall be operated and maintained in a
safe manner.
6. Every Person to whom this schedule relates shall keep good
order in or at any building or premises in respect to which a
licence has been issued, and at his own expense shall
keep a sufficient staff of employees or servants for that
purpose.
7. Every Person to whom this schedule relates shall produce a
list of the names, address and date of birth of all
employees, agents or contractors, upon demand of a police
officer.
8. No Circus/Midway or other like traveling exhibition or side
show, or other entertainment connected therewith, shall be
exhibited in the City of North Bay for longer than a period
of ten (10) consecutive days.
21
THIS IS SCHEDULE "D" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
DOOR-TO-DOOR SALES/SERVICE PERSON
Applicable
to:
Every person that goes from place to place selling or offering
for sale a service of any kind.
Definitions:
A Person who goes from place to place selling or offering for
sale a service of any kind.
Exemptions:
None
Annual Licence
Fee:
$200.00 per year
Licence Circulated
to:
1. North Bay Police Service
Special
Conditions:
1. Every Door-to-Door Sales/Service Person shall produce to
the Issuer of Licences at the time of application, two pieces
of identification, one of which shall be photographic
identification. Such identification shall clearly state the
applicant’s name and current residential address.
2. Every Door-to-Door Sales/Services Person shall produce to
the Issuer of Licenses at the time of application, a letter
from their employer authorizing them to conduct business
on behalf of the employer. This letter shall include the
name of the business, current business address of the
business together with the name of a contact person for
complaint purposes.
3. No Person shall engage in, or carry on his business by
passing door-to-door within the City before 9:00 a.m. any
day or after 7:00 p.m. any day.
4. Every Door-to-Door Sales/Service Person shall provide a
current Criminal Record check for all owners, operators and
employees who are eighteen (18) years of age or over,
which shall be obtained by them at their own expense from
the North Bay Police Service or the local Police Service
where they reside.
5. Each Licence shall be issued for the period of time that the
Door-to-Door Sales/Service Person is selling his or her
service within the City. The Door-to-Door Sales/Service
Person will require a new Licence each time they attend
within the City to sell their service.
6. Every Door-to-Door Sales/Service Person will produce to
any homeowner a copy of the Licence that they have been
provided by the City at the request of the homeowner.
22
THIS IS SCHEDULE "E" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
FIREARMS REPAIR FACILITY
Applicable Every person who operates a firearm repair facility in which
to: firearms are discharged.
Definitions: A Repair Facility in which firearms are discharged.
Exemptions: None
Annual Licence $50.00 per year
Fee:
Licence Circulated | 1. North Bay Police Service
to:
Special 1. No person without a Licence shall operate a firearm repair
Conditions: facility in which firearms are discharged.
2. No Licensee shall discharge a firearm at the licensed
premises except for the purpose of testing the firearm.
3. Every Licensee shall ensure that any building in which
firearms are discharged for the purpose of testing are
fully enclosed and protected to ensure that no projectile
can escape such structure.
23
THIS IS SCHEDULE "F" TO BY-LAW 2012-225 OF THE CORPORATION OF
THE CITY OF NORTH BAY
HAWKER AND PEDDLER
Applicable to:
Hawker and Peddler shall mean any Person who:
1.
Goes from door to door with goods, wares or
merchandise for sale or who carries and displays
samples, patterns or specimens of any goods, wares or
merchandise for which immediate sales are made and for
which orders are taken with delivery to follow.
Sells from a permanent structure on a temporary basis,
goods, wares or merchandise for sale, or who carries and
displays samples, patterns or specimens of any goods,
wares or merchandise for which immediate sales are
made and for which orders are taken with delivery to
follow.
Is engaged in retail sales but does not have a commercial
store front and includes their employees but does not
include:
(i) Service Clubs
(ii) Not for Profit Clubs
(iii) | Charitable Organizations or
(iv) Such other institutions, organizations or clubs as
the Council by Resolution may approve.
Definitions:
Class A: Class A Licence shall mean a Licence issued to a
Resident.
Resident shall mean a Person who resides in the City
and does not have a Place of Business in the City in
which the Business is normally carried on and shall
include a person who conducts Business in a place,
premises or location on a one-time or temporary
basis.
Class B: Class B Licence shall mean a Licence issued to a
Non-Resident
Non-Resident shall mean a Person who has not
resided continuously in the City for at least three (3)
months immediately preceding the time of
commencing a Business in the City.
Class C: Class C Licence shall mean an annual Hawker and
Peddler Licence issued to the owner of the premises,
in lieu of requiring individual persons to obtain
Hawker and Peddler Licences to operate a Business
on that premises.
Exemptions:
The requirement to obtain a Hawker and Peddler Licence
does not apply to:
1.
2.
3.
4.
The sale of goods by wholesale.
Persons who sell goods that are grown or produced on
their own agricultural operation within the City, or family
members or employees who have written authority to sell
the goods on their behalf.
Persons who sell Christmas trees on a seasonal basis.
Persons who conduct Business on a premises for which
the Owner holds a valid Class C Licence.
Licence Fee:
Class A: $100.00 per year (Resident)
Licences shall run from January 1* to December
31° of each calendar year.
Class B: $300.00 per year (Non-Resident)
Licences shall run from July 1% to June 30" of the
next calendar year.
Class C: $3,000.00 per year (Annual)
Licence shall run from January 1% to December
31° of each calendar year.
24
Application 1. City of North Bay Zoning Department (if applicable)
Circulated to and | 2. North Bay Parry Sound District Health Unit (if applicable)
Approvals
Required:
Special 1. All Signs promoting any event shall be in accordance with
Conditions: City of North Bay By-Law No. 2006-143, and any
amendments thereto, being a By-Law to restrict and
Regulate Signs and Other Advertising Devices, Including
Posting of Notices on Public Property within the City of
North Bay.
25
THIS IS SCHEDULE "G" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
OUTDOOR PATIO
Applicable
to:
Every Person with an outdoor patio on any sidewalk within the
City.
Definitions:
Outdoor Patio shall mean an encroachment on a sidewalk or
boulevard outside of or immediately adjacent to a building or
other structure providing services in the nature of a restaurant
or tavern or like business and within or on which may be
included objects such as tables, chairs, temporary entrance
shelters, canopies, umbrellas, parasols and decorative planters.
Exemptions:
None
Licence Fee:
$10.00 per location per year
Application 1. City of North Bay Engineering Department.
Circulated to and
Approvals
Required From:
Special 1. Every owner requesting an Outdoor Patio Licence shall
Conditions: produce a policy of insurance and shall include and name “The
Corporation of the City of North Bay “ as an additional insured
and will be given at least thirty (30) days' notice in writing of
any cancellation, insuring the City for at least the amount of
Two Million Dollars ($2,000,000.00) for comprehensive
general liability against loss or damage resulting from
bodily injury or death of one or more persons, or from loss or
damage to property resulting from any accident. A copy of
this certificate of such policy shall be deposited with the
Issuer of Licences prior to the licence being issued.
2. Every Applicant for an Outdoor Patio Licence shall submit a
sketch for the approval of the City Engineer and the Issuer
of Licences, to show that:
(i) adequate space of a minimum of five (5) feet in
width for pedestrian passage is being
maintained, and
(ii) current standards of engineering requirements for
public services is being maintained, including fire
hydrants, drainage, etc.
3. The City Engineer shall prepare a Report to Council to
authorize the use of the sidewalk by the Licensee and
Council shall make the final determination as to whether
or not the City will allow the Outdoor Patio.
4. The Licensee shall not encumber the sidewalk any further
than as shown on the sketch approved by the City
Engineer and the Issuer of Licences.
5. The Licensee shall not damage the sidewalk area or
make any permanent attachments to the sidewalk area.
6. The Licensee shall maintain the sidewalk area in the manner
shown on the sketch approved by the City Engineer and the
Issuer of Licences.
7. The licensee shall clean and keep clean the area of the
Outdoor Patio and keep it free from papers and rubbish
of any kind.
8. No tables, chairs, temporary entrance shelters, canopies,
umbrellas, parasols or decorative planters shall be placed so
as to interfere with access by wheelchairs.
26
10.
11.
12.
13.
14.
The Licensee shall erect and maintain a fence or other
vertical barrier to delineate the perimeter of the
licensed sidewalk area. The top rail of a fence shall be
painted reflective yellow and the remainder of the fence
shall be painted in a contrasting colour for the benefit of
visually impaired people.
The sidewalk area shall not be used for tables, chairs,
temporary entrance shelters, canopies, umbrellas,
parasols or decorative planters positioned in such a
manner as to obstruct exit from the restaurant.
The Licensee shall clearly illuminate patio entrances and
patio to restaurant entrances.
The Licensee shall comply with all other applicable laws.
No advertising is permitted on the sidewalk by virtue of
the Outdoor Patio Licence.
No frame sandwich board signs are permitted on the
sidewalk near the Outdoor Patio.
27
THIS IS SCHEDULE "H” TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
PAWNBROKER
Applicable
to:
Every Person who carries on the Business of a Pawnbroker.
Definitions:
Pawnbrokers - means a Person who carries on the Business of
taking by way of pawn or pledge any article for the repayment
of money lent thereon, as defined in the Pawnbrokers Act,
R.S.O. 1990, c.P.6, as amended.
Pawn Shop — means a Business or Premise where the business
of a Pawnbroker is carried out.
Exemptions:
NONE
Licence Fee:
$100.00 per year
Application 1. City of North Bay Zoning Department.
Circulated to and _ | 2. North Bay Police Service
Approvals
Required From:
Special 1. Every Pawnbroker shall give to the City security to the
Conditions:
satisfaction of the City Clerk in the sum of $2,000.00 for
the due observance by the Pawnbroker under the
Pawnbrokers Act, R.S.O. 1990, c.P.6, as amended.
2. The operation of the Business shall conform to the
provisions of the Pawnbrokers Act, R.S.O. 1990, c.P.6, as
amended and all applicable North Bay Police Services Board
By-Laws that may be in force.
3. Every Pawnbroker shall provide a current Criminal Record
check for all owners, operators and employees who are
eighteen (18) years of age or over, which shall be obtained
by them at their own expense from the North Bay Police
Service or the local Police Service where they reside.
4. For the purposes of this By-Law the initial Criminal Record
Check must be dated within the last sixty (60) days of the
initial Application for a Pawnbroker’s Licence. All
subsequent renewals for a Pawnbroker’s Licence must
include a Criminal Record Check that is current within the
last two (2) years.
28
THIS IS SCHEDULE "I" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
PET SHOP
Applicable Every Person that operates a Pet Shop.
to:
Definitions: Pet Shop shall mean every shop, place, business or premise
in which dogs, cats, fish, reptiles, birds or any other pet that
is generally understood to be domesticated is sold or kept
for sale.
Exemptions: The requirement to obtain a “Pet Store Licence” does not apply
to:
(i) An animal shelter operated on or behalf of a public
authority;
(ii) | A veterinary hospital or clinic; or
(iii) © Any facility in which animals are placed for care pursuant
to the Animals for Research Act, R.S.O. 1990, c.A.22, as
amended.
Annual Licence $50.00 per year
Fee:
Application 1. City of North Bay Building Department
Circulated to and 2. City of North Bay Fire Department
Approvals 3. City of North Bay Zoning Department
Required From: 4. North Bay & District Humane Society
Special 1. If the North Bay and District Humane Society finds an
Conditions: animal that is in distress, the Licencing Officer may
suspend or revoke the licence.
2. A Licence may be revoked or suspended where an animal is
sold or offered for sale where it is prohibited by Federal or
Provincial Law or Municipal By-Law of the City of North Bay.
29
THIS IS SCHEDULE "J" TQ BY-LAW 2012-225 OF THE CORPORATION
OF THE CITY OF NORTH BAY
PLACE OF AMUSEMENT - (Pool Tables, Bowling Alleys, Arcades)
Applicable
to:
Any Premises defined as a Place of Amusement.
Definitions:
“Place of Amusement” shall mean a Business or Premises in
which are offered facilities for the playing of:
(i) three or more games of chance, or
(ii) three or more games of mixed chance and skill, or
(iii) a combination of three or more games of chance and
games of mixed chance and skill.
Games shall mean games that are not contrary to the
Criminal Code of Canada, and shall include, but are not
limited to video games, pinball games, table top hockey
games, table top soccer games, electronic games, and billiard
tables, pool tables or bagatelle tables or bowling alleys.
Exemptions:
1. Those with less than a total of three (3) games, machines
and/or tables.
2. Bingo halls where electronic equipment is used for the
purposes of conducting Bingo games.
Annual Licence
Fee:
$100.00 per year
Application
Circulated to and
Approval Required
From:
. City of North Bay Fire Prevention
. City of North Bay Zoning Department
North Bay Parry Sound District Health Unit
Special
Conditions:
1
2
3. City of North Bay Building Department
4
The Licensee shall ensure that:
1. Orderly conduct is maintained in the Place of Amusement.
2. The operation of the Place of Amusement shall be
conducted in a manner that is not in any way adverse to
the public interest.
3. Every part of the Place of Amusement is sufficiently lighted so
as to permit the safe use of the facility by the public.
4. Waste receptacles are accessible to the users.
30
THIS IS SCHEDULE “K” TO BY-LAW NO. 2012-225 OF THE CORPORATION OF
THE CITY OF NORTH BAY
PRECIOUS METAL PURCHASERS
Applicable to:
Any Person who purchases precious metals, including but
not limited to gold, silver or platinum.
Definitions:
“Precious Metals” shall mean a valuable metal, which
includes but is not limited to gold, silver and platinum.
“Purchase” includes purchase, exchange and acquire by
any means and “purchasing” and “purchased” has a like
meaning.
“Purchase Event” shall mean an event held for primary
purpose of purchasing Precious Metals from members of
the public at large or from a Person or Persons invited
to the purchase event. A Purchase Event shall not be
longer than three (3) consecutive days.
Exemptions:
A person purchasing gold from a person engaged in the
business of selling gold such as a jeweler or a gold
distributor.
Licence Fee:
$150.00 per event (Non-Resident)
$300.00 per year (Resident)
Application Circulated
to and Approvals
Required from:
1. City of North Bay Zoning Administrator (if applicable)
2. City of North Bay Fire Department (if applicable)
Special Conditions:
1. No Person shall purchase, offer to purchase or
advertise to purchase Precious Metals by any means,
unless such person is the holder of a Licence issued
under this By-Law for such purpose.
2. Any Person holding a Purchase Event shall produce to
the Issuer of Licences at the time of application, two
pieces of identification, one of which shall be
photographic identification. Such identification shall
clearly state the applicant’s name and current
residential address
3. No Person shall obtain any Precious Metals from any
Person who is known to be or appears to be:
(a) under the age of eighteen years; or
(b) under the influence of alcohol or drugs.
4. No Person shall hold, sponsor, advertise or promote
a Precious Metals Purchase Event unless such Person
holds a Licence issued under this By-Law for such
purpose and in accordance with the terms of the
Licence and this By-Law.
5. The Applicant for a Licence pursuant to this By-Law
shall, both before and after a Licence is issued,
produce such books, records or other documents or
information as the Issuer of Licences may consider
necessary to corroborate any of the statements
contained in the application.
6. The Issuer of Licences may refuse to issue a Licence
or having issued a Licence under this part, may
revoke same if:
(a) any of the information set out in the application
or statutory declaration of the Applicant or
owner is false;
31
10.
(b) the Purchase Event is advertised or conducted in
any manner other than that described in the
application or in any manner calculated to
mislead or deceive the public;
(c) the Purchase Event is held in a location or
conducted in any way in a manner contrary to
the provisions of this By-Law or contrary to any
condition imposed in the licence;
(d) the Applicant refuses to produce any records,
books, documents, or other information
requested by the Issuer of Licences in
accordance with this By-Law; or
(e) the Applicant refuses to permit the Issuer of
Licences to inspect any premises or inspect or
test any measuring or weighing or other devices
used in the purchase of the precious metals.
Where an Applicant for a Licence wishes to hold a
Purchase Event at more than one site, a separate
Licence shall be required for each site. A Business
Licence Fee shall be payable for each such additional
Licence.
The Licence for the Purchase Event shall be displayed
in a clearly visible location on the Premises where
the Purchase Event is held.
Applicants for a Licence shall ensure all advertising
material distributed, displayed or published to
promote a Purchase Event, including any radio or
television broadcast, or internet promotion, contains
a statement that the Purchase Event is held under
the authority of this By-Law and shall state the
number and expiry date of the licence issued for such
Purchase Event under this By-Law, and that the
Seller of the Precious Metals is over the age of 18
years with no exceptions.
For the purposes of this By-Law a Criminal Record
Check must be dated within the last sixty (60) days of
the Application for a Precious Metal Purchaser Licence.
32
THIS IS SCHEDULE "L" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
REFRESHMENT VEHICLES
Definitions: Refreshment Vehicle means any Vehicle from which Food
and/or refreshments are sold or offered for sale for
consumption by the public and includes without limiting the
generality of the foregoing, carts, wagons, trailers and
trucks. Refreshment Vehicles are divided into the following
classes:
Class A: a motorized vehicle, other than a motor assisted
bicycle or motorcycle, from which food that is
prepared and cooked on-site is offered for sale,
e.g., a chip truck.
Class B: a_motorized vehicle, other than a motor assisted
bicycle or motorcycle, from which food that is
prepared and cooked off-site is offered for sale,
e.g., a catering truck;
Class C: a non motorized vehicle propelled by muscular
power, motor assisted bicycle, trailer, or
motorcycle, or which can be moved from location
to location by a motorized vehicle from which food
that is prepared and cooked on-site is offered
for sale, e.g., hot dog cart;
Class D: a non motorized vehicle, propelled by muscular
power, motor assisted bicycle, or motorcycle, or
which can be moved from location to location by a
motorized vehicle from which prepackaged and
prepared foods are sold on site, or frozen
confectionary and beverages are offered for sale,
e.g., ice cream cart.
Exemptions: Seasonal Restaurants - See Schedule “N”
Licence Fee: Class A: $200.00 Per Year
$ 50.00 Each Additional Vehicle
Class B: $200.00 Per Year
$ 50.00 Each Additional Vehicle
Class C: $200.00 Per Year
~ ¢ 50.00 Each Additional Vehicle
Class D: $50.00 Per Year
$ 25.00 Each Additional Vehicle
Application 1. City of North Bay Building Department
Circulated to and _ | 2. City of North Bay Zoning Department
Approval Required | 3. City of North Bay Fire Prevention
From: 4. North Bay Parry Sound District Health Unit
5. Proof of Insurance ($2,000,000.00)
6. Licensed Gas Fitter Inspection
All Classes of Refreshment Vehicles must obtain and provide
proof of the necessary inspections annually prior to
renewing Refreshment Vehicle Licence.
Special 1. Every Licensee shall:
Conditions: a) ensure that every Refreshment Vehicle is equipped
with a metal refuse container with a self closing lid,
and such container shall be kept in a clean and
sanitary condition,
b) ensure that the metal refuse container be emptied at
least once daily,
33
c) ensure such containers shall be used for the disposal
of all refuse,
d) ensure that every refuse container is located in such
a position so as to be easily accessible by persons
making purchases while the Refreshment Vehicle is
stopped,
e) ensure that the Refreshment Vehicle and all parts and
equipment for use in the dispensing of refreshments is
maintained in a clean and sanitary condition and at all
times in good repair,
f) ensure that hard ice cream and related products are
maintained in a hard condition in the Refreshment
Vehicle at all times, as approved by the North Bay
Parry Sound District Health Unit,
g) ensure that soft ice cream and related products are
stored in a refrigerated cabinet suitable for the
storage of soft ice cream, as approved by the North
Bay Parry Sound District Health Unit,
h) ensure that all dispensing equipment is of a sanitary
design and cleaned on a daily basis,
i) ensure that adequate refrigeration, as approved by
the North Bay Parry Sound District Health Unit, is
provided for perishable Food that shall be kept so
refrigerated,
j) ensure that the date of expiration is clearly and legibly
marked on or affixed to the wrapper of all sandwiches
or pre-packaged food sold from the Refreshment
Vehicle,
k) ensure that beverages, which shall include but shall
not be limited to, milk, juices, and soft drinks, are only
sold in individual disposable containers,
1) ensure that Refreshment Vehicles from which hot,
prepared foods are sold are so equipped as to
maintain such foods so heated at a temperature as
approved by the North Bay Parry Sound District
Health Unit,
m) ensure that no LPG (liquefied petroleum gas) LNG
(liquefied natural gas) or any combustible fuelled
appliance is operated within ten (10) feet of any
structure, door, window, or opening that shall include
an alcove or alleyway,
n) ensure that the Refreshment Vehicle is free from
holes, crevices or cracks and all surfaces are readily
washable and are kept clean and in good condition,
0) ensure that only single service disposable cups, lates,
forks, spoons, knives and containers are used and
serviettes shall be provided from a dispenser, and
p) ensure that all condiments are in sealed single serve
packages or a sealed container.
. Every person selling or handling refreshments and Food
shall be clean and neat in appearance and shall maintain
clean hands at all times. If no sink is available for hand
washing then every person selling or handling
refreshments and Food shall be supplied with gloves or
hand sanitizer.
. No Licensee or person employed with any Licensee
under this section shall be suffering from any form of
contagious disease while actively engaged in his or her
work.
. Gloves must be worn by any Licensee or Employee
handling Food or refreshments who has an open cut or
wound on their hands.
. Every Licensee shall take out a separate Licence for each
Refreshment Vehicle owned or operated by them and the
Licence shall be affixed so as to be clearly visible.
34
10.
11.
12.
Every Licensee shall at his or her own expense,
whenever required to do so by the Issuer of Licences,
bring such Refreshment Vehicle to any person
designated by the Issuer of Licences for inspection.
All Refreshment Vehicle owners shall carry a minimum
of Two Million Dollars ($2,000,000.00) liability
insurance and shall furnish proof of this coverage
satisfactory to the City prior to being licensed. Such
insurance shall contain an endorsement specifying that
the municipality shall be given a minimum thirty (30)
days written notice of any change, expiration, or
cancellation of such policy. Where the Refreshment
Vehicle has been granted permission to operate on City
property, the policy shall also contain an endorsement
identifying "The Corporation of the City of North Bay”
as an additional insured.
Every Licensee shall ensure that each operator or
employee is made familiar with the contents of this
Section and shall not permit any operator under their
control, management, supervision or direction to
breach any of the provisions of this Section and any
Regulations from the North Bay Parry Sound District
Health Unit or any other Authority having Jurisdiction.
No Licensee or employee of a Refreshment Vehicle
shall dispense Food to any person while such person
is standing on a roadway.
No Licensee or Employee of a Refreshment Vehicle shall
operate within thirty (30) metres of an existing
restaurant with the exception of the Refreshment
Vehicles operating within the provisions of Section 11.
No Licensee or Employee of a Refreshment Vehicle shall
when operating on public property operate from any
other location in the central business district as defined
on Schedule “L-1” attached to this by-law other than in
the areas designated as follows:
11.1 100 Block, Main Street West, in the marked
location in the vicinity of the C.1.B.C. identified
as "L1” as shown on the attached Schedule “L-1”
11.2 100 Block, Main Street West, in the marked
location in the vicinity of the Royal Bank
identified as “L2” as shown on the attached
Schedule “L-1”
11.3 200 Block, Main Street East, in the marked
location in the vicinity of Century 21 identified as
“L3” as shown on the attached Schedule “L-1”
11.4 100 Block, Worthington Street West, in
the marked location adjacent to Lot #7,
identified as “L4” as shown on the
attached Schedule “L-1”
No Licensee or Employee of a Refreshment Vehicle
shall operate from any of the locations referred to in
section 11 above unless that operator is the
successful bidder for one of the locations as a result
of a lottery type scheme, such scheme to be
advertised in the local newspaper in the month of
April of each year and the draw shall be on the first
Monday in the month of May of each calendar year.
The lottery shall be conducted by the Manager of
Purchasing and shall be open to all licensed owners
or operators of food carts.
35
13.
14.
15.
16.
In the event that only one licensed owner or operator
has filed for the draw by the closing date, the
requirements in section 11 above may be waived by
the City Clerk and the Refreshment Vehicle owner or
operator may select one location per refreshment
vehicle.
In the event the successful bidder of one of the
designated locations referred to in section 11 above
chooses not to continue to use the designated location
prior to the end of the season, the location may be
assigned to the second bidder for the remainder of the
year. In the event that no bidder wishes to use the
remaining or unassigned spots the Licensee of a
Refreshment Vehicle may use any of the designated
locations on a first come first serve basis.
If the successful bidder of one or more of the designated
locations referred to in section 11 above does not use
the said designated location for a period of 14
consecutive days the spot will be deemed abandoned
and may be assigned to the bidder drawn second in the
draw.
In cases where there was no draw the location may be
used on a first come first serve basis.
36
THIS IS SCHEDULE “L-1” TO BY-LAW
2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
THIRD THIRD
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THIS IS SCHEDULE "M" TO BY-LAW 2012-225 OF THE CORPORATION OF
THE CITY OF NORTH BAY
RESTAURANTS
Applicable
to:
Restaurants.
Definitions:
“Restaurant” shall mean any Premises in which Food is
prepared and provided for sale for immediate consumption
within the building or premises and includes an accessory
take-out service, an ice cream establishment, dairy bar, tea
room, sandwich shop, lunch counter, fish and chip shop but
does not include any class of Refreshment Vehicles.
Exemptions:
Seasonal Restaurants
Licence Fee:
$50.00 per year.
Application
Circulated to and
Initial applications must be submitted to the following:
Approvals 1. North Bay Parry Sound District Health Unit
Required From: 2. City of North Bay Zoning Administrator
3. City of North Bay Building Department
4. City of North Bay Fire Prevention
Renewals: Licence must be renewed on a yearly basis.
Special 1. If the North Bay Parry Sound District Health Unit finds that
Conditions:
the operation and maintenance of a Licenced Restaurant
does not conform with the requirements of the Hea/th
Protection and Promotion Act, R.S.O. 1990, c.H.7, and the
Food Premises Regulation, the Building, Fire and Licencing
Departments may immediately suspend the licence until the
situation has been rectified to the satisfaction of the
Authority having Jurisdiction.
37
THIS IS SCHEDULE “N" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
SEASONAL RESTAURANTS
Applicable Seasonal Restaurants.
to:
“Seasonal Restaurant” shall mean:
Definitions:
(i) a building, structure or part thereof where Food is
prepared on or off the premises and is offered for sale to
the public; and
(ii) that is not operated for more than eight (8) months of
any calendar year.
Exemptions:
None
Licence Fee:
$100.00
Application
Circulated to and
Approvals
Required From:
City of North Bay Building Department
City of North Bay Zoning Department
City of North Bay Fire Prevention
North Bay Parry Sound District Health Unit
Proof of Insurance ($2,000,000.00)
Licensed Gas Fitter Inspection
City of North Bay By-Law Enforcement Officer
NOOR WN ee
A Seasonal Restaurant must obtain and provide proof of the
necessary inspections annually prior to their licence being
issued.
Renewals: Licence must be renewed on a yearly basis.
Special 1. If the North Bay Parry Sound District Health Unit finds that
Conditions: the operation and maintenance of a Seasonal Restaurant
does not conform with the requirements of the Health
Protection and Promotion Act, R.S.O. 1990, c.H.7, and the
Food Premises Regulation, the Building, Fire and Licencing
Departments may immediately suspend the licence until the
situation has been rectified to the satisfaction of the
Authority having Jurisdiction.
2. The Seasonal Restaurant Licence that is issued is only valid
at the municipal address specified on the Seasonal
Restaurant Licence.
3. A Seasonal Restaurant Licence is non-refundable.
4. If the Owner/Operator decides at a later date that they wish
to move their Seasonal Restaurant from location to location
the cost of a Seasonal Restaurant Licence will not be applied
towards a Refreshment Vehicle Licence. The full fee
payable for a Refreshment Vehicle will be payable.
38
THIS IS SCHEDULE "O" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
SPECIAL EVENTS
Applicable Craft Shows, Trade Shows and Antique/Collectible Shows
to:
Definitions: Class A: Craft Shows - means the exhibiting or offering for
sale by crafts people, on a temporary basis, goods,
wares or merchandise that they themselves have
produced.
Class B: Trade Shows —-means a Business or a Person which co-
ordinates a show or similar exhibition of three or more
vendors or businesses exhibiting, offering for sale,
selling or otherwise displaying for delivery at a later
date, goods, wares, merchandise, items and where the
vendors or businesses will be organized at a specific
location for a period not to exceed fourteen (14)
consecutive days.
Class C: Antique/Collectible Shows - means the offering for
sale, on a temporary basis, goods, wares or
merchandise that have not been recently produced or
manufactured.
Special Event Organizer - means the Person who organizes
any type of Craft Show, Trade Show or Antique/Collectible
Show (collectively referred to as the “Show”), whether for
profit or not.
Exemptions:
Class A: Any Person who resides permanently within the area
outlined in Schedule “O1” attached to this By-Law is
exempt from purchasing a licence for a Craft Show.
Proof of permanent residency to the satisfaction of
the City Clerk will be required.
Licence Fee: Licence Fees are only applicable to Non-Residents of the City.
Class A: $10.00 per day
Class B: $25.00 per day
Class C: $25.00 per day
Application N/A
Circulated to and
Approvals
Required From:
Special 1. It is the sole responsibility of the Special Events Organizer
Conditions: to:
(i) make an application to the Licensing Officer at least
two (2) weeks before the Show.
(ii) ensure that all required Licences, approvals,
notifications, permits and certificates are in place for all
vendors at the Show, and
(iii) provide to the Licensing Officer a list which includes the
names, addresses, telephone numbers of all vendors
and the products being sold at the Show and shall
collect the fees associated with the licence and provide
the same to the Licensing Officer at least two (2) days
in advance of the Show.
2. All Signs promoting any Special Event shall be in
accordance with City of North Bay By-Law No. 2006-143,
and any amendments thereto, being a By-Law to Restrict
and Regulate Signs and Other Advertising Devices,
Including Posting of Notices on Public Property within the
City of North Bay.
39
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Schedule "O-1i”
THIS IS SCHEDULE "P" TO BY-LAW 2012-225 OF THE CORPORATION OF THE
CITY OF NORTH BAY
TATTOO AND BODY PIERCING PARLOURS
Applicable
to:
Any Business or Premise operating a Tattoo and Body Piercing
Parlour.
Definitions:
Tattoo and Body Piercing Parlour shall mean Business or
Premise where the skin of an individual is marked by puncturing
it and inserting a pigment or pigments to make permanent
marks and/or designs and where parts of a body are punctured
by a sharp-pointed instrument for the purpose of making a hole
or opening through which an item may be attached to the body
but shall not include a Business or Premise which is operated
solely for the purpose of piercing earlobes.
Exemptions:
None
Annual Licence
Fee:
$100.00 per year
Application 1. North Bay Parry Sound District Health Unit
Circulated to and | 2. City of North Bay Zoning Department
Approvals 3. City of North Bay Fire Department
Required From: 4. City of North Bay Building Department
Special Every Licensee shall ensure that:
Conditions:
1. All services provided in the Tattoo and Body Piercing
Parlour comply with all regulations, guidelines or protocols
published or recommended by Health Canada or the
Ontario Ministry of Health and Long Term Care.
2. If a person is carrying on a Tattoo and Body Piercing
Parlour in their residence the services may not take place in
any room that is used as living, eating, food preparing,
bathing or sleeping quarters.
3. The use of the premises for the purpose of a Tattoo and
Body Piercing Parlour is permitted or conforms to the use
permitted under the applicable Zoning By-Law.
4. No Person shall dispose of any needle or other similar
instrument, item or tool in an unsafe manner. Biomedical
waste is required to be disposed of in accordance with
Provincial guidelines and regulations.
5. The Applicant shall provide to the Issuer of Licences at the
time of application, proof of liability insurance in the
minimum amount of $2,000,000.00.
6. The Applicant shall provide a current criminal record check
for all owners, operators and employees who are eighteen
(18) years of age or over, which shall be obtained by them
at their own expense from the North Bay Police Service or
the local Police Service where they reside.
7. The initial Criminal Record Check must be dated within the
last sixty (60) days of the initial Application for a Tattoo
and Body Piercing Parlour. All subsequent renewals for a
Tattoo and Body Piercing Parlour must include a Criminal
Record Check that is current within the last two (2) years.
8. The Applicant shall provide to the Issuer of Licences a
Certificate of Inspection prepared by the North Bay Parry
Sound District Health Unit.
40
THIS IS SCHEDULE "Q" TO BY-LAW 2012-225 OF THE CORPORATION OF
THE CITY OF NORTH BAY
TOBACCO SALES
Applicable Every Person who is engaged in a Business that includes the
to: sale of tobacco and/or tobacco products.
Definitions: Tobacco shall mean a product composed in whole or in part of
tobacco, including tobacco leaves, and any extract of tobacco
leaves. It includes cigarette papers, tubes, filters and snuff
but does not include any food, drug or device that contains
nicotine to which the Food and Drugs Act applies.
Exemptions: NONE
Licence Fee:
$50.00 per year
Application
Circulated to and
1. North Bay Parry Sound District Health Unit
Approvals
Required From:
Special 1. The operation of every Business which sells tobacco and/or
Conditions: tobacco products shall conform with the provisions of the
Tobacco Act, S.C. 1997, c.13 and the Tobacco Tax Act,
R.S.O. 1990, c. T.10, and any amendments thereto,
regarding the sale and supply of tobacco and/or tobacco
products.
4]