Retail Business Holidays (Holiday Shopping) By-law No. 2019-132
Owen Sound, Ontario
· adopted 2019-08-12
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The Corporation of the City of Owen Sound
By-law No. 2019-132
A By-law respecting retail business holiday closures
in the City of Owen Sound
WHEREAS section 148 of the Municipal Act, 2001, S.O. 2001 c.25 authorizes the
Council of The Corporation of the City of Owen Sound (the "City") to pass a by-law
requiring that retail business establishments be closed to the public on a holiday;
and
WHEREAS pursuant to section 1.2 of the Retail Business Holidays Act, R.S.O. 1990,
c. R.30 (the "RBHA"), the RBHA does not apply to a municipality where the
municipality has passed a by-law providing that the RBHA does not apply to it; and
WHEREAS on July 15, 2019, City Council passed Resolution No. R-190715-018
directing staff to bring forward a by-law to exempt local business from the RBHA on
Victoria Day, Canada Day, Labour Day and Family Day, in consideration of staff
report CS-19-081 presented to the Economic Development & Tourism Advisory
Committee at its meeting held June 21, 2019;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Short Title
1.
This by-law shall be known as the "Holiday Shopping By-law".
Interpretation
2.
In this by-law:
"City" means the City of Owen Sound;
"holiday" means:
a.
New Year's Day;
b.
Family Day;
c.
Good Friday;
d.
Easter Sunday;
e.
Victoria Day;
f.
Canada Day;
g.
Labour Day;
h.
Thanksgiving Day;
i.
Christmas Day; and
j.
Any other public holiday declared by proclamation of the Lieutenant
Governor of the Province of Ontario to be a holiday for the purposes of
the RBHA;
"officer" means a police officer of Owen Sound or a by-law enforcement
officer appointed by the City of Owen Sound;
"RBHA" means the Retail Business Holidays Act, R.S.O. 1990, c. R.30 as
amended;
"retail business" means the selling or offering for sale of goods or services by
retail; and
"retail business establishment" means the premises where a retail business is
carried on.
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By-law No. 2019-132
The RBHA Does Not Apply to the City of Owen Sound
3.
The Retail Business Holidays Act does not apply to a retail business
establishment in the City as of the effective date of this by-law.
4.
Retail business establishments in the City may remain open on a holiday
unless prohibited to do so under this by-law.
Prohibition
5.
No person carrying on a retail business in a retail business establishment
shall:
a.
Sell or offer for sale any goods or services therein by retail; or
b.
Admit members of the public thereto on: New Year's Day, Good Friday,
Easter Sunday, Thanksgiving Day or Christmas Day.
6.
No person employed by or acting on behalf of a person carrying on a retail
business in a retail business establishment shall engage in any prohibited
activity listed in section 5.
Exemption
Small Stores
7.
Sections 5 and 6 of this by-law do not apply in respect of the carrying on of a
retail business where:
a.
The only goods available for sale by retail in the retail business
establishment are:
i.
Foodstuffs;
ii.
Tobacco or articles required for the use of tobacco;
iii.
Antiques; or
iv.
Handicrafts;
v.
Or any combination of them, or where the principal business is
the sale of goods referred to in subclauses (i) to (iv), or any of
them, by retail and no other goods are available for sale except
as sundries; and
b.
The number of persons engaged in the service of the public in the
establishment does not at any time exceed three; and
c.
The total area used for serving the public or for selling or displaying to
the public in the establishment is less than 2,400 square feet.
Necessary Services
8.
Sections 5 and 6 of this by-law do not apply in respect of goods or services
sold or offered for sale by retail in the form of or in connection with:
a.
Prepared meals;
b.
Living accommodation;
c.
Laundromats and other coin operated services;
d.
Rental of vehicles or boats; or
e.
Servicing and repair of vehicles or boats.
Pharmacies
9.
Sections 5 and 6 of this by-law do not apply in respect of the carrying on of a
retail business in a pharmacy accredited under the Drug and Pharmacies
Regulation Act, where the principal business of the pharmacy is the sale of
goods of a pharmaceutical or therapeutic nature or for hygienic or cosmetic
purposes and no other goods are available except as sundries.
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By-law No. 2019-132
Special Services
10.
Sections 5 and 6 of this by-law do not apply in respect of the carrying on of a
retail business in a retail business establishment where the only goods
available for sale by retail in the establishment are:
a.
Gasoline and motor oil and, in conjunction therewith, other goods for
consumption in the operation of a motor vehicle;
b.
Nursery stock or flowers, and in conjunction therewith, accessory
gardening supplies; or
c.
Books, newspapers or periodicals provided that no other goods are
available for sale except as sundries, the number of persons engaged
in the service of the public in the establishment does not at any time
exceed three and the total area used for serving the public or for
selling or displaying to the public in the establishment is less than
2,400 square feet.
Liquor
11.
Sections 5 and 6 of this by-law do not apply in respect of the sale or offering
for sale by retail of liquor under the authority of a licence or permit issued
under the Liquor Licence Act.
Art Galleries
12.
Sections 5 and 6 of this by-law do not apply in respect of the carrying on of
the retail business of an art gallery where the number of persons engaged in
the service of the public in the establishment does not at any time exceed
three and the total area used for serving the public or for selling or displaying
to the public in the establishment is less than 2,400 square feet.
Tourist Establishments
13.
Sections 5 and 6 of this by-law do not apply in respect of the sale or offering
for sale of retail goods or services from tourist establishments or tourist
attractions.
14.
For the purposes of section 13, "tourist establishment" means any premise
operated to provide sleeping accommodation for the travelling public or
sleeping accommodation for the use of the public engaging in recreational
activities, and includes the services and facilities in connection with which
sleeping accommodation is provided, but does not include:
a.
A camp operated by a charitable corporation approved under the
Charitable Institutions Act;
b.
A summer camp within the meaning of the regulations made under the
Health Protection and Promotion Act; or
c.
A club owned by its members and operated without profit or gain.
15.
For the purposes of section 13, "tourist attraction" is limited to:
a.
Natural attractions or outdoor recreational attractions;
b.
Historical attractions; and
c.
Cultural, multicultural or educational attractions.
Education, Recreation, Amusement
16.
Sections 5 and 6 of this by-law do not apply in respect of the admission of
the public to premises for educational, recreational or amusement purposes
or in respect of the sale or offering for sale of goods or services incidental
thereto.
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By-law No. 2019-132
Application of the Employment Standards Act, 2000
17.
Despite any provision of this by-law, Part XVII of the Employment Standards
Act, 2000, S.O. 2000, c.41 applies to all retail business establishments in the
City.
Offences
18.
Every person who contravenes sections 5 or 6 of this by-law is guilty of an
offence and on conviction is liable to a fine of not more than the greater of:
a.
$50,000; or
b.
the gross sales in the retail business establishment on the date on
which the contravention occurred.
19.
Every person who coerces, requires or counsels another person to
contravene section 5 or 6 of this by-law is guilty of an offence and on
conviction is liable to a fine of not more than the greater of:
a.
$50,000; or
b.
the gross sales in the retail business establishment on the date on
which the contravention occurred.
20.
The minimum penalty for an offence under this by-law is $500 for a first
offence, $2,000 for a second offence and $5,000 for a third or subsequent
offence.
21.
In determining the amount of the penalty, the court shall take into
consideration any evidence respecting the gross sales in the retail business
establishment on the date on which the contravention occurred.
22.
Where a sign or advertisement gives the hours of operation of a retail
business establishment, it shall be presumed that the retail business
establishment was open during those hours, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
23.
For the purpose of enforcing this by-law, the total area of a retail business
establishment used for servicing the public or for selling or displaying to the
public on those days listed at subsection 5(b) shall be deemed to be the
greater of:
a.
the total area actually used on the holiday listed in subsection 5(b) for
serving the public or for selling or displaying to the public; and
b.
the total area normally used for serving the public or for selling or
displaying to the public on days other than those listed in subsection
5(b).
Inspections
24.
An officer, for the purpose of determining compliance with this by-law, may
enter a retail business establishment to carry out an inspection and may:
a.
require the production for inspection of documents or things relevant
to the inspection;
b.
inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts; and
c.
take photographs necessary for the purpose of the inspection.
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By-law No. 2019-132
Enactment
25.
This by-law shall come into full force and effect on the date it is passed, at
which time all by-laws, policies and resolutions that are inconsistent with the
provisions of this by-law are hereby amended or repealed insofar as it is
necessary to give effect to the provisions of this by-law.
FINALLY PASSED AND ENACTED this 12th day of August, 2019.
Signature on file
Mayor Ian C. Boddy
Signature on file
Briana M. Bloomfield, City Clerk