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Corporation of the City of Owen Sound
By-law No. 2023-128
A By-law to Provide for the Licence and Regulation
of Businesses in the City of Owen Sound
WHEREAS section 11(2) of the Municipal Act, 2001 S.O. 2001 c.25 (the "Act")
provides that municipalities may pass by-laws for the purpose of ensuring
economic, social well-being of the municipality, and the health, safety and well-
being of people in the municipality; and
WHEREAS section 151 of the Act provides for a system of business licences for
any business wholly or partially carried on within the municipality and allows a
municipality to prohibit the carrying on or engaging in the business without a
licence, to refuse to grant a licence, to revoke or suspend a licence or to impose
special conditions for a licence; and
WHEREAS section 445 of the Act provides that if a by-law has been contravened,
the municipality may make an order requiring the person who contravened the
by-law or who caused or permitted the contravention or the owner or occupier of
the land on which the contravention occurred to do work to correct the
contravention and that the municipality may provide that any person who
contravenes such an order is guilty of an offence; and
WHEREAS section 447 of the Act provides that if an owner is convicted of
knowingly carrying on or engaging in a trade, business or occupation without a
licence required by a business licensing by-law, the court may order that the
premises or part of the premises be closed for no longer than two years; and
WHEREAS section 447.1 of the Act provides that upon application, a Superior
Court of Justice may issue an order for all or part of a premises to close if
activities on the premises constitute a public nuisance which has a detrimental
impact on the use and enjoyment of nearby property and the owner or
occupants knew or ought to have known of the nuisance and did not take
adequate steps to eliminate it; and
WHEREAS section 441 of the Act provides that the City's treasurer may give
written notice of any fines imposed for the contravention of a business licensing
by-law that become due and payable, the final date on which fines are payable,
and if the fine remains unpaid after the final date, the fine is determined to be
unpaid taxes; and
WHEREAS on September 9, 2014, the Council of The Corporation of the City of
Owen Sound (the "City") passed By-law No. 2014-150 to provide for the
licensing and regulation of business; and
WHEREAS on November 20, 2023, City Council passed Resolution R-231120-009
directing staff to bring forward the subject by-law for approval and to repeal By-
law No. 2014-150, in consideration of staff report CR-23-086, presented to the
Corporate Services Committee on November 9, 2023;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
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BY-LAW NO. 2023-128
Part I. Part I. Short Title, Purpose and Scope
Short Title
1.
This by-law may be referred to as the "Business Licensing By-law" and
when so referenced includes all future amendments, unless otherwise
specified.
Purpose
2.
This by-law has been enacted to licence and regulate businesses to:
a.
protect the economic well-being of the City;
b.
prevent nuisance and maintain order in the City;
c.
protect the health, safety and well-being of the citizens of the City;
and
d.
ensure compliance with applicable rules and regulations, including
building, zoning, fire safety and public health requirements.
3.
For greater clarity, this by-law has not been enacted to endorse or
guarantee:
a.
the quality of products, workmanship or services provided by the
Business; or
b.
the skills or credentials of a Business owner, operator or employee.
Scope
4.
This by-law applies to every business operating in the City except:
a.
exhibitions, concerts, festivals and other organized public
amusements that do not have vendors operating on-site;
b.
Farmer's Market vendors or other temporary sale of farm products in
the form of honey, maple syrup, or unprocessed fruits, vegetables
and grains; and
c.
businesses set out in the Municipal Act or the regulations under it
which the City does not have authority to regulate including;
i.
the sale or service of liquor or any condition respecting
containers of, or facilities for the return of, alcoholic
beverages;
ii.
a courier or transportation business or owners or drivers of
vehicles used in courier or transportation business;
iii.
a business of trading in real estate or persons registered under
the Real Estate and Business Brokers Act who are carrying on
business as real estate brokers, salespersons or brokerages;
iv.
electricians, master electricians or electrical contractors;
v.
any requirement for a tradesperson to complete examinations
or obtain any certificate issued by the City in relation to their
competence to perform the trade if they hold an Ontario
College of Trades certificate of qualification in that trade;
vi.
a manufacturing or an industrial business, except to the extent
that it sells its products or raw material by retail;
vii.
the sale of goods by wholesale; or
PAGE 3
BY-LAW NO. 2023-128
viii.
the generation, exploitation, extraction, harvesting,
processing, renewal or transportation of natural resources;
d.
short-term rentals, which are regulated by the City's Short-Term
Rental By-law;
e.
dog kennels, which are regulated by the City's Kennel Licensing By-
law; and
f.
non-commercial sales such as the sale of second-hand goods on
digital platforms or at yard sales.
Part II. Interpretation
Headings
5.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect the interpretation of the by-
law.
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended
from time to time.
No Relief of Duties
7.
The provisions of this by-law or issuance of a business licence does not
relieve any person operating a business from provincial business
registration requirements or the requirements of any applicable by-law, act
or regulation.
Definitions
8.
For the purposes of this by-law:
"Business" means any hawker peddler operating in the City or any
organization or enterprising entity engaged in commercial, industrial or
professional activities, for profit or otherwise, with an office or place of
business located within the City, and includes but is not limited to:
a.
trades and occupations;
b.
exhibitions, concerts, festivals and other organized public
amusements, held for profit or otherwise, that have on-site vendors;
c.
the sale or hire of goods or services on an intermittent or one-time
basis; and
d.
the display of samples, patterns or specimens of goods for the
purpose of sale or hire;
"Business Licence" means a valid licence issued by the City to a business
pursuant to this by-law;
"City" means the Corporation of the City of Owen Sound and a reference to
the City is a reference to its geographical area or to the municipal
corporation, as the context requires;
"City Clerk" means the Clerk of the City or their designate;
"Council" means the Council of the City;
"Enforcing Officer" means a Police Officer of the Owen Sound Police
Service; a By-law Enforcement Officer, Building Inspector, Fire Chief, Fire
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BY-LAW NO. 2023-128
Prevention Officer or the Chief Building Official, appointed by the City; and
the Medical Officer of Health of the Health Unit or their designate;
"Hawker Peddler" means a person operating a business in the City, on a
temporary basis or without leasing for longer than three months, or
without owning property in the City, including operating by way of:
a.
flyer or phone sales; or
b.
traveling from place to place or door to door;
"Health Protection and Promotion Act" means the Health Protection and
Promotion Act, R.S.O. 1990, c H.7;
"Health Unit" means the Grey Bruce Health Unit;
"Home Occupation Business" means a business within a dwelling unit or an
accessory building or structure, which is an accessory use to the principle
residential use by a resident therein;
"Mobile Food Business" includes street food vending carts, mobile
preparation premises and catering vehicles as defined in Ontario
Regulation 562 under the Health Protection and Promotion Act;
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25;
"Operate" or "Operating" when referring to a business, includes carrying
on, conducting, maintaining, owning or keeping the business;
"Person" includes an individual, partnership, firm or corporation and any
heirs, executors or legal representatives to whom the context can apply;
"Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990,
c. P.33; and
"Short-term rental" means all or part of a legally established dwelling that
operates or offers a place of temporary residence, lodging or occupancy by
way of a rental agreement or similar commercial transaction for a period of
twenty-eight (28) consecutive nights or less and, for greater clarity,
includes bed & breakfasts;
"Street Vendor Agreement" means an agreement between the operator of
a mobile food business and the City that allows the business to operate on
City property, including but not limited to sidewalks and walkways;
"Technical Standards and Safety Act" means the Technical Standards and
Safety Act, 2000, S.O. 2000, c. 16.
Part III. General
Operation
9.
No person may operate a business in the City without a business licence.
10.
No person may operate a business in the City where a business licence has
expired or been refused, revoked or suspended.
11.
No person may operate a business in the City contrary to an order issued
by an enforcing officer or a superior court of justice.
Additional Requirements
12.
Without limiting any provision of this by-law, no person may operate a
business described in column 1 of the table to this section without
adhering to the requirements identified in column 2 in the same row.
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BY-LAW NO. 2023-128
Business requirements table
Column 1 - Business
Column 2 - Requirements
Mobile Food
Set out in Schedule 'A'
Hawker and
Peddler
Set out in Schedule 'B'
Home Occupation
Set out in the City's Zoning By-law
Adult
Entertainment
Set by the Owen Sound Police
Services Board
Body Rub Parlour
Set by the Owen Sound Police
Services Board
Escort Services
Set by the Owen Sound Police
Services Board
Salvage Yards
Set by the Owen Sound Police
Services Board
Secondhand Shops
Set by the Owen Sound Police
Services Board
Taxis
Set by the Owen Sound Police
Services Board
Part IV. Business Licence
Licence Display
13.
Every person who operates a business in the City must display a business
licence as follows:
a.
in a way which is visible to the public and enforcing officers, or
b.
by carrying a copy with them while operating a hawker peddler
business and showing it to any person on request.
Business Relocation and Change of Ownership
14.
Every person who operates a business in the City must reapply for a
business licence if the business moves to a new location or changes
ownership.
Application
15.
Every person who applies for a business licence must contact the City's
Planning Division before submitting a business licence application to ensure
that the proposed business meets all zoning regulations.
16.
Every person who applies for a business licence must provide the following
to the City in the form or manner provided by the City:
a.
a complete business licence application;
b.
a non-refundable business licence fee as set out in the City's Fees
and Charges By-law;
c.
a sign permit application, if required; and
d.
any other document required by the City Clerk.
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BY-LAW NO. 2023-128
Approval
17.
Council hereby delegates authority to the City Clerk to issue business
licences subject to the following conditions, limits, procedures and notice
requirements:
a.
upon receipt, a business licence application must be circulated to
City departments, and to the Health Unit as required;
b.
the Clerk may not issue the business licence until all parties which
were circulated on the Business Licence application have confirmed
that they have no objections to the proposed business;
c.
the City Clerk may issue business licences, subject to any applicable
conditions, limits or expiry dates for the following businesses:
i.
a general business;
ii.
a home occupation business;
iii.
a mobile food business; and
iv.
a hawker peddler business; and
d.
notice of all approved business licences will be included on the
Council agenda.
Part V. Penalty and Enforcement
Enforcement
18.
The City Clerk and any enforcing officer may refuse, revoke or suspend a
business licence, subject to any limits in the Municipal Act, under the
following circumstances;
a.
non-payment of any fees, charges or outstanding fines;
b.
non-compliance with an order, condition on a business licence or any
provision of this by-law or any applicable by-law, Act or regulation;
c.
as directed by Council; or
d.
the continuation of the business poses an immediate danger to the
health or safety of any person or to any property.
19.
Any enforcing officer may:
a.
enforce the provisions of this by-law:
b.
inspect, at any reasonable time, any business which is licenced or
has applied for a business licence to determine if the business
complies with this by-law or any applicable by-law, Act or regulation;
c.
issue a work order, order to discontinue activity or order to do any
action or thing required to bring a business into conformity with this
by-law or any applicable by-law or any Act or regulation; or
d.
apply to a Superior Court of Justice for an order for a business to
close where the conditions for public nuisance or lack of a business
licence set out in the Municipal Act have been satisfied.
20.
Where an enforcing officer has reasonable grounds to believe that an
offence has been committed by a person, the officer may require the
name, address, date of birth and proof of identity of that person, and the
person shall supply the required information.
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BY-LAW NO. 2023-128
21.
No person shall provide false information or give a false statement to an
enforcing officer, employee and/or agent of the City in the lawful exercise
of a power or duty under this by-law.
22.
No person shall hinder or obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an enforcing officer, employee and/or agent of
the City in the lawful exercise of a power or duty under this by-law.
Penalty
23.
Any person who contravenes the provisions of this by-law is guilty of an
offense and, upon conviction, is subject to the penalty set out in the
Provincial Offences Act.
24.
For the purposes of this by-law, each day that a contravention of this by-
law continues constitutes a separate and distinct offence.
25.
In addition to any other remedy provided for in law, where all or part of a
fine under this by-law remains unpaid, such fine may be added to the tax
roll for property owned in whole or in part by the person upon whom the
fine is imposed and collected as municipal taxes.
Part VI. Part VI. Conflict and Transition
Conflict
26.
In the event the provisions of this by-law are inconsistent with the
provisions of the Municipal Act, its regulations or any other Act, the
provisions of the Act or regulation shall prevail.
Terms Severable
27.
The terms and provisions of this by-law are severable and should any term
or provision be found by a court of competent jurisdiction to be legally
unenforceable, inoperative or invalid, the remainder of the by-law will
continue to be in full force and effect.
Repeal
28.
By-law No. 2014-150 is repealed.
Enactment
29.
This by-law comes into full force and effect upon the final passing thereof
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 4th day of December 2023.
Mayor Ian C. Boddy
Briana M. Bloomfield, City Clerk
PAGE 8
BY-LAW NO. 2023-128
Schedule 'A' - Mobile Food Business Regulations
Licence Application
1.
In addition to the requirements set out in section 16 of this by-law, every
person applying for a business licence for a mobile food business shall:
a.
provide a photograph of the mobile food vehicle; and
b.
provide a Mobile Food Service Equipment (TSSA) form completed by
a qualified inspector if fueled by propane or other cooking fuel.
Operation
2.
Every person operating a mobile food business shall ensure that:
a.
the mobile food business does not operate and is not on City
property between the hours of 11:00 p.m. and 7:00 a.m. the
following day;
b.
the business operates in compliance with the Accessibility for
Ontarians with Disabilities Act, 2005 and the Smoke-Free Ontario
Act, 2017;
c.
the area around the mobile food business is clean and free of
garbage, grease and snow;
d.
all health and safety regulations are followed, including but not
limited to the provisions of the Health Protection and Promotion Act,
the Technical Standards and Safety Act, and National Fire Protection
Association Code 96;
e.
the business licence is displayed on the mobile food business; and
f.
any signage complies with the City's Sign By-law.
Operating Locations
3.
No person shall operate a mobile food business:
a.
on a sidewalk or walkway which in any way blocks or creates a
hazard to pedestrians; and
b.
on any portion of a City highway or on-street parking space.
4.
Subject to sections 5 and 6 of this schedule, mobile food businesses shall
not be operated on property without the owner or occupier's permission.
5.
To operate a mobile food business at a festival or event held in the City,
the operator must:
a.
have permission from the organizers of the event; and
b.
operate in accordance with all event rules and regulations.
6.
To operate a mobile food business on City property, including City parks
and parking lots, the operator must have an approved lease or street
vendor agreement with the City.
Street Vendor Agreements
7.
Council hereby delegates authority to the City Manager or delegate to
approve Street Vendor Agreements subject to the following:
a.
the term of the agreement is for a calendar year or less; and
b.
approval of Street Vendor Agreements shall be determined on a first
come, first served basis.
PAGE 9
BY-LAW NO. 2023-128
Schedule 'B' - Hawkers Peddler Regulations
Licence Application
1.
Applicants shall complete a business licence application as set out in
section 16 of this by-law.
Licence Expiry
2.
A hawker peddler business licence may be issued to:
a.
a single hawker peddler business for one week or the calendar year;
b.
organizers of a special event with multiple hawker peddlers for the
duration of the event, up to one year; or
c.
a property owner for the calendar year to permit multiple hawker
peddlers to operate at the property.
Operation
3.
For greater clarity, a business that has a City business licence is not
required to purchase a hawker peddler business licence if their advertising
involves flyer or phone sales or traveling from place to place or door to
door.
Operating Locations
4.
Without written consent from the City, no hawker peddler shall operate on
any:
a.
City property, including sidewalks, streets or highways; or
b.
vacant lots in the City;
Licence Display
5.
Persons licensed as hawker peddlers who are travelling door to door must:
a.
carry a copy of their business licence with them; and
b.
wear a tag identifying their name and the name of the business.
Signs
6.
Signage must be displayed in accordance with the City's Sign By-law.