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The Corporation of the City of Pembroke
By-law Number 2020-16
A By-law to licence and govern certain businesses in the City of Pembroke
Whereas Section 150 of the Municipal Act, 2001, S. 0. 2001, c. 25 (the "Act"),
as amended, defines "business" as 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 the sale or hire of goods or services on an
intermittent or one-time basis and the activities of a transient trader and the
display of samples, patterns or specimens of goods for the purpose of sale or
hire;
And Whereas Section 151 of the Act permits a municipality to provide for a
system of licences with respect to a business and the specific powers available
to the municipality to regulate a business and to issue, suspend, and revoke
business licences;
And Whereas Section 153(2) of the Act states that a by-law providing for a
system of licences for a business may require as a condition of obtaining,
continuing to hold or renewing a licence that the business comply with land use
control by-laws or requirements under the Planning Act or any other Act.
And Whereas Section 425(1) of the Act states that a municipality may pass by-
laws providing that a person who contravenes a by-law of the municipality
passed under the Act is guilty of an offence.
And Whereas Section 426(1) of the Act states that no person shall hinder or
obstruct, or attempt to hinder or obstruct, any person who is exercising a power
or performing a duty under the Act or under a by-law passed under the Act.
And Whereas Section 429 of the Act states that, a municipality may establish
a system of fines for offences under a by-law of the municipality passed under
the Act and designate an offence as a continuing offence.
And Whereas Section 436 of the Act states that a municipality has the power
to pass by-laws providing that the municipality may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not the following are being complied with: a by-law of the
municipality passed under the Act, a direction or order of the municipality made
under the Act or made under a by-law of the municipality passed under the Act,
a condition of a licence issued under a by- law of the municipality passed under
the Act or an order made under Section 431 of the Act.
And Whereas the Council of Corporation of the City of Pembroke deems it
expedient to establish regulations for certain prospective businesses
conducting business operations within the boundaries of the City of Pembroke.
Now Therefore the Municipal Council of the Corporation of the City of
Pembroke enacts as follows:
1.
Short Title
This by-law shall be known and may be cited as the "Business Licensing
Bylaw". In the text of the by-law, it is referred to as "this by-law".
2.
Definitions
"Applicant" shall mean an individual that has submitted an application to be
licenced as a business in the City.
"CAO/Clerk" shall mean the Chief Administrative Officer/Clerk of the City of
Pembroke
Page 1 of 13
"Council" shall mean the municipal Council of the Corporation of the City of
Pembroke, as established by the statue and comprising as its Members the
Mayor, the Deputy Mayor and the Councillors.
"Door-to-Door Sales Person" shall mean going from premises to premises in
the capacity of a transient trader but shall not include the distribution of religious
literature or the solicitation of donations on behalf of a charitable organization.
"Licence" shall mean a business licence issued to an applicant by the City of
Pembroke to carry on certain business within the Municipality under the authority
of this by-law.
"Licensee" shall mean a person, company or organization that has been issued
a business licence by the City.
"Licencing Officer" shall mean the CAO/Clerk or his/her designate.
"Mobile Food Unit" shall mean any mobile unit from which either pre-packaged
or freshly prepared food items are sold such as:
a. A mobile food unit, which does not occupy a regular location but instead
moves throughout the municipality, for example an ice cream vending
bicycle.
b. A mobile food unit that is compact and is capable of occupying several
locations on a regular basis, for example a hot dog cart.
c. A mobile food unit that occupies the same area on regular basis, for
example a fry truck.
"Municipality" shall mean the City of Pembroke
"Not-for-Profit Organization" Shall mean an organization that is formed to carry
out a charitable, educational, religious, or scientific purpose.
"Officer" shall mean an individual appointed by the Council of the City of
Pembroke to enforce the provisions of this by-law which includes a Municipal Law
Enforcement Officer and a Provincial Constable with the Ontario Provincial
Police.
"Operator" shall mean any person who is in care and control of a mobile food
unit or other transient trader business
"Owner" shall mean the registered owner of the land on which the business is
being, or is to be conducted, or the person or company appearing on the business
licence issued by the Licencing Officer or otherwise noted as an owner on an
application for a business licence.
"PBIA" shall mean the Pembroke Business Improvement Area
"Premises" shall mean and include any land or any building, public or private,
within the City where a licensee is carrying on business or seeking to conduct
business.
"Public Health Inspector" shall mean a certified public health inspector with the
Renfrew County and District Health Unit or any other certified or recognized
health unit within Ontario
"Public Health Unit" shall mean the Renfrew County and District Health Unit
"Transient Trader" shall mean any person and his/her employees who:
a.
Goes door-to-door to sell, lease, rent or offer to sell, lease or rent any
product or good to a consumer in person at a dwelling or business. This
Page 2 of 13
includes persons or businesses who conduct door-to-door operations for
the purpose of testing equipment or taking samples; and/or
b. Sells from a permanent structure on a temporary basis, goods, wares, or
merchandise for sale, 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;
and/or
c. Sells from a permanent structure on a temporary basis, goods, wares, or
merchandise for sale, 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;
and/or
d.
Has no permanent place of business; and/or
e. Is engaged in retail sales but does not have a commercial store front or;
and/or
f.
Operates an event with multiple temporary vendors. and/or
g.
Includes auctions, product appraisal vendors, and includes any other
associated event where goods are brought to a venue for the purpose of
appraisal, purchase or sale
"Valid" shall mean currently in effect and not expired
3.
General Provisions
3.1
No person shall operate as a transient trader without possessing a valid
licence issued by the Municipality.
3.2
Upon demand being made by an Officer, a person operating as a
transient trader under this by-law shall produce his/her licence
immediately.
3.3
Every person shall obtain a separate business licence for every fixed
premises from which they, the licensee, are conducting business.
3.4
An organization operating as a transient trader, as defined, shall only be
issued a business licence for a maximum time period of 14 days. A date
of expiry shall be listed on the Business Licence Application Form as
shown in Schedule 'A' of this bylaw.
3.5
Every licensee shall display prominently a business licence issued by the
City and ensure that it is visible to the public in a fixed location from which
the licensee is conducting business.
3.6
A door-to-door sales person, when requested to do so by an Officer,
shall:
a.
Produce a valid business licence issued by the municipality; and,
b.
Produce a valid piece of identification, which positively identifies who
that person is as well as the company in which they are conducting
sales for.
3. 7
No Transient trader shall conduct door-to-door sales between the hours
of 7:00 p.m. to 9:00 a.m., Monday through Saturday and at all times on
Sundays and statutory holidays.
3.8
A person(s) operating as a door-to-door salesperson/transient trader
must leave the private property immediately when requested to do so by
Page 3 of 13
a person who has a vested interest at that property.
3.9
No person(s) operating as a door-to-door salesperson shall solicit in an
aggressive, persistent or ongoing manner.
3.10
No person shall obstruct, withhold, destroy, conceal, or refuse to furnish
any information requested by an Officer.
3.11
No licensee shall operate on private property without the explicit written
consent of the property owner.
3.12
The owner of the premises from which a transient trader is operating shall
ensure that the property is in compliance with all City By-laws as well as
the Ontario Building Code Act, Fire Protection and Prevention Act, Health
Protection and Promotion Act and all other applicable provincial and
federal statutes that apply to the business of a transient trader.
3.13
No licensee shall operate on public property without the explicit written
consent of the CAO/Clerk.
3.14
No person shall have a vested right to the continuation of a licence. All
licences issued, renewed, cancelled, suspended or terminated remain the
sole property of the City.
3.15 A mobile food unit licensee/Operator shall:
a.
Maintain the exterior/interior of the mobile food unit in a clean and
sanitary condition and in good repair at all times
b.
(i)
Allow an appointed Public Health Inspector to inspect the
premises and vehicles/units to determine compliance with all
requirements of applicable legislation; and,
(ii)
Comply with any Order or Direction issued by the Public
Health Unit, and
(iii)
Notify the Municipality when an Order or Direction from the
Public Health Unit has been issued against the unit.
c.
Remove the vehicle/unit off property immediately when requested
by an Officer
d.
Enter into the City of Pembroke Food Vendor Contract as indicated
n Schedule "C" of this by-law.
3.16
In the case of a Not-for Profit Organization conducting sales with the
intention of raising funds for their cause, no licence fee will be charged;
however the Organization shall register with the Municipality.
3.17
Licenses issued to businesses within the geographic boundaries of the
Pembroke Business Improvement Area will be subject to an additional
fee.
3.18
A non-residence rate licence, as listed under "Schedule B", shall be
required for a business located outside of the City of Pembroke who are
wishing to conduct business within the municipality. This shall apply
where the principal business is not located within the municipality.
3.19
Every licence holder shall notify the municipality's CAO/Clerk within 48-
hours of any change of information disclosed on their licence application.
3.20
Every licensee shall ensure that a licence transfer is conducted in
accordance with the regulations as set out in Section 3.3 of this by-law.
Page 4 of 13
4.
Issuance of Licence
4.1
Application ("Schedule A") for a business licence must be completed in
full and submitted directly to the Licencing Officer along with:
a.
A description of the structure or vehicle from which sales will be
conducted
b.
A site plan of the property from which business will be conducted,
ensuring that structures adhere to the City's Zoning By-law and
Official Plan as well as meet the requirements of the Ontario
Building Code;
c.
A description of the location from which sales will be conducted;
d.
Written permission from the property owner on whose property
the business is to be operated;
e.
Payment in full for the type of licence being purchased as
established in "Schedule B";
f.
In the case of mobile food units selling prepared food, approval
from the Renfrew County and District Health Unit must
accompany the licence application.
g.
Proof of insurance confirming insurance coverage for liability
limits not less than $2,000,000.00 covering all business premises
and operations, if located on City property.
h.
All businesses for which a license application has been submitted
may be required to meet such additiooal requirements as may be
established by the Licensing Officer. f ·1 re.. de..p·+ ~Q o:i✓cd
4.2
The Licencing Officer is able to reject a business licence application if:
a.
The applicant submits an incomplete business licence application
form;
b.
The application contains false or misleading information;
c.
The past conduct of the applicant affords reasonable grounds for
belief that the business will not be carried on in accordance with
the law;
d.
The applicant is carrying on activities that are, or will be in
contravention of this or any other by-law;
e.
The applicant is in default with respect to any financial or other
obligation to the City.
4.3
A Licensee is only able to transfer his/her licence if:
a.
The business that is being conducted is the same;
b.
The transferee is deemed to be in good standing based on the
requirements in subsection 3.1;
c.
The transferee is not in violation of any part of subsection 3.3;
d.
The Licencing Officer has given his/her written permission allowing
for the transfer of the licence; and
e.
Payment of fees for transfer of a license as set out in Schedule "B"
is provided.
Page 5 of 13
5.
Suspension/Revocation of Licence
5.1
The Licencing Officer may suspend or revoke a licence if a licensee is
found to be in contravention of this or any other by-law.
5.2
The Licencing Officer may suspend or revoke a conditional licence if the
conditions set out by the Licencing Officer have not been met in the
prescribed time period
5.3
Suspended licences are subject to any conditions imposed on them by
the Licencing Officer
6.
Fees
6.1
Fees are set out in Schedule "B", with annual increases as of January 1,
2021 to be equal to the Consumer Price Index (CPI) as published
annually by Statistics Canada, and are due and payable upon
submission of a license application.
6.2
The new fees which include CPI shall be posted on the City of
Pembroke's website
7.
General Exemptions
7.1
Any City organized/run event shall be exempt from this by-law.
8.
Administration and Enforcement
8.1
Entry and Inspection
An Officer may, when an offence is believed to have been committed
through reasonable probable grounds, enter upon land for the purpose
of carrying out an inspection to determine compliance with this by-law.
8.2
Obstruction
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this by-law.
8.3
This by-law shall be enforced by a Municipal Law Enforcement Officer or
by any Provincial Constable with the Ontario Provincial Police.
9.
Penalties
9.1
Every person who contravenes any provision of this by-law is guilty of
an offence and upon conviction is liable to a fine as provides for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended
9.2
Any person convicted of an offence under this by-law is liable;
a.
For a first offence, to a fine as set out under Schedule 'D' of set
fines as imposed under this by-law; or
b.
For every subsequent offence, to a fine no more than $1,000.00 as
imposed by the Justice of the Peace following a court proceeding.
10.
Severability and Enactment
10.1 If any court of competent jurisdiction declares any section or part of this
By-law to be invalid, such section or part of a section thereof shall be
deemed to be severable and all other sections or parts of the By-law
shall be deemed
Page 6 of 13
10.2 That By-law 2020-06 and any other By-law inconsistent with the
provision contained in this By-law are hereby repealed .
10.3 This By-law shall come into force and effect upon being passed.
Passed and Enacted
This 18th day of February, 2020
Michael LeMay
Mayor
Terry La ierr
Chief Administrative Officer/Clerk
Page 7 of 13
PeAke
the heart of the o ttawa valley
Business License Application Form
Schedule "A" to By-law 2020-16
First Day of Operation:
Last Day of Operation:
Name of Business:
Name of Business Owner:
Street Address of Business:
City:
Postal Code:
Phone Number:
Email Address:
Description of Goods/Services Sold:
Employee Name(s):
Company Vehicle(s) (Make/Model/Year/Colour/License Plate):
I Do Hereby Confirm that I am aware of and accept the conditions set out with
respect to the issuance of this licence and agree to the conditions of this licence
and of the by-laws the City of Pembroke concerning the operation of the
business. I further indemnify and save harmless the City of Pembroke, its
Committees, and employees, from all claims arising out of the business activity
authorized by the licence. I certify that the information provided on this
application is true and correct to the best of my knowledge.
Applicant Signature:
Date:
For Office Use Only:
Conditions of Business License Issuance:
Business License Expiry Date:
Page 8 of 13
Fee Schedule for Business Licences
Schedule "B" to By-law 2020-16
Business Type - Transient Traders
Fee
City of Pembroke Resident
$250. 00/event
Non-Resident
$500.00/event
Business Type - Mobile Food Units
Fee
Special Events
$50.00
Annual
$250.00
Semi-Annual Fee - 6 months
$125.00
Any licences that are operating within the geographic boundaries of the
Pembroke Business Improvement Area (P.B.l.A.) are also subject to the
Associate Membership fee of $150.00 which is payable at the P.8.I.A. office.
Page 9 of 13
City of Pembroke
Food Vendor Contract
Schedule "C" to By-law 2020-16
Made this day of
, 20 .
Between
(Hereinafter referred to as "Vendor")
of the First Part
and
The Corporation of the City of Pembroke (Hereinafter referred to as "City")
of the Second Part
Whereas the City is the owner of certain lands and premises in the City of
Pembroke being
, which contains an area or areas from which food and
non-alcoholic beverages are sold
And Whereas the vendor has requested to locate a mobile food concession at
the
as agreed on as per location of the attached map;
And Whereas the contract term will be from May 1, 20
to October 31,
And Whereas the City is agreeable to entering into an agreement with the
vendor;
Now Therefore the vendor and the City undertake to agree as follows:
1.
The City does not grant concession monopolies, and there may be two or
more vendors selling the same or similar products.
2.
The vendor agrees to follow a professional code of business conduct that
ensure the public and City staff are treated fairly.
3.
The vendor agrees to maintain the premises ii occupies in a clean and
orderly condition. Food containers and other litter on the premises
occupied by the vendor shall be removed as soon as practical during the
days vendor is operating his or her food booth and at the end of each day
at his or her own expense.
4.
The vendor agrees to pay the City the fees set out in Schedule "B"
attached hereto;
5.
This agreement is to be considered of any ongoing year-to-basis, which
can be terminated by either party without penalty giving a minimum of
sixty days written notice. Additionally, the City reserves the right to
revoke this permit, without refund or any other compensation, if there has
been a complaint lodged concerning the vendor. Based on the City of
Pembroke's decision, the vendor will be required to cease operating
immediately on receipt of written notice by the City and must vacate City
property immediately. No refundswill be provided.
6.
The vendor shall obtain all licenses and permits necessary to conduct a
food vending operation selling to the public, including but not limited to
business license, vendor's permit, health department permits. The
Vendor shall remain in complete compliance with all applicable federal,
Page 10 of 13
provincial and municipal regulations governing the rights, obligation and
performance of a food vendor under this Agreement.
7.
The Vendor releases the City from all liability of any and all bodily injury,
which may be sustained by the vendor operator and all employees or
workers. The vendor must supply a certificate of insurance naming the
City as being additionally insured. The Limit of Liability shall be no less
than $$2,000,000.00
8.
Provision of hydro services, where available, will be at the vendor's cost.
A monthly fee will be billed to the vendor according to usage on City
Meter.
9.
Connection to City water services, where available, will be by permission
from the City.
10.
The vendor will provide his or her own signage that must be professional
in appearance and conform to the City's Sign By-law.
11 .
The vendor must have an approved fire extinguisher and first aid kit in
the truck at all times.
12.
The vendor is responsible for providing tables, seating and trash
receptacles.
In Witness Whereof, the parties at their hands the day, month and year first
written above.
Signed, Sealed and Delivered
In the presence of
Vendor Signature
Date
Business Name:
Address:
Phone:
City of Pembroke
Date
License Fee Number
Page 11 of 13
Item
Number
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11 .
12.
13.
The Corporation of the City of Pembroke
Part 1 Provincial Offences Act
By-law 2020-16: Business Licensing
Schedule "D" - Set Fines
Column 1 - Short Form
Column 2-
Wording
Provisions
creating or
defining offence
Operate as a transient trader -
S. 3.1
Fail to possess valid business
license
Transient trader - Fail to
S. 3.2
produce business license
issued
Licensee/Operator - fail to
S. 3.3
possess/acquire license for
additional premises
Licensee/Operator- Fail to
S. 3.5
display business license so
that it is visible to the general
public
Door to door sales person -
S. 3.6 (a)
fail to produce a valid business
license
Door to door sales person -
S. 3.6 (b)
fall to produce identification to
validate issued business
license
Door to door sales person -
s. 3.7
operate during prohibited times
Door to door sales person -
S. 3.8
fail to leave property when
requested to do so
Door to door sales person -
S. 3.9
solicit in an
aggressive/persistenUongoing
manner
Unlawfully obstruct, withhold,
S. 3.10
destroy, conceal or refuse to
furnish any information
requested
Transient trader - operate on
S. 3.11
private property without
owner's consent
Property owner - fail to ensure
S. 3.12
property is in compliance
Transient trader - operate on
S. 3.13
public/municipally owned
property without consent
Column 3 - Set
Fine
$600.00
$85.00
$85,00
$85.00
$85.00
$85.00
$85,00
$85.00
$85.00
$300.00
$85.00
$85.00
$300.00
Page 12 of 13
J ..
.. .,
Item
Column 1 - Short Form
Column 2-
Column 3 - Set
Number
Wording
Provisions
Fine
creating or
defining offence
14.
Mobile food unit
S. 3.15 (a)
$85.00
licensee/operator - fail to
maintain interior/exterior of unit
in clean/sanitary condition or in
good repair
15.
Mobile food unit
S. 3.15 (b) (i)
$85.00
licensee/operator - fail to allow
entry of a Public Health
Inspector to conduct inspection
16.
Mobile food unit
S. 3.15 (b) (ii)
$85.00
licensee/operator - fail to
comply with an order or
direction issued by a Public
Health Inspector
17.
Mobile food unit
S, 3.15 (b) (iii)
$85.00
licensee/operator - fail to notify
the municipality of an issued
order or direction from the
Public Health Unit
18.
Mobile food unit
S. 3.15 (c)
$85.00
licensee/operator - fail to
remove the vehicle/unit
immediately as requested
19.
Not for profit organization
S. 3.16
$85.00
conduction sales - fail to
register with municipality
20.
Licensee - Fail to notify
S. 3.19
$85.00
change of license information
21 .
Licensee - fail to properly
S. 3. 20
$85.00
transfer license
22.
Obstruct Officer in
S. 8.2
$700.00
performance of duty
Note: the penalty provision for the offenses indicated above in Section 9.1 of
City of Pembroke's By-law 2020-16, a certified copy of which has been filed and
Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33.
Page 13 of 13
2026 Business License Fees
(Amended from By-law 2020-06 Schedule "B")
CPI Adjustment
1.90%
Business Type - Transient Traders
2025 Fee
2026 Fee
City of Pembroke Resident
$
296.35
$
302.00
Non-Resident
$
592.71
$
603.95
Business Type - Mobile Food Units
2025 Fee
2026 Fee
Special Events
$
59.27
$
60.40
Annual
$
296.35
$
302.00
-
Asemi-Annual Fee - 6 Months
$
148.19
$
151.00
Any licenses that are operating within the geographic boundaries of the
Pembroke Business Improvement Area (P.B.1.A) are also subject to the
Associate Membership fee of $150.00 which is payable at the P.B.I.A.
office.