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CORPORATION OF THE TOWN OF RENFREW
BY-LAW NO. 63-2013
Being a By-law to license, regulate and
govern the sale or hire of goods or services
on an intermittent or one-time basis and the
activities of a transient trader in the Town of
Renfrew and to repeal By-law No. 60-98
WHEREAS under the Municipal Act, 2001 (S.O. 2011 c.25) a municipality may provide for a
system of licenses with respect to a business; and
WHEREAS the Council of the Corporation of the Town of Renfrew deems it desirable to
exercise this authority for the purposes of respecting the economic, social and
environmental well-being of the municipality and for the protection of persons and property,
including consumer protection; and
WHEREAS the Council of the Corporation of the Town of Renfrew deems it desirable to
license, regulate and govern business carried on within the Town of Renfrew.
NOW THEREFORE the Council of the Corporation of the Town of Renfrew enacts as
follows:
INDEX
PART 1
DEFINITIONS
PART 2
GENERAL LICENSING REGULATIONS
PART 3
EXEMPTIONS
PART 4
APPLICATION REQUIREMENTS
PART 5
DENIAL, REPEAL OF LICENSE
PART 6
TERM OF LICENSE
PART 7
TRANSFER OF LICENSE
PART 8
EXPIRY OF LICENSE
PART 9
POWER OF ENTRY
PART 10
ENFORCEMENT
PART 11
OFFENCES
PART 12
PENALITIES
PART 13
REPEAL
PART 14
VALIDITY/SEVERABILITY
PART 15
EFFECTIVE DATE
PART 1 - DEFINITIONS
"Accessible" shall mean the regulations according to the Accessibility for Ontarians with
Disabilities Act, 2005 as may be amended from time to time.
"Building Code" shall mean the regulations made pursuant to the Building Code Act, 1992
as may be amended from time to time.
"Business" shall mean a trade, business or occupation and includes the sale or hire of
goods or services on an intermittent or one-time basis
"By-law Officer" shall mean a person appointed by Council of the Town of Renfrew as a
Municipal Law Enforcement Officer to enforce the provisions of this by-law.
"Chief Building Official" shall mean a person appointed by Council of the Town of Renfrew
as the Chief Building Official to enforce the provisions of the Building Code for the purposes
of this by-law.
"Council" shall mean the Municipal Council of the Corporation of the Town of Renfrew.
"Fire Chief" shall mean the person, or his/her designate, appointed by the Council of the
Corporation of the Town of Renfrew pursuant to the Municipal Act, 2001.
"Fire Code" shall mean the National Fire Code of Canada, 2010 as may be amended from
time to time.
"Issuer of Licenses" shall mean the Clerk, or his/her designate, who has been appointed
by Council.
"License" shall mean the license issued by the municipality signifying permission to sell
goods and establishing the conditions under which the permit is granted.
"License Holder" shall mean the person, transient trader, organization, company or group
that has been granted a license for selling goods and/or services within the municipality.
"Municipal Cultural Events" Shall mean Agricultural, Artistic, Social or Economic events.
"Owner" shall mean the person who owns or manages the property, for the time requested,
stated in the application for the transient trader license, whether on his own account or as an
agent or trustee of any person who would receive the same if such lands and premises were
let.
"Person" shall mean any individual, association, firm, partnership, corporation, agent or
trustee and their heirs, executors, or other legal representatives of a Person to whom the
context can apply according to the law.
"Premises" shall mean any vacant land and/or temporary structure.
"Property Standards Officer" shall mean a person appointed by Council of the Town of
Renfrew as the Property Standards Officer to enforce the provisions of the Property
Standards By-Law for the purposes of this by-law.
"Public Health Inspector" shall mean the person(s) appointed by the Renfrew County and
District Health Unit whose duty it shall be to make such inspection as may be required under
the provisions of the Health Protection and Promotion Act 1990, as amended from time to
time.
"Registered Charitable Organization" shall mean any charity that is registered with the
Federal or Provincial Government.
"Temporary Structure" shall mean any structure/building/vehicle used for the purposes of
selling any items as defined under "Transient Trader".
"Town/Municipality" shall mean the Municipality of the Town of Renfrew.
"Transient Trader" shall mean any person and his/her employee(s) who:
a)
Goes from door to door and/or has a temporary structure to sell goods, wares
or merchandise, 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.
b)
Is
engaged
in
sales/service
but
does
not
have
a
commercial
business/commercial assessment in the Town of Renfrew.
"Zoning By-Law" shall mean a by-law enacted under section 34 of the Planning Act R.S.O.
1990 that restricts the use of land.
PART 2 - GENERAL LICENSING REGULATIONS
2.1
Transient Traders and other persons whose names are not entered on the
assessment roll of the Town in respect of commercial/business assessment, and
who offer goods, services, wares or merchandise for sale to consumers from a
temporary location and/or door to door shall obtain a license, and shall pay a license
fee, before commencing to trade within the municipality.
2.2
Transient Traders shall always respect the residents of the Town of Renfrew;
especially if asked to remove themselves, their employee(s), merchandise or
vehicles from a resident's property.
2.3
A person is not eligible to hold a license if the property to be used for carrying on the
trade, business or occupation does not conform with all applicable laws, including but
not limited to the Building Code, the Property Standards By-Law, the Fire Code, and
the Health and Safety Act as amended from time to time.
2.4
A person is not eligible to hold a license if the operation of his/her business does not
conform with the applicable standards and requirements of every by-law of the Town
of Renfrew; every Provincial or Federal Act and regulation made under such an Act;
and every instrument of a legislative nature made or issued under a Provincial or
Federal Act or regulation, including standards and requirements with respect to the
qualifications of the persons carrying on or engaged in the business and with respect
to the vehicles and equipment used for the purposes of the business.
2.5
A person is not eligible to hold a license if the operation of his/her business does not
conform to the Tobacco Control Act 1994; Liquor License Act of Ontario, 1990;
and/or the Gaming Control Act of Ontario 1992, as amended from time to time.
2.6
No license shall be issued where the use is not permitted under the provision of the
Town of Renfrew Zoning By-Law.
2.7
Inspection of the premises may be made by the Chief Building Official, Property
Standards Officer, Public Health Inspector, Fire Chief, By-Law Enforcement Officer,
or their designates, who may following inspection certify to the Issuer of Licenses
compliance or non-compliance.
2.8
Any person acting as a transient trader who has been issued a license shall ensure
that the license is prominently displayed in or at his/her place of business or carried
on their person, during the full term in which he/she is carrying on business as a
transient trader.
2.9
Any Transient Trader who is operating multiple temporary locations within the
municipality must apply for multiple licenses and the licenses must be displayed at all
locations.
2.10
Any Transient Trader must upon demand produce his/her license immediately.
2.11
No person shall obstruct, withhold, destroy, conceal or refuse to furnish any
information required by a person inspecting for the purposes of this By-Law.
2.12
No person shall carry on the business of a transient trader in or on any municipal
property except under explicit written permission of the municipality.
2.13
No person shall carry on the business of a transient trader in or on any private
property except under explicit written permission of the owner of said property.
2.14
No person shall carry on business of a transient trader in a location which can cause
a public hazard.
2.15
A Transient Trader shall maintain his/her place of business in a clean and sanitary
condition, with adequate measures for the storage and disposal of garbage and
waste and sufficient levels of illumination to permit the safe use of the premises.
2.16
A Transient Trader shall provide proof of Liability Insurance ($2,000,000.00) when
municipal property is being used for the purposes of this by-law.
2.17
A Transient Trader shall operate according to the current Store Hours By-Law as set
out in the Town of Renfrew.
2.18
A Transient Trader shall not refuse to permit a person to enter and remain in a place
of business or other premises used for the business to which the public are
customarily admitted for the reason that he or she is accompanied by a Service
Animal.
2.19
A Transient Trader shall take every opportunity to ensure that the place of business
or other premises used for the business to which the public are customarily admitted
is accessible.
PART 3 - EXEMPTIONS
3.1
Municipal Special Events that are initiated and/or administered by the Town of
Renfrew shall be exempt from the provision of this by-law for the duration of the
specified event.
3.2
Registered Charitable Organizations that are registered with the Federal or
Provincial Government are exempt from the provisions of this by-law.
3.3
Farmer -Residents of the Town of Renfrew require no license if the goods, wares or
merchandise are grown or produced on their property, who offers for sale or sells
only the produce of his/her own farm.
3.4
Renfrew Farmers' Market is exempt from the fee and requirements associated with a
Transient Trader License; however they must provide proof of Liability Insurance
($2,000,000.00) when located on Municipal property.
3.5
Municipal Cultural Events (eligibility to be determined a Municipal Cultural Event is
under the discretion of the Clerk and/or his/her designate) are exempt from the fee
for a Transient Trader License; however they must still provide all other application
requirements listed in 4.2 when located on Municipal property.
PART 4 - APPLICATION REQUIREMENTS
4.1
A license application is attached to this By-Law as Schedule "A".
4.2
No license shall be issued to a Transient Trader unless the applicant files with his
application:
a)
A Vulnerable Sector/Criminal Record Check for each person engaged as a
Transient Trader which shall be obtained by the individual at their own
expense and must have been issued within the past 365 days.
b)
Proof of Liability Insurance ($2,000,000.00), if required.
c)
A description of the location(s), structure(s) and/or vehicle(s) from which
sales will be conducted. (The Town of Renfrew's Development and Works
Department must review all applications that are conducted from premises).
d)
Written permission from the property owner on whose property the business
is to be operated.
e)
Payment in full for the specified duration of the license as per the License
Fees as attached in Schedule "B" of this By-Law.
4.3
A sample Transient Traders License is attached under Schedule "D"
PART 5 - DENIAL, REPEAL OF LICENSE
5.1
The Issuer of Licenses may refuse to issue a license unless and until compliance
with the provisions of this by-law or any other requirements referred to herein is
established by the applicant, the owner of the business or the occupier of the
premises for which the license is required.
5.2
The Issuer of Licenses may refuse to issue a license due to the past conduct of the
applicant or an individual employed by the applicant.
5.3
The Issuer of Licenses may refuse to issue a license due to complaints received
from residents of the Town of Renfrew or from the Issuer of Licenses from
neighbouring municipalities.
5.4
The Issuer of Licenses shall deny/repeal a Transient Trader License and/or issue a
fine when:
a)
The Transient Trader is carrying on activities that are, or will be in
contravention of this By-Law.
b)
The Transient Trader is in default with respect to any financial or other
obligations to the Municipality.
c)
The Transient Trader or any individual employed by the Transient Trader has
been convicted of any offense in Sections 150 to 174 inclusive of the Criminal
Code of Canada R.S.C. 1985, as amended, (Sexual Offenses), for which a
pardon has not been granted.
d)
The Transient Trader or any individual employed by the Transient Trader has
been convicted of any offence under the Controlled Drugs and Substances
Act S.C. 1996, c. 19, as amended, or its predecessor or successor
legislation, for which a pardon has not been granted.
e)
The Transient Trader has any unpaid fines outstanding arising from a
conviction for an offense under this By-Law or any other By-Law.
f)
The Transient Trader provides false information on the application.
g)
The Issuer of Licenses received complaints about the conduct of the transient
trader or any individual employed by the Transient Trader.
5.5
Any Transient Trader or his/her employee(s) who contravenes any provisions of
this By-Law is subject to the fines attached to this By-Law marked as Schedule
"C".
PART 6 - TERM OF LICENSE
6.1
All licenses issued under this By-Law, unless they become denied or repealed, shall
be for the date(s) listed on the license.
6.2
All license issued under this By-Law, unless they become denied or repealed, will be
subject to the fees under Schedule "B" of this By-Law.
6.3
Licenses will only be extended with written permission to the Issuer of Licenses
detailing reasons why the license requires an extension.
PART 7 - TRANSFER OF LICENSE
7.1
Every license is the property of the Corporation of the Town of Renfrew and is valid
only in respect of the person, location premises and duration named herein and for
the nature of the business stated in the license. No license may be transferred for
any reason or to any person.
PART 8 - EXPIRY OF LICENSE
8.1
A Transient Trader License is valid only for the dates specified in the license and will
expire at 11:59 p.m. on the date of expiry.
8.2
A Transient Trader License may be extended with the approval of the Issuer of
Licenses and the fee for extension as set out in Schedule "B" of this license is paid.
A Yearly Transient Trader License may not be extended.
PART 9 - POWER OF ENTRY
9.1
The Town may enter a property at any reasonable time to for the purposes of
carrying out an inspection to determine whether or not the following are being
complied with:
(a) The provisions of this by-law.
(b) An order issued under this by-law.
(c) An order made under the Municipal Act, 2001, as amended.
9.2
Where an inspection is conducted by the Town, the person conducting the inspection
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.
(c)
Require information from any person concerning a matter related to the
inspection including their name, address, phone number and identification.
(d)
Alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs for the
purpose of inspection.
9.3
The Town's power of entry may be exercised by an employee, officer or agent of the
Town or by a member of a police force with jurisdiction, as well as any person under
his/her direction.
PART 10 - ENFORCEMENT
10.1
Municipal By-Law Enforcement Officers are authorized to enforce this by-law on
behalf of the Town.
PART 11 - OFFENCES
11.1
Operating Without a License
Notwithstanding, no person shall operate as a Transient Trader within the limits of
the Town unless and until a license has been obtained, as issued under the
provisions of this by-law.
11.2
Operating With an Expired License
Notwithstanding, no person shall operate under a Transient Trader License that has
expired within the limits of the Town, as issued under the provisions of this by-law.
11.3
Failure to Display License
No person shall fail to display his or her Transient Trader License in a conspicuous
place at the site or vehicle to which the license applies.
11.4
Failure to Operate under Endorsed Name
No person shall promote or carry on business under any name other than the name
endorsed upon the license, except in accordance with the provisions of this by-law.
11.5
Failure to Report Change of Information
No person shall fail to report to the Clerk every change of name, mailing address and
telephone number for Transient Trader License held, within seven (7) days of the
change.
11.6
Failure to Produce a License
No person shall fail to produce his/her license and identification upon request.
11.7
Obstruction of Clerk
No person shall obstruct the Clerk from conducting an inspection, or withhold,
destroy, conceal or refuse to supply any information or thing required for the
purposes of inspection.
11.8
Obstruction of Municipal By-Law Enforcement Officer
No person shall obstruct a Municipal By-Law Enforcement Officer from conducting
an inspection, or withhold, destroy, conceal or refuse to supply any information or
thing required for the purposes of inspection.
PART 12 - PENALITIES
12.1
Any person who contravenes any provision of this by-law shall be guilty of an offence
and shall be liable, upon conviction, to a fine for each offence in accordance with
Schedule "C" of this by-law.
12.2
Upon registering a conviction for the contravention of any provision of the by-law, in
addition to any other remedy and to any penalty imposed by the by-law, the court in
which the conviction has been entered and any court of competent jurisdiction
thereafter may make an order prohibiting the continuation or repetition of the offence
by the person convicted, pursuant to the Municipal Act, 2001, as amended.
PART 13 - REPEAL
13.1
That By-Law 60-98 be repealed in its entirety.
PART 14 - VALIDITY/SERVERABILITY
14.1
If any section, clause or provision of this by-law for any reason is declared by a Court
of competent jurisdiction to be invalid, the same shall not affect the validity of the by-
law as a whole or any part thereof, other than the section, clause or provision so
declared to be invalid and it is hereby declared to be the intention of Council that the
remaining sections, clauses or provisions of the by-law shall remain in full force and
effect until repealed, notwithstanding that one or more provisions of this by-law shall
have been declared to be invalid.
PART 15 - EFFECTIVE DATE
15.1
This by-law comes into force and takes effect immediately upon its passage thereof.
Read a first and second time this 9th day of December, 2013.
Read a third and final time this 9th day of December, 2013.
__________________________
_______________________
William A. Ringrose, Mayor
Kim R. Bulmer, Clerk
THE CORPORATION OF THE TOWN OF RENFREW
BY-LAW NO. 63-2013
SCHEDULE "A"
APPLICATION
THE CORPORATION OF THE TOWN OF RENFREW
BY-LAW NO. 63-2013
SCHEDULE "B"
FEES
1. Seasonal (April - October)
$ 300.00
3. Annual
$ 500.00
4. Addition of premises
Seasonal
$150.00
Annual
$ 250.00
7. Extension of License(s)
One (1) Week
$ 50.00
One (1) Month
$125.00
Yearly Extensions are not permitted.
THE CORPORATION OF THE TOWN OF RENFREW
BY-LAW NO. 63-2013
SCHEDULE "C"
SET FINES
Part 1, Provincial Offences Act
ITEM Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining Offense
Column 3
Set Fine
1.
Operating without a license
Section 11.1
$300
2.
Operating with an Expired
License
Section 11.2
$200
3.
Failure to display license
Section 11.3
$100
4.
Failure to Operate under
Endorsed Name
Section 11.4
$100
5.
Failure to Report Change of
Information
Section 11.5
$100
6.
Failure to Produce License
Section 11.6
$100
7.
Obstruction of Clerk
Section 11.7
$200
8.
Obstruction of By-Law
Enforcement Officer
Section 11.8
$200
Note:
The penalty provisions for the offences indicated above is
Section 12 of By-Law No. 63-2013, a certified copy which has
been filed.
Note:
The general provisions for the offenses indicated above is
Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33.
THE CORPORATION OF THE TOWN OF RENFREW
BY-LAW NO. 63-2013
SCHEDULE "D"
SAMPLE LICENSE