Business Licencing By-Law No. 128 of 2017 (Consolidated, incl. amendment 28 of 2024)
Sarnia, Ontario
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BY-LAW NUMBER 128 OF 2017
OF THE CITY OF SARNIA
(As Amended by By-Law No. 127 of 2019, 14 & 20 of 2020, 128 of 2021, 87
of 2022 & 28 of 2024)
"A By-Law to provide for the Licensing and regulation of
various businesses"
(Re: Business Licencing By-Law)
WHEREAS in paragraph 11 of subsection 11(3) of the Municipal
Act, 2001 provides that a municipality may pass by-laws respecting
Business Licensing;
AND WHEREAS pursuant to the provisions of Part IV of the
Municipal Act, 2001, as amended, a municipality may pass by-laws for
licensing, regulating and governing businesses;
AND WHEREAS the Council for the City of Sarnia considers it
necessary and desirable for the public to exercise its licensing powers
for the purposes of:
i)
Health, safety and well-being of persons; and/or
ii)
Nuisance Control; and/or
iii)
Protection of persons and property, including consumer
protection;
AND WHEREAS section 23.2 of the Municipal Act, 2001 permits
a municipality to delegate certain legislative and quasi-judicial powers;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF SARNIA ENACTS AS FOLLOWS:
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Table of Contents
CONTENTS
Part 1 - Definitions ........................................................................................................................... 3
Part 2 - General Procedures ............................................................................................................. 5
Part 3 - Adult Video Store ............................................................................................................. 15
Part 4 - Auctioneer ........................................................................................................................ 17
Part 5 - Body Piercing/Scarification/Tattooing ............................................................................. 19
Part 6 - Circus / Midway ................................................................................................................ 21
Part 7 - Commercial Cattery and Dog Kennels .............................................................................. 23
Part 8 - Eating Establishments....................................................................................................... 23
Part 9 - Master Plumber ................................................................................................................ 24
Part 10 - Pet Shops ........................................................................................................................ 26
Part 11 - Public Hall ....................................................................................................................... 28
Part 12 - Food Trucks .................................................................................................................... 29
Part 13 - Rooming or Boarding House ........................................................................................... 30
Part 14 - Salesperson ..................................................................................................................... 32
PART 15 - PAYDAY LOAN ESTABLISHMENT ................................................................................... 36
Part 16 - Salvage Yard .................................................................................................................... 39
Part 17 - Second Hand Goods ....................................................................................................... 41
Part 18 - Enforcement ................................................................................................................... 45
Schedule "A" of Business Licencing By-Law ................................................................................... 48
Schedule "B" of Business Licencing By-Law ................................................................................... 49
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PART 1 - DEFINITIONS
Definitions
1 (1) In this By-law:
"Business" means 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,
(a) trades and occupations,
(b) exhibitions, concerts, festivals and other organized
public amusements held for profit or otherwise,
(c) the sale or hire of goods or services on an intermittent
or one-time basis and the activities of a transient trader,
(d) the display of samples, patterns or specimens of goods
for the purpose of sale or hire,
but does not include:
1. A manufacturing or an industrial business, except
to the extent that it sells its products or raw material
by retail.
2. The sale of goods by wholesale.
3. The generation, exploitation, extraction,
harvesting, processing, renewal or transportation of
natural resources.
"By-Law Enforcement Officer" shall include a Police Officer and a
By-Law Enforcement Officer of The Corporation of the City of
Sarnia.
"Chief of Police" means the Chief of the Police Force of the City
of Sarnia;
"City" shall mean The Corporation of the City of Sarnia.
"Clerk" shall mean the City Clerk of The Corporation of the City
of Sarnia or a person authorized by him for the purposes of this
By-Law.
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"Council" shall mean the council of The Corporation of the City of
Sarnia.
"City Engineer" shall mean the City Engineer of The Corporation
of the City of Sarnia or a person authorized by him for the
purposes of this By-Law.
"Director of Planning & Building" shall mean the Director of
Planning & Building of The Corporation of the City of Sarnia or a
person authorized by him for the purposes of this By-Law.
"Fire Chief' shall mean the Fire Chief of The Corporation of the
City of Sarnia or a person authorized by him for the purposes of
this By-Law.
"Hotel" shall mean a building in which a minimum of 4 guest
rooms are provided for transient lodgers, and may include dining
and other public rooms, provided that each guest room may be
entered from inside or outside of the building.
"Licencee" shall include a licence holder and/or an applicant,
depending on the context.
"Licence Manager" shall be the Chief of Police, or designate, for
Second Hand Goods Licence issued under Part 17 of this by-law,
and the Clerk for all other licences issued under this by-law.
"Medical Officer of Health" shall mean the Medical Officer of
Health for the County of Lambton Community Health Services
Department or a person authorized by him for the purposes of
this By-Law.
"Owner'' shall mean the person, corporation or partnership that
carries on the Business and whose name appears on the licence
issued by The Corporation of the City of Sarnia.
"Person" shall include an individual, a partnership, and a
corporation;
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"Sarnia Police Service" means the police services supplied by the
Police Services Board for the City of Sarnia;
"Unit" shall mean a room used for sleeping within a Rooming or
Boarding House.
PART 2 - GENERAL PROCEDURES
Application & Administration
2.1 All of the regulations contained in the Part of this by-law shall
apply to all licenses required under this By-law in addition to any
other regulation contained in any other part of this by-law.
Licencing Powers of the Licence Manager
2.2
(1) Notwithstanding any other provision of this by-law, the Licence
Manager may impose terms and conditions on any licence at
issuance, renewal or any time during the term of the licence,
including special conditions, as are necessary in the opinion of the
Licence Manager to give effect to this by-law.
(2) The Licence Manager shall issue a licence or renew a licence
where the requirements or conditions of this by-law have been
fulfilled.
(3) The Licence Manager may refuse to issue, refuse to renew,
revoke, suspend a licence or impose a term or condition on a
licence under this By-Law on the following grounds:
(i) the conduct of the Applicant or Licensee, or any partner,
officer, director, employee or agent of the Applicant or
Licensee, affords reasonable cause to believe that the
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Applicant or Licensee will not carry on or engage in the
operation of the Business in accordance with the law or with
honesty or integrity;
(ii) an Applicant or Licensee is carrying on activities that are
in contravention of this by-law;
(iii) there are reasonable grounds to believe that an
application or other documents provided to the Licence
Manager by or on behalf of the Applicant or a Licensee
contains a false statement;
(iv) any information contained in the original application
form or any other information provided to the Licence
Manager, has ceased to be accurate and the Licensee has
not provided up-to-date accurate information to allow the
Licence Manager to conclude that the licence should
continue;
(v) an Applicant does not meet, at any time, one or more of
the requirements of this By-law or any conditions imposed
on a licence; or
(vi) an Applicant or Licensee is not in compliance with any
federal, provincial law or City By-law, including this By-law.
(4) Where the Licence Manager has made a decision under
subsection 2.2(3) the Licence Manager's written notice of that
decision shall be given to the Applicant or the Licensee by regular
mail to the last known address of that person and shall be deemed
to have been given on the third day after it is mailed. Service on
a corporation can be effected by regular mail to the address of the
corporation's registered head office. The notice shall set out:
a) The grounds for the decision;
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b) Reasonable particulars in support of the grounds;
c) Signature of the Licence Manager, or assigned;
(5) If the Licence Manager is satisfied that the continuation of a
Business poses an immediate danger to the health or safety of
any person or to any property, the Licence Manager may, for the
time and on such conditions as it considers appropriate, without a
hearing, suspend a licence subject to the following:
1. Before suspending the licence, the Licence Manager shall
provide the Licencee with the reasons for the suspension,
either orally or in writing, and an opportunity to respond to
them.
2. The suspension shall not exceed 14 days.
Where the danger to health or safety has not been resolved within
the suspension period, the licence shall be deemed to be revoked
and the Licencee will be required to meet all requirements for a
new licence as if applying for the first time.
(6) Where no appeal is received by the Licence Manager within
the required time period, the decision of the Licence Manager shall
be final.
(7) The Licence Manager shall revoke a licence which is voluntarily
surrendered by the holder for revocation.
Application Process
2.3 (1) Applications for licences under this By-Law:
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(a) shall be made to the Licence Manager on forms provided
by the Licence Manager;
(b) when received by the Licence Manager, will be stamped
with the date and time of receipt and processed in the order
in which they are received;
(2) Without limitation, every application for a licence or a renewal
shall include the following information:
(a) the name, municipal address, email address and
telephone number of each Applicant;
(b) if the Applicant is a partnership, the name, address and
telephone number of each partner;
(c) if the Applicant is a corporation, the address of its head
office, the name, address, email address and telephone
number of each director and officer;
(d) the municipal address of the premises in which the
Business is located;
(e) a sworn statement by the Applicant certifying the
accuracy, truthfulness and completeness of the application;
(f) if the Applicant is a partnership, a sworn statement by
each partner certifying the accuracy, truthfulness and
completeness of the application;
(g) if the Applicant is a corporation, a sworn statement by
an officer of the corporation duly authorized for that purpose
certifying the accuracy, truthfulness and completeness of
the application.
(h) On application of an initial licence for a Business with a
fixed address, a Licencee shall:
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(i) show proof of compliance with the Zoning By-Law,
as determined by the Director of Planning & Building;
and
(ii) show proof of compliance with the Fire Code, as
determined by the Sarnia Fire Chief.
(3) Every application will be subject to review by such Municipal
or Provincial Departments or agencies as the Licence Manager
deems necessary including, but not limited to, Sarnia Police
Service, County of Lambton Community Health Services
Department, Sarnia Fire Service, and the Planning and Building
Department, as applicable.
(4) Any application, comment, recommendation, information,
document or thing in the possession of the Licence Manager
pursuant to the provisions of this By-Law shall be made available
pursuant to the Municipal Freedom of Information and Protection
of Privacy Act, RSO 1990, c M.56, as amended.
(5) All licence fees are non-refundable, including if the application
is refused for any reason or is withdrawn by the applicant prior to
the issuance of a licence.
(6) Every licence that is issued for the first time, and every
renewal thereof, is subject to the following conditions of obtaining,
continuing to hold, and renewing a licence:
(a) the Licencee shall pay the applicable licence fee as set
out in the Fees for Services By-Law;
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(b) the Licencee shall allow, at any reasonable time, the City
to inspect the premises used for the Business and the
equipment, vehicles and other personal property used or
kept for hire in the carrying out of the Business;
(c) the Licencee shall ensure that the premises used for the
Business are not constructed or equipped so as to hinder
the enforcement of this By-Law;
(d) the conduct of the Licencee shall be such as to not
provide reasonable cause to believe that the applicant or
Licencee will not operate the Business in accordance with
the law or with honesty and integrity;
(e) where the Licencee is a corporation, or a partnership of
which a member is a corporation, the conduct of its officers
or directors or of a shareholder who owns or controls 10 per
cent or more of its issued and outstanding voting and non-
voting shares shall not provide reasonable cause to believe
that the applicant or Licencee will not operate the Business
in accordance with the law or with honesty and integrity;
(f) in addition to the licence fee, a late fee shall apply after
March 31 and again after September 1 as set out in the Fees
for Services By-Law. Where a Business operates in a
particular year, or part thereof, and does not obtain a
licence, the fee owing for that unlicensed year shall be
added to the next year's licence.
Appeal Process
2.4 (1) Council shall hear appeals of the decision of the Licence
Manager made under subsection 2.2(3) for all licences under this
by-law.
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(2) Council shall make the final decisions on appeal with respect
to the decision to issue, refuse to issue, refuse to renew, revoke,
suspend a licence or impose a term or condition on a licence under
this By-Law.
(3) Within 20 days of the written notice being mailed of the
Licence Manager's decision regarding their decision under section
2.2(3), an applicant may appeal the decision to Council by way of
written correspondence.
(4) Where the Licence Manager receives a written request for an
appeal, the Clerk shall schedule an appeal hearing with Council
and issue a notice of the hearing which shall:
(a) contain the reason for the proposed refusal, suspension,
or revocation;
(b) specify the time, place and purpose of the hearing of
Council which the proposed refusal, suspension or
revocation will be considered;
(c) inform the Licencee that he and/or his agent is entitled
to attend the hearing and make submissions regarding the
proposal and that, in his absence Council may proceed to
consider the proposal, and the Licencee shall not be entitled
to any further notice in the proceeding
(d) give a minimum of 20 days' notice to the Licencee and
to such other persons as appear to have an interest in the
recommendation.
(5) At the appeal hearing of Council:
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(a) shall allow the Licencee and/or his agent an opportunity
of making submissions in respect of the matter before
Council and shall have regard to all other rules of natural
justice;
(b) may allow any other interested person to make
submissions;
(c) may close a portion of the hearing at any time to the
public, including the Licencee for the purpose of receiving
legal advice;
(d) shall give due consideration to the submissions made to
it;
(e) shall take such action issue, refuse to issue, refuse to
renew, revoke, suspend a licence or impose a term or
condition on a licence; and
(f) shall give written notice of its decision within 15 days of
the hearing to the Licencee, together with the reasons for
its decision.
(6) At the appeal hearing Council may affirm or rescind the
decision or take any other action in accordance with this by-law
or the Municipal Act, 2001, SO 2001, as amended, including
substituting their opinion as necessary his or her opinion for that
of the official, agency or inspector
General Licence Parameters
2.5 (1) Every licence remains the property of the City and is valid only
in respect of the person, the premises, and for the nature of
business stated therein, and no licence may be encumbered, sold,
purchased, leased, mortgaged, charged, assigned, pledged,
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transferred, seized, distrained or otherwise dealt with, without
written permission from the City.
(2) The licence may be transferred through City Hall for the fee
outlined in the Fees for Services By-Law, provided the business
name has not changed and the Business has not been closed.
(3) The issuance or renewal of a licence is not intended and shall
not be construed as permission by the City for the holder of the
licence to contravene any other By-Law or provincial or federal
law.
(4) A licence issued under the provisions of this By-Law shall be
valid only for the current year and shall expire on December 31,
at 11:59 p.m.
(5) Every licence, at all times, is valid only in respect of the person
and the premises or of the person named therein and for the
Business stated therein. A separate licence shall be required for
each Business location
(6) The Licensee shall notify the Licence Manager of any change
in their name, Business or home address or any other information
relating to their licence within six (6) days after such change and
if necessary, as determined by the Licence Manager, shall
immediately return his Licence to the Licence Manager for
amendment.
(7) Upon acquiring a licence, a person shall:
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(a) with respect to a premises, display the licence in a
conspicuous place in the premises; or
(b) with respect to a vehicle, display the licence in a
conspicuous place in the vehicle; or
(c) with respect to an individual, maintain the licence on
their person while conducting the activity for which the
licence was issued;
(8) Notwithstanding any other provision of this By-Law, any
vendor selling products at special events only and not at any other
location in the City, and who has paid the appropriate fees under
the "City of Sarnia Special Events Policy" shall be exempt from the
requirement to obtain a licence under the provisions of this By-
law.
Prohibitions
2.6 (1) No person holding a licence issued pursuant to this by-law
shall fail to:
(a) With respect to premises, display the licence in a
conspicuous place in or on the said premises; or
(b) With respect to a vehicle, display the licence in a
conspicuous place in or on the said vehicle; or
(c) With respect to an individual, maintain the licence on
their person while conducting the activity for which the
licence was issued.
(2) No person shall hold themselves to be licensed under this by-
law if they are not.
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(3) No person shall fail to keep any and all of the records required
to be kept under the provisions of this by-law.
(4) No person shall operate a Business listed in Parts 3 through
17 without a licence.
(5) No Licencee shall fail to maintain, on a continuous basis, the
standards and requirements which were necessary to obtain the
original approval of the licence application, or have been imposed
since the issuance of the licence.
(6) No person shall hinder or obstruct, or attempt to hinder or
obstruct, any person who is exercising a power or performing a
duty under this by-law, including carrying out an inspection.
General Enforcement
2.7 This by-law may be enforced by a municipal law enforcement
officer appointed by the Council or a police officer with the City of
Sarnia Police Services.
PART 3 - ADULT VIDEO STORE
Definitions
3.1 In this part the following definitions apply
"Adult Video Store" means any premises where adult videos are
provided in the pursuance of a Business where the adult video
display occupies an area greater than 10% of the total video
display.
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"Adult video" shall mean any video cassette or disc appealing to
or designed to appeal to erotic or sexual appetites through the
portrayal or depiction on its cover or container by means of
photographs, drawings or otherwise of:
(a) one or more of the specified body areas of any person
or persons; or
(b) one or more of the specified acts whether actual or
simulated.
"Specified acts" shall mean sexual intercourse, cunnilingus,
fellatio, buggery, bestiality, masturbation, urination or defecation,
or the bonding, flagellation, mutilation, maiming or murder of one
or more human beings.
"Specified body areas" shall mean:
(a) in the case of a female, the nipples and areolae; and
(b) in the case of all persons, the pubic, perineal and
perianal areas and the buttocks.
"To provide", when used in relating to any adult video cassette or
disc, shall mean to rent, offer to rent, sell, offer to sell or display
by retail or otherwise such video cassette or disc and "providing"
and "provided" have corresponding meanings.
Prohibitions
3.2
No Licencee shall allow a person under the age of 18 to enter or
remain in an Adult Video Store.
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3.3 No person shall use any sign, advertising or advertising device,
including any printed matter, outside the premises for the purpose
of promoting the store, or any photograph, drawing, or other
artistic rendering appealing to erotic or sexual appetites.
Number of Licences Authorized- Limited Number
3.4 The number of licences authorized for an Adult Video Store within
the City is limited at any time to three. A Licencee cannot hold
more than two Adult Video Store licences at a time. Current
licence holders shall have a right of renewal up to and including
March 31 of each year. Effective April 1 of each year licences will
be issued on a first come first served basis.
PART 4 - AUCTIONEER
Definition
4.1 In this Part:
"Auctioneer" shall mean a person selling, or putting up for sale,
goods or services by public auction.
Exemption - From Licence Requirement
4.2 A licence under this By-Law is not necessary for:
(a) a sheriff or bailiff offering for sale goods or chattels
seized under a writ of execution or distained for rent;
(b) a sale of land by auction; and
(c) any person who intends to sell, or put up for sale, goods,
wares, merchandise or effects by public auction, if such
person has engaged the services of a licenced Auctioneer to
conduct the sale.
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Licence Requirements
4.3 Prior to obtaining a licence a Licencee shall:
(a) provide a clear criminal record check showing no
unpardoned offences.
Auctioneer- Licence Requirements
4.4 Every Auctioneer shall:
(a) exhibit in a conspicuous manner its name and Business as
Auctioneer;
(b) keep proper books of account of the Business transacted by
him as an Auctioneer, which books shall give the names and
addresses of persons depositing goods with him for sale, the
description of such goods, the price at which the same may be
sold, and the names and addresses of the persons purchasing
such goods, or any portion thereof, and shall forthwith after the
sale of such goods, or any portion thereof, account for the
proceeds and pay the same to the person entitled to such
proceeds less his proper and legal commissions and charges, and
return such goods to the person or persons entitled to receive the
same on proper demand being made therefore, provided that
nothing contained in this clause shall affect the claim of any
Auctioneer for goods warehoused with him and on which he shall
have made advances;
(c) state their Municipal Licence Number in all advertisements;
and
(d) make available all books during Business hours for inspection
by a By-Law Enforcement Officer.
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Prohibitions
4.5 No Auctioneer shall:
(a) conduct or permit to be carried on in his premises any mock
auction;
(b) knowingly make or permit to be made any misrepresentation
as to the quality or value of any goods, wares or merchandise
which may be offered for sale by him;
(c) sell or put up for sale by auction, any goods, wares or
merchandise on a reserve bid basis without first having announced
clearly to those in attendance at the auction the fact of such
reserve bid;
(d) conduct any sale on the streets of the City; or
(e) use any sound equipment, loud-speaker, or similar device
emitting sound impacting upon a highway or adjacent lands.
PART 5 - BODY PIERCING/SCARIFICATION/TATTOOING
Definitions
5.1 In this Part:
"Body Piercing" means the practice of inserting ornaments
or other items not required for medical purposes into human
tissue, excluding the ear, with a needle or other implement.
"Body Piercing Business" means any premises or part of a
premises where body piercing is practiced.
"Scarification" means the practice of cutting or abrading
human skin to bring about permanent scarring and includes
the placement of implants not required for medical purposes
beneath the skin.
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"Tattoo" means the practice of permanently depositing
pigments not required for medical purposes into human skin
by the use of a needle or other implement.
"Tattoo/Scarification Business" means any premises or part
of a premises where tattooing or scarification is practiced.
Prohibition - Under 18 Years of Age
5.2
No person shall offer any services to a person who appears to be
under the age of 18 years, without the written authority of one of
the parents or the guardian of such person.
Prohibition - Communicable Disease- Employee
5.3
No
holder
of
a
Body
Piercing
Business
licence
or
Tattoo/Scarification Business licence shall employ any person or
permit any person to do any body piercing or tattoo-scarification
who has a communicable disease which, in the opinion of the
Medical Officer of Health, is injurious, or likely to be injurious, to
the health of any person.
Prohibition - Communicable Disease -Customer
5.4
No
holder
of
a
Body
Piercing
Business
licence
or
Tattoo/Scarification Business licence shall permit any person to do
any body piercing or tattoo/scarification on any person who has a
communicable disease which, in the opinion of the Medical Officer
of Health, is injurious, or likely to be injurious, to the health of any
person.
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Premises- Clean and Sanitary Condition
5.5
Every
holder
of
a
Body
Piercing
Business
licence
or
Tattoo/Scarification Business licence shall keep the Body Piercing
Business or Tattoo/Scarification Business in a clean and sanitary
condition to the satisfaction of the Medical Officer of Health.
Licence Requirements
5.6
Prior to obtaining a licence a Licencee shall:
(a) show proof of compliance with a health inspection, as
determined by the Medical Officer of Health; and
(b) proof of commercial general liability insurance in the
amount
of
not
less
than
Two
Million
Dollars
($2,000,000.00).
Renewal Licence Requirements
5.7
Prior to obtaining a renewal of a licence a Licencee shall:
(a) Show proof of compliance with a health inspection, as
determined by the Medical Officer of Health; and
(b) Proof of Commercial General Liability insurance in the
amount
of
not
less
than
Two
Million
Dollars
($2,000,000.00).
PART 6 - CIRCUS / MIDWAY
Definitions
6.1 In this Part:
"Circus" shall mean a traveling variety show including feats
of physical skill, or performances by jugglers, acrobats,
trained animals, or clowns; and
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"Midway" shall mean a traveling entertainment facility
featuring rides of amusement, games and other forms of
amusements.
Licence Requirements
6.2 Prior to obtaining a licence a Licencee shall:
(a) Where the Circus or Midway includes rides or like
contrivances:
(i) show a licence to carry on Business in Ontario
issued by the Technical Standards & Safety Authority,
and
(ii) show an Ontario Amusement Device Permit issued
by the Technical Standards and Safety Authority, for
each ride;
(b) Where the Circus or Midway is to be held on private
property:
(i) show written permission from the landowner of the
lands being used;
(ii) show a sketch detailing the location of the Circus
or Midway on the property; and
(iii) show proof of commercial general liability
insurance of not less than $5,000,000.00 coverage
per incident; and
(c) Where the Circus or Midway is to be held on City
property:
(i) show an agreement signed by the Community
Services Department;
(ii) show an Indemnification Agreement obtained from
the Legal Department; and
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(iii) show proof of commercial general liability
insurance of not less than $5,000,000.00 coverage
per incident and listing the City as an additional
insured.
Licence- Valid
6.3 A licence issued under this Part shall be valid for the period of time
stipulated in the written permission from the private property
owner or the City, up to a maximum of fifteen (15) days.
PART 7 - COMMERCIAL CATTERY AND DOG KENNELS
Definitions
7.1 In this Part:
"Cattery" or "Kennel" shall mean an establishment in which
three or more cats and/or dogs, not belonging to the
occupant, are housed, boarded or bred, in return for
consideration.
PART 8 - EATING ESTABLISHMENTS
Definitions
8.1 In this Part:
"Eating Establishment" shall mean a place, or part of a
place, where food is prepared on site and offered for sale to
the public for consumption either on or off the premises.
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PART 9 - MASTER PLUMBER
Definitions
9.1 In this Part:
"Master Plumber'' shall mean a person who is skilled in the
planning,
supervising
and
installation
of
plumbing,
according to the rules and regulations governing plumbing,
and who has a regular place of Business in Ontario.
"Plumbing" shall include:
(a) a system of connected piping, fittings, valves and
appurtenances that receives water from a private
source of water supply or from a public water main
and conveys the water into and within a building or to
a place of use on a property;
(b) fixtures and fixture trim;
(c) drainage piping, including all traps, fittings and
appurtenances, within a building;
(d) storm drainage piping within a building; and
(e) a venting system, including all fittings and
appurtenances.
"plumbing work" shall mean plumbing which is performed
by a person to premises other than his own, and in the case
of an employee, to premises other than that owned by the
employer, but does not include the replacement of a hot
water heater.
Exceptions
9.2
The provisions of this By-Law shall not apply to:
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(a) the installing or changing of washers in faucets or in
other fixtures;
(b) work performed on any underground transmission line
for warm air, steam, gas, oil, oxygen, or other fluid by the
owner thereof, or his regular employees under competent
direction and supervision; or
(c) work performed on or under any City property or
building, street, square, footway or right-of-way by or under
the supervision of the City Engineer.
Licence and Renewal Requirements
9.3
Prior to obtaining a licence a Licencee shall provide:
(a) proof of current certification as a Plumber as issued by
the Ministry of Trade and Development under the Trades
Qualification and Apprenticeship Act;
(b) a mailing and municipal address of the permanent or
regular place of Business in the Province of Ontario;
(c) Proof of commercial general liability insurance in the
amount
of
not
less
than
Two
Million
Dollars
($2,000,000.00);
(d) proof that the applicant for the licence or renewal has a
current Certificate of Clearance as provided by the
Workplace Safety and Insurance Board at the time of
application where applicable.
Supervision- Plumbing Contractor
9.4
(a) a Master Plumber shall notify the City forthwith upon ceasing
to act as a Master Plumber for one Plumbing Contractor and upon
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commencing to act as a Master Plumber for another Plumbing
Contractor; and
(b) no person licenced as a Master Plumber shall be in the employ
of more than one Plumbing Contractor at any one time.
Operate- Licenced Business Only
9.5
No person licenced to carry on Business under this By-Law shall
advertise or promote or carry on such Business under any name
other than the name endorsed upon his licence.
PART 10 - PET SHOPS
Definitions
10.1 In this Part:
"Pet Shop" means a premises where dogs or cats for use as
pets are sold or kept for sale, but does not include the Sarnia
&District Humane Society.
Licence General Requirements
10.2 Every Pet Shop shall comply with the following requirements in
the operation of the pet shop:
(a) the pet shop shall be maintained at all times in a
sanitary, well-ventilated, clean condition, heated and free
from offensive odours; and
(b) whenever a Pet Shop sells or otherwise disposes of a
dog or cat, he or she shall give to the purchaser a receipt
showing the name and address of the vendor and the
purchaser, the date of the sale, the sale price, and the breed
or cross-breed, sex, age and description, including colour
and placing of markings, if any, of the dog or cat, and an
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up-to-date certificate of health from a veterinarian with
respect to such dog or cat. Copies of all dog and cat sales
are to be submitted to City Hall, Animal Control on a
monthly basis.
Licence Register Requirements
10.3 (a) Every Pet Shop shall keep a register in which shall be entered
in the English language, written in ink, in a plain, legible hand or
typed, a record of each dog or cat purchased or otherwise
obtained. Each entry shall be made at the time each dog or cat
comes into such Pet Shop's possession, and shall include, in
addition to the date of purchase, a full description of the dog or
cat, together with the name, address and description of the person
from whom it was purchased or otherwise obtained. The Pet Shop
shall retain the register in respect of each such transaction for the
period of 12 months thereafter.
(b) Every Pet Shop shall ensure that the aforesaid register is not
mutilated or destroyed and shall keep it open to inspection by the
City Licence Manager at all times during business hours and shall
make it available to be removed at any time for inspection or for
use in the courts, if necessary. The Pet Shop shall not be
responsible for neglecting to make the necessary entries in the
said register while it is removed from his or her premises for this
reason.
Open for Inspection
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10.4 The Sarnia & District Humane Society or its designate, the City
Licence Manager and any other person authorized by the City
Licence Manager may inspect any Pet Shop.
PART 11 - PUBLIC HALL
Definitions
11.1 In this Part:
"Public Hall" shall mean a building, including a portable
building or tent, with seating capacity for over one hundred
persons, that is offered, or is used, as a place of public
assembly, and includes a theatre and bingo hall, but does
not include a building owned by a board of education or
municipality and does not include a building used solely for
religious assembly.
Licence Requirements
11.2 Prior to obtaining a licence a Licencee shall:
(a) show proof of compliance with the Electrical Safety
Code, as determined by an authorized inspector, which
certificate, may be dated anytime within the previous three
(3) years of the date of application.
Maximum Capacity- Prohibited to Exceed
11.3 No owner, lessee, Licencee, or occupant of a public hall shall allow
a greater number of persons to enter or remain in the hall at any
one time than is stated to be the maximum capacity of the hall on
the licence as determined by the Fire Chief.
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BLW 28/24
PART 12 - FOOD TRUCKS
Definitions
12.1 In this Part:
"Food Truck" shall mean any vehicle, whether motorized or
manually propelled, from which refreshment and/or food are
sold for public consumption, including carts, wagons, trailers,
and motor vehicles.
Food Truck Licence - Separate - Each Vehicle
12.2 Each Food Truck requires a separate licence.
Food Truck Licence - Exemptions
12.3 A Food Truck shall be exempt from the requirement to obtain a
separate licence for each business location under section 2.5(5)
of this By-Law.
Licence Requirements
12.4 Prior to obtaining a licence, a Licencee shall:
(a) show proof of $2,000,000.00 commercial general
liability insurance coverage with respect to their Food
Truck operations;
(b) obtain a letter of permission from the owner of private
property where the Food Truck is to be situated;
(c) where applicable, show proof of compliance with all
propane safety requirements as determined by a certified
inspector in accordance with the Technical Standards and
Safety Authority;
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Operator- Responsibility- Matters - Prohibited
12.5 No person shall:
(a) operate a Food Truck on City property unless approved
by the City;
(b) operate a Food Truck without the vehicle having the
name of the Licencee displayed on two sides thereof in
letters at least 10 centimetres (4") in height.
Equipment- Disposal Dispenser
12.6 The refreshment vehicle shall be equipped with:
(a) a container with a self-closing lid which shall be kept at
all times in a clean and sanitary condition and emptied at
least once daily; or
(b) a disposable litter container which shall be replaced
daily."
PART 13 - ROOMING OR BOARDING HOUSE
Definitions
13.1 In this Part:
"Lodger" shall mean any person who pays consideration to
a
Rooming
or
Boarding
House
keeper
for
living
accommodations in which kitchen or washroom facilities are
shared with other persons.
"Rooming or Boarding House" shall mean a dwelling where
3 or more persons are accommodated for gain without
separate cooking and washroom facilities, for not less than
a week, and shall include a fraternity or sorority house, but
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shall not include a hotel, motel, hostel, hospital or nursing
home if licenced, approved or supervised under any general
or special Act other than the Municipal Act, or a residence
of an educational institution.
Licence Requirements
13.2 Prior to obtaining a licence a Licencee shall:
(a) Indicate the number of Units available for occupancy by
Lodgers.
Renewal Licence Requirements
13.3 Prior to obtaining a licence a Licencee shall:
(a) show proof of compliance with the Fire Code, as
determined by the Sarnia Fire Chief; and
(b) indicate the number of Units available for occupancy by
Lodgers.
Prohibition - Failure to Comply
13.4 No person operating a Rooming or Boarding House shall:
(a) allow more rooming or boarding Units than the number
for which the premises are licenced;
(b) allow occupancy by more Lodgers than the number of
Units for which the premises are licenced; or
(c) fail to keep and maintain a register of all resident
Lodgers.
Prohibition - Sleeping Purposes
13.5 No person shall permit any Lodger to occupy for sleeping purposes
any space in a building used as a lobby, hallway, closet, bathroom,
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stairway, kitchen, nor any room having a floor space of less than
eighty (80) square feet nor any room the floor of which is more
than four (4) feet below the finished grade of the land adjoining
the premises.
PART 14 - SALESPERSON
Definitions
14.1 In this Part:
"Resident" shall mean a person whose principal residence is
in the City, or who operates a Business in a building which
is subject to property tax in the City, for at least six months
of the year.
"Non-Resident" shall mean a person who is not a resident.
"Salesperson" shall mean a natural person which sells, or
offers for sale, goods or services at a temporary location, or
who goes from place to place, or door to door, or who carries
and displays samples, patterns or specimens of any goods
or services for which orders are taken.
"Local Retailer" shall mean any person which provides for
the selling or offering for sale of goods or services at a
building or structure located within the City which is subject
to property tax in the City.
"Registered Charitable Organization" shall mean any charity
that is registered with Canada Revenue Agency and has a
registered charity number.
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Licence - Length of Time
14.2 A Salesperson licence can be obtained for:
(a) Yearly- 1 year,
(b) Seasonal- three (3) consecutive months, or
(c) Daily- three (3) consecutive days.
Fees
14.3 A different licence fee shall apply for a resident salesperson versus
a nonresident salesperson, as outlined in the Fees For Services
Bylaw.
Licence -Times
14.4 No person shall engage in the Business of a Salesperson before
9:00 a.m. or after 9:00 p.m.
Prohibition - Signage
14.5 No Salesperson shall erect signs or display goods on any public
property including any public road allowance.
Prohibition - Private Property
14.6 No person shall allow a Salesperson to operate on their property
unless the Salesperson is licenced.
Prohibition - Municipal Property- Permit- City
14.7 No person shall operate as a Salesperson on Municipal property
without written permission from the City.
Exemption from Licence
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14.8 The following natural persons shall be exempt from obtaining a
Salesperson licence for Business conducted on behalf of:
(a) a registered charity and not-for-profit organizations;
(b) local retailers shall be allowed one temporary location,
in addition to their permanent location, provided that the
goods or services offered for sale at the temporary location
are the same goods or services offered for sale at their
permanent location for at least three (3) months prior to
their obtaining the temporary location;
(c) resident farmers who sell goods that have been grown
or produced by them;
(d) goods sold at a Special Event as defined by City Policy
and for which a Special Events Permit has been obtained;
and
(e) part time salespersons through "home parties".
Licence - Posted- in Possession
14.9 Every person obtaining a licence which applies to a premises or a
vehicle shall:
(a) keep the licence posted up in a conspicuous place in such
premises or vehicle and the said licence shall remain so
posted as long as it is in force.
(b) salespersons, door to door Businesses, trades and
callings, and any other person obtaining a licence which is
personal to the individual, rather than a premises, shall have
such licence in his possession at all times and shall produce
same to anyone who requests him to do so.
(c)
state
their
Municipal
Licence
Number
in
all
advertisements.
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Licence Requirements
14.10 Prior to obtaining a licence a Licencee shall:
(a) show proof of permission from the property owner, if
applicable; and
(b) provide a clear criminal record check showing no
unpardoned offences; only if selling door-to-door.
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BLW 20/20
PART 15 - PAYDAY LOAN ESTABLISHMENT
Definitions
15.1 As used in this Part:
"Operator" shall mean the operator of a payday loan
establishment;
"Payday Loan Establishment" shall mean any premises or
any part of them in respect of which a licensee within the
meaning of the Payday Loans Act, 2008, S.O. 2008 c. 9 may
operate a business pursuant to a licence issued under that
Act.
Licence Requirements
15.2 No person shall act as a lender or loan broker, as defined in the
Payday Loans Act, 2008 unless they hold a valid licence as a lender
or a loan broker under the Payday Loans Act, 2008 and a valid
licence under this by-law.
15.3 No person, except a person who holds a valid licence as a lender
or a loan broker under the Payday Loans Act, 2008 as of May 1,
2018, may be licensed under this by-law.
15.4 Every person who holds a valid licence as a lender or a loan broker
under the Payday Loans Act, 2008 as of May 1, 2018 shall be
required to obtain a licence under this by-law.
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15.5 A Person or entity who wishes to apply for a licence shall supply
the following:
(a)
The name of the Applicant in who's name the licence
shall be issued;
(b)
All
business
addresses
and
relevant
contact
information as may be required by the City;
(c)
Proof of a valid licence issued under the Payday Loans
Act, 2008, including the applicable licence number;
(d)
Confirmation
from
the
Director
of
Community
Development Services and Standards that the use is
permitted in accordance with City's Zoning By-Law;
(e)
A clear criminal record check showing no unpardoned
offences; and
(f)
Proof of commercial general liability insurance in the
amount
of
not
less
than
Two
Million
Dollars
($2,000,000.00).
15.6 Every Payday Loan Establishment operator shall have a separate
Licence for each Payday Loan Establishment Location.
15.7 An operator shall:
(a)
Inform the City immediately if the licensee's licence
under the Payday Loans Act, 2008 is suspended, ceases to
be valid, is revoked or expires; and
(b)
Operate only at the location(s) authorized by the
licence issued under the Payday Loans Act, 2008 and this
by-law.
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15.8 If an operator's licence under the Payday Loans Act, 2008 is
suspended, ceases to be valid, is revoked or expires, the licence
issued under this by-law shall be immediately suspended for the
entirety of the period that the licence under the Payday Loans Act,
2008 is suspended, ceases to be valid, is revoked or expires.
15.9 No new Licence shall be issued for a Payday Loan Establishment if
the proposed site is located within 500 metres of an existing
Payday Loan Establishment that is properly licensed.
Number of Licences
15.10 The number of licences that can be issued and outstanding within
the City of Sarnia for Payday Loan Establishments at any time is
limited to seven (7).
15.11 Notwithstanding subsections 15.4 and 15.5 of this By-Law, any
Payday Loan Establishment existing on February 10, 2020 may
continue to operate in the same location provided:
(a)
The operator had a current and valid Licence on
February 10, 2020;
(b)
The operator obtains a Payday Loan Establishment
Licence by June 1, 2020;
(c)
The business is operated continuously as a Payday
Loan Establishment;
(d)
The business is, at all times, operated in compliance
with this By-Law and all applicable municipal, provincial and
federal laws; and
(e)
The Payday Loan Establishment Licence is renewed
annually.
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15.12 The Payday Loan Establishments at the following locations are
deemed to be existing on February 10, 2020 for the purposes of
section 15.6 of this By-Law:
(a)
286 Christina St. N.
(b)
1137 Confederation Street
(c)
559 Exmouth Street
(d)
450 Exmouth Street
(e)
889 Exmouth Street (x2)
(f)
1200 London Road
(g)
1248 London Road
(h)
1273 London Road
Requirements of the Permit
15.13 An operator shall ensure that each person who attends at their
payday loan establishment is given, immediately on expressing an
interest in a loan, credit counselling information that has been
approved in advance by the City.
PART 16 - SALVAGE YARD
Definitions
16.1 In this Part:
"Salvage Business" means salvage shops and salvage yards,
including an automobile wrecking yard or premises;
Licence Requirements
16.2 Prior to obtaining a licence, to be known as a "Salvage Licence",
the owner or keeper of every Salvage Business shall:
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(a) cause any open salvage yard to be enclosed with an
eight foot (8') minimum chain link fence, and any such fence
shall be in accordance with the minimum specifications set
forth in Schedule "A" to this By-Law, except that with
respect to the sides of a salvage yard which abut a public
street, a solid type offence of wood or other material shall
be erected in accordance with the minimum specifications
and subject to the conditions set forth in Schedule "B" of
this By-Law;
(b) not pile or store, or permit to be piled or stored, therein
any materials higher than 15 feet;
(c) show proof of compliance with the Zoning By-Law, as
determined by the Director of Planning & Building;
(d) apply for a separate licence shall be required in respect
to each and every shop, store or other place used for the
transaction of Business or for taking in or storing goods
purchased or otherwise obtained under any licence required
by this By-Law;
(e) list the name and residence of all members of the
partnership, if the Business licensed under this By-Law is
carried on by a partnership.
Prohibition - No Purchase from Minors
16.3 No person licensed under this By-Law shall purchase, take in
exchange or receive any goods, articles or thing from any person
who is under the age of eighteen years.
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PART 17 - SECOND HAND GOODS
Definitions
17.1 In this Part:
"Second-hand Goods" means any article taken from the
owner for resale, and includes:
i)
waste paper, rags, bottles, bicycles, automobile tires,
old metal and other scrap material and salvage;
ii)
jewelry, antiques and collectables;
iii)
household furniture and appliances, electronic goods
and office equipment; and
iv)
old gold and other precious metals and old jewelry or
any other articles acquired for the purpose of smelting the
same and recovering the gold therefrom;
"Second-hand Goods Business" means second-hand goods
shops and dealers in second-hand goods, including persons
who go from house to house or along highways to collect,
purchase or obtain second-hand goods;
"Second-Hand
Dealers'
Register"
are
forms/template
supplied by the City of Sarnia;
Licence Requirements
17.2 Prior to obtaining "Second-hand Dealer's Licence", the applicant
shall:
(a) apply for a separate licence shall be required in respect
to each and every shop, store or other place used for the
transaction of Business or for taking in or storing goods
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purchased or otherwise obtained under any licence required
by this By-Law; and
(b) provide a clear criminal record check showing no
unpardoned offences.
Prohibitions
17.3 No person with a Second-hand Dealer's Licence shall:
(a) purchase, take in exchange or receive any goods, articles
or thing from any person who is under the age of eighteen
years;
(b) shall alter, repair dispose of, or in any way part with
second-hand goods purchased or taken in exchange until after
the expiration of thirty (30) clear days, exclusive of Sundays
and holidays, from the date of purchase or exchange, and
during these thirty (30) days the secondhand goods so
obtained shall remain on the premises in respect to which the
licence is issued and be kept in a separate location from goods
previously purchased, and shall be subject to inspection at any
time during the Business hours by any By-Law Enforcement
Officer, who may be accompanied by such other persons as in
his judgment may be necessary for the identification of goods
reported or suspected of having been stolen; and
(c) pass from house to house or along any private street or
lane or public highway in the City of Sarnia for the purpose of
collecting, purchasing or obtaining Second-hand Goods
between 6:00 p.m. on any day and 7:00 a.m. on the next
following day.
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BLW 127/19
17.3(1) Notwithstanding Section 17.3(b), a person holding a Second-hand
Dealer's License may sell or dispose of scrap metal, other than
precious metals and jewelry, with no holding period.
Duty to Report
17.4 Every person holding a Second-Hand Dealer's Licence, or any
person acting agent of any such person, shall report promptly to
the Sarnia Police Service any information he obtains which causes
him to suspect that goods or articles offered to him are stolen or
otherwise unlawfully obtained, together with particulars of any
article with an altered, obliterated, removed or otherwise
indistinguishable serial number.
Record Keeping
17.5 Every person holding a Second-hand Dealer's Licence under this
By-Law shall:
(a) clearly record on the Second-Hand Dealers' Register all
second-hand goods purchased or taken in exchange. The
entry must be made at the time of purchase or immediately
thereafter, and shall include, in addition to the date and
hour of purchase, a full description of the article or articles,
the make, model and serial numbers, the price paid
therefor, and the name, address and particulars of
identification produced of the person from whom the
purchase was made.
(b) ensure that the Second-Hand Dealers' Register is not
modified, mutilated or other otherwise destroyed.
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(c) present the Second-Hand Dealers' Register for
inspection to any By-Law Enforcement Officer at all times
during Business hours.
(d) transmit by facsimile, or deliver, or cause to be delivered
to the office of the Chief of Police, not later than noon of
each Business day, including Saturday, a true copy of every
Second-Hand Dealers' Register form used in the preceding
business day, and shall retain on the premises the original
of the said form.
Register Ownership and Inspection
17.6 The said Second-Hand Dealers' Register form shall remain the
property of the City.
Exemptions
17.7 Notwithstanding any other provisions in this part, no licence shall
be required by:
(a) a registered charity or not-for-profit organizations,
including natural persons conducting business on behalf of
a registered charity or not-for-profit organizations;
(b) to a person whose primary Business is in the sale of new
goods or merchandise and who purchases, sells, exchanges
or deals in second-hand goods only to the extent of
purchasing traded-in articles the value of which is applied
against the purchase price of new goods and who
subsequently resells such traded-in articles.
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PART 18 - ENFORCEMENT
Fine - for contravention
18.1 Every person who contravenes a Part of this by-law, and every
director or officer of a corporation who concurs in such
contravention by the corporation, is guilty of an offence and on
conviction is liable to a fine not exceeding $25,000.
Fine - for contravention - corporation
18.2 Where a corporation is convicted of an offence under subsection
20.1 or 20.2 of this by-law, the maximum penalty that may be
imposed on the corporation is $50,000, and not as provided in
those subsections.
Premises closed - operating without licence - two years
18.3 Where an owner is convicted of knowingly carrying on or engaging
in a trade, business or occupation on, in or in respect of any
premises or any part of any premises without a licence required
by this by-law, the court may order that the premises or part of
the premises be closed to any use for any period not exceeding
two years.
Premises closed - other contraventions - two years
18.4 Where a person is convicted of a contravention of this by-law,
other than carrying on or engaging in a trade, business or
occupation without a licence so to do, and the court determines
that the owner or occupant of the premises or part thereof in
respect of which the conviction was made knew or ought to have
known of the conduct which formed the subject matter of the
conviction or of any pattern of similar conduct, the court may
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order that the premises or part thereof be closed to any use for a
period not exceeding two years.
Continuation - Prohibition order
18.5 If this by-law is contravened and a conviction entered, in addition
to any other remedy and to any penalty imposed by this by-law,
the court in which the conviction has been entered and any court
of competent jurisdiction thereafter may make an order;
(a) Prohibiting the continuation or repetition of the offence
by the person convicted; and;
(b) Requiring the person convicted to correct the
contravention in the manner and within the period that the
court considers appropriate.
Integrity of by-law - severability
18.6 Notwithstanding that any Part or Parts, section or sections of this
by-law, a part or parts thereof, may be found by any court of law
to be bad or illegal or beyond the power of the Council to enact,
such Part or Parts, section or sections or a part or parts thereof
shall be deemed to be severable, and all other sections of this by-
law, or parts thereof, are separate and independent therefrom and
enacted as such.
Conflicts
18.7 With the exception of section 16.2(a), if there is a conflict between
a provision in this by-law, the Municipal Act, 2001, SO 2001, c 25,
as amended, and a provision of any other Act authorizing a
municipality to license a Business, the provision that is less
restrictive of the City's power prevails.
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Time
18.8 All days stated within this By-Law shall be calendar days. Where
the time for doing an act ends on a day that the Licence Manager's
office is not open, the act may be completed on the next day that
the Licence Manager's office is open.
Effective Date
18.9 This By-Law comes into force and effect January 1, 2018.
Repeals
18.10 Bylaw 127 of 2011 of the City of Sarnia is repealed.
Short title
18.11 The short title of this by-law is the "Business Licencing By-Law".
By-Law Read a First, Second and Third time this 20 day of
November, 2017.
"Dave Boushy"
______________________________
Dave Boushy
Acting Mayor
"Dianne Gould-Brown"
______________________________
Dianne Gould-Brown
City Clerk
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SCHEDULE "A" OF BUSINESS LICENCING BY-LAW
Height:
8 foot minimum
Fabric:
Number 9 gauge with 2 inch steel mesh, hot dip
galvanized after fabrication
Line Posts:
2-3/8 inch O.D. galvanized steel pipe
Lost Spacing:
Not over 10 feet
Top Bail:
1-11/16 inch O.D. steel pipe or high carbon
tubing hot galvanized
End,
gate
and
corner posts:
3-1/2 inch O.D. galvanized steel pipe
Braces
1-11/16 inch O.D. galvanized steel
Miscellaneous
-clamps,
bolts,
tension
bars,
bands
and
couplings to be steel hot dip galvanized
-hinges, latches, turnbuckles to be of malleable
iron hot dip galvanized
Barbed wire, where used, shall be placed six (6) feet or more above
grade and if used on an outrigger arm shall not overhang City property.
Maintenance
- Fences shall be maintained in a bright neat
condition. Rust spots, when they appear, shall be
painted with aluminum paint.
- Materials shall not be piled too close to a fence as
to cause the fence to lean or to damage galvanized
coating.
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SCHEDULE "B" OF BUSINESS LICENCING BY-LAW
Height:
8 foot minimum, with a 10 foot maximum height
with respect to any such fence constructed at the
side of the salvage yard abutting a public street
Painting:
the exterior of the fence shall be painted and
repainted in a neat and workmanlike manner
when necessary; the colour shall be approved by
the City Engineer of the City of Sarnia
Posters:
any posters, advertising, drawings or writing
appearing on the exterior of any such fences
shall be removed immediately
Maintenance:
materials shall not be piled closer to a fence than
four (4) feet