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THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
BY-LAW 98 - 2004
Being a By-law to Provide for the Licensing and
Regulation of Various Businesses
WHEREAS pursuant to the provisions of Part IV of the Municipal Act, 2001, as
amended, the Council of the Corporation of the Town of Saugeen Shores may
pass by-laws for licensing, regulating and governing business;
AND WHEREAS Section 150 of the Municipal Act 2001 allows a municipality to
licence, regulate and govern any business wholly or partially carried on within the
Municipality, even if the business is being carried on from a location outside the
Municipality;
AND WHEREAS Sections 390-400 of the Municipal Act 2001, as amended
enable municipalities to pass by-laws for imposing fees or charges for permits
and services provided or done by them;
AND WHEREAS in accordance with Section 150(4)(a) and (b), proper notice of a
public meeting was given, and a public meeting was held at which any persons
who attended had an opportunity to make representation with respect to this By-
law;
AND WHEREAS pursuant to Section 150 of the Municipal Act 2001 the Council
of the Town of Saugeen Shores is exercising its licensing powers under this
Section, including imposing conditions, for the following reasons:
(i) Health and Safety; and/or
(ii) Nuisance Control; and/or
(iii) | Consumer Protection
AND WHEREAS pursuant to Section 150(2) of the Municipal Act, 2001, the
following categories of businesses are licenced for the following reasons:
TEMPORARY SALES, for the purpose of ensuring the vendor is following ail
required health regulations to ensure that the consumer does not become ill, to
ensure that the business is not a nuisance by hindering vehicles or pedestrian
traffic and/or causing a hazard in any way and/or having a negative aesthetic
impact on the Municipality, and to protect the consumer who is purchasing the
products being sold.
ENTERTAINMENT EVENTS, for the purposes of health and safety of the people
who attend entertainment events, and to ensure that the business is not a
nuisance to the surrounding landowners, and to ensure the protection of the
consumer for goods and/or services purchased.
REFRESHMENT VEHICLES, for the purposes of health and safety and ensuring
that the vendor is following all required health regulations, and to ensure that the
consumer does not become ill, and to ensure that the vendors are not hindering
vehicle or pedestrian traffic and/or causing a hazard in any way and/or having a
negative aesthetic impact on the Municipality which would fall under nuisance
control.
TAXI/LIMOUSINE, for the purposes of health and safety and ensuring the
operator has obtained the necessary MTO licensing and to ensure that the
operators have obtained safety standard certificate of Mechanical fitness
certificate for each vehicle is issued by a registered motor vehicle inspection
station pursuant to the provisions of the Highway Traffic Act, and to ensure that
the owner has the appropriate insurance coverage and to ensure that the
operator is operating under all regulating by-laws of the corporation and does
hinder vehicle and pedestrian traffic.
VEHICLE SERVICES, for the purposes of health and safety and ensuring that
the vendor is following all required health regulations, and to ensure the
protection of animal health and wellbeing, and to ensure that the owner has the
appropriate insurance coverage and to ensure that the operator is operating
under ail regulatory by-laws and does not hinder vehicle and pedestrian traffic.
NOW THEREFORE the Council of the Corporation of the Town of Saugeen
Shores enacts as follows:
PART 1
GENERAL PROVISIONS
1.1 Licensing - powers
The power to licence, regulate and govern a business includes the power ,
(a) to prohibit the carrying on of or engaging in the business without a
licence.
(b) to refuse to grant a licence or revoke or suspend a licence;
(c) _ to fix the expiry date for a licence;
(d) to define classes of businesses and to separately licence, regulate
and govern each class;
(e) to impose conditions as a requirement of obtaining, continuing to
hold or renewing a licence, including conditions,
(i) requiring the payment of licence fees;
(ii) restricting the hours of operation of the business, and
(iif) allowing at any reasonable time, the municipality to inspect
places or premises used for the business and the
equipment, vehicles and other personal property used or
kept for hire in the carrying on of the business;
(iv) prohibiting places or premises used for the business to be
constructed or equipped so as to hinder the enforcement of
the by-law;
(v) requiring the premises of the business, or part of the
premises, to be accessible to persons with disabilities
(f) to impose special conditions on a business in a class that have not
been imposed on all of the businesses in that class in order to
obtain, continue to hold or renew a licence.
(g) to impose conditions, including special conditions, as a requirement
of continuing to old a licence at any time during the term of the
licence;
(h) to licence, regulate or govern the place or premises used for the
business and the persons carrying it on or engaged in it;
(i) to regulate or govern the equipment, vehicles and other personal
property used or kept for hire in connection with the carrying on of
or engaging in the business;
(j) to exempt any business or person from all or any part of the by-law;
and
(k) without limiting anything in clauses (a) to (j), to require the payment
by a licenced business of additional fees at any time during the
term of the licence for costs incurred by the municipality attributable
to the activities of the business.
1.2 Licence - display
No person holding a licence issued pursuant to this by-law shal} 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.
1.3. Licence -application
Applications for all licences issued under the provisions of this by-law and
applications for the renewal of such licences:
(a) shall be made to the Town of Saugeen Shores on the forms
provided;
(b) when received by the Town, will be stamped with the date and
processed in the order in which they are received; and
(c) shall be subject to the fees set out in Schedule “A” to this by-law
and forming a part of this by-law.
1.4 Licence — application — full information - required
Every applicant shall provide in full, at the time the application is submitted, all of
the information requested on the application form as well as:
(a) payment of the prescribed licence fee set out in Schedule “A” of this
by-law; and
(b) | any other document or information as may be required in any other
part of this by-law.
1.5 Licence — application ~ subject to approval
Every application will be subject to investigation approvals from such municipal
or provincial departments or agencies as the Town deems necessary, or as
directed by Council, including but not limited to: Police, Grey-Bruce Health Unit,
Fire Department, Building Department, By-law Enforcement.
1.6 Contravention — other laws — prohibited
The issuance or renewal of a licence is not intended and shall not be construed
as permission or consent by the Town for the holder of the licence to contravene
or to fail to observe or comply with any law of Canada or Ontario or any by-law of
the Town.
1.7 Licence — transfer — prohibited
Every licence is valid only in respect of the person and the premises or of the
person named therein and for the nature of business stated in the licence, and no
licence may be sold, purchased, leased, mortgaged, charged, encumbered,
assigned, pledged, transferred, seized, or otherwise dealt with.
1.8 Information ~ held by the Town — open to inspection
Any application, comment, recommendation, information, document or thing in
the possession of the Town pursuant to the provisions of this by-law shall be
made available for inspection:
(a) by any person employed in the administration or the enforcement of
this by-law;
subject only to the limitations imposed by the Municipal Freedom of Information
and Protection of Privacy Act.
1.9 Licence ~ Obstruct — person who enforces
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
exercising a power or performing a duty under this by-law.
1.10 No licence ~ not be issued or renewed — where by-law contravened
No licence shall be issued to any person in respect of any premises in which the
carrying on or operation of the business for which the application is being made
is in contravention of any by-law of the Town, or any applicable Provincial or
Federal legislation.
1.11 Licence — term of — expiry
A licence issued under the provisions of this by-law shall be valid only for the
period of time for which it was issued.
1.12 Licence — administrative fee — licence refused or withdrawn
All business licence fees are non-refundable if the application is refused for any
reason or is withdrawn by the applicant prior to the issuance of a licence.
1.13 Licence — address — notification of change
Every licensee shall notify the Town within 6 days of any change in his business
address or home address.
1.14 Issuance, Renewal — Conditions
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, all of which shail be performed and observed by the applicant, holder
of the licence or by the operator of the business:
(a) the applicant or licence holder shall pay the applicable licence fee;
(b) the applicant or licence holder shall allow, at any reasonable time,
the Town to inspect the places and 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 applicant or licence holder shall ensure that the places or
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 applicant or the licence holder affords
reasonable cause to believe that the applicant or licence holder will
not carry on or engage in the business in accordance with the law
or with honest and integrity;
(e) — the applicant or licence holder, or individual who is a member of a
partnership that is the holder of the licence, shall be a Canadian
citizen or a person lawfully admitted to Canada for permanent
residence and ordinarily resident in Canada;
(f) the premises in which the business is located shall be in
accordance with the requirements of the Building Code Act and the
Regulations thereunder, the Fire Protection and Prevention Act,
1997 and the Regulations thereunder, and any bu-law of the Town
of Saugeen Shores prescribing standards for the maintenance and
occupancy of property within the Town;
(g) the use of the premises for the purpose of the business is permitted
or conforms with the uses of the premises permitted under the
applicable zoning by-law or is a legal non-conforming use;
(h) — the applicant or licence holder shall not carry on activities that are
in contravention of this by-law;
(i) the applicant or licence holder shall not fail to pay any part of a fine
for a contravention of this by-law after the fine becomes due and
payable under section 66 of the Provincial Offence Act, including
any extension of time for payment ordered under that section.
1.15 Licencing powers — Clerk — issue or renew
The Clerk, or his/her designate, may issue or renew a licence where the
requirements and conditions of this by-law have been fulfilled.
1.16 Referral - Council ~ by Clerk
(a) At any time before the Clerk, or his/her designate either issues or
renews a licence, or recommends to refuse to issue or to refuse to
renew a licence, he may, or he shall on the request of the applicant,
refer the application for such issuance or renewal of a licence to the
Municipal Council.
(b) Where there is a referral to the Municipal Council pursuant to this
section, the Municipal Council shall direct the Clerk to issue or
renew the licence, or not to issue or renew the licence, and may
require the imposition of conditions specific to the licence regarding
compliance by the applicant with any requirements of this by-law.
1.17 Refusal — suspension — revocation
The Municipal Council, Clerk or his/her designate may suspend, revoke or refuse
to issue any licence that may be issued under the provisions of this By-law:
(a) where the holder of the licence or applicant is in breach of a
condition of the licence or of this by-law;
(b) if a report is filed subsequent to the date of the issuance of the
licence or by any department or agency which provided its approval
originally to the issuance of the licence which indicates that a
licenced premises no longer complies with any of the provisions of
this by-law;
(c) upon such grounds as are set out in this by-law;
(d) if the conduct of the applicant or licensee affords reasonable cause
to believe that the applicant or licensee will not carry on or engage
in the business in accordance with the law or with honesty and
integrity;
(e) _ if, in the case of a corporate applicant or licensee, the conduct of its
officers, directors, employees or agenis affords reasonable cause
to believe that the business will not be engaged in or carried on in
accordance with the law or with honesty and integrity.
A decision of the Clerk or Municipal Council refusing, suspending or revoking an
application or licence takes effect upon the rendering of such decision by the
Clerk or Municipal Council.
Part 2
TEMPORARY SALES
HAWKER - PEDDLER
2.1 Definitions
“Hawker” or “Peddler” includes:
(a) any person who goes from place to place, or to a particular place,
with goods, wares or merchandise for sale, or who carries and
displays samples, patterns or specimens of any goods, wares or
merchandise for which orders are taken and that are to be
delivered in the Town of Saugeen Shores afterwards; and
(b) any retailer which has an employee or agent who goes from place
to place or to a particular place with goods, wares or merchandise
for sale, or who carries and displays samples, patterns or
specimens of any goods, wares or merchandise for which orders
are taken and that are to be delivered in the Town of Saugeen
Shore afterwards;
(c) but excludes a consumer show open to the public or a trade shop
open by invitation or registration only, the primary purposes of
which are the display of goods and products and not the direct sale
of them.
2.2 Licence - classes
The following classes of “hawker” or “peddler” are hereby established:
Class 1 ~ “Day Sales” -
(a) shall include the sale of goods such as, but not limited to, flowers, and
fresh produce, for a one to three day period from one specific location
such as, but not limited to, a parking lot, a service station lot or a
vacant commercial lot where the use is permitted in the Zoning By-law.
(6) shail include the sale of fireworks for a one to seven day period from
one specific location such as, but not limited to, a parking lot, a service
station lot or a vacant commercial lot where the use is permitted in the
Zoning By-law.
Class 2—“Seasonal Sales” -
shall include temporary businesses such as, but not limited to, gardening
product sales and Christmas tree sales for one period of up to three
months from one specific location such as, but not limited to, a parking lot
or a vacant commercial lot and may include the use of a temporary
structure such as a greenhouse or sales office where the use is permitted
in the Zoning By-law.
Class 3 — “Door-to-Door Sales”
shall include any business, person or organization that has sales
conducted on his/her or its behalf by door-to-door solicitation.
2.3 Operation — without valid licence ~ prohibited
No person shail,
(a) carry on the business of hawker or peddler; or
(b) be engaged in services to the public in connection with the
business of a hawker or peddler;
without holding a current valid licence for such business issued under the
provisions of this by-law.
24 Exemption ~ from licence — flea market - antique show
Notwithstanding any other section of this by-law, a person who, if it were not for
this section, is otherwise required to be licenced under this by-law, and who
offers for sale or sells goods, wares, or merchandise to the public at a flea
market, craft show or antique show or place which is licenced under this by-law,
is not required to be licenced under this Part for the purpose of offering for sale
or selling goods, wares or merchandise to the public at such flea market, craft
show, antique or collectible show, trade show or place.
2.5 Exemption — from licence — other circumstances
Notwithstanding section 2.3 of this by-law, no Hawkers and Peddlers Licence
shall be required for hawking, peddling or selling goods, wares or merchandise:
(a) to wholesale or retail dealers in similar goods, wares or
merchandise; or
(bo) if the goods, wares or merchandise are hawked, peddled or sold by
an agent of the grower, producer or manufacturer, acting on behalf
of a dealer who pays business tax in the Town of Saugeen Shores
in respect of premises used for the sale of such goods, wares or
merchandise; or
(c) existing local retailers are exempt from obtaining a hawker or
peddler’s licence and paying a licence fee for “day sales” or
“seasonal sales” if the temporary selling activity is an extension of
the existing business at that location; or
(d) local farm growers are exempt from obtaining a hawker or peddler’s
licence and paying a licence fee for “day sales” or “seasonal sales”
if the produce they are selling is being sold from their own property
and has been grown and harvested by them.
2.6 Municipal Property — permit — Corporation
No person licenced, or required to be licenced, as a “hawker” or “peddler’ shall
carry on the business of a hawker or peddler in any public park, municipal
property in the Town of Saugeen Shores.
PART 3
REFRESHMENT VEHICLES
3.1 Definitions
Refreshment vehicle — defined
“refreshment vehicle” shall mean any vehicle from which refreshments are sold
for consumption by the public and includes, without limiting the generality of the
foregoing, carts, wagons, trailers and trucks, irrespective of the type of motive
power employed to move the refreshment vehicle from one point to another.
Waste — defined
“waste” includes food, disposable eating utensils, paper, wood, cardboard,
plastic, glass or metal products used in the preparation, serving or consumption
of the food or beverages offered for sale from a refreshment vehicle.
3.2 Licence — classes — refreshment vehicles
The following classes of refreshment vehicles are hereby established:
Class 1 — Refreshment Vehicle
shall include a hand cart, peddled vehicle, vehicle or trailer from which food
products are sold from and where such hand cart, peddled vehicle, vehicle or
trailer is located on privately owned property.
Class 2 — Refreshment Vehicle
shall include a hand cart, peddled vehicle, vehicle or trailer from which food
products are sold and that is moved from one location to another location upon
the completion of each sale.
Class 3 — Refreshment Vehicle
shail include a hand cart, peddled vehicle, vehicle or trailer from which food
products are sold from any one location and such location is owned by the Town
of Saugeen Shores.
3.3. Operation — responsibility - matters — prohibited
No person shall:
(a) operate a refreshment vehicle without holding a current valid
licence for such premises or business issued under the provisions
of this by-law;
(b) operate a refreshment vehicie on public property other than the
location approved by the licence;
(c) operate a refreshment vehicle without the vehicle having the name
of the licensee displayed on each side thereof in letters at least 10
centimetres (4 inches) in height;
(d) fail to affix a refreshment vehicle licence issued under the
provisions of this Part of this by-law in a conspicuous place on a
refreshment vehicle for which it is issued.
(e) allow waste to accumulate at the designated site to which that
person has been assigned during the hours of operation of the said
refreshment vehicle.
(f) operate a refreshment vehicle which uses propane fuel for the
preparation and/or heating of food products without an annual
safety certification of such propane components of the vehicle by a
certified and registered gas fitter in accordance with the guidelines
of the Technical Standards and Safety Authority.
(9g) operate a refreshment vehicles which use propane fuel, without a
minimum five-pound ABC dry chemical fire extinguisher on the
vehicle and the operator of the vehicle being knowledgeable on the
proper use of such fire extinguisher.
3.4 Operation — Licence -Insurance
No person shall:
(a) Operate a Class 1 Refreshment Vehicle prior to obtaining; and
maintaining for the duration of the term of the licence;
$1,000,000.00 liability insurance.
(b) Operate a Class 2 Refreshment Vehicle prior to obtaining; and
maintaining for the duration of the term of the licence;
$1,000,000.00 liability insurance coverage and naming the Town of
Saugeen Shores as an additional named third party.
(c) Operate a Class 3 Refreshment Vehicle prior to obtaining; and
maintaining for the duration of the term of the licence;
$1,000,000.00 liability insurance coverage and naming the Town of
Saugeen Shores as an additional named third party.
3.5 Class 2 & Class 3 Licences — Expiry - Renewal
Class 2 and Class 3 Refreshment vehicle licences will be issued for one season
at a time from May 01% to October 31%. Refreshment vehicle licences will not
automatically be renewed.
3.6 Class 3 Licence - Locations
In addition to the all other provisions of this by-law a Class 3 Refreshment
Vehicle Licence shall only be issued for the pre-approved designated area where
public washrooms are accessible. One licence may be issued for the following
municipal locations:
(a) Coulter Parkette - anywhere within the limits of the Park
(b) Gobles Grove - anywhere on the grassed area of the Park
(c) Pioneer Park - anywhere within the limits of the Park
(d) Chesley St Dock Area - anywhere on the grassed area of the Park
(e) Denny’s Dam - anywhere within the Park
(f) Municipal Sports Parks- anywhere public washrooms are available
and no concession booths are under lease
agreement
(g) Northshore Park ~ anywhere within the limits of the Park
3. Class 3 Licence — Application
Each year the Town of Saugeen Shores will advertise the municipal locations
available for tender. The applicant will submit a bid on the tender form provided.
The minimum tender amount shall be $200.00 per location. The highest tender,
or not necessarily any tender, will be accepted based on the applicant meeting
the review criteria and all other terms of this by-law.
3.8 Class 1, 2 and 3 Licences — Review Criteria
All classes of Refreshment Vehicles will be reviewed on the following criteria:
(a) A refreshment vehicle shall not impede the flow of pedestrian or
vehicular traffic and will not be allowed in designated municipal
parking areas.
(b) The Operator must provide a garbage container and all garbage
shall be disposed of by the Operator.
(c) Every owner shall apply for a separate licence for each
Refreshment Vehicle owned or operated by him.
(d) Proximity of existing permanent businesses offering similar
products shall be considered.
(e) The impact of charitable organizations hosting fund raising events.
(f) Refreshment Vehicles will not be allowed to operate during
Pumpkinfest, or any other special event, without the written
permission of Pumpkinfest or the special event co-ordinator.
(g) Provisions of the applicable zoning by-law will apply for private
property.
3.9 Health considerations — licensee — responsibility
Every person to whom a Refreshment Vehicle Licence is issue under the
provisions of this by-law shall, at all times in respect of the premises or the
vehicle for which the licence has been issued hereunder:
(a) keep the same, together with all utensils and equipment therein, in
a clean and sanitary condition to the satisfaction of the Medical
Officer of Heath.
(b) | when and as often as requested by the Medical Officer of Health to
do so, procure and produce to him a certificate of an approved
qualified physician, certifying the good health of any person
employed in or occupying the said premises or vehicle, including
certification that such physician has carried out a physical
examination of such persons and has submitted to the Medical
Officer of Health such laboratory specimens as the Medical Officer
of Health may direct for the purpose of determining that such
persons are free from infection or communicable disease; and
after a request referred to in section (b) above, no person in respect of whom
such request has been made shall be employed in, be in or occupy the said
premises or vehicle without a certificate of the Medical Officer of Health that all
requirements have been met.
PART 4
ENTERTAINMENT
4.1 Definitions
In this part:
Circus — defined
“circus” shall mean a performance exhibiting equestrian, animal, acrobatic or
other performances and their equipage and shall include any other similar show.
Menagerie - defined
“Menagerie” shall mean a business or premise exhibiting a collection of animals
in cages or enclosures.
Piace of Amusement - defined
“place of amusement” shall mean a building, room, area or premises which is
devoted to the offering of facilities for the play of:
(a) More than three games of chance
(b) more than three games of mixed chance and skill
(c) amusement ride(s) or other devices including but not limited to roller
skating, rinks, merry-go-rounds, switchback railways, carousels, animal
rides, and other like contrivances
(d) two or more billiard, pool or bagatelle tables
(e) two or more arcade machines
(f) two or more computer games
for the amusement of the public, which is not contrary to the Criminal Code of
Canada but does not include premises which are licenced under the L.L.C.B.O or
where the use of such tables, arcades or computer games are only incidental to
the main objectives of the premises.
4.2. Operation ~ responsibility - matters — prohibited
No person shall operate a circus, menagerie, place of amusement, place of
billard/games:
(a) without holding a current valid licence for such premises or
business issued under the provisions of this by-law;
(b) — in contravention of the Town of Saugeen Shores’ Zoning By-
law.
(c) without providing sufficient lighting in every part of the
premises so as to permit the safe use of the facility by the
public.
(d) without providing an adequate number of waste receptacles
accessible to users of the premises.
(e) without providing supervision by an adult who shail remain
on the premises at all times when the premises are open in
accordance with this by-law.
4.3 Operation — Licence -Insurance
No person shall operate a circus, menagerie or place of amusement prior to
obtaining; and maintaining for the duration of the term of the licence;
$2,000,000.00 liability insurance coverage which names the Town of Saugeen
Shores as an addition named third party.
44 Menagerie — Generai Provisions
In addition to all other sections of this by-law and all other information required on
the application form, the following information shail also be provided:
(a) a current list of all animals which are kept in such menagerie.
(b) the name of the local veterinarian caring for the animals and a
statement from the veterinarian that the animals are in good health
and maintained in a healthy condition.
Every menagerie shall maintain and keep all animals within the menagerie in a
clean, well-bedded and healthy manner and shall ensure that the animals are
treated in a humane manner at all times.
4.5 Place of Amusement — Restrictions
No person shall:
(a) operate a place of anusement between the hours of 1:00 a.m. and
9:00 a.m.
(b) operate a place of amusement in a disorderly manner to allow
loitering to take place in or around the premises.
Part 5
TAXI
5.1 Definitions
In this part:
Driver — Defined
“driver” shall mean any person licenced according to this by-law who is the
holder of any class A,B,C,D,E,F, or G Ontario Driver’s licence.
Taxi — Defined
“taxi” shall mean any passenger motor vehicle regularly used for hire for the
conveyance of persons and having a normal seating capacity of not more than
nine persons, but shall not include a public vehicle as defined in the Public
Vehicles Act, R.S.O. 1990 P. 54 and amendments thereto.
Limousine - Defined
“limousine” shall mean a motor vehicle which does not bear any identification
other than the number plate issued by the Ministry of Transportation for the
Province of Ontario which does not have a taximeter and which is kept or used
for hire for the conveyance of passengers but shall not include a taxi.
Safety Standard Certificate of Mechanical Fitness — Defined
“Safety Standard Certificate of Mechanical Fitness” shall mean a Safety
Standards Certificate of Mechanical Fitness certificate issued by a registered
motor vehicle inspection station pursuant to the provisions of the Highway Traffic
Act.
10
5.2 Operation — responsibility - matters — prohibited
No person shall operate a taxi or limousine business:
(a) without holding a current valid licence for such premises or
business issued under the provisions of this by-law;
(b) in contravention of the Town of Saugeen Shores’ Zoning By-
law.
(c) with drivers who are not registered with the Town of
Saugeen Shores.
(d) — with drivers who do not meet the provisions set out in this
by-law
5.3 Driver — qualification
Drivers of a taxi and limousine shall
(a) be eighteen (18) years of age or older
(b) be the holder of a Class A,B,C,D,E,F or G driver's licence
issued by the Ministry of Transportation for the Province of
Ontario
(c) not have accumulated more than six (6) demerit points on
his/her driving record
(d) not have had a driver’s licence under suspension at any time
within the preceding twelve (12) months as a result of having
been convicted or found guilty of:
a) driving under suspension
b) speeding over fifty (50) km above the limit
Cc) careless driving
d) racing on a highway
e) failing to remain at the scene of an accident
f) failing to report an accident
g) a criminal code of Canada offence: committed by
means of a motor vehicle or while driving or having
care and control of a motor vehicle
h) fail to stop for police
(e) have been convicted or found guilty within the preceding five
(5) years of two or more offences under the Criminal Code of
Canada, committed on different dates by means of a motor
vehicle, or while driving or having care and control of a motor
vehicle.
(f) not have been convicted or found guilty within the preceding
five (5) years of any offence under the Controlled Drugs and
Substances Act.
(g) not have been convicted or found guilty within the preceding
five (5) years of certain sexual or moral offences under the
Criminal Code of Canada.
(h) No have been convicted or found guilty of any offence for
conduct that affords reasonable grounds for believing that he
will not properly perform his duties, or is not a proper person
to have custody of children or seniors.
5.4 Licence - insurance
No person shall operate a taxi or limousine business or be granted a licence until
the Town of Saugeen Shores has been provided with a Certificate of Insurance
issued by a company authorized to do business in Ontario certifying that the
owner and driver of each taxi or limousine for which a taxi or limousine vehicle
licence is being applied for, are insured for public liability property damage and
passenger hazard, with a minimum $2,000,000 coverage per incident or
occurrence and written confirmation from the insurer that the Town will receive at
least thirty (30) days written notice prior to any cancellation, expiration or
variation thereof.
5.5 Operation — Vehicle Safety
No person shail operate a taxi or limousine without a valid Safety Standard
Certificate of Mechanical Fitness for each taxi or limousine to be licenced
11
certifying such vehicle is in a safe condition to be operated upon a highway and
such certificate must be dated no longer than thirty (80) days before the
application for the licence is submitted. A vehicle is exempt from the Safety
Standard Certificate of Mechanical Fitness which has traveled less than twenty-
thousand (20,000) kilometers or not more than 12 months has elapsed from the
date of first registration as a new motor vehicle unless said vehicle has been
involved in an accident. The cost of this certificate shall be borne by the
applicant. This certificate is to be provided to the Town of Saugeen Shores.
PART 6
VEHICLE SERVICES
6.1 Definitions
In this part:
Horse Drawn Vehicle ~ Definition
“horse drawn vehicle” shali mean a passenger vehicle pulled by horses and
regularly used for hire for the conveyance of persons for sightseeing trips or
otherwise.
6.2 Operation — responsibility - matters — prohibited
No person shail:
(a) operate a horse drawn vehicle without holding a current valid
licence for such premises or business issued under the provisions
of this by-law
(6) operate a horse drawn vehicle in contravention of the Town of
Saugeen Shores’ Zoning By-law
(c) permit the operation of horse drawn vehicle unless:
a) it is free from any mechanical defects
b) its interior and exterior is clean and in good repair, and
c) itis properly maintained
(d) permit the operation of a horse drawn vehicle unless the operator
ensures that the horse being used in connection with the horse
drawn vehicle is in sound, condition, good health, well fed and
watered.
{e) operate a horse drawn vehicle prior to providing a certificate of a
qualified veterinarian as to the condition of any horse being used
for the purpose of drawing a vehicle.
(f) not unnecessarily impede the flow of pedestrians or vehicular traffic
or restrict access to designated parking areas.
6.3. Operation - Licence - Insurance
No person shall operate a horse drawn vehicle prior to obtaining; and maintaining
for the duration of the term of the licence; $2,000,000.00 liability insurance
coverage for each licence and naming the Town of Saugeen Shores as an
additional named third party. And provide written confirmation from the insurer
that the Town will receive at least thirty (30) days written notice prior to any
cancellation, expiration or variation thereof.
6.4 Licence — Application
In addition to all other provisions of this By-law the applicant shall provide
(a) a map showing the route of the horse drawn vehicle service.
(b) a plan for the staging and resting areas
(c) a plan for the removal of all waste and a method of disposal of all
waste
6.5 Licence — Expiry — Renewal
Horse Drawn Vehicle licence will be issued for one season at a time from May
01" to October 31*' in the year the licence was granted. The licence will not
automatically be renewed annually and every horse drawn vehicle must be
licenced separately.
12
PART 7
ENFORCEMENT — REPEAL — ENACTMENT
7.1. Any person who contravenes the provisions of this by-law is guilty of an
offence and upon conviction is subject to the penalty set out in the
Provincial Offences Act, R. S.O. 1990, Chapter P.33, as amended
7.2. By-law 71-99 of the Corporation of the Town of Saugeen Shores is hereby
repealed.
7.3. That this by-law shall come into force and take effect upon third and final
reading thereof.
READ A FIRST AND SECOND TIME THIS 13" DAY OF DECEMBER, 2004.
wt
READ A THIRD.TIME AND FINALLY PASSED AND SEALED THIS 13™ DAY
OF DECEMB
DLL
cD).
.
ER, 2004.
o
Mark Kraemer, Mayor
13
THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
CATEGORY
Entertainment Events
Temporary Sales
location
Refreshment Vehicles
Taxi
Vehicle Services
BY-LAW 98 - 2004
SCHEDULE A
SCHEDULE OF FEES
CLASS ANNUAL LICENSE FEE
Circuses $175.00 per day
Menagerie $175.00 per day
Places of Amusement $175.00 per location
Sale or hire of goods or services
on an Intermittent or one time
basis and the Activities
of a Transient Trader $175.00 per tocation
The display of samples, patterns
or specimens of goods for the
purpose of sale or hire
(Hawker/Peddler) $175.00 per event or
Canteens $175.00 per canteen
Mobile BBQ’s $175.00 per unit
Chip Wagons $175.00 per unit
Hot Dog Carts $175.00 per unit
ice Cream Trucks/Bikes $175.00 per unit
Taxi Owner $175.00 one time approval
Taxi Vehicle
Limousine Owner
Limousine Vehicle
Horse Drawn Carriages
Annual Renewal Fee
14
$ 25.00 annual per vehicle
$175.00 one time approval
$ 25.00 annual per vehicte
$175.00 one time approval
$ 25.00 one time approval
THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
SCHEDULE “B” TO BY-LAW 98 -2004
ITEM COLUMN 1 COLUMN 2 COLUMN 3
DESCRIPTION OF OFFENCE PROVISIONS SET FINES
CREATING OFFENCE | INCLUDING COST
1. Obstruct — person who enforces Section 1.9 300.00
2. Operation — without valid licence Section 2.3 300.00
3. Refreshment Vehicle - Operation - | Section 3.3 300.00
prohibited
4, Operating without Insurance Section 3.4 300.00
§. Entertainment - operation prohibited | Section 4.2 300.00
6. | Operating without Insurance Section 4.3 300.00
7. Failure to Restrict Hours Section 4.5 300.00
8. | Taxi- Operation prohibited Section 5.2 300.00
9, Operating without Insurance Section 5.4 300.00
10. | Unsafe vehicie Section 5.5 300.00
11. | Vehicle - Operation prohibited Section 6.2 300.00
12. | Operating without Insurance Section 6.3 300.00
The penaity provisions for the offences indicated above is Section 18 of By-law 98-2004.
15
Fr
QS SHORES
renee Ewa Ser
Box 820, 600 Tomlinson Drive, Port Elgin, Ontario NOH 2C0
PH: 519-832-2008 FX: 519-832-2140
BUSINESS LICENCE APPLICATION
Type of Application (check one)
Temporary Sales CJ Vehicle Services a Refreshment Vehicle
Entertainment Events
Circus O Menagerie im Place of Amusement
Name of Applicant
Address of Applicant
Postal Code Phone
Fax Email
Name of Owner / Operator (if different from Applicant)
Address of Owner / Operator (if different from Applicant)
Postal Code Phone
Fax Email
Name of Proposed Business
Location of Proposed Business
(Please complete a separate application for each location)
Describe in detail the Event / Business / Goods being offered for sale
Hours of Operation
Proposed Date of Opening or Date of Each Event
Piease attach a copy of proof of insurance
Date Signature of Applicant
PACLERK'S DEPARTMENT\BUSINESS LICENCE APPLICATION Dec 2004.doc
S
QS== SHORESS
Box 820. 600 Tomlinson Drive, Port Elgin, Ontario NOH 2C0
PH: 519-832-2008
Fax: 519-832-2140
TAXI LICENSE APPLICATION
Part 1 of 2
Name of Registered Owner of Business
Mailing Address of Registered Owner
Property Description of Location of Business
Telephone Number of Business
Owner's Home #
lf a Partnership, state to above in respect of Partners
If a leased vehicle, state Lessee's Name and Address below
Number of Vehicles owned by Applicant which are licensed or intended to be licensed
under this Application:
Vehilce # 1: Year
Colour
Mechanical Fitness Certificate #
Serial # of Engine
Vehilce # 2: Year
Make
Model
License #
Colour
Mechanical Fitness Certificate #
Serial # of Engine
Vehilce # 3: Year
Colour
Mechanical Fitness Certificate #
Serial # of Engine
Vehilce # 4: Year
Colour
Mechanical Fitness Certificate #
Serial # of Engine
Vehilce # 5: Year
Colour
Mechanical Fitness Certificate #
Serial # of Engine
Vehilce # 6: Year
Colour
Mechanical Fitness Certificate #
Serial # of Engine
Insurance Company:
Odometer Reading km
Make Model
License #
Odometer Reading km
Make Model
License #
Odometer Reading km
Make Model
License #
Odometer Reading km
Make Model
License #
Odometer Reading km
Make Model
License #
Odometer Reading km
Insurance Broker:
Address of Broker:
Expire date of Insurance:
!
Pear nanas sar unaaermer cerca nara
SALIGEEN SHORES
rear nt abel hal
Box 820. 600 Tomlinson Drive, Port Elgin, Ontario NOH 2C0
PH: 519-832-2008 Fax: 519-832-2140
TAXI LICENSE APPLICATION
Part 2 of 2
NUMBER OF TAX] DRIVERS OPERATING FROM PLACE OF BUSINESS
Driver # 1:
Driver # 2:
Driver # 3:
Driver # 4:
Driver # 5:
Driver # 6:
Name
Address:
Telephone Number:
Driver License #
Class of License
Name
Address:
Telephone Number:
Driver License #
Class of License
Name
Address:
Telephone Number:
Driver License #
Class of License
Name
Address:
Telephone Number:
Driver License #
Class of License
Name
Address:
Telephone Number:
Driver License #
Class of License
Name
Address:
Telephone Number:
Driver License #
Class of License
Date
Date
Signature of Applicant
Signature of Registered Owner
(lf different from Applicant)
* This License Application is incomplete unless Parts 1 and Parts 2 are both received.