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unofficial consolidation, the official version is held by the municipal clerk.
Legal Department
Office Consolidation
May 11, 2020
THE CORPORATION OF THE CITY OF SAULT STE. MARIE
BY-LAW 2003-52
LICENSING: (R.1.2.16) being a by-law to license pawnbrokers.
WHEREAS Part IV of the Municipal Act, 2001 S.O. 2001, c.25, said Part IV being
entitled "Licensing and Registration" sets out the conditions precedent to a
municipality licensing a business;
AND WHEREAS s. 150(2) of the Municipal Act sets out three purposes for which a
municipality may license a business, those purposes being health and safety,
nuisance or consumer protection or a combination of all three;
AND WHEREAS after a review carried out by the City Finance Department,
including the City Clerk's Department, Police Services and the Legal Department it
was determined that for the purpose of consumer protection it was necessary to
license pawnbrokers; [Amended by By-law 2019-230]
AND WHEREAS the consumer protection that is provided to the consumers is that
the owners or operators of the pawnbroker establishments have to carefully
document all articles in their possession and further the licensing by-law allows for
the police examination of the articles in the possession of the owners and operators;
AND WHEREAS the requirement for the documenting of the property and for the
police examination allows Police Services of the City of Sault Ste. Marie to determine
whether any of the goods in the possession of the pawnbrokers have been identified
as stolen property;
AND WHEREAS the proposed annual fee for each pawnbroker licence is proposed
to be $250.00; [Amended by By-law 2020-107]
AND WHEREAS the types of allowable costs for licence fees are set out in s.
150(10) of the said Municipal Act, those costs being the costs associated with
preparation of the by-law, inspections related to the by-law, enforcement of the by-
law against the person operating without a licence, prosecution and court
proceedings, and reciprocal licensing arrangements;
AND WHEREAS four pawnbrokers licences were issued during 2002;
AND WHEREAS the costs of the Legal Department in preparing, reviewing and
circulating this by-law for comments, and circulating it after it has been considered
by Council are estimated to be $300.00;
AND WHEREAS the costs of advertising the public meeting to be held to consider
the passing of the by-law along with preparing the notice and arranging for it to be
placed in the local newspaper are estimated to be $100.00;
AND WHEREAS the costs of the City Clerk's Department in issuing pawnbrokers
licences are estimated to be $240.00 (estimated at one hour per licence application
including review of the application, preparation and issuance of the licence X $60.00
per hour); [Amended by By-law 2019-230]
AND WHEREAS the costs of the Police Services inspections of the various
pawnbrokers is estimated to be at least $2,000.00 per year for the local
establishments;
2
AND WHEREAS the above-noted costs total $2,640.00;
AND WHEREAS a notice of the public meeting for consideration of this by-law was
given in accordance with s. 150(4) of the Municipal Act;
NOW THEREFORE THE COUNCIL of the Corporation of the City of Sault
Ste. Marie pursuant to the Pawnbrokers Act, R.S.O. 1990, c. P.6, ENACTS
as follows:
1.
DEFINITIONS
The definitions provided in Section 1 of the Pawnbrokers Act, R.S.O. 1990,
c.P.6 apply to this by-law.
2.
SECURITY
Pursuant to Section 6 of the said Act, every pawnbroker shall, before
receiving a licence, give to The Corporation of the City of Sault Ste. Marie
security to the satisfaction of the Commissioner of Finance and Treasurer in
the sum of $2,000.00 for the observance by the pawnbroker of the provisions
of the Act.
3.
LICENCE FEE
Fees are as set out in the Annual User Fee By-law as updated from time to
time. [AMENDED BY BY-LAW 2019-177]
3A.
LICENCE LATE FEE
A Licence taken out after January of each subsequent year by any person
operating or carrying on or engaging in an pawnbroker business as set out in
this by-law shall be subject to an additional "Late Licence" fee as set out in the
Annual User Fee By-law as amended from time to time unless evidence
tender by the person shows they stopped operating for more than twelve (12)
months since the issuance of the last licence to them under this by-law.
[amended by By-law 2020-107]
3B. LOST LICENCE
Upon the City Clerk, or their designate, being satisfied that a Licence has been
lost and that the Applicant for a new Licence form has made a diligent search
therefor and is making application for a new Licence form in good faith, and if
such Applicant undertakes in writing to the City Clerk, or their designate, to
surrender the lost Licence form to them if found, the Clerk, or their designate,
may issue a duplicate Licence to such applicant which shall consist of a true
copy of the original Licence upon which the word "duplicate" is endorsed over
the signature of the Clerk, or their designate. The fee for a lost licence issued
under this provision of this by-law shall be as set out in the Annual User Fee
By-law as amended from time to time. [amended by By-law 2020-107]
4.
TERM OF LICENCE
Each licence issued under this by-law shall be valid for the calendar year for
which it was issued and shall be renewable in January of each subsequent
year.
4A. TRANSFER OF LICENCE
No person shall enjoy a vested right in the continuance of a Licence and
upon the issue, renewal, transfer or suspension thereof, the value of a
Licence shall be the property of the City. [amended by By-law 2020-107]
3
4B.
REVOKING LICENCE
Any Licence issued pursuant to the provisions of this by-law may be revoked
or cancelled at any time by the City Clerk or their designate, without notice,
subject to the provisions of the Statutory Powers Procedures Act, R.S.O.
1990, c S.22 and the Municipal Act, 2001, S.O. 2001, c. 25:
i.
For any reason that would disentitle the holder of the Licence if
he or she were an applicant;
ii.
If the information in the application is false;
iii.
If the operation of the Licencee's business is or will not be carried
on in compliance with the law;
iv.
If the conduct of the Licencee is calculated to mislead, deceive,
or intimidate the public, or in a manner contrary to the provisions
of this by-law.
Upon cancellation or revocation of a Licence, the Licencee shall return to the
City Clerk's Office, or their designate, all Licence certificates and licence
plates, badges and other indicia issued by the City with reference to such
Licence. [amended by By-law 2020-107]
5.
APPLICATION FOR LICENCE
Every application for a licence to carry on business as a pawnbroker shall be
made to the City Clerk's Department of The Corporation of the City of Sault
Ste. Marie and each application shall be accompanied by a report from the
Chief of Police as to the character of the applicant. [Amended by By-law
2019-230]
6.
INVENTORY SUBJECT TO INSPECTION
At any time during the business hours of the pawnbroker an officer of the
Police Services Board of The Corporation of the City of Sault Ste. Marie is
authorized to inspect the inventory of the pawnbroker.
7.
PROVISIONS OF PAWNBROKERS ACT
In addition to the requirements of this by-law, the pawnbroker is subject to
and shall comply with the requirements of the Pawnbrokers Act.
7A. ADMINISTRATION AND ENFORCEMENT
(1) Enforcement Agency
The Sault Ste. Marie Police Service and the City's Municipal By-law
Enforcement Officer(s), or a designate, shall be responsible for the
enforcement of this by-law.
(2) Inspections and Re-inspections
The Sault Ste. Marie Police Service, a Municipal By-law Enforcement Officer
or any person acting under those persons, or any person authorized by the
City may at reasonable times during business hours inspect as much of any
place or premises carrying on any business in respect of which a person has
or is required to have a Licence.
When a re-inspection is required to confirm compliance with the provisions
of this by-law a fee in the amount set out in Schedule "A" of this by-law shall
be charged.
(3) Offences and Penalties
Any person violating any of the provisions of this by-law shall be subject to a
penalty under the Provincial Offences Act, R.S.O. 1990, c. P.33.
4
For the purposes of this section, a separate violation shall be deemed to have
been committed for each and every day during which such violation
continues, and conviction in respect of a violation shall not operate as a bar
to further prosecution if such violation continues. [amended by By-law 2020-
107]
7B.
GENERAL:
(1) Interpretation
In this by-law, unless the context otherwise requires, words importing the
singular member shall include the plural and words importing the masculine
shall include the feminine.
(2) Conflict
In the case of a conflict between the provisions of this by-law and any other
municipal by-law, the provisions of this by-law shall prevail
(3) Severances
If any section, subsection, sentence, clause, phrase or provision of this bylaw
is for any reason held by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of the by-law.
The City hereby declares that it would have passed this by-law and each
section, subsection, sentence, clause, phrase and provision herein,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or provisions be declared invalid. [amended
by By-law 2020-107]
8.
BY-LAW REPEALED
By-law 97-25 is hereby repealed.
9.
EFFECTIVE DATE
This by-law takes effect on the day of its final passing.
READ THREE TIMES and PASSED in open Council this 17th day of
March,
2003.
"JOHN ROWSWELL"
MAYOR - JOHN ROWSWELL
"DONNA IRVING"
CLERK - DONNA IRVING
\lndex\Licensing By-laws\Pawnbrokers 52-03.doc