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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 2003-50
LICENSING: (R.1.2.1) being a by-law to lic_ense amusement arcades
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 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 after a review carried out by the Legal Department and Police
Services of the City it was determined that for the purpose of nuisance control it was
necessary to license amusement arcades;
AND WHEREAS prior to By-law 93-96 having been passed by City Council there
were complaints from businesses located in the vicinity of amusement arcades
concerning loitering and vandalism;
AND WHEREAS one amusement arcade licence was issued in 2002;
I
AND WHEREAS the proposed annual fee for each amusement arcade is proposed
to be $250.00 per licence; [amended by By-law 2020-108]
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 amusement
arcade licences are estimated to be $60.00; [Amended by By-law 2019-229]
AND WHEREAS the costs of Police Services inspections are estimated to be
$500.00;
AND WHEREAS the above-noted costs total $960.00;
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;
2
NOW THEREFORE THE COUNCIL of the Corporation of the City of Sault Ste.
Marie pursuant to s. 150 of the Municipal Act 2001, S.O. 2001, c.25, ENACTS as
follows:
1.
In this By-law:
(a)
"Amusement Machine" means any mechanical, electronic or
computerized machine, or device, or any combination thereof, which
is coin operated or used for gain or hire, intended for use as a game,
entertainment or amusement and shall include:
(i)
pinball machines, television games, shooting galleries or other
similar devices, but shall not include billiards, games of chance
as defined by The Criminal Code, or any machine used only for
the purpose of vending merchandise, or services or playing
recorded music, or any machines used for educational
purposes used in conjunction with institutions governed by The
Education Act.
(b)
"Amusement Arcade" means any premises, part thereof, or separate
part of a premises, in which are located two or more amusement
machines but does not include a hotel as defined in the Hotel Fire
Safety Act and further does . not include premises in which
amusement devices are being operated for a period of fourteen (14)
days or less as a special fund-raising event by or on behalf of a
charitable organization or a midway.
2.
No person shall conduct, operate or carry on or permit to be conducted, operated or
carried on an amusement arcade without first having obtained an annual licence by
the end of December 31st of any year and paid the applicable fee as set out in the
Annual User Fee By-law as amended from time to time. [amended by By-law 2020-
108]
3.
No person shall conduct, operate or carry on, or permit to be conducted,
operated or carried on an amusement arcade closer than 300 m. of any
school, as defined by The Education Act, R.S.O. 1990, Chapter E.2.
4.
No person shall operate any amusement arcade in areas other than those
permitted by the provisions of the applicable zoning by-laws for the City of
Sault Ste. Marie.
5.
All licensed premises shall comply with applicable zoning by-laws of The
Corporation of the City of Sault Ste. Marie, and any conflict between this by-
law and the applicable zoning by-law shall be resolved by allowing the zoning
by-law to prevail.
6.
(a) Every person who requires a licence under the provisions of this by- law
shall make application therefor in the prescribed form enclosing the fee
prescribed by this by-law and forwarding it to the City Clerk's Department
of The Corporation of the City of Sault Ste. Marie. Upon receipt of such
application, the City Clerk's Department shall require the applicant to
forward a copy of the application to Sault Ste. Marie Fire Services, the
Algoma Health Unit, Sault Ste. Marie Police Services and the Building
Division of The Corporation of the City of Sault Ste. Marie and may
require the applicant to forward a copy of such application to any other
department of The Corporation of the City of Sault Ste. Marie which may
be affected, for approval.
[Amended by By-law 2019-229]
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(b) Every person previously licensed under the by-law shall make application
for the renewal of such licence in January of each subsequent year
indicating the location of the premises for which the licence is sought to
be renewed and indicating any alteration or changes in conditions which
have been effected since the application for a licence or any renewal
thereof.
7.
If the approvals referred to in Paragraph 6(a) herein contain no adverse
recommendation to a licence being issued to the applicant, then the City
Clerk's Department may thereupon issue the licence. [Amended by By-law
2019-229]
7A.
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 2020-108]
8.
In the event that the City Clerk's Department refuses to issue a licence, the
applicant may appeal the decision to the Council of The Corporation of the
City of Sault Ste. Marie. The applicant shall appeal the said decision within
thirty (30) days of the date of refusal. [Amended by By-law 2019-229]
9.
The fee for licence issued under the provisions of this by-law shall be as set
out in the Annual User Fee By-law as amended from time to time; the fees
to be paid annually in January of each year and all such licences issued shall
remain in force until December 31st of the year. The fee payable for the
transfer in ownership of any licence issued hereunder shall be as set out in
the Annual User Fee Bylaw as amended from time to time. [Amended by
By-law 2019-174]
9A.
A Licence taken out after January 1st of each year by any person operating or
carrying on or engaging in an amusement arcade 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
tendered 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 2020-108]
10.
During the currency of any licence issued under this by-law, the transferor
or transferee may make application to transfer the licence and pay the
prescribed fee. The application for renewal or transfer shall be in the form
prescribed. In the case of a transfer or renewal of any licence issued
hereunder, the City Clerk's Department shall obtain a report from the Chief
of Police of the Sault Ste. Marie Police Services and the provisions of
Paragraph 6 shall apply. [Amended by By-law 2019-229]
11.
The issued licence shall be displayed in a conspicuous place in the premises
for which the said licence was issued.
12.
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;
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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 2020-108]
13.
Every amusement arcade licensed or proposed or required to be licensed
under this by-law shall be made available for inspection during the times the
amusement arcade is authorized to be open under this by-law, by any
constable or police officer, an employee of the City Clerk's Department and
any other agencies authorized by Council for the purpose of enforcing this
by-law, or reporting on the ability to approve the licence application. No
person who has, or is required to have a licence under this by-law, shall
obstruct or hinder the making of the inspection or cause or permit the same
to be obstructed or hindered. [Amended by By-law 2019-229]
14.
Every holder of an amusement arcade licence shall ensure that:
(a)
the amusement arcade remains closed except during the following
times:
Monday to and including Thursday, from 1:00 p.m. to 11:00 p.m.;
Friday, from 1:00 p.m. to 12 midnight;Saturday, from 10:00 a.m. to 12
midnight, and Sunday, from 12:00 noon to 11:00 p.m.
(b)
Every amusement arcade shall at all times, where amusement
machines are available for play, be supervised by a person, which
person shall be no less than 18 years of age.
(c)
Only amusement machines which have been approved by the
Electrical Safety Association or Canadian Standards Association
(C.S.A.) and which display the prescribed approval sticker shall be
available for the public to use within the licensed premises.
(d)
No glass or transparent surface of any door or window shall be
obstructed in such a way as to prevent a person from the exterior from
looking into the premises, without actually having to enter upon the
premises.
(e)
The amusement arcade shall be kept in a clean and sanitary condition
at all times, and provide two waste receptacles which shall be cleared
at least once each day.
(f)
All amusement machines shall be located within the premises.
(g)
No external sound system broadcasting music or other sound shall
i;>e used or permitted to be used.
(h)
No internal sound system broadcasting music or other sound shall
be used or permitted to be used so as to be heard from outside of the
premises by members of the public.
(i)
The amusement arcade shall have 2.4m aisles between the ends of
the amusement machines in order to provide playing room and a
through access.
15.
No operator of an amusement arcade shall:
(a)
permit any person to loiter, create a disturbance or cause undue noise
while on the licensed premises.
5
(b)
breach any provisions contained in this by-law or amendments
thereto.
16.
Any person convicted of a breach of any provisions of this by-law shall be
liable to a penalty in accordance with the provisions of the Provincial
Offences Act.
17.
That each and every of the foregoing provisions of this by-law is severable
and that, if any provision of this by-law should for any reason be declared
invalid by any court, it is the intention and desire of the Council of The
Corporation of the City of Sault Ste. Marie that each and every of the then
remaining provisions hereof shall remain in force and effect.
17A.
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. [amended by By-law 2020-108]
17B.
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. [amended by
By-law 2020-108]
17C.
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 2020-108]
18.
BY-LAW REPEALED
By-law 93-96 is hereby repealed.
19.
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
P.
IRVING"
CLERK - DONNA P. IRVING
index\licensing by-laws\Amusemt Arcade 50-03.doc