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OFFICE CONSOLIDATION
BUSINESS LICENCING BY-LAW
BY-LAW NUMBER 135-05
Passed by Council on December 12, 2005
Amendments:
By-Law Number
Date Passed
Section Amended
74-07
June 11, 2007
Part 1 - Definitions
Part 14 - Special Events
116-07
August 27, 2007
Part 1 - Definitions
Part 15 - Clothing Donation Boxes
121-07
September 24, 2007
Part 1 - Definitions
Part 16 - Group Homes
02-08
January 14, 2008
Part 13 - Taxicabs
32-08
May 12, 2008
Part 14 - Sale of birds & animals
52-08
June 30, 2008
Schedule "A" - Taxicab - Tariff Rates
76-10
Sept 27 2010
To delete Schedules "A" & "B"
46-14
Sept 8, 2014
Repeal Refreshment Vehicles
47-19
May 27, 2019
S9.4(f) S9.6(d) S13.3
By-Law Number 135-05
A By-Law to provide for the Licencing and
Regulation of Various Businesses in
the Township of Scugog
Table of Contents
Page No.
Part 1
Definitions
4
Part 2
General Provisions
11
Part 3
Penalties
21
Part 4
Severability
21
Part 5
Repeal - Enactment
21
Part 6
Interpretation
22
Part 7
Short Title
22
Part 8
Adult Entertainment Parlours
22
Part 9
Fireworks
39
Part 10
Salvage Yards/Second Hand Goods
43
Part 11
Hawkers & Peddlers
44
Part 12
Repealed as per By-law 48-14
45
Part 13
Taxicabs
48
Part 14
Carnivals, Midways & Special Events
57
Part 15
Clothing Donation Boxes
61
Part 16
Group Homes
62
Schedule "A"
Refreshment Vehicle - Approved Locations
67
Schedule "B"
Regulations for Fireworks Users
68
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__________________________________________________
__________________________________________________
THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY-LAW NUMBER 135-05
BEING A BY-LAW TO PROVIDE FOR THE LICENSING
AND REGULATION OF VARIOUS BUSINESSES IN THE
TOWNSHIP OF SCUGOG.
WHEREAS Section 150 of the Municipal Act, 2001, permits
municipalities to license, regulate and govern any business wholly or
partly carried on within the municipality;
AND WHEREAS except as otherwise provided, a municipality
may only exercise its licensing powers under this section, including
imposing conditions, for one or more of the following purposes - health
and safety, nuisance control, consumer protection;
AND WHEREAS a By-Law licensing or imposing conditions
shall include an explanation as to the reason the municipality is licensing
it or imposing the conditions and how that reason relates to the purposes
under the Municipal Act, 2001, Section 150, subsection (2);
AND WHEREAS it has been determined that it is appropriate
to license, regulate and govern certain businesses for the purposes of:
·
Health and Safety - being an activity or undertaking that could
result in hazardous conditions, injury or loss, and/or
·
Nuisance Control - being an activity that adversely effects, or could
possibly adversely effect, the "quality of life" of any Person(s),
and/or
·
Consumer Protection - being the prevention of unfair or potentially
unfair business practice(s) that could result in loss(es) on the part
of the consumer;
AND WHEREAS the said Council has from time to time
enacted licensing By-Laws relating to a variety of businesses pursuant to
its powers as set out in the said Municipal Act, and its predecessor Act;
AND WHEREAS the Council of the Corporation of the
Township of Scugog deems it advisable to consolidate and revise its
various licensing By-Laws;
AND WHEREAS the following businesses are licensed for
the following reasons;
ADULT ENTERTAINMENT PARLOURS, for the purpose of protecting
the health and safety of the Attendants, to ensure that the business is not
a nuisance to the surrounding properties and neighbourhood, and the
consumer protection of those individuals who attend and partake in the
Services of the parlour;
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CARNIVALS, MIDWAYS AND SPECIAL EVENTS, for the purposes of
health and safety and ensuring that all health and safety regulations are
complied with to ensure that consumers are not harmed in any way;
FIREWORKS, for the purposes of health and safety and ensuring that
the vendor is following all required health and safety regulations to
ensure that the consumers is not harmed in any way;
HAWKER & PEDLAR, for the purpose of ensuring the vendor is following
all required health and safety 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 products being sold;
REFRESHMENT VEHICLE, for the purposes of health and safety and
ensuring that the vendor is following all required health and safety
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;
SALVAGE YARD/SECOND HAND GOODS SHOPS, for the purposes of
protecting the consumer purchasing items and to ensure that the
building/yard is safe and healthy for the Persons who enter;
TAXICABS, for the purposes of health and safety to ensure that the
Vehicles are safe for the Persons who use the service and consumer
protection to ensure that the Vehicles are operated by Persons with no
criminal record;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF SCUGOG Enacts As Follows:
SHORT TITLE
BUSINESS LICENSING BY-LAW
Part 1- DEFINITIONS
1.1
For the purposes of this By-Law:
Accessible Taxicab, means a Taxicab which is equipped for the
transportation of Passengers, unable to board regular Vehicles without
assistance due to a physical disability, for hire or reward;
Adult Entertainment Parlour, means any premises or part there in which is
provided in pursuance of a trade, calling, business or occupation, Services
appealing to or designed to appeal to erotic or sexual appetites or
inclinations;
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Adult Entertainment Parlour Licensed under the Liquor License Act,
means an Adult Entertainment Parlour of the class defined as follows:
Any premises or part thereof in respect of which a License or
permit has been issued and is in full force and effect pursuant
to the provisions of the Liquor License Act, R.S.O. 1990, c.
L.19, at which is offered Services appealing to or designed to
appeal to erotic or sexual appetites or inclinations;
Adverse Effect, means;
i)
impairment of the quality of the environment for any use that can be
made of it,
ii)
injury or damage to property, to plant or to animal life,
iii)
harm or material discomfort to any Person,
iv)
impairment of the health of any Person,
v)
impairment of the safety of any Person,
vi)
rendering any property unfit for its existing or permitted use,
vii)
loss of enjoyment of normal use of any property,
viii)
interference with a residential use or conduct of business.
Applicant, means a Person who is required to be licensed pursuant to this
By-Law or who has made application for a license to the Clerk and shall
include a Licensee;
Artisan, means a person who produces by their own hand goods for sale or
display, that are not generally associated with mass production for general
merchandise sales, such as but not limited to quilting, painting, carving,
jewellery, wood working or similar type of handy-craft;
Attendant, means any Person other than a Licensed Owner or Operator
who provides Services designed to appeal to erotic or sexual appetites or
inclinations at an Adult Entertainment Parlour;
Broker, means any Person who accepts calls in any manner for Taxicabs
and that are owned by Persons other than the Broker, his immediate family
or his employee, Licensed or required to be Licensed under this By-Law;
Burlesque Entertainer, means an Attendant whose Services are provided
at an Adult Entertainment Parlour Licensed under the Liquor License Act;
By-Law, means any By-Law passed by Council;
Chief of Police, means the Chief of Police for the Durham Regional Police
Services or designate;
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Clerk, means the Clerk of the Township of Scugog or designate;
Clothing Donation Box, means a container designed or intended for
receiving donations of clothing or other items and shall include but not be
limited to a box, trailer or other vehicle.
Commissioner, means the Commissioner of Infrastructure and
Development for the Corporation of the Township of Scugog or designate;
Council, means the Council of The Corporation of the Township of Scugog;
Dealers in Second Hand Goods, includes Persons who go from house to
house or along Highways for the purpose of collecting, purchasing or
obtaining second-hand goods;
Direct Heat, means a heating source such as heating ducts or any
appliances that give off heat;
Director of Parks and Recreation, means the Director of Parks and
Recreation for the Corporation of the Township of Scugog or designate;
Driver, means a Person who drives a Taxicab, Licensed or required to be
Licensed under this By-Law;
Dwelling Unit, shall have the same meaning as in the Township of Scugog
Zoning By-Law Number 75-80, as amended;
Event, means but is not limited to; a special event, carnival, midway show,
street festival, fireworks display, parade or other temporary event held by or
on the behalf of a recognized registered charity or other not for profit
organization, where the general public has access to, whether or not a fee
is paid for admission or for any activity at any such event, but will not include
a special event, sale or other thing held exclusively and wholly inside a
permanent structure;
Extended Special Event, means an Event that is held on a daily, weekly or
monthly basis at the same location and such Events shall include but not be
limited to, Farmers Markets and Canada Day celebrations. Such Events
shall be restricted to properties that are zoned as Commercial or Industrial,
Rural lands with a minimum of twenty five acres or upon lands owned by the
Municipality, Region or Province;
Farmers Market, means a Special Extended Event which is an Indoor or
Outdoor Market at which no less than five vendors operate and where the
sale of fruits, vegetables, eggs and other produce, commonly associated
with agriculture, makes up a minimum of eighty percent (80%) of the
vendors;
Fire Chief, means the Chief of the Township of Scugog Fire Department
and will include any designate to the Fire Chief;
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Fireworks, means a device containing combustible chemicals that if ignited
will produce spectacular effects, explosions and/or audible effects but does
not include a firecracker or christmas cracker, safety flare, signaling device
for marine, military, railway, Highway purposes or any other device
constructed to assist in the prevention of occupational hazards;
Fireworks Display, means a public display of detonation of Fireworks;
Fireworks Display Permit, means a permit issued pursuant to the
provisions of this By-Law, prescribed by the Clerk and issued by the Fire
Chief;
Firecracker, means a loud, explosive device made for the sole purpose of
giving off an audible effect and shall not include christmas crackers, safety
flares, signaling devices for marine, military, railway, Highway purposes or
any other device constructed to assist in the prevention of occupational
hazards;
Gas Certificate, when used in conjunction with a Refreshment Vehicle,
means a certificate issued by a Provincially authorized propane or natural
gas fitter, as the case may be, not more than thirty (30) days prior to the
submission of the License application to the Township certifying that the
Refreshment Vehicle to which the License application relates complies with
the applicable equipment and performance standards for propane or natural
gas, as prescribed by the Province of Ontario;
Group Home Type 1, means a single housekeeping unit in a residential
dwelling in which 3 to 6 unrelated residents excluding staff or receiving
family, live as a family under responsible supervision consistent with the
requirements of its residents and includes a home licensed or approved
under the Provincial statute as a Special Care Residential Home, Supportive
Housing Program, Adult Community Mental Health Program, Children's
Residence, Accommodation Services for the Developmentally Handicapped,
Satellite Residences for Seniors and Homes for Physically Disabled Seniors,
in compliance with municipal by-laws.
Group Home Type 2, means a single housekeeping unit in a residential
dwelling or dwelling unit within a commercial building occupied by 4 to 10
unrelated residents excluding staff or receiving family, which shall be
maintained and operated primarily for:
(i)
persons who have been placed on probation under the provisions of
the Probation Act, the Criminal Code of Canada or any Act passed to
replace the foregoing Act, the Criminal Code of Canada, or any Act
passed to replace the foregoing Acts;
(ii)
persons who have been released on parole under the provisions of
the Ministry of Correctional Services Act, or Parole Board of Canada
or any Act passed to replace the foregoing Acts;
(iii)
persons who have been charged under the Young Offenders Act but
who have been placed in open or secure custody;
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(iv)
persons who require temporary care, and transient or homeless
persons;
(v)
persons requiring treatment and rehabilitation for addiction to drugs or
alcohol; or
(vi)
persons housed in a group home that satisfies all the requirements of
a Group Home Type 1 except that it accommodates in excess of 6
residents.
Hawker and Peddler, shall be interchangeable terms and shall mean and
include a Person who goes from place to place or to a particular place with
goods, wares or merchandise for sale, or who carries and exposes samples,
patterns or specimens of any goods, wares or merchandise which is to be
delivered in the municipality;
He and His, shall be deemed to include "She and Hers";
Hearing, includes a hearing or an opportunity given for a hearing, where an
applicant or licensee may show cause why the license should be granted or
not refused, revoked or suspended with or without conditions;
Highway, includes a common and public Highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is
intended for or used by the general public and includes the area between
the lateral property lines thereof;
Ice Cream Cart, means a Refreshment Vehicle which is propelled by
muscular power and from which ice cream, frozen milk, frozen yogurt or
frozen water products are sold;
Inspector, means any Person authorized by any governmental agency to
perform any duty imposed upon him or her to ensure the safety and
condition of any machinery, equipment, lands or other thing used at any
event;
License, means a License issued under the provisions of this By-Law;
Limousine, means a motor vehicle which is kept for hire for the conveyance
of Passengers solely on an hourly, daily or weekly basis, which does not
contain a Taximeter or a two-way radio or similar device. Notwithstanding
the foregoing, the term Limousine shall never include a Taxicab in respect of
which a License has been issued to the Owner, under the provisions of this
By-Law, nor shall it include a bus, ambulance or hearse.
Medical Officer of Health, means the Medical Officer of Health for the
Regional Municipality of Durham, duly appointed under the Public Health
Act, R.S.O. 1990, c. H.7, as amended, and includes any staff official acting
on his/her behalf;
Motor Vehicle shall have the same meaning as the Ontario Highway Traffic
Act and shall include implements of husbandry;
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Municipal Law Enforcement Officer, means a Municipal Law Enforcement
Officer appointed to enforce the By-Laws of the Township of Scugog;
Number Plate, means a metal identification plate or an identification sticker
that is issued along with the Owner's License;
Officer, means a Municipal Law Enforcement Officer appointed by Council
and/or any Peace Officer described by the Criminal Code of Canada and
shall include a Police Officer and a Provincial Offences Officer.
Operator, means any Person who alone or with others, operates, manages,
supervises, runs or controls a business, trade or calling, and "operate",
"operation" and other words of like import or intent shall be given a
corresponding meaning;
Owner, with respect to business, means the Person, company or
partnership that carries on the business and whose name appears on the
license issued by the Township for such business pursuant to this By-Law;
Owner, with respect to premises, means the registered Owner of the land
on which the premises is situated, and includes a trustee acting on behalf of
the registered Owner, the estate of a registered Owner and a Person with a
leasehold interest in the land;
Parkland, means all land used by the Township for public park purposes
including any and all buildings, structures, facilities, erection, improvements
and equipment of any nature or kind located in or on such land, for so long
as the land is used for public park purposes;
Passenger, means any Person in a Taxicab other than the Driver;
Permitted Area, means that area of the Township of Scugog that is zoned;
Person, includes an individual, firm, corporation, association or partnership;
Police Officer, means a Police Constable sworn in and for the Province of
Ontario and shall include a Constable of the Royal Canadian Mounted
Police;
Property, means real property, whether it is owned by an individual or any
corporation and shall include any property that is privately owned or owned
by the Corporation of the Township of Scugog;
Refreshment Vehicle, includes any Vehicle from which refreshments are
sold for consumption by the general public and shall include but is not
limited to chip trucks, coffee trucks, hot dog carts, Ice Cream Carts, ice
cream trucks and pizza trucks;
Resident, means a Person who resides in or has a regular place of
business in the Township;
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Safety Standards Certificate, when used in conjunction with a
Refreshment Vehicle means a certificate used by a Provincially authorized
motor vehicle inspection mechanic not more than thirty (30) days prior to the
submission of the License application to the Township certifying that the
refreshment Vehicle to which the License application relates complies with
the applicable equipment and performance standards set out in the
regulations made out under the Highway Traffic Act;
Salvage Yard, means an establishment where goods, wares, merchandise,
articles or things are processed for further use and where such goods,
wares, merchandise, articles or things are stored wholly or partly in the open
and includes a junk yard, a scrap metal yard and a motor vehicle wrecking
yard or premises.;
Second Hand Goods, includes waste paper, rags, bones, bottles, bicycles,
automobile tires, old metal and other scrap material and salvage.
Services, includes activities, facilities, performances, exhibitions, viewings
and encounters;
Services Designed to Appeal to Erotic or Sexual Appetites or
Inclinations, includes:
·
Services of which a principal feature or characteristic is the nudity or
partial nudity of any Person;
·
Services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy" or any other word or any other picture, symbol or
representation having like meaning or implication is used in any
advertisement;
Site Plan, means a description including drawings where and when
required indicating where an event on property will be located, and shall be
included as part of any License application;
Tariff Card, means a card, issued by the Township, displaying the rates or
fares to be charged under this By-Law for the conveyance of goods and
Passengers;
Taxicab, means a motor Vehicle kept or used for hire for conveyance of
goods and Passengers, which has Vehicle seating for not more than seven
Persons, but does not include a Limousine, bus, ambulance or hearse;
Taxicab Plate, means a metal plate issued by the Township bearing a
number to identify a Taxicab in respect of which a License has been issued;
Taxicab Plate Number, means the number on the Taxicab Plate;
Taxi Service, means the operation of a service providing Taxicab motor
Vehicles with Drivers used for hire for the conveyance of goods or
Passengers;
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Taximeter, means an instrument or device attached to a Taxicab which
measures, mechanically or electronically, the distance driven and the
waiting time upon which a fare may be charged and which computes the
amount of the fare that may be charged for any trip for which such a fare is
chargeable;
Township, means The Corporation of the Township of Scugog;
Trailer, shall include all trailers, roadside stands, Vehicles or other
conveyances;
Trip Record, means a record of the following information:
·
the provincial motor Vehicle permit number of the Taxicab;
·
the Taxicab Plate Number of the Taxicab;
·
the name, address and License number of the Driver;
·
the Taximeter readings at the start and finish of a Taxicab Driver's
working period;
·
the date, time and location of the beginning and termination of each
trip, including any stops requested by a Passenger en route; and
·
the amount of rates and fares collected for each trip.
Vehicle, includes a motor Vehicle, trailer, traction engine, farm tractor, road
building machine and any Vehicle drawn, propelled or driven by any kind of
power, including muscular power, but does not include a motorized snow
vehicle or a street car.
Part 2
GENERAL PROVISIONS
2.1
Licensing - Powers
The power to License, regulate and govern a business includes the power
to:
a)
prohibit the carrying on of or engaging in the business without a
License;
b)
refuse to grant a License or to revoke or suspend a License;
c)
to fix the expiry date for a License;
d)
to define classes of businesses and to separately License, regulate
and govern each class;
e)
to impose conditions as a requirement of obtaining, continuing to hold
or renewing a License, including conditions;
·
requiring the payment of License fees;
·
restricting the hours of operation of the business;
·
allowing at any reasonable time, the municipality to inspect
places or premises used for the business and the equipment,
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Vehicles and other Personal property used or kept for hire in the
carrying on of the business;
·
prohibiting places or premises used for the business to be
constructed or equipped so as to hinder the enforcement of the
By-Law;
·
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 License;
g)
to impose conditions, including special conditions, as a requirement of
continuing to hold a License at any time during the term of the
License;
h)
to License, regulate or govern the place or premises used for the
business and the Persons carry 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 Licensed business of additional fees at any time during the term of
the License for costs incurred by the municipality attributable to the
activities of the business.
2.2
Administration - of By-Law
Unless otherwise indicated, the administration of this By-Law is assigned to
the Clerk who may delegate the performance of his/her functions under this
By-Law from time to time as required.
2.3
Enforcement - By-Law Enforcement
This By-Law shall be enforced by a Municipal Law Enforcement Officer and
any Police Officer sworn for the Province of Ontario, where applicable.
2.4
Part 2 - applies to - all other Parts
All of the regulations contained in this Part of the By-Law shall apply to all
Licenses and renewal Licenses required under the provision of this By-Law,
except as otherwise provided.
2.5
License - display
No Person holding a License issued pursuant to this By-Law shall fail to:
a)
with respect to premises, display the License in a conspicuous place
in or on the said premises; or
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b)
with respect to a Vehicle, display the License in a conspicuous place in
or on the said Vehicle; or
c)
with respect to an individual, maintain the License on their Person
while conducting the activity for which the License was issued.
2.6
License - application
Applications for all Licenses issued under the provision of this By-Law and
applications for renewal of such Licenses:
a)
shall be made to the Clerk on forms to be provided;
b)
when received by the Clerk, will be stamped with the date and time of
receipt and processed in the order in which they are received; and
c)
will be processed giving priority to applications for renewal of Licenses
for a particular year provided the application for renewal is received by
the Clerk on or before the last business day of the Corporation in the
preceding year.
2.7
License - application - full information required
Every Applicant shall provide in full, at the time the application is submitted,
all of the information required on the application form as well as:
a)
payment of the prescribed License fee set out in the Fees & Charges
By-Law; and
b)
any other document or information as may be required in any other
Part of this By-Law.
2.8
License - application - subject to approval
Every application will be subject to investigations and approvals from such
municipal or provincial departments or agencies as the Clerk deems
necessary or as directed by Council, including but not limited to: Police,
Durham Region Health Department, Fire Department, Building Department,
By-Law Enforcement.
2.9
Contravention - other laws - prohibited
The issuance or renewal of a License is not intended and shall not be
construed as permission or consent by the Corporation for the holder of the
License to contravene or to fail to observe or comply with any law of Canada
or Ontario or any By-Law of the Corporation.
2.10 Revocation - License
a)
The Clerk may revoke a License which is voluntarily surrendered by
the holder for revocation.
b)
The Clerk may revoke a License at any time when the business fails to
meet any provision of this By-Law, any other Municipal By-Law, any
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Federal or Provincial Statute or other legislation.
c)
The Clerk shall revoke any License which was obtained by any mistake
or misstatement and any fees paid for such License shall be forfeited.
2.11 License - property of Township - transfer - prohibited
Every License, at all times, is owned by and is the property of the
municipality and 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
License, and no License may be sold, purchased, leased, mortgaged,
charged, encumbered, assigned, pledged, transferred, seized, distrained or
otherwise dealt with.
2.12 Information - held by Clerk- open to inspection
Any application, comment, recommendation, information, document or thing
in the possession of the Clerk pursuant to the provisions of this By-Law shall
be made available by the Clerk for an inspection:
a)
by any Person employed in the administration or enforcement of this
By-Law; and
b)
by any other Person upon the consent, satisfactory to the Clerk, of the
Person, civic department, board, commission, authority or other
agency which produced or submitted the application, comment,
recommendation, information, document or thing;
subject only to the limitations imposed by the Municipal Freedom of
Information and Protection of Privacy Act.
2.13 Inspections - other designated Persons
Subject to section 2.15 of this Part of this By-Law, any Police Officer or any
Person designated by the Council to enforce this By-Law may, at all
reasonable times and upon producing proper identification, enter and inspect
any premises or any part of any premises Licensed under the provisions of
this By-Law and any such License shall be surrendered for inspection.
2.14 No Person - Obstruct - Person who enforces
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
Person exercising any power or performing a duty under this By-Law.
2.15 Inspections - dwelling - Police - search warrant
Except under the authority of a search warrant under the Provincial Offences
Act or in accordance with the provisions of s.430 of the Municipal Act, 2001,
a Police Officer or any Person designated by the Council to enforce this By-
Law shall not enter any room or place actually used as a dwelling without
requesting and obtaining the consent of the occupier, first having informed
the occupier that the right of entry may be refused and entry made only
under the authority of a search warrant.
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2.16 Records - to be kept - as required
No Person shall fail to keep any and all of the records required to be kept
under the provisions of any section of any Part of this By-Law.
2.17 Deficiencies - specified - notice to - Applicant
Where any determination is made that any premises or Person named in the
application does not receive the approvals required by this By-Law, the
reasons for the lack of the required approvals shall be specified, and the
Clerk shall notify the Applicant of all such reasons.
2.18 License - not to be issued or renewed - where By-Law contravened
No License 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 Corporation, or any applicable
Provincial or Federal legislation.
2.19 License - term of - expiry
A License issued under the provisions of this By-Law shall be valid only for
the period of time for which it was issued. All Licenses shall expire annually
on December 31st, at 11:59 p.m.
2.20 License - administrative fee - License refused or withdrawn
All business License fees are non-refundable if the application is refused for
any reason or is withdrawn by the Applicant prior to the issuance of a
License.
2.21 License - application deemed expired
Any business License application that has not received approvals from all
municipal or provincial department or agencies as the Clerk deems
necessary within 90 days from the date of the filing of the application,
because of the Applicant's inability to comply with the requirements to
become Licensed, shall be deemed to have expired unless the application is
referred to the Council under section 2.26 of this By-Law.
2.22 License - address - notification of change
Every Licensee shall notify the Clerk within 6 days of any change in the
business or home address.
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2.23 Issuance, Renewal - conditions
Every License 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 License, all of which shall be performed and observed by the
Applicant, holder of the License or by the Operator of the business:
a)
the Applicant or License holder shall pay the applicable License fee;
b)
the Applicant or License holder shall allow, at any reasonable time, the
Corporation 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 License 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 License holder affords reasonable
cause to believe that the Applicant or License holder will not carry on
or engage in the business in accordance with the law or with honesty
and integrity;
e)
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
Regulations thereunder, and any By-Law of the Corporation
prescribing standards for the maintenance and occupancy of property
within the Township;
f)
where premises in which the business is located are altered and a
building permit is required to carry out the alterations, the premises, as
altered, shall be in accordance with the Building Code Act, and the
Regulations thereunder, and any by-law of the Township prescribing
standards for the maintenance and occupancy of property within in the
Township;
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 Owner or Operator shall have a contractual or proprietary interest
in the lands and premises upon which the business is to be operated
which will enable the Owner or Operator to carry on the business;
i)
the Applicant or License holder shall not carry on activities that are in
contravention of this By-Law.
j)
the Applicant or License 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 Offences Act, including any
extension of time for payment ordered under that section.
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2.24 Licensing powers - Clerk - issue or renew
The Clerk may issue or renew a License where the requirements and
conditions of this By-Law have been fulfilled.
2.25 Licensing powers - delegation to Council
Council shall make the final decisions with respect to refusing to issue,
refusing to renew, suspending or revoking a License under this By-Law.
2.26 Referral to Council
a)
At any time before the Clerk either issues or renews a License, or
recommends to refuse to issue or renew a License, he/she may, or
shall on the request of the Applicant, refer the application for such
issuance or renewal of a License to the Council.
b)
Where there is a referral to the Council pursuant to this section, the
Council shall hold a meeting for the purpose of directing the Clerk to
issue or renew the License, or not to issue or renew the License, and
the Council, when directing the Clerk, may require the imposition of
conditions specific to the License regarding compliance by the
Applicant with any requirements of this By-Law.
2.27 Recommendation - Council - Refuse to issue - notice - Hearing request
a)
Where the Clerk intends to recommend to the Council to refuse to
issue, to refuse to renew, to revoke or suspend a License, he shall give
notice of his intended recommendation for refusal to the Applicant or
License holder, together with the reason for his/her intended
recommendation, as well as to such other Persons who may have an
interest in the recommendation.
b)
Within seven (7) days of mailing of the Clerk's notice in (a) above, the
Applicant or License holder may request a Hearing before the Council.
Such request for a Hearing shall be in writing and must be received by
the Clerk no later than ten (10) days after the Clerk mailed the notice to
the Applicant.
2.28 Refusal - suspension - revocation - notice of Hearing - content
Where the Clerk receives a written request for a Hearing in compliance with
Section 2.27(b), the Clerk shall schedule a Hearing before the Council and
shall provide notice of the Hearing to the Applicant or License holder. The
notice of Hearing shall:
a)
contain a reference to sections 150 and 252 of the Municipal Act, 2001
under which the Hearing will be held;
b)
contain a reason or reasons for the proposed refusal, suspension or
revocation;
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c)
specify the time, place and purpose of the Hearing of the Council at
which the proposed refusal, suspension or revocation will be
considered;
d)
inform the affected Applicant or the affected holder of the License that
he 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 Applicant or affected holder of the License will not
be entitled to any further notice in the proceeding;
e)
afford the affected Applicant or the affected holder of the License a
reasonable opportunity, before the Hearing, to show or achieve
compliance with all lawful requirements for the retention of the License;
and
f)
be given at least 15 days notice prior to the date of the Council
Hearing.
2.29 Refusal - suspension - revocation by Council - Hearing
At the Hearing, the Council may suspend, revoke or refuse to issue any
License that may be issued under the provisions of any Part of this By-Law:
a)
for any reason that would disentitle the holder to a License if he were
an Applicant;
b)
where the holder of the License or Applicant is in breach of a
conditions of the License or of this By-Law;
c)
if a report is filed subsequent to the date of the issuance of the License
or by any department or agency which provided its approval originally
to the issuance of the License which indicates that a Licensed
premises no longer complies with any of the provisions of this By-Law;
d)
upon such grounds as are set out in this By-Law;
e)
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.
2.30 Suspension - interim - pending - during meeting
Where there is a referral or request for a Hearing to the Council, Council
may, where Council considers it to be necessary and in the public interest,
immediately suspend the License for a period not exceeding 15 days.
2.31 Suspension - interim - extension
Council may, at the meeting mentioned in Section 2.26 of this Part of the By-
Law, extend the interim suspension until the Council disposes of the
proposed suspension or revocation.
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2.32 Suspension - interim - notice - content
The notice mentioned in Section 2.28 of this By-Law shall inform the holder
of the License of any interim suspension and the authority of Council under
Sections 2.30 and 2.31 of this By-Law.
2.33 Council - proceedings
At a Hearing, Council:
a)
shall afford the affected Applicant or holder of the License an
opportunity, at the Hearing, of making submissions in respect of the
matter that is the subject of the Council's proceedings;
b)
shall afford any Person, department, board, authority or agency given
notice under Section 2.28 of this By-Law and in attendance at the
Hearing, or any other Person at the discretion of Council, an
opportunity to make submissions in respect of the matter that is the
subject of Council's proceedings;
c)
may close a portion of the Hearing to the affected Applicant or License
holder only for the purposes of receiving confidential legal advice;
d)
may close all or a portion of the Hearing to the public if Council is of
the opinion that intimate financial or personal matters may be disclosed
of such a nature, having regards to the circumstances, that the
desirability of avoiding disclosure thereof in the interests of any Person
affected or in the public interest, outweighs the desirability of adhering
to the principle that the Hearing be open to the public;
e)
shall give due consideration to the submissions made to it;
f)
shall take such action to refuse, suspend or revoke the application or
License, or not to refuse, suspend or revoke the application or License,
as Council considers proper in the circumstances; and
g)
shall give written notice of its decision to the Clerk, to the Applicant or
to the License holder, and to any Person, department, board, authority
or agency in attendance at the Hearing, together with reasons for its
decision.
2.34 Council - decision - immediate effect
A decision of the Council refusing, suspending or revoking an application or
License takes effect immediately upon the rendering of such decision by
Council.
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2.35 Nuisance Control
Every Person required to be Licensed under this By-Law, in addition to any
other provisions or requirements expressed elsewhere in this By-Law, shall
comply with the following requirements:
a)
at all times maintain and keep safe and clean and in good condition
and repair any object, Vehicle, place of business or premises for which
the License is issued;
b)
shall not breach or violate or cause, suffer, or permit any breach or
violation of any By-Law of the Township or of any local board thereof,
or of any statute, Orders-in-Council, or Regulation of the Legislature of
the Province of Ontario or the Parliament of Canada or of any Agency,
Board or Commission thereof, in, upon, or in connection with the
business or premise for which, or in relation to which, such License
was issued;
c)
shall not cause or commit any nuisance to arise in, or in connection
with the object, Vehicle, place of business or premises for which the
License was issued;
d)
shall not cause or permit any shouting, noise or other disturbance on,
in or in connection with the object, Vehicle, place of business or
premises for which the License is issued, which is unnecessary,
unreasonable or contrary to any municipal By-Law prohibiting the
same, and if any such shouting, noise or other disturbance occurs, the
Licensee shall immediately take steps to cause the same to be abated;
e)
shall not cause or permit any obstruction on any Highway, lane or
public place in front of or adjoining the place of business or premises
for which the License was issued, unless authorized by the Township;
f)
shall not cause or permit any profane, offensive or abusive language or
disorderly conduct in, on, or in connection with any Vehicle, place of
business or premises for which the License was issued.
Every Person who acquires a License that is issued under this By-Law is
responsible for the due performance and observance of all the provisions of
this By-Law by himself/herself and by his/her employees and all other
Persons in or upon the premises which are Licensed under the provisions of
this By-Law.
2.36 Fees
Licencing fees shall be as set out in the Fees & Charges By-Law.
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Part 3
PENALTIES
3.1
Contravention
Any Person who contravenes any section of this By-Law is guilty of an
offence and upon conviction is liable to fine or penalty for each offence,
exclusive of cost as prescribed by the Provincial Offices Act, R.S.O. 1990.
Part 4
SEVERABILITY
4.1
Integrity of By-Law - severability
Notwithstanding that any Part, section or sections of this By-Law, may be
found by any court of law to be invalid in whole or in part, the validity of other
sections, paragraphs, clauses or portions of any of them contained in this By-
Law shall not be affected thereby and are considered to be valid and
enforceable.
Part 5
REPEAL - ENACTMENT
5.1
By-Laws - previous
The following By-Laws and any amendments thereto are hereby repealed:
By-Law 9-01
Adult Entertainment Parlours
By-Law 10-01
Fireworks
By-Law 11-01
Salvage Yards and Shops
By-Law 17-01
Hawkers and Peddlers
By-Law 106-01
Refreshment Vehicles
By-Law 107-01
Taxi Cabs
5.2
Current Licenses - valid - until revoked - expiry
Any License or permit issued in 2005 under the previous By-Laws as stated
in Section 5.1 to this By-Law, shall be deemed to have been issued under
this By-Law and will be valid until such License or permit is revoked or until it
expires on December 31, 2005.
5.3
Continuity of previous By-Law number - certain signs
Any By-Law number of the predecessor By-Laws to this By-Law that appears
on an existing sign that was required to be posted in accordance with the
provisions of the said predecessor By-Law(s) is to be read and construed as
having the same force and effect and validity as does the By-Law number
assigned to this By-Law.
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5.4
Commencement
a)
This By-Law shall come into full force and effect on the day of passing.
Part 6
INTERPRETATION
6.1
This By-Law shall be read in conjunction with the Township of Scugog
Zoning By-Law 75-80, as amended or any successor By-Law and if
any provision of this By-Law and the Zoning By-Law conflict, the
provisions of the Zoning By-Law shall take precedence.
6.2
No provision of this By-Law shall take precedence over any provision
of the Township of Scugog Noise By-Law 45-82, as amended, or the
Nuisance Noise By-Law 22-99, as amended, or any of their successor
By-Laws or other applicable law.
Part 7
SHORT TITLE
7.1
This By-Law may be referred to as the "Business Licencing By-Law".
Part 8
ADULT ENTERTAINMENT PARLOUR
8.1
Application - License - renewal - changes
No Person shall, except in accordance with the provisions of this By-Law:
a)
Be an Owner or Operator of an Adult Entertainment Parlour or be an
Attendant of an Adult Entertainment Parlour unless he procures a
License to do so, except in accordance with the provisions of this By-
Law.
b)
For the purposes of this By-Law a License applied for by or issued to a
Burlesque Entertainer shall be referred to as a BURLESQUE
ENTERTAINER LICENSE, but such Persons shall comply with all
provisions of the By-Law applicable to Attendants, except where
otherwise specifically provided.
c)
On every filing of an application for an Owner's, Operator's or
Attendant's License or for the renewal thereof, the Applicant shall
attend in Person and not by an agent at the Clerk's office and shall
complete and submit the prescribed application forms and shall furnish
to the Clerk such information as the Clerk or Council may direct.
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d)
In the case of an Adult Entertainment Parlour owned or operated by a
partnership, the attendance required under subsection (1) of this
Section shall be by one of the partners and in the case of an Adult
Entertainment Parlour owned or operated by a corporation such
attendance shall be by an officer of the Corporation.
e)
The application fee or renewal fee as set out more particularly in the
Fees & Charges By-Law shall be submitted at the same time as the
filing of the application or the renewal thereof.
f)
Every individual Applicant for an Owner's License or Operator's
License and every Applicant for an Attendant's License shall submit
with his application two passport-size photographs of his face, one of
which shall be attached to the License, and the other shall be filed with
the Clerk, and upon application for renewal of any License, the
Applicant shall furnish new photographs if required to do so by the
Clerk or Council.
g)
Every individual Applicant for an Owner's License or Operator's
License and every Applicant for an Attendant's License, shall on his
application, state his date of birth.
h)
Every Applicant referred to in subsection (1) of this section, and every
shareholder, partner or other Person referred to in sections 8, 9 or 10
of this By-Law, shall file with or produce to the Clerk proof of his age, if
required to do so by the Clerk or Council.
i)
No individual shall be Licensed under this By-Law unless:
·
he is 18 years of age or over, or 19 years of age or over in the
case of a License relating to an Adult Entertainment Parlour
Licensed under the Liquor License Act (Ontario);
·
a citizen of Canada or a landed immigrant.
8.2
Application - Corporations
a)
Every Corporation applying for an Owner's License shall submit to the
Clerk at the time of its application a copy of its articles of incorporation
or other incorporating instrument, duly certified by the proper
government official or department, together with a Return in a form
supplied by the Clerk, which Return shall contain a list of all the
shareholders of the Corporation.
b)
Where the shares of a Corporation applying for an Owner's License
are held in whole or in part by a second Corporation, the Applicant
Corporation shall file with the Clerk a Return in a form supplied by the
Clerk, which Return shall contain a list of all the second Corporation's
shareholders, and if such Return discloses that the shares in such
second Corporation are in turn held in whole or in part by a third
Corporation then the said Applicant shall also file such a Return in
respect of such third Corporation listing its shareholders, and so on
until the names of all living Persons are shown and identified as the
shareholders of any and all corporations having interest, direct or
indirect, in the shares of the Applicant corporation.
c)
All Returns required by subsection (2) of this section shall be filed with
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the Clerk at the same time as the filing of the application for the
License.
d)
On every application for an Owner's License by a Corporation the
Applicant shall state the date of birth of every shareholder or other
Person having a beneficial interest of any kind in the shares of the
Applicant Corporation or in any of the Corporations referred to in
subsection (2).
e)
Where a Corporation is the holder of an Owner's License the
Corporation shall forthwith notify the Clerk in writing of all transfers of
existing shares and of the issue of any existing or new shares of the
capital stock of the Corporation, and any such transaction involving the
shares of any Corporation referred to in subsection (2), and Council
may, in its discretion, determine whether the License shall be revoked.
f)
Where, by a transfer of existing shares, or by an issue of new or
existing shares, the controlling interest in a Corporation holding an
Owner's License is determined by Council to have changed hands,
such License shall be terminated forthwith, and Council may refuse to
issue a new License if it determines that it is in the public interest so to
do.
g)
Every Owner which is a Corporation shall, in every year, on or before
the time at which it applies for the renewal of its License, file with the
Clerk an Annual Return on a form supplied by the Clerk.
h)
Where the shares of a corporate Owner are held in whole or in part by
a second corporation, such Owner shall file with the Clerk at the same
time as provided in subsection (7) of this section an Annual Return in
respect of the second Corporation and if the shares in such second
Corporation are in turn held in whole or in part by a third Corporation,
then such Owner shall likewise file such an Annual Return in respect of
such third Corporation and so on until the names of all living Persons
are shown and identified as the shareholders of all and all
Corporations having an interest, direct or indirect, in the corporate
Owner.
i)
For the purpose of this section, "shareholder" and any words referring
to the holding of shares includes all Persons having a beneficial
interest of any kind in the shares of the Corporation.
8.3
Partnership
a)
Persons associated in a partnership applying for an Owner's or
Operator's License shall file with the Clerk at the time of their
application a declaration in writing signed by all the members of the
partnership, which declaration shall state:
·
the full name of every partner and address of his ordinary
residence;
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·
the name or names under which they carry on or intend to carry
on business;
·
that the Persons therein named are the only members of the
partnership; and
·
the mailing address for the partnership.
b)
If any member of a partnership applying for an Owner's License is a
Corporation, such Corporation shall, for the purposes of section 8 of
this By-Law, be deemed to be a Corporation applying for an Owner's
License and if such License is issued to the partnership such
Corporation shall, for the purposes of the said section, be deemed to
be a Corporation which holds an Owner's License.
c)
It shall be the duty of every member of a partnership to advise the
Clerk immediately in writing of any change in the membership of the
partnership and of any other change in any of the particulars relating to
the partnership or its business which are required to be filed with the
Clerk, and Council may, in its discretion, determine whether the
License or Licenses, in the event of a Corporation partner, shall be
revoked or terminated and whether or not a new License should be
issued to the partnership as presently constituted.
8.4
Application - Company
a)
Every Person applying for an Owner's , Operator's or Attendant's
License who carries on or intends to carry on his business in or relating
to an Adult Entertainment Parlour under a name or designation other
than its own name or under his own name with the addition of the
expression "and company" or some other expression indicating a
plurality of members in the firm shall, at the time of the filing of his
application, file with the Clerk on a declaration, which declaration shall
state:
·
his full name and address of his ordinary residence;
·
any name or designation under which he carries on or intends to
carry on business, and the date when the name or designation
was first used by him;
·
that no other Person is associated with him in partnership;
·
the date of his birth; and
·
the mailing address for his business.
b)
Any Person to whom this section relates shall notify the Clerk
immediately of any change in any of the particulars required to be filed
with the Clerk under subsection (1) of this section.
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8.5
Application - Owner's License
a)
Every Person applying for an Owner's License shall file with the Clerk
at the time of filing his application, or immediately thereafter, and upon
filing his application for renewal of License, the following:
·
a list showing the names of all Operators and Attendants
employed or providing Services in his Adult Entertainment
Parlour and all such Persons intended or expected by him to be
employed or to provide Services in his Adult Entertainment
Parlour and shall thereafter maintain a list showing at all times
the names of all Operators and Attendants employed or
providing Services in his Adult Entertainment Parlour. The
original of the said list shall be retained by the Owner or
Operator of the Adult Entertainment Parlour for a period of six
months after its termination.
·
documentation satisfactory to Council demonstrating the
Applicant's right to possess or occupy the premises used by him
as an Adult Entertainment Parlour;
·
a copy of every written contract of service, contract for Services,
or other document constituting or pertaining to the relationship
between Owner and Operator or an Adult Entertainment Parlour
or between Owner or Operator and an Attendant providing
Services at an Adult Entertainment Parlour;
·
a copy of a list of all Services provided at the said Adult
Entertainment Parlour and of the respective fees charged for
Services including admission fees and any other payment
charged in respect of entry to the Adult Entertainment Parlour,
and, if any charge be based on a computation of time, the hourly
rate shall be shown on such list. At its discretion, Council may
approve or vary the list and shall endorse the Owner's License
accordingly. Thereafter amendments to the list shall be made,
an application by the Owner to the Clerk, only with the approval
of Council and Council may at its discretion refuse to amend the
endorsement on the License;
·
a schedule showing the hours of business to be observed by him
in the carrying on of his operation of the Adult Entertainment
Parlour in compliance with the provisions of this By-Law. The
schedule shall state specifically the opening and closing time of
the said Adult Entertainment Parlour for each day of the week.
8.6
Applicant - Legal name - address
a)
Every Owner, Operator or Attendant applying for a License must use
his own legal name in making such application and subject to
subsection (2) of this section no such License shall be issued to any
Person in any name other than his own legal name.
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b)
Every Owner, Operator or Attendant intending to use some name or
designation other than his own may, at the time of the issue of his
License, or at the time at which he files with the Clerk notice of
intention to use such name or designation, have endorsed on his
License such name or designation.
c)
Every Owner, Operator or Attendant who changes his address shall,
within two days after such change, attend at the Clerk's office and
notify the Clerk of such change of address and produce his License for
the change to be entered thereon.
8.7
Designated locations
a)
No License shall be issued or renewed under this By-Law unless:
·
the Adult Entertainment Parlour is located in a Permitted Area
and is not located closer than 100 metres measured on a
continuous path over the shortest distance from a residence or
residential zone; and
·
the Applicant or Owner is Licensed:
·
under the Township licensing By-Law to operate a
victualing house and the License is in good standing; or
·
under the Liquor License Act, R.S.O. 1990, c. L.19, as
amended.
8.8
Number of Licenses authorized
a)
A separate Owner's License shall be taken out in respect of each Adult
Entertainment Parlour.
b)
The number of Owner's Licenses which may be granted by Council in
respect of Adult Entertainment Parlours in the Township shall be
limited to one (1).
8.9
License - non transferrable
A License issued under this By-Law is not transferrable.
a)
No Owner's License shall be transferred. If an Owner sells, leases or
otherwise disposes of his Adult Entertainment Parlour or the premises
or part thereof upon or in which an Adult Entertainment Parlour is
operated, to any Person, his License in respect of such Adult
Entertainment Parlour or premises shall, notwithstanding any other
provision of this By-Law, terminate.
b)
The Clerk may in his/her discretion issue a new Owner's License to the
purchaser, lessee or other Person obtaining an interest in an Adult
Entertainment Parlour or the premises or part thereof upon or in which
an Adult Entertainment Parlour has been operated, subject also to the
following conditions:
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·
that the new Applicant qualify under all of the other provisions of
this By-Law, and that he comply with all of the requirements of
this By-Law relating to him;
·
that the new Applicant file with the Clerk all the documents
relating to Ownership and to his right to possess or occupy the
Adult Entertainment Parlour, all as required by the provisions of
this By-Law;
·
that the Applicant and the vendor file with the Clerk an executed
copy of a written agreement between the parties containing all
the details of the dealings between the parties in respect of such
Adult Entertainment Parlour or premises; and
·
that the agreement contain a statutory declaration, in a form
supplied by the Clerk, by both parties and a further statutory
declaration by the solicitor for the purchaser in a form supplied
by the Clerk.
c)
The making of a false or intentionally misleading recital of fact,
statement or representation in any such agreement or statutory
declaration required by subsection (2) hereof shall be deemed a
violation of the provisions of this By-Law.
d)
Notwithstanding subsections (1) and (2) hereof, the Clerk may in
his/her discretion refuse to issue a License or Licenses to a purchaser,
lessee or other Person obtaining an interest in an Adult Entertainment
Parlour in a transaction under this section when Council is of the
opinion that it is not in the public interest as determined by Council,
that such new License or Licenses should be issued.
e)
Upon the sale, lease or other disposition of an Adult Entertainment
Parlour, every Operator's License issued in respect of such Adult
Entertainment Parlour shall terminate, and Council may, subject to the
provisions of this By-Law, permit the purchaser, lessee or other Person
obtaining an interest in such Adult Entertainment Parlour to operate
the Adult Entertainment Parlour by an endorsement to that effect upon
an Owner's License issued to him or may issue a new Operator's
License to any Person previously Licensed as n Operator in respect of
such Adult Entertainment Parlour.
8.10 Inspection
a)
Every application for an Owner's or Operator's License, or for renewal
thereof, shall be submitted by the Clerk for a report to the Medical
Officer of Health and to the Officer and may also be referred to any
other government official or functionary for a report.
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b)
The Officer and the Medical Officer of Health and any other
government official or functionary duly appointed by Council may at
any reasonable time enter upon the business premises of the Applicant
or License to make an inspection to ensure that all the provisions of
this By-Law have been satisfied and shall, on completion of the
inspection, complete and file a written report.
c)
Upon an inspection under subsection (2) the Person or Persons
inspecting are entitled to free access to all books of account, vouchers,
correspondence and the records of the Person being inspected that
are relevant to the purposes of the inspection.
d)
No Person shall obstruct the Person or Persons inspecting or withhold,
destroy, conceal or refuse to furnish any information or thing required
by the Person or Persons inspecting for the purpose of the inspection.
8.11 Grounds - refusal to License, renew or revoke
a)
The Clerk may in his/her discretion, issue or refuse to issue any
License pursuant to this By-Law and is not bound to give any reasons
for issuing or refusing to issue a License.
b)
The Clerk in his/her discretion may revoke and cancel any License
issued under this By-Law and shall not be bound to give any reasons
for refusing or revoking a License.
8.12 Signs
a)
No Owner or Operator shall in any way or by any means advertise an
Adult Entertainment Parlour owned or operated by him, or publish
anything or erect, post or maintain any sign, notice or any other
publication or device, relating to or drawing attention to such Adult
Entertainment Parlour by any means or in any form whatsoever, except
as specifically permitted in this By-Law.
b)
No Owner or Operator shall permit or suffer any Person to advertise
any Adult Entertainment Parlour owned or operated by him or to
publish, erect or maintain any sign, notice, publication or device
relating to or drawing attention to such Adult Entertainment Parlour,
except as specifically permitted in the By-Law.
c)
Every Owner and Operator Licensed under this By-Law shall exhibit
over the street door or in the lower front window of the premises in
respect to which such Person's License is issued or in some other
conspicuous place on the exterior of such premises satisfactory to
Council, a sign issued by Council bearing the words "LICENSED
ADULT ENTERTAINMENT PARLOUR NO.
" (inserting after
"No." the Owner's License number).
"Comments regarding this
business may be made to the Clerk at the Township of Scugog".
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d)
Every Owner and Operator shall keep his License or duplicate copy of
such License, issued in respect of an Adult Entertainment Parlour,
exposed in a conspicuous place in every room and cubicle in the said
premises and also prominently displayed on the exterior of the
premises, at all times during the currency of the License, and the Clerk
shall issue duplicate copies of Licenses for such purpose.
e)
No Person other than a Licensed Owner or Operator may use the
phrase "Licensed", or any words indicating the provision of the
Services at an Adult Entertainment Parlour in pursuance of or in
connection with any business, trade, calling or occupation carried on in
an Adult Entertainment Parlour in the Township unless the Owner of
the premises and every Person operating such business nd every
Attendant engaged in providing Services at such premises, has been
duly Licensed so to do by Council.
f)
In addition to the sign referred to in section 25(1) there may be
displayed flat against the exterior portion of a wall or door of an Adult
Entertainment Parlour one non-illuminated sign of which the facade
shall not exceed two square feet in size, and which sign shall be no
more than three inches in depth, which sign may bear the following:
·
the Owner's proper legal name as shown on his License;
·
the name, if any, under which the Owner carries on business as
endorsed on his License in respect of the said Adult
Entertainment Parlour;
·
the address of the Adult Entertainment Parlour;
·
the telephone number of the Adult Entertainment Parlour but
other than the foregoing, there shall be no other letters, marks,
painting, contrasting colours, symbol, logo or any other mark
whatsoever on the said sign.
8.13 Conduct of Premises - operate - License
a)
No Adult Entertainment Parlour may open or operate or be operated
unless its Owner is Licensed as such under this By-Law.
b)
Where an Owner does not personally operate his Adult Entertainment
Parlour, every Person operating such Adult Entertainment Parlour shall
obtain a License so to do, but nothing herein relieves such an Owner
from the requirement that he obtain a License as Owner of such Adult
Entertainment Parlour.
c)
An Owner or Operator may, subject to the provisions of this By-Law, if
his License as an Owner or Operator is so endorsed by Council,
perform the Services of an Attendant in the Adult Entertainment
Parlour of which he is the Owner or Operator.
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d)
An Owner who operates his own Adult Entertainment Parlour shall
notify the Clerk of this fact at the time he obtains his License and his
License may be endorsed accordingly upon payment of the
appropriate License fee, and he shall notify the Clerk and shall have
the said endorsement amended before engaging any Operator to
operate his Adult Entertainment Parlour.
8.14 Conduct of Premises - Licensed Operator
a)
No Owner of an Adult Entertainment Parlour or premises shall permit
any Person other than a Licensed Operator to operate such Adult
Entertainment Parlour.
b)
No Owner or Operator shall permit the provision of Services upon or at
his Adult Entertainment Parlour or pursuant to the operation by him of
an Adult Entertainment Parlour, by any Person other than a Licensed
Attendant or other Person Licensed or authorized by or under this By-
Law so to do.
c)
No Owner shall permit any Person, other than an employee of such
Owner or a Person with whom the Owner has contracted, to operate
his Adult Entertainment Parlour or to provide Services in his Adult
Entertainment Parlour.
d)
No Attendant or other Person shall provide Services in any Adult
Entertainment Parlour unless the Owner of the said Adult
Entertainment Parlour, and the Operator, if any, of the said Adult
Entertainment Parlour is duly Licensed as Owner or Operator
respectively under this By-Law.
e)
No Operator not being the Owner of an Adult Entertainment Parlour
shall operate the said parlour unless the Owner of the said Adult
Entertainment Parlour is duly Licensed as Owner under this By-Law.
f)
No Operator may operate an Adult Entertainment Parlour unless he
first notifies the Clerk of the name of the Owner whose Adult
Entertainment Parlour he intends to operate and has endorsed upon
his License the said Owner's name accordingly, and every Operator
before operating any other Adult Entertainment Parlour shall notify the
Clerk of his intention so to do and have his License endorsed
accordingly.
g)
No Attendant or Operator shall be employed by or be under contract
for Services to more than one Owner or in respect of more than one
Adult Entertainment Parlour at the same time.
8.15 Conduct of Premises - Attendant
a)
No Person shall operate an Adult Entertainment Parlour without first
obtaining and retaining a License.
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b)
Every Owner or Operator referred to in subsection (1) who employs an
Attendant or the Services of an Attendant shall, within forty-eight hours
thereafter, notify the Clerk in writing that he has so employed the said
Attendant or the Services of the said Attendant, and when such
employment ceases it shall be the joint responsibility of the Owner or
Operator and the Attendant to notify the Clerk in writing to such effect
within forty-eight hours of the said cessation.
c)
No Attendant shall provide any service at an Adult Entertainment
Parlour unless his License is posted up in compliance with subsection
(2) hereof and unless he has notified the Clerk that he is providing
Services in such Adult Entertainment Parlour.
d)
Every Owner and Operator of an Adult Entertainment Parlour shall
ensure that every Attendant providing Services in an Adult
Entertainment Parlour owned or operated by him notifies the Clerk
before such Services commence, or so soon thereafter as is
reasonably possible and shall return the Attendant's License to him
upon the termination of his employment.
e)
No Owner, Operator or Attendant shall attend at or remain in any Adult
Entertainment Parlour at any time at which it is open for business,
unless the License so required by this By-Law to be obtained by any
such Person is posted in a conspicuous place in such Adult
Entertainment Parlour in accordance with the provisions of this By-
Law.
8.16 Conduct of Premises - Age restrictions
a)
No Person under the age of eighteen years, or nineteen years of age if
the Owner is the holder of a liquor License, may be or act as an Owner
or Operator of an Adult Entertainment Parlour or provide any Services
in an Adult Entertainment Parlour.
b)
No one may provide Services in an Adult Entertainment Parlour to a
Person who is or who appears to be under the age of eighteen years,
or nineteen years of age if the Owner is the holder of a liquor License.
c)
No Owner or Operator shall permit any Person actually or apparently
under the age of eighteen, or nineteen years of age if the Owner is the
holder of a liquor License, to enter or remain in any Adult
Entertainment Parlour owned or operated by him.
d)
This section shall not be deemed to prohibit any Person from entering
or remaining in any premises Licensed as an Adult Entertainment
Parlour except when Services are being provided therein and except in
accordance with the provisions of the Liquor License Act (Ontario).
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8.17 Conduct of Premises - Hours of operation
a)
No Owner or Operator shall, in respect of an Adult Entertainment
Parlour owned or operated by him, open such Adult Entertainment
Parlour for business or permit the same to be or to remain open for
business or permit any Services of any kind to be provided in the said
Adult Entertainment Parlour at any time between the hours of 2:00
o'clock in the forenoon of any day and 12:01 o'clock in the afternoon of
the same day Monday to Saturday inclusive only.
b)
Subject to subsection (1) of this section, every Owner who operates his
own Adult Entertainment Parlour and every Operator of an Adult
Entertainment Parlour shall file with the Clerk a schedule referred to in
section 11, subsection (a) showing the hours of business to be
observed by him in the carrying on of his operation of the Adult
Entertainment Parlour operated by him which schedule shall state
specifically the opening and closing times of the said Adult
Entertainment Parlour for each day of the week in conformity with the
provisions of this By-Law.
c)
No Person shall permit an Adult Entertainment Parlour owned or
operated by him to be open for business at any time other than the
times set forth in a schedule filed with the Clerk pursuant to subsection
(2) of this section.
d)
During the hours of business of an Adult Entertainment Parlour set
forth in the schedule filed with the Clerk in accordance with subsection
(2) or at any time at which an Adult Entertainment Parlour is open for
business, or at any time at which an Attendant is in attendance at an
Adult Entertainment Parlour, it shall be the responsibility of the Owner
and of the Operator, if any, to ensure that the door or doors or other
principal means of access into the Adult Entertainment Parlour by the
public shall be kept unlocked and available so that everyone coming
into the Adult Entertainment Parlour from the street or other public
place may enter therein without hindrance or delay.
e)
Either the Owner or an Operator Licensed in respect of such Owner's
Adult Entertainment Parlour shall be in attendance at such Owner's
Adult Entertainment Parlour at all of the times that the business is
operated or permitted to be opened pursuant to this By-Law and no
Owner or Operator shall permit an Adult Entertainment Parlour owned
or operated by him to open for business, or remain open for business,
or any Attendant to enter or remain therein, or any Services to be
provided at such Adult Entertainment Parlour unless this section is
complied with.
f)
For the purposes of this section so long as the time commonly
observed in the Township is one hour in advance of standard time, the
times mentioned in this section and in this By-Law shall be reckoned in
accordance with the time so commonly observed and not standard
time.
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8.18 Conduct of Premises - Restrictions
9.
(1)
No Owner or Operator shall permit any Person who appears to
be intoxicated by alcohol or a drug to enter or remain in any
Adult Entertainment Parlour operated by him.
(2)
No Owner, Operator or Attendant shall take, consume or have a
liquor or a drug in his possession in an Adult Entertainment
Parlour, nor shall the use of liquor or a drug by him be apparent
while he is in an Adult Entertainment Parlour.
(3)
For the purposes of subsection (2) the word "drug" shall be
deemed to exclude patent medicines and prescription drugs
required for medicinal purposes.
(4)
Notwithstanding subsection (2) every Owner who operates his
own Adult Entertainment Parlour and every Operator shall
provide and maintain at all times at the Adult Entertainment
Parlour operated by him a first aid kit equipped in a manner
satisfactory to the Medical Officer of Health.
2.
Every Owner or Operator shall keep his premises in a clean and
sanitary condition in a manner that is satisfactory to the Medical Officer
of Health.
3.
No premises or part thereof used as an Adult Entertainment Parlour
shall be used as a dwelling or for sleeping purposes.
(1)
Every Owner and every Operator shall post a copy of the list of
Services and fees referred to in section 11, subsection (d), in a
conspicuous place in the interior of the Adult Entertainment
Parlour owned or operated by his plainly visible to any Person
entering the said premises.
(2)
No Operator, Owner or Attendant shall charge, demand or ask
for or require, or permit to be charged, demanded, asked for or
required for any Services offered, performed or solicited in, upon
or at an Adult Entertainment Parlour any amount other than that
set out in the list referred to in subsection (1).
(3)
No Operator, Owner or Attendant shall provide Services at or in
respect of an Adult Entertainment Parlour other than those
permitted by endorsement by Council on the License of the
Owner of the Adult Entertainment Parlour, all as described on
the list referred to in subsection (1).
4.
(1)
Upon the entry of the customer into an Adult Entertainment
Parlour or immediately before any Services are provided in an
Adult Entertainment Parlour, the Attendant or Person who is to
provide the Services shall give to the customer an itemized bill
for such Services, listing the Services to be provided and the
price to be paid for each.
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(2)
Where no charge or fee is paid or required to be paid for the
provision of Services in an Adult Entertainment Parlour other
than an admission fee or other charge or payment in respect of
entry to such Adult Entertainment Parlour, the delivery to the
customer of a written receipt for such fee, charge or payment
shall be deemed sufficient compliance with subsection (1) above.
(3)
Upon payment of the bill referred to in subsection (2), the
customer shall be given a written receipt for the full amount paid.
(4)
Every Owner operating his own Adult Entertainment Parlour and
every Operator of an Adult Entertainment Parlour shall ensure
that the bill and receipt required by subsections (2) and (3) are
provided to every customer of the Adult Entertainment Parlour
operated by him and shall retain and keep a copy of each such
bill and receipt for at least one year after the Services referred to
therein are performed, and Council or any Person authorized by
it shall at all times have access to such copies.
5.
(1)
Every Owner and every Operator of an Adult Entertainment
Parlour at which is provided Services which involve or may
involve the undressing of or changing of clothes by the customer,
shall provide a service by which any customer may deposit his
valuable or other property for safekeeping and any customer
who presents his property for safekeeping shall be given a
receipt specifying the nature of the property so entrusted.
(2)
Every Owner referred to in subsection (1) and every Operator,
shall post and maintain in a conspicuous place in every room
and cubicle in the Adult Entertainment Parlour operated by him a
notice drawing attention to the safekeeping service provided in
accordance with subsection (1).
(3)
Every Owner or Operator shall take due care of all property
delivered or entrusted to him for safekeeping and return it to its
Owner upon demand. Every Attendant immediately upon the
termination of Services referred to in subsection (1), shall
carefully search the Adult Entertainment Parlour for any property
lost or left therein, and all property or money left in the Adult
Entertainment Parlour shall be forthwith delivered over to the
Person owning the same, or if the Owner cannot at once be
found, then to the nearest police station, with all information in
his possession regarding the same.
6.
(1)
No Owner or Operator shall permit the door to any room or
cubicle where Services are or may be provided, to be equipped
or constructed with a locking device of any kind, or with any other
device or structure which could delay or hinder anyone from
entering or obtaining access to such a room or cubicle.
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(2)
No one may in an Adult Entertainment Parlour provide any
service in a room, cubicle or other enclosure with a door or other
means of access which is equipped or constructed with a locking
device of any kind or which is equipped or constructed in such a
way as to permit the obstruction, hindrance or delay of any
Person attempting to gain entry thereto.
7.
(1)
Every Owner who operates his Adult Entertainment Parlour
business and every Operator shall keep proper records and
books of account of all business transacted in, by or in respect of
the Adult Entertainment Parlour operated by him, which books
shall give the amount of gross receipts for all Services provided
in the said Adult Entertainment Parlour, including all receipts for
admission fees and other charges and receipts in respect of
entry to or Services provided in such Adult Entertainment
Parlour, the name and License number of every Attendant
providing Services in the said Adult Entertainment Parlour
including the date of commencement and the date of termination
of such Services, the amount of salary or commission paid to
each Attendant and all amounts paid by the Owner to the
Operator, if any, or by the Operator to the Owner, in respect of
such Adult Entertainment Parlour or adult entertainment
business.
(2)
Every Owner to whom subsection (1) relates and every Operator
shall keep such books and records as are required by that
subsection for at least one years after the information required
by that subsection is entered therein, and Council or any Person
duly authorized by it shall at all times have access to such
records.
8.
(1)
Subject to this By-Law, before there is carried on in any Adult
Entertainment Parlour any business, trade, calling or occupation
in an Adult Entertainment Parlour for which a License is
otherwise required by the Township, the Owner of the said Adult
Entertainment Parlour shall attend at the Clerk's office and shall
apply to have his License endorsed to permit such trade, calling,
business or occupation to be carried on in such Adult
Entertainment Parlour, and if Council authorizes such
endorsement, the said Owner shall pay the License fee, if any,
required of him by the said By-Law for such a License.
(2)
No Owner or Operator shall permit any trade, calling, business or
occupation for which a License is required under this By-Law or
any other By-Law of this Council, to be carried on in an Adult
Entertainment Parlour owned or operated by him unless a
description of the said trade, calling, business or occupation is
endorsed on the Owner's License as provided in the By-Law and
unless the Owner and every other Person required to be so
Licensed has paid the License fee applicable to him.
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(3)
Every Person shall in carrying on or permitting the carrying on of
any trade, calling, business or occupation in an Adult
Entertainment Parlour comply with all of the requirements of the
By-Law relating thereto, including the requirement of License, if
any.
9.
No Owner, Operator or Attendant shall use or permit to be used any
camera or other photographic or recording device in, upon or at an
Adult Entertainment Parlour by any Person other than a peace officer,
Medical Officer of Health, or a public health inspector acting under his
direction or a Officers.
10.
Every Owner, Operator and Attendant shall while engaged in his
respective trade, calling, business, or occupation in an Adult
Entertainment Parlour, be properly dressed, neat and clean in his
Person and civil and well-behaved to members of the public with whom
he is dealing.
11.
No Owner or Operator shall permit any Services to be provided in the
Adult Entertainment Parlour owned or operated by him in breach of any
of the provisions contained in this By-Law.
12.
Every Person shall comply with the provisions of this By-Law
applicable to him whether or not he is Licensed under this By-Law.
13.
Notwithstanding any provision in this By-Law, nothing herein permits
the contravention of any provision in this By-Law or in any other By-
Law of this Council.
8.19 Compliance with By-Law
1.
Where a Licensee has contravened any provisions of this By-Law, or
where he has contravened any other By-Law of Council relevant to his
License, Council or the Clerk may:
(a)
serve a written notice on the Licensee, advising of the
contravention and directing his compliance; or,
(b)
where a manner is required to be done, may direct in a written
order that in default of such matter or thing being done, the
matter or thing will be done at the Licensee's expense by the
Township and the Township may recover the expense by action
or in like manner as municipal taxes; or,
(c)
revoke the said License.
2.
Where a License has been revoked, the holder of the License shall
return the License to the Clerk within twenty-four hours of receipt of
notification of revocation and the Officer may enter upon the premises
of the holder of the License for the purpose of receiving or taking the
said License and no Person shall refuse to deliver or in any way
obstruct or prevent the Officer from obtaining the License.
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3.
Every Owner or Operator shall, upon a request made to him by a
peace officer or Officer, produce:
(a)
an up-to-date list showing the names of all Operators and
Attendants employed by or providing Services in his Adult
Entertainment Parlour;
(b)
the original of every written contract of Services, contract for
Services or other document constituting or pertaining to the
relationship between Owner and Operator of the Adult
Entertainment Parlour or between Owner or Operator and an
Attendant providing Services at the Adult Entertainment Parlour;
(c)
the original list of all Services provided at the said Adult
Entertainment Parlour as referred to in section 8, subsection 5a).
8.20 Notice
1.
(1)
Any notice or order required to be given or served under this By-
Law is sufficiently given or served if delivered Personally or sent
by registered mail, addressed to the Person to whom delivery or
service is required to be made at the last address for service
appearing on the records of the Clerk.
(2)
Where service is made by registered mail, the service shall be
deemed to be made on the third day after the date of mailing,
unless the Person on whom service is being made establishes
that he did not, acting in good faith, through absence, accident,
illness or other cause beyond his control, receive the notice or
order until a later date.
8.21 Liability of Administrators
3.
(1)
Any Person charged with the enforcement of this By-Law while
properly acting in the course of carrying out his duty under this
By-Law, shall be relieved from all Personal liability for any
damage that may accrue to Persons or property as a result of
any act required or permitted in the discharge of his official
duties.
(2)
Any suit instituted against any Officer or other employee because
of an act performed by him in the lawful discharge of his duties
and under the provisions of this By-Law may be defended by the
legal representative of the Township until final determination of
the proceedings.
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8.22 Confidentiality
3.
(1)
Every Person employed in the administration of this By-Law,
including any Person making an inspection under this By-Law,
shall preserve secrecy in respect of all matters that come to his
knowledge in the course of his duties, employment or inspection
and shall not communicate any such matters to any Person,
except:
(a)
as may be required in the course of the administration or in
any proceedings under the By-Law and annexed
schedules;
(b)
to Council;
(c)
to his counsel;
(d)
with the consent of the Person to whom the information
relates.
(2)
No Person to whom subsection (1) applies shall be required to
give testimony in a civil suit or civil proceeding on information
obtained by him in the course of his duties, employment or
investigation except in proceedings under this By-Law and the
annexed schedules.
Part 9
FIREWORKS
9.1
General Prohibitions
No Person shall:
a)
sell or permit to be sold to any Person any Firecracker within the
Township;
b)
detonate any Firecracker within the Township;
c)
hold in their possession any Firecracker within the Township;
d)
hold a Public Fireworks Display without first obtaining a permit.
9.2
Fireworks - Sale Of
a)
No Person shall sell, permit to be sold, offer for sale or display for sale
any Fireworks to any Person without first obtaining a License pursuant
to the requirements set out in this By-Law.
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b)
No Person shall see, permit to be sold, offer for sale or display for sale
any Fireworks to any Person on any day or days during the year except
on the seven (7) days immediately preceding the day set by Statute for
the Observance of Victoria Day, on Victoria Day and the seven (7)
days immediately preceding the day set by Statute for the observance
of Canada Day and on Canada Day.
c)
No Person shall sell, permit to be sold or offer for sale any Fireworks to
anyone under the age of 18 years.
d)
Every Fireworks vendor shall ensure that smoking in the premises is
absolutely prohibited and shall post signs at every entranceway and on
every wall in the premises.
e)
Every Fireworks vendor shall post a copy of the regulations set out in
this By-Law, described as Schedule "B" and attached hereby, near the
display(s) of fireworks.
9.3
Display and Storage
a)
No Person shall store Fireworks in any bin, lot or bundle that exceeds
a weight of twenty-five (25) kilograms.
b)
No Person shall store Fireworks in any manner that would expose the
Fireworks to direct sunlight.
c)
No Person shall store Fireworks in any manner that would expose the
Fireworks to direct heat.
d)
No Person shall display for sale Fireworks in any window within the
Township.
9.4
Display/Storage - Trailer
a)
No Person shall, within a Trailer, store Fireworks in amounts exceeding
1000 kilograms.
b)
No Person shall, within a Trailer, have in his/her possession within six
(6) metres of any Fireworks kept or displayed for sale, any lighted:
·
match;
·
lighter;
·
pipe;
·
cigar; or
·
cigarette
c)
Every vendor in a Trailer shall have clear and visible signs posted at
each entranceway and every wall stating the provisions of Section 8.4
b) of this By-Law.
d)
Every vendor in a Trailer shall supply each employee with at least one
(1) operative 2A-10 BC fire extinguisher.
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e)
Every vendor in a Trailer shall erect pylons or snow fence to form and
maintain a "no encroachment zone" at least ten (10) metres from the
Trailer.
f)
No Person shall locate any Trailer less than twenty (20) metres from
any road and not less than forty (40) metres from occupied buildings,
dwellings, trailers, and gas stations. AMENDING BY-LAW 47-19
g)
No Person shall, within a Trailer, permit more than ten (10) customers
on the premises where Fireworks are displayed.
h)
No Person shall locate any portable electrical power supply and fuel
supply less than twelve (12) metres from any Trailer.
9.5
Detonation
a)
No Person shall detonate any Firework within any building within the
Township.
b)
No Person shall detonate any Firework within 15 metres (50 feet) of
any Highway within the Township.
c)
No Person shall detonate any Firework within 15 metres (50 feet) of
any building or structure.
d)
No Person shall detonate any Firework aimed towards any Highway,
building, structure, bush, trees, Person or any other flammable object.
e)
No Person shall detonate any Firework within 183 metres (600 feet) of
a nursing home, hospital, home for the aged, animal shelter or dog
kennel.
f)
No Person shall detonate any Firework within 183 metres (600 feet) of
any premises or place where explosives, gasoline or other highly
flammable substances are manufactured and where those flammable
substances are sold or stored.
9.6
Application - Renewal
a)
Every Person apply for or renewing a License shall file with the Clerk, a
completed application form and shall pay the required License fee as
set out in the Fees & Charges By-Law.
b)
Every Person applying for or renewing a License shall do so at least
sixty (60) days prior to the sale or display of Fireworks.
c)
Every Person applying for or renewing a License shall provide:
I.
A description of the structure from which the Fireworks will be
sold/displayed indicating the type and quality of construction;
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II.
A description of where and how the fireworks will be stored and
displayed, where the Fireworks will be sold, and the explosion
safeguards to be undertaken, including the number of fire
extinguishers;
III.
Written permission with respect to the proposed use from the
registered Owner of the property or his authorized agent; and
IV.
A site plan showing:
·
the location of the sale structure;
·
the clearances from adjacent properties
·
the access to be provided for fire and emergency Vehicles
·
the "no encroachment zone
d)
The application shall be accompanied by a certificate of insurance in
the amount of $5,000,000.00 and will include a cross liability clause
and name the Township as an additional insured.
AMENDING BY-LAW 47-19
e)
A License shall be valid for eight (8) days.
f)
A License shall expire the day after Canada Day and the day after
Victoria Day.
g)
A License must be posted in the premises during the sale or display of
Fireworks.
9.7
Fireworks Display - Permit
a)
Every Person applying for a Fireworks Display Permit shall:
·
file with the Fire Chief, a completed prescribed form
·
Provide a site plan showing
·
the location of the proposed Fireworks Display
·
the clearance from adjacent properties
·
the access to be provided for fire and emergency vehicles
·
shall comply with Section 15 - Carnivals, Midways &
Special Events" of this By-Law
b)
The Fire Chief shall impose additional conditions on the issuance of a
Permit as he/she deems advisable in the particular circumstances of
the application.
c)
A Permit shall be subject to revocation at any time should the
information provided in Schedule be incorrect or should any change
in the information provided arise.
9.8
Exemptions
a)
Any Officer or Fire Chief, for the purposes of this By-Law, shall have in
their possession any Firecracker in lawful execution of their duties.
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b)
Any detonation of Fireworks on private residence by the Owner or
tenant of such residence or Person authorized by him/her to do so
shall not be deemed to be a Fireworks Display, but must conform to
subsection 9.5 of this By-Law.
c)
The detonation and sale of christmas crackers, safety flares, signaling
devises for marine, military, railway, Highway purposes or any other
device constructed to assist in the prevention of occupational hazard
shall not be deemed to be the sale and detonation of Fireworks.
Part 10
SALVAGE YARDS/SECOND HAND GOODS
10.1 Operation - without valid License
No Person shall, except in accordance with the provisions of this By-
Law, carry on any of the several businesses, occupations or callings
dealing with salvage or second-hand goods until he shall have
procured the necessary License under this By-Law, unless exempted
under the provisions of this By-Law.
10.2 Licensing - application
1.
A License shall be taken out by:
a.
The Owner or keeper of every salvage shop, to be known as a
"Salvage Shop License";
b.
The Owner or keeper of every Salvage Yard, to be known as a
"Salvage Yard License";
c.
The Owner or keeper of every shop, store, or other place for the
purchase, sale, or exchange of second-hand goods, to be known
as a "Second-Hand Shop License";
d.
Any other dealer in second-hand goods, to be known as
"Second-Hand Dealers License".
10.3 Licensing - restrictions
1.
Notwithstanding any other provision in this By-Law no License will be
issued for any Salvage Yard, hereinafter established, unless it is
located at least 500 feet from the centre of all roadways and behind a
natural barrier or a fence so designed as to hide the contents from
public view.
11.
Each application for a License under this By-Law shall be made by the
Owner of each business, attached hereto, and shall be accompanied
by a report from the Medical Officer of Health.
12.
The premises of any License holder under this By-Law shall be open to
inspection by the Municipal Law Enforcement Officer at all reasonable
hours.
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13.
All goods displayed for sale shall be exhibited in an orderly fashion;
any goods displayed on the outside of a store shall be enclosed by a
tight board fence at least six feet in height or removed nightly to the
interior of said store.
14.
A register of all Licenses granted by the Council shall be kept by the
Clerk.
15.
No Person shall alter, repair, or dispose of any goods or articles until
15 (fifteen) clear days have elapsed from the time of purchase. A
record of articles purchased and sold, along with the name and
address of the Person from whom purchased, shall be kept by the
Owner of the shop, or dealer in second-hand goods.
Part 11
HAWKERS & PEDDLERS
11.1 Operation - without valid License
No Person shall, except in accordance with the provisions of this By-
Law, operate or carry on the business of a hawker or peddler in the
Township of Scugog unless he shall have first obtained a License from
the Clerk authorizing him to hawk or peddle goods in the Township of
Scugog and the type of goods authorized to be sold by the License
shall be specified in the License.
11.2 License -fees
a.
The fees to be paid for such License shall depend on the type of
goods to be sold and shall vary as between Persons who carry
on a business continuously within the Township of Scugog for a
period of one year preceding the application for a License
(hereinafter called "residential business Operator") and Persons
who do not carry on a business in the Township (hereinafter
called "non-resident business Operator"). The fees shall be as
set out in the Fees & Charges By-Law.
b.
No License shall be issued by the Clerk until the applicable fee
has been paid.
11.3 License - exemptions
a)
No License is required for hawking, peddling or selling goods,
ware or merchandise:
i.
to wholesale or retail dealers in similar goods, wares or
merchandise; or
ii.
if the goods, wares or merchandise are grown or produced
by a farmer resident in the Township who offers for sale or
sells only the produce on his own farm; or
iii.
if the goods, wares or merchandise are hawked, peddled
or sold by an agent of the grower, producer or
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manufacturer, acting on behalf of a dealer who pays
business tax in the Township of Scugog in respect of
premises used for the sale of such goods, wares or
merchandise; or
iv.
if the goods, wares or merchandise are hawked, peddled
or sold by non-profit charitable organization.
v.
trade shows sanctioned by the Township of Scugog.
b)
Such servant or employee shall exhibit his authority when
required to do so by any municipal or peace officer.
c)
In a prosecution for a breach of the By-Law, the onus of proving
that he does not for any of the reasons mentioned in Section
6(1) require to be Licensed is upon the Person charged.
11.4 License - restrictions
No Person shall place any wares, goods or merchandise or other
article of any kind upon any street or upon any sidewalk, or hang or
expose any goods, wares or merchandise or other articles outside of
any house, shop or warehouse or other building so that the same shall
project over any portion of a sidewalk or street in the Township but the
provisions of this section shall not be construed to interfere with the
use of a portion of such street or sidewalk for a reasonable time for the
taking in or delivery of merchandise or other goods.
Part 12
REFRESHMENT VEHICLES
(Repealed as per By-law 48-14)
PART 13
TAXICABS
13.1 Prohibitions - General
No Person shall, except in accordance with the provisions of this By-Law:
1
Operate a Taxicab in the Township as a Driver unless that Person has
obtained a License.
2
Use or permit a Taxicab to be used in the Township unless that Owner
has obtained a License.
3
Operate as a Broker in the Township unless that Person has obtained
a License.
4
An Owner shall ensure his Taxicab is dispatched from a location within
the Corporate Limits of the Township.
13.2 Drivers - Duties
1.
Every Driver shall,
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(a)
at all times when driving a Taxicab have a Tariff Card and his
License affixed to the front seat or in a position and in such
manner to be plainly viable to and readable by Passengers in the
back seat;
(b)
have and maintain in good standing, at all times, a valid
Province of Ontario Driver's License that does not prohibit him
from operating a motor Vehicle fire hire or reward;
(c)
before operating the Taxicab on any day, examine it for
mechanical defects and interior or exterior damage and report
forthwith any defects or damage found to the Owner;
(d)
keep a daily Trip Record of all trips made by him in any Taxicab;
(e)
completely record from Section 1.s (v) and (vi) of this By-Law, on
the Trip Record prior to the commencement of the next following
trip;
(f)
upon completion of discharging his last Passenger:
i
return the Taxicab to the Owner and report all accidents
and any apparent mechanical defects or damage to the
Owner: and
ii
deliver to the Owner the Trip Record.
2
No Driver shall,
(a)
carry in any Taxicab a greater number of Passengers than the
manufacturer's rating of seating capacity of such Taxicab;
(b)
drive a Taxicab with luggage or other material piled or placed in
or on the Taxicab in a manner that obstructs his view;
(c)
obstruct or allow to be obstructed, by anything, the view of the
Taximeter flag or light from the outside of the Taxicab;
(d)
drive a Taxicab unless the Owner has been issued a License
3
When a Driver uses a Taxicab for transportation of Passengers for no
gain or reward, he shall either;
(a)
remove the roof light from the Taxicab; or
(b)
place the Taximeter in a recording position.
4
No Driver shall take on any additional Passengers after the Taxicab
has departed with one or more Passengers from any one starting point
except at the specific request of,
(a)
the Passenger or Passengers in the Taxicab; or
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(b)
the Person who hired the Taxicab if he is not a Passenger in the
Taxicab.
5
When a Passenger first enters a Taxicab, the Driver shall immediately
place the Taximeter in a recording position and keep it in a recording
position throughout the trip.
6
(a)
Every Driver shall take the shortest route to the destination
desired by the Passenger unless the Passenger designates
another route.
(b)
If a Passenger designates a route other than the shortest
possible, the Driver shall, prior to moving the Taxicab advise the
Passenger of the shortest route and obtain the Passenger's
approval before taking any route other than the shortest route.
7
If the destination of a trip extends beyond the Township, the Driver and
the Passenger may agree, before the start of the trip, to a flat rate, but
in the case of a Taxicab, the Taximeter must be in a recording position
at all times within the territorial limits of the Township.
8
At the conclusion of a trip, the Driver shall call the Passenger's
attention to the amount of the fare registered on the Taximeter and
then place the Taximeter into a non-recording position.
9
When requested by a Passenger to do so, a Driver shall give the
Passenger a receipt for the rate or fare, showing the amount of the
rate or fare, and the Driver's and Owner's names and License
Numbers.
10
(a)
Every Driver shall take due care of all property delivered or
entrusted to him for conveyance, and immediately upon his
termination of any hiring engagement, shall carefully search the
Taxicab for any lost property or left therein, and all property left
in the Taxicab shall be forthwith delivered over to the Person
owning the property.
(b)
If the Owner of the property cannot at once be found, the Driver
shall deliver the property to the nearest Police Station with all
information in his possession regarding the property and the
Owner thereof.
11
(a)
Except as otherwise provided in section 12 of this By-Law, every
Driver shall charge for each trip no more than the fare shown on
the Taximeter, together with any additional rate(s) authorized by
the Fees & Charges By-Law.
(b)
No Person employing a Taxicab shall refuse to pay the rate or
fare chargeable under the authority of this By-Law for his
employment of that Taxicab.
13.3 Owners - Duties
1
Every Owner shall obtain and maintain an Automobile Insurance Policy
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insuring himself in respect of the Taxicab owned by him covering
public liability and property damage in a minimum amount of Five
Million Dollars ($5,000,000.00), and shall produce annually to the
Township a valid Certificate of Insurance issued by the insurer, or the
insurer's agent;
AMENDING BY-LAW 47-19
2
Where an Owner disposes of his Taxicab and acquires a replacement
Taxicab, he shall, before operating the replacement Taxicab or
allowing it to be operated as a Taxicab:
(a)
submit the replacement Taxicab to the Township for inspection;
(b)
produce a motor Vehicle Safety Standards Certificate issued by
the Ministry of Transportation of Ontario authorized Vehicle
inspection station, respecting the replacement Taxicab; and
(c)
attend at the Township offices to have his Taxicab disposed of
and adding reference to the replacement Taxicab.
3
Every Taxicab Owner shall;
(a)
submit his Taxicab for inspection at anytime required by an
Municipal Law Enforcement Officer;
(b)
register the corporate emblems of the Owner or Broker with the
Clerk;
(c)
ensure that the following documents or mechanically reproduced
copies thereof are kept at all times in his Taxicab;
i
current provincial motor Vehicle permit for the Taxicab;
ii
current Township Taxicab Owner's License for the
Taxicab;
iii
current Certificate of Liability Insurance for the Taxicab;
and
iv
current Township Taxicab Tariff Card,
(d)
when he employs a Driver, notify the Township in writing that he
has employed that Driver within eight (8) days of employing him;
(e)
before allowing his Taxicab to be operated on any day, examine
it for mechanical defects and interior or exterior damage and
cleanliness;
(f)
keep a daily Taxicab record setting out the following information:
i
the provincial motor Vehicle permit number of the Taxicab;
ii
the name and License numbers of the Drivers authorized
to operate the Taxicab that day;
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4
iii
the date and time of the authorization; and
iv
the readings of the Taximeter and the odometer in the
Taxicab,
(g)
record the date and time the Taxicab is returned to him by any
Driver;
(h)
at the end of a Driver's work day period, give the Driver a receipt
showing the amount turned over to him by the Driver;
(i)
retain the aforementioned Taxicab records for a period of time of
not less than twelve (12) months. These records shall be open to
inspection by the Clerk or Municipal Law Enforcement Officer,
and may be removed and retained by them for a reasonable
time; and
(j)
check out any mechanical defect or damage, reported to him by
anyone, of any Taxicab owned by him, immediately.
Every Owner shall affix to his Taxicab a Taximeter which shall register
distances traveled, record trips and units, and compute fares to be
paid, and such Taximeter shall be:
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5
(a)
illuminated between dusk and dawn;
(b)
supported in a raised position approved by an Municipal Law
Enforcement Officer clear of the dashboard in plain view of all
Passengers;
(c)
adjusted in accordance with the fares prescribed in the Fees &
Charges By-Law;
(d)
tested for distance traveled measurement accuracy and time
waiting accuracy before being sealed;
(e)
used only when the seals thereon are intact;
(f)
used for not longer than one year without retesting and
resealing;
(g)
kept in good working condition at all times and not used when
defective in any way;
(h)
equipped with a metal plate or flag, or a light when an electronic
meter is used, attached to the top thereof and the plate or flag
shall be in a lowered position or the light shall be extinguished
when the Taximeter is in operation, and in a raised position or
lighted when the meter is not in operation; and
(i)
not used until tested and sealed by an Municipal Law
Enforcement Officer.
Every Owner shall provide and maintain in or on his Taxicab while it is
operated as a Taxicab, the following equipment and markings:
(a)
the Taxicab Plate, affixed to the rear of the Vehicle;
(b)
the Tariff Card supplied by the Township and bearing the name
of the Owner and the Taxicab Plate Number, affixed to the rear
of the Driver's seat in such a manner that the card is plainly
visible to Passengers in the back seat;
(c)
a holder for the photograph and name of the Driver affixed in a
position to be plainly visible to and readable by Passengers in
the back seat;
(d)
on the top of the Taxicab, an electric sign indicating that the
Vehicle is a Taxicab, showing the trade name and telephone
number under which it operates or of the Owner or of the Broker
with whom the Taxicab is associated but not showing any other
name or telephone number;
(e)
the Taxicab Plate Number, prefixed by the letter "S", displayed
on the front fenders of the Taxicab, in a manner approved by an
Municipal Law Enforcement Officer, in figures of a colour
contrasting with that of the Taxicab, and of a height of at least
ten (10) centimeters and five (5) centimeters in width; and
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(f)
on each front or rear door of the Taxicab, the trade name or the
name of the Owner or Broker shall be displayed in a contrasting
colour and lettering of at least ten (10) centimeters in height and
five (5) centimeters in width.
6
No Owner shall:
(a)
permit any Taxicab not owned by him to be driven under the
authority of an Owner's License issued to him;
(b)
permit any Person to drive his Taxicab other than a Licensed
Driver or a Person inspecting or testing it;
(c)
cause or permit ant Taxicab to be rented, leased or hired,
whether for value or not, except pursuant to the terms and
conditions of the By-Law;
(d)
operate or permit any Taxicab to be operated that is not in good
mechanical condition;
(e)
use or permit to be used, on any Taxicab owned by him, any
emblem, decal or roof sign which simulates any colour or design
of that of any other Taxicab, registered in the Township unless
his Taxicab is operated in association with it.
(f)
display or permit the display of any advertisement on or in his
Taxicab except as approved by the Clerk or an Municipal Law
Enforcement Officer.
13.4 Brokers - Duties
1
Every Broker shall,
(a)
accept call for only Taxicabs which have a License issued by the
Township;
(b)
keep for a period of twelve (12) months, records of every
Taxicab dispatched, the time of the dispatch and the place of the
pick-up and these records shall be available for inspection by an
Municipal Law Enforcement Officer and shall be permitted to
remove the records and retain them for a reasonable time;
(c)
provide the Township with a list of all Owners with which he has
any arrangements or agreement for accepting call for service
indicating each Taxicab by name of the Owner and the Taxicab
Plate Number and shall within eight days of any addition to or
deletion from this list advise the Township in writing thereof;
(d)
serve the first Person requiring the service of a Taxicab at any
place in the Township at any specified time, day or night
provided that the Person is not disorderly and does not refuse to
give his destination and, if the Broker pleads some previous
engagement, he shall upon demand give his name and address
of the Person to whom he is so engaged together with the time
and place of engagement;
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(e)
keep his engagements, and shall not accept any engagement
that a previous engagement would prevent him from fulfilling;
and
(f)
maintain an office where calls are dispatched from within the
corporate limits of the Township, and shall only accept calls fro
for Licensed Taxicabs.
2
No Broker shall be compelled to accept a request for service from any
Person who is indebted to him for the cost of a previous trip.
13.5 Accessible Taxicabs
1
An Owner may utilize an existing Taxicab Plate issued to him for use
on an Accessible Taxicab.
2
The Owner of an Accessible Taxicab shall be permitted to operate the
Vehicle which, in addition to satisfying all conditions set out in this By-
Law, has received written approval from the Ministry of Transportation.
3
A sign or decal, as described pursuant to Regulation 167/81 Section 4
(1) of the Highway Traffic Act, shall be placed on an Accessible
Taxicab provided that:
(a)
such sign or decal is not in excess of fifteen (15) centimeters by
fifteen (15) centimeters; and
(b)
such sign or decal is located is located at the rear of the Vehicle.
4
No Person shall drive an Accessible Taxicab unless the Driver meets
all other requirements of a Driver under this By-Law.
13.6 Provisions - General
1
Every Licensed Driver operating an Accessible Taxicab shall serve the
first Person unable to board regular Vehicles due to a physical
disability requesting the service of this Vehicle at any place within the
Township, at any time day or night.
2
Every Driver operating an Accessible Taxicab shall;
(a)
offer such assistance as required to facilitate the entry or exit of
a physically disabled Person into or out of a Accessible Taxicab;
and
(b)
where a wheelchair is being used by a Passenger, ensure that
the wheelchair is properly secured in the area so provided; and
(c)
ensure that the seatbelt is properly secured.
3
If a Taximeter is repaired or altered, the Taxicab to which the
Taximeter is affixed may be operated without the Taximeter having
been tested or resealed, for a period of seventy-two (72) hours on
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weekends or forty-eight (48) hours during the week but only if the
Owner or Driver of the Taxicab has in his possession a certificate from
the Person who made the repairs or alterations, stating the time, date
and nature thereof and the place where the work was done.
4
No Driver or Owner shall drive or permit to be driven any Taxicab:
(a)
not equipped with an extra tire and wheel ready for use;
(b)
not clean and in good repair, both inside and outside;
(c)
not free of rust, body damage or paint and trim defects.
5
No Owner or Driver shall:
(a)
induce any Person to engage his Taxicab by misleading or
deceiving that Person about the location of or distance between
any point in the Township and any place, nor by any other false
representation;
(b)
publish or use a tariff, or demand or receive rates or fares other
than those authorized by this By-Law;
(c)
be entitled to recover or receive any rate or fare from any Person
or Persons to whom he has refused to show his Tariff Card as
provided in this By-Law;
(d)
use any Tariff Card, other than that obtained from the Township,
or remove, exchange, lend or otherwise dispose of the Tariff
Card; or
(e)
make any charge for time lost through defects or inefficiency of
the Taxicab or the incompetence of the Driver thereof.
6
Every Owner and Driver shall,
(a)
serve the first Persons requiring the service of his Taxicab at any
place in the Township at any specified time by day or night,
provided that the Person is not disorderly or does not refuse to
give his destination;
(b)
keep his engagements, and shall not accept any engagement
that a previous engagement would prevent him from fulfilling, but
he shall not be compelled to accept and order from a Person
who is indebted to him for the cost of a previous trip.
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7
Taxicab Plates or Tariff Cards defaced, lost or destroyed may be
replaced by the Township upon the original plate or card being
satisfactorily accounted for and upon the payment of the replacement
fee pursuant to the Fees & Charges By-Law.
8
The rates and fares herein authorized shall be computed from the time
and place when and where a Passenger first enters the Taxicab to the
time and place where the Passenger finally discharges the Taxicab.
9
The rates and fares to be charged by Owners and Drivers in the
Township are shown in the Fees & Charges By-Law, no Owner or
Driver shall charge or receive any payment higher than the amount on
the taximeter except under the provisions of Part 13, Section13.2,
subsection 7 of this By-Law.
13.7 General - Licenses
1
Subject to the provisions of this By-Law,
(a)
a Driver's License is valid for the calender year in which it is
issued and is not transferable;
(b)
an Owner's License is valid for the calender year in which it is
issued and may only be transferred:
i
to a spouse or child of an Owner upon the death or
permanent disability of the Owner; and
ii
upon application to the Township for an Owner's License;
and
iii
upon payment to the Township of a fee of fifty ($50.00)
dollars.
(c)
a Broker's License is valid for the calender year in which it is
issued, and is not transferable.
2
The Clerk shall charge the late application fee in the Fees & Charges
By-Law to Licensees making application for renewal of a License after
the 31st day of January in the year for which application is made.
3
The number of Taxicab Plates issued pursuant to this By-Law shall be
limited to fifteen (15).
4
Every Taxicab Plate must be on a licensed Taxicab available for hire.
5
When the application for an Owner's or Broker's License have been
approved for issuance, the Clerk, shall notify the Applicant by
registered mail, at his last residence or business address on record
and the Applicant shall have thirty (30) days from the date of mailing to
obtain the License, failing which the approval shall be rescinded.
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6
Upon the expiry or revocation of a License, the Licensee shall return to
the Township the License and, if the License is an Owner's License,
the Taxicab Plate.
7
No Person shall refuse to deliver an expired or revoked License or a
Taxicab Plate to an Municipal Law Enforcement Officer.
8.
Every Taxi Driver application shall be completed and have attached to
such application or renewal application:
a)
A medical clearance letter from a qualified medical practitioner
that the applicant is physically fit to operate a taxi cab, dated no
longer than thirty (30) days from the date of application; and
b)
a valid driver's abstract obtained from the Ministry of Transport
dated no later than thirty (30) days from date of application; and
c)
an original copy of a Criminal Information request dated no later
than thirty (30) days from the date of application and such
document will include a "Vulnerable Sector" section report.
9.
No person shall be issued or permitted to retain a Taxi Driver's Licence
where he or she has been convicted of:
a)
any Criminal Offence or Drug Related Offence within a three (3)
year period from the date of any application; or
b)
any Indictable Sexual related Criminal Offence; or
c)
any driving offence under the provisions of the Criminal Code; or
d)
any serious driving offence under the provisions of the Highway
Traffic Act, and shall include but not be limited to: Careless
Driving, Racing, Fail to Remain at an Accident, Fail to Stop for
Police, Driving while suspended, exceeding the speed imit by 30
km/h or more.
SECTION 14
CARNIVALS, MIDWAYS AND SPECIAL EVENTS
GENERAL PROVISIONS
14.1 Council Approval
a)
No Person shall operate an event without first obtaining written
approval, from the Council of the Township of Scugog at least sixty
(60) days prior to such event.
b)
No Person shall erect or install materials, buildings or any other thing
related to an event including signs without first obtaining written
approval from the Council of the Township of Scugog at least sixty (60)
days prior to such event
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c)
No Person shall permit any other Person to operate an event on their
property without first obtaining written approval from the Council of the
Township of Scugog at least sixty (60) days prior to such event.
d)
No Person shall be granted approval to hold any event until such time
as any statutory requirement, approval, or permits have been met or
obtained and shall include any special requirements requested by the
Council.
14.2 Event - Signage
No Person shall erect any sign advertising any event unless such sign
complies with the provisions of the Township of Scugog Sign By-Law 123-04,
as amended or any successor By-Law.
14.3 Event - Approval - Director of Parks & Recreation
No Person shall hold any part of an event partially or wholly on any property
owned by the Township including any parking lot, park, wharf, dock or other
place without the express written consent of the Director of Parks and
Recreation and every Person holding such event shall comply with the
provisions of the Township of Scugog Parks By-Law 48-05, as amended
except when authorized by the Director of Parks and Recreation as
stipulated in any written form of consent or authorization and such written
authorization shall be made available immediately upon request by an
Officer or Municipal Law Enforcement Officer.
14.4 Event - Obstruction
a)
No Person operating an event, or any employee, promoter, or other
Person with an interest in the event, including the property Owner
shall, obstruct or otherwise interfere with any Officer or Inspector, who
has lawful authority, to enter and inspect the event or property for
compliance of this By-Law or any other Federal, Provincial or Municipal
Statute.
b)
Notwithstanding the provisions of subsection 14.4 a), where other
legislation permits entry to premises, the most restrictive legislation
shall take precedence.
14.5 Site Plan - Requirements
The Council of the Township may require an Applicant to submit a site plan
drawing and such site plan will show, exits, parking, locations and areas
used by equipment and machinery, safety features installed or instituted and
any other thing that may be required including the names and addresses of
any food or refreshment vender or any Person selling wares or other goods
at the event.
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14.6 Council - Refusal
Council shall be obliged to give reason, where any approval is not given for
an event.
14.7 Event - Notification
An Applicant shall be responsible to make any notifications to the Chief of
Police, Emergency Services and the Fire Chief, where required by Council.
14.8 Expenses - Incurred
Any Services required by Council in order to approve any event shall be the
sole responsibility of the Applicant and all expenses incurred shall be that of
the Applicant.
14.9 Event - Fees
The application also shall be submitted with the appropriate fee for all
permits that may be required, as set out in the Fees & Charges By-Law.
14.10 Event - Safety
a)
Where any event, part of an event or its equipment or other thing
becomes unsafe, is unsafe or may become unsafe such event or
portion thereof shall be discontinued immediately until the cause for its
being discontinued is rectified satisfactorily and that portion of the
event or its equipment has been inspected by a competent and
qualified Person.
b)
Where an event or any part of an event becomes unsafe or is likely to
become unsafe and where an Officer deems it pertinent to shut down
the event or any portion of the event he or she may close the event or
that portion and require any or all Persons to be removed from the
area until such time as the situation causing the closure has been
corrected or rectified.
c)
Where any event is to be held and will or may restrict, block or
otherwise encumber the normal traffic flow, a route for any detouring
shall be submitted for approval to the Chief of Police, the Fire Chief
and the Commissioner or in their absence their designates.
d)
Where an event is to be held where any Highway may become
encumbered or where public safety may become an issue, the Chief of
Police or designate may require any Person holding an event to
employ at his own expense police personnel as may be needed to
maintain the safety and security of the general public and safe
movement of vehicular and pedestrian traffic.
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e)
The Applicant shall be responsible for all additional police personnel
that may be required and shall submit a Letter of Credit to be held by
the Clerk in an amount determined by the Chief of Police adequate
enough to remunerate any additional police personnel that may
required for any event.
14.11 Event - Insurance - Liability
a)
The Applicant shall also deposit with the Clerk a certified copy of a
comprehensive general liability policy of insurance issued by an issuer
Licensed to do business in the Province of Ontario which provides for
limits of $5,000,000.00 (five million dollars) in respect of the event and
such coverage shall include coverage for bodily injury, property
damage and non-Owner automobile insurance and such policy shall
name the Corporation of the Township of Scugog as an insured party
and the policy shall cover a period 24 hours prior to the event, the
duration of the event and 24 hours after the event.
b)
Council may waive the insurance coverage stated in subsection
(above) or lessen its coverage limits.
14.12 Refreshment Vehicles - Compliance
a)
A Person authorized by any event organizer or other Person with
authority to act as a designate may with written permission of that
organizer or other Person, vend food or refreshments at an event and
where such Person is currently Licensed by the Township under the
provisions of this By-Law as a Refreshment Vehicle Operator no
addition licensing fee shall be required by the Township.
b)
Where a Person named in subsection 14.13 a) who is not currently
Licensed by the Township, shall obtain a License from the Clerk for the
period of that event and must show that they are able to otherwise
comply fully with Part 11 of this By-Law.
14.13 Hawkers and Peddlers - Compliance
a)
A Person authorized by any event organizer or other Person with
authority to act as a designate may with written permission of that
organizer or other Person, sell, offer for sale or display for sale any
wares or merchandise approved by the organizer at an event and
where such Person is currently Licensed by the Township under the
provisions of this By-Law as a Hawker or Peddler no additional
licensing fee shall be required by the Township.
b)
Where a Person named in subsection 14.14 a) who is not currently
Licensed by the Township, shall obtain a License from the Clerk for the
period of that event and must show that they are able to otherwise
comply fully with Part 10 of this By-Law.
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c)
No person shall at any Extended Special Event, sell, offer for sale or
display for sale any live animal including but not limited to: birds,
canines, felines, snakes, reptiles, insects and spiders except where
expressly authorized under Part 14 (15)(a), Clerk's Discretion.
14.14 Extended Special Events
a)
A Person shall apply to Council for consideration of a License to hold
or operate an Extended Special Event. Such Extended Special Event
shall comply with the provisions of this By-Law and any other
conditions set by the Clerk.
b)
Where any Extended Special Event is authorized, all Licencing fees
and any conditions set by the Clerk and this By-law shall be complied
with at all times.
14.15 Clerk's Discretion
a)
The Clerk may, on considering any approval for an Extended Special
Event, set additional or special considerations or conditions, which
may include but not be limited to a Blanket License to be issued to the
Event Organizer, for the Licencing of Hawkers, Peddlers and for
Refreshment Vendors at an Extended Special Event in lieu of
individual Licenses being issued and times and dates of operation.
b)
Where such a Blanket License is issued it shall be treated as though it
were an individual License and all conditions of that Licencing
provision shall apply.
c)
Where such a Blanket License is issued the Event Organizer shall
ensure that each Hawker, Peddler or Refreshment Operator has
written authorization from the Event Organizer and such Authorization
must be produced by that Operator, if requested by an Officer.
14.16 Licencing Exemption
a)
No License will be required for any Farmer, resident to the
municipality, selling fruits, vegetables, eggs or other produce,
commonly associated with agriculture.
b)
No additional License will be required by any Vendor who currently
holds a valid Hawkers, Peddlers or Refreshment Vehicle License for
the municipality.
c)
No License will be required for a Vendor, residents to the municipality,
who is an Artisan, Hobbyist or Crafter, who is vending goods or other
items that have been produced wholly at their home and are not mass
produced as general saleable merchandise.
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SECTION 15
CLOTHING DONATION BOXES
15.1 No property owner or occupant of any property shall permit any
Clothing Donation Box to be left on a property they own or occupy
without a valid Clothing Donation Box License being issued and site
approval has been obtained from Council.
15.2 Every License applicant shall provide the following information to
obtain a Clothing Donation Box License:
a)
name, address and telephone number of applicant;
b)
proof of property ownership or authorization of the property
owner to permit a Clothing Donation Box;
c)
name, address and contact telephone number of the Clothing
Donation Box owner and the Charitable organization being
represented;
d)
security deposit as may be determined by Council; and
e)
applicable License fee as determined by the Fees & Charges
By-Law.
15.3 Every Clothing Donation Box shall have printed in legible lettering, the
name and telephone number of the Clothing Donation Box owner.
15.4 No Clothing Donation Box shall be placed on any property owned by
the Township including any road allowance without the express written
consent of Council.
15.5 No Clothing Donation Box shall be placed in the Township that does
not belong to or represent a recognized charitable or not for profit
organization as may be determined by Council.
15.6 Notwithstanding any provision of this By-Law, no Clothing Donation
Box will be situated in any part of the Main Central Area of Port Perry
as determined by the Township of Scugog Official Plan.
15.7 No Clothing Donation Box shall be located closer that 6 metres (20
feet) from any lot line fronting any highway.
15.8 No Clothing Donation Box shall be situated closer than 15.2 metres
(50 feet) metres from any lot line abutting any residential property.
15.9 No Clothing Donation Box shall be located near any egress or ingress
from any property which may cause a visual obstruction to any person
using such ingress or egress.
15.10 No Clothing Donation Box shall be permitted on any land zoned as
Residential or Rural under the provision of the Township of Scugog
Zoning By-Law.
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15.11 No item left for donation at the site of a Clothing Donation Box will be
permitted to remain outside of the Clothing Donation Box or
protruding from it for any longer than one hour after opening of the
business of the License Holder or by 7:00 a.m. for businesses that are
open 24 hours.
15.12 It shall be the License Holder and/or the Clothing donation Box
Owner's responsibility to ensure the area around the Clothing
Donation Box is kept in a clean and clear condition and not become
unsightly or a nuisance to any person.
15.13 Any Clothing Donation Box found in contravention of this By-Law shall
be subject to immediate removal and impounding by the Township
and all costs will be subject to the Township's Fees and Charges By-
Law.
15.14 All incurred costs including impound and storage fees by the
Township shall be the responsibility of the License Holder where a
License has been issued.
15.15 All incurred costs including impound and storage fees by the
Township shall be the responsibility of the Clothing Donation Box
Owner where no authorization has been obtained from any property
owner.
15.16 Any Clothing Donation Box impounded and stored for a period of more
than ninety days, may be disposed of in a manner as may be
determined by the Township.
15.17 Where any other jurisdiction's set back requirement does not coincide
with the set back provisions of this By-Law, the stricter of the setback
requirements shall take precedent.
PART 16
GROUP HOMES
16.1 No person shall operate a Group Home Type 1 or a Group Home Type
2 that is not registered and licensed in compliance with this By-Law.
16.2 No person having interest in any land or in any premises shall permit
the operation on that land or in those premises of a Group Home Type
1 or a Group Home Type 2 that is not registered and Licensed in
accordance with this By-Law.
16.3 No person shall continue to operate a Group Home Type 1 or Group
Home Type 2, where such License has expired for more than a 30 day
period and no application for renewal of that License has been
submitted to the Clerk for approval and renewal.
Council Approval
16.4 No Group Home Type 1 and no Group Home Type 2 shall be licensed
or permitted to operate where approval of Council has not been
obtained.
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16.5 In addition to conditions set by the Township of Scugog Zoning By-
Law, any Legislation or other article, Council may set specified
conditions or other requirements for any Group Home Type 1 or Group
Home Type 2 to be authorized and operated in the Township.
Registration
16.6 The Clerk shall maintain a record respecting each Group Home Type 1
or Group Home Type 2 in respect of which an application has been
submitted and such record shall include:
i)
the name of each applicant for registration;
ii)
the municipal address of the premises in which the Group Home
Type 1 or Group Home Type 2 operates or is proposed to
operate;
iii)
the date of application for registration or application renewal:
iv)
if applicable, the date of registration or renewal;
v)
the date on which the Group Home Type 1 or Group Home Type
2 use commenced or is proposed to commence;
vi)
the type of Group Home operating or to be operated, either
Group Home Type 1 or Group Home Type 2;
vii)
conditions or other requirements set out by Council;
viii)
if applicable, the date of any refusal for registration or licensing
and a brief summary of the reason.
16.7 Registration pursuant to this By-Law neither confirms nor relieves any
Person from compliance with any applicable legislation including but
not limited to the Township of Scugog Zoning By-Law.
Read a First, Second and Third time and finally passed this 12th day of
December, 2005.
(Signed) Marilyn Pearce
MAYOR, Marilyn Pearce
(Signed) Kim Coates
CLERK, Kim Coates
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Schedule "A"
To By-Law Number 135-05
Refreshment Vehicle - Approved Locations
Commercial Property
Address
Utica General Store
605 Regional Road 21
Homestead Furniture
1918 Scugog St.
Reid's Independent Grocer
1893 Scugog St.
Ultramar
15829 Simcoe St.
Canadian Tire
14325 Simcoe St.
Honey Grove Trading Post
1920 Whitfield Rd.
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Schedule "B"
to By-Law Number 135-05
REGULATIONS FOR FIREWORKS USERS
1. You must be 18 years of age or older to purchase fireworks.
2. No person shall detonate any firework within any building within the
Township.
3. No person shall detonate any firework within 15 meters (50 feet) of
any highway within the Township.
4. No person shall detonate any firework within 15 meters (50 feet) of
any building or structure.
5. No person shall detonate any firework aimed towards any highway,
building, structure, bush, trees, person or any other flammable
object.
6. No person shall detonate any firework within 183 meters (600 feet)
of a nursing home, hospital, home for the aged, animal shelter or
dog kennel.
7. No person shall detonate any firework within 183 meters (600 feet)
of any premises or place where explosives, gasoline or other highly
flammable substances are manufactured and where those
flammable substances are sold.
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