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THE CORPORATION OF THE TOWN OF ST. MARYS
BY-LAW NO. 32-85
Being a By-Law to license, regulate and
govern hawkers and pedlars.
WHEREAS The Municipal Act provides no license shall be
required for hawking, peddling or selling goods, wares, or
merchandise;
(a)
to wholesale or retail dealers in similar goods, wares
or merchandise, or
(b)
if the goods, wares or merchandise are grown, produced
or manufactured in Ontario and are hawked, peddled or
sold by the grower, producer or manufacturer or his
agent or employee having written authority so to do,
in the municipality
'in which the grower, producer or
manufacturer resides, or
(c)
if the goods, wares or merchandise are grown or produced
by a farmer resident in Ontario who offers for sale or
sells only the produce of his own farm or,
(d)
if the goods, wares or merchandise are hawked, peddled
or sold by a person who pays business tax in the
municipality, or by his employee, or by his agent, or
(e)
if the goods, wares or merchandise are hawked, peddled or
sold by an agent of the grower, producer or manufacturer,
acting on behalf of a dealer who pays business tax in the
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municipality in respect of premises used for the sale of
such goods, wares or merchandise, or
(f)
by persons who sell milk or cream or fluid milk products
to the consumer or to any person for resale.
NEW THEREFORE The Council of the Town of St. Marys ENACTS
AS FOLLOWS
1.
That every person who goes from place to place or to a
'
particular place with goods, wares or merchandise for sale within
the Town of St. Marys or who carries and exposes samples, patterns
or specimens of goods, wares or merchandise which is to be delivered
in the municipality afterwards, shall obtain a license for so doing
from the License Inspector.
2.
That the license fee for a license issued under this by-law
is hereby established at $250.00 for persons who have not resided
continuously within the municipality for which the license is
-
sought for at least one year prior to the application therefore
|l
and no license shall be issued unless and until the proper fee
has been paid.
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2--
3.
That the license fee for a license issued under this by-law
is hereby established at $100-00 for persons who have resided
continously within the municipality for which the license is sought
for at least one year to the application therefore and no license
shall be issued unless and until the proper fee has been paid.
4.
A license issued under this by-law shall be valid only from
the date of its issue until December 31st of the year of its issue;
5.
The licensee shall at all times while carrying on his business
have his license with him and shall upon demand exhibit it to any
municipal or peace officer, and if he fails to do so shall, unless
the same is accounted for satisfactory, incur a penalty of not less
than $100.00 or more than §300.00.
6.
If a Police Officer demands the production of a license by
any person to whom this by-law applies and if the demand is not
complied with, it shall be the duty of the peace officer and he
shall have the power to arrest such person without a warrant and
to take him before the nearest justice of the peace, there to be
dealt with according to law;
7.
In any prosecution for a breach of this by-law the onus of
providing that he for any of the reasons mentioned in paragraph 1
above, require to be licensed, shall be upon the person charged;
8.
Any person who contravenes any provision of this by-law
shall upon conviction be liable to a penalty not exceeding $300.00
recoverable under The Provincial Offences Act.
9.
By-law Number 604 is hereby repealed.
READ a first and second time
this
28th
day of
May
19
85.
READ a third time and finally passed
this
28th day of
May
19 85