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THE CORPORATION OF THE CITY OF THUNDER BAY
BY-LAW NUMBER 160-2005
A By-law pursuant to Section 150 of the Municipal Act, 2001 to
provide for the Licensing, Regulation and Governance of Peddlers for
consumer protection and safety reasons in the City of Thunder Bay, in
the District of Thunder Bay.
Recitals
1.
The Municipal Act, 2001 authorizes Council to license and regulate a variety of
businesses and events.
2.
The authority in the Municipal Act, 2001 includes: the power to issue Licenses on
condition, revoke Licenses, suspend Licenses, to regulate or govern the place used in the
carrying on of business, and many other matters.
3.
Council considers it appropriate to license Peddlers who transact business in Thunder
Bay. Peddlers are regulated in Thunder Bay for the purposes of consumer protection and safety.
From a consumer protection standpoint, itinerant vendors should be traceable. From a safety
standpoint, persons with certain criminal records should not be licensed to peddle wares on a
door-to-door basis.
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY OF
THUNDER BAY ENACTS AS FOLLOWS:
ARTICLE 1.00:
INTERPRETATION
1.01
Definitions
Wherever a word is used in this By-law with its first letter capitalized, the term is being
used as it is defined in this section 1.01, or, alternatively, in the section of the appropriate
Schedule which defines terms. Where any word appears in ordinary case, its regularly
applied meaning in the English language is intended.
(a)
"Applicant" means the person making application for issuance of a License under
this By-law to Operate a business in Thunder Bay.
(b)
"Business" means either (a) the sale of goods from place to place whether the
goods are displayed physically or by catalogue, and whether the goods are sold
immediately or delivered at a later date; or (b) the sale of goods from a single
location for a limited period of time by a person who does not otherwise have a
business in Thunder Bay.
(c)
"By-law" means this By-law, as it may be amended from time to time, unless
another by-law is expressly referenced by name or number. The Recitals to, and
the Schedules attached to this By-law are considered integral parts of it.
(d)
"City" means The Corporation of the City of Thunder Bay.
(e)
"Committee" means the committee of Council to which Council has delegated
the responsibility of handling Licensing matters. Where there has been no
delegation, the term refers to the Committee of the Whole.
(f)
"Council" means the elected municipal council for the City.
(g)
"License" means a License to Operate a Business issued pursuant to this By-law.
There are two (2) classes of Peddler License as follows:
(i)
Stationary Peddlers License issued to a Person conducting a time-limited
sale of goods a single location in Thunder Bay.
(ii)
Peddler License issued to a Person who sells goods from place to place in
Thunder Bay.
(h)
"Licensee" means the holder of a License.
(i)
"Manager" means the Manager of the Licensing & Enforcement Division of the
Development Services Department for the City. The term also includes his or her
designate.
(j)
"Medical Officer of Health" means the Medical Officer of Health of the Health
Unit. The term also includes his or her designate.
(k)
"Municipal Law Enforcement Officer" means a Police Officer, law
enforcement officer, the Manager, or another person duly appointed to enforce the
by-laws of the City.
(l)
"Not for Profit Organization" means an organization, which is either (a) created
primarily for a charitable object or purpose in Ontario, (b) is operated not for
profit, (c) a registered charity as described in Subsection 248(1) of the Income Tax
Act (Canada).
(m)
"Operator" means a person who has care and control of a Business at any given
point in time. The term includes any one or more of the following persons:
(i)
the Owner of a location from which a Business is conducted;
(ii)
the Operator of a Business;
(iii)
the occupier of a location from which a Business is conducted;
(iv)
one who assists or acts on behalf of the Owner or occupier of a location
from which a Business is conducted, including manager or supervisor;
(v)
one who has the care or management of a location from which a Business
is conducted; or
(vi)
a Licensee.
The terms "Operate", "Operation" and words of like import or intent have
corresponding meanings.
(n)
"Owner" means a Person with legal title to real or personal property. The terms
"Own", "Ownership", and words of like import or intent have corresponding
meanings.
(o)
"Peddler" means a Person who carries on a Business in Thunder Bay.
(p)
"Police" means the Thunder Bay Police Service.
(q)
"Thunder Bay" means the geographic area under the jurisdiction of the City.
1.02
Legislation, By-laws
Each reference to Provincial legislation in this By-law, is printed in Italic Font and,
unless otherwise specified, is a reference to the Revised Statutes of Ontario, 1990 edition,
and, in every case, includes all applicable amendments to the legislation, including
successor legislation. Each reference to another by-law in this By-law, unless otherwise
specified, is a reference to a By-law of the Corporation, and, in every case, includes all
applicable amendments to this By-law, including successor by-laws.
1.03
Construing this By-law
The captions, article and section names and numbers appearing in this By-law are for
convenience of reference only and have no effect on its interpretation. This By-law is to
be read with all changes of gender or number required by the context. The words
"include", "includes", "including" and "included" are not to be interpreted as
restricting or modifying the words or phrases which precede them.
1.04
Severability
If a court or tribunal of competent jurisdiction declares any portion of this By-law to be
illegal or unenforceable, that portion of this By-law will be considered to be severed from
the balance of the By-law, which will continue to operate in full force.
ARTICLE 2.00:
ADMINISTRATION OF THIS BY-LAW
2.01
Administration of By-law
Unless otherwise indicated, the administration of this By-law is assigned to the Manager,
who may delegate the performance of his or her functions under this By-law from time to
time as occasion requires.
2.02
Application
Applications for all Licenses under the provisions of this By-law:
(a)
shall be made to the Licensing & Enforcement Division of the Development
Services Department of the City, on forms to be provided;
(b)
when received by the Licensing & Enforcement Division office, will be stamped
with the date of receipt and processed in the order in which they are received; and
(c)
must be finalized unless a hearing before the Committee or Council is pending
within thirty (30) days of the date referenced in (b).
(d)
shall clearly indicate on the application whether the Peddler will sell from place to
place or whether the Peddler will sell from one location only. The License issued
shall clearly specify whether the Licensee is authorized to sell from place to place
or from a specified location.
2.03
Application Information Required
Every Applicant shall provide in full, at the time the application is submitted, all of the
information requested on the application form as well as:
(a)
payment of the prescribed License fee as set out in By-law Number 297-2002;
(b)
identification of the site, if any, to be authorized by the License;
(c)
written permission from the site owner, to conduct the Business; and
(d)
any other document or information as may be required in any other Part of this
By-law.
2.04
License Fee
The fee for obtaining a License shall be as set out in By-law Number 297-2002. No fee
is refundable except in the event that a License is revoked by reason of municipal staff
error. In that case the Licensee is entitled to a full refund.
2.05
Application Subject to Approval
Every site for which the Applicant seeks a Stationary Peddler License will be subject to
investigation approvals from the City's Police Services Department and the Licensing &
Enforcement Division of the City's Development Services Department.
2.06
License Surrender
A Licensee may at any time surrender a License. Surrender of a License does not entitle
the Licensee to a refund of all or any portion of the License fee paid.
2.07
Transfer Prohibited
Every License, at all times, is Owned by the City and is valid only in respect of the
Person and/or the site named in the License. No License may be sold, purchased, leased,
mortgaged, charged, encumbered or assigned. Should a Business relocate, the Licensee
must apply for a new Stationary Peddler License for the new site.
2.08
Circulation Requirement
Before issuance of a License the Applicant shall circulate the application to those persons
or agencies as set out in the relevant application, as applicable to the class and status of
the License. In all cases, the Manager shall confirm with the Development Services
Department that the zone for the site from which the Business is to be carried out is
appropriate.
2.09
Negative Comments
The circulation referred to in section 2.08 may result in negative comments to the
Manager. Negative comments may result in the denial of the application under this By-
law. Alternatively, negative comments may result in the issuance of a License upon
specific conditions. Examples of negative comments may include:
(a)
the site from which the Stationary Peddler Business is to operate is the object of
an order to comply made under the Property Standards By-law, or an order made
under the Building Code Act, 1992;
(b)
the site from which the Stationary Peddler Business is to operate (or use of those
premises for the Business) is not in compliance with the Zoning By-law or any
other applicable by-law of the City;
(c)
the site from which the Stationary Peddler Business is to operate requires
corrective action pursuant to an order of the Medical Officer of Health;
(d)
the site from which the Stationary Peddler Business is to operate requires
corrective action pursuant to an order of the Fire Chief;
(e)
the site from which the Stationary Peddler Business is to operate (or use of such
for the Business) requires modification in order to remove a barrier as that term is
defined in the Ontarians With Disabilities Act, 2001 or similar legislation;
(f)
the Applicant was previously convicted of an offence pursuant to this (or a
predecessor) By-law, or related criminal offences; or
(g)
the Applicant is financially obligated to the City in some manner.
2.10
Denial
Where an Application for a License is denied the reasons for the denial shall be specified
in writing, and the Manager shall provide the Applicant with the reasons.
2.11
License Issuance
Where no negative comments are received as a result of the circulation required by
section 2.08, and where the Applicant's documentation is in order and the applicable fee
has been paid, the Manager shall grant the License, or the renewal, as applicable, to the
Applicant.
2.12
License with Conditions
The Manager may, in response to negative comments resulting from the circulation
required in Section 2.08, issue a License subject to specific conditions. The conditions
must address any deficiencies identified in the negative comments.
2.13
Time Limit
Except as otherwise provided in this By-law, Peddler Licenses shall come into effect on
the date that they are issued and are renewable one year from the date of issue.
Stationary Peddler Licenses shall be valid only for the time period for which they are
issued and are not renewable.
2.14
Posting or Carrying Licenses
The Licensee shall post the Stationary Peddler License in a conspicuous place at the site
to which the License applies. This section of the By-law may be complied with through
posting of a photocopy or other reproduction of the License, provided the original
License is maintained at the site and can be readily produced upon request. A Peddler
License must be carried at all times while the Licensee is Operating the Business.
2.15
Duplicate License
A duplicate License may be issued by the Manager to replace any License previously
issued which has been lost, stolen or destroyed, upon written application by the Licensee
and upon payment of a fee as set out in By-law Number 297-2002.
2.16
Revocation or Suspension
No Person enjoys a vested right in the continuance of a License. The Manager may
recommend to the Committee that a License be revoked or suspended for a certain period
of time in the following circumstances: the Licensee becomes denied to hold the
License;
(a)
the Licensee is unable to hold the License or carry on the Business under this By-
law or any other legislation;
(b)
the Licensee fails to comply with any condition imposed upon the License under
Section 2.12 of this By-law;
(c)
the Licensee has been convicted of an offence pursuant to this By-law on more
than one (1) occasion within a twelve (12) month period; or
(d)
the Licensee has been convicted of a related criminal offence.
2.17
Renewals
If the facts, conditions and negative comments are the same as had been received in a
prior year, and if the Manager authorized that License issue for that prior time period, the
Manager may renew the License. Notwithstanding this Section, all renewal applications
are subject to any circulation requirements pursuant to Section 2.08.
ARTICLE 3.00:
REGULATIONS AND OFFENCES
3.01
Operating without a License
It is an offence for a person to Operate a Business without having first taken out a
License from the City pursuant to this By-law.
3.02
Operation at Unauthorized Site
It is an offence for a Licensee to operate a Stationary Peddler Business from a site which
is not authorized by the License.
3.03
Cessation or Sale of a Business
It is an offence to fail to report to the Manager the cessation or sale of his or her Business.
This requirement does not apply to the cessation of a Stationary Peddler Business upon
the date the License expires.
3.04
Change of Address
It is an offence for a Licensee to fail to report to the Manager every change of mailing
address or telephone number of that Licensee within fifteen (15) days of the change.
3.05
Failure to Post License
It is an offence for a Licensee to fail to post his or her Stationary Peddler License in a
conspicuous place at the site to which the License applies.
3.06
Failure to Carry License
It is an offence for a Licensee to fail to carry his or her Peddler License at all times while
Operating the Business.
3.07
Single Location License
All goods, wares, merchandise, signs, and other paraphernalia related to the Business of a
Stationary Peddler must remain on the site which is licensed, and must not be situated,
even temporarily, on abutting properties, including highways.
3.08
Failure of Stationary Peddler to Keep Goods on Site
It is an offence for a Stationary Peddler to fail to keep on the site which is licensed all
goods, wares, merchandise, signs an other paraphernalia related to the Business.
3.09
Misuse of Peddler License
It is an offence for the holder of a Peddler License to establish, or to cause or permit to be
established, a display of his or her wares in one location and to vend, or cause or permit
others to vend from that location under the auspices of that License.
3.10
Misuse of Stationary Peddlers License
It is an offence for a Stationary Peddler to sell, or to cause or permit sales, from place to
place under the auspices of his or her License.
3.11
Exemptions
A Peddler License is not required by the following persons:
(a)
persons peddling goods, wares, or merchandise to wholesale or retail dealers in
similar goods, wares or merchandise;
(b)
growers, producers, or manufacturers (or their authorized agents or employees)
who reside in Thunder Bay and are peddling goods, wares or merchandise which
are grown, produced or manufactured in Ontario;
(c)
a farmer resident in Ontario peddling only goods, wares, merchandise or produce
from his or her own farms;
(d)
persons who lease or own realty within Thunder Bay upon which they operate a
business selling the same wares that are proposed to be peddled;
(e)
persons who sell milk or cream or fluid milk products either by wholesale or
retail;
(f)
persons who are agents or employees of Not For Profit Organizations, who are
vending for the sole benefit of the organization;
(g)
persons who sell wares at "home parties" upon the invitation of the Owner or
Occupant of the premises from which the sale will take place; or
(h)
crafts persons who exhibit or offer for sale, on a temporary basis, at one location
goods, wares or merchandise which they themselves have produced or created.
3.12
Onus of Proof of Qualification for Exemption
Any Peddler who claims an exemption under Section 3.11 of this By-law must provide to
the Manager, upon request, the appropriate evidence in support of the claim for the
exemption. Similarly, in a prosecution for breach of this By-law, the onus of proving an
exemption from requirement for a Peddler License is upon the person claiming the
exemption.
ARTICLE 4.00:
INSPECTIONS
4.01
Inspections
The Manager, the Police Chief or any person acting under those persons, or any person
authorized by Council may at reasonable times during business hours inspect:
(a)
any premises or place where a Stationary Peddler Business is carried on, or there
are reasonable and probable grounds to believe a Stationary Peddler Business is
being carried on; and/or
(b)
any goods, equipment, books, records or documents used or to be used by any
person in connection with a Business.
4.02
Hindering Inspections
It is an offence for any person to hinder or obstruct or to attempt to hinder or obstruct any
person exercising any power authorized by Section 4.01.
4.03
Re-Inspection Fee
When a re-inspection is required to:
(a)
confirm compliance with a condition imposed; or
(b)
to rectify a deficiency to prevent negative comments; or
(c)
because the Applicant failed to appear at a scheduled inspection;
a fee may be charged as set out in By-law 297-2002.
ARTICLE 5.00:
COMMITTEE
5.01
Delegation to Committee
Pursuant to section 468 of the Municipal Act, 2001, general licensing powers contained in
Part IV of the Municipal Act, 2001 are assigned by the Council to the Committee. The
Committee shall make all final decisions with respect to refusal to issue, suspension or
revocation of a License under this By-law.
5.02
Applicant Request for Hearing
An Applicant may, upon payment of the fee set out in By-law 297-2002, request a
hearing of the Committee to:
(a)
review the determination by the Manager under Section 2.10 that the application
for a License be denied; or
(b)
review any conditions imposed upon a License pursuant to Section 2.12 of this
By-law.
The request for a hearing under Section 5.02(a) shall be provided to the Manager within
fifteen (15) days of the date that the Applicant received the reasons for the denial under
Section 2.10. The request for a hearing under Section 5.02(b) shall be provided to the
Manager within fifteen (15) days of the date the License was issued.
5.03
Administration Request for Hearing
Where the Manager intends to recommend to Committee that a License be revoked or
suspended he or she shall give notice of the intended recommendation to the Applicant or
Licensee, together with the reason for their intended recommendation, as well as to such
other persons, civic departments, boards, commissions, authorities or agencies as appear
to have an interest in the recommendation. This notice shall include the details required
by Section 5.04 of this By-law.
5.04
Notice of Hearing
The notice required by Section 5.03 shall:
(a)
contain a reference to Sections 150 and 252 of the Municipal Act, 2001 under
which the hearing will be held;
(b)
contain the reasons for the proposed conditions, refusal, suspension or revocation;
(c)
specify the time, place and purpose of the hearing of the Committee at which the
proposed refusal, suspension or revocation will be considered;
(d)
inform the affected Applicant or Licensee that he or she is entitled to attend the
hearing and to present evidence and to make submissions regarding the proposal
and that, in his or her absence, the Committee may proceed to consider the
proposal, and the Applicant or Licensee will not be entitled to any further notice
of the proceeding;
(e)
afford the affected Applicant or Licensee 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 fifteen (15) days notice prior to the date of the Committee
hearing.
5.05
Hearing by Committee
At the hearing, the Committee may suspend, revoke or refuse to issue any License, may
amend conditions imposed on a License, or may add conditions to a License:
(a)
for any reason that would deny the Licensee for a License if he or she were an
Applicant;
(b)
where the Licensee or Applicant is in breach of a condition 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 to the issuance of the License
which indicates that the Licensee no longer complies with any of the provisions of
this By-law; or
(d)
if the conduct of the Applicant or Licensee affords reasonable cause to believe
that the Applicant or Licensee will not carry on or engage in the Business in
accordance with the law or with honesty or integrity.
5.06
Committee Decision
A decision of the Committee refusing, suspending, amending or adding conditions to, or
revoking an application or License takes effect upon the rendering of such decision by the
Committee.
ARTICLE 6.00:
ENFORCEMENT AND PENALTIES
6.01
Enforcement
This By-law may be enforced by any Municipal Law Enforcement Officer.
6.02
Penalties
Every person who commits an offence pursuant to this By-law is liable, upon conviction,
to the penalties prescribed in the Provincial Offences Act.
ARTICLE 7.00:
PREDECESSOR BY-LAWS; EFFECTIVE DATE
7.01
References to Predecessor By-laws
References in other by-laws governing Thunder Bay to any historically applicable
licensing by-law relating to hawkers or peddlers are deemed to be references to this By-
law.
7.02
Effective Date
This By-law shall come into force on January 1, 2006.
Enacted and passed this 19th day of December, A.D. 2005 as witnessed by the Seal of the
Corporation and the hands of its proper Officers.
Lynn Peterson
Mayor
Bonnie Nistico
Deputy City Clerk