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CONSOLIDATED VERSION
This consolidation is prepared for convenience only; for accurate reference see by-
laws as adopted by Council.
. .
BY-LAW NUMBER 2012-114
OF
THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
BEING A BY-LAW TO PROVIDE FOR THE LICENSING AND
REGULATION OF VARIOUS BUSINESSES IN THE TOWNSHIP OF
UXBRIDGE
WHEREAS, pursuant to the provisions of Part IV of the Municipal Act, 2001 S.O. 2001,
c.25, as amended, the Council of the Corporation of the Township of Uxbridge may pass
By-laws for licensing, regulating and governing businesses;
AND WHEREAS subsection 10(1) of the Municipal Act, 2001 S.O. 2001, c.25, as
amended, provides that a municipality may provide any service or thing that the
municipality considers necessary or desirable for the public;
AND WHEREAS Section 10(2) of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may provide any service or thing that the municipality
considers necessary or desirable for the public including business licensing, the health,
safety and well-being of persons in the municipality and the protection of persons and
property;
AND WHEREAS Section 150 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
allows a municipality to licence, regulate and govern any business wholly or partially
carried on within the municipality, even if the business is being carried on from a location
outside the municipality;
AND WHEREAS Sections 390 - 400 of the Municipal Act, 2001 S.O. 2001, c.25, as
amended, enable municipalities to pass By-laws for imposing fees or charges for permits
and services provided or done by them;
AND WHEREAS Section 444 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that the municipality may make an order requiring the person who contravened
the by-law or who caused or permitted the contravention or the owner or occupier of the
land on which the contravention occurred to discontinue the contravening activity, and any
person who contravenes such an order is guilty of an offence;
AND WHEREAS, pursuant to Section 150 of the Municipal Act, 2001 S.O. 2001, c.25, as
amended, the Council for the Corporation of the Township of Uxbridge is exercising its
licensing powers including imposing conditions, for the following reasons, as identified in
Section 11 of the Municipal Act, 2001 S.O. 2001, c.25, as amended:
- Economic, social and environmental well-being of the municipality;
- Health, safety and well-being of persons; and
- Protection of persons and property, including consumer protection.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
UXBRIDGE HEREBY ENACTS A BY-LAW AS FOLLOWS:
SHORT TITLE
This By-law shall be known and may be cited as the "Business Licensing By-law."
Section 1 - Definitions
For the purpose of this By-law, the definitions and interpretations given in this Section shall
govern.
1.1
"Acquire" shall mean the process by which one comes into possession of a good by
any means including, without limitation, purchase, receipt, trade, taking in exchange
or holding.
1.2
"Applicant" shall include a person seeking a licence, or renewal of a licence or a
person whose licence is being considered for revocation or suspension.
1.3
"Clerk" shall mean the Clerk of the Corporation of the Township of Uxbridge.
1.4
"Client" shall mean an applicant for treatment, individuals currently involved in the
methadone treatment and those formerly involved in the methadone program.
1.5
"Council" shall mean the Council of the Corporation of the Township of Uxbridge.
1.6
"Deal" shall mean either acquisition or disposition.
1.7
"DineSafe Durham" shall mean a Food Safety Inspection Disclosure Program
established by the Durham Region Health Department that applies to general food
service establishments, institutional food service establishments and Mobile Food
Service Premises.
1.8
"Disposition" shall mean the loss of possession of a good by any means including,
without limitation, sale, lease, trade or exchange.
1.9
"Durham Food Safety Inspection Report" shall mean the original inspection report
that corresponds to an inspection conducted by a Durham Region public health
inspector that is issued to an operator noting infractions and the requirement to
comply with all appropriate legislation.
1.10 "Durham Food Safety Inspection Summary Sign" shall mean the original coloured
sign issued by a Durham Region public health inspector to a Refreshment Vehicle
under the Region of Durham DineSafe Durham Program.
1.11 "Eating Establishment" shall have the same definition as in the current Township
Zoning By-law, being a building or part of a building where food is offered for sale or
sold to the public for immediate consumption and includes a restaurant, dining
room, café, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop,
snack bar or refreshment room or stand; but does not include a boarding or rooming
home.
1.12 "Food" shall mean anything served, offered, prepared, intended or held out as being
available for human consumption and includes drink.
1.13 "Highway" shall mean a highway within the meaning of The Municipal Act, 2001
S.O. 2001, c.25, as amended and Highway Traffic Act R.S.O. 1990, CHAPTER H.8,
as amended.
1.14 "Holding Area" shall mean that part of a Second Hand Shop in which Second Hand
Goods are retained and not offered or displayed for purposes of disposition.
1.15 "Licensee" shall mean the Applicant and holder of a business licence issued by the
Township.
1.16 "Lot" shall mean a parcel or tract of land capable of being conveyed and described
in a deed or other legal document which:
(a) is a whole lot described in accordance with and is within a registered plan of
subdivision, other than a registered plan of subdivision which has been
deemed by the Township not to be a registered plan of subdivision under a
By-law passed pursuant to The Planning Act, R.S.O. 1990, c. P.13, as
amended; or
(b) is a legally separated parcel of land in existence on the date of passing of
this By-law, and which so continues to the relevant time; or
(c) has received a final and binding consent to a conveyance pursuant to The
Planning Act, R.S.O. 1990, c. P.13, as amended; or
(d) is the whole remnant remaining to an owner or owners after a conveyance
has been made with a final and binding consent pursuant to The Planning
Act, R.S.O. 1990, c. P.13, as amended, but for the purpose of this clause no
parcel or tract of land ceases to be a lot by reason only of the fact that a part
or parts of it has or have been conveyed to the Township, the Region or any
municipality; or, Her Majesty in the Right of Ontario, Her Majesty in the Right
of Canada; or for the construction of a transmission line as defined in The
Ontario Energy Board Act, 1998. S.O. 1998, CHAPTER 15, as amended.
1.17 "Methadone Maintenance Treatment (MMT)" shall mean a treatment program that
includes the use of methadone which may also include any or all of the following
components delivered in a variety of ways and at varying levels of intensity;
(a) methadone dose;
(b) medical care;
(c) other substance use treatment;
(d) counseling and support;
(e) mental health services;
(f) health promotion, disease prevention and education;
(g) linkages with other community-based supports and services; and
(h) outreach and advocacy
1.18 "Methadone Maintenance Treatment Establishment (MMTE)" shall mean a business
establishment where MMT is provided, but does not include a Hospital recognized
by the Ministry of Health and Long-Term Care or a Pharmacy under the Drug and
Pharmacies Regulation Act R.S.O. 1990, CHAPTER H.4 where MMT is an ancillary
function to the primary business.
1.19 "Mobile Refreshment Vehicle" shall mean a Refreshment Vehicle that is propelled
by means other than an on-board motor or engine.
1.20 "Motorized Mobile Refreshment Vehicle" shall mean a Mobile Refreshment
Vehicle that is self- propelled by means of an on-board motor or engine.
1.21 "Officer" shall mean a Municipal Law Enforcement Officer appointed by Township
of Uxbridge By-law, a Police Officer, person authorized by Council or an assigned
individual with the responsibility for enforcing and administering this By-law.
1.22 "Operator" shall mean any person who occupy, manage, control, govern, or has
responsibility for and control over the activity carried on, or within, a licensed
business or a business that is required to be licensed.
1.23 "Owner" shall include a person who, alone or with others, owns or is a director or
officer of a corporation, as prescribed in a corporate profile or assessment roll,
which owns a licensed business or a business that is required to be licensed.
1.24 "Pawnbroker" shall mean a person who carries on the business of taking by way of
pawn or pledge any article for the repayment of money lent thereon and who
otherwise conducts himself in accordance with the provisions and requirements of
the Pawnbrokers Act, R.S.O.1990, c.P.6 as amended.
1.25 "Person" shall include an individual, a sole proprietorship, a partnership, an
unincorporated association, a trust, a body corporate or a natural person.
1.26 "Place of Amusement" shall mean any place, building or structure or part thereof to
which the public has access where coin-operated arcade machines or video display
devices, pinball machines or pool, billiard, snooker or bagatelle tables are located
but do not include:
(a) those premises licensed under the Liquor Licence Act, R.S.O.1990,c.L19;
(b) those premises with less than a total of two (2) coin-operated arcade
machines or video display devices, pinball machines or pool, billiard, snooker
or bagatelle tables.
1.27 "Premises" shall mean any structure, building, vehicle or thing used in conjunction
with a licence issued pursuant to the provisions of this By-law.
1.28 "Prohibited Animal" shall mean an animal set out in Schedule "A" of By-law No.
2013-168, and shall include livestock and wildlife;
1.29 "Prohibited Animal Education Event" shall mean any exhibit, public show, circus,
carnival, petting zoo or other display or act of education or entertainment using any live
Prohibited Animal in accordance with the Township Comprehensive Business Licensing
By-law No 2012-114;
1.30 "Refreshment Vehicle" shall mean a vehicle within or from which food is prepared,
offered, sold or otherwise made available for consumption by persons.
1.31 "Salvage" shall mean:
(a) a dismantled vehicle or any part thereof;
(b) a dismantled kitchen appliance or any part thereof; or
(c) scrap aluminum, brass, copper, metal or steel;
1.32 "Salvage Yard" shall mean a premises where Salvage is received, collected, sorted,
processed, handled, dismantled, crushed, recycled, demolished, displayed, stored,
sold or purchased for commercial gain;
1.33 "Second Hand Dealer" shall mean a person dealing in Second Hand Goods.
1.34 "Second Hand Dealer - Salvage" shall mean a person dealing in Second Hand
Goods exclusively for the purpose of wrecking, dismantling and recycling such
goods prior to their disposition.
1.35 "Second Hand Goods" shall mean any article which is offered to or acquired by a
Second Hand Dealer.
1.36 "Second Hand Shop" shall mean the premises or the parts of the premises from or
upon which a Second Hand Dealer is licensed, or required to be licensed to deal in
Second Hand Goods.
1.37 "Seller" shall mean a person who sells or offers to sell any Second Hand Goods to a
Second Hand Dealer.
1.38 "Sidewalk" shall mean those portions of a Highway set apart and improved for the
use of pedestrians.
1.39 "Stationary Refreshment Vehicle" shall mean a Refreshment Vehicle operated from
one lot.
1.40 "Township" shall mean the Corporation of the Township of Uxbridge.
1.41 "Transient Trader" shall mean any person who:
(a) goes from door to door with goods, wares or merchandise for sale, or who
carries and displays samples, patterns or specimens of any goods, wares or
merchandise for which immediate sales are made and for which orders are
taken with delivery to follow;
(b) sells from a permanent structure on a temporary basis, goods, wares or
merchandise for sale, or who carries and displays samples, patterns or
specimens of any goods, wares or merchandise for which immediate sales
are made or for which orders are taken with delivery to follow;
(c) has no permanent Place of Business; or
(d) is engaged in retail sales but does not have a commercial store front and
includes his employees, but does not include:
(i)
Service clubs, not for profit clubs and charitable organizations; or
(ii)
Refreshment Vehicles.
1.42 "Treasurer" shall mean the Treasurer of the Corporation of the Township of
Uxbridge.
1.43 "Vehicle" shall have the same meaning as defined in Highway Traffic Act R.S.O.
1990, CHAPTER H.8, as amended, and includes a motor Vehicle, trailer, bicycle
and any Vehicle drawn, propelled or driven by any kind of power, including
muscular power.
1.44 "Vehicle Identification Number" also referred to as "VIN" shall mean a series of
numbers and letters (usually 17 digits long) used to identify each vehicle by its
country of origin, manufacturer, description, year and sequence of production.
Section 2 - General Provisions
ADMINISTRATION OF BY-LAW
2.1
Unless otherwise indicated, the administration of this By-law is assigned by Council
to the Clerk who may delegate the performance of his functions under this By-law
from time to time as occasion requires.
2.2
In this By-law, unless the contrary intention is indicated, words used in the singular
shall include the plural and words used in the male gender shall include the female
gender or vice versa, where applicable.
2.3
The regulations contained in Section 2 of this By-law shall apply to all licences
required under the provisions of this By-law.
ENFORCEMENT OF BY-LAW
2.4
An Officer shall be responsible for the enforcement of this By-law.
2.5
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or
the Clerk while exercising any power or performing any duty under this By-law.
2.6
Any Officer acting under the provisions of this By-law may at reasonable times
during business hours inspect:
(a) any premises or place where a trade which is subject to this By-law is carried
on or any such person has reasonable or probable grounds to believe such a
trade is being carried on; and
(b) any goods, equipment, books, records or documents used or to be used by
the Applicant or Licensee under this By-law.
LICENSING - POWERS
2.7
The Township system of licences with respect to businesses may:
(a) prohibit the carrying on of or engaging in the business without a licence;
(b) refuse to grant a licence, refuse to renew a licence or to revoke or to
suspend a licence;
(c) impose conditions, including special conditions as a requirement of
obtaining, continuing to hold or renewing a licence;
(d) 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, to continue
to hold or to renew a licence; or
(e) licence, regulate or govern real and personal property used for the business
and the persons carrying it on or engaged in the business.
LICENSING POWERS OF CLERK
2.8
The Clerk may issue, refuse to issue, refuse to renew, to revoke or suspend a
licence under the provisions of this By-law.
LICENCE SHALL BE DISPLAYED
2.9
No person holding a licence issued pursuant to this By-law shall fail to:
(a) display the licence in a conspicuous place in or on the said premises;
(b) display the licence in a conspicuous place in or on the said vehicle;
(c) maintain the licence on their person while conducting the business or activity
for which the licence was issued; or
(d) where a Licensee is issued a plate obtained under this By-law bearing
an identifying number, affix the plate to the rear of the vehicle for which it
was issued in a conspicuous position.
2.10 Every person so licensed shall, when requested by any Officer, produce the licence
for inspection.
TERM OF LICENCE
2.11 A licence issued under the provisions of this By-law shall be valid only for the period
of time for which it was issued. All licences shall expire annually on December 31st,
at 11:59 p.m.
NUISANCE CONTROL
2.12 Every Licensee under this By-law is responsible for the due performance and
observance of all the provisions of this By-law by himself and by his employees and
all other persons in or upon the premises which are Licensed under the provisions
of this By-law.
2.13 Every Licensee under this By-law, in addition to any other provisions or
requirements expressed elsewhere in this By-law, shall:
(a) at all times maintain and keep safe, clean and in good condition and repair
any object, vehicle, place of business or premises for which the licence is
issued;
(b) 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 licence was issued; and
(c) not cause or commit any nuisance to arise in, or in connection with the
object, vehicle, place of business or premises for which the licence was
issued.
LICENCE FEES
2.14 All licence fees are for administrative purposes and are, therefore, non-refundable if
the application is refused for any reason or is withdrawn by the Applicant prior to the
issuance of a licence.
2.15 All licence fees shall be as set out in Schedule 'A' to this By-law, and shall be
reflected in the Township Fees By-law.
2.16 The Clerk shall charge the late application fee as set out in Schedule 'A' of this By-
law and shall be reflected in the Township Fees By-law, to Applicants making
application for renewal of a licence after the 31st day of January in the year for
which the application is made.
2.17 A duplicate licence may be issued by the Clerk to replace any licence previously
issued which has been lost, stolen or destroyed and the Licence Replacement Fee
shall be as set out in Schedule 'A' to this By-law, and shall be reflected in the
Township Fees By-law.
LICENCE APPLICATION - FULL INFORMATION REQUIRED
2.18 Every Applicant shall provide in full a complete application, at the time the
application is submitted or the Clerk shall not accept the application.
2.19 Every Applicant shall provide in full a complete application, at the time the
application is submitted, all of the information required on the application shall
provide:
(a) payment of the prescribed licence fees set out in Schedule 'A' of this By-law;
(b) any other document or information as may be required in any other Section
of this By-law;
(c) the name under which the Applicant carries on or intends to carry on the
business; and
(d) any other affidavit, document or information as may be requested by the
Clerk at any time during the term of the licence.
LICENCE APPLICATION - CRIMINAL REFERENCE CHECK
2.20 Every Applicant shall submit an original Criminal Reference Check for the Applicant
and his operators and employees, which is dated thirty (30) days or less before the
date of the licence application and shall include vulnerable sector screening, all at
his own expense.
2.21 Where the Applicant or Licensee is a corporation, or a partnership the Applicant or
Licensee shall provide a Criminal Reference Check for all of his operators and
employees who are proposed to be engaging in the licensed business, which is
dated thirty (30) days or less before the date of the licence application and shall
include vulnerable sector screening, all at his own expense.
2.22 During the term of the licence the Licensee shall provide the Clerk with an original
Criminal Reference Check for any and all new operators or employees, before the
operator or employee conducts business for which the licence was issued, which is
dated thirty (30) days or less before the date of submission to the Clerk and shall
include vulnerable sector screening, all at his own expense.
2.23 The Clerk shall refuse to issue a licence to any person or shall refuse to renew or to
revoke or suspend a licence to any Licensee who employs any person;
(a) who has been convicted of any offence included in Sections 150-174 of the
Criminal Code of Canada R.S.C.1985,C-46, as amended, (Sexual Offences),
for which a pardon has not been granted;
(b) who has been convicted of any offence under the Controlled Drugs and
Substances Act, S.C.1996,c.19, as amended, or its predecessor or
successor legislation, for which a pardon has not been granted;
(c) who has any unpaid fines outstanding arising from a conviction for an
offence under this By-law;
(d) who has submitted false information or documents in support of an
application for a licence; or
(e) who has not satisfied all of the requirements of this By-law.
2.24 The Licensee shall not employ any persons convicted of a crime during the term of
the licence that would cause the Clerk to refuse the application if he were the
Applicant.
2.25 In the event that an Applicant or his employees has been convicted of a criminal
offence other than those listed in Section 2.23, he may be issued a new licence at
the discretion of the Clerk.
LICENCE APPLICATION AND LICENCE RENEWAL APPLICATION
2.26 Applications for all licenses issued under the provisions 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, shall be stamped with the date and time of
receipt and processed in the order in which they are received; and
(c) shall 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 Township in the preceding year.
CONDITIONS FOR LICENCE ISSUANCE AND RENEWAL
2.27 Every licence that is issued for the first time, and every renewal thereof, is subject
to the following conditions, all of which shall be performed and observed by the
Applicant or Licensee of the business:
(a) the Applicant shall pay the applicable licence fee;
(b) the Applicant or Licensee shall not carry on activities that are in
contravention of this By-law or any other Municipal By-law;
(c) the Applicant or Licensee shall pay in full, any fine for contravention of this
By-law or any other Municipal By-law by himself or any of his operators or
employees 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;
(d) the Applicant or Licensee shall not construct or equip the premises used for
the business so as to hinder the enforcement of this By-law;
(e) the conduct of the Applicant or Licensee shall not afford 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;
(f) the Applicant or Licensee, or an individual who is a member of a partnership
that is the Licensee, shall be a Canadian citizen or a person lawfully admitted
to Canada for permanent residence and ordinarily resides in Canada;
(g) where the Applicant or Licensee is a corporation, or a partnership of which a
member is a corporation, the conduct of its officers or directors or of a
shareholder who owns or controls ten percent (10%) or more of its issued
and outstanding voting and non-voting shares shall not afford 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;
(h) where the Applicant or Licensee is a corporation, or a partnership of which a
member is a corporation, a majority of the members of the board of directors
shall be Canadian citizens or persons lawfully admitted to Canada for
permanent residence and ordinarily reside in Canada;
(i) where the Applicant or Licensee is a corporation, it shall, within fifteen (15)
days after the event, notify the Clerk in writing where there is a change in an
officer or director of the corporation or where there is a change in the
controlling interest;
(j) the premises in which the business is located shall be in accordance with the
requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended
and the Regulations thereunder, the Fire Protection and Prevention Act,
1997, S.O. 1997, c. 4, as amended, and Regulations thereunder, and any
By-law of the Township or the Regional Municipality of Durham prescribing
standards for the maintenance and occupancy of property within the
Township;
(k) 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, 1992, S.O. 1992, c. 23, as
amended, and the Regulations thereunder, the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4, as amended, and the Regulations
thereunder, and any By-law of the Township of Uxbridge or the Regional
Municipality of Durham prescribing standards for the maintenance and
occupancy of property within the Township;
(l) the Applicant or Licensee shall have a contractual or proprietary interest in
the lands and premises upon which the business is to be operated which will
enable the Applicant or Licensee to carry on the business;
LICENCE APPLICATION - SUBJECT TO APPROVAL
2.28 Every licence application will be subject to investigations by and comments or
recommendations from such municipal or provincial departments or agencies as the
Clerk deems necessary, or as directed by Council, including but not limited to:
(a) Durham Region Police,
(b) Durham Region Health Department,
(c) Township of Uxbridge Fire Department,
(d) Development Services Department,
(e) By-law Enforcement Department.
INCOMPLETE APPLICATION
2.29 Any business licence application that does not comply with the provisions from
Section 2.27 shall be deemed incomplete and shall be returned by registered mail
to the applicant pursuant to Section 2.35 of this By-law.
2.30 Any licence application that has not received approvals from all municipal or
provincial departments or agencies as the Clerk deems necessary within ninety (90)
days from the date of the filing of the application, due to the Applicant's inability to
comply with the requirements to become licensed, shall be deemed to be
incomplete unless the application is referred to Council pursuant to Section 2.42 of
this By-law.
INFORMATION HELD BY CLERK IS OPEN TO INSPECTION
2.31 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 or Officer 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. R.S.O.
1990, CHAPTER M.56, as amended.
RECORDS TO BE KEPT AS REQUIRED
2.32 No person shall fail to keep any and all of the records required to be kept under the
provisions of any Section of this By-law.
2.33 Records that are required by any Officer to be kept under the provision of any
Section of this By-law shall be produced upon request. The request shall be sent
by registered mail pursuant to Section 2.35 of this By-law. The Applicant or
Licensee shall produce said records within five (5) days receipt of the request sent
by registered mail.
Notice
2.34 Every Applicant or Licensee shall notify the Clerk in writing within ten (10) days of
any change in his business address or mailing address and shall be sent to:
Clerk
Township of Uxbridge
P.O. Box 190
51 Toronto Street South
Uxbridge, ON
L9P 1T1
2.35 Any notice or request made pursuant to this By-law may be given in writing by
registered mail and is effective:
(a) on the date on which a copy is hand delivered to the person to whom it is
addressed;
(b) on the fifth (5th) day after a copy is sent by registered mail to the person's last
known address.
2.36 For the purpose of Section 2.35 of this By-law, the Applicant or Licensee's last
known address shall be deemed to include those provided pursuant to Section 2.26
of this By-law as they may be changed pursuant to Section 2.34 of this By-law.
TRANSFER OF LICENCE IS PROHIBITED
2.37 Every licence, at all times, is owned by and is the property of the Township 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 licence, and no licence may be sold,
purchased, leased, mortgaged, charged, encumbered, assigned, pledged,
transferred, seized or otherwise dealt with.
CONTRAVENTION OF OTHER LAWS PROHIBITED
2.38 The issuance or renewal of a licence under this By-law is not intended and shall not
be construed as permission or consent by the Township for the Licensee to
contravene or to fail to observe or comply with any law of Canada or Ontario or any
other By-law of the Township or the Regional Municipality of Durham.
2.39 If there is a conflict between a provision in this By-law and a provision of any other
Township By-law, the provision that establishes the highest standard to protect the
health, safety and welfare of the general public shall apply.
REVOCATION OF LICENCE
2.40 The Clerk may revoke a licence:
(a) which is voluntarily surrendered by the Licensee for revocation;
(b) at any time when the Licensee fails to meet any provision of this By-law,
any other Municipal By-law, any Federal or Provincial Statute or other
Legislation; or
(c) that was obtained by any mistake or misstatement.
NOTICE OF LICENCE REFUSAL, REVOCATION OR SUSPENSION
2.41 Where the Clerk decides to refuse to issue, to refuse to renew, to revoke or
suspend a licence, he shall give notice of his decision for refusal to the Applicant,
together with the reason for his decision, as well as to such other persons, civic
departments, boards, commissions, authorities or agencies as appear to have an
interest in the decision.
REQUEST FOR A HEARING
2.42 Every Applicant within ten (10) days of receipt of a Notice of Licence Refusal,
Revocation or Suspension from the Clerk pursuant to Section 2.41 of this By-law
may appeal the Licence Refusal, Revocation or Suspension and request a hearing
before Council. Such request for a hearing shall be in writing and shall be
accompanied by the Hearing Fee as set out in Schedule 'A' to this By-law, and shall
be reflected in the Township Fees By-law.
NOTICE OF HEARING - CONTENT
2.43 Where the Clerk receives a written request for a hearing in compliance with Section
2.42 of this By-law the Clerk shall schedule a hearing before Council and shall
provide Notice of Hearing to the Applicant pursuant to Section 2.35 of this By-law.
The Notice of Hearing shall:
(a) contain a reason or reasons for the refusal, suspension or revocation;
(b) specify the time, place and purpose of the hearing of Council at which the
refusal, suspension or revocation will be considered;
(c) inform the Applicant that he is entitled to attend the hearing and make
submissions regarding the decision and that, in his absence, Council may
proceed to consider the decision and the Applicant will not be entitled to any
further notice in the proceeding;
(d) be given at least ten (10) days notice prior to the date of the Council hearing.
SUSPENSION - INTERIM - HEARING PENDING
2.44 Where there is a request for a hearing to Council pursuant to Section 2.42 of this
By-law, the Clerk may, where the Clerk considers it to be necessary and in the
public interest, immediately suspend the licence for a period not exceeding fourteen
(14) days.
SUSPENSION - INTERIM NOTICE CONTENT
2.45 The Notice of Hearing in Section 2.43 of this By-law shall inform the Applicant of
any interim suspension under Section 2.44 of this By-law.
COUNCIL - HEARING PROCEEDINGS
2.46 At a Hearing, Council:
(a) shall afford the Applicant an opportunity, to make submissions in respect of
the matter that is the subject of the Council hearing;
(b) shall afford any person, department, board, authority or agency given notice
under Section 2.41 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 the Council
hearing;
(c) may close a portion of the hearing to the Applicant 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 licence,
or not to refuse, suspend or revoke the application or licence, as Council
considers proper in the circumstances; and
(g) shall give written notice of its decision to the Applicant, and to any person,
department, board, authority or agency in attendance at the hearing, together
with reasons for its decision.
HEARING - REFUSAL - SUSPENSION - REVOCATION BY COUNCIL
2.47 At the hearing, Council may suspend, revoke or refuse to issue or refuse to renew
any license that may be issued under the provisions of any Section of this By-law:
(a) where the Applicant is in breach of a condition of the licence or of this By-
law;
(b) if a report is filed subsequent to the date of the issuance of the
licence or by any department or agency which provided its approval
originally to the issuance of the licence which indicates that a
licensed premises no longer complies with any of the provisions of
this By-law; upon such grounds as are set out in this By-law; and
(c) if the conduct of the Applicant affords reasonable cause to believe that the
Applicant will not carry on or engage in the business in accordance with the
law or with honesty and integrity.
COUNCIL - DECISION - IMMEDIATE EFFECT - FINAL
2.48 A decision of Council to refuse to issue, refuse to renew, to suspend or to revoke an
application or licence takes effect immediately upon the rendering of such decision
by Council.
2.49 A decision of Council shall be final and binding.
Section 3 - Businesses Requiring a Licence
3.1
No person shall either directly or indirectly carry on, conduct, operate, maintain,
keep or engage in any of the following categories of business within the Township
without a current licence:
(a) Place of Amusement
(b) Refreshment Vehicle
(c) Transient Trader
(d) Second Hand Dealer & Shop
(e) Pawnbroker
(f) Methadone Maintenance Treatment Establishment
3.2
No person shall carry on conduct, operate, maintain, keep or engage in any of the
categories of business within Section 3.1 in a dwelling unit or any building or part
thereof used as a dwelling unit as defined in the Township of Uxbridge Zoning By-
law.
3.3
No person shall use a premises for the purpose of business if it is not permitted or
does not conforms with the uses of the premises permitted under the applicable
Zoning By-law or is not a legal non-conforming use.
Section 4 - Places of Amusement
GENERAL CONDITIONS - LICENCE
4.1
Every licence that is issued for the first time and every renewal thereof, is subject to
Section 2 of this By-law, as well as the following conditions of obtaining, continuing
to hold or renewing a licence, all of which shall be performed or observed at all
times while the licence is in force.
4.2
Every person who owns or operates a Place of Amusement shall:
(a) obtain the appropriate business licence from the Clerk prior to doing any
business;
(b) sufficiently illuminate the licensed premises so as to not impede or restrict
the observation and supervision of the premises and its occupants and so as
to provide for the safe use of and exit from the premises; and
(c) not permit the premises to be open to the public without a responsible adult
who is eighteen (18) years or older, who is an employee, present for the
purpose of directly supervising and overseeing the licensed premises.
4.3
Every person who owns or operates a Place of Amusement shall not permit:
(a) any person to loiter, create a disturbance or cause undue noise while on the
licensed premises;
(b) any person to cause an impediment or obstruction to general pedestrian
movement;
(c) the breach of any law, whether Federal, Provincial or Municipal; and
(d) any person to remain on the premises who appears to be intoxicated or has
in his possession any illicit drug or alcohol product.
INSURANCE
4.4
Every Owner of a Place of Amusement shall maintain valid liability insurance
coverage in an amount not less than two million dollars ($2,000,000) per
occurrence.
4.5
Such Place of Amusement liability insurance coverage shall be in the name of the
Owner and shall name the Township of Uxbridge as an additional insured
thereunder.
4.6
A Certificate of Insurance satisfactory to the Clerk shall be provided as proof that
insurance is in place for the term of the licence.
4.7
The Owner of a Place of Amusement shall indemnify and save harmless the
Township of Uxbridge for all losses, costs, damages, charges and expenses
whatsoever that may be incurred, sustained or paid by the Township resulting from
the negligent acts, omissions and/or breach of contract in the performance of the
Owner's obligations under this By-law.
Section 5 - Refreshment Vehicles
GENERAL CONDITIONS - LICENCE
5.1
Every licence that is issued for the first time and every renewal thereof, is subject to
Section 2 of this By-law, as well as the following conditions of obtaining, continuing
to hold or renewing a licence, all of which shall be performed or observed at all
times while the licence is in force.
5.2
Every application for a Refreshment Vehicle licence shall be accompanied by:
(a) the Operator Licence Fee, for each of the Owner's individual Operators, as
set out in Schedule 'A' to this By-law, and shall be reflected in the Township
Fees By-law.
(b) a photograph and detailed scale drawing of the Refreshment Vehicle;
(c) a copy of the most recent Durham Food Safety Inspection Report and the
Durham Food Safety Inspection Summary Sign issued by the Region of
Durham under the DineSafe Durham Food Safety Inspection Disclosure
program;
(d) if the vehicle is fitted with propane or natural gas, a current certificate issued
within thirty (30) days of the licence application by a provincially-authorized
propane or natural gas fitter, as the case may be, certifying that the Vehicle
to which the licence application relates complies with the applicable
equipment and performance statements as prescribed by the Province of
Ontario;
(e) the written approval of the owner or operator of any existing Eating
Establishment within thirty (30) metres of the proposed location of any
Refreshment Vehicle, such minimum separation distance to be measured
from the shortest distance between the Refreshment Vehicle and the Eating
Establishment;
(f) confirmation from the Township's Development Services Department that the
proposed location of the Refreshment Vehicle complies with the Township
Zoning By-law, where applicable; and
(g) confirmation from the Township's By-law Department and Township Building
Department that any signs comply with the Township Sign By-law, where
applicable.
(h) confirmation from the Township Fire Department that the Refreshment
Vehicle complies with the Fire Department inspection and approval to ensure
compliance with the Fire Code (this may also require installation of a kitchen
(fire) suppression system);
GENERAL CONDITIONS - LICENCE - STATIONARY REFRESHMENT VEHICLE
5.3
In addition to other requirements of the Licensing By-law including Section 5.2 of
this By-law, the Clerk may refuse to accept an application for a licence unless the
application includes, for each Stationary Refreshment Vehicle, the following:
(a) the legal description and municipal address of the lot on which the Stationary
Refreshment Vehicle is proposed to operate including, a copy of an
instrument that evidences ownership of the lot;
(b) the consent in writing of all owners of each lot on which it is proposed to
operate the Stationary Refreshment Vehicle; and
(c) a site plan drawn to scale that depicts the lot on which it is proposed to place
the Stationary Refreshment Vehicle including particulars of the location of the
Stationary Refreshment Vehicle in relation to the lot limits of the lands and to
any improvements on the lands.
GENERAL CONDITIONS - LICENCE - MOTORIZED MOBILE REFRESHMENT VEHICLE
5.4
In addition to other requirements of the Licensing By-law including Section 5.2 of
this By-law, the Clerk may refuse to accept an application for a licence unless the
application includes, for each Motorized Mobile Refreshment Vehicle, the following:
(a) a copy of the current vehicle registration;
(b) a safety standards certificate issued by a provincially authorized motor
vehicle inspection mechanic not more than thirty (30) days prior to the
submission of the licence application certifying that the vehicle to which the
licence application relates complies in all respects with the applicable
equipment and performance standards set out in regulations made under the
Highway Traffic Act R.S.O. 1990, CHAPTER H.8, as amended, or any
successor legislation in substitution therefore;
(c) an original drivers abstract certificate, dated not more than thirty (30) days or
less before the date of application for the Refreshment Vehicle licence;
(d) proof of motor vehicle liability insurance;
(e) proof that the vehicle bears a current provincial motor vehicle permit.
LICENCE CONDITIONS - ALL REFRESHMENT VEHICLES
5.5
In addition to other requirements of the Licensing By-law, no owner or operator of a
Refreshment Vehicle shall permit the Refreshment Vehicle to be operated except
pursuant to a licence issued pursuant to this Licensing By-law and except pursuant
to the following conditions, each of which is a condition as a requirement of
continuing to hold the licence:
(a) each operator is clean and wears headgear that confines the Operator's hair;
(b) each operator washes his hands thoroughly before handling food;
(c) each operator wears clean clothes that are neat in appearance;
(d) the Refreshment Vehicle is clean, sanitary, in good repair and
sufficiently constructed so as to protect against contamination of food;
(e) the floor of the Refreshment Vehicle is constructed of material that is
impervious and washable;
(f) the Refreshment Vehicle is equipped with no fewer than three (3) refuse
containers for solid wastes of which no fewer than two (2) are available to the
public, of which one shall be a recycling container;
(g) each recycling and refuse container shall be equipped with a self-closing lid,
maintained at all times in a clean and sanitary condition and is emptied when
full and at least once daily;
(h) the Refreshment Vehicle is equipped with a waste tank for the disposal of
liquid wastes including waste water and used cooking oil;
(i) the liquid waste tank is equipped with a functioning gauge that provides an
accurate and easily readable measurement of the quantity of liquid waste in
the tank;
(j) no liquid waste is disposed of except into the liquid waste tank and further
disposed of in accordance with the Ministry of the Environment requirements;
(k) a Refreshment Vehicle shall be brought forthwith to the place and at the time
that the Clerk or an Officer may, from time to time, direct for purposes of
inspection;
(l) Every person operating a Refreshment Vehicle shall provide and maintain a
multi-purpose dry chemical fire extinguisher with a minimum rating of
2A10BC, if the Refreshment Vehicle contains equipment fuelled by propane
or natural gas;
(m)A person owning more than one Refreshment Vehicle shall take out a
separate licence for each Refreshment Vehicle pursuant to Schedule 'A' of
this By-law, owned by him which is to be used in the Township;
(n) No person shall operate a Refreshment Vehicle drawn by animals;
(o) No person shall locate or operate a Refreshment Vehicle in a manner that
reduces parking allocation in contravention of the Township of Uxbridge
Zoning By-law parking requirements;
(p) No person shall vend or operate from a Refreshment Vehicle at a location
other than authorized on the licence;
(q) When requested to do so by an Officer, the owner or operator of a
Refreshment Vehicle shall move the Refreshment Vehicle immediately, as
instructed; and
(r) No person shall vend or operate a Refreshment Vehicle on Township
property.
ADDITIONAL LICENCE CONDITIONS - MOBILE REFRESHMENT VEHICLES
5.6
In addition to other requirements of the Licensing By-law including Section 5.5 of
this By-law, no owner or operator of a Mobile Refreshment Vehicle shall permit the
Mobile Refreshment Vehicle to be operated except pursuant to the following
additional conditions, each of which is a condition as a requirement of continuing to
hold the licence:
(a) all cooking appliances shall be designed, constructed, maintained and at all
times operated to prevent hot grease or cooking oil from escaping from the
appliance while the Mobile Refreshment Vehicle is in motion;
(b) no food shall be offered, sold or made available to any person on a highway
except a person who is within the limits of a sidewalk; and
(c) the Mobile Refreshment Vehicle shall not be operated:
(i)
on any highway under the jurisdiction of the Regional Municipality of
Durham;
(ii)
before April 1st or after October 30th in any calendar year;
(iii)
between 2:00 a.m. and 7:00 a.m. of any day;
(iv)
at any one (1) location for any one (1) period exceeding ten (10)
minutes;
(v)
within sixty (60) metres of the location from which it was most recently
operated;
(vi)
within sixty (60) metres of any location from which it was operated
within the immediately preceding twenty-four (24) hour period;
(vii)
within sixty (60) metres of any park or of any lot on which is situated a
School.
5.7
Notwithstanding Section 5.6 (c) iv) of this By-law:
(a) where persons who queue within the ten (10) minute period have not been
served, the period may be extended to the time that the last of such persons
is served; and
(b) a Mobile Refreshment Vehicle may be operated on a lot within Commercial
or Industrial Lands for any one (1) period not exceeding two (2) hours.
ADDITIONAL LICENCE CONDITIONS - MOTORIZED MOBILE REFRESHMENT VEHICLES
5.8
In addition to other requirements of the Licensing By-law including Sections 5.5, 5.6
and 5.7 of this By-law, no owner or operator of a Motorized Mobile Refreshment
Vehicle shall permit the Motorized Mobile Refreshment Vehicle to be operated
except pursuant to the following additional conditions, each of which is a condition
as a requirement of continuing to hold the licence:
(a) an owner maintains the insurance contemplated in Section 5.4(d) of this
By-law;
(b) the Motorized Mobile Refreshment Vehicle is equipped with a functioning
and audible sound-emitting warning device that is activated when the
Motorized Mobile Refreshment Vehicle is moving backward;
(c) the Motorized Mobile Refreshment Vehicle is constructed and maintained to
protect persons from exposure to engine exhaust fumes; and
(d) the Motorized Mobile Refreshment Vehicle is not operated on a sidewalk.
INSURANCE
5.9
Every Owner of a Refreshment Vehicle shall maintain valid liability insurance
coverage in an amount not less than two million dollars ($2,000,000) per
occurrence.
5.10 Such Refreshment Vehicle liability insurance coverage shall be in the name of the
Owner and shall name the Township of Uxbridge as an additional insured
thereunder.
5.11 A Certificate of Insurance satisfactory to the Clerk shall be provided as proof that
insurance is in place for the term of the licence.
5.12 The Owner of a Refreshment Vehicle shall indemnify and save harmless the
Township of Uxbridge for all losses, costs, damages, charges and expenses
whatsoever that may be incurred, sustained or paid by the Township resulting from
the negligent acts, omissions and/or breach of contract in the performance of the
Owner's obligations under this By-law.
EXEMPTIONS FROM REQUIREMENTS - LICENCE
5.13 The requirement for a licence permitting the operation of a Refreshment Vehicle is
waived by the Township of Uxbridge for the following:
(a) those charitable, non-profit groups, associations or corporations who sell
food and refreshments outdoors, to the general public, from barbeque-style
cooking equipment, for the purpose of fund-raising as part of a special event;
provided they have permission from the property owner
(b) those Refreshment Vehicles and concessions that operate at any Township
of Uxbridge Park through the duration of the various annual fairs, exhibitions
and other events, or operate at those Downtown Festivals sanctioned by the
Township, or operate in a Farmers Market currently holding membership in
the Farmers' Market Ontario ® organization.
Section 6 - Transient Traders
GENERAL CONDITIONS - LICENCE
6.1
Every licence that is issued for the first time and every renewal thereof, is subject to
Section 2 of this By-law, as well as the following conditions of obtaining, continuing
to hold or renewing a licence, all of which shall be performed or observed at all
times while the licence is in force.
6.2
Every Transient Trader selling from a permanent structure on a temporary basis
shall provide with his application:
(a) a description of the structure, including whether or not it is within a fully-
enclosed permanent structure;
(b) written permission from the property owner on whose property the structure
is to be used; and
(c) a written statement from the property owner of the timeframe the Transient
Trader will operate within the structure.
6.3
The licence issued shall clearly specify whether the Licensee is authorized to sell
from place to place or from a specified location.
6.4
No Transient Trader who is licensed to sell from place to place shall establish a
display in one location and to vend from it under the auspices of that licence.
6.5
No Transient Trader who is licensed to sell from one location shall sell from place to
place under the auspices of that licence.
6.6
No person shall carry on business as a Transient Trader for the purpose of selling
or offering for sale any product in a location which creates a public hazard or
nuisance.
6.7
Every Transient Trader selling from place to place shall carry visible photo
identification.
EXEMPTIONS
6.8
A person is not a Transient Trader if he:
(a) is an existing local producer, manufacturer or retailer making day sales or
seasonal sales, if the temporary selling activity is an extension of the existing
business at that location;
(b) is a local farm grower making day sales or seasonal sales if he has grown
and harvested the produce he is selling and it is being sold from his own
property;
(c) is a vendor in a Farmers Market currently holding membership in the
Farmers' Market Ontario; or
(d) operates from a property that is currently assessed in the Commercial or
Industrial Tax Class and is subject to Commercial or Industrial Taxes.
INSURANCE
6.9
Every Transient Trader Licensee shall maintain valid liability insurance coverage in
an amount not less than two million dollars ($2,000,000) per occurrence.
6.10 Such Transient Trader liability insurance coverage shall be in the name of the
Owner and shall name the Township of Uxbridge as an additional insured
thereunder.
6.11 A Certificate of Insurance satisfactory to the Clerk shall be provided as proof that
insurance is in place for the term of the licence.
6.12 The Transient Trader shall indemnify and save harmless the Township of Uxbridge
for all losses, costs, damages, charges and expenses whatsoever that may be
incurred, sustained or paid by the Township resulting from the negligent acts,
omissions and/or breach of contract in the performance of the Owner's obligations
under this By-law.
HOURS OF OPERATION
6.13 Transient Traders shall only engage in door to door sales during the following times
and on the following days:
Monday through Friday:
9:00 a.m. until 8:00 p.m.
Saturday
9:00 a.m. until 5:00 p.m.
6.14 Transient Traders shall not engage in door to door sales on Sundays
6.15 Transient Traders shall not engage in door to door sales on statutory holidays
Section 7-Second Hand Dealers and Shops
GENERAL CONDITIONS - LICENCE
7.1
Every licence that is issued for the first time and every renewal thereof, is subject to
Section 2 of this By-law, as well as the following conditions of obtaining, continuing
to hold or renewing a licence, all of which shall be performed or observed at all
times while the licence is in force.
7.2
Every application for a Second Hand Dealer licence shall be accompanied by:
(a) a description of the Second Hand Goods in which the applicant proposes to
deal; and
(b) a description of the proposed Second Hand Shop which shall include:
(i)
copy of the deed and property parcel register identifying the current
registered owner;
(ii)
a copy of the lease or other instrument pursuant to which the applicant
claims to be entitled to occupy the proposed Second Hand Shop in
the event the applicant is not the registered owner;
(iii)
the municipal address (and unit number, if applicable);
(iv)
a sketch or survey of the floor plan depicting the limits of the Second
Hand Shop, any holding area and any proposed outdoor storage,
including fencing.
7.3
No Second Hand Dealer shall acquire or permit the Acquisition of Goods from any
person who is or appears to be:
(a) under the age of eighteen (18) years;
(b) under the influence of alcohol or drugs.
7.4
No Second Hand Dealer shall acquire or permit the acquisition of goods unless a
record respecting the Second Hand Good is prepared at the time of acquisition that
includes, but not limited to the following information:
(a) date and time of acquisition;
(b) the identity of the Second Hand Good;
(c) all consideration given including price paid;
(d) a unique number;
(e) description of the Second Hand Good that is reasonably sufficient to identify
it from other Second Hand Goods of the same type, including, as applicable,
each of the following:
(i)
the identity of its manufacturer
(ii)
year of manufacture
(iii)
make
(iv)
model
(v)
serial number(s)
(vi)
identifying marks
(vii)
titles
(viii)
media
(ix)
weight
(x)
colour
(xi)
karat
(xii)
engravings
(xiii)
gem type
7.5
No Second Hand Dealer shall permit a deal in respect of a Second Hand Good that
bares, or that customarily bares, a serial number unless:
(a) no part of the serial number has been removed or obscured;
(b) the entire serial number has been recorded for the purpose of Section
7.4(e)(v).
7.6
No Second Hand Dealer shall deal or permit a deal in respect of a Second Hand
Good unless:
(a) two copies of a receipt are issued at the time of acquisition, each of which
shall include:
(i)
the original signature of the person from whom the Second Hand
Good was acquired; and
(ii)
particulars prescribed by Sections 7.4(a), 7.4(c), 7.4 (d) and 7.4(e)(v)
(if applicable);
(b) the Second Hand Dealer forthwith provides one copy of the receipt to the
Seller; and
(c) the Second Hand Dealer retains the remaining copy of the receipt.
7.7
No Second Hand Dealer shall deal or permit a deal in respect of a Second Hand
Good unless a label is affixed to the Second Hand Good at the time of acquisition
and remains affixed until the time of Disposition that includes the following:
(a) particulars described in Sections 7.4(a) and 7.4(d), above; and
(b) any three of the particulars described in Section 7.4(e).
7.8
Each record contemplated by Sections 7.4, 7.5 and 7.6 shall be legible.
7.9
No Second Hand Dealer shall deal or permit a Deal in respect of a Second Hand
Good except upon posting and keeping posted within the Second Hand Shop no
fewer than two notices posted in a manner and in a form prescribed by the Clerk
respecting the collection of personal information under the Municipal Freedom of
Information and Protection of Privacy Act. R.S.O. 1990, CHAPTER M.56, as
amended.
7.10 A Second Hand Dealer shall maintain at the Second Hand Shop the original, a
photocopy and/or an electronic copy, as applicable, of each record contemplated by
Sections 7.4, 7.5 and 7.6, for a period of no less than one (1) year from the date on
which such record was created for the purposes of inspection pursuant to Section 2
of this By-law.
7.11 Except as provided in Section 7.14 of this By-law, no Second Hand Dealer shall
deal or permit any deal, display, hold, or repair any Second Hand Goods except
from and entirely within the Second Hand Shop.
7.12 No Second Hand Dealer shall permit any alteration, repair or Disposition of a
Second Hand Good unless:
(a) such Second Hand Good has been held within the Holding Area for a period
of no less than twenty-one (21) calendar days from the date of Acquisition;
and
(b) during the entire period contemplated by Section 7.12(a), the Second Hand
Good has not been displayed, offered or visible for purposes of Disposition.
7.13 No Second Hand Dealer shall cause, permit or allow the business of a Pawnbroker
to be carried on within the Second Hand Shop.
7.14 No Second Hand Dealer shall permit outdoor storage on the premises of a licensed
Second Hand Dealer, unless such outdoor storage complies with the Township of
Uxbridge Zoning By-law 81-19, as amended.
INSURANCE
7.15 Every Owner of a Second Hand Shop shall maintain valid liability insurance
coverage in an amount not less than two million dollars ($2,000,000) per
occurrence.
7.16 Such Second Hand Shop liability insurance coverage shall be in the name of the
Owner and shall name the Township of Uxbridge as an additional insured
thereunder.
7.17 A Certificate of Insurance satisfactory to the Clerk shall be provided as proof that
insurance is in place for the term of the licence.
7.18 The Owner of a Second Hand Shop shall indemnify and save harmless the
Township of Uxbridge for all losses, costs, damages, charges and expenses
whatsoever that may be incurred, sustained or paid by the Township resulting from
the negligent acts, omissions and/or breach of contract in the performance of the
Owner's obligations under this By-law.
EXEMPTIONS
7.19 A business is not a Second Hand Shop if it is a charitable, non-profit group, or
association or who sell to the general public, for the purpose of fund-raising for non-
profit initiatives or special events.
7.20 This By-law shall not apply to Second Hand Dealer - Salvage.
Section 8 - Pawnbrokers
GENERAL CONDITIONS
8.1
Every licence that is issued for the first time and every renewal thereof, is subject to
Section 2 of this By-law, as well as the following conditions of obtaining, continuing
to hold or renewing a licence, all of which shall be performed or observed at all
times while the licence is in force.
8.2
Every Applicant for a Pawnbroker's licence shall provide in full, at the time the
application is submitted, all of the information requested on the application form as
well as surety in the amount of two thousand dollars ($2,000) to the Township of
Uxbridge in a form suitable to the Treasurer.
8.3
No Pawnbroker shall be licensed as, or operate in conjunction with, a dealer in
Second Hand Goods.
INSURANCE
8.4
Every Pawnbroker shall maintain valid liability insurance coverage in an amount not
less than two million dollars ($2,000,000) per occurrence.
8.5
Such Pawnbroker liability insurance coverage shall be in the name of the Owner
and shall name the Township of Uxbridge as an additional insured thereunder.
8.6
A Certificate of Insurance satisfactory to the Clerk shall be provided as proof that
insurance is in place for the term of the licence.
8.7
The Pawnbroker shall indemnify and save harmless the Township of Uxbridge for
all losses, costs, damages, charges and expenses whatsoever that may be
incurred, sustained or paid by the Township resulting from the negligent acts,
omissions and/or breach of contract in the performance of the Owner's obligations
under this By-law.
Section 9 - Methadone Maintenance Treatment Establishment
RATIONALE FOR LICENSING:
9.1
To develop and enforce standards so the operation of a MMTE is appropriately
integrated into the business community and conducted in a manner that is
respectful of the clients, the surrounding businesses and the community; that
considers the health, safety and well-being of clients, staff and community and that
provides the community with confidence that public nuisances such as loitering,
harassment of the public and illegal activities will not disrupt the character of the
area within which the establishment is located.
GENERAL CONDITIONS - LICENCE
9.2
Every licence that is issued for the first time and every renewal thereof, is subject to
Section 2 of this By-law, as well as the following conditions of obtaining, continuing
to hold or renewing a licence, all of which shall be performed or observed at all
times while the licence is in force.
9.3
Every Owner of a Methadone Maintenance Treatment Establishment shall provide:
(a) that all Clients execute and abide by a behavior contract to be prepared by
the MMTE, an example of which shall be provided by the Clerk at the time of
application. Such contract shall include a requirement that to receive
services at the MMTE, the Client shall afford reasonable cause to believe
that such person, while at the MMTE and in the surrounding area, will not:
(i)
engage in any illegal activity;
(ii)
hang around or loiter other than to attend appointments at the MMTE;
(iii)
be disruptive or aggressive with local residents, retailers and
customers of local retailers.
(b) that waiting room facilities are adequate enough to accommodate all Clients
and their companions in attendance before the appointment while awaiting
test results and during treatments;
(c) that where a MMTE is located within 100 metres of a municipal parking lot,
security cameras shall be installed by the municipality to ensure the safety
and security of the public utilizing the public parking lot. The cost of the
purchase, installation and maintenance of such security shall be paid to the
municipality by the licensee;
(d) that an appropriately authorized representative of the MMTE attend meetings
to be scheduled quarterly by the Clerk with representatives of the Council for
the Township of Uxbridge, staff, representatives of the BIA and Chamber of
Commerce, if appropriate, to discuss issues of concern among the parties;
(e) that the MMTE shall only operate between the hours of 8:00 a.m. and 3:00
p.m;
(f) that the MMTE shall operate exclusively on an appointment basis and not as
a walk-in clinic; and
(g) that any additional policing requirements that directly result from the
operation of the MMTE, as itemized and reported by the Durham Region
Police Services to the Township of Uxbridge, to the extent that such costs
exceed the licensing fee established by this By-law, shall be paid for by the
Licensee.
Insurance
9.4
Every Owner of MMTE shall maintain valid liability insurance coverage in an
amount not less than two million dollars ($2,000,000) per occurrence.
9.5
Such MMTE liability insurance coverage shall be in the name of the Owner and
shall name the Township of Uxbridge as an additional insured thereunder.
9.6
A Certificate of Insurance satisfactory to the Clerk shall be provided as proof that
insurance is in place for the term of the licence.
9.7
The Owner of a MMTE shall indemnify and save harmless the Township of
Uxbridge for all losses, costs, damages, charges and expenses whatsoever that
may be incurred, sustained or paid by the Township resulting from the negligent
acts, omissions and/or breach of contract in the performance of the Owner's
obligations under this By-law.
NUMBER OF LICENCES AUTHORIZED
9.8
The number of licences authorized by this Section of this By-law for a MMTE within
the Township of Uxbridge is limited at any time to two (2).
Section 10 - Offence and Penalty Provisions
10.1 Every person, other than a corporation, who contravenes any provision of this By-
law is guilty of an offence and upon conviction is liable to the penalties prescribed in
the Municipal Act, 2001 S.O. 2001, c.25, as amended, for each offence.
10.2 Every corporation, who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to the penalties prescribed in the Municipal
Act, 2001 S.O. 2001, c.25, as amended, for each offence.
10.3 A director or officer of a corporation who knows that the corporation is violating or
has violated any provision of this by-law is guilty of an offence, an upon conviction
is liable for the penalties prescribed in the Municipal Act, 2001 S.O. 2001, c.25, as
amended, for each offence.
Section 11 - Severability
11.1 In the event any section or provision of this By-law is held invalid, the remainder of
the By-law shall continue in force.
11.2 By-law No. 1975-32 as amended and By-law No.1979-56 as amended of the
Corporation of the Township of Uxbridge are hereby repealed.
11.3 Section 7.1 - Section 7.15 inclusive of this By-law shall come into force and effect
on the date of the passing of the Salvage Yard By-law.
11.4 The remainder of this By-law shall come into full force and effect on the date of its
passing by Council.
READ a FIRST, SECOND and THIRD TIME and finally passed this 16th day of July ,
2012.
__________________________________
GERRI LYNN O'CONNOR
MAYOR
_________________________________
DEBBIE LEROUX
CLERK
SCHEDULE A
________________________________________________________________
In order to be a client at ___________________________________there are a few rules
you must agree to. In return, we agree to provide you dedicated high-quality professional
care consistent with best practices in the field. We will treat you with dignity and respect.
As a client of _____________________________, I shall afford:
a)
Reasonable cause to believe that while at the MMTE and in the surrounding area, I
will not:
i)
Engage in any illegal activity;
ii)
Hang around or loiter other than to attend appointments at the MMTE;
iii)
Be disruptive or aggressive with local residents, retailers and
customers of local retailers
Do you understand this information?
Yes
No
Do you have any questions or concerns?
Yes
No
Client Signature:_______________________
Staff Signature: _______________________
Date:
_______________________
APPENDIX 'A'
Prohibited Animal Education Event Licence
GENERAL CONDITIONS- LICENCE
A 1.1 Every licence that is issued for the first time and every renewal thereof, is subject
to Section 2 of this by-law, as well as the following conditions of obtaining,
continuing to hold or renewing a licence, all of which shall be performed or
observed at all times while the licence is in force.
A1.2 Every application for a Prohibited Animal Education Event Licence shall be
accompanied by:
(a) a description of the proposed Prohibited Animal Education Event which
shall include:
(i)
an exact description of the number of Prohibited Animals and
species of Prohibited Animals to be kept at the proposed Prohibited
Animal Education Event;
(ii)
a written description of the steps to be taken to ensure public safety
at the proposed Prohibited Animal Education Event;
(iii)
a written description of the steps to be taken to ensure the safety of
the Prohibited Animals;
(iv)
a written description outlining the process for disposal of Prohibited
Animal waste;
(v)
the Prohibited Animal Education Event date(s);
(vi)
the Prohibited Animal Education Event time(s);
(vii)
a sketch or survey of the Prohibited Animal Education Event floor
plan depicting the limits of the Prohibited Animal Education Event,
any holding area and any proposed outdoor storage, including
fencing;
(viii)
written permission from the owner of the property where the
Prohibited Animal Education Event is to be located.
A1.3 Every Person who operates a Prohibited Animal Education Event shall:
(a) exhibit and use only the number and species of Prohibited Animals
listed in the application;
(b) use containment devices or enclosures that are adequate to prevent
the Prohibited Animals from escaping or injuring the public;
(c) provide the Prohibited Animals with a species appropriate living
environment;
(d) ensure that all enclosures used to keep Prohibited Animals are kept
suitably illuminated and ventilated.
A1.4 Every Person who operates a Prohibited Animal Education Event shall accept full
responsibility for any Prohibited Animal that escapes from custody and agrees
to take the necessary action to contain such Prohibited Animal and to
ensure public safety.
A1.5 Pursuant to Section A1.4 of this by-law every applicant for a
Prohibited Animal Education Event shall be responsible for all costs
of recovering, capturing or containing an escaped Prohibited Animal.
INSURANCE
A1.6 Every person who operates a Prohibited Animal Education Event shall maintain
valid liability insurance coverage in an amount not less than two million dollars
($2,000,000) per occurrence.
A1.7 Such Prohibited Animal Education Event liability insurance coverage shall be in
the name of the person who operates the Prohibited Animal Education Event and
shall name the Township of Uxbridge as an additional insured thereunder.
A1.8 A Certificate of Insurance satisfactory to the Clerk shall be provided as proof that
insurance is in place for the term of the licence.
A1.9 Every person who operates a Prohibited Animal Education Event shall
indemnify and save harmless the Township of Uxbridge for all losses, costs,
damages, charges and expenses whatsoever that may be incurred, sustained
or paid by the Township resulting from the negligent acts, omissions and/or
breach of contract
in the performance of the person's obligations under this by-law.
APPENDIX 'B"
Salvage Yard Licence
GENERAL CONDITIONS- LICENCE
B 1.1 Every licence that is issued for the first time and every renewal thereof,
is subject to Section 2 of this By-law, as well as the following conditions
of obtaining, continuing to hold or renewing a licence, all of which shall
be performed or observed at all times while the licence is in force.
B1.2 Every person who owns or operates a Salvage Yard shall maintain a
fence that encloses any outdoor area of the Salvage Yard and every
fence shall be:
(a)
not greater than 3.3 m in height;
(b)
constructed of a solid uniform material, with a uniform colour,
providing a full visual barrier; and
(c)
kept in good repair at all times
B1.3 If an opening is required in any fence, pursuant to Section 81.2 of this
By-law, for ingress or egress, the opening shall be covered by a gate
that:
(a)
is the same height as the fence;
(b)
is kept in a good state of repair at all times;
(c)
does not open over a traveled portion of a public road
allowance or sidewalk; and
(d)
is kept clear of obstructions so that it may be opened fully at all
times.
B1.4 Every person who owns or operates a Salvage Yard shall ensure that:
(a)
the outdoor area of the Salvage Yard is kept in a clean, neat,
orderly and
sanitary condition;
(b)
all storage containers, and other materials used for the
Salvage Yard operation are kept within the enclosed area
as required pursuant to Section B1.2 of this by-law;
(c)
no Salvage shall be loaded, unloaded, sorted, processed,
dismantled, crushed, recycled, demolished, displayed,
stored or placed outside of enclosed area required pursuant
to Section 81.2 of this by-law
B1.5 Every person who owns or operates a Salvage Yard shall, at all
times, comply with all provisions of Ontario Regulation 213/07 made
under the Fire Protection and Prevention Act, 1997.
TRANSACTION RECORDS
B1.6 Every person who owns or operates a Salvage Yard shall maintain a
register and shall be in the form of:
(a) a paper booklet; or
(b) an electronic format.
B1.7 Every person who owns or operates a Salvage Yard who acquires a
vehicle, vehicle parts or salvage for the purpose of dismantling or
selling at the Salvage Yard, either personally or through an employee
or agent, from another person, shall immediately record in a register,
in a legible script:
(a)
the full name and address of the person from whom the
Salvage Yard received the vehicle, vehicle parts or salvage;
(b)
the date of acquisition;
(c)
the name of the licenced person, or the licenced person's
employee or agent who obtained the vehicle, vehicle parts or
salvage;
(d)
the consideration given for the vehicle, vehicle parts or salvage;
and
(e)
a complete description of the vehicle, vehicle parts or salvage,
including the Vehicle Identification Number, if applicable. Each
vehicle, vehicle part
or salvage shall be personally examined by the person who owns
the
Salvage Yard or his designate to verify the Vehicle
Identification Number matches the ownership receipt given.
B1.8 No person who owns or operates a Salvage Yard shall acquire any
vehicle or vehicle parts unless the person observes proof that the
person selling the vehicle or vehicle part is the lawful owner.
B1.9 No person who owns or operates a Salvage Yard shall acquire any
vehicle that has a Vehicle Identification Number obliterated or
mutilated without first having given notice to an Officer twenty four
(24) hours prior to the intended acquisition.
RETENTION PERIOD
B1.10 No person shall alter, dismantle, repair, dispose of or in any way part
with any vehicle seven (7) model years old or less, purchased or
taken in exchange, until after the expiration of seven (7) days from
the date of obtaining said vehicle, and during the said period the
vehicle so obtained shall be subject to an inspection at any time by
an Officer.
B1.11 Notwithstanding Section B1.10 of this By-law, a person may dispose
of any vehicle seven (7) model years old or less, purchased or taken
in exchange before the expiry of the seven (7) days from the date of
obtaining the said vehicle, provided that an Officer has authorized in
writing the release of the vehicle.
B1.12 Section B1.10 and B1.11 of this By-law shall not apply where the
person who owns or operates a Salvage Yard acquires a vehicle
from another person who owns or operates a Salvage Yard where
the retention period has expired.
INSURANCE
B1.13 Every person who owns or operates a Salvage Yard shall maintain
valid liability insurance coverage in an amount not less than two
million dollars ($2,000,000) per occurrence.
B1.14 Such Salvage Yard liability insurance coverage shall be in the name
of the Owner and shall name the Township of Uxbridge as an
additional insured thereunder.
B1.15 A Certificate of Insurance satisfactory to the Clerk shall be provided
as proof that insurance is in place for the term of the licence.
B1.16 Every person who owns or operates a Salvage Yard shall indemnify
and save harmless the Township of Uxbridge for all losses, costs,
damages, charges and expenses whatsoever that may be incurred,
sustained or paid by the Township resulting from the negligent acts,
omissions and/or breach of contract in the performance of the
Owner's obligations under this by-law.