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THE
CORPORATION
OF THE TOWN
OF WHITBY
Business Licensing
A by-law for licensing, regulating and governing certain
businesses carried on within the Town of Whitby.
This document has been reproduced for convenience only and
is a consolidation of "Business Licensing By-law # 5545-04",
adopted by the Council of the Town of Whitby on December
13, 2004.
Page 2 of 63
By-law # 5545-04
Business Licensing By-law
Individual copies of any of the above by-laws are available from
the Office of the Town Clerk of the Town of Whitby. For legal
purposes, copies of the original by-laws should be obtained.
CONTENTS
As amended by By-laws:
By-law Number:
Date Passed:
# 5557-05
January 17, 2005
# 5680-05
October 11, 2005
# 6081-08
July 10, 2008
# 6250-09
November 2, 2009
# 6380-10
June 28, 2010
# 6562-11
December 12, 2011
# 6675-12
December 10, 2012
# 7220-17
January 30, 2017
# 7398-18
April 16, 2018
# 7578-19
November 25, 2019
# 7897-22
May 16, 2022
# 8060-24
March 18, 2024
# 8257-26
February 2, 2026
Page 3 of 63
By-law # 5545-04
Business Licensing By-law
Definitions .................................................................................................................................................... 4
Licences ....................................................................................................................................................... 6
Applications ................................................................................................................................................. 6
Processing and Issuance .......................................................................................................................... 6
Refusal to Issue or Renew ........................................................................................................................ 7
Renewal of Licences .................................................................................................................................. 7
Transfer of Licences .................................................................................................................................. 8
Posting of Licence ...................................................................................................................................... 8
Investigations .............................................................................................................................................. 8
Revocation and Suspension ..................................................................................................................... 9
Penalties and Offences ........................................................................................................................... 10
Severability ................................................................................................................................................ 11
Short Title .................................................................................................................................................. 11
Repeal of Existing By-laws ..................................................................................................................... 11
Effective Date ............................................................................................................................................ 11
Schedule "A", Business Licensing Administrative Penalties ............................................................. 12
Schedule "1" Class of Business ............................................................................................................. 12
Schedule "2" Relating to Adult Entertainment Services Establishment ........................................... 17
Schedule "3" Relating to Adult Entertainment Body-rub Establishments ........................................ 20
Schedule "4" Relating to Auctioneers ................................................................................................... 27
Schedule "5" Relating to Exhibitions, Festivals, Menageries, Circuses, Midways, Carnivals or
Other Shows Usually Exhibited by Showmen ...................................................................................... 29
Schedule "6" Relating to Food Premises .............................................................................................. 32
Schedule "7" .............................................................................................................................................. 33
Repealed by By-law No. 7398-18 ...................................................................................................... 33
Schedule "8" Relating to Lodging Houses ............................................................................................ 34
Schedule "9", Relating to Pawnbrokers ................................................................................................ 44
Schedule "10" ........................................................................................................................................... 53
Repealed by By-law No. 7125-16 ...................................................................................................... 53
Schedule "11" Relating to Salvage Yards, Salvage Shops, Second-Hand Shops and Second
Hand Dealers ............................................................................................................................................ 54
Schedule "12" Boarding House Provisions .......................................................................................... 57
Page 4 of 63
By-law # 5545-04
Business Licensing By-law
Definitions
1. In this by-law,
a. "adult entertainment establishment" means any premises or part thereof in
which,
(a)
goods, entertainment or services that are designed to appeal to
erotic or sexual appetites or inclinations are provided; or,
(b)
body-rubs, including the kneading, manipulating, rubbing,
massaging, touching or stimulating by any means of a person's
body, are performed, offered or solicited in the premises or part of
the premises, but does not include premises or part of them where
body rubs performed, offered or solicited are for the purpose of
medical or therapeutic treatment and are performed or offered by
persons otherwise qualified, licensed or registered to do so under
the laws of the Province of Ontario;
b. "auctioneer" means a person who sells or puts up for sale goods, wares,
merchandise, or effects by public auction, but does not include a sheriff or
bailiff offering for sale goods or chattels seized under execution or distrait
for rent;
c. "Chief of Police" means the Chief of Police of the Regional Municipality of
Durham or his/her designate;
d. "Clerk" means the Clerk of the Corporation of the Town of Whitby or
his/her designate;
e. "Corporation" means the Corporation of the Town of Whitby;
f. "Council" means the Council of the Corporation of the Town of Whitby;
g. "Fire Chief" means the Fire Chief of the Corporation of the Town of Whitby
or his/her designate;
h. "food premises" includes any premises or part thereof where food
intended for human consumption is made for sale, offered for sale or sold
and includes a bakeshop, a butcher shop and a restaurant but does not
include a lodging house or a refreshment vehicle;
Page 5 of 63
By-law # 5545-04
Business Licensing By-law
i. (Repealed by By-law No. 7398-18);
j. "lodging house" means any house or other building or a portion of it that
does not exceed 3 storeys, and the area does not exceed 600m2 in which
five (5) to ten (10) residents are lodged for hire but does not include a
hotel, hospital, nursing home, home for the young or the aged or institution
if it is licensed, approved or supervised under any act other than the
Municipal Act, 2001, S.O. 2001, c. 25, as amended, or any successor
legislation in substitution thereof;
k. "Medical Officer of Health" means the Medical Officer of Health of the
Regional Municipality of Durham or his/her designate;
l. "municipal law enforcement officer" means a municipal law enforcement
officer appointed by the Council of the Corporation of the Town of Whitby;
m. "municipal licensing and standards committee" means the Municipal
Licensing and Standards Committee appointed by Council;
n. pawnbroker'' means a person who carries on the business of taking by
way of pawn or pledge any article for the repayment of money lent
thereon;
o. "person" means an individual, firm, corporation, association or partnership;
p. "police officer" means a Chief of Police or other police officer but does not
include a municipal law enforcement officer;
q. (Repealed by By-law No. 7125-16);
r. "salvage yard" includes an automobile wrecking yard or premises and a
salvage shop;
s. "second hand shop" means a store or other place where second hand
goods are purchased, sold or exchanged but does not include a pawn
shop;
t. (Repealed by By-law No. 7398-18);
u. "Town" means the Corporation of the Town of Whitby.
Page 6 of 63
By-law # 5545-04
Business Licensing By-law
Licences
2.
(1)
No person shall carry on within the Town any business listed in Schedule
"1" attached to and forming part of this by-law, unless he/she has obtained
from the Town a licence authorizing him/her to carry on the business.
(2)
Every person who holds a licence shall in carrying on the business for
which the licence is issued comply with this by-law and the provisions of
the schedules to this by-law that relate to the business and the schedules
shall form part of this by-law.
Applications
3.
(1)
Every person who requires a licence under the provisions of this by-law for
any business shall,
(a)
apply to the Clerk upon such form or forms as may be prescribed
from time to time by the Town;
(b)
provide any documents required under the applicable schedule to
this by-law; and,
(c)
pay the applicable licence fee set out in the Fees and Charges By-
law.
(2)
If for any reason a licence is not issued, the licence fee shall not be
refunded.
(3)
The licence fee shall not be reduced or pro rated for any reason.
(4)
Where a partnership or an association applies for a licence, the names
and addresses of each member of the partnership or association shall be
set out in the application.
Processing and Issuance
4.
(1)
The Clerk shall, upon receipt of an application for a business licence,
make or cause to be made all investigations considered necessary or
which are required by law or by the Town relative to the application and,
Page 7 of 63
By-law # 5545-04
Business Licensing By-law
without limiting the scope of this Section, the Clerk may ask for the written
approval of any or all of the following:
(a)
the Medical Officer of Health;
(b)
the Durham Regional Police Service;
(c)
the Town Fire and Emergency Services Department;
(d)
the Town Planning Department;
(e)
the Town Public Works Department; and,
(f)
the Town Treasury Department.
(2)
If the investigations made by the Clerk do not disclose any reason to
believe the applicant's carrying on of the business may result in a breach
of this or any other by-law or may be contrary to the public interest, the
Clerk shall issue the business licence.
Refusal to Issue or Renew
5.
(1)
If the investigations made by the Clerk do disclose any reason to believe
the applicant's carrying on of the business may result in a breach of this or
any other by-law or may be contrary to the public interest, the Clerk shall
refuse to issue the business licence.
(2)
If the applicant is not satisfied with the decision of the Clerk to refuse the
licence, the applicant may appeal the Clerk's decision to the Municipal
Licensing and Standards Committee by written notice delivered to the
Clerk and the decision of the Clerk shall be effective until the appeal is
disposed of by the Municipal Licensing and Standards Committee.
Renewal of Licences
6.
(1)
An application for renewal of a business licence made after the expiry date
of the licence shall be treated as an application for a new business
licence.
(2)
The term of a business licence shall be one year from the date of issue of
the licence unless it is sooner surrendered, suspended or revoked.
Page 8 of 63
By-law # 5545-04
Business Licensing By-law
Transfer of Licences
7.
(1)
All business licences issued under this by-law shall be personal to the
holder of the licence and shall not be transferred.
(2)
No person shall enjoy a vested right in the continuance of a business
licence and upon the issuance, renewal, surrender; suspension or
revocation thereof, the value of the licence shall be the property of the
Town.
(3)
No person owning or operating licensed premises under this by-law shall
move the business from one location to another within the Town without
first having obtained from the Town a new business licence in respect of
the new location.
(4)
No person owning or operating a vehicle licensed under this by-law shall
transfer the licence from one vehicle to another it being understood that a
new business licence shall be required in respect of the new vehicle.
Posting of Licence
8.
Every person obtaining a licence under this by-law,
(a)
where the licence applies to premises, shall keep the licence posted up in
a conspicuous place on the premises in respect to which the licence is
issued;
(b)
where the licence applies to the person, shall keep on his/her person the
licence; and,
(c)
where the licence applies to a vehicle, shall keep the licence in the vehicle
and where plates are issued, shall mount the plates on the vehicle in the
manner required by this by-law.
Investigations
9.
Page 9 of 63
By-law # 5545-04
Business Licensing By-law
(1)
The Chief of Police, Clerk, Fire Chief, Medical Officer of Health, a
municipal law enforcement officer or a police officer may at all reasonable
times,
(a)
inspect a building, place, premises or vehicle that is used for a
business for which a person is licensed or is required to be licensed
under this by-law; and,
(b)
inspect the books, records or other documents of the business.
(2)
No person shall hinder or obstruct an inspection authorized by this by-law
or cause such an inspection to be hindered or obstructed.
(3)
Every person who obtains a licence under this by-law shall produce the
licence when requested to do so.
Revocation and Suspension
10.
(1)
The Clerk may suspend, for cause, any licence issued under this by-law
until the next meeting of the Municipal Licensing and Standards
Committee.
(2)
The Municipal Licensing and Standards Committee may, for cause,
revoke or suspend or refuse to issue or renew any licence to which this
by-law applies but before doing so the applicant/licensee shall be
permitted either by himself/herself or his/her representative to appear
before the Municipal Licensing and Standards Committee to show cause
why he/she believes such licence should be granted.
(3)
The decision of the Municipal Licensing and Standards Committee
respecting any licence required under this by-law shall be final.
(4)
On suspension or revocation of a licence issued under this by-law, the
licensee shall return to the Town all licences and all plates where
applicable issued by the Town with reference to such licence, and no
person shall refuse to deliver the plates to the Clerk or a municipal law
enforcement officer or shall, in any way, prevent or hinder such persons
from receiving or taking the same.
Page 10 of 63
By-law # 5545-04
Business Licensing By-law
Penalties and Offences
11.
(1)
Any person who contravenes any provision of this by-law is guilty of an
offence and upon conviction thereof is liable to a fine or penalty for each
offence, exclusive of costs, as prescribed by the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended, or any successor legislation in
substitution thereof.
(2)
Administrative Penalty System
(a)
Every person who contravenes or fails to comply with a provision of
this By-law is guilty of an offence and is liable to the penalty as set
out in Schedule "A" to this By-law.
(b)
Tiered and Escalating Penalties: If a person receives a Penalty
Notice in accordance with the Town's Administrative Penalty By-law
for an offence, the person shall be liable to pay to the Town a tier
one (1) administrative penalty amount for that offence as specified
in Schedule "A" to this By-law. If a person receives an additional
Penalty Notice for the same offence within ninety (90) calendar
days or less from the date of the Penalty Notice containing a tier
one (1) administrative penalty amount, the person shall be liable to
pay to the Town a tier two (2) administrative penalty amount for that
offence as specified in Schedule "A" to this By-law. If the person
receives a subsequent Penalty Notice for the same offence within
ninety (90) calendar days or less of the Penalty Notice containing a
tier two (2) administrative penalty amount, the person shall be liable
to pay to the Town a tier three (3) administrative penalty amount for
that offence as specified in Schedule "A" to this By-law. If the
person receives any subsequent Penalty Notices for the same
offence within one hundred and eighty (180) calendar days or less
from the date of the Penalty Notice containing a tier three (3)
administrative penalty amount, the person shall be liable to pay to
the Town a tier three (3) administrative penalty amount for that
offence as specified in Schedule "A" to this By-law.
(3)
The making of a false or intentionally misleading recital of fact, statement
or representation in any agreement, statutory declaration or application
form required by the by-law shall be deemed to be a contravention of the
provisions of the by-law.
(4)
Every person shall comply with the provisions of this by-law applicable to
him/her whether or not he/she is licensed under this By-law.
Page 11 of 63
By-law # 5545-04
Business Licensing By-law
Severability
12. In the event any provisions of this by-law are deemed invalid or void, in whole or in
part, by any court of competent jurisdiction, the remaining terms and provisions shall
remain in full force and effect.
Short Title
13. This by-law may be referred to as the Business Licensing By-law.
Repeal of Existing By-laws
14. By-law Numbers 4817-01, 4873-01, 4874-01, and 5156-02 are repealed.
Effective Date
15. The provisions of this by-law shall come into force and take effect on the final
passing thereof.
By-law read a first, second and third time and finally passed this 13th day of December,
A.D., 2004.
Original Approved and Signed.
Marcel L. Brunelle, Mayor
Original Approved and Signed.
Donald G. McKay, Town Clerk
Page 12 of 63
By-law # 5545-04
Business Licensing By-law
Schedule "A", Business Licensing Administrative Penalties
To By-Law No. 5545-04
Administrative Penalties - Schedule "8" Lodging House Penalties
Description
Sched. 8
Section
Reference
Tier 1
(one)
Tier 2
(two)
Tier 3
(three)
1
Establish/operate/maintain/keep
a Lodging house or any part
thereof without a licence
2 $500.00 $750.00 $1,000.00
2 Occupy bedroom with more
than permitted residents
3. (1)(b)
$205.00 $350.00
$450.00
3 Allow cooking facilities in any
bedroom
3. (1)(f)
$205.00 $350.00
$450.00
4 Fail to provide required dining
room floor space
3. (2)
$205.00 $350.00
$450.00
5 Fail to provide suitable sitting
room
3. (3)
$205.00 $350.00
$450.00
6 Fail to provide suitable outdoor
sitting area
3. (4)
$205.00 $350.00
$450.00
7 Fail to provide first aid
equipment
3. (5)
$205.00 $350.00
$450.00
8 Fail to maintain adequate and
suitable heat
3. (7)
$500.00 $750.00 $1,000.00
9 Fail to provide functioning
telephone
3. (10)
$205.00 $350.00
$450.00
10 Fail to maintain required
records
4 (1), (2)
$205.00 $350.00
$450.00
11
Fail to post emergency
telephone numbers in
conspicuous place
4. (3)
$205.00 $350.00
$450.00
Page 13 of 63
By-law # 5545-04
Business Licensing By-law
12 Fail to provide required meals
6. (1)
$205.00 $350.00
$450.00
13 Fail to post menu in dinning
room
6. (2)
$205.00 $350.00
$450.00
14 Fail to have staff on duty with
First Aid Certificate
7 (a)
$205.00 $350.00
$450.00
15 Fail to have sufficient duty on
staff
7 (b)
$205.00 $350.00
$450.00
16 Fail to ensure/provide
acceptable refuse disposal
8. (a), (b),
(c), (d)
$205.00 $350.00
$450.00
17 Fail to maintain/provide service
contract
9. (a)
$205.00 $350.00
$450.00
18 Fail to maintain/provide
financial records
9. (b)
$205.00 $350.00
$450.00
19 Fail to maintain/provide medical
records
9. (c)
$205.00 $350.00
$450.00
20 Fail to control and
administration of medications
9. (d)
$500.00 $750.00 $1,000.00
21 Fail to provide activity programs 9. (h), (i),
(j), (k)
$205.00 $350.00
$450.00
22 Keep/harbour/receive more
than ten residents
10. (1)
$500.00 $750.00 $1,000.00
23 Fail to provide minimum
required space per resident
10. (2)
$500.00 $750.00 $1,000.00
24
Own/use/operate/maintain/be
keeper of/rent a boarding house
or any part thereof without a
licence
2.1 $500.00 $750.00 $1,000.00
25
Own/use/operate/maintain/be
keeper of/rent a boarding house
or any part thereof in
nonconformity with terms
provisions of licence
2.2 $205.00 $350.00
$450.00
Page 14 of 63
By-law # 5545-04
Business Licensing By-law
26
Own/use/operate/maintain/be
keeper of/rent or permit to be
used/operated/maintained,
rented a boarding house or any
part thereof in nonconformity
with the provisions of the by-
law.
2.4 $205.00 $350.00
$450.00
27 Fail to maintain adequate and
suitable heat
3.2 $500.00 $750.00 $1,000.00
28 Use/permit the use of appliance
which may create a fire hazard
3.3 $205.00 $350.00
$450.00
29
Occupy/permit the use of
prohibited area for sleeping
purposes
3.4 $205.00 $350.00
$450.00
30
Permit boarding unit to be
occupied by more than one
boarder
3.6 $500.00 $750.00 $1,000.00
31 Fail to provide minimum of 7m2
(75 sq ft) per person
3.7 $500.00 $750.00 $1,000.00
32 Fail to provide functioning
telephone
3.9 $205.00 $350.00
$450.00
33 Fail to provide list of local
emergency numbers
3.9 $205.00 $350.00
$450.00
34 Prepare/permit to be prepared
food in prohibited area
3.1 $205.00 $350.00
$450.00
35 Store garbage in unacceptable
receptacle
3.11 $205.00 $350.00
$450.00
36 Fail to post licence in prominent
location
3.13 $205.00 $350.00
$450.00
37 Fail to provide records forthwith
after request
3.14 $205.00 $350.00
$450.00
Page 15 of 63
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Business Licensing By-law
38 Permit more than one Boarding
House per property
3.18 $350.00 $500.00 $1,000.00
39
Fail to provide
refrigerator/stove/sink to
boarders
3.19 $350.00 $500.00 $1,000.00
Page 16 of 63
By-law # 5545-04
Business Licensing By-law
Schedule "1" Class of Business
To By-Law No. 5545-04
Adult Entertainment Services Establishment
Adult Entertainment Body-Rub Establishment
Attendant
Operator
Owner
Auctioneer
Exhibition
Food Premises
Lodging House
Pawnbroker
Salvage Yard/Salvage Shop/Second-Hand Shop Licence
Page 17 of 63
By-law # 5545-04
Business Licensing By-law
Schedule "2" Relating to Adult Entertainment Services Establishment
To By-Law No. 5545-04
Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on adult entertainment services establishments for the
purposes of health and safety, nuisance control, and consumer protection;
Now therefore, the Council of the Corporation of the Town of Whitby enacts as follows:
In this Schedule,
(a) "adult entertainment services establishment" means any premises or part
thereof in which entertainment or services that are designed to appeal to
erotic or sexual appetites or inclinations are provided but does not include
premises or part thereof in which is provided, in pursuance to a trade, calling,
business or occupation body-rubs or goods appealing to erotic or sexual
appetites or inclinations;
(b) "goods" includes books, magazines, pictures, slides, film, phonograph
records, pre-recorded magnetic tape and any other reading, viewing or
listening matter;
(c) "services" includes activities, facilities, performances, exhibitions, viewings
and encounters but does not include the exhibition of film approved under the
Theatres Act, R.S.O. 1990, c. T.6, as may be amended from time to time and
any successor legislation in substitution thereof;
(d) "services designed to appeal to erotic or sexual appetites or inclinations"
includes services of which a principal feature or characteristic is the nudity or
partial nudity of any person, and services in respect of which the word "nude",
"naked", "topless', "bottomless", "sexy" or any other word or any picture,
symbol or representation having like meaning or implication is used in any
advertisement; and,
(e) "to provide" when used in relation to services includes to furnish, perform,
solicit, or give such services and "providing" and "provision" have
corresponding meanings.
Page 18 of 63
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Business Licensing By-law
1. No person shall own or operate an adult entertainment services establishment
within the Town without having first obtained an adult entertainment services
establishment licence from the Corporation and having paid the licence fee in
accordance with the Fees and Charges By-law.
2. No more than one (1) adult entertainment services establishment licence shall be
granted by the Corporation it being understood that an application to renew such
a licence shall take precedence over an application for a new licence and shall
be processed accordingly.
3. No owner or operator of an adult entertainment services establishment shall use
or permit to be used any sign or any other advertising device save and except a
sign or other advertising device containing the words "adult entertainment
establishment", and the name under which the business is operated provided
such name does not include any of the following words: "nude", "naked",
"topless", "bottomless", "sexy" or any other word or any picture, symbol or
representation having like meaning or implication.
4. Every owner or operator of an adult entertainment services establishment shall
ensure the premises is constructed in such a manner as to prevent viewing of the
adult entertainment services from the exterior of the premises.
5. No owner or operator of an adult entertainment services establishment shall,
(a) permit any person under the age of 18 years to enter or remain in the
premises or any part thereof;
(b) permit any person under the age of 18 years to act or appear as an adult
entertainment performer or to provide services at an adult entertainment
services establishment; or,
(c) provide services at an adult entertainment services establishment to an
individual under the age of 18 years.
6. Every owner or operator of an adult entertainment services establishment shall
before employing or permitting any individual to act or appear as an adult
entertainment performer, require such individual to produce a certificate of proof
of age relating to such individual, and shall record the name of the individual, the
number and description of such certificate and any age or date of birth, shown on
Page 19 of 63
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Business Licensing By-law
such certificate, and maintain such record available for inspection by the Chief of
Police or any police officer or municipal law enforcement officer.
7. No owner or operator of an adult entertainment services establishment, shall,
knowingly permit any person providing adult entertainment services to touch or
be touched by, or have physical contact with, any other person in any manner
whatsoever involving any part of that person's body.
Page 20 of 63
By-law # 5545-04
Business Licensing By-law
Schedule "3" Relating to Adult Entertainment Body-rub Establishments
To By-Law No. 5545-04
Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on the owners, operators and attendants of adult
entertainment body-rub establishments for the purposes of health and safety, nuisance
control and consumer protection;
Now therefore, the Council of the Corporation of the Town of Whitby enacts as follows:
1. In this Schedule,
(a) "body-rub" includes the kneading, manipulating, rubbing, massaging,
touching, or stimulating by any means, of a person's body or part thereof, but
does not include medical or therapeutic treatment given by a person
otherwise qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(b) "owner" and "operator" mean respectively an owner or operator of an adult
entertainment body-rub establishment licensed as such or required to be
licensed as such under this by-law; and,
(c) "attendant" means a person that provides services in an adult entertainment
body-rub establishment and licensed or required to be licensed as such under
this by-law.
2. No person shall own or operate or be an attendant at an adult entertainment
bodyrub establishment without having first obtained a licence from the
Corporation to do so and paying the licence fee as set out in the Fees and
Charges By-law.
3. Every applicant for an adult entertainment body-rub establishment owner's
licence shall, at the time of making his/her application, file with the Clerk a list
showing the legal names of all operators and attendants providing services in the
premises and all such persons intended or expected to be employed or to
provide services in the premises and shall thereafter maintain a list showing at all
times, the legal names of all operators and attendants providing services in the
premises and such owner, shall, upon a request made to him/her by the Medical
Officer of Health ,the Chief of Police or any police officer or municipal law
Page 21 of 63
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Business Licensing By-law
enforcement officer, produce a list brought up to date as of the time of the
request.
4. Every application for an adult entertainment body-rub establishment owner's,
operator's or attendant's licence shall be submitted by the Clerk for a report to
the Medical Officer of Health and to the Durham Regional Police Service and
may also be referred to any other governmental official or functionary for a report.
5. Every applicant for a attendant's licence shall submit with his/her application a
medical certificate from a physician qualified to practice medicine in the Province
of Ontario, dated within thirty (30) days of the date of the application, indicating
that the applicant is free from communicable or transmissible diseases and shall
submit to such tests in relation to communicable or transmissible diseases as the
Medical Officer of Health may require.
6. No owner of an adult entertainment body-rub establishment shall permit any
person other than a licensed operator to operate such establishment.
7. No owner or operator shall permit an adult entertainment body-rub establishment
to be open for business unless the owner or the operator is in attendance at all
times at which the establishment is open for business.
8. Every contract for service or other document pertaining to the relationship
between an owner or operator and any attendant shall be in writing and shall be
made available to the Medical Officer of Health, the Chief of Police or any police
officer or municipal law enforcement officer upon request, for inspection at any
time during business hours and at all times when body-rubs are provided and
shall be retained for a period of six months after the termination or completion of
such contract.
9. Every owner or operator shall post in a prominent location in the premises a copy
of all attendant licences in relation to persons providing services at the adult
entertainment body-rub establishment.
10. No person under the age of eighteen years may be or act as an owner, operator
or attendant of an adult entertainment body-rub establishment or provide any
services in such an establishment.
11. No person may provide services in an adult entertainment body-rub
establishment to a person under the age of eighteen years.
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12. No owner or operator shall permit any person under the age of eighteen years to
enter or remain in an adult entertainment body-rub establishment.
13. Every owner or operator shall ensure that there is posted in a prominent location
at every entrance to the premises a sign indicating that no person under the age
of eighteen years may enter or remain in such premises.
14. No owner or operator shall permit any person who appears to be intoxicated by
alcohol or a drug to enter or remain in an adult entertainment body-rub
establishment.
15. No owner, operator or attendant shall perform or permit to be performed a body-
rub by or upon any person whom he/she has reasonable cause to suspect has
been exposed to or is suffering from any communicable or transmissible disease
including any communicable or transmissible skin disease.
16. Upon the sale, lease or other disposition of an adult entertainment body-rub
establishment, every owner's, operator's and attendant's licence issued in
respect of such premises shall terminate forthwith and the Town may refuse to
issue a new licence or licences if it determines that it is in the public's interest so
to do.
Defined Area
17. No person shall own or operate an adult entertainment body-rub establishment in
the Town and no attendant shall perform or provide a body-rub except in the area
designated as the "Subject Area" on Schedule 3-1 to this by-law and the use
shall comply in all respects with the provisions of the Town's Restricted Area
(Zoning) By laws as may be amended from time to time.
Limitation on Number of Body-rub Parlours
18. The maximum total number of owner's licences to be granted in respect of adult
entertainment body-rub establishments shall be limited to two (2) in the Town.
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Hours of Operation
19. No adult entertainment body-rub establishment shall be open to the public, no
owner or operator shall permit services to be provided and no attendant shall
provide services between the hours of 1:00 a.m. and 8:00 a.m., daily.
Design and Maintenance
20. No owner or operator shall permit the premises to be used as a dwelling or for
sleeping purposes.
21. No owner or operator shall permit the door of any room or cubicle where services
are or may be provided, to be equipped or constructed with a locking device of
any kind, or any other device or structure which could delay or hinder anyone
from entering or obtaining access to such room or cubicle.
22. No person may, in an adult entertainment body-rub establishment provide any
service in a room, cubical or other enclosure with a door or other means of
access which is equipped or constructed with a locking device of any kind or
which is equipped or constructed in such a way as to permit the obstruction,
hindrance or delay of any person attempting to gain entry thereto.
23. Every owner and every operator shall comply with and ensure compliance with
the following:
(a)
the premises shall be provided with adequate light and ventilation;
(b)
the premises and all fixtures and equipment therein shall be regularly
washed and be kept in a sanitary condition;
(c)
the premises shall be equipped with an effective utility sink;
(d)
adequate toilet and washroom accommodation shall be provided and
there shall be separate such rooms for males and females;
(e)
washrooms shall be equipped with,
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(i)
an adequate supply of hot and cold water;
(ii)
an adequate supply of liquid soap in a suitable container or
dispenser;
(iii)
hot air dryers or individual clean towels for the use of each person
using the washing facilities; and,
(iv)
a suitable receptacle for used towels and waste material;
(f)
in all shower - bathrooms, if any, and in all sauna - bathrooms, if any,
(i)
the floor shall be disinfected at least once a week with a disinfection
solution approved by the Medical Officer of Health;
(ii)
all surfaces and attached accessories of the bath or shower
enclosure shall be self-draining; and,
(iii)
all showers shall have removable, cleanable drain covers; and,
(g)
common foot baths shall not be provided on the premises.
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24. Every owner and every operator of an adult entertainment body-rub
establishment at which is provided services which involve or may involve the
undressing of or changing of clothes by the customer shall provide a service by
which any customer may deposit his/her valuables or other property for
safekeeping and any customer who presents his/her property for safekeeping
shall be given a receipt specifying the nature of the property so entrusted.
25. No owner or operator shall use or permit to be used any camera or other
photographic or other electronic recording device in the premises by any person,
but this section shall not prohibit,
(a)
the use of any camera or other device by a public authority for the
enforcement of the law; or,
(b)
the use of a camera in the entrance area of the premises for security
purposes only.
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Schedule "4" Relating to Auctioneers
To By-Law No. 5545-04
Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on auctioneers for the purpose of consumer protection;
Now therefore, the Council of the Corporation of the Town of Whitby enacts as follows:
1. No person shall carry on the business of an auctioneer within the Town without
having first obtained a licence from the Corporation to do so, which licence shall
be called an Auctioneer's Licence, and paying the licence fee required for an
Auctioneer's Licence as set out in the Fees and Charges By-law.
2. Every person who exercises the calling or business of an auctioneer shall at the
place of each auction, prominently display his/her name and business address.
3. Every auctioneer shall keep proper books of account of the business transacted
by him/her as an auctioneer, which books shall give the names and addresses of
the owners of the goods, wares, or merchandise to be sold, the description of the
same, the price for which the same is sold, and the names and addresses of the
persons purchasing such goods, wares or merchandise, or any portion thereof,
and shall forthwith, after the sale of same or any portion thereof, account for the
proceeds and pay the same to the person or persons entitled to such proceeds,
less his/her proper and legal commissions and charges and shall in the case no
sale is made of such goods, on payment of his/her proper costs and charges,
return such goods to the person or persons entitled to receive the same on
property demand being made therefor it being understood that nothing in this
Section shall in any way affect or invalidate the claim of any auctioneer for goods
warehoused with him/her, and on which he/she has made advances.
4. No auctioneer shall,
(a) permit any disorder in his/her auction room or offices;
(b) conduct or permit to be conducted any mock auction;
(c) make, or permit to be made, any misrepresentation as to the quality or value
of any goods, wares, merchandise or effects which may be offered for sale by
him/her;
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(d) give away articles or sell them for nominal amounts for the purpose of
stimulating bidding;
(e) do any act that is calculated to or which may reasonably have the effect of
confusing a purchaser as to the amount he/she pays for any article or articles;
or,
(f) avail himself/herself of the services of or act in concert with persons known in
the trade as "beaters", "boosters" or "schills" for the purpose of raising or
stimulating bids.
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Schedule "5" Relating to Exhibitions, Festivals, Menageries, Circuses, Midways,
Carnivals or Other Shows Usually Exhibited by Showmen
To By-Law No. 5545-04
Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on exhibitions for the purposes of health and safety,
nuisance control and consumer protection;
Now therefore, the Council of the Corporation of the Town of Whitby enacts as follows:
1. No person shall conduct any exhibition, festival, menagerie, circus, midway,
carnival or other show usually exhibited by show persons, without having first
obtained a licence from the Corporation to do so, which licence shall be called an
Exhibition Licence, and paying the licence fee as set out in the Fees and
Charges By-law.
2. No person licensed under the provisions of this Schedule shall give any show,
have any band or orchestra or a group of musicians give any performance or
permit or allow to be operated any mechanical musical instrument, loudspeakers
or other device between the hours of twelve o'clock midnight and ten o'clock in
the morning next following.
3. No licence is required in respect of,
(a)
an exhibition given by a church or charitable or patriotic association; or,
(b)
an exhibition of painting or sculpture or other like subject;
it being understood that a travelling show, carnival, festival, or exhibition
conducted for profit does require a licence notwithstanding that a part of the
proceeds are to be paid to a church or charitable or patriotic association.
4. Before an exhibition licence is issued by the Clerk, the applicant shall file with the
Clerk,
(a)
a copy of an insurance policy in a minimum amount of one million dollars,
inclusive limits, naming the Town as an insured for loss or damage
resulting from bodily injury to, or the death of one or more persons, and for
loss or damage to property arising out of the activity or event to which
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the exhibition licence relates;
(b)
security in a minimum amount of $500.00, or such greater amount as is
fixed by the relevant authority where the event or activity to which the
exhibition licence relates is held, sufficient to repair anticipated minor
damage and the cleaning of buildings and grounds after the conclusion of
such event or activity, so that such buildings and grounds may be restored
to their previous state without cost to the Town or the authority
responsible for the administration of such buildings or grounds and upon
the applicant's restoration of the buildings and grounds to their previous
state, the Town shall return the security to the applicant;
(c)
an amount of money as is determined by the Durham Regional Police
Service as sufficient to provide for the cost of adequate police protection
during the period of the event or activity to which the exhibition licence
relates;
(d)
the licence fee as herein before provided;
(e)
a certificate in writing from the Medical Officer of Health stating that all
health and sanitation requirements for the event or activity to which the
exhibition licence relates have been provided for by the applicant;
(f)
an affidavit setting out the name and address of the owner of each
amusement ride, if any, to be operated during the exhibition; and,
(g)
an affidavit setting out the name and address of the qualified operator of
each amusement ride to be operated during the exhibition, if any.
5. No person shall operate or continue to operate merry-go-rounds, Ferris wheels
and/or like contrivances without first having such contrivances inspected under
the Technical Standards and Safety Act, 2000, as may be amended from time to
time and any successor legislation in substitution thereof, and filing a copy of a
written report of such inspection, together with a certificate from the inspector,
with the application, certifying that he/she has corrected any deficiencies
resulting from such inspection.
6. The Clerk, municipal law enforcement officer, police officer, Fire Chief, Chief of
Police, Medical Officer of Health, or any other person duly authorized by Council,
may request a licensee under this Schedule to take any steps considered
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necessary to correct any condition or practice that exists in or upon the licensed
premises which in any way may be adverse to the public interest.
7. An exhibition licence shall expire on the date of termination of the event or
activity to which the licence relates unless it is sooner forfeited or revoked and in
any case shall not be for a longer period than one (1) year.
8. No person, other than a person registered by the applicant as a ride operator,
shall operate any amusement ride and a registered ride operator shall only
operate the amusement ride he/she has been registered to operate.
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Schedule "6" Relating to Food Premises
To By-Law No. 5545-04
Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on food premises for the purposes of health and safety;
Now therefore, the Council of the Corporation of the Town of Whitby enacts as follows:
1. No person shall own or operate a food premises within the Town without having
first obtained a licence from the Corporation to do so, which licence shall be
called a Food Premises Licence as set out in the Fees and Charges By-law.
2. All premises licensed under the provisions of this Schedule shall be kept and
maintained in a sanitary condition to the satisfaction of the Medical Officer of
Health and if a condition exists in any food premises that is or may be dangerous
to health or may hinder in any manner the prevention, mitigation or suppression
of disease, the Medical Officer of Health may order the licensee to remedy such
condition and failure to do so by the licensee shall be a breach of this by-law.
3. Every food premises and owner or operator thereof shall comply with the
regulations made under the Health Protection and Promotion Act, R.S.O. 1990,
c. H.7, as may be amended from time to time and any successor legislation in
substitution thereof.
4. Every person making application for a food premises licence or the renewal of a
food premises licence in respect of a food premises that will be open for business
at any time between the hours of one o'clock in the forenoon and six o'clock in
the forenoon shall file with the application a letter from the Durham Regional
Police Service indicating that the Police Service has conducted a business
security check of the food premises some time within the twelve month period
immediately preceding the submission of the application to the Corporation.
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Schedule "7"
To By-Law No. 5545-04
Repealed by By-law No. 7398-18
Schedule 7 of By-law #5545-04 is repealed upon expiry of all Licences issued in
accordance with Schedule 7, and until such time as it is repealed, shall only apply to
Licences that were issued in accordance with Schedule 7.
For further information, please contact Enforcement Services at 905-430-4345.
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Schedule "8" Relating to Lodging Houses
To By-Law No. 5545-04
Whereas the Council of the Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on lodging houses for the purposes of health and safety
and consumer protection;
Now therefore, the Council of the Corporation of the Town of Whitby enacts as follows:
1.
In this Schedule,
(a)
"home for special care" means a home for the care of persons
requiring nursing, residential or sheltered care.
(b)
"lodged for hire" means where logging is provided on a temporary
or permanent basis in return for renumeration or the provision of
services or both.
(c)
"personal care" means care, supervision and assistance to persons
based on physical or cognitive limitations who require assistance
evacuating.
Lodging House Licence
2.
No person shall establish, operate, maintain or keep a lodging house
within the corporate limits of the Town of Whitby except under the
authority of a licence issued under this by-law.
3.
Every keeper of a lodging house shall provide accommodation and
furnishing in and about the house in accordance with the following
standards:
(1)
Bedroom
(a)
Every bedroom shall comply with the Building Code Act,
1992, and regulations made thereunder as may be amended
from time to time and any successor legislation in
substitution thereof;
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(b)
Not more than four unrelated residents shall occupy any one
bedroom;
(c)
Every bedroom shall be furnished with a bed, chair, closet
and chest of drawers for each unrelated resident occupying
the bedroom;
(d)
No bed shall be closer than 75 centimetres (30 inches) to
any other bed and bunkbeds and cots shall not be permitted;
(e)
There shall be an adequate supply of clean linen and
blankets for each bed. Bedsheets shall be changed at least
once a week or with such greater frequency as may be
necessary. The keeper shall maintain a log which
demonstrates compliance with the aforementioned; and,
(f)
No cooking facilities shall be permitted in any bedroom.
(2)
Dining Room
Every lodging house in which meals are provided shall contain a
dining room which shall be separate from other rooms in the house
and shall contain at least .95 square metres (10.2 square feet) of
floor space for each resident to a maximum of 50% of the total
number of permitted residents. Every dining room shall be capable
of accommodating at one sitting at least 50% of the permitted
residents of the house.
(3)
Sitting Room
An indoor sitting room shall be provided in addition to bedroom
space and dining room space.
(4)
Outdoor Sitting Area
An outdoor sitting area shall be provided, and such area shall be
clean, accessible and partially shaded and contain seating
adequate to accommodate at least 50% of the residents at any one
time.
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(5)
First Aid Equipment
At least one first aid kit approved by the Medical Officer of Health
shall be provided in every lodging house.
(6)
Washing, Bathing and Toilet Facilities
Washing, bathing and toilet facilities shall comply with the Building
Code Act, 1992, and regulations made thereunder as may be
amended from time to time and any successor legislation in
substitution thereof.
Each washroom shall be supplied with an adequate supply of
common toiletries including toilet paper, hand soap, and paper or
cloth towels. A waste basket shall be provided in each washroom.
Each waste basket shall be emptied and cleaned as often as
necessary for it to be maintained in a clean and sanitary condition.
(7)
Heating
Every lodging house shall be provided with a heating system
capable of maintaining a room temperature of 21 degrees Celsius
at .9 metres (3 feet) above floor level and .9 metres (3 feet) from
the exterior walls in all habitable rooms, bathrooms and toilet rooms
when the temperature outside the lodging house is -21 degrees
Celsius. A minimum temperature of 21 degrees Celsius shall be
maintained in all habitable rooms, bathrooms and toilet rooms
between the 1st day of October and the 31st day of May in each
calendar year and a minimum temperature of 20 degrees Celsius
shall be maintained in all such rooms at all other times of the year.
(8)
Illumination
Every keeper of a lodging house shall provide and maintain
illumination in accordance with the provisions of the Building Code
Act, 1992, and regulations made thereunder as may be amended
from time to time and any successor legislation in substitution
thereof.
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(9)
Fire Safety
(a) Every keeper of a lodging house shall ensure that the lodging
house and equipment contained in the house comply with the
Fire Protection and Prevention Act, 1997 and regulations made
thereunder as may be amended from time to time and any
successor legislation in substitution thereof.
(b) Every keeper of a lodging house shall undergo an annual
inspection in conjunction with Processing and Issuance Section
4 (1) (c) of this By-law.
(10)
Telephone
Every keeper of a lodging house shall provide a telephone which is
accessible at all times to residents for emergency use.
Records
4.
(1)
Every keeper of a lodging house shall keep and maintain in the
house written records with respect to each resident showing,
(a)
the resident's full name;
(b)
the last place of residence of the resident; and,
(c)
the date the resident took up residence at the lodging house.
(2)
Where a resident stays in a lodging house for more than seven
days, the keeper of the lodging house shall also keep a record
showing,
(a)
the name, address and telephone number of next of kin or,
where there is no next of kin, the name, address and
telephone number of a close family or personal friend;
(b)
the resident's Ontario Health Insurance Plan Number; and,
(c)
the date the resident left the lodging house, if applicable, and
the new address of the former resident.
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(3)
Every keeper of a lodging house shall post in a conspicuous place
in the house a list of emergency telephone numbers.
Health and Hygiene
5.
Every keeper of a lodging house shall,
(a)
ensure that each room is tidy and is kept in a manner that would
not attract pests or vermin;
(b)
ensure that each room is maintained in a manner that does not
permit odours to travel beyond that room;
(c)
ensure sufficient facilities are available and functioning to permit
residents to maintain their personal hygiene;
(d)
ensure the cleaning and disinfection of all rooms, equipment, etc.,
are carried out in accordance with the provisions of the Health
Protection and Promotion Act and regulations made thereunder as
may be amended from time to time and any successor legislation in
substitution thereof; and
(e)
Maintain a log/cleaning records to demonstrates compliance with
subsection b) which are available forthwith to a Municipal Law
Enforcement Officer for inspection.
Nutrition
6.
(1)
Every keeper of a lodging house offering board shall provide each
resident of the house with at least three meals per day which
conform to the Canada Food Guide.
(2)
Every keeper of a lodging house in which meals are provided shall
post in the dining room a menu of meals for the seven days
following the date of posting. Every such menu shall bear the date
of posting and the mealtimes. Menus shall be kept for six months
following the date of posting.
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(3)
The provisions of Subsection 6(1) of this Schedule are of general
application and shall be modified by the lodging housekeeper in
individual cases when so instructed in writing by a physician.
Staff
7.
Every keeper of a lodging house shall,
(a)
have at least one person with a current first aid certificate on duty in
the lodging house at all times; and,
(b)
have sufficient staff on duty in the house at all times to provide
adequate care and nutrition for the residents and to ensure the
safety of the residents in emergencies and to maintain the house in
a clean and sanitary condition.
Refuse Disposal
8.
Every keeper of a lodging house shall ensure rubbish and garbage are
stored in receptacles which are,
(a)
insect and rodent proof;
(b)
watertight;
(c)
provided with a tight-fitting cover;
(d)
washed as frequently as necessary to maintain an odour free
condition; and
(e)
kept on a portion of the property that is screened from public.
Care
9.
Every keeper of a lodging house in which care is provided to the
residents shall,
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Service Contract
(a) enter into a written service contract with each resident, in a form
approved by the Medical Officer of Health, which contract shall contain
provisions respecting,
(i)
the services the keeper provides to the residents;
(ii)
the rates for accommodation and services; and,
(iii)
admission and discharge requirements.
Financial Records
(b) where the keeper provides financial services to a resident, keep a
financial record which shall include,
(i)
all sums received from or on behalf of the resident and the
dates on which the monies were received;
(ii)
all sums given to the resident by the keeper and the dates on
which the monies were given; and,
(iii)
itemized receipts and invoices for each expenditure made on
and such keeper shall provide the resident with a copy of his/her
financial record monthly.
Medical Records
(c) where the keeper provides medical services to a resident, keep a
medical record which shall include,
(i)
the examination and medical history, to be made and taken on
admission to the lodging house and at least annually thereafter,
by a duly qualified medical practitioner;
(ii)
the name, address and telephone number of the resident's
personal physician;
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(iii)
all accidents and illnesses happening to or suffered by a
resident while living in the lodging house together with the
treatment prescribed and administered; and,
(iv)
with respect to prescription drugs dispensed by the keeper, the
name and address of the prescribing doctor and the times and
dates when the drug was administered to the resident.
(d) exercise control of storage and administration of medications and
without limiting the generality of this Clause shall,
(i)
keep all prescription drugs in one or more locked drug cabinets;
(ii)
ensure that prescription drugs are made available only to those
residents for whom they have been prescribed, as directed by a
physician; and,
(iii)
ensure that all drug cabinets contain a detailed list of contents
which is kept up to date on a daily basis and is available for
inspection on request;
(e) provide access to local home care programs to residents requiring
minimal, short- term bed care;
(f) where a resident's condition deteriorates, or where a resident requires
continuing care, ensure, where appropriate, such resident is
transferred to a facility where his/her care needs can be
accommodated;
(g) ensure that all personnel working in the lodging house are tuberculin
tested and/or chest x-rayed at the commencement of employment and
thereafter at least once every two years.
Activity Programs
(h) make newspapers, magazines, books, a radio, a television set,
stimulating games and playing cards available to the residents;
(i) encourage in the residents an interest in crafts, community recreation
and activities;
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(j) arrange for residents to participate in appropriate community
recreation, activity, and training programs; and,
(k) refer residents to appropriate persons or agencies for such guidance,
information and counselling as may be required.
Lodging House Capacity
10.
(1)
No keeper of a lodging house shall harbour, receive or lodge more
than ten (10) residents in a lodging house.
(2)
Every keeper of a lodging house shall provide a minimum of 9.29
square metres (100 square feet) of habitable floor space in the
lodging house for each resident.
Exceptions
11.
(1)
The provisions of this by-law shall not apply to a lodging house in
which less than five (5) residents are harboured, received or
lodged.
(2)
Despite the provisions of Subsection 10(1) of this Schedule,
(a)
a maximum of seventeen (17) residents shall be
permitted at the lodging house located at 206 Byron
Street South; and,
(b)
a maximum of twenty (20) residents shall be permitted at
the lodging house located at 425 Dundas Street East,
provided the lodging house complies in all other respects with the
provisions of this by-law governing lodging houses and it continues,
without interruption, to be used as a lodging house.
(3)
For the property located at 417 Byron Street North, despite Section
10 (1) and 10 (2) of this Schedule,
(a)
The total number of residents permitted at the lodging
house shall not at any time exceed seventeen (17)
residents;
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(b)
One (1) staff person shall be on site twenty-four (24)
hours per day and seven (7) days per week;
(c)
The owner of the property shall provide to the Manager of
Enforcement Services, or designate, a letter indicating
the number of residents living on the site as part of its
annual business licence renewal and at any time
requested by an Officer, demonstrating compliance with
Section 7. (a) & (b) of Schedule 8 of Business Licensing
By-law # 5545-04 and these conditions;
(d)
The Owner shall maintain insurance related to the
lodging house with a minimum liability of five (5) million
dollars, and shall provide the Town with a Certificate of
Insurance naming the Town as additional insured, on the
Town's standard certificate and to the satisfaction of the
Commissioner of Financial Services/Treasurer, or
designate;
(e)
The keeper of the lodging house shall provide and
maintain emergency contact information for all
employees to the Manager of Enforcement Services, or
designate;
(f)
The owner shall comply with Inspection Order Number:
23-100782-FP and all associated conditions of the Fire
Protection and Prevention Act, 1997; and,
(g)
The owner shall provide the Town's Building Services
Division with updated drawings of the structure of 417
Byron Street North, shall apply for a building permit if
deemed necessary by the Chief Building Official, and
undertake to complete any work related to the building
permit within twelve (12) months of the date this
exemption is approved by Council.
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Schedule "9", Relating to Pawnbrokers
To By-Law No. 5545-04
Whereas, the Council of The Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on pawnbrokers for the purpose of consumer protection;
Now therefore, the Council of The Corporation of the Town of Whitby enacts as follows:
General
A. No person shall carry on the business of a pawnbroker without having first
obtained a licence from the Town to do so, which licence shall be called a
Pawnbroker's Licence, and paying the licence fee required for a Pawnbroker's
Licence as set out in the Fees and Charges By-law, as amended from time to
time.
B. Every pawnbroker licensed by the Town shall comply with the following
provisions contained in this Schedule "9".
Definitions
1 In addition to the definitions provided for in this by-law, the following words in this
Schedule "9" shall have the following meanings:
"pawner" means a person who delivers an article for pawn to a pawnbroker;
"pledge" means an article pawned with a pawnbroker; and
"shop" includes any place where the business of a pawnbroker is carried on.
Licences
2 (1) Further to Section A above, no person shall carry on the business of a
pawnbroker without a licence issued by the Town in which the person carries on or
proposes to carry on business or without renewing the licence annually, but no licence
shall be issued or renewed unless under the authority of a by-law of the Town.
Application for renewal
3 (1) No application for a licence or renewal of a licence to carry on the business of a
pawnbroker shall be refused until after the applicant has been afforded a hearing by the
licence issuing authority.
Continuation of licence pending renewal
(2) Where, within the time prescribed therefor or, if no time is prescribed, prior to the
expiry of the licence, the holder of a licence to carry on the business of a pawnbroker
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has applied for renewal and paid the prescribed fee, the licence shall be deemed to
continue,
A. until the renewal is granted; or
B. until the application has been finally determined by the licence issuing
authority or, where there is an appeal from the decision of the licence issuing
authority, until the last day for launching an appeal or such later date as may
be fixed by the body to whom the appeal may be taken.
Licence to cover only one shop
4 No person shall, by virtue of one licence, carry on business as a pawnbroker in more
than one shop.
Licence to partners
5 Where two or more persons carry on business as pawnbrokers in partnership in the
same shop, only one licence is necessary.
Security
6 Every pawnbroker shall give to the Town security to the satisfaction of the Town's
Treasurer in the sum of $2,000 for the due observance by the pawnbroker of this
Schedule.
Business sign and notice of rights, rates and charges
7 A pawnbroker shall,
A. keep exhibited in large, legible characters on a sign over the front door of his,
her or its shop, the pawnbroker's name and the word "Pawnbroker" or the
words "Prêteur sur gages"; and
B. keep displayed conspicuously in the shop a notice in large, legible characters
so as to be visible to persons pawning articles or redeeming pledges,
showing,
i.
rights of redemption of pledges,
ii.
rates of interest authorized by law to be taken by pawnbrokers for
sums lent, and
iii.
maximum charges authorized by this by-law.
Restrictions upon pawnbrokers
8 A pawnbroker shall not,
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A. purchase any article or receive or take any article in pawn from any person
who appears to the pawnbroker to be under the age of eighteen years or to
be under the influence of alcohol or drugs;
B. purchase or take in pawn a pawnticket issued by himself or herself or any
other pawnbroker;
C. carry on business as a pawnbroker on Sunday, Good Friday, Christmas Day
or any day appointed by proclamation of the Governor General or the
Lieutenant Governor as a public holiday, or on any other day before 8 o'clock
in the morning or after 8 o'clock in the evening;
D. purchase, sell or otherwise deal with any pledge while in pawn to the
pawnbroker, except in accordance with this Schedule;
E. suffer any pledge while in pawn to the pawnbroker to be redeemed with a
view to the pawnbroker's purchasing it;
F. make any contract or agreement with any person pawning or offering to pawn
any article, or with the owner thereof, for the purchase, sale or disposition
thereof, within the time of redemption;
G. take in pawn any cross, medal, insignia or other decoration granted by or with
the approval of Her Majesty the Queen or the Crown; or
H. melt any gold, silver, platinum or other precious metal that was pawned with
the pawnbroker, that was not redeemed, and that has become the
pawnbroker's absolute property under this Schedule, unless authorized so to
do by the Council of the Town.
Pawnbroker's book
9 (1) Every pawnbroker who takes an article in pawn shall, before any money is lent
thereon, enter in a book to be kept for that purpose,
A. the day, month and year in which the pledge was taken;
B. the full name, address and a description of the person delivering the article for
pawn reasonably sufficient to identify such person, including sex, and
estimated age, height, complexion and full particulars of identification if
produced and, where the person who delivers the article for pawn states that
he or she is the agent of its owner for the purpose of pawning it, the name
and address of the owner;
C. a description of the pledge reasonably sufficient to identify it; and
D. the sum lent on the pledge.
Where no identification
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(2) Where a person tendering an article for pawn refuses or is unable to produce any
identification, the pawnbroker shall enter in the book a note thereof, which shall be
deemed to constitute compliance with the identification requirements of clause (1) (b).
Entries to be numbered consecutively
(3) The entries shall be numbered in the book consecutively in the order in which the
articles are pawned.
Pawnticket
10 At the time of taking an article in pawn, the pawnbroker shall give the pawner a
pawnticket containing,
E. the pawnbroker's name and business address;
F. the name of the pawner;
G. the day, month and year in which the pledge was taken in pawn;
H. the number of the entry of the pledge in the pawnbroker's book;
I. a description of the pledge;
J. the sum lent on the pledge;
K. the rate of interest charged for the sum lent;
L. the charge for the pawnticket; and
M. the charge for storage, if any.
Where article suspected to have been stolen
11 Where a pawnbroker has reasonable cause to suspect that an article offered to the
pawnbroker has been stolen or otherwise unlawfully obtained, the pawnbroker shall
forthwith report the matter to a member of the police force of the Town in which the
pawnbroker carries on business.
Alphabetical list of pawners
12 Every pawnbroker shall keep up to date during each year a list, arranged
alphabetically, of the names of the persons who have pawned articles with the
pawnbroker, and each such list shall be kept for not less than one year after the end of
the year during which it was compiled.
Daily report to police
13 (1) Every pawnbroker shall before noon of every business day make a report either
for the chief of police or for such other person as is designated by by-law of the Council
of the Town.
Contents
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(2) Such reports shall contain, in respect of every transaction made on the next
preceding business day, all the information required under section 9 to be entered in the
pawnbroker's book.
Form
(3) Such reports may be on forms to be furnished by the Town or may be copies of the
pawnbroker's book reproduced by any means whatsoever so long as the copy is legible.
Identification of pledge
14 Each pledge shall be identified by a number that corresponds with the number of the
pawnticket and the entry of the transaction in the pawnbroker's book, and, when the
pledge is redeemed, the pawnbroker shall record the amount of interest taken and of all
other charges and shall keep the record for not less than one year after redemption.
Inspection by police
15 Every police officer shall at all times be given access to and may inspect a
pawnbroker's books, papers and pledges, and when so engaged may have with him or
her such other persons as he or she considers advisable.
Production of ticket
16 Except as hereinafter provided, a pawnbroker is not bound to deliver a pledge until
the pawnticket for it is produced and delivered to the pawnbroker.
Rights of holder of ticket
17 The holder for the time being of a pawnticket shall, as between the pawner and the
pawnbroker, be presumed to be the person entitled to redeem the pledge, and, subject
to this Schedule, the pawnbroker shall accordingly, on payment of the sum lent, lawful
interest and charges, deliver the pledge to the person producing the pawnticket.
Pawnticket may be non-transferable
18 Despite section 17, where a pawnbroker and a pawner agree that the pawnticket
shall not be transferable and such condition is clearly shown upon the pawnticket, the
pawner only may redeem the pledge.
Liability of pawnbroker in case of fire
19 (1) Where a pledge is destroyed or damaged by or in consequence of fire, lightning
or tempest or any additional peril defined in a standard fire insurance additional perils
supplemental contract, the pawnbroker nevertheless is liable, on application within the
period during which the pledge would have been redeemable, to pay the value of the
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pledge after deducting the sum lent, lawful interest and charges, such value to be the
sum lent, lawful interest and charges and 25 per cent on the sum lent.
Insurable interest
(2) A pawnbroker has an insurable interest in the pledge to the extent of the value so
estimated.
Right of redemption where sum lent $15 or less
20 Where the sum lent upon a pledge is $15 or less, it may be redeemed at any time
within one year after the day on which it was pawned by tendering to the pawnbroker
the pawnticket, the sum borrowed and the lawful interest and charges, and, if it is not so
redeemed, it becomes the pawnbroker's absolute property.
Where sum lent is more than $15 and not more than $30
21 (1) Where the sum lent upon a pledge is more than $15 but not more than $30, the
pawnbroker may at any time after it has been in pawn for at least one year send to the
pawner by first-class prepaid mail to the address shown in the pawnbroker's book to be
the address of the pawner a notice identifying the transaction and stating that, unless
the pledge is redeemed within the fifteen days next after the day of mailing the notice, it
becomes the pawnbroker's absolute property.
Idem
(2) Any such pledge may be redeemed at any time within the fifteen days next after the
day of mailing the notice by tendering to the pawnbroker the pawnticket, the sum
borrowed and the lawful interest and charges, and, if it is not so redeemed, it becomes
the pawnbroker's absolute property.
Where sum lent is more than $30: notice by mail and newspaper
22 (1) Where the sum lent upon a pledge is more than $30, the pawnbroker may at
any time after it has been in pawn for at least one year send to the pawner by first-class
prepaid mail to the address shown by the pawnbroker's book to be the address of the
pawner a notice identifying the transaction and stating that, unless the pledge is
redeemed within the fifteen days next after the day of mailing the notice, a final notice
will be published in a newspaper having general circulation in the Town in which the
pawnbroker carries on business identifying the transaction and stating that, unless the
pledge is redeemed within the fifteen days next after the day of publication of the notice,
it becomes the pawnbroker's absolute property.
Idem
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(2) If the pledge is not redeemed within the fifteen days next after the mailing of the first
notice mentioned in subsection (1), the pawnbroker may at any time thereafter give the
final notice mentioned in that subsection.
Idem
(3) Any such pledge may be redeemed at any time within the fifteen days next after the
mailing of the first notice mentioned in subsection (1) or within the fifteen days next after
the day of publication of the final notice mentioned in that subsection, as the case may
be, by tendering to the pawnbroker the pawnticket, the sum borrowed and the lawful
interest and charges, and, if it is not so redeemed, it becomes the pawnbroker's
absolute property.
Calculation of 1-year period
23 (1) The one-year period mentioned in sections 20, 21 and 22 commences on the
day following the day on which the pledge was put in pawn and ends with the close of
business on the 365th day thereafter.
Calculation of 15-day period
(2) The fifteen-day period mentioned in sections 21 and 22 commences on the day
following the day on which the notice was mailed or the final notice was published, as
the case may be, and ends with the close of business on the fifteenth day thereafter.
Exception
(3) When a period mentioned in subsection (1) or (2) ends on a day on which business
is not carried on, the next business day is included in the period.
Affidavit as to notices
24 As soon as a notice mentioned in section 21 or 22 has been sent or published, the
pawnbroker shall make or cause to be made an affidavit as to the sending or
publication, as the case may be, of the notice, and such affidavit shall be kept by the
pawnbroker for at least two years.
Where pledge not given back upon tender of money owing
25 (1) If, during the period that a pledge is redeemable, the pawner tenders to the
pawnbroker the pawnticket, the sum lent and the lawful interest and charges and the
pawnbroker neglects or refuses without reasonable cause to deliver back the goods so
pawned, the pawner may make oath thereof before a justice of the peace, who shall
summon such person before him, and shall examine on oath the parties and their
witnesses touching the matter.
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Tender and consequences of refusal
(2) If tender of the pawnticket with the sum lent and the lawful interest and charges is
proved to have been made within such time, then, on payment by the pawner of the
total amount owed or, if the pawnbroker refuses to accept such amount on tender
before the justice, the justice shall, by order, direct the pledge to be forthwith delivered
to the pawner or, if it is not so delivered, shall direct the pawnbroker to make
satisfaction for the value thereof to be fixed by the justice in accordance with section 19,
and, if the pawnbroker neglects or refuses to deliver up the pledge or to make
satisfaction for the value so fixed, the justice shall commit him or her to imprisonment
for a period of not more than three months or until he or she delivers up the pledge or
makes satisfaction for the value so fixed.
Compensation for depreciation of pledge
26 If a person entitled and offering to redeem a pledge shows to the satisfaction of a
justice of the peace that the pledge has become or has been rendered of less value
than it was at the time of the pawning thereof by or through the default, neglect or wilful
misbehaviour of the pawnbroker, the justice may award a reasonable satisfaction to the
owner of the pledge in respect of the damage, and the amount awarded shall be
deducted from the amount payable to the pawnbroker or shall be paid by the
pawnbroker, as the case requires, in such manner as the justice may direct, and in case
of default the pawnbroker is liable to the punishment mentioned in section 25.
Lost pawntickets
27 (1) Any person claiming to be entitled to redeem a pledge but not holding the
pawnticket may apply to the pawnbroker for a copy of the pawnticket and a printed form
of affidavit, which the pawnbroker shall deliver to the person upon payment of the
charge therefor.
Idem
(2) If the claimant proves to the satisfaction of a justice of the peace the right to redeem
the pledge and on or before the third day after the day on which the form of affidavit is
delivered to the person by the pawnbroker, exclusive of days on which the pawnbroker
is prohibited from carrying on business, delivers back to the pawnbroker the affidavit
duly sworn and endorsed with a certificate of the justice that such proof has been made,
the claimant has, as between the claimant and the pawnbroker, all the rights and
remedies that the claimant would have had if the claimant had produced the pawnticket.
Idem
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(3) The pawnbroker is not bound to deliver the pledge to any person until the expiration
of such three days.
Idem
(4) The pawnbroker shall be indemnified for delivering the pledge, or otherwise acting
in conformity with the affidavit and certificate, unless the pawnbroker has notice that the
affidavit is fraudulent or false in a material particular.
Maximum charges
28 In addition to the profit on the sum lent, being interest thereon at not more than the
lawful rate, a pawnbroker is entitled to make the following charges:
1. For a pawnticket, not more than 20 cents.
2. For storage of a pledge, not more than 10 cents per month per cubic foot or
part thereof of storage space taken up by the pledge.
3. For a copy of a pawnticket and printed form of affidavit, not more than 20
cents.
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Schedule "10"
To By-Law No. 5545-04
Repealed by By-law No. 7125-16
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Schedule "11" Relating to Salvage Yards, Salvage Shops, Second-Hand Shops
and SecondHand Dealers
To By-Law No. 5545-04
Whereas, the Council of the Corporation of the Town of Whitby considers it desirable to
licence and impose conditions on salvage yards, salvage shops, second hand shops
and second hand dealers for the purposes of health and safety, nuisance control and
consumer protection;
Now therefore, the Council of the Corporation of the Town of Whitby enacts as follows:
1. No person shall carry on the trades, businesses, occupations or callings
mentioned in Section 2 of this Schedule without having first obtained a licence
from the Corporation to do so, and paying the licence fee required for the class or
type of business as set out in the Fees and Charges By-law.
2. A licence shall be taken out by,
(a) the owner or keeper of every salvage shop or salvage-yard;
(b) the owner or keeper of every second hand shop; and,
(f) every second-hand dealer.
3. Notwithstanding any other provision in this Schedule, no licence shall be required
by persons engaged,
(a) in any of the objects mentioned in Section 2 of this Schedule for
patriotic or charitable purposes; or,
(b) in the purchase, sale or exchange or articles commonly known and
recognized as valuable antiques and works of art, either in their original
condition or as renovated, remodelled, repaired or re-manufactured.
4. Any licence issued in accordance with this Schedule may be issued to authorize
the licensee to deal in one class only of second hand goods or in more than one
class as may be specified in the licence and such licensee shall not be entitled to
deal in any class of second hand goods not covered by the licence.
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5. No person licensed under this by-law shall purchase, take in exchange, or
receive any goods, article or thing from any person who appears to be under the
age of 18 years, or from any person under the influence of liquor, or transact any
business whatsoever by virtue of the said licence between the hours of eleven
o'clock in the evening and seven o'clock on the morning of the following business
day, except on Saturday and any day preceding a statutory or other public
holiday, when the hour for closing may be extended until twelve o'clock midnight.
6. Notwithstanding any other provision of this by-law no person shall, between the
hours of sunset on any day and the hour of sunrise on the next following day,
pass from house to house or along any private street or land or public highway in
the Town for the purpose of collecting, purchasing or obtaining second hand
goods.
7. No person licensed under this by-law shall alter, repair, dispose of, or in any way
part with any goods or articles purchased or taken in exchange until after the
expiration of fifteen (15) clear days, from the date of purchase, or such
exchange, and during these fifteen (15) days the goods or articles so obtained
shall remain on the premises in respect to which the licence is issued and be
kept in a separate location from goods previously purchased and shall be subject
to inspections at any time during business hours by the Chief of Police or any
police officer or municipal law enforcement officer, who may be accompanied by
such other person as in his judgement may be necessary for the identification of
goods reported or suspected of having been stolen.
8. Every licensee who takes an article shall enter into a book to be kept for that
purpose,
(a) the day, month and year in which the article was taken;
(b) a description of the article reasonably sufficient to identify it;
(c) the sum paid for the article;
(d) the full name, address and a description of the person from who the article
was taken sufficient to identify such person, including sex, estimated age,
height, complexion and full particulars of a minimum of three pieces of
personal identification, one of which shall be a photo identification;
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and such book shall be open to the inspection of the Chief of Police, a police
officer or a municipal law enforcement officer at any time.
9. No salvage yard shall be operated or maintained within the corporate limits of the
Town except in accordance with the following regulations:
(a) all salvage yards shall be completely enclosed by a solid fence of 3.6 metres
(12 feet) in height. Such fence shall be constructed of new lumber or such
other materials as may be approved by the Chief Building Official of the Town
of Whitby. Such fence shall be stained or painted and shall at all times be
properly maintained and not allowed to fall into a state of disrepair;
(b) no salvage yard shall be located closer than 38.1 metres (125 feet) from the
centre line of any public highway, other than a provincial highway, and 137
metres (450 feet) from the centre line of any provincial highway;
(c) no wrecked automobiles or other salvage material shall be located in a
salvage yard unless the same is stored or piled in such a fashion that no part
of such material shall exceed a height of 3.0metres (11.8 feet) from the
ground; and,
(d) where the owner or keeper of a salvage yard provides and maintains a
continuous, unpierced planting strip consisting of,
(i)
a minimum of three (3) planting rows of trees;
(ii)
a minimum perpendicular width of fifteen (15) trees; and,
(iii)
a minimum height of 3.6 metres;
within the outer perimeter of the salvage yard, then for such portion of the
continuous, unpierced planting strip, such owner or keeper may, in lieu of the
fence required in Clause (a) of this Section, provide and maintain an open or
solid fence having a minimum height of 1.2 metres, consisting of such design,
material and construction as may be approved by the Chief Building Official of
the Town of Whitby.
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Schedule "12" Boarding House Provisions
To By-Law No. 5545-04
Effective September 8, 2026
1. Definitions
1.1
In this By-law,
(a)
"Adequate and suitable heat" means a minimum air temperature, in
the part of the accommodation, which is normally heated, at least
20 degrees Celsius. Portable heaters may not be utilized to achieve
adequate and suitable heat;
(b)
"Building" means a structure occupying an area greater than 10
square metres, except a shed accessory to a dwelling occupying
an area equal to or greater than 15 square metres, consisting of
any combination of walls, roof and floor, or a structural system
serving the function thereof, including all associated works, fixtures
and service systems used for shelter, accommodation or enclosure
of persons, animals, goods or equipment.
(c)
"Boarder" means an individual, other than an owner, who resides in a
boarding house.
(d)
"Boarding House" means a dwelling or part of a dwelling, containing
between four (4) to ten (10) boarding units, licensed by the Town
where the owner or lessee supplies for compensation, with or without
meals, lodging to a boarder or boarders as the principal use, and may
include one dwelling unit for the owner or caretaker but shall not
include a hotel, a motel, a bed and breakfast establishment, an
additional dwelling unit or any other residential use.
(e)
"Boarding Unit" means a room within a Boarding House
that contains sleeping accommodation and may contain
washroom facilities.
(f)
"Certified Technician" means a person who has met all the
requirements set out in Division C, Article 1.2.2.2. of the Fire Code,
O.Reg 213/07, for the purpose of performing tests, alterations, repairs
of a smoke alarm.
(g)
"Dwelling" means a building containing one or more dwelling units.
(h)
"Dwelling Unit" means one or more rooms, designed, or intended for
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use by a person or persons, in which cooking and sanitary facilities
are provided.
(i)
"Gross Floor Area (GFA)" means the aggregate of the floor area
measured between the exterior faces of the exterior walls of the
building or structure at the level of each floor, excluding any porches,
verandas, sunrooms (unless habitable in all seasons of the year),
unfinished basement, garage, or mechanical penthouse.
(j)
"Kitchen" means a room appropriate for cooking and food preparation
for human consumption.
(k)
"Licence" means an authorization under this By-law to carry on the
trade, calling, business or occupation specified herein, and licensee
means the person to whom a licence has been issued.
(l)
"Licensing Officer" means a Municipal Law Enforcement Officer.
(m)
"Owner" includes the registered owner, owner in trust, a
mortgagee in possession, the person for the time being who is
managing or receiving the rent of the land or premises in
connection with which the land is used whether on his account, or
as agent or trustee of any other person, or who would receive the
rent if the land and premises were let, and shall also include a
lessee or occupant of the property who, under the terms of a
lease, is required to repair and maintain the property in
accordance with the standards for the maintenance and
occupancy of the property, and includes a person, firm,
partnership, corporation, company, association, or organization of
any kind and its principal(s);
(n)
"Person" means a natural individual, and their heirs, executors,
administrators or other legal representatives, a corporation,
partnership or other form of business association or a receiver or
mortgagee in possession.
(o)
"Property" means the lot on which a boarding house sits.
(p)
"Reasonable Time" means between the hours of 8 a.m. and 8 p.m.
on the same day.
(q)
"Recreation Room" means a room contained in a boarding house and
maintained for the purpose of passive enjoyment of the boarders, and
includes, but is not limited to a games room, TV room, living room.
(r)
"Washroom" means that part of a building containing at least one toilet,
at least one washbasin and at least one bathtub or shower.
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2. General
2.1
No person shall own, use, operate, maintain, be keeper of, rent, offer for rent
or permit to be used, operated, maintained, rented or offered for rent a
boarding house, or any part thereof, as a business without first obtaining a
licence therefore under the provisions of this By-law, and paying the licence
fee in accordance with the Fees and Charges By-law.
2.2
Where a licence has been issued under this By-law for the use, operation or
maintenance of a boarding house, no person or owner shall use, operate,
maintain, be keeper of, rent, offer for rent or permit to be used, operated,
maintained, kept, rented or offered for rent that boarding house, or any part
thereof, except in conformity with the terms and provisions of the licence and
this By-law, including any conditions imposed on the licence.
2.3
No person or owner shall own, use, operate, maintain, be keeper of, rent, offer
for rent or permit to be used, operated, maintained, rented or offered for rent a
boarding house, or any part thereof, except in compliance with the Town's
Zoning By-law, as amended, the Town's Traffic By-law as amended, the Fire
Protection and Prevention Act 1997 S.O. 1997, as amended and regulations
thereto, the Building Code Act, 1992, S.O. 1992, c.23, as amended.
2.4
No person or owner shall knowingly or not knowingly, own, use, operate,
maintain, be keeper of, rent, offer for rent or permit to be used, operated,
maintained, rented or offered for rent a boarding house, or any part
thereof, except in compliance with the provisions of this By-law.
3. Boarding House Regulations/
Prohibition/Provisions
3.1
No person or owner shall own, use, operate, maintain, be keeper of, rent,
offer for rent, or permit to be used, operated, maintained, rented, or offered for
rent a boarding house, or any part thereof except in compliance with the
Town's Property Standards By-law. The Property Standards By-law dictates
standards such as, ensuring the boarding house is;
a)
kept free from dampness and moisture,
b)
kept free from pest infestation,
c)
maintained in a clean and sanitary condition and provided appliances
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and fixtures are kept in working order.
3.2
Every boarding house shall be provided with adequate and suitable heat
between the 15th day of September and the 31st day of May in each calendar
year and a minimum temperature of 20 degrees Celsius shall be maintained in
all such rooms at all other times of the year.
3.3
No person or owner shall use or permit the use of an appliance in a boarding
unit that may create a fire hazard.
3.4
No person or owner shall occupy or permit the occupancy of, for sleeping
purposes, any unfinished basement or any space used or designed to be
used as a lobby, hallway, closet, washroom, laundry room, stairway, or
kitchen.
3.5
Every boarding unit shall have a window or windows, skylights or
translucent panels facing directly or indirectly to an outside space that
admits natural light.
3.6
Boarding units shall only be occupied by one boarder maximum.
3.7 Boarding units shall provide a minimum of 7 square metres (75 sq ft) per person.
3.8
Every corridor, passageway, doorway, stairway, washroom, kitchen,
recreation room and storage rooms or other room used or designed to be
used in common by boarders in a boarding house shall be provided with
adequate light. Common areas will not be locked and will be accessible to
boarders.
3.9
A functioning telephone shall be provided in the boarding house that is
accessible to all boarders at all times for emergency use and the licensee
shall post a list of local emergency numbers in close proximity to the
telephone.
3.10 No person shall prepare, and no person or owner shall permit the
preparation or cooking of food for human consumption in any area
other than a kitchen.
3.11 Every person and owner shall ensure that all garbage that accumulates on
the property of the boarding house, in anticipation of disposal, is stored in
receptacles which are;
(a)
insect and rodent proof;
(b)
watertight;
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(c)
provided with a tight fitting cover;
(d)
maintained in a clean condition;
(e)
washed as frequently as necessary to maintain an odour free
condition; and,
(f)
kept on a portion of the property that is screened from public view.
3.12 Every person and owner shall ensure that all garbage and waste generated
on the property is prepared and disposed of in accordance with the Town's
Waste Collection By-law and policies. If the boarding house generates more
waste than is collected, as dictated by their policies, waste and refuse shall
be promptly removed and disposed of legally.
3.13 Where a licence is issued under this By-law, it shall be displayed in a
prominent location inside the main entrance of the boarding house together
with a list of any conditions imposed upon the licence.
3.14 The following written records shall be kept for each boarder and these
records shall be made available for inspection forthwith, at the request of a
Municipal Law Enforcement Officer;
a)
the full name of the boarder;
b)
the name, address, and telephone number of the next of kin, or where
there is no next of kin, the number of someone to contact in the event
of an emergency; and
c)
the make, model, and licence plate of any vehicle owned or operated by
a boarder.
3.15 All of the records referred to in Subsection 3.14 are the property of the
boarder and, where the boarder no longer resides in the boarding house,
shall be returned to the boarder, forthwith, upon demand.
3.16 Every licence issued under this By-law is subject to the following conditions:
(a) that the maximum number of boarding units as provided for in the licence
is not exceeded;
(b) that all Federal and Provincial laws and Town By-laws, including this
By law, are complied with prior to and subsequent to licence issuance;
and
(c) that no construction, renovation, alteration, or addition is carried out
on the subject property except in compliance with all laws and upon
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the issuance of all applicable permits.
3.17 The Town may impose any special conditions deemed appropriate by the
Commissioner of Legal and Enforcement Services to a licence, at any time
during the term of the licence, to increase public safety or to minimize public
nuisances.
3.18 No more than one (1) boarding house is permitted per property.
3.19 Each boarding house will be equipped with a kitchen that contains a
minimum of a refrigerator, a stove, and a sink, for use by boarders.
3.20 Every owner shall ensure that the property containing the boarding house
complies with the minimum parking requirements of the Zoning By-law. If the
Zoning By-law requires additional parking spaces due to additional uses of
the property, the owner shall ensure all required parking spaces are
provided.
3.21 Every owner shall ensure the size and location of the parking spaces
comply with the Town's Zoning By-law, as amended.
4. Design Of Premises
4.1
No person shall maintain, rent or offer for rent, or permit the maintenance,
renting or offering for rent, of boarding units in a boarding house, or any part
thereof, in excess of the maximum number of boarding units permitted in the
following table based on the gross floor area of the boarding house:
Gross Floor Area of Boarding House
Maximum Number of
Boarding units Permitted
140.1 -186 m2
4
186.1 -233 m2
5
233.1 - 326 m2
6
326.1 -465 m2
8
465-600 m2
10
4.2
Every boarding house shall be equipped with no less than one (1) washroom,
for use by boarders, for every three (3) boarders. Washrooms shall be
supplied with an adequate supply of common toiletries including toilet paper,
hand soap, and paper or cloth towels. A waste basket shall be provided in
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each washroom. Each waste basket shall be emptied and cleaned as often as
necessary for it to be maintained in a clean and sanitary condition.
5. Inspections
5.1
Upon receipt of an application for a licence or licence renewal, inspections of
the boarding house will occur at the location named in the application to
determine whether such boarding house complies with this By-law, and all
other applicable legislation.
5.2
The signature of the registered owner and applicant (if different from the
registered owner) on the application form shall be deemed as permission for
authorized persons to enter the subject property (and buildings) named in the
application at any reasonable time to carry out any inspections.
5.3
Every boarding house shall be subject to an annual Fire Services and
Property Standards Inspection. Whitby Fire and Emergency Services require
an annual inspection certificate from a Certified Technician verifying that;
(a)
the smoke alarms have been serviced within the preceding year;
(b)
the smoke alarms are in working order;
(c)
the fire extinguishers have been serviced within the preceding
year;
(d)
the fire extinguishers are in working order.
(e)
the mailing address for the corporation; and
(f)
a certificate of status issued by the Provincial or Federal
Government, indicating that the corporation is active.
5.4
Every owner shall notify the Town of Whitby Fire and Emergency
Services immediately should the number of boarders exceed five (5).