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Chapter 564
July 13, 2017
Licence
Chapter 0564 Business Licensing
Chapter Index
Article 1 - Short Title
564.1.1
Citation
Article 2 - Interpretation
564.2.1
Applicant - defined
564.2.2
Business - defined
564.2.3
By-law Enforcement Officer - defined
564.2.4
City - defined
564.2.5
Clerk - defined
564.2.6
Home occupation - defined
564.2.7
Licence - defined
564.2.8
Licensee - defined
564.2.9
Municipality - defined
564.2.10
Person - defined
564.2.11
Premises - defined
Article 3 - General Provisions
564.3.1
Operation - without licence - prohibited
564.3.2
Licence - compliance
564.3.3
Licence - displayed - at all times
564.3.4
Cancellation - suspension - refund
564.3.5
Cancellation - suspension - privileges - discontinued
Article 4 - Licence - Issue - Requirements
564.4.1
Procedure - requirements
564.4.2
Information - held by Clerk - open to inspection
564.4.3
Licence - granted - signed - by Clerk
564.4.4
Contravention - other laws - prohibited
564.4.5
Issuance - rejected - conditions
564.4.6
Issuance - rejected - dispute to Review Tribunal
564.4.7
Obstruction - hinder inspection - prohibited
564.4.8
Issue
564.4.9
Transfer - prohibited
564.4.10
Licence - address - notification of change
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Chapter 564
July 13, 2017
Article 5 - Fees
564.5.1
Fees - required - set out
Article 6 - Refusal - Revocation - Suspension of Licence
564.6.1
Notice - issued - conditions set out
564.6.2
Notice - how served
564.6.3
Application - not filed - expired without notice
564.6.4
Revocation or suspension of a licence
564.6.5
Application for review - expiry
564.6.6
Application for review - procedure - deadline
564.6.7
Report for a review of status of licensee
564.6.8
Review hearing - date of
564.6.9
Review hearing - notice of
564.6.10
Review hearing - by Review Tribunal - procedure
564.6.11
Review hearing - City - represented
564.6.12
Review hearing - onus upon applicant
564.6.13
Review hearing - open to public - exception
564.6.14
Review hearing - applicant absent - decision rendered
564.6.15
Review hearing - completion - decision rendered
564.6.16
Licence - conditions - imposed
564.6.17
Review Tribunal - decision final - binding
564.6.18
Review Tribunal - decision in writing
564.6.19
Waiver of hearing
564.6.20
Review Tribunal - decision - notification procedure
564.6.21
Licence - continued until expired
564.6.22
Licence - suspended or revoked - authority
564.6.23
Conditions - imposed - acceptance confirmed
564.6.24
Service of notice - by registered mail
Article 7 - Exemptions
564.7.1
Home occupations - registration
564.7.2
Exemption - home occupations - fee
564.7.3
Exemption - business in operation prior to enactment
564.7.4
Premise change - ownership change - fail to register
Article 8 - Enforcement
564.8.1
Fine - for contravention
564.8.2
Separate offence - daily
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Chapter 564
July 13, 2017
Article 9 - Enactment
591.9.1
Effective date
WHEREAS subsection 11 (2) of the Municipal Act, 2001, c. 25, provides a
lower tier municipality with the authority to pass by-laws for the health,
safety and well-being of persons and the protection of persons and
property, including consumer protection;
AND WHEREAS the Scope of Powers conferred under subsection 8
(3) of the Municipal Act, 2001, c. 25 permit that by-laws passed under
sections 10 and 11 may provide for a system of licenses respecting the
matter;
AND WHEREAS section 150 of the Municipal Act, 2001, c. 25 without limiting
the broad powers granted to municipalities through sections 9, 10 and 11 of
the Municipal Act, 2001, c. 25 provides that a local municipality may licence,
regulate and govern any business wholly or partly carried on within the
municipality for one or more of the following purposes: health and safety,
nuisance control or consumer protection;
AND WHEREAS the Council of the City of Woodstock deems it advisable to
license the businesses for the purposes of health and safety, nuisance
control and consumer protection.
Article 1 - Short Title
564.1.1
Citation
This Chapter may be cited and known as the "Business Licensing By-law."
Article 2 - Interpretation
564.2.1
Applicant - defined
"applicant" means a person who is required to be licensed pursuant to this
Chapter or who has made application for a licence to the City Clerk and shall
include a licensee.
564.2.2
Business - defined
"business" means an establishment offering goods, wares or services for sale
to the general public from premises and includes a home occupation but
excludes a business operated on a temporary basis as defined by Chapter
591 of the Woodstock Municipal Code.
564.2.3
By-law Enforcement Officer - defined
"By-law Enforcement Officer" means a person appointed by the municipal
Council of the City to enforce the by-laws of the municipality or a public
officer employed by the Woodstock Police Services Board or its successor.
564.2.4
City - defined
"City" means The Corporation of the City of Woodstock.
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July 13, 2017
564.2.5
Clerk - defined
"Clerk" means the Clerk of the City or the Clerk's designate.
564.2.6
Home occupation - defined
"home occupation" has the same meaning as defined in the City's Zoning
By-law, as amended.
564.2.7
Licence - defined
"licence" means a licence issued by the City to a business pursuant to this
by-law.
564.2.8
Licensee - defined
"licensee" means any person licenced under this by-law.
564.2.9
Municipality - defined
"municipality" means the geographic boundaries of the City of Woodstock.
564.2.10
Person - defined
"person" means a natural person, corporation, organization, association and
a partnership and the heirs, executors, administrators and other legal
representatives of a person to whom the context can apply.
564.2.11
Premises - defined
"premises" means land including any and all buildings or other structures
thereon.
Article 3 - General Provisions
564.3.1
Operation - without licence - prohibited
Subject to Article 7, no person shall carry on, conduct, operate, maintain or
keep a business without a licence (See Set Fines).
564.3.2
Licence - compliance
No licence shall be issued where the use is not permitted under the
provisions of the City's Zoning By-law or if the operation of the business
does not conform within the applicable standards and requirements of:
a)
Every by-law of the City;
b)
Every provincial or federal Act, and any regulation made under
such Act; and
c)
Every instrument of a legislative nature made or issued under a
provincial or federal Act or regulation, including standards and
requirements with respect to qualifications of the persons carrying
on or engaged in the business and with respect to vehicles and
equipment used for the purposes of the business.
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July 13, 2017
No person shall be licenced to carry on, conduct operate, maintain or keep a
business that contravenes:
a)
A by-law of the City;
b)
A provincial or federal Act, and any regulation made under such
Act; and
c)
An instrument of a legislative nature made or issued under a
provincial or federal Act or regulation, including standards and
requirements with respect to qualifications of the persons carrying
on or engaged in the business and with respect to vehicles and
equipment used for the purposes of the business.
There shall be a separate application for each premise to be used or person
to be licensed.
A Licensee shall not advertise or promote or carry on such licensed business
under any name other than the name endorsed on his or her licence.
No Licensee or employee or agent of the licensee shall refuse to permit a
person to enter and remain in a place of business or other premises used for
the business to which the public are customarily admitted for the reason that
he or she is a person with a disability accompanied by a guide dog or other
service animal unless the animal is otherwise excluded by law from the
premises.
If animals are excluded by law from the premises, the Licensee shall ensure
that other measures are available to enable the person with a disability to
obtain, use or benefit from the Licensee's goods or services.
In this sub-section "guide dog" and "service animal" has the same meaning
as defined in Ontario Regulation 429/07.
564.3.3
Licence - displayed - at all times
A Licensee shall, while carrying on the business to which the licence applies,
display the licence in a conspicuous place in or on the premises from which
the business operates.
564.3.4
Cancellation - suspension - refund
The City may at any time cancel or suspend any licence issued under this
Chapter and any licence fee collected for such licence shall be refunded for
the period of cancellation or suspension.
564.3.5
Cancellation - suspension - privileges - discontinued
While any licence granted under this Chapter is suspended or cancelled, the
Licensee shall not exercise any right or privilege conferred by such licence
and any such Licensee attempting to exercise any right or privilege under
such licence shall be liable to the same penalties and may be prosecuted in
the same way as though such person had procured no such licence.
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Article 4 - Licence - Issue - Requirements
564.4.1
Procedure - requirements
Applications must be filed in writing on the prescribed form with payment of
the applicable application fee. The Applicant shall provide any documentation
that the Clerk deems appropriate. The Clerk shall provide a copy of every
application to such civic departments, boards, commissions, authorities or
agencies as the Clerk considers may have an interest in the application, who
may submit comments or recommendations to the Clerk in respect of the
application within such time specified by the Clerk.
564.4.2
Information - held by Clerk - open to inspection
Any application, comment, recommendation, information, document or thing
in the possession of the Clerk pursuant to the provisions of this Chapter shall
be made available by the Clerk for an inspection by any person employed by
the City for administration purposes and/or enforcement purposes subject to
the limitations imposed by the Municipal Freedom of Information and
Protection of Privacy Act.
564.4.3
Licence - granted - signed - by Clerk
Each licence shall be issued by the City and shall be granted and signed by
the Clerk or the Clerk's designate.
564.4.4
Contravention - other laws - prohibited
The issuance of a licence is not intended and shall not be construed as
permission or consent by the City for the Licensee to contravene or to fail to
observe or comply with any law of Canada or Ontario or any Chapter of this
Code or by-law of the City.
564.4.5
Issuance - rejected - conditions
The Clerk shall issue a licence to an Applicant except where:
a)
the past conduct of the Applicant or an individual who is a member
of a partnership Applicant affords reasonable grounds for belief that
the business will not be carried on in accordance with the law;
b)
the information in the application is inaccurate;
c)
the past conduct of an officer, director or shareholder who owns or
controls 10% or more of its issued and outstanding voting and non-
voting shares of a corporate Applicant affords reasonable grounds
for belief that the business will not be carried on in accordance with
the law;
d)
the Applicant is carrying on activities that are, or will be if the
Applicant is licenced in contravention of this Chapter; or
e)
the Applicant is in default with respect to any other financial
obligation to the City.
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564.4.6
Issuance - rejected - dispute to Review Tribunal
Where an Applicant disputes in writing the non-issuance of a licence or the
revoking of a licence, the disputed matter shall be referred by the Clerk to
the Review Tribunal, which shall hear submissions from the applicant and
the City and determine the matter.
564.4.7
Obstruction - hinder inspection - prohibited
No person shall obstruct a person inspecting or withhold, destroy, conceal or
refuse to furnish any information or thing required by a person inspecting for
the purposes of this Chapter.
564.4.8
Issue
Each licence granted under this Chapter shall be a onetime licence issued
prior to opening of a business.
564.4.9
Transfer - prohibited
Every licence, at all times, is owned by and is the property of the City and is
valid only in respect of the person, location and premises named therein and
for the nature of the business stated in the licence. No licence may be sold,
purchased, leased, mortgaged, charged, encumbered, assigned, transferred
or otherwise dealt with.
564.4.10
Licence - address - notification of change
Every licensee shall notify the Clerk within seven days of any change in their
mailing address.
Article 5 - Fees
564.5.1
Fees - required - set out
The Licence fee shall be $150.00 provided at the time the application is filed.
Article 6 - Refusal - Revocation - Suspension of Licence
564.6.1
Notice - issued - conditions set out
The Clerk shall provide a notice of refusal to issue a licence to an Applicant if
the conditions for issuance have not been met, the Clerk determines that the
information on the Licensee's application for a licence is inaccurate or the
Applicant has contravened a Section of this Chapter. If the Applicant, or any
of its directors, officers or managers have been convicted of an offence
under the Criminal Code of Canada, the Clerk may, with the consultation of
the Police Department, refuse to issue a licence to an Applicant.
The Clerk shall provide the Applicant with the written notice of refusal to
issue a licence setting out the reasons for refusal, when the right to review
will expire and how to apply for a review. By-law 9141-17 - July 13, 2017.
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July 13, 2017
564.6.2
Notice - how served
The notice shall be served personally or by registered mail to the Applicant
at the address shown on the application.
564.6.3
Application - not filed - expired without notice
If an application for review has not been filed within fourteen days of the
Clerk having effected service of the notice, the Applicant's right to a review
will expire without further notice.
564.6.4
Revocation or suspension of a licence
The Clerk shall provide a notice to revoke or suspend a licence if the
Licensee no longer complies with the conditions for issuance after the licence
is issued, the Clerk determines that, the information on the Licensee's
application for the licence is inaccurate, the Licensee has contravened a
Section of this Chapter or if the Licensee or any of its directors, officers or
managers have been convicted of an offence under the Criminal Code of
Canada. The Clerk shall give the Licensee notice of the revocation or
suspension in writing setting out the reasons for revocation or suspension,
when the right to a review will expire and how to apply for a review. The
notice shall be served personally or by registered mail to the Licensee's
address last on file with the Clerk.
564.6.5
Application for review - expiry
If an application for review has not been filed within fourteen days of the
Clerk having effected service of the notice, the Applicant's right to review
will expire without further notice.
564.6.6
Application for review - procedure - deadline
An Applicant or Licensee in receipt of a notice to refuse, revoke or suspend a
licence, may, within fourteen days after service of the said notice apply in
writing for a review of the notice to refuse, revoke or suspend a licence by
filing the application for review with the Clerk.
564.6.7
Report for a review of status of licensee
The Clerk may report to the Review Tribunal any reasons for the issuance of
notice of refusal, revocation or suspension including any breaches by the
Licensee of this Chapter or other relevant considerations.
564.6.8
Review hearing - date of
Upon receipt of the application to review, the Clerk shall determine a date
for the review hearing with the Review Tribunal chairperson which shall be at
least fourteen days after receipt of the application for review.
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July 13, 2017
564.6.9
Review hearing - notice of
Upon determination of the review hearing date, the Clerk shall give notice in
writing to the Applicant or Licensee, said notice:
a)
shall include a statement as to the time, date, place and purpose of
the review hearing;
b)
shall indicate that, if the Applicant or Licensee does not attend the
review hearing, the Review Tribunal shall proceed in the absence of
the Applicant or Licensee and the Applicant or Licensee will not be
entitled to any further notice;
c)
shall be served personally or by registered mail to the Applicant or
Licensee at the address last on file with the Clerk; and
d)
shall, where the good character, propriety of conduct or
competence of an Applicant or Licensee is an issue, contain
reasonable information of any allegation with respect thereto.
e)
564.6.10
Review hearing - by Review Tribunal - procedure
The Review Tribunal shall hold the review hearing at the time, place and
date set out in the notice. The Applicant or Licensee may be represented at
the review hearing by counsel, and the Applicant or Licensee or their counsel
shall have the right to adduce evidence, submit argument on their behalf
and cross-examine witnesses adverse in interest.
564.6.11
Review hearing - City - represented
The City shall be represented at the review hearing by its designate who will
be entitled to adduce evidence and submit arguments in reply to evidence
and arguments on behalf of the Applicant or Licensee.
564.6.12
Review hearing - onus upon applicant
At the review hearing, the onus shall be upon the Applicant or Licensee to
show cause why:
a)
the licence should be granted;
b)
the licence should not be suspended or revoked; or
c)
conditions should not be imposed on the licence.
564.6.13
Review hearing - open to public - exception
All review hearings shall be public hearings unless the Applicant or Licensee
requests that the hearing be held in closed session and the Review Tribunal
may approve the request by a simple majority.
564.6.14
Review hearing - applicant absent - decision rendered
Where notice of the review hearing has been served on the Applicant or
Licensee and the Applicant or Licensee does not attend the hearing, the
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Chapter 564
July 13, 2017
Review Tribunal may proceed with the review hearing and render a decision
in the absence of the Applicant or Licensee.
564.6.15
Review hearing - completion - decision rendered
Upon completion of the review hearing, the Review Tribunal shall render a
decision which shall:
a)
confirm the Clerk's decision to refuse, revoke or suspend the
licence;
b)
reject the Clerk's decision and order the Clerk to issue a licence; or
c)
reject the Clerk's decision to revoke or suspend the licence.
564.6.16
Licence - conditions - imposed
Where the Review Tribunal rejects the Clerk's decision, the Review Tribunal
may impose conditions, including special conditions, on the Applicant or
Licensee as a requirement to hold a licence on such terms as are deemed
just.
564.6.17
Review Tribunal - decision final - binding
The Review Tribunal's decision shall be final and binding.
564.6.18
Review Tribunal - decision in writing
The Review Tribunal shall give its decision in writing to the Clerk within
seven days of the date of the completion of the review hearing.
564.6.19
Waiver of hearing
Despite any of the provisions of this Chapter, a proceeding may be disposed
of by a decision of the Review Tribunal given:
a)
without a hearing; or
b)
without compliance with any other requirements of the Statutory
Powers Procedure Act, as amended, or of this Chapter, where the
Applicant or Licensee has waived such hearing or compliance.
564.6.20
Review Tribunal - decision - notification procedure
The Clerk shall notify the Applicant or Licensee of the decision by serving a
copy personally or by registered mail to:
a)
the Applicant or Licensee at the address shown on the application,
or last on file with the Clerk; or
b)
the counsel or agent of the Applicant or Licensee, if any, at the
address as stated to the Review Tribunal.
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564.6.21
Licence - continued until expired
If the decision rendered is to reject the Clerk's decision, the licence shall be
issued or in the case of a notice to suspend or revoke the licence shall
continue in force.
564.6.22
Licence - suspended or revoked - authority
If the decision is to confirm the Clerk's decision to suspend or revoke the
licence, the Licensee shall within twenty-four hours of service of notice by
registered mail, or immediately if the notice is personally served, return the
licence to the Clerk and the Clerk shall have access to any premises or other
property of the Licensee for the purpose of receiving or taking the same.
564.6.23
Conditions - imposed - acceptance confirmed
If the decision is to confirm the Clerk's decision to impose conditions on the
licence, the Licensee shall within twenty-four hours of service of notice by
registered mail or immediately if the notice is personally served, advise the
Clerk as to his or her acceptance of the conditions.
564.6.24
Service of notice - by registered mail
Service of a notice by registered mail is effective on the fifth day after the
document is mailed.
Article 7 - Exemptions
564.7.1
Home occupations - registration
All home occupations in operation prior to the enactment of this by-law shall
register with the City prior to May 31, 2014.
564.7.2
Exemption - home occupations - fee
All home occupations, who have registered their business with the City Clerk
prior to May 31st 2014, shall not be required to pay the licence fee or to be
licenced.
564.7.3
Exemption - business in operation prior to enactment
Subject to 7.4, a Business in operation prior to the enactment of this by-law
shall not require a licence.
564.7.4
Premise change - ownership change - fail to register
The exemptions in 7.2 and 7.3 do not apply where:
a)
the premises from which the Business operates has changed;
b)
the ownership of the Business has changed; or,
c)
the Business is a home occupation that did not register with the
City prior to May 31st, 2014.
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Chapter 564
July 13, 2017
Article 8 - Enforcement
564.8.1
Fine - for contravention
Every person and every director or officer of a corporation who contravenes
any of the provisions of this Chapter is guilty of an offence and upon
conviction is liable to a fine or penalty up to $10,000 for each day or part of
a day that the offence continues as provided in the Municipal Act, 2001.
564.8.2
Separate offence - daily
Each day or part of a day that a violation of this Chapter continues shall
constitute a separate and distinct offence under this Chapter.
Article 9 - Enactment
564.9.1
Effective date
The by-law upon which this Chapter is founded comes into force and takes
effect on 1st day of January 2014.