Business Licensing (Consolidated) 111-2004

Business Licensing (Consolidated) 111-2004
*
INDEX TO THE BUSINESS LICENSING BY-LAW 111-2004
(Consolidated Version)
PART
PAGE
Definitions ........................................................................................
3
Interpretation .....................................................................................
7
Licensing Officer ...............................................................................
7
License Required ..............................................................................
8
Submission of License Application to Licensing Officer ...................
9
Term of License and Payment of Fees ............................................
9
Location of Premises .......................................................................
10
General Provisions of By-law ...........................................................
11
Renewal of License ..........................................................................
11
Suspension and Revocation ............................................................
12
Grounds for Refusal to Issue, Refusal to Renew .............................
or to Revoke a License
13
Terms and Conditions on License ....................................................
14
Opportunity to be Heard ...................................................................
15
Appeal Committee ...........................................................................
16
Return of License .............................................................................
18
License Production ..........................................................................
18
Notification of Change of Information ...............................................
19
Direction to Comply ..........................................................................
20
Signage ............................................................................................
20
Inspection ........................................................................................
20
Use of Town Property .......................................................................
21
Page 1 of 70 of By-law No. 111-2004 (Consolidated)
*
INDEX TO THE BUSINESS LICENSING BY-LAW 111- 2004
PART
PAGE
Accessibility ......................................................................................
21
Exemption ........................................................................................
21
Notice ...............................................................................................
21
Severability ......................................................................................
21
Short Title ........................................................................................
21
Penalty .............................................................................................
21
Repeal of By-laws ............................................................................
22
Effect.................................................................................................
22
Schedule “A” – Personal Service Businesses ..................................
23
Schedule “B” – Pawnbrokers ...........................................................
29
Schedule “C” – Transient Traders ....................................................
30
Schedule “D” – Commercial Refreshment Vehicles .........................
36
Schedule “E” – Auctioneers .............................................................
46
Schedule “F” – Salvage Yards .........................................................
49
Schedule “G” – Deleted per By-law No. 063-2014……………………………..
53
Schedule “H” – Foodstuffs ...............................................................
54
Schedule “I” – Kennels .....................................................................
58
Schedule “I-1” – Group Homes .........................................................
63
Schedule “J” – Limits of Downtown Business Area ..........................
66
Schedule “K” – Thresholds ..............................................................
67
Page 2 of 70 of By-law No. 111-2004 (Consolidated)
**Consolidated By-law No. 111-2004 as amended by By-law No. 048-2006, 043-2009, 087-2010,
129-2011 & 063-2014.**
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 111- 2004
RESPECTING THE LICENSING, REGULATING AND GOVERNING OF
BUSINESSES IN THE TOWN OF MILTON AND TO REPEAL BY-LAWS 18-97, 9197, 131-2001, 134-2001, 135-2001, 136-2001, 138-2001 AND 140-2001
WHEREAS Section 150 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended,
(the “Act”) authorizes councils of all municipalities to license, regulate and govern
any Business wholly or partly carried on within the municipality;
AND WHEREAS Council deems it expedient and necessary to license, regulate, and
govern certain Businesses within the Town of Milton;
AND WHEREAS it is the desire of Council to repeal By-laws 18-97, 91-97, 1312001, 134-2001, 135-2001, 136-2001, 138-2001 and 140-2001, as amended, and to
enact a new by-law to regulate, license and govern certain Businesses within the
Town of Milton.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF MILTON HEREBY ENACTS AS FOLLOWS:
1.
DEFINITIONS:
1.1
For the purposes of this By-law:
(a)
“Animal” shall mean any member of the animal kingdom, other than a human;
(By-law No. 043-2009)
(i)
“Animal Control Officer” shall mean a person or a corporation, including said
corporation’s employees, agents, and representatives, that has entered into a
contract with the Town or who are employed by the Town for the control and
regulation of animals within the Town of Milton and includes a Municipal Law
Enforcement Officer, an officer of the Halton Regional Police Service, and an
employee of the Oakville Humane Society, or such other party contracted by
the Town to provide such services;
(ii)
“Appeal Committee” shall mean the Access Paralegal Services as designated
by the Town of Milton Council by this By-law; (By-law No. 043-2009)
(iii)
"Applicant" shall mean any person applying for a License under this By-law;
Page 3 of 70 of By-law No. 111-2004 (Consolidated)
(iii.1) “application fee” shall mean the administrative fee to process a License
application; (By-law No. 043-2009)
(iv)
“Auctioneer” shall mean a person selling or putting up for sale, goods, wares,
merchandise, effects or livestock by public auction;
(v)
“business” shall mean the following trades, callings, businesses, or
occupations (and includes the sale or hire of goods or services in those
trades, callings, businesses or occupations):
•
•
•
•
•
•
•
•
•
•
Personal Service Businesses
Pawnbrokers
Transient Traders
Commercial Refreshment Vehicles
Auctioneers
Salvage Yards
Deleted per By-law No. 063-2014
Food Business
Kennels
Group Homes (By-law No. 043-2009)
(v.1)
“Chief Constable” shall mean the Chief of Police for the Halton Regional
Police Service, or his or her designate; (By-law No. 043-2009)
(v.2)
“Chief Fire Official” shall mean the Chief Fire Official for the Town, or his or
her designate; (By-law No. 043-2009)
(vi)
“Commercial Refreshment Vehicle” shall mean any vehicle from which
refreshments are sold, and/or meted out or distributed for consumption by the public
and includes carts, wagons, trailers, trucks and bicycles, regardless of the type of
motive power employed to move the refreshment vehicle from one point to another,
and “CRV” has the same meaning; (By-law No. 043-2009)
(vii)
“Council" shall mean the Council of the Town;
(viii)
“criminal records check” shall mean a criminal records check performed by
the Halton Regional Police Service, or the Police Service in the jurisdiction of
the Applicant’s residence and dated within six (6) months of the date of
application for the business license;
(ix)
“Director of Community Services” shall mean the Director of Community
Services for the Town, or his or her designate;
(x)
“Director of Engineering Services” shall mean the Director of Engineering
Services for the Town, or his or her designate;
Page 4 of 70 of By-law No. 111-2004 (Consolidated)
(xi)
“Director of Planning and Development” shall mean the Director of Planning
and Development for the Town, or his or her designate;
(xii)
Deleted per By-law No. 043-2009
(xiii)
“Food Business” shall mean any business for the purpose of which any
person engages in the handling of food and where grocery items are sold at
retail and where other accessory merchandise such as convenience items,
household supplies, hardware, patent medicines, personal care products and
garden centre products may be sold. Food Business includes, but is not
limited to: restaurants, grocery stores, convenience stores, bakeries,
butchers, ice cream parlours and all other premises where food is sold;
(xiv)
“foodstuffs” shall mean an edible commodity meant for human consumption,
and “food” shall have the same meaning;
(xv)
“highway” includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is
intended for or used by the general public for the passage of vehicles and
includes the area between the lateral property lines thereof;
(xvi)
“Kennel” shall mean a premises in which all facilities are wholly enclosed
within a building where more than 3 dogs over twelve (12) weeks of age, or 5
cats over six (6) weeks of age, are boarded, bred, kept or trained, but does
not include:
(a) a veterinary clinic or veterinary hospital;
(b) a public pound or animal shelter used by the Town for impounding
animals;
(c) any premises licensed under any statute of the Province of Ontario
or the Government of Canada, which permits the keeping of dogs
and other animals under certain conditions;
(d) a pet shop.
and “Boarding Kennel” as defined in the Zoning By-law has the same
meaning; (By-law No. 043-2009)
(xvii) "License" shall mean an authorization under this By-law to carry on a
business specified herein and the document, certificate, plate or card issued
which provides evidence of such authority as the context may allow;
(xviii) “Licensee” shall mean any person Licensed under this By-law.
Page 5 of 70 of By-law No. 111-2004 (Consolidated)
(xix)
"Licensing Officer" shall mean the person or persons appointed as such by
Council;
(xx)
“Medical Officer of Health” shall mean the Medical Officer of Health for the
Regional Municipality of Halton, or his or her designate;
(xx.1) “Mobile Personal Service” shall mean the provision of hair cutting, manicures
and nail treatments in the client’s home; (By-law No. 043-2009)
(xxi)
"Municipal Law Enforcement Officer” shall mean
Enforcement Officer appointed by Council;
a Municipal Law
(xxii) “Municipality” shall include the Town and the Region of Halton;
(xxiii) “nuisance” shall mean excessive or unlawful use of one's property to the
extent of unreasonable annoyance or inconvenience to a neighbour or to the
public, including, but not limited to noise, noxious odours, and traffic;
(xxiv) “Pawnbroker” shall mean a person who carries on the business of taking by
way of pawn or pledge any article for the repayment of money lent thereon;
(xxv) “person” shall include an individual, partnership, corporation or other
organization to whom the context may apply;
(xxvi) “Personal Service Business” shall mean a business that provides personal
care procedures for any part of the body and includes, but is not limited to,
acupuncture, hair cutting, manicuring and nail treatments, electrolysis,
aesthetics, tattooing and micro-pigmentation, body piercing, and ear piercing;
(xxvii) “Salvage Yard” shall mean an outside area where motor vehicles are
disassembled and dismantled, where vehicles in an inoperable condition or
used motor vehicle parts are stored or re-sold, and/or where used equipment,
used appliances, scrap material and salvage for the purposes of wrecking,
dismantling or salvaging parts thereof for sale or other disposal are stored or
re-sold, and shall include an automobile wrecking yard or premises;
(xxviii)
Deleted per By-law No. 063-2014
(xxviii.1)”Service Animal”, for the purposes of this By-law, an animal is a service
animal for a person with a disability if it is readily apparent that the animal is
used by the person for reasons relating to his or her disability, or if the
person provides a letter from a physician or nurse confirming that the person
requires the animal for reasons relating to the disability; (By-law No. 043-2009)
Page 6 of 70 of By-law No. 111-2004 (Consolidated)
(xxviii.2)“Service Club” shall mean a club organized and operated exclusively for
social welfare, civic improvement or for any other purpose except for profit,
and shall include the Optimist Club, the Knights of Columbus and the Royal
Canadian Legion; (By-law No. 043-2009)
(xxix) “Transient Trader” shall mean any person who offers goods, wares or
merchandise for sale in any manner in the Town, either directly or by way of
sample or catalogue for delivery later, other than on a permanent basis, and
also includes the business commonly known as a hawker or peddler;
(xxx) "Town" shall mean The Corporation of the Town of Milton;
(xxxi) “Town Clerk” shall mean the Town Clerk for the Town or his or her designate;
(xxxii) “Treasurer” shall mean the Treasurer for the Town or his or her designate;
(xxxii.1)“User Fee By-law” shall mean the Town’s User Fee By-law, as amended
from time to time; (By-law No. 043-2009)
(xxxiii) “Zoning By-law” shall mean the Zoning By-law of the Town as amended from
time to time;
(xxxiv) “Zoning Officer” shall mean the Zoning Officer for the Town, or his or her
designate.
2.
INTERPRETATION
This By-law includes the Schedules attached hereto and the Schedules are
hereby declared to form part of the By-law.
3.
LICENSING OFFICER
3.1
The Licensing Officer shall:
(i)
receive and process all applications for Licenses and for renewal of
Licenses to be issued under this By-law;
(ii)
issue Licenses to and renew Licenses for persons who meet the
requirements of this By-law;
(iii)
enforce the provisions of this By-law;
(iv)
generally perform all the administrative functions conferred upon him
or her by this By-law.
Page 7 of 70 of By-law No. 111-2004 (Consolidated)
4.
LICENSE REQUIRED
4.1
The businesses listed in section 4.1 of this By-law, require a license issued by
the Town under this By-law, to operate in the Town of Milton:
•
•
•
•
•
•
•
•
•
•
Personal Service Businesses
Pawnbrokers
Transient Traders
Commercial Refreshment Vehicles
Auctioneers
Salvage Yards
Deleted per By-law No. 063-2014
Food Business
Kennels
Group Homes (By-law No. 043-2009)
4.2
A License issued under this By-law, authorizes a person to carry on a
business within the Town, and no person shall carry on such business until he
or she has obtained a License to do so.
4.3
No person shall carry on or engage in any business, unless the person has a
valid License or Licenses permitting the person to do so.
4.4
The Licensing Officer may require the Applicant to obtain more than one
License under this By-law, if the nature of the business of the Applicant
qualifies under more than one licensing category as set out in section 4.1 of
this By-law.
4.5
The requirement of a License under this By-law is in addition to and not in
substitution for any other requirement to obtain a License or Licenses under
any other federal, provincial, or municipal regulation and does not relieve any
party from its obligations to comply with any other law.
4.6
No person shall enjoy a vested right in the continuance or renewal of a
License and the License shall be the property of the Town and shall remain
so regardless of the issuance, renewal, suspension, or revocation thereof.
4.7
Deleted per By-law No. 043-2009.
4.8
No person shall permit a Business to be operated on his or her property
unless a valid License has been issued for that Business. (By-law No. 043-2009)
Page 8 of 70 of By-law No. 111-2004 (Consolidated)
5.
SUBMISSION OF LICENSE APPLICATION TO LICENSING OFFICER
5.1
An application for a License shall be completed on the forms provided by the
Licensing Officer.
5.2
A completed application for a License shall be delivered to the Licensing
Officer as described in the attached Schedules, and shall be accompanied by:
(i)
the fee in the appropriate amount as set out in the Town’s User Fee
By-law;
(ii)
a sketch of the footprint of the business, if required by the Licensing
Officer;
(iii)
any other documentation required by the Schedules attached to this
By-law;
(iv)
if the Applicant is a corporation, a copy of the incorporating document
and a copy of the last annual information return which was filed with
the appropriate government department. (By-law No. 043-2009)
5.3
The Licensing Officer may make or cause to be made all investigations
deemed necessary or which are required by law or Council relative to the
application and may circulate the application to all or any other department
within the Town, the Regional Municipality of Halton, the Halton Regional
Police Service, the Medical Officer of Health or any other person or agency as
may be deemed necessary by the Licensing Officer.
5.4
Acceptance of the application and/or the license fee by the Town shall not
represent the approval of the application for the issuance of a license, nor
shall it obligate the Town to issue such license. (By-law No. 043-2009)
5.5
The application fee is non-refundable. (By-law No. 043-2009)
6.
TERM OF LICENSE and PAYMENT OF FEES
6.1
Every License issued under this By-law shall expire at the end of February of
each year, except for Licenses for Commercial Refreshment Vehicles that
shall expire at the end of December of each year, and Licenses for Transient
Traders that shall expire on the date indicated on the License, unless
otherwise revoked or suspended under this By-law prior to that date.
6.2
The rights granted by a License issued under this By-law apply only to the
business for which the License is issued.
Page 9 of 70 of By-law No. 111-2004 (Consolidated)
6.3
Each Licensee shall be required to renew the said License prior to the expiry
of the original License issued under this By-law and failing such renewal, the
Licensee must discontinue the operation of his or her business upon the
expiry of the License.
6.4
Where a complete application and required fee for the renewal of a License is
not submitted to the Licensing Officer before the expiry date of the License,
the License expires and in order to operate as a business listed in this By-law,
the Owner must make application for a new License in accordance with the
requirements of this By-law, rather than making application for a renewal of a
License.
6.5
Where a License has been revoked or suspended, the Licensee is not entitled
to a refund of the License fee.
6.6
When there has been a change in the documentation or information
previously provided to the Licensing Officer in connection with an application
for a License or renewal of a License under this By-law, regardless of how
that change in information or documentation comes to the attention of the
Licensing Officer or Council, the Licensing Officer acting on behalf of Council
or Council, may reconsider the granting or renewal of the License with or
without conditions, or consider a suspension or revocation of the License, in
accordance with the provisions of sections 10 to 12 of the By-law.
7.
LOCATION OF PREMISES
7.1
The location of all businesses shall comply with the provisions of the Zoning
By-law and/or any other applicable law.
7.2
The provisions of section 7.1 do not apply so as to prevent the renewal of a
License if the business was being lawfully carried on at that location in
accordance with the Zoning By-law when the original License was issued for
the business at that location and the business has continued to be carried on
in an uninterrupted fashion at that location, and the business is in compliance
with all other applicable laws and all other requirements of this By-law.
7.3
A business described in section 7.2 shall not expand beyond the footprint of
the business at the time the original business License was issued. (By-law No.
043-2009)
7.4
If the Owner of a business described in section 7.2 wishes to sell his or her
business, he or she shall provide the Licensing Officer with a sketch showing
the dimensions of the business premises at the time the original business
license was issued. The purchaser shall not expand the footprint the business
had at the time the original business license was issued. (By-law No. 043-2009)
Page 10 of 70 of By-law No. 111-2004 (Consolidated)
8.
GENERAL PROVISIONS OF BY-LAW
8.1
No person carrying on or engaged in any business or activity to which this Bylaw relates shall make a false or intentionally misleading recital of fact,
statement or representation, orally or in any agreement, statutory declaration
or application form required by this By-law, to the Town, to Council, any
committee of Council, the Town Clerk, the Licensing Officer, a Municipal Law
Enforcement Officer, an Animal Control Officer, the Medical Officer of Health,
a Peace Officer or a Police Officer, and the making of such a false or
intentionally misleading recital of fact, statement or representation constitutes
an offence.
8.2
Every Owner licensed as such under this By-law shall, within five (5) days
after the selling, leasing or disposal of his or her business in respect of which
the License has been issued, or after ceasing to carry on the business, notify
the Licensing Officer in writing of such fact and surrender the License.
8.3
No person Licensed to carry on a business under this By-law shall advertise
or promote or carry on such business under any name other than a name
endorsed upon the License.
8.4
Every License shall have endorsed thereon the location of such business,
and such endorsement shall be for one location only, and such License shall
be valid only for the location endorsed thereon, except as otherwise provided
for in the Schedules to this By-law.
8.5
Personal information collected as part of the application process for Licenses
is subject to release to the Chief Constable as and when requested by him or
her. (By-law No. 043-2009)
9.
RENEWAL OF LICENSE
9.1
To apply to renew a License, the Licensee shall submit a complete
application in the form required by the Town, along with any supporting
information or documentation of the type listed in section 5 of this By-law, if
required by the Town, and shall pay the required fee for the licensing year as
set out in the Town's User Fee By-law. (By-law No. 043-2009)
9.2
When a License can be renewed because it meets the requirements of this
By-law, the Licensing Officer shall issue a License, which shall set out the
expiry date of the License in accordance with section 6.1 of this By-law, and
the License is thereby renewed.
Page 11 of 70 of By-law No. 111-2004 (Consolidated)
9.3
Notwithstanding that a License has been renewed, the Licensing Officer may
require the holder of a License to file with the Licensing Officer such
certificates or other documentary evidence as the Licensing Officer may
require as evidence that such Applicant satisfies the requirements of this Bylaw.
9.4
A License shall not be renewed by the Licensing Officer if Council, or the
Licensing Officer acting on behalf of Council, determines that there are
grounds that the conduct of any person, including the officers, directors,
employees or agents of a corporation, affords reasonable cause to believe
that the person will not comply with the requirements of this By-law, and/or
will not carry on or engage in the business which is the subject of the License
in accordance with the law or with honesty and integrity.
10.
SUSPENSION AND REVOCATION
10.1
In addition to any other penalty which may be imposed pursuant to this Bylaw, the Licensing Officer may suspend or revoke a License:
(i)
for failure to comply with any provisions of this By-law;
(ii)
on grounds that it is in the public interest to do so, including, but not
limited to, public health and safety reasons; and/or
(iii)
upon grounds that the conduct of any person, including the officers,
directors, employees or agents of a corporation, affords reasonable
cause to believe that the person will not carry on or engage in the
business for which the License was received in accordance with the
law or with honesty and integrity.
(iv)
where the Owner has misrepresented or omitted a material fact in his
or her application for the License being applied for.
10.2
A suspension shall be and remain in force until such time as the Licensee has
satisfied the Licensing Officer as to the Licensee’s compliance with this Bylaw, and where applicable, the Licensee has satisfied the Licensing Officer
that the public interest no longer requires the suspension of such License or
there is no longer reasonable cause to believe that the Licensee will not carry
on or engage in the business in accordance with the law or with honesty or
integrity.
10.3
The Licensing Officer shall revoke any License that has been under
suspension for a period in excess of 120 days.
Page 12 of 70 of By-law No. 111-2004 (Consolidated)
10.4
The decision of the Licensing Officer may be appealed to the Appeal
Committee in accordance with section 13 of this By-law.
10.5
Where a License has been revoked or suspended, the Licensee is not entitled
to a refund of any fee paid under this By-law.
11.
GROUNDS FOR REFUSAL TO ISSUE, REFUSAL TO RENEW, OR TO
SUSPEND OR REVOKE A LICENSE
11.1
An Applicant whose application meets all of the requirements of this By-law is
entitled to a License, or to the renewal of a License, and a Licensee who
meets all the requirements of this By-law is entitled to be able to continue to
hold a License, except where:
(i)
having regard to his or her financial position, the Applicant/Licensee
cannot reasonably be expected to be financially responsible in the
conduct of the business which is to be Licensed or is Licensed;
(ii)
the past conduct of the Applicant/Licensee affords reasonable grounds
for the belief that the Applicant/Licensee will not carry on the activity for
which he or she is to be Licensed or to continue to be Licensed, in
accordance with law and with integrity and honesty;
(iii)
the issuance of the License or renewal of the License would be
contrary to the purposes of this By-law;
(iv)
the Applicant/Licensee is carrying on activities that are, or will be if the
Applicant is Licensed, in contravention of this By-law.
(v)
the Applicant/Licensee has misrepresented or omitted a material fact in
his or her Application for the License being applied for or for a prior
License.
(vi)
the Applicant/Licensee has failed to pay any fine or fines imposed by
the Court arising from convictions for breach of a by-law enacted by
Council or has failed to pay fines for convictions under the Provincial
Offences Act which are due and unpaid, or where a prohibition or other
Court order made upon conviction has not been complied with;
(vii)
there are reasonable grounds to believe that the building, premises or
place or part thereof in which the business is carried on or intended to
be carried on is dangerous or unsafe or in contravention of the Ontario
Building Code, the Fire Code or the Town’s Property Standards Bylaw;
Page 13 of 70 of By-law No. 111-2004 (Consolidated)
(viii)
there are reasonable grounds to believe that the equipment, vehicles,
and other personal property used or kept for hire in connection with the
carrying on of or engaging in the business is dangerous or unsafe;
(ix)
the Applicant/Licensee fails to meet the Town’s thresholds, as
described in Schedule “K” to this By-law, if applicable to the
Applicant’s/Licensees category of business;
(x)
the Applicant/Licensee fails to maintain insurance as required by the
Schedules attached to this By-law;
(xi)
in addition, if the Applicant/Licensee is a corporation:
(i)
having regard to its financial position, it cannot reasonably be
expected to be financially responsible in the conduct of the
business for which it is, or is to be Licensed;
(ii)
the past conduct of the officers or directors affords reasonable
grounds for the belief that the Applicant or the Licensee will not
carry on the activity for which he or she is to be Licensed or
continue to be Licensed in accordance with law and with
integrity and honesty; or
(iii)
the issuance of the License or renewal of the License would be
contrary to the purposes of this By-law.
12.
TERMS AND CONDITIONS ON LICENSE
12.1
(i)
The Licensing Officer may impose conditions as a requirement of
obtaining, continuing to hold or renewing a License under this By-law.
(ii)
The Licensing Officer may also impose special conditions on a
business in a class as a requirement of obtaining, continuing to hold or
renewing a License under this By-law that have not been imposed on
all of the businesses in that class, upon such grounds as are set out in
section 11 and/or section 12.2 of this By-law.
12.2
The Licensing Officer may impose conditions, including special conditions, on
the following grounds:
(i)
the Licensee has failed to comply with any provision of this By-law;
(ii)
it is determined to be in the public interest to impose such conditions,
including, but not limited to, public health and safety reasons; and/or
Page 14 of 70 of By-law No. 111-2004 (Consolidated)
(iii)
it is determined that the conduct of any person, including the officers,
directors, employees or agents of a corporation, affords reasonable
cause to believe that the person will not carry on or engage in the
business in accordance with the law or with honesty and integrity.
12.3
The Licensing Officer may impose interim special conditions on businesses
that have Zoning status which is legal non-conforming, to bring these
businesses into conformity with the requirements of this By-law, and/or other
applicable law.
12.4
It shall be the condition of every License that the Licensee shall, in carrying
on the business:
(i)
comply with the provisions of this By-law, and any other applicable law,
and ensure such compliance for every other person involved in the
carrying on of such business;
(ii)
at all times maintain and keep clean, safe, in good condition and repair
any vehicle, place or premises for which a License has been issued
under this By-law;
(iii)
not cause, tolerate or permit a nuisance to arise in connection with the
place or premises for which the License was issued;
(iv)
not cause, tolerate or permit shouting, noise or disturbance on or in
connection with the place or premises for which a License was issued,
which is unnecessary, unreasonable or contrary to any By-law
prohibiting the same, and if such shouting, noise or other disturbance
occurs, the Licensee shall at once take immediate steps to cause the
nuisance to be abated;
(v)
not cause, tolerate or permit any obstruction on any highway, sidewalk,
lane or public place in front of or adjoining the place or premises for
which a License was issued;
(vi)
not cause, tolerate, or permit any profane, offensive, or abusive
language in connection with any place or premises for which the
License was issued.
13.
OPPORTUNITY TO BE HEARD
13.1
The Licensing Officer shall refuse to issue, renew or may revoke or suspend
any License the issuance of which would be contrary to this By-law, but in
doing so the Licensing Officer shall notify the Applicant that he or she may
request that the Appeal Committee review his or her application.
Page 15 of 70 of By-law No. 111-2004 (Consolidated)
13.2
The Licensing Officer’s notice shall state that the Applicant/Licensee may
appeal the decision of the Licensing Officer to the Appeal Committee to
address the issues and grounds identified in the notice, and by paying the
required fee pursuant to the Town's User Fee By-law, as amended from time
to time. The notice shall also state that if the Applicant/Licensee does not
notify the Licensing Officer that the Applicant/Licensee requests an appeal,
the application for a License or renewal of a License may not be granted,
conditions, including special conditions, may be imposed, or the License may
be suspended or revoked and the Applicant/Licensee will not be entitled to
any further notice with respect to the matter.
13.3
If the Applicant/Licensee wishes to request an opportunity to be heard before
the Appeal Committee, the Applicant/Licensee must serve a notice in writing
to that effect upon the Licensing Officer within fifteen (15) days of being
served with the Licensing Officer's notice, along with the applicable fee
required pursuant to the Town's User Fee By-law, as amended from time to
time.
13.4
(i)
Where the Licensing Officer receives notice from the
Applicant/Licensee in accordance with subsection 13.3, the Licensing
Officer shall forthwith refer the matter to the Appeal Committee and
give the Applicant/Licensee notice of the date and time when the
Applicant/Licensee will have the opportunity to be heard on the matter
by the Committee.
(ii)
Where the Licensing Officer does not receive notice from the
Applicant/Licensee requiring an opportunity to be heard in accordance
with subsection 13.3, the Town need not process the application
further and no further notice is required to be served upon the
Applicant/Licensee, and the License or renewal of the License may not
be granted and Council may also suspend or revoke the License or
impose conditions, including special conditions, without hearing from
the Applicant/Licensee.
13.5
Where the Applicant/Licensee has satisfied all requirements under this By-law
for the issuance or renewal of a License and there are no grounds under this
By-law for denying the issuance or renewal of the License and the Licensing
Officer does not seek to have conditions imposed on the License, the
Licensing Officer shall issue or renew the License.
14.
APPEAL COMMITTEE
14.1
Where a matter has been referred to the Appeal Committee at the
Applicant’s/Licensee’s request, and the Applicant/Licensee does not attend
the scheduled hearing, the Appeal Committee may hold the hearing in the
Page 16 of 70 of By-law No. 111-2004 (Consolidated)
absence of the Applicant/Licensee and otherwise proceed in accordance with
section 13 of this By-law. (Amended by By-law No. 087-2010)
14.2
At any hearing conducted by the Appeal Committee under this By-law, the
Appeal Committee can hear not only from the Applicant/Licensee, but also
from the Licensing Officer or other Town staff, any governmental or other
public agency, or the general public. (Amended by By-law No. 087-2010)
14.2.1 The Appeal Committee shall have regard to the following matters where
relevant, as may be raised at a hearing:
(i)
Business Licensing By-law No. 111-2004 and any other applicable law;
and
(ii)
circumstances and facts raised by the evidence of the parties; and
(iii)
the legitimate business interests of the applicant or licensee; and
(iv)
whether issuing the license would put the public safety at risk; and
(v)
compliance with any conditions of a license; and
(vi)
whether information supplied to obtain the licence or to comply with a
condition was false or misleading; and
(vii)
licensing fees that have not been paid; and
(viii)
fees paid pursuant to the Town’s User Fee By-law; and
(ix)
fines for convictions under the Provincial Offences Act are due and
unpaid; and
(x)
the licensee has not actively carried on the business for which the
licence was obtained; and
(xi)
whether the business is or will be carried on in compliance with the
law, and whether the conduct of the person, in the case of a
partnership, the conduct of its partners, employees or agents or in the
case of a corporation, the conduct of its officers, directors, employees
or agents affords reasonable grounds for belief that the person will not
carry on or engage in the business in accordance with the law or with
honesty or integrity.
(Amended by By-law No. 087-2010)
Page 17 of 70 of By-law No. 111-2004 (Consolidated)
14.3
14.4
Upon the conclusion of a hearing conducted by the Appeal Committee under
this By-law, the Appeal Committee shall, as soon as practicable, set out the
findings of fact and render a decision, and, notwithstanding any other
provision provided for within this By-law, the Appeal Committee shall have the
authority to:
(i)
order a license be granted or renewed; or
(ii)
refuse to issue or renew a license; or
(iii)
revoke a license; or
(iv)
suspend a license, including an interim suspension of a license
pending a rescheduling of a hearing; or
(v)
impose conditions on a license.(Amended by By-law No. 087-2010)
The Appeal Committee’s decision shall be final and binding. (By-law No. 0432009)
14.5
The Appeal Committee shall provide its decision, in writing, to the appellant
and to the Licensing Officer. (Amended by By-law No. 087-2010)
15.
RETURN OF LICENSE
15.1
Where a License has been suspended or revoked, the holder of the License
shall return the License to the Licensing Officer or Municipal Law
Enforcement Officer within twenty-four (24) hours of receipt of written
notification of the suspension or revocation. The Licensing Officer or
Municipal Law Enforcement Officer may enter the premises for the purpose of
receiving or taking the said License and no person shall refuse to deliver or in
any way obstruct or prevent the Licensing Officer or a Municipal Law
Enforcement Officer from obtaining the License.
16.
LICENSE PRODUCTION
16.1
Every person Licensed under this By-law shall, when requested by a
Municipal Law Enforcement Officer, the Licensing Officer, a Building
Inspector, the Medical Officer of Health, the Fire Chief, an Animal Control
Officer, or a Police Officer immediately produce his or her License issued
under this By-law, and other relevant documents required under this By-law.
16.2
Owners shall ensure that their License(s) is displayed in a conspicuous place
at their place of business at all times.
Page 18 of 70 of By-law No. 111-2004 (Consolidated)
16.3
Every person obtaining a License under this By-law, where the same applies
to the business of such person, shall carry such License with him or her when
engaged in the business for which the License is issued, and/or shall wear
the identification card provided by the Licensing Officer on their person, in a
visible location, if applicable. Every person so Licensed shall, when so
requested by the Licensing Officer, a Municipal Law Enforcement Officer, a
Police Officer, the Medical Officer of Health, an Animal Control Officer, or the
Chief Fire Official produce the License and/or the identification card for
inspection. (By-law No. 043-2009)
16.4
No License shall be transferred, except with the consent, in writing, of the
Licensing Officer.
16.5
No person Licensed under this By-law shall, in respect of any person with a
disability,
(i) refuse to serve such person;
(ii) refuse to permit such person to enter into or upon any place, premises,
vehicle or thing to which the License relates; or
(iii) refuse to permit such person to remain in or upon such place, premises,
vehicle or thing, by reason only of the presence of such disability.
16.6
No person Licensed under this By-law shall, in respect of any physically
impaired person being guided or led by a service animal:
(i)
refuse to serve such person;
(ii)
refuse to permit such person to enter with such service animal into or
upon any place, premises, vehicle or thing to which the License
relates; or
(iii)
refuse to permit such person and such service animal to remain in or
upon such place, premises, vehicle or thing, by reason only of the
presence of the said service animal. (By-law No. 043-2009)
17.
NOTIFICATION OF CHANGE OF INFORMATION
17.1
Subject to sections 8.2 and 8.4 of this By-law, the holder of every License
issued under this By-law shall, upon changing his or her name, address, or
any information relating to the License, produce his or her License at the
office of the Licensing Officer within seven (7) working days for a License
containing the new information to be issued by the Licensing Officer.
Page 19 of 70 of By-law No. 111-2004 (Consolidated)
17.2
Subject to sections 8.2 and 8.4 of this By-law, when the Licensee is a
corporation and there is any change in the relevant information relating to the
License, namely: names or addresses of officers or directors, location of the
corporate head office or change in the ownership of shares, the Licensee
shall report the change to the Licensing Officer, in writing, within seven (7)
working days of the change and, if necessary, the License shall be returned
immediately to the Licensing Officer and a new License containing the new
information will be issued by the Licensing Officer.
18.
DIRECTION TO COMPLY
18.1
Where the Licensing Officer or a Municipal Law Enforcement Officer finds that
any provision of this By-law has been contravened, the Licensing Officer or a
Municipal Law Enforcement Officer may give to the person believed to be the
contravener a Direction, directing compliance with such provision, and may
require the Direction to be carried out forthwith or within such time as the
Licensing Officer or a Municipal Law Enforcement Officer specifies.
Alternatively, the Licensing Officer may suspend the License until the
Licensee demonstrates to the Licensing Officer that the Licensee is no longer
in violation of the By-law.
19.
SIGNAGE
19.1
All Licensees must comply with the Town's Sign By-law, as amended from
time to time.
20.
INSPECTION
20.1
The Medical Officer of Health, a Municipal Law Enforcement Officer, the
Licensing Officer, an Animal Control Officer, a Police Officer, the Fire Chief, a
Peace Officer, or such other person as Council may designate may, at any
reasonable time, enter the business premises of the Applicant/Licensee for
the purpose of determining whether this By-law is being complied with and,
for this purpose, may make such examinations, investigations and inquiries
as are necessary to confirm compliance with this By-law, and no person shall
obstruct or hinder such examinations, investigations and inquiries.
20.2
No person shall withhold, destroy, conceal or refuse to furnish any information
or thing required by the Licensing Officer, a Municipal Law Enforcement
Officer, an Animal Control Officer, a Police Officer, the Medical Officer of
Health, the Fire Chief, a Peace Officer, or other person designated by
Council.
Page 20 of 70 of By-law No. 111-2004 (Consolidated)
20.3
The Licensing Officer, a Municipal Law Enforcement Officer, an Animal
Control Officer, a Police Officer, the Medical Officer of Health, the Fire Chief,
or a Peace Officer is entitled to inspect any vehicle, goods, articles, books,
records and other documents of or relating to any business.
21.
USE OF TOWN PROPERTY
21.1
Permission must be obtained by a Licensee from the Director of Community
Services, the Director of Engineering Services, or other applicable Town
department prior to using Town property for the purposes of a business.
22.
ACCESSIBILITY
22.1
Persons licensed under this By-law shall, where possible, make their
business accessible to persons with disabilities.
23.
EXEMPTION
23.1
The Town is exempt from the provisions of this By-law.
24.
NOTICE
24.1
Any notice required to be given under this By-law is sufficiently given if
delivered personally or sent by registered mail to the Applicant/Licensee at
the address provided on the License application form.
24.2
Where service is effected by registered mail, it shall be deemed to be made
on the fifth (5) day after the date of mailing.
25.
SEVERABILITY
25.1
If a court of competent jurisdiction declares any section or part of this By-law
invalid, the remainder of this By-law shall continue in force unless the court
makes an order to the contrary.
26.
SHORT TITLE
26.1
This by-law shall be known as the Business Licensing By-law.
27.
PENALTY
27.1
Every person who contravenes any provision of this By-law and every director
or officer of a corporation, who knowingly concurs in the contravention by the
corporation, is guilty of an offence and on conviction is liable to either a
minimum fine up to $500 or a maximum fine up to $100,000. (By-law No. 0432009)
Page 21 of 70 of By-law No. 111-2004 (Consolidated)
27.1(a) If By-law No 111-2004, as amended, is contravened and a conviction
entered, in addition to any other remedy and to any penalty imposed by the
By-law, the court may impose an order prohibiting the continuation or
repetition of the offence by the person convicted. (By-law No. 043-2009)
27.2
Deleted per By-law No. 043-2009
27.3
This By-law shall be administered and enforced by the Licensing Officer, a
Municipal Law Enforcement Officer, an Animal Control Officer, the Fire Chief,
a Police Officer, a Peace Officer, or such other person as Council may
designate.
28.
REPEAL OF BY-LAWS
28.1
By-law Nos. 101-2002, 18-97, 91-97, 131-2001, 134-2001, 135-2001, 1362001, 138-2001, and 140-2001, as amended, are hereby repealed. (By-law No.
043-2009)
29.
EFFECT
29.1
This By-law shall come into force and effect on the day it is passed.
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 20th day
of December, 2004.
__________________________Mayor
Gordon A. Krantz
_________________________ Town Clerk
Troy McHarg
Page 22 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “A” TO BY-LAW NO. 111- 2004
as amended by 048-2006
Personal Service Businesses
In addition to the other requirements of this By-law, the following regulations apply to
Personal Service Businesses as defined in this By-law:
1.
Deleted per By-law 043-2009.
2.
Where every person, at any one location, who provides or performs Body Rub
in conjunction with a Personal Service Business, is licensed or registered to
do so under the laws of the Province of Ontario, or meets the requirements
under Section 3, then the Personal Service Business shall be exempt from
sections 8 to 16 under this schedule. (as amended by by-law 048-2006)
3.
Any person, who provides or performs Body-Rub in conjunction with a
Personal Service Business that is not licensed or registered to do so under
the laws of the Province of Ontario, may contact the Medical Officer of Health
to review his or her specific qualifications. The Medical Officer of Health shall
advise the Town whether or not the person’s qualifications meet the
requirements of the laws of the Province of Ontario, and upon receipt of such
approval, this person shall be exempt from sections 9 to 16 under this
schedule. (as amended by by-law 048-2006)
3.1
Any person who provides or performs Body Rub in conjunction with a
Personal Service Business, that is licensed or registered to or do so under the
laws of the Province of Ontario, shall be exempt from sections 9 to 16 under
this schedule. (as amended by by-law 048-2006)
3.2
Any person, at any one location, who provides or performs acupuncture and
is duly certified to do so, and is licensed or registered under the laws of the
Province of Ontario to perform medical or therapeutic treatment, shall be
exempt from the requirements under this schedule provided that no other
Personal Service is being performed or provided by this person, at this
location. (as amended by by-law 048-2006)
3.3
Any person, at any one location, who provides or performs acupuncture and
is duly certified to do so, and is not licensed or registered to perform medical
or therapeutic treatment under the laws of the Province of Ontario, may
contact the Medical Officer of Health to review his or her specific qualification.
The Medical Officer of Health shall advise the Town whether or not the
person’s qualifications meet the requirements of the laws of the Province of
Ontario. Upon receipt of such approval and provided that no other Personal
Service is being performed or provide by this person, at this location, this
person shall be exempt from the requirements under this schedule. (as
amended by by-law 048-2006)
Page 23 of 70 of By-law No. 111-2004 (Consolidated)
4.
Those persons not exempt from the requirements of this Schedule shall, as
part of the application for a Personal Service Business License:
(i)
provide written confirmation from the Zoning Officer that the use of
the property is permitted under the Zoning By-law (this confirmation
will not be required for the renewal of a License);
(ii)
provide written confirmation from the Medical Officer of Health that
all necessary inspections have been completed and the business is
in compliance with the Personal Service Settings Protocol provided
by the Halton Region Health Department.
5.
Every person who carries on a Personal Service Business shall comply with
the Personal Services Settings Protocol under the Infection Control Program
of the Mandatory Health Programs and Services Guidelines, January 1998,
published by the Ministry of Health as authorized by the Health Protection and
Promotion Act, R.S.O. 1990, c. H. 7, as amended, and the requirements of
the Medical Officer of Health and the Personal Services Settings Protocol.
6.
Inspections of the business premises and enforcement of personal services
requirements will be the responsibility of the Medical Officer of Health, in
addition to Municipal Law Enforcement Officers.
7.
For the purposes of this Schedule:
(a)
“Attendant” means a person who provides body rubs, where
Body Rubs are performed or provided in conjunction with
other personal care procedures. (as amended by by-law 048-2006)
(b)
“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 duly
qualified, licensed or registered to do so under the laws of
the Province of Ontario; (as amended by by-law 048-2006)
(c)
“Operator” includes a proprietor or any person who alone or
with others operates, manages, supervises, runs or controls
a Personal Service Business where Body Rubs are
performed or provided in conjunction with other personal
care procedures; (as amended by by-law 048-2006)
Page 24 of 70 of By-law No. 111-2004 (Consolidated)
(d)
“Owner” means a person who alone or with others has the
right to possess or occupy a Personal Service Business
where Body Rubs are performed or provided in conjunction
with other personal care procedures or actually does
possess or occupy such Personal Service Business, and
includes a lessee of a Personal Service Business where
Body Rubs are performed or provided in conjunction with
other personal care procedures or premises upon which a
Personal Service Business where Body Rubs are performed
or provided in conjunction with other personal care
procedures, is located; (as amended by by-law 048-2006)
(e)
“Personal Service” means personal care procedures for any
part of the body and includes, but is not limited to
acupuncture, hair cutting, manicuring and nail treatments,
electrolysis, aesthetics, tattooing and micro-pigmentation,
body piercing, and ear piercing. (as amended by by-law 048-2006)
(f)
“Specified Body areas” means any one or more of the
following:
in the case of a female person, her nipples and breasts;
and
in the case of all persons, the genitals and the anus;
(as amended by by-law 048-2006)
8.
Body Rubs may be performed only in conjunction with personal care
procedures, in an area of a Personal Service Business that is less than
TWENTY 20% of the non-administrative floor space of the business. (as
amended by by-law 048-2006) Storage areas are not to be included in the
calculation of floor space. (By-law No. 043-2009)
8.1
No person shall perform Body Rubs in conjunction with personal care
procedures, in an area of a Personal Service Business that is greater that
TWENTY 20% of the non-administrative floor space of the business. (as
amended by by-law 048-2006)
Page 25 of 70 of By-law No. 111-2004 (Consolidated)
9.
These persons applying for a Personal Service Business licence where Body
Rubs are performed shall provide the Licensing Officer with the information
required in this By-law, together with:
(a)
(b)
a floor plan of the Personal Service Business showing the designated
room(s) for the provision of Body-Rubs and no person may provide
Body Rubs in any other room, cubicle, enclosure or partitioned area
located within the Personal Services Business. In the event that the
Owner or Operator wishes to amend the floor plan, he or she shall first
file a copy of the amended floor plan with the Licensing Officer, and
shall not proceed to make such alterations without first obtaining the
approval of the Licensing Officer.
a Criminal Records Check for each Attendant.
(as amended by by-law 048-
2006)
10.
Every recipient of a Body-Rub where Body Rubs are performed or provided in
conjunction with other personal care procedures, shall be clothed in a manner
that ensures that the person’s Specified Body Areas are fully covered at all
times by opaque material. (as amended by by-law 048-2006)
11.
Every Attendant shall be clothed in a manner that ensures that the
Attendant’s Specified Body Areas are fully covered at all times by opaque
material. (as amended by by-law 048-2006)
12.
No Owner, Operator, or Attendant shall perform or permit, allow or cause to
be performed a Body-Rub as described in this Schedule, by or upon any
person whom he or she has reasonable cause to suspect has been exposed
to or is suffering from any communicable disease, including any
communicable skin disease. (as amended by by-law 048-2006)
13.
No Owner or Operator shall, in respect of any Personal Service Business
where Body Rubs are performed or provided as described in this Schedule,
owned or operated by such Owner or Operator, permit, allow or cause any
Attendant to touch, or be touched by, or have physical contact with, any
person in any manner whatsoever involving any Specified Body Areas. No
Attendant shall, while at a Personal Service Business where Body Rubs are
performed or provided as described in this Schedule, touch or allow, permit or
cause herself or himself to be touched or have physical contact with any other
person in any manner whatsoever involving any Specified Body Areas. (as
amended by by-law 048-2006)
Page 26 of 70 of By-law No. 111-2004 (Consolidated)
14.
The Owner or Operator may designate one or more rooms for use as an
office and/or storage room. Such designated office and/or storage rooms
may be equipped or constructed with a locking device. The rooms for office
and/or storage space shall not be used for the provision of Body Rubs. (as
amended by by-law 048-2006)
15.
Every Owner or Operator shall ensure that no means of access to any room,
cubicle, enclosure or partitioned area in a Personal Service Business where
Body Rubs are performed or provided as described in this Schedule, save
and except the designated office and/or storage room, is equipped or
constructed with a locking device of any kind or with any other device or
structure which could delay or hinder anyone from entering or obtaining
access to such area. (as amended by by-law 048-2006)
16.
In addition to complying with the Town's Sign By-law, all advertising,
advertising devices, including interior or exterior signage, and/or any other
communication or thing used to promote the Body Rub services of a
Personal Service Business where Body Rubs are performed, must be
approved by the Licensing Officer. (as amended by by-law 048-2006)
17.
Valid personal service business licenses may be extended to provide for a
mobile personal service for hair cutting, manicures and nail treatments.
Mobile personal service shall not be provided for massage, tattooing,
body/ear piercing, or any other category of personal service. (By-law No. 0432009)
18.
Each individual carrying on a mobile personal service as described in
section 17 of this Schedule shall provide a criminal records check to the
Licensing Officer. The Licensing Officer shall refuse to issue a License if the
Applicant has been convicted of any of the charges listed in Schedule “K” or
whether these convictions afford reasonable cause to believe that the
person will not provide a Mobile Personal Service in accordance with the law
or with honesty or integrity. (By-law No. 043-2009)
19.
The Licensing Officer shall issue a photo identification card to the individual
providing the mobile personal service. (By-law No. 043-2009)
20.
If a client is less than 18 years of age, a parent or guardian must be present
when the mobile personal service is being provided. (By-law No. 043-2009)
Page 27 of 70 of By-law No. 111-2004 (Consolidated)
21.
Every applicant for Mobile Personal Services and Personal Services
Businesses shall procure a Broad Form Commercial General Liability policy
of insurance with respect to the operations in a form satisfactory to the
Treasurer endorsed to the effect that the Town, through the Licensing Officer
shall be given at least ten (10) days’ notice in writing of any cancellation.
Such policy shall be written with limits of no less than TWO MILLION
DOLLARS ($2,000,000) per occurrence and shall apply to all operations of
the Named Insured and include coverage for bodily injury including death,
broad form property damage, personal injury, products and completed
operations liability, blanket contractual liability, contingent employer’s
liability, non-owned automobile. It shall also include cross liability and/or
severability of interest clauses.
A certified copy of such policy or a certificate of insurance must be provided
to the Licensing Officer thirty (30) days’ prior to the issuance of the required
License and annually thereafter.
If applicable Professional Liability Insurance in an amount not less than One
Million Dollars ($1,000,000) per claim shall also be required, and a certified
copy of such policy or a certificate of insurance must be provided to the
Licensing Officer thirty (30) days’ prior to the issuance of the required
License and annually thereafter. (By-law No. 043-2009)
Page 28 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “B” TO BY–LAW NO. 111- 2004
Pawnbrokers
In addition to the other requirements of this By-law, the following regulations apply to
Pawnbrokers as defined in this By-law:
1.
Deleted per By-law No. 043-2009.
2.
Every Pawnbroker shall provide the Town with security in a form satisfactory
to the Treasurer, in the sum of $2,000.00 as required by the Pawnbrokers
Act, R.S.O. 1990, c. P.6, as amended.
3.
Every Applicant for a Pawnbrokers License under this By-law, shall, as part of
the application for such License:
4.
(i)
provide written approval from the Zoning Officer that the use of the
property is permitted under the Zoning By-law (this notice will not
be required for the renewal of a License);
(ii)
provide written confirmation from the Treasurer that he or she has
received the security described in section 2 of this Schedule.
Every Pawnbroker licensed under this By-law shall carry on his or her
business in accordance with the provisions of the Pawnbrokers Act, as
amended from time to time.
Page 29 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “C” TO BY-LAW No. 111- 2004
Transient Traders
In addition to the other requirements of this By-law, the following regulations apply to
Transient Traders as defined in this By-law:
1.
Deleted per By-law No. 043-2009.
2.
Classes of Transient Traders:
The following shall be the classes of Transient Traders under this By-law:
(i)
Class 1 – Day Sales
Shall include the sale of goods and/or the meting out or distribution of
goods, such as, but not limited to, flowers, foodstuffs, flags, publications,
and sundries for a one to three day period from one specific location
where the commercial use is permitted by the Zoning By-law, and
approved by the Licensing Officer. (By-law No. 043-2009)
(ii)
Class 2 – Seasonal Sales
Shall include temporary businesses such as, but not limited to,
gardening product sales and Christmas tree sales for one period of up to
three months from one specific location and may include the use of a
temporary structure such as a greenhouse or sales office where such
commercial use is permitted by the Zoning By-law, and approved by the
Licensing Officer.
(iii) Class 3 – Door to Door Sales
Shall include any person that conducts door-to-door solicitation and/or
sales.
(iv) Class 4 – Antique/Collectible Show
Shall include the exhibiting or offering for sale, and/or the meting out or
distribution, on a temporary basis, at one location, of antique or
collectible goods, wares or merchandise. (By-law No. 043-2009)
(v)
Class 5 – Craft Show
Shall include the exhibiting or offering for sale, and/or the meting out or
distribution of, on a temporary basis, at one location by crafts people,
goods, wares, or merchandise that they themselves have produced. (Bylaw No. 043-2009)
Page 30 of 70 of By-law No. 111-2004 (Consolidated)
(vi) Class 6 – Manufacturing Show
Shall include the exhibiting or offering for sale, and/or the meting out or
distribution of, on a temporary basis, at one location by several
manufacturers or distributors, goods, wares or merchandise which they
themselves have produced or manufactured or are distributing on behalf
of the producer or manufacturer; but excludes a consumer show open to
the public or a trade show open by invitation or registration only, the
primary purpose of which is the display of goods and products and not
direct sale of them and also excludes a consumer show or trade show
operating as an integral part of a convention or conference. (By-law No.
043-2009)
(vii) Class 7 – Flea Market
Shall include the exhibiting or offering for sale, and/or the meting out or
distribution of, on a temporary basis, at one location by vendors, a
variety of goods, wares or merchandise, but does not include a sale that
consists of one type of goods, wares or merchandise; and also does not
include a Flea Market that is in business on a permanent basis, as
permitted under the Zoning By-law. (By-law No. 043-2009)
(viii)
Class 8 – General
Shall include any Transient Trader not previously defined in Classes 1 to
7.
3.
For Class 1, 2, 3 and 8 Transient Traders, the person operating the business
shall obtain the necessary License(s) from the Licensing Officer.
4.
If the event organizer is a service club, the Executive Officer of the service
club shall ensure that necessary license(s) have been obtained. (By-law No.
043-2009)
5.
Every Applicant for a Transient Trader’s License, as part of the application for
such License shall:
(i)
furnish a statement in writing containing a full description of the goods,
wares or merchandise to be sold or offered for sale under this License.
The sale or keeping for sale of animals or birds by any vendor in a Flea
Market is prohibited; (By-law No. 043-2009)
Page 31 of 70 of By-law No. 111-2004 (Consolidated)
(ii)
provide written confirmation from the Zoning Officer, where applicable,
that the use of the property is permitted under the Zoning By-law;
(iii)
submit written permission for the use of the property from the property
owner, landlord or agent of the owner, before offering goods, wares or
merchandise for sale from privately owned lands;
(iv)
submit an accurate drawing of the location from which any goods,
wares, or merchandise will be hawked, peddled, or sold, where
applicable. This drawing shall include the location of all sidewalks,
driveways, edges of roads and parking areas, and shall be drawn to
the satisfaction of the Licensing Officer;
(v)
provide written confirmation from the Medical Officer of Health
approving the sale of foodstuffs, if applicable;
(vi)
each individual carrying on Door to Door Sales as described in section
2(iii) of this By-law shall provide a criminal records check to the
Licensing Officer. The Licensing Officer shall refuse to issue a License
if the Applicant has been convicted of any of the charges listed in
Schedule “K” or whether these convictions afford reasonable cause to
believe that the person will not operate a Door to Door Sales business
in accordance with the law or with honesty or integrity;
(vii)
Every applicant for a Transient Trader’s License where food will be
served shall procure a Broad Form Commercial General Liability policy
of insurance with respect to the operations in a form satisfactory to
Treasurer, endorsed to the effect that the Town through the Licensing
Officer shall be given at least ten (10) days’ notice in writing of any
cancellation.
Such policy shall be written with limits of no less than TWO MILLION
DOLLARS ($2,000,000) per occurrence and shall apply to all
operations of the Named Insured and include coverage for bodily injury
including death, broad form property damage, personal injury, products
and completed operations liability, blanket contractual liability,
contingent employer’s liability, non-owned automobile. It shall also
include cross liability and/or severability of interest clauses.
Page 32 of 70 of By-law No. 111-2004 (Consolidated)
A certified copy of such policy or certificate of insurance must be
provided to the Licensing Officer thirty (30) days’ prior to the issuance
of the required License and annually thereafter. (By-law No. 043-2008)
5.1.
Completed applications for Class 1, 2 and 3 Transient Traders licenses shall
be submitted to the Licensing Officer at least three (3) weeks prior to the first
day items are proposed to be offered for sale. (By-law No. 043-2008)
5.2.
Completed applications for Class 4, 5, 6, 7 and 8 Transient Traders Licenses
shall be submitted to the Licensing Officer at least thirty (30) days prior to the
event. (By-law No. 043-2008)
5.3.
For Class 4, 5, 6 and 7 Transient Traders, the event organizer shall provide
the Licensing Officer with a list of all vendors and vendors’ contact
information. The Licensing Officer shall ensure that all vendors, where
applicable, possess a valid Business License with the Town. (By-law No. 0432008)
5.4
If applicable, the Licensing Officer shall contact the vendor(s) and require that
the vendor(s) obtain a Business License. In the event the vendor fails to
obtain the necessary License, that vendor shall be prohibited from
participating in the Class 4, 5, 6 or 7 event. (By-law No. 043-2008)
6.
A License issued under Schedule “C” of this By-law is only applicable to the
items or types of items listed on the License and any change in the classes of
goods sold will require a new or separate Application.
7.
(i)
A Class 1 License shall expire on the date indicated on the License;
(ii)
A Class 2 License shall expire three (3) months after the date of issue,
as indicated on the License;
(iii) A Class 3 License shall expire one (1) week after the date of issue, as
indicated on the License;
(iv) A Class 4, Class 5, Class 6, Class 7, and Class 8 License shall expire
two weeks after the date of issue, as indicated on the License.
(v)
Notwithstanding section 7(i) to (iv) above, the Licensing Officer may
extend the term for all classes of Transient Trader licenses. (By-law No.
043-2008)
Page 33 of 70 of By-law No. 111-2004 (Consolidated)
8.
A separate Transient Trader License shall be obtained for each location from
which the goods, wares or merchandise is to be sold, and a Transient Trader
License will not be issued to one company or affiliated companies for more
than three (3) locations at one given time. (This section 8 does not apply to
Door to Door Sales).
9.
No person shall:
10.
(i)
hawk, peddle or sell any goods, wares or merchandise in any manner
as to impede or confine vehicular or pedestrian traffic;
(ii)
hawk, peddle or sell any goods, wares or merchandise in any location
that is within six (6) meters of any driveway, curb, entranceway or exit
point, or within fifteen (15) meters of any intersection. No goods,
wares or merchandise shall be hawked or peddled in a
public/municipally owned parking lot, except for Class 2 – Seasonal
Sales;
(iii)
hawk, peddle or sell any goods, wares or merchandise in a location
within the defined limits of the Downtown Business Improvement Area
as illustrated in Schedule “J” to this By-law;
(iv)
act or carry on the business of a Transient Trader on municipally
owned or leased lands or facilities;
(v)
fail to comply with all applicable regulations of the Fire Code and all
requirements of the Town of Milton Fire Department;
(vi)
fail to comply with the requirements of the Zoning By-law.
Schedule “C” does not apply to:
(i)
the sale of stock of a bankrupt or an insolvent, within the meaning of any
bankruptcy or insolvency Act in force in Ontario, nor to the sale of any
stock damaged by reason of fire, which is being sold or disposed of
within the municipality in which the business was being carried on at the
time of the bankruptcy, insolvency or fire, so long as no goods, wares or
merchandise are added to such stock; or
(ii)
the sale of a business to a purchaser who continues the business.
Page 34 of 70 of By-law No. 111-2004 (Consolidated)
11.
Only one (1) sign is permitted, having a maximum sign area of 3.0m2 per face
used in conjunction with Licensed Class 1 Day Sales or Licensed Class 2
Seasonal Sales is permitted. Such sign does not require a permit and shall
be a portable sign. A Transient Trader will abide by the Town of Milton Sign
By-law, and By-law No. 97-2000 prohibiting signs on road allowances, as
amended, or any successor by-law, and any other Town or Region of Halton
by-law prohibiting signs on road allowances.
12.
No License shall be required for hawking, peddling or selling goods, wares or
merchandise:
(i)
to wholesale or retail dealers in similar goods, wares or merchandise; or
(ii)
if the goods, wares or merchandise are grown or produced by a farmer
resident in Ontario who offers for sale or sells only the produce of his or
her own farm.
13.
Persons selling goods, wares or merchandise on behalf of a charitable or
non-profit organization requires a Transient Trader License, however, the
Licensing Officer on behalf of the Town, shall waive the licensing fee with
proof of charitable or non-profit status.
14.
All Transient Traders shall have a 5lb ABC fire extinguisher at their location
when a heat or fuel source is in use. (By-law No. 043-2009)
Page 35 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “D” TO BY-LAW NO. 111- 2004
Commercial Refreshment Vehicles
In addition to the other requirements of this By-law, the following regulations apply to
Commercial Refreshment Vehicles as defined in this By-law:
1.
Deleted per By-law No. 043-2009.
2.
For the purpose of this Schedule “D”:
(i)
“operate” when used in relation to a Commercial Refreshment Vehicle
shall mean to drive the said Vehicle and offer refreshments for sale;
(ii)
“public place” shall mean a place to which the general public is invited or
permitted access, whether or not for a fee;
(iii) “refreshment” shall include but is not limited to fruit, candy, sandwiches,
cakes, doughnuts, pies, peanuts, popcorn, hot dogs, hamburgers, french
fries, potato chips, ice cream, ice cream bars and cones, iced water, iced
milk, or any other ice confectionary or other food or drink;
(iv) “Town property” shall mean land and premises owned by the Town, but
does not include highways.
(v)
“Operator” when used in relation to a Commercial Refreshment Vehicle
shall mean the person who offers refreshments for sale and includes a
mobile or stationary vehicle. (By-law No. 129-2011)
(vi) “Operator Attendant” when used in relation to a Commercial Refreshment
Vehicle (CRV) shall mean the person who offers refreshments for sale
from a Class “D” (CRV) in conjunction with an Operator.
(By-law No. 129-2011)
3.
The Owner shall make an application for a CRV License under this By-law. In
the case where the operator does not own the vehicle to which a License
application is made, the application shall be a joint application by both the
owner and the operator of the CRV. (By-law No. 043-2009)
3.1
No person shall carry on or engage in the business of being an Operator or
Operator Attendant, unless the person has a valid License permitting the
person to do so.
(i) There shall be no fee charged to a person submitting an application to
carry on or engage in the business of being an Operator Attendant. (By-law
No. 129-2011)
Page 36 of 70 of By-law No. 111-2004 (Consolidated)
4.
No person shall be licensed as an Owner/Operator unless the person
provides to the Licensing Officer, as part of the application for such License:
(i)
the year and make of the CRV;
(ii)
details regarding insurance coverage on the CRV as required by
section 17 of this Schedule “D”;
(iii)
details regarding the food supplier used by the owner or operator of the
CRV;
(iv)
details regarding the number of hours the CRV is expected to be
operated in Milton, as well as the principle area of operation in Milton;
(v)
the original of a criminal records check for Class B and C Licenses if
deemed necessary by the Licensing Officer. Such criminal records
check shall be issued by the Halton Regional Police Service, or by
another Police Service, and shall be dated within sixty (60) days of the
date of the application for a CRV License under this By-law. The
Licensing Officer shall refuse to issue a License if the Applicant has
been convicted of any of the charges listed in Schedule “K” to this Bylaw, or where these convictions, if any, afford reasonable cause to
believe that the person will not operate the CRV business in
accordance with the law or with honesty or integrity;
(vi)
his or her original current driver’s abstract from the Ministry of
Transportation, if applicable, dated within sixty (60) days of the date of
the application for a CRV under this By-law. The Licensing Officer
shall refuse to issue a License if the Applicant has been convicted of
any of the charges listed in Schedule “K” of this By-law, or where the
driver’s abstract affords reasonable cause to believe that the person
will not operate a CRV in accordance with the law or with honesty or
integrity;
(vii)
upon the initial application and each subsequent renewal for a CRV
License, take the CRV in question for inspection by the Medical Officer
of Health. The Applicant shall attach to the License application the
inspection report/letter indicating that the Medical Officer of Health has
approved the CRV for the purpose of selling refreshments to the
general public. The inspection report/letter must be dated within the
last six (6) months prior to the date that the CRV License application or
renewal is presented to the Licensing Office (Notwithstanding the
foregoing, subsection 4(viii) of this Schedule “D” does not apply to
applications for a Class C CRV License);
(viii)
information regarding the use of propane appliances as required by
section 18 of this Schedule;
Page 37 of 70 of By-law No. 111-2004 (Consolidated)
(ix)
written approval from the Zoning Officer, where applicable, that the use
of any property to operate a CRV is permitted under the Zoning Bylaw;
(ix.1) written approval from the Chief Fire Official, where applicable, that fire
regulations are being complied with;
(ix.2) if the Owner/Operator is between 14 and 18 years of age, a copy of the
applicant’s birth certificate and/or written consent from the applicant’s
parent or guardian stating that he or she consents to the applicant
owing/operating a CRV. (By-law No. 043-2009)
4.1 As part of the licensing process, the Licensing Officer or Municipal Law
Enforcement Officer shall take a photograph of the CRV that the
Applicant intends to use to sell refreshments. The License issued by the
Town shall be issued only for the CRV depicted in the photograph. The
Applicant/Licensee shall not alter the CRV in any fashion without the
written approval of the Licensing Officer. (By-law No. 043-2009)
4.2 Every Owner shall require that all individuals who will be operating or offering
refreshments for sale at his or her CRV be properly licensed as a CRV
Operator or Operator Attendant prior to driving and/or operating or offering
refreshments for sale at the CRV. At no time shall an Owner allow a CRV
Operator to drive and/or operate the CRV without first confirming that the
individual has a valid CRV Operator’s license issued by the Licensing Officer.
The Operator or Operator Attendant shall carry the CRV Operator’s license on
his or her person at all times while operating or offering refreshments for sale at
the CRV, and shall produce the license when required by a Municipal Law
Enforcement Officer, the Licensing Officer or the Halton Regional Police
Service. (By-law No. 043-2009) & (By-law No. 129-2011)
4.2.1No person under 14 years of age shall be licensed as a CRV Operator or
Operator Attendant. (By-law No. 043-2009) & (By-law No. 129-2011)
4.3 No person shall be licensed as a CRV Operator or Operator Attendant
unless the person: (By-law No. 129-2011)
(i) holds, in his or her name, a current, valid Class “G” driver’s license
issued by the Province of Ontario, which is in good standing
according to the records of the Ministry of Transportation;
(ii) for Class B and C licenses, and Class D licenses at the discretion of
the Licensing Officer - provides to the Licensing Officer the original
of a criminal records check. The Licensing Officer shall refuse to
issue a License if the Applicant has been convicted of any of the
charges listed in Schedule “K” to this By-law, or where these
Page 38 of 70 of By-law No. 111-2004 (Consolidated)
convictions, if any, afford reasonable cause to believe that the
person will not operate the CRV in accordance with the law or with
honesty or integrity;
(iii) provides to the Licensing Officer his or her original current driver’s
abstract from the Ministry of Transportation, dated within sixty (60)
days of the date of the application for a Driver’s License under this
By-law. The Licensing Officer shall refuse to issue a License if the
Applicant has been convicted of any of the charges listed in
Schedule “K” to this By-law, or where the driver’s abstract affords
reasonable cause to believe that the person will not Operate the
Commercial Refreshment Vehicle in accordance with the law or with
honesty or integrity. (By-law No. 043-2009)
4.3.1 Notwithstanding section 4.3(i) to this By-law, if the Operator or
Operator Attendant is between 14 and 18 years of age, and does not
hold in his or her name, a current, valid Class “G” driver’s license
issued by the Province of Ontario, the applicant shall provide the
Licensing Officer with a copy of the his or her birth certificate and/or
written consent from his or her parent or guardian stating that he or
she consents to the applicant operating a CRV. (By-law No. 043-2009) &
(By-law No. 129-2011)
5.
A CRV License may be issued, restricted to one or more of the following
classifications:
Class A: A CRV from which refreshments sold are prepared in a commissary
or a place other than the CRV (includes catering trucks).
Class B: A CRV that is exclusively a vendor of factory pre-packaged frozen
products (includes ice cream trucks).
Class C: A CRV that is non-motorized and does not require a health
certificate from the Medical Officer of Health because it is
exclusively a vendor of factory pre-packaged frozen products
(includes ice cream bikes, yoghurt and juice carts).
Class D: A CRV from which any refreshments offered are prepared or
apportioned at the CRV (hot dog carts, chip trucks), and/or vehicles
containing portable cooking facilities such as a barbeque.
Class E: A CRV that is used for charitable or non-profit functions only. (By-law
No. 043-2009)
Page 39 of 70 of By-law No. 111-2004 (Consolidated)
6.
An Applicant who applies for a Class D Commercial Refreshment License,
shall, if required, enter into a Site Plan Agreement with the Town. If the
Director of Planning and Development states that a Site Plan Agreement is
not required, the Applicant shall provide written confirmation from that
Director stating that such Agreement is not required. If a Site Plan
Agreement is required, at the time of application for a Commercial
Refreshment License, the Applicant shall provide proof that the Agreement
has been registered on title to the lands where the Class D Commercial
Refreshment Vehicle is to be located.
7.
Every operator, driver of or assistant in a Commercial Refreshment Vehicle
from which refreshments are sold for consumption by the public shall observe
and comply with the following regulations or cause the same to be observed
and complied with:
(i)
the Commercial Refreshment Vehicle from which the refreshments are
sold, shall be of a type approved by the Licensing Officer, a Municipal
Law Enforcement Officer, or the Medical Officer of Health;
(ii)
all condiments, milk, cream and sugar shall be dispensed from
containers approved by the Licensing Officer, the Medical Officer of
Health, or a Municipal Law Enforcement Officer;
(iii) only single-service disposable cups, plates, containers, forks, spoons
and serviettes provided in dispensers or individually wrapped shall be
used in the sale of all refreshments;
(iv) every person selling or handling refreshments shall wear clean clothes,
be clean and neat in appearance, and have clean hands;
(v)
the Commercial Refreshment Vehicle and all parts and equipment
thereof for use in the dispensing of refreshments shall at all times be
kept in a clean and sanitary condition and in good repair;
(vi) all milk sold from the Commercial Refreshment Vehicle shall be kept in
dry storage at a temperature no higher than 5 degrees Celsius and shall
be sold only in individual disposable containers;
(vii) all sandwiches, cakes, doughnuts, pies and other similar foods shall be
wrapped and sold in individual servings;
(viii) the date of preparation shall be clearly and legibly marked as such on or
affixed to the wrapper of all sandwiches sold from the Commercial
Refreshment Vehicle;
Page 40 of 70 of By-law No. 111-2004 (Consolidated)
(ix) no prepared foods other than those kept in unopened cans shall be sold
more than twenty-four (24) hours after their preparation;
(x)
the Commercial Refreshment Vehicle shall be equipped so as to
maintain hot, prepared foods at a temperature of not less than 66
degrees Celsius, and such foods shall be kept so heated; and
(xi) all refreshments sold from the Commercial Refreshment Vehicle shall be
clean, fresh and in a wholesome state suitable for human consumption.
8.
Deleted per By-law No. 043-2009.
9.
No person to whom this Schedule relates shall sell, permit or offer for sale
any refreshments not prepared, assembled and wrapped under conditions
complying with the requirements of the Medical Officer of Health.
10.
Every Licensee to which this Schedule relates shall comply with, or cause to
be complied with, the following regulations:
(i)
the body, doors and windows of such Commercial Refreshment Vehicle
shall be of sufficiently sound construction to provide reasonable
protection against dust, dirt, flies and other injurious or unhealthy matter
or things;
(iv) the floor of such vehicle shall be of a suitable impervious material, free of
holes, cracks or crevices, and the surface thereof shall be readily
washable and shall be kept clean and in good condition;
(iii) the Commercial Refreshment Vehicle shall have painted in a contrasting
colour on both side panels in letters and figures at least 10 centimeters
high, the name and business telephone number of the Licensee thereof;
(iv) the Commercial Refreshment Vehicle shall be equipped with either:
11.
(a)
a metal refuse container with a self-closing lid which shall be kept
at all times in a clean and sanitary condition and emptied at least
once daily; or
(b)
a disposable litter container, which shall be replaced daily; and
such containers shall be used for the disposal of all refuse.
Every Licensee shall take out a separate License for each Commercial
Refreshment Vehicle operated by him or her, and the plate issued in respect
of such License shall be securely affixed to the rear of the Vehicle, or in a
location designated by the Licensing Officer or a Municipal Law Enforcement
Officer.
Page 41 of 70 of By-law No. 111-2004 (Consolidated)
12.
Before a new License is issued, the Licensee must return the previous year’s
plate to the Licensing Officer.
13.
Every Licensee shall keep a list of drivers/operators or Operator Attendants of
Commercial Refreshment Vehicles Licensed under this Schedule. The list
shall include the name, address, telephone number and age of the
driver/operator, and in the case of drivers/operators of motorized vehicles, the
driver’s/operator’s Provincial driver’s license number. The list shall cross
reference the Commercial Refreshment Vehicle license plate number issued
by the Town with each driver/operator of the Commercial Refreshment
Vehicle. A current list shall be kept by the Licensee and shall be produced
upon the request of any officer or employee of the Town, the Region of Halton
or the Halton Regional Police Service. (By-law No. 129-2011)
14.
Every owner of a Commercial Refreshment Vehicle shall, whenever required
to do so by the Licensing Officer or Municipal Law Enforcement Officer, bring
such Vehicle to any person designated by the Licensing Officer or a Municipal
Law Enforcement Officer to inspect the same, at the place and time indicated
by the Licensing Officer or Municipal Law Enforcement Officer.
15.
No refreshments shall be sold from a Commercial Refreshment Vehicle
drawn by an animal.
16.
Every Licensee of a Commercial Refreshment Vehicle to which this Schedule
relates shall:
(i)
at the time he or she receives his or her License, specify in writing to the
Licensing Officer the source of supply of all refreshments to be sold from
the Commercial Refreshment Vehicle;
(ii)
notify the Licensing Officer in writing forthwith of any change in such
source of supply;
(iii) refrain from selling, offering or permitting to be sold from the Commercial
Refreshment Vehicle any refreshments from a source of supply other
than that specified by him or her in writing to the Licensing Officer.
17.
Every Applicant and Licensee of a CRV shall procure a Broad Form
Commercial General Liability policy of insurance with respect to the operation
of the CRV in a form satisfactory to the Treasurer, endorsed to the effect that
the Town, through the Licensing Officer shall be given at least ten (10) days’
notice in writing of any cancellation.
Page 42 of 70 of By-law No. 111-2004 (Consolidated)
Such policy shall be written with limits of no less than TWO MILLION
DOLLARS ($2,000,000) per occurrence and shall apply to all operations of
the Named Insured and include coverage for bodily injury including death,
broad form property damage, personal injury, products and completed
operations liability, blanket contractual liability, contingent employer’s liability,
non-owned automobile. It shall also include cross liability and/or severability
of interest clauses.
A certified copy of the policy or certificate of insurance must be provided to
the Licensing Officer thirty (30) days’ prior to the issuance of the required
License and annually thereafter. (By-law No. 043-2009)
18.
Applications for Commercial Refreshment Vehicles with propane appliances,
must include at the time of License application:
(i)
vehicle ownership;
(ii)
a copy of a propane safety check certificate issued by a licensed
propane fitter;
(iii) the type and number of propane appliances installed at the time of the
safety check;
(iv) written confirmation from the Fire Chief confirming that the Refreshment
Vehicle(s) meets the requirements of the Fire Department.
19.
Every Commercial Refreshment Vehicle equipped with a heater shall also be
equipped with a 5lb all purpose fire extinguisher.
20.
All Commercial Refreshment Vehicles with propane appliances must comply
with Fire Department regulations for the operation of such appliances.
21.
No person shall sell refreshments within 100 metres of the entrance or exit to
any school grounds or public parks, or within 15 meters of an intersection or a
bus stop, or within 30 meters of any school ground or public park. No person
shall sell refreshments within 1 meter of any driveway, or 6 meters of any
entranceway, or exit point. No person shall sell refreshments from areas
designated as parking spaces, unless there is sufficient parking in the area
beyond the requirements of the Zoning By-law. No person shall sell
refreshments from any landscaped area, untravelled area of a road allowance
or in any location that will impede the flow of vehicular or pedestrian traffic.
All persons selling refreshments shall abide by posted parking regulations in a
commercial or industrial area.
Page 43 of 70 of By-law No. 111-2004 (Consolidated)
22.
No designated parking space within the road allowance shall be used to sell
refreshments.
23.
No person shall stop any Commercial Refreshment Vehicle to sell
refreshments on the travelled portion of a highway. For the purpose of
stopping off the travelled portion of a highway to sell refreshments while
servicing a construction site or work crew, in no case shall the duration of
such stop exceed 15 minutes.
24.
Every Licensee and every operator of a Commercial Refreshment Vehicle
that remains in any location for a period exceeding 15 minutes shall:
(i) submit an accurate drawing of the location for selling refreshments to the
Zoning Officer at the time of application for zoning approval, and the
selling of the refreshments may be from the approved location only; and
(ii) provide written permission from the property owner, clearly identifying the
location and the zoning of the property. This written permission shall be
kept with the Commerical Refreshment Vehicle and produced at the
request of the Licensing Officer, a Police Officer, or a Municipal Law
Enforcement Officer.
25.
No person shall solicit business to a Commercial Refreshment Vehicle
through the use of any noise-making device in a manner likely to disturb
inhabitants, and shall comply with the requirements of the Town’s Noise Bylaw.
26.
No vehicle shall be operated on Town property or Regional property for the
purpose of soliciting, offering for sale or selling food or refreshments.
26.1
Notwithstanding section 26 of Schedule “D”, the Director of Community
Services may request that a CRV operate on Town property. The Applicant
shall provide the Licensing Officer with the written request from the Director of
Community Services, and written confirmation from the Treasurer that the
Applicant has procured a Broad Form Commercial General Liability policy of
insurance with respect to the operations in a form satisfactory to Treasurer,
endorsed to the effect that the Town through the Licensing Officer, shall be
given at least ten (10) days’ notice in writing of any cancellation.
Such policy shall be written with limits of no less than TWO MILLION
DOLLARS ($2,000,000) per occurrence and shall apply to all operations of
the Named Insured and include coverage for bodily injury including death,
broad form property damage, personal injury, products and completed
operations liability, blanket contractual liability, contingent employer’s liability,
non-owned automobile. It shall also include cross liability and/or severability
of interest clauses.
Page 44 of 70 of By-law No. 111-2004 (Consolidated)
A certified copy of the policy or certificate of insurance must be provided to
the Licensing Officer thirty (30) days’ prior to the issuance of the required
License and if applicable annually thereafter. (By-law No. 043-2009)
27.
Every Licensee and every operator of a Commercial Refreshment Vehicle to
which a Class A License has been issued shall be restricted to areas zoned
as industrial or commercial and to workers on construction projects in any
zone.
28.
Every Licensee and every operator of a Commercial Refreshment Vehicle to
which a Class D License has been issued shall be restricted to areas where
the Zoning By-law permits the retail sale of food.
29.
Only one (1) Licensed vendor of refreshments shall be permitted per location,
property, or premises.
29.1
Applicants for a Class E CRV License shall provide the Licensing Officer with:
(i)
a list of locations where the Class E CRV will be operated;
(ii)
written confirmation from the Medical Officer of Health that all
necessary inspections of the Class E CRV have been completed;
(iii)
a list of types of food to be sold. No items, other than food, are
permitted to be sold by a Class E CRV;
(iv)
written permission from the property owner, if applicable;
(v)
written approval from the Zoning Officer, if applicable;
(vi)
such other information as required by this By-law. (By-law No. 043-2009)
30.
On Application for a Commercial Refreshment Vehicle License by a charitable
or non-profit organization, the Licensing Officer or Council may waive the
payment of the License fee required pursuant to this By-law. The charitable
or non-profit organization shall be required to prove its status to the
satisfaction of the Licensing Officer.
31.
Deleted per By-law No. 043-2009.
32.
All Class A and Class B CRVs shall be equipped with a properly maintained
and operational audible sound-emitting warning device which is activated
when the vehicle is operating in reverse. (By-law No. 043-2009)
33.
Notwithstanding section 32, by the 2011 licensing term, all Class A and Class
B CRVs licensed as of the date of passing of this By-law shall be equipped
with a properly maintained and operational audible sound-emitting warning
device which is activated when the vehicle is operating in reverse. (By-law No.
043-2009)
Page 45 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “E” TO BY-LAW NO. 111- 2004
Auctioneers
In addition to the other requirements of this By-law, the following regulations apply to
Auctioneers as defined in this By-law:
1.
Deleted per By-law No. 043-2009.
2.
Every person who intends to hold an auction in the Town shall obtain a
License, or, if necessary, renew his or her License prior to holding the sale.
3.
The owner of the premises or land where the auction is being held must
ensure that the Auctioneer holding the auction is licensed by the Town under
this By-law.
4.
Every person who engages in the business of an Auctioneer shall, at the
place of each auction, prominently display his or her name and business
address and shall, in all public advertisements of any nature used in the
course of such business, include his or her name, business address and
Milton business License number in the advertisement.
5.
Every Auctioneer shall keep proper books of account, written in the English
language, of the business transacted by him or her as an Auctioneer, which
books shall:
(i)
Deleted per By-law No. 043-2009;
(ii) the description of the goods, wares or merchandise to be sold (By-law No.
043-2009);
(iii) the price for which the same are sold;
(iv) Deleted per By-law No. 043-2009,
and the Auctioneer shall forthwith, after the sale of the goods, wares or
merchandise, or any portion thereof, account for the proceeds and pay the
same to the person or persons entitled to such proceeds, less the
Auctioneer’s proper and legal commissions and charges. He or she shall, in
case no sale is made of such goods, on payment of his or her proper costs
and charges, return such goods to the person or persons entitled to receive
the same on proper demand being made therefor, provided that this section
shall not in any way affect or invalidate the claim of any Auctioneer for goods
warehoused with him or her, and on which he or she shall have made
advances.
Page 46 of 70 of By-law No. 111-2004 (Consolidated)
All books of accounts kept by the Auctioneer hereunder shall be open at all
times during reasonable hours to the inspection of the Licensing Officer, a
Municipal Law Enforcement Officer and/or the Halton Regional Police
Service.
6.
No Auctioneer shall:
(i)
permit any disorder in his or her auction room or offices;
(ii)
conduct or permit to be conducted any mock auctions;
(iii) knowingly make or permit to be made any misrepresentation as to the
nature, content, quantity or value of any goods, wares, merchandise or
effects which may be offered for sale by him or her;
(iv) give away articles or sell them for nominal amounts for the purpose of
stimulating bidding;
(v)
do any act that is calculated to or which may reasonably have the effect
of confusing a purchaser as to the amount he or she pays for any
article(s);
(vi) avail himself or herself of the services of, or act in concert with, persons
known in the trade as “beaters”, “boosters” or “shills” for the purpose of
raising or stimulating bids; and
(vii) sell or put up for sale by auction any goods, wares, merchandise or
effects on a reserve-bid basis without first having announced clearly to
those in attendance at the auction the fact of such reserve bid.
7.
No refund of License fees or reduction in License fees for part of the year
shall be allowed.
8.
No Auctioneer shall conduct a sale on Town highways or on Town property
without the written permission of the Director of Community Services.
9.
Nothing in this By-law shall apply to a sheriff or bailiff offering goods or
chattels for sale that are seized under an execution or distrained for rent.
Page 47 of 70 of By-law No. 111-2004 (Consolidated)
10.
No Auctioneer shall dispose of, by auction, the stock in trade of a merchant
except for the purpose of closing out an enterprise in which the owner has
been engaged continuously for a period of not less than one (1) year. No
Auctioneer shall conduct such sale for more than one (1) day for every year
that the owner has carried on the same enterprise continuously and in no
case shall the period exceed six (6) days. No goods, wares or merchandise
shall be added to the stock of such owner for the purpose of sale by auction.
11.
No Auctioneer shall use any sound equipment, loudspeaker or similar device
emitting sound to a highway or adjacent lands.
Page 48 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “F” TO BY-LAW NO 111- 2004
Salvage Yards
In addition to the other requirements of this By-law, the following regulations apply to
Salvage Yards as defined in this By-law:
1.
Deleted per By-law No. 043-2009.
2.
For the purpose of this Schedule “F”:
(i)
“Fence” shall mean a structure of either metal or wood. The metal or
wood used must be specifically intended for use as fencing, and such
fencing shall be constructed in a way to fully obscure the Salvage Yard
from view. Such fence shall be constructed to a height of between 2.43
metres and 3.0 metres, and constructed to discourage entry. The fence
shall have gateways with a clear width of at least 3.5 m and shall be high
enough to permit the entry of Fire Department vehicles. The gateways
shall be kept clear of obstructions so that the gates may be opened fully
at all times, and shall be locked when the Salvage Yard is not staffed;
(ii)
“Holiday” shall mean “holiday” as defined in the Retail Business Holidays
Act, R.S.O. 1990. c. R.30, as amended;
(iii) “Off-Street Parking” shall mean the parking of a motor vehicle licensed
for the current year on the lands of the Salvage Yard but outside of the
Fenced area of the Salvage Yard, during the hours when a Salvage Yard
may be operated;
3.
No person shall operate a Salvage Yard, or permit a Salvage Yard to be
operated other than in those areas that are designated for such use under the
Zoning By-law.
4.
An Applicant who applies for a Salvage Yard License, shall, if required, by the
Director of Planning and Development, enter into a Site Plan Agreement with
the Town. If the Director states that a Site Plan Agreement is not required,
the Applicant shall provide written confirmation from the Director of Planning
and Development stating that such Agreement is not required. If a Site Plan
Agreement is required, at the time of application for a Salvage Yard License,
the Applicant shall provide proof that the Agreement has been registered on
title to the lands where the Salvage Yard is to be located.
Page 49 of 70 of By-law No. 111-2004 (Consolidated)
5.
No Salvage Yard Licence shall be issued or renewed until the property to be
Licensed has been inspected by the Fire Chief, a Municipal Law Enforcement
Officer, the Licensing Officer or other Town employee and found to meet the
following requirements:
(i)
the area to be used as a Salvage Yard shall be fenced so that the
portion fronting a highway shall be enclosed by a Fence as described in
section 2(i) of this Schedule “F” and the side yards that do not abut a
highway shall be enclosed by a Fence as described in section 2(i) for a
distance of two-thirds of the depth of the property, measured from the
front of the property. The remainder of the property shall be fenced to
discourage entry, and chain link and/or metal or wood fencing as
described in section 2(i) may be used to fence this portion of the
property;
(ii)
the Fence enclosing the Salvage Yard shall not be located closer than
7.62 m from the nearest highway;
(iii) Off-Street Parking shall be provided in accordance with s.2(iii) of this
Schedule “F” and as required by the Site Plan Agreement, if any, and
any other applicable law;
(iv) all requirements of the Fire Code and the Town of Milton Fire
Department.
6.
No salvage material shall be placed in a Salvage Yard so as to have a higher
elevation than any point on the Fence surrounding the Salvage Yard.
7.
Any salvage material whatsoever stored, placed or deposited outside the
Fence by any person, including the owner of the property, Licensee or
employee of a Salvage Yard, shall be removed immediately from the area
outside the Fence by the Licensee, or, in the event the Salvage Yard is
closed at the time, immediately upon opening the Salvage Yard to the general
public.
8.
No Salvage Yard shall transact any sale or be open for business to the
general public except between the hours of 7:00 a.m. and 9:00 p.m., Monday
through Saturday. The Licensee and the owner of the property shall ensure
that all provisions of the Town’s Noise By-law are complied with.
Page 50 of 70 of By-law No. 111-2004 (Consolidated)
9.
The Licensee shall maintain an up to date register, entered in the English
language, with consecutively numbered pages, recording the details of all
sales and purchases, including:
(i)
Deleted per By-law No. 043-2009;
(ii)
the make, model and serial number of the item;
(iii)
the amount paid or received; and
(iv)
the date and time of the transaction.
The register that is required to be kept by the Highway Traffic Act, as
amended, for the buying, selling, wrecking or otherwise dealing in second
hand motor vehicles, trailers or bicycles shall be sufficient to meet the
requirements of section 9 of this By-law respecting the sale and/or purchase
of second hand motor vehicles, trailers or bicycles. The buying, selling or
otherwise dealing in items or goods other than motor vehicles, trailers or
bicycles must be recorded in a register as described in section 9 of this Bylaw.
Said register shall be in electronic or paper format and the Licensee shall
retain said register for the current year and the previous year. The Licensee
shall produce the register for inspection upon the request of the Licensing
Officer, a Municipal Law Enforcement Officer, or a Police Officer.
10.
The Licensee shall provide the Licensing Officer, a Fire Official, a Police
Officer, or a Municipal Law Enforcement Officer with access to the Salvage
Yard at any time for inspections respecting compliance with this By-law.
11.
Every accessory building, structure or Fence and every part thereof shall be
kept in good repair and free from safety, fire and accident hazards and be
maintained in a structurally sound condition, so as to be capable of sustaining
its own weight, together with any load to which it might reasonably be subject.
12.
The Licensee or his or her employees shall notify staff at the nearest police
station, or a Police Officer, the Licensing Officer or a Municipal Law
Enforcement Officer of the name and description of any person who offers the
Licensee or his or her employees goods or articles of any kind which the
Licensee or his or her employees has cause to believe may have been stolen
or unlawfully obtained.
Page 51 of 70 of By-law No. 111-2004 (Consolidated)
13.
No Licensee or his or her employees shall purchase, take in exchange or
receive any goods or articles from any person actually or apparently under
sixteen (16) years of age or from any person who appears to be under the
influence of drugs or alcohol.
Page 52 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “G” TO BY-LAW NO. 111- 2004
Deleted per By-law No. 063-2014
Page 53 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “H” TO BY-LAW NO. 111- 2004
Relating to a Place Where Foodstuffs Intended for Human Consumption
are Made for Sale, Offered for Sale, Stored or Sold and the Carrying on
of a Business of an Eating Establishment or a Place for the Lodging,
Reception, Refreshment or Entertainment of the Public.
In addition to the other requirements of this By-law, the following regulations apply to
the sale of Foodstuffs as defined in this By-law:
1.
Deleted per By-law No. 043-2009
2.
For the purpose of this Schedule “H’:
3.
(i)
"equipment” includes, but is not limited to, counters, slabs, fittings,
apparatus, stoves, appliances, utensils, pots and pans, crockery and
cutlery;
(ii)
"food premises" shall mean a premises where food is manufactured,
processed, prepared, stored, handled, displayed, distributed,
transported, sold or offered for sale, but does not include a private
residence;
(iii)
“food room” shall mean a room in a food premises where food is
manufactured, processed, prepared, stored, handled, displayed,
distributed, transported, sold or offered for sale;
(iv)
“infestation” shall mean the overrunning of a premises by vermin,
rodents and insects.
Every application for a License under this Schedule shall be accompanied by
(i)
(ii)
a clear health inspection report from the Medical Officer of Health,
dated within the last six (6) months prior to the date that the Food
Business License application or renewal is presented to the Licensing
Officer;
written approval from the Zoning Officer, if applicable; (By-law No. 0432009)
3.1
Every applicant with respect to operation of the food business shall procure a
Broad Form Commercial General Liability policy of insurance with respect to
the operations in a form satisfactory to Treasurer, endorsed to the effect that
the Town through the Licensing Officer, shall be given at least ten (10) days’
notice in writing of any cancellation.
Page 54 of 70 of By-law No. 111-2004 (Consolidated)
Such policy shall be written with limits of no less than TWO MILLION
DOLLARS ($2,000,000) per occurrence and shall apply to all operations of
the Named Insured and include coverage for bodily injury including death,
broad form property damage, personal injury, products and completed
operations liability, blanket contractual liability, contingent employer’s liability,
non-owned automobile. It shall also include cross liability and/or severability
of interest clauses.
A certified copy of such policy or a certificate of insurance must be provided
to the Licensing Officer thirty (30) days’ prior to the issuance of the required
License and annually thereafter. (By-law No. 043-2009)
4.
The Licensing Officer, a Municipal Law Enforcement Officer, a Police Officer,
and the Medical Officer of Health may inspect all food premises to which this
Schedule “H” applies.
5.
No Food Business shall be carried on in or at any unsanitary food premises or
in any food premises the use of which, because of the situation, construction
or condition thereof, exposes the food to the risk of contamination.
6.
Suitable sanitary conveniences shall be provided for every Food Business
and every sanitary convenience situated in or upon any food premises:
(i)
shall be kept clean and in efficient order;
(ii)
shall be so placed that no offensive odours therefrom can penetrate into
any food room;
(iii) shall be suitably and sufficiently lighted and ventilated.
7.
No sanitary convenience shall have direct access to any food room.
8.
Suitable and efficient means of lighting shall be provided in every food room
and every such food room shall be suitably and sufficiently lighted.
9.
Except in the case of humidity-controlled or temperature-controlled chambers,
suitable and sufficient means of ventilation shall be provided in every food
room, and suitable and sufficient ventilation shall be maintained therein.
10.
No food room shall be used as a sleeping place.
11.
Any person operating a Food Business shall take suitable precautions to
prevent infestation of the premises by rodents, insects, and vermin.
12.
Any person operating a Food Business shall not cause a nuisance by way of
offensive and/or obnoxious dust and fumes.
Page 55 of 70 of By-law No. 111-2004 (Consolidated)
13.
All sewage and wastewater shall be discharged to a means of disposal
approved by the Medical Officer of Health.
14.
Any Food Business shall be provided with a supply of water adequate for
efficient operation, the quality of which is satisfactory to the Medical Officer of
Health.
15.
Suitable and sufficient hand washing facilities for the use of all persons
engaged in the handling of food on or about the food premises shall be
provided and maintained in a position conveniently accessible to such
persons.
16.
An adequate supply of hot and cold water shall be provided and maintained
for hand washing facilities in a food premises.
17.
At or near such hand washing facilities shall be provided and maintained for
the use of the persons engaged in the handling of food on or about the food
premises, adequate supplies of soap or other suitable detergent, nail brushes,
and clean towels or other suitable drying facilities, which shall be used by
such persons only for securing personal cleanliness.
18.
All such hand washing facilities shall be kept clean.
19.
Suitable and sufficient bandages, dressings and antiseptic for first aid
treatment shall be provided and maintained in all food premises, in a readily
accessible position.
20.
Except where adequate provision is made elsewhere than in a food room,
suitable and sufficient cupboard or locker accommodation shall be provided
and maintained in all food premises for clothing and footwear not worn during
working hours of all persons engaged in the handling of food.
21.
No refuse or filth, whether solid or liquid, shall be deposited or allowed to
accumulate in a food room except so far as may be unavoidable for the
proper carrying on of the business.
22.
Suitable storage facilities and garbage containers shall be provided for refuse
from any food business and the refuse shall be removed on a regular basis.
23.
Individuals who have a valid Town food business license, issued under this
By-law, may apply to the Licensing Officer, at least three (3) weeks prior to
the extension, to temporarily extend their food service outdoors, for a
maximum of two (2) days, at their existing business location as noted on the
food license. (By-law No. 043-2009)
Page 56 of 70 of By-law No. 111-2004 (Consolidated)
24.
Owners requesting an extension to their existing food license shall notify the
following individuals and/or agencies:
(i)
the Medical Officer of Health, Chief Fire Official, Alcohol and Gaming
Commission, if alcohol is being served, and the Zoning Officer of their
intention to extend their license;
(ii) the property owner, if applicable;
(iii) the Building Department if a tent or other structure is to be used. (By-law
No. 043-2009)
Page 57 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “I” TO BY-LAW NO. 111 - 2004
Kennels
In addition to the other requirements of this By-law, the following regulations apply to
Kennels as defined in this By-law.
1.
Deleted per By-law No. 043-2009.
2.
In this Schedule “I”:
(i)
“Dog Tag” shall mean a disc or other shape of metal or plastic
furnished by the Town in connection with the licensing and
registering of a dog, which tag shall demonstrate that the dog has
been licensed and registered with the Town;
(ii)
“Dwelling Unit” shall mean a room or rooms in which a kitchen,
living quarters and sanitary conveniences are provided for the
exclusive use of the residents and with a private entrance from
outside the building or from a common hallway or stairway inside;
(iii)
“Kennel Operator” shall mean any person who owns, operates,
manages, controls or supervises any Kennel within the Town;
(iv)
“Veterinary Clinic” shall mean a premises where animals or pets
are given medical or surgical treatment, within which there may be
shelter facilities provided for overnight medical treatment, but shall
not include a Kennel;
(v)
“Veterinary Hospital” shall mean a premises where animals or pets
are given medical or surgical treatment, within which there may be
shelter facilities provided for overnight or long-term medical
treatment and may include accessory boarding facilities, but shall
not include a Kennel.
3.
No person shall keep more than three (3) dogs over twelve (12) weeks of age
or five (5) cats over the age of six (6) weeks unless a Kennel License is
obtained from the Town under this By-law.
4.
Any business where the principal or accessory use is a Kennel must obtain a
Kennel License.
Page 58 of 70 of By-law No. 111-2004 (Consolidated)
5.
Each Application for a Kennel License shall be made on the form provided by
the Licensing Officer and shall be accompanied by the following information:
(i)
a detailed drawing of the property showing the location of the Kennel in
relation to the Dwelling Unit, dog runs, fencing, and other buildings on
the property;
(ii)
a letter of compliance from the Zoning Officer stating that all provisions
of the Zoning By-law have been complied with (Notwithstanding the
foregoing, this subsection 5(ii) does not apply to applications to renew a
Kennel License);
(iii) written confirmation from the Medical Officer of Health that the Kennel
meets all requirements of the Halton Region Health Department, and all
applicable health regulations. Written confirmation from the Medical
Officer of Health shall be only required for an Application for renewal of a
License when directed by the Licensing Officer or an Animal Control
Officer;
(iv) written permission from the registered owner of the lands where the
Kennel is located, if the Applicant is not the owner of the lands,
confirming that such registered owner permits the Kennel use;
(v)
payment of the applicable fee as prescribed in the Town’s User Fee Bylaw, as amended from time to time.
6.
Notwithstanding section 5 of this Schedule “I”, the renewal of a Kennel
License shall be made on the form provided by the Licensing Officer and shall
be accompanied by the appropriate fee as prescribed in the Town’s User Fee
By-law, as amended from time to time.
7.
Before a Kennel License will be issued or renewed, an Animal Control Officer
shall inspect the Kennel.
8.
Before issuing a Kennel License or a renewal of a Kennel License, the
Licensing Officer shall contact Animal Control Officers to ensure that there
are no convictions for cruelty to animals against the Applicant. A conviction
for cruelty to animals is grounds to refuse to issue, renew or to revoke or
suspend a Kennel License.
9.
Owners of dogs used in a law enforcement role by the Halton Regional Police
Service, the Ontario Provincial Police, the Royal Canadian Mounted Police,
the Canadian Military, or any other public law enforcement agency are not
required to obtain a Kennel License from the Town.
Page 59 of 70 of By-law No. 111-2004 (Consolidated)
10.
The location of the Kennel shall conform to the provisions of the Zoning Bylaw. Specifically, Kennels are permitted only on a lot having an area of
greater than 4.0 hectares and provided that it is setback a minimum of 80
metres from any front lot line and 100 metres from any side lot line. Kennels
are only permitted on a lot with an existing detached dwelling and must be
operated by a resident of the dwelling. Kennels licensed as of the date of
passing of this By-law shall be exempt from these requirements. (By-law No.
043-2009)
11.
The building in which the Kennel is operated shall:
(i)
be separated and enclosed and shall not be attached to a Dwelling Unit
or any other building which is or can be used for human habitation;
(ii)
conform to the Building Code Act and the Ontario Fire Code, as well as
any other applicable law, and be maintained in such a manner as to be
free from damage;
(iii) have a floor of concrete or other impermeable material and such floor
shall be thoroughly cleaned daily, or more often if necessary; (By-law No.
043-2009)
(iv) be maintained in a sanitary, well ventilated, clean condition and free from
offensive odours;
(v)
(vi)
have proper climate control;
have electric lighting;
i. have hot and cold running water;
ii. have a food preparation area.
12.
All animals shall:
(i)
be kept in adequately sized cages to allow the animal to extend its legs
to their full extent, stand or sit, turn around or lie down in a fully extended
position, and all cages are to be constructed solely of metal, wire or
impermeable concrete block;
(ii)
be kept in sanitary, well-bedded, well-ventilated, clean quarters and such
quarters shall be maintained and kept at a healthy temperature at all
times;
(iii) be adequately fed and watered, periodically each day and kept in a
clean, healthy condition, free from vermin and disease.
Page 60 of 70 of By-law No. 111-2004 (Consolidated)
13.
Every Kennel Operator shall:
(i)
ensure that competent and experienced Kennel staff or attendants are
on duty for a minimum of eight (8) hours in every twenty-four (24) hour
period, including weekends;
(ii)
record, in the English language, the names and addresses of the
owners of all animals cared for at the Kennel;
(iii)
record the dates of arrival and departure of all animals cared for at the
Kennel;
(iv)
produce breeding records when requested to do so by the Licensing
Officer or an Animal Control Officer.
(v)
where clipping and grooming service is performed, such clipping and
grooming shall be carried out in the Kennel building only.
(vi)
no Kennel Operator shall permit the operation to become a nuisance
by reason of noise that disturbs residents, including the barking of
dogs.
(vii)
the Licensing Officer or an Animal Control Officer may at any
reasonable time enter a Kennel and inspect to ensure compliance with
this By-law.
(viii)
Where animal runs are permitted under the Zoning By-law as part of a
Kennel:
(a)
no Kennel Operator shall permit a dog to utilize the runs between
the hours of 8:00 p.m. and 9:00 a.m., except during supervised
exercise periods, at which time the Kennel Operator or Kennel
staff shall be in direct control of the dog;
(b) the perimeter of the animal run shall be enclosed by a closed
board fence, having a minimum height of 2 meters (6 feet), and
shall be constructed around such area, and shall be deemed part
of the Kennel for the purposes of this By-law.
Page 61 of 70 of By-law No. 111-2004 (Consolidated)
(c) notwithstanding subsection 13(viii)(b), the perimeter of the animal
run in a Kennel business existing prior to the date of the passage
of this By-law may be enclosed by a chain link fence, if such
fence was in place prior to the passage of this By-law. However,
a closed board fence, having a maximum height of 2 metres (6
feet) may be required by the Town to be constructed around the
perimeter of the animal run if or when the Kennel business
becomes a public nuisance as determined by the Town. Such
closed board fence shall be deemed part of the Kennel for the
purposes of this By-law.
14.
The premises at the following municipal addresses have been in actual use
for the purposes of a kennel : (By-law No. 043-2009)
1093 Lower Base Line, West
3225 30th Side Road, R.R.#2
2092 5th Side Road,R.R.#5
10510 First Line, R.R. #1
15.
7594 Auburn Road
12355 Sixth Line, R.R.#1
1081 3rd Side Road, RR2
5555 Highway 25
6115 8th Line
3125 30 Side Road, R.R.#2
14220 Fifth Line, R.R. #2
Notwithstanding sections 5(i), 5(ii), and 10 of Schedule I, the properties listed
in section 13 of Schedule I are each hereby eligible for a Kennel License
under this By-law and all such premises are eligible to be licensed for so long
as such premise continues to be lawfully used for such purpose. (By-law No.
043-2009)
16.
Should either of the premises referred to in section 13 of this Schedule cease
to be used for the purposes of a kennel, any license issued for a kennel at the
premises under this By-law may be revoked. If the kennel operator sells the
premises, no renewal or further kennel license shall be issued unless the
kennel can comply with licensing requirements of this By-law. In the case of
sections 5(ii) and 10, the new kennel operator must establish that the legal
non-conforming use has been continuous. (By-law No. 043-2009)
Page 62 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “I-1” TO BY-LAW NO. 111 - 2004
Group Homes (schedule added by By-law No. 043-2009)
In addition to the other requirements of this By-law, the following regulations apply to
Group Homes as defined in this By-law:
1.
In this Schedule “I-1”:
(i)
"Correctional Group Home" shall mean a detached dwelling occupied
by not less than 3 and not more than 10 residents, exclusive of staff or
receiving family, who live as a single housekeeping unit, supervised on
a daily basis, for persons who have been placed on probation,
released on parole or admitted for correctional purposes, and which is
licensed, approved, supervised or funded by the Province.
(ii)
“Group Home Type 1” shall mean a detached dwelling occupied by not
less than 6 and not more than 8 residents within the Urban or Hamlet
Areas (as defined in the Town’s Official Plan), and not more than 10
residents in the Agricultural and Rural Areas (as defined in the Town’s
Official Plan), exclusive of staff or receiving family, who live as a single
housekeeping unit requiring specialized or group care, supervised on a
daily basis, and which is licensed, approved, supervised or funded by the
Province as:






(iii)
Home for Special Care, Homes for Special Care Act
Approved Home, Mental Hospitals Act
Children's Residence, Child and Family Services Act
Approved Home or Facility, Developmental Services Act
Charitable Home for the Aged, Charitable Institutions Act
Home for the Aged, Homes for the Aged and Rest Homes Act
"Group Home Type 2" shall mean a detached dwelling occupied by not
less than 3 and not more than 8 residents within the Urban or Hamlet
Areas (as defined in the Town’s Official Plan), and not more than 10
residents in the Agricultural and Rural Areas (as defined in the Town’s
Official Plan), exclusive of staff or receiving family, who live as a single
housekeeping unit requiring specialized or group care, supervised on a
daily basis, and which is licensed, approved, supervised or funded by
the Province under any general or specialized Act and which shall be
maintained and operated primarily for:


Persons who require temporary care and transient or homeless
persons
Persons requiring treatment and rehabilitation for addiction to
drugs or alcohol.
Page 63 of 70 of By-law No. 111-2004 (Consolidated)
(iv)
2.
“Service Provider” shall mean an owner and/or operator of a Group
Home Type 1, Group Home Type 2 or Correctional Group Home as
approved, licensed and/or funded by a Ministry or Government
Agency.
Every person required to license a Group Home Type 1, Group Home Type 2 or
Correctional Group Home shall file an application with the Licensing Officer on the
form provided by the Licensing Officer and shall provide the following:
(i)
Written notification from the approving Ministry or Government Agency
that it has issued a license to, granted approval for funding, or entered
into an agreement with respect to the Group Home Type 1, Group
Home Type 2 or Correctional Group Home.
(ii)
The contact names and telephone numbers of Ministry or Government
Agency staff who will be overseeing the Group Home Type 1, Group
Home Type 2 or Correctional Group Home program.
(iii)
The name and type of program and the number of occupants.
(iv)
The name, address and telephone number of the Owner and/or
Service Provider of the Group Home Type 1, Group Home Type 2 or
Correctional Group Home.
(v)
Every applicant with respect to operation of the group home shall
procure a Broad Form Commercial General Liability policy of insurance
with respect to the operations in a form satisfactory to Treasurer,
endorsed to the effect that the Town through the Licensing Officer,
shall be given at least ten (10) days’ notice in writing of any
cancellation.
Such policy shall be written with limits of no less than TWO MILLION
DOLLARS ($2,000,000) per occurrence and shall apply to all
operations of the Named Insured and include coverage for bodily injury
including death, broad form property damage, personal injury, products
and completed operations liability, blanket contractual liability,
contingent employer’s liability, non-owned automobile. It shall also
include cross liability and/or severability of interest clauses.
A certified copy of such policy or a certificate of insurance must be
provided to the Licensing Officer thirty (30) days’ prior to the issuance
of the required License and annually thereafter.
Page 64 of 70 of By-law No. 111-2004 (Consolidated)
3.
The Licensing Officer shall not issue a Group Home License for a Group
Home Type 1, Group Home Type 2 or Correctional Group Home until
receiving written confirmation from the Zoning Officer that the site conforms to
the Zoning By-law. This requirement is waived for the renewal of a Group
Home License provided the renewal is for the same operation as was
originally licensed.
4.
Where a Group Home Type 1, Group Home Type 2 or Correctional Group
Home ceases to operate for a period of 90 days or more, the license of that
Home under this By-law is deemed to be revoked and any new Group Home
Type 1, Group Home Type 2 or Correctional Group Home at the same
location shall be required to license in accordance with the provisions of this
By-law.
5.
The Licensing Officer shall, by regular postage paid mail, send out a
confirmation of licensing to the Halton District School Board and Halton
Catholic District School Board, subject to the Licensing Officer receiving
written confirmation from the Fire Department advising that all Fire Code
regulations and safety standards have been satisfied.
6.
A Group Home Type 1, Group Home Type 2 or Correctional Group Home
License shall be renewed by filing a renewal application with the Licensing
Officer on the form provided and shall include written documentation from the
Group Home Type 1, Group Home Type 2 or Correctional Group Home
operator that the Group Home continues to be operated as approved and that
the sponsoring Ministry or Government Agency has renewed the licence or
approval.
Page 65 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “J” TO BY-LAW NO. 111- 2004
Page 66 of 70 of By-law No. 111-2004 (Consolidated)
SCHEDULE “K” TO BY-LAW NO. 111- 2004
Business Licensing Thresholds for the Town of Milton
Classes of Offences:
1 – Violent offenses resulting in death
2 – Violent and sexual offences
3 – Prostitution and violent property offenses
4 – Property and negligence offenses
5 – Narcotics offenses
6 – Highway Traffic Act (“HTA”) offenses
Class Code
1
1
1
1
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
4
4
5
Offense
Accessory after the fact to murder
Attempt to commit murder
Manslaughter
Murder
Acquisition of firearms without firearms certificate
Assault
Causing bodily harm with intent – firearm
Criminal negligence
Dangerous operation of motor vehicles, vessels and aircraft
Indecent acts
Kidnapping
Procuring
Sexual offenses
Sexual offenses
Use and possession of firearms
Using explosives
Arson
Extortion
Offense in relation to prostitution
Participation in activities of criminal organization
Possession of property obtained by crime
Robbery
Criminal harassment
Failure to stop at scene of accident
Fraud
Operation while impaired
Theft
Theft, forgery, etc. of credit card
Importing and exporting
Page 67 of 70 of By-law No. 111-2004 (Consolidated)
5
5
5
5
5
6
6
6
6
6
6
Laundering proceeds of crime
Possession
Possession of property obtained by proceeds of crime
Production
Trafficking
Careless driving
Exceeding speed limit by 50 km/hr
Failing to remain at the scene of an accident
Failing to stop for a school bus
Failing to stop when signalled or requested by a Police Officer
Racing
Commercial Refreshment Vehicles
1. The Licensing Officer shall not issue or renew a Commercial Refreshment
Vehicle License if the Applicant/Licensee has:
•
•
•
•
•
•
•
•
•
any criminal offence convictions involving minors;
any convictions for violent offences resulting in death within the last 10 years;
any convictions for violent and sexual offences within the last 2 years;
2 or more convictions for violent and sexual offences within the last 5 years;
any convictions for property and negligence offences or narcotics offences
within the last year;
3 or more convictions for property and negligence offences or narcotics
offences, or combinations thereof, within the last 5 years;
any convictions for Highway Traffic Act offences within the last 2 years;
accumulation of 9 demerit points;
overdue by-law fines.
2. The Licensing Officer shall revoke or suspend a License if, during the current
tenure of the Commerical Refreshment License, the Licensee is:
•
•
•
•
•
•
•
convicted of any criminal offence involving minors;
convicted of any violent offences resulting in death charges;
convicted of any violent and sexual charges;
convicted of any property and negligence offences or narcotics charges, or a
combination thereof;
convicted of any Highway Traffic Act charges;
accumulation of 9 demerit points;
owing overdue by-law fines.
Page 68 of 70 of By-law No. 111-2004 (Consolidated)
Transient Trader – Door to Door Sales
1. The Licensing Officer shall not issue or renew a Transient Trader License if the
Applicant/Licensee has:
•
•
•
•
•
•
•
any criminal offence convictions involving minors;
any convictions for violent offences resulting in death within the last 10 years;
any convictions for violent and sexual offences within the last 2 years;
2 or more convictions for violent and sexual offences within the last 5 years;
any convictions for property and negligence offences or narcotics offences
within the last year;
3 or more convictions for property and negligence offences or narcotics
offences, or combinations thereof, within the last 5 years;
overdue by-law fines.
2. The Licensing Officer shall revoke or suspend a Transient Trader License if,
during the current tenure of the License, the Licensee is:
•
•
•
•
•
convicted of any criminal offence involving minors;
convicted of any violent offences resulting in death charges;
convicted of any violent and sexual charges;
convicted of any property and negligence offences or narcotics charges, or a
combination thereof;
owing overdue by-law fines.
Definitions:
•
Violent Offences Resulting in Death = accessory after the fact to murder,
attempt to commit murder, manslaughter, murder
•
Violent and Sexual Offences = acquisition of firearms without firearms
certificate, assault, causing bodily harm with intent – firearm, criminal
negligence, dangerous operation of motor vehicles, vessels and aircraft,
indecent acts, kidnapping, procuring, sexual offences, use and possession of
firearms, using explosives
•
Property and Negligence Offences = criminal harassment, failure to stop at
scene of an accident, fraud, operation while impaired, theft, theft, forgery, etc.
of a credit card
•
Narcotics Offences = importing and exporting, laundering proceeds of crime,
possession, possession of property obtained by proceeds of crime,
production, trafficking
Page 69 of 70 of By-law No. 111-2004 (Consolidated)
•
Highway Traffic Act Offences = careless driving, exceeding speed limit by 50
km/hr, failing to remain at the scene of an accident, failing to stop for a school
bus, failing to stop when signalled or requested by a police officer,
accumulation of 9 demerit points, racing
Page 70 of 70 of By-law No. 111-2004 (Consolidated)
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