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HomeMy WebLinkAboutBy-law 1416/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1416/82 Being a By-Law to provide for the regulation and licensing of places of amusement WHEREAS, pursuant to the provisions of paragraph 232.6 of the Municipal Act, RoS. O. 1980, c. 302, by-laws may be passed by the council of a town for regulating and licensing, subject to the provisions of the Theatres Act, all places of amusement and for prohibiting the location of them or a particular class of them, on land abutting on any highway or part of a highway to be named in the by-law, and for revoking any such licence; and WHEREAS, pursuant to the provisions of paragraph 210.26 of the said Act, by-laws may be passed by the council of a local municipality for securing against accident by fire the inmates and employees and others in buildings used as places of amusement; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: In this by-law, the term "place of amusement" shall mean any building, room or area in which are offered facilities for the play of: (i) any game of chance, or (ii) any game of mixed chance and skill, for the amusement of the public, which game is not contrary to the Criminal Code of Canada, but does not include premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys. No place of amusement shall be established, provided or operated by any person who has not obtained a licence therefor pursuant to this by-law, or whose licence has expired or been revoked. (1) No place of amusement shall be located on any land abutting any highway or part of a highway named in Schedule "A" to this by-law. (2) Subsection (1) shall not apply to a place of amusement which was lawfully established and operating on the date of the passing of this by-law. (i) An a~!ication for a mlace of amusement licence shall be in a form provided for the purpose by the Town, shall be addressed to the Town in care of the Town Clerk, and shall contain the following: (a) where the apDlicant is an individual: (i) the applicant's full name and all other names by which he or she has been known during the previous two years; - 2 - (2) (3) (4) (ii) the applicant's residence address and all other addresses at which he or she has resided during the previous two years; (iii) if different than the applicant's full name, the name under which the applicant carries on business and all other names under which he or she has carried on business during the previous two years; (iv) the applicant's business address and all other addresses at which he or she has carried on business during the previous two years; or (b) where the applicant is a corporation: (i) the applicant's full name and all other names by which it has been known during the previous two years; (ii) the address of the applicant's head office and all other addresses at which its head office has been located during the previous two years; <iii) the addresses of all offices or places at which the applicant has carried on business in the Town during the previous two years; (iv) the jurisdiction in which the applicant was created; the name under which the applicant intends to establish or operate the place of amusement for which the licence is sought; and (d) the address, location and dimensions of the premises in which the place of amusement for which the licence is sought is located or is to be located. An application for a place of amusement licence shall be accompanied by a licence fee of $25.00. Where an application is made under a name by which more than one individual or corporation, or combination thereof, carry on business, each individual and each corporation shall submit a separate application for a place of amuse- ment licence, but only one application fee shall be required. The Town Clerk may require that an applicant provide veri- fication, by affidavit or otherwise, of any of the infor- mation which the applicant is required to provide before a licence is issued. (1) Upon receipt of an application and the payment required by section 4(2), the Town Clerk shall forthwith forward details of the application to: (a) the Director of Planning, who shall determine whether or not the premises named in the appli- cation may be lawfully used as a place of amuse- ment under the applicable restricted area zoning by-laws; (b) the Fire Chief, who shall determine whether or not the said premises comply with applicable fire regulations; and - 3 - (2) (3) (c) the Chief Building Inspector, who shall determine whether or not the said premises have been law- fully constructed and maintained. Where any determination is made that the premises named in the application may not be lawfully used as a place of amusement, do not comply with applicable fire regu- lations, or have not been lawfully constructed or main- tained, the deficiencies shall be specified and the Town Clerk shall notify the applicant, in writing, of all such deficiencies. Where an applicant advises the Town Clerk, in writing, that he, she or it disputes a determination made under subsection (1) above, the matter shall be referred forthwith by the Town Clerk to the Town Council which shall hear representations from the applicant and deter- mine the matter. (1) (2) The Town Clerk shall not issue a place of amusement licence until the following have been provided: (a) all the information which the applicant is required to provide, including any verifi- cation thereof required by the Town Clerk; (b) the licence fee, and (c) confirmation from each of the officials named in section 5(1), above, or a determination by the Town Council under section 5(3), above, that the premises named in the application may be lawfully used as a place of amusement, comply with applicable fire regulations and have been lawfully constructed and maintained. The holder of a place of amusement licence shall notify the Town Clerk of any subsequent change in the informa- tion which was supplied under section 4(1), above, within seven days of the event creating the change. 7. Every place of amusement licence shall: expire on December 31st of the year for which it was issued, unless earlier revoked; (b) be valid only in respect of the building, room or area for which it was issued; be displayed within the place of amusement in a man- ner such that it is clearly visible to the public; and (d) be subject to revocation should any of the circum- stances set forth in section 8(1), below, arise. s. (1) The Town Clerk shall notify the holder of a place of amusement licence, by registered mail, at the licence holder's last business address of record: (a) when he has cause to believe, on reasonable grounds, that any of the information which an applicant or holder of a place of amuse- ment licence is required to provide, including any verification thereof, is inaccurate; - 4 - (2) (3) (b) when he is advised by any of the officials named in section 5(1), above, that premises to which the licence applies are not being lawfully used as a place of amusement under the applicable restricted area zoning by-laws, do not comply with applicable fire regulations, or were not lawfully constructed or are not being lawfully maintained; or (c) when he has cause to believe, on reasonable grounds, that an Order issued under the auth- ority of section 326 of the Municipal Act, R.S.O. 1980, c. 302, has been disobeyed by the holder of the licence; that, unless the inaccuracy, non-compliance, contraven- tion or disobedience is corrected within thirty days, the licence shall be revoked. Unless the matter giving rise to the notice issued pur- suant to subsection (1), above, has been corrected within the time allowed, the Town Clerk shall forthwith revoke the place of amusement licence and notify the licence holder by registered mail at the licence holder's last business address of record. Notwithstanding subsection (2), above, where the indi- cated inaccuracy, non-compliance, contravention or dis- obedience is disputed, in writing, to the Town Clerk by the licence holder, the matter shall be referred forthwith by the Town Clerk to the Town Council which shall hear representations from the licence holder and determine the matter. 9. Every holder of a place of amusement licence shall: (a) close the place of amusement, (i) on every day which is a holiday under the Retail Business Holidays Act, R.S.O. 1980, c. 453, except between the hours of 1:00 p.m. and 9:00 p.m., local time, and (ii) on every other day, except between the hours of 9:00 a.m. and 11:00 p.m., local time; (b) provide and maintain every part of the place of amusement with sufficient lighting, at all times, to permit the safe use of the facility by the public; (c) provide and maintain within the place of amusement waste receptacles accessible to users of the premises; and (d) provide proper supervision of the use of the premises by ensuring that a person over the age of eighteen years has the care and control of the place of amusement at all times when it is open to the public. 10. Every person who contravenes any provision of this by-law is guilty of an offence, and upon conviction thereof, is liable to a fine of not more than $2,000.00, exclusive of costs. - 5 - 11. This by-law shall come into force on the day of its final passing. BY-LAW READ a first, second and third time and finally passed this i8th day of January , 1982. SCHEDULE "A" Item Highway or Part of Highway (Reserved) Side Extent SCHEDULE "A" TO BY-LAW 1416/82 PART 1 HIGHWAYS Item Name of .Highway 1. Abingdon Court 2. Ada Court 3. Alderwood Place 4. (Reserved) 5. Altona Road 6. Alwin Circle Alyssum Street 8. Amberwood Crescent 9. Annland Street 10. Anthony Court 11. (Reserved) 12. Antonio Street 13. Appleview Road 14. (Reserved) 15. Aspen Road 16. Audley Road 17. (Reserved) 18. (Reserved) 19. (Reserved) 20. Balaton Avenue 21. Barber Street 22. Barclay Street 23. Barnwood Square 24. Barry Drive 25. Batory Avenue 26. Bayfield Street 27. Bayshore Court 28. Bayview Street 29. Beachpoint Promenade 30. (Reserved) 31. Beckworth Square 32. (Reserved) 33. Begley Street 34. Belinda Court 35. Bella Vista Drive 36. Bem Avenue 37. Bicroft Court 38. Birchwood Court 39. Bluebird Crescent 40. Bonita Avenue 41. Bowler Drive 42. Boxworth Place 43. (Reserved) 44. Bramblewood Court 45. Brands Court 46. Breda Avenue 47. Breezy Drive 48. Brian Court 49. Briar Wood Gate 50. Bridge Gate Crescent 51. Bridle Path Circle 52. Brixton Lane 53. (Reserved) 54. Broadgreen Street 55. Broadview Street 56. Bronte Square 57. Bronwen Lane 58. Brougham Road 59. Browning Avenue 60. Bundy Street 61. Buenavista Drive 62. Bushmill Street Item Name of Highway 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74° 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. llB. 119. 120. 121. 122. 123. 124. Byron Street (Reserved) Canborough Crescent Carmello Court Cecylia Court Cedarwood Court Chapleau Drive Charlotte Circle Cherrywood Avenue chipmunk Street Church Street Churchwin Street (Reserved) cliffview Road Cobblers Court Colmar Avenue Commerce Street Concession Three Road Concession Four Road Concession Five Road Concession Six Road Concession Seven Road Concession Eight Road (Reserved) Conmara Avenue Cortez Avenue Country Lane Cowan Circle Creekview Circle Cricket Lane Culross Avenue (Reserved) Dahlia Crescent Davidson Street Delmeade Road Denmar Road Dersan Street Diefenbaker Court (Reserved) Dixie Road Donnalea Avenue Douglas Avenue Downland Drive (Reserved) (Reserved) Drava Street Dreyber Court (Reserved) Dunfair Street Durham Regional Road 1 Durham Regional Road 4 Durham Regional Road 23 Durham Regional Road 24 Durham Regional Road 27 Durham Regional Road 31 Durham Regional Road 37 Dyson Road (Reserved) Eastbank Road Edge Lane Edgewood Road Eighth Concession Road SCHEDULE "A" TO BY-LAW 1416/82 PART 1 HIGHWAYS (Cont'd) Item 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. Name of Hi~hwa~ Elvira Court Essa Crescent Evelyn Avenue Everton Street Eyer Drive (Reserved) Factory Street (Reserved) Fairview Avenue Fanshaw Place Faylee Crescent Fieldlight Boulevard Fieldstone Circle Fifth Concession Road Finch Avenue Flavelle Court Foleyet Crescent (Reserved) Forbrock Street Fordon Avenue Forestream Trail Foster Court Fifth Concession Road Foxglove Avenue Foxwood Trail Franklin Street Front Street Fuschia Lane (Reserved) (Reserved) Garvolin Avenue Geta Circle Gillmoss Road Gladstone Street Glendale Drive Glengrove Road Glenview Road Gloucester Square (Reserved) Granite Court Greenridge Drive (Reserved) Greenwood Road Grenoble Boulevard Greycoat Lane Guild Road (Reserved) Haller Avenue Hampton Court Hanworth Court Harvest Drive Hedgerow Place Helen Crescent Hensall Court Heska Road Hewson Drive (Reserved) Highbush Trail (Reserved) Hillcrest Road Hillview Crescent Hogarth Street Item Name of Highway 187. Houston Court 188. (Reserved) 189. Ilona Park Road 190. Ingrid Road 191. Ironstone Manor 192. (Reserved) 193. Jacqueline Avenue 194. Jaywin Circle 195. Jodrel Road 196. John Street 197. (Reserved) 198. Jomar Avenue 199. (Reserved) 200. Kate's Lane 201. Kellino Street 202. Kingfisher Drive 203. King's Highway No. 7 204. King's Highway No. 401 205. Kinsale Road 206. Kitley Avenue 207. Klima Street 208. (Reserved) 209. Lane Street 210. (Reserved) 211. (Reserved) 212. (Reserved) 213. Leaside Street 214. Linwood Street 215. Listowell Crescent 216. Littleford's Lane 217. Livingston Street 218. Lodge Road 219. Lorn Street 220. Lublin Avenue 221. Luna Court 222. Lutterworth Court 223. Lynx Avenue 224. (Reserved) 225. MacDonald-Cartier Freeway 226. (Reserved) 227. Malden Crescent 228. Maple Avenue 229. Maple Gate Road 230. Maple Ridge Drive 231. Markham-Pickering Townline Road 232. Marksbury Road 233. Marinet Crescent 234. (Reserved) 235. Martins Road 236. McKay Road 237. (Reserved) 238. McLeod Crescent 239. McPherson Court 240. Meadowlane Crescent 241. Meadowview Avenue 242. Memory Lane 243. Merritton Road 244. Mill Street 245. Millbank Road 246. Mink Street 247. Minstrel Manor SCHEDULE "A" TO BY-LAW 1416/82 PART 1 HIGHWAYS (Cont'd) Item Name of.Highway 248. (Reserved) 249. Miriam Road 250. Modlin Road 251. Monteagle Circle 252. Montgomery Park Road 253. Moorelands Crescent 254. Morden Lane 255. Moretta Avenue 256. Mulberry Lane 257. Mulmur Court 258. Mutual Street 259. (Reserved) 260. Naroch Boulevard 261. New Street 262. (Reserved) 263. North Road 264. Notion Road 265. (Reserved) 266. Oakwood Drive 267. Old Forest Road 268. Old Trespass Road 269. Oliva Street 270. Orangebrook Court 271. Orchard Heights Drive 272. Orion Court 273. (Reserved) 274. Paddock Road 275. Park Crescent 276. Parkdale Street 277. Parkham Crescent 278. Parkside Drive 279. Patio Lane 280. Patmore Lane 281. Pebble Court 282. Pebblestone Crescent 283. Penny Lane 284. (Reserved) 285. Petticoat Lane 286. Pinecreek Court 287. Pine Grove Avenue 288. Pine Heights Trail 289. Pine Ridge Road 290. Pleasant Street 291. Plummer Street 292. Poppy Lane 293. Poprad Avenue 294. (Reserved) 295. Quigley Street 296. (Reserved) 297. Radom Street 298. Rail Crescent 299. Redwood Lane 300. Regan Place 301. Reytan Boulevard 302. Rodd Avenue 303. Rosebank Road 304. Rosebank Road North 305. Rosefield Road 306. Rougemount Drive 307. Royal Road 308. (Reserved) 309. Salem Road Item 310. 311. 312. 313. 314. 315. 316. 317. 318. 319. 320. 321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. 332. 333. 334. 335. 336. 337. 338. 339. 340. 341. 342. 343. 344. 345. 346. 347. 348. 349. 35O. 351. 352. 353. 354. 355. 356. 357. 358. 359. 360. 361. 362. 363. 364. 365. 366. 367. 368. 369. 370. 371. Name of Hishway Salk Road Samford Lane Sandbar Sandra Drive Sangro Lane Sanok Drive Seventh Concession Road Shadybrook Drive (Reserved) Shearer Lane Sideline 2 Road Sideline 4 Road Sideline 6 Road Sideline 8 Road Sideline 10 Road Sideline 12 Road Sideline 14 Road Sideline 16 Road Sideline 20 Road Sideline 22 Road Sideline 24 Road Sideline 26 Road Sideline 28 Road Sideline 30 Road Sideline 32 Road Sideline 34 Road (Reserved) Simpson Avenue Sixth Concession Road Southview Drive Speke Road Spring Street Spruce Hill Road Squires Beach Road Stonebridge Lane Stonehurst Road Stonepath Circle (Reserved) Storrington Street Streamside Court Strouds Lane Sunrise Avenue Surf Avenue Susan Drive (Reserved) Taplin Drive Tatra Drive Taunton Road The Esplanade South Third Concession Road Tillings Road Timber Court Timmins Gardens Tisha Road Toy Avenue (Reserved) Toynevale Road Track Street Trailwood Court Trellis Court Tullo Street Twyn Rivers Drive SCHEDULE "A" TO BY-I~AW 1416/82 PART 1 HIGHWAYS (Cont'd) Item Name of Highway 372. (Reserved) 373. Una Road 374. Uxbridge-Pickering Townline Road 375. (Reserved) 376. (Reserved) 377. (Reserved) 378. Vickie Drive 379. Victor Court 380. Victoria Street 381. Victory Drive 382. Vistula Drive 383. (Reserved) 384. Walnut Lane 385. (Reserved) 386. Waterpoint Street 387. Welrus Street 388. West Shore Boulevard 389. Weyburn Square 390. Westney Road 391. Weyburn Square 392. Weyburn Square North 393. Wharf Street 394. Wheatsheaf Lane 395. Whitby-Pickering Townline Road 396. Wildrose Crescent 397. (Reserved) 398. William Street 399. Willowside Court 400. Winette Road 401. Wixon Street 402. Wollaston Court 403. Woodgrange Avenue 404. Woodruff Crescent 405. Woodview Avenue 406. Woodview Drive 407. (Reserved) 408. Yeremi Street 409. York Regional Road 30 410. (Reserved) 411. Zator Avenue 412. (Reserved) SCHEDULE "B" TO BY-LAW 1416/82 PART 2 PARTS OF HIGHWAYS Item Name of Highway 1. Alliance Road Part (a) East half from a point 58 metres south of Bayly Street/Durham Road 22 to southerly terminus (b) West half 2. Bayly Street/Durham Regional Road 22 (a) (b) (c) (e) (f) North half between the Ajax bound- ary and a point 115 metres east of Liverpool Road North half between Douglas Creek and White's Road South half between the Ajax bound- ary and a point 58 metres east of Alliance Road South half between Alliance Road and Sandy Beach Road South half between a point 65 metres west of Sandy Beach Road and a point 53 metres east of Liverpool Road South half between St. Martin's Drive and a point 203 metres east of West Shore Boulevard (g) South half between West Shore Boulevard and White's Road 3. Brock Road (Claremont) (a) (b) (d) (e) East half between Brock Road/ Durham Regional Road 1 and Wellington Street East half between Joseph Street and the Uxbridge boundary West half between Brock Road/ Durham Regional Road 1 and a point 30 metres south of Central Street/ Concession Nine Road/Durham Regional Road 5/Ninth Concession Road West half between a point 40 metres north of David Street and Hoxton Street West half between a point 43 metres north of Hoxton Street and the Uxbridge boundary SCHEDULE "B" TO BY-LAW 1416/82 PART 2 PARTS OF HIGHWAYS (Cont'd) Item 4. Name of Highway Brock Road/Durham Regional Road 1 (a) (b) (c) Part East half between Montgomery Park Road and a point 45 metres south of Kingston Road/King's Highway No. 2 East half between Kingston Road/ King's Highway No. 2 and the Uxbridge boundary West half between Montgomery Park Road and the Uxbridge boundary Se Central Street/ Concession Nine Road/Durham Regional Road 5/Ninth Concession Road (a) North half from Durham Regional Road 23 to a point 20 metres west of Wixon Street (b) North half from Dow Street to York Regional Road 30 (c) South half from Durham Regional Road 23 to a point 33.5 metres west of Victoria Street (d) South half from a point 41 metres west of Brock Road to York Regional Road 30 6. David Street Between Dow Street and William Street 7. Dillingham Road (a) South of Quigley Street (b) East and south half north of Quigley Street (c) West and north half from a point 135 metres north of Quigley Street to the northerly terminus 8. Dunbarton Road (a) North half (b) South half between Dixie Road and a point 120 metres west of Dixie Road (c) South half between Appleview Road and Fairport Road 9. Dow Street West half 10. Fairport Road (a) (b) (c) East half between Kingston Road/ King's Highway No. 2 and Old Kingston Road East half between CNR overpass and Concession Three Road/Third Conces- sion Road West half between Sheppard Avenue and Concession Three Road/Third Concession Road SCtlEDULE "B" TO BY-LAW 1416/82 PART 2 PARTS OF HIGHWAYS (Cont'd) Item Name of Highway 11. Glenanna Road (a) (b) (c) Part Between Brock Road/Durham Regional Road 1 and Ontario Hydro corridor East and north half between Sheridan Mall Parkway and Dixie Road West and south half between King- ston Road/King's Highway No. 2 and Dixie Road 12. Henry Street Between Dow Street and William Street 13. Hoxton Street (a) South half (b) North half between a point 30 metres west of Brock Road and westerly terminus 14. Joseph Street (a) North half 15. Kingston Road/King's Highway No. 2 (a) (b) (c) (d) (e) (h) North half between the Ajax bound- ary and a point 61 metres east of Glenanna Road North half between a point 30 metres east of Glenanna Road and a point 168 metres west of Dixie Road North half between the CNR overpass and Fairport Road North half between a point 50 metres west of Fairport Road and the Scarborough boundary South half between the Ajax bound- ary and a point 100 metres east of Brock Road/Durham Regional Road 1 South half between Brock Road/ Durham Regional Road 1 and Glenanna Road South half between Liverpool Road/ Durham Regional Road 29 and White's Road/Durham Regional Road 38 South half between a point 290 metres west of White's Road/Durham Regional Road 38 and the Scarborough boundary SCHEDULE "B" TO BY-LAW 1416/82 PART 2 PARTS OF HIGHWAYS (Cont'd) Item Name of Highway 16. Krosno Boulevard (a) (b) Part West and north half East and south half between Bayly Street/Durham Regional Road 1 and a point 90 metres east of Liverpool Road 17. Liverpool Road (a) (b) (c) (d) (e) East half between Lake Ontario and a point 90 metres south of Krosno Boulevard East half between Krosno Boulevard and a point 48 metres south of Bayly Street/Durham Regional Road 22 West half between Lake Ontario and a point 45 metres south of Old Orchard Avenue West half between Old Orchard Avenue and a point 50 metres south of Bayly Street/Durham Regional Road 22 Both halves between Finch Avenue/ Durham Regional Road 37 and north- erly terminus 19. Oklahoma Drive (a) North half between Breezy Drive and a point 116 metres west of Eyer Drive (b) South half 20. Old Orchard Avenue (a) (b) North half South half between a point 72.5 metres west of Liverpool Road and Douglas Avenue 21. 01d Kingston Road South half between Fairport Road and Merritton Road 22. St. Martin's Drive (a) (b) West half East half between Radom Street and a point 75 metres north of Radom Street 23. Sandy Beach Road (a) East half (b) West half between Montgomery Park Road and a point 50 metres south of Bayly Street/Durham Regional Road 22 SCHEDULE "B" TO BY-LAW 1416/82 PART 2 PARTS OF HIGHWAYS (Cont' d) Item Name of Highway, 24. Sheppard Avenue (a) (b) Part North half South half from a point 50 metres west of Fairport Road to westerly terminus 25. Sheridan Mall Parkway (a) North half between Ontario Hydro corridor and a point 180 metres west of Valley Farm Road (b) South half 26. Valley Farm Road (a) (b) East half between Concession Three Road/Third Concession Road and a point 148 metres south of Finch Avenue/Durham Regional Road 37 East half between a point 324 metres north of Kingston Road/King's Highway No. 2 and Bayly Street/ Durham Regional Road 22 (c) West half 27. Wellington Street (a) North half between Lorn Street and a point 42 metres west of Victoria Street (b) South half 28. white' s Road North of Finch Avenue/Durham Regional Road 37 29. White's Road/Durham Regional Road 38 (a) (b) (c) (d) East side from southerly terminus to Oklahoma Drive East side from a point 61 metres north of Oklahoma Drive to Finch Avenue/Durham Regional Road 37 West side from southerly terminus to a point 220 metres south of Kingston Road/King's Highway No. 2 West side from Kingston Road/ King's Highway No. 2 to Finch Avenue/Durham Regional Road 37