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HomeMy WebLinkAboutBy-law 1518/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1518/82 Being a By-Law to provide for the licensing, regulating and governing of transient traders WHEREAS, pursuant to the provisions of paragraphs 232.16 and 232.17 of the Municipal Act, R.S.O. 1980, chapter 302, the councils of towns may pass by-laws for licensing, regulating and governing transient traders and certain other sales persons; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. In this by-law, the term, (a) "goods" means goods, wares and merchandise, and includes produce; (b) "public highway" means a public road allowance, whether open or closed to vehicular traffic, pedestrian traffic, or both, and includes the full width of such an allowance; (c) "trade" means the exposing for sale, offering for sale or selling of goods to the public in any manner whatsoever, "trading" shall have a corresponding meaning; and (d) "transient trader" means any person, (i) who trades within the Town; and (ii) whose name has not been entered on the Town's business assessment roll in respect of business assessment for the current year, and includes any person commencing business who has not resided continuously in the Town for at least three months next preceding the time of his commencing such business in the Town. No transient trader shall trade in the Town without first obtain- ing a valid licence to do so from the Town. 3. (1) An application for a transient trader's 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 applicant is an individual: (i) the applicant's full name and all other names by which he or she has been known during the prev- ious two years; (ii) the applicant's residence address and all other addresses at which he or she has resided during the previous two years; - 2 - e (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 bus- iness 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; (c) the name under which the applicant intends to trade; and (d) the address, location and dimensions of the premises at which the applicant intends to trade; and (e) a written statement containing a full description of the goods that he proposes to trade under such licence. (2) An application for a transient trader's licence shall be accompanied by a licence fee of, (a) $5.00, where the applicant is a farmer, resident in Ontario, who trades only the produce of his own farm; and (b) $100.00, where the applicant is not a farmer resident in Ontario, who trades only the produce of his own farm. (3) 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 sub- mit a separate application for a transient trader's licence, but only one application fee shall be required. (4) The Town Clerk may require that an cation, by affidavit or otherwise, which the applicant is required to is issued. applicant provide verifi- of any of the information provide before a licence The fee paid for a licence shall be credited to the person paying it, or %o any bona fide purchaser of the business who carries on the business, on account of taxes payable in respect of the busi- ness, and in respect of real property taxes on the land used for the purposes of or in connection with the business if the land is owned by the person carrying on the business, during the year in which the licence was issued and five years thereafter. - 3 - (1) (2) (3) Upon receipt of an application and the payment required by section 3(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 application may be lawfully used under the applicable restricted area zoning by-laws by the applicant for the purpose of trade in the goods described in the application; (b) the Fire Chief, who shall determine whether or not the said premises comply with applicable fire regulations; and (c) the Chief Building Inspector, who shall determine whether or not the said premises have been lawfully constructed and maintained. Where any determination is made that the premises named in the application may not be lawfully used as proposed by the applicant, do not comply with applicable fire regulations, or have not been lawfully constructed or maintained, the deficien- cies 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 determine the matter. (1) (2) The Town Clerk shall not issue a transient trader's licence until the following have been provided: (a) all the information which the applicant is required to provide, including any verification 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 proposed by the applicant, comply with applicable fire regulations and have been lawfully constructed and maintained. The holder of a transient trader's licence shall notify the Town Clerk of any subsequent change in the information which was supplied under section 3(1), above, within seven days of the event creating the change. 7. Every transient trader's licence shall: (a) 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; (c) be valid only in respect of trade in the goods described by the applicant; and (d) be subject to revocation should any of the circumstances set forth in section 8(1), below, arise. - 4 - (1) (2) (3) The Town Clerk shall notify the holder of a transient trader's 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 transient trader's licence is required to provide, including any verification thereof, is inaccurate; (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 under the applicable restricted area zoning by-laws, do not comply with applicable fire regulations, or were not lawfully con- structed or are not being lawfully maintained; or (c) when he has cause to believe, on reasonable grounds, that an Order issued under the authority of section 326 of the Municipal Act, R.S.O. 1980, chapter 302, has been disobeyed by the holder of the licence; that, unless the inaccuracy, non-compliance, contravention or disobedience is corrected within thirty days, the licence shall be revoked. Unless the matter giving rise to the notice issued pursuant to subsection (1), above, has been corrected within the time allowed, the Town Clerk shall forthwith revoke the transient trader's 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 indicated inaccuracy, non-compliance, contravention or disobedience 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. 10. 9. Every holder of a transient trader's licence shall: (a) cause his licence to be prominently and permanently displayed at or in his place of trade during the full term in which he is trading as a transient trader; (b) provide and maintain every part of his place of trade with sufficient lighting, at all times, to permit the safe use of the facility by the public; (c) provide and raa intain at or within his place of trade, waste receptacles accessible to users thereof; 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 trade at all times when it is open to the public. (1) No holder of a transient trader's licence shall trade any goods, (a) on any part of any public highway within the Town, or (b) on any other lands, unless he is the owner of those lands or unless the owner has first given his written consent thereto. (2) Every person required to be licensed hereunder as a transient trader shall permit any municipal officer or employee and any peace officer to enter and inspect his place of trade at all reasonable times, and shall, upon demand therefor, produce the land owner's written consent referred to in subsection (1). ll. (1) (2) (3) Every person who contravenes the provisions of section 2 of this By-Law is guilty of an offence, and upon conviction thereof is liable to a fine equal to the licence fee that he should have paid, and, in addition thereto, the sum of not less than $10.00 and not more than $200.00, exclusive of costs. Every person who contravenes the provisions of section 9(a) of this By-Law is guilty of an offence, and upon conviction thereof is liable to a fine of not less than $1.00 and not more than $10.00, exclusive of costs. Every person who contravenes any of the provisions of section 9, except clause (a) thereof, or section 10 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. 12. (1) (2) This By-Law does not apply to the sale of the stock of a bankrupt or an insolvent, within the meaning of any bank- ruptcy or insolvency Act in force in Ontario, nor to the sale of any stock damaged by or by reason of fire, so long as, (a) the business was being carried on within the Town at the time of the bankruptcy, insolvency or fire, and (b) no goods are added to such stock. This By-Law does not apply to the sale of a business to a bona fide purchaser who continues the business. BY-LAW read a first, second and third time and finally passed this 21st day of June , 1982. Mayor Clerk