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;
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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.
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(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.
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(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