1994-066 To License Transient Traders and Other Persons whose Names have not entered on the Assessment roll in respect of Business Assessment
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94- 66
Being a By-law to Licence Transient Traders and other Persons whose
Names have not been Entered on the Assessment Roll in respect of
Business Assessment
WHEREAS Section 236, Subsection 17 of the Municipal Act, R.S.O.
1990 provides that Councils of Municipalities may pass By-laws for
requiring transient traders and other persons whose names are not
entered on the assessment roll or are entered on it for the first
time, in respect of business assessment, and who so offer goods,
wares or merchandise for sale, to pay a licence fee before
commencing to trade;
AND WHEREAS Council deems it appropriate and advisable to pass a
By-law to deal specifically with transient traders and others as
provided for in Section 236(17) of the Municipal Act, R.S.O. 1990;
NOW THEREFORE the Council for The Corporation of the Township of
Oro-Medonte hereby enact as follows:
1. Def ini tions
(a) "Licencing Officer" means the person appointed from time
to time by the Council for the Township of Oro-Medonte to
administer the licencing by-laws of the Township.
(b) "Person" means an individual, association, firm,
partnership, corporation, trust, incorporated company or other
legal representatives of a person to whom the same can apply
according to law.
(c) "Township" means The Corporation of the Township of Oro-
Medonte.
(d) "Transient Trader" includes any person commencing
business who has not resided continuously in the municipality
for at least three months next preceding the time of his
commencing such business there.
(e) "Unassessed Business Person" includes any person whose
name has not been entered on the assessment roll or is entered
on it for the first time, in respect of business assessment
and who offers goods, wares or merchandise for sale.
2. No transient trader or unassessed business person shall offer
goods, wares, or merchandise for sale without first having
obtained a licence from the Licencing Officer of the Township
of Oro-Medonte and upon payment of the licence fee as set out
below.
3. This By-law does not apply to the sale of a business to a bona
fide purchaser who continues the business.
4.
This By-law does not apply to the sale of the 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 or 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.
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5. Every licence issued under this By-law shall at all times be
displayed prominently in the place of business in which the
business is carried on or a vehicle or other equipment used
for the operation of the business during the full term for
which the licence is required.
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6. The licence fee for a transient trader or unassessed business
person shall be $300.00.
7. The licence issued to a transient trader or unassessed
business person shall expire at the end of the calendar year.
8. Notwithstanding section 6 of this By-law, the fee to be paid
for a licence under this By-law by a farmer, resident in
Ontario, who offers for sale only the produce of his own farm
shall be $5.00.
9. The sum paid for a licence shall be credited to the person
paying it, or to any bona fide purchaser of the business who
carries on the business, on account of taxes payable in
respect of the business, 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.
10. Every applicant for a licence under this By-law shall, as part
of the application, furnish a statement in writing containing
a full description of the goods, wares or merchandise that he
proposes to sell or offer for sale under such licence.
Enforcement and Fines
11. Every person who contravenes section 5 of this By-law is
guilty of an offence and on conviction is liable to a fine of
not less than $50.00.
12. Every person who contravenes any provision of this By-law is
guilty of an offence and shall be liable to a fine in the
amount to be determined pursuant to the Provincial Offences
Act R.S.O. 1990, Chapter P.33, and every such fine is
recoverable under the Provincial Offences Act.
13. That By-Law No. 90-71 of the Township of Oro is hereby
repealed.
14. This By-law shall come into force and take effect on its final
passage thereof.
READ a first and second time this 6th day of April, 1994.
READ a third time and finally passed this 6th day of April, 1994.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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DEPUTY MAYOR IAN , EARD
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~ERK DARLENE SHOEBRIDGE ~