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1992-090 Oro To Authorize the Issuance of Certain Licences and to Provide Regulations Therefore THE CORPORATION OF THE TOWNSHIP OF ORO BY-LAW NO. 92-90 BEING A BY-LAW TO AUTHORIZE THE ISSUANCE OF CERTAIN LICENCES AND TO PROVIDE REGULATIONS THEREFORE WHEREAS it is deemed expedient to provide for the issue of licences on, and regulation of, certain businesses in the Township of Oro; AND WHEREAS the Council of the Corporation of the Township of has pursuant to The Municipal Act, R.S.O. 1990, Chapter M.45 as amended and other Acts of the Legislature, authority to enact this By-Law; NOW THEREFORE the Council of the Corporation of the Township of Oro enacts as follows: 1. This By-law may be cited as the "Business Licencing By-law" 2. Definitions in the By-law: a) Where a definition is not provided herein and is not provided in the appropriate Provincial Legislation, recourse shall be had to the definition as provided in the latest available edition of Oxford Dictionary. b) "Building Code" means the regulation made pursuant to The Building Code Act, R.S.O. 1980 as may be amended from time to time. c) "Business" means any trade, calling, business, occupation, manufacturer or industry and includes the sale, order or hirer of goods and services on an intermittent or one time basis. d) "Chief Building Official" means the person appointed the Municipal Council pursuant to The Building Code Act, 1980. e) "Clerk" means the Municipal Clerk of the Corporation the Township of Oro. f) "Council" means the Municipal Council of the Corporation of the Township of Oro. g) "Fire Code" means ontario Regulation 281/90 as may be amended from time to time. h) "Issuer of Licence" means the person or persons as may be appointed by the Municipal Council of the Corporation of the Township of Oro from time to time. i) "Occupant" means the person in occupation or having charge, management, or control of any premises, whether on his own account or as an agent of any person. j) "Owner" means the person for the time-being receiving the rent of the land or the premises in connection with which the word is used, whether on his own account or as an agent or trustee of any other person or who would receive the same if such lands and premises were let. II -2- k) "Person" except where it is otherwise employed or by the context, the word "Person" shall include not only an individual, but also a body corporate or politic, or party, or any firm or heirs, executors, administrators, successors or other legal representatives thereof to whom the context may apply, and words implying the singular shall include more persons or thing as above described or things of the same kind, than one, any words imp10ying the masculine gender shall include females as well as males. 1) "Premises" means and includes any land in any building, public or private, in the municipality. m) "Public Health Inspector" means the person or persons appointed by the Simcoe County Health unit who's duty it shall be to make such inspection as may be required under the provisions the Health Protection and Promotion Act, R.S.O. 1983 as amended. 3. Licences Required No persons shall carryon in a municipality any of the businesses listed in Schedule "A" to this By-law unless and until they shall have first procured a licence issued under the provisions of this By-law. a) Licences shall be categorized as follows: Type 1 - General Type 2 - Being a business that requires or has occas to occupy premises. Type 3 - Being a business that requires or has to occupy premises and because of the nature the business must comply with the Health Protection and Promotion Act, R.S.O. 1983 as amended. Type 4 - Being a business that requires or has to occupy premises and because of the nature the business must comply with the Theatre Act, R.S.O. 1980 as amended. Type 5 - Being all vehicles for which a licence is required. Type 6 - Being a business in the contracting profession for which there is generally required a technical expertise or capability. 4. Applications of Forms and Fees The person applying for a licence pursuant to the provisions of this By-law complete and submit to the issuer of licences the application form as shown in Schedule "B" to this By-law and shall pay to the issuer the required fees as listed in Schedule "A" to this By-law. 5. General Requlations In addition to requirements as provided for paragraphs 4 and 18 of this By-law, all businesses for which a licence application pursuant to the provision of this By-law has been submitted, may be required to meet such additional requirements as may be established by the issuer of licences or his representative. -3- 6. All premises occupied by a business licence pursuant to the provisions of the By-law shall be required to satisfy the Building Code, Official Plan, the Zoning By-law, the Maintenance and Occupancy By-law and all other By-laws of the corporation of the Township of Oro as may be in effect from time to time. 7. Issuance of a business licence pursuant to the provisions this By-law shall not operate to relieve any person from obligation to comply with any other by-laws of the Township of Oro in force from time to time, or the obligation to obtain any licence, permit, or other authority or approval which may be otherwise lawfully required by the Township of Oro or any other public authority or government. 8. Bui1dinq Code Requlations Inspection of premises may be made by the Chief Building Official or his representative who may following inspection, certify to the issuer of licences, compliance or non- compliances with the Building Code, where applicable. 9. Property Standard Regulations Inspection of the premises may be made by The Property Standards Officer or his representative, who may following the inspection, certify to the issuer of licences compliance or non-compliances with the Maintenance and Occupancy By- law. 10. Public Health Requlations In addition to requirements provided for in paragraphs 4 and 18 those businesses and the premises occupied which are identified as Type 3 in the Schedule "A" to this By-law may be required to allow an inspection of the premises and personnel by the Public Health Inspector. 11. An inspection as provided for in paragraph 10 above shall be made by the Public Health Inspector or his representative who shall, following inspection, certify to the issuer of licences, compliance or non-compliances with the Health Protection and Promotion Act. 12. Fire Code Requlations An inspection of premises may be made by the Fire Chief or his representative, who may following the inspection, certify to the issuer of licences, compliance or non- compliances with the Fire Code. 13. Refusal of Licences The issuer of licences may refuse to issue a licence unless and until compliance with the provisions of the By-law or any other requirements referred to herein as established by the applicant, owner of the business or by the occupier of the premises for which the business licence is required. 14. Granting of Licence All licences granted under this By-law, unless they are expressed to be for a shorter period or unless they shall become sooner forfeited or revoked shall be for the year current at the time of issue thereof and shall expire on the 31st day of December next following the date set out in each licence as issued. -4- 15. Renewal All applications for renewal of licences expiring under the provision of this By-law shall be made not later than the 1st day of February in each year. 16. Renewals of licences may be granted by the issuer of licences, provided no change in the location, owner or the nature of the business has occurred and provided the necessary fees have been paid and all regulations complied therwith. 17. Transfer No licence issued under the authority of this By-law is transferable. 18. Special Requlations Licence issued for the conduct of businesses as shown on attached Schedules "C", "D", "E", "F", "G" and "H" are subject to the licencee complying with the provisions as out therein, as well as the terms and conditions as set in the applicable provincial Legislation. 19. Posting of All Licences All licences shall cause their licence and renewal sticker to be permanently and prominently displayed in their place of business or on their person, if there are not premises associated with the business during the full term in which they carryon the said business period. 20. Enforcement The issuer of licences, By-law Enforcement Officer or any person designated by council, be and are hereby authorized to enforce the provisions of the By-law. 21. Any person who violates any provision of this By-law, upon conviction, is guilty of an offence and shall be liable to fine in an amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1991, c. P.33. 22. For the purpose of this By-law, each day of a continued offense shall be deemed to be a separate offense. 23. Expiry Date All licences pursuant to this By-Law shall, unless they are expressly issued for a shorter time and unless they are sooner revoked and cancelled, expire on the 31st day of December of the year for which they are issued. \ \1 \1 \ ~ \ \\ \ I II ~ II \ II II \ I \\ i\ \ I \11 II \\1 \\...... \. I II -5- 24 . Enactmen.t This By-law shall come into force and effect on the 1st day of January 1993. 25. Repeal By-law 86-87, as amended and any previous By-law or portion therof inconsistent herewith are hereby repealed. By-LAW RE1\D 1\ FIRST J\ND SECOND TIME. THIS 18th D1\Y OF Nav_ber 1992. By-LAW REJ\D 1\ THIRD TIME J\ND FIN1\LLY p1\SSED TMIS 18th D1\Y OF November 1992. THE CORPORATION OF THE TOWNSHIP OF ORO SCHEDULE "A" BUSINESS TYPE FEE . Amusement Places 4 (including Coin Operated Machines for Similar Shows, Bowling Alleys, Moving Roller Skating Rinks, Merry-Go-Rounds contrivances) $100.00 Amusement, Circuses and Picture Shows, Theatres, and Other Like Auctioneer 1 Bake Shop (take out) 3 Bake Shop (eat in) 3 Barber/Hairdresser 2 Boats for Hire 2 Car/vehicle Washes 1 $ 50.00 $ 10.00 $ 20.00 $ 25.00 $ 25.00 $ 25.00 chimney Repairmen 6 $ 25.00 Drain Contractor 6 $ 25.00 (including drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drain, remove tree roots or other obstructions from drains and private drain connections by mechanical or other means) Electrician 6 $ 25.00 $ 50.00 $ 10.00 $ 25.00 $ 25.00 horses used or Driving School operators 2 Food Sales 3 Insulation Installer 6 Livery Stable 2 (including the keepers of livery stables, and of kept for hire) Laundry/Dry Cleaner 2 $ 25.00 $ 25.00 $ 25.00 $ 50.00 $ 25.00 $100.00 Massage Therapist 2 Meat Sales 3 Mobile Sign Lessors 2 Plumber 6 Pool Rooms/Billiard/Bagatelle 4 Tables Pawnbrokers 2 $ 25.00 $ 25.00 (under 300 capacity) Public Halls 4 tI Public Halls 4 $ 50.00 (over 300 capacity) Racing of Motor Vehicles/ Motorcycles 4 $100.00 Renovator of Buildings and/or Structures 6 $ 10.00 Restaurants/Lunch Counters/ Victualling Houses and Take-Out 3 $ 20.00 -2- Retail Merchants and service Vendors/Trades 2 $ 25.00 (not otherwise licenced under this By-law to include the business or work in which one engages regularly and/or an occupation requiring manual or mechanical skill) e Salesmen/Hawkers/Peddlers 1 $100.00 Salvage Yards/Automobile wrecking Yard 2 $ 25.00 Second Hand Shop 2 $ 25.00 (second hand goods include waste paper, rags, bones, bottles, bicycles, automobile tires, old metal and other scrap material and salvage) special Sales 2 $ 10.00 (means any sale or intended sale at retail described by the use of any of the following words or expressions, or any enlargement, contraction or combination thereof: bankrupt insolvent trustee reciever liquidation moving out selling out lease expiring closing out discontinuing fire smoke water damage creditor forced or any similar word or words that represent, hold out or advertise that any goods, wares or merchandise are to be disposed of in a manner that is not in the ordinary course of retail business.) service station 2 $ 10.00 (an automobile service station means a building or place where gasoline, oil grease, antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased, or washed, or have their ignition adjusted, tires inflated or batteries charged, or where only minor or running repairs essential to the actual operation of motor vehicles are executed or performed.) sign Painters 2 Television Antennae Installers/Repair 6 Tobacco Sales 2 Tourist Accomodation 4 $ 10.00 $ 25.00 $ 10.00 $ 25.00jroom to maximum of $150.00 e (shall apply to every person who operates a tourist accomodation including a hotel, motel, bed and breakfast, lodging house, cabin, cottage, room and any house or other building or portion thereof in which persons are harboured, received or lodged for hire, but shall not include a hotel, hospital, nursing home, home for the young or the aged, or institution, if the hotel, hospital, home for the young or the aged, or institution is licenced, approved or supervised under any other general or special Act, and shall not include any accomodation rented to the same tenant under a yearly lease.) Tow Truck 5 $ 25.00 Teamster 5 $ 25.00 (shall apply to owners of motor vehicles used for hire for the conveyance of goods either wholly within the municipality or to any point not more than five ki10metres beyond its limits.) Trailer Camps (see Schedule "I" for Terms and Conditions) $100.00 SCHEDULE "B" TOWNSHIP OF ORO LICENSE APPLICATION FORM Date of Application: . Name of Applicant: Permanent Home Address: (Street, etc.) (City, Province) (Postal Code) Telephone: Name of Business: Mailing Address (if different than above): (Street, etc) (City, Province, Postal C0de) Telephone: Municipal Address of Business: Legal Description of Business: (Lot No., Concession, Plan) Indicate the Type or Types of Business to be Conducted: Signature of Applicant For Office Use Only 1. Type ___1 ___2 ___3 ___4 ___5 ___6 2. Fee ___$5 ___$10 ___$25 ___$50 ___$100 Other 3. Terms and Conditions have been given to the applicant and he has complied therewith. e 4. Fee has been paid and receipt No. issued. SCHEDULE "C" TOWNSHIP OF ORO LICENSES TERMS AND CONDITIONS - TYPE 1 . General - Type 1 Licenses are for businesses or occupations of a general nature and for which no premises are occupied and which are listed below: Auctioneer Salesmen/Hawkers/Peddlers specific - 1. No public property or street (including boulevards) may be used for the conduct of any business. Car/Vehicle Washes 2. If private property, not owned by the applicant, is to be used, the approval of the owner must first be obtained. 3. The Licensee will not call on any premises marked with a sign indicating "No Solicitations", or marked with a sign similar thereto. 4. The applicant agrees not to conduct the business in a manner such as to cause any nuisance or inconvenience to the general public and failure to comply therewith will result in an immediate revokation of the License issued therefor. I, (Name of applicant) hereby agree to the above terms and conditions and will comply therewith. I understand that any non-compliance will result in the revoking of my license without refund of the fee paid. Signature of Applicant e SCHEDULE "D" TOWNSHIP OF ORO LICENSES TERMS AND CONDITIONS - TYPE 2 . General - Type 2 Licenses are for businesses that have occasion to occupy premises and which are listed below: Boats for Hire Livery Stable Mobile Sign Lessors Salvage Yards/ Automobile Wrecking Special Sales Sign Painters Pawnbrokers Laundry/Dry Cleaner Driving School Operators Massage Therapist Retail Merchants and Service Vendors/Trades Yard Second Hand Shop Service station Tobacco Sales Barber/Hairdresser Specific - 1. Premises for which the business to be licensed occupies must comply with the ontario Fire Code and relevant Municipal By-laws. The applicant agrees to allow appointed Municipal employees to enter the premises to determine compliance. 2. In the case of special sales, the applicant agrees that the sale will not extend beyond a permitted duration of one month from the date of issue. 3. The applicant agrees not to conduct the business in a manner such as to cause any nuisance or inconvenience to the general public and failure to comply therewith will result in an immediate revokation of the license issued therefor. 4. In the case of Pawnbrokers, the applicant acknowledges and will comply with provisions of the Pawnbrokers Act, R.S.O., 1979. In the case of Auctioneers and Second Hand Shops, the applicant shall keep proper books of accounts of the business transacted by him as an Auctioneer and which books shall give the following: 1) names and addresses of persons depositing goods with him for sale 2) the description of such goods 3) the price for which the same may be sold. The Auctioneer shall forthwith, after the sale of such goods, account for the proceeds and pay the same to the persons entitled to such proceeds less his proper and legal commission and charges. e 5. All books kept shall be open at all times during business hours to the inspection of the By-law Enforcement Officer, Issuer of Licenses or any other authorized person appointed by Council. In the case of Salvage Yards/Automobile Wrecking Yards, the applicant acknowledges and will comply with the additional provision as set out in Appendix 1 attached hereto. I, (Name of Applicant) hereby agree to the above terms and conditions and will comply therewith. I understand that any non-compliance will result in the revoking of my license without refund of the fee paid. Attached: Appendix 1 Signature of Applicant SCHEDULE "D" - APPENDIX 1 1. All Salvage Yards shall be enclosed by a solid metal fence at least six feet in height and such fence be kept painted and in good repair and in a vertical position. For the purpose of this provision, a chain link fence complete with woven plastic inserts or other suitable screening, is deemed to be a solid metal fence and will meet the requirements of this Subsection. e 2. No salvaged material or used motor vehicles shall ,be placed in a Salvage Yard to a height greater than the height of the fence surrounding such Salvage yard. 3. No structure for human habitation shall be constructed or allowed to remain within the perimeter of a Salvage Yard. 4. Salvage Yards shall be kept in a neat and presentable condition at all times and will be subject to inspection at all reasonable times by properly authorized persons acting under the authority of any Federal, provincial or Municipal Law or Regulation. e SCHEDULE "E" TOWNSHIP OF ORO LICENSES TERMS AND CONDITIONS - TYPE 3 . General - Type 3 Licenses are for businesses that have occasion to occupy premises and because of their nature must comply with the Health Protection and Promotion Act and which are listed below: Bake Shop (take out) Food Sales Restaurants/Lunch Counters/ Victualling Houses and Take-Out Bake Shop (eat in) Meat Sales Specific - 1. Premises for which the business to be licensed occupies, must comply with the Ontario Fire Code and relevant Municipal By-laws. The applicant agrees to allow appointed Municipal employees to enter the premises to determine compliance. 2. The applicant agrees to allow appointed Public Health Inspectors to enter the premises to determine compliance with all requirements of the Health Protection & Promotion Act. The applicant further agrees to comply with any order issued within a reasonable time. 3. The applicant agrees not to conduct the business in a manner such as to cause any nuisance or inconvenience to the general public and failure to comply therewith will result in an immediate revokation of the license issued therefor. I, (Name of applicant) hereby agree to the above terms and conditions and will comply therewith. I understand that any non-compliance will result in the revoking of my license without refund of the fee paid. Signature of Applicant Health Inspector (Not required for renewal) . SCHEDULE "F" TOWNSHIP OF ORO LICNESES TERMS AND CONDITIONS - TYPE 4 . General - Type 4 Licenses are for businesses that have occasion to occupy premises and because of their nature must comply with the Public Halls Act and/or the Theatre Act and which are listed below: Pool Rooms/Bil1iard/ Bagatelle Tables Tourist Accomodation Amusement Places Public Halls Racing of Motor Vehicles/ Motorcycles Specific - 1. Premises for which the business to be licensed occupies, must comply with the ontario Fire Code and relevant Municipal by-laws. The applicant agrees to allow appointed Municipal employees to enter the premises to determine compliance. 2. In the case of a Public hall, the applicant agrees that no occupancy will be allowed until an inspection has been made and approval given by the Fire Chief for the Township of Oro. The applicant agrees to allow the Fire Chief or his designate to enter the premises to determine the adequacy of the building. The applicant further agrees to provide to the Fire Chief any report, document or certificate as is deemed necessary by such official. 3. In the case of a Theatre, the applicant will file with the Issuer of Licenses a certified true copy of the license issued by the appropriate official under authority of the Theatres Act. The applicant further agrees to comply with all requirements as are in existence for Public Halls. 4. The applicant agrees not to conduct the business in a manner such as to cause any nuisance or inconvenience to the general public and failure to comply therewith will result in an immediate revokation of the license issued therefor. I, (Name of applicant) hereby agree to the above terms and conditions and will comply therewith. I understand that any non-compliance will result in the revoking of my license without refund of the fee paid. Signature of Applicant . SCHEDULE "G" TOWNSHIP OF ORO LICENSES TERMS AND CONDITIONS - TYPE 5 . General - Type 5 Licenses are for vehicles and which are listed below: Tow Truck Teamster Specific - 1. In the case of a truck license, the owner agrees to maintain the vehicle in a safe and clean condition and to ensure that it will at all times pass a test of road worthiness as may be required under the Highway Traffic Act. 2. In the case of a truck used for towing disabled vehicles, the owner will have arranged for and show proof of such arrangements for a premises to which disabled vehicles shall be taken. Premises which qualify include Service Stations, Garages, Salvage and Wrecking Yards and Vehicle Transfer Stations. 3. In the case of a truck license (teamster), the owner agrees to carry full insurance with a Public Liability Coverage of a minimum of $500,000.00. 4. The license applied for herewith is for the following vehicle: Make Model Serial M.V. License (if applicable) P.V.C. License (if applicable 5. The applicant agrees not to conduct the business in a manner such as to cause any nuisance or inconvenience to the general public and failure to comply therewith will result in an immediate revokation of the license issued therefor. I, (Name of applicant) hereby agree to the above terms and conditions and will comply therewith. I understand that any non-compliance will result in the revoking of my license without refund of the fee paid. Signature of Applicant . SCHEDULE "H" TOWNSHIP OF ORO LICENSES TERMS AND CONDITIONS - TYPE 6 . General - Type 6 Licenses are for businesses in the Contracting Profession and for which there is generally required a technical expertise and capability and which are listed below: chimney Repairman Electrician Plumber Television Antennae Installers/Repair Drain Contractor Insulation Installer Renovator of Buildings and/or Structures Specific - 1. The applicant agrees that if their Contracting Business is licensed by any other authority, that he will obtain such other licenses and provide a certified true copy of it with the application for Municipal License. 2. The applicant agrees that when carrying out any contracting work under authority of the license herewith applied for, that he will ensure that proper permits have been obtained from the Municipality prior to commencement of the work. 3. In the case of a Pipe Thawer, the applicant acknowledges and will comply with the additional provisions as set out in Appendix 1 attached hereto. I, (Name of applicant) hereby agree to the above terms and conditions and will comply therewith. I understand that any non-compliance will result in the revoking of my license without refund of the fee paid. Signature of Applicant Attached: Appendix 1 Tradesman certificate No. . SCHEDULE "H" - APPENDIX 1 To regulate the methods of thawing frozen water pipes, to prohibit the use of certain methods and to prescribe safe methods which may be used by persons other than persons holding a license. INTERPRETATION: . 1. In this regulation - a) "Acceptable Procedure" means the method of thawing frozen pipes which may be employed by a person not requiring a Municipal license. b) "Acetylene Torch, welding torch or blow torch" means and includes any device which produces an open flame, which flame may be applied or directed to the surface of the frozen pipe. c) "Discharge Hose" shall mean discharge hose of a vacuum cleaner or other tube through which preheated air can be directed to the surface of a frozen pipe. d) "Electrical Contact" shall mean any means of introducing an electric current to a frozen pipe whether the current originates from a portable generator or from a hydro-electric service. e) "Licensed Mechanic" shall mean a person who has been licensed under the provisions of the business licensing By-law to employ authorized procedures to thaw frozen pipes. 2. No person other than a licensed mechanic shall attempt to thaw frozen waterpipes by connecting a wire through which an electrical current will be introduced into the pipes unless the following one of the Procedures A or B is followed. PROCEDURE A - ELECTRICAL THAWING Procedure for thawing pipes between the water shutoff at the street line and the water meter within a building: 1. Disconnect all electrical apparatus within the building by opening the main power switch. 2. Remove any ground wire connections from waterline inside the building between the water meter and the point at which the waterline enters the building. 3. Connect an insulated jumper cable from the waterline ahead of the meter to the waterline behind the meter. 4. Remove water meter as per instructions of Township of Oro, Water superintendent. 5. Remove jumper cable. . 6. Proceed with thawing operation on isolated section of water pipe only. 7. Reconnect ground wires to water line when thawing completed. 8. A Bell Canada representative must be notified to remove any ground strap across a water meter before electrical thawing begins and to replace such ground straps after thawing completed. 9. If the waterline is frozen on the house side of the meter, all utilities representatives must be notified before thawing operation by electrical current is started, to confirm that no danger to their respective installations will result. SCHEDULE "H" - APPENDIX 1 10. If the waterline is frozen on the street side of the shutoff, the Township of Oro, Water Superintendent shall be notified before any attempt is made to thaw the watermain. . 11. Only a licensed person shall undertake to thaw a frozen water pipe by introducing an electrical current into the pipe. PROCEDURE B 1. Preheated air may be directed to the surface of a frozen pipe by means of a hair dryer, vacuum discharge hose or other means of conducting preheated air to the frozen section of the pipe. This procedure may be employed only after it has been determined that no electrical wire will contact the frozen pipe. . SCHEDULE "I" TOWNSHIP OF ORO LICENCES . TERMS AND CONDITIONS Refer to By-Law No. 92-77 for complete details regarding the issuance of licences for Trailer Camps. .