1990-071 Oro To License Transient Traders and other Persons whose names have not been entered on the Assessment Roll in respect of Business Assessment
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 90-71
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 232, Subsection 17 of the Municipal Act, R.S.O.
1980, as amended 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 232(17) of the Municipal Act, R.S.O.
1980, as amended;
NOW THEREFORE the Council for the Corporation of the Township of
Oro hereby enact as follows:
1. Definitions
(a) "Licencing Officer" means the person appointed
from time to time by the Council for the Township of
Oro 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.
(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 Businessperson" 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 asssessment and who offers goods, wares or
merchandise for sale.
2. No transient trader or unassessed businessperson shall
offer goods, wares, or merchandise for sale without
first having obtained a licence from the Licencing
Officer of the Township of Oro 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
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municipality in which the business was being carr1ed 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
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.
The licence fee for a transient trader or unassessed
businessperson shall be $300.00.
The licence issued to a transient trader or unassessed
businessperson shall expire at the end of the calendar
year.
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7.
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 2nlx the
produce of his own farm shall be $5.00.
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.
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.
That By-Law No. 86-87 passed by Council on December 15,
1987, as amended is further amended as follows:
Schedule "A" to By-Law 8'-87 is amended by deleting the
line "Transient Traders 2,3,4 $250.00".
Every person who contravenes Section 5 of this By-law
is guilty of an offence and on conviction is liable to
a fine of $10.00.
Every transient trader or unassessed businessperson who
carries on business without a licence is guilty of an
offence and on conviction is liable to a fine equal to
the licence fee that the person should have paid and in
addition thereto the sum of not more than $200.00.
This By-law shall come into force and take effect on
final pasage thereof.
READ a first and second time this 22nd day of May, 1990.
READ a third time and finally passed this 18th day of June, 1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
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Admin1strator/Clerk, Robert W. Small