Our Focus: Your Future

Transcription

1 Town of Fort Erie Legal and Legislative Services Our Focus: Your Future Prepared for Council-in-Committee Report No. CS Agenda Date March 17, 2008 File No. Subject DRAFT BUSINESS LICENSING BYLAW Summary of Recommendation THAT THAT THAT The draft bylaw To establish a system of licences for various businesses in the Town of Fort Erie and to repeal By-law Nos and be received for information. The draft bylaw be circulated to current licence holders and that a public consultation meeting be advertised and held on Thursday, April 3, 2008 to receive public comment. Staff report back to Council regarding the public consultation and present the by-law for Council s consideration. Relation to Council s Corporate Strategic Plan Priority: Economic and Business Development Goal: B1 Increase Employment Opportunities within Fort Erie Initiative: B1.1 Streamline business licencing and permitting processes to facilitate business expansion and development. List of Stakeholders Business licence holders. Residents of Fort Erie Regional Municipality of Niagara Prepared by: Approved by: original signed Heather A. Salter, Town Solicitor and Director of Legal and Legislative Services original signed Harry Schlange, MBA Chief Administrative Officer

2 Legal and Legislative Services Page 2 of 3 Report No. CS Purpose of Report This report is a follow up to Report CAO approved at the Council-in-Committee meeting of October 15, 2007 wherein the Town solicitor was directed to prepare a new business licencing by-law in accordance with the recommendations adopted in that report. Analysis The draft by-law attached is a completely new business licensing by-law for Fort Erie that incorporates the streamlining and process improvements described in the earlier report. As a result of a comprehensive review of the by-law language and format the Town Solicitor and the staff working group that reviewed the draft have simplified and clarified many of the provisions of the earlier by-law. In the Schedules that apply to specific categories of licences, out of date references to other legislative requirements, for example, those found in the Fire Code have been removed, as have conditions that duplicated the General Requirements in the main body of the by-law. The former schedule licensing Restaurants and Fresh Food Establishments has been replaced by a schedule for Eating Establishments and Food Premises with updated definitions that are intended to include all businesses that offer food or drink for sale. The new terms are compatible with the definitions in the Health Protection and Promotion Act, which regulates the preparation, storage and sale of food and drink. The schedule for Refreshment Vehicles, Cycles and Carts has been replaced by a schedule for Refreshment Units that distinguishes those that are stationary and those that are mobile. The revisions are intended to retain the substance of the previous by-law but be easier to interpret and understand. New schedules for Pet Services and Personal Services have been included as recommended in the previous report. A fee of $ is proposed which is the same amount those businesses would have been charged as a New Business. In addition, during the review of an earlier draft the working group identified the need for a schedule to address the Sale of Fireworks and this has been added to the draft by-law. Previously, only the temporary sale of fireworks was covered by the business licensing by-law (a hawker and pedlar licence was required) and the Fireworks By-law regulated permanent sales and no license was required. A fee of $ is proposed, which is the same as the amount previously charged for a Class 2-2 Hawkers and Pedlars licence. Financial/Staffing Implications As indicated in Report CAO there will be a small decrease in revenue (less than $3,000) which will result from these changes, as fewer businesses will be licensed. In 2007, 41 new business licences were issued, 18 of them would not be required to obtain a new business licence with this proposed by-law and 8 annual licences (auctioneer and pawnbrokers) will not be re-issued. However, the revisions will also reduce the staff time required to process and review applications. This is particularly beneficial for the Fire

3 Legal and Legislative Services Page 3 of 3 Report No. CS inspection staff as it has been very difficult for them to schedule the required inspections and respond to license applications in a timely fashion. The revised by-law focuses on licencing only those businesses that are considered to have higher risks to public health or safety and therefore focuses available resources on areas with the greatest priority. Policies Affecting Proposal By-law No adopted Council s Corporate Strategic Plan. Specifically Goal B1.1 states, Streamline business licensing and permitting processes to facilitate business expansion and development. By-law No as amended is the current Business Licensing By-law. By-law No is the Accountability and Transparency Policy, which requires the municipality to be responsible to its stakeholders for decisions made, and policies implemented and actively encourages and fosters stakeholder participation and openness in its decision making processes. In accordance with this policy it is recommended that consultation with current licence holders and members of the public proceed prior to Council making a final decision on adopting the by-law. Comments from Relevant Departments/Community and Corporate Partners The draft by-law has been reviewed by a staff working group comprised of staff from the Fire Department, By-law Enforcement, Building, Planning, CAO s office and Legal and Legislative Services. This group has made many valuable suggestions and contributions that are reflected in this draft. Alternatives Council can choose to make no changes to By-law No Conclusion Following the public consultation, staff will report back on the input received and any recommended changes to the by-law arising from that consultation Attachments Appendix 1 Draft by-law Appendix 2 CAO Appendix 3 By-law (distributed under separate cover and available at under Town Services Forms and downloads - Clerks).

4 APPENDIX 1 TO REPORT NO. CS The Municipal Corporation of the Town of Fort Erie BY-LAW NO. DRAFT-08 BEING A BY-LAW TO ESTABLISH A SYSTEM OF LICENCES FOR VARIOUS BUSINESSES IN THE TOWN OF FORT ERIE AND TO REPEAL BY-LAW NO AND WHEREAS pursuant to the provisions of Part IV of the Municipal Act, S.O. 2001, c.25 as amended ( the Act ) a local municipality may pass by-laws to provide for a system of licences with respect to a business, and WHEREAS pursuant to the provisions of Part XII of the Act, a local municipality may pass bylaws to impose fees or charges on persons for services or activities provided or done by on behalf of it, and WHEREAS Report No. CAO was approved at the Council-in-Committee meeting of October 15, 2007 as follows: THAT: Council receive Report No. CAO as the report of the Business Licencing Working Group, and further THAT: Council direct staff to proceed with the implementation of the process improvements outlined in the report, and further THAT: The Town Solicitor be directed to prepare a new business licencing bylaw. WHEREAS Report No. CS- -08 was approved at the Council-in-Committee meeting of as follows: THAT: THAT: THAT: WHEREAS notice of the public meeting was published in The Times on, The Shopper on and posted on the Town s website commencing, and WHEREAS the public meeting was held on, and WHEREAS at the Council-in-Committee meeting of March 17, 2008 Report No. CS was approved directing consideration of the business licence by-law at the Council meeting of.

5 BY-LAW NO. DRAFT-08 PAGE TWO NOW THEREFORE the Council of the Town of Fort Erie hereby enacts as follows: PART 1 SHORT TITLE 1.1 The Short Title of this by-law shall be the Business Licencing By-law. PART 2 DEFINITIONS 2.1 For the purposes of this by-law: Appeals Committee means an Appeals Committee for the purpose of this by-law comprised of three (3) Members of Council and two alternates who shall hear any appeals under this by-law; applicant means a person seeking a licence or renewal of a licence or a person whose licence is being considered for revocation or suspension; and includes a licensee; (c) business means any business wholly or partly carried on within a municipality even if the business is being carried on from a location outside the municipality and includes: (i) trades or occupations, (ii) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise, (iii) the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader, (iv) the display of samples, patterns or specimens of goods for the purpose of sale of hire. but does not include (d) (e) (f) (g) (h) (i) a manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail; (ii) the sale of goods by wholesale; or (iii) the generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources; (iv) those businesses that municipalities are prevented from licencing as set out under O.Reg. 583/06 and other Regulations enacted from time to time; and Clerk means the Town Clerk or Deputy Town Clerk of the Town of Fort Erie or designate; Council means the Municipal Council of the Town of Fort Erie; Fire Chief means the Fire Chief or Deputy Chief of the Town of Fort Erie or Fire Inspector, or designate; holiday has the same meaning as in the Legislation Act, S.O. 2006, c.25, Schedule F ; licence means a licence issued under this by-law;

6 BY-LAW NO. DRAFT-08 PAGE THREE (i) (j) (k) (l) (m) (n) (o) licencee means person who is the holder of the licence issued pursuant to this bylaw; Medical Officer of Health means the Medical Officer of Health for the Regional Municipality of Niagara or designate, and includes a public health inspector; Officer means any Town employee authorized by the Council to enforce the provisions of any by-law or to conduct inspections in relation to this by-law, or any police officer, Provincial Offences Officer or Medical Officer of Health or designate; person means a natural person, a sole proprietorship, a partnership, a body corporate, an unincorporated association, a trust and the heirs, executors, administrators, successors and assigns or other legal representatives thereof; place of business means any land, including, a building or part of building, structure or installation and also includes any vehicle, vessel or conveyance where a person carries on or engages in the operation of a business; repealed by-law means By-law No , as amended; Town means the Town of Fort Erie. PART 3 - INTERPRETATION 3.1 This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law. 3.2 Where the time for doing any act or taking any proceeding expires on a holiday, the act or proceeding may be done or taken on the next day there is not a holiday. 3.3 Words in the singular include the plural and words in the plural include the singular. 3.4 Where notice is sent by pre-paid mail, the date of service is the date of the next day that is not a holiday, following the date of mailing. 3.5 Reference to the repealed by-law in any document shall be deemed to be reference to this bylaw with necessary modifications. 3.6 When any requirement of this by-law is at variance with any other by-law in effect in the Town or with any applicable Provincial or Federal statue or regulation, the more restrictive requirements shall apply unless otherwise stated in such legislation. 3.7 It is hereby declared that notwithstanding that any part of this by-law, or parts thereof, may be found by any Court of law to be invalid or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this by-law are separate and independent therefrom and enacted as such. PART 4 - LICENCES REQUIRED 4.1 There shall be taken out by every person carrying on a business set out in Schedule A of this by-law a licence issued by the Town authorizing them to carry on business in the Town. 4.2 The requirement to obtain a licence applies to every business set out in Schedule A to this bylaw, carried on wholly or partly within the Town, even if the business is being carried on from a location outside the Town.

7 BY-LAW NO. DRAFT-08 PAGE FOUR 4.3 A licence shall be required for each separate place of business provided that a warehouse incidental to the conduct of a business and used only for such purpose shall not be considered a separate place of business. 4.4 A person who receives a licence for a business set out in Schedule A to this by-law must comply with the regulations set out in the schedules to this by-law applicable to the business being carried on. 4.5 No person shall carry on any business for which a licence is required under this by-law unless that person has first obtained a licence from the Clerk. 4.6 No person shall carry on any business for which a licence is required under this by-law: If the licence has expired or been revoked, or While the licence is under suspension. PART 5 - ADMINISTRATION APPLICATION FOR A LICENCE 5.1 The Clerk is authorized to administer the provisions of this by-law, including approval of applications and issuance of licences, and may delegate the performance of his/her functions from time to time as the occasion requires. 5.2 An application for a licence or renewal of a licence shall be submitted to the Clerk on the form provided by the Clerk. 5.3 Every applicant shall provide in full, at the time the application is submitted, all of the information requested on the application form as well as: Payment of the prescribed fee set out in Schedule A to this by-law, Any other document or information as may be required in any other part or schedule of this by-law, (c) Such additional information as the Clerk may direct to be furnished. 5.4 No person shall give false or incorrect information for the purpose of obtaining a licence. 5.5 Upon receipt of a complete application for a licence and the prescribed fee, the Clerk shall: Stamp the application with the date and time of receipt and process applications in the order in which they were received, Review the application to determine whether it meets all of the general requirements set out in Part 7, and any special conditions set out in the applicable schedule for that business, (c) Circulate the application to the departments and agencies set out in the applicable schedule for that business. 5.6 Where an application is circulated to a department or agency in accordance with the applicable schedule for that business, the department or agency may require an inspection of the proposed place of business, and the applicant may be subject to additional investigations or approvals by such departments or agencies. 5.7 No licence shall be issued to any person in respect to any place of business in which the carrying on or operation of the business for which the application is being made is in contravention of any by-law of the Town, Region or Police Services Board, or any applicable Provincial or Federal legislation, including standards and requirements with respect to the

8 BY-LAW NO. DRAFT-08 PAGE FIVE qualifications of the persons carrying on or engaged in the business and with respect to the vehicles and equipment used for the purposes of the business. 5.8 Despite Section 5.7, a conditional licence may be issued to the applicant if it is determined that there are deficiencies that are minor in nature, are not likely to be a danger to the public and can be remedied within a specified time in order to come into compliance. 5.9 Any conditional licences shall clearly state the duration of the temporary licence, and if the applicant fails to come into compliance within the time specified then the licence shall be null and void. ISSUANCE OF LICENCE 5.10 If it is determined that an application meets the requirements of this by-law the Clerk shall issue a licence to the applicant The Clerk shall sign all licences or his/her signature may be mechanically or electronically reproduced upon such licence The licence shall be numbered and include: the name of the applicant, the business of the applicant, (c) the address of the business, (d) the category of the business licence, (e) the date of issuance of the licence, (f) the date of expiration of the licence, (g) the make, model, serial number and motor vehicle registration number, if applicable, (h) the word conditional, if applicable, (i) the word duplicate, if applicable 5.13 A licence issued under the provisions of this by-law shall be valid only for the period of time for which it was issued in accordance with the term of expiry set out in the applicable schedules for that business A duplicate licence may be issued by the Clerk to replace any licence previously issued which has been lost, stolen or destroyed, upon receipt of an affidavit to that effect, furnished by a person having personal knowledge of the loss or destruction of the licence. LICENCE RENEWALS 5.16 The applicant shall, on the renewal of a licence; Apply on or beyond the expiry date out in the licence, up to and including the 30 th day after the expiry date, File where applicable, any or all of the following: (i) (ii) proof of insurance, a safety standards certificate, except in the case of a new vehicle obtained directly from a motor vehicle agency within three (3) months from the effective date of the motor vehicle registration, or

9 BY-LAW NO. DRAFT-08 PAGE SIX (iii) leasing agreement for the motor vehicle, and exhibit, where applicable, Ontario Motor Vehicle Registration Permits for the licence period for which the renewal is applied for, issued pursuant to the Highway Traffic Act. (c) Disclose any changes to the information submitted with the initial application, (d) Disclose any modifications made to the place of business since the initial application, (e) Pay the prescribed fee set out in Schedule A to this by-law In the event of an applicant not renewing the licence on or before the thirtieth day after its expiration, the applicant s licence is null and void and the applicant shall apply for a new licence and shall pay at the time of application the licence fee and the late fee set out in Part Sections 5.1 to 5.14 inclusive apply with necessary modifications to the renewal of licences The Clerk may renew the licence upon being satisfied that no new information requires further investigation and there is no report in writing in the file to the effect that the applicant has failed to comply with any provision of this by-law, or where applicable, a condition on which the initial licence was issued. PART 6 - FEES 6.1 Licence fees shall be the amount set out in Column 2 of Schedule A opposite the description of the licence set out in Column 1 of Schedule A. 6.2 A late payment charge of $20.00 shall be added to the licence fee for those renewal applications received after the thirtieth day after expiry of the initial licence. 6.3 The licence fees shall be automatically adjusted for inflation on that day and on or about January 1 st of every year thereafter by the Director of Corporate Services of the Town based on the September to September increases (or decreases) in the Consumer Price Index, and rounded up or down as the Director of Corporate Services deems appropriate. Provided further that the Director of Corporate Services may consider previous index changes, and previous fee adjustments or non-adjustments. The Director of Corporate Services shall inform Council of these annual adjustments, and this by-law shall be deemed to have been amended accordingly on or about January 1 st of each year. PART 7 - GENERAL REQUIREMENTS 7.1 Every initial licence, and every renewal thereof, is subject to the following conditions of obtaining, continuing to hold, and renewing a licence, all of which shall be performed and observed by the applicant, or by the operator of the business: (c) The applicant shall pay the applicable licence fee, The applicant shall allow, at any reasonable time, the Town to inspect the place of business and the equipment, vehicles and other personal property used or kept for hire in the carrying out of the business, The place of business shall be in compliance with the requirements of the Building Code Act, 1992 and regulations thereunder, the Fire Protection and Prevention Act, 1997 and the regulations thereunder, and any by-law of the Town prescribing standards for the maintenance and occupancy of property within the Town,

10 BY-LAW NO. DRAFT-08 PAGE SEVEN (d) (e) (f) (g) Where the place of business is altered and a building permit is required to carry out the alterations, the place of business, as altered, shall be in accordance with the Building Code Act, 1992 and the regulations thereunder, and any by-law of the Town prescribing standards for the maintenance and occupancy of property within the Town, The use of the place of business for the purpose of the business is permitted or conforms with the requirements of the applicable zoning by-law unless the place of business was lawfully used for this purpose on the day of the passing of the zoning bylaw, The applicant shall not carry on activities that are in contravention of this or any other by-law or Provincial or Federal law, The applicant shall not fail to pay any part of a fine for a contravention of this by-law after the fine becomes due and payable under Section 66 of the Provincial Offences Act, including any extension of time for payment ordered under that section. 7.2 No person licenced under the provisions of this by-law shall fail to maintain, on a continuous basis, the standards and requirements that were necessary to obtain the original approval of the licence application, or have been imposed since the issuance of the licence. 7.3 The requirement of obtaining a licence under this by-law is in addition to and not in substitution of any other requirement to obtain a licence or licences or other regulatory approvals under any other Federal, Provincial or municipal requirements. 7.4 Every person licenced under this by-law shall be responsible for the act or acts of any of his or her employees or any person associated with the applicant in the carrying on of any of the businesses authorized by the licence in the same manner and to the same extent as though such act or acts were done by the applicant. 7.5 No person licenced to carry on a business under this by-law shall advertise or carry on such business under any other name than the one endorsed on his or her or its licence. PART 8 - INSURANCE 8.1 Every proof of insurance required pursuant to the provisions of this by-law shall be kept in force by the applicant for the period for which the licence is in effect inclusive of any renewal thereof. 8.2 No applicant who is required to file proof of insurance with the Clerk shall fail to maintain in force and to renew the same in a timely manner and to pay the premium due thereon. 8.3 The Clerk shall, upon receipt of notice that a policy of insurance is to expire on a stated date, notify the applicant that unless further proof of insurance is filed on or before that day his or her licence will be suspended coincidently with the expiration of the policy of insurance. PART 9 - NOTIFICATION OF CHANGES 9.1 Every applicant shall notify or cause to be notified the Clerk in writing within fifteen (15) days of the happening of the following events:

11 BY-LAW NO. DRAFT-08 PAGE EIGHT (c) (d) (e) Any change in the applicant s address or telephone number, Sale, transfer or termination of the business, Retirement, In the situation where the applicant provided the name and address of his or her business affiliate or employer, any change in the named business affiliate or employee, or, Any change in address, telephone number or Ontario licence plate number or a motor vehicle that is registered with the Ontario Ministry of Transportation and any change of motor vehicle ownership and appropriate insurance endorsement. 9.2 In the case of the death of the applicant, the person administering the estate should notify or cause to be notified the Clerk in writing. PART 10 - LICENCE DISPLAY 10.1 An applicant shall display the licence permanently in a prominent place in her or her place of business, so as to be visible to the public In the case of vehicles and other equipment used for the purposes of the business, an applicant shall display the licence or evidence of the licence prominently on each vehicle and other equipment, so as to be visible to the public An applicant who does not have a place of business shall carry the licence on their person at all times while carrying on the business. PART 11 - LICENCING RECORDS 11.1 Any application, comment, recommendation, information, document or thing in the possession of the Clerk pursuant to the provisions of this by-law shall be made available by the Clerk for an inspection: By any person employed in the administration or the enforcement of this by-law, and By any person upon the consent, satisfactory to the Clerk, of the person, civic department, board, commission, authority or other agency which produced or submitted the application, comment, recommendation, information, document or thing; subject only to the limitations imposed by the Municipal Freedom of Information and Protection of Privacy Act. PART 12 - NO VESTED RIGHT TRANSFER PROHIBITED 12.1 No person shall enjoy a vested right in the continuance of a licence and upon issuance, renewal, cancellation or suspension, a licence shall remain the property of the Town Every licence, at all times, is owned by and is the property of the Town and is valid only in respect of the person and the place of the business or of the person named therein and for the nature of business stated in the licence, and no licence may be sold, purchased, leased, mortgaged, charged, encumbered, assigned, pledged, transferred, seized, distrained or otherwise dealt with.

12 BY-LAW NO. DRAFT-08 PAGE NINE PART 13 - INSPECTION AND ENFORCEMENT 13.1 The enforcement of this by-law is assigned to the members of the Niagara Regional Police Service and to the Municipal Law Enforcement Officers appointed by the Town but any Officer with a duty to enforce under any statute or this by-law shall do so accordingly Every person carrying on a business for which a licence may be required under this by-law shall allow, at any reasonable time an officer, an employee or agent of the Town authorized by the Clerk to inspect their place of business and any other premises, equipment, vehicles or property used for purposes related to the business, other than a room or place actually being used as a dwelling, to determine compliance with the requirements of this by-law Except under the authority of a search warrant under the Provincial Offences Act or in accordance with the provisions of Section 43 of the Municipal Act, 2001, any person exercising a power of entry on behalf of the Town under this by-law shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made then only under the authority of a search warrant No person shall obstruct, hinder or otherwise interfere with an officer or authorized employee or agent of the Town while carrying out an investigation, making inquiries, or performing an inspection for the purposes of enforcing this by-law PART 14 - REFUSAL, REVOCATION AND SUSPENSION OF LICENCES REFUSAL TO ISSUE OR RENEW LICENCE 14.1 The Clerk shall refuse to issue to the applicant the licence applied for or renew any licence if the conditions for issuance in Part 5 have not been met The Clerk may refuse to issue to the applicant the licence applied for or renew any licence if the applicant has been previously convicted of an offence under any provision of this by-law or any other municipal, Provincial or Federal statute or regulation relating to the operation the business. REVOCATION OR SUSPENSION 14.3 The Clerk shall give the applicant written notice of the refusal to issue the licence or renewal applied for by registered mail to the applicant at the address shown on the application together with the reasons for such refusal The Clerk may at any time revoke, suspend or impose any conditions upon any licence issued to any person under this by-law: Where any determination is made that the licence does not comply with any provision of this by-law, or any other municipal, Provincial or Federal statute or regulations applicable to the operating of the business,

13 BY-LAW NO. DRAFT-08 PAGE TEN (c) (d) When the licensee is convicted of an offence under any provision of this by-law, or any other municipal, Provincial or Federal statute or regulation with respect to the operating of the business, Upon recommendation from the Appeals Committee respecting the licencees business practices or standards, Where the licence was issued incorrectly based on incorrect or incomplete information provided by the licencee, When a licence is voluntarily surrendered by the licencee for revocation Prior to suspending or revoking a licence, the Clerk shall provide the applicant notice by registered mail with the reasons for the suspension and an opportunity to respond to them Notwithstanding Section 14.4, the Clerk may immediately and without notice suspend a licence when advised by a member of the Niagara Regional Police Service, the Fire Chief, Medical Officer of Health or the Town s Chief Building Official that there is an immediate danger to public health or safety When a licence has been suspended or revoked, no person shall refuse to deliver the licence to the Clerk or shall in any way prevent or hinder the Clerk from receiving or taking the same No licensee shall operate or carry on the business for which the licence was issued while the licence is under suspension. PART 15 - APPEAL COMMITTEE 15.1 A person whose application for a new licence or a renewal of a licence has been refused or a person whose licence has been suspended or revoked may within fifteen (15) days of being notified of the Clerk s decision, request a hearing before the Appeals Committee for a review of the decision Any request for a hearing shall be in writing accompanied by an appeal fee of $ The rules set out in the Statutory Powers Procedure Act, shall apply to hearings conducted by the Appeals Committee Where the Clerk receives a written request for a hearing, the Clerk shall schedule a hearing before the Appeals Committee and shall provide notice of the hearing to the applicant or licencee. The notice of the hearing shall: Contain the reasons for the refusal, suspension or revocation, Specify the time, place and purpose of the hearing of the Appeals Committee at which the proposed refusal, suspension or revocation will be considered, (c) Inform the affected applicant or licencee that he/she is entitled to attend the hearing and make submissions and that, in his/her absence, the Appeals Committee may proceed to okay the matter, and that the applicant or licencee will not be entitled to any further notice in the proceedings,

14 BY-LAW NO. DRAFT-08 PAGE ELEVEN (d) (e) Afford the applicant or licencee a reasonable opportunity, before the hearing, to show or achieve compliance with all lawful requirements for the retention of the licence, and Be given a least fifteen (15) days notice prior to the date of the Appeals Committee hearing At a hearing, the Appeals Committee: (c) (d) (e) (f) (g) Shall afford the applicant or licencee or their representative an opportunity, at the hearing, of making submissions in respect of the matter that is the subject of the Committee s proceedings; Shall afford any person, municipal department, board, commission, authority or agency in attendance at the hearing, or any other person in the discretion of the Committee, an opportunity to make submissions in respect of the matter that is the subject of the Committee s proceedings; May close a portion of the hearing to the applicant or licencee only for the purpose of receiving confidential legal advice; May close all or a portion of the hearing to the public if the Committee is of the opinion that intimate financial or personal matters may be disclosed of such a nature, having regards to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest, outweighs the desirability of adhering to the principle that the hearing be open to the public; Shall give due consideration to the submissions made to it; Shall take such action to refuse, suspend or revoke the application or licence, or not to refuse, suspend or revoke the application or licence, or impose such conditions as the Appeals Committee considers proper in the circumstances; Shall give notice of its decision to the Clerk, to the applicant or licencee, and to any person, municipal department, board, commission, authority or agency in attendance at the hearing, together within the reasons for its decision within seven (7) days of the date of the completion of the hearing Decisions of the Appeals Committee are final. PART 16 - OFFENCES AND PENALTIES OFFENCES 16.1 Every person who contravenes any provision of this by-law, including any Schedule thereto, is guilty of an offence Every director or officer of a corporation who concurs in the contravention by the corporation of any provision of this by-law, including any Schedule hereto, is guilty of an offence Pursuant to Section 441 of the Municipal Act 2001 if any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under Section 66 of the Provincial Offences Act, including any extension of time for payment ordered under that section, the Town Treasurer or his or her designate may give the person against whom the fine was imposed written notice specifying the amount of the fine payable and the final date

15 BY-LAW NO. DRAFT-08 PAGE TWELVE on which it is payable, which shall be not less than 21 days after the date of the notice. The notice shall be sent by registered mail to be delivered to that person at the person s residence or place of business If the fine referred to in Subsection (4) herein remains unpaid after the final date on which it is payable as specified in the notice, the fine shall be deemed to be unpaid taxes for the purpose of Section 351 of the Municipal Act, PROHIBITION ORDER 16.5 When a person has been convicted of an offence under this by-law, the Ontario Court of Justice, or any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted. PART 17 - DELEGATION OF ADULT ENTERTAINMENT PARLOURS 17.1 The licencing of adult entertainment parlours, owners, operators and entertainers shall be delegated to the Niagara Regional Police Service in accordance with the Municipal Act, PART 18 - EXEMPTIONS 18.1 Market vendors holding permits and operating in the Ridgeway Farmer s Market in accordance with the Market rules and regulations adopted by the Ridgeway Business Improvement Area Board of Management, are not required to obtain a licence under this by-law for that place of business The requirement to obtain a licence under this by-law does not apply to a business carried on as a home occupation provided the use is permitted and conforms with the requirements of the applicable zoning by-law The requirement to obtain a licence under this by-law does not apply to a farmer or market gardener selling in season produce of his/her own farm or garden at his/her own property The requirement to obtain a licence under this by-law does not apply to those persons or classes of business that are exempt in a schedule to this by-law. PART 19 - REPEALED BY-LAWS 19.1 By-law No and By-law No are hereby repealed on the day this by-law comes into force and effect. PART 20 - TRANSITION PROVISIONS 21.1 The repeal of By-law No , as amended does not affect the validity of any licence issued pursuant to that by-law.

16 BY-LAW NO. DRAFT-08 PAGE THIRTEEN 21.2 Licence renewals and any proceedings to revoke or suspend a licence issued under the repealed by-law shall be conducted in conformity to this by-law. PART 21 - MINOR CORRECTIONS 21.1 Pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law. PART 22 - EFFECTIVE DATE OF BY-LAW 22.1 This by-law shall come into force and effect on the 1 st day of May, READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS DAY OF, MAYOR CLERK I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. DRAFT-08 of the said Town. Given under my hand and the seal of the said Corporation this day of, 200.

17 SCHEDULE A TO BY-LAW NO. DRAFT-08 BUSINESSES REQUIRING LICENCES BUSINESS LICENCE FEE REGULATIONS Amusement Arcade $ per annum See Schedule 1 Bed & Breakfast $ bi-annual See Schedule 2 Bill Distributors $ per annum See Schedule 3 Eating Establishments and $ per annum See Schedule 4 Food Premises Hawkers & Pedlars Class 1 Class 2 Class 2-2 $63.00 per annum $77.00 per annum $ per annum See Schedule 5 Personal Services $ per annum See Schedule 6 Pet Services $ per annum See Schedule 7 Refreshment Units stationary $ per annum See Schedule 8 Refreshment Units - mobile $ per annum Residential Emergency Hostel $ per annum See Schedule 9 Sale of Fireworks $ per annum See Schedule 10 Second Level Lodging $ per annum See Schedule 11 Based on the Consumer Price Index fees subject to change on a yearly basis

18 Page 1 of 3 THE CORPORATION OF THE TOWN OF FORT ERIE SCHEDULE 1 - By-law No. DRAFT-08 AMUSEMENT ARCADES 1. DEFINITIONS In this Part: amusement machine means any mechanical, electronic or computerized machine, or device, or any combination thereof intended for use as a game, entertainment or amusement and shall include: (i) pinball machines, television games, shooting galleries or other similar devices, but shall not include, billiards, games of chance as defined by the Criminal Code, or any machine used only for the purpose of vending merchandise, or services or playing recorded music; (c) amusement arcade means any premises, part thereof, or separate part of a premises, in which are located three or more amusement machines but does not include any premises, part thereof or separate part thereof that is licenced under the Liquor Licence Act; amusement park means a facility, open to the public, used in connection with a carnival, fair, shopping centre, resort, park or place of entertainment where amusement devices are provided. 2. APPLICATION CIRCULATION 1. Niagara Regional Police Service 2. Town Planning Department 3. Town Building Department 4. Town Fire Department S-1

19 Page 2 of 3 SCHEDULE 1 - AMUSEMENT ARCADES 3. CONDITIONS 3.1 No initial licence shall be issued until the Clerk has received satisfactory written confirmation from the Niagara Regional Police Service, Town Planning Department, Town Building Department, Town Fire Department that the applicant complies with all applicable legislation and safety requirements. 3.2 The Applicant shall include the number of amusement machines proposed to be installed or provided in the place in respect of which the application is made; 3.3 Every holder of a licence shall ensure that: (c) (d) (e) (f) (g) There is an employee who is at least eighteen (18) years of age on the licenced premises at all times when amusement machines are available for play, who will be responsible for supervising, overseeing and maintaining orderly conduct within the building or part thereof which contains the amusement machines; The amusement arcade remains closed except during the following times: Monday to and including Thursday, from 10:00 a.m. to 11:00 p.m. Friday, from 10:00 a.m. to 12:00 midnight Saturday, from 10:00 a.m. to 12:00 midnight, and Sunday, from 12:00 noon to 11:00 p.m.; No person under the age of 16 years plays any amusement machine between the hours of 9:00 a.m. and 4:00 p.m. on any school day; No person under the age of 16 years plays any amusement machine, unless accompanied by a parent or guardian after 9:00 p.m. on any business day; The amusement arcade shall be kept in a clean and sanitary condition at all times, and provide a minimum of two waste receptacles which shall be cleared at least once a day; All amusement machines are within the premises; No external sound system broadcasting music or any other sound is used or permitted to be used; S-1

20 Page 3 of 3 SCHEDULE 1 - AMUSEMENT ARCADES (h) (i) No internal sound system broadcasting music or any other sound is used or permitted to be used so as to be heard from outside the premises, by members of the public; No person loiters, creates a disturbance or causes undue noise while on the premises; (j) (k) (l) No glass or transparent surface of any door or window is obstructed in such a way as to prevent a person from the exterior from looking into the premises, without actually having to enter upon the premises; Only amusement machines which have been approved by the Electrical Safety Authority or Canadian Standards Association (C.S.A.) and which display the prescribed approval sticker are available for the public to use within the licenced premises; There are bicycle racks provided on site and that at no time shall bicycles used by patrons of the amusement arcade be left on the street or sidewalk; S-1

21 Page 1 of 3 THE CORPORATION OF THE TOWN OF FORT ERIE SCHEDULE 2 - By-law No. DRAFT-08 BED AND BREAKFAST ESTABLISHMENTS 1. DEFINITIONS In this Part: bed and breakfast means a single detached dwelling or portion thereof where persons are harboured, received or lodged for hire for a single night or for less than one week at one time by the owner of the dwelling or head lessee but does not include any type of institutional dwelling, hotel, motel or a tourist establishment; dwelling means the home or part of the home of the owner or head lessee of a bed and breakfast establishment. 2. CONDITIONS 2.1 Every person prior to operating a bed and breakfast, shall make application to the Town Clerk for a bed and breakfast licence, which shall include: A description of the dwelling with the bed and breakfast rooms to be identified therein by name, number and physical description; 2.2 Prior to filing the application and fee for an initial or renewal licence, the applicant shall obtain written confirmation from the following departments or agencies that the business complies with all applicable regulations and shall attach confirmation to the application: For an initial licence 1. Regional Municipality of Niagara Public Health Department 2. Town Planning Department 3. Town Building Department 4. Town Fire Department 5. Electrical Safety Authority S-2

22 Page 2 of 3 SCHEDULE 2 BED AND BREAKFAST ESTABLISHMENT For the renewal of a licence: 1. Regional Municipality of Niagara Public Health Department 2. Town Fire Department 2.3 Every person applying for a bed and breakfast licence shall comply with the following requirements: Pursuant to the Zoning By-law of the Town all bed and breakfasts shall be located in a single detached dwelling; No person shall use a dwelling solely for the purpose of a bed and breakfast; (c) Every licencee of a bed and breakfast shall ensure that it is the principal residence occupied on a full-time basis by: (i) the owner of the dwelling; (ii) the lessee of the dwelling who has a minimum one year lease; or (iii)a member of the family of the person described in (i) or (ii); 2.4 No more than three (3) bedrooms shall be available for hire in any bed and breakfast occupying no more than eight (8) guests in total. 2.5 A minimum of one (1) parking space per guest room must be provided on the same lot, in addition to the parking space required for the dwelling, but required on site parking spaces may be provided in tandem. 2.6 Every operator of a bed and breakfast shall provide one (1) washroom containing at least one (1) toilet, one (1) washbasin and one (1) tub or shower for the exclusive use of the guests and such facility shall be located on the same floor as the majority of the rooms available for hire. An adequate supply of clean towels and hot and cold running water shall be provided free of charge. 2.7 In addition to compliance with the relevant provincial and municipal regulations every licencee of a bed and breakfast shall ensure that the dwelling is operated in accordance with the following provisions: S-2

23 Page 3 of 3 SCHEDULE 2 BED AND BREAKFAST ESTABLISHMENT (c) (d) (e) (f) Breakfast may be provided by the licensee of the bed and breakfast but no other meals may be provided. In addition, there shall be no cooking in the guest rooms; Rates for the guest rooms shall be set forth on a card which shall indicate the room is licenced by the Town. Such notice shall be posted on the back of the door of each licensed room or in a conspicuous place within the room; Each bed shall have its linens changed after each guest has completed his/her stay or once every two (2) days, whichever is lesser; Only a plate or a sign advertising the bed and breakfast measuring no more than 0.2 square metres shall be affixed to the outside of the dwelling or posted in the front yard or exterior side yard within the limits of the property and no other sign shall be permitted; Every licencee shall maintain a daily record of the guests lodging at the bed and breakfast including arrival date, departure date, room number, name, address, telephone and vehicle licence plate number of the guest; Every licencee who has a swimming pool within the limits of the property, shall not make the swimming pool available to guests unless approval has been granted by the Health Department, in writing; S-2

24 Page 1 of 1 THE CORPORATION OF THE TOWN OF FORT ERIE SCHEDULE 3 - By-law No. DRAFT-8 BILL DISTRIBUTORS 1. DEFINITIONS In this Part: (c) bill means pamphlets, handbills, circulars, advertising papers or other forms of printed material; bill distributors includes any person who delivers bills or permits or causes bills to be delivered to any place or from door to door within the Town; newspaper means a printed publication in sheet form, published regularly at intervals of not longer than a week, consisting substantially of current events or articles of general interest. 2. CONDITIONS 2.1 No person distributing bills shall deposit the bills anywhere except in mail slots or boxes or between the inside and outside doors of a building and in particular, no person shall deposit bills in or on any motor vehicles. 2.2 Notwithstanding Section 2.1 above, where there are no mail slots or boxes or (open) screen doors on the property, the person distributing the bills may leave the bill on the front porch or hang it on the door handle. 2.3 No licence shall be required by a person who works only as an employee or subcontractor of the person licenced. 3. EXEMPTIONS 3.1 The requirement to obtain a bill distributor licence does not apply to the distribution of newspapers. S-3

25 Page 1 of 1 THE CORPORATION OF THE TOWN OF FORT ERIE SCHEDULE 4 - By-law No. DRAFT-08 EATING ESTABLISHMENTS AND FOOD PREMISES 1. DEFINITIONS In this Part: eating establishment means a place of business where food or drink are prepared or sold for human consumption in a form that will permit immediate consumption on the premises or elsewhere but does not include a licenced refreshment unit, bed and breakfast, residential emergency hostel or second level lodging; food premise means a place of business where food stuffs intended for human consumption are manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale but does not include licenced refreshment unit, bed and breakfast, residential emergency hostel or second level lodging; (c) food stuffs means a substance meant for human consumption as food or drink, and includes an ingredient of food or drink; 2. APPLICATION CIRCULATION 1. Regional Municipality of Niagara, Public Health Department 2. Town Planning Department 3. Town Building Department 4. Town Fire Department 3. CONDITIONS 3.1 No initial or renewal licence shall be issued until the Clerk has received satisfactory written confirmation from the Regional Municipality of Niagara, Public Health Department and Town Fire Department that the applicant complies with all applicable legislation and safety requirements. S-4

26 Page 1 of 3 THE CORPORATION OF THE TOWN OF FORT ERIE SCHEDULE 5 - By-law No. DRAFT-08 HAWKERS AND PEDLARS 1. DEFINITIONS In this Part: hawker or pedlar means any person who goes from place to place or who has an employee or agent who goes from place to place, or to a particular place (i) with goods, wares or merchandise for sale, or who carries and displays samples, patterns or specimens of any goods, wares or merchandise for which orders are taken and that are to be delivered in the Town afterwards, and (ii) promoting the sale of goods, wares or merchandise by encouraging individuals to come to a person s regular place of business; local business shall mean any business which sells or offers for sale goods, wares or merchandise at a building or structure located within the Town which is subject to property tax. 2. CLASSES 2.1 The following classes of Hawker or Pedlar are hereby established: Class 1 Door to Door Sales and Sales Person Shall include any business, person or organization that has sales conducted on his/her or its behalf by door to door solicitation. Shall include any person involved with the sale of goods on a door to door basis including sales persons or agents and any person supervising or managing the sale or sales persons Class 2 Temporary Sales Shall include temporary sales or businesses for a period of up to three (3) months in any one year from one specific location where the use is permitted under the Zoning By-law and may include the use of a temporary structure where the use is permitted in the Zoning By-law. S-5