THE CORPORATIONOF THE CITY OF THOROLD BY-LAWNO. 09-2013 BEING A BY-LAWTO PROVIDE FOR THE LICENSING, REGULATINGAND INSPECTIONOF BED AND BREAKFASTACCOMMODATIONOTHER THAN A HOTEL OR MOTEL IN THE CITY OF THOROLD WHEREAS section 151 of the Municipal Act, 2001, S.O. 2001, C.25, as amended, provides that a municipality may enact by-laws for the licensing, regulating and governing of any business wholly or partly carried on within the municipality; AND WHEREAS the Council of The Corporation of the City of Thorold has reviewed its requirements to licence and regulate the owners and operators of Bed and Breakfast Establishments and considers it advisable to amend applicable fees; AND WHEREAS the Council of The Corporation of the City of Thorold approved the recommendations of Report CCZO13-02 at a Council meeting held on January 15, 2013 to amend applicable fees. NOW THEREFORE THE COUNCILOF THE CORPORATIONOF THE CITYOF THOROLD ENACTS AS FOLLOWS: SECTION 1 GENERAL PROVISIONS 1.1 SHORT TITLE 1.1.1 This by-law shall be known as the Bed and Breakfast by-law". 1.2 DEFINITIONS 1.2.1 In this by-law: (1) Bed and Breakfast and Bed and Breakfast Establishment means a Single Detached Dwelling which is the principal residence of the proprietor and which provides sleeping accommodation for the travelling public, to a maximum of three (3) guest Rooms and may include the provision of Breakfast, but shall not include a Hotel/Motel, as those terms defined In the Comprehensive Zoning by-law of the City; (2) Breakfast" means a meal served between the hours of 6:00 am and noon local time; (3) Building" means a structure, whether permanent or temporary, having a roof supported by columns or walls or supported directly on the foundation and used for accommodation, shelter or storage of people, animals or goods but shall not include a fence, trailer, truck camper, motor home, or tent; (4) City means The Corporation of the City of Thorold or the land within its geographical boundaries, as the context requires;
Page 2 (5) (5) Clerk means the City Clerk of The Corporation of the City of Thorold, or in their absence, the Person performing the duties of the City Clerk; Council means the Council of the City of Thorold; (7) Dwelling means a building or portion thereof designed residential occupancy, but excluding a hotel/motel; for (8) (9) (10) (11) (12) DwellingUnit means a room or suite of rooms, occupied or capable of being occupied as a single independent and separate housekeeping establishment; Officer" means a Municipal Law Enforcement Officer, A Building Inspector, a Fire Chief, a Deputy Fire Chief, a Fire Prevention Officer or a Health Inspector or other Person appointed or employed by the City for the enforcement of bylaws and includes both Police and Peace Officers; Operating means the offering or providing of accommodation for hire, the accepting of reservations or the allocation of Rooms, and Operate has a corresponding meaning; Person means and includes a corporation, a partnership and the heirs, executors, administrators, successors and other legal representatives of a Person to whom the context can apply according to law, as well as an individual; Room means a singular space within a Dwellingcomprised of a floor, a ceiling and walls that is capable of being occupied and used by a Person(s). It may include such features as closets, cupboards and private sanitary facilities, a sitting area and only one Sleeping Area; (13) Service Provider means an owner and/or operator of a Bed and Breakfast; (14) Single Detached Dwelling means a building containing not more than one (1) dwelling unit; (15) Sleeping Area" means an area within a Room that contains a bed or beds and is not separated by walls containing doors; (16) Region means the Regional Municipalityof Niagara. 1.3 INTERPRETATION 1.3.1 The schedules annexed to this by-law shall form part of this bylaw. 1.3.2 In this by-law the numbering system shall be referenced in accordance with the following: (a) section subsection article sentence clause
Page 3 1.3.3 For the purpose of this by-law, unless the context requires otherwise: (1) words imparting the singular number shall include the plural and words imparting the masculine gender shall include the feminine and vice versa; (2) where a form of words or expression are prescribed in this by-law, deviations therefrom not affecting the substance or calculated to mislead, do not vitiate them. SECTION 2 2.1 2.1.1 2.1.2 2.1.3 APPLICABLEPROVISIONS PROHIBITIONS No Person shall use or Operate any Dwelling as a Bed and Breakfast Establishment unless they hold a current licence issued pursuant to this by-law. Submission of a Licence Application does not permit the applicant to Operate prior to receiving their licence; No Person shall rent Rooms in any Dwelling on a daily or weekly basis except under the authority of a licence issued pursuant to this by-law. In addition to the other provisions of this by-law, the Comprehensive Zoning By-law, Official Plan, Fire Code, Health Regulations and -the Ontario Building Code, a Bed and Breakfast Establishment shall be Operated in compliance with the following provisions: (1) No other meal than Breakfast may be served and no cooking shall be permitted in rented Rooms except that hors d oevres (light snacks), are permitted; Alcoholic beverages may only be served in compliance with the Liquor Licence Act, R.S.O. 1990, c. L19, as amended, the regulations thereunder and the following provisions: (8) the premises must not be licenced; (b) the alcoholic beverage must not be sold; (c) the costof the alcoholic beverage cannot be included in the price of the Room or accommodation and advertising of complimentary alcoholic beverages is prohibited; (d) the establishment shall not be a party to any event on the property which promotes, advertises or retails alcoholic beverages; (3) Rates for the Rooms shall be set forth in a card which will indicate that the Room is licenced for hire and posted in a conspicuous place within the Room; (4) Each Service Provider must keep a guest register in the form of either a day journal or a pre numbered guest registration form. The.Day journal shall have a separate date on each page with enough space provided for each guest to register in a designated Room. The pre numbered guest registration form is a separate form for each registered guest and
Page 4 indicates the Room assigned to the guest. The said registration form must also indicate the guests name, home address, and date of stay; (5) The Service Provider, upon request from an Officer between 8:00 am and 8:00 pm of any day, shall present the guest register for inspection by the requesting Officer. 2.2 2.2.1 2.2.2 2.2.3 SECTION 3 3.1 3.1.1 SIGNS The only sign permitted to be used to indicate a premises as a Bed and Breakfast Establishment shall be a Bed and Breakfast Accommodation Sign installed in accordance with the City of Thorold Sign by-law, as amended; No other sign advertising the existence of a Bed and Breakfast Establishment shall be used except one (1) Bed and Breakfast Accommodation Sign, pursuant to the City of Thorold Sign by-law, as amended; Upon expiry or revocation of the Bed and Breakfast Establishment licence, any sign issued by the City to the Service Provider shall be returned to the City within ten business (10) days of the expiry or issuance of written notice of revocation. LICENSING QUALIFICATION In order to obtain a licence to Operate a Bed and Breakfast Establishment and to continue to Operate such establishment thereafter, the Service Provider must comply with the following requirements: (1) the lands must be zoned to permit a Bed and Breakfast Establishment; (2) the Bed and Breakfast must be a secondary use to the Single Detached Dwelling; (3) the Bed and Breakfast Establishment must be fully serviced with water and sewage services approved by the City or Region; (4) a Bed and Breakfast Establishment is not permitted in combination with any other type of accommodation; (5) a Bed and Breakfast Establishment must front onto a public road; (5) a Bed and Breakfast Establishment must be the principal residence and be occupied on a full time basis by the Service Provider who shall be: (3) (b) the owner of the Building; a lessee of a Building under period covered by the licence; a lease for at least the (c) a member of the family of the Person described in (a) or (b); or
Page 5 3.2 APPLICATION (d) the principal shareholder of the corporation where the Building is owned or leased by the corporation. (7) all municipal taxes and water accounts must be current before a licence can be issued; 3.2.1 Every Person required to obtain a licence for a Bed and Breakfast Establishment shall file an application with the Clerk by completing and submitting the necessary information on the form prescribed by the City for the purpose and shall be accompanied by the following: (1) a clear and legible site plan drawn to scale (preferably a plan of survey) and shall include: (a) (b) the location of the Building on the property complete with setbacks indicated from all property lines; the location and dimension of the parking area and the required parking spaces; (c) driveway access to the required parking spaces; and (d) the location and dimensions of the outdoor amenity area. The requirement for a plan shall not apply to any licence renewal except in a case where changes to the previous plan or application by the applicant have been made or unless specifically requested by the City for any other reason; (2) proof of separate liability insurance coverage for the Bed and Breakfast Establishment for a minimum of $2,000,000 for the period covered by the licence; and (3) a?oor plan drawn to scale to identify all Rooms within the Building including the guest bedrooms that will be rented, the Service Provider s living quarters and all other Rooms labeled as to their usage, noting that only a Room is eligible to be designated as a guest bedroom. 3.2.2 3.2.3 3.2.6 3.2.7 The licence application shall include and identify the number of fulltime occupants of the Bed and Breakfast Establishment. Every Person making an application to the Clerk to obtain a licence for a Bed and Breakfast Establishment, shall pay the designated fee, as set out in Schedule A" to this by-law, at the time the application is made, payable to the City. The Clerk shall not issue any licence for the Bed and Breakfast Establishment until the required inspections as set out in subsection 3.3 of this by-law are complete and the necessary inspection reports are submitted to the Clerk indicating that there are no objections to the issuance of the licence. The submission of false or misleading information in the application for a licence will void the application. Any licence issued on such an application is automatically revoked.
Page 6 3.3 3.3.1 INSPECTIONS Upon receipt of the application and the prescribed licence fee the Clerk shall fonlvardthe application forthwith to the following parties: (1) the Chief Building Official requesting the property be inspected for compliance with the Ontario Building Code, the City s Official Plan, the City s Zoning by-law, and all other City by-laws and that any violations be reported to the Clerk; (2) the Fire Chief requesting the property be inspected for compliance with the Ontario Fire Code and applicable regulations and that any violations be reported to the Clerk. 3.4 3.3.2 3.4.1 A fee shall be paid by the applicant for each inspection conducted in review of every application and shall be in accordance with the fees described in Schedule A"to this by-law. AUTHORITYTO ISSUE The following power and authority shall be delegated to the Clerk with respect to Bed and Breakfast Establishment licences: (1) to issue a licence for a Bed and Breakfast Establishment; (2) to renew a licence for a Bed and Breakfast Establishment; and (3) to refuse to licence or renew, cancel, revoke or suspend a Bed and Breakfast Establishment licence. 3.5 3.5.1 3.5.2 3.5.3 3.5.4 3.6 3.6.1 3.6.2 ISSUANCE Upon receipt of satisfactory information requested in subsection 3.2 and responses to all the inquiries and requests by the Clerk under subsection 3.3 of this by-law as well as compliance with all other provisions of the City s by-laws, the Clerk shall issue a licence. The licence issued under article 3.5.1 shall expire at midnight on December 31st of the year in which the licence is issued. The Clerk shall maintain a record of licences in which shall be recorded every issuance of a licence for a Bed and Breakfast Establishment. All municipal taxes, water accounts must be current before a licence is issued. RENEWAL Once the initial licence has been issued, no Bed and Breakfast Establishment may be Operated beyond the expiry of the licence unless the licence is renewed with the City. The Clerk, shall by regular postage paid mail, send a licence renewal form to each Service Provider of a Bed and Breakfast Establishment at least thirty (30) days prior to December 315 of the licenced year.
Page 7 3.6.3 3.6.4 3.6.5 3.6.6 3.6.7 3.7 3.7.1 A Bed and Breakfast Establishment licence shall be renewed by filing a completed application with the Clerk on the form provided by the City along with the prescribed fee for renewal as set out in Schedule A of this by-law. Prior to the issuance of any licence renewal the Bed and Breakfast Establishment shall be inspected in accordance with the provisions of subsection 3.3. The Clerk, upon receiving the completed renewal application form and receiving inspection reports by the necessary parties advising that there are no objections to renewal of the Bed and Breakfast Establishment licence, shall review the application and provided the applicant still qualifies for a licence, shall renew the licence of the Bed and Breakfast Establishment for a further term of one year effective January 15. Licence Renewal applications received after January 315 shall be subject to additional fees as described in Schedule A" to this bylaw. The record of licences identified in article 3.5.3 shall also record every Bed and Breakfast Establishment licence renewal. APPEAL Any Applicant can appeal the decision of the Clerk under sentence 3.4.1 (3) by submitting the following to the Clerk of the City: (1) the prescribed request for appeal form completed with all requested information; and (2) the required appeal fee as prescribed in Schedule A of this by-law. 3.7.2 3.7.3 3.8 3.8.1 3.9 3.9.1 Where an Applicant has filed for an appeal in accordance with sentence 3.7.1, the matter shall be brought before Council by way of a report at the next scheduled regular City Council meeting. Council may direct the Clerk to issue the licence for the Bed and Breakfast Establishment or refuse to issue the licence. TRANSFERAL Subject to written approval from the Clerk and payment of the processing fee as outlined in Schedule A to this by-law, a licence issued under subsection 3.5 of this by-law may be transferred to a new Service Provider of the same property, for the same number of Rooms and without any changes to the property, within the year in which the licence is issued and provided the proposed new Service Provider meets the requirements of subsection 3.1 of this by-law. In such situations the inspection requirements of subsection 3.3 may be waived. REVOCATION The licence to Operate a Bed and Breakfast Establishment may be revoked by the City Clerk for any breach of the provisions of this by-law.
Page 8 SECTION 4 4.1 4.1.1 4.1.2 4.1.3 4.1.4 4.2 4.2.1 4.3 4.3.1 4.3.2 4.4 4.4.1 4.5 4.5.1 4.6 4.6.1 ADMINISTRATIONAND ENFORCEMENT OFFENCES AND PENALTIES Any Person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act R.S.O. 1990, c.p.33 s.61 and to any other applicable penalties. If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the Person convicted. Any Director or Officer of a corporation who knowingly concurs in the contravention of this by-law is guilty of an offense. No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer who is exercising a power or performing a duty under this by-law, including carrying out an inspection. FEES Any fee required by or described in this by-law shall be as set out in Schedule A to this by-law. VALIDITY Should a court of competent jurisdiction declare a part or whole of any provision of this by-law to be invalid or of no force and effect, the provision or part is deemed severable from this by-law, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to provide regulations for the licensing, regulating and governing of Bed and Breakfast Establishments. Where a provision of this by-law conflicts with the provision of another by-law, Act, or Regulation in force within the City, the provisions that establishes the higher standards shall prevail. TRANSITIONRULES After the date of the passing of this by-law, those by-laws identi?ed under subsection 4.5 shall apply only in those instances in which an application for licence or renewal has been filed prior to the date of passing of this by-law, and then only in such instances until such time as the licence or renewal is granted or refused. BY-LAWS REPEALED By-Law No. 164-2011 of The Corporation of the City of Thorold and any amendments made thereto are hereby repealed. ENACTMENT This by-law shall come into force and effect on the day after it is passed.
Page 9 READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED COUNCILTHIS 15 "DAY OF JANUARY,2013. BY 4?/Vz- K/-\:: > A. T. (Ted)Luciani, Mayor Susan Danielé, City Clerk
Building Fire The Corporation of the City of Thorold SCHEDULE A TO BED AND BREAKFASTBY-LAW NO. 09-2013 Schedule of Fees APPLICATIONS 1. Application Fee (per establishment)... $100.00.. $100.00.....$50.00 2. Renewal Fee (per establishment)... 3. Late Renewal Fee (after January 3155* 4. Transferal Fee......$25.00 5. Sign Fee (refundable upon return).....$25.00 Note: * Late Renewal Fee shall be due in addition to the Renewal fee APPEALS 6. Appeal Fee... $250.00... INSPECTIONS 7. Inspection Fee 8. Inspection Fee Note: * Licence Fees are non-refundable Department.....$ nil Department.....$ nil.....