Business Licensing By-law

Business Licensing By-law L-6 Consolidated as of October 17, 2017 As Amended by: By-law No. Date Passed at Council L-6-04001 December 16, 2003 L-6-04002 December 16, 2003 L-6-04003 February 2, 2004 L-6-04004 November 1, 2004 L-6-05005 April 18, 2005 L-6-05006 May 16, 2005 L-6-05007 June 13, 2005 L-6-06008 December 19, 2005 L-6-06009 March 27, 2006 L-6-06010 May 1, 2006 L-6-06011 June 12, 2006 L-6-07012 June 11, 2007 L-6-07013 November 19, 2007 L-6-09014 December 15, 2008 L-6-10015 January 18, 2010 L-6-10016 August 30, 2010 L-6-11017 March 21, 2011 L-6-11018 April 18, 2011 L-6-11019 May 9, 2011 L-6-11020 September 19, 2011 L-6-15021 February 24, 2015 L-6-16022 January 4, 2016 L-6-17023 October 17, 2017 This by-law is printed under and by authority of the Council of the City of London, Ontario, Canada Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The City of London does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Copies of Official versions of all By-laws can be obtained from the City Clerk s Department by calling 519-661-4505. For by-law related Inquiries please contact 519-661-4660. For by-law related Complaints please contact Municipal Law Enforcement Officers at 519-661-4660 or enforcement@london.ca Copyright 2001

2 By-law L-6 A by-law to provide for the LICENSING AND REGULATION OF VARIOUS BUSINESSES Part Table of Contents Page Part 1 - Definitions... 4 Part 2 - General Provisions... 6 Part 3 - Adult Live Entertainment Parlours... 11 Part 4 - Auctioneer... 19 Part 5 - Adult Entertainment Services Parlour... 19 Part 5A Body Modification... 24 Part 6 - Bowling Alleys... 25 Part 7 - Eating Establishments and Food Shops... 25 Part 8- Electrical Contractors and Master Electricians (Repealed)... Part 9 - Hairstyling Shop... 26 Part 10 - Hawker-Pedlar Including Flea Market Craft Show Antique Show... 27 Part 11 - Lodging House... 29 Part 12 - Motor Vehicle Towing and Storage... 31 Part 13 - Parking Facilities... 37 Part 14 - Place of Amusement... 41 Part 15 Plumbers-Drain Layers... 42 Part 16 - Public Garage... 45 Part 17 - Public Hall... 46 Part 18 - Refreshment Vehicles... 46 Part 19 - Second-Hand Dealer-Shop-Salvage Yard... 52 Part 20 - Enforcement... 54 Part 21 Repeal - Enactment... 55 Schedules A to K-11... 57 (with the exception of Schedule C which was deleted)

3 OFFICE CONSOLIDATION INCLUDING AMENDMENT L-6-17023 (October 17, 2017) LICENSING By-law L-6 A by-law to provide for the LICENSING AND REGULATION OF VARIOUS BUSINESSES WHEREAS subsection 5(3) of the Municipal Act, 2001 provides that a municipal power shall be exercised by by-law; AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS subsection 10(1) of the Municipal Act, 2001 provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public; AND WHEREAS subsection 10(2) of the Municipal Act, 2001 provides that a municipality may pass by-laws respecting: in paragraph 5, Economic, social and environmental well-being of the municipality; in paragraph 6, Health, safety and well-being of persons; in paragraph 7, Services and things that the municipality is authorized to provide under subsection (1); in paragraph 8, Protection of persons and property; in paragraph 11 Business Licensing; AND WHEREAS pursuant to the provisions of Part IV of the Municipal Act, 2001, as amended, a municipality may pass by-laws for licensing, regulating and governing businesses; AND WHEREAS subsection 151(1) of the Municipal Act, 2001 provides that, without limiting sections 9 and 10 of the Act, a municipality may provide for a system of licenses with respect to a business and may, prohibit the carrying on or engaging in the business without a licence; refuse to grant a licence or to revoke or suspend a licence; impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; (d) impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence; (e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; (f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and, (g) require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licenses established by the municipality; AND WHEREAS the Council for the City of London considers it necessary and desirable for the public to exercise its licensing powers for the purposes of: i) Heath and Safety; and/or ii) Nuisance Control; and/or iii) Consumer Protection; AND WHEREAS section 23.2 of the Municipal Act, 2001 permits a municipality to delegate certain legislative and quasi-judicial powers; AND WHEREAS subsection 391(1) of the Municipal Act, 2001 provides that a municipality may impose fees and charges on persons: for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and, for the use of its property including property under its control;

4 AND WHEREAS the City of London Act, 1989, S.O. 1989, c. Pr7, as amended by the City of London Act, 1992, S.O. 1992, c. Pr4 provides for the licensing, regulating, governing and classifying by by-law of persons who carry on the business of towing motor vehicles;. AND WHEREAS, pursuant to section 151 of the Municipal Act, 2001, the following businesses are licensed for the following reasons: ADULT LIVE ENTERTAINMENT PARLOURS, for the purposes of protecting the health and safety of the attendants, to ensure that the business is not a nuisance to the surrounding properties and neighbourhood, and the consumers protection of those individuals who attend and partake in services of the parlour. ADULT ENTERTAINMENT BODY-RUB PARLOURS, for the purposes of protecting the health and safety of the patrons, to ensure that the business is not a nuisance to the surrounding properties and neighbourhood, and consumers protection of those individuals who attend and partake in services in the parlour. AUCTIONEER, for the purposes of consumer protection to ensure that the auction items are being sold by an individual with no criminal record, and to ensure the business is not a nuisance to the surrounding properties and neighbourhood. BODY MODIFICATION, for the purpose of ensuring that any activity or undertaking does not affect or could possibly adversely affect the health and safety of person(s) or result in illness, hazardous conditions, injury or harm preventing unfair or potential unfair business practices that could result in loss on the part of the consumer, and, ensuring that the business is not a nuisance to the surrounding properties and neighbourhood. BOWLING ALLEYS, for the purposes of protecting the health and safety of the customers, to ensure that the business is not a nuisance to the surrounding area. EATING ESTABLISHMENT AND FOOD SHOP, for the purposes of protecting the health and safety of the customers and to ensure the protection of the consumer. HAIRSTYLING SHOP, for the purpose of protecting the health and safety of the consumer, and to ensure that the business is not a nuisance to the surrounding properties and neighbourhood. HAWKER-PEDLAR, for the purpose of ensuring the vendor is following all required health regulations to ensure that the consumer does not become ill, to ensure that the business is not a nuisance by hindering vehicles or pedestrian traffic and/or causing a hazard in any way and/or having a negative aesthetic impact on the Municipality, and to protect the consumer who is purchasing the products being sold. LODGING HOUSE, for the purpose of protecting the health and safety of the persons residing in the house by ensuring that the fire code regulations are met, the required essentials such as plumbing and water are provided, for ensuring that the lodging house does not create a nuisance to the adjoining property or surrounding lands, and for consumer protection such that the persons residing in the house know who to contact in the case of a problem or emergency with the building. MOTOR VEHICLE TOWING AND STORAGE, for the purpose of consumer protection such that a consumer will know who to contact in the case that their vehicle has been towed and/or stored to allow them to retrieve the same. PARKING FACILITY, for the purpose of consumer protection such that a consumer will know who to contact in the case of fees charged or difficulties faced by the consumer in the parking facility. PLACE OF AMUSEMENT, for the purpose of health and safety of the people who enter a place of amusement, and to ensure that the business is not a nuisance to the surrounding landowners, and to ensure the protection of the consumer for goods and/or services purchased. PLUMBING AND DRAIN LAYERS, for the purpose of consumer protection to ensure that the work performed by the contractor is up to the industry standard. PUBLIC GARAGE, for the purpose of ensuring that any activity or undertaking does not affect or could possibly adversely affect the health and safety of person(s) or result in illness, hazardous conditions, injury or harm; ensuring that the work performed by a mechanic is up to industry standards to protect the consumer; and, ensuring that the business is not a nuisance to the surrounding properties and neighbourhood. PUBLIC HALL, for the purpose of the health and safety of persons who enter the hall and to ensure that the business is not a nuisance.

5 REFRESHMENT VEHICLES, for the purposes of health and safety and ensuring that the vendor is following all required health regulations, and to ensure that the consumer does not become ill, and to ensure that the vendors are not hindering vehicle or pedestrian traffic and/or causing a hazard in any way and/or having a negative aesthetic impact on the Municipality which would fall under nuisance control. SECONDHAND DEALER AND SECONHAND SHOP AND SALVAGE YARD, for the purposes of protecting the consumer purchasing items and to ensure that the building/yard is safe and healthy for the persons who enter. THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: SHORT TITLE BUSINESS LICENSING BY-LAW DEFINITIONS Part 1 1.1 Definitions Unless otherwise specifically defined in any Part of this by-law: Applicant - defined Applicant means a person applying for a licence under this by-law; Business - defined "Business" includes: trades and occupations; exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise; the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader; and (d) the display of samples, patterns or specimens of goods for the purpose of sale or hire; but does not include: a manufacturing or an industrial business, except to the extent that it sells its products or raw material by retail; the sale of goods by wholesale; or the generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources; and for purposes of this definition a business shall be deemed to be carried on within the City if any part of the business is carried on within the City even if the business is being carried on from a location outside the City. City - defined "City" shall mean the City of London. Corporation - defined "Corporation" shall mean The Corporation of the City of London. Council - defined "Council" shall mean the Council of The Corporation of the City of London. City Engineer - defined "City Engineer" shall mean the Managing Director and City Engineer Environmental and Engineering Services of the Corporation or a person delegated by him for the purposes of this by-law. Downtown Improvement Area - defined "Downtown Improvement Area" shall mean those lands in the City designated in Schedule "A" of By-law CP-2, the London Downtown Business Association Improvement Area By-law, or any successor thereto. Dwelling unit - defined "dwelling unit" shall mean a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which all occupants have access to all the habitable areas and facilities of the unit; and which is occupied and used or capable of being occupied or used as a single and independent housekeeping establishment.

6 Fire Chief - defined "Fire Chief" shall mean the Chief of London Fire Services of the Corporation or a person delegated by him for the purposes of this by-law. He, him and his - includes - she, her and her s he, him and his shall also include she, her and her s. Hearings Officer - defined Hearings Officer means a Hearings Officer appointed under the Corporation s Hearings Officer By-law A.-6653-121, as amended. Highway - defined "highway" shall mean the travelled portion of a roadway and the untravelled portion of the roadway under the jurisdiction of the Corporation and includes the boulevard and the sidewalk. Hotel - defined "hotel" shall mean a separate building or two or more connected buildings used mainly for the purpose of catering to the needs of the travelling public by the supply of food and also by the furnishing of sleeping accommodation of not fewer than six bedrooms as distinguished from any other building or connected buildings used mainly for the purpose of supplying food and lodging by the week or otherwise commonly known as "boarding houses" or of furnishing living quarters for families and having a dining room or restaurant commonly known as "apartment houses" or "private hotels". Licence Manager defined Licence Manager shall mean the Chief Municipal Law Enforcement Officer and includes her or his designates. Licensee defined Licensee shall mean a person licensed under this by-law. Manager of By-law Enforcement - defined "Manager of By-law Enforcement" shall mean the Chief Municipal Law Enforcement Officer or a person delegated by him for the purposes of this by-law. Medical Officer of Health - defined "Medical Officer of Health" shall mean the Medical Officer of Health for the Middlesex-London District Health Unit or a person delegated by him for the purposes of this by-law. Owner - premises - defined "owner with respect to premises shall mean the registered owner of the land on which the premises is situated and includes a trustee acting on behalf of the registered owner, the estate of a registered owner and a person with a leasehold interest in the land. Owner - trade, business, occupation - defined owner with respect to business shall mean the person, company or partnership that carries on the trade, business or occupation and whose name appears on the licence issued by the Corporation for such trade, business or occupation pursuant to this by-law. Person - defined "person" shall include an individual, a partnership, a firm or a corporation. Police Chief - defined Police Chief shall mean the Chief of the London Police Service or any police officer of that Service. Property Standards Officer - defined "Property Standards Officer" shall mean a Property Standards Officer of the Corporation appointed under the provisions of By-law No. A.-5895-232 or any successor by-law thereto to administer the provisions of the Corporation s Property Standards By-law. Sidewalk - defined sidewalk means any public walkway, or portion of a highway between the curb line or the lateral line of a roadway and the adjacent property line, primarily intended for the use of pedestrians.

7 Part 2 GENERAL PROVISIONS 2.1 GENERAL 2.2 PROHIBITIONS 2.3 EXEMPTIONS 2.4 ADMINISTRATION All of the regulations contained in the Part of this by-law shall apply to all licenses required under this By-law in addition to any other regulation contained in any other part of this by-law. (1) No person holding a licence issued pursuant to this by-law shall fail to: With respect to premises, display the licence in a conspicuous place in or on the said premises; or With respect to a vehicle, display the licence in a conspicuous place in or on the said vehicle; or With respect to an individual, maintain the licence on their person while conducting the activity for which the licence was issued. (2) No person shall hold himself to be licensed under this by-law if they are not. (3) No person shall fail to keep any and all of the records required to be kept under the provisions of this by-law. (4) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this by-law, including carrying out an inspection. Notwithstanding any other provision of this by-law, any vendor selling products at special events only and not at any other location in the City, and who has paid the appropriate fees under the City of London Special Event Policy shall be exempt from the requirement to obtain a license under this by-law. The administration of this by-law is assigned to the Licence Manager who shall generally perform all of the administrative functions conferred upon him or her by this by-law and without limitation may: receive and process all applications for all licences and renewals of licences under this by-law; issue licences in accordance with the provisions of this by-law; impose terms and conditions on licences in accordance with this by-law; and (d) refuse to issue or renew a licence or revoke or suspend a licence in accordance with this by-law. 2.5 APPLICATIONS FOR A LICENCE AND RENEWAL OF LICENCE (1) Every application for a licence and renewal licence shall be made to the Licence Manager on the forms provided by the Licence Manager. Without limitation, every application for a licence or a renewal shall include the following information: the name, municipal address, email address and telephone number of each Applicant;

8 if the Applicant is a partnership, the name, address and telephone number of each partner; if the Applicant is a corporation, the address of its head office, the name, address, email address and telephone number of each director and officer; (d) the municipal address of the premises in which the business is located; (e) a sworn statement by the Applicant certifying the accuracy, truthfulness and completeness of the application; (f) if the Applicant is a partnership, a sworn statement by each partner certifying the accuracy, truthfulness and completeness of the application; (g) if the Applicant is a corporation, a sworn statement by an officer of the corporation duly authorized for that purpose certifying the accuracy, truthfulness and completeness of the application. (2) Every person applying for a licence or a renewal of a licence 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 as set out in Schedule A of the by-law; proof satisfactory to the Licence Manager that the Applicant or Licensee has a contractual or proprietary interest in the lands and premises upon which the business is to be operated which will enable the Applicant or Licensee to carry on the business; if the Applicant or Licensee is a corporation, a copy of the incorporating documentation, a copy of the last initial notice or notice of change which has been filed with the provincial or federal government and a Certificate of Status issued by the Ministry of Government and Consumer Services dated no later than fifteen (15) days prior to the date of the application; (d) if the Applicant or Licensee is a partnership, details of each partner s interest in the partnership; and (e) any other documentation or information as may be required in any other part of this by-law and by the Licence Manager. (3) The Licence Manager may require affidavits in support of an application for or a renewal of a licence. (4) Every application may be subject to investigations by and comments or recommendations for the municipal or provincial department or agencies as the Licence Manager deems necessary including but not limited to: the Chief Building Official; the Manager of Licensing & Municipal Law Enforcement; the Fire Chief; and (d) the Medical Officer of Health.

9 2.6 ISSUANCE OF LICENCES (1) Every licence issued under this by-law shall be in the form and manner as provided by the Licence Manager and without limitation shall include on its face the following information: the licence number; the name and address of the Licensee; the date the licence was issued and the date it expires; and (d) where applicable, the municipal address of the premises in which the business is located. (2) Every licence that is issued for the first time, 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 the Licensee: the Applicant or Licensee shall pay all licence fees related to this by-law; the Applicant or Licensee shall pay all fees and fines owed by the Applicant or Licensee to the Corporation; the Applicant or Licensee shall allow the Corporation to inspect places and premises used for the business and the equipment, vehicles and other personal property used or kept for hire in the carrying out of the business; (d) the Applicant or Licensee shall ensure that the places and premises used for the business are not constructed or equipped so as to hinder the enforcement of this by-law; (e) the conduct of the Applicant or Licensee, or any partner, officer, director, employee or agent of the Applicant or Licensee, shall not afford reasonable cause to believe that the Applicant or Licensee will not carry on or engage in the operation of the business in accordance with the law or with honesty or integrity; (f) the premises in which the business is located shall be in accordance with the requirements of the Building Code Act and the Regulations thereunder, the Fire Protection and Prevention Act, 1997 and the Regulations thereunder, and the Corporation s Property Standards By-law CP-16; (g) where the premises in which the business is located is altered and a building permit is required to carry out the alterations, the business premises, as altered, shall be in accordance with the Building Code Act and the Regulations thereunder, the Fire Protection and Prevention Act, 1997 and the Regulations thereunder, and the Corporation s Property Standards Bylaw CP-16; (h) the use of the premises in which the business is located is permitted or conforms with the uses permitted under the applicable zoning by-law or is a legal non-conforming use; (i) the Applicant or Licensee shall have a contractual or proprietary interest in the lands and premises upon which the business is to be operated which will enable the Applicant or Licensee to carry on the business; (j) the Applicant or Licensee shall meet all of the requirements of this by-law.

10 (3) A licence issued under this by-law shall be valid only for the period of time for which it is issued. All licences issued under this By-law shall expire annually on December 31 at 11:59 pm. An application for a renewal shall be delivered to the Licence Manager on or before the expiry date of the licence being renewed. notwithstanding paragraph, unless revoked or surrendered: (i) any licence issued under this by-law in 2017 for the 2017 licence year shall be deemed to expire on April 2, 2018 at 11:59 p.m.; and (ii) any new licence issued under this by-law during the period from January 1, 2018 to April 2, 2018 for the 2018 licence year shall expire on January 31, 2019 at 11:59 p.m. (4) The issuance of a licence or renewal thereof under this by-law is not intended and shall not be construed as permission or consent by the Corporation for the Licensee to contravene or fail to observe or comply with any law of Canada, Ontario or any by-law of the Corporation. (5) Every licence, at all times, is owned by and is the property of the Corporation and is valid only in respect of the person and the premises or of the person named therein and for the business stated therein. A separate licence shall be required for each business location. (6) No licence issued under this by-law may be sold, purchased, leased, mortgaged, charged, assigned, pledged, transferred, seized, distrained or otherwise dealt with. (7) The Licensee shall notify the Licence Manager of any change in his name, business or home address or any other information relating to his licence within five(5) days after such change and if necessary, as determined by the Licence Manager, shall immediately return his Licence to the Licence Manager for amendment. (8) Where the Licensee is a corporation, the Licensee shall notify the Licence Manager of any changes in the names or addresses of officers or directors, the location of the corporate head office, in the ownership of shares or any other information relating to the corporation s licence within five (5) days after such change and if necessary, as determined by the Licence Manager, shall immediately return his licence to the Licence Manager for amendment. (9) Where the Licensee is a partnership, the Licensee shall notify the Licence Manager of any changes in the names or addresses of the partners, the composition of the partnership, the address for the partnership or any other information relating the partnership s licence within five (5) days after such change and if necessary, as determined by the Licence Manager, shall immediately return his licence to the Licence Manager for amendment. (10) All licence fees related to this by-law shall be non-refundable. 2.7 POWERS OF THE LICENCE MANAGER (1) The power and authority to issue or renew a licence, refuse to issue or refuse to renew a licence, to cancel, revoke or suspend a licence, to impose terms and conditions, including special conditions, on a licence, are delegated to the Licence Manager. The Licence Manager shall issue a licence or renew a licence where the requirements or conditions of this by-law have been met. The Licence Manager may refuse to issue, refuse to renew or revoke or suspend a licence or impose a term or condition on a licence on the following grounds:

11 (i) (ii) (iii) (iv) (v) (vi) the conduct of the Applicant or Licensee, or any partner, officer, director, employee or agent of the Applicant or Licensee, affords reasonable cause to believe that the Applicant or Licensee will not carry on or engage in the operation of the business in accordance with the law or with honesty or integrity; an Applicant or Licensee is carrying on activities that are in contravention of this by-law; there are reasonable grounds to believe that an application or other documents provided to the Licence Manager by or on behalf of the Applicant or a Licensee contains a false statement; any information contained in the original application form or any other information provided to the Licence Manager, has ceased to be accurate and the Licensee has not provided up-to-date accurate information to allow the Licence Manager to conclude that the licence should continue; an Applicant does not meet, at any time, one or more of the requirements of this By-law or any conditions imposed on a licence, or an Applicant or Licensee is not in compliance with any federal, provincial law or City By-law, including this By-law. (2) Notwithstanding any other provision of this by-law, the Licence Manager may impose terms and conditions on any licence at issuance, renewal or any time during the term of the licence, including special conditions, as are necessary in the opinion of the Licence Manager to give effect to this by-law. (3) Where the Licence Manager is of the opinion that: (d) (e) an application for a licence or renewal of a licence should be refused; a reinstatement should not be made; a licence should be revoked; a licence should be suspended, or, a term or condition of a licence should be imposed; the Licence Manager shall make that decision. (4) Where the Licence Manager has made a decision under subsection 2.7(3) the Licence Manager s written notice of that decision shall be given to the Applicant or the Licensee by regular mail to the last known address of that person and shall be deemed to have been given on the third day after it is mailed. Service on a corporation can be effected by registered mail to the address of the corporation s registered head office. (5) The written notice to be given under subsection 2.7(4) shall: set out the grounds for the decision; give reasonable particulars of the grounds; be signed by the Licence Manager; and, (d) state that the Applicant or Licensee is entitled to a hearing by the Hearings Officer if the Applicant or Licensee delivers to the City Clerk, within ten (10) days after the notice in subsection 2.7 (4) is served, and the appeal fee as set out in Schedule A of this by-law. (6) Where no appeal is registered within the required time period, the decision of the Licence Manager shall be final. (7) Despite subsection 2.7(4) where a licence is voluntarily surrendered by the Licensee for revocation, the Licence Manager may revoke the licence without notice to the Licensee.

12 2.26 HEARINGS BEFORE THE HEARINGS OFFICER 2.33 ENFORCEMENT (1) The power and authority to conduct hearings of appeals under this by-law are hereby delegated to the Hearings Officer. (2) The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, except sections 17, 17.1 and 19, applies to all hearings conducted by the Hearings Officer under this by-law. (3) When the Applicant or Licensee, who has been given written notice of the hearing, does not attend at the appointed time and place, the Hearings Officer may proceed with the hearing in his or her absence and the Applicant or Licensee shall not be entitled to any further notice of the proceeding. (4) At the conclusion of the hearing, the Hearings Officer may give its decision orally or in writing but in each case it shall provide its decision in writing, with reasons, within thirty (30) days of the hearing to the Applicant or Licensee and the Licence Manager. (5) The Hearings Officer may uphold or vary the decision of the Licence Manager or make any decision that the Licence Manager was entitled to make in the first instance. (6) The decision of the Hearings Officer is final. This by-law may be enforced by a municipal law enforcement officer appointed by the Council or a police officer with the London Police Services. 3.1 Definitions In this Part: Part 3 ADULT LIVE ENTERTAINMENT PARLOUR Adult live entertainment parlour - defined "adult live entertainment parlour" shall mean any premises or part thereof in which, in pursuance of a business, a live performance appealing or designed to appeal to erotic or sexual appetites or inclinations is provided. Attendant - defined "attendant" shall mean any person other than a licensed owner or operator who provides services designed to appeal to erotic or sexual appetites or inclinations at an adult live entertainment parlour, and shall include an entertainer. Entertainment - defined "entertainment" shall mean any dance, exhibition, concert, show, variety programme, motion picture showing, public luncheon or dinner, game or sporting contest. Live performance - defined "live performance" shall mean any performance, exhibition or activity designed to appeal to erotic or sexual appetites or inclinations: of which a principal feature or characteristic is the nudity or partial nudity of any person; and in respect of which the word "nude," "naked," "topless," "bottomless," "sexy" or any other word or any picture, symbol or representation having like meaning or implication is used in any sign, advertisement, or advertising device; and without restricting the generality of the foregoing, includes any performance, exhibition or activity involving striptease dancers, go-go dancers, exotic dancers, table dancers, wet clothing contests or best body parts contests. Operator - defined "operator" shall mean a person who, alone or with others, operates, manages, supervises, runs or controls an adult live entertainment parlour, and "operates" has a corresponding meaning. 3.2 Business - without valid licence - prohibited

13 No person shall, in the City, carry on the business of an adult live entertainment parlour without holding a current valid licence for such business issued under the provisions of this by-law. 3.3 No Liquor Licence - person under 18 - prohibited Subject to section 3.4 of this Part of this by-law, no holder of an adult live entertainment parlour licence nor operator of an adult live entertainment parlour shall permit any person under the age of 18 years to enter and remain in the adult live entertainment parlour where such adult live entertainment parlour is not licensed under the Liquor Licence Act. 3.4 Liquor Licence - Person under 19 - prohibited No holder of an adult live entertainment parlour licence nor operator of an adult live entertainment parlour shall permit any person under the age of 19 years to enter and remain in the adult live entertainment parlour during the hours of operation where the premises is licensed under the Liquor Licence Act, and it is a term and condition of that licence that neither the holder of that licence nor the operator of an adult live entertainment parlour shall not permit any person under or apparently under the age of 19 years to enter or remain upon licensed premises. 3.5 Licence holder - employ person under 18 - prohibited No holder of an adult live entertainment parlour licence nor operator of an adult live entertainment parlour shall employ a person under the age of 18 years to entertain in an adult live entertainment parlour. 3.6 Licence holder - attendant - touching - prohibited No holder of a licence nor operator of an adult live entertainment parlour shall, in respect of any adult live entertainment parlour operated by such persons, permit any attendant, while providing services as an attendant, to touch, or be touched by, or have physical contact with, any other person in any manner whatsoever involving any part of that person's body. 3.7 Licence holder attendant service approved floor plan No holder of an adult live entertainment parlour licence nor operator of an adult entertainment parlour shall have more than two entertainment areas as designated on the floor plan approved by the Licence Manager. Every holder of an adult live entertainment parlour licence or operator of an adult live entertainment parlour shall ensure that all services are provided by an attendant within the unobstructed and unobscured view of the designated entertainment area or areas as shown on the floor plan approved by the Licence Manager. No holder of an adult live entertainment parlour licence nor operator of an adult live entertainment parlour shall change or cause a change to be made to its adult live entertainment parlour as shown on the floor plan approved by the Licence Manager without the prior written approval of the Licence Manager. 3.8 Attendant - physical contact - prohibited No attendant shall, while providing services as an attendant at an adult live entertainment parlour, touch or have physical contact with any other person in any manner whatsoever involving any part of that person's body. 3.9 Public address system - outside premises - prohibited No holder of an adult live entertainment parlour licence nor operator of an adult live entertainment parlour shall use or permit to be used a public address system, sound equipment, loud speaker or any similar device outside the premises in which an adult live entertainment parlour is located. 3.10 Verbal Promoting - outside premises - prohibited No holder of an adult live entertainment parlour licence nor operator of an adult live entertainment parlour shall permit any person to carry on the activity outside the premises of shouting or speaking to or distributing handbills to persons passing by for the purpose of promoting the adult live entertainment parlour or soliciting persons passing by to patronize or enter the adult live entertainment parlour. 3.11 Poster advertising - outside premises - prohibited No holder of an adult live entertainment parlour licence nor operator of an adult live entertainment parlour shall use any sign, advertising or advertising device, including any printed matter, posted or used outside the premises for the purpose of promoting the adult live entertainment parlour, or any photograph, drawing or other artistic rendering appealing to, or designed to appeal to, erotic or sexual appetites that shows: the nipples or areolae uncovered of a female person or the pubic, perineal or perianal areas uncovered of a male or female person; or

14 the act, whether actual or simulated, of sexual intercourse, cunnilingus, fellatio, buggery, bestiality, masturbation, urination or defecation, or the bonding, flagellation, mutilation, maiming or murder of one or more human beings. 3.12 Designated locations - Schedules 'D' - 'D-1' to 'D-4' Notwithstanding subsection 153(1) of the Municipal Act, 2001 S.O. 2001, c. 25, as amended, no person shall operate an adult live entertainment parlour in the City except: in the defined areas or locations designated as Areas 1, 2, 3, and 4 on Schedules "D", D-1, "D-2", D-3, and "D-4" of this by-law; and under the authority of a current licence that is issued or renewed pursuant to this Part of this by-law and that is not suspended or revoked. 3.13 Number of licences authorized - limited number The number of licences authorized by this Part of this by-law for the operation of adult live entertainment parlours within the City is limited at any time to 4 and not more than one licence shall be issued with respect to each Area designated from time to time on Schedule "D" including any numbered part thereof. 3.14 Application - licence - renewal - requirements Every application for the issuance or renewal of an Adult Live Entertainment Parlour Licence shall be made to the Licence Manager and shall contain the following information, including any documentation supporting the information as required by the Licence Manager: (d) (e) (f) (g) (h) (i) (j) (k) (l) the full name, street address and mailing address of the applicant; whether or not the applicant is a sole proprietorship, partnership or corporation; where the applicant is a sole proprietorship or partnership, the full name, street address, mailing address, occupation, date of birth, citizenship or immigration status, and marital status of the individual comprising the sole proprietorship or of each individual who is a member of the partnership; where the applicant is a corporation or a partnership of which a member is a corporation, the date and jurisdiction of incorporation, and the full name, street address, mailing address, occupation, date of birth, citizenship or immigration status, and marital status of each officer, director and shareholder of record, the total number of shares held by each shareholder, and the number of voting shares held by each shareholder; particulars of the nature of business or employment during the previous 3 years of the individual comprising the sole partnership or of each member of the partnership or of each officer, director and shareholder of the corporation; the full name and address of any individual or corporation whose name is not otherwise disclosed and who has any financial interest beneficially in or otherwise exercises control or direction over the applicant; particulars of any conviction, except one in respect of which a pardon has been granted, or any proceedings currently pending under the Criminal Code (Canada) or under this by-law involving the applicant or any person whose name is disclosed in the application; the name under which the adult live entertainment parlour is to be operated; the street address at which the adult live entertainment parlour is to be operated; the current zoning of the premises in which the adult live entertainment parlour is to be operated and, where the use of the premises for that purpose is not permitted or does not conform to the current zoning, the particulars of any minor variance or legal nonconforming use allowing the use of the premises for that purpose; the class of any licence issued in respect of the premises under the Liquor Licence Act and particulars of any special terms and conditions attached thereto; evidence that the owner or operator has an interest in the lands and premises upon which the adult live entertainment parlour is to be operated which will enable the owner or operator to carry on the business; and

15 (m) a floor plan, drawn to scale, of the adult live entertainment parlour, confirmed by inspection by the Manager of By-law Enforcement and approved by the Licence Manager, that clearly shows no more than 2 designated entertainment areas, the patron area or areas and all walls, curtains or other enclosures. 3.15 Individuals - corporations - Canadian citizenship - directors In addition to the requirements in section 3.14 of this Part of this by-law, the following requirements apply to an individual or to a corporation applying for an Adult Live Entertainment Parlour Licence: where any individual or corporation: (i) (ii) (iii) (iv) (v) not being the holder of the licence; not being a member of a partnership that is the holder of the licence; and not being an officer, director or shareholder of a corporation that is the holder of the licence, has any financial interest beneficially in or otherwise exercises control or direction over a sole proprietorship, partnership or corporation that is the holder of the licence: such individual shall be a Canadian citizen or a person lawfully admitted to Canada for permanent residence and ordinarily resident in Canada, and the conduct of such individual shall not afford reasonable grounds for belief that the business of the adult live entertainment parlour is being carried on contrary to law; or the majority of the members of the board of directors of such corporation shall be Canadian citizens, or persons lawfully admitted to Canada for permanent residence and ordinarily resident in Canada, and the conduct of its officers or directors or of a shareholder who owns or controls 10 per cent or more of its issued and outstanding voting and non-voting shares shall not afford reasonable grounds for belief that the business of the adult live entertainment parlour is being carried on contrary to law; 3.16 Application - owner - operator - not same person Where the owner and operator of an adult live entertainment parlour are not the same person, "applicant" in section 3.14 of this by-law shall be read and construed as "owner." 3.17 Application - incomplete - information missing Every application for the issuance or renewal of an adult live entertainment parlour licence shall be accompanied by: a sworn statement of the applicant stating that he has knowledge or has informed himself of the facts set out in the application and that he believes those facts to be true; the fee prescribed in Schedule "A" of this by-law; the information required under section 3.14 and any documentation supporting that information as required by the Licence Manager, and the application is incomplete so long as the sworn statement is lacking, any fees due are unpaid, or any information required under section 3.14, and any documentation supporting that information as required by the Licence Manager, has not been provided.

16 3.18 Application - to appropriate officials - by Licence Manager The Licence Manager shall provide a copy of every application for the issuance or renewal of an adult live entertainment parlour licence: (d) (e) to the Chief Building Official; to the Chief Fire Prevention Officer; to the Chief of Police; to the Medical Officer of Health; and to such other civic departments, boards, commissions, authorities or other agencies as the Licence Manager considers may have an interest in the application; who shall submit comments or recommendations to the Licence Manager in respect of the application within such time as the Licence Manager may specify. 3.19 Issuance - renewal - rejected - conditions The Licence Manager shall issue an adult live entertainment parlour licence or renewal thereof to an applicant, except where: the applicant, or an individual who is a member of a partnership that is the applicant, is not a Canadian citizen or a person lawfully admitted to Canada for permanent residence and ordinarily resident in Canada; the past conduct of the applicant, or an individual who is a member of a partnership that is the applicant, affords reasonable grounds for belief that the business of the adult live entertainment parlour will not be carried on in accordance with law; the applicant is a corporation or a partnership of which a member is a corporation and: (i) (ii) a majority of the members of the board of directors are not Canadian citizens or persons lawfully admitted to Canada for permanent residence and ordinarily resident in Canada; or the past conduct of its officers, or directors, or of a shareholder who owns or controls 10 per cent or more of its issued and outstanding voting and non-voting shares, affords reasonable grounds for belief that the business of the adult live entertainment parlour will not be carried on in accordance with law; (d) (e) (f) (g) the applicant is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this by-law; the premises in which the adult live entertainment parlour is, or will be, located do not comply with the provisions or requirements of this by-law; in the case of an application for a licence, all licences authorized by this Part of this bylaw have been issued or renewed and are outstanding; the application therefor is incomplete. 3.20 Licence certificate - issued - by Licence Manager The Licence Manager is authorized to provide one or more certificates to the holder of a licence as evidence of the issuance or renewal of the licence held by him. 3.21 Conditions - restrictions Every licence that is issued for the first time, 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 holder of the licence or by the operator of an adult live entertainment parlour: (i) the holder of a licence or the operator of an adult live entertainment parlour shall not present a live performance in the adult live entertainment parlour: (1) on Good Friday or Christmas Day; or (2) at any other time except between 12 noon to 2 a.m. of the following day on Monday to Saturday;

17 (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) the holder of a licence or the operator of an adult live entertainment parlour shall not permit any person under the age of 18 years to enter and remain in the adult live entertainment parlour during the hours of operation where the premises are not licensed under the Liquor Licence Act; the holder of a licence or the operator of an adult live entertainment parlour shall not permit any person under the age of 19 years to enter and remain in the adult live entertainment parlour during the hours of operation where the premises are licensed under the Liquor Licence Act, and it is a term and condition of that licence that the holder of that licence shall not permit any person under or apparently under the age of 19 years to enter or remain upon licensed premises; the holder of a licence or the operator of an adult live entertainment parlour shall ensure that evidence as to the age of the person, satisfactory to the licence holder, is obtained prior to permitting a person apparently under the age of 18 years to enter or remain on premises mentioned in section 3.21(ii) of this Part of this by-law, or under the age of 19 years to enter or remain on premises mentioned in section 3.21 (iii) of this Part of this by-law during hours of operation; the holder of a licence or the operator of an adult live entertainment parlour shall not employ a person under the age of 18 years to entertain in an adult live entertainment parlour; the holder of a licence or the operator of an adult live entertainment parlour shall, at the request of a person carrying out an inspection pursuant to this by-law, or a police officer, request evidence as to the age of any person in the adult live entertainment parlour whom the inspector or police officer believes may be under the age mentioned in sections 3.21(ii), 3.21 (iii) and 3.21(v) of this Part of this by-law; the holder of the licence or the operator of an adult live entertainment parlour shall not refuse entry to a person carrying out an inspection pursuant to this by-law or to a police officer in the course of his duties at any time during the hours of operation; the holder of a licence or the operator of an adult live entertainment parlour shall not construct or equip the premises in which an adult live entertainment parlour is located so as to hinder or prevent entry by a person carrying out an inspection pursuant to this bylaw, or by a police officer in the course of his duties, at any time during the hours of operation; the holder of a licence or the operator of an adult live entertainment parlour shall not permit any person to carry on the activity, outside the premises of shouting or speaking to or distributing handbills to persons passing by for the purpose of promoting the adult live entertainment parlour or soliciting persons passing by to patronize or enter the adult live entertainment parlour; the holder of a licence or the operator of an adult live entertainment parlour shall not use any public address system, sound equipment, loud speaker or similar devices outside the premises in which an adult live entertainment parlour is located; the holder of a licence or the operator of an adult live entertainment parlour shall not use any sign, advertising or advertising device, including any printed matter, posted or used outside the premises for the purpose of promoting the adult live entertainment parlour, nor any photograph, drawing or other artistic rendering appealing to, or designed to appeal to, erotic or sexual appetites that shows: (1) the nipples or areola uncovered of a female person or the pubic, perineal or perianal areas uncovered of a male or female person; or (2) the act, whether actual or simulated, of sexual intercourse, cunnilingus, fellatio, buggery, bestiality, masturbation, urination or defecation, or the bonding, flagellation, mutilation, maiming or murder of one or more human beings; Every licence that is issued for the first time, 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 holder of the licence: (i) the holder of the licence, or an individual who is a member of a partnership that is the holder of the licence, shall be a Canadian citizen or a person lawfully admitted to Canada for permanent residence and ordinarily resident in Canada;

18 (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) the conduct of the holder of the licence or an individual who is a member of a partnership that is the holder of the licence shall not afford reasonable grounds for belief that the business of the adult live entertainment parlour is being carried on contrary to law; where the holder of the licence is a corporation, or a partnership of which a member is a corporation, the conduct of its officers or directors or of a shareholder who owns or controls 10 per cent or more of its issued and outstanding voting and non-voting shares shall not afford reasonable grounds for belief that the business of the adult live entertainment parlour is being carried on contrary to law; where the holder of the licence is a corporation, or a partnership of which a member is a corporation, a majority of the members of the board of directors shall be Canadian citizens or persons lawfully admitted to Canada for permanent residence and ordinarily resident in Canada; where the holder of the licence is a corporation, it shall, within 15 days after the event, notify the Licence Manager in writing where there is a change in an officer or director of the corporation or where there is a change in the controlling interest; the premises in which an adult live entertainment parlour is located shall be in accordance with the requirements of the Building Code Act and the Regulations thereunder, the Fire Protection and Prevention Act, 1997 and the Regulations thereunder, and any by-law of the Corporation prescribing standards for the maintenance and occupancy of property within the City; where premises in which an adult live entertainment parlour is located are altered and a building permit is required to carry out the alterations, the premises, as altered, shall be in accordance with the Building Code Act and the Regulations thereunder, the Fire Protection and Prevention Act, 1997 and the Regulations thereunder, and any by-law of the Corporation prescribing standards for the maintenance and occupancy of property within the City; the use of the premises for the purpose of an adult live entertainment parlour is permitted or conforms with the uses of the premises permitted under the applicable zoning by-law or is a legal non-conforming use; the premises in which an adult live entertainment parlour is located shall be constructed so that the entertainment cannot be seen or heard outside the premises; the use of any licensed premises for the purposes of an adult live entertainment parlour shall not extend to any part of the premises used for residential purposes and no lodging unit or dwelling unit in a building licensed as an adult live entertainment parlour shall be employed for any live performance as defined under this Part of the by-law; no entrance to any residential use in a building licensed under this by-law shall be through any part of the premises used for purposes of the adult live entertainment parlour. the owner or operator shall have a contractual or proprietary interest in the lands and premises upon which the business is to be operated which will enable the owner or operator to carry on the business. the holder of a licence or the operator of an adult live entertainment parlour shall ensure that no services or live entertainment are visible from outside the premises in which the adult entertainment parlour is located. 3.22 Amendment - sections 3.23 to 3.28 - Defined Any reference to amending this Part of this by-law and any process relating thereto that is described in sections 3.23 to 3.28, inclusive, of this Part of this by-law shall apply only to: an amendment to increase the maximum number of licences authorized by this by-law; or an amendment to designate any property in the City as a defined area in which an adult live entertainment parlour is allowed. 3.23 Amendment - to by-laws - request - to Licence Manager

19 Any request for an amendment to this Part of this by-law shall be made to the Licence Manager and shall be accompanied by a fully completed application for the issuance of an Adult Live Entertainment Parlour Licence. 3.24 Amendment - circulation - appropriate authorities The Licence Manager shall provide notice and particulars of the request: (d) (e) (f) to the Director of the Building Controls; to the General Manager of Planning and Development; to the Chief Fire Prevention Officer; to the Chief of Police; to the Medical Officer of Health; and to such other civic departments, boards, commissions, authorities or other agencies as the Licence Manager considers may have an interest in the application; who shall submit comments and recommendations to the Licence Manager in respect of the request within such time, which shall not be less than 30 days from the notice by the Licence Manager of the request, as the Licence Manager may specify in the notice. 3.25 Amendment - submission - to Planning and Environment Committee The comments and recommendations received by the Licence Manager in response to his notice, together with any additional information that he considers necessary: shall be submitted to the Planning and Environment Committee with any comments, recommendations or information which are of a confidential nature being identified as such; and shall be made available to the requester, and may be made available to any other person, except any comments, recommendations or information which are of a confidential nature. 3.26 Amendment - meeting - public participation Before an amendment to this Part of this by-law is passed, the Planning and Environment Committee shall hold at least one meeting that is open to the public, for the purpose of affording an opportunity to the requester and any other person who attends the meeting to make submissions in respect of the request. 3.27 Amendment - notice of meeting Notice of the Planning and Environment Committee's public meeting shall be given at least 15 days prior to the date of the meeting: by personal service or prepaid first class mail, to every person assessed in respect of land: (i) (ii) in the defined area to which the amendment to this by-law would apply; and within 120 metres (400 feet) of the defined area to which the amendment to this Part of this by-law would apply; as shown on the last revised assessment roll of the Corporation at the address shown on the roll, but where the Licence Manager has received written notice of a change of ownership or occupancy of land, notice shall be given only to the new owner or occupant, as the case may be, at the address set out in the written notice; (d) by posting a notice of the meeting, clearly visible and legible from a public highway or other place to which the public has access, at the property in the defined area to which the amendments to this by-law would apply, or, where posting on the property is impractical, at a nearby location chosen by the Licence Manager; by publication once in a newspaper that is, in the Licence Manager's opinion, of sufficiently general circulation in the vicinity where the property is located to give the public reasonable notice of the meeting; by personal service or prepaid first class mail to every person and agency that has given the Licence Manager a written request for such notice at the person's or agency's address.

20 3.28 Planning and Environment Committee - proceeding - duties The Planning and Environment Committee: (d) shall give due consideration to the comments, recommendations and information submitted to it; shall, during a portion of the meeting that is open to the public, afford the requester and any other person who attends the meeting an opportunity to make submissions in respect of the request; may close a portion of the meeting to the public and to the requester only for the purpose of receiving confidential legal advice; shall recommend to the Council whether or not to make an amendment to this by-law. 3.29 Non Renewal/Termination of Licence - Defined Location Licence Manager to Report Where the Licence Manager reasonably believes that during any period of six (6) consecutive calendar months no adult live entertainment has been provided in an adult live entertainment parlour in respect of which, a licence issued under the Part of this by-law has expired or has been terminated before during such period; and the licence has not been renewed or no new licence has been issued prior to the end of such period, the Licence Manager shall report such belief to the Community and Protective Services Committee for the purpose of the Community and Protective Services Committee giving consideration to whether or not the location of the adult live entertainment parlour should be deleted as a defined area or location mentioned in paragraph of section 3.12 of this Part of this by-law.

21 Part 4 AUCTIONEER 4.1 Definitions In this Part: Auctioneer - defined "auctioneer" shall mean a person carrying on the business of selling or putting up for sale, goods, wares, merchandise or effects by public auction. 4.2 Operation - without valid licence - prohibited No person shall, in the City: carry on any activity as an auctioneer; or sell, or put up for sale, goods, wares, merchandise or effects, by public auction, without holding a current valid licence for such business issued under the provisions of this by-law. 4.3 Exemption - from licence requirement This Part of this by-law shall not apply to: a sheriff or bailiff offering for sale goods or chattels seized under a writ of execution or distrained for rent; a sale of land by auction; and any person who intends to sell, or put up for sale, goods, wares, merchandise or effects by public auction, if such person has engaged the services of a licensed auctioneer to conduct the sale. Part 5 ADULT ENTERTAINMENT BODY-RUB PARLOUR 5.1 Definitions In this part, Adult entertainment body-rub parlour - defined Adult entertainment body-rub parlour means any premises or part thereof in which is provided in pursuance of a trade, calling, business or occupation, any services as defined in this Part appealing to or designed to appeal to erotic or sexual appetites or inclinations. Attendant - defined Attendant means a person who provides an encounter involving physical contact in an adult entertainment body-rub parlour appealing to or designed to appeal to erotic or sexual appetites or inclinations. Encounter involving physical contact - defined Encounter involving physical contact means the kneading, manipulating, rubbing, massaging, or touching by any means, of a person s body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. Operator - defined Operator in this part means a person who, alone or with others, operates, manages, supervises, runs or controls an adult entertainment body-rub parlour, and operates has a corresponding meaning. Owner - defined Owner means a person who, alone or with others, has the right to possess or occupy or actually does possess or occupy an adult entertainment body-rub parlour and includes a lessee of an adult entertainment body-rub parlour or of premises in which an adult entertainment body-rub parlour is located. Provide - defined Provide when used in relation to services, includes to furnish, perform, solicit or give such services, and providing and provision have corresponding meanings. Services - defined Services means any encounter involving physical contact.

22 Services appealing to or designed to appeal to erotic or sexual appetites or inclinations - defined Services appealing to or designed to appeal to erotic or sexual appetites or inclinations includes but is not limited to: services of which a principal feature or characteristic is the nudity or partial nudity of the torso of an attendant; and services in respect of which the word sensual, sexy or any other word or any picture having like meaning or implication is used in any advertisement advertising the services. 5.2 Business - without valid licence - prohibited No person shall, in the City, carry on the business of an adult entertainment body-rub parlour without holding a current valid licence for such business issued under the provisions of this by-law. 5.3 Designated locations Schedule K Subject to section 5.5, no person shall operate an adult entertainment body-rub parlour in the City and no attendant shall perform or provide services in an adult entertainment body-rub parlour in the City except in a defined area or location designated on Schedule K to this By-law. (d) (e) No operator shall operate all of the adult entertainment body-rub parlour locations in the City. Not more than one adult entertainment body-rub parlour licence shall be issued for any separate area or location identified on Schedule K. Council may, at any time, consider an application to amend Schedule K of the by-law to delete a location, to substitute a new location for an existing location, or to add a new location. Before Council considers an application to amend Schedule K of the by-law to substitute a new location for an existing location, or to add a new location, the applicant shall provide a statutory declaration to the Licence Manager stating that the new location satisfies the location requirements of section 5.5 and the Licence Manager shall provide a report to the Community and Protective Services Committee on the suitability of the new location that includes the applicant s statutory declaration. 5.4 Number of Licences Authorized (1) Subject to subsection (2), the number of licences for operators carrying on the business of adult entertainment body-rub parlours that may be issued under this Part is limited to seven (7) licences. (2) The total number of adult entertainment body-rub parlour licences shall be reduced as licences expire without renewal or as the operators licences are otherwise surrendered or revoked until there are five (5) adult entertainment body-rub parlour licences. (3) Where the total number of adult entertainment body-rub parlour licences falls below the number five (5) by reason of the surrender or revocation of a licence, a licence may be issued to the first applicant who makes application after the surrender or revocation whose application complies with the provisions of the by-law. 5.5 Location requirements (1) In addition to any other locational and licensing requirements contained in this by-law in order for a licence to be issued, an adult entertainment body-rub parlour must conform to the following criteria: An adult entertainment body-rub parlour shall not be located within 100 metres of the premises of a school, day-care facility or a place of worship of a religious institution, existing on the date of the licence application. The separation distance of 100 metres from any point on a property line of the parcel of land containing the adult entertainment body-rub parlour shall be measured in any direction in a straight line to the nearest point on a property line of the parcel of land containing the school, day-care facility or the place of worship of a religious institution. An adult entertainment body-rub parlour shall not be located within 100 metres of the premises of a parcel of land zoned, including compound zones, in:

23 (i) (ii) a residential R1, R2, R3, R4, R5, R6, R7, R8, R9, R10 and R11 zone according to the Z.-1 Zoning By-law; HR, RR, SR Zones according to By-law 5000 (formerly Township of London) Zones; (iii) R1, R2, R3, R4, R5, R6, R7, R8 and R9 Zones according to By-law 2000 (formerly the Town of Westminster); (iv) R1 and R2 Zones according to By-law 8-1984 (formerly the Township of Delaware); (v) CR, RR, HR, R1, R2, R3 and FR Zones according to By-law No. 63-91 (formerly Township of West Nissouri); (vi) HR, R1, R2, R3 and MHP Zones according to By-law 20-95 (formerly the Township of North Dorchester). The separation distance of 100 metres from any point on a property line of the parcel of land containing the adult entertainment body-rub parlour shall be measured in any direction in a straight line to the nearest point on a property line of the parcel of land zoned, including compound zones, in the zones listed under subsections 5.5(1) (i), (ii), (iii), (iv), (v) and (vi). an adult entertainment body-rub parlour shall not be located on lands zoned, including compound zones, in: (i) (ii) a residential R1, R2, R3, R4, R5, R6, R7, R8, R9, R10 and R11 zone according to the Z.-1 Zoning By-law; HR, RR, SR Zones according to By-law 5000 (formerly Township of London) Zones; (iii) R1, R2, R3, R4, R5, R6, R7, R8 and R9 Zones according to By-law 2000 (formerly the Town of Westminster); (iv) R1 and R2 Zones according to By-law 8-1984 (formerly the Township of Delaware); (v) CR, RR, HR, R1, R2, R3 and FR Zones according to By-law No. 63-91 (formerly Township of West Nissouri); (vi) HR, R1, R2, R3 and MHP Zones according to By-law 20-95 (formerly the Township of North Dorchester). (2) Subsection (1) shall not apply to the renewal of any annual licence. (3) For the purposes of this section, Day-care facility means a day nursery as defined by the Day Nurseries Act and includes lands used in connection therewith; Place of Worship of a Religious Institution means a place of worship exempt from assessment pursuant to the Assessment Act; School means an institution for education or instruction as defined in the Education Act and includes lands used in connection therewith; 5.6 Application - licence - requirements Every application for the issuance or renewal of an adult entertainment body-rub parlour licence shall be made to the Licence Manager and shall contain the following information, including any documentation supporting the information as required by the Licence Manager: the full name, street address and mailing address of the applicant; whether or not the applicant is a sole proprietorship, partnership or corporation;

24 (d) (e) (f) (g) (h) (i) (j) (k) where the applicant is a sole proprietorship or partnership, the full name, street address, mailing address, occupation and date of birth, of the individual comprising the sole proprietorship or of each individual who is a member of the partnership; where the applicant is a corporation or a partnership of which a member is a corporation, the date and jurisdiction of incorporation, and the full name, street address, mailing address, occupation, and date of birth of each officer, director and shareholder of record, the total number of shares held by each shareholder, and the number of voting shares held by each shareholder; particulars of the nature of business or employment during the previous three (3) years of the individual comprising the sole partnership or of each member of the partnership or of each officer, director and shareholder of the corporation; the full name and address of any individual or corporation whose name is not otherwise disclosed and who has any financial interest beneficially in or otherwise exercises control or direction over the applicant; particulars of any conviction, except one in respect of which a pardon has been granted, or any proceedings currently pending under the Criminal Code (Canada) or under this by-law involving the applicant or any person whose name is disclosed in the application; the name under which the adult entertainment body-rub parlour is to be operated; the street address at which the adult entertainment body-rub parlour is to be operated; the current zoning of the premises in which the adult entertainment body-rub parlour is to be operated and, where the use of the premises for that purpose is not permitted or does not conform to the current zoning, the particulars of any minor variance or legal nonconforming use allowing the use of the premises for that purpose, and; evidence that the owner or operator has an interest in the lands and premises upon which the adult entertainment body-rub parlour is to be operated which will enable the owner or operator to carry on the business. 5.7 Application - incomplete - information missing Every application for the issuance or renewal of an adult entertainment body-rub parlour licence or attendant licence shall be accompanied by: a sworn statement of the applicant stating that he has knowledge or has informed himself of the facts set out in the application and that he believes those facts to be true; the fee prescribed in Schedule A of this by-law; the information required under section 5.6 and any documentation supporting that information as required by the Licence Manager and the application is incomplete so long as the sworn statement is lacking or any fees due are unpaid, or any information required under section 5.6, and any documentation supporting that information as required by the Licence Manager, has not been provided. 5.8 Application - to appropriate officials - by Licence Manager The Licence Manager shall provide a copy of every application for the issuance or renewal of an adult entertainment body-rub parlour licence to: (d) (e) the Chief Building Official; the Chief Fire Prevention Officer; the Chief of Police; the Medical Officer of Health; and to such other Civic Departments, Boards, Commissions, Authorities or other Agencies as the Licence Manager considers may have an interest in the application; who shall submit comments or recommendations to the Licence Manager in respect of the application within such time as the Licence Manager may specify.

25 5.9 Issuance - rejected - conditions The Licence Manager shall issue an adult entertainment body-rub parlour licence to an applicant, except where: (d) (e) (f) the past conduct of the applicant, or an individual who is a member of a partnership that is the applicant, affords reasonable grounds for belief that the business of the adult entertainment body-rub parlour will not be carried on in accordance with law; the applicant is a corporation or a partnership of which a member is a corporation and the past conduct of its officers, or directors, or of a shareholder who owns or controls ten percent (10%) or more of its issued and outstanding voting and non-voting shares, affords reasonable grounds for belief that the business of the adult entertainment bodyrub parlour will not be carried on in accordance with the law; the applicant is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this by-law; the premises in which the adult entertainment body-rub parlour is, or will be, located do not comply with the provisions or requirements of this by-law; in the case of an application for a licence, all licenses authorized by this Part of this bylaw have been issued or renewed and are outstanding; and the application therefore is incomplete. 5.10 General Conditions - licence Every licence that is issued for the first time, and every renewal thereof, is subject to the following conditions of obtaining, continuing to hold or renewing a licence, all of which shall be performed or observed by the operator of an adult entertainment body-rub parlour at all times while the licence is in force: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) the operator shall post the adult entertainment body-rub parlour licence in a prominent place near the main entrance; the operator shall maintain a record of employees which identifies employees by full name, date of birth and current address; the operator shall not employ any person under the age of eighteen (18) years and shall not permit any person actually or apparently under the age of eighteen (18) years to enter or remain in any adult entertainment body-rub parlour owned or operated by him; the operator shall not permit any alcoholic beverages on the premises; the operator shall provide clean contact surfaces, including tables, mats and other such surfaces, upon which persons lie or sit, while being given or provided with any services, which are clean and in good repair, and shall have a top surface of impervious material that is able to be readily cleaned and sanitized between clients; the operator shall ensure that any surface referred to in subsection (e) hereof, is covered with a fresh clean individual paper or cloth sheet before any person receives any services thereon; the operator shall ensure that all linens are changed between services of different individuals; the operator shall ensure that all linens are laundered after each use; the operator shall keep clean and soiled linens separate at all times; the operator shall provide a hand wash basin on the premises, accessible to service attendants and clients; the operator shall supply each basin with hot and cold running water; the operator shall provide liquid soap and paper towels for hand washing;

26 (xiii) (xiv) (xv) (xvi) (xvii) the operator shall provide the name and address of every attendant or other person performing services in the adult entertainment body-rub parlour, including the date of commencement and the date of termination of such services; the operator shall not perform or permit to be performed services in any adult entertainment body-rub parlour by or upon any person whom the operator has reasonable cause to suspect has been exposed to or is suffering from any communicable disease including any communicable skin disease or infestations; the operator shall maintain the adult entertainment body-rub parlour and related common areas in a clean and sanitary manner; the operator shall be able to demonstrate either a contract with a professional laundering service or the provision of onsite laundry facilities; the operator shall provide service in such a way as to prevent the spread of communicable disease; (xviii) the operator shall ensure that the adult entertainment body-rub parlour, including the common area, is not more than 225m² in size; (xix) (xx) the operator shall have a contractual or proprietary interest in the lands and premises upon which the business is to be operated which will enable the owner or operator to carry on the business; the operator shall ensure that no services are visible from outside the premises in which the adult entertainment parlour is located; (xxi) (xxii) the operator shall not permit any person to use any camera or other photographic recording device, except for permanently mounted security cameras, on the premises other than a person authorized to enforce this by-law or any other legislation or regulation governing the premises; if the operator permits permanently mounted security cameras on the premises, the operator shall post signs with print at least 8 centimeters in height in clearly visible places inside the premises indicating that such cameras are in use. Every operator who fails to comply with a condition listed under subsection 5.10 is guilty of an offence. 5.11 Non-issuance licence - defined location - Licence Manager to report Where a licence that has been issued for a defined area or location in Schedule K has expired without renewal or is otherwise surrendered or revoked, the Licence Manager shall notify the Community and Protective Services Committee for the purpose of the Community and Protective Services Committee giving consideration to whether or not the by-law should be amended in accordance with paragraph (d) of section 5.3 of this Part of the by-law. Part 5A BODY MODIFICATION 5A.1 Definitions In this part: Body piercing defined body piercing means the practice of inserting ornaments or other items not required for medical purposes into human tissue, not including the ear, with a needle or other implement. Body piercing business defined body piercing business means any premises or part of a premises where body piercing is practiced. Electrolysis defined electrolysis means the practice of removing human hair by conducting an electric current through a needle that has been inserted into the hair follicle. Electrolysis business defined electrolysis business means any premises or part of a premises where electrolysis is practiced.

27 Scarification defined scarification means the practice of cutting or abrading human skin to bring about permanent scarring and includes the placement of implants not required for medical purposes beneath the skin. Tattoo defined tattoo means the practice of permanently depositing pigments not required for medical purposes into human skin by the use of a needle or other implement. Tattoo/Scarification business defined tattoo/scarification business means any premises or part of a premises where tattooing or scarification is practiced. 5A.2 Operation without valid licence prohibited No person shall operate a body piercing business, electrolysis business or tattoo/scarification business without holding a current valid licence for his/her/its business issued under the provisions of this by-law. 5A.3 Licence required each premises Every person operating a body piercing business, electrolysis business or tattoo/scarification business shall complete a separate application for a licence under the provisions of this by-law for each premises or part of a premises. 5A.4 Compliance regulations and guidelines Every person operating a body piercing business, electrolysis business or tattoo/scarification business shall comply at all times with any Government of Canada or Government of Ontario regulations and any guidelines or protocols enforced under Government of Canada or Government of Ontario statutes or regulations that pertain to his/her/its business. 5A.5 Communicable disease employee - prohibited No holder of a body piercing business licence, electrolysis business licence or tattoo/scarification business licence shall employ any person or permit any person to do any body piercing, electrolysis or tattoo/scarification who has a communicable disease which, in the opinion of the Medical Officer of Health, is injurious, or likely to be injurious, to the health of any person. 5A.6 Communicable disease customer - prohibited No holder of a body piercing business licence, electrolysis business licence or tattoo/scarification business licence shall permit his/her/its employee or any person or to do any body piercing, electrolysis or tattoo/scarification for a customer or any person who has a communicable disease which, in the opinion of the Medical Officer of Health, is injurious, or likely to be injurious, to the health of any person. 5A.7 Premises clean and sanitary condition Every holder of a body piercing business licence, electrolysis business licence or tattoo/scarification business licence shall keep the body piercing business, electrolysis business or tattoo/scarification business in a clean and sanitary condition to the satisfaction of the Medical Officer of Health. 6.1 Definitions In this Part: Part 6 BOWLING ALLEYS Bowling alley - defined "bowling alley" shall mean a building, room or area which is devoted to the offering of facilities for the game of bowling. 6.2 Operation - without valid licence - prohibited No person shall, in the City, operate a bowling alley without holding a current valid licence for such premises or business issued under the provisions of this by-law. 7.1 Definitions In this Part: Part 7 EATING ESTABLISHMENTS AND FOOD SHOPS Eating establishment - defined "eating establishment" shall mean a restaurant where food is prepared and offered for retail sale and where facilities are provided for the consumption of such food on the premises, but does not include a hotel.

28 Food shop - defined "food shop" shall mean any place wherein food stuffs intended for human consumption are made for sale, offered for sale, stored or sold, but is not intended to be a place where food stuffs are consumed on the premises. 7.2 Licence - categories - eating establishments The following categories of eating establishment are hereby established: Category 1 Category 2 Category 3 is an eating establishment with a seating capacity of 50 or more people. is an eating establishment with a seating capacity of 20 to 49 people. is an eating establishment with a seating capacity of fewer than 20 people. 7.3 Operation - without valid licence - prohibited No person shall, in the City, operate an eating establishment or food shop without holding a current valid licence for such business issued under the provisions of this by-law. Part 8 Electrical Contractors, Master Electricians - Repealed: November 19, 2007, By-law No. L.-6-07013 9.1 Definitions In this Part: Part 9 HAIRSTYLING SHOP Hairstylist - defined "hairstylist" shall include hairdresser, hairstylist and barber. Hairstyling shop - defined "hairstyling shop" shall include any premises used as a hairdressing establishment, barber shop or hairstyling shop. 9.2 Operation - without valid licence - prohibited No person shall, in the City, operate a hairstyling shop without holding a current valid licence for such business issued under the provisions of this by-law. 9.3 Qualification - certificate - apprentice registration No holder of a hairstyling shop licence issued under the provisions of this by-law shall do any work usually performed by a hairstylist, or permit any person to work in such licensed hairstyling shop as a hairstylist, or to do any work usually performed by a hairstylist, unless such holder or person: holds a current valid certificate of qualification issued pursuant to the provisions of the Apprenticeship and Certification Act, 1998 and the Regulations passed thereunder; or is an apprentice hairdresser, duly registered under the Apprenticeship and Certification Act, 1998, or is a person to whom authority, in writing, to work on probation as a hairdresser has been issued under the said Act or the Regulations passed thereunder. 9.4 Communicable disease - employee with - prohibited No holder of a hairstyling shop licence issued under this by-law, shall employ any person, or allow any person, to do any work as a hairstylist, or any work usually performed by a hairstylist, in the licensed hairstyling shop, who has any communicable disease which, in the opinion of the Medical Officer of Health, is injurious, or likely to be injurious, to the health of the persons patronizing such establishment. 9.5 Premises - clean - sanitary condition Every holder of a Hairstyling Shop Licence issued under this by-law shall keep the premises used for a hairstyling shop and all the utensils, equipment and supplies therein, in a clean and sanitary condition, to the satisfaction of the Medical Officer of Health.

29 Part 10 HAWKER - PEDLAR - INCLUDING FLEA MARKET CRAFT SHOW - ANTIQUE SHOW 10.1 Definitions In this Part: Hawker - pedlar - defined "Hawker" or "Pedlar" includes: any person who goes from place to place, or to a particular place, 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 City afterwards; and any retailer which has an employee or agent who goes from place to place or to a particular place 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 City afterwards; but excludes a consumer show open to the public or a trade show open by invitation or registration only, the primary purposes of which are the display of goods and products and not the direct sale of them. Local Retailer - defined "Local retailer" shall mean any individual or business which provides for the selling or offering for sale of goods or services at a building or structure located within the City which is subject to property tax in the City. Registered Charitable Organization - defined "Registered charitable organization" shall mean any charity that is registered or is eligible to be registered with the Federal Government and has a registered charity number that has been issued. 10.2 Licence - categories The following categories of hawker or pedlar are hereby established: Category 1 - Day Sales (A) shall include the sale of goods such as, but not limited to, flowers, and fresh produce, for a one to three day period from one specific location such as, but not limited to, a parking lot, a service station lot or a vacant commercial lot where the use is permitted in the Zoning By-law. (B) shall include the sale of fireworks for a one to seven day period from one specific location such as, but not limited to, a parking lot, a service station lot or a vacant commercial lot where the use is permitted in the Zoning By-law. Category 2 - Seasonal Sales Category 3 - Door-to-Door Sales Category 4 - Door-to-Door Sales Person Category 5 - Antique/Collectible Show Category 6 - Craft Show shall include temporary businesses such as, but not limited to, gardening product sales and Christmas tree sales for one period of up to three months from one specific location such as, but not limited to, a parking lot or a vacant commercial lot and may include the use of a temporary structure such as a greenhouse or sales office where the use is permitted in the Zoning By-law. 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. shall include the exhibiting or offering for sale, on a temporary basis, at one location, antique or collectible goods, wares or merchandise. shall include the exhibiting or offering for sale, on a temporary basis, at one location by Canadian crafts people, goods, wares or merchandise which they themselves have produced.

30 Category 7 - Trade Show Category 8 - Flea Market shall include the exhibiting or offering for sale, on a temporary basis, at one location by several manufacturers or distributors, goods, wares or merchandise which they themselves have produced or manufactured or are distributing on behalf of the producer or manufacturer; but, excludes a consumer show open to the public or a trade show open by invitation or registration only, the primary purpose of which is the display or goods and products and not the direct sale of them, and also excludes a consumer show or trade show operating as an integral part of a convention or conference. shall include the exhibiting or offering for sale, on a temporary basis, at one location by two or more vendors, a variety of goods, wares or merchandise, but does not include a sale that consists of one type of goods, wares or merchandise; and also does not include a Flea Market that is in business on a permanent basis and for which business taxes are being paid for the current year. Category - 9 - General shall include any hawker or pedlar excluding categories 1 to 8 as defined in section 10.2. 10.3 Operation - without valid licence - prohibited No person shall, in the City: carry on the business of hawker or pedlar; or be engaged in services to the public in connection with the business of a hawker or pedlar; or operate a flea market, a craft show or an antique show or operate a place where others may offer for sale and sell goods, wares or merchandise to the public contrary to this Part of this by-law; without holding a current valid licence for such business issued under the provisions of this by-law. 10.4 Licence - of employee - transferable Notwithstanding section 2.11 of this by-law, the licence of an employee of a hawker or pedlar requiring their own licence shall be transferable to another employee upon the return of the original licence issued by the Licence Manager and upon the completion of an application form by the new employee. 10.5 Exemption - from licence - flea market - antique show Notwithstanding any other section of this by-law, a person who, if it were not for this section, is otherwise required to be licensed under this by-law, and who offers for sale or sells goods, wares, or merchandise to the public at a flea market, craft show or antique show or place which is licensed under this by-law, is not required to be licensed under this Part for the purposes of offering for sale or selling goods, wares or merchandise to the public at such flea market, craft show, antique or collectible show, trade show or place. 10.6 Exemption - from licence - other circumstances Notwithstanding section 10.3 of this by-law, no Hawkers and Pedlars Licence shall be required for hawking, peddling or selling goods, wares or merchandise: (d) (e) to wholesale or retail dealers in similar goods, wares or merchandise; or if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the City in respect of premises used for the sale of such goods, wares or merchandise; or existing local retailers are exempt from obtaining a hawker or pedlar s licence and paying a licence fee for day sales or seasonal sales if the temporary selling activity is an extension of the existing business at that location; or local farm growers are exempt from obtaining a hawker or pedlar s licence and paying a licence fee for day sales or seasonal sales if the produce they are selling is being sold from their own property and has been grown and harvested by them. if the goods, wares or merchandise are hawked, peddled or sold at a Special Event as defined by City Policy and for which a Special Events Permit has been obtained.

31 10.7 Exemption - from licence - onus - on person charged In a prosecution for a breach of this Part of this by-law, the onus of proving that he does not, for any of the reasons mentioned in section 10.5 or section 10.6 of this by-law, require to be licensed is upon the person charged. 10.8 Public park - permit - Corporation No person licensed, or required to be licensed, as a "hawker" or "pedlar" shall carry on the business of a hawker or pedlar in any public park in the City except under a permit of the Corporation. 10.9 Exemption from Licence Fees Registered charitable organizations shall be required to obtain a hawker or pedlar licence for day sales or seasonal sales but shall be exempt from paying the appropriate licence fee. Local retailers shall be required to obtain a hawker or pedlar licence for day sales or seasonal sales if the local retailer is operating at a temporary location but shall be exempt from paying the appropriate licence fee for one temporary location only, provided that the goods, wares or merchandise offered for sale at the temporary location are the same goods, wares or merchandise offered for sale continuously when the local retailer is open for business at their permanent location for at least three (3) months prior to their application for the hawker or pedlar licence. Part 11 LODGING HOUSE 11.1 Definitions In this Part: Lodger - defined "lodger" shall mean any person who pays rent, fees or other valuable consideration to a lodging house keeper for living accommodations in which kitchen or washroom facilities are shared with other persons. Lodging house - defined "lodging house" shall mean: a building in which residential accommodation is provided or is intended to be provided for hire or gain, and in which each lodger does not have access to all of the habitable areas of the building consisting of: (i) (ii) a dwelling unit together with more than 3 lodging units, which lodging units individually or collectively do not constitute separate dwelling units; or more than 3 lodging units, which lodging units individually or collectively do not constitute a dwelling unit; or a building in which lodging is provided for more than 3 persons with or without meals; and includes a nursing home, a rooming house, a boarding house and a fraternity or sorority house but shall not include a hotel, motel, hostel, hospital or nursing home if licensed, approved or supervised under any general or special Act other than the Municipal Act or a residence of an educational institution. Lodging house keeper - defined "lodging house keeper" includes the owner, landlord, lessee, tenant or occupant responsible for the granting of permission for the occupancy of a lodging unit and for the collection of the fees or rent payable by the lodger. Lodging unit - defined "lodging unit" shall mean a room with sleeping facilities, and may include either a washroom or cooking facilities but not both, supplied to a lodger or lodgers, for hire or gain, for the use of such person or persons. 11.2 Operation - without valid licence - prohibited No person shall, in the City, operate a lodging house without holding a current valid licence for such business or issued under the provisions of this by-law.

32 11.3 Failure to comply - prohibited matter No person holding a Lodging House Licence shall: (d) fail to post the Lodging House Licence in a prominent place near the front entrance; fail to prohibit the occupancy by more lodgers than the number for which the premises are licensed; fail to keep and maintain a register of all resident lodgers; or fail to prohibit the occupancy by more lodging units than the number for which the premises are licensed. 11.4 Licence posted - prominently - licensee - duty No holder of a Lodging House Licence issued pursuant to this by-law shall fail to ensure that the licence is posted in a prominent position inside the building near the front entrance to the lodging house. 11.5 Register - lodgers - kept - open to inspection - Police No holder of a Lodging House Licence issued pursuant to this by-law shall fail to ensure that a register is kept in the lodging house in which shall be entered the name and previous residence of every lodger who occupies the premises nor fail to make such register open to inspection, at any reasonable time, by any member of the London Police Service or any person designated by the Council to enforce this bylaw. 11.6 Application - to appropriate officials - by Licence Manager Upon the licence application being filed, the Licence Manager shall forward copies thereof to the Property Standards Officer, to the Manager of By-law Enforcement, to the Fire Chief and to the Medical Officer of Health. 11.7 Report - Property Standards Officer - duty After inspection, the Property Standards Officer shall file a report as to whether or not the premises in respect of which a licence is sought comply with those sections of the Property Standards By-law of the Corporation, directly relating to the health and safety aspects of occupancy of the property. 11.8 Report - non-compliance - contents If there is non-compliance with section 11.7 of this Part of this by-law, the Property Standards Officer shall clearly identify in the report referred to in section 11.7 of this by-law the nature of the noncompliance and the by-law section or sections concerned. 11.9 Report - filed - Manager of By-law Enforcement The Manager of By-law Enforcement shall file a report as to whether or not the proposed use of the premises as a lodging house complies with all applicable zoning by-laws of the Corporation. If there is non-compliance with any such by-law, the Manager of By-law Enforcement shall clearly specify the nature of the non-compliance and the section or sections of the by-law or by-laws concerned. 11.10 Report - filed - Fire Chief After inspection, the Fire Chief shall file a report as to whether or not the premises in respect of which a licence is sought comply with all fire regulations currently in force in the City. The Fire Chief shall clearly specify the nature of the non-compliance and the regulation concerned. 11.11 Report - filed - Medical Officer of Health After inspection, the Medical Officer of Health shall file a report as to whether or not the premises in respect of which a licence is sought complies with the requirements of the Middlesex-London Health Unit. If there is non-compliance with any such requirements, the nature of the non-compliance and the requirement concerned shall be clearly specified. 11.12 Reports - favourable - licence - issue If all the reports filed are favourable, the Licence Manager may issue the requested licence. If any or all of the said reports are unfavourable, the application shall be refused and the applicant so notified, provided that the Licence Manager shall forward with such notification a copy, or copies, of any unfavourable report or reports. 11.13 Licence - valid - only number of lodgers shown A Lodging House Licence issued under the provisions of this Part of this by-law is only valid in respect of the premises named therein and for the number of lodgers indicated on the licence.

33 Part 12 MOTOR VEHICLE TOWING AND STORING 12.1 Definitions In this Part, Business - defined "business" shall mean any property assessed or liable to be assessed within a Commercial or Industrial class, or any Commercial or Industrial option class or subclass under the provisions of the Assessment Act. Business parking facility defined "business parking facility" shall mean any parking lot, structure or building intended for the use of parking the motor vehicles of the customers, visitors, patrons, clients, patients or guests of a business. Employee parking facility - defined "employee parking facility" shall mean any parking lot, structure or building for the exclusive use of parking of: the motor vehicles of the employees of a business, or the motor vehicles of the employees, students or residents of an institution. Metered commercial parking facility - defined "metered commercial parking facility" shall mean any parking lot, structure or building intended for the use of parking the motor vehicles of the public for any fee where charged by means of an individual parking meter or a pay and display parking meter, and a metered commercial parking facility includes a parking club facility. Motor vehicle - defined motor vehicle includes an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power. Motor vehicle storer - defined "motor vehicle storer" shall mean a person who falls within the class described in paragraph of section 12.6 of this Part of this by-law. Parking club facility - defined "parking club facility" means a parking lot, structure or building represented to the public by advertising, signs or other means as comprising a club or association (sometimes referred to as a "parking club") in respect of which, any person (in this clause referred to as a "member") becomes eligible to become a member upon parking a motor vehicle in the parking club facility; the membership fee is calculated in whole or in part according to the duration of time the member's motor vehicle is parked in the parking club facility; and the principle benefit of membership is the use of the parking club facility for the parking of the member's motor vehicle for the duration of time covered by the membership fee. Parking meter - individual - defined "individual parking meter" shall mean a device which indicates thereon the length of time during which a motor vehicle may be parked, which device has as a part thereof a receptacle for the receiving and storing of coins or paper currency and a slot or place in which coins or paper currency may be deposited or a slot or place for the insertion of a charge or debit card to activate a time mechanism to indicate the passage of the interval of time following the deposit of a coin or coins, paper currency or charge or debit card therein, the measurement of which interval is determined by the coin or coins or paper currency so deposited or the amount authorized on the charge or debit card, and which device also displays a signal when the said interval of time has elapsed.

34 Parking meter - pay and display - defined "pay and display parking meter" shall mean a device which dispenses a piece of paper intended to be removed from the device and displayed by the operator of a motor vehicle on or within the motor vehicle when parked, the paper being imprinted with a time and date beyond which the motor vehicle may not be parked, and which device has as a part thereof a receptacle for the receiving and storing of coins or paper currency and a slot or place in which coins or paper currency may be deposited or a slot or place for the insertion of a charge or debit card to activate a mechanism to imprint a time and date on the piece of paper following the deposit of a coin or coins, paper currency or a charge or debit card therein, the specific time and date being determined by the coin or coins or paper currency so deposited or the amount authorized on the charge or debit card. Person - business of storing motor vehicles - defined "person carrying on the business of storing motor vehicles" shall mean a person who falls within the class described in paragraph of section 12.6 of this Part of this by-law. Person - business of towing motor vehicles - defined "person carrying on the business of towing motor vehicles" shall mean a person who falls within the class described in paragraph of section 12.6 of this Part of this by-law. Public parking facility - defined "public parking facility" shall mean a parking lot, structure or building designated under section 12.7 of this Part of this by-law. Residential parking facility - defined "residential parking facility" shall mean any parking lot, structure or building intended for the exclusive use of the of the parking of the motor vehicles of the occupiers of a dwelling unit or complex of dwelling units, and includes that portion of the parking facility designated as parking for visitors to the dwelling unit or complex. Towing company - defined "towing company" shall mean a person who falls within the class described in paragraph of section 12.6 of this Part of this by-law. Unmetered commercial parking facility - defined "unmetered commercial parking facility" shall mean any parking lot, structure or building intended for the use of parking the motor vehicles of the public for any fee however charged, except where charged by means of an individual parking meter or a pay and display parking meter, and an unmetered commercial parking facility includes a parking club facility. 12.2 Operation - without valid licence - prohibited No person shall, in the City: (d) carry on the business of towing motor vehicles where the business, or any part of it, involves the towing of any motor vehicle from a public parking facility without the consent of the owner or operator of such vehicle; carry on the business of storing motor vehicles where the business, or any part of it, involves storing motor vehicles towed from a public parking facility without the consent of the owner or operator of such vehicle; carry on the business of towing motor vehicles where the business, or any part of it, involves towing motor vehicles from an employee parking facility within the Downtown Improvement Area; or carry on the business of storing motor vehicles where the business, or any part of it, involves storing motor vehicles towed from an employee parking facility within the Downtown Improvement Area; without holding a current valid licence for such business issued under the provisions of this by-law. 12.3 Towing motor vehicles contrary to Part 12 - prohibited No person shall carry on the business of towing motor vehicles where the business, or any part of it, involves the towing of any motor vehicle from a public parking facility anywhere in the City, or an employee parking facility within the Downtown Improvement Area without the consent of the owner or operator of such motor vehicle contrary to this Part of this by-law;

35 12.4 Storing motor vehicles contrary to Part 12 - prohibited No person shall carry on the business of storing motor vehicles where the business, or any part of it, involves storing motor vehicles towed from a public parking facility anywhere in the City, or an employee parking facility within the Downtown Improvement Area without the consent of the owner or operator of such motor vehicle contrary to this Part of this by-law. 12.5 Without the consent of the owner or operator For the purpose of the phrase "without the consent of the owner or operator", in reference to a motor vehicle, wherever it appears in this Part: the consent to the towing of a motor vehicle is given in any circumstance where the consent of the owner or operator is given in either oral or written form directly to the towing company or its employee prior to the towing of the motor vehicle; in any circumstance other than that mentioned in paragraph above, the owner or operator shall be taken not to consent to the towing of the motor vehicle; and without restricting the generality of paragraph above, the circumstance mentioned in clause above does not include any circumstance where a consent to towing is attributed to or is deemed to be given by the owner or operator of the motor vehicle as a condition or consequence of the motor vehicle being admitted to or being parked in the public parking facility or where a consent to towing is given by the owner or operator of the public parking facility as agent of the owner or operator of the motor vehicle. 12.6 Towing - storing - business classified The provisions of this Part apply to: that class of person who, in carrying on the business of towing motor vehicles, tows any motor vehicle from a public parking facility anywhere in the City or an employee parking facility within the Downtown Improvement Area without the consent of the owner or operator of such motor vehicle, and without restricting the generality of the foregoing, includes: (i) (ii) any person (in this clause referred to as a "broker") who accepts calls in any manner for the towing of such motor vehicle by a tow truck that is used for hire and that is owned by a person other than the broker or who dispatches, manages or in any other manner oversees a tow truck or tow trucks owned by a person other than the broker; and any person who in association or under contract with a broker tows such motor vehicle. that class of person who, in carrying on the business of storing motor vehicles, stores any motor vehicle towed from a public parking facility anywhere in the City or an employee parking facility within the Downtown Improvement Area without the consent of the owner or operator of such motor vehicle. 12.7 Public parking facilities - public use-by right-invitation The following types of public parking facilities are hereby designated as public parking facilities to which the public by right or invitation has access: "business parking facility"; "metered commercial parking facility"; and "unmetered commercial parking facility". 12.8 Towing - charges - restrictions No person carrying on the business of towing motor vehicles and no driver of a tow truck shall: tow any motor vehicle without the consent of its owner or operator from a metered commercial parking facility or an unmetered commercial parking facility which is not posted with one or more of each of the signs or notices prescribed in Part 13 of this bylaw; tow any motor vehicle without the consent of its owner or operator from an employee parking facility within the Downtown Improvement Area which is not posted with 1 or more signs or notices prescribed in section 12.21 of this Part of this by-law;

36 (d) (e) (f) (g) tow any motor vehicle without the consent of its owner or operator from a business parking facility which is not posted with 1 or more signs or notices prescribe in section 12.21 of this Part of this by-law; charge or accept from any person as compensation an amount in excess of the rates established in Schedule "E" of this by-law in respect of the removal or towing of a motor vehicle when such motor vehicle is towed completely from a public parking facility without the consent of the owner or operator of such motor vehicle; charge or accept from any person any amount as compensation in respect of the removal or towing of such motor vehicle when such motor vehicle is not towed completely from a public parking facility; charge any amount, whether fixed or calculated at a rate based on any unit of time, for waiting; or charge or accept from any person any amount for a service not mentioned in Schedule "E" of this by-law in respect of the removal or towing of a motor vehicle without the consent of its owner or operator from a public parking facility. 12.9 Outside Downtown Improvement Area - no towing - 15 minutes No person carrying on the business of towing motor vehicles and no driver of a tow truck shall, in respect of a motor vehicle in a metered commercial parking facility or an unmetered commercial parking facility outside the Downtown Improvement Area, commence to tow or otherwise convey any motor vehicle, or to hook, lift or connect the motor vehicle to the tow truck, or to perform any other services without the consent of the owner or operator of such motor vehicle until the full elapse of a grace period ending 15 minutes after: the time the London Police Service receives the information required to be provided about the motor vehicle by paragraph of section 12.16 of this Part of this by-law, except where the parking fee is charged by means of a pay and display parking meter; or the expiration time imprinted on the piece of paper dispensed by the pay and display parking meter for the motor vehicle, where the parking fee is charged by means of a pay and display parking meter. 12.10 Within Downtown Improvement Area - no towing - 6 hours No person carrying on the business of towing motor vehicles and no driver of a tow truck shall, in respect of a motor vehicle in a metered commercial parking facility or an unmetered commercial parking facility within the Downtown Improvement Area, commence to tow or otherwise convey any motor vehicle, or to hook, lift or connect the motor vehicle to the tow truck, or to perform any other services without the consent of the owner or operator of such motor vehicle until the full elapse ending 6 hours after the issuance of a parking violation notice under the Corporation s Traffic and Parking By-law in respect of the vehicle. 12.11 Storing - maximum charge - restrictions No person carrying on the business of storing motor vehicles shall: charge or accept from any person as compensation an amount in excess of the rates established in Schedule "E" of this by-law in respect of the care and storage of such motor vehicle; or charge any amount, whether fixed or calculated at a rate based on any unit of time, for waiting; and charge or accept from any person any amount for a service not mentioned in Schedule "E" of this by-law in respect of the care or storage of a motor vehicle towed from a public parking facility without the consent of the owner or operator of such motor vehicle. 12.12 Time of closing - restriction - Schedule `F' No person who, in carrying on the business of storing motor vehicles, stores a motor vehicle towed from a public parking facility without the consent of the owner or operator of such motor vehicle shall close the location where such motor vehicle is stored during any time that the location is required to be open in accordance with Schedule "F" of this by-law for the purpose of enabling the owner or operator of the motor vehicle to recover the possession of the motor vehicle.

37 12.13 Lien - retention - towing - storage - prohibited Despite the Repair and Storage Liens Act, no person who tows a motor vehicle without the consent of the owner or operator from a public parking facility and no person who stores that motor vehicle shall be entitled to retain possession of the motor vehicle or to a lien for the costs and charges of the removal, towing, care or storage of the motor vehicle: unless immediately before being towed the motor vehicle was parked in the public parking facility for a continuous period of 24 hours or more; or unless the motor vehicle is stored for a continuous period of 7 days or more. 12.14 Application - licence - renewal - requirements Every application for the issuance or renewal of a towing company licence and a motor vehicle storer licence shall be made to the Licence Manager and shall contain the following information: (d) (e) the full name, street address and mailing address of the applicant; whether the applicant is a sole proprietorship, partnership or corporation; where the applicant is a sole proprietorship or partnership, the full name, street address, and mailing address of the individual comprising the sole proprietorship or of each individual who is a member of the partnership; where the applicant is a corporation or a partnership of which a member is a corporation, the full name, street address and mailing address of the corporation; in the case of a motor vehicle storer, the location within the City to be used for the storage of motor vehicles towed from a public parking facility without the consent of the owner or operator of the motor vehicle. 12.15 Application - circulation - to appropriate authorities The Licence Manager shall provide a copy of every application for the issuance or renewal of a licence to such civic departments, boards, commissions, authorities or other agencies as the Licence Manager considers may have an interest in the application, which such shall submit comments or recommendations to the Licence Manager in respect of the application within a time specified by the Licence Manager. 12.16 Towing - conditions - restrictions - observed Every Towing Company Licence that is issued for the first time and every renewal thereof is subject to the following conditions: the towing company shall, immediately prior to towing a motor vehicle from a public parking facility anywhere in the city or an employee parking facility within the Downtown Improvement Area without the consent of the owner or operator of the motor vehicle, provide the London Police Service with the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) the name of the towing company; the make, model and licence plate number of the motor vehicle; the public parking facility or employee parking facility from which the motor vehicle is to be towed; the location within the City to which the motor vehicle is being towed for storage; the date and time when the motor vehicle is to be towed from the public parking facility; the motor vehicle is being towed without the consent of the owner or operator; such other particulars as the Department may require; and in the case of a metered commercial parking facility or an unmetered commercial parking facility within the Downtown Improvement Area, the particulars of the number and time of issuance of a parking violation notice issued under the Corporation s Traffic and Parking By-law in respect of the motor vehicle;

38 every motor vehicle towed from a public parking facility anywhere in the City or an employee parking facility within the Downtown Improvement Area without the consent of the owner or operator of the motor vehicle shall be taken forthwith by the towing company for storage to a location within the City operated by a motor vehicle storer holding a valid licence under this by-law; and all motor vehicles used by a towing company in the course of the towing of any motor `vehicle from a public parking facility anywhere in the City or an employee parking facility within the Downtown Improvement Area without the consent of the owner of operator of such motor vehicle shall bear on both sides of each such towing motor vehicle using letters and figures not less than 4 centimetres (1.5 inches) in height and clearly legible at a distance of 6 metres (20 feet) the words "City of London Towing Company Licence Account No. -" followed by the number of the licence issued under this by-law to the towing company. 12.17 Storage - conditions - restrictions - observed Every Motor Vehicle Storer Licence that is issued for the first time and every renewal thereof is subject to the following conditions: the motor vehicle storer shall post at the storage location a sign, clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies, bearing: (i) (ii) (iii) (iv) the rates established in Schedule "E" of this by-law in respect of the care and storage of a motor vehicle towed from a public parking facility without the consent of the owner; a statement that the motor vehicle storer is not entitled to retain possession of the motor vehicle or to a lien for the costs and charges for care or storage of the motor vehicle unless before being towed the motor vehicle was parked in the public parking facility for a continuous period of 24 hours or more or unless the motor vehicle is stored by the motor vehicle storer for a continuous period of 7 days or more; the opening hours established in Schedule "F" of this by-law; and a telephone number that may be used during closing hours to obtain the release from the storage locations of any motor vehicle towed from a public parking facility; the motor vehicle storer shall notify the London Police Service as soon as practicable of any motor vehicle that has not been claimed within 7 days from the time when it was towed from the public parking facility; and the motor vehicle storer shall ensure during closing hours on weekdays, weekends and holidays that, within 1 hour of the storer receiving a call in any manner from the owner or operator of a motor vehicle towed to the storer's storage location, the storage location will be opened to allow the owner or operator to retrieve the motor vehicle. 12.18 Licence - ownership - privilege - limitation The privilege to operate a towing company or motor vehicle storage business, as the case may be, conferred by a licence issued under this Part of this by-law may be enjoyed only by the person named in the licence or renewal certificate as the holder of the licence. 12.19 Licence - property of City - transfer - other - prohibited Every licence issued under this Part of this by-law at all times is owned by and is the property of the Corporation and no licence may be sold, purchased, leased, mortgaged, charged, encumbered, assigned, pledged, transferred, seized, distrained or otherwise dealt with. 12.20 Towing - prohibited - public parking facility - conditions No owner or operator of a public parking facility and no person carrying on a business with which a public parking facility is connected shall tow or cause any motor vehicle to be towed without the consent of the motor vehicle's owner or operator from a public parking facility unless the parking facility is posted with 1 or more signs or notices prescribed in sections 13.6 of Part 13 of this by-law or in section 12.21 of this Part of this by-law. 12.21 Signs to be posted - Downtown - employee facility - elsewhere - business facility Every person carrying on the business of towing motor vehicles without the consent of the motor vehicle s owner or operator from an employee parking facility within the Downtown Improvement Area or from a business parking facility anywhere in the City, shall:

39 post or cause to be posted one or more signs in the prescribed form as follows: (i) (ii) (iii) Form 2 sign as prescribed in section 13.6 of this by-law shall be posted at each entrance to the parking facility; Form 5 sign as prescribed in section 13.6 of this by-law shall be posted at each entrance to the parking facility immediately below the Form 2 sign; one or more signs in the form contained in Schedule I of this by-law containing the information required in section 13.8 of this by-law; obtain approval of a sign location plan by the Transportation Division of the Department of Environmental Services before posting the signs. 12.22 Signs to conform - Table 1 The signs prescribed in section 12.21 of this by-law shall conform to the sizes and colours set out in Table 1 of Part 13 of this by-law and shall be in the forms set out in Schedule J of this by-law modified in the case of Forms 1, 2, 4 and 6 only to reflect the circumstances of the parking facility: 12.23 Signs - Visible - illuminated - reflective - material Every sign required by section 12.21 shall be posted at least 2 metres from ground level in a manner that avoids the sign being obstructed from view, shall be clearly visible from each entrance, and shall be visible at night by means of illumination or reflective material. 12.24 Access lanes - Towing This Part of this By-law does not apply to a lane located on private property where the lane is used or intended for the purpose of gaining access by motor vehicle to all or some portion of the property and where signs are posted on the lane prohibiting the parking of motor vehicles thereon. 13.1 Definitions In this Part, Part 13 PARKING FACILITIES Commercial parking facility - metered - defined metered commercial parking facility shall mean any parking lot, structure or building intended for the use of parking of motor vehicles of the public for any fee where charged by means of an individual parking meter or a pay and display parking meter, and a metered commercial parking facility includes a metered parking club lot or facility. Commercial parking facility - unmetered - defined "unmetered commercial parking facility" shall mean any parking lot structure or building intended for use of parking motor vehicles of the public for any fee however charged, except where such fee is charged by means of an individual parking meter or a pay and display parking meter, and an unmetered commercial parking facility includes an unmetered parking club lot or facility. Motor Vehicle - defined motor vehicle includes an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power. Parking club lot - defined "parking club lot or facility" shall mean a parking lot, structure or building represented to the public by advertising, signs or other means as comprising a club or association (sometimes referred to as a "parking club") in respect of which, any person (in this clause referred to as a "member") becomes eligible to become a member upon parking a motor vehicle in the parking club lot or facility; the membership fee is calculated in whole or in part according to the duration of time the member's motor vehicle is parked in the parking club lot or facility; and the principle benefit of membership is the use of the parking club lot or facility for the parking of the member's motor vehicle for the duration of time covered by the membership fee.

40 Parking facility - defined "parking facility" shall include a metered commercial parking facility and an unmetered commercial parking facility". 13.2 Operation - without valid licence - prohibited No person shall, in the City, operate a parking facility without holding a current valid licence for such premises or business issued under the provisions of this by-law. 13.3 Parking facility - site plan - conformity No person shall, in the City, operate a parking facility that is not in conformity with the site plan, if any, approved for such facility under the Planning Act. 13.4 No operation - contrary to this Part of by-law No person shall operate a parking facility contrary to this Part of this by-law. 13.5 Towing - signs not posted - prohibited No owner or operator of a parking facility shall tow any motor vehicle or permit any motor vehicle to be towed from the parking facility unless such owner or operator has posted one or more signs in accordance with sections 13.6 and 13.8 of this Part of this by-law. 13.6 Signs - posted - size - requirements No person who is an owner or operator of a parking facility anywhere in the City, shall fail to keep signs affixed upon such parking facility, in a conspicuous place, at all times visible to the general public, in accordance with the following regulations: In the case of a parking facility from which a motor vehicle may be towed without the consent of the owner or operator of the vehicle, and where such parking facility is using parking meters or other mechanical devices, such meters or devices shall clearly display the name of the parking lot owner or operator; In the case of a parking facility in which restricted and public parking areas are separate, one or more signs in the prescribed Forms shall be posted as follows: (i) (ii) a Form 3 sign shall be posted at each entrance to the parking facility; a Form 2 sign shall be posted at the entrance to the restricted parking area; and in the case where the owner or operator of such a parking facility who, in operating the facility, tows or permits any motor vehicle to be towed from the facility to some other location for the reason that the motor vehicle was parked beyond the time paid for or was otherwise improperly parked, one or more signs in the prescribed Forms shall be posted as follows: (iii) (iv) a Form 5 sign shall be posted at each entrance to the parking facility immediately below the Form 3 sign and at each entrance to the restricted parking area immediately below the Form 2 sign. a Form 4 sign shall be posted at each entrance to the parking facility immediately below the Form 5 sign; In the case of a parking facility in which restricted and public parking areas are common, one or more signs in the prescribed form shall be posted as follows: (i) (ii) a Form 3 sign shall be posted at each entrance to the parking facility; a Form 6 sign shall be posted at every reserved parking space; and in the case where the owner or operator of such a parking facility who, in operating the facility, tows or permits any motor vehicle to be towed from the facility to some other location for the reason that the motor vehicle was parked beyond the time paid for or was otherwise improperly parked, one or more signs in the prescribed Forms shall be posted as follows: (iii) (iv) a Form 5 sign shall be posted at each entrance to the parking facility immediately below the Form 3 sign. a Form 4 sign shall be posted at each entrance to the parking facility immediately below the Form 5 sign;

41 (d) In the case of a parking facility where its use for the parking of motor vehicles is charged by means of an individual parking meter or a pay and display parking meter, one or more of the signs in the prescribed form shall be posted as follows: (i) a Form 1 or a Form 3 sign shall be posted at each entrance to the parking facility; and in the case where the owner or operator of such a parking facility who, in operating the facility, tows or permits any motor vehicle to be towed from the facility to some other location for the reason that the motor vehicle was parked beyond the time paid for or was otherwise improperly parked, one or more signs in the prescribed Forms shall be posted as follows: (ii) (iii) a Form 5 sign shall be posted at each entrance to the parking facility immediately below the Form 3 sign. a Form 4 sign shall be posted at each entrance to the parking facility immediately below the Form 5 sign; (e) In the case of a parking facility where its use for the parking of motor vehicles is charged by making payment to an on-site attendant either upon entry or departure or both, one or more signs in the prescribed form shall be posted as follows: (i) a Form 1 or a Form 3 sign shall be posted at each entrance to the parking facility; and in the case where the owner or operator of such a parking facility who, in operating the facility, tows or permits any vehicle to be towed from the facility to some other location for the reason that the vehicle was parked beyond the time paid for or was otherwise improperly parked, one or more signs in the prescribed Forms shall be posted as follows: (ii) (iii) a Form 5 sign shall be posted at each entrance to the parking facility immediately below the Form 3 sign; a Form 4 sign shall be posted at each entrance to the parking facility immediately below the Form 5 sign; (f) (g) In the case of a parking facility which is only offered to the public for use during specified times and at other times is used for private parking purposes only, the Form 1 sign shall be posted at each entrance to the parking facility instead of the Form 2 or the Form 3 sign required by this by-law; The signs prescribed herein shall conform to the sizes and colours set out in Table 1of this Part of this by-law and shall be in the forms set out in Schedule J of this by-law modified in the case of Forms 1, 2, 4 and 6 only to reflect the circumstances of the parking facility: Part 13 - Table 1 (Prescribed Signs) Sign Size (Minimum) Colours Form 1 24" x 36" Symbol 9" Bold Letters 2 ½" Regular print 1 1/4" Form 2 24" x 36" symbol 9" bold letters 2 ½" regular print 1 1/4" On white reflective background, RESTRICTED: red reflective interdictory symbol; black legend symbol and border. AUTHORIZED: green reflective annular band; black legend, symbol and border. PENALTY: black legend and border on white reflective background, RESTRICTED: red reflective interdictory symbol; black legend, symbol and border. PENALTY: black legend and border.

42 Form 3 24" x 36" symbol 9" bold letters 2 ½" regular print 1 1/4" Form 4 14" x 20" regular print 1 1/4" Form 5 12" x 12" symbol 6" bold letters 1 1/4" regular print 1 1/4" Form 6 13" x 18" bold letters 1 1/4" regular print 1 1/4" on white reflective background, AUTHORIZED: green reflective annular band; black legend, symbol and border. PENALTY: black legend and border on white reflective background, red legend and border. RATES AREA: white print on red background on yellow reflective background, black legend, symbol and border. on white reflective background, black legend and border (h) Every sign shall: (i) (ii) (iii) be posted at least 2 metres from ground level in a manner that avoids the sign being obstructed from view; be clearly visible from each parking space or series of parking spaces to which the sign applies; and be visible at night by means of illumination or reflective material. 13.7 Signs - posting - location - approval No owner or operator of a parking facility anywhere in the City shall fail to: post the signs prescribed in accordance with the standards specified under section 13.6 of this by-law; and obtain approval of a sign location plan by the Transportation Division of the Department of Environmental Services before posting the signs. 13.8 Towing - notice - posted - form - Schedule 'I' No owner or operator of a parking facility who, in operating the facility, tows or permits any motor vehicle to be towed from the facility to some other location for the reason that the motor vehicle was parked beyond the time paid for or was otherwise improperly parked, shall fail to keep posted upon the facility, in a conspicuous place, at all times visible to the general public, at least one sign for every 25 parking spaces or portion thereof, in the form contained in Schedule "I" of this by-law and on which is shown: by means of the business name, municipal address and telephone number, the location to which any motor vehicle is towed from the facility; and the maximum amount of towing and storage costs charged in respect of any motor vehicle towed from the facility. 13.9 Signs location - requirements No owner or operator of a parking facility who, in operating the facility, tows or permits any motor vehicle to be towed from the facility to some other location for the reason that the motor vehicle was parked beyond the time paid for or was otherwise improperly parked, shall fail to keep the signs required to be posted by section 13.8 of this Part of this by-law, at least 2 metres from ground level and in a manner: that avoids the signs being obstructed from view; that ensures that the signs are clearly visible from each parking space or series of parking spaces to which the signs apply; and that ensures that the signs are visible at night by means of illumination or reflective material.

43 Part 14 PLACE OF AMUSEMENT 14.1 Definitions In this Part: Adult person - defined "adult person" shall mean a person who has attained the age of 21 years or more. Place of amusement - defined "place of amusement" shall mean a building, room or area which is devoted to the offering of facilities for the play of: more than three games of chance; or more than three games of mixed chance and skill for the amusement of the public, which is not contrary to the Criminal Code of Canada but does not include premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys. 14.2 Operation - without valid licence - prohibited No person shall, in the City, operate a place of amusement without holding a current valid licence for such premises or business issued under the provisions of this by-law. 14.3 Permitted Location A place of amusement must be located in accordance with any applicable zoning by-law, including Zoning By-law Z-1 or any successor thereto. 14.4 Information - requirements - application form - duty In addition to all other information required on the application form for a Place of Amusement Licence, where the applicant is an individual, the following information shall also be provided: all addresses at which the applicant has resided or carried on business during the past 2 years; other names by which the applicant has carried on business or has been known within the past 2 years. 14.5 Hours of operation - restrictions No person who is a holder of a Place of Amusement Licence shall operate a place of amusement: on any day which is a "holiday" under the Retail Business Holidays Act, except between the hours of 1:00 o'clock in the afternoon of that day and 11:00 o'clock in the afternoon of the same day (local time); or on any Friday or Saturday that is not a "holiday" under clause above except between the hours of 9:00 o'clock in the forenoon and 12:00 o'clock midnight (local time); on any other day that is not subject to clause or clause above except between 9:00 o'clock in the forenoon and 11:00 o'clock in the afternoon of the same day (local time). 14.6 Lighting - sufficient - safe use by public No person who is a holder of a Place of Amusement Licence shall fail to have every part of the place of amusement sufficiently lighted so as to permit the safe use of the facility by the public. 14.7 Waste receptacles - location - accessible to users No person who is a holder of a Place of Amusement Licence shall fail to locate within the place of amusement waste receptacles accessible to users of the premises. 14.8 Supervision - by adult person - at all times No person who is a holder of a Place of Amusement Licence shall fail to have the place of amusement supervised by an adult person who shall remain on the premises at all times when the premises are open in accordance with this by-law.

44 Part 15 PLUMBERS - DRAIN LAYERS 15.1 Definitions In this Part: Drainage - defined "drainage" shall mean a drain or system of drains outside a building to receive and convey liquids or liquid-borne waste from any source into public sewage works, private sewage works, a septic system or a natural outlet. Drainage Contractor - defined drainage contractor shall mean a person who as principal, servant or agent, by himself or his associates, employees, servants or agents, performs for another person, for or without remuneration or gain any drainage work. Drain Layer - defined drain layer shall mean a person who performs or offers to perform for another person, for or without remuneration or gain any drainage work. Drainage work - defined "drainage work" shall mean: the constructing, repairing, cleaning or replacing of drainage which is done by a person to premises other than his own residence, but does not include the maintenance of industrial or commercial drains done by the owner of such facilities or his employees; and the installation or repair of water service outside a building. Plumbing - defined "plumbing" shall mean: (d) (e) a system of connected piping, fittings, valves and appurtenances that receives water from a private source of supply or from a public water main and conveys the water into and within a building or to a place of use on a property; fixtures and fixture trim; drainage piping, including all traps, fittings and appurtenances, within a building; storm drainage piping within a building; and a venting system, including all fittings and appurtenances. Plumbing Contractor - defined plumbing contractor shall mean any person who as principal, servant or agent, by himself or his associates, employees, servants or agents, performs for another person, for or without remuneration or gain any plumbing work. Plumbing work - defined "plumbing work" shall mean plumbing which is done by a person to premises other than his own residence but does not include the replacement of a hot water heater. Journeyperson plumber - defined "journeyperson plumber" shall mean a person who has been issued a certificate of qualification in the trade of plumber under the Trades Qualification and Apprenticeship Act. 15.2 Operation - without valid licence - prohibited No person shall, in the City: carry on any activity as a plumbing contractor; or carry on any activity as a drain layer; or carry on any activity as a drainage contractor, without holding a current valid licence for such business issued under the provisions of this by-law.

45 15.3 Drainage Contractor - Drainage works - performance - distance from buildings No drainage contractor shall perform or permit to be performed any drainage works within a building or closer than lm (3ft 3in) to the outside wall of a building. 15.4 Drain Layer - Drainage works - performance - distance from buildings No drain layer shall perform or permit to be performed any drainage works within a building or closer than 1m (3ft 3in) to the outside wall of a building. 15.5 Licensing requirements - plumbing contractor Only persons who hold a journeyperson plumber certificate of qualification or who have in their employ a person occupying a supervisory position who holds a journeyperson plumber certificate of qualification, or unless any work that he undertakes is contracted out to and performed by a plumbing contractor who holds a journeyperson plumber certificate of qualification, or has in his employ a person occupying a supervisory position who holds a journeyperson plumber certificate of qualification may be licensed as a plumbing contractor. 15.6 Licensing requirements - drainage contractor Only persons who hold a Drain Layer s Licence or who have in their employ a person occupying a supervisory position who is licensed as a drain layer, or unless any work that he undertakes is contracted out to and performed by a drain layer who holds a Drain Layer s Licence, or has in his employ a person occupying a supervisory position who holds a Drain Layer s Licence may be licensed as a drainage contractor. 15.7 Plumbing Contractor - liability insurance - WSIB certificate No person shall in the City carry on any activity as a plumbing contractor without filing with the Licence Manager an initial application for a plumbing contractor s business licence and for each such renewal thereof: proof of liability insurance in the amount of $2,000,000.00 inclusive of public liability and property damage; and where the plumbing contractor employs persons other than himself/herself, a certificate of clearance from the Workplace Safety Insurance Board. 15.8 Drainage Contractor - liability insurance - WSIB certificate No person shall carry on any activity as a drainage contractor in the City without filing with the Licence Manager with an initial application for a drainage contractor s business licence and for each such renewal thereof: proof of liability insurance in the amount of $2,000,000.00 inclusive of public liability and property damage; and where the drainage contractor employs persons other than himself/herself, a certificate of clearance from the Workplace Safety Insurance Board. 15.9 Exemption - from licence - requirement The following shall be exempt from the requirements to be licensed under the provisions of this Part of this by-law: a person who contracts to construct a new dwelling unit may contract to provide the plumbing for such dwelling unit so long as all such work is done under a building permit by a plumbing contractor; a person who holds a certificate of qualification under the Trades Qualification and Apprenticeship Act in the trade of plumber as a journeyperson plumber or apprentice plumber may do plumbing work or drainage work while working in the service of and under the direction of a person who is a plumbing contractor. homeowners performing plumbing or drainage work on their own residence. 15.10 Journeyperson - apprentice - provincial papers - required No person who is qualified as a journeyperson plumber or apprentice plumber shall fail to carry a copy of his provincial papers with him at any time that he is doing plumbing or drainage work and shall not fail to produce the papers upon the demand of a municipal inspector. 15.11 Apprentice - permitted work - conditions A person who holds a certificate of qualification under the Trades Qualification and Apprenticeship Act in the trade of plumber as an apprentice plumber may do plumbing work or drainage work: while working in the service of and at the direction of a journeyperson plumber; or

46 while working in the service of his employer within premises which are owned and occupied by such employer for the employer's own business purposes. 15.12 Plumbing Contractor - form - Schedule "H" A person who seeks to be licensed as a plumbing contractor shall provide an undertaking from a journeyperson plumber who holds a Certificate of Qualifications from the Ministry of Training, Colleges and Universities in the form of Schedule "H" of this by-law. 15.13 Plumbing Contractor - licence posted - at all times The licence issued to a plumbing contractor shall be posted in public view at the contractor's regular place of business at all times when the licence is not suspended or revoked. 15.14 Plumbing Contractor - licence number - displayed on vehicles No holder of an Plumbing Contractor's Licence shall operate or permit to be operated any vehicle used for the business of a plumbing contractor unless such vehicle has on it, on both sides, in letters and in figures not less than 4 centimetres (1 ½ inches) in height and clearly legible at a distance of 6 metres (20 feet), the words "City of London Plumbing Contractor's Licence Account No." followed by the account number of the Plumbing Contractor's Licence issued to any such licence holder. 15.15 Plumbing Contractor - licence number - printed on advertising and forms No holder of a Plumbing Contractor's Licence shall use or permit to be used any stationery, forms, bills, invoices, statements or any other printed or written advertising material for the business of a plumbing contractor unless all such materials have printed on them in at least 10 point typeface and in clearly legible letters and figures the inscription "City of London Plumbing Contractor's Licence Account No." followed by the account number of the Plumbing Contractor's Licence issued to any such licence holder. 15.16 Plumbing Contractor - suspension - condition The licence issued to a plumbing contractor is suspended and shall be immediately surrendered to the Licence Manager by the plumbing contractor if the journeyperson plumber who has provided the undertaking in the form of Schedule "H" of this by-law is for any reason not available to supervise or conduct plumbing work for the plumbing contractor. 15.17 Drain Layer - examination - required No person shall receive a Drain Layer's Licence under this by-law until he has passed an examination set by the Board of Examiners. 15.18 Drain Layer - licence - carried - produced on demand No holder of a Drainage Contractor's Licence shall fail to carry a copy of his licence with him at any time that he is doing drainage work and shall not fail to produce the licence upon the demand of a municipal inspector. 15.19 Drainage Contractor - form - Schedule "H" A person who seeks to be licensed as a drainage contractor shall provide an undertaking from a journeyperson plumber or drain layer in the form of Schedule "H" of this by-law. 15.20 Drainage Contractor - licence - posted - at all times The licence issued to a drainage contractor shall be posted in public view at the contractor's regular place of business at all times when the licence is not suspended. 15.21 Drainage Contractor - licence number - displayed on vehicles No holder of a Drainage Contractor's Licence shall operate or permit to be operated any vehicle used for the business of a drainage contractor unless such vehicle has on it, on both sides, in letters and in figures not less than 4 centimetres (1 ½ inches) in height and clearly legible at a distance of 6 metres (20 feet), the words "City of London Drainage Contractor's Licence Account No." followed by the account number of the Drainage Contractor's Licence issued to any such licence holder. 15.22 Drainage Contractor - licence number - printed on advertising and forms No holder of a Drainage Contractor's Licence shall use or permit to be used any stationery, forms, bills, invoices, statements or any other printed or written advertising material for the business of a drainage contractor unless all such materials have printed on them in at least 10 point typeface and in clearly legible letters and figures the inscription "City of London Drainage Contractor's Licence Account No." followed by the account number of the Drainage Contractor's Licence issued to any such licence holder. 15.23 Drainage Contractor - suspension - condition The licence issued to a drainage contractor is suspended and shall be immediately surrendered to the Licence Manager by the drainage contractor if the journeyperson plumber or drain layer who has provided the undertaking in the form of Schedule "H" of this by-law is for any reason not available to supervise or conduct drainage work for the drainage contractor.

47 15.24 Working - multiple contractors - prohibited No journeyperson plumber or drain layer shall act as such for more than one plumbing or drainage contractor at any one time. 15.25 Board of Examiners - composition - by appointment The Board of Examiners is hereby continued and shall be composed of such persons as are appointed by the Council from time to time. 15.26 Board of Examiners - quorum - 2 members Two members of the Board of Examiners shall constitute a quorum. 15.27 Board of Examiners - examination - of applicants The Board of Examiners shall examine the qualifications of applicants as required under this Part of this by-law in such manner as it considers appropriate. 16.1 Definitions In this Part, Part 16 PUBLIC GARAGE (AUTOMOTIVE RENTAL, SALES, AND SERVICE) Automobile service station - defined "automobile service station" shall mean a building or place where gasoline, oil, grease, anti-freeze, tires, tubes, tire accessories, electric light bulbs, spark-plugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased or have their ignitions 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 Motor Vehicle - defined motor vehicle includes an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power. Public garage - defined "public garage" includes any of the classes of public garage established in section 16.2 of this by-law. 16.2 Licence - classes - public garage The following classes of public garage are hereby established: Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 shall include a building or place where motor vehicles are hired or kept or used for hire; shall include a building or place where motor vehicles are stored or kept for sale; shall include a place being an open lot only where motor vehicles are stored or kept for sale; shall include a building or place where gasoline or oil products are stored or kept for sale; shall include a building or place used as a motor vehicle repair shop; shall include a building or place used for washing or cleaning motor vehicles; and shall include an automobile service station. 16.3 Operation - without valid licence - prohibited No person shall, in the City, operate a public garage without holding a current valid licence for such premises or business issued under the provisions of this by-law. 16.4 No operation - contrary to this Part of by-law No person shall operate a public garage contrary to this Part of this by-law. 16.5 Licence - limited - specific uses Any Public Garage Licence issued under the provisions of this by-law may be for all or any of the purposes or classifications which are included in section 16.2 of this by-law, but the licence shall be limited to the purposes of the class designated therein.

48 16.6 Classification of garage - designated - in application Every applicant for a Public Garage Licence shall indicate on the application form the class or classes of the proposed business as provided in section 16.2 of this by-law. 16.7 Signs - posted - conspicuous - size - requirements No person who is an owner or operator of a public garage shall fail to keep affixed upon such public garage, in a conspicuous place, at all times visible to the public, a sign upon which shall be legibly printed in letters 7.6 centimetres (3 inches) or more in height, the name of the owner or operator of such public garage. 17.1 Definitions In this Part: Part 17 PUBLIC HALL Premises - defined "premises" shall include cloak rooms, washrooms, kitchens and other service rooms used in connection therewith. Public hall - defined "public hall" shall mean a building, including a portable building or tent, with seating capacity for over one hundred persons, that is offered for use or is used as a place of public assembly, but does not include a theatre within the meaning of the Theatres Act or a building, except a tent, used solely for religious purposes. 17.2 Operation - without valid licence - prohibited No person shall, in the City, use, or offer for use, any building or part thereof as a public hall without holding a current valid licence for such premises or business issued under the provisions of this by-law. 17.3 Exemption - from licence - requirement No Public Hall Licence shall be required under this by-law by any religious organization by reason that its hall or building may be used for entertainment given or held by it, but every such hall shall, in all other respects, comply with this by-law. 17.4 Maximum capacity - Prohibited to exceed No owner, lessee, licensee or occupant of a public hall shall allow a greater number of persons to enter and to be in the hall at any one time than is stated to be the maximum capacity of the hall on the licence. 17.5 Electric wiring - Electrical Safety - certification Every applicant for a Public Hall Licence shall provide the Licence Manager with a certificate, dated within 3 months of the application, signed by an inspector of Electrical Safety Authority, certifying that the electric wiring has been inspected and is satisfactory. 18.1 Definitions In this Part: Part 18 REFRESHMENT VEHICLES Refreshment vehicle - defined "refreshment vehicle" shall mean any vehicle from which refreshments are sold for consumption by the public and includes, without limiting the generality of the foregoing, carts, wagons, trailers and trucks, irrespective of the type of motive power employed to move the refreshment vehicle from one point to another. Waste - defined "waste" includes food, disposable eating utensils, paper, wood, cardboard, plastic, glass or metal products used in the preparation, serving or consumption of the food or beverages offered for sale from a refreshment vehicle. 18.2 Licence- categories - refreshment vehicles The following categories of refreshment vehicle are hereby established: Category 1 shall include a hand cart or peddled vehicle from which food products are sold or offered for human consumption from one location on a daily, weekly or annual basis, and where the food products are prepared or cooked on the vehicle or elsewhere.

49 Category 2 Category 3 Category 4 Category 5 Category 6 Category 7 shall include a hand cart or peddled vehicle from which food products are sold or offered for human consumption and that is moved from one location to another location upon the completion of each sale, and where the food products are prepared or cooked on the vehicle or elsewhere. shall include a vehicle or trailer from which food products are sold or offered for human consumption from any one location for more than 15 days, not necessarily consecutive, in total in one calendar year, and where the food products are prepared elsewhere. shall include a vehicle or trailer from which food products are sold or offered for human consumption from various locations but not more than a total of 15 days, not necessarily consecutive, from any one location in one calendar year, and where the food products are prepared elsewhere. shall include a vehicle or trailer from which food products are sold or offered for human consumption from any one location for more than 15 days, not necessarily consecutive, in total in one calendar year, and where the food products are prepared on the vehicle or trailer. shall include a vehicle or trailer from which food products are sold or offered for human consumption from various locations but not more than a total of 15 days, not necessarily consecutive, from any one location in one calendar year and the food products are prepared on the vehicle or trailer. shall include a vehicle or trailer, which is no greater than 10 metres (33 feet) in length, and 2.6 metres (8.5 feet) in width, from which food products are sold or offered for human consumption from a location on City owned property and where the food products are prepared on the vehicle or trailer. 18.3 Operation - without valid licence - prohibited No person shall, in the City, operate a refreshment vehicle without holding a current valid licence for such premises or business issued under the provisions of this by-law. 18.4 Operator - responsibility - matters - prohibited No person shall: operate a refreshment vehicle on a site located on a municipal sidewalk without a current and valid Street Sale Permit issued under the provisions of this Part of this by- law; operate a refreshment vehicle on a site located on a municipal sidewalk other than the site allocated to the refreshment vehicle owner by a Street Sale Permit; operate a refreshment vehicle on a site located on a municipal sidewalk during the period from and including November 1 of one year up to and including March 31 of the following year; (d) operate a Category 1, 2, 3, 4, 5 or 6 refreshment vehicle at a distance of 8 metres (26 feet) or less from the front entrance of an eating establishment or a place where foodstuffs are offered for sale, if the refreshment vehicle offers for sale the similar food products as does the eating establishment or the place where foodstuffs are offered for sale; (e) (f) (g) (h) (i) (j) operate a refreshment vehicle without the vehicle having the name of the licensee displayed on each side thereof in letters at least 10 centimetres (4 inches) in height; fail to affix a refreshment vehicle licence plate issued under the provisions of this Part of this by-law in a conspicuous place on a refreshment vehicle for which it was issued; fail to affix a Street Sale Permit plate issued under the provisions of this Part of this bylaw in a conspicuous place on the refreshment vehicle for which it was issued; fail to display the Refreshment Vehicle Licence number in figures at least 15 centimetres (6 inches) high on a refreshment vehicle; when holding a valid Street Sale Permit, allow waste to accumulate at the designated site to which that person has been assigned during the hours of operation of the said refreshment vehicle. operate a refreshment vehicle which uses propane fuel for the preparation and/or heating of food products without an annual safety certification of such propane

50 components of the vehicle by a certified and registered gas fitter in accordance with the guidelines of the Technical Standards and Safety Authority. 18.5 Refreshment Vehicle Licence - separate - each vehicle Each refreshment vehicle shall have a separate licence pertaining specifically to that refreshment vehicle. 18.6 Certificate - issued - plate - affixed to vehicle The Refreshment Vehicle Licence consists of a paper certificate of licence and a licence plate. The licence plate shall be required to be affixed to the refreshment vehicle in a conspicuous place. 18.7 Licence number - affixed to vehicle - size requirement In addition to the requirements of section 18.6 of this Part of this by-law, the licence number shall be affixed to the refreshment vehicle in figures at least 15 centimetres (6 inches) high. 18.8 Health considerations - licensee - responsibility Every person to whom a Refreshment Vehicle Licence is issued under the provisions of this by-law shall, at all times in respect of the premises or the vehicle for which the licence has been issued hereunder: keep the same, together with all utensils and equipment therein, in a clean and sanitary condition to the satisfaction of the Medical Officer of Health; when and as often as requested by the Medical Officer of Health to do so, procure and produce to him a certificate of an approved qualified physician, certifying the good health of any person employed in or occupying the said premises or vehicle, including certification that such physician has carried out a physical examination of such persons and has submitted to the Medical Officer of Health such laboratory specimens as the Medical Officer of Health may direct for the purpose of determining that such persons are free from infection or communicable disease; and after a request referred to in section above, no person in respect of whom such request has been made shall be employed in, be in or occupy the said premises or vehicle without a certificate of the Medical Officer of Health that all requirements have been met. 18.9 Street Sale Permit - required - sidewalk sales -non-transferable In addition to a Refreshment Vehicle Licence, all persons wishing to operate a refreshment vehicle at a site located on a municipal sidewalk within the boundaries of the City shall apply to the Licence Manager, on forms to be provided by him, for a permit to be known as a "Street Sale Permit", and such Street Sale Permit shall not be transferable. 18.10 Street Sale Permit - paper certificate The Street Sale Permit consists of a paper certificate identifying the location at which sales may be conducted. 18.11 Street Sale Permit - valid - 1 period only A Street Sale Permit shall be valid for only 1 period of the refreshment vehicle season defined in section 18.13 of this Part of this by-law. 18.12 Street Sale Permit - insurance - requirement Persons to whom a Street Sale Permit is issued under the provisions of this Part of this by-law shall provide to the Licence Manager proof, to the satisfaction of the City Treasurer, of $2,000,000.00 public liability insurance coverage with respect to their refreshment vehicle operations. 18.13 Season - 2 periods - Refreshment Vehicle - Street Sale Permit There shall be 2 periods during which refreshment vehicles having been issued with a Street Sale Permit will be permitted to operate on municipal sidewalks in the City. The first period shall commence on April 1 and end on July 15 inclusive. The second period shall commence on July 16 and end on October 31 inclusive. The 2 periods shall form the City "refreshment vehicle season." 18.14 Downtown Improvement Area Category 1 location - permitted The following sites as demarcated by 4 painted spots on the sidewalk are the only sites located on a municipal sidewalk within the Downtown Improvement Area from which Category 1 refreshment vehicles shall operate: (i) the southeast corner of Dundas Street and Wellington Street; (ii) the north side of Dundas Street between Clarence Street and Wellington Street, in front of 236 Dundas Street;

51 (iii) (iv) (v) (vi) (vii) (viii) (ix) the south side of Dundas Street between Clarence Street and Richmond Street, in front of 189 Dundas Street; the north side of Dundas Street between Clarence Street and Richmond Street, in front of 202 Dundas Street; the south side of Dundas Street, west of Richmond Street at the pedestrian walkway to the Covent Garden Market; the north side of Dundas Street, west of Talbot Street; the north side of King Street, west of Clarence Street; the northeast corner of King Street and Wellington Street; the southeast corner of Queens Avenue and Clarence Street; and all of the above locations shall be precisely demarcated by the Licence Manager in conjunction with the City Engineer so as to identify the exact location where refreshment vehicles may be located. 18.15 Downtown Improvement Area - Category 1 sites The following regulations apply for determining the allocation of Category 1 refreshment vehicle sites established in section 18.14 of this by-law: (d) (e) (f) (g) (h) during the month of January in each year, the Licence Manager is to accept applications for Street Sale Permits from licensed refreshment vehicle operators holding valid Refreshment Vehicle Licences wishing to operate within the London Downtown Improvement Area; an applicant may apply for one or both periods that comprise the refreshment vehicle season; during the month of February in each year, the Licence Manager shall determine from all applications for a Street Sale Permit to operate a refreshment vehicle in the Downtown Improvement Area, by lot, at a time and place to be set by him, the applicant to be assigned to each site for a Street Sale Permit for each period; all such Street Sale Permit applicants will be notified of the time and place of the determination by lot and may be present at the determination; all surplus refreshment vehicle sites in the Downtown Improvement Area not allocated by lot pursuant to the regulations of this by-law, and those sites that become available from time to time during a refreshment vehicle season, shall be allocated on a "first come, first served" basis by the Licence Manager; all decisions of the Licence Manager with respect to refreshment vehicle site allocations shall be final; payment of a Street Sale Permit fee as set out in Schedule "A" of this by-law shall be required upon receipt of the said permit; all Street Sale Permit applicants allocated a refreshment vehicle site who fail to pay the Street Sale Permit fee within 30 days of the assignment of a site pursuant to section 18.15 of this by-law will have such assignment revoked by the Licence Manager. The refreshment vehicle site will then be re-allocated pursuant to section 18.15 (e) of this bylaw. 18.16 Other areas - sites - determination The following regulations apply for determining the allocation of Category 1 refreshment vehicle sites in the City other than those sites (Downtown Business Improvement Area) regulated by section 18.14 of this Part of this by-law: the Licence Manager will accept applications from refreshment vehicle operators holding valid Refreshment Vehicle Licences wishing to operate at a location on a municipal sidewalk within the boundaries of the City but outside the boundaries of the Downtown Improvement Area; the applicant shall provide particulars of the exact location for which the Street Sale Permit is requested;

52 (d) (e) (f) (g) all such Street Sale Permit applications will be subject to such approvals as the Licence Manager deems necessary; all decisions of the Licence Manager with respect to refreshment vehicle site approvals shall be final; payment of a Street Sale Permit fee as set out in Schedule "A" of this by-law shall be required upon receipt of the said permit; all Street Sale Permit applicants who fail to pay the Street Sale Permit fee within 30 days of the approval date will have such approval revoked by the Licence Manager; the Street Sale Permit shall be valid only for the location for which it was approved and shall not be valid for any other location. 18.17 Category 7 Refreshment Vehicle Licence permitted locations The Licence Manager is authorized to designate locations where a Category 7 Refreshment Vehicle may carry on business. The City Clerk shall maintain a record of all locations designated by the Licence Manager where a Category 7 Refreshment Vehicle may carry on business. The record shall be available for public inspection at the office of the Licence Manager and the office of the City Clerk during normal business hours. 18.18 Category 7 Refreshment Vehicle Licence other permitted locations determination In addition to any other locational and licensing requirements under this By-law, the Licence Manager may add or delete a location to the record maintained by the City Clerk as set out in section 18.17 where Category 7 Refreshment Vehicles may carry on business. In order for a location to be designated by the Licence Manager, it must conform to the following criteria: A Category 7 Refreshment Vehicle shall be permitted to locate only on streets assumed as public highways and in designated locations in City Parks. A Category 7 Refreshment Vehicle shall be permitted to locate only on a street classified as an arterial, primary collector or secondary collector roadway in Schedule C Transportation Corridors of the City s Official Plan. A Category 7 Refreshment Vehicle shall not be permitted to locate within 25 metres of an eating establishment, as defined in Part 7 of this By-law, measured along the most direct road allowance route from nearest point of the refreshment vehicle and the nearest point of intersection of the perpendicular projection of the limits of the eating establishment property and the road allowance unless written permission to operate within the 25 metre buffer has been submitted to the Licence Manager by the Licensee of the eating establishment. (d) A Category 7 Refreshment Vehicle shall not be permitted to locate on a street within 25 metres of property used for residential purposes measured along the most direct road allowance route from the nearest point of the property boundary to the nearest point of the refreshment vehicle. (e) A Category 7 Refreshment Vehicle shall not be permitted to locate where, in the opinion of the Licence Manager, it may impede the movement of vehicles or pedestrians along a street, boulevard or sidewalk, or create a public safety hazard. 18.19 Category 7 Refreshment Vehicles - Prohibitions In addition to the prohibitions contained in this By-law, no person shall: Operate a Category 7 Refreshment Vehicle at a location that is not designated by the Licence Manager. Operate a Category 7 Refreshment Vehicle within 100 metres of the boundary of a Special Event as defined in the City s Special Event Policy measured along the most direct road allowance route from the nearest point of the Special Event boundary to the nearest point of the refreshment vehicle, except where the refreshment vehicle is approved as part of the Special Event. Operate a Category 7 Refreshment Vehicle between the hours of 7:00a.m. and 5:00 p.m. on any school day within 100 metres of any school under the jurisdiction of the Thames Valley District School Board or the London and Middlesex Roman Catholic

53 School Board measured along the most direct road allowance route from the nearest point of the school property boundary to the nearest point of the refreshment vehicle. (d) Operate a Category 7 Refreshment Vehicle between the hours of 3:00a.m. and 7:00 a.m. 18.20 Category 7 Refreshment Vehicle Licence application Every applicant for a Category 7 Refreshment vehicle licence shall file with the Licence Manager: proof of insurance in respect of the Category 7 Refreshment Vehicle in the amount of $2,000,000.00 and comprehensive general liability insurance in the amount $5,000,000.00 which insurance shall be satisfactory to the Licence Manager who shall be notified within 60 days of its cancellation or expiry; an operational plan indicating plans for signage, waste management including disposal of grease and grey water, and list of types of food products to be sold or offered for sale; and proof that the vehicle to be used as a Category 7 Refreshment Vehicle is registered in the Applicant s name or leased by the Applicant. 18.21 Category 7 Refreshment Vehicle Licence conditions to obtain and hold licence In addition to all of the requirements set out in this by-law, every holder of a Category 7 refreshment vehicle licence is subject to the following conditions of obtaining and continuing to hold the licence; maintain insurance as required under section 18.20; file with the Licence Manager at least 5 days prior to the expiry date of any current insurance policy an insurance renewal policy or certificate of insurance 18.22 Category 7 Refreshment Vehicle Licence operational conditions City Streets Every holder of a Category 7 refreshment vehicle Licence shall: (d) (e) (f) (g) (h) (i) (j) when carrying on business, sell, serve or offer food products only from or through a service window or opening on the refreshment vehicle facing the City boulevard and/or sidewalk and not facing the travelled portion of the road; ensure that any overhead canopies, doors or awnings do not obstruct or hinder pedestrian or vehicular traffic; provide for waste and recycling receptacles; ensure all waste associated with the refreshment vehicle operations is removed within a 10 metre radius when the refreshment vehicle leaves subject location; post a menu on the on the side of the vehicle containing the service window when preparing or offering food for sale; ensure that no food products are served to or consumed by customers inside the refreshment vehicle; keep a location log for each day the refreshment vehicle is operating that includes for each stop made by the refreshment vehicle for the purpose of preparing or offering food for sale, the date, time, duration, and location of the stop; retain the location log required in subsection 18.22 (g) for at least 12 months and have the current and previous month s location log in the refreshment vehicle when it is being used for preparing or offering food for sale; produce the location log required in subsection 18.22(g) to the Licence Manager or any person authorized to enforce this By-law upon request; operate a Refreshment vehicle at all times in compliance with the City s Traffic and Parking By-Law PS-111, including paying for the use of a parking space or spaces.

54 Part 19 SECOND-HAND DEALER - SHOP - SALVAGE YARD 19.1 Definitions In this Part: Salvage yard - defined "salvage yard" includes but is not limited to an automobile wrecking yard or premises. Second-hand dealer - defined "second-hand dealer" includes a person who goes from house-to-house or along highways for the purpose of collecting, purchasing or obtaining second-hand goods. Second-hand goods - defined "second-hand goods" includes but is not limited to waste paper, rags, bones, bottles, bicycles, motorcycles, automobile tires, appliances, furniture, clothing, books, jewellery, photographic equipment, computers, electronic equipment, old metal and other scrap material and salvage. Second-hand shop or store - defined "second-hand shop or store" includes any premises carrying on the business of purchasing, selling, collecting, exchanging or otherwise dealing in second-hand goods. 19.2 Operation - without valid licence - prohibited No person shall, in the City: operate any salvage yard for the purchase, sale or exchange of salvage or second-hand goods; or operate any shop or store for the purchase, sale or exchange of second-hand goods; or except those required to be licensed under sections 19.2 and 19.2 of this Part of this by-law, carry on the business of purchasing, selling, collecting, exchanging or otherwise dealing in second-hand goods, without holding a current valid licence for such premises or business issued under the provisions of this by-law. 19.3 Partnerships - licensing - application - requirements Where a licence is applied for under this Part of this by-law by a partnership, the name and address of each member of the partnership shall be given on the application and entered on the licence. 19.4 Class - limitation - goods - upon application Upon any application for a licence, the Licence Manager may limit any licence which may be issued, by authorizing the licensee to deal in one class only of salvage or second-hand goods and, in such case, the licence shall specify the class or classes of salvage or second-hand goods with which such licensee shall be entitled to deal by virtue of such licence, and the licensee shall not be entitled to deal in any other class or classes of salvage or second-hand goods. 19.5 Obliterated serial number - notice - to Police No person licensed as an owner or keeper of a salvage yard, shop, store or other premises for the purchase, sale or exchange of salvage or second-hand goods, or as a dealer in salvage or second-hand goods, shall purchase or acquire, from any person, any article or object on which the serial number has been obliterated or mutilated, without first having given the Police Chief 24 hours prior notice of such intended purchases or acquisitions. 19.6 Minors - transactions - prohibited - exception No person to whom a licence has been issued under the provisions of this Part of this by-law shall acquire directly or indirectly, by purchase, exchange or otherwise, any goods or articles from any minor appearing to be under the age of 16 years, without written authority from a parent or guardian of such minor. 19.7 Suspicious goods - circumstances - information - false Every person to whom a licence has been issued under the provisions of this Part of this by-law, who has reasonable and probable grounds to believe that a person offering any goods or articles is unable to satisfactorily account for them, or is wilfully giving false information as to the same, or that such goods or articles are stolen or have been illegally obtained, shall refuse to purchase, exchange or otherwise deal with such goods or articles, and shall attempt to obtain the name and address of such person and at once report the same to the London Police Service.

55 19.8 Premises - yards - maintenance - requirements No holder of a Second-Hand - Salvage Yard Licence or a Second-Hand Shop Licence shall fail, at all times, to keep and to maintain the premises in respect of which he is so licensed in a manner and condition as shall not violate any provisions of any by-law of the Corporation, or of any law in force in the City. 19.9 Second-hand goods - confined to licensed premises No holder of a Second-Hand - Salvage Yard Licence or a Second-Hand Shop Licence shall at any time, leave, place, store, exhibit or expose any salvage or second-hand goods in any place other than within the limits of the premises so licensed. 19.10 Road allowance - restrictions - storage - prohibited No holder of a Second-Hand - Salvage Yard Licence or a Second-Hand Shop Licence shall store any salvage or second-hand material at any time on any highway. 19.11 Storage - within building - yard - fenced No holder of a Second-Hand - Salvage Yard Licence or a Second-Hand Shop Licence shall fail to store all off-road vehicles governed by the Highway Traffic Act and the Regulations thereunder, or machines of any nature, used in the operation of the licensee's business, where it is practicable to do so, within a building, but where it is not practicable to do so, within the fenced area mentioned in section 19.16 of this by-law. 19.12 Record - maintained - all transactions No person licensed, or required to be licensed, pursuant to this Part of this by-law shall fail to keep an accurate record of all goods collected, obtained, purchased or taken in exchange. 19.13 Record - of transaction - made immediately No person licensed, or required to be licensed, pursuant to this Part of this by-law shall fail to make the record referred to in section 19.12 of this by-law at the time of the transaction, or immediately thereafter, and such record shall include: (d) the date and place of the transaction; a full description of the article and serial number, if applicable; the consideration given therefor; and the name and address of the person from whom the article was acquired. 19.14 Record - open to inspection - Police No person licensed, or required to be licensed, pursuant to this Part of this by-law shall fail to make the record referred to in section 19.12 of this by-law open to inspection, at any reasonable time, by any member of the London Police Service or any person designated by the Council to enforce this by-law. 19.15 Material - storage - salvage - second-hand No person licensed, or required to be licensed, pursuant to this Part of this by-law shall fail to store salvage and second-hand materials wholly within the limits of the lands fenced in accordance with the requirements of section 19.16 of this by-law and, where it is practical to do so, shall store such salvage and second-hand material within a building. 19.16 Fence - erected - maintained - minimum requirements Notwithstanding any other by-law, regulation, or provision of the Council to the contrary, no person licensed, or required to be licensed, pursuant to this Part of this by-law shall fail to erect and maintain a solid fence having a minimum height of 2.44 metres (8 feet) on all boundaries of a salvage yard to obscure the yard from outside view.

56 19.17 Premises - abutting residential zone - trees - planted No holder of a Second-Hand - Salvage Yard Licence or a Second-Hand Shop Licence shall, where a salvage yard abuts property in a residential zone and in residential use, fail to plant at the earliest opportunity and to maintain a row of shrubs or trees of a fast-growing species consisting of plants being 2.44 metres (8 feet) minimum height at planting and being capable of reaching a height of not less than 3.66 metres (12 feet) at maturity and planted and maintained at intervals not exceeding 3.05 metres (10 feet), along the outside of the boundaries abutting the said residential property; except that this provision shall not apply where any property abutting a salvage yard is rezoned residential. 19.18 Building - fence - doors - gates - lockable No holder of a Second-Hand - Salvage Yard Licence or a Second-Hand Shop Licence shall operate a salvage yard unless every building and fenced area referred to in sections 19.15 and 19.16 of this Part of this by-law is equipped with doors or gates, as the case may be, which shall be kept locked except for the times when in actual use. 19.19 Salvage pile - height restriction No holder of a Second-Hand - Salvage Yard Licence or a Second-Hand Shop Licence shall maintain in any salvage yard a salvage pile that exceeds 12.19 metres (40 feet) in height. 19.20 Premises - abutting residential zone - trees planted No person licensed, or required to be licensed, pursuant to this Part of this by-law shall fail to ensure that where a salvage yard abuts property in a residential zone and in residential use, a row of shrubs or trees of a fast-growing species: (d) shall be planted at the earliest possible planting season and maintained along the outside of these boundaries abutting the said residential property; shall be of 2.44 metres (8 feet) minimum height at planting; shall be capable of reaching a height of not less than 3.66 metres (12 feet) at maturity; and shall be planted and maintained at intervals not exceeding 3.05 metres (10 feet); except that this provision shall not apply where any property abutting a salvage yard is rezoned residential. 19.21 Salvage pile - height restriction - calculation Notwithstanding section 19.19 of this by-law, no person licensed, or required to be licensed, pursuant to this Part of this by-law shall fail to ensure that where any property in a residential zone is within 91.44 metres (300 feet) of a salvage yard, the height of a salvage pile does not exceed the lesser of 12.19 metres (40 feet) or the vertical distance between the ground and the extension of the hypotenuse of a right angle at the property line of the salvage yard: the vertical side of which triangle is in length either 2.44 metres (8 feet) or the height of the fence at the property line, whichever is greater; and the horizontal side of which triangle is in length 20.12 metres (66 feet) measured in perpendicular distance from the property line. Part 20 ENFORCEMENT 20.1 Fine - for contravention - Part 3 Every person who contravenes Part 3, Adult Live Entertainment Parlour or Part 5, Adult entertainment body-rub parlour, of this by-law or any of the General Provisions in Part 2 of this by-law that apply to the operation of a business licensed under Part 3 or 5 of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. 20.2 Fine - for contravention - other Parts Every person who contravenes a Part of this by-law, other than Part 3 or Part 5, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000.

57 20.3 Fine - for contravention - corporation Where a corporation is convicted of an offence under subsection 20.1 or 20.2 of this by-law, the maximum penalty that may be imposed on the corporation is $50,000, and not as provided in those subsections. 20.4 Premises closed - operating without licence - two years Where an owner is convicted of knowingly carrying on or engaging in a trade, business or occupation on, in or in respect of any premises or any part of any premises without a licence required by this by-law, the court may order that the premises or part of the premises be closed to any use for any period not exceeding two years. 20.5 Premises closed - other contraventions - two years Where a person is convicted of a contravention of this by-law, other than carrying on or engaging in a trade, business or occupation without a licence so to do, and the court determines that the owner or occupant of the premises or part thereof in respect of which the conviction was made knew or ought to have known of the conduct which formed the subject matter of the conviction or of any pattern of similar conduct, the court may order that the premises or part thereof be closed to any use for a period not exceeding two years. 20.6 Continuation repetition prohibited by order If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by this by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order; Prohibiting the continuation or repetition of the offence by the person convicted; and; Requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 20.7 Integrity of by-law - severability Notwithstanding that any Part or Parts, section or sections of this by-law, a part or parts thereof, may be found by any court of law to be bad or illegal or beyond the power of the Council to enact, such Part or Parts, section or sections or a part or parts thereof shall be deemed to be severable, and all other sections of this by-law, or parts thereof, are separate and independent therefrom and enacted as such. 20.8 Notice - unpaid licensing fine 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 City Treasurer or his or her agent may give the person against whom the fine was imposed written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than 21 days after the date of the notice, by delivering the notice or causing it to be delivered to that person at the person s residence or place of business. 20.9 Distress - unpaid licensing fine If the fine referred to in section 20.8 of this Part of this by-law 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 purposes of Section 351 of the Municipal Act, 2001, as amended. 20.10 Application of s. 351 - Municipal Act Section 351 of the Municipal Act, 2001, as amended, applies with necessary modifications to the distress for an unpaid licensing fine under this by-law. 20.11 Defect in notice - not to invalidate subsequent proceedings No defect, error or omission in the form or substance of the notice required by section 20.8 of this Part of this by-law invalidates any subsequent proceedings for the recovery of a fine. Part 21 REPEAL - ENACTMENT 21.1 By-law - previous By-law L-4 and all of its amendments are hereby repealed. 21.2 Current licences - valid - until revoked - expiry Any licence or permit issued in 2003 under the provisions of By-law L-4 or under any amendments thereto shall be deemed to have been issued under this by-law and will be valid until such licence or permit is revoked or until it expires on December 31, 2003. 21.3 Continuity of previous by-law number - certain signs Any by-law number of the predecessor by-laws to this by-law that appears on an existing sign that was required to be posted in accordance with the provisions of the said predecessor by-laws is to be read

58 and construed as having the same force, effect and validity as does the by-law number assigned to this by-law. 21.4 Effective date This by-law comes into force on the day it is passed. Save and exception section 10 & 11, these sections shall come into force and effect on December 1, 2010 (L-6-10016 August 30, 2010) Passed in Open Council on October 20, 2003. Anne Marie DeCicco-Best Mayor Kevin Bain City Clerk First Reading October 20, 2003 Second Reading October 20, 2003 Third Reading October 20, 2003

59 SCHEDULE A TO BY-LAW L-6 CITY OF LONDON BUSINESS LICENCE FEES Class Licence Category Licence Fee Initial Renewal A Adult Entertainment Body-rub Parlour $2,615.00 $2,615.00 A Adult Live Entertainment Parlour $5,115.00 $5,115.00 B Secondhand Dealer $465.00 $190.00 B Secondhand Shop $465.00 $190.00 B Secondhand Shop Salvage Yard $465.00 $190.00 C Parking Facilities $245.00 $110.00 C Public Garage $245.00 $110.00 D Refreshment Vehicle (Category 1) $465.00 $465.00 D Refreshment Vehicle (Category 2) $230.00 $230.00 D Refreshment Vehicle (Category 3) $465.00 $465.00 D Refreshment Vehicle (Category 4) $230.00 $230.00 D Refreshment Vehicle (Category 5) $245.00 $245.00 D Refreshment Vehicle (Category 6) $465.00 $465.00 $760.00 D Refreshment Vehicle (Category 7) (in association $1,225.00 with existing (new) refreshment vehicle licence) E Pedlar Category 1 (Day Sales) $515.00 $515.00 E Pedlar Category 2 (Seasonal Sales) $1,015.00 $1,015.00 E Pedlar Category 3 (Door-to-Door Sales) $135.00 $135.00 E Pedlar Category 4 (Door-to-Door Sales Person) $135.00 $135.00 E Pedlar Category 5 (Antique/Collectible Show) $145.00 $145.00 * per Trader, Collector * plus $15.00 * plus $15.00 E Pedlar Category 6 (Craft Show) $145.00 $145.00 * per Crafter * plus $15.00 * plus $15.00 E Pedlar Category 7 (Trade Show) $145.00 $145.00 * per Trader * plus $15.00 * plus $15.00 E Pedlar Category 8 (Flea Market) $145.00 $145.00 * per Vendor * plus $15.00 * plus $15.00 E Pedlar Category 9 (General) $135.00 $135.00 F Auctioneer $135.00 $95.00 G Drain Contractor $95.00 $95.00 G Drain Layer $95.00 $95.00 G Plumbing Contractor $95.00 $95.00 H Body Modification $215.00 $95.00 H Bowling Alleys $215.00 $95.00 H Eating Establishment (Category 1 over 50 seats) $410.00 $245.00 H Eating Establishment (Category 2 20 49 seats) $315.00 $135.00 H Eating Establishment (Category 3 1 19 seats) $295.00 $120.00 H Food Shop $410.00 $120.00 H Hairstyling Shop $215.00 $95.00 H Place of Amusement $215.00 $120.00 H Public Hall $215.00 $95.00 I Motor Vehicle Storer $1,815.00 $1,815.00 I Towing Company $1,815.00 $1,815.00 J Lodging House $490.00 $490.00 All All Categories - Request for Appeal of Decision of Licence Manager $100.00 Add: Permit Category Street Sale (outside of Downtown BIA) $285.00 Street Sale (within boundaries of Downtown BIA) $340.00

60 Schedule B Reciprocal Licensing Electricians - Repealed: November 19, 2007, By Law No. L-6-07013

61

62

63

64

65

66 Schedule E Maximum Towing and Storing Rates 1. Subject to clauses 3 and 5 herein, the charge for the cost of removal, towing, care and storage of a motor vehicle towed from a public parking lot without the consent of the owner or operator of the vehicle shall be the lesser of: the maximum charge for towing and storage costs shown on a sign posted in accordance with sections 12.21 and 13.8 of this by-law; or the charges established under clause 2 of this Schedule. 2. The following charges as set out in Tables 1 and 2 are hereby established for the purposes of clause 1: SERVICE Towing/Storage & Release TABLE 1 TOWING/STORAGE/RELEASE ON DAY OF TOW MAXIMUM CHARGE COLUMN 1 COLUMN 2 a passenger motor vehicle a motor vehicle other than a having no more than 4 single passenger motor vehicle wheels described in column 1 $100.00 per vehicle plus none applicable taxes SERVICE Ground rental (storage) TABLE 2 ADDITIONAL STORAGE a passenger motor vehicle having no more than 4 single wheels MAXIMUM CHARGE COLUMN 1 COLUMN 2 a motor vehicle other than a passenger motor vehicle described in column 1 $100.00 per vehicle plus applicable taxes for each day or part thereof commencing the d following the day when the storin of the vehicle commences Opening after business hour $15.00 per vehicle plus applicabl The day following the day thetaxes motor vehicle is towed none none 3. A towing company and a motor vehicle storer are not entitled to any charges unless the motor vehicle has been towed completely from the public parking lot. 4. A towing company and a motor vehicle storer are not entitled to charge any amount, whether fixed or calculated at a rate based on any unit of time, for waiting. 5. Despite anything contained in this Schedule to the contrary, a towing company is not entitled, to recover more that $100 plus provincial sales tax and goods and services tax, if applicable, for all towing services, entry of the vehicle into the storage compound and release of the vehicle the same day. 6. Commencing on the 1 st day of January, 1998 and on the 1 st day of January thereafter, the amounts prescribed in Table 1 shall be adjusted by the change in the Consumer Price Index from January 1, 1997 but only when the said Index has an accumulated increase representing an amount equal to a $5.00 increase in the charge. Commencing on the 1 st day of January, 1998 and on the 1 st day of January thereafter, the amounts prescribed in Table 2 shall be adjusted by the change in the Consumer Price Index from January 1, 1997 by only when the said Index has an accumulated increase representing an amount equal to a $1.00 increase in the charge.

67 Schedule F Storage Location Opening Hours Item Day Hours 1. Monday, Tuesday, Wednesday 8 a.m. to 6 p.m. Thursday and Friday unless the day is observed as a holiday 2. Saturday unless the day is 8 a.m. to 12 p.m. observed as a holiday For the purposes of Items 1 and 2 holiday means Sunday, New Year s Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.

Schedule G Reciprocal Licensing Plumbers - Repealed: November 19, 2007, By-law No. L-6-0713 68

69 Schedule H Undertaking UNDERTAKING TO: The Licence Manager I,, am licensed by (Print Name) The Corporation of the City of London as a Drain Layer or have been issued a certificate of qualification in the trade of plumber under the Trades Qualification and Apprenticeship Act. I am currently employed by (Name of Contractor) to perform or supervise plumbing or drainage work by this firm. I will (or, I hereby undertake to notify the Licence Manager in writing) notify you in writing within 5 days of the termination of my employment. Dated at London, Ontario, this day of, 20. (Witness) (Licence Holder)

70 Schedule I Notice Towing of Vehicles Important Notice ------------- TOWING OF VEHICLES ACCORDING TO LAW the operator of this parking facility: 1. CAN tow away and store any vehicle parked overtime or improperly. VEHICLES TOWED TO: (Insert business name, municipal address and telephone number). 2. CAN recover towing and storage costs from the vehicle s owner, by court proceedings if necessary. MAXIMUM TOWING AND STORAGE COSTS $ (Insert Amount) 3. CANNOT lien, distrain or otherwise withhold a vehicles until the towing and storage costs are paid in full. VEHICLE RELEASED TO OWNER UPON REQUEST. E.& O.E. This parking facility is operated privately and not by the City of London.

71 Schedule J To Section 13.6 FORMS OF SIGNS Form 1 SYMBOL RESTRICTED PARKING 9:00 AM To 5:00 PM Monday To Friday MEMBERS ONLY SYMBOL PUBLIC PARKING 5:00 PM To 11:59 PM Monday To Friday 9:00 AM To 11:59 AM Saturday Rate $1.50 per Hour Unauthorized or improperly parked vehicles will be ticketed and/or towed at owner expense and liability Form 2 RESTRICTED PARKING SYMBOL 24 Hours per Day 7 Days per Week CUSTOMER PARKING ONLY Unauthorized or improperly parked vehicles will be ticketed and/or towed at owner expense and liability Form 3 SYMBOL PUBLIC PARKING 8:00 AM To 6:00 PM Monday to Saturday Rates: $1.50 per Hour $5.00 All Day Unauthorized or improperly parked vehicles will be ticketed Form 4 Unauthorized or improperly parked vehicles will be ticketed and/or towed at owner s expense and liability by private contractor in accordance with City of London By-law # INFRACTION TICKET $30.00 TOWING FEE $100.00 (plus tax) Towed vehicles are held at private contractor s secured lot and may be retrieved through (insert phone number)

72 Form 5 WARNING Symbol TOW-AWAY LOT Form 6 SPACE RESERED 6:00 AM TO 6:00 PM Monday to Friday PERMITS ONLY All others will be ticketed and/or towed at owner s expense and liability

73

74

75

76

77