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BYLAW - Regulate Licensing of Business Establishments - 20140527 - 563014THE CORPORATION OF THE TOWN OF AURORA By-law Number 5630-14 BEING A BY-LAW to regulate licensing of business establishments. WHEREAS section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may license, regulate and govern any business, wholly or partly carried on within the municipality, even if the business is being carried on from a location outside the municipality; AND WHEREAS Council for The Corporation of the Town of Aurora (the "Town") considers it desirable and necessary to license, regulate and govern certain types of businesses; AND WHEREAS Council for the Town deems it necessary and expedient to update and replace the current consolidated licensing by-law, being By-law Number 4258- 01.P; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. DEFINITIONS 1.1 In this by-law, the following words have the following meanings: {a) "Accessible Taxicab" means a Taxicab that is an accessible vehicle as set out in Accessible Vehicle, 0. Reg. 629, as amended or successor legislation thereof; (b) "Adult Entertainment Parlour" means any premises or part thereof in which is provided, in pursuance of a calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (c) "Adult Videotape" means any Videotape, the contents of which are designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaged in sexual activities, or by an emphasis on the display of specified human body areas and "Adult Videotape" also includes a videotape classified by the Ontario Film Review Board as "restricted to persons 18 or older" and required to be characterized with the added information piece "adult sex film"; {d) "Amusement Device" means any mechanical or electronic machine or device intended for use as a game, entertainment or amusement and offered for public use, whether or not in a Place of Amusement, by any person for profit or gain and, without limiting the generality of the foregoing, Amusement Devices include a pinball machine or device, including an automatic machine or slot machine that dispenses as prizes one or more free games, but shall not include any device used only for the purpose of vending merchandise or providing services or playing recorded music or any device that would render the premises a common gaming house within the meaning of the Criminal Code, R.S.C. 1985, c. C-46, as amended; (e) "AODA" means the Accessibility for Ontarians with Disabilities Act, 2005, 8.0. 2005, c. 11 and any regulations established thereunder, as amended or successor legislation thereof; (f) "Applicant" means a person applying for a License or a renewal thereof pursuant to this by-law; {g) "Assistant Instructor" means a person who has attained the age of sixteen (16) years and has at least three (3) consecutive years' of .. ,,._<_,:.~:.:-.. ___ .. By-law Number 5630-14 Page 2 of76 experience, in the immediately preceding five (5) years, riding horses and who is directly supervised by an Instructor; (h) "Auctioneer" means a person selling or putting up for sale goods, wares, or merchandise by Public Auction; (i) "Billiard Hall" means a facility, indoor or outdoor, where billiard, pool or bagatelle table(s) are kept, directly or indirectly, for hire or gain, or kept, whether in use or not, in a place of public entertainment or a gaming house; 0) "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of the person's body or part thereof, but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario; (k) "Body Rub Parlour" includes any premises or part thereof where a Body Rub is performed, offered or solicited in pursuance of a calling, business, or occupation, but does not include any premises or part thereof where the Body Rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (I) "Broker" means a holder of a Broker License; (m) "Broker License" means a License that permits the holder to operate a service of accepting calls in any manner for Taxicabs to be used for hire pursuant to the provisions under Schedule 13 of this by-law and does not grant any rights to the licensee to operate a Taxicab as a driver or an Owner; (n) "Class A Adult Videotape Parlour" means an Adult Entertainment Parlour in which any person offers to provide Adult Videotapes to the public, where the proportion of the floor area set aside for the display of Adult Videotapes is greater than ten percent (10%) of the total floor area of the premises; (o) "Class B Adult Videotape Parlour" means an Adult Entertainment Parlour in which any person offers to provide Adult Videotapes to the public, where the proportion of the floor area set aside for the display of Adult Videotapes is less than ten percent (1 0%) of the total floor area of the premises; (p) "Clerk" means the Clerk of the Town; (q) "Council" means the Council of The Corporation of The Town of Aurora; (r) "Dairy and Related Products" means refrigerated milk or cream- based products or refrigerated artificial substances including frozen flavoured liquid wrapped and sold in individual packages; (s) "Driving School Instructor" means a person who is employed or self- employed in the business of teaching persons to operate motor vehicles; (t) "Drug" means a substance as listed in Schedules I, II, Ill, IV or V of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended from time to time; (u) "Entertainer" means any person who provides or offers to provide services designed to appeal to erotic or sexual appetites or inclinations at an Adult Entertainment Parlour, other than a person who is an owner or an operator of an Adult Entertainment Parlour; (v) "Fare" means the charge or fee that is solicited or paid for the transportation of passengers or goods by a Taxicab; (w) "Hawker" means a person as defined in Schedule 7 of this by-law; (x) "Head Trail Guide" means a person who has attained the age of eighteen (18) years and has at least three (3) consecutive years' By-law Number 5630-14 Page 3 of76 experience, in the immediately preceding five (5) years, leading trail rides or cross-country instruction; (y) "horse" means any animal of the equine species; (z) "Horse Riding Establishment" means the carrying on of a business where horses are let out on hire for riding or used in providing instruction in riding for payment, or both, either at a permanent or temporary location; (aa) "Kennel" means a building or structure or part thereof whereby animals are kept overnight for remuneration for the purposes of breeding or housing, feeding and maintenance; (bb) "License" means an authorization under this by-law to carry on the calling, business or occupation specified therein; (cc) "Licensed" means licensed under this by-law and not in breach of the provisions hereof; (dd) "Licensing Officer" means the Manager of By-law Services for the Town, or his/her designate or successor; (ee) "License Plate" means a plate issued under this by-law; (ff) "Limousine" means a vehicle, other than a Taxicab, used for hire for the conveyance of passengers; (gg) "Medical Officer of Health" means the Medical Officer of Health for The Regional Municipality of York; (hh) "Mobile Sign" means a sign erected on a trailer or vehicle that is not self-propelled; (ii) "model year" means the figure appearing under the heading "year" in the Description of the Motor Vehicle portion of the MTO of Ontario passenger motor vehicle permit for any vehicle; Uj) "Motorized Refreshment Vehicle" means any Refreshment Vehicle that is powered by a motor; (kk) "MTO" means the Ministry of Transportation of Ontario; (II) "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c.25, as amended or successor legislation thereto; (mm) "Owner License" means a License issued under this by-law that permits a person to own and cause to be operated a Taxicab, pursuant to the provisions under Schedule 13 of this by-law and does not grant any rights to the licensee to operate a Taxicab as a driver or as a broker of Taxicab services; (nn) "Pawnbroker" means a person who carries on the business of taking by way of pawn or pledge any articles for the repayment of money loaned and includes a person who offers a buy-back services in relation to such articles; (oo) "Peddler" means a person as defined in Schedule 7 of this by-law; (pp) "person" includes a natural individual, a corporation, an association and a partnership; (qq) "Place of Amusement" means any premises which is used primarily for public entertainment and which depends for its maintenance on attracting the public for purposes of amusement; (rr) "Priority List" means a list of applicants for a Taxicab Owner's Licenses maintained by the Licensing Officer in accordance with the provisions of Schedule 13 of this by-law; (ss) "Provincial Offences Officer" means a person appointed by by-law of the Town as a Provincial Offences Officer or designated by a Minister under the Provincial Offences Act, R.S.O. 1990, c. P.33; (tt) "Public Auction" shall, for the purposes of this by-law, be limited to public auctions wherein there is used or employed the services of an Auctioneer who, for hire or gain, provides services in connection with By-law Number 5630-14 Page 4 of76 the sale, offer to sell or putting up for sale of goods, wares, merchandise or effects by public auction; (uu) "refreshments" means food or drink; (vv) "Refreshment Cart" means a conveyance or device, other than a Motorized Refreshment Vehicle or a self-propelled Refreshment Vehicle, which conveyance or device is used or is designed to be used in connection with the sale, transportation, storage or cooking of refreshments to the public and includes a trailer, as defined pursuant to the Highway Traffic Act, R. S. 0. 1990, c.H.8, as amended; (ww) "Refreshment Vehicle" means a vehicle which is used or is designated to be used for the sale of refreshments and includes a Motorized Refreshment Vehicle, a refreshment bicycle and a refreshment cart; (xx) "Salvage Yard" means land or buildings used for an automobile wrecking yard, or premises for the keeping and/or storing of any of the following: used building products, waste paper, rags, boxes, bottles, bicycles, automobile tires, used appliances, scrap metal or other scrap; (yy) "second hand good" means any article that has been used for the purpose for which it was produced and which is offered to or taken by a Pawnbroker or Second Hand Vendor for resale; (zz) "Second Hand Vendor" means a person who carries on the business of selling goods by way of retail that have previously been used for the purpose for which the goods were produced and includes a person who goes from place to place to sell second hand goods; (aaa) "Sign By-law" means the Town's Sign By-law and the Temporary Sign By-law, as amended or successor by-laws thereof; (bbb) "Tariff Card" means the notice of Taxicab permitted Fares as set forth in this by-law, issued by the Licensing Officer; (ccc) "Taxicab" means a motor vehicle that is designed or customarily used for the transportation of passengers, where such motor vehicle is offered or made available for hire together with a driver for the conveyance of passengers or goods, but does not include a bus, as defined in the Highway Traffic Act, a livery cab or a Limousine; (ddd) "Taxicab Driver License" means a License issued under this by-law that permits a person to drive and operate a Taxicab for the purposes of transporting passengers or goods pursuant to the provisions under Schedule 13 of this by-law and does not grant any rights to the licensee to own a Taxicab or to act as a broker of Taxicab services; (eee) "Taxicab Plate" means a plate provided by the Town to an owner of a Taxicab identifying a Taxicab; (fff) "Taxicab Stand" means an area that is designated by the Town to be used by Taxicabs while waiting for or picking up goods or passengers; (ggg) "Town" means The Corporation of The Town of Aurora and/or the area located within the geographical limits of the Town of Aurora, depending on the context of the provision in which the term appears; (hhh) "Tribunal" means the Aurora Appeal Tribunal; (iii) "Trip Sheet" means the written record of the details of each trip as recorded by a Taxicab driver as required under Schedule 13 of this by-law; Uij) "Videotape" means cinematographic film, videotape, videodisc, computer diskettes or other medium, including any digital and electronic devices, which may produce visual images that may be viewed as moving pictures; (kkk) "Zoning By-law" means the Zoning By-law of the Town of Aurora, as amended or successor by-law thereof. By-law Number 5630-14 Page 5 of76 2. LICENSING REQUIREMENTS 2.(1) There shall be a License taken out by: (a) every person who owns and every person who operates a Place of Amusement; (b) every Auctioneer selling or putting up for sale goods, wares, merchandise or effects by Public Auction, provided that nothing in this by-law shall apply to a sheriff or bailiff offering for sale goods or chattels seized under an execution or distrained for rent; (c) every person who owns and every person who operates a Billiard Hall; (d) every person who owns or operates a Body Rub Parlour; (e) every person other than a person Licensed as a Body Rub Parlour owner or operator who performs, offers or solicits a Body Rub in, at or upon a Body Rub Parlour in the pursuance of a business or occupation; (f) every Driving School Instructor; (g) every owner and every driver of a Taxicab; (h) every Taxicab broker; (i) every person who goes from house to house or along any street, whether public or private, for the purpose of collecting, purchasing or obtaining second hand goods; Q) every person who carries on the business of teaching persons to operate motor vehicles; (k) every Hawker or Peddler; (I) every person who owns or operates a Horse Riding Establishment; (m) every owner and every driver of a Limousine; (n) every person in the business of leasing Mobile Signs; (o) every person in the business of a Pawnbroker; (p) every person who owns or operates, and every person who drives or who assists in the sale of refreshments from a vehicle or cart from which refreshments are sold to the public; (q) every person who owns or operates a Salvage Yard; (r) every Second Hand Vendor and owner of a shop, store or place for the purchase, sale or exchange of second hand goods; (s) every owner and every operator of an Adult Entertainment Parlour; (t) every Entertainer at an Adult Entertainment Parlour; (u) every person who owns or operates a Kennel. 2.(2) Every person applying for or holding a License under this by-law shall, in such application or in carrying on or engaging in the business or occupation in respect of which the License is issued, observe, comply with, and be governed by the regulations set out in the respective Schedules to this by-law which relate to such person, and the said Schedules shall form part of this by-law. 2.(3) Every person who operates more than one (1) business or occupation Licensed or required to be Licensed under this by-law shall takeout a separate License for each separate business, occupation, place, premises, store or vehicle. 2.(4) No person Licensed to carry on business under this by-law shall advertise or promote or carry on such business under any name other than the name endorsed upon the License. 2.(5) Every person applying for or holding a License under this by-law must be a Canadian citizen, permanent resident or be otherwise eligible to work in Canada. By-law Number 5630-14 Page 6 of 76 3. APPLICATION REQUIREMENTS 3.(1) On an application for a License, or the renewal thereof, respecting any of the businesses and occupations mentioned in section 2 hereof, the Applicant shall complete forms prescribed by the Director and shall furnish to the Licensing Officer such information as the Town directs. 3.(2) If the Applicant is a corporation, the application must be accompanied by a copy of the Articles of Incorporation showing the names and addresses of all the directors and officers. 3.(3) If the Applicant is a registered partnership, the application must be accompanied by a copy of the partnership agreement. 4. APPLICATION FEES 4.(1) The respective sums of money set out in Column 2 of Schedule "A" of this by- law are hereby fixed as the amounts of the fees payable to the Town for each type of License or type of item listed in the corresponding row under Column 1 of Schedule "A" of this by-law. 5. PROCESSING OF APPLICATIONS 5.(1) Upon receipt of an application for a License, or for the renewal thereof, and the applicable fee, along with any late fees, as set out in Schedule "A", the Licensing Officer shall make investigations as necessary with respect to such application and shall: (a) subject to the provisions and requirements of this by-law, direct the License be issued or renewed; or (b) based on the grounds referred to in section 8 and using any information available to the Town, decide that: (i) an application for a new License should be refused; (ii) a License should be issued with terms or conditions established at the discretion of the Licensing Officer; (iii) a License should not be renewed; (iv) a License should be renewed with terms or conditions added, altered, varied or deleted at the discretion of the Licensing Officer; and provide written notice of such a decision to the Applicant. 5.(2) A Notice issued pursuant to paragraph (b) of subsection 5(1) shall include: (a) a statement that the Applicant may request a hearing before the Tribunal to appeal the decision of the Licensing Officer by delivering a written request to the Clerk in accordance with the Aurora Appeal Tribunal By-law within thirty (30) calendar days of deemed receipt of notice of decision; and (b) a statement that if no request for a hearing is provided to the Clerk in accordance with paragraph (a), then the decision referred to in the notice shall be final. 5.(3) If, before the expiry of a License, an Applicant has applied for renewal of the License and has remitted the prescribed fee, the License shall be deemed to continue: (a) until the renewal is granted; (b) if the licensee is served with a notice under 5(1)(b)(iii), under suspension upon receipt of notice of decision until the time for requesting a hearing with the Tribunal has expired pursuant to section 7 or, where a hearing has been requested pursuant to the provision of the Aurora Appeal Tribunal By-law, until a decision is made and deemed to have been provided to the Applicant; or (c) if the licensee is served with a notice under 6(1), subject to the restrictions and for the time period set out in 6(3). By-law Number 5630-14 Page 7 of76 5.(4) If an Applicant fails to apply for a License renewal and to remit the applicable renewal fee to the Town before the expiry of a License, the Licensing Officer may: (a) if such Applicant provides a reasonable explanation for the lateness and the renewal would not prejudice the Town or the interests of any other third party that the Licensing Officer is aware of, permit an Applicant to renew their License following the expiry by remitting the applicable late fee along with the renewal fee, as set out in Schedule uA"; or (b) direct the Applicant to surrender the expired License and notify such Applicant that they are required to apply for a new License in order to undertake any business or calling that requires a License under this by- law. 5.(5) No person shall be permitted apply for the renewal of an existing License before thirty (30) days before the expiry of such License. 5.(6) Notices and requests to be provided under this section shall be deemed to have been served in accordance with the Rules of Procedures established under the Aurora Appeal Tribunal By-law. 5.(7) Subject to the provisions of the Aurora Appeal Tribunal By-law, if a request for a hearing is not provided to the Clerk in accordance with the provisions of the Aurora Appeal Tribunal By-law within thirty (30) calendar days of deemed receipt of a notice of a decision made pursuant to paragraph (b) of subsection 5(1), such decision of the Licensing Officer is deemed to be final and the License shall be permanently subject to such decision. 6. SUSPENSION/REVOCATION AND STATUS OF A LICENSE 6.(1) Where the Licensing Officer is of the opinion, based on any investigation or applicable information, that any licensee under this by-law is not entitled to hold a License or continue under License based on the grounds referred to in section 8, the Licensing Officer may issue a decision to revoke, suspend or add/vary any conditions on a License of a such a licensee and shall cause to be provided written notice of such a decision to the licensee. 6.(2) A notice issued pursuant to subsection 6(1) shall include: (a) a statement that the licensee may request a hearing before the Tribunal to appeal the decision of the Licensing Officer by delivering a written request to the Clerk in accordance with the Aurora Appeal Tribunal By- law within thirty (30) calendar days of deemed receipt of notice of decision; and (b) a statement that if no request for a hearing is provided to the Clerk in accordance with paragraph (a), then the decision referred to in the notice shall be final. 6.(3) A License subject to a decision under 5(1 )(b)(ii), 5(1 )(b)(iv) or 6(1 ), provided that it has not otherwise expired or been succeeded or revoked pursuant to other provisions of this by-law: (a) in the case of a decision to revoke, shall be deemed to continue under suspension upon deemed receipt of notice of decision; (b) in the case of a decision to suspend, shall be deemed to continue under suspension upon deemed receipt of notice of decision; (c) in the case of a decision to add/vary conditions, shall be deemed continue subject to the conditions placed on the License upon deemed receipt of notice of decision; until the time for requesting a hearing with the Tribunal has expired pursuant to section 7 or, where a hearing has been requested pursuant to the provision ·----'--·-·_.:: __ .... By-law Number 5630-14 Page 8 of 76 of the Aurora Appeal Tribunal By-law, until a decision is made and deemed to have been provided to the licensee. 6.(4) Following the expiry of the time period set out under subsection 6(3), in the case of a decision under 5(1)(b)(ii), 5(1)(b)(iv) or 6(1): (a) if a request for a hearing is not provided to the Clerk in accordance with the provisions of the Aurora Appeal Tribunal By-law within thirty (30) calendar days of deemed receipt of a notice of a decision, such decision of the Licensing Officer is deemed to be final and effective immediately and the License shall be permanently subject to such decision; (b) if a request for a hearing is provided pursuant to the provision of the Aurora Appeal Tribunal By-law and the decision is of the Licensing Officer is confirmed or unaffected by the Tribunal, such decision of the Licensing Officer is deemed to be final and effective immediately and the License shall be permanently subject to such decision; (c) if a request for a hearing is provided pursuant to the provision of the Aurora Appeal Tribunal By-law and the decision of the Licensing Officer is not confirmed, overturned, varied or substituted by the Tribunal, such decision of the Tribunal in relation to the License shall be deemed to be the final decision of the Town and shall become effective immediately and the License shall be permanently subject to such decision. 6.(5) Notwithstanding any other provisions of this by-law, the Licensing Officer may suspend a License without a hearing pursuant to subsections 151 (2) and 151 (3) of the Municipal Act. 6.(6) Notices and requests to be provided under this section shall be deemed to have been served in accordance with the Rules of Procedures established under the Aurora Appeal Tribunal By-law. 7. LICENSING HEARINGS 7.(1) Where an Applicant wishes to appeal a decision of the Licensing Officer made pursuant to subsection 5(1) or 6(1), such an Applicant may appeal such a decision to the Tribunal by delivering a notice to the Clerk in accordance with the provisions of the Aurora Appeal Tribunal By-law within thirty (30) calendars days of deemed receipt of notice of decision of the Licensing Officer. 7.(2) Upon receipt of a notice to appeal a decision of the Licensing Officer, such a request shall be processed and handled in accordance with the Aurora Appeal Tribunal By-law. 8. GROUNDS FOR REFUSAL/REVOCATION/SUSPENSION OF A LICENSE 8.(1) A licensee or an Applicant for a License, or for the renewal of a License is, subject to the requirements of this by-law, entitled to be issued or to hold a License, or have it renewed, except where: (a) the conduct of the licensee or Applicant, including its officers directors, employees or agents, affords reasonable grounds for belief that the licensee or Applicant, or its officers directors, employees or agents, has not carried on, or will not carry on, his or her trade, business or occupation in accordance with the law and with honesty or integrity; (b) there are reasonable grounds for belief that the carrying on of the business or occupation by the licensee or Applicant has resulted, or will result, in a breach of this or any other Town by-law or any other law; (c) there are reasonable grounds for belief that the premises, accommodation, equipment or facilities in respect of which the License is required have not complied, or will not comply, with the provisions of this of any other Town by-law or the law; or By-law Number 5630-14 Page 9 of76 (d) the conduct of the licensee or Applicant or other circumstances afford reasonable grounds for belief that the carrying on of the business by the licensee or Applicant has infringed, or would infringe, the rights of other members of the public, or has endangered, or would endanger, the health, safety or well-being of other members of the public. 8.(2) Notwithstanding other provisions of this by-law, a License issued in error or in contravention of the provisions of this by-law may be revoked by the Licensing Officer upon learning of the mistake or contravention, with such decision becoming effective immediately. 9. RETURN OF LICENSE 9.(1) Upon suspension, revocation or expiry of a License issued under this by-law: (a) the licensee shall return to the Licensing Officer the License and any plate or plates or any other evidence of such License issued under this by-law; (b) the Licensing Officer shall have access to any premises, vehicle or other property of the licensee for the purpose of receiving or taking the License, plate, or other evidence of such License; (c) no person shall refuse to deliver the License, plate, or other evidence of such License to the Licensing Officer or shall in any way prevent or hinder the receiving or taking of same. 9.(2) An Applicant or licensee whose License has been refused or revoked under this by-law, shall not be entitled to make a new application for a similar type of License for a period at least twelve (12) months from the date of the refusal or revocation becoming final. 10. VALIDITY OF A LICENSE 1 0.(1) The Licenses for the businesses and occupations set out in Schedule A of this by-law shall be from the period commencing on the date of issuance or renewal of such Licenses and, unless they are sooner forfeited or revoked, shall in each case expire in each year on the date set out opposite the same in Column 3 of Schedule A of this by-law, unless otherwise renewed pursuant to this by-law. 10.(2) Notwithstanding any decision of, or statement by, Council, the Clerk, the Tribunal, any Tribunal member, or any employee of the Town, respecting the granting of a License or application therefor, no person shall be deemed to be Licensed to carry on or engage in the business or occupation for which such a License is required until he/she has paid the fee required by this by-law with respect to such License and has received the physical License, plate, or other evidence of the granting of such License provided for in this by-law. 11. RENEWAL 11.(1) A person holding a License issued pursuant to this by-law may apply for the renewal of such License by completing and mailing to the Town by prepaid regular mail a renewal application on such form as the Licensing Officer may from time to time approve. 11.(2) In addition to the requirements under subsection (1), the Licensing Officer may as part of reviewing a renewal application require the holder of a License to file with the Licensing Officer such certificates or other documentary evidence as may be required as evidence that such Applicant satisfies the requirements of this by-law. 11.(3) Where a person Licensed under this by-law fails to renew his or her License in accordance with the provisions of this by-law, any plate or physical evidence of a License supplied under this by-law in respect of such License shall be . . ·-· ~-------------·-·-·· · .. · .. : '' ... :~_, _ __:._: ... -_,_-.:.::.,....:.: . By-law Number 5630-14 Page 10 of 76 returned to the Town and the plate, or other such returned items, shall remain with the Town until such time as the License is renewed. 12. SIGNING AND FORM OF LICENSES 12.(1) The Licensing Officer, or his/her designate, shall sign all Licenses issued pursuant to this by-law and his/her signature may be printed or mechanically reproduced upon each License issued, and such License shall be in a form as the Licensing Officer may from time to time approve. 13. POSTING AND PRODUCTION OF LICENSE 13.(1) Every person obtaining or holding a License under this by-law, where the same applies to premises, shall keep his or her License posted in a conspicuous place on the premises in respect of which the License is issued, and every person so Licensed shall, when so requested by anyone authorized to enforce this by-Jaw, produce the License for inspection. 13.(2) Every person obtaining or holding a License under this by-Jaw, where the same applies to the occupation of such person, shall carry such License with him or her when engaged in the occupation for which the License is issued, and every person so Licensed shall, when so requested by anyone authorized to enforce this by-law produce the License for inspection. 14. NO VESTED RIGHT 14.(1) No person shall enjoy a vested right in the continuance of a License and upon the issuance, renewal, transfer, cancellation or suspension thereof, the License shall be the property of the Town of Aurora. 15. CHANGE OF INFORMATION 15.(1) Every licensee shall notify the Licensing Officer in writing, within seven (7) days of any change in the information contained in any License application or renewal. 16. DISCRIMINATION AND ACCESSIBILITY 16.(1) No person Licensed under this by-law shall discriminate against any member of the public, in the carrying on of the business or occupation in respect of which a License is issued, on any grounds listed or enumerated under section 1 of the Human Rights Code, R.S.O. 1990, c. H.19, amended. 16. (2) Any provider of goods or services pursuant to a License issued under this by- Jaw shall: (a) ensure that any persons engaged for those purposes possess any training required by the AODA; (b) establish any process that is required by the AODA; (c) provide documents in a format required by the AODA; (d) comply with any requirement of the AODA. 16.(3) No person Licensed under this by-Jaw shall, in respect of any person with a disability: (a) refuse to serve such person, (b) refuse to permit such person to enter into or upon any place, premises, vehicle or thing to which the License relates, or (c) refuse to permit such person to remain in or upon such place, premises, vehicle or thing, by reason only of the presence of such disability. 16.(4) No person Licensed under this by-law shall, in respect of any blind or disabled person being guided, assisted or accompanied, in the course of service, by a guide dog, service animal or a support person: (a) refuse to serve such person; By-law Number 5630-14 Page 11 of 76 (b) refuse to permit such person to enter with such a guide dog, service animal or support person into or upon any place, premises, vehicle or thing to which the License relates; or (c) refuse to permit such person and such guide dog, service animal or support person to remain in or upon such place, premises, vehicle or thing, by reason only of the presence of such guide dog, service animal or service person. 17. POWER OF ENTRY AND ENFORCEMENT 17.(1) The Town may at any reasonable time enter upon and inspect any premises, land and vehicles to determine whether this by-law, any direction or order under this by-law or the Municipal Act, any condition on a License issued under this by-law or an order issued under section 431 of the Municipal Act are being complied with. 17.(2) Where an inspection is conducted pursuant to this section, the Town may: (a) require the production for inspection of documents or things relevant to the inspection, including any Licenses, permits, invoices, vouchers, books, records, appointment books, trip sheets and others; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 17.(3) The Town's power of enforcement, entry and inspection may be exercised by: (a) the Licensing Officer; (b) a Municipal Law Enforcement Officer; (c) a Provincial Offences Officer; (d) a member of a police force with jurisdiction and any person under his or her jurisdiction; (e) the Chief Fire Official for the Town, or a designate; or (f) the Medical Officer of Health for the Town or a designate. 17.(4) No person shall obstruct or hinder any person conducting an inspection pursuant to this by-law, or cause or permit the same to be obstructed or hindered. 18. OFFENCES AND PENAL TIES 18.(1) Any person who contravenes any provision of this by-law or an order issued pursuant to this by-law or the Municipal Act or fails to comply with an order issued pursuant to this by-law or the Municipal Act is guilty of an offence. 18.(2) All contraventions of this by-law or of orders issued by the Town pursuant to this by-law or the Municipal Act are designated as multiple offences. A multiple offence is an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law. 18.(3) Any contravention of this by-law shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected or an order of the Town issued pursuant to this by-law or the Municipal Act is not complied. By-law Number 5630-14 Page 12 of76 18.(4) Upon conviction of an offence under this by-law a person is liable to a fine as permitted under the Municipal Act and may be liable to a special fine in the amount of the economic advantage or gain that such a person obtained from the contravention of this by-law. 19. INTERPRETATION 19.(1) In this by-law, unless the context otherwise requires, words importing the singular number shall include the plural and words importing the masculine gender shall include the feminine. 20. SEVERABILITY 20.(1) If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid or to be of no force and effect, it is the intention of the Town in enacting this by-law that such provision or part of a provision shall be severable, and such a decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this by-law. 21. SCHEDULES 21.(1) The following Schedules shall form a part of this by-law: Schedule 1 -Adult Entertainment Parlours Schedule 2-Places of Amusement Schedule 3-Auctioneers Schedule 4 -Billiard Halls Schedule 5 -Body Rub Parlours Schedule 6-Driving School Instructors Schedule 7-Hawkers and Peddlers Schedule 8-Horse Riding Establishments Schedule 9 -Owners and Drivers of Limousines Schedule 10-Mobile Sign Installers Schedule 11 -Refreshment Vehicles and Vendors Schedule 12-Second Hand Goods, Pawn Shops and Salvage Yards Schedule 13-Brokers, Drivers and Owners of Taxicabs Schedule 14-Kennels Schedule "A"-Annual Fees for Licenses 22. REPEAL 22.(1) By-law Number 4258-01.P, as amended, is hereby repealed on the day of this by-law coming into full force and effect. Any Licenses issued pursuant to By- law Number 4258-01.P, as amended, shall be deemed to continue under the provisions of this By-law. 23. SHORT TITLE 23.(1) This by-law shall be known and may be cited as the "Licensing By-law". 24. EFFECTIVE DATE 24.(1) This by-law comes into full force and effect on the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 21'h DAY OF MAY, 2014. READ A THIRD TIME AND FINALLY PASSED THIS 2J'h DAY OF MAY, 2014. ~EYDAWE,MAYOR ST~t2l::CLERK ---~.:..::__.___:;__ . By-law Number 5630-14 Page 13 of 76 SCHEDULE 1 Adult Entertainment Parlours 1. In this Schedule: (a) Owner and Operator means respectively an owner or operator of an Adult Entertainment Parlour Licensed as such or required to be Licensed as such under section 2 of this by-law; (b) "Adult Entertainment Parlour" shall not include Class A Adult Videotape Parlour or Class B Adult Videotape Parlour and no owner or operator of a Class A or B Adult Videotape Parlour shall be required to obtain a License pursuant to this Schedule. 2. Every Adult Entertainment Parlour Owner's License shall have endorsed thereon the location of an Adult Entertainment Parlour and such endorsement shall be for one location only and such License shall be valid only for the location endorsed thereon. 3. Every Adult Entertainment Parlour Operator's License shall have endorsed thereon the location and the name of the Adult Entertainment Parlour with respect to which it is issued and such endorsement shall be for one location only and such License shall be valid only for the location and the Adult Entertainment Parlour endorsed on such License. 4. Every Applicant shall appear in person before the Licensing Officer and shall complete an Adult Entertainment Parlour Owner/Operator's/Entertainer's License application and shall provide all information requested thereon, and shall furnish to the Licensing Officer such information as the Council may direct. In the case of an Adult Entertainment Parlour owned by a partnership such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of an Adult Entertainment Parlour owned by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof. 5. Every Applicant for an Adult Entertainment Parlour Owner's or Operator's License, where such Applicant is a natural individual shall have his or her photograph taken by the Licensing Officer. Where the Applicant is a corporation, such photograph shall be taken of an officer of the corporation. Where the Applicant is a partnership, such photograph shall be taken of one of the partners. 6. No corporation shall be Licensed as an owner in respect of an Adult Entertainment Parlour unless a natural person is Licensed as an operator in respect of that Adult Entertainment Parlour. 7. Every person applying for an Adult Entertainment Parlour Owner's License shall file with the Licensing Officer, documentation satisfactory to the Licensing Officer demonstrating the Applicant's right to possess or occupy the premises to be used by him as an Adult Entertainment Parlour, and if any Applicant is not the registered owner or owner in fee simple of the property upon which the Adult Entertainment Parlour is to be located, such person shall file with the Licensing Officer, with his application for an Adult Entertainment Parlour Owner's License, a copy of his lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said Applicant and the registered owner or owner in fee simple of the said real property. 8. Where there is to be a change in the composition or the controlling interest of a partnership Licensed under this By-law, the persons Licensed hereunder in partnership shall obtain the approval of the Licensing Officer to such change prior thereto, failing which, the License may be revoked. Where there has been any change in the controlling interest of the partnership, either by one transaction or a number thereof, the License may be revoked despite the Licensing Officer's prior approval of any one or more such transactions. By-law Number 5630-14 Page 14 of76 9. Where there is to be a change in the composition or the controlling interest of the shareholders of a corporation Licensed under this by-law, the corporation shall obtain the approval of the Licensing Officer to such change prior thereto, failing which the License may be revoked. Where there has been any change in the controlling interest of the corporation, either by one transaction or a number thereof, the License may be revoked, despite the Licensing Officer's prior approval of any one or more such transactions. 10. Notwithstanding any other provisions of this by-law, the following provisions shall constitute the sole regulations within this by-Jaw applicable to Class B Adult Videotape Parlours and no person shall own or operate a Class B Adult Videotape Parlour except in accordance with the following regulations: (a) No Adult Videotape covers or jackets or other Adult Videotape advertising or promotional material shall be displayed, except in a designated area of such Adult Entertainment Parlour that is separated from the balance of the public area by a solid partition extending from the floor to a height not Jess than 1.8 metres from the floor and provided that access to the designated area shall be through a door having a height not Jess than 1.5 metres and provided that no such advertising or promotional material can be seen by persons in the store without entering the designated area. (b) No owner or operator shall provide Adult Videotapes, unless such Adult Videotapes are stored behind the main counter, which is staffed by an employee or, contained within automated vending or dispensing equipment in such a manner as to display only the title to the Adult Videotape. (c) No owner or operator shall provide or permit the provision of an Adult Videotape to any person who is not at least eighteen (18) years of age. (d) No owner or operator shall provide Adult Videotapes, without maintaining a current listing of all Adult Videotapes available on the premises and making that listing available to the Licensing Officer upon request. (e) No owner or operator shall play or exhibit any Adult Videotape anywhere within such an Adult Entertainment Parlour. (f) No owner or operator shall advertise or promote Adult Videotapes provided at such an Adult Entertainment Parlour except in accordance with the provisions of this by-law respecting "Signs and Advertisements". (g) No owner or operator shall permit any employee to provide Adult Videotapes without first instructing such employee in the regulations of this by-law and ensuring that such employee complies with these regulations. (h) No owner or operator shall provide any Adult Videotape unless such Adult Videotape is clearly marked with a classifications sticker, issued pursuant to the Film Classification Act, 2005, S.O. 2005, c. 17, as amended. (i) No person shall own or operate such an Adult Videotape parlour, except in accordance with the provisions of the Film Classification Act, as amended. 11. Notwithstanding any other provisions of this by-Jaw, the following provisions constitute the sole regulations within this by-Jaw applicable to Class A Adult Videotape Parlours and no person shall own or operate a Class A Adult Videotape Parlour except in accordance with the following regulations: By-law Number 5630-14 Page 15 of76 (a) No owner shall provide Adult Videotapes in such an Adult Entertainment Parlour without first filing with the Licensing Officer all such information and materials as are required. (b) No operator shall provide Adult Videotapes in such an Adult Entertainment Parlour without first filing with the Licensing Officer all such information and materials as are required. (c) Where there has been a change in any of the particulars filed with the Licensing Officer, no person shall provide Adult Videotapes in such an adult entertainment parlour without filing the particulars of such change with the Licensing Officer, within seven days after such change occurs. (d) No owner or operator shall play or exhibit or permit the playing or exhibiting of any Adult Videotape anywhere within such an Adult Entertainment Parlour, except in accordance with the provisions of the Film Classification Act, as amended; (e) No owner or operator shall provide Adult Videotapes, in such an Adult Entertainment Parlour without maintaining a current listing of all Adult Videotapes available on the premises and making that listing available to the Licensing Officer upon request. (f) No owner or operator shall advertise or promote the provision of Adult Videotapes from such an Adult Entertainment Parlour except in accordance with the provisions of this by-law respecting signs and advertisements. (g) No owner or operator shall permit any person under the age of eighteen years to enter or remain in any part of such an Adult Entertainment Parlour. (h) No owner or operator shall provide any Adult Videotapes from such an Adult Entertainment Parlour unless there is posted in a prominent location at the entrance to the premises a sign indicating that no person under the age of eighteen years may enter or remain in such premises. (i) No owner or operator shall provide any Adult Videotapes from such an Adult Entertainment Parlour except in compliance with the provision of this by-law respecting hours of operation. U) No owner or operator shall provide any Adult Videotapes from such an Adult Entertainment Parlour except in compliance with the provision of this by-law respecting location restrictions and limitations on numbers. (k) No owner or operator shall provide any Adult Videotapes from such an Adult Entertainment Parlour except in compliance with the provision of this by-law respecting construction and equipment of premises. (I) No owner or operator shall provide any Adult Videotape unless such Adult Videotape is clearly marked with a classifications sticker, issued pursuant to the Film Classification Act, as amended; (m) No person shall own or operate such an Adult Videotape parlour except in accordance with the provisions of the Film Classification Act, as amended. 12. No owner shall permit any person other than a Licensed operator to operate an Adult Entertainment Parlour. 13. No operator shall operate an Adult Entertainment Parlour in a premise for which the owner thereof has not obtained an owner's License under this by- law. By-law Number 5630-14 Page 16 of76 14. No Entertainer shall provide services in any Adult Entertainment Parlour where either the owner or the operator does not have a valid License pursuant to this by-law. 15. Notwithstanding any other provisions of this by-law, where any person owns or operates an Adult Entertainment Parlour in relation to the provision of goods exclusively, other than Adult Videotapes, no regulations in this by-law shall be applicable to such person, except that no such person may offer any goods to any person under the age of 18 years. 16. No owner or operator shall permit any Entertainer, while that person is providing services as an Entertainer in an Adult Entertainment Parlour owned or operated by the owner or operator, to touch or be touched or have physical contact with any other person in any manner whatsoever involving any part of the Entertainer's body or that person's body. 17. Every contract of service, contract for services or other document constituting or pertaining to the relationship between owner, operator and Entertainer of an Adult Entertainment Parlour shall be in writing and shall be made available for inspection at any time during normal business hours of the Adult Entertainment Parlour by the Licensing Officer upon request, and shall be retained by the owner or operator for a period of six months after it's termination or completion. 18. No person shall be an owner or operator in respect of an Adult Entertainment Parlour except in compliance with the following regulations: (a) The premises shall be provided with adequate ventilation and with lighting that is adequate to ensure visibility and that is uniformly distributed throughout the premises; (b) The premises and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition; (c) The premises shall be equipped with an effective utility sink; (d) Adequate toilet and washroom accommodation shall be provided in accordance with any applicable law; (e) Washrooms shall be equipped with: (i) an adequate supply of hot and cold water; (ii) an adequate supply of liquid soap in a suitable container or dispenser; (iii) hot air dryers or individual towels in a suitable container or dispenser; (iv) a suitable receptacle for used towels and waste material; (f) No washroom, toilet, sink or basin used for domestic purposes shall be used in connection with an Adult Entertainment Parlour; (g) In all shower-bathrooms, if any, and in all sauna-bath rooms, if any, (i) the floors shall be disinfected at least once a week with a disinfecting solution approved by the Medical Officer of Health or the Licensing Officer; (ii) all surfaces and attached accessories of the bath or shower enclosure must be self-draining; (iii) all showers must have removable cleanable drain covers; (iv) floor surfaces both within and without the enclosures shall be of non-slip type; 19. No person shall be an owner or operator in respect of an Adult Entertainment Parlour unless there is maintained over the street door or in the lower front window of the premises in respect to which such person's License is issued or . ·--" ---. --------·----------·''-'·--·~-..... By-law Number 5630-14 Page 17 of76 in some other conspicuous place on the exterior of such premises satisfactory to the Licensing Officer, the License provided by the Licensing Officer for the given premises, unless the Licensing Officer directs that a different sign or document be displayed. 20. Every owner, operator and Entertainer of an Adult Entertainment Parlour in the Town of Aurora who is in attendance at an Adult Entertainment Parlour, whether engaged in their respective calling, business or occupation at that time or not shall, upon a request made to them by any peace officer, Provincial Offences Officer, Medical Officer of Health, or the Licensing Officer provide their name, residential address and License pursuant to this by-law. 21. No owner, operator or Entertainer shall provide or shall permit any services to be given, performed, provided or received in any Adult Entertainment Parlour in breach of any of the provisions contained in this by-law. 22. No owner or operator shall permit any person who appears to be intoxicated by alcohol or a Drug to enter or remain in any Adult Entertainment Parlour operated by him. 23. No owner or operator shall permit an Adult Entertainment Parlour owned or operated by him to be open for business or shall permit the provision of any services at an Adult Entertainment Parlour, unless the owner or operator is in attendance and no owner or operator shall permit an Adult Entertainment Parlour owned or operated by him to open for business, or remain open for business, or any Entertainer to enter or remain therein, or any service to be provided at such entertainment parlour unless this section is complied with. 24. No owner, operator or Entertainer or employee shall take, consume or have alcohol or Drugs in their possession in an Adult Entertainment Parlour, nor shall the use or effects of alcohol or Drugs by them be apparent while that Adult Entertainment Parlour is under their charge or when he or she is providing services therein, as the case may be. 25. Every owner who operates his own Adult Entertainment Parlour shall provide and maintain at all times at the Adult Entertainment Parlour operated by him a first-aid kit equipped in a manner satisfactory to the Regional Municipality of York Medical Officer of Health. 26. Every owner, operator, Entertainer or employee shall, while engaged in his/her respective calling, business or occupation in an Adult Entertainment Parlour, be neat and clean in his person and civil and well-behaved to members of the public with whom he/she is dealing. 27. No owner or operator shall use or permit to be used any camera or other photographic or recording device in, upon or at an Adult Entertainment Parlour by any person other than: (a) a public health inspector acting under the direction of the Medical Officer of Health; (b) the Licensing Officer; (c) a peace officer; (d) a Provincial Offences Officer. 28. No person shall display or circulate any poster, handbill, sign, card or novelty used to promote the business of an Adult Entertainment Parlour on land or premises other than the premises upon which the Adult Entertainment Parlour is situate and no sign shall be constructed or maintained except in accordance with this By-law. 29. No person shall erect or maintain any sign advertising an Adult Entertainment Parlour or any calling, business or occupation carried on at an Adult Entertainment Parlour except in accordance with Town by-laws, including the Sign By-law. Notwithstanding the provisions of the aforementioned by-laws, no By-law Number 5630-14 Page 18 of76 person shall erect or maintain any sign advertising an Adult Entertainment Parlour except in accordance with the following additional regulations: (a) no person may erect or maintain any of the following signs in respect of an Adult Entertainment Parlour or in respect of any calling, business or occupation carried on at any Adult Entertainment Parlour: (i) sign, awning, (ii) sign, canopy, (iii) sign, free standing canopy, (iv) sign, inflatable, (v) sign, portable, (vi) sign, trailer, (vii) sign, ground or pylon; (b) no person may erect or maintain a wall sign in respect of an Adult Entertainment Parlour or in respect of any calling, business or occupation carried on at an Adult Entertainment Parlour, except a wall sign or signs that do not exceed a total combined area of 4.6 metres and do not consist of more than two wall signs; (c) no person may erect or maintain a projecting sign in respect of an Adult Entertainment Parlour or in respect of any calling, business or occupation carried on at an Adult Entertainment Parlour, except a projecting sign that does not exceed a total area of three (3) square metres and that does not constitute more than one (1) projecting sign; 30. Nothing within this by-law shall be deemed to constrain any person from erecting or maintaining any sign on any interior wall of an Adult Entertainment Parlour, provided the content of such sign is not visible from the exterior of the Adult Entertainment Parlour. 31. No person may erect or maintain any sign in respect of an Adult Entertainment Parlour which includes any letters, markings, symbols, pictures or representations except the name of the Adult Entertainment Parlour as recorded on the application for License and any registered copyright logo or symbol, provided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process. 32. Every owner or operator shall withdraw or remove any sign advertising their Adult Entertainment Parlour which has been erected contrary to the provisions of this by-law upon their property immediately upon becoming aware of same or upon being ordered to do so by the Licensing Officer, whichever shall first occur. 33. Within any premises used as an Adult Entertainment Parlour, the owner shall designate the single room which shall be the only room within which goods and services may be provided and which room shall have no area enclosed or partitioned by any wall extending from the floor to a height in excess of 1.8 metres from the floor and which room shall be open at all times to all persons attending the Adult Entertainment Parlour during the business hours of the Adult Entertainment Parlour. 34. No room, cubicle or other enclosure or partitioned area located within the premises used as an Adult Entertainment Parlour, other than the room designated pursuant to section 30, may be used for the provision of goods and services and it shall be the duty of every owner and every operator to ensure that this provision is complied with. 35. No Entertainer or other person shall provide any goods or services in any room, cubicle or other enclosure other than in the room designated pursuant to section 30. 36. No premises or part thereof used as an Adult Entertainment Parlour shall be used as a dwelling or for sleeping purposes or contain therein any furniture By-law Number 5630-14 Page 19 of76 which is commonly used or may be used for sleeping purposes and it shall be the duty of the owner and the operator to ensure that this provision is complied with. 37. No door to any room or cubicle where goods or services are or may be provided in an Adult Entertainment Parlour, save and except one room designated by the owner and used by the owner or operator as an office and one room designated by the owner as a storage room, shall be equipped or constructed with a locking device of any kind, or with any other device or structure which could delay or hinder anyone from entering or obtaining access to such a room or cubicle and it shall be the duty of the owner and the operator to ensure that this provision is complied with. 38. Every owner applying for a License under this By-law shall file with his application a floor plan of the premises to be used as an Adult Entertainment Parlour upon which the owner shall clearly designate the room which shall be used to provide goods or services, the room which shall be used as an office by the owner and operator and the storage room, if any. In the event the owner or the operator wishes to amend the floor plan, he shall first file with the Licensing Officer a copy of the amended floor plan and shall not proceed to make such alterations without first obtaining the approval of the Licensing Officer, failing which the License of the owner and operator may be revoked. 39. No Entertainer or other person shall provide any goods or service in a room, cubicle or other enclosure which has a door or other means of access which is equipped or constructed with a locking device of any kind or which is equipped or constructed in such a way as to permit the obstruction, hindrance or delay of any person attempting to gain entry thereto. 40. During the hours of business of an Adult Entertainment Parlour, it shall be the responsibility of the owner and of the operator, if any, to ensure that the door or doors or other principal means of access into the Adult Entertainment Parlour by the public shall be kept unlocked and available so that anyone coming into the Adult Entertainment Parlour from the street or other public place may enter therein without hindrance or delay. 41. No owner or operator may permit any person under the age of eighteen years to enter or remain in any part of an Adult Entertainment Parlour. 42. No owner or operator shall, in respect of an Adult Entertainment Parlour permit any services of any kind designed to appeal to erotic or sexual appetites or inclinations to be provided in said Adult Entertainment Parlour except between the hours of 2:00 p.m. in the afternoon of any day and 1:00 a.m. in the morning of the next day. For the purposes of this section, the time shall be the time commonly observed in the Town. 43. No person shall own or operate or permit to be operated an Adult Entertainment Parlour within the geographic limits of the Town of Aurora: (a) on land that abuts the following highway or highways or on land that abuts a municipally-owned reserve that abuts the following highway or highways: (i) Bathurst Street, (ii) Bayview Avenue, (iii) Bloomington Sideroad, (iv) Leslie Street, (v) St. John's Sideroad, (vi) Vandorf Road; (vii) Wellington Street East and West, (viii) Yonge Street; (b) within two hundred and seventy meters of any of the highways referred to in paragraph (a); By-law Number 5630-14 Page 20 of76 (c) within two hundred and seventy (270) meters of any residential zone in existence when the application for License is submitted to the Town or within two hundred and seventy (270) meters of the lands legally described as Part Lot 81, Cone. 1E being Part 1 Plan 65R-14984 and Part Lots 82, 83 & 84, Cone. 1 E being Parts 1-8, Plan 65R-11966; (d) within two hundred and seventy (270) metres of any school (other than a trade school), church, public park, open space or day nursery in existence or in receipt of site plan approval from the Council when the application for License is submitted to the Town. Notwithstanding the foregoing, the provisions of this subsection respecting open space lands shall not apply to those open space lands which constitute the storm water detention pond described as Block 26 on Plan 65M-2873 and the hydro corridor shown adjacent to Blocks 5, 7, 8, 14, 15, 22, 23, 29 and 39 on Plan 65M-2873; (e) within two hundred and seventy (270) meters of the Highway 404 corridor; (f) within one hundred and seventy (170) metres of lands zoned Restricted Industrial (M1) Zone or on lands abutting any lands zoned Prestige Industrial (M4) Zone or exceptions to these zones; (g) from a premises which does not have full municipal water and sanitary sewer services. 44. No person shall own or operate an Adult Entertainment Parlour on any land or premises except in a single use building on a single lot or block upon which no other buildings are located and which lot or block may be conveyed in compliance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, without the requirement of subdivision or consent. 45. The number of Adult Entertainment Parlour Owner's licenses which may be granted in respect of an Adult Entertainment Parlour within the Town of Aurora shall be limited to two (2). 46. No person shall own or operate an Adult Entertainment Parlour on any premise from which food is served, unless such premise is in compliance with the requirements of the Medical Officer of Health and other applicable law, in respect of the food to be provided. 47. No person shall sell, provide or serve any alcoholic beverages on an Adult Entertainment Parlour premise, except on such premises as are licensed and operating pursuant to the Liquor Licence Act, R.S.O. 1990, c. L.19. 48. No person shall own or operate an Adult Entertainment Parlour from any premises except upon such lands as are zoned to permit the use of an "adult entertainment parlour" as defined pursuant to the Zoning By-law. 49. No person shall own or operate an Adult Entertainment Parlour from any land or premises where any other use as defined within the Zoning By-law is maintained. By-law Number 5630-14 1. In this Schedule: ·-·---·--·~--····--~~--. ' -:- SCHEDULE 2 Places of Amusement Page 21 of 76 (a) Owner and Operator means respectively an owner or operator of a Place of Amusement Licensed as such or required to be Licensed as such under Section 2 of this by-law. 2. Notwithstanding the provisions of this by-law, no person, in respect of a Place of Amusement located in a premise licensed pursuant to the Liquor License Act and having five (5) or fewer Amusement Devices, is required to be Licensed pursuant to this by-law. 3. Notwithstanding the provisions of this by-law, no person, in respect of a Place of Amusement located in a premise that is not licensed pursuant to the Liquor Licence Act and having three (3) or fewer Amusement Devices, is required to be Licensed pursuant to this by-law. 4. Every Place of Amusement Owner's License shall have endorsed thereon the location of a Place of Amusement and such endorsement shall be for one (1) location only and such License shall be valid only for the location endorsed thereon. 5. Every Place of Amusement Operator's License shall have endorsed thereon the location and the name of the Place of Amusement with respect to which it is issued and such endorsement shall be for one (1) location only and such License shall be valid only for the location and the Place of Amusement endorsed on such License. 6. No corporation shall be Licensed as an owner in respect of a Place of Amusement unless a natural person is Licensed as an operator in respect of that Place of Amusement. 7. Every person applying for a Place of Amusement owner's License shall file with the Licensing Officer, documentation satisfactory to the Licensing Officer demonstrating the Applicant's right to possess or occupy the premises to be used by him as a Place of Amusement, and if any Applicant is not the registered owner or owner in fee simple of the property upon which the Place of Amusement is to be located, such person shall file with the Licensing Officer, with his application for a Place of Amusement License, a copy of his lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said Applicant and the registered owner or owner in fee simple of the said real property. 8. The following regulations shall be applicable to all places of amusement and no person shall own or operate or permit the operation of a Place of Amusement except in accordance with the following regulations: (a) every such premises shall at all times be supervised by a person who shall remain on the premises at all times, which person shall be not less than eighteen (18) years of age; (b) every such premises shall be provided with waste receptacles which shall be cleared at least once each day; (c) every such premise shall be kept in clean and sanitary condition at all times; (d) every such premise shall be fully illuminated at all times; (e) every such premise shall provide for use by the public at all times with adequate toilet and washroom accommodations in accordance with any applicable law; ' .. -~···-···--·-·· . . .. ; ; .:~:.~•.. . . -· ... ~.: · ... ·.· .. ____ . ___ , ____ :.:. ---···· By-law Number 5630-14 Page 22 of76 (f) every such premise shall provide an unobstructed walkway having a width that is not less than one and a half (1.5) metres entirely around each Amusement Device. 9. No owner shall permit any person other than a Licensed operator to operate a Place of Amusement. 10. No operator shall operate a Place of Amusement in a premise for which the owner thereof has not obtained an owner's License under this by-law. 11. No owner or operator shall carry on any calling, business or occupation at a Place of Amusement other than the Place of Amusement endorsed on their License and at the location endorsed thereon. 12. No person shall be an owner or operator in respect of a Place of Amusement unless there is maintained over the street door or in the lower front window, of the premises in respect to which such person's License is issued, or in some other conspicuous place on the exterior of such premises satisfactory to the Licensing Officer, the License provided by the Licensing Officer for the given premises, unless the Licensing Officer directs that a different sign or document be displayed. 13. No person shall own or operate a Place of Amusement having Amusement Devices unless such Amusement Devices are separated from other uses or occupancies of the premises by walls or permanent partitions. 14. No person shall own or operate a Place of Amusement from any premises except upon such lands as are zoned to permit the use of "Place of Amusement" as defined pursuant to the Zoning By-law. 15. No person shall own or operate a Place of Amusement from any land or premises where any use is maintained other than a use which is accessory to places of amusement as defined within the Zoning By-law. 16. Every owner shall provide the Licensing Officer with a current and accurate floor plan of the Place of Amusement which indicates the nature of each and every Amusement Device to be located on the premises, the total gross floor area of the premises, the location and type of all Amusement Devices, the floor area to be occupied by the Amusement Device and the location and floor area of all other facilities and uses to which the premises will be put. 17. No owner or operator shall operate or permit the operation of any Place of Amusement except during the times set forth below: (a) Mondays to Fridays-from 3:30 pm to 10:00 pm (b) Saturdays-from 9:00am to 10:00 pm (c) Sundays-12:01 pm to 10:00 pm 18. No person shall own or operate or permit the operation of a Place of Amusement on land or premises abutting the following streets or highways or on land that abuts a municipally owned reserve that abuts the following streets or highways: (a) Yonge Street, (b) Wellington Street East and West. By-law Number 5630-14 SCHEDULE 3 Auctioneers Page 23 of76 1. No person shall sell, offer to sell or put up for sale any goods, wares or merchandise by Public Auction except in compliance with the following: (a) no person shall avail himself of the services of, or act in concert with, persons known as "beaters", "boosters", or "shills" for the purpose of raising or stimulating bids; (b) no person shall sell, offer to sell or put up for sale by auction any goods, wares or merchandise on a reserve-bid basis without first having announced clearly to those in attendance at the auction the fact of such reserve bid; (c) no person shall conduct or permit to be conducted any mock auction; (d) no person shall make or permit to be made any misrepresentation as to the quality or value of any goods, wares or merchandise offered for sale by him. 2. No person shall sell, offer to sell or put up for sale any goods, wares, merchandise or affects by Public Auction unless he/she keeps books of account of the business transacted by him/her as an Auctioneer, which books shall give the names and addresses of persons depositing goods, wares, or merchandise with him/her for sale, the description of the same, the price for which the same may be sold, and the names and addresses of persons purchasing such goods, wares or merchandise or any portion thereof, and shall forthwith, after the sale of same, or any portion thereof, account for the proceeds and pay the same to the person or persons so entitled to such proceeds, less his proper and legal commissions and charges; and shall in case no sale is made of such goods, on payment of his proper costs and charges, return such goods to the person or persons entitled to receive the same on proper demand being made therefor; provided that nothing contained in this section shall in any way effect or invalidate the claim of any Auctioneer for goods warehoused with him and on which he/she made advances. 3. All books kept by any Auctioneer, pursuant to the foregoing, shall be open at all times during business hours to the Licensing Officer. 4. Every person who sells or who puts up for sale any goods, wares or merchandise by Public Auction from any location shall, at all times during the auction and while such goods, wares, merchandise or affects remain at that location, permit the entry by and the inspection of such location and items by the Licensing Officer, a Municipal Law Enforcement Officer, a Provincial Offences Officer or a Peace Officer. 5. No person shall obstruct or hinder the entry or the inspection conducted pursuant to section 4. •• ·-·-·---------•-<· _. __ ,,: .. :_;,;_,_,;.; By-law Number 5630-14 1. In this Schedule: SCHEDULE4 Billiard Halls Page 24 of76 (a) Owner and operator means respectively the owner or operator of a Billiard Hall Licensed as such or required to be Licensed as such. 2. Every owner's License shall have endorsed thereon the location of the premises where billiard, pool or bagatelle tables are kept and such endorsement shall be for one location only and such License shall be valid only for the location endorsed thereon. 3. Every owner applying for a License shall file with the Licensing Officer, documentation satisfactory to the Licensing Officer demonstrating the Applicant's right to possess or occupy the premises wherein the billiard, pool or bagatelle tables shall be kept, and if any Applicant is not the registered owner or owner in fee simple of the property upon which the billiard, pool or bagatelle tables are to be kept, shall file with the Licensing Officer, with his application for a License, a copy of his lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said Applicant and the registered owner or owner in fee simple of the said real property. 4. No owner shall keep any billiard, pool or bagatelle tables at any premises except in compliance with the following regulations: (a) the premises shall be provided with adequate light and ventilation; (b) the premises and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition; (c) The premises shall be equipped with an operative utility sink; (d) every such premise shall provide for use by the public at all times an adequate toilet and washroom accommodation in accordance with any applicable law and such washrooms shall be equipped with: (i) an adequate supply of hot and cold water; (ii) an adequate supply of liquid soap in a suitable container or dispenser; (iii) hot air dryers or individual towels in a suitable container or dispenser; (iv) a suitable receptacle for used towels and waste material. 5. No owner shall keep billiard, pool or bagatelle tables unless there is maintained over the street door or in the lower front window, of the premises in respect to which such person's License is issued or in some other conspicuous place on the exterior of such premises satisfactory to the Licensing Officer, the License provided by the Licensing Officer for the given premises, unless the Licensing Officer directs that a different sign or document be displayed. 6. Every owner shall keep his License certificate issued in respect of billiard, pool or bagatelle tables posted in a conspicuous place in the said premises in a manner satisfactory to the Licensing Officer, at all times during the currency of the License. 7. Every owner and every employee in attendance at any premises having billiard, pool or bagatelle tables, whether engaged in their respective calling, business or occupation at that time or not shall, upon a request made to them by anyone authorized to enforce the provisions of this by-law, provide their name, residential address and License pursuant to this by-law. By-law Number 5630-14 Page 25 of76 8. No owner or operator shall permit any billiard, pool or bagatelle tables to be used in breach of any of the provisions contained in this by-law. 9. No owner or operator shall permit any person who appears to be intoxicated by alcohol or a Drug to enter or remain in any premises where billiard, pool or bagatelle tables are kept by him/her. 10. No owner or operator shall permit any premises where billiard, pool or bagatelle tables are kept by him/her to be open for entry by members or clientele, unless the owner or operator is in attendance. 11. No owner, operator or employee shall take, consume or have alcohol or Drugs in their possession in any premises where billiard, pool or bagatelle tables are kept, nor shall the use or effects of alcohol or Drugs by them be apparent while that premises is under their charge. 12. Every owner shall provide and maintain at all times at the premises where billiard, pool or bagatelle tables are kept by him a first-aid kit equipped in a manner satisfactory to the Regional Municipality of York Medical Officer of Health and the Licensing Officer. 13. Every owner, operator and their employees shall, while billiard, pool or bagatelle tables are being made available for use, be neat and clean in his/her person and civil and well-behaved to members of the public with whom he/she is dealing. 14. No proprietary club and no owner shall keep billiard, pool or bagatelle tables in any premises except in accordance with the following: (a) the total area of windows in the exterior walls of the premises shall not be less than 5% of the floor area of the premises, (b) no such windows may be obstructed or obscured during regular business hours of the premises such that the interior of the premises is not visible from the exterior of the structure, except where such windows are obstructed or obscured by shades, curtains or blinds during those portions of the daylight hours when direct sunlight falls upon any table in a manner which renders participation in the use of the tables difficult or impossible, and (c) no such premises shall be located in a "basement" or "cellar" as those terms are defined in the Zoning By-law. 15. No billiard, pool or bagatelle tables shall be kept in a room, cubicle or other enclosure which has a door or other means of access which is equipped or constructed with a locking device of any kind or which is equipped or constructed in such a way as to permit the obstruction, hindrance or delay of any person attempting to gain entry thereto. 16. During the hours of business of any premises where billiard, pool or bagatelle tables are kept, it shall be the responsibility of the owner to ensure that the door or doors or other principal means of access into the premises by the public shall be kept unlocked and available so that anyone coming into the premises from the street or other public place may enter therein without hindrance or delay. By-law Number 5630-14 1. In this Schedule: SCHEDULE 5 Body Rub Parlours Page 26 of76 (a) Owner, operator and provider means respectively the owner, operator or provider in a Body Rub parlour Licensed as such or required to be Licensed as such. 2. No partnership shall be Licensed as an owner in respect of a Body Rub Parlour unless that partnership is also an operator or some other person is Licensed as an operator in respect of that Body Rub Parlour. 3. No corporation shall be Licensed as an owner in respect of a Body Rub Parlour unless that corporation or some other person is Licensed as an operator in respect of that Body Rub Parlour. 4. Every person applying for a Body Rub Parlour Owner's License shall file with the Licensing Officer, documentation satisfactory to the Licensing Officer demonstrating the Applicant's right to possess or occupy the premises to be used by him as a Body Rub Parlour, and if any Applicant is not the registered owner or owner in fee simple of the property upon which the Body Rub Parlour is to be located, such person shall file with the Licensing Officer, with his application for a Body Rub Parlour Owner's License, a copy of his lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said Applicant and the registered owner or owner in fee simple of the said real property. 5. No owner shall permit any person other than a Licensed operator to operate a Body Rub Parlour. 6. No operator shall operate a Body Rub Parlour in a premise for which the owner thereof has not obtained an owner's License under this by-law. 7. No person shall provide any person with a Body Rub, except in accordance with this by-law. 8. No owner or operator shall carry on any calling, business or occupation at a Body Rub Parlour other than the Body Rub Parlour endorsed on their License and at the location endorsed thereon. 9. Every contract of service, contract for services or other document constituting or pertaining to the relationship between owner, operator or provider of Body Rubs at a Body Rub Parlour shall be in writing and shall be made available for inspection at any time during normal business hours of the Town to the Licensing Officer upon request, and shall be retained by the owner or operator for a period of six (6) months after its termination or completion. 10. No person shall be an owner or operator in respect of a Body Rub Parlour except in compliance with the following regulations: (a) the premises shall be provided with adequate ventilation and with lighting that is adequate to ensure visibility and that is uniformly distributed throughout the premises; (b) the premises and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition; (c) the premises shall be equipped with an effective utility sink; (d) adequate toilet and washroom accommodation shall be provided in accordance with any applicable law and regulations and such washrooms shall be equipped with: (i) an adequate supply of hot and cold water; By-law Number 5630-14 Page 27 of76 (ii) an adequate supply of liquid soap in a suitable container or dispenser; (iii) hot air dryers or individual towels in a suitable container or dispenser; (iv) a suitable receptacle for used towels and waste material; (e) no washroom, toilet, sink or basin used for domestic purposes shall be used in connection with a Body Rub Parlour; (f) in all shower-bathrooms, if any, and in all sauna-bath rooms, if any, (i) the floors shall be disinfected at least once a week with a disinfecting solution approved by the Medical Officer of Health; (ii) all surfaces and attached accessories of the bath or shower enclosure must be self-draining; (iii) all showers must have removable cleanable drain covers; (iv) floor surfaces both within and without the enclosures shall be of non- slip type. 11. No person shall be an owner or operator in respect of a Body Rub Parlour unless there is maintained, over the street door or in the lower front window of the premises in respect to which such person's License is issued or in some other conspicuous place on the exterior of such premises satisfactory to the Licensing Officer, the License provided by the Licensing Officer for the given premises, unless the Licensing Officer directs that a different sign or document be displayed. 12. Every owner, operator or provider of Body Rubs at a Body Rub Parlour in the Town of Aurora who is in attendance at a Body Rub Parlour, whether engaged in their respective calling, business or occupation at that time or not shall, upon a demand made to them by anyone authorized to enforce the provisions of this by- law, provide their name, residential address and License pursuant to this by-law. 13. No owner, operator or provider of Body Rubs shall provide or shall permit any services to be given, performed, provided or received in a Body Rub Parlour in breach of any of the provisions contained in this by-law. 14. No owner or operator shall permit any person who appears to be intoxicated by alcohol or a Drug to enter or remain in a Body Rub Parlour operated by him/her. 15. No owner or operator shall permit a Body Rub Parlour owned or operated by him/her to be open for business or shall permit the provision of any services at a Body Rub Parlour, unless the owner or operator is in attendance in person and no owner or operator shall permit a Body Rub Parlour owned or operated by him/her to open for business, or remain open for business, or a Body Rub to be provided at such Body Rub Parlour unless this section is complied with. 16. No owner, operator or provider of Body Rubs shall take, consume or have alcohol or Drugs in their possession in a Body Rub Parlour, nor shall the use or effects of alcohol or Drugs by them be apparent while that Body Rub Parlour is under their charge or when providing services therein, as the case may be. 17. Every owner shall provide and maintain at all times at the Body Rub Parlour operated by him/her a first-aid kit equipped in a manner satisfactory to the Regional Municipality of York Medical Officer of Health and the Licensing Officer. 18. Every owner, operator and provider shall, while engaged in his/her respective calling, business or occupation in a Body Rub Parlour, be neat and clean in his person and civil and well-behaved to members of the public with whom he/she is dealing. 19. No owner, or operator or provider shall use or permit to be used any camera or other photographic or recording device in, upon or at a Body Rub Parlour by any person other than: -~·C • • •-•-:'~'-'·'-'·.,-· -• •-- By-law Number 5630-14 Page 28 of76 (a) a public health inspector acting under the direction of the Medical Officer of Health; (b) the Licensing Officer; (c) a Municipal Law Enforcement Officer; (d) a peace officer; or (e) a Provincial Offences Officer. 20. No person shall display or circulate any poster, handbill, sign, card or novelty used to promote the business of a Body Rub Parlour on land or premises other than the premises upon which the Body Rub Parlour is situated and no sign shall be constructed or maintained except in accordance with this by-law. 21. No person shall erect or maintain any sign advertising a Body Rub Parlour or any calling, business or occupation carried on at a Body Rub Parlour except in accordance with Town by-laws, including the Sign By-law. Notwithstanding the provisions of the aforementioned by-laws, no person shall erect or maintain any sign advertising a Body Rub Parlour or any activity carried on at a Body Rub Parlour except in accordance with the following additional regulations: (a) no person may erect or maintain any of the following signs in respect of a Body Rub Parlour or in respect of any calling, business or occupation carried on at a Body Rub Parlour: (i) sign, awning, (ii) sign, canopy, (iii) sign, free standing canopy, (iv) sign, inflatable, (v) sign, portable, (vi) sign, trailer, (vii) sign, ground or pylon; (b) no person may erect or maintain a wall sign in respect of a Body Rub Parlour or in respect of any activity carried on at a Body Rub Parlour, except a wall sign or signs that do not exceed a total combined area of 4.6 square metres and not consisting of more than two (2) wall signs; (c) no person may erect or maintain a projecting sign in respect of a Body Rub Parlour or in respect of any activity carried on at a Body Rub Parlour, except a projecting sign that does not exceed a total area of three 3 (3) square metres and that does not constitute of more than one (1) projecting sign. 22. Nothing within this by-law shall be deemed to constrain any person from erecting or maintaining any sign on any interior wall of a Body Rub Parlour, provided the content of such a sign is not visible from the exterior of the Body Rub Parlour. 23. No person may erect or maintain any sign in respect of a Body Rub Parlour which includes any letters, marking, symbols, pictures or representations except the name of the Body Rub Parlour as recorded on the application for License and any registered copyright logos or symbols, provided a copy of such logos or symbol is filed with the Licensing Officer as part of the licensing process. 24. Every owner or operator shall withdraw or remove any sign advertising their Body Rub Parlour which has been erected contrary to the provisions of this by- law upon their property immediately upon becoming aware of same or upon being ordered to do so by the Licensing Officer, whichever shall first occur. 25. No premises or part thereof used as a Body Rub Parlour shall be used as a dwelling or for sleeping purposes or contain therein any furniture which is commonly used or may be used for sleeping purposes and it shall be the duty of the owner and the operator to ensure that this provision is complied with. By-law Number 5630-14 Page 29 of76 26. No door to any room or cubicle where services are or may be provided in a Body Rub Parlour, save and except one room designated by the owner and used by the owner or operator as an office and one room designated by the owner as a storage room, shall be equipped or constructed with a locking device of any kind, or with any device or structure which could delay or hinder anyone from entering or obtaining access to such a room or cubicle and it shall be the duty of the owner and the operator to ensure that this provision is complied with. 27. Every owner applying for a License under this by-law shall file with his application a floor plan of the premises to be used as a Body Rub Parlour upon which the owner shall clearly designate the room which shall be used to provide Body Rubs, the room which shall be used as an office by the owner and operator and the storage room, if any. In the event the owner or the operator wishes to amend the floor plan, he shall first file with the Licensing Officer a copy of the amended floor plan and shall not proceed to make such alterations without first obtaining the approval of the Licensing Officer. 28. No person shall provide any Body Rub in a room, cubicle or other enclosure which has a door or other means of access which is equipped or constructed with a locking device of any kind or which is equipped or constructed in such a way as to permit the obstruction, hindrance or delay of any person attempting to gain entry thereto. 29. During the hours of business of a Body Rub Parlour, it shall be the responsibility of the owner and of the operator, if any, to ensure that the door or doors or other principal means of access into the Body Rub Parlour by the public shall be kept unlocked and available so that anyone coming into the Body Rub Parlour from the street or other public place may enter therein without hindrance or delay. 30. No owner or operator may permit any person under the age of eighteen (18) years to enter or remain in any part of a Body Rub Parlour. 31. No owner or operator shall permit a Body Rub of any kind to be provided in said Body Rub Parlour except between the hours of 2:00 p.m. in the afternoon of any day and 1 :00 a.m. in the morning of the next day. 32. No person shall own or operate or permit to be operated a Body Rub Parlour within the geographic limits of the Town of Aurora: (a) on land that abuts the following highway or highways or on land that abuts a municipally owned reserve that abuts the following highway or highways: (i) Bathurst Street, (ii) Bayview Avenue, (iii) Bloomington Sideroad, (iv) Leslie Street, (v) St. John's Sideroad, (vi) Vandorf Road; (vii) Wellington Street East and West, (viii) Yonge Street; (b) within two hundred and seventy (270) meters of any of the highways referred to in paragraph (a); (c) within two hundred and seventy (270) meters of any residential zone in existence when the application for License is submitted to the Town or within two hundred and seventy meters of the lands legally described as within two hundred and seventy two meters of any residential zone in existence when the application for License is submitted to the Town or within two hundred and seventy meters of the lands legally described as Part Lot 81, Cone. 1E being Part 1 Plan 65R-14984 and Part Lots 82, 83 & 84, Cone. 1E being Parts 1-8, Plan 65R-11966; --~--_·,.·-. ... -~-.. ::...:::.. . ....: .. _:__ -----------·· ..... By-law Number 5630-14 Page 30 of76 (d) within two hundred and seventy (270) meters of any school, (other than a trade school), church, public park, open space or child day care centre in existence or in receipt of site plan approval from Council when the application for License is submitted to the Town. (e) within two hundred and seventy (270) meters of the Highway 404 corridor; (f) within one hundred and seventy (170) metres of lands zoned Restricted Industrial (M1) Zone or on lands abutting lands zoned Prestige Industrial (M4) Zone or exceptions to these zones; (g) from a premises which does not have full municipal water and sanitary sewer services. 50. No person shall own or operate a Body Rub Parlour on any land or premises except in a single use building on a single lot or block upon which no other buildings are located and which lot or block may be conveyed in compliance with the provisions of the Planning Act, as amended, without the requirement of subdivision or consent. 51. The number of Body Rub Parlour Owner's Licenses which may be granted in respect of a Body Rub Parlour within the Town of Aurora shall be limited to two (2). 52. No person shall own or operate a Body Rub Parlour from any premises except upon such lands as are zoned to permit the use of a Body Rub Parlour as defined pursuant to the Zoning By-law. 53. No person shall own or operate a Body Rub Parlour from any land or premises where any use is maintained other than a use which is accessory to Body Rub Parlours as defined within the Zoning By-law. ... _ ·--------·-_. , -• ___ ,;~cl.:..:~·:·.-· -· By-law Number 5630-14 SCHEDULE 6 Driving School Instructors 1. Every Driving School Instructor shall: (a) be of the full age of eighteen (18) years or older; Page 31 of 76 (b) be the holder of an instructor's License issued pursuant to the Highway Traffic Act, as amended; (c) be fluent in reading and speaking the English language; (d) while giving driving instruction, be properly dressed, neat and clean in his/her person and civil and well-behaved to members of the public to those with whom he/she is dealing; (e) before giving instruction to any student, advise the Licensing Officer of all vehicles which he/she proposes to use to give instruction, identifying such vehicles by the makes and serial numbers thereof; (f) at the request of the Licensing Officer, provide a Safety Standards Certificate issued under the Highway Traffic Act, as amended, for any vehicle to be Licensed under this by-law; and (g) in respect of each driving school vehicle which is used for the purpose of giving instruction, procure a policy of insurance endorsed to the effect that the Town shall be given at least ten (1 0) days' notice in writing of any cancellation, expiration or change in the amount of the policy, and insuring in respect of any one accident, to the limit of at least two-million ($2,000,000.00) dollars, exclusive of interest and costs, against loss or damage resulting from bodily injury to or death of one or more persons and loss of or damage to property; the said policy shall make provision for passenger hazard including the carrying of passengers for compensation or hire in the business of or for the use of a driving school in an amount not less than the foregoing. A certified copy or certificate of such policy shall be deposited with the Licensing Officer. 2. No Driving School Instructor shall give driving instructions: (a) in any vehicle which does not have, in addition to the standard controls and brakes for use by the driver, extra braking equipment in good working condition placed in a position for ready use by the instructor or operator seated beside the driver; (b) to any student driver who fails to produce a current Ontario motor vehicle operator's license or a current Ontario motor vehicle operator's temporary instruction permit, or, in the case of a student driver who has not resided in Ontario for more than sixty (60) days, an existing driver's license in accordance with the laws of the province, country or state of which he/she was a resident immediately before becoming a resident of Ontario; (c) to any student driver whose driving ability he/she knows, or has reason to suspect, is impaired by the use of alcoholic beverages, Drugs or narcotics; (d) if he/she has, within the previous six (6) hours, taken or consumed any alcoholic beverages, or if the use of alcoholic beverages by him/her is apparent in any way; (e) in any vehicle unless the same has securely affixed to the back thereof in a position approved by the Licensing Officer a plate issued by the Town bearing an identifying number and indicating that such vehicle is used in a business Licensed under this by-law; By-law Number 5630-14 Page 32 of76 (f) in any vehicle until the same has been approved by the Licensing Officer; (g) to any student driver who is not registered as a student at the driving school where the driving instructor is employed; and (h) to any student unless the vehicle being used for such instruction is equipped with a sign identifying the vehicle as a driving school vehicle. (i) in any public park in the Town; U) upon any street abutting a school or playground, which, together with the adjoining streets, forms the block in which such school or playground is situated; (k) in the "Restricted Area" used by the MTO for driver examinations bordered by the following streets: (i) Edward Street, (ii) Industrial Parkway, (iii) Wellington Street, (iv) Edward Street. By-law Number 5630-14 . :.: .. ;..:'-'.' --·--·-·-----· . SCHEDULE 7 Hawkers and Peddlers Page 33 of76 1. In this by-law, "Hawker" or "Peddler" shall mean every person who goes from place to place or to a particular place with goods, wares or merchandise for sale, or who carries and exposes samples, patterns or specimens of any goods, wares or merchandise which are delivered within the municipality afterwards, but not including a person who hawks, peddles or sells goods, wares or merchandise: (a) to wholesale or retail dealers in similar goods, wares or merchandise, (b) that are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer or his agent or employee having written permission so to do, in the municipality in which the grower, producer or manufacturer resides, (c) that are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his own farm, (d) that are hawked, peddled or sold by a person, or by his/her employee/agent, who pays business tax in the municipality, or (e) that 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 municipality in respect of premises used for the sale of such goods, wares or merchandise. 2. No person to whom this Schedule relates shall engage in or carry on his respective business or occupation by passing from house to house or along streets or lanes in the Town of Aurora before sunrise on any day. 3. No person who is Licensed to carry on the business of being a Peddler, shall employ: (a) any person as a helper to assist in peddling who is not Licensed to do so; or (b) more than three helpers. 4. No person to whom this Schedule relates, who uses a push cart or other vehicle propelled by muscular power or a motor vehicle, shall stop within thirty (30) metres of any entrance to school grounds or a public park. By-law Number 5630-14 Page 34 of76 SCHEDULE 8 Horse Riding Establishments 1. No License shall be issued for a Horse Riding Establishment on premises where the Zoning By-law does not permit the use of those premises for such purposes. 2. Each Horse Riding Establishment License, when issued, shall be posted in a conspicuous place on the premises to which it relates. 3. Every Applicant for a Horse Riding Establishment License must produce a certificate signed by a licensed insurance broker certifying that the premises in respect of which the License has been applied for has been insured for general liability and personal injury in the sum of not less than two million Canadian dollars ($2,000,000) for any one occurrence prior to the date of the application and be endorsed to provide that the policy will not be altered, cancelled or allowed to lapse without thirty (30) days prior written notice to the Town. 4. No person shall carry on the business of a Horse Riding Establishment and: (a) rent, loan or otherwise allow a person under the age of eighteen (18) years to ride a horse unless that person is wearing a helmet that meets current standards set for use while riding horses as established by the American Society of Testing and Materials (ASTM), the Canadian Standards Association (CSA) or European Safety Standards, as may be established or revised from time to time, which is properly fitted and fastened securely upon the rider's head by a harness, at all times while that person is mounted on a horse; (b) rent, loan or otherwise allow a person to ride a horse unless that person is wearing properly fitting, hard and smooth soled footwear with a heel of not less than 1.5 centimetres at all times while that person is mounted on a horse, unless the rider been provided with properly functioning and appropriately sized hooded stirrups, safety stirrups, which are designed to prevent a rider's foot from passing through or becoming wedged in the stirrup, or stirrups which are designed to break-away when a rider falls from the horse; (c) conduct cross-country instruction or trail riding with less than one (1) Head Trail Guide, instructor or Assistant Instructor for every six (6) persons taking instruction or riding, as the case may be; (d) conduct cross-country instruction or trail riding without a Head Trail Guide, instructor or Assistant Instructor carrying, at all times, a fully functioning two-way radio where its signal will be received by another Head Trail Guide, instructor or Assistant Instructor who is not also on that same instruction or trail ride, or without its instructor or Assistant Instructor carrying a fully functioning cellular or digital telephone; (e) permit more than one (1) person to ride a horse at the same time; (f) rent, loan or otherwise allow a person to ride a horse unless that horse is known to be safe, sound and schooled for the purposes intended, regardless of the rider's ability; (g) permit any person to mount or dismount a horse for the purposes of cross-country instruction or trail riding unless that horse is held at the bridle by an employee or volunteer of the person carrying on the business and who is supervised by an instructor or Head Trail Guide; (h) rent, loan or otherwise allow a person to ride a horse where that person is taking, consuming, possessing or is, or appears to be, intoxicated by alcohol or a Drug on any premises used for the carrying on of the business of a Horse Riding Establishment; or By-law Number 5630-14 Page 35 of76 (i) rent, loan or otherwise allow a person to ride a lame, sick or blind horse, and for the purposes of cross-country instruction or trail riding, a stallion or a horse under five (5) years of age, unless that person is the owner of that horse. 5. No person shall instruct persons in the riding of horses at a Horse Riding Establishment unless: (a) they have attained the age of eighteen (18) years and they have at least five (5) consecutive years of experience in the immediately preceding seven (7) years riding horses; or (b) they have attained the age of eighteen (18) years and they have been certified by the Canadian Equestrian Federation, Ontario Equestrian Federation, Canadian Therapeutic Riding Association, Certified Horseman's Association or British Horse Society. 6. Notwithstanding the provisions of section 5 of this Schedule, a person shall be permitted to assist in the instruction of persons in the riding of horses at a Horse Riding Establishment where: (a) they have attained the age of (16) sixteen years; (b) they have at least (3) three consecutive years of experience in the immediately preceding five (5) years riding horses; and (c) they are under the direct supervision of an instructor who meets the qualifications as provided for in section 7 of this Schedule. 7. No person shall conduct or lead a trail ride at a Horse Riding Establishment unless they have attained the age of eighteen (18) years and they have at least three (3) consecutive year of experience in the immediately preceding five (5) years leading trail rides or cross-country instruction. 8. No person shall instruct or assist in the instruction of persons in the riding of horses or conduct or lead or assist in the conducting or leading of a trail ride at a Horse Riding Establishment while taking, consuming, possessing or being, or appearing to be, intoxicated by alcohol or a Drug. 9. No person shall carry on the business of a Horse Riding Establishment and employ or allow persons to instruct or assist in instruction or conduct or lead or assist in the conducting or leading of a trail ride in contravention of this by-law. 10. No person shall carry on the business of a Horse Riding Establishment and rent, loan or otherwise allow a person under the age of ten (1 0) to ride a horse for the purpose of trail riding or cross-country instruction. 11. Notwithstanding the provisions of section 10 of this Schedule, a person who carries on the business of a Horse Riding Establishment may rent, loan or otherwise allow a person who has attained the age of at least six (6) years to ride a horse for the purpose of trail riding or cross-country instruction where the horse is secured to and led by another horse which is mounted by a strong, capable adult. 12. No person shall carry on the business of a Horse Riding Establishment on premises without keeping that portion of the said premises ordinarily used for the riding of horses clear of all ground and over-hanging obstructions. Where said obstructions cannot be cleared, the person carrying on the business of a Horse Riding Establishment shall barrier these obstructions such that horses and riders will not come in contact with them. 13. Prior to beginning instruction or conducting or leading a trail ride, the instructor, Head Trail Guide or an Assistant Instructor assigned to that instruction or ride, as the case may be, shall examine the fit and condition of By-law Number 5630-14 Page 36 of76 all equipment to be used by each rider to ensure that it is clean, supple, well- fitting, secure and fully functional. 14. Prior to beginning instruction or conducting or leading a trail ride, the instructor, Head Trail Guide or an Assistant Instructor assigned to that instruction or ride, as the case may be, shall provide emergency situation training including emergency dismounting, controlling a runaway horse and proper handling of reins. 15. All instructors and Head Trail Guides employed by or volunteering at a riding horse establishment must hold a current certification in first aid and cardiopulmonary resuscitation from either the St. John's Ambulance or the Canadian Red Cross Society and shall maintain a fully stocked first-aid kit on the premises. 16. No person shall erect or maintain any sign advertising the carrying on of a Horse Riding Establishment except in accordance with Town by-laws, including the Sign By-law. 17. A premise which contains a Horse Riding Establishment shall contain a sign, to be created and erected at the expense of the License Applicant/holder, the size and location of which shall be as approved by the Licensing Officer, and which is in the following form: Patrons are advised of the following regulations imposed by Town of Aurora Licensing By-law governing the operation of this business: • Maximum six (6) riders per leader. • Helmets to be worn by all persons under age eighteen (18). • Hard soled shoes with a heel must be worn by all riders, unless hooded, safety or break-away stirrups are being used. • Patrons are advised that even with safety equipment, horse riding contains inherent risks which may result in serious injury or death. • Inexperienced riders are asked to identify themselves to the instructor/leader. • Patrons are encouraged to inquire about hazardous conditions which may exist on this property. By-law Number 5630-14 Page 37 of76 SCHEDULE 9 Owners and Drivers of Limousines 1. No License may be leased, sublicensed, transferred, assigned or used by any person other than the licensee. 2. The Licensing Officer may not issue more than one Limousine owner's License for each five thousand (5,000) persons residing in the Town. 3. No owner, acting alone or in concert with a subsidiary, affiliate or partnership, may hold or control more than two-thirds (2/3) of the total owner's Licenses available. 4. No person shall be Licensed as an owner unless: (a) The Applicant files with the Licensing Officer proof that they hold a current passenger motor vehicle permit in relation to the Limousine, which is in good standing and was issued in the Applicant's name by the MTO for the motor vehicle of which the person is the owner; where the Applicant leases to own a Limousine, they shall provide the Town with a copy of such agreement together with a copy of the motor vehicle permit issued in the name of the registered owner. (b) The Applicant files with the Licensing Officer a certified copy of a current policy of insurance from a recognized insurance company in relation to the operation of the Limousine insuring the owner for property damage, personal injury or death to any one person in the sum of not less than two million ($2,000,000.00) dollars and such policy shall make provision for passenger hazard or third party liability for not less than the foregoing amount; such policy shall also be endorsed to the effect that the Town shall be given thirty (30) days prior written notice of any cancellation or expiration or variation in the amount of the policy. (c) The Limousine for which the License is to be issued meets the requirements of this by-law. (d) The Applicant is a driver Licensed as such under this by-law. 5. Where an Applicant for a Limousine owner's License is a corporation, the person holding the shares carrying at least fifty-one (51%) percent of the voting rights attached to all shares of the corporation for the time being issued and outstanding shall be a driver Licensed under this by-law. If no one person holds at least fifty-one (51%) percent of the voting rights of the corporation, then the corporation shall designate one person to be the Licensed driver under the provisions of this by-law. 6. No person shall be Licensed as a driver unless: (a) The Applicant provides the Licensing Officer with proof that they hold a valid, current class "G" driver's license issued by the Government of Ontario, which is in good standing according to the records of the MTO. (b) The Applicant provides the Licensing Officer with a copy of a police comment letter in relation to the application, dated within ninety (90) days of the date of application or renewal. (c) The Applicant provides the Licensing Officer with a copy, dated within ninety (90) days of the date of application of renewal, of a driver's abstract from the MTO. (d) The Applicant provides the Licensing Officer with proof that they are at least eighteen (18) years of age. By-law Number 5630-14 Page 38 of76 (e) The Applicant provides the Licensing Officer with a letter from a prospective employer who is a Licensed owner, unless the driver is also the owner of the Limousine which he/she intends to drive. (f) The Applicant provides the Licensing Officer with an approved certificate signed by a duly qualified medical practitioner and dated within ninety (90) days of the date of application or renewal, which states that the Applicant is fit and able to operate a Limousine. 7. Every application for a renewal of any License issued pursuant to this Schedule shall be delivered to the Licensing Officer, in person, before the expiry date for such License. When an application for renewal of a License is delivered to the Licensing Officer any time thirty (30) days after the expiry date of the License, the Applicant shall submit an application as a new Applicant. 8. Every Limousine owner shall: (a) keep at all times in the vehicle of the owner, the original, or a photo copy of the original, of each of the following documents: (i) the current MTO and Communications passenger Motor Vehicle Permit issued for that Licensed vehicle; (ii) the current Limousine owner's License issued under this by-law; (iii) the certificate of liability insurance for the vehicle, in accordance with this by-law; (b) have in or on the vehicle: (i) the owner's License Plate firmly affixed to the rear bumper, or at a location and in a manner approved by the Licensing Officer; (ii) affixed within the Limousine, in a location and in a manner approved by the Licensing Officer, the License Plate number, a notice advising passengers of the grounds for refusing to accept a passenger as set out in this by-law and that complaints may be made to the Licensing Officer at the telephone number provided by the Licensing Officer, and a card showing the Fare and such other information as may be required by the Licensing Officer from time to time; (c) employ or use only the services of Licensed drivers; (d) provide the Licensing Officer with the name of the Licensed driver operating the vehicle, within seventy-two (72) hours of the time when the Licensed driver has commenced to operate the said vehicle; and (e) repair any mechanical defect in the vehicle that comes to his/her attention .. 9. No person may be an owner of a Limousine that is also Licensed as a Taxicab as defined in this by-law. 10. No person may be an owner of a Limousine that is equipped with a meter for registering distance traveled or computing Fares to be paid. 11. No person may permit a Limousine owned by him to charge a Fare for a Limousine service based on any calculation other than a flat rate or on an hourly basis and no owner may charge a Fare higher than the Fare quoted when the Limousine service is scheduled. 12. No owner of a Limousine may permit a Limousine owned by him to pick up passengers at a Taxicab Stand or to offer to pick up unscheduled passengers from a public place or to pick up passengers that have not pre-scheduled the Limousine service or to pick up passengers made known to that person by means of a two way radio. By-law Number 5630-14 Page 39 of76 13. No Limousine owner shall: (a) permit a Limousine not owned by him to be operated under the authority of his/her owner's License Plate; (b) permit a Limousine of the owner to be operated with mechanical defects; (c) operate a Limousine or permit a Limousine to be operated under this by-law without the owner's License Plate or sticker for that Limousine attached thereto; (d) affix or permit any person to affix any License, owner's License Plate or sticker issued pursuant to this by-law to any vehicle except the vehicle for which it was issued; (e) operate a Limousine or permit a Limousine to be operated which is not registered under this by-law; (f) allow or permit a Limousine to be operated when it is not clean, dry and in good repair as to its interior; (g) allow or permit a Limousine to be operated when the exterior is not clean or it has exterior body damage or rust; (h) display any name, address, telephone number or other form of identification or advertising on a Limousine other than that of the owner, provided such identification or advertising may not exceed three (3) inches in height and may only be located in the rear window of the Limousine, and no Limousine may be equipped with a roof light or roof sign or other form of advertising device; (i) operate or permit a Limousine to be operated for the purpose of providing a jitney service; U) operate or permit a Limousine to be operated with a two way radio; (k) operate or permit a Limousine to be operated as or in lieu of a Taxicab within the meaning of this by-law. 14. When a Licensed owner ceases to have a current and valid Ontario standard automobile insurance policy in good standing and properly endorsed in accordance with the provisions of this Schedule, the License shall be deemed to be suspended as of the date on which the cessation of insurance came to the attention of the Licensing Officer, and the License shall only be reinstated on there being delivered to the Licensing Officer, written proof of insurance in accordance with the provisions of the Schedule. 15. When the Licensed owner has a License suspended under Section 14 of this Schedule, the owner shall forthwith remove the owner's License Plate and return the owner's License Plate and the License to the Licensing Officer. 16. When a Licensed owner cancels the current insurance before the expiry date of the policy, the owner must produce a certificate of newly acquired insurance, or return the owner's License Plate and the License to the Licensing Officer on the date and time of the cancellation. 17. All insurance renewal policies or certificates of insurance shall be filed with the Licensing Officer five (5) days prior to the expiry date of any current insurance policy. 18. An owner that wishes to replace a vehicle that is Licensed to be used as a Limousine, before using such replacement vehicle as a Limousine, shall: By-law Number 5630-14 Page 40 of 76 (a) provide, to the Licensing Officer, the his/her/its owner License and the following with respect to the replacement vehicle: (i) proof of vehicle registration with the MTO that is in good standing and in the name of the holder of the owner's License or, in the case of a vehicle that is being leased, in the name of the lessor together with a copy of any associated lease agreement; (ii) proof of automobile insurance that is compliance with the requirements of this Schedule; (iii) safety standard certificate dated within thirty (30) days of submission; (iv) any other documents requested by the Licensing Officer at his/her discretion; (b) submit such replacement vehicle for inspection by the Licensing Officer and such vehicle shall not be used as a Taxicab prior to being approved for use a Taxicab by the Licensing Officer; (c) pay any prescribed fee set out in Schedule "A" of this By-law. 19. When the Licensed owner meets all the requirements of Section 18 of this Schedule, the vehicle shall be deemed to be registered and the former vehicle for which the License has been issued is deemed to be no longer registered. 20. No person shall operate or permit to be operated under the owner's License, a vehicle which is of a model year older than five (5) years calculated from the first day of January of the model year. 21. Notwithstanding the provisions of the foregoing section, an owner may make written request to the Licensing Officer, for an extension on the model year provided the vehicle conforms in all other respects with the requirements of this by-law and for vehicles over (5) five model years old, the Licensing Officer may require a valid Safety Standard Certificate, issued under the Highway Traffic Act, as amended, by a mechanic designated by the Licensing Officer within thirty (30) days prior to the date of application on the form provided by the Licensing Officer. 22. The Licensing Officer shall give notice to the Licensed Limousine owner of two (2) inspections a year for each Limousine owned. One such inspection shall be completed in conjunction with the annual renewal of the owner's License in April of each year and the second shall occur on or before the 31st of October in each year. 23. Upon receipt of a notice of inspection under the foregoing section, each Licensed owner or agent shall attend with the vehicle at the appointed time and place and shall bring a Safety Standard Certificate issued under the Highway Traffic Act, as amended, within thirty (30) days prior to the inspection date. 24. When a Limousine has been inspected in relation to vehicle approval within thirty (30) days of the date set out in the notice of mandatory inspection, the Limousine owner shall not be required to have the vehicle re-inspected as required by the notice, but this section does not affect any other inspection required pursuant to this by-law. 25. Every Limousine powered by propane fuel shall have an inspection certificate, which is satisfactory to the Licensing Officer, filed with the Licensing Officer for each new or renewal License as well as at the time of inspections of the vehicle 26. When the Licensed Limousine owner disposes of or otherwise ceases to use as a Limousine a registered vehicle, the owner shall immediately remove from the said vehicle being disposed of all items which make the vehicle appear to the public to be a Limousine. :-.: .. .:.· .... •-. , .... -.;.,,, By-law Number 5630-14 Page 41 of76 27. Every driver of a Limousine shall: (a) at all times while driving a Limousine display an identification card issued by the Licensing Officer, which shall include a photograph at a place within the Limousine so that the card is visible to passengers using the Limousine; (b) at all times while driving a Limousine and at all times while on duty serving the public, wear in a prominent place on the outside of clothing so that it is visible when approaching the public, an identification card issued by the Licensing Officer, which displays the driver's photograph, name, driver's License number and year of License issue; (c) upon the request of any passenger, or when there is any complaint or any dispute about the Fare, give in writing, on the form prescribed by the Licensing Officer the name, Limousine License number, vehicle number, the amount of the Fare, the name and address of the owner of the Limousine and the telephone number of the Town; (d) carry a valid Ontario driver's license at all times when operating a Limousine; (e) punctually keep all appointments and engagements and shall not make any appointment if a previous engagement would prevent the driver from fulfilling it; (f) be at liberty to refuse to serve any person who: (i) is intoxicated or disorderly; (ii) refuses to give the destination; (iii) is in possession of an animal, other than a guide dog serving a blind person or a service animal serving someone with a disability; (iv) is eating or drinking any food or beverage; (v) has not paid a previous Fare or cancellation fee; (vi) is, in the opinion of the driver, unable or unwilling to pay the anticipated Fare and has been unable to satisfy the driver that he has the funds to pay such Fare; or (vii) refuses to extinguish a cigarette, cigar or pipe; (g) render such assistance as may be necessary so that any passenger may enter or leave the Limousine, unless assistance of more than one (1) person is required to effect the entry or discharge of the passenger and no driver shall be required to carry any person requiring assistance; (h) be civil and behave courteously; (i) be properly dressed, well groomed, neat and clean in personal appearance and shall be appropriately dressed in a uniform or business attire; Q) each day, before commencing driving, inspect the Limousine for interior and exterior cleanliness and for any mechanical defects or interior or exterior damage and shall report forthwith any defects or damage found to the owner of the Limousine; (k) while operating the Limousine, maintain the interior of the Limousine in a clean condition and good repair; _ ... , .• -<--~-·-----·---'-' ------------•. By-law Number 5630-14 Page 42 of 76 (I) report, each day, upon completion of the operation of the Limousine, all defects in the Limousine to the owner; (m) take due care of all property delivered or entrusted to the driver and accepted for the conveyance or safekeeping and immediately upon termination of any hiring engagement, shall search the Limousine for any property lost or left therein. All property or money left in the Limousine shall forthwith be delivered to the nearest Police station. 28. No person may be a driver of a Limousine that is equipped with a meter for registering distance traveled or computing Fares to be paid. 29. No driver may charge a Fare for a Limousine service based on any calculation other than a flat rate or on an hourly basis and no driver may charge a Fare higher than the Fare quoted when the Limousine service is scheduled. 30. No driver may pick up passengers at a Taxicab Stand or offer to pick up unscheduled passengers from a public place or pick up passengers that have not pre-scheduled the Limousine service or pick up passengers made known to that person by means of a two way radio. 31. No Limousine driver shall: (a) carry liquor, wine or beer in any Limousine at any time provided that this paragraph shall not be intended to exclude the carrying of the liquor, wine or beer of any passenger who is a bona fide passenger in the Limousine; (b) smoke, or permit anyone to smoke, any pipe, cigar, cigarette or any tobacco products in any Limousine; (c) carry in a Limousine a greater number of passengers than is set out in the vehicle manufacturer's rating of seating capacity for such vehicle; (d) while waiting at any public place, (i) obstruct or interfere in any way with the normal use of the public place or interfere with the surrounding traffic patterns; (ii) make any loud noise or disturbance; (iii) be unable to observe the Limousine at all times; (iv) make repairs to the Limousine unless the repairs are immediately necessary; (e) take, consume or have in the driver's possession any alcohol, Drugs or intoxicants while he is in charge of a Limousine; (f) drive a Limousine which does not have an owner's License Plate affixed thereto; (g) drive a Limousine whose owner is not a Licensed Limousine owner; (h) permit a passenger to stand in a Limousine while the vehicle is in motion; (i) recommend hotels, restaurants or other like facilities unless requested to do so by the passenger; (j) operate a Limousine unless such vehicle: (i) is equipped with an extra tire wheel and jack ready for use for that vehicle; By-law Number 5630-14 Page 43 of76 (ii) meets the standards for the issue of a Safety Standard Certificate of mechanical fitness; (iii) is clean, dry, free from debris and in good repair as to its interior; (iv) is clean and in good repair as to its exterior, free from rust and/or exterior body damage and with a well maintained exterior paint finish; (k) induce any person to engage the vehicle by any misleading or deceiving statement or representation to that person about the location or distance of any destination named by that person; (I) display any name, address, telephone number or other form of identification or advertising on a Limousine other than that of the owner, provided such identification is in a form and location satisfactory to the Licensing Officer in relation to being in keeping with the character of the Limousine as a luxury motor vehicle, and no Limousine may be equipped with a roof light or roof sign or other form of advertising device; (m) operate or permit a Limousine to be operated for the purpose of providing a jitney service; (n) operate or permit a Limousine to be operated with a two way radio; (o) operate a Limousine without a valid Ontario driver's license. 32. The Licensing Officer may, at any time, in the public interest, require a driver to provide a certificate, prepared by a duly qualified medical practitioner, attesting as to whether or not the Limousine driver is physically fit and able to operate a Limousine. 33. When a Licensed Limousine driver has had the Ontario driver's license suspended, cancelled or revoked, or where such license has expired, the driver's License issued under this Schedule shall be deemed to be suspended as of the date of suspension, cancellation or revocation of the province of Ontario driver's license and the driver shall immediately return to the Licensing Officer the License issued under this Schedule. 34. If at any time the Limousine driver's photograph is not a reasonable likeness of the driver because of physical changes, the passage of time or poor quality photography, the Licensing Officer may require that the driver attend at the Town offices to supply another photograph. By-law Number 5630-14 SCHEDULE10 Mobile Sign Installers Page 44 of76 1. No person shall carry on the business of leasing Mobile Signs in the Town or locate or permit the location of their Mobile Signs in the Town except in accordance with the provisions of this by-Law. 2. No person shall carry on the business of leasing Mobile Signs in the Town or locate or permit the location of their Mobile Signs in the Town unless such person has obtained and abides by the terms and conditions of the Sign By-Jaw and any associated permit for such a sign. 3. Every person who applies for a License shall provide to the Licensing Officer in a form that is satisfactory: (a) the name and address of the Applicant and the location where the Applicant's Mobile Signs are stored; (b) any information required any applicable Sign By-law; (c) any other information or documentation that is deemed necessary in the opinion of the Licensing Officer for the proper consideration of applications and for the proper administration of licenses to be issued pursuant to this Schedule. 4. It shall be a condition of any License issued pursuant to this Schedule that the Applicant conform with the terms and conditions relating to the permits for specific Mobile Signs issued to the Applicant pursuant to any applicable Sign By-Jaw. -----------------.. ___ , __ :_:,,_:..:::-_______ . By-law Number 5630-14 SCHEDULE 11 Refreshment Vehicles and Vendors Page 45 of76 1. Notwithstanding the provisions of this by-law, authorized representatives of a recognized non-profit charitable or religious organization may sell refreshments and may own or operate Refreshment Vehicles without reference to the provisions of this by-law provided such charitable entity does not sell refreshments or operate a Refreshment Vehicle in Town parks without first obtaining a permit therefor from the Director of Parks & Recreation Services Department. 2. No License shall be issued where the issuance thereof would result in the total licenses issued exceeding the maximum number provided for as follows: (a) Motorized Refreshment Vehicles -20 (b) Refreshment Carts -10 (c) Refreshment Bicycles - 1 0 3. If any member of a partnership applying for a License is a corporation, such corporation shall be deemed to be applying for an owner's License in place of the partnership. 4. No person shall own or permit the operation of a Motorized Refreshment Vehicle: (a) without maintaining at all times on the Refreshment Vehicle a current permit and license plate for that vehicle issued pursuant to the Highway Traffic Act, as amended, and a driver's license and proof of insurance in relation to the conduct of said vehicle; (b) unless such vehicle meets the standards required for approval under an MTO Vehicle Inspection or that meets the standards for a Safety Standards Certificate issued under the Highway Traffic Act, as amended; (c) without reporting to the Licensing Officer all accidents involving such Refreshment Vehicle which at law involve the attention or attendance of a police officer within seventy-two (72) hours of each accident and, if so requested, providing such vehicle to the Licensing Officer for inspection; (d) without installing and maintaining a back-up safety signalling device on the vehicle. 5. No person shall own or permit the operation of a Motorized Refreshment Vehicle that sells or offers for sale any products other than Dairy and Related Products: (a) in any area that is zoned for residential land uses within the meaning of the Zoning By-law or from any street abutting such a residential area; or (b) from any public highway; 6. Notwithstanding the provisions of Section 5 of this Schedule, a Motorized Refreshment Vehicle may sell products other than Dairy and Related Products from private residential land, provided there is a dwelling under construction on such lands and provided the Refreshment Vehicle does not remain in one place for longer than five (5) minutes. 7. No person may own or operate a refreshment bicycle or refreshment cart that: (a) has a length in excess 2 metres or a width in excess of 1.04 metres or a height in excess of 1.49 metres, with the exception of a refreshment bicycle or refreshment cart that sells refreshments from Town parks, ''' ~ ... ··--·------- By-law Number 5630-14 Page 46 of76 which vehicles may not have a length in excess of 5 metres or a width in excess of 3 metres or a length in excess of 3.5 metres; (b) is affixed or is designed to be affixed to any external source of electricity or propane; or (c) is operated or is designed to be operated in conjunction with seating units provided by the vendor or the owner of such Refreshment Vehicle for use by purchasers of refreshments. 8. With the exception of refreshment bicycles selling only Dairy and Related Products, no refreshment bicycles or refreshment carts may sell from public highways in the Town. 9. No person may own or operate a refreshment cart that is a trailer within the meaning of the Highway Traffic Act, as amended, unless such vehicle is road worthy and meets the standards required for approval under an MTO Vehicle Inspection or that meets the standards for a Safety Standards Certificate issued under the Highway Traffic Act, as amended. 10. No person may sell refreshments or own or permit the operation of a Refreshment Vehicle except in accordance with the provisions of this by-law and all other applicable by-laws of Council or Federal or Provincial legislation. 11. No person shall sell refreshments from or own or operate a Refreshment Vehicle on privately owned land for a period of time that is longer than five (5) minutes unless such land is zoned for commercial uses within the meaning of the Zoning By-law and such person has provided to the Licensing Officer in advance, permission in writing from the registered owner of such lands. 12. No person may sell refreshments from or own or operate a Refreshment Vehicle at a single location for longer than fifteen (15) minutes within ten (10) metres of any highway in the Town. 13. No person may sell refreshments from or own or operate a Refreshment Vehicle from vacant land in the Town. 14. No person may sell or offer for sale any refreshments from any Refreshment Vehicle or own or operate any Refreshment Vehicle on the public highways or any part thereof except in accordance with the provisions of the Highway Traffic Act, as amended. 15. No person may sell refreshments from or own or operate any Refreshment Vehicle on property owned by the Town that is not a public highway except with advance written permission of the Director of Parks & Recreation Services Department. 16. No person may sell refreshments or own or operate a Refreshment Vehicle except between the hours of sunrise of any day and 11:00 p.m. of the same day, unless a later time is specified on the License in relation to a specified event. Notwithstanding the foregoing, no person may sell or own or operate a Refreshment Vehicle on the highway adjacent to land zoned for residential uses later than 9:00 p.m. in the evening. 17. No owner of a Refreshment Vehicle may permit any person to sell refreshments from any Refreshment Vehicle owned by him unless such person is Licensed pursuant to this by-law. 18. No person shall sell refreshments while: (a) under the influence or having consumed or having in his possession any alcohol, Drugs, (other than drugs prescribed by a duly qualified medical practitioner and which do not and may not impair his ability to operate the vehicle) or other intoxicants; By-law Number 5630-14 Page 47 of76 (b) buying or selling or acting as an agent of a person in buying or selling alcohol, drugs or intoxicants or giving information as to where illicit intoxicants or drugs may be obtained. 19. Every vendor of refreshments shall deal in a civil and courteous manner with the public. 20. Every vendor of refreshments shall provide to the Licensing Officer, upon request, a certificate prepared by a duly qualified medical practitioner attesting as to the fact that the said vendor is free from all contagious diseases. 21. No person may sell refreshments without wearing in a prominent location upon his person the identification badge issued pursuant to this by-law. 22. Every vendor of refreshments shall, upon the request of the Licensing officer or the police produce his identification badge and License certificate issued pursuant to this by-law. 23. No person shall sell or handle refreshments without wearing clean clothes and maintaining clean hands at all times. 24. No person shall own or permit the operation of a Refreshment Vehicle except in accordance with the following regulations: (a) Refreshment Vehicles that dispense hot refreshments shall be equipped to maintain such refreshments at a temperature approved by the Medical Officer of Health; (b) adequate refrigeration as determined by the Medical Officer of Health shall be equipped and maintained in each Refreshment Vehicle for perishable refreshments that are required to be kept refrigerated; (c) the date of preparation shall be clearly and legibly marked on or affixed to the wrapper of each prepared non-liquid refreshment, including but not limited to sandwiches, hamburgers and hot dogs and refreshments shall only be wrapped and sold in individual packages; (d) the body, doors and windows of each Refreshment Vehicle shall be of sufficiently sound construction to protect the refreshments against the intrusion of dust, dirt, flies and other injurious matters or things; (e) the floor of such Refreshment Vehicle shall be of a suitable impervious material, free of holes, cracks or crevices, and the surface thereof shall be readily washable and shall be kept clean and in good condition; (f) the Refreshment Vehicle and all parts and equipment thereoffor use in the dispensing of refreshments shall at all times be kept in a clean and sanitary condition and in good repair; (g) every Refreshment Vehicle shall be equipped with a refuse container with a self-closing lid, which shall be kept in a clean and sanitary condition and emptied at least once daily and such container shall be used for the disposal of all refuse; (h) every refuse container shall be located in such a position on the Refreshment Vehicle so as to be easily accessible by persons making purchases while the Refreshment Vehicle is stopped; (i) milk, cream, sugar and all condiments shall be in single service containers only; 0) only disposable forks, knives, spoons, cups, plates and serviettes shall be used; and By-law Number 5630-14 Page 48 of76 (k) every Refreshment Vehicle and the equipment thereon that is used in connection with the sale of hot refreshments shall be approved by the Central York Fire Services Department, or other applicable fire service department in the Town that is acceptable to the Licensing Officer, in relation to standards which shall meet or exceed the standards of the National Fire Protection Association respecting vehicles and equipment used for such purpose. 25. No person may own or permit the operation of a Refreshment Vehicle without having clearly and legibly painted or posted on both sides of the vehicle the name of the owner, which is endorsed upon the Refreshment Vehicle License and without affixing to such vehicle in a location approved by the Licensing Officer a License Plate, together with a validation sticker issued in connection to this by-law. 26. No person shall own or permit the operation of any Refreshment Vehicle in a manner that is contrary to any Town by-laws relating to noise and nuisance control or restrictions. 27. No person shall own or permit the operation of a Refreshment Vehicle without permitting the Licensing Officer or a police officer to inspect such Refreshment Vehicle to ensure compliance with that the provisions of this by-law. 28. No person shall own or permit the operation of a Refreshment Vehicle without providing to the Licensing officer or the police upon request all documentation issued in relation to such vehicle by the Town pursuant to this by-Law. 29. No person shall stop for the sale of refreshments within sixty (60) metres of a school or public park. By-law Number 5630-14 Page 49 of76 SCHEDULE12 Second Hand Goods, Pawn Shops and Salvage Yards 1. No person may be a Pawnbroker, a Second Hand Vendor or a Salvage Yard owner, or operate a pawn-brokerage, a second hand vending premise or a Salvage Yard, except in accordance with the following regulations: (a) no person may receive second hand goods from any person who is under the age of eighteen (18) years or from any person who appears to be under the influence of alcohol or illegal drugs; (b) no person may receive second hand goods from any person on a holiday, as defined in the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended or successor legislation thereof, for the purpose of this provision Sunday shall not be deemed to be a holiday, or between the hours of 9:00p.m. and 9:00a.m.; (c) no Pawnbroker, Second Hand Vendor, Salvage Yard owner/operator may permit any employee to work at a premise without first instructing such employee in the regulations of this by-law and ensuring that such employee complies with these regulations, additionally, every Pawnbroker, Second Hand Vendor and Salvage Yard owner shall be responsible for the acts or omissions of its employees in the carrying on of the sale of second hand goods and the business conducted from their premises in the same manner and to the same extent as though such acts or omissions were the acts or omissions of the Pawnbroker, Second Hand Vendor or Salvage Yard owner; (d) every Pawnbroker, every Second Hand Vendor and every Salvage Yard owner/operator shall keep their License certificate issued in respect of this by-law posted in a conspicuous place in their premises in a manner satisfactory to the Licensing Officer, at all times during the currency of the License; (e) no Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator may engage any employee for the purpose of acquiring or selling second hand goods without first providing the Licensing Officer with a police clearance letter relating to that employee and every Pawnbroker, Second Hand Vendor and Salvage Yard owner/operator shall keep a record of all persons employed by them for the purpose of acquiring or selling second hand goods; (f) in circumstances where a seller refuses to provide identification as required in this by-law, or where identifying features of the second hand goods presented by a seller have been removed or obliterated, or in other circumstances which might lead to the inference that the second hand goods have been stolen, the Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator shall not purchase such goods, shall attempt to ascertain the identity of the seller, if possible and would not put the safety or well-being of the anyone at the premises at risk, and shall contact the nearest police station as soon as it is practicable and safe to report such circumstances. 2. No Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator may receive any second hand good without first obtaining identification as required in this by-law. 3. For the purpose of identifying the seller, the Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator must be presented by the seller with at least two (2) pieces of identification and at least one piece of identification must be listed below and must be integrated with a photograph of the seller: (a) a valid driver's license; (b) a passport issued by the government of origin; By-law Number 5630-14 Page 50 of76 (c) a "Bring Your Identification Card" issued by the Alcohol and Gaming Control Commission; (d) a Certificate of Indian Status issued by the Government of Canada; (e) a Certificate of Canadian Citizenship issued by the Government of Canada; or (f) a Conditions Release Card issued by Correctional Services of Canada. 4. Where second hand goods are obtained by a Pawnbroker, a Second Hand Vendor or a Salvage Yard owner/operator from a garage sale, the recipient shall record the address of the garage sale. 5. Where second hand goods are obtained by a Pawnbroker, a Second Hand Vendor or a Salvage Yard owner/operator from an auction, the recipient shall record the name and address of the Auctioneer and, where such information is available, the name and address of the former owner of the goods being auctioned. 6. No Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator may receive any second hand goods without maintaining a record of the following information: (a) the day, month, year and time of the transaction; (b) the full name, sex, date of birth, address and approximate height and weight of the seller; (c) the full particulars of both pieces of the Seller's identification required to be presented pursuant to this Schedule; (d) a detailed description of each second hand good that is reasonably sufficient to identify it, including make, model, serial numbers, markings or other identifying features as applicable; (e) the price paid or the value of goods exchanged for the second hand good; and (f) the name of the employee who conducted the transaction. 7. In circumstances where the second hand goods consist of a number of related or similar materials in the nature of a collection, the Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator shall record the exact number of articles received and any identifying features of such goods. In circumstances where more than ten (10) such related or similar goods are received, the exact number of articles received shall be recorded and the identifying features of the ten (1 0) most valuable articles in the collection shall be recorded. 8. Where more than twenty (20) second hand goods are purchased by a Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator from any person as part of a single transaction, which second hand goods do not consist of a number or collection of related or similar materials, notwithstanding the provisions of 6(d), a Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator shall not be required to record a detailed description of each second hand good for which he/she paid less than ten ($1 0.00) and shall not be required to record a detailed description of each second hand good that is offered by the Pawnbroker, Second Hand Vendor or Salvage Yard owner/operator for re-sale at less than thirty ($30.00) dollars. 9. In circumstances where a system is in place with the York Regional Police for the automated recording of transactions in second hand goods and where the annual number of transactions in second hand goods occurring at any Premise exceeds five hundred (500), which transactions shall include acquisitions or dispositions of such goods, the Licensing Officer may require a licensee to subscribe to and pay all costs associated with maintaining an automated recording of such transactions in a manner which communicates with the system maintained by the York Region Police. By-law Number 5630-14 Page 51 of76 10. Notwithstanding section 9 of this Schedule, where store owners are not required to be automated because of their volume of purchases, such store owners shall forward a record of their transactions on a weekly basis to the nearest York Regional Police station by 10 a.m. of each Monday. 11. No Pawnbroker or Second Hand Vendor may sell, exchange, alter, melt or otherwise dispose of any second hand good within the earlier of thirty (30) days from the date of obtaining possession thereof or thirty (30) days after providing an automated transaction record relating to such second hand good as required in this Schedule and, during this period, such goods shall be kept in the premise used by the Pawnbroker or Second Hand Vendor for the sale of second hand goods and shall be separate from and not commingled with other second hand goods in the same premises. 12. No person may own or operate a Salvage Yard in contravention of any federal, provincial or any other applicable law, including the Zoning By-law and other Town by-laws. 13. Every Pawnbroker, every Second Hand Vendor and every Salvage Yard owner/operator shall during the regular operating hours of the Premise and at all times when second hand goods are provided therein make available for inspection by the Licensing Officer, a Provincial Offences Officer or a peace officer, the original of any document or record referred to in this by-law and shall provide a photocopy thereof upon request. 14. Every Pawnbroker, every Second Hand Vendor and every Salvage Yard owner/operator shall, at all times during the regular operating hours of the premise and at all times when second hand goods are provided therein, permit the entry by and the inspection of the premise and of the second hand goods by the Licensing Officer, a Provincial Offence Officer or a peace officer, together with such other persons who may be necessary to identify potentially stolen second hand goods. 15. In circumstances where a peace officer suspects that specified second hand goods were stolen, the peace officer shall be entitled, upon providing a receipt therefor, to remove such second hand goods for the purpose of criminal investigation, provided such second hand goods are either returned within sixty (60) days or further retained by means of a Court Order. 16. No person may obstruct or hinder the entry or the inspection by the Licensing Officer, a Provincial Offences Officer or a peace officer. By-law Number 5630-14 Page 52 of76 SCHEDULE13 Brokers, Drivers and Owners of Taxicabs Maximum Number of Licenses 1. The Licensing Officer may not issue more than one Taxicab Owner's License for each one thousand five hundred (1 ,500) persons residing in the Town. 2. No person, acting alone or in concert with a subsidiary, affiliate or partnership, may dispatch, hold or control more than two-thirds (2/3) of the Town's total Owner's Licenses available. Any Accessible Taxicab Licenses issued under this by-law shall not be counted towards determining the share of License ownership in the Town. 3. In addition to the Taxicab Owners' Licenses that may be issued pursuant to this by-law, the Licensing Officer may issue one (1) Accessible Taxicab License per every ten-thousand (1 0,000) persons, or a major part thereof, residing within the Town limits. General Licensing Requirements 4. Every application for a License, or the renewal thereof, shall be delivered to the Licensing Officer, or a designated representative. 5. The Licensing Officer may, at any time, require an Applicant for a Taxicab Driver License or a Licensed Taxicab driver, if the Licensing Officer believes that it may be in the public interest, to provide a certificate, prepared by a duly qualified medical practitioner, attesting as to whether or not the Applicant or Licensee is physically fit and able to operate a Taxicab. 6. If, at any time, the photograph of a Taxicab driver is not a reasonable likeness of the driver because of physical changes, the passage of time or poor quality of the photograph, the Licensing Officer may require that the Driver provide another photograph to the Town. 7. No vehicle Licensed to operate as a Taxicab, or Licensed to provide a similar type of service, in a municipality other than the Town may be Licensed as a Taxicab under this by-law. Taxicab Owner License 8. No person shall be Licensed with an Owner License unless: (a) he/she/it provides, upon initial application and every License renewal and at any time upon request by the Licensing Officer, in relation to the vehicle subject to the Application, proof of vehicle registration with the MTO in the form of a vehicle permit that is in good standing and in the name of the Applicant on both the vehicle and plate portion of the vehicle permit or, in the case of a vehicle that is being leased by the Applicant, in the name of the lessor in the vehicle portion and in the name of the Applicant in the plate portion of the vehicle permit together with a copy of any associated lease agreement; (b) he/she/it provides, upon initial application and every License renewal and at any time upon request by the Licensing Officer, a certified copy of a current policy of insurance from a recognized insurance company in relation to the operation of the Taxicab subject to the application insuring the owner and any Taxicab operator for property damage, personal injury or death to any one person in the sum of not less than two-million ($2,000,000.00 CAD) Canadian Dollars and such policy shall contain a provision for passenger hazard or third party liability for not less than the foregoing amount, such policy shall also be endorsed to the effect that the Town shall be given thirty (30) days prior written notice of any cancellation, expiration or variation in the amount of the policy; •'• -,. ·---·----.·----~----··"···«~· ·-. _. ----,_.,_·,.: .... By-law Number 5630-14 Page 53 of76 (c) he/she/it submit, upon initial application and every License renewal and any time other time required pursuant to this by-law, the vehicle that is to be Licensed for inspection by the Licensing Officer and the vehicle is approved by the Licensing Officer for use as a Taxicab prior to using such vehicle as a Taxicab; (d) he/she/it submit, upon initial application and every License renewal and any time other time required pursuant to this by-law, a safety standard certificate for the vehicle that is to be Licensed, which certificate is satisfactory to the Licensing Officer and dated within thirty (30) days of submission; (e) the Taxicab for which the License is to be issued meets all the requirements of this by-law .. Taxicab Owner Responsibilities 9. Every person operating a Taxicab under an Owner License shall: (a) Keep at all times in the Taxicab, the original, or a photocopy of the original, of each of the following documents: (i) current registration of the Taxicab with the MTO; (ii) current Owner License issued under this by-law; and (iii) certificate of liability insurance for the Taxicab, as required by this by-law. (b) Have in or on the Taxicab: (i) the Taxicab Plate assigned to the Taxicab firmly affixed to the rear bumper, or at a location and in a manner approved by the Licensing Officer; (ii) the markings and equipment required by this Schedule; (iii) affixed, in a holder, or at a location and in a manner approved by the Licensing Officer: (1) the current Tariff Card, (2) the number of the Taxicab Plate; (3) a notice advising passengers of the grounds for refusing to accept a Fare as set out in this by-law; (4) a notice advising passengers that complaints may be made to the Licensing Officer at a telephone number provided by the Licensing Officer; and (5) such other information as may be required by the Licensing Officer from time to time; (iv) a Taxicab meter of a type approved by the Licensing Officer and sealed by the Licensing Officer and mounted in a position approved by the Licensing Officer so that it is clearly visible to the passengers in the front and rear seats of the Taxicab. (c) Employ or use only the services of drivers who are Licensed under this by-law to operate Taxicabs as drivers. (d) Provide the Licensing Officer and, where applicable, any Broker with whom the Owner may be associated, with the name of any and all drivers operating said Taxicab within seventy-two (72) hours of the time when any such drivers commenced to operate the said Taxicab. (e) Repair any mechanical defect in the vehicle that is reported or comes to his/her/its attention. By-law Number 5630-14 Page 54 of76 (f) Subject to the provisions of this by-law, ensure that any Taxicab shall be in service a minimum of twelve (12) hours daily for at least five (5) days during any ten (1 0) day period. 10. No person operating a Taxicab under an Owner License shall: (a) Operate or permit to be operated any vehicle as a Taxicab that is not registered under this by-law under an Owner License. (b) Operate a Taxicab, or permit to be operated, a Taxicab without the Taxicab Plate assigned to such Taxicab. (c) Operate, or permit any person to operate, any vehicle as a Taxicab under a License or Taxicab Plate issued pursuant to this by-law other than the vehicle to which such License or Plate was assigned. (d) Affix, or permit any person to affix, any License or Taxicab Plate issued pursuant to this by-law to any vehicle other than the vehicle to which such License or Taxicab Plate was assigned. (e) Permit his/her/its Taxicab to be operated with mechanical defects. (f) Allow or permit a Taxicab to be operated when it is not clean, not dry or if its interior is not in good repair. (g) Allow or permit a Taxicab to be operated when its exterior is not clean or it has exterior body damage or rust. (h) Operate or permit a Taxicab to be operated in affiliation with a Taxicab Broker who is not Licensed under this by-law. (i) Display or permit the display of any sign, emblem, decal, ornament or advertisement, on or in the Taxicab, except as required under this by- law or approved by the Licensing Officer. U) Operate or permit a Taxicab to be operated unless a Taxicab meter is installed, which meter complies with the requirements of this by-law and has been tested and sealed by the Town. (k) Operate or permit a Taxicab to be operated for the purpose of transporting children to or from schools, except in compliance with the provisions of this by-law. (I) Operate or permit a Taxicab to be operated for the purpose of providing a jitney service. 11. Every person operating a Taxicab under an Owner License who ceases to work through a Broker shall: (a) remove from the vehicle the roof light, radio equipment and telephone number of such Broker; (b) change and remove from the vehicle the colour scheme and all decals or other Taxicab brokerage markings of such Broker; (c) return to the Broker that the Owner is leaving, all business cards, promotional material and other equipment belonging to that Broker Taxicab Driver License 12. No person shall be Licensed with a Taxicab Driver License unless: (a) he/she holds and provides, upon initial application and every License renewal and at any time upon request by the Licensing Officer, to the .. ' .. ; -: .. --'~:~:.c ..• By-law Number 5630-14 Page 55 of 76 Licensing Officer proof that he/she holds a valid and current class "G" driver's license issued by the Government of Ontario; (b) he/she provides the Licensing Officer, upon initial application and every License renewal and at any time upon request by the Licensing Officer, with records of the licensee's or Applicant's driving, licensing and accident history supplied by the MTO that are to the satisfaction of the Licensing Officer; (c) he/she provides proof satisfactory to the Licensing Officer that he/she is at least eighteen (18) years of age at the time of initial Application; (d) he/she provides proof satisfactory to the Licensing Officer that he/she is a Canadian citizen, permanent resident or otherwise holds a valid visa or permit that allows such person to be legally employed in Canada; (e) he/she holds an Owner License or provides, upon initial application and every License renewal and at any time upon request by the Licensing Officer, a letter to the Licensing Officer dated within ninety (90) days of the date of Application or request from a prospective employer who holds an Owner's License declaring the intention of such employer to engage the Applicant as a Taxicab driver or a letter to the Licensing Officer from a current employer confirming ongoing employment as a Taxicab driver; (f) he/she provides the Licensing Officer, upon initial application and every License renewal and at any time upon request by the Licensing Officer, a certificate signed by a duly qualified medical practitioner, which is satisfactory to the Licensing Official and dated within ninety (90) days of the date of application or request by the Licensing Officer, declaring the Applicant/driver to be fit and able to operate a Taxicab; (g) he/she provides to the Licensing Officer, upon initial application and every License renewal and at any time upon request by the Licensing Officer, a Police Vulnerable Sector Check to the sole satisfaction of the Licensing Officer that is dated within ninety (90) days prior to the date of the initial application, applicable renewal or request; (h) he/she attains at least seventy-five percent (75%) on a written test set out by the Licensing Officer, which test will relate to the following: i) the provisions of this By-law, the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended or successor legislation, and the rules of the road; ii) the geography of the Town and the surrounding area; iii) the use of a street guide; and iv) the location of specific sites, such as public transportation terminals, shopping centres, recreation facilities and medical centres; which test cannot be written by any person more than once in any five (5) business day period. (i) he/she attends and successfully completes a training course and examination provided by the Town on accessible customer service. Taxicab Driver Responsibilities 13. Every person Licensed under a Taxicab Driver License shall: (a) at all times while driving a Taxicab display, at a place within the vehicle so that the card is visible to passengers using the Taxicab, keep an identification card which shall include a photograph of the driver; .. ·---<~~:._,:·: . By-law Number 5630-14 Page 56 of76 (b) at all times while driving a Taxicab and at all times while on duty serving the public, wear in a prominent place on the outside of clothing, so that it is visible when approaching the public, an identification card which displays the driver's photograph, name, Taxicab Driver License number and year of issue; (c) upon the request of any passenger, or when there is any complaint or any dispute about the Fare, give in writing, on the form prescribed by the Licensing Officer the name, Taxicab Driver License number, Taxicab Owner License number, Taxicab Plate number, name and address of the Owner, the amount of the Fare and the telephone number of the Town; (d) carry an Ontario driver's license at all times when operating a Taxicab; (e) punctually keep all appointments and engagements and shall not make any appointment if a previous engagement would prevent the driver from fulfilling it; (f) unless a Taxicab has been previously engaged, whether day or night, serve the first person who may require the service of a Taxicab, and if the driver claims to have a previous engagement, the driver shall upon demand, give the time and place of such engagement, except in the event that the driver has a disability, impairment or allergy and is unable to service the passenger by reason of such disability, impairment or allergy, in which event the driver shall make proper arrangements for the servicing of that passenger before proceeding to the next engagement; (g) notwithstanding paragraph (f), be at liberty to refuse to serve any person who: (i) is intoxicated or disorderly; (ii) refuses to give the destination; (iii) is in possession of an animal, other than a guide dog serving a blind person or a service animal serving someone with a disability; (iv) is eating or drinking any food or beverage; (v) has not paid a previous Fare or cancellation fee; (vi) is, in the opinion of the driver, unable or unwilling to pay the anticipated Fare and has been unable to satisfy the driver that he has the funds to pay such Fare; or (vii) refuses to extinguish a cigarette, cigar or pipe; (h) render such assistance as may be necessary so that any passenger may enter or leave the Taxicab, unless assistance of more than one (1) person is required to effect the entry or discharge of the passenger and no driver shall be required to carry any person requiring assistance; (i) be civil and behave courteously; U) be properly dressed, well groomed, neat and clean in personal appearance; (k) drive the Taxicab operated by the driver in the most direct travelled route to the point of destination unless otherwise directed by the passenger; (I) keep in the Taxicab a current street guide or map, or an electronic device that serves as a guide or map, of the Town and surrounding area satisfactory to the Licensing Officer; By-law Number 5630-14 Page 57 of76 (m) turn off any radio or any other sound producing electronic or mechanical device in the Taxicab and turn down the volume of any two- way radio system upon being requested to do so by any passenger and, having done so, leave such devices in the off or turned down position until termination of the trip with the requesting passenger; (n) each day, before commencing driving, inspect the Taxicab for interior and exterior cleanliness, any mechanical defects and interior or exterior damage and report forthwith any defects or damage found to the person holding the Owner License for such Taxicab; (o) while operating the Taxicab, maintain the interior of the Taxicab in a clean condition and good repair; (p) report, each day, upon completion of the operation of the Taxicab, all defects in the Taxicab to the Owner of such Taxicab; (q) take due care of all property delivered or entrusted to him/her and accepted for the conveyance or safekeeping by a passenger and, immediately upon termination of any hiring engagement, search the Taxicab for any property lost or left therein; all property or money left in the Taxicab shalf forthwith be delivered to the nearest police station; (r) keep a daily Trip Sheet showing, for each Taxicab vehicle the driver operates: (i) a record of all trips made by a Taxicab that day; (ii) the name of the Taxicab driver(s) that operated the vehicle; (iii) the meter readings at the start and finish of each working period; (iv) the date, time and location of the beginning and the termination of each trip; (v) the amount of the Fare collected for each trip recorded on the taxi meter; and (vi) the MTO license plate number of the Taxicab; (s) retain all Trip Sheets for a least twelve (12) months and make them available for inspection at the request of the Licensing Officer, or a Provincial Offences or Police Officer; (t) engage the Taxicab meter at the commencement of the trip and keep it engaged throughout the trip, except where the trip's destination is outside the Town's municipal boundaries, in which case the driver shalf charge a flat rate agreed upon by the driver and passenger for the portion of the trip outside of Town municipal boundaries; (u) at the conclusion of a trip, place the Taxicab meter in the time-off status and after payment, place the meter in the vacant status; (v) enter a Taxicab Stand by taking a position at the end of any line formed by any Taxicabs already on the stand. 14. No driver of a Taxicab shalf: (a) carry liquor, wine or beer in any Taxicab at any time provided that this paragraph shalf not be intended to exclude the carrying of the liquor, wine or beer of any a bona fide passenger in the Taxicab that is carried or placed in a Taxicab in accordance with any applicable law; (b) smoke, or permit anyone to smoke, any pipe, cigar, cigarette or any other tobacco or similar product in a Taxicab; (c) carry any passenger, other than paying passengers, while the vehicle is being used as a Taxicab or while on duty; . ... . ._ ........... : '" ........ _.!:·; ~ ~-:~. •. - By-law Number 5630-14 Page 58 of76 (d) carry in a Taxicab a greater number of passengers than is set out in the vehicle manufacturer's rating of seating capacity for such a vehicle; (e) while waiting at a Taxicab Stand or any other public place, (i) obstruct or interfere in any way with the surrounding traffic patterns or the normal use of the Taxicab Stand or public place; (ii) make any loud noise or disturbance; (iii) be unable to observe the Taxicab at all times; (iv) make repairs to the Taxicab, unless the repairs are immediately necessary; (f) pick up any passenger within sixty (60) meters of a Taxicab Stand when there are one or more Taxicabs upon such stand unless, (i) an arrangement has been previously made with the passenger to be picked up at that location, or (ii) the passenger exhibits a preference for the Taxicab of such driver and the chosen Taxicab driver notifies the driver of the first Taxicab on the Taxicab Stand; (g) drive a Taxicab with luggage or any object placed in, hung on, or attached to the vehicle in such a manner as will obstruct his/her view of the highway; (h) take, consume or have in the driver's possession any alcohol, Drugs or intoxicants while he is in charge of a Taxicab for which one is the driver; (i) use any Tariff Card, other than one obtained from the Licensing Officer, or remove, exchange, lend or otherwise dispose of the Tariff Card; Q) take on any additional passengers after the Taxicab has departed with one or more passengers from any one starting point, except under the following circumstances: (i) when done at the request of the passenger already in the vehicle; (ii) in an emergency situation; or (iii) when operating a vehicle which is being used exclusively for the transportation of children to and from school or for the transportation of disabled persons; (k) drive a Taxicab which does not have a Taxicab Plate affixed thereto; (I) drive a Taxicab that is not Licensed with an Owner's License; (m) permit a passenger to stand in a Taxicab while the vehicle is in motion; (n) recommend hotels, restaurants or other like facilities unless requested to do so by the passenger; (o) be required to accept any order when the expenditure of money by the driver is required on behalf of the passenger; (p) be required to provide change for any note larger than twenty ($20.00) dollars unless the Fare is at least one-half (1/2) of the value of the said note; (q) operate a Taxicab when the meter has not been adjusted in accordance with the current rates set out in this by-law, or when the operation of the meter has not been approved by the Licensing Officer; (r) operate a Taxicab when the Taxicab meter does not operate properly; --' ___ ._;,~ .. ::,i: '-.. By-law Number 5630-14 Page 59 of76 (s) operate a Taxicab when the Taxicab meter seal is improperly affixed; (t) operate a Taxicab without a Taxicab Plate, side and rear numbers and roof light as required by the provisions of this by-law; (u) operate a Taxicab unless such vehicle, (i) is equipped with an extra tire wheel and jack ready for use for that vehicle; (ii) meets the standards for the issuance of a Safety Standard Certificate of mechanical fitness; (iii) is clean, dry, free from debris and in good repair as to its interior; (iv) is clean and in good repair as to its exterior, free from rust and/or exterior body damage and with a well maintained exterior paint finish; (v) induce any person to engage the Taxicab by any misleading or deceiving statement or representation to that person about the location or distance of any destination named by that person; (w) induce or permit any person to engage his/her Taxicab when he/she is aware that another Taxicab has been dispatched to pick up that person, unless the passenger exhibits a preference for the Taxicab of such driver and such chosen driver notifies the other Taxicab driver who has been dispatched; (x) have in a Taxicab or on the driver while on duty, the use of any device capable of scanning two-way radio calls; (y) subject to the provisions of this by-law and except for a tip, gratuity or credit card service charge, recover or receive any Fare from any passenger or persons who had demanded the services, which is greater than the Fare authorized by this by-law; (z) recover or receive any Fare or charge from any person to whom the driver has refused to show the Tariff Card; (aa) make any charge for time lost through defects or inefficiency of the Taxicab or the incompetence of the driver; (bb) make any charge for the time elapsed due to early arrival of the Taxicab in response to a call for the vehicle to arrive at a fixed time; (cc) be permitted to engage the Taxicab meter before the passenger enters the vehicle; (dd) charge a Fare which is not in accordance with the appropriate Fare set out in Appendix "A" to this Schedule; (ee) operate a Taxicab without a valid Ontario driver's license; Broker License 15. No person shall be Licensed with a Broker License unless: (a) he/she/it demonstrates, upon initial application and every License renewal and at any time upon request by the Licensing Officer, at least one (1) Owner License that is operated under the brokerage or, upon initial application only, provides satisfactory proof to the Licensing Officer that at least one (1) Owner License will be operated upon issuance of a Broker License and subsequently demonstrates continual brokerage of at least one (1) Owner License; ' .. : :. ..• _:.:. ·-:·.~:.0.;., .• By-law Number 5630-14 Page 60 of76 (b) he/she/it demonstrates, upon initial application and every License renewal and at any time upon request by the Licensing Officer, to the Licensing Officer that the brokerage service is and/or will be operated from a business/commercial office, which office shall not be located in an area zoned for residential use and be in compliance with the Zoning By-law and all other Town land use by-laws, the Planning Act, R.S.O. 1990, c. P.13, as amended, requirements and any other applicable law. Taxicab Broker Responsibilities 16. Every person Licensed under a Broker License shall: (a) maintain a .business office, from which the Taxicab brokerage is operated; ' (b) provide the Licensing Officer with a list of Taxicab Plates that are being operated under the brokerage along with the names of every driver operating any Taxicab for which the Broker has entered into an arrangement for the provision of brokerage services; (c) notify the Licensing Officer in writing, within ten (10) days, of any additions or deletions from the list provided under subsection (2); (d) carry on the Taxicab brokerage business twenty-four (24) hours a day during the term of the Broker License, unless otherwise directed by the Licensing Officer; (e) keep a record of each Taxicab dispatched on a trip, the time and date of receipt of the order, and the pick-up location and retain these records for a period of at least twelve (12) months; (f) supply the Licensing Officer with a copy of any federal radio license call sign and frequency number, if any; (g) ensure that any person employed by the Broker for the purposes of dispatching calls has a working knowledge of the geographic area of the Town of Aurora and surrounding area, including but not limited to the location of streets, public buildings and points of interest; (h) upon request, inform any customer of the anticipated length of time required for a Taxicab to arrive at the pick-up location; (i) when volume of business is such that service will be delayed to a prospective customer, the Broker shall inform the customer of the approximate length of the delay, before accepting the offer; G) dispatch a Taxicab to any person or location within the municipal boundaries of the Town requesting service within the municipality, unless the person requesting service has not paid for a previous trip and these facts are verified by the Broker; (k) carry on business only in the name in which the Broker is Licensed; (I) on instruction of the Licensing Officer, not dispatch calls to a Taxicab, if, in the opinion of the Licensing Officer, the operation of such a Taxicab was or is conducted in contravention of this by-law or any other applicable law; (m) at the request of the Licensing Officer, provide a list showing the number of Taxicabs available for service to the public on any particular day, including the times when each such Taxicab went on the road and the time when it was last available for service on that day and also including the number of dispatched calls serviced by each such Taxicab. By-law Number 5630-14 Page 61 of76 17. No person Licensed under a Broker License shall: (a) Accept an order for, or in any way dispatch or direct orders to a Taxicab, Licensed under this by-law, (i) when the activity would be illegal under another municipal Taxicab or similar licensing by-law, or provincial statute; or (ii) when the Fare is different than that permitted under this by-law; (b) accept orders or in any way dispatch or direct orders for a pick-up in a location within the municipal boundaries of the Town to a Taxicab that is not Licensed with an Owner License; (c) dispatch or direct orders for a parcel delivery to a driver unless the Taxicab driver first consents to make such parcel delivery; (d) be permitted to have exclusive rights to any Taxicab Stand in the municipality, or enter into or become a party to any exclusive concession agreement; (e) require any driver to accept any order necessitating the expenditure of money by the driver on behalf of the customer; (f) enter into an agreement for the provision of brokerage services with a Taxicab driver or Owner who is already affiliated with another Broker; (g) make any charge or financial demand, directly or indirectly, of a Taxicab owner, Jessee or sub-lessee of a Taxicab, other than dues; (h) dispatch to any person within the municipal boundaries of the Town a Taxicab which is not on the list provided to the Town under section 15; (i) charge a tariff or enter into an agreement to charge a tariff which is not in accordance with the provisions of this by-law. Accessible Taxicabs 18. All of the provisions of this by-Jaw in respect of Owners, drivers and Taxicabs shall apply to Owners and drivers of Accessible Taxicabs, unless otherwise indicated. 19. Accessible Taxicabs must be available at any time to provide service within a reasonable amount of time, as deemed by the Licensing Officer, of a request of such a service. 20. In addition to the requirements for Taxicab vehicles set out in this by-Jaw, vehicles to be Licensed as Accessible Taxicabs shall, as a minimum, permit the loading, transportation and off-loading of persons utilizing a wheelchair in compliance with the requirements of Accessible Vehicles, R.R.O. 1990, Reg. 629, as amended, Safety Inspection, R.R.O. 1990, Reg. 611, as amended, any applicable Canadian Standards Association standards, and all other relevant federal and provincial regulation. 21. Notwithstanding any other provisions of this by-law in respect of the dispatching of Taxicabs, when a customer requests the service of an Accessible Taxicab, the Owner of an Accessible Taxicab, and any associated Broker, shall ensure that such call shall receive priority over any other request for service to which the Accessible Taxicab might have been or may be dispatched. In the event the Accessible Taxicab has been dispatched to a customer not requiring the services of an Accessible Taxicab, but the Accessible Taxicab has not been engaged, the Owner, and any associated Broker, shall ensure that another Taxicab is dispatched to respond to the customer not requiring the Accessible Taxicab and that the Accessible Taxicab is dispatched to the customer requiring such service. ·-·. ·-.. ·--~ -·-···-···• ,:.: .. ".:..:~.·. By-law Number 5630-14 Page 62 of76 22. In addition to the requirements for Owners set out in this by-law: (a) no Owner shall operate or permit a Taxicab Licensed as an Accessible Taxicab to be operated by a driver unless such driver: (i) is trained in the proper operation of the special equipment that is used to accommodate disabled passengers; (ii) is trained in handling and accommodating the needs of disabled passengers; (iii) holds a certificate indicating successful completion of a recognized program, relating to the operation of Accessible Taxicabs and providing services to disabled passengers, which is satisfactory to the Licensing Officer. Minimum Operating Time 23. An Owner License may be cancelled by the Licensing Officer at any time if the Owner fails to cause a Licensed Taxicab to provide taxicab service to the public a minimum of twelve (12) hours daily for at least five (5) days during any ten (10) day period, unless the Owner can show, to the satisfaction of the Licensing Officer, just cause for such failure. 24. Notwithstanding the provisions of section 23 of this Schedule, an Owner may choose to vary the number of Taxicabs in use and temporarily retire any of them for periods of time, provided that the welfare of the Taxicab traveling public does not suffer for lack of adequate service and subject to the following conditions: (a) no Taxicab shall be taken off the road for a period longer than sixty (60) consecutive days during any calendar year; (b) a Taxicab may be temporarily retired on more than one (1) occasion within a calendar year so long as the total period of temporary retirements does not exceed ninety (90) days in any calendar year; and (c) at no time shall the total number of temporarily retired Taxicabs, which are owned by one Owner and Licensed under this By-law, exceed twenty percent (20%) of such Taxicabs or, in the case of an Owner that owns less than ten (10) Taxicabs Licensed to operate in the Town, exceed more than one (1) Taxicab. 25. A Broker License may be suspended or revoked by the Licensing Officer at any time if the Broker fails to actively operate for a continuous period of twenty-four (24) hours the Taxicab brokerage for which the Broker License has been issued, unless such Broker can show, to the satisfaction of the Licensing Officer, just cause for such failure. Taxicab Fares 26. The Fares to be charged by the Owners and drivers of Taxicabs for the conveyance of passengers in the municipal boundaries of the Town shall be such as are set out in Appendix "A" to this Schedule and no Owner or driver shall charge any Fare in excess of those set out in the said Appendix "A". 27. Notwithstanding section 26, the Fare referred to in this By-law shall not apply to Taxicabs being used for the transportation of children to and from school or to Taxicabs operating under contract to any government agency for the transportation of handicapped children. 28. Notwithstanding section 26, in the case of passengers with a destination outside the municipal boundaries of the Town, such passengers shall be charged the rate set out in Appendix "A" to this Schedule, as measured by a meter, for the portion of the trip inside the municipal boundaries of the Town and flat rate, which shall be arranged prior to the commencement of the trip, . -·-·-··: ._-,_: ________ ._:· ; __ ,;_·; . -,~ By-law Number 5630-14 Page 63 of76 for the portion of the trip that occurs outside of the municipal boundaries of the Town. License Cancellation or Suspension 29. When a Taxicab Licensed under an Owner License ceases to have a current Ontario standard automobile insurance policy, which is valid, in good standing and properly endorsed in accordance with the provisions of this by-law, the Owner License associated with that Taxicab shall be deemed to be suspended as if notice of such decision was provided under subsection 6(1) of the Licensing By-law as of the date on which the cessation of insurance became effective and such License shall only be reinstated on there being delivered to the Licensing Officer written proof of insurance in accordance with the provisions of the by-law. 30. When an Owner License is suspended under this by-law, an Owner of such suspended License shall forthwith remove the Taxicab Plate and return such Taxicab Plate, along with the License under suspension, to the Licensing Officer. 31. When a holder of Taxicab Driver License has his/her Province of Ontario driver's license suspended, cancelled or revoked, or where the License has expired, the License issued to such driver under this by-law shall be deemed to be suspended as if notice of such decision was provided under subsection 6(1) of the Licensing By-law as of the date of suspension, cancellation or revocation of the Provincial driver's license and such driver under suspension shall immediately return to the Licensing Officer the Taxicab Driver License issued under this by-law. Cancellation or Expiration of Insurance 32. No person shall cancel or amend an insurance policy in place for a Taxicab before the date of expiry of such policy unless prior to such cancellation or amendment a certificate of a newly acquired insurance policy, which is in compliance with the requirements of this by-law, is provided to the satisfaction of the Licensing Officer. 33. All insurance renewal policies or certificates of insurance required under this by-law shall be filed with the Licensing Officer five (5) days prior to the expiry date of any current insurance policy in place for a given Taxicab. Transfer of Owner License 34. For the purposes of this Schedule: (a) "family member" means a child, grandchild, spouse, parent or sibling; (b) "beneficiary" means a person named in a valid will of the Owner as the beneficiary of any Owner License held by such Owner at the time of death. 35. No Owner shall transfer or otherwise dispose of an Owner License unless: (a) the transfer is from an Owner to a family member or to a corporation with the controlling interesting being held by a family member of such Owner, or (b) the transfer is from a deceased Owner, or his/her estate, to a family member of the deceased Owner, to a beneficiary of the deceased Owner, or to a corporation with the controlling interest being held by a family member or a beneficiary of such deceased Owner; and such transfer is approved by the Licensing Officer .,::... .. :_. By-law Number 5630-14 Page 64 of 76 36. When an Owner License is held by a corporation, a License shall be deemed to have been transferred when fifty-one percent (51%), or more, of the ownership rights or voting rights attached to all the shares of such a corporation are sold or otherwise transferred. 37. An Owner requesting the transfer of an Owner License shall: (a) request permission by writing to the Licensing Officer; (b) supply any documentation required under this by-law and any other documentation deemed necessary by the Licensing Officer to satisfy compliance with this by-law and the law, as well as any other administrative forms or documents required by the Licensing Officer, within ninety (90) days of the request; and (c) upon approval of transfer by the Licensing Officer, forthwith return the Owner License, along with the associated Taxicab Plate to the Licensing Officer. 38. A person seeking to obtain an Owner License through a transfer from an Owner shall: (a) supply any supporting documentation or forms requested by the Licensing Officer; (b) supply proof satisfactory to the Licensing Officer that such a person is entitled under this by-law and has the legal right to obtain such a License through the proposed transfer; (c) complete and file an Application for an Owner License; and (d) pay the prescribed fee set out in Schedule "A" of this By-law. 39. Upon receipt of request for a transfer of an Owner License, the Licensing Officer may approve such transfer if all the requirements of this by-law are satisfied and the Licensing Officer is satisfied that the transfer will not negatively affect the welfare of the taxicab travelling public. 40. No transfer of an Owner License shall be approved by the Licensing Officer unless the transferee demonstrates that the vehicle that is to be Licensed satisfies all the requirements under this by-law for a vehicle to become Licensed under an Owner License. 41. No transfer of an Owner License shall be approved by the Licensing Officer unless the transferee is a person entitled to be Licensed as a holder of an Owner License pursuant to this by-law, except in the case of a temporary transfer to an estate in which case the Licensing Officer shall determine which requirements will be applicable or adjusted due to the nature of the estate entity. Transfer of Owner License Upon Death of Owner 42. Where an Owner, who is a natural person, dies, the associated Owner License shall be deemed to be suspended and shall be returned to the Licensing Officer along with the associated Taxicab Plate. 43. Where an Owner, who is a corporation, is dissolved, wound-up or otherwise ceases to exist, the Owner License of such Owner shall be deemed to be irrevocably terminated and no person shall in way use, or purport to use, any such Owner License or associated Taxicab Plate, vehicle or other equipment. 44. Following the suspension and return of an Owner License pursuant to section 42 of this Schedule, the estate, a beneficiary or family member of such a deceased Owner may file a request within a period of one-hundred and twenty (120) days of death to: By-law Number 5630-14 Page 65 of76 (a) transfer the License to a beneficiary of the deceased Owner, to a family member of the deceased Owner or to a corporation with the controlling interesting being held by a family member or beneficiary of such deceased Owner; (b) temporarily transfer such Owner License into the name of the estate. 45. Upon receipt of request to transfer an Owner License to an estate pursuant to paragraph (b) of section 44 of this Schedule, the Licensing Officer may permit for such License to be temporarily transferred and operated under the name of estate for a period not exceeding one (1) year from the date of receipt of the request to transfer, provided that the Licensing Officer is satisfied that it is operated in accordance with this by-law and the following are provided to the Licensing Officer within sixty (60) days of receiving a request for a transfer to an estate: (a) an original or certified copy of a death certificate; (b) proof that any person transferring the License has the legal status to effect the transfer; (c) proof of automobile insurance; (d) proof of ownership rights to the Licensed vehicle; (e) the prescribed fee set out in Schedule "A" of this by-law; and (f) any other documentation required under this by-law and any other documentation deemed necessary by the Licensing Officer to satisfy compliance with this by-law and the law, as well as any other administrative forms or documents required by the Licensing Officer. 46. Following a transfer of an Owner License to an estate, all requirements pursuant to this Schedule shall continue to apply to any such Owner License being operated by the estate. 47. In the case of an Owner License that has been temporarily transferred into the name of an estate, such a License shall be deemed to be irrevocably terminated one (1) year from the date of receipt of a request to transfer, unless before that date such License is transferred to a natural person or a corporation pursuant to the provision of this by-law. 48. Following the death of an Owner, if a request to transfer a License by an estate is not provided to the Licensing Officer within one-hundred and twenty (120) days as required under section 44 of this Schedule or if the Licensing Officer is not provided with the required documentation or satisfied, as required by section 45 of this Schedule, the Licensing Officer may, at his/her discretion, irrevocably terminate any such License of a deceased Owner. Transfer of Taxicab Plate to Different Vehicle 49. An Owner that wishes to replace a vehicle that is License to be used as a Taxicab, before using such replacement vehicle as a Taxicab, shall: (a) provide, to the Licensing Officer, the Owner License and the following with respect to the replacement vehicle: (i) proof of vehicle registration with the MTO that is in good standing and in the name of the holder of the Owner License or, in the case of a vehicle that is being leased, in the name of the lessor together with a copy of any associated lease agreement; (ii) proof of automobile insurance that is in compliance with the · requirements of this by-law; .. :~· .. ..: : .. ··----~-:..: .. :~--·----· ---·---- By-law Number 5630-14 Page 66 of 76 (iii) safety standard certificate satisfactory to the Licensing Officer dated within thirty (30) days of submission; (iv) any other documents deemed necessary by the Licensing Officer to show that proposed vehicle is suitable to serve a Taxicab and compliant with this by-law and any applicable law. (b) submit such replacement vehicle for inspection by the Licensing Officer and such vehicle shall not be used as a Taxicab prior to being approved for use a Taxicab by the Licensing Officer; (c) pay the prescribed fee set out in Schedule "A" of this By-law. 50. When an Owner wishing to replace a Taxicab vehicle meets all the requirements of section 49 of this Schedule, such approved replacement vehicle shall be deemed to be registered and the former vehicle for which the License has been issued is deemed to be no longer registered. Age of Taxicabs 51. No person shall operate or permit to be operated under an Owner License, a vehicle which is of a model year older than five (5) years, calculated from the first day of January of the model year. 52. Notwithstanding the provisions of section 51 of this Schedule, an Owner may make a written request to the Licensing Officer for an extension that would allow use of a model beyond the limit set out in section 51 of this Schedule, provided that such vehicle is of a model year that is not older than seven (7) years and the vehicle conforms in all other respects with the requirements of this by-law. Upon such request by an Owner, the Licensing Officer may grant such exception at his/her discretion if he/she deems the vehicle to be suitable to continue to function as a Taxicab and the vehiCle is in compliance with this by-law and any other applicable law. The Licensing Officer may require a safety standard certificate, along with any other documentation deemed necessary, in order to assess the condition of the vehicle and its suitability to function beyond the period set out under section 51. Taxicab Equipment and Markings 53. Every Owner shall maintain the following equipment and markings in relation to any Taxicab under his/her/its control: (a) the name and telephone number of the Broker or Owner and the identifying letter "A" followed by a set of numbers of the Taxicab Plate affixed on two (2) external sides of the Taxicab in Aria! font at least twenty (20) centimetres high, one (1) inch thick and of contrasting colour to its background, all to the approval of the Licensing Officer; (b) an electrically illuminated roof sign, displaying the name of the Broker or Owner in Aria I font at least twenty (20) centimeters high, one (1) inch thick and of contrasting colour to its background, where such sign is securely attached to the top of the Taxicab in a manner approved by the Licensing Officer and wired to the Taxicab meter and working in conjunction with the meter so that it is not illuminated when the meter is engaged and is illuminated when the headlights are on and the meter is in the vacant status; and (c) a distinctive colour scheme for any Taxicab(s) that shall not be the same distinctive colour scheme being used by any other Broker or Owner with whom the Owner is not affiliated, unless the approval of the Licensing Officer is first obtained. ' ·-,, -~--··-··;;,:-.-.:. ~~---- By-law Number 5630-14 Page 67 of76 54. No Owner shall: (a) (b) put any name, address or telephone number or identification, other than that of the Owner or the Broker with whom the Owner is affiliated with, on any Taxicab or a Taxicab roof sign; use or permit to be used on a Taxicab, any emblem, decal, roof-sign or other markings which are the same shape and/or similar to any distinctive emblem, decal, roof sign or other marking being used by any Broker with whom the owner is not affiliated. Taxicab Meters 55. Every Taxicab meter required by this by-law shall: (a) register distances traveled, record trips and units and compute the Fare to be paid; (b) be submitted for testing, inspection and sealing by the Licensing Officer at such time and such place as may be directed by the Licensing Officer and in any event shall be submitted for testing each time the meter is, or becomes, not properly affixed, repaired, adjusted, replaced or is removed from the vehicle for any reason; (c) be illuminated between sunset and sunrise; (d) be set and sealed in accordance with the Fares prescribed in Appendix "A" to this Schedule; (e) be tested as required at the discretion of the Licensing Officer; (f) be kept in good working condition; (g) in the event of any damage, malfunction, or breakdown to the meter, shall be immediately repaired and be resealed in accordance with the requirements of this by-law. Taxicab Inspections 56. The Licensing Officer may, in addition to biannual inspections for which the Licensing Officer is to provide a written notice, require, through verbal or written notice for any reason and at any time, an Owner or driver to submit his/her/its Taxicab for an inspection at any time and place appointed by the Licensing Officer. This provision is in addition to and is not to be interpreted to limit or restrict any inspection or enforcement powers granted under this by- law to conduct unannounced or other inspections. 57. Upon receipt of a notice of inspection under this Schedule, the Owner, or an agent of the Owner, of the Taxicab subject to the inspection, shall attend with the vehicle at the time and place appointed by the Licensing Officer and, if requested, shall bring a safety standard certificate that was issued within thirty (30) days of the inspection date. 58. Failure to submit a vehicle to any requested, required or demanded inspection pursuant to this by-law, shall result in the Owner License relating to such vehicle being suspended until any such inspection is conducted to the satisfaction of the Licensing Officer. 59. Every Taxicab powered by propane fuel shall have an applicable inspection certificate relating to the propane fuel system, which is satisfactory to the Licensing Officer, filed with the Licensing Officer for each new or renewal License as well as at the time of inspections of the vehicle. _.,:.;.;;;_,:;.:.: __ . By-law Number 5630-14 Page 68 of76 Taxicab Decommissioning 60. When an Owner disposes of or otherwise ceases to use a Licensed vehicle as a Taxicab, the Owner shall immediately remove from the said vehicle being disposed of: (a) the roof light; (b) the taxicab meter; (c) all identifying decals or markings; (d) fender numbers; (e) all other items which make the vehicle appear to the public to be a Taxicab; and and return the Owner Plate to the Licensing Officer within seven (7) business days of decommissioning. Priority List for Taxicab Licenses 61. The Licensing Officer shall at least once in every calendar year review the availability of any Owner Licenses based on the numerical restrictions set out in this by-law and the current population of the Town. The Town shall not be required to redistribute any Owner Licenses that become available, other than at the time of the yearly review of availability. 62. In the event that an Owner License is available for distribution and a Priority List of eligible applicants for such Licenses exists in the control of the Licensing Officer, the Licensing Officer shall offer the Owner License to the person that has the highest priority on such list. 63. In the event that an Owner License is available for distribution and a Priority List of eligible applicants for such Licenses does not exist in the control of the Town, the Licensing Officer shall: (a) advertise, at his/her discretion, for a period of a minimum of thirty (30) days the availability of such Licenses; (b) following the advertisement period set out in paragraph (a), accept applications for the Priority List for a period of a minimum of one (1) business day; (c) following the acceptance of applications pursuant to paragraph (b), hold a random draw, established at the discretion of the Licensing Officer, to establish priority ranking from the pool of submitted applications under paragraph (b) and offer any available Owner License to the person ranked the highest on a such list. 64. Following the distribution of any Owner Licenses pursuant to section 63 of this Schedule, the Licensing Officer shall, at his/her discretion: (a) maintain the Priority List that was created under section 63 of this Schedule and may continue to accept applications from any eligible persons by adding any names of new applicants in the position of having least priority in chronological order of applications, provided that the Licensing Officer may at any time, at his/her discretion, suspend the acceptance of such applications for a period of time to be determined by the Licensing Officer; or (b) destroy any Priority List created pursuant to section 63 of this Schedule. 65. If the Licensing Officer possesses a Priority List, any such list shall not be maintained for a period of longer than five (5) from its original creation, unless, upon review of such a list and the potential of available of Owner Licenses, the By-law Number 5630-14 Page 69 of76 Licensing Officer believes that there is a reasonable chance that any parties listed have an opportunity to obtain an Owner License within the foreseeable future. If a Priority List is kept longer than five (5) years, the Licensing Officer shall review it annually in order to determine if it should be continued to be maintained. 66. If the Licensing Officer possesses a Priority List, an applicant's name, any variation of such a name, or the name of any corporation for which such applicant is an owner, shareholder, director or senior officer shall only appear only once on any such list. Should an applicant submit multiple applications in violation of this provision and be entered onto the Priority List, all entries associated with such an applicant shall be deleted from the list, aside from the entry holding the least priority ranking on the Priority List. 67. If the Licensing Officer possesses a Priority List, such a list will be available for inspection at the Licensing Office during normal business hours. 68. If the Licensing Officer possesses a Priority List and a person is offered an Owner License, the name of the person offered such a License shall be removed from the list and all other names shall be moved forward one (1) position. 69. If the Licensing Officer possesses a Priority List, a name that appears on the list shall be removed from such a list if at any time following the placing of such name on the list the person: (a) obtains an Owner License or an interest in an Owner License through a firm, company or corporation holding an Owner License; (b) had an Owner License that was revoked; (c) dies, in case of a natural person, or is dissolved or ceases to exist, in case of a corporation; (d) fails to satisfy the Licensing Officer, upon request by the Licensing Officer, that he/she/it continue to permanently reside in Canada or that he/she/it has resided in Canada for a period of at least six (6) months in the twelve (12) month period prior to the request; (e) transfers an Owner License; or (f) fails to pay the annual Priority List fee, set out in Schedule "A" of this by-law, upon demand of the Licensing Officer. 70. When a person is offered an Owner License pursuant to section 62 or 63 of this Schedule and refuses or fails to apply for an Owner Licence within ninety (90) days of receiving notice of availability of such a License at the address provided by such a person, the name of such a person shall be removed from any Priority List held by the Town and such a person shall be required to submit a new request to be added to any existing Priority List, if he/she subsequently wishes to apply for an Owner License. . -· --· --------·----··'--· ,,_:__, _ _: •'---·-----------------.-~------~~-------·-·--·-·-·------------------..... · .. · .. By-law Number 5630-14 APPENDIX "A" to Schedule 13 TAXICAB FARES (H.S.T is included in all prices) Metered Rates For the first 200 meters or part thereof For each additional 200 meters or part thereof For waiting time while under engagement for each 30 seconds Non-Metered Rate -Waiting Time While Not Actively Engaged For the first hour or part thereof For each additional fifteen (15) minutes Additional Charges Page 70 of76 $3.10 $0.40 $0.24 $20.00 $5.00 Each suitcase, box or other item that is more than 0.09 m3 in size $ 0.75 Each additional passenger in excess of four while actively engaged $ 0.50 Each additional passenger in excess of four while not actively engaged $ 1.00 Hand baggage, per item, if not carried by passenger inside the vehicle $ 0.25 • Briefcases, and parcels of comparable size, are not considered to be hand baggage and no charges shall be applied to such items. • There shall be no charge for storage or conveyance of wheelchairs or any other mobility aids or mobility assistive devices. • Senior citizens and the disabled are exempt baggage charges. • Any charges for items not covered by these rates or fares shall be agreed upon by passenger and driver of the Taxicab before the commencement of the trip. By-Jaw Number 5630-14 SCHEDULE14 Kennels Page 71 of76 1. Every Applicant sh;;~ll appear in person before the Licensing Officer and shall complete an application in the form prescribed by the Town. In the case of a Kennel owned by a partnership, such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of a Kennel owned by a corporation, such appearances shall be made by an officer of the corporation and not by an agent thereof. The application shall be accompanied by such information as the Licensing Officer may direct which, at a minimum, includes: (a) the name, address and telephone number of the Kennel owner; (b) the location of the Kennel; and (c) the applicable fee in accordance with Schedule "A" to this by-law. 2. No person shall own or operate a Kennel except in accordance with the following regulations: (a) the Kennel shall: (i) be a separate building that is not in, upon, under or directly attached to any building used for human habitation; (ii) be maintained at a healthful temperature at all times for the health, welfare and comfort of every dog and cat therein; (iii) be maintained in a sanitary, ventilated and clean condition free from offensive odours; and (iv) be cleaned at least once daily, when in use, including the thorough cleaning of the Kennel floor and the removal of excreta, dead animals and other waste resulting from the keeping of dogs and cats; (b) all buildings associated with the Kennel shall: (i) comply with the Zoning By-law; (ii) conform to and be maintained in accordance any applicable law; (iii) have a floor made of concrete or similar material that is impermeable; and (iv) have a floor equipped with an operating drain opening or suitable alternative approved by the Licensing Officer; (c) the yards and runways associated with the Kennel shall: (i) be completely enclosed with a sturdy fence so as to prevent the animals from escaping from the premises; (ii) be accompanied by such structural or landscape screening as is necessary to obstruct the visibility of the neighbouring properties from the animals being kept in the facility; (iii) be maintained in a sanitary, ventilated and clean condition free from offensive odours; and (iv) be cleaned at least once daily, when in use, including the removal of excreta, dead animals and other waste resulting from the keeping of animals; By-law Number 5630-14 Page 72 of76 (d) all dogs and cats at the Kennel shall: (i) be kept in sanitary, well-bedded, well-ventilated, lighted and clean quarters at all times; (ii) be fed and watered periodically each day and kept in a clean and healthy condition free from vermin and disease; and (iii) be provided with an exercise area so as to enable each animal to exercise freely and easily so as to maintain physical health and well-being; (e) any cages or pens used for the housing of animals at the Kennel shall be constructed and maintained to: (i) provide sufficient space to allow every animal in the cage or pen to comfortably extend its legs to their full extent, stand, sit, turn around and lie down in a fully extended position; (ii) prevent any animal therein from readily escaping therefrom; (iii) be readily cleaned; (iv) not be likely to harm any animal therein; and 3. No person shall own or operate a Kennel on any premises that does not conform to the Zoning By-Jaw and nothing in this by-Jaw and no License granted pursuant to this by-law shall be construed so as to create or grant a right to use land or premises in a manner that does not conform to the Zoning By-law. By-law Number 5630-14 Column 1 SCHEDULE"A" Annual Fees for Licenses Column 2 License Fee Adult Entertainment Parlour Owner/Operator-Initial $ 1,790.00 Owner/Operator-Renewal $ 1,540.00 Entertainer -Initial $ 100.00 Entertainer -Renewal $90.00 Entertainer-Late Fee $25.00 Entertainer-1.0. Card $5.00 Place of Amusement Owner/Operator-Initial $270.00 Owner/Operator-Renewal $115.00 Auctioneers Initial $ 135.00 Renewal $70.00 Billiard Hall Initial $365.00 Renewal $270.00 Body Rub Parlour Owner-Initial $ 1,790.00 Owner -Renewal $ 1,540.00 Operator-Initial $845.00 Operator -Renewal $820.00 Provider -Initial $ 105.00 Provider -Renewal $90.00 Provider-Late Fee $25.00 Provider-1.0. Card $5.00 Page 73 of76 Column 3 Expiry Date January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st January 31st By-law Number 5630-14 Page 74 of 76 Column 1 Column 2 Column 3 License Fee Expiry Date Driving School Instructors Instructor with vehicle-Initial $95.00 September 30th Instructor with vehicle -Renewal $85.00 September 30th Instructor with vehicle -Late Fee $50.00 Instructor without vehicle-Initial $90.00 September 30th Instructor without vehicle-Renewal $75.00 September 30th Instructor without vehicle-Late Fee $50.00 Change of Vehicle Fee $50.00 Replacement Plate $30.00 Hawkers and Peddlers Initial $75.00 January 31st Renewal $70.00 January 31st Horse Riding Establishments Initial $250.00 June 30th Renewal $200.00 June 30th Limousines Owner-Initial $ 165.00 March 31st Owner -Renewal $85.00 March 31st Owner -Late Fee $50.00 Driver-Initial $80.00 March 31st Driver -Renewal $70.00 March 31st Driver -Late Fee $50.00 Change of Vehicle Fee $50.00 Replacement Plate $30.00 I.D. Card $5.00 '. .. ·-··-~-_,_:____ .: ·, ,;-.~-'-'-~"'."-... -.---· . -------~:;-___ ,_'\_· By-law Number 5630-14 Page 75 of76 Column 1 Column 2 Column 3 License Fee Expiry Date Mobile Sign Installers Initial $265.00 December 31st Renewal $250.00 December 31st Refreshment Vehicles and Vendors Owner-Motorized -Initial $230.00 April 30th Owner-Motorized -Renewal $220.00 April 30th Owner-Motorized -Late Fee $50.00 Owner-No Motor-Initial $230.00 April 30th Owner-No Motor-Renewal $220.00 April 30th Owner-No Motor-Late Fee $50.00 Vendor-Initial $75.00 April 30th Vendor -Renewal $50.00 April 30th Vendor -Late Fee $50.00 Change of Vehicle Fee $50.00 Replacement Plate $30.00 I.D. Card $5.00 Second Hand Goods Vendors, Pawnbrokers and Salvage Yard Owners Initial $200.00 June 15th Renewal $ 125.00 June 15th --•---------~------·· -.... ;:~;_;_;_:~: __ __ By-law Number 5630-14 Page 76 of76 Column 1 Column 2 Column 3 License Fee Expiry Date Taxicabs Owner License-Initial $480.00 March 31st Owner License -Renewal $415.00 March 31st Owner License -Late Fee $85.00 Broker License-Initial $ 210.00 March 31st Broker License -Renewal $75.00 March 31st Broker License -Late Fee $75.00 Taxicab Driver License-Initial $75.00 March 31st Taxicab Driver License-Renewal $50.00 March 31st Taxicab Driver License-Late Fee $50.00 Transfer of Owner License -General $150.00 Transfer of Owner License to Estate $ 150.00 Transfer of Taxicab Plate to New Vehicle $50.00 Annual Priority List Fee $25.00 Replacement Taxicab Plate Fee $30.00 Taxicab Meter Reseal Fee $25.00 J.D. Card and Tariff Card Fee $5.00 Taxi Test Re-write $30.00 Taxicab Identification Holder $ 10.00 Kennels Initial $355.00 June 30th Renewal $200.00 June 30th