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BYLAW - Pawnbrokers - 19990224 - 399798PTHE CORPORATION OF THE TOWN OF AURORA By-law Number 3997-98.P BEING A BY-LAW to regulate businesses of Second- Hand Dealers and Pawnbrokers in the Town of Aurora. WHEREAS the Pawnbrokers Act, R.S.O. 1990 c. P.6 (as amended) implicitly authorizes a municipal council to licence the carrying-on of a Pawnbroker business; AND WHEREAS Section 257.2(1) of the Municipal Act, R.S.O. 1990 c. M.45 (as amended) authorizes a local municipality to pass by-laws for licencing, regulating and governing any business carried on within the Municipality; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: SECTION 1 -INTERPRETATION 1.1 auction-defmed "auction" means the business of purchasing or receiving articles, goods or things to be sold by auction. 1.2 auctioneer -defined "auctioneer" includes any person who carries on the business which includes auctioning articles, goods or things. 1.3 Chief of Police -defined "Chief of Police" means the Chief of the York Regional Police 1.4 consignment -defined "consignment" means the business of offering goods for sale, which are the property of another, in exchange for a percentage of the purchase price. 1.5 dealer -defined "dealer" includes a person who carries on the business of a Second-Hand Goods Shop. 1.6 junk -defmed "junk" includes any of the following used or old articles or goods: rubber tires, metal, plastics, plastic containers, glass, paper, sacks, wire, ropes, rags, machinery, or cans. 1. 7 large household furnishings/appliances -defined "large household furnishings/appliances" means sofas, tables, beds, dressers, washers, dryers, fridges, stoves, dishwashers or similar large household furnishings or appliances, but does not include microwave ovens, computers, stereos, televisions or other electronic devices. By-law No. 3997-98.P Page2 1.8 non-profit corporation -defmed non-profit corporation -defmed "non-profit corporation" means a corporation issued Letters Patent or Articles of Incorporation under the Corporations Act, R.S.O. 1990 c. C.38 as a non-profit corporation and includes: (a) every company incorporated by or under a general or special Act of the Parliament of the late Province of Upper Canada; (b) every company incorporated by or under a general or special Act of the Parliament of the late Province of Canada that has its head office and carries on business in Ontario and that was incorporated with objects to which the authority of the Ontario Legislature extends; and (c) every company incorporated by or under a general or special Act of the Ontario Legislature. 1.9 office furniture -defined "office furniture" includes desks, chairs, credenzas, tables, filing cabinets, shelving and mobile office wall systems. 1.10 pawn -defined "pawn" means to deliver personal property to another in pledge, or as security for a debt or smn borrowed. 1.11 pawnbroker-defined "pawnbroker" includes .every person who carries on the business of taking goods or chattels in pawn, whether or not the provisions of the Pawnbrokers Act apply to him, her or it. 1.12 Pawn Shop-defined "Pawn Shop" means any premises where a person carries on business as a pawnbroker. 1.13 person-defmed "person" includes a natural individual, a corporation, association or partnership. 1.14 pledge-defined "pledge" means an article pawned with a pawnbroker. 1.15 Provincial Offences Officer-defined "Provincial Offences Officer" means a person appointed by by-law of the Corporation of the Town of Aurora as a Provincial Offences Officer pursuant to the authority under s.15 of the Police Services Act, R.S.O. 1990, c. P.15 or designated in writing by a Minister under Section 1(3) of the Provincial Offences Act, R.S.O. 1990, c. P.33 as a Provincial Offences Officer. 1.16 purchase -defined "purchase" includes buy, barter, deal in, take in exchange, take in part payment, or receive on consignment, and "purchasing" and "purchased" shall be construed accordingly. 1.17 Second-Hand Goods Shop-defmed "Second-Hand Goods Shop" means premises whereon: (a) a person carries on the trade or business of purchasing or selling any second- hand goods, wares or merchandise,; or (b) a person who, while licenced or required to obtain a licence for any business, occupation or calling other than businesses referred to in this By-law, purchases By-law No. 3997-98.P Page3 or stores, either as principal or agent, any second-hand goods, wares or merchandise. 1.18 Town -defined "Town" means the Corporation of the Town of Aurora. Part I Regulations Pertaining to Second-Hand Goods Shops SECTION 2 -LICENCE 2.1 Licence Required -Offence No person shall conduct any business in or upon any premises or part thereof, or carry on any trade or calling in the Town of Aurora for which a licence is required under Section 2.2 hereof unless he, she or it holds a licence issued therefor by the Town and has paid the licence fee therefor, required by this By-law, in accordance with Schedule "A" hereto. 2.2 Licence Reqnired -Second-Hand Goods Shop A licence shall be obtained for each Second-Hand Goods Shop located within the limits of the Town of Aurora. 2.3 Where Licence Not Required N otwitbstanding the provisions of this By-law, no' licence shall be required for: a) a Second-Hand Goods Shop which is owned or operated by a non-profit corporation; b) a Second-Hand Goods Shop whose primary business is in the sale of new goods or merchandise and which purchases, sells, exchanges or deals in second-hand goods only to the extent of purchasing traded-in second-hand goods the value of which is applied against the purchase of new goods and which subsequently resells such second-hand goods; or c) a Second-Hand Goods Shop whose business is restricted solely to the purchase, sale or exchange of goods commonly known and recognized as valuable antiques and works of art, either in their original condition or as renovated, remodeled, repaired or re-manufactured. 2.4 One Shop -Limited To No person, by virtue of one licence, shall carry on the business of a Second-Hand Goods Shop in more than one location. 2.5 Person -Two -Several -One Licence Where two or more persons carry on business as dealers in partnership in the same shop, only one licence is necessary. 2.6 Application -Time For Applications for the issuance or renewal of a licence for a Second-Hand Goods Shop for any given year must be received by the Municipal Clerk, in the form prescribed by the Municipal Clerk, on or before the 15th day of April for the next ensuing licence year which runs from June 16 of that same year to June 15 the following year. By-law No. 3997-98.P Page4 2. 7 Licence -Must Comply With Zoning No licence shall be issued for a Second-Hand Goods Shop on premises where the Town's Zoning By-law 2213-78, or successor legislation thereto, does not permit the use of those premises for such purposes. 2.8 Licence -Display Each Second-Hand Goods Shop licence, when issued, shall be posted in a conspicuous place on the premises so licenced. Part II Regulations Pertaining to Pawn Shops SECTION 3 -LICENCE 3.1 Licence Required-Offence No person shall conduct any business in or upon any premises or part thereof, or carry on any trade or calling in the Town of Aurora for which a licence is required under Section 3.2 hereof unless he holds a licence issued therefor by the Town and has paid the licence fee therefor, required by this By-law, in accordance with Schedule "A" hereto. 3.2 Licence Required -Pawn Shop A licence shall be obtained for each Pawn Shop located within the limits of the Town of Aurora. 3.3 One Shop -Limited To No person, by virtue of one licence, shall carry on the business of a Pawn Shop in more than one location. 3.4 Person -Two -Several -One Licence Where two or more persons carry on business as pawnbrokers in partnership in the same shop, only one licence is necessary. 3.5 Application -Time For Applications for the issuance or renewal of a licence for a Pawn Shop for any given year must be received by the Municipal Clerk, in the form prescribed by the Municipal Clerk, on or before the 15"' day of April for the next ensuing licence year which runs from June 16 of that same year to June 15 the following year. 3.6 Application -Referral -General Committee All applications for a licence or a renewal of a licence for a Pawn Shop shall be referred to the General Committee of the Council of the Town for review. 3. 7 Application -Notice Notice shall be provided to the applicant of the Committee meeting at which his, her or its licence application or licence renewal application will be heard. 3.8 Application -Decision The Committee shall review the application and hear the submissions of the applicant, if any, and then make a decision on whether or not to issue the licence or licence renewal. By-law No. 3997-98.P Page 5 3.9 Licence -Must Comply With Zoning No licence shall be issued for a Pawn Shop on premises where the Town's Zoning By-law 2213-78, or successor legislation thereto, does not permit the use of those premises for such purposes. 3.10 Licence-Display Each licence, when issued, shall be posted in a conspicuous place, and as approved by a Provincial Offences Officer, on the premises so licenced. 3.11 Letter Of Credit-Other Security Every pawnbroker, upon being issued a licence for a Pawn Shop by the Town, shall give to the Town Treasurer a letter of credit (in a form satisfactory to the Town Treasurer) or such other security as the Town Treasurer deems appropriate in the sum of Two-Thousand Dollars ($2,000.00) binding the pawnbroker to the due observance of the Pawnbrokers Act, R.S.O. 1990 c. P.6 which shall be kept in force during the period of the licence or any renewal thereof. SECTION 4-APPLICATION OF PAWNBROKERS ACT 4.1 Pawnbrokers Act -applies Notwithstanding Section 5 of this By-law, any person licenced to carry on the business of a Pawnbroker shall keep all books and documents required to be kept pursuant to the Pawnbrokers Act. 4.2. Posting of Interest Charges Every pawnbroker shall be required to post at the counter or service line where articles are received, the interest charged on articles, goods or things left in pawn. 4.3. No Second-Hand Purchases Without Licence No pawnbroker shall, unless he has obtained a licence for the premises as a Second-Hand Goods Shop, purchase or buy any Second-Hand articles, goods or things whatsoever from any person. Part III Regulations Pertaining to Second-Hand Goods Shops and Pawn Shops SECTION 5-REGULATIONS 5.1 Registration of Articles (a) No person shall carry on the business of a Second-Hand Goods Shop or Pawn Shop, as the case may be, without keeping a register of goods, articles, or things other than junk, books, papers, magazines, clothing items, footwear or office furniture, as those terms are defined in this By-law, purchased or otherwise received by him or her, in the English language and in the form as set out in section 5.3 of this By-law, known as the Register of Articles and Goods Received. (b) For the purposes of this By-law, books, papers and magazines do not include postage stamps. 5.2 Registration -Time of Entry Each entry in the Register of Articles and Goods Received shall be made at the time of or immediately after the purchase or receipt of goods, articles or things. By-law No. 3997-98.P Page 6 5.3 Registration-Requirements The Register of Articles. or Goods Received shall be written in ink and be legible and contain the following: (a) A full and complete description, serial nwnber, make, or model of all articles, goods, or things purchased or received; (b) The price paid or the amount of the loan advanced for each article, goods, or thing; (c) The precise date and hour of purchasing or receiving such articles, goods or things; (d) The full name of who received or purchased the articles, goods or things; (e) A consecutive nwnber next to each article, goods or thing pawned or purchased except in the case of coins or postage stamps; (f) The full name, residential or business address and full description of the person from whom such articles, goods, or things were purchased or received along with the nwnber and expiration date from one of the following picture identification: a passport, a driver's licence, a Provincially issued Health Card or an age of majority card; (g) The full signature of the person from whom the articles, goods or things are purchased or received; (h) In the case of goods delivered or conveyed by motor vehicle, the make, model and Provincial or State Licence Plate of the motor vehicle delivering or conveying the goods; and (i) The full description of any jewelry received, including any markings, type of stone, nwnber of carats, ring size, and material such as gold, platinwn or silver. 5.4 Unmarked Goods Received From Auction (a) No person shall carry on the business of a Second-Hand Goods Shop or Pawn Shop, as the case may be, without keeping a register of all unmarked goods, articles or things, other than junk, books, papers, magazines, clothing items, footwear or office furniture, as those terms are defined in this By-law, purchased or otherwise received from an auction by such dealer or pawnbroker, as the case may be, in the English language and in the form as set out in section 5.6 of this By-law, known as the Register of Unmarked Articles or Goods Received from Auction. (b) For the purposes of this By-law, books, papers and magazines do not include postage stamps. 5.5 Registration -Time and Date of Entry Each entry in the Register of Unmarked Articles or Goods Received from Auction shall be made at the time of or immediately after the purchase or receipt of all goods, articles or things. 5.6 Registration -Requirements The Register of Unmarked Articles or Goods Received from Auction shall be kept in a mauner satisfactory to the Chief of Police and a Provincial Offences Officer, shall be written in ink and be legible and shall contain the following: (a) A full and complete description, make, or model of all articles, goods or things purchased or received; By-law No. 3997-98.P Page 7 (b) The precise date and hour of purchasing or receiving such articles, goods or things; (c) The full business name and address of the auction the articles, goods or things were purchased from; and (d) The full signature of the auctioneer or owner of the auction from which the articles were purchased from. 5.7 Regulation of Carrying on Business No person shall carry on the business of a Second-Hand Goods Shop or Pawn Shop, as the case may be,: (a) and keep or cause to be kept a Second-Hand Goods Shop or Pawn Shop, as the case may be, except from premises licenced for that purpose; (b) and sell or cause to be sold Second-Hand Goods except from premises licenced for that purpose; (c) and receive any articles, goods or things from any person other than at the place of business in which the dealer or pawnbroker is licenced to conduct his business or at the place of business of a licenced auctioneer; (d) and store any articles, goods or things other than junk, books, papers, magazines, clothing items or footwear purchased or received from persons, other than at the place of business in which the dealer or pawnbroker is licenced to conduct business; (e) and purchase or receive any articles, goods or things from any person between the hours of 12 o'clock am and 6 o'clock am the next day; (t) and receive any articles from any person under the age of 18 years; (g) and receive any articles, goods, or things where its serial number or other identifiable marking has been defaced, erased, removed or tampered with, unless received from an auction and the receipt of such articles, goods or things is recorded on the Register of Unmarked Goods or Things Received from Auction, where registration of the articles, goods or things are otherwise required under the provisions of this By-law; (h) and receive any new or unused articles, goods or things, other than books, papers, magazines clothing items, footwear, office furniture, coins or postage stamps, unless the person who delivers the articles, goods or things, at the same time as delivery, provides an invoice or other documentation as proof of acquisition by such person, in which case the dealer or pawnbroker, as the case may be, shall retain the invoice or document and shall deliver it to the Chief of Police simultaneously with the register that the articles, goods or things are recorded on; (i) and alter, repair, dispose of or in any manner part with any articles, goods or things except large household furnishings or appliances, books, papers, magazines, clothing items, footwear or office furniture purchased or received by him or allow any such articles, goods or things to be removed from the premises or otherwise disposed of until after the expiration of 15 clear days from the date of purchase or receipt, exclusive of Sundays and holidays, and until the expiration of the said 15 clear days, such articles, goods or things shall be segregated and kept apart from all other articles, goods or things on the premises and shall be subject to inspection at any reasonable time during business hours, by the Chief of Police, member of the York Regional Police or a Provincial Offences Officer, which individuals may be accompanied by such By-law No. 3997-98.P PageS other persons as in his or her judgment may be necessary for the identification of goods reported or suspected of having been stolen. Notwithstanding this sub- section, the Chief of Police, a member of the York Regional Police or a Provincial Offences Officer may, from time to time, require articles, goods or things to be kept in the dealer's or pawnbroker's possession for a longer duration of time, from the date of purchase or receipt, in which case the articles, goods or things shall not be removed from the premises or disposed of without written consent of the Chief of Police; (1) and cause or permit any entry in the register to be erased, obliterated or defaced or permit the leaves of any register or any part of any register to be cut out or removed without the written consent of the Chief of Police; (m) and refuse entry to the business premises, during the hours of 9 am to 5 pm, Monday to Friday, Statutory Holidays excluded, to the Chief of Police, any member of the York Regional Police, or a Provincial Offences Officer for inspection of the articles, goods or things or for other purposes; (n) without attaching to the article, goods, or things purchased or pawned, a tag, on which is recorded the corresponding number which is assigned to the article, goods, or thing on the Register of Articles or Goods Received or the Register of Unmarked Articles or Goods Received from Auction, as the case may be and where registration of the articles, goods or things are otherwise required under the provisions of this By-law, and the dealer or pawnbroker, as the case may be, must insure that the tag remains attached until sold or otherwise disposed of; (o) without making the Register of Articles or Goods Received and the Register of Unmarked Articles or Goods Received from Auction available at all times during the hours of 9 am to 5 pm, Monday to Friday, Statutory Holidays excluded, and the dealer or pawnbroker, as the case may be, shall produce them, on demand, for inspection by the Chief of Police, or any member of the York Regional Police, or a Provincial Offences Officer; or (p) without keeping on the premises where the business or trade is licenced to carry on, the Register of Articles or Goods Received and the Register of Unmarked Articles or Goods Received from Auction that contain all of the entries for the previous 12 months. 5.8 Pawn Shops -Copy of Register to Chief of Police No person shall carry on the business of a Pawn Shop without delivering once every seven days, to the Chief of Police, a complete copy, which may be in photographic form, of all of the entries in the Register of Articles or Goods Received and the Register of Unmarked Articles or Goods Received from Auction for all articles, goods or things received by the pawnbroker, where registration of the articles, goods or things are otherwise required under the provisions of this By-law during the immediately preceding seven day period. The register may be delivered by facsimile or other electronic means, if legible, and acceptable to the Chief of Police. SECTION 6 -GENERAL PROVISIONS 6.1 Licence Revocation A licence granted pursuant to this By-law for any premises may be revoked where the licensee does not comply with the provisions of this By-law or where such licence has been issued through error. 6.2 Revocation -Securities Realized In the event of a pawnbroker holding a licence for a Pawn Shop being convicted of an offence under the Pawnbrokers Act, in addition to any penalties under that Statute, the Town may By-law No. 3997-98.P Page9 realize on the security posted with the Town Treasurer and/or may revoke any licence issued under the provisions of this By-law. 6.3 Licence Suspension Where any licensee is convicted of an offence under this By-law or under the Pawnbroker's Act, the licence shall be suspended forthwith and shall not be reinstated until a Provincial Offences Officer certifies in writing that the conditions resulting in the conviction have been remedied and that the premises and its proposed operation comply with this By-law. 6.4 Contravention -fine Every person who contravenes a provision of this By-law is guilty of an offence and upon conviction is liable to a fme not exceeding five thousand dollars ($5,000.00) exclusive of costs, pursuant to the provisions of the Provincial Offences Act, as amended. 6.5 Severability -validity Each and every one of the provisions of this By-law is severable and if any provisions of this By-law should, for any reason, be declared invalid by any court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 6.6 Licence -Expiration Licences· issued under the provisions of this By-law, unless otherwise expressed to be granted for a shorter period, shall expire at 12:00 a.m. on the 15th day of June in the year following the year in which they are issued. 6. 7 Licence -Non-transferable No licence issued pursuant to this By-law is assignable or transferable. 6.8 Licence -Partnership Persons associated in a partnership applying for a licence under this By-law shall file with their application a statutory declaration, in writing, signed by all members of the partnership, which declaration shall state: (i) the full name of every partner and the address of his or her ordinary residence; (ii) the name or names under which they carry on or intend to carry on business; (iii) that the persons therein named are the only members of the partnership; and (iv) the mailing address of the partnership. 6.9 Licence -Corporation Every corporation applying for a licence shall file with their application a copy of its articles of incorporation or other incorporating document and shall file a statutory declaration, in writing, signed by an officer of the corporation, which declaration shall state: (i) the full name of every officer, director and shareholder and the address of each officer's, director's and shareholder's ordinary residence; (ii) the name or names under which it carries on or intends to carry on business; (iii) that the persons therein named are the only officers, directors and shareholders of the corporation; and (iv) the mailing address for the corporation. 6.10 Licence-Corporation-Officers and Directors For the purposes of issuing a licence under this By-law, the names of each of the officers and By-law No. 3997-98.P Page 10 directors of the company shall be set out on the licence issued and displayed in accordance with section 2.8 or 3.10 of this By-law, whichever may be applicable. 6.11 Right of Entry The Chief of Police, one or more members of the York Regional Police or one or more Provincial Offences Officers are authorized to enter at all reasonable times on any property that is subject to the direction of this By-law to ascertain whether the requirements of the By-law are being met or the Pawnbrokers Act is being observed and said individuals may be accompanied by such person or person they deem necessary for the purposes of enforcing this By-law. 6.12 False Information-Prohibited No person shall knowingly give false information when applying for a licence under this By-law. 6.13 Signs and Advertisements No person shall erect or maintain any sign advertising the carrying on of business of a Pawn Shop or Second-Hand Goods Shop except in accordance with Town by-laws, including the Sign By-law 3400-92 (as amended). 6.14 Repeal Sections !(d) (i), (ii) and (iv) of By-law 2344-80 are hereby repealed and section l(d)(i) is replaced with the following: Any person who owns a salvage shop or salvage yard; 6.15 Short Title This By-law may be referred to as the "Second-Hand Goods Dealers and Pawnbrokers By- law". 6.16 Effective Date This By-law shall come into force and take effect upon third reading thereof. READ A FmST TIME TffiS 11th DAY OF NOVEMBER, 1998. READ A SECOND TIME THIS 1~ DAY OF DECEMBER, 1998. READ A TmRD TIME AND PASSED TffiS 24th DAY OF FEBRUARY, 1999. T. L. ALLISON, MUNICIPAL CLERK /---. PawnShop Original Licence Annual Renewal Second Hand Goods Shop Original Licence Annual Renewal other Fees Late Renewal Fees SCHEDULE "A" LICENCE FEE SCHEDULE $100.00 $100.00 $100.00 $100.00 $25.00