BYLAW - Auctioneer Licensing - 20000613 - 419200PTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4192-00.P
BEING A BY-LAW to
provide for licensing and
regulating auctioneers.
WHEREAS Section 257.2 (1) of the Municipal Act, R.S.O. 1990 c.M.45 ("the Act" as
amended) authorizes a Municipality to pass by-laws for licensing, regulating and governing of
any business carried on within the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law:
(a) "Auctioneer" means a person selling or putting up for sale goods, wares, or
merchandise by public auction;
(b) "Council" means the Council of the Corporation of the Town of Aurora;
? " Person" includes a natural individual, a corporation, partnership or association;
(d) "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.IS 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.
(e) "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 the sale, offer to sell or putting
up for sale of goods, wares, merchandise or effects by public auction;
(f) "Town" means The Corporation of the Town of Aurora in the Regional
Municipality of York.
2. LICENCE REQUIRED -OFFENCE
No person shall conduct any business, trade or calling in the Town of Aurora for which a
licence is required under Section 3 hereof unless he or she holds a licence issued therefor
by the Town.
3. LICENCE REQUIRED-AUCTIONEERS
A licence shall be obtained by every person who carries on the business of an auctioneer
in the Town of Aurora. Nothing in this By-law shall apply to a Sheriff or court bailiff
offering for salegoods or chattels seized under an execution or distrained for rent.
4. APPLICATION B TIME FOR
The licenses required by this By-law shall, be for the period up to and including the 31 ''
day of January in the year after the year of issuance, unless they are sooner forfeited or
revoked.
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5. LICENCE NON-TRANSFERABLE
No licence issued pursuant to this by-law is assignable or transferable.
6. LICENCE-DISPLAY
When conducting an auction, anyone licensed under this by-law must display his or her
licence in a conspicuous place.
7. LICENCE REQUIREMENTS
No person shall be entitled to obtain or renew a licence where:
Upon review of a licence application, including an application for renewal, the Licensing
Officer shall prepare a Clerk's Report and seek Council's direction with respect to the
issuance or renewal of a licence where:
(a) The past or current conduct of the applicant or licence holder affords reasonable
grounds for belief that he will not carry on the trade, calling, business or
occupation in respect of the application for licence in accordance with law and
with integrity and honesty; or
(b) there are reasonable grounds for belief that the carrying on of the trade, calling,
business or occupation in respect of the application for licence by the applicant or
licence holder will result in a breach of this By-law or any other applicable law;
or
? the issuance of the licence or the renewal of the licence would be contrary to the
public interest;
(d) the applicant or licensee is carrying on activities that are, or will be, if the
applicant is licensed, in contravention of this by-law.
8. LICENCE SUSPENSION
Where any licensee is convicted of an offence under this By-law, 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.
9. LICENCE EXPIRATION
Provided a licensed applicant is not in breach of any of the terms of this By-law, the
Licensing Officer shall renew an applicant's licence for a period of time up to and
including the 31st day of January in the year following the year of application for
renewal, provided such applicant has completed the application for renewal.
10. LICENCE-CHANGE OF INFORMATION
Where there is any change in any of the particulars relating to a person licensed under
this By-law, which particulars are required to be filed with the Town on applying for a
licence under this By-law, such person shall report the change to the Licensing Officer
within seven (7) days of the change.
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11. HEARING
(1 )Where the Municipal Clerk believes that the applicant or licensee would be
disentitled to a license or a renewal thereof for any of the reasons set out in this
By-law, the Municipal Clerk shall not issue the license and the Municipal
Clerk shall reconnnend to Council that Council shall refuse to issue or refuse
to renew the license, or that Council suspend or revoke the license, or
reconnnend that a license be issued subject to terms and conditions.
(2)Before Council refuses to issue or refuses to renew a license, or revokes or
suspends or cancels a license, a written notice advising the applicant or
licensee of the reconnnendation being made by the Municipal Clerk to Council
with respect to the license shall be given to the applicant or licensee by the
Municipal Clerk.
(3) The written notice to be given hereunder shall:
(a) set out the grounds for the reconnnendation;
(b) give reasonable particulars of the grounds;
(c) be signed by the Municipal Clerk; and
(d) inform the applicant or licensee that they are entitled to a hearing before
the Council, if they deliver, within seven (7) days after the date of
service of the written notice, or the date of personal service of the
written notice, whichever is later, a written request for a hearing before
the Council.
(4) On receipt of a written request for a hearing from an applicant or licensee, the
Municipal Clerk shall advise Council and request Council to convene a
meeting and shall give the applicant or licensee reasonable written notice
thereof.
( 5) The applicant or licensee shall have the right to make submissions in support
of an application or renewal or retention of a license at such hearing and when
the applicant or licensee who has been given written notice of the hearing, does
not attend at the proper time and place, the Council may proceed with the
hearing in the applicant's or licensee's absence and the applicant or licensee
shall not be entitled to any further notice of the proceedings.
( 6) At the conclusion of the hearing the Municipal Clerk shall, as soon as
practicable, prepare a written report on the hearing, which shall sunnnarize the
evidence and the arguments presented by the parties to the hearing, set out the
findings of fact and the decisions made by the Council and set out the reason
for the decision.
(7) If the applicant or licensee signifies that he is prepared to accept conditions
upon the license and to make no objection to such conditions, Council may
grant a license or the renewal of a license upon such conditions as the Council
consider appropriate.
12. REGULATION OF CARRYING ON BUSINESS
(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 such person shall.avail himself of the services of, or act in concert with,
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persons known as "beaters", "boosters", or "shills" for the purpose of raising or
stimulating bids;
(b) No such 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 such person shall conduct or permit to be conducted any mock auction.
(d) No such 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 shall have 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) (a) 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, including the wares, goods,
merchandise or affects upon such location by a Provincial Offences Officer or a
Peace Officer.
(b) No person shall obstruct or hinder the entry or the inspection of such location,
including the goods, wares or merchandise upon such location by Provincial
Offences Officer or a Peace Officer.
14. FALSE INFORMATION B PROHIBITED
No person shall knowingly give false information when applying for a licence under this
By-law.
15. CO NTA VENTI ON-FINE
Any person who contravenes any provision of this By-law, is guilty of an offence and,
upon conviction pursuant to the provisions of the Provincial Offences Act (as amended),
is liable to the maximum penalty that may be imposed under the Provincial Offices Act;
16. SEVERABILITY B 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.
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17. HEADINGS
The headings in the body of this By-law form no part of the By-law but shall be deemed
to be inserted for convenience of reference only.
18. SHORTTITLE
This By-law may be referred to as the Auctioneers By-law.
REPEAL
By-law 3490-93 is hereby repealed.
19. EFFECTIVE DATE
This By-law shall come into force and take effect upon third reading hereof.
READ A FIRST AND SECOND AND THIRD TIME THIS 13 1h DAY OF JUNE 2000.
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SCHEDULE "A"
TO BY-LAW NUMBER 3490-93
Auctioneers' Licences
INITIAL LICENCE FEE $150.00
RENEWAL OF LICENCE $75.00