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BYLAW - Amusement By law - 20010130 - 425901PTHE CORPORATION OF THE TOWN OF AURORA BY-LAW NUMBER 4259-01.P BEING A BY-LAW to provide for the licensing and regulating of places of amusement within the Town of Aurora. WHEREAS Section 236 of the Municipal Act, R.S.O. 1990 c.M.45 ("the Act" as amended) provides for licensing and regulating places of amusement; AND WHEREAS Section 102 of the Act authorizes Council to enact by-laws for the health, safety, welfare and morality of the inhabitants of the municipality; NOW THEREFORE, the Municipal Council of The Corporation of the Town of Aurora enacts as follows: 1. In this By-law: (a) "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. 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 of Canada. (b) "applicant" means a person applying for a license pursuant to this By- law; (c) "Council" means the Council of The Corporation of the Town of Aurora. (d) "license" means an authorization under this By-law to carry on the trade, calling, business or occupation specified herein; (e) "licensed" means licensed under this By-law and not in breach of the provisions hereof; (f) "Licensing Officer" means a By-law Enforcement Officer appointed by the Town and shall include the Clerk of the Town; (g) "operator" includes a person who, alone or with others, operates, manages, supervises, runs or directs the trade, calling, business or occupation carried on at a place of amusement. (h) "owner" includes a person who, alone or with others, owns or controls the trade, calling, business or occupation carried on at a place of amusement or directs the activities of an operator or is the tenant or licensee in respect of premises, which are utilized as a place of amusement, and "owner" excludes "operator'' except that where one person is both owner and operator he shall be deemed to be an owner for the purposes of this By-law. (i) "person" includes a natural individual, and their heirs, executors, administrators or other legal representatives, a corporation, partnership or other form of business association or a receiver or mortgagee in possession. - 2 - U) "place of amusement" means any premises which is used primarily for public entertainment and which depends for its maintenance on attracting the public to it for purposes of amusement. (k) "Town" means The Corporation of the Town of Aurora in the Regional Municipality of York; LICENSE REQUIREMENT 2. (a) No person shall be an owner in respect of a place of amusement within the geographic limits of the Town of Aurora without making application for, obtaining and maintaining, pursuant to the terms of this By-law, a place of amusement owner's license authorizing him to carry on such trade, calling, business or occupation in respect of that place of amusement. (b) No person shall be an operator in respect of a place of amusement within the geographic limits of the Town of Aurora without making application for, obtaining and maintaining, pursuant to the. terms of this By-law, a place of amusement operator's license authorizing him to carry on such trade, calling business or occupation in respect of that place of amusement. (c) Notwithstanding the provisions of this By-law, no person in respect of a place of amusement located in a premises licensed pursuant to the Liquor License Act and having five or fewer than five amusement devices is required to be licensed pursuant to this By-law. (d) Notwithstanding the provisions of this By-law, no person in respect of a place of amusement located in a premises that is not licensed pursuant to the Liquor License Act and having three or fewer than three amusement devices, is required to be licensed pursuant to this By-law. NATURE OF LICENSE 3. No person shall enjoy a vested right in the continuance of a license and the value of a license shall be the property of the Town and shall remain so irrespective of the issue, renewal or revocation thereof. 4. The licenses required by this By-law shall, unless they are expressed to be for a shorter or longer time, be for the period up to and including the 31st day of January in the year after the year of issuance, unless they are sooner forfeited or revoked. 5. No license shall be transferred or assigned and if an owner sells, leases or otherwise disposes of his interest in the trade, calling, business or occupation carried on at a place of amusement, his license in respect of such place of amusement shall, notwithstanding any other provision of this By-law, be revoked. 6. (a) 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 location only and such license shall be valid only for the location endorsed thereon; (b) 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 location only and such license shall be valid only for the location and the place of amusement endorsed on such license; - 3 - APPLICATION FOR LICENSE AND REVOCATION OF LICENSE 7. 8. (a) Every applicant shall appear in person before a Licensing Officer and shall complete a Places of Amusement Owner/Operator'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 a place of amusement 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 place of amusement owned by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof. {b) At the time of submission of its application, every applicant shall pay to the Town the fee set forth in Schedule "A" attached hereto and forming part of this By-law, provided such fee shall not be reduced in the event that the period for which the license is granted is less than one year. (c) Receipt of the application and/or the license fee by the Town shall not represent approval of the application for the issuance of a license nor shall it obligate the Town to issue such license. (a) Without limiting the generality of any other provision in this By-law, persons associated in a partnership applying for a license 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 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 for the partnership. {b) 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 and stead of the partnership. (c) No partnership shall be licensed as an owner in respect of a place of amusement unless that partnership is also an operator or some other person is licensed as an operator in respect of that place of amusement. {d) Without limiting the generality of any other provision in this By-law, every corpora.tion applying for a license shall file with the Licensing Officer, at the time of making its application, a copy of it's 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 shareholder and the address of his 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 shareholders of the corporation; and - 4 - (iv) the mailing address for the corporation. (e) No corporation shall be licensed as an owner in respect of a place of amusement unless that corporation or some other person is licensed as an operator in respect of that place of amusement. (f) 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. 9. The Licensing Officer shall: (a) receive and process all applications for licenses and renewal of licenses to be issued under this By-law; (b) coordinate the enforcement of this By-law; (c) generally perform all the administrative functions conferred upon him by this By-law; (d) make or cause to be made a circulation respecting the application which shall include circulation of the license application to the Medical Officer of Health and Municipal and Provincial Police Departments for comments. (e) make or cause to be made all investigations which he deems necessary to determine whether an applicant has or will have or continues to meet the requirements of this By-law and all applicable laws; (f) issue licenses to persons who meet the requirements of this by- law or after due consideration provide a report and ·recommendation to Council for its disposition with respect to each application which does not meet the requirements of this By-law; (g) upon receipt of Council's disposition with respect to each application for which a report and recommendation was made to Council pursuant to this By-law, execute and issue all licenses as directed by Council or refuse to issue a license as directed by Council or revoke a license as directed by Council; (h) where a license has been issued pursuant to this By-law and otherwise remains in full force and effect, renew the licenses of persons who meet the requirements of this By-law or, after due consideration, provide a report and recommendation to Council for its disposition with respect to each application for renewal that does not meet the requirements of this By-law and after receiving Council's disposition with respect to such license, renew the license as directed by Council or revoke the license as directed by Council. - 5 - 10. When an application for license is made in accordance with the provisions of this By-law and the applicant meets all the requirements of this By-law or as otherwise directed by Council, the Licensing Officer shall issue a license certificate which shall set out the expiry date of the license in accordance with this By-law and the applicant shall thereby be licensed. 11. Upon review of a license 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 license where: (a) The past or current conduct of the applicant or license holder affords reasonable grounds for belief that he will not carry on the trade, calling, business or occupation in respect of the place of amusement 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 place of amusement by the applicant or license holder will result in a breach of this By-law or any other applicable law; or (c) the applicant or license holder is a corporation or a partnership and its conduct or the conduct of its officers, directors, employees, agents or partners affords reasonable grounds for belief that its trade, calling, business or occupation in respect of the place of amusement will not be carried on in accordance with the law and with integrity and honesty; or (d) there are reasonable grounds for belief that the premises, accommodations, equipment or facilities in respect of which the license is required do not comply with the provisions of this By-law or any other applicable law; or (e) the conduct of the applicant or license holder or other related circumstances afford reasonable grounds for the belief that the carrying on by the applicant of the trade, calling, business or occupation in respect of the premises for which the license is sought would infringe the rights, or endanger the health or safety of other members of the public. 12. The Licensing Officer may suspend a license where there is reason to believe that a breach of this By-law has occurred or for any of the reasons that would form the basis of a Clerk's Report to seek Council's direction with respect to the issuance or renewal of a license. Such suspension shall take effect upon service of written notice thereof to the licensee and the license shall remain suspended for no more than fifteen days from the date of service of this notice. In order to continue this suspension beyond the fifteen day period, the Licensing Officer must prepare a Clerk's Report and receive Council's direction in this regard. 13. At any meeting of Council called in relation to a Clerk's Report to consider the issuance, renewal or revocation of a license, the applicant shall be accorded its rights pursuant to the Statutory Powers Procedures Act, including the right to appear and speak to the matter. 14. 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 license 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 set out as Schedule "C" attached hereto and forming part of this By-law and has provided all information requested thereon. -6 - 15. Any license that has not been renewed as at January 31st in the year after its issuance or renewal shall expire on February 1st in the year following its issuance or renewal. CHANGE OF STATUS 16. 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 license under this By-law, such person shall report the change to the Licensing Officer within seven (7) days of the change or the license issued herein may be revoked. 17. (a) 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. (b) 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. GENERAL REGULATIONS 18. 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 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 premises shall be kept in clean and sanitary condition at all times. (d) Every such premises shall be fully illuminated at all times. (e) Every such premises shall provide for use by the public at all times with adequate toilet and washroom accommodations in accordance with the regulations set forth under the Ontario Building Code Act (as amended). (f) Every such premises shall provide an unobstructed walkway having a width that is not less than 1.5 metres entirely around each amusement device. 19. (a) No owner shall permit any person other than a licensed operator to operate a place of amusement. -7 - (b) No operator shall operate a place of amusement in a premises for which the owner thereof has not obtained an owner's license under this By-law 20. No owner or operator shall carry on any trade, 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. 21. 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, a sign issued by the Licensing Officer bearing the words, "LICENSED PLACE OF AMUSEMENT NO. ", (inserting after "No." the owner's license number), and "Comments regarding this business may be made to the Town of Aurora Licensing Office at 727-1375." 22. Every owner and operator shall keep his license issued in respect of a place of amusement 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. 23. 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. 24. 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 Town Zoning By-law 2213-78 (as amended) 25. 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 Town Zoning By-law 2213-78 (as amended). 26. 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. HOURS AND DAYS OF OPERATION 27. No owner or operator shall operate or permit the operation of any place of amusement except during the times set forth below: DAYS Mondays to Fridays Saturdays Sundays FROM 3:30p.m. 9:00a.m. 12:01 p.m. TO 10:00 p.m. 10:00 p.m. 10:00 p.m. - 8 - LOCATIONAL RESTRICTIONS 28. No person shall own or operate or permit the operation of a place of amusement on land or premises abutting the following street or highways or on land that abuts a municipally owned reserve that abuts the following streets or highways; Yonge Street Wellington Street, East and West MISCELLANEOUS 29. The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this By-law shall be deemed to be a violation of the provisions of this By-law. 30. Every person shall comply with the provisions of this By-law applicable to him whether or not he is licensed under this by-law. 31. This By-law may be known as the Places of Amusement By-law. 32. Wherever notice or materials are required to be served upon or provided to any person pursuant to this By-law, such provision shall be deemed effective upon mailing of such materials by registered mail to the last address of that person as indicated upon license or other material filed with the Town or to the last assessed business address for the person indicated upon the Taxation Roll Books. OFFENCE AND PENALTY 33. Any person who contravenes any provision of this By-law is guilty of an offence and is liable, upon conviction, to the maximum penalty as prescribed by the Provincial Offences Act as amended from time to time and all such penalties and costs may be recovered under the Provincial Offences Act. REPEAL 34. By-law 3494-93 is hereby repealed. EFFECTIVE DATE 35. This by-law shall come into force and effect upon final passage hereof. READ A FIRST, SECOND AND THIRD TIME THIS 3dh DAY OF JANUARY 2001 SCHEDULE "A" TO BY-LAW NO. 4259-01.P Annual Fees for Places of Amusement Licenses 1 . Owner Place of Amusement: Initial License Renewal 3. Operator of a Place of Amusement: Initial License Renewal $350.00 $325.00 $125.00 $100.00