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BYLAW - Billiard Hall - 20010130 - 426101PTHE CORPORATION OF THE TOWN OF AURORA BY-LAW NUMBER 4261-01.P BEING A BY-LAW for the licensing, regulating and governing of persons and proprietary clubs keeping billiard, pool or bagatelle tables. WHEREAS, Section 236 of the Municipal Act R.S.O. 1990 c.M.45 authorizes Councils of all Municipalities to pass by-laws for the licensing, regulating, governing of persons who for hire or gain and proprietary clubs that keep or have in their possession, or on their premises any billiard, pool or bagatelle table in a house or place of public entertainment; for limiting the number of licenses to be granted and the number of such tables that shall be licensed, and for revoking any such license. AND WHEREAS, the Council of The Corporation of the Town of Aurora deems it desirable to enact such a by-law; NOW THEREFORE, the Council of The Corporation of the Town of Aurora ENACTS AS FOLLOWS: 1. In this By-law: (a) "applicant" means a person applying for a license pursuant to this by-law; (b) "Council" means the Council for The Corporation of the Town of Aurora; (c) "license" means authorization under this By-law to carry on any trade or business specified herein; (d) "licensed" means licensed under this By-law; (e) "Licensing Officer" means Licensing Officer appointed by the Town and shall include the Municipal Clerk of the Town; (f) "Licensing Section" means the Licensing Section of the Clerk's Department; (g) "owner" includes a person who, alone or with others for hire or gain directly or indirectly, keeps or has in their possession or on their premises any billiard, pool or bagatelle table or who has any such table whether used or not in a house or place of public entertainment or resort. (h) "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. (i) "Town" means The Corporation of the Town of Aurora in the Regional Municipality of York. - 2 - LICENSE REQUIREMENT 2. (a) No owner shall for hire or gain and no proprietary club shall within the geographic limits of the Town of Aurora directly or indirectly, keep or have in their possession or on their premises any billiard, pool or bagatelle table or keep or have any such table, whether used or not, in a house or place of public entertainment or resort without making application for, obtaining and maintaining, pursuant to the terms of this By-law, a license therefore. (b) Notwithstanding the provisions of this By-law, no owner and no proprietary club shall be required to be licensed pursuant to this by-law in respect of any commercial premises wherein there are more than a combined total of three billiard, pool or bagatelle tables. 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. No owner and no proprietary club shall advertise or promote or carry on any trade, calling, business or occupation in relation to the keeping of billiard, pool or bagatelle tables under any name other than the name endorsed upon his or it's license. 5. 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. 6. No license shall be transferred or assigned and if an owner sells, leases or otherwise disposes of his interest in any trade, calling business or occupation carried on in respect of the keeping of billiard, pool or bagatelle tables or if a proprietary club is transferred to a new owner, this license shall, notwithstanding any other provision of this By-law, be revoked. 7. Every owner's and every proprietary club'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. APPLICATION FOR LICENSE AND RENEWAL OF LICENSE 8. (a) Every applicant shall appear in person before a Licensing Officer and shall complete an Owner/Proprietary Club 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 owner or proprietary club that is 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 owner or proprietary club that is 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. Fifty percent of such fee is refundable in the event that an application is not accepted for licensing. - 3 - (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. ,, -/ 9. (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) Without limiting the generality of any other provision in this By-law, every corporation 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 (iv) the mailing address for the corporation. (d) Every owner or proprietary club 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, such owner or proprietary club 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. 10. The Licensing Officer shall: - 4 - (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. 11. 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. 12. 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 activities of the proprietary club or any trade, calling, business or occupation in respect of the keeping of billiard, pool or bagatelle tables in accordance with law and with integrity and honesty; or (b) there are reasonable grounds for belief that the activities of the proprietary club or the carrying on of any trade, calling, business or occupation in respect of the keeping of billiard, pool or bagatelle tables 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 the activities of the proprietary club or the carrying on of any trade, calling, business or - 5 - occupation in respect of the keeping of the billiard, pool or bagatelle tables 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 activities of the proprietary club or the carrying on by the applicant of any trade, calling, business or occupation in respect of the keeping of billiard, pool or bagatelle tables for which the license is sought would infringe the rights, or endanger the health or safety of other members of the public. 13. 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. 14. 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. 15. 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. 16. 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 17. 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. 18. (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 - 6 - 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 19. No owner and no proprietary club shall keep any billiard, pool or bagatelle table or carry on any trade, calling, business or occupation in respect of a billiard, pool or bagatelle table other than from the premises endorsed on their license and at the location endorsed thereon: 20. No proprietary club and no owner shall keep any billiard, pool or bagatelle tables at any premises except in compliance with the following regulations: (i) The premises shall be provided with adequate light and ventilation; (ii) The premises and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition; (iii) The premises shall be equipped with an effective utility sink; (iv) 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). (v) Washrooms shall be equipped with: (1) an adequate supply of hot and cold water; (2) an adequate supply of liquid soap in a suitable container or dispenser; (3) hot air dryers or individual towels in a suitable container or dispenser; (4) a suitable receptacle for used towels and waste material; 21. No proprietary club and 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, a sign issued by the Licensing Officer bearing the words, "LICENSED BILLIARD HALL 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 proprietary club and 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. 23. Every owner and every senior employee of a proprietary club or owner who is in attendance at any premises having billiard, pool or bagatelle tables, whether engaged in their respective trade, calling, business or occupation at that time or not shall, upon a request made to them by any peace officer, By-law Enforcement Officer, Medical Officer of Health, or the Licensing Officer provide their name, residential address and license pursuant to this By-law. 24. No proprietary club and no owner shall permit any billiard, pool or bagatelle tables to be used in breach of any of the provisions contained in this by-law. - 7 - 25. No proprietary club and no owner 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. 26. No proprietary club and no owner shall permit any premises where billiard, pool or bagatelle tables are kept by him to be open for entry by members or clientele, unless the owner is in attendance in person or, in the case of both owners and proprietary clubs, is represented by a senior employee having full authority to take action on behalf of the owner or proprietary club and no owner or proprietary club shall permit any premises having billiard, pool or bagatelle tables to open for business, or remain open for business, or any table to be used therein, unless this section is complied with. 27. (a) No owner or authorized employee representative of an owner or a proprietary club 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. (b) For the purposes of this by-law, the word "drugs" shall be deemed to exclude patent medicines and prescription drugs required for medicinal purposes. (c) Every proprietary club and 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. 28. Every proprietary club and every owner and their authorized employee representative shall, while billiard, pool or bagatelle tables are being made available for use be neat and clean in his person and civil and well-behaved to members of the public with whom he is dealing. 29. No proprietary club and no owner shall keep any billiard, pool or bagatelle tables unless such tables are located so. that there is an unobstructed walkway of two (2) metres around each such table. 30. 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 Town Zoning By-law 2213-78 (as amended or successor legislation thereto). 31. No proprietary club and no owner shall keep any billiard, pool or bagatelle tables at any premises from which food is served unless such premises are licensed pursuant to Town By-law 2344-80 (the Victualling License By-law as amended or . successor legislation thereto) and in compliance with the requirements of the - 8 - Medical Officer of Health in respect of the food provided. 32. No proprietary club and no owner shall keep any billiard, pool or bagatelle tables at any premises except upon such lands as are zoned to permit such use pursuant to Town Zoning By-law 2213-78 (as amended). CONSTRUCTION AND EQUIPMENT OF PREMISES 33. (a) Within any premises used for the keeping of biniard, pool or bagatelle tables, the proprietary club and the owner shall designate the single room which shall be the only room within which billiard, pool or bagatelle tables may be kept and which room shall be open at all times to all persons attending the premises during the business hours of the premises. (b) No room, cubicle or other enclosure located within the premises used for the keeping of billiard, pool or bagatelle tables, other than the room designated pursuant to subparagraph (a) hereof, may be used for the keeping of billiard, pool or bagatelle tables and it shall be the duty of every proprietary club and every owner to ensure that this provision is complied with. (c) No door to any room or cubicle where billiard, pool or bagatelle tables are kept may be provided, save and except one room designated by the proprietary club or the owner and used as an office and one room designated 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 proprietary club and the owner to ensure that this provision is complied with. {d) Every proprietary club and every owner applying for a license under this By- law shall file with his application a floor plan of the premises to be used for the keeping of billiard, pool or bagatelle tables upon which shall be clearly designated the room wherein billiard, pool and bagatelle tables shall be kept, the room which shall be used as an office and the storage room, if any. In the event the owner or the proprietary club 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. (e) 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. (f) During the hours of business of any premises where billiard, pool or bagatelle tables are kept, it shall be the responsibility of the owner and of the proprietary club 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. MISCELLANEOUS 35. 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. -9 - 36. Every person shall comply with the provisions of this By-law applicable to him whether or not he is licensed under this by-law. 37. This By-law may be known as the Billiard Hall By-law. 38. (a) Every proprietary club and every owner shall, at all times during regular operating hours of the premises where billiard, pool or bagatelle tables are kept, permit the entry by and the inspection by a By-law Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. (b) No person shall obstruct or hinder the entry or the inspection of such premises by a By-law Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. 39. 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 40. Any person who contravenes the provisions of this By-law, including every person who fails to perform a duty imposed herein or who performs an act prohibited herein, is guilty of an offence and, upon conviction is liable to the maximum penalty pursuant to the provisions of the Provincial Offences Act (as amended). EFFECTIVE DATE 40. This By-law shall come into force and effect upon final passage hereof. 41. By-law 3495-93 is hereby repealed. READ A FIRST, SECOND AND THIRD TIME THIS 30th DAY OF JANUARY 2001. TOWN CLERK. SCHEDULE "A" THE CORPORATION OF THE TOWN OF AURORA BY-LAW NO. 4261-01.P The annual fee for each license for owners or proprietary clubs under the provisions of this By-law shall be the total of the flat fee and the fee per table as set forth below. 1. Initial Application (a) Flat Fee $425.00 (b) Fee Per Table $25.00 2. Renewals (a) Flat Fee $375.00 (b) Fee per Table $25.00