BYLAW - Consolidated Licensing Bylaw - 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, O. 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,
OFFICE CONSOLIDATION
This is a consolidation of the Town’s by-law to regulate licensing of business
establishments within the Town of Aurora being By-law No. 5630-14 as amended by By-law
No. 5837-16. This is prepared for reference and information purposes only. The following
consolidation is an electronic reproduction made available for information only. It is not an
official version of the by-law. Official versions of all bylaws can be obtained from the
Legislative Services Division by calling (905) 727-3123. If there are any discrepancies
between this consolidation and the By-laws, the By-laws shall prevail.
By-law Number 5630-14 (Consolidated) Page 2 of 81
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,
S.O. 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
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;
(j) “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;
(l) “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 (10%) 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;
By-law Number 5630-14 (Consolidated) Page 3 of 81
(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, III, 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) (Deleted by By-law No. 5837-16)
(x) “Head Trail Guide” means a person who has attained the age of
eighteen (18) years and has at least three (3) consecutive years’
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;
(jj) “Motorized Refreshment Vehicle” means any Refreshment Vehicle
that is powered by a motor;
(kk) “MTO” means the Ministry of Transportation of Ontario;
(ll) “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
By-law Number 5630-14 (Consolidated) Page 4 of 81
loaned and includes a person who offers a buy-back services in
relation to such articles;
(oo) (Deleted by By-law No. 5837-16)
(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
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. O. 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;
By-law Number 5630-14 (Consolidated) Page 5 of 81
(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;
(jjj) “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;
(lll) “Door to Door Sales Agent” means a person as defined in Schedule 7
of this by-law. (added by By-law No. 5837-16)
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;
(j) every person who carries on the business of teaching persons to
operate motor vehicles;
(k) every Door to Door Sales Agent; (amended by By-law No. 5837-16)
(l) 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;
By-law Number 5630-14 (Consolidated) Page 6 of 81
(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.
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;
By-law Number 5630-14 (Consolidated) Page 7 of 81
(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).
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
“A”; 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
By-law Number 5630-14 (Consolidated) Page 8 of 81
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
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.
By-law Number 5630-14 (Consolidated) Page 9 of 81
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
(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.
By-law Number 5630-14 (Consolidated) Page 10 of 81
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
10.(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
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-law, produce the License for inspection.
13.(2) Every person obtaining or holding a License under this by-law, 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
By-law Number 5630-14 (Consolidated) Page 11 of 81
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-
law 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-law 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;
(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;
By-law Number 5630-14 (Consolidated) Page 12 of 81
(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 PENALTIES
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.
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
By-law Number 5630-14 (Consolidated) Page 13 of 81
Schedule 2 – Places of Amusement
Schedule 3 – Auctioneers
Schedule 4 – Billiard Halls
Schedule 5 – Body Rub Parlours
Schedule 6 – Driving School Instructors
Schedule 7 – (Deleted by By-law No. 5837-16)
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 27th DAY OF MAY, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF MAY, 2014.
____________________________________
GEOFFREY DAWE, MAYOR
____________________________________
STEPHEN M.A. HUYCKE, TOWN CLERK
By-law Number 5630-14 (Consolidated) Page 14 of 81
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
By-law Number 5630-14 (Consolidated) Page 15 of 81
transaction or a number thereof, the License may be revoked despite the
Licensing Officer's prior approval of any one or more such transactions.
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-law 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 less than 1.8 metres from the floor and
provided that access to the designated area shall be through a door
having a height not less 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.
By-law Number 5630-14 (Consolidated) Page 16 of 81
11. Notwithstanding any other provisions of this by-law, the following provisions
constitute the sole regulations within this by-law 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:
(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.
(j) 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.
(l) 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.
By-law Number 5630-14 (Consolidated) Page 17 of 81
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.
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;
By-law Number 5630-14 (Consolidated) Page 18 of 81
(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
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;
By-law Number 5630-14 (Consolidated) Page 19 of 81
(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
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
By-law Number 5630-14 (Consolidated) Page 20 of 81
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
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:
By-law Number 5630-14 (Consolidated) Page 21 of 81
(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);
(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, Conc. 1E being Part 1 Plan 65R-14984 and
Part Lots 82, 83 & 84, Conc. 1E 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.
By-law Number 5630-14 (Consolidated) Page 22 of 81
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 (Consolidated) Page 23 of 81
SCHEDULE 2
Places of Amusement
1. In this Schedule:
(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;
By-law Number 5630-14 (Consolidated) Page 24 of 81
(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;
(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 9:00 am 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 (Consolidated) Page 25 of 81
SCHEDULE 3
Auctioneers
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 (Consolidated) Page 26 of 81
SCHEDULE 4
Billiard Halls
1. In this Schedule:
(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
By-law Number 5630-14 (Consolidated) Page 27 of 81
anyone authorized to enforce the provisions of this by-law, provide their name,
residential address and License pursuant to this by-law.
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 (Consolidated) Page 28 of 81
SCHEDULE 5
Body Rub Parlours
1. In this Schedule:
(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:
By-law Number 5630-14 (Consolidated) Page 29 of 81
(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;
(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
By-law Number 5630-14 (Consolidated) Page 30 of 81
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:
(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.
By-law Number 5630-14 (Consolidated) Page 31 of 81
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.
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,
By-law Number 5630-14 (Consolidated) Page 32 of 81
(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, Conc. 1E being Part 1 Plan 65R-14984 and Part Lots 82, 83 &
84, Conc. 1E being Parts 1-8, Plan 65R-11966;
(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.
By-law Number 5630-14 (Consolidated) Page 33 of 81
SCHEDULE 6
Driving School Instructors
1. Every Driving School Instructor shall:
(a) be of the full age of eighteen (18) years or older;
(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 (10) 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
By-law Number 5630-14 (Consolidated) Page 34 of 81
Town bearing an identifying number and indicating that such vehicle is
used in a business Licensed under this by-law;
(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;
(j) 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 (Consolidated) Page 35 of 81
SCHEDULE 7
Door to Door Sales Agents
(Replaced by By-law No. 5837-16)
1. In this by-law, “Door to Door Sales Agent” shall mean every person who goes
from door to door on foot or in a vehicle with goods or displays of goods,
wares, merchandise or services for sale or rent, or who enter into contract for
the sale or rental of goods or services which are to be delivered at a later date.
2. This section of the by-law does not apply to the following:
(a) wholesale or retail dealers of goods, wares or merchandise selling or
offering for sale items to businesses or institutions; or
(b) growers or producers of produce who offers for sale or sells only the
produce of his own farm.
3. 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
any highways, streets or lanes in the Town of Aurora before 8:00 a.m. or after
8:00 p.m. on any day.
4. No person who is Licensed to carry on the business of being a Door to Door
Sales Agent, shall employ:
(a) any person as a helper to assist in going from door to door who is not
Licensed to do so; or
(b) more than three helpers.
5. 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 (Consolidated) Page 36 of 81
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
By-law Number 5630-14 (Consolidated) Page 37 of 81
alcohol or a Drug on any premises used for the carrying on of the
business of a Horse Riding Establishment; or
(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 (10) 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
By-law Number 5630-14 (Consolidated) Page 38 of 81
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
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 (Consolidated) Page 39 of 81
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 (Consolidated) Page 40 of 81
(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
By-law Number 5630-14 (Consolidated) Page 41 of 81
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.
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;
(j) 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.
By-law Number 5630-14 (Consolidated) Page 42 of 81
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:
(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.
By-law Number 5630-14 (Consolidated) Page 43 of 81
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.
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;
By-law Number 5630-14 (Consolidated) Page 44 of 81
(i) be properly dressed, well groomed, neat and clean in personal
appearance and shall be appropriately dressed in a uniform or business
attire;
(j) 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;
(l) 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;
By-law Number 5630-14 (Consolidated) Page 45 of 81
(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;
(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;
(l) 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 (Consolidated) Page 46 of 81
SCHEDULE 10
Mobile Sign Installers
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-law
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-law.
By-law Number 5630-14 (Consolidated) Page 47 of 81
SCHEDULE 11
Refreshment Vehicles and Vendors
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 - 10
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:
By-law Number 5630-14 (Consolidated) Page 48 of 81
(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,
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:
By-law Number 5630-14 (Consolidated) Page 49 of 81
(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;
(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 thereof for 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;
By-law Number 5630-14 (Consolidated) Page 50 of 81
(i) milk, cream, sugar and all condiments shall be in single service
containers only;
(j) only disposable forks, knives, spoons, cups, plates and serviettes shall
be used; and
(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 (Consolidated) Page 51 of 81
SCHEDULE 12
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 9:00 p.m. and 9:00 a.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:
By-law Number 5630-14 (Consolidated) Page 52 of 81
(a) a valid driver’s license;
(b) a passport issued by the government of origin;
(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 (10) 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
($10.00) 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.
By-law Number 5630-14 (Consolidated) Page 53 of 81
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.
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.
17. This Schedule does not apply to persons who deal exclusively in one or more
of the following:
(a) books, magazines, or comics;
(b) clothing;
(c) children’s toys;
(d) musical instruments with a resale value of not more than $250.00 CAD;
or
(e) refrigerators, stoves, ranges, dishwashers, freezers, washers, dryers, or
parts thereof. (Added by By-law No. 6191-19)
By-law Number 5630-14 (Consolidated) Page 54 of 81
18. This Schedule does not apply to any of the following persons, when acting in
the discharge of their duties as:
(a) peace officers;
(b) trustees in bankruptcy;
(c) receivers;
(d) estate trustees; and
(e) charities, and persons acting on behalf of charities, registered under the
Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.)), as amended or
successor legislation thereof. (Added by By-law No. 6191-19)
By-law Number 5630-14 (Consolidated) Page 55 of 81
SCHEDULE 13
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 (10,000) 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/ 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:
(i) the Applicant or a person holding a valid Taxicab Driver License
employed by the Applicant to operate the vehicle as a Taxicab; or
(ii) in the case of a vehicle that is being leased, in the name of the
lessor in the vehicle portion and in the name of the Applicant, or
a person holding a valid Taxicab Driver License employed by the
Applicant to operate the vehicle as a Taxicab, in the plate portion
of the vehicle permit; (Replaced by By-law 5994-17)
(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
By-law Number 5630-14 (Consolidated) Page 56 of 81
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;
(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:
(iii) current registration of the Taxicab with the MTO;
(iv) current Owner License issued under this by-law; and
(v) 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.
By-law Number 5630-14 (Consolidated) Page 57 of 81
(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.
(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 (10) 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.
(j) 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.
(l) 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;
By-law Number 5630-14 (Consolidated) Page 58 of 81
(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
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, 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;
i) and upon License renewal to provide a Police Record Check that is
dated within ninety (90) days prior to the date of the renewal;
ii) and upon request, complete and file a declaration provided by the
Licensing Officer. (Replaced by By-law 5994-17)
(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:
iii) 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;
By-law Number 5630-14 (Consolidated) Page 59 of 81
iv) the geography of the Town and the surrounding area;
v) the use of a street guide; and
vi) 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;
(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;
By-law Number 5630-14 (Consolidated) Page 60 of 81
(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;
(j) 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;
(l) 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;
(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 shall 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;
By-law Number 5630-14 (Consolidated) Page 61 of 81
(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 shall
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 shall:
(a) carry liquor, wine or beer in any Taxicab at any time provided that this
paragraph shall 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;
(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;
(j) 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;
By-law Number 5630-14 (Consolidated) Page 62 of 81
(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;
(l) 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;
(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;
By-law Number 5630-14 (Consolidated) Page 63 of 81
(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;
By-law Number 5630-14 (Consolidated) Page 64 of 81
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;
(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;
(j) 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;
By-law Number 5630-14 (Consolidated) Page 65 of 81
(k) carry on business only in the name in which the Broker is Licensed;
(l) 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.
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, lessee 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-law 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-law,
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.
By-law Number 5630-14 (Consolidated) Page 66 of 81
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.
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.
By-law Number 5630-14 (Consolidated) Page 67 of 81
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,
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:
By-law Number 5630-14 (Consolidated) Page 68 of 81
(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
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.
By-law Number 5630-14 (Consolidated) Page 69 of 81
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:
(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,
By-law Number 5630-14 (Consolidated) Page 70 of 81
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;
(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 ten (10)
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. (Replaced by By-law No.
5994-17)
By-law Number 5630-14 (Consolidated) Page 71 of 81
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 Arial 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 Arial 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.
54. No Owner shall:
(a) 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;
(b) 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;
By-law Number 5630-14 (Consolidated) Page 72 of 81
(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.
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
By-law Number 5630-14 (Consolidated) Page 73 of 81
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
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:
By-law Number 5630-14 (Consolidated) Page 74 of 81
(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 (Consolidated) Page 75 of 81
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 $ 3.10
For each additional 200 meters or part thereof $ 0.40
For waiting time while under engagement for each 30 seconds $ 0.24
Non-Metered Rate - Waiting Time While Not Actively Engaged
For the first hour or part thereof $ 20.00
For each additional fifteen (15) minutes $ 5.00
Additional Charges
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-law Number 5630-14 (Consolidated) Page 76 of 81
SCHEDULE 14
Kennels
1. Every Applicant shall 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
By-law Number 5630-14 (Consolidated) Page 77 of 81
(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;
(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-law and nothing in this by-law 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 (Consolidated) Page 78 of 81
SCHEDULE “A”
Annual Fees for Licenses
(Section replaced by By-law No. 5857-16)
Column 1 Column 2 Column 3
License Fee Expiry Date
Adult Entertainment Parlour
Owner/Operator - Initial $ 1,790.00 January 31st
Owner/Operator - Renewal $ 1,540.00 January 31st
Entertainer - Initial $ 100.00 January 31st
Entertainer - Renewal $ 90.00 January 31st
Entertainer - Late Fee $ 25.00
Entertainer - I.D. Card $ 5.00
Place of Amusement
Owner/Operator - Initial $ 270.00 January 31st
Owner/Operator - Renewal $ 115.00 January 31st
Auctioneers
Initial $ 135.00 January 31st
Renewal $ 70.00 January 31st
Billiard Hall
Initial $ 365.00 January 31st
Renewal $ 270.00 January 31st
Body Rub Parlour
Owner - Initial $ 1,790.00 January 31st
Owner - Renewal $ 1,540.00 January 31st
Operator - Initial $ 845.00 January 31st
Operator - Renewal $ 820.00 January 31st
Provider - Initial $ 105.00 January 31st
Provider - Renewal $ 90.00 January 31st
Provider - Late Fee $ 25.00
Provider - I.D. Card $ 5.00
By-law Number 5630-14 (Consolidated) Page 79 of 81
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
Door to Door Sales Agents (Amended by By-law No. 5837-16)
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 (Consolidated) Page 80 of 81
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-Motorized - Short Term $ 50.00 Seven (7) Days
(inclusive of vendor permit)
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 (Consolidated) Page 81 of 81
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
I.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