Harmonized Licensing By-law No. 2002 - 189

A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses.

The Council of the City of Ottawa enacts as follows:

DEFINITIONS AND INTERPRETATION
DEFINITIONS
1. In this by-law:
  "A-frame sign" means a self-supporting structure shaped like an "A" with one (1) or two(2) sign faces, with a base dimension not exceeding sixty centimetres (60cm) in width or seventy-five centimetres (75cm) in length, and a height not less than fifty centimetres (50cm) or greater than one metre (1m);
  "additional fee" means a fee imposed by the City on a business at any time during the term of the license for costs incurred by the City attributable to the activities of the business;
  "adult entertainment parlour" means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, live entertainment or services appealing to or designed to appeal to erotic or sexual appetites or inclinations;
  "adult entertainment operator" means a person who alone or with others operates, manages, supervises, runs or controls an adult entertainment parlour;
  "adult entertainment owner" means a person or persons who has or have the right to possess or occupy an adult entertainment parlour or who actually does possess or occupy an adult entertainment parlour or premises upon which an adult entertainment parlour is located;
  "adult entertainment performer" means any person other than a licensed adult entertainment owner or adult entertainment operator who provides at or in an adult entertainment parlour live entertainment or services designed to appeal to erotic or sexual appetites or inclinations;
  "all night dance event" means an event for gain or profit:
    (a) that offers live or pre-recorded music or both,
    (b) where any part of the event takes place between the hours of 0300 and 0900, and
    (c) where the principal activities include listening and dancing to music.
  "amusement place" means a place, building or structure or part thereof to which the public has access where entertainment or amusement facilities are provided and includes:
    (a) premises equipped with five (5) of more arcade machines or video display devices,
    (b) a bowling alley,
    (c) premises, including a proprietary club, with five (5) or more billiard, pool or bagatelle tables,
    (d) a golf driving range,
    (e) a roller skating or ice skating facility, and
    (f) a public hall.
  "animal" means any member of the animal kingdom, other than human;
  "auctioneer" means a person selling, renting or putting up for sale, goods, wares, merchandise or effects or livestock by public auction;
  "automotive sales, leasing or rental establishment" means any premises used for carrying on the business of buying, selling or leasing new or used motor vehicles;
  "automotive service station" means any premises where only minor or running repairs essential to the actual operation of motor vehicles are executed or gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, light bulbs, spark plugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled or greased or have their ignition adjusted, tires inflated or batteries charged;
  "bakeshop" means a premises where bread, baked goods, cakes or pies are made, offered for sale or sold;
  "building requirements" means the requirements set out in the Building By law being By-law No. 2001-258 of the City of Ottawa, as amended;
  "butcher shop" means a premises where fresh or frozen meat in quantities less than by the quarter carcass, fresh or frozen fish, manufactured meat products or all or any of them are sold, or offered or exposed for sale;
  "By-law Officer" means a person appointed by Council to enforce the provisions of this by-law and who may be referred to as an Inspector or Officer;
  "car washing establishment" means any premises which is used for the business of washing or cleaning motor vehicles by mechanical or manual means;
  "Chief License Inspector" means the person in the position of Director, By law Services in the Community and Protective Services Department of the City of Ottawa, or authorized subordinates or assistants or By-law Officers;
  "Chief of Police" means the Chief of Police of the Ottawa Police Service or authorized representative;
  "City" or "City of Ottawa" means the municipal corporation known as the City of Ottawa or the geographic area of the City of Ottawa, as the context requires;
  "City Solicitor" means the person occupying the position of Director, Legal Services in the Corporate Services Department of the City of Ottawa, or authorized representative;
  "classic, vintage or specialty vehicle" means a passenger motor vehicle that is not used as the owner's primary mode of transportation and is characterized by the vehicle's original or restored condition and special value based on its age, value, collectable nature, performance, or rareness;
  "Council" means the Council of the City of Ottawa;
  "designated entertainment area" means the area, approved by the Chief of Police and the Chief License Inspector, where live entertainment or services designed to appeal to erotic or sexual appetites or inclinations may be provided, such area to offer a clear and unobstructed view to entrances, disc jockey area, bar and other public areas;
  "driving instructor" means a person who teaches a person to operate a motor vehicle and receives compensation therefor;
  "driving school operator" means a person who carries on the business of teaching persons to operate motor vehicles;
  "eating establishment" means a premises where meals or meal portions are prepared or sold for human consumption in a form that will permit immediate consumption on the premises or elsewhere and without limiting the generality of the foregoing includes premises serving or selling food to the general public such as restaurants, cafes, cafeterias, dining rooms, lunch counters, catering services and ice cream parlours but does not include a refreshment vehicle;
  "employee" means any person working in or for the licensed premise whether or not that person receives remuneration for the work;
  "entertainment", for the purposes of public halls, means a concert, public luncheon, public dinner, show, public sporting event or variety program;
  "exhibition" means an event:
    (a) that is organized by a promoter,
    (b) that is held indoors or outdoors or both,
    (c) that is held on private or public property,
    (d) that has a theme or general subject,
    (e) that is comprised of five (5) or more participating individuals who are vending on their own behalf,
    (f) at which persons contract for display space from the promoter of the event for the purpose of offering goods for sale by retail for the duration of the exhibition or a segment of the exhibition, and
    (g) that is open to the public by any means, but does not include a flea market;
  "exotic animal" means an animal that is wild by nature and is not commonly or lawfully kept as a domestic, household pet in Canada and includes prohibited animals;
  "exotic animal entertainment event" means any exhibit, public show, circus, carnival or other display or act of entertainment using any live exotic animal and includes the use of any such animal in any film or television production;
  "exotic animal rescue and education establishment" means an establishment which exhibits, displays or houses any live exotic animal for purposes of rescue and education, and which has an exemption under Section 86 of By law No. 2003-77;
  "Fire Chief" means the Chief of the Ottawa Fire Services of the City or authorized subordinates or assistants;
  "flea market" means a place of business or an event:
    (a) that holds itself out to the public as:
      (i) a flea market, or
      (ii) a sale that is commonly referred to as a garage sale,
    (b) (b) that is held indoors or outdoors or both,
    (c) that is organized by an owner, operator or promoter,
    (d) at which persons contract for display space from the owner, operator or promoter for the purpose of offering goods for sale by retail,
    (e) that is comprised of five (5) or more participating individuals who are vending on their own behalf, and
    (f) that is open to the public by any means, but does not include an exhibition;
  "food premises" includes a bakeshop, a butcher shop and an eating establishment;
  "gas station" means any premises where the primary business is the sale of fuel to passenger vehicles but may also include the sale of other motor vehicle necessities such as motor oil, windshield wiper fluid and antifreeze;
  "Highway Traffic Act" or "HTA" means the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended, and the regulations passed thereunder;
  "inflatable sign" means a non-rigid, gas or air filled bag or balloon designed or used as an advertising device;
  "itinerant seller" means a person who goes from place to place or to a particular place with goods for sale by retail, or who carries and displays samples, patterns or specimens of any goods for the purpose of sale or hire that are delivered in the City afterwards, but does not include a person who sells to wholesale or retail dealers in similar goods;
  "license" means the actual license issued under this by-law;
  "License Committee" means the committee of council known as the License Committee;
  "licensed" means licensed under the provisions of this by-law;
  "licensee" means a person licensed under this by-law;
  "limousine" means a passenger motor vehicle, with a driver, with a seating capacity of not more than nine (9) persons, excluding the driver, that is used for hire for the purpose of transporting persons, and includes luxury vehicles, stretch vehicles and classic, vintage or specialty vehicles, but does not include station wagons, vehicles designed to accommodate seating for more than 10 persons or vehicles equipped with a taximeter;
  "limousine service" means a business providing pre-arranged passenger ground transportation services utilizing limousines;
  "live entertainment or services designed to appeal to erotic or sexual appetites or inclinations" means:
  (a) services of which a principal feature or characteristic is the nudity or partial nudity of any person. For the purposes of this clause "partial nudity" means less than completely or opaquely covered:
    (i) human genitals or human pubic region;
    (ii) human buttocks; or
    (iii) female breast below a point immediately above the top of the areola;
  (b) services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any other word or any picture, symbol, or representation having like meaning or implication is used in any advertisement;
  "livestock" means cattle, goats, horses, sheep or swine, or the young thereof;
  "luxury vehicle" means an unaltered passenger motor vehicle meeting the MVSA standards and having a designed seating capacity of between (4) and nine (9) occupants, excluding the driver, belonging to the luxury, high performance and full-size model;
  "manufactured meat products" means food that is the product of a process and that contains meat as an ingredient and includes meat that is processed by salting, pickling, fermenting, canning, drying or smoking or otherwise applying heat or to which edible fats, cereals, seasonings or sugar have been added;
  "salvage yard" means an establishment or premises where salvaged articles or things are stored wholly or partly in the open including derelict, discarded, abandoned or inoperable motor vehicles and includes a junk yard, a scrap yard and an automobile wrecking yard;
  "Medical Officer of Health" means the Medical Officer of Health of the City of Ottawa or authorized representative;
  "mobile sign" means a sign that is,
    (a) temporary,
    (b) designed for the manual rearrangement of copy on the sign face, and
    (c) part of, or attached to, a readily relocatable wheeled trailer or frame without wheels, for use in another location,
    but does not include,
    (d) a portable sign, or
    (e) a sign attached to a vehicle where the principle use of that vehicle is the transportation of people, goods or other materials;
  "motor vehicle" means a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended;
  "motor vehicle mechanic" means a person who is registered as a motor vehicle inspection mechanic pursuant to the Highway Traffic Act;
  "motor vehicle repair or body shop" means any premises where major repairs, body work or painting of motor vehicles are executed;
  "MVSA" means the federal Motor Vehicle Safety Act, 1993, c.16, as amended and its regulations or any successor legislation thereto;
  "notice of additional fee" means a written notice from the Chief License Inspector to a licensee advising them of the requirement to pay an additional fee;
  "Old Municipality" means the old municipalities of the City of Cumberland, the City of Gloucester, the Township of Goulbourn, the City of Kanata, the City of Nepean, the Township of Osgoode, the City of Ottawa, the Township of Rideau, the Village of Rockcliffe Park, the City of Vanier and the Township of West Carleton and "Old Municipalities" has a similar meaning;
  "parking lot" means land or a structure used for the parking of motor vehicles that is available for public use for compensation;
  "pedestrian mall or pedestrian promenade" means a mall or promenade established solely or principally as a pedestrian promenade by a by-law of the City of Ottawa, and includes the Sparks Street Mall;
  "person" means a natural person, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context may apply;
  "portable sign" means a rigid, free-standing, moveable sign not fastened by any means to the ground or any structure, and includes an A-frame sign;
  "premises" means a building or part of a building or a place where a person carries on or engages in any of the trades, callings, businesses or occupations described in Section 9 of this by-law;
  "pre-packaged foods" means food that is packaged at a premises other than the premises at which it is offered for sale;
  "private property" means all property in the City and includes property of the municipal, federal and provincial government, but does not include any of the sidewalks and streets thereof or the Sparks Street Mall;
  "prohibited animal" means an animal identified on Schedule "B" to By-law No. 2003-77 being a by-law respecting animal care and control;
  "promoter" means the person who organizes the all night dance event or the exotic animal entertainment event or the exhibition or the flea market , and whose responsibilities may include contracting with entertainers, security firms, owners of premises and advertisers and "promotes" has a similar meaning;
  "proof of insurance" means a certified copy of a policy of insurance or a Certificate of Insurance that shows the proof of liability coverage as required by the applicable Schedule to this By-Law issued by a company authorized to carry on the business of insurance in the Province of Ontario in accordance with the Insurance Act, R.S.O. 1990, Chap. I.8, as amended; such insurance policy shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage;
  "property standards requirements" means the property standards requirements set out in a Property Standards By-law of an Old Municipality applicable to the geographic area in which the property is located, or any by-law enacted in substitution therefor;
  "proprietary club" means all clubs other than those in which the use of any pool, billiard or bagatelle table is only incidental to the main objects of the club;
  "provide" when used in relation to live entertainment or services designed to appeal to erotic or sexual appetites or inclinations includes to furnish, perform, solicit or give such live entertainment or services and "providing" and "provision" have corresponding meanings;
  "public garage" includes an automotive sales or leasing establishment, an automotive service station, a car washing establishment, a gas station, a motor vehicle repair or body shop and a parking lot;
  "public hall" means a building or portion thereof including a portable building or tent that is offered or used as a place of public assembly for any meeting or entertainment and includes cloakrooms, washrooms, kitchens and other service rooms used in connection therewith but does not include a theatre licensed under the Theatres Act, R.S.O. 1990, Chap. T.6, as amended or a building or portion thereof except a tent used solely for religious purposes, a college, school or university when used for educational purposes only and a lodge when used for lodge purposes only;
  "public markets" means the public markets established by the Markets By-law Number 191-95 of the old Corporation of the City of Ottawa", as amended, and known as By Ward Market and Parkdale Market, or any by-law enacted in substitution therefor;
  "rickshaw" means a vehicle propelled by muscular power, including a pedal-powered vehicle, that is used for hire for the conveyance of persons;
  "rickshaw operator" means a person engaged in operating a rickshaw for or on behalf of another person who is the owner thereof and where an owner personally operates a rickshaw, shall include the owner;
  "rickshaw owner" means any person owning a rickshaw or having possession or control thereof under an installment purchase agreement or by way of rental;
  "safety standards certificate" means a safety standards certificate issued pursuant to Sections 88 to 100 of the Highway Traffic Act;
  "second-hand goods" means collector cards; coins; printed currency; valuable figurines; jewelry made of precious metal with or without precious or semi-precious stones; compact discs; computers; computer accessories including monitors, printers and fax modems; computer games; computer software including cartridges and discs; computer hardware; videos in both VHS and DVD formats; video games; electronic equipment; radios; television sets; tools; stereos; telephones; medals; musical instruments; photographic equipment; bicycles; sports equipment; leather jackets and watches;
  "second-hand goods shop" means a building or part of a building, booth, stall or place where second-hand goods are stored, displayed or offered for sale by retail, but does not include a shop where the rental of the goods represents at least seventy percent (70%) of the total gross sales of the shop;
  "seller" means any person who owns a second-hand good and sells, offers for sale or offers in exchange such second-hand good to a second-hand goods shop;
  "shop" means a building or part of a building, booth, stall or place or vehicle where goods are exposed, displayed or offered for sale by retail;
  "sign" means any visual medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction, information, identification, advertisement, business promotion or the promotion of a product, activity, service or idea;
  "sign face" means the portion of the sign upon, against or through which the message of the sign is displayed, but does not include the sign structure;
  "sign structure" means a structure that is constructed to support a sign face at ground level;
  "Snow Plow" means;
  (a) a motor vehicle as defined in the Highway Traffic Act (Ontario) equipped with a snow blower, snow plow or other snow clearing device, and
  (b) a self-propelled vehicle of a design commonly used for snow plowing or snow removal including a tractor while equipped with a snow blower, a snow plow or other snow clearing device, a front-end loader or a backhoe;
  "Snow Plow Contractor" means a person who is engaged in the business of contracting for the plowing or removal of snow on or from private property by means of a snow plow;
  "Snow Plow Operator" means a person who drives a snow plow;
  "stretch vehicle" means a passenger motor vehicle that is altered by a certified modifier, to elongate the passenger compartment, suspension, etc., meets the requirements set out under the MVSA and has a standard seating capacity for 9 occupants or less, excluding the driver;
  "taximeter" means a mechanical or electronic device operated by a power drive cable attached to the transmission of the motor vehicle which measures mechanically the distance traveled and computes the fare to be charged and further contains an independent timing device to compute the charge for waiting time;
  "temporary limousine" means a limousine registered with the Chief License Inspector in accordance with the provisions of this by-law to temporarily increase the number of vehicles available;
  "temporary sign" means a sign not permanently installed or affixed to any structure or building and includes:
  (a) an inflatable sign,
  (b) a mobile sign, and a
  (c) portable sign;
  "temporary sign lessor" means a person carrying on the business of leasing temporary signs in the City of Ottawa;
  "tobacco vendor" means the owner or operator of premises wherein tobacco products are sold by retail;
  "transaction record" means any document related to the purchase or taking in exchange of any second-hand good;
  "unobstructed" means without obstruction by walls, structures curtains or any other screen or enclosure;
  "zoning requirements" means the zoning requirements set out in a Zoning By-law of an Old Municipality applicable to the geographic area in which the property is located, or any by-law enacted in substitution therefor.
INTERPRETATION
2. (1) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.
  (2) Where the time for doing any act or taking any proceeding expires on a Saturday, Sunday or Public Holiday, the act or proceeding may be done or taken on the next workday.
  (3) Upon the expiration of the time prescribed for the doing of any act or the taking of any proceeding, the Chief License Inspector, the License Committee, and the Council are divested of all jurisdiction to deal with the application and the times prescribed shall not be enlarged or abridged or attempted to be enlarged or abridged by any of them.
  (4) Where notice is sent by registered mail, the date of service on the applicant is the date of the next work-day following the date of mailing.
  (5) Where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be standard time, provided however, if what is known as "daylight saving time" has been generally adopted in the City for any period of the year, under any statute, order-in-council, by-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law.
  (6) It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
ESTABLISHMENT OF LICENSE COMMITTEE
COMPOSITION
3.   The License Committee shall be composed of any five (5) members of the Emergency and Protective Services Committee of the City of Ottawa.
COMMITTEE COORDINATOR
4.   The Committee Coordinator of the Emergency and Protective Services Committee is designated the Committee Coordinator of the License Committee.
MEETINGS
5. (1) The License Committee shall meet regularly at 9:30 a.m. on the third Monday of every second month of the year.
  (2) A special meeting may be summoned at such a time and date as requested by the Chief License Inspector.
POWERS
LICENSE COMMITTEE POWERS
6. (1) The License Committee is authorized to administer the provisions of this by-law.
  (2) The License Committee is authorized to make the final decision in respect of the revocation or suspension of any license issued or the imposition of conditions on any licensee.
  (3) A majority of the five (5) members of the License Committee constitutes a quorum.
  (4) The License Committee, after a hearing, may revoke any or each of the licenses held by a licensee for cause and without limiting the generality of the foregoing for:
  (a) a breach of the law,
  (b) anything which may be in any way adverse to the public interest,
  (c) the belief that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity,
  (d) any other matter which the License Committee is authorized by law to consider, or
  (e) any violation of the provisions of this by-law.
  (5) The License Committee may suspend a license for cause for any period that is less than the unexpired part of the period for which it was issued in lieu of revocation as provided in subsection (4).
  (6) The License Committee may impose conditions as a requirement of obtaining, continuing to hold or renewing the license, including special conditions.
CHIEF LICENSE INSPECTOR'S AND BY-LAW OFFICER'S POWERS
7. (1) The Chief License Inspector is authorized to administer the provisions of this by-law on behalf of the City, including enforcement, together with such other By-law Officers as may be necessary.
  (2) In addition to subsection (1), the Chief License Inspector and such other By-law Officers are appointed by by-law of the City as Municipal Law Enforcement Officers pursuant to section 15 of the Police Services Act, R.S.O. 1990, Chap. P.15, as amended.
  (3) The Chief License Inspector may report to the License Committee any breaches by the licensee of this by-law with a request to consider the status of the license.
  (4) The Chief License Inspector may suspend any license in an emergency situation for the time and subject to the conditions set out in Section 44.
INSPECTION POWERS
8. (1) The Chief License Inspector is hereby authorized to:
  (a) inspect:
  (i) as much of any place or premise as is used for the carrying on of the business,
  (ii) any books, records or other documents of or relating to any such business, or
  (iii) each motor vehicle operated, provided or used in the business,
  (b) require that each motor vehicle operated, provided or used in the business be submitted for inspection, and
  (c) ensure that each licensee produces his or her motor vehicle for inspection at the time and place designated by the Chief License Inspector.
  (2) In addition to the inspection for motor vehicles referred to in subsection (1), motor vehicles shall be inspected in accordance with the Schedule regulating the business in which motor vehicles are operated, provided or used.
  (3) Upon the demand of the Chief License Inspector, the driver of any class of motor vehicle that is regulated under this by-law shall surrender for reasonable inspection, his or her driver's license issued under section 32 of the said Highway Traffic Act or under the law of another jurisdiction and the permit for the vehicle issued under section 7 of the said Highway Traffic Act or under the law of another jurisdiction.
  (3a) The Chief License Inspector may at any time of the day or night enter into any adult entertainment parlour to determine whether this by-law is being complied with and for this purpose make such examinations, investigations and inquiries as are necessary. (BL 2004-353)
  (4) No person shall obstruct, hinder or otherwise interfere with any of the inspections referred to in this section.
LICENSES
BUSINESS LICENSES
9. There shall be taken out by:
  (1) every auctioneer,
  (2) every driving instructor and every driving school operator,
  (3) every person who owns or operates a public garage;
  (4) every snow plow contractor;
  (5) every person who owns or operates an amusement place;
  (6) every person who promotes an all night dance event;
  (7) every person who owns or operates a food premises;
  (8) every person who promotes an exotic animal entertainment event;
  (9) every person who owns and operates an exotic animal rescue and education establishment;
  (10) every person who owns or operates a limousine service;
  (11) every adult entertainment owner and every adult entertainment operator;
  (12) every tobacco vendor;
  (13) every person who owns or operates a second-hand goods shop;
  (14) every person who owns or operates a salvage yard;
  (15) every rickshaw owner;
  (16) every rickshaw operator;
  a license authorizing them respectively to carry on business in the City;
LICENSES REQUIRED
10. No person shall carry on or engage in a business referred to in Section 9 until he or she has procured a license so to do.
APPLICATIONS AND ISSUANCE
APPLICATION FOR A LICENSE
11. (1) The following types of applications for the issuance of a license may be made:
  (a) an original license, and
  (b) the renewal of a license.
  (2) On the application for an original license or the renewal of a license respecting any of the businesses set out in Section 9, the applicant shall:
  (a) complete the prescribed forms,
  (b) furnish to the City such information as the City may direct to be furnished,
  (c) if a corporation, file copies of the letters of incorporation or other incorporating documents, duly certified by the proper government official or department, together with an annual return which contains a list of all shareholders of the corporation,
  (d) if a partnership, provide the names and addresses of each member of the partnership as well as the name under which they carry on or intend to carry on business,
  (e) file the completed application with payment in full of the processing fee, the late fee, if applicable, any outstanding additional fees, if applicable and the license fee as set out in Section 15, all in accordance with the City of Ottawa Policies and Procedures for Cash Handling issued by the City Treasurer. (BL 2004-488)
  (3) With respect to the payment required by clause (e) of subsection (2),
  (a) the processing fee payment and the late fee are non-refundable in whole or in part, and
  (b) the license fee payment shall,
  (i) if the license is granted, be applied toward the payment of the license fee for the license period in respect of which the license is issued, and
  (ii) if the license is not granted, returned to the applicant in accordance with subsection (3) of Section 21.
  (4) Despite subsection (2), the licensee shall, on the renewal of the license,
  (a) apply,
  (i) on or before the expiry date set out on the license,
  (ii) up to and including the fifteenth day after the said expiry date,
  (b) file, where applicable, any or all of the following:
  (i) proof of insurance,
  (ii) a safety standards certificate, except in the case of a new vehicle obtained directly from a motor vehicle agency within three (3) months from the effective date of the motor vehicle registration, or
  (iii) leasing agreement for the motor vehicle, and
  (c) exhibit, where applicable, Ontario Motor Vehicle Registration Permits for the license period for which the renewal is applied for, issued pursuant to the Highway Traffic Act.
  (5) In the event of a licensee not renewing the license on or before its expiration, the licensee may renew the license by making application therefor as hereinbefore provided up to and including the fifteenth day after the expiration of the license shall pay at the time of issuance of the license the license fee and the late fee set out in Section 15.
  (6) In the event of a licensee not renewing the license on or before the fifteenth day after its expiration, the licensee ceases to be a licensee and shall apply for an original license and shall pay at the time of issuance of the license the license fee and the late fee set out in Section 15.
  (7) Despite subsection (2), the Chief License Inspector may waive one or all of the requirements listed in paragraphs (c), (d), (e) or (f) of subsection (2) where the Chief License Inspector determines that the requirements of these paragraphs do not apply. (BL2003-311)
  (8) Despite clause 11(3)(b)(ii), a refund of the license fee shall not apply where the applicant has outstanding additional fees which exceed the license fee.
  (9) Despite clause 11(3)(b)(ii), where the outstanding additional fee is less than the license fee, the applicant shall receive only a refund of the difference between the license fee and the outstanding additional fee. (BL 2004-488)
INVESTIGATIONS FOR ISSUANCE OF LICENSE
12. (1) The Chief License Inspector shall, upon receipt of an application referred to in Section 11, make or cause to be made all investigations required by law or by the City relative to such application.
  (2) Despite subsection (1), the Chief License Inspector may renew the license upon being satisfied that, where applicable,
  (a) the Chief of Police has reported in writing as to the good character of the applicant, said report to be within one (1) month of the date of application, and
  (b) there is no report in writing on file to the effect that the licensee has failed to comply with any provision of this by-law or, where applicable, a condition on which the license was issued imposed by the License Committee for the period for which the license was granted.
CONDITIONS FOR ISSUANCE OF LICENSE
13. (1) An applicant for an original license, or the renewal of a license, is, subject to the provisions of this by-law, entitled to be issued the license, except where:
  (a) the applicant has not,
  (i) completed the prescribed application forms,
  (ii) delivered with the application payment in full of the processing fee, the late fee, if applicable, and the license fee as set out in Section 15 to be paid in respect of such license, or
  (iii) complied with the license requirements set out in this by-law for the applicable business,
  (b) the conduct of the applicant affords reasonable grounds for belief that the applicant has not carried on, or will not carry on, his or her business in accordance with the law and with integrity and honesty,
  (c) there are reasonable grounds for belief that the carrying on of the business by the applicant has resulted, or will result, in a breach of this by-law or any other law,
  (d) there are reasonable grounds for belief that the carrying on of the business may be adverse to the public interest or
  (e) any additional fee imposed on the applicant remains unpaid after the due date on the notice of additional fee is sent to the applicant.
  (2) Where two or more persons carry on or engage in partnership in any of the businesses set out in Section 9, the license shall be issued in the name of one partner only, but when the application for license is made, the name and address of each member of the partnership shall be set out therein as well as the name under which they carry on or intend to carry on business.
NOTICE OF ISSUANCE OF LICENSE
14. If the investigations referred to in Section 12 and the provisions of Section 13 are complied with and the issuance of the license has been approved, the Chief License Inspector may issue the license personally or send it by ordinary mail to the applicant at the address shown on the application.
FEES
15. (1) The fees shall be as set out in Schedule "A" to this by-law.
  (2) The license fee shall be the amount set out in Column 2 of Schedule "A" opposite the description of the license set out in Column 1 of Schedule "A".
  (3) Where an original application for a license is filed after the expiry of the first six months of the license period, the applicant shall pay at the time of issuance of the license one-half of the license fee set out in Schedule "A".
  (4) Where a licensee fails to comply with this by-law or fails to produce the vehicle for a scheduled inspection, and the Chief License Inspector re-schedules the inspection, the licensee shall pay the re-inspection fee set out in Schedule "A".
ADDITIONAL FEE
15A. (1) Despite any provision of this by-law, the Chief License Inspector may impose an additional fee, as set out in Schedule "A" to this by-law, on a licensee by way of a notice of additional fee at any time during the term of the license for costs incurred by the municipality attributable to the activities of the business.
  (2) The notice of additional fee shall,
  (a) be sent to the licensee by registered mail or served personally at the address last on file with the Chief License Inspector; and
  (b) provide the licensee with sixty (60) days from the date the notice of additional fee is received by the licensee to pay the outstanding amount. (BL 2004-488)
LICENSE PERIOD
16. Every license issued by the Chief License Inspector shall, unless it is expressed to be for a shorter or longer period of time, be for one (1) year and shall expire in each year on the date set out in Column 3 of Schedule "A" opposite the description of the license set out in Column 1 of Schedule "A".
LICENSE CERTIFICATE
17. (1) The License Certificate may be the invoice and shall be numbered and include:
  (a) the name of the licensee,
  (b) the business of the licensee,
  (c) the address of the business,
  (d) the category of the business license,
  (e) the date of issuance of the license,
  (f) the date of expiration of the license,
  (g) the make, model, serial number and motor vehicle registration number issued under the Highway Traffic Act, if applicable,
  (h) the word "transfer" and the number of the original license, if applicable.
  (2) Where an original license has been lost or destroyed, the Chief License Inspector, upon receipt of an affidavit to that effect, furnished by the original holder thereof or by some person having personal knowledge of the loss or destruction of the license, may issue a duplicate license to the licensee upon payment of the fee set out in Section 15.
ISSUANCE OF LICENSE
18. Upon issuance of a license, the Chief License Inspector shall furnish to the licensee the license certificate or validation sticker and such other items as set out in this by-law for the applicable business.
INSURANCE
19. (1) Every proof of insurance required pursuant to the provisions of this by-law shall be kept in force by the licensee for the period for which the license is in effect inclusive of any renewal thereof.
  (2) No licensee who is required to file proof of insurance with the Chief License Inspector shall fail to maintain in force and to renew the same in a timely manner and to pay the premium due thereon.
  (3) The Chief License Inspector shall, upon receipt of notice that a policy of insurance is to expire on a stated date, notify the licensee that unless further proof of insurance is filed on or before that day, his or her license will be suspended coincidently with the expiration of the policy of insurance.
  (4) If a licensee fails to file proof of insurance as required by subsection (3), the Chief License Inspector shall forthwith transmit a report to the Licensee Committee and the License Committee may consider the status of the license in accordance with the provisions of this by-law.
  (5) When a licensee decides to suspend business operations and not to keep the insurance required pursuant to the provisions of this by-law in force, the licensee may arrange to deliver his or her license to the Chief License Inspector for safekeeping until he or she decides to carry on the business operation and refile the proof of insurance required pursuant to the provisions of this by-law.
  (6) When a licensee has delivered his or her license pursuant to subsection (5), subsection (4) does not apply and the Chief License Inspector is not required to transmit the report to the License Committee pertaining to the consideration of the status of the license.
  (7) No person who has delivered his or her license pursuant to subsection (5) shall carry on the business for which the license was issued without refiling proof of insurance with the Chief License Inspector.
TRANSFERS
20. (1) When a person applies for a transfer of a license, the person to whom the license is to be transferred shall comply with the provisions of this by-law as if he or she was an original applicant.
  (2) When the person to whom the license is to be transferred has furnished satisfactory proof to the Chief License Inspector that he or she meets the requirements of this by-law and that such transfer is not prohibited by any other provision of this by-law, the Chief License Inspector shall issue a license to the transferee upon receipt of the transfer fee set out in Section 15, which license certificate shall comply with the provisions of Section 17.
  (3) Where the licensee dies during the currency of the license, the license may be transferred and the provisions of subsections (1) and (2) apply.
  (4) Where two or more persons carry on or engage in partnership in any of the businesses set out in Section 9, the license shall be issued in the name of one partner only, but when the application for license is made the name and address of each member of the partnership shall be set out therein as well as the name under which they carry on or intend to carry on business.
  (5) The licensee or another member of the partnership may apply in writing to the Chief License Inspector to change the named licensee to another member of the partnership, and provide proof of the members of the partnership; and the application shall be a transfer and the provisions of subsections (1) and (2) apply but the Chief License Inspector does not have to be furnished with satisfactory proof that the premises meet the requirements of the by-law.
  (6) When a licensee proposes to move or relocate his or her premises, the licensee shall apply for a transfer of the license from one premises to the other premises, and the Chief License Inspector, upon being furnished with satisfactory proof that the premises meet the requirements of this by-law and that such transfer is not prohibited by any other provision of this by-law, shall transfer the license upon receipt of the transfer fee set out in Section 15.
  (7) Every person who replaces the motor vehicle for which the license was issued shall apply for a transfer of the license from the one (1) motor vehicle to the replacement motor vehicle and shall, where applicable:
  (a) file,
  (i) proof of insurance, and
  (ii) a safety standards certificate, and
  (b) exhibit the Ontario Motor Vehicle Registration Permit for the replacement vehicle,
  and the Chief License Inspector, upon being furnished with satisfactory proof that the motor vehicle meets the requirements of this by-law shall transfer the license upon receipt of the transfer fee set out in Section 15.
  (8) Every person who purchases a business from a licensee shall apply for a transfer of the license in accordance with the provisions of subsections (1) and (2).
  (9) In the event of an applicant for a transfer being refused by the Chief License Inspector, the Chief License Inspector shall give the applicant notice of his or her refusal in writing, said notice to be served personally or by registered mail to the applicant at the address shown on the application.
  (10) An applicant in receipt of a notice given pursuant to subsection (9), may apply in writing to the License Committee for a review of the refusal of the Chief License Inspector to issue the transfer applied for by filing with the Chief License Inspector his or her application for a review and the provisions of Section 21 apply in like manner.
REFUSAL, REVOCATION AND SUSPENSION OF A LICENSE
REFUSAL OF ISSUANCE OF LICENSE
21. (1) The Chief License Inspector shall refuse to issue to the applicant the license applied for if the conditions for issuance in Section 13 have not been met.
  (2) The Chief License Inspector shall give the applicant notice of the refusal to issue the license applied for in writing, said notice to be served personally or by registered mail to the applicant at the address shown on the application.
  (3) The Chief License Inspector shall return the license fee paid at the time of the application in respect of such license after the expiration of fourteen (14) days of having served the notice provided that an application for review of the refusal to issue the license has not been filed.
APPLICATION FOR REVIEW OF REFUSAL TO ISSUE
22. An applicant in receipt of a notice of refusal given pursuant to Section 21 may, within fourteen (14) days of having been served the notice, apply in writing for a review of the refusal to issue the license applied for by filing the request for a review with the Chief License Inspector, and the provisions of Sections 24 to 28 shall apply.
REPORT FOR REVIEW OF STATUS OF LICENSEE
23. The Chief License Inspector may report to the License Committee any breaches by the licensee of this by-law with a request to consider the status of the license.
DATE OF REVIEW HEARING
24. The Chief License Inspector,
  (a) upon receipt of the application referred to in Section 22, or
  (b) upon reporting to the License Committee as set out in Section 23, shall determine a date with the Committee Coordinator of the License Committee for the review hearing by the License Committee which shall be at least fourteen (14) days hence.
NOTICE OF REVIEW HEARING
25. Upon determination of the review hearing date, the Chief License Inspector shall give notice in writing to the applicant or licensee, said notice to:
  (a) include a statement,
  (i) as to the time, date, place and purpose of the review hearing, and
  (ii) that, if the applicant does not attend the review hearing, the License Committee may proceed in the absence of the applicant or licensee and the applicant or licensee will not be entitled to any further notice,
  (b) be served personally or by registered mail to the applicant or licensee at the address last on file with the Chief License Inspector, and
  (c) where the good character, propriety of conduct or competence of a licensee is an issue, contain reasonable information of any allegations with respect thereto.
HEARING
26. (1) The License Committee shall hold the review hearing at the time, place and date set out in the notice referred to in Section 25.
  (2) The applicant or licensee may be represented at the review hearing by counsel, and the applicant or licensee or the counsel shall have the right to adduce evidence, submit argument in support of the application for a license or the status quo of the license and cross-examine witnesses adverse in interest.
  (3) The City shall be represented at the review hearing by either the Chief License Inspector or the City Solicitor, who is entitled to adduce evidence and submit arguments in reply to evidence and argument on behalf of the applicant or licensee.
  (4) At the review hearing, the onus shall be upon the applicant or licensee to show cause why,
  (a) the license applied for should be granted,
  (b) the license should not be suspended or revoked , or
  (c) conditions should not be imposed on the license.
  (5) All review hearings shall be public hearings unless the applicant or licensee requests that the hearing be held in camera and the License Committee may approve the request by a simple majority in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended.
  (6) The License Committee's decision shall be final and binding.
LICENSE COMMITTEE DECISION
27. The License Committee shall give its decision in writing to the Chief License Inspector within seven (7) days of the date of the completion of the review hearing.
WAIVER OF HEARING
28. Despite any of the provisions of this by-law, any proceedings may be disposed of by a decision of the License Committee given,
  (a) without a hearing, or
  (b) without compliance with any other requirements of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended, or of this by-law incorporating such requirements,
  where the licensee has waived such hearing or compliance.
IMPLEMENTATION OF LICENSE COMMITTEE DECISION
29. (1) The Chief License Inspector shall notify the applicant or licensee of the decision by serving a copy personally or by registered mail to:
  (a) the applicant or licensee at the address shown on the application, or last on file with the Chief License Inspector, or
  (b) the counsel or agent of the applicant or licensee, if any, at the address as stated to the License Committee.
  (2) If the decision rendered is to grant the applicant the license applied for, the license shall be issued.
  (3) If the decision is to suspend or revoke the license, the licensee shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, return the license to the Chief License Inspector, and the Chief License Inspector shall have access to any premises or other property of the licensee for the purpose of receiving or taking the same.
  (4) If the decision is to impose conditions on the license, the licensee shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, advise the Chief License Inspector as to his or her acceptance of the conditions.
NOTIFICATION OF CHANGES
NOTIFICATION ON HAPPENING OF CERTAIN EVENTS
30. (1) Every licensee shall notify or cause to be notified the Chief License Inspector in writing within seven (7) days of the happening of the following events:
  (a) any change in the licensee's address or telephone number,
  (b) sale, transfer or termination of the business,
  (c) retirement,
  (d) in the situation where the licensee provided the name and address of his or her business affiliate or employer, any change in the named business affiliate or employer, or
  (e) any change of address, telephone number or Ontario License Plate Number of a motor vehicle that is registered with the Ontario Ministry of Transportation and any change of motor vehicle ownership and appropriate insurance endorsement.
  (2) In the case of the death of the licensee, the person administering the estate should notify or cause to be notified the Chief License Inspector in writing.
GENERAL REGULATIONS
LICENSE AVAILABILITY
31. (1) Subject to subsection (3), every person obtaining a license under this by-law shall carry the said license upon his or her person.
  (2) Every licensee shall, when so requested by the Chief License Inspector, produce the license for inspection.
  (3) Every person obtaining a license under this by-law where the same applies to premises shall ensure that his or her license is posted up in some prominent position on the premises, so as to visible to the public.
FALSE OR INCORRECT INFORMATION
32. No person shall give false or incorrect information for the purposes of obtaining a license.
SUBJECT TO LAWS
33. All licenses are subject to all applicable Acts, regulations and by-laws.
PROPERTY OF THE CITY
34. (1) No person shall enjoy a vested right in the continuance of a license and upon the issue, cancellation or suspension thereof, the value of a license shall be the property of the City.
  (2) Every decal furnished pursuant to this by-law shall be and remain the property of the City and shall be returned to the City or removed whenever required to do so by the Chief License Inspector.
DUTY TO COMPLY
35. 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 in respect of which the license is issued, observe, comply with and be governed by this by-law.
NO DISCRIMINATION
36. No person licensed under this by-law shall, because of race, colour or creed, discriminate against any member of the public in the carrying on of the business in respect of which the license is issued.
GUIDE DOGS
37. No person licensed under this by-law shall refuse to permit a dog, while serving as a guide or leader for a blind person, to enter and remain on his or her premises or to enter and remain in his or her motor vehicle during the carrying on of the business in respect of which the license is issued.
EMPLOYEES ACTS
38. Every licensee shall be responsible for the act or acts of any of his or her employees or any person associated with the licensee in the carrying on of any of the businesses authorized by his or her license in the same manner and to the same extent as though such act or acts were done by the licensee.
CONDITIONAL LICENSES
39. (1) Every licensee shall comply with every condition imposed upon the license.
  (2) Every licensee who fails to comply with subsection (1) is guilty of an offence.
OFFENCES AND PENALTIES
OFFENCES
40. Every person who contravenes any of the provisions of this by-law is guilty of an offence.
FINES
41. (1) Every person who is convicted of an offence under this by-law is liable to a fine of not more than twenty-five thousand ($25,000.00) dollars as provided for in the Municipal Act, R.S.O. 1990, Chap. M.45, as amended.
  (2) Where a corporation is convicted of an offence under this by-law, the maximum penalty that may be imposed on the corporation is fifty thousand ($50,000) dollars and not as provided by subsection (1) in accordance with the Municipal Act.
PROHIBITION ORDER
42. When a person has been convicted of an offence under this by-law,
  (a) the Ontario Court of Justice or
  (b) any court of competent jurisdiction thereafter
  may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.
LICENSE SUSPENSION OR REVOCATION
43. In addition to any other penalty, a license issued under the authority of this by-law may be suspended or revoked upon such grounds and in accordance with such procedural provisions as are set out in this by-law.
44. (1) With respect to the temporary suspension of a license, summary suspensions may be for a minimum period of twenty-four (24) hours and for a maximum period of fourteen (14) days; if the violation has been corrected after the twenty-four (24) hour period, the license may be reinstated.
  (2) Summary suspensions may be initiated by the Chief License Inspector or By-law Officer in any situation that has resulted or may reasonably be expected to result in an emergency situation and without limiting the generality of the foregoing, these situations may include:
  (a) where the licensee has breached any law,
  (b) where the licensee has done anything that is in any way adverse to the public interest,
  (c) where a motor vehicle is deemed to be mechanically unsafe, including but not limited to body damage with sharp edges, holes in the floor boards, unserviceable tires, doors not closing properly, wire protruding from the seat or any other mechanical defect that would render the motor vehicle unsafe,
  (d) where a cheque is returned marked "NSF" for the payment of a license fee and in such cases, the license shall be suspended until the license fee is paid,
  (e) where there is misuse of a license by a licensee taking a license decal from one vehicle and affixing it to another vehicle which is not approved for licensing purposes,
  (f) where an inspection has been performed on a motor vehicle for transfer of a license and the licensee fails to effect the transfer, the license shall be suspended should the operator carry on business with the replacement vehicle,
  (g) where a leasing agreement has expired and the lessee has failed to renew it, the license may be suspended if the lessor continues to work while the licensing agreement is expired, or
  (h) where a licensee's liability insurance has expired and he or she continues to carry on business for which the license was issued, the license shall be suspended.
(BL2003-311)
  (3) Prior to suspending a licence, the Chief Licence Inspector shall provide the licensee with the reasons for the suspension either orally or in writing and an opportunity to respond to them.
  (4) The Chief License Inspector will be advised immediately of all summary suspensions.
  (5) The License Committee will be advised on a quarterly basis of all suspension actions initiated summarily.
  (6) The suspension of a licence pursuant to this section is lifted after the expiration of two (2) weeks from the date of suspension or after the first meeting of the Licence Committee after the suspension, whichever occurs first.
45. Where a license has been suspended or revoked, no person shall refuse to deliver the license to the Chief License Inspector or shall in any way prevent or hinder the Chief License Inspector from receiving or taking the same.
46. No licensee shall operate or carry on the business for which the license was issued while the license is under suspension.