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Businesses Regulated by Licensing - By-law No. 2002-189

Auctioneers - Schedule No. 1

Section 1 - License required

  1. A person selling, or putting up for sale, goods, wares, merchandise or effects or livestock by public auction shall obtain a license so to do.
  2. The following licenses may be issued:
    1. a License "A" to an auctioneer for a license period of one (1) year, and
    2. a License "B" to an auctioneer for a specific license period based on the number of days of the public auction.

Section 2 - Conditions for issuance of auctioneer's license

  1. No applicant for an Auctioneer's License shall be issued a license unless:
    1. the applicant is at least eighteen (18) years of age, and
    2. the premises from which it is proposed to carry on the business comply with the zoning, building and property standards requirements of the City if situated within the City.

Section 3 to 6 - Regulations

Section 3

No auctioneer shall conduct or permit to be conducted in his or her premises any mock auction, or knowingly or willingly permit to be made any misrepresentations as to the quality, or value of any goods, wares, merchandise or effects which may be offered for sale by him or her.

Section 4

Every person who exercises the business of an auctioneer shall at the place of each auction, prominently display his or her name and business address, and shall in all public advertisements of any nature used in the course of the business include his or her name and business address in such advertisement.

Section 5

  1. No auctioneer shall,
    1. do any act that is calculated to or which may reasonably have the effects of confusing a purchaser as to the amount he or she pays for any article or articles,
    2. avail himself or herself of the services of or act in concert with persons known in the trade as "beaters", "boosters" or "shills" for the purpose of raising or stimulating bids,
    3. sell or put up for sale by auction any goods, wares, merchandise or effects on a reserve bid basis without first having announced clearly to those in attendance at the auction the fact of such reserve bid, or
    4. advertise for sale prior to the auction any goods or merchandise which are not available for sale at the time, date and place of the auction.

Section 6

Every licensee shall ensure that all stationery, forms, bills, invoices, statements and any other printed or written advertising material including any published advertisement in a newspaper used in the course of business, bears his or her name, and business address.

Section 7 - Transaction records

  1. Every auctioneer shall keep proper books of account of the business transacted by him or her as an auctioneer, which books shall include:
    1. the names and addresses of the owners of the goods, wares or merchandise to be sold, and the description of same,
    2. the price for which the same may be sold,
    3. the names and addresses of the persons purchasing such goods, wares and merchandise, or any portion thereof.
  2. Every auctioneer shall forthwith, after the sale of the goods, wares or merchandise, or any portion thereof, account for the proceeds and pay the same to the person or persons entitled to such proceeds, less his or her legal commissions and charges; and shall in case no sale is made of such goods, on payment of his or her proper costs and charges, return such goods to the person or persons entitled to receive the same on property demand being made therefore, provided that this section shall not in any way affect or invalidate the claim of any auctioneer for goods warehoused with him or her, and on which he or she shall have made advances.

Section 8 - Transfers

An auctioneer's license shall not be transferable except where the license is held by a partnership or duly incorporated company, for and on behalf of an individual, and it is deemed necessary by such partnership or company to dispense with the services of the individual in question and to nominate some other person in his or her place and stead, in accordance with the provisions of Section 20 of the general provisions.

Section 9 and 10 - Exemptions

Section 9

This by-law does not apply to a sheriff or bailiff offering for sale goods or chattels seized under an execution or distrained for rent.

Section 10

This by-law does not apply to a person licensed to engage in the business of operating community sales of livestock under the Livestock and Community Sales Act R.S.O. 1990, Chap. L.22.

Driving School Operators and Driving Instructors - Schedule No. 2

Section 1 - License required

  1. The following types of licenses may be issued:
    1. License "A" to a Driving School Operator,
    2. License "B" to a Driving Instructor.

Section 2 - Conditions for issuance of a driving school operator's license

  1. No applicant for a Driving School Operator's License "A" shall be issued a license unless:
    1. the applicant is engaged in the business of a driving school operator,
    2. the applicant is at least eighteen (18) years of age,
    3. the premises from which it is proposed to carry on the business,
      1. are located in Ontario, and
      2. comply with the zoning, building and property standards requirements of the City if situated within the City,
    4. the applicant has filed proof of insurance for each of the motor vehicles to be used in the business in accordance with the requirements of Section 9 hereof,
    5. the applicant has filed a declaration stating the make, model serial number and Ontario registration permit number issued pursuant to the Highway Traffic Act for each of the motor vehicles to be used in the business,
    6. the applicant has filed a safety standards certificate for each of the motor vehicles to be used in the business, except in the case of a new motor vehicle obtained directly from a motor vehicle agency within six (6) months from the effective date of the motor vehicle registration,
    7. the motor vehicles to be used in the business have been inspected by the Chief License Inspector and comply with Section 7 hereof, and the applicant has paid the inspection fee, as applicable,
    8. the applicant has filed a declaration stating the name and address of each driving instructor who is teaching in the business,
    9. each driving instructor listed in the declaration referred to in paragraph (h) holds a valid Driving Instructor's License "B" of the City, and
    10. the Chief of Police has reported in writing as to the good character of the applicant.
  2. No applicant for a Driving Instructor's License "B" shall be issued a license unless:
    1. the applicant is the holder of a current driving instructor's license issued pursuant to the Highway Traffic Act, and
    2. the Chief of Police has reported in writing as to the good character of the applicant.

Section 3 and 4 - General conditions for issuance of a license

Section 3

Upon application in accordance with the provisions of this by-law, a person may be the holder of a License "A" and a License "B".

Section 4

A separate driving school operator's license shall be obtained for each separate business address.

Section 5 - Issuance of license

Upon issuance of a Driving School Operator's License "A", the Chief License Inspector shall furnish to the licensee, in addition to the license, one (1) decal bearing the letter "D" for each of the motor vehicles to be used in the business, except where a decal has already been furnished for any of the said motor vehicles.

Section 6 - Display of decal

Every licensed driving school operator shall ensure that the decal furnished pursuant to Section 6 is properly affixed to the right rear window of the driving instruction motor vehicle for which it has been issued within twenty-four (24) hours of it being furnished by the Chief License Inspector so as to be clearly visible from outside of the vehicle during the currency of the license.

Section 7 and 8 - Vehicle standards

Section 7

  1. Every driving school operator shall ensure that every motor vehicle used in his or her business is:
    1. equipped with a dual control braking system in good working order placed in a position for ready use by the instructor seated beside the student driver,
    2. maintained in good repair so that it is mechanically safe,
    3. maintained so that it does not have body damage with sharp edges, holes in floorboards, unserviceable tires, doors not closing properly, wire protruding from the seat, or any other mechanical defect that would render the motor vehicle unsafe,
    4. ensure that the motor vehicle is maintained,
      1. in a clean condition as to its exterior, and
      2. in a clean and dry condition as to its interior,
  2. ensure that the interior of the motor vehicle is free of articles left by passengers,
  3. equipped with snow tires or all-season radial tires from November 1 to March 31, and
  4. equipped with a plastic roof sign that shall,
    1. have the name of the driving school on the front and back of the sign,
    2. be at least twenty (20) centimetres high by sixty-five (65) centimetres wide,
    3. be lighted, and
    4. be securely affixed to the roof of the motor vehicle, except that the roof sign may be removed when the vehicle is not being used for the purposes of driving instruction in his or her business.

Section 8

No driving instructor shall use a motor vehicle that does not comply with Section 7 for teaching a person to operate a motor vehicle.

Section 9 - Insurance

Every driving school operator shall file with the Chief License Inspector proof of insurance for motor vehicle liability, endorsed to include Ontario Policy Change Form (OPCF) 6D for "Driver Training School" operations, in the amount of not less than Two Million ($2,000,000.00) Dollars inclusive per occurrence for bodily injuries, property damage and accident benefits, and including damage occasioned by any accident arising out of the operation of any motor vehicle to be used in the business in respect of which a license is applied for; 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.

Section 10 to 17 - General regulations

Section 10

No driving school operator shall permit or allow any motor vehicle to be used in his or her business that is not listed in the declaration filed with the Chief License Inspector pursuant to paragraph (e) of subsection (1) of Section 2 hereof or added to the declaration pursuant to Section 12 hereof.

Section 11

No driving instructor shall use any motor vehicle that is not listed in the declaration filed by the driving school operator with whom he or she is affiliated pursuant to paragraph (e) of subsection (1) of Section 2 hereof or added to the declaration pursuant to Section 12 hereof for teaching a person to operate a motor vehicle.

Section 12

Where a licensed driving school operator requests to add a motor vehicle to the declaration filed pursuant to paragraph (e) of subsection (1) of Section 2 hereof, the motor vehicle shall first be inspected by the Chief License Inspector and shall comply with Section 7 hereof, and the operator shall pay the inspection fee, as applicable. (2) Where a motor vehicle has been inspected by the Chief License Inspector and found to comply with Section 8 hereof pursuant to subsection (1), the Chief License Inspector shall furnish one (1) decal for the motor vehicle to be affixed to the motor vehicle in the manner prescribed by Section 6 hereof.

Section 13

No licensee shall take a license decal from one vehicle and affix it to another vehicle that is not approved for licensing purposes.

Section 14

No driving school operator shall permit or allow any person other than a driving instructor licensed pursuant to this by-law to do any driving instruction in the City.

Section 15

Every driving school operator shall advise the Chief License Inspector of all changes in his or her staff or affiliates of licensed instructors within seven (7) days of the occurrence of such change.

Section 16

No licensee shall instruct or cause instruction to be given to any student driver unless the student driver is the holder of a valid driver's license or temporary instruction permit issued pursuant to the said Highway Traffic Act. Section

Section 17

A student driver may request that he or she be accompanied by one (1) person other than the driving school instructor and the driving school instructor shall ensure that the request is complied with and the other person shall be seated in the back seat of the motor vehicle.

Section 18 - Transfer of license

No driving school instructor's license shall be transferable.

Section 19 - Exemption

This Schedule does not apply to persons who own or operate a private vocational school that offers training in the operation of transport trucks and their driving instructors.

Public Garages - Schedule No. 3

Section 1 and 2 - License required

Section 1

A separate license shall be obtained in respect of each premise to be operated pursuant to this by-law.

Section 2

Every person required to obtain a license shall indicate on the license application whether an automotive sales or leasing establishment, an automotive service station, a car washing establishment, a gas station, a motor vehicle repair or body shop or a parking lot are operating on the premise.

Section 3 - Conditions for issuance of a public garage license

  1. No applicant for a Public Garage license shall be issued a license unless:
    1. the applicant is at least eighteen (18) years of age,
    2. the public garage complies with the zoning, building and property standards requirement of the City,
    3. the Fire Chief has reported, in writing, that the premises are suitable for the purpose of a public garage and comply with fire regulations,
    4. in the case of an automotive service center, a car washing establishment or a motor vehicle repair or body shop, a certificate of approval issued pursuant to the Environmental Protection Act is provided in respect of any plant, structure, equipment, apparatus or mechanism to be used in the operation of such an establishment where the obtaining of such a certificate is required by the provisions of the Act, and
    5. the applicant has paid the fees set out in Schedule "A" entitled "Relating to Fees".

Section 4 - Insurance

Every licensee shall file with the Chief License Inspector proof of insurance of Comprehensive/General Liability insurance coverage subject to a limit of not less than One Million dollars ($1,000,000.00) per occurrence for bodily injury, death and damage to property arising out of the operation of the public garage.

Section 5 - License expiry date

Every public garage license shall expire on April 30 of each year.

Section 6 to 18 - General regulations

Section 6

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 7

  1. No person licensed under this schedule shall use or permit the land of the public garage to be used, except in an enclosed building, for:
    1. the purpose of storing motor vehicles which are in a state of disrepair for a period in excess of 30 days, except where he or she is required to retain the motor vehicle for a longer period by law, or
    2. vulcanizing tires or tubes.

Section 8

No licensee shall permit the engine of a motor vehicle in any building to run, whether on a frame or in a motor vehicle while stationary, unless adequate ventilation is provided to ensure dilution of any carbon monoxide fumes.

Section 9

No licensee shall store, permit to be stored, park or permit to be stored or parked at the public garage any trailer used for human habitation while so stored or parked;

Section 10

  1. No licensee shall permit lighting at the public garage;
    1. to reflect on to residential property,
    2. to interfere or distract the driver of a motor vehicle on a street, or
    3. to appear to be the headlamps of an oncoming vehicle.

Section 11

Every licensee shall, where snow storage is not prohibited, restrict the height of snow within the perimeter of the premises to a maximum height of three (3) metres save and except in an area which is within eight (8) metres of the street allowance in which case the height of the snow shall not exceed one (1) metre;

Section 12

No licensee shall permit snow or ice originating from the licensed premises to be deposited on any abutting street or sidewalk;

Section 13

Every licensee shall keep the premises in a clean and neat condition, free from debris, snow, ice, dirt rubbish or other foreign substances derived from the licensed premises or resulting from the use of the licensed premises;

Section 14

Every licensee shall ensure that the outdoor storage of material or waste be properly screened so as to not likely disturb the neighbourhood.

Section 15

Every licensee shall ensure that grease, fuel or other fuels derived from the operation of the licensed premises are not permitted to drain into storm sewer catch basin.

Section 16

No licensee shall permit any portable sign to be located on the premises without a license to do issued by the Corporation of the City of Ottawa;

Section 17

No licensee shall permit any refreshment vehicle to be stored or parked on the licensed premises for the purpose of serving refreshment therefrom, unless the owner or operator of the refreshment vehicle has complied with all applicable by-laws of the City.

Section 18

Every licensee shall ensure that any sidewalk or road allowance upon which the premises abut remain free and clear from all dirt and other foreign substance resulting from the use or occupation of the premises.

Section 19 - Additional requirements for a parking lot

  1. Every licensee of a parking lot shall:
    1. report to the Police Service, of any motor vehicle, which he or she may have reason to suspect is either stolen or abandoned,
    2. display, in a conspicuous place at or upon the premises, a sign or signs of a design which is not misleading, and bearing,
      1. in letters and figures of uniform size, but not less than 6 cm in height, the various rates or charges for parking or storing of vehicles and the amount of any deposit required on entering the lot, and
      2. in readily legible letters, the hours during which the remises are open for business, the business name, address and phone number;
    3. ensure that the sign is placed at every entrance so that it is visible to any person driving a motor vehicle prior to entering the lot with the motor vehicle,
    4. except in the case of a metered or automatically controlled parking station or parking lot, ensure that a competent attendant is on duty at all times during the business hours indicated on the sign hereinbefore mentioned, and
    5. when no parking spaces are available, ensure that a suitable sign is prominently displayed at the each entrance announcing that fact.

Snow Plow Contractors - Schedule No. 4

Section 1 - License Required 

Every snow plow contractor shall obtain a snow plow contractor's license.

Section 2 - Exemptions 

  1. This schedule does not apply to :
    1. persons engaged in the business of clearing snow with a hand-held snow shovel or with manually pushed snow-blowing equipment, and
    2. bona fide farmers whose primary business is not as a snow plow contractor while engaged in clearing snow within their community.

Section 3 - Conditions for issuance or renewal of a snow plow contractor license 

  1. No snow plow contractor's license shall be issued or renewed unless the applicant:
    1. is at least eighteen (18) years of age,
    2. has provided an address within the National Capital Region accessible from the street to which the public has reasonable access to make inquiries in person about the business,
    3. has filed proof of insurance for each snow plow to be used in the business in accordance with the requirements of Sections 5 and 6,
    4. has registered each snow plow used in the business by filing a list indicating for each snow plow, the make, model, year and the Motor Vehicle Plate Number or, where a Motor Vehicle Plate is not issued pursuant to the Highway Traffic Act (Ontario), the Vehicle Identification Number, and
    5. has filed proof of good repair for each snow plow used in the business.

Section 4 - Issuance of license 

  1. Upon issuance of a snow plow contractor's license, the Chief License Inspector shall:
    1. furnish one (1) plate bearing an identifying number for each of the snow plows listed in clause 3(d).

Section 5 and 6 - Insurance 

Section 5

With respect to every vehicle required to be licensed under the Highway Traffic Act (Ontario), every snow plow contractor shall file proof of Motor Vehicle Liability insurance coverage subject to a limit of not less than One Million Dollars ($1,000,000.00); such insurance coverage shall be inclusive per occurrence for bodily injury, death, accident benefits and including damage to property occasioned by any accident arising out of the plowing operation of any licensed motor vehicle to be used in the business in respect of which a license is applied for.

Section 6

With respect to vehicles and equipment not required to be licensed under the Highway Traffic Act (Ontario), every snow plow contractor shall file proof of Comprehensive/Commercial General Liability insurance coverage subject to a limit of not less than One Million Dollars ($1,000,000.00); such insurance coverage shall be inclusive per occurrence for bodily injury, death, accident benefits and including damage to property occasioned by any accident arising out of the plowing operation of any unlicensed vehicle and equipment to be used in the business in respect of which a license is applied for.

Section 7 - Signage standards 

Every snow plow shall have attached to or painted on both sides a sign clearly showing the name and telephone number of the business in letters and figures not less than eight centimetres (8 cm) in height.

Section 8 - Production of license 

Every snow plow operator shall surrender his or her driver's license issued under the Highway Traffic Act (Ontario) or under the law of another jurisdiction and permit for the vehicle issued under the Highway Traffic Act (Ontario) or under the law of another jurisdiction for inspection when requested by any license inspector, municipal law enforcement officer or police officer.

Section 9 - Registration of snow plows 

  1. Every licensee may register additional snow plows or remove a snow plow from the register referred to in clause 3(d) by complying with the requirements set out in clauses 3(c), 3(d) and 3(e) for issuance or renewal.
  2. Every licensee shall ensure that every snow plow used in the business is registered with the Chief License Inspector pursuant to clause 3(d) or subsection 9(1).
  3. The Chief License Inspector shall furnish one (1) plate for each of the snow plows added to the register pursuant to subsection 9(1).
  4. Every licensee who removes a snow plow from the register pursuant to subsection 9(1) shall return the plate furnished by the Chief License Inspector.

Section 10 - Transaction records

  1. Every licensee shall ensure that a record is made in a ledger book with the entries transcribed in ink in a clear and legible manner, or in a recording system approved by the Chief License Inspector, indicating:
    1. the municipal address of every site for which a snow plowing or snow removal contract has been entered into,
    2. the name and address of the person who entered into the snow plowing or snow removal contract referred to in clause 10(1)(a),
    3. the day, month, year and time of every snow plowing or snow removal activity,
    4. the snow plow operator performing the snow plowing or snow removal activity, and
    5. the plate number of the snow plow used in performing the snow plowing or snow removal activity.
  2. Every licensee shall ensure that the records referred to in subsection 10(1) are retained for a period of ninety (90) days.
  3. Every licensee shall ensure that, when requested by the Chief License Inspector at any time during business hours, the records referred to in subsection 10 (1) are produced for inspection and that the Chief License Inspector is permitted to remove any transaction record from the premises for the purpose of photocopying or for use in any court or other proceedings.

Section 11 to 16 - General regulations 

Section 11

No licensee shall permit or allow any snow plow that is not registered with the Chief License Inspector to be used in his or her business.

Section 12

No licensee shall use any snow plow that is not registered with the Chief License Inspector in the snow plow contractor's business.

Section 13

Every licensee shall ensure that the plate furnished pursuant to clause 4(b) or clause 9(3)(b) is securely attached to the rear of the snow plow so as to be clearly visible to the public during the currency of the license.

Section 14

  1. Every licensee shall ensure that:
    1. the information on the sign referred to in Section 7 is clearly visible to the public at all times, and
    2. the information on the plate referred to in clause 4(b) or clause 9(3)(b) is clearly visible to the public at all times.

Section 15

  1. No licensee shall throw push, plow, dump or otherwise deposit snow or ice on a street. 
  2. Every licensee shall ensure that his or her snow plow operator does not throw, push,dump or otherwise deposit snow or ice on a street.

Section 16

Every licensee shall return the plate furnished by the Chief License Inspector for each snow plow that is no longer in service or used in the licensee's business.

Amusement Places - Schedule No. 5

Section 1 and 2 - License Required

Section 1

A separate license shall be obtained in respect of each premises operating as an amusement place.

Section 2

No person shall own or operate an amusement place without first obtaining an amusement place license.

Section 3 - Conditions for issuance of an amusement license

  1. No applicant for an amusement place license shall be issued a license unless:
    1. the applicant is eighteen (18) years of age,
    2. the applicant is the owner of the premises or provides a copy of the rental agreement for use of the premises,
    3. the Fire Chief has reported, in writing, that the premises complies with fire regulations,
    4. the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the purpose of an amusement place,
    5. the Chief of Police has reported, in writing, as to the good character of the applicant,
    6. the premises from which it is proposed to carry on the amusement place complies with the zoning, building and property standards requirements of the City,
    7. the applicant has obtained insurance in accordance with Section 4 of this Schedule,
    8. the applicant has indicated on the application the type of amusement place and the number of devices, tables or alleys to be provided on the premises, and
    9. the applicant has paid the fees set out in Schedule "A" of this by-law.

Section 4 - Insurance

  1. Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
  2. If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liquor Liability insurance.

Section 5 to 7 - General Regulations 

Section 5 

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 6

No licensee shall permit an all night dance event to take place in the premises unless the promoter of the all night dance event has obtained an all night dance event license.

Section 7

  1. Every licensee shall ensure that:
    1. orderly conduct is maintained in the amusement place,
    2. the operation of the amusement place is conducted in a manner that is not in any way adverse to the public interest,
    3. the licensed premises is kept free of any fire or other hazard,
    4. the washroom facilities in the licensed premises are kept in a proper sanitary condition to the satisfaction of the Medical Officer of Health, and
    5. the licensed premises are supervised directly during all hours of operation by an attendant who is eighteen (18) years of age or older.

Section 8 - License expiry date

Every place of amusement license shall expire on March 31 of each year.

Section 9 - Transfers

No amusement place license shall be transferable.

All Night Dance Events - Schedule No. 6

Section 1 - License required 

A separate license shall be obtained for each all night dance event.

Section 2 - License expiry 

Every all night dance event license is valid only for the date and time of the all night dance event indicated on the license application.

Section 3 and 4 - Conditions for issuance of an all night dance event license 

Section 3

  1. No applicant for an all night dance event license shall be issued a license unless:
    1. the applicant is at least eighteen (18) years of age,
    2. the applicant is the promoter of the event,
    3. the applicant submits a detailed plan of the event that includes the information outlined in Appendix "A" at least 28 days before the all night dance event is scheduled to occur,
    4. the Fire Chief has reported in writing that the premises complies with all applicable fire regulations,
    5. the Chief Medical Officer of Health has reported in writing that the premises complies with all applicable public health regulations and that there are no objections to the detailed plan,
    6. the Chief of Police has reported in writing as to the good character of the applicant and that there are no objections to the detailed plan,
    7. the premises from which it is proposed to carry on the late night dance event complies with the zoning, building and property standards requirements of the City,
    8. the applicant has agreed to obtain insurance as required by Section 10 of this Schedule, and
    9. the applicant has paid the fees outlined in Schedule "A" of this by-law.

Section 4

If the applicant is not the owner of the premises, he or she shall provide written evidence to the satisfaction of the Chief License Inspector that the owner of the premises is aware of and agrees with the use of the premises for the all night dance event.

Section 5 to 10 - General regulations

Section 5 

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 6

No person shall hold an all night dance event in a building or place without first obtaining a license to do so.

Section 7

Despite Section 6, no person shall hold an all night dance event in a building that is not licensed as an amusement place.

Section 8

  1. Every licensee shall:
    1. ensure that patrons of the all night dance event comply with the applicable noise by-laws,
    2. ensure that food preparation on the premises complies with Ontario Regulation 562/90 of the Health Protection and Promotion Act R.S.O. 1990, Chap. H7, as amended or any successor thereto,
    3. keep the licensed premises free from any fire or other hazard,
    4. ensure that the capacity of the room is not exceeded,
    5. ensure that the number of tickets sold for the all night dance event does not exceed the capacity of the premises and the number of tickets indicated in the application form,
    6. ensure that tickets for the all night dance event clearly indicate that the event is:
      1. restricted to people 16 years of age or older if alcohol is not served, or
      2. restricted to people 19 years of age or older if alcohol is served,
    7. ensure that the all night dance event is smoke free,
    8. ensure that no person under 16 years of age is allowed entry,
    9. ensure that all exits are free and remain free of any obstruction,
    10. ensure that all washroom facilities are maintained and operational,
    11. ensure that free, cold, potable water under suitable pressure is available at all times to all sinks and sanitary devices in the premises,
    12. ensure that patrons have access at all times to all sinks and sanitary devices in the premises,
    13. ensure that all security and medical personnel are easily identifiable,
    14. upon being so ordered by Police, Fire or Health, immediately terminate the event if there is non-compliance with any applicable regulations,
    15. ensure that all security personnel can communicate directly with the licensee at all times during the all night dance event, and
    16. ensure that the premises is kept suitably illuminated and ventilated in accordance with the detailed plan.

Section 9

No person shall sell tickets to or advertise an all night dance event unless an all night dance event license has been issued.

Section 10

  1. Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability or Special Events Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
  2. If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liability insurance.

Section 11 - Transfers

No all night dance event license shall be transferable.

Appendix "A"

Information to be included in the detailed plan for an all night dance event license

  1. Date of the all night dance event (the "event").
  2. Location of the event.
  3. The name, address and phone number of the promoter.
  4. The name, address and phone number of the registered owner of the premises.
  5. If the promoter or registered owner is a corporate entity, the names, addresses and phone numbers of the directors.
  6. Times of commencement and termination of the event.
  7. Number of tickets to be issued for the event.
  8. Capacity of the premises.
  9. Expected attendance at the event.
  10. A plan indicating the location and particulars of the entrances, exits, washrooms, lighting, ventilation and sound systems, DJ booth, stage and room dividers.
  11. A first aid logistical plan including:
    1. the number of medical personnel on hand during the event,
    2. the type of medical equipment available during the event,
    3. provision of a "cooling down space" where patrons can rest from dancing, heat, lights and music, and
    4. the certification held by the medical personnel.
  12. A security plan including:
    1. the name and address of the security firm hired for the event,
    2. the number of security personnel to be on duty during the event,
    3. the certification of the security personnel, and
    4. the methods of communication to be used between the security personnel and the promoter before, during and after the event.
  13. If pyrotechnics are to be used at the event, a detailed description of its use and an outline of precautions being undertaken with respect to fire prevention and public safety.

Food Premises - Schedule No. 7

Section 1 and 2 - License required

Section 1

A separate license shall be obtained in respect of each premises operating as a food premises.

Section 2

No person shall own or operate a food premises without first obtaining a food premises license.

Section 3 and 3A - Exemptions 

Section 3 

This by-law shall not apply to a food premises where only pre-packaged foods, frozen drinks or hot beverages are sold or offered or exposed for sale.

Section 3A

A food premises licence shall not be required for eating establishments operated by charitable or not-for-profit organizations that provide meals for the homeless or for eating establishments in facilities providing residential care services that include meals.

Section 4 - Conditions for issuance of a food premise license

  1. No applicant for a food premises license shall be issued a license unless:
    1. the applicant is eighteen (18) years of age or older,
    2. the Fire Chief has reported, in writing, that the premises complies with fire regulations,
    3. the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the purpose of a food premises,
    4. the premises from which it is proposed to operate the food premises complies with the zoning, building, and property standards requirements of the City,
    5. the applicant has obtained insurance in accordance with Section 4 of this Schedule,
    6. the applicant has indicated on the application the type of food premises, and
    7. the applicant has paid the fees set out in Schedule "A" of this by-law.

Section 5 - Insurance  

  1. Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than One Million Dollars ($1,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
  2. If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liquor Liability insurance.

Section 6 to 9 - General regulations

Section 6

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 7

Every licensee shall ensure that the operation of the food premises complies at all times with Regulation 562-90 of the Health Protection and Promotion Act, R.S.O. 1990, Chap. H.7, as amended or any successor thereto.

Section 8

  1. Every licensee shall ensure that:
    1. washroom facilities are kept in proper sanitary and working condition to the satisfaction of the Medical Officer of Health, and
    2. the operation of the food premises is conducted in a manner that is not in any way adverse to the public interest.

Section 9

  1. Every licensee shall ensure that public waste receptacles
    1. are provided in sufficient numbers to receive the waste generated by the food premises operation,
    2. are located near the public entrances and exits outside the premises to the satisfaction of the Chief License Inspector and do not conflict with any by-law of the City,
    3. do not obstruct or interfere with pedestrian or vehicular traffic,
    4. do not interfere with street or sidewalk maintenance,
    5. do not exceed a volume capacity of 100 litres,
    6. are emptied of waste as often as necessary,
    7. are kept clean and odourless,
    8. are water impermeable, and
    9. are kept covered at all times.

Section 10 - License expiry date 

Every food premises license shall expire on March 31.

Exotic Animal Entertainment Events - Schedule No. 8

Section 1 - License required 

A separate license shall be obtained for each exotic animal entertainment event for each location at which such event occurs.

Section 2 - License expiry 

  1. Every exotic animal entertainment event license is valid only for;
    1. the date or consecutive dates,
    2. the time or times of the exotic animal entertainment event indicated on the license application, and
    3. one building or place only.

Section 3 and 4 - Conditions for issuance of an exotic animal entertainment event license

Section 3

  1. No applicant for an exotic animal entertainment event license shall be issued a license unless:
    1. the applicant is at least eighteen (18) years of age,
    2. the applicant is the promoter of the event,
    3. the applicant submits a detailed plan of the event that includes the information outlined in Appendix "A" at least twenty-eight (28) days before the exotic animal entertainment event is scheduled to occur,
    4. the Fire Chief has reported in writing that the premises complies with all applicable fire regulations and that there are no objections to the detailed plan,
    5. the Medical Officer of Health has reported in writing that the premises complies with all applicable public health regulations and that there are no objections to the detailed plan,
    6. the premises from which it is proposed to carry on the exotic animal entertainment event complies with the zoning, building and property standards requirements of the City,
    7. the applicant has agreed to obtain insurance as required by Section 9 of this Schedule,
    8. the applicant agrees, in writing, to accept full responsibility for any exotic animal that escapes from custody and agrees to take the necessary action to contain the animal and to ensure public safety, and
    9. the applicant has paid the fees outlined in Schedule "A" of this by-law.

Section 4

If the applicant is not the owner of the premises, he or she shall provide written evidence to the satisfaction of the Chief License Inspector that the owner of the premises is aware of and agrees with the use of the premises for the exotic animal entertainment event.

Section 5 to 8 - General regulations 

Section 5

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 6

No person shall hold an exotic animal entertainment event in a building or place without first obtaining a license to do so.

Section 7

  1. Every licensee shall ensure that:
    1. the exhibitor or the owner of the exotic animals in the exotic animal entertainment event is a member of, or accredited by either the Canadian Association of Zoos and Aquaria, or the American Zoo and Aquarium Association, or is otherwise licensed by an appropriate authority, as applicable,
    2. the exotic animals involved in the event have been inspected by a local authorized Inspector or Agent appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended, or any successor thereto, within seven (7) days prior to the event, and that it meets the requirements of the Inspector or Agent and the Act,
    3. the exhibitor or the owner of the exotic animals involved in the event only exhibits or uses such exotic animals in a premises that has protective devices which are adequate to prevent such exotic animals from escaping or injuring the public,
    4. the exhibitor provides such exotic animals with a species-appropriate living environment while in the City,
    5. the licensed premises is kept free from any fire or other hazard,
    6. the capacity of the premises is not exceeded,
    7. the number of tickets sold for the exotic animal entertainment event does not exceed the capacity of the premises and the number of tickets indicated in the application form,
    8. the exotic animal entertainment event is smoke free,
    9. all exits are free and remain free of any obstruction,
    10. all security and medical personnel are easily identifiable,
    11. all security personnel can communicate directly with the licensee at all times during the exotic animal entertainment event,
    12. ensure that the premises is kept suitably illuminated and ventilated in accordance with the detailed plan,
    13. upon being so ordered by Police, Fire or Health, the event is immediately terminated if there is non-compliance with any applicable regulations.

Section 8

No person shall sell tickets to an exotic animal entertainment event unless an exotic animal entertainment event license has been issued.

Section 9 - Insurance

Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability or Special Events Liability insurance coverage subject to limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property. Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured with respect to the licensed event.

Section 10 - Indemnification

The applicant shall indemnify and save harmless the City of Ottawa from any and all claims, demands, cause of action, loss costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors and agents.

Section 11 - Transfers  

No exotic animal entertainment event license shall be transferable.

Section 12 - Exemptions

  1. A license for an exotic animal entertainment event shall not be required for the following:
    1. petting-zoos, agricultural shows or exhibits, pet shows, and other like shows provided that the animals used in the event are not exotic animals;
    2. public shows involving exotic animals provided that the shows are for educational purposes and the promoter:
      1. is also the exhibitor and the owner of the exotic animals,
      2. has a permanent facility for the exotic animals within the City which meets Fire, Health and Zoning requirements,
      3. has an exemption under Section 86 of By-law No. 2003-77 respecting animal care and control in respect of the animals identified in Schedule "B", and
      4. obtains an exotic animal rescue and education establishment license;
    3. an exotic animal entertainment event involving only exotic animals from an establishment licensed as an exotic animal rescue and education establishment under Schedule No. 9 to this by-law.

Appendix "A"

Information to be included in the detailed plan for an exotic animal entertainment event license

  1. Date(s) of the exotic animal entertainment event (the "event") provided that, where the event occurs on more than one date, the dates are consecutive.
  2. Location of the event.
  3. The name, address and phone number of the promoter.
  4. The name, address and phone number of the registered owner of the premises.
  5. If the promoter or registered owner is a corporate entity, the names, addresses and phone numbers of the directors or officers.
  6. Times of commencement and termination of the event.
  7. Number of tickets to be issued for the event.
  8. Capacity of the premises.
  9. Expected attendance at the event.
  10. A first aid logistical plan including:
    1. the number of medical personnel on hand during the event,
    2. the type of medical equipment available during the event, and
    3. the certification held by the medical personnel.
  11. A security plan including:
    1. the name and address of the security firm hired for the event,
    2. the number of security personnel to be on duty during the event,
    3. the certification of the security personnel, and
    4. the methods of communication to be used between the security personnel and the promoter before, during and after the event.
  12. An inventory of exotic animals, which will be used in the event including, for each exotic animal, the following information:
    1. species,
    2. description,
    3. age,
    4. gender,
    5. name,
    6. its weight in kilograms, and
    7. a description of the performance or act in which the exotic animal is involved.
  13. A Veterinary Health Certificate for each exotic animal in the event where each Certificate has been issued on the basis of a physical examination of the exotic animal conducted by a duly licensed veterinarian within the last twelve (12) months of the date of the event and certifying the good health of the exotic animal and the absence of any zoonotic diseases, including but not limited to tuberculosis, in addition to the name and address of the consulting veterinarian.
  14. An Emergency Plan including:
    1. a description of the distance between the exotic animal acts and the spectators,
    2. a protocol for controlling and containing any exotic animal,
    3. crowd control measures, and
    4. an evacuation plan, in the event that any exotic animal involved in the event becomes a threat to public safety either through access to the public from its containment area or by being at large on the premises; and,
    5. the location and particulars of the entrances, exits, lighting, ventilation and area where the exhibit or performance is to take place.
  15. An Animal Containment and Accommodation Plan, which is appropriate to the species involved and includes:
    1. the location of the housing of the exotic animals involved;
    2. a description of the housing, cleaning procedures and general care of the exotic animals involved.

Exotic Animal Rescue & Education Establishments - Schedule No. 9

Section 1 - License required

A separate license shall be obtained for each exotic animal rescue & education establishment.

Section 2 - License expiry 

Every exotic animal rescue & education establishment license is valid only until December 31 of each year.

Section 3 - Conditions for issuance of an exotic animal rescue & education establishment license

  1. No applicant for an exotic animal rescue & education establishment license shall be issued a license unless:
    1. the applicant is at least eighteen (18) years of age,
    2. the applicant is the owner and operator of the establishment and the exotic animals therein,
    3. the applicant has a permanent facility for the exotic animals within the City which meets Fire, Health and Zoning requirements,
    4. the applicant has an exemption under Section 86 of By-law No. 2003-77 respecting animal care and control in respect of the exotic animals identified in Schedule "B" to that by-law,
    5. the applicant submits a detailed plan that includes the information outlined in Appendix "A",
    6. the applicant has agreed to obtain insurance as required by Section 9 of this Schedule,
    7. the applicant agrees, in writing, to accept full responsibility for any exotic animal that escapes from custody and agrees to take the necessary action to contain the exotic animal and to ensure public safety, and
    8. the applicant has paid the fees outlined in Schedule "A" of this by-law.

Section 4 to 8 - General regulations

Section 4

  1. Every licensee shall:
    1. post the license in a prominent location on the licensed premises so as to be clearly visible to the public,
    2. carry the license when the exotic animals are being displayed or are involved in educational activities off the premises, and
    3. produce the license upon the request of the Chief License Inspector.

Section 5

No person shall carry on an exotic animal rescue & education establishment in a building or place without first obtaining a license to do so.

Section 6

Every licensee shall permit the Chief License Inspector or the Medical Officer of Health, at any reasonable time, to inspect the establishment or the location at which educational activities are held, as well as relevant records, including but, not limited to the inventory of exotic animals.

Section 7

  1. No licensee shall sell, give, trade or otherwise provide any exotic animal to any person unless:
    1. for purposes of adoption or foster care under the auspices of the licensee, or
    2. to a zoo or professional breeder for breeding and display purposes.

Section 8

  1. Every licensee shall ensure that:
    1. he/she is a member of, or accredited by either the Canadian Association of Zoos and Aquaria, or the American Zoo and Aquarium Association, or is otherwise licensed by an appropriate authority, as applicable,
    2. the exotic animals involved in the establishment are inspected annually by a local authorized Inspector or Agent appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended, or any successor thereto, and that the requirements of the Inspector or Agent and the Act are met,
    3. the exotic animals are provided with a species-appropriate living environment, including but, not limited to sufficient space,
    4. the exotic animals are kept in sanitary and clean quarters which are appropriately bedded, ventilated and lit, maintained at an appropriate temperature and readily sanitized,
    5. the exotic animals are adequately and appropriately fed and watered,
    6. no exotic animal is displayed in direct sunlight or areas where drafts may occur,
    7. the exotic animals are exhibited only in a premises that has protective or containment devices which are adequate to prevent such exotic animals from escaping or injuring the public,
    8. at all times, the establishment as a whole is maintained in a sanitary, well-ventilated, clean condition and free from offensive odours,
    9. all exits are free and remain free of any obstruction,
    10. upon being so ordered by Police, Fire or Health, the educational activity is immediately terminated if there is non-compliance with any applicable regulations.

Section 9 - Insurance

Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability or Special Events Liability insurance coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property. Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured with respect to the licensed establishment.

Section 10 - Indemnification

The applicant shall indemnify and save harmless the City of Ottawa from any and all claims, demands, cause of action, loss costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors and agents.

Section 11 - Transfers 

No exotic animal rescue & education establishment license shall be transferable.

Section 12 - Exemptions

A license for an exotic animal rescue & education establishment shall not be required for petting-zoos, agricultural shows or exhibits, pet shows, and other like shows provided that the animals used in the event are not exotic animals.

Appendix "A"

Information to be included in the detailed plan for an exotic animal entertainment event license

  1. The name, address and phone number of the owner/operator.
  2. The name, address and phone number of the registered owner of the premises.
  3. If the owner/operator or registered owner is a corporate entity, the names, addresses and phone numbers of the directors.
  4. An inventory of exotic animals, which are housed in the establishment or will be used in educational activities including, for each exotic animal, the following information:
    1. species,
    2. description (including length in meters in the case of reptiles),
    3. age,
    4. gender,
    5. name,
    6. whether or not the exotic animal is used in educational activities taking place outside of the establishment.
  5. A General Veterinary Health Certificate for the exotic animals involved in the establishment or educational activities or both, where the Certificate has been issued on the basis of a general examination of the exotic animals conducted annually, at a minimum, by a duly licensed veterinarian and certifying the good health of the exotic animals, the absence of any zoonotic diseases, and providing proof of vaccination against such diseases, as applicable, in addition to providing the name and address of the consulting veterinarian.
  6. An Animal Containment and Accommodation Plan, which is appropriate to the species involved and includes:
    1. the location of the housing of the exotic animals involved, and
    2. a description of the housing, cleaning procedures and general care of the exotic animals involved, in the establishment.
  7. A Transport Plan describing the manner in which the exotic animals will be transported outside of the establishment to another venue, including:
    1. an indication of the number of exotic animals usually transported and the number of handlers usually accompanying the animals,
    2. a description of the containers used and how they are secured, and
    3. a description of how the exotic animals are displayed and/or stored while at the other venue.
  8. An Emergency Plan including:
    1. a protocol for controlling and containing any exotic animal,
    2. crowd control measures, and
    3. an evacuation plan, in the event that any exotic animal involved in the establishment or educational activity becomes a threat to public safety either through access to the public from its

Limousine Service - Schedule No. 10

Section 1 - Definitions

In this Schedule,

"proof of good repair" means a safety standards certificate issued within thirty (30) days of the motor vehicle inspection or, in the case of a new motor vehicle obtained directly from an automotive sales or leasing establishment, a certificate issued within ninety (90) days of the motor vehicle registration;

"proof of ownership" means,

  1. a current motor vehicle registration for each motor vehicle to be used as a limousine issued pursuant to the Highway Traffic Act in the name of the applicant for a limousine service license, or
  2. a signed copy of a leasing agreement in the name of the applicant for the limousine service license for each motor vehicle to be used as a limousine;

"safety standards certificate" means a certificate issued pursuant to Sections 88 to 100 inclusive of the Highway Traffic Act;

"taxicab" means a taxicab licensed pursuant to a by-law of an Old Municipality or any successor by-law thereto.

Section 2 - Required license

  1. For the purposes of this by-law, every owner or operator of a business that provides limousine service within the City shall be deemed to carry on or be engaged in such business within the limits of the City and the provisions of this by-law shall apply to the said owner or operator.
  2. Subsection (1) does not apply to the owner or operator of a limousine service where the principal business occurs outside the City and from time to time the limousine service may be required to drop off passengers at the MacDonald- Cartier Airport.

Section 3 - Number of licenses

A separate license shall be obtained in respect of each limousine service.

Section 4 - Service to be provided 

  1. No owner or operator of a limousine service shall provide limousine service unless the service provided is,
    1. by pre-arrangement, reserved in advance by at least two (2) hours,
    2. for a minimum rate of charge, exclusive of GST, of not less than,
      1. Sixty-seven Dollars and Fifty Cents ($67.50) for the first ninety (90) minutes or part thereof, and
      2. Forty-five Dollars ($45.00) for each hour after the initial 90 minutes, and
    3. with a limousine as defined in this by-law.
  2. The hourly rate described in clause (b) paragraph (ii) may be divided into quarters charged at a rate of Eleven Dollars and Twenty-five cents ($11.25) for each fifteen (15) minutes or part thereof.
  3. Paragraph (a) of subsection (1) shall not apply,
    1. to a limousine service engagement commencing at the Macdonald-Cartier Airport, or
    2. to a limousine service engagement provided by a licensed limousine service pursuant to an agreement that,
      1. is at least one (1) month in duration,
      2. is with a business corporation or government agency, and
      3. is filed in advance of the commencement of the term of the agreement with the Chief License Inspector.
  4. No person shall use a motor vehicle as a limousine unless:
    1. it has an encased automobile body having,
      1. at least four (4) doors, and
      2. seating capacity for not more than nine (9) persons, exclusive of the driver; and
    2. it is provided with at least five (5) of the following options,
      1. a glass partition separating the rear and front seats,
      2. top quality interior appointments such as leather or plush upholstery,
      3. power windows,
      4. air conditioning,
      5. television,
      6. stereo system in the passenger compartment,
      7. tinted windows,
      8. cellular telephone for passenger use,
      9. refrigerator,
      10. work desk or table,
      11. deluxe wheels and wheel covers.
  5. Subsection (4) shall not apply to a classic, vintage or specialty vehicle when used by a licensed limousine service.

Section 5- Conditions for issuance of a limousine service license

  1. No license shall be issued to an owner or operator of a limousine service unless:
    1. the applicant is at least eighteen (18) years of age;
    2. the applicant has filed a complete list of business or trade names used in the limousine service and the respective addresses and telephone numbers;
    3. the applicant has provided a complete list of the names, telephone numbers, addresses and a copy of a driver's licence issued by the Ministry of Transportation or an equivalent for every limousine driver employed by or affiliated with the limousine service;
    4. the applicant has provided the original documents, dated less than 60 days prior to the date of the application for a license, from the appropriate agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector;
    5. the applicant has filed proof of ownership for each limousine operated in the limousine service;
    6. the applicant has filed proof of insurance in accordance with the requirements of Section 26 of this Schedule for each motor vehicle to be used in the limousine service;
    7. the applicant has filed proof of good repair in respect of each motor vehicle to be used in the limousine service; and
    8. the applicant has paid the prescribed fees.

Section 6 and 7 - Leasing agreements 

Section 6 

An owner or operator of a limousine service may, in lieu of purchasing a motor vehicle for use as a limousine, obtain a motor vehicle by a leasing agreement provided that the leasing agreement for the motor vehicle to be used as the limousine,

  1. is with the holder of the current motor vehicle registration issued pursuant to the Highway Traffic Act,
  2. specifies as a minimum requirement,
    1. the date of execution of the leasing agreement,
    2. the name and address of the lessee and the lessor,
    3. the make, model, serial number and year of vehicle,
    4. the motor vehicle permit plate number issued pursuant to the Highway Traffic Act,
    5. the term and expiry date of the leasing agreement,
    6. that the lessee has the right to possession and control of the vehicle, under specified terms and conditions,
    7. the consideration, and
    8. the signatures of the lessee, the lessor, and the witness thereto, and
  3. is filed by providing a copy of the leasing agreement to the Chief License Inspector.

Section 7 

Every licensee shall notify the Chief License Inspector in writing of the termination of the leasing agreement for the motor vehicle registered to his or her limousine service at least ten (10) days prior to the termination of the leasing agreement.

Section 8 to 11 - Issuance of license

Section 8 

  1. Upon issuance of a limousine service license, the Chief License Inspector shall furnish to the licensee,
    1. a license certificate, listing all limousines and licence plate numbers, and
    2. a decal bearing the letter "L" for each limousine.

Section 9 

Every licensee shall ensure that a copy of the certificate furnished pursuant to Section 8 is kept within each limousine at all times.

Section 10

Every licensee shall ensure that the decal furnished pursuant to Section 8 is affixed to the rear window of the limousine so as to be clearly visible from outside of the vehicle for the duration of the license period.

Section 11 

Every licensee shall ensure that the decal referred to in Section 8 is affixed to the limousine in accordance with the by-law, within twenty-four (24) hours of it being furnished by the Chief License Inspector.

Section 12 to 20 - General regulations

Section 12 

No licensee shall place a taximeter in a limousine.

Section 13

No person shall operate a taxicab as a limousine.

Section 14

No licensee shall operate a limousine service under a business or trade name not on file with the Chief License Inspector.

Section 15

Every licensee shall ensure that each limousine driver in the limousine service possesses a valid driver's license of the appropriate class issued pursuant to the Highway Traffic Act other than a Class G1 or Class G2 Driver's license or a valid driver's license of the appropriate class issued by the Province of Quebec, to operate a limousine.

Section 16

  1. No licensee shall permit a limousine to be used in the business unless the limousine is,
    1. in a clean condition as to its interior and exterior,
    2. in good repair as to its interior and exterior,
    3. dry as to its interior,
    4. free from mechanical defects,
    5. in fit condition for the purpose for which the vehicle is used to be driven, and
    6. in safe driving condition.

Section 17 

  1. Every licensee shall, upon termination of any hiring or other engagement of the limousine, ensure that the driver searches the limousine for any property lost or left therein and turns such property over to the licensee.
  2. The licensee shall make all reasonable efforts to contact the owner and return any lost or left property over to the owner of said property.

Section 18 

No person shall drive passengers in a limousine, unless the limousine has a valid decal and a copy of a valid certificate referred to in Section 8.

Section 19 

Every licensee shall maintain an up-to-date list of limousine drivers employed by or associated with the limousine service.

Section 20

Every licensee shall immediately produce the list of limousine drivers referred to in Section 19 when so requested by a By-law Officer or Chief of Police.

Section 21 to 24 - Trip sheet

Section 21 

Every licensee shall ensure that each driver of a limousine shall have a trip sheet in the vehicle at all times evidencing that the vehicle is in service.

Section 22

  1. Every licensee shall ensure that the trip sheet contains the following information:
    1. the date of the engagement,
    2. the name of the driver of the limousine,
    3. the name of the engaging person or organization,
    4. the service being provided and the corresponding rate being charged,
    5. the intended destination,
    6. the starting time and length of time for which the vehicle has been reserved, and
    7. the time at the conclusion of the engagement.
  2. The information described in subsection (1) shall be recorded on the trip sheet at the termination of each engagement.

Section 23 

Every licensee shall keep the trip sheets for a period of one year.

Section 24

Every licensee shall produce the trip sheets for inspection when so requested by the Chief of Police or By-law Officer.

Section 25- Inspections 

  1. In addition to the inspections authorized by the general provisions of this by-law, the inspection of limousines shall include an annual inspection by a motor vehicle mechanic.
  2. The licensee shall produce the limousine for inspection at the time and place designated by the Chief License Inspector.
  3. If the inspection results in the limousine being found to be in an unsafe condition, the Chief License Inspector,
    1. shall require the limousine to be placed in a safe condition, and
    2. may suspend the license.
  4. This section shall be applicable to each limousine operated, provided or used in the limousine business regardless of whether or not proof of good repair has been filed.

Section 26 - Insurance 

  1. Every licensee shall file with the Chief License Inspector proof of insurance for public liability in the amount of not less than One Million ($1,000,000.00) Dollars inclusive of bodily injuries, property damage and accident benefits in accordance with Schedule C of the said Insurance Act, for damage occasioned by any accident arising out of the operation of the vehicle in respect of which a license is applied for.
  2. The proof of insurance shall include a provision therein or an endorsement thereon that the Chief License Inspector will be given at least ten (10) days' notice in writing of any cancellation, expiration or variation in the policy.

Section 27 to 29 - Temporary limousines

Section 27 

  1. Despite Section 8, a licensee may apply to register additional limousines as temporary limousines on the license certificate in order to provide increased limousine service for a period of time not to exceed ten (10) days from the proposed effective date of registration subject to the following conditions:
    1. a request for temporary limousines shall be presented to the Chief License Inspector at least fourteen (14) days prior to the proposed effective date of the registration;
    2. the applicant is the holder of a valid limousine service license issued by the municipality;
    3. the applicant has filed the appropriate application and paid the fees as set out in Schedule "A" of the by-law;
    4. the applicant has identified on the application the times and dates for which the temporary limousines will be used; and
    5. the applicant has provided the following information for each limousine to be registered:
      1. the make and model of the motor vehicle,
      2. the Vehicle Identification Number,
      3. the licence plate number issued by the MTO or its equivalent,
      4. proof of insurance demonstrating coverage in accordance with Section 26,
      5. a copy of the limousine license issued by another licensing authority or a copy of the lease agreement from an automotive leasing establishment licensed pursuant to this by-law if the vehicle is not licensed as a limousine, and
      6. proof of good repair obtained within the 12 months prior to the application.

Section 28

  1. Upon approval of the request and registration of the temporary limousines, the Chief License Inspector shall,
    1. furnish to the licensee, a registration certificate upon which shall be indicated the dates the registration is valid and a list of the temporary limousines authorized to operate under the limousine service license, and
    2. provide to the licensee an identification marker bearing the letters "TL" for each temporary limousine registered.

Section 29

Every licensee shall ensure that the identification marker, issued under Section 28, is placed in the front window on the passenger side of the temporary limousine and is clearly visible from the outside of the temporary limousine for the duration of the valid registration certificate.

Section 30 - Transfer

A limousine service license issued pursuant to this by-law may be transferred subject to the provisions of this by-law.

Adult Entertainment Parlours - Schedule No. 11

Section 1 to 3- Licenses required 

Section 1 

  1. The following types of licenses may be issued:
    1. adult entertainment owner;
    2. adult entertainment operator;

Section 2 

A separate adult entertainment owner’s license shall be obtained in respect of each adult entertainment parlour.

Section 3

A separate adult entertainment operator’s license shall be obtained in respect of each person operating an adult entertainment parlour.

Section 4 - Conditions for issuance or renewal of an adult entertainment owner’s license

  1. No license or renewal of license shall be issued to an owner of an adult entertainment parlour unless:
    1. the applicant is eighteen (18) years of age or older;
    2. the applicant appears in person;
    3. the applicant provides proof of age and identification satisfactory to the Chief License Inspector;
    4. the applicant has provided the original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;
    5. a detailed floor plan, drawn to scale, of the adult entertainment parlour has been approved by the Chief License Inspector and the Chief of Police and the details on such floor plan shall include but are not limited to the following:
      1. the designated entertainment area; and
      2. location of seating areas, offices, cloak rooms, disc jockey area, kitchen facilities, bar area, dressing rooms, washrooms, storage areas and exits;
    6. the premises complies with the zoning, building and property standards requirements of the City;
    7. the Fire Chief has reported in writing that the premises complies with fire regulations;
    8. the Medical Officer of Health has reported in writing that the premises in connection with which the license is sought is suitable for the purpose of the license application and is in a sanitary condition;
    9. the applicant has submitted proof of insurance in accordance with the requirements of Section 26 of this Schedule;
    10. the adult entertainment parlour is located in an area referred to in Section 8; and
    11. the applicant has paid the fees described in Schedule “A” to this by-law.
  2. Where the owner is a corporation, the applicant shall file:
    1. a copy of its letters of incorporation or other incorporating document duly certified by the proper government official or department;
    2. a list of all officers, directors and shareholders and the address of their ordinary residence;
    3. a declaration that the persons named therein are the only shareholders of the corporation;
    4. the name or names under which it carries on or intends to carry on business; and
    5. the mailing address for the corporation.
  3. Where the owner is a partnership, the applicant shall file a declaration in writing signed by all members of the partnership which states:
    1. the full name of each partner and the address of his ordinary residence;
    2. the name or names under which they intend to carry on business;
    3. that the persons named therein are the only members of the partnership; and
    4.  the mailing address of the partnership.

Section 5 - Conditions for issuance or renewal of an adult entertainment operator’s license

  1. No license or renewal of license shall be issued to the operator of an adult entertainment parlour unless:
    1. he applicant is eighteen (18) years of age or older;
    2. the applicant appears in person;
    3. the applicant has provided the original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;
    4. the applicant provides proof of age and identification satisfactory to the Chief License Inspector;
    5. the applicant has provided the name of the owner of the adult entertainment parlour in which the applicant intends to operate; and
    6.  the applicant has filed two (2) passport-type photographs of the applicant’s face five centimetres (5cm) by five centimetres (5cm) in size;
    7. the applicant has paid the fees described in Schedule “A” to this by-law.

Section 6 - Issuance of license 

  1. The Chief License Inspector shall furnish a license to each licensed adult entertainment owner.
  2. The Chief License Inspector shall furnish to each licensed adult entertainment operator a license containing a photograph of the face of the adult entertainment operator and his or her name, license number and the expiry date of the license.
  3. Every licensed adult entertainment operator shall produce his or her license for inspection when so requested by the Chief License Inspector or Chief of Police.

Section 7 - Number of licenses 

The number of adult entertainment owner’s licenses shall be restricted in accordance with the location requirements of this Schedule.

Section 8 - Location restrictions

  1. Adult entertainment parlours may only be operated in the following locations:
    1. the premises known municipally as 27 York Street;
    2. the premises known municipally as 126 York Street;
    3. the premises known municipally as 340 Queen Street;
    4. the premises known municipally as 1560 Triole Street;
    5. the premises known municipally as 6501 Russell Road;
    6. the premises known municipally as 1989 Merivale Road;
    7. the premises known municipally as 230 Herzberg Road;
    8. the premises known municipally as 175 Montreal Road;
    9. the premises known municipally as 5023 Bank Street;
    10. in the shaded areas shown on Appendix A to this Schedule, provided that the adult entertainment parlour is located a minimum of one thousand metres (1000m) from an existing adult entertainment parlour and a minimum of five hundred metres (500m) from any church, school, day care, public library, community centre or public park.

Section 9 to 25 - Regulations

Section 9

No adult entertainment owner shall permit any person other than a licensed adult entertainment operator to operate such adult entertainment parlour.

Section 10 

The adult entertainment owner shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 11 

No adult entertainment operator not being the owner of an adult entertainment parlour shall operate the said adult entertainment parlour unless the owner of the said adult entertainment parlour is duly licensed as an adult entertainment owner.

Section 12

No adult entertainment owner or adult entertainment operator shall open the adult entertainment parlour for business or permit the same to be open or remain open for business or permit any services to be provided in the said adult entertainment parlour at any times from the hours of 0200 hours and 1100 hours of the same day.

Section 13 

No adult entertainment owner or adult entertainment operator shall permit the door or doors or other principal means of access into the adult entertainment parlour to be kept locked during the hours of business of the adult entertainment parlour.

Section 14

The adult entertainment owner or an adult entertainment operator shall be in attendance during all hours of business of the adult entertainment parlour.

Section 15 

The adult entertainment owner shall ensure that an adult entertainment operator shall be in attendance during all hours of business of the adult entertainment parlour when the owner is not in attendance.

Section 16 

No adult entertainment owner or adult entertainment operator shall permit any person under the age of eighteen (18) years to enter or remain in the adult entertainment parlour.

Section 17 

No adult entertainment owner or adult entertainment operator shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the adult entertainment parlour.

Section 18 

No adult entertainment owner or adult entertainment operator shall place or permit to be placed any sign, or any other advertising device on any premises occupied by an adult entertainment parlour save and except a sign or other advertising device containing the words “Adult Entertainment Parlour” and the name under which the business is operated provided such name does not include any of the following words:   “nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or any pictures, symbol or representation having like meaning or implication.

Section 19

  1. No adult entertainment owner or adult entertainment operator shall permit services to be provided in any area of the premises other than the designated entertainment area shown on the approved floor plan.
  2. No adult entertainment owner shall change or cause a change to be made in the adult entertainment parlour without first submitting a revised floor plan containing the information described in clause (e) of subsection 4(1) of this Schedule and obtaining the approval of the Chief License Inspector and the Chief of Police.

Section 20 

No adult entertainment owner or adult entertainment operator shall permit any adult entertainment performer providing live entertainment or services designed to appeal to erotic or sexual appetites or inclinations to touch or be touched by or have physical contact with any other person in any manner whatsoever involving any part of that person’s body.

Section 21 

  1. No adult entertainment owner or adult entertainment 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 peace officer, Medical Officer of Health, a public health inspector acting under the direction of the Medical Officer of Health or a By-law Officer.
  2. Subsection (1) shall not apply to cameras used for security purposes.

Section 22 

No adult entertainment owner or adult entertainment operator shall permit live entertainment or services designed to appeal to erotic or sexual appetites or inclinations to be visible from outside the premises in which the adult entertainment parlour is located.

Section 23 

  1. Every adult entertainment owner and every adult entertainment operator shall, in the operation of an adult entertainment parlour, comply with and ensure compliance with the following requirements:
    1. the premises shall be equipped with adequate light and ventilation;
    2. the premises and all equipment and fixtures therein shall be regularly washed and kept in a sanitary condition;
    3. the premises shall be equipped with an effective utility sink;
    4. adequate toilet and washroom accommodation shall be provided and there shall be separate washrooms for males and females;
    5. washrooms shall be equipped with:
      1. an adequate supply of hot and cold water;
      2. an adequate supply of liquid soap in a suitable container or dispenser;
      3. hot air dryers or individual towels in a suitable container or dispenser; and
      4. a suitable receptacle for used towels and waste material; and
    6. no washroom, toilet, sink or basin used for domestic purposes shall be used in connection with an adult entertainment parlour.

Section 24 

  1. The adult entertainment owner or an adult entertainment operator shall post the following notices in an area accessible to the patrons and employees, in the adult entertainment performers’ dressing rooms, at all public entrances and in the washrooms
    1. a notice to advise that physical contact is prohibited which notice shall include the telephone numbers of the Ottawa Police Service and By-law Services of the City of Ottawa; and
    2. a notice that sexually transmitted infections can be transmitted through unprotected physical contact.
  2. The adult entertainment owner or an adult entertainment operator shall post copies of the approved floor plan at all public entrances and in the adult entertainment performers’ dressing rooms.

Section 25

  1. The adult entertainment owner shall maintain an annual registry for the period January 1 to December 31 of each year containing the names, addresses and phone numbers of every adult entertainment operator, adult entertainment performer and employee of the adult entertainment parlour.
  2. The adult entertainment owner shall produce the registry for inspection upon request of a By-law Officer or Chief of Police.
  3. The adult entertainment owner shall keep the registry current at all times and retain all information for a period of one year after the end of the calendar year for which it was maintained.

Section 26 - Insurance

  1. Prior to the issuance of the license, the adult entertainment owner shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive for bodily injury, death and damage to property.
  2. If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liability insurance.

Section 27 - Transferability of license

The license issued to an adult entertainment owner or an adult entertainment operator is not transferable.

Tobacco Vendors - Schedule No. 12

Section 1 to 3 - Licenses required

Section 1 

A separate license shall be obtained in respect of each premises that sells tobacco products by retail.

Section 2

No person shall own or operate a premises that sells tobacco products by retail without first obtaining a tobacco vendor license.

Section 3

In a building where more than one (1) premises for the retail sale of tobacco products exists at the same time, a location description shall be sufficient to distinguish each shop from any other within the same building.

Section 4 and 5 - Conditions for issuance

Section 4 

  1. No applicant for a license shall be issued a license unless,
    1. the applicant is eighteen (18) years of age or older,
    2. the applicant has paid the fees outlined in Schedule "A" to this by-law,
    3. the premises of the applicant is confirmed by a By-law Officer to be a premises that is not prohibited from selling or offering for sale tobacco products pursuant to the Tobacco Control Act, 1994, S.O. 1994, Chap.10, as amended.

Section 5

Despite Section 4, no license will be issued to an applicant if the intended premises for the sale or distribution of tobacco products by retail is an outdoor property, a facility, a building or a property leased or owned by the City of Ottawa.

Section 6 and 7 - Regulations

Section 6

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 7

Every licensee shall ensure that the person in charge of the licensee's premises complies at all times with the said Tobacco Control Act, 1994.

Rickshaws - Schedule No. 13

Section 1 - Definitions

In this Schedule,

"highway" includes the entire right of way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle, designed and intended for, or used by, the general public for the passage of vehicles;

"private property" means all property in the City and includes property of the municipal, federal and provincial government;

"sidewalk" includes all such parts of a highway as are set aside by the City for the use of pedestrians or used by the general public for the passage of pedestrians, and includes the boulevard;

"stall holder" means a person who has entered into a contract for a Market stand with the City and to whom the Markets Manager has assigned a stand, or who has been issued a daily permit by the City and to whom the Markets Manager has assigned a stand;

"stand" means the area of the public markets assigned to a stall holder;

"stand contract" means the contract between the stall holder and the City with respect to a stand,

"street" means that part of the highway that is improved, designed or ordinarily used for vehicular traffic.

Section 2 - Licenses required

  1. The following types of licenses may be issued:
    1. rickshaw operator
    2. rickshaw owner.

Section 3 and 4 - Conditions for issuance of a rickshaw owner license

Section 3

  1. No applicant for a rickshaw owner's license shall be issued a license unless:
    1. the applicant is at least eighteen (18) years of age,
    2. the rickshaw to be used by the applicant has complied with the standards prescribed by Section 6 hereof, and
    3. the applicant provides proof of insurance in accordance with Section 7 hereof.

Section 4

Every person who owns a rickshaw shall obtain a separate license for each rickshaw to be operated pursuant to this by-law.

Section 5 - Conditions for issuance of a rickshaw operator license 

  1. No applicant for a rickshaw operator's license shall be issued a license unless:
    1. the applicant is the holder of a current driver's license, and
    2. the applicant has provided the name and address of the rickshaw owner who will be the business affiliate or employer of the applicant.

Section 6 - Vehicle standards

  1. Every rickshaw shall:
    1. be structured so as to be safe and stable with or without passengers;
    2. have affixed on the rear of the vehicle a slow moving vehicle sign that is the same as the signs set out in the Highway Traffic Act;
    3. carry at the rear two red reflectors, one of which shall be affixed as nearly as possible to the extreme left side and one as nearly as possible to the extreme right side of the vehicle;
    4. be in a clean and sanitary condition; and
    5. be in a state of good repair and appearance.

Section 7 - Insurance

  1. Every rickshaw owner shall proof of insurance of Comprehensive General Liability insurance subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, personal injury, death and damage to property including loss of use thereof.
  2. The insurance required by subsection (1) shall be in the name of the rickshaw owner and the owner's operators, employees and volunteers

Section 8 - Issuance of license

Upon issuance of a rickshaw owner's license, the Chief License Inspector shall furnish to the licensee, in addition to the license, one (1) plate for each vehicle bearing an identifying number, the words "Rickshaw" and "Ottawa".

Section 9 to 11 - Display of plate

Section 9

Every owner or operator shall ensure that the plate furnished pursuant to Section 8 is securely affixed to the rear of the rickshaw so as to be clearly visible to the public during the currency of the license.

Section 10

Every licensee who operates a rickshaw under the authority of a license shall ensure that the plate affixed to the vehicle corresponds to the license issued by the Chief License Inspector.

Section 11

Every owner or operator of a rickshaw shall produce his or her license for inspection when requested by the Chief License Inspector, any By-law Officer or peace officer.

Section 12 - Transfers of license 

No rickshaw operator's license shall be transferred.

Section 13 to 16 - Location regulations

Section 13 

No owner or operator shall allow his or her rickshaw to be placed or left on or at the By Ward Market except in a stand for which the owner has entered into a stand contract with the City.

Section 14

No owner or operator shall allow his or her rickshaw to be placed or left on or at the By Ward Market after the licensee's stand contract has been suspended or terminated.

Section 15

Every person who operates his or her rickshaw on or at the By Ward Market under the authority of a stand contract shall produce a copy of the stand contract for inspection when requested by the Chief License Inspector, any By-law Officer or peace officer.

Section 16

No owner or operator shall operate his or her rickshaw on private property without the consent of the owner.

Section 17 - Time regulations 

No owner or operator shall allow his or her rickshaw to be operated on any City street at any time when no parking or not stopping restrictions between the hours of 3:00 p.m. and 6:00 p.m. are in place.

Section 18 to 21 - General Regulations

Section 18

Every owner or operator shall keep his or her rickshaw at all times in a clean and sanitary condition and in a state of good repair and appearance.

Section 19

  1. Every owner or operator shall ensure that:
    1. he or she conforms, where applicable, with the Highway Traffic Act;
    2. he or she conforms with By-law No. 2003-530, the Traffic and Parking By-law, as amended;
    3. he or she conforms with all rules and regulations established by the City as represented by OC Transpo;
    4. he or she does not interfere with the normal movement of pedestrian traffic in the City; and
    5. he or she does not interfere with the normal movement of vehicular traffic in the City.

Section 20

No owner or operator shall allow his or her rickshaw to be left unattended.

Section 21

No licensee shall operate his or her rickshaw in a reckless or erratic manner.

Section 22 - Processing fee exemption

  1. Applicants for a rickshaw operator license shall be exempt from the requirement to pay a processing fee.
  2. An applicant for a rickshaw owner license shall pay only one processing fee regardless of the number of rickshaw owner licenses he or she is applying for.

Second-Hand Goods Shops - Schedule No. 14

Section 1 - Interpretation

In this schedule "taking in exchange" is deemed to include "receiving in pledge".

Section 2 and 3 - License required

Section 2

A separate license shall be obtained in respect of each second-hand goods shop in which a person who owns or operates a second-hand goods shop carries on his or her business.

Section 3

No person shall own or operate a second-hand goods shop without first obtaining a second-hand goods shop license.

Section 4 and 5 - Exemptions

Section 4

Despite any other provision of this by-law, no license shall be required,

  1. by persons engaged in the sale of second-hand goods for patriotic or charitable purposes, or
  2. by vendors engaged in the sale of second-hand goods at a flea market.

Section 5

  1. Despite any other provision of this by-law, no license shall be required by an individual, a tenant association, or a community association that holds a sale of personal household effects that are owned by the individual or persons who are members of the association provided that,
    1. the sale is for a period no longer than two (2) days, and
    2. no more than two (2) sales are held by that individual or association in a single calendar year.

Section 6 - Conditions for issuance

  1. No applicant for a license shall be issued a license unless,
    1. the applicant is eighteen (18) years of age or older,
    2. the applicant has paid the fees outlined in Schedule "A" to this by-law, and
    3. the premises complies with the zoning, building and property standards requirements of the City,

Section 7 to 9 - Responsibility of licensees

Section 7

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 8

Every licensee shall ensure that his or her employees understand and comply with the provisions of this by-law.

Section 9

Every licensee shall be responsible for the act or acts of any employees in the carrying on of the business of the second-hand goods shop in the same manner and to the same extent as though such act or acts were done by the licensee.

Section 10 to 12 - Acquisition of second-hand goods

Section 10

  1. Every licensee shall ensure that no second-hand good is directly or indirectly purchased from, or exchanged with:
    1. any person under the age of eighteen (18) years, or
    2. any person appearing to be under the influence of alcohol or drugs.

Section 11

Every licensee shall ensure that no second-hand good is purchased or taken in exchange without receiving from the seller the identification prescribed in Section 12 of this Schedule.

Section 12

  1. Every licensee shall ensure that the seller presents two (2) pieces of identification, one (1) of which shall be one (1) of the following types of identification provided that it is integrated with a photograph of the seller:
    1. valid driver's licence,
    2. passport issued by the government of origin,
    3. B.Y.I.D. (Bring Your Identification) Card issued by the Liquor Control Board of Ontario,
    4. Certificate of Indian Status issued by the Government of Canada,
    5. Certificate of Canadian Citizenship issued by the Government of Canada, or
    6. Conditions Release Card issued by Correctional Services of Canada.

Section 13 to 16 - Transaction records

Section 13

  1. Every licensee shall ensure that, before purchasing or taking in exchange any second-hand good, a record is made in a ledger book in chronological order with the entries transcribed in ink in a clear and legible manner or in a recording system approved by the Chief of Police of,
    1. the day, month, year and time of the transaction,
    2. detailed description of each second-hand good that shall be reasonably sufficient to identify it, including make, model, serial numbers, marking and titles, where applicable,
    3. the purchase price of each second-hand good or a description of the item exchanged for it, and
    4. the initials of the employee conducting the transaction on behalf of the licensee.
  2. Despite clause 13(1)(b), for the purpose of identifying coins, the license shall ensure that a record is made of the exact number of coins received, and the dates and description of each coin or of the ten (10) most valuable coins if more than ten (10) coins are received.
  3. Despite clause 13(1)(b), for the purpose of identifying collector cards, the licensee shall ensure that a record is made of the exact number of cards received, and the dates and description of the subject of each card or of the ten (10) most valuable cards if more than ten (10) cards are received.

Section 14

Where a second-hand good has been purchased or taken in exchange from a person carrying on business at a garage sale or an auction,

  1. the provisions of Section 11 and 12 do not apply, and
  2. the licensee shall ensure that the name and address of the business, or the name of the person holding the auction or the address of the garage sale are entered into the ledger book or recording system referred to in Section 13.

Section 15

Every licensee shall ensure that the Chief of Police is immediately notified of the removal or defacement of or apparent tampering with serial numbers, identification numbers or model numbers of any second-hand good presented for purchase or to be taken in exchange, and of the particulars of any second-hand good which the licensee of his or her employee has reasonable cause to suspect has been stolen or otherwise unlawfully obtained by the seller.

Section 16

Every licensee shall ensure that, when requested by the Chief of Police at any time during business hours, any second-hand good or transaction record is produced for inspection and that the Chief of Police is permitted to remove any transaction record from the premises for the purpose of photocopying or for use in any court or other proceedings.

Section 17 to 19 - Retention periods

Section 17

Every licensee shall ensure that no second-hand good purchased or taken in exchange is sold, exchanged, altered, melted, repaired, disposed of, or in any way parted with until after the expiration of thirty (30) days from the date of obtaining exclusive ownership of the said good, and during the said period the good so obtained shall be kept apart from goods previously purchased or taken in exchange, and shall be subject to an inspection at any time during business hours by the Chief of Police, who may be accompanied by such other person or persons as may be necessary for the identification of goods reported of suspected of having been stolen.

Section 18

Despite Section 17, for the purpose of completing an investigation, the Chief of Police may request that a second-hand good suspected of having been stolen be retained for an additional period of time beyond the thirty (3) days and, when so requested, the licensee shall ensure that the said good is not sold, exchanged, altered, melted, repaired, disposed of or in any way parted with until after the expiration of the additional period of time, but in any event the additional period of time shall not exceed fourteen (14) days.

Section 19

Despite Section 17, a licensee may dispose of any good purchased or taken in exchange before the expiration of thirty (30) days form the date of obtaining exclusive ownership of the said good provided that the Chief of Police has authorized in writing the release of such good.

Section 20 - Transfers

No second-hand goods license shall be transferable.

Salvage Yards - Schedule No. 15

Section 1 - Interpretation

In this Schedule, "taking in exchange" is deemed to include "receiving in pledge".

Section 2 and 3 - License required

Section 2

A separate license shall be obtained in respect of each salvage yard in which a person who owns or operates a salvage yard carries on his or her business.

Section 3

No person shall own or operate a salvage yard without first obtaining a salvage yard license.

Section 4 - Conditions for issuance

  1. No applicant for a license shall be issued a license unless,
    1. the applicant is eighteen (18) years of age or older,
    2. the applicant has paid the fees outlined in Schedule "A" to this by-law,
    3. the applicant has filed with the Chief License Inspector proof of insurance in accordance with Section 8 of this Schedule,
    4. the premises complies with the zoning, building and property standards requirements of the City, and
    5. the Fire Chief has reported, in writing, that the premises is suitable for the purpose of a salvage yard and complies with the fire regulations.

Section 5 to 8 - Responsibility of licensees

Section 5

Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 6

  1. Every licensee shall,
    1. keep the salvage yard in a clean and neat condition; and
    2. keep the salvage goods within a fenced or adequately buffered or screened area of the premises.

Section 7

  1. No licensee shall directly or indirectly purchase from or take in exchange any vehicle:
    1. from any minor appearing to be under the age of eighteen (18) years, or
    2. from any person appearing to be under the influence of alcohol or drugs.

Section 8

Every licensee shall provide and maintain Comprehensive General Liability insurance coverage subject to a limit of not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury, death and damage to property arising out of the operation of the salvage yard.

Section 9 and 10 - Transaction records

Section 9

  1. Every licensee shall ensure that, before purchasing or taking in exchange any vehicle seven (7) model years old or less, a record of the transaction is documented in a clear and legible manner and contains the following information:
    1. the day, month, year and time of the transaction;
    2. a detailed description of the vehicle and the manufacturer's vehicle identification number referred to as the V.I.N.;
    3. the purchase price of the vehicle or a description of the item exchanged for it; and
    4. the initials of the person conducting the transaction on behalf of the licensee.

Section 10

  1. Every licensee shall produce the record of transaction as described in subsection (1) for inspection when so requested by the Chief of Police.
    1. Every licensee, or any person acting as an agent for the licensee, shall make all reasonable efforts to obtain the name, address and description of any person offering a vehicle which the licensee has cause to suspect has been stolen or otherwise unlawfully obtained, and to notify the Chief of Police immediately of the facts including the removal or defacement of or apparent tampering with the manufacturer's vehicle identification number.

Section 11 and 12 - Retention periods

Section 11

No licensee shall alter, dismantle, repair, dispose of or in any way part with any vehicle seven (7) model years old or less purchased or taken in exchange by him or her until after the expiration of seven (7) days from the date of obtaining the said vehicle, and during the said period the vehicle so obtained shall be subject to an inspection at any time during business hours by the Chief of Police.

Section 12

Despite Section 11, a licensee may dispose of any vehicle seven (7) model years old or less purchased or taken in exchange before the expiration of seven (7) days from the date of obtaining the said vehicle provided that the Chief of Police has authorized in writing the release of the vehicle.

Section 13 - Transfers

No salvage yard license shall be transferable.

Exhibitions - Schedule No. 16

Section 1 - License required

  1. The following licenses may be issued pursuant to this schedule:    
    1. a License "A" to a person who promotes the holding of an exhibition for one (1) day,
    2. a License "B" to a person who promotes the holding of an exhibition for more than one (1) consecutive days.
  2. A separate license shall be obtained for each exhibition for each location at which such event occurs.    
  3. An individual participating in the exhibition may require a license pursuant to other provisions of this by-law.  

Section 2 - Exemptions

  1. Subsection (1) of Section 1 does not apply to:    
    1. Farmers' Markets and events that are sponsored by and benefit Farmers' Markets;
    2. public markets managed by the City;
    3. Agricultural Fairs and events that are sponsored by and benefit Agricultural Fairs and includes the Kars Fair;
    4. the Ottawa Valley Farm Show;
    5. Coin and Stamp trade shows;
    6. the Central Canada Exhibition;
    7. exhibitions that primarily promotes original arts and crafts creations by Canadian artists;
    8. exhibitions raising funds for a charitable organization provided that the organization has a Revenue Canada number and the profits go to the charitable organization represented;
    9. exhibitions raising funds for not-for-profit organizations that operate solely for cultural or religious goals, civic improvement, recreation, amateur sport or similar community enhancement initiatives but not for profit provided that the profits go to the not-for-profit organization represented;
    10. an event that takes place indoors at a shopping mall.
  2. An exhibition license shall not be required if every person who is vending at the exhibition is the holder of an itinerant seller's license that is valid for the duration of the exhibition and was issued by the City.    
  3. No itinerant sellers license or fee shall be required by an itinerant seller who vends at an exhibition for which the promoter or organizer of such exhibition has obtained a license.    
  4. An exhibition license shall not be required if the event has been licensed under this by-law as a Flea Market.  

Section 3 and 4 - Conditions for issuance

Section 3 

  1. No applicant for an exhibition license shall be issued a license unless:    
    1. the applicant is at least eighteen (18) years of age,
    2. the applicant has furnished details of the exhibition including the type of the exhibition, its location, dates and duration,
    3. where the applicant proposes to hold the exhibition on private property, the applicant has filed a copy of the written leasing agreement for the occupation of the exhibition premises by the applicant for the duration of the exhibition,
    4. where the applicant proposes to hold the exhibition on a pedestrian mall, pedestrian promenade or highway the applicant has filed a copy of the written leasing agreement for the occupation of the pedestrian mall or pedestrian promenade or is the holder of a special event permit issued pursuant to the Special Events By-law No. 2001 260, whichever is applicable,
    5. the applicant agrees to maintain a record of the vendors, their names, addresses and phone numbers, together with details as to the type of items they sell,
    6. the applicant has filed a site plan for the outdoor portion and a floor plan for the indoor portion of the event showing where vendors will be located,
    7. the applicant has at least five (5) participating individuals who are vending goods on their own behalf and not on behalf of the promoter of the event,
    8. the Fire Chief has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed exhibition and complies with all applicable fire regulations,
    9. the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed exhibition and complies with all applicable health regulations,
    10. the Director of Planning and Infrastructure Approvals has reported, in writing, that the vending activity will not take place where the zoning permits residential land use and the location of the exhibition will not lead to a deficiency in required parking and proper vehicle circulation,
    11. the Director of Building Services has reported, in writing, that the premises requirements of the City;
    12. the applicant has insurance in accordance with the requirements of Section 7 hereof, and
    13. the applicant has paid the fees set out in Schedule "A".
  2. In addition to the provisions of subsection (1), no applicant for an exhibition license where a portion of the event is to be held outdoors, shall be issued a license unless and until the applicant has filed written correspondence from the local Community Association and Business Improvement Area, where those exist, which provides the Community Association and Business Improvement Area position on the proposed exhibition.  

Section 4 

Despite Section 3, the Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements do not apply.

Section 5 - License issuance

  1. The Chief License Inspector shall indicate on the license furnished to the licensee,  
    1. the type of exhibition, and
    2. the location, time, date and duration for which the license is valid.

Section 6 - License validity

  1. The license issued pursuant to this schedule shall be valid:  
    1. for the specific exhibition only,
    2. for one location on which the exhibition is to be held, and
    3. for the period stated as the duration of the exhibition.

Section 7 - Issuance

  1. Every applicant for an exhibition license shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property.    
  2. The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.  

Section 8 - Transfers of license

The licenses issued pursuant to this schedule are not transferable from person to person or premises to premises.

Section 9 - Renewal of license

The licenses issued pursuant to this schedule are not renewable.

Section 10 - General regulations

  1. Every licensee shall:  
    1. ensure that orderly conduct is maintained on the exhibition premises, and, at his or her own expense, keep sufficient staff for that purpose;
    2. keep sufficient staff present at the entrances to the exhibition premises in order to ensure that queues which form for the purposes of gaining entrance to the premise do not obstruct sidewalks or highways;
    3. be responsible for the conduct of the exhibitors at the exhibition,
    4. co-operate with the Chief License Inspector to ensure that all required inspections, including building, fire and health inspections, are conducted as required;
    5. maintain up-to-date documents and plans that accurately record a complete list of the participants, their designated location on the premises and the types of items sold;
    6. keep a copy of the documents referred to in clauses (c) and (d) of subsection 3(1) at the exhibition;
    7. keep the records referred to in clauses (e) and (f) for a period of one (1) year after the termination of the event;
    8. produce those documents referred to in clauses (e) and (f) when so directed by a By-law Officer or the Chief of Police;
    9. co-operate with various inspection agencies;
    10. require that all vendors display at their booth in a conspicuous location a sign indicating the vendors name, business address and phone number; conditions of sales, and whether the items displayed are new or used;
    11. take prompt measures to reduce or eliminate nuisances when so requested by a By-law Officer;
    12. provide trash receptacles in sufficient numbers and at suitable locations to keep up with the amount of trash generated by the event; and
    13. empty the trash receptacles every night and as often as required to prevent overflow.

Flea Markets - Schedule No. 17

Section 1 - License required

  1. The following licenses may be issued pursuant to this schedule:    
    1. a License "A" to a person who owns, operates or promotes the holding of a flea market for one (1) day,
    2. a License "B" to a person who owns, operates or promotes the holding of a flea market for more than one (1) consecutive days,
    3. a License "C" to a person who owns, operates or promotes the holding of a flea market or flea markets at a particular place between January 1 and December 31 of the same year,
  2. A separate License "A" or License "B" shall be obtained for each flea market for each location at which such event occurs.    
  3. An individual participating in the flea market may require a license pursuant to other provisions of this by–law.  

Section 2 - Exemptions

  1. Subsection (1) of Section 1 does not apply to:    
    1. Farmers' Markets and events that are sponsored by and benefit Farmers' Markets;
    2. public markets managed by the City;
    3. Agricultural Fairs and events that are sponsored by and benefit Agricultural Fairs and includes the Kars Fair;
    4. the Ottawa Valley Farm Show;
    5. Coin and Stamp trade shows;
    6. the Central Canada Exhibition;
    7. flea markets that primarily promotes original arts and crafts creations by Canadian artists;
    8. flea markets raising funds for a charitable organization provided that the organization has a Revenue Canada number and the profits go to the charitable organization represented;
    9. flea markets raising funds for not-for-profit organizations that operate solely for cultural or religious goals, civic improvement, recreation, sport or similar community enhancement initiatives but not for profit provided that the profits go to the not-for-profit organization represented;
    10. an event that takes place indoors at a shopping mall.
  2. A flea market license shall not be required if every person who is vending at the flea market is the holder of an itinerant seller's license that is valid for the duration of the flea market and was issued by the City.    
  3. No itinerant sellers license or fee shall be required by an itinerant seller who vends at a flea market for which the owner or operator or promoter of such flea market has obtained a license.    
  4. A flea market license shall not be required if the event has been licensed under this by-law as a exhibition.  

Section 3 and 4 - Conditions for issuance

Section 3

  1. No applicant for a flea market license shall be issued a license unless:    
    1. the applicant is at least eighteen (18) years of age,
    2. the applicant has furnished details of the flea market including its location, dates and duration,
    3. where the applicant proposes to hold the flea market on private property, the applicant has filed a copy of the written leasing agreement for the occupation of the flea market premises by the applicant for the duration of the flea market,
    4. where the applicant proposes to hold the flea market on a pedestrian mall, pedestrian promenade or highway the applicant has filed a copy of the written leasing agreement for the occupation of the pedestrian mall or pedestrian promenade or is the holder of a special event permit issued pursuant to the Special Events By-law No. 2001-260, whichever is applicable,
    5. the applicant agrees to maintain a record of the vendors, their names, addresses and phone numbers, together with details as to the type of items they sell,
    6. the applicant has filed a site plan for the outdoor portion and a floor plan for the indoor portion of the event showing where vendors will be located;
    7. the applicant has at least five (5) participating individuals who act on their own behalf and not on behalf of the owner, operator or promoter of the event,
    8. the Fire Chief has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed flea market and complies with all applicable fire regulations,
    9. the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the proposed flea market and complies with all applicable health regulations,
    10. the Director of Planning and Infrastructure Approvals has reported, in writing, that the vending activity will not take place where the zoning permits residential land use and the location of the flea market will not lead to a deficiency in required parking and proper vehicle circulation,
    11. the Director of Building Services has reported, in writing, that the premises from which it is proposed to carry on the flea market complies with building requirements of the City;
    12. the applicant has insurance in accordance with the requirements of Section 7 hereof, and
    13. the applicant has paid the fees set out in Schedule "A".
  2. In addition to the provisions of subsection (1), no applicant for a flea market license where a portion of the event is to be held outdoors, shall be issued a license unless and until the applicant has filed written correspondence from the local Community Association and Business Improvement Area, where those exist, which provides the Community Association and Business Improvement Area position on the proposed flea market.  

Section 4

Despite Section 3, the Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements do not apply.

Section 5 - License issuance

The Chief License Inspector shall indicate on the license furnished to the licensee, the type of license and the location, time, date and duration for which the license is valid.    

Section 6 - License validity

  1. The license issued pursuant to this schedule shall be valid:  
    1. for the specific flea market only,
    2. for one location on which the flea market is to be held, and
    3. for the specific license period that the license is issued for.

Section 7 - Insurance

  1. Every applicant for an flea market license shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property.    
  2. The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.  

Section 8 - Transfer of license

The licenses issued pursuant to this schedule are not transferable from person to person or premises to premises.

Section 9 - Renewal of license

The licenses issued pursuant to this schedule are not renewable.

Section 10 - General regulations

  1. Every licensee shall:  
    1. ensure that orderly conduct is maintained on the flea market premises, and, at his or her own expense, keep sufficient staff for that purpose;
    2. keep sufficient staff present at the entrances to the flea market premises in order to ensure that queues which form for the purposes of gaining entrance to the premises do not obstruct sidewalks or highways;
    3. be responsible for the conduct of the vendors at the flea market;
    4. co-operate with the Chief License Inspector to ensure that all required inspections, including building, fire and health inspections, are conducted as required;
    5. maintain up-to-date documents and plans that accurately record a complete list of the participants, their designated location on the premises and the types of items sold;
    6. keep a copy of the documents referred to in clauses (c) and (d) of subsection 3(1) at the flea market;
    7. keep the records referred to in clauses (e) and (f) for a period of one (1) year after the termination of the event;
    8. produce those documents referred to in clauses (e) and (f) when so directed by a By-law Officer or Chief of Police;
    9. co-operate with various inspection agencies;
    10. require that all vendors display at their booth in a conspicuous location a sign indicating the vendors name, business address and phone number; conditions of sales, and whether the items displayed are new or used;
    11. take prompt measures to reduce or eliminate nuisances when so requested by a By-law Officer;
    12. provide trash receptacles in sufficient numbers and at suitable locations to keep up with the amount of trash generated by the event; and
    13. empty the trash receptacles every night and as often as required to prevent overflow.

Temporary Sign Lessors - Schedule No. 18

Section 1 - License required

No person shall carry on business as a temporary sign lessor unless he or she has obtained a temporary sign lessor licence.

Section 2 - Conditions for issuance

  1. No applicant for a temporary sign lessor license shall be issued a license unless,    
    1. the applicant is eighteen (18) years of age or older,
    2. the applicant has paid the fees outlined on Schedule "A", and
    3. the applicant has filed proof of insurance in accordance with the provisions of Section 3 of this Schedule.

Section 3 - Insurance

Every applicant for a temporary sign lessor license shall file proof of insurance of Comprehensive General Liability insurance subject to limits of not less than One Million Dollars ($1,000,000.00) inclusive per occurrence for bodily injury, personal injury, death and damage to property including loss of use thereof.

Section 4 to 6 Regulations

Section 4 

The licensee shall include his or her name, or the name of the company under which he or she carries on business as a temporary sign lessor, and telephone number on each temporary sign or its supporting structure in a clearly visible location.

Section 5 

No licensee shall place a temporary sign that does not have information required by Section 4 included on the sign at any location in the City.

Section 6

Every licensee shall ensure that he or she complies at all times with the requirements of By-law No. 2004-239, the Temporary Signs on Private Property By-law, as amended, or any successor by-law thereto.

Adult Entertainment Stores - Schedule No. 19

Section 1 - Licenses required

  1. The following types of licenses may be issued:  
    1. a License "A" to the owner or operator of an adult entertainment store in which the principal business carried on is the provision of either or both adult magazines or adult videos, or
    2. a License "B" to the owner or operator of an adult entertainment store in which the provision of either or both adult videos or adult magazines is incidental to the carrying on of a business not referred to in paragraph (a).

Section 2 and 3 - Conditions for issuance of a license 

Section 2 

  1. No applicant for an adult entertainment store license shall be issued a license unless:    
    1. the applicant is at least eighteen (18) years of age, and
    2. the premises comply with the zoning, building and property standards requirements of the City.

Section 3

A separate license shall be obtained in respect of each adult entertainment store.  

Section 4 - Regulations application to adult entertainment stores - License "A"

  1. Every holder of a License "A" shall:  
    1. maintain on the premises, during all business hours, a current list of all adult videos available on the premises, and make such list available for inspection when so requested by the Chief License Inspector or the Chief of Police,
    2. post and keep posted at every entrance to the adult entertainment store signs sufficient to indicate clearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen (18) years is permitted to enter or remain in such store or any part thereof,
    3. ensure that no person under the age of eighteen (18) years is employed to working the adult entertainment store,
    4. ensure that no person under the age of eighteen (18) years is permitted to enter or remain in the adult entertainment store,
    5. ensure that no adult magazine or adult video is provided to any person under the age of eighteen (18) years,
    6. ensure that the exterior signs or advertisements for the adult entertainment store do not use text or pictorial representations of any specified body area or specified sexual activity
    7. ensure that no adult magazine, adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity is displayed so that it may be viewed by any member of the public from outside the premises, and
    8. ensure that no adult videos are played or previewed for public view within the adult entertainment store.

Section 5 - Regulations applicable to adult entertainment stores - License "B" 

  1. Every holder of a License "B" shall:  
    1. maintain on the premises, during all business hours, a current list of all adult videos available on the premises, and make such list available for inspection when so requested by the Chief License Inspector or the Chief of Police,
    2. designate an area of the store as an adult video area, being an identifiable portion of the premises, in which adult videos are provided or displayed,
    3. post and keep posted at every approach and entrance to the designated adult video area, signs sufficient to indicate clearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen (18) years is permitted to enter or remain in the adult video area,
    4. ensure that no adult magazine, adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity, is displayed outside of the designated adult video area,
    5. ensure that no adult magazine, adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity, is displayed in such a way that it may be viewed from outside of the designated adult video area,
    6. ensure that no adult magazine is displayed at a height of less than 1.5 metres,
    7. ensure that no person under the age of eighteen (18) years is permitted to enter or remain in the designated adult video area,
    8. ensure that no adult video is provided to any person under the age of eighteen (18) years, and
    9. ensure that no adult videos are played or previewed for public view within the adult entertainment store.

Section 6 - Exceptions 

  1. The provisions of Section 5 do not apply to an adult entertainment store where the provision of either or both adult magazines and adult videos is incidental to the carrying on of the business provided that the owner or operator of the adult entertainment store:  
    1. stores all the adult videos behind the counter or other area not accessible to customers of the store,
    2. ensures that no adult video, adult video container or any other printed material or visual image which reveals a specified body area or a specified sexual activity, is displayed where it can be seen by customers of the store,
    3. ensures that no adult magazine is displayed at a height of less than 1.5 metres,
    4. maintains on the premises, during all business hours, a current list of all adult videos available on the premises, and make such list available for inspection when so requested by the Chief License Inspector or the Chief of Police,
    5. makes the listing, referred to in paragraph (d) hereof, available to any person who is eighteen (18) years of age or older upon request,
    6. ensure that no adult magazine is displayed at a height of less than 1.5 metres,
    7. ensure that no adult video is provided to any person under the age of eighteen (18) years, and
    8. ensure that no adult videos are played or previewed for public view within the adult entertainment store.

 

Body-rub Parlours - Schedule No. 20

Section 1 and 2 - Licenses required

Section 1

A separate license shall be obtained in respect of each premises operating as a body-rub parlour.

Section 2 

No person shall own or operate a body-rub parlour premises without first obtaining a body-rub parlour license.

Section 3 - Conditions for issuance or renewal of a body-rub parlour lounge

  1. No applicant for a body-rub parlour license shall be issued a license unless:  
    1. the applicant is eighteen (18) years of age or older;
    2. the applicant appears in person;
    3. the applicant provides proof of age and identification satisfactory to the Chief License Inspector;
    4. the applicant has provided the original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;
    5. the premises complies with the zoning, building and property standards requirements of the City;
    6. the Fire Chief has reported in writing that the premises complies with fire regulations;
    7. the Medical Officer of Health has reported in writing that the premises in connection with which the license is sought is suitable for the purpose of the license application and is in a sanitary condition;
    8. the applicant has submitted proof of insurance in accordance with the requirements of Section 13 of this Schedule;
    9. the applicant has paid the fees described in Schedule "A" to this by-law.

 Section 4 to 11 - general regulations 

Section 4

  1. No licensee shall fail to ensure that:  
    1. the body-rub parlour is,
      1. well lighted and that the lighting is at an intensity of fifty (50) foot candles measured at a distance of seventy-six centimetres (76 cm) from the floor level,
      2. adequately ventilated,
      3. adequately heated,
      4. clean, and
      5. supplied with hot and cold running water;
    2. all bathing devices, including steam baths, are properly cleaned before they are offered for use to a patron;
    3. all robes, towels, blankets and linens furnished for the use of patrons are freshly laundered before being offered for use to a patron;
    4. clean uniforms or garments are worn by employees while working on a patron;
    5. the sleeves of uniforms or garments as referred to in subsection (d) do not reach below the elbow;
    6. the skin of the hands of an employee is clean and in a healthy condition and the nails are kept short and clean;
    7. the hands of an employee are washed thoroughly before performing a body-rub on a patron;
    8. the furniture and equipment are maintained in a safe and sanitary condition;
    9. the body-rub parlour is supervised at all times when open for business; and
    10. no cubicle, room, booth or area used for a body-rub is to be fitted with a door capable of being locked.

Section 5 

No licensee shall fail to post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

Section 6

No licensee shall refuse to produce his or her license for inspection when so requested by the Chief License Inspector or Chief of Police.

Section 7 

No licensee or body-rub parlour operator shall permit any person under the age of eighteen (18) years to enter or remain in the body-rub parlour.

Section 8 

No licensee shall permit any person under the age of eighteen (18) years to be employed in a body-rub parlour.

Section 9 

No licensee shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the body-rub parlour.

Section 10 

  1. No licensee shall:  
    1. publish or distribute or cause to be distributed, any advertising matter or business identification card that describes or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than a body-rub;
    2. erect or post or cause to be erected or posted a sign, advertising or advertising device that describes or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than a body-rub.

Section 11 

No person shall operate a body-rub parlour in any area of the City zoned for residential or institutional purposes in the applicable zoning by-law.

Section 12 - Insurance

Prior to the issuance of the license, the applicant shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.

Section 13 - Transferability of license

The body-rub parlour license is not transferable.

Rooming Houses - Schedule No. 26

Section 1 - License required    

Every owner of a rooming house shall obtain a license for each rooming house by municipal address, save and except rooming houses in which the interior functions as one rooming house but the exterior has separate municipal addresses, in which case only one license is required.  

Section 2 to 4 - Conditions for issuance of a rooming house license

Section 2   

  1. No applicant for a rooming house owner license shall be issued a license unless:    
    1. the applicant is at least eighteen (18) years of age;
    2. the premises comply with zoning, building and property standards requirements of the City;
    3. the applicant has provided a report from the Chief Building Official confirming there are no outstanding orders related to the building;
    4. the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;
    5. the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition;
    6. the applicant has provided the original documents dated less than ninety (90) days prior to the date of the application for a license, from the appropriate agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sectors;
    7. the applicant has provided proof of insurance as required by Section 12 of this Schedule;
    8. the applicant has provided the indemnification required by Section 13 of this Schedule;
    9. the applicant has provided the name and telephone number of the agent of the rooming house owner;
    10. the applicant has paid the fees outlined in Schedule "A" of this by-law.

Section 3   

The Chief License Inspector may impose such additional conditions with respect to the issuance of a rooming house license, as he or she deems necessary to ensure public safety.  

Section 4

Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the applicant's actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse issuance of the license.  

Section 5 - Conditions for renewal of a rooming house license 

  1. No rooming house owner license shall be renewed unless:    
    1. the premises comply with the property standards requirements of the City;
    2. if deemed necessary by the Chief License Inspector, the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;
    3. if deemed necessary by the Chief License Inspector, the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition;
    4. the applicant has provided proof of insurance as required by Section 12 of this Schedule;
    5. the applicant has provided the indemnification required by Section 13 of this Schedule;
    6. the applicant has provided the name and telephone number of the agent of the rooming house owner;
  2. the applicant has paid the fees outlined in Schedule “A” of this by-law.

Section 6 to 8 - Issuance or renewal of a rooming house license

Section 6  

The Chief License Inspector may impose such additional conditions with respect to the renewal of a rooming house license, as he or she deems necessary to ensure public safety.  

Section 7

Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the licensee's actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse renewal of the license.  

Section 8

  1. In addition to the requirements of By-law No. 2002-189, the Chief License Inspector shall indicate on the license certificate, upon issuing or renewing the rooming house license, the following:    
    1. the municipal address of the rooming house;
    2. the name and telephone number of the rooming house owner and of an agent of the rooming house owner to whom matters respecting the rooming house may be directly addressed; and,
    3. the number of units in the rooming house

Section 9 to 11- General regulations

Section 9

No licensee shall fail to post the license in a prominent location on the licensed premises so as to be clearly visible to the tenants and the public visiting the rooming house.  

Section 10

No person shall own or operate a rooming house without first obtaining a license to do so.  

Section 11

  1. No licensee or agent of the licensee shall fail to ensure that:    
    1. the licensee or his/her agent responds, within forty-eight (48) hours, to inquiries or service requests made by tenants, City representatives or the public;
    2. a record of all tenants is maintained, including identification information, emergency contacts, in accordance with relevant privacy legislation and for use only by the licensee or agent of the licensee;
    3. the door of each individual rooming unit has a functional view finder on the door;
    4. every new tenant is provided with relevant printed information including the rights and responsibilities of tenants under the Residential Tenancies Act, 2006;
    5. every tenant is provided with a secure location or manner in which to receive personal mail; and,
    6. an emergency evacuation plan is posted on each floor of the rooming house and is visible to all tenants and visiting public.

Section 12 - Insurance

Prior to the issuance of the rooming house owner license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability insurance coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof. The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.

Section 13 - Indemnification

The applicant or licensee shall indemnify and save harmless the City of Ottawa from any and all claims, demands, cause of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance or non-performance by the applicant or licensee of the requirements and obligations under By-law No. 2002-189 whether with or without negligence on the part of the applicant or licensee, their employees, directors and agents.  

Section 14 - Transfers

No rooming house owner license shall be transferable.