LICENCE Chapter 501 BUSINESS LICENCE FEES Article 1 INTERPRETATION 501.1.1 Application - defined 501.1.2 Chapter - defined 501.1.3 City - defined 501.1.4 Council - defined 501.1.5 Late fee - defined 501.1.6 Manager of Licensing - defined 501.1.7 Original fee - defined 501.1.8 Person - defined 501.1.9 Renewal fee - defined Article 2 GENERAL PROVISIONS 501.2.1 Fees - set out - Schedule ‘A’ - payment upon application 501.2.2 Fees - Schedule ‘A’ - annual 501.2.3 Refunds - formula - conditions 501.2.4 No refund - conditions 501.2.5 Fee - calculation - charitable organization - or affiliate 501.2.6 Multiple fees - same location - fee reduction 501.2.7 Inspection - Manager of Licensing - discretion Article 3 VALIDITY 501.3.1 Severability KITCHENER 501.1 MAY 2022 BUSINESS LICENCE FEES Article 4 ENACTMENT 501.4.1 Effective date SCHEDULE Schedule ‘A’ - Proposed Fees __________________________________________________ WHEREAS it is deemed expedient to exercise the powers conferred on Council by the Municipal Act, 2001, S.O. 2001, c. 25. Article 1 INTERPRETATION 501.1.1 Application - defined “application” shall include an application for a licence or renewal of a licence on the form provided by the Manager of Licensing and where permitted by the Manager of Licensing shall also include a verbal request for renewal of a licence. 501.1.2 Chapter - defined “Chapter” shall refer to a by-law of the City which has been incorporated into The City of Kitchener Municipal Code and assigned a chapter number therein unless inconsistent with the context in which the word is used. 501.1.3 City - defined “City” means The Corporation of the City of Kitchener. 501.1.4 Council - defined “Council” means the Council of The Corporation of the City of Kitchener. 501.1.5 Late fee - defined “late fee” means the fee payable upon application by an applicant, who in the previous calendar year held a licence respecting the same business at the same location that is noted on the submitted application, where application is not made or the fee therefor is unpaid by March 15th of the current year. By-law 2004-262, 6 December, 2004. 501.1.6 Manager of Licensing - defined “Manager of Licensing” means the Manager of Licensing appointed by Council of the City or in his/her absence the City Clerk appointed by Council of the City. By-law 2004-262, 6 December, 2004; By-law 2006-227, 27 November, 2006. KITCHENER 501.2 MAY 2022 BUSINESS LICENCE FEES 501.1.7 Original fee - defined “original fee” means the fee payable upon application by an applicant who has not in the previous calendar year held a licence respecting the same business at the same location that is noted on the submitted application. 501.1.8 Person - defined “person” includes a corporation and a partnership and the heirs, executors, administrators and other legal representatives of a person to whom the context can apply according to law. 501.1.9 Renewal fee - defined “renewal fee” means the fee payable upon application by an applicant, who in the previous calendar year held a licence respecting the same business at the same location that is noted on the submitted application, where application is made and the fee therefor is paid by March 15th of the current year. Article 2 GENERAL PROVISIONS 501.2.1 Fees - set out - Schedule ‘A’ - payment upon application Subject to Section 501.2.5 and Section 501.2.6, each person, applying for a licence in respect of a trade, occupation, calling or business, shall pay the fee set out in Schedule ‘A’ hereto unless another fee is specifically prescribed in the Chapter respecting licensing of that particular trade, occupation, calling or business. Fees paid shall be returned to the applicant if the application for a licence is denied. By-law 2004-262, 6 December, 2004. 501.2.2 Fees - Schedule ‘A’ - annual All licence fees set out in Schedule ‘A’ hereto are annual fees unless otherwise indicated. All licences set out in Schedule ‘A’ are subject upon change of location, to a fee of Seventy-Five Dollars ($75). By-law 2004-262, 6 December, 2004; By-law 2013-080, 10 June, 2013. 501.2.3 Refunds - formula - conditions Subject to Section 501.2.4, in those cases where a licence is surrendered by a person ceasing operation, and not due to Council’s revocation of said licence, the licence fee shall be partially refunded according to the following formula: (a) for a person ceasing operation from January 1st to March 31st in any year - for surrender - 75 per cent of the annual fee; (b) for a person ceasing operation from April 1st to June 30th in any year - for surrender - 50 per cent of the annual fee; and (c) for a person ceasing operation from July 1st to December 31st in any year - for surrender - no refund. By-law 2004-262, 6 December, 2004. 501.2.4 No refund - conditions No refund shall be given for any licence for which the fee payable for the full year is One Hundred Dollars ($100) or less; nor for any licence for which a per diem fee is charged, KITCHENER 501.3 MAY 2022 BUSINESS LICENCE FEES nor for any licence issued in respect of a trade, occupation, business or undertaking which is normally operated on a seasonal or part-time basis nor for an auctioneer’s or permanent vendor’s licence. 501.2.5 Fee - calculation - charitable organization - or affiliate Where an application is made for a licence by a recognized, registered bona fide charitable organization, the fee to be paid for such licence shall be the sum of 10 per cent of the fee that would otherwise be payable. In cases of doubt as to the application of this Section, the Manager of Licensing shall refer the application to Council for decision and Council’s decision shall be final and binding. By-law 2004-262, 6 December, 2004; By- law 2013-080, 10 June, 2013. 501.2.6 Multiple fees - same location - fee reduction Where an applicant pays or is required to pay licensing fees for more than one licence with respect to the same business location and where an inspection under one licence application satisfies an inspection requirement of another licence application, Council hereby delegates authority to the Manager of Licensing, and directs the Manager of Licensing to: (a) refund to the applicant the portion of any licensing fee paid as necessary to ensure that the applicant only pays one time for each required inspection; or (b) to waive payment of the portion of any licensing fee payable as necessary to ensure that the applicant only pays one time for each required inspection. 501.2.7 Inspection - Manager of Licensing - discretion The necessity of an inspection referred to in Section 501.2.6 will be in the sole discretion of the Manager of Licensing. Article 3 VALIDITY 501.3.1 Severability It is hereby declared that each and every of the foregoing Sections of this Chapter including the provisions of Schedule ‘A’ hereto and each licensing fee therein is severable and that, if any provisions of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. Article 4 ENACTMENT 501.4.1 Effective date This Chapter comes into force and effect on January 1, 2005. By-law 2004-262, 6 December, 2004. KITCHENER 501.4 MAY 2022 BUSINESS LICENCE FEES SCHEDULE Schedule ‘A’ – Fees 2020 FEES Original Renewal Late Fee Category Licence Fee Fee Alternative Massage Centre $426.00 $151.00 $313.00 Complementary Health Care Exempt Exempt Exempt Auctioneer $102 $77 $102 Beauty Salon $220 $128 $168 Buskers $56 $56 $56 Contractors $128 $77 $117 Convenience Store $219 $128 $173 Driving School $138 $77 $102 Farmers’ Market - Stationary $230 $179 $214 Farmers’ Market – Pop-up $128 N/A N/A Fireworks Vendor – Class ‘A’ $576 N/A N/A Fireworks Vendor – Class ‘B’ $233 $96 $218 Fireworks Vendor – Class ‘C’ $466 $96 $218 Food Shop – W/ Liquor Licence $316 $204 $245 Food Shop – W/O Liquor Licence $281 $189 $235 Food Truck $230 $128 $168 Laundrette $230 $128 $168 Lodging House $1,121 $910 $1030 Mobile Business $230 $128 $168 Motor Vehicle Facility $230 $128 $168 Nightclub $296 $189 $235 Old Gold $138 $77 $102 Payday Loan Establishments $587 $383 $459 Permanent Vendor $128 N/A N/A Pet Care Establishment $133 $77 $102 Pet Shop $133 $77 $102 Places of Amusement $184 $138 $179 Pop-up Shop $128 N/A N/A Public Hall $316 $204 $245 Refreshment Vehicle – Class A $230 $179 $214 Refreshment Vehicle – Class B $168 $128 $168 Refreshment Vehicle – Class C $189 $138 $179 KITCHENER 501.5 MAY 2022 BUSINESS LICENCE FEES 2020 FEES Original Renewal Late Fee Category Licence Fee Fee Special Events $230 N/A N/A Street Vendors $128 $128 $128 Temporary Vendors $102 N/A N/A Theatre $281 $189 $235 This by-law comes into force and effect on January 1, 2022. By-law 2012-153, 19 November, 2012, Schedule ‘A’; By-law 2013-080, 10 June, 2013; By-law 2013-156, 9 December, 2013; By-law 2014-146, 15 December 2014; By-law 2015-133, 14 December 2015, By-law 2016-121, 12 December 2016; By-law 2017-127, 11 December 2017; By-law 2018-029, 19 March, 2018; By-law 2018-128, 17 December, 2018; By-law 2019-135, 16 December, 2019; By-law 2021-105, 13 December, 2021. KITCHENER 501.6 MAY 2022