3666 To govern the licensing of businesses within the Corporation of the Town of Tillsonburg Consolidated
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3666
(Consolidated: By-Law 2025-106; By-Law 4269, Last Updated April 23, 2019)
BEING A BY-LAW to govern the licensing of businesses within the Corporation of
the Town of Tillsonburg;
WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001, c. 25,
25without limiting the broad powers granted to municipalities through sections 9, 10 and
11 of the Municipal Act, 2001, c. 25 provides that a local municipality may licence,
regulate and govern any business wholly or partly carried on within the municipality for
one or more of the following purposes: health and safety, nuisance control or consumer
protection;
AND WHEREAS Sections150 to 159 of the Municipal Act, apply to municipalities in the
exercise of a power to pass by-laws licensing businesses under any section of this Act
or any other Act. 2006, c. 32, Sched. A, s. 82.
AND WEREAS it is necessary and expedient that there shall be rules governing the
licensing of businesses within the Corporation of the Town of Tillsonburg.
AND WEREAS the Council of the Corporation of the Town of Tillsonburg deems it
expedient and necessary to repeal By-Laws 996, 1866, 1867, 2100, 2315, & 2761;
THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACT AS
FOLLOWS:
1.0 SHORT TITLE
This By-Law shall be known as and referred to as the “Town of Tillsonburg
Business Licensing By-Law”.
2.0 DEFINITIONS
In this by-law
“antique/collectible show/flea market” shall include the exhibiting or offering for
sale on a temporary basis at one location, antique or collectible goods, wares or
merchandise where such is permitted under the Town’s Zoning By-law.
"applicant" means a person who is required to be Licenced pursuant to this by-
law or who has made an application for a Licence to the Clerk and shall include a
Licensee.
"attendant" means any person other than a Licenced owner or operator who
provides services.
"auctioneer" means any person selling or putting up for sale goods, wares,
merchandise or effects by public auction.
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"business" means a trade, business or occupation and includes the sale or hire
of goods or services on an intermittent or one-time basis, the showing for the
purpose of the sale or hire of samples, patterns or specimens of any goods and
any activity or thing.
“charitable organization” means an organization which is created primarily for a
charitable object or purpose in Ontario, is operated not for profit, and includes a
religious organization or minor sports group.
"chief building official" means the person who may, from time to time, be
appointed by Council to the position of Chief Building Official in conformity with
the provisions of the Building Code Act, S.O., 1992, By-Law 23 or his designate.
"chief fire official" means the person who may, from time to time, be appointed by
Council to the position of Chief of the Fire Department of the Town or his
designate.
“clerk” means the Clerk of The Corporation of the Town of Tillsonburg.
“council” means the Council of The Corporation of the Town of Tillsonburg.
“door to door sales” shall include any business, person or organization which
engages in the solicitation, sale, purchase or rental of goods, wares,
merchandise or services, or has aforementioned actions conducted on their
behalf, on a door to door basis.
“door to door salesperson” shall include any person who engages in the
solicitation, sale, purchase, or rental of goods, wares merchandise, or services
on a door to door basis including salespersons or agents.
“ice cream bicycle" means an insulated container for storing and transporting
frozen ice cream, propelled totally by muscular power without motorized
assistance and from which ice cream and other frozen confections may be sold.
“ice cream truck" means a vehicle modified to transport frozen ice cream from
place to place, which is duly licensed by the Ministry of Transportation and is
capable of being driven on highways or within municipalities and from which ice
cream and other frozen confections may be sold.
“keeper” shall mean the proprietor or manager of a business.
"Licensee" means a person who has been issued a Licence pursuant to this By-
Law either in the current calendar year or in a previous calendar year and shall
include an Applicant.
“Licensing Officer” means the Clerk of the Town of Tillsonburg or his/her
designate.
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“local producer” means any person who grows local produce, including those
who reside in abutting townships.
“local produce” means products grown on lands in the Town of Tillsonburg or
surrounding Townships and Counties.
"mobile vending vehicle" means a motorized vehicle as defined by the Highway
Traffic Act designed for the purpose of preparing, selling or dispensing food or
drinks from the actual vehicle, intended for the consumption by the general
public.
"Municipal Law Enforcement Officer" means a person appointed under authority
of the Police Services Act for the purpose of enforcing Town by-laws.
“non-profit charitable organizations” means whether incorporated or not, which
have objects and purposes that are exclusively and wholly charitable. The
organization is recognized by Revenue Canada as being “charitable” and it is
complying with the reporting requirements under the Charities Accounting Act or
is completing a Public Information Return under the Income Tax Act.
“non-profit non-charitable organizations” means whether incorporated or not,
which have objects and purposes that are both charitable and non-charitable and
that raise money for the relief of poverty, the advancement of education, the
advancement of religion, culture and the arts, health and welfare and for athletic
clubs and associations.
“owner” means a person who has in respect of premises, an estate for life or a
greater estate, legal or equitable or leasehold estate.
“pawnbroker” means a person who carries on the business of taking by way of
pawn or pledge any article or second hand goods for the repayment of money
lent thereon.
“pawn shop” means a place where the business of a pawnbroker is carried on
and includes any area where any such goods are stored or the business is
carried on and all relevant documents pertaining to the conduct of operating a
pawn shop.
“person” includes a corporation or a partnership.
“reasonable grounds” a set of facts or circumstances which would cause a
person of ordinary and prudent judgment to believe beyond a mere suspicion.
"refreshment vehicle” means a vehicle as defined by the Highway Traffic Act, or
portable unit designed for the purpose of preparing, selling or dispensing food or
drinks intended for consumption by the general public.
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“refreshment stand” means any facility (other than a restaurant or similar
permanent establishment) from which food and refreshments are for sale or sold
for consumption by the public on a seasonal basis, but does not include a
refreshment vehicle.
"salesperson" means a person who, within the Town of Tillsonburg, goes from
place to place or to a particular place with goods, wares or merchandise for sale,
or who carries and exposes samples, patterns or specimens of any goods, wares
or merchandise that are to be delivered in the municipality afterwards. Shall
include a Door to Door Salesperson or any person who engages in the
solicitation, sale, purchase, or rental of goods, wares merchandise, or services
on a door to door basis including salespersons or agents. Shall not include a
business to business salesperson.
“second-hand goods” shall include but not limited to clothes, books, bottles,
bicycles, automobiles, furniture and electronics.
“second hand goods dealer” means a person who carries on the business of
selling second hand goods.
“second hand goods shop” means a place in which a second hand goods dealer
exercises the trade of receiving or taking on consignment any second hand
goods for resale and includes any area where any such goods are stored or the
business is carried on and all relevant documents pertaining to the conduct of
operating a second hand goods shop.
"services" includes activities, facilities, performances, exhibitions, viewings and
encounters, but does not include the exhibition of film approved under the
Theatres Act.
"to provide" when used in relation to services, includes to furnish, perform, solicit
or give such services and "providing" and "provision” have corresponding
meanings.
“Town” shall mean The Corporation of the Town of Tillsonburg.
3.0 GENERAL PROVISIONS
3.1. Application - in writing
Every application for a Licence shall be made in writing on a form provided
by the Clerks’ Office and may be obtained at the Tillsonburg Customer
Service Centre or the Town’s web site and the required fee shall be
deposited upon approval of the application.
3.2. Fee - set out
The Licence fee for each Licence required shall be set out in the current
Town of Tillsonburg Rates & Fees By-Law.
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3.3. Licence – term
Licence issued pursuant to this By-Law shall be for a period from January
1 to December 31 each year, except as set out in Section 4.
3.4. Licence - issue subject to requirements
Subject to the applicant meeting the requirements of this By-Law, Each
licence shall be issued in the name of the Town and shall be granted and
signed by the Clerk and the Director of Finance and/or their designates.
3.5. Licence - displayed - clearly visible
Every Licence issued in accordance with this By-Law shall be displayed in
a prominent place and be clearly visible to the public at all times.
3.6. Every Salesperson Licence, licenced in accordance with this By-Law shall
at all times, while carrying on business, carry the licence with him/her and
shall upon demand exhibit it to any Municipal By-law Enforcement Officer,
Citizen of the Town of Tillsonburg or Ontario Provincial Police Officer.
3.7. Every Licence applied for pursuant to this By-Law shall be subject to the
following inspections/approvals where required:
All applications subject to:
i) Zoning approval
ii) Building Department approval
iii) Fire Department approval
The following approvals required based on the type of business
iv) Health Unit approval where required
v) boards, commissions, authorities or agencies as the Clerk
considers may have an interest or potential interest in the
application, and who may submit comments or recommendations to
the Clerk in respect of the application
3.8. Approvals must be received from each department/agency as set out in
Section 3.7 before a Licence is issued.
3.9. The Licensing Officer may refuse a licence if any applicant who, have past
breaches of this By-Law or because of failure to comply with the
requirements of this By-Law or other applicable By-laws of the Town or of
any local board thereof, or of any statute, order-in-council, or regulation of
the Provincial Legislature or the Parliament of Canada or of any Agency,
or Board or Commission thereof, in, upon or in connection with the applied
for licenced activity of the premises, facilities, equipment, vehicles and
other property used or kept for hire in connection with the Licenced
activity.
The Licensing Officer or designate shall give the applicant notice of the
refusal to issue the licence applied for, in writing, said notice to be served
personally or by mail to the applicant at the address shown on the
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application.
3.10. If the Licensing Officer deems that the continuation of a business poses
an immediate danger to the health or safety of any person or to any
property, the Licensing Officer may, for the time and on such conditions as
considered appropriate, without a hearing, suspend a licence subject to
providing the licensee with the reasons for the suspension, either orally or
in writing and providing an opportunity to respond to them. If the
Licensing Officer deems it necessary to suspend a licence for any other
reason other than those listed above, then the licensee shall receive a
sixty (60) day notice to comply with the requirements of the licence. If at
the end of the sixty (60) day period the requirements have not been
complied with then the licence shall be suspended at that time.
3.11. While any licence granted under this By-Law is suspended or cancelled,
the licensee shall not exercise any right or privilege conferred by such
licence and any such licensee attempting to exercise any right or privilege
under such licence during such suspension or cancellation shall be liable
to the same penalties and may be prosecuted in the same way as though
such person had procured no such licence.
3.12. Notice of revocation of any Licence may be given by registered letter
mailed to the address on the Licence and upon such mailing the Licence
shall terminate.
3.13. Where the Licensing Officer refuses to issue a Licence, suspend or
revokes a Licence under this By-Law, the applicant or Licensee may
appeal this decision by filing with the Recording Clerk, an appeal in
writing, of the said decision within fifteen days of being notified of the
decision. The Recording Clerk shall provide the By-Law Appeals
Committee with a report as to the status of the licence.
3.14. Upon determination of the review hearing date, the Clerk or designate
shall give notice in writing to the applicant or licensee, said notice to:
a) include a statement:
i) as to the time, date, place and purpose of the review hearing;
and
ii) that, if the applicant does not attend the review hearing, the
By-Law Appeals Committee shall proceed in the absence of
the applicant or licensee and the applicant or licensee will not
be entitled to any further notice.
3.15. The By-Law Appeals Committee shall be comprised of the Chief Building
Official, CAO or designate, one member of the BIA and one member of
the Chamber of Commerce. Upon receipt of an appeal from an applicant,
the Committee shall hold a hearing in accordance with the Statutory
Powers Procedure Act and may, after the appropriate hearing is
conducted, issue a Licence, refuse to issue a Licence, revoke a Licence or
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suspend a Licence and may make any suspension of a Licence subject to
such terms or conditions as the By-Law Appeals Committee may prescribe
and a decision made pursuant to the exercise of these powers is final and
binding upon the applicant or any Licensee.
3.16. The By-Law Appeals Committee, in considering whether or not to issue a
Licence, refuse to issue a Licence, or to revoke or suspend a Licence may
have regard to the following:
a) whether or not the applicant or Licensee and the premises, facilities,
equipment, vehicles and other personal property used or kept for hire
in connection with the carrying on of a business which is Licenced or
which is required to be Licenced, pursuant to this By-Law, complies
with all requirements of this By-Law.
b) whether or not the applicant or Licensee has failed to promptly remedy
any reasonable concern with regard to those matters set out in this By-
Law or has committed past breaches of this By-Law.
c) whether or not the applicant or Licensee has failed to comply with any
requirements of any other applicable By-Law of the Town or any local
board thereof or of any statute, order-in-council or regulation of the
Provincial Legislature or the Parliament of Canada or of any Agency,
Board or Commission thereof, in, upon or in connection with the
Licenced activity or the premises, facilities, equipment, vehicles and
other property used or kept for hire in connection with the Licenced
activity.
d) whether the conduct of the licence holder or other related circumstance
afford reasonable grounds for belief that the carrying on of the
business of the licence holder in respect of the premises for which the
licence is sought would infringe on the rights or endanger the health or
safety of any other members of the public.
e) the fee payable in respect of the licence has not been paid.
f) the applicant is in default with respect to any financial or other
obligation to the Town.
3.17. The decision of the By-Law Appeals Committee to refuse to issue a
Licence, revoke a Licence or suspend a Licence may be subject to such
terms as the By-Law Appeals Committee shall impose and shall be final.
3.18. Despite any of the provisions of this By-law, any proceedings may be
disposed of by a decision of the Appeal Committee given:
a) without a hearing; or
b) without compliance with any other requirements of the Statutory
Powers Procedure Act or of this By-Law, where the licensee has
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waived such hearing or compliance.
3.19. No Licence issued under the provisions of this By-Law shall be
transferable and is only valid in respect of the person or of the premises
named therein, except that where two or more persons carry on business
in partnership in one location only one licence is required, unless such
transfer is approved by the Clerk.
3.20. Every Licensee shall re-apply as set out in this By-Law one month prior to
the expiry of the said Licence by filling out the appropriate application
form.
4.0 NEW OR EXISTING BUSINESS (located within a commercial zone) and/or
HOME OCCUPATION BUSINESS
4.1. Operation – without licence – prohibited
No person shall carry on business within the Town of Tillsonburg without
first having obtained a licence to do so. Such licence shall only be
required when first operating on the specific location and no renewals
shall be required. Change of location will require a new licence. The
licence is a requirement of the business owner and not the landlord of the
premises.
4.2. No person shall, by virtue of one licence, carry on business in more than
one location without first obtaining a licence for that location.
4.3. No person shall change the location of their business without obtaining a
licence for the new location.
4.4. No person shall transfer such licence to another person with whom they
have sold or transferred ownership of their business. Each new business
owner shall be required to obtain a new licence.
5.0 AUCTIONEER
5.1. Operation - without Licence prohibited
No auctioneer or person shall operate, maintain or engage in the
business, trade or occupation of an auctioneer within the Town without
first having obtained an Auctioneer's Licence to do so.
5.2. No auctioneer or person shall sell or put up for sale goods, wares,
merchandise or effects by auction within the Town without first having
obtained an Auctioneer's Licence.
5.3. No Auctioneer shall offer for sale or cause to be sold, goods, wares or
merchandise brought into the Town of Tillsonburg for the purpose of
disposing of them by auction sale, save and except:
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a) livestock and/or agricultural implements or used household articles,
furniture or effects, and
b) goods or chattels seized under an execution or detrained for rent,
being offered for sale by a sheriff or bailiff, and
c) goods or wares sold for a charitable purpose.
5.4. No Auctioneer shall dispose of by public auction, the stock in trade of a
merchant except for the purpose of closing out the business in which the
owner has been engaged and, such sale may be conducted for one day
for every year that the owner has carried on the same business
continuously but in no case shall such sale exceed five (5) days and it is
specifically provided that no goods, wares or merchandise shall be added
to the stock of such owner for the purpose of sale by auction.
5.5. Every person who exercises the business, trade or occupation of an
auctioneer shall, at the place of each auction, prominently display his or
her Auctioneer's Licence, his or her name and business address and shall,
on all public business, include such name and business address in the
advertisement.
5.6. No auctioneer shall permit any disorder in his or her auction room or
offices.
5.7. No auctioneer shall conduct or permit to be conducted any mock auction.
5.8. No auctioneer shall knowingly make or permit to be made any
misrepresentation as to the nature, content, quantity or value of any
goods, wares, merchandise or effects that may be offered for sale.
5.9. No auctioneer shall do anything that is calculated to, or which may
reasonably have the effect of confusing a purchaser as to the amount paid
for any article or articles.
5.10. No auctioneer shall 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.
5.11. No auctioneer shall sell or put up for sale by auction any goods, wares,
merchandise or effects on a reserved bid basis without first advertising the
fact of such a reserve bid prior to the auction and as well as announcing
clearly to those in attendance at the auction the fact of such reserve bid.
5.12. Every person who exercises the business, trade or occupation of an
auctioneer shall keep proper books of account of the business transacted
by him or her as an auctioneer. The books shall give the names and
addresses of the owner of the goods, wares, or merchandise to be sold,
the description of the same, the price for which the same may be sold, the
names and addresses of the persons purchasing such goods, wares or
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merchandise or any portion thereof, and the sale price, and the auctioneer
shall, after the sale of the same, or any portion thereof, account for the
proceeds and pay the same to the person or persons entitled to such
proceeds, less the auctioneer's proper and legal commission and charges.
The auctioneer 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 proper demand being made
thereof.
5.13. Every person/organization conducting an auction on behalf of a non-profit
charitable organization or non-profit non-charitable organization must
obtain a Daily Auction Licence.
6.0 VENDING/SALESPERSON
6.1. Operation - without Licence prohibited – for unprepared foods only
No salesperson shall go from place to place or to a particular place within
the Town of Tillsonburg, with goods, wares or merchandise for sale, or
carry and expose samples, patterns or specimens of any goods, wares or
merchandise that are to be delivered in the municipality afterwards without
having first obtained a Licence from the Town of Tillsonburg.
6.2. Every owner/operator of a fruit and vegetable stand shall obtain a Licence
for each location to sell local produce only. A fruit and vegetable stand
may be permitted only in the Service Commercial (SC), Neighbourhood
Commercial (NC) and Major Institutional (IN2) Zones, as defined in the
Towns current Zoning By-Law. .
6.3. The applicant shall take out a separate Licence for each location where
goods, wares, merchandise or local produce are sold from and the
applicant shall operate only in the location set out in the Licence.
6.4. No vending/salesperson shall operate from a specific location without the
written permission of the private property owner.
6.5. All mobile vending, fruit/vegetable owner/operators shall be prohibited to
operate on any municipal owned lands except for where a special event
permit has been issued by the Town.
6.6. No person/organization shall be required to obtain a Licence in
accordance with section 6 if the goods, wares or merchandise are being
sold on behalf of a non-profit charitable organization or a non-profit non-
charitable organization.
6.7. No owner of a business, operating in the Town of Tillsonburg shall be
required to obtain a Licence in accordance with Section 6; if the goods,
wares, merchandise, and/or fruit and vegetables being sold are such that
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are offered for sale in the aforementioned business premise and if such
items are sold on the property owned/occupied by the said business.
6.8. In addition to the exemption set out in Section 6.10, every owner of a
business must comply with the Town of Tillsonburg’s Zoning By-law.
6.9. The provisions of this Section shall not apply to a salesperson who are
operating in conjunction with any Council approved special event.
6.10. Every Mobile Vending Owner Operator shall provide the required parking
as per the Town of Tillsonburg’s Zoning By-Law.
7.0 FOOD VENDING
7.0. Operation - without Licence – prohibited – prepared food sales
No person shall operate or maintain a mobile vending vehicle within the
municipality without first obtaining a Licence to do so. Venders operating
under a Special Occasion Permit shall be exempt from this By-Law.
7.1. Refreshment vehicles or refreshment stands may be permitted to operate
only in the Service Commercial (SC), Neighbourhood Commercial (NC),
Restricted Industrial (MR) and General Industrial (MG) Zones, as defined
in the Town's Zoning By-law.
7.2. Notwithstanding Section 7.1, at the discretion of the Licensing Officer,
refreshment vehicles or refreshment stands may be permitted to operate
in an Institutional (IN1, IN2) Zone with a licence provided that the funds
from the sale of the food are used for charitable purposes.
7.3. No person shall operate any refreshment vehicle or refreshment stand
from any property except from a location or locations approved by the
Licensing Officer and as listed on the licence for such refreshment vehicle
or refreshment stand.
7.4. No person shall operate a refreshment vehicle or refreshment stand on
any municipal property, which shall, for the purposes of this by-law,
include, but not limited to, road allowances, municipal parks, parking lots,
Community Centre and recreation facilities, except as described in
Sections 7.5 and 7.6.
7.5. The operation of a refreshment vehicle or refreshment stand may be
permitted without obtaining a licence in a municipal park or facility under
the control of the Parks and Recreation Department during a special
event/tournament for which a Parks & Recreation Services Rental
Agreement or Special Events Planner has been obtained by a non-profit
community association or charitable organization.
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7.6. Licenced vendors who wish to operate at a Council sanctioned community
event at a location outside the Central Commercial zone must obtain the
express written permission of the event organizers, and provide a copy of
such letter of permission to the Licensing Officer at least one (1) week in
advance of the event.
7.7. No person shall operate a competing refreshment vehicle, refreshment
stand, Ice Cream Truck or Bicycle within 8 metres (26 feet) of any other
refreshment vehicle, refreshment stand or Ice Cream Vehicle/Stand or
within 8 metres (26 feet) of the vehicular entrance to the property or in any
location which will obstruct the flow of vehicles.
7.8. No person shall operate a refreshment vehicle or refreshment stand within
150 metres (492 feet) of any other restaurant.
7.8.1. Notwithstanding Sections 7.8, the location of special fund raising
events shall be at the discretion of the Licensing Officer.
7.9. Every person applying for a licence to permit the operation of a
refreshment vehicle or refreshment stand who intends to operate from
private property shall submit with the application a letter of permission with
respect to the proposed use from the registered property owner or his
authorized agent.
7.10. Notwithstanding anything in Section 7, the owner of a mobile lunch truck,
which has the sole purpose of travelling from place to place to serve a
number of private locations is permitted to serve his clients in any zone
and shall not be required to provide letters of permission from the property
owners.
All policy or policies shall also contain a cross-liability of interest clause
protecting the Town against any actions, causes of actions, claims and
demands whatsoever which may arise resulting from the Town’s issuance
of the permit to use the designated area.
7.11. Provisions Applicable to Ice Cream Trucks and Ice Cream Bicycle
No person shall operate an ice cream truck or an ice cream bicycle from
which is sold:
• heated or cooked food
• milk or any beverages
• any goods, wares or merchandise or other item other than ice cream,
and frozen refreshments.
7.12. Despite Section 7.3 & 7.4, ice cream vehicles may be permitted to operate
on municipal property, including road allowances and municipal parks.
7.13. No person shall operate or permit the operation of an ice cream vehicle on
any travelled portion of a road allowance within the BIA area.
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7.14. All persons shall operate or permit the operation of an ice cream truck or
bicycle in accordance with the Highway Traffic Act (HTA) and cycling
guidelines set out by the Ministry of Transportation.
Insurance
7.15. No person shall operate an ice cream truck or ice cream bicycle unless he
takes out and keeps in force during such operation a comprehensive
policy of public liability and property damage insurance acceptable to the
Licensing Officer.
7.16. The policy shall, at a minimum, provide insurance coverage in respect of
any one accident to the limit of five million dollars ($5,000,000) exclusive
of interest and costs, against loss or damage resulting from bodily injury
to, or death of one (1) or more persons and loss of, or damage to,
property.
7.17. Such policy or policies shall be in the name of the owner and shall name
The Corporation of the Town of Tillsonburg as an additional insured
thereunder, and shall state that The Corporation of the Town of
Tillsonburg shall be indemnified by the owner of the licence so that if a law
suit is filed against the Town, notwithstanding that the operator or owner of
the licence had general liability insurance, the operator or owner of the
licence or vehicle will be required to pay to the Town any and all costs it
incurred, or losses suffered by the Town, as a result of any legal
proceeding. All policy or policies shall also contain a cross-liability of
interest clause protecting the Town against any actions, causes of actions,
claims and demands whatsoever which may arise resulting from the
Town’s issuance of the permit to use the designated area.
7.18. The proof of insurance shall include a provision that the licensing officer
will be given at least ten day’s notice in writing of any cancellation,
expiration or variation in the policy.
7.19. No person shall fail to have the proof of insurance with him while operating
a refreshment vehicle or refreshment stand
8.0 PAWNBROKER
8.1. Operation - without licence – prohibited
No person shall carry on the business of a pawnbroker or second hand
goods dealer within the limits of the Town without having first obtained a
licence for such pawnbroker or second hand goods dealer as provided for
in this By-Law. A second hand goods dealer does not included flew
markets, second hand bookstores, second hand clothing stores or second
hand car dealers.
8.2. No person shall, by virtue of one licence, carry on business as a
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pawnbroker or second hand goods dealer in more than one shop.
8.3. Any licence issued pursuant to the provisions of this By-Law shall be
displayed in a conspicuous place in or on the premises where a
pawnbroker or second hand goods dealer is carrying on the business of a
pawnbroker or second hand goods dealer.
8.4. Where two or more persons carry on business as pawnbrokers or second
hand goods dealer in partnership in the same shop, only one licence is
necessary.
8.5. Any person requiring a new licence for a year following the date of expiry
of any previous licence shall apply for the new licence in the same manner
as any new applicant.
8.6. Every applicant for a pawnbroker or second hand goods dealer licence
shall provide in full, at the time the application is submitted, all of the
information requested on the application form as well as:
a) payment of the prescribed licence fee; and
b) in the case of a pawnbroker’s licence, security in the amount of $2,000
to the municipality in a form satisfactory to the Treasurer (which
security shall be maintained in effect for so long as the applicant holds
a pawnbroker’s licence); and
c) a current Criminal Records Check for all listed owners and managers;
and
d) any other document or information requested by the Clerk or
designate.
8.7. Every application will be subject to approvals from such municipal or
provincial departments or agencies, as the Clerk deems necessary.
8.8. A licence issued under the provisions of this Chapter shall not be
transferable and is valid only in respect of the person and the premises
named therein.
8.9. No licence shall be issued to any person in respect of any premises in
which the carrying on or operation of the trade, calling, business or
occupation for which the application is being made is in contravention of
any by-law of the Town.
8.10. Each licence granted under this By-Law shall be for one year from
January 1 in the current year and expire on the 31st of December one
year after issuance or sooner if the licence so indicates.
8.11. Applications for a renewal of a licence must be received by the Clerk or
designate on or before the 31st day of December in the year preceding the
year for which the current licence is intended to be renewed.
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8.12. Every licensee shall notify the Clerk within seven days of any change in
his/her business or home address.
8.13. Council may revoke any licence granted under this Chapter at any time if it
deems it in the public interest to do so and, in such event, the licensee
shall be given a refund of the licence fee proportionate to the unexpired
term of the licence.
8.14. The per annum licence fee payable shall be in accordance with the current
Rates & Fees By-Law for the Corporation of the Town of Tillsonburg.
8.15. Every person operating a pawn shop or second hand goods shop shall
carry a minimum of $2,000,000 comprehensive general liability insurance
and shall furnish proof of such coverage to the satisfaction of the Town
prior to being licenced.
8.16. The Clerk may revoke any licence granted under this Chapter at any time
if it deems it in the public interest to do so and, in such event, the licensee
shall be given a refund of the licence fee proportionate to the unexpired
term of the licence.
8.17. The Clerk or designate, in conjunction with the Chief of Police or designate
shall not refuse to issue, suspend or revoke a pawnbrokers/second hand
goods dealer licence to an applicant except where:
a) the past or current conduct of the applicant or licence holder afford
reasonable grounds for belief that the pawnbroker/ second hand goods
dealer is not carrying on or will not carry on the business of
pawnbroker/second hand goods dealer in accordance with the law and
with integrity and honesty; or
b) there is reasonable grounds for belief that the carrying on of the
business of pawnbroker/second hand goods dealer in respect of the
licence by the applicant or licence holder has or will result in a breach
of this By-Law or any other applicable law; or
c) the applicant or licence holder is a corporation or partnership and its
conduct or the conduct of its officers, directors, employees, agents or
partners affords reasonable grounds for belief that the
pawnbroker/second hand goods dealer business has or will not be
carried on in accordance with the law and with integrity and honesty; or
d) there are reasonable grounds for belief that the premises,
accommodations, equipment or facilities in respect of which the licence
is required do not comply with the provisions of this By-Law or any
other applicable by-law; or
e) the conduct of the licence holder or other related circumstance afford
reasonable grounds for belief that the carrying on of the business of
pawnbroker/second hand goods dealer in respect of the premises for
which the licence is sought would infringe on the rights or endanger the
health or safety of any other members of the public; or
f) the fee payable in respect of the licence has not been paid; or
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g) the applicant is in default with respect to any financial or other
obligation to the Town.
8.18. No person shall obstruct a person inspecting or withhold, destroy, conceal
or refuse to furnish any information or thing required by a person
inspecting for the purpose of this By-Law.
8.19. Issuance - rejected – cancelled – suspension – as per the General
Provisions contained herein.
8.20. No licensee shall purchase, take in exchange or receive any second hand
goods, article or thing from any person under the age of fourteen years of
age without written authority from a parent or guardian of such person.
8.21. Every licensee shall ensure that a seller presents one piece of
identification that is integrated with a photograph:
a) a valid driver’s licence;
b) a passport issued by the government of origin;
c) a “Bring Your Identification” card issued by the Liquor Control Board of
Ontario;
d) a certificate of Canadian Citizenship issued by the Government of
Canada;
e) a Conditions Release Card issued by Correctional Services of Canada;
or
f) a student card.
8.22. Every licensee shall ensure that prior to purchasing, taking a pledge,
taking in exchange or taking on consignment any second hand goods, a
record is made in a recording system approved by the Chief of Police or
designate of:
a) the day, month, year and time of the transaction;
b) the full name, date of birth, and address of each seller;
c) the full particulars of the seller’s identification;
d) a detailed description of each second hand good sufficient to identify it
including, where applicable, make, model, serial numbers, markings,
titles and any other identifying numbers, letters or designs;
e) the purchase or consignment price of each second hand good or a
description of the item exchanged for it; and
f) the clearly marked name of the person conducting the transaction.
8.23. Every licensee shall, when requested by the Chief of Police or designate
at any time during business hours, produce transaction records for
inspection. If requested by the Chief of Police or a member of the Ontario
Provincial Police Services every licensee shall permit the removal of any
transaction record from the premises for the purpose of photocopying or
for use in any court proceedings.
8.24. The Chief of Police or designate shall be authorized to inspect:
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a) the portion of any premises being used for carrying on the business of
a pawnbroker or second hand goods shop; and
b) any goods, wares, merchandise, records or other documents of or
relating to a pawn shop or a second hand goods shop.
8.25. Any property found during an inspection that appears to have been
improperly or illegally obtained, or is known to be stolen, or found to have
been obtained by the seller or any other person through the commission of
an offence against this By-Law or any provincial or federal statute, may be
seized by the Chief of Police or designate for investigation, for use as
evidence in court proceedings, or for return of the said property to its
rightful owner without remuneration by the rightful owner, the Chief of
Police or designate, the Town or its agents to the licensee.
8.26. In circumstances where the Chief of Police or designate suspects that
specified second hand goods were stolen, a peace officer shall be entitled,
upon providing a receipt, to remove such second hand goods for the
purpose of criminal investigation provided such second hand goods are
either returned within sixty days or further retained by means of a court
order.
REFUSAL - REVOCATION - SUSPENSION OF LICENCE
8.27. The Clerk shall notify the holder of a pawnbroker/second hand goods
dealer licence by registered mail, when he/she has cause to believe on
reasonable grounds that any of the information which an applicant or
holder of a pawnbroker/second hand goods dealer licence is obliged to
supply or has supplied is inaccurate that unless the inaccuracy, non-
compliance or contravention is corrected within thirty days, the licence
shall be revoked.
8.28. The Clerk shall notify the holder of a pawnbroker/second hand goods
dealer licence by registered mail when he/she receives information that
the pawnbroker/second hand goods dealer does not comply with all
applicable requirements under a statute, regulation or by-law that, unless
the inaccuracy, non-compliance or contravention is corrected within thirty
days, the licence shall be revoked.
8.29. The Clerk shall notify the holder of a pawnbroker/second hand goods
dealer licence when he/she has cause to believe that an order issued
under the authority of a court with competent jurisdiction has been
disobeyed by the holder of the pawnbroker/second hand goods dealer
licence that, unless the inaccuracy, non-compliance or contravention is
corrected within thirty days, the licence shall be revoked.
8.30. Non-compliance - licence - revoked – notice – see General Provisions
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8.31. Every person who contravenes any of the provisions of this By-Law is
guilty of an offence and upon conviction is liable to a fine or penalty as
provided in the Provincial Offences Act.
Each day a violation of this By-Law continues shall constitute a separate
and distinct offence under this By-Law.
9.0 FEE WAIVED
9.1. Non -profit community associations, charitable organizations, service clubs
and other organizers of special fund-raising events carried on solely for
the benefit of a particular charity or non-profit organization are not required
to obtain a licence to operate any refreshment vehicle or refreshment
stand and comply with the requirements of this by-law. The licence shall
not be required and no fee charged provided that the person, organization,
association or service club has completed the requirements contained in
the facility contract or special events planner from the Parks & Recreation
Services for the event and the applicant is directly responsible for the
vending operation.
9.2. The Tillsonburg Business Improvement Area (BIA) and organizers of Town
initiated events are not required to obtain a Business Licence to permit the
operation of refreshment vehicles and refreshment stands from the
downtown location and during outdoor events organized by the BIA or
initiated by the Town. The BIA and Town initiated events are exempt from
the provisions of this by-law however notification must be provided to the
Clerk setting out the details and number of vendors attending the event.
9.3. The provisions of this by-law do not apply to the Tillsonburg Farmers
Market held on Saturdays on Bridge Street at the Station Arts Centre.
9.4. Garage sales, second hand book sales, second hand clothing sales,
fundraising events conducted by charitable or religious organizations shall
be exempt from the provisions of this By-Law.
10.0 OFFENCE AND PENALTY
10.1. Every person who contravenes any provisions of this by-law or any
director or officer of a corporation who concurs in such contravention by a
corporation is guilty of an offence and, upon conviction, shall be liable to a
fine as provided under the Provincial Offences Act, R.S.O. 1990, as
amended from time to time.
11.0 WORD USAGE
11.1. As used in this by-law, words used in the present tense include the future;
words used in the masculine gender include the feminine and neuter; and
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the singular number includes the plural and the plural the singular.
11.2. The headings and subheadings used in this by-law shall not form part of
the by-law, but shall be deemed to be inserted for convenience of
reference only.
12.0 SEVERABILITY
12.1. Should any section or subsection of this by-law or any part or parts thereof
be found by law to be illegal or beyond the power of the Council to enact,
such section or subsection or part or parts thereof shall be deemed to be
severable so that the remainder of this by-law is separate and therefore
enacted as such.
13.0 CONFLICT WITH ANY OTHER BY-LAW
13.1. In the event of any conflict between any provisions of this by-law and any
other by-law heretofore passed, the provisions of this by-law shall prevail.
14.0 EFFECTIVE DATE
14.1. This by-law shall come into force and take effect on the day it is passed.
READ A FIRST AND SECOND TIME THIS 12 DAY OF November , 2012.
READ A THIRD AND FINAL TIME AND PASSED THIS 26 DAY OF November, 2012.
Mayor – John Lessif
Clerk – Donna Wilson