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HomeMy WebLinkAboutFCS-17-149 - Comprehensive Business License ReviewREPORT TO: Finance and Corporate Services Committee DATE OF MEETING: December 4, 2017 SUBMITTED BY: Christine Tarling, Director of Legislated Services/City Clerk, 519- 741-2200 ext. 7809 PREPARED BY: Helen Fylactou, Manager of Licensing, 519-741-2200 ext. 7854 WARD(S) INVOLVED: ALL DATE OF REPORT: November 20, 2017 REPORT NO.: FCS-17-149 SUBJECT: Comprehensive Business Licence Review ___________________________________________________________________________ RECOMMENDATION: That the new Comprehensive Business Licensing By-law, as attached to and outlined in staff report FCS-17-149, be approved; and That the 2018 User Fee Schedule be amended to include the fees set out in Appendix EXECUTIVE SUMMARY: The Comprehensive Business Licensing Review has been completed with a focus on consumer protection, health and safety, and nuisance control, and with the purpose of creating a clear, concise, and modern by-law. The proposed by-law, fees, and processes take a customer-focused approach to business licensing to support neighbourhood and community organizations as well as to facilitate business development while still protecting the public. Key improvements outlined in this report are: Fair fees for all types of businesses; Removal of barriers where possible; Clear and rational regulations where needed; Streamlined processes for all businesses; and #lovemyhood strategy. Part of the focus on customer service is to create a one-stop shop for applicants, which entails implementing online business licence applications as well as eliminating the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 need for business licence applicants to go from city department to city department to arrange the requisite inspections. Instead, Licensing Services staff will arrange for all the necessary inspections with other departments on behalf of the applicants. This will provide business owners, Neighbourhood Associations, and other community organizations with more efficient customer service; thereby saving them time and money. In addition to the above, the removal of barriers includes eliminating the cost of a licence for neighbourhood grant recipients, and extending the charitable fee to Neighbourhood Associations and other recognized community organizations. In this way, staff is supporting local residents who are working together to help achieve the neighbourhoods. Another important component of focusing on customer service was to ensure consultation with business owners and City staff involved in the licensing process. Through stakeholder engagement and collaboration, Licensing Services staff has incorporated the diverse voices and perspectives of our community to within the proposed by-law and fees. The main areas of focus about which staff received comments are outlined in Table 1 below: Table 1 What We HeardWhat We Are DoingWhat It Achieves Creating a one-stop shop Customer-focused approach Application Process is too systemMore efficient and less expensive onerous Creatingan online process for business owners application processElimination ofunnecessarytasksor Creating a toolkit for new steps businesses Createda category specific Supports Neighbourhood Difficult for residentsto to these types of Pop-up Placemaking have special events MarketsBuilds partnerships in the (example: IncludedNeighbourhood community Markets) Associations and other Makes it easier and more affordable Community Organizations for citizens to organize events and in charitable feepromote community engagement Removed fees for neighbourhood grant recipients Reducedthe fees for new Supports the attraction, retention, Licensing is difficult for licences to attract new and development of businesses small business owners businessesMinimizes the need for business Removed unnecessary owners to come to City Hall to apply regulationsor renew their licences Enabling online licensing Created fees based on a Reduction in fees therefore Fees for New Business cost-recovery modelpromotes smaller businesses and and Temporary Vendors Created a categoryfor Pop-temporary vendors to operate in is a barrier up Shops Kitchener Supports businesses wanting to test the market 5 - 2 Through the Comprehensive Business Licence Review, staff implemented several enhancements based on the stakeholder comments and the result is the creation of an easy to understand by-law and a customer-focused approach to the business licensing process.The by-law finds the balance between the necessary business regulations, for the purpose of consumer protection, and the needs of the business owners. The methodology behind the comprehensive review and improvements made are outlined in more detail below. BACKGROUND: The Municipal Act, 2001 provides municipal councils with the authority to license, regulate, and govern any business, wholly or partly carried out within its boundaries. The primary reason for licensing and regulating businesses within a municipality is to protect the public interest as it relates to the following: 1. Health & Safety; 2. Consumer Protection; and 3. Nuisance Control. For the aforementioned reasons, it is important to ensure that business licensing by- laws and processes meet the needs of the community, are customer-service focused, and abide by any additional governing legislation. Staff has reviewed many of the individual licensing by-laws, and has developed a Comprehensive Business Licensing By-law. of the Comprehensive Business Licensing By-law. REPORT: Annually, Licensing Services administers approximately 2,700 business licences, across 91 categories within 34 by-laws (Municipal Code Chapters). As the number of business licences grows, staff has needed to ensure those by-laws and associated processes meet the needs of the community and are customer-focused. As the City has grown and changed, so too has its business landscape. Although sections of by-laws have been amended -laws and processes require a more comprehensive and cohesive review approach in order to ensure consistency and appropriateness across all business licensing categories. As well, there have been changes in the needs of the business community and emerging trends such as the shift from primarily stationary businesses to an increase in mobile businesses- business licensing by-laws, leveraging technology, and employing industry best practices will enable the Business Licensing Program to better meet the needs of businesses and the community. In 2016 staff collected input from business owners through its on-line public engagement tool, and is continuing to engage with specific business categories that may be impacted by the review. The majority of the responses received through the 5 - 3 survey were from current business licence holders. Of this group, over 65% reported the current by-laws are not easy to understand and do not support businesses in Kitchener. Through the public engagement, the two largest categories that staff heard needed improvement were the amount of regulations and the cost of a licence, specifically in regards to temporary, mobile, and special occasion licences. Respondents indicated that while they understood the importance of the regulations, they wanted to more easily identify what category they fit into and to obtain a licence more efficiently and quickly. Through the Comprehensive Business Licensing Review and the development of a new by-law, staff committed to resolve as many issues as possible by using thepreviously Council-approved Principles as follows: Eliminate duplication, Streamline processes and go digital, Support business development, Establish regulations based on risk, Reduce regulations and requirements, Create a more efficient and effective application process, and, Make the fees appropriate and fair. Key Changes: Licensing Services identified the need to modernize the business licensing by-laws and processes nuisance control while also reducing barriers for businesses. As well, staff saw the need to examine business licensing fees for all categories in order to reflect an appropriate level of cost-recovery along with enhanced service levels and efficient processes established within the new licensing program. With that in mind, the goals of the Comprehensive Review are to: Create clear, consistent, and concise by-laws, policies, and processes; Streamline processes and reduce redundancy; Remove licensing requirements that are no longer applicable; and, Modernize existing by-laws and make them easier to understand. The proposed by-law consolidates the majority of licensing by-laws into one Comprehensive Business Licensing By-law. The by-law will continue to license many types of classes of business for the purpose of health and safety, consumer protection, and nuisance control. Some of the key changes include consolidation of Chapters, elimination of Chapters, and creation of new classes of licence. As part of the review of each Chapter, staff applied the previously Council-approved Principles to create a clear and consistent by-law that can be easily understood by both staff and the public. 5 - 4 Key Changes: 1. Consolidation of Chapters: In an effort to streamline processes, staff is proposing to consolidate several chapters together to eliminate redundancy and the need for businesses to obtain multiple licences. It is expected the consolidation will also reduce confusion for applicants and make the application process quicker and simpler something the business community had requested. For example, there were four Chapters that dealt specifically with stationary businesses that serve food but had different inspection requirements and fees. The Chapters that have been combined into a new class of licence are: Previous ChaptersNew Category Amusement Arcades, Amusement Place of Amusement Place, Billards Master Drain Layer, Plumbers, Contractor Portable Sign Lessor Food Shop, Meat, Milk, Place of Food Shop Refreshment In addition to consolidating the Chapters, staff has revised the definitions to be more inclusive and to add more clarity. In some cases, the revised definition has expanded the category allowing staff to licence certain businesses that previously were not licensed, or were licensed under a Permanent Vendor licence.For example, expanding the definition of contractors allows staff to licence businesses such as building renovators and driveway paving as contractors instead of permanent vendors. This helps staff ensure that proper regulations and requirements are being followed and all types of contractors are similarly licensed. It will also allow for better statistics on how many specific types of licences exist within the City. The new by-law creates legislation that is clear and concise making it easier for staff to provide information to the business owners, as well as reducing the amount of time spent on the application process which will enable businesses to open sooner andallow staff more time for public education and proactive enforcement. 2. Elimination of Chapters: In engaging business owners, staff heard there are certain businesses currently licensed under City of Kitchener by-laws that also require a licence from the Region, the Province, or another governing body or under another piece of legislation. Requiring these businesses to also obtain a City of Kitchener licence, adds an unnecessary layer of regulation and cost for those businesses. In order to attract and retain such businesses, staff is proposing to address this issue in one of two (2) ways depending on the nature of the business: 5 - 5 1. Remove the requirement for a City of Kitchener business licence altogether; or 2. Reduce the City of Kitchener requirements in order to obtain a business licence, particularly where those requirements are already addressed by the other governing body or piece of legislation. For example, staff proposes to exclude Driving School Instructors from obtaining a business licence because they are regulated by the Province under regulation O.Reg 473/07 of the Highway Traffic Act. The additional municipal requirement is onerous and repetitive for the business owners. In addition, it is a challenge for staff to enforce drivers that are working in the City, but whose primary address is in a neighbouring municipality. The additional regulations and oversight do not increase the public interest as it relates to consumer protection. In addition, most municipalities use a risk-based model as part of the decision- making process for determining which businesses require a licence, and what requirements are attached to each type of licence. A risk-based approach to business licensing is a best practice as it allows resources to be used more effectively and efficiently while maximizing positive outcomes for business owners andthe consumer. Using a risk-based approach, staff has analyzed each business classification and determined the level of risk associated with each in order to protect the public interest. The types of risk that would be taken into consideration include, but are not limited to: i. Work s; ii. Vulnerability of the customer (e.g. being nude on massage table) and/or employees (e.g. establishment is open late or 24-hours); iii. Consumption of food/products; iv. Compliance with Fire Code Regulations (e.g. fire exits); and v. Compliance with Building Code Regulations. The likelihood of a high-risk occurrence (e.g. consumption of food) will determine whether or not there is a need for certain regulations and requirements in order to obtain a business licence such as aparticular type of inspection or a police clearance letter. The higher the potential risk posed by a specific business, the greater the need for licensing, and potentially more inspections. For low-risk businesses (e.g. clothing retailers), a licence may not be required, or there may be a lesser need for certain types of inspections. Based on the Principles of streamlining processes and using a risk-based model,the comprehensive list of Chapters staff is proposing to eliminate from requiring a business licence include: Business TypeReason Bill poster, sign poster, bill distributersLow Risk 5 - 6 Driving School InstructorsLegislated by the Province PawnbrokersLicensed by the Region of Waterloo Snow Disposal SitesLicensed and regulated by the Province (Ministry of the Environment), the Region of Waterloo, and other City departments Special SalesEliminate Duplication Street PhotographersLow Risk By reducing the amount of overlap with other governing bodies/legislation, businesses will benefit because the number of inspections and the cost to doing business will be reduced. This will also allow for businesses to be in operation sooner while still protecting the public interest. The Principles of elimination of duplication and using a risk-based model align with other municipalities including Waterloo, Cambridge, Hamilton, Brantford, and Guelph. 3. Creation of New Classes of Licences: Staff is aware of unlicensed businesses operating in Kitchener for which there is currently no by-law outlining the licensing requirements or fees. Using the risk- based approach, staff recommends the addition of new categories of business licences. It should be noted that if a type of business does not require a licence, that business is not prohibited, but rather it is unregulated. In addition, the public consultation and targeted stakeholder engagement revealed the by-laws were especially difficult for specifically pop-up shops and pop-up markets. To that end, staff has created categories to help eliminate some of the confusion for business owners and staff when trying to obtain a licence for a one-day market, or for a stationary business In order to protect the public interest as it pertains to health and safety, consumer protection, and nuisance control staff recommends that new categories of business licences be added to fill the current gaps as follows: Business CategoryExplanation Convenience StorePreviouslyrequiredup to 3types of licences (including place of refreshment, milk, and meat) sStand-alone schedule thatincludes pop-up markets, and stationary markets Motor Vehicle Facility Currently unlicensed NightclubRemoving from food shop licence Pet Care EstablishmentDoggie Daycares andnowincludes dog grooming which is currently unlicensed Pop-Up Shop market/location 5 - 7 The addition of these categories is a benefit to the public because it appropriately licenses and regulates businesses that previously were inappropriately licensed or unlicensed entirely. These new categories will now better enable compliance by educating the applicant on the requirements/regulations and to allow for inspections to take place with greater clarity. 4. Current Permanent Vendor Licenses: The current model of the Permanent Vendor licence includes any business not captured by one of the specific business classes and does not fit within an existing licensing by-law or Municipal Code Chapter. licence does not expire anddoes not require any updated inspections. Although it is a benefit to have a Permanent Vendor licence to capture businesses such as retail stores and general offices, the current model makes it difficult to ensure the correct requirements and inspections are being placed onthose businesses where needed. The new Business Licensing By-law separates business licence categories based on the type of activity of each business and includes specific requirements appropriate for those businesses including annual renewal requirements. Through the Comprehensive Review, staff eliminated 52% of the licence types from the Permanent Vendor category and shifted the business types into defined categories, most of which already existed. To ensure health and safety, consumer protection, and nuisance control, staff recommends that business owners who hold a current Permanent Vendor licence which has been moved a new category under the proposed by-law, reapply for a licence under the new process. Staff recommends that for the first year, no cost be associated with this transition but that the business be required to pay the renewal fee in subsequent years. 5. Proactive Education and Enforcement: Development, the Kitchener BIAs, and the Small Business Centre. These partnerships are important to allow for continued information sharing between Licensing, other City business units, and businesses about changing legislation and processes. Such connections will also enable staff to be more up-to-date with respect to the changing business landscape, upcoming special events, and what is or is not working for business owners. Bridging the gap between staff and businesses will help with gathering input from key stakeholders on an ongoing basis in order for staff to be more proactive and responsive in making changes to the by- laws and processes as needed. As Licensing staff builds these relationships and as enhancements are made to the application process along with implementing a digital renewal system, they will be able to focus more time on working with businesses in a positive and constructive way. Such measures would include providing more information and education to 5 - 8 businesses, increased identification of businesses operating without a licence, and better outreach to achieve compliance. 6. Application Process: In discussion with Economic Development, the Downtown Kitchener Business Improvement Area (DKBIA), Belmont BIA, and the Small Business Centre, the licensing by-laws on small businesses has been raised as a concern. The barriers noted included the cost of a licence, the number of requirements/inspections, and the number of required sign-offs. Since small businesses account for the majority of all the businesses licensed in Kitchener, the by-law regulations and requirements have a greater impact on them as they may not have the same resources available as larger businesses. Comments from small business owners about the application process being an onerous one were prominent during the stakeholder consultation. During the implementation of the Comprehensive Business Licence By-law, staff is committed to reducing barriers through the creation of a Business Licensing Toolkit as one means to help support new business development. The toolkit would aid City staff in creating a more supportive environment for local entrepreneurs and business developers. The toolkit would include such things as: Licensing Services as the primary channel of communication between businesses and city divisions. Support documents to help business owners through the licensing process (e.g. sample packages, checklists, list of contacts). Reasonable and transparent regulations, requirements, and fees. Accessible systems (e.g. public portal). Staff is proposing not only to implement changes to the amount of licence requirements where appropriate but also to streamline the submission process to make it more efficient. Together, both will decrease the temporal and financial costs for both staff and business owners. In order to help facilitate a more efficient process, staff will develop and promote an on-line application system to minimize the need for business owners to come to City Hall. The application and associated documents will be submitted on-line and each relevant City department involved will be electronically notified that an inspection or sign-off is required, thus negating the need for applicants to visit multiple City departments. As part of the technology advancement, staff will also develop a licensing database with public access which would include a search field where business owners will be able to track the progress of their application and the public can search whether or not a business or trade is licensed. The need for a search option was suggested through consultation with local contractors. Staff believes that by automating the current manual process, the applicant and Licensing 5 - 9 staff time will be better allocated to reviewing andissuing licences, and educating and guiding businesses/prospective businesses as well as performing more proactive inspections. 7. Cost Recovery Model for Fees: Typically, municipalities use a cost-recovery model for licensing fees based on the recovery of costs for administration, inspections, and enforcement of the business licensing program for all City departments involved in the licensing process including Fire Prevention, Building, By-Law Enforcement, and Planning as well as Licensing. Licensing staff believes the cost-recovery model remains appropriate because it is who benefit should pay for the service and that such service should not be subsidized. Thus, staff recommends the fees associated with the business licensing program use a cost-recovery model for new, renewal, and late fees. Fees may later be adjusted in accordance with changes made to the by-law as well as changes to processes and the use of technology as needed. It should be noted that using the proposed cost-recovery model has resulted in a reduction from the current fees for new and late fees. For example, a Pop-up Shop is currently licensed as a Temporary Vendor at a cost of $1541 to operate for 250 days in a calendar year. Under the proposed cost-recovery model, the licence fee for Pop-up Shops is $125. The reduction in cost not only reflects true administrative costs, but also supports the development of new businesses, especially those looking to test the market. Some renewal fees, however, have increased to more accurately reflect a cost-recovery model. With the proposed model, the new and renewal fees, also aligns with neighbouring municipalities licence fees. Staff does not recommend a pro-rated application fee since the cost to administer, inspect and enforce business licences is the same regardless of when a licence is obtained. A pro-rated application fee would not support cost-recovery nor would it be fair to business owners who paid the full cost earlier in the year. Exclusions: Staff has identified the need to exclude three by-laws from the current Comprehensive Business Licensing Review process, namely: the Adult Entertainment Parlours By-law, the Alternative Massage Centres By-law, the Fireworks Vendors, & the Lodging House By-law. The reason staff has determined these should be separated from the initial review is because they are more complicated By-laws with constantly evolving interpretations derived from case law. Staff wants to ensure a significant amount of time is dedicated to properly review these by-laws, complete a thorough comparator with other municipalities, and ensure these by-laws do not contravene any current legislation or case law. Staff understands the necessity to review and modernize the above-noted by-laws and so will prioritize the reviews as part of afuture work plan. In the meantime, these by- 5 - 10 laws will be maintained as stand-alone by-laws and will not be incorporated as part of the Comprehensive Business License By-law. Staff will report back to Council for each of these by-laws separately with recommendations to improve them as well as the associated processes and policies. The same Principles used to formulate the review of the current business licensing by-laws will be used to review the Adult Entertainment Parlours, Alternative Massage Centres, Fireworks Vendors, and the Lodging House By- laws. In addition, staff will bring forward a By-law in early 2018 that will repeal the Chapters and By-laws that will be replaced by the Comprehensive Business Licensing By-law. Program and By-law Review Period: The new Business Licence By-law and fees have been developed with the intention of having a 3-year review period in 2021. This will allow staff to develop a means by which to measure and compare data (e.g. number of on-line visitors, time spent submitting an application, time spent by staff) to help confirm the requirements and the fees are appropriate and fair. Staff willalso conduct an internal time study to ensure the fees associated with the program continue to be fair, accurate, and reflect full cost-recovery. In addition, staff will ensure all aspects of the by-law continue to be relevant, and make any minor revisions or undertake additional modernization as needed. As part of the 3-year review, staff will look at the impact the on-line system has had on Licensing Services and to business owners. Staff will also review and analyze the existing technology and monitor it for any potential upgrades to further facilitate business owners and the public. Staff is recommending that user fees for the Adult Entertainment Parlour, Alternative Massage, Fireworks Vendors, and Lodging HouseBy-laws remain the same until a full review of those by-laws has been completed. Staff will return to Council in 2018 seeking approval of the user fees. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority: Effective and Efficient City Services Strategy: 5.2 Improve the design and delivery of City Services so that they provide what citizens want in the most reliable, convenient and cost-effective way. Strategic Action: #116 Comprehensive Review of Business Licensing; and #122 Online Business Licensing FINANCIAL IMPLICATIONS: Staff is proposing a cost-recovery model for all licensing fees including renewal and late fees. The proposed fees for new licencesandthe late fees are reduced from the current fees; although most renewal fees have also been decreased,a small number of renewal fees have increased to more accurately reflect the cost of renewing business 5 - 11 licences. Based on the cost recovery model, the projected revenues will increase by approximately 5% total for business licensing.As previously mentioned in the Program andby-law Review section, staff is proposing to hold the fees for the next 3-years until a review is completed to ensure the fees accurately reflect the cost of the program. In addition, any recognized charitable organization will be charged a charitable fee which is 10% of the total licence fee, for licensed special events. Neighbourhood Associations and Community Organizations recognized by the City will be eligible to receive the charitable fee. Furthermore,any recipients of a neighbourhood grant will still need to obtain a licence; there will be no cost in doing so. COMMUNITY ENGAGEMENT: INFORM advance of the council / committee meeting. CONSULT There will be a continuation of internal and external stakeholder engagement associated with the implementation of the new Comprehensive Business Licensing By-law. Staff will continue to reach out to impacted stakeholder groups where staff has identified significant changes are needed to the licensing requirements. This may mean some businesses will be newly-required to obtain a licence, some will no longer require a licence, or some will have changes to the licensing requirements. COLLABORATE Throughout the development of the Comprehensive Business Licensing By-law, staff has reached out to several internal stakeholder groups, including Economic Development, Fire Prevention, Licensing staff, Community Services, and the Animal Welfare Agency South Central Ontario to solicit feedback and to incorporate suggestions to help streamline processes and add clarity for business owners and applicants. As part of the implementation phase, staff will continue the partnership between Licensing Services and various stakeholders, such as those City divisions that are part of the approval process, to work together on the development of new applications and information packages, as well as being part of the education to the public about the changes to the by-law and processes. The changes will include investigating a means by which to automate manual processes and create a more of a - PREVIOUS CONSIDERATION OF THIS MATTER: FCS-16-009 Comprehensive Business Licensing Review Scope of Review FCS-16-115 Comprehensive Business Licensing Review Update ACKNOWLEDGED BY: Michael Goldrup,Acting Deputy CAO, Finance & Corporate Services 5 - 12 FEES 5 - 13 REQUIREMENTS Licence TypeCurrent RequirementsProposed Police ClearancePolice Clearance Auctioneer Building, Health, Planning, Health,Insurance,Planning, Beauty Salon/Barber Shop Plumbing, PolicePlumbing Police-- Buskers PlumbingInsurance, Police Clearance Contractor NEW CATEGORYHealth, Planning,Police Convenience Stores Planning, PoliceInsurance, Planning, Police Driving Schools NEW CATEGORYHealth, Planning Building, Fire, Health, Planning, Building, Fire, Health, Food Shop Plumbing, PolicePlanning, Plumbing Fire, Health, PlanningFire, Health, Planning* Food Truck Fire, Planning, Plumbing, PoliceFire, Planning, Plumbing Launderette NEW CATEGORYFire, Health, Planning Mobile Businesses NEW CATEGORYFire, Planning,Plumbing Motor Vehicle Facility NEW CATEGORYFire, Planning, Plumbing, Nightclub Police Planning, PolicePlanning, Police Old Gold Planning, Humane Society(only Humane Society, Planning, Pet Care Establishment boardingkennel, breedingkennel,Plumbing* day care) Humane Society, Planning, PoliceHumane Society, Planning Pet Shop Planning, PolicePlanning Permanent Vendor Building, Fire, Hydro, Planning, Fire, Insurance*, Planning Place of Amusement Plumbing, Police NEW CATEGORYFire*,Health*,Planning Pop-up Shop Building, Fire, Planning, Fire, Planning, Plumbing Public Halls Plumbing, Police Fire, Health, PlanningFire, Health, Planning Refreshment Vehicles Fire, Health, PoliceFire, Health, Planning* Special Events HealthHealth Street Vendor Fire, Health, Planning, PoliceHealth* Temporary Vendor Building, Fire, Health, Hydro, Building, Fire, Health, Theatre Planning, Plumbing, PolicePlanning, Plumbing *May not be required depending on activity 5 - 14 THE BY-LAW BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER BY-LAW NO. 2017-XX BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF BUSINESSES IN THE CITY OF KITCHENER. WHEREAS it is deemed expedient to exercise the powers conferred on Council by the Municipal Act, 2001, Municipal Act AND WHEREAS section 151(1) of the Municipal Act authorizes a municipality to provide for a system of licences with respect to a business and to prohibit carrying on or engaging in the business without a licence and to take other actions with respect to such licences; AND WHEREAS section 151 (1) of the Municipal Act authorizes a municipality to license, regulate, or govern real and personal property used for the business and the persons carrying it on or engaged in it; AND WHEREAS Council considers it desirable and necessary to exercise its powers for the purposes of health and safety to ensure that businesses are conducted in a fashion and manner that does not adversely affect the health and safety of persons or result in illness, hazardous conditions, injury, or loss; AND WHEREAS Council considers it desirable and necessary to exercise its powers for the purpose of consumer protection for the prevention of unfair or potentially unfair business practices that could result in loss on the part of the consumer; AND WHEREAS Council considers it desirable and necessary to exercise its powers for the purpose of nuisance control to ensure that businesses are operated in a manner that will not adversely affect or cause a nuisance to other persons or businesses; AND WHEREAS Part XII of the Municipal Act authorizes a municipality to pass by-laws imposing fees or charges for services or activities provided or done by them; NOW THEREFORE Council enacts the follow: 5 - 15 1. Definitions means an individual eighteen years of age or older. means a machine, contrivance, structure, or vehicle used in a fair to entertain members of the public by moving them or causing them to be moved. means any member of the animal kingdom other than a human. s means The Animal Welfare Agency South Central Ontario which was formerly known as the Kitchener-Waterloo and North Waterloo Humane shall include its officers and employees. means the Person applying for a Licence or renewal of a Licence under this by-law. shall include any Application for a Licence or renewal of a Licence on the form provided by the Manager of Licensing, or their designate, and where permitted by the Manager of Licensing shall also include a verbal request for renewal of a Licence. Licence means a pre-determined fee approved by Council through the User Fee Schedule that is paid by a Person as part of the Application for a Licence. means a public sale in which item(s) are sold or offered for sale to the highest bidder. means any Person selling or putting up for sale goods, wares, merchandise, effects, or property by public Auction. Salon Salonmeans an establishment where any of the following services are provided: hair cutting, hairstyling, barber services, beauty treatments for face, hands, or feet, and including but not limited to waxing, nail services, tanning, piercing, tattooing, cosmetic tattooing, hair extensions, micro-blading, eyelash extensions, and electrolysis. means a place or facility, other than a Doggie Daycare, where more than three (3) dogs are kept or boarded and shall include a facility where more than three dogs are kept overnight for training purposes and shall also include a breeding kennel where dogs not legally belonging to the operator are kept for purposes other than breeding. meansa place or facility where dogs that are registered or eligible for registration with anassociations incorporated under the Animal Pedigree Act th (Canada), R.S.C. 1985, c. 8 (4 Supp.) are bred or raised. 5 - 16 except where inconsistent with the context means any business wholly or partly carried on within the City of Kitchener even if the business is being carried on from a location outside of the City of Kitchener and includes without limitation: a)trades and occupations; b)exhibitions, concerts, festivals, and other organized public amusement held for profit or otherwise; c)the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader; and d)the display of samples, patterns, or specimens of goods for the purpose of sale or hire. means a Person, or a group of Persons operating together, who play, act, sing, or otherwise perform or entertain for reward or payment in or upon any highway or public place. means the area known as Carl Zehr Square and located at 200 King Street West, in front of Kitchener City Hall. shall refer to a by-law of the City which has been incorporated in The City of Kitchener Municipal Code and assigned a Chapter number. means the Chief Building Official of the City or their designate. means the Chief Fire Official of the City or their designate. means the Police Chief for the Waterloo Regional Police Services or their designate. means The Corporation of the City of Kitchener. means property owned by the City. means a non-profit group of Persons organized for the advancement of activities of a civic, cultural, or recreational nature. means a Person engaged in the Business of altering, repairing, or renovating buildings or structures, and such Business may include, but is not limited to, cleaning homes or offices, installing fences, driveway paving, plumbing or drainage work, or installing, leasing, or renting portable signs, but does not include a building renovator whose principle Business is the construction of new buildings or structures and who is registered with the Tarion Warranty Corporation,or any electrician, master electrician, or electrical contractor. 5 - 17 means a Business that is open for long hours for the convenience of shoppers and stocks, sells, or offers for sale a range of everyday items, which may include items such as newspapers, magazines, soft drinks, confectionery, meat, and milk products. means the elected officials comprising the municipal council of the City. means the Downtown Kitchener Business Improvement Area boundary. means the Director of Legislated Services of the City or their designate. Class Imeans a place or facility where more than three but no more than nine dogs at once are kept or boarded, but no dogs other than up to three dogs that are owned by and licensed to a resident of the property are kept or boarded between the hours of 12:00 a.m. and 5:00 a.m. means a place or facility where more than nine dogs are kept or boarded at once but no dogs other than up to three dogs that are owned by and licensed to a resident of the property are kept or boarded between the hours of 12:00 a.m. and 5:00 a.m. -means any premises in which moving pictures are exhibited and viewed by the public from vehicles. means a Business that, for gain, teaches a Person or Persons to operate motor vehicles. means a Person engaged in the Business of or in the collection of clothing for the purpose of dry-cleaning, dry-dyeing, or cleaning, pressing, and spot or stain removal, or other similar applications to clothing or fabric. means a building or place where a group of Persons who operate stalls or other food premises meet to sell or offer for sale consumer products that may include, but are not limited to, Farm Products, baked goods, and preserved foods, and shall include permanent and seasonal Flea Markets. means products that are grown, raised, or produced on a farm and intended for use as food and may include, but are not limited to, fruits and vegetables, meat and meat products, dairy products, honey products, eggs, maple products, fish, grains and seeds, and grain and seed products. means a building or place where a group of Persons who operate stalls meet to sell or offer to sell goods or services to the general public and includes, but is not limited to, a . 5 - 18 means a Business where food products intended for human consumption are made for sale, offered for sale, stored, or prepared, but does not include the selling of only bottled or canned beverages, meat in an airtight package, or pre-packaged candies other than those required to be frozen, and includes, but is not limited to, a bake shop, restaurant,or an establishment or kitchen used for the purpose of catering or preparation of food for catering. means a motorized vehicle, other than a motorcycle or motor-assisted bicycle, from which food products are prepared, sold or offered for sale, but does not include a Refreshment Vehicle. means the written approval of the Region of Waterloo Public Health. nder the Highway Traffic Act, R.S.O. 1990, c. H.8. means an establishment with automatic washing machines, dryers, or dry cleaning machines available for public use for a fee. means a licence to engage in a Business issued under this By-law and the s means the Premises referred to on a Licence. means a Person who has been issued a Licence under this By-law. means a committee designated by Council for the purpose of hearing any appeal under this By-law. means any mechanical or aesthetic work on a Motor Vehicle and shall include without limitation work on brakes, tires, transmissions, upholstery, painting, detailing, or window tinting. means the Manager of Licensing of the City or their designate. means the Medical Officer of Health for the Region of Waterloo Public Health or their designate. means any Business that is operated from place to place offering or providing a product or service and that would be covered by one of the schedules of this By-law if the Business was operating in a building or fixed location, but shall not include any Person operating as a Contractor or Temporary Vendor. 5 - 19 means an Auction during which: a) any goods are sold to Person at aprice lower than the highest bid offered for the same; b) part of the bid price is repaid or credited to the bidder; c) the right to bid is restricted to those Persons who have bought or agreed to buy one or more goods at auction; or d) any goods are given away or offered as gifts. means an automobile, motorcycle, truck, trailer, or motor-assisted bicycle unless otherwise indicated in this By-law and any other vehicle propelled or driven otherwise than by muscular power but does not include a street car or other motor vehicle running only upon rails or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry, or road cleaning or road building machine. means a building or place where a Person engages in the Business of selling, offering for sale, or providing servicing or maintenance of a Motor Vehicle and shall include without limitation any new or used Motor Vehicle Dealership, Motor Vehicle Service Station, Motor Vehicle Service Shop or Specialty Shop, Motor Vehicle Repair Shop, supplier of new and used Motor Vehicle parts, Motor Vehicle inspection Centre, Motor Vehicle rental and leasing establishment, and Motor Vehicle Specialty and Service Shops. means a plate bearing a number issued by the City to a Licensee which includes a current year validation sticker. means a community group that is currently recognized by the City as an affiliated Neighbourhood Association. means an establishment or part thereof,having a principal function of the provision of pre-recorded or live music for dancing by patrons, where food and beverages may be served, and where the occupancy load is greater than 100 Persons. means the number of Persons that a building or part thereof is designed to accommodate. means an employee or agent of the City or a member of the Waterloo Regional Police Services and shall include, without limitation, the Manager of Licensing, a municipal law enforcement officer, by-law officer, or business licensing inspector of the City, the Director, the Chief Fire Official, the Chief Buil Director of By-law Enforcement, or any person or inspector duly authorized on their behalf or otherwise authorized by Council. means a business in which any Person purchases or deals in gold or any other precious metal which is not newly minted, including old jewelry or similar articles intended to be smelted or dismantled. 5 - 20 means the Ontario Regulation 213/07: Fire Code, under the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4. means a Person, who alone or with others, operates, manages, runs, or means the owner or tenant of a building. means a Person who sells goods or services, at one specific location, either directly or by way of sample or catalogue for delivery later, intends to do so for 250 days in a calendar year, and is not regulated by a schedule other than the schedule respecting Permanent Vendors in this By-law. includes an individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate, and a natural person in their capacity as heir, trustee, executor, administrator, or other legal representative. means a Business for the grooming, training, daycare of any pet, or the overnight boarding of Animals, and shall include any Boarding Kennel or Breeding Kennel but does not include veterinary practices or s Provider. means a Business that sells, has for sale, or keeps Animals including without limitation rodents, reptiles, fish, or amphibians. means an arcade, axe throwing venue, billiard parlour, bowling alley, roller skating rink, ice skating rink, curling rink, miniature golf course, paintball arena, laser quest venue, pool hall, driving range, shooting gallery, dance hall, cabaret, adventure room, rock climbing facility, or any other Place of Amusement not specifically provided for herein. means a police record check issued to the Applicant by the police service in whose jurisdiction the Applicant resides. means a police officer with the Waterloo Regional Police Services or the Ontario Provincial Police. -upmeans a short-term operation where a group of Persons who operate stalls sell or offer for sale Farm Products, baked goods, or preserved foods for one day a week at the same location for up to 30 days in a calendar year in total. -means a Person or Business who sells goods or services, at one specific location, for no more than 250 days in a calendar year by way of testing a location or operates as a seasonal or short-term vendor, but does not include a Person or Business selling similar goods or service for more than 250 days at the same location in the previous calendar year. 5 - 21 means a building, including a portable building or tent with a seating capacity for over 100 persons that is offered for use or used as a place of public assembly, but does not include a theatre or a building, except a tent, used solely for religious purposes. means food or drink which may be consumed by humans. means a Vehicle selling Refreshment but shall not include a Food truck. means a Refreshment Vehicle that is a stationary vehicle and licensed to operate at one specific location. means a Refreshment Vehicle propelled by muscular power, from which pre-bottled beverages, or confection goods including, but not limited to, fruit, candy, ice cream, and popcorn are sold for human consumption. means a Refreshment Vehicle that is a motorized vehicle that is moved from place to place and that offers for sale only pre-packaged foods, pre-bottled beverages, or ice confectioneries for human consumption,and may include food warming equipment. means a charitable organization, or charitable foundation within the meaning assigned by subsection 149.1(1) of the Income Tax Act, R.S.C. 1985, c. 1 th (5 Supp.), that is resident in Canada and was either created or established in Canada; or, a branch, section, parish, congregation, or other division of an organization or foundation described, that is resident in Canada. Regulations of this By-law provisions of this By-law including its schedules that are applicable to a Business. means any community, social, or cultural group celebration including a ceremony, street party, beer garden, festival, carnival, circus, midway, exhibition, or outdoor concert, but does not include a parade, wedding, funeral procession, picketing, trade show,or film event under permit. means a stationary vehicle or vendor licensed to operate on property owned by the City in Victoria Park or at specific street intersections, and will include without limitation any hot dog cart, portrait artist,or popcorn and confection stand. means a person who offers goods, wares, or merchandise for sale in any manner in the City of Kitchener,other than on a permanent basis, and operates for no more than 3 days consecutively, for a maximum of 90 days per calendar year. means a market where goods or services are sold that is closed to all except those registered with the industrial or professional organization holding the event. 5 - 22 means a building in which moving pictures are shown for public entertainment and may include single screen or multiple screen Theatres. -means all by-laws passed by Councilpursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, that restrict the use of land in the City. 2. Regulated Businesses a) The Businesses set out in Schedule 1 are subject to the requirements of this By-law and to the requirements of the applicable schedules as shown therein. b) The applicable requirements of a schedule to this By-law shall prevail over the general requirements of this By-law to the extent of any conflict. 3. Prohibitions 3.1. No Person shall: a) own, operate, permit to be operated, or act in the capacity of a Business set out in Schedule 1 without a Licence; b) own, operate, permit to be operated, or act in the capacity of a Business set out in Schedule 1 without complying with the Regulations of this By-law; c) operate a Business licensed under this By-law: i. at a location other than the Licensed Premises where applicable; ii. under any other name than the name(s) identified on the Licence; iii. except in accordance with the Regulations of this this By-law; or iv. without complying with any and all conditions or restrictions placed on the Licence; d) transfer or assign a Licence to any other Person or to any other location other than the Licenced Premises; e) obtain a Licence by providing mistaken, false, or incorrect information; or f) hold themselves out as Licensed under this By-law without holding the appropriate Licence. 5 - 23 3.2. Where a Person sells or transfers ownership of a Business to another Person, including the sale or transfer of shares in the Business, the Licence issued for that Business shall be void upon transfer. 3.3. This By-law shall not apply to a Business that is regulated by the following Chapters of The City of Kitchener Municipal Code: a) Chapter 502 Adult Entertainment Parlours; b) Chapter 508 Alternative Massage Centres; c) Chapter 544 Fireworks Vendors; and d) Chapter 553 Lodging Houses. 3.4 This By-law shall not apply to the following Businesses: a) tourist establishments as defined under the Retail Holiday Business Act, R.S.O. 1990, c. R. 30; b) community centre programming; c) second hand good shops; d) taxi cabs; e) salvage yards; f) driving school instructors; g) manufacturing; h) wholesale vendors; and i) farmers or gardeners selling produce of their own farm or garden at their own property. 4. Licensing Requirements 4.1. An Applicant applying for a Licence shall submit the following to the Manager of Licensing: a) a complete Application in the form prescribed by the Manager, which shall include the following information where applicable: I. t II. t 5 - 24 III. the address of the Business; and IV. the telephone number, facsimile number, and email address for the Business. b) the applicable Application Licence Fee and any documentation or forms required by the Manager of Licensing; c) where the Applicant is a partnership, a list of all the names of the partners; d) any other documents as required by the Regulations of this By-law; and e) any documentation that may be required by the Manager of Licensing with respect to investigations required pursuant to this By-law. 4.2. If not prescribed by the By-law, upon receipt of an Application, the Manager of Licensing shall make or cause to be made all investigations which he/she deems necessary or which are required by Council relative to the Application. 4.3. The Manager of Licensing may require the Applicant to have investigations conducted and obtain documentation from and provide to the Manager of Licensing, or to have documentation provided by any of the following or their designates: the Deputy CAO of Infrastructure Services, Director of Transportation Planning, Director, Chief Fire Prevention Office, Chief Building Official, Sup Regional Medical Officer of Health, Waterloo Regional Police Services, and Director of By-law Enforcement. 4.4. For a renewal of a Licence, an Applicant shall submit the following to the Manager of Licensing: a) a renewal Application in the form prescribed by the Manager of Licensing; b) the applicable Application Licence Fee; and c) documents as the Manager of Licensing may require including, without limitation, the documents set out in 4.1 above. 4.5. Every Licensee shall: a) post the Licence in a conspicuous place at the Licensed Premises, where applicable; 5 - 25 b) carry the Licence on them when engaged in a Business where the Licensee travels from place-to-place to perform their business; c) produce the Licence for inspection and otherwise permit any persons or Officers authorized to enforce this By-law to enter the Licensed Premises to conduct an inspection as may be deemed necessary in order to ascertain whether or not the provisions of the By-law are being complied with; d) notify the Manager of Licensing within fourteen (14) days of any changes in their Business or residential address, phone number, or email address, or any changes to the type of Business that may result in a change in the type of Licence required; e) ensure that the Licensed Business shall be conducted in conformity the provision of any applicable federal, provincial, or municipal legislation including without limitation any statue, act, regulation, or by- law; and f) comply with the conditions and restrictions placed on the Licence by the Manager of Licensing or Council. 5. Issuance of Licence and Grounds for Refusal 5.1. The Manager of Licensing shall receive and process all complete Applications for the Licence. 5.2. Upon receipt of a complete Application, the Manager of Licensing shall either issue or renew a Licence hereunder or shall refer the matter to Council or a Committee of Council where appropriate under the provisions of this By-law or any other applicable by-law of Council. 5.3. Save as otherwise provided herein, every Licence issued or renewed pursuant to this By-law shall be issued in the name of Council by the Manager of Licensing. 5.4. The Manager of Licensing shall not process an Application where the Application is incomplete. An Application will be deemed incomplete where: a) required information has not been provided on the Application form; b) information or documentation required by the Manager of Licensing as part of the Application has not been provided; c) the full Application Licence fee is unpaid including any late fee and/or penalty fee; 5 - 26 d) the Manager of Licensing has received an unsatisfactory report regarding an investigation carried out pursuant to this By-law or any other applicable by-law of the City and any condition causing the report to be unsatisfactory has not been remedied; e) the past conduct of the Applicant affords the Manager of Licensing reasonable grounds to believe that the Applicant has not or will not carry on their business in accordance with applicable law or by-laws, or with integrity and honesty; f) the Business premises specified on the Application are subject to any order that has not been complied with made pursuant to the Building Code Act 1992, S.O. 1992, c. 23 or the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, or by the Medical Officer of Health; or g) provided no pardon has been granted with respect to the conviction, the Applicant has been convicted of anoffence that relates in any way to the business. 5.5. Where the Manager of Licensing receives an incomplete or unsatisfactory Application, the Manager of Licensing shall, whereas an address or other contact information has been provided, notify the Applicant that the Application is incomplete and, where applicable, of any steps required to complete the Application. 6.Terms of Licence 6.1. Unless revoked, a Licence under this By-law shall expire annually on the st 31 day of March, except where stated otherwise in Schedule 1. 7. Revocation and Suspension 7.1. The Manager of Licensing shall, where an address or other contact information has been provided, notify the Licensee of the intention to revoke or suspend a Licence and shall advise the Licensee of their right to appeal. 7.2. The Manager of Licensing may revoke or suspend a Licence where: a) the Manager of Licensing is of the opinion that the Business poses a threat to the health and safety of the public; b) the Licence was issued in error; c) the Licensee has violated any of the provisions of this By-law or any other applicable laws; 5 - 27 d) the Licence was issued upon provision or receipt of false or misleading information; or e) the Applicant has failed to pay the full Application Licence Fee associated with the Licence including any late and/or penalty fee. 7.3. The Manager of Licensing shall provide notice of the intention to revoke or suspend a Licence and shall advise the Licensee of their right to appeal. 7.4. No Person shall operate, permit to be operated, or sell products or services, from any Business while the required Licence(s) issued under this By-law is suspended or revoked. 8. Appeal 8.1. Where the Manager of Licensing determines an Application is incomplete, the Manager of Licensing shall, where an address or other contact information has been provided, attempt to notify the Applicant that the application is incomplete and of the steps required to complete the Application if applicable and the Applicant shall have the right to appeal that decision to Council or a Committee of Council. 8.2. If the Manager of Licensing is unable to determine whether an Application is incomplete, he/she may refer the matter to Council or to a Committee of Council for consideration. 8.3. If the Manager of Licensing refuses a Licence, the Applicant shall have the right to appeal the decision to Council or a Committee of Council. 8.4. The Manager of Licensing may refer an Application or a Licence to Council or a Committee of Council where: a) the Applicant or Licensee does not meet the requirements of this By- law or any other applicable law or by-law; b) there are reasonable grounds for belief that an Application or other documents provided to the Manager of Licensing by or on behalf of an Applicant or Licensee contains a false statement or provides false information; c) the past or present conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe the Person will not carry on or engage in the Business in accordance with the law, or with honesty and integrity; d) no pardon has been granted with respect to the conviction of an Applicant and the conviction relates in any way to the business; 5 - 28 e) any Licensee has contravened this By-law or any other by-law or federal or provincial statue or regulations while engaged in or conducting the business; f) any special conditions placed on a former or current licence of the Applicant or Licensee under this By-law have not been met; or g) the provisions of this By-law provide grounds not to issue or renew. 8.5. When any matter has been referred or appealed to Council or a Committee of Council, the Applicant or Licensee shall be given reasonable notice of the time and place of the hearing and shall be invited to make a submission either in writing or verbally. 8.6. When any matter has been referred or appealed to Council or a Committee of Council, after due consideration of the Application or Licence and after Council or a Committee of Council has heard such representations as the Applicant or Licensee and staff may care to make, Council may direct that the Licence be issued or renewed, or may refuse, suspend, revoke, or add conditions to a Licence where: a) the Applicant or Licensee does not meet the requirements of this By- law or any other applicable law or by-law; b) information or documentation required by the Manager of Licensing as part of the application process has not been provided; c) the Application is incomplete or the Application Licence Fee is unpaid including any late and/or penalty fee; d) the Manager of Licensing received an unfavourable report regarding an investigation carried out pursuant this By-law or any other by-law of the City; e) there are reasonable grounds for belief that an Application or other document provided to the Manager of Licensing by or on behalf of an Applicant or Licensee contain a false statement or provides false information; f) the past or present conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe the person will not carry on or engage in the business in accordance with the law or with honesty and integrity; g) without limiting the generality of section 8.5 (f), any Person, including the officers, directors, employees or agent of a corporation, has contravened this By-law or any other by-law of the City or federal or 5 - 29 provincial statue or regulation while engaged in or conducting the business; h) any special conditions placed on a former or current Licence of the Applicant or Licensee under this By-law have not been met; i) the provisions of this By-law provide grounds not to issue or renew in the circumstances; or j) the Applicant or Licensee has consented to the refusal, suspension, revocation, or adding of conditions to the licence. 8.7. No Person shall violate any conditions that Council, aCommittee of Council, or the Manager of Licensing has placed on a Licence issued under this By-law. 8.8. Where a Licensee is convicted of an offence under any federal or provincial Act, any regulations made thereunder, or any by-law of the City in relation to or during the carrying on of the trade, calling, Business or occupation Licensed hereunder, the Licence may be suspended forthwith by Council until such time as the matter can be heard and finally determined by Council. 9. Notices 9.1. Any notice pursuant to this By-law may be given in writing and is effective: a) on the date on which it is delivered to the Person to whom it is addressed; b) on the fifth day after it is known address; c) upon the conclusion of the transmi last known facsimile number; d)t known email address; or e) where the specific method of delivery is not specified herein, upon a reasonable time in the circumstances. 9.2. For the purpose of section 9 number, and email address shall be deemed to be those provided pursuant to section 4.1 of this By-law unless notice in writing has been given to the Manager of Licensing providing new information in which case the most recently provided information shall be deemed correct for the purpose of providing notice hereunder. 5 - 30 10. Inspections 10.1. Every Licence issued under this By-law to which the provisions of this By- law apply is issued subject to the condition that every Business or Premises used for the Business and the equipment, vehicles, and other personal property used or kept for hire in the carrying out of the Business shall be liable to be inspected at any reasonable time by an Officer and no person shall refuse admission to such Officer or person after a demand to inspect has been made. 10.2. An inspection may be conducted by an Officer to determine whether or not the following are being complied with: a) any by-law of the City under the Municipal Act including this By-law; b) a direction or order of the City made under the Municipal Act or made under a by-law of the municipality passed under the Municipal Act; c) a condition of a Licence issued under a by-law of the municipality passed under the Municipal Act; or d) an order made under section 431 of the Municipal Act, 2001, c. 25. 10.3. For the purpose of an inspection of any premises to which any provision of this By-law applies, an Officer may: a) require the production for inspection of documents or items relevant to the inspection; b) inspect documents or items relevant to the inspection; c) require information from any person concerning a matter related to the inspection; and d) alone or in conjunction with a person possessing special or expert knowledge, make examination or take tests, samples, or photographs necessary for the purpose of the inspection. 11. Order to discontinue 11.1. Where the Manager of Licensing has reasonable grounds to believe that a contravention of this By-law, or any other applicable by-law, has occurred, the Manager of Licensing may make an order requiring the Person who contravened this By-law, or who has caused or permitted the contravention, or the land owner or occupier of the land on which the contravention has occurred, to discontinue the contravening activity. 11.2. An order under section 11.1 of this By-law shall set out: 5 - 31 a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and b) the date by which there must be compliance with the order. 11.3. No Person shall contravene an order made under section 11.1 of this By- law. 12. Work Order 12.1. Where the Manager of Licensing has reasonable grounds to believe that a contravention of this By-law has occurred, the Manager of Licensing may make an order requiring the Person who contravened this By-law, or who caused or permitted the contravention, or the land owner or occupier of the land on which the contravention occurred, to do work to correct the contravention. 12.2. An order under section 12.1. of this By-law shall set out: a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and b) the work to be done and the date by which the work must be done. 12.3. An order under section 12.1. of this By-law may require work to be done even though the facts which constitute the contravention of this By-law were present before this By-law came into force. 12.4. No Person shall contravene an order under section 12.1 of this By-law. 13. Enforcement 13.1. Council hereby authorizes the Waterloo Regional Police Services or any Officer thereof to act as agent for the City, as necessary, for the purpose of enforcing this By-law. 13.2. The Manager of Licensing is hereby charged with the responsibility for the enforcement of this By-law and the City Solicitor, City Clerk, Director of Legislated Services, Director of By-law Enforcement, and any other municipal official are hereby required to render the Manager of Licensing any reasonable assistance in that regard. 5 - 32 14. Offences and Penalties 14.1. Every Person, excluding a corporation, who contravenes any provision of this By-law or an order made under this By-law and every director or officer of a corporation who concurs in acontravention by the corporation is guilty of an offence and is liable, upon conviction, to a fine not exceeding Twenty-Five Thousand Dollars ($25,000). 14.2. Every corporation that contravenes any provision of this By-law or an order made under this By-law is guilty of an offence and is liable, upon conviction, to a fine not exceeding Fifty Thousand Dollars ($50,000). 15. Collection of unpaid fines 15.1. Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this By-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act including any extension of time for payment ordered under that section, the Manager of Licensing may give the Person against who the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable which shall be not less than twenty one (21) days after the date of the notice. 15.2. If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purpose of Section 351 of the Municipal Act. 16. Schedules 16.1. The schedules attached to this By-law shall form part of this By-law. 17. Short Title 17.1. This By-- 18. Severability 18.1. If a Court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of this By-law shall be valid and shall remain in full force and effect. 19. Coming into force 19.1. This By-law shall come into force and effect on April 1, 2018. 5 - 33 20. Transitional Provisions 20.1. Notwithstanding any other provisions of this By-law, or the repeal prior to April 1, 2018 of various City by-laws and chapters of The City of Kitchener Municipal Code respecting business licensing, such repeal shall not: a) affect the previous operation of the repealed Chapters and by-laws; b) affect any right, privilege, obligation, or liability including any licence that came into existence under the repealed Chapter or by-law; c) affect an offence committed against the repealed Chapter or by-law, or any penalty, forfeiture, or punishment incurred in connection with the offence; or, d) affect an investigation, proceeding, or remedy in respect of a right, privilege, obligation, or liability described in section 20.1.b), or a penalty, forfeiture, or punishment described in section 20.1.c). 20.2. An investigation, proceeding, or remedy described in section 20.1. d) may be commenced, continued, or enforced as if the by-law or chapter had not been repealed or revoked. 20.3. A penalty, forfeiture, or punishment described in section 20.1. c) may be imposed as if the by-law or chapter had not been repealed or revoked. 20.4. A Licence issued under any by-law or chapter of the Municipal Code, as amended, shall be deemed a Licence under this by-law and shall be subject to all provisions of this By-law, but shall expire on the earlier of the two dates: a) The expiry date stated on the licence; or b) March 31, 2019. 21. Municipal Code 21.1. The Clerk of the City is hereby directed to make this By-law a part of The City of Kitchener Municipal Code by adding it to the concordance and arranging and numbering it as a chapter so as to fit within the scheme of the Code. 5 - 34 SCHEDULE 1 BUSINESSES REQUIRING A LICENCE TYPE OF BUSINESSEXPIRY DATEREGULATIONS AuctioneerMarch 31Schedule 4 Beauty Salon/Barber ShopMarch 31Schedule 5 BuskersMarch 31Schedule 6 ContractorMarch 31Schedule 7 Convenience StoreMarch 31Schedule 8 Driving SchoolsMarch 31Schedule 9 sMarch 31 (stationary), Schedule 10 Stationary & Pop-upPop-up (Oct 31) Food ShopMarch 31Schedule 11 Food TruckMarch 31Schedule 12 LaundretteMarch 31Schedule 13 Mobile BusinessMarch 31Schedule 14 Motor Vehicle FacilityMarch 31Schedule 15 NightclubMarch 31Schedule 16 Old GoldMarch 31Schedule 17 Pet Care EstablishmentMarch 31Schedule 18 Pet ShopMarch 31Schedule 19 Permanent VendorNo ExpirySchedule 20 Placeof AmusementMarch 31Schedule 21 Pop-up Shop250 days from issuanceSchedule 22 Public HallsMarch 31Schedule 23 Refreshment VehiclesMarch 31Schedule 24 Special EventsPer EventSchedule 25 Street VendorMarch 31Schedule 26 Temporary VendorPer EventSchedule 27 TheatresMarch 31Schedule 28 5 - 35 SCHEDULE 2 POLICE RECORD CHECK REQUIREMENTS 1. This schedule shall apply to those Persons who are required to provide Police Record Checks with anApplication. 2. The Police Record Check accepted by the Manager of Licensing shall meet the following requirements: a) must be the original version provided by the Police Department; b) must be completed within the municipality that the Person resides; c) must be obtained by the Person to whom it applies; d) if the Applicant is part of a partnership, a completed Police Record Check must be obtained for each partner; and e) if the Applicant is a corporation, a completed Police Record Check must be obtained for a director or officer, or a letter of authorization must be provided from any director naming a director,officer or employee of the corporation as their designate. 2. The Police Record Check shall only be considered valid if it is completed within six (6) months of the date of Application. 3. The Police Record Check shall be completed by a Canadian Police Service, or by a police service in the country where the Applicant resides. A Police Record Check completed by athird party agency will not be accepted. 4. Any Police Record Check that is completed in a foreign language must be translated and notarized. 5 - 36 SCHEDULE 3 INSURANCE 1. This schedule shall apply to any Applicant that is required to submit proof of insurance. 2. Upon submitting an Application, the Applicant shall execute the following indemnity to the satisfaction of the City: The Licensee both during and after the term of the Licence or renewed Licence, shall at all times, and at its own cost, expense, and risk, defend, indemnify and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and all respective heirs, administrators, executors, successors, and assigns from any and all losses, damages (including, but not limited to, incidental, indirect, special and consequential damages, or any loss of use, revenue or profit by any Person or Business), fines, penalties and surcharges, liabilities, judgements, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind and expenses which the indemnified City may suffer or incur, howsoever caused, provided such losses, damages, fines, penalties and surcharges, liabilities, judgments, claims, demands, cause of action, contracts, suits, actions or other proceedings of any kind and expenses as defined above are due or claimed to be due to the negligence, breach of contract, and/or breach of law of the Licensee. 3. The Applicant shall maintain liability insurance acceptable to the Manager of Licensing throughout the term of the Licence, if the Licence has been granted. 4. The liability insurance shall consist of a comprehensive policy of public liability and property damage insurance in an amount of not less than $2,000,000.00 per occurrence. 5. The liability insurance shall name The Corporation of the City of Kitchener as additional insured with a cross liability endorsement and severability of interest provision. 6. The Applicant shall submit a Certificate of Insurance evidencing the insurance and it shall state the coverage will not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by registered mail to the City. 5 - 37 SCHEDULE 4 AUCTIONEER 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for an Auctioneer Licence shall supply the following: a) Police Record Check. 2. Notwithstanding the prohibitions set out in section 3 of the By-law, a sheriff or bailiff offering for sale goods or chattels seized under an execution or detained for rent, or a Person selling land by public auction, is not required to be licensed under this By- law. 3. No Auctioneer Licensee shall: a) permit disorder in the auction room or offices; b) conduct or permit a mock auction; c) make or permit a misrepresentation as to the quality or value of the goods offered for sale; d) use the services of or act in concert with Persons known in the trade as f raising or stimulating bids; or e) give afalse statement to the owner of the goods or to a purchaser of the goods as to the sale. 4. Every Auctioneer Licensee shall keep proper books showing: a) the names and addresses of the owners of the goods auctioned; b) a description of the goods; c) the price at which the goods were sold; d) the amount of commission or fee; e) all money received in trust for clients; f) all disbursements out of money held in trust; g) the unexpended balance of money held in trust for each person for whom such money is held; h) all other money received and disbursed in connection with the business; 5 - 38 i) the names and addresses of the purchasers; and j) the date of payment and amount paid to the owners for the goods sold, or the date of return of unsold goods to the owners. 5 - 39 SCHEDULE 5 BEAUTY SALON 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Beauty Salon Licence shall supply the following: a. Health Approval; b. Planning Approval; c. Plumbing Approval; and d. Proof of Insurance. 2. Every Beauty Salon Licensee shall: a. ensure that the Licensed Premises are kept in a clean and sanitary condition; b. ensure that all Persons performing Beauty Salon treatments on the Licensed Premises are appropriately qualified, unless the person is a registered apprentice or a person employed during a probationary period; c. ensure that the any Certificate of Qualification required by law is posted in a conspicuous place; d. keep any Certificate of Qualification required by law with them when performing services and shall make it available to any customer or Officer upon request; e. ensure that all equipment used in the Licensed Premises is sterilized or disinfected as required by law or Regional Public Health guidelines; f. comply with the Personal Services Setting Protocol under the Infection Control Program of the Mandatory Health Program and Services Guidelines, January 1998, published by the Minister of Health as authorized by the Health Protection and Promotion Act, as amended and replaced from time to time; and g. comply with requirements of the Medical Officer of Health and the Person Services Protocol provided by the Region of Waterloo Public Health. 5 - 40 SCHEDULE 6 BUSKERS 1. Every Applicant for a Busker Licence shall specific on the Application whether they are applying as an individual or on behalf of a group. 2. Every Busker Licensee shall: a. perform only within the City of Kitchener; b. display their busker ID tag issued by the City at all times when acting as a Busker; c. operate as a group and perform as a group if their Application specified that they were applying on behalf of a group; d. perform without the use of amplified sound; e. be permitted to display, offer for sale and sell audio recordings of their performance; and 3. No Busker Licensee shall: a. obtain a Licence on behalf of a group but perform individually and not as part of the group; b. obstruct pedestrian or vehicular traffic; or c. permit their audience to obstruct pedestrian or vehicular traffic. 5 - 41 SCHEDULE 7 CONTRACTOR 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Contractor Licence shall supply the following: a) Police Record Check; and b) Proof of Insurance. 2. Every Contractor Licensee shall: a) where required by law, obtain all necessary permits prior to the commencement of any work, and upon completion, procure an inspection from the requisite City division; and b) have printed or otherwise impressed on all business contracts, quotations, forms, invoices, statements, and advertising materials, the 3. A Contractor Licence is not required for: a) anyone who keeps plumbing in repair, repairs or replaces valves, faucets, or fixtures or forces out a stoppage during the course of their employment, so long as he/she is working on plumbing to the Person to whom he/she is employed, and provided that this exemption does not apply to the installation, construction, or relocation of plumbing or additions hereto. 5 - 42 SCHEDULE 8 CONVENIENCE STORE 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Convenience Store Licence shall supply the following: a) For a ii. Planning Approval; and iii. Police Record Check. b) For a i. The documents listed in section 1a) above; and ii. Health Approval. 2. Other than those establishments identified in section 3 Licence shall be required for all Convenience Stores. 3. a)AConvenience Store that has meat and/or meat products other than pre-packaged meat for sale, offered for sale, or stored; b) a Convenience Store that has milk and/or milk products for sale, offers for sale, or stored; and c) a Convenience Store that sells, offers for sale, or stores prepared food or drinks which may be consumed by humans. 5 - 43 SCHEDULE 9 DRIVING SCHOOL 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Driving School Licence shall supply the following: a) Planning Approval; b) Police Record Check; and c) Proof of Insurance. 2. Every Driving School Licensee shall: a) keep a safety check for each of the motor vehicles over two years old that is used or to be used in the business; b) ensure that every motor vehicle used in the Business: i. is equipped with a roof sign that clearly indicates the name and nature of the business, and is visible from both the front and the rear of the vehicle; ii. is equipped with adual-control braking system; iii. is maintained in good repair; and iv. from December 1st to March 1st is equipped with snow tires or radial tires. c) provide upon inspection proof that the Driving School holds, or has in its employ a holder of, a current, unrestricted licence issued pursuant to the laws of the Province of Ontario; d) provide upon inspection proof that the Driving School holds, or has in its employ the holder of, an Ontario Safety League advanced instructors course certificate or equivalent; e) keep a record stating the make, model, serial number, and Ontario registration permit number issued pursuant to the laws of the Province of Ontario for each of the motor vehicles to be used in the Business; and f) keep a record of the name and address of each driving instructor employed by the Driving School. 5 - 44 SCHEDULE 10 1. In addition the licensing requirements set out in section 4 of this By-law, an Applicant a) for a i. Fire Approval; ii. Health Approval; and iii. Planning Approval. b) for a i. Health Approval; and ii. Owners Authorization. 2. Other than those establishments identified in section 3 required for all s. 3.: a) a Pop-up that consists of a farmer selling their own products from their garden, but not selling at their property; and b) a Pop-up where a Person who is not the farmer is 4.A Licence is not required for: a) Persons who design and make arts and crafts, and who sell arts or crafts designed and made by themselves. 5. A notification shall be sent to Waterloo Regional Public Health office for any changes made to the vendors from the original licence. 5 - 45 SCHEDULE 11 FOOD SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Food Shop Licence shall supply the following: a) Building Approval; b) Fire Approval; c) Health Approval; d) Planning Approval; and e) Plumbing Approval. 2. Every Food Shop Licensee shall: a) make available and known to the public and to an Officer if the Premises is licensed under the Liquor Licence Act; b) post the Licence in a conspicuous place in the Licensed Premises; c) post the occupancy load in a conspicuous place in the Licensed Premises; and d) comply with the requirements of the Medical Officer of Health through the Region of Waterloo Public Health. 5 - 46 SCHEDULE 12 FOOD TRUCK 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Food Truck Licence shall supply the following: a) Fire Approval; b) Health Approval; c) Planning Approval, if located on private property; d) Proof of Insurance; and e)drivers of the Food Truck. 2. Every Food Truck Licensee shall: a) have a Licence for each Food Truck; b) provide a description of the food being served; c) have a plan for the containment and disposal of grey water, grease, and garbage in a sanitary manner satisfactory to the City; d) ensure that any commercial cooking equipment and use thereof complies with the requirements of the Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations; e) provide the Manager of Licensing with the licence and serial number of the Food Truck; f) maintain the Food Truck in good repair and appearance, and equip it with refuse container accessible to the customers; g) keep the Licence posted in a conspicuous place in the Food Truck and make it available to any Officer upon inspection; h) ensure that every Person selling from or operating the Food Truck wears clean clothes, is clean and neat in appearance, and maintains clean hands; i) ensure that no damage is caused to City property as a result of the location of the Food Truck; j) not use any loud speakers, amplifiers, hailing devices, or music players; and 5 - 47 k) not impede the flow of pedestrian traffic or obscure clear visibility of normal approaching pedestrian or vehicular traffic. 3. Every Food Truck Licensee shall ensure that the Municipal Plate issued in respect of the Food Truck Licence is securely affixed to the rear of the Food Truck. 4. Food Trucks shall be exempt from hourly parking limits on City Highways provided they are parked in a legal parking sparking By-laws, engaged in the operation of the Food Truck, and in compliance with this By-law. 5. Food Trucks shall be permitted to operate at the following locations on a daily first- come, first served basis: a) in designated locations in City parks as approved by the Manager of Maintenance and Operations (Parks, Forestry, Trails); and provided that no more than identified number of Food Trucks shall be permitted at any one point during the hours of 9:00 a.m. and 11:00 p.m.: i. Budd Park one (1) Food Truck permitted; ii. Huron Natural Area two (2) Food Trucks permitted; iii. McLennan Park two (2) Food Trucks permitted; iv. Southwest Optimist Park one (1) Food Truck permitted; and v. Victoria Park one (1) Food Truck permitted. b) with consent of Centre in the Square Inc., and a maximum of three (3) Food Trucks may operate on Centre in the Square property; c) up to a maximum of three (3) Food Trucks may operate in the on-street 15-minute parking time limit area on Otto Street; d) Notwithstanding section 5b) and 5c) above, at no point may the combined total of Food Trucks on Centre and Square property and Otto Street be greater than three unless a Special Event Licence has been obtained; and e) in the parking lot municipally addressed as 20 Breithaupt Street, or in the on-street parking areas on Breithaupt Street, between Moore Avenue and Waterloo Street. 6. Food Trucks shall only be operated within the DKBIA Boundary as follows: a) at Carl Zehr Square, as programmed and organized by the City; b) as part of City-approved festivals and events where the appropriate Licenses have been obtained; 5 - 48 c) as part of a one-time promotional event between restaurant(s) and Food Truck(s), provided written consent is obtained from the restaurant owner/operator and approval is obtained from the Manager of Licensing in advance; d) as part of a plan to operate on a property on a consistent basis, as approved by the Manager of Downtown Community Development. The Manager of Downtown Community Development shall only approve plans which satisfy the following: i. the plan is organized by either the City, Downtown Kitchener Business Improvement Area, a food truck operator, or a downtown restaurant owner; ii. the organizer identifies the location, the days, and times food trucks would operate and the maximum number of food trucks who would be operating during said times; iii. the food trucks will only operate on a weekly or monthly basis; iv. the plan includes more than one participating food truck; v. all participating Food Trucks are licensed by the City; vi. the participating Food Trucks operate on a rotating basis; vii. the proposed property does not front King Street; viii. Services and the Chief Building Official; ix. the Owner of the property upon which the Food Trucks will operate has provided authorization; x. the plan is endorsed by the Downtown Kitchener Business Improvement Area; and xi. where the location resides on City Property, the organizer agrees to terminate the use of the property if the City determines the site in question has been damaged, litter or refuse has been left behind, or if the operation of any Food Trucks negatively interferes with the normal use and operation of the property; or e) where specifically permitted by a Food Truck Special Event Licence. 7. No Person shall permit any Food Truck to park overnight on City Property or private property after operating hours except on land owned, leased, or rented by the operator for the storage of the Food Truck and in compliance with the Zoning By- law. 8. No Person shall operate or permit to be operated a Food Truck at any Special Event, unless the Food Truck has been invited and has been named on the Special Event Licence. 9. No Food Truck Licensee shall operate, permit to be operated, or sell refreshments from any Food Truck: 5 - 49 a) in an area zoned R1, R2, R3, R4, R5, R6, R7, R8, or R9 by the City Zoning By-law, as amended, except as permitted by a Special Event Licence, or as specifically permitted herein; b) in any area where a restaurant is not permitted by the Zoning By-law except as permitted by a Special Event Licence or specifically permitted herein; c) on private property without the written consent of the property owner which has been provided in advance and approved by the Manager of Licensing; d) except in the case of the Huron Business Park is within ten (10) metres from any building where a Food Shop is located, unless written consent from all Food Shop Licensees has been obtained and provided to the Manager of Licensing; or e) that is within 90 metres from the property line of any land occupied by any public, separate, or private school on any school day between the hours of 9:00 a.m. and 4:30 p.m. unless written consent from the property owner or principal of the school has been obtained and provided in advance to the Manager of Licensing. 5 - 50 SCHEDULE 13 LAUNDRETTE OR DRY CLEANER 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Laundrette or Dry Cleaner Licence shall submit the following: a) Fire Approval, if applicable; b) Planning Approval; and c) Plumbing Approval. 2. Every Laundrette or Dry Cleaner Licensee shall: a) display the Licence in a conspicuous place, including the occupancy load for the establishment; b) upon inspection disclose to an Officer of any flammable or explosive chemicals ; and c) upon inspection disclose to an Officer any flammable or combustible liquids. 5 - 51 SCHEDULE 14 MOBILE BUSINESS 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Mobile Business Licence shall supply the following: a) the documents listed in the corresponding schedule, where applicable; b) the approvals listed in the corresponding schedule, where applicable; c) Police record check; and d) Proof of Insurance. 2. Every Mobile Business Licensee shall: a) ensure that the goods or services being provided, sold, or offered for sale comply with one of the schedules of this By-law as specified in section 3 of this schedule; b) have the Licence with them and available for inspection by any customer or Officer; c) have printed or otherwise impressed on all business contracts, quotations, forms, invoices, statements, and advertising materials, the Mobile Business name, business address, and telephone number; and d) keep any Certificate of Qualification required by law, if applicable, with them when performing services and shall make it available to any customer or Officer upon request during an inspection. 3. The provisions of the schedule of this By-law that would apply to a Mobile Business if it were being operated at a fixed location or within a building shall apply in addition to the provisions of this schedule save and except to the extent such provisions relate solely to the physical location of the Business. 5 - 52 SCHEDULE 15 MOTOR VEHICLE FACILITY 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Motor Vehicle Facility shall supply the following: a) Fire Approval; b) Planning Approval; and c) Plumbing Approval. 2. Every Motor Vehicle Facility Licensee shall: a) display the Licence in a conspicuous place, including the occupancy load; b) upon inspection disclose to an Officer of any flammable materials; and c) upon inspection disclose to an Office of any flammable or combustible liquids. 3. Every Licensee shall report to the Waterloo Regional Police Services when a Motor Vehicle is left on the Licensed Premises for a period of twenty-four hours (24 hours), if the Motor Vehicle has been left without permission of the Licensee or when the Licensee may have reason to believe the Motor Vehicle is either stolen or abandoned. 4. Every Licensee shall ensure that all Motor Vehicles associated with the Licensed Premises are parked within the boundaries of the property. 5 - 53 SCHEDULE 16 NIGHTCLUB 1. In addition to licensing requirements set out in section 4 of this By-law, an Applicant for a Nightclub Licence shall supply the following: a) Fire Approval; b) Health Approval; c) Planning Approval; d) Plumbing Approval; and e) Police Record Check. 2. Every Nightclub Licensee shall: a) ensure the Licence and the occupancy load is posted in a conspicuous place within the Licensed Premises; and b) ensure that where line-ups are formed for the purpose of gaining entrance to the Nightclub, a uniformed attendant is present for the purpose of regulating the line-up and prohibiting undue obstruction of any exit door, walkways, driveway, or highway; 3.ANightclub Licensee shall also obtain aFood Shop Licence where food is sold at the Nightclub, and consequently, additional requirements may be applicable as per the Food Shop schedule. 5 - 54 SCHEDULE 17 OLD GOLD SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for an Old Gold Shop Licence shall supply the following: a) Planning Approval; and b) Police Record Check. 2. Every Old Gold Shop Licensee shall: a) maintain a record of all gold, jewellery, or other precious metals purchased or acquired. The recordshall: i. be in the English language; ii. include the date and time of purchase or acquisition; iii. contain the price paid for the old gold, jewellery, or precious metals; iv. include the name, address, birthdate, type of identification, signature and description of the person from who the purchase or acquisition was made; v. contain a full description of the old gold, jewellery, or precious metals, including weight, material, colour, and karat; and vi. include a photograph of each piece that shall bears an identifying mark to connect it to the item in the record. 3. No Old Gold Shop Licensee shall: a) obtain any gold, jewellery, or other precious metals from any Person who is known to be or appears to be: i. under the age of eighteen (18) years; or ii. under the influence of alcohol or a drug. b) obtain any gold, jewellery, or other precious metals between the hours of 11:00 p.m. one day and 7:00 a.m. the following day; c) obtain any gold, jewellery, or other precious metals without requesting and being presented with identification containing a photograph, birthdate, and the name of the person selling, exchanging, or disposing of the gold, jewellery, or other precious metals; or d) alter, repair, or dispose of any gold, jewellery, or other precious metals, or a part thereof, purchased or acquired until after fifteen (15) days from the date of the purchase or acquisition. 5 - 55 4. During the fifteen (15) days referenced in subsection 3.d) above, the gold, jewellery, or other precious metals purchased or acquired shall remain on the Licensed Premises and shall be kept in a separate location from other gold, jewellery, or other precious metals previously purchased or acquired by the Licensee and shall be subject to inspection by an Officer at any time during business hours. 5 - 56 SCHEDULE 18 PET CARE ESTABLISHMENT 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Pet Care Establishment Licence shall supply the following: a) Animal Service Provider Approval; b) Planning Approval; and c) Plumbing Approval, if applicable. 2. Every Pet Care Establishment Licensee shall: a) post in a conspicuous place a list of all services and rates available; b) post in a conspicuous place the types of Animals on site; c) keep records of each incoming and outgoing Animal, including name and address of owner, and date of arrival and departures, if applicable; d) allow any records required by this By-law to be inspected, including inspection by any Officer or by any inspector of the Ontario Society for Prevention of Cruelty to Animals; e) maintain the facility, including the yard and all bedding, in a clean, sanitary, andadequately ventilated condition, and free of vermin and offensive odours; f) ensure facility once every day or more often as may be necessary to keep the floor clean; g) ensure that excreta, dead animals, and other waste resulting from keeping Animals, shall be removed from the Licensed Premises as necessary and in accordance with any applicable by-laws, or regulations from the Regional Municipality of Waterloo; h) ensure that all Animals are kept safe and secure; i) ensure all Animals are fed and watered or adequately nourished each day and kept in a clean and healthy condition free of vermin and disease; j) ensure that all Animals are vaccinated as required by law including vaccination against rabies, when applicable; 5 - 57 k) ensure that all food and water bowls are made of impermeable material, and are cleaned and disinfected daily; l) ensure that the Licensed Premises is adequately lighted with both artificial and natural light; m) ensure that a healthful temperature is maintained at all times for health, welfare, and comfort of every Animal; n) have an attendant on site or on-call with a contact number clearly posted outside of the facility on the property of the Business at all times when Animals are present at the facility; and o) ensure that any Animal medical emergencies or health issues are dealt with in a timely fashion. 3. Every Pet Care Establishment Licensee shall keep the records outline in subsection 2.c), as well as the following, if applicable: a) the name, address, and phone number of all persons whom a dog is sold or transferred, and the dates of said transfer; b) dates of arrivals to and departures from the facility of each individual dog; c) breeding and identification records of all whelping bitches, stud dogs, and resulting litters; and d) veterinarian records on every individual dog or other Animal shall be maintained at the Licensed Premises, and a veterinarian shall check and clear all dogs for health and parasites prior to any sale. 4. Doggie Daycares Class I and Class II, and breeding kennel shall maintain any whelping bitch in a separate accommodation from other dogs and shall provide a space for her and her puppies, or dogs in her litter, that is at least 2.5 times the length and width that would otherwise be required for that dog under this By-law, and a separate space shall be maintained both indoors and outdoors for weaned dogs under the age of four (4) months. 5. Every Pet Care Establishment Licensee operating as breeding kennel shall ensure that the whelping box shall be constructed with four sides and a floor made from impermeable materials. 6. Every Pet Care Establishment Licensee shall ensure that each dog is able to stretch or stand to its full body height and full body length and shall provide the following individual cage or pen minimum space and height per dog and shall securely affix to the front of the cage or pen the maximum weight therefor: 5 - 58 a) up to 12 kilograms requires a minimum pen floor area of 1.0 square metres and minimum height of 0.8 metres; b) over 12 kilograms and under 30 kilograms requires a minimum pen floor area of 2.0 square metres and minimum height of 0.9 metres; and c) over 30 kilograms requires a minimum pen floor area of 2.5 square metres and minimum height of 2.0 metres. 7. Every Pet Care Establishment Licensee that owns or operates a Breeding Kennel, Boarding Kennel, or Doggie Daycare, shall ensure each cage or pen used for the housing or holding of a dog shall be constructed and maintained so that: a) every dog in the cage or pen may comfortably extend its legs to its full extent, stand, sit, turn around, and lie down in a fully extended position; b) it is not likely to harm any dog therein; c) any dog therein cannot readily escape therefrom; and d) it may be easily cleaned. 8. Every Pet Care Establishment Licensee that operates as a Class II Doggie Day Care shall not operate within 200 metres of any residential zone, unless such Business has been annually licensed and continually in operation at the location since February 13, 2006. 9. Every Pet Care Establishment Licensee shall ensure that the portion of the building being used for the operation has a floor and walls made of concrete or other impermeable material and shall not be made from painted wood. 10. Every Pet Care Establishment Licensee that operates as a Breeding Kennel or Boarding Kennel shall have flooring that is self-draining with a maximum five minute drain time and have a drain opening constructed as a plumbing fixture connected to the sanitary sewer maintained in functioning condition at all times. A plumbing permit is required for the installation of the drain. 11. Every Pet Care Establishment Licensee that owns or operates as a Breeding Kennel, Boarding Kennel, or Doggie Daycare shall ensure an exercise area shall be provided so as to enable each dog to exercise freely and easily so as to maintain physical health and well-being. 12. Every Pet Care Establishment Licensee that has an indoor run in the Licensed Premises shall ensure that the if run does not have heated floors that a bedding box with proper and clean bedding is provided, and that open-air runs are properly fenced and adequately shaded. 5 - 59 13. Every Pet Care Establishment Licensee shall ensure that any yards and runways associated with aBreeding Kennel or Boarding Kennel operation shall be completely with a solidly constructed fence, so as: a) to obstruct fully the visibility of the neighbouring properties from the dogs as reasonably possible given the grade of the property andshall follow and b) to prevent the dogs from escaping from the Licensed Premises; and 14. Every Pet Care Establishment Licensee shall ensure that yards and runways associated with the Licensed Premises are cleaned at least once daily, when in use. 15. The provisions of this schedule shall not apply to: a) a veterinary hospital, clinic, office or veterinary service lawfully operated and supervised by a veterinarian licensed to practice in Ontario; b) an animal shelter operated by the Animal Services Provider; c) premises registered as a research facility in accordance with Animal for Research Act; d) a Pet Shop Licensed by the City provided that the Pet Shop does not offer for sale or sell any dog other than through an adoption program under which no dog is kept at the Pet Shop between the hours of 12:00 am and 5:00 am; and e) dogs owned by the Animal Services Provider and being fostered in a dwelling unit at its request. 5 - 60 SCHEDULE 19 PET SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Pet Shop Licence shall supply the following: a) Animal Service Provider Approval; and b) Planning Approval. 2. Every Pet Shop Licensee, when acquiring an animal for the purpose of offering the animal for sale, shall obtain the animal only from the following sources: a) municipal animal shelter; b) registered humane society; c) registered shelter; or d) rescue group. 3. Every Pet Shop Licensee shall: a) post the Pet Shop Licence in a conspicuous place; b) post a list of Animals prohibited by the City; c) keep Animals in sanitary, well-bedded, well ventilated, adequately lighted, clean quarters, and maintain such quarters at a healthful temperature at all times; d) ensure that all garbage, refuse, and animal droppings shall be collected and stored in containers with tight lids and shall be disposed of frequently; e) provide cages, pens, or containers for caged Animals that are sufficient in size and height to permit any Animal to stand its full height and to turn around easily, and to lie down easily, and ensure that all cages cannot be easily overturned and avoid overcrowding; f) ensure that each cage containing a bird shall be of sufficient size and dimensions to enable each bird to have an amount of perch space for itself which would permit the bird to fully extend its wings in every direction from its perch; g) adequately feed and water the Animals; 5 - 61 h) keep and maintain a register for at least 24 months of each Animal purchased or otherwise obtained by the Pet Shop Licensee, which shall include: i. the date the Animal was obtained or purchased; ii.afull description of the Animal including sex, colour, breed, distinguishing markings and name, if any; and iii. advise any Person purchasing a dog of the licensing requirements found in any by-law of the City and advise the Animal Services Provide of the names and address of the City of Kitchener residents who have purchased dogs. 4. Every Pet Shop Licensee that keeps, sells, or offers for sale any restricted Animals shall: a) advise every City of Kitchener resident who purchases a restricted Animal of the registration requirements from the City; b) make every reasonable effort to obtain the name and address of any person purchasing a restricted Animal; and c) submit to the Animal Service Provider the names and addresses of City of Kitchener residents who have purchased restricted Animals. 5. No Pet Shop Licensee shall: a) knowingly sell any diseased Animal; b) sell or keep for sale any Animal which is prohibited under any by-law of the City; c) display an Animal unless such Animal is adequately protected from drafts, direct rays of the sun, excessive heat or cold; d) sell or give away any dog under the age of eight weeks; and e) sell or give away any cat under the age of eight weeks. 5 - 62 SCHEDULE 20 PERMANENT VENDOR 1. This schedule shall apply to any Person acting as a Permanent Vendor and not regulated by another schedule to this By-law. 2. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Permanent Vendor Licence shall supply the following: a) Planning Approval. 3.No Permanent Vendor Licence will expire, unless the Business: a) changes location; b) changes ownership; c) changes operating name; or d) changes the nature of the Business. 5 - 63 SCHEDULE 21 PLACE OF AMUSEMENT 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Place of Amusement Licence shall supply the following: a) Planning Approval; b) Fire Approval; and c) Proof of Insurance. 2. Every Place of Amusement Licensee shall: a) ensure that nothing is placed so as to obstruct access to the entrances to and the exits from the Licensed Premises; b) ensure the Place of Amusement Licence is displayed in a conspicuous place, including the occupancy load; and c) ensure the Licensed Premises are kept in a clean, safe, and sanitary condition. 3. Every Place of Amusement Licensee operating as an arcade shall: a) ensure that for all arcades there is a clearance of 30.48 centimetres (one foot) on either side of each machine and 122 centimetres (four feet) in front of the machine; and b) ensure all arcades are equipped with a washroom, for the use of patrons, which shall comply with all standards of public health. 4. No Place of Amusement Licensee shall: a) have arcade games designed to appeal to erotic or sexual appetites; or b) permit any disorderly conduct or loitering to take place in or about the Place of Amusement. 5 - 64 SCHEDULE 22 POP-UP SHOP 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Pop-up Shop Licence shall supply the following: a) Planning Approval; and b) Health Approval, where applicable. 2. Every Pop-up Shop Licensee shall: a. ensure the Licence is displayed in a conspicuous place; b. only be in one (1) specific location specified on the Licence for no more than 250 days; and c. post notice in a conspicuous place that the location is temporary. 3. No Pop-up Shop Licensee shall obtain multiple Pop-up Shop Licences for the same location. 5 - 65 SCHEDULE 23 PUBLIC HALLS 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Public Hall Licence shall supply the following: a) Fire Approval; b) Planning Approval; and c) Plumbing Approval. 2. Every Public Hall Licensee shall: a) display the Licence in a conspicuous place, including the occupancy load for the Licensed Premises; b) have a Person over the age of 18 years present to supervise during the use of the Licensed Premises; and c) keep the Licensed Premises clean and sanitary. 3. No Public Hall Licensee shall: a) permit any disorderly conduct to take place on the Licensed Premises; b) permit any person to loiter, create a disturbance, or cause undue noise in or about the Licensed Premises; c) rent out the kitchen for the use of preparing food by a catering company, unless the following have been met: i. the catering company is licensed through the City; ii. Health approval is obtained; and iii. Fire inspection is completed. 5 - 66 SCHEDULE 24 REFRESHMENT VEHICLE 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Refreshment Vehicle Licence shall supply the following, where applicable: a) for a i. Planning Approval; ii. Health Approval; and iii. Fire Inspection, if applicable. b) for a i. Planning Approval; and ii. Health Approval. c) for a i. Planning Approval; ii. Health Approval; iii. Proof of Ownership; and iv. Proof that the Refreshment Vehicle is licensed as a commercial vehicle pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8. 2. including, but not limited to, chip wagons and hot dog carts. 3. Vehicles including, but not limited to, ice cream carts. 4. including, but not limited to, canteen vehicles. 5. Other than during Special Events, Refreshment Vehicles shall only operate on private property. 6. Every Refreshment Vehicle Licensee shall: a) have the Licence available in the Refreshment Vehicle and shall be provide it to any customer or Officer upon request; b) if applicable, provide the Licence number and serial number of the Refreshment Vehicle to the Manager of Licensing and advise the 5 - 67 Manager of Licensing of any changes to such information if the Refreshment Vehicle is replaced; c) affix the Municipal Plate provided by the City to the Refreshment Vehicle; d) maintain the Refreshment Vehicle in good repair and appearance; e) if applicable, ensure the body, doors, and windows of the Refreshment Vehicle shall be of sufficiently sound construction to provide reasonable protection against dust, dirt, flies, and other injurious matter; f) ensure that every Person selling or handling refreshments wears clean clothes, is clean and neat in appearance, and has clean hands; and g) have every vehicle operating under the same Business name licensed. 7. No Refreshment Vehicle Licensee shall: a) operate at aSpecial Event without being invited by the event organizer(s); b) operate at a Special Event without being listed as a vendor on the Licence and without first obtaining the applicable inspections; c) use loud speakers, amplifiers, or other hailing devices from or in relation to a Refreshment Vehicle except as specifically permitted herein; or d) operate, permit to be operated, or sell refreshment from a Refreshment Vehicle upon any highway or part of a highway or in any public park or other public place, except as otherwise permitted under this By-law or by Council resolution. 8. Every Refreshment Vehicle Licensee shall: a) be located at a minimum distance of 200 metres from any lot on which a Licensed Food Shop is located except during a Special Event; and b) be located at a minimum distance of 400 metres from any lot on which during a Special Event. 9. Where a proposed location for aClass not meet the separation distance requirement of this By-law, the Manager of unless the Class A Refreshment Vehicle Licence was issued to the same Licensee for 5 - 68 the same location in the past 12 months in which case the Manager of Licensing shall exempt the Licensee from this requirement. 10. Where the Manager of Licensing has refused to issue a Class A Refreshment the required separation distances and no Licence was held by the Applicant for the same location in the past 12 months, the Applicant may request in writing that the Manager of Licensing circulate the A a. ifno objections are received from the notified Licensees and all other by- law requirements are met, the Manager of Licensing may issue the Licence; and b. ifany objections are received from the notified Licensees, the Manager of Licensing shall refer the Application to Council or a Committee of Council for a final decision. 11. Every Refreshment Vehicle Licensee shall: a) ensure that the operator the Refreshment Vehicle is physically capable of handling the vehicle under all conditions; b) equip each vehicle with a refuse container; c) use only a soft-toned bell or chime on each vehicle; and d) equip all drivers of the vehicle with bright and clean wearing apparel. 12. No Refreshment Vehicle a) permit the use of other than manually propelled vehicles; b) stop for longer than 10 minutes at any one serving location; c) ;or d) i. on a highway other than in an area zoned residential; ii. between the hours of 9:00 p.m. and 9:00 a.m.; iii. on any portion of a highway adjacent to any public park, playground, or an athletic field, where refreshments are available; iv. on private property without written consent; v. within 30 metres of an intersection; 5 - 69 vi. within 90 metres of a property line of any land occupied by a public, separate, or private school between the hours of 9:00 a.m. and 4:30 p.m. on a school day; or vii. within 90 metres of a property line of land occupied by a business that sells products similar to those sold or offered for sale from the Refreshment Vehicle to the public. 13. Every Refreshment Vehicle Licensee shall: a) obtain permission from the private property owner where the Refreshment Vehicle will be located; b) not obstruct normal pedestrian or vehicular traffic; and c) not obscure clear visibility of approaching pedestrian or vehicular traffic. 5 - 70 SCHEDULE 25 SPECIAL EVENT 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Special Event Licence shall supply the following: a) for a i. Fire Approval; ii. Proof of Insurance; and iii. Animal Services Provider Approval, if Animals are involved b) for a i. The documents listed in section 1a) above; and, ii. Health Approval, if applicable. 2. Other than those establishments identified in section 3 required for all Special Events. 3. a) a Special Event with Food Trucks and Refreshment Vehicles; and b) Aa Special Event that includes the sale of Food, Food Products, or Refreshments. 4. Every Special Event Licensee shall: i. have written permission of the owner of the private property consenting to the use of their property; ii. provide a description of all merchandise, food, goods, or services offered; iii. provide a list of all vendors attending the event, if applicable; iv. provide proof of Registered Charity status or Neighbourhood Association status, where applicable; v. provide evidence of authorization pursuant to the Technical Standards and Safety Act, 2000, for each ride that is part of the Special Event; vi. keep the grounds and premises in good order; and vii. ensure there are satisfactory washroom facilities, refuse receptacles, and security measures in place. 5 - 71 5. No Special Event Licensee shall: a) permit amplified noise that contravenes Chapter 450 of The City of Kitchener Municipal Code unless an exemption has been granted by Council or the Director of By-law Enforcement; or b) sell or offer to sell goods or services other than those goods or services identified in the Licence. 6. All Special Events or parts thereof shall cease operating not later than 11:30 p.m. each day of the event, and the grounds shall be completed cleared of all public patrons within one hour after the closing hour of 11:30 p.m. 7. The provision in section 6 above shall not apply to any Special Event where the Licensee has been issued a liquor licence from the Alcohol and Gaming Commission of Ontario. 5 - 72 SCHEDULE 26 STREET VENDOR 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Street Vendor Licence shall supply the following: a) Health Approval, if applicable; and b) Proof of Insurance. 2. Every Street Vendor Licensee shall: i. only operate in one of the designated locations and sell or offer for sale only the designated products; ii. submit separate Applications for each permitted location as described in section 5, below; iii. apply for and be granted a Licence in a first-come, first-serve basis; iv. not use any loud speakers, amplifiers, hailing device, or music players; v. remove themselves, any refuse container, and any debris from site each day upon the conclusion of the day; vi. commence their daily operations no earlier than 9:00 a.m. and shall cease their daily operation no later than 11:59 p.m.; and vii. ensure anyone operating the vehicle wears clean apparel. 3. Street Vendor Licensees are only permitted to operate in the following locations: a) Victoria Park at the location in the vicinity of the Pavilion and at least 300 feet from the nearest other Refreshment Vehicle and/or City concession as specifically stated on the licence; b) King Street and Gaukel Street on the sidewalk at the south-west corner; c) King Street West and Water Street on the sidewalk on the south- west corner; d) King Street East across from 53 King Street East on the sidewalk in front of the parkette; e) King Street and Benton Street Speakers Corner Park; or 5 - 73 f) 45 Woodside Avenue green space facing Queen Street South. 5. Licensees shall only sell or offer for sale specified products at each location. The products include: a) Victoria Park -any food items as approved by Public Health; b) King Street and Gaukel Street -any food items as approved by Public Health; c) King Street West and Water Street popcorn, confections, nuts and candy; d) King Street East across from 53 King Street East -any food items as approved by Public Health; e) King Street and Benton Street -Portrait artist to sketch and paint; or f) 45 Woodside Avenue - any food items as approved by Public Health. 6.ASpecial Event Licensee operating as a portrait artist pursuant to this By-law shall: a) display the Municipal Plate in a conspicuous place; b) provide a refuse container; c) sell only sketches or paintings done on site; d) ensure that anyone operating the stand wears clean apparel; e) not use loud speakers, amplifier, hailing devices, or music players; and f) commence their daily operations no earlier than 9:00 a.m. and shall cease their daily operation no later than 11:59 p.m. of the same day. 5 - 74 SCHEDULE 27 TEMPORARY VENDOR 1. In addition to the licensing requirement set out in section 4 of this By-law, an Applicant for a Temporary Vendor Licence shall supply the following: a) Health Approval, if applicable. 2. Every Temporary Vendor Applicant shall: a) provide written permission of the owner of the private property consenting to the use of the property by the Applicant; b) provide adescription of all merchandise or services offered; c) provide proof of a building permit, where a tent(s) has been erected; and d) provide proof that the Applicant is Registered Charity or Neighbourhood Association if applicable. 3. No Temporary Vendor Licensee shall: a) sell or offer to sell any goods or services offered other than those goods or services identified in the Licence; or b) operate within 400 metres of a Permanent Vendor selling similar goods or services, unless operating in a motel, hotel, convention centre, Public Hall or shopping mall, or for a Special Event. 4. A Temporary Vendor Licence is not required for vendors: a) who design and make arts or crafts, and who are selling arts or crafts designed and made by himself/herself; b) who operate or promote trade shows; and c) operating as part of a Licensed Special Event. 5 - 75 SCHEDULE 28 THEATRE 1. In addition to the licensing requirements set out in section 4 of this By-law, an Applicant for a Theatre Licence shall supply the following: a) fTheatre Licence: i. Fire Approval; ii. Health Approval; iii. Planning Approval; and iv. Plumbing Approval; b) fTheatre Licence: i. The documents listed in 1. a) above; and ii. Building Approval. 2. A required for all Drive-In Theatres. 3.B i. Single Screen Theatre; and ii. Multiple Screen Theatre. 4. Every Class B Theatre must have a lobby and every viewing room in a Theatre must have direct access to the lobby. 5 - 76 SCHEDULE 29 RENEWAL REQUIREMENTS 1. In addition to the licensing requirements set out in section 4 of this By-law, a completed Application for a Licence renewal shall be accompanied by the listed requirements/approvals and shall be submitted by the listed due date: TYPE OF BUSINESSREQUIREMENTS/APPROVALSDUE DATE Auctioneer--March 31 Beauty Salon/Barber HealthMarch 31 Shop Buskers--March 31 ContractorsInsuranceMarch 31 Convenience StoresHealthMarch 31 Driving SchoolsInsuranceMarch 31 -Fire, HealthMarch 31 Stationary Food ShopFire, HealthMarch 31 Food TruckMarch 31 Licence Laundrette/Dry CleanerFire, PlumbingMarch 31 Mobile BusinessHealthMarch 31 Motor Vehicle FacilityFireMarch 31 NightclubFire, HealthMarch 31 Old Gold Shop--March 31 Pet Care EstablishmentHumane SocietyMarch 31 Pet Shop--March 31 Place of AmusementFire, InsuranceMarch 31 Public HallsFireMarch 31 Refreshment VehiclesFire, HealthMarch 31 Street VendorHealth, InsuranceMarch 31 TheatreFire, HealthMarch 31 5 - 77