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HomeMy WebLinkAboutCOR-21-001 - Housekeeping Amendments to Payday Loan Establishments ScheduleREPORT TO: Community & InfrastructureServices Committee DATE OF MEETING:February 8, 2021 SUBMITTED BY: Christine Tarling,Director, Legislated Services & City Clerk,519-741- 2200 ext. 7809 PREPARED BY:Helen Fylactou,Manager, Licensing,519-741-2200 ext. 7854 WARD (S) INVOLVED:ALL DATE OF REPORT:December 15, 2020 REPORT NO.: COR-21-001 SUBJECT: HousekeepingAmendments to Payday Loan Establishments Schedule ___________________________________________________________________________ RECOMMENDATION: ThatSchedule 17.1 of the Business Licensing By-law 2017-139, be amendedto update the list of recognizedaddresseswithinthe Payday Loan EstablishmentSchedule (Schedule 17.1), as attached as Appendix ‘A’ to and outlined in Corporate Servicesreport COR-21-001; BACKGROUND: On June 24, 2019,Council approved amendments to the Business Licensing By-law to include aPayday Loan Establishment schedule.The schedule regulates the location and the number of payday loan establishments. The maximum numberof establishmentspermitted is 10 citywide. At the time the By-law was approved, there were 18 licensed payday loan establishments operating in Kitchener. These existing establishment are permitted to remain in operation as long as each one applied under the new approved schedule, continues to operate as a Payday Loan Establishment, annually renews the licence, does not move locations, and continues to be in compliance. REPORT: Staff is recommending that the Payday Loan Schedulebe amended to include one additional address of a Payday Loan Establishment that is operating at 324 Highland Road West. The application for this location was not included on the original Schedule as it was submitted between the time that Council received the report andthe time thatBy-law cameinto effect. The Payday Loan Establishment has met all the conditions of the by-law, including the submission of an application under the new schedule. In addition to including the new address, Staff are recommendingthatanylocations no longer in existence be removed from the Schedule.These locations have closed since the Schedule came into effectand have been confirmed to no longer be in operation. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 4 - 1 With the recommended changes, the overall number of Payday Loan Establishment will decrease from 18 locations to14 locations. Thechange of addresses within the Payday Loan EstablishmentScheduleinclude: Address to be Added: 324 Highland Rd West Addresses to be Removed: 215Highland Rd West; 2880 King Street East; 78 King Street West; 1087 Weber Street East; and 1335 Weber Street East The Payday Loan Establishment Schedule proposes to eventually reduce the total number of establishments within the city by limiting the number of licences via attrition to a maximum of 10 citywide and with no more than 2 establishments per ward. These 14 existing andlicensed payday loan establishments will be recognized within the scheduleandbe permitted to remain in operation as long as each onecontinuesto meet criteria outlined in the By-law. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial impacts. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services 4 - 2 APPENDIX A SCHEDULE 17.1 PAYDAY LOAN ESTABLISHMENTS 1.In addition to the licensing requirements set out in Article 4 of this Chapter, an Applicant for a Payday Loan Establishment Licence shall supply the following: a)Planning Approval; b)Police Record Check; c) Proof of current and valid licence as a lender or loan broker under the Payday Loans Act, 2008; and d)Proof of Insurance. 2.Every Payday Loan Establishment Operator shall have a separate Licence for each Payday Loan Establishment location. 3.No more than ten (10) Payday Loan Establishment Licences shall be issued in the city of Kitchener. 4.Nor more than two (2) Payday Loan Establishment Licences shall be issued in any one ward of the city of Kitchener. 5.No new Licence shall be issued for Payday Loan Establishment if the proposed location is: a)located within 150 metres of another Licensed Payday Loan Establishment; b)Located within 150 metres of anyGaming Establishment; or c) Located within 150 metres of any addiction or gambling counselling service. 6.Despite sections 3, 4, and 5 of this Schedule, any Payday Loan Establishment existing onJune 24, 2019may continue to operate in the same location provide: a)The Operator had a current and valid Permanent Vendor Licence or Old Gold Licence for the Payday Loan Establishment on June 24, 2019; b)The Operator obtains a Payday Loan Establishment Licence by March 31, 2020; c) The Business is operated continuously as a Payday Loan Establishment; 4 - 3 d)The Business is, at all times, operated in compliance with this Chapterand all applicable municipal, provincial, and federal laws; and e)The Payday Loan Establishment Licence is renewed annually as required by this Chapter. 7.The Payday Loan Establishments existing on December 1, 2020are at the following locations: a)500 Fairway Road South; b)25 Frederick Street; c) 324Highland Road West; d)370 Highland Road West; e)465 Highland Road West; f)525 Highland Road West; g)625 King Street East; h)1253 King Street East; i)4396 King Street East; j)648 King Street West; k) 670 King Street West; l)3101 Kingsway Drive; m)725 Ottawa Street South;and n)12 Water Street North. 4 - 4