HomeMy WebLinkAboutFCS-13-075 - Housekeeping Amendments to Chapter 501, 523 and 542 of the City of Kitchener Municipal Code
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
May 6, 2013
SUBMITTED BY:
C. Tarling, Acting Director of Legislated Services
PREPARED BY:
Patricia Harris, Manager of Licensing, 7854
WARD(S) INVOLVED:
All
DATE OF REPORT:
April 24, 2013
REPORT NO.:
FCS-13-075
SUBJECT:
HOUSEKEEPING AMENDMENTS TO CHAPTER 501, 523
AND 542 OF THE CITY OF KITCHENER MUNICIPAL
CODE
RECOMMENDATION:
That Chapter 523 (Buskers), Chapter 542 (Exhibition, Circus, Midway or Carnival) and
Chapter 501 (Business Licence Fees) of the Municipal Code be amended as outlined in
Finance and Corporate Services Report FCS-13-075.
BACKGROUND:
In recent months Licensing staff has been reviewing the Licensing By-laws to update and
amend any by-laws that will allow greater efficiencies and improve customer service. It has
been determined that the above by-laws require amendments at this time.
REPORT:
The following changes are being proposed:
Chapter 523 - Buskers
Allow a group of performers to obtain a buskers licence and pay one fee
Chapter 523 currently requires that each person who wishes to play act, sing or otherwise
perform requires a licence and is required to pay the required fee. Although the fee for an
individual person is minimal at $48.00 per year, if a group wishes to obtain a busker licence,
each person in the group is required to pay the licence fee. At times, depending on the size of
the group, the fee can become substantial. Therefore, it is being recommended that the by-law
beamended to permit groups of performers such as bands, jugglers, etc. pay one busker
licence fee to obtain a licence. Each person in the group will still be required to complete an
application and obtain the required Police Clearance Letter, in order to ensure protection of the
public. This is not intended to include organizers of busker festivals. It is hoped that this may
provide a variety of different types of performers in the downtown.
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Chapter 542 Exhibition, Circus, Midway or Carnival
Add a separate category for Cultural festival and define it
Broaden the definition of neighbourhood festival
Although neighbourhood festival and cultural festival are referenced in Chapter 542 neither is
defined. It is being recommended that a separate category be established for a cultural festival.
The cultural festival category would replace the civic celebration designation as well as allow for
other cultural groups to hold festivals that may include up to 40 vendors selling food and
merchandise at a lower fee.Currently groups must obtain a separate licence for the food
vendors and another for the merchandise vendors. Licences can cost between $500.00 and
$700.00. It is being recommended that the cultural festival fee would be $150.00.
During the summer months there are numerous neighbourhood festivals, special events and
carnivals. More and more neighbourhoods want to hold events that include the sale of food,
provide a few rides for the children and also have a few vendors selling goods and services.
Currently these events require the organizer to obtain several licences in order to hold the event
which can be quite costly for neighbourhood associations and not for profit organizations. It is
being proposed that the definition of neighbourhood festival be broadened to allow for the
opportunity of organizers to include a food component, a few rides and up to 10 vendors selling
their products for one fee of $93.00. Currently the licence fees are approximately $500.00. This
discourages neighbourhoods from holding festivals. It is hoped that a lower licence fee may
encourage neighbourhoods to hold more events.
Chapter 501 Business Licence Fees
The following fee to be added Cultural Festival - $150.00
Civic Celebration designation to be removed.
The cultural festival category will replace the civic celebration designation. The Civic
Celebration designation was used in order for festivals such as Oktoberfest and the Multicultural
Festival to obtain their special occasion permits from the Alcohol and Gaming Commission of
Ontario (AGCO) and to receive a discounted licence fee. Changes made to Special Occasion
rder for an organization to obtain a
Special Occasion Permit. Therefore, the Civic Celebration designation is no longer required.
A cultural festival licence will allow the organizing body to obtain one licence for all participants
of the festival and pay one fee of $150.00. This fee is equivalent to each participating vendor
paying a licence fee of approximately $5.00 each. It will decrease the workload of licensing staff
as only one application will be required by the organizing body.
A flat rate of $75.00 for change of location licences.
Currently the fee for a change of location is based on the renewal fee for a business licence.
Renewal fees vary with the different types of licences and there are inequities with this policy. It
is being recommended that a flat rate of $75.00 be applied to any business that applies to
change location regardless of the approvals they require.
No refund shall be given for any licence for which the fee payable for the full year is One
Hundred Dollars ($100.00) or less
Refunds are issued for business licences when a business has paid their renewal fee and then
goes out of business. If they close by March 31 of the current year they may receive a75%
refund of the annual fee and if they close by June 30 they may receive 50% of the annual fee.
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Chapter 501 (Business Licence Fees) of the Municipal Code was passed in 2004. Due to
annual increases in licence fees there are very few licence fees where the fee payable is under
$50.00. Due to the administrative costs of issuing a refund it is being recommended that the fee
payable be raised to $100.00 before a refund is given.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Efficient and Effective Government Continually adapting and improving to provide for a more
customer focused environment and providing efficiencies to the day to day operations of the
City.
FINANCIAL IMPLICATIONS:
There may be a revenue decrease of approximately $1,000 based on 2012 licence fees.This
decrease is the result of some cultural and neighbourhood festivals only requiring one licence
instead of several.
COMMUNITY ENGAGEMENT:
The above amendments to various chapters in the Municipal Code are a result of negative
feedback from customers. It is hoped that these amendments will allow more efficiencies to
processes and allow customers to hold events for a more affordable fee.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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