HomeMy WebLinkAboutChapter 599 - Licensing & Regulation of BusinessesLICENCE
Chapter 599
LICENSING AND REGULATION OF BUSINESSES
TABLE OF CONTENTS
Article No.
Title
Page No.
599.1 .................................
Interpretation........................................................................
3
599.2 .................................
Regulated Businesses........................................................
12
599.3 .................................
Prohibitions.........................................................................
12
599.4 .................................
Licensing Requirements.....................................................
14
599.5 .................................
Issuance of Licence and Grounds for Refusal....................
15
599.6 .................................Terms
of Licence ................................................................
16
599.7 .................................
Revocation and Suspension...............................................
17
599.8 .................................
Appeal................................................................................
17
599.9 .................................
Notices...............................................................................
20
599.10 ...............................
Inspections.........................................................................
20
599.11 ...............................
Order to Discontinue..........................................................
21
599.12 ...............................
Work Order.........................................................................
22
599.13 ...............................
Enforcement.......................................................................
22
599.14 ...............................
Offences and Penalties......................................................
23
599.15 ...............................
Collection of Unpaid Fines..................................................
23
599.16 ...............................
Schedules...........................................................................
23
599.17 ...............................
Short Title...........................................................................
23
599.18 ...............................
Severability .........................................................................
24
599.19 ...............................
Coming into Force..............................................................
24
599.20 ...............................
Transitional Provisions.......................................................
24
599.21 ...............................
Municipal Code ...................................................................
25
KITCHENER 599.1 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
Schedule
Title
Page No.
1 ......................................
Businesses Requiring a Licence ........................................
26
2 ......................................
Police Record Check Requirements...................................
27
3 ......................................
Insurance ............................................................................
28
4 ......................................
Auctioneer..........................................................................
29
5 ......................................
Beauty Salon......................................................................
31
6 ......................................
Buskers..............................................................................
32
7 ......................................
Contractor...........................................................................
33
8 ......................................
Convenience Store .............................................................
34
9 ......................................
Driving School....................................................................
35
10 ......................................
Farmers' Market.................................................................
36
11 ......................................
Food Shop ..........................................................................
37
12 ......................................
Food Truck.........................................................................
38
13 ......................................
Laundrette or Dry Cleaner..................................................
42
14 ......................................
Mobile Business.................................................................
43
15 ......................................
Motor Vehicle Facility.........................................................
44
16 ......................................
Nightclub............................................................................
45
17 ......................................Old
Gold Shop ....................................................................
46
17.1 ...................................
Payday Loan Establishment...............................................
48
18 ......................................
Pet Care Establishment......................................................
50
19 ......................................
Pet Shop .............................................................................
54
20 ......................................
Permanent Vendor.............................................................
56
21 ......................................
Place of Amusement..........................................................
57
22 ......................................
Pop -Up Shop ......................................................................
58
23 ......................................
Public Halls.........................................................................
59
24 ......................................
Refreshment Vehicle..........................................................
60
25 ......................................
Special Event.....................................................................
64
26 ......................................
Street Vendor.....................................................................
66
27 ......................................Temporary
Vendor.............................................................
68
28 ......................................
Theatre...............................................................................
69
29 ......................................
Renewal Requirements......................................................
70
KITCHENER 599.2 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
ARTICLE 1
INTERPRETATION
599.1.1 Adult - defined
"adult" means an individual eighteen years of age or older.
599.1.2 Amusement devices - defined
"amusement devices" 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.
599.1.3 Animals - defined
"animals" means any member of the animal kingdom other than a human.
599.1.4 Animal services provider - defined
"animal services provider" means The Animal Welfare Agency South Central Ontario
which was formerly known as the Kitchener -Waterloo and North Waterloo Humane
Society and is still commonly referred to in the community as the "Humane Society" and
shall include its officers and employees.
599.1.5 Applicant - defined
"applicant" means the Person applying for a Licence or renewal of a Licence under this
Chapter.
599.1.6 Application - defined
"application" 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.
599.1.7 Application licence fee - defined
"application licence fee" 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.
599.1.8 Auction - defined
"auction" means a public sale in which item(s) are sold or offered for sale to the highest
bidder.
599.1.9 Auctioneer - defined
"auctioneer" means any Person selling or putting up for sale goods, wares,
merchandise, effects, or property by public Auction.
599.1.10 Barber shop - defined
"barber shop" means the same as "Beauty Salon".
599.1.11 Beauty salon - defined
KITCHENER 599.3 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
"beauty salon" means 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.
599.1.12 Boarding kennel - defined
"boarding kennel" 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.
599.1.13 Breeding kennel - defined
"breeding kennel" means a place or facility where dogs that are registered or eligible for
registration with an associations incorporated under the Animal Pedigree Act (Canada),
R. S.C. 1985, c. 8 (4t" Supp.) are bred or raised.
599.1.14 Business - defined
"business" 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.
599.1.15 Busker - defined
"busker" 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.
599.1.16 Carl Zehr Square - defined
"Carl Zehr Square" means the area known as Carl Zehr Square and located at 200 King
Street West, in front of Kitchener City Hall.
599.1.17 Chapter - defined
"Chapter" 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.
599.1.18 Chief Building Official - defined
"Chief Building Official" means the Chief Building Official of the City or their
designate.
KITCHENER 599.4 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
599.1.19 Chief Fire Official - defined
"Chief Fire Official" means the Chief Fire Official of the City or their designate.
599.1.20 Chief of Police - defined
"Chief of Police" means the Police Chief for the Waterloo Regional Police Services
or their designate.
599.1.21 City - defined
"City" means The Corporation of the City of Kitchener.
599.1.22 City property defined
"City property" means property owned by the City.
599.1.23 Community organization - defined
"community organization" means a non-profit group of Persons organized for the
advancement of activities of a civic, cultural, or recreational nature.
599.1.24 Combustible liquid - defined
"combustible liquid" means "combustible liquid" as defined in the Ontario Fire Code.
599.1.25 Contractor - defined
"contractor" 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.
599.1.26 Convenience store - defined
"convenience store" 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.
599.1.27 Council - defined
"council" means the elected officials' comprising the municipal council of the City.
599.1.28 KBIA boundary - defined
"DKBIA boundary" means the Downtown Kitchener Business Improvement Area
boundary.
599.1.29 Director - defined
"Director" means the Director of Legislated Services of the City or their designate.
KITCHENER 599.5 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
599.1.30 Doggie -daycare - Class I - defined
"doggie daycare - Class I" means 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.
599.1.31 Doggie daycare - Class II - defined
"doggie daycare - Class II" 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.
599.1.32 Drive-in theatre - defined
"drive-in theatre" means any premises in which moving pictures are exhibited and
viewed by the public from vehicles.
599.1.33 Driving school operators - defined
"driving school operators" means a Business that, for gain, teaches a Person or Persons
to operate motor vehicles.
599.1.34 Dry cleaner - defined
"dry cleaner" 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.
599.1.35 Farmers market - defined
"farmers' market" 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.
599.1.36 Farm products - defined
"farm products" 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.
599.1.37 Flammable liquid - defined
"flammable liquid" means "Flammable Liquid" as defined in the Ontario Fire Code.
599.1.38 Flea market - defined
"flea market" 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 Farmers' Market.
599.1.39 Food shop - defined
KITCHENER 599.6 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
"food shop" 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.
599.1.40 Food truck - defined
"food truck" 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.
599.1.41 Gaming Site - defined
means a gaming site as defined under the Ontario Lottery and Gaming Corporation Act,
1999, S.O. 1999, c. 12, Sched. L.
599.1.42 Health approval - defined
"health approval" means the written approval of the Region of Waterloo Public Health.
599.1.43 Highway - defined
"highway" means a "highway" as defined under the Highway Traffic Act, R.S.O. 1990,
c.H.8.
599.1.44 Laundrette - defined
"laundrette" means an establishment with automatic washing machines, dryers, or dry
cleaning machines available for public use for a fee.
599.1.45 Licence - defined
"licence" means a licence to engage in a Business issued under this Chapter and the
termed "licensed" shall have a corresponding meaning.
599.1.46 Licensed premises - defined
"licensed premises" means the Premises referred to on a Licence.
599.1.47 Licensee - defined
"Licensee" means a Person who has been issued a Licence under this Chapter.
599.1.48 Licensing Appeal Tribunal - defined
"Licensing Appeal Tribunal" means a committee designated by Council for the purpose
of hearing any appeal under this Chapter.
599.1.49 Maintenance of a motor vehicle - defined
"maintenance of a motor vehicle" 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.
KITCHENER 599.7 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
599.1.50 Manager of Licensing - defined
"Manager of Licensing" means the Manager of Licensing of the City or their designate.
599.1.51 Medical Officer of Health - defined
"Medical Officer of Health" means the Medical Officer of Health for the Region of
Waterloo Public Health or their designate.
599.1.52 Mobile business - defined
"mobile business" 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
Chapter if the Business was operating in a building or fixed location, but shall not include
any Person operating as a Contractor or Temporary Vendor.
599.1.53 Mock auction - defined
"mock auction" means an Auction during which:
a) any goods are sold to Person at a price 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.
599.1.54 Motor vehicle - defined
"motor vehicle" means an automobile, motorcycle, truck, trailer, or motor -assisted
bicycle unless otherwise indicated in this Chapter 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.
599.1.55 Motor vehicle facility - defined
"motor vehicle facility" 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.
559.1.56 Municipal plate - defined
"municipal plate" means a plate bearing a number issued by the City to a Licensee which
includes a current year validation sticker.
559.1.57 Neighbourhood association - defined
"neighbourhood association" means a community group that is currently recognized by
the City as an affiliated Neighbourhood Association.
KITCHENER 599.8 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
559.1.58 Nightclub - defined
"nightclub" 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.
559.1.59 Occupancy load - defined
"occupancy load" means the number of Persons that a building or part thereof is
designed to accommodate.
559.1.60 Officer - defined
"officer" 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 Building Official, the City's Director of
By-law Enforcement, or any person or inspector duly authorized on their behalf or
otherwise authorized by Council.
559.1.61 Old gold shop - defined
"old gold shop" 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.
559.1.62 Ontario Fire Code - defined
"Ontario Fire Code" means the Ontario Regulation 213/07: Fire Code, under the
Fire Protection and Prevention Act, 1997, 8.0. 1997, c. 4.
559.1.63 Operator - defined
"operator" means a Person, who alone or with others, operates, manages, runs, or
controls and "operate" has a corresponding meaning.
559.1.64 Owner - defined
"owner" means the owner or tenant of a building.
559.1.65 Payday Loan - defined
"Payday Loan" shall have the definition set out in the Payday Loans Act, 2008, S. 0. 2008,
c. 9.
559.1.66 Payday Loan Establishment — defined
"Payday Loan Establishment" means any premises or any part of them in respect of which
a licensee within the meaning of the Payday Loans Act, 2008, S.O. 2008, c. 9 may
operate a business pursuant to a licence issued under that Act.
KITCHENER 599.9 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
559.1.67 Permanent vendor - defined
"permanent vendor" 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 Chapter.
559.1.68 Person - defined
"person" 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.
559.1.69 Pet care establishment - defined
"pet care establishment" 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 the City's Animal Services
Provider.
559.1.70 Pet shop - defined
"pet shop" means a Business that sells, has for sale, or keeps Animals including without
limitation rodents, reptiles, fish, or amphibians.
559.1.71 Place of amusement - defined
"place of amusement" 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.
559.1.72 Police record check - defined
"police record check" means a police record check issued to the Applicant by the police
service in whose jurisdiction the Applicant resides.
559.1.73 Police officer - defined
"police officer" means a police officer with the Waterloo Regional Police Services or the
Ontario Provincial Police.
559.1.74 Pop-up farmers' market
"pop-up farmers' market" means 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.
KITCHENER 599.10 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
559.1.75 Pop-up shop - defined
"pop-up shop" 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.
559.1.76 Public hall - defined
"public hall" 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.
559.1.77 Refreshment - defined
"refreshment" means food or drink which may be consumed by humans.
559.1.78 Refreshment vehicle - defined
"refreshment vehicle" means a Vehicle selling Refreshment but shall not include a Food
truck.
559.1.79 Refreshment vehicle - Class A - defined
"refreshment vehicle - Class "A" means a Refreshment Vehicle that is a stationary
vehicle and licensed to operate at one specific location.
559.1.80 Refreshment vehicle - Class B - defined
"refreshment vehicle - Class "B" 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.
559.1.81 Refreshment vehicle - Class C - defined
"refreshment vehicle - Class "C" 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.
559.1.82 Registered charity - defined
"registered charity" 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(5t" 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.
559.1.83 Regulations of this Chapter - defined
"regulations of this by law" means the provisions of this Chapter including its schedules
that are applicable to a Business.
KITCHENER 599.11 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
559.1.84 Special event - defined
"special event" 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.
559.1.85 Street vendor - defined
"street vendor" 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.
559.1.86 Temporary vendor - defined
"temporary vendor" 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.
559.1.87 Trade show - defined
"trade show" 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.
599.1.88 Threatre - defined
"theatre" means a building in which moving pictures are shown for public entertainment
and may include single screen or multiple screen Theatres.
599.1.89 Zoning by-law - defined
"zoning by-law" means all by-laws passed by Council pursuant 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.
Article 2
REGULATED BUSINESSES
MOM
a) The Businesses set out in Schedule 1 are subject to the requirements of this
Chapter and to the requirements of the applicable schedules as shown therein.
b) The applicable requirements of a schedule to this Chapter shall prevail over the
general requirements of this Chapter to the extent of any conflict.
Article 3
PROHIBITIONS
599.3.1
KITCHENER 599.12 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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 Chapter;
c) operate a Business licensed under this Chapter:
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 Chapter; 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
fl hold themselves out as Licensed under this Chapter without holding the
appropriate Licence.
599.3.2
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.
599.3.3
This Chapter 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.
599.3.4.
This Chapter shall not apply to the following Businesses:
KITCHENER 599.13 OCTOBER 2019
LICENSING & REGULATION OF 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;
fl driving school instructors;
g) manufacturing;
h) wholesale vendors; and
) farmers or gardeners selling produce of their own farm or garden at their own
property.
Article 4
LICENSING REQUIREMENTS
599.4.1
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. the Applicant's legal name;
II. the Applicant's residential and mailing address;
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 Chapter; and
KITCHENER 599.14 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
e) any documentation that may be required by the Manager of Licensing with
respect to investigations required pursuant to this Chapter.
599.4.2
If not prescribed by the Chapter, 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 theApplication.
599.4.3
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, Supervisor of Farmers' Market, Regional
Medical Officer of Health, Waterloo Regional Police Services, and Director of By-law
Enforcement.
599.4.4
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.
599.4.5
Every Licenseeshall:
a) post the Licence in a conspicuous place at the Licensed Premises, where
applicable;
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 Chapter 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 Chapter 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
KITCHENER 599.15 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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 inconformity 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.
Article 5
ISSUANCE OF LICENCE AND GROUNDS FOR REFUSAL
599.5.1
The Manager of Licensing shall receive and process all complete Applications for the
Licence.
599.5.2
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 provision of this Chapter or any other applicable by-law of
Council.
599.5.3
Save as otherwise provided herein, every Licence issued or renewed pursuant to this
Chapter shall be issued in the name of Council by the Manager of Licensing.
599.5.4
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;
d) the Manager of Licensing has received an unsatisfactory report regarding an
investigation carried out pursuant to this Chapter 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
KITCHENER 599.16 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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. 0. 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 an offence that relates in any way to the business.
599.5.5
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.
Article 6
TERMS OF LICENCE
599.6.1
Unless revoked, a Licence under this Chapter shall expire annually on the 31st day of
March, except where stated otherwise in Schedule 1.
Article 7
REVOCATION AND SUSPENSION
599.7.1
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.
599.7.2
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 Chapter or any other
applicable laws;
d) the Licence was issued upon provision or receipt of false or misleading
information; or
KITCHENER 599.17 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
e) the Applicant has failed to pay the full Application Licence Fee associated with
the Licence including any late and/or penalty fee.
599.7.3
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.
599.7.4
No Person shall operate, permit to be operated, or sell products or services, from any
Business while the required Licence(s) issued under this Chapter is suspended or
revoked.
Article 8
APPEAL
599.8.1
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.
599.8.2
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.
599.8.3
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.
599.8.4
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 Chapter or any
other applicable law or Chapter;
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
KITCHENER 599.18 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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;
e) any Licensee has contravened this Chapter 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 Chapter have not been met; or
g) the provisions of this Chapter provide grounds not to issue or renew.
599.8.5
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.
599.8.6
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 Chapter;
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 Chapter 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;
KITCHENER 599.19 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
g) without limiting the generality of section 599.8.5.f), any Person, including the
officers, directors, employees or agent of a corporation, has contravened this
Chapter or any other by-law of the City or federal or 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 Chapter have not been met;
i) the provisions of this Chapter 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.
599.8.7
No Person shall violate any conditions that Council, a Committee of Council, or the
Manager of Licensing has placed on a Licence issued under this Chapter.
599.8.8
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 byCouncil.
Article 9
NOTICES
599.9.1
Any notice pursuant to this Chapter 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 sent by registered mail to the Person's last known
address;
c) upon the conclusion of the transmission by facsimile to the Person's last known
facsimile number;
d) upon the sending by email transmission to the Person's last known email
address; or
e) where the specific method of delivery is not specified herein, upon a reasonable
time in the circumstances.
KITCHENER 599.20 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
599.9.2
For the purpose of section 599.9.1, the Person's last known address, facsimile number,
and email address shall be deemed to be those provided pursuant to section 599.4.1 of
this Chapter 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.
Article 10
INSPECTIONS
599.10.1
Every Licence issued under this Chapter 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.
599.10.2
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 Chapter;
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.
599.10.3
For the purpose of an inspection of any premises to which any provision of this Chapter
applies, an Officer may:
e) require the production for inspection of documents or items relevant to the
inspection;
f) inspect documents or items relevant to the inspection;
g) require information from any person concerning a matter related to the
inspection; and
h) alone or in conjunction with a person possessing special or expert knowledge,
KITCHENER 599.21 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
make examination or take tests, samples, or photographs necessary for the
purpose of the inspection.
Article 11
ORDER TO DISCONTINUE
599.11.1
Where the Manager of Licensing has reasonable grounds to believe that a contravention
of this Chapter, or any other applicable by-law, has occurred, the Manager of Licensing
may make an order requiring the Person who contravened this Chapter, 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.
599.11.2
An order under section 599.11.1 of this Chapter 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 date by which there must be compliance with the order.
599.11.3
No Person shall contravene an order made under section 599.11.1 of this Chapter.
Article 12
WORK ORDER
599.12.1
Where the Manager of Licensing has reasonable grounds to believe that a contravention
of this Chapter has occurred, the Manager of Licensing may make an order requiring the
Person who contravened this Chapter, 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.
599.12.2
An order under section 599.12.1. of this Chapter 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.
599.12.3
KITCHENER 599.22 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
An order under section 599.12.1. of this Chapter may require work to be done even
though the facts which constitute the contravention of this Chapter were present before
this Chapter came into force.
599.12.4
No Person shall contravene an order under section 599.12.1 of this Chapter.
Article 13
ENFORCEMENT
599.13.1
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 Chapter.
599.13.2
The Manager of Licensing is hereby charged with the responsibility for the enforcement
of this Chapter 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.
Article 14
OFFENCES AND PENALTIES
599.14.1
Every Person, excluding a corporation, who contravenes any provision of this Chapter
or an order made under this Chapter and every director or officer of a corporation who
concurs in a contravention by the corporation is guilty of an offence and is liable, upon
conviction, to a fine not exceeding Twenty -Five Thousand Dollars ($25,000).
599.14.2
Every corporation that contravenes any provision of this Chapter or an order made
under this Chapter is guilty of an offence and is liable, upon conviction, to a fine not
exceeding Fifty Thousand Dollars ($50,000).
Article 15
COLLECTION OF UNPAID FINES
Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of
this Chapter 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
KITCHENER 599.23 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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.
599.15.2
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.
Article 16
SCHEDULES
599.16.1
The schedules attached to this Chapter shall form part of this Chapter.
Article 17
SHORT TITLE
599.17.1
This Chapter shall be known as the "Business Licensing By-law".
Article 18
SEVERABILITY
599.18.1
If a Court of competent jurisdiction should declare any section or part of a section of this
Chapter 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 Chapter and it is hereby
declared that the remainder of this Chapter shall be valid and shall remain in full force
and effect.
Article 19
COMING INTO FORCE
599.19.1
This Chapter shall come into force and effect on April 1, 2018.
Article 20
TRANSITIONAL PROVISIONS
599.20.1
KITCHENER 599.24 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
Notwithstanding any other provisions of this Chapter, 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 599.20.1.b), or a penalty, forfeiture, or
punishment described in section 599.20.1.c).
599.20.2
An investigation, proceeding, or remedy described in section 599.20.1.d) may be
commenced, continued, or enforced as if the by-law or chapter had not been repealed or
revoked.
599.20.3
A penalty, forfeiture, or punishment described in section 599.20.1. c) may be imposed as
if the by-law or chapter had not been repealed or revoked.
A Licence issued under any by-law or chapter of the Municipal Code, as amended, shall
be deemed a Licence under this Chapter and shall be subject to all provisions of this
Chapter, but shall expire on the earlier of the two dates:
a) The expiry date stated on the licence; or
b) March 31, 2019.
Article 21
MUNICIPAL CODE
599.21.1
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. By-law No. 2017-139, 11 Dec 2017.
KITCHENER 599.25 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 1
BUSINESSES REQUIRING A LICENCE
TYPE OF BUSINESS
EXPIRY DATE
REGULATIONS
Auctioneer
March 31
Schedule 4
Beauty Salon/Barber Shop
March 31
Schedule 5
Buskers
March 31
Schedule 6
Contractor
March 31
Schedule 7
Convenience Store
March 31
Schedule 8
Driving Schools
March 31
Schedule 9
Farmers' Markets -
Stationary & Pop-up
March 31 (stationary),
Pop-up (Oct 31)
Schedule 10
Food Shop
March 31
Schedule 11
Food Truck
March 31
Schedule 12
Laundrette
March 31
Schedule 13
Mobile Business
March 31
Schedule 14
Motor Vehicle Facility
March 31
Schedule 15
Nightclub
March 31
Schedule 16
Old Gold
March 31
Schedule 17
Payday Loan Establishment
March 31
Schedule 17.1
Pet Care Establishment
March 31
Schedule 18
Pet Shop
March 31
Schedule 19
Permanent Vendor
No Expiry
Schedule 20
Place of Amusement
March 31
Schedule 21
Pop-up Shop
250 days from issuance
Schedule 22
Public Halls
March 31
Schedule 23
Refreshment Vehicles
March 31
Schedule 24
Special Events
Per Event
Schedule 25
Street Vendor
March 31
Schedule 26
Temporary Vendor
Per Event
Schedule 27
Theatres
March 31
Schedule 28
KITCHENER 599.26 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE2
POLICE RECORD CHECK REQUIREMENTS
1. This schedule shall apply to those Persons who are required to provide Police
Record Checks with an Application.
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.
3. The Police Record Check shall only be considered valid if it is completed within six (6)
months of the date of Application.
4. 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 a third party agency will not be accepted.
5. Any Police Record Check that is completed in a foreign language must be translated
and notarized.
KITCHENER 599.27 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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.
KITCHENER 599.28 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 4
AUCTIONEER
1. In addition to the licensing requirements set out in section 599.4 of this Chapter,
an Applicant for an Auctioneer Licence shall supply the following:
a) Police Record Check.
2. Notwithstanding the prohibitions set out in section 599.3 of the Chapter, 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
'beaters', 'boosters', or "shills' for the purpose of raising or stimulating bids;
or
e) give a false 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;
KITCHENER 599.29 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
h) all other money received and disbursed in connection with the business;
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.
KITCHENER 599.30 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 5
BEAUTY SALON
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 bylaw 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.
KITCHENER 599.31 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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.
KITCHENER 599.32 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 7
CONTRACTOR
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 Contractor's name,
Business address, and telephone number.
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.
KITCHENER 599.33 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 8
CONVENIENCE STORE
1. Applicant for a Convenience Store Licence shall supply the following:
a) For a Class "A" licence:
i. Planning Approval; and
ii. Police Record Check.
b) For a Class "B" licence:
i. The documents listed in section 599.1.a) above; and
ii. Health Approval.
2. Other than those establishments identified in section 599.3, below, a Class "A"
Licence shall be required for all Convenience Stores.
3. A Class "B" Licence shall be required for the following establishments:
a) A Convenience 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.
KITCHENER 599.34 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 9
DRIVING SCHOOL
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 a dual -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 driving instructor's 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.
KITCHENER 599.35 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 10
FARMERS' MARKET
1. In addition the licensing requirements set out in section 599.4 of this Chapter; an
Applicant for a Farmers' Market Licence shall supply the following:
a) for a Class "A" Licence:
i. Fire Approval;
ii. Health Approval; and
iii. Planning Approval.
b) for a Class "B" Licence:
i. Health Approval; and
ii. Owner's Authorization.
2. Other than those establishments identified in section 599.3, below, a "Class A"
Licence is required for all Farmers' Markets.
3. A Class "B" Licence shall be required for the following Farmers' Markets:
a) a Pop-up Farmers' Market that consists of a farmer selling their own products
from their garden, but not selling at their property; and
b) a Pop-up Farmers' Market where a Person who is not the farmer is selling the
products from a farmer's garden or farm.
4. A Farmers' Market 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.
KITCHENER 599.36 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 11
FOOD SHOP
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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.
KITCHENER 599.37 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 12
FOOD TRUCK
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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) Copy of Driver's Licence(s) for all 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;
fl 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;
) ensure that no damage is caused to City property as a result of the location of
the Food Truck;
KITCHENER 599.38 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
J) not use any loud speakers, amplifiers, hailing devices, or music players; and
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 space, in compliance with City's parking By-laws,
engaged in the operation of the Food Truck, and in compliance with this Chapter.
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 599.5.b) 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
KITCHENER 599.39 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
have been obtained;
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. the location is satisfactory to the City's Director of Transportation
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
A. 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:
KITCHENER 599.40 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
a) in an area zoned R1, R2, R3, R4, R5, R6, R7, RB, 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.
KITCHENER 599.41 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 13
LAUNDRETTE OR DRY CLEANER
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, an
Applicant fora Laundrette or Dry Cleaner Licence shall submit the fol lowing:
a) Fire Approval, ifapplicable;
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.
KITCHENER 599.42 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 14
MOBILE BUSINESS
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 Chapter as specified in section 599.3 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 Chapter 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.
KITCHENER 599.43 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 15
MOTOR VEHICLE FACILITY
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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.
2. 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.
3. Every Licensee shall ensure that all Motor Vehicles associated with the Licensed
Premises are parked within the boundaries of the property.
KITCHENER 599.44 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 16
NIGHTCLUB
1. In addition to licensing requirements set out in section 599.4 of this Chapter, 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. A Nightclub Licensee shall also obtain a Food Shop Licence where food is sold at the
Nightclub, and consequently, additional requirements may be applicable as per the
Food Shop schedule.
KITCHENER 599.45 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 17
OLD GOLDSHOP
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 record shall:
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.
KITCHENER 599.46 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
4. During the fifteen (15) days referenced in subsection 599.3.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.
KITCHENER 599.47 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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 any Gaming 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 on June 24, 2019 may 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;
KITCHENER 599.48 OCTOBER 2019
7
LICENSING & REGULATION OF BUSINESSES
d) The Business is, at all times, operated in compliance with this Chapter and
all applicable municipal, provincial, and federal laws; and
e) The Payday Loan Establishment Licence is renewed annually as required
by this Chapter.
The Payday Loan Establishments existing on June 24, 2019 are at the following
locations:
a)
500 Fairway Road South;
b)
25 Frederick Street;
c)
215 Highland 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)
2880 King Street East;
j)
4396 King Street East;
k)
78 King Street West;
1)
648 King Street West;
m)
670 King Street West;
n)
3101 Kingsway Drive;
o)
725 Ottawa Street South;
p)
12 Water Street North;
q)
1087 Weber Street East; and
r)
1335 Weber Street East.
KITCHENER 599.49 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 18
PET CARE ESTABLISHMENT
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 Chapter 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, and
adequately ventilated condition, and free of vermin and offensive odours;
f) ensure facility and operation's floor shall be thoroughly cleaned at least 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;
k) ensure that all food and water bowls are made of impermeable material, and
KITCHENER 599.50 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
are cleaned and disinfected daily;
1) 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 everyAnimal;
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
599.2.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 Chapter, 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
a. the front of the cage or pen the maximum weight therefor:
KITCHENER 599.51 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
b. up to 12 kilograms requires a minimum pen floor area of 1.0 square metres
and minimum height of 0.8 metres;
c. 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
d. 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 maybe 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.
KITCHENER 599.52 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
13. Every Pet Care Establishment Licensee shall ensure that any yards and runways
associated with a Breeding 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 and shall follow the
City's fencing restrictions; 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.
KITCHENER 599.53 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 19
PET SHOP
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, an
Applicant for a Pet Shop License 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;
KITCHENER 599.54 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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. a full 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.
KITCHENER 599.55 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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 Chapter.
2. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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.
KITCHENER 599.56 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 21
PLACE OF AMUSEMENT
1. In addition to the licensing requirements set out in section 599.4 of this Chapter,
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.
KITCHENER 599.57 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 22
POP-UP SHOP
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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.
KITCHENER 599.58 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 23
PUBLIC HALLS
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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.
KITCHENER 599.59 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 24
REFRESHMENT VEHICLE
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, an
Applicant for a Refreshment Vehicle Licence shall supply the following, where
applicable:
a) for a Class "A" Licence (stationary):
i. Planning Approval;
ii. Health Approval, and
iii. Fire Inspection, if applicable.
b) for a Class "B" Licence (manually propelled):
i. Planning Approval; and
ii. Health Approval.
c) for a Class "C" Licence (mobile):
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. 0. 1990, c. H. B.
2. A Class "A" licence shall be required for all stationary Refreshment Vehicles including,
but not limited to, chip wagons and hot dog carts.
3. A Class "B" licence shall be required for all manually propelled Refreshment Vehicles
including, but not limited to, ice cream carts.
4. A Class "C" licence shall be required for all mobile Refreshment Vehicles 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
KITCHENER 599.60 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
c) Manager of Licensing of any changes to such information if the Refreshment
Vehicle is replaced;
d) affix the Municipal Plate provided by the City to the Refreshment Vehicle;
e) maintain the Refreshment Vehicle in good repair and appearance;
f) 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;
g) ensure that every Person selling or handling refreshments wears clean clothes,
is clean and neat in appearance, and has clean hands; and
h) have every vehicle operating under the same Business name licensed.
7. No Refreshment Vehicle Licensee shall:
a) operate at a Special 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 Chapter or by Council
resolution.
8. Every Class "A" 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 any
other Licensed Class "A" Refreshment Vehicle is located except during a
Special Event.
9. Where a proposed location for a Class "A" Refreshment Vehicle location does not
meet the separation distance requirement of this Chapter, the Manager of Licensing
shall refuse to issue the Class "A" Refreshment Vehicle Licence unless the Class "A"
Refreshment Vehicle Licence was issued to the same Licensee for the same location
in the past 12 months in which case the Manager of Licensing shall exempt the
KITCHENER 599.61 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
Licensee from this requirement.
10. Where the Manager of Licensing has refused to issue a Class "A" Refreshment
Vehicle Licence only due to failure of the Applicant's proposed location to meet 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 Applicant's request for comments, and:
a) if no 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) if any 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 Class "B" 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 Licensee of a Class "B shall:
a) permit the use of other than manually propelled vehicles;
b) stop for longer than 10 minutes at any one serving location;
c) stop or operate on a portion of any Highway signed as "No Parking" , "No
Stopping", or "Fire Route"; or
d) operate a Class "B" vehicle:
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;
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
vii. a.m. and 4:30 p.m. on a school day; or
KITCHENER 599.62 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
viii. 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 Class "C" Refreshment Vehicle Licensee shall:
a) 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.
KITCHENER 599.63 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 25
SPECIAL EVENT
1. In addition to the licensing requirements set out in section 599.4 of this Chapter,
an Applicant for a Special Event Licence shall supply the following:
a) for a Class "A" licence:
i. Fire Approval;
ii. Proof of Insurance; and
iii. Animal Services Provider Approval, if Animals are involved
b) for a Class "B" licence:
i. The documents listed in section 599.1.a) above; and,
ii. Health Approval, if applicable.
2. Other than those establishments identified in section 599.3, below, a "Class A"
Licence is required for all Special Events.
3. A Class "B" licence shall be required for the following:
a) a Special Event with Food Trucks and Refreshment Vehicles; and
b) a 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
KITCHENER 599.64 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
vii. ensure there are satisfactory washroom facilities, refuse receptacles,
and security measures in place.
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 599.6 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.
KITCHENER 599.65 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 26
STREET VENDOR
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 599.5, 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
KITCHENER 599.66 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
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. A Special Event Licensee operating as a portrait artist pursuant to this Chapter
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.
KITCHENER 599.67 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 27
TEMPORARY VENDOR
1. In addition to the licensing requirement set out in section 599.4 of this Chapter, 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 a description 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.
KITCHENER 599.68 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 28
THEATRE
1. In addition to the licensing requirements set out in section 599.4 of this Chapter, an
Applicant for a Theatre Licence shall supply the following:
a) for a Class "A" Theatre Licence:
i. Fire Approval;
ii. Health Approval;
iii. Planning Approval; and
iv. Plumbing Approval;
b) for a Class "B" Theatre Licence:
i. The documents listed in 1. a) above; and
ii. Building Approval.
2. A Class "A" Licence is required for all Drive -In Theatres.
3. A Class "B" Theatre Licence is required for the following:
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.
KITCHENER 599.69 OCTOBER 2019
LICENSING & REGULATION OF BUSINESSES
SCHEDULE 29
RENEWAL REQUIREMENTS
In addition to the licensing requirements set out in section 599.4 of this Chapter, 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 BUSINESS
REQUIREMENTS/APPROVALS
DUE DATE
Auctioneer
--
March 31
Beauty Salon/Barber Shop
Health
March 31
Buskers
--
March 31
Contractors
Insurance
March 31
Convenience Stores
Health
March 31
Driving Schools
Insurance
March 31
Farmers'Market - Stationary
Fire, Health
March 31
Food Shop
Fire, Health
March 31
Food Truck
Fire, Health, Insurance, Driver's
Licence
March 31
Laundrette/Dry Cleaner
Fire, Plumbing
March 31
Mobile Business
Health
March 31
Motor Vehicle Facility
Fire
March 31
Nightclub
Fire, Health
March 31
Old Gold Shop
--
March 31
Payday Loan Establishment
Police Record Check, Insurance,
Proof of current and valid licence as a
lender or loan broker under the
Payday Loans Act, 2008
March 31
Pet Care Establishment
Humane Society
March 31
Pet Shop
--
March 31
Place of Amusement
Fire, Insurance
March 31
Public Halls
Fire
March 31
Refreshment Vehicles
Fire, Health
March 31
Street Vendor
Health, Insurance
March 31
Theatre
Fire, Health
March 31
KITCHENER 599.70 OCTOBER 2019