The URL can be used to link to this page

Home My WebLink AboutCOR-2022-203 - Business Licensing 3-Year Review & Housekeeping Amendments'Staff Report 1�, R Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: May 16, 2022 SUBMITTED BY: Amanda Fusco, Director, Legislated Services/City Clerk, 519-741-2200 ext. 7809 PREPARED BY: Helen Fylactou, Manager, Licensing, 519-741-2200 ext. 7854 WARD(S) INVOLVED: All DATE OF REPORT: April 1, 2022 REPORT NO.: COR -2022-203 SUBJECT: Business Licensing 3 -Year Review & Housekeeping Amendments RECOMMENDATION: That the Business Licensing By-law 2017-139 of the City of Kitchener Municipal Code be amended to include the proposed changes as outlined in Corporate Service report COR - 2022 -203 and Attachment "C"; and That the fees set out in Attachment "A" effective June 1, 2022, be approved; and That the 2022 User Fee Schedule be amended to include the fees set out in Attachment «A„ REPORT HIGHLIGHTS: • A business survey was conducted to ensure the Business Licensing By-law was still meeting the needs of the business community. • Minor Housekeeping amendments include; spelling adjustments and definition clarity, a need for new categories for new businesses or businesses that don't fit into existing categories, fee adjustment for certain business categories and a review of inspection requirements to ensure that businesses are receiving the most efficient customer experience. BACKGROUND: In 2017 staff completed a comprehensive review of all business licensing by-laws. The review was completed with a focus on consumer protection, health and safety, and nuisance control. The review was completed to ensure that the By-law, the fees, and the processes reflected a customer -experience focused approach to business licensing to support neighbourhoods, community organizations, and the business community while still protecting the public. Council approved the Business Licensing By-law that was put into effect in 2018. As part of the report, staff committed to completing a review after 3 years of the By-law being in force and effect. As part of the review, staff evaluated the cost -recovery fees, business categories, and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 17 of 149 inspections requirements, to confirm they are fair and accurate, and still meet the needs of the community. REPORT: Annually, Licensing Services administers approximately 2,500 business licences. As the City continues to grow and change, staff need to ensure that the by-laws and associated processes meet the needs of the community and are customer focused. Licensing Services has been monitoring comments received from our business community, tracking emerging trends, and continuously examines how our Business Licensing By-law fits with the need to support businesses. An important component of our review was to ensure that we considered the customer experience. Over the last 3 -years, staff have been tracking any comments, questions, and suggestions. In addition, we have been watching trends and changes in the business licensing community. Through stakeholder engagement and collaboration, Licensing Services staff has incorporated the diverse voices and perspectives of our community within the proposed by-law and fees. The main areas of focus arising from the comments are outlined in Table 1 below: Table 1 What We Heard What We Are Doing What It Achieves • Fees for Farmers' Created a new category Getting buy -in from Market vendors is too for Farmers' Vendors Market staff high specifically with a • More attractive for reduced fee potential vendors • A regulations & fee more aligned with the specific needs for a Farmers' Market Vendors • Submit applications and Working with TIS to • Quick and easy way for payment online adapt the licensing businesses to apply system, AMANDA, • Credit Card payment public portal to include option business licensing • Estimate go -live date is 2022 • Lack of suitable Created a new category Supports new types of category for vendors for commercial kitchens business at a reduced cost renting kitchens for and vendors to the vendors temporary use • Reduction in the types of inspections • Confusion about what Updated the wording in • Added clarity for a better category a business the definitions, such as understanding for our may fall into adding retail to customers permanent vendors Page 18 of 149 Since 2018 when the By-law into effect, Licensing Services has received positive feedback on the new program. The areas of improvement that were implemented with the new program included consolidation of chapters to minimize the amount of multi -licensed business, eliminate chapters, create new categories, create a cost -recovery program, continue to emphasize customer service, and improvement to the application process. Although we received generally positive feedback, Licensing Services further identified some improvements could be made to continue to support business, and the City's ability to ensure public safety, consumer protection, and nuisance control while also reducing barriers for businesses. The areas of improvement that have been noted as a result of stakeholder engagement and the survey include: clarity around categories, reduce inspections for vendors within a licensed business, and fees for businesses testing the market. The goals of the 3 -year review are: • Connect with the business community to ensure we meet the needs of the current landscape; • Identify any gaps in the licensing program; and • Where possible, further streamline process. Based on best practices, research, municipal comparators, and stakeholder feedback, the proposed changes to the Business Licensing By-law include minor housekeeping amendments, such as definition changes, creation of new classes, and addition of new fees. Key Changes: 1. Housekeeping Amendments Staff have made corrections to any spacing, numbering, or spelling errors throughout the By- law. In addition, staff has proposed changes to some of the definitions namely, the addition of new classes of licence, changes to the existing classes, and to add clarity based on feedback heard from both internal and external stakeholders. The changes to the definitions are outlined below in Table 2. NORMA OLD DEFINITION NEW DEFINITION REASON N/A "commercial kitchen" New Category Added to the means a shared -use, By-law commissary, or incubator kitchen that are licensed spaces where chefs, bakers, caterers, and other culinary professionals can prepare their goods. N/A "commercial kitchen New Category Added to the vendor" means the By-law business that rents or operates out of a Page 19 of 149 Page 20 of 149 Commercial Kitchen for the purpose of preparing their goods and may include chefs, bakers, caterers, and other culinary professionals. N/A "farmers' market vendor" Update to Farmers' Market means a Person or group of Schedule Persons who operate a stall at a Farmers Market or Flea Market. "food shop" means a "food shop" means a Added grocery store to Business where food Business where food examples based on common products intended for human products intended for questions asked by applicants consumption are made for human consumption are sale, offered for sale, stored, made for sale, offered for or prepared, but does not sale, stored, or prepared, include the selling of only but does not include the bottled or canned beverages, selling of only bottled or meat in an airtight package, canned beverages, meat in or pre-packaged candies an airtight package, or pre - other than those required to packaged candies other be frozen, and includes, but than those required to be is not limited to, a bake shop, frozen, and includes, but is or restaurant not limited to, a bake shop, grocery store or restaurant "motor vehicle" means an "motor vehicle" means an Added motorhome, watercraft, automobile, motorcycle, automobile, motorcycle, and boats to examples based truck, trailer, or motor- motorhome, truck, trailer, on common questions asked assisted bicycle unless or motor -assisted bicycle, by applicants otherwise indicated in this and may include Chapter and any other watercrafts and boats, vehicle propelled or driven unless otherwise indicated otherwise than by muscular in this Chapter and any power but does not include other vehicle propelled or a street car or other motor driven otherwise than by vehicle running only upon muscular power but does rails or a motorized snow not include a street car or vehicle, traction engine, other motor vehicle running farm tractor, self-propelled only upon rails or a implement of husbandry, or motorized snow vehicle, road cleaning or road traction engine, farm tractor, building machine. self-propelled implement of husbandry, or road cleaning or road building machine. Police Record Check Criminal Record and Updated to match new the Judicial Matters Check formal title Page 20 of 149 "refreshment vehicle - "refreshment vehicle - Gap identified, was missing Class "C" means a Class "C" means a category for hitched trailers. Refreshment Vehicle that Refreshment Vehicle that is a motorized vehicle or a is a motorized vehicle or a trailer that is hitched to a trailer that is hitched to a motorized vehicle that is motorized vehicle that is moved from place to place moved from place to place and that offers for sale and that offers for sale only pre-packaged foods, only pre-packaged foods, pre -bottled beverages, or pre -bottled beverages, or ice confectioneries for ice confectioneries for human consumption, and human consumption, and may include food warming may include food warming equipment. equipment. "special event" means any "special event" means a Adding clarity. community, social, or one-time or infrequent cultural group celebration occurring event outside including a ceremony, street normal programs or party, beer garden, festival, activities such as any carnival, circus, midway, community, social, or exhibition, or outdoor cultural group celebration concert, but does not include including a ceremony, street a parade, wedding, funeral party, beer garden, festival, procession, picketing, trade carnival, circus, midway, show, or film event under exhibition, or outdoor permit. concert, but does not include a parade, wedding, funeral procession, picketing, trade show, or film event under permit. 2. Creation of New Classes of Licence Staff is aware of unlicensed businesses operating in Kitchener for which there is currently no specific class of licence that captures the activity. Based on conversations with operators of the business types, and City staff involved with these businesses, staff recommends the addition of new categories of business licences. It should be noted that if a type of business does not require a licence, that business is not prohibited, but rather it is unregulated. In addition, the public consultation and targeted stakeholder engagement revealed the by-laws were especially difficult for businesses or vendors that didn't operate 7 days a week, 365 days a year, more specifically commercial kitchen vendors and farmers' market vendors. To that end, staff has created categories to help eliminate some of the confusion for business owners, reduce inspections and requirements, and created fees specific to these classes. Page 21 of 149 In order to protect the public interest as it pertains to health and safety, consumer protection, and nuisance control staff recommends that new categories of business licences be added to fill the current gaps as follows: Business Category Explanation Farmers' Market Vendor Vendors operating at the Kitchener Market. Currently they pay the same fee and have the same requirements as a stationary food shop. Adjustment was made to the category to reduce the inspections, requirements, and fees. Commercial Kitchen & Commercial Kitchen Growing popularity in these types of businesses. Vendor Renting out a kitchen to vendors, catering companies, or businesses not requiring a full-time kitchen. Created a category that better fit the business model and allowed for us to reduce inspections per vendor. These new categories were created in consultation with stakeholders including the staff from the Kitchener Market, and comments from businesses. The addition of these categories is a benefit to the public because it appropriately licenses and regulates businesses that previously were inappropriately licensed or unlicensed entirely. These new categories, reflected in Attachment "C" will now better enable compliance by educating the applicant on the requirements/regulations and to allow for inspections to take place with greater clarity. 3. Revision to Food Truck Schedule Over the past 2 years, Licensing Staff have executed a pilot project which allows food trucks to operate in residential zones during the summer season. The project was part of our efforts to support businesses during the COVID-19 pandemic. Staff recommended a pilot project to allow food trucks to operate in more locations including residential zones, which was approved by Council. Annually there are approximately 37 food trucks that are licensed and operate in Kitchener. The project was successful and did not receive any complaints or have any concerns raised as a result of permitting food trucks to operate in residential zones since 2020. In fact, staff heard gratitude from the food truck operators for including their businesses in the support we offered to the community. The desirability of this type of operation is evidenced by the fact that residents often inquire if food trucks can be hired for operation at a personal home or neighbourhood event. Food truck operators have requested to operate near residential areas including parks, schools, and high- density neighbourhoods. Areas where they speculate they will have the most exposure and pass -by traffic. As this has been positive experience for both the food trucks and the community, staff are proposing this as a permanent option in the Business Licensing By-law. Page 22 of 149 In order to ensure public health and safety, nuisance control, and consumer protection, staff have added additional conditions and permitted dates of food truck operation in residential zones, which includes the months of July and August. The conditions include: a. the Food Truck must have a valid City of Kitchener Business Licence; b. may only operate between the months of July 1 to September 1, and may be extended by the Manager of Licensing; c. may only operate between the times Monday to Friday, 4:30pm — 8:OOpm, and Saturday and Sunday, 11:00am — 8:OOpm d. Parking in one location has a 3 -hour maximum including any setting up, and then must move to a different street; e. Operator must ensure that any line-ups are on the sidewalk or boulevard; f. Operator must ensure that no waste is left behind; g. No Food Truck will permit horns, flashing lights, or amplified sound/music; h. Must be located in a legal parking spot; i. Cannot be operating within 200 metres of a licensed Food Shop; j. Cannot be operating within 500 metres of another Food Truck; and k. Cannot operate on a Regional Road. Any violation of any of the conditions listed above, the Business Licensing By-law, or another Municipal By-law will result in revocation of permission by the Manager of Licensing to operate in residential zones. Food trucks are required to continue to comply with all other regulations in the Business Licensing By-law. 4. Online Business Licensing Staff conducted an Engage Waterloo Region (Engage WR) survey in which staff asked licensed businesses to comment on the current business licensing program. The most frequent comment that we received from the community, and which we also hear during our annual renewal time, is the need for an online business licensing option. Businesses have been asking for a streamlined application process by allowing the submission and payment of applications (new and renewal) online and to be paid by credit card. Staff have been working with both internal and external stakeholders on an online platform in which businesses can submit their application and pay online. Initial testing of the program has begun, and it is projected to go -live later this year. 5. Fees Throughout the 3 -year review, staff have continued to look at licensing fees to ensure that they are fair and rationale. The City of Kitchener fees follow a cost -recovery model based on the administration, inspections, and enforcement of the business licensing program. The fee review program involved multiple City departments including Planning, Building, Fire Prevention, and By-law Enforcement. Although staff heard through the survey that fees could be reduced, Licensing staff believes the cost -recovery model remains appropriate because it is consistent with other municipalities and aligns with the City's general view that those who benefit should pay for the service and that such service should not be subsidized. The City of Kitchener still has some of the lowest fees from the neighbouring municipalities and recommends continuing to support businesses by Page 23 of 149 keeping fee as is. Thus, staff recommends the fees associated with the business licensing program use a cost -recovery model for new, renewal, and late fees. Staff are recommending adding additional fees for the new business licensing categories and adding an additional fee for the pop-up shops to allow for businesses the market for a short -time to pay a reduce fee. 6. Stakeholder Engagement Throughout the 3 -years since implementation, Licensing Services staff have been tracking themes, comments, and questions from business owners, community groups, and other stakeholder groups. As part of the process, staff reviewed the comments, and where necessary, made the adjustments within the By-law. The comments received included a need for more information for first-time applicants, clarity within definitions, and an easier application process. One of the themes was around creating samples and toolkits for first-time applicants, and as such staff will be creating toolkits which will be easily available online, and through the Small Business Centre. In addition, a survey was created to solicit input from licensed businesses. The survey ran on the EngageWR platform for 2 weeks in March. It was also sent directly to all licensed businesses and was advertised at the in-person customer service desks. The survey was emailed to approximately 2,200 businesses, was viewed by 307, and had engagement by 177 participants. Some of the highlights from the survey include: • A majority of participants (approx. 77%) that the existing requirements are easy to understand. • A majority of participants (approx. 71%) believe the existing requirements and inspections are appropriate. • A majority of participants (approx. 76%) found it easy to understand what licence they required. • A majority of participants suggested the main area of improvement was to provide an option for applying and paying online. • Comments made around length of time to get inspections. • Comments made about cost of fees for certain types of businesses. A summary of the survey responses is included as Attachment "B". The proposed amendments to the Business Licensing By-law are included as Attachment "C". STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services and the Corporate Strategic Plan goal of building a vibrant economy. FINANCIAL IMPLICATIONS: Staff is proposing to maintain all the approved fees except for 1 category, pop-up shops, and adding new fees for the proposed new categories of Farmers' Market Vendor, Farmers' Market — Pop-up Vendor, Commercial Kitchen, and Commercial Kitchen - Vendor. The proposed fees are included as Attachment "A". Page 24 of 149 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — A survey was sent to all current licensed business in the City of Kitchener. The survey was sent directly to licensed businesses via email, was available on our website, and available in-person. Through the EngageWR survey, staff asked the following questions: • In the last 3 years, what type of business licence(s) have you applied for? • What was difficult or challenging? • Do you agree or disagree with the following statements? o Requirements are easy to understand o Requirements and inspections are appropriate o Easy to understand what type of licence I need o Business categories meet the current business landscape • Have we missed any categories of business? What types of business should we include? • Do you agree or disagree with the following statements about the process to apply? o Process is clear o Easy to apply or renew o Wait time between applying or renewing is acceptable o Cost to apply for or renew a licence is reasonable o Fees are fair • What worked well the last time you applied or renewed a business licence? • What was difficult or challenging? • How might we improve the business licensing bylaws and application process? A summary of the results and general comments from the survey have been provided as Attachment "B". COLLABORATE — Throughout the review of the Business Licensing By-law, staff has reached out to several internal stakeholder groups including Building Division, By-law Enforcement, Economic Development, Farmers' Market, Fire Prevention, Licensing staff, and Planning to incorporate suggestions to help streamline processes, to adjust fees, and to add clarity for business owners and applicants. PREVIOUS REPORTS/AUTHORITIES: FCS -14-149 - Comprehensive Business Licence Review APPROVED BY: Dan Chapman, Chief Administrative Officer ATTACHMENTS: Attachment A — New Fees Attachment B — Business Licensing Survey Attachment C — Business Licensing By-law Page 25 of 149 Attachment "A" Proposed Fees Category Old Fee New Fee Renewal Fee Farmers' Market — Pop-up Vendor (up to 12 days) $125 $50 n/a Farmers' Market — Vendor $200 $75 $75 Commercial Kitchen N/A $316 $204 Commercial Kitchen — Vendor N/A $125 $125 Pop -Up Shop (250 days) $125 No change N/A Pop-up Shop (1 - 7 days) $125 $75 N/A Page 26 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Q1 In the last 3 years, what types of business licences have you applied for? (check all that apply) 40 37 33 35 �5 30 i ll i 25 � 122 20 15 12 Question options 26 40 Beauty Salon/Barber Shop 40 Busker 40 Contractor 40 Convenience Store 40 Driving Schools 10 Farmers' Markets (stationary or pop-up) 10 Food Shop 10 Food Truck 10 Mobile Business 10 Motor Vehicle Facility Nightclub 49 Pet Care Establishment 19 Pet Shop 19 Permanent Vendor 10 Place of Amusement Pop-up Shop 19 Public Halls 40 Refreshment Vehicles 0 Special Events 40 Street Vendor Temporary Vendor 40 Other (please describe) 40 Auctioneer 40 Laundrette 40 Old Gold 10 Payday Loan Establishment 10 Theatres Optional question (176 response(s), 1 skipped) Question type: Checkbox Question Page 2 of 63 Page 27 of 149 �5 i ll i � Question options 26 40 Beauty Salon/Barber Shop 40 Busker 40 Contractor 40 Convenience Store 40 Driving Schools 10 Farmers' Markets (stationary or pop-up) 10 Food Shop 10 Food Truck 10 Mobile Business 10 Motor Vehicle Facility Nightclub 49 Pet Care Establishment 19 Pet Shop 19 Permanent Vendor 10 Place of Amusement Pop-up Shop 19 Public Halls 40 Refreshment Vehicles 0 Special Events 40 Street Vendor Temporary Vendor 40 Other (please describe) 40 Auctioneer 40 Laundrette 40 Old Gold 10 Payday Loan Establishment 10 Theatres Optional question (176 response(s), 1 skipped) Question type: Checkbox Question Page 2 of 63 Page 27 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Q2 How much do you agree or disagree with these statements about the business licensing by-laws? The requirements for a business license are e... The requirements and inspections for a busine... It is easy to understand what type of busines... The business categories are comprehensive and... 50 100 150 200 Optional question (177 response(s), 0 skipped) Question type: Likert Question Page 3 of 63 Question options Definitely disagree Somewhat disagree Neither agree nor disagree Somewhat agree Definitely agree Page 28 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 02 How much do you agree or disagree with these statements about the business licensing by-laws? The requirements for a business license are easy to understand Definitely disagree : 19 Definitely agree : 66 10 20 30 50 60 Page 4 of 63 Page 29 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 The requirements and inspections for a business license are appropriate Definitely disagree : 20 Definitely agree : 65 10 20 30 40 50 60 Page 6 of 63 Page 30 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 It is easy to understand what type of business license I need Definitely disagree : 18 Definitely agree : 74 Page 7 of 63 10 20 30 40 50 60 70 Page 31 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 The business categories are comprehensive and match the current business landscape Definitely disagree : 17 Definitely agree : 58 KI 5 10 15 20 25 30 35 40 45 50 55 60 Page 8 of 63 Page 32 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Q4 How much do you agree or disagree with these statements about the process to apply for a business licence or renew a business licence? The process to apply for or renew a business15 21 18 53 70 ... ML It is easy to apply for or loin renew a business I... I in The wait time between applying or renewing 15 13 I an... a N lop The cost to apply for or 36 22 renew a business lic... k� The fees are fair 28 50 100 150 200 Optional question (177 response(s), 0 skipped) Question type: Likert Question Page 14 of 63 Question options Definitely disagree Somewhat disagree Neither agree nor disagree Somewhat agree Definitely agree Page 33 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 04 How much do you agree or disagree with these statements about the process to apply for a business licence or renew a business licence? The process to apply for or renew a business license is clear Definitely disagree : 15 Somewhat disagree : 21 Neither agree nor disagree : 18 Somewhat agree : 53 Definitely agree : 70 10 20 30 40 50 60 Page 15 of 63 Page 34 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 It is easy to apply for or renew a business license Definitely disagree : 16 Somewhat disagree : 28 Neither agree nor disagree : 17 Somewhat agree : 46 Definitely agree : 70 Page 17 of 63 10 20 30 40 50 60 70 80 Page 35 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 The wait time between applying or renewing and receiving approval is acceptable Definitely disagree : 15 Definitely agree : 74 Page 18 of 63 10 20 30 40 50 60 70 Page 36 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 The cost to apply for or renew a business license is reasonable Definitely agree : 51 Page 19 of 63 10 15 20 25 30 35 40 45 50 55 Page 37 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 The fees are fair Definitel disa ree • 37 Y g Somewhat disagree : 25 Neither agree nor disagree : 26 Somewhat agree : 39 Definitely agree : 50 10 15 20 25 30 35 40 45 50 55 Q5 Think back to the last time you applied for a business licence or renewed your licence. What worked well? Page 20 of 63 Page 38 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous It was easy, even with covid, I mistakenly didn't make an 3/08/2022 02:49 PM appointment, the staff quickly pivoted and took good care of me. I was in and out in minutes. Anonymous Fast communication 3/08/2022 02:49 PM Anonymous Yes very easy. 3/08/2022 02:52 P-^" Anonymous applying and renewing are so different - renewing is simple and easy 3/08/2022 02:58 PM - applying is a lot more time intense and requires a lot more Anonymous comprehension the above needs to be separate questions as I would 3/08/2022 03:12 PM answer different on a renewal as apposed to a new license Anonymous You asked for email address the last time for future renewals. They 3/08/2022 02 came by mail again this year Anonymous Nothing worked well, it was hard time submitting the application plus 3/08/2022 03:03 PM fees are very much increased increased Anonymous Very straight forward and easy to understand 3/08/2022 03:09 PM Anonymous Yes 3/08/2022 03:10 PM Anonymous everything 3/08/2022 03:12 PM Anonymous Nothing remarkable 3/08/2022 03:12 PM Anonymous All 3/08/2022 03:14 F'' Anonymous Yes, it's easy if you have access to the internet and know how to 3/08/2022 03:18 PM apply. Or receive the paper copy. Page 21 of 63 Page 39 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Staff were helpful 3/08/2022 03:27 PM Anonymous for renewal, should be online and payment also should be online. 3/08/2022 03:31 PM First time should be submitting complete application and all verifications etc. Anonymous Mail or meet in person 3/08/2022 03:43 PM Anonymous submitting everything on line. 3/08/2022 03:43 PM Anonymous That I could send all documents via email. 3/08/2022 03:54 PM Anonymous Online application 3/08/2022 03:55 PM Anonymous In person staff are helpful but one 3/08/2022 03:59 PM Anonymous Knowledgeable staff 3/08/2022 04:04 PM Anonymous Fairly simple. 3/08/2022 04:04 PM Anonymous Having the drop box Anonymous Was not interaction, notice of fees being due, paid. No further 3/08/2022 64.23 PM communication was had Anonymous Other than required inspections if any required for a business, all is just rip off! It wasn't like that before but City hired management off the streets who have no idea of regulations, management or services! Anonymous Nothing. 3/08/2022 04:35 PM Page 22 of 63 Page 40 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous It was quick and painless Anonymous I didn't have an issue. I would love to have an option for full online 3/08/2022 05:21 PM payment instead of mailing it in. Its 2022, nobody mails in stuff anymore. Pay via credit card online or etransfer would be fantastic Anonymous Apri12021- fireworks 3/08/2022 05:31 PM Anonymous Application is processed faster . 3/08/2022 05:55 F Anonymous nothing 3/08/2022 06:03 PM Anonymous The people who work for the City are very helpful so when I asked 3/08/2022 06:13 PM questions, I was able to get the support and answers I needed - that was great! Anonymous The websites and applications were good 3,'08/2022 06:15 PM Anonymous No comment as I believe a yearly renewal should not be necessary. 3/08/2022 07:01 PM Anonymous every thing 3/08/2022 07:49 PM Anonymous Communication with city staff was not overly difficult, there's been 3/08/2022 09:34 PM reasonable contact timeframes even if the timing to receive the licence itself was not Anonymous Getting a renewal notice in mail is helpful. 3/08/2022 09:52 PM Anonymous Doing it on line 3/08/2022 10:13 PM Page 23 of 63 Page 41 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Last year was easier that we didn't have to wait for inspection. As an 3/08/2022 10: educator and trainer in the Infection control field I found that and the Health inspectors don't have a knowledge about the services we are doing and they have no idea what to inspect. I feel like they are not doing proper job because they just have a general knowledge but not the one for specific services. So it's very frustrating to depend on and wait for their signuture and more frustrating to be judged by someone who does't understand the inside of the treatments. Anonymous A mailed renewal notice at renewal time. 3/09/2022 07:14 AM Anonymous Getting an extension to be honest. 3/09/2022 07:56 AM Anonymous Nothing 3/09/2022 08:10 AM Anonymous For renewing a business licence, the process is quite easy with quick response times. There isn't really anything I would change. Anonymous The information to determine what license I needed and what 3/09/2022 08:19 AM inspections were required was easy to find Anonymous I was completing a business license for a pop-up community market 3/OOr2022 08:b'j AM and licensing staff were very good at answering my questons, and helping me through the process. Anonymous It was quick and easy to understand 3/09/2022 09:52 AM Anonymous It is good to have a license to work with 3/09/2022 10:02 AM Anonymous payment 3/09,2022 10:26 AM Anonymous process was easy 3/09/2022 10:46 AM Page 24 of 63 Page 42 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous They were very speedy when we found out at the last minute that we 3/09/2022 11:02 APA needed a license, and it was appreciated Anonymous The people that work in the office are great. I understand the last couple of years have been a stress on everyone. They have risen above. Anonymous receiving the renewal by mail. Anonymous I would prefer if there was an option to make payments online. 3/09/2022 11:48 AM Currently I have to drop a cheque off at City Hall and it would be quicker if everything could be completed online. Anonymous The system is not great. Your methods of receiving payment do not 3/09/2022 11:54 AM match the times. You need to offer an online MOP to your customers... making them come into city hall to renew a license is a time suck and even there you MOP are not great. Anonymous I was informed that my licence was expiring and that I needed to 3/09/2022 12:26 PM renew. Anonymous Renewing is not the issue. The business license application itself is 3/09/2022 12:40 PM easy. It's the issue of inspectors doing everything in their power to make it as long and drawn out as possible for a small business to get their license so they can start making money. The money wasted in the process is unbelievable, and any and all small business owners would agree they feel like it's a battle to get started. It would be in the city/regions best interest to work with and to advocate for small business owners. Realistically, and best practice would be for the city to waive fees (to be paid after opening), and to employ 2-3 advocate inspectors to assist in meeting the requirements set forth by the current inspector. It converts an "us" versus "them" scenario into a joint process for the betterment of the local economy. Anonymous the ease in submitting renewal 3/09/2022 12:56 PM Anonymous The process was easy and the staff helpful. 3/09/2022 01:22 PM Page 25 of 63 Page 43 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Everything totally easy 3/09/2022 01:31 PM Anonymous Online 3/09/2022 02:29 PM application process was easy Anonymous Your staff was amazing and easy to Deal with 3/09/2022 02:33 PM It was easy and straightforward. Anonymous It was renewed 3/09/2022 03:16 PM Anonymous Clear and timely communication. 3/09/2022 04:08 PM Anonymous Online information. Also, the city staff was very helpful 3/09/2022 05:13 PM Anonymous Length of time to complete and submit paperwork 3/09/2022 06:27 PM Anonymous The staff were very accommodating and very helpful. 3/09/2022 06:43 PM Anonymous I was used to the process, and sending it over online was nice. 38 AM Anonymous Was very time consuming and a lot extra running around which other 3/10/2022 09:18 AM cities do not require Anonymous Efficient 3/10/2022 09:22 AM Anonymous Apply itself worked well and was relatively easy. Anonymous application process was easy /IU/2022 l0A4 AM Anonymous It was easy and straightforward. 3/10/2022 10:18 AM Page 26 of 63 Page 44 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Talking with an agent s, � 3/2022 11:14 AM Anonymous The renewal did not require a notorized signature. Payment can be 3/10/2022 11:39 AM received online. Application can be mailed instead of attending in person. Anonymous We had no problems �, :49 AM Anonymous I appreciate the reminder in the mail. 3/10/2v2t u4:00 PM Anonymous receiving a reminder notification letter 3/10/2022 04:23 PM licence. The process was good for applying. Anonymous Online application form was easy to complete. 3/10/2022 04:24 PM Anonymous Paid a late fee which was later reimbursed. Anonymous receiving the renewal notice in the mail Anonymous The convenience of being able to do it online. 3/11/2022 10:04 AM Anonymous We got a liscense, so we could complete 3/11/2022 10:42 AM Anonymous That is fine. During CoVID - 19, 1 applied the renewal business ?/1, ' 11:39 AM licence. The process was good for applying. Anonymous Telephone communication was clear. 3/11/2022 02:09 PM Anonymous Communication from the City was clear. 3/11/2022 05:56 PM Page 27 of 63 Page 45 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous The process is simple and straightforward 3/12/2022 03:39 PPA Anonymous Everything 3/13/2022 01:12 PM Anonymous The access to office is easy 3/13/2022 05:46 PM Anonymous Every stage worked well 3/13/2022 07:41 PM Anonymous That I was able to phone in and speak a live person to have all my 3/14/2022 04:13 PM questions answered right away. Anonymous I dropped it off in a box, with payment and received it in the mail. 3/14/2022 11:54 PM Anonymous Super easy process. Staff helpful and able to answer any questions. 3/17x- 2 09:23 AM Anonymous Good service. Friendly people. Easy and clear. 3/17/2022 08:01 PM Anonymous before Covid- everything was fine.Now its more time consuming 3/22,2022 08:23 AM Anonymous Yes but not received renewal 3/23/2022 05:04 PM Anonymous Quickly 3/25/2022 01:22 PM Anonymous Last year - gave her contact to someone that took it to city hall for her Anonymous Renewing a business license was very easy at city hall. Elizabeth aLc Lj„c 0; was very helpful andq quick In renewing it. Anonymous Applied online and Margaret called back quickly to inform her that she Page 28 of 63 Page 46 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 3/26/2022 09:34 AM completed the wrong license and got it fixed quickly. Process was fast maybe only 2 or 3 weeks from start to finish Anonymous Not having to have the backflow valve tested every renewal. 3/27/2022 07:02 PM Anonymous everything 3/27/2022 10:50 PM Optional question (100 response(s), 77 skipped) Question type: Essay Question Q6 What was difficult or challenging? Anonymous No 3/08/2022 02:49 F,�, Anonymous None 3/08/2022 02:49 PM Anonymous Answering the questions. 3/08/2022 02:51 PM Anonymous No 3/08/2022 02:52 PM Anonymous Getting a clear understanding of what qualifies for a business license 3/08/2022 02:54 PM and making sure all city employees understand and adhere to these standards. Anonymous License for former location was still on file and I was sent renewal 3/08/2022 02:56 PM notification for it. I had to contact license department through email and was a little more difficult due to Covidl9 restrictions but was resolved.Also we filled out a form to have renewal sent to one email and the city sent the email as well as a single renewal notice mailed to one of 4 owners which was strange and confusing. Anonymous finding out what type of license is needed for the business as it it is TOR'21'122 02:58 PM not a black and white description then it is left to interpretations Page 29 of 63 Page 47 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Having to pay for this license in 2020 and 2021. We had only 2 of our 3/08,121?'1 ^1:59 PM own events that required a bar in those 2 years and one rental. Anonymous submitting the application and getting the license on time. 3/08/2022 03:03 PM Anonymous Every township has its own slightly different requirements, and as a mobile business that has to be licensed in multiple areas, it's very hard to navigate each application process. I also feel that mobile businesses should not have to pay each jurisdiction individually. Anonymous Nothing 3/08/2022 03:09 PM Anonymous Challenging 3/08/2022 03:10 PM Anonymous nothing 1 Anonymous Paying. You should accept etransfers 3/08/2022 03:12 PM Anonymous None 3/08/2022 03:14 PM Anonymous gain, going after one business for multiple licenses/fees etc. 3/08/2022 03:17 PM Anonymous It was difficult because I lost the update form. I wish there was an 3/08/2022 03:18 PM option to pay online without booking an appointment. Anonymous Didn't know I needed one. 3/08/2022 03:27 PM Anonymous Licensing renewal should be clear and online and pay through credit 3/08/2022 03:31 PM card and done. instead of mailing and issuing payment and then wait for the renewed license. Anonymous 1. No online renew option 2. No mention of what the cheque is Page 30 of 63 Page 48 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 3/08/2022 03:35 PM payable to in renewal notice Anonymous I thought it was ridiculous I had to get one during covid considering 3/08/2022 03:37 PM how often I was shut down Anonymous Filling out the survey 3/08/2022 03:43 PM Anonymous learning the paperwork.... it was our first time applying. Still don't know 3/08/2022 03:43 PM if I get a notice from the City to renew or if I have to remember.... because I won't remember when I need to renew. Anonymous knowing what is needed for what AND WHY 3/08/2022 03:45 Ph Anonymous That I am lumped under'adult massage parlour' licenses and I am 3/08/2022 03:54 PM offended at having to prove every year that I am a professional educated certified Reflexologist etc. , instead of an adult massage parlour owner. It's disrespectful. I have been asking to have this changed for many years now, and nothing has been done. It keeps me from going to a clients home to provide them with the needed health care. I am restricted to one office only, and that is not fair to me or the clients with mobility issues. Anonymous Each department does not know what the other dept does ... all staff 3/08/2022 03:59 PM involved with licensing should have a basic understating so they can guide new business owners to complete all documentation needed to obtain the license. Anonymous When I applied I felt as though I was supposed to know what I was 3/08/2022 04:02 PM doing, not extremely clear. Anonymous Process at times not clear 3/08/2022 04:04 PM Anonymous Would prefer to receive correspondence by email. A-nA c" Anonymous You should accept credit cards for paying to the license /08/2022 04:21 PM Page 31 of 63 Page 49 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous N/A Anonymous No online process, just bureaucracy! Anonymous Understanding why the City of Kitchener instituted an unnecessary, 3/08/2022 04:35 PM unfair and inequitable money grab. Anonymous Nothing 3/08/2022 04:38 PV Anonymous The entire process involved way too many separate departments and 3,'08/2022 05:11 PM approvals. We've participated in at least seven other farmers' markets and they are all much simpler. And the market fee is about the highest we've seen. Anonymous Have been in business at the same location for over 40 years, and 3/08/2022 05:20 PM was just contacted last year that we need to be licensed. It does not seem necessary. Anonymous Mailing in my slip 3/08/2022 05:21 PM Anonymous Not much difficult compare to other cities 3/08/2022 05:55 PM Anonymous why i need to have a business licence in the city of kitchener when i no longer live there but i do service work there so your people argue saying because i started a business in kitchener i need to renew it yearly if i dont renew it i am unable to do work in kitchener. Anonymous When you do something for the first time, you don't know what you 3/08/2022 06:13 PM don't know! So although in #5 above I said the people at the City were super helpful when I asked questions, that only works when you actually know what questions to ask! Anonymous Finding the type of license I needed. '06:15 PM Page 32 of 63 Page 50 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous No comment as I believe a yearly renewal should not be necessary. 3/08/2022 07:01 PM Anonymous almost nothing 3/08/2022 07:49 PM Anonymous The fees were sort of difficult to maintain, the time you had to wait 34 PM was kind of ridiculous. Anonymous Getting a fire inspection on renewal when all is still the same. 3/08/2022 09:52 PM Anonymous Not doing it on line 3/08/2022 10:13 PM Anonymous Understanding why 3/08/2022 10, Anonymous I would prefer paying in person instead dropping cheque in the mail 3/08/2022 10:42 PM box. Anonymous who has time to find a parking spot downtown to drop a payment 3/09/2022 07:. - AM Anonymous Took forever for them to cash the cheque. 3/09,2022 07:66 AM Anonymous Getting payment to them and the long length of time it took for them 3/09/2022 08:10 AM to cash my check. They need to reopen city hall Anonymous Initial application for licensing is paper intensive with all of the various 3/09/2022 08:13 AM requirements. I understand the need for all of the information, but it does make it time consuming. Anonymous It was extremely annoying that there was no option to pay online. 3/09/2022 08:19 AM Having to physically go and drop off a letter at city hall is awful. I already have a busy schedule and I would be very happy if there was a way to apply and pay online Page 33 of 63 Page 51 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Connecting with Public Health and arranging inspections was a bit of 3/09/2022 08:59 AM a pain, even if necessary. Anonymous Nothing 3/09/2022 09:52 AM Anonymous Some people don't want to give work if no license Anonymous Anonymous did not know I had not renewed in years 3/09/2022 10:46 AM Anonymous Wasn't aware that we needed a license to have a special event at 3/09/2022 11:02 AM licensed venue like the Farmers Market, so when I found out I was scrambling. Previously we have had assistance at various stages for our special event from the city of Kitchener liaison person. This year that didn't happen, despite and events of several thousand people, so there were big gaps for us and we found out about some things at the last minute. Also, it seems that the City generally charges the full rate for nonprofits unless they're a registered charity, and the city ought to consider nonprofits the same has registered Charities for this purpose. Anonymous 3/09/2022 11:15 AM Cost and timelines. Anonymous COVID really sucked. I have not paid for last years business license -,/2022 11:54 AM yet, not because I didn't want to but because there was limited options for doing so. I would imagine, I will be paying for last year and this year together. Sigh! Anonymous I think the form just needs a redesign. It's a bit old-timey, fine-printy 3/09/2022 12:26 PM and doesn't jive with the new online form era of things being clearly laid out and you are prompted through each step. Anonymous 3/09/2022 12:30 PM Page 34 of 63 fire inspection Page 52 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Please see above. (To add.... there are no resources for the small 3/09/2022 12:40 PPA business owner to go to get help .... hence, the city advocates who assist in meeting code requirements, with a wealth of knowledge and access to resources. Anonymous Why the need in our case for a public hall and a food shop license as 3/09/2022 12:56 PM two separate licenses... seems like duplication and double dipping on fees for increased revenue Anonymous Nothing 3/09/2022 01:31 PM Anonymous Couldn't use a transfer 3/09/2022 02:28 PM Anonymous Receiving renewal notice was difficult due to Covid 19 business 3/09/2022 03:16 PM closures Anonymous Understanding the process 3/09i2022 04.U6 F ai Anonymous to reach someone in person at City. 3/09/2022 05:13 PM Anonymous payment - direct billing and credit cards aren't options. This is difficult 3/09/2022 06:27 PM when it's a business expense. Have to use cash (in the exact amount) or your own personal debit Anonymous nothing 3/09/2022 06:43 PM Anonymous Having to send over documentation which doesn't expire and should 3/10/2022 06:38 AM be on file was annoying. Anonymous to may extra steps 3/10/2022 09:18 AM Anonymous Having to complete the fire safety checklist - a lot of items are not 3/10/2022 09:22 AM applicable Page 35 of 63 Page 53 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Arranging for inspections, getting inspections completed and paying 3/10/2022 09:43 AM the fee. Anonymous nothing comes to mind 3/10/2022 10:14 AM Anonymous Everything was easy and clear. No complaints. 3/10/2022 10:18 AM Anonymous Contacts Anonymous 1. The renewal required input of all applicant information even though j/202211:,, -:M nothing has changed for 20 + years. 2. Inspections are often booked and changed due to schedule adjustments. 3. Application has to be mailed in instead of submitted online. 4. A notice of application for lodging house is sent out to neighbouring property owners every year. This is done to provide an opportunity to complain about the licensee. I am unaware of any other business, licensed or otherwise, that there is a proactive campaign from the City of Kitchener to ask property owners for their complaints about another property owners. This procedure is costly, onerous and should be stopped. If not, every landlord, not just lodging license holders, should be identified and neighbouring property owners should be sent the same letter. Anonymous We had no problems - staff was friendly '/10/2022 11.49 AM Anonymous I would prefer an online form to fill out and online payment. I believe 1 3/10/2022 04:00 PM dropped off a cheque to City Hall last time. Anonymous the fact that I had to apply for it - I don't agree with the annual charge 3/10/2022 04:23 PM Anonymous Nothing. 3/10/2022 04:24 PM Anonymous Canada Post didn't deliver the payment & when it finally arrived the 3/10/2022 05:13 PM late fee was returned. Page 36 of 63 Page 54 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous NA 3/11/2022 07:: Anonymous Nothing 3/11/2022 10:04 AM Anonymous Time, many small businesses can't afford delays. To streamline this 3/11/2022 10:42 AM better guidelines that are not arbitrary to the inspector are very important. We found that we couldnt do anything ourselves until you told us what to do, which costs time (ultimately money). Even as the space we took over was from a previous licensed and established operation - there was no consideration and we were treated as a new build. We had to shut our operations and wait for approval on your timeline. Anonymous That is fine. I am just follow the process that take time to do. Anonymous Remembering that we had to apply. For festivals, I wish the City of Kitchener would have all paper work / forms done in one application (Noise by law, Business application, road closure application) I understand they are separate departments but it would be nice if they were initially all in one application. Then the parts of the application could be sent to the proper departments. Anonymous We hold multiple business licenses even though we operate one business - it seems redundant and something that could be improved quickly if there was one license per business. We could have one license, with the ways we locate detailed within that instead of duplicating efforts and costs. Anonymous Nothing Anonymous Navigating the office/requirement is too bureacratic Anonymous Rules are not clear Anonymous Not at all J/13/2022 07:41 PM Page 37 of 63 Page 55 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous City Hall parking Anonymous no 3i 13iZWL2 02.46 PM Anonymous Providing insurance certificates for contractors business license 3/21/2022 06:41 AM Anonymous had to wait months for a reply back -make an appt,to bring 3/22/2022 08:23 AM documents, process is faster than email Anonymous By paper copy to apply if it's applying online will be easy 3/23/2022 05:04 PM Anonymous I feel frustrated that you have to apply for a new licence and pay full 3/24/2022 02:43 PM fees if you change your name. You should be able to update an existing licence if the owner is continuous. Anonymous No 3/25/2022 01:22 P11 Anonymous Easy to do 3/26/2022 06:55 AM Anonymous Hardest market to get into. Toomany hoops to pass through. Took 3/26/2022 07:27 AM almost 2 months to get everything sorted out and missed a high season of selling. Fire inspectio has to look at each stall which is another barrier since you have to wait for them to come. Way too bureaucratic . Anonymous Most difficult market to get into compared to the other 6 that he's at. 3/26/2022 07:31 licensing was so Slow in communication and moving the process along. Everything that licensing asked for from insurance company made their premium increase. At the end of it, we were so frustrated that we made the insurance company and licensing talk to eachothwr to figure it out. Anonymous The costs of having the backflow valve tested every renewal. 3/27/2022 07:02 PM Page 38 of 63 Page 56 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous both times the City helped me through the process 3/27/2022 10:56 Optional question (106 response(s), 71 skipped) Question type: Essay Question Q7 How might we improve the business licensing by-laws and the application process? Anonymous Would like the option to pay online 3/08/2022 02:48 PM Anonymous Honestly I think the renewal process is as streamlined as it could be. 3/08/2022 02:49 PM Anonymous Just adding clear instructions on license requirements 3/08/2022 02:49 PM Anonymous over all you do well maybe list all the permits that are required in 3/08/2022 02:58 PM order to get the license and list zoning by-laws Anonymous Make it easy and affordable. 3/08/2022 03:03 PM Anonymous Please see above c PM Anonymous I am satisfied with the application process..thank you ei )8i 2G22 03: "Y u F10 Anonymous no changes required 3/08/2022 03:12 PM Anonymous Nc 3/08/2022 03:12 PM Anonymous proper consultation with the industries. 3/08/2022 03:17 PM Anonymous Have online payments for business renewal Page 39 of 63 Page 57 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 3/08/2022 03:18 PM Anonymous all must be online Anonymous Please change this to online renewal, every year the business can get an option to renew online and download certificate Make 2 year renewal option and make it cheaper to renew for 2 years Anonymous Take hair salons off the list 3/08/2022 03:37 PM Anonymous By not filling out surveys Anonymous education. I did not know I needed one until someone from the City X6,2022 03:43 PM called. Anonymous Allow for either email or online renewal. And remove that we have to provide certificates every year, instead of just the association renewals. Certificates only need to be onfile once, as these are given by the school of study. Associations is important for ethics and good standing and need to be renewed annually based on continuing education credits and that you have no outstanding charges. etc. Anonymous 3/08/2022 03:55 PM progress updates online Anonymous The website is not helpful in guiding new business owner on 3/08/2022 03:59 PM requirements. With Covid online access was Critical and I was frustrated many times because I could not talk to a live person even on the phone. Anonymous Simplistic language understandable for the lay person 3/08/2022 04:04 PM Anonymous Payment by etransfer or credit card. 3/08/2022 04:04 P6.' Anonymous Faster response times 3/08/2022 04:21 PM Page 40 of 63 Page 58 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous N/A .J/UU L�G tJ`t.Lv iYVI Anonymous Discover the online process, online payment! 3/08/2022 04:34 PM Anonymous Scrap it. 3/08/2022 04:35 PM Anonymous Eliminate it (the need for a license) entirely for farmers' market 3/08/2022 05:11 PM vendors who have no other business in town. Anonymous Eliminate them for small businesses. I find them totally unnecessary 3/08/2022 05:20 PM for businesses, other than those that require inspections (restaurants, food processing, etc.). Anonymous Processing applications online 3/08/2022 05:21 PM Anonymous my opinion is better to have every tow years or so that way we dont 3/'08,2022 05:55 PM need to worry evey year about expiring. Anonymous no idea 3/08/2022 06:03 PM Anonymous A step-by-step guide would have been helpful. We learned the hard 3/08/2022 06:13 PM way, after either doing it wrong or finding out after the fact what we had to go back and do the right way! Anonymous Folks with permanent business licenses should receive a refund for 3/08/2022 07:01 PM any additional payments they paid and be allowed to operate under their permanent business license. New businesses should be allowed to apply for a permanent business license and not have to pay a yearly renewal fee. Lastly, I, among others, felt that the a lot of small businesses in the area were harassed through their email addresses for the "new" business licenses and threatened fines. Anonymous Sometimes it is hard to understand where we are allowed to vend and 3/08/2022 07:03 PM where not Page 41 of 63 Page 59 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous I don't knows Anonymous Extended license term required : 1 year --> 3-5 years 3/08/2022 07:57 PM Anonymous Streamline and simplify the wording as far as process and structure 3/08/2022 09:34 PM goes, it should be put into plain English that is simple and easy to read. Anonymous Lower fees 3/08/2022 09 Anonymous Would like to see an online way to pay for license. 3/08/2022 09:52 PM Anonymous Again be more website or online accessible 3/08/2022 10:13 PM Anonymous Make it more easier for us to renew licence, lower the fee as well. 3/08/2022 10:42 PM Maybe online option will be better so we can avoid unnecessary waist of time coming to the city hall because renewal fee for Kitchener is expensive and I always wonder why do we have to pay for licence renewal in Kitchener but Waterloo doesn't have this fee at all. Also if you do it online we can avoid parking fee and instead loosing business while coming I can have a client. Anonymous accepting etransfer for payment would be a start, who pays with a 3/09/2022 07:15 AM cheque anymore? Anonymous Fees and insurance should be on a case by case backs. I'm interested in a new business licence to make cookies and it's ridiculous that I need 2 million in liability insurance for a very low risk business Anonymous Have an online list of all items that are required for initial application 3/09/2022 08:13 AM and renewal. (Detailed) Anonymous Please, please, please add an option to apply, renew and pay online Page 42 of 63 Page 60 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 3/09/2022 08:19 AM Anonymous It seems odd that a City of Kitchener faciity (community centre) has to apply to get a business license. Especially since there is no cost, are they really necessary, or can they be done automatically? Anonymous Advertising the need for the licensing, explanation of the purpose and 3/09/2022 09:52 AM need for license, what the fees are for, where the money goes? Anonymous I would like to make my license bigger 3/09/2022 10:02 AM Anonymous The three step process of applying to the City of Kitchener, Region of 3/09/2022 10:22 AM Waterloo and Fire Prevention is labourious. Perhaps one application would simplify the process. Anonymous nothing :'2022 10:26 AM Anonymous maybe keep better track of renewal dates and send out reminders Anonymous Make the fee the same for registered Charities and registered nonprofits. And I guess figure out ways to help people to understand that they need to have a license for events Anonymous cost and timelines Anonymous ONLINE,. ONLINE, ONLINE Anonymous Having an online form would help, and would allow you to provide 3/09/2022 12:26 PM other tools so people can be sure they're not missing anything. Anonymous Please see above. 3/09/2022 12:40 F, Anonymous I don't know why I need a business licence for an at home online 3/09/2022 12:49 PM business. I also don't like how my home address is up on the internet Page 43 of 63 Page 61 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 when someone googles my business name. This violates my privacy and puts me and my family at risk. Can this be changed? Anonymous Single application/renewal and fees tiered (not two full fees for 3/09/2022 12:56 PM supplemental endorsements). indicate when and if regulatory inspections are required that year ... fire department every other year versus backflow preventer testing which is annual Anonymous It is not the process I have a problem with it is the number of business 3/09/2022 01:31 PM that do not apply and get away with never paying. Anonymous Able to do e transfer 3/09/2022 02:28 PM Anonymous none Anonymous The renewal notices and payments should be online ei )9i2G22 u3.16 F10 Anonymous You guys are the best. 3/09/2022 04:08 PM Anonymous Access to an instant customer service would be helpful 3/09/2022 05:13 PM Anonymous by being fair and maybe giving the business owner a chance to be 43 PM heard and taken seriously Anonymous Maintain a profile where certain documents can be kept. Renewal 3/10/2022 06:38 AM should happen automatically and not need to wait on inspections. Anonymous streamline and have online option 3/10;2022 09:18 AM Anonymous Remove or change the fire safety self -check list 3/10/2022 09:22 AM Anonymous I am not sure for other license types, but for a license for a lodging 3/10/2022 09:43 AM house, especially the type I have - Low income lodging house - Page 44 of 63 Page 62 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 something has to be done about the fees and inspections. I am paying almost $1000 to provide low income housing. This charge goes to the tenant when possible. New tenants see large increases in the monthly rent compared to long term tenants and long term tenants get yearly increases inline with the maximum allowed by the province. In 2020 we were not even allowed to increase the monthly rent charge because the provincial government thought tenants should have a break because of COVID. The city however increased the yearly licensing fee. Also, with regards to the yearly inspections, thank goodness the fire inspection comes every two years now. What a hassle to have Kitchener Fire and By-law come in and make me do little things like plug a nail hole in the ceiling, or put thicker drywall on a wall that has been in the house for 100+ years (10 of which were during the time I have been running it as a lodging house) All of a sudden one year I had to do this. The next year I had to replace a bathroom door with a fire door. The next year I had to put an automatic closure on a bathroom door. I finally asked the inspector why I keep having to do these things. He said, "My Chief said there is always at least one thing you can find during an inspection to have the property owner correct". - That, in my opinion, is just harassment. This property is probably safer then any home in the area with regards to fire safety but I get hassled every year to make changes. I must mention, however, I am glad that fire inspections have moved to every two years also that the last physical inspection I had by a Fire Prevention office was good and he did not make do costly upgrades based on a whim. Anonymous We do feel that the process puts a strain on small businesses while 3/10/2022 10:18 AM not effecting those in our industry who work from home. Therefore businesses like ours have more fees and trouble while those who work from home do not. Anonymous More people on the phone to talk to. Anonymous Online processes. Cancel the notice of application to property owners. Anonymous The process is working well for us so we have nothing more to offer. 3, vi_vZ i AM Anonymous Online process. Also, I'm not sure if this is accurate, but I heard the 3/10/2022 04:00 PM pop-up shop business license was expensive (or it had more hoops than a permanent vendor license). I'm not sure if this is true, it's Page 45 of 63 Page 63 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 feedback I received from someone else. In general, it would be great if the pop up shop business license was straight forward, cheap, and didn't discourage people from making that first step into entrepreneurship. Anonymous remove them 3/10/2022 04:23 PM Anonymous Continue to enhance your online application and related 3/10/2022 04:24 PM documentation. Anonymous If there is missing information or something needs attention. The city 3/10/2022 04:50 PM should reach out via email Anonymous Payment online. 13 PM Anonymous NA ei11i2G22 Vi:2/ AJi Anonymous No improvements necessary. 3/11/2022 10:04 AM Anonymous 1. City Hall can set up the applying and renewal online that will easy 3/1 1/2022 11:39 AM for business processing in every year. 2. Set up the website to promote the small business in Kitchener. I work on the health care complimentary, natural medicines, natural and organic cosmetics. I would like to joint, promote, and contribute the business to develope in Kitchener. Anonymous As above, by streamlining with other applications for festivals. 3/11/2022 02:09 PM Anonymous It would be great if the licenses were organized by business - just one 3/111'2022 05:56 PM license per business. Then the details of operations could be detailed within that with more nuance. Anonymous More online forms to make it more efficient. Page 46 of 63 Page 64 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Seems fine 3/13/2022 01:12 PM Anonymous Fasten the process and make access easier 3/13/2022 05:46 PPRP Anonymous It is desperately needed to change the bylaws so it is extremely hard 3/13/2022 07:15 PM for illegal individuals such as uber drivers and those without driving instructor license to provide driver's training. That problem is getting worse by the day and becoming an urgent a public safety issue. Anonymous 3/13/2022 07:41 PM No comment Anonymous There are alot many people portraiting them self's as Driving 3/16/2022 02:03 PM Instructors. Most of these people are found practicing at the parking lot of drive test centre and int surrounding neighbourhood, which is totally as unsafe practice. Reinforcement of plates to Driving Instructor will eliminate the saftey concerns upto to 80% as there are international students too involved in giving the instruction once they get their G2. Appreciate if someone can call me on 647-299-7401 to discuss in detail. Hope my voice will be heard one day Anonymous 3/17/2022 09:23 AM Applications on line? Anonymous I should not be required to purchase an additional business licenses 3/18/2022 02:46 PM for my business when i rent a booth at the Kitchener Market. I already pay for a business license for my business and i feel ripped off when i have a purchase a second license for the Kitchener market when i pay rent for my booth. Anonymous It's should be more relaxed rules for small businesses 3/23/2022 05a., Anonymous No 3/251/2022 01:22 PM Anonymous Make it easier for new vendors to come On and not jump through 3/26/2022 07:27 AM months of hoops Page 47 of 63 Page 65 of 149 Business Licensing Bylaws Review Survey : Survey Report for 15 August 2018 to 29 March 2022 Anonymous Make the communication and process much quicker and reduce the 3/26/2022 07:31 AM amount of insurance requirements to save costs for tb3 vendor Anonymous We recently had an inspection & I was chastised for where my 3/26/2022 10:08 AM business license is posted. The license states "License must be posted and visible at all times". It does not indicate that it must be visible to the public. Anonymous Have the valve tested every 5 years. Also the valve should only have 3/27/2022 07:02 PM to be installed in lines that have hose connections, not toilets and hand washing sinks as it effects commercial valve flushing of the toilet. Anonymous 3/27/2022 10:50 PM on line was awesome. Please continue Optional question (97 response(s), 80 skipped) Question type: Essay Question Page 48 of 63 Page 66 of 149 LICENCE 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 Page 67 of 149 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 ...................................... Commercial Kitchen ................................................... 33 8 ...................................... Contractor........................................................................... 34 9......................................Convenience Store ............................................................. 35 10 ...................................... Driving School.................................................................... 36 11 ...................................... Farmers' Market................................................................. 37 12 ...................................... Food Shop .......................................................................... 39 13 ...................................... Food Truck......................................................................... 40 14 ...................................... Laundrette or Dry Cleaner.................................................. 44 15 ...................................... Mobile Business................................................................. 45 16 ...................................... Motor Vehicle Facility......................................................... 46 17 ...................................... Nightclub............................................................................ 47 18 ......................................Old Gold Shop .................................................................... 48 18.1 ...................................Payday Loan Establishment ............................................... 49 19 ...................................... Pet Care Establishment...................................................... 52 20 ...................................... Pet Shop ............................................................................. 56 21 ...................................... Permanent Vendor............................................................. 58 22 ...................................... Place of Amusement.......................................................... 59 23 ...................................... Pop -Up Shop ...................................................................... 60 24 ...................................... Public Halls......................................................................... 61 25 ...................................... Refreshment Vehicle.......................................................... 62 26 ...................................... Special Event..................................................................... 66 27 ...................................... Street Vendor..................................................................... 68 28......................................Temporary Vendor............................................................. 70 29 ...................................... Theatre............................................................................... 71 KITCHENER 599.2 May 2022 Page 68 of 149 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 in-person or online. 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" KITCHENER 599.3 May 2022 Page 69 of 149 LICENSING & REGULATION OF BUSINESSES 599.1.11 Beauty salon - defined "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 association 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. KITCHENER 599.4 May 2022 Page 70 of 149 LICENSING & REGULATION OF BUSINESSES 599.1.18 Chief Building Official -defined "Chief Building Official" means the Chief Building Official of the City or their designate. 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 Commercial Kitchen — Owner — defined "commercial kitchen" means a shared -use, commissary, or incubator kitchen that are licensed spaces where chefs, bakers, caterers, and other culinary professionals can prepare their goods. 599.1.26 Commercial Kitchen — Vendor — defined "commercial kitchen vendor" means the business that rents or operates out of a Commercial Kitchen for the purpose of preparing their good and may includes chefs, bakers, caterers, and other culinary professionals. 599.1.27 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, landscaping, installing fences, driveway paving, fire inspections, 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. 599.1.28 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 limited range of everyday items, which KITCHENER 599.5 May 2022 Page 71 of 149 LICENSING & REGULATION OF BUSINESSES may include items such as newspapers, magazines, soft drinks, confectionery, meat, and milk products, and have available beverage machines, but does not preparation of food or warming devices 599.1.29 Council -defined "council" means the elected officials' comprising the municipal council of the City. 599.1.30 KBIA boundary - defined "DKBIA boundary" means the Downtown Kitchener Business Improvement Area boundary. 599.1.31 Director - defined "Director" means the Director of Legislated Services of the City or their designate. 599.1.32 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. 599.1.33 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. 599.1.34 Drive-in theatre - defined "drive-in theatre" means any premises in which moving pictures are exhibited and viewed by the public from vehicles. 599.1.35 Driving school operators - defined "driving school operators" means a Business that, for gain, teaches a Person or Persons to operate motor vehicles. 599.1.36 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, wash and fold, dry cleaning depot, or cleaning, pressing, and spot or stain removal, or other similar applications to clothing or fabric. 599.1.37 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. KITCHENER 599.6 May 2022 Page 72 of 149 LICENSING & REGULATION OF BUSINESSES 599.1.38 Farmers' market vendor — defined "farmers' market vendor" means a Person or group of Persons who operate a stall at a Farmers Market or Flea Market. 599.1.39 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. 599.1.40 Flammable liquid - defined "flammable liquid" means "Flammable Liquid" as defined in the Ontario Fire Code. 599.1.41 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. 599.1.42 Food shop - defined "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, grocery store, restaurant, or catering service. 599.1.43 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. 599.1.44 Gaming Site - defined "gaming site" means a gaming site as defined under the Ontario Lottery and Gaming Corporation Act, 1999, S.O. 1999, c. 12, Sched. L. 599.1.45 Health approval - defined "health approval" means the written approval of the Region of Waterloo Public Health. 599.1.46 Highway - defined "highway" means a "highway" as defined under the Highway Traffic Act, R.S.O. 1990, c. H. 8. 599.1.47 Laundrette - defined "laundrette" means an establishment with automatic washing machines, dryers, or dry- cleaning machines wash and fold, dry cleaning depot, available for public use for a fee. 599.1.48 Licence - defined KITCHENER 599.7 May 2022 Page 73 of 149 LICENSING & REGULATION OF BUSINESSES "licence" means a licence to engage in a Business issued under this Chapter and the termed "licensed" shall have a corresponding meaning. 599.1.49 Licensed premises - defined "licensed premises" means the Premises referred to on a Licence. 599.1.50 Licensee - defined "Licensee" means a Person who has been issued a Licence under this Chapter. 599.1.51 Licensing Appeal Tribunal - defined "Licensing Appeal Tribunal" means a committee designated by Council for the purpose of hearing any appeal under this Chapter. 599.1.52 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. 599.1.53 Manager of Licensing - defined "Manager of Licensing" means the Manager of Licensing of the City or their designate. 599.1.54 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. 599.1.55 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. 599.1.56 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. 599.1.57 Motor vehicle - defined "motor vehicle" means an automobile, motorcycle, motorhome, truck, trailer, scooter, or motor -assisted bicycle, and may include watercrafts and boats, unless otherwise indicated in this Chapter and any other vehicle propelled or driven otherwise than by muscular power but does not include a streetcar or other motor vehicle running only upon rails or a motorized snow vehicle, traction engine, farm tractor, self-propelled KITCHENER 599.8 May 2022 Page 74 of 149 LICENSING & REGULATION OF BUSINESSES implement of husbandry, or road cleaning or road building machine. 599.1.58 Motor vehicle facility - defined "motor vehicle facility" means a building or place where a Person engages in the Business of selling or offering for sale new or used Motor Vehicles, or providing servicing, detailing, car wash 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, s, Motor Vehicle inspection Centre, Motor Vehicle rental and leasing establishment, and Motor Vehicle Specialty and Service Shops. 599.1.59 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. 599.1.60 Neighbourhood association - defined "neighbourhood association" means a community group that is currently recognized by the City as an affiliated Neighbourhood Association. 599.1.61 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. 599.1.62 Occupancy load - defined "occupancy load" means the number of Persons that a building or part thereof is designed to accommodate. 599.1.63 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. 599.1.64 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. 599.1.65 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. KITCHENER 599.9 May 2022 Page 75 of 149 LICENSING & REGULATION OF BUSINESSES 599.1.66 Operator - defined "operator" means a Person, who alone or with others, operates, manages, runs, or controls and "operate" has a corresponding meaning. 599.1.67 Owner - defined "owner" means the owner or tenant of a building. 599.1.68 Payday Loan - defined "Payday Loan" shall have the definition set out in the Payday Loans Act, 2008, S.O. 2008, c. 9. 599.1.69 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. 599.1.70 Permanent vendor - defined "permanent vendor" means a Person who sells goods or services, at one specific location which includes retailers, home offices and online sales, 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. 599.1.71 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. 599.1.72 Pet care establishment - defined "pet care establishment" means a Business for the grooming, training, daycare of any pet include pet -sitting, 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. 599.1.73 Pet shop - defined "pet shop" means a Business that sells, has for sale, or keeps Animals including without limitation rodents, reptiles, fish, or amphibians. 599.1.74 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. KITCHENER 599.10 May 2022 Page 76 of 149 LICENSING & REGULATION OF BUSINESSES 599.1.75 Police record check - defined "police record check" means a criminal record and judicial matters check issued to the Applicant by the police service in whose jurisdiction the Applicant resides. 599.1.76 Police officer - defined "police officer" means a police officer with the Waterloo Regional Police Services or the Ontario Provincial Police. 599.1.77 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 up to 2 days a week at the same location for up to 30 days in a calendar year in total. 599.1.78 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 consecutively 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 back-to- back unless approved by the Manager of Licensing. 599.1.79 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, and may require additional licences for the food services. 599.1.80 Refreshment - defined "refreshment" means food or drink which may be consumed by humans. 599.1.81 Refreshment vehicle - defined "refreshment vehicle" means a Vehicle selling Refreshment but shall not include a Food truck. 599.1.82 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. 599.1.83 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. 599.1.84 Refreshment vehicle - Class C - defined "refreshment vehicle - Class "C" means a Refreshment Vehicle that is a motorized vehicle or a trailer that is hitched to a motorized vehicle that is moved from place to place and that offers for sale pre-packaged foods, pre -bottled beverages, cooked KITCHENER 599.11 May 2022 Page 77 of 149 LICENSING & REGULATION OF BUSINESSES food, or ice confectioneries for human consumption. 599.1.85 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(5tn 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. 599.1.86 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. 599.1.87 Special event - defined "special event" means a one-time or infrequent occurring event outside normal programs or activities such as 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. 599.1.88 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. 599.1.89 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. 599.1.90 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. 599.1.91 Theatre - defined "theatre" means a building in which moving pictures are shown for public entertainment and may include single screen or multiple screen Theatres or drive-in theatres. 599.1.92 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. KITCHENER 599.12 May 2022 Page 78 of 149 LICENSING & REGULATION OF BUSINESSES Article 2 REGULATED BUSINESSES 599.2.1 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 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; J. 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 Licensed 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. KITCHENER 599.13 May 2022 Page 79 of 149 LICENSING & REGULATION OF BUSINESSES 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: a) tourist establishments as defined under the Retail Holiday Business Act, R.S.O. 1990, c. R. 30; b) community centre regular programming; c) second hand good shops; d) taxi cabs; e) salvage yards fl manufacturing; g) wholesale vendors; and h) 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; KITCHENER 599.14 May 2022 Page 80 of 149 LICENSING & REGULATION OF BUSINESSES III. the address of theBusiness; 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) an emergency contact that can be reached after hours that must be different than the business number. e) any other documents as required by the Regulations of this Chapter; and f) 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 they deem 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 Director, By-law Enforcement, Deputy CAO of Infrastructure Services, Director of Transportation Planning, Chief Fire Prevention Officer, Chief Building Official, Manager, Kitchener Farmers' Market, Regional Medical Officer of Health, and Waterloo Regional Police Services. 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 599.4.1 above. KITCHENER 599.15 May 2022 Page 81 of 149 LICENSING & REGULATION OF BUSINESSES 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 changes to the type of Business that may result in a change in the type of Licence required; e) ensure that the Licensed Business shall be conducted in conformity with 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, add conditions, or refuse 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: KITCHENER 599.16 May 2022 Page 82 of 149 LICENSING & REGULATION OF BUSINESSES 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 accordance with applicable law or by-laws, or with integrity and honesty; f) the Business premises specified on the Application are subject to any order that has not been complied with made pursuant to the Building Code Act 1992, S.O. 1992, c. 23 or the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, or by the Medical Officer of Health; or g) provided no pardon has been granted with respect to the conviction, the Applicant has been convicted of 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. KITCHENER 599.17 May 2022 Page 83 of 149 LICENSING & REGULATION OF BUSINESSES 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 Licensee has violated any conditions that have been placed on the licence; e) the Licence was issued upon provision or receipt of false or misleading information; or fl 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, they 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 the Licensing Appeal Tribunal. KITCHENER 599.18 May 2022 Page 84 of 149 LICENSING & REGULATION OF BUSINESSES 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 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; KITCHENER 599.19 May 2022 Page 85 of 149 LICENSING & REGULATION OF BUSINESSES 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 unfavorable 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; g) without limiting the generality of section 599.8.6.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, orany 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: KITCHENER 599.20 May 2022 Page 86 of 149 LICENSING & REGULATION OF BUSINESSES 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. 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 tothe 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 Actor 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. KITCHENER 599.21 May 2022 Page 87 of 149 LICENSING & REGULATION OF BUSINESSES 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, 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 landowner 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, orwho caused or permitted the contravention, KITCHENER 599.22 May 2022 Page 88 of 149 LICENSING & REGULATION OF BUSINESSES or the landowner 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 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). KITCHENER 599.23 May 2022 Page 89 of 149 LICENSING & REGULATION OF BUSINESSES Article 15 COLLECTION OF UNPAID FINES 599.15.1 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 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 June 1, 2022. KITCHENER 599.24 May 2022 Page 90 of 149 LICENSING & REGULATION OF BUSINESSES Article 20 TRANSITIONAL PROVISIONS 599.20.1 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. 599.20.4 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. 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 May 2022 Page 91 of 149 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 Commercial Kitchen & Vendor March 31 Schedule 7 Contractor March 31 Schedule 8 Convenience Store March 31 Schedule 9 Driving Schools March 31 Schedule 10 Farmers' Markets - Stationary & Vendor March 31 Schedule 11 Food Shop March 31 Schedule 12 Food Truck March 31 Schedule 13 Laundrette March 31 Schedule 14 Mobile Business March 31 Schedule 15 Motor Vehicle Facility March 31 Schedule 16 Nightclub March 31 Schedule 17 Old Gold March 31 Schedule 18 Payday Loan Establishment March 31 Schedule 18.1 Pet Care Establishment March 31 Schedule 19 Pet Shop March 31 Schedule 20 Permanent Vendor No Expiry Schedule 21 Place of Amusement March 31 Schedule 22 Pop-up Shop Per Event Schedule 23 Public Halls March 31 Schedule 24 Refreshment Vehicles March 31 Schedule 25 Special Events Per Event Schedule 26 Street Vendor March 31 Schedule 27 Temporary Vendor Per Event Schedule 28 Theatres March 31 Schedule 29 KITCHENER 599.26 May 2022 Page 92 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 2 CRIMINAL RECORD AND JUDICIAL MATTERS CHECK 1. This schedule shall apply to those Persons who are required to provide Criminal Record and Judicial Matters Check with an Application. 2. The Criminal Record and Judicial Matters 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 Criminal Record and Judicial Matters Check must be obtained for each partner; and e) if the Applicant is a corporation, a completed Criminal Record and Judicial Matters 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 Criminal Record and Judicial Matters Check shall only be considered valid if it is completed within six (6) months of the date of Application. 4. The Criminal Record and Judicial Matter Check shall be completed by a Canadian Police Service, or by a police service in the jurisdiction where the Applicant resides. A Criminal Record and Judicial Matters Check completed by a third -party agency will not be accepted. 5. Any Criminal Record and Judicial Matters Check that is completed in a foreign language must be translated and notarized. KITCHENER 599.27 May 2022 Page 93 of 149 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. KITCHENER 599.28 May 2022 Page 94 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 4 AUCTIONEER 1. In addition to the licensing requirements set out in article 4 of this Chapter, an Applicant for an Auctioneer Licence shall supply the following: a. Criminal Record and Judicial Matters Check. 2. Notwithstanding the prohibitions set out in article 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 Chapter. 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 May 2022 Page 95 of 149 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 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 May 2022 Page 96 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 5 BEAUTY SALON 1. In addition to the licensing requirements set out in article 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 oflnsurance. 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 May 2022 Page 97 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 6 BUSKERS 1. Every Applicant for a Busker Licence shall supply 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 unless approved through the Noise By-law; e. be responsible for their equipment, including storage, and will ensure it is not a tripping hazard; and f. be permitted to display, offer for sale and sell audio recordings of their performance. 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. 4. Any Busker operating at the Kitchener Market must additionally abide by their rules and regulations. KITCHENER 599.32 May 2022 Page 98 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 7 COMMERCIAL KITCHEN 1. In addition to the licensing requirements set out in article 4 of this Chapter; an Applicant for a Commercial Kitchen shall supply the following: a. for a Class "A" Licence: i. Building Approval; ii. Fire Approval; iii. Health Approval; iv. Planning Approval; and v. Plumbing Approval. b. for a Class "B" Licence: i. Health Approval; and ii. Owner Authorization. 2. Other than those establishments identified in section 3 and 4, below, a "Class A" Licence is required for all businesses operating as a Commercial Kitchen. 3. A Class "B" Licence shall be required for a Commercial Kitchen Vendor: 4. Every Commercial Kitchen Licensee shall: a) post the Licence ins a conspicuous place in the Licensed Premises; b) post the occupancy load in a conspicuous place in the Licensed Premised; c) shall require a Commercial Kitchen Vendor licence for all occupants; and d) shall provide written submission to the Manager of Licensing on any change of equipment. KITCHENER 599.33 May 2022 Page 99 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE8 CONTRACTOR 1. In addition to the licensing requirements set out in article 4 of this Chapter, an Applicant fora Contractor Licence shall supply the following: a. Criminal Record and Judicial Matters Checkand b. Proof of Insurance; and c. Proof of Qualifications, for fire contractors. 2. Every Contractor Licensee shall: a. where required bylaw, 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 599.34 May 2022 Page 100 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 9 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 1.a) above; and ii. Health Approval. 2. Other than those establishments identified in section 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. 4. If the Convenience Store is operating as a restaurant, a Food Shop licence may also be required. KITCHENER 599.35 May 2022 Page 101 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 10 DRIVING SCHOOL 1. In addition to the licensing requirements set out in article 4 of this Chapter, an Applicant for a Driving School Licence shall supply the following: a. Planning Approval; b. Criminal Record and Judicial Matters 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 599.36 May 2022 Page 102 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 11 FARMERS' MARKET 1. In addition, the licensing requirements set out in article 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" or Class "C" Licence: i. Health Approval c. for a Class "C" Licence: i. Health Approval; and ii. Owner's Authorization. 2. Other than those establishments identified in section 3 and 4, below, a "Class A" Licence is required for all permanent Farmers' Markets. 3. A Class "B" Licence shall be required for any the following Farmers' Market Vendors: a. A Farmers' Market vendor that operates at a Class "A" Farmer's Market location, such as the Kitchener Market; 4. A Class "C" Licence shall operate as a "Pop -Up Farmers' Market Vendor and shall: a. Operate short-term for the purpose of testing the market; b. Shall only operate up to 12 days per calendar year; and c. That sell products that include, but are not limited to, Farm Products, baked goods, preserved foods, and do not include vendor that operate as a Food Shop. 5. A Class "D" 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 KITCHENER 599.37 May 2022 Page 103 of 149 LICENSING & REGULATION OF BUSINESSES products from a farmer's garden or farm. c. A Pop-up Farmers' Market that consists of a combination of 3a) and 3b), and vendors selling merchandise that is not food. 6. 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 as a vendor at a licensed Farmers' Market; or b. a farmer selling their produce or product on their property. 7. A notification shall be sent to Waterloo Regional Public Health office for any changes made to the vendors from the original licence. KITCHENER 599.38 May 2022 Page 104 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 12 FOOD SHOP 1. In addition to the licensing requirements set out in article 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 599.39 May 2022 Page 105 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 13 FOOD TRUCK 1. In addition to the licensing requirements set out in article 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; f. maintain the Food Truck in good repair and appearance, and equip it with refuse container accessible to the customers; g. keep the Licence posted in a conspicuous place in the Food Truck and make it available to any Officer upon inspection; h. ensure that every Person selling from or operating the Food Truck wears clean clothes, is clean and neat in appearance, and maintains clean hands; i. ensure that no damage is caused to City property as a result of the location of the Food Truck; KITCHENER 599.40 May 2022 Page 106 of 149 LICENSING & REGULATION OF BUSINESSES j. not use any loudspeakers, 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; v. Victoria Park - one (1) Food Truck permitted; and vi. Schlegel 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 5.b) and 5.c) 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; and, f) 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 or as permitted within this By-law. KITCHENER 599.41 May 2022 Page 107 of 149 LICENSING & REGULATION OF BUSINESSES 6. Food Trucks shall only be operated within the DKBIA Boundary as follows: a) at Carl Zehr Square, as programmed and organized by the City; b) as part of City -approved festivals and events where the appropriate Licenses have been obtained; 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 Development and Innovation and the Manager of Licensing. The Manager of Downtown Development and Innovation 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. Food Trucks may operate within areas zoned as residential as follows: a. the Food Truck must have a valid City of Kitchener Business Licence; b. may only operate between the months of July 1 to September 1, and may be extended by the Manager of Licensing; c. may only operate between the times Monday to Friday, 4:30pm — KITCHENER 599.42 May 2022 Page 108 of 149 LICENSING & REGULATION OF BUSINESSES 8:OOpm, and Saturday and Sunday, 11:00am — 8:OOpm d. Parking in one location has a 3 -hour maximum including any setting up, and then must move to a different street; e. Operator must ensure that any line-ups are on the sidewalk or boulevard; f. Operator must ensure that no waste is left behind; g. No Food Truck will permit horns, flashing lights, or amplified sound/music; h. Must be located in a legal parking spot; i. Cannot be operating within 200 metres of a licensed Food Shop; j. Cannot be operating within 500 metres of another Food Truck; and k. Cannot operate on a Regional Road. 8. 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. 9. 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. 10. No Food Truck Licensee shall operate, permit to be operated, or sell refreshments from any Food Truck: a. in an area zoned residential by the City Zoning By-law, as amended, except as permitted by a Special Event Licence, or permitted herein; b. on private property without the written consent of the property owner which has been provided in advance and approved by the Manager of Licensing; c. 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 d. 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 599.43 May 2022 Page 109 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 14 LAUNDRETTE OR DRY CLEANER 1. In addition to the licensing requirements set out in article 4 of this Chapter, an Applicant fora Laundrette or Dry Cleaner Licence shall submit the following: a. Fire Approval, if applicable. b. Planning Approval; and c. Plumbing Approval. 1. 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 599.44 May 2022 Page 110 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 15 MOBILE BUSINESS 1. In addition to the licensing requirements set out in article 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 oflnsurance. 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 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 599.45 May 2022 Page 111 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 16 MOTOR VEHICLE FACILITY 1. In addition to the licensing requirements set out in article 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. 3. Every Licensee shall report to the Waterloo Regional Police Services when a Motor Vehicle is left on the Licensed Premises for a period of twenty-four hours (24 hours), if the Motor Vehicle has been left without permission of the Licensee or when the Licensee may have reason to believe the Motor Vehicle is either stolen or abandoned. 4. Every Licensee shall ensure that all Motor Vehicles associated with the Licensed Premises are parked within the boundaries of the property. KITCHENER 599.46 May 2022 Page 112 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 17 NIGHTCLUB 1. In addition to licensing requirements set out in article 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. Criminal Record and Judicial Matters 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 599.47 May 2022 Page 113 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 18 OLD GOLDSHOP 1. In addition to the licensing requirements set out in article 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 599.48 May 2022 Page 114 of 149 LICENSING & REGULATION OF BUSINESSES 4. During the fifteen (15) days referenced in subsection 3.d) above, the gold, jewellery, or other precious metals purchased or acquired shall remain on the Licensed Premises and shall be kept in a separate location from other gold, jewellery, or other precious metals previously purchased or acquired by the Licensee and shall be subject to inspection by an Officer at any time during business hours. KITCHENER 599.49 May 2022 Page 115 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 18.1 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; KITCHENER 599.50 May 2022 Page 116 of 149 7 LICENSING & REGULATION OF BUSINESSES C. The Business is operated continuously as a Payday Loan Establishment; 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 September 20, 2021 are at the following locations: a. 500 Fairway Road South; b. 324 Highland Road West; C. 370 Highland Road West; d. 465 Highland Road West; e. 525 Highland Road West; f. 625 King Street East; g. 1253 King Street East; h. 4396 King Street East; i. 78 King Street West; j. 648 King Street West; k. 670 King Street West; I. 3101 Kingsway Drive; M. 725 Ottawa Street South; and n. 12 Water Street North. KITCHENER 599.51 May 2022 Page 117 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 19 PET CARE ESTABLISHMENT 1. In addition to the licensing requirements set out in article 4 of this Chapter, an Applicant for a Pet Care Establishment Licence shall supply the following: a. Animal Service Provider Approval; b. Planning Approval, if applicable; 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 599.52 May 2022 Page 118 of 149 LICENSING & REGULATION OF BUSINESSES are cleaned and disinfected daily; I. ensure that the Licensed Premises is adequately lighted with both artificial and natural light; m. ensure that a healthful temperature is maintained at all times for health, welfare, and comfort of every Animal; n. have an attendant on site or on-call with a contact number clearly posted outside of the facility on the property of the Business at all times when Animals are present at the facility; and o. ensure that any Animal medical emergencies or health issues are dealt with in a timely fashion. 3. Every Pet Care Establishment Licensee shall keep the records outlined in subsection 2.c), as well as the following, if applicable: a. the name, address, and phone number of all persons whom a dog is sold or transferred, and the dates of said transfer; b. dates of arrivals to and departures from the facility of each individual dog; c. breeding and identification records of all whelping bitches, stud dogs, and resulting litters; and d. veterinarian records on every individual dog or other Animal shall be maintained at the Licensed Premises, and a veterinarian shall check and clear all dogs for health and parasites prior to any sale. 4. Doggie Daycares - Class I and Class 11, 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 599.53 May 2022 Page 119 of 149 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 599.54 May 2022 Page 120 of 149 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 599.55 May 2022 Page 121 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 20 PET SHOP 1. In addition to the licensing requirements set out in article 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 599.56 May 2022 Page 122 of 149 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 599.57 May 2022 Page 123 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 21 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 article 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 599.58 May 2022 Page 124 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 22 PLACE OF AMUSEMENT 1. In addition to the licensing requirements set out in article 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 conductor loitering to take place in or about the Place of Amusement. KITCHENER 599.59 May 2022 Page 125 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 23 POP-UP SHOP 1. In addition to the licensing requirements set out in article 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 the indicated amount of days or up to 250 days consecutively whichever comes first; 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 unless approved by the Manager of Licensing. KITCHENER 599.60 May 2022 Page 126 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 24 PUBLIC HALLS 1. In addition to the licensing requirements set out in article 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. d. If the kitchen is being rented out as a commercial kitchen, an additional licence as a Commercial Kitchen is required, as well as the renters will require a Commercial Kitchen Vendor Licence. KITCHENER 599.61 May 2022 Page 127 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 25 REFRESHMENT VEHICLE 1. In addition to the licensing requirements set out in article 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.O. 1990, c. H.B, if applicable 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 and trailers. 5. Other than during Special Events, Refreshment Vehicles shall only operate on private property or in areas permitted within this schedule. 6. Every Refreshment Vehicle Licensee shall: a) have the Licence available in the Refreshment Vehicle and shall be provided 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 Manager of Licensing of KITCHENER 599.62 May 2022 Page 128 of 149 LICENSING & REGULATION OF BUSINESSES any changes to such information if the Refreshment Vehicle is replaced; c) affix the Municipal Plate provided by the City to the Refreshment Vehicle; d) maintain the Refreshment Vehicle in good repair and appearance; e) if applicable, ensure the body, doors, and windows of the Refreshment Vehicle shall be of sufficiently sound construction to provide reasonable protection against dust, dirt, flies, and other injurious matter; f) ensure that every Person selling, or handling refreshments wears clean clothes, is clean and neat in appearance, and has clean hands; and g) have every vehicle operating under the same Business name licensed. 7. No Refreshment Vehicle Licensee shall: a) operate at 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 loudspeakers, 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 Licensee from this requirement. KITCHENER 599.63 May 2022 Page 129 of 149 LICENSING & REGULATION OF BUSINESSES 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 vehicles 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 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 KITCHENER 599.64 May 2022 Page 130 of 149 LICENSING & REGULATION OF BUSINESSES 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 599.65 May 2022 Page 131 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 26 SPECIAL EVENT 1. In addition to the licensing requirements set out in article 4 of this Chapter, an Applicant for a Special Event Licence shall supply the following: a. for a Class "A" licence: i. Animal Services Provider Approval, if applicable; ii. Fire Approval; iii. Health Approval; and iv. Proof of Insurance. 2. Every Special Event Licensee shall: a. have written permission of the owner of the private property consenting to the use of their property; b. provide a description of all merchandise, food, goods, or services offered ; c. provide a list of all vendors attending the event, if applicable; d. provide proof of Registered Charity status or Neighbourhood Association status, where applicable; e. provide evidence of authorization pursuant to the Technical Standards and Safety Act, 2000, for each ride that is part of the Special Event; f. keep the grounds and premises in good order; and g. ensure there are satisfactory washroom facilities, refuse receptacles, and security measures in place. 3. 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. 4. All Special Events or parts thereof shall cease operating no later than 11:30 p.m. each day of the event, and the grounds shall be completely cleared of all public patrons KITCHENER 599.66 May 2022 Page 132 of 149 LICENSING & REGULATION OF BUSINESSES within one hour after the closing hour of 11:30 p.m. 5. The provision in section 4 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 599.67 May 2022 Page 133 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 27 STREET VENDOR 1. In addition to the licensing requirements set out in article 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: a. only operate in one of the designated locations and sell or offer for sale only the designated products; b. submit separate Applications for each permitted location as described in section 5, below; c. apply for and be granted a Licence in a first-come, first -serve basis; d. not use any loudspeakers, amplifiers, hailing device, or music players; e. remove themselves, any refuse container, and any debris from site each day upon the conclusion of the day; 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.; and g. 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 599.68 May 2022 Page 134 of 149 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 loudspeakers, 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 599.69 May 2022 Page 135 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 28 TEMPORARY VENDOR 1. In addition to the licensing requirement set out in article 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 operate or promote trade shows; and b. operating as part of a Licensed Special Event. KITCHENER 599.70 May 2022 Page 136 of 149 LICENSING & REGULATION OF BUSINESSES SCHEDULE 29 THEATRE 1. In addition to the licensing requirements set out in article 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 599.71 May 2022 Page 137 of 149