HomeMy WebLinkAboutCOR-2025-199 - Integrating Licensing By-laws into the City's Administrative Monetary Penalty SystemStaff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: May 12, 2025
SUBMITTED BY: Kristin VanDerGeld, Manager of Licensing, 519-904-5605
PREPARED BY: Kristin VanDerGeld, Manager of Licensing, 519-904-5605
WARD(S) INVOLVED: All
DATE OF REPORT: April 17, 2025
REPORT NO.: COR -2025-199
SUBJECT: Integrating Licensing By-laws into the City's Administrative Monetary
Penalty System
RECOMMENDATION:
That a By-law be enacted to amend By-law 2024-01 as well as Chapters 553 and 599 of
the City of Kitchener Municipal Code, to facilitate the transition of enforcement and
adjudication of Licensing violations to the City's Administrative Monetary Penalty System
in accordance with Corporate Services report COR -2025-199.
REPORT HIGHLIGHTS:
The purpose of this report is to outline the plan to amend relevant by-law regulations
and facilitate the transition of adjudicating and resolving tickets for Licensing By-law
violations.
The shift from the traditional Provincial Offences Administration (POA) court system to
the City's existing Administrative Monetary Penalty System (AMPS) serves to enable
the city to more efficiently and effectively recover costs associated with fines and
charges.
This report supports the delivery of core services.
BACKGROUND:
In 2019, the City's By-law Enforcement Division launched the Administrative Monetary Penalties
(AMPS) program to manage the adjudication and resolution of penalty notices (formerly referred
to as tickets) issued for parking by-law violations. The AMPS program removed the adjudication
process from the traditional Provincial Offences Court and introduced a municipally administered
dispute resolution system. This system allows individuals to request a screening of their penalty
notice, and if they are unsatisfied with the decision, they can request a hearing with an
independent Hearing Officer, appointed by Council.
The feedback received has consistently indicated that the AMPS process has been beneficial
for the City, offering an efficient, flexible, and adaptable means for residents to resolve penalty
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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notice disputes. Following this success, in 2024, the By-law Enforcement Division expanded
the AMPS program to cover the City's non -parking by-laws, excluding Zoning. As with the
earlier transition, this extension has proven to be an effective dispute resolution mechanism.
REPORT:
The City's Business Licensing By-law, Chapter 599, governs more than 25 types of commercial
business operations within the City. Additionally, in August of last year, Council passed a new
Lodging House By-law, Chapter 553, to provide opportunities for more affordable housing types
while prioritizing health and safety.
At present, when staffs efforts to achieve compliance with these Chapters are unsuccessful,
legal action may be necessary. This could involve initiating a prosecution under the Provincial
Offences Act.
These proceedings are managed through the Region's Provincial Offences Court, which falls
under the jurisdiction of the Region of Waterloo. Although the Provincial Offences process has
been effective for adjudicating prosecutions, it does present certain challenges. The high volume
of provincial and municipal offence tickets, combined with limited court availability and
resources, lead to backlogs and put pressure on the court system. These factors may cause
delays and, in some cases, result in the withdrawal of minor provincial and municipal matters.
While the Province has indicated legislative changes to streamline the judicial appointments
process in an effort to reduce the existing backlog of cases before the Courts, at this time,
implementing details, including timing are unknown.
Implementing licensing by-laws into AMPS would;
• provide a more informal and less intimidating approach to resolving by-law enforcement
issues for individuals,
• faster resolution of violations and reduces the burden on the judicial system,
• penalties can be tailored to the severity of the infraction (e.g., scaled fines),
• penalties collected can be reinvested into enforcement or compliance programs, though
the primary goal would remain deterrence, and
• more cost effective by saving both the municipality and respondent time and legal
expenses.
Given the above and considering the success of the City's transition of parking and non -parking
by-law violations from the provincial court system to the AMPS program since 2019, staff
recommend that transitioning the City's Licensing By-laws be the next logical step.
To support this transition, several by-law amendments are necessary. These amendments,
which require Council's consideration, are outlined as follows:
1. Administrative Monetary Penalty System By-law #2024-01
To issue penalty notices for by-law violations, the specific provisions of the by-law that constitute
an offence must be designated under the AMPS By-law, along with the corresponding penalty
amounts. The parking and non -parking by-laws enforced by the By-law Enforcement Division
Page 8 of 673
have already been designated and listed in Schedule "A" of By-law 2024-01. The proposed
amending by-law will add the penalty schedules for Chapters 553 and 599 to the existing
Schedule 'A" thereby designating the necessary provisions and specifying the applicable
penalty amounts.
The penalty amounts proposed for Chapter 553 (Lodging Houses) range from $1,000 for a first
offence to $1,500 for second and subsequent offences. These amounts are considered
appropriate and proportional, serving as an effective deterrent—particularly given that the cost
of an initial business licence is $750. Moreover, the operation of lodging houses directly impacts
the health and safety of occupants and surrounding communities. As such, ensuring compliance
through meaningful penalties is essential to support safe, well-managed housing environments
and to discourage non-compliance that could pose risks to residents and the public.
The penalty amounts for proposed for Chapter 599 (Business Licensing) range from $300 for a
first offence to $500 for second and subsequent offences for violations considered to pose a
relatively low level of risk. For more serious violations—those with greater implications for public
safety, consumer protection, or nuisance control—penalties range from $500 for a first offence
to $750 for second and subsequent offences. These penalty amounts are intended to reflect the
potential impact of non-compliance on the community and ensure that businesses operate
responsibly, maintaining standards that protect the public and minimize disruptions to
surrounding areas.
2. Chapter 553 – Lodging House
The proposed by-law will include a provision authorizing staff to add any unpaid penalties,
deemed to be in default after the due date, to the property taxes of the associated lodging
house—provided that the individual operating the lodging house also owns the property. This
approach is consistent with provisions found in most other enforcement by-laws within the City
of Kitchener.
3. Chapter 599 – Business Licensing
The proposed by-law will introduce the necessary penalty provisions into Chapter 599, which
currently don't exist, as it was enacted before the City transitioned to using AMPS for by-law
enforcement. These provisions are required to authorize the issuance of AMPS penalty notices,
supplementing the existing authority to issue Provincial Offences Notices.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget – The recommendation has no impact on the Capital Budget.
It is expected that any costs associated with the proposed transition can be accommodated
within the current year's Operating Budget. Any potential budget impacts in subsequent years
will be addressed during the 2026 Operating Budget planning process.
Page 9 of 673
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
REVIEWED BY:
Gloria MacNeil, Director, By-law Enforcement
Erin Mogck, Associate City Solicitor
APPROVED BY:
ATTACHMENTS:
Attachment A — Draft By-law to amend By-law 2024-01 and Chapter 553 and 599.
Page 10 of 673
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to Amend City of Kitchener By-law 2024-01,
Chapter 553 and Chapter 599 of the City of Kitchener
Municipal Code with respect to a System of Administrative
Monetary Penalties within the City of Kitchener)
WHEREAS the Council of the Corporation of the City of Kitchener has enacted By-
law 2024-01, being a By-law relating to a System of Administrative Monetary Penalties for
Violations of City of Kitchener Non -Parking By-laws;
AND WHEREAS the Council of the Corporation of the City of Kitchener has
enacted Chapter 553 (Lodging Houses) of the City of Kitchener Municipal Code to regulate
the operation of Lodging Houses within the City of Kitchener;
AND WHEREAS the Council of the Corporation of the City of Kitchener has
enacted Chapter 599 (Licensing and Regulation of Businesses) of the City of Kitchener
Municipal Code relating to the licensing of various businesses within the City of Kitchener;
AND WHEREAS the Council of the Corporation of the City of Kitchener deems it
desirous to amend By-law 2024-01 to provide for the use of Administrative Monetary
Penalties for Chapter 553 (Lodging Houses) and Chapter 599 (Licensing and Regulation
of Businesses);
AND WHEREAS the Council of the Corporation of the City of Kitchener deems it
desirous to amend Chapter 553 (Lodging Houses) and Chapter 599 (Licensing and
Regulation of Businesses) of the City of Kitchener Municipal Code to provide for the use of
Administrative Monetary Penalties;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts
as follows:
1. Schedule "A" of City of Kitchener By-law 2024-01 is hereby amended by inserting
the tables contained in Appendix "A" to this By-law, therein.
2. Article 8 of Chapter 553 of the City of Kitchener Municipal Code is amended by
deleting sections 553.8.1 and 553.8.2 and replacing the two sections with the following:
"553.8.1
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E
Any Officer may enter onto the Premises at all reasonable times and in
accordance with any applicable requirements in the Municipal Act, 2001, as
amended, to inspect any Lodging House in respect of which a Person is required
to be licensed under this Chapter.
553.8.2
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this Chapter."
3. Article 11 of Chapter 553 of the City of Kitchener Municipal Code is amended by
deleting sections 553.11.3 and 553.11.4 and replacing the two sections with the
following:
"553.11.3
All the provisions of this by-law continue to apply in the Provincial Offences Act in
addition to the designated provisions of this by-law.
553.11.4
Sections 553.2.2, 553.3.5, 553.3.6, 553.7.8, 553.8.2 and 553.9.4, inclusive of all
subsections thereunder, of this Chapter are hereby designated as parts of this
Chapter to which the Administrative Penalty By-law applies."
4. Article 12 of Chapter 553 of the City of Kitchener Municipal Code is hereby
amended by inserting the following section therein:
"553.12.3
Where a person has not paid the administrative penalty within 30 days in
accordance with the Administrative Penalty By-law, the City may add the
administrative penalty to the tax roll for any property for which the owner or
owners are responsible for paying the administrative penalty under Section
553.11.5."
5. Article 1 of Chapter 599 of the City of Kitchener Municipal Code, as amended, is
hereby amended by adding the following definitions thereto:
"599.1.1.1
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3
"Administrative Penalty By-law" means the Administrative Penalty System for
Non -Parking By-laws, By-law Number 2024-001 of the City, as amended from
time to time, or any successor thereof;
599.1.28.1
"Designated provision" means any section of this Chapter designated in
accordance with Section 599.14.4."
6. Article 14 of Chapter 599 of the City of Kitchener Municipal Code, as amended, is
hereby amended, by adding the following subsections thereto:
"599.14.3
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this Chapter.
599.14.4
Sections 599.3.1, 599.4.5, 599.7.4, 599.8.7, 599.11.3, 599.12.4, 599.14.3,
and Schedules 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23,
24, 25, 26 and 27, inclusive of all subsections thereunder, of this Chapter
are hereby designated as parts of this Chapter to which the Administrative
Penalty By-law applies.
599.14.5
Any person who contravenes any Designated Provision of the Chapter
shall, upon issuance of a penalty notice in accordance with the
Administrative Penalty By-law, be liable to pay an administrative penalty
and any administrative fees, in accordance with the Administrative Penalty
By-law.
599.14.6
All the provisions of this by-law continue to apply in the Provincial Offences Act in
addition to the designated provisions of this by-law.
599.14.7
Where a person has not paid the administrative penalty within 30 days in
accordance with the Administrative Penalty By-law, the City may add the
administrative penalty to the tax roll for any property for which the owner or
owners are responsible for paying the administrative penalty under Section
599.14.5."
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a]
7. The Clerk of the City is hereby directed to make the 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
Municipal Code
PASSED at the Council Chambers in the City of Kitchener this day
of , 2025.
Mayor
Clerk
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Appendix "A" to By-law
Chapter 553 (Lodging House), as amended, of the City of Kitchener Municipal Code
COLUMN
COLUMN
COLUMN
COLUMN
COLUMN
1
2
3
4
5
ITEM
DESIGNATED
SHORT FORM WORDING
SET
PENALTY AMOUNT
PROVISION
PENALTY
FOR SECOND AND
AMOUNT
SUBSEQUENT
CONTRAVENTIONS
1.
553.2.2(a)
(own/operate/permit to be operated/act
$1000
$1500
in capacity of) lodging house without a
licence
2.
553.2.2(b)
(own/operate/permit to be operated/act
$1000
$1500
in capacity of) lodging house not in
accordance with regulations
3.
553.2.2(c)(i)
Operate a licensed lodging house at a
$1000
$1500
location other than the licensed
premises
4.
553.2.2(c)(ii)
Operate a licensed lodging house
$1000
$1500
under a name not identified on the
licence
5.
553.2.2(d)
Transfer/assign a licence to any other
$1000
$1500
location other than the licensed
premises
6.
553.2.2(d)
Transfer/assign a licence to any other
$1000
$1500
person
7.
553.2.2(e)
Provide false or misleading information
$1000
$1500
to Cit
8.
553.2.2(f)
Hold self out as being licensed without
$1000
$1500
a valid licence
9.
553.2.2(g)
Advertise/permit the
$1000
$1500
advertisement/operation of a lodging
house without a licence
10.
553.2.2(h)
Advertise a lodging house without
$1000
$1500
including the current licence number
11.
553.3.5
Failed to comply with section 553.3.5
$1000
$1500
namely
12.
553.3.6(a)
Permit room to be used as a bedroom
$1000
$1500
where not approved.
13.
553.3.6(b)
Permit occupancy greater than what
$1000
$1500
licence permits.
14.
553.3.6(c)
Operate a business (within) (on)
$1000
$1500
licensed remises.
15.
553.7.8
Fail to comply with condition/restriction
$1000
$1500
placed on the licence
16.
553.8.2
Hinder or obstruct Officer performing
$1000
$1500
duty
17.
553.9.4
Fail to comply with an order
$1000
$1500
Page 15 of 673
Chapter 599 (Licensing & Regulation of Businesses) as amended,
of the City of Kitchener Municipal Code
COLU
COLUMN
COLUMN
COLUMN
COLUMN
MN
2
3
4
5
1
DESIGNATE
SHORT FORM WORDING
SET
PENALTY AMOUNT
ITEM
D
PENALTY
FOR SECOND AND
PROVISION
AMOUNT
SUBSEQUENT
CONTRAVENTIONS
1
599.3.1(a)
Own/operate/permit to be operated) or act as a
$500
$750
Business as set out in Schedule 1 without a
icence
2
599.3.1.(c)(i)
Operate a licensed Business at a location other
$500
$750
than the Licensed Premises
3
599.3.1(c)(ii)
Operate a licensed Business under any name
$500
$750
other than the name(s) identified on the Licence
4
599.3.1(c)(iv)
Operate a licensed Business without complying
$500
$750
with any conditions or restrictions placed on the
Licence
5
599.3.1(f)
Hold themselves out as a licensed Business
$500
$750
without holding the appropriate Licence
6
599.4.5(a)
As Licensee, failed to post Licence in
$300
$500
conspicuous place at Licensed Premises
7
599.4.5(b)
As Licensee, failed to carry Licence when
$300
$500
engaged in a Business where the Licensee
travels from place-to-place
8
599.4.5(c)
As Licensee, failed to produce Licence for
$300
$500
nspection.
9
599.4.5(c)
As Licensee, did not permit any
$500
$750
(persons/Officers) authorized to enter the
Licensed Premises for inspection
10
599.4.5(d)
As Licensee, failed to notify Manager of
$300
$500
Licensing within fourteen (14) days of any
changes in the business contact details or
changes affecting the type of licence required.
11.
599.3.1(e)
Obtained a Licence by providing mistaken, false,
$500
$750
or incorrect information
Page 16 of 673
12.
599.4.5(f)
As Licensee, failed to comply with conditions
$500
$750
and restrictions placed on the Licence
13.
599.7.4
(operate,/permit to be operated/sell products or
$500
$750
services) while the required Licence(s) suspended
or revoked
14.
599.11.3
Fail to comply with an Order to Discontinue.
$500
$750
15.
599.12.4
Fail to comply with a Work Order.
$500
$750
16.
Schedule
As Licensee, permitted a mock auction to be
$500
$750
4(3)(b)
conducted
17.
Schedule
As Licensee, gave false sale statement to
$500
$750
4(3)(e)
(owner/purchaser) of goods
18.
Schedule 4(4)
As Licensee, failed to keep proper books
$500
$750
19.
Schedule
As Licensee, failed to ensure that all Persons
$500
$750
5(2)(b)
performing treatments are appropriately qualified
20.
Schedule
As Licensee, failed to ensure Certificate of
$300
$500
5(2)(c)
Qualification is posted in a conspicuous place
21.
Schedule
As Licensee, failed to ensure Certificate of
$300
$500
5(2)(d)
Qualification was kept and made available upon
request
22.
Schedule
As Licensee, failed to perform as a group as
$500
$750
6(2)( c)
specified on the Application
23.
Schedule
As Licensee, performed with the use of amplified
$500
$750
6(2)(d)
sound
24.
Schedule
As Licensee, obstructed (pedestrian/vehicular)
$500
$750
6(3)(b)
traffic
25.
Schedule
As Licensee, did permit their audience to
$500
$750
6(3)( c)
obstruct (pedestrian/vehicular) traffic
26.
Schedule
As Licensee, failed to have contact information
$300
$500
7(2)(b)
printed on all documents
27.
Schedule
As Licensee, failed to keep a safety check for
$500
$750
9(2)(a)
each of the motor vehicles over two years old
28.
Schedule
As Licensee, failed to ensure every motor
$500
$750
9(2)(b)(i)
vehicle has a visible roof sign
29.
Schedule
As Licensee, failed to provide proof of a current,
$500
$750
9(2)(c)
unrestricted driving instructor's licence
Page 17 of 673
31.
Schedule
As Licensee, failed to keep a record stating
$500
$750
9(2)( e)
vehicle information
32.
Schedule
As Licensee, failed to keep a record of the name
$500
$750
9(2)(f)
and address of each driving instructor
33.
Schedule 11
$500
$750
(2)(a)
Did not make available Premises is licensed
under the Liquor Licence Act
34.
Schedule
As Licensee, failed to post the occupancy load in
$300
$500
11 (2) (c)
a conspicuous place
35.
Schedule
As Licensee, failed to have a Licence for each
$500
$750
12(2)(a)
Food Truck
36.
Schedule
As Licensee, failed to equip the Food Truck with
$300
$500
12(2)(f)
a refuse container
37.
Schedule
As Licensee, failed to ensure that no damage
$500
$750
12(2)(1)
was caused to City property
38.
Schedule
As Licensee, failed to ensure there was no use
$300
$500
12(2)0)
of any loud (speakers/amplifiers/hailing
devices/music players)
40.
Schedule
As Licensee, failed to ensure that the Municipal
$300
$500
12(3)
Plate was securely affixed to the rear of the
Food Truck
41.
Schedule
As Licensee, did permit a Food Truck to
$500
$750
12(9)
(operate/permit to be operated) at a Special
Event, without invitation and being named on the
Special Event Licence
42.
Schedule
As Licensee, did (operate/permit to be
$500
$750
12(9)(b)
operated/sold) refreshments from any Food
Truck in any area where a restaurant is not
permitted by the Zoning By-law except as
permitted by a Special Event Licence
43.
Schedule
As Licensee, did (operate/permit to be
$500
$750
12(9)( c)
operated/sold) refreshments from any Food
Truck on private property without the written
consent of the property owner and Licensing
Manager
44.
Schedule
As Licensee, did (operate/permit to be
$500
$750
12(9)(d)
operated/sold) refreshments from any Food
Truck within ten (10) metres from any building
where a Food Shop is located
45.
Schedule
As Licensee, did (operate/permit to
$500
$750
12(9)( e)
operated/sold) refreshments from any Food
Page 18 of 673
Page 19 of 673
Truck located within 90 metres from the property
line of (public/separate/private) school on any
school day between 9:00 a.m. and 4:30 p.m.
46.
Schedule
As Licensee, failed to display the occupancy
$300
$500
13(2)(a)
load
48.
Schedule
As Licensee, upon inspection failed to disclose
$500
$750
13(2)(c)
any flammable or combustible liquids
49.
Schedule 14
As Licensee, failed to have Certificate of
$300
$500
(2)(d)
Qualification while performing services
50.
Schedule
As Licensee, failed to display the Licence and
$300
$500
15(2)(a)
occupancy load
51.
Schedule
As Licensee, failed to disclose any flammable
$500
$750
15(2)(b)
materials
52.
Schedule
As Licensee, failed to disclose any
$500
$750
15(2)(c)
(flammable/combustible) liquids
53.
Schedule
As Licensee, failed to report to the Waterloo
$500
$750
15(3)
Regional Police Services when a motor vehicle
is believed to be (stolen/abandoned)
54.
Schedule
As Licensee, failed to ensure that all Motor
$500
$750
15(4)
Vehicles are parked within the boundaries of the
property
55.
Schedule
As Licensee, failed to ensure the Licence and
$300
$500
16(2)(a)
occupancy load was posted in a conspicuous
place
56.
Schedule
As Licensee, failed to ensure uniformed
$500
$750
16(2)(b)
attendant is present at Nightclub for the purpose
of regulating line up to prevent obstruction
57.
Schedule
As Licensee, failed to maintain record of
$500
$750
17(2)(a)
(gold/jewellery/precious metals)
(purchased/acquired)
58.
Schedule
As Licensee, obtained any
$500
$750
17(3)(b)
(gold/jewellery/precious metals) between the
hours of 11:00 p.m. and 7:00 a.m.
59.
Schedule
As Licensee, obtained any
$500
$750
17(3)(c)
(gold/jewellery/precious metals) without
obtaining identification pertaining to the person
(selling/exchanging/disposing) of the
(gold/jewellery/precious metals)
60.
Schedule
As Licensee (altered/repaired/disposed) of any
$500
$750
17(3)(d)
(gold/jewellery/precious metals) within fifteen
days of the (purchase/acquisition) date
Page 19 of 673
10
61.
Schedule
As Licensee, failed to post in a conspicuous
$300
$500
18(2)(a)
place a list of all services and rates available
62.
Schedule
As Licensee, failed to post in a conspicuous
$300
$500
18(2)(b)
place the types of Animals on site
63.
Schedule
As Licensee, failed to
$500
$750
18(2)(c)
keep records of each incoming and outgoing
Animal, including name and address of owner,
and date of arrival and departures
64.
Schedule
As Licensee, failed to allow records to be
$500
$750
18(2)(d)
inspected
65.
Schedule
As Licensee, failed to maintain the facility in a
$500
$750
18(2)(e)
clean and sanitary condition
66.
Schedule
As Licensee, failed to ensure that all Animals are
$500
$750
18(2)(h)
kept safe and secure
67.
Schedule
As Licensee, failed to ensure all Animals are fed
$500
$750
18(2)(1)
and watered daily
68.
Schedule
As Licensee, failed to ensure all Animals are
$500
$750
18(2)(1)
kept in a clean and healthy condition free of
vermin and disease
69.
Schedule 18
As Licensee, failed to ensure that all food and
$500
$750
(2)(k)
water bowls are made of impermeable material,
and are cleaned and disinfected daily
70.
Schedule
As Licensee, failed to ensure that the Licensed
$500
$750
18(2)(1)
Premises is adequately lighted.
71.
Schedule
As Licensee, failed to ensure that a healthful
$500
$750
18(2)(m)
temperature was maintained for every Animal
72.
Schedule
As Licensee, failed to have an attendant on site
$500
$750
18(2)(n)
or available at all times when animals are
present
73.
Schedule
As Licensee, failed to ensure that concrete or
$500
$750
18(9)
impermeable material is used for floor and walls
74.
Schedule
As Licensee, failed to ensure that when
$500
$750
18(10)
operating a (Breeding /Boarding) Kennel that the
flooring is self -draining and connected to the
sanitary sewer
75.
Schedule
As Licensee, failed to ensure that the
$500
$750
18(11)
(owner/operator) of a (Breeding/Boarding
Kennel/Doggie Daycare) has an exercise area
provided for dogs
Page 20 of 673
11
76.
Schedule
As Licensee, failed to ensure that a bedding box
$500
$750
18(12)
with proper bedding was provided when floors
do not have heat
77.
Schedule
As Licensee, failed to ensure that open-air runs
$500
$750
18(12)
are properly fenced and adequately shaded
78.
Schedule
As Licensee, failed to ensure that yards and
$500
$750
18(13)
runways have a fence
79.
Schedule
As Licensee, failed to ensure yards and runways
$500
$750
18(14)
are clean
80.
Schedule
As Licensee, acquired an animal from a source
$500
$750
19(2)
other than an approved source
81.
Schedule
As Licensee, failed to post a list of Animals
$500
$750
19(3)(b)
prohibited by the City
82.
Schedule
As Licensee, failed to keep Animals in clean
$500
$750
19(3)(c)
quarters with a healthful temperature
83.
Schedule
As Licensee, failed to ensure proper collection
$300
$500
19(3)(d)
and disposal of garbage
84.
Schedule
As Licensee, failed to ensure that cages were a
$500
$750
19(3)(e)
sufficient size
85.
Schedule
As Licensee, failed to ensure that all cages
$500
$750
19(3)(e)
could not be overturned
86.
Schedule 19
As Licensee, failed to ensure that each bird cage
$500
$750
(3)(f)
was of sufficient size
87.
Schedule
As Licensee, failed to adequately feed and water
$500
$750
19(3)(g)
Animals
88.
Schedule
As Licensee, failed to keep and maintain a
$500
$750
19(3)(h)
detailed register for twenty-four months for
Animals (purchased/obtained)
89.
Schedule
As Licensee that (keeps/sells/offers for sale) any
$500
$750
19(4)(b)
restricted Animals, failed to obtain contact
information of restricted Animal purchaser
90.
Schedule
As Licensee that (keeps/sells/offers for sale) any
$500
$750
19(4)(c)
restricted Animals, failed to submit contact
information to Animal Service Provider of
Kitchener resident who purchased restricted
Animals
91.
Schedule
As Licensee, displayed an animal inadequately
$500
$750
19(5)(c)
92.
Schedule
As Licensee, (sold /gave away) any dog under
$500
$750
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12
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19(5)(d)
the age of eight weeks
93.
Schedule
As Licensee, (sold/ gave away) any cat under
$500
$750
19(5)(e)
the age of eight weeks
94.
Schedule
As Licensee, failed to ensure that nothing
$500
$750
21(2)(a)
obstructed entrances and exits
95.
Schedule
As Licensee, failed to display the Business
$300
$500
21(2)(b)
Licence and occupancy load
96.
Schedule
As Licensee, failed to ensure there was
$300
$500
21(3)(a)
adequate clearance around machines
97.
Schedule
As Licensee, failed to ensure a washroom was
$500
$750
21(3)(b)
provided
99.
Schedule
As Licensee, did operate at one specific location
$500
$750
22(2)(b)
for more than 250 days
100.
Schedule
As Licensee, failed to post notice that the
$300
$500
22(2)(c)
location is temporary
101.
Schedule
As Licensee, failed to display the Licence and
$300
$500
23(2)(a)
occupancy load
102.
Schedule
As Licensee, failed to have a person at least 18
$500
$750
23(2)(b)
years old provide supervision
103.
Schedule
As Licensee, rented out kitchen to a catering
$500
$750
23(3)( c)
company (not licensed/ without Health or Fire
approval)
104.
Schedule
As Licensee, operated a refreshment vehicle on
$500
$750
24(5)
public property
106.
Schedule
As Licensee, failed to operate every vehicle
$500
$750
24(6)(g)
under the licensed Business name
107.
Schedule
As Licensee, operated at a Special Event
$500
$750
24(7)(a)
without being invited
108.
Schedule
As Licensee, operated at a Special Event
$500
$750
24(7)(b)
without being listed as a vendor on the Licence
109.
Schedule
As Licensee, used (loud
$300
$500
24(7)(c)
speakers/amplifiers/hailing devices)
110.
Schedule
As Licensee, (operated/permitted to be
$500
$750
24(7)(d)
operated/sold refreshments) from Refreshment
Vehicle in a prohibited area
111.
Schedule
As Licensee, was located within 200 metres
$500
$750
24(8)(a)
from any lot where a Licensed Food Shop is
located
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13
112.
Schedule
As Licensee, was located within 400 metres
$500
$750
24(8)(b)
from any lot where a Licensed Class "A"
Refreshment Vehicle is located
113.
Schedule
As Licensee, did not equip vehicle with a refuse
$300
$500
24(11)(b)
container
114.
Schedule
As Licensee, did not use (soft -toned bell/chime)
$300
$500
24(11)(c)
115.
Schedule
As Licensee, did not equip drivers with bright
$300
$500
24(11)(d)
and clean wearing apparel
116.
Schedule
As Licensee, did permit the vehicle to stop for
$500
$750
24(12)(b)
longer than 10 minutes at a location
117.
Schedule 24
As Licensee, did permit the operation on a
$500
$750
(12)(d)(i)
highway
118.
Schedule 24
As Licensee, did permit the operation between
$500
$750
(12)(d)(ii)
9:00 pm and 9:00 am
119.
Schedule 24
As Licensee, did permit the operation on a
$500
$750
(12)(d)(iii)
highway adjacent to any public park, playground
or athletic field where refreshments are available
120.
Schedule
As Licensee, did permit the operation on private
$500
$750
24(12)(d)(iv)
property without permission
121.
Schedule
As Licensee, did permit the operation within 30
$500
$750
24(12)(d)(v)
metres of an intersection
122.
Schedule
As Licensee, did permit the operation within 90
$500
$750
24(12)(d)(vi)
metres of a (public/separate/private) school
property line between 9:00 am and 4:30 pm on a
school day
123.
Schedule
As Licensee, did permit the operation within 90
$500
$750
24(12)(d)(vii)
metres of land occupied by a business that sells
similar products
124.
Schedule
As Licensee, did not obtain permission from the
$500
$750
24(13)(a)
private property owner
125.
Schedule
As Licensee, obstructed (pedestrian/vehicular)
$500
$750
24(13)(b)
traffic
126.
Schedule
As Licensee, obscured visibility of
$500
$750
24(13)(c)
(pedestrian/vehicular) traffic
127.
Schedule
As Licensee, failed to have written permission
$500
$750
25(2)(1)
from private property owner
128.
Schedule
As Licensee, failed to provide a description of all
$500
$750
25(2)(ii)
(merchandise/food/goods/services)
Page 23 of 673
14
129.
Schedule
As Licensee, failed to provide a list of all vendors
$500
$750
25(2)(iii)
attending the event
130.
Schedule
As Licensee, failed to provide evidence of
$500
$750
25(2)(v)
authorization pursuant of Technical Standards
and Safety Act, 2000, for rides
131.
Schedule
As Licensee, failed to ensure there are
$500
$750
25(2)(vii)
washroom facilities, refuse receptacles, and
security measures
132.
Schedule
As Licensee, (sold/offered) for sale
$500
$750
25(3)(b)
(goods/services) not identified in the Licence
133.
Schedule
As Licensee, operated later than 11:30 p.m.
$500
$750
25(4)
134.
Schedule
As Licensee, failed to ensure patrons were
$500
$750
25(4)
cleared by 12:30 a.m.
135.
Schedule
As Licensee, failed to operate in one of the
$500
$750
26(2)(1)
designated locations
136.
Schedule
As Licensee, used loud
$300
$500
26(2)(iv)
(speakers/amplifiers/hailing device/music
players)
137.
Schedule
As Licensee, failed to remove (refuse
$300
$500
26(2)(v)
container/debris) at the conclusion of the day
138.
Schedule
As Licensee, operated (before 9:00 a.m./later
$500
$750
26(2)(vi)
than 11:59 p.m.)
139.
Schedule
As Licensee, failed to provide written permission
$500
$750
27(2)(a)
of private property owner
140.
Schedule
As Licensee, failed to provide a description of all
$500
$750
27(2)(b)
merchandise or services offered
141.
Schedule
As Licensee, (sold/offered for sale) any
$500
$750
27(3)(a)
(goods/services) not listed in Licence
142.
Schedule
As Licensee, operated within 400 metres of a
$500
$750
27(3)(b)
Permanent Vendor selling similar
(goods/services)
Page 24 of 673