HomeMy WebLinkAboutCRPS-06-018 - Public Meeting - Amend Schedule "A" - Business Licence Procedures for All Applicable Chapters in Municipal CodeReport To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: February 6, 2006
Submitted By: R. Gosse, Director of Legislated Services/Deputy City Clerk
Prepared By: Patricia Harris, Manager of Licensing
Ward(s) Involved:
Date of Report: January 30, 2006
Report No.: CRPS-06-018
Subject: PUBLIC MEETING - AMENDMENT TO SCHEDULE `A' -
BUSINESS LICENCE PROCEDURE FOR ALL APPLICABLE
LICENSING CHAPTERS IN THE CITYOF KITCHENER
MUNICIPAL CODE
RECOMMENDATION:
That a by-law to amend Schedule `A' -Business Licence Procedure for all applicable
Licensing Chapters in the City of Kitchener Municipal Code be prepared for Council's
consideration on February 13, 2006, based on the proposed by-law dated January 30,
2006 attached to Corporate Services Report CRPS-06-018.
BACKGROUND:
At the Council meeting of January 16, 2006 it was resolved that "staff prepare a by-law to
amend all applicable Licensing Chapters of the Municipal Code to change the word "shall" to
"may" in Section 7 of all Schedules `A' (Business Licence Procedure} and further;
That staff initiate the required public process with respect to the amending by-law.
REPORT:
In late 2004, City Council passed various business licensing by-laws that each included a
Schedule "A" -Business Licence procedure. This Schedule sets out the procedure that the
Manager of Licensing is to follow when an incomplete application is received or when an
application or licensee does not meet the requirements of the by-law or contravenes any other
by-law or federal or provincial statute. It also sets out the nature of penalties that Council may
hand out to a Licensee such as refusal, suspension, revocation or adding of conditions to the
licence.
Prior to these new by-laws being passed, the Manager of Licensing was given discretion to
determine when a licence application or licensee was required to appear before Council or a
Committee of Council. Schedule "A" now states the Manager "shall" refer an incomplete
application to Council in certain circumstances, removing any previous discretion. This lack of
discretion has created problems over the past year.
Some examples of this lack of discretionary power are as follows:
When a licensee is charged with a by-law infraction and acknowledges their guilt, the licensee
may wish to enter a guilty plea. Guilty pleas can save court and staff time, reduce costs and
bring a quick conclusion to the matter. If a licensee is aware that even if the offence they have
committed is minor, and they have acknowledged their guilt and taken all necessary steps to
ensure future compliance that they will still be required to appear at a Licensing Hearing upon a
conviction being registered, this may deter them from entering a guilty plea. This becomes
especially relevant when the defendant is aware that the by-law contemplates suspension or
revocation of a licence through the hearing process.
As well, in some cases a business or individual may be in contravention of certain licensing by-
law requirements at the time of their application. The Licensing Section would like to have the
discretion to work with the licenseelapplicants towards making the necessary arrangements to
ensure compliance. Without the proposed discretionary power, the Manager of Licensing would
be forced to refer even minor matters that could be amicably resolved to licensing hearings
notwithstanding the co-operation of the applicant.
Although the change from "shall" to "may" appears relatively minor, it allows the Manager of
Licensing more discretionary power when determining whether an application or licence should
be brought to a Licensing hearing. The most serious of violations would still be brought to
Council to allow Council to determine the appropriate consequences.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
A Public Notice was placed in The Record on January 27, 2006 advising this amending by-law
would be considered on February 6, 2006.
(MRS) PATRICIA HARRIS
MANAGER OF LICENSING