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Home My WebLink AboutChapter 500 - General Provisions - Issue of Licences LICENCE Chapter 500 GENERAL PROVISIONS ISSUE OF LICENCES Article 1 INTERPRETATION 500.1.1 Application-defined 500.1.2 Chapter-defined 500.1.3 City-defined 500.1.4 Council-defined 500.1.5 Manager of Licensing-defined 500.1.6 Operator-defined 500.1.7 Person-defined Article 2 GENERAL PROVISIONS 500.2.1 Application-Licensing Chapters 500.2.2 Conflict-other enactments 500.2.3 Application-fees-required documents 500.2.4 Information-change-notice to Licensing Officer 500.2.5 Application received-investigations as required 500.2.6 Applicant investigation-documentation required 500.2.7 Licence-expiry-December 31 -current year 500.2.8 Transfer-licence-prohibited 500.2.9 Operation in conformity with all regulations-Acts 500.2.10 Human Rights Code-compliance 500.2.11 Working dog-disabled person-permitted KITCHENER 500.1 JANUARY 2005 500.1.1 GENERAL PROVISIONS -ISSUE OF LICENCES 500.1.2 500.2.12 Licence-posted-conspicuous-at all times 500.2.13 Inspection-vehicle-premises-at all reasonable times 500.2.14 Dwelling unit-inspection-regulation 500.2.15 Inspection-premises-to ensure compliance 500.2.16 Inspection-documents-examination-tests 500.2.17 Enforcement-authority 500.2.18 Licensed tourist establishment-exception 500.2.19 Enforcement-responsibility-other assistance Article 3 VALIDITY 500.3.1 Severability Article 4 REPEAL-ENACTMENT 500.4.1 By-law-previous 500.4.2 Effective date WHEREAS it is deemed expedient to exercise the powers conferred on Council by the Municipal Act, 2001, S.O.2001,c. 25. Article 1 INTERPRETATION 500.1.1 Application-defined "application" Shall include an application for a licence or renewal of a licence on the form provided by the Manager of Licensing and where per- mittedby the Manager of Licensing shall also include a verbal request for re- newal of a licence. 500.1.2 Chapter-defined "Chapter"Shall refer to a by-law of the City which has been incorporated into The City of Kitchener Municipal Code and assigned a Chapter number therein unless inconsistent with the context in which the word is used. AUGUST 2011 500.2 KITCHENER 500.1.3 GENERAL PROVISIONS -ISSUE OF LICENCES 500.2.5 500.1.3 City-defined "City"means The Corporation of the City of Kitchener. 500.1.4 Council- defined "Council"means the Council of The Corporation of the City of Kitchener. By-law 2004-254,6 December,2004. 500.1.5 Manager of Licensing-defined "Manager ofLicensing"means the Manager ofLicensing appointed by Council of the City or in his/her absence the City Clerk appointed by Council of the City. By-law 2004-254,6 December,2004;By-law 2006-226,27 November,2006. 500.1.6 Operator-defined "operator" means a person who, alone or with others, operates, manages, runs,or controls and"operate(s)"has a corresponding meaning. 500.1.7 Person-defined "person"includes a corporation and a partnership and the heirs,executors, administrators and other legal representatives of a person to whom the con- text can apply according to law. Article 2 GENERAL PROVISIONS 500.2.1 Application-Licensing Chapters The provisions of this Chapter 500 apply to any Chapter governing,regulat- ing or licensing any trade, occupation,calling or business that specifically states that the provisions of Chapter 500 shall apply to it. 500.2.2 Conflict-other enactments In the event of a conflict between any of the provisions in this Chapter 500 and a provision in another Chapter to which this Chapter 500 applies, the provision of the other Chapter shall govern to the extent of the conflict. 500.2.3 Application-fees-required documents Every application shall be accompanied by the applicable licence fee and any documentation or forms required by the Manager of Licensing. 500.2.4 Information- change-notice to Licensing Officer Every person shall advise the City's licensing office in writing forthwith, and in advance where possible,of any change to information provided to the City on the application. 500.2.5 Application received-investigations as required Upon receipt of an application, the Manager of Licensing shall make or cause to be made all investigations which he/she deems necessary or which are required by Council relative to the application. By-law 2004-254, 6 December,2004. KITCHENER 500.3 AUGUST 2011 500.2.6 GENERAL PROVISIONS -ISSUE OF LICENCES 500.2.11 500.2.6 Applicant investigation- documentation required The Manager of Licensing may require the applicant to have investigations conducted by,to obtain documentation from and provide to the Manager of Licensing,or have documentation provided by any of the following or their designates:the Deputy CAO,Infrastructure Services,Director ofTranspor- tation Planning, Chief Fire Prevention Officer, Chief Building Official, Manager,Development Review, Supervisor of Farmers'Market,Regional Medical Officer of Health,Director of Enforcement,Electrical Safety Au- thority,Kitchener Waterloo and North Waterloo Humane Society,the appli- cant's local Police Services Board and the Waterloo Regional Police Services. By-law 2004-254, 6 December, 2004; By-law 2011-047, 28 March,2011. 500.2.7 Licence-expiry-December 31 - current year A licence issued under a Chapter to which the provisions of this Chapter 500 apply,shall be for the calendar year current at the time it is issued and shall expire on the 31st day of the December immediately following the date of such licence unless the licence is revoked at an earlier time. 500.2.8 Transfer-licence-prohibited Every licence issued under a Chapter to which the provisions of this Chapter 500 apply is issued on the condition that it is personal and no person shall as- sign or transfer the licence. 500.2.9 Operation in conformity with all regulations-Acts Every holder of a licence issued under a Chapter to which the provisions of this Chapter 500 apply shall ensure that the business or operation licensed by the City shall be conducted in conformity with the provisions of any applica- ble federal or provincial Act,and any regulation made thereunder,and any by-law of the City purporting to govern or regulate the said operation. 500.2.10 Human Rights Code-compliance No holder of a licence issued under a Chapter to which the provisions of this Chapter 500 apply shall permit,infringe or do,directly or indirectly, anything that infringes a right set out in the Human Rights Code,in rela- tion to or during the carrying on of the trade,calling,business or occupa- tion in respect of which the licence is issued. 500.2.11 Working dog-disabled person-permitted No holder of a licence issued under a Chapter to which the provisions of this Chapter 500 apply shall refuse to permit a dog that has been trained at an accredited facility,while being used as a working dog to assist a dis- abled person,to enter and remain on his/her premises during the carrying on of the trade, calling,business or occupation in respect of which the licence is issued. APRIL 2011 500.4 KITCHENER 500.2.12 GENERAL PROVISIONS -ISSUE OF LICENCES 500.2.16 500.2.12 Licence-posted-conspicuous-at all times Every person holding a licence issued under a Chapter to which the pro- visions of this Chapter 500 apply,where the licence applies to premises, shall keep his/her licence posted in a conspicuous place in the licensed premises and shall ensure that the said licence remains so posted during the time it is in force. 500.2.13 Inspection-vehicle-premises-at all reasonable times Every licence issued under a Chapter to which the provisions of this Chapter 500 apply is issued subject to the condition that every place 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 in- spected at any reasonable time by the Waterloo Regional Chief of Police or any Police Officer,Licence Inspector,the Fire Prevention Officer,the Di- rector of Building,the Director of Enforcement and any person or inspector duly authorized on their behalf or otherwise authorized by Council and no person shall refuse admission to such officer or person, after a demand to inspect has been made. 500.2.14 Dwelling unit-inspection-regulation Notwithstanding Section 500.2.13, inspections of space being used as a dwelling unit shall be conducted in accordance with the provisions of the Municipal Pict, 2001. By-law 2004-254,6 December,2004. 500.2.15 Inspection-any premises-to ensure compliance An inspection of any premises to which any provisions of this Chapter apply may be conducted to determine whether or not the following are being com- plied with: (a) any by-law under the MunicipalAct,,2001,including this Chap- ter; (b) a direction or order of the City made under the Municipal Pict, 2001 or made under a by-law of the municipality passed under the Municipal Act, 2001; (c) a condition of a licence issued under a by-law of the municipal- ity passed under the Municipal Act, 2001; (d) an order made under section 431 of the MunicipalAct,2001,c. 25. 500.2.16 Inspection-documents-examination-tests For the purposes of an inspection of any premises to which any provisions of this Chapter apply, the City including any agent or representative thereof may: KITCHENER 500.5 AUGUST 2011 500.2.17 GENERAL PROVISIONS -ISSUE OF LICENCES 500.3.1 (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect documents or things relevant to the inspection; (c) require information from any person concerning a matter re- lated to the inspection;and (d) alone or in conjunction with a person possessing special or ex- pert knowledge, make examination or take tests, samples, or photographs necessary for the purposes of the inspection. By-law 2011-127,29 August,2011. 500.2.17 Enforcement-authority Council hereby authorizes the Waterloo Regional Police Services or any of- ficer thereof to act as agent for the City for the purpose of enforcing any Chapter to which the provisions of this Chapter 500 apply. 500.2.18 Licensed tourist establishment- exception The keeper of a tourist establishment that is licensed under the Tourism Pict, shall not be required to obtain any licence hereunder for the operation of the licensed tourist establishment or for the operation of an ice cream parlour, restaurant,or cafe or the sale of non-intoxicating drinks and beverages,ci- gars,cigarettes or tobacco provided such services or facilities are operated in connection with the licensed tourist establishment. 500.2.19 Enforcement-responsibility-other assistance The Manager of Licensing is hereby charged with the responsibility for the enforcement of this Chapter and the City Solicitor, City Clerk,Director of Enforcement and any other municipal official are hereby required to render the Manager of Licensing any reasonable assistance in that regard. Article 3 VALIDITY 500.3.1 Severability It is hereby declared that each and every of the foregoing Sections of this Chapter 500 is severable and that, if any provisions of this Chapter 500 should for any reason be declared invalid by any court,it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. AUGUST 2011 500.6 KITCHENER 500.4.1 GENERAL PROVISIONS -ISSUE OF LICENCES 500.4.2 Article 4 REPEAL-ENACTMENT 500.4.1 By-law-previous The contents of the previous Chapter 500 are hereby repealed as of January 1,2005. 500.4.2 Effective date This Chapter comes into force and effect on January 1, 2005. By-law 2004-254, 6 December,2004. KITCHENER 500.7 AUGUST 2011