The Corporation of the TOWN OF MILTON

Transcription

1 The Corporation of the Report to: From: Chair & Members of the Administration & Planning Standing Committee Troy McHarg, Town Clerk, Executive Services Department Date: November 15, 2004 Report No. ES Subject: Business Licensing By-law RECOMMENDATION: THAT Staff Report ES be received; EXECUTIVE SUMMARY AND THAT once all comments have been received and reviewed, the Town Clerk forward the Business Licensing By-law to Council for approval. In order to address the needs of Milton s growing population, Clerks staff has prepared a new general business licensing by-law attached as Appendix A to this staff report. It is anticipated that the by-law will be brought before Council for adoption at its meeting of December 6, REPORT Background Copies of the draft business licensing by-law were sent to Town departments, Health department, Police and Humane Society for comment. Letters were sent on October 22, 2004 to businesses that are presently licensed to inform owners of the public meeting Letters were also sent on October 22, 2004 to all personal service businesses in Milton listed in the yellow pages Letters were also sent on November 2nd, 2004 to the New Country Heritage Park, Milton District Hospital Auxiliary, Renaissance Festival and the Halton Agricultural Society. The proposed business licensing by-law was posted on the Town s web site on October 22, 2004

2 Page No. 2 Background (Cont d) The public meeting for the proposed business licensing by-law was advertised in the North Halton Compass and Milton Champion on October 29 th and November 5 th, Discussion The Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that businesses may only be licensed for the following reasons: health and safety, nuisance control and consumer protection. Staff propose to license the following businesses: personal service, pawnbrokers, transient traders, commercial refreshment vehicles, auctioneers, salvage yards, second hand dealers, food sales and kennels. All of the above listed businesses are licensed at present with the exception of personal services and pawnbrokers. Presently, most classes of business licenses have independent by-laws. Staff believe it is more appropriate to have one comprehensive by-law for business licensing, save and except specialized by-laws such as adult entertainment and the taxi licensing by-laws. Personal Service Businesses This would include businesses that provide personal care procedures for any part of the body and includes, but is not limited to, acupuncture, hair cutting, manicuring and nail treatments, electrolysis, aesthetics, tattooing and micropigmentation, body and ear piercing. Staff propose to license these businesses for purpose of consumer protection and health and safety. The Halton Region Health Department has requested all local municipalities license this type of business and include, as a condition of the license, the need to comply with the Personal Service Settings Protocol created by the Ministry of Health under the authority of the Health Protection & Promotion Act. The Health Department has the authority to inspect and enforce compliance of issues related to reducing "health hazards" and/or to reduce the risk of human infection. However, since a regulation was not created, enforcement has to be

3 Page No. 3 Personal Service Businesses taken through the part 3 offence format. Under the licensing by-law, set fines can be established to allow enforcement officers the choice of writing a ticket when violations of the by-law are present. The inclusion of personal service businesses in Milton s licensing by-law gives the Health Department a more expedient method to obtain compliance with those items that are more difficult to enforce, such as general sanitation, hand towels, hot running water etc. under the health hazard section of the Act. These are very costly and time consuming to process. The Health Department presently inspects all premises a minimum of once per year with the exception of the very low risk type operations such as a (single unit operation) barber shop or hair dresser operation and investigates complaints, taking action as may be required from time to time. The definition of personal service has been amended since the original draft was published to clarify that those practitioners who are otherwise duly qualified, licensed or registered under the laws of the province, would be exempt. Pawnbrokers Staff proposed to license pawnbrokers for purpose of consumer protection. Pawnbrokers must be licensed pursuant to Pawnbrokers Act, R.S.O. 1990, c. P.6 Transient Traders Transient Traders, also known as hawkers and peddlers, are persons that sell goods for sale other than on a permanent basis. Includes day sales, seasonal sales, door-to-door sales, antique, manufacturing and craft shows, and flea markets. Staff propose to license for consumer protection. New provisions for transient traders include the requirement for those involved with door to door sales to provide a criminal records check; Medical Officer of

4 Page No. 4 Health inspection report for the sale of foodstuffs, where applicable; sign requirements for various classes of Transient Trader. Commercial Refreshment Vehicles (CRV) Auctioneer Staff propose to continue to licence CRV s for nuisance control and health and safety. This class of business includes catering and ice cream trucks, ice cream bikes, hot dog carts and chip trucks. Basically, the proposed by-law contains the same requirements for licensing as currently exist. New provisions include: provision of a photo of the CRV upon application to ensure that the vehicle is not altered in any way during the licensing period and only one licensed vendor of refreshments shall be permitted per location/property or premises. Staff propose to license for consumer protection. Licensing requirements remain unchanged. The rules and regulations governing the conduct of an auction or auctioneer have been strengthened and clarified. Salvage Yards Staff propose to license for nuisance control and consumer protection. Basically, the proposed by-law contains the same requirements for licensing as currently exist, except: fence requirement to match the Fire Code, hours of operation have been extended from 7:00 am 7:00pm to 7:00am to 9:00pm Mondays through Saturdays to be more consistent with the Noise By-law, a records retention period was added, if the owner believes articles may be stolen he/she must report the it to police or Licensing Officer, and that a salvage yard may not accept goods from persons 16 years of age and younger. Since the publishing of the first draft, the hours of operation have been amended as above. The first draft had included the ability to open on Sundays and holidays (not permitted in current by-law) however this provision has been

5 Page No. 5 removed in the current draft in order to alleviate any potential concerns from residential neighbours to such operations. Second Hand Dealers Foodstuffs Kennels Staff propose to continue licensing for consumer protection. Halton Regional Police supported this schedule and suggested that the Second Hand Goods definition include sporting goods, electronics, used computer parts and computer games, as in their experience, thieves dispose of stolen property in this way. Basically, the proposed by-law contains the same requirements for licensing as currently exist. Changes include; clarification of Second Hand Goods definition, written approval from the Zoning Officer, record retention period and that a licence will be required for businesses with a charitable or religious purpose for which the Licensing Officer shall waive the licensing fee. Staff propose to continue licensing for health and safety reasons. Licensing requirements will remain the same, except the clear health inspection report from the Medical Officer of Health may be dated within the last six months. Kennel licensing has been removed from the animal control by-law and made part of the business licensing by-law, which is a more appropriate place. Staff propose to continue licensing for consumer protection and nuisance control. Basically, the proposed by-law contains the same requirements for licensing with the following exceptions: definitions of veterinary clinic/hospital to conform with the Comprehensive Zoning by-law, increase in fence height from 4 feet to 6 feet, check with Oakville Humane for cruelty convictions before issuing license and a kennel license is transferable. The Oakville Humane Society has reviewed and approved the contents of this schedule.

6 Page No. 6 Financial Impact Fees for the licensing of the businesses covered under the by-law will be calculated and incorporated as part of the User Fee By-law. Once the business licensing by-law has been approved, Clerks staff will develop set fines and will apply to the Court for approval of said set fines. These fines will be substantial in an effort to deter the violation of the by-law. Respectfully submitted, Troy McHarg Town Clerk Prepared by: Selena Campbell, Licensing Administrator CAO Approval: Appendix A: Business Licensing By-Law