Business Licensing By-law 2014-70

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A By-law to license, regulate and govern businesses within the Town of Bradford West Gwillimbury.

WHEREAS section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may license, regulate and govern any business, wholly or partly carried on within the municipality, even if the business is being carried on from a location outside the municipality;

AND WHEREAS Council for The Corporation of the Town of Bradford West Gwillimbury considers it desirable and necessary to license, regulate and govern certain types of businesses;

AND WHEREAS Council for the Town deems it necessary and expedient to update and consolidate the current licensing By-laws;

NOW THEREFORE the Council of the Corporation of the Town of Bradford West Gwillimbury enacts as follows:

1. Definitions

1.1 In this By-law, the following words have the following meanings:

(a) "Accessible Taxicab" means a Taxicab that is an accessible vehicle as set out in Accessible Vehicles
R.R.O. 1990, Reg. 629, as amended under the Highway Traffic Act or any successor legislation
thereof;

(b) "Adult Entertainment Parlour'' means any premises or part thereof in which is provided, in
pursuance of a calling, business or occupation, goods or services appealing to or designed to
appeal to erotic or sexual appetites or inclinations;

(c) "AODA" means the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as
amended and any regulations established thereunder, as amended or any successor legislation
thereof;

(d) "Applicant" means a person applying for a License or a renewal thereof pursuant to this By-law;

(e) "Broker'' means a holder of a Broker License;

(f) "Broker License" means a License that permits the holder to operate a service of accepting calls in
any manner for Taxicabs to be used for hire pursuant to the provisions under Schedule 4 of this By-l
law and does not grant any rights to the licensee to operate a Taxicab as a driver or an Owner;

(g) "Clerk" means the Clerk of the Town;

(h) "Council" means the Council of The Corporation of The Town of Bradford West Gwillimbury;

(i) "Dairy and Related Products" means refrigerated milk or cream-based products or refrigerated
artificial substances including frozen flavoured liquid wrapped and sold in individual packages;

(j) "Drug" means a substance as listed in Schedules I, II, Ill, IV or V of the Controlled Drugs and
Substances Act, S.C. 1996, c. 19, as amended;

(k) "Entertainer'' means any person who provides or offers to provide services designed to appeal to
erotic or sexual appetites or inclinations at an Adult Entertainment Parlour, other than a person
who is an owner or an operator of an Adult Entertainment Parlour;

(I) "Fare" means the charge or fee that is solicited or paid for the transportation of passengers or
goods by a Taxicab;

(m) "Hawker" means a person as defined in Schedule 2 of this By-law;

(n) "Kennel" means a building or structure or part thereof where animals are kept overnight for
remuneration for the purposes of breeding or housing, feeding and maintenance;

(o) "License" means an authorization under this By-law to carry on the calling, business or occupation
specified therein;

(p) "Licensed" means licensed under this By-law and not in breach of the provisions hereof;

(q) "Licensing Officer" means the Manager of Enforcement for the Town, or his/her designate;

(r) "License Plate" means a plate issued under this By-law;

(s) "Medical Officer of Health" means the Medical Officer of Health for the Simcoe Muskoka District
Health Unit;

(t) "Model year" means the figure appearing under the heading "year'' in the Description of the Motor
Vehicle portion of the MTO passenger motor vehicle permit for any vehicle;

(u) "Motorized Refreshment Vehicle" means any Refreshment Vehicle that is powered by a motor;

(v) "MTO" means the Ministry of Transportation of Ontario;

(w) "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c.25, as amended or any successor
legislation thereto;

(x) "Owner License" means a License issued under this By-law that permits a person to own and cause
to be operated a Taxicab, pursuant to the provisions under Schedule 4 of this By-law and does not
grant any rights to the licensee to operate a Taxicab as a driver or as a Broker of Taxicab services

(y) "Peddler" means a person as defined in Schedule 2 of this By-law;

(z) "Person" includes a natural individual, a corporation, an association and a partner;

(aa) "Priority List" means a list of applicants for a Taxicab Owner's License maintained by the Licensing
Officer in accordance with the provisions of Schedule 4 of this By-law;

(bb) "Refreshments" means food or drink;

(cc) "Refreshment Cart" means a conveyance or device, other than a Motorized Refreshment Vehicle,
which is used or is designed to be used in connection with the sale, transportation, storage or
cooking of refreshments to the public and includes a bicycle or trailer, as defined pursuant to the
Highway Traffic Act, R.S.O. 1990, c.H.8, as amended;

(dd) "Refreshment Vehicle" means a vehicle which is used or is designated to be used for the sale of
refreshments and includes a Motorized Refreshment Vehicle and a refreshment cart;

(ee) "Tariff Card" means the notice of Taxicab permitted Fares as set forth in this By-law, issued by the
Licensing Officer;

(ff) "Taxicab" means a motor vehicle that is designed or customarily used for the transportation of
passengers, where such motor vehicle is offered or made available for hire together with a driver
for the conveyance of passengers or goods, but does not include a bus, as defined in the Highway
Traffic Act, a livery cab or a Limousine;

(gg) "Taxicab Driver License" means a License issued under this By-law that permits a person to drive
and operate a Taxicab for the purposes of transporting passengers or goods pursuant to the
provisions under Schedule 4 of this By-law and does not grant any rights to the licensee to own a
Taxicab or to act as a broker of Taxicab services;

(hh) "Taxicab Plate" means a plate provided by the Town to an owner of a Taxicab identifying a
Taxicab;

(ii) "Taxicab Stand" means an area that is designated by the Town to be used by Taxicabs while
waiting for or picking up goods or passengers;
(jj) "Town" means The Corporation of The Town of Bradford West Gwillimbury and/or the area located
within the geographical limits of the Town of Bradford West Gwillimbury, depending on the context
of the provision in which the term appears;

(kk) "Tribunal" means the Appeal Tribunal.

(II) "Trip Sheet" means the written record of the details of each trip as recorded by a Taxicab driver
as required under Schedule 4 of this Bylaw;

(mm) "Zoning By-law" means the Zoning By-law of the Town of Bradford West Gwillimbury, as
amended or any successor By-law thereof.

2. Licensing Requirements

2.1 A License must be obtained by:

(a) every Owner and every driver of a Taxicab;

(b) every Taxicab Broker;

(c) every person who owns or operates, and every person who drives or who assists in the sale of
refreshments from a vehicle or cart from which refreshments are sold to the public;
(d) every Owner and every Operator of an Adult Entertainment Parlour;

(e) every Hawker or Peddler;

(f) every person who owns or operates a Kennel.

2.2 Every person applying for a Licence under this By-law shall provide to the Licensing Officer, upon initial application and every License renewal and at any time upon request by the Licensing Officer, a Police Vulnerable Sector Check to the sole satisfaction of the Licensing Officer that is dated within ninety (90) days prior to the date of the initial application, applicable renewal or request. The Licensing Officer may allow the Applicant to complete a Declaration of Offence on alternate years for renewals only if the Applicant provides a fully clear Police Vulnerable Sector Check in the intervening years.

2.3 Every person applying for or holding a License under this By-law shall, in such application or in carrying on or engaging in the business or occupation in respect of which the License is issued, observe, comply with, and be governed by the regulations set out in the respective Schedules to this By-law which relate to such person.

2.4 Every person who operates more than one (1) business or occupation Licensed or required to be Licensed under this By-law shall obtain a separate License for each separate business, occupation, place, premises, store or vehicle.

2.5 No person Licensed to carry on business under this By-law shall advertise or promote or carry on such business under any name other than the name endorsed upon the License.

2.6 Every person applying for or holding a License under this By-law must be a Canadian citizen, permanent resident or be otherwise eligible to work in Canada.

3. Application Requirements

3.1 On an application for a License, or the renewal thereof, respecting any of the businesses and occupations mentioned in section 2 hereof, the Applicant shall complete forms prescribed and shall furnish to the Licensing Officer such information as the Town directs.

3.2 If the Applicant is a corporation, the application must be accompanied by a copy of the Articles of Incorporation showing the names and addresses of all the directors and officers.

3.3 If the Applicant is a registered partnership, the application must be accompanied by a copy of the partnership agreement.

4. Application Fees

4.1 The respective sums of money set out in Column 2 of Schedule "A" of this By-law are hereby fixed as the amounts of the fees payable to the Town for each type of License or type of item listed in the corresponding row under Column 1 of Schedule "A" of this By-law.

5. Processing of Applications

5.1 Upon receipt of an application for a License, or for the renewal thereof, and the applicable fee, along with any late fees, as set out in Schedule "A", the Licensing Officer shall make investigations as necessary with respect to such application and shall:

(a) subject to the provisions and requirements of this By-law, direct the License be
issued or renewed; or

(b) based on the grounds referred to in section 8 and using any information available to
the Town, decide that:

(i) an application for a new License should be refused;

(ii) a License should be issued with terms or conditions established at the
discretion of the Licensing Officer;

(iii) a License should not be renewed;

(iv) a License should be renewed with terms or conditions added, altered, varied
or deleted at the discretion of the Licensing Officer;

and provide written notice of such a decision to the Applicant.

5.2 A Notice issued pursuant to paragraph (b) of subsection 5.1 shall include:

(a) a statement that the Applicant may request a hearing before the Tribunal to appeal
the decision of the Licensing Officer by delivering a written request to the Clerk in
accordance with the Appeal Tribunal By-law within thirty (30) calendar days of
deemed receipt of notice of decision; and

(b) a statement that if no request for a hearing is provided to the Clerk in accordance
with paragraph (a), then the decision referred to in the notice shall be final.

5.3 If, before the expiry of a License, an Applicant has applied for renewal of the License and has remitted the prescribed fee, the license shall be deemed to continue:

(a) until the renewal is granted;

(b) if the licensee is served with a notice under 5.1 (b)(iii), under suspension upon
receipt of notice of decision until the time for requesting a hearing with the Tribunal
has expired pursuant to section 7 or, where a hearing has been requested pursuant
to the provision of the Appeal Tribunal Bylaw, until a decision is made and deemed to
have been provided to the Applicant; or

(c) if the licensee is served with a notice under 6.1, subject to the restrictions and for
the time period set out in 6.3.

5.4 If an Applicant fails to apply for a License renewal and to remit the applicable renewal fee to the Town before the expiry of a License, the Licensing Officer may:

(a) if such Applicant provides a reasonable explanation for the lateness and the renewal
would not prejudice the Town or the interests of any other third party that the
Licensing Officer is aware of, permit an Applicant to renew their License following the
expiry by remitting the applicable late fee along with the renewal fee, as set out in
Schedule "A"; or

(b) direct the Applicant to surrender the expired License and notify such Applicant that
they are required to apply for a new License in order to undertake any business or
calling that requires a License under this Bylaw.

5.5 No person shall be permitted to apply for the renewal of an existing License before thirty (30) days before the expiry of such License.

5.6 Notices and requests to be provided under this section shall be deemed to have been served in accordance with the Rules of Procedures established under the Appeal Tribunal By-law.

5.7 Subject to the provisions of the Appeal Tribunal By-law, if a request for a hearing is not provided to the Clerk in accordance with the provisions of the Appeal Tribunal By-law within thirty (30) calendar days of deemed receipt of a notice of a decision made pursuant to paragraph (b) of subsection 5.1, such decision of the Licensing Officer is deemed to be final and the License shall be permanently subject to such decision.

6. Suspension/Revocation and Status of a License

6.1 Where the Licensing Officer is of the opinion, based on any investigation or applicable information, that any licensee under this By-law is not entitled to hold a License or continue under License based on the grounds referred to in section 8, the Licensing Officer may issue a decision to revoke, suspend or add/vary any conditions on a License of a such a licensee and shall cause to be provided written notice of such a decision to the licensee.

6.2 A notice issued pursuant to subsection 6.1 shall include:

(a) a statement that the licensee may request a hearing before the Tribunal
to appeal the decision of the Licensing Officer by delivering a written request to the
Clerk in accordance with the Appeal Tribunal By-law within thirty (30) calendar days
of deemed receipt of notice of decision; and

(b) a statement that if no request for a hearing is provided to the Clerk in accordance
with paragraph (a), then the decision referred to in the notice shall be final.

6.3 A License subject to a decision under 5.1 (b)(ii), 5.1 (b)(iv) or 6.1, provided that it has not otherwise expired or been succeeded or revoked pursuant to other provisions of this By-law:

(a) in the case of a decision to revoke, shall be deemed to continue under suspension
upon deemed receipt of notice of decision;

(b) in the case of a decision to suspend, shall be deemed to continue under suspension
upon deemed receipt of notice of decision;

(c) in the case of a decision to add/vary conditions, shall be deemed continue subject to
the conditions placed ·on the License upon deemed receipt of notice of decision;

until the time for requesting a hearing with the Tribunal has expired pursuant to section
7 or, where a hearing has been requested pursuant to the provision of the Appeal
Tribunal By-law, until a decision is made and deemed to have been provided to the
licensee.

6.4 Following the expiry of the time period set out under subsection 6.3, in the case of a decision under 5.1 (b)(ii), 5.1 (b)(iv) or 6.1:

(a) if a request -for a hearing is not provided to the Clerk In accordance
with the provisions of the Appeal Tribunal By-law within thirty (30) calendar days of
deemed receipt of a notice of a decision, such decision of the Licensing Officer is
deemed to be final and effective immediately and the License shall be permanently
subject to such decision;

(b) if a request for a hearing is provided pursuant to the provision of the Appeal Tribunal
By-law and the decision is of the Licensing Officer is confirmed or unaffected by the
Tribunal, such decision of the Licensing Officer is deemed to be final and
effective immediately and the License shall be permanently subject to such decision;

(c) if a request for a hearing is provided pursuant to the provision of the Appeal
Tribunal By-law and the decision of the Licensing Officer is not confirmed,
overturned, varied or substituted by the Tribunal, such decision of the Tribunal in
relation to the License shall be deemed to be the final decision of the Town and shall
become effective immediately and the License shall be permanently subject to such
decision.

6.5 Notwithstanding any other provisions of this By-law, the Licensing Officer may suspend a License without a hearing pursuant to subsections 151(2) and 151(3) of the Municipal Act.

6.6 Notices and requests to be provided under this section shall be deemed to have been served in accordance with the Rules of Procedures established under the Appeal Tribunal By-law.

7. Licensing Hearings

7.1 Where an Applicant wishes to appeal a decision of the Licensing Officer made pursuant to subsection 5.1 or 6.1, such an Applicant may appeal such a decision to the Tribunal by delivering a notice to the Clerk in accordance with the provisions of the Appeal Tribunal By-law within thirty (30) calendars days of deemed receipt of notice of decision of the Licensing Officer.

7.2 Upon receipt of a notice to appeal a decision of the Licensing Officer, such a request shall be processed and handled in accordance with the Appeal Tribunal By-law.

8. Grounds for Refusal/Revocation/Suspension of a License

8.1 A licensee or an Applicant for a License, or for the renewal of a License is, subject to the requirements of this By-law, entitled to be issued or to hold a License, or have it renewed, except where:

(a) the conduct of the licensee or Applicant, including its officers directors, employees or
agents, affords reasonable grounds for belief that the licensee or Applicant, or its
officers directors, employees or agents, has not carried on, or will not carry on, his or
her trade, business or occupation in accordance with the law and with honesty or
integrity;

(b) there are reasonable grounds for belief that the carrying on of the business or
occupation by the licensee or Applicant has resulted, or will result, in a breach of this
or any other Town by-law or any other law;

(c) there are reasonable grounds for belief that the premises, accommodation,
equipment or facilities in respect of which the License is required have not complied,
or will not comply, with the provisions of this of any other Town by-law or the law; or

(d) the conduct of the licensee or Applicant or other circumstances afford reasonable
grounds for belief that the carrying on of the business by the licensee or Applicant
has infringed, or would infringe, the rights of other members of the public, or has
endangered, or would endanger, the health, safety or well-being of other members of
the public.

8.2 Notwithstanding other provisions of this By-law, a License issued in error or in contravention of the provisions of this By-law may be revoked by the Licensing Officer upon learning of the mistake or contravention, with such decision becoming effective immediately.

9. Return of License

9.1 Upon suspension, revocation or expiry of a License issued under this By-law:

(a) the licensee shall return to the Licensing Officer the License and any plate or plates or any
other evidence of such License issued under this By-law;

(b) the Licensing Officer shall have access to any premises, vehicle or other property of the licensee for the purpose of receiving or taking the License, plate, or other
evidence of such License;

(c) no person shall refuse to deliver the License, plate, or other evidence of such License
to the Licensing Officer or shall in any way prevent or hinder the receiving or taking
of same.

9.2 An Applicant or licensee whose License has been refused or revoked under this By-law, shall not be entitled to make a new application for a similar type of License for a period at least twelve (12) months from the date of the refusal or revocation becoming final.

10. Validity of a License

10.1 The Licenses for the businesses and occupations set out in Schedule "A" of this By-law shall be from the period commencing on the date of issuance or renewal of such Licenses and, unless they are sooner forfeited or revoked, shall in each case expire in each year on the date set out opposite the same in Column 3 of Schedule "A" of this By-law, unless otherwise renewed pursuant to this By-law.

10.2 Notwithstanding any decision of, or statement by, Council, the Clerk, the Tribunal, any Tribunal member, or any employee of the Town, respecting the granting of a License or application therefor, no person shall be deemed to be Licensed to carry on or engage in the business or occupation for which such a License is required until he/she has paid the fee required by this By-law with respect to such License and has received the physical License, plate, or other evidence of the granting of such License provided for in this By-law.

11. Renewal

11.1 A person holding a License issued pursuant to this By-law may apply for the renewal of such License by completing and mailing to the Town by prepaid regular mail a renewal application on such form as the Licensing Officer may from time to time approve.

11.2 In addition to the requirements under subsection 11.1, the Licensing Officer may as part of reviewing a renewal application require the holder of a License to file with the Licensing Officer such certificates or other documentary evidence as may be required as evidence that such Applicant satisfies the requirements of this By-law.

11.3 Where a person Licensed under this By-law fails to renew his or her License in accordance with the provisions of this By-law, any plate or physical evidence of a License supplied under this By-law in respect of such License shall be returned to the Town and the plate, or other such returned items, shall remain with the Town until such time as the License is renewed.

12. Signing and Form of Licenses

12.1 The Licensing Officer, or his/her designate, shall sign all Licenses issued pursuant to this By-law and his/her signature may be printed or mechanically reproduced upon each License issued, and such License shall be in a form as the Licensing Officer may from time to time approve.

13. Posting and Production of License

13.1 Every person obtaining or holding a License under this By-law, where the same applies to premises, shall keep his or her License posted in a conspicuous place on the premises in respect of which the License is issued, and every person so Licensed shall, when so requested by anyone authorized to enforce this By-law, produce the License for inspection.

13.2 Every person obtaining or holding a License under this By-law, where the same applies to the occupation of such person, shall carry such License with him or her when engaged in the occupation for which the License is issued, and every person so Licensed shall, when so requested by anyone authorized to enforce this By-law produce the License for inspection.

14. No Vested Right

14.1 No person shall enjoy a vested right in the continuance of a License and upon the issuance, renewal, transfer, cancellation or suspension thereof, the License shall be the property of the Town.

15. Change of Information

15.1 Every licensee shall notify the Licensing Officer in writing, within seven (7) days of any change in the information contained in any License application or renewal.

16. Discrimination and Accessibility

16.1 No person Licensed under this By-law shall discriminate against any member of the public, in the carrying on of the business or occupation in respect of which a License is issued, on any grounds listed or enumerated under section 1 of the Human Rights Code, R.S.O. 1990, c. H.19, amended.

16.2 Any provider of goods or services pursuant to a License issued under this By-law shall:

(a) ensure that any persons engaged for those purposes possess any training required
by the AODA

(b) establish any process that is required by the AODA;

(d) comply with any requirement of the AODA.

16.3 No person Licensed under this By-law shall, in respect of any person with a disability:

(a) refuse to serve such person,

(b) refuse to permit such person to enter into or upon any place, premises, vehicle or
thing to which the License relates, or

(c) refuse to permit such person to remain in or upon such place, premises, vehicle or
thing, by reason only of the presence of such disability.

16.4 No person Licensed under this By-law shall, in respect of any person with a disability being guided, assisted or accompanied, in the course of service, by a guide dog, service animal or a support person:

(a) refuse to serve such person;

(b) refuse to permit such person to enter with such a guide dog, service animal or
support person into or upon any place, premises, vehicle or thing to which the
License relates; or

(c) refuse to permit such person and such guide dog, service animal or support person
to remain in or upon such place, premises, vehicle or thing, by reason only of the
presence of such guide dog, service animal or service person.

17. Power of Entry and Enforcement

17.1 The Town may at any reasonable time enter upon and inspect any premises, land and vehicles to determine whether this By-law, any direction or order under this By-law or the Municipal Act, any condition on a License issued under this Bylaw or an order issued under section 431 of the Municipal Act are being complied with.

17.2 Where an inspection is conducted pursuant to this section, the Town may:

(a) require the production for inspection of documents or things relevant to
the inspection, including any Licenses, permits, invoices, vouchers, books, records,
appointment books, trip sheets and others;

(b) inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts;

(d) alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of
the inspection.

17.3 The Town's power of enforcement, entry and inspection may be exercised by:

(a) the Licensing Officer;

(b) a Municipal Law Enforcement Officer;

(d) a member of a police force with jurisdiction and any person under his or her
jurisdiction;

(e) the Chief Fire Official for the Town, or a designate; or

(f) the Medical Officer of Health for the Town or a designate.

17.4 No person shall obstruct or hinder any person conducting an inspection pursuant to this By-law, or cause or permit the same to be obstructed or hindered.

18. Offences and Penalties

18.1 Any person who contravenes any provision of this By-law or an order issued pursuant to this By-law or the Municipal Act or fails to comply with an order issued pursuant to this By-law or the Municipal Act is guilty of an offence.

18.2 All contraventions of this By-law or of orders issued by the Town pursuant to this By-law or the Municipal Act are designated as multiple offences. A multiple offence is an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law.

18.3 Any contravention of this By-law shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected or an order of the Town issued pursuant to this By-law or the Municipal Act is not complied.

18.4 Upon conviction of an offence under this By-law a person is liable to a fine as permitted under the Municipal Act and may be liable to a special fine in the amount of the economic advantage or gain that such a person obtained from the contravention of this By-law.

19. Interpretation

19.1 In this By-law, unless the context otherwise requires, words importing the singular number shall include the plural and words importing the masculine gender shall include the feminine.

20. Severability

20.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this By-law to be invalid or to be of no force and effect, it is the intention of the Town in enacting this By-law that such provision or part of a provision shall be severable, and such a decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this By-law.

21. Schedules

21.1 The following attached Schedules shall form a part of this By-law:

Schedule 1 - Adult Entertainment Parlours
Schedule 2- Hawkers and Peddlers
Schedule 3 - Refreshment Vehicles
Schedule 4- Brokers, Drivers and Owners of Taxicabs
Schedule 5 - Kennels
Schedule "A"- Fees for Licenses

22. Short Title

22.1 This By-law may be cited as the "Business Licensing By-law".

23. Effective Date

23.1 This By-law comes into full force and effect on the date it is enacted.
Enacted this 7th day of October, 2014.

Original copy signed Original copy signed

Rebecca Murphy, Clerk Doug White, Mayor

Schedule 1 - Adult Entertainment Parlours

1. In this Schedule "Owner'' and "Operator" means respectively an owner or operator of an Adult Entertainment Parlour Licensed as such or required to be Licensed as such under section 2 of this By-law.

2. Every Adult Entertainment Parlour Owner's License shall have endorsed thereonthe location of an Adult Entertainment Parlour and such endorsement shall be forone location only and such License shall be valid only for the location endorsed thereon.

3. Every Adult Entertainment Parlour Operator's License shall have endorsed thereon the location and the name of the Adult Entertainment Parlour with respect to which it is issued and such endorsement shall be for one location only and such License shall be valid only for the location and the Adult Entertainment Parlour endorsed on such License.

4. Every Applicant shall appear in person before the Licensing Officer and shall complete an Adult Entertainment Parlour Owner/Operator's License application and shall provide all information requested thereon, and shall furnish to the Licensing Officer such information as the Council may direct. In the case of an Adult Entertainment Parlour owned by a partnership such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of an Adult Entertainment Parlour owned by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof.

5. No corporation shall be Licensed as an Owner in respect of an Adult Entertainment Parlour unless a natural person is Licensed as an Operator in respect of that Adult Entertainment Parlour.

6. Every person applying for an Adult Entertainment Parlour Owner's License shall file with the Licensing Officer, documentation satisfactory to the Licensing Officer demonstrating the Applicant's right to possess or occupy the premises to be used by him as an Adult Entertainment Parlour, and if any Applicant is not the registered Owner or Owner in fee simple of the property upon which the Adult Entertainment Parlour is to be located, such person shall file with the Licensing Officer, with his application for an Adult Entertainment Parlour Owner's License, a copy of his lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said Applicant and the registered Owner or Owner in fee simple of the said real property.

7. Where there is to be a change in the composition or the controlling interest of a partnership Licensed under this By-law, the persons Licensed hereunder in partnership shall obtain the approval of the Licensing Officer to such change prior thereto, failing which, the License may be revoked. Where there has been any change in the controlling interest of the partnership, either by one transaction or a number thereof, the License may be revoked despite the Licensing Officer's prior approval of any one or more such transactions.

8. Where there is to be a change in the composition or the controlling interest of the shareholders of a corporation Licensed under this By-law, the corporation shall obtain the approval of the Licensing Officer to such change prior thereto, failing which the License may be revoked. Where there has been any change in the controlling interest of the corporation, either by one transaction or a number thereof, the License may be revoked, despite the Licensing Officer's prior approval of any one or more such transactions.

9. No Owner shall permit any person other than a Licensed Operator to operate an Adult Entertainment Parlour.

10. No Operator shall operate an Adult Entertainment Parlour in a premise for which the Owner thereof has not obtained an Owner's License under this By-law.

11. No Entertainer shall provide services in any Adult Entertainment Parlour where either the Owner or the Operator does not have a valid License pursuant to this By-law.

12. Notwithstanding any other provisions of this By-law, where any person owns or operates an Adult Entertainment Parlour in relation to the provision of goods exclusively, no regulations in this By-law shall be applicable to such person, except that no such person may offer any goods to any person under the age of 18 years.

13. No Owner or Operator shall permit any Entertainer, while that person is providing services as an Entertainer in an Adult Entertainment Parlour owned or operated by the Owner or Operator, to touch or be touched or have physical contact with any other person in any manner whatsoever involving any part of the Entertainer's body or that person's body.

14. Every contract of service, contract for services or other document constituting or pertaining to the relationship between Owner, Operator and Entertainer of an Adult Entertainment Parlour shall be in writing and shall be made available for inspection at any time during normal business hours of the Adult Entertainment Parlour by the Licensing Officer upon request, and shall be retained by the Owner or Operator for a period of six months after it's termination or completion.

15. No person shall be an Owner or Operator in respect of an Adult Entertainment Parlour except in compliance with the following regulations:

(a) The premises shall be provided with adequate ventilation and with lighting that is
adequate to ensure visibility and that is uniformly distributed throughout the
premises;

(b) The premises and all fixtures and equipment therein shall be regularly washed and
kept in a sanitary condition;

(d) Adequate toilet and washroom accommodation shall be provided in accordance with
any applicable law;

(e) Washrooms shall be equipped with:

(i) an adequate supply of hot and cold water;

(ii) an adequate supply of liquid soap in a suitable container or dispenser;

(iii) hot air dryers or individual towels in a suitable container or dispenser;

(iv) a suitable receptacle for used towels and waste material;

(f) No washroom, toilet, sink or basin used for domestic purposes shall be used in
connection with an Adult Entertainment Parlour;

(g) In all shower-bathrooms, if any, and in all sauna-bathrooms, if any,

(i) the floors shall be disinfected at least once a week with a disinfecting solution
approved by the Medical Officer of Health or the Licensing Officer;

(ii) all surfaces and attached accessories of the bath or shower enclosure must
be self-draining;

(iii) all showers must have removable cleanable drain covers;

(iv) floor surfaces both within and without the enclosures shall be of
nonslip type;

16. No person shall be an Owner or Operator in respect of an Adult Entertainment Parlour unless there is maintained over the street door or in the lower front window of the premises in respect to which such person's License is issued or in some other conspicuous place on the exterior of such premises satisfactory to the Licensing Officer, the License provided by the Licensing Officer for the given premises, unless the Licensing Officer directs that a different sign or document be displayed.

17. Every Owner, Operator and Entertainer of an Adult Entertainment Parlour in the Town who is in attendance at an Adult Entertainment Parlour, whether engaged in their respective calling, business or occupation at that time or not shall, upon a request made to them by any peace officer, Provincial Offences Officer, Medical Officer of Health, or the Licensing Officer provide their name, residential address and License pursuant to this By-law.

18. No Owner, Operator or Entertainer shall provide or shall permit any services to be given, performed, provided or received in any Adult Entertainment Parlour in breach of any of the provisions contained in this By-law.

19. No Owner or Operator shall permit any person who appears to be intoxicated by alcohol or a Drug to enter or remain in any Adult Entertainment Parlour operated by him.

20. No Owner or Operator shall permit an Adult Entertainment Parlour owned or operated by him to be open for business or shall permit the provision of any services at an Adult Entertainment Parlour, unless the Owner or Operator is in attendance and no Owner or Operator shall permit an Adult Entertainment Parlour owned or operated by him to open for business, or remain open for business, or any Entertainer to enter or remain therein, or any service to be provided at such entertainment parlour unless this section is complied with.

21. No Owner, Operator or Entertainer or employee shall take, consume or have Drugs in their possession in an Adult Entertainment Parlour, nor shall the use or effects of Drugs by them be apparent while that Adult Entertainment Parlour is under their charge or when he or she is providing services therein, as the case
may be.

22. Every Owner who operates his own Adult Entertainment Parlour shall provide and maintain at all times at the Adult Entertainment Parlour operated by him a first-aid kit equipped in a manner satisfactory to the Simcoe Muskoka District Health Unit.

23. Every Owner, Operator, Entertainer or employee shall, while engaged in his/her respective calling, business or occupation in an Adult Entertainment Parlour, be neat and clean in his person and civil and well-behaved to members of the public with whom he/she is dealing.

24. No Owner or Operator shall use or permit to be used any camera or other photographic or recording device in, upon or at an Adult Entertainment Parlour by any person other than:

(a) a public health inspector acting under the direction of the Medical Officer of Health;

(b) the Licensing Officer;

(d) a Provincial Offences Officer.

25. No person shall display or circulate any poster, handbill, sign, card or novelty used to promote the business of an Adult Entertainment Parlour on land or premises other than the premises upon which the Adult Entertainment Parlour is situate and no sign shall be constructed or maintained except in accordance with this By-law.

26. No person shall erect or maintain any sign advertising an Adult Entertainment Parlour or any calling, business or occupation carried on at an Adult Entertainment Parlour except in accordance with Town by-laws, including the Sign By-law. Notwithstanding the provisions of the aforementioned By-laws, no person shall erect or maintain any sign advertising an Adult Entertainment Parlour except in accordance with the following additional regulations:

(a) no person may erect or maintain any of the following signs in respect of an Adult
Entertainment Parlour or in respect of any calling, business or occupation carried on
at any Adult Entertainment Parlour:

(i) sign, awning,

(ii) sign, canopy,

(iii) sign, free standing canopy,

(iv) sign, inflatable,

(v) sign, portable,

(vi) sign, trailer,

(vii) sign, ground or pylon;

(b) no person may erect or maintain a wall sign in respect of an Adult Entertainment
Parlour or in respect of any calling, business or occupation carried on at an Adult
Entertainment Parlour, except a wall sign or signs that do not exceed a total combined
area of 4.6 metres and do not consist of more than two wall signs;

(c) no person may erect or maintain a projecting sign in respect of an
Adult Entertainment Parlour or in respect of any calling, business or
occupation carried on at an Adult Entertainment Parlour, except a projecting sign
that does not exceed a total area of three (3) square metres and that does
not constitute more than one (1) projecting sign;

27. Nothing within this By-law shall be deemed to constrain any person from erecting or maintaining any sign on any interior wall of an Adult Entertainment Parlour, provided the content of such sign is not visible from the exterior of the Adult Entertainment Parlour.

28. No person may erect or maintain any sign in respect of an Adult Entertainment Parlour which includes any letters, markings, symbols, pictures or representations except the name of the Adult Entertainment Parlour as recorded on the application for License and any registered copyright logo or symbol, provided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process.

29. Every Owner or Operator shall withdraw or remove any sign advertising their Adult Entertainment Parlour which has been erected contrary to the provisions of this By-law upon their property immediately upon becoming aware of same or upon being ordered to do so by the Licensing Officer, whichever shall first occur.

30. Within any premises used as an Adult Entertainment Parlour, the Owner shall designate the single room which shall be the only room within which goods and services may be provided and which room shall have no area enclosed or partitioned by any wall extending from the floor to a height in excess of 1.8 metres from the floor and which room shall be open at all times to all persons attending the Adult Entertainment Parlour during the business hours of the Adult
Entertainment Parlour.

31. No room, cubicle or other enclosure or partitioned area located within the premises used as an Adult Entertainment Parlour, other than the room designated pursuant to section 30, may be used for the provision of goods and services and it shall be the duty of every Owner and every Operator to ensure that this provision is complied with.

32. No Entertainer or other person shall provide any goods or services in any room, cubicle or other enclosure other than in the room designated pursuant to section 30.

33. No premises or part thereof used as an Adult Entertainment Parlour shall be used as a dwelling or for sleeping purposes or contain therein any furniture which is commonly used or may be used for sleeping purposes and it shall be the duty of the Owner and the Operator to ensure that this provision is complied with.

34. No door to any room or cubicle where goods or services are or may be provided in an Adult Entertainment Parlour, save and except one room designated by the Owner and used by the Owner or Operator as an office and one room designated by the Owner as a storage room, shall be equipped or constructed with a locking device of any kind, or with any other device or structure which could delay or hinder anyone from entering or obtaining access to such a room or cubicle and it shall be the duty of the Owner and the Operator to ensure that this provision is
complied with.

35. Every Owner applying for a License under this By-law shall tile with his application a floor plan of the premises to be used as an Adult Entertainment Parlour upon which the Owner shall clearly designate the room which shall be used to provide goods or services, the room which shall be used as an office by the Owner and Operator and the storage room, if any. In the event the Owner or the Operator wishes to amend the floor plan, he shall first file with the Licensing
Officer a copy of the amended floor plan and shall not proceed to make such alterations without first obtaining the approval of the Licensing Officer, failing which the License of the Owner and Operator may be revoked.

36. No Entertainer or other person shall provide any goods or service in a room, cubicle or other enclosure which has a door or other means of access which is equipped or constructed with a locking device of any kind or which is equipped or constructed in such a way as to permit the obstruction, hindrance or delay of any person attempting to gain entry thereto.

37. During the hours of business of an Adult Entertainment Parlour, it shall be the responsibility of the Owner and of the Operator, if any, to ensure that the door or doors or other principal means of access into the Adult Entertainment Parlour by the public shall be kept unlocked and available so that anyone coming into the Adult Entertainment Parlour from the street or other public place may enter therein without hindrance or delay.

38. No Owner or Operator may permit any person under the age of eighteen years to enter or remain in any part of an Adult Entertainment Parlour.

39. No Owner or Operator shall, in respect of an Adult Entertainment Parlour permit any services of any kind designed to appeal to erotic or sexual appetites or inclinations to be provided in said Adult Entertainment Parlour except between the hours of 11 :00 a.m. in the morning of any day and 3:00 a.m. in the morning of the next day. For the purposes of this section, the time shall be the time commonly observed in the Town.

40. No person shall own or operate or permit to be operated an Adult Entertainment Parlour within the geographic limits of the Town:

(a) within four hundred (400) metres of any other adult entertainment uses as defined in
the Town's Zoning By-law;

(b) within four hundred (400) metres of any Residential Zone Boundary;

(c) within one thousand (1000) metres of any Institutional (I) Zone boundary, place of
worship, public school, private school or day nursery.

(d) from a premises which does not have full municipal water and sanitary sewer
services. unless such Adult Entertainment Parlour is lawfully in existence prior
to enactment of this by-law.

41. No person shall own or operate an Adult Entertainment Parlour on any land or premises except in a single use building on a single lot or block upon which no other buildings are located and which lot or block may be conveyed in compliance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, without the requirement of subdivision or consent.

42. The number of Adult Entertainment Parlour Owner's licenses which may be granted in respect of an Adult Entertainment Parlour within the Town shall be limited to two (2).

43. No person shall own or operate an Adult Entertainment Parlour on any premise from which food is served, unless such premise is in compliance with the requirements of the Medical Officer of Health and other applicable law, in respect of the food to be provided.

44. No person shall sell, provide or serve any alcoholic beverages on an Adult Entertainment Parlour premise, except on such premises as are licensed and operating pursuant to the Liquor Licence Act, R.S.O. 1990, c. L.19.

45. No person shall own or operate an Adult Entertainment Parlour from any premises except upon such lands as are zoned to permit the use of an "adult entertainment parlour'' as defined pursuant to the Zoning By-law.

46. No person shall own or operate an Adult Entertainment Parlour from any land or premises where any other use as defined within the Zoning By-law is maintained.

Schedule 2 - Hawkers and Peddlers

1. In this By-law, "Hawker" or "Peddler" shall mean every person who goes from place to place or to a particular place with goods, wares, merchandise or services for sale, or who carries and exposes samples, patterns or specimens of any goods, wares or merchandise which are delivered within the municipality afterwards, but not including a person who hawks, peddles or sells goods, wares or merchandise:

(a) to wholesale or retail dealers in similar goods, wares or merchandise,

(b) that are grown or produced by a farmer resident in Ontario who offers for sale or
sells only the produce of his own farm,

(c) that are hawked, peddled or sold by a person, or by his/her employee/agent, who
pays business tax in the municipality, or

(d) that are hawked peddled or sold by an agent of the grower, producer
or manufacturer, acting on behalf of a dealer who pays business tax in
the municipality in respect of premises used for the sale of such goods, wares or
merchandise.

2. No person to whom this Schedule relates shall engage in or carry on his/her respective business or occupation by passing from house to house or along streets or lanes in the Town of Bradford West Gwillimbury before sunrise on any day.

3. No person to whom this by-law relates shall engage in or carry on his/her business or occupation on municipal property unless approved as a part of a Town organized event.

4. No person who is Licensed to carry on the business of being a Peddler, shall employ:

(a) any person as a helper to assist in peddling who is not Licensed to do so; or

(b) more than three helpers.

5. No person to whom this Schedule relates, who uses a push cart or other vehicle propelled by muscular power or a motor vehicle, shall stop within thirty (30) metres of any entrance to school grounds or a public park.

Schedule 3 - Refreshment Vehicles and Vendors

1. Notwithstanding the provisions of this By-law, authorized representatives of a recognized non-profit charitable or religious organization may sell refreshments and may own or operate Refreshment Vehicles without reference to the provisions of this By-law provided such charitable entity does not sell refreshments or operate a Refreshment Vehicle in Town parks without first
obtaining a permit from the Director of Leisure Services.

2. If any member of a partnership applying for a License is a corporation, such corporation shall be deemed to be applying for an owner's License in place of the partnership.

3. No person shall own or permit the operation of a Motorized Refreshment Vehicle:

(a) without maintaining at all times on the Refreshment Vehicle a current permit and
license plate for that vehicle issued pursuant to the Highway Traffic Act, and a
driver's license and proof of insurance in relation to the conduct of said vehicle;

(b) unless such vehicle meets the standards required for approval under an MTO Vehicle
Inspection or that meets the standards for a Safety Standards Certificate issued
under the Highway Traffic Act;

(c) without reporting to the Licensing Officer all accidents involving such Refreshment
Vehicle which at law involve the attention or attendance of a police officer within
seventy-two (72) hours of each accident and, if so requested, providing such vehicle
to the Licensing Officer for inspection;

(d) without installing and maintaining a back-up safety signalling device on the vehicle.

4. No person shall own or permit the operation of a Motorized Refreshment Vehicle that sells or offers for sale any products other than Dairy and Related Products:

(a) in any area that is zoned for residential land uses within the meaning of the Zoning
By-law or from any street abutting such a residential area; or

(b) from any public highway.

5. Notwithstanding the provisions of Section 4 of this Schedule, a Motorized Refreshment Vehicle may sell products other than Dairy and Related Products from private residential land, provided there is a dwelling under construction on such lands and provided the Refreshment Vehicle does not remain in one place for longer than fifteen (15) minutes.

6. No person may own or operate a Refreshment Cart that:

(a) has a length in excess 2 metres or a width in excess of 1.04 metres or a height in
excess of 1 .49 metres.

(b) is affixed or is designed to be affixed to any external source of electricity or
propane; or

(c) is operated or is designed to be operated in conjunction with seating units provided
by the vendor or the owner of such Refreshment Vehicle for use by purchasers of
refreshments.

7. No refreshment carts may sell from public highways in the Town.

8. No person may own or operate a refreshment cart that is a trailer within the meaning of the Highway Traffic Act, unless such vehicle is road worthy and meets the standards required for approval under an MTO Vehicle Inspection or that meets the standards for a Safety Standards Certificate issued under the Highway Traffic Act.

9. No person may sell refreshments or own or permit the operation of a Refreshment Vehicle except in accordance with the provisions of this By-law and all other applicable By-laws of the Town or Federal or Provincial legislation.

10. No person shall sell refreshments from or own or operate a Refreshment Vehicle on privately owned land for a period of time that is longer than fifteen (15) minutes unless such land is zoned for commercial uses within the meaning of the Zoning By-law and such person has provided to the Licensing Officer in advance, permission in writing from the registered owner of such lands.

11. No person may sell refreshments from or own or operate a Refreshment Vehicle at a single location for longer than fifteen (15) minutes within ten (10) metres of any highway in the Town.

12. No person may sell refreshments from or own or operate a Refreshment Vehicle
from vacant land in the Town.

13. No person may sell or offer for sale any refreshments from any Refreshment Vehicle or own or operate any Refreshment Vehicle on the public highways or any part thereof except in accordance with the provisions of the Highway Traffic Act.

14. No person may sell refreshments from or own or operate any Refreshment Vehicle on property owned by the Town that is not a public highway except with advance written permission of the Director of Leisure Services.

15. No person may sell refreshments or own or operate a Refreshment Vehicle except between the hours of sunrise of any day and 11 :00 p.m. of the same day, unless a later time is specified on the License in relation to a specified event. Notwithstanding the foregoing, no person may sell or own or operate a Refreshment Vehicle on the highway adjacent to land zoned for residential uses later than 9:00 p.m. in the evening.

16. No owner of a Refreshment Vehicle may permit any person to sell refreshments from any Refreshment Vehicle owned by him unless such person is Licensed pursuant to this By-law.

17. No person shall sell refreshments while:

(a) under the influence or having consumed or having in his possession any alcohol,
Drugs, (other than drugs prescribed by a duly qualified medical practitioner and
which do not and may not impair his ability to operate the vehicle), or other
intoxicants;
(b) buying or selling or acting as an agent of a person in buying or selling
alcohol, drugs or intoxicants or giving information as to where illicit
intoxicants or drugs may be obtained.

18. Every vendor of refreshments shall deal in a civil and courteous manner with the public.

19. No person may sell refreshments without wearing in a prominent location upon his person the identification badge issued pursuant to this By-law.

20. Every vendor of refreshments shall, upon the request of the Licensing Officer or the police shall produce his identification badge and License certificate issued pursuant to this By-law.

21. No person shall sell or handle refreshments without wearing clean clothes and maintaining clean hands at all times.

22. No person shall own or permit the operation of a Refreshment Vehicle except in accordance with the following regulations:

(a) Refreshment Vehicles that dispense hot refreshments shall be equipped to maintain
such refreshments at a temperature approved by the Medical Officer of Health;

(b) adequate refrigeration as determined by the Medical Officer of Health shall be
equipped and maintained in each Refreshment Vehicle for perishable refreshments
that are required to be kept refrigerated;

(c) the date of preparation shall be clearly and legibly marked on or affixed to the
wrapper of each prepared non-liquid refreshment, including but not limited to
sandwiches, hamburgers and hot dogs and refreshments shall only be wrapped and
sold in individual packages;

(d) the body, doors and windows of each Refreshment Vehicle shall be of sufficiently
sound construction to protect the refreshments against the intrusion of dust, dirt,
flies and other injurious matters or things;

(e) the floor of such Refreshment Vehicle shall be of a suitable impervious material, free
of holes, cracks or crevices, and the surface thereof shall be readily washable and
shall be kept clean and in good condition;

(f) the Refreshment Vehicle and all parts and equipment thereof for use in the
dispensing of refreshments shall at all times be kept in a clean and sanitary condition
and in good repair;

(g) every Refreshment Vehicle shall be equipped with a refuse container with a self-
closing lid, which shall be kept in a clean and sanitary condition and emptied at least
once daily and such container shall be used for the disposal of all refuse;

(h) every refuse container shall be located in such a position on the Refreshment Vehicle
so as to be easily accessible by persons making purchases while the Refreshment
Vehicle is stopped;

(i) only disposable forks, knives, spoons, cups, plates and serviettes shall be used; and

(j) every Refreshment Vehicle and the equipment thereon that is used in connection with
the sale of hot refreshments shall be approved by the Town's Fire and Emergency
Services Department, or other applicable fire service department in the Town that is
acceptable to the Licensing Officer, in relation to standards which shall meet or exceed
the standards of the National Fire Protection Association respecting vehicles and
equipment used for such purpose.

23. No person may own or permit the operation of a Refreshment Vehicle without having clearly and legibly painted or posted on both sides of the vehicle the name of the owner, which is endorsed upon the Refreshment Vehicle License and without affixing to such vehicle in a location approved by the Licensing Officer a License Plate, together with a validation sticker issued in connection to this By-law.

24. No person shall own or permit the operation of any Refreshment Vehicle in a manner that is contrary to any Town by-laws relating to noise and nuisance control or restrictions.

25. No person shall own or permit the operation of a Refreshment Vehicle without permitting the Licensing Officer or a police officer' to inspect such Refreshment Vehicle to ensure compliance with that the provisions of this By-law.

26. No person shall own or permit the operation of a Refreshment Vehicle without providing to the Licensing Officer or the police upon request all documentation issued in relation to such vehicle by the Town pursuant to this By-law.

Schedule 4 - Brokers, Drivers and Owners of Taxicabs

Maximum Number of Licenses

1. The Licensing Officer may not issue more than one Taxicab Owner's License for each nine hundred (900) persons residing in the Town.

2. No person, acting alone or in concert with a subsidiary, affiliate or partnership, may dispatch, hold or control more than half (1/2) of the Town's total Owner's Licenses available. Any Accessible Taxicab Licenses issued under this By-law shall not be counted towards determining the share of License ownership in the
Town.

3. In addition to the Taxicab Owners' Licenses that may be issued pursuant to this By-law, the Licensing Officer may issue one (1) Accessible Taxicab License per every ten-thousand (10,000) persons, or a major part thereof, residing within the Town limits.

General Licensing Requirements

4. Every application for a License, or the renewal thereof, shall be delivered to the Licensing Officer, or a designated representative.

5. The Licensing Officer may, at any time, require an Applicant for a Taxicab Driver License or a Licensed Taxicab driver, if the Licensing Officer believes that it may be in the public interest, to provide a certificate, prepared by a duly qualified medical practitioner, attesting as to whether or not the Applicant or licensee is
physically fit and able to operate a Taxicab.

6. If, at any time, the photograph of a Taxicab driver is not a reasonable likeness of the driver because of physical changes, the passage of time or poor quality of the photograph, the Licensing Officer may require that the Driver provide another photograph to the Town.

7. No vehicle licensed to operate as a Taxicab, or Licensed to provide a similar type of service, in a municipality other than the Town may be Licensed as a Taxicab under this By-law.

Taxicab Owner License

8. No person shall be Licensed with an Owner License unless:

(a) he/she provides, upon initial application and every License renewal and at any time
upon request by the Licensing Officer, in relation to the vehicle subject to the
Application, proof of vehicle registration with the MTO in the form of a vehicle permit
that is in good standing and in the name of the Applicant on both the vehicle and
plate portion of the vehicle permit or, in the case of a vehicle that is being leased by
the Applicant, in the name of the lessor in the vehicle portion and in the name of the
Applicant in the plate portion of the vehicle permit together with a copy of
any associated lease agreement;

(b) he/she provides, upon initial application and every License renewal and at any time
upon request by the Licensing Officer, a certified copy of a current policy of insurance
from a recognized insurance company in relation to the operation of the Taxicab
subject to the application insuring the owner and any Taxicab operator for property
damage, personal injury or death to any one person in the sum of not less than two-
million ($2,000,000.00 CAD) Canadian Dollars and such policy shall contain
a provision for passenger hazard or third party liability for not less than
the foregoing amount, such policy shall also be endorsed to the effect that the Town
shall be given thirty (30) days prior written notice of any cancellation, expiration or
variation in the amount of the policy;

(c) he/she submit, upon initial application and every License renewal and any time other
time required pursuant to this By-law, the vehicle that is to be Licensed for
inspection by the Licensing Officer and the vehicle is approved by the Licensing
Officer for use as a Taxicab prior to using such vehicle as a Taxicab;

(d) he/she submit, upon initial application and every License renewal and any time
other time required pursuant to this By-law, a safety standard certificate for the
vehicle that is to be Licensed, which certificate is satisfactory to the Licensing Officer
and dated within thirty (30) days of submission;

(e) the Taxicab for which the License is to be issued meets all the requirements of this
By-law.

Taxicab Owner Responsibilities

9. Every person operating a Taxicab under an Owner License shall:

(a) Keep at all times in the Taxicab, the original, or a photocopy of the original, of each
of the following documents:

(i) current registration of the Taxicab with the MTO;

(ii) current Owner License issued under this By-law; and

(iii) certificate of liability insurance for the Taxicab, as required by this By-law.

(b) Have in or on the Taxicab:

(i) the Taxicab Plate assigned to the Taxicab firmly affixed to the rear bumper, or
at a location and in a manner approved by the Licensing Officer;

(ii) the markings and equipment required by this Schedule;

(iii) affixed, in a holder, or at a location and in a manner approved by the
Licensing Officer:

(1) the current Tariff Card,

(2) the number of the Taxicab Plate;

(3) a notice advising passengers of the grounds for refusing to accept a
Fare as set out in this By-law;

(4) a notice advising passengers that complaints may be made to the
Licensing Officer at a telephone number provided by the Licensing
Officer; and

(5) such other information as may be required by the Licensing Officer
from time to time;

(iv) a Taxicab meter of a type approved by the Licensing Officer and sealed by
the Licensing Officer and mounted in a position approved by the Licensing
Officer so that it is clearly visible to the passengers in the front and rear
seats of the Taxicab.

(d) Provide the Licensing Officer and, where applicable, any Broker with whom the
Owner may be associated, with the name of any and all drivers operating said
Taxicab within seventy-two (72) hours of the time when any such drivers commenced
to operate the said Taxicab.

(e) Repair any mechanical defect in the vehicle that is reported or comes to his/her/its
attention.

(f) Subject to the provisions of this By-law, ensure that any Taxicab shall be in service a
minimum of twelve (12) hours daily for at least five (5) days during any ten (10) day
period.

10. No person operating a Taxicab under an Owner License shall:

(a) Operate or permit to be operated any vehicle as a Taxicab that is not registered
under this By-law under an Owner License.

(b) Operate a Taxicab, or permit to be operated, a Taxicab without the Taxicab Plate
assigned to such Taxicab.

(c) Operate, or permit any person to operate, any vehicle as a Taxicab under a License
or Taxicab Plate issued pursuant to this By-law other than the vehicle to which such
License or Plate was assigned.

(d) Affix, or permit any person to affix, any License or Taxicab Plate issued pursuant to
this By-law to any vehicle other than the vehicle to which such License or Taxicab
Plate was assigned.

(e) Permit his/her Taxicab to be operated with mechanical defects.

(f) Allow or permit a Taxicab to be operated when it is not clean, not dry or if its interior
is not in good repair.

(g) Allow or permit a Taxicab to be operated when its exterior is not clean or it has
exterior body damage or rust.

(h) Operate or permit a Taxicab to be operated in affiliation with a Taxicab Broker who is
not licensed under this By-law.

(i) Display or permit the display of any sign, emblem, decal, ornament or advertisement,
on or in the Taxicab, except as required under this By-law or approved by the
Licensing Officer.

(j) Operate or permit a Taxicab to be operated unless a Taxicab meter is installed, which
meter complies with the requirements of this By-law and has been tested and sealed
by the Town.

(k) Operate or permit a Taxicab to be operated for the purpose of transporting children
to or from schools, except in compliance with the provisions of this By-law.

(I) Operate or permit a Taxicab to be operated for the purpose of providing a jitney
service.

11. Every person operating a Taxicab under an Owner License who ceases to work through a Broker shall:

(a) remove from the vehicle the roof light, radio equipment and telephone number of
such Broker;

(b) change and remove from the vehicle the colour scheme and all decals or other
Taxicab brokerage markings of such Broker;

(c) return to the Broker that the Owner is leaving, all business cards, promotional
material and other equipment belonging to that Broker.

Taxicab Driver License

12. No person shall be Licensed with a Taxicab Driver License unless:

(a) he/she holds and provides, upon initial application and every License renewal and at
any time upon request by the Licensing Officer, to the Licensing Officer proof that
he/she holds a valid and current class "G" driver's license issued by the Government
of Ontario;

(b) he/she provides the Licensing Officer, upon initial application and every License
renewal and at any time upon request by the licensing Officer, with records of the
licensee's or Applicant's driving, licensing and accident history supplied by the MTO
that are to the satisfaction of the Licensing Officer that is dated within ninety (90)
days prior to the date of the initial application, applicable renewal or request;

(c) he/she provides proof satisfactory to the Licensing Officer that he/she is at least
eighteen (18) years of age at the time of initial Application;

(d) he/she provides proof satisfactory to the Licensing Officer that he/she is a Canadian
citizen, permanent resident or otherwise holds a valid visa or permit that allows such
person to be legally employed in Canada;

(e) he/she holds an Owner License or provides, upon initial application and every License
renewal and at any time upon request by the Licensing Officer, a letter to the
Licensing Officer dated within ninety (90) days of the date of Application or request
from a prospective employer who holds an Owner's License declaring the intention of
such employer to engage the Applicant as a Taxicab driver or a letter to the Licensing
Officer from a current employer confirming ongoing employment as a Taxicab driver;

(f) he/she provides to the Licensing Officer, upon initial application and every License
renewal and at any time upon request by the Licensing Officer, a Police Vulnerable
Sector Check to the sole satisfaction of the Licensing Officer that is dated within
ninety (90) days prior to the date of the initial application, applicable renewal or
request;

Taxicab Driver Responsibilities

13. Every person Licensed under a Taxicab Driver License shall:

(a) at all times while driving a Taxicab display, at a place within the vehicle so that the
card is visible to passengers using the Taxicab, keep an identification card which shall
include a photograph of the driver;

(b) at all times while driving a Taxicab and at all times while on duty serving the public,
wear in a prominent place on the outside of clothing, so that it is visible when
approaching the public, an identification card which displays the driver's photograph,
name, Taxicab Driver License number and year of issue;

(c) upon the request of any passenger, or when there is any complaint or any dispute
about the Fare, give in writing, on the form prescribed by the Licensing Officer the
name, Taxicab Driver License number, Taxicab Owner License number, Taxicab Plate
number, name and address of the Owner, the amount of the Fare and the telephone
number of the Town;

(d) carry a valid Ontario driver's license at all times when operating a Taxicab;

(e) punctually keep all appointments and engagements and shall not make any
appointment if a previous engagement would prevent the driver from fulfilling it;

(f) unless a Taxicab has been previously engaged, whether day or night, serve the first
person who may require the service of a Taxicab, and if the driver claims to have a
previous engagement, the driver shall upon demand, give the time and place of such
engagement, except in the event that the driver has a disability, impairment or
allergy and is unable to service the passenger by reason of such disability,
impairment or allergy, in which event the driver shall make proper arrangements for
the servicing of that passenger before proceeding to the next engagement;

(g) notwithstanding paragraph (f), be at liberty to refuse to serve any person who:

(i) is intoxicated or disorderly;

(ii) refuses to give the destination;

(iii) is in possession of an animal, other than a guide dog serving a blind person
or a service animal serving someone with a disability;

(iv) has not paid a previous Fare or cancellation fee;

(v) is, in the opinion of the driver, unable or unwilling to pay the anticipated Fare
and has been unable to satisfy the driver that he has the funds to pay such
Fare; or

(vi) refuses to extinguish a cigarette, cigar or pipe;

(h) render such assistance as may be necessary so that any passenger may enter or
leave the Taxicab, unless assistance of more than one (1) person is required to
effect the entry or discharge of the passenger and no driver shall be required to
carry any person requiring assistance;

(i) be civil and behave courteously;

(j) be properly dressed, well groomed, neat and clean in personal appearance;

(k) drive the Taxicab operated by the driver in the most direct travelled route to the
point of destination unless otherwise directed by the passenger;

(l) keep in the Taxicab a current street guide or map, or an electronic device that
serves as a guide or map, of the Town and surrounding area satisfactory to the
Licensing Officer;

(m) turn off any radio or any other sound producing electronic or mechanical device in
the Taxicab and turn down the volume of any two-way radio system upon being
requested to do so by any passenger and, having done so, leave such devices in
the off or turned down position until termination of the trip with the requesting
passenger;

(n) each day, before commencing driving, inspect the Taxicab for interior and exterior
cleanliness, any mechanical defects and interior or exterior damage and report
forthwith any defects or damage found to the person holding the Owner License
for such Taxicab;

(o) while operating the Taxicab, maintain the interior of the Taxicab in a
clean condition and good repair;

(p) report, each day, upon completion of the operation of the Taxicab, all defects in
the Taxicab to the Owner of such Taxicab;

(q) take due care of all property delivered or entrusted to him/her and accepted for
the conveyance or safekeeping by a passenger and, immediately upon termination
of any hiring engagement, search the Taxicab for any property lost or left therein;
all property or money left in the Taxicab shall forthwith be delivered to the nearest
police station;

(r) take due care of all property delivered or entrusted to him/her and accepted for
the conveyance or safekeeping by a passenger and, immediately upon
termination of any hiring engagement, search the Taxicab for any property lost or
left therein; all property or money left in the Taxicab shall forthwith be delivered
to the nearest police station;

(s) keep a daily Trip Sheet showing, for each Taxicab vehicle the driver operates:

(i) a record of all trips made by a Taxicab that day;

(ii) the name of the Taxicab driver(s) that operated the vehicle;

(iii) the meter readings at the start and finish of each working period;

(iv) the date, time and location of the beginning and the termination of each
trip;
(v) the amount of the Fare collected for each trip recorded on the taxi
meter; and

(vi) the MTO license plate number of the Taxicab;

(t) retain all Trip Sheets for a least twelve (12) months and make them available for
inspection at the request of the Licensing Officer, or a Provincial Offences or
Police Officer;

(u) engage the Taxicab meter at the commencement of the trip and keep it engaged
throughout the trip, except where the trip's destination is outside the Town's
municipal boundaries, in which case the driver shall charge a flat rate agreed upon
by the driver and passenger for the portion of the trip outside of Town municipal
boundaries;

(v) at the conclusion of a trip, place the Taxicab meter in the time-off status
and after payment, place the meter in the vacant status;

(w) enter a Taxicab Stand by taking a position at the end of any line formed by any
Taxicabs already on the stand.

14. No driver of a Taxicab shall:

(a) carry liquor, wine or beer in any Taxicab at any time provided that this paragraph
shall not be intended to exclude the carrying of the liquor, wine or beer of any a bona
fide passenger in the Taxicab that is carried or placed in a Taxicab in accordance with
any applicable law;

(b) smoke, or permit anyone to smoke, any pipe, cigar, cigarette or any other tobacco or
similar product in a Taxicab;

(d) carry in a Taxicab a greater number of passengers than is set out in the vehicle
manufacturer's rating of seating capacity for such a vehicle;

(e) drive a Taxicab with luggage or any object placed in, hung on, or attached to the
vehicle in such a manner as will obstruct his/her view of the highway;

(f) take, consume or have in the driver's possession any alcohol, Drugs or intoxicants
while he is in charge of a Taxicab for which one is the driver;

(g) use any Tariff Card, other than one obtained from the Licensing Officer, or remove,
exchange, lend or otherwise dispose of the Tariff Card;

(h) take on any additional passengers after the Taxicab has departed with one or more
passengers from any one starting point, except under the following circumstances:

(i) when done at the request of the passenger already in the vehicle;

(ii) in an emergency situation; or

(iii) when operating a vehicle which is being used exclusively for
the transportation of children to and from school or for the transportation of
disabled persons;

(i) drive a Taxicab which does not have a Taxicab Plate affixed thereto;

(j) drive a Taxicab that is not Licensed with an Owner's License;

(k) permit a passenger to stand in a Taxicab while the vehicle is in motion;

(l) recommend hotels, restaurants or other like facilities unless requested to do so by the
passenger;

(m) be required to accept any order when the expenditure of money by the driver is
required on behalf of the passenger;

(n) operate a Taxicab when the meter has not been adjusted in accordance with the
current rates set out in this By-law, or when the operation of the meter has not been
approved by the Licensing Officer;

(o) operate a Taxicab when the Taxicab meter does not operate properly;

(p) operate a Taxicab when the Taxicab meter seal is improperly affixed;

(q) operate a Taxicab without a Taxicab Plate, side and rear numbers and roof light as
required by the provisions of this By-law;

(r) operate a Taxicab unless such vehicle,

(i) is equipped with an extra tire wheel and jack ready for use for that vehicle;

(ii) meets the standards for the issuance of a Safety Standard Certificate of
mechanical fitness;

(iii) is clean, dry, free from debris and in good repair as to its interior;

(iv) is clean and in good repair as to its exterior, free from rust and/or exterior
body damage and with a well maintained exterior paint finish;

(s) induce any person to engage the Taxicab by any misleading or deceiving statement
or representation to that person about the location or distance of any destination
named by that person;

(t) induce or permit any person to engage his/her Taxicab when he/she is ware that
another Taxicab has been dispatched to pick up that person, unless the passenger
exhibits a preference for the Taxicab of such driver and such chosen driver notifies
the other Taxicab driver who has been dispatched;

(u) have in a Taxicab or on the driver while on duty, the use of any device capable of
scanning two-way radio calls;

(v) subject to the provisions of this By-law and except for a tip, gratuity or credit card
service charge, recover or receive any Fare from any passenger or persons who had
demanded the services, which is greater than the Fare authorized by this By-law;

(w) recover or receive any Fare or charge from any person to whom the driver has
refused to show the Tariff Card;

(x) make any charge for time lost through defects or inefficiency of the Taxicab or the
incompetence of the driver;

(y) make any charge for the time elapsed due to early arrival of the Taxicab in response
to a call for the vehicle to arrive at a fixed time;

(z) be permitted to engage the Taxicab meter before the passenger enters the vehicle;

(aa) charge a Fare which is not in accordance with the appropriate Fare set out in
Appendix "A" to this Schedule;

(bb) operate a Taxicab without a valid Ontario driver's license;

Broker License

15. No person shall be Licensed with a Broker License unless:

(a) he/she demonstrates, upon initial application and every License renewal and at any
time upon request by the Licensing Officer, at least one (1) Owner License that is
operated under the brokerage or, upon initial application only, provides satisfactory
proof to the Licensing Officer that at least one (1) Owner License will be operated
upon issuance of a Broker License and subsequently demonstrates continual
brokerage of at least one (1) Owner License;

(b) he/she demonstrates, upon initial application and every License renewal and at any
time upon request by the Licensing Officer, to the Licensing Officer that the
brokerage service is and/or will be operated from a business/commercial office,
which office shall not be located in an area zoned for residential use and be in
compliance with the Zoning By-law and all other Town land use By-laws, the Planning
Act, R.S.O. 1990, c. P. 13, as amended, requirements and any other applicable law.

Taxicab Broker Responsibilities

16. Every person Licensed under a Broker License shall:

(a) maintain a business office, from which the Taxicab brokerage is operated;

(b) provide the Licensing Officer with a list of Taxicab Plates that are being operated
under the brokerage along with the names of every driver operating any Taxicab for
which the Broker has entered into an arrangement for the provision of brokerage
services;

(c) notify the Licensing Officer in writing, within ten (1 0) days, of any additions or
deletions from the list provided under subsection (2);

(d) carry on the Taxicab brokerage business twenty-four (24) hours a day during the
term of the Broker License, unless otherwise directed by the Licensing Officer;

(e) keep a record of each Taxicab dispatched on a trip, the time and date of receipt of the
order, and the pick-up location and retain these records for a period of at least twelve
(12) months;

(f) supply the Licensing Officer with a copy of any federal radio license call sign and
frequency number, if any;

(g) ensure that any person employed by the Broker for the purposes of dispatching calls
has a working knowledge of the geographic area of the Town of Bradford West
Gwillimbury and surrounding area, including but not limited to the location of streets,
public buildings and points of interest;

(h) upon request, inform any customer of the anticipated length of time required for a
Taxicab to arrive at the pick-up location;

(i) when volume of business is such that service will be delayed to a prospective
customer, the Broker shall inform the customer of the approximate length of the delay,
before accepting the offer;

(j) dispatch a Taxicab to any person or location within the municipal boundaries of the
Town requesting service within the municipality, unless the person requesting service
has not paid for a previous trip and these facts are verified by the Broker;

(k) carry on business only in the name in which the Broker is Licensed;

(l) on instruction of the Licensing Officer, not dispatch calls to a Taxicab, if, in the opinion
of the Licensing Officer, the operation of such a Taxicab was or is conducted in
contravention of this By-law or any other applicable law;

(m) at the request of the Licensing Officer, provide a list showing the number of Taxicabs
available for service to the public on any particular day, including the times when each
such Taxicab went on the road and the time when it was last available for service on
that day and also including the number of dispatched calls serviced by each such
Taxicab.

17. No person Licensed under a Broker License shall:

(a) Accept an order for, or in any way dispatch or direct orders to a Taxicab, Licensed
under this By-law,
(i) when the activity would be illegal under another municipal Taxicab or similar
licensing By-law, or provincial statute; or

(ii) when the Fare is different than that permitted under this By-law;

(b) accept orders or in any way dispatch or direct orders for a pick-up in a location
within the municipal boundaries of the Town to a Taxicab that is not Licensed with an
Owner License;

(c) dispatch or direct orders for a parcel delivery to a driver unless the Taxicab
driver first consents to make such parcel delivery;

(d) require any driver to accept any order necessitating the expenditure of money by the
driver on behalf of the customer;

(e) enter into an agreement for the provision of brokerage services with a Taxicab
driver or Owner who is already affiliated with another Broker;

(f) make any charge or financial demand, directly or indirectly, of a Taxicab owner,
lessee or sub-lessee of a Taxicab, other than dues;

(g) dispatch to any person within the municipal boundaries of the Town a Taxicab which
is not on the list provided to the Town under section 15;

(h) charge a tariff or enter into an agreement to charge a tariff which is
not in accordance with the provisions of this By-law.

Accessible Taxicabs
18. All of the provisions of this By-law in respect of Owners, drivers and Taxicabs shall apply to Owners and drivers of Accessible Taxicabs, unless otherwise indicated.

19. Accessible Taxicabs must be available at any time to provide service within a reasonable amount of time, as deemed by the Licensing Officer, of a request of such a service.

20. In addition to the requirements for Taxicab vehicles set out in this By-law, vehicles to be Licensed as Accessible Taxicabs shall, as a minimum, permit the loading, transportation and off-loading of persons utilizing a wheelchair in compliance with the requirements of Accessible Vehicles, R.R.O. 1990, Reg. 629, as amended, Safety Inspection, R.R.O. 1990, Reg. 611, as amended, made under the Highway Traffic Act, any applicable Canadian Standards Association standards, and all other relevant federal and provincial regulation.

21. Notwithstanding any other provisions of this By-law in respect of the dispatching of Taxicabs, when a customer requests the service of an Accessible Taxicab, the Owner of an Accessible Taxicab, and any associated Broker, shall ensure that such call shall receive priority over any other request for service to which the Accessible Taxicab might have been or may be dispatched. In the event the Accessible Taxicab has been dispatched to a customer not requiring the services
of an Accessible Taxicab, but the Accessible Taxicab has not been engaged, the Owner, and any associated Broker, shall ensure that another Taxicab is dispatched to respond to the customer not requiring the Accessible Taxicab and that the Accessible Taxicab is dispatched to the customer requiring such service.

22. In addition to the requirements for Owners set out in this By-law, no Owner shall operate or permit a Taxicab Licensed as an Accessible Taxicab to be operated by a driver unless such driver:

(a) is trained in the proper operation of the special equipment that is used
to accommodate disabled passengers;

(b) is trained in handling and accommodating the needs of disabled passengers;

(c) holds a certificate indicating successful completion of a recognized program, relating
to the operation of Accessible Taxicabs and providing services to disabled passengers,
which is satisfactory to the Licensing Officer.

Minimum Operating Time

23. An Owner License may be cancelled by the Licensing Officer at any time if the Owner fails to cause a Licensed Taxicab to provide taxicab service to the public a minimum of twelve (12) hours daily for at least five (5) days during any ten (10) day period, unless the Owner can show, to the satisfaction of the Licensing Officer, just cause for such failure.

24. Notwithstanding the provisions of section 23 of this Schedule, an Owner may choose to vary the number of Taxicabs in use and temporarily retire any of them for periods of time, provided that the welfare of the Taxicab traveling public does not suffer for lack of adequate service and subject to the following conditions:

(a) no Taxicab shall be taken off the road for a period longer than sixty (60) consecutive
days during any calendar year;

(b) a Taxicab may be temporarily retired on more than one (1) occasion within a
calendar year so long as the total period of temporary retirements does not exceed
ninety (90) days in any calendar year; and

(c) at no time shall the total number of temporarily retired Taxicabs, which are owned by
one Owner and Licensed under this By-law, exceed twenty percent (20%) of such
Taxicabs or, in the case of an Owner that owns less than ten (10) Taxicabs Licensed
to operate in the Town, exceed more than one (1) Taxicab.

25. A Broker License may be suspended or revoked by the Licensing Officer at any time if the Broker fails to actively operate for a continuous period of twenty-four (24) hours the Taxicab brokerage for which the Broker License has been issued, unless such Broker can show, to the satisfaction of the Licensing Officer, just cause for such failure.

Taxicab Fares

26. The Fares to be charged by the Owners and drivers of Taxicabs for the conveyance of passengers in the municipal boundaries of the Town shall be such as are set out in Appendix "A" to this Schedule and no Owner or driver shall charge any Fare in excess of those set out in the said Appendix "A".

27. Notwithstanding section 26, the Fare referred to in this By-law shall not apply to Taxicabs being used for the transportation of children to and from school or to Taxicabs operating under contract to any government agency for the transportation of children with a disability.

28. Notwithstanding section 26, in the case of passengers with a destination outside the municipal boundaries of the Town, such passengers shall be charged the rate set out in Appendix "A" to this Schedule, as measured by a meter, for the portion of the trip inside the municipal boundaries of the Town and flat rate, which shall be arranged prior to the commencement of the trip, for the portion of the trip that occurs outside of the municipal boundaries of the Town.

License Cancellation or Suspension

29. When a Taxicab Licensed under an Owner License ceases to have a current Ontario standard automobile insurance policy, which is valid, in good standing and properly endorsed in accordance with the provisions of this By-law, the Owner License associated with that Taxicab shall be deemed to be suspended as if notice of such decision was provided under subsection 6.1 of this By-law as of the date on which the cessation of insurance became effective and such
License shall only be reinstated on there being delivered to the Licensing Officer written proof of insurance in accordance with the provisions of the By-law.

30. When an Owner License is suspended under this By-law, an Owner of such suspended License shall forthwith remove the Taxicab Plate and return such Taxicab Plate, along with the License under suspension, to the Licensing Officer.

31. When a holder of Taxicab Driver License has his/her Province of Ontario driver's license suspended, cancelled or revoked, or where the License has expired, the License issued to such driver under this By-law shall be deemed to be suspended as if notice of such decision was provided under subsection 6.1 of this By-law as of the date of suspension, cancellation or revocation of the Provincial driver's license and such driver under suspension shall immediately return to the Licensing Officer the Taxicab Driver License issued under this Bylaw.

Cancellation or Expiration of Insurance

32. No person shall cancel or amend an insurance policy in place for a Taxicab before the date of expiry of such policy unless prior to such cancellation or amendment a certificate of a newly acquired insurance policy, which is in compliance with the requirements of this By-law, is provided to the satisfaction of the Licensing Officer.

33. All insurance renewal policies or certificates of insurance required under this Bylaw shall be filed with the Licensing Officer five (5) days prior to the expiry date of any current insurance policy in place for a given Taxicab.

Transfer of Owner License

34. For the purposes of this Schedule:

(a) "family member'' means a child, grandchild, spouse, parent or sibling;

(b) "beneficiary" means a person named in a valid will of the Owner as the beneficiary of
any Owner License held by such Owner at the time of death.

35. No Owner shall transfer or otherwise dispose of an Owner License unless:

(a) the transfer is from an Owner to a family member or to a corporation with the
controlling interesting being held by a family member of such Owner, or
(b) the transfer is from a deceased Owner, or his/her estate, to a family member of the
deceased Owner, to a beneficiary of the deceased Owner, or to a corporation with the
controlling interest being held by a family member or a beneficiary of such deceased
Owner;
and such transfer is approved by the Licensing Officer.

36. When an Owner License is held by a corporation, a License shall be deemed to have been transferred when fifty-one percent (51%), or more, of the ownership rights or voting rights attached to all the shares of such a corporation are sold or otherwise transferred.

37. An Owner requesting the transfer of an Owner License shall:

(a) request permission by writing to the Licensing Officer;

(b) supply any documentation required under this By-law and any other documentation
deemed necessary by the Licensing Officer to satisfy compliance with this By-law and
the law, as well as any other administrative forms or documents required by the
Licensing Officer, within ninety (90) days of the request; and

(c) upon approval of transfer by the Licensing Officer, forthwith return the Owner
License, along with the associated Taxicab Plate to the Licensing Officer.

38. A person seeking to obtain an Owner License through a transfer from an Owner shall:

(a) supply any supporting documentation or forms requested by the Licensing Officer;

(b) supply proof satisfactory to the Licensing Officer that such a person is entitled under
this By-law and has the legal right to obtain such a License through the proposed
transfer;

(d) pay the prescribed fee set out in Schedule "A" of this By-law.

39. Upon receipt of request for a transfer of an Owner License, the Licensing Officer may approve such transfer if all the requirements of this By-law are satisfied and the Licensing Officer is satisfied that the transfer will not negatively affect the welfare of the taxicab travelling public.

40. No transfer of an Owner License shall be approved by the Licensing Officer unless the transferee demonstrates that the vehicle that is to be Licensed satisfies all the requirements under this By-law for a vehicle to become Licensed under an Owner License.

41. No transfer of an Owner License shall be approved by the Licensing Officer unless the transferee is a person entitled to be Licensed as a holder of an Owner License pursuant to this By-law, except in the case of a temporary transfer to an estate in which case the Licensing Officer shall determine which requirements will be applicable or adjusted due to the nature of the estate entity.

Transfer of Owner License Upon Death of Owner
42. Where an Owner, who is a natural person, dies, the associated Owner License shall be deemed to be suspended and shall be returned to the Licensing Officer along with the associated Taxicab Plate.

43. Where an Owner, who is a corporation, is dissolved, wound-up or otherwise ceases to exist, the Owner License of such Owner shall be deemed to be irrevocably terminated and no person shall in way use, or purport to use, any such Owner License or associated Taxicab Plate, vehicle or other equipment.

44. Following the suspension and return of an Owner License pursuant to section 42 of this Schedule, the estate, a beneficiary or family member of such a deceased Owner may file a request within a period of one-hundred and twenty (120) days of death to:

(a) transfer the License to a beneficiary of the deceased Owner, to a family member of
the deceased Owner or to a corporation with the controlling interesting being held by
a family member or beneficiary of such deceased Owner;

(b) temporarily transfer such Owner License into the name of the estate.

45. Upon receipt of request to transfer an Owner License to an estate pursuant to paragraph (b) of section 44 of this Schedule, the Licensing Officer may permit for such License to be temporarily transferred and operated under the name of estate for a period not exceeding one (1) year from the date of receipt of the request to transfer, provided that the Licensing Officer is satisfied that it is operated in accordance with this By-law and the following are provided to the Licensing Officer within sixty (60) days of receiving a request for a transfer to an estate:

(a) an original or certified copy of a death certificate;

(b) proof that any person transferring the License has the legal status to effect the
transfer;

(d) proof of ownership rights to the Licensed vehicle;

(e) the prescribed fee set out in Schedule "A" of this By-law; and

(f) any other documentation required under this By-law and any other documentation
deemed necessary by the Licensing Officer to satisfy compliance with this By-law and
the law, as well as any other administrative forms or documents required by the
Licensing Officer.

46. Following a transfer of an Owner License to an estate, all requirements pursuant to this Schedule shall continue to apply to any such Owner License being operated by the estate.

47. In the case of an Owner License that has been temporarily transferred into the name of an estate, such a License shall be deemed to be irrevocably terminated one (1) year from the date of receipt of a request to transfer, unless before that date such License is transferred to a natural person or a corporation pursuant to the provision of this By-law.

48. Following the death of an Owner, if a request to transfer a License by an estate is not provided to the Licensing Officer within one-hundred and twenty (120) days as required under section 44 of this Schedule or if the Licensing Officer is not provided with the required documentation or satisfied, as required by section 45 of this Schedule, the Licensing Officer may, at his/her discretion, irrevocably terminate any such License of a deceased Owner.

Transfer of Taxicab Plate to Different Vehicle

49. An Owner that wishes to replace a vehicle that is License to be used as a Taxicab, before using such replacement vehicle as a Taxicab, shall:

(a) provide, to the Licensing Officer, the Owner License and the following with
respect to the replacement vehicle:
(i) proof of vehicle registration with the MTO that is in good standing and in the
name of the holder of the Owner License or, in the case of a vehicle that is
being leased, in the name of the lessor together with a copy of any associated
lease agreement;

(ii) proof of automobile insurance that is in compliance with the requirements of
this By-law;

(iii) safety standard certificate satisfactory to the Licensing Officer dated within
thirty (30) days of submission;

(iv) any other documents deemed necessary by the Licensing Officer to show that
proposed vehicle is suitable to serve a Taxicab and compliant with this By-law
and any applicable law.

(b) submit such replacement vehicle for inspection by the Licensing Officer and such
vehicle shall not be used as a Taxicab prior to being approved for use a Taxicab by
the Licensing Officer;

50. When an Owner wishing to replace a Taxicab vehicle meets all the requirements of section 49 of this Schedule, such approved replacement vehicle shall be deemed to be registered and the former vehicle for which the License has been issued is deemed to be no longer registered.

Age of Taxicabs

51. No person shall operate or permit to be operated under an Owner License, a vehicle which is of a model year older than ten (1 0) years, calculated from the first day of January of the model year.

52. Notwithstanding the provisions of section 51 of this Schedule, an Owner may make a written request to the Licensing Officer for an extension that would allow use of a model beyond the limit set out in ·section 51 of this Schedule. Upon such request by an Owner, the Licensing Officer may grant such exception at his/her discretion if he/she deems the vehicle to be suitable to continue to function as a Taxicab and the vehicle is in compliance with this By-law and any other
applicable law. The Licensing Officer may require a safety standard certificate, along with any other documentation deemed necessary, in order to assess the condition of the vehicle and its suitability to function beyond the period set out under section 51.

Taxicab Equipment and Markings

53. Every Owner shall maintain the following equipment and markings in relation to any Taxicab under his/her control:

(a) the name and telephone number of the Broker or Owner and the identifying letter "B"
followed by a set of numbers of the Taxicab Plate affixed on two (2) external sides of
the Taxicab in Aria I font at least fifteen (15) centimetres high, one (1) inch thick and
of contrasting colour to its background, all to the approval of the Licensing Officer;

(b) an electrically illuminated roof sign, displaying the name of the Broker or Owner in
Arial font at least ten (10) centimeters high, one (1) inch thick and of contrasting
colour to its background, where such sign is securely attached to the top of the
Taxicab in a manner approved by the Licensing Officer and wired to the Taxicab meter
and working in conjunction with the meter so that it is not illuminated when the meter
is engaged and is illuminated when the headlights are on and the meter is in the vacant status; and

(c) a distinctive colour scheme for any Taxicab(s) that shall not be the same distinctive
colour scheme being used by any other Broker or Owner with whom the Owner is not
affiliated, unless the approval of the Licensing Officer is first obtained.

54. No Owner shall:

(a) put any name, address or telephone number or identification, other than that of the
Owner or the Broker with whom the Owner is affiliated with, on any Taxicab or a
Taxicab roof sign;

(b) use or permit to be used on a Taxicab, any emblem, decal, roof-sign or other
markings which are the same shape and/or similar to any distinctive emblem, decal,
roof sign or other marking being used by any Broker with whom the owner is not
affiliated.

Taxicab Meters

55. Every Taxicab meter required by this By-law shall:

(a) register distances traveled, record trips and units and compute the Fare to be paid;

(b) be submitted for testing, inspection and sealing by the Licensing Officer at such time
and such place as may be directed by the Licensing Officer and in any event shall be
submitted for testing each time the meter is, or becomes, not properly affixed,
repaired, adjusted, replaced or is removed from the vehicle for any reason;

(d) be set and sealed in accordance with the Fares prescribed in Appendix "A" to this
Schedule;

(e) be tested as required at the discretion of the Licensing Officer;

(f) be kept in good working condition;

(g) in the event of any damage, malfunction, or breakdown to the meter, shall be
immediately repaired and be resealed in accordance with the requirements of this
By-law.

Taxicab Inspections

56. The Licensing Officer may, in addition to biannual inspections for which the Licensing Officer is to provide a written notice, require, through verbal or written notice for any reason and at any time, an Owner or driver to submit his/her/its Taxicab for an inspection at any time and place appointed by the Licensing Officer. This provision is in addition to and is not to be interpreted to limit or restrict any inspection or enforcement powers granted under this By-law to
conduct unannounced or other inspections.

57. Upon receipt of a notice of inspection under this Schedule, the Owner, or an agent of the Owner, of the Taxicab subject to the inspection, shall attend with the vehicle at the time and place appointed by the Licensing Officer and, if requested, shall bring a safety standard certificate that was issued within thirty (30) days of the inspection date.

58. Failure to submit a vehicle to any requested, required or demanded inspection pursuant to this By-law, shall result in the Owner License relating to such vehicle being suspended until any such inspection is conducted to the satisfaction of the Licensing Officer.

59. Every Taxicab powered by propane fuel shall have an applicable inspection certificate relating to the propane fuel system, which is satisfactory to the Licensing Officer, filed with the Licensing Officer for each new or renewal License as well as at the time of inspections of the vehicle.

Taxicab Decommissioning

60. When an Owner disposes of or otherwise ceases to use a Licensed vehicle as a Taxicab, the Owner shall immediately remove from the said vehicle being disposed of:

(a) the roof light;

(b) the taxicab meter;

(d) fender numbers;

(e) all other items which make the vehicle appear to the public to be a Taxicab;

and return the Owner Plate to the Licensing Officer within seven (7) business days of decommissioning.

Priority List for Taxicab Licenses

61. The Licensing Officer shall at least once in every calendar year review the availability of any Owner Licenses based on the numerical restrictions set out in this By-law and the current population of the Town. The Town shall not be required to redistribute any Owner Licenses that become available, other than at the time of the yearly review of availability.

62. In the event that an Owner License is available for distribution and a Priority List of eligible applicants for such Licenses exists in the control of the Licensing Officer, the Licensing Officer shall offer the Owner License to the person that has the highest priority on such list.

63. In the event that an Owner License is available for distribution and a Priority List of eligible applicants for such Licenses does not exist in the control of the Town, the Licensing Officer shall:

(a) advertise, at his/her discretion, for a period of a minimum of thirty (30) days the
availability of such Licenses;

(b) following the advertisement period set out in paragraph (a), accept applications for
the Priority List for a period of a minimum of one (1) business day;

(c) following the acceptance of applications pursuant to paragraph (b), hold a random
draw, established at the discretion of the Licensing Officer, to establish priority
ranking from the pool of submitted applications under paragraph (b) and offer any
available Owner License to the person ranked the highest on a such list.

64. Following the distribution of any Owner Licenses pursuant to section 63 of this Schedule, the Licensing Officer shall, at his/her discretion;

(a) maintain the Priority List that was created under section 63 of this Schedule and may
continue to accept applications from any eligible persons by adding any names of
new applicants in the position of having least priority in chronological order of
applications, provided that the Licensing Officer may at any time, at his/her
discretion, suspend the acceptance of such applications for a period of time to be
determined by the Licensing Officer; or

(b) destroy any Priority List created pursuant to section 63 of this Schedule.

65. If the Licensing Officer possesses a Priority List, any such list shall not be maintained for a period of longer than five (5) years from its original creation, unless, upon review of such a list and the potential of available of Owner Licenses, the Licensing Officer believes that there is a reasonable chance that any parties listed have an opportunity to obtain an Owner License within the foreseeable future. If a Priority List is kept longer than five (5) years, the Licensing Officer shall review it annually in order to determine if it should be continued to be maintained.

66. If the Licensing Officer possesses a Priority List, an applicant's name, any variation of such a name, or the name of any corporation for which such applicant is an owner, shareholder, director or senior officer shall only appear only once on any such list. Should an applicant submit multiple applications in violation of this provision and be entered onto the Priority List, all entries associated with such an applicant shall be deleted from the list, aside from the
entry holding the least priority ranking on the Priority List.

67. If the Licensing Officer possesses a Priority List, such a list will be available for inspection at the Licensing Office during normal business hours.

68. If the Licensing Officer possesses a Priority List and a person is offered an Owner License, the name of the person offered such a License shall be removed from the list and all other names shall be moved forward one (1) position.

69. If the Licensing Officer possesses a Priority List, a name that appears on the list shall be removed from such a list if at any time following the placing of such name on the list the person:

(a) obtains an Owner License or an interest in an Owner License through a firm,
company or corporation holding an Owner License;

(b) had an Owner License that was revoked;

(d) fails to satisfy the Licensing Officer, upon request by the Licensing
Officer, that he/she continue to permanently reside in Canada or that he/she/it
has resided in Canada for a period of at least six (6) months in the twelve
(12) month period prior to the request;

(e) transfers an Owner License; or

(f) fails to pay the annual Priority List fee, set out in Schedule "A" of this Bylaw, upon
demand of the Licensing Officer.

70. When a person is offered an Owner License pursuant to section 62 or 63 of this Schedule and refuses or fails to apply for an Owner Licence within ninety (90) days of receiving notice of availability of such a License at the address provided by such a person, the name of such a person shall be removed from any Priority List held by the Town and such a person shall be required to submit a new request to be added to any existing Priority List; if he/she subsequently wishes to apply for an Owner License.

Appendix "A" - Taxicab Fares

H.S.T. is included in all prices.

Metered Rates
For the first 200 meters or part thereof - $3.54
For each additional 200 meters or part thereof - $0.26
For waiting time while under engagement after two {2) minutes - $32.20

Non-Metered Rate - Waiting Time While Not Actively Engaged

For the first hour or part thereof - $20.00
For each additional fifteen {15) minutes - $5.00

Briefcases, and parcels of comparable size, are not considered to be hand baggage and no charges shall be applied to such items.
There shall be no charge for storage or conveyance of wheelchairs or any other
mobility aids or mobility assistive devices.
Senior citizens and the disabled are exempt baggage charges.
Any charges for items not covered by these rates or fares shall be agreed upon
by passenger and driver of the Taxicab before the commencement of the trip.

Schedule 5 - Kennels

1. Every Applicant shall appear in person before the Licensing Officer and shall complete an application in the form prescribed by the Licensing Officer. In the case of a Kennel owned by a partnership, such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of a Kennel owned by a corporation, such appearances shall be made by an officer of the corporation and not by an agent thereof. The application shall be accompanied by such information as the Licensing Officer may direct which, at a minimum, includes:

(a) the name, address and telephone number of the Kennel owner;

(b) the location of the Kennel; and

2. No person shall own or operate a Kennel except in accordance with the following regulations:

(a) the Kennel shall:
(i) be a separate building that is not in, upon, under or directly attached to any
building used for human habitation;

(ii) be maintained at a healthful temperature at all times for the health, welfare
and comfort of every dog and cat therein;

(iii) be maintained in a sanitary, ventilated and clean condition free
from offensive odours; and

(iv) be cleaned at least once daily, when in use, including the thorough cleaning
of the Kennel floor and the removal of excreta, dead animals and other
waste resulting from the keeping of dogs and cats;

(b) all buildings associated with the Kennel shall:

(i) comply with the Zoning By-law;

(ii) conform to and be maintained in accordance any applicable law;

(iii) have a floor made of concrete or similar material that is impermeable; and

(iv) have a floor equipped with an operating drain opening or suitable alternative
approved by the Licensing Officer;

(i) be completely enclosed with a sturdy-fence so as to prevent the animals from
escaping from the premises;

(ii) be accompanied by such structural or landscape screening as is necessary to
obstruct the visibility of the neighbouring properties from the animals being
kept in the facility;

(iii) be maintained in a sanitary, ventilated and clean condition free from offensive
odours; and

(iv) be cleaned at least once daily, when in use, including the removal of excreta,
dead animals and other waste resulting from the keeping of animals;

(d) all dogs and cats at the Kennel shall:

(i) be kept in sanitary, well-bedded, well-ventilated, lighted and clean quarters at
all times;

(ii) be fed and watered periodically each day and kept in a clean and
healthy condition free from vermin and disease; and

(iii) be provided with an exercise area so as to enable each animal to exercise
freely and easily so as to maintain physical health and well-being;

(e) any cages or pens used for the housing of animals at the Kennel shall be constructed
and maintained to:

(i) provide sufficient space to allow every animal in the cage or pen
to comfortably extend its legs to their full extent, stand, sit, turn around and
lie down in a fully extended position;

(ii) prevent any animal therein from readily escaping therefrom;

(iii) be readily cleaned; and

(iv) not be likely to harm any animal therein.

3. No person shall own or operate a Kennel on any premises that does not conform to the Zoning By-law and nothing in this By-Jaw and no License granted pursuant to this By-law shall be construed so as to create or grant a right to use land or premises in a manner that does not conform to the Zoning By-law.

Schedule "A" - Annual Fees for Licenses

Column 1	Column 2	Column 3
	License Fee	Expiry Date
Adult Entertainment Parlour
Owner/Operator - Initial	$250.00	January 31st
Owner/Operator - Renewal	$200.00	January 31st

Hawkers and Peddlers
Initial	$75.00	January 31st
Renewal	$70.00	January 31st

Refreshment Vehicles
Owner-Motorized - Initial	$250.00	April 30th
Owner-Motorized - Renewal	$200.00	April 30th
Owner-Motorized - Late Fee	$50.00
Owner-No Motor- Initial	$250.00	April 30th
Owner-No Motor - Renewal	$200.00	April 30th
Owner-No Motor- Late Fee	$50.00
Change of Vehicle Fee	$50.00
Replacement Plate	$30.00

Taxicabs
Owner License - Initial	$300.00	March 31st
Owner License - Renewal	$200.00	March 31st
Owner License - Late Fee	$90.00
Broker License- Initial	$300.00	March 31st
Broker License - Renewal	$200.00	March 31st
Broker License - Late Fee	$90.00
Taxicab Driver License - Initial	$100.00	March 31st
Taxicab Driver License - Renewal	$90.00	March 31st
Taxicab Driver License- Late Fee	$50.00
Taxicab Plate- Initial	$150.00
Taxicab Plate- Renewal	$100.00	March 31st
Transfer of Owner	$150.00
Annual Priority List Fee	$25.00
Replacement Taxicab Plate Fee	$30.00
I. D. Card and Tariff Card Fee	$5.00

Kennels
Initial	$300.00	June 30th
Renewal	$200.00	June 30th

Letter from Justice S. Armstrong addressed to Mr. Lee regarding the schedule of set fines for by-law number 2014-70

Part I - Set Fines Under the Provincial Offences Act

Provincial Offences Act Part I letter regarding the set fines for by-law 2014-70, signed by Regional Senior Justice Simon Armstrong.

ITEM	COLUMN 1	COLUMN 2	COLUMN 3
	Short Form Wording	Provision Creating or Defining the Offence	Set Fine
1.	Fail to obtain license - taxicab owner/driver	2.1(a)	$400.00
2.	Fail to obtain license - taxicab broker	2.1(b)	$400.00
3.	Fail to obtain license - refreshment vehicle operator	2.1(c)	$400.00
4.	Fail to obtain license - adult entertainment parlour owner/operator	2.1(d)	$400.00
5.	Fail to obtain license - hawker/peddler	2.1(e)	$400.00
6.	Fail to obtain license - kennel operator	2.1(f)	$400.00
7.	Fail to comply with regulations of by-law	2.3	$400.00
8.	Fail to post license in conspicuous place	13.1	$400.00
9.	Fail to produce license for inspection - premises	13.1	$400.00
10.	Fail to carry license	13.2	$400.00
11.	Fail to produce license - occupation	13.2	$400.00
12.	Fail to notify Licensing Offer - change of information	15.1	$400.00
13.	Refuse to serve person with disability	16.3(a)	$400.00
14.	Refuse to permit entrance to person with disability	16.3(b)	$400.00
15.	Obstruct/hinder any person conducting an inspection	17.4	$400.00
16.	Fail to comply with order	18.1	$400.00
17.	Adult Entertainment Parlour Owner - permit unlicensed operator	Sch. 1, Section 9	$400.00
18.	Adult Entertainment Parlour Operator - operate without owner's license	Sch. 1, Section 10	$400.00
19.	Adult Entertainment Parlour Entertainer - provide services without license	Sch. 1, Section 11	$400.00
20.	Adult Entertainment Parlour - over/operator offer goods to person under 18 years	Sch. 1, Section 12	$400.00
21.	Adult Entertainment Parlour -owner/operator permit entertainer touching	Sch. 1, Section 13	$400.00
22.	Adult Entertainment Parlour - owner/operator/entertainer fail to provide name, address and/or license	Sch. 1, Section 17	$400.00
23.	Adult Entertainment Parlour - owner/operator/entertainer permit services in breach of By-law	Sch. 1, Section 18	$400.00
24.	Adult Entertainment Parlour - owner/operator permit intoxicated person to enter	Sch. 1, Section 19	$400.00
25.	Adult Entertainment Parlour - owner/operator use or permit camera, photographic or recording device	Sch. 1, Section 24	$400.00
26.	Adult Entertainment Parlour - display or circulate poster, handbill, sign, card or novelty	Sch. 1, Section 25	$400.00
27.	Adult Entertainment Parlour - erect/maintain awning sign	Sch. 1, Section 26 (a) (i)	$400.00
28.	Adult Entertainment Parlour - erect/maintain canopy sign	Sch. 1, Section 26 (a) (ii)	$400.00
29.	Adult Entertainment Parlour - erect/maintain free standing canopy sign	Sch. 1, Section 26 (a) (iii)	$400.00
30.	Adult Entertainment Parlour - erect/maintain inflatable sign	Sch. 1, Section 26 (a) (vi)	$400.00
31.	Adult Entertainment Parlour - erect/maintain portable sign	Sch. 1, Section 26 (a) (v)	$400.00
32.	Adult Entertainment Parlour - erect/maintain trailer sign	Sch. 1, Section 26 (a) (vi)	$400.00
33.	Adult Entertainment Parlour - erect/maintain ground or pylon sign	Sch. 1, Section 26 (a) (vii)	$400.00
34.	Adult Entertainment Parlour - erect/maintain sign with letters, markings, symbols, pictures, or representations not registered with Licensing Officer	Sch. 1, Section 28	$400.00
35.	Adult Entertainment Parlour - owner/operator fail to remove sign	Sch. 1, Section 29	$400.00
36.	Adult Entertainment Parlour - owner/operator provide goods and services in room, cubicle or other enclosure	Sch. 1, Section 31	$400.00
37.	Adult Entertainment Parlour - owner/operator use premises as dwelling or sleeping purposes	Sch. 1, Section 33	$400.00
38.	Adult Entertainment Parlour - owner/operator equip locking device	Sch. 1, Section 34	$400.00
39.	Adult Entertainment Parlour - provide services in room, cubicle or other enclosure	Sch. 1, Section 36	$400.00
40.	Adult Entertainment Parlour - owner/operator permit person under 18 to enter or remain	Sch. 1, Section 38	$400.00
41.	Adult Entertainment Parlour - owner/operator permit services during restricted hours	Sch. 1, Section 39	$400.00
42.	Adult Entertainment Parlour - own/operate from restricted lands	Sch. 1, Section 41	$400.00
43.	Hawkers and Peddlers - engage occupation before sunrise	Sch. 2, Section 2	$400.00
44.	Hawkers and Peddlers - carry on business on municipal property	Sch. 2, Section 3	$400.00
45.	Peddlers - employ non-licensed peddler	Sch. 2, Section 4 (a)	$400.00
46.	Peddlers - employ more than three helpers	Sch. 2, Section 4 (b)	$400.00
47.	Refreshment Vehicles - own/operate refreshment vehicle without permit, license plate, driver's license and/or insurance	Sch. 3, Section 3 (a)	$400.00
48.	Refreshment Vehicles - own/operate refreshment vehicle without back-up signaling device	Sch. 3, Section 3 (d)	$400.00
49.	Refreshment Vehicles - own/operate refreshment vehicle from residential area	Sch. 3, Section 4 (a)	$400.00
50.	Refreshment Vehicles - own/operate refreshment vehicle from public highway	Sch. 3, Section 4 (b)	$400.00
51.	Refreshment Vehicles - own/operate oversized refreshment cart	Sch. 3, Section 6 (a)	$400.00
52.	Refreshment Carts - own/operate refreshment cart designed for external electricity or power	Sch. 3, Section 6 (b)	$400.00
53.	Refreshment Carts - own/operate refreshment cart with seating units	Sch. 3, Section 6 (c)	$400.00
54.	Refreshment Carts - sell from public highway	Sch. 3, Section 7	$400.00
55.	Refreshment Vehicles - own/operate contrary to provisions of by-law	Sch. 3, Section 9	$400.00
56.	Refreshment Vehicles - own/operate refreshment vehicle excess of 15 minutes	Sch. 3, Section 11	$400.00
57.	Refreshment Vehicles - own/operate refreshment vehicle from vacant land	Sch. 3, Section 12	$400.00
58.	Refreshment Vehicles - own/operate refreshment vehicle from Town property	Sch. 3, Section 14	$400.00
59.	Refreshment Vehicles - operate during prohibited hours	Sch. 3, Section 15	$400.00
60.	Refreshment Vehicles - owner permit unlicensed person to sell refreshments	Sch. 3, Section 16	$400.00
61.	Refreshment Vehicles - fail to wear identification badge	Sch. 3, Section 19	$400.00
62.	Refreshment Vehicles and Vendors - fail to produce identification badge	Sch. 3, Section 20	$400.00
63.	Refreshment Vehicles - fail to mark date of preparation	Sch. 3, Section 22 (c)	$400.00
64.	Refreshment Vehicles - vehicle fail to protect against dust, dirt, flies or other injurious matters or things	Sch. 3, Section 22 (d)	$400.00
65.	Refreshment Vehicles - vehicle not free of holes, cracks or crevices	Sch. 3, Section 22 (e)	$400.00
66.	Refreshment Vehicles - fail to be kept in clean sanitary condition and in good repair	Sch. 3, Section 22 (f)	$400.00
67.	Refreshment Vehicles - fail to equip refuse container	Sch. 3, Section 22 (g)	$400.00
68.	Refreshment Vehicles - fail to affix license plate	Sch. 3, Section 23	$400.00
69.	Refreshment Vehicles - fail to permit inspection of Refreshment Vehicle	Sch. 3, Section 25	$400.00
70.	Refreshment Vehicles - fail to provide documentation	Sch. 3, Section 26	$400.00
71.	Owners of Taxicabs - fail to provide proof of registration	Sch. 4, Section 8 (a)	$400.00
72.	Owners of Taxicabs - fail to provide proof of insurance	Sch. 4, Section 8 (b)	$400.00
73.	Owners of Taxicabs - fail to submit vehicle for inspection	Sch. 4, Section 8 (c)	$400.00
74.	Owners of Taxicabs - fail to submit safety standard certificate	Sch. 4, Section 8 (d)	$400.00
75.	Owners of Taxicabs - fail to keep current registration in taxicab	Sch. 4, Section 9 (a) (i)	$400.00
76.	Owners of Taxicabs - fail to keep current owner license in taxicab	Sch. 4, Section 9 (a) (ii)	$400.00
77.	Owners of Taxicabs - fail to keep certificate of liability insurance in taxicab	Sch. 4, Section 9 (a) (iii)	$400.00
78.	Owners of Taxicabs - fail to affix taxicab plate	Sch. 4, Section 9 (b) (i)	$400.00
79.	Owners of Taxicabs - fail to affix current tariff card	Sch. 4, Section 9 (b) (iii) (1)	$400.00
80.	Owners of Taxicabs - fail to affix number of taxicab plate	Sch. 4, Section 9 (b) (iii) (2)	$400.00
81.	Owners of Taxicabs - fail to affix notice for refusing fare	Sch. 4, Section 9 (b) (iii) (3)	$400.00
82.	Owners of Taxicabs - fail to affix notice for complaints to licensing officer	Sch. 4, Section 9 (b) (iii) (4)	$400.00
83.	Owners of Taxicabs - fail to have taxicab meter	Sch. 4, Section 9 (b) (iv)	$400.00
84.	Owners of Taxicabs - employ services of unlicensed taxicab driver	Sch. 4, Section 9 (c)	$400.00
85.	Owners of Taxicabs - fail to provide name of drivers	Sch. 4, Section 9 (d)	$400.00
86.	Owners of Taxicabs - fail to repair mechanical defect	Sch. 4, Section 9 (e)	$400.00
87.	Owners of Taxicabs - fail to provide services	Sch. 4, Section 9 (f)	$400.00
88.	Owners of Taxicabs - operate vehicle not registered under owner license	Sch. 4, Section 10 (a)	$400.00
89.	Owners of Taxicabs - operate taxicab without taxicab plate	Sch. 4, Section 10 (b)	$400.00
90.	Owners of Taxicabs - operate taxicab with plate or vehicle not assigned	Sch. 4, Section 10 (c)	$400.00
91.	Owners of Taxicabs - affix plate or license to vehicle not assigned	Sch. 4, Section 10 (d)	$400.00
92.	Owners of Taxicabs - operate taxicab with mechanical defects	Sch. 4, Section 10 (e)	$400.00
93.	Owners of Taxicabs - operate taxicab not clean, dry or in good repair	Sch. 4, Section 10 (f)	$400.00
94.	Owners of Taxicabs - operate taxicab with exterior body damage or unclean exterior	Sch. 4, Section 10 (g)	$400.00
95.	Owners of Taxicabs - operate taxicab in affiliation with unlicensed taxicab broker	Sch. 4, Section 10 (h)	$400.00
96.	Owners of Taxicabs - display sign, emblem, decal, ornament or advertisement not permitted	Sch. 4, Section 10 (i)	$400.00
97.	Owners of Taxicabs - operate taxicab without tested and sealed meter	Sch. 4, Section 10 (j)	$400.00
98.	Owners of Taxicabs - operate taxicab to transport children to or from schools	Sch. 4, Section 10 (k)	$400.00
99.	Owners of Taxicabs - operate taxicab as jitney service	Sch. 4, Section 10 (l)	$400.00
100.	Drivers or Taxicabs - fail to display identification card	Sch. 4, Section 13 (a)	$400.00
101.	Drivers or Taxicabs - fail to provide information to passenger	Sch. 4, Section 13 (c)	$400.00
102.	Drivers or Taxicabs - fail to carry Ontario driver's license	Sch. 4, Section 13 (d)	$400.00
103.	Drivers or Taxicabs - fail to drive in most direct travelled route to destination	Sch. 4, Section 13 (k)	$400.00
104.	Drivers or Taxicabs - fail to keep guide or map	Sch. 4, Section 13 (l)	$400.00
105.	Drivers or Taxicabs - fail to maintain interior in clean condition and good repair	Sch. 4, Section 13 (o)	$400.00
106.	Drivers or Taxicabs - fail to provide trip sheets	Sch. 4, Section 13 (t)	$400.00
107.	Drivers or Taxicabs - transport liquor	Sch. 4, Section 14 (a)	$400.00
108.	Drivers or Taxicabs - smoke or permit smoking	Sch. 4, Section 14 (b)	$400.00
109.	Drivers or Taxicabs - carry passenger other than paying passenger	Sch. 4, Section 14 (c)	$400.00
110.	Drivers or Taxicabs - carry more passengers than seating capacity	Sch. 4, Section 14 (d)	$400.00
111.	Drivers or Taxicabs - use unauthorized tariff card	Sch. 4, Section 14 (g)	$400.00
112.	Drivers or Taxicabs - drive taxicab without taxicab plate	Sch. 4, Section 14 (i)	$400.00
113.	Drivers or Taxicabs - drive taxicab without owner's license	Sch. 4, Section 14 (j)	$400.00
114.	Drivers or Taxicabs - operate taxicab meter at improper rate or without approval	Sch. 4, Section 14 (n)	$400.00
115.	Drivers or Taxicabs - operate taxicab with inoperable meter	Sch. 4, Section 14 (o)	$400.00
116.	Drivers or Taxicabs - operate taxicab with improperly sealed meter	Sch. 4, Section 14 (p)	$400.00
117.	Drivers or Taxicabs - operate taxicab without plate, side/rear numbers, and roof light	Sch. 4, Section 14 (q)	$400.00
118.	Drivers or Taxicabs - use device capable of scanning radio calls	Sch. 4, Section 14 (u)	$400.00
119.	Drivers or Taxicabs - receive fare greater than authorized	Sch. 4, Section 14 (v)	$400.00
120.	Drivers or Taxicabs - charge fare greater than Appendix "A"	Sch. 4, Section 14 (aa)	$400.00
121.	Drivers or Taxicabs - operate taxicab without valid Ontario driver's license	Sch. 4, Section 14 (bb)	$400.00
122.	Broker - fail to dispatch	Sch. 4, Section 16 (j)	$400.00
123.	Broker - dispatch taxicab without owners license	Sch. 4, Section 17 (b)	$400.00
124.	Broker - provide broker services to driver/owner affiliated with another broker	Sch. 4, Section 17 (e)	$400.00
125.	Broker - dispatch taxicab not listed under Section 15	Sch. 4, Section 17 (g)	$400.00
126.	Broker - charge tariff not in accordance with by-law	Sch. 4, Section 17 (h)	$400.00
127.	Owner of Taxicabs - operate vehicle older than 10 years	Sch. 4, Section 51	$400.00
128.	Owner of Taxicabs - put name, address, telephone number or identification not affiliated with taxicab	Sch. 4, Section 54 (a)	$400.00
129.	Owner of Taxicabs - use emblem, decal, roof-sign or other marking similar to broker not affiliated with taxicab	Sch. 4, Section 54 (b)	$400.00

Note: The general penalty provision for the offences listed above in Section 18 of the By-law 2014-70, a certified copy of which has been filed and section 61 of the Provincial Offences Act, R.S.O. 1990, c.P.33.

Part II - Set Fines Under the Provincial Offences Act

Provincial Offences Act Part II letter regarding the set fines for by-law 2014-70, signed by Regional Senior Justice Simon Armstrong.

Set Fines for Infractions under Part II of the Provincial Offences Act

For the Town of Bradford West Gwillimbury By-law No. 2014-70.

Business Licensing By-law Page 1 of 1

ITEM	COLUMN 1	COLUMN 2	COLUMN 3
	Short Form Wording	Provision Creating or Defining the Offence	Set Fine
1.	Hawkers and Peddlers - stop push cart or vehicle within thirty (30) metres of school or park.	Sch. 2, Section 5	$400.00