Transient Trader By-law No. 89-90

Whereas it is necessary and expedient to license and regulate Transient Traders and others pursuant to Paragraph 16 of Section 232 of The Municipal Act, R.S.O. 1980, Chapter 302, and amendments thereto;

And whereas By-law No. 83-23 is the existing By-law regulating Transient Traders in the Town of Collingwood and it is necessary to alter said By-law;

Therefore be it enacted by the Municipal Council of the Corporation of the Town of Collingwood as follows:

1. Definitions
   1. Transient Trader shall have the meaning as set out in Section 232, Subsection 17, Paragraph (a) of the Municipal Act, R.S.O. 1980, Chapter 302 and shall include without limiting the generality of the foregoing:
      • Non-resident photographers who temporarily operate out of resident business establishments or otherwise, and who sell their merchandise to members of the public, whether for promotional purposes or otherwise. 
      • Persons bringing goods into the Town to sell by auction or otherwise, whether or not the premises from which the goods are being sold by such persons, have been rented. 
      • Persons whose names have been entered on the last revised Assessment Roll in respect of Business Assessment, but who carry on a secondary business, whether or not related to the primary business, away from the premises to which their Business Assessment is applicable and who do not pay a separate Business Assessment in respect of the secondary business.
   2. Prescribed licence fee, for the purposes of this By-law shall be $590.00 (fees and service charge by-law).
2. Any licence issued by the municipality is valid only for the year in which it is issued. This provision is not applicable to licences which have been issued in the year that this By-law is enacted. 
3. Where a licence is revoked, the licensee is entitled to a refund of a part of the licence fee proportion ate to the unexpired portion of the term for which it is granted. 
4. Any licence granted by the municipality under this By-law is subject to by-laws passed from time to time governing the same.
5. No Transient Trader shall offer goods, wares, or merchandise for sale by auction conducted by himself or by a licenced auctioneer or otherwise, or shall offer goods, wares or merchandise for sale in any other manner within the Town of Collingwood, without first having obtained a licence so to do, which licence may be obtained upon application to the Town Clerk and upon payment of the prescribed licence fee.
6. Every person other than a Transient Trader as defined herein, who after the return of the Assessment Roll in respect of Business Assessment, commences to carry on any business in premises in respect of which he is liable for business assessment, shall pay a licence fee before commencing such business. The amount of the licence fee to be paid shall be a sum computed by reference to the taxes on the business assessment which such person would have been required to pay for the current year in respect of the premises in which he has commenced business if he had been previously assessed and made liable for such taxes and shall be either one-half of the amount of such taxes for the whole year or a proportionate part of the same for the balance of the year after he commences business, whichever shall be the greater.
7. Sections 5 and 6 hereof shall not apply to the sale of the stock of a bankrupt or insolvent within the meaning of any Bankruptcy or Insolvency Act in force in Ontario, nor to the sale of any stock damaged by or by reason of fire, which is being sold or disposed of, within the limits of the Town of Collingwood, if the business is being caried on in the Town of Collingwood at the time of the bankruptcy, insolvency or fire so 1ong as no goods, wares or merchandise are added to such stock, nor shall it apply to the sale of a business to a bona fide purchaser who continues to operate the same.
8. Sections 5 and 6 hereof do not apply to a farmer, resident in Ontario, who offers for sale only the produce of his own farm.
9. Every Applicant for a licence under this part shall, with his application, furnish the Town Clerk with a statement in writing, containing a full description of the goods, wares or merchandise which he proposes to sell. 
10. Every licence issued under this part shall at all times be displayed prominently in the place of business in which the business is carried on or a vehicle or other equipment used for the operation of the business during the full term for which the licence is required.
11. The sum paid for a licence shall be credited to the person paying it or to any bona fide purchaser of the business who carries on the business on account of taxes payable in respect of business and in respect of real property on the 1 and used for the purpose of or in connection with the business during the year in which the licence was issued.
12. Every person who carries on business in contravention of this By-law shall be guilty of an offence and shall incur a penalty equal to the licence fee which he should have paid and in addition thereto, the sum of not less than Ten ($10.00) Dollars and not more than Two Hundred ($200.00) Dollars for each offence exclusive of costs and the same shall be recoverable under the Provincial Offences Act of Ontario.
13. This By-law shall come into force and have effect from and after the passing thereof.
14. By-law No. 83-23 is hereby repealed. 
15. All by-laws or parts of by-laws inconsistent with this By-law are hereby repealed.
16. That this By-law be introduced, read a first and second time and referred to Committee of the Whole for study this 30th day of October, 1989.