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CITY OF ST. CATHARINES
BY-LAW NO.
2.005-31 <t>
A By-law respecting the issuing of business licenses.
WHEREAS the Council of The Corporation of the City of St. Catharines is empowered to 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 of the municipality pursuant to section 150
of the Municipal Act, S.O. 2001, c. 25, as amended;
AND WHEREAS clause 150(8)(d) of the Municipal Act permits a municipality to define classes of
businesses and to separately license, regulate and govern each class;
AND WHEREAS clause 150(8)(e) of the Municipal Act permits a municipality to impose conditions
as a requirement of obtaining, continuing to hold or renewing a license, including conditions
restricting the hours of operation of the business and allowing the municipality to inspect the
places, premises and equipment used in the carrying on of the business at any reasonable time;
AND WHEREAS pursuant to section 151 of the Municipal Act, with regard to adult entertainment
establishments, which includes body rub parlours, the municipality may define the area in which
such businesses may operate, limit the number of licenses granted, regulate advertising devices
used to promote the business, and prohibit and person carrying on the business from permitting
any person under the age of eighteen years to enter or remain in the business premises;
AND WHEREAS the Council of the Corporation of the City of St. Catharines wishes to exercise
its licensing powers, including imposing conditions, with regard to particular businesses in
accordance with subsection 150(2) of the Municipal Act, for purposes of health and safety,
nuisance control and consumer protection more particularly as follows:
ADULT ENTERTAINMENT PARLOURS and BODY RUB PARLOURS for the purposes
of protecting the health and safety of patrons and attendants, and to ensure that the business is
conducted in a manner that will protect minors and not be a nuisance to the surrounding properties
and neighbourhood;
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AMUSEMENT ARCADES, PUBLIC HALLS and THEATRES including DRIVE-IN
THEATRES for purpose of ensuring the health and safety of patrons and to ensure that the
business is not a nuisance to surrounding properties and neighbourhood;
AUCTIONEERS for the purposes of ensuring consumer protection both in order to identify
those individuals carrying on business as auctioneers and regarding the auction items sold;
BI LL POSTERS for the purpose of ensuring that the business is not a nuisance to the
neighbourhood by having a negative aesthetic impact with regard to bulletin boards and sign
posters affixed to public property and to address any safety concerns posed by the location of bills
posted which can present a distraction to vehicular traffic;
HAWKERS & PEDDLERS, REFRESHMENT STANDS and RESTAURANTS for the
purpose of ensuring that the business is carried out in accordance with applicable health
standards for the health and safety of the consumer; and in the case of hawkers and peddlers,
to also ensure that the business does not represent a nuisance or a hazard to the public by
hindering vehicular or pedestrian traffic;
MASTER PLUMBERS and PLUMBING CONTRACTORS for the purpose of consumer
protection in order to ensure that the persons engaged in the business are properly qualified
pursuant to applicable Provincial legislation;
SECOND LEVEL LODGING HOUSES at the request of the Regional Municipality of
Niagara's Medical Officer of Health for the purpose of ensuring the health and safety of residents
of second level lodging facilities;
THE COUNCIL OF THE CORPORATION OF THE CITY OF ST. CATHARINES enacts as follows:
PART I
Definitions:
For the purposes of this By-law:
1.
"Applicant" means a person who is required to be licensed pursuant to this By-law, who
has made application for a license to the City Clerk and shall include a Licensee;
2.
"Appropriate authority having jurisdiction" means an agency or authority having jurisdiction
over any part of the business operation for which a license is being applied for and shall
include:
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3.
(a)
With regard to health matters, the Medical Officer of Health;
(b)
With regard to building matters, the Chief Building Official;
(c)
With regard to fire safety matters, the Chief Fire Official;
(d)
With regard to policing matters, the Chief of Police or his designate;
(e)
And any other agency deemed necessary by the City Clerk.
"Business" means a trade, business or occupation, and includes the sale or hire of goods
or services on an intermittent or one time basis, the showing for the purpose of sale or hire
of samples, patterns or specimens, of any goods and an activity or thing a local
municipality may license under the provisions of the Municipal Act, but does not include:
(a)
a manufacturing activity or an industry, except to the extent that it sells its products
or raw material by retail;
(b)
the selling of goods by wholesale; or
(c)
the generation, exploitation, extraction, harvesting, processing, renewal or
transportation of natural resources.
4.
"City" means the City of St. Catharines.
5.
"City Clerk" means the Clerk for The Corporation of the City of St. Catharines, being the
Director of Corporate Support Services, and shall include the Deputy City Clerk or the
Business and Lottery Licensing Inspector and any other person designated by the Clerk
to act in his place. The City Clerk is deemed to be a Provincial Offences Officer.
6.
"Council" means the Council for The Corporation of the City of St. Catharines.
7.
"Chief Building Official" means the person who may from time to time be appointed by
Council to the position of Chief Building Official in conformity with the provisions of the
Building Code Act, S.O. 1992, c.23, as amended.
8.
"Chief Fire Official" means the person who may from time to time be appointed by Council
to the position of Fire Chief, being the Chief of Fire Services for The Corporation of the
City of St. Catharines.
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9.
"Licensee" means a person who has been issued a license pursuant to this By-law and
who holds a valid license.
10.
"Medical Officer of Health" means the Chief Medical Officer of Health for The Regional
Municipality of Niagara.
11.
"Person" shall include an individual, association, charter association, firm, partnership or
corporation, or other entity.
12.
"Premises" means land including any and all buildings or other structures thereon and
includes any vehicle or conveyance used in the operation of the business.
PART"
Requirement of License
13.
No person shall carry on, conduct, operate, maintain, or Keep any business set forth in any
schedule to which this by-law is applicable, unless he/she first obtains a license from the City
Clerk.
14.
Every person engaging in any business for which he/she is required to be licensed by the
provisions of this By-law shall comply with all applicable statutes, regulations and by-laws.
15.
A person who, in pursuit of a business. exposes samples, patterns or specimens of any
goods or merchandise that are to be delivered in the municipality afterwards shall be deemed to
be carrying on business in the City.
PART III
Application
16.
Any person wishing to acquire a license shall apply in writing on a form provided by the City
Clerk and shall deposit the required fee with the City Clerk at the time of application.
17.
The City Clerk shall not issue a license until all fees, as established by Council from time
to time, are paid, the application has been fully completed and all required approvals have been
received.
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18.
The applicant shall complete a separate application, and pay the required fee, for each
premise from which a business is to be operated.
19.
The application shall be completed in compliance with any and all additional requirements
as may be set out in this by-law and schedules attached hereto that govern the business, or the
place or premises used in the carrying on of the business, or persons carrying on or engaged
in it and to which the application pertains.
20.
Where any premises are to be used for a purpose requiring a license, the requirements
of the applicable zoning by-laws shall be complied with.
21.
No license shall be issued for any purpose which is contrary to any statute, regulation or
by-law.
22.
The City Clerk shall only make a part refund of the application fee paid if the applicant •
withdraws the said application for license before the application is circulated to any of the
applicable departments or authorities.
PART IV
Processing of Applications
23.
Upon receiving an Application for License the City Clerk shall:
(a)
Circulate the Application to the applicable departments of The Corporation of the
City of St. Catharines and to the appropriate authorities having jurisdiction
pertaining to the business license being applied for;
(b)
Receive and review the reports from those individuals circulated to pursuant to
subsection 23(a);
(c)
Inquire into all relevant matters in order to ascertain if the applicant is entitled to a
license under the provisions of this By-law; and,
(d)
Upon being satisfied that the applicant is entitled to a license under the provisions
of this By-law, the City Clerk shall prepare and issue a license to the said applicant.
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PART V
Date of Expiry of License
24.
Every license issued under this By-law shall expire on the last day of the twelfth (12th)
month after that license was issued.
PART VI
Renewal of License
25.
Upon receipt of an Application for Renewal of License previously granted pursuant to this
By-law, the City Clerk shall follow the same procedures as provided for in Part IV for an
Application for License, with the sole exception that an inquiry respecting the zoning of the
licensed premise is not required.
26.
Upon being satisfied that the applicant is entitled to the renewal of a license under the
provisions of this By-law, the City Clerk shall prepare and issue a license to that applicant.
PART VII
License
27.
Every license shall show thereon the class of license granted, the period oftime for which
it is in effect, including the date of expiration, the name of the licensee, the name of the business
and address of the premises for which the license is issued. The said license shall be signed by
the City Clerk.
28.
In the event that a license issued under this By-law is lost or destroyed, the City Clerk upon
production of satisfactory proof of such loss or destruction and upon payment of the appropriate
fee, as determined by Council from time to time, shall issue a duplicate of the original license,
upon which there shall be stamped or marked the word "Duplicate".
29.
No person shall enjoy a vested or property right in any license or in any right granted by
a license, but such license and such rights remain the property of the City.
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30.
(a)
No license shall be transferred or assigned without the approval of the City Clerk.
(b)
Application for a transfer shall be submitted on a form provided by the City Clerk
and shall include written authorization signed by the Transferor for the City Clerk
to approve the transfer, the license granted with respect to the business premises,
and the applicable fee as established by Council from time to time.
(c)
The Transferee shall carry on the subject business in the same premise as was
used for that business by the Transferor and as indicated on the subject license.
(d)
The Transferor shall not be entitled to a refund of all or any part of the license fee
upon surrendering the license required to effect the said transfer.
PART VIII
License - General Requirements
31.
The Licensee shall, at all times, maintain and keep in a safe, clean and good condition, any
object, amusement, vehicles, place or premises for which the license has been issued. Failure
to do so shall be a breach by the Licensee of the said By-law and deemed to be an offence.
32.
The Licensee shall not cause, suffer or permit any obstruction on any highway, lane or
public place in front of, or adjoining the place or premises for which his/her license was issued,
unless specifically authorized to do so by Council.
33.
The Licensee shall not cause, suffer or permit any breach of any by-law of the Corporation
or of any local board thereof or any statute, order in counCil, or regulation of the legislature of the
Province of Ontario, or of the Parliament of Canada, or of any agency, board or commission of
either of them, in, upon, or in connection with the object, amusement, place or premises, for or
in relation to which his/her license was issued.
34.
Every Licensee shall be responsible for the performance and observance of all the
provisions of this By-law.
35.
The City Clerk, any provincial offences officer, or any representative of an appropriate
authority having jurisdiction, may at all reasonable times inspect, or cause to be inspected, the
premises, facilities, equipment, vehicles, and any other personal property used or kept for hire in
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connection with the carrying on of a business which is licensed, or required to be licensed,
pursuant to this By-law.
36.
The Licensee shall display by way of posting, the current license on the premises or part
thereof to which the license pertains, in such a position that it can readily be seen and read by
persons entering on or using the premises. Failure to do so shall be a breach by the Licensee of
the said By-law and deemed to be an offence.
37.
Where the License issued does not pertain to particular premises, the Licensee, employee
or agent thereof, shall keep the license with him/her at all times while carrying out the licensed
business and shall produce the said License to any person who so requests. Failure to do so shall
be a breach by the Licensee of the said By-law and deemed to be an offence.
38.
No person shall deny the City Clerk or any authorized representative of the City Clerk
access to the licensed premises.
39.
Any person suspected of having breached this by-law shall identify him/her self
immediately upon being requested to do so by a police officer or a provincial offences officer.
PART IX
Appeals
40.
Where the City Clerk refuses to issue a license to any applicant, the City Clerk shall notify
the applicant in writing of such decision and the said notice shall set out the reasons for the refusal
and shall state that the applicant may appeal such decision by filing a notice of appeal with the
said City Clerk within fifteen (15) days as set out by the provisions of this By-law.
41.
Where the City Clerk refuses to grant a license under this By-law, the applicant may appeal
this decision to the Council of The Corporation of the City of St. Catharines by filing with the City
Clerk a notice of appeal in writing of the said decision within fifteen (15) days of being notified of
the decision by the City Clerk.
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42.
Upon receipt of the Notice of Appeal from the Applicant, the City Clerk shall follow the
procedure set out in Part X.
43.
Upon appeal, the Council of The Corporation of the City of St. Catharines may grant a
license, refuse to grant a license, revoke a license or suspend a license and impose such terms
or conditions as Council deems appropriate. A decision made pursuant to the exercise of these
powers is final and binding upon any applicant or Licensee.
44.
In considering an appeal from refusal to grant a license, Council shall have regard to the
requirements of the provisions of this By-law and shall have regard to the following:
(a)
Whether or not the Applicant and the premises, facilities, equipment, vehicles or other
personal property used or kept for hire in connection with the carrying on of business
under a license, comply with all the requirements of this By-law, and other applicable laws.
(b)
Whether or not the Applicant has failed to promptly remedy any breach of this By-law.
(c)
Whether or not the Applicant has failed to comply with any requirements of any other
applicable by-law of the City or any local board thereof, or of any statute, order in council,
or regulation of the Provincial Legislature or Parliament of Canada, or of any agency,
board or commission thereof, in, upon or in connection with the licensed activity, or the
premises, facilities, equipment, vehicles or other personal property, used or kept for hire
in connection with the licensed activity.
(d)
Whether or not the Applicant has declined or refused to pay any fines imposed under the
Provincial Offences Act for contravention of this or any other by-law of the City.
(e)
Whether or not the applicant has paid all realty taxes due on the premises used in
connection with the business activity.
(f)
Whether the conduct of a person, or in the case of a corporation the conduct of its officers,
directors, employees or agents, affords reasonable grounds for belief that the person will
not carry on the business in accordance with the law or with honesty and integrity.
PART X
Procedure for Hearings before Council
45.
Upon' the filing of an appeal or on Council's own initiative to review a license, before
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Council determines whether or not to issue a license or refuse to grant a license or to suspend or
revoke a license issued under this by-law or predecessor thereof, the City Clerk shall fix a date
and time for such matter to be considered by Council and shall mail a notice of hearing to the
Licensee or applicant at his/her last address as shown in the records of the City Clerk and to any
other person who has applied in writing to be heard in regard of that matter.
46.
Such notice shall be sent at least fourteen (14) days prior to the time and date fixed forthe
hearing either by prepaid first class mail or facsimile transmission.
47.
A notice of hearing sent by mail shall be deemed to have been received by the Licensee
five (5) days after the date upon which it was mailed. A notice delivered by facsimile transmission
shall be deemed to have been received on the next business day after the date upon which it was
transmitted.
48.
At the hearing before Council, Council shall receive a report either verbally or/and in writing
from the City Clerk and from such other officers or employees of the Corporation who may be
involved in the matter being considered by Council.
49.
At the hearing before Council, the Licensee, either personally or through his/her agent or
solicitor, shall be afforded an opportunity to present such material and evidence relevant to the
issue before Council as he/she may deem expedient.
Council may, in its own discretion, ask
questions of those persons making presentation relevant to the said issue.
50.
Prior to making its decision, Council shall have regards to the provisions of this By-law,
including those factors outlined in section 45 of this By-law.
51.
Council may, in its sole discretion, afford any other person who appears to have an interest
in the matters under discussion an opportunity to make presentations pertaining to and relevant
to the issue before Council. Council, in its own discretion, may ask questions of persons making
such presentations.
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52.
Council may, after having heard all presenters and submissions made to it by the Licensee,
the City Clerk and any other such person as Council may afford an opportunity to be heard,
resolve into General Committee in camera to make necessary deliberations, however, the decision
shall be rendered in public.
53.
A decision made by Council sitting as General Committee shall be confirmed in Council
by resolution following the meeting of General Committee and a certified copy of such resolution
shall be mailed to the Licensee and to any person who has appeared before Council and
requested a copy of the resolution be provided to them.
54.
The decision of Council to issue a License, refuse to issue a License, revoke a License or
suspend a License may be subject to such terms and conditions as Council shall impose and the
said decision shall be final.
PART XI
Revocation and Suspension
55.
No person shall engage in or continue to conduct or permit any person to engage in or
continue to conduct any business for which a License is required by the terms and schedules of
this by-law while such License is suspended or revoked by Council.
56.
No refund of any payment of fees paid by an applicant shall be made upon revocation or
suspension of a License.
PART XII
Penalty
57.
Any person who contravenes any of the provisions of this by-law or its schedules is guilty
of an offence and subject to the penalties provided for such an offence in the Provincial Offences
Act, as amended, and other applicable legislation and successors thereto.
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PART XIII
Severance
58.
It is the express intent of Council that should any provision of this by-law be quashed by
a Court of law, the remaining provisions are to remain in full force and effect.
Gender/Singular
59.
In this By-law, unless the context otherwise requires words importing the singular number
shall include plural and words importing the masculine gender shall include the feminine.
Limitation
60.
This By-law shall supercede the City of St. Catharines Business Licensing By-laws
numbered 2001-19, 2001-256, and 2005-57, and shall expire the earlier of five years from the
date of its passage or the day it is repealed.
Read a first time this
12."TJi
Read a second time this
DE.c.EM BE~
day of
12..Tf1
Read a third time and passed this
DEC-ISM aE.R..
day of
12.-n.
day of
DECE:MBER-
2005
2005.
2005.
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j
CLERK
ACTING MAYOR
SCHEDULE "A"
CLASSES OF L1CENSFS
CLASS OF LICENSE
SCHEDULE
1)
ADULT ENTERTAINMENT PARLOUR
B1
2)
AMUSEMENT ARCADE
B2
3)
AUCTIONEER
B3
4)
BILL POSTER
B4
5)
BODY RUB PARLOUR
B5
6)
HAWKERS & PEDDLER
B6
7)
MASTER PLUMBER & PLUMBING CONTRACTOR
B7
8)
PUBLIC HALL
B8
9)
REFRESHMENT STAND/RESTAURANT
B9
10)
SECOND LEVEL LODGING HOUSE
B10
11 )
THEATRE & DRIVE-IN THEATRE
B11
SCHEDULE 81
A Schedule for the licensing of Adult Entertainment Parlours.
1.
In this Schedule,
(a) "Adult entertainment parlour" shall mean any premises or part thereof in which is
provided, in pursuance of a trade, calling, business or occupation or services appealing
to or designated to appeal to erotic or sexual appetites or inclinations;
2.
3.
When used in relation to adult entertainment parlours the following shall apply:
(a)
"Attendant" means any person other than a licensed owner or operator who
provides services designed to appeal to erotic or sexual appetites or inclinations
at an adult entertainment parlour.
(b)
"Operator" means a person who, alone or with others, operates, manages,
supervises, runs or controls an adult entertainment parlour.
(c)
"Owner" means a person who, alone or with others, has the right to possess or
occupy an adult entertainment parlour or actually does possess or occupy an adult
entertainment parlour, and includes a lessee of which adult entertainment parlour
or a premises in which an adult entertainment parlour is located.
(d)
"To provide" when used in relation to services, includes to furnish, perform, solicit
or give such services and "providing" and "provision" have corresponding
meanings.
(e)
"Services" includes activities, performances, exhibitions, viewings and encounters,
but does not include the exhibition of film approved under the Theatres Act;
(f)
"Services designated to appeal to erotic or sexual appetites or inclinations" include:
i)
services of which a principal feature or characteristic is the nudity or partial
nudity of any person;
ii)
services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy" or "nu" or any other word or any picture, symbol or
presentation having like meaning or implication is used in any
advertisement.
Without limiting the generality of any of the provisions of this by-law, no person shall own
or operate an adult entertainment parlour without first being licensed under this by-law.
4.
A separate owner's license shall be taken out in respect of each adult entertainment
parlour.
5.
Where an owner does not personally operate his adult entertainment parlour, every person
operating such adult entertainment parlour shall obtain a license to do so, but nothing
herein relieves such an owner from the requirement that he obtain a license as owner of
such adult entertainment parlour.
6.
No operator, not being the owner of an adult entertainment parlour, shall operate the said
adult entertainment parlour unless the owner of the said adult entertainment parlour is
licensed as an owner under this by-law.
7.
No owner of an adult entertainment parlour shall permit a person other than an operator
licensed under this by-law to operate such adult entertainment parlour.
Schedule B1
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8.
No person under the age of eighteen may be or act as an owner or operator at an adult
entertainment parlour or provide any services in an adult entertainment parlour.
Application
9.
An application for a license under this by-law shall be circulated to:
(a)
The Niagara Regional Health Services Department;
(b)
The City of St. Catharines Fire Services;
(c)
The City of St. Catharines Building Division, Property Standards Division,
Zoning Section.
10.
No license shall be issued to an applicant who is an owner or an operator of a body-rub
parlour unless or until the City Clerk has been furnished with satisfactory proof that all
approvals have been received from agencies and authorities circulated with the said
application for license.
11.
In addition to any of the provisions herein, the applications for both an owner and an
operator's license shall include the following information:
(a)
the name under which he intends to carry on business and shall notify the City
Clerk immediately upon any change to the business name;
(b)
the previous addresses during the past five (5) years immediately prior to the
present address of the applicant;
(c)
if the applicant is a corporation, the names and residence addresses of each of the
officers and directors of said corporation and of each shareholder owning more
than ten (10) per cent of the shares of the corporation, and address of the
corporation itself, if different from the address of the adult entertainment parlour;
(d)
if the applicant is a partnership, the names and residence addresses of each of the
partners including limited partners, and the address of the partnership itself, if
different from the address of the adult entertainment parlour;
(e)
all criminal convictions other than misdemeanour highway traffic violations of the
applicant or its officers and directors and its shareholders, or its partners, as
included in the application, including the dates of convictions, nature of the crimes,
and place convicted; and
(f)
an authorization for the City Clerk to seek information and conduct an investigation
into the truth of the statements set forth in the application and the qualifications of
the applicant for a license.
12.
On every application by an individual person for an owner's or operator's license or for the
renewal thereof, the applicant shall attend in person at the office of the City Clerk and shall
complete the prescribed form and shall furnish to the City Clerk such information as
required by this by-law.
13.
Every person applying for an owner's license or for an operator's license shall submit with
his application two passport sized photographs of his face, one of which photographs shall
be attached to the license and the other shall be filed with the City Clerk, and upon
application for renewal of any license the applicant shall furnish new photographs, if
required to do so by the City Clerk. Where the owner is a corporation, the person
authorized to apply for the owner's license on the corporation's behalf shall comply with
the requirements of this section.
Schedule 81
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14.
Every person applying for a license must use his own legal name in making such
application and no such license shall be issued to any person in any name other than his
own legal name. Every person applying for a license shall be required to prove the legality
of his name and his age to the satisfaction of the City Clerk.
15.
Every person applying for a license under this Schedule must be at least eighteen (18)
years of age. Every person applying for a license shall be required to prove his age to the
satisfaction of the City Clerk.
16.
Every person applying for an owner's license or renewal shall file with the City Clerk
documentation satisfactory to the City Clerk demonstrating the applicant's right to possess
or occupy the premises used by him as an adult entertainment parlour, and if such person
is not the registered owner or owner in fee simple of the property upon which the adult
entertainment parlour is located, such person shall file with the City Clerk at the same time
a copy of his lease if any, and of any other document constituting or affecting the legal
relationship between the said applicant and the registered owner or owner in fee simple
of the real property.
17.
The making of a false or misleading recital of fact, statement or representation in any part
of the license application shall be deemed a violation of the provisions of this by-law.
General
18.
No owner or operator shall permit openings in an adult entertainment parlour which
enables services designated to appeal to erotic or sexual appetites or inclinations to be
viewed from the outside of the said adult entertainment parlour.
19.
No owner or operator shall permit any person other than an individual employed by the
owner or operator as an attendant to provide services in his adult entertainment parlour.
20.
Every owner or operator who changes either his permanent or temporary residence shall,
within ten days after such change, attend at the office of the City Clerk and shall notify the
License Inspector of such change of address and shall produce his owner's or operator's
license for the change to be endorsed thereon.
21.
No owner's license shall be transferred and if an owner sells, leases or otherwise disposes
of his adult entertainment parlour or the premises or part thereof, upon or in which an adult
entertainment parlour is operated by any person, his license in respect of such adult
entertainment parlour or premises shall, notwithstanding any other provision of this by-law,
be terminated and shall be returned to the City Clerk.
22.
The City Clerk may issue a new owner's license to the purchaser, lessee or other person
obtaining an interest in an adult entertainment parlour or the premises or part thereof upon
or in which the adult entertainment parlour has been operated, subject also to the following
conditions:
(a)
that the new applicant qualify under all of the other provisions of this by-law and
that he comply with all the requirements of this by-law relating to him;
(b)
that the new applicant file with the City Clerk the documents relating to ownership
and to his right to possess or occupy the said adult entertainment parlour; and
(c)
that the applicant file with the City Clerk an executed copy of the written agreement
between the parties containing the details of the agreement between the parties
in respect of such adult entertainment parlour or premises.
Schedule B1
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23.
Upon the sale, lease or other disposition of an adult entertainment parlour, every
operator's license issued in respect of such adult entertainment parlour may be presented
to the City Clerk for the purposes of amending the said endorsement to reflect the new
owner for which the operator is presently working. In order for the operator to avail himself
of the amended endorsement he must present his operator's license to the City Clerk
within twenty (20) days of the new owner taking over an adult entertainment parlour,
otherwise, the operator's license shall be deemed to be terminated.
24.
No adult entertainment parlour shall be operated:
(a)
in any residentially zoned or residentially used lands pursuant to the applicable
zoning by-laws for the City of St. Catharines; or
(b)
within 150 metres of residentially zoned or residentially used premises, the said
distance to be measured from building to building; or
(c)
in areas otherwise prohibited by zoning by-laws for The Corporation of the City of
St. Catharines. For the purpose of this by-law, "Residentially zoned" or
"Residentially used", as they appear in Section 20 of this By-law shall be
interpreted to mean any lands zoned "Residential" or "Holding (H)" or lands on
which a school, as defined in the Education Act, R.S.O. 1990, c. E.2, is located.
25.
No owner or operator of an adult entertainment parlour shall place or permit to be placed
any sign or any other advertising device on any premises occupied by an adult
entertainment parlour, save and except a sign or any advertising device containing the
words "adult entertainment parlour" and the name under which the business is operated,
provided such name does not include any of the following words "nude", "naked",
"topless", "bottomless", "sexy" or any other words or picture, symbol or representation
having like meaning or implication.
26.
Every licensed owner and operator shall post his license in conspicuous location on the
business premises, and shall, at all times, keep copy of said license in his possession, and
upon request, by the City or any person authorized by it, shall produce the same.
27.
No owner or operator shall, in respect of an adult entertainment parlour owned or operated
by him, open such adult entertainment parlour for business or permit the same to be or to
remain open for business or permit any services of any kind to be provided in the said
adult entertainment parlour at any time between the hours of 1:00 o'clock in the forenoon
of any day and 8:00 o'clock in the forenoon of the same day.
28.
No person under the age of eighteen shall be permitted to enter or remain, or provide
services as an attendant, in an adult entertainment parlour.
29.
(a)
The operator of an adult entertainment parlour shall obtain proof of age from all
persons employed as attendants by the operator or owner, who provide or intend
to provide services designed to appeal to erotic or sexual appetites or inclinations
at the adult entertainment parlour, prior to opening for business on the day the
attendant will provide those services.
(b)
The proof of age shall consist of an identification card issued by a government or
a government agency bearing the photograph of the person intending to provide
the services designed to appeal to erotic or sexual appetites or inclinations, his/her
name, date of birth and address.
(a)
The operator shall maintain a record of the proofs of age he has obtained in
accordance with the requirements of Section 29, which shall consist of photostatic
reproductions of the proofs of age.
30.
Schedule 81
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(b)
The record shall be compiled each business day, prior to the opening of the adult
entertainment parlour for business on that business day and shall be kept on the
premises of the adult entertainment parlour to which the record relates
(c)
The record compiled in accordance with this section shall be maintained for a
period of one calendar year calculated from the date that the record was compiled.
(d)
The record shall be available for inspection, at any time during the business hours
ofthe adult entertainment parlour for which the record was compiled, by any peace
officer, or by-law enforcement officer and shall be produced at the request of such
an officer.
(e)
No person shall falsify the record required by this Section.
31.
The owner of an adult entertainment parlour shall ensure that the operator of the adult
entertainment parlour obtains the proofs of age prescribed by Section 29 and complies and
maintains the records prescribed by Section 30.
32.
No owner or operator shall, in respect of any adult entertainment parlour owned or
operated by him, knowingly permit any attendant, while providing services as an attendant,
to touch, or be touched by, or have physical contact with, any other person in any manner
whatsoever involving any part of that person's body.
33.
No attendant shall, while providing services as an attendant, touch or have physical
contact with any other person in any manner whatsoever involving any part of that person's
body.
34.
No owner or operator shall permit the door to any room or cubicle where services are to
be provided to 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 obtaining access
thereto.
35.
No premises or part thereof used as an adult entertainment parlour shall be used as a
dwelling or for sleeping purposes.
SCHEDULE B2
A Schedule for the licensing of Amusement Arcades.
1.
2.
In this Schedule:
(a)
"Amusement machine" means any mechanical, electronic or computerized machine
or device or any combination thereof, which is coin operated or used for gain or
hire, intended for use as a game. entertainment or amusement and shall include
pinball machines, television games, shooting galleries or other similar devices, but
shall not include billiards, games of chance as defined by the Criminal Code, or any
machine used only for the purpose of vending merchandise, or services, or playing
recorded music or any machines used for educational purposes used in
conjunction with institutions governed by the Education Act RS.O. 1990, c. E.2, as
amended.
(b)
"Amusement arcade" means any premises, part thereof, or separate part of a
premises, in which are located four or more amusement machines but does not
include any premises, part thereof or separate part thereof that is licensed under
the Liquor License Act RS.O. 1990 c. L. 19, as amended.
An application for an Amusement Arcade License shall be circulated to:
(a)
The City of St. Catharines Fire Services;
(b)
The City of St. Catharines Building Division, Zoning Section;
(c)
The Niagara Regional Health Services Department;
(d)
The Niagara Regional Police Department.
3.
No license shall be issued unless or until the City Clerk has been furnished with
satisfactory proof that all approvals have been received from agencies and authorities
circulated with the said application for license.
4.
No person shall operate an amusement arcade unless or until such time as a license
pursuant to this by-law has been issued therefor.
5.
No person shall conduct, operate or carry on, or permit to be conducted, operated or
carried on an amusement arcade closer than 300m to any school, as defined by the
Education Act RS.O. 1990, c. E.2, as amended.
6.
No person shall operate any amusement arcade in areas other than those permitted by the
provisions of the applicable zoning by-laws for the City of St. Catharines. In the event of
any conflict between the provisions of this by-law and those of any zoning by-law of the
City, the provisions of the zoning by-law shall prevail.
7.
The licensee shall ensure that:
(a)
The amusement arcade remains closed except during the following times:
i)
Monday to and including Thursday from 1:00 p.m. to 11 :00 p.m.
ii)
Friday from 1:00 p.m. to 12:00 midnight
iii)
Saturday from 10:00 a.m. to 12:00 midnight, and
iv)
Sunday from 12:00 noon to 11 :00 p.m.
Schedule 82
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8.
(b)
The amusement arcade is, at all times, supervised by a person who is no less than
18 years of age;
(c)
Only amusement machines which have been approved by Ontario Hydro or
successor thereof, or Canadian Standards Association (C.S.A.) and which display
the prescribed approval sticker shall be available for the public to use within the
amusement arcade;
(d)
No glass or transparent surface of the amusement arcade is obstructed in such a
way as to prevent a person outside the premises from observing activity within the
premises, without actually having to enter upon the premises;
(e)
The amusement arcade is kept in a clean and sanitary condition at all times;
(f)
The amusement arcade has at least two waste receptacles which are emptied at
least once a day;
(g)
All amusement machines are located within the premises;
(h)
No external sound system is installed or allowed to operate upon the premises;
(i)
No internal sound system broadcasting music or other sound can be heard from
outside the premises;
0)
No person is allowed to loiter, create a disturbance or cause undue noise while on
the licensed premises; and,
(k)
The amusement arcade has aisles between the ends of the amusement machines
measuring at least 2.4 metres.
In the case of a transfer of any license issued hereunder, the City Clerk shall forward a
copy of the application to the Niagara Regional Police Department for approval.
SCHEDULE 83
A Schedule for the licensing of Auctioneers.
1.
In this Schedule:
(a)
"Auctioneer" means any person selling or putting up for sale, goods, wares,
merchandise or effects by public auction, except a sheriff or bailiff offering for sale
goods or chattels seized under a writ of execution or distrained for rent.
2.
No person shall engage in or carry on the business of being an Auctioneer as defined in
this schedule without a License to do so.
3.
Every auctioneer shall keep proper books of accounts of the business transacted by him
as an auctioneer, which books shall give the names and addresses of persons depositing
goods with him for sale, the description of such goods, the prices for which the same are
sold, the name and addresses of the purchasers thereof and, forthwith after the sale of .
any goods shall account for the proceeds thereof to pay the same to the person entitled
thereto, after deduction of the proper charges and expenses; and, in case of no sale of
such goods being made, shall return the same on demand to the person entitled thereto
upon payment of his proper charges and expenses.
4.
All books kept by an auctioneer pursuant to this by-law shall be open at all times during
business hours to the inspection of any Police Officer, or other by-law enforcement officer.
5.
No auctioneer shall conduct, permit to be carried on at his premises or elsewhere under
his name or authority, any mock auction, or shall knowingly and wilfully make or permit to
be made any misrepresentation as to the nature, quality or value of any goods, wares,
merchandise or effects which may be offered for sale by him.
6.
Any person conducting the business of an auctioneer in the City shall comply with the
regulations applicable to the class of shop or shops operated by such auctioneer's
principal with respect to the closing of such class of shop or shops as provided for in any
municipal, provincial or federal legislation.
SCHEDULE B4
A Schedule for the licensing of Bill Posters and Bill Distributors.
1.
In this Schedule:
(a)
"Bills" means a poster or notice of any description and shall include bulletin boards
and sign posters.
(b)
"Bill poster" means a person who affixes bills on public property.
(c)
"Bill distributor" means a person who delivers unsolicited gratuitous bills to any
place or from door to door.
2.
No person shall distribute bills on behalf of any person, occupation or business without first
obtaining a license under this by-law to do so.
3.
No person shall affix any bill upon public property without first obtaining a license under
this by-law to do so, unless they are employed by a licensed bill poster.
4.
All applications for a bill poster license will be processed in accordance with the City of St.
Catharines Sign By-law.
SCHEDULE B5
A Schedule for the licensing of Body Rub Parlours.
Definitions
1.
In this Schedule:
(a)
"Body-rub" means the kneading, manipulating, rubbing, massaging, tOUching, or
stimulating, by any means, of a person's body or part thereof, but does not include
medical or therapeutic treatment given by a person otherwise duly qualified,
licensed or registered so to do under the laws of the Province of Ontario;
(b)
"Body-rub parlour" means any premises or part thereof where a body-rub is
performed, offered or solicited in pursuance of a trade, calling, business or
occupation, but does not include any premises or part thereof where the body-rubs
performed are for the purpose of medical, or therapeutic treatment and are
performed or offered by persons otherwise duly qualified, licensed or registered so
to do under the laws of the Province of Ontario;
(c)
"Body-rubber" means any person who performs or offers a body-rub in or at a
body-rub parlour in the pursuance of a trade, calling, business or occupation;
(d)
"Operator" means when used in reference to body rub parlour, any person who
alone or with others, operates, manages, supervises, runs or controls a body-rub
parlour, and "operate", "operation" and other words of like import or intent shall be
given a corresponding meaning;
(e)
"Owner" means a person who alone or with others has the right to possess or
occupy a body-rub parlour or actually does possess or occupy a body-rub parlour
or premises upon which a body-rub parlour is located; and
(f)
"Person authorized by the City" means a license inspector, an inspector appointed
under any by-law of the City, a by-law enforcement officer, a public health inspector
and the Medical Officer of Health, and Police Officers.
2.
Every owner, operator, or body-rubber, of a body-rub parlour, shall obtain a license under
this by-law.
3.
A separate owner's license shall be obtained in respect of each body-rub parlour. There
shall not be issued, nor shall there be in effect at any given time, any more than three (3)
owner's licenses in the City of S1. Catharines under this Schedule.
4.
Where an owner does not personally operate his body-rub parlour, every person operating
such body-rub parlour shall obtain a license to do so, but nothing herein relieves such an
owner from the requirement that he obtain a license as owner of such body-rub parlour.
5.
No operator, not being the owner of a body-rub parlour, shall operate said body-rub parlour
unless the owner of the said body-rub parlour is licensed as an owner under this by-law.
6.
No person shall perform, offer or solicit a body-rub in pursuance of a trade, calling,
business or occupation without being licensed as a body-rubber under this by-law.
7.
No body-rubber shall perform offer or solicit body-rubs in or at a body-rub parlour unless
the owner of the body- rub parlour, and the operator, if any, of the said body-rub parlour
are properly licensed under this by-law.
Schedule B5
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Application
8.
Every person applying for a license must attend in person and use his own legal name in
making such application and no license shall be issued to any person in any name other
than his own legal name. Every person applying for a license shall be required to prove
the legality of his name to the satisfaction of the City Clerk.
9.
Every person applying for a license under this Schedule must be at least eighteen (18)
years of age. Every person applying for a license shall be required to prove his age to the
satisfaction of the City Clerk.
10.
An application for a license under this by-law shall be circulated to:
(a)
The Niagara Health Services Department;
(b)
The City of St. Catharines Fire Services;
(c)
The Niagara Regional Police Department;
(d)
The City of St. Catharines Building Division, Zoning Section, Property Standards
Division.
11.
No license shall be issued to an applicant who is an owner or an operator of a body-rub
parlour unless or until the City Clerk has been furnished with satisfactory proof that all
approvals have been received from agencies and authorities circulated with the said
application for license.
12.
No license shall be issued to a body-rubber unless and until the City Clerk has been
advised in writing by:
13.
(a)
the Medical Officer of Health or his designate as to the good health and fitness of
the applicant, and
(b)
the Chief of Police or his designate as to the good character of the applicant;
In addition to any of the provisions herein, the applications for both an owner and an
operator's license shall include the following information:
(a)
a description of the services to be provided;
(b)
the name under which he intends to carry on business and shall notify the City
Clerk immediately upon any change to the business name;
(c)
the previous addresses during the past five (5) years immediately prior to the
present address of the applicant;
(d)
if the applicant is a corporation, the names and residence addresses of each of the
officers and directors of said corporation and of each shareholder owning more
than ten (10) per cent of the shares of the corporation, and address of the
corporation itself, if different from the address of the body-rub parlour;
(e)
ifthe applicant is a partnership, the names and residence addresses of each ofthe
partners including limited partners, and the address of the partnership itself, if
different from the address of the body-rub parlour;
(f)
all criminal convictions other than misdemeanour highway traffic violations of the
applicant or its officers and directors and its shareholders, or its partners, as
induded in the application, including the dates of convictions, nature of the crimes,
and place convicted; and,
Schedule B5
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(g)
an authorization for the City Clerk to seek information and conduct an investigation
into the truth of the statements set forth in the application and the qualifications of
the applicant for a license.
Record-keeping requirements
14.
15.
Every owner and every operator shall:
(a)
keep an appointment book in which the name of each and every patron shall be
entered, together with the time, date and place of service, and the service
provided, which shall be available for inspection by persons authorized by the City;
(b)
submit the name, address of ordinary residence, date of birth, and a passport-size
photograph of each body-rubber in their employ to the City Clerk and shall notify
the City Clerk within forty-eight (48) hours of any change to this information; and,
(c)
keep on file with the Medical Officer of Health a valid certificate on a form supplied
by the City signed by a duly qualified medical practitioner certifying that such
employee is free from communicable diseases and is medically fit to perform body­
rubs.
Every owner and every operator shall:
(a)
keep proper records and books of accounts of all business transacted in, by or in
respect of the body-rub parlour operated by him which books shall give the amount
of gross receipts for all services performed or provided in the said body-rub parlour,
the name and address of the persons upon whom the body-rub or other service is
performed, the name and license number of every body-rubber, including the date
of commencement and the date of termination of such services, the amount of
salary or commission paid to each body-rubber and all amounts paid by the owner
of such body-rub parlour.
(b)
keep such books and records as are required by subsection (a) of this section for
at least one year after the information required by that subsection is entered
therein, and the City or any person duly authorized by it shall at all times have
access to such records.
Bills/Receipts
16.
(a)
Immediately before any services are provided in a body-rub parlour the body­
rubber who is to provide the services shall give to the patron an itemized bill for
such services, listing the services to be provided and the price to be paid for each.
(b)
Upon payment of the bill referred to in subsection (a) of this section, the patron
shall be given a written serially numbered receipt for the full amount paid that
includes the full name and address of the patron and the license number of the
body-rubber that performed the services in question.
(c)
Every owner operating his own body-rub parlour and every operator of a body-rub
parlour shall ensure that the bill and receipt required by subsections (a) and (b) of
this section be provided to every patron of the body-rub parlour operated by him
and shall retain and keep a copy of each such bill and receipt for at least one year
after the services referred to therein are performed, and the City or any person
authorized by it shall at all times have access to such copies.
Schedule 85
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General Regulations
17.
Every owner and every operator of a body-rub parlour shall ensure that the following
provisions are complied with:
(a)
the body-rub parlour shall be:
(i)
well lighted,
(ii)
adequately ventilated,
(iii)
adequately heated,
(iv)
clean, and
(v)
adequately supplied with hot and cold running water;
(b)
all bathing devices, including steam baths, shall be properly cleaned before they
are used by any patron;
(c)
all robes, towels, blankets and linens furnished for the use of patrons shall be
freshly laundered before being offered for use to a patron;
(d)
opaque uniforms or garments shall be worn by body-rubbers while working on a
patron and shall be clean and made of washable material;
(e)
the sleeves of uniforms or garments of a body-rubber shall not reach below the
elbow;
(f)
the skin of the hands of a body-rubber shall be clean and in a healthy condition
and the nails shall be kept short and clean;
(g)
the hands of a body-rubber shall be washed thoroughly before every body rub;
(h)
the furniture and equipment shall be maintained in a safe and sanitary condition;
(i)
the body-rub parlour shall be supervised at all times when open for business; and
0)
no person under the age of eighteen (18) years shall be permitted to enter or
remain on the premises of the body-rub parlour for any reason.
18.
No body-rubber shall allow himself to be given a body-rub by a patron or in the presence
of a patron.
19.
No person shall, while in the presence of any other person in a body-rub parlour fail to
conceal with a fully opaque covering the sexual or genital parts of his or her body,
including breasts of a female.
20.
No premises, or part thereof, of a body-rub parlour shall be used as a dwelling or for
sleeping purposes.
21.
(a)
No premises or part thereof used as a body-rub parlour shall be constructed or
equipped so as to hinder or prevent enforcement of this by-law.
(b)
Without limiting the generality of the foregoing, every body-rub or other service
performed in a body-rub parlour shall be given in an individual room or cubicle but
no owner or operator shall permit the door to any room or cUbicle where a body-rub
service may be provided to be equipped with a locking device of any kind, or with
any other device or structure which could delay or hinder anyone from obtaining
access to such room or cubicle, or which is obstructive in any way whatsoever.
Schedule 85
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(c)
Without limiting the generality of the foregoing, no body-rubber shall perform a
body-rub or provide any other service in a room or cubicle with 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 hinder or delay
access thereto, or which is obstructed in any way whatsoever.
22.
Every licensed owner, operator and body-rubber shall post his license in conspicuous
location on the premises, and shall, at all times, keep copy of said license in his
possession, and upon request, by the City or any person authorized by it, shall produce
the same.
23.
No owner, operator or body-rubber shall operate a body-rub parlour before eight (8) o'clock
in the forenoon or after twelve (12) o'clock midnight.
SCHEDULE B6
A Schedule for the licensing of Hawkers and Peddlers.
1.
2.
In this Schedule:
a)
"Exhibition" means an event or part thereof in which a number of hawkers and
peddlers assemble in a particular place to engage in the sale of goods, wares or
merchandise.
b)
"Exhibitor" means a hawker and peddler who sells goods, wares or merchandise
at an exhibition.
c)
"Flea Market" means a property providing spaces or stalls for the purpose of selling
goods, wares or merchandise from the said space or stall.
d)
"Flea Market Vendor" means a person who hires a space or stall in a flea market
for the purpose of selling goods, wares, or merchandise.
e)
"Hawker and Peddler" means a person who goes from place to place or to a
particular place with goods, wares or merchandise for sale, or who carries and
exposes samples, patterns or specimens of any goods, wares or merchandise that
are to be delivered in the City of St. Catharines afterwards.
f)
"Non-Resident" means any person who is not a resident of the City of St.
Catharines.
g)
"Promoter" means a person who stages, organizes or manages an exhibition.
h)
"Resident" means a person who has resided continuously within the municipal
boundaries of the City of St. Catharines at least one year immediately prior to the
date that person applies for a Hawker and Peddler license.
i)
"The lands of The Corporation of the City of St. Catharines" means any real
property of any description to which The Corporation of the City of St. Catharines
holds title and shall include any sidewalk located in a Regional Road Allowance,
which sidewalk is maintained by The Corporation of the City of St. Catharines.
An application for a license under this by-law shall be circulated to one or all of the
following agencies as determined by the City Clerk:
(a)
The Niagara Regional Health Services Department;
(b)
The City of St. Catharines Fire Services;
(c)
The City of St. Catharines Transportation and Environmental Services, Traffic
Division;
(d)
The City of St. Catharines Building Division, Zoning Section.
3.
No license shall be issued unless or until the City Clerk has been furnished with
satisfactory proof that all approvals have been re'ceived from agencies and authorities
circulated with the said application for license.
4.
No person shall carry on business as a hawker or peddler unless or until such time as a
license has been issued under this by-law.
Schedule 86
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5.
Notwithstanding any other provision of this by-law, a flea market vendor shall not be
required to obtain a hawker and peddler license. For the purposes of this by-law a flea
market vendor shall be deemed to be the agent of the owner of the flea market in which
the said flea market vendor carries on business.
6.
Notwithstanding any other provision of this by-law, a person acting as a hawker and
peddler for a non-profit organization shall not be required to obtain a hawker and peddler
license.
7.
Notwithstanding any other provision of this by-law, a person having an agreement with the
City to occupy a stall in the St. Catharines Farmer's Market shall not be required to obtain
a hawker and peddler license.
8.
Notwithstanding any other provision of this by-law, an exhibitor shall not be required to
obtain a hawker and peddler license if the exhibition's promoter has a current license. For
the purposes of this by-law an exhibitor shall be deemed to be the agent of the promoter
of the exhibition in which the exhibitor sells goods, wares or merchandise.
9.
Notwithstanding any other provision of this by-law, a hawker and peddler license shall not
be required for hawking, peddling or selling goods, wares or merchandise:
(a)
to wholesale or retail dealers in similar goods, wares or merchandise;
(b)
if the goods, wares or merchandise are grown, produced or manufactured in
Ontario and are hawked, peddled or sold by the grower, producer or manufacturer
or an agent or employee of them having written authority so to do in the
municipality in which the grower, producer or manufacturer resides;
(c)
if the goods, wares or merchandise are grown or produced by a farmer resident in
Ontario, who offers for sale or sells only the produce of his own farm;
(d)
if the goods, wares or merchandise are hawked, peddled or sold by a person who
is assessed and pays a commercial rate of real property tax in The Corporation of
the City of St. Catharines or by that person's agent or employee;
(e)
ifthe goods, wares or merchandise are hawked, peddled or sold by an agent ofthe
grower, producer or manufacturer, acting on behalf of a dealer who is assessed
and pays a commercial rate of tax in the municipality in respect of premises used
for the sale of such goods, wares or merchandise; or
(f)
by persons who sell milk or cream or fluid milk products to the consumer or to any
person for resale.
10.
The onus of proving that a person is not required to obtain a hawker and peddler license
by any reason of the exceptions provided in section 8 of this Schedule shall be upon the
person claiming the benefit of the exception.
11.
For the purposes of this by-law, a promoter shall be deemed to be a hawker and peddler
whenever a promoter organizes, stages or manages an exhibition or a series of
exhibitions.
12.
No person shall carry on the business of a hawker or peddler from a place located on any
of the lands of The Corporation of the City of St. Catharines unless that person has
entered into an agreement with The Corporation of the City of St. Catharines.
Schedule 86
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13.
Where a person applies for a hawker and peddler license with the intent of carrying out the
business of a hawker or peddler from a place which is situated within a Regional Road
Allowance upon a sidewalk maintained by The Corporation of the St. Catharines, that
person shall obtain the written authorization ofthe Regional Municipality of Niagara for that
person to carry out the business of a hawker or peddler from the location specified in that
person's application for a hawker and peddler license.
14.
No person who has entered into an agreement to act as a hawker or peddler on any of the
lands of The Corporation of the City of St. Catharines shall carry on the business of a
hawker or peddler from any location within the municipal boundaries of The Corporation
of the City of St. Catharines other than the location specified in the agreement between
that person and The Corporation of the City of St. Catharines.
15.
A licensed hawker and peddler shall at all times while carrying on business have the
license with him or her and shall upon demand exhibit it to any by-law enforcement officer
or police officer and if the licensee fails to do so, the said licensee is guilty of an offence,
unless the same is accounted for satisfactorily.
16.
No vehicle, cart or other similar contrivance from which refreshments are sold shall carry
on business in the City of St. Catharines on the following parts of the highways, which are
prohibited areas namely:
i)
Lakeport Road, north of the intersection with Lock Street;
ii)
Canal Street between Gertrude Street and Lock Street;
iii)
Main Street, north of the intersection with Lock Street.
17.
No person operating a vehicle, cart or other similar contrivance from which refreshments
are sold for consumption by the public shall conduct, cause or permit to be conducted or
carried on such a business in a prohibited area.
18.
No vehicle, cart or other similar contrivance from which refreshments, other than ice cream,
ice cream desserts or other frozen confections, are sold shall be located within the area
equivalent to the width of the building entrance/exit and the length of the distance of three
(3) metres from the building face or the width of the sidewalk, whichever is less.
19.
No person shall offer for sale or sell goods, wares or merchandise as a hawker or peddler
from a vending cart and/or at a site which fails to conform to the regulations and
requirements set forth in Appendix "A" to this Schedule.
APPENDIX "A" to SCHEDULE B6
REGULATIONS PERTAINING TO HAWKERS AND PEDDLERS
Note: With the exception of the maximum leased area and pedestrian right of way requirements
which are applicable only to municipal sidewalk locations, these regulations apply to
vending carts located on either private or municipal property.
A. CART AESTHETICS
1.
Construction
All vending carts shall be commercially produced and made of all metal construction with smooth,
non-porous finish. The metal should preferably be stainless steel. Glass or plastic components
are permissible.
2.
Umbrellas and Canopy:
The lowest point of any umbrella or canopy shall maintain a minimum height of 2m from ground
level and shall be constructed of flame proof material.
3.
Size
No vending cart shall exceed 3 square metres in size, exclusive of umbrella or canopy. For carts
located on municipal sidewalks the maximum leased area to be occupied by the cart, accessory
receptacles and any canopy or umbrella shall be 7.5 square metres.
4.
Signage
A vending cart may have one identification sign, professionally produced and affixed to the cart
body, umbrella or canopy. No portable signs or advertising shall be permitted on the site.
5.
Pedestrian Right of Way
A minimum hard surfaced pedestrian right of way of 2.6 metres shall be provided between a
vending cart and any curb or physical obstruction such as utility poles, fire hydrants, bus shelters,
waste receptacles or other street furniture. Applications proposing less than the above standard
will be considered by City Council on their own merits.
6.
Maintenance
All vending carts shall be maintained in a clean and sanitary condition which is free of any physical
damage. Any umbrellas or canopies shall not be faded, tom or visibly patched.
B. SITE AESTHETICS
7.
Maintenance
The site and the adjacent area including pavement, sidewalk and boulevard shall be maintained
in a clean and sanitary condition. It shall be free from grease, papers, rubbish and debris. A
rubber mat or other washable material shall be placed beneath all food vending carts in order to
prevent grease from coming in contact with the sidewalk or pavement. All waste receptacles and
food storage containers shall be maintained in a clean and sanitary condition.
8.
Waste Receptacles
Each vending cart shall provide one washable waste receptacle of sufficient size to contain all
daily waste generated by the vending cart. It shall be located not more than 0.3 metres from the
vending cart and be removed from the site when the vending cart is not in operation.
9.
Food Storage
All food and beverages shall be stored within the vending cart or in not more than three, washable
food storage containers. Such containers shall be located within the work area of the vending
cart.
SCHEDULE B7
A Schedule for the licensing of Master Plumbers and Plumbing Contractors.
Definitions
1.
In this Schedule the following terms shall have the following meanings:
(a)
"Apprentice" shall mean a person as set out and described in the Trades
Qualification and Apprenticeship Act R.S.O. 1990 c.T17, as amended, and
apprenticed as a plumber.
(b)
"Building Drain" shall mean a pipe that is in or adjacent to a building that receives
the discharge from a stack and conveys the discharge to the building sewer.
(c)
"Building Sewer" shall mean a pipe that is connected to a building drain outside a
wall of a building and that conducts sanitary sewer or storm sewage to a public
sewer.
(d)
"License" shall mean a current valid license issued under the provisions of this By­
law and "Licensed" shall have a corresponding meaning.
(e)
"Journeyman Plumber" shall mean a person who has been issued a Certificate of
Qualification in the trade of plumber under the Trades Qualification and
Apprenticeship Act R.S.O. 1990 c.T17, as amended.
(f)
"Maintenance" shall mean the keeping in repair of plumbing, including the repair
of valves, faucets or leaks, replacement of valves or faucets or fixtures, installation
of a replacement hot water heater but shall not mean or include the installation,
construction, reconstruction, relocation or replacement of plumbing or additions
thereto.
(g)
"Master Plumber" shall mean a person who is skilled in the planning,
superintending and installing of plumbing, is familiar with the laws, rules and
regulations governing the same and who himself, or by Journeyman Plumbers
under his supervision, performs plumbing work.
(h)
"Plumbing" shall mean the pipes, fixtures and other apparatus for water supply.
venting and removal of water-borne wastes.
(i)
"Plumbing Contractor" shall mean a person engaged in the business of contracting
for the making of repairs of plumbing installations, and includes any person who
solicits for plumbing work, or who in any way advertises to, or holds himself out to
the public as being a Plumbing Contractor; and has a regular lawful place of
business in the Province of Ontario.
G)
"Water Service Pipe" shall mean a pipe on the property that conveys potable water
from the water service main at the property line to the main shut off valve inside the
building.
General
2.
No person shall hold himself out as a Master Plumber or a Plumbing Contractor without
first obtaining a License in accordance with the provisions of this By-law.
3.
No person shall permit, perform, carry out or effect any plumbing work within the City of
St. Catharines unless such person is:
(a)
licensed as a Master Plumber under this by-law; or
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4.
(b)
a Journeyman Plumber working under the supervision of a licensed Master
Plumber; or
(c)
registered with the Province of Ontario as an indentured apprentice in the plumbing
trade and is assisting a licensed Master Plumber in doing or performing plumbing
work in accordance with the·· provisions of this By-law, applicable law and
regulations pertaining to plumbing made under the Building Code Act, S.O.
1992,c.23, as amended; or
(d)
performing "Maintenance" as defined in this By-law; or
(e)
the owner personally doing plumbing work, that is additions or renovations to the
existing plumbing system, within a single dwelling unit owned and occupied as his
principal residence; or,
(f)
installing or repairing building drains, building sewers or water service piping on
private property, watermains or service piping as defined herein.
Where plumbing work must be performed by a licensed Master Plumber, the application
for the plumbing permit must be signed by the licensed Master Plumber or his authorized
agent.
Master Plumber License
5.
No application for a Master Plumber license shall be processed unless the applicant holds
a Certificate of Qualification for the trade of plumber issued pursuant to the Trades
Qualification and Apprenticeship Act R.S.O. 1990 c.T17, as amended. Every applicantfor
a Master Plumber's license shall have had not less than two years experience as a
journeyman plumber.
6.
Every applicant for a Master Plumber's License, who is not acting as a Plumbing
Contractor but is acting as the Master Plumber for a plumbing contractor, shall submit a
letter at the time of application and/or renewal, signed by the Plumbing Contractor or his
authorized agent, stating that the applicant is a full time employee of the business and will
be responsible for the plumbing work performed by the business.
7.
A Master Plumber shall notify the Senior Plumbing Inspector in writing forthwith, upon
ceasing to act as Master Plumber for a plumbing contractor.
8.
The Master Plumber's License is valid for a period of twelve (12) months and must be
renewed yearly by applying to the City Clerk and paying a fee as determined by Council
from time to time.
9.
Every Master Plumber shall at all times have in his possession the license issued to him
and upon request of a plumbing inspector, shall produce the same.
10.
A Master Plumber's License that is renewed after expiry does not need to pay licensing
fees for years not renewed provided that no plumbing services, for which a license under
this by-law is required, were rendered during that time period.
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Plumbing Contractor's License
11.
Every person licensed as a Plumbing Contractor shall have, at all times, in their full-time
employ at least one Master Plumber.
12.
Every applicant for a Plumbing Contractor's license shall submit a letter at the time of
application and/or renewal, signed by the Master Plumber, stating that the Master Plumber
is a full time employee of the business and will be responsible for the plumbing work
performed by the business.
13.
A Plumbing Contractor shall notify the Senior Plumbing Inspector in writing forthwith, upon
ceasing to have a Master Plumber in their full time employ.
14.
A Plumbing Contractor shall notify the City Clerk in writing forthwith upon change of
address of the business premises.
15.
The Plumbing Contractor's License is valid fora period of twelve (12) months and must be
renewed yearly by applying to the City Clerk and paying a fee as determined by Council
from time to time.
16.
Every Plumbing Contractor shall at all times have in his possession the license issued to
him and upon request of a plumbing inspector, shall produce the same.
17.
A Plumbing Contractor's License that is renewed after expiry does not need to pay
licensing fees for years not renewed provided that no services, for which a license under
this by-law is required, were rendered during that time period.
Master Plumber as Plumbing Contractor
18.
A licensed Master Plumber who also carries on business as a Plumbing Contractor is
exempt from sections 11 - 13 of this schedule provided that he submits a signed letter at
the time of application and/or renewal, stating that he will be responsible for the plumbing
work performed by the business.
19.
A licensed Master Plumber who also carries on business as a Plumbing Contractor shall
not be required to pay the additional license fee for a Plumbing Contractor license as
specified at section 15 of this schedule, and will not be issued with a separate Plumbing
Contractor's license but instead shall have their Master Plumber's license endorsed by the
City Clerk with the words "Plumbing Contractor".
Revocation of License
20.
The license of a Master Plumber or Plumbing Contractor may be revoked by Council if the
holder is shown to be incompetent or has been guilty of violations of the provisions of this
by-law or of the regulations respecting the plumbing made under the Building Code Act,
S.0.1992,c.23, and amendments thereto or other applicable law.
SCHEDULE B8
A Schedule for licensing Public Halls.
Definitions
1.
In this Schedule:
(a)
"Owner" means a person who alone or with others has the right to possess or
occupy a public hall and includes a lessee of the public hall or a premises in which
a public hall is located.
(b)
"Public hall" means a building or structure or any part thereof used or offered for
use as a place of public assembly for any purpose, but does not include a theatre
within the meaning of the Film Classification Act, S.O. 2005, c.17.
(c)
"Theatre" means premises licensed pursuant to Film Classification Act for the
purpose of the exhibition of film and shall include any premises commonly known
as a drive-in theatre.
(d)
'''Rave/After Hours Club" means premises or part of premises in which the primary
actiVity at the event is dancing by participants, which event is generally extending
into hours when entertainment venues are usually closed between 2:00 a.m. and
10:00 a.m. Participants to such events must pay money or give some other
consideration to participate in the event. Such events do not take place in a private
residential dwelling.
Applications
2.
(a)
An application for a license under this by-law shall be circulated to:
(i)
The City of St. Catharines Fire Services;
(ii)
The City of St. Catharines Building Division;
(iii)
The City of St. Catharines Building Division, Zoning Section;
(iv)
Ontario Hydro, or successor thereof, Electrical Inspection Department (by
applicant not by City Clerk);
(v)
Regional Municipality of Niagara - The Regional Niagara Public Health
Department - Inspection Division.
(vi)
The Niagara Regional Police Department, for applications pertaining to
Rave/After Hours Club only.
(b)
No license will be issued unless and until the City Clerk has been furnished with
satisfactory proof that all approvals have been received from all agencies and
authorities circulated with the said application for license.
(c)
Applications pertaining to renewals shall not be subject to circulation to those
agencies listed in ii), iii) and iv), unless renovations have been made to the said
premises or the City Clerk deems it appropriate.
General
3.
No person shall cause or permit the use or occupation of a public hall for any purpose
unless and until such time as a license under this by-law has been issued to the owner of
the public hall.
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4.
(a)
The owner of a public hall shall not allow a greater number of persons to enter and
be in the hall at anyone time than is stated to be the maximum capacity of the hall
on the license, which maximum capacity shall be detennined by other pertinent
Federal or Provincial statutes and/or regulations.
(b)
The owner of every public hall shall display in a prominent place in the entrance
way to the public hall and inside the hall adjacent to the entrance way placards with
the following wording in letters not less than four inches high:
"OCCUPANCY OF THIS HALL BY MORE THAN
......... PERSONS IS DANGEROUS AND UNLAWFUL."
with the blank filled in with the maximum capacity as stated on the license, the
placards shall also state the location of the nearest exits and telephone, the
telephone number of the fire department and the location of the nearest fire alann
box or fire hall.
5.
Before the public hall is used on any occasion the owner shall clear every outside fire
escape of snow and ice or other obstruction.
6.
Every stairway, passageway and fire escape shall be well lighted whenever the public hall
is in use, and all electric light bulbs within eight feet of the floor level shall be protected with
metal guards to prevent breakage or removal.
7.
False doors, windows, mirrors or other type of decoration which give the appearance of
a door or exit where no door or exit exists shall not be pennitted.
8.
Flammable liquids or explosives or other substances dangerous to human life shall not be
kept or stored in a public hall or in the building in which the pUblic hall is located except
where written approval is obtained from the Chief Building Official orthe Chief Fire Official.
9.
Every public hall shall be kept clean and clear of rubbish.
10.
Adequate waste receptacles with self-closing covers shall be provided and conveniently
placed for the deposit of used paper towels and rubbish and the contents of every such
container shall be emptied and disposed of immediately following the use of the hall.
11.
Public halls shall provide clean and hygienic toilet facilities for the number of attendants
expected pursuant to the occupancy load posted.
12.
Public pay phones shall be available to attendants at the public hall.
13.
(a)
Every year before using the heating equipment every public hall owner shall cause
the furnace or stove, the pipes therefrom and the chimney to be examined, cleaned
and put in a proper state of repair.
(b)
Every heating appliance placed in the auditorium of any public hall shall be
protected with sufficient guards and insulation, and shall be so located as to not
interfere with the flow of exit traffic and be not closer than twenty feet to any exit
door.
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14.
Any conviction imposed against the owner of a public hall for offences pertaining to the
activities of the owner or attendants of the public hall shall result in the revocation of the
license.
Bingo/Lottery Events
15.
In the case of a public hall, or any part thereof, used for the purpose of conducting a
bingollottery event therein, the following provisions shall apply:
(a)
No owner of a public hall shall use a public hall, or any part thereof, or pennit a
public hall, or any part thereof, to be used for the purpose of conducting a
bingollottery event therein without obtaining from the bingo/lottery licensee a valid
copy of the bingollottery license, including the tenns and conditions established by
the Province of Ontario and by the City of St. Catharines, under which a
bingo/lottery license is issued.
(b)
No owner of a public hall shall use a public hall, or any part thereof, or pennit a
public hall, or any part thereof, to be used for the purpose of conducting a
bingollottery event therein otherwise than in confonnity with tenns and conditions
established by the Province of Ontario and by the City of St. Catharines under
which the bingollottery license is issued.
(c)
No owner of a pubic hall shall counsel a bingo/lottery licensee to use a public hall,
or any part thereof for conducting of bingo/lottery events otherwise than in
conformity with the terms and conditions established by the Province of Ontario
and by the City of St. Catharines under which the bingollottery license is issued.
(d)
No owner of a public hall shall refuse to allow a public hall, or any part thereof, to
be used for the purpose of conducting a bingollottery event therein on the grounds
that a bingo/lottery licensee has complied with, or proposes to comply with, the
terms and conditions established by the Province of Ontario and by the City of St.
Catharines under which the bingo/lottery license is issued.
(e)
No owner of a public hall, or any part thereof, which is used for the purpose of
conducting bingo/lottery events therein shall act in such a manner as to contravene
or to cause the contravention of the tenns and conditions established by the
Province of Ontario and City of St. Catharines under which bingo/lottery licenses
are issued.
After Hours Club/Rave Event
16.
In the case of a public hall or any part thereof, used for the purposes of conducting an
after hours club or rave event, the following additional provisions shall apply:
a)
No owner shall use a public hall or any part thereof or permit a public hall or any
part thereof to be used for an after hours club or rave event unless the said
premises are adequately ventilated. All mechanical systems used for ventilation
must be in full working order and in operation during the event.
b)
No owner of a public hall shall use a public hall or any part thereof or pennit a
public hall or allow any part thereof to be used for an after hours club or rave event
unless mandatory chill out space has been provided for attendants of the said
events. The said area shall be to allow people to rest and cool down in a smoke
free, comfortable and cooler and quieter area than that being provided as the
dance area.
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c)
No owner of a public hall shall use a public hall or any part thereof or permit a
public hall, or any part thereof, to be used for an after hours club or rave event
unless cold, potable and unlimited drinking water is made available free of charge
at all times during the events to all attendants. The said public hall must display
signs clearly indicating where the people may access the said drinking water. Tap
water facilities must remain fully functional throughout the whole event.
d)
For the purposes of using public halls for after hours club or rave events, the owner
shall be required to provide police officers inside the public hall being used for the
said events. A minimum of two paid police officers shall be required for events of
less than 500 patrons. For every additional 500 patrons, one additional paid police
officer shall be required to be in attendance at all times. Notwithstanding the
provisions requiring a minimum of two paid police officers, the Niagara Regional
Police shall have the discretion to require the licensee to provide a greater number
of police officers for any given event. Officers of the Niagara Regional Police
Services hired on a paid duty basis are only required to perform those duties
outlined in the Police Services Act R.S.O. 1990, c.P.15.
e)
In addition to providing the required paid police officers for after hours club or rave
events, the owner shall be required to provide one security guard per 100 patrons.
f)
All owners of public halls or any part thereof being permitted to be used for the
purposes of an after hours club or rave event shall ensure compliance with the
Niagara Dance Safety Guideline.
Inspections
17.
(a)
No owner of a public hall or any part thereof shall prevent entry by police officers
for purposes of inspections during any event or occupation of the said public hall.
All premises or areas in use will be made available for appropriate inspection
purposes by police, and/or other authorities circulated to, and/or City Clerk.
(b)
A police officer or other representative of other authorities to which the subject
application may have been circulated to, and/or the City Clerk, may, without
warrant or court order, enter at any place where the police officer or other authority
circulated to reasonably believes that a rave or after hours club is being held.
(c)
During an inspection provided for herein, a police officer or other authority,
including the City Clerk, may:
(i)
make reasonable inquiries of any person; and
(ii)
require the production of any document or thing that may be relevant to the
inspection.
(d)
If there are reasonable grounds to believe that this by-law is being contravened on
any premises, or that a disturbance or breach of the peace sufficient to constitute
a threat to public safety is being caused on the licensed premises, a police officer
may require that all persons vacate the premises.
(e)
Where a direction is given by a police officer under the provisions of this section,
the permit holder or person acting as agent for the permit holder shall take all
reasonable steps to ensure that the premises are vacated immediately upon the
direction being given.
SCHEDULE B9
A Schedule for the licensing of Refreshment Stands and Restaurants.
1.
2.
In this Schedule:
(a)
"Refreshment stand" means a building or place, or part thereof, containing two or
less tables from which food and/or drinks are sold for immediate consumption by
the public, while seated in the building or place, or taken away for consumption
elsewhere.
(b)
"Restaurant" means a building or place, or part thereof, containing three or more
tables from which meals are prepared and sold for the immediate consumption of
the public generally while they are seated in the building or place.
An application for a license under this by-law shall be circulated to:
(a)
The Niagara Regional Health Services Department;
(b)
The City of St. Catharines Fire Department;
(c)
The City of St. Catharines Transportation and Environmental Services- Building
Division, Property Standards Division, and Zoning Section.
3.
No license shall be issued unless or until the City Clerk has been furnished with
satisfactory proof that all approvals have been received from agencies and authorities
circulated with the said application for license.
4.
No person shall operate a restaurant or refreshment stand unless and until such time as
a license has been issued pursuant to this By-law.
SCHEDULE B10
A Schedule for licensing Second Level Lodging Houses.
WHEREAS the passing of the Second Level Lodging House by-law resulted from a request of The
Regional Municipality of Niagara's Medical Officer of Health to assist them in ensuring health
standards in Second Level Lodging Houses:
Definitions
1.
In this Schedule;
(a)
"Activities of daily living" means those activities of the individual to maintain
nutrition, hygiene, warmth and rest;
(b)
"Mentally infirm" means a mental condition of a person such that it interferes with
his/her ability to be independent with respect to the activities of daily living;
(c)
"Operator" means the person to whom a license is issued under this by-law;
(d)
"Physically infirm" means the physical condition of a person such that it interferes
with his/her ability to be independent with respect to the activities of daily living;
(e)
"Second Level Lodging House" (hereinafter referred to as a "house") means a
nursing home and any house or other building or portion thereof:
(i)
in which persons are harboured, received or lodged for hire, but does not
include a hospital, nursing home, home for the young or the aged or
institution if it is licensed, approved or supervised under any other general
or special act; and,
(ii)
which accommodates four or more residents who are over the age of 65,
or physically or mentally infirm or who require guidance in the activities of
daily living and where 24 hours a day operator or adult supervision is
provided within the house to furnish such guidance.
Second Level Lodging Houses shall not include group homes as defined in other
by-laws for this municipality or otherwise regulated by Federal or Provincial statute
and/or regulation.
Application
2.
An application for a license under this by-law shall be circulated to:
(a)
The City of St. Catharines Fire Services;
(b)
The City of St. Catharines Transportation and Environmental Services Department,
Building, Property Standards and Zoning Divisions;
(c)
The Niagara Regional Health Services Department;
(d)
Ontario Hydro, or the successor thereof, Electrical Inspection Department.
3.
No license will be issued unless and until the City Clerk has been furnished with
satisfactory proof that all approvals have been received from all agencies and authorities
circulated with the said application for license.
4.
Licenses are not transferable and any change as to the person named as operator of the
Second Level Lodging House shall require that a new license be obtained.
Schedule B10
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5.
The operator shall inform the City Clerk, in writing, of any change in the information
contained on the license or initial application for the license.
6.
In addition to any other information required as part of an application for this license the
following shall be included:
7.
(a)
Four (4) copies of floor plans of the Second Level Lodging House, drawn to scale,
and showing the dimensions of any room or space to be occupied or used by the
residents, kitchen facilities and fire exits;
(b)
Consent to permit entry prior to the issuance of a license and from time to time
during the effective life of such license to any duly appointed municipal, Provincial
or Federal inspector required to enforce the provisions of the Property Standards
By-law, the Building Code, the Fire Marshal Act and the Fire Code, the Health
Protection and Promotion Act, and other applicable statutes or regulations, or the
provisions of this by-law; and,
(c)
Such other information as the City Clerk may require.
A person seeking to be licensed as an Operator shall provide with the application sufficient
documentary evidence to establish the following:
(a)
that the Operator is 18 years of age or over;
(b)
that the Operator has obtained an Ontario Secondary School Graduation Diploma
or evidence of equivalent standing as determined by the Minister of Education;
(c)
that the Operator provides evidence satisfactory to the Medical Officer of Health
of employment experience in work comparable to the administration of the House
which he/she proposes to be Operator of.
8.
The application shall be signed by the Operator who shall certify the truth of the contents
of the application.
9.
The Operator shall display in a prominent location, common and accessible to all the
residents of the licensed premises a notice giving the name, address and telephone
number of the Operator and the name, address and telephone number of a person
authorized to act in the case of an emergency or in the absence of the Operator.
Admission of Residents
10.
(a)
Where the physical or mental condition of a person is such that in the opinion of
the Medical Officer of Health or a physician the person cannot be properly cared
for in a House he/she may direct that the individual be transferred to an alternative
facility.
(b)
A person shall not be admitted as resident of a House without:
(i)
His/her consent; or
(ii)
the consent in writing of his/her next of kin or legal representative as the
case may be, when the person has been declared mentally or physically
incapable of giving consent.
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Medical Care
11.
(a)
The Operator shall ensure that each resident is given a tuberculin test or chest x­
ray within one week of admission and thereafter as required by the Medical Officer
of Health.
(b)
(i)
Each resident or his/her next of kin or legal representative, as the case may
be, shall ensure a physician is available to attend any resident and proVide
him/her with ongoing and emergency medical care at all times.
(ii)
Where the resident, his/her next of kin or legal representative are unable
to do so, the Operator shall ensure a physician is available to attend any
resident and provide him/her with ongoing and emergency medical care at
all times.
Nursing Care
12.
Wherever the Medical Officer of Health or physician mentioned in Section 10 determines
that a resident requires emergency nursing care or home care services, the Operator shall
allow such nursing care or home care services to be provided to that resident.
Notwithstanding the provisions of this Section, the Operator shall continue to comply with
all applicable Federal, Provincial and Municipal statutes, regulations and by-laws.
Drugs
13.
The Operator shall ensure that all drugs and prescription drugs are kept in a safe and
proper locked storage area and are made available only to those residents forwhom they
have been prescribed as directed by the physician and that a drug administration record
for each resident is maintained by the Operator.
Nutritional Care
14.
(a)
The Operator shall prepare monthly written menus in advance which are to be
posted, followed and kept on file.
(b)
The Operator shall serve three meals per day and accommodate as far as possible
special diets requiring more or less frequent mealtimes.
(c)
The Operator shall ensure that nourishing snacks shall be available mid-morning,
mid-afternoon and in the evening.
(d)
The Operator shall ensure that all meals and snacks will conform to Canada's Food
Guide, and shall be of sufficient quantity, quality, variety and nutritional caloric
content to maintain each resident's optimal weight.
Building
15.
(a)
The Operator shall ensure that the kitchen complies with the Food and Premises
Regulations underthe Health Protection and Promotion Act, as amended from time
to time, regardless of the number of residents.
(b)
All parts of the building for which a license is issued as a Second Level Lodging
House shall be deemed to be classified as a Nursing Home for the purposes of
applying the provisions of the Building Code Act.
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Employees
16.
(a)
The Operator shall not hire persons as employees of the house unless:
i)
the person has a pre-employment examination by a physician not more
than 30 days before his/her employment is to commence and the person
obtains a certificate from the examining physician certifying that he/she is
free from infectious disease and fit to work in a House;
ii)
the person produces a certificate that he/she has had a tuberculin test or
chest x-ray within one year before his/her employment is to commence.
Nothing in this paragraph shall operate to preclude employment of students or
employment not directly associated with the day to day care and treatment of
residents.
(b)
Every employee in a House shall undergo at any time such examinations or tests
as may be required by the Medical Officer of Health as to hislher continuing fitness
to work in a House.
(c)
A person who is a carrier of, or has a communicable disease, shall not continue to
work or be employed in a House as required by the Medical Officer of Health
pursuant to the Health Protection and Promotion Act and regulations.
Records and Reports
17.
(a)
An up-to-date alphabetical list of residents shall be maintained showing, for each
resident, the name, sex, age and date of admission.
(b)
A separate file shall be maintained for each resident showing at least his name,
sex, age, date of admission and discharge or death, the name, address and
telephone number of nearest relative, a brief medical history, particulars of each
accident suffered by the resident.
(c)
A record shall be made of every occurrence of communicable disease and of death
resulting from an accident or an undetermined cause and shall be sent or delivered
forthwith to the Medical Officer of Health. A copy shall be kept in the resident's file.
(d)
A record shall be made of every occurrence of assault and/or injury and shall be
placed in the residenfs file and kept available for inspection by the Medical Officer
of Health or his designate.
(e)
A report shall be made of every fire and shall be sent or delivered forthwith to the
Chief Fire Official and a copy shall be kept on file in the House. Further, a copy of
an approved fire plan shall be kept on file in each House in addition to complying
with any other applicable provisions and regulations of the Fire Protection and
Prevention Act.
(f)
The evidence required to be provided by the Operator and employees pursuant to
Section 13 and 14 shall be kept in a separate file and kept available for inspection
by the Medical Officer of Health or his designate.
Enforcement
18.
(a)
All matters which do not specifically deal with regulations, statutes and by-laws
pertaining to fire, building, property standards or other provisions regulated by
other municipal by-laws, shall be enforced by the Medical Officer of Health.
(b)
All provisions dealing with the standard of care contained herein shall be inspected
by the Medical Officer of Health or his designate.
(c)
All costs incurred by the Medical Officer of Health in its enforcement and inspection
duties hereinunder shall not be the responsibility of the City of St. Catharines.
SCHEDULE B11
A Schedule for the licensing of Theatres and Drive-In Theatres.
1.
2.
In this Schedule:
(a)
"Drive-in theatre" means premises from which film is used to exhibit moving
pictures and viewed by the public from vehicles.
(b)
"Theatre" means premises licensed pursuant to Film Classification Act, S.O. 2005,
c. 17., for the purpose of the exhibition of film, but shall not include an adult
entertainment parlour, as defined by this by-law.
An application for a license under this by-law shall be circulated to:
(a)
The Niagara Regional Health Services Department;
(b)
The City of St. Catharines Fire Services;
(c)
The City of St. Catharines Building Division, Property Standards Division,
Zoning Section.
3.
No license shall be issued unless or until the City Clerk has been furnished with
satisfactory proof that all approvals have been received from agencies and authorities
circulated with the said application for license.
4.
No person shall operate a theatre or drive-in theatre unless and until such time as a
license has been issued pursuant to this By-law.
5.
The applicant for a license under this by-law shall provide a true copy of a valid license
issued pursuant to the Film Classification Act as part of the license application.
6.
No license under this by-law shall be issued unless the theatre or drive-in theatre is
licensed pursuant to the Film Classification Act.