Transcript Open House New Business Licensing By-Law May 7, 2009 Open House New Business Licensing By-Law Background Information History ►On October 4, 2004 current business licensing by-law.

Open House
New Business Licensing By-Law
May 7, 2009
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Open House
New Business Licensing By-Law
Background Information
History
►On October 4, 2004 current business licensing by-law (2004) 17551 was approved.
The only purposes for licensing permitted by the Municipal Act were :
Health and safety
→ e.g. Restaurants
Consumer protection → e.g. Vehicle Service Est.
Nuisance
→ e.g. Refrigerated bicycle cart
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Status of the current Business Licensing By-law
Under our current by-law the purposes for licensing are as follows:
•Health
•Safety
•Wellbeing
…where there is a municipal interest* that is not
otherwise provincially or federally legislated.
Examples of what constitutes municipal interest is as follows:
• Food handling/preparation/sales
• Procedures involving bodily contact
• Large assemblies of people (100+)
• People overnight sleeping
• Required or allowed by legislation
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Process-Staff team review
Staff team comprised of members of the following service areas:
Building
By-law
Court
Fire
Information/Clerks
Legal
Zoning
Representatives from the following were also invited to participate:
Guelph Police Services
Wellington-Dufferin-Guelph Public health
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Process-Staff team review
The working team met several times and reviewed the following:
Categories
Definitions
Application process
Hearing process
Main bylaw conditions
Conditions to specific categories
Inspection process for:
 applications, renewals and enforcement
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Process-Open House Communications
1,742 Invitations sent to licensees on April 24
City Webpage posted with information on April 24
Ad appeared in Guelph Tribune on April 27 and May 1
Information forwarded to:
Guelph Chamber of Commerce
Downtown Guelph Business Association
Guelph Wellington Business Enterprise Centre
Contact information included in all communication: email & phone number
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Categories proposed to be licensed
•Adult Entertainment Establishment
• Adult Entertainment Retail (included in Adult Entertainment
Establishment)
• Amusement Establishment
• Bed and Breakfast
• Catering Company
• Flea Market – indoor only (included in Public Hall)
• Food Shop (included in Food Premise)
• Food Premise (to include Food Shop and Restaurant)
• Food Vehicle
> Chip Wagons
> Mobile Preparation Vehicle
> Refreshment Vehicle
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Categories proposed to be licensed (Cont’d)
• Hair Salon (included in Personal Service)
• Holistic Services (including operators and practitioners)
• Hotel Establishments
• Pawnbroker
• Personal Service Establishment (includes Hair Salon)
• Private Parking Agent
• Public Hall (includes Flea Market – indoor only and Theatre, 100+
• Restaurant (included in Food Premise)
• Street Vendor – City tendered
• Theatre (included in Public Hall)
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Categories proposed to no longer be licensed
• Auctioneer
• Billiards Establishment
• Bowling Alley
• Door-to-Door Sales Business
• Driving Instructor/Driving School
• Flea Market – outdoor only
• Food Vehicle
> Mobile Barbeque Facility
> Refrigerated Bicycle Carts
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Categories proposed to no longer be licensed (cont’d)
• Laundromat/Dry Cleaner
• Pet Shop
• Physical Fitness Centre
• Plumbing Contractor/Backflow Device Tester/Drain Contractor
• Retail Business
• Temporary Sale
• Tobacco
• Vehicle Service Establishment
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Why are these categories proposed to be deleted?
A. A municipality’s ability to provide consumer protection through
licensing is limited
e.g. Retail
The Trades (e.g. plumbing contractors & drain contractors)
Vehicle Service Establishment
B. Some are now superseded by provincial or federal legislation
e.g. Tobacco sales
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Proposed New Application Process
The proposed NEW application process for a business licence will be a twostep process:
Step 1 – the Inspection Process
1. complete an application for inspection(s)
2. inspections to be complete before application for business licence
3. provide a floor plan (for all location licences)
4. inspections to be completed within 90 days
5. three inspections are included.
6. new application fee required if more than 3 inspections occur
7. 30 day extension is available if works begun
8. fee required
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Proposed new application process( cont’d)
Step 2 – the Application Process
1. Application - once your inspections have passed.
(To be received by the Clerk’s Office within 90 days of
completing your inspection; or a both fees are required)
2. Submit all your paperwork
3. Fee payment
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Proposed new application process( cont’d)
The Renewal process:
1.
2.
3.
4.
Inspections to be completed by expiry date
2 inspections are included, new inspections/fees required if 3+
current insurance & membership in association required
new inspection application and business licence application is required
If renewal not received by expiry date
5. 30 day extension is available if works begun
6. A payment fee for licence renewal is required
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Why Propose a new application process?
-Businesses were applying for a licence and not completing
inspections
-Deficiencies were not being rectified
-Businesses were operating before receiving licence
-New system assists with businesses receiving and passing
all required inspections before operating and receiving a
business licence
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Highlights of proposed by-law changes- general
*Changes to be reported to the Clerk’s office within 15 days
* Main entrance unlocked during hours of operation (except dwellings)
*No Exemption for Charities and non profit organizations
*New ground for refusal to issue/renew/revoke/suspend/cancel a licence if there is
a prohibition order or other federal or provincial order ceasing that activity
*Refund of fee on refusal to issue or renew a licence which is not appealed to be
the enforcement portion of the fee
*New licence required if application for renewal of licence has not been made by
the day following the date of the licence expiry, therefore,
• no March 31 renewal date
• no interest calculation
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Highlights of proposed by-law changes – application
process
*All businesses to carry minimum $2 million insurance
*Proof of interest in lands or premises to be provided
*Floor plans to scale to be provided (for location businesses)
*Hours of operation to be included in application and posted on
exterior of business (except dwellings)
*Corporations & partnership information to be provided
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Highlights of proposed by-law changes– appeal process
*Composition of hearings committee to include some or all citizens
*Hearings committee decision to be final and binding
*Processing fee in amount of $50 to be required as part of appeal
*Time limits to be clarified
*Secretary of the hearings committee may refuse appeals which are late
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Highlights of proposed changes to specific categories
Amusement
-Defined as Indoor facilities only
-Arcades, internet gaming & internet cafes not included
Holistic
-Psychological therapies not included
-Façade to be unobstructed from exterior
-Professional liability insurance & membership in good standing to
professional association to be provided upon renewal for practitioners
Public Hall
-Applies to indoor premises with capacity of 100+
-If operating as a flea market, conditions of current category apply
-Sidewalk & highway to be unobstructed & attendant to be present
-No exit or corridor to be blocked or obstructed
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Highlights of proposed changes to specific categories
Personal Service
-Services and fees to be posted
-Only area designated to be used for services
-Where a personal service & holistic service are one business , both licences
are required and the license fee shall be the greater of the two
-Linens to be laundered after each use
-Contact surface to be clean
-First aid kit to be provided
-Toilet and washroom to be provided
-Hand washing basin with hot water and drying materials to be provided
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Proposed New Fee Structure
New Application
I: Inspection process = inspection costs + vehicle costs
II: Application process = administration+ enforcement + vehicle costs
= fee required to obtain a business licence
Administration = processing costs
Enforcement+ vehicle = visits throughout the year
Renewal
Renewal =inspection+ administration+ enforcement +vehicle costs
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How is the fee calculated?
Staff Time
The compensation rate per hour multiplied by the average time for
inspection
Vehicle
Hourly rate
Inspection authorities are Building, By-law Fire, Health, and Zoning
Application fee includes hourly Clerks Office staff compensation to
process the applications, and ongoing enforcement fee over the year
based on one or 2 visits
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Options for proposed new fee structure
A (i) Cost recovery (based on staffing + vehicle costs) including annual indexing
(ii) Cost recovery, no annual indexing
B (i) Cost recovery not including enforcement with annual indexing
(ii) Cost recovery not including enforcement, no annual indexing
C (i) 2 year phase in for A. (i) Cost recovery/annual indexing (ii) Cost recovery, no
annual indexing
(ii) 2 year phase in for A (ii) Cost recovery/no annual indexing
(iii) 2 year phase in for B (i) Cost recovery/no enforcement & annual indexing
(iv) 2 to 4 year phase in for B (ii) Cost recovery no enforcement/ no indexing
Indexing = year over year increase based on the consumer price
index before your renewal notice has been issued.
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The City of Guelph would like your input
Please provide your thoughts on the comment sheet or email your
comments by May 14, 2009 to [email protected] or
[email protected]
Next steps
June 9, 2009 - Recommendations to be brought forward to
Finance Administration Community Services Committee
June 22, 2009 - tentatively planned to go to Council for approval.
September , 2009- By-law to be effective, once passed, ad will be
placed in paper
Physical conditions to be met by January 2, 2010
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