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Home My WebLink AboutKIN 89 120 Amended By No.94 15 . . -'" . '- THE CORPORATION OF THE TOWN OF KINCARDINE AMENDED BY ÐY-LAW ,Qq4-1"; BY-LAW BY-LAW NO. 1989 - 120 PUBLIC BALL LICENSING BY-LAW WHEREAS Section 2 of the Public Halls Act, R.S.O. 1980, Chapter 408, as amended, provides that no public hall shall be offered for use or used as a place of public assembly unless the owner holds a license therefore from the city, town, village or township in which it is located; and WHEREAS the physical requirements of public halls are set out in the ontario Fire Code, Ontario Regulation 67/87, as amended, and The Ontario Building Code Act, R.S.O. 1980, C. 51, Regulation 419/86, as amended; and WHEREAS the Council deems it expedient Kincardine; of The Corporation of the Town of Kincardine to regulate public halls in the Town of NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1.0 DEFINITIONS 1.1 "Owner" means a person who has in respect of premises an estate for life or a greater estate, legal or equitable, or a leasehold estate; 1.2 "Public Hall" means a building, including a portable building or tent with a seating capacity for over 100 persons that is offered for use or used as a place of public assembly, but does not include a theatre within the meaning of the Theatres Act or a building, except a tent, used solely for religious purposes. 1.3 -Town" means The corporation of the Town of Kincardine. 2.0 ~ 2.1 No Owner shall operate a public hall or allow any building or part thereof to be used as a public hall within the Town of Kincardine unless he holds a public hall license issued by the treasurer of the Town for which the fees payable are set out in the Town's Consolidated Fee By-law. .. ./2 -' Page 2 Public Hall Licensing By-law No. 1989 - 120 2.2 No license or fee shall be required for a public hall with a licensed capacity of less than 60 persons. 2.3 The fire chief of the Town of Kincardine shall determine the licensed capacity of a public hall. . 2.4 If the ownership of a public hall changes during the year, the new Owner shall obtain a transfer of license from the treasurer of the Town upon payment of the fee as set out in the Town's Consolidated Fee By-law. 2.5 The Owner of a public hall shall obtain a license in advance of each calendar year or before a new public hall opens, whichever applies. 2.6 Every religious organization using entertainment given or held by it shall licensing requirements of this By-law, license fee is payable. a hall for comply with the except that no 3.0 REQUIREMENTS 3.1 Every Owner of a public hall, including religious organizations, shall ensure, as a condition for issuing a public hall license, that the Owner I S public hall complies in all respects with: 3.2 3.3 3.4 3.5 3.6 . a) The Ontario Fire Code if the public hall is an existing building, or b) the Ontario Fire Code and the Ontario Building Code if the public hall is a newly-constructed building. The application form for a public hall license shall be in the form as attached as Schedule "An. Each owner shall submit with their public hall license application a proposed seating plan for the public hall together with any other information requested by the fire chief, the chief of police or the local inspector of Ontario Hydro. As a condition of obtaining a public hall license, the Owner shall arrange for the fire chief or designated official to inspect the public hall in order that the fire chief or designated official may confirm that the public hall is in accordance with the aforementioned Ontario Fire Code and/or Ontario Building Code with respect to fire safety requirements. As a condition of obtaining a public hall license, the Owner shall arrange for the chief of police or designated official to inspect the public hall in order that the Council may confirm that the public hall meets all reasonable requirements the Council may establish. As a condition of obtaining a public hall license, the Owner shall arrange for the local inspector of Ontario Hydro to inspect the public hall in order that the local inspector may confirm that the electrical wiring in the public hall is satisfactory. .. ./3 .' . Page 3 Public Hall Licensing By-law No. 1989 - 120 3.7 The Owner shall arrange for all of the aforementioned inspections to take place within three months of the application for the public hall license. . 3.8 The Council may consider recommendations from the fire chief, the chief of police or the local inspector of Ontario Hydro to establish whatever reasonable requirements or restrictions they consider warranted as a condition to issuing the pUblic hall license. 3.9 The Owner shall submit with every application for a public hall license written proof of liability insurance in an amount of not less than $1,000,000. 3.10 The Owner shall at all times take all necessary steps to maintain law and order. 4.0 INSPECTION AND ENFORCEMENT 4.1 After a public hall license has been issued, the fire chief, the chief of police or their designated officials may enter the public hall at all reasonable times to inspect such hall and to enforce the provisions of the Ontario Fire Code, the Ontario Building Code (if applicable) and any reasonable requirements imposed by the fire chief or the chief of police. 4.2 The fire chief or chief of police or their designated officials may, at any time, order the evacuation of a public hall when the occupants of a public hall are, in their opinion, endangered by a hazardous condition, and may enter the hall at any time in order to ascertain such condition. 4.3 The Town may revoke the license granted for any public hall: a) whose owner does not comply with the conditions in either sections 3.10, 4.1 or 4.2; or b) if the public hall is in contravention of the Ontario Fire Code or, if applicable, the Ontario Building Code; or c) where the number of people in the public hall exceeds the limits outlined in their license. 4.4 Any person who contravenes any of the provisions of this by-law is guilty of an offence and shall, on conviction thereof, forfeit and pay a penalty of not more than $2,000.00 for each offence, exclusive of costs, and every such fine is recoverable under the provincial Offences Act. 5.0 MISCELLANEOUS 5.1 By-law No. 4554, being a by-law to provide for the licensing of public halls passed on the 6th day of October, 1983, be and the same is hereby repealed. . 5.2 This by-law shall come into full force and effect on January I, 1990. .. ./4 , . ' ~.! .~ Page 4 Public Hall Licensing By-law No. 1989 - 120 5.3 The short title of this by-law shall be the "Public Hall Licensing By-law". . READ a FIRST and SECOND time this 7th day of December, 1989. . and FINALLY PASSED this 21st day of December, ÁL iL {)f~ Mayor .... '"' ~ . ....:: ,-~.- Deputy-Cle~ ~-," ':. '~~ ~ - -.'", ~. -.~.¿,--- -:--;. : '- - , --:;:-. - ... -~ ~/~:~-._--~....~.:</~,/ -' ~ '-,...... ,~ ..... - ,~" ~-!' -~ . BY-LAW NO. 1989-120 SCHEDULE "A" APPLICATION FOR A PUBLIC HALL LICENSE WITHIN THE CORPORATION OF THE TOWN OF KINCARDINE I ( 0 r we) 4IIÞ of the Town of Kincardine hereby apply for a PUBLIC HALL LICENCE for Address: Capacity: persons. Written proof of liability insurance of at least $1,000,000 is attached Date: Signed: Position: I hereby certify that I or an authorized officer of this department have inspected the public hall within the last three months and confirm that it conforms with applicable sections of the Ontario Fire Code and the Ontario Building Code and that the reported capacity above is accurate. Date: Signed: Fire Chief ***************************************************************** I hereby certify that I or an authorized officer of this department have inspected the public hall within the last three months and confirm that it conforms with all reasonable requirements of this department. Date: Signed: Chief of Police ****************************************************************** I hereby certify that I have inspected the public hall within the last three months and I confirm that the electrical wiring in the public hall is satisfactory. Date: Signed: Hydro Inspector ***************************************************************** Proof of Insurance Attached? Fee: 4IIÞ Date Paid: License No.: Date of Issue: