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HomeMy WebLinkAboutKIN 85 4676 Transient Traders . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW 4676 BEING A BY-LAW FOR LICENSING, REGULATING AND GOVERNING TRANSIENT TRADERS. WHEREAS Paragraph 16 of Section 232 of the Municipal Act, R.S.O. 1980, Chapter 302 provides that by-laws may be passed by the councils of municipalities for licensing, regulating and governing transient traders and other persons whose names have not been entered on the assessment role in respect of business assessment for the then current year, and who offer goods, wares or merchandise for sale by auction, conducted by themselves or by a licensed auctioneer or otherwise, or who offer them for sale in any other manner: AND WHEREAS Paragraph 27 of Section 232 of the Municipal Act, R.S.O. 1980, Chapter 302 provides for requiring transient traders and other persons whose names are not entered on the assessment roll or are entered on it for the first time, in respect of business assessment, and who so offer goods, wares or merchandise for sale, to pay a license fee before commencing to trade: NOW THEREFORE the Council of the Corporation of the Town of Kincardine ENACTS as follows: 1. 2. A "transient trader" includes any person who has not resided continuously in the least three months next preceding the such business there: commencing business municipality for at time of commencing Anyone commencing a transient trader out herein, before business within the Town of Kincardine as is required to pay a license fee, as set commencing to trade: 3. This by-law does not apply to the sale of the stock of a bankrupt or an insolvent, within the meaning of any bankruptcy or insolvency Act in force in Ontario, nor to the sale of any stock damaged by or by reason of fire, which is being sold or disposed of within the municipality in which the business was being carried on at the time of the bankruptcy, insolvency or fire, so long as no goods, wares or merchandise are added to such stock: 4. This by-law does not apply to the sale of a business to a bona fide purchaser who continues the business: 5. 6. 7. . Subject to Paragraph 6, the the case of a transient dollars ($300.00) per year: fee to be paid for a license in trader shall be three hundred The fee to be paid for the license Ontario who offers for sale only shall not exceed $5.00 per year: by a farmer, resident in the produce of his farm The sum paid for a license shall be credited to the person paying it, or to any bona fide purchaser of the business who carries on the business, on account of taxes payable in respect of the business, and in respect to real property taxes on the land used for the purposes of or in connection with the business if the land is owned by the person carrying on the business, during the year in which the license was issued and five years thereafter: . . . . . . . 2 . . -2- BY-LAW 4676 8. Every transient trader who carries on business without a license is guilty of an offence and on conviction is liable to a fine equal to the license fee that he should have paid and in addition thereto the sum of not less than ten dollars ($10.00) and not more than two hundred dollars ($200.00): 9. Every transient trader shall cause his license to be prominently and permanently displayed in his place of business during the full term in which he is carrying on business as a transient trader and in default thereof is guilty of an offence and on conviction is liable to a fine of not less than one dollar ($1.00) and not more than ten dollars ($10.00): 10. Every applicant for a part of his application in writing containing a or merchandise that he under such license: transient trader's license shall as for such license furnish a statement full description of the goods, wares proposes to sell or offer for sale 11. This by-law shall come into full force and effect on July 1, 1986. READ a FIRST and SECOND time this 4th day of July, 1985. ~~~ ~~ Mayor READ a THIRD time and FINALLY PASSED this 22nd day of May, 1986ý-~ ~,-::" -. ,/ , ~/~ Mayor - :::- ,