HomeMy WebLinkAboutKIN 86 4676 Licensing Regulating and Governing Transient TradersWHEREAS 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. A "transient trader" includes any person commencing business
who has not resided continuously in the municipality for at
least three months next preceding the time of commencing
such business there;
2. Anyone commencing business within the Town of Kincardine as
a transient trader is required to pay a license fee, as set
out herein, before 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;
THE CORPORATION OF THE TOWN OF KINCARDINE
BY -LAW 4676
BEING A BY -LAW FOR LICENSING, REGULATING AND GOVERNING
TRANSIENT TRADERS.
5. Subject to Paragraph 6, the fee to be paid for a license in
the case of a transient trader shall be three hundred
dollars ($300.00) per year;
6. The fee to be paid for the license by a farmer, resident in
Ontario who offers for sale only the produce of his farm
shall not exceed $5.00 per year;
7. 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;
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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 transient trader's license shall as
part of his application for such license furnish a statement
in writing containing a full description of the goods, wares
or merchandise that he proposes to sell or offer for sale
under such license;
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.
25e
Mayor
Deputy- Clerk
READ a THIRD time and FINALLY PASSED this 22nd day of May, 1986.
•7
Mayor Deputy -Clerk
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