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HomeMy WebLinkAboutKIN 83 4554 Licens-Public Halls CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4554 A BY-LAW TO PROVIDE FOR THE LICENSING OF PUBLIC HALLS - WHEREAS Section 2 of The Public Halls Act, R.S.O. 1980, Chapter 409, provides that no public hall shall be offered for use or used as a place of public assembly unless the owner thereof holds a licence therefor from the municipality in which it is located; AND WHEREAS Section 232 Paragraph 6 of The Municipal Act, R.S.O. 1980, Chapter 302 provides that the Council of a Municipality may regulate and licence public halls and revoke any licence granted; AND WHEREAS the physical requirements of public halls are now set out in the Ontario Fire Code, Ontario Regulation 730/81, as amended by Ontario Regulation 251/83 and the Ontario Building Code, R.R.O. 1980, Regulation 87, as amended. NOW THEREFORE the Council of the Corporation of the Town of Kincardine enacts as follows: 1. In this By-law, (a) "Owner" means the person who has in respect of premises an estate for life or a greater estate, legal or equitable, or a leasehold estate; (b) "public hall" means a building, including a portable building or tent, with a seating capacity for over sixty 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, a building, except a tent, used solely for religious purposes, or a school, or part thereof used solely for educational purposes. 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 licence issued by the Treasurer of the Town for which the fees payable shall be as follows: Grade 1 Grade 2 Grade 3 - For a hall having a licensed capacity of 1,000 persons or over............................... $45.00 - For a hall having a licensed capacity of between 1,000 and 601 persons................. 35.00 - For a hall having a licensed capacity of between 600 and 60 persons.................... 25.00 - provided that a Limited Public Hall Licence permitting not more than ten meetings or entertainments in any calendar year may be issued for any hall usually used for other purposes upon payment of one-half the licence fees. (2) For the transfer of a public hall licence due to a change in the ownership of the public hall a fee of $10.00 shall be paid by the transferee to the Treasurer of the Town. 3. Every religious organization using a hall for entertainment given or held by it shall comply with the licensing requirements of this by-law, except that no licence fee is payable, and every such hall shall also comply in all respects with . . . .. .2 - 2 - By-Law No. 4554 4. (a) The Ontario Fire Code if it is in an existing building, or; (b) The Ontario Fire Code and the Ontario Building Code if it is a newly-constructed building. Every application for a public hall licence shall be accompanied by . (a) a statement on the form provided by the Treasurer giving such particulars as to the location, size and construction of the hall, together with a plan of the proposed seating arrangement, as may be required; (b) a certificate signed by the Chief Fire Official certifying that he has inspected the building in respect of which the application is made and has found that it is in accordance with the aforementioned Building and/or Fire Codes with respect to fire safety precautions; (c) a certificate signed by the Chief of Police certifying that the operation of a hall in the location appliea for is approved by him and that he is satisfied with the proposed use of the building or part thereof as a public hall and with the proposed methods of operation; and (d) a certificate dated within three months of the application signed by the local inspector of Ontario Hydro certifying that the electric wiring has been inspected and found satisfactory. 5. The issue of every public hall licence shall be subject to the following conditions: (a) the Chief Fire Official or other person designated by the Town may enter the public hall at all reasonable times to inspect such hall and to enforce the provisions of the Ontario Fire Code and, if applicable, the Ontario Building Code; and (b) the Chief Fire Official or other person designated by the Town may, at any time, order the evacuation of a public hall when the occupants of a public hall are, in his opinion, endangered by a hazardous condition, and he may enter the hall at any time in order to ascertain such condition. 6. The Town may revoke the licence granted for any public hall (a) whose owner does not comply with the conditions in Section 5; (b) if the public hall is in contravention of the Ontario Fire Code or the Ontario Building Code, if applicable; (c) in the case of the holder of a Limited Public Hall Licence, where the number of meetings or entertainments held exceeds the limits set out in Subsection 2(1). 7. Any person who contravenes the provisions of Section 2 of this By-law is guilty of an offence and on conviction is liable to a fine of $500.00 for each offence. 8. By-law No. l396A, being a By-law to regulate and licence public halls, be and the same is hereby repealed. 9. This By-law shall come into force and take effect on the date of its final passing. . READ a FIRST and SECOND time this ~~/~- ayor 15 day of September , 1983 -~r~~~ READ a THIRD time and FINALLY PASSED ~~---/ . ayor this 6 /' -- day of October ~:,:1983. ~ ?!1A~;:-: ..--/ e r ,