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
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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
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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
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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
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ayor
15 day of September
, 1983
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READ a THIRD time and FINALLY PASSED
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ayor
this 6
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day of October ~:,:1983.
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