HomeMy WebLinkAbout12 086 Retail Business Holidays (2012) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
thICTIEl
B LAW
NO. 2012 - 086
A BY -LAW TO PERMIT RETAIL ESTABLISHMENTS TO BE OPEN ON
SPECIFIC HOLIDAYS
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
• shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS under Section 4(1) of the Retail Business Holidays Act
(hereinafter called the "Act ") as amended, a municipality may permit retail
business establishments to be open on holidays for the maintenance or
development of tourism;
AND WHEREAS an application has been made by one or more persons carrying
on retail business in the municipality that Council consider amending By -law No.
1996 -35 (Town of Kincardine), "Being a By -law to Permit Retail Establishments
to be Open on Specific Holidays";
• AND WHEREAS the Municipality held a public meeting on July 4, 2012, notice of
which was published in the local newspaper having general circulation in the
municipality, at which persons in attendance were given the opportunity to make
representation in respect of the said by -law;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
is satisfied that the tourism criteria as set out in the regulations of the Act have
been met;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. In this By -law:
(a) "Holiday" means,
New Year's Day;
ii. Family Day;
iii. Good Friday;
iv. Easter Sunday;
•
v. Victoria Day;
vi. Canada Day;
vii. Labour Day;
viii. Thanksgiving Day;
Page 2
Retail Business Holidays (2012) By -law
By -law No. 2012
• ix. Any other public holiday declared in the future by
proclamation of the Lieutenant Governor to be a holiday for
the purposes of the Act.
(b) "Retail Business" means the selling or offering for sale of goods or
services by retail;
(c) "Retail Business Establishment" means the premises where a retail
business is carried on.
2. That despite Section 2 and pursuant to Section 4(1) of the Retail Business
Holidays Act, all retail business establishments in the Municipality of
Kincardine located within the area defined in Schedule 'A' attached hereto
and forming part of this by -law may be open on a holiday.
3. That any person who contravenes this by -law is guilty of an offence and
on conviction is liable to a fine of not more than the greater of $50,000; or
the gross sales in the retail business establishment on the holiday on
• which the contravention occurred.
4. That By -law No. 1996 -35 (Town of Kincardine) is repealed.
5. That this by -law come into force and effect on the thirty-first day from the
passing thereof unless appealed to the Ontario Municipal Board pursuant
to Section 4.3 of the Act.
6. That this by -law be cited as the "Retail Business Holidays (2012) By -law ".
REA
FIRS d S ND TIME this 1 1` h day of July, 2012.
U M yo Clerk
READ a THIRD TIME and FINALLY PASSED this 11 day of July, 2012.
P
• 0 1: y or Cler
;.
r
•
IJkt, 'HV - , � __
.w
Schedule 'A'
y w Retail Business Holiday =, -law ' '
a 1, By -law No. 2012 -086
II
I(INCA as . _
IMINIMIND
IOW
lal U
4
`_ - -
4M-1 "111 F If IS SIII= =■ muqua 1
".i R :��i 111111 NMI ra i 'MINN1 s �r1t j7 �
r �...,.■�! IT 1i1 x.1.1' =11 11 "' { 1I
lia I �. II11,MIL M ;:11.11 1h1 la �� /� 3■I „I I'll " I' � / ZIIIIIIIIW t 311 MIS HIM" MIMI IIIIIIIIR 111111111111 In IMF IMMIl�pl ►' ;��'!
.1. g _ 111n g1111li nw11 4 ?fl h1I? 1- I , • 1111 \ 'I p1.. X 111111:.. m' � `a , B1.ni :nit' / MI ■ AY
;i� . 711111 ��...L. rlllUJ Mli L it 1 ,n1
'
tt I_ LIT; loll■ mo IG 1
,' i
J
� ' • 71111
I�h '��,* 1;���P1 11111�� J= 1111111 a■ / \
11.1 . 0 = � 1 = \ 11111111111111111,
1111111 .., s I =,111 -� � � i .. ,� I II
n■1 : AI ■ 1 ■ _ p npnl�j..
um. mg �■ 1111 ■■; .i _I = Il =muumuu. i ..� = :nman
lRRh tali r - 1 ME =� •l p _ I I11111m11i1111111■
MINI ft VP"' �IIIIM
PAW , r
C
�. o; um ..■. _2 . /III � -
• �Itu 11 111111111111111
r r 11111 B, , sl u it _ ir_III inn
t 1'51I Iu7 1 u . nntm 7! t . 1 ""4 9. =��tl.�.. ►� AI
=!r' i ..: Q � � `, ,
— —Ns =gm =
r...
1
= ! :uiu -11: Ell 1AJ o1■11111
aril ariM ��, � i .` im C= ..... E ono
� �� ...... � a. *■ 1 au! I lt ��
SW 1� � � m• =i .m= ...... 1►� V t Chilli pm
: � i • . s ll lllllllllnlll
K . 47 ! I� 11 I i I I . . . ,:11111 ' I ' =1111
INA' tan ' - I In III % lei 44
! ii ' am I111111nmh A li
1 111 � n II � E C .. 111 t T111►� 6 �
1 f i � a i � . p . 111F81/4 ,t
-- .. . ._
E. f� _
� h D Asir_ 111.1- -- l .. MI _�I ioltIC o _
I/ iL___I 1.
sa
III –, ill •140:
I I i V t.lo
/ 4 1 00.4 1 Pit r
I N AI
bp& iiiinimmmin Filllt _ ..
are 171n1" -1
mud