HomeMy WebLinkAboutKIN 92 038 Hawkers & Pedlars
THE CORPORATION OF THE TOWN OF KINCARDINE
.
BY-LAW
BY-LAW NO. 1992-38
A BY-LAW TO FOR THE LICENSING OF HAWKERS AND PEDLARS
IN THE TOWN OF KINCARDINE.
WHEREAS Subsection 1 of Section 234 of the Municipal Act,
R.S.O. 1990, Chapter c.M.45, permits the councils of towns to
pass by-laws for licensing, regulating and governing persons
who go from place to place with goods, wares and merchandise
for sale, or carry and expose samples, patterns or specimens of
any goods, wares or merchandise that are to be delivered in the
municipality afterwards.
AND WHEREAS the Council for The Corporation of the Town of
Kincardine wishes to license, regulate and govern such persons
in the Town of Kincardine.
NOW THEREFORE the Council for The corporation of the Town of
Kincardine ENACTS as follows:
1. No person shall go from place to place with goods, wares
or merchandise for sale, or carry and expose samples,
patterns or specimens of any goods, wares or merchandise
that are to be delivered in the Town of Kincardine
afterwards without first having obtained a license from
the clerk of the Town of Kincardine.
2. The fee for such license shall be as established in the
Town of Kincardine's consolidated Fee By-law.
3. No such license is required for hawking, peddling or
selling goods, wares or merchandise:
(i) to wholesale or retail dealers in similar goods,
wares or merchandise;
(ii) if the goods, wares or merchandise are grown,
produced or manufactured in Ontario and are hawked,
peddled or sold by the grower, producer or manufacturer
or an agent or employee of them having written authority
so to do, in the municipality in which the grower,
producer or manufacturer resides;
.
(iii) if the goods wares or merchandise are grown or
produced by a farmer resident in Ontario who offers for
sale or sells only the produce of the farmer's own farm;
(iv) if the goods, wares or merchandise are hawked,
peddled or sold by a person who pays business tax in the
municipality, or by that person's agent or employee;
.. ./2
.
.
Hawkers and Pedlars By-law
By-law No. 1992-38
Page 2
(v) if the goods, wares or merchandise are hawked peddled
or sold by an agent of the grower, producer or
manufacturer, acting on behalf of a dealer who ~ays
business tax in the municipality in respect of premlses
used for the sale of such goods, wares or merchandise;
or
(vi) by persons who sell milk or cream or fluid milk
products to the consumer or any person for resale.
4. Such agent or employee shall exhibit his or her authority
when required so to do by any municipal or peace officer.
5. The licensee shall at all times, while carrying on his or
her business, have the license with him or her and shall,
upon demand, exhibit it to any municipal or peace
officer, and, if the licensee fails to do so, is guilty
of an offence, unless the same is accounted for
satisfactorily.
6.
Every p~rson who contravenes any provisions of
by-law lS guilty of an offence and is subject to
penalties as prescribed in the Provincial Offences
R.S.O. 1990, c.P.33.
this
the
Act,
7.
This
its
upon
by-law shall come into full force and effect
final passage.
8. This by-law may be cited as the "Hawkers and Pedlars
By-law" .
READ a FIRST and SECOND time this 28th day of May, 1992.
READ a THIRD time and FINALLY PASSED this 4th day of June, 1992.
{~~~
yo
~ui¿.