Hamilton : Règlement no 07-170, art. 21.1 — Effective Date

Hess Village Entertainment District; and repeal of By- Law 06-234 09-152 July 9, 2009 Replacement of Schedule 20 (Residential Care Facilities) 09-156 July 9, 2009 Housekeeping and technical amendments General Provisions Schedule 3 Schedule 10 Schedule 12 Schedule 18 Schedule 19 Schedule 29 09-170 August 13, 2009 Re-enactment of Schedule 20 (Residential Care Facilities) 09-237 November 11, 2009 Amendment to Schedule 25, paragraph 64 10-077 April 14, 2010 Housekeeping and technical amendments General Provisions Schedule 1 Schedule 4 Schedule 25 10-078 April 14, 2010 Replacement of Schedule 20 (Residential Care Facilities) 10-106 May 12, 2010 Amending to Schedule 29, provide for licensing of Sprinkler and Fire Protection Installers 10-126 May 26, 2010 Replacement of Appendix 3 of Schedule 25 10-198 August 12, 2010 Replacement of Schedule 26 (Mobile Sign Leasing or Renting) 10-314 December 15, 2010 Replacement of Schedule 21 (Food Premises) and deletion of Schedule 21.1 11-017 January 12, 2011 Addition of Schedule 15 (Personal Wellness Services Establishments) Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx By-Law No:
• Effective Date:
• 11-111 April 13, 2011 Housekeeping and technical amendments General Provisions Schedule 1 Schedule 4 Schedule 12 Schedule 14 Schedule 16 Schedule 22 Schedule 23 Schedule 25 Schedule 26 By-law 10-221 11-125 May 11, 2011 Housekeeping and technical amendments to Schedule 25 with respect to the Priority List 11-142 May 25, 2011 Replacement of Schedule 1 (Adult Entertainment Establishments) 11-230 September 28, 2011 Housekeeping and technical amendments General Provisions Schedule 25 By-law 10-142 By-law 10-118 By-law 10-197 By-law 10-260 12-021 January 25, 2012 Replacement of Schedule 22 (Salvage and Second-Hand Goods, Pawnbroker, and Jewellery and Precious Metals Businesses), Deletion of Schedules 6, 11, and 14 12-069 March 28, 2012 Replacement of Schedule 3 (Bed and Breakfasts, Hotels and Motels) 12-101 April 25, 2012 Amendments to the General Provisions to have the Licensing Tribunal make the final decision to refuse, suspend, revoke or attach conditions to a licence instead of Council. 12-118 May 25, 2012 Addition of New Schedule 28 (Tow Trucks) 12-150 June 27, 2012 Deletion of Schedule 19 (Refreshment Vehicles) and addition of Schedule 6 (Food Service Vehicles) 12-219 October 10, 2012 Amendments to Schedule 20 (Residential Care Facilities) Revised:
• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx By-Law No:
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• 12-249 November 14, 2012 Amendments to Schedule 25 (Taxicabs) to have accessible taxicab owner licenses issued in 2013 and 2014 12-250 November 14, 2012 Amends Schedule 22 (Salvage and Second-Hand Goods, Pawnbroker, and Jewellery and Precious Metals Businesses), Section 5 13-060 February 27, 2013 Amends Schedule 25 (Taxicabs), Sections 55 – 59 13-081 March 27, 2013 Amends Schedule 28 (Tow Trucks) 13-302 December 11, 2013 Amends Schedule 25 (Taxicabs), Appendix 1, Tariff/Fares 14-119 May 14, 2014 Amends Schedule 6 (Food Service Vehicles) 14-181 July 11, 2014 Amends Schedule 25 (Taxicabs) 15-130 May 13, 2015 Amends Schedule 21 (Food Premises) 15-232 October 14, 2015 Amends Schedule 3 (Bed and Breakfasts, Hotels and Motels) 16-053 February 24, 2016 Addition of Schedule 11 (Payday Loan Businesses) 16-105 April 13, 2016 Amends General Provisions by deleting the following Licensing Categories:
• Building Exterior Cleaners (Schedule 5) Mobile Home s and Mobile Home Parks (Schedule 10) Sign Posters and Bill Distributors, Etc. (Schedule 24) 17-011 January 25, 2017 Amends General Provisions 17-012 January 25, 2017 Amends Schedule 25 – Taxicabs 17-013 January 25, 2017 Provides for the addition of Schedule 24 to Licence Personal Transportation Providers 17.054 March 29, 2017 Delete and replace Schedule 22 – Auctioneers 17-055 March 29, 2017 Delete Schedule 18 – Recreational Camping Establishments 17-056 March 29, 2017 Delete and replace Schedule 27 – Tobacco Retailers 17-069 April 26, 2017 Delete and replace Schedule 7 – Kennels and Pet Shops 17-116 June 14, 2017 Delete and replace Schedule 6 – Food Service Vehicles Revised:
• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx By-Law No:
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• 17-128 June 28, 2017 Delete and replace Schedule 22 Second-Hand Goods, Jewellery and Precious Metals (remove Salvage Businesses and Pawnbrokers) 17-129 June 28, 2017 Add Schedule 5 – Pawnbrokers 17-130 June 28, 2017 Add Schedule 10 – Salvage Businesses 17-216 October 25, 2017 Amends Schedule 21 - Food Premises (Hess Village) 17-251 November 22, 2017 Amends Schedule 8 -Limousines 17-259 December 8, 2017 Amends Schedule 25 - Taxicabs 18-040 February 28, 2018 Amends Schedule 25 - Taxicabs (Accessible Taxi Plates) 18-041 February 28, 2018 Amends Schedule 25 – Taxicabs (Replace Appendix 1 (Taxicab Tariff/Fares Meter and By Agreement Rates) 18-042 February 28, 2018 Delete and Replace Schedule 11 (Payday Loan Businesses) 18-111 May 9, 2018 Delete and Replace Schedule 21 (Hess Village Paid Duty Policing) 18-212 August 17, 2018 Amend Schedule 1 (Adult Entertainment Establishments) 18-252 September 12, 2018 Amend Schedule 24 (Personal Transportation Providers) and Schedule 25 (Taxi Cabs) 18-320 December 19, 2018 Delete and Replace Schedule 21 (to include Drive-Thru Facilities) 19-175 July 12, 2019 Add Schedule 14 – Tree Cutting Services 19-258 October 23, 2019 Add 90 Centennial Parkway North as
• (ee) to Schedule 11 20-033 February 26, 2020 Delete Map 2 from Schedule 1 and Schedule 4 20-128 June 24, 2020 Amend Schedule 24 - Personal Transportation Providers Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx By-Law No: Effective Date: 20-180 August 21, 2020 Repeal and Replace definition of “Director of Licensing” Include definition of Hearing Officer Add Section 12a – License on Terms and Conditions Add Section 18a – Temporary Suspensions without a Hearing 21-166 September 29, 2021 Add Schedule 31 – Rental Housing Units 21-217 November 24, 2021 Add definition of “inspection log” to Section 20 Add subsection
• (vii) to Schedule 20, subsection 12(f) Add subsection
• (j) to Schedule 20, subsection 12 22-102 April 27, 2022 Amend Appendix 1 of Schedule 25 22-248 September 28, 2022 Amend Appendix 1 of Schedule 25 by adding “Request for a Van (non-accessible0 fare (per trip) 23-005 January 25, 2023 Add Schedule 32 – Short-Term Rentals Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx CITY OF HAMILTON 07-170 A By-law to License and Regulate Various Businesses WHEREAS Council considers it in the public interest to enact a by-law to license regulate and govern various classes of businesses, and to repeal the existing City of Hamilton Licensing Code being City of Hamilton By-law No. 06-213, as amended; AND WHEREAS Part IV of the Municipal Act, 2001 allows the enactment of by-laws to license, regulate and govern businesses, and to impose conditions on the obtaining, holding and keeping of licences to carry on such businesses; AND WHEREAS Council wishes to exercise its powers over businesses, the persons carrying on or involved in the operation of the businesses including the powers to impose conditions on the obtaining, holding or renewing of licences and for the suspension, denial and revocation of licences as this By-law and Municipal Act, 2001 provide; AND WHEREAS the regulation of the businesses in this by-law, the requirement for a licence and the imposition of such conditions will aid in the application and enforcement of this by-law and other laws so as to assist in allowing, amongst other things, for the identification and qualification of the persons responsible for the operation of the business, the identification of the location of businesses, the regulation and inspection of equipment, vehicles, premises and other property used to carry on business, and allowing for the protection of persons dealing with or affected by such businesses and persons; AND WHEREAS Sections 390 to 400 of the Municipal Act authorize a municipality to pass by-laws imposing fees or charges for services or activities provided or done by them; AND WHEREAS pursuant to Section 151(1)(g) of the Municipal Act, Council considers it desirable to provide for a system of administrative penalties and fees as an additional means of encouraging compliance with this By-law; AND WHEREAS Council is satisfied that a public meeting and reasonable public notice have been given for enactment of this by-law in accordance with the Municipal Act, 2001; NOW THEREFORE the Council of the City of Hamilton enacts as follows: Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx GENERAL PROVISIONS DEFINITIONS and APPLICATION 1.(1) In this By-law:
• (a) “applicant ” means a person applying for a licence or renewal of a licence thereof under this By-law;
• (b) "business " has the same meaning as provided in section 150 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended;
• (c) "City " means the City of Hamilton as constituted by section 2 of the City of Hamilton Act, 1999, S.O. 1990, c.14, Schedule C;
• (d) "City Council " or " Council " means the council of the City of Hamilton;
• (e) "City Treasurer " means the treasurer of the City;
• (f) "conditions " includes special conditions which are conditions imposed upon a business in a class that have not been imposed on all of the businesses in that class, as a requirement of obtaining, continuing to hold or renewing a licence;
• (g) "Director” or “Director of Licensing” means the Director of Licensing and By-law (20-180) Services for the City, or their designate;
• (h) "hearing " includes a hearing or an opportunity given for a hearing, where an applicant or licensee may show cause why the licence should be granted, or not refused, revoked or suspended, with or without conditions;
• (i) Hearing Officer” means a person from time to time appointed by Council pursuant (20-180) to the City’s Administrative Penalty By-law; Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
• (j) "Licensing Tribunal " means the Hamilton Licensing Tribunal established under subsection 3(1);
• (k) “Municipal Officer” except where otherwise indicated, means an employee of the Parking and By-law Services Division of the Planning and Economic Development Department who is assigned by the Director of Licensing to enforce the provisions (17-011) of this By-law;
• (l) “person ” includes an individual, partnership, corporation, and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law;
• (m) "policies " or " policy " means policies or a policy approved by Council under section 15;
• (n) “private club ” means an establishment which is maintained and operated by a not- for-profit corporation or unincorporated association solely for the benefit and enjoyment of its members, and which has adopted by-laws or policies regulating the admission of persons to the corporation or association, the classes and conditions of membership, the suspension and termination of membership, the qualification and membership of directors and their manner of election, and the holding of an annual general meeting of members, and which requires the payment of fees and dues by members on an annual basis, and which issues cards or other documents to members which state the name of the member and the date on which his or her membership expires;
• (o) "Secretary " means the secretary of the Licensing Tribunal; and
• (p) "Schedule " shall be a reference to one or all the Schedules listed in section 30, as the context requires. (2) Except where otherwise provided, the provisions of this By-law apply to the engaging in or carrying on, in the City of Hamilton, of any of the businesses regulated by this By-law. Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx (3) This By-law is subject to the Retail Business Holidays Act, R.S.O. 1990, c. R.30. ADMINISTRATION