Hamilton By-law 07-170, s. 34 — This by-law comes into force and effect on the date it is passed and enacted

This by-law comes into force and effect on the date it is passed and enacted.

PASSED and this day of, MAYOR CLERK Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx APPENDIX “A” Departmental Policy Standard Character and Driving Record Criteria For Conditional Issuance and Refusal of Mobile Licence Applications or Renewals Schedules 2 (Auctioneers), 8 (Limousines), 12 (Pedlars), 25 (Taxicabs-Taxicab Driver and Taxicab Owner only), 28 (Tow Trucks) and 30 (Transient Traders)

A Refuse licence if 2 or more criminal convictions within 2 years of the application or renewal date B Refuse licence if 3 or more criminal convictions within 5 years of the application or renewal date C Refuse licence if convicted of a criminal offence where the sentence imposed was 5 years or longer D Issue conditional licence for 1 year if convicted of 1 criminal conviction within 5 years of application or renewal date. E Refuse licence if 1 Criminal Negligence or Impaired Driving convictions within 1 year of the application or renewal date F Refuse licence if 2 Criminal Negligence or Impaired Driving convictions (or 1 of each) between 1 and 4 years old from application or renewal date G Issue conditional licence for 1 year, if Criminal Negligence or Impaired Driving conviction, between 1 and 4 years old from application or renewal date H Refuse licence if either 6 demerit points lost or 4 driving convictions within 1 year of application or renewal date I issue conditional licence for 6 months if 3 – 5 demerit points lost or 3 driving convictions within 1 year of application or renewal date

A conditional licence issued as a result of a criminal record is for a 1 year period (licence holder must submit an updated criminal abstract at 6 months and at 1 year).

A conditional licence issued as a result of a driving record is for a 6 month period (licence holder must submit an updated driving record at the end of the 6 month period). At annual licence renewal, an updated driving record is required for all mobile "driver” licence holders. Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx

Notwithstanding the policy, the Director of Licensing may refuse an application for a licence above due to concerns of public safety being at risk. The licence applicant shall be informed of this decision in writing. It is a licence applicants right to appeal this decision to the Licensing Tribunal. Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx APPENDIX “B” Departmental Policy Standard Character and Driving Record Criteria For Conditional Issuance and Refusal of Establishment and Trade Licence Applications or Renewals Schedules 1 (Adult Entertainment Establishments), 3 (Bed and Breakfasts, Hotels and Motels), 4 (Body Rub Parlours), 5 (Pawnbrokers), 9 (Lodging Houses), 10 (Salvage Businesses), 16 (Public Garages - Classes A, B1, B2 and B3 only), 20 (Residential Care Facilities), 22 (Second-Hand Goods, Jewellery and Precious Metals Businesses), 25 (Taxicabs - Cab Broker only), 29 (Trades) (17-128)

A Refuse licence if 2 or more criminal convictions within 2 years of the application or renewal date B Refuse licence if 3 or more criminal convictions within 5 years of the application or renewal date C Refuse licence if convicted of a criminal offence where the sentence imposed was 5 years or longer D Issue conditional licence for 1 year if convicted of 1 criminal conviction within last 5 years

A conditional licence issued as a result of a criminal record is for a 1 year period (licence holder must submit an updated criminal abstract at 6 months and at 1 year).

Notwithstanding the policy, the Director of Licensing may refuse an application for a licence above due to concerns of public safety being at risk. The licence applicant shall be informed of this decision in writing. It is a licence applicants right to appeal this decision to the Licensing Tribunal. Revised:

• November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx SCHEDULE 1 ADULT ENTERTAINMENT ESTABLISHMENTS PART I:
• DEFINITIONS