Brantford : Règlement no 326, art. 5 — Ensure the premises meet all requirements of the Building Code Act, 1992 and its regulations, the Fire Protection and Prevention Act, 1997 and its regulations, the Health Protection and Promotion Act and its regulations and any applicable by-law
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Ensure the premises meet all requirements of the Building Code Act, 1992 and its regulations, the Fire Protection and Prevention Act, 1997 and its regulations, the Health Protection and Promotion Act and its regulations and any applicable by-law.
GENERAL PROVISIONS - LICENCES By-law 158-2019, 22 October, 2019; Schedule ‘A-13’. GENERAL PROVISIONS - LICENCES Business Licensing - Schedule A-14 Title Payday Loan Establishment Applicable Payday Loan Establishment Licence Exceptions Financial Institutions as defined in the Bank Act or credit unions as defined in the Credit Unions and Caisses Populaires Act, 1994. Limit No more than seven (7) Payday Loan Establishment Licences will be granted by the City of Brantford, in any given year. Reasons for Consumer Protection licensing Interpretation For the purposes of this Schedule, the following words shall have the following meanings:
- “Payday Loan” shall mean an advancement of money in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawn broking, a line of credit or a credit card;
- “Payday Loan Establishment” shall mean a premises where a loan broker or lender administers payday loans;
- “Loan broker” shall mean a corporation, partnership, sole proprietor, association or other entity or individual that assists a borrower in obtaining a payday loan or that holds oneself out as available to provide such assistance;
- and, “Lender” shall mean a corporation, partnership, sole proprietor, association or GENERAL PROVISIONS - LICENCES other entity or individual that makes a payday loan to a borrower or that holds oneself out as available to make such a loan;
- “Gaming Establishment” shall mean a lot and a building or structure, or portion thereof, used for the purposes of operating games of chance, or of mixed chance and skill, and shall include slot machines and table games, and may include any casino style game, device or lottery scheme, as approved by the Government of Province of Ontario or such person or authority in the Province as may have been specified by the Lieutenant Governor in Council, and may also include areas devoted to the sale of food and beverages, entertainment and associated offices. Additional Every application for a licence pursuant to Application this Schedule shall include the following:
- Requirements
- (f) A site plan or sketch identifying the proposed (or existing) location;
- (g) Copy of provincial licence pursuant to the Payday Loans Act, 2008; and,
- (h) Copies of notices, pamphlets, brochures, payday loan agreements or other materials, including prescribed materials that the licensee uses or proposes to use in the course of conducting business. Application New Application Renewal Circulation Chief Building Chief Building Criteria Official Official Chief of Police Chief of Police GENERAL PROVISIONS - LICENCES Specific In addition to the general requirements set Licence out in the Chapter to which this Schedule is Requirements attached, the following specific conditions apply to every licence issued pursuant to this Schedule: 1) No person shall operate or maintain a Payday Loan Establishment without a licence within the City of Brantford without first having obtained a licence from the Issuer of Licences to do so; 2) The applicant or licensee, as the case may be, shall notify the Issuer of Licences immediately should there be a change in any of the information provided to the Issuer of Licences pursuant to this Schedule or the Chapter to which this Schedule is attached; 3) Distance Location Requirements: Minimum distance separation of 150 metres from property line to property line, from any and all of the following:
- a) Group correctional home, Mini- group home, Group home, Group residence, Crisis residence, Group Correctional Residence,
- b) Medical Clinics,
- c) School, Arts, School, Commercial, School, Elementary, School, Post- Secondary, School, Private, School, Secondary, School, Separate, and
- d) Gaming Establishments, unless the establishment exists within the minimum distance separation at the time of the passing of this by-law. 4) Insurance: Proof that the applicant has obtained and will maintain a Commercial General Liability insurance policy with a policy limit of not less than $2,000,000 per occurrence; Proof that the applicant has obtained and will maintain a GENERAL PROVISIONS - LICENCES Commercial General Liability insurance policy with a policy limit of not less than $2,000,000 per occurrence and keep in force during the term of the License, Commercial General Liability Insurance satisfactory to The Corporation of The City of Brantford. 5) Duties of the Operator - every operator shall:
- a) Ensure that either the operator or individual who is responsible for the operation of the premises is present and available at the premises at all times,
- b) Post in a visible place the required signage and communication material as prescribed in the Payday Loans Act, 2008 and its regulations and the Collections and Debt Settlement Services Act and its regulations, and
- c) Ensure the establishment meets all requirements of the Payday Loans Act, 2008 and its regulations, the Collection and Debt Settlement Services Act, R.S.O. 1990, and its regulations, the Consumer Protection Act, 2002, and its regulations, the Building Code Act, 1992 and its regulations, the Fire Protection and Prevention Act, 1997 and its regulations, the Health Protection and Promotion Act and its regulations and any applicable by-law. Renewal 1) The Applicant/Licensee shall be the Licence same person, as was previously Applications licensed. 2) The minimum distance separation shall not apply. 3) All other licensing requirements GENERAL PROVISIONS - LICENCES continue to apply. Payday Loan 1) Cash 4 You Establishments 212 King George Road Existing at the 2) Cash 4 You Time of the 63 Brant Avenue, Unit C Passage of the 3) Cash Money By-Law 196 Dalhousie Street, Unit 1 4) Open/Available 250 King George Road, Unit 4 **Locations 5) Cashco Loans recognized as: 325 King George Road, Unit B - operating 6) National Money Mart Company before the 150m 265 King George Road, Unit 116B minimum 7) National Money Mart Company** separation 114 Dalhousie Street distance was introduced, and -permitted, nonconforming until such time as the establishment ceases to operate or fails to obtain and maintain a municipal business licence. **Business Licence is not transferrable for these two locations only. By-law 175-2019, 19 November, 2019; By-law 21-2021, 23 February, 2021; By-law 132- 2023, 28, February, 2023 GENERAL PROVISIONS - LICENCES GENERAL PROVISIONS - LICENCES Schedule A-15 Title Short Term Rental Accommodations Applicable Short Term Rental Accommodations Licence Exceptions This Schedule shall not apply to the following:
- (a) Hotels/Motels;
- (b) Lodging Houses;
- (c) Group homes that are licensed under a provincial or federal statute;
- (d) Hospitals, nursing homes, hospices, homes for the young or aged, retirement homes, correctional homes, crisis residences or other institutions that are licensed, approved or suspended under any act, including regulation thereunder, of the federal or provincial government; and
- (e) Bed and Breakfasts Reasons for Consumer Protection licensing Health and Safety Nuisance Control Interpretation For the purposes of this Schedule, the following words shall have the following meanings: “Short Term Rental” shall mean a dwelling unit, or part thereof, in which temporary accommodation is made available to members of the travelling public for a maximum of 28 consecutive days per stay, and does not include a bed and breakfast establishment, lodging house or group home; or as defined by the City of Brantford’s Zoning By-law 160-90; “Operator” shall mean a person who, alone GENERAL PROVISIONS - LICENCES or with others, operates, manages, supervises, runs, oversees, or controls a short term rental accommodation, and, without restricting the generality of the foregoing, may include the owner of the short term rental accommodation. “Registrant” means every person who is required to obtain a registration pursuant to this Chapter, and includes a person who has made application for a registration to the Issuer of Licences but has not yet been granted a registration. Additional Every application for registration pursuant Application to this Schedule shall include the following: Requirements
- (a) Name and contact details of the owner;
- (b) Property details including maximum guests;
- (c) Completion of a Short Term Rental Accommodation operator questionnaire;
- (d) Registration fee as per Schedule B of Municipal Code Chapter 326 – Fees; and
- (e) Validation statement that includes such items as insurance, good neighbour responsibilities, and rental property details Application New Application Renewal Circulation To be circulated for To be circulated for Criteria information information purposes only. No purposes only. No approvals required. approvals required. Chief Building Chief Building Official Official Chief Fire Official Chief Fire Official Medical Officer of Medical Officer of Health Health Chief of Police Chief of Police Specific In addition to the general requirements set Licence out in the Chapter to which this Schedule is GENERAL PROVISIONS - LICENCES Requirements attached, the following specific conditions apply to every licence issued pursuant to this Schedule:
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