"Home-Based Business" shall mean every person who:

1. Operates a Business out of their home;
2. Has resided in the Municipality for three (3) consecutive months or more;
3. Whose property has not been entered on the assessment roll in respect of commercial assessment for the current year; and
4. May carry or expose samples, patterns, specimens or catalogues of goods, wares or merchandise that are to be delivered into the Municipality afterwards.

Application Requirements:

The Licensing Officer shall not issue a License for a Home-Based Business that has

1. A report from the Municipality's Chief Building Official confirming that all buildings, structures and facilities on site, or the plans for same, are or will be in compliance with the requirements of this By-Law, any building permits issued by the Municipality and the provisions of any agreement in effect for the Home-Based Business;

2. A report from the Fire Chief confirming that all buildings, structures and facilities, or the plan for same, are in compliance with applicable fire safety regulations; and

3. A report from the Northwestern Health Unit and/or the alternate approval authority confirming that all water supply facilities and sewage disposal facilities, or the plans and documentation for same, are in compliance with applicable potable water supply and sewage treatment regulations and guidelines.

Conditions:

The Licensing Officer shall issue the License subject to any conditions requested by the Chief Building Official, the Fire Chief or the Northwestern Health Unit (and/or the alternate approval authority) referenced in section 2 of this Schedule.

Conditions Added to the License:

The Licensing Officer may at any time review an Owner's or Operator's License and may, rather than refuse or revoke the Licence, attach to the Licence conditions consented to by the Licensee. Where conditions to a Licence are attached under this section, failure to comply with the conditions shall result in automatic suspension of the Licence.

Access:

It is an offence for the Owner or the Operator of a Home-Based Business to fail to provide adequate access to the site for patrons of the Business and for emergency services.

Grounds Maintenance:

It is an offence for the Owner or the Operator of a Home-Based Business to fail to maintain the grounds of the Business, including: keeping all grass and herbage cut and trimmed; keeping all buildings repaired and in a clean and sanitary condition; keeping the furnishings, equipment, washroom facilities, lighting fixtures and appliances in a state of good repair and in a clean and sanitary condition.

Nuisance Prevention:

It is an offence for the Owner or the Operator of a Home-Based Business to fail to take all necessary steps to prevent nuisance by way of noise, debris, parking, trespassing, wandering animals, etc. on or around Highways and properties adjacent to the Business.

License Term:

Every Home-based Business Licence issued within the jurisdiction of the Municipality of Red Lake is valid until December 31st of the current year.

Revocation for Falsification:

Notwithstanding Article 5.00 of this By-Law, the making of a false or intentionally misleading recital of fact, statement or representation in any Licence application, may result in the immediate revocation of a Licence or refusal to issue or renew a Licence, by the Licensing Officer.

An "Itinerant Salesperson" is a person who:

• Has not resided in the Municipality for three consecutive months and who goes from place to place, or to a particular place, with goods, wares or merchandise for sale, or who carries and exposes samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the Municipality afterwards.

Without limiting the generality of the foregoing, the terms "peddler" or "hawker" have identical meanings.

Application Requirements:

An applicant for an Itinerant Salesperson's Licence shall clearly indicate in the application whether the Itinerant Salesperson will sell from place to place or whether they will sell from one location only. The Licence issued shall clearly specify whether the Licensee is authorized to sell from place to place or from a specified location.

Misuse of Place-to-Place Licence:

It is an offence for an Itinerant Salesperson who is licensed to sell from place to place to establish or display his or her wares in one location and to vend from it under the auspices of that Licence.

Misuse of Single Location Licence:

It is an offence for an Itinerant Salesperson who is licensed to sell from one location, to sell from place to place under the auspices of that Licence. All goods, wares, merchandise, signs, and other paraphernalia of the Itinerant Sales Person must remain on the site which is licensed, and must not be situated, even temporarily, on abutting properties, including Highways.

Zoning and Occupancy Requirements:

Itinerant Salesperson Licences shall not be issued for particular locations unless:

1. the applicant has provided written proof, satisfactory to the By-Law Enforcement Officer that he or she is the property owner of the land at the location or, alternatively, that he or she has the authority of the property owner and/or manager to vend from the site.

Exemptions:

An Itinerant Salesperson's Licence is not required by the following Persons:

1. Persons peddling goods, wares, or merchandise to wholesale or retail dealers in similar goods, wares or merchandise;

2. Growers, producers, or manufacturers (or their authorized agents or employees) who reside in the Municipality of Red Lake and are peddling goods, wares or merchandise which are grown, produced or manufactured in Ontario;

3. A farmer resident in Ontario peddling only goods, wares, merchandise or produce from his or her own farms;

4. Persons who lease or own realty within the Municipality of Red Lake upon which they operate a business selling the same wares that are proposed to be peddled;

5. Persons who sell milk or cream or fluid milk products either by wholesale or retail; or

6. Persons who are agents or employees of non-profit or charitable organizations, who are vending for the benefit of the charitable organization.

Onus of Proof of Qualification for Exemption:

Any Itinerant Salesperson who claims an exemption under section 6 of this Schedule must provide to the By-Law Enforcement Officer, upon request, the appropriate evidence in support of the claim for the exemption. Similarly, in a prosecution for breach of this By-Law, the onus of proving an exemption from requirement for a Itinerant Salesperson's License is upon the Person claiming the exemption.

"Special Event" is:

• An event which is operated by a local entity which is not a Charity or a Non-Profit Association or Corporation; or
• An event the financial proceeds of which are not donated to a Charity or a Non-Profit Association or Corporation
• Which event is intended to gather large numbers of people in a single place for a specific occurrence or performance.
• The term includes:
  • Exhibitions,
  • Circuses,
  • Craft Shows,
  • Trade Shows or Home Shows,
  • Outdoor party or picnic-style events,
  • Fireworks or lighting displays,
  • Music Festivals and Jamborees (including Raves and "Jam Sessions"),
  • Outdoor/indoor theatres for the presentation of live drama,
  • Recreational,
  • Sport or athletic competitions,
  • Gatherings involving mechanical or other (such as inflatable) amusement devices,
  • and Marathons.
• The term expressly excludes non-commercial gatherings such as weddings or other similar social events.

Application Requirement:

Every Applicant for a Licence to hold a Special Event, as part of the application for the Licence, shall furnish a statement in writing containing a full list of the businesses or organizations that have rented booths, description of the goods, wares or merchandise that will be for sale under the Licence.

All Persons intending to organize or host a Special Event must apply to the Licensing Officer for a Licence at least two months in advance of the date that the Special Event will occur.

Conditions:

The Licensing Officer shall issue the Licence subject to any conditions requested by the Chief Building Official, the Fire Chief or the Northwestern Health Unit (and/or the alternate approval authority).

Conditions Added to the Licence:

The Licensing Officer may at any time review an Owner's or Operator's Licence and may, rather than refuse or revoke the Licence, attach to the Licence conditions consented to by the Licensee. Where conditions to a Licence are attached under this section, failure to comply with the conditions shall result in automatic suspension of the Licence.

Licence Term:

Every Trade Show and Craft Show License issued within the jurisdiction of the Municipality of Red Lake is valid until the time period stated on the licence.

Exemptions:

The following are exempted from purchasing a Special Event Licence:

1. Charities and Non-Profit Organizations;

2. Municipally Organized Special Event.

Books and Records:

Where a person claims that an event does not meet the definition of "Special Event" so as to be regulated by this Schedule to this By-Law, he or she shall make available to the Licensing Officer at any reasonable time all books and records associated with the event in order to demonstrate that the event was operated by a Charity or a Non-Profit Corporation, or that all of the financial proceeds were donated to a Charity of a Non-Profit Corporation. Failure to provide the books and records pursuant to this section is an offence.

"Food Service Vehicle" shall mean:

1. A structure or vehicle from which food and beverages are sold for consumption by the public and includes, without limiting the generality of the foregoing, wagons, trailers and trucks, but does not include push carts, bicycle carts or other similar devices which rely on human motive power to move, or a restaurant as defined elsewhere in the Zoning By-Law

Application Requirements:

Upon application for a Food Service Vehicle Licence the following shall be submitted:

1. Site Plan showing location of food truck;

2. Identified Parking;

3. Permission from property owner acknowledgging the intended use of the property, if required;

4. Certificate from Northwestern Health Unit;

5. Propane inspection by a certified gas fitter, if required;

6. Plan for containment and disposal of grey water, grease and garbage; and

7. Proof of insurance.

Conditions:

1. A food service vehicle shall be removed from the property of which it is licensed for, from December 1st to March 31st consecutively and shall be stored on land owned, leased or rented by the operator for storage of the food service vehicle in compliance with the Zoning By-Law;

2. Food Service Vehicles are not permitted on Municipal property, including but not limited to highways, sidewalks, vacant lots or public parks, unless otherwise stated in this By-Law;

3. The By-Law Enforcement Officer shall issue the licence subject to any conditions requested by the Chief Building Official, the Fire Chief, the Northwestern Health Unit, the Planning Administrator or their designate; and

4. The By-Law Enforcement Officer may at any time review and licence and may, rather than refuse or revoke the licence, attach to the licence conditions. Where conditions to a licence are attached under this section, failure to comply with the conditions shall result in automatic suspension of the licence.

Grounds Maintenance:

It is an offence for the Owner or the Operator of a food service vehicle to fail to maintain the grounds of the business, including: keeping all grass and hedges cut and trimmed; keeping the grounds clean and fee of debris; keeping all food service vehicles, furnishings and equipment in good repair and in a clean and sanitary condition.all buildings repaired and in a clean and sanitary condition.

Nuisance Prevention:

It is an offence for the Owner or the Operator of a food service vehicle to fail to take all necessary steps to prevent nuisance by way of noise, debris, parking, trespassing, attraction of wildlife, etc. on or around Highways and properties adjacent to the Business. No food service vehicle shall be powered by a generator, except on a temporary basis and approved by the By-Law Officer.

License Term:

A Food Service Vehicle Licence shall only be valid between April 1st and November 30th of the same calendar year.

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