1 open house new business licensing by-law may 7, 2009
TRANSCRIPT
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Open HouseNew Business Licensing By-LawMay 7, 2009
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Background Information
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History►On October 4, 2004 current business licensing by-law (2004) -17551 was approved.
The only purposes for licensing permitted by the Municipal Act were :
Health and safety → e.g. RestaurantsConsumer protection → e.g. Vehicle Service Est.Nuisance → e.g. Refrigerated bicycle cart
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Status of the current Business Licensing By-law
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Under our current by-law the purposes for licensing are as follows:•Health•Safety•Wellbeing
…where there is a municipal interest* that is nototherwise provincially or federally legislated.
Examples of what constitutes municipal interest is as follows:• Food handling/preparation/sales• Procedures involving bodily contact• Large assemblies of people (100+)• People overnight sleeping• Required or allowed by legislation
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Process-Staff team review
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Staff team comprised of members of the following service areas:
Building By-lawCourt Fire Information/ClerksLegalZoning
Representatives from the following were also invited to participate:
Guelph Police ServicesWellington-Dufferin-Guelph Public health
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Process-Staff team review
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The working team met several times and reviewed the following:
Categories DefinitionsApplication processHearing processMain bylaw conditions Conditions to specific categoriesInspection process for:
applications, renewals and enforcement
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Process-Open House Communications
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1,742 Invitations sent to licensees on April 24
City Webpage posted with information on April 24
Ad appeared in Guelph Tribune on April 27 and May 1
Information forwarded to:Guelph Chamber of CommerceDowntown Guelph Business AssociationGuelph Wellington Business Enterprise Centre
Contact information included in all communication: email & phone number
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Categories proposed to be licensed
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•Adult Entertainment Establishment• Adult Entertainment Retail (included in Adult Entertainment Establishment)• Amusement Establishment• Bed and Breakfast• Catering Company• Flea Market – indoor only (included in Public Hall)• Food Shop (included in Food Premise)• Food Premise (to include Food Shop and Restaurant)• Food Vehicle
> Chip Wagons> Mobile Preparation Vehicle> Refreshment Vehicle
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Categories proposed to be licensed (Cont’d)
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• Hair Salon (included in Personal Service)• Holistic Services (including operators and practitioners)• Hotel Establishments• Pawnbroker• Personal Service Establishment (includes Hair Salon)• Private Parking Agent• Public Hall (includes Flea Market – indoor only and Theatre, 100+• Restaurant (included in Food Premise)• Street Vendor – City tendered• Theatre (included in Public Hall)
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Categories proposed to no longer be licensed
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• Auctioneer• Billiards Establishment• Bowling Alley• Door-to-Door Sales Business• Driving Instructor/Driving School• Flea Market – outdoor only• Food Vehicle
> Mobile Barbeque Facility> Refrigerated Bicycle Carts
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Categories proposed to no longer be licensed (cont’d)
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• Laundromat/Dry Cleaner• Pet Shop• Physical Fitness Centre• Plumbing Contractor/Backflow Device Tester/Drain Contractor• Retail Business• Temporary Sale• Tobacco• Vehicle Service Establishment
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Why are these categories proposed to be deleted?
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A. A municipality’s ability to provide consumer protection through licensing is limitede.g. Retail
The Trades (e.g. plumbing contractors & drain contractors)
Vehicle Service Establishment
B. Some are now superseded by provincial or federal legislation e.g. Tobacco sales
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Proposed New Application Process
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The proposed NEW application process for a business licence will be a two-step process:
Step 1 – the Inspection Process 1. complete an application for inspection(s)2. inspections to be complete before application for business licence3. provide a floor plan (for all location licences)4. inspections to be completed within 90 days5. three inspections are included. 6. new application fee required if more than 3 inspections occur 7. 30 day extension is available if works begun8. fee required
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Proposed new application process( cont’d)
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Step 2 – the Application Process
1. Application - once your inspections have passed. (To be received by the Clerk’s Office within 90 days of
completing your inspection; or a both fees are required)
2. Submit all your paperwork
3. Fee payment
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Proposed new application process( cont’d)
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The Renewal process:
1. Inspections to be completed by expiry date2. 2 inspections are included, new inspections/fees required if 3+3. current insurance & membership in association required4. new inspection application and business licence application is required
If renewal not received by expiry date5. 30 day extension is available if works begun6. A payment fee for licence renewal is required
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Why Propose a new application process?
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-Businesses were applying for a licence and not completing inspections
-Deficiencies were not being rectified
-Businesses were operating before receiving licence
-New system assists with businesses receiving and passing all required inspections before operating and receiving a business licence
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Highlights of proposed by-law changes- general
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*Changes to be reported to the Clerk’s office within 15 days
* Main entrance unlocked during hours of operation (except dwellings)
*No Exemption for Charities and non profit organizations
*New ground for refusal to issue/renew/revoke/suspend/cancel a licence if there is a prohibition order or other federal or provincial order ceasing that activity
*Refund of fee on refusal to issue or renew a licence which is not appealed to be the enforcement portion of the fee
*New licence required if application for renewal of licence has not been made by the day following the date of the licence expiry, therefore,
• no March 31 renewal date • no interest calculation
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Highlights of proposed by-law changes – application process
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*All businesses to carry minimum $2 million insurance
*Proof of interest in lands or premises to be provided
*Floor plans to scale to be provided (for location businesses)
*Hours of operation to be included in application and posted on exterior of business (except dwellings)
*Corporations & partnership information to be provided
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Highlights of proposed by-law changes– appeal process
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*Composition of hearings committee to include some or all citizens *Hearings committee decision to be final and binding
*Processing fee in amount of $50 to be required as part of appeal *Time limits to be clarified
*Secretary of the hearings committee may refuse appeals which are late
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Highlights of proposed changes to specific categories
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Amusement-Defined as Indoor facilities only
-Arcades, internet gaming & internet cafes not included
Holistic -Psychological therapies not included
-Façade to be unobstructed from exterior -Professional liability insurance & membership in good standing to professional association to be provided upon renewal for
practitioners
Public Hall-Applies to indoor premises with capacity of 100+-If operating as a flea market, conditions of current category apply -Sidewalk & highway to be unobstructed & attendant to be present-No exit or corridor to be blocked or obstructed
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Highlights of proposed changes to specific categories
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Personal Service-Services and fees to be posted-Only area designated to be used for services-Where a personal service & holistic service are one business , both licences are required and the license fee shall be the greater of the two-Linens to be laundered after each use-Contact surface to be clean -First aid kit to be provided -Toilet and washroom to be provided-Hand washing basin with hot water and drying materials to be provided
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Proposed New Fee Structure
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New Application
I: Inspection process = inspection costs + vehicle costsII: Application process = administration+ enforcement + vehicle costs
= fee required to obtain a business licence
Administration = processing costs
Enforcement+ vehicle = visits throughout the year
RenewalRenewal =inspection+ administration+ enforcement +vehicle costs
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How is the fee calculated?
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Staff TimeThe compensation rate per hour multiplied by the average time for inspection
VehicleHourly rate
Inspection authorities are Building, By-law Fire, Health, and Zoning
Application fee includes hourly Clerks Office staff compensation to process the applications, and ongoing enforcement fee over the year based on one or 2 visits
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Options for proposed new fee structure
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A (i) Cost recovery (based on staffing + vehicle costs) including annual indexing (ii) Cost recovery, no annual indexing
B (i) Cost recovery not including enforcement with annual indexing(ii) Cost recovery not including enforcement, no annual indexing
C (i) 2 year phase in for A. (i) Cost recovery/annual indexing (ii) Cost recovery, no annual indexing(ii) 2 year phase in for A (ii) Cost recovery/no annual indexing(iii) 2 year phase in for B (i) Cost recovery/no enforcement & annual indexing(iv) 2 to 4 year phase in for B (ii) Cost recovery no enforcement/ no indexing
Indexing = year over year increase based on the consumer price index before your renewal notice has been issued.
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The City of Guelph would like your input
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Please provide your thoughts on the comment sheet or email your comments by May 14, 2009 to [email protected] or [email protected]
Next steps
June 9, 2009 - Recommendations to be brought forward to Finance Administration Community Services Committee June 22, 2009 - tentatively planned to go to Council for approval.September , 2009- By-law to be effective, once passed, ad will be placed in paperPhysical conditions to be met by January 2, 2010