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HomeMy WebLinkAbout91-56 IlIlTI~. ~~ I'MAW... . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91-56 being a By-law to regulate and license certain exhibitions held for hire or gain in the municipality WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to regulate and license certain exhibitions held for hire or gain in the municipality, NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. For the purposes of this By-law, the term: a) "applicant" means the person who is required to sign an application for a license for an exhibition held for hire or gain, and where more than one person is required to sign an application for a license by subsection 3(1) of this By-law, the term "applicant" includes each person who is so required to sign the application in question; b) "charitable organization" means a charitable organization whether or not incorporated, all the resources of which were devoted to charitable activities carried on by the organization itself and no part of the income of which was payable to, or was otherwise available for the personal benefit of, any proprietor, member of shareholder thereof; c) "exhibition held for hire or gain" means a concert, a musical exhibition, a folk festival, or other gathering, (i) at which entertainment is provided to the persons who attend, (ii) a fee for admission is paid by the persons who attend, and (iii) the persons who attend are accommodated outdoors or on seats that are not located within a building, and the term "exhibition held for hire or gain" includes a proposed exhibition held for hire or gain where that meaning is required by the context in which the term is used; d) "fee for admission" means a charge in money or monies' worth for the right to attend an exhibition held for hire or gain and includes a membership fee in a club, organization, or association which entitles the member to attend an exhibition held for hire or gain; e) "land" means land located in the Town of Newcastle; f) "municipality" means the Corporation of the Town of Newcastle; g) "Region" means the Regional Municipality of Durham. 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No person shall hold an exhibition held for hire or gain on any land or permit an exhibition held or gain to be held on any land unless: a) at least 30 days prior to the proposed date of commencement of the exhibition held for hire or gain a license therefor has been issued by the Clerk of the municipality pursuant to this By-law; and b) no greater number of persons who pay a fee for admission in fact attend the exhibition held for hire or gain at any time(s) than the maximum number of persons specified in the licence who may attend the exhibition held for hire or gain at the particular time ( s ) . 3.(1) A written application for a license to hold or conduct an exhibition held for hire or gain pursuant to this By-law shall be made to the Clerk of the municipality at least 45 days prior to the proposed date of commencement of the exhibition held for hire or gain. 3.(2) The application shall be signed by each person(s) who proposed to conduct the exhibition held for hire or gain in question. The application shall also be signed by the owner or owners of the fee simple and leasehold interests in the land on which it is proposed to hold or conduct the exhibition held for hire or gain if such owner(s) is different from the person(s) who propose to conduct such exhibition. 4. Every applicant for a licence under subsection 3(1) of this By-law shall submit to the Clerk of the municipality either with the application or at least 30 days prior to the proposed date of commencement of the exhibition held for hire or gain in question, in support of the application, each of the following: a) a description of the exhibition held for hire or gain, and a description of the land on which the exhibition held for hire or gain is to be held, which land shall include any areas for motor vehicle parking, camping, the sale or consumption of food and refreshments, which are available to persons who pay a fee for admission to attend the exhibition in question; b) a statement of the applicant under oath of the maximum number of persons who pay a fee for admission who will be permitted by the applicant to attend the exhibition held for hire or gain at a specified time or times together with a description of the means by which attendance will be limited to such maximum number of persons; c) the proposed period(s) of time during which the exhibition held for hire or gain will be held which shall include any additional period(s) during which persons who pay a fee for submission who propose to attend or who have attended the exhibition in question will be permitted to enter or to remain on the land on which the exhibition held for hire or gain is held before the exhibition has commenced and after it has concluded; ... . ~-.: .-4. 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'By-law 91- 56 . ,. - 3 - d) e) a letter signed by the Chief of Police of the Regions Police Service certifying that in his opinion adequate police protection will be available during the period(s) referred to in paragraph 4.c) for the exhibition held for hire or gain, if the estimated cost thereof specified in the Chief of Police's letter including any security deposit that he requires the applicant to make from which the Police Service may be indemnified in respect of damage to or loss of Police Service equipment or vehicles while on the land referred to in paragraph 4.a) during the period(s) referred to in paragraph 4.c), is paid by the applicant as provided in paragraph 4.e) on or before the day which is at least 30 days prior to the proposed date of commencement of the exhibition held for hire or gain in question; a certified cheque payable to the Region in an amount equal to the estimated cost of adequate police protection including the security deposit referred to in paragraph 4(d); f) a letter signed by the Chief of the Town of Newcastle Fire Department certifying that he has approved a Fire Safety Plan under the Ontario Fire Code, O.Reg. 67/87, as amended from time to time, if such is required in respect of the exhibition held for hire or gain on any land referred to in paragraph 4.a); a letter signed by the Chief of the Newcastle Fire Department setting out his estimate of the additional cost, if any, to the municipality of providing adequate fire protection in connection with the exhibition held for hire or gain and the amount of money that in his opinion should be deposited by the applicant with the municipality from which the municipality may appropriate monies to indemnify the municipality in respect of damage to or loss of any municipality- owned fire equipment or vehicle(s) while on the land referred to in paragraph 4.a) during any of the period(s) referred to in paragraph 4.c); h) a certified cheque payable to the municipality in an amount equal to the estimated cost of providing adequate fire protection and the security deposit set out in the Fire Chief's letters referred to in paragraphs 4.f) and g); g) i) a certified cheque payable to the municipality in the amount that in the opinion of the Director of Public Works of the municipality will be sufficient to reimburse the owners of lands located within 150 metres of the land referred to in paragraph 4.a) on which the proposed exhibition held for hire or gain will be conducted including the municipality as the owner of public highways, for damage which is caused by or results from unauthorized entry on or use of any of such properties by persons who attend or who are employed by the applicant or by his contractor in connection with the exhibition held for hire and gain at any time(s) during the period(s) referred to in paragraph 4.c), provided that the aforesaid amount shall not exceed $30,000.00 with respect to the exhibition held for hire or gain in question; ~ , .u ...; ...", * , ....1It. 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By-law 91-56 - 4 - k) j) a letter signed by the Region's Medical Officer of Health certifying that he is of the opinion that all public health and sanitation requirements in connection with the exhibition held for hire or gain are likely to be satisfied; a certified copy of a comprehensive general liability policy of insurance issued by an insurer licensed to do business in Ontario which provides for limits of protection of at least $10,000,000.00 in respect of the exhibition held for hire or gain referred to in paragraph 4.a) during the period(s) referred to in paragraph 4.c), which provides coverage, including bodily injury, property damage, and non-owned auto insurance, which names the municipality as an insured party and which provides a coverage period at least equal to the period(s) referred to in paragraph 4c) plus one (1) day before the commencement and one (1) day after the conclusion of the exhibition held for hire or gain in question; I) an agreement executed by the applicant by which the applicant agrees with the municipality to save the municipality harmless from and indemnify it in respect of all costs, charges, expenses and liability that it may incur as a result of issuing a license to the applicant for the exhibition held for hire or gain or that may arise out or result from of the holding or conducting of the exhibition in question; and except in the case in which the applicant is a charitable organization, an application fee of $300.00 paid in cash or by certified cheque payable to the municipality. 5. At any time prior to the completion of the exhibition held for hire or gain which is permitted by a licence issued under this By-law, the licence therefor may be revoked by the Clerk of the municipality by written notice served on the applicant or delivered to the applicant's address as set out in the application for the licence, m) Either a) if the Clerk is satisfied that incorrect or false information has been submitted to the Clerk in support of the application for the licence; Or b) if the Medical Officer of Health of the Regional Municipality of Durham advises the Clerk in writing that he is no longer of the opinion that all public health and sanitation requirements in connection with the exhibition held for hire or gain are lik~ly to be satisfied. 6. For the avoidance of doubt and notwithstanding any other provision of this By-law, no license shall be issued under this By-law if the exhibition held for hire or gain is not permitted by By-law 84-63, as amended from time to time, or under any replacement of or successor to such By-law. 7. This By-law shall not apply to: /~ /~. '" {~.. '.~ ~ v ~:( ",'. ~ ~. ". tI <'. 'ill. , . < , . .. . . . . t' '. ". . . . By-law 91-56 - 5 - a) any exhibition held for hire or gain if the number of persons who pay a fee for admission who attend such exhibition is fewer than 250; and b) any exhibition held for hire or gain (i) on an allowance for public highway owned by the Town of Newcastle, on or in a park or recreational facility owned and/or operated by the Town of Newcastle, or on or in the Town of Newcastle Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario. 8. The invalidity of any section, portion of a section, paragraph, portion of a paragraph, clause, or portion of a clause of this By-law is not intended to and shall not affect the validity of any other provision of this By-law. (ii) (iii) 9. Every person who contravenes any of the provisions of this By-law is guilty of an offence under the Provincial Offences Act. 10. This By-law shall come into force and have full effect immediately on the final passing of it. BY-LAN read a first and second time this 29th day of April, 1991 BY-LAW read a third time and finally passed this 29th day of April, 1991 HAYOR