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HomeMy WebLinkAbout83-150 -r~~*" AMENDED BY BY-LAW #.~J.;.Q1.:S THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83-150 being a by-law for the licensing and regulating of transient traders in the Town of Newcastle WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to licence and regulate transient traders in the Town of Newcastle; AND WHEREAS the Municipal Act R.S.O. 1980, Chapter 302, establishes Council's authority to enact this by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1 . Defi ni ti ons For the purpose of this by-law: (i) "Town" or ItCorporationlt, shall mean the Corporation of the Town of Newcastle; (ii) "Town Clerk" or "Clerk", means the Clerk of the Corporation of the Town of Newcastle or a person designated to act on his behalf; (i i i) "Town Treasurer" or ItTreasurer, means the Treasurer of the Corporati on of the Town of Newcastle or a person designated to act on his behalf; (i v) "Councillt, means the Counci 1 of the Corporation of the Town of Newcastle; (v) ItIssuer of licenceslt, means the Clerk of the Corporation of the Town of Newcastle or some other person designated to act on his behalf; (vi) "Person", means and includes persons, firms and corporations to whom the context may apply; (vii) ItPolice Officerlt, means an officer of the Durham Regional Police Force. 2. For the purpose of this by-law, ItTransient Traderlt includes any person commencing a business who has not resided continuously in the Municipality for at least 3 months next preceeding the time of his commencing of such business in the Town of Newcastle. Every Transient Trader and every other person whose name is not entered on the assessment roll for the Town of Newcastle for business assessment for the then current year, or is entered on the assessment roll foresaid for the first time in respect of business assessment, and who offers goods, wares or merchandise for sale by auction conducted by himself, or by a licenced auctioneer or otherwise, or who offers them for sale in any other manner shall, before so offering such goods, wares or merchandise for sale, obtain such licences as may be required before commencing to trade, and pay such fees as may be prescribed. I-lit NO.______.HL-L3>.--:-'.(l-----.l - . -- "', ..'~ ~ ," By-l aw 83-150 -2- This by-law shall not apply to the sale of the stock of a bankrupt or an insolvent, within the meaning of the Bankruptcy or Insolvency Act in force in Ontario, nor to the sale of any stock damaged by or by reason of fire, which is being sold or disposed of within the Town of Newcastle; if the business was being carried on at the time of the bankruptcy, insolvency or fire within the Town of Newcastle, so long as no goods, wares or merchandise are added to such stock. This by-law shall not apply to the sale of a business to a bonafide purchaser who continues the business. The fee to be paid for a licence by a farmer resident in Ontario, who offers for sale only the produce of his farm shall not exceed five dollars ($5.00). Every transient trader or other person whose name is not entered on the assessment roll, or is entered on it for the first time, in respect of business assessment, and who offers goods, wares or merchandise for sale, shall pay a licence fee before commencing to trade in the amount of Two Hundred and Fifty Dollars ($250.00). The sum paid for a licence shall be credi ted to the person payi ng it, or to any bonafi de purchaser of the busi ness who carries on the business, on account of taxes payable in respect of the business, and in respect of real property taxes on the land used for the purposes of, or in connection with the business, if the land is owned by the person carrying on the business, during the year in which the licence was issued and five years thereafter. Every transient trader who carries on business without a licence, is guilty of an offence and on conviction is liable to a fine equal to the licence fee that he should have paid and in addition thereto the sum of not less than Ten Dollars ($10.00) and not more than Two Hundred Dollars ($200.00). Every transient trader shall cause his licence to be prominently and permanently displayed in his place of business during the full term in which he is carrying on business as a transient trader and in default thereof is guilty of an offence and on conviction is liable to a fine of not less than One Dollar ($1.00) and not more than Ten Dollars ($10.00). Every applicant for a transient trader's licence shall as part of his application for such licence, furnish a statement in writing containing a full description of the goods, wares or merchandise that he proposes to sell or offer for sale under such licence. Town of Bowmanville By-law No. 1928 and all other by-laws not consistent with this by-law, shall be and are hereby repealed. By-law read a first and second time this 14th day of November 1983. By-law read a third and final time this 14th day of November 1983. '? b-::;"'" ~ "c:;" , ? /' ~/ , .,-/ ;~~ ~-~ Mayor i Clerk