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A By-law to license, regulate and govern hawkers and pedlars.
~ WHEREAS The Municipal Act provides no license shall be
required for hawking, peddling or selling goods, wares or merchandise;
(a) to wholesale or retail dealers in similar goods,
wares or merchandise, or
(b} if the goods, wares or merchandise are grown, produced
or manufactured in Ontario and are hawked, peddled or
sold by the grower, producer or manufacturer or his
agent or employee having written authority so to do, in
the municipality in which the grower, producer or
manufacturer resides, or
(c) if the goods, wares or merchandise are grown or produced
by a farmer resident in Ontario who offers for sale or
sells only the produce of his own farm, or
(d} if the goods, wares or merchandise are hawked, peddled
or sold by a person who pays business tax in the
municipality, or by his employee, or by his agent, or
(e) if the goods, wares or merchandise are hawked, peddled
or sold by an agent of the grower, producer or
manufacturer, acting on behalf of a dealer who pays
business tax in the municipality in respect of premises
used for the sale of such goods, wares or merchandise.
(f) by persons who sell milk or cream or fluid milk products
to the consumer or to any person for resale.
-%" AND WHEREAS a license issued under this by-law shall be valid
only from the date of its issue until December 31st of the year
of its issue;
v AND WHEREAS in a prosecution for a breach of this by-law
the onus of proving that he does not for any of the reasons mentioned
in paragraph 1 above, require to be licensed, shall be upon the
person charged;
' AND WHER£A5 the licensee shall at all times while carrying on
his business have his license with him and shall upon demand exhibit
it to any municipal or peace officer, and if he fails to do so shall, `
unless the same is accounted for satisfactorily, incur a penalty of
not less than X1.00 or more than X5.00;
AND WHEREAS if a peace officer demands the production of a license
by any person to whom this by-law applies and the demand is not complied
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with, it shall be the duty of the peace officer and he shall have the
power to arrest such person without a warrant and to-take hirn before the
nearest justice of the peace, there to be dealt with according to law;
P
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THEREFORE the Council of the Corporation of the Township of
Clarke HEREBY ENACTS AS FOLLOWS:
1. That every person who goes from place to place or to a
particular place with goods, wares or merchandise for sale within
the Township of Clarke, or who carries and exposes samples, patterns
or specimens of goods, wares or merchandise which is to be delivered
in the municipality afterwards, shall obtain a license for so doing
from the Clerk. .
2. That the respective license fee for a license issued under this
By-law is hereby established and set forth in Schedule rrArr attached
hereto, and no license shall be issued unless and until the proper
fee has been paid.
3. Any person who contravenes any provision of this Byrlaw shall
upon conviction be liable to a penalty not exceeding X100.00
recoverable under The Summary Convictions Act.
Read a first and second time this Cf day of May 1971.
_.__.--
Reev ~,
G,,~.~
oG~ n
Clerk
Read a third time and finally passed this !~ day of May 1971.
~ o-~-- _
Reeve
S E A L ~~
oLr,~
Clerk
SCHEDULE rrArr TO BY-LAW N0. 170t~
The License Fees are X35.00, for non-residents
X10.00, for residents
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