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HomeMy WebLinkAbout1909T0NN OF BOWMANVILLE BY -LAW NO. 1909 � IV C ?-13 A By -law to license, regulate and govern Hawkers and Bedlars. Pursuant to the provisions of the Municipal Act. R.S.O. 1960 Chapter 249, Section 399 (1), the Council of the Corporation of the Town of Bowmanville enacts as follows: 1. That every person who goes from place to place or to a par- ticular place with goods, wares, or merchandise for sale with- in the Town of Bowmanville, or who carries and exposes samples, patterns or specimens of goods, wares or merchandise which is to delivered in the Municipality afterwards, shall obtain a license for so doing from the Trea§urer of the Municipality. 2. The fees to be paid for such license shall depend on the type of goods to be sold and shall vary as between persons who have resided continuously within the Town of Bowmanville for a per- iod of one year preceeding the application for the license (hereinafter called "residents") and persons who have not so resided (hereinafter called "non- residents "). The fees shall be as follows: Goods to be sold under license: . Fees to be paid by Non- residents' Residents 1. Green groceries, grocers fruit, vegetables and similirrgoods. 50.00 10.00 2. 'Potato chips, Fish.& Chips, and popcorn when ,sold from a hand cart. 50.00 10.00 3. Goods sold from refreshment vehicles including potato chips, fish & chips and popcorn when sold from vehicle for first vehicle 50.00 10.00 for each additional vehicle of same person 20.00 5.00 4. Jewellery, watches and similar goods 50.00 10.00 5. Hardware, kitchenware and similar goods 50.00 25.00 6. Musical instruments 50.00 25.00 7. Electrical equipment and appliances 50.00 25.00 8. Christmas trees, other than those being sold by non - profit charitable and welfare organizations 10.00 10.00 9. Clothing, men's wear and _. ladies wear 50.00 25.00 10. Greeting cards and calendars, other than those being sold by non- profit, charitable and welfare organizations 5.00 5.00 11. 12. 3. -2- Magazines, books and similar goods. Goods not included under items 1 -12 50.00 50.00 25.00 10.00 A license issued under this By -Law shall be valid only from the date of its issue until December 31st of the year of issue. 4. Application for a license under this By -Law shall be made in writing to the Town Treasurer on the form of application approved by the Town Council and the fee for the license shall be paid to the Treasurer. 5. No license shall be required for hawking, peddling, or selling goods, ware or merchandise; (1) to wholesale or retail dealers in similar goods, wares or merchandise, or (11) 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 to do so, in the Mun- icipality in which the grower, producer or manufacturer resides, or, (111)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, (IV) if the goods, wares or merchandise are hawked, peddled, or sold by a person who pays business tax in the munici- pality or by his employee or by his agent, or, (V) 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. (VI) by persons who sell milk or cream or fluid milk products to the consumer or to any person for resale. 6. In a prosecution for a bVeach of this By-law the onus of proving that he does not for any of the reasons mentioned in paragraph 5 above, require to be licensed, shall be upon the person charged. 7. 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 $1.00 or more than $5.00. $. 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 with it shall be the duty of the peace officer, and h'e shall have the power to arrest such person without a warrant and to take him before the nearest Justice of Peace, there to be dealt with. 9. Any person who contravenes any provisions of this By -law except provided in paragraph 7, shall upon conviction be liable to a penalty not exceeding $50.00 recoverable under the Summary Convictions Act. At . 1 4�. 3 `r+' =3- 10. Any by -laws inconsistent with the terms of this By -law are hereby repealed. READ a first time this 20th day of April 1964. READ a second time this 20th day of April 1964. Mayor Jc -,� Clerk READ a third time and finally passed this IDO day of A,&I. 1964. Mayor. :4J: Clerk. r -1 ONTARIO DEPARTMENT OF MUNICIPAL AFFAIRS 801 BAY STREET TORONTO 5 September 18, 1964 Mr. Jack L. Reid, Clerk- Treasurer, Town of Bowmanville, P.O. Box 1570, Bowmanville, Ontario, Dear Sir: In accordance with your request of August 180 1964 I return herewith one copy of your By -law No. 1909, duly approved by this Department as to the amount of fees in excess of $2.00. Yours truly, 7. Salomaa, Supervisor, ' Municipal Administration Branch. VS/ml Encls.