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HomeMy WebLinkAboutCD-63-83 W`SOQµKNOWLEDGE qK,D CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMAN ILLE, ONTARIO L1 C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 7, 1983. CD - 63 - 83 - Our File: 10.13.119. SUBJECT: CONSIDERATION OF A BY-LAW TO ESTABLISH TRANSIENT TRADERS FEES IN THE TOWN OF NEWCASTLE. RECOMMENDATIONS: 1. That this report be received; and 2. That the recommendations with respect to the establishment of Transient Traders Fees in the Town of Newcastle be approved by the General Purpose and Administration Committee; and 3. That the by-law attached to Report CD-63-83 be recommended to Council for passage. BACKGROUND AND COMMENT: It has been determined, that there is an inconsistency among the Town of Newcastle's predecessor municipalities with respect to the matter of Transient Traders Fees. The anomaly was brought to light recently when a review of the by-laws relating to the subject matter was undertaken. It was determined, that only the former Town of Bowmanville had a transient traders by-law in place. The purpose of establishing the authority to collect transient traders fees in any municipality is simply to provide a vehicle through which persons or companies starting a new business in the municipality establish a credit position with the Town in respect of business taxes. That is, they pay business taxes in advance. This is a very effective process and in support of the report, I would advise, that during 1983, at least two new businesses were opened and subsequently, closed within a few months and in each case, the Town was able to draw on the Transient Traders Fees deposited to offset the business taxes owing. � u CD-63-83 - 2 - November 7, 1983 Accordingly, it is this department's recommendations, that the fee be established at $250.00 as detailed in the by-law attached and that the General Purpose and Administration Committee recommend the by-law to Council for passage. Respectfully submitted, David W. Oakes , B.A. , A.M.C.T. , To n Clerk. DWO/ms Attachment. October 27, 1983. D RAF T THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83- 130 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. Definitions For the purpose of this by-law: (i ) �Town"or'�Corporation;`shall mean the Corporation of the Town of Newcastle; (ii ) ' Town Clerk"or`Clerr means the Clerk of the Corporation of the Town of Newcastle or a person designated to act on his behalf; (iii ) ' Town Treasurer"or'Treasurer,means the Treasurer of the Corporation of the Town of Newcastle or a person designated to act on his behalf; (iv) o Council,"means the Council of the Corporation of the Town of Newcastle; (v) " Issuer of licences 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 ) ' Police Officer means an officer of the Durham Regional Police Force. 2. For the purpose of this by-law, "Transient Trader" 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. By-law 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 credited to the person paying it, or to any bonafide purchaser of the business 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. l_ Mayor -4'o• Clerk