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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: SEPTEMBER 7, 1993 Res. "-A
By-Law
Report#: CD-151-93 File#:
Subject: REQUEST FROM THE KINSMEN CLUB FOR A LICENCE TO HOLD
AN EXHIBITION FOR HIRE OR GAIN ( 1993 FINALS OF THE
ONTARIO RODEO)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-15-93 be received;
2 . THAT the Kinsmen Club be exempted from the provisions of
By-law 91-95, as amended, for the 1993 Finals of the Ontario
Rodeo Association Inc . scheduled to be held on October 1, 2
and 3, 1993, with the exception of the requirement for an
inspection and approval of the Fire Department and the
Regional Health Department;
3 . THAT the Kinsmen Club be exempted from the provision of
Section 4 . k) of By-law 91-56, provided they submit a
certified copy of a comprehensive general liability policy
of insurance providing for limits of protection of at least
$6,000,000 in respect of the rodeo, which names the
municipality as an insured party;
4 . THAT, although the 30 day requirement as detailed in
Section 2 (a) of By-law 91-56 cannot be met, the Clerk be
authorized to issue a licence for an exhibition held for
hire or gain to the Kinsmen Club, provided they comply with
all other requirements of the municipality; and
5 . THAT Jeff Davis be advised of Council's decision.
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BACKGROUND AND COMMENT
On July 21, 1993, a letter was received from Jeff Davis, Kinsmen
Club of Bowmanville, indicating that the Kinsmen are planning to
hold the 1993 Finals of the Ontario Rodeo Association Inc. in
Clarington on October 1, 2 and 3, 1993 . The rodeo is to be held
on a farm located in Lot 30, Broken Front Concession, former
Township of Darlington. It is anticipated that the event could
attract in excess of 15,000 participants over the course of the
three days.
6 I Z_
EContinued . . . . ./2
111'•5 i5 PR,tfICD IXJ IIEGYCLLD PAPS R
Report CD-15-93 - 2 - September 7, 1993
During discussions with staff and review of various by-laws,
several issues have arisen which require Council's direction.
By-law 91-95, As Amended (Licencing Refreshment Vehicles
By-law 91-95, as amended, requires that each refreshment vehicle
in the municipality must be located a minimum of 60 metres from
another eating establishment and the property must be properly
zoned. Mr. Davis has indicated that several refreshment vehicles
will be located at the site. The property is zoned Agricultural,
Industrial (Holding) , which does not permit an eating
establishment. Also, the layout of the area will not allow for
the 60 metre requirement to be met. It is recommended that, for
this event, the Kinsmen Club be exempted from the provisions of
By-law 91-95, as amended, with the exception of the requirement
for an inspection and approval of the Fire Department and the
Regional Health Department.
By-law 91-56 (Exhibitions Held for Hire or Gain)
Section 4. k) of By-law 91-56 requires the applicant for a
licence to submit a certified copy of a comprehensive general
liability policy of insurance providing for limits of protection
of at least $10,000,000 in respect of the exhibition held for
hire or gain, which names the municipality as an insured party
and which provides a coverage period at least equal to the period
of the exhibition plus one day before the commencement and one
day after the conclusion of the exhibition held for hire or gain.
The Association of Kin Clubs of Canada provides $5,000,000
liability coverage for all Kinsmen events and the Ontario Rodeo
Association Inc. provides a further $1,000,000 coverage. The
requirement of the additional $4,000,000 requested by the
muncipality could make this project cost prohibitive, therefore,
the Kinsmen Club is requesting an exemption from this section of
By-law 91-56 . It is recommended that an exemption be granted for
this event.
Also, By-law 91-56 requires that the licence must be issued by
the Clerk at least 30 days prior to the proposed date of
commencement of the exhibition held for hire or gain. Because
the request was received during the summer recess of Council and
Council's direction was necessary regarding the insurance issue,
it is not possible to meet the 30 day requirement. It is,
therefore, recommended that Council authorize the Clerk to issue
the licence, although the 30 day requirement as detailed in
Section 2 (a) of By-law 91-56 cannot be met, provided the Kinsmen
Club complies with all other requirements of the municipality.
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Continued . . . . . /3
Report CD-15-93 - 3 - September 7, 1993
By-law 84-63 (Zoning
At the time Mr. Davis submitted his request, there was some
question as to whether the zoning of the property would allow for
a rodeo to take place on the site. This matter has since been
addressed by staff and the Kinsmen Club has been advised that the
rodeo does, in fact, comply with the by-law.
Respectfully submitted Recommended for Presentation
to Committee
atti Bar ie, A.M.C.T. Lawrence E. Kots , M.C. I.P.
T Cl r" Chief Administr t'!re Officer
PLB/ms
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