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Home My WebLink AboutCD-7-93 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE & ADMINISTRATION COMMITTEE rile t Efate: JUNE 7, 1993 Res. #22t__1_ . CD-7-93 By-Law Report�#: rile#: Subject: AMENDMENT TO BY-LAW NO. 78-50 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-7-93 be received; 2. THAT the by-law attached to Report CD-7-93 which amends By-law 78-50, be forwarded to Council for passage; and 3 . THAT Mike McQuaid, Bernard Kamin and Sam Cureatz be advised of Council's decision and forwarded a copy of Report CD-7-93 together with a copy of the enacted by-law. BACKGROUND AND COMMENT On April 29, 1991, Council passed By-law 91-55, to amend By-law 78-50, which regulates the holding of certain public entertainment festivals and parades within the Town of Newcastle. At the same meeting Council passed By-law 91-56, being a by-law to regulate and licence certain exhibitions held for hire or gain in the municipality. Unfortunately, in the printing of By-law 91-55, a typographical error occurred. (See letter dated May 10, 1993 from Dennis Hefferon, attached hereto as Schedule "A" ) Continued . . . . ./2 PaoEA AEA°«E rris us camrr ov aECC�o aaaEa Report CD-7-93 - 2 - June 7, 1993 In order to correct the typographical error, it is respectfully requested that the by-law attached hereto as Schedule "B" be passed by Council. Respectfully submitted Recommended for presentation �- to Council Pat L. Ba ie, A.M.C.T. Lawrence E. Kotseff, M.C.I.P. wn CLer Chief Administ,atiye Officer PLB/ms Attachments Persons to be advised of Council's decision: Michael J. McQuaid, Q.C. Bernard J. Kamin Weir & Foulds Barrister & Solicitor Suite 1600, Exchange Tower 89 Scollard St. , Ste. 300 Box 480, 2 First Canadian Place Toronto, Ontario Toronto, Ontario M5R 1G4 M5X 1J5 Harvey Hudas Sam Cureatz Mosport Park Limited 21 King Street East 825 Dennison Street, Unit 16 Newcastle, Ontario Markham, Ontario L1B 1H3 L3R 5E4 ,' 2 SCHEDULE "A" Shib►ley Righton Batriswrs & solicitors RICHARD 73_SHIBLEY.Q.C. RUPERT F.RIGHJ DN,Q.C. HAROLD H.ELLFOTT,O.0 DENNIS C.HEFFERoN DENNIS C_REFFERON DONALD K.ROBINSON,Q.C. RICHARD E.ANKA.Q.C. RECEPTION,(416)363-MI BARRY S.VMRTZMAN,O.C. LESL113 S.MASON DEZ WINDISCHMANN L•'krEMION 461 JOHN P.BULL MICNAM FI ZPATUICK,Q.C. OBPJKOC3 WItN TER PE H.SMITH V.ROSS MORRISON LINDA S.BOHNEN ALAN L,BROMST'E[N JOHN C.SPEARN MICHAFL C.RIRLEY FAX:(416)363.5334 PETER C.WILL LAMS PAUL E.MCINNIS PETER G.NEIISON WWORD L C 1E JONATRAN H.F[.ANDFRS CHART,RS SP.44r0 'MOMAS A.SrEFANIK BARBARA R.C.DOHERTY WILLIAM L NORIMCOTE JAMES ROSSITER HFLDFR M.TRAVASSOS PETER V.RAYTP_K J,JAY RUDOLPH CYNTHIA L GUNN MARTIN J.HENDERSON BOX 32.401 R&Y STREFr NICHOLAS T,MACON WARREN S,RAPOPORT RICHARD R COLDS TORONTO,CANADA MARTIN PETERS ALGKANDER P_TORCOV CHARLES M_CA.STI13 MS[3 2Z1 PHIIJP P.HEALEY SHEBA M.MacKINNON CHARLES O.T.W1131311 J.PA It HOWARD WADE D.JAMINSON LEONARD D.RODNLSS RAE DAWL LINDA L OODEL JANIS I INGRAM .HRISTINE M_SILUCRS[DE5 SALVATORE G.F.FRISINA THOMAS MCRAE. JAMES W.RUSSIX KAREN I.McMASTER CRAIG A.LEWIS SUITF 18t)0 JUI_IF A_MACIURA JENNIFER L MIRY SIMPSON TOWER MICHAEL GORDON(1964.1941) COUNSEL MARTIN L O'BRIEN.QC, BARRY D.LIPSON,Q.C. May 10, 1993 File No. 9000036 BY FAX Mrs. Patti Barrie Town Clerk Town of Newcastle 40 Temperance Street Bowmanville, Ontario MC 3A6 Dear Mrs. Barrie_ Re: By-law No. 78-50 as amended among others by By-law No. 91-55 At its meeting on April 29, 1991, Council passed By-law No. 91-55 to amend By-law No.78-50 which regulates the holding of certain public entertainments,festivals and parades within the Town of Newcastle. At the same meeting, Council passed By-law No. 91-56 which is a by-law to regulate and license certain exhibitions held for hire or gain in the municipality. The exhibitions to which the latter by-law applies comprise certain concerts, musical exhibitions, folk-festivals or other gatherings at which entertainment is provided to the persons who attend. a fee for admission is paid by the persons who attend, and the persons who attend are accommodated outdoors or on seats that are not located within a building. The intent of Council in enacting By-law Nos. 91-55 and 91-56 was to require a permit to be issued only under By-law No. 91-56 in respect of musical exhibitions, folk- festivals or Other gatherings in circumstances in which By-law No. 91-56 applied. This 3 Shibley Righton -2- intention was proposed to be expressed in a new section 7 to he added to By-law Nos. 78-50 by paragraph 1(d) of By-law No. 91-55. Paragraph 1(d) of By-law No. 91-55 provides: "7. This by-law does not apply to a public entertainment, parade or festival to which By-law No. 91-55 applies and for which a licence for an "exhibition held for hire or gain"within the meaning of By-law No. 91-55 has been issued, so long as such licence is not revoked pursuant to By-law No. 91-55." Unfortunately, in the printing of By-law No. 91-55 a typographical error occurred. The internal references in the new section 7 should have been to By-law No. 91-56. Erroneously, the new section 7 of By-law No. 78-50 in fact added by paragraph 1(d) of By- law No. 91-55 refers to "By-law No. 91-55". This is a typographical error which should be corrected by a further amendment to By-law No. 78-50. 1 enclose herewith a draft amend-ment to Fay-law No. 78-50 to correct this typographical Error. Yours very truly, SHIBLEY RIGHTON @I.A� DH/bg Dennis Hefferon Encl. cc: Mr. L.. Kotseff SCHEDULE "B" THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93- being a by-law to amend by-law 78-50, as amended, to correct a typographical error WHEREAS the Council of the Corporation of the Town of Newcastle deems to advisable to further amend By-law No.. 78-50, as amended. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: 1. THAT By-law 78-50, as amended by By-law No. 86-108, By-law No. 90-114 and By-law No. 91-55, is further amended by deleting from section 7 of By-law No. 78-50, as amended, references to "By-law 91-55" and replacing them with references to "By-law No. 91-56 . " 2 . THAT this By-law shall come into full force and effect immediately on the final passing of it. By-law read a first and second time this day of 1993 By-law read a third time and finallY passed this day of 1993 MAYOR CLERK SENT BY:Shibli�y Righion P*74ARD k.SHIBLEY.Q.0 DENNIS C.I IEFT'ERON LIARRY S.WORTZMAIN,O.C. JOHN P.BLLf_ PETER H.SMITH Al 3N L.IIROMSMEIN P=C.V�ILTAAMS rr CL4ORD 1.COLE 1}OMA&A =ANIK JAMES ROSSITER ' 1AV RUDOLPH NICHOLAS T.MAC-CA AARTIN PETERS ?1-?I 31 P.HALEY 1 PAUL R.HOWARD i^.NDAa E.DAWE (_PRIST11K2 M.SILVERSIDE-S, _%1 A;F,S W.RIISSIN :Iti_F.A.MACRJRA 5-10-93 : 12:50 ; 4163635330 S%ibk'N T Righton $arristrs & Svlicitore RUPERT F.RIGPIVON.V.C. DONALD K.ROBINSON,QC. LESLIE S..MASON MIC"HAW,F 12,PATUICK,O.C. V.ROSS MORRISON JOHN C.SPFARN ?.AUL.E.M[INNIS JONATHAN 1-1_FT-A 4T)MS 11ARBARA R.C.DGHERTY RFIDF.R tif.TRAV'ASSOS CYNT[IIA J.GUNN WARREN S.R4PON3RT ALEXIkNDER P.TORGOV SHEILA M.MacKINNON WADE 0.JAM IE,SON LINDA I.;7ODEL SALVATORE 6.l' LKISINA KAP2_N I.McMASCER JENNIFER L P62RY M[Cf LAEL CORDON(1069-199I) IIAROLD K ELLfOTT,C.Z RICHARD E.ANKA Q.C. DEZ VVINDISCHMANN (WOROLE LVRN LINDA S.ROHNLN MICHAEL C.BIRLEY PETER G.NEILSON CHART-R;SIM- CO WILLIAM L.NORTIICOTC• PFTHR V.RAYTF.K MARTIN 1.rfENDERSON RICHARD R.COT FS CILARLES M.GASTI.F Cf1ARLLS G_T.1LT:LIL LEONARD D.RODNL•SS JANIS E.INGRAM Ti IOMAS M.RAE CRAIG A.I_FWIS COUNSEL MARTIN L.O'ERIEN,Q.C. BARRY D.LIPSON.Q.C. May 10, 1999 File No, 9000€136 BY FAX Mrs, Patti Barrie l own Clerk Town of Newcastle 40 'Teinperance Street Rowmanville, Ontario L1C 3A6 Dear Mrs. Barrie. lie: By-law No. 78-50 as amended among others by By-law No. 91-55 416 623 5717:- 2/ 4 SCHEDULE "A" DENNIS C.HEFFERON RECEPTION:1316)363-93451 EX-rENSION 46) rA3C(416)3(0,523P BOX 32.40?SAY STR= TORON'T'O,CANADA MS13 2Z1 SUITE.1Sa3 THE SPMPSON TOWER At its meeting on April 29, 1991, Council passed fay-law Nu. 91-55 to No. 75-50 which regulates the holding of certain public entertainments, festivais << within the Yawn of Newcastle. At the same meeting, Council passed By-law ��-56 which is a by-law to regulate and license certai-n exhibitions held for hire or gain in the municipality. The exhibitions to which the latter by-lain applies comprise certain concerts, musical exhibidons, folk-festivals or other gatherings; at which, entertainment is provided to the persons who attend, a fee for admission is paid by the persons who attend, and the persons who attend are accommodated outdoors or on seats that are not located within - building. The intent of Council in enacting By-law Nos. 91-55 and 91-56 was to require a permit to be issued only under By-law No, 91-511, in respect of musical exhibitions, folk- festivals or ether gatherings in circumstances in which By=1t_w -N, 'o. 91-56 applied. -P' 603 SENT BY:Shibiey Righion : 3-10-93 : 12:51 4163635339— 416 623 5717:# 3/ 4 intention was proposed to be expressed in a new section 7 to be added to By-law Nos. 78-50 by paragraph 1(d) of By-law No. 91-55. Paragraph I(d) of By-law No. 91-55 provides: "7. This by-law does not apply to a public entertainment, parade or festival to which By-law No. 91-55 applies and for which a licence for an "exhibition held for hire or gain"within the meaning of By-law No. 91-55 has been issued, so long as such licence is not revoked piirsvant to By-law No. 91-55." Unfortunately, in the printing of By-law No. 91-55 a typographical error occurred. The internal references in the new section 7 should have been to By-law No. 91-56. Erroneously, the new section 7 of By-law No . 78-50 in fact added by paragraph I(d) of BV- iaw No. 91-55 refers to "By-law No. 91-55". This is a typographical error which sbo,,.ild be corrected by is further am- endment to By-law, No. 78-50. 1 enclose herewith amendmeT--t to By-law No. 118-50 to correct This typographical ErrOT. Yours very truly, SHIBLEY RIGHTON DH/bg Dennis Hefferono" Encl. cc: Mr. L. Kotseff