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Open House New Business Licensing By-Law May 7, 2009

Open House New Business Licensing By-Law May 7, 2009. Open House New Business Licensing By-Law. History ►On October 4, 2004 current business licensing by-law (2004) -17551 was approved. The only purposes for licensing permitted by the Municipal Act were :

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Open House New Business Licensing By-Law May 7, 2009

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  1. Open House New Business Licensing By-Law May 7, 2009

  2. Open House New Business Licensing By-Law • History • ►On October 4, 2004 current business licensing by-law (2004) -17551 was approved. • The only purposes for licensing permitted by the Municipal Act were : • Health and safety → e.g. Restaurants • Consumer protection → e.g. Vehicle Service Est. • Nuisance → e.g. Refrigerated bicycle cart Background Information 2

  3. Open House New Business Licensing By-Law • Under our current by-law the purposes for licensing are as follows: • Health • Safety • Wellbeing • …where there is a municipal interest* that is not • otherwise provincially or federally legislated. • Examples of what constitutes municipal interest is as follows: • • Food handling/preparation/sales • • Procedures involving bodily contact • • Large assemblies of people (100+) • • People overnight sleeping • • Required or allowed by legislation Status of the current Business Licensing By-law 3

  4. Open House New Business Licensing By-Law Staff team comprised of members of the following service areas: Building By-law Court Fire Information/Clerks Legal Zoning Representatives from the following were also invited to participate: Guelph Police Services Wellington-Dufferin-Guelph Public health Process-Staff team review 4

  5. Open House New Business Licensing By-Law • The working team met several times and reviewed the following: • Categories • Definitions • Application process • Hearing process • Main bylaw conditions • Conditions to specific categories • Inspection process for: • applications, renewals and enforcement Process-Staff team review 5

  6. Open House New Business Licensing By-Law 1,742 Invitations sent to licensees on April 24 City Webpage posted with information on April 24 Ad appeared in Guelph Tribune on April 27 and May 1 Information forwarded to: Guelph Chamber of Commerce Downtown Guelph Business Association Guelph Wellington Business Enterprise Centre Contact information included in all communication: email & phone number Process-Open House Communications 6

  7. Open House New Business Licensing By-Law • Adult Entertainment Establishment • • Adult Entertainment Retail (included in Adult Entertainment Establishment) • • Amusement Establishment • • Bed and Breakfast • • Catering Company • • Flea Market – indoor only (included in Public Hall) • • Food Shop (included in Food Premise) • • Food Premise (to include Food Shop and Restaurant) • • Food Vehicle • > Chip Wagons • > Mobile Preparation Vehicle • > Refreshment Vehicle Categories proposed to be licensed 7

  8. Open House New Business Licensing By-Law • Hair Salon (included in Personal Service) • Holistic Services (including operators and practitioners) • Hotel Establishments • Pawnbroker • Personal Service Establishment (includes Hair Salon) • Private Parking Agent • Public Hall (includes Flea Market – indoor only and Theatre, 100+ • Restaurant (included in Food Premise) • Street Vendor – City tendered • Theatre (included in Public Hall) Categories proposed to be licensed (Cont’d) 8

  9. Open House New Business Licensing By-Law • • Auctioneer • • Billiards Establishment • • Bowling Alley • • Door-to-Door Sales Business • • Driving Instructor/Driving School • • Flea Market – outdoor only • • Food Vehicle • > Mobile Barbeque Facility • > Refrigerated Bicycle Carts Categories proposed to no longer be licensed 9

  10. Open House New Business Licensing By-Law • Laundromat/Dry Cleaner • Pet Shop • Physical Fitness Centre • Plumbing Contractor/Backflow Device Tester/Drain Contractor • Retail Business • Temporary Sale • Tobacco • Vehicle Service Establishment Categories proposed to no longer be licensed (cont’d) 10

  11. Open House New Business Licensing By-Law • A municipality’s ability to provide consumer protection through licensing is limited • e.g. Retail • The Trades (e.g. plumbing contractors & drain contractors) • Vehicle Service Establishment • B. Some are now superseded by provincial or federal legislation • e.g. Tobacco sales Why are these categories proposed to be deleted? 11

  12. Open House New Business Licensing By-Law • The proposed NEW application process for a business licence will be a two-step process: • Step 1 – the Inspection Process • 1. complete an application for inspection(s) • 2. inspections to be complete before application for business licence • 3. provide a floor plan (for all location licences) • inspections to be completed within 90 days • three inspections are included. • new application fee required if more than 3 inspections occur • 30 day extension is available if works begun • fee required Proposed New Application Process 12

  13. Open House New Business Licensing By-Law • Step 2 – the Application Process • 1. Application - once your inspections have passed. • (To be received by the Clerk’s Office within 90 days of • completing your inspection; or a both fees are required) • 2. Submit all your paperwork • 3. Fee payment Proposed new application process( cont’d) 13

  14. Open House New Business Licensing By-Law The Renewal process: Inspections to be completed by expiry date 2 inspections are included, new inspections/fees required if 3+ current insurance & membership in association required new inspection application and business licence application is required If renewal not received by expiry date 30 day extension is available if works begun A payment fee for licence renewal is required Proposed new application process( cont’d) 14

  15. Open House New Business Licensing By-Law • Businesses were applying for a licence and not completing inspections • Deficiencies were not being rectified • Businesses were operating before receiving licence • New system assists with businesses receiving and passing all required inspections before operating and receiving a business licence Why Propose a new application process? 15

  16. Open House New Business Licensing By-Law • *Changes to be reported to the Clerk’s office within 15 days • * Main entrance unlocked during hours of operation (except dwellings) • *No Exemption for Charities and non profit organizations • *New ground for refusal to issue/renew/revoke/suspend/cancel a licence if there is a prohibition order or other federal or provincial order ceasing that activity • *Refund of fee on refusal to issue or renew a licence which is not appealed to be the enforcement portion of the fee • *New licence required if application for renewal of licence has not been made by the day following the date of the licence expiry, therefore, • no March 31 renewal date • no interest calculation Highlights of proposed by-law changes- general 16

  17. Open House New Business Licensing By-Law *All businesses to carry minimum $2 million insurance *Proof of interest in lands or premises to be provided *Floor plans to scale to be provided (for location businesses) *Hours of operation to be included in application and posted on exterior of business (except dwellings) *Corporations & partnership information to be provided Highlights of proposed by-law changes – application process 17

  18. Open House New Business Licensing By-Law *Composition of hearings committee to include some or all citizens *Hearings committee decision to be final and binding *Processing fee in amount of $50 to be required as part of appeal *Time limits to be clarified *Secretary of the hearings committee may refuse appeals which are late Highlights of proposed by-law changes– appeal process 18

  19. Open House New Business Licensing By-Law • Amusement • -Defined as Indoor facilities only • -Arcades, internet gaming & internet cafes not included • Holistic • -Psychological therapies not included • -Façade to be unobstructed from exterior • -Professional liability insurance & membership in good standing to professional association to be provided upon renewal for practitioners • Public Hall • -Applies to indoor premises with capacity of 100+ • -If operating as a flea market, conditions of current category apply • -Sidewalk & highway to be unobstructed & attendant to be present • -No exit or corridor to be blocked or obstructed Highlights of proposed changes to specific categories 19

  20. Open House New Business Licensing By-Law Personal Service -Services and fees to be posted -Only area designated to be used for services -Where a personal service & holistic service are one business , both licences are required and the license fee shall be the greater of the two -Linens to be laundered after each use -Contact surface to be clean -First aid kit to be provided -Toilet and washroom to be provided -Hand washing basin with hot water and drying materials to be provided Highlights of proposed changes to specific categories 20

  21. Open House New Business Licensing By-Law • New Application • I: Inspection process = inspection costs + vehicle costs • II: Application process = administration+ enforcement + vehicle costs • = fee required to obtain a business licence • Administration = processing costs • Enforcement+ vehicle = visits throughout the year • Renewal • Renewal=inspection+ administration+ enforcement +vehicle costs Proposed New Fee Structure 21

  22. Open House New Business Licensing By-Law Staff Time The compensation rate per hour multiplied by the average time for inspection Vehicle Hourly rate Inspection authorities are Building, By-law Fire, Health, and Zoning Application fee includes hourly Clerks Office staff compensation to process the applications, and ongoing enforcement fee over the year based on one or 2 visits How is the fee calculated? 22

  23. Open House New Business Licensing By-Law • A (i) Cost recovery (based on staffing + vehicle costs) including annual indexing • (ii) Cost recovery, no annual indexing • B (i) Cost recovery not including enforcement with annual indexing • (ii) Cost recovery not including enforcement, no annual indexing • C (i) 2 year phase in for A. (i) Cost recovery/annual indexing (ii) Cost recovery, no annual indexing • (ii) 2 year phase in for A (ii) Cost recovery/no annual indexing • (iii) 2 year phase in for B (i) Cost recovery/no enforcement & annual indexing • (iv) 2 to 4 year phase in for B (ii) Cost recovery no enforcement/ no indexing • Indexing = year over year increase based on the consumer price • index before your renewal notice has been issued. Options for proposed new fee structure 23

  24. Open House New Business Licensing By-Law • Please provide your thoughts on the comment sheet or email your comments by May 14, 2009 to tina.agnello@guelph.ca or jennifer.jacobi@guelph.ca • Next steps • June 9, 2009 - Recommendations to be brought forward to Finance Administration Community Services Committee • June 22, 2009 - tentatively planned to go to Council for approval. • September , 2009- By-law to be effective, once passed, ad will be placed in paper • Physical conditions to be met by January 2, 2010 The City of Guelph would like your input 24

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