Open House

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

• Background Information

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
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Open House New Business Licensing By-Law

• Status of the current 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

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Open House New Business Licensing By-Law

• Process-Staff team review

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
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Open House New Business Licensing By-Law

• Process-Staff team review

• 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

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Open House New Business Licensing By-Law

• Process-Open House Communications

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
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Open House New Business Licensing By-Law

• Categories proposed to be licensed

• 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
• gt Chip Wagons
• gt Mobile Preparation Vehicle
• gt Refreshment Vehicle

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Open House New Business Licensing By-Law

• Categories proposed to be licensed (Contd)

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)
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Open House New Business Licensing By-Law

• Categories proposed to no longer be licensed

Auctioneer Billiards Establishment Bowling
Alley Door-to-Door Sales Business Driving
Instructor/Driving School Flea Market outdoor
only Food Vehicle gt Mobile Barbeque Facility gt
Refrigerated Bicycle Carts
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Open House New Business Licensing By-Law

• Categories proposed to no longer be licensed
  (contd)

Laundromat/Dry Cleaner Pet Shop Physical
Fitness Centre Plumbing Contractor/Backflow
Device Tester/Drain Contractor Retail
Business Temporary Sale Tobacco Vehicle
Service Establishment
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Open House New Business Licensing By-Law

• Why are these categories proposed to be deleted?

• A municipalitys 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

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Open House New Business Licensing By-Law

• Proposed New Application Process

• 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

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Open House New Business Licensing By-Law

• Proposed new application process( contd)

Step 2 the Application Process 1.
Application - once your inspections have passed.
(To be received by the Clerks Office within
90 days of completing your inspection or a both
fees are required) 2. Submit all your paperwork
3. Fee payment
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Open House New Business Licensing By-Law

• Proposed new application process( contd)

• 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

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Open House New Business Licensing By-Law

• Why Propose a new application process?

• 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

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Open House New Business Licensing By-Law

• Highlights of proposed by-law changes- general

• Changes to be reported to the Clerks 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/susp
  end/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

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Open House New Business Licensing By-Law

• Highlights of proposed by-law changes
  application process

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
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Open House New Business Licensing By-Law

• Highlights of proposed by-law changes appeal
  process

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
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Open House New Business Licensing By-Law

• Highlights of proposed changes to specific
  categories

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
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Open House New Business Licensing By-Law

• Highlights of proposed changes to specific
  categories

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
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Open House New Business Licensing By-Law

• Proposed New Fee Structure

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
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Open House New Business Licensing By-Law

• How is the fee calculated?

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
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Open House New Business Licensing By-Law

• Options for proposed new fee structure

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.
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Open House New Business Licensing By-Law

• The City of Guelph would like your input

Please provide your thoughts on the comment sheet
or email your comments by May 14, 2009 to
tina.agnello_at_guelph.ca or jennifer.jacobi_at_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
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