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

2 Background Information Open House New Business Licensing By-Law 2 History On October 4, 2004 current business licensing by-law (2004) 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

3 Status of the current Business Licensing By-law Open House New Business Licensing By-Law 3 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

4 Process-Staff team review Open House New Business Licensing By-Law 4 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

5 Process-Staff team review Open House New Business Licensing By-Law 5 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

6 Process-Open House Communications Open House New Business Licensing By-Law 6 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: & phone number

7 Categories proposed to be licensed Open House New Business Licensing By-Law 7 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

8 Categories proposed to be licensed (Contd) Open House New Business Licensing By-Law 8 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)

9 Categories proposed to no longer be licensed Open House New Business Licensing By-Law 9 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

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

11 Why are these categories proposed to be deleted? Open House New Business Licensing By-Law 11 A.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

12 Proposed New Application Process Open House New Business Licensing By-Law 12 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) 4.inspections to be completed within 90 days 5.three inspections are included. 6.new application fee required if more than 3 inspections occur 7.30 day extension is available if works begun 8.fee required

13 Proposed new application process( contd) Open House New Business Licensing By-Law 13 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

14 Proposed new application process( contd) Open House New Business Licensing By-Law 14 The Renewal process: 1.Inspections to be completed by expiry date 2.2 inspections are included, new inspections/fees required if 3+ 3.current insurance & membership in association required 4.new inspection application and business licence application is required If renewal not received by expiry date 5.30 day extension is available if works begun 6. A payment fee for licence renewal is required

15 Why Propose a new application process? Open House New Business Licensing By-Law 15 -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

16 Highlights of proposed by-law changes- general Open House New Business Licensing By-Law 16 *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/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

17 Highlights of proposed by-law changes – application process Open House New Business Licensing By-Law 17 *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

18 Highlights of proposed by-law changes– appeal process Open House New Business Licensing By-Law 18 *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

19 Highlights of proposed changes to specific categories Open House New Business Licensing By-Law 19 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 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

20 Highlights of proposed changes to specific categories Open House New Business Licensing By-Law 20 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

21 Proposed New Fee Structure Open House New Business Licensing By-Law 21 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

22 How is the fee calculated? Open House New Business Licensing By-Law 22 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

23 Options for proposed new fee structure Open House New Business Licensing By-Law 23 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.

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