1 open house new business licensing by-law may 7, 2009
TRANSCRIPT
1
Open HouseNew Business Licensing By-LawMay 7, 2009
2
Background Information
Open HouseNew Business Licensing By-Law
2
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. RestaurantsConsumer protection → e.g. Vehicle Service Est.Nuisance → e.g. Refrigerated bicycle cart
3
Status of the current Business Licensing By-law
Open HouseNew 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 nototherwise 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 HouseNew Business Licensing By-Law
4
Staff team comprised of members of the following service areas:
Building By-lawCourt Fire Information/ClerksLegalZoning
Representatives from the following were also invited to participate:
Guelph Police ServicesWellington-Dufferin-Guelph Public health
5
Process-Staff team review
Open HouseNew Business Licensing By-Law
5
The working team met several times and reviewed the following:
Categories DefinitionsApplication processHearing processMain bylaw conditions Conditions to specific categoriesInspection process for:
applications, renewals and enforcement
6
Process-Open House Communications
Open HouseNew 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 CommerceDowntown Guelph Business AssociationGuelph Wellington Business Enterprise Centre
Contact information included in all communication: email & phone number
7
Categories proposed to be licensed
Open HouseNew 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 (Cont’d)
Open HouseNew 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 HouseNew 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 (cont’d)
Open HouseNew 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 HouseNew Business Licensing By-Law
11
A. A municipality’s ability to provide consumer protection through licensing is limitede.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 HouseNew 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 licence3. provide a floor plan (for all location licences)4. inspections to be completed within 90 days5. three inspections are included. 6. new application fee required if more than 3 inspections occur 7. 30 day extension is available if works begun8. fee required
13
Proposed new application process( cont’d)
Open HouseNew Business Licensing By-Law
13
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
14
Proposed new application process( cont’d)
Open HouseNew Business Licensing By-Law
14
The Renewal process:
1. Inspections to be completed by expiry date2. 2 inspections are included, new inspections/fees required if 3+3. current insurance & membership in association required4. new inspection application and business licence application is required
If renewal not received by expiry date5. 30 day extension is available if works begun6. A payment fee for licence renewal is required
15
Why Propose a new application process?
Open HouseNew 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 HouseNew Business Licensing By-Law
16
*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
17
Highlights of proposed by-law changes – application process
Open HouseNew 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 HouseNew 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 HouseNew 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 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
20
Highlights of proposed changes to specific categories
Open HouseNew 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 HouseNew Business Licensing By-Law
21
New Application
I: Inspection process = inspection costs + vehicle costsII: Application process = administration+ enforcement + vehicle costs
= fee required to obtain a business licence
Administration = processing costs
Enforcement+ vehicle = visits throughout the year
RenewalRenewal =inspection+ administration+ enforcement +vehicle costs
22
How is the fee calculated?
Open HouseNew Business Licensing By-Law
22
Staff TimeThe compensation rate per hour multiplied by the average time for inspection
VehicleHourly 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 HouseNew 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 HouseNew Business Licensing By-Law
24
Please provide your thoughts on the comment sheet or email your comments by May 14, 2009 to [email protected] or [email protected]
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 paperPhysical conditions to be met by January 2, 2010