The Chairman and Members of Committee of the Whole

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1 TO: FROM: The Chairman and Members of Committee of the Whole Nancy Wright-Laking, City Clerk MEETING DATE: September 6, 2005 SUBJECT: Report FACLK05-008(A) Business Licensing PURPOSE A report to provide further information regarding police enforcement and health inspection of the various classes of Business Licenses and to recommend Licensing Fees. RECOMMENDATIONS That Council approve the recommendations outlined in report FACLK05-008(A) dated September 6, 2005, of the City Clerk, as follows: a) That Council adopt the amended classes of Business Licenses and Licensing Fees as attached as Appendix A to report FACLK05-008(A) dated September 6, 2005; b) That the licensing fees be phased in over a three-year period; c) That the Business Licensing by-law be amended to reflect these changes. BUDGET AND FINANCIAL IMPLICATIONS When the proposed increases and decreases to individual fees are considered, and assuming the same number of licenses are issued under the new schedule as have been issued in the past, there would be no significant budget impact.

2 Page 2 BACKGROUND On August 2, 2005, Report FACLK was forwarded to Committee of the Whole to recommend amended classes of Business Licensing and Licensing Fees to align City of Peterborough Licensing with changes to the Municipal Act. On January 1, 2003, the New Municipal Act 2001 was adopted by the Province of Ontario, providing a new legislative framework for business licensing in Ontario. To recap this section of the Municipal Act, legislative changes include: - Licensing of businesses for three reasons only: health and safety, nuisance control, and consumer protection - Justify the passing of a by-law for one of the three above-mentioned reasons - Licensing fees must be directly related to the administration and enforcement of the by-law - Licensing fees that can be charged by a municipality cannot exceed the proportionate costs of the administration and enforcement of the by-law. - Municipalities must post the detailed calculation of the fee for each license class. The Act requires municipalities to maintain a list, available for viewing, of: - the classes of business that are subject to licensing - the license fee to be charged - the administration and enforcement cost for each class of license - the formula used to calculate the license fees The table attached as Appendix A indicates the license category, the current fee and possible fee. As many of the licenses would see a substantial increase due to the actual costs for licensing, it is recommended that the amount charged be phased in over three years to the maximum charge. This will ensure that businesses are not unduly burdened due to this change in legislation. Some businesses will see a decrease in fees due to charging fees that reflect the actual costs to license. It is important to note that no business licenses have been issued at the City of Peterborough in The City does not currently have the authority to issue licenses, as the previous licensing by-law was deemed obsolete by the Municipal Act, as of January 1, Committee of the Whole at its meeting of August 2, 2005 referred Report FACLK back to staff to request information from the Peterborough-Lakefield Police Department regarding adult entertainment, pawnbrokers and massage parlours.

3 Page 3 Deputy Chief Jackman has advised that in respect to pawnbrokers and second hand shops they are currently monitoring the work of the Property Crime Working Group (PCWG), made up of numerous police agencies who are collaborating with the Attorney General Working Group (AGWG) to develop provincial legislation, which would include a mandatory automated reporting system of all transactions. The legislation would further authorize municipalities to enact their own by-laws to address these licensing fees and the implementation of an automated reporting system. The police would be responsible for enforcing either the provincial legislation or municipal by-law. It is anticipated that the draft legislation that has been developed by the AGWG will go before parliament in the fall session. If there is no significant movement on the provincial legislation by early 2006, the Peterborough-Lakefield Police Department may recommend the City move forward with its own municipal by-law, as other jurisdictions have already done. In regards to Adult Entertainment matters, Peterborough-Lakefield Police are interested in proceeding with a possible by-law that would contain registration/licensing of exotic dancers. Police Department staff are currently reviewing by-laws from other jurisdictions regarding adult entertainment, which possibly could include massage parlours. Once again the Police would be responsible for the enforcement of any such by-law. Deputy Jackman suggested scheduling discussions for such a by-law in early Committee of the Whole at its meeting of August 2, 2005 also requested information from the Peterborough County-City Health Unit (PCCHU) regarding inspection of butcher shops, restaurants and mobile canteens. Chris Eaton, Public Health Inspection, advised by letter on August 17, 2005, that businesses inspections include food premises and personal service including restaurants, take-outs, grocery stores, convenience stores, bakeries, mobile canteens, nursing homes and day care centres. Food premises are assessed for their "risk" and classified as either high, medium or low. This then determines their minimum frequency of inspection, which is three, two and one time(s) per year respectively. Personal service settings include hairdressers, barbers, tattoo parlours and other aesthetic services. Personal service settings are inspected once per year. When a business licence renewal is received by the Health Unit, the area inspector will either review the last inspection report, or, if an inspection is due, perform a new inspection of the premise. In either case, if there is non-compliance in the premise, the inspector will not approve the licence application/renewal until the non-compliance is corrected. If the premise is in compliance, the business licence application/renewal is approved and forwarded to the City Clerk s office. During August 2005, City Clerk s staff drafted fire and health inspection renewal reports for all restaurants, take-outs and mobile canteens. Staff is prepared to process such requests immediately upon approval of the business licensing by-law and applicable fees.

4 Page 4 In addition, Committee of the Whole at its meeting of August 2, 2005 also requested information regarding Temporary Traders Licenses. During 2004, twenty-three (23) applicants from outside the City of Peterborough applied for a temporary trader s license, while twenty-one (21) City residents applied within the same category. Although the recommended licensing fee of $40 annually may seem insufficient, it is consistent with Section 150, c. 25, subsection (9) of the Municipal Act; Licence fees - The total amount of fees to be charged for licensing a class of business shall not exceed the costs directly related to the administration and enforcement of the by-law or portion of the by-law of the municipality licensing that class of business. SUMMARY Residents of the City of Peterborough expect that the establishments that they frequent will be properly inspected for compliance of appropriate regulations; therefore, it is recommended that the business license classes and proposed fees be approved. As mentioned in Report FACLK05-008, Business Licensing fees must be reviewed annually to ensure consistency. Therefore, it is recommended that in early 2006 all fees and any new information regarding pawnbrokers, adult entertainment and massage parlours be reviewed at that time. All of which is respectfully submitted, Nancy Wright-Laking, B.A., CMO, CMMIII City Clerk Contact Name: Nancy Wright-Laking Phone Ext Fax nwright-laking@city.peterborough.on.ca

5 Page 5 Current and proposed business fee structure Appendix A Number Maximum of Current possible Proposed Proposed Proposed licenses license license license license license Ref License Category issued fee fee fee fee fee Adult Entertainment 1 $2,250 2 Arcade 1 $250 4 Auctioneer 2 $60 $40 $40 $40 $40 5 Bakeshop 17 $20 $63 $125 6 Barber Shop 14 $20 $63 $125 7 Billiards 1 $20 $33 $66 8 Bowling Alley 2 $50 $50 $66 9 Butcher Shop 7 $20 $63 $ Chimney Repair 0 $50 Not recommended $0 $0 Not recommended 11 Drain Layer Driving Instructor 11 $20 Not recommended $0 $0 Not recommended 13 Driving School 6 $20 Not recommended $0 $0 Not recommended 14 Dry Cleaner 2 $20 $33 $66 15 Hairdresser 60 $20 $63 $ Temporary Trader 5 $250 $40 $40 $40 $40 18 Laundry 2 $20 $33 $66 19 Lodging House 6 20 Master Plumber Merry go Round (per ride/per day) 6 $10 Not recommended $0 $0 Not recommended 22 Merry go Round (per ride/per week) 35 $15 Not recommended $0 $0 Not recommended 23 Merry go Round (additional week) 0 $10 Not recommended $0 $0 Not recommended 24 Mobile Canteen 11 $ Pawnbroker 0 $60 Not recommended $0 $0 Not recommended 26 Public Dance Hall 0 27 Public Garage 67 $20 $33 $66 28 Refreshment Booth 27 $40 $63 $ Restaurant 66 $80 $95 $ Roller Skating Rink 0 $50 $50 $66