Amendments to By-law No. 20-85 - Sale of Tobacco Products
The Emergency and Protective Services Committee recommends that:
(a) section 3 of schedule 11 of By-law No. 20-85 be amended to read as follows:
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3. Every person to whom this Schedule relates shall at all times post and keep posted in a conspicuous place in the premises, in a manner satisfactory to the Metropolitan Licensing Commission, a sign or signs advising that federal legislation prohibits the sale of tobacco to any person under the age of eighteen years and that provincial legislation imposes restrictions on the sale of tobacco to persons under the age of nineteen years.@;
(b) section 2(13) of By-law No. 20-85 be amended to read as follows:
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2. There shall be taken out by:
(13) the keeper of every store or shop (other than a hotel as defined by the Municipal Act) where tobacco, cigars or cigarettes are offered for sale or sold by retail;
a licence from the Commission authorizing them respectively to carry on their several trades, callings, businesses, and occupations in the Metropolitan Area for which said licence the person obtaining the same shall pay to the Commission at the time of taking out such licence the fee fixed by this By-law, and no person shall, within the limits of the Metropolitan Area, carry on or engage in any of the said trades, callings, businesses or occupations, until he has procured such licence to do so.@
The Emergency and Protective Services Committee submits the following report (December 30, 1997) from the General Manager, Metropolitan Licensing Commission:
Recommendation
The attached reports from Amanda Ross, Metropolitan Licensing Commission's Prosecutions Officer, regarding By-law Amendment to Section 3 of Schedule 11 - Sale of Tobacco to persons Under Age, and By-law Amendment to Section 2, Subsection 13 - Change in Enforcement Policy were before the Metropolitan Licensing Commission's Business meeting on November 21, 1997. The Commission approved the reports and requested that they be forwarded to Council for implementation.
Conclusion:
Emergency and Protective Services Committee adopt the recommendation set out in this report.
Contact Name and Telephone Number:
Carol Ruddell-Foster, General Manager
Metropolitan Licensing Commission
416-392-3070
(Report dated November 6, 1997, addressed to the
Chair and Members, Metropolitan Licensing Commission, from
Ms. Amanda Ross, Prosecutions Officer, Metropolitan Licensing Commission,
headed "By-law Amendment to Section 3 of Schedule 11".)
Background
Section 3 of Schedule 11 requires keepers of stores where tobacco, cigars or cigarettes are sold by retail to post a sign advising that federal legislation prohibits the sale of tobacco to any person under the age of sixteen years and that provincial legislation prohibits the sale of tobacco to persons under the age of eighteen years.
Section 8 of the Tobacco Act, the federal legislation referred to in section 3 of Schedule 11, prohibits the sale of tobacco to persons under the age of eighteen years.
Section 3 of the Tobacco Control Act, the provincial legislation referred to in section 3 of Schedule 11, prohibits the sale of tobacco to persons under the age of nineteen years.
Recommendation
It is recommended that Section 3 of Schedule 11 be amended to reflect the relevant federal and provincial legislation, so that the section will read as follows:
3. Every person to whom this Schedule relates shall at all times post and keep posted in a conspicuous place in the premises, in a manner satisfactory to the Metropolitan Licensing Commission, a sign or signs advising that federal legislation prohibits the sale of tobacco to any person under the age of eighteen years and that provincial legislation imposes restrictions on the sale of tobacco to persons under the age of nineteen years.
(Report dated October 9, 1997, addressed to the
Chair and Members, Metropolitan Licensing Commission, from
Ms. Amanda Ross, Prosecutions Officer, Metropolitan Licensing Commission,
headed "By-law Amendment to Section 2, Subsection 13".)
Background
Section 2(13) of By-law 20-85 requires the keeper of every store or shop where tobacco, cigars or cigarettes are sold by retail, to be licensed.
On September 24, 1997, Her Worship J. Burgess dismissed a charge of Keeper of Store where Cigarettes are Sold - No Licence, on the basis that the Prosecution had not proved that cigarettes were indeed sold. The Prosecution's evidence consisted of a Licensing Enforcement Officer's testimony of having observed boxes of cigarettes on a counter with a sign adjacent to them indicating the prices. The Licensing Enforcement Officer did not observe any actual sales of cigarettes. It was on that basis that Her Worship dismissed the charge.
Recommendation
Instead of changing the enforcement policy and imposing a requirement on Licensing Enforcement Officers to purchase a package of cigarettes before laying a charge, it is recommended that the By-law be amended to include the words "offered for sale", so that section 2(13) will read as follows:
2. There shall be taken out by:
(13) the keeper of every store or shop (other than a hotel as defined by the Municipal Act) where tobacco, cigars or cigarettes are offered for sale or sold by retail;
a license from the Commission authorizing them respectively to carry on their several trades, callings, businesses, and occupations in the Metropolitan Area for which said licence the persons obtaining the same shall pay to the Commission at the time of taking out such licence the fee fixed by this By-law, and no person shall, within the limits of the Metropolitan Area, carry on or engage in any of the said trades, callings, businesses or occupations until he has procured such licence so to do.
