Retail Business Holidays

WHEREAS Section 4 of the Retail Business Holidays Act, R.S.O. 1990, Chapter R.30, as amended by an Act to amend the Retail Business Holidays Act and the Employment Standards, Act. S. O. 1991, Chapter 43 authorizes the council of a municipality to pass by-laws to permit retail business establishments to be open on certain holidays for the maintenance or development of tourism;

AND WHEREAS  The Town of Prescott has met the criteria as set out in Section  4 (6)  of the Retail Business Holidays Act.

AND WHEREAS  the Council of the Corporation of the Town of Prescott received an application from the Business Improvement Area and the Prescott Chamber of Commerce including all retail establishments with 2400 square feet of area or more, or four or more employees serving the public, to permit retail business establishments to open on Sundays and holidays;

AND WHEREAS  the Town of Prescott has many historical, cultural, educational, natural and outdoor recreational attractions,

AND WHEREAS  Prescott Town Council deems it expedient to pass a by-law pursuant to the Retail Business Holidays Act to permit greater flexibility to retail business establishments to open on holidays within the Town limits, provided they meet the criteria set out in Ontario Regulation 711/91,

NOW THEREFORE  the Council of the Corporation of the Town of Prescott enacts as follows:

1. Definitions:

a) “Holiday “  means

i) New Year’s Day
ii) Good Friday
iii) Easter Sunday
iv) Victoria Day
v) Canada Day
vi) Labour Day
vii) Thanksgiving Day
viii) Christmas Day
ix) Any other public holiday declared by proclamation of the Lieutenant Governor to be a holiday for the purpose of this by-law.

b) “Owner” means any person, persons or corporation who owns or     
     manages a retail business establishment.

c) “Retail Business “  means the selling or offering for sale of goods or    
     services by retail.

d) “Retail Business Establishment” means the premises where a retail business is carried on.

e)   “Year” means a calendar year commencing January 1 and ending
      December 31.

2. The owner of a retail business establishment within the limits of the Town of Prescott may open the establishment for retail business during the following holidays and hours specified:

a) all Sundays of each year except New Year’s Day, Easter Sunday, or Christmas Day, from the hours of 9:00 a.m. to 5:00 p.m.

b) Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day of each year from the hour of 9:00 a.m. to 5:00 p.m.

3. By-Law 9-92 is repealed upon this by-law taking full effect.

4. This by-law shall come into force and take effect on the day of its final passage subject to an appeal to the Ontario Municipal Board within thirty days of final passage.

READ A FIRST AND SECOND TIME THIS 26TH DAY OF APRIL, 2004

READ A THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF MAY, 2004