Amherstburg to introduce third version of business licence bylaw

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Amherstburg is taking a third crack at a business licensing bylaw on Monday with a “less over-reaching” proposal after passing and then rescinding a 2023 bylaw then rejecting a second proposed bylaw in early last year. 

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The intent of the business licensing bylaw is to improve consumer safety and to recover costs associated with increased administration and inspections.

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Businesses in the town pushed back strongly at previous attempts at a business licensing bylaw arguing it duplicated processes and imposed an onerous cost and administrative processes on small businesses, including recurring annual fees. 

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But an administrative report council will consider Monday says the newest bylaw is less burdensome on businesses.

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“This bylaw is less over-reaching because bylaw enforcement is not conducting any inspection(s) unless there are reasonable grounds or evidence to suggest a by-law violation exists,” the report says. 

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“The licensing department will no longer be involved in co-ordinating any required fire or building inspections because that responsibility and task lies with those departments.” 

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Fire and health inspections and associated costs were among the major complaints from business owners who said they were already subject to those inspections.

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Businesses not previously registered with the town would pay a one-time licensing fee of $87. Taxi operators, taxi drivers, temporary vendor site operators, stationary refreshment vehicles and mobile refreshments vehicles would pay an annual renewal fee. 

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“This bylaw is designed to be less complex and more affordable based on it primarily. being a registry,” the report says. 

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“As part of the initial business licensing application, the applicant would identify whether or, not they have met all legislative requirements related to fire code, building code, health unit regulations or the requirements of any other governing agency.” 

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Sarah Brush, owner of Speck’s Restaurant in Amherstburg, was a vocal opponent of earlier versions of the licensing bylaw. But the newest version is more acceptable, she said.

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“I’m pleased to say that the town listened, she said Friday. “The updated bylaw is much more reasonable. It’s now a one-time application fee of $87 for brick and mortar businesses and it helps create a proper business registry for the town.

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“More importantly, it ensures that businesses are lined with the Windsor-Essex County Health Unit and fire codes requirements, which benefit both businesses, business owners, the community as a whole.”

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The first version of the bylaw was approved in December 2023, but met with stiff resistance from local business owners as they were notified of the fee schedule in early 2024. Some businesses faced an initial fee of up to $350 followed by $300 annual charges.