A’burg going back to businesses again for ideas on licensing fee

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The long and winding road that was the debate over a business licensing bylaw in Amherstburg Monday led back to the version that was established in 2009. 

Councillors rejected a new business bylaw that would charge a range of fees of a few hundred dollars – depending on the inspection requirements for businesses – choosing instead to revert to the 16-year-old bylaw. 

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But there was a catch — while that bylaw was in place until late 2023, when it was replaced by a new bylaw, which was later suspended – it wasn’t clear what, exactly, is in the 2009 bylaw since no one had a copy at the meeting. 

“I can’t vote on a 2009 by law if it’s not before me, and I don’t know what it entails, that would be absolutely ridiculous for me to support that tonight,” said Coun. Diane Pouget, who was the only councillor to oppose the motion. 

At issue was a move by administration to establish a bylaw governing local businesses that would require they pay an initial fee, then an annual recurring fee. 

The fees were intended as a cost-recovery approach to cover more frequent inspections required for a business licence, including fire safety. 

Such a bylaw was approved in December 2023, but met with stiff resistance from local business owners as they were notified of the fee schedule. At that time, the 2009 bylaw became defunct.

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Council suspended the bylaw in April, with the intention of consulting business and coming back with a new proposal. 

That proposal – a 75 page document outlining fees, types of businesses included and an explanation of enforcement powers – was rejected by councillors Monday, despite several saying some sort of bylaw was needed. 

Jen DeLuca of Waterfront Ice Cream & Frozen Yogurt, and Sarah Brush of Speck’s Restaurant, who both appeared as delegations opposing the bylaw, said in a joint statement after the meeting they were satisfied with the result. 

“We are thrilled that the new bylaw with its restrictive provisions was not accepted,” the pair said. “This feels like a win for our businesses.” 

Noting some apparent confusion during the debate among councillors, the pair said the proposed bylaw was lengthy and “vaguely written, particularly in the area of inspection.” 

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“It broadly stated that businesses could have their books and records inspected by the licensing officer or police, but it didn’t specify which type of businesses would be subject to these inspections,” their statement said. 

“We believe that this new bylaw should have been more detailed, clearly identifying which businesses faced these inspections, rather than just leaving it open ended.” 

During her address to council before the debate, DeLuca said the “proposed business licensing by law is full of time-consuming, costly and duplicate inspections.” 

The Windsor-Essex County Health Unit conducts regular inspections, the results of which are posted online, DeLuca said.  

“The fees are only part of the problem. The duplicate inspections and the overstepping of municipal governance is an even larger problem.” 

Inspectors would have the right to look at goods, wares, merchandise, books and records, she said. 

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She agreed with an initial business licence, but not the extensive powers for inspectors or annual renewal fees. 

Brush detailed the expenses she already pays for inspections at her restaurant, including $170 to the Town of Amherstburg for back flow (preventing water flow reversal), $60 for provincial business licensing, $225 for fire safety inspections by a private company and $565 for cleaning and maintaining kitchen air systems by another company. 

As well, WECHU and the Amherstburg Fire Department inspect the premises, she said. 

During the debate, Bill Tetler, licensing and enforcement manager, explained that the fire department does not perform annual fire inspections on all businesses, but because of resource limitations, it conducts inspection blitzes. 

In the last five years, more than 170 orders were issued against restaurants, about one third of all enforcement actions, Tetler said. 

But some businesses don’t do the work, he said. “We’re finding quite a lot throughout our community that those deficiencies are not being taken care of.” 

Ultimately, council decided to establish a registry to track what businesses are operating in town and to bring back an amendment that would see businesses previously enrolled in a now-defunct directory exempt from new fees. 

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