1915 CHAPTER 40 An Act respecting Hotels and other Places of Public HIS [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the SHORT TITLE. 1. This Act may be cited as "The Hotel Act." INTERPRETATION. 2. In this Act unless the context otherwise requires the expression: 1. "Public accommodation" means and includes lodging, meals, recreation, entertainment and other accommodation requisite for the convenience and comfort of the travelling public and the residents of municipalities and adjacent territory; 2. "Director of public accommodation" and "director” mean the person appointed as such under the provisions of this Act; 3. "Public hotel" means and includes every place of public accommodation licensed as such under the provisions of this Act; 4. "Municipal council" or "council" means the council of a city, town or village; 5. "Municipal clerk" or "clerk" means the clerk of a city or the secretary or secretary treasurer of a town or village; 6. "Municipality" means a city, town or village; 7. "Municipal elector" means a person qualified to vote for the election of members of the municipal council of a city, town or village. ADMINISTRATION. 3. This Act shall be administered by the Executive Council or such member or members thereof as may be designated for the purpose by order of the Lieutenant Governor in Council. 4. For the purpose of such administration there shall be established an office in charge of a director to be known as the "director of public accommodation" who shall hold office during pleasure and receive such salary as may be fixed by the Lieutenant Governor in Council. (2) There shall be employed in the office of the director Employees such clerks and employees as are approved by the Lieutenant Governor in Council. of advisory 5. The Lieutenant Governor in Council may appoint an Appointment advisory council of not more than five members to be known council as "The Provincial Council of Public Accommodation." advisory (2) It shall be the duty of the provincial council to con- Duties of sider and discuss with the director all matters pertaining to council" the providing of public accommodation throughout the province as may be deemed necessary with a view to the betterment of such accommodation. office of (3) The members of the provincial council shall hold Term of office during pleasure and shall receive such remuneration members for travelling and other expenses as the Lieutenant Governor in Council may direct. council (4) The provincial council shall meet at least twice dur- Meetings of ing each year and at such other times as the director may determine. 6. It shall be the duty of the director: (a) To give to municipal councils and public accommo- (b) To suggest from time to time to municipal councils (c) To confer from time to time with the executive or (d) To obtain from municipal clerks information and Duties of director Powers of municipal councils Towns and villages with population may (e) Generally to perform such other duties as may be delegated to him by order of the Lieutenant Gover nor in Council. POWERS OF MUNICIPAL COUNCILS. 7. For the purpose of enabling municipal councils to deal with the question of providing public accommodation within their respective municipalities every such council shall have power: (a) To appoint annually a board to be styled "The (name of city, town or village) Accommodation Board" with powers and duties as hereinafter provided; (b) To license public hotels and other places of public accommodation and subject to the approval of the director to make regulations regarding the granting of such licenses and the conduct, management, appointments and inspection of such hotels and other places of accommodation; (c) To refund in whole or in part any taxes other than school taxes paid by any licensee of a public hotel under this Act; (d) To provide for the establishment of a public rest and reading room and to make rules and regulations for the conduct and maintenance of the same; (e) To provide sample rooms for the convenience of commercial travellers and to fix the fees for the use of such rooms; (f) To make suitable arrangements for the care and maintenance of any travelling library by the licensee of any public hotel or other place of public accommodation. 8. The municipal council of every town and village having less than 1,000 a population of less than one thousand may grant licenses for certain licenses any of the following classes of business, namely: the selling of cigars and cigarettes, the providing of meals and lodging, by restaurants, cafes, boarding, lodging, rooming and other houses, the maintaining and operating of pool and billiard rooms, bowling alleys and moving picture theatres. (2) Upon the joint application of at least three-fourths of the members of the municipal council and the local accommodation board the director may authorise the council to limit the number of licenses to be issued in any year for any such business. (3) Every such application shall set forth clearly the purpose which the council has in view in seeking such authorisation, the extent to which the council desires to exercise the authority it seeks, and particulars as to the manner in hich such authority if exercised will affect the class of people carrying on such business in the municipality. (4) Subject to the approval of the director every such municipal council may make rules and regulations governing all matters pertaining to the issue of such licenses, including their form, their time of issue, the license fees payable, the time during which licenses shall be valid, their renewal, cancellation and suspension: Provided that the fee fixed by regulations for any such license shall not exceed annually the following amounts, namely: For selling cigars and cigarettes For providing meals and lodging.. For a pool and billiard room, for a bowling alley and for a moving picture theatre operated and maintained by the licensee of any public hotel-for a license for each class of business... $ .25 .25 .25 councils may buildings until 1916, for pubdation if 9. Subject to the approval of a vote of the municipal Municipal electors as in the case of money bylaws every municipal coun- rent or lease cil shall have power to rent, lease or otherwise acquire except 31st December, by purchase any building which it desires to use in any way lic accommofor the purpose of providing public accommodation provided approved by that the acquisition of any such building shall not be for any period of time extending beyond the thirty-first day of December, 1916. (2) In case the provincial referendum on the question of relicensing hotels to sell liquor by retail is not held in 1916 any municipal council that has acquired premises for the purpose mentioned may enter into an agreement with the owner of such premises to continue in possession thereof until the said vote is taken. electors after provincial 10. After the said provincial referendum is taken and the Municipal result thereof is known every municipal council shall have councils may power subject to the approval of a vote of the municipal elec- referendum tors as aforesaid to rent, lease, purchase or otherwise purchase such acquire any building or land which it desires to use in any approved by way for the purpose of providing public accommodation. rent, lease or buildings if electors submit 11. Before exercising any of the powers conferred upon Councils to municipal councils by sections 9, 10 and 13 hereof and proposals to before submitting any such bylaw to the municipal electors ment board local governfor approval Local government board may approve in whole or part Municipal Acts to apply to voting on bylaw Powers of municipal securing it shall be the duty of the municipal council to submit to the local government board for its consideration and approval: (a) A statement of the powers which the council desires to exercise and the extent to which it is proposed any such power shall be exercised; (b) A statement in detail clearly indicating the estimated expenditure involved in carrying out the proposals of the council; (c) A statement indicating the manner in which it is proposed to raise the moneys required for carrying out such proposals. (2) Upon receipt of the statements referred to the local government board may approve in whole or in part the proposals of the council and upon receipt of such approval the council may proceed to exercise the powers conferred upon it by sections 9, 10 and 13 hereof within such limitations. as may have been fixed by the local government board. 12. For the purpose of any vote to be taken under sections 9 and 10 hereof all the provisions of The City Act, The Town Act or The Village Act, as the case may be, respecting voting on money bylaws shall mutatis mutandis apply to the taking of such vote. 13. Upon securing the necessary authority to acquire councils after property for the purpose of providing public accommodation the municipal council with the approval of the local government board shall have power: authority to acquire property Provision of funds for purposes of Act Debentures and securities issued prior to referendum (a) To furnish the premises so acquired; (b) To provide for the management of such premises; (c) To do all such other acts and things as may be deemed necessary or advisable to have the said premises conducted and managed successfully and economically as a place of public accommodation. 14. All money required by any municipal council for the purpose of carrying out the provisions of this Act may be provided out of the general revenues or funds of the municipality or by the issue of debentures or other securities as the local government board may approve. (2) In case it is decided that such moneys shall be raised by the issue of debentures or other securities every such repayable by debenture or other security shall be in such form, shall run for such period of time and shall bear interest at such rate as the local government board may determine, provided, however, that until the referendum referred to in section 9 31st December, 1916. |