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CITY OF QUESNEL
SIDEWALK FOOD VENDORS BYLAW NO. 1299
OF 1992
CONSOLIDATED FOR CONVENIENCE ONLY
AMENDED BY:
City of Quesnel Comprehensive Fees and Charges Bylaw No. 1683 of 2010
City of Quesnel Sidewalk Food Vendors Bylaw Amendment Bylaw No. 1752 of
2015
Consolidated Bylaw No. 1299
Page 1 of 7
CITY OF QUESNEL
BYLAW NO. 1299
A bylaw to regulate and control food vendors on the City's sidewalks.
WHEREAS pursuant to Part 11, Division 4 of the Municipal Act, R.S.B.C. 1979, Chapter
290 and amendments thereto, the City is authorized to regulate the carrying on of a
business;
AND WHEREAS under Section 53 of the City's Street and Traffic Bylaw No. 394A, no
person shall place any merchandise, vehicle, chattel or wares of any nature on any
street, sidewalk or boulevard for the purpose of sale or display, other than non-
motorized conveyances for the purpose of vending pre-packaged frozen confections;
AND WHEREAS the City desires to provide some regulations and controls on vendors
of food using the City's sidewalks in the downtown core only;
NOW THEREFORE the Council of the City of Quesnel, in open meeting assembled,
enacts as follows:
1.
TITLE
This By-law is cited for all purposes as the "Sidewalk Food Vendors By-law No.
1299 of 1994."
2.
DEFINITIONS
"City" means the City of Quesnel.
"Business Licence" means a valid City of Quesnel business license issued
pursuant to the City's Trades Regulation Bylaw No. 628 of 1974 and amendments
thereto.
"Business Licence Inspector" means the person duly appointed from time to
time by the City Administrator.
"Permit" means a valid Sidewalk Food Vendors Permit issued pursuant to this
Bylaw, the form for which is set out in Schedule "B" hereto.
"Pushcart" means and includes any device designed to be moved by human
power only (although it may be towable) and which may be used on a sidewalk or
any portion thereof for the purpose of selling or offering for sale any food products
to the public.
"Sidewalk" means the area between the curb line or lateral lines of a roadway and
the adjacent property lines improved for the use of pedestrians or other improved
area set aside for pedestrian use only.
"Sidewalk Food Vendor" means a person who owns or operates a pushcart for
the purpose of selling or offering for sale various foods.
3.
LOCATIONS
a) Those areas shown on Schedule "A" attached hereto and forming part of this
Bylaw are designated as authorized sites within a Sidewalk on which a Sidewalk
Food Vendor may set up a Pushcart, of which three (3) will be approved each
year.
b) A person who desires to set up as a Sidewalk Food Vendor located on a site
shown on Schedule "A" shall make application to the Business License
Inspector in accordance with Section 4 of this Bylaw.
c) A person who is issued a Permit by the Business License Inspector, as well as
a Business License, shall operate only at the site for which the Permit was
issued under this Bylaw.
d) The walkway portion of a sidewalk, crosswalk, or extension of a crosswalk,
roadway or fire hydrant shall not be obstructed.
Consolidated Bylaw No. 1299
Page 2 of 7
e) The location of the Pushcart shall not cause any traffic problems, including
restricting visibility for vehicles operating in the Pushcart's vicinity.
f) When a Pushcart is at a designated site, the Permit holder or person designated
by the Permit holder, shall be in attendance at all times.
4.
APPLICATION
a) Applications to set up as a Sidewalk Food Vendor from a Pushcart located on
one of the sites shown on Schedule "A" shall be made on the form in Schedule
"B" attached hereto and forming part of this Bylaw, and shall include proof of
Ministry of Health certificate, photographs of Pushcart along with dimensions, a
proposed operating plan, proof of liability insurance, qualifications and
experience of applicant AND proposed annual fee which the applicant will pay
for the site so applied.
b) Public notice of the invitation to tender for a Permit shall be made or placed in
any form deemed acceptable by the Business License Inspector. Applications
will be received up to January 31st in any year for one of three (3) permits
available for that year.
c) Applications for the year 1995 will be received up to one month following
adoption of this Bylaw.
d) All applications submitted to the Business License Inspector shall be perused by
the Operations Committee who shall review these and submit a
recommendation to Council for approval on the three (3) allowable Permits to be
issued.
e) The Operations Committee shall review all applications on the basis of quality of
construction of the proposed Pushcart, compatibility of the proposed use with
the location, qualifications and experience of the applicant, and the annual fee
being so bid for a specific site by the applicant. The Committee will place a
priority on distributing the Permits to different applicants; however, if there are
insufficient acceptable applicants for the sites available, the Committee may
recommend a Sidewalk Food Vendor to more than one site.
f) A Permit holder shall have first right of renewal for the same permit at the same
fee on the same site for two subsequent years, but such renewal applications
shall be made by October 15th of the preceding year AND shall be on the form
in Schedule "B" attached hereto and shall be accepted by the City UNLESS the
Permit holder has violated the terms of this Bylaw or the conditions of the
previously held Permit or Business License.
g) A decision on all applications will be made on or before February 28th of a given
year for the ensuing year and the applicants are to be notified forthwith of the
decision in respect of the application.
h) A person may apply for a Permit at any time in accordance with the above
procedures if there are less than three (3) sites for which a Permit has been
issued.
i) Successful Permit applicants shall, upon the rewarding of a Permit, provide
payment in full of the Permit fee prescribed by Schedule "A4" of "City of
Quesnel Comprehensive Fees and Charges Bylaw No. 1683 of 2010," as
amended or repealed.
5.
PERMITS
a) A Permit shall be in the form set out in Schedule "C" attached hereto and
forming part of this Bylaw.
b) A Permit issued under this bylaw shall be valid for:
i) one year from April 1st in a given year to March 31st of the following year;
or,
ii) for part of one year up to March 31st if the successful application is made
after April 1st, with the fee to be paid in advance based on the portion of
the year remaining in relation to the annual fee.
c) A Permit is not transferable except with the permission of the Business License
Inspector.
d) A Permit shall only be issued to a person, firm or corporation in respect of a
Pushcart designated in the Permit, in which event the officers, servants or
Consolidated Bylaw No. 1299
Page 3 of 7
agents of the Permit holder may operate as a Sidewalk Food Vendor from such
Pushcart during the subsistence of the Permit without the necessity of obtaining
individual permits, following the operating plan previously submitted.
6.
BUSINESS LICENSE
a) A person, firm or corporation operating as a Sidewalk Food Vendor from a
Pushcart shall possess a Business License.
b) Issuance of a Business License does not imply that a Permit under this Bylaw
will be issued, and the issuance of a Permit does not imply that a Business
License will be issued.
c) The Business License Inspector shall not issue a Business License nor a Permit
until an applicant for the Business License or Permit has provided evidence that
the applicant's Pushcart and the applicant's business are insured under a
comprehensive liability policy of insurance for a minimum of one million
($1,000,000) dollars, inclusive of limits covering bodily injury, death and property
damages including the loss of use of such property; such policy of insurance
shall be in the join name of the applicant for the Permit and Business License
and the City as co-insured.
d) A Permit and Business License, or a photocopy of each of them, shall be
displayed at all times on a Pushcart.
7.
PUSHCARTS
a) A Pushcart shall be no longer, higher or wider than 2.0 meters, 2.45 meters and
1.2 meters respectively. The dimensions outlined shall include all folding
counters, wheels, fenders, awnings or canopies.
b) A Pushcart shall be soundly constructed, kept clean and in good condition at all
times.
c) A Pushcart shall comply with all applicable municipal, provincial and federal
legislation concerning food-handling and storage, fuel, structural safety.
d) A Pushcart shall be equipped with brakes or some approved device or
mechanism to prevent it from moving except under the control of the Sidewalk
Food Vendor.
8.
CLEANLINESS
a) A Sidewalk Food Vendor shall supply a covered refuse container for use by the
vendor and patrons.
b) A Sidewalk Food Vendor is responsible for ensuring that the site is kept clean,
tidy and free of litter during and immediately following the Vendor's hours of
operation.
c) There shall be no discharge of fluid or solids from the Pushcart to the surround
ground.
d) A Sidewalk Food Vendor shall remove all refuse and litter from the site and its
vicinity at the close of each day of operation and shall not dispose of such litter
in the City on-street litter container.
9.
PERMIT REVOCATION
a) A Sidewalk Food Vendor who fails to operate on a regular basis, and in any
event, is absent for a period of more than two weeks between June 1st and
September 15th of each year of the Permit, may have his permit revoked by the
Business License Inspector.
b) Where the Business License Inspector considers revoking a Permit, the
Inspector shall first inform the Permit holder of the reasons for considering the
revocation and afford the Permit holder an opportunity to be hears. A Permit
holder whole Permit is revoked may appeal to City Council.
c) Where a Permit is revoked the Permit holder forfeits his right of renewal at the
designated site and will receive no refund of Permit fees from the City.
10.
MISCELLANEOUS
A Sidewalk Food Vendor shall not operate any noise or sound-making or sound-
reproducing equipment at a volume which causes a disturbance to any person.
Consolidated Bylaw No. 1299
Page 4 of 7
11.
OFENCE AND PENALTIES
a) Any person who violates any provisions of this Bylaw or who allows, causes, or
permits any violation of this Bylaw shall be guilty of an infraction of tis Bylaw and
shall be liable upon conviction, to a fine of not more than $2,000 and not less
than $100.
b) Each day that any violation is allowed to continue will be deemed to be a
separate offence.
READ A FIRST TIME this 7th day of November, 1994.
READ A SECOND TIME this 7th day of November, 1994.
READ A THIRD TIME this 21st day of November, 1994.
RECONSIDERED AND FINALLY PASSED AND ADOPTED by a majority vote of all
members of Council this 9th day of January, 1995
*****
Mayor
*****
Corporate Officer
Consolidated Bylaw No. 1299
Page 5 of 7
SCHEDULE "A"
Consolidated Bylaw No. 1299
Page 6 of 7
Bylaw No. 1299 - Schedule "B"
Application for Sidewalk Food Vendor's Permit
Name:
Address:
Home Telephone:
Cellular:
Proposed Site #
Alternate Site #
(all from Bylaw No. 1299 Schedule "A: Site Map")
Description of proposed Sidewalk Vendor's Business:
(Attach Supporting Documents, if necessary)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Operating Plan:
(Attach Supporting Documents, if necessary)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Declaration:
I, _________________________________________ apply for a Sidewalk Food Vendor's Permit at the
site, or alternate site, listed above. I enclose photograph(s), drawings and documentation in support
of my application. I agree to obtain a valid and current City of Quesnel Business License and pay the
current fee for the Sidewalk Food Vendor's Permit, if my application is successful. I agree to obtain $1
million in liability insurance and a Northern Health Authority Health Certificate.
_____________________________
_____________________________
Print Name of Applicant
Date
_____________________________
Signature of Applicant
Consolidated Bylaw No. 1299
Page 7 of 7
SCHEDULE "C" OF BYLAW NO. 1752
CITY OF QUESNEL
SIDEWALK FOOD VENDOR'S PERMIT
THE SUM OF $ IS PAID FOR THE SIDEWALK FOOD VENDOR'S PERMIT
COVERING DESIGNATED SITE # LOCATED AT _____________________________
FOR THE CALENDAR YEAR _________
TERMS AND CONDITIONS AS PREVIOUSLY DELIVERED AND AS SET OUT IN CITY
OF QUESNEL BYLAW NO. 1752.
PERMIT HOLDER'S NAME _________________________________________________
PERMIT HOLDER'S ADDRESS _____________________________________________
PERMIT HOLDER'S CONTACT TELEPHONE NUMBER ________________________
-------------------------------------------------------------------------------------------------------------------------------
PERMIT APPROVED BY CITY COUNCIL ON ______________________________
FOR _________ (year approved) AND TWO RENEWAL YEARS
_______________________________________
CITY BUSINESS LICENCE CLERK