A-6: Respecting Peddlers By-law — District of Carleton North
Carleton North, New Brunswick
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## DISTRICT OF CARLETON NORTH A BY-LAW RESPECTING PEDDLERS BY-LAW NO. A-6
A BY-LAW OF THE MUNICIPALITY OF DISTRICT OF CARLETON NORTH RESPECTING THE ESTABLISHMENT OF A PEDDLERS BY-LAW PURSUANT TO SECTION 128 OF THE LOCAL GOVERNANCE ACT OF NEW BRUNSWICK.
The Council of the District of Carleton North under authority vested in it by Section 11 o he Local Governance Act, RSNB 2017, c. 18, enacts the following by law
1. TITLE
## 2. DEFINITIONS
## In this by-law:
- 2.1. "COUNCIL' means the Mayor and Councillors of the District of Carleton North
- 2.2. "FORMER LOCAL SERVICE DISTRICTS" (hereinafter referred to as "Former LSDs") shall denote those geographical areas that were previously classified and administered as Local Service Districts prior to the municipality of District of Carleton North under the new governance structures.
23. "MUNICIPAL REPRESENTATIVE" means the Enforcement Officer or suck erson as may be appointed by Council or municipal staff who issue the licences and collect the licence fees provided for in this by-law.
24. "PC rER upose of pering or he ping or or me ehandise copole 10
- 2.5. "PEDDLER'S LICENCE" means a peddler's licence and any renewal thereof colpod pursuant to this by law that has not expired or been revoked. (permis de
- 2.6. "PERSON" means any individual, association, firm, partnership, corporation, or agent.
- 2.7. "TOWN LIMITS" means boundaries of the Town limits of Bath, Centreville, and Florenceville-Bristol.
## 3. PEDDLER'S LICENCE
- 3.2. A peddler's licence is valid only for peddling or hawking or for carrying from place to place for peddling or hawking the class or type of goods and merchandise expressly described or referred to on the face of the peddler's licence.
- 3.3. An application for a peddler's licence attached as Schedule "A" to this By-law shall be submitted by the peddler to the Municipal Representative.
- 3.4. Any person applying for a licence to peddle any type of food or food product for human consumption, except as permitted in Section 5 of this By-Law, shall obtain all necessary provincial or federal licenses or approvals to do so and shall provide evidence of this prior to being granted a peddler's licence under this by-law.
- 3.5. An application for a peddler's licence must include written consent from the owner or duly authorized occupier of the land where the peddler proposes to carry on business stating that the peddler has permission to use the land, if not owned by District of Carleton North.
- 3.6. Upon receipt of a duly completed application the Municipal Representative shall either issue the licence forthwith or shall refer the application to Council, which Council shall decide to accept or reject such application.
- 3.7. Upon acceptance of the peddler's application, a licence will be issued to that peddler after payment by the peddler of a fee as follows:
$100.00 per week HST Exempt
$50.00 per day HST Exempt
$250.00 per month HST Exempt
$1250.00 per year HST Exempt
- 3.8. A peddler's licence shall expire on December 31 in the year in which it is issued.
- 3.9. A peddler shall not carry on business from a public parking area, within a radius of and merchandise of a similar ate, wied one met eng of din seline gods any sidewalk or, if there is not adjacent sidewalk, within ten meters (10m) from the
- 3.10.A peddler must provide an Insurance Certificate to the Town confirming one million dollars ($1,000,000) of Commercial General Liability (CGL) insurance is
in place for the duration of the calendar year. Upon renewal of CGL insurance, the peddler will provide an updated insurance certificate confirming coverage is in place for the balance of the calendar year.
- 3.11. All applications must be made a minimum of 7 days in advance of the requested date. Thus, allowing enough time for the application to be processed.
## 4. LICENSE FEES
- 4.1. The fee for the issuance of a Peddlers Licence under this by-law shall be fixed by policy made by Council in Regular Session.
## 5. BY-LAW EXCEPTIONS
- 5.1. This by-law does not apply to:
- 5.1.1. Former LSDs
- .1.2. a person peddling or hawking fruits, vegetables, meats and other products harvested by that person from his or her farm or garden
- 5.1.3. a fisherman peddling or hawking fish, oysters or any product harvested by aim or her from the sea; or
- 5.1.4. persons employed by a temperance, benevolent or religious society in the Province of New Brunswick for the peddling or selling of temperance tracts or other moral or religious publications under the direction of such society, to the exclusion of other goods and merchandise.
- 5.1.5. a garage/yard sale held at a residential home, when conducted by the owner or legal occupant of the premise; and
- 5.1.6. a vendor that is invited by the property owner to present on their property for the purpose of service or goods, such as independent sales consultant or contractor;
- 5.1.7. any person operating a temporary business as part of a "Special Event" that has been approved by the municipal representative for an exemption as outlined in Schedule B.
## 6. PENALTIES
- 6.1. A person who violates any provision of this by-law is guilty of an offence and, on summary conviction, is liable to a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00)
- 6.2. Where in the opinion of the Municipal Representative a peddler has violated any provision of this by-law, the Municipal Representative shall in addition to any other remedy or penalty prescribed herein, by notice served upon the peddler, revoke the peddler's license issued to that peddler.
- 6.3. The notice referred to in Section 6.2 shall be sufficiently served upon the peddler if it is delivered personally to the peddler, or if it is mailed prepaid registered post to the last known residence or place of business of the peddler.
- 6.4. Service of the notice referred to in Section 6.2 by registered post shall be deemed to have been effected 5 days after the notice was deposited in the mail.
## 7. BY-LAWS REPELLED
8. By-law No. I1, A By-law respecting Peddlers By-Law No. I1 enacted April 17, 2017 and all amendments thereto, is hereby repealed.
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READ FIRST TIME:
May 28, 2024
READ SECOND TIME: \_
July 9, 2024
READ THIRD TIME AND ENACTED THIS 9th DAY OF July. 2024,
Dude Raine
MAYOR
Any me
CLERK
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## PEDDLER'S LICENSE APPLICATION FORM
## Schedule "A"
## DISTRICT OF CARLETON NORTH BY-LAW NO. A-6
## A By-law Respecting Peddlers
Section 3.1 of By-law No. 11 states: No person shall, on Town property, peddle or hawk, or carry from place to place for peddling or hawking, any goods or merchandise unless that person has been issued a peddler's license therefore by the Municipal Representative.
Section 3.5 of By-law No. 11 states: An application for a peddler's license must include written consent from the owner or duly authorized occupier of the land where the peddler proposes to carry on business stating that the peddler has permission to use the land.
Section 3.7 of By-law No. 11 states: Upon acceptance of the peddler's application, a license will be issued to that peddler after payment by the peddler of a fee as follows:
$1250.00 per year HST Exempt
$50.00 per day HST Exempt $100.00 per week HST Exempt $250.00 per month HST Exempt
Name of Applicant:
Home Address:
Phone:
Name of Business:
Nature of Business:
Means of Peddling:
Door to Door
Outside Location
Location Detail:
- [ ] Yes
- [ ] Yes
- [ ] No
- [ ] No
Vehicle
Vehicle Detail:
- [ ] Yes
- [ ] No
Other Approvals Required:
Provincial
Federal
Land Owner
- [ ] Yes
- [ ] Yes
- [ ] Yes
- [ ] No
- [ ] No
- [ ] No
If "Yes" to provincial, federal or land owner approvals required, please attach evidence indicating these approvals have been obtained.
I am requesting a Peddler Licence for:
- [ ] the following individual dates:
- [ ] the following weeks):
- [ ] the following months):
- [ ] - the full year, to expire December 31
- [ ] - A copy of my insurance certificate is attached for $1,000,000 CGL.
Note: There will be no refunds to a Peddler Licence if they are unable to attend the dates for which they have applied.
I hereby apply for a peddler's license as described above and upon receiving approval agree to pay the license fee prior to receiving my license.
Applicant's Signature:
Date:
Clerk's Signature:
Approval Date:
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## PEDDLER'S LICENCE
## DISTRICT OF CARLETON NORTH BY-LAW NO. A-6
A By-law Respecting Peddlers
granted at of is hereby Applicant's Name a peddlers license under Business Name by-law No. A-6 to peddle on Description of Goods to be Peddled to Beginning Date Ending Date within the District of Carleton North. Exact Location
Date
Clerk
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## PEDDLER'S LICENSE EXEMPTIONS
## Schedule "B" DISTRICT OF CARLETON NORTH BY-LAW NO. A-6
A By-law Respecting Peddlers
The following Special Events and Organizations have been exempted by the Municipal Representative from paying the peddler licence fee for vendors which are part of the organized events:
1. Canada Day
2. National French Fry Day
3. Centreville Tractor Pull
4. River Bend Balloon Festival
5. All District of Carleton North Events and Partnered Events
6. Buttermilk Creek Festival
7. pARTicipate Arts & Nature Festival