Corner Brook, Newfoundland and Labrador
· adopted 2008-04-21
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CITY OF CORNER BROOK
MOBILE VENDING REGULATIONS
PURSUANT to the powers vested in it under and by virtue of section 257 of the City of
Corner Brook Act, and all other powers it enabling, the Corner Brook City Council in
regular session convened on the 21'
day of April, A.D., 2008, hereby passes and enacts
the following regulations relating to Mobile Vending Units in the City of Corner Brook.
1.
These Regulations may be cited as the City of Corner Brook Mobile Vending
Regulations.
Definitions
2.
In these Regulations:
(a) "Council" means the Corner Brook City Council as continued by section 12 of
the City of Corner Brook Act.
(b) "Inspector" shall mean that person or persons designated by Council to
administer and enforce these Regulations and shall include a Municipal
Enforcement Officer;
(c) "Food" shall be deemed to include materials of all sort which are intended to
be or are capable of being eaten, drunk or absorbed, regardless of whether
such food is in a raw or prepared state or is intended for such use or
consumption, and without limiting the generality of the foregoing, shall be
deemed to include fish or farm produce and other products whether natural
or artificial;
(d) "Goods" shall be deemed to include wares and merchandise of all kinds and
sorts intended to be or capable of being sold or exchanged;
(e) "Mobile Vending Unit" shall mean
i) any vehicle, equipment, apparatus, stand
temporary shelter or
temporary building whether it is self moving or drawn by another vehicle or
person or is temporarily or permanently stationary, and any permanent
structure occupied on a seasonal or irregular basis, which is used
ii) for the sale of food or goods;
(f) "Mobile Vendor" shall mean a person who owns, uses or operates a Mobile
Vending Unit or who engages in the sale of food or goods other than in a
premises located in a building on a permanent basis;
Permit Required
3.
No person shall, within the boundaries of the City, use or operate any Mobile
Vending Unit for the sale of Food or Goods or act as a Mobile Vendor without
having first obtained a permit from Council.
4.
Any permit issued hereunder shall be subject to such conditions as Council may
prescribe including, without limiting the generality of the foregoing, the
following:
(a) the place or places at which sales may take place;
(b) the times at which such sales may be transacted;
(c) the types of Food or Goods that may be sold;
(d) the manner in which such Food or Goods may be displayed;
(e) the containers in which such Food or Goods may be stored, sold or
distributed;
(f) the manner in which waste products must be stored and times of which
same must be removed; and
(g) the times and places at which Mobile Vending Units may move or be parked.
5.
(a) A Mobile Vendor seeking a permit from Council pursuant to these regulations
shall file with Council a completed and signed permit application, together with
the required accompanying documentation.
(b)
The application for a permit to be filed pursuant to subsection 4(a) shall
include:
(i)
the name and home and business addresses of the vendor;
(ii)
a description of the Food or Goods intended to be sold;
(iii)
the location or locations from which the applicant proposes to
operate a Mobile Vending Unit or as a Mobile Vendor;
(iv)
the intended location at which the Mobile Vending Unit will be
stored when not in use;
(v)
a description of the Mobile Vending Unit including the licence
plate number of the mobile vending unit if the vehicle is required
to be licensed under the Highway Traffic Act; and
(vi)
such other information as may be required by the Inspector.
(c)
The accompanying documentation shall include:
(i)
a copy of all applicable health permits where Food is to be offered
for sale;
(ii)
a copy of certification from a recognized fuel burning appliance
agency verifying compliance with all applicable codes where the
Mobile Vending Unit is equipped with a fuel burning appliance;
(iii)
a copy of inspection approval from the Corner Brook Fire
Department where the Mobile Vending Unit is equipped with a
cooking and/or heating apparatus;
(iv)
a copy of certification from a recognized inspection agency for fire
and safety systems verifying inspection of portable fire
extinguishers where required by the Inspector;
(v)
a certificate of insurance which policy complies with the following
requirements:
(i)
$2,000,000.00 general liability providing coverage
for all products and completed operations and all
movable equipment, including, but not limited to
all fuel tanks and cooking equipment;
(ii)
$2,000,000.00 automobile liability insurance for
any mobile vending unit which is required to be
licensed under the Highway Traffic Act;
(iii)
a cancellation provision providing that the policy
shall not be cancelled nor the amounts of the
coverage provided therein reduced until thirty
(30) days after the City of Corner Brook shall have
received written notice of such cancellation or
reduction; and
(iv)
the City of Corner Brook named as additional
insured;
(vi)
written permission from the property owner where the proposed
location for vending is privately owned; and
(vii)
such other documentation as may be required by Council or the
Inspector.
6.
Every permit issued pursuant to these Regulations shall have a number and a
decal which decal shall be affixed to the Mobile Vending Unit for which it was
issued.
7.
A permit issued under these Regulations is not transferable and shall be valid for
a
maximum
of
one
year
from
the
date
of
issuance.
8.
The fee for a permit shall be set by Council from time to time and Council may
set different fees for different types of Mobile Vending Units and Mobile
Vendors.
9.
A Mobile Vending Unit and Mobile Vendor may only operate in accordance with
the terms and conditions of a permit issued pursuant to these Regulations.
Condition of Mobile Vending Unit
10. (a) Mobile Vending Units shall be maintained in a manner acceptable to Council.
(b) Mobile Vending Units that require power shall have their own power source,
which power source shall be approved by the Inspector, and the use of electrical
cords is prohibited.
(c) Mobile Vending Units shall display the owner's name in lettering which shall be
no smaller than 7 cm in height and which shall be affixed to the mobile vending
unit in such a manner as to be clearly visible while the Mobile Vending Unit is in
operation.
(d) Mobile Vending Units containing cooking apparatus shall have a fully charged
fire extinguisher accessible to the operator.
(e) Mobile Vending Units shall, where they offer Food or beverages, have a litter
receptacle within 5 feet of the Mobile Vending Unit available for the disposal of
garbage and refuse.
(f) Mobile Vending Units that use propane shall comply with CAN/CGA - B149 - M95
"Propane Installation Code" and shall be certified annually by a recognized
agency.
Penalty
11.
Where any person contravenes any provision of these Regulations:
(a)
such person is guilty of an offence and liable on summary conviction to a
fine or to a period of imprisonment in accordance with the City of Corner
Brook Act; and
(b)
such person may be issued a violation notice pursuant to section 280.1 of
the City of Corner Brook Act.
12.
All Municipal Enforcement Officers are designated persons employed by Council
who may issue a violation notice pursuant to section 280.1 of the City of Corner
Brook Act for any contravention or failure to comply with these Regulations
13.
These regulations shall come into force as of the date enacted by Council and the
City of Corner Brook Produce By-Law, 1986, and all amendments thereto, is
hereby repealed upon the coming into force of these Regulations.
IN WITNESS WHEREOF these Regulations are sealed with the Common Seal of the City
of Corner Brook and subscribed by and on behalf of the Council by the Mayor and City
Clerk at the City of Corner Brook, in the Province of Newfoundland and Labrador, this sth
day of May, A.D., 2008.
,
Published in the Western Star - March 12, 2008
First Reading - March 3, 2008
Second Reading - April 21,2008