Town of Torbay Mobile Vending By-Laws — full text

This is the exact embedded text of the captured official document. Snapshot ebb0b63287e5 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

torbay PLANNING AND DEVELOPMENT TOWN OF TORBAY MOBILE VENDING BY-LAWS February 2025 J torbay TOWN OF TORBAY MOBILE VENDING BY-LAWS CAME INTO EFFECT: These Town of Torbay Mobile Vending By-laws came into effect and were adopted by Council, this 3 day of March 2025. Motion No.: RES-57-2025. Signed and Sealed: Craig Scpf( Sandy Hounsell Mayor - CAO TOWN OF TORBAY MOBILE VENDING BY-LAWS Original Adoption to align with new Towns and Local Service March 3, 2025 -- Motion # RES-57-2025 Rev 0 Districts Act, 2023 L TOWN OFTORBAY Oray MOBILE VENDING BY-LAWS DCVILOPMrNT Pursuant to the authority conferred in Section 8.(1)(e) of the Towns and Local Service Districts Act, 2023, the Town Council of Torbay adopted the following By-law on March 3, 2025. 1. TITLE 1.1 These By-laws may be cited as the "Town of Torbay Mobile Vending By-laws"; hereinafter referred to as "these By-laws". 2. PURPOSE 2.1 The purpose of these By-laws is to establish a set direction for mobile vending operators and mobile vending units. 3. APPLICATION 3.1 These by-laws shall apply within the municipal boundaries of the Town of Torbay. 4. REPEAL OF PREVIOUS REGULATIONS 4.1 All previous Town of Torbay Mobile Vending Regulations and amendments are repealed. 5. DEFINITION I INTERPRETATION In these Mobile Vending By-laws the following definitions shall apply: 5.1 "Act" means the Towns and Local Service Districts Act, 2023. 5.2 "Council" means the Torbay Town Council. 5.3 "Food" means edibles or liquids which are intended to be eaten or drunk in a raw or prepared state intended for consumption. 5.4 "Goods" means wares and merchandise of all kinds intended to be sold or exchanged. 5.5 "Inspector" means a person, or persons appointed by Council to administer and enforce these By-laws. 5.6 "Litter" means trash, such as paper, cans, and bottles, and other garbage that is left lying in an open or public place. Page II L TOWN OFTORBAY Oray MOBILE VENDING BY-LAWS DIVLLQPNCNT 5.7 "Mobile Vending Unit" means any motorized or non-motorized vehicle, trailer, kiosk, push or pedaled cart, stand, display, carried container, or other device designed to be portable and not permanently attached to the ground from which food, beverages, goods, wares, or merchandise are being offered for sale. 5.8 "Mobile Vending Permit" means a Permit issued by the Town of Torbay to operate a "Mobile Vending Unit". 5.9 "Operator" means a person, also known as a "Vendor", 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. 5.10 "Resident" means a person who resides within the boundaries of the Town of Torbay. 5.11 "Stand" means any outside area or structure where goods or food are sold. 5.12 "Town" means the Town of Torbay. 5.13 "Vendor" shall have the same meaning as "Operator". 6. PERMIT REQUIRED 6.1 Any person proposing to use or operate any Mobile Vending Unit to be used for the sale of food or goods, within the boundary of the Town, shall require a Mobile Vending Permit to operate. 7. A Permit issued under these By-laws shall contain conditions that the Town may prescribe including, but not limited to, the following: 7.1 The location from which the Mobile Vending Unit may operate. 7.2 The hours which the Mobile Vending Unit may operate. 7.3 The types of food or goods that may be offered for sale. 7.4 The way such food or goods may be displayed. 7.5 The containers in which food or goods may be stored, sold, or distributed. 7.6 The way waste products are stored and removed for disposal. 7.7 The times and location that Mobile Vending Units may be moved or parked. 8. APPLICATION An application to operate a Mobile Vending Unit shall require the following: 8.1 The name and business address of the Operator. Page I 2 TOWN OFTORBAY oraY MOBILE VENDING BY-LAWS DCVILOPMENT 8.2 A description of the goods or food offered for sale. 8.3 The location(s) and duration from which the Mobile Vending Unit will operate from. 8.4 A general description of the Mobile Vending Unit including and license plate number if the vehicle is licensed under the Highway Traffic Act. 9. REQUIRED DOCUMENTATION FROM THE APPLICANT The Town may require the following documentation as part of an application to operate a Mobile Vending Unit: 9.1 A copy of all applicable health permits where food is offered for sale issued under Service NL Food Establishment License. 9.2 A copy of certification issued by the Torbay Volunteer Fire Department verifying compliance with all applicable fire codes and where the Mobile Vending Unit is equipped with fuel burning appliances from a recognized propane agency. 9.3 A certificate of insurance including liability insurance for any Mobile Vending Unit licensed under the Highway Traffic Act and documentation to verify that the Town of Torbay is listed as co-insured when a permit is issued for municipal property. 9.4 A letter of approval from the landowner if the Mobile Vending Unit is located on private land. 9.5 Where applicable, a Service NL Electrical Certificate for any additional work required. 9.6 A waste I recycling management plan acceptable to the Town. 9.7 Any other requirements determined necessary by the Town of Torbay. 10. DURATION OF A PERMIT A Permit issued under these By-laws shall be valid as specified below: 10.1 Mobile Vendor - Special events permit - duration of the event. 10.2 Mobile Vendor - Annual License - one year from date issued. 10.3 Mobile Vendor - Town hosted event - duration of the event. 11. PERMIT FEE 11.1 Council may prescribe a fee schedule from time to time for Permits issued under these By-laws. Applicable Mobile Vending Fees shall be in accordance with the Town of Torbay Tax and Fee Structure as adopted by Council. Page I 3 L. TOWN OFTORBAY Oray MOBILE VENDING BY-LAWS pEvtLop,qENr 12. CONDITIONS TO OPERATE A MOBILE VENDING UNIT 12.1 Mobile Vending Units shall be maintained in a condition acceptable to the Town. 12.2 Mobile Vending Units that require electricity shall be the responsibility of the operator. 12.3 Mobile Vending Units shall be inspected for life safety and approved by the Torbay Volunteer Fire Department. 12.4 Mobile Vending Units shall supply litter and garbage containers and be responsible for disposal. 13. A MOBILE VENDOR SHALL NOT: 13.1 Operate within 100 metres of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day. 13.2 Operate on any street unless specifically approved by the Town. 13.3 Operate between 10:00 p.m. on one day and 7:00 a.m. of the following day unless specifically permitted by the Town. 13.4 Leave any Mobile Vending Unit unattended. 13.5 Store, park or leave any Mobile Vending Unit overnight on any street or park any motor vehicle other than in a lawful parking place in conformance with provincial parking regulations or as agreed upon by the Town. 13.6 Solicit or conduct business with persons in motor vehicles. 13.7 Sell anything other than that which is licensed to under the Mobile Vending Permit. 14. RIGHT OF INSPECTION AND REMOVAL 14.1 An inspector authorized by Council may enter upon land or a Mobile Vending Unit for the purpose of making inspections relative to these By-laws. 14.2 The Town may issue a removal order for non-compliance with these By-laws to the Owner/Operator of a Mobile Vending Unit. 15. ENFORCEMENT OF THIS BY-LAW 15.1 Enforcement of these By-laws may be undertaken by any Police Officer or by an official of the Town of Torbay. Page I 4 1 1) TOWN OFTORBAY Oray MOBILE VENDING BY-LAWS D€VttOtlkT 16. OFFENCES AND PENALTIES 16.1 Pursuant to Section 289 (3) of the Towns and Local Service Districts Act, 2023, each day upon which the same offence is committed or continued is a separate offence. 16.2 Any Person who is in violation of these By-laws or who fails to comply with any provision thereof: 16.2.1 Shall be considered guilty of an offense underSection 289 of the Towns and Local Service Districts Act, 2023; and 16.2.2 Shall be liable to penalties as stipulated in accordance with Section 290 of the Towns and Local Service Districts Act, 2023. 16.2.3 Shall be considered in contravention of the Act, and Council may issue an Order under Section 285 of the Towns and Local Service Districts Act, 2023. Page I 5