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TITLE:
Mobi.le Vendlng on Town Property Bylaw
SECTION:
Protective Services
BYLAW NO: C-10
APPROVAL DATE: April 24, 2023
This bylaw may be cited as the Vending Bylaw.
1. In this bylaw all words have the usual meaning from dictionaries of the English language except
for the following:
a. "Vendor" means the owner, agent, operator or employee of a vending service
b. "Vending" means the safe or offering for sale outside an enclosed building of:
1. Food, beverages or other merchandise, unless they are immediately delivered to
a residence or shop by the person selling them;
ii. Services, unless they are provided in a building
c. "Crosswalk" means that portion of a roadway ordinarily included within the
prolongation or connection of curb lines or the edge of a roadway and property lines at
intersections or any portion of a roadway clearly indicated for pedestrian crossings by
lines or other markings on the road surface.
d. "Mobile canteen" means a motorized vehicle used for the display, preparation or sale of
food by a mobile vendor
e. "Vehicle" means any vehicle required to be licensed and registered pursuant to the Nova
Scotia Motor Vehicle Act as well as any vehicle propelled by human power, whether
required to be licensed or not.
2. No person shall vend in the Town of Amherst on a public street, sidewalk, public parking area or
park without having obtained permission from the Town of Amherst
a. Subject to sub-section 2(b) this by-law does not apply to a vendor is also the occupier
of a commercial premises in the town to which access is gained directly from the
sidewalk and in respect of which the vender is assessed a business occupancy tax, and
who vends from a location in the sidewalk immediately in front of the premises
b. A person who vends pursuant to this section shall not obstruct pedestrian or other traffic
on the sidewalk or street.
c. This bylaw does not apply to events that are fund raisers approved by the Town of
Amherst where permission has been obtained from the Chief of Police or their designate
by the events' organizers for venders who are participating in the events and registered
with the event organizers.
3. No vendor shall:
a. Leave any stand unattended;
b. Store, park or leave any stand overnight on a street or sidewalk;
TITLE:
Mobile Vending on Town Property Bylaw
SECTION:
Protective Services
BYLAW NO: C-10
c. Sell food or beverage for immediate consumption unless they have available their own
or a public litter receptacle;
d. Leave any location without first picking up, removing and disposing of all trash or refuse
from their immediate location;
e. Solicit or conduct business with persons in motor vehicles; or
f.
Vend within 75 feet of any restaurant unless permission is obtained from that
commercial enterprise;
g. Vend within 3 meters of a fire hydrant or a fire exit;
h. Vend in public places within 10 meters of any driveway entrance to a police or fire
station or within 3 meters of any driveway entrance;
1.
Vend within 3 meters of any crosswalk;
j. Sound or permit the sounding of any device which produces a loud and raucous noise,
or use or operate any loudspeaker, public address system, radio, sound amplifier or
similar device to attract the attention of the public or cry their wares to the disturbance
of the public;
k. When vending from a mobile canteen:
1. Vend when the mobile canteen is situated in a no-parking area or in an area
where parking is prohibited at that time;
n. Vend where the mobile canteen obstructs a roadway, sidewalk or a crosswalk
111. Vend in such a place that waiting customers are standing in a roadway or
obstructing a sidewalk;
1.
When vending from a stand:
1. Vend from a stand situated in a roadway, unless the stand is a pedal stand
11. Vend as to obstruct the traffic of pedestrians
111. Vend in such a place that waiting customers are standing in a roadway or
obstructing a sidewalk.
4. Any stand or mobile canteen that uses a fuel fired appliance for the preparation or warming of
food or drinks shall be inspected by the Fire Inspector prior to the issuance of a vending permit.
5. Any stand or mobile canteen equipped with a fuel fired appliance shall be equipped with a
minimum of a 2A 1 OBC rated fire extinguisher or suitable alternative as direction by the Office
of the Fire Marshall.
6. An application for permission shall contain:
a. The name, home and business address of the applicant;
b. A description of the type of food and beverage to be sold;
TITLE:
Mobile Vendlng on Town Property Bylaw
SECTION:
Protective Services
BYLAW NO: C-10
c. A description of any stand/mobile canteen to be used;
d. In the case of a vehicle that is used as a mobile canteen:
i. The motor vehicle registration number, and
ii. Make, model and year of the vehicle;
e. Confirmation that the applicant will only operate in accordance with the Nova Scotia
Health Protection Act, Motor Vehicle Act and other applicable legislation;
f.
Proof of successful fire inspection required under section 4 of this bylaw, if applicable;
g. Photograph of the fire extinguisher required under section 5 of this bylaw if applicable;
h. A photograph of each mobile canteen/stand;
1.
Be accompanied by a non-refundable application fee of 2 hundred dollars ($200.00).
7. A Vending Permit issued under this bylaw shall be conspicuously displayed so as to be clearly
visible from the street at all times during which goods or services are being offered for sale
pursuant to this by-law.
8.
a. Permission to vend on a street, public parking area, or sidewalk may be granted by the
Chief of Police;
b. Permission to vend in a public park may be granted by the applicable Director or their
designate;
c. Permission may be granted with such further terms and conditions as the Chief of Police
or Director of Operations deems as pertinent in each circumstance and may include
restrictions to the location of the operations;
d. The Chief of Police may, upon review of the application, waive the fee for the vending
permit for applicants 18 years of age and under;
e. All permission given shall expire on December 31 of the given year;
f.
Permission granted may be revoked upon written notice for violation of any of the terms
and conditions for which it was given.
~ Any person who violates any provision of this by-law shall be liable upon summary conviction
of a penalty not exceeding $1000.00.
TITLE:
Mobile Vending on Town Property Bylaw
SECTION:
Protective Services
BYLAW NO: C-10
Application Form
Town of Amherst Mobile Vending on Town Property Bylaw
I hereby apply for permission to vend on a street, public parking area, or sidewalk or in a public
park in the Town of Amherst
Name: ---------
surname
given I
given 2
Home Address: _______________________ _
Business Name: - - ----------------------
8 us in es s Address: _______________ _______ _
Phone Numbers: ______________________ _
Email Address: -------------
Vehicle Information (Mobile Canteen Only)
Motor Vehicle Registration Number: ___________________ _
Vehicle Make: _ _______ ____________________ _
Vehicle Model:
Vehicle Year:
Description of Vending Stand or Mobile Canteen (add photo)
Description of food and/or beverages to be sold:
Where the vending stand or mobile canteen is to be used for the sale of food and beverages,
the vendor may only operate the mobile canteen in accordance with the requirements of the
Health Act and its Regulations
Will the Vending Stand or Mobile Canteen contain any fuel fired appliance?
[ ] yes [ ] no
If yes, please describe:
If yes, a photo of the required fire extinguisher is required
Further terms and conditions (if pertinent):
TITLE:
Mobile Vending on Town Property Bylaw
SECTION:
Protective Services
BYLAW NO: C-10
Fee to be paid at time of Application:
$200
[ ] Cash
[ ] Cheque
[ ] Other
[ ] Fee Waived (Section 8(d))
I, ____________ (print name) certify that I have read and understand the Town
of Amherst Mobile Vending Bylaw and will only operate my vending stand/mobile canteen in
accordance with the conditions set out in the by-law.
I further certify that I will maintain my vending stand or mobile canteen in good working order and
that it will, at all times, comply with all provincial food handling standards. I understand that
failing to comply with the Town of Amherst Mobile Vending on Town Property Bylaw could result
in a fine ofup to $1000 for each violation of the Mobile Vending on Town Property Bylaw and
revocation of my vending pennit.
Signature of Applicant: ____________ Date: __________ _
Approved: [ ] Yes [ J No
Chief of Police /applicable Director or their designate
For Administrative Use Only:
I First reading:
t Notice of Intent:
Second Reading:
Notice of Publication and Enactment of Bylaw:
Notice to Service Nova Scotia & Municipal Relations:
VERSION LOG
i.
Remove the words "Streets
Chief of Police, Pike
and Sidewalks' from the title 1
of the bylaw and replace with
,___ __
'_'To_wn
_ Pr_,ope
", and further
Date: -----------
March 27, 2023
April 5, 2023
April 24, 2023
April 26, 2023
I April 28, 2023
Council
April 24, 2023
~
I 5
\
TITLE:
SECTION:
Mobile Vending on Town Property Bylaw
Protective Services
BYLAW NO: C-10
change
"vendors"
to
uvending"
2.
Adding new definitions that
Include:
a.
Vendor
b.
Vending
c.
Crosswalk
d.
Mobile Canteen
e.
Vehicle
3.
Prohibiting
vending
within
specific
distances of fire
hydrants, fire exit, driveways,
pollce/flre
stations,
or
crosswalks;
4.
Prohibiting the use of loud
speakers or devices to use
attract the attention of the
public;
5.
Prohibiting the use of a mobile
canteen or a stand where:
a.
Parking
Is
prohibited,
b.
It
creates
an
obstruction
for
vehicular
or
pedestrian traffic
c.
It
would
place
waiting customers
in a roadway or in
such a way as to
obstruct a sidewalk
6.
Use of a fuel fired appliance
requires an inspection by the
fire inspector prior to approval
and must have the appropriate
fire extinguisher on site
7.
Numerous changes to the
application whtch documents
Information on the equipment
used. Information about the
applicant
and
necessary
approvals
or
applicable
Insurance
8.
Vending permit Issued by the
town must be displayed
9.
Penalty changed to a fine not
exceeding $1000 and deleted
the
default
Imprisonment
portion.
10.
Allows the permit fee of $200
to be waived for vending
businesses
owned
and
operated by the youth of our
community
Minutes reference date: 21 September 1998