This is the exact embedded text of the captured official document.
Snapshot eedb7ec0973b · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
Seasonal Sales Area Bylaw
Title
1.
This bylaw is entitled the "Seasonal Sales Area Bylaw."
Purpose
2. This bylaw is intended to establish regulations for the installation and operation of
seasonal sales areas on Town property in the town of Mahone Bay.
3. For other types of temporary/seasonal vending, refer to the Temporary Vending
Bylaw.
Definitions
4. For the purposes of this bylaw, the following definitions will apply:
a. "Applicant" means a business owner or designate seeking or holding permits
from the Town to open a seasonal sales area. This person is also signatory of
all applications.
b. "Manager" means the Manager of Public Works and Transportation or person
holding an equivalent position or a designate of the Manager to carry out the
duties of the Manager as outlined in this bylaw.
c. "Owner" see "Applicant"
d. "Pedestrian Traffic" means any traffic that would normally be travelling along
the sidewalk including people walking and using assistive mobility devices
including walkers, motor scooters, strollers and prams, and children on
bicycles with adult accompaniment. Pedestrian traffic does not include
cyclists.
e. "Seasonal Sales Area" means an area located on Town property including on
the sidewalk and/or within one or more designated on-street parking spaces
in the public street right-of-way abutting the sidewalk directly in front of the
retail business that is being used to display and sell items they regularly sell in
their business. Food and beverage businesses may use seasonal sales areas
for seating and/or eating and drinking.
f. "Sidewalk" means the paved or concrete path for pedestrians along the
roadways of the town.
Locations and Hours of Operation
Permitted Areas
5. This bylaw covers retail or food and beverage businesses that have sidewalks
and/or parking spaces directly in front of their business.
6. The seasonal sales area must be an extension of an existing business and
conducted by the same business owner.
Times of Operation
7. Seasonal sales areas shall not be setup before May 1st in any calendar year.
8. Seasonal sales areas shall be removed by October 31st in any calendar year.
9. Seasonal sales areas shall be operated only during the regular operating hours of
the primary business.
Dimensions and Design
10. Seasonal sales areas shall not encroach on the free flow of pedestrian traffic,
requiring a 1600mm (5'3") unobstructed walkway be maintained on the regularly
used sidewalk.
11. Seasonal sales areas shall not extend onto the frontage of an abutting property.
12. Seasonal sales areas shall not be built upon an accessible parking space.
13. Seasonals sales area must conform to applicable building codes and accessibility
standards and to the following:
a. The base of the sales area must provide a smooth, level transition between
the existing sidewalk and the temporary structure
b. Have a stable, firm, and slip resistant surface
c. Street traffic shall be blocked at each edge of the sales area by triangular
shaped planters or other appropriate barrier, as approved by the Manager,
with a minimum weight of 1000kg and minimum height 60cm. The planters
shall be maintained with healthy plant materials at all times through the
duration of the seasonal sales area.
d. A fence or barrier must be installed along the street side of the sales area to
delineate the edge of the structure and prevent people from entering the
street
i. The fence or barrier shall be between 107cm (3ft) and 120cm (4ft) in
height
ii. The fence/barrier may provide partial visual screen but shall not be
opaque
iii. The fence/barrier shall not have any openings that permit the passage
of a sphere over 13mm in diameter
iv. Minimum edge protection of 100mm
14. A public barrier separating the seasonal sales area from pedestrian traffic is
required if the business has a license to serve alcohol that includes:
a. minimum height of 1.0m
b. minimum edge protection of 100mm
15. All parts of the seasonal sales areas (tables, chairs, umbrellas, awnings, etc.) shall be
contained in the approved area.
16. Any lighting of the seasonal sales area shall be of a temporary nature and shall not
project light onto adjacent properties, not conflict with traffic control indicators or
cause potential negative impacts to drivers using the street.
17. Landscaping of the area is encouraged but must be temporary in nature.
18. All elements of the seasonal sales area shall be designed and finished to a standard
that is consistent with the general appearance of the surrounding area.
19. All elements of the seasonal sales area shall be maintained in good repair and free
from hazards.
Application and Permitting Requirements
20. All seasonal sales areas require a permit. The applicant for a Seasonal Sales Permit
shall complete and application in a form prescribed on the Town website.
21. The application shall be accompanied by a site plan (drawn to scale) showing the
delineated area of the proposed seasonal sales area including the placement and
number of items and accessories to be located within the area. The plan should
include the placement of utility poles, hydrants, traffic signs or any other element
that is located within 2 metres of the edge of the seasonal sales area
22. The owner must pay the applicable permit fee with the submission of the
application
23. The review and permit initial decision will be completed within 30 days of receipt
of a complete application (all elements received and application fee paid)
24. Any other permits required are the responsibility of the applicant prior to
installation.
25. When a permit application is approved, the Manager will advise the adjacent
property owners of the seasonal sales area.
26. The permit must be displayed at the site of the seasonal sales area.
Access and Maintenance
27. The seasonal sales area owner shall maintain the seasonal sales area and the
immediately adjacent area in a clean and safe condition, free of hazards of all
times.
28. The owner shall ensure any refuse originating in the seasonal sales area is removed
from the street right-of-way.
29. The owner shall maintain an unobstructed pathway or a minimum of 1600mm to
the entrance of the main retail outlet.
30. The Town and the public utility agencies retain the right of entry to the seasonal
sales area and associated structures for the installation, maintenance and repair of
any utility related elements as may be necessary.
31. In case of emergency, entry shall be made without notice. For scheduled work, a
minimum of 48 hours notice will be given.
32. The Town retains the right of entry to seasonal sales areas for emergency vehicle
access.
Insurance
33. The owner of a seasonal sales area must carry a minimum of $2,000,000 liability
insurance for the operation of the area naming the Town as insured and must
indemnify the Town of Mahone Bay save it harmless form any and all claims of
injury to persons or damage to property attributable in whole or in part to the
existence, location, and operation of a seasonal sales area in the public right-of-
way.
34. The Town of Mahone Bay shall be notified 30 days prior to the cancellation of this
insurance.
Revocation or Suspension of a Permit
35. The Manager may suspend or revoke a seasonal sales area permit if:
a. The owner fails to comply with any term or condition of the Seasonal Sales
Area Bylaw
b. The permit was issued in error, or the permit was issued based on incorrect
information
c. The continued operation of the seasonal sales area unreasonably interferes
with the ability of the Town, or any utility, to have access to carry out
improvement or maintenance of any municipal infrastructure
36. If an application is refused or a permit is suspended or revoked, the owner will be
provided with a letter detailing the reasons for the action, the required changes
and a time frame in which to comply.
37. Should the seasonal sales area permit be revoked, or otherwise expire, and the
owner does not remove the area in the time prescribed, the Town may take such
actions deemed necessary to have the seasonal sales area removed. In this
instance, the owner will reimburse to the Town the cost of removal.
38. The fee for a Seasonal Sales Area is set in the Fees Policy.
Appeal
39. If the owner complies to the satisfaction of the Manager, the permit will be granted
and if the owner does not comply to the satisfaction of the Manager, the permit will
not be granted
40. If an owner is not satisfied with the decision of the Manager to deny or revoke a
permit, the owner may provide a request to Council to be heard, Council will hear
from the owner, and will deliver a written decision, through the Chief
Administrative Officer or Clerk within 15 days.
41. Any person who contravenes this bylaw shall be liable, upon summary conviction,
to a penalty not less than $250.00 and not exceeding $5,000.00 and in default of
payment, to imprisonment for a period not exceeding thirty (30) days.
42. Every day during which any such contravention or failure to comply continues shall
be deemed a fresh offence.
_________________________________________ ___________________________________________
Suzanne Lohnes-Croft, Mayor
Kelly Munroe, Town Clerk
This is to certify that the foregoing is a true copy of the bylaw passed at a duly convened
meeting of the Council of the Town of Mahone Bay, held the 26th day of February 2026.
Given under the hand of the Mayor and the Town Clerk and the seal of the Town of
Mahone Bay this 11th day of March 2026.
CLERK'S NOTATION
First Reading:
February 10, 2026
"Notice of Intent" Publication:
February 10, 2026
Second Reading:
February 26, 2026
Ministerial Approval:
N/A
Date of Publishing:
March 11, 2026
Forwarded to the Minister:
March 11, 2026
Forwarded to Town Website:
March 11, 2026
Penalties