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## Title
1. This By-Law is entitled the "Vending By-Law".
## Definitions
- In this By-Law:
- (1) "abutter" means the owner, lessee or occupier of any premises or lot in the Town of New Glasgow which abuts a Town street or sidewalk;
- (2) "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;
- (3) "linear meters" means the length of the longest dimension of a fixed stand;
- (4) "mobile canteen" means a vehicle used for the display, storage, transportation or sale of food or beverages by a mobile vendor;
- (5) "mobile stand" means a stand having any wheels with a diameter in excess of 10 cm. or having or designed to have removable wheels of such diameter, and each such stand capable of being moved as a separate unit shall be counted as a separate mobile stand;
- (6) "mobile vendor" means a person or entity that makes sales from a stand that is intended to be temporary;
- (7) "non-mobile stand" means a stand that is not a mobile stand;
- (8) "public places" means:
- (a) streets;
- (c) property owned by the Province of Nova Scotia that is open to the public; and
- (b) property owned by the Town of New Glasgow;
- (d) public parks and trails; and "in, on or near a public place" includes locations that are
- (i) driveways, parking lots, and vacant or undeveloped lots any portion of which is within 25 metres of a public place; or
- (ii) visible from a public place;
## Town of New Glasgow Vending By-Law #41
- (9) "roadway" means that portion of a street between the curb lines or the traveled portion of a street designed for vehicular traffic and, except where the context indicates otherwise, includes a crosswalk;
- (10) "sidewalk" means that portion of a street between the curb line and adjacent property line or any part of the street especially set aside for pedestrian travel and separated from the roadway;
- (11) "stand" includes a table, showcase, bench, rack, pushcart, wagon or wheeled vehicle or device that can be moved without the assistance of a motor and is used for the display, storage, transportation or sale of food, beverages or other merchandise by a mobile vendor;
- (12) "street" means a public street, highway, road, lane, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts and retaining walls in connection therewith;
- (13) "vend" or "vending" means the sale, or offering for sale, outside an enclosed building of:
6. (a) food, beverages or other merchandise, unless they are immediately delivered to a residence or shop by the person selling them;
7. (b) services, unless they are provided in a building;
- (14) "vending machine" means a mechanical or electronic device that:
9. (a) is operated by the introduction of a coin, counter or slug; and
10. (b) dispenses food, beverages, goods, wares or services, including newspapers and other publications; and
## Vending on Abutting Streets or Land
3. On the streets, or portions of streets and on properties abutting them, vending carried out at nonmobile stands by abutters who operate a retail commercial enterprise in the abutting property, during the hours that the abutting retail commercial enterprise is open for business does not contravene this By-Law if it is carried out in compliance with Section 16 of this By-Law and Outdoor Cafes & Eating Areas Bylaw.
## Prohibition
4. Except as expressly authorized by Sections 3 of this By-Law, no person shall otherwise vend in, on or near a public place in the Town of New Glasgow except in accordance with the terms and conditions of a Vending Permit.
5. In accordance with, and subject to, the provisions of this By-Law, Vending Permits may be obtained for the vending:
- (1) of food and beverages at mobile canteens on streets and at specifically identified other locations;
- (2) of food and beverages and other merchandise or services at stands at specifically. identified locations;
6. All Vending Permits shall be obtained by application through the Town of New Glasgow Planning Office. The application for a Vending Permit, or an amendment to a Vending Permit, shall be made in writing, in duplicate, on such form as may be specified by the Town of New Glasgow from time to time, and signed by the person applying therefore. Every application for a Vending Permit shall contain the following information:
- (1) the name, postal and civic address and phone number of the applicant;
- (2) the maximum number of
4. (a) mobile canteens;
5. (b) mobile stands;
6. (c) linear meters of non-mobile stands;
- (3) whether the application is for a vending permit:
8. (a) for a full year;
9. (b) for a season of 6 months or less, and, if so, the dates of the season for which the permit is sought; or
10. (c) for one or more occasions on less than 10 days in any year, and if so, the dates for which the permit is sought;
- (4) in the case of permits for mobile canteens:
12. (a) the provincial motor vehicle registration number and description by make, model, and year of any vehicles to be used by the applicant as a mobile canteen;
13. (b) confirmation that the applicant will
14. = maintain throughout the period for which the permit is sought, insurance for third party liability on each mobile canteen in an amount of not less than $5,000,000.00 million per occurrence and must indemnify the Town of New Glasgow safe and harmless, from 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 mobile canteen in a public place as defined herein. (ii) only allow the mobile canteen to be driven by operators with valid operators' permits of the requisite class for that type of vehicle, and
15. (c) a description of the foods and beverages to be sold at each mobile canteen;
16. (iii) only operate or allow the operation of the mobile canteen in accordance with all requirements pursuant to the Health Act and Regulations and other applicable enactments;
17. (d) a description of the areas in the Town of New Glasgow in which each mobile canteen will sell food and beverages to the public;
18. (e) a photograph of each mobile canteen;
- (5) in the case of permits for stands:
20. (a) where the stand is to be used for the sale of foods and beverages, confirmation that the applicant will only operate or allow the operation of the stand in accordance with all requirements pursuant to the Health Act and Regulations and other applicable enactments;
21. (b) a description of the foods and beverages or other merchandise or services to be sold at each stand;
22. (c) where the stand is a mobile stand:
23. (ii) a photograph of each mobile stand or, where several stands have the same appearance, of each type of mobile stand;
24. (i) a description of the areas in the Town of New Glasgow in which each mobile stand will sell food and beverages to the public; and
25. (d) where the stand is a non-mobile stand:
26. (i) the precise location, described by civic address and a plan diagram showing the sidewalk dimensions and all other dimensions relevant to the provisions of this By-Law, at which the stand will be operated; and
27. (ii) the maximum dimensions of the stand and a description of whether it is a table, bench, showcase, or rack;
- (6) the permit fee pursuant to Section 7; and
- (7) where applicable, the civic address of any public places other than streets at which the applicant seeks permission to vend, along with written authorization from the owner of such property for the vending to occur there.
30. The fee for a Vending Permit shall be as indicated in the following Table:
31. A Vending Permit shall not be issued in respect of vending goods or services that are not permitted to be vended, or the vending of which is regulated, by valid Federal, Provincial statutes or regulations or by-laws of the Town of New Glasgow, except in accordance with such regulatory requirements, and compliance with such regulatory requirements shall be deemed to be a term and condition of every Vending Permit.
9. Subject to the other provisions of this By-Law, the Town of New Glasgow shall issue a separate numbered Vending Permit, containing terms and conditions consistent with this By-Law and the permit application, for each mobile stand, or mobile canteen and for each non-mobile stand location, which, complies with the requirements of this By-Law.
10. In the event of a change in ownership of the person owning a mobile canteen, mobile stand or non-mobile stand for which a permit has been issued, or a substitution of a new mobile canteen, mobile stand or non-mobile stand for one for which a permit has been issued, the owner, or the new owner in the case of a change in ownership, shall notify the Town of New Glasgow in writing of the applicable new information and the Permit shall be amended accordingly without a fee.
| | One Year Permits | Seasonal Permits (less than 6 mos.) | Occasional Permits (less than 10 days) |
|------------------------------------------------------------|--------------------|---------------------------------------|------------------------------------------|
| Mobile Canteen (fee per canteen) | $450.00 | $225.00 | $75.00 |
| Mobile Stand (fee per stand) | $450.00 | $225.00 | $75.00 |
| Non-Mobile Stand (fee per linear meter or portion thereof) | | $350.00 | $200.00 | $50.00 |
11. A Vending Permit shall remain in effect for a period of not more than one year from the date of issuance.
12. The Town of New Glasgow may refuse to issue, renew or amend, or may revoke or suspend a Vending Permit for breach of this or any other By-Law or of the terms or conditions of a permit upon notice to an applicant or permit holder.
13. A person aggrieved by a decision of the Town of New Glasgow pursuant to Section 8 may appeal that decision to Council within 15 days of its mailing to the applicant or permit holder, by written notice of appeal to the Chief Administrative Officer for the Town of New Glasgow.
14. After the hearing of an appeal, Council may confirm, rescind or vary the decision of the Town of New Glasgow.
15. A Vending Permit issued under this By-Law shall be conspicuously displayed on the mobile stand, or mobile canteen or on or next to a non-mobile stand to which it relates 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.
16. No person, with or without a Vending Permit, shall:
- (1) where a mobile canteen is proposed in a public place (excluding streets), vend in any area of the Town of New Glasgow not listed in Schedule "A": Areas for Operation of Mobile Canteens to this By-Law
- (2) vend within 100 meters 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;
- (4) leave any stand or mobile canteen unattended on a street;
- (3) vend between e.g. 10:00 p.m. and 8:00 a.m. of the following day;
- (5) sell food or beverages for immediate consumption unless there is available for public use a suitable litter receptacle for the use of customers;
- (7) allow any items relating to the operation of a stand, or mobile canteen to be placed anywhere other than in, on or under the stand, or mobile canteen;
- (6) leave any vending location without first picking up, removing and disposing of all litter, trash or refuse associated in any way with the vending activity;
14. (8)
- (10) when vending from a mobile canteen:
- (9) 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 his wares to the disturbance of the public;
17. (a) vend when the mobile canteen is situated in a no parking area, or in area in which parking is prohibited at that time;
18. (b) vend when the mobile canteen obstructs a roadway;
19. . (d) vend within twenty-five feet of any driveway entrance to a police or fire station, or within fifteen feet of any other driveway other than a driveway for property on which the vending is lawfully occurring;
20. (c) vend when customers or persons apparently waiting to become customers are standing in a roadway;
- (e) vend when customers or persons apparently waiting to become customers are obstructing the traffic of pedestrians on a sidewalk;
- (11) when vending from a stand:
- (a) situate a stand or vend from a stand situated in a roadway;
- (b) vend when there is snow or ice on the sidewalk;
- (c) vend so as to obstruct the traffic of pedestrians, or wheelchairs, and without limiting the generality of the foregoing, a minimum width of 1 meter of sidewalk shall be left unobstructed between the curb and a stand situated on a sidewalk, or between the stand and the nearest building or other obstruction to the interior of the sidewalk;
- (d) vend when customers or persons apparently waiting to become customers are standing in a roadway;
- (e) vend within five feet of an entrance way to any building, except a building owned by the permit holder or with permission of the occupant;
- (f) vend within twenty-five feet of any driveway entrance to a police or fire station, or within fifteen feet of any other driveway, other than a driveway for the property on which the vending is lawfully occurring;
- (g) vend within twenty-five feet of the crosswalk at any intersection;
- (h) allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property, without the owner's/occupier's permission.
- (12) vend from a fixed stand with a width in excess of 1.25 meters.
## Penalty
17. Any person who contravenes any provision of this By-Law is punishable on summary conviction by a fine of not less than $50.00 and not more than $100.00.
*Special note - All special events held within the Town are not impacted by this Bylaw.
## Schedule "A" Areas for Operation of Mobile Canteens
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1s Reading
1s' Advertisement
2nd Reading
May 15, 2017
May 27, 2017
June 19, 2017
Final Advertisement June 24, 2017
1, Lisa M. MacDonald, CAO of the Town of New Glasgow do hereby certify that the foregoing is a true copy of a bylaw duly passed at a duly called meeting of the Town Council duly convened and held on the 19th day of June, 2017.
Given under the hand of the Town Clerk and under the seal of the said Town this 10th day of July,
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