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## 1.0 AUTHORITY
This By-law is made pursuant to the Municipal Government Act, RSNS 1998, as amended from time-to-time and hereinafter referred to as the "Act".
Pursuant to Section 172 (c) and (f), Power to make by-laws, of the Act, Council may make by-laws for municipal purposes, respecting persons, activities and things in, on or near a public place or place that is open to the public, as well as to businesses, business activities and persons engaged in business.
Pursuant to Section 173, Mobile Canteens, of the Act, Council may regulate vending, any class of vending, mobile vendors and the placement of vending machines on the streets of the Municipality by by-law.
Section 172 (2) (e) of the Act enables municipalities to provide for a system of licenses, permits or approvals in any by-law.
## 2.0 PURPOSE
Municipality. The purpose of this by-law is to regulate mobile canteens within West Hants Regional
This By-law shall be known and may be cited as the Mobile Canteen Vending By-law.
## 3.0 DEFINITIONS
- (a) "CAO" means the Chief Administrative Officer of West Hants Regional Municipality;
- (b) "Council" means the Council of West Hants Regional Municipality;
- (c) "licensing authority" means the Development Officer for the Municipality who receives applications for licenses under this By-law;
- (d) "mobile canteen" means any vehicle which is required to be licensed and registered pursuant to the Motor Vehicle Act and is used for the displaying, storing, transporting of food and beverages for sale directly to the public by a vendor, saving and excepting the sale of direct products of the farm, forest or sea which are not cooked within the vehicle;
- (e) "Municipality" means the West Hants Regional Municipality;
## WEST HANTS REGIONAL MUNICIPALITY MOBILE CANTEEN VENDING BY-LAW
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## WEST HANTS REGIONAL MUNICIPALITY MOBILE CANTEEN VENDING BY-LAW
- (f) "person" means an individual, body corporate or non-profit organization;
## 4.0 APPLICATIONS AND LICENSING
- (a) All licenses issued in the Municipality shall apply only to the person or business receiving the license.
- (b) A license issued under this By-law shall be publicly displayed at all times at the site of the vendor's business.
- (c) All licenses issued in accordance with this By-law shall be signed by the licensing authority and Clerk and sealed with the seal of the Municipality and shall bear the date of issue;
- (d) Every application for a license shall be made in writing to the licensing authority, and shall contain:
- (i) the applicable fee as established in the Fees Policy;
- (ii) the name, mailing address, telephone number, and e-mail address of the applicant;
- (iii) the corporate or partnership or sole proprietorship business name, if applicable;
- (iv) the street address of the site of the proposed use;
- (v) the dates and times proposed for the use;
- (vi) written permission from the owner if the applicant is proposing to use a site which the applicant does not own.
- (e) The licensing authority shall notify the applicant within fourteen (14) business days of receipt of a complete application of the approval or refusal of the license.
- A license shall be in force for a specific period and shall expire at the conclusion of that period. An additional licence shall be required for any change in location or additional period of time for any licence.
## 4.1 Criteria for Licensing Mobile Canteens
- (a) No person shall operate any mobile canteen on private or municipal property without first obtaining and paying for a licence from the licensing authority. The mobile canteen must be operated in accordance with the licence issued.
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## WEST HANTS REGIONAL MUNICIPALITY MOBILE CANTEEN VENDING BY-LAW
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- (b) Mobile canteens shall only be permitted on privately-owned property within the Municipality, except during events or holidays where they may be permitted on property owned by the Municipality if the CAO is satisfied that the mobile canteen is a reasonable use of such property for the specific dates, and is one which will not interfere unduly with other municipal uses of the property.
- (c) Mobile canteens shall not be permitted to have a permanent direct connection to municipal water, wastewater or sewer service.
- (d) Mobile canteen licensees shall maintain appropriate solid waste bins for applicable streams of solid waste such as compostable, recyclable and residual solid waste and shall be responsible for tidy up and disposal of waste generated by the customers or staff of the Mobile Canteen.
- (e) Every application for a mobile canteen license shall be made in writing to the licensing authority, and shall contain, in addition to the items specified in 4.0 (d) above:
- (1) The mobile canteen name, and corporate name if applicable;
- (ii) A copy of the Motor Vehicle Inspection (MVI);
- (ili) A copy of the insurance;
- (iv) A copy of the food establishment permit, food handling certification and/or temporary event permit issued by the Province of Nova Scotia;
- (V) A site plan that shows the proposed location of the mobile canteen and of the existing structures on the lot, access to the property, parking, garbage collection receptacles, and any other items that may assist with the review of the application;
- (f) No licence shall be issued if the application is for a location where the relevant Land Use By-law does not permit restaurants, with the exception of community centre and church properties.
- (g) For events or holidays, the licensing authority shall consult with the Economic Development Manager and/or Event Coordinator prior to issuing the license. The Economic Development Manager and/or Event Coordinator shall notify the licensing authority of the maximum number and type of mobile canteens licences that shall be permitted for that event or holiday.
## 6.0 REFUSAL
The licensing authority shall refuse to issue a permit where:
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West Hants
- (a) the application requirements in Section 4.0 and/or 5.0 have not been met;
- (b) the Traffic Authority determines the proposed site is unsuitable having regard to pedestrian or vehicular traffic movement, access or safety;
- (c) the licensing authority determines the proposed location is not suitable in terms of zoning, lot size, setbacks, access, or available parking as specified in the relevant Land Use By-law;
- (d) for events or holidays, the maximum number and type of mobile canteens specified by the Economic Development Manager and/or Event Coordinator has already been reached or the CAO has declined permission to use municipal property.
## 7.0 REVOCATION
The licensing authority shall revoke a permit where:
- (a) the Motor Vehicle Inspection (MVI), insurance or food establishment permit, food handling certification and/or temporary event permit issued by the Province of Nova Scotia has expired or is revoked;
- (b) concerns about pedestrian or vehicular traffic movement, access or safety have been expressed by the Traffic Authority;
- (c) garbage or other waste is not adequately contained and disposed of on-site;
- (d) the licensing fee has not been paid up to date;
- (e) the licensee is in violation of any provision of this By-law or of any other By-law of the Municipality.
## 8.0 PENALTIES AND ENFORCEMENT
- (a) Any person who fails to comply with any of the provisions of this By-law or a license granted pursuant to this By-law, shall be liable on summary conviction to I penalty of not less than One Hundred Dollars ($100.00) and not more than On housand Dollars ($1000.00), and in default of payment imprisonment for period of not less than ten (10) days nor more than ninety (90) days.
- (b) The Municipality may apply to a Judge of the Supreme Court of Nova Scotia for an injunction or other order where:
- (i) Land is being used in contravention of this or any other By-law;
## WEST HANTS REGIONAL MUNICIPALITY MOBILE CANTEEN VENDING BY-LAW
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## WEST HANTS REGIONAL MUNICIPALITY MOBILE CANTEEN VENDING BY-LAW
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- (ii) A person is operating a mobile canteen without having paid the license fee or obtained and maintained in good standing a license; or
- (ili) A breach or continued breach or repetitive breach of this By-law is anticipated.
## 9.0 APPEALS
- (a) A decision of the licensing authority to refuse to issue or to revoke a license may be appealed to Council within fourteen (14) days of the decision of the licensing authority by written notice of appeal delivered to the Clerk.
- (b) Council shall convene an appeal hearing within 60 days of receipt of the appeal letter and may, following the appeal hearing, confirm or rescind the licensing authority's decision.
- (c) In hearing an appeal for a holiday or events license, Council may substitute its own opinion for that of the Economic Development Manager and/or Event Coordinator as to the maximum number of such licenses to issue for the event or holiday.
## 10.0 REPEAL
The Hawkers, Traders and Peddlers Bylaw, Bylaw #15, of the former Town of Windsor dated May 6, 1998 and the Temporary Vendor Bylaw, Bylaw #40, of the former Town of Windsor dated March 12, 2012 are hereby repealed.
- 1, Deanna Snair, Municipal Clerk of the West Hants Regional Municipality, the Province of Nova Scotia, do hereby certify that this is a true copy of the By-law as adopted by the Council of the West Hants Regional Municipality at a meeting duly called and held on the 26th day of April, 2022.
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Diana Drair
Deanna Snair, Municipal Clerk
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## WEST HANTS REGIONAL MUNICIPALITY MOBILE CANTEEN VENDING BY-LAW
| By-law Adoption | By-law Adoption |
|-----------------------------|--------------------|
| First Reading: | June 22, 2021 |
| Notice Published: | July 13 & 20, 2021 |
| Second Reading & Approval | July 27, 2021 |
| Final Publication | August 3, 2021 |
| Notice to Municipal Affairs | August 4, 2021 |
Description: provides the regulations and permit requirements for mobile canteens within WHRM
| First Amendment | |
|-----------------------------|----------------|
| First Reading: | March 22, 2022 |
| Notice Published: | April 5, 2022 |
| Second Reading & Approval: | April 26, 2022 |
| Final Publication: | May 3, 2022 |
| Notice to Municipal Affairs | May 5, 2022 |
Description: Amend the text of Clause 4.1 (f) of the Mobile Canteen Vending By-law to read as follows: "No licence shall be issued if the application is for a location where the relevant Land Use By-law does not permit restaurants, with the exception of community centre and church properties."
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