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THE CORPORATION OF THE VILLAGE OF BURK'S
FALLS BY-LAW 04-2026
BEING A BY-LAW TO REGULATE AND LICENSE MOBILE FOOD VENDORS,
HAWKERS & PEDDLERS AND PAWNBROKER
WHEREAS Sections 150 and 151 of the Municipal Act, allows a municipality to license,
regulate, provide standards and govern any business wholly or partly carried on within the
municipality, even if the business is being carried on from a location outside the municipality;
and
WHEREAS the Corporation of the Village of Burk's Falls does hereby deem it advisable to
license Mobile Food Vendors, Hawkers and Peddlers and Pawnbroker; and
WHEREAS Section 128 of the Municipal Act, 2001, provides that without limiting sections
9 and 11, a local municipality may prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or cause
public nuisances;
| WHEREAS pursuant to Section 113 of the Municipal Act 2001, S.O. 2001, c 25, Council may
pass by-laws for establishing, maintaining and operating markets and for regulating such
markets and any other markets located within the municipality.
NOW THEREFORE the Municipal Council of the Corporation of the Village of Burk's Falls
hereby enacts as follows:
Tis DEFINITIONS
a) "BUSINESS" shall mean any business wholly or partly carried on within the municipality
even if the business is being carried on form a location outside the municipality;
b) “BY-LAW ENFORCEMENT OFFICER or MUNICIPAL ENFORCEMENT OFFICER”
shall mean the person appointed by by-law to the Village of Burk’s Falls for the
purpose of administering and enforcing the provisions of this by-law;
c) “CHARITABLE " shall mean an organization which is created primarily for a charitable
object or purpose in Ontario, is operated not for profit, and includes a religious
organization or minor sports group.
d) "CLERK" shall mean the Village of Burk's Fall Municipal Clerk or his/her designate;
e) "COMMUNITY EVENT" shall mean an event facilitated by a non-profit or charitable
organization in the interest of community engagement,
f) "FARMERS MARKET" shall mean a designated place in which vendors collectively
gather to sell produce, products and wares crafted or produced by the vendor or locally
within Ontario;
g) "FLEA MARKET" shall mean a gathering of vendors selling secondhand wares;
h) "HAWKER AND PEDDLER" shall mean a person who travels from place to place, or
to a particular place, for an intermittent or one-time period for the purpose of
preparation and or selling or delivering goods in the municipality afterward; and who
carries and displays goods for immediate sale or delivery or for which orders are taken
with delivery to follow;
i) “LICENSE” shall mean a license issued by the Municipality under the provision of this
by-law;
j) “LICENSEE” means any person licensed under this By-law.
k) “MUNICIPALITY” shall mean the Corporation of the Village of Burk’s Falls;
1) “OWNER?” shall refer to the person who is managing or responsible for the overall
operations of a business requiring a license;
Page 1 of 10
THE CORPORATION OF THE VILLAGE OF BURK'S
FALLS BY-LAW 04-2026
BEING A BY-LAW TO REGULATE AND LICENSE MOBILE FOOD VENDORS,
HAWKERS & PEDDLERS AND PAWNBROKER
m) "PAWNBROKER’ means a person who carries on the business of taking by way of
n)
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q)
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a)
b)
c)
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e)
g)
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pawn or pledge any article or secondhand goods for the repayment of money lent
thereon.
“PAWN SHOP" means a place where the business of a pawnbroker is carried on and
includes any area where any such goods are stored or the business is carried on and
all relevant documents pertaining to the conduct of operating a pawn shop.
“REFRESHMENT VEHICLE” shall mean any means of transportation including
muscular powered propelled vehicles, in which food and or drink can be prepared
for public consumption.
“SECONDHAND” GOODS DEALER" means a person who carries on the business
of selling secondhand goods.
" SECONDHAND GOODS SHOP" means a place in which a secondhand goods
dealer exercises the trade of receiving or taking on consignment any secondhand
goods for resale and includes any area where any such goods are stored or the
business is carried on and all relevant documents pertaining to the conduct of
operating a secondhand goods shop.
“SHORT TERM" shall mean an event which lasts no more than 48 hours.
"VILLAGE" shall mean The Corporation of the Village of Burk’s Falls.
LICENSING PROCEDURES:
For the purpose of this By-law, Council delegates its licensing authority and the
administration of this By-Law to the Municipal Clerk.
e Without limiting the provisions of this section, Council shall remain the deciding
authority in the event the Municipal Clerk recommends the refusal, suspension or
revocation of a license under this By-law.
e The Municipal clerk may delegate the performance of his/her functions under this
By-law.
An application for a mobile food vendor and or Hawker and Peddler license shall be
submitted on a form provided and designed for that purpose.
The fee payable for a license shall be in accordance with the “Fees and Charges By-law’,
as amended from time to time, and shall be payable upon submitting an application.
Every License applied for pursuant to this By-Law shall be subject to the following
inspections/approvals where required:
All applications subject to:
* i) Zoning approval
* ii) Building Department approval
* iii) Fire Department approval
The following approvals are required based on the type of business
e iv) Health Unit approval where required
e vv) boards, commissions, authorities or agencies as the Clerk considers may
have an interest or potential interest in the application, and who may submit
comments or recommendations to the Clerk in respect of the application
Approvals must be received from each department/agency as set out in Section d.
Before a License is issued.
No license under this By-law is transferable.
Every license issued under this By-law shall expire on the date specified in the license
and shall be valid only for the calendar year in which it is issued. Notwithstanding the
foregoing, the Municipal Clerk may revoke a license at any time if, in the opinion of the
Municipal Clerk, the provisions of this By-law have not been complied with.
Page 2 of 10
4.
4.14
a)
b)
qd)
THE CORPORATION OF THE VILLAGE OF BURK'S FALLS
BY-LAW 4-2026
BEING A BY-LAW TO REGULATE AND LICENSE MOBILE FOOD VENDORS,
HAWKERS & PEDDLERS AND PAWNBROKER
PROHIBITIONS:
No person shall operate a refreshment vehicle, Farmers Market, Flea Market or Hawk
and/or Peddle or Pawnshop or Secondhand shop within the Municipality without first
obtaining a license for such an operation from the Municipal Clerk of the Municipality
as per Schedule “A”.
No person shall operate a mobile food vendor and or Hawker and Peddler or
Pawnshop or Secondhand shop without a license.
No person shall operate a mobile food vendor and or Hawker and Peddler or
Pawnshop or Secondhand shop with a suspended or revoked license.
The licensee shall conform to the requirements and conditions of the license throughout
the license term.
€) No person shall obstruct a By-law Officer in the performance of any duty under this By-law.
dq)
9)
9)
h)
LICENSING REQUIREMENTS:
The Municipal Clerk shall have regard to the following criteria when determining whether
to issue a license for a mobile food vendor and or Hawker and Peddler or Pawnshop or
Secondhand shop.
That operating the business will not pose a risk to the health and safety of Village
residents or visitors.
Whether the applicant has conformed with the provisions of all relevant Village by-laws
and regulations
Every applicant shall furnish the Municipal Clerk with proof of coverage to the extent of
two million ($2,000,000) liability insurance and shall identify the Village of Burk's Falls as
an additional insured party. Such policy shall contain an endorsement specifically stating
the Municipality shall be given a minimum of thirty (30) days written notice of any changes,
expiration or cancellation of such policy.
The Village of Burk's Falls reserves the right to waive license applications and fees to
applicants which are not-for profit or charitable organizations or for Municipal short-term
event.
Applicants seeking to establish services on private property must provide written consent
from the property owner identifying consent.
That, where a Hawker and Peddler will operate from a fixed location, the Applicant has
submitted a site plan showing relevant site features including but not limited to vehicle and
pedestrian entrance and exits and structure description.
That, where a Hawker and Peddler will operate from place to place, the Applicant
shall provide a map showing the locations they intend to visit and approximate timeframes
or dates for visiting said locations.
Any building erected onsite for the purpose of Hawking, Peddling or for any form of a
Market is required to comply and show proof of a valid building permit.
Vendors which will operate less than 2 (two) days in a 7 (seven) consecutive day period
are required to take down and remove each vendor stall and any affiliated apparatus
daily.
Vendors which will operate more than 3 (three) days in a 7 (seven) consecutive day
period are permitted to remain in place for duration of the license.
Page 3 of 9
a)
b)
e)
THE CORPORATION OF THE VILLAGE OF BURK'S FALLS
BY-LAW 4-2026
BEING A BY-LAW TO REGULATE AND LICENSE MOBILE FOOD VENDORS,
HAWKERS & PEDDLERS AND PAWNBROKER
HAWKERS AND PEDDLERS:
Licensees allow for a total of 10 feet by 10 feet vendor space, additional space requires
the purchase of an additional permit.
As per the Zoning By-law any additional or accessory building which shall be utilized for
the purpose of Hawking and or Peddling, shall conform to the prescribed standards in
the Zoning By-law and Official Plan.
No person shall go from place to place or to a particular place with goods, wares or
merchandise for sale or carry and expose samples, patterns or specimens of any goods,
wares or merchandise that are to be delivered in the Village afterwards without being
licensed to do so under the provisions of this by-law.
The applicant at the time of making application for license shall furnish the Municipal
Clerk with true copies of all forms of contract, promissory notes or other documents
intended to be used by the applicant in connection with the sale of goods, wares or
merchandise as aforesaid.
Every person licensed under this By-law upon changing his/her address shall give
written notice to the Municipal Clerk within ten (10) days after such change, setting forth
his new address.
Every person who applies for a license under this By-law shall apply in writing on forms
to be provided by the Village as set out in Schedule "A" and shall be fully completed.
Exemptions may be granted to those operators or groups whose wares or merchandise
will be sold at community events.
No licence under this By-law shall be required for the hawking, peddling, or selling of
goods, wares, or merchandise:
i. to wholesale or retail dealers in similar goods, wares, or merchandise.
ii. where the goods, wares, or merchandise are grown, produced, or
manufactured in Ontario and are hawked, peddled, or sold by the grower,
producer, or manufacturer, or by their agent or employee having written
authority to do so, within the municipality in which the grower, producer, or
manufacturer resides.
iii. where the goods, wares, or merchandise are hawked, peddled, or sold by a
person who operates a business within the Village of Burk’s Falls, or by their
employee or agent, at the business’s existing location; or
iv. by persons or groups whose goods, wares, or merchandise are sold by a not
for-profit or charitable organization within the Village of Burk’s Falls.
Page 4 of 10
THE CORPORATION OF THE VILLAGE OF BURK'S FALLS
BY-LAW 4-2026
BEING A BY-LAW TO REGULATE AND LICENSE MOBILE FOOD VENDORS,
HAWKERS & PEDDLERS AND PAWNBROKER
6. REFRESHMENT VEHICLE
a)
c)
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b)
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No person shall operate a refreshment vehicle within the Municipality without having
first obtained a license to commence such an operation from the Municipal Clerk of
the Municipality.
Every owner shall take out a separate license for each refreshment vehicle owned or
operated by them. Temporary licenses must be obtained by those persons who are
operating for a specific time period, or, at a community event on a short-term basis.
Sales of refreshments shall be made on properties which are in conformity with the
Official Plan.
No person shall operate a refreshment vehicle or obtain a municipal license without first
having obtained and maintaining Certificate from the Medical Officer of Health.
No Person shall operate a refreshment vehicle without having first obtained and maintain an
inspection report from a licensed propane service provider and provided a copy to the Village
of Burk's Fall Municipal Clerk, if required.
No person shall operate a refreshment vehicle that has a cooking operation producing
smoke or grease vapors without having first obtained and maintaining an inspection
report from the Burk's Falls & District Fire Department.
No person shall operate a refreshment vehicle unless the license is displayed in a
prominent position inside the refreshment vehicle.
No person shall operate a refreshment vehicle within a distance of 150 feet from any
restaurant or any other eating establishment unless operated by the same
owner/operator. Such distance shall be measured from the building where the eating
establishment is located.
No person shall sell confections or refreshments or any other food items unless the
application form is approved, and the fees are paid in full.
PAWNBROKER:
Operation - without license - prohibited
No person shall carry on the business of a pawnbroker or secondhand goods dealer within
the limits of the Village without having first obtained a license for such pawnbroker or
secondhand goods dealer as provided for in this By-Law. A secondhand goods dealer does
not included flea markets, secondhand bookstores, secondhand clothing stores or
secondhand car dealers.
No person shall, by virtue of one license, carry on business as a pawnbroker or secondhand |
goods dealer in more than one shop.
Any license issued pursuant to the provisions of this By-Law shall be displayed in a
conspicuous place in or on the premises where a pawnbroker or secondhand goods dealer
is carrying on the business of a pawnbroker or secondhand goods dealer.
Where two or more persons carry on a business as pawnbrokers or secondhand goods
dealer in partnership in the same shop, only one license is necessary.
Any person requiring a new license for a year following the date of expiry of any
previous license shall apply for the new license in the same manner as any new applicant.
Every applicant for a pawnbroker or secondhand goods dealer license shall provide in
full, at the time the application is submitted, all of the information requested on the
application form as well as:
(a) payment of the prescribed license fee; and
(b) in the case of a pawnbroker's license, security in the amount of $2,000 to the village
in a form satisfactory to the Treasurer (which security shall be maintained in effect for so
long as the applicant holds a pawnbroker's license); and
Page 5 of 10
9)
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THE CORPORATION OF THE VILLAGE OF BURK'S FALLS
BY-LAW 4-2026
BEING A BY-LAW TO REGULATE AND LICENSE MOBILE FOOD VENDORS,
HAWKERS & PEDDLERS AND PAWNBROKER
(c) a current Criminal Records Check for all listed owners and managers; and
(d) any other document or information requested by the Clerk or designate.
Every application will be subject to approvals from such municipal or provincial departments
or agencies, as the Clerk deems necessary.
A license issued under the provisions of this Chapter shall not be transferable and is valid
only in respect of the person and the premises named therein.
No license shall be issued to any person in respect of any premises in which the carrying
on or operation of the trade, calling, business or occupation for which the application is
being made is in contravention of any by-law of the Village.
Each license granted under this By-Law shall be for one year from January 1 in the current
year and expires on the 31st of December one year after issuance or sooner if the license so
indicates.
Applications for a renewal of a license must be received by the Clerk or designate on or
before the 31st day of December in the year preceding the year for which the current
license is intended to be renewed.
Every licensee shall notify the Clerk within seven days of any change in his/her business
or home address.
Clerk may revoke any license granted under this Chapter at any time if it deems it in
the public interest to do so and, in such event, the licensee shall be given a refund of the
license fee is proportionate to the unexpired term of the license.
Every person operating a pawn shop or secondhand goods shop shall carry a minimum of
$2,000,000 comprehensive general liability insurance and shall furnish proof of such
coverage to the satisfaction of the Village prior to being licensed.
The Clerk or designate shall not refuse to issue, suspend or revoke a
pawnbrokers/secondhand goods dealer license to an applicant except where:
(a) the past or current conduct of the applicant or license holder affords reasonable
grounds for belief that the pawnbroker/ secondhand goods dealer is not Carrying on
or will not carry on the business of pawnbroker/secondhand goods dealer in
accordance with the law and with integrity and honesty; or
(b) there is reasonable grounds for belief that the carrying on of the business of
pawnbroker/secondhand goods dealer in respect of the license by the applicant or
license holder has or will result in a breach of this By-Law or any other applicable
law; or
(c) the applicant or license holder is a corporation or partnership and its conduct or the
conduct of its officers, directors, employees, agents or partners affords reasonable
grounds for belief that the pawnbroker/secondhand goods dealer business has or will
not be carried on in accordance with the law and with integrity and honesty; or
(d) there are reasonable grounds for belief that the premises, accommodations,
equipment or facilities in respect of which the license is required do not comply with
the provisions of this By-Law or any other applicable by-law; or
(e) the conduct of the license holder or other related circumstance afford reasonable
grounds for belief that the carrying on of the business of pawnbroker/secondhand
goods dealer in respect of the premises for which the license is sought would infringe
on the rights or endanger the health or safety of any other members of the public; or
(f) the fee payable in respect of the license has not been paid; or
(g) the applicant is in default with respect to any financial or other obligation to the
Village.
No person shall obstruct a person inspecting or withhold, destroy, conceal or refuse to
furnish any information or thing required by a person inspecting for the purpose of this
By-Law.
Issuance - rejected - cancelled - suspension - as per the General Provisions contained
herein.
Page 6 of 10
r)
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FEE:
THE CORPORATION OF THE VILLAGE OF BURK’S FALLS
BY-LAW 4-2026
BEING A BY-LAW TO REGULATE AND LICENSE MOBILE FOOD VENDORS,
HAWKERS & PEDDLERS AND PAWNBROKER
No licensee shall purchase, take in exchange or receive any secondhand goods, article or
thing from any person under the age of fourteen years of age without written authority
from a parent or guardian of such person.
Every licensee shall ensure that a seller presents one piece of identification that is integrated
with a photograph:
(a) a valid driver's license;
(b) a passport issued by the government of origin;
(c) a"Bring Your Identification" card issued by the Liquor Control Board of Ontario;
(d) a certificate of Canadian Citizenship issued by the Government of Canada;
(e) a Conditions Release Card issued by Correctional Services of Canada; or
(f) a student card.
Every licensee shall ensure that prior to purchasing, taking a pledge, taking in exchange
or taking on consignment any secondhand goods, a record is made in a recording
system approved by the Ontario Provincial Police or designate of:
(a) the day, month, year and time of the transaction;
(b) the full name, date of birth, and address of each seller; |
(c) the full particulars of the seller's identification;
(d) a detailed description of each secondhand good sufficient to identify it including, |
where applicable, make, model, serial numbers, markings, titles and any other
identifying numbers, letters or designs;
(e) the purchase or consignment price of each secondhand good or a description
of the item exchanged for it; and
(f) the clearly marked name of the person conducting the transaction.
The Clerk shall notify the holder of a pawnbroker or secondhand goods dealer license by
registered mail, when he/she has cause to believe on reasonable grounds that any of the
information which an applicant or holder of a pawnbroker or secondhand goods dealer license
is obliged to supply or has supplied is inaccurate that unless the inaccuracy, ncn-compliance
or contravention is corrected within thirty days, the license shall be revoked.
The Clerk shall notify the holder of a pawnbroker or secondhand goods deaier ticense by
registered mail when he/she receives information that the pawnbroker or secondhand goods
dealer does not comply with all applicable requirements under a statute,
Regulation or by-law that, unless the inaccuracy, non-compliance or contravention is
corrected within thirty days, the license shall be revoked.
The Clerk shall notify the holder of a pawnbroker or secondhand goods dealer license
when he/she has cause to believe that an order issued under the authority of a court with
competent jurisdiction has been disobeyed by the holder of the pawnbroker/secondhand
goods dealer license that, unless the inaccuracy, non-compliance or contravention is
corrected within thirty days, the license shall be revoked.
Non-compliance - license - revoked - notice - see License Requirements
a) The fee to be paid to the Municipality for a license pursuant to the provisions of this by-law
shall be in the amount as prescribed in the current Fees and Charges By-law.
Page 7 of 10
9 PENALTIES
a) Every person who contravenes any provision of this by-law is guilty of an offence and on
conviction is liable to a fine as provided for in the Provincial Offences Act.
b) Any persons convicted of a breach of any of the provisions of this by-law by a Provincial
Court Judge or competent jurisdiction thereafter any, in addition to any other penalty
imposed on the person convicted, issued an order prohibiting the continuation or
repetition of the offence or the doing of any act by the person convicted directed towards
the continuation of the repetition of the offence.
10 ENFORECEMENT
a) The provisions of this By-law shall be enforced by the By-Law Enforcement Officer or
other appointed Municipal Officer for the Village of Burk's Falls.
11 ENACTMENT
a) This by-law shall take effect on the date the Order for the set fines is approved by the
Ontario Court of Justice
10. REPEALS:
a) By-law 30-2024 is hereby repealed.
AS READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL |
THIS DAY OF 20% DAY OF JANUARY 2026.
Mayor Chris Hope
SEAL <I2oKk >
CAO-Clerk Denis Duguay
Page 8 of 10
= Mobile Food Vendor, Hawker and/or Peddler Application
Jillag ’s Falls
Vi www.burksfalls.net
For comprehensive definitions and regulations, consult by-law 04-2026
LJ NEW APPLICATION LJ RENEWAL APPLICATION
NAME OF APPLICANT (LICENCE GRANTED TO) NAME OF BUSINESS (OPERATING AS)
MAILING ADDRESS BUSINESS ADDRESS (LOCATION TO BE LICENSED)
CITY POSTAL CODE CITY POSTAL CODE
HOME PHONE CELL PHONE BUSINESS PHONE FAX
E-MAIL ADDRESS (For correspondence purposes)
MOBLE FOOD VENDOR [_] HAWKER/PEDDLER[_] HOURS/DAYS OF OPERATON
DOOR TO DOOR SALESL_] OTHER LJ
PROVIDE A DESCRIPTION OF THE WARES TO BE SOLD UNDER THIS LICENSE
REQUIRED ATTACHMENTS OF DOCUMENTATION (where applicable)
Proof of valid insurance, with $2,000,000.00 (two million) liability coverage, listing the Village as an additional insured party LC]
Building permit if required
Rental Agreement with Private Property Owner C]
Public Health Certificate of Approval (all regulations and requirements must be met)[__]
Fire Department written approval
LOCATION OF PROPOSED STRUCTURE/BUSKER/MARKET WILL BE ESTABLISHED
SIZE OF PROPOSED STRUCTURE
PROPOSED OPENING DATE (M/D/Y)
SIGNATURE TITEE DATE (M/D/Y)
| have the authority to bind the business/corporation
NAME IN FULL (PLEASE PRINT)
FOR OFFICE USE ONLY
LICENCE FEE PAYMENTMETHOD = CASH [] DEBIT [_]
CHEQUE [_]
BUILDING DEPT. IF STRUCTURE | DOCUMENTATION RECEIVED DATED ISSUED
IS OVER 10X10 YESL_] No[_]
COMMENTS
Village of Burk’s Falls
Pawnbroker Business License Application
www.burksfalls.net
For comprehensive definitions and regulations, consult by-law 04-2026
LJ NEW APPLICATION LC] RENEWAL APPLICATION
NAME OF APPLICANT (LICENSE GRANTED TO) NAME OF BUSINESS (OPERATING AS)
MAILING ADDRESS BUSINESS ADDRESS (LOCATION TO BE LICENSED)
CITY POSTAL CODE CITY POSTAL CODE
HOME PHONE CELL PHONE BUSINESS PHONE FAX
E-MAIL ADDRESS (For correspondence purposes)
| hereby authorize the Chief of Police to forward a security clearance to the Village of Burk’s Falls for use in connection with my
application for a business license, as required.
$2000 SECURITY DEPOSIT REQUIRED FOR LICENSING (NEW ONLY) YEs[__] No[_]
PROPOSED OPENING DATE (M/D/Y)
SIGNATURE TITLE DATE (MI/D/Y)
| have the authority to bind the business/corporation
NAME IN FULL (PLEASE PRINT)
FOR OFFICE USE ONLY
LICENCE FEE PAYMENTMETHOD = CASH [J DEBIT [|
CHEQUE [_]
BUILDING DEPT Zoning only POLICE DEPARTMENT
COMMENTS
SECURITY DEPOSIT PROVIDED
DATE RECEIVED PROOF OF INSURANCE RECEIVED
DATED ISSUED