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Office Consolidation
Vending By-law 21-62
(As Amended)
Consolidation
Action
By-law #
Date
Adopted
21-62
June 14, 2021
Amended
23-72
August 14, 2023
Disclaimer
The following consolidation is an electronic reproduction made available for information
only. It is not an official version of the By-law. The format may be different, and plans,
pictures, other graphics or text may be missing or altered. The Township of Clearview
does not warrant the accuracy of this electronic version.
The consolidation cannot be distributed or used for commercial purposes. It may be
used for other purposes only if this disclaimer is repeated. Official versions of all By-laws
can be obtained from the Township's Clerks Department by contacting
[email protected].
By-law 21-62
Page 2 of 18
By-law Number 21-62
The Corporation of the Township of Clearview
Being a By-law to license, regulate and govern the owners and drivers of
businesses within the municipality and to repeal and replace By-law 14-42
(Vending By-law)
Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a
local municipality may license, regulate and govern any business, wholly or partly
carried on within the municipality, even if the business is being carried on from a
location outside of the municipality;
And Whereas the Municipal Act provides that Council may delegate by by-law
some of its responsibilities associates with the licensing, regulating, and governing
of businesses to Township of Clearview staff;
And Whereas the Council of the Corporation of the Township of Clearview passed
By-law 14-42 (Licensing/Vending By-law) to license, regulate and govern owners
and drivers of businesses for the purposes of health and safety, consumer
protection and nuisance control within the municipality;
And Whereas Council at its meeting held on May 31, 2021, was presented with
report CS-029-2021 outlining proposed amendments to Vending By-law 14-42 as it
relates to types of licences, definitions, removal of duplication in the General
Regulations section, and addition of approval authorities;
And Whereas a Public Meeting was held on May 31, 2021, outlining the proposed
amendments to Vending By-law 14-42 and a Zoning By-law Amendment to clarify
the existing provision that shipping and moving containers are not to be used for
vending;
And Whereas for ease of reference to the public it is practical to repeal and
replace the current Vending By-law to encompass the proposed amendments;
And Whereas the Council of the Corporation of the Township of Clearview deems it
desirable and necessary to license, regulate and govern owners and drivers of
businesses;
Now Therefore Council of the Corporation of the Township of Clearview hereby
enacts as follows:
By-law 21-62
Page 3 of 18
1.
Definitions
1.1.
In this By-law the following definitions apply:
"Applicant" means a person applying for a new or renewing a License under this
By-law.
"Business" means any business wholly or partly carried on within a municipality
even if the business is being carried on from a location outside the municipality and
includes:
a) trades and occupations;
b) exhibitions, concerts, festivals and other organized public amusements
held for profit or otherwise;
c) the sale or hire of goods or services on an intermittent or one-time basis
and the activities of a Transient Trader;
d) the display of samples, patterns or specimens of goods of the purpose of
sale or hire.
"Certificate of Insurance" means a written document stating that insurance is in
the effect which includes general statement of policy's coverage including coverage
limits and effect dates, and;
The Licensee shall obtain Comprehensive General Liability Insurance satisfactory
to the municipality, including the following:
Issued in the amount of not less than $2,000,000 per occurrence $2,000,000
annual aggregate for any negligent acts or omissions by the licensee relating to
its obligations under this License. The municipality shall be named as an
additional insured.
"Clerk" shall mean the Clerk of the Corporation of the Township of Clearview, or
their designate.
"Council" shall mean the Council of the Corporation of the Township of Clearview.
"Fee" means a fee, in addition to the License fee, imposed by the Municipality on a
business at any time during the term of the License for costs incurred by the
Municipality attributable to the activities of the business.
"Fire Chief" means the Chief of the Fire Department of the Township of Clearview
or his or her designate.
"Fire Approval" means approval by the Township of Clearview Fire Department.
By-law 21-62
Page 4 of 18
"Food" means food or drink for human consumption, and includes refreshments,
confections, pre-packages, prepared, wholesale, bulk or catered.
"Food Premises" has the same meaning as in the Health Protection and
Promotion Act.
"Food/Refreshment Vendor" means a person, corporation, or other business
entity, who sells food or non-alcoholic drinks for human consumption and includes,
but is not limited to refreshments and confections including prepackages, prepared,
wholesale, bulk or catered food or the operator or proprietor of food premises.
"Food/Refreshment Vehicle" means any motor vehicles, trailer, as defined
under the Highway Traffic Act, or any other portable structure that is used for the
preparation and sale of food and or refreshments.
"Highway" means a highway as defined in the Municipal Act, 2001, and includes a
King's Highway as defined in the Highway Traffic Act, or a road, street, bridge or
highway laid out but not assumed for public use or established by by-law, whether
built by a person or corporate body.
"Individual" means a natural person and does not include a corporation,
partnership, or association.
"Issuer of Licenses" includes the Clerk of the Township of Clearview and their
designate or any person designated by the Township of Clearview.
"Licence Application" means an application to become a vendor.
"License" means an authorization issued under this By-law to carry on a business
specified therein and the document, certificate or card issued shall provide
evidence of such authority as the content may allow.
"Licensee" a person or owner as defined in this by-law who holds a License within
the Municipality granted under the provisions of this by-law.
"Licensing Office" means the Clerk or his or her designate of the Township of
Clearview or such other departments as the Council may designate.
"Licensing Officer" means the Clerk or their designate or a duly appointed
Municipal Law Enforcement Officer.
"Licensed Premises" means an establishment, which is referred to in a License
issued under this By-law.
"Merchandise Vendor" means a person, corporation, or other business entity,
who sells merchandise, goods or provides services.
By-law 21-62
Page 5 of 18
"Merchandise Vehicle" means any motor vehicles, trailer, as defined under the
Highway Traffic Act, or any other portable structure that is used for the purpose of
selling merchandise, goods or provides services.
"Motorized Sales" means sale of food or merchandise, or the provision of
services, which are primarily based from a motorized mobile unit which includes
any motor vehicle" as defined by the Highway Traffic Act, and includes Ministry of
Transportation licensed/plated trailers or any other trailer hauled by a motor
vehicle.
"Municipality" means the geographic area of the Township of Clearview.
"Non-resident" means a person who does not reside or have a regular place of
business in the Township of Clearview.
"Officer" means an employee of the Township of Clearview who is duly appointed
by Council as a Municipal Law Enforcement Officer and the Ontario Provincial Police,
Zoning Official, and Fire Department.
"Operator" includes a person who is alone or with others, who operates, manages,
supervises, runs or controls or directs a Business, and "operate" and "operation" and
other words of like import or intent shall be given a corresponding meaning.
"Owner" includes a person who is alone or with others, who owns and/or has the
ultimate control over a Business and/or who directs the operation of a Business
under this By-law and whose name appears on the License issue by the Township of
Clearview for such Business pursuant to the By-law.
"Permit" means a vendor permit issued by the municipality under this by-law.
"Permit Application" means an application to become a vendor.
"Person" includes a corporation and its directors and officers, sole proprietor, and
partnership and the heirs, executors, assignees and administrators or the other
legal representatives of an Individual and their respective successors and
assignees.
"Place of Business" means any place, premises or location, or part thereof, in
which a business is carried on, and including but not limited to a ship, store office,
a dwelling unit or vehicle.
"Private Property" means property that is privately owned by a person or
business.
"Public Property" means property owned by the municipality.
By-law 21-62
Page 6 of 18
"Regular Place of Business" means the place of business in which a business is
normally carried on, but does not include a place, premises, or location in which a
business is conducted on a one-time or temporary basis.
"Resident" means a person who resides or has a regular place of business in the
Township of Clearview.
"Sidewalk" means any public walkway, or portion of a highway between the curb
line or the lateral line of the roadway and the adjacent property line, intended for
the use of pedestrians.
"Sign" means any surface, structure and other component parts, which are used or
capable of being used as visual medium to attract attention to a specific subject
matter for identification, information or advertising purposes and includes an
advertising device or notice.
"Township of Clearview" means the Corporation of The Township of Clearview.
"Township Lands" means lands owned by the Township which includes but is not
limited to the full municipal road rights-of-way, municipal parks and recreation
facilities, and municipal hall property. The terms "street" and "public street" shall be
interpreted to include the full right-of-way including, but not limited to, the
travelled road, the boulevard, and sidewalks.
"Township Approved Event" means an organized event open to the public on
municipal lands approved by the Township. Such events do not include normal
private individual use of parklands such as family gatherings.
"Temporary" means not affixed to the ground; serviced by sewer or water; or
requiring a building permit pursuant to the Ontario Building Code, and such
vehicle, trailer, bicycle, cart, wagon, portable barbeque or tent can be easily
removed from a property by means of either its own power; hooking up behind a
vehicle by a built in hitch or packed up into a vehicle as in the case of a tent, cart,
wagon or barbeque.
"Vehicle" means every motorized and non-motorized vehicle from which food,
refreshments, merchandise, goods and services intended for immediate
consumption or purchase by the public, including, but not limited to, carts, wagons,
trailers, trucks and bicycles, irrespective of the type of motive power employed to
move the vehicle from one point to another.
"Vendor" means a person, corporation, or other business entity who sells
merchandise, goods, food, or provides services.
By-law 21-62
Page 7 of 18
"Zoning By-law" means a by-law enacted under section 34 of the Planning Act
that restricts the use of land within the geographical boundaries of the Township of
Clearview.
2.
Administration
2.1.
The Clerk is responsible for the administration and enforcement of this by-
law. The following administrative and legislative responsibilities are
delegated and assigned to the Clerk as follows, but not limited to:
a)
Preparing necessary documentation and form;
b)
Receiving and processing all application for Licenses and for
renewals of Licenses;
c)
Issuing Licenses when an application is made in accordance with and
in compliance with the provisions of this by-law;
d)
Maintaining records showing all applications received and
licenses issued.
2.2.
A license can only be issued where vending is temporary. All other vending
shall be at a regular place of business, as defined by this by-law.
2.3.
Every application for a new license or a renewal or extension of an existing
license shall be submitted to the Clerk in the form provided.
2.4.
An applicant that requests permission to operate from a stationary position
shall include a drawing showing the proposed location of all facilities
associated with vending and of adjacent structures, and setbacks to
property lines.
2.5.
Every application for a new license or a renewal or extension of a license
shall be accompanied by the full license fee, as set out in the applicable
schedules.
2.6.
A licensee is not eligible for the renewal or extension of an existing license
unless the licensee has provided an application form annually/per event
where required by the Clerk.
2.7.
If a food/refreshment/merchandise vendor is required to be set up on
private property, written permission from the property owner to operate
such vending is required.
2.8.
Applications for a license must be received by the Clerk's Office 45 days
prior to event.
By-law 21-62
Page 8 of 18
2.9.
Despite sections to the contrary, the full license fee shall be paid, regardless
of the date of application, if a person begins to carry on the business before
submitting an application for a new license.
2.10. Every application for a license will be reviewed to determine whether it
meets all of the general regulations set out in Part 3 General
Regulations, and any special conditions set out in the applicable schedule
for that business.
2.11. Adjustments in the rate structure will reviewed on a yearly basis.
2.12. a) Prior to issuance of a permit or license, the following departments and
Board shall be circulated for comments, inspection (if required) and
approval:
1. Building Department
2. Clearview Fire Department
3. Public Works Department
4. Planning and Development Department
b) If the application for vending is within the Creemore Business
Improvement Area boundaries, as outlined in Schedule B to this By-law, the
BIA Board of Management will be circulated the application to provide
comments only. The Board of Management has fourteen (14) days from
receipt of the application to provide their comments to the Township.
2.13. A permit or license shall not be issued without the concurrence of each of
these Departments with respect to the applicant meeting the standards and
requirements which those Departments administer.
2.14. Where an application is circulated to a department or board in accordance
with the applicable schedule for that business, the department or board may
require an inspection of the proposed place of business.
Reason for Licensing/Conditions:
2.15. When reviewing an application, the following matters are considered:
a) Health and Safety - to ensure that proper food handling procedures
are met, that all combustible materials are safely stored; to ensure that
equipment is operating safely and is inspected annually with the
applicable governing agency and that the operation is situated so as to
ensure the safety of pedestrians.
By-law 21-62
Page 9 of 18
b) Community Planning - to ensure that activities are compatible with
adjacent uses; to not interfere with the enjoyment of private property;
to not create traffic congestion or interference with pedestrians,
bicyclists and motorists; to meet community aesthetic and compatibility
standards; to not interfere with other businesses; and to govern
appropriate.
3.
General Regulations
3.1.
All vendors on either private or public lands shall require a license for the
current year or event unless exempt under Part 6 by this by-law.
3.2.
A license shall be required for each separate place of business on private or
public lands unless exempt under Part 6 of this by-law.
3.3.
Except as otherwise provided in the applicable schedule, a license is valid for
the specified period as outlined on the application.
3.4.
No person shall hold himself or herself out to be licensed if the person is not,
and a license is not transferable.
3.5.
A person shall carry on business only in the name in which the business is
licensed.
3.6.
For the purpose of this by-law, a business shall be deemed to be carried on
within the Township of Clearview if any part of the business is carried on in
the Township of Clearview, even if the business is being conducted from a
location outside the Township of Clearview.
3.7.
No person shall publish or cause to be published any representation that the
person is licensed under this by-law if the person is not licensed.
3.8.
No person shall carry on any trade, business or occupation for which a
license is required under this by-law: (i) if the license has expired or been
revoked; or (ii) while the license is under suspension.
3.9.
Certificate of Insurance naming the Township of Clearview as a third party
insured in the amount of $2 million dollars.
3.10. If work that requires a building permit under the Building Code Act is to be
undertaken on the property to be used for carrying on a business, a person
shall not submit an application for a license until the work has been
completed in accordance with the requirements of the Building Code Act.
3.11. Food/refreshment/merchandise vendor shall only be permitted on
By-law 21-62
Page 10 of 18
private/public lands where all of the following requirements are complied
with:
a) The subject lands are zoned for the proposed use in the Zoning By-law
b) the use and location will meet all applicable provisions of the
Comprehensive Zoning By-law with respect to yards, setbacks,
coverage, and parking;
c) The food/refreshment/merchandise vendor will not interfere with the
proper implementation and maintenance of an approved site plan;
d) The food/refreshment/merchandise vendor will not block or otherwise
interfere with a required ingress/egress, parking space, loading space,
truck turning area, aisle, pedestrian walkway, trail, drainage or storm
water management feature, municipal service, or fire route;
e) The food/refreshment/merchandise vendor shall not be located in a
required landscaping or open space area; and,
f)
The food/refreshment/merchandise vendor will not occupy more than
two parking spaces and will not reduce the number of available parking
spaces to less than the required number for all uses on the lot (for
clarity, the food/refreshment/merchandise vehicle shall only occupy
parking spaces surplus to the requirements for all other uses on the lot).
3.12. A person is not eligible to hold a license if the property to be used for
carrying on the trade, business or occupation does not conform with all
applicable law, including but not limited to the Fire Protection and
Prevention Act, 1997, the Ontario Fire Code, and the Health Protection and
Promotion Act.
3.13. It is the applicant's responsibility to obtain the required permit from
the Simcoe Muskoka Health Unit (if required under this by law).
3.14. Where any food is prepared or served, the following regulations apply:
a) The operation and maintenance of any off-site food premises shall
conform with the requirements of the Health Protection and Promotion
Act and the Food Premises Regulation;
b) If the Health Unit finds that the operation and maintenance of a
refreshment vehicle do not comply with the requirements of the Health
Protection and Promotion Act and the Food Premises Regulation, the
Clerk may suspend the license until the situation has been rectified.
3.15. Despite Section 3.8 a conditional license may be issued to the applicant if it is
determined that there are deficiencies found by the relevant inspectors that
By-law 21-62
Page 11 of 18
can be remedied within a specified time frame in order to come into
compliance, and if the deficiencies are not likely to be a danger to the public.
3.16. Any conditional licenses shall clearly state the duration of the temporary
license, and if the applicant fails to come into compliance with any Act or
Code within the time specified then the license shall become null and void.
3.17. A person is not eligible to hold or continue to hold a license if the operation
of his or her business does not conform with the applicable standards and
requirements of: (1) every By-law of the Township of Clearview; (2)
every Provincial or Federal Act and regulation made under such an Act;
and (3) every instrument of a legislative nature made or issued under a
Provincial or Federal Act or Regulation, including standards and
requirements with respect to the qualifications of the persons carrying on
or engaged in the business and with respect to the vehicles and
equipment used for the purposes of the business.
3.18. Food/refreshment/merchandise vending shall not carry on business on any
highway except:
a) at a construction site where the highway has been closed to traffic or
on private property which has private property permission to enter onto
a property for their sales; or, where the Clerk's Office has issued a
permit for a sidewalk
a) location. Orders:
3.19. Where any order issued by the Clerk has been appealed or where there
has been no appeal requested, the Clerk may suspend or revoke the
license.
3.20. The Clerk may modify, uphold or quash an order issued by the Clerk.
3.21. A licensee shall display the license permanently in a prominent place in his
or her place of business or as outlined in the applicable schedules.
Display of License:
3.22. Every vendor shall display the license permanently in a prominent place in
his or her business and shall include the types of food
/refreshments/merchandise to be sold and the address of any off-site
premises at which food is to be prepared and cooked; In the case of
vehicles and other equipment used for the purposes of the business, a
licensee shall display the license or evidence of the license prominently on
each vehicle and other equipment.
By-law 21-62
Page 12 of 18
3.23. A licensee who does not have a place of business shall carry the license on
his or her person at all times while carrying on the business.
3.24. Every licensee shall produce the license for inspection on the request of an
Officer.
3.25. Every licensee shall maintain his or her place of business in a clean and
sanitary condition, with adequate measures for the storage and disposal of
garbage and waste and sufficient levels of illumination to permit the safe use
of the premises.
3.26. No licensee or employee of a licensee shall discriminate in the carrying on of
the trade, business or occupation against any member of the public on the
basis of race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, age, marital status, family status or disability.
3.27. No licensee or employee of a licensee shall refuse to permit a person to
enter and remain in a place of business or other premises used for the
business to which the public are customarily admitted for the reason that he
or she is a disabled person accompanied by a service animal.
3.28. Only non-alcoholic refreshments are permitted.
3.29. No vendor shall sound a horn, utilize a loudspeaker, or other signaling
device in connection with the conduct of business on weekdays between the
hours of 7:00 p.m. of one day to 7:00 a.m. of the next day; and on
weekends and holidays between the hours of 7:00 p.m. of one day to 11:00
a.m. of the next day. At no time shall the use of a horn, loudspeaker or
signaling device create a disturbance to adjacent uses. Such uses, including
lighting, shall also not create a hazard to traffic.
3.30. A limitation to the number of licenses issued under the provisions of this by-
law may be established by resolution of council at any time.
3.31. Where combustible materials are used, an application shall include a
certificate of inspection from a licensed gas fitter annually and a TSSA form
is required to be submitted.
3.32. No vendor shall stop, park or otherwise carry on business from a motorized
or non-motorized vendor vehicle for the purpose of selling or offering for
sale any food, refreshments, products or services, at a distance of less than
one hundred metres (100 m) from any intersection or less than two
hundred meters (200 m) from any school grounds, any business
establishment or any other area or building in which similar products are
sold, unless specifically authorized by the municipality to do so in the
condition of the permit.
By-law 21-62
Page 13 of 18
Vehicles:
3.33. Where an application is to operate out of a vehicle, the following additional
regulations apply:
a) An application for a refreshment/food/merchandise vehicle license shall
include a copy of the vehicle registration and of a current inspection
certificate indicating that the vehicle meets the requirements of the
Highway Traffic Act;
b) The dimensions of the food/refreshment/merchandise vehicle shall not
be greater than 6.7 metres in length and 2.6 metres in width.
4.
Inspection and Powers of Entry
4.1.
In order to assess and determine compliance with the provisions of this by-
law, including the determination of an unlicensed business, an Officer may at
any time of day or night enter the premises licensed under this by-law and is
entitled to access, and may at any reasonable time inspect any premises
used for the business, and the equipment, motor vehicles, records,
documents and other personal property used or kept for hire in the carrying
of the business, and may remove documents or things that are relevant to
the licensed business for the purpose of making copies or extracts. An
Officer shall return such documents within twenty-four hours of removal.
Under this section an Officer must provide five (5) days written notice to the
business of entry onto premises.
4.2.
Every person carrying on a trade, business or occupation for which a license
may be required under this by-law shall allow, at any reasonable time, an
Officer of the Township of Clearview to inspect their place of business and
any other premises, equipment, vehicles or property used for purposes
related to the trade, business or occupation, other than a room or place
actually being used as a dwelling, to determine compliance with the
requirements of this by-law.
4.3.
No person shall obstruct, hinder or otherwise interfere with an Officer of the
Township of Clearview while carrying out an investigation, making inquiries,
or performing an inspection for the purposes of performing is duty under this
by-law or enforcing this by-law.
4.4.
No licensee shall construct or equip a place of business or other premises
used for the business so as to hinder the enforcement of the by-law.
By-law 21-62
Page 14 of 18
5.
Power to Refuse/Renew/Revoke or Suspend Licence
5.1.
The Clerk or their designate may refuse to issue a Licence, refuse to renew a
Licence or may revoke or suspend a License or impose terms and conditions
on a License.
5.2.
If it is determined that an application meets the requirements of this by-law
and all circulated agencies, the Clerk will issue the license if the licence fee
has been paid.
5.3.
If it is determined that an application does not meet the requirement of this
by-law or is objected to by a circulated agency, the Clerk will refuse in
writing to issue the license and will refund the license fee.
5.4.
If, at any time the Clerk determines, as a result of evidence that is provided
that the operation of a licensed business does not conform to the
requirements of this by-law, they may suspend or revoke the license. A
written request must be filed with the Clerk to appeal this decision.
5.5.
A person whose application for a new license or a renewal of license has
been refused or a person whose license has been suspended or revoked
may, within fourteen days (14) of being notified of the Clerks decision, may
apply to Clearview Township Council for a review of the decision. The Clerk
shall notify all commenting departments and boards, as required.
5.6.
If no appeal is registered by the owner/operator or licensee holder within
fourteen days (14) of the notice from the Clearview Township Council, the
recommendation of the Clerk is final.
5.7.
The Clerk, upon receipt of a written request from the Applicant of Licensee
within the time limit specified in section 5.5, shall schedule a hearing before
the Clearview Township Council and send written notice of the hearing to the
parties, which notice may be personally delivered, sent via facsimile, by
email or sent by regular or registered mail, to the address in the application
unless the request for a hearing specifies a different address. The Clerk shall
notify all commenting departments and boards, as required.
6. Exemptions
6.1.
The requirement to obtain a license under this by-law does not apply to
those persons or classes of business that are exempted in a schedule to this
by-law.
6.2. The Township of Clearview is exempt from the provisions of this by-law.
6.3. A vendor operating out of a regular place of business as defined herein.
By-law 21-62
Page 15 of 18
6.4.
Notwithstanding any other provisions of this by-law, any vendor selling
products or merchandise at a Township approved event only and not at any
other location within the Township of Clearview, the following shall be
exempt from the requirement to obtain a License under the provisions of
this by-law:
i)
those operating in accordance with the "Township of Clearview Special
Events By-law and Policy" or as approved by the Clerk.
ii)
vending in association with a permit issued in accordance with Township of
Clearview By-law 05-30, the "Sidewalk" By-law
iii)
vending in permanent fixed facilities in municipal buildings under separate
contract with the municipality;
iv)
vending in a farmer's market on municipal lands under separate contract
with the municipality;
v)
vending on municipal road right-of-way where the municipality has
temporarily closed the street for the purpose of a Township approved event
or vending in a park or on other municipal lands, each in accordance with a
permit issued by the municipality.
vi)
properties under the Zoning By-law which are permitted to have an
accessory farm produce roadside retail stand.
vii)
not for profit sales; sale of food or merchandise, or the provision of services
where: a majority of the proceeds are provided to the Municipality; the
proceeds support a recreational, cultural or other community organization
benefitting residents of Clearview Township, or a registered not for profit or
charitable organization as defined in the Income Tax Act, or a public
education institution.
7.
Schedules
7.1. That Schedule A and Schedule B attached hereto, form part of this by-law.
8.
Offence and Penalty Provisions
8.1.
Every Person who contravenes this by-law is guilty of an offence and on
conviction is liable to a fine not exceeding one hundred thousand dollars
($100,000) as provided for in the Municipal Act, 2001, as amended.
8.2.
Notwithstanding Subsection 8.1, every person who is guilty of a continuing
offence, on conviction is liable to a fine or no less than five hundred dollars
($500.00), and no more than ten thousand dollars ($10,000) for each day or
By-law 21-62
Page 16 of 18
part of a day that each offence continues, and the total of all fine of each
offence is not limited to one hundred thousand dollars ($100,000) as
provided in the Municipal Act, 2001, as amended.
8.3.
If this by-law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
9.
Conflict with Any Other By-law
9.1.
In the event of any conflict between any provisions of this by-law and any
other by-law hereto are passed; the provisions of this by-law shall prevail.
10.
Short Title
10.1. That this by-law shall be cited as the "Vending By-law".
11.
Repeal
11.1. That By-law 14-42 is hereby repealed and replaced.
12.
Effective Date
12.1. That this by-law shall come into force and effect on the date of final passing
thereof.
By-law Number 21-62 read a first, second and third time and finally passed
this 14th day of June, 2021.
________________________________
Doug Measures, Mayor
____________________________________
Sasha Helmkay, Clerk
By-law 21-62
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By-law 21-62
The Corporation of the Township of Clearview
Schedule A - Classification of Licences
Class A - For Profit or Commercial, Motorized Sales
Means sale of food or merchandise, or the provision of services, which are primarily
based from a motorized mobile unit which includes any motor vehicle" as defined by
the Highway Traffic Act, and includes Ministry of Transportation licensed/plated
trailers or any other trailer hauled by a motor vehicle.
Class B - For Profit, or Commercial, Non-motorized Sales:
Means sale of food or merchandise, or the provision of services, which primarily
based from a non-motorized, muscular powered, or stationary equipment or tent
and shall include but not be limited to bicycle carts, wagons, portable barbeques,
tables and cool
By-law 21-62
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