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C\ Espanola
e& ...@ fine paper town
BYLAW NO. 2226/09
A BYLAW TO PROVIDE FOR THE
LICENSING AND REGULATION
OF HAWKERS AND PEDDLARS
WHEREAS pursuant to Section 150 of the Municipal Act, 2001 allows a municipality to license,
regulate and govern any business wholly or partially carried on within the Municipality even if the
business is catried on from a location outside the municipality.
AND WHEREAS pursuant to Section 150 (4) proper notice of a public meeting was given and a
public meeting was held at which any person who attended had an opportunity to make
representation with respect to this bylaw.
AND WHEREAS putsuant to Section 150 of the Municipal Act, 2001 the Council of the
Corporation of the Town of Espanola is exercising its licensing powers under this section, including
imposing conditions, for the following purposes:
1) health and safety
il) nuisance control
lit) consumer protection
AND WHEREAS pursuant to Section 150 (2) the following type of business is licensed for the
following purpose:
HAWKER-PEDDLAR, for the purpose of consumer protection to prevent unfair or potential
unfair business practice, to ensure that the business is not a nuisance by hindering vehicles or
pedestrian traffic or causing a hazard in any way, to ensure the health and safety of its residents.
THEREFORE the Municipal Council of the Corporation of the Town of Espanola enacts as
follows:
Part 1
DEFINITIONS
Hawker-Peddlar
“Hawker-Peddlar” shall mean every person who goes from place to place or to a particular place
with goods, for the sale or hire of goods or services on an intermittent or one time basis; and the
display of samples, patterns or specimens of goods for the purpose of sale of hire shall obtain a
license for so doing from the license issuer.
Part 2
GENERAL PROVISIONS
2.1 License — application process
Applications for all licenses issued under the provisions of this bylaw and applications for
the renewal of such licenses;
a) shall be made to the Clerk’s office on form provided
b) when received by the Clerk’s office will be stamped with the date and time of receipt
and processed
2.2 License — application — full information required
Every applicant 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 set out in Schedule “A” of this bylaw and
b) completion of the license application attached as Schedule “B” in full, including for
hawkers and peddlers a full description of the goods, wares, merchandise that they
intend to sell or offer for sale under such license be provided
c) any other document or information as may be requited in any other part of this
bylaw
2.3
2.4
2.5
3.1
3.2
3.3
3.4
3.5.
3.6
3.7
3.8
License — application — subject to approval
2.3.1. Every application will be subject to approvals from such municipal departments or
agencies or other authorities as the Clerk Treasurer/Administrator considers may have an
interest ot as directed by Council, including but not limited to; Police Services, Public Works
Dept., Leisure Services, Fire, Regional Hydro, Sudbury & District Health Unit, Building
Controls, Administration/Planning.
2.3.2 Every application will be circulated.
2.3.3 No license shall be issued to any person in respect of any premises in which the
carrying on or operation of the business for which the application is being made is in
contravention of any bylaw of the Corporation, or any applicable Provincial or Federal
legislation. Failure to comply with applicable laws or regulations may result in the revocation
of a license issued under this bylaw.
License — term of expiry
A license issued under the provisions of this bylaw shall be valid only for the period of time
for which it was issued. All licenses shall expire annually on December 31, at 11:59 pm.
License — administrative fee — license refused or withdrawn
All business license fees are non-refundable if the application is refused for any reason or is
withdrawn by the applicant prior to the issuance of a license.
Part 3
HAWKER-PEDDLAR
Any petsons applying for a licence under this section, and operating from a set location,
rather than hawking or peddling from door to door, shall produce written approval at time
of application from the owners of the property on which they wish to stand and sell.
Approval shall also be required from the municipality to sell on municipally owned land or
highway right-of-way within the Town of Espanola.
Any person renting, leasing or allowing a hawker or peddlar to sell or show merchandise on
his property shall be responsible to see that the necessary licence has been purchased or shall
be liable to any and all fees and fines that are applicable in this bylaw.
No person shall operate or carry on or allow to operate or carry on as a Hawker and Peddlar
without holding a current valid license issued under the provisions of this bylaw, as set out in
Schedule “B”.
No person shall sell any goods, ware, merchandise other than those listed on the license.
Every person licensed under this Bylaw upon changing his address, shall give written notice
thereof to the Municipal Clerk within ten (10) days after such change, setting forth his new
addtess.
Any licence issued under this Bylaw is not transferable.
A license issued under this Section shall be valid for the term specified but shall expire on
the 31“ day of December.
No licence under this Bylaw shall be required for hawking, peddling or selling goods, wares
ot merchandise;
a) to wholesale or retail dealers in similar goods, wares, ot metchandise, or
b) if the goods, wares or merchandise are grown, produced or manufactured in Ontario
and are hawked, peddled or sold by the grower, producer or manufacturer of his
agent or employee having written authority to do so, in the municipality in which the
grower, producer or manufacturer resides, or
c) if the goods, wares or merchandise are grown or produced by a farmer resident in
Ontario who offers for sale or sells only the produce of his own farm, or
d) if the goods, wares or merchandise are hawked, peddled or sold by a person who
operates a business within the Town of Espanola, or by his agent, or
4.1
4.2
5.1
6.1
6.2
6.3
e) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the
grower, producer or manufacturer, acting on behalf of a dealer who pays property
taxes and or rents in the Town of Espanola in respect of premises used for sale of
such goods, wares or merchandise; ot
f) a consumer show open to the public or a trade show open by invitation or
registtation, the primary purposes of which are the display of goods and products
and not the direct sale of them.
g) by those persons or groups invited by the Town of Espanola whose wates, and
merchandise are being sold at a municipal event.
h) persons who ate agents or employees or non-profit, charitable organizations, who are
selling for the benefit of the charitable organization.
1) a craft show including the exhibiting or offering for sale, on a temporary
basis at one location by Canadian crafts people, goods, wares or merchandise which
they themselves have produced.
Part 4
LICENCE APPLICATIONS
Applications for licence(s) pursuant to the provisions of this by-law shall be filed with the
Clerk in the form annexed as Schedule “B” to this by-law, and all persons applying shall be
required to pay the fees as listed in Schedule “A” to this by-law.
A licensee may tenew his licence upon its expiry by making an application as if he were
making an original application, and the provisions respecting original applications shall apply
except that the licence fee payable shall be a licence renewal fee.
Part 5
INVESTIGATION OF APPLICATION
The By-law Enforcement Officer may inspect the equipment, vehicles and other personal
property used or kept for hire, at any reasonable time.
Part 6
PENALTIES
Any petson who conttavenes any provision of this By-law is guilty of an offence and liable
upon conviction for a penalty not exceeding $5,000.00 provided for under the Provinaal
Offences Act, as amended.
Schedules “A” and “B”, attached hereto shall form part of this By-law.
By-law 1808/05 is hereby repealed.
This by-law shall come into force and take effect on the date of passing.
That this bylaw be read a first, second and third time and finally passed in open Council on
this 8" day of December, 2009.
| ae
Bertie Senon | Jo MacKenzio/ 7
dministrator
Mayor
lerk Treasuret7A
C_\ Espanola
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SCHEDULE “A”
To Bylaw No. 2226/09
FEES
All fees payable under this by-aw ate required to be paid in full prior to the issuance of a license.
License Category
License Fee Renewal
Hawker/Peddlar
$500.00 $500.00
C-\ Espanola
C= ...a fine paper town
Application for:
REGISTRATION OF HAWKERS & PEDDLARS
SCHEDULE “B”
To Bylaw No. 2226/09
The registration of a business is governed by rules, regulations and conditions as set out in
Bylaw No. 2226/09 of the Corporation of the Town of Espanola.
Name of Applicant:
Address: Town/City:
Postal Code:
Telephone No.: Fax No.:
Email Address:
Driver’s License: Date of Birth:
Name of Business:
Location of Business: Date of Operation:
(Door to Door ) or (Indicate Address)
Is the Owner the same as the applicant: Yes ( ) No(_) If different than above please indicate name and
address
Type of Business:
(Wares to be Sold)
I hereby certify that all information contained on this application is correct in every respect.
Date Signature of Applicant
FOR OFFICE USE ONLY:
Completed Application Received: New business: Renewal:
Change of Ownership: Change of Name:
Change of Address:
Circulated to Depts./Agencies: Complies to zone regulations: Yes ___ No __
Circulated to:
Police Services O Leisure Services O)
Public Works Dept. CL] Fire Dept. C)
Espanola Regional Hydro C) Building Controls O
Health Unit CL] = Administration /Planning O
Other CL)
NOTICE UNDER
THE MUNICIPAL FREEDOM OF INFORMATION AND
PROTECTION OF PRIVACY ACT
Personal information and confidential third party information is being collected by the Corporation
of the Town of Espanola under the authority of the Municipal Act, 2001and will be used, maintained
and disclosed in accordance with the Municipal Freedom of Information and Protection of Privacy Act.
Information collected on this form and indirectly will be used for the following purposes:
1. To determine the eligibility of the applicant for business registration of licencing.
2. Information submitted by applicants may be shared with officials of the
Corporation of the Town of Espanola and the Espanola Police Service
who ate assisting the Issuer of Licences.
The Town Official who can answer questions about the collection and disclosure of information is:
Joel MacKenzie, Clerk Treasurer / Administrator
100 Tudhope Street, Suite #2, Espanola, ON P5E 186
Telephone: (705) 869-1540
Fax: (705) 869-0083
Email:
ACKNOWLEDGEMENT AND CONSENT
The applicant(s) signed this application on the day of , 20
and certifies that all information and statements made herein and supporting schedules and
documentation are accurate and complete, to the best of my/our knowledge and belief, and true and
is a true and complete statement in accordance with law.
I/We have read and understand the above NOTICE UNDER THE MUNICIPAL FREEDOM
OF INFORMATION AND PROTECTION OF PRIVACY ACT and consent to the indirect
collection of personal information by the Town of Espanola and consent to the use and disclosure
of such personal information as described in the above NOTICE.
I/We also acknowledge that employees of the Corporation of the Town of Espanola, the Espanola
Police Service or their authorized representatives may enter the subject business during hours of
normal operation in order to conduct inspections and monitor facility operations to verify
compliance with the Town’s bylaws and regulations.
IF A CORPORATION, PRESIDENT AND ONE DULY AUTHORIZED OFFICER MUST SIGN; IF A
LLP, ALL MEMBERS MUST SIGN; IF A PARTNERSHIP, ALL PARTNERS MUST SIGN; IF A SOLE
PROPRIETORSHIP, THE OWNER MUST SIGN. ATTACH AN ADDITIONAL SHEET IF
NECESSARY.
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