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THE CORPORATION OF THE
TOWN OF FORT ERIE
SCHEDULE "6" - By-law No. 217-05
HAWKERS AND PEDLARS
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1.
DEFINITIONS
In this Part:
(a)
"Community Event" means a community event with the proceeds to be
donated to a bonafide local charitable or not-for-profit organization;
(b)
"Hawker" or "Pedlar" includes:
(i)
any person who goes from place to place, or to a particular place,
with goods, wares or merchandise for sale, or who carries and
displays samples, patterns or specimens of any goods, wares or
merchandise for which orders are taken and that are to be
delivered in the Town afterwards, and
(ii)
any retailer which has an employee or agent who goes from place
to place or to a particular place with goods, wares or merchandise
for sale, or who carries and displays samples, patterns or
specimens of any goods, wares or merchandise for which orders
are taken and that are to be delivered in the Town afterwards;
(c)
"Local retailer" shall mean any individual or business which provides for
the selling or offering for sale of goods or services at a building or
structure located within the Town of Fort Erie which is subject to property
tax in the Town.
2.
PURPOSE OF BY-LAW
The purpose of the licensing of Hawkers and Pedlars relates to matters of Health
and Safety, and Consumer Protection and Nuisance Control.
3.
LICENCE FEE
The annual licensing fee shall be as established in Schedule "LLS-A" of
By-law
No. 40-09 as amended or superseded from time to time.
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SCHEDULE "6" - HAWKERS AND PEDLARS
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4.
CONDITIONS
4.1
The following classes of "Hawker" or "Pedlar" are hereby established:
Class 1 - "Door to Door Sales" and "Sales Person"
(a)
Shall include any business, person or organization that has sales
conducted on his/her or its behalf by door to door solicitation.
(b)
Shall include any person involved with the sale of goods on a door
to door basis including sales persons or agents and any person
supervising or managing the sale or sales persons.
Class 2 - "Temporary Sales"
(a)
Shall include temporary sales or businesses for a period of up to
three (3) months in any one year from one specific location where
the use is permitted under the Zoning By-law and may include the
use of a temporary structure where the use is permitted in the
Zoning By-law.
(b)
Shall include the sale of fireworks for a one to seven day period
from one specific location where the use is permitted under the
Zoning By-law and may include the use of a temporary structure or
a vacant commercial lot where the use is permitted in the Zoning
By-law. Such applicant shall comply with any Fireworks By-law of
the Town.
Class 3 - "Multi-Vendor Sales"
The operator is required to obtain one licence to cover all vendors at the
following events:
(a)
Antique/Collectible Show: Shall include the exhibiting or offering
for sale, on a temporary basis, at one location, antique or collectible
goods, wares or merchandise.
(b)
Craft Show: Shall include the exhibiting or offering for sale, on a
temporary basis, at one location by craftspeople, goods, wares or
merchandise which they themselves have produced.
(c)
Trade Show: Shall include the exhibiting or offering for sale, on a
temporary basis, at one location by several manufacturers or
distributors, goods, wares or merchandise which they themselves
have produced or manufactured or are distributing on behalf of the
producer or manufacturer; but, excludes a consumer show open to
the public or
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SCHEDULE "6" - HAWKERS AND PEDLARS
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a trade show open by invitation or registration only, the primary
purpose of which is the display of goods and products and not the
direct sale of them, and also excludes a consumer show or trade
show operating as an integral part of a convention or conference.
(d)
Farmers' Market: Shall include the exhibiting or offering for sale,
on a temporary basis, at one location, produce, baked goods and
other goods, wares or merchandise. The operator shall provide
proof of permission to operate from the property owner, obtain
zoning clearance and ensure that all relevant inspections and
approvals have been obtained including fire and health.
Class 4 - General
Shall include any "hawker" or "pedlar" excluding Classes 1 to 3 as defined
in Section 4.
4.2
Operation without valid licence - prohibited
No person shall, in the Town:
(a)
Carry on the business of hawker or pedlar; or
(b)
Be engaged in services to the public in connection with the
business of a hawker or pedlar; or
(c)
Operate a multi-vendor sales event or operate a place where others
may offer for sale and sell goods, wares or merchandise to the
public contrary to this part of this by-law;
without holding a current valid licence for such business issued under the
provisions of this By-law and Schedule.
4.3
Licence - of employee - transferable
Notwithstanding Part 3 of this by-law, the licence of an employee of a
hawker or pedlar requiring their own licence shall be transferable to
another employee upon the return of the original licence issued by the
Town and upon the completion of an application form by the new
employee.
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SCHEDULE "6" - HAWKERS AND PEDLARS
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4.2
Exemption - from licence - other circumstances
Notwithstanding Section 4.2 of this Schedule, no Hawkers and Pedlars
Licence or fee shall be required for hawking, peddling or selling goods,
wares or merchandise:
(a)
For wholesale or retail dealers in similar goods, wares or
merchandise; or
(b)
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 tax in the Town in respect of
premises used for the sale of such goods, wares or merchandise;
or
(c)
For local farmers who are carrying out "temporary sales" if the
produce they are selling is being sold from their own property and
has been grown and harvested by them; or
(d)
If the goods, wares or merchandise are hawked, peddled or sold at
a community event or by a bonafide charitable or not-for-profit
organization for fundraising purposes or events operated and
managed by a Business Improvement Area Board of Management.
However, the applicant shall obtain all relevant inspections and
approvals including fire and health. A licence shall be issued and
posted by the said organization for the sale of fireworks; or
(e)
If the goods, wares or merchandise are hawked, peddled or sold at
a Farmers' Market operated and managed by a Business
Improvement Area Board of Management. However, the applicant
shall obtain all relevant inspections and approvals including fire and
health; or
(f)
If the local licenced retailer is operating at an alternate temporary
location provided that the goods, wares or merchandise offered for
sale at the temporary location are the same goods, wares or
merchandise offered for sale continuously when the local retailer is
open for business at their permanent location for at least three (3)
months prior to their application for the hawkers and pedlars
licence.
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SCHEDULE "6" - HAWKERS AND PEDLARS
4.5 Public parks and beaches
No person licenced, or required to be licenced, as a "hawker" or "pedlar"
shall carry on the business of a hawker or pedlar in any public park or
Town-owned beach park in the Town except as follows;
(a)
At the discretion of the Coordinator, Community Liaison and
Business Licencing and the Director, Infrastructure Services or
designate, a hawkers and pedlars licence may be issued for the
selling of goods, wares or merchandise in any public park.
(b)
At the discretion of the Coordinator, Community Liaison and Business
Licencing and the Director, Infrastructure Services or designate, a
hawkers and pedlars licence may be issued for the selling of goods,
wares or merchandise on Bay Beach to a maximum of four (4)
licenses issued on a first come, first served basis, subject to any
reasonable requirements imposed thereon including the variety of
items, safety and accommodation.
4.6
Restricted Licenses
Licenses for the selling of goods, wares or merchandise by hawkers and
pedlars shall be restricted to two (2) licenses for commercial properties.
These licenses shall be on a first come, first served basis, renewable
annually.