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TOWNSHIP OF GEORGIAN BAY
BY-LAW 2014-56
BEING A BY-LAW FOR LICENSING, REGULATING AND GOVERNING
TRANSIENT AND ITINERANTTRADERS, FOR REGULATINGVENDING IN
STREETS, AND
FOR REGULATING AND GOVERNING REFRESHMENT
VEHICLES
WHEREAS the
Municipal
Act, 2001,
c.25,
provides
that
municipalities
may
pass
by-laws
to establish
a system
of licenses
with
respect
to
businesses;
AND WHEREAS the Municipal Act, 2001, c.25 provides
that municipalities
may pass
by--laws to prohibit
the carrying
on or engaging
in a business
without a license
NOW THEREFORE the
Council
of The Corporation
of The Township
of
Georgian
Bay enacts
as follows:
Section
1: Definitions
For the purpose
of this by--law the following definitions shall apply:
"Applicant" means
the
person
who applies
for a license under
this by--
law;
"Clerk" shall mean
the
Clerk or designate
for The Corporation
of The
Township
of Georgian
Bay.
"Council" shall mean
the Council of The Corporation
of The Township
of
Georgian
Bay;
"Designated
area" means an area designated
for the parking
of vehicles
for the purpose
of selling
products
there from or an area designated
for
the purpose
of vending
from a portable
display
unit located in such area
and that is not
part
of a highway and is zoned
by the Township's
bylaw
to permit
a commercial
or
industrial
use
and
for
a
mobile
eating
establishment
or seasonal
stand also including areas
zoned
recreation
open space,
park/open
space
or community
facility;
"Fire Department"
means the Chief of the Georgian
Bay Fire Department
or his/her designate;
"Highway"
includes
the
entire
right-of--way of a common
and
public
highway,
street,
avenue,
parkway,
driveway,
square,
place,
bridge,
viaduct
or trestle,
any
part
of which
is intended
for or used
by the
general
public for passage
of vehicles
and includes the area between the
lateral
property
lines thereof;
"Itinerant
Trader"
shall include any person
who goes from place to place
or to a particular
place with goods, wares or merchandise
for sale or who
carries
and exposes
samples,
patterns
or specimens
of any goods, wares
or merchandise
that are to be delivered
in the municipality
afterwards;
"Medical Officer of Health" shall mean the Medical Officer of Health for
Simcoe--Muskoka Health Unit or a duly authorized
designate;
"Mobile eating
establishment"
shall
mean
any vehicle,
trailer,
cart
or
other structure
not placed
on a permanent
foundation
which is equipped
for
cartage,
storage
and
the
preparation
of food
stuffs,
beverages,
Page
1 of 9
confections
and such
items
are offered
directly
for consumption
to the
general
public,
and includes a chip wagon,
a mobile canteen
and other
refreshment
vehicles;
"Municipality" shall mean The Corporation
of The Township
of Georgian
Bay;
"Person" shall mean
any human
being, firm, partnership,
incorporated
company,
corporation,
association
whether
incorporated
or
unincorporated,
agent
or trustee,
and the heirs, executor
or other legal
representatives
of a person
who whom the context
can apply according
to law;
"Municipal Law Officer" shall mean an individual appointed
by by--lawor
other
agencies
designated
by Council
who
are
responsible
for the
administration
of this by--law;
"Seasonal
Stand"
shall mean any building, stand
or shed of any kind or
refreshment
vehicle
installed
seasonally
on Township
property
licensed
by this by-law
which is equipped
for the preparation,
storage,
heating,
cooling
or sale
of food stuffs
without
limiting
its generality
commonly
known as a "stand";
"Technical
Safety
Standards
Association"
(TSSA) means
the Provincial
ministry
responsible
for requirements
of various
safety
and technical
standards
and for fuel storage
and handling,
pressure
vessels, hazardous
materials;
"Transient and Itinerant
Traders
License" shall mean a license issued
by
the municipality
in accordance
with this by --law;
"Transient
Trader"
shall
mean
a person
who sells
merchandise
at a
temporary
location, who is not a permanent
merchant
in that
place.
A
person
vending
at a craft show or trade show is not a "transient
trader"
for the purposes
of this by-law.
Section
2: Administration
2.1
The
Clerk
or
his
or
her
designate
is
responsible
for
the
administration
of this by-law.
2.2
All Municipal
Law Enforcement
Officers with authority
to enforce
the by-laws
of the municipality
are responsible
for enforcing
the
provisions
of this by-law.
2.3
Any person
may submit an application
to the Clerk requesting
an
exemption
from any of the prohibitions
described in Sections 3 and
4
and
Council
hereby
delegates
to
the
Clerk
or
his
or
her
designate,
the
authority
to process
any
such
application
and
to
approve,
reject
or approve
with conditions,
an exemption.
Grant of Exemption
2.4
Upon receipt
of a written
application
for Grant of Exemption
to this
by-law,
the Clerk may refuse to grant
any exemption
or may grant
the exemption
applied
for.
Any exemption
granted
shall specify
the
time
period
not
in excess
of six months
during
which it is
effective
and may contain
such terms
and conditions
as the Clerk
determines
to be appropriate.
Page
2 of 9
2.4.1 The Clerk shall consider
all applications
for exemption
and shall
only grant
an exemption
or an exemption
on conditions,
where:
the
request
is necessary
and in the public interest;
the proposed
mitigation
measures
are appropriate;
the duration
of the requested
exemption
is reasonable.
Details of Application
for Exemption
2.4.2 The application
mentioned
in Clause 2.3 shall contain:
the name and address
of the applicant;
Breach
iii.
iv.
a statement
of the particular
provision
or provisions
of the
by--|aw from which exemption
is sought;
the period
of time,
of a duration
not in excess
of six months,
i for which the exemption
is sought;
the reasons
why the exemption
should be granted;
and
a statement
of the steps,
if any,
planned
or presently
being
taken
to bring about compliance
with the by --law.
2.4.3
Breach
by the applicant
of any of the terms
or conditions
of the
exemption
shall
render
the
exemption
null and
void and
is an
offence
under this by--law.
Section
3: Licensing
3.1
3.2
3.3
iv.
No person
shall sell any goods,
wares or merchandise
or operate
a
mobile eating
establishment
or seasonal
stand while on a highway,
a vacant
lot or a parking
lot adjacent
thereto,
or property
owned
by the municipality
without the prior approval
of the Clerk.
No transient
trader,
itinerant
trader,
mobile eating
establishment
or seasonal
stand
which
does
not
hold
a valid
Transient
and
Itinerant
Trader
License
issued
by the Clerk under the authority
of
this
By--law, shall
carry
on
its
business
or trade
within
the
municipality.
A Transient
and Itinerant
Trader
License shall not be required
in
the following circumstances:
the
sale
of the stock
of a bankrupt
or insolvent
business
within the
meaning
of any bankruptcy
or insolvency
Act in
force
in Ontario
if such
stock
belonged
to a business
that
was being carried
on in the municipality
at the time
of the
bankruptcy
or
insolvency,
and
no
goods,
wares
or
merchandise
has been added
to such stock;
the sale of any stock damaged
by reason
of fire if such stock
belonged
to a business
that
was
being
carried
on in the
municipality
at the time of the
fire, and no goods,
wares
or
merchandise
have been added
to such stock;
the
sale
of a business
to
a "bona
fide"
purchaser
who
continues
the business;
a mobile eating
establishment
or seasonal
stand
operated
at
an auction
or other disposal/sale
of household
contents
and
effects
of a private
residence
in the
municipality
if such
household
contents
and effects
belong
to the owner or the
occupant
of such residence
in the municipality
immediately
prior to the auction
or other disposal/sale
provided
that the
mobile eating
establishment
or seasonal
stand
is on private
property
or on an
adjacent
road
allowance
in a location
where
its operation
will not cause
a traffic
problem
on a
public road;
Page
3 of 9
v.
a sale
of goods,
wares
or merchandise
by or under
the
auspices
of the municipality
or by a non-profit
organization;
vi.
any
sale
by
hawking,
peddling
or
otherwise
of
goods
wares
or merchandise;
vii.
to wholesale
or retail
dealers
in similar
goods,
ware
or
merchandise;
or
viii.
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,
or
an
agent
or
employee
of such person
having
written
authority
so to do, if
such
grower,
producer
or
manufacturer
resides
in
the
municipality;
or
ix.
if products
are sold as part of a community
market
or;
x.
if the goods,
wares or merchandise
are hawked,
peddled
or
otherwise
sold by a person
who has already
paid business
tax in the municipality
in respect
to a business
that deals in
such goods,
wares or merchandise,
or by an employee
agent
or such person;
or
xi.
if the goods,
wares or merchandise
are hawked,
peddled
or
otherwise
sold
by an
agent
of the
grower,
producer
or
manufacturer,
acting
on behalf
of the
dealer
who already
pays
business
tax
in the
municipality
in
respect
of the
premises
used
for
the
sale
of
such
goods,
wares
or
merchandise;
or
xii.
the
products
sold
are
in accordance
with
and
part
of a
community
festival
of
the
municipality
or
non-profit
organization
and
the
vendor
has
received
permission
in
writing
from the
organizers
of the festival
to sell within the
celebration
area.
3.4
Any person
may apply for a Transient
Trader
License,
including
a
mobile eating
establishment
or seasonal
stand, granting
the holder
the exclusive
right to:
i.
sell
products
from
a
vehicle
to
be
parked
in
a
designated
area specified
in the license provided
the holder
complies
with the terms
and conditions
prescribed
by the
license
and
any
agreement
entered
into
with
the
municipality
as a condition
of receiving
the license, or
ii.
sells
from
a
portable
display
unit
to
be
located
in
a
designated
area specified
in the license provided
the license
holder complies
with the terms
and conditions
prescribed
by
the
license
and
any
agreement
entered
into
with
the
municipality
as a condition
of r eceiving
a license.
3.5
The
following
procedure
shall
be applicable
in respect
to the
granting
of a transient
trader
license:
i.
the applicant
shall determine
the proposed
location
for the
designated
area and shall provide
a letter from the property
owner
or property
manager
permitting
the
use
of his/her
land for the
proposed
use and confirming
that
all property
taxes
are paid to date on the proposed
property
location;
ii.
the applicant
shall pay to the municipality
a non--refundable
application
fee in the amount
identified
in the most
recent
Fees and Charges
By--|aw enacted
by the municipality;
iii.
the applicant
shall complete
an application
for a license
in
the form attached
as Schedule
A;
iv.
the
applicant
shall submit
a site
plan which
clearly
shows
the
designated
area
along
with
the
location
of proposed
parking,
signage
and refuse containers;
Page
4 of 9
3.6
In addition
to the application
form, fee and other
matters
required
the
proposed
location
for the
designated
area
shall
comply
with
the following
criteria:
i.
no
portion
of the
designated
area
shall
be located
on a
highway
or part thereof;
ii.
no portion
of the designated
area shall be located directly
in
front of an entrance
or exit from a building;
iii.
the designated
area shall be located
only on land zoned
as
commercial
or
industrial
pursuant
to
the
Township
of
Georgian
Bay zoning
by-laws.
iv.
the designated
area shall not be located
within 250 metres
of a business
establishment
or another
designated
area
in
which similar products
are sold;
v.
the designated
area shall not be located within 50 metres
of
a signalized
intersection
as measured
from the property
line
closest
to the signalized
intersection;
vi.
the designated
area shall be set back at least twelve
metres
from a highway
measured
from the property
line closest
to
the highway;
vii.
the
parking,
signage
and refuse
requirements
indicated
in
the site plan shall be within the designated
area;
I viii.
in the
case
of a mobile
eating
establishment
or seasonal
stand,
it shall not become
a nuisance
in regard
to odour;
3.7
The operator
of the mobile eating
establishment
or seasonal
stand
shall be responsible
for maintaining
the area within 60
metres
of
the mobile eating
establishment
or seasonal
stand,
free of litter;
3.8
All motorized
mobile
eating
establishments
shall
be roadworthy
and comply
with the Highway Traffic Act and shall be licensed
for
operation
on a public highway;
3.9
A separate
Transient
Traders'
license
shall be taken
out for each
mobile eating
establishment
or seasonal
stand;
3.10
Upon
receipt
of a completed
application
on the
prescribed
form
(attached
as Schedule
'A'to this by--|aw), including
payment
of the
applicable
license
fee, and subject
to compliance
with all other
sections
of this
By-law,
the
Clerk
shall
issue
a Transient
and
Itinerant
Trader
License.
3.11
Every Transient
and Itinerant
Trader
License issued under this by-
law
shall
take
effect
on the
day
it
is
issued
and
expire
on
December
31st of the year
in which it was issued.
Section
4
-- Transient
Traders
Operating
On Municipal Properties
4.1
Applicants
wishing
to acquire
a license for operations
located
on
municipal
property
shall be required
to comply with the provisions
of this by-law
in addition
to obtaining
the
consent
of the current
sitting
Council.
4.2
All applications
for
Transient
Traders
licenses
operating
on
Municipal
property
shall
be
subject
to
a
competitive
bidding
process
either through
a Request
for Proposals
or an Expression
of
Interest
and subject
to the following special
provisions:
Commercial
General
Liability
Page
5 of 9
4.3.
The successful
applicant
for a license shall, at his or her expense,
obtain
and
keep
in
force
during
the
term
of
this
licensed
agreement,
Commercial
General
Liability Insurance
satisfactory
to
the Municipality,
written
by an insurer
licensed to conduct business
in Ontario
and include but not be limited
to the following:
i.
A
limit
of
liability
of
not
less
than
two
million
dol|ars($2,000,000)/
occurrence.
ii.
The Municipality
shall be named
as an additional
insured;
iii.
The
policy
shall
contain
a provision
for cross
liability
in
respect
of the named
insured;
iv.
Non--owned automobile
coverage
with a limit of at least two
million dollars ($2,000,000)
including contractual
non--owned
coverage;
v.
Products
and completed
operation
coverage
(Broad
Form)
with
an
aggregate
limit
not
less than
two
million dollars
($2,000,000).
vi.
That
30 days
prior
notice
of an alteration,
cancellation
or
material
change
in policy terms
which reduces
coverage's
shall be given
in writing
to the Municipality
Removal
of Licensed
Mobile Eating
Establishments
_
4.4.
All Mobile Eating
Establishments
and
Seasonal
Stands
shall
be
removed
at the
end
of each
season
(by
October
31st)
and
not
reinstated
before
April 1st each year.
4.5
All electrical
costs,
tippage
fees,
and
septic
disposal
fees
to be
borne
by the License
holder.
4.6
The Term
of the License shall be for one year
but may be extended
up to an additional
4 years
if the licensee
makes
application
in
writing
to the Clerk's Office
no later than February
1st in the year
following
the issuance/renewal of the license.
4.7
The agreement
may be transferrable
to a successor
or assign
with
the written
approval
of Council.
4.8
The applicant
shall be required
to submit
a plan to acknowledge
and
accommodate
the
requirements
of
the
Accessibility
for
Ontarians
with Disabilities Act.
4.9
Failure to remove
any transient
vending
apparatus
or equipment
from public
property
will result in the removal
of said property
by
the municipality
or authorized
agent
with the cost of such removal
being borne by the equipment
or apparatus
owner.
4.10
Where
the
municipality
has
been
compelled
to
take
steps
to
remove
vending
apparatus
or equipment,
no compensation
shall
be paid to the owner for the equipment
or apparatus,
nor for loss
of earnings
or livelihood.
The
owner
acknowledges
that
the
equipment/apparatus
may be held in impound
for up to 60 days
and may be reclaimed
upon the payment
of all outstanding
fees,
fines
and storage
charges.
After 60 days,
the
municipality
may
liquidate
the equipment/apparatus
in order to recover
the costs
or
removal.
The liquidation
will be conducted
in accordance
with our
surplus
asset
policy.
Section
5
-- Regulations:
5.1
Every
person
to whom a Transient
and Itinerant
Trader
License
Page
6 of 9
5.2
5.3
5.4
5.5
has been
issued
shall:
i.
in the case
of a transient
trader,
cause
such license
to be
prominently
and
permanently
displayed
in the
place
of
business;
and
ii.
in the case
of the
itinerant
trader,
carry
the license
at all
times
while conducting
business
in the municipality.
Any
employee
or agent
of a person
to whom
a Transient
and
Itinerant
Trader
License
has been issued
shall, when
required
by
any Municipal
Law Enforcement
Officer of the municipality,
exhibit
his authority
to sell the goods, wares or merchandise
ofthe
person
to whom the license was issued.
Upon demand
by any
Municipal
Law Enforcement
Officer of the
municipality,
any person
to whom a Transient
and Itinerant
Trader
License has been issued, or the employee
or agent
of such person,
shall exhibit
it, failing which such person,
employee
or agent
shall
be
guilty
of an
offence
unless
such
license
is accounted
for
satisfactorily.
The
operator
of every
mobile
eating
establishment
or seasonal
stand
shall
at
all times
comply
with
the
requirements
of the
Medical Officer of Health and the Fire Department
and, prior to the
issuance
of a Transient
Trader
License under
this By-law,
supply
the Clerk with written
confirmation
of compliance
in this regard;
Every
mobile
eating
establishment
or seasonal
stand
which
is
equipped
with propane-fuelled
appliances
must
be inspected
by a
certified
propane
fitter
registered
by the Fuel Safety
Branch, and
found
to comply
with the Ontario
Propane
Code and,
prior to the
issuance
of
a
Transient
Trader
License
under
this
By-law,
shall supply
the Clerk with written
confirmation
of compliance
in
this regard.
Section
6: Revocation
and Contravention
6.1
A Transient
or Itinerant
Trader
License issued
under the provisions
of this By-law may be revoked
by the Clerk when:
i.
In the case
of a mobile eating
establishment
or seasonal
stand,
written
notice
has been
received
from the
Medical
Officer
of Health
or designate,
or the
Technical
Safety
Standards
Association,
or Fire Department
stating
that the
mobile
eating
establishment
or
seasonal
stand
is
operating
contrary
to required
standards;
or
ii.
The Licensee
has been served
notice
of non-compliance
with
the terms
of this By-law,
by a Provincial
Offences
Officer.
Section
7:
Validity
7.1
If a court
of competentjurisdiction
declares
any provision,
or part
of a provision,
of this by-law to be invalid, or to be of no force and
effect,
it is the
intention
of Council
in enacting
this
by--|aw that
each
and
every
provision
of this
by--|aw authorized
by law be
applied
and enforced
in accordance
with its terms
to the extent
possible
according
to law.
Section
8:
Penalty
Page 7 of 9
8.1
Every
person
who contravenes
any provisions
of this by--law shall
be guilty of an offence
and, upon conviction,
is subject
to a fine as
provided
in the Provincial Offences Act and to any other applicable
penalties.
Section
9: Effective
Date
9.1
Any other
by--|aws, or portions
thereof
conflicting
with this by--law
are hereby
repealed.
9.2
The Enforcement
Provisions
contained
in this
By-law
shall come
into full force and effect on January
1, 2015.
Page
8 of 9
SCHEDULE 'A'TO BY-LAW 2014-56
APPLICATION FOR TRANSIENT TRADERS LICENSE
52!;rm':5?
APPLICANT NAME:
PHONE #
MAILING ADDRESS:
(STREET, CITY, POSTAL CODE)
BUSINESS NAME:
BUSINESS PHONE NUMBER:
PLATE # OF VEHICLE UNDER THIS LICENSE (if applicable)
:
LOCATION OF VEHICLE/STAND/CART
UNDER THIS LICENSE:
NAMEAND CONTACT INFORMATION FOR PROPERTY OWNER
(where vehicle is to be located, if different
from applicant):
Note:
This application
must
be reviewed
by all municipal
departments
to determine
suitability
of
location
prior to any license
being issued.
|ATTACHTHE FOLLOWING ADDITIONAL DOCUMENTS:
CHECK:
Confirmation
Letter
from Pro
ert
Owner
Site Ma
of Vendin
Area
Health De artment
Inspection_(gJrrent
within last 60 da_ys)
echnical Safet
Standards
Association
Approva_|jif
applicable)
Pro ane Ins
ection
and certification_(if
app|icable)__
Insurance
Certificate
2 000,000
min
--
Licenses
issued on municipal
Accessibility
for Ontaria
ns with Disabilities Act Accommodation
Plan
ANNUAL PERMIT FEE
$300.00
Monthly Fee for Municipal Lands (tbd by RFP bid)
I,
, SWEAR THAT THE INFORMATION GIVEN IN THIS
APPLICATION AND ANY SUPPORTING DOCUMENT IS TRUE AND COMPLETEAND
UNDERSTAND THAT FALSE STATEMENTS COULD RESULT IN THE REVOCATION
OF A LICENSE IF GRANTED.
SWORN BEFORE ME AT THE TOWNSHIP
OF GEORGIAN BAY, IN THE DISTRICT
OF MUSKOKA THIS
DAY OF
, 20
SIGNATURE OF APPICANT
CLERK
****Personal
information
contained
on this form is collected
under authority
of the Municipal Act, 2001, as amended
and
will be used to determine
eligibility for a license.****
Page
9 of 9