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THE CORPORATION OF THE TOWNSHIP OF MACHAR
BY-LAW NO. 11-98
Being a by-law to regulate and govern Hawkers and Peddlers
in the Township of Machar.
WHEREAS Section 234 of the Municipal Act, R.S.O. 1990, as amended, authorizes the
passing of by-laws for licensing, regulating and governing persons who go from place to place or to
a particular place with goods, wares or merchandise for sale, or who carry and expose samples,
pattern or specimens of any goods, wares or merchandise that are to be delivered in the municipality
afterwards.
NOW THEREFORE the Council of the Corporation of the Township of Machar enacts as
follows:
1.
That every person who goes from place to place or to a particular place with goods, wares or
merchandise for sale or who carry and expose samples, patterns or specimens of any goods,
wares or merchandise that are to be delivered in the municipality afterwards shall obtain a
license for doing so from the Township of Machar.
2.
No license shall be required for hawking, peddling or selling goods, wares or merchandise:
(a) to wholesale or retail dealer in similar goods, wares or merchandise 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 or 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 produce of his own farm or
(d) if the goods, wares or merchandise are hawked, peddled or sold by a person who pays
business taxes in the municipality or by his employee or agent.
3.
Any license granted under this by-law shall be granted on the condition that no person shall
hawk, peddle or sell any goods, wares or merchandise in any manner as to impede or
confine vehicular or pedestrian traffic.
4.
That a separate license shall be required for each cart, stand or vehicle where hawking or
peddling or selling takes place, and this license shall be displayed in a conspicuous place
on the stand, cart, or vehicle or location available for presentation on demand by a Police
Officer, By-Law Enforcement Officer or Licensing Officer.
5.
That the processing of a license pursuant to the provisions of this by-law shall be in
accordance with the usual licensing procedures of the Corporation of the Township of
Machar.
6.
No person shall act or carry on the business of hawkers or peddlers on municipality owned or
leased lands or facilities. This does not apply to a local non-profit organization if the
proceeds thereof are to be used exclusively for religious, charitable, philanthropic, patriotic
purposes or to benefit the community.
7.
A license shall not be transferred.
8.
All applications for licenses under this by-law shall set out the name, address and
occupation of the applicant; the nature of the merchandise which the applicant proposes to
sell and the nature of the license applied for.
9.
The fee payable upon the issue of each license and on any renewal or re-issue shall be the
sum as set out in Schedule "A" of this by-law, a license must be renewed annually.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF JUNE 1998.
____________________________________
REEVE HARVEY PINKERTON
____________________________________
ACCOUNTING CLERK TRACY PETERS
THE CORPORATION OF THE TOWNSHIP OF MACHAR
SCHEDULE "A" TO BY-LAW NO. 11-98
SCHEDULE OF FEES
HAWKERS & PEDDLERS
Annual Rate
$2,000.00
Daily Rate
$50.00
MOBILE FOOD VENDORS
Refreshment Vehicles
Annual/Season Rate
$250.00
Small Mobile Cart
Annual/Season Rate
$500.00
Food Truck
Annual/Season Rate
$1,000.00
*Food Vendors require a license/approval from the North Bay Parry Sound District Health Unit and a
copy must be provided to the municipality.
PENALTY
Any person who violates any provisions of this By-Law is, upon conviction, guilty of an
offence and shall be liable to a fine, subject to provisions of the Provincial Offences Act,
R.S.O. 1990, Chapter P.33 as amended, and be subjected to any other penalties permitted
by law for each offence. Each day such violation continues, shall constitute a separate
offence and shall be punishable as such.
SCHEDULE B TO BY-LAW NO. 11-98
THE CORPORATION OF THE TOWNSHIP OF MACHAR
APPLICATION FOR LICENSE FOR THE YEAR ________
1:
Type of License: ___ Hawker & Peddler
___ Refreshment Vehicle
Food Truck ___
2:
Business, Company or Organization name if any:
_____________________________________________________________________
Given Name(s)
Surname
3:
Particulars of applicant and each partner, if any:
RESIDENCE
BUSINESS
____________________________
____________________________________
Street Address
Street Address
____________________________
____________________________________
City
City
____________________________
____________________________________
Postal Code
Phone
Postal Code
Phone
Partners
____________________________
____________________________________
Name
Name
____________________________
____________________________________
Street Address
Street Address
____________________________
____________________________________
City
City
____________________________
____________________________________
Postal Code
Phone
Postal Code
Phone
4:
Have any previous licenses been granted to the applicant by the Township of Machar?
____
____
Yes
No
5:
Particulars of previous license:
______________________________________________________________________
______________________________________________________________________
6:
A complete list and description of the goods, wares or merchandise intended to be
sold:
______________________________________________________________________
______________________________________________________________________
7:
There must be attached to this application, 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.
Note: Attach additional sheets where necessary.
8:
I, the undersigned applicant, hereby certify:
a) that, to the best of my knowledge and belief, the information hereinbefore set forth and
attached hereto is true and correct.
b) that I am familiar with the terms and provisions of the by-laws of the Corporation of the
Township of Machar relating to the carrying on of the type of business in respect of
which this application is being made.
c) that I will comply with the terms and provisions of such by-laws.
d) I understand that I am not allowed to carry on the trade or business in the Township of
Machar in respect of which this application for license is being made unless and until
this application has been approved by the Corporation of the Township of Machar and
the necessary license issued.
e) I will furnish the By-Law Enforcement Officer for the Township of Machar or the
Council, upon demand, such further and other information as may be required.
f) that the license fee must accompany this application.
9:
To be filled out for Hawker & Peddler License only:
Dates in which license is applied for: __________________________________________
Location in which merchandise will be sold: ____________________________________
Dated at ________________________, Ontario, this ______ day of ____________________, ________.
______________________________________
Full signature of applicant
Fee Paid: $__________
Receipt: ____________
Date: ______________
FEES:
HAWKERS & PEDDLERS
Annual Rate
$2,000.00
Daily Rate
$50.00
MOBILE FOOD VENDORS
Refreshment Vehicles
Annual/Season Rate
$250.00
Small Mobile Cart
Annual/Season Rate
$500.00
Food Truck
Annual/Season Rate
$1,000.00
*Food Vendors require a license/approval from the North Bay Parry Sound District Health Unit and a
copy must be provided to the municipality.
PENALTY
Any person who violates any provisions of this By-Law is, upon conviction, guilty of an offence and
shall be liable to a fine, subject to provisions of the Provincial Offences Act, R.S.O. 1990, Chapter
P.33 as amended, and be subjected to any other penalties permitted by law for each offence. Each
day such violation continues, shall constitute a separate offence and shall be punishable as such.