By-law 98-21 (as amended 2015) - Licence, Regulate and Govern Hawkers and Pedlars
Northeastern Manitoulin and the Islands, Ontario
· No. 98-21
· adopted 1998-04-01
· summary & facts
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THE CORPORATION OF THE TOWN OF
NORTHEASTERN MANITOULIN AND THE ISLANDS
BY-LAW No. 98-21
As Amended 2015
BEING A BY-LAW TO LICENSE, REGULATE AND GOVERN
HAWKERS AND PEDLARS
WHEREAS the Municipal Act, R.S.O. 2006, Chapter 32, Section 150 provides 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,
patterns 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 Town of Northeastern
Manitoulin and the Islands 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 within the Town of Northeastern
Manitoulin and the Islands or who carries and exposes samples, patterns or
specimens of goods, wares, merchandise or services which is to be delivered
in the Municipality afterwards shall obtain a licence for doing so from the
Licence Issuer.
2.
The applicant for such licence shall make out an application in writing to the
Licence Issuer on the form as set out in Schedule "A".
3.
The Licence Issuer shall be the Clerk of the Municipality or his
designate.
4.
That the licence fee for a licence issued under this By-law is hereby
established at FIVE HUNDRED THIRTY FIVE DOLLARS ($535.00) for
persons who have not resided continuously within the Municipality for which the
licence is sought for a period of at least twelve months (12) prior to the
application therefore and no license shall be issued unless and until the proper fee
has been paid.
5.
That the licence fee for a licence under this By-law is hereby established at
TWO HUNDRED FIFTEEN DOLLARS ($215.00) for persons who have resided
continuously within the Municipality for which the licence is sought for at
least a twelve month period prior to the application therefore and no licence
shall be issued unless and until the proper fee has been paid.
6.
Any person applying for a licence under sections 4 and 5, and operating from
a set location rather than hawking or peddling from door to door, shall produce
written approval at the 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 Northeastern Manitoulin and the Islands.
7.
A licence issued under this By-law shall be valid only from the date of issue
until December 31st of the year of its issue.
8.
Notwithstanding the foregoing provisions in this By-law, it shall not be
necessary for persons residing within the Municipality to obtain a licence where
hawking and peddling is done exclusively for a religious, charitable, educational
or patriotic purpose, provided that permission in writing has first been received
from the Council of the Town of Northeastern Manitoulin and the Islands.
THE CORPORATION OF THE TOWN OF NORTHEASTERN MANITOULIN
AND THE ISLANDS
BY-LAW NO. 98-21
Page 2
9.
The Licencee shall at all times while carrying on his business have his licence
with him and shall upon demand, exhibit it to any municipal or peace officer.
10.
That any other By-laws that conflict with this By-law be, and are hereby
rescinded.
11.
Any person who contravenes any provisions of this by-law is guilty of an offense
and liable to a penalty as provided by law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this
1st day of April, 1998.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 17th day
of November, 2015.
_______________________
Alan MacNevin
Mayor
________________________
Pam Cress
Clerk
THE TOWN OF NORTHEASTERN MANITOULIN AND THE ISLANDS
POLICY REGARDING
USE OF MUNICIPALLY-OWNED LAND
AND HIGHWAY RIGHT-OF-WAYS
1.
The policy regarding the use of Municipally-owned lands or highway
right-of-ways within the Town of Northeastern Manitoulin and the
Islands shall be as follows:
a)
There shall be only three locations on Municipally-owned
lands where persons can stand and sell goods, merchandise
or services and are as follows:
i)
Manitoulin Tourist Information Centre
ii)
Downtown
a)
Memorial Park
b)
Manitowaning Plaza
2.
Applications for rental of these locations must be received by May 15 of any
year.
3. If more than one application is received for the same location, allocation will
be made by means of a lottery system.
4.
The current rental fee for each location is FOUR HUNDRED DOLLARS
($400).
5.
There shall be only one (1) application per person.
6.
There shall be no standing or selling of goods, merchandise or services from
highway right-of-ways.
7.
Businesses will be restricted to a 60' square piece of property
8.
Businesses may operate from May to October.
9.
All outside permits are the responsibility of the business owner to obtain.
10.
The granting or refusing to rent any location shall be at the sole discretion of
the Town of Northeastern Manitoulin and the Islands.
11.
The terms of all hawkers and peddlers contracts may be discontinued at the
Town's discretion.