Transient Traders, Peddlers and Mobile Vendors By-law No. 2010-15 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot caf205dc3062 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## THE TOWNSHIP OF PELEE ## BY-LAW NO. 2010-15 Being a by-law to license and regulate Transient Traders, Peddlers, and Mobile Vendors. WHEREAS Section 151 of the Municipal Act, 2001 c. 25 (herein, the 'Act') authorizes a municipality to license, regulate and govern any business wholly or partly carried on within the municipality; AND WHEREAS Section 151 provides that businesses that may be licensed include the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader; AND WHEREAS Section 151 provides that a municipality may charge a licence fee directly related to the administration and enforcement of such by-law; AND WHEREAS a public meeting for consideration of this by-law has been held and notice was given in accordance with Section 151 of the Act; ## NOW THEREFORE BY ITS COUNCIL THE CORPORATION OF THE TOWNSHIP OF PELEE ENACTS AS FOLLOWS: ## PURPOSE: 1. The purpose of this by-law is to provide for the licensing and governing of Transient Traders, Peddlers and Mobile Vendors operating within the Township of Pelee for the protection of the health and safety of its residents, nuisance control and consumer protection. ## DEFINITIONS: ## 2. In this by-law: - (a) "Council" shall mean the Council for the Township of Pelee. - (b) "Licence" shall mean any licence that may be issued pursuant to this bylaw; - (c) "Licensee" shall mean any person to whom a licence is issued pursuant to this by-law; - (d) "Mobile Vendor shall mean a person who uses a vehicle, motorized or not motorized, who travels from place to place throughout the business day for the purpose of offering goods for sale from the vehicle. - (e) "Municipality" shall mean the Township of Pelee; - (f) "Peddler" shall mean any person who is not a mobile vendor who travels from place to place throughout the business day for the purpose of offering goods for sale. - (g) "Person" includes a corporation, partnership, association, club, or firm. - (h) "Transient Trader" shall mean any person who carries on business on private property which the person does not own or is not a lessee pursuant to a bona fide lease based upon fair market rent for a term of at least twelve months. ## PROHIBITIONS: 3. No person shall carry on business activities as a transient trader, peddler or mobile vendor within the municipality without a valid licence issued by the Municipality pursuant to this by-law. 4. No person shall carry on business activities as a transient trader, peddler or mobile vendor within the municipality except in accordance with a valid licence issued by the Municipality pursuant to this by-law. 5. No person shall permit the business activities of a transient trader upon property owned by the person unless a licence has been issued by the Municipality permitting such activity. ## CLERK'S DUTIES: ## 6. The Clerk Shall: - a) Be responsible for the issuance of licences pursuant to this by-law: - c) Maintain a record of all licences; - b) Accept application for licences required by this by-law; - d) Upon receipt of an application for the grant of a licence pursuant to this by-law, make or cause to be made all necessary investigations; - e) Recommend to Council whether to refuse to grant, suspend or revoke a licence permit; - 1) Be responsible for enforcement of this by-law. ( ## TRANSIENT TRADE LICENCE APPLICATION 7. An application for a transient trader licence must be filed on a form provided 2. by the municipality, and, shall include, to the satisfaction of the Clerk, the following: - a) The name, address and contact information for the owner of the business; - b) The nature of the goods to be sold; - c) The property address where the business activity will be carried on; - e) Confirmation that the owner of the property where the business activity is - d) A plan illustrating how the business will be operated on the site, including set backs from property lines, parking and vehicle access; 8. proposed consents to the licence being issued; - g) The licence fee as provided in Schedule A to this by-law. - f) When necessary, approval from the Windsor-Essex Health Unit; ## PEDDLER LICENCE APPLICATION 8. An application for a peddler licence must be completed and filed on a form provided by the municipality, and shall include, to the satisfaction of the Clerk, the following: - a) The name, address and contact information for the applicant; - c) When necessary, approval from the Windsor-Essex Health Unit, and - b) The nature of the goods to be sold; - d) The licence fee as provided in Schedule A to this by-law. 9. An application for a mobile vendor licence must be filed in a form provided by the municipality, and shall include, to the satisfaction of the Clerk, the 7. following: - a) The name, address and contact information for the applicant; - b) The nature of the goods to be sold; - e) When necessary, approval form the Windsor-Essex Health Unit, and - 1) The licence fee as provided in Schedule A to this by-law. ## LICENCE TERM 10. Every licence issued pursuant to this by-law, unless revoked by Council shall be valid for one year from the date of issue. ( 11. Every Licensee and every employee, assistant, agent or helper of a licensee shall have a copy of the said licence in their possession for the purpose of displaying it or producing it upon demand to any person authorized to enforce this by-law. ## REFUSAL OR REVOCATION OF A LICENCE 12. Council may refuse an application in whole or in part or may grant an 2. application subject to conditions in accordance with section 150 (8) of the 13. Council may revoke a licence: - a) To protect the safety of the public; or if - b) The licensee has not complied with all federal, provincial and municipal laws and regulations' or if - c) The conditions attached to the granting of the licence are being contravened ## PENALTY CLAUSE 14. Every person who contravenes any of the provisions of this by-law is guilty of an oftence and shall, upon conviction, forfeit and pay a penalty of not more than twenty five thousand dollars ($25,000.00), exclusive of costs, pursuant to Section 161 of the Municipal Act and every such fine is recoverable under the Provincial Offences Act, R.S.O. 1990 c.P.33. ## EXEMPTION 15. - 1) No licence is required if a person is selling goods as part of a community event approved by Council, provided that the person has the written approval of the organizers of the event; - 2) Pelee Fest is an approved event. ## EFFECTIVE DATE 15. This by-law shall take effect on the date of passing by Council and shall remain in effect until the earlier of five years after it comes into force or the date it is repealed. ## READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENEACTED THIS 19th DAY OF July 2010.   Rick Masse, Mayor a Nitell CAO/Clerk/Treasurer (  Pelee Island, ON NOR 1MO Telephone: 519-724-2931 Fax 519-724-2470 ## APPLICATION FOR MOBILE VENDOR AND PEDDLER LICENCE IN THE TOWNSHIP OF PELEE LICENCE FEES: PEDDLER MOBILE VENDOR: $250.00 PER CALENDAR YEAR MOTORIZED $250.00 PER CALENDAR YEAR NON-MOTORIZED $330.00 PER CALENDAR YEAR PEDDLER MOTORIZED MOBILE VENDOR NON-MOTORIZED Hawker and Peddler-person who goes door to door or business to business selling Goods. Mobile Vendor - person who sells from a motorized or non-motorized vehicle. DATE: LICENCE NUMBER: EXPIRY DATE: ## PLEASE ATTACH: - POLICE DEPARTMENT CLEARANCE LETTER - FIRE DEPARTMENT APPROVAL (IF APPLICABLE) - HEALTH UNIT INSPECTION REPORT (WHEN SELLING FOODSTUFFS) - COPY OF OWNERSHIP OF MOTOR VEHICLE, WHEN APPLICABLE - CONFIRMATION OF MINIMUM OF $1,000,000.00 LIABILITY INSURANCE FOR MOTOR VEHICLE, WHEN APPLICABLE EVENT NAME: ENTIRE BUSINESS NAME: BUSINESS OPERATOR'S NAME: BUSINESS OWNER'S NAME: BUSINESS INFORMATION: STREET ADDRESS: (Please Print) CITY/TOWN: POSTAL CODE: FAX NUMBER: PROVINCE: PHONE NUMBER: E-MAIL ADDRESS: TYPE OF GOODS/SERVICES TO BE SOLD: 1/We hereby acknowledge that I/we have been provided with a copy of and have read and understand the regulations as set out in Township of Pelee Transient Trader, Hawkers and Peddlers By-law Number 2010-15, as amended and outlined area where I/we are not permitted to sell product or solicit customers. SIGNATURE OF APPLICANT The information provided in this application will be available for public inspection OFFICE USE ONLY AMOUNT DUE: ACCOUNT DUE: ACCOUNT NUMBER: FEE PAID:\_ RECEIPT NUMBER: PLANNING SERVICES DEPARTMENT (FOR NON-MOTORIZED MOBILE VENDOR) BUSINESS LOCATION: OFFICIAL PLAN DESIGNATION: ZONING DESIGNATION: PERMITTED USE: NO YES PLANNING SERVICES APPROVED BY: \_ DATE: COMMENTS:\_ CLERK'S DEPARTMENT DATE APPLICATION RECEIVED: DATE APPLICATION CIRCULATED: - [ ] - PLANNING SERVICES COMMENTS - [ ] BUILDING DEPARTMENT COMMENTS - FIRE SERVICES COMMENTS DATE RETURNED: DATE RETURNED: DATE RETURNED: INITIALS: COMMENTS: