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THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY-LAW NUMBER 19-15
BEING A BY-LAW TO LICENCE, REGULATE, AND GOVERN
HAWKERS AND PEDDLERS WITHIN THE TOWNSHIP OF
SCUGOG
AND WHEREAS section 8(3) of the Municipal Act, 2001 confers the
power upon a municipality to regulate and prohibit respecting a matter, to
require persons to do things respecting a matter, and to provide for a
system of licences respecting a matter;
AND WHEREAS section 11 (3) of the Municipal Act, 2001 confers the
power upon municipalities to enact by-laws with respect to business
licensing;
AND WHEREAS section 151 of the Municipal Act, 2001 authorizes the
Township to provide for a system of licences with respect to any
business wholly or partly carried on within the Township;
AND WHEREAS section 391 of the Municipal Act, 2001 enables a
municipality to pass a by-law imposing fees or charges for services or
activities provided or done by or on behalf of it;
NOW THEREFORE the Council of the Corporation of the Township of
Scugog enacts as follows:
1.
DEFINITIONS
For the purposes of this by-law, the term:
"Applicant" means a person applying for a licence or renewal of a
licence under this by-law.
"Business" has the same meaning as provided for in section 150 of
the Municipal Act, 2001.
"Council" means the Council of the Corporation of the Township of
Scugog.
"Craft Show" shall mean a temporary event where individual
vendors sell hand made goods to the general public.
"Hawker and Peddler'' shall mean any person who:
a) goes from door to door with goods, wares or merchandise
for sale, or who carries and displays samples, patterns or
specimens of any goods, wares or merchandise for which
immediate sales are made and for which orders are taken
with delivery to follow;
b) sells from a permanent structure on a temporary basis,
goods, wares or merchandise for sale, or who carries and
displays samples, patterns or specimens of any goods,
wares or merchandise for which immediate sales are
made or for which orders are taken with delivery to follow;
c) sells goods, wares or merchandise and has no permanent
place of Business within the Township.
"Licence" means a licence issued by the Township under the
provisions of this By-law.
"Licensee" means any Person licensed under this By-law.
"Municipal Clerk" means the Municipal Clerk of the Township of
Scugog or his/her designate.
"Officer" means a Police Officer as defined in the Police Services
Act, R.S.O. 1990, and shall include a Municipal Law Enforcement
Officer, special constable, and First Nations Constable.
"Owner" shall refer to the Person who is managing or responsible
for the overall operations of a business requiring a License.
"Person" includes an individual, a corporation, partnership or sole
proprietorship.
"Township" means the municipal Corporation of the Township of
Scugog and/or the geographic limits of the Township of Scugog as
the context requires.
"Zone" means a Zone as defined in the Zoning By-law, as
amended from time to time.
2.
LICENSING PROCEDURES
2.1
For the purposes of this By-law, Council delegates its licensing
authority and the administration of this By-law to the Municipal
Clerk.
2.1.1 Without limiting the provisions of this section, Council shall
remain the deciding authority in the event the Municipal Clerk
recommends the refusal, suspension or revocation of a
Licence under this By-law.
2.1.2 The Municipal Clerk may delegate the performance of his/her
functions under this By-law from time to time as required.
2.2
An application for a Hawker and Peddler Licence shall be submitted
on a form provided and designed for that purpose.
2.3
The fee payable for a Hawker and Paddler Licence shall be in
accordance with the "Fees and Charges By-Law", as amended
from time to time, and shall be payable upon submitting an
application.
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2.4
No Licence issued under this By-law is transferable.
2.5
A Licence issued under this By-law shall be valid only for the
period of time for which it was issued.
2.6
Every Licence issued in accordance with this By-law shall expire
on the day specified within the License and shall only be valid
within the calendar year for which it was issued.
3.
PROHIBITIONS
3.1
No Person shall operate as a Hawker and Paddler without a
Licence.
3.2
No Person shall operate as a Hawker and Paddler with a
suspended or revoked Licence.
3.3
The Licensee shall conform to the requirements and conditions of
the Licence throughout the Licence term.
3.4
No Person shall obstruct an Officer during the performance of a
duty under this By-law.
4.
LICENSING REQUIREMENTS
4.1
The Municipal Clerk shall have regard to the following criteria when
determining whether to issue a License for a Hawker and Paddler:
a) That operating the business will not pose a risk to the health and
safety of Township residents or visitors.
b) Whether the applicant has conformed with the provisions of all
relevant Township by-laws and regulations;
c) That the Applicant has provided a copy of a valid insurance
certificate for public liability in the amount of not less than
million dollars ($1,000,000) that includes the Township as an
additional named insured.
d) That, where a Hawker and Paddler will operate from a fixed
location, the Applicant has provided proof of written permission
from the owner or authorized manager of land upon which the
Hawker and Paddler is to be located, including the timeframe the
Hawker and Paddler will operate on the land.
e) That, where a Hawker and Paddler will operate from a fixed
location, the Applicant has submitted a site plan showing
relevant site features including but not limited to vehicle and
pedestrian entrance and exits and structure description.
f) That, where a Hawker and Paddler will operate from place to
place, the Applicant shall provide a map showing the locations
they intend to visit and approximate timeframes or dates for
visiting said locations.
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Amending By-Law 49-19 S4.1(c)
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g) The License issued shall clearly specify whether the Licensee is
authorized to sell from place to place or from a specific location.
h) That the Owner has submitted a Criminal Record Check, with
vulnerable sector screening, which is dated not more than ninety
(90) days from the date the application was submitted.
i) Such other investigations or criteria considered necessary or
which may be required by law, and without limiting the scope of
this Section, the Municipal Clerk may ask for the written
approval of any or all of the following:
a. Region of Durham Health Department
b. Durham Regional Police Service
c. Township Fire Department
d. Township Planning Department
e. Township Chief Building Official
f. Township Public Works Department
4.2
The Municipal Clerk may impose conditions not specified in this
By-law as a requirement of obtaining or renewing a Licence.
4.3
A Licensee shall abide by the following conditions while operating
as a Hawker and Peddler pursuant to this By-law:
a) No Hawker and Peddler who is licensed to sell from place to
place shall establish a display at a fixed location.
b) No Hawker and Peddler who is licensed to sell from a fixed
location shall sell from place to place.
c) No Hawker and Peddler shall operate in a way as to create a
public hazard or nuisance.
d) Every Hawker and Peddler selling from a fixed location shall
have their License visibly displayed.
e) Every Hawker and Peddler selling from place to place shall
carry visible photo identification and shall produce a copy of
their License upon request.
5.
LOCATION REGULATIONS
5.1
No Person shall operate as a Hawker and Peddler in Zones other
than those designated Commercial or Community Facility as
defined by the Zoning By-law, as amended from time to time.
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5.2
Notwithstanding Section 5.1, a Hawker and Peddler may operate in
Zones other than Commercial or Community Facility Zones subject
to the following:
a) The Hawker and Peddler is engaged in door to door sales
during the following times and on the following days:
Monday through Friday:
9:00am until 8:00pm
Saturday
9:00am until 5:00pm
b) The Hawker and Peddler shall not engage in door to door sales
on Sundays and statutory holidays.
5.3
No Person shall operate as a Hawker and Peddler in the Main
Central Area as defined by the Township of Scugog Official Plan,
as amended from time to time.
5.4
Notwithstanding Section 5.3, a Hawker and Peddler may operate in
the Main Central Area if invited to do so by the organizer of a
special event that is recognized by the Township.
6.
EXEMPTIONS
6.1
A License is not required by the following:
a) A resident conducting a private yard/garage sale for the purpose
of selling used household goods at their place of residence
provided that said sales occur no more than four (4) times in a
calendar year;
b) An existing local producer, manufacturer or retailer making day
sales or seasonal sales, if the temporary selling activity is an
extension of the existing business at that location;
c) A local producer of agricultural produce making day sales or
seasonal sales if he/she has grown and harvested the produce
he/she is selling and it is being sold from his/her own property.
d) a vendor at a Township sanctioned farmers' market or a vendor
at a Craft Show organized by a local or not-for-profit
organization;
e) Industry tradeshows held for the purpose of selling goods to
companies and not to the general public;
f) Persons who are agents or employees of non-profit or charitable
organizations vending goods for the sole benefit of such
organization;
g) Persons fundraising for Scugog-based youth sports
organizations and/or educational programs by conducting sales
from place to place, or a fixed location.
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7.
LICENSE SUSPENSION, REVOCATION OR REFUSAL
7.1
Council, upon a recommendation of the Municipal Clerk, may
refuse, suspend or revoke a Licence where there are reasonable
grounds to believe that the Applicant or Licensee has not
conformed to the requirements of this By-law.
7.2
The Applicant or Licensee shall be notified in writing at least ten
(10) days before the date and time that Council shall consider the
Municipal Clerk's recommendation to refuse, suspend or revoke a
Licence.
Where an Applicant or Licensee fails to attend the
meeting, Council may proceed with the hearing in their absence.
7.3
The Municipal Clerk shall notify the Applicant or Licensee of
Council's decision in writing within fifteen (15) business days of the
decision being made.
7.4
Where the Municipal Clerk deems it necessary and in the public
interest, he/she may immediately suspend a Licence prior to
Council's consideration of the Municipal Clerk's recommendation to
refuse, suspend or revoke a Licence, for period not to exceed the
later of 15 days or the next regularly scheduled meeting of Council.
8.
ADMINISTRATION
8.1
Every person who contravenes any provision of this By-law is guilty
of an offence and on conviction is liable to a fine as provided for in
the Provincial Offences Act, R.S.O. 1990, c. P. 33.
8.2
This By-law shall be enforced by any designated Officer.
8.3
If any section, clause or provision of this by-law is, for any reason
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of this by-law as a whole or any
part thereof, other than the section, clause or provision so declared
to be invalid.
8.4
This By-law shall be referred to as the "Hawker and Paddler
Licensing By-Law''
8.5
This By-law repeals all sections within By-law Number 135-05, as
amended, that pertain to the licensing or operation of Hawker and
Paddlers as defined by By-law Number 135-05.
8.6
This by-law shall come into force and effect on the date of passing.
Read and Passed by Council for the Township of Scugog this 13th day of
April, 2015.
CLERK, Christopher Harris
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