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THE CORPORATION OF THE VILLAGE
OF SOUTH RIVER
By-Law Number 7-93
Being a by-law to Licence
Mobile Food Vendors and Hawkers and Peddlars
WHEREAS the Municipal Act, Section 236 (11), Chapter M.45,
R.S.Q. 1990 empowers municipalities to enact By-Laws for
Licensing, regulating and governing vehicles from which
refreshments are sold for consumption by the public, and for
revoking any such licence.
AND WHEREAS the Municipal Act, Section 234 (1), Chapter M.45,
R.S.0. 1990 empowers municipalities to enact 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, patterns or specimens
of any goods, wares or merchandise that are to be delivered in
the municipality afterwards;
AND WHEREAS the Corporation of the Village of South River does
hereby deem it advisable to licence Mobile Food Vendors, and
Hawkers and Peddlars.
NOW ‘THEREFORE, the Corporation of the Village of South River
enacts as follows:
Mobiie Food Vendors
1) No person shall operate a refreshment vehicle within the
Municipality without having first obtained a licence to
commence such an operation from the Clerk of the
Municipality.
2) Sales of refreshments shall be only made on properties which
are in conformity with the Comprehensive Zoning By~Law of
the Village of South River, as amended.
3) No person shall operate a refreshment vehicle or obtain a
municipal Licence without first having obtained a
Certificate from the Medical Officer of Health.
4) No person shall operate a refreshment vehicle without having
first received an inspection report from the Chief Fire
Official and the Chief Building Official.
3) No person shall operate a refreshment vehicle without having
first obtained an inspection report from a licensed propane
service depot, if applicable.
6) No person shall operate a refreshment vehicle unless the
licence is displayed in a prominent position inside the
refreshment vehicle.
7) The Council may at any time after a hearing is held on
notice to the licensee revoke any licence held by the
licensee for cause. Without limiting the generality of the
foregoing, Council may suspend a licence for:
a) Breach of the Criminal Code of Canada;
b) Any violation of the provisions of this By-Law;
8) No person shall operate a refreshment vehicle at a distance
ef 250 feet from any restaurant or any other eating
establishment. Such distance shall be measured from the
Building where the eating establishment is located.
This By-Law was ame
by By-Law Neo...
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By-Law 7-93 Page 2
By-Law to licence Mobile Food Vendors, etc.
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The sale of refreshments or confections including without
the generality to the foregoing: french fries, pogos, candy,
peanuts, popcorn, ice-cream, ice-cream cones, ice milk and
iced confectionery, hot dogs from a basket or wagon, cart or
other vehicle shall comply as per Schedule "A" of this By-
Law.
The licence granted hereunder shall permit the operator of
the refreshment vehicle for the calender year in which it
was issued and shall not be valid thereafter unless renewed
or re-issued as per Schedule "A" of this By-Law. The fee
payable upon the issue of each licence and on any renewal or
re-issue shall be the sum as set out in Schedule"A" of this
By-Law.
Hawkers and Peddlars
No person shall go from place toe place or to a particular
place with goods, wares or Merchandise for sale or carry and
expose samples, patterns or specimens of any goods, wares or
merchandise that are ta be delivered in the Village
afterwards without being licensed to dco so under the
provisions of this By-Law.
The application for a licence under this By-Law shall be in
writing on forms to be provided by the Village and shall be
fully completed and contain the following information:
i) The full name, residence address, business address and
telephone numbers of the applicant and each partner, if
any;
ii) If the applicant is a company, corporation, club or
organization, the head office address, business address
and telephone numbers as well as the full names,
addresses and telephone numbers ef the principal
officers thereof;
iii) The names, addresses and telephone numbers of the firms
represented by the applicant;
iv) A complete list of the goods, wares or merchandise
intended to be sold;
v) The names, addresses and telephone numbers of the
manufacturers or suppliers of the goods, wares or
merchandise intended to be sold;
vi) The names, addresses and telephone numbers of three
character references and three business references.
The applicant, at the time of making application for
licence, shall furnish the Municipal Clerk with 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 as aforesaid.
The Municipal Clerk shall make all proper investigations
pertaining to the applicant for a licence as aforesaid and
shall report thereon to Council when making their
recommendation.
A licence issued pursuant to the provisions of this By-Law
shall not be transferable.
Every person licensed under this By-Law, upon changing his
address, shall give written notice thereof to the Municipal
Clerk within ten (10) days after such change, setting forth
his new address. This By-Law was_amended 13
by By-Law No. ...10.4.8......
Dated derih 44,1998.
By-Law 7-93 Page 3
By-Law to licence Mobile Food Vendors, etc.
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The provisions of this By-Law shall be enforced by the
Municipal Clerk.
No licence under this By-Law shall be required for hawking,
peddling or selling goods, wares or merchandise:
i) to wholesale or retail dealers in similar goods, wares
or merchandise, or
ii) aif the goods, wares or merchandise are grown, produced
or manufactured in Gntario and are hawked, peddied or
sold by the grover, producer or manufacturer or his
agent or employee having written authority so to do, in
the municipality in which the grower, producer or
manufacturer resides, or
iii) if the goods, wares or merchandise are grown or
produced by a farmer resident in Ontario who offers for
sale or sells only the produce of his own farm, or
iv) if the goods wares or merchandise are hawked, peddled
or sold by a person who pays business tax in the
Village or by his employee, or by his agent, or
v) if the goods, wares or merchandise are hawked, peddied
or sold by an agent of the grower, producer or
manufacturer, acting on behalf of a dealer who pays
business tax in the Village in respect of premises used
for sale of such goods, wares or merchandise or
vi) by persons who sell milk or cream or fiuid milk
products to the consumer or to any person for re-sale.
The provisions of this By-Law shall not apply to any
institution, organization or club in the Village where the
proceeds from the sale of goods, wares or merchandise will
be used for charitable, philanthropic, religious, welfare,
community, athletic, educational or fraternal purposes
within the Village and, without in any way limiting the
generality of the foregoing, shall not apply to the
following institutions, organizations or clubs within the
Village:
€a) Service Clubs;
{b) Boy Scouts and Girl Guides;
{c) Such other institutions, organizations or clubs as the
Council, by Resolution, may approve.
Any person convicted of a breach of any of the provisions of
this By-Law shall forfeit and pay, at the discretion of the
convicting Previncial Court Judge, a fine or penalty not
exceeding the sum of five hundred dollars ($500.00) for each
offence, exclusive of costs, to be recoverable under the
Provincial Offenses Act.
Any person convicted of a breach of any of the provisions of
this By-Law by a Provincial Court Judge or competent
jurisdiction thereafter any, in addition to any other
penalty imposed on the person convicted, issued an order
prohibiting the continuation or repetition of the offence or
the doing of any act by the person convicted directed
towards the continuation or the repetition of the offence.
That By-Law 8-75 be hereby repealed.
a first time this 22nd day of March, 1993.
a second and third time and finally passed this 4th day of
Reeve Clerk-Administrator
This By-Law was amended
by By-Law No. ..0/2.<4.6..
Dated Soe... bg Ahe
SCHEDULE "A" - By-Law 7-933
Mobile Food Vendors
Refreshment Vehicle:
Refreshment Vehicles that are pulled or pushed
by human, muscular power that serves hot dogs
or any hot foods:
Refreshment Vehicles that are pulled or pushed
by human, muscular power that serves cold food
or non-cooked food on the unit:
Hawkers and Peddlars
Residents of South River:
Persons who have not continuously resided
in South River for one year prior to the
application:
$250. 00
(Per vehicle)
$250. 00
(per cart)
$75.60
{per cart)
$250. 00
(Annually)
$500. 00
(Annually)
Reeve Clerk-Administrator