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THE CORPORATION OF TOWNSHIP OF SOUTH STORMONT
BY-LAW NO. 64-2004
BEING
a by-law for licensing, regulating and governing transient and itinerant
traders, for regulating vending in streets, and for regulating and governing
refreshment vehicles.
WHEREAS
AND WHEREAS
AND WHEREAS
AND WHEREAS
AND WHEREAS
AND WHEREAS
the Municipal Act, 2001, c. 25 S. 5 (1) provides that the powers of a
municipal corporation are to be exercised by its council;
the Municipal Act, 2001, c. 25 S. 5 (3) provides that the powers of
every council are to be exercised by by-law;
the Municipal Act, 2001,~. 25 S. 150 (1) authorizes a local municipality
to license, regulate and govern any business wholly or partly carried on
within the municipality even if the business is being carried on from a
location outside the municipality;
the Municipal Act, 2001,~. 25 S. 150 (2) authorizes municipalities to
exercise licensing powers, including imposing conditions, for one or more
of the following purposes:
i) Health and safety;
ii) Nuisance control;
iii) Consumer protection;
pursuant to the Municipal Act, 2001,~. 25 S. 150 (3) Council of The
Corporation of Township of South Stormont has determined that
Transient and Itinerant Traders may be, by their nature, a class of
business that:
a)
could present a potential risk to the health and safety of those
persons who patronize the business due to the:
i) design, layout and location of the business;
ii) lack of appropriate and sufficient agency approvals;
b)
has the potential to be carried on in a manner that can create a
public nuisance to the neighbouring community by:
i) operating in a manner that can be disruptive to the
reasonable expectations and values of the community
and its members;
for the purpose of addressing the foregoing concerns as they relate to
health and safety and nuisance control, the Council of The Corporation
of Township of South Stormont deems it desirable to license, regulate
and govern the operation of Transient and Itinerant Traders in the
manner hereinafter set out.
NOW THEREFORE the Council of The Corporation of Township of South Stormont enacts
as follows:
Section 1 : Definitions
1.
For the purpose of this By-law the following definitions shall apply:
(a)
"Applicant" shall mean the person who applies for a licence under this bylaw.
(b)
"Clerk" shall mean the Clerk for The Corporation of Township of South
Stormont.
(c)
"Council" shall mean the Council of The Corporation of Township of South
Stormont.
By-law No. 64-2004
"Designated area" shall mean an area designated for the parking of vehicles for
the purpose of selling products therefi-om or an area designated for the purpose of
vending from a portable display unit located in such area and that is not part of a
highway and is zoned by the Township's zoning by-law to permit the proposed
commercial or industrial use and for a mobile eating establishment or seasonal
stand
including areas zoned recreation open space, parklopen space or
community facility.
-
"Fire Chief' shall mean the Fire Chief of the applicable fire department of the
Township of South Stormont.
"Highway" includes the entire right-of-way of a common and public highway,
street, avenue, crescent, parkway, driveway, square, place, bridge, viaduct or
tressle designed and intended for or used by the general public for the passage of
vehicles.
"Itinerant Trader" shall include any person who goes from place to place or to a
particular place with goods, wares or merchandise for sale or who carries and
exposes samples, patterns or specimens of any goods, wares or merchandise that
are to be delivered in the municipality afterwards.
"Licensee" shall mean the applicant to whom the License has been issued.
"Medical Officer of Health" shall mean the Medical Officer of Health for
Cornwall, Prescott, Russell, Stormont, Dundas & Glengarry or his duly
authorized delegate.
"Mobile eating establishment" shall mean any vehicle, trailer, cart or other
structure not placed on a permanent foundation which is equipped for cartage,
storage and the preparation of food stuffs, beverages, confections and such items
are offered directly for consumption to the general public, and includes a chip
wagon, a mobile canteen and other refi-eshment vehicles.
"Municipality" shall mean The Corporation of Township of South Stormont.
"Municipal Law Enforcement Officer" shall mean the Municipal Law
Enforcement Officer of the Township of South Stormont, who is responsible for
the enforcement of municipal by-laws.
"Person" shall include a corporation or partnership.
"Seasonal Stand" shall mean any building, stand or shed of any kind which is
equipped for the preparation, storage, heating, cooling or sale of food stuffs
without limiting its generality commonly known as a "stand".
"Transient and Itinerant Traders Licence" shall mean a licence issued by the
municipality in accordance with this by-law.
"Transient Trader" shall include:
(i)
any person commencing business who has not resided continuously in the
municipality for at least three months preceding the time of commencing
such business in the municipality; or
(ii)
any person whose name has not been entered on the assessment roll.
Section 2: Licensing
1.
No person shall sell any goods, wares or merchandise or operate a mobile eating
establishment or seasonal stand while on a highway, a vacant lot or a parking lot
adjacent thereto, or property owned by the municipality without the prior
approval of Council.
By-law No. 64-2004
Page 3
2.
No transient trader, itinerant trader, mobile eating establishment or seasonal stand
which does not hold a valid Transient and Itinerant Trader Licence issued by the
Clerk under the authority of this By-law, shall cany on its business or trade within
the municipality, unless otherwise exempted by this by-law.
3.
A Transient and Itinerant Trader Licence shall not be required in the following
circumstances:
the sale of the stock of a bankrupt or insolvent business within the
meaning of any bankruptcy or insolvency Act in force in Ontario if
such stock belonged to a business that was being carried on in the
municipality at the time of the bankruptcy or insolvency, and no goods,
wares or merchandise have been added to such stock;
the sale of any stock damaged by reason of fire if such stock belonged to a
business that was being carried on in the municipality at the time of the
fire, and no goods, wares or merchandise have been added to such stock;
the sale of a business to a "bona fide" purchaser who continues the
business;
a mobile eating establishment or seasonal stand operated at an auction or
other disposaVsale of household contents and effects of a private residence
in the municipality if such household contents and effects belong to the
owner or the occupant of such residence in the municipality immediately
prior to the auction or other disposal/sale provided that the mobile eating
establishment or seasonal stand is on private property or on an adjacent
road allowance in a location where its operation will not cause a traffic
problem on a public road;
a sale of goods, wares or merchandise by or under the auspices of the
municipality or by a non-profit organization;
any sale by hawking, peddling or otherwise of goods wares or
merchandise;
(i)
to wholesale or retail dealers in similar goods, ware or
merchandise;
(ii)
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 an agent or employee of
such person having written authority so to do, if such grower,
producer or manufacturer resides in the municipality;
(iii)
if goods, wares or merchandise are grown or produced by a farmer
resident in Ontario who offers for sale or sells only the produce of
the farmer's own farm;
(iv)
if the goods, wares or merchandise are hawked, peddled or
otherwise sold by a person who has already paid commercial tax
in the municipality in respect to a business that deals in such
goods, wares or merchandise, or by an employee agent or such
person;
(v)
if the goods, wares or merchandise are hawked, peddled or
otherwise sold by an agent of the grower, producer or
manufacturer, acting on behalf of the dealer who already pays
commercial tax in the municipality in respect of the premises used
for the sale of such goods, wares or merchandise;
By-law No. 64-2004
Page 4
(vi)
by persons who sell milk or cream or fluid milk products to the
consumer or to any person for resale; or
(vii)
the products sold are in accordance with and part of a community
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festival of the municipality or non-profit organization and the
vendor has received permission in writing from the organizers of
the festival to sell within the celebration area.
4.
Any person may apply for a Transient Trader Licence, including a mobile eating
establishment or seasonal stand, granting the holder the exclusive right to:
(a)
sell products from a vehicle to be parked in a designated area specified in
the licence provided the holder complies with the terms and conditions
prescribed by the licence and any agreement entered into with the
municipality as a condition of receiving the licence, or
(b)
sell from a portable display unit to be located in a designated area
specified in the licence provided the licence holder complies with the
terms and conditions prescribed by the licence and any agreement entered
into with the municipality as a condition of receiving a licence.
The following procedure shall be applicable in respect to the granting of a
transient trader licence:
(a)
the applicant shall determine the proposed location for the designated area
and shall provide a letter from the property owner or property manager
permitting the use of hisiher land for the proposed use;
(b)
the applicant shall obtain approval from authorities where applicable,
which may include the Eastern Ontario Health Unit, United Counties of
Stormont, Dundas & Glengany, Ministry of Transportation and Fire
Department.
(c)
the applicant shall pay to the municipality a non-refbndable application
fee in the amount identified in the Township of South Stormont Fees &
Charges By-law;
(d)
the applicant shall complete an application for a licence in the form
attached as Schedule A;
(e)
the applicant shall submit a site plan which clearly shows the designated
area along with the location of proposed parking, signage and refbse
containers;
6.
In addition to the application form, fee and other matters required by Section 5,
the proposed location for the designated area shall comply with the following
criteria:
(a)
no portion of the designated area shall be located on a highway or part
thereoc
(b)
no portion of the designated area shall be located directly in front of an
entrance or exit from a building;
(c)
the designated area shall be located only on land zoned as commercial or
industrial pursuant to the Township of South Stormont Zoning By-laws. A
mobile eating establishment or seasonal stand will also be permitted on
lands zoned as open space, as an accessory to recreational park
community facilities pursuant to the Township of South Stormont Zoning
By-laws;
By-law No. 64-2004
Page 5
(g)
the parking, signage and refuse requirements indicated in the site
plan shall be within the designated area;
(h)
in the case of a mobile eating establishment or seasonal stand, it shall not
become a nuisance in regard to odour;
(i)
the operator of the mobile eating establishment or seasonal stand shall be
responsible for maintaining the area within 60 metres of the mobile eating
establishment or seasonal stand, free of litter;
Cj)
all conditions in Item 6 apply to Section 2, paragraph 3(d), 3(e) and
3 (f)(vii).
7.
Upon receipt of a written application to the municipality for a Transient and
Itinerant Traders Licence which application shall include a statement containing
full description of the goods, wares or merchandise which the applicant proposes
to sell or offer for sale under such licence, and upon payment of the prescribed
licence fee, and subject to compliance with all other sections of this By-law, the
Clerk shall issue a Transient and Itinerant Trader Licence.
8.
Any fee paid for a Transient and Itinerant Trader Licence shall be credited to the
person paying it, or to any "bona fide" purchaser of the business who carries on
the business, on account of taxes payable in respect of the business, and in respect
of real property taxes on the land used for the purposes of or in connection with
the business if the land is owned by the person carrying on the business, during
the year in which the Licence is issued.
9.
Every Transient and Itinerant Trader Licence issued under this by-law shall take
effect on the day it is issued and expire on December 3 1st of the year in which it
was issued.
Section 3 - Remlations:
1.
Every person to whom a Transient and Itinerant Trader Licence has been issued
shall:
(i)
in the case of a transient trader, cause such licence to be prominently and
permanently displayed in the place of business; and
(ii)
in the case of the itinerant trader, carry the licence at all times while
conducting business in the municipality.
2.
Any employee or agent of a person to whom a Transient and Itinerant Trader
Licence has been issued shall, when required by the Municipal Law Enforcement
Officer, or designate of the municipality, exhibit his authority to sell the goods,
wares or merchandise of the person to whom the licence was issued. It failing,
which such person, employee or agent shall be guilty of an offence unless such
licence is accounted for satisfactorily.
3.
Upon demand by the Municipal Law Enforcement Officer, or designate of the
municipality, any person to whom a Transient and Itinerant Trader Licence has
been issued, or the employee or agent of such person, shall exhibit his authority to
sell the goods, wares or merchandise of the person to whom the licence was
issued. It failing, which such person, employee or agent shall be guilty of an
offence unless such licence is accounted for satisfactorily.
4.
(a)
The operator of every mobile eating establishment or seasonal stand shall
at all times comply with the requirements of the Medical Officer of Health
and prior to the issuance of a Transient Trader Licence under this By-law,
supply the Municipal Law Enforcement Officer, or designate with written
confirmation of compliance in this regard;
!
By-law No. 64-2004
1
Page 6
(b)
Every mobile eating establishment or seasonal stand which is equipped
with propane-fuelled appliances, must be inspected by a certified propane
fitter, registered by the Fuel Safety Division, Technical Standards and
I I
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Safety Authority and found to comply with the Ontario Propane Code,
Technical Standards and Safety Authority and, prior to the issuance of a
Transient Trader Licence under this By-law, supply the Clerk with written
confirmation of compliance in this regard;
(c)
Once obtained, the License must be clearly displayed in full view in the
designated area at all times.
Section 4: Grant of Exemption of Council
1.
Notwithstanding anything contained in this by-law, any person may make
application to Council to be granted an exemption fiom any of the provisions of
this by-law.
Section 5: Revocation and Contravention
1.
A Transient or Itinerant Trader Licence issued under the provisions of this By-law
may be revoked by the Clerk when:
(a)
In the case of a mobile eating establishment or seasonal stand, written
notice has been received from the Medical Officer of Health or the Fire
Chief stating that the mobile eating establishment or seasonal stand is
operating contrary to required standards; or
(b)
The Licensee has been served notice of non-compliance with the terms of
this By-law, by the Municipal Law Enforcement Officer, or designate.
2.
Revocation of the Transient or Itinerant Licence by the Clerk shall be subject to a
hearing with provisions, as provided by the Statutory Powers and Procedures Act.
3.
Any person who contravenes the provisions of the By-law shall be guilty of an
offence and liable to a penalty not exceeding $5,000.00 exclusive of costs
recoverable under the Provincial Offences Act, R. S.O. 1 990 Chapter P.33.
Section 6: Effective Date
1.
That any other by-law inconsistent with this by-law is hereby repealed.
2.
This by-law shall come into force and take effect upon the date of its passing.
1
READ and passed in open Council, signed and sealed this 13" day of October, 2004.
CORPORATION OF THE TOWNSHIP OF SOUTH STORMONT
SCHEDULE 'A' TO BY-LAW 64-2004
Application for a Transient Trader, Itinerant Trader
Mobile Eating Establishment or Seasonal Stand License
(ADDRESS)
PHONE NUMBER
Hereby make application under By-law 64-2004 for a License for a Transient
Trader, Mobile Easting Establishment or Seasonal Stand under:
A) MY OWN NAME:
OR
B) OPERATING UNDER THE NAME OF:
C) ADDRESS IF DIFFERENT FROM ABOVE:
D) IF APPLICATION IS MADE ON BEHALF OF A CORPORATION, STATE ADDRESS
OF HEAD OFFICE:
2. IF APPLICATION IS MADE BY A PARTNER, STATE ADDRESS OF PARTNER(S)
3.(A) THE PRlMARY LOCATION OF ANY VEHICLE USED UNDER THE LICENCE
SHALL BE
3. (B) THE PRODUCTS TO BE SOLD FROM THIS VEHICLE AT THIS LOCATION ARE
DESCRIBED AS -
NOTE:
A COPY OF A LETTER FROM THE PROPERTY OWNER OF THIS
LOCATION GIVING PERMISSION TO USE THE PREMISES MUST
BE ATTACHED TO THIS APPLICATION.
4.
I HAVE PREVIOUSLY HELD A MOBILE VENDOR'S LICENCE WITH THE
TOWNSHIP OF SOUTH STORMONT
License Number
5. (A) THIS
APPLICATION
MUST
BE
REVIEWED
BY
ALL
MUNICIPAL
DEPARTMENTS (FIRE, BUILDING, PLANNING, TREASURY, PUBLIC WORKS, PARKS
& RECREATION and CLERKS) TO DETERMINE SUITABILITY OF LOCATION PRIOR
TO ANY LICENCE BEING ISSUED.
5. (B) APPLICANTS ARE ADVISED THAT THE APPROVAL OF OTHER AUTHORITIES
MAY BE REQUIRED, I.E. HEALTH UNIT; PROVINCIAL VEHICLE PERMIT - VENDOR'S
PERMIT, ETC.
1,
, SWEAR THAT THE INFORMATION GIVEN IN
THIS APPLICATION AND ANY SUPPORTING DOCUMENTS IS TRUE AND
COMPLETE AND UNDERSTAND THAT FALSE STATEMENTS COULD RESULT IN
THE REVOCATION OF A LICENCE IF GRANTED.
Sworn before me at the Township of South Stormont, in the County of Stormont,
this
day of
9
SIGNATURE OF APPLICANT
Commissioner etc.
****PERSONAL INFORMATION CONTAINED ON THIS FORM IS COLLECTED UNDER
AUTHORITY OF THE MUNICIPAL ACT, 2001 AND BY-LAW 64-2004 AND WILL BE USED TO
DETERMINE ELIGBILITY FOR A LICENCE.****