Street Vendors Bylaw (effective July 10, 1995; last amended July 9, 2018)
Charlottetown, Prince Edward Island
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STREET VENDORS BYLAW
EFFECTIVE JULY 10, 1995
AMENDED APRIL 23, 1998
AMENDED MAY 23, 1996
AMENDED JANUARY 13, 2003
AMENDED JULY 14, 2004
AMENDED MAY 11, 2006
AMENDED DECEMBER 08, 2008
AMENDED MAY 8, 2014
AMENDED MAY 11, 2015
AMENDED MAY 29, 2015
AMENDED JULY 9, 2018
Summary of Bylaw Amendments at end of Bylaw
THE COUNCIL OF THE CITY OF CHARLOTTETOWN ENACTS AS FOLLOWS:
PART I:
1.
This Bylaw may be cited as the "Street Vendors Bylaw".
PART II: DEFINITIONS
2.
Unless the context otherwise requires, in this Bylaw:
2.1
"Abutting Retailer" means a person who carries on retail business from a
permanent place of business abutting a sidewalk in the City and pays business
taxes to the City or is a tenant of the building for which taxes are paid to the City;
2.2
"Abutting Retailer - Dining Room License Space(s)" means a total of 24
parking spaces, approved by Council, available for consideration of applications
for the installation of exterior decks in the area approved under section 9.7 (a).
2.3
"Agreement" means all agreements mentioned in this Bylaw which shall be
executed by the Mayor and Chief Administrative Officer of the City of
Charlottetown;
2.4
"City" means the City of Charlottetown, a body corporate, duly incorporated
under the laws of the Province of Prince Edward Island and includes the area
contained within the boundaries of the City of Charlottetown where the context so
requires;
2.5
"Confectionery Tricycle" means a manually propelled tricycle vehicle used or
intended to be used for storing and transporting ice cream, ice milk and other con-
fectionery products;
2.6
"Confectionery Tricycle Vendor" means a person who owns and operates or
who has operated for him a confectionery tricycle from which ice cream, ice milk,
or other iced confectionery products are sold;
STREET VENDORS BYLAW
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2.7
"Council" means the municipal council of the City of Charlottetown;
2.8
"Designated Push Cart/Food Truck Areas" means those areas within the City
designated in Schedule "A" of this Bylaw as areas in which the selling of food
and/or beverages from a push cart or food truck is permitted;
2.9
"Downtown Core Area" means the area:
BOUNDED on the North by Euston Street;
ON the East by Prince Street;
ON the South by the Northern boundary of the Hillsborough Harbour; and
ON the West by the Eastern boundary of Pownal Street;
2.10
"Flower Vendor" means a person who sells flowers from a basket carried by
hand;]
2.11
"Food Truck/Mobile Canteen" means is a motor-powered vehicle, not a trailer,
which is no greater than 10 metres in length (33 feet), by 2.6 metres in width (8.5
feet), by 4.3 metres in height (14 feet).
2.12
"Goods" means goods, wares and merchandise and includes food and/or
beverages;
2.13
"Person" means a natural person, or a body corporate, and includes a partnership,
a group of persons acting in concert or an association;
2.14
"Push Cart" means a hand-operated display device used or intended to be used
for transporting, storing, displaying and selling of food and/or beverages. The
display device or hand-operated push cart may be towed to the site, but it must be
small enough to be movable off the site by hand by the licensed operator.
2.15
"Push Cart/Food Truck Vendor" means any person who owns and operates or
has operated for him a push cart/food truck from which food and/or beverages
may be sold;
2.16
"Residential Street" means a street within the City of Charlottetown which is
not located within the downtown core area;
2.17
"Sidewalk" means the portion of a street set aside for the use of pedestrians
whether or not the surface is covered with gravel, concrete, asphalt, or other type
of paving;
2.18
"Street" means any street within the boundaries of the City of Charlottetown and
includes a lane, a bridge and a sidewalk;
2.19
"Selling" includes offering for sale and soliciting orders for the sale of goods.
STREET VENDORS BYLAW
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PART III:
3.
3.1
No person shall park, place or permit to be parked or placed on any street, park or
public place within the City any vehicle, mobile canteen, stand, van, trailer, push
cart or combined unit of vehicle and trailer for the purposes of selling goods of
any description except as permitted by this Bylaw.
3.2
No person shall expose for sale on, or sell any goods from any street, park, or
public place within the City except as permitted by this Bylaw.
PART IV:
4.
4.1
This Bylaw does not apply to:
(a)
A person who sells to only wholesale or retail dealers in similar goods;
(b)
A person who goes door-to-door selling milk, cream or fluid milk products
only to the consumer;
(c)
A farmer or fisherman resident in Prince Edward Island who goes door-to-
door selling only the produce of his own farm or fish caught by him;
(e)
A newspaper vendor who sells newspapers which he carries with him; and
(f)
A person selling for charitable organizations or non-profit groups such as
but not limited to school activities, girl guides, boy scouts, etc.
4.2
Notwithstanding Subsection 3.1 and 3.2 of this Bylaw:
(a)
A confectionery tricycle vendor who has been issued a license under this
Bylaw may carry on business within the areas designated in Subsection
5.1, (a), (b), (c), (d) and (e) of this Bylaw;
(b)
A push cart vendor who has been issued a license under this Bylaw may
carry on business in the location designated pursuant to Subsection 5.2 of
this Bylaw;
(c)
A flower vendor may carry on business pursuant to a flower vendor's
license issued pursuant to this Bylaw and within the areas designated in
Subsection 5.3; and
(d)
An abutting retailer may conduct a sidewalk sale pursuant to a permit
issued under this Bylaw.
STREET VENDORS BYLAW
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PART V:
5.
5.1
A confectionery tricycle vendor who has been issued a confectionery tricycle
license under this Bylaw may sell ice cream, ice milk or other iced confectionery
products from a confectionery tricycle for which a license has been issued under
this Bylaw on any residential street within the City. Notwithstanding the
foregoing, a confectionery tricycle vendor shall not carry on that business:
(a)
On any street within the downtown core area;
(b)
On any street, or part thereof, adjacent or bordering on any public park,
playground or athletic field where refreshments are available;
(c)
Within 30 meters of any school;
(d)
Within 30 meters of any retail establishment selling similar goods.
(e)
Within 30 meters of any retail establishment selling similar goods.
5.2
A push cart or food truck vendor who has been issued a license under this Bylaw
may sell those goods specified in that license from a push cart or food truck for
which a license has been issued under this Bylaw in the following places within
the City but in no other:
(a)
From the space in the designated push cart/food truck areas allotted to him
by the Licensing Inspector under Schedule "A" of the by-law.
5.3
A flower vendor who has been issued a license under this Bylaw may sell flowers
from a hand-carried basket in the following places but in no other:
(a)
Within the pedestrian mall; and
(b)
Within the downtown core area.
PART VI:
6.
6.1
A confectionery tricycle vendor who has been issued a license under this Bylaw
shall:
(a)
Use only a tricycle specified in a license issued to him and for which a
license has been issued under this Bylaw;
(b)
The license issued under this Bylaw must be displayed in a conspicuous
place on the tricycle;
STREET VENDORS BYLAW
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(c)
Equip the tricycle with a refuse container;
(d)
Use only a soft toned bell or chime on the tricycle;
(e)
Sell only ice cream, ice milk or other iced confectionery products which
are wrapped and shall not sell in bulk;
(f)
Equip each driver of a tricycle with bright clean wearing apparel;
(g)
Employ drivers who are students domiciled in the City and who are:
(1)
of the age of 16 years or over; or
(2)
of the age of 12 years and who have first furnished the owner of the
confectionery tricycle with a written consent signed by his parent
or lawful guardian that he may be employed as such.
(h)
Operate or permit the tricycle to be operated during daylight hours only;
(i)
Not operate or permit the vehicle during normal elementary school hours;
(j)
Not stop or permit the confectionery tricycle to be stopped on any of the
travelled portion of any street which is signed "No Parking" or "No
Stopping";
(k)
Not carry on business other than in those areas within the City designated
in Subsection 5.1, (a), (b), (c), (d), and (e) of this Bylaw;
(l)
Maintain the tricycle in good repair and appearance;
(m)
Park the tricycle adjacent to the curb of a sidewalk or off the travelled
portion of the street or where there is no sidewalk in any place where
parking is permitted pursuant to the City's Traffic Bylaw as amended from
time to time;
(n)
Not sell or otherwise dispense ice cream, milk or other iced
confectioneries elsewhere than on the curb side of the tricycle or on the
side nearest the boundary of the street if there is no sidewalk;
(o)
Comply with all provincial or municipal health standards prescribed for
the tricycle and for the manner of storing and handling the products sold
therefrom;
(p)
Comply with all applicable provisions of the Highway Traffic Act
R.S.P.E.I. 1974, H-6 and of the City's Traffic Bylaw as amended from time
to time; and
STREET VENDORS BYLAW
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(q)
Maintain any insurance required by this Bylaw in full force and effect
during the currency of any license issued to him under this Bylaw.
6.2
A push cart or food truck vendor who has been issued a license under this Bylaw
shall:
(a)
Use only a push cart or food truck specified in a license issued to him
under this Bylaw;
(b)
Not carry on business other than in the areas designated in or pursuant to
Subsection 5.2 and 5.2 (a) of this Bylaw;
(c)
Be free to operate at any hour, except where the location is in a residential
area (Schedule "A" Food Truck - Space #3) which shall not vend between
12:01 a.m. and 10:00 a.m. on any day;
(d)
Not leave any push cart or food truck unattended during business hours;
(e)
Not store, park or leave any push cart overnight on any street other than on
the pedestrian mall; and not propel the push cart after dusk unless
equipped with reflector tape and lights;
(f)
Food Trucks may remain stationary in the identified parking space for the
duration of approved license except in the following circumstances:
i)
during the winter overnight parking ban (Nov 15 to Apr 15)
ii)
where the food truck has ceased operating in excess of 48
hours
at which time the food truck is to be removed from the street location;
(g)
Food Trucks are to be maintained fully operational and capable of self-
propelled motion for immediate removal in an emergency situation. Food
trucks may be inspected, without notice by any police officer, Licensing
Inspector or Deputy Licensing Inspector appointed by the City, to ensure
that such operational capability is maintained;
(h)
dispose of grease and water in accordance with all laws & regulations;
(i)
Effective September 1, 2015, Non-Styrofoam packaging and cups must be
used for serving containers.
(j)
Not sell food products for immediate consumption unless he has available
for public use his own or a public litter receptacle which is available for
his customers' use. Recycling receptacles must be provided for any
STREET VENDORS BYLAW
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packaging that is recyclable, if present.
(k)
Not leave any location without first picking up, removing and disposing of
all refuse remaining from sales made by him;
(l)
Not allow anything relating to the operation of his business to be placed
anywhere other than in, on or under the push cart or food truck;
(m)
Not set up, maintain or permit the use of any table, crate, carton, rack or
any other device to increase the selling or display capacity of his push cart
or food truck unless the device has been referred to in his application for a
license under this Bylaw and has been approved by the Licensing Inspector
for use in conjunction with the push cart or food truck;
(n)
Not solicit or conduct business with persons in motor vehicles;
(o)
Not sell anything other than those goods which he is licensed under this
Bylaw to sell;
(p)
Use no loud speakers, amplifiers or other hailing devices;
(q)
Not sell or otherwise dispose of any goods elsewhere than on the curb side
of the push cart or food truck or on the side of the push cart or food truck
nearest the boundary of the street if there is no sidewalk;
(r)
Keep the push cart or food truck in good repair and appearance; and
(s)
Any electrical generator must be self-contained and not have a decibel
output exceeding 70 Db, which shall not exceed 60 Db when tested on the
property of the nearest potential complainant.
(t)
Maintain any insurance required by this Bylaw in full force and effort
during the currency of any license issued to him hereunder.
(u)
In the case of a food truck ensure that the provisions of the Highway
Traffic Act and the Motor Vehicle Inspection Regulations are met and
maintained.
PART VII:
7.
7.1
This Bylaw shall be administered and enforced by a Licensing Inspector and by so
many Deputy Licensing Inspectors as Council may appoint from time to time. A
Deputy Licensing Inspector appointed by Council under this Bylaw shall carry out
such functions and duties as may be assigned to him by the Licensing Inspector
which may include carrying on the duties of the Licensing Inspector in his
STREET VENDORS BYLAW
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absence.
7.2
An applicant for a license under this Bylaw shall make a separate written
application to the Licensing Inspector for each confectionery tricycle, push cart or
food truck, as the case may be, which he intends to operate or which he intends to
have operated for him.
7.3
An application for a license under this Bylaw shall be in a form prescribed by the
Licensing Inspector and shall contain:
(a)
The name, home and business address and telephone number of the
applicant;
(b)
A full description of the goods which the applicant intends to sell;
(c)
A full description, and a photograph or an artist's concept, of any
confectionery tricycle, push cart or food truck , for which a license is
sought together with the serial and registration number, if any, of the
vehicle;
(d)
Three prints of a full-faced photograph of the applicant and employee(s)
taken not more than 30 days prior to the date of the application.
(e)
Where applicable, the name and address of each known person the
applicant has employed or the number of persons the applicant intends to
employ to operate the vehicle, if any, for which a license is sought;
(f)
The designated push cart/food truck areas in which the applicant would
prefer to carry on business;
(g)
The months during which the applicant intends to carry on business and
his intended hours of operation; and
(h)
Such other information as the Licensing Inspector may require.
7.4
All applications for licenses shall be made after January 1, but before February 15
of each year to carry on a business under this by-law.
7.5
No license shall be issued pursuant to this Bylaw unless:
(a)
The license fee prescribed in Schedule "B" to this Bylaw has been paid;
(b)
Where applicable, the size and design of the confectionery tricycle, push
cart or food truck sought to be licensed by the applicant has been approved
by the Licensing Inspector;
STREET VENDORS BYLAW
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(c)
A member of the Charlottetown Police Force has certified, in writing to
the Licensing Inspector, that a confectionery tricycle for which a license is
sought has been inspected by him and is mechanically safe;
(d)
The Fire Inspector of the City certifies, in writing to the Licensing
Inspector, that he has inspected a push cart/food truck sought to be
licensed under this Bylaw and it complies with all applicable fire
standards;
(e)
A certified copy of a public liability insurance policy in a form and in an
amount established and described in Schedule "C" annexed hereto which
has been approved by resolution", naming the City as an additional named
insured has been provided to the Licensing Inspector;
(f)
A certificate of insurance in respect of such insurance policy providing
that such insurance policy cannot be cancelled or terminated without
sufficient prior notice has been provided to the Licensing Inspector;
(g)
A Hold Harmless Agreement has been completed and signed for any
license issued to operate on City Property. Which stipulates the applicant
agrees to save harmless the City of Charlottetown, from and against any
and all claims, including, without limitation, all claims for death, bodily
injury or property damage, arising from any act or omission of the vendor
or any assignee, agent, contractor, servant, employee, invitee or licensee of
the vendor and from and against all costs, counsel fees, expenses and
liabilities incurred in connection with any such claim or any action or
proceeding brought thereon related to the event.
(h)
Any federal, provincial or municipal permit, certificate, authority, license
or other document of qualification required by the applicant in order to
carry on his intended business, including any permit required under the
Public Health Act R.S.P.E.I. 1979, Cap. P-29.1 and the Electrical
Inspection Act R.S.P.E.I., 1974, Cap. E-2 as amended from time to time,
has been obtained.
7.6
Unless otherwise provided in this Bylaw, if an applicant has complied with all the
conditions of this Bylaw for the issuance of the license sought by him, the
Licensing Inspector shall issue that license to the applicant.
7.7
A license to sell food and/or beverages from a push cart/food truck issued in ac-
cordance with this Bylaw shall only permit the holder thereof to operate from a
location specified on that license for the display and sale of the goods described in
that license.
STREET VENDORS BYLAW
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PART VIII:
8.
8.1
If, in any year, the Licensing Inspector receives more applications from push
cart/food truck vendors than there are spaces established for push carts/food trucks
in designated push cart/food truck areas, then the Licensing Inspector shall issue
only as many licenses as there are such spaces to those applicants who have
complied with all the applicable requirements of this Bylaw for the issuance of the
license, based on priorities outlined in 8.1 (a) through (c).
For the issuance of licenses, the following shall apply: applications received
between January 1 and Feb 15, shall be reviewed and those complying with this
Bylaw will be given consideration for a license based on the following:
(a)
Firstly, to students who have indicated that they are planning to return to
school in the fall;
(b)
Then to local Charlottetown businesses;
(c)
Then to all other applicants.
Should the number of applications exceed the approved number of spaces, a
lottery will be held based on each of the priority levels (if needed) to allocate the
licenses, based on one lottery ticket per application. Where a lottery is
required, all applicants shall be advised in advance of the date, time and place of
the lottery.
8.2
The Licensing Inspector may also consider the following standards:
(a)
Quality in the workmanship and materials used in the construction of the
push cart;
(b)
Attractiveness in the design and coloration of the push cart;
(c)
Quality in the goods intended to be sold; and
(d)
Uniqueness in the goods intended to be sold.
8.3
Every license issued by the Licensing Inspector under this By-Law shall:
(a)
Specify the name and address of the licensee;
(b)
Where applicable, specify the allocated space of the licensee within the
pedestrian mall or designated push cart/food truck areas;
STREET VENDORS BYLAW
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(c)
Specify the type of goods which the licensee is licensed to sell;
(d)
Specify the license number and the date upon which it was issued.
8.4
The license issued under this Bylaw shall be deemed to be in force from the 1st -
day of April in the year of issue to the last day of December in the following year,
provided the applicant has indicated their desire to renew the license and has paid
the appropriate fee, prior to Feb 15th of the year of expiry.
8.5
The Licensing Inspector shall keep a record of all licenses issued under this
Bylaw.
8.6
A license issued under this Bylaw is not transferable or assignable or eligible for
resale.
8.7
Every licensee who has employed persons to operate a confectionery tricycle,
push cart or food truck for which a license has been issued under this Bylaw shall:
(a)
Supply each employee with an identification card with the name of the
employee, the date of employment and the license number of the vehicle
which is to be operated by him; this identification card shall be worn by
the employee while he is working;
(b)
Give immediate notice to the Licensing Inspector of every person so
employed by him and of the termination of employment of each such
employee.
8.8
Each flower vendor to whom a license has been issued under this Bylaw shall
carry that license with him at all times and shall produce it, upon request, to any
police officer, Licensing Inspector or Deputy Licensing Inspector appointed by the
City.
8.9
A police officer, the License Inspector or any other person authorized by Council
may inspect any confectionery tricycle, push cart or food truck for which a license
has been issued under this Bylaw at all reasonable times.
PART IX:
9.
9.1
An abutting retailer may make application to the Licensing Inspector for a permit
to conduct a sidewalk sale of goods, beverages and/or food products for no more
than two (2) days in a week. An application for such a permit shall be on a form
prescribed by the Licensing Inspector and contain:
(a)
The name, address and telephone number of the applicant;
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(b)
The name of the street upon which the retailer's permanent place of
business abuts;
(c)
The date and time for which the permit is required;
(d)
The size and proposed location of any tables or racks or other display
device intended to be used by the applicant during the sidewalk sale;
(e)
A full description of the goods intended to be sold; and
(f)
Such other information as the Licensing Inspector may require.
9.2
(a)
The Downtown Charlottetown Inc. or the Chamber of Commerce may
make application to the Licensing Inspector to hold sidewalk sales for the
months of June, July, August and September as long as Subsection 7.1,
7.2, 7.3, 7.4, and 7.5 have been complied with; and
(b)
A list of abutting retailers who wish to operate a sidewalk sale shall be
submitted to the City showing addresses and telephone numbers of the
merchants.
9.3
The Planning Board shall make a decision on which day(s) of the week all
retailers may hold sidewalk sales without requiring permits but there shall be no
more than two days designated for sidewalk sales in one week.
9.4
Special requests for sidewalk sales other than the day(s) designated shall be made
to the Licensing Inspector and Council may approve the special requests.
9.5
The Applicant shall provide such other information as the Licensing Inspector
may require, including the size and proposed location of any tables, racks or other
display devices to be used by the merchants for the sidewalk sales.
9.6
A permit may be issued under this Bylaw to an abutting retailer which shall permit
the holding of a sidewalk sale of food and beverages, including alcoholic
beverages, with a dining-room licence only, under the Liquor Control Act of the
Province (R.S.P.E.I. 1974, Cap. L-17) in areas approved by Council south of
Fitzroy Street only, provided:
(a)
The provisions of Subsection 9.1 (complete), 9.2, 9.3, 9.4 and 9.5 are
complied with;
(b)
Council has approved the use of any areas between the sidewalk and the
street to be used in the sidewalk sale;
(c)
Council has approved the closing of part or all of the travel portion of the
sidewalk for a specified time;
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(d)
That an agreement be entered into with the City in a form approved by
Council, which shall address, but is not limited to matters such as:
(1)
liability insurance;
(2)
time limits for use of the street right-of-way;
(3)
any fees to be charged for encroachment on a street right-of-way;
(4)
a scaled drawing showing the location of street furniture
accessories and landscaping on a street; and
(5)
hours of operation.
(e)
The abutting retailer that holds a dining room licence pursuant to the
Liquor Control Act of the Province (R.S.P.E.I. 1974, Cap. L-17) and that
the abutting retailer shall only conduct its sale of food and beverages in the
area on the sidewalk approved by Council;
(f)
That no permit shall be issued to an abutting retailer under this Section
unless:
(1)
the applicant is seeking a permit to hold a sidewalk sale on a
sidewalk abutting his permanent place of business;
(2)
the occupation of the sidewalk proposed by the applicant will not
impede pedestrian traffic or block or impair the entrance to any
premises abutting the area proposed to be occupied by the ap-
plicant during the sidewalk sale; and
(3)
the size and proposed location of all tables or racks or other display
devices intended to be used by the applicant during the sidewalk
sale has been approved by the Licensing Inspector.
9.7
(a)
An abutting retailer that holds a dining room licence pursuant to the
Liquor Control Act of the Province (R.S.P.E.I. 1974, Cap. L-17) may
make application to occupy a parking space(s), that abut their facility, in
the area bounded by; Pownal Street to the west, Hillsborough Street to the east
and Fitzroy Street to the north; for the sale of food and beverage products
from May 1 to October 31 of any year.
All applications for licenses shall be made after January 1, but before
February 15 of each year to carry on a business under this by-law.
Establishments that are situated on a corner, with frontage on two
streets, may apply for decks on both streets, however these would be
separate applications. Subject to the reviewing authority, a maximum
of three spaces may be considered in any application.
A license issued under this Bylaw shall be deemed to be in force from the
1st day of April in the year of issue to the last day of December in the two
years following, provided the applicant has indicated their desire to renew
the license and has paid the appropriate fee, prior to Feb 15th of the
STREET VENDORS BYLAW
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subsequent years.
For the purposes of clarification of subsection (a) and (b), those
licenses held or approved in 2013, remain in force and effect to
December 31st, 2015. Any new licenses approved in 2014 will also
remain in force and effect until December 31st 2015.
(b)
Consideration of applications for licenses in any year shall be on a first
received basis. Applications for licenses for spaces that are already
licensed for that year shall not be considered. Should the number of
applications exceed the approved number of spaces, a lottery will be held
to allocate the licenses, based on one lottery ticket per application.
Where a lottery is required, all applicants shall be advised in advance of
the date, time and place of the lottery.
(c)
Any license issued shall be subject to the requirement for the Applicant to
enter into an agreement with the City on terms acceptable to the City, and
which agreement addresses, but is not limited to the following:
(1)
liability insurance;
(2)
Hold Harmless Agreement
(3)
time limits for use of the street right-of-way;
(4)
any fees to be charged for encroachment on a street right-of-way;
(5)
a scaled drawing showing the location of street furniture
accessories and landscaping on a street;
(6)
hours of operation and space(s) approved;
(7)
the design of the fence to be constructed pursuant to Subsection
9.7(g) of this Bylaw.
(d)
The Licensing Inspector may issue a license to an abutting retailer for one
or more years but not more than three (3) years at a time. In determining
the duration of the license to be issued, the Licensing Inspector may
consider the expense to be incurred in constructing the required fencing
around the space. If, at the expiration of a license, no new applications are
received for a license for that space, then the license may be renewed by
the Licensing Inspector. Council shall by resolution from time to time
delete, assign new or additional spaces in the area outlined in section 9.7
(a),which may be issued licenses pursuant to this Bylaw;
(e)
In determining whether to issue a license, the Licensing Inspector shall
consider, but not be limited to consideration of the quality in the
workmanship and materials used in the construction of the fencing and any
tables and chairs, umbrellas and displays and attractiveness in the design
and coloration.
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(f)
The hours of operation pursuant to any license issued are from 8:00 AM to
12:00 midnight;
(g)
Every space for which a license is issued shall require the licensee to
construct a metal fence around the site in accordance with the designs
contained in Schedule "D".
PART X:
10.
10.1
Subject to an appeal to Council, a license or permit issued under this Bylaw may
be suspended or revoked by the Licensing Inspector:
(a)
For violation of this Bylaw;
(b)
For violation of any other Bylaw of the City;
(c)
For violation of any provincial or municipal health standards;
(d)
For violation of the Highway Traffic Act R.S.P.E.I. 1974 Cap. H-6;
(e)
For violation of any federal, provincial or municipal laws or regulations
governing business practices;
(f)
Breach by the licensee of any agreement entered into by him and the City;
or
(g)
On such other grounds as in the opinion of the Licensing Inspector are just
and reasonable.
10.2
Upon a license being suspended or revoked the Licensing Inspector shall notify
the licensee thereof by delivering a notice to him personally or by mailing a
double registered letter to the address shown on his license and after that notice
has been delivered the licensee shall not carry on his business until a new license
is issued or his suspended license is reinstated.
PART XI:
11.
11.1
Any person who has been refused a license or whose license has been suspended
or revoked by the Licensing Inspector may appeal such refusal, suspension or
revocation to Council.
11.2
An appeal to Council shall be in writing, shall be filed with the City Administrator
within 15 days of the receipt by the Licensee of notice of the refusal, suspension
or revocation as provided by Subsection 10.2 of this Bylaw and shall clearly state
the grounds for the appeal.
STREET VENDORS BYLAW
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11.3
The Council shall hear such appeals at such time and place as it may determine
and, upon such an appeal, Council may confirm the refusal, suspension or revoca-
tion by the License Inspector or may direct the License Inspector to issue or re-
instate the license.
PART XII:
12.
12.1
A person who violates or fails to comply with the provisions of this Bylaw is
guilty of an offence and is liable on summary conviction to a fine of not less than
$100 and not more than $500 and in default of payment to imprisonment for a
period not exceeding 30 days. Each day a person so operates shall comprise a
separate offence.
12.2
Where a person is carrying on business without a license required by this Bylaw,
or from a space other than the space allocated to him and specified in a license
issued under this Bylaw, in addition to any other remedy or penalty imposed by
this Bylaw:
(a)
The City may immediately and without notice of any kind remove any
vehicle or other device used in the storing, transporting, displaying or
selling of goods together with any goods displayed thereon to a place
selected by the City and all costs and charges incurred by the City for the
removal and storage shall be a lien thereon and the City may, by action in
any Court of competent jurisdiction, recover as a civil debt due to the City
by the owner the cost of removal and storage thereof; and
(b)
Each day a person so operates shall comprise a separate offence.
12.3
Where a person is carrying on a business in contravention of this Bylaw, then in
addition to any other remedy or penalty imposed by this Bylaw the City may, in all
such cases, apply to the Supreme Court of Prince Edward Island for an injunction
or other order prohibiting or restraining that person from contravening this Bylaw.
PART XIII:
13.
13.1
A person licensed under this Bylaw or holding a permit hereunder shall permit
employees of the City and employees of any public utility to enter upon any por-
tion of any street which has been allocated to him under this Bylaw and which he
is permitted to use for the purpose of installing, maintaining or repairing any street
or part thereof or any pipes, drains, cables, wires, poles or other installations.
13.2
Except as otherwise specifically provided in this Bylaw or any other Bylaw of the
City, nothing in this Bylaw relieves any person licensed under this Bylaw from
complying with all other applicable laws.
STREET VENDORS BYLAW
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13.3
Where the provisions of this Bylaw conflict with the provisions of any other
Bylaw of the City, the provisions of this Bylaw shall prevail.
STREET VENDORS BYLAW
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SCHEDULE "A"
DESIGNATED PUSH CART/FOOD TRUCK AREAS
On specific street corners and parking meter spaces as designated by this Bylaw - otherwise, it is
prohibited.
STREET VENDORS - PUSH CART SITES
See attached map for designated parking spaces
Space 1.
Single space on the southeast corner of Queen and Kent Streets intersection.
Space allocated on Kent Street in parking meter space # 6158.
Space 2.
Single space on the northeast corner of Queen and Richmond Streets intersection.
Space allocated on Queen Street in parking meter space # 6593.
Space 3.
Single space on the southeast corner of University Avenue and Kent Street
intersection. Space allocated on Kent Street in parking meter space # 6134.
STREET VENDORS BYLAW
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SCHEDULE "A"
DESIGNATED PUSH CART/FOOD TRUCK AREAS
On specific street corners and parking meter spaces as designated by this Bylaw - otherwise, it is
prohibited.
STREET VENDORS - FOOD TRUCK SITES
See attached map for designated parking spaces
Space 1.
Space(s) on the south side of Grafton St at Great George Street intersection.
Space(s) allocated on Grafton Street meter spaces # 6234
Space 2.
Space(s) on the southwest corner of Grafton and Church Streets intersection.
Space(s) allocated on Church Street.
Space 3.
Space(s) on the southeast corner of Water St. and Great George St. (restricted
hours, shall not vend on any day between 12:01 am and 10:00 am)
STREET VENDORS BYLAW
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SCHEDULE "B"
LICENSE FEE PER YEAR
1.
Push Cart per space
$ 600.00
2.
Food Truck per space
$1,200.00 (Apr-Dec)
3.
Food Truck per space
$1,600.00 (Year Round)
4.
Street Vending per parking space
$ 600.00
5.
Confectionary per tricycle
$ 25.00
6.
Restaurant - Abutting Retailer or Lounge
$600.00 per parking space
STREET VENDORS BYLAW
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SCHEDULE "C"
CHECK LIST
Push carts, food trucks and tricycles
1.
Application
2.
Full description and a photograph or an artist's concept of any confectionery tricycle,
push cart or food truck.
3.
Three (3) prints of a full faced photograph of applicant taken not more than 30 days prior
to application.
4.
Approvals:
(a)
Police Service
(b)
Building Inspector
(c)
Fire Inspector
(d)
Insurance for at least two million dollars ($2,000,000) public liability with the
City of Charlottetown named as third party and with notice given by the insurance
company to the City of Charlottetown is the insurance is ever cancelled.
5.
Confectionary Tricycles:
(a)
Over 12 Under 16
Parental Consent
Employer Indemnity
6.
Pedestrian Mall Owners:
(a)
Mall agreement
7.
Permits:
(a)
Push Carts
(i)
Public Health
Electrical
(b)
Food Trucks
(i)
Public Health
(c)
Tricycles
(i)
Public Health
8.
Fee: Cash or certified cheque payable to the City of Charlottetown.
STREET VENDORS BYLAW
22
STREET VENDORS BYLAW
23
STREET VENDORS BYLAW
24
STREET VENDORS BYLAW
25
STREET VENDORS BYLAW
26
STREET VENDORS BYLAW
27
STREET VENDORS BYLAW
28
STREET VENDORS BYLAW
29
APPLICATION FOR STREET VENDORS LICENSE
The City of Charlottetown requires that all applicants read the Special Events Protocol and
if alcohol service is being considered, the Events Alcohol Policy to ensure that their event
meets all City requirements.
Business Name:
Is this a first time application?
Yes No
Number of years in business?
Type of Vendors License:
Confectionary Tricycle Food Truck
Push Cart
Applicant:
Mailing Address & Postal Code:
Telephone #(day):
Telephone #(night):
Cell:
Fax:
Email Address:
Description of Goods Being Offered for Sale:
Location(s) Requested:
Food Truck - Location 1
Location 2
Location 3
Push Cart - Location 1
Location 2
Location 3
Confectionary Tricycle - Residential Area Only
Start Date:
Seasonal - Apr to Dec
Year Round (Food Trucks Only)
End Date:
Operating Hours - Start:
Operating Hours - Closing:
STREET VENDORS BYLAW
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Apparatus Description Information: (Confectionary/Food Truck/Push Cart Licenses Only)
Make:
Model:
Year:
Serial Number:
Does Vehicle/Equipment require Provincial Vehicle Registration?:
Yes
No
License Number:
Inspection Valid Until:
EMPLOYEE INFORMATION (Confectionary/Food Truck/Push Cart Licenses Only)
Employees Name:
Mailing Address & Postal Code:
Telephone #(day):
Telephone #(night):
Cell:
Date of Birth:
Employees Name:
Mailing Address & Postal Code:
Telephone #(day):
Telephone #(night):
Cell:
Date of Birth:
ATTACHMENTS - Check all that apply:
Photographs/Artist Conception of: Confectionary Tricycle Food Truck
Push Cart
Site Plan of Selected Location:
Attached
Certificate of Insurance
Attached
Hold Harmless Agreement
Attached
Photos (3) Applicant
Attached
Photos Employee(s)
Attached
Pedestrian Mall Agreement Attached
Not Required
Public Health Certificate Attached
Not Required
Electrical Inspection Certification Attached
Not Required
STREET VENDORS BYLAW
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The applicant acknowledges that he/she has read the Street Vendors Bylaw in its entirety, fully
understands the terms and conditions as outlined and has fully disclosed all details and
components related to applications of the street vending license.
Applicant Name:
Date:
Applicant Signature:
HOLD HARMLESS AGREEMENT
________________________________________(Name of Applicant) shall indemnify and hold
the City of Charlottetown and the Charlottetown Police Services harmless from and against all
liability, loss, claims, demands, costs, and expenses, including reasonable legal fees, occasioned
wholly or in part by any negligence or acts or omissions by the above named, their officers,
agents, employees, or others for whom they are responsible at law arising out of any cause
whatsoever, either direct or indirect, through its use and/or operation of City property in
connection with
__________________________________________________
(Street Vending Business)
excluding only such liability as may solely rise out of the negligence of the City and/or Police
Services, its employees, officers, or agents.
STREET VENDORS BYLAW
32
INSURANCE CERTIFICATE
During the period of the term of this license agreement with,
____________________________________________________________________
(Street Vending Business & Applicant)
shall maintain a policy of public liability and property damage insurance, including liquor
liability coverage if applicable, in the amount of Two Million Dollars ($2,000,000) and
containing endorsements showing "The Corporation of the City of Charlottetown" as an
additional insured and having a cross-liability clause, in form satisfactory to the City of
Charlottetown. Proof of insurance shall be made available to the City of Charlottetown with this
application.
Name of Applicant - must be incorporated or an individual:
Signature of Applicant or Authorized
Representative:
Signature of Witness:
Print Name and Title:
Print Name of Witness:
Date
STREET VENDORS BYLAW
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EMPLOYER INDEMNITY
CONFECTIONARY TRICYCLE USE ONLY:
I, _______________________________ hereby covenant, undertake and agree to accept full
responsibility for _________________________________ an employee of mine and to save
harmless and keep indemnified the said City of Charlottetown, the employee
_________________________________ and his parents or guardians from and against all claims
and demands whatsoever in respect of his employment in regards to finances and negligence.
Applicant Name:
Date:
Applicant Signature:
Name of Witness
Signature of Witness:
STREET VENDORS BYLAW
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PARENTAL CONSENT
CONFECTIONARY TRICYCLE USE ONLY:
We/I the undersigned being the parents or parent of ___________________________________,
an employee of __________________________ acknowledge that ________________________
is of the age of ______ and that he may be employed as a confectionery tricycle vendor.
Parent(s) Name:
Date:
Parent(s) Signature:
Name of Witness
Signature of Witness:
STREET VENDORS BYLAW
35
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
Amend various sections (p) "push cart" means a hand-operated
vehicle used or intended to be used for
displaying, storing, transporting goods
and from which goods may be sold;
Amend the definition of "push cart" under (p) as follows:
(p) "push cart" means a hand-operated vehicle or display devise used or
intended to be used for transporting, storing, displaying and selling of
goods. The display devise or hand operated vehicle may be towed to
the site but it must be small enough to be movable off the site by
hand, by the licensed operator;
14-Jun-95
21-Jun-95
21-Jun-95
nothing
Amend 4(a) by adding (vi) as follows:
4(a)(vi) A person selling for charitable organizations or non-profit
groups such as but not limited to school activities, girl guides, boy
scouts, etc.
4(b)(iv) A flower vendor may carry on
business pursuant to a flower vendor's
license issued pursuant to this Bylaw
and within the areas designated in
subsection 5(e); and
Amend 4(b)(iv) by changing in the last sentence "Subsection 5(c)" to
"Subsection 5(d)"
5(c)(i) from the space in the pedestrian
mall allotted to him by the Licensing
Inspector under this Bylaw; or
(ii) from the space in the designated
push cart areas allotted to him by the
Licensing Inspector under this Bylaw as
approved by resolution of City Council
Delete Section 5(c)(i) and change Section "5(c)(ii)" to "5(c)(i)" with the
following changes:
5(c)(i) from the space in the designated push cart areas allotted to him by
the Licensing Inspector under Schedule "B" of the Bylaw.
6(c)(i) use only a push cart specified in a
license issued to him and for which a
license plate has been issued under this
Bylaw;
Section 6(c)(i) - Delete the words "and for which a licence plate has been
issued"
6(c)(ii) fasten the license plate issued
under this Bylaw in a conspicuous place
on the push cart;
Section 6(c)(ii) - Delete this section and renumber the sections following it
accordingly.
6(c)(xiv) if located elsewhere than on the
pedestrian mall, not sell or otherwise
dispose of any goods elsewhere than on
the curbside of the push cart or on the
side of the push cart nearest the
boundary of the street if there is no
sidewalk;
Old Section # 6(c)(xiv) - Delete the words "if located elsewhere than on
the Pedestrian Mall"
7(c)(vi) where applicable, the location in
the pedestrian mall or in the designated
push cart areas in which the applicant
would prefer to carry on business;
Section 7(c)(vi) - Delete the words "where applicable the location in the
pedestrian mall or in"
STREET VENDORS BYLAW
36
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
7(d) All applications for license after
January 1, 1987 to carry on business
from a push cart shall be submitted to
the Licensing Inspector between
January 1st in each year and no later
than March 31st in any year or until all
sites are selected. All other applications
for license under this Bylaw must be
submitted to the Licensing Inspector no
later than June 1st in any year.
(i) The City shall advertise in February
that all applications must be submitted
by March 31st in each year.
Amend Section 7(d) as follows:
7(d) All applications for licenses shall be made after January 1, of
each year to carry on a business under this bylaw
Delete Section 7(d)(i)
7(e)(vii) a certificate of insurance in
respect of such insurance policy in a
form satisfactory to the City Solicitor
providing that such insurance policy
cannot be cancelled or terminated
without the City being given what is in
the opinion of the City Solicitor sufficient
prior notice has been provided to the
Licensing Inspector;
Section 7(e)(vii) - Delete the following words "in a form satisfactory to the
City Solicitor" and "the City being given what is in the opinion of the City
Solicitor"
7(e)(x) an applicant to whom a license to
sell goods from a push cart in the
pedestrian mall has entered into an
agreement in writing with the City under
which he has agreed to be open for
business in the year for which the
license has been issued from 8:00
o'clock a.m. to 10:00 o'clock p.m. each
day from Monday to Saturday in each
week from June 15th to September 15th
inclusive.
Delete Section 7(e)(x)
8.(a) If, in any year, the Licensing
Inspector receives more applications
form push cart vendors than there are
spaces established for push carts in the
pedestrian mall and in designated push
cart areas, then the Licensing Inspector
Amend Section 8(a) - near the beginning of the 1st sentence delete the
words "in the pedestrian mall and". Near the end of the 1st sentence
delete the words "and who in" & replace with "with students returning to
school to be given the highest priority and then in the order of the date of
receipt of applications. The Licensing Inspector may also consider the
following standards:"
STREET VENDORS BYLAW
37
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
shall issue only as many licenses as
there are such spaces to those
applicants who have complied with all
the applicable requirements of this
Bylaw for the issuance of the license
sought and who, in the Licensing
Inspector's opinion, best meet the
following standards:
(i) quality in the workmanship and
materials used in the construction of the
push cart;
(ii) attractiveness in the design and
colouration of the push cart;
(iii) quality in the goods intended to be
sold;
(iv) uniqueness in the goods intended to
be sold; and
(v) in order of date of receipt of
application.
Sections (i), (ii), (iii) & (iv) to remain the same.
Delete Section (v)
9.(a) An abutting retailer may make
application to the Licensing Inspector for
a permit to conduct a sidewalk sale of
goods other than food products. An
application for such a permit shall be on
a form prescribed by the Licensing
Inspector and contain:
Section 9(a) - in the first sentence delete "other than" and insert "beverage
and"
STREET VENDORS BYLAW
38
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
9.(b) No permit shall be issued to an
abutting retailer under this Section
unless:
(i) the applicant is seeking a permit to
hold a sidewalk sale on a sidewalk
abutting his permanent place of
business;
(ii) the occupation of the sidewalk
proposed by the applicant will not
impede pedestrian traffic or block or
impair the entrance to any premises
abutting the area proposed to be
occupied by the applicant during the
sidewalk sale; and
(iii) the size and proposed location of all
tables or racks or other display devices
intended to be used by the applicant
during the sidewalk sale has been
approved by the Licensing Inspector.
(c) A permit issued under this Bylaw to
an abutting retailer shall permit him to
hold a sidewalk sale of goods described
in the permit on that portion of the
sidewalk specified in the permit.
(d) An abutting retailer who has been
issued a permit under this Section shall
be subject to and shall comply with the
provisions of Subsections 6(c)(iv),
6(c)(v), 6(c)(vii), 6(c)(ix), 6(c)(x), 6(c)(xii),
Delete Section 9(b) to (e) and replace with the following sections as
follows:
9.(b)(i) The Downtown Business Association of the Chamber of
Commerce may make application to the Licensing Inspector to hold
sidewalk sales for the months of June, July, August and September as
long as Section 7(a), (b), (c), (d) and (e) have been complied with.
(ii) A list of abutting retailers who wish to operate a sidewalk sale shall be
submitted to the City showing addresses and telephone number of the
merchants.
(c) The Planning Board shall make a decision on which day(s) of the week
all retailers may hold sidewalk sales without requiring permits but there
shall be no more than two days designated for sidewalk sales in one
week.
(d) Special requests for sidewalk sales other than the day(s) designated
shall be made to the Licensing Inspector and Council may approve the
special requests.
(e) If requested by the Licensing Inspector provide the size and proposed
location of any tables, racks or other display devices to be used by
nothing
Add New section (f) as follows:
(f)Such other information as the Licensing Inspector may require.
STREET VENDORS BYLAW
39
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
nothing
Add New section (g) as follows:
(g) A permit shall be issued under this Bylaw to an abutting restaurant or
lounge and shall permit them to hold a sidewalk sale of food and
beverages with a dining-room licence only, under the Liquor Control Act of
the Province (R.S.P.E.I. 1974, Caps. 2-17) provided;
(1) the provisions of Section 9(a), (b), (c), (d), (e) & (f) are followed.
(2) Council have approved the use of any areas between the sidewalk and
the street
(3) Council have approved the closing of part or all of the travel portion of
the sidewalk for a specified time.
(4) That sidewalk sales for a licensed restaurant or lounge be permitted in
those areas of the City south of Fitzroy Street.
(5) Council shall require that an agreement be signed with the City, and
Council shall consider but is not limited to the following in the agreement:
(a) Liability Insurance
(b) Time limits for use of the street right-of -way
(c) Any fees to be charged for encroachment on a street right-of-way
(d) A scaled drawing showing the
Amend section 6.3 (d):
change from 2:00 a.m. to
2:30 a.m.
6.3(c) not vend between 2:00 a.m. and
10:00 a.m. on any day;
Amend section 6.3 (c) as follows:
6.3 (c) not vend between 2:30 a.m. and 10:00 a.m. on any day;
13-May-96
13-May-96
23-May-96
Amend section 8.4:
change in season,
amend Schedule B, and
C, and applicable forms
8.4 The license issued under this Bylaw
shall be deemed to be in force from the
1st day of May in any year to the 31st
day of October in the same year.
Amend section 8.4:
change season date from "the 1st of May in any year to the 31st day of
October in the same year" to "the 1st day of April in any year to the 1st
day in December in the same year"
14-Apr-98
14-Apr-98
23-Apr-98
Schedule "B" - DESIGNATED PUSH
CART AREA - STREET VENDORS -
SITES
3. South west corner of Grafton and
Church Streets east of Meter #28.
5. North west corner of Kent and Pownal
Streets - Meter space #9.
7. Longworth Avenue, Euston and
Weymouth Streets - corner
Amend Schedule "B":
delete numbers 3, 5 and 7, and renumber to proper sequence.
Fee: Push Cart $500.
Amend Schedule "C":
amend push cart fee from "$500." to "$600."
STREET VENDORS BYLAW
40
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
Intended Time of Operation:
Seasonal: (June 15th - Sept. 15th)
push cart fee $500
Amend Form:
Intended Time of Operation:
Seasonal: (April 1 - December 1)
and change push cart fee to $600 to correspond with Schedule "C"
An amendment to the
Street Vendors Bylaw to
allow street vendors to
sell food items only
2.6 "Designated Mobile Canteen
Areas" means those areas within the
City designated in Schedule "A" of this
Bylaw as areas in which the selling of
food products from a mobile canteen is
permitted;
Section 2.6 - Remove definition of "Designated Mobile Canteen Areas"
9-Dec-02
9-Dec-02
13-Jan-03
2.7 "Designated Push Cart Areas"
means those areas within the City
designated in Schedule "B" of this Bylaw
as areas in which the selling of goods
from a push cart is permitted;
Section 2.7 "Designated Push Cart Areas"
Replace the words 'Schedule "B"' with 'Schedule "A"'. Replace the word
'goods' with 'food products'
2.12 "Mobile Canteen" means any
motor vehicle registered pursuant to the
Highway Traffic Act R.S.P.E.I. 1974,
Cap. H-6 used or intended to be used
for displaying, storing or transporting
food products and from which food
products may be sold;
Section 2.12 - Remove definition of "Mobile Canteen"
2.13 "Mobile Canteen Vendor" means
any person who owns and operates or
has operated for him a mobile canteen
from which food products may be sold;
Section 2.13 - Remove definition of "Mobile Canteen Vendor"
4.2 Notwithstanding Sections 3,
Subsection 3.1 and 3.2 of this Bylaw:
(b) A mobile canteen vendor who has
been issued a license under this Bylaw
may carry on business in the areas
designated in Subsection 5.2 of this
Bylaw;
Remove Section 4.2 (b)
STREET VENDORS BYLAW
41
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
5.2 A mobile canteen vendor who has
been issued a license under this Bylaw
may sell food products from a mobile
canteen for which a license plate has
been issued under this Bylaw in the
following areas within the City but within
no others:
(a) On construction sites; and
(b) In the designated mobile canteen
areas.
Remove Section 5.2
5.3 (a) from the space in the designated
push cart areas allotted to him by the
Licensing Inspector under Schedule "B"
of the by-law.
Section 5.3 (a)
Replace the words 'Schedule "B"' with 'Schedule "A"'
5.5 Notwithstanding Subsection 5.2 and
any other provision of this Bylaw, no
more than one mobile canteen shall be
parked or placed in either Victoria Park
or in Queen Elizabeth Park for the
purposes of selling food products
therefrom at any one time.
Remove Section 5.5
6.2 A mobile canteen vendor who has
been issued a license under this Bylaw
shall:
(a) use only a motor vehicle specified in
a license issued to him and for which a
license plate has been issued under this
Bylaw;
(b) fasten the license plate issued under
this Bylaw in a conspicuous place on the
mobile canteen;
(c) maintain the mobile canteen in good
repair and appearance;
(d) equip the mobile canteen with a
refuse container;
(e) use no loud speakers or amplifiers or
other hailing devices;
Remove Section 6.2
STREET VENDORS BYLAW
42
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
(f) comply with all provincial and
municipal health standards for the
mobile canteen and the manner of
storing and handling the food products
sold therefrom;
(g) sell only food products;
(h) not carry on business other than in
those areas within the City designated in
Subsection 5.2 of this Bylaw; and
(i) maintain any insurance required
under this Bylaw in full force and effect
during the currency of any license
issued to him hereunder.
7.2 An applicant for a license under this
Bylaw shall make a separate written
application to the Licensing Inspector for
each confectionery tricycle, mobile
canteen, or push cart, as the case may
be, which he intends to operate or which
he intends to have operated for him.
Section 7.2
Remove the words 'mobile canteen'.
7.5 (a) the license fee prescribed in
Schedule "C" to this Bylaw has been
paid;
Section 7.5 (a)
Replace the words 'Schedule "C"' with 'Schedule "B"'.
7.5 (e) a certified copy of a public liability
insurance policy in a form and in an
amount established and described in
Schedule "D" annexed hereto which has
been approved by resolution", naming
the City as an additional named insured
has been provided to the Licensing
Inspector;
Section 7.5 (e)
Replace the words 'Schedule "D"' with 'Schedule "C"'.
7.7 A license to sell goods from a push
cart issued in accordance with this
Bylaw shall only permit the holder
thereof to operate from a location
specified on that license the push cart
identified in that license for the display
and sale of the goods described in that
license.
Section 7.7
Replace the word 'goods' with 'food'.
STREET VENDORS BYLAW
43
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
nothing
Section 8.1 - prior to subsection (a), new wording to include:
For the issuance of licenses, the following shall apply: Subsequent to
March 01 and prior to March 15 of any year, applications complying with
this Bylaw received on or prior to March 01 shall be reviewed and
consideration of issuance of licenses shall be on the following basis:
(a) firstly, to students who have indicated that they are planning to return
to school in the fall;
(b) then to local Charlottetown businesses;
(c) then to all other applicants.
(d) consideration of licenses received after March 15 of any year shall be
on an as received basis or the above criteria may apply.
12.3 Where a person is carrying on a
business in contravention of this Bylaw,
where a breach of this Bylaw is of a
continuing nature, or where a person is
carrying on business without a license
required under this Bylaw, then in
addition to any other remedy or penalty
imposed by this Bylaw the City may, in
all such cases, apply to the Supreme
Court of Prince Edward Island for an
injunction or other order prohibiting or
restraining that person from
contravening this Bylaw.
Section 12.3
Remove the words 'where a breach of this Bylaw is of a continuing nature,
or where a person is carrying on business without a license required under
this Bylaw'
13.4 In the year 1987 additional
applications for push car licenses will be
accepted after March 31, 1987.
Remove Section 13.4
SCHEDULE "A" - DESIGNATED
MOBILE CANTEEN AREA
1. Queen Elizabeth Co-op Park
2. Victoria Park - Between the City
Diamond and the Little League Diamond
Only one mobile canteen shall be
permissable in Victoria Park and only
one mobile canteen shall be
permissable in the Queen Elizabeth Co-
op Park. By a resolution of Council the
number may be increased for special
events if recommended by the
Recreation Comm.
Remove SCHEDULE "A"
STREET VENDORS BYLAW
44
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
SCHEDULE "B" - DESIGNATED PUSH
CART AREA
On specific street corners and parking
meter spaces as designated by
resolution of City Council - otherwise it is
prohibited.
STREET VENDORS - SITES
1. Northeast corner of Pownal and
Richmond Streets - Meter space
number 67.
2. Canadian Imperial Bank of
Commerce corner being the corner of
Grafton and Queen Streets. The stand
shall be located on the Grafton Street
side in the parking meter spot close to
the corner - Meter space number 56.
3. Southeast corner of Richmond and
Great George Streets.
4. Northeast corner of Queen and
Richmond Streets - Meter space
number 25.
5. Kent and University Avenue - H.F.
Trust - Meter space number 26.
6. Queen and Kent Streets - Toronto
Dominion Bank - Meter space number
11.
7. Northwest corner of Queen and
Water Streets - Meter space number
139.
SCHEDULE "B" -
Replace the words 'SCHEDULE "B" with 'SCHEDULE"A"'.
SCHEDULE "C" - LICENSE FEE
All Articles
Confectionery
1. Push Cart $600.00
$25.00/tricycle
All Articles Seasonal Year
2. Mobile Canteen $800.00 $1,000.00
Parks Only: $ 100.00
* These fees may be pro rated by City
Council for the 1986 season.
SCHEDULE "C" -
Replace the words 'SCHEDULE "C"' with 'SCHEDULE"B"'.
Remove item # 2 - Mobile Canteen.
Remove the words '* These fees may be pro rated by City Council for the
1986 season'.
STREET VENDORS BYLAW
45
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
SCHEDULE "C"
CHECKLIST
Push carts, mobile canteens and
tricycles
2. Full description and a photograph or
an artist's concept of any confectionery
tricycle, mobile canteen, or push cart.
4.(d) Insurance satisfactory to solicitor
for at least one million dollars
($1,000,000.00) public liability.
7. Permits:
(a) Mobiles
(i) Public Health
(ii) Vehicle Registration
SCHEDULE "C"
CHECKLIST -
From the 1st sentence - remove the words 'mobile canteens'.
From item #2 - remove the words 'mobile canteen'.
From item #4(d) - remove the words 'satisfactory to solicitor'.
From item #4(d) - at the end, new wording to include 'with the City of
Charlottetown named as third party and with notice given by the insurance
company to the City of Charlottetown if the insurance is ever cancelled.
From item #7 - remove part (a) Mobiles.
APPLICATION FOR STREET
VENDORS LICENSE
PREFERRED AREA OF BUSINESS:
MARK AN "X" AND SPECIFY
(d) MOBILE CANTEEN
APPLICATION FOR STREET VENDORS LICENSE -
Under the area of 'PREFERRED AREA OF BUSINESS' -
Remove part (d) MOBILE CANTEEN.
PHOTOGRAPHS OR ARTIST
CONCEPT ATTACHED (AS PER
BYLAW) OF CONFECTIONERY
TRICYCLE, MOBILE CANTEEN OR
PUSH CART. THREE (3)
PHOTOGRAPHS OF THE APPLICANT
ATTACHED (AS PER BYLAW).
Remove the words 'MOBILE CANTEEN' from last paragraph at end of
application.
Last page -
INTENDED HOURS OF OPERATION:
8 a.m. - 10 p.m. ______
DAYLIGHT HOURS 8 a.m. - 5 p.m. ___
FEE: MARK X
ALL ARTICLES CONFECTIONERY
PUSH CART $600.00 _ $25.00 ______
MOBILE CANTEEN
$800.00 Seasonal _____
$1,000.00 Yearly ______
INTENDED HOURS OF OPERATION:
Replace the time '8 a.m.' with '10 a.m.' in both areas of that line.
Under the area of 'FEE', remove the "MOBILE CANTEEN" option.
STREET VENDORS BYLAW
46
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
To remove reference of
"mobile canteens" in Sec
7.3(c) and 8.9 (as per
Jan 2003 amendment);
to define a minimum fine
of $100 and a maximum
fine of $500 for offence
infractions to be
reflective of similar
penalties in other
provincial and municipal
legislation; to include an
enforcement provision
for daily infractions.
7.3(c) a full description, and a
photograph or an artist's concept, of any
confectionery tricycle, mobile canteen,
or push cart, for which a license plate is
sought together with the serial and
registration number, if any, of the
vehicle;
Section 7.3(c)
Remove the word 'mobile canteen'.
12-Jul-04
12-Jul-04
14-Jul-04
8.9 A police officer, the License
Inspector or any other person authorized
by Council may inspect any confec-
tionery tricycle, mobile canteen or push
cart for which a license plate has been
issued under this Bylaw at all
reasonable times.
Section 8.9
Remove the word 'mobile canteen'.
12.1 A person who violates or fails to
comply with the provisions of this Bylaw
is guilty of an offence and is liable on
summary conviction to a fine not
exceeding $500.00 and in default of
payment to imprisonment for a period
not exceeding 30 days.
12.1 A person who violates or fails to comply with the provisions of this
Bylaw is guilty of an offence and is liable on summary conviction to a fine
of not less than $100 and not more than $500 and in default of payment
to imprisonment for a period not exceeding 30 days.
12.2 Where a person is carrying on
business without a license required by
this Bylaw, or from a space other than
the space allocated to him and specified
in a license issued under this Bylaw, in
addition to any other remedy or penalty
imposed by this Bylaw, the City may
immediately and without notice of any
kind remove any vehicle or other device
used in the storing, transporting,
displaying or selling of goods together
with any goods displayed thereon to a
place selected by the City and all costs
and charges incurred by the City for the
removal and storage shall be a lien
12.2(a) Where a person is carrying on business without a license required
by this Bylaw, or from a space other than the space allocated to him and
specified in a license issued under this Bylaw, in addition to any other
remedy or penalty imposed by this Bylaw, the City may immediately and
without notice of any kind remove any vehicle or other device used in the
storing, transporting, displaying or selling of goods together with any
goods displayed thereon to a place selected by the City and all costs and
charges incurred by the City for the removal and storage shall be a lien
thereon and the City may, by action in any Court of competent jurisdiction,
recover as a civil debt due to the City by the owner the cost of removal
and storage thereof; and
(b) Each day a person so operates shall comprise a separate offence.
STREET VENDORS BYLAW
47
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
thereon and the City may, by action in
any Court of competent jurisdiction,
recover as a civil debt due to the City by
the owner the cost of removal and
storage thereof.
To amend the Street
Vending Bylaw:
to allow for the sale of
food, grocery and
beverage products in
designated parking
spaces on Queen Street
south of Grafton Street;
and
to add wording clarity
to various sections
throughout.
2.1 "Abutting Retailer" means a
person who carries on retail business
from a permanent place of business
abutting a sidewalk in the City and who
pays business taxes to the City;
Amend as follows:
2.1 "Abutting Retailer" means a person who carries on retail business
from a permanent place of business abutting a sidewalk in the City and
pays business taxes to the City or is a tenant of the building for which
taxes are paid to the City;
10-May-06
10-May-06
11-May-06
Nothing
Add new definition:
2.2 "Agreement" means all agreements mentioned in this Bylaw
which shall be executed by the Mayor and Chief Administrative
Officer of the City of Charlottetown;
Nothing
Add the words "and/or beverages" after the word 'food' in Sections 2.6,
2.9, 2.10, 2.11, 2.13, 2.14, 7.7
4.1(c) A person using a portion of a
street for a reasonable time during the
taking in or delivery of goods;
Section 4.1(c)
Remove subsection and renumber remaining subsections
4.2 Notwithstanding Sections 3,
Subsection 3.1 and 3.2 of this Bylaw:
Section 4.2
Remove the words "Sections 3"
8.1(d) Consideration of licenses
received after March 15 of any year shall
be on an as-received basis or the above
criteria may apply.
Amend as follows:
8.1(d) Consideration of licenses received after March 15 of any year shall
be on an as-received basis and the above criteria may apply.
STREET VENDORS BYLAW
48
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
9.1 An abutting retailer may make
application to the Licensing Inspector for
a permit to conduct a sidewalk sale of
goods, beverage and food products. An
application for such a permit shall be on
a form prescribed by the Licensing
Inspector and contain:
Amend as follows:
9.1 An abutting retailer may make application to the Licensing Inspector
for a permit to conduct a sidewalk sale of goods, beverages and/or food
products for no more than two (2) days in a week. An application for
such a permit shall be on a form prescribed by the Licensing Inspector
and contain:
9.2(a) The Downtown Business
Association or the Chamber of
Commerce may make application to the
Licensing Inspector to hold sidewalk
sales for the months of June, July,
August and September as long as
Subsection 7.1, 7.2, 7.3, 7.4, and 7.5
have been complied with; and
Amend as follows:
9.2(a) The Downtown Charlottetown Inc. or the Chamber of Commerce
may make application to the Licensing Inspector to hold sidewalk sales for
the months of June, July, August and September as long as Subsection
7.1, 7.2, 7.3, 7.4, and 7.5 have been complied with; and
9.5 If requested by the Licensing
Inspector provide the size and proposed
location of any tables, racks or other
display devices to be used by the
merchants for the sidewalk sales.
9.6 Such other information as the
Licensing Inspector may require.
Combine and reword Sections 9.5 and 9.6 as follows and renumber
remaining sections:
9.5 The Applicant shall provide such other information as the
Licensing Inspector may require, including the size and proposed
location of any tables, racks or other display devices to be used by
the merchants for the sidewalk sales.
9.7 A permit may be issued under this
Bylaw to an abutting restaurant or
lounge and shall permit them to hold a
sidewalk sale of food and beverages
with a dining-room licence only, under
the Liquor Control Act of the Province
(R.S.P.E.I. 1974, Cap. L-17), provided:
(a) The provisions of Subsection 9.1
(complete), 9.2, 9.3, 9.4, 9.5, and 9.6
are followed;
Amended and renumbered as follows:
9.6 A permit may be issued under this Bylaw to an abutting retailer which
shall permit the holding of a sidewalk sale of food and beverages,
including alcoholic beverages, with a dining-room licence only, under
the Liquor Control Act of the Province (R.S.P.E.I. 1974, Cap. L-17) in
areas approved by Council south of Fitzroy Street only, provided:
(a) The provisions of Subsection 9.1 (complete), 9.2, 9.3, 9.4 and 9.5 are
complied with;
STREET VENDORS BYLAW
49
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
(b) Council has approved the use of any
areas between the sidewalk and the
street;
(c) Council has approved the closing of
part or all of the travel portion of the
sidewalk for a specified time;
(d) That sidewalk sales for a licensed
restaurant or lounge be permitted in
those areas of the City south of Fitzroy
Street;
(e) Council shall require that an
agreement be signed with the City, and
Council shall consider but is not limited
to the following in the agreement:
(1) liability insurance,
(2) time limits for use of the street
right-of-way,
(3) any fees to be charged for
encroachment on a street right-of-way,
(4) a scaled drawing showing the
location of street furniture accessories
and landscaping on a street,
(5) hours of operation;
(f) The restaurant or lounge holds a
dining room licence only for the area
used on the sidewalk under the Liquor
Control Act of the Province (R.S.P.E.I.
1974, Cap. L-17);
(g) No permit shall be issued to an
abutting retailer under this Section
unless:
(1) the applicant is seeking a permit to
hold a sidewalk sale on a sidewalk
abutting his permanent place of
business;
(2) the occupation of the sidewalk
proposed by the applicant will not
impede pedestrian traffic or block or
impair the entrance to any premises
abutting the area proposed to be
(b) Council has approved the use of any areas between the sidewalk and
the street to be used in the sidewalk sale;
(c) Council has approved the closing of part or all of the travel portion of
the sidewalk for a specified time;
(d) That an agreement be entered into with the City in a form approved
by Council, which shall address, but is not limited to matters such
as:
(1) liability insurance;
(2) time limits for use of the street right-of-way;
(3) any fees to be charged for encroachment on a street right-of-way;
(4) a scaled drawing showing the location of street furniture accessories
and landscaping on a street; and
(5) hours of operation.
(e) The abutting retailer that holds a dining room licence pursuant to
the Liquor Control Act of the Province (R.S.P.E.I. 1974, Cap. L-17) and
that the abutting retailer shall only conduct its sale of food and
beverages in the area on the sidewalk approved by Council;
(f) That no permit shall be issued to an abutting retailer under this Section
unless:
(1) the applicant is seeking a permit to hold a sidewalk sale on a
sidewalk abutting his permanent place of business;
(2) the occupation of the sidewalk proposed by the applicant will not
impede pedestrian traffic or block or impair the entrance to any premises
abutting the area proposed to be occupied by the applicant during the
sidewalk sale; and
(3) the size and proposed location of all tables or racks or other display
devices intended to be used by the applicant during the sidewalk sale has
been approved by the Licensing Inspector.
STREET VENDORS BYLAW
50
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
occupied by the applicant during the
sidewalk sale; and
(3) the size and proposed location of
all tables or racks or other display
devices intended to be used by the
applicant during the sidewalk sale has
been approved by the Licensing
Inspector
Nothing
Add new section as follows:
9.7 (a) An abutting retailer that holds a dining room licence pursuant
to the Liquor Control Act of the Province (R.S.P.E.I. 1974, Cap. L-17)
may make application to occupy a parking space(s) on Queen Street
south of Grafton Street for the sale of food, grocery and beverage
products from May 1 to October 31 of any year. The application shall
not be made earlier than April 1 and not later than June 15 in any
year.
(b) Consideration of applications for licenses in any year shall be on
a first received basis. Applications for licenses for spaces that are
already licensed for that year shall not be considered.
(c) Any license issued shall be subject to the requirement for the
Applicant to enter into an agreement with the City on terms
acceptable to the City, and which agreement addresses, but is not
limited to the following:
(1) liability insurance;
(2) time limits for use of the street right-of-way;
(3) any fees to be charged for encroachment on a street right-of-
way;
(4) a scaled drawing showing the location of street furniture
accessories and landscaping on a street;
(5) hours of operation and space(s) approved;
(6) the design of the fence to be constructed pursuant to Section
9.7(g) of this Bylaw.
(d) The Licensing Inspector may issue a license to an abutting
retailer for one or more years but not more than five (5) years at a
time. In determining the duration of the license to be issued, the
Licensing Inspector may consider the expense to be incurred in
constructing the required fencing around the space. If, at the
expiration of a license, no new applications are received for a license
for that space, then the license may be renewed by the Licensing
STREET VENDORS BYLAW
51
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
Inspector. Council shall by resolution from time to time delete,
assign new or additional spaces on Queen Street south of Grafton
Street, which may be issued licenses pursuant to this Bylaw;
(e) In determining whether to issue a license, the Licensing Inspector
shall consider, but not be limited to consideration of the quality in
the workmanship and materials used in the construction of the
fencing and any tables and chairs, umbrellas and displays and
attractiveness in the design and coloration.
(f) The hours of operation pursuant to any license issued are from
8:00 AM to 12:00 midnight;
(g) Every space for which a license is issued shall require the
licensee to construct a metal fence around the site in accordance
with the designs contained in Schedule "D".
12.1 A person who violates or fails to
comply with the provisions of this Bylaw
is guilty of an offence and is liable on
summary conviction to a fine of not less
than $100 and not more than $500 and
in default of payment to imprisonment
for a period not exceeding 30 days.
Amend as follows:
12.1 A person who violates or fails to comply with the provisions of this
Bylaw is guilty of an offence and is liable on summary conviction to a fine
of not less than $100 and not more than $500 and in default of payment to
imprisonment for a period not exceeding 30 days. Each day a person so
operates shall comprise a separate offence.
SCHEDULE "A"
DESIGNATED PUSH CART AREA
On specific street corners and parking
meter spaces as designated by
resolution of City Council - otherwise it is
prohibited.
STREET VENDORS - SITES
1. Northeast corner of Pownal and
Richmond Streets - Meter space
number 67.
2. Canadian Imperial Bank of
Commerce corner being the corner of
Grafton and Queen Streets. The
stand shall be located on the Grafton
Street side in the parking meter spot
close to the corner - Meter space
number 56.
SCHEDULE "A"
DESIGNATED PUSH CART AREA
On specific street corners and parking meter spaces as designated by
resolution of City Council - otherwise, it is prohibited.
STREET VENDORS - SITES
See attached map for designated parking spaces
1. Northwest corner of Queen and Grafton Streets intersection with space
allocated on the Grafton Street side
2. Northeast corner of Queen and Richmond Streets intersection with
space allocated on Queen Street
3. Southeast corner of University Avenue and Kent Street intersection
with space allocated on Kent Street
4. Southeast corner of Queen and Kent Streets intersection with space
allocated on Kent Street
STREET VENDORS BYLAW
52
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
3. Southeast corner of Richmond and
Great George Streets.
4. Northeast corner of Queen and
Richmond Streets - Meter space
number 25.
5. Kent and University Avenue - H.F.
Trust - Meter space number 26.
6 Queen and Kent Streets - Toronto
Dominion Bank - Meter space
number 11.
7. Northwest corner of Queen and
Water Streets - Meter space number
139.
SCHEDULE "B"
LICENSE FEE
All Articles Confectionery
1. Push Cart $600.00
$25.00 per
tricycle
SCHEDULE "B"
LICENSE FEE PER YEAR
1.
Push Cart per space
$600.00
2.
Street Vending per parking space
$600.00
3.
Confectionary per tricycle
$ 25.00
APPLICATION FOR STREET
VENDORS LICENSE
(second page)
The applicant acknowledges that he/she
has read the Street Vendors Bylaw in its
entirety, being Bylaw No. 47.
DATED: _______ AT: _____________
WITNESS: _____________________
APPLICANT: ____________________
PHOTOGRAPHS OR ARTIST
CONCEPT ATTACHED (AS PER
BYLAW) OF CONFECTIONERY
TRICYCLE, OR PUSHCART.
THREE (3) PHOTOGRAPHS OF THE
APPLICANT ATTACHED (AS PER
BYLAW).
Amended as follows:
APPLICATION FOR STREET VENDORS LICENSE
(second page)
The applicant acknowledges that he/she has read the Street Vendors
Bylaw in its entirety.
DATED: ____________ AT: _______________________________
WITNESS: __________ APPLICANT: _______________________
PHOTOGRAPHS OR ARTIST CONCEPT ATTACHED (AS PER BYLAW)
OF CONFECTIONERY TRICYCLE, PUSHCART OR PARKING SPACE
FOR A RESTAURANT, ABUTTING RETAILER OR LOUNGE.
THREE (3) PHOTOGRAPHS OF THE APPLICANT ATTACHED (AS PER
BYLAW).
To amend by deleting
Schedule "A" and
replacing with new
schedule
Section "A" ...
2. Northeast corner of Queen and
Richmond Streets intersection with
space allocated on Queen Street
Amend as follows:
2. Space in front of 72-74 Queen Street as shown on map below and also
shown as parking space # 81 on Schedule "D"
10-Nov-08
10-Nov-08
08-Dec-08
STREET VENDORS BYLAW
53
Amendment Summary
Previous Wording
Amendment Detail
1st Reading
2nd Reading
3rd Reading
To amend the geographical area
for patios, set number of parking
spaces to use, definitions of food
trucks, carts, mobile canteen,
etc; new application process for
licenses.
2.7"Designated Push Cart Areas"
means those areas within the City
designated in Schedule "A" of this
Bylaw as areas in which the selling
of food and/or beverages from a
push cart is permitted;
2.13"Push Cart Vendor" means
any person who owns and
operates or has operated for him a
push cart from which food and/or
beverages may be sold;
Part V
5.25 A push cart vendor who has
been issued a license under this
Bylaw may sell those goods
specified in that license from a
push cart for which a license plate
has been issued under this
Bylaw in the following places
within the City but in no other
(a) From the space in the
designated push cart areas
allotted to him by the Licensing
, Inspector under Schedule "A" of
the by-law.
Part II: Definitions
14-Apr-14
14-Apr-14
08-May-14
Added
2.2"Abutting Retailer - Dining Room License Space(s)" means a total
of 24 parking spaces, approved by Council, available for
consideration of applications for the installation of exterior decks in
the area approved under section 9.7 (a).
2.8"Designated Push Cart/Food Truck Areas" means those areas within
the City designated in Schedule "A" of this Bylaw as areas in which the
selling of food and/or beverages from a push cart or food truck is
permitted;
2.11"Food Truck/Mobile Canteen" means is a motor-powered vehicle,
not a trailer, which is no greater than 10 metres in length (33 feet), by
2.6 metres in width (8.5 feet), by 4.3 metres in height (14 feet).
2.15"Push Cart/Food Truck Vendor" means any person who owns and
operates or has operated for him a push cart/food truck from which food
and/or beverages may be sold;
5.25 A push cart or food truck vendor who has been issued a license
under this Bylaw may sell those goods specified in that license from a
push cart or food truck for which a license has been issued under this
Bylaw in the following places within the City but in no other:
(a)From the space in the designated push cart/food truck areas
allotted to him by the Licensing Inspector under Schedule "A" of the by-
law
STREET VENDORS BYLAW
54
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
6.2 A push cart vendor who has
been issued a license under this
Bylaw shall:
(a)Use
only
a
push
cart
specified in a license issued to
him under this Bylaw;
(c)Not vend between 2:30 a.m.
and 10:00 a.m. on any day;
(d) Not leave any push cart
unattended during business hours;
6.2 A push cart or food truck vendor who has been issued a license
under this Bylaw shall:
(a)Use only a push cart or food truck specified in a license issued to him
under this Bylaw;
(c) Not vend between 12:01 a.m. and 10:00 a.m. on any day;
(d) Not leave any push cart or food truck unattended during business
hours;
(e) Not store, park or leave any
push cart overnight on any street
other than on the pedestrian mall;
and not propel the cart after dusk
unless equipped with reflector tape
and lights;
(h) Not allow anything relating to
the operation of his business to be
placed anywhere other than in, on
or under the push cart;
(i) Not set up, maintain or permit
the use of any table, crate, carton,
rack or any other device to
increase the selling or display
capacity of his push cart unless
the device has been referred to in
his application for a license under
this Bylaw and has been approved
by the Licensing Inspector for
use in conjunction with the push
cart;
(m) Not sell or otherwise dispose
of any goods elsewhere than on
the curb side of the push cart or on
the side of the push cart nearest
the boundary of the street if there
is no sidewalk
(n) Keep the push cart in good
repair and appearance; and
(e) Not store, park or leave any push cart or food truck overnight on any
street other than on the pedestrian mall; and not propel the push cart after
dusk unless equipped with reflector tape and lights;
(h) Not allow anything relating to the operation of his business to be
placed anywhere other than in, on or under the push cart or food truck;
(i) Not set up, maintain or permit the use of any table, crate, carton, rack
or any other device to increase the selling or display capacity of his
push cart or food truck unless the device has been referred to in his
application for a license under this Bylaw and has been approved by the
Licensing Inspector for use in conjunction with the push cart or food
truck;
(m) Not sell or otherwise dispose of any goods elsewhere than on the curb
side of the push cart or food truck or on the side of the push cart or food
truck nearest the boundary of the street if there is no sidewalk;
(n) Keep the push cart or food truck in good repair and appearance; and
STREET VENDORS BYLAW
55
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
7.2 An applicant for a license
under this Bylaw shall make a
separate written application to the
Licensing Inspector for each
confectionery tricycle or push cart,
as the case may be, which he
intends to operate or which he
intends to have operated for him.
7.3(c) A full description, and a
photograph or an artist's concept,
of any confectionery tricycle or
push cart, for which a license plate
is sought together with the serial
and registration number, if any, of
the vehicle;
(d) Three prints of a full-faced
photograph of the applicant taken
not more than 30 days prior to the
date of the application.
(f) The designated push cart areas
in which the applicant would prefer
to carry on business;
7.4 All applications for licenses
shall be made after January 1 of
each year to carry on a business
under this by-law.
(p) In the case of a food truck ensure that the provisions of the
Highway Traffic Act and the Motor Vehicle Inspection Regulations are
met and maintained.
7.2 An applicant for a license under this Bylaw shall make a separate
written application to the Licensing Inspector for each confectionery
tricycle, push cart or food truck, as the case may be, which he intends
to operate or which he intends to have operated for him.
(c) A full description, and a photograph or an artist's concept, of any
confectionery tricycle, push cart or food truck , for which a license
is
sought together with the serial and registration number, if any, of the
vehicle;
(d) Three prints of a full-faced photograph of the applicant and
employee(s) taken not more than 30 days prior to the date of the
application.
(f) The designated push cart/food truck areas in which the applicant
would prefer to carry on business;
7.4 All applications for licenses shall be made after January 1, but before
February 15 of each year to carry on a business under this by-law.
STREET VENDORS BYLAW
56
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
7.5(b) Where applicable, the size and
design of the confectionery tricycle,
push cart sought to be licensed by the
applicant has been approved by the
Licensing Inspector;
(d) The Fire Inspector of the City
certifies, in writing to the
Licensing
Inspector, that he has inspected a push
cart sought to be licensed under this
Bylaw and it complies with all
applicable fire standards;
(g) Where any person applies for a
license for a confectionery tricycle, the
applicant agrees in writing to the City to
accept full responsibility for any
employee or agents who may operate
the tricycle without looking to those
employees or agents who may operate
the tricycle without looking to those
employees or agents or their parents or
guardians for financial responsibility for
negligence. Further, the applicant
must agree, in writing, to indemnify and
hold harmless the employee or agent
or his parent or guardian in the event
that a claim for negligence is made
against the employee or agent or his
parent or guardian;
7.7 A license to sell food and/or
beverages from a push cart issued
in
accordance with this Bylaw shall only
permit the holder thereof to operate
from a location specified on that
license the push cart identified in that
license for the display and sale of the
goods described in that license.
7.5(b) Where applicable, the size and design of the confectionery tricycle, push cart
or food truck sought to be licensed by the applicant has been approved by the
Licensing Inspector;
(d) The Fire Inspector of the City certifies, in writing to the Licensing Inspector, that
he has inspected a push cart/food truck sought to be licensed under this Bylaw
and it complies with all applicable fire standards;
(g) A Hold Harmless Agreement has been completed and signed for any
license issued to operate on City Property. Which stipulates the applicant
agrees to save harmless the City of Charlottetown, from and against any and
all claims, including, without limitation, all claims for death, bodily injury or
property damage, arising from any act or omission of the vendor or any
assignee, agent, contractor, servant, employee, invitee or licensee of the
vendor and from and against all costs, counsel fees, expenses and liabilities
incurred in connection with any such claim or any action or proceeding
brought thereon related to the event.
7.7 A license to sell food and/or beverages from a push cart/food truck issued in
accordance with this Bylaw shall only permit the holder thereof to operate from a
location specified on that license for the display and sale of the goods described in
that license.
STREET VENDORS BYLAW
57
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
8.1 If, in any year, the Licensing
Inspector receives more applications
from push cart vendors than there are
spaces established for push carts in
designated push cart areas, then the
Licensing Inspector shall issue only as
many licenses as there are such
spaces to those applicants who have
complied with all the applicable
requirements of this Bylaw for the
issuance of the license sought with
students returning to school to be given
the highest priority and then in the
order of the date of receipt of
applications.
For the issuance of licenses, the
following shall apply: subsequent to
March 01 and prior to March 15 of any
year, applications complying with this
Bylaw received on or prior to March 01
shall be reviewed and consideration of
issuance of licenses shall be on the
following basis:
(d) Consideration of licenses received
after March 15 of any year shall be on
an as-received basis and the above
criteria may apply.
(b) Where applicable, specify the
allocated space of the licensee within
the pedestrian mall or designated push
cart areas;
8.4 The license issued under this
Bylaw shall be deemed to be in force
from the 1st day of April in any year to
the 1st day of December in the same
year.
8.1 If, in any year, the Licensing Inspector receives more applications from push
cart/food truck vendors than there are spaces established for push carts/food
trucks in designated push cart/food truck areas, then the Licensing Inspector shall
issue only as many licenses as there are such spaces to those applicants who have
complied with all the applicable requirements of this Bylaw for the issuance of the
license, based on priorities outlined in 8.1 (a) through (c).
For the issuance of licenses, the following shall apply: applications received
between January 1 and Feb 15, shall be reviewed and those complying with
this Bylaw will be given consideration for a license based on the following:
Part VIII, Section 8.1 (d) is deleted
(added in 8.1) Should the number of applications exceed the approved number
of spaces, a lottery will be held based on each of the priority levels (if needed)
to allocate the licenses, based on one lottery ticket per application. Where a
lottery is required, all applicants shall be advised in advance of the date, time
and place of the lottery.
(b) Where applicable, specify the allocated space of the licensee within the
pedestrian mall or designated push cart/food truck areas;
8.4 The license issued under this Bylaw shall be deemed to be in force from the 1st
-day of April in the year of issue to the last day of December in the following
year, provided the applicant has indicated their desire to renew the license
and has paid the appropriate fee, prior to Feb 15th of the year of expiry.
STREET VENDORS BYLAW
58
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
8.6 A license issued under this Bylaw is 8.6 A license issued under this Bylaw is not transferable or assignable or eligible
not transferable or assignable
for resale.
8.7 Every licensee who has employed
persons to operate a confectionery
8.7 Every licensee who has employed persons to operate a confectionery tricycle,
push cart or food truck for which a license has been issued under this Bylaw
tricycle or push cart for which a license
plate has been issued under this Bylaw
shall:
9.7(a) An abutting retailer that holds a
9.7(a) An abutting retailer that holds a dining room licence pursuant to the Liquor
dining room licence pursuant to the
Control Act of the Province (R.S.P.E.I. 1974, Cap. L-17) may make application to
Liquor Control Act of the Province
occupy a parking space(s), that abut their facility, in the area bounded by;
(R.S.P.E.I. 1974, Cap. L-17) may make Pownal Street to the west, Hillsborough Street to the east and Fitzroy Street
application to occupy a parking
to the north; for the sale of food and beverage products from May 1 to October 31
space(s) on Queen Street south of
of any year.
Grafton Street for the sale of food,
grocery and beverage products from
All applications for licenses shall be made after January 1, but before
May 1 to October 31 of any year. The
February 15 of each year to carry on a business under this by-law.
application shall not be made earlier
than April 1 and not later than June 15
Establishments that are situated on a corner, with frontage on two
streets, may apply for decks on both streets, however these would be
in any year.
applications. Subject to the reviewing authority, a maximum of three
spaces may be considered in any application.
A license issued under this Bylaw shall be deemed to be in force from the 1st
day of April in the year of issue to the last day of December in the two years
following, provided the applicant has indicated their desire to renew the
license and has paid the appropriate fee, prior to Feb 15th of the subsequent
years.
For the purposes of clarification of subsection (a) and (b), those licenses held
or approved in 2013, remain in force and effect to December 31st, 2015. Any
new licenses approved in 2014 will also remain in force and effect until
December 31st 2015.
9.7(b)Consideration of applications for 9.7(b) Consideration of applications for licenses in any year shall be on a first
licenses in any year shall be on a first
received basis. Applications for licenses for spaces that are already licensed for
received basis. Applications for
that year shall not be considered. Should the number of applications exceed the
licenses for spaces that are already
licensed for that year shall not be
considered
approved number of spaces, a lottery will be held to allocate the licenses,
based on one lottery ticket per application. Where a lottery is required, all
applicants shall be advised in advance of the date, time and place of the lottery.
STREET VENDORS BYLAW
59
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
9.7(d) The Licensing Inspector may
9.7(d) The Licensing Inspector may issue a license to an abutting retailer for one or
issue a license to an abutting retailer
for one or more years but not more
than five (5) years at a time...
more years but not more than three (3) years at a time.
Schedule "A"
Schedule "A"
DESIGNATED PUSH CART AREA
DESIGNATED PUSH CART/FOOD TRUCK AREAS
On specific street corners and parking
On specific street corners and parking meter spaces as designated by this Bylaw -
meter spaces as designated by
resolution of City Council - otherwise,
it is prohibited.
otherwise, it is prohibited.
STREET VENDORS - PUSH CART SITES
See attached map for designated parking spaces
STREET VENDORS - SITES
See attached map for designated
Space 1. Single space on the southeast corner of Queen and Kent Streets
parking spaces
intersection. Space allocated on Kent Street in parking meter space # 10R.
1. Northwest corner of Queen and
Space 2. Single space on the northeast corner of Queen and Richmond Streets
Grafton Streets intersection with space
allocated on the Grafton Street side
intersection. Space allocated on Queen Street in parking meter space # 22.
Space 3. Single space on the southeast corner of University Avenue and Kent
2. Space in front of 72-74 Queen Street
as shown on map below and also
shown as parking space # 81 on
Street intersection. Space allocated on Kent Street in parking meter space # 24.
Schedule "D"
3. Southeast corner of University
Avenue and Kent Street intersection
with space allocated on Kent Street
4. Southeast corner of Queen and Kent
Streets intersection with space
allocated on Kent Street
STREET VENDORS BYLAW
60
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
SCHEDULE "A"
DESIGNATED PUSH CART/FOOD TRUCK AREAS
On specific street corners and parking meter spaces as designated by this
Bylaw - otherwise, it is prohibited.
STREET VENDORS - PUSH CART SITES
See attached map for designated parking spaces
Space 1. Single space on the southeast corner of Queen and Kent Streets
intersection. Space allocated on Kent Street in parking meter space # 10R.
Space 2. Single space on the northeast corner of Queen and Richmond
Streets intersection. Space allocated on Queen Street in parking meter space
# 22.
Space 3. Single space on the southeast corner of University Avenue and Kent
Street intersection. Space allocated on Kent Street in parking meter space #
24
SCHEDULE "B"
SCHEDULE "B"
LICENSE FEE PER YEAR
LICENSE FEE PER YEAR
1. Push Cart per space$600.00
1.Push Cart per space
$
600.00
2. Street Vending per parking space 2.Food Truck per space
$1,200.00 (Apr-Dec)
$600.00
3.Food Truck per space
$1,600.00 (Year Round)
3. Confectionary per tricycle
$ 25.00
4.Street Vending per parking space $
600.00
5.Confectionary per tricycle
$
25.00
6.Restaurant - Abutting Retailer or Lounge
$600.00 per parking space
SCHEDULE "C" - Check List
SCHEDULE "C" - Check List
Push carts, and tricycles
Push carts, food trucks and tricycles
2.Full description and a photograph or
2. Full description and a photograph or an artist's concept of any confectionery
an artist's concept of any confectionery
tricycle, or push cart.
tricycle, push cart or food truck.
STREET VENDORS BYLAW
61
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
5.Tricycles:(a)Under 12
Parental Consent
Employer Indemnity
7. Permits:
(a)Push Carts
(i) Public Health
(b)Tricycles
(i) Public Health
±
5. Confectionary Tricycles:(a)Over 12 Under 16
Parental Consent
Employer Indemnity
7. Permits:
(a)Push Carts
(i)Public Health
Electrical
(b)Food Trucks
(i)Public Health
(b)Tricycles
(i)Public Health
STREET VENDORS BYLAW
62
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
Amend Part VI Section
6.2(f), 6.2(g) & 6.2(p)
6.2(f) becomes 6.2(g) after amendments
6.2 (f) In the case of a food truck ensure
that the provisions of the Highway Traffic
Act and the Motor Vehicle Inspection
Regulations are met and maintained.
6.2(o)
Maintain any insurance required by this
Bylaw in full force and effort during the
currency of any license issued to him
hereunder.
6.2(p)
Maintain any insurance required by this
Bylaw in full force and effort during the
currency of any license issued to him
hereunder.
6.2(f) Effective September 1, 2015, Non-styro foam packaging and
cups must be used for serving containers.
6.2(g) Not sell food products for immediate consumption unless he
has available for public use his own or a public litter receptacle
which is available for his customers' use. Recycling receptacles
must be provided for any packaging that is recyclable, if
present.
6.2(p) Any electrical generator must be self-contained and not
have a decibel output exceeding 70 Db, which shall not exceed
60 Db when tested on the property of the nearest potential
complainant.
6.2(o) & 6.2(p) lettered as 6.2(q) & 6.2(r), respectively however the
wording remains the same as in previous bylaw
13-Apr-15
13-Apr-15
11-May-15
STREET VENDORS BYLAW
63
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading
Amend Part VI Section
6.2(c)
Schedule "A" - Space 1
Schedule "A" - Space 3
6.2(c) Not vend between 12:01 a.m. and
10:00 a.m. on any day; (was 2:30 AM)
Space(s) on the northwest corner of
Queen and Grafton Streets intersection.
Space(s) allocated on Grafton Street in
parking meter space # 54 L & R.
Space(s) on the southeast corner of
Water St. and Great George St.
6.2(c) Be free to operate at any hour, except where the location is in a
residential area (Schedule "A" Food Truck - Space #3) which shall
not vend between 12:01 a.m. and 10:00 a.m. on any day;
Space(s) on the northwest corner of Queen and Grafton Streets
intersection. Space(s) allocated on Grafton Street in parking meter space
# 23 L & R
Space(s) on the southeast corner of Water St. and Great George St.
(restricted hours, shall not vend on any day between 12:01 am and
10:00 am)
28-May-15
28-May-15
29-May-15
Amend Section 6.2(e)
Add new 6.2 (f), (g) & (h)
....Not store, park or leave any push cart
or food truck overnight....
....Not store, park or leave any push cart overnight....
(f)
Food Trucks may remain stationary in the identified parking
space for the duration of approved license except in the following
circumstances:
i)during the winter overnight parking ban (Nov 15 to Apr 15)
ii)where the food truck has ceased operating in excess of 48 hours at
which time the food truck is to be removed from the street location;
(g)
Food Trucks are to be maintained fully operational and capable
of self-propelled motion for immediate removal in an emergency situation.
Food trucks may be inspected, without notice by any police officer,
Licensing Inspector or Deputy Licensing Inspector appointed by the City,
to ensure that such operational capability is maintained;
(h)
dispose of grease and water in accordance with all laws &
regulations;
11-Jun-18
09-Jul-18
N/A
STREET VENDORS BYLAW
64
Amendment Summary
Previous Wording
Amendment Detail
1st Reading 2nd Reading 3rd Reading