ByLaw No.7-2002 Hawkers By-Law

The Corporation of the Village of Burk's Falls

By‑law No. 7 ‑ 2002

Whereas the Municipal Act, Section 236 (11), Chapter M.45 R.S.O. 1990 empowers municipalities to enact By-laws for licensing, regulation and governing vehicles from which refreshments are sold for consumption by the public, and for revoking any such license.

And Whereas the Municipal Act, Section 234 (1), Chapter M.45 R.S.O. 1990 empowers municipalities to enact by-laws for licensing, regulation and governing persons who go from place to place or at a particular place with goods, wares or merchandise for sale, or who carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards;

And Whereas the Corporation of the Village of Burk’s Falls does hereby deem it advisable to license Mobile Food Vendors, and Hawkers and Peddlers.

Now Therefore, the Corporation of the Village of Burk’s Falls enacts as follows:

1. No person shall operate a refreshment vehicle within the Municipality without having first obtained a license to commence such an operation from the Clerk of the Municipality. Temporary licenses must be obtained by those persons who are operating for a specific time period, or, at a community event on a short term basis.

2. Sales of refreshments shall be made on properties which are in conformity with the Official Plan.

3. No person shall operate a refreshment vehicle or obtain a municipal license without first having obtained a Certificate from the Medical Officer of Health. Exemption from this requirement will only be granted to those operators who have obtained a temporary license.

4. No person shall operate a refreshment vehicle without having first obtained an inspection report from a licensed propane service depot, if applicable. Exemption from this requirement will only be granted to those operators who have obtained a temporary license.

5. Nor person shall operate a refreshment vehicle unless the license is displayed in a prominent position inside the refreshment vehicle.

6. The Council may at any time, after a hearing is held on notice to the licensee, revoke any license held by the licensee for cause. Without limiting the generality of the foregoing, Council may suspend a license for:

7. No person shall operate a refreshment vehicle within a distance of 150 feet from any restaurant or any other eating establishment. Such distance shall be measured from the Building where the eating establishment is located.

8. No person shall sell confections or refreshments or any other food items unless in compliance as per Schedule “A” of this by-law.

9. Every person shall renew their license for the refreshment vheicle for the calendar year or day or weekend for which the license was issued and shall not be valid thereafter unless reviewed or re-issued as per Schedule “A” of this by-law. The fee payable upon the issue of each license and on any renewal or re-issue shall be the sum as set out in Schedule “A’ of this by-law

10. No person shall go from place to place or to a particular place with goods, wares or Merchandise for sale or carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the Village afterwards without being licensed to do so under the provisions of this by-law.

11. Every person who applies for a license under this By-law shall apply in writing on forms to be provided by the Village and shall be fully completed. Exemptions will be granted to those operators or groups whose wares or merchandise will be sold at community sponsored events.

12. The applicant at the time of making application for license, shall furnish the Municipal Clerk with true copies of all forms of contract, promissory notes or other documents intended to be used by the applicant in connection with the sale of goods, wares or merchandise as aforesaid.

13. The Municipal Clerk shall make all proper investigations pertaining to the applicant for a license as aforesaid and shall report hereon to Council when making their recommendation.

14. A license issued pursuant to the provisions of this by-law shall not be transferable.

15. Every person licensed under this by-law upon changing his address, shall give written notice thereof to the Municipal Clerk within ten (10) days after such change, setting forth his new address.

16. The provisions of this by-law shall be enforced by the By-law Enforcement Officer.

17. No license under this By-law shall be required for hawking, peddling or selling goods, wares or merchandise;

ii) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer of his agent or employee having written authority to do so, in the municipality in which the grower, producer or manufacturer resides, or

iii) if the goods, wares or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his own farm , or

iv) if the goods wares or merchandise are hawked, peddled or sold by a person who operates a business within the Village of Burk’s Falls or by his employee, or by his agent, or

v) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, produce or manufacturer, acting on behalf of a dealer who pays property taxes and or rent in the Village of Burk’s Falls in respect of premises used for sale of such goods, wares or merchandise; or

vi) by persons who sell milk or cream or fluid milk products to the consumer or to any person for re-sale.

vii) by those persons ore groups whose wares, merchandise are being sold at a community sponsored event (fall fair, music festival etc) within the Village of Burk's Falls.

18. The provisions of the by-law shall not apply to any institution, organization or club in the Village of Burk's Falls where the proceeds from the sale of goods, wares or merchandise will be used for charitable, religious, or community purposes within the Village and, without in any way limiting the generality of the foregoing, shall not apply to the following institutions, organizations or clubs within the Village of Burk's Falls:

c. Such other institutions, organizations or clubs as the Council, by Resolution may approve.

19. Every person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act.

20. Any persons convicted of a breach of any of the provisions of this by-law by a Provincial Court Judge or competent jurisdiction thereafter any, in addition to any other penalty imposed on the person convicted, issued an order prohibiting the continuation or repetition of the offence or the doing of any act by the person convicted directed towards the continuation of the repetition of the offence.