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HomeMy Public PortalAboutBy-law 2023-34 Portable Vendor PolicyCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2023-34 Being a By-law to Adopt a Portable Vendor Policy to License and Regulate Portable Vendors in the Municipality of Tweed. WHEREAS Section 5 of the Municipal Act, 2001, S.O.. 2001, c. 25, as amended, specifies that a Municipal Council shall exercise its powers by By-law; AND WHEREAS Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a Municipality has the capacity, rights, powers, and privileges of a natural person for the purposes of exercising its authority under the Municipal Act or any other Act; AND WHEREAS Section 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, specifies the Spheres of Jurisdiction of the Municipality to pass By-laws respecting matters in those Spheres of Jurisdiction; AND WHEREAS Section 150 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits the Municipality to licence and regulate any business wholly or partly carried out within the Municipality; AND WHEREAS Schedule 'A' of this by-Iaw outlines the fees for Portable Vendors; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: Section 1: Definitions 1.0 For the purpose of this By-Iaw, the following definitions shall apply; 1.1 Applicant shall mean any individual, firm, society, association, partnership or corporation who is applying for a Portable Vendor licence; 1.2 By-Iaw Enforcement Officer shall mean the person appointed by the Municipality of Tweed for the purpose of enforcing By-laws; 1.3 CAO shall mean the CAO of the Municipality of Tweed; 1.4 Clerk shall mean the Clerk of the Municipality of Tweed; 1.5 Council shall mean the Council of the Corporation of the Municipality of Tweed; 1.6 Exhaust and Fire Protection System shall mean equipment, which meets the requirements of NFPA 96 "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations", which has been installed where there is a potential for the production of smoke and grease -laden vapours, to remove such smoke and vapours; 1.7 Public Health shall mean the Hastings Prince Edward Public Health and includes any successor or assign; 1.8 Licensee shall mean the applicant who is granted the Licence; 1.9 Maintain shall mean to keep in a particular condition or to preserve; 1.10 May shall mean an expression of possibility, a permissive choice to act or not; 1.11 Municipality shall mean the Corporation of the Municipality of Tweed; 1.12 Operate shall mean to conduct or carry on; 1.13 Owner shall mean any person with legal title to real or personal property and includes an authorized agent; 1.14 Person shall mean any individual, firm, society, association, partnership, or corporation; 1.15 Portable Vendor shall mean any trailer, vehicle, food tent, shipping container (i.e. Sea Can) or stand (whether stationary or propelled by a motor or by the application of force by a person) from which products are sold to the public and may include, but not limited to, food, retail products, artwork, crafted items; 1.16 Shall means mandatory and not discretionary; 1.17 Special Events shall mean an event authorized by Council, the duration of which is temporary in nature and shall include, but not be limited to: Taste of Tweed, Farm to Table, Harvest Festival, Santa Claus Parade; 1.18 Special Events Committee shall mean the person in charge of the Special Event that has been authorized by the Municipality; and 1.19 Waste includes food, disposable eating utensils, paper, wooden cardboard, plastic, glass or metal products used in the preparation, serving or selling of the products offered for sale from a Portable Vendor. Section 2: Operating Location Requirements 2.1 No person shall operate a Portable Vendor on private property within the Municipality without first having obtained a Licence to do so. 2.2 No person shall operate a Portable Vendor on any Municipal owned property, street or road allowance without first having obtained a Licence to do so. 2.3 Section 2.1 does not apply to temporary private functions on private property for fundraising or customer appreciation where only a barbeque is used. Health Unit approval may be a requirement. 2.4 No person shall operate a Portable Vendor except on land permitted within the Comprehensive Zoning By-law 2012-30, as amended or replaced. 2.5 No person shall operate a Portable Vendor in a location within the Municipality other than the location approved by the Municipality and recorded on the Licence. Section 3: Required Application Documents 3.1 No Person shall provide false information on an application to obtain a Licence to operate a Portable Vendor. Every applicant shall submit the following for a Portable Vendor Licence: i) Completed Application (See Schedule `B'); ii) Signed Indemnification (See Schedule 'C'); iii) Proof of Approval from the Hastings Prince Edward Public Health; iv) Proof of Insurance Coverage (See Section 3.3); v) Letter of Consent from Property Owner (if applicable); vi) Approval Letter from the Tweed Fire Department; vii) Letter of Permission from the Special Events Committee (if Portable Vendor is located on Municipal Property); viii) Proof of approval of TSSA requirements from Propane Inspection (required if powered by propane, natural gas or utilizes propane or natural gas); ix) Proof of approval from Electrical Safety Authority (ESA) (if applicable); and x) Public Works Approval (See Section 3.2). 3.2 Approval from Tweed Public Works that the proposed location of the Portable Vendor will not interfere with normal traffic flow on roads within the Municipality and that sufficient off road parking is provided. 3.3 i) Portable Vendor on Municipal Property during special events will be required to have a certificate of insurance of at least two million ($2,000,000) naming the Municipality as an additional insured ii) Applications for Portable Vendor on Municipal Property will be subject to review by the Municipality. Applicants shall operate under the conditions set out by the Municipality, such as location and operating times as authorized by the Municipality. 3.4 Portable Vendor fees are set out in Schedule 'A' of this By-law. '35 Submission of required documents with approvals form other agencies or departments as set out in section 3.1, shall be dated within three (3) months from the date of the application with the Municipality. 3.6 If the Portable Vendor is deemed to be a truck or vehicle, the Applicant shall provide the following at the time of application: 1) A valid Driver's Licence, such licence shall remain valid at all times during the operation of the Portable Vendor; ii) A valid and current Ministry of transportation motor vehicle permit in the Applicant's name. iii) If the vehicle is leased, the Applicant shall provide a copy of the lease agreement. iv) A valid and current annual inspection certificate issued pursuant to the Highway Traffic Act. v) Proof of automobile liability insurance in an amount not less than five million ($5,000,000) dollars for each licensed motor vehicle owned or leased by the Applicant. Slection 4: Portable Vendor Licence Conditions 4.1 A Licence shall be issued with respect to one Portable Vendor only, and the Licensee shall ensure that it is at all times affixed in a conspicuous place on the vehicle for which it was issued. 4.2 Every Licence issued for private property shall expire on the 31st day of December of the year in respect to which it was issued. No person shall operate a Portable Vendor on private property with an expired Licence. 4.3 Every Licence issued for Municipal property shall expire on 31st day of December of the year in respect to which it was issued. No person shall operate a Portable Vendor on Municipal Property with an expired Licence. 4.4 Every Licence issued for a special event pursuant to this By-law shall expire on the day the special event has concluded. No person shall operate a Portable Vendor with an expired Licence during a special event, 4.5 No Licensee shall transfer or assign any Licence to a Portable Vendor other than the Portable Vendor for which the Licence is specifically issued. 4.6 A Licensee may apply to the Municipality for a request to relocate their Portable Vendor from one Municipal Location to another Municipal location. If approved, a fee will apply. 4.7 A Licence shall not be issued until the applicant has filed a formal application together with the items detailed in Section 3.1. 4.8 A Licence renewal shall be subject to review and approval by the Municipality who may request confirmation or renewal or any of the information required in the initial application. Section 5: Portable Vendor Operation Regulations 5.0 All Licenced operators shall: a) Ensure that each Portable Vendor is provided with a sufficient number of waste receptacles with self -closing lids, located in such a position so as to be easily accessible by the public making purchases, and are emptied at least once daily. b) Ensure that the waste resulting from the operation of the Portable Vendor is collected for recycling or disposal. c) Ensure that the grounds in the immediate vicinity of the Portable Canteen are kept clean of all waste. d) Ensure that the vehicle, stand, cart, shipping container and all parts and equipment for use in the dispensing of product are maintained in a clean and sanitary condition and at all times in good repair. e) Ensure that Portable Vendors that contain cooking facilities have operational fire safety and suppression equipment as required by the Tweed Fire Department. f) Ensure that Portable Vendors that are powered by or utilize propane or natural gas have a minimum five (5) pound ABC dry chemical fire extinguisher or other such fire extinguishers as required by the Tweed Fire Department. Such extinguisher9s) shall be mounted inside the Portable Vendor and the operator shall be knowledgeable in the proper use of such fire extinguish(s). g) Ensure that Portable Vendors from which hot, prepared foods are sold are equipped to maintain such foods so heated at a temperature as approved by the Health Unit. h) Ensure that adequate refrigeration, as approved by the Health Unit, is provided for perishable items that shall be kept so refrigerated. 1) Ensure that the date of expiration is clearly and legibly marked on or affixed to the wrapper of all pre-packaged food items sold from the Portable Vendor. Section 6: Severability 6.1 In the event that any section of this By-law, including any section or part of any of the schedules hereto, is declared by a Court of competent jurisdiction to be invalid, the remaining parts shall remain valid and binding and shall be read as if the offending section had been struck out. Section 7: Enforcement and Penalty 7.1 The Clerk and By-law Enforcement Officer are responsible for the administration of this By-law. 7.2 No person shall provide false information or give a false statement to an officer, employee and/or agent of the Municipality in the lawful exercise of a power or duty under this By-law. 7.3 No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct, either directly or indirectly, an Officer, employee/or agent of the Municipality in the lawful exercise of a power or duty under this By-law. 7.4 Any person who violates any provision of this By-law is, upon conviction, guilty of an offence and shall be liable to such penalties prescribed by the Provincial Offences Act, R.S.O., 1990, c.p.33, as amended. 7.5 Each day that such offence is committed, or permitted to continue, shall constitute a separate offence and may be punishable as such. 7.6 An Administrative Penalty may be issued if a person fails to comply with this By-law. An invoice will be issued and after 30 days of non-payment, the amount towing will be added to the property taxes of that property where the Portable Vendor is located or to the Portable Vendor Owners property taxes. 7.7 The Clerk may revoke, refuse, or cancel any Licence issued under this By-law, at any time a Portable Vendor that has not complied in the past, does not comply, or continue to comply, with any provision(s) of the By-law. Notice may be given by the Clerk or By-law Enforcement Officer that failure to adhere to all provision(s) of this By-law may result in termination of the Licence and that continued operation may result in the Portable Vendor being removed at the owner's expense. Section 8: General Matters 8. THAT this By-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first, second, and third and final time, passed, signed, and sealed in open Council this 25th day of April, 2023. MAYOR CORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2023-34 SCHEDULE 'A' Set Fees (°1 Portable Vendor — Truck and/or Trailer $275.00 Portable Vendor — Cart $200.00 Portable Vendor — Tent $200.00 Portable Vendor — Shipping Container $275.00 Portable Vendor — Special Events $30.00 per Event Hydro $20.00 per day Portable Vendor — Relocation Fee $50.00 Administrative Penalty $200.00 CORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2023-34 SCHEDULE 'B' Application for Portable Vendor Licence Name: Mailing Address: /'R1 Telephone (Business): Telephone (Home): Name of Portable Vendor: Type of Product Sold: Description of the Portable Vendor operation: I, the applicant, agree to abide by the terms and conditions of the Municipality of Tweed Portable Vendor By-law No. 2023-34, being a By-law to Licence, regulate and govern portable vendors within the Municipality of Tweed and for revoking any such Licence and further that I understand the requirements. Signature of Applicant Date of Signature This is an application only — do not commence Portable Vendor operations until your Licence has been issued by the Municipality of Tweed. Municipal Use Only: The following have been submitted with the application and are satisfactory: (04 Public Health Approval Proof of Insurance Fire Department Approval Public Works Approval TSSA Approval Appropriate Fees Letter of Permission from Special Events Coordinator Letter of Consent from Property Owner Signed Indemnification Will the Portable Vendor require hydro on Municipal Property? YES or NO N/A All required provisions have been met, permit ready to be issued: YES or NO Municipal Office Approval Date of Approval CORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2023-34 SCHEDULE 'C' Indemnification WHEREAS a Portable Vendor applicant, prior to the issuance of Licence, shall provide an Indemnification to the Corporation of the Municipality of Tweed whereby the Portable Vendor applicant agrees to indemnify and hold harmless the Municipality of Tweed and employees, agents, servants, and officials. NOW/THEREFORE, (Name of Portable Vendor Applicant) (Address and Phone Number of Portable Vendor Applicant) Hereby covenants and agrees to indemnify and hold harmless the Municipality of Tweed, its agents, servants, employees and officials from any claims, actions, damages, suits, or Toss (including legal costs) which might be brought against the said negligence, or omission of the Portable Vendor Licensee, their agents, servants, or employees. This indemnity is proved incidental to grant Licence to operate as a Portable Vendor. Date at the Municipality of Tweed This day of SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness Portable Vendor Applicant Clerk The information on this form is being collected under the authority of section 4 of the Municipal Freedom of Information and Protection of Privacy Act. This information will be used for the purpose of processing an access request under the Act. Enquiries regarding the collection of this information should be directed to the CAO, Municipality of Tweed, 255 Metcalf Street, Postal Bag 729, Tweed, Ontario, KOK 3J0, 613-478-2535.