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Home My WebLink AboutCD-36-87,,,~..,,»~~~ w,-~ ,, ~, ~~'-~ TOWN OF NEWCASTLE ~ ~~~ REPORT File # <-~,s'' / Res . # ' ~ ~~ ,--r~ 1 By-Law # hE~ING: General Purpose & Administration Commi-ttee DATE: June 1, 1987 T #: CD-36-87 FILE #: 56.15.99 SUBJECT: REPORT ON LI_CENSLNG OF HAWKERS AND PEDLARS IN THE TOWN OF NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the fol1owing:_ 1. THAT Clerk's Report CD-36-87 be received; and 2. THAT Town of Newcastle 6y-laws covering the licensing of Hawkers and Pedlars be repealed; and 3. THAT a by-law prohibiting sales by retail on highways or on vacant lots adjacent to them be recommended to Council for passage; and 4. THAT the complainants.be-advised of Council`s-decision. BACKGROl1ND AND COMMENT: On May 4th, 1987 the General Purpose and Administration Committee received, considered and, referred to the Clerk fora report, a letter from the owners of "Flowers by Jackman", Bev's Floral Creations and "Carnati_on Flower Shop". The merchants requested that Council do something about curtailing the activities of street flower vendors, who come into town, set up at the curbside and compete with the local merchants. The merchants claim that they are being adversely affected by the street vendors, particularly as it relates to the sale of flowers for special occasi-ons such as Easter, Mother's Day, etc. Staff, in an effort to measure the impact, carried out the following:. 1. Investigated the problem with other area municipalities; 2. Worked the Mother's Day Weekend to determine if the problem was serious. .....2 REPORT NO.: CD-36-87 a~ /.~~ Page 2 The area municipalities, North York, Scarborough, Pickering, Etobicoke, East York, have all had problems with curbside flower sellers and in order to resolve the matter have passed by-laws under the authority of section 210(66) of The Municipal Act R.S.O. 1980, "for prohibiting or regulating sales by retail in the highways or on vacant lots adjacent to them and for regulating traffic in and preventing the blocking up of the highways by vehicles or otherwise". In effect each municipality has repealed its "Hawkers and Pedlars" by-law and enacted a by-law under section 210(66). Mr. Irwin spent part of the Mother's Day weekend travelling around the Town of Newcastle. He noted that a number of illegal flower vendors were operating in the Town, in addition to the ones licenced by the municipality and legally entitled to operate. Given the revenues generated by the licensing of Hawkers and Pedlars in the Town of Newcastle, (at most $500 yearly), it would be appropriate to enact a by-law restricting sales along or adjacent to highways and repeal the Hawkers and Pedlars by-laws presently in place here, namely 69-33 Bowmanville, 730 Newcastle Village, 1704 Clarke Township and 2273 Darlington Township. It would be appropriate that a "sunset clause" be included in the repealing by-law which would permit those persons presently in possession of a Hawkers and Pedlars licence to continue to function until the licence expires on December 31st, 1987. Following the repeal of the Hawkers and Pedlars by-laws and the passing of a by-law to prohibit sales along highways, illegal operations could be monitored and the operators and the owners of the lands upon which the illegal activity was being carried on could be prosecuted for contravening the Town's zoning by-law. Passage of a by-law to prohibit or regulate sales by retail in the highways or on vacant lots adjacent thereto would complement the by-law presently being enacted by the Region of Durham. Having reviewed the problem, staff would recommend the repeal of the municipal Hawkers and Pedlars by-laws (4) and the enacting of a by-law to prohibit the selling by retail along all highways within the municipality. Respectfully submitted, Recommended for presentation to the Committee »~ ~ y~ ~, w David W. Oakes, B.A.,A>M.C.T.,C.M.O. Town Clerk ,; i~ ~,,~~. ~.=hence ~ otseff Chief Adm n'strative Officer DWO~os. / <a ~ John Winters, Mayor, Town of Newcastle ~~~ ~~'~~~~ i' I~~Y d 1987 t~uVi~ 0~ t~d:'JCJ)5'il~ Dear John, CLERI( UEPARTMEPfT This is to advise you of the situation of flower street vendors which started in 1986 and has continued this spring. As mentioned to David Oakes, who advised us to put our concerns in writing, the following has happened. North York, Scarboro and Ajax-Pickering, among others, have passed a by-'law prohibiting street vendors. This has forced them into our area. In 1986 our complaints to the by-law officer led to some of them being moved out since they had no licence. Since then some of them have obtained the licence at $100.00 for a year, and can therefore sell legally in the Town of Newcastle. They arrive in town just before a busy floral holiday, usually when town staff az•e not on duty (i.e. Good Friday to Tuesday in 87) and do their damage before any enforcing can be done. The police make a token effort of enforcement, but seem to be of the opinion that an Ontario Retail Sales Tax Permit is quite sufficient. We have com- plained to police that they have no permission to be on the property they use (SW corner of King and Simpson and NE and SE corners of #2 ~A~,. . Hwy and Townline Rd.) and have been told that is iib2~ie of our business since the property owner must complain. The SE corner of #2 Hwy and `Pownline Rd. is town property and we have been assured by David the licence does not include use of town property. Since these people have a detrimental affect on our business and can do so because of having no business or realty taxeQ to pay we ask. that during the week of Mother's Day, May 4-10/87, you check carefully for proper licence and trespassing on town property by these vendors, especially on Saturday and Sunday, May 9-10. Following that we also ask that you prepare a by-law to prohibit street vendors as the municipalities mentioned have done. We would be pleased to obtain further information in that regard. Thank you for your time and efforts. We look forward to your reply. Yours truly, Flowers by Jaekman copiap_;. Bev's Floral Creations, ~ c D. Oakes \._ H:--McKnight Carnation Flower Shop. •,,oL ~ ~IJ O~"' ~~ ~ ~ 2 . 4 April 30,. 1987 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW N0. 87 - being a By-law to prohibit sales by retail on highways or on vacant lots adjacent to them within the Town of Newcastle. WHEREAS Section 210 of The Municipal Act, R.S.O. 1980 provides that by-laws may be passed by the Councils of local municipalities for the prohibiting or regulating sales by retail in the highways or on vacant lots adjacent to them; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. (1) In this section, "sale by retail" includes displaying goods or offering goods for sale by retail. (2) Within the territory comprising the Town of Newcastle, sales by retail upon public highways or upon vacant lots adjacent to public highways are :hereby prohibited. 2, The provisions of this by-law do not apply to prevent the lessee or licensee of any part of a public highway which is subject to a subsisting lease or licence issued under the by-laws of the Regional Municipality of Durham from conducting retail sales upon such part of the .highway when authorized by the terms of the lease or licence. 3. Any persons who contravenes any provision of this by-law is guilty of an offence and on conviction thereof is liable to a fine not exceeding $2,000.00, exclusive of costs, BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. MAYOR CLERK c Erg I ;. `~~ , ~ ~ 7x ~.,, THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW N0. 87 - being a By-law to prohibit sales by retail on highways or on vacant lots adjacent to them within the Town of Newcastle. WHEREAS Section 210 of The Municipal Act, R.S.O. 1980 provides that by-laws may be passed by the Councils of local municipalities for the prohibiting or regulating sales by retail in the highways or om vacant lots adjacent to ' them, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ''~ HEREBY ENACTS AS FOLLOWS: ~ !'~ 1. (1) In this section, "sale by retail" includes displaying goods or offering goods for sale by retail. (2) Within the territory comprising the Town of Newcastle, ~-. ~ . sales by retail upon public highways or upon vacant ~ lots adjacent to public highways are hereby prohibited. 2. The provisions of this by-law do not apply to prevent the lessee ' or licensee of any part of a public highway which is subject to a subsisting lease or licence issued under the by-laws of the Regional Municipality of Durham from conducting retail sales upon such part of the .highway when authorized by the terms of the ' lease or licence. ~~~ ' . 3, Any persons who contravenes any provision of this by-law is guilty of an offence and on conviction thereof is liable'to a fine not ' exceeding $2,000.00, exclusive of costs. ~. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of ~ ' 1987. .i MAYOR j .. .. .. _. .. CLERK ~ ~ f T~ ~ a t ~ ~ ~~ ~, ~,~ i ~' ~r (c fR,' o-i I