HomeMy WebLinkAboutCLD-041-05
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REPORT
CLERK'S DEPARTMENT
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 17, 2005
Report #: CLD-041-05
File#:
6FA- Jf[J3- D5
By-law #:6!..DD6- 6<0 b
Subject:
PROPOSED PEDDLERS BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 , THAT Report CLD-041-05 be received;
2, THAT, provided there are no significant issues raised at the public meeting, the By-law
attached to Report CLD-041-05 be forwarded to Council; and,
3, THAT all interested parties listed in Report CLD-041-05 and any delegations be advised
of Council's decision,
Submitted by:
Reviewed by: cJ ~ ~ C~-
Franklin Wu,
Chief Administrative Officer
PLB*LC*ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-041-05
PAGE 2 of 3
BACKGROUND AND COMMENT
The current Hawker and Peddler By-law is over 12 years old. The Municipal Act now requires
that all licencing by-laws be repealed, reviewed and, where deemed appropriate, re-introduced
every five years. Also, in accordance with the Act, a public meeting must be held prior to the
passage of the by-law. This meeting has been advertised in accordance with the
Municipality's by-law.
After reviewing the by-law staff are proposing some significant changes to the by-law. These
are in response to public concerns which have been raised over the years.
The new by-law provides for a fair and equitable environment of competition for the companies
involved and protects the public from unfair and unscrupulous or illegal practices. Safeguards
have been built into the new by-law to protect not only the customer but the public in general.
PROPOSED CHANGES TO CURRENT BY.LAW
In the past there has only been a licence for the peddler and no licencing required for any
other person working for them. Some peddlers have operated from multiple locations making
it difficult to be certain that the peddler at any given location is in fact licenced. Staff are
proposing to add a Peddler's Assistant licence. In the event of problems, it would be possible
to identify any person working for a peddler at the time of the incident.
The traditional exemptions for farmers, manufacturers, and wholesalers will continue to apply.
New exemptions have been added for sales by charitable organizations, recognized flea and
farmers markets and for trade or craft shows. Those persons operating a home based sales
business and selling items under the terms of a Direct Sales Contract will also be exempt.
In order to help protect the public in the event of an actionable accident or injury, the peddler
will be required to carry liability insurance in the amount of one million dollars ($1,000,000.00).
the insurance shall also list the Municipality as an insured party.
In response to past complaints, staff are extending the restrictions set out in the Refreshment
Vehicles By-law as they apply to vendors setting up at Special Events. A Peddler will require
the written permission of the organizer of the event prior to setting up a stand or commencing
sales within the area covered by the Special Event or Road Occupancy Permit.
Over the years staff have investigated numerous complaints of ongoing yard sales that run for
several weeks. Some people have used the cover of a yard sale to run a sales outlet from
their property. As a result, staff are proposing that yard sales be limited to 4 in a calendar year
with at least 4 weeks between each sale. If a person wishes to hold more than 4 or hold a
second sale within the 4 week span, they will require a Peddler's Licence.
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-041-05
PAGE 3 of 3
Given the fact that Mobile Peddlers have a greater access to the public by going door to door,
the by-law will require that a Police Criminal Record check be produced. In the event the
applicant has a Criminal Record the licence will be denied. The By-law will restrict the hours of
operation for a Mobile Peddler to 10:00 a.m. to 8:00 p.m. local time.
Any vehicle used in direct relation to the operation of a Mobile Peddler shall require a Safety
Standards Certificate prior to being licenced. The use of the Highway or any portion thereof for
peddling is prohibited. Where a Peddler sets up their sales on a highway, the Municipality may
direct the Peddler to remove their material, if the Peddler fails to comply, the Municipality may
remove the material at the expense of the peddler.
The cost of licencing has been calculated to reflect the anticipated cost of enforcement.
CONCLUSION
Barring significant adverse comments arising from the public meeting, staff respectfully
recommend that the proposed by-law be forwarded to Council for its consideration and
passage.
ATTACHMENT: #1 Peddlers' By-law
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
ATTACHMENT # ~ TO
REPORT # I,V .11 cfN6
MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a by-law to regulate, govern and licence
Peddlers within the geographic limits of
the Municipality of Clarington, and
to repeal By-law 92-230 and its amendments
WHEREAS pursuant to section 150(1) of the Municipal Act 8,0.2001, c,25, a
local municipality may exercise it's power to licence, regulate and govern any
business carried on within the municipality; and;
AND WHEREAS it is the intent of the Council of the Municipality of Clarington to
regulate peddlers within the municipality to protect and promote the health and
safety of its residents and to protect consumers by regulating the goods and
merchandise sold, the manner in which those items are sold and the locations
from which they are sold and to protect the residents from potential nuisance
problems by regulating the hours of operation and requiring compliance with the
provisions of the by-law;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows;
1.0 DEFINITIONS; For the purposes of this by-law;
"Certificate of Licence" shall mean a document issued by the Municipal Clerk
and bearing the seal of the Corporation of the Municipality of Clarington which
identifies the name of the holder of the licence, description of business being
licenced and where applicable the location of operation;
"Charity" and "Charitable Organization" shall include an organization if no
part of its income is paid to or otherwise made available for the personal benefit
of any of its proprietors, members or shareholders, and if one of the main aims
and normal activities includes projects and undertakings that have a charitable
objective or purpose including:
a, the relief of poverty
b, the advancement of education
c. the advancement of religion
d, other charitable purposes beneficial to the community;
"Council" shall mean the Council of the Corporation of the Municipality of
Clarington;
"Direct Sales Contract" shall have the same meaning as defined in the
Consumer Protection Act, R. S, 0. 1990, c, C31;
"Executory contract" means a contract between a buyer and a seller for the
purchase and sale of goods or services in respect of which delivery of the goods
or performance of the services or payment in full of the consideration is not made
at the time the contract is entered into;
"Flea Market" shall mean a market involving multiple vendors for inexpensive or
secondhand articles;
"Goods" shall include all forms of goods, wares or merchandise, offered for sale
or intended to be offered for sale;
"Highway" shall have the same meaning as defined in the Highway Traffic Act,
R.S,O, 1990, c. H8;
"Itinerant seller" means a seller whose business includes soliciting, negotiating
or arranging for the signing by a buyer, at a place other than the seller's
permanent place of business, of an executory contract for the sale of goods or
services, whether personally or by an agent or employee;
"Licence Identification Card" shall mean a photo identification card issued by
the Municipal Clerk and bearing an identification number, photo of the person
licenced and be signed by the Municipal Clerk;
"Municipal Clerk" shall mean the Municipal Clerk of the Corporation of the
Municipality of Clarington or the Deputy Clerk acting in place of the Municipal
Clerk;
"Municipal Peddler's Licence" shall mean a licence issued by the Municipal
Clerk, under the provisions of this by-law, to carry on the business of a peddler
and shall consist of both the Certificate of Licence and the Licence Identification
Card;
"Officer" shall include any sworn member of the Durham Regional Police
Services or a Municipal Law Enforcement Officer as appointed by Council;
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"Owner" shall include the person or persons shown on the records of the land
registry office, or the tax roll of the Municipality, as having title to the land or
responsibility for it, as well as the tenant and person or persons lawfully in
possession of, or exercising control over, the property;
"Peddler" shall mean any person who goes from place to place or to a specific
place with goods, wares or merchandise for sale, or who carries and exposes
samples, patterns or specimens of any goods, wares or merchandise which are
to be delivered in the Municipality of Clarington;
"Peddler's Assistant" shall mean any person working for, or in association with
a Peddler licenced pursuant to the provisions of this by-law, Such person may
work from the same location or from a secondary location and need not be under
the direct supervision of the Peddler;
"Person" shall include an individual, a sole proprietorship, a partnership, an
unincorporated association, a trust, a body corporate, a natural person, and
"Persons" has a corresponding meaning;
"Sell" includes exposing an item for sale and offering the item for sale;
"Yard Sale" shall mean the outdoor sale of used goods or household appliances
held on the premises of the seller and for a maximum duration of 3 days, Garage
Sale shall have a similar meaning,
2.0 LICENCE REQUIRED
2,1 This by-law is enacted in order to ensure the safety of the public from
unscrupulous, improper or illegal practices and to create a fair and
equitable business environment for all persons covered by this by-law,
2,2 For every licence class set out in Schedule "A" attached hereto and
forming a part of this by-law, there shall be taken out by every person
carrying on business within such class, a license from the Municipality
authorizing him or her to carry on their trade and no person shall, either
directly or indirectly, carry on business within such class, either for profit or
not, for which a license is required by this by-law without first having
obtained a license therefore, Failure by such a person to comply with this
section constitutes an offence.
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2,3 A person who receives a Municipal Peddler's License pursuant to the
provisions of this by-law must comply with the regulations set out in this
by-law and all other schedules to this by-law, as applicable, Failure to
comply with the regulations in the applicable Schedule(s) constitutes an
offence,
2.4 An agent, trustee or representative of persons carrying on business within
one of the classes as listed in Schedule A attached hereto and forming a
part of this by-law, in the Municipality for which a license is required shall
also be personally liable for the compliance of his principal, beneficiary or
persons he represents in connection with this by-law, Failure by such a
person to comply with this section constitutes an offence.
2,5 Every person licenced pursuant to the provisions of this by-law shall carry
the Licence Identification Card issued to him by the Municipality of
Clarington at all times while working and shall produce same upon
demand of an officer or any person to whom they are selling goods,
2,6 Every person licenced pursuant to the provisions of this by-law shall,
within 24 hours, produce the Certificate of Licence issued to them by the
Municipality of Clarington, following the demand of an officer.
2,7 No person shall sell or display any goods other than those indicated in
their licence application and their Certificate of Licence.
2,8 No person who is licenced pursuant to the provisions of this by-law shall
establish a display and/or sell from that location for a period longer than
fifteen minutes under the auspices of that licence unless they have been
licenced for that location,
2,9 All licences issued pursuant to this by-law shall be issued on an annual
basis and shall expire on March 1" of each year.
2,10 There shall be no reduction of the licence fee or extension of time for
licence applications submitted after the March 1" deadline,
2,11 Every person working as an assistant to the holder of a Municipal
Peddler's Licence shall be licenced as a Peddler's Assistant
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2.12 Every Peddler's Assistant licenced pursuant to the provisions of this
by-law shall carry the Licence Identification Card issued to them by the
Municipality of Clarington at all times while working and shall produce
same upon demand of an officer or any person to whom they are selling
goods,
2,13 Every Peddler's Assistant licenced pursuant to the provisions of this
by-law shall, within 24 hours, produce to the investigating officer, the
Certificate of Licence issued to them by the Municipality of Clarington,
following the demand of the officer.
2,14 The Municipal Clerk, upon receipt of the application for a license may
make, cause to be made, or request, any additional documents,
investigations or inspections in respect of such application for a license as
the Municipal Clerk deems appropriate or in the interest of the general
public, and any costs incurred for such inspections or documents shall be
at the applicant's expense,
3.0 EXEMPTIONS
3,1 A Municipal Peddler's Licence shall not be required for persons selling
good s;
(a) to wholesale or retail dealers in similar goods;
(b) if the goods are grown, produced or manufactured in the Municipality
of Clarington and are peddled or sold by the grower, producer or
manufacturer or his or her agent having written authority to do so;
(c) if the goods are grown or produced by a farmer, resident in Ontario
who offers for sale or sells only the goods and produce of his or her
own farm;
(d) if the goods are peddled or sold by an owner or operator of a business
which has lawfully operated within the Municipality of Clarington for at
least twelve months prior to the date of the peddling or selling;
(e) if the goods consist of milk, cream or fluid milk products which are sold
to the consumer or to any person for resale;
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(f) under the terms of a Direct Sales Contract as governed by the
Consumer Protection Act RSO" c, C, 31,
(g) for a non-profit or charitable organization, where the persons involved
are selling for the benefit of the charitable organization;
(h) as part of a recognized flea market or farmer's market lawfully
operating within the Municipality of Clarington;
(i) as part of a recognized craft or trade show operating lawfully within the
Municipality of Clarington,
4.0 GENERAL PROVISIONS
4,1 An applicant for a Municipal Peddler Licence shall specify whether they
wish to conduct their business from a specific stationary location, or if they
wish to be mobile,
4.2 An application for a Municipal Peddler Licence shall include a Certificate
of Insurance showing that said Owner has a current policy of insurance
providing for third party liability of at least one million dollars
($1,000,000,00) insurance coverage for the use designated in the licence;
and shall be endorsed by the issuer indicating that the Municipality will
receive at least 10 days written notice prior to any cancellation, expiration
or variation in the amount of the policy, The certificate shall set forth in
detail the coverage of the current valid policy of insurance, the name and
address of the person insured, the policy number, the effective date, the
expiry date, the limits of liability and the details of the coverage, The
insurance shall name the Municipality of Clarington as an insured party
4,3 No Municipal Peddler Licence or Peddler's Assistant Licence shall be
issued to any person under the age of 16 years,
4.4 No person shall be employed by a holder of a Municipal Peddler Licence
unless they have been licenced under the provisions of this by-law,
4.5 No person shall employ a person to act as a Peddler's Assistant, unless
that person is licenced pursuant to the provisions of this by-law,
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4,6 No person shall operate as a Peddler or a Peddler's Assistant within any
area of the Municipality designated as part of a festival or event covered
by a Road Occupancy or Special Event Permit without prior written
approval of the event organizer,
4,7 Pursuant to section 4,6, any person operating as a Peddler or Peddler's
Assistant within any area as specified above, shall, upon demand of an
officer, produce the required written approval in addition to any other
requirement as set out in this by-law,
5.0 STATIONARY PEDDLER LICENCE
5.1 A Stationary Municipal Peddler Licence shall not be issued for a particular
location unless the proposed location is appropriately zoned to permit the
sale of goods from that location.
5,2 A Stationary Municipal Peddler Licence application shall include a detailed
sketch of the location of the stand or display on the proposed lot and the
measured setbacks from any entrance, road allowance or other structure
on the lot.
5.3 An application for a Stationary Municipal Peddler Licence shall include a
written declaration of permission from the property owner granting
permission for the applicant to operate from their property, Such
declaration shall indicate the duration of the sale and the nature of the
goods to be sol d,
5.4 Where a peddler intends to operate their stationary sales business from
more than one location, a separate application shall be required for each
location, Such application shall contain all the information as required for
a single location,
6.0 YARD SALES
6,1 A Municipal Peddler's Licence shall not be required for a person
conducting a yard sale of goods on their own property, provided that no
person shall conduct more than 4 yard sales in a calendar year and there
shall be at least 4 weeks between each sale,
6,2 Any person conducting any number of yard sales over the number
specified above shall require a separate Municipal Peddler's Licence for
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each week of operation of the sale or part thereof. Failure to obtain a
licence shall constitute a separate offence for each week of operation,
7.0 MOBILE
7,1 Every application for a Mobile Municipal Peddler's Licence and a
Peddler's Assistant for a Mobile Municipal Peddler shall include a Criminal
Record Search of the applicant.
7.2 If a review of the application reveals that
fa) the applicant is in breach of this or some other Municipal by-law or
law of Ontario or Canada;
(b) the applicant has been convicted of an offence pursuant to a similar
by-law in another municipality; or
(c) the applicant has a prior Criminal record, for which he has not
received a Pardon.
the Municipal Clerk shall deny the application,
7,3 Notwithstanding section 7,2(c), if more than seven years have elapsed
since the final disposition date of the Criminal Record, and it is, in the
opinion of the Municipal Clerk, of a minor nature, the Municipal Clerk may
approve the application,
7.4 No person shall carry on business as a Mobile Peddler before the hour of
10;00 a,m" or after the hour of 8;00 p,m, local time,
7,5 Where a motor vehicle is directly related to and forms part of the business
of mobile sale of goods, the applicant for a Mobile Peddler's Licence shall
submit
(a) a currently valid, Safety Standards Certificate issued by an authorized
agent under Ministry of Transportation regulations for the vehicle to be
licensed;
(b) proof of ownership of the vehicle to be licensed,
(c) Proof of insurance as required in this by-law,
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8.0 SALES ON HIGHWAYS
8,1 No person shall impede or accost another person in an attempt to sell
their goods,
8,2 No person shall sell goods of any kind on any highway, road allowance or
from a vacant lot adjacent to any highway or road allowance within the
boundaries of the Municipality of Clarington,
8.3 Any person found selling goods from any highway, road allowance or from
a vacant lot adjacent to any highway or road allowance shall remove the
goods forthwith at the direction of an officer. Failure to comply shall
constitute an offence,
8,4 Where any person has failed to remove goods from any highway, road
allowance or vacant lot adjacent to a highway as directed by an officer, the
officer shall have the authority to and shall remove the goods or cause
them to be removed and be stored in a suitable place, All resulting costs
plus an administration fee of 15% of the total bill shall be assessed against
the owner of the goods in addition to any other action taken by the
Municipality,
8,5 No person shall obstruct or in any way interfere with an officer or other
person operating under the officer's direction in the removal of goods from
any highway, road allowance or vacant lot adjacent to a highway,
8,6 The Municipality may recover the expense incurred in removing and
storing goods as referred to in section 8,3 by action commenced against
the person who failed to remove the goods or from the owner of the goods
if the peddler and the owner are not the same person,
8,7 In performing any work as required to bring the situation into compliance,
the Municipality and its agents shall not be liable to compensate such
owner, agent, vender or employee or other person having an interest in
the goods by reason of anything done by or on behalf of the Municipality
under the authority of this by-law,
9.0 PENALTIES AND CONDITIONS
9,1 Any person who contravenes any provision of this by-law and every
director or officer of a corporation who contravenes any provision of this
9
by-law is guilty of an offence and upon conviction shall be liable to a fine
as set out in the Municipal Act, 2001,
9,2 Where a corporation is convicted of an offence under any provision of this
by-law, the maximum penalty that may be imposed on the corporation
shall be as provided in the Municipal Act 2001,
9,3 Should any section, clause, or provision of this By-law be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of this By-law as a whole or any part thereof, other than the part so
declared to be invalid,
9A In addition to any other penalty as prescribed, the Municipality may
suspend or revoke any licence issued pursuant to this by-law,
9,5 The provisions of this by-law shall come into full force and effect
immediately upon its final passing by Council.
9,6 By-law 92-230 and its amendments are hereby repealed,
Read a first time this day of
Read a second time this day of
Read a third time and finally passed this
,2005
,2005
day of
,2005
Mayor
Municipal Clerk
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STATIONARY
MOBILE
ASSISTANT
CLASSIFICATION OF LICENCES
$300,00 per year
$300,00 per year
$100,00 per year
SCHEDULE A
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