HomeMy WebLinkAboutV-200 Vendors Bylaw with Maps including amendments to September 17, 2019
Cape Breton Regional Municipality
By-Law Number V-200
Vendors By-law
Adopted by CBRM Council May 17, 2016
Effective Date is May 26, 2016
Amendments:
June 21, 2016
May 16, 2017
July 9, 2019
September 17, 2019
TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS
1111 DEFINITIONSDEFINITIONSDEFINITIONSDEFINITIONS ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 1111
2222 ADMINISTRATION AND EADMINISTRATION AND EADMINISTRATION AND EADMINISTRATION AND ENFORCEMENT RESPONSIBNFORCEMENT RESPONSIBNFORCEMENT RESPONSIBNFORCEMENT RESPONSIBILITIESILITIESILITIESILITIES ................................................................................................................................................................................................................ 3333
3333 EXCEPEXCEPEXCEPEXCEPTIONSTIONSTIONSTIONS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 3333
4444 LOCATIONLOCATIONLOCATIONLOCATION ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 4444
5555 LICENCE REQUIREMENTSLICENCE REQUIREMENTSLICENCE REQUIREMENTSLICENCE REQUIREMENTS .................................................................................................................................................................................................................................................................................................................................................................................................................................... 4444
6666 REASONS FOR REVOREASONS FOR REVOREASONS FOR REVOREASONS FOR REVOKING LICENCEKING LICENCEKING LICENCEKING LICENCE ........................................................................................................................................................................................................................................................................................................................................................................ 5555
7777 GENERAL PROVISIONSGENERAL PROVISIONSGENERAL PROVISIONSGENERAL PROVISIONS .................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5555
8888 SIDEWALK VENDINGSIDEWALK VENDINGSIDEWALK VENDINGSIDEWALK VENDING ................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 6666
9999 SPESPESPESPECIAL EVENTSCIAL EVENTSCIAL EVENTSCIAL EVENTS ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 6666
10101010 CRAFT FAIRSCRAFT FAIRSCRAFT FAIRSCRAFT FAIRS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 7777
11111111 CHRISTMAS TREE AND SCHRISTMAS TREE AND SCHRISTMAS TREE AND SCHRISTMAS TREE AND SEAFOOD VENDINGEAFOOD VENDINGEAFOOD VENDINGEAFOOD VENDING ................................................................................................................................................................................................................................................................................................................ 7777
12121212 TRANSFER OF LICENCETRANSFER OF LICENCETRANSFER OF LICENCETRANSFER OF LICENCE .................................................................................................................................................................................................................................................................................................................................................................................................................................................... 7777
13131313 PERIOD OF TIME LICENPERIOD OF TIME LICENPERIOD OF TIME LICENPERIOD OF TIME LICENCE IN EFFECTCE IN EFFECTCE IN EFFECTCE IN EFFECT ............................................................................................................................................................................................................................................................................................................................................................ 7777
14141414 LICENCE IDENTILICENCE IDENTILICENCE IDENTILICENCE IDENTIFICATION AND DISPLAYFICATION AND DISPLAYFICATION AND DISPLAYFICATION AND DISPLAY ........................................................................................................................................................................................................................................................................................................................................ 7777
15151515 AMENDMENTSAMENDMENTSAMENDMENTSAMENDMENTS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 7777
16 16 16 16 RECORDSRECORDSRECORDSRECORDS ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 8888
17171717 PENALTIEPENALTIEPENALTIEPENALTIESSSS ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 8888
18181818 PREVIOUS BYPREVIOUS BYPREVIOUS BYPREVIOUS BY----LAWS REPLAWS REPLAWS REPLAWS REPEALEDEALEDEALEDEALED ................................................................................................................................................................................................................................................................................................................................................................................................ 8888
SCHEDULE “B”SCHEDULE “B”SCHEDULE “B”SCHEDULE “B” .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 9999
1
No. V-200
Cape Breton Regional Municipality
By-Law Number V-200
Vendors By-law
Pursuant to Section 173 of the Municipal Government Act, BE IT ENACTED by the Council of the Cape
Breton Regional Municipality (CBRM) as follows:
(1) This By-law shall be known as the “Vendors By-law”;
(2) Where a provision of this By-law conflicts with the provisions of another By-law in force within the
Municipality, the provision that establishes the higher standards to protect the health, safety, and
welfare of the general public shall prevail.
WHEREAS the Cape Breton Regional Municipality intends to regulate vending:
to ensure such facilities and their surroundings are adequately maintained;
to ensure their customers receive a high degree of service; and
in lieu of the fact such businesses are not obliged to pay property taxes
to ensure the taxpayer is compensated for the municipal services such businesses are the
beneficiaries of; and
to compensate for the fact businesses who are in direct competition with such vendors which are
obliged to pay property taxes are burdened with a tax not imposed on vendors and traders of goods
the Council of the Cape Breton Regional Municipality hereby adopts this By-law.
1 Definitions
Auction means a publicly held sale where goods are sold to the highest bidder, but does not include
local estate auctions or auctions organized by Service Clubs and non-profit organizations
Auctioneer means a person who vends goods, wares, merchandise or effects or livestock by public
auction.
Busking – means a person or group that performs in a public place for donation.
Council means the Council of the Cape Breton Regional Municipality.
Craft Fair Organizer means the person leasing the facility used to host the craft fair.
Dwelling means a residential building, or portion thereof, occupied or capable of being occupied as a
residence by one or more persons, containing one or more dwelling units. A dwelling may include a single
detached dwelling, mobile home, converted dwelling, duplex dwelling, semi-detached dwelling, apartment
building, townhouse, recreational vehicle with a service connection to the Nova Scotia Power Inc. power
grid, or a dwelling unit(s) within a business or institutional building.
General Committee of Council means the General Committee of the Council of the Cape Breton
Regional Municipality
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No. V-200
Licencing Authority means the Assistant By-law Manager, or such employee or agent of the
Municipality as the Assistant By-law Manager may designate to receive applications for licence under
this By-law;
Non-Profit Organization means an organization which is created primarily for a charitable object or
purpose, is operated not for profit, with 100% of the funds raised going to the designated charity, and
includes, but is not limited to a religious organization, school activities, or minor sports group.
Manufactured Products means products to be retailed, which were produced by means of a large scale
assembly line operation using sophisticated technology and machinery.
Motor Vehicle means a self-propelled vehicle, as defined in the Motor Vehicle Act, driven otherwise
than by muscular power.
Municipality means the Cape Breton Regional Municipality.
Non-Profit Organization means an organization which is created primarily for a charitable object or
purpose, is operated not for profit, with 100% of the funds raised going to the designated charity, and
includes, but is not limited to a religious organization, school activities, or minor sports group.
Person means an individual, guild, agency or a corporation.
Rural means any part of CBRM at least 500 feet from the nearest CBRM sanitary sewer main.
Special Event means a publicized temporary festival, carnival, or fair at a particular site for no more
than a few consecutive days.
Stand means any table, showcase, bench, rack, pushcart, wagon, or wheeled vehicle or device which
may be moved without the assistance of a motor and which is not required to be licenced and
registered pursuant to the Motor Vehicle Act as a motor vehicle or a trailer, used for the display,
storage, transportation, or sale of food, beverages, or other merchandise by a vendor.
Street means within the entire right-of-way of a public street owned and maintained by the Cape
Breton Regional Municipality or the Department of Transportation and Infrastructure Renewal.
Traffic Authority means the position of responsibility delegated by Regional Council by recorded
resolution to be responsible for the powers of a traffic authority pursuant to the Motor Vehicle Act.
Trailer means a vehicle without motive power designed to carry property or passengers to be drawn by
a motor vehicle.
Transient Vendor means a person, firm, or corporation temporarily vending manufactured products at
a particular location for a specified period of time (e.g. retailing clothing from a hotel location) that is
not operating such a business elsewhere in the Municipality from a building as defined in the Provincial
Building Code which is subject to the business occupancy assessment pursuant to the Assessment Act of
Nova Scotia.
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No. V-200
Unprocessed products means produce in its natural state which has not been manufactured beyond
harvesting.
Vend or Vending means the sale, or offering for sale of food, beverages or other merchandise or
service, not in an enclosed building as defined in the Provincial Building Code, whether on public
property or private property.
Vending vehicle means a vehicle used for the displaying, storing, transportation or sale of food and
beverages by a vendor which is:
required to be licenced and registered pursuant to the Motor Vehicle Act as a motor vehicle or a
trailer; or
propelled by human power whether required to be licenced or not.
Vendor means any person who engages in vending as defined under this By-law.
Unsightly means a vending vehicle or stand which does not have a well maintained facade and site
including but not limited to:
clean and painted and rust free;
tires with the right air pressure for traveling on public streets;
vending site free of rubbish.
2 Administration and Enforcement Responsibilities
(1) No person shall vend in the Municipality except in accordance with the provisions of this By-law.
(2) Council shall appoint the position of Assistant By-law Manger as the Licencing Authority to grant or
refuse any application for a licence under this By-law.
(3) The By-law Enforcement Officers under the direction of the Manager responsible for this by-law
and any Peace Officer shall have authority to enforce any and all provisions of this By-law.
3 Exceptions
(1) This bylaw does not apply to
(a) A person vending fruits, vegetables and other products harvested from a farm located within
the Municipality;
(b) A person vending forestry products from a woodlot located within the Municipality;
(c) A fisher licenced by the Province of Nova Scotia vending lobster, fish, oysters or any other
seafood they have harvested from the sea;
(d) Non-profit organizations and religious organizations associated with fund-raising by
community or religious not for profit groups from the CBRM;
(e) Estate Auctions held to dispose of property and or personnel items belonging to properties
listed on the CBRM Tax Role;
(f) Vending by the operator of a commercial business on the sidewalk in front of that commercial
business, although approval may be required from the Traffic Authority;
(g) A garage or yard sale held at a residential home, when conducted by the owner or legal
occupant, or a group including the owner or legal occupant;
(h) Door to door sales; or
(i) Busking.
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No. V-200
4 Location
(1) Those areas shown on Schedule “A” attached hereto and forming part of this Bylaw are designated
as authorized sites on which vending is permitted.
(2) A person may vend on a site not shown on Schedule “A” subject to the following:
(a) The property has been previously occupied by a business development similar or more
obnoxious to the vending proposal within the last 10 years if irrefutable evidence of the
former land use can be verified by an independent source other than the applicant; or
(b) The property is owned by the CBRM and written, signed permission is received by the site’s
CBRM Manager; or
(c) The mobile vehicle does not vend at any one location for a period longer than thirty (30)
minutes within a street right-of-way nor vend from on any property for a period longer than
sixty (60) minutes; or
(d) The property is located within rural CBRM and notice of the application is circulated, with no
reasonable objection, to all assessed owners of property that are occupied by a dwelling which is
within 100 feet of the vending location. Property owners are deemed no objection if no comment
is received within 14 days of the issuance of said notice.
5 Licence Requirements
(1) No person shall vend in the Municipality without having obtained a licence to do so pursuant to
this By-law.
(2) A licence to vend is required for each vending stand, vending vehicle, or transient vender operating
in the Municipality.
(3) Every application for a licence to vend in the Municipality shall be made in writing to the Licencing
Authority, with a minimum of 30 days advance notice of the intention to vend, shall contain:
(a) the name, mailing address and telephone number of the applicant;
(b) company name if applicable;
(c) description of the merchandise to be sold;
(d) photograph of the stand or vending vehicle;
(e) if the applicant is proposing to vend on property owned by the Municipality, the period of
time during the year the applicant proposes to be in operation and the hours of operation;
(f) if the applicant is proposing to vend food prepared on-site, a copy of the licence issued by the
Nova Scotia Department of Agriculture in compliance with their Regulations;
(g) if the applicant is proposing to cook food to be prepared for consumption by the general
public, a statement from the Fire Marshall’s office of the Province of Nova Scotia, or a person
licenced to supply or install propane equipment by the Fire Marshall’s office, that the
equipment used by the vendor to cook the food is in compliance with the minimum
requirements of the “Liquified Petroleum Gas Installation and Equipment Regulation” made
pursuant to the Fire Prevention Act of Nova Scotia;
(h) if the applicant is proposing to vend at a particular site or sites, adequate property information
to identify the specific parcel(s) of land including a site plan(s). Each site plan shall show the
area being utilized by the vendor, ingress and egress, and the location of all buildings on the
property;
(i) if the applicant is proposing to vend from a motor vehicle and said motor vehicle travels on
public street, proof of motor vehicle registration, up-to-date motor vehicle inspection, and
insurance;
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No. V-200
(j) if the applicant is proposing to vend at a particular site and the applicant is not the owner of
the parcel of land, written and signed permission from the property owner;
(k) if the applicant is proposing to vend on a street, written, signed permission from the Traffic
Authority;
(l) confirmation of insurance in the amount of $1,000,000 including the Municipality as an
additional named insured, and if it is a vendor, with a cross liability clause in connection with
the presence and operation of the vendor within the street, and that the Cape Breton Regional
Municipality will be notified by the insurance company if and when the insurance policy on the
vehicle or stand in effect with respect to the vehicle or stand to be used has expired;
(m) Payment in accordance with Schedule “B”.
(4) After receiving a completed application, the Licencing Authority shall issue a licence in compliance
with the provisions of this By-law.
(5) A person who is issued a licence by the Licencing Authority shall operate only at the site or sites for
which the licence was issued under this By-law.
(6) Any person who has been refused a licence may appeal such licence to the General Committee of
Council by writing to the Clerk of the Municipality within 15 days of the revocation. The General
Committee of Council may confirm the decision of the Licencing Authority or order that a licence is
issued subject to compliance with the provisions of this By-law.
6 Reasons for Revoking Licence
(1) A licence shall be revoked by the Licencing Authority for the following reasons:
(a) the licence issued by the Nova Scotia Department of Agriculture is revoked;
(b) the vendor is vending merchandise not stipulated on the application for a licence;
(c) the vending business is in violation of any specific provision of this By-law;
(d) the vending business is in violation of any other By-law of the Municipality;
(e) the vending business is in violation of provisions of the Motor Vehicle Act or any regulations
made thereunder;
(f) the vending business is not insured as stipulated in Section 5 and as confirmed on the licence
application.
(2) Any person whose licence has been revoked by the Licencing Authority may appeal to the General
Committee of Council in writing to the Clerk of the Municipality within 15 days of the revocation.
The General Committee of Council may confirm the decision of the Licencing Authority or order
that a licence not be revoked subject to compliance with the provisions of this By-law.
(3) A licence in respect of any site may be revoked by the General Committee of Council if, in the
opinion of the Committee, the site is required for the purposes of the Municipality and the
Municipality shall refund to the applicant a portion of the licence fee paid by the applicant pro-
rated in proportion to the amount of time that the licence is revoked.
7 General Provisions
(1) No vendor shall:
(a) leave any vending vehicle or stand unattended on a street;
(b) leave any location without first picking up, removing and disposing of all trash or refuse
remaining from sales made by the vendor;
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No. V-200
(c) place any items relating to the operation of the vending anywhere other than in, on or under
the stand or vending vehicle with the exception of litter and recycling receptacles or a table (if
vending goods on a particular site other than a street);
(d) dump any trash or refuse or any fat or other food substances into the CBRM's sewer system.
(e) solicit business orally or by means of any sound emitted by a device to pedestrians or persons
in motor vehicles;
(f) vend within 100 feet of a doorway of a permanent business establishment located within a
building subject to property tax and selling similar products as the vendor, unless the vendor is
a pedestrian powered vehicle or stand selling food in front of an eating establishment in which
the restaurant is closed (For purposes of clarity, “selling similar products” shall mean for
example food vendors and restaurants, craft vendors and jewelry stores etc.);
(g) allow the vending vehicle, vending stand, or any item relating to the operation of the vending
of business to lean against or hang from any building on private property or any structure
lawfully placed on public property without the owner’s permission;
(h) operate such a business from a stand or vending vehicle which is unsightly because the facade
has not been maintained or a particularly obnoxious part of the stand or vending vehicle is not
effectively screened from outside of the stand or vending vehicle;
(i) locate the vending vehicle or stand in such a way as would restrict or interfere with vehicles
entering or exiting a driveway accessing a street or pedestrians attempting to enter the
premises of a building;
(j) leave a vending vehicle or stand at any location which is not being used for vending purposes
for a period of time exceeding one (1) week;
(k) place the vending vehicle or stand so as to obstruct the view of approved signage or displays
in storefront windows;
(l) vend to persons in motor vehicles;
(2) In addition to the provisions of this By-law, it is the responsibility of the vendor to comply with all
other applicable Municipal, Provincial and Federal Legislation.
8 Sidewalk Vending
(1) No motor vehicle shall be used for vending purposes while on a sidewalk, and no pedestrian
powered vending vehicle or stand shall be permitted on a sidewalk unless:
(a) the width of the sidewalk is a minimum of 10 feet
(b) provided the pertinent provisions of Section 4 can be met; and
(c) provided the pertinent provision of Section 7(1)(f) is met.
9 Special Events
(1) A special event does not need to be located in a designated area identified in Schedule “A”.
(2) Any person vending at a special event in the Municipality shall:
(a) have a vending licence in compliance with this By-law; and
(b) acquire written invitation from the special event organizer; unless
the beneficiary of the proceeds from the vending is a religious denomination or a non-profit
corporation or a society incorporated under the Societies Act.
(3) A person intending to vend at a special event in the Municipality may acquire a per event licence
from the Regional Municipality or acquire an annual licence from the Regional Municipality.
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No. V-200
10 Craft Fairs
It is the responsibility of the craft fair organizer to acquire a special event vendor’s licence on behalf of
all vendors participating in the craft fair. Each vendor is not required to be licenced individually.
11 Christmas Tree and Seafood Vending
(1) The seasonal vending of Christmas trees during the weeks leading up to Christmas day shall be
subject to a licence fee as per Schedule “B” unless:
(a) the retailing is being conducted by the woodlot owner who harvested the trees as described in
Section 3; or
(b) the retailing is being conducted by, or for the benefit of, a non-profit organization registered
under the Societies Act of Nova Scotia.
(2) The vending of seafood in the Municipality shall be subject to a licence fee as per Schedule “B”
unless:
(a) the vending is being conducted by the licenced fisher who caught the seafood as described in
Section 3; or
(b) the seafood is being sold by, or for the benefit of, a non-profit organization registered under
the Societies Act of Nova Scotia.
12 Transfer of Licence
A licence to vend may not be transferred to a new licencee.
13 Period of Time Licence in Effect
A licence to vend shall be an annual licence (12 months), which shall expire on the 31st day of March of
each calendar year; therefore, a new application, documentation and payment of the fee for a vendor’s
licence is required each and every year.
14 Licence Identification and Display
Every licence shall bear a number and shall be conspicuously displayed at all times during the operation
of the vending business.
15 Amendments
(1) A person who seeks to have this By-law amended shall
(a) address a written and signed letter to the Clerk’s Office requesting permission to present their
request to the General Committee of Council; and
(b) pay for all costs of public notification of a Public Hearing of Council and public notice of
Council’s decision to adopt the amendment.
(2) If the General Committee of Council deems it appropriate to proceed, a recommendation shall be
made that the Licencing Authority prepare an Issue Paper to be presented at a subsequent meeting
of Regional Council.
(3) Prior to presenting an Issue Paper to Regional Council, the Licencing Authority shall circulate the
request in Subsection (1) the Traffic Authority, the Planning and Development Department and any
other relevant agencies for input.
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No. V-200
16 Records
The Licencing Authority shall keep a record of every licence issued and every application accepted.
17 Penalties
(1) Every person who contravenes or fails to comply with any provisions of this By-law, or any
proprietor who allows un-licenced vendors the use of their premises or property, shall, for each
offence, be liable on summary conviction to a penalty of not less than $100.00 and not more than
$200.00; and, in default of payment, the By-law Enforcement Officers under the direction of the
Manager responsible for this by-law and any other Peace Officer may cancel or suspend the licence
of such person. In the case of a continuing offence, a further penalty, not exceeding $100 for each
day during which the offence continues, may be imposed.
(2) Where a person is vending:
(a) without a licence required by this By-law; or
(b) from a space other than the space allocated to that person and specified in a Licence issued
pursuant to this By-law;
in addition to any other remedy or penalty imposed by this By-law, the By-law Enforcement
Officers under the direction of the Manager responsible for this by-law and any other Peace Officer
may, immediately and without notice of any kind, remove any vehicle or stand used as an integral
part of the vending or trading business to a place selected by the Municipality and all costs and
charges incurred by the Municipality for the removal and storage shall be a lien thereon and the
Municipality may, by action in any Court of competent jurisdiction, recover as a civil debt due to
the Municipality by the owner, the cost of removal and storage thereof.
18 Previous By-laws Repealed
By-law No. V – 200, cited as the Vendors and Traders of Goods By-law and all amendments thereto are
hereby repealed.
PASSED AND ADOPTED by a majority of the whole Council at a duly called meeting of the Cape Breton
Regional Municipality held on May 17th, 2016, and amended on June 21st, 2016; May 16th, 2017; July 9th,
2019 and September 17th, 2019
_______________________________ ___________________________________
MAYOR CECIL P. CLARKE DEBORAH CAMPBELL RYAN, CLERK
THIS IS TO CERTIFY that the attached is a true and correct copy of the Vendors By-law of the Cape
Breton Regional Municipality including amendments to September 17th, 2019.
_______________________________
DEBORAH CAMPBELL RYAN, CLERK
Publication Date: September 23, 2019
9
Schedule “B”
of the
Vendors By-law
of the
Cape Breton Regional Municipality
Fee Schedule for Vendors Licence
Type of Vendor Period of Time
Licence is in
Effect
Special Provisions
Mobile motor vehicle traveling
from one location to another
$450 annual fee
per vehicle
This $450 per vehicle annual fee is replaced with
a $1,000 fleet fee for three or more vehicles
owned by the same proprietor who is paying
property and business occupancy tax in relation
to the vending activity
Stationary motor vehicle $450 annual fee Minimum site rental on CBRM property is $350
per month; except
metered parking spaces where the vendor is
prohibited from locating the vending vehicle
while the Parking Meter By-law is in effect, in
which case the site rental fee is $175 per month
This $450 per vehicle annual fee is replaced with
a $1,000 fleet fee for three or more vehicles
owned by the same proprietor who is paying
property and tax in relation to the vending or
activity
The vendor licenced to locate on a particular site
owned by the CBRM for the previous year may
renew their licence prior to the CBRM accepting
applications from other vendors.
Pedestrian power stand $225 annual fee
Bicycle vendors $50 annual fee
per vehicle
Special events and craft fairs $100 per event
Christmas tree and seafood
vending
$100 per season Refer to Section of By-law titled “Christmas
Trees and Seafood Vending”
Auctioneer $100 per auction
Transient vendors $500 per day