HomeMy WebLinkAboutV-100 Vending Machine By-Law No.V-100
Automatic Vending Machines By-law
of the
Cape Breton Regional Municipality
Pursuant to Section 120 and Section 128 of the Cape Breton Regional Municipality Act, S.N.S. 1994, c.3
WHEREAS the Cape Breton Regional Municipality Act gives the Cape Breton Regional
Municipality the authority to "...regulate and licence automatic vending machines...'; and
WHEREAS the Cape Breton Regional Municipality believes it should be compensated for providing
services protecting automatic vending machines (e.g. Police, Fire) and to enable customers of
automatic vending machines to access such machines (e.g. sidewalks,public streets); and
WHEREAS automatic vending machines are in competition with business establishments obliged to
pay commercial property taxes and business occupancy tax:
The Council of the Cape Breton Regional Municipality hereby adopts this Automatic Vending
Machines By-law,pursuant to the Cape Breton Regional Municipality Act.
1. Definitions
Automatic Food Vending Machine means an automatic vending machine which pours beverages or
dispenses packaged foods.
Automatic Vending Machine means any mechanical device which is operated by the introduction of
coins, counters, or slugs, that dispenses food, beverages, goods, wares or services, including
newspapers and other publications.
Automatic Vending Machine Game means an automatic vending machine which does not dispense
food, wares or services, but is used as a game. ( vending machine game is exempt from the
licencing provision by Motion of Council.)
Automatic Vending Machine Owner means the person or agency which owns the automatic
vending machine and/or is responsible for distributing, replenishing and maintaining the automatic
vending machine.
Building means any permanent structure used or built for the shelter, accommodation or enclosure of
persons.
Licence means a Licence to operate an automatic vending machine.
Licencing Authority means:
a Special Constable of the Cape Breton Regional Municipality; and
the Assistant By-law Manager
under the direction of the Manager of the Development Division and By-laws.
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Mechanical Ride means an automatic vending machine which is designed to entertain children by
physically moving them.
Municipality means the Cape Breton Regional Municipality.
Premises means either:
within a building; or
on the property on which the building is located.
Property means a separate and distinct parcel of land described in an executed deed or as shown on a
registered plan of subdivision.
Service Dispensing Automatic Vending Machine means as automatic vending machine which does
not dispense a product but provides a service (e.g. clothes washer, dryer).
2. Licences
a. A Licence to operate an automatic vending machine is required in compliance with this
By-law unless:
1. the automatic vending machine is clearly an integral part of the service provided by
the business located at the premises (e.g. coin operated laundromats, arcades); or
2. automatic food vending machines in convenience stores and other similar types of
retail establishment; or
3. automatic food vending machines as an ancillary service in commercial
establishments in receipt of an eating establishment licence from the Province; and
provided
4. the business is subject to Business Occupancy Assessment pursuant to the
Assessment Act of Nova Scotia.
b. Every application for a Licence shall be completed on a prescribed form obtained at the office
of the Manager of the Development Division and By-laws and shall contain the following
information:
1. Name, mailing address and telephone of automatic vending machine(s) owner;
2. Address where each automatic vending machine is to be located;
3. Name of building each automatic vending machine is to be located, and location
within building;
4. Type of automatic vending machine(s); and
5. The signature of the applicant.
C. An application for a Licence may be for one automatic vending machine, or more than one
automatic vending machine provided:
each machine is identified by a serial number; and
the address where each automatic vending machine is to be located is identified.
d. Every Licence shall be completed on a prescribed form prepared under the direction of the
Manager of the Development Division and By-laws and shall contain the following
information:
1. the licencing year;
2. to whom the Licence is being issued;
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3. the number of automatic vending machines to which the Licence applies;
4. a description (or descriptions) of the automatic vending machine(s) to which the
Licence applies;
5. the location of the premises the automatic vending machines are to be placed;
6. a Licence number; and
7. the signature of the Licencing Authority.
e. One Licence may be issued in compliance with this By-law for all of the automatic vending
machines on the same application, but each automatic vending machine shall be issued an
adhesive label bearing:
the words "Licenced automatic vending machine";
the year in which the Licence was issued; and
a unique number; and
the automatic vending machine owner shall affix or cause to be affixed such adhesive
label in a conspicuous place on the automatic vending machine.
f. A Licence issued in compliance with this By-law may be used for any automatic vending
machine of the type to which the Licence applies provided the number of automatic vending
machines in operation does not exceed the number identified on the Licence.
g. The fees for Licence issued in compliance with this By-law shall be as described in Schedule
"A" of this By-law.
h. A Licence issued in compliance with this By-law shall expire on the 31s` day of December
following the date of issuance.
i. The office of the Manager of the Development Division and By-laws shall keep a record of
all Licences issued in compliance with this By-law.
3. Appeals
a. Any automatic vending machine owner:
who has been refused a licence;
who's licence has been suspended or cancelled
may appeal to the General Committee of Regional Council.
b. Such appeal shall be in writing filed with the Clerk's Department.
C. The General Committee may confirm the decision of the licencing authority or order that a
licence be issued subject to compliance with the provisions of this By-law.
4. Penalties
a. Every automatic vending machine owner who violates or fails to comply with any of the
provisions of this By-law shall be guilty of an offence against this By-law and liable to a
penalty not exceeding $500.00 and, in default of payment, to imprisonment for a period not
exceeding sixty(60) days.
Automatic Vending Machines By-law Page - 4
b. Every day during which any such contravention or failure to comply continues shall be
deemed a fresh offence.
C. Where an automatic vending machine owner locates, permits, or causes or permits to be
operated, any automatic vending machine on any premises in the Municipality without
obtaining a Licence in compliance with this By-law, the Municipality may, after notice by
Registered Mail, remove any automatic vending machine to a place selected by the
Municipality and all costs and charges incurred by the Municipality may, by action in any
Court of competent jurisdiction, recover as a civil debt due to the Municipality by the owner
of the automatic vending machine the cost of removal and storage thereof.
5. Repeal of Previous By-laws
All Automatic Vending Machines By-laws or similar by-laws adopted by the former Municipalities of
Cape Breton County to regulate automatic vending machines are hereby repealed and the provisions
of this By-law substituted thereof.
PASSED AND ADOPTED by a majority of the whole Council at a duly called meeting of the
Cape Breton Regional Municipality held on January 26"', 1999, including amendments adopted on
September 21', 1999 and May 17, 2016.
MAYOR CECIL P. CLARKE DEBORAH CAMPBELL, CLERK
THIS IS TO CERTIFY that the attached is a true and correct copy of the Automatic
Vending Machines By-law of the Cape Breton Regional Municipality with amendments to
May 17, 2016
DEBORAH CAMPBELL, CLERK
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Schedule "A"
of the
Automatic Vending Machines By-law
of the
Cape Breton Regional Municipality
Licence Fee Schedule
(per automatic vending machine)
TYPE OF AUTOMATIC LICENCE FEE LICENCE FEE LICENCE FEE
VENDING MACHINE IST 6MONTHS OF 77H UP TO&INCLUDING LAST 2 MONTHS OF
CALENDAR YEAR THE IOT"MONTH OF CALENDAR YEAR
CALENDAR YEAR
Automatic Vending Exempt Exempt Exempt
Machine Game
Automatic Food Vending $40.00 $20.00 $40.00 and licence is
Machine issued for next calendar
year
Mechanical Rides $40.00 $20.00 $40.00 and licence is
issued for next calendar
year
Service Dispensing $10.00 $5.00 $10.00 and licence is
Automatic Vending issued for next calendar
Machine year
Other Automatic Vending $10.00 $5.00 $10.00 and licence is
Machines issued for next calendar
year