BY-LAW NO. 42
STREET VENDORS BY-LAW
A By-law of the Town of Yarmouth in the Province of Nova Scotia for the
purpose of regulating and controlling vendor licensing and business within the
Town of Yarmouth.
WHEREAS,
Pursuant to the Municipal Government Act, 1998,
C18, Section 172, and amendments thereto, the
Town of Yarmouth has the power to pass a By-Law
within the Town;
AND WHEREAS,
Pursuant to the Municipal Government Act, 1998,
c18, Section 173, and amendments thereto, the Town
of Yarmouth has the power to pass a By-law,
notwithstanding the Motor Vehicle Act, for municipal
purposes regulating vending, any class of vending,
mobile vendors and the placement of vending
machines on the streets of the Town;
AND WHEREAS
All properties belonging to the Town shall be under
the direct control and management of the Town,
BE IT ENACTED
This By-law shall be known as “Bylaw No 42” and shall
be cited as the “Street Vendors By-law”. It shall apply
to all vendor establishments within the Town of
Yarmouth.
Contents
BY-LAW NO. 42 STREET VENDORS BY-LAW ................................................................................................ 6
Part 1 2 - Definitions ............................................................................................................................... 7
Part 3 - General Provisions...................................................................................................................... 8
Part 4 - Vending Regulations ................................................................................................................. 10
Part 5 - Designated Sites ......................................................................................................................... 7
Part 6 - Mobile & Push Cart .................................................................................................................... 8
Part 7 - Auxiliary Vending........................................................................................................................ 9
Part 8- Umbrella Vending ..................................................................................................................... 10
Part 9 - Enforcement ............................................................................................................................. 10
Part 10 - Scope of Application............................................................................................................... 10
Part 11 - Issuance and Terms of License ............................................................................................... 11
Part 12 - License Fees............................................................................................................................ 13
Part 13 - Revocation and Appeals ......................................................................................................... 14
Schedule "A" Application for a Vendor Permit ..................................................................................... 16
Schedule “B” Vendor License Template................................................................................................ 17
Schedule “C” Umbrella Application ....................................................................................................... 18
Schedule “D” Umbrella License Template ............................................................................................ 20
Schedule “E” Vending Terms & Conditions .......................................................................................... 22
Part 1 2 - Definitions
For the purpose of this By-law, all words shall carry their customary meaning
except for those defined hereafter:
(a)
Auxiliary Vending O p e r a t i o n means a v e n d i n g operation
subordinate and naturally, customarily and normally incidental to
and exclusively devoted to a main use of land or building.
(b)
Amusement Vendor A person or company that charges a fee for
the use of conveyances for the enjoyment of the public, which
includes, but is not limited to, paddleboats, fishing gear, water
rides, bicycles, scooters, etc. and is not established in a physical
commercial storefront location within the Town.
(c)
Busker means a person or group that performs in a public place for
money.
(d)
Designated Sites means any land owned or leased by the Town of
Yarmouth that is designated for vending use by a policy duly
passed by the Council for the Town of Yarmouth.
(e)
Door to Door Vending means peddling, hawking, or trading goods,
wares, services, or merchandise of any kind door to door.
(f)
Mobile Vending Unit means a mobile motor vehicle, trailer or similar
structure designed for preparing and offering the sale of goods, food or
services on a schedule and/or route and is not normally situated at
one location.
(g)
Inspector means a By-law Enforcement Officer or other person duly
appointed to enforce and administer this By-law.
(h)
License means a vendor's permit issued pursuant to this By-law.
(i)
Push Cart Vending Unit means any vehicle used by a vendor
which is propelled by human power and may include a stand for
food, beverages and/or merchandise.
(j)
Sidewalk Vendor means a vendor vending along a sidewalk whose
vending operation does not qualify as an auxiliary vending
operation pursuant to Part 7 of this By-law.
(k)
Stand means any table, showcase, bench, rack, pushcart, wagon
or wheeled device which may be moved without the assistance
of a motor and which is not required to be licensed and
registered pursuant to the Motor Vehicle Act, used for the
display, storage, transportation or sale of food, beverages or
other merchandise by a vendor.
(l)
Town Administrator means the Chief Administrative Officer or the
Town Clerk of the Town of Yarmouth.
(m)
Umbrella Vendor means a festival or large event that will allow
one or more vendors to operate at the event.
(n)
Vending means the sale and offering for sale of food, beverages,
amusements or other merchandise and/or product from other than,
or from outside of, an established business.
(o)
Vendor means the person or persons selling goods, food,
amusements or services in the Town without a physical storefront
approved for such use and includes the owners of stands or mobile
units from which vending takes place.
Part 3 - General Provisions
3.1
No person shall carry on business as a busker, vendor, hawker, or peddler
on a designated site without first obtaining a permit from the Town of
Yarmouth and agreeing to the Vending Terms & Conditions as outlined in
Schedule G of this By-law.
•
•
3.2
The original vending permit and business license must be kept in the
vending unit and must be presented upon request of the Inspector.
The vending permit and business license are not assignable.
No vendor shall vend within any street right-of-way other than those located
within the Downtown Commercial (C-1) or the Secondary Commercial (C-3)
zone as described in the Land Use By-law except for the following:
* Mobile Vending Units
* Push Cart Vending Units
* Door to Door Vending.
3.3
No vendor shall vend on a lot unless all relevant provisions of the Land Use
By-law are satisfied.
3.4
No Vendor shall set up their business on private property without first
obtaining written permission from the property owner, signed and
submitted to the Town’s Development Officer. Vending on private
property does not require a vendor permit.
3.5
Charitable or non-profit organizations from the Town who utilize the
proceeds from the sale of goods and services to support projects within the
community may be exempted from permit fees but must meet the other
requirements of this bylaw.
3.6
Advertising or signage for a vending business is limited to the space
available on the mobile unit and one temporary sandwich board sign.
3.7
Vendors shall provide an approved garbage storage facility f o r
separating according to regional waste authority
s t a n d a r d s t o r e c e i v e the trash or refuse generated by the vending
operation on a daily basis and shall remove the trash and refuse on a daily
basis.
3.8
Vendors shall assume all responsibility for themselves and anyone whom
they have hired or otherwise authorized to sell goods or products at the
vending location and to see that they are aware of and comply with the
terms and conditions of their Permission.
3.9
The Vendor shall indemnify and save harmless the Town of Yarmouth, its
employees and agents, from and against all claims, expenses, actions,
losses, costs and suits caused by or arising out of, directly or indirectly, the
performance of the Vending Permit, or by reason of any matter or thing
done by or not done by the Vendor, its employees or agents.
3.10
The Vendor shall, at its sole cost and expense, place and at all times
maintain during the currency of the permit, general liability and property
damage insurance. The Vendor shall provide the Town with the
confirmation of the insurance, including the insurance provider and the
policy number, and such policy shall be written on a comprehensive basis
with coverage for any one occurrence or claim and not less than
$2,000,000.00.
3.11
The Vendor shall have received all necessary permits, licenses and letters
of permission required by various Federal, Provincial or Municipal
agencies.
Part 4 - Vending Regulations
4.1
A vendor shall not:
(a)
vend at any location other than the one for which the vendor is
licensed;
(b)
vend on any street or sidewalk between the hours of 11 p.m. and
8 a.m.;
(c)
leave any location without first picking up, removing and disposing
of any trash or refuse remaining from the sales made by the
vendor and shall keep the area clear of all trash and refuse at all
times;
(d)
set up, maintain or permit the use of any table, crate, rack or any
other device to increase the selling or displaying capacity, where such
items have not been described in the vendor's application;
(e)
vend anything other than that which the vendor is licensed to vend;
(f)
dump any trash or refuse or any fat or other food substances
into the Town's sewer system;
(g)
Hawk, peddle, or busk goods, foods, amusements or services within
100 m. of a commercial retail storefront operation which sells similar
goods or services;
(h)
Impede traffic and or/pedestrians, endanger public safety or cause
unwelcome disturbance and must be cognitive of and comply with
the Town’s By-Laws;
(i)
Use or permit the use of any loud speaker, public address system,
radio, sound amplifier or similar device.
Part 5 - Designated Sites
5.1
All street vendors shall vend from a designated site in which the vendor is
licensed except for the following:
(a)
(b)
(c)
(d)
5.2
Mobile Vending Units;
Push Cart Vending Units;
Door to Door Vending, and
Auxiliary Vendors.
Vendors may apply for their preferred designated site; sites will be released
on a first come, first served basis.
5.3
In the event that an applicant does not acquire their desired
designated vending site, they may choose another available site that
remains available or otherwise shall be entitled to a full refund of their
application fee.
Part 6 - Mobile & Push Cart Vending Units
6.1
Mobile & Push Cart Vending Units shall not:
(a)
vend on any street during the hours when stopping, standing or
parking has been prohibited by signs or curb markings or is
prohibited by statute or ordinance;
6.2
A mobile vending unit shall not exceed twenty four (24) feet in length
excluding any towing apparatuses.
6.3
Mobile and push cart vendors shall only vend along a route and at stops as
approved on their license and shall not vend at any one location for a
period longer than sixty (60) minutes within any street right-of-way.
Part 7 - Auxiliary Vending
7.1
The provisions of this Part shall apply to a vendor who vends in conjunction
with an existing business which is located on a commercially-assessed
property.
7.2
An auxiliary vending operation may be located on a sidewalk directly in front
of the main use provided:
(a)
7.3
7.4
that suc h side wa lk i s loc a te d wi thi n th e Downtown
Commercial (C-1) or the Secondary Commercial (C-3)
zone pursuant to the Town's Land Use By-law.
A person who vends pursuant to this Part shall not:
(a)
erect any signage that does not comply with the provisions of the
Land Use By-law;
(b)
erect lights of any kind except those that are subordinate and
naturally, customarily and normally incidental to and exclusively
devoted to the main use.
A person who vends pursuant to this Part shall:
(a)
remove all vending apparatus from the sidewalk or lot no later than
thirty (30) minutes after the time when the main business on the same
lot is closing or required to close, and shall not set up earlier than
thirty (30) minutes prior to the time when the main business on the
same lot is opening or is permitted to open.
Part 8- Umbrella Vending
8.1
8.2
Festivals and large events hosting one or more vendors must apply for an
Umbrella Vending license.
Vendors participating in an umbrella vending event shall:
(a) Adhere to the Town’s Vendors Terms and Conditions and the Vendors
By-Law.
Part 9 – Enforcement
9.1
9.2
This By-law shall be referred to as the Street Vendors By-law and be
administered by the Inspector.
Any vendor found guilty of having contravened or failed to comply with
any of the terms of this By-law or of any license issued under this By-law
shall, on conviction, be liable to a penalty of not less than three hundred
dollars ($300.00), and not more than one thousand dollars ($1000.00), and
in default of payment, to imprisonment for a period not exceeding sixty
(60) days.
Part 10 - Scope of Application
10.1
Every application for a license pursuant to this By-law shall be completed
and submitted on the form provided by the Town and shall include
the appropriate fee payable pursuant to Part 11 of this By-law.
10.2
The Inspector shall receive and review every application and issue such
license as are in compliance with this By-law.
Part 11 - Issuance and Terms of License
11.1
Within fifteen (15) days of receiving an application, the Inspector shall
inform the applicant whether the application is complete.
11.2
Within thirty (30) days of receiving a completed application, the Inspector
shall either grant or refuse the street vendor license.
11.3
Every license shall specify the license holder's name and address, the type of
food, beverage, amusement, entertainment or other merchandise or
product permitted to be sold, the registration number of any licensed
motor vehicle, the designated site or in the case of a mobile or push cart
vending unit, the schedule and/or route.
11.4
The license shall be prominently displayed during the hours of operation.
11.5
A street vendor license shall not be transferable by the license holder.
11.6
Every yearly license to vend shall expire at the end of the calendar year.
11.7
Every monthly license to vend shall expire at the end of thirty (30) days
from the date it was issued.
Part 12 - License Fees
12.1
License fees pursuant to this By-law shall be:
Type of Vending
Mobile Vending Unit
Push Cart Vending
Unit
Door to Door Vending
Auxiliary Vending
Designated Site
Umbrella Event
Non Profit Event or
Unit
Per Year
$500
$50/ unit
Per Month
$200
--------
$200
$0
$500
$100/ event
$0
$50
$0
$200
$0
Part 13 - Revocation and Appeals
13.1
Any license issued under this By-law may be suspended for a period of up
to fourteen (14) consecutive days by the Inspector.
13.2
Any license may be revoked by the Town Administrator.
13.3
Any refusal, suspension or revocation of a license shall be made in writing
to the applicant.
13.4
Any person whose license is revoked or whose application for a license has
been refused may appeal to Council, whose decision shall be final.
13.5
Such notice of appeal shall be served on the Town Administrator within
fifteen (15) days of the date that the written decision is served on the
applicant.
13.6
Any such appeal served on Council shall be heard by Council and Council
may:
(a)
(b)
confirm the decision of the Town Administrator, or
order that the license be granted or reinstated with or without
conditions.
I, JEFF GUSHUE, Clerk and Chief Administrative Officer
of the Town of Yarmouth, do hereby certify that the
foregoing is a true copy of a By-Law passed by the Town
Council of the Town of Yarmouth as follows:
Date of First Reading
February 14, 2013
Dates of Publication of Notice of Intent
February 26, 20 13 & March 5, 2013
Date of Second Reading
March 14, 2013
Publication on
March 26, 2013
Amended on
September 10, 2015
Publication on
September 22, 2015
GIVEN UNTO the hand of the Town Clerk/Chief Administrative Officer and
the Corporate seal of the Town this 22nd day of September, A.D., 2015.
________________________________________________
Jeffrey Gushue
Chief Administrative Officer
Schedule "A"
Application for a Street & Public Property Vendor Permit
Contact Info
Company Name
Applicant Name
Business Address
City
Province
Phone
Postal Code
Alternative
Phone
E-mail
Please indicate the type of product that best describes your service or wares:
Amusement (rental of bikes, fishing gear, scooters, etc.)
Entertainment (busking)
Food & Beverage Service (prepared food)
Ice Cream
Other (art, clothing, jewelry, information, etc.)
Additional Description of Vending Merchandise
Each vending unit requires a separate application. Please select the vending unit type below
that best describes your unit:
Mobile Vending Unit (Mobile motor vehicle offering food, goods, or services)
Push Cart Vending Unit (Human powered stand for food, beverage, or merchandise
Sidewalk Vending Unit ( stand for busking, amusement rentals, or merchandise)
Auxiliary Vendor (incidental to and located in front of the main use of land or building)
Door to Door Vendor (peddling of wares, merchandise, services door to door)
Designated site - Location
Please provide the Site # (See Schedule "D"), PID # or Civic Address of your preferred
designated site:
What are the intended hours of
operation?
Open
Close
Please provide the following information, if applicable
Description and photos of
vending apparatus
Vehicle Registration
Health Permit No.
Classification
Date of Inspection
If mobile, map of
proposed route and stop
locations
I hereby make application to the Town of Yarmouth for a Street Vendor's Permit stating the
information in this application is true and complete and that I agree to comply with the provisions of
the Town of Yarmouth's Street Vendor By-Law.
Date
Signature of Applicant
Authorized Consent of
Owner
Schedule "B"
A Street & Public Property Vendor License
Permit Info
Date Issued
Inspector
Expiry Date
Permission is hereby granted to
of
to proceed with the vending operation of (check where applicable):
Amusement (rental of bikes, fishing gear, scooters, etc.)
Entertainment (busking)
Food & Beverage Service (prepared food)
Ice Cream
Other (art, clothing, jewelry, information, etc.)
This permit is issued for the follow vending unit type, and is subject to the applicable fees
(check where applicable):
Mobile Vending Unit (Mobile motor vehicle offering food, goods, or services)
Push Cart Vending Unit (Human powered stand for food, beverage, or merchandise
Sidewalk Vending Unit ( stand for busking, amusement rentals, or merchandise)
Auxiliary Vendor (incidental to and located in front of the main use of land or building)
Door to Door Vendor (peddling of wares, merchandise, services door to door)
Vending from a Designated Site or Auxiliary Location
( Site #, PID # or Civic Address):
Vending from a Non Designated Site
(Established route & schedule)
Registration No.
Vending License No.
Health Permit No.
The License Holder hereby acknowledges reciept of this License and agrees to conform and
comply with the conditions of this license and all requirements of the Town's Vendors By-Law.
Date
Signature of License Holder
Signature of Inspector
Schedule "C"
Application for a Umbrella Event Permit
Contact Info
Festival/Event Name
Contact Name
Organization Address
City
Phone
Province
Postal Code
Alternative
Phone
Organization E-mail
Please Describe the Event:
Designated site - Location
Please provide location information for the event and festival:
(Descibe where the participating vendors will be located)
Date(s) of Event
Rain Date?
State Time
End Time
Please list the vendors business name, name of contact for the business, vendor's phone number
and product or service for each vendor operating at the event. Vendors include all food vendors,
entertainers, and other businesses providing wares or services.
Note: if more vendors, please attach a list with the required information.
Vendor's Business Name
Vendor's Contact Name
Phone
Product or Service
I hereby make application to the Town of Yarmouth for a Umbrella Vendor's Permit stating the
information in this application is true and complete and that I agree to comply with the provisions of
the Town of Yarmouth's Street Vendor By-Law.
Date
Signature of Contact
Schedule "D"
Umbrella Vendor License
Permit Info
Date Issued
Inspector
Expiry Date
Permission is hereby granted to
of
for the following event
Permitting the attached list of vendors to operate at the designated site:
(approved location for vendors at the event)
The License Holder hereby acknowledges receipt of this License and agrees to conform and
comply with the conditions of this license and all requirements of the Town's Vendors By-Law.
Date
Signature of License Holder
Signature of Inspector
Approved Vendor List
Vendor's Business Name
Product or Service
SCHEDULE “E”
VENDING TERMS AND CONDITIONS
The vendor agrees to the following terms and conditions:
1.
The original vending permit and business license must be kept in the vending unit and must
be presented upon request of the Inspector.
2.
The vending permit and business license are not assignable.
3.
The vendor agrees to:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
assume all responsibility for themselves and anyone whom they have hired or
otherwise authorized to sell goods or products at the vending location and to see
that they are aware of and comply with the terms and conditions of their
Permission.
indemnify and save harmless the Town of Yarmouth, its employees and agents, from
and against all claims, expenses, actions, losses, costs and suits caused by or arising
out of, directly or indirectly, the performance of the Vending Permit, or by reason of
any matter or thing done by or not done by the Vendor, its employees or agents.
have received all necessary permits, licenses, and letters of permission required by
various federal, provincial or municipal agencies.
comply with all laws, regulations and bylaws whether federal, provincial or
municipal in regard to the vending operation.
not actively solicit or harass park users or pedestrians.
not sell to customers in their vehicles (the client must approach you).
keep the unit and immediate area clean and neat.
provide garbage and recycling receptacles at the vending unit for all customers to
discard any waste from the product sold.
collect and dispose of any refuse produced directly or indirectly by the vending
operation around the stand.
adhere to all restrictions and requirements specified in the Vendors By-Law
______________________________________
Vendor
______________________________________
Witness
______________________________________
By-law Enforcement Officer
Vendor By-Law
Designated Sites Policy
Date Approved: September 10, 2015
1.
2.
3.
This Policy shall be entitled the “Vendor By-Law Designated Site Policy.”
Council delegates its authority to issue Vendor Licenses for designated sites to the Town’s By-Law
Enforcement Officer to be responsible for the Town’s Vendor By-Law.
In this Policy, “a designated site” includes all Town-owned public property that is either vacant,
zoned Open Space (O-1, O-2) or used as a public wharf or parking and those shown in the Site Plan
Map and Designated Site Locations listed below.
SCHEDULE "C" SITE PLAN
Town of Yarmouth
William St
Willow St
Prince St
Horton St
Cliff St
Cumberland St
Prince Lane
Yarmouth Harbour
Date: May 27, 2015
Legend
PROPE RTY BOUNDA RY M APPING SOURCE:
(1:10 000 NSPRD) NOVA S COTIA GEOMATICS CE NTRE, AMHERS T.
CURRENT TO 19 APRIL 2015.
Datum / Projection: NAD83 / UTM zone 20N
Property boundary
0
25
50
100
150
200
Right-of-way
Meters
ROAD MAPPING SOUR CE:
(NSCAF) NOVA SCOTIA GEOMATICS CENTRE, AMHERST.
CURRENT TO 27 APRIL 2012.
Waterbody
Vendor’s
location
WITH RESPEC T TO THIS MAP, NE ITHE R THE TOWN OF YARMOUTH NOR ANY OF ITS E MP LOYEES,
MA KES ANY WA RRANTY OF ANY KIN D, EITHER EXPRES SED OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INC LUDING BU T NOT LIMITED TO WA RRANTIES OF
EFFECTIVENE SS, COMPL ETENESS,ACCURACY,
ME RCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOS E.
NOTE: Information contained on this m ap is subject to change.
WITH RESPECT TO THIS MAP, NEITHE R THE TOWN OF YARMOUTH
NOR A NY OF ITS EMPLOYE ES, MAK ES ANY W ARR ANTY OF A NY
KIND, EITHER EXPRES SED OR IMPLIED, ARISING BY LAW OR
OTHERWIS E, INCLUDING BUT NOT LIMITED TO W ARRANTIES OF
EFFE CTIVENESS , COMPLETENESS , A CCURACY, MERCHANTABILITY
OR FITNES S FOR A PA RTICULAR P URPOSE.
Designated Site Location
Only one vendor will be permitted at each location except for special occasions approved by
Council’s resolution.
1.
Frost Park - West side of Main Street
2.
Cenotaph Park - East side of Main Street
3.
Between Parade & Collins - East side of Main
4.
Frost Park - East side of Water Street
5.
Harbourfront Place - East side of Water Street
6.
Brown Street Parking Lot - West side of Main Street
7.
Between Forest Street and Cumberland Street - east side of Main Street
8.
Tourist Bureau - East side of Water Street
9.
Water Street - East side near Horton Street
10.
Between Forest Street and Cumberland Street - west side of Main Street
11.
Between Collins & Alma Street - East side of Main (excluding the area directly in front of the
Art Gallery)
12.
Between John Street and Alma Square - east side of Main Street
13.
Between John Street and the eastern prolongation of Brown Street - east side of Main Street.
14.
Between Jenkins Street and Central Street - east side of Water Street