HomeMy WebLinkAboutBy-law 1519/82THE CORPORATION OF THE T05~ OF PICKERING
BY-LAW NO. 1519/82
Being a by-law to regulate markets within
the Town
WHEREAS, pursuant to the provisions of section 210.65 of the Municipal
Act, R.S.O. 1980, c0 302, by-laws may be passed by the councils of
local municipalities for, inter alia, regulating markets located within
the municipality;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
1. In this by-law, the term,
(a)
"market" means a place where two or more vendors congregate
temporarily for the purpose of exposing for sale, offering
for sale or selling goods or services to the public, and
includes a produce market;
(b) "operator" means a person who owns or operates a market, and
"operate" shall have a corresponding meaning;
(c) "produce market" means a market in which the only vendors are
farmers, resident in Ontario, whose only goods are produce
from their own farms;
(d)
"vending area" means that portion of a market set aside for
the exclusive use of the vendors in exposing for sale, offer-
ing for sale, or selling their goods and services to the
public, but does not include that portion of the market used
as public passageways and aisles;
(e)
"vendor" means a person who exposes for sale, offers for sale
or sells goods or services to the public for gain or profit,
except where all of such gain or profit is to be donated to a
bona fide church or other charitable organization.
No person shall establish, maintain, continue or operate a market
unless that market,
(a) is wholly contained within an enclosed building or structure,
or
(b) is a produce market.
No person shall establish, maintain, continue or operate a market
within an enclosed building or structure unless that building or
structure complies with the provisions of,
(a) the Building Code Act, R.S.O. 1980, c. 51, all Regulations
thereunder, and all by-laws enacted pursuant thereto;
(b) the Fire Marshals Act, R.S.O. 1980, c. 166, all Regulations
thereunder, and all by-laws enacted pursuant thereto; and
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(c)
the Planning Act, R.S.O. 1980, c. 379, and Regulations there-
under and all by-laws enacted pursuant thereto.
No person shall establish, maintain, continue or operate a market
on a site unless,
(a) if the site is subject to site plan control, the approved
site plan provides for the market;
(b) the site has a minimum of 5 parking spaces, each being a
minimum of 3 metres wide and 6 metres long, for every 9
square metres of vending area; and
(c)
the building or structure within which the market is located,
or the market itself if it is a produce market,
(i)
occupies less than one-quarter of the area of the lot
on which it is situated;
(ii)
does not obstruct any entrance to, and is at least 3
metres from, any building on the lot on which it is
situated or any lot adjacent thereto; and
(iii)
is at least 3 metres from any fire route designated as
such pursuant to By-Law 851/78 or any successor thereto.
(1) Every operator of a market shall, at least 4 business days
prior to any day on which the market is to be open to the
public, submit three copies of a plan of the market to the
Clerk of the Town of Pickering.
(2) The plan shall show,
(a) the location of the market on the lot;
(b) the nature and construction of the building or structure
in which it is to be located;
(c) the location, size and number of all parking spaces on
the lot;
(d) the exits, entrances and aisleways in the market and in
the building or structure;
(e) the nature and location of all fire prevention, fire
alarm and fire fighting equipment and facilities in the
market and in the building or structure;
(f) the location of all designated fire routes on the lot;
and
(g) the location and dimensions of all proposed vending
areas.
(3) The Fire Chief shall review the plan and make any additions,
deletions, alterations or amendments thereto that may be nec-
essary to ensure compliance with all applicable laws.
(4) The Chief Building Inspector shall review the plan and ensure
that any building or structure in which the market is to be
located complies with all applicable laws.
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(5)
(6)
The Director of Planning shall review the plan and ensure
that the site complies with all applicable laws.
No operator of a market shall open the market to the public
until the plan has been approved by the Fire Chief, the Chief
Building Inspector and the Director of Planning and until the
market has been inspected by the Fire Chief, or his desig-
nate, and certified to be in compliance with the plan approved
by him.
6. Every operator of a market shall:
(a)
mark and maintain on the floor or ground of the market, with
paint or adhesive tape at least 4 cm in width, the outline of
each vending area as shown on the plan approved by the Fire
Chief, in such a manner that the outline shall be readily
visible during the time that the market is open to the pub-
lic;
(b)
provide and maintain appropriate facilities in each vending
area for the posting of Transient Traders Licences at a
height of between 2 metres and 2.5 metres above the floor or
ground of the market;
(c)
provide and maintain within the market at least one waste
receptacle approved by the Fire Chief or his designate for
every five vending areas in the market;
(d)
provide and maintain proper supervision of the market by
ensuring that a person over the age of eighteen years has the
care and control of the market at all times when it is open
to the public or occupied by a vendor or vendors; and
(e)
provide separated toilet facilities for men and women within
the building or structure in which the market is located or
within 50 metres thereof.
7. (1) Every operator of a market shall,
(2)
(a)
maintain a daily list of the full names and addresses of
all vendors in the market each day, which list shall
clearly indicate the vending area assigned to each
vendor;
(b)
keep such list for at least 30 days following the day of
the market to which the list relates; and
(c)
allow any municipal or peace officer to inspect the list
at all reasonable times during the day of the market
and the 30 days following the day of the market.
Every operator of a market shall permit any municipal officer
or employee and any peace officer into the market and the
building or structure in which the market is, or is to be,
located at all reasonable times following submission of the
plan referred to in section 5, above, until the close of the
market.
(1)
No operator of a market shall charge a fee to members of
public for admission to the market or to the building or
structure in which the market is located.
the
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(2)
Subsection (1) shall not be construed so as to prevent an
operator from charging a fee to a vendor for the right to
occupy a vending area.
No person shall operate a market, and no person shall expose for
sale, offer for sale or sell any goods or services in a market,
(a) on more than one day in any calendar week;
(b)
on any day which is a holiday under the Retail Business
Holidays Act, R.S.O. 1980, c. 453, except between the hours
of 10:00 a.m. and 4:00 p.m., local time; or
(c) on any other day, except between the hours of,
(i)
6:00 a.m. and 4:00 p.m., local time, if the market is
solely a produce market, or
(ii)
9:00 a.m. and 4:00 p.m., local time, if the market is
not solely a produce market.
10.
(l>
(2)
(3)
No vendor shall expose for sale, offer for sale or sell any
goods or services in a market unless,
(a) he is the holder of a valid, current Transient Traders
Licence issued by the Town, or
(b)
his name has been entered on the Town's assessment roll
in respect of business assessment for the current year.
Every vendor in a market who is the holder of a valid, cur-
rent Transient Traders Licence issued by the Town shall post
his licence conspicuously in his vending area on the facility
provided for the purpose by the operator of the market.
Every vendor in a market who is not the holder of a valid,
current Transient Traders Licence issued by the Town shall
post his name, business assessment roll number and business
assessment address conspicuously in his vending area on the
facility provided by the operator of the market for the pur-
pose of the posting of Transient Traders Licences.
11.
No vendor in a market shall,
(a) use of have propane or natural gas tanks in
(b) use of have an open flame in the market.
the market; or
12.
No vendor in a market shall,
(a) expose for sale, offer for sale,
vices,
(b) store any goods,
or sell any goods or ser-
(c) display any goods,
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(d) advertise any goods or services, or
(e) conduct any aspect of his business,
in the market, except within the outline of his vending area or
areas as marked by the operator pursuant to section 6(a), above.
13.
Every person who contravenes any provision of this by-law, except
subsections (3), (4) and (5) of section 5, is guilty of an offence,
and upon conviction thereof is liable to a fine of not more than
$2,000.00, exclusive of costs.
14. This By-Law shall come into force on July 1st, 1982.
15.
Each section of this By-Law is enacted, and shall be used and
construed as being, separate and severable from the other sections
of this By-Law.
BY-LAW read a first, second and third time and finally passed this 21st
day of June, 1982.
Mayor
Clerk