Loading...
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 - 2 - (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. - 3 - (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 - 4 - (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, - 5 (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