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HomeMy WebLinkAboutBy-law 4437/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4437/94 Being a by-law to license, regulate and govern Hawkers and Peddlers. WHEREAS, pursuant to section 234(1) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, by-laws may be passed by the councils of towns having a population of less than 100,000 for licensing, regulating and governing persons who go from place to place or to a particular place with goods, wares or merchandise for sale, or who carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards; and WHEREAS it is deemed expedient by The Corporation of the Town of Picketing to license hawkers and peddlers who sell goods from roadsides and properties adjacent thereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS; 1. DEFINITIONS In this By-law; (a) "Corporation" shall mean the Corporation of the Town of Picketing; (b) "Door-To-Door Salesperson" shall means a person who goes door-to-door within the Town with goods, wares or merchandise for sale or carries or exposes samples, petterns, or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards. (c) "Flea Market" shah mean an area, whether enclosed by a building or not, in which individual stalls are rented to one hundred (100) or more vendors, other than the owner, for the purpose of individually exposing or offering new or used articles, foodstuffs, fruits and vegetables or services for sale. (d) "Hawker/Peddler" shall mean and include any person who goes from place to place or to a particular place with goods, wares or specimens of any goods, wares or merchandise which is to be delivered in the Town aRerwards; (e) "Licence" shall mean a licence issued by the Corporation of the Town of Picketing and shall include a photograph of the licensee embossed thereon. (f) "Person" shall mean an individual and shall include a corporation, partnership or other form of legal entity. (g) "Town" shah mean the Corporation of the Town of Picketing 2. LICENCES REQUIRED No person shall operate or carry on the business ora Hawker or Peddler within the Town without first having obtained a licence therefore from the Town. 3. LICENCE APPLICATION (a) An application for a licence under this by-law shall be made in the form attached hereto as Schedule 'A'. (b) A licence issued under this by-law shall be valid until December 31 in the year it is issued. (c) A licence under this by-law shall not be transferable. FEE The fee for a licence under this by-law shall be $200.00 per year per location plus $50.00 for each day of operation per location to a maximum of $2,000.00. GENERAL 5. The licensee shall at all times while carrying on the business of Hawking and Peddling have the licence issued to him with him and shall upon demand exhibit it to any Municipal Law Enforcement Officer or Peace Officer. 6. No person shall hawk or peddle any goods, wares or merchandise other than what is indicated on his licence. 7. No person shall hawk or peddle any goods, wares or merchandise a't a particular place other than the place indicated on his licence. 8. Any person licensed under this by-law shah comply with all by-laws of the Town. The issuance ofa licence does not give the licensee the right to hawk and peddle in any area where the Zoning By-law or any other By-law does not permit such activity. 9. Any person who does not have a licence indicating a particular place shall hawk or peddle any goods, wares or merchandise at any one location for not more than 15 minutes in any day. 10. ~ais by-law shall not apply to door-to-door salespersons or to vendors in a fica market. 11. This by-law shah not apply to charitable organizations approved by the Town Clerk to sell items for the purpose of raising funds for such charibtable organizations. 12. ENFORCEMENT Any person who contravenes any provision of this by-law is guilty of an offence an upon conviction is liable to a fine or penalty for each offence, exclusive of costs as prescribed by the Provincial Offences Act, R.S.O. 1990. BY-LAW read a first, second and third time and finally passed this 6thday of J~, 1Q94 yor' ' Clerk SCHEDULE 'A' TO BY-LAW NUMBER 4437/94 The Co~oration of the Town of pickering One The Esplanade pickerin~ Ontario LIV 6K7 HAWKER OR PEDDLER APPLICATION FOR LICENCE New Renewal Previous Licence # Surname First Middle Date of Birth Residence Address Postal Code Telephone Name of Business Business Address Postal Coda Telephone Product to be Hawked or Peddled (e.g flags, flowers) Specific locations to be used for hawking and peddling Specific dates to be used for hawking and peddling I solemnly declare that to the best of my knowledge, the above information is true and complete in all respects. Signature Issued By Date Fee Payable to the Town of Picketing ALL LICENCES EXPIRE ON THE 31ST DAY OF DECEMBER Personal information contained on this form is collected under the authori.tv of the 3.tunicipal A ct., R.S.O. Chap. 45. s. 234 and will be used for the purpose of making a determination of the application and maintaining a business record upon acceptance.