3. LICENSING BY-LAW - Itinerant Sellers Harmonization

HARMONISATION DU RÈGLEMENT MUNICIPAL SUR LES PERMIS D'ENTREPRISE - vendeurs itinérants

COMMITTEE RECOMMENDATIONS as amended

That Council:

1. Approve amendments to the Licensing By-law No. 2002-189, as amended, to come into effect April 15, 2008, as detailed in Document 1, as follows:

(a) provide for the necessary administrative amendments, including but not limited to new definitions and related license categories, fees and expiry dates, as well as transition provisions;

(b) establish harmonized regulations for the licensing and regulating of Itinerant Sellers; and,

(c) exempt the following rural wards, as determined by the Rural Affairs Office, from the licensing provisions of this schedule at this time: Cumberland Ward 19, Osgoode Ward 20, Rideau – Goulbourn Ward 21, West Carleton-March Ward 5;

2. Repeal the relevant by-laws of the former municipalities related to itinerant vending;

3. WHEREAS the proposed by-law wording in By-Laws – Designated Space Programme – Roadway/Sidewalk Vending - Amendments (ACS2007-CPS-BYL-0053) prescribes that an applicant wishing to participate in the lottery aimed at determining successful qualified candidates for original designated space permits has to be the person vending at the designated space at least 50% of the time; and the proposed by-law in this report requires that licensees of certain on-street and on-sidewalk vending categories to operate the vending operation at least 50% of the time;

AND WHEREAS the intent of the above noted by-law sections were meant to capture only new permit holders and licensees of the relevant classes as they enter the designated space programme;

AND WHEREAS the sections as currently worded would effectively require all designated space permit holders to operate at the vending location at least 50% of the time vending occurs at the space, thereby creating a broader impact than originally intended;

AND WHEREAS this unintended broad impact was not raised during public consultation;

AND WHEREAS the requirements can be brought forward at a later date if deemed appropriate;

THEREFORE BE IT RESOLVED THAT Council delete Section 16 (2) of the proposed Schedule 21 relating to Itinerant Sellers; and,

4. That the relevant portions of Document 1 of the staff report, as indicated below, be amended to:

a) Add to Sections 1(1)(d) and 1(1)(e) of Schedule 21 relating to Itinerant Sellers, immediately after the word “days” in each, the following: “and includes a flower vendor.”

b) Delete Section 2(4)(c) of Schedule 21 relating to Itinerant Sellers

c) Add to Section 16 of Schedule 21 relating to Itinerant Sellers, under General Regulations, the following: “(2) No licensee shall fail to relocate his or her itinerant vending operation if requested to do so by Chief License Inspector or Peace Officer.”

RecommandationS modifiÉEs du comité

Que le Conseil :

1. d'approuver les modifications du Règlement municipal 2002-189 sur les permis d'entreprise, modifié, décrites en détail dans le document 1 et devant entrer en vigueur le 15 avril 2008, qui auront pour effet :

(a) de permettre les modifications administratives nécessaires, y compris mais sans s'y limiter, de nouvelles définitions et les catégories, droits et dates d'expiration s'y rattachant, ainsi que des dispositions de transition;

(b) d'établir un règlement harmonisé pour l'octroi de permis aux vendeurs itinérants et la réglementation de leurs activités;

(c) de suspendre, pour le moment, l'application des dispositions sur l'octroi de permis prévues à l'annexe dans les quartiers ruraux suivants, déterminés par le Bureau des affaires rurales : Cumberland (quartier 19), Osgoode (quartier 20), Rideau-Goulbourn (quartier 21) et West Carleton-March (quartier 5);

2. d'abroger les règlements apparentés des anciennes municipalités ayant trait aux vendeurs itinérants;

3. ATTENDU QUE la formulation proposée du règlement dans Règlements – Programme des places désignées – Marchands ambulants – Modifications (ACS2007-CPS-BYL-0053) prévoit qu’un candidat qui souhaite participer au tirage visant à déterminer les candidats admissibles aux permis de places désignées d’origine doit être responsable des ventes à la place désignée au moins 50 % du temps; et que le règlement proposé dans le présent rapport exige des titulaires de permis de certaines catégories de vente sur rue ou sur trottoir qu’ils soient responsables des ventes au moins 50 % du temps;

ET ATTENDU QUE les articles susmentionnés du règlement visent seulement les nouveaux titulaires de permis des catégories pertinentes lors de leur inscription au Programme de places désignées;

ET ATTENDU QUE les articles comme ils sont formulés en ce moment exigeraient que tous les titulaires de permis de places désignées travaillent sur le site de vente au moins 50 % du temps pendant lequel des ventes sont effectuées, entraînant donc de plus grandes répercussions que ce qu’on avait prévu à l’origine;

ET ATTENDU QUE ces répercussions non prévues n’ont pas été soulevées au cours de la consultation publique;

ET ATTENDU QUE les exigences peuvent être soulevées plus tard si on le juge approprié;

IL EST DONC RÉSOLU QUE le Conseil supprime l’article 16 (2) (vi) de l’annexe 21 proposée sur les vendeurs itinérants; et,

4. Que les parties pertinentes du Document 1 du rapport du personnel, tel qu’indiqué ci-dessous, soient modifiées afin :

a) d’ajouter aux alinéas 1(1)(d) et 1(1)(e) de l’Annexe 21 relative aux vendeurs itinérants, tout de suite après le mot « jours » de chaque alinéa, ce qui suit : « et comprend les vendeurs de fleurs. »;

b) de supprimer l’alinéa 2(4)(c) de l’Annexe 21 relative aux vendeurs itinérants;

c) d’ajouter sous Règlements généraux de l’article 16 de l’Annexe 21 relative aux vendeurs itinérants, ce qui suit : « (2) Aucun détenteur de permis ne refusera de déplacer son commerce itinérant si un inspecteur en chef des permis ou un agent de la paix le lui demande. »

DOCUMENTATION

1. Deputy City Manager, Community and Protective Services report dated 7 November 2007 (ACS2007-CPS-BYL-0051).

2. Extract of Draft Minute, 15 November 2007.

Report to/Rapport au :

Community and Protective Services Committee

Comité des services communautaires et de protection

and Council / et au Conseil

7 November 2007 / le 7 novembre 2007

Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/Directeur municipal adjoint,

Community and Protective Services/Services communautaires et de protection

Contact Person/Personne ressource : Susan Jones, Director/Directrice

By-law and Regulatory Services/Services des règlements municipaux

(613) 580-2424 x25536, susan.jones@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2007-CPS-BYL-0051

SUBJECT:	LICENSING BY-LAW – Itinerant Sellers – Harmonization

OBJET :	HARMONISATION DU RÈGLEMENT MUNICIPAL SUR LES PERMIS D'ENTREPRISE – vendeurs itinérants

REPORT RECOMMENDATIONS

That the Community and Protective Services Committee recommend that Council:

1. Approve amendments to the Licensing By-law No. 2002-189, as amended, to come into effect April 15, 2008, as detailed in Document 1, as follows:

(a) provide for the necessary administrative amendments, including but not limited to new definitions and related license categories, fees and expiry dates, as well as transition provisions;

(b) establish harmonized regulations for the licensing and regulating of Itinerant Sellers; and,

(c) exempt the following rural wards, as determined by the Rural Affairs Office, from the licensing provisions of this Schedule at this time: Cumberland Ward 19, Osgoode Ward 20, Rideau – Goulbourn Ward 21, West Carleton-March Ward 5.

2. Repeal the relevant by-laws of the former municipalities related to itinerant vending.

RECOMMANDATIONS DU RAPPORT

Que le Comité des services communautaires et de protection recommande au Conseil :

(a) de permettre les modifications administratives nécessaires, y compris mais sans s'y limiter, de nouvelles définitions et les catégories, droits et dates d'expiration s'y rattachant, ainsi que des dispositions de transition;

(b) d'établir un règlement harmonisé pour l'octroi de permis aux vendeurs itinérants et la réglementation de leurs activités;

(c) de suspendre, pour le moment, l'application des dispositions sur l'octroi de permis prévues à l'annexe dans les quartiers ruraux suivants, déterminés par le Bureau des affaires rurales : Cumberland (quartier 19), Osgoode (quartier 20), Rideau-Goulbourn (quartier 21) et West Carleton-March (quartier 5);

2. d'abroger les règlements apparentés des anciennes municipalités ayant trait aux vendeurs itinérants.

EXECUTIVE SUMMARY

The City has inherited twenty-four (24) Itinerant Sellers regulations and similar vending related licensing categories from certain of the former municipalities. Staff recommends that the proposed harmonized by-law Schedule and license fees be enacted in order to streamline the regulations and to facilitate administration and enforcement as well as to simplify the process for licensees. The proposed regulations reflect the intent of those currently in place in certain of the former municipalities.

In summary, the proposed by-law Schedule:

· Requires that a business license be obtained to sell goods from place to place, from a particular place and at special events;

· Provides Itinerant Sellers with access to the whole of the City for vending;

· Establishes locations from which, and times during which the vending activity may occur;

· Regulates equipment and vehicle standards for safety and suitability;

· Requires Commercial General Liability insurance coverage;

· Requires that the licensee maintain the vending area in a safe and clean condition;

· Establishes harmonized license fees;

· Exempts listed fairs, festivals and farmers markets.

Recognizing the rural identity, itinerant vending in the rural areas will be addressed in a separate report to Council in 2008. In the meantime, the regulations related to itinerant vending in effect in the rural areas pre-amalgamation will be maintained and enforced until they are replaced.

Advertisements notifying of the Community and Protective Services Committee meeting at which the report would be considered appeared in the Citizen, the Sun and Le Droit. In addition, meetings with stakeholders, such as the current licensees, the Business Improvement Areas and the Business Advisory Committee were undertaken. Comments from those groups were considered during the development of the report.

There are no significant impacts on revenue associated with the recommendations.

RÉSUMÉ

À la suite du regroupement municipal, la Ville d'Ottawa s'est retrouvée avec 24 règlements sur les vendeurs itinérants et catégories de permis portant sur les activités de vente similaires qui avaient été adoptés par les anciennes municipalités. Le personnel recommande que l'annexe réglementaire et les droits de permis harmonisés qui sont proposés soient adoptés afin de rationaliser la réglementation, d'en faciliter l'administration et l'application et de simplifier le processus auquel sont soumis les détenteurs de permis. Le règlement proposé reflète la visée de ceux encore en vigueur dans certaines des anciennes municipalités.

En résumé, l'annexe réglementaire proposée aura pour effet :

· d'imposer l'obligation d'obtenir un permis d'entreprise pour vendre des biens en passant d'un lieu à l'autre, à un endroit particulier et lors d'événements spéciaux;

· de permettre aux vendeurs itinérants d'exercer leur activité sur l'ensemble du territoire de la ville;

· de fixer les lieux et les heures pour les activités de vente;

· d'établir les normes de sécurité et de fonctionnalité pour l'équipement et les véhicules;

· d'exiger que les vendeurs souscrivent à une assurance commerciale de responsabilité civile;

· d'exiger que le détenteur de permis assure la sécurité et la propreté du lieu de vente;

· d'harmoniser les droits de permis;

· d'exempter les foires, festivals et marchés d'agriculteurs désignés.

Étant donné les caractéristiques propres au milieu rural, l'activité des vendeurs itinérants dans les secteurs ruraux fera l'objet d'un rapport distinct au Conseil en 2008. Entre-temps la réglementation visant les vendeurs itinérants qui était en vigueur dans les secteurs ruraux avant le regroupement municipal sera maintenue et appliquée.

La réunion au cours de laquelle le présent rapport serait examiné par le Comité des services communautaires et de protection a été annoncée dans le Citizen, le Sun et Le Droit. De plus, des rencontres ont eu lieu avec les parties concernées, notamment les actuels détenteurs de permis, les zones d'amélioration commerciale et les comités consultatifs de gens d'affaires. Les commentaires formulés par ces groupes ont été pris en considération dans la rédaction du présent rapport.

La recommandations ne comporte aucune incidence sensible sur les recettes.

BACKGROUND

Section 150 of the Municipal Act grants municipalities the authority to license, regulate and govern any business wholly or partly carried on within the municipality, even if the business is carried on from outside of the municipality. Licensing by-laws serve to protect health and safety, provide nuisance control and protect consumers.

Businesses that may be licensed, regulated and governed include:

(a) trades and occupations;

(b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise;

(c) the sale and hire of goods or services on an intermittent or one-time basis and the activities of the transient trader;

(d) the display of samples, patterns or specimens of goods for the purpose of sale or hire.

The City has inherited twenty-four (24) Itinerant Sellers regulations and similar vending related licensing categories from certain of the former municipalities, all with varying requirements and fees. The current by-laws respecting itinerant vending regulate four primary areas of the “itinerant vending” activity: the individual, the vehicle or stand, the location and retail exhibition – which are further categorized, defined and regulated. Generally, license fees are established based on the license period (i.e. annual, special event) and various aspects related to the location from which sales occur (i.e. stand, from a person). Vending for charitable reasons usually benefit from some type of exemption, either from the licensee fees or the regulations, or both.

Itinerant Seller or Salesperson license Schedules are currently in effect in former Cumberland, Gloucester, Kanata, Nepean, Ottawa and Vanier. Certain of the rural municipalities enacted itinerant vending type regulations. Recognizing the rural identity however, the harmonization of those regulations will be addressed in a separate report to Council in 2008. In the meantime, the regulations related to itinerant vending in effect in the rural areas pre-amalgamation will be maintained and enforced until they are replaced.

DISCUSSION

Staff recommends that the proposed harmonized by-law Schedule and license fees, attached as Document 1, be enacted in order to streamline the regulations and to facilitate administration and enforcement as well as to simplify the process for licensees. The proposed regulations reflect the intent of those currently in place in certain of the former municipalities and will apply to all Itinerant Sellers in the urban/suburban areas of the City. The proposed regulations represent consistent and fair rules across the City and serve to protect public health and safety, control nuisance and protect consumers.

Recommendation 1(a) – Definitions, Categories, Fees, Expiry Dates

The addition to Licensing By-law 2002-189 of certain definitions, as outlined in Document 1, is necessary to give effect to the proposed harmonized regulations. The definition for Itinerant Seller, added as part of a previous harmonization initiative, exists in Licensing By-law 2002-189 as follows: a person who goes from place to place or to a particular place with goods for sale by retail, or who carries and displays samples, patterns or specimens of any goods for the purpose of sale or hire that are delivered in the City afterwards but does not include a person who sells to wholesale or retail dealers in similar goods.

The proposed license categories and classes, which are outlined in the table below and detailed in Document 1, provide for a variety of license periods, including one-time special events, monthly and yearly. Currently, under the regulations of certain of the former municipalities, licensees are required to obtain a license for each special event given that the by-laws do not provide for other license options. As a result, frequent visits to the licensing counter and significant administrative activity are required, at additional cost to all involved. The proposed categories address this issue in that additional licensing options are provided, which will better serve licensees. Under the proposed by-law Schedule, an annual license is valid for a particular location and for special events.

The fee for each class of Itinerant Seller aims to recover the costs associated with administration, inspection and enforcement, and is an approximate average of the fees charged under the current by-laws. Although the proposed fees represent an increase for some licensees, that increase will be offset by the fact that they will have access to vending opportunities in the whole City of Ottawa under one license.

Description of License (Category)	*License Fee$	Expiry Date
Itinerant Seller
License “A” Annual	$400.00	May 14^th
License “B” Six Months	$250.00	November 14^th or May 14^th
License “C” Monthly	$225.00	The 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	$200.00	The termination of the event
License “E” Special event per day (1-4 Days)	$130.00	The termination of the event
License “F” Sidewalk Annual	$400.00	May 14^th
License “G” Sidewalk Six-Months	$250.00	November 14^th or May 14^th
License “H” Sidewalk Monthly	$225.00	The 15^th of one month to the 14^th of the following month
License “I” Canada Day	$130.00	July 1^st

*The standard $50.00 processing fee will continue to apply.

Staff proposes that the proposed by-law be enacted one month in advance of the May 14^th expiry date to accommodate the renewal process.

Recommendation 1(b) – Regulations

Currently and in the proposed by-law, Itinerant Sellers are permitted to vend goods and merchandise either from their person, from a hand-powered vehicle, a pedal-powered vehicle, a motor vehicle or a stand. Many of the Itinerant Seller licenses issued currently are for special events to vendors who typically operate from a stand as opposed to a vehicle. A license is also required for each seller at each event and for each location.

Conditions for Issuance of a License

The conditions for issuance of an Itinerant Sellers license in the proposed by-law Schedule are similar to those currently in place, including the requirement for applicants to be at least eighteen years of age, to file proof of commercial general liability insurance, to comply with applicable Zoning By-law requirements, and to provide written authorization from the property owner or occupant where an applicant proposes to vend on private property. If an applicant proposes to vend from a vehicle, it must be inspected to ensure that it complies with all standards and dimensions. Further, an applicant who proposes to vend at a special event, must provide details about the special event, including its location, duration, and the contact information for the event organizer. The proposed by-law (Document 1) outlines the conditions in greater detail.

Location Restrictions and Hours of Operation

A vendor’s equipment has the potential to block visibility for pedestrians and motorists, and create an unsafe situation. Minimum distance regulations, as outlined below, are therefore proposed to ensure public safety; that is, no itinerant vendor is permitted to locate or operate:

· within 46 metres of a place of business selling the same or similar products;

· in a residential zone as specified by the Zoning By-law;

· within 9 metres of an intersection;

· within 10 metres of a bus stop;

· within 20 metres of a vendor who holds an encroachment permit or a designated space permit;

· within 3 metres of another vendor;

· within 6 metres of a pedestrian mall or promenade;

· within 91 metres of the public markets.

Itinerant Sellers who vend door to door must restrict their sales to the hours between 9:00 a.m. and 9:00 p.m., Monday to Saturday. Sellers who vend on the sidewalks must restrict their sales to the hours between 6:00 a.m. and 11:00 p.m., daily. These time restrictions do not apply on Canada Day and vendors may operate until midnight on July 1st. The foregoing is unchanged from the current regulations.

Vehicle and Equipment Standards

Under the proposed by-law Schedule, all vehicles or carts are required to be purpose-built of a suitable design and to be safe and stable, with or without goods contained in the vehicle or cart. Licensees are required to keep their vehicles in a clean and sanitary condition, and in good repair at all times.

Insurance

Commercial General Liability Insurance in the amount of no less than $1 million will be required for all Itinerant Sellers. Due to the mobile nature of the Itinerant Seller businesses, $1 million is deemed appropriate coverage to ensure public safety. On the advice of Legal Services, an indemnification clause is also proposed for this Schedule.

Exemptions

Staff proposes to exempt a number of sales events that would otherwise be captured by the definition of “Itinerant Seller”, as follows:

· farmers’ markets and events that are sponsored by and benefit farmers’ markets;

· public markets managed by the City;

· agricultural fairs and events that are sponsored by and benefit agricultural fairs;

· the Central Canada Exhibition;

· fundraisers for charitable and not-for-profit organizations that operate solely for cultural or religious goals, civic improvement, recreation, amateur sport or similar community enhancement initiatives provided that any profits that are generated are applied to the not-for-profit or charitable organization represented for the furtherance of its objectives;

· events that take place indoors at a shopping mall;

· original arts and crafts creations by Canadian artists;

· a tenant or community association that holds a sale of personal household effects, for no more than two days at a time and no more than twice a year;

· a person who sells official programs for special outdoor events, in the vicinity of the event, for the period of one (1) hour prior to the activity, during the activity and one (1) hour after the activity.

The by-law is not intended to hinder those who are raising money for the purpose of community betterment or charitable purposes. Further, other exemptions are provided given that the event has been found to have little or no associated health or safety concerns, no history of related requests for service regarding nuisance, and no evidence that they have caused “consumer protection” concerns.

Sidewalk Vendors

Sidewalk vending is permitted only within the boundaries of the former City of Ottawa under the Designated Space Programme By-law. There are additional regulations that have been explicitly established for these vendors, such as specific hours of operation and vehicle dimensions. All vehicles that operate on the sidewalk must be hand-powered and capable of immediate mobility, and must not occupy a space larger than 3 metres in length by 1 metre in width, by 2.5 metres in height. Any new vendors who are issued a sidewalk space after January 1, 2008 will be required to operate from that space at least 50% of the time. Additional issues related to designated spaces will be addressed in a separate report regarding the Designated Space Programme By-law (ACS2007-CPS-BYL-0053) going forward to Committee and Council concurrently with this report.

Recommendation 1(c) – Exemption of Rural Areas

Recognizing the differences between vending operations serving the urban/suburban and those serving the rural areas (i.e. Cumberland Ward 19, Osgoode Ward 20, Rideau-Goulbourn Ward 21, West Carleton-March Ward 5), vending in the rural areas will be addressed in a separate report to Council in 2008. In the meantime, vending operations in the rural areas will be exempt from the new harmonized regulations. The regulations related to itinerant vending in effect in the rural areas pre-amalgamation will be maintained and enforced until they are replaced.

Recommendation 2 – Repeals

The proposed by-law and Schedule will apply only to the urban and suburban areas of the City, which are zoned accordingly. On that basis, the existing by-laws that apply to those areas must be repealed. The existing rural by-laws will be maintained until such time as they are replaced.

RURAL IMPLICATIONS

There are no rural implications associated with the recommendations. Recognizing the rural identity, itinerant vending in the rural areas will be addressed in a separate report to Council in 2008. In the meantime, the regulations related to itinerant vending in effect in the rural areas pre-amalgamation will be maintained and enforced until they are replaced.

CONSULTATION

An advertisement, notifying the public of the Committee meeting at which the recommendations would be considered and inviting comment, appeared in the Ottawa Citizen, The Sun and Le Droit on October 19 and October 26. No comments from the general public were received.

Further, a notice was sent to all currently licensed itinerant vendors advising them of potential amendments to the existing regulations and inviting them to a meeting in September 2007 to discuss and comment on those amendments. Two vendors attended and were in agreement with the proposals. The low attendance would perhaps suggest that there were no concerns emanating from the licensees.

The Business Improvement Areas were made aware of the proposals and had no comments.

The Chair of the Business Advisory Committee (BAC) was, in October 2007, made aware of the proposals generally and had no comment. The BAC as a whole will be consulted at its November 2007 meeting and any comments will be brought forward to Committee on November 15.

FINANCIAL IMPLICATIONS

The increased fees for itinerant sellers, along with new license fees for refreshment stands, will be offset by the reduction in license fees for mobile canteens/carts and vehicles. As such, there are no financial implications on the By-law & Regulatory Services Operating Budget should Council approve the recommendations.

CITY STRATEGIC DIRECTIONS

The recommendations have no direct impact on the City Strategic Directions.

SUPPORTING DOCUMENTATION

Document 1 – Draft Amending By-law and Schedule 21 Relating to Itinerant Sellers

DISPOSITION

Legal Services Branch, in consultation with the By-law and Regulatory Services Branch, to process the by-law to Council for enactment

By-law and Regulatory Services Branch to provide for any necessary notification

Document 1

BY-LAW NO. 2007-

1. Section 1 of By-law 2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding the following definitions thereto:

“boulevard” means all the parts of the highway save and except any roadway, shoulder or sidewalk,

“designated space” means a space established by the Designated Space Programme By-law,

“hand-powered vehicle" means a vehicle that is propelled by muscular power,

“highway" includes the entire right‑of‑way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, designed and intended for, or used by, the general public for the passage of pedestrians and vehicles,

“intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two (2) or more streets which join one another at an angle, whether or not one (1) street crosses the other,

“merchandise” means commodities, goods and wares offered for sale,

“not-for-profit” for the purposes of this by-law means a non‑profit organization including a club, society or association that is organized and operated exclusively for social welfare, civic improvement, recreation or any other purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person,

“pedal powered vehicle” means a vehicle that is fitted with pedals that are operable at all times to propel the vehicle, and is propelled by muscular power,

“sidewalk" includes all such parts of a highway as are set aside by the City for the use of pedestrians or used by the general public for the passage of pedestrians, and includes the boulevard and a pedestrian walkway,

“special event” means an event that is held outdoors or indoors or both, that is held on private or public property, that has a general theme or subject, that is open to the public by any means, and that has a set duration and may include a demonstration, parade, sports event, festival, carnival, donation station, street dance, residential block party, community event, sidewalk sale and other similar events,

“stand” means a stand, table, booth, trailer, tent and kiosk,

"street" means that part of the highway that is improved, designed or ordinarily used for vehicular traffic,

“vend” or “vends” or “vending” includes the offer to sell, the display for sale and the sale,

2. Section 9 of said By-law 2002-189 is amended by adding the following subsection thereto: “(22) Every Itinerant Seller”

3. Schedule “A” of the said By-law No. 2002-189 is amended by adding the following items thereto:

Column 1 Description of License	Column 2 License Fee$	Column 3 Expiry Date
Itinerant Seller
License “A” Annual	$400.00	May 14^th
License “B” Six-Months	$250.00	November 14^th or May 14^th
License “C” Monthly	$225.00	The 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	$200.00	The termination of the event
License “E” Special event per day (1-4 Days)	$130.00	The termination of the event
License “F” Sidewalk Annual	$400.00	May 14^th
License “G” Sidewalk Six-Months	$250.00	November 14^th or May 14^th
License “H” Sidewalk Monthly	$225.00	The 15^th of one month to the 14^th of the following month
License “I” Canada Day	130.00	July 1^st

4. The said by-law 2002-189 is amended by adding thereto Schedule No. 21 relating to itinerant sellers attached hereto.

Schedule No. 21

Relating to Itinerant Sellers

LICENSES REQUIRED

1. (1) The following licenses may be issued to an itinerant seller pursuant to this schedule:

(a) a License “A,” an annual license to a person operating as an itinerant seller on private property or at special events from May 15^th to May 14^th of the following year.

(b) a License “B,” a six-month license to a person operating as an itinerant seller on private property or at special events from May 15^th to November 14^th of the same year or November 15^th to May 14^th of the following year.

(c) a License “C,” a monthly license to a person operating as an itinerant seller on private property or at special events from the fifteenth (15^th) of one month until the fourteenth (14^th) of the following month.

(d) a License “D,” a special event license to a person operating as an itinerant seller at a special event for one(1) to twenty-one (21) consecutive days.

(e) a License “E,” a special event license to a person operating as an itinerant seller at a special event for one(1) to four (4) consecutive days.

(f) a License “F,” sidewalk annual license to a person operating as an itinerant seller pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events from May 15^th to May 14^th of the following year.

(g) a License “G,” a sidewalk six-month license to a person operating as an itinerant seller pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events from May 15^th to November 14^th or from November 15^th to May 14^th of the following year.

(h) a License “H,” a sidewalk monthly license to a person operating as an itinerant seller pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events from the 15^th of one month until the 14^th of the following month.

(i) a License “I, “ a Canada Day license to a person operating as an itinerant seller and also selling bottled and canned beverages on Canada Day (July 1^st) within the removal zone as indicated in the Designated Space Programme By-law.

(2) Every person or business operating under an itinerant seller’s license shall obtain a separate license for each person who is selling.

(3) No “F”, “G” or “H” class license shall be issued to applicants who do not have a designated space permit issued pursuant to the Designated Space Programme By-law.

(4) Every itinerant seller shall require a Canada Day license as to operate within the removal zone as identified in the Designated Space Programme.

(5) Every itinerant seller may vend from his or her person, from a hand-powered vehicle, a motor vehicle or in the case of a special event a stand as well.

EXEMPTIONS

2. (1) Subsection 1 (2) does not apply to:

(a) farmers’ markets and events that are sponsored by and benefit farmers’ markets;

(b) public markets managed by the City;

(b) agricultural fairs and events that are sponsored by and benefit agricultural fairs;

(d) fundraisers for charitable and not-for-profit organizations that operate solely for cultural or religious goals, civic improvement, recreation, amateur sport or similar community enhancement initiatives provided that any profits that are generated are applied to the not-for profit or charitable organization represented for the furtherance of its objectives;.

(e) an event that takes place indoors at a shopping mall;

(g) original arts and crafts creations by Canadian artists;

(h) an event raising funds for a charitable organization provided that the organization has a Revenue Canada number and the profits are applied to the not-for-profit or charitable organization represented;

(2) No holder of a Class “A”, “B”, “C”, “F”, “G” or “H” license issued under this Schedule shall be permitted to sell at a special event unless the licensee:

(a) has notified the Chief License Inspector in writing of:

(i) his or her intention to vend at the special event;

(ii) the description of the special event including its location, duration and hours of operation; and

(iii) the name and phone number of the promoter;

(b) has written proof that they are permitted to operate at the special event,

(c) if applicable, he or she operates from a hand-powered or pedal-powered vehicle or motor vehicle, or stand identified under his or her license;

(d) has obtained a license that is valid at the time of and for the duration of the special event.

(3) The provisions of this by‑law do not apply to a person who sells to wholesale or retail dealers in similar goods, wares or merchandise.

(4) Despite any of the provisions of this by‑law, an itinerant seller's license or related fee shall not be required by:

(a) a tenant association or community association that holds a sale of personal household effects where

(i) the personal household effects are owned by persons who are members of the association,

(ii) the sale is for a period no longer than two (2) days, and

(iii) no more than two (2) sales are held by that association in a single calendar year,

(b) an itinerant seller who vends at an exhibition for which the promoter or organizer of such exhibition has obtained a License under this by‑law,

(c) an itinerant seller who vends at an event for which the promoter does not qualify for an exemption because he or she has fewer than 5 vendors, but meets all of the other requirements for an exemption,

(d) a vendor of items that are being sold for charitable purposes and community betterment,

(5) The provisions of this by‑law do not apply to a person who sells official programs for special outdoor events, in the vicinity of the events, for the period of one (1) hour prior to the event, , during the event and one (1) hour after the activity, and this event is not to be construed as itinerant vending.

(6) Despite subsection 1 every itinerant seller must comply with all municipal, provincial and federal acts, regulations and by-laws.

(7) The provisions of this schedule do not apply in the rural wards:

(a) Ward 5 - West Carleton March

(b) Ward 19 – Cumberland

(d) Ward 21 – Rideau – Goulbourn

CONDITIONS FOR ISSUANCE

3. (1) No applicant for an itinerant seller’s license shall be issued a license unless the applicant:

(a) is at least eighteen (18) years of age,

(b) where applicable, is the holder of a current motor vehicle permit issued pursuant to the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended, for the motor vehicle being used for the business,

(d) in the case of an applicant who proposes to vend at a special event , has furnished details as to the special event including its location and duration and has met complied with the provisions of this by-law, ,

(e) in the case of an applicant who proposes to hold a special event, has furnished details as to the special event and has complied with the provisions of this by-law,

(f) has complied with the standards and dimensions prescribed for the hand-powered vehicle or pedal-powered vehicle to be used by the applicant for vending,

(g) has presented the hand-powered vehicle, pedal-powered vehicle, motor vehicle or stand, as applicable, for inspection by the Chief License Inspector and received approval in writing.

(2) The location from which the applicant proposes to vend as an itinerant seller complies with the applicable zoning by-law and will not contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation.

(3) The Chief License Inspector is authorized to require that each hand-powered vehicle, pedal-powered vehicle motor vehicle or stand to be used by the licensee for vending under a license be submitted for inspection prior to the issuance of the license.

(4) The Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of these requirements do not apply to the licensee’s business.

CONDITIONS FOR RENEWAL OF LICENSE

4. (1) The licensee shall ensure that prior to the expiration of the license, his or her ~~cart~~ ~~[do you mean:~~ hand-powered vehicle, or pedal-powered vehicle or motor orvehicle or stand and vending equipment, as the case may be, is submitted for inspection, by the Chief License Inspector as if the applicant was filing an original application.

(2) The licensee must also comply with the applicable requirements of Section 3.

REFUSAL OF LICENSE

5. In addition to Section 21 of By-law 2002-189, the Chief License Inspector may refuse to issue or renew an itinerant seller license if,

(a) an inspection or inspections reveal that the site conditions are deemed unsuitable for the business;

(b) an inspection or inspections reveal that the cart or equipment used for vending does not meet the regulations of this licensing schedule; or

(c) the location from which the applicant proposes to operate does not comply with the applicable zoning by-law and will contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation.

ISSUANCE OF LICENSE

6. (1) The Chief License Inspector shall, upon issuing any license, furnish to the licensee who has a hand-powered vehicle, a pedal-powered vehicle or motor vehicle, one (1) plate [and]or decal bearing an identifying number, the category for which the license was issued, the words "Itinerant Seller" and "Ottawa", and a serial number to be encoded on the hand-powered vehicle or other vehicle if the vehicle does not have one.

(2) Despite ~~ection~~subsection 6 (1), the Chief License Inspector shall not furnish a plate or decal if the vendor is carrying the articles on his or her person or the vendor is not selling from a vehicle, in such a case the license certificate shall be displayed.

(3) Despite ~~ection~~subsection 6 (1), the Chief License Inspector shall not furnish a plate for a Canada Day license.

(4) Every licensee using a hand-powered vehicle, a pedal-powered vehicle or a motor vehicle shall ensure that the decal furnished pursuant to subsection 6(1) is properly affixed to the upper right corner of the plate, and that the plate is attached by bolts to the right rear of the vehicle for which it has been issued so as to be clearly visible to the public during the currency of the license.

(5) Every licensee shall ensure that the license issued by the Chief License Inspector is posted on or in the vehicle and visible to the public.

(6) Every licensee who vends under the authority of a license shall ensure that he or she has the license in his or her possession.

(7) Every person who vends under the authority of a license shall ensure that the license corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 6 (1).

(8) Every licensee shall produce the license for inspection when so requested by a By-law Officer or Peace Officer.

APPROVALS REQUIRED TO VEND FROM A PARTICULAR LOCATION

7. (1) The issuance of a license to operate as an itinerant seller does not constitute the granting of authority to vend on any of the highways in the City.

(2) The issuance of a license to operate as an itinerant seller within the City does not constitute the granting of authority to vend on private property.

(3) No person shall vend on private property without the written consent of the owner or occupant of such property.

(4) No person shall vend on private property of the City without first obtaining the written permission from the City to do so.

(5) The onus of obtaining the necessary approval to vend from a particular location on private property from the owner of such property is solely on the licensee.

(6) Every person who vends on private property with the consent of the owner or occupant of such property shall:

(a)ensure that he or she has the consent in his or her possession, and that the consent includes the name and telephone number of the property owner, the duration of the permission and other conditions if applicable and,

(b) when so requested by the Chief License Inspector, or a Peace Officer, produce the consent for inspection.

(7) Licensed itinerant sellers who are participating in a special event on a highway that is carried on under the authority of a permit issued pursuant to By-law No. 2001-260, being a by-law to regulate special events on City streets, as amended, may vend within the special event area.

(8) No person shall vend on the street or sidewalk without a valid permit, or authorization, to do so issued pursuant to the Designated Spaces Programme By-law.

(9) No person shall vend on the Sparks Street Mall without first obtaining the written consent of the Sparks Street Mall Management Board and a license under this Schedule.

(10) No person shall locate or operate as an itinerant seller:

(a) within forty-six (46) meters of a place of business selling the same or similar products,

(b) in a residential zone as specified by the applicable Zoning by-law,

(d) within ten (10) metres of a bus stop,

(e) within twenty (20) of a vendor who holds an encroachment permit pursuant to By-law 2003-446, as amended, or a designated space permit pursuant to the Designated Space Programme By-law,

(f) within three (3) metres of another vendor,

(g) within six (6) metres of a pedestrian mall or promenade, or

(h) within (91) metres of the public markets.

(11) The location regulations in this Schedule shall not apply to any vending location established pursuant to the Designated Space Programme By-law.

(12) ~~Section~~Subsections 6 (10) (b), (e), and (f) do not apply to vendors participating in a special event held pursuant to the By- law No. 2001-260.

(13) Every person who vends shall ensure that:

(a) he or she does not vend within forty-six (46) metres of premises known municipally as,

(i) 240 Sparks Street Mall, 240 and 250 Sparks Street and 235 Queen Street,

(ii) L'Esplanade Laurier, 300 Laurier Avenue West, West Tower, 171-181 Bank Street, L'Esplanade Laurier Shopping Mall and 136-140 O'Connor Street, East Tower, and

(iii) Place Bell Mall, 160 Elgin Street.

INSURANCE

8. (1) Every person who operates as an Itinerant Seller shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $1,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and including damage occasioned by any accident arising out of the operation of the vehicle for which a license has been applied for or obtained.

(2) Such insurance shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder. Such insurance policy shall contain an endorsement to provide the City of Ottawa with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a license.

INDEMNIFICATION

9. The licensee shall indemnify and save harmless the City of Ottawa from and against any and all claims, demands, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the licensee of his or her obligations under the license whether with or without negligence on the part of ~~applicant~~the licensee, the licensee’s employees, directors, contractors and agents.

LICENSE TRANSFERS

10. (1) No license issued pursuant to this Schedule shall be transferred from person to person in any manner, including leasing agreement and assignment.

(2) No person shall transfer a license issued pursuant to this Schedule in any manner, including leasing agreement or assignment.

(3) Despite subsections 10 (1) and (2), a license “F” or “G” may be transferable to a parent, spouse, brother, sister, son or daughter of the original permit holder for a designated space provided that the permit has been transferred to said person pursuant to the Designated Space Programme By-law.

LOCATION TRANSFERS

11. Despite Section 10, location transfers may be permitted with the approval of the Chief License Inspector.

VEHICLE AND EQUIPMENT STANDARDS

12. (1) Every hand-powered or pedal-powered vehicle shall be purpose built and suitably designed for the licensed business and shall not include a table with castors.

(2) No person who vends shall use,

(a) a gasoline-powered generator,

(b) a propane-powered generator,

(d) a natural gas-powered generator,

in conjunction with the vending activity.

(3) Every licensee shall keep his or her hand‑powered vehicle, pedal‑powered vehicle or motor vehicle or stand at all times in a clean and sanitary condition and in a state of good repair and appearance.

(4) Every licensee shall use a hand-powered vehicle, pedal-powered~~cart~~ vehicle, or motor vehicle that is capable of immediate relocation by the user.;

(5) Every licensee shall have attached to or painted on both sides of the exterior body of every licensed motor vehicle, hand –powered or pedal-powered vehicles in a clearly visible position, a sign showing his or her trade name and business address legibly printed in letters and figures not less than seven (7) centimetres in height.

(6) No person shall use a hand‑powered vehicle, pedal‑powered vehicle or motor vehicle for vending that is not,

(a) structured so as to be safe and stable with or without goods, wares or merchandise therein, or

(b) capable of easy relocation by the user.

HAND‑POWERED VEHICLE STANDARDS

13. (1) Every hand-powered vehicle shall,

(a) have,

(i) at least two (2) wheels,

(ii) two (2) handles or a push-bar, and

(iii) a body that is not higher than one point two (1.2) metres as measured from the ground to the top of the body,

(b) be mobile so that it may be pulled or pushed by hand by the person who is vending, and

(2) The hand-powered vehicle may have a canopy so long as the canopy conforms to the provisions of subsection (3) or (4), whichever is applicable.

(3) The canopy may extend beyond the dimensions of the hand-powered vehicle prescribed by Section 27 13 provided that:

(a) the extension of the canopy is at the height of not less than two point two (2.20) metres measured from the ground,

(b) the extension of the canopy does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side, and

(4) Despite subsection (3), where the canopy is an umbrella it may extend beyond the dimensions of the hand-powered vehicle prescribed by Section 9 provided that:

(a) the diameter of the umbrella does not exceed two point three (2.3) metres,

(b) the outside perimeter of the umbrella does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side,

(c) the extension of the umbrella is at the height of not less than one point nine eight (1.98) metres measured from the ground, and

(d) the umbrella is securely attached to the hand-powered vehicle.

(5) A table with castors shall not constitute a hand‑powered vehicle.

(6) The maximum height of the display on or in the hand‑powered vehicle shall not exceed a height of one point four (1.4) metres as measured from the ground to the top of the display.

(7) No person shall vend with or from a hand‑powered vehicle that does not comply with the provisions of this section

DIMENSIONS OF HAND-POWERED VEHICLES

14. (1) No licensee shall use a hand‑powered vehicle that exceeds the dimensions of three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.

(2) The provisions of Section 13 do not apply to prevent a person from using a hand‑powered vehicle for vending on private property so long as it is on private property and approved by the Chief Licensing Inspector.

DIMENSIONS OF PEDAL-POWERED VEHICLES

15. (1) No licensee shall use a pedal‑powered vehicle that exceeds the dimensions of three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.

~~No person shall use a hand‑powered vehicle or pedal‑powered vehicle for vending that is not,~~

~~(a) structured so as to be safe and stable with or without goods, wares or merchandise therein, or~~

~~(b) capable of easy relocation by the user.~~

GENERAL REGULATIONS

16. (1) No licensee and a person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or ~~the Chief of Police~~or a Peace Officer:

(a) a copy of the valid itinerant seller license;

(b) a copy of the permission from the promoter of the event including the name and telephone number of the promoter, indicating that the licensee is authorized to vend during the special event; and

(c) a copy of the permission of the owner of the property including the name and telephone number of the property owner, indicating that the licensee is authorized to vend on the property and any conditions related to the permission if any;.

(2) No licensee of a class “F”, “G” or “H” license issued after January 1, 2008 shall operate for less than fifty percent (50%) of the time that vending occurs at the designated space.

(3) No licensee shall fail to submit the hand-powered vehicle, or pedal-powered vehicle, or motor vehicle ~~cart~~ for inspection if requested to do so by a By-law Officer or a Peace Officer.

(4) Every person who vends under the authority of a license shall ensure that he or she has the license in his or her possession.

(5) Every person who vends under the authority of a license shall ensure that the license corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 5.

(6) A person who operates a business, whether a single enterprise, partnership or corporation, shall obtain a license for each individual who vends merchandise or produce for that business.

(7) The license issued under subsection (12) may be in the name of the business or the individual who is doing the actual vending to the public.

(8) In any prosecution, the onus of proof that he or she does not require a license shall be upon the person so prosecuted.

(9) Every licensee shall take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.

(10) Every licensee participating in an event that takes place on private property or public property must provide the Chief License Inspector with a letter from the promoter of the event or the property owner of the location of the event stating that the licensee has permission to vend at the event.

(11) No person who vends on the sidewalk, street or private property shall place any article around the hand‑powered vehicle.

(12) No licensee may change their ~~vending [?]~~ location during the currency of the license without prior approval from the Chief License Inspector.

(13) Every licensee shall ensure that:

(a) he or she conforms, where applicable, in all respects with,

(i) the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended,

(ii) By‑law Number 2003-503 entitled being a by‑law of City of Ottawa regulating traffic and parking on highways, as amended, or any Act or by‑law enacted in substitution therefore, and,

(iii) he or she does not interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the sidewalks or streets in the City.

(14) Despite any other provision of this by‑law, when a person who operates a business has a license issued in the name of the business he or she shall ensure that the person who vends under the authority of the license has possession of the license during the vending activity.

(15) Despite any other provision of this by‑law, every person who vends merchandise for a person who operates a business shall produce the license for inspection if requested by any By-law Officer or Peace Officer.

(16) Every person licensed as an itinerant seller who vends from door to door within the City shall restrict such sales to occur between the hours of 9:00 o'clock in the forenoon (9:00 a.m.) and 9:00 o'clock in the afternoon (9:00 p.m.) during the days of Monday to Saturday inclusive.

(17) Every licensee who vends on a sidewalk or street shall restrict such sales to occur between 6:00 o'clock in the forenoon (6:00 a.m.) and 11:00 o'clock in the afternoon (11:00 p.m.) of the same day.

(18) Every licensee shall ensure that his or her hand-powered vehicle or other vehicle or any article used in the business is removed from the sidewalk or street from the hours of 11:00 o'clock in the afternoon (11:00 p.m.) of one day to 6:00 o'clock in the forenoon (6:00 a.m.) of the next following day.

(19) No person who vends shall leave the hand-powered vehicle or anything on the highway after the vending activity has ceased, or after eleven in the afternoon whichever occurs first.

(20) No licensee shall leave his or her hand-powered vehicle unattended on the sidewalk for a period of time in excess of thirty (30) minutes between 6:00 o'clock in the forenoon (6:00 a.m.) and 11:00 o'clock in the afternoon (11:00 p.m.) of the same day.

(21) Despite subsections (17), (18) and (19), every person may vend until midnight on Canada Day, July 1^st.

(22) No licensee shall vend in the afternoon (12:30 p.m.) on November 11 (Remembrance Day):

(a) on Rideau Street or Wellington Street between Sussex Drive and Metcalfe Street, or

(b) on Elgin Street between Wellington Street and Queen Street, before 12:30 o'clock.

(23) No licensee or a person who vends shall fail to ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area immediately after the vending activity has ceased.

(24) For the purposes of Section 16 the placing of the garbage or litter in a sidewalk refuse container provided by the City is not sufficient to constitute removal.

(25) No person licensed to vend on any sidewalk in the City shall vend within three (3) metres of any other itinerant seller or refreshment vehicle on July 1 (Canada Day).

(26) No person who vends on a sidewalk shall occupy or locate or utilize an area that exceeds three (3) metres in length by one (1) metre in width, by two point five (2.5) metres in height.

(27) No person shall vend with or from a vehicle, other than a hand‑powered vehicle, on a boulevard that has been improved with asphalt, decorative bricks, concrete or other fabricated substances.

(28) No person who vends shall locate a vending activity or equipment or thing on any portion of a sidewalk that,

(a) abuts a pedestrian mall or a pedestrian promenade, or

(b) is located within six (6) metres on either side of the area referred to in paragraph (a).

(29) For the purposes of subsection (28), the measurement shall be taken from the extension of the general building lines across the sidewalk to the curb for the determination of,

(a) the area of the abutting sidewalk, and

(b) the commencement of the six (6) metres.

(30) No licensee shall vend on the north side of Wellington Street and Rideau Street between MacKenzie Avenue and Bank Street.

(a)No licensee shall vend on Rideau Street between Sussex Drive and the east side of King Edward Avenue.

(b) No person shall vend on the sidewalk or property located in Confederation Square at the south side of Wellington Street and the bisection of Elgin Street on which the National War Memorial is sited.

(31) The location regulations contained in this Schedule shall not apply to any vending space established pursuant to the Designated Space Programme By-law.

(32) Every licensee shall ensure that he or she conforms with the Vendors on Highways by-law No. 2005-358.

(33) Every street vendor, as defined in the Vendors on Highways by-law No. 2005-358, shall ensure that he or she conforms with the Vendors on Highways By‑law.

REPRESENTATION

17. (1) No person shall publish or cause to be published any representation that the person is licensed under this by-law if they are not so licensed.

(2) No person to whom a license has been issued to under this by-law shall alter, erase or modify or permit to the alteration erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing or her designate who has initialized the change.