4. LICENSING BY-LAW – MOBILE REFRESHMENT VENDING – VEHICLES, CARTS AND STANDS – HARMONIZATION

HARMONISATION DU RÈGLEMENT MUNICIPAL SUR LES PERMIS D'ENTREPRISE – vente itinérante de RAFRAÎCHISSEMENTS – CANTINES MOBILES, CHARIOTS ET COMPTOIRS DE RAFRAÎCHISSEMENTS

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) incorporate Schedule 22 relating to Mobile Refreshment Vehicles;

(c) incorporate Schedule 23 relating to Mobile Canteens;

(d) incorporate Schedule 24 relating to Mobile Refreshment Carts;

(e) incorporate Schedule 25 relating to Refreshment Stands;

2. Subject to the approval of Recommendation 1, exempt the following rural wards, as determined by the Rural Affairs Office, from the licensing provisions of these schedules at this time: Cumberland Ward 19, Osgoode Ward 20, Rideau – Goulbourn Ward 21, West Carleton-March Ward 5;

3. Approve amendments to the Vendors on Highway By-law Number 2005-358 to permit “Mobile Canteens” to operate on or from highways for a maximum of thirty (30) minutes per day, as long as the majority of their vending is conducted on private property;

4. Repeal the relevant by-laws of the former municipalities related to refreshment vending;

5. WHEREAS the proposed by-law wording in 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 Sections 14 (3) and 14 (16) of the proposed Schedule 22 relating to Mobile Refreshment Vehicles; and Section 16 (5) of the proposed Schedule 24 relating to Mobile Refreshment Carts.

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

a) Delete from the definition of “refreshment stand” in the proposed amending by-law, the following words: “but shall not include a mobile refreshment vehicle, a mobile refreshment cart or a mobile canteen”;

b) Delete from Section 1(1)(a) of Schedule 25 relating to Refreshment Stands, the word “pub” and add immediately after “or”, the following: “public property from May 15^th to May 14^th of the following year.”;

c) Add to Section 2(1) of Schedule 25 relating to Refreshment Stands, the following: “(f) a trailer licensed under Schedule 22 relating to Mobile Refreshment Vehicles.”

d) Amend, in the proposed amending by-law, the fee for “License “D” Special Event (1-21 Days)” under Mobile Refreshment Vehicle to read “175.00”.

7. That the relevant sections of Schedules 22 and 24 be amended to reflect hours of operation of 5:30 a.m. to 11:00 p.m.

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'adjoindre au Règlement l'annexe 22, portant sur les véhicules servant à la vente de rafraîchissements;

(c) d'adjoindre au Règlement l'annexe 23, portant sur les cantines mobiles;

(d) d'adjoindre au Règlement l'annexe 24, portant sur les chariots de vente de rafraîchissements;

(e) d'adjoindre au Règlement l'annexe 25, portant sur les comptoirs de vente de rafraîchissements;

2. advenant l'approbation de la recommandation 1, de suspendre, pour le moment, l'application des dispositions sur l'octroi de permis prévues à ces annexes 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);

3. de modifier le Règlement municipal 2005-358 sur les vendeurs sur route de façon à permettre aux cantines mobiles de vendre sur ou à partir d'une route publique pendant au plus trente (30) minutes par jour, à condition que la plupart de leurs activités de vente se déroulent sur un terrain privé;

4. d'abroger les règlements apparentés des anciennes municipalités ayant trait à la vente de rafraîchissements.

5. 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 RÉSOLU QUE le Conseil supprime les paragraphes 14 (3) et 14 (16) de l’annexe 22 proposée, relative aux véhicules servant à la vente de rafraîchissements; et le paragraphe 16 (5) de l’annexe 24, portant sur les chariots de vente de rafraîchissements.

6. Que les passages pertinents du document 1 du rapport du personnel, figurant ci-après, soient modifiés de façon à :

a) supprimer de la définition de l’expression « comptoir de rafraîchissements », dans le projet de règlement modificatif, les mots suivants : « mais ne doit pas comprendre un véhicule servant à la vente de rafraîchissements, un chariot de vente de rafraîchissements ou une cantine mobile »;

b) supprimer de l’alinéa 1(1)(a) de l’annexe 25, relative aux comptoirs servant à la vente de rafraîchissements, le mot « pub » et ajouter immédiatement après le mot « ou », les mots « propriété publique du 15 mai au 14 mai de l’année suivante »;

c) ajouter au paragraphe 2(1) de l’annexe 25, relative aux comptoirs de rafraîchissements, l’alinéa suivant : « (f) une remorque autorisée aux termes de l’annexe 22, relative aux véhicules servant à la vente de rafraîchissements. »

d) modifier, dans le projet de règlement modificatif, les frais relatifs au « Permis D – Événement spécial (1-21 jours) », sous la rubrique Véhicule servant à la vente de rafraîchissements, de façon à indiquer « 175 $ ».

7. Que les passages pertinents des annexes 22 et 24 soient modifiés pour tenir compte des heures d’ouverture, soit de 5 h à 23 h.

DOCUMENTATION

1. Deputy City Manager, Community and Protective Services report dated 7 November 2007 (ACS2007-CPS-BYL-0052).

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-0052

SUBJECT:	LICENSING BY-LAW – MOBILE REFRESHMENT VENDING – VEHICLES, CARTS AND STANDS – HARMONIZATION

OBJET :	HARMONISATION DU RÈGLEMENT MUNICIPAL SUR LES PERMIS D'ENTREPRISE – vente itinérante de RAFRAÎCHISSEMENTS – CANTINES MOBILES, CHARIOTS ET COMPTOIRS DE RAFRAÎCHISSEMENTS

REPORT RECOMMENDATION

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) incorporate Schedule 22 relating to Mobile Refreshment Vehicles;

(c) incorporate Schedule 23 relating to Mobile Canteens;

(d) incorporate Schedule 24 relating to Mobile Refreshment Carts;

(e) incorporate Schedule 25 relating to Refreshment Stands;

2. Subject to the approval of Recommendation 1, exempt the following rural wards, as determined by the Rural Affairs Office, from the licensing provisions of these Schedules at this time: Cumberland Ward 19, Osgoode Ward 20, Rideau– Goulbourn Ward 21, West Carleton-March Ward 5;

3. Approve amendments to the Vendors on Highways By-law No. 2005-358 to permit “Mobile Canteens” to operate on or from highways for a maximum of thirty (30) minutes per day, as long as the majority of their vending is conducted on private property;

4. Repeal the relevant by-laws of the former municipalities related to refreshment vending.

RECOMMANDATION DU RAPPORT

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

(b) d'adjoindre au Règlement l'annexe 22, portant sur les véhicules servant à la vente de rafraîchissements;

(c) d'adjoindre au Règlement l'annexe 23, portant sur les cantines mobiles;

(d) d'adjoindre au Règlement l'annexe 24, portant sur les chariots de vente de rafraîchissements;

(e) d'adjoindre au Règlement l'annexe 25, portant sur les comptoirs de vente de rafraîchissements;

4. d'abroger les règlements apparentés des anciennes municipalités ayant trait à la vente de rafraîchissements.

EXECUTIVE SUMMARY

The City has inherited fifty-five (55) Mobile Refreshment Services regulations and similar vending related licensing categories from certain of the former municipalities. Staff recommends that the proposed harmonized by-law Schedules 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 regulations also serve to protect the health and safety of patrons and employees, and to minimize the occurrence of nuisance. The proposed regulations also reflect the intent of those currently in place in certain of the former municipalities.

In summary, the proposed by-law Schedules:

· Require that a business license be obtained to operate a mobile refreshment vehicle, mobile canteen, mobile refreshment cart or refreshment stand;

· Provides refreshment vendors with access to the whole of the City for vending;

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

· Regulate equipment and vehicle safety standards for safety and suitability;

· Require Commercial General Liability insurance coverage;

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

· Establish harmonized license fees;

· Exempt listed fairs, festivals and farmers markets.

Recognizing the rural identity, refreshment vending in the rural areas will be addressed in a separate report to Council in 2008. In the meantime, the regulations related to mobile refreshment 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 recommendation.

RÉSUMÉ

À la suite du regroupement municipal, la Ville d'Ottawa s'est retrouvée avec 55 règlements sur les services mobiles de vente de rafraîchissements et catégories de permis portant sur les activités de vente similaires qui avaient été adoptés par les anciennes municipalités. Le personnel recommande que les annexes réglementaires 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. Cette réglementation sert également à protéger la santé et la sécurité des clients et des employés et à réduire l'incidence des nuisances. Le règlement proposé reflète la visée de ceux encore en vigueur dans certaines des anciennes municipalités.

En résumé, les annexes réglementaires proposées auront pour effet :

· d'imposer l'obligation d'obtenir un permis d'entreprise pour exploiter un véhicule, une cantine mobile, un chariot ou un comptoir servant à la vente de rafraîchissements;

· de permettre aux vendeurs de rafraîchissements 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, la vente de rafraîchissements dans les secteurs ruraux fera l'objet d'un rapport distinct au Conseil en 2008. Entre-temps la réglementation visant les services mobiles de vente de rafraîchissements 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 recommandation 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 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 inherited from the former municipalities fifty-five (55) refreshment vending by-laws regulating chip wagons, mobile canteens, hot-dog carts, ice cream carts, etc., all with varying requirements and fees. The current by-laws primarily regulate refreshment vending from a vehicle, including hand-powered, pedal-powered, motorized – which are further categorized, defined and regulated. Generally, license fees are established based on the license period and various aspects related to the location from which sales occur. Vending for charitable reasons usually benefit from some type of exemption, either from the licensee fees or the regulations, or both.

Refreshment vending regulations are currently in effect, in one form or another, in former Cumberland, Gloucester, Kanata, Nepean, Ottawa and Vanier. Certain of the rural municipalities enacted refreshment 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 refreshment vending in effect in the rural areas pre-amalgamation will be maintained and enforced until they are replaced.

DISCUSSION

The current regulation of mobile refreshment businesses is very complex from the administration and enforcement perspectives, as well as that of the licensees. To facilitate a more streamlined process and to better serve the needs of the mobile refreshment industry, four licensing Schedules, in Document 1 attached, are recommended as follows: Mobile Refreshment Vehicles, Mobile Canteens, Mobile Refreshment Carts and Refreshment Stands, the latter being a new Schedule to allow for the licensing of stands for special events. The proposed harmonized refreshment by-law and Schedules will simplify and reduce the number of regulations currently in place and create more equitable regulations City wide. The proposed regulations also reflect the intent of those currently in place in certain of the former municipalities and will apply to all refreshment vendors in the urban/suburban areas of the City. The proposals 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 and in the body of the report, is necessary to give effect to the proposed harmonized regulations.

The proposed license categories and classes under each of the four proposed Schedules, which are outlined in the tables 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 in each Schedule address this issue in that additional licensing options are provided, which will better serve licensees. Under the proposed by-law Schedules, an annual license is valid for a particular location and for special events.

The fee for each class of refreshment vendor within the four Schedules 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.

SCHEDULE 22 – MOBILE REFRESHMENT VEHICLE

Description of License	*License Fee$	Expiry Date
License “A” Annual	2550.00	May 14^th
License “B” Six Months	1650.00	November 14^th or May 14^th
License “C” Monthly	250.00	From the 15^th of one month to the 14^th of the following month
License “D” Special Event (1-21 Days)	200.00	Termination of the event
License “E” Special Event per day (1-4 Days)	150.00	Termination of the event
License “F” Roadway Annual	2550.00	May 14^th
License “G” Roadway Six Months	1650.00	November 14^th or May 14^th
License “H” Roadway Monthly	250.00	From 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.

SCHEDULE 23 – MOBILE CANTEEN

Description of License	*License Fee$	Expiry Date
License “A” Annual	550.00	May 14^th
License “B” Six Months	400.00	November 14^th or May 14^th
License “C” Monthly	200.00	From the 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	175.00	Termination of the event
License “E” Special event per day (1-4 Days)	150.00	Termination of the event

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

SCHEDULE 24 – MOBILE REFRESHMENT CART

Description of License	*License Fee$	Expiry Date
License “A” Annual	450.00	May 14^th
License “B” Six Months	300.00	November 14^th or May 14^th
License “C” Monthly	200.00	From the 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	175.00	Termination of the event
License “E” Special event per day (1-4 Days)	150.00	Termination of the event
License “F” Sidewalk Annual	450.00	May 14^th
License “G” Sidewalk Six Months	300.00	November 14^th or May 14^th
License “H” Sidewalk Monthly	200.00	From 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.

SCHEDULE 25 – REFRESHMENT STAND

Description of License	*License Fee$	Expiry Date
License “A” Annual	600.00	May 14^th
License “B” Six Months	400.00	November 14^th or May 14^th
License “C” Monthly	200.00	From the 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	175.00	Termination of the event
License “E” Special event per day (1-4 Days)	130.00	Termination of the event

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

It is proposed that the annual expiry date of all refreshment licenses remain at May 14 as it meets the needs of the majority of our licensees who prefer to obtain their licenses during that time frame.

The regulations under the four proposed Schedules are, for the most part, similar to one another, with minor variations depending on the type of vehicle being used for vending.

Recommendation 1(b) – Schedule 22 relating to Mobile Refreshment Vehicles

Licensing By-law 2002-189 will be amended to provide for the following definitions:

“mobile refreshment vehicle” means a motor vehicle licensed as such under the Highway Traffic Act, or a trailer from which food products or beverages, or both, are cooked, carried or offered for sale for consumption to the general public and for the purposes of mobile refreshment vehicle licenses issued prior to January 1, 2008, also includes a motor vehicle that once operated under its own power and any other vehicle or a train car;

· “trailer” means a wheeled vehicle capable of being towed and not capable of motion under its own power.

Staff proposes that all new mobile refreshment vehicles be licensed as motor vehicles pursuant to the Highway Traffic Act or as trailers, with a vehicle capable of towing the trailer accessible at all times. That is, all vehicles and carts must be capable of easy relocation by the vendor. It is also proposed that no structures be built around or adjacent to a mobile refreshment vehicle that could possibly hinder its mobility. Stairs to a refreshment vehicle are permitted if necessary, but they must not impede the vehicle’s mobility.

The foregoing standards shall not apply to existing licensees whose refreshment vehicles do not meet the standards currently. Should the licensee replace or relocate the business however, the standards will apply. The mobility-related standards are intended to eliminate the opportunity for operations to become permanent structures, which would constitute a different license category with additional requirements, such as washroom facilities. Other by-law provisions allow licensees to operate at any event in the City without the need for an additional license, which will act as an incentive to ensure their business is mobile.

Conditions of Issuance of a License

The conditions for issuance of a Mobile Refreshment Vehicle 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 health regulations, and to provide written authorization from the property owner or occupant where an applicant proposes to vend on private property. Under the Schedule, the vehicle 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 and Schedule (Document 1) outline the conditions in greater detail.

Applicants for a Mobile Refreshment Vehicle License must also provide a current photograph of the vehicle, its dimensions, and information about the equipment type as well as a description of any other accessories to be used in the business.

Location restrictions

A mobile refreshment vehicle 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 vendor is permitted to locate or operate a refreshment cart or vehicle:

· within 46 metres of a Food Premises;

· in a residential zone as specified by the applicable 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 under the Designated Space Programme By-law;

· within 3 metres of another vendor;

· within 6 metres of a pedestrian mall or promenade; or,

· within 91 metres of the public markets.

Vehicle and Equipment Standards

All refreshment vehicles and trailers are required to be purpose-built of a suitable design and to be safe and stable, with or without refreshments contained therein. Licensees are required to keep their vehicles in a clean and sanitary condition, and in good repair. Any refreshment business operating from a trailer is required to have a motor vehicle capable of towing the trailer at all times. The proposed standards will be consistent for all refreshment licenses.

Vehicle Dimensions

The establishment of vehicle dimensions is being proposed to create a standard for all vehicles in view of safety, aesthetics and fair competition. The proposed maximum dimensions for mobile refreshment vehicles are 10 metres in length by 2.6 metres in width by 4.3 metres in height.

Insurance

Commercial General Liability insurance in the amount of no less than $2 million will be required for all mobile refreshment vehicles, which is deemed appropriate coverage to ensure public safety. On the advice of Legal Services, an indemnification clause is also proposed.

Exemptions

Staff proposes to exempt a number of events or types of events that would otherwise be captured by definition of “mobile refreshment vehicle”, 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.

Despite the foregoing exemptions to the licensing requirement, refreshment vendors operating at the events described must comply with all applicable municipal, provincial and federal regulations.

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 safety concerns, no history of related requests for service regarding nuisance, and no evidence that they have caused “consumer protection” concerns.

Roadway Vendors

Roadway vending under this Schedule is only permitted 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 dimensions of their vehicles. It is proposed that the existing hours of operation, 6:00 a.m. to 11:00 p.m., daily, be amended to 5:30 a.m. to midnight, daily, to accommodate licensees’ operational requirements. Further, licensees are not permitted to change the location of vending or to modify their equipment during the term of the license without first notifying the Chief License Inspector and licensees must immediately relocate their mobile refreshment vehicle upon being instructed to do so. In addition, any new vendors who are issued a roadway vending space after January 1, 2008 will be required to operate from the 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) – Schedule 23 relating to Mobile Canteens

Licensing By-law 2002-189 will be amended to provide for the following definition:

· “mobile canteen” means a vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act from which food products and beverages that are prepared or cooked elsewhere than in the motor vehicle are sold for immediate consumption to individuals at their place of employment.

Mobile Canteens generally service construction and industrial sites to provide food services in areas where food is not easily accessible, vending to individuals at their place of employment and not to the general public.

Generally, the requirements applicable to vendors licensed under Schedule 22 are also applicable to vendors licensed under Schedule 23.

Recommendation 1(d) – Schedule 24 relating to Mobile Refreshment Carts

Licensing By-law 2002-189 will be amended to provide for the following definition:

· “mobile refreshment cart” means a hand-powered or pedal-powered vehicle from which refreshments may be cooked, carried, offered for sale or sold for consumption by the general public, and includes ice cream and frozen milk products.

The Mobile Refreshment Carts Schedule establishes the requirements under which vendors may sell, from a cart, food products including but not limited to hot dogs, ice cream, frozen milk products and or beverages. A cart includes hand-powered or pedal-powered vehicles that must operate on private property within the City unless the operator has a permit under the City’s Designated Space Programme By-law. Pedal-powered vehicles selling ice cream will however still be permitted to operate on City roadways, provided that they do not stop for more than ten minutes at any one location.

Generally, the requirements applicable to vendors licensed under Schedule 22 are also applicable to vendors licensed under Schedule 24, save for the insurance requirements and vehicle dimensions. Under Schedule 24:

· Commercial General Liability insurance in the amount of no less than $1 million will be required for all mobile refreshment vehicles, which is deemed appropriate coverage to ensure public safety. On the advice of Legal Services, an indemnification clause is also proposed;

· the maximum dimensions of hand-powered and pedal-powered vehicles are 3 metres in length by 1 metre in width by 2.5 metres in height.

Sidewalk Vendors

Sidewalk vending under this Schedule is only permitted 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 dimensions of their vehicles. It is proposed that the existing hours of operation, 6:00 a.m. to 11:00 p.m., daily, be amended to 5:30 a.m. to midnight, daily, to accommodate licensees’ operational requirements. Further, licensees are not permitted to change the location of vending or to modify their equipment during the term of the license without first notifying the Chief License Inspector and licensees must immediately relocate their mobile refreshment cart upon being instructed to do so. In addition, any new vendors who are issued a sidewalk vending space after January 1, 2008 will be required to operate from the 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.

In addition, Schedule 24 provides that a licensee operating a mobile refreshment cart on the sidewalk may request an increase in the cart dimensions as long as the size increase does not exceed 10% of the original dimensions.

Recommendation 1(e) – Schedule 25 relating to Refreshment Stands

Licensing By-law 2002-189 will be amended to provide for the following definition:

· “refreshment stand” means a temporary structure from which food products or beverages are cooked, carried or offered for sale to the general public and includes a stand, table, booth, trailer, tent or kiosk, but shall not include a mobile refreshment vehicle, a mobile refreshment cart or a mobile canteen.

The existing licensing regulations do not adequately capture the vending of refreshments from stands which has become an increasingly popular venue at special events. Staff is proposing this new licensing category that will capture those types of food vendors who are not selling from a vehicle or a cart. It is proposed that such licenses only be issued for special events.

Generally, the requirements applicable to vendors licensed under Schedule 22 are also applicable to vendors licensed under Schedule 25, save for the insurance requirements and vehicle dimensions. Under Schedule 25:

· Commercial General Liability insurance in the amount of no less than $1 million will be required for all refreshment stands, which is deemed appropriate coverage to ensure public safety. On the advice of Legal Services, an indemnification clause is also proposed;

· there are no dimension specifications.

Recommendation 2 – 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 refreshment vending in effect in the rural areas pre-amalgamation will be maintained and enforced until they are replaced.

Recommendation 3 – Amendments to Vendors on Highways By-law

The Vendors on Highways By-law No. 2005-358 provides that vending on the roadways and sidewalks is prohibited unless the vendor holds a designated space permit issued pursuant to the Designated Space Programme By-law. An amendment to the Vendors on Highways By-law is therefore required to exempt Mobile Canteens as they will be permitted to stop on a roadway for up to 30 minutes, as long as the majority of their vending for the day is conducted on private property. This reinstates the provisions that existed in former Ottawa and permits Mobile Canteen operators to sell from the roadway their refreshments to employees on construction sites, where they are not permitted access for safety reasons.

Recommendation 4 – Repeals

The proposed by-law and Schedules 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, refreshment vending in the rural areas will be addressed in a separate report to Council in 2008. In the meantime, the regulations related to refreshment 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 refreshment 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. Approximately forty vendors attended and were in general agreement with the proposals. The comments received were incorporated into the recommendations, accordingly.

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 – Proposed Amending By-law and Schedules 22, 23, 24 and 25

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 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:

“lot line” means the boundary of a lot,

“mobile canteen” means a vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended from which food products and beverages that are prepared or cooked elsewhere than in the motor vehicle are sold for immediate consumption to individuals at their place of employment,

“mobile refreshment cart” means a hand-powered or pedal-powered vehicle from which refreshments may be cooked, carried, offered for sale or sold for consumption by the general public and includes ice cream and frozen milk products,

“mobile refreshment vehicle” means a motor vehicle licensed as a motor vehicle pursuant to the Highway Traffic Act R.S.O. 1990, c. H.8, as amended, or a trailer from which food products or beverages or both are cooked, carried or offered for sale for consumption to the general public and for the purposes of mobile refreshment vehicle licenses issued prior to January 1, 2008 also includes a motor vehicle that once operated under its own power, any other vehicle or a train car.

“trailer” means a wheeled vehicle capable of being towed and not capable of motion under its own power.

“refreshments” includes food products and beverages sold for immediate consumption,

“refreshment stand” means a temporary structure from which food products or beverages are cooked, carried or offered for sale to the general public and includes a stand, table, booth, trailer, tent or kiosk but shall not include a mobile refreshment vehicle, a mobile refreshment cart or a mobile canteen,

2. Section 9 of Said by-law 2002-189is amended by adding the following subsection thereto:

“(23) every mobile refreshment vehicle operator”

“(24) every mobile canteen operator”

“(25) every mobile refreshment cart operator”

“(26) every refreshment stand operator”

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
Mobile Refreshment Vehicle
License “A” Annual	2550.00	May 14^th
License “B” Six Months	1650.00	November 14^th or May 14^th
License “C” Monthly	250.00	From the 15^th of one month to the 14^th of the following month
License “D” Special Event (1-21 Days)	200.00	Termination of the event
License “E” Special Event per day (1-4 Days)	150.00	Termination of the event
License “F” Roadway Annual	2550.00	May 14^th
License “G” Roadway Half Year License “H” Roadway Monthly	1650.00 250.00	November 14^th or May 14^th From the 15^th of one month to the 14^th of the following month
License “I” Canada Day	130.00	July 1^st

Column 1 Description of License	Column 2 License Fee$	Column 3 Expiry Date
Mobile Canteen
License “A” Annual	550.00	May 14^th
License “B” Six Months	400.00	November 14^th or May 14^th
License “C” Monthly	200.00	From the 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	175.00	Termination of the event
License “E” Special event per day (1-4 Days)	150.00	Termination of the event

Column 1 Description of License	Column 2 License Fee$	Column 3 Expiry Date
Mobile Refreshment Cart
License “A” Annual	450.00	May 14^th
License “B” Six Months	300.00	November 14^th or May 14^th
License “C” Monthly	200.00	From the 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	175.00	Termination of the event
License “E” Special event per day (1-4 Days)	150.00	Termination of the event
License “F” Sidewalk Annual	450.00	May 14^th
License “G” Sidewalk Six-Months	300.00	November 14^th or May 14^th
License “H” Sidewalk Monthly	200.00	From the 15^th of one month to the 14^th of the following month
License “I” Canada Day	130.00	July 1^st

Column 1 Description of License	Column 2 License Fee$	Column 3 Expiry Date
Refreshment Stand
License “A” Annual	600.00	May 14^th
License “B” Six Months	400.00	November 14^th or May 14^th
License “C” Monthly	200.00	From the 15^th of one month to the 14^th of the following month
License “D” Special event (1-21 Days)	175.00	Termination of the event
License “E” Special event per day (1-4 Days)	150.00	Termination of the event

4. The said by-law 2002-189 is amended by adding thereto:

Schedule No. 22 relating to mobile refreshment vehicles,

Schedule No. 23 relating to mobile canteens,

Schedule No. 24 relating to mobile refreshment carts,

Schedule No. 25 relating to refreshment stands,

attached hereto and comes in to effect on April 15^th, 2008.

Schedule No. 22

Relating to Mobile Refreshment Vehicles

LICENSE REQUIRED

1. (1) The following mobile refreshment vehicle licenses may be issued pursuant to this Schedule:

(a) a License “A,” an annual license to a person operating a mobile refreshment vehicle from a particular location 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 a mobile refreshment vehicle from a particular location on private property or at special events from

May 15^th to November 14^th of the same year or from November 15^th to May 14^th of the following year.

(c) a License “C,” a monthly -license to a person operating a mobile refreshment vehicle on private property or at special events from the fifteenth (15^th) of one month to the fourteenth (14^th) of the following month.

(d) a License “D,” a special event license to a person operating a mobile refreshment vehicle at a special event with a duration of one (1) to twenty-one (21) consecutive days.

(e) a License “E,” a special event per day license to a person operating a mobile refreshment vehicle at special events with a duration of one (1) to four (4) consecutive days.

(f) a License “F,” a roadway annual license to a person operating a mobile refreshment vehicle, licensed as a motor vehicle pursuant to the Highway Traffic Act R.S.O. 1990, c. H.8, as amended and not a trailer, in a designated space pursuant to the Designated Space Programme By-law on the roadway 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 roadway six months license to a person operating a mobile refreshment vehicle, licensed as a motor vehicle pursuant to the Highway Traffic Act R.S.O. 1990, c. H.8, as amended and not a trailer, in a designated space pursuant to the Designated Space Programme By-law on the roadway in the former City of Ottawa or at special events from May 15^th to November 14^th of the same year, or from November 15^th to May 14^th of the following year.

(h) a License “H,” a roadway monthly license to a person operating a mobile refreshment vehicle, licensed as a motor vehicle pursuant to the Highway Traffic Act R.S.O. 1990, c. H.8, as amended and not a trailer, in a designated space pursuant to the Designated Space Programme By-law on the roadway 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,” Canada Day – License to a person selling food products or beverages; or both from a mobile refreshment vehicle on Canada Day (July 1st) in the removal zone as indicated in the Designated Space By-law.

(2) Every person who operates a refreshment vehicle shall obtain a separate license for each mobile refreshment vehicle.

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

(4) Every mobile refreshment vehicle operator shall require a Canada Day license to operate within the removal zone as indicated in the Designated Space Programme By-law.

(5) Despite subsections 1(1), (a), (b), (c), (d) and (e) mobile refreshment vehicles licensed prior to January 1, 2008 that are currently legally not mobile pursuant to the licensing by-law from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle.

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.

(2) The holder of a license “A”, “B”, “C”, “F”, “G” or “H”, issued under this Schedule shall be permitted to sell at a special event unless the licensee:

(a) has notified the Chief License Inspector 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;

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

(b) has written proof that he or she is permitted to operate at the special event.

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

(3) Despite subsection (1), the operator of a mobile refreshment vehicle must comply with all municipal, provincial and federal acts, regulations and by-laws.

(4) 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 a refreshment vehicle license shall be issued a license unless:

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

(b) the applicant has indicated on the application the type of refreshment vehicle operation;

(i) a recent colour photograph of the mobile refreshment vehicle to be used in the business,

(ii) the maximum height, length, width and depth of the mobile refreshment vehicle,

(iii) the type of heating and cooking equipment used,

(iv) other equipment to be used in the business, and

(v) the make, model, style and serial number of the mobile refreshment vehicle,

(d) where applicable the applicant has provided a recent certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000 S.O. 2000, c.16, as amended with respect to the mobile refreshment vehicle application,

(e) the applicant has filed proof of insurance in accordance with the requirements of Section 8,

(f) the applicant has met all requirements of the Health Protection and Promotion Act R.S.O. 1990, c. H7, as amended, and of Regulation 562 enacted thereunder,

(g) the Medical Officer of Health has reported in writing that the mobile refreshment vehicle is suitable for the purpose of the license application and is in a sanitary condition,

(h) the Chief License Inspector has reported in writing, that the mobile refreshment vehicle and its equipment are suitable for the vending operation noted in the application,

(j) where an applicant is applying for a class “D” or “E” license, the applicant has furnished details to the Chief Licensing Inspector outlined in subsection 2 (2),

(i) if applying to sell on private property the applicant has filed written proof with the Chief License Inspector that the owner of the property has granted permission to the applicant for the use of the property for the vending business indicated on the application, the duration and conditions of permission, the name and telephone number of the owner or occupant of the property,

(j) the location from which the applicant proposes to operate the mobile refreshment vehicle 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,

(k) the applicant is the holder of a current motor vehicle permit issued pursuant to the said Highway Traffic Act, R.S.O. 1990, c. H.8, as amended that permits it to be driven on any highway, where applicable, and

(l) the applicant has paid the fees set out in Schedule “A”.

CONDITIONS FOR RENEWAL OF LICENSE

4. (1) The Chief License Inspector may require the licensee to submit his or her mobile refreshment vehicle and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.

(2) The Chief License Inspector is authorized to require that a mobile refreshment vehicle operator prove that the vehicle being used for the vending activity is capable of mobility under it’s own motor power.

(3) Despite subsection 4 (2) a trailer operating as a mobile refreshment vehicle may be required to prove that the trailer is capable of being towed immediately upon request.

(4) Despite subsection 4 (2) and (3), mobile refreshment vehicles licensed prior to January 1, 2008 that are currently legally not mobile pursuant to the licensing by-law from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle.

(5) 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 the requirements of these clauses do not apply.

(6) The licensee shall ensure that prior to the expiration of the license, his or her mobile refreshment vehicle and vending equipment is submitted for inspection, where applicable, to,

(a) the Medical Officer of Health, and

(b) the Chief License Inspector

as if the applicant was filing an original application.

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

REFUSAL OF LICENSE

1. (1) In addition to Section 21 of By-law 2002-189 the Chief License Inspector may refuse to issue a mobile refreshment vehicle license or may refuse to renew a license if,

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

(b) an inspection or inspections reveal that the mobile refreshment vehicle or equipment used for vending do not meet the regulations of this licensing schedule,

(c) the Medical Officer of Health has not reported in writing that the mobile refreshment vehicle or vending equipment is suitable for the purpose of the license application and is in sanitary condition,

(d) the location from which the applicant proposes to operate the mobile refreshment vehicle 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,

(e) the certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended with respect to the vehicle, does not meet the provisions of this by-law,

(f) the vehicle is not capable of mobility under it’s own motor power or the trailer is not capable of mobility while hitched to a motor vehicle capable of towing the trailer,

(g) the Chief License Inspector has not reported, or has reported in writing that, where applicable, the refreshment vehicle or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.

(2) Despite subsection (1) (f) mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle.

ISSUANCE OF LICENSE

6. (1) The Chief License Inspector shall furnish a plate or decal bearing an identifying number and may be differentiated from other classes by colour.

(2) Despite subsection 6(1) the Chief License Inspector shall not furnish a plate or decal for a mobile refreshment vehicle license “D”, “E” or “H”.

(3) Every licensee using a mobile refreshment vehicle shall ensure that the decal furnished pursuant to Section 6 is properly affixed to the upper right corner of the plate and that the plate is attached to the right rear of the mobile refreshment vehicle for which it has been issued so as to be clearly visible to the public during the currency of the license.

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

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

(6) 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).

(7) 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 a mobile refreshment vehicle 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 a mobile refreshment vehicle does not constitute the granting of authority to vend on private property.

(3) 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.

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

(5) Licensed mobile refreshment vehicle operators who hold a permit issued under the Designated Space Programme By-law or who are exempted from holding a permit under the Designated Space Programme By-law may vend on City highways within the removal zone.

(6) Licensed mobile refreshment vehicle operators 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, a by-law to regulate special events on City streets, as amended, may vend within the special event area.

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

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

(9) No person shall vend from a mobile refreshment vehicle 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 a refreshment vehicle:

(a) within forty six (46) metres of a Food Premises,

(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) metres of a vendor who holds an encroachment permit pursuant to By-law 2003-446 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 distance from a Food Premises is measured to the lot line for a stand-alone Food Premises and to the building for a Food Premises in a shopping plaza or shopping centre or similar shopping area.

(12) Despite subsection 7 (10) a licensee may operate less than forty-six (46) metres from a Food Premises provided that the licensee obtains a written letter from the affected Food Premises stating that they do not object to the operation of the mobile refreshment vehicle at the intended location. A copy of this letter shall be provided to the Chief Licensing Inspector. The wording of the letter shall be to the Chief Licensing Inspector’s satisfaction and the Chief Licensing Inspector shall approve the location.

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

(14) Despite Section 7 (10) (b), (e), and (f) vendors participating in a special event held pursuant to the By- law No. 2001-260 are exempt.

INSURANCE

8. (1) Every owner or operator of a mobile refreshment vehicle shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $2,000,000.00 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 mobile refreshment vehicle or trailer 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 applicant 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 applicant of his or her obligations under the license whether with our without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.

LICENSE TRANSFER

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

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

ii. Despite Section 10 (1) and (2) a license “F” or “G” shall 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 TRANSFER

11. Despite Section 10 location transfers shall be permitted upon approval of the Chief License Inspector.

MOBILE REFRESHMENT VEHICLE AND EQUIPMENT STANDARDS

12. (1) Mobile refreshment vehicles shall be purpose-built and suitably designed for the licensed business.

(2) Every licensee shall at all times keep his or her mobile refreshment vehicle in a clean and sanitary condition and in a state of good repair and appearance.

(3) Every licensee shall use a mobile refreshment vehicle that is licensed as a motor vehicle pursuant to the Highway Traffic Act R.S.O. 1990, c. H.8, and capable of immediate relocation by the operator upon being directed so to do;

(4) Despite section 12(3) a trailer shall be permitted, however a vehicle sufficient to tow the trailer to which it is hitched must remain accessible at all times.

(5) Despite subsections (3) and (4) mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle.

(6) Where a refreshment vehicle is a combination unit of a motor vehicle and a trailer, every licensee shall ensure that,

(a) the combination unit of motor vehicle and trailer shall be treated as one motor vehicle and

(b)the motor vehicle capable of towing the trailer must remain accessible at all times.

(7) No person who vends shall use,

(a) an external gasoline-powered generator,

(b) an external propane-powered generator,

(d) an external natural gas-powered generator,

in conjunction with the vending activity.

(8) Every licensee using a mobile refreshment vehicle shall have attached or painted on both sides of the exterior body of the mobile refreshment vehicle, in a clearly visible position, a sign showing his or her trade name legibly printed in letters and figures not less than seven (7) centimeters in height.

(9) Every licensee using a mobile refreshment vehicle with a food heating capability or electric heater shall ensure that his or her mobile refreshment vehicle is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended and Regulation 213, as amended , enacted thereunder.

(10) No licensee shall construct a structure or cause a structure to be constructed around or adjacent to a mobile refreshment vehicle so as to make the vehicle or trailer immobile.

(11) Despite subsection 10 mobile refreshment vehicles licensed prior to January 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle and any structures existing prior to January 1, 2008 shall be permitted.

(12) No licensee shall operate from a mobile refreshment vehicle with visible rust.

(13) Where reports have been received from the Medical Officer of Health in respect of the mobile refreshment vehicle, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the mobile refreshment vehicle, or equipment related to the mobile refreshment vehicle operation, without the prior approval of the Chief License Inspector.

(14) Every refreshment vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, may have a canopy that extends beyond the dimensions of the vehicle provided that:

(a) the extension of the canopy is at the height of not less than two point two (2.2) metres measured from the ground, and

(b) the extension of the canopy does not extend beyond the dimensions of the vehicle by more than one (1) metre on any one (1) side.

DIMENSIONS OF A MOBILE REFRESHMENT VEHICLE

13. (1) No person shall use a mobile refreshment vehicle that exceeds the dimensions of ten (10) metres in length by two point six (2.6) metres in width, by four point three (4.3) metres in height.

GENERAL REGULATIONS

14. (1) No licensee shall carry, sell, offer or expose for sale any food product that is prohibited by the Medical Officer of Health.

(1) No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.

(3) No licensee or 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 a Peace Officer:

(i) a copy of the valid mobile refreshment vehicle license;

(ii) 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;

(iii) 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;

(iv) a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended

(2) No licensee shall fail to submit the mobile refreshment vehicle for an inspection if requested to do so by a By-law Officer or a Peace Officer.

(3) 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.

(5) 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;

(6) Every licensee shall ensure that he or she conforms to all municipal by-laws and that he or she does not:

(a) interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City;

(b) interfere with a designated fire route pursuant to by-law 2003-499, being a by-law of the City of Ottawa to designate Fire Routes;

(d) interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises;

(7) Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.

(8) No licensee shall allow any part of the vending activity to interfere with vehicular or pedestrian traffic or highway maintenance.

(9) No licensee shall change his or her particular vending location during the currency of the license without prior approval of the Chief License Inspector.

(10) No licensee shall allow modifications to the equipment without the prior approval of the Chief License Inspector.

(11) Every licensee shall ensure that any grease or water used in the business is disposed of in a manner that complies with all municipal, provincial and federal statutes, laws, by-laws and regulations.

(12) Every licensee shall relocate the mobile refreshment vehicle immediately upon being so directed by the Chief License Inspector.

(13) Every licensee shall submit for inspection any equipment or mobile refreshment vehicle upon being so directed by the Chief License Inspector.

(14) Every licensee shall ensure that he or she conforms, where applicable, to

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

(b) By‑law Number 2003-530 being a by‑law of the City of Ottawa regulating traffic and parking on highways, as amended,

(15) No person who vends with or from a mobile refreshment vehicle on the highway shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the refreshment vehicle.

(16) Every holder of a license “F” or “G” issued prior to May 15^th 2008 shall operate at least fifty percent of the time from the designated space

(17) Every licensee who vends on the street shall restrict such sales to occur between 5:30 o'clock in the forenoon (5:30 a.m.) and midnight in the afternoon of the same day.

(18) Every licensee shall ensure that his or her mobile refreshment vehicle or any article used in the business is removed from the highway from the hours of midnight in the afternoon of one day to 5:30 o'clock in the forenoon (5:30 a.m.) of the next following day.

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

(20) No licensee shall leave his or her vehicle unattended on the highway for a period of time in excess thirty (30) minutes between 5:30 o'clock in the forenoon (5:30 a.m.) and midnight in the afternoon of the same day.

(21) Despite subsections (18) and (19), no licensee shall vend:

(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 in the afternoon (12:30 p.m.) on November 11 (Remembrance Day).

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

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

(24) No licensee 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.

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

(26) 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.

REQUIREMENT FOR GARBAGE OR LITTER CONTROL

15. (1) Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the mobile refreshment vehicle at suitable locations to keep up with the amount of trash generated by the vending operation.

(2) Every licensee shall ensure that the trash created by the vending activity shall be disposed of as required to prevent overflow.

(3) Every licensee shall ensure that the trash resulting from his or her vending activity is collected and removed from the vending area when leaving for the day.

(4) For the purposes of this Section, the placing of the trash in a sidewalk refuse container provided by the City is not sufficient to constitute removal.

(5) Every licensee shall ensure that the garbage receptacle placed outside the vehicle is removed from vending area and that the trash is disposed of in a proper manner when the business closes at the end of the day.

REPRESENTATION

16. (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 the alteration erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing or designate who has initialized the change.

Schedule No. 23

Relating to Mobile Canteens

LICENSE REQUIRED

1. (1) The following mobile canteen licenses may be issued pursuant to this Schedule:

(a) a License “A,” an annual license to a person operating a mobile canteen

on private property or at special events from May 15^th until May 14^th of the following year.

(b) a License “B,” a six month license to a person operating a mobile canteen

on private property or at special events from May 15^th to November 14^th of the same year or from November 15^th to May 14^th of the following year.

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 a mobile canteen on private property or at special events from one (1) to twenty-one (21) consecutive days.

(e) a License “E,” a special event per day license to a person operating a mobile canteen on private property or at special events from one(1) to four (4) consecutive days.

(2) Every person who operates a mobile canteen shall obtain a separate license for each mobile canteen.

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;

(d) the Central Canada Exhibition,

(e) 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.

(2) The holder of a license “A”, “B” or “C” issued under this Schedule shall not be permitted to sell at a special event unless the licensee:

14. has notified the Chief License Inspector of:

a. his or her intention to vend at the special event;

b. the description of the special event including its location, duration and hours of operation;

c. the name and phone number of the promoter;

15. has written proof that he or she is permitted to operate at the special event.

16. operates from the mobile canteen identified under his or her license;

17. the license is valid at the time of and for the duration of the special event

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

(e) Ward 5 - West Carleton March

(f) Ward 19 – Cumberland

(g) Ward 20 – Osgoode

(h) Ward 21 – Rideau – Goulbourn

(4) Despite subsection 2 (1) of this by-law the operator of the mobile canteen must comply with all other municipal, provincial and federal acts, regulations and by-laws.

CONDITIONS FOR ISSUANCE

3. (1) No applicant for a mobile canteen license shall be issued a license unless:

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

(b) the applicant has indicated on the application the type of mobile canteen operation;

(i) a recent colour photograph of the mobile canteen to be used in the business,

(ii) the maximum height, length, width and depth of the mobile canteen;

(iii) the type of heating equipment used,

(iv) other equipment to be used in the business,

(v) the make, model, style and vehicle information number of the mobile canteen;

(e) the applicant has filed proof of insurance in accordance with the requirements of Section 8,

(f) the applicant has met all requirements of the Health Protection and Promotion Act R.S.O. 1990, c. H7, as amended, and of Regulation 562 enacted thereunder,

(g) the Medical Officer of Health has reported in writing that the mobile canteen is suitable for the purpose of the license application and is in a sanitary condition,

(h) the Chief License Inspector has reported in writing that the mobile canteen and its equipment are suitable for the vending operation noted in the application,

(i) where an applicant is applying for a class “D” or “E” license, the applicant has furnished details to the Chief Licensing Inspector outlined in subsection 2 (2).

(j) the applicant is the holder of a current motor vehicle permit issued pursuant to the said Highway Traffic Act, R.S.O. 1990, c. H.8, as amended that permits it to be driven on any highway, and

(k) the applicant has paid the fees set out in Schedule “A”.

CONDITIONS FOR RENEWAL OF LICENSE

4. (1) The Chief License Inspector may require the licensee to submit his or her mobile canteen and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.

(2) 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 the requirements of these clauses do not apply.

(3) The licensee shall ensure that prior to the expiration of the license, his or her mobile canteen and vending equipment is submitted for inspection, where applicable, to,

(a) the Medical Officer of Health, and

(b) the Chief License Inspector,

as if the applicant was filing an original application.

(4) 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 a mobile canteen license or may refuse to renew a license if,

(a) an inspection reveals that the site conditions are deemed inappropriate or unsuitable for the business,

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

(c) the Medical Officer of Health has not reported in writing that the mobile canteen or its equipment is or are suitable for the activity and is in a sanitary condition,

(d) a certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended with respect to the vehicle, does not meet the provisions of this by-law.

(e) the Chief License Inspector has not reported, or has reported in writing, where applicable that the mobile canteen or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.

ISSUANCE OF LICENSE

6. (1) The Chief License Inspector shall furnish a plate or decal bearing an identifying number and may be differentiated from other classes by colour.

(2) Despite Sections 6(1) the Chief License Inspector shall not furnish a plate or decal for a mobile canteen license “D” or “E”.

(3) Every licensee using a mobile canteen shall ensure that the decal furnished pursuant to Section 6 is properly affixed to the upper right corner of the plate and that the plate is attached to the right rear of the mobile canteen for which it has been issued so as to be clearly visible to the public during the currency of the license.

(4) Every licensee shall ensure that the license issued by the Chief License Inspector is posted on or in the mobile canteen and visible to the public;

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

(6) 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 Section 6.

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

APPROVALS REQUIRED TO VEND FROM A PARTICULAR LOCATION

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

1. The issuance of a license to operate a mobile canteen does not constitute the granting of authority to vend on private property.

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

3. The onus of obtaining the necessary approval to vend at a location on private property from the owner of such property is solely on the licensee.

4. No person shall vend on private property of the City without first obtaining written permission from the City.

5. No person shall vend from a mobile canteen on the Sparks Street Mall without first obtaining the written consent of the Sparks Street Mall Management Board and a license under this Schedule.

6. Licensed mobile canteen operators 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, a by-law to regulate special events on City streets, as amended, may vend within the special event area.

7. No person shall locate or operate a mobile:

(i) within forty six (46) metres of a Food Premises;

(j) In a residential zone as specified by the applicable Zoning by-law;

(k) within nine (9) metres of an intersection;

(l) within ten (10) metres of a bus stop;

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

(n) within three (3) metres of another vendor;

(o) within six (6) metres of a pedestrian mall or promenade; or

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

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

(e)ensure that he or she has the consent in his or her possession, and

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

INSURANCE

8. (1) Every owner or operator of a mobile canteen shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $2,000,000.00 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 mobile canteen for which a license has been applied for or obtained.

INDEMNIFICATION

LICENSE TRANSFER

10. (1) No license issued pursuant to this schedule shall be transferred 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.

MOBILE CANTEEN AND EQUIPMENT STANDARDS

11. (1) Mobile Canteens shall be purpose built and suitably designed for the licensed business,

(2) Every licensee shall at all times keep his or her mobile canteen in a clean and sanitary condition and in a state of good repair and appearance,

(3) Every licensee shall use a mobile canteen that is capable of immediate relocation by the operator immediately upon being directed so to do;

(4) No person who vends shall use,

(a) an external gasoline-powered generator,

(b) an external propane-powered generator,

(d) an external natural gas-powered generator,

in conjunction with the vending activity.

(5) Every licensee using a mobile canteen with a food heating capability or electric heater shall ensure that his or her mobile canteen is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended and Regulation 213, as amended , enacted thereunder.

(6) Every licensee shall use a mobile canteen that has been licensed as a motor vehicle pursuant the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended

(7) Where reports have been received from the Medical Officer of Health in respect of the mobile canteen, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the mobile canteen, or equipment related to the mobile canteen operation, without the prior approval of the Chief License Inspector.

(8) No person shall use a mobile canteen that exceeds the dimensions of ten (10) metres in length by two point six (2.6) metres in width, by four point three (4.3) metres in height.

GENERAL REGULATIONS

12. (1) No licensee shall carry, sell, offer or expose for sale any food product that is prohibited by the Medical Officer of Health.

(2) No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.

(3) No licensee or 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 a Peace Officer:

(i) a copy of the valid mobile canteen license;

(iv) 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;

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

(vi) a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended

(4) No licensee shall fail to submit the mobile canteen for an inspection if requested to do so by a By-law Officer or a Peace Officer.

(5) 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.

(6) No licensee shall fail to ensure that the licensed business does not:

(a) interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City;

(b) interfere with a designated fire route pursuant to by-law 2003-499, being a by-law of the City of Ottawa to designate Fire Routes;

(d) interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises;

(7) Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.

(8) No licensee shall allow modifications to the equipment without the prior approval of the Chief License Inspector.

(9) Every licensee shall ensure that any grease or water used in the business is disposed of in a manner that complies with all municipal, provincial and federal statutes, laws, by-laws and regulations.

(10) Every licensee shall ensure that he or she conforms, where applicable, to

14. the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended,

15. By‑law Number 2003-530 being a by‑law of the City of Ottawa regulating traffic and parking on highways, as amended,

16. By-law 2005-358, being a by-law respecting vendors on highways, as amended

(11) 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.

(12) No person shall vend:

(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 in the afternoon (12:30 p.m.) on November 11 (Remembrance Day).

(13) No person shall cook food products in a "Mobile Canteen”.

(14) Every licensee shall ensure that his or her mobile canteen is a fit motor vehicle under the said Highway Traffic Act.

(15) No person who vends with or from a mobile canteen shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the vehicle.

(16) No holder of a “Mobile Canteen” License shall vend with or from a mobile canteen in any area designated as a “residential area” in the applicable zoning By-law except on a construction site during periods of construction, but this does not include a single site for the construction of housing in an already established neighbourhood.

(17) Any holder of a “Mobile Canteen” license may remain up to thirty (30) minutes at a location on a street, subject to By‑law Number 2003-530 entitled "A by‑law of The City of Ottawa regulating traffic and parking on highways", as amended, at a construction site or place of employment provided that the majority of the licensee active vending time in any one (1) day is spent on private property.

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

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

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

(21) 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.

REQUIREMENT FOR GARBAGE OR LITTER CONTROL

13. (1) Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the mobile canteen at suitable locations to keep up with the amount of trash generated by the vending operation.

(2) Every licensee shall ensure that the trash created by the vending activity shall be disposed of as required to prevent overflow.

(3) Every licensee shall ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area when leaving for the day.

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

(5) Every licensee shall ensure that the garbage receptacle placed outside the vehicle is removed from vending area and that the garbage is disposed of in a proper manner when the business closes at the end of the day.

REPRESENTATION

14. (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.

Schedule No. 24

Relating to Mobile Refreshment Carts

LICENSES REQUIRED:

1. (1) The following mobile refreshment cart licenses may be issued pursuant to this Schedule:

a) a License “A,” an annual license to a person operating a mobile refreshment cart on private property from a particular location or at special events from May 15 to May 14 of the following year.

b) a License “B,” a six-month license to a person operating a mobile refreshment cart on private property from a particular location or at special events from May 15 to November 14 of the same year or November 15 to May 14 of the following year.

c) a License “C,” a monthly license to a person operating a mobile refreshment cart on private property from a particular location or at special events from the fifteenth (15^th) of one month to the fourteenth (14^th) of the following month.

d) a License “D,” a special event license to a person operating a mobile refreshment cart at a special event for the duration of the event from one (1) to twenty-one (21) consecutive days.

e) a License “E,” a special event per day license to a person operating a mobile refreshment cart at a special event for the duration of the event from one (1) to four (4) consecutive days.

f) a License “F,” a sidewalk annual license to a person operating a mobile refreshment cart in a designated space pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events from May 15 to May 14 of the following year.

g) a License “G,” a sidewalk six months license to a person operating a mobile refreshment cart in a designated space pursuant to the Designated Space Programme By-law on the sidewalk in the former City of Ottawa or at special events May 15 to November 14 or from November 15 to May 14 of the following year.

h) a License “H,” a sidewalk monthly license to a person operating a mobile refreshment cart in a designated space 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 mobile refreshment cart license to a person selling food products that may be cooked, carried or offered for sale and for immediate consumption from a mobile refreshment cart including ice cream and frozen milk products or beverages from a mobile refreshment cart from the removal zone pursuant to the Designated Space Programme By-law on Canada Day (July 1^st).

(2) Every person who owns or operates a mobile refreshment cart shall obtain a separate license for each mobile refreshment cart.

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

(4) Every mobile refreshment cart operator shall require a Canada Day license to operate within the removal zone as identified in the Designated Space Programme By-law.

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;

(d) the Central Canada Exhibition,

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

i. has notified the Chief License Inspector of:

ii. his or her intention to vend at the special event;

iii. the description of the special event including its location, duration and hours of operation;

iv. the name and phone number of the promoter;

v. has written proof that he or she is permitted to operate at the special event.

vi. operates from the mobile refreshment cart identified under his or her license;

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

(3) 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

(4) Despite subsection (1), the operator of a mobile refreshment cart must comply with all municipal, provincial and federal acts, regulations and by-laws.

CONDITIONS FOR ISSUANCE

3. (1) No applicant for a mobile refreshment cart license shall be issued a license unless:

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

(b)the applicant has indicated the category of mobile refreshment cart license requested,

(i) a recent photograph of the mobile refreshment cart to be used in the business,

(ii) the maximum height, length, width and depth of the mobile refreshment cart,

(iii) the type of heating and cooking equipment used,

(iv) other equipment to be used in the businesses, and,

(v) the make, model, style, and serial number of the mobile refreshment cart where available,

(e) the applicant has filed proof of insurance in accordance with the requirements Section 8,

(f) the applicant has met all requirements of the Health Protection and Promotion Act R.S.O. 1990, c. H.7, as amended, and of Regulation 562 enacted thereunder,

(g) the Medical Officer of Health has reported in writing that the mobile refreshment cart is suitable for the purpose of the license application and is in a sanitary condition,

(h) the Chief License Inspector has reported in writing, that the mobile refreshment cart and its equipment are suitable for the vending operation noted in the application,

(i) where an applicant is applying for a class “D” or “E” license, the applicant has furnished details to the Chief Licensing Inspector outlined in subsection 2 (2).

(j) if applying to sell on private property the applicant has filed written proof with the Chief License Inspector that the owner of the property has granted permission to the applicant for use of the property for the vending business indicated on the application,

(k) the location from which the applicant proposes to operate the mobile refreshment cart 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,

(l) if applying for a class “F’, “G” or “H” license to vend from the sidewalk the applicant shall present his or her valid Designated Space Permit issued pursuant to the Designated Space Programme By-law, and

(m) the applicant has paid the fees set out in Schedule “A”.

CONDITIONS FOR RENEWAL OF LICENSE

4. (1) The Chief License Inspector may require the licensee to submit his or her mobile refreshment cart and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.

(3) The licensee shall ensure that prior to the expiration of the license, his or her mobile refreshment cart and vending equipment is submitted for inspection, where applicable, to,

(a) the Medical Officer of Health, and

(b) the Chief License Inspector,

as if the applicant was filing an original application.

(4) 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 a mobile refreshment cart license or may refuse to renew a 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 mobile refreshment cart or equipment used for vending do not meet the regulations of this licensing schedule;

(c) the Medical Officer of Health has not reported in writing that the mobile refreshment cart or vending equipment is suitable for the purpose of the license application and is in sanitary condition;

(d) the location from which the applicant proposes to operate the mobile refreshment cart 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,

(e) the certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, S.O. 2000, c.16. as amended with respect to the mobile refreshment cart, does not meet the provisions of this by-law.

(f) the Chief License Inspector has not reported, or has reported in writing that, where applicable, the mobile refreshment cart or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.

ISSUANCE OF LICENSE

6. (1) The Chief License Inspector shall furnish a plate or decal bearing an identifying number and may be differentiated from other classes by colour.

1. Despite subsection 6 (1) the Chief License Inspector shall not furnish a plate or decal for a mobile refreshment cart license “D”, “E” or “I”.

2. Every licensee operating a mobile refreshment cart shall ensure that the decal furnished pursuant to Section 6 is properly affixed to the upper right corner of the plate and that the plate is attached to the right rear of the mobile refreshment cart for which it has been issued so as to be clearly visible to the public during the currency of the license.

3. Every licensee shall ensure that the license issued by the Chief License Inspector is posted on or in the mobile refreshment cart and visible to the public.

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 6 (1).

6. 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 a mobile refreshment cart 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 a mobile refreshment cart does not constitute the granting of authority to vend on private property.

(3) 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.

(4) No person shall vend on private property of the City without first obtaining permission.

(5) No person shall vend on private property of the City without first obtaining permission from the City.

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

(7) Licensed mobile refreshment cart operators who hold a permit issued under the Designated Space Programme By-law or who are exempted from holding a permit under the Designated Space Programme By-law may vend on City highways within the removal zone.

(8) Licensed mobile refreshment cart operators 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, a by-law to regulate special events on City streets, as amended, may vend within the special event area.

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

(10) No person shall vend from a mobile refreshment cart on the street or sidewalk without a valid permit to do so issued pursuant to the Designated Spaces Programme By-law or authorized to do so pursuant to the Designated Spaces Programme By-law.

(11) The Chief License Inspector may require that a licensee relocate his or her mobile refreshment cart by presenting a written notice indicating the reason for the request for relocation and indicating when the relocation must be completed.

(12) No person shall locate or operate a mobile refreshment cart:

(a) within forty six (46) metres of a Food Premises;

(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) metres of a vendor who holds an encroachment permit pursuant to By-law 2003-446 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.

(13) The distance from a Food Premises is measured to the property line for a stand-alone Food Premises and to the building for a Food Premises in a shopping plaza or shopping centre.

(14) Despite subsection (12)(a) a licensee may operate less than 46 metres from a Food Premises provided that the licensee obtains a written letter from the affected Food Premises stating that they do not object to the operation of the mobile refreshment cart at the intended location. A copy of this letter shall be provided to the Chief Licensing Inspector. The wording of the letter shall be to the Chief Licensing Inspector’s satisfaction.

(15) No licensee who vends shall locate a vending activity or anything on any portion of a sidewalk that, is located within six (6) metres on either side of the area referred to subsection 13.

(16) For the purposes of subsection (12), 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.

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

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

INSURANCE

8. (1) Every owner or operator of a mobile refreshment cart shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $1,000,000.00 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 mobile refreshment cart for which a license has been applied for or obtained.

INDEMNIFICATION

LICENSE TRANSFER

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 Section 8 (1) and (2) a license “F” or “G” shall 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 TRANSFER

11. Despite section 9 location transfers shall be permitted upon approval of the Chief License Inspector.

MOBILE REFRESHEMNT CART AND EQUIPMENT STANDARDS

12. (1) Mobile refreshment carts shall be purpose-built and suitably designed for the licensed business and shall not include a table with casters.

(2) Every licensee shall keep his or her mobile refreshment cart at all times in a clean and sanitary condition and in a state of good repair and appearance.

(3) Every licensee shall use a mobile refreshment cart that is capable of immediate relocation by the user;

(4) 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.

(5) Every licensee using a mobile refreshment cart shall have attached or painted on two sides of the exterior body of the mobile refreshment cart, in a clearly visible position, a sign showing his or her trade name legibly printed in letters and figures not less than seven centimetres (7 cm) in height.

(6) Every licensee using a mobile refreshment cart with a food heating capability or electric heater shall ensure that his or her mobile refreshment cart is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended and Regulation 213, as amended , enacted thereunder.

(7) Where reports have been received from the Medical Officer of Health in respect of the mobile refreshment cart, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the mobile refreshment cart, or equipment related to the mobile refreshment cart operation, without the prior approval of the Chief License Inspector.

MOBILE REFRESHMENT CART STANDARDS

13. (1) Every mobile refreshment cart 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 m) 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 mobile refreshment cart may have a canopy or umbrella 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 mobile refreshment cart prescribed by Section 11 provided that:

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

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

(4) Despite subsection (3), where the canopy is an umbrella it may extend beyond the dimensions of the mobile refreshment cart prescribed by Section 11 provided that:

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

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

(c) the extension of the umbrella is at the height of not less than two point two (2.20 m) metres measured from the ground, and

(d) the umbrella is securely attached to the mobile refreshment cart.

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

(6) The maximum height of the display on or in the mobile refreshment cart shall not exceed a height of one point four (1.4 m) metres as measured from the ground to the top of the display.

(7) No person shall vend with or from a mobile refreshment cart that does not comply with the provisions of this section.

(8) 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.

DIMENSIONS OF HAND-POWERED VEHICLE

14. (1) No person 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.

(11) Despite section 11 (1) a licensee may make a request in writing to the Chief License Inspector to increase the size of their mobile refreshment cart on the sidewalks of the City, as long as the size increase does not exceed the aforementioned dimensions by more than 10%.

(12) Subject to section 11 (1), the provisions 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.

(13) No person shall use a hand‑powered vehicle for vending that is,

(a) not structured so as to be safe and stable with or without goods, wares or merchandise therein, or

(b) not capable of easy relocation by the user.

DIMENSIONS OF PEDAL-POWERED VEHICLE

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

(2) Subject to section 11 (1), the provisions do not apply to prevent a person from using a pedal‑powered vehicle for vending on private property so long as it is on private property.

(3) No person shall use a pedal‑powered vehicle for vending that is,

(a) not structured so as to be safe and stable with or without goods, wares or merchandise therein, or

(b) not capable of easy relocation by the user.

GENERAL REGULATIONS

16. (1) No licensee shall carry, sell, offer or expose for sale any food product that is prohibited by the Medical Officer of Health.

(2) No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.

(3) 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 a Peace Officer:

(a) a copy of the 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;

(c) a copy of the permission from the property owner 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;

(d) a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended

(4) No licensee shall fail to submit the mobile refreshment cart for inspection if requested to do so by a By-law Officer or a Peace Officer.

(5) No licensee of a class “F”, “G” or “H” license issued after January 1, 2008 shall operate for less than fifty percent of the time from the designated space issued pursuant to the Designated Space Programme By-law.

(6) No licensee shall fail to relocate the mobile refreshment cart if requested to do so.

(7) No licensee shall fail to take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.

(8) No licensee shall fail to ensure that the licensed business does not:

(a) interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City;

(b) interfere with a designated fire route pursuant to by-law 2003-499, being a by-law of the City of Ottawa to designate Fire Routes;

(d) interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises;

(9) Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.

(10) No licensee shall change his or her particular vending location during the currency of the license without the prior approval of the Chief License Inspector.

(11) No licensee shall allow modifications to the mobile refreshment cart or equipment used in the licensed business without the prior approval of the Chief License Inspector.

(12) Every licensee shall ensure that any grease or water used in the business is disposed of in a manner that complies with all municipal, provincial and federal statutes, laws, by-laws and regulations.

(13) No licensee shall sell goods or refreshments that are not authorized by the license category.

(14) Every licensee shall relocate the mobile refreshment cart immediately upon being so directed by the Chief License Inspector.

(15) Every licensee shall submit for inspection any equipment or vehicle upon being so directed by the Chief License Inspector.

(16) Every licensee shall ensure that he or she conforms, where applicable, to

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

(b) By‑law Number 2003-530 being a by‑law of the City of Ottawa regulating traffic and parking on highways, as amended,

(17) No person who vends with or from a mobile refreshment cart on the highway shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the mobile refreshment cart.

(18) Every licensee who vends on the street shall restrict such sales to occur between 5:30 o'clock in the forenoon (5:30 a.m.) and midnight in the afternoon of the same day.

(19) Every licensee shall ensure that his or her mobile refreshment cart or any article used in the business is removed from the highway between the hours of midnight in the afternoon of one day to 5:30 o'clock in the forenoon (5:30 a.m.) of the next following day.

(20) No person who vends shall leave the mobile refreshment cart or anything on the highway after the vending activity has ceased, or after midnight in the afternoon whichever occurs first.

(21) No licensee shall leave his or her mobile refreshment cart unattended on the highway for a period of time in excess thirty (30) minutes between 5:30 o'clock in the forenoon (5:30 a.m.) and midnight in the afternoon of the same day.

(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 in the afternoon.

(23) No licensee who vends on a sidewalk with or from a mobile refreshment cart 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.

(24) No licensee who is vending on a sidewalk from or with a mobile refreshment cart shall occupy 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.

(25) No licensee shall vend with or from a mobile refreshment cart, other than a hand-powered vehicle, on a boulevard that has been improved with asphalt, decorative bricks, concrete or other fabricated substances.

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

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

(28) No licensee 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.

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

(30) 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.

REQUIREMENT FOR GARBAGE OR LITTER CONTROL

17. (1) Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the mobile refreshment cart at suitable locations to keep up with the amount of trash generated by the vending operation.

(2) Every licensee shall ensure that the trash created by the vending activity shall be disposed of as required to prevent overflow, when the mobile refreshment cart business is in operation.

(3) Every licensee shall ensure that the trash resulting from his or her vending activity is collected and removed from the vending area when the person ceases the vending activity for the day and leaves the vending area.

(4) For the purposes of this Section, the placing of the trash in a sidewalk refuse container provided by the City is not sufficient to constitute removal.

(5) Every licensee shall ensure that the trash receptacle placed outside the mobile refreshment cart is removed from vending area and that the garbage is disposed of in a proper manner when the business closes at the end of the day.

REPRESENTATION

18. (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 the alteration, erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing or designate who has initialized the change.

Schedule No. 25

Relating to Refreshment Stands

LICENSE REQUIRED:

1. (1) The following refreshment stand licenses may be issued pursuant to this Schedule:

(a) a License “A,” an annual license to a person operating a refreshment stand at special events on private or pub

(b) a License “B,” a six-month license to a person operating a refreshment stand at special events on private or public property 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 a refreshment stand at special events on private or public property from the 15^th of one month until the 14^th of the following month.

(d) a License “D,” a special event license to a person operating a refreshment stand at special events on private or public property from one (1) to twenty-one (21) consecutive days.

(e) a License “E,” a special event per day license to a person operating a refreshment stand at special events on private or public property from one (1) to four (4) consecutive days.

(2) Every person who owns or operates a refreshment stand shall obtain a separate license for each refreshment stand.

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;

(d) the Central Canada Exhibition,

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

(i) Ward 5 - West Carleton March

(j) Ward 19 – Cumberland

(k) Ward 20 – Osgoode

(l) Ward 21 – Rideau – Goulbourn

(3) Despite subsection (1), the operator of a refreshment stand must comply with all municipal, provincial and federal acts, regulations and by-laws.

CONDITIONS FOR ISSUANCE

3. (1) No applicant for a refreshment stand license shall be issued a license unless:

(b) the applicant is at least eighteen (18) years of age,

(d) the applicant has provided details of the refreshment stand to be used in the business including:

(i) a recent photograph of the refreshment stand to be used in the business,

(ii) the type of heating and cooking equipment used,

(iii) other equipment to be used in the business,

(iv) the make, model, style and serial number of the refreshment stand where available.

(e) where applicable the applicant has provided a recent certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000 S.O. 2000, c.16, as amended with respect to the refreshment stand,

(f) the applicant has filed proof of insurance in accordance with the requirements of section 8.

(g) the applicant has met all requirements of the Health Protection and Promotion Act R.S.O. 1990, c. H7, as amended, and of Regulation 562 enacted thereunder,

(h) the Medical Officer of Health has reported in writing that the refreshment stand is suitable for the purpose of the license application and is in a sanitary condition,

(i) the Chief License Inspector has reported in writing, that the refreshment stand and its equipment are suitable for the vending operation noted in the application,

(j) the applicant has furnished details as to the special event, including its location, dates and duration, hours of operation and the promoter’s contact information,

(k) the applicant has filed written proof that the owner of the property on which the vending will occur has granted permission to the applicant for use of the property for the vending business indicated on the application at the special event, and

(l) the applicant has paid the fees set out in Schedule “A”.

CONDITIONS FOR RENEWAL OF LICENSE

4. (1) The Chief License Inspector may require the licensee submit his or her refreshment stand and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.

(3) The licensee shall ensure that prior to the expiration of the license, his or her refreshment stand and vending equipment is submitted for inspection, where applicable, to,

(a) the Medical Officer of Health, and

(b) the Chief License Inspector

as if the applicant was filing an original application.

(4) 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 a refreshment stand license or may refuse to renew a license if,

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

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

(c) the Medical Officer of Health has not reported in writing that the refreshment stand or vending equipment is suitable for the purpose of the license application and is in sanitary condition;

(d) the location from which the applicant proposes to operate the refreshment stand 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,

(e) the certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000 S.O. 2000, c.16. as amended with respect to the stand, does not meet the provisions of this by-law;

(f) the Chief License Inspector has not reported, or has reported in writing that, where applicable, the refreshment stand or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.

ISSUANCE OF LICENSE

6. (1) Every licensee shall ensure that the license issued by the Chief License Inspector is posted on or in the refreshment stand is visible to the public.

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

(3) Every licensee who vends under the authority of a license shall ensure that the license corresponds with the stand for which it was issued.

(4) 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 a refreshment stand does not constitute the granting of authority to vend on any of the highways in the City.

(14) The issuance of a license to operate a refreshment stand does not constitute the granting of authority to vend on private property.

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

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

ii. 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.

(17) Licensed refreshment stand operators 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 may vend within the special event area.

(18) 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.

(19) No person shall vend on private property of the City without first obtaining the written permission from the City.

(20) No person shall locate or operate a refreshment stand:

(a) within forty-six (46) metres of a Food Premises, if the Food Premises is open for business during the special event.

iii. in a residential zone as specified by the applicable Zoning by-law

iv. within twenty (20) metres of a vendor who holds an encroachment permit pursuant to By-law 2003-446 or a designated space permit pursuant to the Designated Space Programme By-law;

v. within three (3) metres of another vendor;

vi. within six (6) metres of a pedestrian mall or promenade; or

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

(21) Despite Section 6 (b), (e), and (f) vendors participating in a special event held pursuant to the Special event By-law are exempt.

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

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

INSURANCE

8. (1) Every owner or operator of a refreshment stand shall file with the Chief License Inspector proof of Commercial General Liability insurance subject to limits of not less than $1,000,000.00 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 refreshment stand for which a license has been applied for or obtained

INDEMNIFICATION

LICENSE TRANSFER

10. (1) No license issued pursuant to this Schedule shall be transferred 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.

REFRESHMENT STAND AND EQUIPMENT STANDARDS

11. (1) Every licensee shall ensure that the refreshment stand used in the business is safe and stable with or without refreshments therein.

(2) Every licensee shall keep his or her refreshment stand at all times in a clean and sanitary condition and in a state of good repair and appearance.

(3) 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.

(4) Every licensee using a refreshment stand shall have 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, and visible to the public.

(5) Every licensee using a refreshment stand with a food heating capability or electric heater shall ensure that his or her refreshment stand is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended and Regulation 213, as amended , enacted thereunder.

(6) Where reports have been received from the Medical Officer of Health in respect of the refreshment stand, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the refreshment stand, or equipment related to the refreshment stand operation, without the prior approval of the Chief License Inspector.

GENERAL REGULATIONS

12. (1) No licensee shall carry, sell, offer or expose for sale any food product which is prohibited by the Medical Officer of Health.

(2) No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.

(3) No licensee or 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:

(i) a copy of the license,

(ii) 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,

(iii) a copy of the permission from the property owner 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,

(iv) a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16. as amended

(4) Every licensee shall cooperate by submitting for inspection and relocating if requested to do so by a By-law Officer or a Peace Officer.

(5) 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.

(6) No licensee shall fail to ensure that the licensed business does not:

(a) interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City;

(b) interfere with a designated fire route pursuant to by-law 2003-499, being a by-law of the City of Ottawa to designate Fire Routes;

(d) interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises.

(7) Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.

(8) Every licensee shall ensure the refreshment stand is located in accordance with the plan submitted with the application.

(9) No licensee shall change his or her particular place during the currency of the license without the approval of the Chief License Inspector.

(10) No licensee shall allow modifications to the equipment without the prior approval of the Chief License Inspector.

(12) Every licensee shall ensure that he or she conforms, where applicable, to

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

(b) By‑law Number 2003-530 being a by‑law of the City of Ottawa regulating traffic and parking on highways, as amended,

(13) No licensee 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.

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

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

REQUIREMENT FOR GARBAGE OR LITTER CONTROL

13. (1) Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the refreshment stand at suitable locations to keep up with the amount of trash generated by the vending operation.

(2) Every licensee shall ensure that the trash created by the vending activity shall be disposed of as required to prevent overflow, when the refreshment stand business is in operation.

(3) Every licensee shall ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area when the person ceases the vending activity for the day and leaves the vending area.

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

REPRESENTATION

14. (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.