2. BY-LAWS – DESIGNATED SPACE PROGRAMME – ROADWAY/SIDEWALK VENDING - AMENDMENTS

REGLEMENTS MUNICIPAUX – PROGRAMME DE PLACES DESIGNEES - MODIFICATIONS

COMMITTEE RECOMMENDATIONS as amended

That Council repeal the existing Designated Space Programme By-law 300-96, as amended, and enact a new Designated Space Programme By-law to reflect existing regulations and to revise certain administrative provisions as detailed in Document 1, to :

1. Up-date Designated Space Programme Committee powers and appeal process provisions;

2. Up-date Schedules that lists designated spaces and to repeal a number of vacant spaces;

3. Repeal the current method of allocation (proposal call);

4. Establish a lottery process to allocate vacant spaces at the discretion of the Chief License Inspector;

5. Establish a three year permit period;

6. Establish new permit fees and new installment payment provisions;

7. Allow a permit holder to transfer the permit to an immediate family member without the condition that the permit holder be unable to continue to operate the business;

8. Delegate authority to the Chief License Inspector to transfer a permit if so directed by a Court decision;

9. Impose on the permit holder the responsibility of the actions of his or her employees; and

10. Incorporate the necessary minor administrative amendments, including but not limited to the addition of definitions, renumbering of the sections, incorporating the necessary transition provisions, and correcting other minor errors, to accommodate and give full effect to the amendments outlined in the recommendations and attached proposed by-law.

11. WHEREAS the proposed by-law wording 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 requires that licensees of certain on-street and on-sidewalk vending categories to operate the vending operation at least 50% of the time;

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

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

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

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

THEREFORE BE IT RESOLVED THAT Council delete Section 21 (3) (vi) of the proposed Designated Space Programme By-law.

12. WHEREAS the Business Advisory Committee (BAC) at its meeting of November 13, 2007 moved to approve the staff recommendations subject (in part) to the following recommendation being considered: “That Designated Space Permit Holders not be permitted to obtain another designated space permit thereby opening the industry to people who do not currently hold a permit.”

AND WHEREAS Community and Protective Services does not object to the suggestion and proposes the amendment noted below to give effect to the BAC recommendation by making it a requirement that an applicant for the lottery to allocate designated space permits cannot already be a designated space permit holder;

THEREFORE BE IT RESOLVED that Council amend the proposed by-law attached as Document 1 of the report to include the following after section 21. (3) (iii) (C):

“21. (3) (iii) (D) to not be a Designated Space Permit Holder.

RecommandationS modifiÉEs du comité

Que le Conseil municipal d’abroger l’actuel Règlement n^o 300‑96 modifié sur le Programme de places désignées et d’en adopter un nouveau afin de refléter la réglementation existante et de réviser certaines dispositions administratives, tel qu’il est précisé dans le Document 1, pour :

1. désigner le « comité des permis » comme l’autorité chargée d’administrer le règlement, y compris les appels, et d’améliorer la procédure d’appel;

2. mettre à jour les annexes qui énumèrent les places désignées et de supprimer un certain nombre de places vacantes;

3. abroger la méthode d’attribution actuelle (par appel de propositions);

4. établir un processus d’attribution des places vacantes par tirage dont la mise en œuvre sera laissée à la discrétion de l’inspecteur en chef des permis;

5. fixer la durée de validité des permis à trois ans;

6. élaborer une nouvelle grille des droits exigibles pour les permis et de nouvelles dispositions concernant les versements échelonnés;

7. permettre au titulaire d’un permis de tranférer celui‑ci à un membre de sa famille immédiate et éliminer la condition autorisant un tel transfert uniquement lorsque le titulaire du permis est incapable de poursuivre l’exploitation du commerce;

8. autoriser l’inspecteur en chef des permis à transférer un permis lorsqu’une décision du tribunal l’exige;

9. tenir le titulaire de permis responsable des actes de ses employés;

10. apporter les modifications mineures d’ordre administratif s’avérant nécessaires, notamment l’ajout de définitions, la renumérotation des articles, l’intégration des dispositions nécessaires relatives à la transition et la correction d’autres erreurs sans grande importance, de manière à ce que les modifications énoncées dans les recommandations ainsi que dans le règlement proposé ci-joint soient prises en compte.

11. ATTENDU QUE la formulation proposée du règlement 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 exige des titulaires de permis de certaines catégories de vente sur rue ou sur trottoir qu’ils soient responsables des ventes au moins 50 % du temps;

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

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

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

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

IL EST DONC RÉSOLU QUE le Conseil supprime l’article 21 (3) (vi) du règlement proposé sur le Programme de places désignées.

12. ATTENDU QUE le Comité consultatif sur les affaires (CCA), lors de sa réunion du 13 novembre 2007, a proposé d’approuver les recommandations du personnel (en partie) selon lesquelles la recommandation suivante est envisagée : « Que les titulaires de permis de places désignées n’aient pas le droit d’obtenir un autre permis de places désignées, ouvrant donc l’industrie à des personnes qui ne détiennent pas présentement de permis. »

ET ATTENDU QUE les Services communautaires et de protection ne s’opposent pas à la suggestion et proposent la modification mentionnée ci‑dessous, soit de faire appliquer la recommandation du CCA selon laquelle on exige qu’un candidat au tirage pour l’attribution des permis de places désignées ne doit pas déjà être le titulaire d’un permis de places désignées;

IL EST DONC RÉSOLU QUE le Conseil modifie le règlement proposé ci‑joint à titre de document 1 du rapport en vue d’inclure la mention suivante après l’article 21 (3) (iii) (C) :

« 21 (3) (iii) (D) de ne pas être titulaire d’un permis de places désignées. »

DOCUMENTATION

1. Deputy City Manager, Community and Protective Services report dated 5 November 2007 (ACS2007-CPS-BYL-0053).

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

5 November 2007 / le 5 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

7- Bay; 8-College; 10- Gloucester-Southgate; 11-Beacon Hill; 12-Rideau-Vanier; 13-Rideau-Rockcliffe; 14-Somerset; 15-Kitchissippi; 16-River; 17-Capital; 18-Alta Vista

Ref N°: ACS2007-CPS-BYL-0053

SUBJECT:

BY-LAWS – DESIGNATED SPACE PROGRAMME – ROADWAY/SIDEWALK VENDING - AMENDMENTS

OBJET :

RÈGLEMENTS MUNICIPAUX - PROGRAMME DES PLACES DÉSIGNÉES - MARCHANDS AMBULANTS - MODIFICATIONS

REPORT RECOMMENDATIONS

That the Community and Protective Services Committee recommend that Council repeal the existing Designated Space Programme By-law 300-96, as amended, and enact a new Designated Space Programme By-law to reflect existing regulations and to revise certain administrative provisions as detailed in Document 1, to :

1. Establish the “License Committee” as the authority to administer provisions of the by-law including appeals, and establish enhanced appeal process provisions;

2. Update Schedules that list designated spaces and to repeal a number of vacant spaces;

3. Repeal the current method of allocation (proposal call);

4. Establish a lottery process to allocate vacant spaces at the discretion of the Chief License Inspector;

5. Establish a three year permit period;

6. Establish new permit fees and new installment payment provisions;

7. Allow a permit holder to transfer the permit to an immediate family member without the condition that the permit holder be unable to continue to operate the business;

8. Delegate authority to the Chief License Inspector to transfer a permit if so directed by a Court decision;

9. Impose on the permit holder the responsibility of the actions of his or her employees; and

10. incorporate the necessary minor administrative amendments, including but not limited to the addition of definitions, renumbering of the sections, incorporating the necessary transition provisions, and correcting other minor errors, to accommodate and give full effect to the amendments outlined in the recommendations and attached proposed by-law.

RECOMMANDATIONS DU RAPPORT

Que le Comité des services communautaires et de protection recommande au Conseil municipal d’abroger l’actuel Règlement n^o 300‑96 modifié sur le Programme de places désignées et d’en adopter un nouveau afin de refléter la réglementation existante et de réviser certaines dispositions administratives, tel qu’il est précisé dans le Document 1, pour :

1. désigner le « comité des permis » comme l’autorité chargée d’administrer le règlement, y compris les appels, et d’améliorer la procédure d’appel;

2. mettre à jour les annexes qui énumèrent les places désignées et de supprimer un certain nombre de places vacantes;

3. abroger la méthode d’attribution actuelle (par appel de propositions);

4. établir un processus d’attribution des places vacantes par tirage dont la mise en œuvre sera laissée à la discrétion de l’inspecteur en chef des permis;

5. fixer la durée de validité des permis à trois ans;

6. élaborer une nouvelle grille des droits exigibles pour les permis et de nouvelles dispositions concernant les versements échelonnés;

8. autoriser l’inspecteur en chef des permis à transférer un permis lorsqu’une décision du tribunal l’exige;

9. tenir le titulaire de permis responsable des actes de ses employés;

EXECUTIVE SUMMARY

The report recommends that the Designated Space Programme By-law 300-96, be repealed and that a new By-law be enacted to reflect existing regulations and up-dated administrative provisions aimed at:

i) incorporating clearer provisions related to the License Committee and appeal process;

ii) repealing the current unutilized method of allocation (proposal call) and replacing it with a lottery to allocate vacant spaces;

iii) introducing a three year permit;

iv) revising the permit fees;

v) up-dating the designated spaces Schedules.

Designated Space Permit holders, affected Business Improvement Areas and the Business Advisory Committee have been consulted and a Notice appeared in the Ottawa Citizen, the Ottawa Sun and Le Droit to inform the general public of the recommendations. Comments are incorporated in the report. The proposed modifications to the programme are not expected to impact the general public and there are no financial implications to the City as a result of the recommendations.

RÉSUMÉ

Le rapport recommmande l’abrogation du Règlement no 300‑96 sur le Programme de places désignées et l’adoption d’un nouveau règlement pour refléter la réglementation existante et effectuer les mises à jour suivantes des dispositions administratives :

i) clarification des dispositions liées au Comité des permis et à la procédure d’appel;

ii) substitution d’un processus d’attribution par tirage à la méthode d’attribution des places vacantes par appel de propositions, actuellement inutilisée;

iii) établissement d’une durée de validité des permis de trois ans;

iv) révision des droits exigés pour l’octroi de permis;

v) mise à jour des listes de places désignées figurant en annexe.

Les titulaires de permis visant des places désignées, les zones d’amélioration commerciale et le Comité consultatif sur les affaires ont été consultés et un avis a été publié dans l’Ottawa Citizen, l’Ottawa Sun et Le Droit afin d’informer la population des recommandations. Le rapport fait état des commentaires qui ont été formulés. Les modifications proposées au programme ne devraient pas avoir d’incidence sur le grand public et les recommandations n’entraîneront aucune répercussion financière pour la Ville.

BACKGROUND

The City of Ottawa Act, 1996, provides Council the authority to enact a Designated Space Programme By-law within the geographic area of the former City of Ottawa. The Act prescribes the extent that the Designated Space Programme By-law may regulate, including but not limited to :

i) Designating Vending Spaces on Streets and Sidewalks;

ii) Designating Removal Zones;

iii) Establishing a permit allocation process;

iv) Limiting permit transfers to immediate family members;

v) Establish permit fees;

The Designated Space Programme By-law was enacted to designate on-street and on-sidewalk vending spaces in the former City of Ottawa.

In the mid 1990’s, at the time the Designated Space Programme By-law was first established approximately 100 spaces (30 – on-street spaces and 70 – on-sidewalk spaces) were designated within the downtown area, and the downtown area was designated as a ‘Removal Zone’ creating an area where vending from the street or sidewalk required the vendor to operate from one of the designated spaces. Vending from the street or sidewalk is only permitted if the vendor holds a valid vending license and a designated space permit to operate from a specific designated space.

The Designated Space Programme By-law applies only to the former City of Ottawa and cannot be expanded to other areas of the new City in its current format, under the original enabling legislation.

On April 26, 2006, the Designated Space Programme By-law was amended by Council to allow for the creation of a second removal zone; and to allow for the designation of additional on-street and on-sidewalk vending spaces outside the Downtown Core within the former City of Ottawa borders (see report Ref. No. ACS2006-CPS-BYL-0016).

Today there are a total of only 28 designated space permits issued (12 – roadway spaces and 16 – sidewalk spaces) for vending within the downtown area and approximately 26 recently created spaces (12 – roadway spaces and 14 – sidewalk spaces) outside the downtown area but within the borders of the former City of Ottawa.

In April, 2006, Council also directed staff to report back in 2007 with a comprehensive review of the Designated Space Programme By-law to address the following matters :

(a) Recommendations related to the Homelessness Task Force Recommendations;

(b) Transferability of the Designated Spaces Permits to people other than immediate family members of the permit holder;

(d) Introducing a City-wide programme; and

(e) Allocation of spaces – reviewing the benefits and disadvantages of introducing the prescribed Proposal Call in 2008.

A brief history of the Designated Space Programme By-law is provided in Document 3, entitled : « The Designated Space Programme By-law – History ».

DISCUSSION

The recommendations are aimed at enhancing the administrative processes of the programme and providing a measure of stability and some flexibility for the current permit holder vendors while providing an opportunity to other vendors wishing to participate in the strictly regulated programme. The proposed recommendations are not expected to have a significant impact on the public.

As stated, Council directed staff to report back in 2007 with a comprehensive review of the Designated Space Programme By-law and to report back with recommendations to address the Homelessness Task Force Recommendations related to vending by people who are homeless or at risk of becoming homeless.

Homelessness Task Force Recommendations

Staff has undertaken preliminary consultation with a number of stakeholders. Options presented require more development and staff requires time to consult with various stakeholders on the options. Community and Protective Services will report back to the Community and Protective Services Committee and Council in January 2008.

Recommendations

(a) Establish the “License Committee” as the authority to administer provisions of the by-law including appeals, and to establish the appeal process provisions;

The existing and proposed Designated Space Programme By-laws provide permit holders or applicants the opportunity to appeal certain decisions of the Chief License Inspector (i.e. refusal to issue or renew a permit, revocation or suspension of a permit) to the License Committee.

The recommendation proposes to designate the License Committee to replace the term Designated Space Programme Committee. The changes proposed related to the License Committee’s powers and appeal process reflect those found in more recent Licensing By-laws.

The proposed provisions will provide clearer more detailed information related to the appeal process and will not impact the rights and privileges of the permit holder or an applicant wishing to appeal a decision of the Chief License Inspector. The recommendation is not expected to significantly increase the number of appeals heard by the License Committee.

(b) Up-date Schedules that lists designated spaces to repeal a number of vacant spaces

The current Designated Space Programme By-law utilizes Schedules to list the location and identify the designated spaces as well as the type of items permitted to be sold at the vending space. It is recommended to continue the use of Schedules to list similar information in the new by-law.

Over the years a number of designated spaces have been vacated through attrition or otherwise. Typically, the by-law was amended by means of staff reports to Committee and Council recommending that vacant spaces be removed from the By-law. However, since amalgamation the Designated Space Programme By-law has not been amended to reflect the existing status of the designated spaces.

The primary objective of deleting vacated spaces was to reduce the overall number of spaces through attrition until an appropriate number of vending spaces was reached. Initially the Designated Space Programme By-law designated approximately 100 spaces within the downtown area (30 on-street spaces and 70 on-sidewalk spaces). Today only twelve (12) roadway and sixteen (16) sidewalk vending spaces are being occupied in the downtown core.

Community and Protectives Services is of the opinion that the primary objective of the programme to reduce the number of vending spaces has been achieved and the on-going automatic elimination of spaces is no longer required.

It is therefore proposed to include in the new Designated Space Programme By-law revised Schedules that reflect existing spaces currently occupied by permit holders, and to retain four (4) additional designated spaces in the inventory to allow for temporary relocations.

The recommendation proposes to maintain fifty eight (58) of the suitable vending locations of which four 4 spaces will be retained to provide relocation opportunities for existing permit holders whenever a temporary relocation is required due to reconstruction, maintenance of downtown streets or other major construction. Staff evaluated the vacant spaces and selected from the vacant spaces those to be proposed for the new by-law.

The Schedules in Document 1 attached to this report provide details of the proposed designated spaces. The Schedules indicate (for information purposes) the status (vacant or occupied) of the current spaces available and the spaces marked for deletion and retention.

Designated Spaces within Removal Zone A (Former Ottawa - Downtown)

Original Current Proposed

Roadway spaces - Schedule B 30 12 14

Sidewalk spaces - Schedule C 70 16 18

Designated Spaces within Removal Zone A-2 (Former Ottawa outside Removal Zone A)

Original Current Proposed

Roadway spaces - Schedule F 12 13 13

Sidewalk spaces - Schedule G 14 15 15

Canada Day - Designated Spaces

No changes to the existing Canada Day Designated Spaces within Removal Zone A-1 (Former Ottawa) are proposed at this time and the spaces will be reflected in the new Designated Spaces By-law.

(c) Repeal the current method of allocation (proposal call);

The current Designated Space Programme By-law (300-96) prescribes that all designated spaces be re-allocated by way of a proposal call at the end of every three-year permit period. The prescribed (proposal call) allocation process has the potential of requiring every permit holder to relocate every three years and having to bid for their original space. The process is deemed to create uncertainty and could make it more difficult for the vendors to obtain the financing required to invest back in their business (vehicle and equipment).

Over the years, by decisions of Council, the prescribed « proposal call » allocation process was never implemented and the permits were allocated to the current permit holder on a year-to-year permit renewal basis. The original permit holders have been allowed to maintain their original designated space as long as they continued to comply with related regulations.

The rationale for the initial proposal call and a three year permit period (after which the permit holder would not have a right of renewal), was to allow other licensees (restricted to the holders of special licenses issued by the former City of Ottawa to vend on the street or sidewalk) to participate in the programme; and, to deter from the creation of artificial market value for the permit or space.

During the past year, licensees who hold former City of Ottawa licenses to vend from the street or sidewalk, but did not have a designated space, were required to settle at newly suitable designated spaces (of their choice) within former Ottawa boundaries but outside the original Downtown Zone.

The prescribed three-year permit period will be retained (with no right of renewal after the term of the permit) and is expected to create an effective deterrent to artificial market value. Subject to the approval of the year-to-year permit renewal and the approval of the lottery as the allocation process for vacant designated spaces, the proposal call method of allocation is no longer necessary or appropriate.

Allowing the current permit holders to remain at the designated space on a year-to-year basis (to be re-evaluated every three years) will provide the permit holder with some stability required by such businesses.

(d) Establish a lottery process to allocate vacant spaces at the discretion of the Chief License Inspector;

The Community and Protective Services Department recommends adoption of a lottery to allocate vacant designated spaces. The recommendation proposes that the lottery be held at the discretion of the Chief License Inspector (CLI). The CLI will be required to place a notice in the three area daily newspapers (the Ottawa Citizen, Le Droit and The Ottawa Sun) in April of the year when the decision has been made to allocate one or more vacant space.

The Notice of intent to hold the lottery will list the type and location of the spaces being considered for allocation, the qualifications required to participate in the lottery, and contact information of the appropriate staff to answer related inquiries. A similar notice will be forwarded to affected Business Improvement Areas, departments and agencies that could be impacted, and the Councillor in whose Ward the spaces are located.

Lottery Details

Individuals interested in obtaining a designated space permit will be required to apply to participate in the lottery by notifying the Chief License Inspector in writing before June of the year following the Notice by the Chief License Inspector.

To qualify, an applicant for a designated space permit will be required to:

(i) Apply in person, be at least eighteen (18) years of age, and pay the requesite $100 Lottery fee;

(ii) Hold a valid vending license of the appropriate category or provide suitable proof of least two (2) years experience in outdoor refreshment vending;

(iii) Be able to commence operating within 30 days of the start of the following license period;

(iv) Agree to operate the refreshment vehicle at least 50% of the time the space is occupied; and

(v) Comply with all related laws and regulations.

The proposed allocation process and related requirements are aimed at making sure that any potential designated space permit holder has suitable experience with outdoor vending activities and that the permit is not sought to simply then lease the permit to an operator.

The successful candidates who participate in the lottery and whose names are selected for a designated space permit will be required to apply for and obtain both the appropriate license to vend from the street or sidewalk issued under Licensing By-law 2002-189 Schedules 21, 22 and 24, and also apply and obtain the related designated space permit issued under the proposed new Designated Space Programme By-law.

(e) Establish a three year permit period;

The current Designated Space Programme By-law prescribes a three-year permit period with no right of renewal at the end of the permit period.

The Department believes that a three-year permit term for designated space permits is appropriate and so recommends. Further, it is recommended that the three-year permit not provide a right of renewal at expiry of the 3 year permit term. It is also suggested that the Chief License Inspector not unreasonably withhold the renewal of the designated space permit for permit holders who maintain compliance with all related by-laws during the previous permit period.

To simplify the administration of the issuance of permits, it is proposed that commencing with permits issued or renewed on May 15, 2008, the term of the permit shall be three (3) years expiring on May 14, 2011. In addition, that the permit period for designated space permits issued between May 15, 2008 and April 14, 2011 shall also be and expire on May 14, 2011.

The fee for designated space permits, not issued at the begining of the permit period shall be pro-rated on a monthly basis of the remaining permit period (Full Permit fee divided by 36 multiplied by the number of complete months remaining in the permit term.)

The right to continue operating at a designated space is subject to the licensee paying the prescribed annual installments in accordance with the by-law and compliance with all relevant by-laws and regulations.

(f) Establish new permit fees and new installment payment provisions;

The City of Ottawa Act 1996 gives Council the authority to establish fees for designated space permits.

When establishing the designated space permit fees in the mid 1990s, the then Council considered the following elements: consideration for use of public property, enforcement and administration costs, maintenance and material costs, parking metre revenues losses. The annual permit fees have been revised over the years to reflect cost of living increases.

The proposed three year permit fees (and corresponding annual installments) and the current annual permit fees for both roadway and sidewalk designated spaces located within the original removal zone (dowtown core) and the second removal zone (former City of Ottawa outside the downtown area) are tabled below for information and comparison purposes.

Proposed Annual Installments – Designated Space - Permit Fee

Table 1

Sidewalk Spaces	Current Annual Fee	Proposed fee 3yr Permit	Proposed Annual Installments – Permit Fees
	2007	2008-2010	2008	2009	2010
Zone 1 Downtown	$1,425	$4,800	$1,500	$1,600	$1,700
Zone 2 Old Ottawa	$ 700	$2,400	$ 750	$ 800	$ 850

Table 2

Street Spaces	Current Annual Fee	Proposed fee 3yr Permit	Proposed Annual Installments – Permit Fees
	2007	2008-2010	2008	2009	2010
Zone 1 Downtown	$3,300	$11,250	$3,500	$3,750	$4,000
Zone 2 Old Ottawa	$1,500	$5,100	$1,600	$1,700	$1,800

(Note : So as not to overburden permit holders the proposed three-year permit fee will be divided in three (3) annual installments. The installments are not equal to allow for more gradual permit fee increases. The vendors will continue to have the privilege of paying the annual installments in two equal installments on June 1 and September 1 of each of the years in the permit term.)

Failure to pay the required amount by the prescribed dates may result in the permanent revocation of the designated space permit.

Community and Protective Services recommends that the permit fees for spaces outside the downtown core be established at approximately half of the fee charged for similar downtown spaces. The Department believes that the costs to the City to maintain spaces outside the downtown core and the fair consideration for use of public property is approximately half of the costs associated with downtown vending spaces.

The proposed permit fee increases are expected to be twice the rate of inflation over the next three years. The rationale for the increases is to reflect fees that are revenue neutral. When combined with a proposed decrease in the related business license fee associated with the vending activity. The Department proposes lower municipal business license fees for licenses to vend from streets or sidewalks (see report Ref. No. ACS2007-CPS-BYL-0051 and 0052). The lower annual license fees will more than compensate for the proposed increase in Designated Space Permit fees. In fact, vendors who operate from designated spaces will see an overall decrease in total fees in 2008.

Impact of Proposed Fee Increase on Designated Space Vendors

2007 2008

Sidewalk Refreshment (License) $ 550 $ 450

Designated Space (Downtown) $1 425 $1 500

Total Cost to Operator $1 975 $1 950

Sidewalk Refreshment (License) $ 550 $ 450

Designated Space (Old Ottawa) $ 700 $ 750

Total Cost to Operator $1 250 $1 200

Street Refreshment (License) $3 425 $2 550

Designated Space (Downtown) $3 300 $3 500

Total Cost to Operator $6 725 $6 050

Street Refreshment (License) $3 425 $2 550

Designated Space (Old Ottawa) $1 500 $1 600

Total Cost to Operator $4 925 $4 150

Sidewalk Itinerant Sellers (License) $ 531 $ 400

Designated Space (Downtown) $1 425 $1 500

Total Cost to Operator $1 956 $1 900

Sidewalk Itinerant Sellers (License) $ 531 $ 400

Designated Space (Old Ottawa) $ 700 $ 750

Total Cost to Operator $1 231 $1 150

(g) Allow a permit holder to transfer the permit to an immediate family member without the condition that the permit holder be unable to continue to operate the business;

The current by-law states that the original permit holder may transfer the permit to an immediate family member and imposes a condition on such transfers. The condition is that the permit holder be unable to continue to operate the business.

Upon review of the by-law the Department is of the opinion that original permit holders should have the right to apply to the Chief License Inspector to transfer his or her permit, within the permit term, to a parent, spouse, brother, sister, son or daughter of the original permit holder, and that such approval should not be unreasonably withheld.

The proposed new Designated Space Programme By-law reflects this change.

(h) Delegate authority to the Chief License Inspector to transfer a permit if so directed by a Court decision;

In the past the Chief License Inspector has been directed by Court decisions (usually as the result of the death of the permit holder or a divorce settlement) to transfer a designated space permit to a person other than an immediate family member as stipulated in the By-law.

This recommendation, of an administrative nature is proposed to streamline these infrequent types of transfer and to provide the Chief License Inspector the authority to process the transfer without having to bring the matter to Committee and Council.

(i) Impose on the permit holder the responsibility of the actions of his or her employees;

The current by-law wording is silent on the level of responsibility of the permit related to the actions of an employee or contractor working at the designated space. In recent licensing by-laws the following proposed provision has been incorporated to clearly state the responsibility of the licensee. Below is the proposed wording:

« Every permit holder shall be responsible for the act or acts of any of his or her employees or any person associated with the permit holder in the carrying on of any of the businesses authorized by his or her permit in the same manner and to the same extent as though such acts were done by the permit holder. »

(j) Incorporate the necessary minor administrative amendments, including but not limited to the addition of definitions, renumbering of the sections, incorporating the necessary transition provisions, and correcting other minor errors, to accommodate and give full effect to the amendments outlined in the recommendations and attached proposed by-law.

This standard recommendation is proposed to authorize Legal Services to make last minute by-law formating changes to the proposed by-law attached herein, before it is placed on the orders of the day for enactment. All authorized changes will be of a minor nature and may not be counter to the intent of Council approval.

RURAL IMPLICATIONS

There are no rural implications associated with this report as the proposed Designated Space Programme By-law applies only within the boundaries of the former City of Ottawa.

CONSULTATION

Community and Protective Services staff have been in consultation with designated space permit holders over the past three years and more recently in September 2007. The issues and requests raised by the permit holders have remained constant over the years and are presented in Document 3 along with the related Departmental response.

Staff met with the affected Business Improvement Areas affected by the recommendations in October, 2007. The Chair of the Business Advisory Committee (BAC) was presented an outline of the recommendations in October 2007 and the report and recommendations were presented at the BAC meeting of November 13, 2007. A Notice of Public Meeting appeared in the three (3) dailies (Ottawa Citizen, Le Droit and The Ottawa Sun on October 19th and 26, 2008.

FINANCIAL IMPLICATIONS

The increase in designated space permit fees will be offset by the reduction in license fees for vendors. As such, there are no financial implications on the By-Law & Regulatory Services Operating Budget should Council approve the recommendations.

CITY STRATEGIC DIRECTIONS

This report has no direct impact on the City Strategic Directions.

SUPPORTING DOCUMENTATION

Document 1 – Proposed New Designated Space Programme By-law

Document 2 – Public Consultation – Input and Departmental Response

Document 3 – The Designated Space Programme By-law – History

DISPOSITION

Community and Protective Services to implement City Council’s decision.

Corporate Services’ Legal Services Branch in consultation with By-law Services to process the proposed amending By-law to Council for enactment as appropriate.

Document 1

Proposed New Designated Space Programme By-law

BY-LAW NO. 2007 –

A by-law of the City of Ottawa respecting designated spaces for street vendors and to repeal By-law Number 300-96 of the old City of Ottawa.

The Council of the City of Ottawa enacts as follows:

DEFINITIONS AND INTERPRETATION

SHORT TITLE

1. This by-law may be referred to as the Designated Space Programme By-law.

PURPOSE

2. The permit issued under this by-law grants the exclusive use of a designated space to the owner of an object or vehicle used to sell goods or refreshments.

3. The removal zones designated under this by-law are the areas in which vending of goods or refreshments on all or any part of the highways is prohibited except with a permit for the designated space to which the permit relates.

DEFINITIONS

4. In this by-law:

“By-law Officer” means a person appointed by Council to enforce the provisions of this by-law and who may be referred to as an Inspector or Officer;

"Canada Day" means the legal holiday kept and observed as Canada Day throughout Canada under the Holidays Act, R.S.C. 1985 Chap. H‑5;

"Chief License Inspector" means the person in the position of Director, By-law and Regulatory Services in the Community and Protective Services Department of the City of Ottawa or authorized subordinates or assistants;

“City” or “City of Ottawa” means the municipal corporation known as the City of Ottawa or the geographic area of the City of Ottawa, as the context requires;

“City Solicitor” means the person occupying the position of City Solicitor and Director, Legal Services Branch, of the City of Ottawa, or an authorized representative;

“Council” means the Council of the City of Ottawa;

“designated space” means a specific area located on a roadway or sidewalk within a removal zone and identified as a vending location;

“former City of Ottawa” means the Corporation of the City of Ottawa as it existed prior to January 1, 2001.

"goods" includes flowers, wares, merchandise and fresh fruit and fresh vegetables;

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

"license" means a license of an appropriate class issued pursuant to Schedules 21 or 22 of By‑law Number 2002-189 entitled "A by‑law of the City of Ottawa respecting licenses", as amended;

“License Committee” means the committee of Council known as the License Committee;

“licensee” means the person issued a license of an appropriate class under By‑law Number 2002-189 entitled "A by‑law of the City of Ottawa respecting licenses", as amended;

“Licensing Counter” means the the office of the Chief License Inspector where designated space permit and business license applications are received for processing;

"original" in the case of a permit holder, means the person who is the lawful holder of a permit in the year preceding the application for renewal;

“original designated space permit” or “original permit” means the designated space permit issued to an original applicant;

"owner" means an individual;

"permit" means the actual permit issued under this by‑law;

"permit holder" means the owner who has been issued a permit under this by‑law;

“person” means an individual;

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

"refreshments" include food products and beverages, but does not include fresh fruit and fresh vegetables;

"removal zone" means the areas within the City in which all the highways, or portions thereof, are designated as removal zones;

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

INTERPRETATION

5. (1) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.

(2) Where the time for doing any act or taking any proceeding expires on a Saturday, Sunday or Public Holiday, the act or proceeding may be done or taken on the next workday.

(3) Where notice is sent by registered mail, the date of service on the applicant is the date of the next work-day following the date of mailing.

(4) Where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be standard time, provided however, if what is known as "daylight saving time" has been generally adopted in the City for any period of the year, under any statute, order-in-council, by-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law.

(5) It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

POWERS

LICENSE COMMITTEE POWERS

6. (1) The License Committee is authorized to administer the provisions of this by-law.

(2) The License Committee is authorized to make the final decision in respect of the revocation or suspension of any license issued or the imposition of conditions on any licensee.

(3) A majority of the three (3) members of the Licensing Committee constitutes a quorum.

(4) The License Committee, without a hearing, may suspend or revoke any permit for a period not exceeding 28 days for the following reasons:

(a) the holding of special events;

(b) the construction, maintenance or repair of public highways;

(d) matters relating to pedestrian, vehicular or public safety, or public health.

(5) The License Committee, after a hearing, may suspend or revoke any permit if the conditions for its issuance or use are not complied with or for cause, including but not limited to the following reasons:

(a) any breach of the law including any violation of the provisions of this by-law,

(b) the belief that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity,

(d) anything which may be in any way adverse to the public interest.

(6) The License Committee may suspend a permit for cause as provided for in subsection (5) for any period that is less than the unexpired part of the period for which it was issued in lieu of revocation.

(7) The License Committee may impose conditions as a requirement of obtaining, continuing to hold or renewing the permit, including special conditions.

CHIEF LICENSE INSPECTOR’S AND BY-LAW OFFICER’S POWERS

7. (1) The Chief License Inspector is authorized to administer the provisions of this by-law on behalf of the City, including its enforcement, together with such other By-law Officers as may be necessary.

(2) The Chief License Inspector may suspend, without holding a hearing, the designation of all or part of a removal zone, the designation of a space or the operation of a permit, for the following reasons:

(a)the holding of special events;

(b)the construction, maintenance or repair of public highways;

(c)the installation, maintenance or repair of public utilities and services; or

(d)matters relating to pedestrian, vehicular or public safety or public health.

(3) No suspension effected under subsection (2) shall exceed four (4) weeks from the date of suspension.

(4) A special meeting may be summoned at such a time and date as requested by the Chief License Inspector.

INSPECTION POWERS

8. (1) The Chief License Inspector is hereby authorized to:

(a) inspect:

(i) the designated space and any associated equipment or item that is used for the carrying on of the business,

(ii) any books, records or other documents of or relating to any such business, or

(iii) each motor vehicle operated, provided or used in the business,

(b) require that each motor vehicle operated, provided or used in the business be submitted for inspection, and

(2) No person shall obstruct, hinder or otherwise interfere with any of the inspections referred to in this section.

REMOVAL ZONES

9. The following areas are designated as the areas in which all the highways, or portions thereof, with the exception of the part of Sparks Street established as a pedestrian mall, are removal zones:

(1) Removal Zone 1:

(a) all of Sussex Drive and MacKenzie Avenue,

(b) all of MacKenzie King Bridge, and

(c) the area of the City bounded to the north by Wellington Street north side and Rideau Street north side; to the east by Colonel By Drive east side to Main Street east side, and Main Street east side to the Rideau River; to the south by the Rideau River south side; and to the west by Bronson Avenue west side as set out within the heavy outline shown on the map set out in Schedule "A", attached hereto.

(2) Removal Zone 2:

The remainder of the geographic area of the former City of Ottawa as set out within the heavy outline shown on the map set out in Schedule “A-2” attached hereto.

(3) Canada Day Removal Zone:

Despite subsections (1) and (2), on Canada Day only, the portion of the area designated under those subsections that falls within the area set out herein is not a removal zone and the following area is designated as the area in which all the highways, or portions thereof, with the exception of the part of Sparks Street established as a pedestrian mall, is a Canada Day removal zone as set out within the heavy outline shown on the map set out in Schedule “A-1”, attached hereto:

(a) all of Sussex Drive and MacKenzie Avenue,

(b) MacKenzie King Bridge west of Colonel By Drive east side,

(d) St. Patrick Street and Murray Street between the west side of Sussex Drive and the east side of Parent Street, and

(e) the area of the City bounded to the north by Wellington Street north side, and Rideau Street north side (between the Rideau Canal and Sussex Drive east side); to the east by Colonel By Drive east side; to the south by Laurier Avenue south side and the Laurier Bridge south side; and to the west by Bay Street west side;

DESIGNATED SPACES

10. The specific sites identified in Schedules "B" and “F” and clearly marked at the actual site are designated as designated spaces on the roadway in the removal zones from which only refreshments may be sold or offered for sale.

11. The specific sites identified in Schedule "C" and “G” and clearly marked at the actual site are designated as designated spaces on the sidewalk in the removal zones and the type of goods or refreshments prescribed for the designated space are the only type of goods or refreshments permitted to be sold or offered for sale in the designated space.

DESIGNATED SPACES – CANADA DAY

12. Despite Section 10 on Canada Day only, the specific sites identified in Schedule "D" are designated as the only Canada Day designated spaces on the roadway in the Canada Day removal zone from which goods or refreshments may be sold or offered for sale.

13. Despite Section 11 on Canada Day only, the specific sites identified in Schedule "E" are designated as the only Canada Day designated spaces on the sidewalk in the Canada Day removal zone and the type of goods or refreshments prescribed for the designated space, where applicable, are the only goods or refreshments to be sold or offered for sale in the designated space.

PERMIT REQUIRED

14. No person shall vend on or from a street or sidewalk unless he or she has procured a designated space permit under this by-law.

15. A separate permit shall be obtained for each designated space.

EXEMPTIONS

16. (1) A person who holds a refreshment vehicle license to sell ice cream or frozen milk products from a pedal‑powered vehicle may sell in the removal zone without a permit provided that the vehicle is not stopped at any location for a period longer than ten (10) minutes.

(2) No person shall stop a pedal‑powered vehicle in order to sell ice cream or frozen milk products at a location for more than ten (10) minutes.

(3) Any holder of a “Mobile Canteen” license issued pursuant to Schedule 23 relating to Mobile Canteens of the Licensing By-law 2002-189 as amended, 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, provided that the majority of the license holder's active time in any one (1) day is spent on private property.

(4) A person selling goods or refreshments from his or her person may sell in the removal zone without a permit on Canada Day only.

(5) A person who holds a refreshment vehicle license to sell ice cream or frozen milk products from a pedal-powered vehicle shall not sell within the Canada Day removal zone except from a designated space assigned to the person by way of a Canada Day permit.

CONDITIONS FOR ISSUANCE OF PERMIT

APPLICATION - ORIGINAL PERMIT

17. An original designated space permit may be issued to an individual whose name has been selected in a lottery provided for in the by-law and who has satisfied the conditions for issuance prescribed by Section 28.

18. As of January 1^st, 2008 and thereafter, the method of allocation for a new designated space permit is by way of a lottery as prescribed in Section 24.

19. The Chief License Inspector is not required to make any vacant designated space available despite being in receipt of a notice from one or more individual indicating interest in obtaining a designated space permit.

20. Despite Section 18, the Chief License Inspector shall waive the lottery process when only one designated space permit is available for issuance and only one qualified applicant is participating in the allocation process and the Chief License Inspector shall issue the designated space permit to the qualified applicant.

ALLOCATION OF DESIGNATED SPACE PERMIT – LOTTERY

21. (1) When a designated space becomes available the Chief License Inspector may initiate the designated space allocation process as provided in this by-law.

(2) If the Chief License Inspector elects to initiate the designated space allocation process, the Chief License Inspector shall announce to the general public by way of notice the intent to hold a lottery to allocate one or more permit for vacant designated spaces.

(3) The notice shall appear in the three (3) area newspapers during the first and third week in April and such notice shall include:

(i) the location of the designated spaces available,

(ii) the contact information of an appropriate staff person to respond to questions,

(iii) the requirement for interested individuals :

(A) to notify Chief License Inspector in writing of their interest before June 1^st ;

(B) to be eighteen (18) years of age;

(C) to provide proof that the applicant has at least two (2) years experience in outdoor vending, within the last five (5) years;

(iv)that the lottery will be held the second week in August,

(v) that the vending operation is to commence no later than May 15 of the following year; and

(vi) that if successful in obtaining a permit under this by-law, the candidate they will be required to be the vendor at the space at least fifty (50%) percent of the time during which vending occurs at the designated space.

22. The Chief License Inspector shall not be required to maintain a record of people interested in obtaining a designated space permit from one year to another.

NOTICE OF INTEREST

23. A person who wishes to obtain a designated space permit shall provide to the Chief License Inspector a notice of interest in writing no later than June 1^st of the current year, for consideration in the same year.

24. The application to participate in the lottery shall include:

(a) the lottery application fee as prescribed in Schedule H;

(b) proof that the applicant has at least two (2) years experience within the last five (5) years in an outdoor vending activity, and such proof include an affidavit and licensing records from a municipality.

25. The Chief License Inspector shall approve the application to participate in the lottery and shall include the applicant’s name in the lottery unless the applicant:

(a) is not 18 years of age or older,

(b) did not file a complete application,

(d) did not pay the required fees.

26. If the Chief License Inspector decides to allocate the designated space the Chief License Inspector will :

(a) set the following second Tuesday in September as the lottery date, and

(b) notify the Business Improvement Areas, Departments and agencies and inform the affected Councillor.

27. The Chief License Inspector shall, subject to approval of the Designated Space Permit application, designate the successful candidate for a designated space permit as follows:

(1) If only one designated space is available and there is only one person interested in the designated space, there shall be no lottery and the Chief License Inspector shall designate the qualified person as the successful candidate for a designated space permit.

(2) If more than one designated space is available and only one person is interested in obtaining a designated space permit, there will be no lottery and and the person shall be permitted to select from the available vacant designated spaces and the Chief License Inspector shall designate the qualified person as the successful candidate for a designated space permit.

(3) If only one space is available and more than one person is interested in obtaining a designated space, a lottery shall be held to allocate the designated space. The Chief License Inspector shall designated the qualified person whose name is first selected as the successful candidate for a designated space permit.

(4) If more that one space is available and more than one applicant is interested in obtaining a designated space, a lottery shall be held to allocate the designated spaces as follows:

(a) the qualified person whose name is first selected from the lottery will be given the opportunity to chose one of the eligible designated spaces, and that person’s name shall be removed from the lottery,

(b) a subsequent qualified person whose name is selected from the lottery will be given the opportunity to chose one of the remaining eligible designated spaces, and

(c) the same process shall be applied in turn with respect to any remaining eligible designated spaces until all the spaces have been allocated to qualified persons.

(5) The Chief License Inspector shall allocate the designated spaces as per the results of the lottery to the person selected as long as the person is qualified and has paid all applicable fees under this by-law.

(6) Those person whose names have not been selected shall not be compensated or refunded their fees, and shall have no recourse to designated spaces offered during the lottery whether or not the person selected is able to pursue the business.

(7) If for whatever reason the successful candidate for a designated space permit fails to meet all the requirements necessary to operate at the designated space in accordance with the City’s by-laws, the designated space attributed shall remain vacant until the Chief License Inspector initiates a new lottery, and no person shall have a right to that space whether or not the person participated in the lottery that assigned the space.

APPLICATION REQUIREMENTS - DESIGNATED SPACE PERMIT

28. No successful candidate for a designated space permit shall be issued an original permit unless:

(a) the candidate has applied for such permit in person,

(b) the candidate has filed one (1) full-faced photograph of theof himself or herself, of a size 1.5 inches square, taken not more than thirty (30) days prior to the date of the application,

(c) the candidate is the holder of an itinerant seller's license or a refreshment vehicle license of the appropriate license class, as applicable,

(d) the candidate has,

(i) provided evidence to the satisfaction of the Chief License Inspector that in the year preceding the application he or she was the holder of the permit associated with the space applied for, if the space is a site identified on Schedule “B” or “C” or if it is a site identified on Schedule “F” and “G”, and

(ii) paid by cash or by a certified cheque the amount of the permit fee and processing fee as prescribed in Schedule “H” of this by-law,

A. for a roadway space permit for a site identified on Schedule “B”,

B. for a sidewalk space permit for a site identified on Schedule “C”,

C. for a roadway space permit for a site identified on Schedule “F”,

D. for a sidewalk space permit for a site identified on Schedule “G”.

29. Despite Section 28, the annual instalments of the designated space permit fee may be paid in two (2) equal installments :

(a) the first instalment shall be due and payable on or before June 1 of the permit year in question, and,

(b) the second instalment shall be due and payable on or before September 1 of the permit year in question .

30. The permit holder shall attend in person at the Licensing Counter to pay by cash or a certified cheque:

(a) the amount prescribed in Schedule “H” for the second year on or before May 14 of the first year, and

(b) the amount prescribed in Schedule “H” for the third year on or before May 14 of the second year.

31. The continued use of the permit is conditional on the permit holder complying with Section 30.

32. No person shall use a permit for vending where the permit holder has failed to comply with Section 30.

33. (1) Designated space permits held by the original designated space permit holder shall be renewed on a year to year basis during the permit period, with no right of renewal at the end of the license period.

(2) The Chief License Inspector may renew the designated space permit described in subsection (1) to the original permit holder after the permit period expires provided the permit holder continues to meet all requirements of this by-law.

APPLICATION – RENEWAL OF PERMIT

34. On the application for a renewal of a permit for a designated space, the applicant shall complete the prescribed forms and shall furnish to the City such information as the City may direct to be furnished, and shall file the completed application with the Chief License Inspector.

35. No applicant shall have his or her permit renewed unless:

(a) the applicant has applied in person,

(b) the applicant has filed one (1) full-faced photograph of the applicant, of a size 1.5 inches square, taken not more than thirty (30) days prior to the date of the application,

(c) the applicant is the holder of an itinerant seller's license or a refreshment vehicle license of the appropriate license class, as applicable,

(d) the applicant has,

(ii) paid by cash or a certified cheque the amount of the permit fee and processing fee as prescribed in Schedule “H” of this by-law,

(A) for a roadway space permit for a site identified on Schedule “B”,

(B) for a sidewalk space permit for a site identified on Schedule “C”,

(D) for a sidewalk space permit for a site identified on Schedule “G”.

36. Despite Section 35, the annual instalments of the designated space permit fee may be paid in two (2) equal installments:

(a) the first instalment shall be due and payable on or before June 1 of the permit year in question, and,

(b) the second instalment shall be due and payable on or before September 1 of the permit year in question.

37. The permit holder shall attend in person at the Licensing Counter to pay by cash or by certified cheque:

(a) the amount prescribed in Schedule “H” for the second year on or before May 14 of the first year, and

(b) the amount prescribed in Schedule “H” for the third year on or before May 14 of the second year.

38. The continued use of the permit is conditional on the permit holder complying with Section 37.

39. No person shall use a permit for vending where the permit holder has failed to comply with Section 37.

INVESTIGATIONS FOR ISSUANCE OF LICENSE

40. (1) The Chief License Inspector shall, upon receipt of an application referred to in Sections 28 and 35, make or cause to be made all investigations required by law or by the City relative to such application.

(2) Despite subsection (1), the Chief License Inspector may renew the permit upon being satisfied that, where applicable,

(a) there is informationon file to the effect that the permit holder has failed to comply with any provision of this by-law or, where applicable, with a condition on which the permit was issued imposed by the License Committee for the period for which the permit was granted.

CONDITIONS FOR ISSUANCE OF LICENSE

41. (1) An applicant for an original permit, or the renewal of a permit, is, subject to the provisions of this by-law, entitled to be issued the permit, except where:

(a) the applicant has not,

(i) completed the prescribed application forms,

(ii) delivered with the application payment in full of the processing fee, the late fee, if applicable, and the permit fee as set out in Schedule “H” to be paid in respect of such permit, or

(iii) complied with the permit requirements set out in this by-law for the applicable business,

(b) the conduct of the applicant affords reasonable grounds for belief that the applicant has not carried on, or will not carry on, his or her business in accordance with the law and with integrity and honesty,

(c) there are reasonable grounds for belief that the carrying on of the business by the applicant has resulted, or will result, in a breach of this by-law or any other law,

(d) there are reasonable grounds for belief that the carrying on of the business may be adverse to the public interest,.

NOTICE OF ISSUANCE OF PERMIT

42. If the investigations referred to in Section 73 have been performed and the the conditions of Section 74 have been met by the applicant and the issuance of the permit has been approved, the Chief License Inspector may issue the permit personally or send it by ordinary mail to the applicant at the address shown on the application.

ISSUANCE OF A PERMIT

43. The Chief License Inspector shall, upon issuing the permit, furnish to the permit holder a permit certificate and one (1) permit sticker bearing the identifying number of the designated space for which it has been issued and the expiration date of the permit.

44. The Chief License Inspector shall indicate on the permit:

(a) the type of goods or refreshments that may be offered for sale or sold, and

(b) the types of objects or vehicles permitted in the designated space;

45. (1) The Permit Certificate may be the invoice and shall be numbered and include:

(a) the name of the licensee,

(b) the business of the licensee,

(d) the category of the business license,

(e) the date of issuance of the license,

(f) the date of expiration of the license,

(g) the make, model, serial number and motor vehicle registration number issued under the Highway Traffic Act R.S.O. 1990, c. H. 8 as amended if applicable,

(h) the word “transfer” and the number of the original license, if applicable.

(2) Where an original permit has been lost or destroyed, the Chief License Inspector, upon receipt of an affidavit to that effect, furnished by the original permit holder thereof or by some person having personal knowledge of the loss or destruction of the permit, may issue a duplicate permit to the permit holder upon payment of the fee set out in Section H.

TERM OF PERMIT

46. Permits issued or renewed in 2007 shall expire on May 14, 2008, with no right of renewal in 2008.

(a) In 2008 and thereafter, the term of the permit shall be for a three (3) year period expiring on May 14th of the third year regardless of when the permit was issued during the term.

(b) There shall be no right of renewal of a permit after the expiration of the term.

(c) Despite subsection (2), a permit may be for a shorter or longer period of time if so approved by the Chief License Inspector and so expressed on the permit.

TRANSFERABILITY OF PERMIT

47. (1) Subject to subsection (3), the permit is not transferable in any manner, including leasing agreement and assignment.

(2) No person shall transfer a permit in any manner, including leasing agreement and assignment.

(3) The original permit holder may apply to the Chief License Inspector to transfer his or her permit, within the permit term, to a parent, spouse, brother, sister, son or daughter of the original permit holder, and such approval shall not be unreasonably withheld.

48. The Chief License Inspector may transfer a permit if directed to do so by a Court of Law.

DISPLAY OF PERMIT

49. Every permit holder shall ensure that the permit sticker is attached in the upper right hand corner of the plate furnished and affixed to the vending vehicle in accordance with the provisions of the said By‑law Number 2002-189.

50. Every person who vends under the authority of a permit shall ensure that he or she has the permit in his or her possession.

51. Every person who vends under the authority of a permit shall, when so requested by the Chief License Inspector or any By‑law Officer or peace officer, produce the permit for inspection.

GENERAL REGULATIONS

52. No person shall sell or offer for sale goods or refreshments in a removal zone except from a designated space.

53. (1) A person may hold a maximum of two designated space permits for each appropriate license issued under By-law 2002-189 as amended provided that the person complies with the provisions of Sections 28 and 35 as the case may be with respect to each designated space.

(2) Despite subsection (1), no permit holder may operate from more than one of the two approved designated spaces at any one time.

54. No person shall place, stop or park any object or vehicle used to sell or offer for sale goods or refreshments in a removal zone except in a designated space.

55. No person shall sell or offer for sale goods or refreshments in a designated space without the permit which authorizes the use of that designated space.

56. No person, other than a permit holder, shall locate any object or vehicle in the designated space.

57. No permit holder shall sell or offer for sale any type of goods or refreshments that are not permitted in the designated space by by‑law or permit.

58. No permit holder shall place, stop or park any type of object or vehicle that is not permitted in the designated space by by‑law or permit.

59. The permit holder shall comply with the provisions of By‑law No. 2003-530 being a by‑law of the City of Ottawa regulating traffic and parking on highways, with respect to "no stopping" regulations on the roadway and where a designated space is located on the roadway, the hours of operation permitted under the permit do not include the period during the times or days when stopping is prohibited.

60. No permit holder shall sell or offer for sale any type of goods or refreshments from a designated space located on the roadway outside the hours of operation permitted under Section 59.

61. Every permit holder shall comply with the provisions of By‑law Number 2002-189.

62. No permit holder shall use the designated space where the license used to obtain the permit has been suspended or revoked.

63. Every permit holder shall use his or her designated space and where a permit holder has not used his or her space for a period of four (4) successive weeks, without obtaining prior approval from the Chief License Inspector, the City may revoke the permit.

CANADA DAY GENERAL REGULATIONS

64. Despite Sections 28 and 35, within the Canada Day removal zone only, permits will be allocated in accordance with the following:

(a) any designated spaces identified in Schedules "D" and "E" which are also designated spaces identified as full‑time spaces in Schedules "B" or "C" will be offered to the full‑time permit holder, and

(b) all other spaces, including any spaces refused by the full‑time permit holder, will be allocated by lottery conducted by the Chief License Inspector.

65. Despite Section 45, for the purposes of Canada Day only, the Chief License Inspector shall indicate on the permit the name of the applicable licensee.

66. No permit sticker shall be furnished with the Canada Day permit.

67. The Canada Day permit shall be valid on Canada Day only.

68. Despite Section 47, Canada Day permits may be exchanged between permit holders provided that each permit holder signs the reverse side of the Canada Day permits which were exchanged.

VACATED SPACES

69. If a designated space is vacated or becomes vacant for whatever reason, the Council of the City may eliminate it.

70. A designated space shall be deemed to be vacated if,

(a)the permit holder voluntarily vacates it and files a notice to that effect with the Chief License Inspector,

(b) the permit holder does not renew the permit for his or her designated space in accordance with this by‑law,

(c)the permit holder dies, or

(d) the License Committee has revoked the permit.

DELEGATION OF AUTHORITY

71. (1) The Director of By-law Services is designated the authority to approve additional designated spaces within the removal zone shown on Schedule “A-2” provided that:

(a) the Councillor in whose Ward the space is located has been consulted;

(b) the space has been reviewed by appropriate City departments for safety and nuisance concerns and deemed suitable;

(d) the licensee only operates from one of the two designated spaces at any given time; and

(e) the applicant has complied with the provisions of Sections 28 and 35.

(2) The City Solicitor is authorized to proceed directly to Council to designate the space as approved by the Director of By-law Services on either Schedule “F” or “G” of this by-law, as applicable, by way of placing a by-law directly on the Agenda of Council.

ENFORCEMENT

72. (1) Any peace officer or Municipal By‑law Enforcement Officer authorized to enforce this by‑law who has reason to believe that any object or vehicle is placed, stopped or parked in a designated space or in a removal zone in contravention of this by‑law,

(a) may, upon producing appropriate identification, require that a valid permit issued by the City be produced for reasonable inspection; and

(b) if no valid permit is produced, may, after informing the person, if any, in charge of the object or vehicle that it is in a removal zone or designated space contrary to this by‑law and upon giving a receipt for it to that person, cause the object or vehicle to be moved and stored in a suitable place.

(2) Subject to subsections (3) and (4), all costs and charges for the removal, care and storage of any object or vehicle under this by‑law are a lien upon it which may be enforced by the City in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chap. R.25, as amended.

(3) An object or vehicle removed and stored in accordance with subsection (1) and not claimed by the owner within sixty (60) days is the property of the City and may be sold and the proceeds shall form part of the general funds of the City.

(4) Despite subsection (3), any perishable object is the property of the City upon being moved from the removal zone or designated space in accordance with subsection (1) and may be destroyed or given to a charitable institution.

FEES

73. The fees shall be as set out in Schedule “H” to this by-law.

74. Processing fees are non-refundable in whole or in part.

75. (1) In the event of a permit holder not renewing the permit or paying the instalment fee on or before their expiration, the permit holder may renew the permit by making application therefor as provided in this by-law up to and including the fifteenth day after the expiration of the permit and shall pay the late fee set out in Section H in addition to the permit or permit instalment fee as applicable.

(2) In the event of a permit holder not renewing the permit or failing to pay the instalment fee on or before the fifteenth day after its expiration, the permit holder ceases to be a permit holder and shall lose all rights to the permit.

REFUSAL, REVOCATION AND SUSPENSION OF A PERMIT

REFUSAL OF ISSUANCE OF A PERMIT

76. (1) The Chief License Inspector shall refuse to issue to the applicant the permit applied for if the conditions for issuance in Section 28 or Section 35 have not been met.

(2) The Chief License Inspector shall give the applicant notice in writing of the refusal to issue the permit applied for, and said notice shall be served personally or by registered mail to the applicant at the address shown on the application.

(3) The Chief License Inspector shall return the permit fee or instalment fee, as the case may be, paid at the time of the application in respect of such permit after the expiration of fourteen (14) days of having served the notice provided that an application for review of the refusal to issue the permit has not been filed.

APPLICATION FOR REVIEW OF REFUSAL TO ISSUE

77. An applicant in receipt of a notice of refusal given pursuant to Section 76 may, within fourteen (14) days of having been served the notice, apply in writing for a review of the refusal to issue the permit applied for by filing the request for a review with the Chief License Inspector, and the provisions of Sections 79 to 86 shall apply.

REPORT FOR REVIEW OF STATUS OF PERMIT

78. The Chief License Inspector may report to the License Committee any breaches by the permit holder of this by-law with a request to consider the status of the permit.

DATE OF REVIEW HEARING

79. The Chief License Inspector,

(a) upon receipt of the application referred to in Section 77, or

(b) upon reporting to the License Committee as set out in Section 78,

shall determine a date with the Committee Coordinator of the License Committee for the review hearing by the License Committee which shall be at least fourteen (14) days hence.

NOTICE OF REVIEW HEARING

80. Upon determination of the review hearing date, the Chief License Inspector shall give notice in writing to the applicant or permit holder and said notice shall:

(a) include a statement,

(i) as to the time, date, place and purpose of the review hearing, and

(ii) that, if the applicant does not attend the review hearing, the License Committee may proceed in the absence of the applicant or permit holder and the applicant or permit holder will not be entitled to any further notice,

(b) be served personally or by registered mail to the applicant or permit holder at the address last on file with the Chief License Inspector, and

(c) where the good character, propriety of conduct or competence of a permit holder is an issue, contain reasonable information of any allegations with respect thereto.

HEARING

81. (1) The License Committee shall hold the review hearing at the time, place and date set out in the notice referred to in Section 80.

(2) The applicant or permit holder may be represented at the review hearing by counsel, and the applicant or permit holder or the counsel shall have the right to adduce evidence, submit argument in support of the application for a permit or the status quo of the permit and cross-examine witnesses adverse in interest.

(3) The City shall be represented at the review hearing by either the Chief License Inspector or the City Solicitor, who is entitled to adduce evidence and submit arguments in reply to evidence and argument on behalf of the applicant or permit holder.

(4) At the review hearing, the onus shall be upon the applicant or permit holder to show cause why,

(a) the permit applied for should be granted,

(b) the permit should not be suspended or revoked , or

(5) All review hearings shall be public hearings unless the applicant or permit holder requests that the hearing be held in camera and the License Committee may approve the request by a simple majority in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended.

(6) The License Committee’s decision shall be final and binding.

LICENSE COMMITTEE DECISION

82. The License Committee shall give its decision in writing to the Chief License Inspector within seven (7) days of the date of the completion of the review hearing.

WAIVER OF HEARING

83. Despite any of the provisions of this by-law, any proceedings may be disposed of by a decision of the License Committee given,

(a) without a hearing, or

(b) without compliance with any other requirements of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended, or of this by-law incorporating such requirements,

where the permit holder has waived such hearing or compliance.

IMPLEMENTATION OF LICENSE COMMITTEE DECISION

84. (1) The Chief License Inspector shall notify the applicant or permit holder of the decision by serving a copy personally or by registered mail to:

(a) the applicant or permit holder at the address shown on the application, or last on file with the Chief License Inspector, or

(b) the counsel or agent of the applicant or permit holder, if any, at the address as stated to the License Committee.

(2) If the decision rendered is to grant the applicant the permit applied for, the permit shall be issued.

(3) If the decision is to suspend or revoke the permit, the permit holder shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, return the permit to the Chief License Inspector, and the Chief License Inspector shall have access to any premises or other property of the permit holder for the purpose of receiving or taking the same.

(4) If the decision is to impose conditions on the permit, the permit holder shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, advise the Chief License Inspector as to his or her acceptance of the conditions.

NOTIFICATION OF CHANGES

NOTIFICATION ON HAPPENING OF CERTAIN EVENTS

85. (1) Every permit holder shall notify or cause to be notified the Chief License Inspector in writing within seven (7) days of the happening of the following events:

(a) any change in the permit holder’s address or telephone number,

(b) sale, or termination of the business,

(d) in the situation where the permit holder provided the name and address of his or her business affiliate or employer, any change in the named business affiliate or employer, or

(e) any change of address, telephone number or Ontario License Plate Number of a motor vehicle that is registered with the Ontario Ministry of Transportation and any change of motor vehicle ownership and appropriate insurance endorsement.

(2) In the case of the death of the permit holder, the person administering the estate should notify or cause to be notified the Chief License Inspector in writing.

POSTING AND PRODUCTION OF PERMIT

86. (1) Subject to subsection (3), every person obtaining a permit under this by-law shall carry the said permit certificate upon his or her person.

(2) Every permit holder shall, when so requested by the Chief License Inspector, produce the permit for inspection.

(3) Every person obtaining a permit under this by-law where the same applies to premises shall ensure that his or her permit is posted up in some prominent position on the premises, so as to visible to the public.

FALSE OR INCORRECT INFORMATION

87. No person shall give false or incorrect information for the purposes of obtaining a permit.

SUBJECT TO LAWS

88. All permit holders are subject to all applicable Acts, regulations and by-laws.

PROPERTY OF THE CITY

89. (1) A permit issued under this by-law remains the property of the City at all times.

(2) No person shall enjoy a vested right in the continuance of a permit.

(3) Every decal furnished pursuant to this by-law shall be and remain the property of the City and shall be returned to the City or removed whenever required to do so by the Chief License Inspector.

DUTY TO COMPLY

90. Every person applying for or holding a permit under this by-law shall, in such application or in carrying on or engaging in the business in respect of which the permit is issued, observe, comply with and be governed by this by-law.

NO DISCRIMINATION

91. No person issued a permit under this by-law shall, because of race, colour or creed, discriminate against any member of the public in the carrying on of the business in respect of which the permit is issued.

EMPLOYEES ACTS

92. Every permit holder shall be responsible for the act or acts of any of his or her employees or any person associated with the permit holder in the carrying on of any of the businesses authorized by his or her permit in the same manner and to the same extent as though such act or acts were done by the permit holder.

CONDITIONAL PERMITS

93. (1) Every permit holder shall comply with every condition imposed upon the permit.

(2) Every permit holder who fails to comply with subsection (1) is guilty of an offence.

OFFENCES AND PENALTIES

OFFENCES

94. Every person who contravenes any of the provisions of this by-law is guilty of an offence.

FINES

95. Every person who is convicted of an offence under this by-law is liable to a fine of not more than five thousand ($5,000.00) dollars as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended.

PROHIBITION ORDER

96. When a person has been convicted of an offence under this by-law,

(a) the Ontario Court of Justice or

(b) any court of competent jurisdiction thereafter

may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

TEMPORARY SUSPENSION OR REVOCATION OF PERMIT

97. In addition to any other penalty, a permit issued under the authority of this by-law may be suspended or revoked upon such grounds and in accordance with such procedural provisions as are set out in this by-law.

98. (1) A permit may be temporarily suspended in accordance with subsection (2) for a minimum period of twenty-four (24) hours and for a maximum period of fourteen (14) days.

(2) Temporary suspensions may be initiated by the Chief License Inspector or By-law Officer in any situation that has resulted or may reasonably be expected to result in an emergency situation including but not limited to:

(a) where the permit holder has breached any law,

(b) where the permit holder has done anything that is in any way adverse to the public interest,

(c) where a motor vehicle is deemed to be mechanically unsafe, including but not limited to body damage with sharp edges, holes in the floor boards, unserviceable tires, doors not closing properly, wire protruding from the seat or any other mechanical defect that would render the motor vehicle unsafe,

(d) where a cheque is returned marked “NSF” for the payment of a permit fee or instalment thereof and in such cases, the permit shall be suspended until the permit fee or unpaid instalment is paid, or

(e) where there is misuse of a permit by a permit holder taking a plate from one vehicle and affixing it to another vehicle which is not approved for by-law purposes,

(3) Prior to suspending a permit, the Chief Licence Inspector shall provide the permit holder with the reasons for the suspension either orally or in writing and an opportunity to respond to them.

(4) If the violation has been corrected after the twenty-four (24) hour period, the permit may be reinstated.

(5) The Chief License Inspector will be advised immediately of all temporary suspensions.

(6) The Committee will be advised on a quarterly basis of all temporary suspensions.

(7) The suspension of a permit pursuant to this section is lifted after the expiration of two (2) weeks from the date of suspension or after the first meeting of the License Committee after the suspension, whichever occurs first.

99. Where a permit has been suspended or revoked, no person shall refuse to deliver the permit to the Chief License Inspector or shall in any way prevent or hinder the Chief License Inspector from receiving or taking the same.

100. Where a permit is revoked, the permit holder is entitled to a refund of a part of the permit fee or instalment that has been paid proportionate to the unexpired part of the term for which it was granted, such refund to be pro-rated on a monthly basis.

101. No licensee shall operate or carry on the activity or business for which the permit was issued while the permit is under suspension.

TRANSITION (to be added later)

REPEAL PROVISIONS HERE (to be added later)

EFFECTIVE DATE

102. This by-law shall come into force and take effect on the 1st day of January, 2008.

ENACTED AND PASSED this day of , 200 .

CITY CLERK MAYOR

Roadway Space #	Meter #	General Description
2	123	north side of Albert Street east of Lyon Street
3	231	south side of Slater Street between Lyon Street and Kent Street
5	~~2650~~	~~west side of Kent Street between Laurier Avenue and Slater Street~~
6	2417	north side of Queen Street east of Kent Street
8	~~234~~	~~south side of Slater Street between Kent Street and Bank Street~~
9	3254	south side of Laurier Avenue east of Bank Street
10	2408	north side of Queen Street west of O'Connor Street (Retained for temporary relocation purposes)
12	2533	south side of Queen Street east of O'Connor Street
14	2359	west side of O'Connor Street between Gloucester Street and Laurier Avenue
15	573	north side of Lisgar Street west of Bank Street
16	617	south side of Cooper Street east of Bank Street
17	2048	west side of Metcalfe Street north of Queen Street
18	~~3101~~	~~north side of Laurier Avenue west of Metcalfe Street~~
19	~~2040~~	~~west side of Metcalfe Street north of Laurier Avenue~~
20	483	south side of Nepean Street west of Elgin Street
21	523	north side of Lisgar Street east of Elgin Street (Retained for temporary relocation purposes)
23	N/A	west side of Metcalfe Street south of Wellington Street

Sidewalk Space #	General Description	Vendor Type
25	west side of Bank Street south of Sparks Street	Refreshment
26	west side of Bank Street south of Sparks Street	Refreshment
27	west side of Bank Street between Albert Street and Slater Street (Retained for temporary relocation purposes.)	Refreshment
28	~~west side of Bank Street north of Slater Street~~	~~Flowers~~
30	east side of Bank Street south of Sparks Street	Refreshment
31	east side of Bank Street south of Queen Street	Refreshment
32	east side of Bank Street south of Laurier Avenue	Refreshment
33	~~west side of Bank Street between Cooper Street and Somerset Street~~	~~Refreshment~~
34	west side of O'Connor Street south of Sparks Street (Retained for temporary relocation purposes)	Refreshment
35	~~west side of O'Connor Street south of Slater Street~~	~~Refreshment~~
36	east side of O'Connor Street south of Sparks Street	Refreshment
37	west side of Metcalfe Street south of Sparks Street	Refreshment
38	~~west side of Metcalfe Street south of Slater Street~~	~~Flowers~~
39	~~west side of Metcalfe Street between Laurier Street and Slater Street~~	~~Refreshment~~
40	west side of Metcalfe Street between Laurier Street and Slater Street	Refreshment
41	east side of Metcalfe Street north of Sparks Street	Refreshment
42	east side of Metcalfe Street south of Sparks Street	Refreshment
43	east side of Metcalfe Street between Albert Street and Queen Street	Refreshment
45	~~west side of Elgin Street north of Albert Street~~	~~Refreshment~~
47	west side of Elgin Street between Nepean Street and Gloucester Street	Refreshment
48	~~west side of Elgin Street north of Lisgar Street~~	~~Flowers~~
50	east side of Elgin Street north of Laurier Street	Refreshment
51	east side of Elgin Street south of the Mackenzie King Bridge	Refreshment
52	east side of Elgin Street north of Queen Street	Refreshment
53	~~east side of Elgin Street north of Queen Street~~	~~Ice Cream or Beverage~~
54	west side of Metcalfe Street between Sparks Street and Wellington Street	Ice Cream or Beverage
56	west side of Metcalfe Street between Sparks Street and Wellington Street	Refreshment
57	~~south side of Wellington Street west of Metcalfe Street~~	~~Ice Cream or Beverage~~
58	~~Terry Fox Walkway~~	~~Merchandise~~
62	~~Terry Fox Walkway~~	~~Merchandise~~
64	~~Terry Fox Walkway~~	~~Merchandise~~
67	~~west side of Sussex Drive between Bruyere Street and St. Andrew Street~~	~~Merchandise~~
69	~~west side of Sussex Drive between Bruyere Street and St. Andrew Street~~	~~Refreshment~~
70	~~west side of Sussex Drive between Bruyere Street and St. Andrew Street~~	~~Ice Cream or Beverage~~
72	~~west side of Mackenzie Street south of Murray Street~~	~~Ice Cream or Beverage~~
74	~~west side of Bank Street south of Fourth Avenue~~	~~Refreshment~~

ROADWAY VENDORS – CANADA DAY (By-law 2004-99)
SUSSEX DRIVE	WEST SIDE between Murray Street and Clarence Street	3 spaces
MURRAY STREET	SOUTH SIDE between Sussex Drive and Parent Avenue	2 spaces
ELGIN STREET	WEST SIDE between Wellington Street and Queen Street	6 spaces
WEST SIDE between Queen Street and Albert Street	4 spaces
WEST SIDE between Albert Street and Slater Street	3 spaces
EAST SIDE between Queen Street and Wellington Street	12 spaces
EAST SIDE between Queen Street and Albert Street in front of NAC -after 10:30 a.m. only	3 spaces
EAST SIDE between Slater Street and Laurier Avenue	4 spaces
METCALFE STREET	WEST SIDE between Wellington Street and Queen Street	6 spaces
EAST SIDE between Wellington Street and Queen Street	5 space
EAST SIDE between Queen Street and Albert Street	4 spaces
O'CONNOR STREET	WEST SIDE between Wellington Street and Queen Street	8 spaces
EAST SIDE between Wellington Street and Queen Street	7 spaces
KENT STREET	EAST SIDE between Sparks Street and Wellington Street	3 spaces
LAURIER AVENUE	NORTH SIDE between Elgin Street and Metcalfe Street	1 space
	SOUTH SIDE between Bank Street and O'Connor Street	1 space
QUEEN STREET	NORTH SIDE between Elgin Street and Metcalfe Street	1 space
	NORTH SIDE between Metcalfe Street and O'Connor Street	2 spaces
	NORTH SIDE between O'Connor Street and Bank Street	1 space
NORTH SIDE between Bank Street and Kent Street	2 spaces
SOUTH SIDE between Elgin Street and Metcalfe Street	3 spaces
SOUTH SIDE between Metcalfe Street and O'Connor Street	2 spaces
TOTAL NUMBER OF ROADWAY SPACES: 83 SPACES

SCHEDULE "E"

SIDEWALK VENDORS – CANADA DAY (By-law 2004-99)
ST. PATRICK STREET	WEST OF MACKENZIE AVENUE to south side of Interprovincial Bridge on concrete sidewalk (ramp to bridge)	52 spaces
MACKENZIE AVENUE	WEST SIDE north of 91 metre restriction to intersection of MacKenzie Avenue and St. Patrick Street * 8 Itinerant	15 spaces
TRAFFIC ISLAND bordered by St. Patrick Street connecting sidewalk between MacKenzie Avenue and Art Gallery	2 spaces
TERRY FOX WALKWAY	* All Itinerant	12 spaces
WELLINGTON STREET	SOUTH SIDE between Metcalfe Street and Elgin Street	13 spaces
SOUTH SIDE between Metcalfe Street and O'Connor Street	19 spaces
SOUTH SIDE between Bank Street and O'Connor Street	21 spaces
SOUTH SIDE between Bank Street and Kent Street	28 spaces
SOUTH SIDE between Bank Street and Lyon Street	17 spaces
ELGIN STREET	WEST SIDE between Wellington Street and Sparks Street * 4 Itinerant adjacent to Langevin Block	14 spaces
WEST SIDE between Queen Street and Sparks Street, south of Sparks Street Mall border	1 space
WEST SIDE between Queen Street and Albert Street	9 spaces
WEST SIDE between Albert Street and Slater Street	3 spaces
EAST SIDE south of Sparks Street and north of entrance to National Arts Center	8 spaces
EAST SIDE between Slater Street and Laurier Avenue	12 spaces
METCALFE STREET	WEST SIDE between Wellington Street and Sparks Street	5 spaces
WEST SIDE between Sparks Street and Queen Street	1 space
WEST SIDE between Slater Street and Laurier Avenue	3 spaces
EAST SIDE between Wellington Street and Sparks Street * 3 Itinerant adjacent to Langevin Block	4 spaces
EAST SIDE between Queen Street and Sparks Street	1 space
EAST SIDE between Queen Street and Albert Street	2 spaces
WEST SIDE between Queen Street and Albert Street	2 spaces
O'CONNOR STREET	WEST SIDE between Sparks Street and Queen Street	1 space
WEST SIDE between Queen Street and Albert Street	1 space
EAST SIDE between Wellington Street and Sparks Street	1 space
EAST SIDE between Queen Street and Sparks Street	1 space
BANK STREET	WEST SIDE between Sparks Street and Queen Street	2 spaces
WEST SIDE between Albert Street and Slater Street	2 spaces
EAST SIDE between Sparks Street and Queen Street	2 spaces
EAST SIDE between Queen Street and Albert Street	1 space
KENT STREET	EAST SIDE between Sparks Street and Queen Street	1 space
TOTAL NUMBER OF SIDEWALK SPACES: 256 SPACES

SIDEWALK VENDORS – CANADA DAY (By-law 2004-99)

STREET

GENERAL DESCRIPTION

# OF SPACES

ST. PATRICK STREET

WEST OF MACKENZIE AVENUE to south side of Interprovincial Bridge on concrete sidewalk (ramp to bridge)

52 spaces

MACKENZIE AVENUE

WEST SIDE north of 91 metre restriction to intersection of MacKenzie Avenue and St. Patrick Street

* 8 Itinerant

15 spaces

TRAFFIC ISLAND bordered by St. Patrick Street connecting sidewalk between MacKenzie Avenue and Art Gallery

2 spaces

TERRY FOX WALKWAY

* All Itinerant

12 spaces

WELLINGTON STREET

SOUTH SIDE between Metcalfe Street and Elgin Street

13 spaces

SOUTH SIDE between Metcalfe Street and O'Connor Street

19 spaces

SOUTH SIDE between Bank Street and O'Connor Street

21 spaces

SOUTH SIDE between Bank Street and Kent Street

28 spaces

SOUTH SIDE between Bank Street and Lyon Street

17 spaces

ELGIN STREET

WEST SIDE between Wellington Street and Sparks Street

* 4 Itinerant adjacent to Langevin Block

14 spaces

WEST SIDE between Queen Street and Sparks Street, south of Sparks Street Mall border

1 space

WEST SIDE between Queen Street and Albert Street

9 spaces

WEST SIDE between Albert Street and Slater Street

3 spaces

EAST SIDE south of Sparks Street and north of entrance to National Arts Center

8 spaces

EAST SIDE between Slater Street and Laurier Avenue

12 spaces

METCALFE STREET

WEST SIDE between Wellington Street and Sparks Street

5 spaces

WEST SIDE between Sparks Street and Queen Street

1 space

WEST SIDE between Slater Street and Laurier Avenue

3 spaces

EAST SIDE between Wellington Street and Sparks Street

* 3 Itinerant adjacent to Langevin Block

4 spaces

EAST SIDE between Queen Street and Sparks Street

1 space

EAST SIDE between Queen Street and Albert Street

2 spaces

WEST SIDE between Queen Street and Albert Street

2 spaces

O'CONNOR STREET

WEST SIDE between Sparks Street and Queen Street

1 space

WEST SIDE between Queen Street and Albert Street

1 space

EAST SIDE between Wellington Street and Sparks Street

1 space

EAST SIDE between Queen Street and Sparks Street

1 space

BANK STREET

WEST SIDE between Sparks Street and Queen Street

2 spaces

WEST SIDE between Albert Street and Slater Street

2 spaces

EAST SIDE between Sparks Street and Queen Street

2 spaces

EAST SIDE between Queen Street and Albert Street

1 space

KENT STREET

EAST SIDE between Sparks Street and Queen Street

1 space

TOTAL NUMBER OF SIDEWALK SPACES: 256 SPACES

SCHEDULE “F”

Roadway Space #	Location (nearest municipal address or intersection.)	Vendor Type

200	North side of Wellington (1145) west of McCormick	Food/Motor

201	West side of Courtwood minimum 15 metres south of Woodward (1716)	Food/Motor

202	South side of Richmond between Patricia & Hilson	Food/Motor

203	West side of Booth (600) south of Norman	Food/Motor

204	South side of Wellington west of Holland	Food/Motor

205	East side of Booth minimum 15 metres north of Norman	Food/Motor

206	West side of Dumaurier (2865) a minimum of 15 metres from Ramsey and 20 metres from the bus stop	Food/Motor

207	East side of Bantree (1815) on gravel portion	Food/Motor

208	Conventry (419) at north west corner of 90 degree turn	Food/Motor

209	South side of St. Laurent (2315) east of Thurston Minimum 20 m east of bus stop	Food/Motor

210	North side of Old Innes where Old Innes meets Scheffield	Food/Motor

211	West side of Prince of Wales south of traffic circle	Food/Motor

212	Nelson and York	Food/Motor

SCHEDULE “G”

Sidewalk Space #	Location (municipal address or nearest intersection.)	Vendor Type

230	North side of Carling southwest corner 1565	Food Cart

231	South side of Richmond (366) between Roosevelt and Churchill	Food Cart

232	West side of Rochester (300) south of Gladstone	Food Cart

233	East side of Holland north side of Scott minimum 10m from intersection	Food Cart

234	North side of Carling West side of Preston	Food Cart

235	East side of Fairlawn at a minimum distance of 45metres south of Carling	Food Cart

236	North side Rideau (275) west of King Edward	Food Cart

237	North side of Lancaster (2723)	Food Cart

238	North side of Belfast 45m west of Michael	Food Cart

239	South side of Richmond between Patricia and Hilson	Food Cart

240	South side of Laurier Avenue East (66) east of pedestrian crosswalk	Food Cart

241	North side of Laurier Avenue East (75) west of pedestrian crosswalk	Food Cart

242	North side of Rideau (201) east of Waller	Food Cart

243	West side of North River at McArthur	Food Cart

244	Beechwood and MacKay	Food Cart

SCHEDULE “H”

Lottery Application Fee $100

Processing Fee $50

Duplicate Permit Fee $50

Late Fee $50

Designated Spaces

Three Year Permit Fee - Installments –

Table 1

Street Spaces	3 year Permit Fees	Annual Installments
Removal Zone 1		2008	2009	2010
Schedule B	$11,250	$3,500	$3,750	$4,000
Schedule F	$5,100	$1,600	$1,700	$1,800

Table 2

Sidewalk Spaces	3 year Permit Fees	Annual Installments
Removal Zone 2		2008	2009	2010
Schedule C	$4,800	$1,500	$1,600	$1,700
Schedule G	$2,400	$750	$800	$850

DOCUMENT 2 – Public Consultation – Input and Departmental Response

1. COMMENTS - Received from Permit Holders

a) The programme works well and could be improved with minor changes;

Generally there is a high satisfaction level with the programme.

b)Repeal the proposal call as a method of allocation, replace with on-going right of renewal;

Permit holders are unanimous in expressing their objections related to the « proposal call » and the prospect of losing their designated space after more than 10 years in operation.

Departmental Response

The report proposes to eliminate the proposal call and to replace it with a process that retains the concept of a three year permit period that gives the permit holder stability in knowing that the space can be retained during the permit’s three year period and that the permit renewal at the end of the permit period will not be unreasonably refused subject to continued compliance with all the related regulations and by-laws.

c)Plate holders should have the right to transfer the designated space plates to people other than immediate family members;

Departmental Response

Community and Protective Services and Legal Services strongly recommend that the non-transferability of the permit (to people other than immediate family members) be retained. The provision is required to prevent artificial market values and the speculation related to black market values. The permits and the designated spaces are the property of the City of Ottawa and should not be subject to speculation.

d) Fees are too high; and the programme should allow for pro-rated fees related to the time the space is actually occupied;

Departmental Response

The recommendations propose increases to the Designated Space Permit fees with year-over-year increases are in the range of 6% over the next three years, resulting in a 20% increase over the three year permit period. However, combined with proposed Business License fee reductions (see reports Ref. No:ACS2007-CPS-BYL-0051 and 0052) the permit holder will actually see a reduction in overall fees in 2008.

The cost related to administration and enforcement of the Programme and related business activities is recovered by the combined revenues from the required business license fees and designated space permit fees (based on the annual fee). Pro-rated permit fees are not recommended at this time. Introduction of pro-rated fees based on the actual occupation of the space (approx. 7 months a year) would not maintain current cost recovery objectives. In response to the permit holder concerns the Department is recommending that the related business license fees offer flexible fees based on various license periods.

f)Allow for increases in sidewalk space dimensions if suitable (no safety concerns or obstructions).

Departmental Response

This concern is being addressed in the report (Ref. No. ACS2007-CPS-BYL-0052) related to Mobile Refreshment Vehicles and Carts, wherein an proposed by-law provision creates an application and review process for application requesting dimension increases. The report proposes that the Chief License Inspector be delegated the authority to approve requestes for increases of 10% of less where suitable.

2- COMMENTS – Received by the Bank Street – Business Improvement Area

The tendering process should be utilized. The process was included to provide opportunities for other individuals to participate in the program and to raise revenues for the City.

Departmental Response

Community and Protective Services believes that undertaking proposal calls every three years to re-allocated all designated spaces will significantly and negatively impact on the service provided by current permit holders. Previous Councils have continually deferred the process. Current permit holders have 10 to 20 years experience and have attracted their client base over many years. Imposing a tendering process would reduce the interest in operating from Designated Spaces and risk attracting individuals that lack the required experience, and would make it more difficult to obtain loans from banks needed to invest back in the equipment and vehicles, if lending institutions feel the business may be required to move every three years).

DOCUMENT 3 - The Designated Space Programme By-law (300-96) – History

In the early 1990’s, the former City of Ottawa began issuing a limited number of business licenses (under the provisions of Licensing By-law L6-2000 - Schedule 17 relating to Itinerant Sellers and Schedule 20 related to Refreshment Vehicles) to authorize vending from on-street or on-sidewalk spaces. The related regulations aimed to ensure safety, traffic flow and maintenance requirements. The licenses authorize vending from streets and sidewalks within the boundaries of the old City of Ottawa as long as the spaces utilized complied with the by-law.

The downtown core quickly became saturated with on-street and on-sidewalk vendors due to high pedestrian traffic and limited availability of private property spaces. As a result conflicts between vendors competing for the best spaces became daily occurrences, owners of fixed premises began complaining of unfair competition, and lower revenues began to impact the viability of street and sidewalk vending.

A moratorium on the issuance of (new) original licenses has been in effect for more than 10 years. However people who hold valid licenses may renew their municipal license annually provided they comply with all regulations. The licenses are not transferable (except to immediate family members) and are not re-issued if the current licensee ceases to renew or ceases operations.

In order to control the number of vendors and vending locations, the former City of Ottawa applied for and obtained special enabling legislation from the Province. The City of Ottawa Act, 1996 gave Council the authority to enact the Designated Space Programme By-law to regulate the number of vending spaces, designate removal zones, regulate the vending spaces, set permit fees, impose an allocation process, etc.

The Designated Space Programme By-law established approximately 100 spaces (30 – on-street spaces and 70 – on-sidewalk spaces) within the downtown area. To give effect to the control measure the by-law designated the downtown area as a ‘Removal Zone’ from which vending from the street or sidewalk is only allowed by vendors who hold valid vending licenses and a permit to operate from a specific designated space. Street and sidewalk designated space permits are subject to annual permit fees. The Designated Space Programme By-law applies only to the former City of Ottawa and cannot be expanded in its current format to other areas of the new City because of the enabling legislation.

The designated spaces were initially allocated by seniority. Although the by-law provides for such spaces to be re-allocated by a proposal call process every three years Council has always deferred this process instead allowing the existing licensees the previlege to renew their permit on a year to year basis.

Both the designated space permits and the business licenses that allow vending on the street or sidewalk cannot be transferred (except to an immediate family member). The licenses and associated designated spaces are taken off the inventory once the licensee ceases to operate. The ‘transfer’ prohibition is in place to reduce the number of spaces by attrition, to avoid spaces becoming object of speculation, to prevent the creation of artificial street value and to control inappropriate financial transactions related to roadway or sidewalk spaces.

Vendors on Highways By-law – Prohibition related to vending on streets and sidewalks

The Vendors on Highways By-law approved by Council (report entitled: By-laws – Vendors on Highways Ref.No. :ACS2005-CPS-BYL-0023), came into effect on May 15, 2006. The by-law imposes a prohibition on vending on streets and sidewalks within the City of Ottawa, except from spaces that are designated pursuant to the Designated Space Programme By-law (No. 300-96) or during an approved special event. The by-law provides exceptions to the general vending prohibition (mobile ice-cream vendors); and provides for the removal, storage and disposal of goods placed on the highway in contravention of the By-law.

2006 Amendments to the Designated Space Programme By-law

Before the Vendors on Highways By-law came into effect, Council approved amendments to the Designated Space Program By-law to establish twelve (12) roadway spaces and fifteen (14) sidewalk spaces outside the original Removal Zone and created a second removal zone which includes the entire former City of Ottawa except the original Removal Zone. The amendment was needed to recognize existing qualified vendors that were not at a fixed on-street or on-sidewalk space.

As stated before the transition provisions of the City of Ottawa Act 1999, enable Council to adopt and amend the Designated Space Programme only as it applies to the geographic area of the former City of Ottawa.

Currently, the number of spaces available under the Designated Space Programme are as follows :

Original Removal Zone Second Removal Zone

(Downtown Former Ottawa) (Remaining area of Former City of Ottawa)

12 on-street and 16 on-sidewalk spaces 13 on-street and 15 on-sidewalk spaces

The current Designated Space Programme By-law as amended allows for additional spaces to be approved at a later date to consider the affected licensees that have not for various reasons, been able to participate in the 2006 round of review and approvals. All current proposed and future proposed spaces will be located in old Ottawa and will have been reviewed and approved by the Chief License Inspector following consultation with various City Departments to ensure safety and nuisance concerns have been addressed and that the spaces are otherwise suitable.

The programme is considered beneficial by permit holder and the Community and Protective Services.

The designated space programme has achieved its intended objectives of reducing conflicts between vendors and attaining a reasonable number vending spaces through attrition. The programme is deemed beneficial and effective by both staff and permit holders/vendors.