2. LICENSING BY-LAW – RURAL ITINERANT SELLERS – HARMONIZATION

HARMONISATION DE LA RÉGLEMENTATION RELATIVE AUX PERMIS POUR LES VENDEURS ITINÉRANTS EN MILIEU RURAL

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council:

1. Approve amendments to the Licensing By-law No. 2002-189, as amended, to come into effect May 14, 2009, as detailed in Document 1, to:

(a) provide for the licensing and regulating of Rural Itinerant Sellers operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau — Goulbourn Ward 21, West Carleton- March Ward 5; and

(b) provide for the necessary administrative amendments to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode and Cumberland; and

2. Substitute the "farm produce" definition found in Document 1 with the following:

"farm produce" means fruits, vegetables, plants, roots, seeds, mushrooms, eggs, meats, poultry, game, honey and maple products, but does not include tobacco or tobacco products.

RECOMMANDATIONS MODIFIÉES DU COMITÉ

Que le Conseil

1. approuve les modifications au Règlement n^o 189-2002 sur les permis, qui a déjà été modifié, telles que décrites en détail dans le document 1 et devant entrer en vigueur le 14 mai 2009, lesquelles auront pour effet :

a) permettre l’octroi de permis et la définition de règles pour les vendeurs itinérants qui exercent leurs activités dans les quartiers ruraux suivants : Cumberland (quartier 19), Osgoode (quartier 20), Rideau–Goulbourn (quartier 21), West Carleton–March (quartier 5);

b) permettre les modifications administratives nécessaires pour inclure dans la réglementation de nouvelles définitions, y définir les catégories de permis ainsi que les droits et dates d’échéance s’y rattachant et prévoir des dispositions visant à assurer une transition harmonieuse et à abroger les règlements apparentés actuellement en vigueur dans les anciennes municipalités d’Osgoode et de Cumberland.

2. remplace la définition suivante de « produit agricole » qui se trouve dans le Document 1 :

on entend par « produit agricole », les fruits, les légumes, les plantes, les racines, les graines, les champignons, les oeufs, les viandes, la volaille, le gibier, le miel et les produits a l'érable, mais non le tabac ni les produits de tabac.

Documentation

1. Deputy City Manager's report, City Operations dated 13 March 2009 (ACS2009-COS-EPS-0022).

Report to/Rapport au:

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

13 March 2009 / le 13 mars 2009

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

Directeur municipal adjoint,

City Operations/Opérations municipales

Contact Person/Personne ressource : Susan Jones

General Manager, Emergency and Protective Services/Service des reglements municipaux

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

Cumberland (19), Osgoode (20), Rideau-Goulbourn (21), West Carleton-March (5)

Ref N°: ACS2009-COS-EPS-0022

SUBJECT:	LICENSING BY-LAW – Rural Itinerant Sellers – Harmonization
OBJET :	Harmonisation de la réglementation relative aux permis pour les vendeuRs itinérants en milieu rural

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council:

1. Approve amendments to the Licensing By-law No. 2002-189, as amended, to come into effect May 14, 2009, as detailed in Document 1, to:

(a) provide for the licensing and regulating of Rural Itinerant Sellers operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau – Goulbourn Ward 21, West Carleton-March Ward 5; and

(b) provide for the necessary administrative amendments to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode and Cumberland.

RECOMMANDATION DU RAPPORT

Que le Comité de l'agriculture et des affaires rurales recommande au Conseil municipal :

1. d’approuver les modifications au Règlement n^o 189-2002 sur les permis, qui a déjà été modifié, telles que décrites en détail dans le document 1 et devant entrer en vigueur le 14 mai 2009, lesquelles auront pour effet :

c) de permettre l’octroi de permis et la définition de règles pour les vendeurs itinérants qui exercent leurs activités dans les quartiers ruraux suivants : Cumberland (quartier 19), Osgoode (quartier 20), Rideau–Goulbourn (quartier 21), West Carleton–March (quartier 5);

d) de permettre les modifications administratives nécessaires pour inclure dans la réglementation de nouvelles définitions, y définir les catégories de permis ainsi que les droits et dates d’échéance s’y rattachant et prévoir des dispositions visant à assurer une transition harmonieuse et à abroger les règlements apparentés actuellement en vigueur dans les anciennes municipalités d’Osgoode et de Cumberland.

EXECUTIVE SUMMARY

This report recommends new harmonized licensing regulations for Rural Itinerant Sellers. The proposed regulations are consistent with regulations recently approved by Council for Urban Itinerant Sellers and also reflect regulations currently in place in Osgoode and Cumberland. The proposed harmonized Rural Itinerant Seller by-law will streamline regulations and simplify the administrative process for both staff and licensees.

In part, the proposed regulation:

· Requires that a business license be obtained to sell goods from place to place, from a particular place, and/or at special events, in the rural wards;

· Authorizes licensed Rural Itinerant Sellers to sell in rural areas only during the term of the license (provided permission is granted);

· Exempts farmers who sell home grown produce from any rural property provided the property is suitably zoned;

· Prescribes equipment and vehicle standards for safety and suitability;

· Requires a minimum $1,000,000 Commercial General Liability insurance coverage;

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

· Establishes the following fees: $300 annual, $200 for an 8 month term, and $100 for a special event; and

· Waives requirements when fundraising or selling at certain fairs, festivals and farmers markets.

Public consultation included meetings with rural itinerant sellers and other stakeholders to collect their suggestions to help draft the regulation. A final stakeholder meeting was held on February 3, 2009 to present the proposed regulations. Comments received were considered in the drafting of the regulations and the development of this report.

A notice appeared in the Citizen, the Sun and Le Droit on March 13 and March 20, 2009, notifying the general public of the report and meeting date of the Agriculture and Rural Affairs Committee at which the recommendation will be considered.

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

RÉSUMÉ

Le présent rapport recommande l’adoption d’une réglementation harmonisée concernant les permis pour les vendeurs itinérants en milieu rural. Les dispositions recommandées sont conformes à celles récemment entérinées par le Conseil pour les vendeurs itinérants en milieu urbain et sont représentatives des règlements actuellement en vigueur dans les anciennes municipalités d’Osgoode et de Cumberland. Le règlement proposé pour les vendeurs itinérants en milieu rural permettra d’harmoniser la réglementation existante et de simplifier le processus administratif, tant pour le personnel que pour les titulaires de permis.

Le règlement aura notamment pour effet :

· d’imposer l’obligation d’obtenir un permis d’entreprise pour vendre des produits dans les quartiers ruraux, que ce soit en se déplaçant d’un lieu à un autre, à partir d’un endroit particulier ou à l’occasion d’événements spéciaux;

· d’autoriser les vendeurs itinérants en milieu rural à qui un permis a été octroyé à vendre leurs produits dans les secteurs ruraux uniquement pendant la période prévue par leur permis;

· d’exempter de l’obligation d’obtenir un tel permis les agriculteurs qui vendent des fruits et des légumes frais cultivés sur leurs terres à partir de n’importe quelle propriété rurale, dans la mesure où le zonage le permet;

· de définir des normes en matière de sécurité et d’adaptation pour l’équipement et les véhicules;

· d’exiger que les titulaires de permis souscrivent une assurance responsabilité civile commerciale assortie d'une couverture minimale d’un million de dollars;

· d’exiger que les titulaires de permis assurent la sécurité et la propreté du lieu de vente;

· de fixer les droits suivants : 300 $ pour un an, 200 $ pour une période de huit mois et 100 $ pour un événement spécial;

· de suspendre les exigences dans le cas des collectes de fonds et de la vente de produits dans le cadre de foires, de festivals et de marchés de producteurs désignés.

Des consultations publiques ont été menées auprès des vendeurs itinérants en milieu rural et de divers intervenants afin de recueillir leurs suggestions en vue de la rédaction du règlement. Une dernière réunion a eu lieu le 3 février 2009 afin de présenter le règlement proposé aux parties intéressées. Les commentaires formulés au cours du processus de consultation ont été pris en considération dans l’élaboration du règlement et du présent rapport.

La tenue de la réunion au cours de laquelle le Comité de l’agriculture et des affaires rurales recevra le rapport et en examinera la recommandation a été annoncée dans les numéros du 13 et du 20 mars 2009 des quotidiens LeDroit, l’Ottawa Citizen et le Sun.

La recommandation n’aura aucune incidence marquée sur les recettes.

BACKGROUND

Section 151 of the Municipal Act, 2001 (the “Act”) grants municipalities the authority to license, regulate and govern any business wholly or partly carried on within the municipality, even if the business is carried on from outside of the municipality.

In addition, the Act now allows municipalities to regulate different classes of businesses differently, including differences based on geographic areas. Licensing by-laws serve to protect health and safety, provide nuisance control and protect consumers. Specifically the Act empowers Council to pass licensing by-laws to regulate and govern:

(a) trades and occupations;

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

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

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

Itinerant Seller (also known as Salesperson) license regulations are currently in effect in former Cumberland and Osgoode, each having distinct requirements and fees. The current by-laws respecting itinerant vending regulate three primary areas of the “itinerant vending” activity: the individual, the vehicle or stand and the location – which are further categorized, defined and regulated. Generally, license fees are established based on the license period (i.e. annual, special event) and various aspects related to the location from which sales occur (i.e. stand, from a person). Vending for charitable reasons usually benefit from some type of exemption, either from the licensee fees or the regulations, or both.

DISCUSSION

On November 28, 2007, Council approved harmonized urban - itinerant seller regulations for itinerant vending in the urban and suburban wards (see report entitled: “Licensing By-law – Itinerant Sellers – Harmonization” Ref. #: ACS2007-CPS-BYL-0051). At that time Committee was informed that Staff would address regulations for Itinerant Sellers operating in rural areas in a separate report.

The proposed rural itinerant seller regulations are required to appropriately recognize the differences between itinerant selling occurring in rural areas compared to itinerant selling in the urban and suburban areas. Specifically, the proposed regulations provide for greater flexibility in regulating the sale of home-grown produce within the rural wards. The regulations exempt local farmers from the regulations provided they sell their own produce, and from suitably zoned property.

By-law and Regulatory Services recommend that the proposed harmonized by-law Schedule and license fees, attached as Document 1, be enacted in order to streamline the regulations and to facilitate administration and enforcement as well as to simplify the process for licensees.

The proposed regulations reflect the intent of those currently in place in Osgoode and Cumberland and will apply to all Itinerant Sellers vending in the prescribed rural areas of the City. The proposed regulations are intended to represent consistent and fair rules across the City and serve to protect public health and safety, control nuisance and protect consumers.

Recommendation 1 (a) - Licensing and regulating Rural Itinerant Sellers

The proposed Rural Itinerant Sellers regulations are detailed in Document 1. The regulations reflect the recent Council- approved regulations for Itinerant Sellers operating in the City’s urban and suburban wards.

Distinct regulations are required in order to regulate the rural itinerant sellers differently than their urban/suburban counterparts. The rural regulations provide greater opportunities for farmers to vend their home-grown produce from any rural property having suitable zoning within the prescribed rural wards. In addition, the proposed regulation waives the license requirement for this vending activity.

Currently and in the proposed by-law, Itinerant Sellers are permitted to vend goods and merchandise either from their person, from a hand-powered vehicle, a pedal-powered vehicle, a motor vehicle or a stand. The majority of Itinerant Seller licenses are issued for special events to vendors who typically operate from a stand as opposed to a vehicle.

The proposed regulations only apply to itinerant sellers operating within the prescribed rural wards. The annual and eight (8) month term licenses will allow the licensee to operate at any special event or at any permitted location provided permission is granted by the property owner.

However, individuals wishing to sell in areas of the City outside the prescribed rural wards will be required to obtain a separate Itinerant Seller license.

Conditions for Issuance of a License

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

Location Restrictions and Hours of Operation

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

· within 150 metres of a place of business selling the same or similar products;

· in a zone not permitted by the applicable Zoning By-law;

· within 9 metres of an intersection;

· within 10 metres of a bus stop;

· within 600 metres of another vendor; or

· within 6 metres of a pedestrian mall or promenade;

Rural Itinerant Sellers who vend door to door must restrict their sales to the hours between 9:00 a.m. and 9:00 p.m., Monday to Saturday. The foregoing is consistent with the urban / suburban regulations.

Vehicle and Equipment Standards

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

Insurance

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

Exemptions

The by-law is intended to not hinder those who wish to raise money for the purpose of community betterment or charitable purposes. Further, other exemptions are anticipated provided the event has been found to have little or no associated health or safety concerns, no history of related requests for service regarding nuisance, and no evidence that they have caused “consumer protection” concerns. In most cases, the requirement for a health inspection will continue to apply through the Health Protection and Promotion Act.

Staff proposes to exempt rural itinerant sellers from the regulation, when operating at:

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

· resident growers’ who sell produce grown by them at their own farm gate;

· public markets managed by the City; (other regulations apply)

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

· the Central Canada Exhibition; (organizer regulations apply)

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

· events that take place indoors at a shopping mall;

· events for the sell of original art and craft creations by Canadian artists;

· a tenant or community association event selling personal household effects (no more than two days at a time and no more than twice a year); and,

· an outdoor event, where a person sells official event programs in the immediate vicinity of the event, during the hour prior to the activity, during the activity and one hour after the activity.

Prescribed Rural Wards

The proposed regulations benefit itinerant sellers who intend to vend in the Rural Wards only. The prescribed Rural Wards include: Cumberland Ward 19, Osgoode Ward 20, Rideau – Goulbourn Ward 21, West Carleton-March Ward 5.

Itinerant sellers who wish to vend in both the Rural Wards and the Urban/Suburban Wards of the City would be better served by obtaining an Itinerant Sellers license that will permit the licensee to vend throughout the entire city limits.

Recommendation 1 (b) – Amending By-law to provide necessary administrative amendments, including addition of new definitions, license categories, fees and expiry dates, as well as transition provisions.

In order to give effect to the proposed regulation, the general provisions and definition sections of Licensing By-law 2002-189 need to be amended to incorporate additional definitions that will help distinguish the types of Itinerant Sellers regulated and better identify the types of produce that are used as the basis of some of the proposed exemptions.

The Rural Itinerant Seller is defined as an Itinerant Seller who sells within the prescribed Rural Wards only, as follows: a person who within the rural wards only, goes from place to place or to a particular place with goods for sale by retail, or who carries and displays samples, patterns or specimens of any goods for the purpose of sale or hire that are delivered in the rural areas of the City afterwards but does not include a person who sells to wholesale or retail dealers in similar goods.

Other new definitions include “Locally, and Locally Grown”, and “Farm Produce”. These terms need to be defined as they are used to create provisions that exempt certain rural itinerant vending activities. The proposed definitions are as follows:

“locally” or “locally grown” and any substantially similar term means that the goods being advertised or offered for sale originated in Ottawa, the counties of Prescott Russell, Stormont, Dundas and Glengarry, Leeds and Grenville, Lanark, and Renfrew and the origin of such goods has been verified by certification by Savour Ottawa, Farmers’ Markets Ontario or another certifying body acceptable to the Chief License Inspector;

“farm produce” means fruits, vegetables, plants, roots, seeds, mushrooms, eggs, meats, poultry, game, honey and maple products.

The proposed license category and classes are based on license periods, and are outlined in the table below and also detailed in Document 1. The license term options provide for a variety of license periods, including one-time special events, six-months and yearly. Currently, under existing regulations, licensees are required to obtain a separate license for each special event at which they wish to sell. Further, licenses issued under existing by-laws enacted in former municipalities are only valid for the area regulated by the former by-law. The proposed regulation will allow selling at any special event occurring within the prescribed rural wards provided, permission is granted by the event organizer.

Under the proposed regulation an annual license is valid for a particular location and for special events for the term of the license, and a Special Event License limits the licensee to a specific event lasting not more than 30 days.

Adoption of the proposed rural regulations will result in fewer applications and promote service efficiencies for both the licensee and staff.

The proposed fees aim to recover the costs associated with administration, inspection and enforcement, and represent an approximate average of the fees charged under the current by-laws. Although the proposed fees represent an increase for some licensees, that increase will be offset by the fact that licensees will have access to vending opportunities in all the rural wards of the city.

Proposed Fees, Terms and Expiry Dates

Rural Itinerant Seller License	License Fee	Term and Expiry Date
License “A” Annual	$300.00	May 14^th
License “B” eight Months	$200.00	8 consecutive months from issuance
License “C” Special event	$100.00	The termination of the event (Valid for 1 to 30 Days)

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

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

Repeals

The proposed regulations apply within the rural areas of the City as prescribed above. Accordingly, existing by-laws and regulations enacted in former rural municipalities must be repealed. The proposed amending by-law provides for the repeal of the regulations being replaced by the proposed Schedule 27 as detailed in Document 1.

RURAL IMPLICATIONS

The proposed by-law schedule will address itinerant vending in rural areas only and is intended to harmonize, streamline and simplify licensing for vending businesses in the rural wards.

CONSULTATION

An advertisement, notifying the public of the Agriculture and Rural Affairs Committee meeting at which the recommendations would be considered and inviting comment, appeared in the Ottawa Citizen, The Ottawa Sun and Le Droit on March 13 and March 20, 2009.

A notice was sent to all currently licensed itinerant vendors advising them of potential amendments to the existing regulations and inviting them to a meeting on February 3, 2009 to discuss and comment on those amendments. Approximately twenty vendors were in attendance. All comments and concerns were considered in the development of the proposals.

Extensive consultation was undertaken with the Local Farmers of Ottawa (LFOO), a newly formed group comprised of several local farmers. At the February 12, 2009 meeting of the Agriculture and Rural Affairs Committee, LFOO made a presentation outlining its concerns about any potential staff proposals related to itinerant vending. At that time, staff responded to all of the concerns identified.

With a view to more fully exploring LFOO’s concerns, a meeting with the group was convened on March 3, 2009. Staff of By-law and Regulatory Services, Legal Services, Planning and Growth Management, Traffic Management, and Rural Affairs, as well as Ward 21 Councillor Glenn Brooks attended. The additional concerns outlined by LFOO, which were in fact outside of the scope of the proposed by-law, were all addressed accordingly. Staff is committed to working with the Local Farmers of Ottawa to help promote the sale of locally grown produce in the city, and will endeavour to meet with the group at least once each year, prior to the busy vending season, to review any concerns and identify potential changes, as necessary.

LEGAL/RISK MANAGEMENT IMPLICATIONS:

There are no legal or risk management implications associated with the recommendations of this report. There is sufficient legal authority within the provisions of the Municipal Act, 2001 to allow the implementation of the proposed licensing regulations.

CITY STRATEGIC DIRECTIONS

The recommendation has no direct impact on the City Strategic Directions.

FINANCIAL IMPLICATIONS

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

SUPPORTING DOCUMENTATION

Document 1 – Draft Amending By-law and Schedule 27 Relating to Rural Itinerant Sellers.

DISPOSITION

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

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

Schedule No. 27

Relating to Rural Itinerant Sellers

LICENSES AVAILABLE

1. The following licenses may be issued pursuant to this by-law:

(a) a License “A”, an annual license to a rural itinerant seller vending on private property or at one or more rural special events in the rural wards;

(b) a License “B” a eight-month license valid for eight consecutive months to a rural itinerant seller vending on private property or at rural special events in the rural wards;

(c) a License “C,” a rural special event license to a rural itinerant seller vending at one or more rural special events in the rural wards expiring thirty (30) days after its issuance.

LICENSES REQUIRED

2. Every person who operates as a rural itinerant seller shall obtain a license.

3. A person who operates as a rural itinerant seller for a licensed rural itinerant seller shall obtain a separate rural itinerant seller license.

4. Every licensed rural itinerant seller may vend goods from:

(a) his or her person,

(b) a hand-powered vehicle,

(d) a motor vehicle, or

(e) from a stand when vending at a rural special event.

EXEMPTIONS

5. (1) Despite Sections 2 and 3, no rural itinerant seller license shall be required by a person operating as a rural itinerant seller at:

(a) a farmers’ market and events that are sponsored by or for the benefit of farmers’ markets,

(b) a public market managed by the City,

(d) any suitably zoned rural property where permission is granted by the property owner and where the person sells only locally grown farm produce and such vending is limited to the rural Wards as prescribed in this by-law,

(e) the Central Canada Exhibition,

(f) a fundraising event for a charitable or not-for-profit organization that support cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiative for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person, and provided that the organization has a Revenue Canada number, and

(g) an event that takes place indoors at a shopping mall.

(2) Despite Sections 2 and 3, no rural itinerant seller license shall be required by a person selling his or her own original art and craft creations in any rural wards.

(3) Despite paragraph (f) of subsection 5(1), a rural itinerant seller participating at a fundraising event shall require a license if he or she does not remit all profits, raised by the itinerant vending activity, to the charity or not-for-profit organization for which the event is being held.

6. No holder of a valid license “A”,or “B” issued pursuant to this by-law shall be permitted to vend at a rural special event unless the licensee:

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

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

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

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

(b) has written proof that he or she is permitted to operate at the rural special event, from the event organizer;

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

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

7. The provisions of this by-law do not apply to a person who sells to wholesale or retail dealers in similar goods.

8. Despite any of the provisions of this by-law, a rural itinerant seller's license shall not be required by:

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

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

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

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

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

(c) a rural itinerant seller who vends at a flea market for which the promoter or organizer of such flea market has obtained a Flea Market license under this by-law, or

(d) a vendor of items that are being sold for charitable purposes and community betterment provided that the rural itinerant seller remits all revenues to the charitable cause.

9. The provisions of this by-law do not apply to a person who sells official programs for a special outdoor event provided the activity takes place on the property where the event is held,

(a) within the hour prior to the event,

(b) during the event, and

10. Despite subsection 5(1), every rural itinerant seller must comply with all other municipal, provincial and federal by-laws, Acts and regulations.

11. The provisions of this SCHEULE apply only to the rural wards.

CONDITIONS FOR ISSUANCE

12. (1) No applicant for a rural itinerant seller’s license shall be issued a license unless:

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

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

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

(e) the applicant who proposes to hold a rural special event has furnished details of the rural special event including its location and duration and complies with the provisions of this by-law,

(f) the applicant provides proof that all vehicles used in the business comply with the standards and dimensions prescribed in this by-law,

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

(h) the General Manager of Planning and Growth Management of the City has reported in writing, that the location from which the applicant intends to vend complies with applicable zoning by-laws and does not contribute to a deficiency in required parking spaces or obstruct proper vehicular circulation,

(i) the applicant has paid the fees prescribed in Schedule “A”, and

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

(a) the vending business indicated on the application,

(b) the duration and conditions of permission, and

(2) The Chief License Inspector may waive any or all of the requirements listed in subsection (1), where the Chief License Inspector determines that any or all of these requirements do not apply to the licensee’s business.

(3) Despite paragraph (h) of subsection 12(1), the Chief License Inspector may approve a location suitable for the sale of farm produce, provided that:

(a) the farm produce is locally grown,

(b) the location does not obstruct pedestrian or vehicular traffic,

(d) the Ward Councillor has been notified, and

(e) the Traffic and Parking Operations Branch has been notified.

CONDITIONS FOR RENEWAL OF LICENSE

13. (1) The holder of a “A”, or“B” licensee shall within thirty (30) days of the expiration of the license submit for inspection by the Chief License Inspector, his or her:

(a) hand-powered vehicle,

(b) pedal-powered vehicle,

(d) stand, and

(e) vending equipment,

as the case may be.

(2) The licensee must also comply with the applicable requirements pursuant to Section 12.

REFUSAL OF LICENSE

14. In addition to the provisions of Section 21 of the by-law, the Chief License Inspector may refuse to issue or renew a rural itinerant seller license if,

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

(b) an inspection or investigation reveals that the vehicle or equipment used for vending does not comply with the provisions of this by-law; or

ISSUANCE OF LICENSE

15. (1) The Chief License Inspector shall upon issuance, furnish to the successful applicant:

(a) a license certificate bearing the following information:

(i) the name of the licensee;

(ii) the period for which the License in valid; and

(iii) the type of License;

(b) if a vehicle is used in the business, a plate or decal bearing:

(i) an identification number;

(ii) the category for which the license was issued;

(iii) the words “Rural Itinerant Seller” ; and

(iv) the word “Ottawa”.

(2) Despite subsection 15(1), the Chief License Inspector shall not furnish a plate or decal if:

(a) the licensee carries the articles on his or her person, or

(b) the license issued is a License “C”.

APPROVALS REQUIRED TO VEND FROM A PARTICULAR LOCATION

16. (1) The issuance of a license to operate as a rural itinerant seller does not authorize the licensee:

(a) to vend on or from a highway or sidewalk;

(b) to vend on private property without the written consent of the owner or occupant of such property.

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

(3) Despite subsection 16(1), a licensed rural itinerant seller may vend at a rural special event on a highway provided:

(a) the event is approved pursuant to By-law No. 2001-260, entitled “A by-law of the City of Ottawa to regulate rural special events on City streets”, as amended;

(b) the licensee has obtained written authorization from the event organizer to operate at the rural special event; and

(i) the written authorization prescribed in paragraph (j) of subsection 12(1), and

(ii) a valid license of the appropriate category.

LOCATION RESTRICTIONS

17. No person shall locate or operate as a rural itinerant seller:

(a) within six hundred (600) meters of a place of business selling the same or similar products,

(b) in an area in contradiction with the applicable Zoning By-law,

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

(e) within two hundred (200) metres of another rural itinerant vendor.

INSURANCE AND INDEMNIFICATION

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

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

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

LICENSE TRANSFERS

20. No license issued pursuant to this Schedule shall be transferred from person to person in any manner including leasing agreement and assignment.

LOCATION TRANSFERS

21. Despite Section 20 a transfer from one location to another suitable location may be approved by the Chief License Inspector provided the location complies with all applicable regulations.

VEHICLE AND EQUIPMENT STANDARDS

22. (1) Every hand-powered or pedal-powered vehicle shall be purpose built and suitable for the rural itinerant seller business.

(2) No person operating as a rural itinerant seller shall use,

(a) an external gasoline-powered generator,

(b) an external propane-powered generator,

(d) an external natural gas-powered generator,

in conjunction with the rural itinerant seller activity.

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

(4) Every licensee shall ensure that any hand-powered vehicle, pedal-powered vehicle, or motor vehicle used in the licensed business has attached to or painted on both sides of its exterior body so as to be clearly visible the businesses trade name and address legibly printed in letters and figures not less than seven (7) centimetres in height.

(5) No person shall operate a hand-powered vehicle, pedal-powered vehicle or motor vehicle in connection with the licensed business that is not:

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

(b) capable of immediate relocation by the user.

HAND-POWERED VEHICLE STANDARDS

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

(a) have,

(i) at least two (2) wheels,

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

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

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

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

(3) The canopy may extend beyond the dimensions of the hand-powered vehicle prescribed in Section 24 provided that:

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

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

(4) Despite subsection (3), where the canopy is an umbrella it may extend beyond the dimensions of the hand-powered vehicle prescribed by Section 24 provided that:

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

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

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

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

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

(6) No person shall as part of a rural itinerant seller business vend with or from a hand-powered vehicle that does not comply with the provisions of this Schedule.

DIMENSIONS OF HAND-POWERED VEHICLES

24. (1) No licensee shall use a hand-powered vehicle that exceeds:

(a) three (3) metres in length,

(b) one (1) metre in width, and

(2) The provisions of subsection (1) do not apply to a licensee operating on private property provided that the hand-powered vehicle is approved by the Chief License Inspector.

DIMENSIONS OF PEDAL-POWERED VEHICLES

25. No licensee shall use a pedal-powered vehicle that exceeds:

(a) three (3) metres in length,

(b) one (1) metre in width, and

GENERAL REGULATIONS

26 Every licensee using a hand-powered vehicle, a pedal-powered vehicle or a motor vehicle shall ensure that the decal furnished pursuant to subsection 15(1)(b) is:

(a) properly affixed to the upper right corner of the plate, and

(b) that the plate is attached by bolts to the right rear of the vehicle for which it has been issued

so as to be clearly visible to the public during the currency of the license.

27. Every licensee shall ensure that the license certificate issued by the Chief License Inspector pursuant to subsection 15(1) is, at all times during the operation of the licensed business,

(a) posted on or in the vehicle and visible to the public; or

(b) on his or her person.

28. Every person who vends under the authority of a license shall ensure that the license certificate corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 15 (1).

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

30. Every licensee who permanently ceases to operate as a rural itinerant seller shall return the plate to the Chief License Inspector within seven (7) business days of the cessation of operations.

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

32. Every person who vends on private property with the consent of the owner or occupant of such property shall:

(a) ensure that he or she has the consent (pursuant to section 16) in his or her possession, and that the consent includes the name and telephone number of the property owner, the duration of the permission and other conditions if applicable, and

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

33. No licensee or person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or a Peace Officer:

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

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

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

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

35. Every person who vends under the authority of a license shall ensure that he or she has the original license certificate in his or her possession.

36. Every person who vends under the authority of a license shall ensure that the license corresponds with the plate or decal furnished by the Chief License Inspector pursuant to Section 6.

37. A person who operates a rural itinerant seller business, whether a single enterprise, partnership or corporation, shall obtain a license for each individual who vends goods for that business.

38. The license issued under Section 6 may be in the name of the business or the individual who is doing the actual vending to the public.

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

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

41. Every licensee who relocates his or her rural itinerant seller business during the currency of the license shall obtain prior approval from the Chief License Inspector.

42. Every licensee shall:

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

(b) comply with By-law No. 2003-503, entitled “A by-law of City of Ottawa regulating traffic and parking on highways”, as amended, or any by-law enacted in substitution therefor, and

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

43. Despite any other provision of this by-law, every person who vends goods for a person who operates a rural itinerant seller’s business shall produce the license certificate of the appropriate category for inspection if requested by any By-law Officer or Peace Officer.

44. No rural itinerant seller shall conduct door to door sales within the rural wards of the City between 9:00 p.m. of one day and 9:00 a.m. of the following day from Monday to Saturday inclusive.

45. Every licensee shall ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area immediately after the vending activity has ceased.

46. For the purposes of Section 45 the placing of the garbage or litter in a sidewalk refuse container provided by the City is not sufficient to constitute removal.

REPRESENTATION

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

48. No licensee shall alter, erase or modify or permit to the alteration erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing of the City or their designate ho has initialized the change.

Rural Itinerant Seller License	License Fee	Term and Expiry Date
License “A” Annual	$300.00	May 14th
License “B” Eight Months	$200.00	Eight consecutive months
License “C” Rural Special Event	$100.00	the termination of the event (valid for 30 days)