THE CORPORATION OF THE TOWNSHIP OF MACHAR

BY-LAW NO. 11-98

 

Being a by-law to regulate and govern Hawkers and Peddlers

 

in the Township of Machar

 

 

WHEREAS Section 234 of the Municipal Act, R.S.O. 1990, as amended, authorizes the

passing of by-laws for licensing, regulating and governing persons who go from place to place or to

a particular place with goods, wares or merchandise for sale, or who carry and expose samples,

pattern or specimens of any goods, wares or merchandise that are to be delivered in the municipality

afterwards.

 

NOW THEREFORE the Council of the Corporation of the Township of Machar enacts as

Follows:

 

1. That every person who goes from place to place or to a particular place with goods, wares or

merchandise for sale or who carry and expose samples, patterns or specimens of any goods,

wares or merchandise that are to be delivered in the municipality afterwards shall obtain a

license for doing so from the Township of Machar.

 

2. No license shall be required for hawking, peddling or selling goods, wares or merchandise:

 

(a) to wholesale or retail dealer in similar goods, wares or merchandise or

(b) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and

are hawked, peddled or sold by the grower, producer or manufacturer or his agent or

employee having written authority to do so in the municipality in which the grower,

producer or manufacturer resides, or

(c) if the goods, wares or merchandise are grown or produced by a farmer resident in

Ontario who offers for sale or sells only produce of his own farm or

(d) if the goods, wares or merchandise are hawked, peddled or sold by a person who pays

business taxes in the municipality or by his employee or agent.

 

3. Any license granted under this by-law shall be granted on the condition that no person shall

hawk, peddle or sell any goods, wares or merchandise in any manner as to impede or

confine vehicular or pedestrian traffic.

 

4. That a separate license shall be required for each cart, stand or vehicle where hawking or

peddling or selling takes place, and this license shall be displayed in a conspicuous place

on the stand, cart, or vehicle or location available for presentation on demand by a Police

Officer, By-Law Enforcement Officer or Licensing Officer.

 

5. That the processing of a license pursuant to the provisions of this by-law shall be in

accordance with the usual licensing procedures of the Corporation of the Township of

Machar.

 

6. No person shall act or carry on the business of hawkers or peddlers on municipality owned or

leased lands or facilities. This does not apply to a local non-profit organization if the

proceeds thereof are to be used exclusively for religious, charitable, philanthropic, patriotic

purposes or to benefit the community.

 

7. A license shall not be transferred.

 

8. All applications for licenses under this by-law shall set out the name, address and

occupation of the applicant; the nature of the merchandise which the applicant proposes to

sell and the nature of the license applied for.

 

9. The fee payable upon the issue of each license and on any renewal or re-issue shall be the

sum as set out in Schedule A of this by-law, a license must be renewed annually.

 

 

 

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF JUNE 1998.

 

 

 

____________________________________

REEVE HARVEY PINKERTON

 

 

____________________________________

ACCOUNTING CLERK TRACY PETERS

 

 

 

 

THE CORPORATION OF THE TOWNSHIP OF MACHAR

 

SCHEDULE A TO BY-LAW NO. 11-98

 

SCHEDULE OF FEES

 

 

HAWKERS & PEDDLERS Annual Rate Non-Resident $150.00

Resident 75.00

 

Daily Rate 25.00

 

MOBILE FOOD VENDORS

 

Refreshment Vehicles Annual Rate Non-Resident $ 50.00

Resident 25.00

 

Small Mobile Cart $ 15.00

 

PENALTY

 

Any person who violates any provisions of this By-Law is, upon conviction, guilty of an

offence and shall be liable to a fine, subject to provisions of the Provincial Offences Act,

R.S.O. 1990, Chapter P.33 as amended, and be subjected to any other penalties permitted

by law for each offence. Each day such violation continues, shall constitute a separate

offence and shall be punishable as such.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE B TO BY-LAW NO. 11-98

 

THE CORPORATION OF THE TOWNSHIP OF MACHAR

 

APPLICATION FOR LICENSE FOR THE YEAR 19__

 

 

1: Type of License: ___ Hawker & Peddler

___ Refreshment Vehicle

 

2: Business, Company or Organization name if any:

 

_____________________________________________________________________

Given Name(s) Surname

 

3: Particulars of applicant and each partner, if any:

 

RESIDENCE BUSINESS

 

____________________________ ____________________________________

Street Address Street Address

 

____________________________ ____________________________________

City City

 

____________________________ ____________________________________

Postal Code Phone Postal Code Phone

 

Partners

 

____________________________ ____________________________________

Name Name

 

____________________________ ____________________________________

Street Address Street Address

 

____________________________ ____________________________________

City City

 

____________________________ ____________________________________

Postal Code Phone Postal Code Phone

 

4: Have any previous licenses been granted to the applicant by the Township of Machar?

____ ____

Yes No

 

5: Particulars of previous license:

 

______________________________________________________________________

 

______________________________________________________________________

 

6: A complete list and description of the goods, wares or merchandise intended to be

sold:

 

______________________________________________________________________

 

______________________________________________________________________

 

7: There must be attached to this application, true copies of all forms of contract,

promissory notes or other documents intended to be used by the applicant in

connection with the sale of goods, wares or merchandise.

 

Note: Attach additional sheets where necessary.

8: I, the undersigned applicant, hereby certify:

 

a) that, to the best of my knowledge and belief, the information hereinbefore set forth and

attached hereto is true and correct.

 

b) that I am familiar with the terms and provisions of the by-laws of the Corporation of the

Township of Machar relating to the carrying on of the type of business in respect of

which this application is being made.

 

c) that I will comply with the terms and provisions of such by-laws.

 

d) I understand that I am not allowed to carry on the trade or business in the Township of

Machar in respect of which this application for license is being made unless and until

this application has been approved by the Corporation of the Township of Machar and

the necessary license issued.

 

e) I will furnish the By-Law Enforcement Officer for the Township of Machar or the

Council, upon demand, such further and other information as may be required.

 

f) that the license fee must accompany this application.

 

9: To be filled out for Hawker & Peddler License only:

 

Dates in which license is applied for: __________________________________________

 

Location in which merchandise will be sold: ____________________________________

 

Dated at South River, Ontario, this ______day of ______________, 19__.

 

________________________________

Full signature of applicant

 

Fee Paid: $_________

 

Receipt: ___________

 

Date: _____________

 

FEES:

 

HAWKERS & PEDDLERS Annual Rate Non-Resident $150.00

Resident 75.00

Daily Rate 25.00

 

MOBILE FOOD VENDORS

 

Refreshment Vehicles Annual Rate Non-Resident $ 50.00

Resident 25.00

Small Mobile Cart 15.00

 

PENALTY

 

Any person who violates any provisions of this By-Law is, upon conviction, guilty of an offence and

shall be liable to a fine, subject to provisions of the Provincial Offences Act, R.S.O. 1990, Chapter

P.33 as amended, and be subjected to any other penalties permitted by law for each offence. Each

day such violation continues, shall constitute a separate offence and shall be punishable as such.