HomeMy WebLinkAboutCRPS-10-061 - Public Meeting - Licensing of Motorized Ice Cream Vehicles1
KITCHENER . ~ .
Corporate Services
REPORT TO: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
DATE OF MEETING: May 10, 2010
SUBMITTED BY: R. Gosse, Director of Legislated Services/City Clerk
PREPARED BY: Patricia Harris, Manager of Licensing
WARD(S) INVOLVED:
DATE OF REPORT: April 29, 2010
REPORT NO.: CRPS-10-061
SUBJECT: PUBLIC MEETING -LICENSING OF MOTORIZED ICE
CREAM VEHICLES
RECOMMENDATION:
Council's direction is requested.
BACKGROUND:
City Council at it's meeting of January 18, 2010 directed staff to prepare a report and a draft by-
law for Council's consideration regarding the issue of licensing motorized ice cream vehicles.
Attached is a proposed draft by-law which will add motorized ice cream vehicles to Chapter 586
(Refreshment Vehicles} of the City of Kitchener Municipal Code.
REPORT:
In 2004 City Council reviewed Chapter 586 (Refreshment Vehicles) and determined that due to
safety and nuisance control concerns only tri-cycle type vehicles (non-motorized) would be
permitted to travel residential streets selling ice cream products. All other vehicles selling food
items must be stationary, except for Canteen Trucks servicing industrial and construction sites.
Since that time several requests have been made by a business to reconsider the licensing of
mobile refreshment vehicles, specifically ice cream trucks.
Staff contacted ten other municipalities with populations ranging from 93,000 to 670,000 to
determine whether they licence ice cream trucks. Most municipalities licence these vehicles and
have established common criteria for this type of vehicle. Common criteria include:
• Cannot sell in public parks without Council's permission
• Cannot sell within 100 metres of any school on any regular school day
• Cannot stop longer than 10 minutes at any one serving location
• Cannot activate bells, horns or music at a volume that disturbs residents
• Trucks must have two amber lights on top and a warning beeper system that is engaged
when the ice cream truck is in reverse
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• Trucks must have a sign on rear of truck in black letters, yellow background `WATCH
FOR CHILDREN'
The City of Guelph amended their Refreshment Vehicle By-law in 2009. Ice cream trucks are
no longer permitted to operate on any roadway and must be parked stationary on private
property. The City requires both a site plan and a letter of permission to operate on the
property.
In looking into this further, staff indicated that they had received multiple complaints from
elementary schools, police and by-law enforcement. Complaints included fighting with patrons,
noise and nuisance.
Most municipalities have also had enforcement issues with ice cream trucks. They include:
• operating in City Parks without Council's permission
• operating in school zones
• operating in municipalities without the required licence
• noise complaints regarding the bells horns and music.
Taking into consideration the information received from various municipalities and concerns that
we have received from schools in the past few years staff have drafted a by-law that would
allow for the licensing of mobile refreshment vehicles (specifically ice cream trucks) with specific
regulations geared to providing for the safety of these vehicles.
The draft by-law includes:
• Adding a new category (Class H) which would allow for the licensing of a mobile motor
vehicle from which ice cream, ice milk, or other iced or frozen confectionary is sold or
offered for sale on any highway.
• Consistent regulations for both Class D (tri-cycle vehicles) and Class H (ice cream
trucks) which includes that the vehicle:
o cannot revisit the general serving area within two hours of the previous visit:
o cannot operate between the hours of 9:00 p.m. and 9:00 a.m.
o cannot operate on any portion of a highway adjacent to any public park,
playground, or athletic field where refreshments are available.
o cannot operate within 90 metres of the property line of any land occupied by a
public, separate, or private school between the hours of 9:00 a.m. and 4:30 p.m.
on a school day.
Further restrictions have been placed on Class H refreshment vehicles to protect
children that will be around the vehicle. These will include:
o a minimum of two amber lights on top of the vehicle which shall be kept flashing
while the vehicle is stopped for the sale of refreshment on any highway;
o the warning "WATCH FOR CHILDREN" in legible black letters at least 15 cm
high and shall be displayed on a yellow background conspicuously on the rear of
the vehicle
o the vehicle's rear bumper shall have an angled cover on top designed and
placed as to prevent a child from sitting on top of it;
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o a mirror system which makes it possible for the driver to complete a 360 degree
visual inspection of the area around the vehicle
o a warning beeper device that is engaged when the vehicle's transmission is
placed in reverse gear.
Section 20(f) of the draft by-law will regulate where these vehicles may operate. Should Council
decide to licence these vehicles, direction is required in this regard. One option is to permit
Class H Refreshment Vehicles to operate in residential zones similar to the Class D (tri-cycles)
Refreshment Vehicles. The second option is to restrict operation to commercial and industrial
zones.
In addition to adding Class H Mobile Refreshment Vehicles to Chapter 586 of the Municipal
Code, the draft by-law contains several housekeeping amendments that need to go ahead.
Depending on Council's decision on whether or not to licence theses vehicles, staff will present
for Council's consideration a by-law for final approval with or without the Class H Mobile
Refreshment Vehicle sections included.
FINANCIAL IMPLICATIONS:
Licence fees are typically based on administration, inspections and enforcement. Licences that
require more inspections or businesses that have a higher level of enforcement will pay a higher
licence fee. There will be annual inspections of these types of refreshment vehicles and based
on past experience of other municipalities, it is anticipated there will be higher than usual
enforcement costs. Staff is suggesting that the fee for the Class (H) Refreshment Vehicle
owner's licence be $775.00/annum and the operator's licence be $63.00/annum. This fee
compares to a stationary refreshment vehicle such as a chip wagon or hot dog cart which is
$924.00/annum.
COMMUNICATIONS:
A Public Notice was placed in The Record on April 30, 2010 and on the City of Kitchener's
website advising that this by-law would be considered on May 10, 2010. All currently licensed
Refreshment Vehicle owners were also notified as well as one ice cream truck owner.
ACKNOWLEDGED BY: T. Speck, General Manager of Corporate Services.
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DRAFT
April 30, 2010
BY-1~4W NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter 586 of The
City of Kitchener Municipal Code with respect to refreshment
vehicles).
WHEREAS it is deemed expedient to exercise the powers conferred on Council by the
Municipal Act, 2001, S, O. 2001, c.25;
AND WHEREAS Council has determined that refreshment vehicles. can cause a
nuisance to businesses and property owners by setting up in inappropriate places or
creating disturbances;
AND WHEREAS Council has determined that refreshment vehicles can cause
dangerous situations by interfering with pedestrian and vehicular traffic, obstructing visibility
of pedestrians, or encouraging people to enter traffic to come to their locations;
AND WHEREAS Council has determined that the ability to inspect refreshment
vehicles and require certain minimal health and safety standards are met before issuing a
licence protects consumers;
AND WHEREAS Council has determined that the ability to add conditions to,
suspend, revoke or refuse licences encourages the operation of refreshment vehicles in
accordance with the provisions of this by-law;
AND WHEREAS notice of a public meeting. was given by advertisement in a local
newspaper on April 30, 2010;
AND WHEREAS a public meeting was held on May 10, 2010 to allow any person
attending to make representations with respect to this by-law;
follows:
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
Definitions
In this by-law:
"highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof;
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"operator licence" shall mean a licence issued pursuant to this by-law allowing a
person to operate a Class C or a Class H refreshment vehicle as the case may be;
"refreshment" means food or drink which may be consumed by humans;
"refreshment vehicle" means a vehicle from which refreshments are sold or offered for
sale and shall include the following classes of vehicles from which refreshments are
sold or offered for sale:
(i) "Class A refreshment vehicle" which means a stationary vehicle licensed
to operate at one specified location other than a Class E, F, or G
refreshment vehicle;
(ii) "Class B refreshment vehicle" which means a mobile vehicle licensed to
operate at more than one specified location other than a Class C, D, G,
or H refreshment vehicle;
(iii) "Class C refreshment vehicle" which means a mobile canteen vehicle
not used for food preparation except food warming;
(iv) "Class D refreshment vehicle" which means a mobile, manually
propelled, cycle vehicle used to sell or .offer for sale ice cream, ice milk,
or other iced or frozen confectionery;
(v) "Class E refreshment vehicle" which means a stationary vehicle which
is licensed to operate adjacent to a place of refreshment and is
operated by that place of refreshment licensee as an extension of the
use at the place of refreshment;
(vi) "Class F refreshment vehicle" which means a stationary vehicle used by
a farmer, market gardener or other person to sell the local, in-season
produce of his/her own farm or garden on the property it is grown on;
(vii) "Class G refreshment vehicle" which means a stationary or mobile
vehicle which is licensed to operate at the Kitchener Market or at flea
markets; and
(viii) "Class H refreshment vehicle" means a mobile motor vehicle from which
ice cream, ice milk, or other iced or frozen confectionary is sold or
offered for sale on any highway;
"refreshment vehicle licence" shall mean a Class A, B, C, D, E, F, G, or H refreshment
vehicle licence pursuant to this by-law;
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school day shall mean a week day between Labour Day and June 30'h other than a
holiday as defined in the Retail Business Holidays Act, R.S.O. 1990, c. R.30;
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"special event" means an event which is being held either as a community, social,
sporting, cultural group celebration, grand opening of a commercial business or other
similar event, such special event being acceptable to the Manager of Licensing;
"special event licence" shall mean a licence issued pursuant to this by-law allowing a
person to operate a licensed refreshment vehicle at a special event; and
"vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building
machine, bicycle and any vehicle drawn, propelled or driven or designed to be
propelled or driven by any kind of power, including muscular power.
General Provisions
2. The provisions of Chapter 500 of The City of Kitchener Municipal Code shall apply to
this by-law. In the event of any conflict, the provisions of this by-law shall apply.
3. The fees for a licence under this by-law shall be as set out in Chapter 501 of The
City of Kitchener Municipal Code.
4. The provisions of Schedule "R" hereto shall form a portion of this by-law.
5. No person shall own, operate, or sell refreshments from a refreshment vehicle unless
a refreshment vehicle licence has been issued for that refreshment vehicle in the name
of Council by the Manager of Licensing or his/her delegate in accordance with this by-
law.
6. No person shall operate a licensed Class C or Class H refreshment vehicle without
having made application and having received a refreshment vehicle operator's licence
issued in the name of Council by the Manager of Licensing or his/her delegate.
7. No person shall own or operate a refreshment vehicle at a special event without having
made application and having received a special event licence issued in the name of
Council by the Manager of Licensing or his/her delegate.
8. The provisions of this by-law apply to any trade, occupation, calling or business
described herein that is carried on either wholly or partly within the City even if the
business is beirig carried on from a location outside the City.
9. Every licence issued pursuant to this by-law shall specify, in accordance with the
provisions of this by-law, the location(s) where a refreshment vehicle may operate.
10. Every person obtaining a licence under this by-law shall:
(a) keep his/her licence posted in a conspicuous place in the refreshment vehicle
where possible and in all cases shall keep such licence readily available for
inspection by any person upon request;
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(b) provide the licence number and serial number of the refreshment vehicle to the
Manager of Licensing and advise the Manager of Licensing of any changes to
such information if the refreshment vehicle is replaced;
(c) fasten the licence plate provided by the City in a conspicuous place on the
refreshment vehicle;
(d) maintain his/her vehicle in good repair and appearance;
{e) use no loud speakers or amplifiers or other hailing device except as specifically
permitted herein; and
(f) operate his/her refreshment vehicle. only upon the location specified in his or
her licence and shall not operate his or her refreshment vehicle upon any
highway or part of a highway or in any public park or other public place, except
as otherwise permitted in this by-law or by Council resolution.
11. No person shall operate, permit to be operated, or sell from a refreshment vehicle
while the required licence(s) issued under this by-law is suspended or revoked by
Council
12. No person shall violate any condition that Council places on a licence issued under
this by-law.
Class A Refreshment Vehicles
13. Every lot on which a Class A refreshment vehicle, is located shall be separated a
minimum distance of:
(a) 200 metres from any lot on which a place of refreshment is located; and
(b) 400 metres from any lot on which any other Class A refreshment vehicle is
located.
Class C Refreshment Vehicles
14. Every Class C refreshment vehicle, when making sales, shall be located on the private
property where construction or a private auction is taking place. However, if sales
cannot othervvise be made on the construction or auction site, the Class C refreshment
vehicle may be .located on adjacent property provided the property owner has provided
its consent in writing, such consent is delivered to the Manager of Licensing, and the
Class C refreshment vehicle does not obstruct normal pedestrian or vehicular traffic or
obscure clear visibility of normally approaching pedestrian or vehicular traffic.
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Class D Refreshment Vehicles
15. Every licensee of a Class D refreshment vehicle shall;
(a) not permit drivers to drive or operate the vehicle without holding a refreshment
vehicle operator's licence;
(b) equip the vehicle with a refuse container;
(c) equip the vehicle only with soft-toned bells or chimes; and
(d) equip all drivers of the vehicle with bright and clean wearing apparel.
16. Every licensee and operator of a Class D refreshment vehicle shall not permit;
(a) .the use of other than manually prgpelled vehicles;
(b) the vehicle to revisit the general serving area of a previous service call within
two (2) hours of the previous visit;
(c) ~ the vehicle to stop for longer than ten (10) minutes at any one serving location;
(d) the vehicle to stop or operate on a portion of any highway signed as "No
Parking" or "No Stopping"; or
(e) the vehicle to operate:
(i) on a highway other than in an area zoned R1, R2, R3, R4, R5, R6, R7,
R8 or R9 by the City Zoning By-law 85-1, as amended, but may allow
operation of the Class D refreshment vehicle on a highway inside of
those zones;
(ii) outside of daylight hours;
(iii) between the hours of 9:00 p.m. and 9:00 a.m;
(iv) on any portion of a highway adjacent to any public park, playground or
athletic field where refreshments are then available;
(v) on private property without the written consent of the property owner
which has been provided in advance to the Manager of Licensing;
(vi) within thirty (30) metres of an intersection;
(vii) within ninety (90) metres of the property line of any land occupied by a
public, separate, or private school between the hours of 9:00 a.m. and
4:30 p.m. on a school day; or
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(viii) within ninety (90) metres of the property line of land occupied by a
business that sells products similar to those sold or offered for sale from
the refreshment vehicle to the public.
Class E Refreshment Vehicles
17. Every Class E refreshment vehicle licensee who is locating the said Class E
refreshment vehicle on City property shall enter into an encroachment agreement with
the City before commencing to operate. If the City is unwilling to enter an
encroachment agreement the Class E 'refreshment vehicle may not be located on City
property.
Class H Refreshment Vehicles
18. Every owner and operator of a Class H refreshment vehicle shall ensure that it is
equipped and maintained with the following safety features:
(a) a minimum of two amber lights on top of the vehicle which shall be kept flashing
while the. vehicle is stopped for the sale of refreshments on any highway;
(b) the warning "WATCH FOR CHILDREN" in legible black letters at least 15
centimeters (5.9 inches) high shall be displayed on a yellow background
conspicuously on the rear of the vehicle;
(c) the vehicle's rear bumper shall have an angled cover on top designed and
placed to prevent a child from sitting on top of it;
(d) a mirror system which makes it possible for the driver to complete a 360 degree
visual inspection of the area around the vehicle; and
(e) a warning beeper device that is engaged when the vehicle's transmission is
placed in reverse gear.
19. Every licensee of a Class H refreshment vehicle shall:
(a) not permit drivers to drive or operate the vehicle without holding a refreshment
vehicle operator's licence; and
(b) .equip the vehicle with a refuse container.
20. Every licensee and operator of a Class H refreshment vehicle shall not permit:
(a) The vehicle to be operated as a refreshment vehicle until it has been inspected
and approved as meeting the requirements of this by-law by the Manager of
Licensing;
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(b) the vehicle to ring bells, chimes, or play music audible outside of the vehicle, or
make other recognizable sounds at any one location for more than twenty (20)
seconds or between the hours of 8:00 p.m. and 9:00 a.m;
(c) the vehicle to revisit the general serving area of a previous service call within
two (2) hours of the previous visit;
(d) the vehicle to stop for longer than ten (10) minutes at any. one serving location;
(e) the vehicle to stop or operate .on a portion of any highway signed as "No
Parking" or "No Stopping' ; or
(f) the vehicle to operate:
on a highway other than in an area zoned R1, R2, R3, R4, R5, R6, R7,
R8 or R9 by the-City Zoning by-law 85-1, as amended but may allow
operation of the Class H refreshment vehicle on a highway inside of
those zones; OR
on a highway-in an area zoned R1, R2, R3, R4, ~5, R6, R7, R8 or R9 by
the City Zoning 6y-law 85-1, as amended but may.-allow operation of the
Class H refreshment vehicle on a highway outside of. those zones;
(ii) between the hours of 9:00 p.m. and 9:00 a.m;
(iii) on any portion of a highway adjacent, to any public park, playground or
athletic field where refreshments are then available;
(iv) on private property without the written consent of the property owner
which has been provided in advance to the Manager of Licensing;
(v) within thirty (30) metres of an intersection;
(vi) within ninety (90) metres of the property line of any land occupied by a
public, separate, or private school between the hours of 9:00 a.m. and
4:30 p.m. on a school day; or,
(vii) within ninety (90) metres of the property line of land occupied by a
business that sells products similar to those sold or offered for sale from
the refreshment vehicle to the public.
Enforcement
21. Every person who contravenes any provision of this by-law and every director or
officer of a corporation who concurs in such contravention by the corporation is guilty
of an offence and is liable, upon conviction, to a fine not exceeding twenty-five
thousand dollars ($25,000).
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22. Notwithstanding section 21, every corporation that contravenes any provision of this
by-law is guilty of an offence and is liable, upon conviction, to a fine not exceeding
fifty thousand dollars ($50,000).
General
23. It is hereby declared that each and every of the foregoing sections of this by-faw is
severable and that, if any provisions of this by-law should for any reason be declared
invalid by any Court, it is the intention and desire of Council that each and every of
the then remaining provisions hereof shall remain in full force and effect.
24. By-law 2004-258 and the contents of Chapter 586 are hereby repealed as of ----------
and this by-law comes into force and effect on
25. The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it as Chapter 586 so as to fit within the scheme of the Code.
26. Any licence issued for the year of 2010 under Chapter 586 as it existed at the time of
licence issuance shall continue and shall be treated as the appropriate licence under
this by-law and the terms of this by-law shall apply to such licence.
PASSED at the Council Chambers in the City of Kitchener this day
of , 2010.
Mayor
Clerk
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Schedule "A"
BUSINESS LICENCE PROCEDURE
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3.
4.
Upon receipt of a complete licence application the Manager of Licensing shall
either issue or renew a licence hereunder or shall refer the matter to Council or a
Committee of Council where appropriate under the provisions of this by-law or
any other by-law of Council
Save as otherwise provided herein, every licence issued or renewed pursuant to
this by-law shall be issued in the name of Council by the Manager of Licensing.
The Manager of Licensing shall not process an application where that application
is incomplete. An application will be deemed incomplete where:
(a) required information has not been provided on the application form;
(b) information or documentation required by the Manager of Licensing as
part of the application process has not been provided;
(c) the prescribed licence fee is unpaid; or
(d) the Manager of Licensing has received an unsatisfactory report regarding
an investigation carried out pursuant to Chapter 500 of The City of
Kitchener Municipal Code or any other by-law of the City and the
conditions causing the report to be unsatisfactory have not been
remedied.
Where the Manager of Licensing receives an incomplete application, the
Manager of Licensing shall, where an address or other contact information has
been provided, notify the applicant that the application is incomplete and of the
steps required to complete the application.
5. Where the Manager of Licensing decides an application is incomplete, the
applicant shall have theright to appeal that decision to Council or a Committee
of Council.
6. If the Manager of Licensing is unable to determine whether an application is
incomplete, he/she may refer the matter to Council or a Committee of Council for
consideration.
7. The Manager of Licensing may refer an application or a licence to. Council or a
Committee of Council where:
(a) the applicant or licensee does not meet the requirements of this by-law or
any other applicable law or by-law;
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(b) there are reasonable grounds for belief that an application or other
document provided to~ the Manager of Licensing by or on behalf of an
applicant or licensee contains a false statement or provides false
information;
(c) the past or present conduct of any person, including the officers, directors,
employees or agents ~of a corporation, affords reasonable cause to
believe that the person will not carryon or engage in the business in
accordance with the law or with honesty and integrity;
(d) without limiting the generality of section 7(c), any person, including the
officers, .directors, employees or agents of a corporation, has contravened
this by-law or any other by-law or federal or provincial statute or regulation
while engaged in or conducting the business;
(e) any special conditions placed on a former or current licence of the
applicant or licensee under this by-law or a former by-law of the City
dealing with refreshment vehicles have not been met; or
(f) the provisions of this by-law provide grounds not to issue or renew in the
circumstances.
8. Wheh any matter has been referred or appealed to Council or a Committee of
Council, the applicant or licensee shall be given reasonable notice of the time
and place of the hearing and shall be invited to make submissions.
9. When any matter has been referred or appealed to Council or a Committee of
Council, after due consideration of the application or licence and after Council or
a Committee of Council has heard such representations as the applicant or
licensee and staff may care to make, Council may direct that the license be
issued or renewed, or may refuse, suspend, revoke or add conditions to a
licence where:
(a) the applicant or licensee does not meet the requirements of this by-law or
any other applicable law or by-law;
(b) information or documentation required by the Manager of Licensing as
part of the application process has not been provided;
(c) the application is incomplete or the prescribed licence fee is unpaid;
(d) the Manager of Licensing receives an unfavourable report regarding an
investigation carried out pursuant to Chapter 500 of The City of Kitchener
Municipal Code or any other by-law of the City;
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(e) there are reasonable
document provided to
applicant or licensee
information;
grounds for belief that an application or other
the Manager of Licensing by or on behalf of an
contains a false statement or provides false
(f) the past or present conduct of any person, including the officers, directors,
employees or agents of a corporation, affords reasonable cause to
believe that the, person will not carry on or engage in the business in
accordance with the law or with honesty and integrity;
(g) without limiting the generality of section 9(f), any person, including the
officers, directors, employees or agents of a corporation, has contravened
this by-law or any other by-law or federal or provincial statute or regulation
while engaged in or conducting the business;
(h) any special. conditions placed on a former or current licence of the
applicant or licensee under this by-law or any other by-law of the City
respecting refreshment vehicles have not been met;
(i) the provisions of this by-law provide grounds not to issue or renew in the
circumstances; or
Q) the applicant or licensee has consented to the refusal, suspension,
revocation or adding of conditions to the licence.
10. Where a licensee is convicted of an offence under any federal or provincial act,
any regulation made thereunder, or any by-law of the City in relation to or during
the carrying on of the trade, calling, business or occupation licensed hereunder,
the licence may be suspended forthwith by Council until such time as the matter
can be heard and finally determined by Council.
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