HomeMy WebLinkAboutFCS-11-010 - 2011 Street Vendor By-lawREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
January 17, 2011
SUBMITTED BY: R. Gosse, Director of Legislated Services/City Clerk, 2809
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED:
DATE OF REPORT: January 7, 2011
REPORT NO.:
FCS-11-010
SUBJECT:
2011 STREET VENDOR BY-LAW
RECOMMENDATION:
That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council’s
consideration on February 14, 2011, based on the proposed draft by-law attached to Finance
and Corporate Services Report 11-010.
BACKGROUND:
Street Vendors have been licensed to operate on city property for the past 21 years. The 2010
Street Vendors By-law expired on December 31, 2010. Therefore, a new by-law has been
prepared for the 2011 season.
REPORT:
The Street Vendor By-law permits the licensing of refreshment vehicles such as hot dog carts,
and a popcorn cart as well as a portrait artist on specifically approved public property. The
locations where the above vendors are permitted are:
Victoria Park; King and Gaukel Streets; King Street East across from 53 King Street East and
King St. W. & Water Street. A portrait artist is permitted at Speakers Corner Park.
Licenses are issued to those vendors that have been licensed previously at the specific
locations. If a vendor no longer wishes to be licensed at a location, an ad is placed in the
newspaper inviting applicants to apply to the Manager of Licensing before the deadline
provided. The Manager of Licensing reviews all applications using the criteria as set out in the
by-law to determine the successful applicant. If there are multiple applicants meeting the same
criteria the names are part of a lottery process whereby the successful applicant is chosen
through a draw.
The licensing of street vendors is an annual process and the by-law is relatively unchanged.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority – Dynamic Downtown
To provide opportunities for small businesses in the downtown core and attract more people to
their products or services.
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FINANCIAL IMPLICATIONS:
In 2010 there were three Street Vendors licensed with revenue of $4,604.00. One vendor paid
a reduced rate due to construction on King Street which disrupted their business. An increase
of 2.5% will increase revenue by $664.00 and is consistent with all other types of business
licences whose fees were increased 2.5% in 2011.
COMMUNITY ENGAGEMENT:
Inform – A copy of the draft by-law is available to the public upon request.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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DRAFT
January 11, 2011
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to licence Street Vendors on property owned by The
Corporation of the City of Kitchener in Victoria Park and at specific street
intersections expiring December 31, 2011).
WHEREAS Council of The Corporation of the City of Kitchener is empowered under section
11.(3)11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended to pass by-laws regarding
business licences;
AND WHEREAS the City owns Victoria Park and the land contained in various road
allowances within the City of Kitchener;
AND WHEREAS section 11.(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
allows the City to pass by-laws respecting parks and to regulate traffic on highways under its
jurisdiction;
AND WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended gives
the City the capacity, rights powers and privileges of a natural person for the purpose of exercising
its authority;
AND WHEREAS Chapter 586 of The City of Kitchener Municipal Code provides for the
licensing of Refreshment Vehicles within the City of Kitchener;
AND WHEREAS it is desirable to allow the licensing of a certain number of refreshment
vehicles within Victoria Park at specified locations and at specific street intersections in the City and
to allow the licensing of one stand to be used by a Portrait Artist at a specific street intersection in
the City;
AND WHEREAS Council considers that consumers purchasing from vendors without a
permanent address or location are at greater risk of having no recourse when purchased items are
found to be faulty and thus are in need of protection;
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AND WHEREAS Council has determined that licensing Street Vendors protects consumers
as there is a record of licence holders and the ability to require the honest and sanitary operation of
such businesses and hold vendors accountable where the vending is not conducted in accordance
with the law or with honesty and integrity;
AND WHEREAS Council considers that Street Vendors can cause a nuisance to
businesses and property owners by setting up in inappropriate places or creating disturbances;
AND WHEREAS Council considers that Street Vendors may interfere with pedestrian and
vehicular traffic if inappropriately located and thus diminish the safety of drivers and pedestrians;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Notwithstanding the provisions of Chapter 586, within those City-owned lands or parks
namely on the sidewalks at specific street intersections hereinafter designated, refreshment
vehicles as hereinafter defined, may be operated until November 30, 2011, provided all the
regulations, by-laws and other laws to which such vehicles are subject are complied with
and a licence to operate same is issued by the City.
2. The provisions of Chapter 500 of The City of Kitchener Municipal Code shall apply to this
By-law and all applicants for licences hereunder shall submit a signed licence application in
the prescribed form and shall agree to the terms and conditions thereon. In the case of any
conflict, the provisions of this By-law shall prevail.
3. All applicants for a licence to operate a refreshment vehicle shall be subject to Chapter 586.
In the case of any conflict, the provisions of this By-law and Chapter 500 shall prevail.
4. Applicants for licences hereunder may submit separate licence applications for each of the
types of licences referred to by product or service as set out in section 6 hereof. Separate
licence applications are required. All applicants shall indicate in their application their first
choice relative to the products/services and locations as outlined in section 6 hereof.
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Provided that those licencees from a previous yearwhohave operated within the provisions
of the By-law and have not been in breach of same shall be entitled to a licence for the
same location without having to be subject to the selection process as outlined in section
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5. Every licencee shall personally own the vehicle/stand designated in his/her licence. The
licencee is restricted to owning only one vehicle/stand operated on publicly owned land in
the City of Kitchener. The licencee of the vehicle/stand may have someone else operate
the vehicle/stand provided the Manager of Licensing is provided with the name, address,
telephone number and photo identification of the operator prior to said person operating the
vehicle/stand.
6. The Park and specific street intersections for which licences may be issued and the number
and fixed location thereof as well as licence fees and specified products to be sold are as
follows:
NUMBER
OF FIXED PRODUCTS LICENCE
LOCATION LICENCES LOCATION TO BE SOLD FEE
VictoriaOne at a location in the vicinity Any food item as approved $1,756.00
Park of the Pavilion and at least by Region of Waterloo
300 feet from the nearest Public Health
other refreshment vehicle
and/or City concession as
specifically stated on the licence.
King Street One on the sidewalk Any food item as approved $1,756.00
and Gaukel at the south-westby Region of Waterloo
StreetCornerPublic Health
King Street One on the sidewalk Only Popcorn, $1,193.00
West and at the south-west Confections,
Water Street Corner Nuts and Candy
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King Street One on the sidewalk in Any food item as approved $1,756,00
East across front of the parkette by Region of Waterloo
from 53 King Public Health
Street East
King Street One Speakers Corner Only a Portrait Artist $82.00
and Benton Park to sketch and paint on site
Street
7. The said locations, as specified in section 6, shall be outlined on the City sidewalk by the
City and the licencee shall confine his/her operation to that location as outlined.
8. (a) Every applicant shall insure its undertaking, business and equipment so as to protect
and indemnify and save harmless the City from any and all costs, claims, demands,
damages, fines, suits, actions and judgments made, brought or recovered against the
City, for any bodily injury, death or property damage caused by or resulting from the
operation and business carried on by the applicant under this licence.
(b) General Liability Insurance: The applicant shall maintain liability insurance acceptable
to the City throughout the term of this By-law. Coverage shall consist of a
comprehensive policy of public liability and property damage insurance in an amount of
not less than two million ($2,000,000.00) dollars per occurrence. Such insurance shall
name The Corporation of the City of Kitchener as an additional insured thereunder and
shall be endorsed to include a Cross-Liability Endorsement with Severability of
Interests Clause and Products Liability coverage. The Certificate shall state that
coverage will not be suspended, voided, cancelled, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail to the City.
(c) The applicant shall forward a Certificate of Insurance evidencing this insurance to the
Manager of Licensing prior to the issuance of a licence.
9. Every application for a licence shall be submitted on the prescribed application form.
10. All applications for a licence shall be referred to the Manager of Licensing who shall review
same and where Council has either authorized the issuance of a licence or where a Street
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Vendor licensed under By-law Number 2010-031 for a location and productsimply reapplies
for the same location and product and has satisfactorily complied with all of the provisions of
past licensing by-laws, the Manager shall issue a new licence for that location and product
for the year 2011unless otherwise provided for herein.
11. With respect to any location, for which a licence has not been issued pursuant to the above
section or for a new location which has been established, by an amendment hereto, the
Manager of Licensing shall invoke a selection process as follows and issue licences
accordingly:
(a) Where there is only one applicant for any one location, that applicant shall be issued
the licence in respect of the location applied for.
(b) Where there are more applicants than one applying for the same location within the
same product category the following criteria shall be considered in the listed order to
determine who will be awarded the licence:
Firstly: The fact that the applicant had been licensed in 2010 pursuant to a
similar by-law;
Secondly: The applicant operated a business in the area of the Kitchener
Business Improvement Association in 2010;
Thirdly: The applicant operated a business in the City of Kitchener in 2010;
Fourthly: The applicant resides in the City of Kitchener;
Fifthly: The applicant resides and undertakes to continue to reside in The
Regional Municipality of Waterloo;
Past experience and quality and appearance of vehicle to be used (submitted in
accordance with specifications in application) if necessary, shall be considered in
the evaluation process.
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(c)Where more than one applicant meet the same level of criteria as set out in the
above section 11(b), or where application of the criteria is not determinative, a draw
shall be conducted commencing in the order in which the locations are listed in
section 6 hereof plus any new location established by amendment to this By-law.
(d) Non-winners of the draw in the above section 11(c) shall then be entered in the final
draw for the remaining locations. The first applicant drawn will be entitled to his/her
preference from the remaining locations within the particular product category.
(e) All successful applicants under sections 11(a), (b), (c) and (d) shall comply with all
provisions of this By-law.
12. In the event of a new location being created by way of amendment to this By-law or in
the event of a licencee being unable to carry on his/her business through death or other
cause such new location or vacancy shall be advertised in a local newspaper, inviting
individuals to apply. In such an event, the selection process as outlined in section 11
shall be invoked with the exception of the first criterion in section 11(b).
13. Every person licensed to operate a refreshment vehicle pursuant to this By-law shall:
a) use only manually propelled vehicles having dimensions no larger than 3' x 6', for
which the City shall provide a licence plate;
b) fasten the City licence plate in a conspicuous place on the said vehicle;
c) equip said vehicle with a refuse container;
d) sell only the products specified in the licence;
e) ensure that anyone operating the vehicle wears clean apparel;
f) conduct business only within the space allocated by the City which shall be no
greater than 25 square feet including seats and waste receptacle;
g) not use any loud speaker, amplifier, hailing device or music player;
h) provide the Manager of Licensing with the name, address, telephone number and
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photo identification of anyone operating the vehicle;
i)removethe refreshment vehicle, refuse container and debris from the site each day
upon the conclusion of business;
j) commence their daily operation no earlier than 9:00 a.m. and shall cease their daily
operation no later than 11:59 p.m. of the same day or where in a City-owned park
shall cease operating no later than the time of park closure pursuant to Chapter 270
(Parks) of The City of Kitchener Municipal Code;
k) ensure that there is no damage caused to the City sidewalk or other City property as
a result of the location of the refreshment vehicle on City property;
l) clean the refreshment vehicle regularly to ensure that there is no grease build up in
or near the cooking unit;
m) install a metal container on the refreshment vehicle to collect grease from the
cooking unit, if possible, as determined by the Kitchener Fire Department, otherwise
install or place a metal container underneath the refreshment vehicle to collect any
grease, said container to be located completely underneath the cart;
n) clear grease collected in the container (as provided for in section 13(m) above) and
replace container if necessary;
o) regularly clean the sidewalk underneath the refreshment vehicle and in the proximity
of the operator and patrons to avoid any stains to City sidewalk; and
p) remove any stain on the City sidewalk underneath the refreshment vehicle and in
the proximity of the operator and patrons, failing which, the City will remove said
stain at the operator's expense.
14. A person licensed to operate a portrait artist stand pursuant to this By-law shall:
a) display the City licence plate in a conspicuous place at all times while on site;
b) provide a refuse container within the 25 square foot space allocated and outlined by
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the City;
c)sell only sketches or paintings done on site;
d) ensure that anyone operating the stand wears clean apparel;
e) conduct business only within the space allocated by the City which shall be no
greater than 25 square feet including seats, waste receptacle, easel, small work
table, samples of materials to be used and storage portfolio;
f) not use any loud speaker, amplifier, hailing device or music player;
g) provide the Manager of Licensing with the name, address, telephone number and
photo identification with anyone operating the portrait artist stand;
h) ensure that the site is set up so as not to impede the flow of pedestrian traffic or
obscure clear visibility of normal approaching pedestrian or vehicular traffic;
i) remove the portrait artist stand in its entirety each day upon the conclusion of
business;
j) not attach any part of the portrait artist stand to the sidewalk so as to become
permanently affixed thereto or to damage the sidewalk; and
k) commence their daily operation no earlier than 9:00 a.m. and shall cease their daily
operation no later than 11:00 p.m. of the same day.
15. No licencee shall operate a refreshment vehicle or a portrait artist stand in a location other
than in the location allocated to the licencee on the licence.
16. In the event of the death or incapacity of a licencee, the licence shall be surrendered to
the City.
17. Where a licencee has exhibited habitual non-use of a location, the Manager of Licensing will
send a notice to the licencee advising the licencee to attend before City Council to
show cause why their licence should not be revoked. Council upon hearing the licencee
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may revoke the licence.
18.Nocorporation or partnership is to be eligible for a licence and no corporation or partnership
may hold a licence.
19. The licences issued pursuant to this By-law shall expire on November 30, 2011 and this By-
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law shall expire and be of no further force and effect as of December 312011.
20. For the purposes of this By-law a refreshment vehicle is defined as a push-cart unit with
dimensions of no more than three (3) feet in width by six (6) feet in length which is solely
manually propelled. The vehicle and any seat or waste receptacle must fit into an area no
greater than 25 square feet.
21. No person shall sell any refreshments, confections, including without limiting the generality
of the foregoing, fruit, candy, peanuts, popcorn, ice cream, ice cream cones, ice milk and
other iced confectionery, hot dogs, sausages or cold drinks from a refreshment vehicle or
otherwise upon any highway or part of a highway including a sidewalk or in any public park
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or other public place unless licensed hereunder or under the provisions of Chapter 586
22. No person shall operate a portrait artist stand upon any highway or part of a highway
including a sidewalk or in any public park or other public place without a licence issued
pursuant to this By-law.
23. Save as otherwise provided herein, every licence issued or renewedpursuant tothis By-
law shall be issued in the name of Council by the Manager of Licensing.
24. 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
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(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.
25. 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.
26. Where the Manager of Licensing decides an application is incomplete, the applicant
shall have the right to appeal that decision to Council or a Committee of Council.
27. 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.
28. 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;
(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 carry on or engage in the business in accordance with the law
or with honesty and integrity;
(d) without limiting the generality of section 28(c), any person, including the officers,
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directors, employees or agents ofa 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 have not been met; or
(f) the provisions of this By-law provide grounds not to issue or renew in the
circumstances.
29. When 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.
30. 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;
(e) there are reasonable grounds for belief that an application or other document
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provided to the Manager of Licensing by or on behalfof an applicant or licensee
contains a false statement or provides false information;
(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 30(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 have not been met;
(i) the provisions of this By-law provide grounds not to issue or renew in the
circumstances; or
(j) the applicant or licensee has consented to the refusal, suspension, revocation or
adding of conditions to the licence.
31. Every person other than a corporation who contravenes any provision of this By-law is guilty
of an offence and is liable upon conviction to a fine not exceeding twenty-five thousand
($25,000.00) dollars, exclusive of costs, for each offence, recoverable under the Provincial
Offences Act.
32. 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 ($50,000.00) dollars, exclusive of costs,
for each offence, recoverable under the Provincial Offences Act.
33. Where a licencee is convicted of an offence under this By-law the licence may be
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suspended forthwith by this Council and shall not be reinstated until the Manager of
Licensing certifies in writing that the conditions resulting in the charge and conviction have
been remedied and that the licencee has complied with this By-law.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2011.
______________________________
Mayor
______________________________
Clerk
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