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|Copyright © 2004: City of St. John's,|
St. John's, Newfoundland, Canada
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Pursuant to the powers vested in it under the City of St. John’s Act, R.S.N. 1990, c.C-17, as amended and all other powers enabling it the City of St. John’s enacts the following By-Law relating to the regulation of mobile vending.
1. This By-Law may be cited as the “St. John’s Mobile Vending By-Law”.
2. In this By-Law:
(1) “inspector” shall mean any person designated by Council to administer and enforce this By-Law;
(2) “mobile vending unit” shall mean any vehicle, equipment or apparatus used for the display, storage or transportation of food, beverages or articles of any kind which food, beverages or articles are offered for sale from such vehicle, equipment or apparatus;
(3) “vendor” shall mean a person who owns a mobile vending unit;
(4) “special event” shall mean an event defined as such in the Special Events Policy Manual of the City; and
(5) “Special Events Advisory Committee” shall mean the committee so named and appointed by Council.
3. (1) A license shall be obtained prior to the commencement of any activity regulated pursuant to this By-Law.
(2) A license issued pursuant to this By-Law shall not permit a vendor to operate a mobile vending unit at a special event. Vendors wishing to operate a mobile vending unit at a special event must obtain the permission of the Special Events Advisory Committee to do so. All provisions of this By-Law shall apply to special events, except those that may, at the discretion of the Special Events Advisory Committee, be exempted from time to time. (Amended 11/21/12; #1550)
4. (1) A vendor shall file with the inspector a completed and signed license application, together with the required accompanying documentation.
(2) The application shall include:
(a) the name and home and business addresses of the vendor;
(b) a description of the food, beverages or articles to be sold;
(c) the location from which they propose to operate;
(d) the city approved location at which the mobile vending unit will be stored when not in use;
(e) a description of the mobile vending unit including the license plates where the vehicle is required to be licensed under the Highway Traffic Act; and
(f) such other information as may be required by the inspector.
(3) The accompanying documentation shall include:
(a) a copy of all applicable health permits where food or beverages are to be offered for sale;
(b) a copy of certification from a recognized fuel burning appliance agency verifying compliance with all applicable codes where the mobile vending unit is equipped with a fuel burning appliance;
(c) a copy of inspection approval from the St. John’s Regional Fire Department where the mobile vending unit is equipped with a cooking and/or heating apparatus;
(d) a copy of certification from a recognized inspection agency for fire and safety systems verifying inspection of portable fire extinguishers where required by the inspector;
(e) a certificate of insurance which policy complies with the following requirements:
(i) $2,000,000.00 general liability providing coverage for all products and completed operations and all movable equipment, including, but not limited to all fuel tanks and cooking equipment;
(ii) $2,000,000.00 automobile liability insurance for any mobile vending unit which is required to be licensed under the Highway Traffic Act;
(iii) a cancellation provision providing as follows: “It is agreed that this policy shall not be cancelled nor the amounts of the coverage provided herein reduced until thirty (30) days after the Risk Manager for the City of St. John’s shall have received written notice of such cancellation or reduction as evidenced by the return receipt of certified mail”; and
(iv) the City of St. John’s named as additional insured;
(f) written permission from the property owner where the proposed location for vending is privately owned; and
(g) such other documentation as may be required by the inspector.
5. (1) Every mobile vending unit shall have its own license and the license shall specify the food, beverages or articles to be sold from the mobile vending unit and the location from which it shall operate.
(2) Every license shall have a number and a decal with this number shall be affixed to the mobile vending unit for which it was issued.
6. (1) A license issued under this By-Law is not transferable.
(2) A license shall be valid for a maximum of one year from the date of issue.
(3) All licenses shall expire on April 30 of each calendar year.
(4) The fee for a license shall be set by Council from time to time and Council may set different fees for different types of mobile vending units.
(5) Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the City of St. John’s for a by-law or regulatory violation for which he has been convicted shall not be entitled to a license issued pursuant to this By-Law until such time as all such outstanding fines have been paid and proof of payment, in a form acceptable to the inspector, has been provided to the inspector. (Amended 04/07/2008; #1515)
7. (1) A mobile vending unit may only operate at a location which has been approved by the inspector.
(2) Unless specifically permitted by Council a mobile vending unit shall not operate:
(a) in public parks and public open spaces;
(b) in areas which are zoned residential, institutional or open space;
(c) on New Gower Street within 100 metres of Mile One Stadium and the St. John’s Convention Centre;
(d) on Duckworth Street and Water Street within 100 metres of the War Memorial;
(e) within 100 metres of any grade school; or
(Amended 07/08/2013; #1567)
8. (1) Mobile vending units shall be maintained in a manner acceptable to the inspector.
(2) Mobile vending units which require power shall have their own power source, which power source shall be approved by the inspector. The use of generating units and electrical cords is prohibited. (Amended 11/21/11; #1550; Amended 07/08/2013; #1567)
(3) Mobile vending units shall display the owner’s name in lettering which shall be no smaller than 7 cm in height and which shall be affixed to the mobile vending unit in such a manner as to be clearly visible to the inspector while the mobile vending unit is in operation.
(4) Mobile vending units containing cooking apparatus shall have a fully charged fire extinguisher accessible to the operator.
(5) Mobile vending units shall, where they offer food or beverages, have a litter receptacle which is available for customer use.
(6) Mobile vending units which use propane shall comply with CAN/CGA - B149 - M95 “Propane Installation Code” and shall be certified annually by a recognized agency.
9. Vendors shall not
(1) discharge fat or other waste into the storm sewer;
(2) leave a mobile vending unit unattended, except as may be permitted by the inspector;
(3) leave a location without first disposing of all litter or refuse associated with operation of the mobile vending unit;
(4) solicit or conduct business with persons in motor vehicles;
(5) sell anything other than that which he is licensed to sell; or
(6) operate within two metres of another mobile vending unit.
10. Council may lease parking spaces to vendors on the following terms and conditions:
(1) spaces shall be advertised for lease by tender call and leased to the highest bidder, provided however that Council may establish a minimum bid;
(2) leases shall be for a term of one year, however, they may be renewed for additional terms upon such terms and conditions as may be mutually agreed upon. (Amended 2012/08/20; #1559)
11. In addition to the penalty provided for in section 11 failure to comply with the provisions of this By-Law may result in
(1) towing and impounding of the mobile vending unit, or
(2) revocation of the license to vend.
12. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for under section 403 of the City of St. John’s Act.
13. The Mobile Canteen Regulations enacted February 19, 1986 and all amendments thereto are hereby repealed.