2. BY-LAWS – DESIGNATED SPACE
PROGRAMME – ROADWAY/SIDEWALK VENDING - AMENDMENTS REGLEMENTS MUNICIPAUX – PROGRAMME DE PLACES
DESIGNEES - MODIFICATIONS |
That Council repeal the
existing Designated Space Programme By-law 300-96, as amended, and enact a new
Designated Space Programme By-law to reflect existing regulations and to revise
certain administrative provisions as detailed in Document 1, to :
1. Up-date Designated Space Programme
Committee powers and appeal process provisions;
2. Up-date Schedules that lists designated
spaces and to repeal a number of vacant spaces;
3. Repeal the current method of allocation
(proposal call);
4. Establish a lottery process to allocate
vacant spaces at the discretion of the Chief License Inspector;
5. Establish a three year permit period;
6. Establish new permit fees and new
installment payment provisions;
7. Allow a permit holder to
transfer the permit to an immediate family member without the condition that
the permit holder be unable to continue to operate the business;
8. Delegate authority to the Chief License
Inspector to transfer a permit if so directed by a Court decision;
9. Impose on the permit holder the
responsibility of the actions of his or her employees; and
10. Incorporate the necessary
minor administrative amendments, including but not limited to the addition of
definitions, renumbering of the sections, incorporating the necessary
transition provisions, and correcting other minor errors, to accommodate and give
full effect to the amendments outlined in the recommendations and attached
proposed by-law.
11. WHEREAS the proposed by-law wording prescribes that an
applicant wishing to participate in the lottery aimed at determining successful
qualified candidates for original designated space permits has to be the person vending at
the designated space at least 50% of the time; and the proposed by-law requires
that licensees of certain on-street and on-sidewalk vending categories to
operate the vending operation at least 50% of the time;
AND WHEREAS
the intent of the above noted by-law sections were meant to capture only new
permit holders and licensees of the relevant classes as they enter the
designated space programme;
AND WHEREAS
the sections as currently worded would effectively require all designated space
permit holders to operate at the vending location at least 50% of the time
vending occurs at the space, thereby creating a broader impact than originally
intended;
AND WHEREAS
this unintended broad impact was not raised during public consultation;
AND WHEREAS
the requirements can be brought forward at a later date if deemed appropriate;
THEREFORE BE IT RESOLVED THAT Council delete Section 21 (3) (vi) of
the proposed Designated Space Programme By-law.
12. WHEREAS the Business Advisory
Committee (BAC) at its meeting of November 13, 2007 moved to approve the staff
recommendations subject (in part) to the following recommendation being
considered: “That Designated Space
Permit Holders not be permitted to obtain another designated space permit
thereby opening the industry to people who do not currently hold a permit.”
AND WHEREAS Community and Protective Services does not object to the
suggestion and proposes the amendment noted below to give effect to the BAC
recommendation by making it a requirement that an applicant for the lottery to
allocate designated space permits cannot already be a designated space permit
holder;
THEREFORE BE IT RESOLVED that Council amend the proposed by-law
attached as Document 1 of the report to include the following after section 21.
(3) (iii) (C):
“21. (3) (iii) (D) to not be a Designated Space Permit Holder.
Que le Conseil municipal d’abroger l’actuel Règlement no 300‑96
modifié sur le Programme de places désignées et d’en adopter un nouveau afin de
refléter la réglementation existante et de réviser certaines dispositions
administratives, tel qu’il est précisé dans le Document 1, pour :
1. désigner le « comité des
permis » comme l’autorité chargée d’administrer le règlement, y compris
les appels, et d’améliorer la procédure d’appel;
2. mettre à jour les annexes qui énumèrent
les places désignées et de supprimer un certain nombre de places vacantes;
3. abroger
la méthode d’attribution actuelle (par appel de propositions);
4. établir
un processus d’attribution des places vacantes par tirage dont la mise en œuvre
sera laissée à la discrétion de l’inspecteur en chef des permis;
5. fixer
la durée de validité des permis à trois ans;
6. élaborer
une nouvelle grille des droits exigibles pour les permis et de nouvelles
dispositions concernant les versements échelonnés;
7. permettre
au titulaire d’un permis de tranférer celui‑ci à un membre de sa famille
immédiate et éliminer la condition autorisant un tel transfert uniquement
lorsque le titulaire du permis est incapable de poursuivre l’exploitation du
commerce;
8. autoriser
l’inspecteur en chef des permis à transférer un permis lorsqu’une décision du
tribunal l’exige;
9. tenir
le titulaire de permis responsable des actes de ses employés;
10. apporter
les modifications mineures d’ordre administratif s’avérant nécessaires,
notamment l’ajout de définitions, la renumérotation des articles, l’intégration
des dispositions nécessaires relatives à la transition et la correction
d’autres erreurs sans grande importance, de manière à ce que les modifications
énoncées dans les recommandations ainsi que dans le règlement proposé ci-joint
soient prises en compte.
11. ATTENDU QUE la
formulation proposée du règlement prévoit qu’un candidat qui
souhaite participer au tirage visant à déterminer les candidats admissibles aux
permis de places désignées d’origine doit être responsable des ventes à la place
désignée au moins 50 % du temps; et
que le règlement proposé exige des titulaires de permis de certaines catégories de
vente sur rue ou sur trottoir qu’ils soient
responsables des ventes au moins 50 % du temps;
ET ATTENDU QUE les articles susmentionnés du
règlement visent seulement les nouveaux titulaires de permis des catégories
pertinentes lors de leur inscription au Programme de places désignées;
ET ATTENDU QUE les articles comme ils sont
formulés en ce moment exigeraient que tous les titulaires de permis de places
désignées travaillent sur le site de vente au moins 50 % du temps pendant
lequel des ventes sont effectuées, entraînant donc de plus grandes
répercussions que ce qu’on avait prévu à l’origine;
ET ATTENDU QUE ces répercussions non prévues
n’ont pas été soulevées au cours de la consultation publique;
ET ATTENDU QUE les exigences peuvent être
soulevées plus tard si on le juge approprié;
IL EST DONC RÉSOLU QUE le Conseil
supprime l’article 21 (3) (vi) du règlement proposé sur le
Programme de places désignées.
12. ATTENDU
QUE le Comité consultatif sur les affaires (CCA), lors de sa réunion du
13 novembre 2007, a proposé d’approuver les recommandations du
personnel (en partie) selon lesquelles la recommandation suivante est
envisagée : « Que les titulaires de permis de places désignées n’aient
pas le droit d’obtenir un autre permis de places désignées, ouvrant donc
l’industrie à des personnes qui ne détiennent pas présentement de
permis. »
ET ATTENDU QUE les Services
communautaires et de protection ne s’opposent pas à la suggestion et proposent
la modification mentionnée ci‑dessous, soit de faire appliquer la
recommandation du CCA selon laquelle on exige qu’un candidat au tirage pour
l’attribution des permis de places désignées ne doit pas déjà être le titulaire
d’un permis de places désignées;
IL EST DONC RÉSOLU QUE le Conseil
modifie le règlement proposé ci‑joint à titre de document 1 du
rapport en vue d’inclure la mention suivante après
l’article 21 (3) (iii) (C) :
« 21 (3) (iii) (D)
de ne pas être titulaire d’un permis de places désignées. »
DOCUMENTATION
1.
Deputy City Manager, Community and
Protective Services report dated 5 November 2007 (ACS2007-CPS-BYL-0053).
2.
Extract
of Draft Minute, 15 November 2007.
Report to/Rapport au :
Community and Protective Services Committee
Comité des services communautaires et de
protection
and Council / et au Conseil
5 November 2007 / le 5 novembre 2007
Submitted by/Soumis par : Steve Kanellakos,
Deputy City Manager/Directeur municipal adjoint,
Community and Protective
Services/Services communautaires et de protection
Contact
Person/Personne ressource : Susan Jones, Director/Directrice
By-law and Regulatory Services/Services des règlements municipaux
(613) 580-2424 x25536, susan.jones@ottawa.ca
SUBJECT: |
BY-LAWS – DESIGNATED SPACE PROGRAMME –
ROADWAY/SIDEWALK VENDING - AMENDMENTS
|
|
|
OBJET : |
RÈGLEMENTS MUNICIPAUX - PROGRAMME DES PLACES DÉSIGNÉES - MARCHANDS AMBULANTS -
MODIFICATIONS |
REPORT RECOMMENDATIONS
That the Community and Protective Services Committee
recommend that Council repeal the existing Designated Space Programme By-law
300-96, as amended, and enact a new Designated Space Programme By-law to
reflect existing regulations and to revise certain administrative provisions as
detailed in Document 1, to :
1. Establish the “License Committee” as the authority to
administer provisions of the by-law including appeals, and establish enhanced
appeal process provisions;
2. Update Schedules that list designated spaces and to repeal a
number of vacant spaces;
3. Repeal the current method of allocation (proposal call);
4. Establish a lottery process to allocate vacant spaces at the
discretion of the Chief License Inspector;
5. Establish a three year permit period;
6. Establish new permit fees and new installment payment
provisions;
7. Allow a permit holder to transfer the permit to an immediate
family member without the condition that the permit holder be unable to
continue to operate the business;
8. Delegate authority to the Chief License Inspector to
transfer a permit if so directed by a Court decision;
9. Impose on the permit holder the responsibility of the actions
of his or her employees; and
10. incorporate the necessary minor administrative amendments,
including but not limited to the addition of definitions, renumbering of the
sections, incorporating the necessary transition provisions, and correcting
other minor errors, to accommodate and give full effect to the amendments
outlined in the recommendations and attached proposed by-law.
RECOMMANDATIONS DU RAPPORT
Que le Comité des
services communautaires et de protection recommande au Conseil municipal
d’abroger l’actuel Règlement no 300‑96 modifié sur le
Programme de places désignées et d’en adopter un nouveau afin de refléter la
réglementation existante et de réviser certaines dispositions administratives,
tel qu’il est précisé dans le Document 1, pour :
1. désigner le « comité des
permis » comme l’autorité chargée d’administrer le règlement, y compris
les appels, et d’améliorer la procédure d’appel;
2. mettre à jour les annexes qui énumèrent
les places désignées et de supprimer un certain nombre de places vacantes;
3. abroger la méthode
d’attribution actuelle (par appel de propositions);
4. établir un processus
d’attribution des places vacantes par tirage dont la mise en œuvre sera laissée
à la discrétion de l’inspecteur en chef des permis;
5. fixer la durée de
validité des permis à trois ans;
6. élaborer une nouvelle
grille des droits exigibles pour les permis et de nouvelles dispositions
concernant les versements échelonnés;
7. permettre au titulaire
d’un permis de tranférer celui‑ci à un membre de sa famille immédiate et
éliminer la condition autorisant un tel transfert uniquement lorsque le
titulaire du permis est incapable de poursuivre l’exploitation du commerce;
8. autoriser l’inspecteur
en chef des permis à transférer un permis lorsqu’une décision du tribunal
l’exige;
9. tenir le titulaire de
permis responsable des actes de ses employés;
10. apporter les
modifications mineures d’ordre administratif s’avérant nécessaires, notamment
l’ajout de définitions, la renumérotation des articles, l’intégration des
dispositions nécessaires relatives à la transition et la correction d’autres
erreurs sans grande importance, de manière à ce que les modifications énoncées
dans les recommandations ainsi que dans le règlement proposé ci-joint soient
prises en compte.
The report recommends that the Designated Space
Programme By-law 300-96, be repealed and that a new By-law be enacted to
reflect existing regulations and up-dated administrative provisions aimed at:
i)
incorporating clearer provisions related to the License Committee
and appeal process;
ii)
repealing the current unutilized method of allocation
(proposal call) and replacing it with a lottery to allocate vacant spaces;
iii)
introducing a three year permit;
iv)
revising the permit fees;
v)
up-dating the designated spaces Schedules.
Designated Space Permit holders, affected Business
Improvement Areas and the Business Advisory Committee have been consulted and a
Notice appeared in the Ottawa Citizen, the Ottawa Sun and Le Droit to inform
the general public of the recommendations. Comments are incorporated in the report. The proposed
modifications to the programme are not expected to impact the general public
and there are no financial implications to the City as a result of the
recommendations.
Le rapport recommmande l’abrogation
du Règlement no 300‑96 sur le Programme de places désignées et l’adoption d’un nouveau
règlement pour refléter la réglementation existante et effectuer les mises à
jour suivantes des dispositions administratives :
i)
clarification des dispositions liées au
Comité des permis et à la procédure d’appel;
ii)
substitution d’un processus
d’attribution par tirage à la méthode d’attribution des places vacantes par
appel de propositions, actuellement inutilisée;
iii)
établissement d’une durée
de validité des
permis de trois ans;
iv)
révision des droits exigés
pour l’octroi de permis;
v)
mise à jour des listes de
places désignées figurant en annexe.
Les titulaires de permis visant des places
désignées, les zones d’amélioration commerciale et le Comité consultatif sur
les affaires ont été consultés et un avis a été publié dans l’Ottawa Citizen, l’Ottawa Sun et Le Droit
afin d’informer la population des recommandations. Le rapport fait état des
commentaires qui ont été formulés. Les modifications proposées au programme ne
devraient pas avoir d’incidence sur le grand public et les recommandations
n’entraîneront aucune répercussion financière pour la Ville.
The City of Ottawa Act, 1996, provides Council the authority to enact a Designated Space Programme By-law within the geographic area of the former City of Ottawa. The Act prescribes the extent that the Designated Space Programme By-law may regulate, including but not limited to :
i) Designating Vending Spaces on Streets and Sidewalks;
ii) Designating Removal Zones;
iii) Establishing a permit allocation process;
iv) Limiting permit transfers to immediate family members;
v) Establish permit fees;
The Designated Space Programme By-law was enacted to designate on-street and on-sidewalk vending spaces in the former City of Ottawa.
In the mid 1990’s, at the time the Designated Space Programme By-law was first established approximately 100 spaces (30 – on-street spaces and 70 – on-sidewalk spaces) were designated within the downtown area, and the downtown area was designated as a ‘Removal Zone’ creating an area where vending from the street or sidewalk required the vendor to operate from one of the designated spaces. Vending from the street or sidewalk is only permitted if the vendor holds a valid vending license and a designated space permit to operate from a specific designated space.
The Designated Space Programme By-law applies only to the former City of Ottawa and cannot be expanded to other areas of the new City in its current format, under the original enabling legislation.
On April 26, 2006, the Designated Space Programme By-law was amended by Council to allow for the creation of a second removal zone; and to allow for the designation of additional on-street and on-sidewalk vending spaces outside the Downtown Core within the former City of Ottawa borders (see report Ref. No. ACS2006-CPS-BYL-0016).
Today there are a total of only 28 designated space permits issued (12 – roadway spaces and 16 – sidewalk spaces) for vending within the downtown area and approximately 26 recently created spaces (12 – roadway spaces and 14 – sidewalk spaces) outside the downtown area but within the borders of the former City of Ottawa.
In April, 2006, Council also directed staff to report back in 2007 with a comprehensive review of the Designated Space Programme By-law to address the following matters :
(a) Recommendations related to the Homelessness Task Force Recommendations;
(b) Transferability of the Designated Spaces Permits to people other than immediate family members of the permit holder;
(c) Permit Fees and the introduction of pro-rated fees based on actual use of the space;
(d) Introducing a City-wide programme; and
(e) Allocation of spaces – reviewing the benefits and disadvantages of introducing the prescribed Proposal Call in 2008.
A brief history
of the Designated Space Programme By-law is provided in Document 3,
entitled : « The Designated
Space Programme By-law – History ».
The recommendations are aimed at enhancing the administrative processes of the programme and providing a measure of stability and some flexibility for the current permit holder vendors while providing an opportunity to other vendors wishing to participate in the strictly regulated programme. The proposed recommendations are not expected to have a significant impact on the public.
As stated, Council directed staff to report back in 2007 with a comprehensive review of the Designated Space Programme By-law and to report back with recommendations to address the Homelessness Task Force Recommendations related to vending by people who are homeless or at risk of becoming homeless.
Homelessness Task Force Recommendations
Staff has undertaken preliminary consultation with a number of stakeholders. Options presented require more development and staff requires time to consult with various stakeholders on the options. Community and Protective Services will report back to the Community and Protective Services Committee and Council in January 2008.
Recommendations
(a) Establish the “License Committee” as the authority
to administer provisions of the by-law including appeals, and to establish the
appeal process provisions;
The existing and proposed Designated Space
Programme By-laws provide permit holders or applicants the opportunity to
appeal certain decisions of the Chief License Inspector (i.e. refusal to issue
or renew a permit, revocation or suspension of a permit) to the License
Committee.
The recommendation proposes to designate the
License Committee to replace the term Designated Space Programme Committee. The
changes proposed related to the License Committee’s powers and appeal process
reflect those found in more recent Licensing By-laws.
The proposed provisions will provide clearer
more detailed information related to the appeal process and will not impact the
rights and privileges of the permit holder or an applicant wishing to appeal a
decision of the Chief License Inspector.
The recommendation is not expected to significantly increase the number of
appeals heard by the License Committee.
(b)
Up-date Schedules that lists designated spaces to repeal a number of vacant
spaces
The current Designated Space Programme By-law
utilizes Schedules to list the location and identify the designated spaces as
well as the type of items permitted to be sold at the vending space. It is recommended to continue the use of
Schedules to list similar information in the new by-law.
Over the years a number of designated spaces
have been vacated through attrition or otherwise. Typically, the by-law was amended by means of staff reports to
Committee and Council recommending that vacant spaces be removed from the
By-law. However, since amalgamation the
Designated Space Programme By-law has not been amended to reflect the existing
status of the designated spaces.
The primary objective of deleting vacated
spaces was to reduce the overall number of spaces through attrition until an
appropriate number of vending spaces was reached. Initially the Designated Space Programme By-law designated approximately 100 spaces within the downtown area (30 on-street
spaces and 70 on-sidewalk spaces). Today only twelve (12) roadway and sixteen
(16) sidewalk vending spaces are being occupied in the downtown core.
Community and Protectives Services is of the
opinion that the primary objective of the programme to reduce the number of
vending spaces has been achieved and the on-going automatic elimination of
spaces is no longer required.
It is therefore proposed to include in the
new Designated Space Programme By-law revised Schedules that reflect existing
spaces currently occupied by permit holders, and to retain four (4) additional
designated spaces in the inventory to allow for temporary relocations.
The recommendation proposes to maintain fifty
eight (58) of the suitable vending locations of which four 4 spaces will be
retained to provide relocation opportunities for existing permit holders
whenever a temporary relocation is required due to reconstruction, maintenance
of downtown streets or other major construction. Staff evaluated the vacant spaces and selected from the vacant
spaces those to be proposed for the new by-law.
The Schedules in Document 1 attached to this
report provide details of the proposed designated spaces. The Schedules
indicate (for information purposes) the status (vacant or occupied) of the
current spaces available and the spaces marked for deletion and retention.
Designated Spaces within Removal Zone A
(Former Ottawa - Downtown)
Original Current Proposed
Roadway spaces - Schedule B 30 12 14
Sidewalk spaces - Schedule C 70 16 18
Designated Spaces within Removal Zone A-2
(Former Ottawa outside Removal Zone A)
Original Current Proposed
Roadway spaces - Schedule F 12 13 13
Sidewalk spaces - Schedule G 14 15 15
No changes to the existing Canada
Day Designated Spaces within Removal Zone A-1 (Former Ottawa) are proposed at
this time and the spaces will be reflected in the new Designated Spaces By-law.
(c) Repeal the current method of allocation
(proposal call);
The current Designated Space Programme By-law (300-96) prescribes that all designated spaces be re-allocated by way of a proposal call at the end of every three-year permit period. The prescribed (proposal call) allocation process has the potential of requiring every permit holder to relocate every three years and having to bid for their original space. The process is deemed to create uncertainty and could make it more difficult for the vendors to obtain the financing required to invest back in their business (vehicle and equipment).
Over the years, by decisions of Council, the prescribed « proposal call » allocation process was never implemented and the permits were allocated to the current permit holder on a year-to-year permit renewal basis. The original permit holders have been allowed to maintain their original designated space as long as they continued to comply with related regulations.
The rationale for the initial proposal call and a three year permit period (after which the permit holder would not have a right of renewal), was to allow other licensees (restricted to the holders of special licenses issued by the former City of Ottawa to vend on the street or sidewalk) to participate in the programme; and, to deter from the creation of artificial market value for the permit or space.
During the past year, licensees who hold former City of Ottawa licenses to vend from the street or sidewalk, but did not have a designated space, were required to settle at newly suitable designated spaces (of their choice) within former Ottawa boundaries but outside the original Downtown Zone.
The prescribed three-year permit period will be retained (with no right of renewal after the term of the permit) and is expected to create an effective deterrent to artificial market value. Subject to the approval of the year-to-year permit renewal and the approval of the lottery as the allocation process for vacant designated spaces, the proposal call method of allocation is no longer necessary or appropriate.
Allowing the current permit holders to remain at the designated space on a year-to-year basis (to be re-evaluated every three years) will provide the permit holder with some stability required by such businesses.
(d) Establish a lottery process to allocate vacant
spaces at the discretion of the Chief License Inspector;
The Community and Protective Services
Department recommends adoption of a lottery to allocate
vacant designated spaces. The
recommendation proposes that the lottery be held at the discretion of the Chief
License Inspector (CLI). The CLI will
be required to place a notice in the three area daily newspapers (the Ottawa
Citizen, Le Droit and The Ottawa Sun) in April of the year when the decision
has been made to allocate one or more vacant space.
The Notice of
intent to hold the lottery will list the type and location of the spaces being
considered for allocation, the qualifications required to participate in the
lottery, and contact information of the appropriate staff to answer related
inquiries. A similar notice will be
forwarded to affected Business Improvement Areas, departments and agencies that
could be impacted, and the Councillor in whose Ward the spaces are located.
Lottery Details
Individuals interested in obtaining a
designated space permit will be required to apply to participate in the lottery
by notifying the Chief License Inspector in writing before June of the year
following the Notice by the Chief License Inspector.
To qualify, an applicant for a designated
space permit will be required to:
(i)
Apply
in person, be at least eighteen (18) years of age, and pay the requesite $100
Lottery fee;
(ii)
Hold
a valid vending license of the appropriate category or provide suitable proof
of least two (2) years experience in outdoor refreshment vending;
(iii)
Be
able to commence operating within 30 days of the start of the following license
period;
(iv)
Agree
to operate the refreshment vehicle at least 50% of the time the space is
occupied; and
(v)
Comply
with all related laws and regulations.
The proposed allocation process and related
requirements are aimed at making sure that any potential designated space
permit holder has suitable experience with outdoor vending activities and that
the permit is not sought to simply then lease the permit to an operator.
The successful candidates who participate in
the lottery and whose names are selected for a designated space permit will be
required to apply for and obtain both the appropriate license to vend from the
street or sidewalk issued under Licensing By-law 2002-189 Schedules 21, 22 and
24, and also apply and obtain the related designated space permit issued under
the proposed new Designated Space Programme By-law.
(e) Establish a three year permit period;
The current Designated Space Programme By-law
prescribes a three-year permit period with no right of renewal at the end of
the permit period.
The Department
believes that a three-year permit term for designated space permits is
appropriate and so recommends. Further,
it is recommended that the three-year permit not provide a right of renewal at
expiry of the 3 year permit term. It is
also suggested that the Chief License Inspector not unreasonably withhold the
renewal of the designated space permit for permit holders who maintain
compliance with all related by-laws during the previous permit period.
To simplify the
administration of the issuance of permits, it is proposed that commencing with
permits issued or renewed on May 15, 2008, the term of the permit shall be
three (3) years expiring on May 14, 2011.
In addition, that the permit period for designated space permits issued
between May 15, 2008 and April 14, 2011 shall also be and expire on May 14,
2011.
The fee for
designated space permits, not issued at the begining of the permit period shall
be pro-rated on a monthly basis of the remaining permit period (Full Permit fee
divided by 36 multiplied by the number of complete months remaining in the
permit term.)
The right to continue operating at a
designated space is subject to the licensee paying the prescribed annual
installments in accordance with the by-law and compliance with all relevant
by-laws and regulations.
(f) Establish new permit fees and new installment
payment provisions;
The City of
Ottawa Act 1996 gives Council the authority to establish fees for designated
space permits.
When
establishing the designated space permit fees in the mid 1990s, the then
Council considered the following elements: consideration for use of public
property, enforcement and administration costs, maintenance and material costs,
parking metre revenues losses. The
annual permit fees have been revised over the years to reflect cost of living increases.
The proposed
three year permit fees (and corresponding annual installments) and the current
annual permit fees for both roadway and sidewalk designated spaces located
within the original removal zone (dowtown core) and the second removal zone (former
City of Ottawa outside the downtown area) are tabled below for information and
comparison purposes.
Proposed Annual Installments – Designated Space -
Permit Fee
Table 1
Sidewalk Spaces |
Current Annual Fee |
Proposed fee 3yr Permit |
Proposed Annual Installments
– Permit Fees |
||
|
2007 |
2008-2010 |
2008 |
2009 |
2010 |
Zone 1 Downtown |
$1,425 |
$4,800 |
$1,500 |
$1,600 |
$1,700 |
Zone 2 Old Ottawa |
$ 700 |
$2,400 |
$ 750 |
$ 800 |
$ 850 |
Table 2
Street Spaces |
Current Annual Fee |
Proposed fee 3yr Permit |
Proposed Annual
Installments – Permit Fees |
||
|
2007 |
2008-2010 |
2008 |
2009 |
2010 |
Zone 1 Downtown |
$3,300 |
$11,250 |
$3,500 |
$3,750 |
$4,000 |
Zone 2 Old Ottawa |
$1,500 |
$5,100 |
$1,600 |
$1,700 |
$1,800 |
(Note : So as not to overburden permit
holders the proposed three-year permit fee will be divided in three (3) annual
installments. The installments are not equal to allow for more gradual permit
fee increases. The vendors will
continue to have the privilege of paying the annual installments in two equal
installments on June 1 and September 1 of each of the years in the permit
term.)
Failure to pay the required amount by the
prescribed dates may result in the permanent revocation of the designated space
permit.
Community and
Protective Services recommends that the permit fees for spaces outside the
downtown core be established at approximately half of the fee charged for
similar downtown spaces. The Department
believes that the costs to the City to maintain spaces outside the downtown
core and the fair consideration for use of public property is approximately
half of the costs associated with downtown vending spaces.
The proposed
permit fee increases are expected to be twice the rate of inflation over the
next three years. The rationale for the
increases is to reflect fees that are revenue neutral. When combined with a
proposed decrease in the related business license fee associated with the
vending activity. The Department
proposes lower municipal business license fees for licenses to vend from
streets or sidewalks (see report Ref.
No. ACS2007-CPS-BYL-0051 and 0052). The
lower annual license fees will more than compensate for the proposed increase
in Designated Space Permit fees. In
fact, vendors who operate from designated spaces will see an overall decrease
in total fees in 2008.
Impact of Proposed Fee Increase on Designated
Space Vendors
2007
2008
Sidewalk
Refreshment (License) $ 550 $
450
Designated Space
(Downtown) $1 425 $1
500
Total Cost to
Operator $1 975 $1 950
Sidewalk
Refreshment (License) $ 550 $
450
Designated Space
(Old Ottawa) $ 700 $
750
Total Cost to
Operator $1 250 $1 200
Street
Refreshment (License) $3
425
$2 550
Designated Space
(Downtown) $3 300 $3
500
Total Cost to
Operator $6 725 $6 050
Street
Refreshment (License) $3
425
$2 550
Designated Space
(Old Ottawa) $1 500 $1
600
Total Cost to
Operator $4 925 $4 150
Sidewalk
Itinerant Sellers (License) $ 531 $
400
Designated Space
(Downtown) $1 425 $1
500
Total Cost to
Operator $1 956 $1 900
Sidewalk
Itinerant Sellers (License) $ 531 $
400
Designated Space
(Old Ottawa) $ 700 $
750
Total Cost to Operator $1 231 $1 150
(g) Allow a permit holder to transfer the permit to an
immediate family member without the condition that the permit holder be unable
to continue to operate the business;
The current by-law states that the original permit
holder may transfer the permit to an immediate family member and imposes a
condition on such transfers. The
condition is that the permit holder be unable to continue to operate the
business.
Upon review of the by-law the Department is
of the opinion that original permit holders should have the right to apply to
the Chief License Inspector to transfer his or her permit, within the permit
term, to a parent, spouse, brother, sister, son or daughter of the original
permit holder, and that such approval should not be unreasonably withheld.
The proposed new Designated Space Programme
By-law reflects this change.
(h) Delegate authority to the Chief License Inspector
to transfer a permit if so directed by a Court decision;
In the past the Chief License Inspector has
been directed by Court decisions (usually as the result of the death of the
permit holder or a divorce settlement) to transfer a designated space permit to
a person other than an immediate family member as stipulated in the By-law.
This recommendation, of an administrative
nature is proposed to streamline these infrequent types of transfer and to
provide the Chief License Inspector the authority to process the transfer
without having to bring the matter to Committee and Council.
(i) Impose on the permit holder the responsibility of
the actions of his or her employees;
The current by-law wording is silent on the
level of responsibility of the permit related to the actions of an employee or
contractor working at the designated space.
In recent licensing by-laws the following proposed provision has been
incorporated to clearly state the responsibility of the licensee. Below is the proposed wording:
« Every permit holder shall be
responsible for the act or acts of any of his or her employees or any person
associated with the permit holder in the carrying on of any of the businesses
authorized by his or her permit in the same manner and to the same extent as
though such acts were done by the permit holder. »
(j) Incorporate the necessary minor administrative
amendments, including but not limited to the addition of definitions,
renumbering of the sections, incorporating the necessary transition provisions,
and correcting other minor errors, to accommodate and give full effect to the
amendments outlined in the recommendations and attached proposed by-law.
This standard recommendation is proposed to
authorize Legal Services to make last minute by-law formating changes to the
proposed by-law attached herein, before it is placed on the orders of the day
for enactment. All authorized changes
will be of a minor nature and may not be counter to the intent of Council
approval.
RURAL IMPLICATIONS
There are no rural implications associated
with this report as the proposed Designated Space Programme By-law applies only
within the boundaries of the former City of Ottawa.
Staff met with the affected Business Improvement Areas affected by the recommendations in October, 2007. The Chair of the Business Advisory Committee (BAC) was presented an outline of the recommendations in October 2007 and the report and recommendations were presented at the BAC meeting of November 13, 2007. A Notice of Public Meeting appeared in the three (3) dailies (Ottawa Citizen, Le Droit and The Ottawa Sun on October 19th and 26, 2008.
The increase
in designated space permit fees will be offset by the reduction in license fees
for vendors. As such, there are no
financial implications on the By-Law & Regulatory Services Operating Budget
should Council approve the recommendations.
This report has no direct impact on the City Strategic Directions.
Document 1 – Proposed New Designated Space Programme By-law
Document 2 – Public Consultation – Input and Departmental Response
Community and Protective Services to implement City Council’s decision.
Corporate Services’ Legal Services Branch in consultation with By-law Services to process the proposed amending By-law to Council for enactment as appropriate.
BY-LAW NO. 2007 –
A by-law of the City of Ottawa respecting designated spaces for street vendors and to repeal By-law Number 300-96 of the old City of Ottawa.
The Council of the City of Ottawa enacts as follows:
SHORT TITLE
1. This by-law may be referred to as
the Designated Space Programme By-law.
PURPOSE
2. The permit
issued under this by-law grants the exclusive use of a designated space to the
owner of an object or vehicle used to sell goods or refreshments.
3. The removal
zones designated
under this by-law are the areas in which vending of goods or refreshments on
all or any part of the highways is prohibited except with a permit for the
designated space to which the permit relates.
4. In this by-law:
“By-law Officer” means a person appointed by Council to enforce the
provisions of this by-law and who may be referred to as an Inspector or
Officer;
"Canada Day" means the legal holiday kept and observed as Canada Day throughout Canada under the Holidays Act, R.S.C. 1985 Chap. H‑5;
"Chief License Inspector" means the person in the position of Director, By-law and Regulatory Services in the Community and Protective Services Department of the City of Ottawa or authorized subordinates or assistants;
“City” or “City of Ottawa” means the municipal corporation known as the City of Ottawa or the geographic area of the City of Ottawa, as the context requires;
“City Solicitor” means the person occupying the position of City Solicitor and Director, Legal Services Branch, of the City of Ottawa, or an authorized representative;
“Council” means the Council of the City of Ottawa;
“designated space” means a specific area located on a roadway or sidewalk within a removal zone and identified as a vending location;
“former City of Ottawa” means the Corporation of the City of Ottawa as it existed prior to January 1, 2001.
"goods" includes flowers, wares, merchandise and fresh fruit and fresh vegetables;
"highway" includes the entire right‑of‑way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, designed and intended for, or used by, the general public for the passage of pedestrians and vehicles;
"license" means a license of an appropriate class issued
pursuant to Schedules 21 or 22 of By‑law Number 2002-189 entitled
"A by‑law of the City of
Ottawa respecting licenses", as amended;
“License Committee” means the committee of Council known as the License Committee;
“licensee” means the person issued a license of an appropriate class under By‑law Number 2002-189 entitled "A by‑law of the City of Ottawa respecting licenses", as amended;
“Licensing Counter” means the
the office of the Chief License Inspector where designated space permit
and business license applications are received for processing;
"original" in the case of a permit holder, means the person who is the lawful holder of a permit in the year preceding the application for renewal;
“original designated space permit” or “original permit” means the
designated space permit issued to an original applicant;
"owner" means an individual;
"permit" means the actual permit issued under this by‑law;
"permit holder" means the owner who has been issued a permit under this by‑law;
“person” means an individual;
"roadway" means that part of the highway that is improved, designed or ordinarily used for vehicular traffic;
"refreshments" include food products and beverages, but does not include fresh fruit and fresh vegetables;
"removal zone" means the areas within the City in which all the highways, or portions thereof, are designated as removal zones;
"sidewalk" includes all such parts of a highway as are set aside by the City for the use of pedestrians or used by the general public for the passage of pedestrians, and includes the boulevard and a pedestrian walkway;
5. (1) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.
(2) Where the time for doing any act or taking any proceeding expires on a Saturday, Sunday or Public Holiday, the act or proceeding may be done or taken on the next workday.
(3) Where notice is sent by registered mail, the date of service on the applicant is the date of the next work-day following the date of mailing.
(4) Where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be standard time, provided however, if what is known as "daylight saving time" has been generally adopted in the City for any period of the year, under any statute, order-in-council, by-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law.
(5) It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
6. (1) The
License Committee is authorized to administer the provisions of this by-law.
(2) The License Committee is authorized to make the final decision in respect of the revocation or suspension of any license issued or the imposition of conditions on any licensee.
(3) A
majority of the three (3) members of the Licensing Committee constitutes a
quorum.
(4) The
License Committee, without a hearing, may suspend or revoke any permit for a period not exceeding 28 days
for the following reasons:
(a) the holding of special events;
(b) the construction, maintenance or repair of public highways;
(c) the installation, maintenance or repair of public utilities and services; or
(d) matters relating to pedestrian, vehicular or public safety, or public health.
(5) The License Committee, after a hearing, may suspend or
revoke any permit if the conditions for its issuance or use are not complied
with or for cause, including but not limited to the following reasons:
(a) any breach of the law including any violation of the provisions of this by-law,
(b) the belief that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity,
(c) any other matter which the License Committee is authorized by law to consider,
(d) anything which may be in any way adverse to the public interest.
(6) The License Committee may suspend a
permit for cause as provided for in subsection (5) for any period that is less
than the unexpired part of the period for which it was issued in lieu of
revocation.
(7) The License Committee may impose conditions as a requirement of obtaining, continuing to hold or renewing the permit, including special conditions.
7. (1) The
Chief License Inspector is authorized to administer the provisions of this
by-law on behalf of the City, including its enforcement, together with such
other By-law Officers as may be necessary.
(2) The Chief License Inspector may suspend, without holding a hearing, the designation of all or part of a removal zone, the designation of a space or the operation of a permit, for the following reasons:
(a)the holding of special events;
(b)the construction, maintenance or repair of public highways;
(c)the installation, maintenance or repair of public utilities and services; or
(d)matters relating to pedestrian, vehicular or public safety or public health.
(3) No suspension effected under subsection (2) shall exceed four (4) weeks from the date of suspension.
(4) A special meeting may be summoned at such a time and date as requested by the Chief License Inspector.
8. (1) The Chief License Inspector
is hereby authorized to:
(a) inspect:
(i) the designated space and any associated equipment or item that is used for the carrying on of the business,
(ii) any books, records or other documents of or relating to any such business, or
(iii) each motor vehicle operated, provided or used in the business,
(b) require that each
motor vehicle operated, provided or used in the business be submitted for inspection, and
(2) No person shall obstruct, hinder or otherwise interfere with any of the inspections referred to in this section.
9. The
following areas are designated as the areas in which all
the highways, or portions thereof, with the exception of the part of Sparks
Street established as a pedestrian mall, are removal zones:
(1) Removal Zone 1:
(a) all of Sussex Drive and MacKenzie Avenue,
(b) all of MacKenzie King Bridge, and
(c) the area of the City
bounded to the north by Wellington Street north side and Rideau Street north
side; to the east by Colonel By Drive east side to Main Street east side, and
Main Street east side to the Rideau River; to the south by the Rideau River
south side; and to the west by Bronson Avenue west side as set out within the
heavy outline shown on the map set out in Schedule "A", attached
hereto.
(2) Removal Zone 2:
The remainder of the geographic area of the former City of Ottawa as set out within the heavy outline shown on the map set out in Schedule “A-2” attached hereto.
(3) Canada Day Removal Zone:
Despite subsections (1) and (2), on Canada Day only, the portion of the area designated under those subsections that falls within the area set out herein is not a removal zone and the following area is designated as the area in which all the highways, or portions thereof, with the exception of the part of Sparks Street established as a pedestrian mall, is a Canada Day removal zone as set out within the heavy outline shown on the map set out in Schedule “A-1”, attached hereto:
(a) all of Sussex Drive and MacKenzie Avenue,
(b) MacKenzie King Bridge west of Colonel By Drive east side,
(c) Laurier Avenue from Colonel By to Nicholas Street east side,
(d) St. Patrick Street and Murray Street between the west side of Sussex Drive and the east side of Parent Street, and
(e) the area of the City bounded to the north by Wellington Street north side, and Rideau Street north side (between the Rideau Canal and Sussex Drive east side); to the east by Colonel By Drive east side; to the south by Laurier Avenue south side and the Laurier Bridge south side; and to the west by Bay Street west side;
10. The specific sites
identified in Schedules "B" and “F” and clearly marked at the actual
site are designated as designated spaces on the roadway in the removal zones
from which only refreshments may be sold or offered for sale.
11. The specific sites identified in Schedule "C" and “G” and clearly marked at the actual site are designated as designated spaces on the sidewalk in the removal zones and the type of goods or refreshments prescribed for the designated space are the only type of goods or refreshments permitted to be sold or offered for sale in the designated space.
12. Despite Section 10 on Canada Day only, the
specific sites identified in Schedule "D" are designated as the only
Canada Day designated spaces on the roadway in the Canada Day removal zone from which goods or
refreshments may be sold or offered for sale.
13. Despite Section 11 on Canada Day only, the specific sites identified in Schedule "E" are designated as the only Canada Day designated spaces on the sidewalk in the Canada Day removal zone and the type of goods or refreshments prescribed for the designated space, where applicable, are the only goods or refreshments to be sold or offered for sale in the designated space.
14. No person shall vend on or from a street or sidewalk unless he or she has procured a designated space permit under this by-law.
15. A separate permit shall be obtained for each
designated space.
16. (1) A person who holds a refreshment vehicle license to sell ice cream or frozen milk products from a pedal‑powered vehicle may sell in the removal zone without a permit provided that the vehicle is not stopped at any location for a period longer than ten (10) minutes.
(2) No person shall stop a pedal‑powered vehicle in order to sell ice cream or frozen milk products at a location for more than ten (10) minutes.
(3) Any holder of a “Mobile Canteen” license
issued pursuant to Schedule 23 relating to Mobile Canteens of the Licensing
By-law 2002-189 as amended, may remain up to thirty (30) minutes at a location
on a street, subject to By-law Number 2003-530 entitled "A by-law of The
City of Ottawa regulating traffic and parking on highways", as amended,
provided that the majority of the license holder's active time in any one (1)
day is spent on private property.
(4) A person selling goods or refreshments from his or her person may sell in the removal zone without a permit on Canada Day only.
(5) A person who holds a refreshment vehicle
license to sell ice cream or frozen milk products from a pedal-powered vehicle
shall not sell within the Canada Day removal zone except from a designated
space assigned to the person by way of a Canada Day permit.
CONDITIONS FOR ISSUANCE OF PERMIT
17. An original designated space permit may be issued to an individual whose name has been selected in a lottery provided for in the by-law and who has satisfied the conditions for issuance prescribed by Section 28.
18. As of January
1st, 2008 and thereafter, the method of allocation for a new
designated space permit is by way of a lottery as prescribed in Section 24.
19. The Chief License Inspector is not required to make any vacant designated space available despite being in receipt of a notice from one or more individual indicating interest in obtaining a designated space permit.
20. Despite Section 18, the Chief License Inspector shall waive the lottery process when only one designated space permit is available for issuance and only one qualified applicant is participating in the allocation process and the Chief License Inspector shall issue the designated space permit to the qualified applicant.
21. (1) When a
designated space becomes available the Chief License Inspector may initiate the
designated space allocation process as provided in this by-law.
(2) If the Chief License Inspector elects to
initiate the designated space allocation process, the Chief License Inspector
shall announce to the general public by way of notice the intent to hold a
lottery to allocate one or more permit for vacant designated spaces.
(3) The notice shall appear in the three (3)
area newspapers during the first and third week in April and such notice shall
include:
(i)
the
location of the designated spaces available,
(ii)
the
contact information of an appropriate staff person to respond to questions,
(iii)
the
requirement for interested individuals :
(A)
to
notify Chief License Inspector in writing of their interest before June 1st
;
(B)
to
be eighteen (18) years of age;
(C)
to
provide proof that the applicant has at least two (2) years experience in
outdoor vending, within the last five (5) years;
(iv)that
the lottery will be held the second week in August,
(v) that the vending operation is
to commence no later than May 15 of the following year; and
(vi) that if successful in
obtaining a permit under this by-law, the candidate they will be required to be
the vendor at the space at least fifty (50%) percent of the time during which
vending occurs at the designated space.
22. The Chief License Inspector shall not be required to
maintain a record of people interested in obtaining a designated space permit
from one year to another.
23. A person who wishes to obtain a designated space permit shall provide to the Chief License Inspector a notice of interest in writing no later than June 1st of the current year, for consideration in the same year.
24. The application to participate in the lottery shall include:
(a) the lottery application fee as prescribed in Schedule H;
(b) proof that the applicant has at least two (2) years experience within the last five (5) years in an outdoor vending activity, and such proof include an affidavit and licensing records from a municipality.
25. The Chief License Inspector shall approve the application to participate in the lottery and shall include the applicant’s name in the lottery unless the applicant:
(a) is not 18 years of age or older,
(b) did not file a complete application,
(c) did not provide the required documentation, or
(d) did not pay the required fees.
26. If the Chief
License Inspector decides to allocate the designated space the Chief
License Inspector will :
(a)
set
the following second Tuesday in September as the lottery date, and
(b)
notify
the Business Improvement Areas, Departments and agencies and inform the
affected Councillor.
27. The
Chief License Inspector shall, subject to approval of the Designated Space
Permit application, designate the successful candidate for a designated space
permit as follows:
(1)
If
only one designated space is available and there is only one person interested
in the designated space, there shall be no lottery and the Chief License
Inspector shall designate the qualified person as the successful candidate for
a designated space permit.
(2)
If
more than one designated space is available and only one person is interested
in obtaining a designated space permit, there will be no lottery and and the
person shall be permitted to select from the available vacant designated spaces
and the Chief License Inspector shall designate the qualified person as the
successful candidate for a designated space permit.
(3)
If
only one space is available and more than one person is interested in obtaining
a designated space, a lottery shall be held to allocate the designated
space. The Chief License Inspector
shall designated the qualified person whose name is first selected as the
successful candidate for a designated space permit.
(4)
If
more that one space is available and more than one applicant is interested in
obtaining a designated space, a lottery shall be held to allocate the
designated spaces as follows:
(a) the qualified person whose name is
first selected from the lottery will be given the opportunity to chose one of
the eligible designated spaces, and that person’s name shall be removed from
the lottery,
(b) a subsequent qualified person
whose name is selected from the lottery will be given the opportunity to chose
one of the remaining eligible designated spaces, and
(c) the same process shall be applied
in turn with respect to any remaining eligible designated spaces until all the
spaces have been allocated to qualified persons.
(5) The Chief License Inspector shall allocate the designated
spaces as per the results of the lottery to the person selected as long as the
person is qualified and has paid all applicable fees under this by-law.
(6) Those person whose names have not been selected shall not be
compensated or refunded their fees, and shall have no recourse to designated
spaces offered during the lottery whether or not the person selected is able to
pursue the business.
(7) If for whatever reason the successful candidate for a
designated space permit fails to meet all the requirements necessary to operate
at the designated space in accordance with the City’s by-laws, the designated
space attributed shall remain vacant until the Chief License Inspector
initiates a new lottery, and no person shall have a right to that space whether
or not the person participated in the lottery that assigned the space.
APPLICATION
REQUIREMENTS - DESIGNATED SPACE PERMIT
28. No successful candidate for a designated space permit shall be issued an original permit unless:
(a) the candidate has applied for such permit in person,
(b) the candidate has filed one (1) full-faced photograph of theof himself or herself, of a size 1.5 inches square, taken not more than thirty (30) days prior to the date of the application,
(c) the candidate is the holder of an itinerant seller's license or a refreshment vehicle license of the appropriate license class, as applicable,
(d) the candidate has,
(i) provided evidence to the satisfaction of the Chief License Inspector that in the year preceding the application he or she was the holder of the permit associated with the space applied for, if the space is a site identified on Schedule “B” or “C” or if it is a site identified on Schedule “F” and “G”, and
(ii) paid by cash or by a certified cheque the amount of the permit fee and processing fee as prescribed in Schedule “H” of this by-law,
A. for a roadway space permit for a site identified on Schedule “B”,
B. for a sidewalk space permit for a site identified on Schedule “C”,
C. for a roadway space permit for a site identified on Schedule “F”,
D. for a sidewalk space permit for a site identified on Schedule “G”.
29. Despite Section 28, the annual instalments of the designated space permit fee may be paid in two (2) equal installments :
(a) the first instalment shall be due and payable on or before June 1 of the permit year in question, and,
(b) the second instalment shall be due and payable on or before September 1 of the permit year in question .
30. The permit holder shall attend in person at the Licensing Counter to pay by cash or a certified cheque:
(a) the amount prescribed in Schedule “H” for the second year on or before May 14 of the first year, and
(b) the amount prescribed in Schedule “H” for the
third year on or before May 14 of the second year.
31. The continued use of the permit is conditional on the permit holder complying with Section 30.
32. No person shall use a permit for vending where the permit holder has failed to comply with Section 30.
33. (1) Designated space permits held by the original designated space permit holder shall be renewed on a year to year basis during the permit period, with no right of renewal at the end of the license period.
(2) The Chief License Inspector may renew the designated space permit described in subsection (1) to the original permit holder after the permit period expires provided the permit holder continues to meet all requirements of this by-law.
34. On the application for a renewal of a permit for a designated space, the applicant shall complete the prescribed forms and shall furnish to the City such information as the City may direct to be furnished, and shall file the completed application with the Chief License Inspector.
35. No applicant shall have his or her permit renewed unless:
(a) the applicant has applied in person,
(b) the applicant has filed one (1) full-faced photograph of the applicant, of a size 1.5 inches square, taken not more than thirty (30) days prior to the date of the application,
(c) the applicant is the holder of an itinerant seller's license or a refreshment vehicle license of the appropriate license class, as applicable,
(d) the applicant has,
(i)
provided evidence to the satisfaction of the Chief License Inspector that
in the year preceding the application he or she was the holder of the permit
associated with the space applied for, if the space is a site identified on
Schedule “B” or “C” or if it is a site identified on Schedule “F” and “G”, and
(ii)
paid by cash or a certified cheque the amount of the permit fee and
processing fee as prescribed in Schedule “H” of this by-law,
(A)
for a roadway space permit for a site identified on Schedule “B”,
(B)
for a sidewalk space permit for a site identified on Schedule “C”,
(C)
for a roadway space permit for a site identified on Schedule “F”,
(D)
for a sidewalk space permit for a site identified on Schedule “G”.
36. Despite Section 35, the annual instalments of the designated space permit fee may be paid in two (2) equal installments:
(a) the first instalment shall be due and payable on or before June 1 of the permit year in question, and,
(b) the second instalment shall be due and payable on or before September 1 of the permit year in question.
37. The permit holder shall attend in person at the Licensing Counter to pay by cash or by certified cheque:
(a) the amount prescribed in Schedule “H” for the second year on or before May 14 of the first year, and
(b) the amount prescribed in Schedule “H” for the third year on or
before May 14 of the second year.
38. The continued use of the permit is conditional on the permit holder complying with Section 37.
39. No person shall use a permit for vending where the permit holder has failed to comply with Section 37.
40. (1) The Chief License Inspector shall, upon receipt of an application referred to in Sections 28 and 35, make or cause to be made all investigations required by law or by the City relative to such application.
(2) Despite subsection (1), the Chief License Inspector may renew the permit upon being satisfied that, where applicable,
(a) there is informationon file to the effect that the permit holder has failed to comply with any provision of this by-law or, where applicable, with a condition on which the permit was issued imposed by the License Committee for the period for which the permit was granted.
41. (1) An applicant for an original permit, or the renewal of a permit, is, subject to the provisions of this by-law, entitled to be issued the permit, except where:
(a) the applicant has not,
(i) completed the prescribed application forms,
(ii) delivered with the application payment in full of the processing fee, the late fee, if applicable, and the permit fee as set out in Schedule “H” to be paid in respect of such permit, or
(iii) complied with the permit requirements set out in this by-law for the applicable business,
(b) the conduct of the applicant affords reasonable grounds for belief that the applicant has not carried on, or will not carry on, his or her business in accordance with the law and with integrity and honesty,
(c) there are reasonable grounds for belief
that the carrying on of the business by the applicant has resulted, or will
result, in a breach of this by-law or any other law,
(d) there are reasonable grounds for belief
that the carrying on of the business may be adverse to the public interest,.
42. If the
investigations referred to in Section 73 have been performed and the the conditions of Section 74
have been met by the applicant and the issuance of the permit has been
approved, the Chief License Inspector may issue the permit personally or send
it by ordinary mail to the applicant at the address shown on the
application.
43. The Chief License Inspector shall, upon issuing the permit, furnish to the permit holder a permit certificate and one (1) permit sticker bearing the identifying number of the designated space for which it has been issued and the expiration date of the permit.
44. The Chief License
Inspector shall indicate on the permit:
(a) the type of
goods or refreshments that may be offered for sale or sold, and
(b) the types of
objects or vehicles permitted in the designated space;
45. (1) The Permit Certificate may be the invoice and shall be numbered and include:
(a) the name of the licensee,
(b) the business of the licensee,
(c) the address of the business,
(d) the category of the business license,
(e) the date of issuance of the license,
(f) the date of expiration of the license,
(g) the make, model, serial number and motor vehicle registration number issued under the Highway Traffic Act R.S.O. 1990, c. H. 8 as amended if applicable,
(h) the word “transfer” and the number of the original license, if applicable.
(2) Where
an original permit has been lost or destroyed, the Chief License Inspector,
upon receipt of an affidavit to that effect, furnished by the original permit
holder thereof or by some person having personal knowledge of the loss or
destruction of the permit, may issue a duplicate permit to the permit holder
upon payment of the fee set out in Section H.
46. Permits issued or renewed in 2007 shall expire on May 14, 2008, with no right of renewal in 2008.
(a) In 2008 and thereafter, the term of the permit shall be for a three (3) year period expiring on May 14th of the third year regardless of when the permit was issued during the term.
(b) There shall be no right of renewal of a permit after the expiration of the term.
(c) Despite subsection (2), a permit may be for a shorter or longer period of time if so approved by the Chief License Inspector and so expressed on the permit.
47. (1) Subject to subsection (3), the permit is not transferable in any manner, including leasing agreement and assignment.
(2) No person shall transfer a permit in any manner, including leasing agreement and assignment.
(3) The original permit holder may apply to the Chief License Inspector to transfer his or her permit, within the permit term, to a parent, spouse, brother, sister, son or daughter of the original permit holder, and such approval shall not be unreasonably withheld.
48. The Chief
License Inspector may transfer a permit if directed to do so by a Court of Law.
49. Every permit holder shall ensure that the permit sticker is attached in the upper right hand corner of the plate furnished and affixed to the vending vehicle in accordance with the provisions of the said By‑law Number 2002-189.
50. Every person who vends under the authority of a permit shall ensure that he or she has the permit in his or her possession.
51. Every person who vends under the authority of a
permit shall, when so requested by the Chief License Inspector or any By‑law Officer or peace
officer, produce the
permit for inspection.
52. No person shall sell or offer for sale goods or refreshments in a removal
zone except from a designated space.
53. (1) A person may hold a maximum
of two designated space permits for each appropriate license issued under By-law 2002-189 as
amended provided that the person complies with the provisions of Sections 28
and 35 as the case may be with respect to each designated space.
(2) Despite
subsection (1), no permit holder may operate from more than one of the two approved
designated spaces at any one time.
54. No person shall place, stop or park any object or vehicle used to sell or offer for sale goods or refreshments in a removal zone except in a designated space.
55. No person shall sell or offer for sale goods or refreshments in a designated space without the permit which authorizes the use of that designated space.
56. No person, other than a permit holder, shall locate any object or vehicle in the designated space.
57. No permit holder shall sell or offer for sale any type of goods or refreshments that are not permitted in the designated space by by‑law or permit.
58. No permit holder shall place, stop or park any type of object or vehicle that is not permitted in the designated space by by‑law or permit.
59. The permit holder shall comply with the provisions of By‑law No. 2003-530 being a by‑law of the City of Ottawa regulating traffic and parking on highways, with respect to "no stopping" regulations on the roadway and where a designated space is located on the roadway, the hours of operation permitted under the permit do not include the period during the times or days when stopping is prohibited.
60. No permit holder shall sell or offer for sale any type of goods or refreshments from a designated space located on the roadway outside the hours of operation permitted under Section 59.
61. Every permit holder shall comply with the provisions of By‑law Number 2002-189.
62. No permit holder shall use the designated space where the license used to obtain the permit has been suspended or revoked.
63. Every permit holder shall use his or her designated space and where a permit holder has not used his or her space for a period of four (4) successive weeks, without obtaining prior approval from the Chief License Inspector, the City may revoke the permit.
64. Despite Sections 28 and 35, within the Canada Day removal zone only, permits will be allocated in accordance with the following:
(a) any designated spaces identified in Schedules "D" and "E" which are also designated spaces identified as full‑time spaces in Schedules "B" or "C" will be offered to the full‑time permit holder, and
(b) all other spaces, including any spaces refused by the full‑time permit holder, will be allocated by lottery conducted by the Chief License Inspector.
65. Despite Section 45, for the purposes of Canada Day only, the Chief License Inspector shall indicate on the permit the name of the applicable licensee.
66. No permit sticker shall be furnished with the Canada Day permit.
67. The Canada Day permit shall be valid on Canada Day only.
68. Despite Section 47, Canada Day permits may be exchanged between permit holders provided that each permit holder signs the reverse side of the Canada Day permits which were exchanged.
69. If a designated space is vacated or becomes vacant for whatever reason, the Council of the City may eliminate it.
70. A designated space shall be deemed to be vacated if,
(a)the permit holder voluntarily vacates it and files a notice to that effect with the Chief License Inspector,
(b) the permit holder does not renew the permit for his or her designated space in accordance with this by‑law,
(c)the permit holder dies, or
(d) the License Committee has revoked the permit.
71. (1) The
Director of By-law Services is designated the authority to approve additional
designated spaces within the removal zone shown on Schedule “A-2” provided
that:
(a) the Councillor
in whose Ward the
space is located has been consulted;
(b) the space has
been reviewed by appropriate City departments for safety and nuisance concerns
and deemed suitable;
(c) there is a
maximum of two (2) spaces per vending license;
(d) the licensee
only operates from one of the two designated spaces at any given time; and
(e) the applicant
has complied with the provisions of Sections 28 and 35.
(2) The
City Solicitor is authorized to proceed directly to Council to designate the
space as approved by the Director of By-law Services on either Schedule “F” or “G” of this by-law, as
applicable, by way of placing a by-law directly on the Agenda of Council.
72. (1) Any peace officer or Municipal By‑law Enforcement Officer authorized to enforce this by‑law who has reason to believe that any object or vehicle is placed, stopped or parked in a designated space or in a removal zone in contravention of this by‑law,
(a) may, upon producing appropriate identification, require that a valid permit issued by the City be produced for reasonable inspection; and
(b) if no valid permit is produced, may, after informing the person, if any, in charge of the object or vehicle that it is in a removal zone or designated space contrary to this by‑law and upon giving a receipt for it to that person, cause the object or vehicle to be moved and stored in a suitable place.
(2) Subject to subsections (3) and (4), all costs and charges for the removal, care and storage of any object or vehicle under this by‑law are a lien upon it which may be enforced by the City in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chap. R.25, as amended.
(3) An object or vehicle removed and stored in accordance with subsection (1) and not claimed by the owner within sixty (60) days is the property of the City and may be sold and the proceeds shall form part of the general funds of the City.
(4) Despite subsection (3), any perishable object is the property of the City upon being moved from the removal zone or designated space in accordance with subsection (1) and may be destroyed or given to a charitable institution.
73. The fees shall be as set out in Schedule “H” to this by-law.
74. Processing fees are non-refundable in whole or in part.
75. (1) In the event of a permit holder not renewing
the permit or paying the instalment fee on or before their expiration, the
permit holder may renew the permit by making application therefor as provided
in this by-law up to and including the fifteenth day after the expiration of
the permit and shall pay the late fee set out in Section H in addition to the
permit or permit instalment fee as applicable.
(2) In the event of a permit holder not renewing the permit or failing to pay the instalment fee on or before the fifteenth day after its expiration, the permit holder ceases to be a permit holder and shall lose all rights to the permit.
76. (1) The Chief License Inspector shall refuse to issue to the applicant the permit applied for if the conditions for issuance in Section 28 or Section 35 have not been met.
(2) The Chief License Inspector shall give the applicant notice in writing of the refusal to issue the permit applied for, and said notice shall be served personally or by registered mail to the applicant at the address shown on the application.
(3) The Chief License Inspector shall return the permit fee or instalment fee, as the case may be, paid at the time of the application in respect of such permit after the expiration of fourteen (14) days of having served the notice provided that an application for review of the refusal to issue the permit has not been filed.
77. An applicant in receipt of a notice of refusal given pursuant to Section 76 may, within fourteen (14) days of having been served the notice, apply in writing for a review of the refusal to issue the permit applied for by filing the request for a review with the Chief License Inspector, and the provisions of Sections 79 to 86 shall apply.
78. The Chief License Inspector may report to the License Committee any breaches by the permit holder of this by-law with a request to consider the status of the permit.
79. The Chief License Inspector,
(a) upon receipt of the application referred to in Section 77, or
(b) upon reporting to the License Committee as set out in Section 78,
shall determine a date with the Committee Coordinator of the License Committee for the review hearing by the License Committee which shall be at least fourteen (14) days hence.
80. Upon determination of the review hearing date, the Chief License Inspector shall give notice in writing to the applicant or permit holder and said notice shall:
(a) include a statement,
(i) as to the time, date, place and purpose of the review hearing, and
(ii) that, if the applicant does not attend the review hearing, the License Committee may proceed in the absence of the applicant or permit holder and the applicant or permit holder will not be entitled to any further notice,
(b) be served personally or by registered mail to the applicant or permit holder at the address last on file with the Chief License Inspector, and
(c) where the good character, propriety of conduct or competence of a permit holder is an issue, contain reasonable information of any allegations with respect thereto.
81. (1) The License Committee shall hold the review hearing at the time, place and date set out in the notice referred to in Section 80.
(2) The
applicant or permit holder may be represented at the review hearing by counsel,
and the applicant or permit holder or the counsel shall have the right to
adduce evidence, submit argument in support of the application for a permit or
the status quo of the permit and cross-examine witnesses adverse in interest.
(3) The City shall be represented at the review hearing by either the Chief License Inspector or the City Solicitor, who is entitled to adduce evidence and submit arguments in reply to evidence and argument on behalf of the applicant or permit holder.
(4) At the review hearing, the onus shall be upon the applicant or permit holder to show cause why,
(a) the permit applied for should be granted,
(b) the permit should not be suspended or revoked , or
(c) conditions should not be imposed on the permit.
(5) All review hearings shall be public hearings unless the applicant or permit holder requests that the hearing be held in camera and the License Committee may approve the request by a simple majority in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended.
(6) The License Committee’s decision shall be final and binding.
82. The License Committee shall give its decision in writing to the Chief License Inspector within seven (7) days of the date of the completion of the review hearing.
83. Despite any of the provisions of this by-law, any proceedings may be disposed of by a decision of the License Committee given,
(a) without a hearing, or
(b) without compliance with any other requirements of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended, or of this by-law incorporating such requirements,
where the permit holder has waived such hearing or compliance.
84. (1) The Chief License Inspector shall notify the applicant or permit holder of the decision by serving a copy personally or by registered mail to:
(a) the applicant or permit holder at the address shown on the application, or last on file with the Chief License Inspector, or
(b) the counsel or agent of the applicant or permit holder, if any, at the address as stated to the License Committee.
(2) If
the decision rendered is to grant the applicant the permit applied for, the
permit shall be issued.
(3) If the decision is to suspend or revoke the permit, the permit holder shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, return the permit to the Chief License Inspector, and the Chief License Inspector shall have access to any premises or other property of the permit holder for the purpose of receiving or taking the same.
(4) If the decision is to impose conditions on the permit, the permit holder shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, advise the Chief License Inspector as to his or her acceptance of the conditions.
85. (1) Every permit holder shall notify or cause to be notified the Chief License Inspector in writing within seven (7) days of the happening of the following events:
(a) any change in the permit holder’s address or telephone number,
(b) sale, or termination of the business,
(c) retirement,
(d) in the situation where the permit holder provided the name and address of his or her business affiliate or employer, any change in the named business affiliate or employer, or
(e) any change of address, telephone number or Ontario License Plate Number of a motor vehicle that is registered with the Ontario Ministry of Transportation and any change of motor vehicle ownership and appropriate insurance endorsement.
(2) In the case of the death of the permit holder, the person administering the estate should notify or cause to be notified the Chief License Inspector in writing.
86. (1) Subject to subsection (3), every person obtaining a permit under this by-law shall carry the said permit certificate upon his or her person.
(2) Every permit holder shall, when so requested by the Chief License Inspector, produce the permit for inspection.
(3) Every person obtaining a permit under this by-law where the same applies to premises shall ensure that his or her permit is posted up in some prominent position on the premises, so as to visible to the public.
87. No person shall give false or incorrect
information for the purposes of obtaining a permit.
88. All permit holders are subject to all applicable Acts, regulations and by-laws.
89. (1) A
permit issued under this by-law remains the property of the City at all times.
(2) No
person shall enjoy a vested right in the continuance of a permit.
(3) Every decal furnished pursuant to this by-law shall be and remain the property of the City and shall be returned to the City or removed whenever required to do so by the Chief License Inspector.
90. Every person applying for or holding a permit under this by-law shall, in such application or in carrying on or engaging in the business in respect of which the permit is issued, observe, comply with and be governed by this by-law.
91. No person issued a permit under this by-law shall, because of race,
colour or creed, discriminate against any member of the public in the carrying on of the business in
respect of which the permit is issued.
92. Every permit holder shall be responsible for the act or acts of any of his or her employees or any person associated with the permit holder in the carrying on of any of the businesses authorized by his or her permit in the same manner and to the same extent as though such act or acts were done by the permit holder.
93. (1) Every permit holder shall comply with every condition imposed upon the permit.
(2) Every permit holder who fails to comply with subsection (1) is guilty of an offence.
94. Every person who contravenes any of the provisions of this by-law is guilty of an offence.
95. Every person who is
convicted of an offence under this by-law is liable to a fine of not more than
five thousand ($5,000.00) dollars as provided for in the Provincial Offences
Act, R.S.O. 1990, Chap. P.33, as amended.
96. When a person has been convicted of an offence under
this by-law,
(a) the Ontario Court of Justice or
(b) any court of competent jurisdiction
thereafter
may, in addition to any other
penalty imposed on the person convicted, make
an order prohibiting the continuation or repetition of the offence by
the person convicted.
97. In addition to any other penalty, a permit issued under the authority of this by-law may be suspended or revoked upon such grounds and in accordance with such procedural provisions as are set out in this by-law.
98. (1) A permit may be temporarily suspended in accordance with subsection (2) for a minimum period of twenty-four (24) hours and for a maximum period of fourteen (14) days.
(2) Temporary suspensions may be initiated by the Chief License Inspector or By-law Officer in any situation that has resulted or may reasonably be expected to result in an emergency situation including but not limited to:
(a) where the permit holder has breached any law,
(b) where the permit holder has done anything that is in any way adverse to the public interest,
(c) where a motor vehicle is deemed to be mechanically unsafe, including but not limited to body damage with sharp edges, holes in the floor boards, unserviceable tires, doors not closing properly, wire protruding from the seat or any other mechanical defect that would render the motor vehicle unsafe,
(d) where a cheque is returned marked “NSF” for the payment of a permit fee or instalment thereof and in such cases, the permit shall be suspended until the permit fee or unpaid instalment is paid, or
(e) where there is misuse of a permit by a permit holder taking a plate from one vehicle and affixing it to another vehicle which is not approved for by-law purposes,
(3) Prior
to suspending a permit, the Chief Licence Inspector shall provide the permit
holder with the reasons for the suspension either orally or in writing and an
opportunity to respond to them.
(4) If the violation has been corrected after the twenty-four (24) hour period, the permit may be reinstated.
(5) The Chief License Inspector will be advised immediately of all temporary suspensions.
(6) The Committee will be advised on a quarterly basis of all temporary suspensions.
(7) The suspension of a permit pursuant to this section is lifted after the expiration of two (2) weeks from the date of suspension or after the first meeting of the License Committee after the suspension, whichever occurs first.
99. Where a permit has been suspended or revoked, no
person shall refuse to deliver the permit to the Chief License Inspector or
shall in any way prevent or hinder the Chief License Inspector from receiving
or taking the same.
100. Where a
permit is revoked, the permit holder is entitled to a refund of a part of the
permit fee or instalment that has been paid proportionate to the unexpired part
of the term for which it was granted, such refund to be pro-rated on a monthly
basis.
101. No licensee shall operate or carry on the activity or business for which the permit was issued while the permit is under suspension.
REPEAL PROVISIONS HERE (to be added later)
EFFECTIVE DATE
102. This by-law shall come into force and take effect on the 1st day of January, 2008.
ENACTED AND PASSED this day of , 200 .
CITY CLERK MAYOR
SCHEDULE "A” -
Schedule “A-1”
Schedule "B"
SCHEDULE
"B"
Roadway Space # |
Meter # |
General Description |
1 |
1 |
north side of Sparks Street west
of Lyon Street |
2 |
123 |
north side of Albert Street east
of Lyon Street |
3 |
231 |
south side of Slater Street
between Lyon Street and Kent Street |
|
|
|
6 |
2417 |
north side of Queen Street east of
Kent Street |
|
|
|
9 |
3254 |
south side of Laurier Avenue east
of Bank Street |
10 |
2408 |
north side of Queen Street west of O'Connor Street (Retained for temporary relocation purposes) |
12 |
2533 |
south side of Queen Street east of
O'Connor Street |
14 |
2359 |
west side of O'Connor Street
between Gloucester Street and Laurier Avenue |
15 |
573 |
north side of Lisgar Street west of
Bank Street |
16 |
617 |
south side of Cooper Street east
of Bank Street |
17 |
2048 |
west side of Metcalfe Street north
of Queen Street |
|
|
|
|
|
|
20 |
483 |
south side of Nepean Street west
of Elgin Street |
21 |
523 |
north side of Lisgar Street east of Elgin Street (Retained for temporary relocation purposes) |
23 |
N/A |
west side of Metcalfe Street south
of Wellington Street |
Schedule "C"
SCHEDULE "C"
Sidewalk Space # |
General Description |
Vendor Type |
25 |
west side of Bank Street south of Sparks Street |
Refreshment |
26 |
west side of Bank Street south of Sparks Street |
Refreshment |
27 |
west side of Bank
Street between Albert Street and Slater Street (Retained for temporary relocation purposes.) |
Refreshment |
|
|
|
30 |
east side of Bank Street south of Sparks Street |
Refreshment |
31 |
east side of Bank Street south of Queen Street |
Refreshment |
32 |
east side of Bank Street south of Laurier Avenue |
Refreshment |
|
|
|
34 |
west side of
O'Connor Street south of Sparks Street
(Retained for
temporary relocation purposes) |
Refreshment |
|
|
|
36 |
east side of O'Connor Street south of Sparks Street |
Refreshment |
37 |
west side of Metcalfe Street south of Sparks Street |
Refreshment |
|
|
|
|
|
|
40 |
west side of Metcalfe Street between Laurier Street and Slater Street |
Refreshment |
41 |
east side of Metcalfe Street north of Sparks Street |
Refreshment |
42 |
east side of Metcalfe Street south of Sparks Street |
Refreshment |
43 |
east side of Metcalfe Street between Albert Street and Queen Street |
Refreshment |
|
|
|
47 |
west side of Elgin Street between Nepean Street and Gloucester Street |
Refreshment |
|
|
|
50 |
east side of Elgin Street north of Laurier Street |
Refreshment |
51 |
east side of Elgin Street south of the Mackenzie King Bridge |
Refreshment |
52 |
east side of Elgin Street north of Queen Street |
Refreshment |
|
|
|
54 |
west side of Metcalfe Street between Sparks Street and Wellington Street |
Ice Cream or Beverage |
56 |
west side of Metcalfe Street between Sparks Street and Wellington Street |
Refreshment |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE "D"
ROADWAY VENDORS – CANADA DAY (By-law 2004-99) |
||
STREET |
GENERAL DESCRIPTION |
# OF SPACES |
SUSSEX DRIVE |
WEST SIDE between Murray Street and Clarence Street |
3 spaces |
MURRAY STREET |
SOUTH SIDE between Sussex Drive and Parent Avenue |
2 spaces |
ELGIN STREET |
WEST SIDE between Wellington Street and Queen Street |
6 spaces |
WEST SIDE between Queen Street and Albert Street |
4 spaces |
|
WEST SIDE between Albert Street and Slater Street |
3 spaces |
|
EAST SIDE between Queen Street and Wellington Street |
12 spaces |
|
EAST SIDE between Queen Street and Albert Street in front of NAC -after 10:30 a.m. only |
3 spaces |
|
EAST SIDE between Slater Street and Laurier Avenue |
4 spaces |
|
METCALFE STREET |
WEST SIDE between Wellington Street and Queen Street |
6 spaces |
EAST SIDE between Wellington Street and Queen Street |
5 space |
|
EAST SIDE between Queen Street and Albert Street |
4 spaces |
|
O'CONNOR STREET |
WEST SIDE between Wellington Street and Queen Street |
8 spaces |
EAST SIDE between Wellington Street and Queen Street |
7 spaces |
|
KENT STREET |
EAST SIDE between Sparks Street and Wellington Street |
3 spaces |
LAURIER AVENUE |
NORTH SIDE between Elgin Street and Metcalfe Street |
1 space |
|
SOUTH SIDE between Bank Street and O'Connor Street |
1 space |
QUEEN STREET |
NORTH SIDE between Elgin Street and Metcalfe Street |
1 space |
|
NORTH SIDE between Metcalfe Street and O'Connor Street |
2 spaces |
|
NORTH SIDE between O'Connor Street and Bank Street |
1 space |
NORTH SIDE between Bank Street and Kent Street |
2 spaces |
|
SOUTH SIDE between Elgin Street and Metcalfe Street |
3 spaces |
|
SOUTH SIDE between Metcalfe Street and O'Connor Street |
2 spaces |
|
TOTAL NUMBER OF ROADWAY SPACES: 83 SPACES |
SCHEDULE "E"
SIDEWALK VENDORS – CANADA DAY (By-law 2004-99) |
||
STREET |
GENERAL DESCRIPTION |
# OF SPACES |
ST. PATRICK STREET |
WEST OF MACKENZIE AVENUE to south side of Interprovincial Bridge on concrete sidewalk (ramp to bridge) |
52 spaces |
MACKENZIE AVENUE |
WEST SIDE north of 91 metre restriction to intersection of MacKenzie Avenue and St. Patrick Street * 8 Itinerant |
15 spaces |
TRAFFIC ISLAND bordered by St. Patrick Street connecting sidewalk between MacKenzie Avenue and Art Gallery |
2 spaces |
|
TERRY FOX WALKWAY |
* All Itinerant |
12 spaces |
WELLINGTON STREET |
SOUTH SIDE between Metcalfe Street and Elgin Street |
13 spaces |
SOUTH SIDE between Metcalfe Street and O'Connor Street |
19 spaces |
|
SOUTH SIDE between Bank Street and O'Connor Street |
21 spaces |
|
SOUTH SIDE between Bank Street and Kent Street |
28 spaces |
|
SOUTH SIDE between Bank Street and Lyon Street |
17 spaces |
|
ELGIN STREET |
WEST SIDE between Wellington Street and Sparks Street * 4 Itinerant adjacent to Langevin Block |
14 spaces |
WEST SIDE between Queen Street and Sparks Street, south of Sparks Street Mall border |
1 space |
|
WEST SIDE between Queen Street and Albert Street |
9 spaces |
|
WEST SIDE between Albert Street and Slater Street |
3 spaces |
|
EAST SIDE south of Sparks Street and north of entrance to National Arts Center |
8 spaces |
|
EAST SIDE between Slater Street and Laurier Avenue |
12 spaces |
|
METCALFE STREET |
WEST SIDE between Wellington Street and Sparks Street |
5 spaces |
WEST SIDE between Sparks Street and Queen Street |
1 space |
|
WEST SIDE between Slater Street and Laurier Avenue |
3 spaces |
|
EAST SIDE between Wellington Street and Sparks Street * 3 Itinerant adjacent to Langevin Block |
4 spaces |
|
EAST SIDE between Queen Street and Sparks Street |
1 space |
|
EAST SIDE between Queen Street and Albert Street |
2 spaces |
|
WEST SIDE between Queen Street and Albert Street |
2 spaces |
|
O'CONNOR STREET |
WEST SIDE between Sparks Street and Queen Street |
1 space |
WEST SIDE between Queen Street and Albert Street |
1 space |
|
EAST SIDE between Wellington Street and Sparks Street |
1 space |
|
EAST SIDE between Queen Street and Sparks Street |
1 space |
|
BANK STREET |
WEST SIDE between Sparks Street and Queen Street |
2 spaces |
WEST SIDE between Albert Street and Slater Street |
2 spaces |
|
EAST SIDE between Sparks Street and Queen Street |
2 spaces |
|
EAST SIDE between Queen Street and Albert Street |
1 space |
|
KENT STREET |
EAST SIDE between Sparks Street and Queen Street |
1 space |
TOTAL NUMBER OF SIDEWALK SPACES: 256 SPACES |
SCHEDULE “F”
Roadway Space # |
Location (nearest municipal address or
intersection.) |
Vendor Type |
|
|
|
200 |
North side of Wellington (1145) west of McCormick |
Food/Motor |
|
|
|
201 |
West side of Courtwood minimum 15 metres south of Woodward (1716) |
Food/Motor |
|
|
|
202 |
South side of Richmond between Patricia & Hilson |
Food/Motor |
|
|
|
203 |
West side of Booth (600) south of Norman |
Food/Motor |
|
|
|
204 |
South side of Wellington west of Holland |
Food/Motor |
|
|
|
205 |
East side of Booth minimum 15 metres north of Norman |
Food/Motor |
|
|
|
206 |
West side of Dumaurier (2865) a minimum of 15 metres from Ramsey and 20 metres from the bus stop |
Food/Motor |
|
|
|
207 |
East side of Bantree (1815) on gravel portion |
Food/Motor |
|
|
|
208 |
Conventry (419) at north west corner of 90 degree turn |
Food/Motor |
|
|
|
209 |
South side of St. Laurent (2315) east of Thurston Minimum 20 m east of bus stop |
Food/Motor |
|
|
|
210 |
North side of Old Innes where Old Innes meets Scheffield |
Food/Motor |
|
|
|
211 |
West side of Prince of Wales south of traffic circle |
Food/Motor |
|
|
|
212 |
Nelson and York |
Food/Motor |
SCHEDULE “G”
Sidewalk Space # |
Location (municipal address or nearest intersection.)
|
Vendor Type |
|
|
|
230 |
North side of Carling southwest corner 1565 |
Food Cart |
|
|
|
231 |
South side of Richmond (366) between Roosevelt and Churchill |
Food Cart |
|
|
|
232 |
West side of Rochester (300) south of Gladstone |
Food Cart |
|
|
|
233 |
East side of Holland north side of Scott minimum 10m from intersection |
Food Cart |
|
|
|
234 |
North side of Carling West side of Preston |
Food Cart |
|
|
|
235 |
East side of Fairlawn at a minimum distance of 45metres south of Carling |
Food Cart |
|
|
|
236 |
North side Rideau (275) west of King Edward |
Food Cart |
|
|
|
237 |
North side of Lancaster (2723) |
Food Cart |
|
|
|
238 |
North side of Belfast 45m west of Michael |
Food Cart |
|
|
|
239 |
South side of Richmond between Patricia and Hilson |
Food Cart |
|
|
|
240 |
South side of Laurier Avenue East (66) east of pedestrian crosswalk |
Food Cart |
|
|
|
241 |
North side of Laurier Avenue East (75) west of pedestrian crosswalk |
Food Cart |
|
|
|
242 |
North side of Rideau (201) east of Waller |
Food Cart |
|
|
|
243 |
West side of North River at McArthur |
Food Cart |
|
|
|
244 |
Beechwood and MacKay |
Food Cart |
SCHEDULE “H”
Lottery Application Fee $100
Processing Fee $50
Duplicate Permit Fee $50
Late Fee $50
Designated Spaces
Three Year Permit Fee - Installments –
Table 1
Street Spaces |
3 year Permit Fees |
Annual Installments |
||
Removal Zone 1 |
|
2008 |
2009 |
2010 |
Schedule B |
$11,250 |
$3,500 |
$3,750 |
$4,000 |
Schedule F |
$5,100 |
$1,600 |
$1,700 |
$1,800 |
Table 2
Sidewalk Spaces |
3 year Permit Fees |
Annual Installments |
||
Removal Zone 2 |
|
2008 |
2009 |
2010 |
Schedule C |
$4,800 |
$1,500 |
$1,600 |
$1,700 |
Schedule G |
$2,400 |
$750 |
$800 |
$850 |
1. COMMENTS
- Received from Permit Holders
Generally
there is a high satisfaction level with the programme.
Permit
holders are unanimous in expressing their objections related to the
« proposal call » and the prospect of losing their designated space
after more than 10 years in operation.
The report
proposes to eliminate the proposal call and to replace it with a process that
retains the concept of a three year permit period that gives the permit holder
stability in knowing that the space can be retained during the permit’s three
year period and that the permit renewal at the end of the permit period will
not be unreasonably refused subject to continued compliance with all the
related regulations and by-laws.
Community
and Protective Services and Legal Services strongly recommend that the
non-transferability of the permit (to people other than immediate family
members) be retained. The provision is
required to prevent artificial market values and the speculation related to
black market values. The permits and the designated spaces are the property of
the City of Ottawa and should not be subject to speculation.
The recommendations propose increases to the Designated Space Permit fees with year-over-year increases are in the range of 6% over the next three years, resulting in a 20% increase over the three year permit period. However, combined with proposed Business License fee reductions (see reports Ref. No:ACS2007-CPS-BYL-0051 and 0052) the permit holder will actually see a reduction in overall fees in 2008.
The cost related to administration and enforcement of the Programme and related business activities is recovered by the combined revenues from the required business license fees and designated space permit fees (based on the annual fee). Pro-rated permit fees are not recommended at this time. Introduction of pro-rated fees based on the actual occupation of the space (approx. 7 months a year) would not maintain current cost recovery objectives. In response to the permit holder concerns the Department is recommending that the related business license fees offer flexible fees based on various license periods.
This concern is being addressed in the report (Ref. No. ACS2007-CPS-BYL-0052) related to Mobile Refreshment Vehicles and Carts, wherein an proposed by-law provision creates an application and review process for application requesting dimension increases. The report proposes that the Chief License Inspector be delegated the authority to approve requestes for increases of 10% of less where suitable.
2- COMMENTS – Received by the Bank Street – Business Improvement Area
The tendering process should be utilized. The process was included to provide opportunities for other individuals to participate in the program and to raise revenues for the City.
Community and Protective Services believes that undertaking proposal calls every three years to re-allocated all designated spaces will significantly and negatively impact on the service provided by current permit holders. Previous Councils have continually deferred the process. Current permit holders have 10 to 20 years experience and have attracted their client base over many years. Imposing a tendering process would reduce the interest in operating from Designated Spaces and risk attracting individuals that lack the required experience, and would make it more difficult to obtain loans from banks needed to invest back in the equipment and vehicles, if lending institutions feel the business may be required to move every three years).
In the early 1990’s, the former City of Ottawa began issuing a limited number of business licenses (under the provisions of Licensing By-law L6-2000 - Schedule 17 relating to Itinerant Sellers and Schedule 20 related to Refreshment Vehicles) to authorize vending from on-street or on-sidewalk spaces. The related regulations aimed to ensure safety, traffic flow and maintenance requirements. The licenses authorize vending from streets and sidewalks within the boundaries of the old City of Ottawa as long as the spaces utilized complied with the by-law.
The downtown core quickly became saturated with on-street and on-sidewalk vendors due to high pedestrian traffic and limited availability of private property spaces. As a result conflicts between vendors competing for the best spaces became daily occurrences, owners of fixed premises began complaining of unfair competition, and lower revenues began to impact the viability of street and sidewalk vending.
A moratorium on the issuance of (new) original licenses has been in effect for more than 10 years. However people who hold valid licenses may renew their municipal license annually provided they comply with all regulations. The licenses are not transferable (except to immediate family members) and are not re-issued if the current licensee ceases to renew or ceases operations.
In order to control the number of vendors and vending locations, the former City of Ottawa applied for and obtained special enabling legislation from the Province. The City of Ottawa Act, 1996 gave Council the authority to enact the Designated Space Programme By-law to regulate the number of vending spaces, designate removal zones, regulate the vending spaces, set permit fees, impose an allocation process, etc.
The Designated Space Programme By-law established approximately 100 spaces (30 – on-street spaces and 70 – on-sidewalk spaces) within the downtown area. To give effect to the control measure the by-law designated the downtown area as a ‘Removal Zone’ from which vending from the street or sidewalk is only allowed by vendors who hold valid vending licenses and a permit to operate from a specific designated space. Street and sidewalk designated space permits are subject to annual permit fees. The Designated Space Programme By-law applies only to the former City of Ottawa and cannot be expanded in its current format to other areas of the new City because of the enabling legislation.
The designated spaces were initially allocated by seniority. Although the by-law provides for such spaces to be re-allocated by a proposal call process every three years Council has always deferred this process instead allowing the existing licensees the previlege to renew their permit on a year to year basis.
Both the designated space permits and the business licenses that allow vending on the street or sidewalk cannot be transferred (except to an immediate family member). The licenses and associated designated spaces are taken off the inventory once the licensee ceases to operate. The ‘transfer’ prohibition is in place to reduce the number of spaces by attrition, to avoid spaces becoming object of speculation, to prevent the creation of artificial street value and to control inappropriate financial transactions related to roadway or sidewalk spaces.
Vendors on Highways By-law – Prohibition related to vending on streets and sidewalks
The Vendors on Highways By-law approved by Council (report entitled: By-laws – Vendors on Highways Ref.No. :ACS2005-CPS-BYL-0023), came into effect on May 15, 2006. The by-law imposes a prohibition on vending on streets and sidewalks within the City of Ottawa, except from spaces that are designated pursuant to the Designated Space Programme By-law (No. 300-96) or during an approved special event. The by-law provides exceptions to the general vending prohibition (mobile ice-cream vendors); and provides for the removal, storage and disposal of goods placed on the highway in contravention of the By-law.
Before the Vendors on Highways By-law came into effect, Council approved amendments to the Designated Space Program By-law to establish twelve (12) roadway spaces and fifteen (14) sidewalk spaces outside the original Removal Zone and created a second removal zone which includes the entire former City of Ottawa except the original Removal Zone. The amendment was needed to recognize existing qualified vendors that were not at a fixed on-street or on-sidewalk space.
As stated before the transition provisions of the City of Ottawa Act 1999, enable Council to adopt and amend the Designated Space Programme only as it applies to the geographic area of the former City of Ottawa.
Currently, the number of spaces available under the Designated Space Programme are as follows :
Original Removal Zone Second Removal Zone
(Downtown Former Ottawa) (Remaining area of Former City of Ottawa)
12 on-street and 16 on-sidewalk spaces 13 on-street and 15 on-sidewalk spaces
The current Designated Space Programme By-law as amended allows for additional spaces to be approved at a later date to consider the affected licensees that have not for various reasons, been able to participate in the 2006 round of review and approvals. All current proposed and future proposed spaces will be located in old Ottawa and will have been reviewed and approved by the Chief License Inspector following consultation with various City Departments to ensure safety and nuisance concerns have been addressed and that the spaces are otherwise suitable.
The programme is considered beneficial by permit holder and the Community and Protective Services.
The designated space programme has achieved its intended objectives of reducing conflicts between vendors and attaining a reasonable number vending spaces through attrition. The programme is deemed beneficial and effective by both staff and permit holders/vendors.
BY-LAWS – DESIGNATED SPACE
PROGRAMME – ROADWAY/SIDEWALK VENDING - AMENDMENTS
REGLEMENTS
MUNICIPAUX – PROGRAMME DE PLACES DESIGNEES - MODIFICATIONS
ACS2007-CPS-BYL-0053 CITY WIDE / À
L'ÉCHELLE DE LA VILLE
The Committee received a memo dated 15 November 2007 from the Business Advisory Committee (BAC) presenting recommended changes to the by-law reports.
Susan Jones, Director of By-law and Regulatory Services gave a combined presentation of Items 2, 3 and 4 on the agenda. A copy is held on file. She referred to a series of amendments prepared by staff to address the concern of the BAC as well as other housekeeping matters.
Where appropriate, specific comments about the individual reports are contained within the discussion portion of that item.
Following a series of questions posed to staff, the Committee received the following delegations:
Jane Scharf believed the by-law is deliberately structured to prohibit the participation of those who are of limited means, especially street youth, for the following reasons:
· They must be 18 years of age; the City already has a big problem of youth (16 - 18 years of age) that leave the CAS with no support, skills and income and their capacity to make money is limited; the by-law discriminates against them because of their age
· They must have five years experience; this is not going to help the youth who may not have the required experience
· $1M of insurance; prohibitive to the homeless trying to make a living on the street
· Vendors have to be at the site 50% of the time; many homeless individuals have chronic mental illness that allows them only to be there part time; this would normally make street vending an appropriate activity for such individuals because it does not require their full time participation
· The fee process makes it prohibitive for street people
In closing, Ms. Scharf made note of the fact that the City’s own plan for homelessness said that street vending is one way to promote economic opportunity for disenfranchised people and yet these by-laws prohibit the participation of the very person who would benefit most readily with street vending.
Following on the latter comments, Ms. Jones confirmed that staff are aware of the recommendations from the Homelessness Task Force Report, including specific recommendations about vending. Accordingly, staff intend to meet with a variety of
stakeholders and bring the recommendations before the Task Force and the CPSC with respect to vending for the homeless. The concerns raised by Ms. Scharf would be addressed through that process in the report to Committee in January 2008. This report would also address an issue raised by the Task Force about designated spaces being made available to the homeless.
Terry Scanlon, hog dog vendor spoke of his 24+ years as a vendor in the downtown core and offered his support to the staff recommendations. He has found the by-laws beneficial and over the years, the changes have helped street vendors.
Peggy Ducharme, Downtown Rideau BIA responded initially to Ms. Scharf’s concerns of helping youth and others vend on the street by indicating that through consultation with various social service agencies, they have come forward with suggestions and recommendations as to how they can help the City resolve some of these issues, while still being respectful of the greater community’s concerns.
Ms. Ducharme advised that they are in support of the staff position, with the following exceptions:
· They recommend that the Downtown Rideau BIA (Rideau from the Canal to King Edward, including the pedestrian underpass), be added as a restricted area from additional locations referenced in Items 2, 3 and 4 on the agenda today. This request is based on recent initiatives to remove clutter and obstructing objects from the street in order to open sight lines and maximize pedestrian rights-of-way along the sidewalks, to assist with safety improvement efforts being undertaken by area stakeholders.
· They oppose the sidewalk location listed on Schedule G for space on the north side of Rideau east of Waller; this is the location at the Waller Mall in front of the Brewer’s Retail. They are already trying to respond to safety concerns generated as a result of activity in this vicinity and believe adding this use will generate additional concerns.
Given the latter concern and acknowledging that this location is already a major problem identified by the police and by-law services, Councillor Bédard asked whether it is being recommended as a permitted location for vending. Ms. Jones explained there are currently two locations approved (north side of Rideau west of King Edward and east of Waller). She confirmed they were not adding any new locations but agreed to investigate and if necessary, prepare the appropriate amendment to remove this location.
Councillor Holmes acknowledged that 90% of the vendors are in her ward, although the numbers have been steadily decreasing over the years. While she recognized that vendors add animation and colour to the street, she wanted assurances that any spaces that are closed elsewhere are not opened up in her ward. Ms. Jones agreed to take that as direction.
Questions arose as a result of the delegation’s concerns about new spaces for vending and Ms. Jones confirmed that no permits would be issued without prior consultation with the local BIA and ward councillor. In response to questions posed by Councillor Bédard, Ms. Jones clarified that vendors pay a permit fee to rent a designated space, in addition to a fee for a license to vend.
Moved by D. Holmes
WHEREAS the proposed by-law wording prescribes that an applicant wishing
to participate in the lottery aimed at determining successful qualified
candidates for original designated space permits has to be the person vending at the
designated space at least 50% of the time; and the proposed by-laws in Items 3
and 4 require that licensees of certain on-street and on-sidewalk vending
categories to operate the vending operation at least 50% of the time;
AND WHEREAS the intent of the above noted by-law sections were meant
to capture only new permit holders and licensees of the relevant classes as
they enter the designated space programme;
AND WHEREAS the sections as currently worded would
effectively require all designated space permit holders to operate at the
vending location at least 50% of the time vending occurs at the space, thereby
creating a broader impact than originally intended;
AND WHEREAS this unintended broad impact was not raised during
public consultation;
AND WHEREAS the requirements can be brought forward at a later date
if deemed appropriate;
THEREFORE BE IT RESOLVED THAT Community and Protective Services
Committee recommend that Council delete Section 21 (3) (vi) of the proposed
Designated Space Programme By-law.
CARRIED
Moved by D. Holmes
WHEREAS the
Business Advisory Committee (BAC) at its meeting of November 13, 2007 moved to
approve the staff recommendations subject (in part) to the following recommendation
being considered: “That Designated
Space Permit Holders not be permitted to obtain another designated space permit
thereby opening the industry to people who do not currently hold a permit.”
AND WHEREAS Community and Protective Services does not object to the
suggestion and proposes the amendment noted
below to give effect to the BAC recommendation by making it a
requirement that an applicant for the lottery to allocate designated space
permits cannot already be a designated space permit holder;
THEREFORE BE IT RESOLVED that the Community and Protective Services
Committee recommend that Council amend the proposed by-law attached as Document
1 of the report to include the following after section 21. (3) (iii) (C):
“21. (3) (iii) (D) to not be a Designated Space Permit Holder.
CARRIED
Councillor Bédard was surprised that Nelson and York appear in Schedule F, especially after he had provided unsupportive comments to staff to this proposed “new” location. His concern was that the location is in a residential area. Ms. Jones confirmed the intersection is an approved designated space and there is currently a vendor there. She went on to state that it complies with the zoning where it is located and is not directly in a residential area, but agreed to investigate and respond to the councillor before this matter rises to Council.
That the Community and
Protective Services Committee recommend that Council repeal the existing
Designated Space Programme By-law 300-96, as amended, and enact a new Designated
Space Programme By-law to reflect existing regulations and to revise certain
administrative provisions as detailed in Document 1, to :
1. Up-date Designated Space Programme
Committee powers and appeal process provisions;
2. Up-date Schedules that lists designated
spaces and to repeal a number of vacant spaces;
3. Repeal the current method of allocation
(proposal call);
4. Establish a lottery process to allocate
vacant spaces at the discretion of the Chief License Inspector;
5. Establish a three year permit period;
6. Establish new permit fees and new
installment payment provisions;
7. Allow a permit holder to transfer the
permit to an immediate family member without the condition that the permit
holder be unable to continue to operate the business;
8. Delegate authority to the Chief License
Inspector to transfer a permit if so directed by a Court decision;
9. Impose on the permit holder the
responsibility of the actions of his or her employees; and
10. Incorporate the necessary minor
administrative amendments, including but not limited to the addition of
definitions, renumbering of the sections, incorporating the necessary
transition provisions, and correcting other minor errors, to accommodate and
give full effect to the amendments outlined in the recommendations and attached
proposed by-law.
CARRIED, as amended