By-law No. 9
The Council of the Municipality of Grand Bay-Westfield under authority vested in it by Section 11 of the Municipalities Act, R.S.N.B. 1973, c.M-22 and amendments thereto enacts as follows:
1. This by-law may be cited as the Transient Trader By-law.
2. In this by-law,
(a) “business” means any marketing activity conducted for the sale of goods, merchandise, or services for a profit;
(b) “council” means the Mayor and Councillors of the Municipality;
(c) “councillor” means a member of the Council other than the Mayor;
(d) “license” shall apply to both a peddler’s license and a transient trader’s license;
(e) “member” means any person elected to the Council;
(f) “municipality” means the Town of Grand Bay-Westfield;
(g) “peddler” means any person who peddles or hawks or carries from place to place for the purpose of peddling or hawking, goods or merchandise;
(h) “peddler’s license” means a peddler’s license and any renewal thereof issued pursuant to this by-law that has not expired or been revoked;
(i) “permanent building” means an enclosed or partially enclosed structure on a permanent foundation;
(j) “person” includes a corporation, partnership, association, club, or firm;
(k) “temporary business” means the sale of goods, merchandise, or services sold by a business being operated in the Municipality for less than six weeks, or the sale of goods, merchandise, or services operating out of a vehicle, truck, trailer, or other than a permanent building;
(l) “Town Manager” means the Town Manager of the Municipality;
(m) “transient trader” means a person who carries on a temporary business;
(n) “transient trader’s license” means a transient trader’s license and any renewal thereof issued pursuant to this by-law that has not expired or been revoked.
3(1). No person shall within, or partly within, the Municipality, peddle or hawk or carry from place to place for peddling or hawking any goods or merchandise unless he/she has been issued a peddler’s license therefor by the Town Manager.
3(2). A peddler’s license is valid only for peddling or hawking or from carrying from place to place for peddling or hawking the class or type of goods and merchandise expressly described or referred to on the face of the peddler’s license.
3(3). This by-law does not apply to:
(a) persons employed by a temperance, benevolent or religious society in the Province of New Brunswick to peddle or sell temperance tracts or other moral or religious publications under the direction of such society to the exclusion of other goods and merchandise;
(b) resident merchants operating an establishment fronting in the proper zoned area having sidewalk display sales not interfering with pedestrian or vehicular traffic;
(c) municipally based service clubs, boy scouts, girl guides, and other like non-profit organizations.
3(4). A peddler’s license shall expire on the 31st day of December in the year in which it is issu
TRANSIENT TRADER’S LICENSE
4(1). No person shall operate a temporary business within the Municipality unless he/she has been issued a transient trader’s license by the Town Manager.
4(2). Subject to subsection 4(3), the issuance of a transient trader’s license allows a temporary business to operate at one location within the Municipality for a maximum of 6 weeks.
4(3). At the Town Manager’s direction, the issuance of a transient trader’s license may allow a temporary business to operate at one location within the municipality for a maximum of 6 months.
5(1). An application form provided by the Municipality for a license shall be sworn by the peddler or transient trader and submitted to the Town Manager at least 24 hours before the license shall become effective.
5(2). The application referred to in Section 5(a) shall contain the following information:
(a) the name and address or headquarters of the person applying for the license;
(b) if the applicant is not an individual, the names and addresses of the applicant’s principal officers and managers;
(c) the name and address of the person or persons who will be in direct charge of conducting the temporary business or peddling or hawking;
(d) the time within which the temporary business or peddling or hawking will be operated and the location of the business or peddling or hawking in the Municipality
(e) where the application is for a transient trader’s license, the party’s signature on whose property the temporary business shall be located.
5(3). The Town Manager shall examine such application filed under this by-law for a license and shall make, or cause to be made, such further investigation of the application and the applicant as the Town Manager shall deem necessary and the license shall not be issued unless the Town Manager determines to his/her satisfaction the following facts:
(a) the statements made in the application are true;
(b) the applicant has not engaged in any fraudulent transaction or enterprise; and
(c) nothing in the proposal shall violate any provision of the Zoning By-law or Municipal Plan By-law of the Town or any other law or by-law; or subject to an appeal by the applicant to Council per subsection 5(7);
the Town Manager has been instructed by Council to issue or to cause to be issued such license to the peddler or transient trader.
5(4). Upon being satisfied concerning the facts required in subsection 5(2) and 5(3), the Town Manager shall issue such license to the peddler or transient trader upon payment by that peddler or transient trader of a fee as set out in the Fee By-law.
5(5). Any license issued under this by-law shall be nontransferable.
5(6). The Council may require additional information from the applicant from time to time as it deems necessary.
5(7). Any applicant who has been refused by the Town Manager will have the right of appeal to Council.
6. A license may be renewed and the provisions of subsections 5(1), 5(2), and 5(3) with necessary changes apply to such a renewal.
7(1). A person carrying on a temporary business or peddling or hawking within the Municipality on the day this by-law comes into effect shall submit an application for a license to the Town Manager not later than 10 days after such day.
7(2). No person carrying on a temporary business or peddling or hawking within the Municipality on the day this by-law comes into effect shall be prosecuted for a violation of section 3 or 4 until:
(a) he/she fails to submit his/her application for a license to the Town Manager in accordance with subsection 7(1); or
(b) he/she submits his/her application for a license to the Town Manager in accordance with subsection 7(1) and that application is rejected by the Town Manager and the appeal to Council is denied.
7(3). A person who violates any provision of this By-law is guilty of an offence and, on summary conviction, is liable to a fine as set out in the Fee By-law.
7(4). Where, in the opinion of the Town Manager, a peddler or transient trader has violated this by-law or any provision of this by-law, the Town Manager shall, upon direction of the Council, in addition to any other remedy or penalty prescribed herein, by notice served upon the peddler or transient trader, revoke the license issued to that peddler or transient trader.
7(5). The notice referred to in subsection 7(4) shall be sufficiently served upon the peddler or transient trader if it is delivered personally to the peddler or transient trader or if it is mailed prepaid registered postage to the last known residence or place of business of the peddler or transient trader.
7(6). Service of the Notice referred to in subsection 7(4) by registered post shall be deemed to have been effected 5 days after the Notice was deposited in the mail.
8. This by-law comes into effect on the date of filing in the Registry Office.
9. By-law No. 126 a By-law Regulating and Licensing Peddlers and Transient Traders in the Village of Grand Bay is hereby repealed.
FIRST READING BY TITLE on this 9th day of February , 1998.
SECOND READING BY TITLE on this 9th day of February , 1998.
THIRD READING AND ENACTMENT on this 23rd day of February , 1998.
Sandra Gautreau – Manager (Clerk)
Grace Losier – Mayor