December 7, 2004

PUBLIC CONSULTATION – REQUEST FOR COMMENTS

Community and Protective Services (CPS) will be recommending the harmonization of regulations and new license fees related to the following vending activities in a report to be presented to the Emergency and Protective Services Committee in early 2005, and is seeking comments from stakeholders.

1.         Street Vending on Highways       

2.         Designated Spaces Programme    

3.         Licensing Regulations               

3 (a)     Itinerant Sellers          (Sales of goods, flowers or produce from place to place.)  

3 (b)     Refreshment Vehicles (Carts, Chip Wagons, Ice Cream, Mobile Canteens, etc.) 

3 (c)      Exhibitions                  (Retail, Festivals, Hobby, Flea Markets, Tent Sales, etc.)

3 (d)     Transient Traders

The primary purpose of the report and related recommendations is to simplify and reduce the number of regulations currently in place, and to create more equitable city-wide regulations. 

In preparation, a review of the various regulations currently in effect was completed and recommendations aimed at harmonizing those regulations have been drafted. For the most part the proposed regulations reflect the intent of regulations in effect in some of the former municipalities.  Adoption of regulations in previously unregulated areas may affect vendors in those areas. 

The proposed harmonized license categories and fees may impact licensees in varying degrees.  The summarized proposals are only preliminary and are meant as a starting point for discussion.      

Please take the time to review the following proposed options that are being considered with respect to the various by-laws:

1.  Enactment of a “Street Vendors on Highways By-law” to:

a)        prohibit vending on all highways (e.g. streets, sidewalks, boulevards) with noted  exceptions, (e.g. designated spaces, authorized Special Events, permitted streets);

b)       regulate vending on street and sidewalks when vending is allowed; and

c)        allow for the removal and disposal of property placed on a highway contrary to the by-law.

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Note:  A Street Vendors on Highways By-law (and other regulatory changes) will likely impact licensing categories that currently permit vending on streets and sidewalks.

2.  Changes to the “Designated Space Programme By-law” currently in effect within the boundaries of the former City of Ottawa are proposed to incorporate the vehicle and equipment standards, and other conditions already in effect in licensing by-laws. 

Other options related to Designated Spaces include:

a)      Creation of a City-wide Designated Space Programme and removal zone.

b)      Maintaining the existing Programme (within the Old City of Ottawa) and allowing vending on a few selected streets outside the boundaries of the Old City of Ottawa.

c)      Prohibiting vending from streets and sidewalks except from a few designated srteets or sidewalks or parts thereof. 

d)      Prohibiting vending from all streets and sidewalks.

Note:  Adoption of a new city-wide designated space programme will likely require that the existing programme be replaced in its entirety and may result in the elimination of existing designated spaces and grand-fathering privileges.  

3.   Amendments to the “Licensing By-law” to establish harmonized regulations for the licensing and regulating of Itinerant Sellers, Refreshment Vehicles and Exhibitions.  Typically the proposed regulations will reflect the intent of regulations already in place and closely reflects regulations found in the regulations of former Ottawa’s Licensing By-law L6-2000.

In summary it is proposed that the regulations will:

a)      require a business license for those who vend from a refreshment vehicle or cart; sell goods, flowers or produce from place-to-place and at a particular place; promote or organize an exhibition where goods or food are sold or displayed for sale;

b)      establish locations where, and times when the vending activity can occur;

c)      regulate equipment and vehicle standards for safety and suitability;

d)      require insurance coverage of $2,000,000 related to vending activities from vehicles or buildings;

e)      provide for the waiving of license fees for certain charitable, not-for-profit organizations, and arts and crafts sales while maintaining the license requirement and processing fee;

f)        require that the licensee maintain the vending area in a safe and clean condition;

g)      establish harmonized license fees that do not exceed the cost of administration and enforcement of the licensing category;

h)      establish May 14 as the expiry date for annual license;

i)        exempt specified fairs, festivals and farmers’ markets from the licensing regulation.

Please provide your comments or input before December 31, 2004, in writing to:

By-law Services, 110 Laurier Ave. West, Ottawa ON  K1P 1J1

Fax: (613) 580-2843  or   E-mail at   jules.bouvier@ottawa.ca

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Comments received before December 31, 2004, will be considered in the drafting of the final recommendations. You are encouraged to provide a telephone number along with your comments so that staff may contact you as required.

If there is a demand staff may hold a meeting with stakeholders in January 2005, to discuss the final proposed recommendations. Please indicate along with your comments whether or not you would like to attend such a meeting. 

Stakeholders who have provided written comments (with a return address) will be notified in writing of the time and location of the Emergency and Protective Services Committee meeting at which the report and recommendations will be considered.  A similar notice will be published in The Citizen, Le Droit and The Sun at least fourteen days before the meeting.

The Emergency and Protective Services Committee meeting affords interested parties a final opportunity to provide input, objections or support related to the recommendations. The recommendations may be modified at Committee without further notification.

Should you have any questions please contact Jules Bouvier at (613) 580-2424 ext. 25616.

Susan Jones
Director of By-law Services
Community and Protective Services

NOTICE TO LICENSEES

ANNUAL LICENCES ISSUED IN 2004 THAT HAVE AN EXPIRY DATE OF DECEMBER 31, 2004,  WILL EXPIRE ON MAY 14, 2005.

IT IS EXPECTED THAT THE NEW REGULATIONS WILL BE IN PLACE BY MAY 15, 2005, IN TIME FOR THE UPCOMING RENEWAL PERIOD.

AS A COURTESY, A ‘ REMINDER ’ WILL BE FORWARDED TO ALL LICENSEES SEVERAL WEEKS BEFORE THE NEW RENEWAL DATE.