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BYLAW - Aurora Farmers Market and Artisans Fair - 20100622 - 525210THE CORPORATION OF THE TOWN OF AURORA By-law Number 5252-10 BEING A BY-LAW to provide for establishing, maintaining, operating and regulating the Aurora Farmers Market and Artisans Fair. WHEREAS section 113 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality may (a) establish, maintain and operate a farmers market, a flea market and other similar types of markets; and (b) regulate a farmers market, a flea market and other similar types of markets of any person including regulating the hours of operation of a market; AND WHEREAS a farmers market provides a marketing opportunity to local farmers, growers, 'producers, artists and crafts people to increase consumption of local products and to benefit the local economy; NOW THEREFORE the Council of The Corporation of the Town of Aurora hereby deems it necessary and expedient to enact as follows: 1.0 Definitions 1.1 "AFM Committee" means the Aurora Farmers Market and Artisan Fair Executive Committee; 1.2 "Certificate of Approval' means a certificate issued by the AFM Committee stating the permit applicant is an eligible vendor, having met all membership requirements of the Market; 1.3 "Director" means the Director of the Building and By-law Services Department or her or his designate; 1.4 "Market" means the Aurora Farmers Market and Artisans Fair; 1.5 'Permit' means a permit issued by the The Corporation of the Town of Aurora to a Vendor for a Stall; 1.6 "Stall' means the rental of a Full Season Double, Full Season Single, Special Events and/or Single Day Stall for which a permit has been issued by the Town; 1.7 'Town" means The Corporation of the Town of Aurora; 1.8 "Vendor" means a Vendor at the Aurora Farmers Market and Artisans Fair. 2.0 Location The Market shall be located on Wells Street between Mosley , Street and Metcalfe Street and in Town Park. 3.0 Market Days and Hours of Operation The Market shall be held on Saturdays, subject to the following: (a) the Market shall operate from 8:00 a.m. to 1:00 p.m.; (b) the Market shall commence operation in the month of May of each year, on a date to be determined by the AFM Committee; and By-law 5252-10 Aurora Farmers Market and Artisans Fair By-law Paqe 2 of 4 (c) the Market shall cease operations in the month of October of each year, on a date to be determined by the AFM Committee. 4.0 Permit Requirement 4.1 No person shall offer for sale any produce, food items, products, goods or wares without first obtaining a Permit from the Town as set out in paragraph 5.0 of this By-law. 4.2 The Director, in her/his sole discretion, reserves the right to refuse the issuance or renewal of a Permit on behalf of the Town. 5.0 Administration and Permits (a) Every Vendor shall complete a Permit application as provided by the Town and shall pay the applicable fee set by the Town, which fee shall be set out in Schedule "A" of this By-law; (b) Every Vendor shall supply a current year Certificate of Approval from the AFM Committee with their Permit application; (c) Permits shall be obtained by every Vendor each year prior to operating a Stall at the Market; (d) Permits are not transferable; (e) Vendors shall be provided space based on the terms of their Permit; (f) The Market shall provide the Town with a Certificate of Insurance indicating comprehensive general liability insurance in an amount of no less than Five Million Dollars ($5,000,000.00). Such insurance shall be in effect for the duration of the Market season as set out in paragraph 3.0 and shall name the Town as an additional insured party; (g) The AFM Committee shall maintain a membership with Farmers Markets Ontario and comply with all terms and conditions of that Membership; and (h) The AFM Committee shall provide the Town with proof of its membership with Farmers Markets Ontario on an annual basis. 6.0 Market Sales 6.1 No Vendor shall sell, offer for sale or expose for sale any produce, food items, products, goods or wares at the Market except the following: (a) agricultural and horticultural products; (b) handicrafts and crafts; (c) home -baked goods; (d) meat or cheese products; (e) eggs; and (f) prepared food and/or refreshments 6.2 No Vendor shall sell items unless the Vendor produces, makes or grows 70% or more of the produce, food items, products, goods or wares offered for sale. 6.3 Section 6.2 of this By-law shall not apply to Vendors who solely sell, offer for sale or expose for sale any prepared food and/or refreshments under section 6.1 (f) of this By-law. 6.4 No Vendor shall offer for sale any live animal, including any live dogs, cats, birds, fish or reptiles at the Market. 7.0 Vendor Responsibilities 7.1 Vendors shall comply with the applicable provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and the applicable regulations made under that Act. By-law 5252-10 Aurora Farmers Market and Artisans Fair By-law Paqe 3 of 4 7.2 Vendors shall keep their Stall in a clean and orderly state and shall leave it clean and free of litter. 7.3 No Vendor shall operate an independently motorized vehicle in the Market during such times as the Market is open. 8.0 Offence Any person who contravenes any section of this By-law shall be guilty of an offence and on conviction is liable to a penalty as prescribed for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 9.0 Seuerability and Conflict If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperable in whole or in part, or inoperative in particular circumstances, the balance of this By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 10.0 ShortTitle This short title of this By-law is the Aurora Farmers Market and Artisans Fair By-law. 11.0. Repeal By-law 5125-09.is hereby repealed. READ A FIRST AND SECOND TIME THIS 22TH DAY OF JUNE, 2010. READ A THIRD TIME AND FINALLY PASSED THIS 22TH DAY OF JUNE, 2010. PHYLLIS M. MORRIS, MAYOR JOHN D.LM.#CH, TOWN CLERK Appowdes to fww La lSeroicu sr�_W c i O 6 is io By-law 5252-10 Aurora Farmers Market and Artisans Fair By-law Page 4 of 4 Schedule "A" Fees Stall Permit $75.00 per season or part thereof Special Events Permit $75.00 per season or part thereof Single Day Permit $35.00 per day or part thereof