Businesses want 'fair' peddler bylaw

SaultStar.com
April 9, 2018
Elaine Della-Mattia,

Joseph Greco said his clients are not concerned about the competition that often sees a Vaughan-based mobile business sell meat, cheese and seafood from the back of a truck in different residential areas of the city.

Instead, he argued, the proposed bylaw should ensure that mobile grocers are subject to the same provisions of stationary stores, he told city council.

Greco and city solicitor Nuala Kenny met Monday, prior to the start of council, and agreed that there could be some changes to the draft bylaw that would better address fairness issues.

As a result, city council passed a resolution asking that Greco's letter – which summarizes his concerns and makes several recommendations – be forwarded to the city's legal department and the bylaw passing be deferred.

Greco said the bylaw uses the term “food vendor” which does not adequately describe a “mobile grocer”. A food vendor often refers to the sale of prepared or hot food from a mobile trailer. A mobile grocer is defined as a vehicle from which unprepared, raw or perishable food is sold for home preparation or consumption.

He suggested the mobile grocer term be added to the bylaw and it applicable clauses.

In addition, he recommends that mobile grocers be subject to the same licensing provisions, inspections and permits required by permanent vendors who operate from Sault Ste. Marie.

“My clients pay taxes, they hire employees and are subject to random inspections and pay for licences and permits to operate,” Greco said.

On the other hand, mobile grocers don't pay property taxes, do not hire local employees and are not subject to inspections because they are currently on the move, he said.

City solicitor Nuala Kenny said the meeting with Greco was effective and changes can be made to the proposed bylaw. It's expected that it will be presented to council in one month's time.

In the meantime, area residents can report mobile grocers to either city police or the city's building division's bylaw officer in the interim and if that vendor is operating without proper permits, charges can be laid.

Ward 1 Coun. Steve Butland said he understands that the mobile vendor is quite successful and if residents make purchases through that vendor, local businesses are suffering.

“Awareness is important. We are hurting people, businesses, who are here all the time and for a long time,” he told council.

Mayor Christian Provenzano said he believes it is important to protect local businesses and agrees a level playing field is important.

“I ask residents to consider not hosting the vendor,” he said.

Last summer city council requested that the legal department review the existing peddler bylaw and licensing procedure and report back on possible ways to strengthen it.

The bylaw will deal with nine specific issues identified in the original resolution, including specifying a particular location of the vendor and ensuring it is not in a residential area, establishing time limits for a licence and ensuring compliance.

City council was told in a report that in 2017 the city issued five peddler licences and eight food vendor licences. Of those, two can no longer be licenced as a result of new provincial legislation.

The provincial legislation, called Putting Consumers First Act, prohibits certain products and services from being offered or sold at a person's home unless the homeowner initiates the transaction for a number of services and products.