By: Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

Council for the Town of Essex deferred adopting a Transient Vendor By-Law at the June 1 meeting, allowing administration the opportunity to offer license holders the option to operate from a fixed location or move around within the municipality.

Originally, the by-law was presented for Council to consider providing the third and final reading to the By- Law.

This was the second time Council saw the file, as it was provisionally adopted at the May 19 meeting, as Council voiced several concerns about the Transient Vendor By- Law and the proposed temporary licenses. Pushing back final adoption provided time to gather public feedback, including from the Harrow & Colchester South Chamber of Commerce and the Essex Centre BIA.

The proposed By-Law, as explained previously, will include clearer regulations regarding prohibitions, appeals, enforcement, and revised set fines applying to Transient Vendors in the Town of Essex.

Taxi Cab Licenses and Transient Vendor Licenses were combined into the same By-Law, previously. Taxi Cab Licenses were previously removed from this By-Law, but the wording relating to them still existed.

In addition, a new by-law was created specifically for Transient Vendor Licenses, which suggests a $410 cost. It would be renewed annually or it would expire. Licenses would be valid from the date of issuance and expire on December 31 of each year, unless revoked, suspended, or otherwise issued for a shorter or different period of time.

The fines for not having a Transient Vendor License have been increased from $125 to $500. Previously, the fine was less than the license itself.

Since that initial meeting, Malandruccolo noted the Town did receive feedback from Councillors.

One change made since the May 19 meeting was removing the temporary license option from the By- Law. Joe Malandrucco, Director of Legal and Legislative Services, explained Council seemed to not have the appetite to accept it. It was proposed at $205, but would have been valid for one-month.

One thing he clarified was that though it is called a “Transient Vendor By-Law,” vendors need to operate from a fixed location and need to meet all health and safety and insurance requirements to operate.

Kirk Churchill, former owner of Maria’s Restaurant in Amherstburg, brought concerns to Council about the proposed By-Law. Now a food truck operator, he has taken part in many events in Essex with his family business, which would not have required a Transient Vendor’s License. One, however, would have, as it took place at a business. They received a letter from an Essex By-Law Officer that they were not in compliance with Town By- Laws in doing so. The letter, he said, noted they needed to rectify that or they would be fined the next instance.

Churchill said he responded right away, apologized, and inquired how to be able to do that.

In speaking with the By-Law Officer, Churchill discovered an issue. They signed a franchise agreement, which stipulates that they need to do 150 public events or more. They also cannot stay in one location.

Because of that, they found the by-law a little prohibitive.

“We are a mobile unit,” he said. “We try to enhance and create some excitement,” he told members of Council. He believes they do just that when they attend an event.

He would like an option where his business could move around without having to buy a license for each location. The part-time temporary license would work for them.

In clarifying Councillor Kim Verbeek’s question about whether obtaining a Transient Vendor License would prohibit a food truck from being able to participate in Special Event Resource Team (SERT) approved events on Town property, Malandruccolo noted they could attend those events, too.

In answering Councillor Jason Matyi on whether there is a way for a vendor to purchase a license and not have to pay a full license fee for other locations, Malandruccolo noted Windsor has a full-price primary license and a secondary license. After purchasing the primary license, a vendor can purchase the secondary at a reduced cost for each additional location.

Matyi wondered if that could be implemented in Essex’s by-law.

Councillor Katie McGuire-Blais asked if a food truck could operate out of a residential neighbourhood. Malandruccolo said the Town does not police ones invited out to accommodate a birthday, for instance, but are otherwise not allowed in residential areas.

Councillor Joe Garon would rather see the transient vendors move around and thinks they should pay more for each additional location. He would also like the property owners from where the transient vendor will be located to be involved in the process to ensure they are not encroaching on property.

He did have some concern with the license in that, technically, a transient vendor can park at a location and stay there for a year, operating every day. That would make it more permanent. He thinks it should include how many dates they can operate.

To date, CAO Kate Giurissevich said the Town could deny a license based on the by-law wording, if there was cause.