TOWN COUNCIL (HAWKING AND STREET-VENDING) REGULATIONS. (section 9) (26th April, 2002)

Similar documents
These Bye-Laws may be cited as the Central District Council (Hawking and Street Vending) Bye-Laws.

CHAPTER 38:04 - FISH PROTECTION: SUBSIDIARY LEGISLATION INDEX TO SUBSIDIARY LEGISLATION FISH PROTECTION REGULATIONS. (section 3) (23rd May, 2008)

CHAPTER 47:02 EMPLOYMENT OF NON-CITIZENS ARRANGEMENT OF SECTIONS

THE REGISTRATION AND IDENTIFICATION OF PERSONS ACT, 1986 ARRANGEMENT OF SECTIONS Section PART II

CHAPTER 02:09 ELECTORAL

CHAPTER 02:10 REFERENDUM ARRANGEMENT OF SECTIONS

Second Hand Goods Act 23 of 1998 section 18

ARRANGEMENT OF SECTIONS. PART I Preliminary

REGISTRATION OF PERSONS ACT

STATUTORY INSTRUMENT NO. 38 OF The Electoral Act, 2006 (Act No. 12 of 2006) The Electoral (Registration of Voters) Regulations, 2010

BUSINESSES ACT NO. 71 OF 1991

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

LAWS OF MALAYSIA ACT 500 DIRECT SALES ACT ARRANGEMENT OF SECTIONS

CHAPTER 61:07 REAL ESTATE PROFESSIONALS

Clean Neighbourhoods and Environment Act (Northern-Ireland) 2011

SOCIETIES ACT CHAPTER 108 LAWS OF KENYA

ARRANGEMENT OF SECTIONS

BERMUDA WATER RESOURCES ACT : 53

Namibia Refugees (Recognition and Control) Act 2 of 1999 section 31

THE PASSPORTS ACT, 1967 ARRANGEMENT OF SECTIONS

National Agricultural Marketing and Development Corporation Chap. 63:05 21 SUBSIDIARY LEGISLATION

CHAPTER 565 SUBURBAN DAIRIES AND LAUNDRIES

TRADING IN PROHIBITED GOODS ACT

ACT NO LESOTHO PASSPORTS AND TRAVEL DOCUMENTS ACT, 1998 An Act to provide for the issuance and revocation of Passports and Travel Documents

LAND (GROUP REPRESENTATIVES) ACT

CONTROL OF HOUSING AND WORK (JERSEY) LAW 2012

NATIONAL IDENTITY CARD ACT NATIONAL IDENTITY CARD ACT. Revised Laws of Mauritius. Act 60 of April 1986

Chapter : 1 - PRELIMINARY. (1) This Act may be called the Foreign Trade (Development and Regulation) Act, 1992.

MARITIME TRANSPORT ACT 2006 (ACT NO 5 OF 2006) REGULATIONS. Made under Sections 157 and 158

THE KARNATAKA MARINE FISHING (REGULATION) ACT, 1986

MOTOR VEHICLE COMPONENTS AND ACCESSORIES ACT

Statutory Instrument 159 of [CAP. 24:20. Harare (Vendors) By-laws, 2014 ARRANGEMENT OF SECTIONS

THE PUBLIC HEALTH (TEA ROOMS, RESTAURANTS, BOARDING-HOUSES AND HOTELS) REGULATIONS [ARRANGEMENT OF REGULATIONS]

DEPARTMENT OF TRANSPORT 16 July 2008

EXPLOSIVES (JERSEY) LAW 1970

PUBLIC HEALTH OFFICERS (TRAINING, REGISTRATION AND LICENSING) ACT

LICENCE. Chapter 329 ADULT LIVE ENTERTAINMENT PARLOUR

THE STATUTES OF THE REPUBLIC OF SINGAPORE ENERGY CONSERVATION ACT (CHAPTER 92C)

CHAPTER 66:04 DIAMOND CUTTING ARRANGEMENT OF SECTIONS PART I Preliminary

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS

The Litter Control Act

LAND (GROUP REPRESENTATIVES)ACT

ANALYSIS. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

THE REPRESENTATION OF THE PEOPLE ACT 1958

Road Transport Act 1981

Arrangement of Sections.

The Nakuru County Child Care Facilities Bill, 2014 THE NAKURU COUNTY CHILD CARE FACILITIES BILL, 2014 ARRANGEMENT OF CLAUSES PART I PRELIMINARY

CHAPTER 299 FILMS

THE CORPORATION OF THE CITY OF MISSISSAUGA OUTSIDE FIREWORKS VENDORS LICENSING BY-LAW

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

AGED PERSONS ACT 81 OF 1967

The Trade Organisations Ordinance, 1961 (ORDINANCE NO. XLV OF 1961) [2 nd December, 1961]

JAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 24 TRIBAL LIQUOR CONTROL

BELIZE ANTIBIOTICS ACT CHAPTER 33 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

No. of 2001 Dogs (Licensing and Control) Bill, 2001 Saint Christopher and Nevis SAINT CHRISTOPHER AND NEVIS. No. of 2001

R.293/1968 (RSA GG 1771) ), (RSA GG

EMPLOYMENT OF FOREIGN MANPOWER ACT (CHAPTER 91A)

Second Hand Goods Act 23 of 1998 (GG 1955) brought into force on 1 November 1999 by GN 211/1999 (GG 2209) ACT

Licence Chapter 593 Newspaper - Magazine Stand

S.I. No. 199/1996: TRADE MARKS RULES, 1996 ARRANGEMENT OF RULES. Preliminary

Trading Enterprises Order, Oder No. 11 of 1993

CHAPTER 18:01 SOCIETIES

CHAPTER 327 THE UGANDA NATIONAL BUREAU OF STANDARDS ACT. Arrangement of Sections. Interpretation. Establishment and functions of the bureau.

BELIZE HOTELS AND TOURIST ACCOMMODATION ACT CHAPTER 285 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003

BERMUDA BANKS AND DEPOSIT COMPANIES ACT : 40

CHAPTER 33:04 SECTIONAL TITLES ARRANGEMENT OF SECTIONS

BUSINESS NAMES ACT. Act No. 11,1962.

Employment of Foreign Manpower Act (CHAPTER 91A) Long Title. THE SCHEDULE Personal Identifiers. Legislative History. 1 of 20 07/06/ :38

Attachment 1 Chapter 740, Street Vending

Number 29 of 2000 ILLEGAL IMMIGRANTS (TRAFFICKING) ACT, 2000 ARRANGEMENT OF SECTIONS. Section 1. Interpretation. 2. Trafficking in illegal immigrants.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

Second Session Eleventh Parliament Republic of Trinidad and Tobago. REPUBLIC OF TRINIDAD AND TOBAGO Act No. 9 of 2017

ACT. No Sierra Leone. Supplement to the Sierra Leone Gazette Vol. CXXXVIII, No. 23 dated 17th May, SIGNED this 11th day of May, 2007

BERMUDA VENDING ACT : 27

Chapter 20:27 Environment Management Act (Environmental Impact Assessment & Ecosystems Protection) Regulations, 2007

The Sales on Consignment Act

BELIZE ELECTRICITY ACT CHAPTER 221 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. WINDHOEK- 17 September 1998 CONTENTS

BELIZE CIVIL AVIATION ACT CHAPTER 239 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

Close Corporations Act 26 of 1988 section 10 read with section 12(3) of the Interpretation of Laws Proclamation 37 of 1920

BODY ARMOUR CONTROL ACT

DIAMONDS ACT 56 OF 1986 [ASSENTED TO 11 JUNE 1986] [DATE OF COMMENCEMENT: 1 OCTOBER 1986]

THE TEA ACT, 1997 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS

CHAPTER 33:04 SECTIONAL TITLES

ACT NO. 11 OF 2002 I ASSENT { AMANI ABEID KARUME } PRESIDENT OF ZANZIBAR AND CHAIRMAN OF THE REVOLUTIONARY COUNCIL

The Tamil Nadu Registration of Marriages Act, 2009

THE IMMIGRATION ACT, 1972 TABLE OF CONTENTS PART I PRELIMINARY PART II

The Electrical Licensing Act

SUMMARY PROCEEDINGS ACT

METHYLATED SPIRITS ACT

THE TEA ACT, 1997 ARRANGEMENT OF SECTIONS. PART I PRELIMINARY PROVISIONS Section Title 1. Short title and commencement. 2. Interpretation.

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, (No. 30 of 1979)

THE ORISSA LEGAL METROLOGY (ENFORCEMENT) RULES, 2010

Number 44 of 2004 ROAD TRAFFIC ACT 2004 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General

GEOTHERMAL RESOURCES ACT

CHAPTER 28:04 VALUATION FOR RATING PURPOSES ACT ARRANGEMENT OF SECTIONS PART I PART II

THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) BILL, 2013

LAND AGENTS LICENSING ACT

592 Quantity Surveyors 1968, No. 53

The Ground Water Conservation Act

Transcription:

REGULATION TOWN COUNCIL (HAWKING AND STREET-VENDING) REGULATIONS (section 9) (26th April, 2002) ARRANGEMENT OF REGULATIONS 1. Citation 2. Interpretation 3. Prohibition of hawking or street-vending without certificate 4. Application for certificate 5. Period of certificate 6. Renewal of certificate 7. Register of hawkers and street-vendors 8. Issue of duplicate certificate 9. Certificate not transferable 10. Modification, suspension or cancellation of certificate 11. Duties of hawkers and street-vendors 12. Prohibited forms of hawking 13. Prohibited forms of street-vending 14. Appeals 15. Certificate to be produced for inspection 16. Penalties for offences

Schedule S.I. 27, 2002. 1. Citation These Regulations may be cited as the Town Council (Hawking and Street-Vending) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires- "authorised official" means the Town Clerk or City Clerk or any employee of the Council duly authorised as such, in writing, by the Council; "certificate" means a hawker's certificate of registration or a street-vendor's certificate of registration, issued under regulation 4; "Council" means a city or a town council established under the Town Council Regulations; "council area" means the area under the jurisdiction of the Council; "hawker" means a person, being otherwise unemployed, who carries on the business of selling his goods from place to place within Botswana, which business has an average monthly turnover of no more than P500 per month; "Police Force" means the Botswana Police Force or the Local Police Force; "register" means any register which a Council is required to keep under regulation 7; "Registrar" means a Town Clerk or City Clerk or any employee of the Council duly authorised as such, in writing, by the Council; and "street-vendor" means a person, being otherwise unemployed, who carries on the business of selling goods from a pitch at which he stations himself, either in a convenient public place or upon land which he has no right to control, which business has an average monthly turnover of no more than P500 per month. 3. Prohibition of hawking or street-vending without certificate (1) No person shall carry on the business of a hawker or street-vendor within the council area unless such person- is a citizen of Botswana; has attained the age of 16 years; and is the holder of a valid certificate issued in terms of these Regulations. (2) Notwithstanding the provisions of subregulation (1) any person who is not required to obtain a licence to carry on any business in terms of section 32(3) of the Trade Act may carry on the business of a hawker or street-vendor and shall not be required to obtain a certificate.

(3) Any person who contravenes the provisions of subregulation (1), as read with subregulation (2), shall be guilty of an offence under these Regulations. 4. Application for certificate (1) Any person wishing to carry on the business of a hawker or street-vendor shall make an application as set out in Form A of the Schedule, to the Registrar, supplying such information as the Registrar may require and, in particular, specifying the- class of goods to be traded; and area in which he wishes to trade. (2) The application shall be accompanied by- two photographs, approximately five by four centimetres in size, clearly depicting the face and shoulders of the applicant; and a copy of the applicant's identity card (in these Regulations referred to as an "Omang") issued in accordance with the provisions of the National Registration Act. (3) The Registrar may refuse to issue a certificate to any person- if he is satisfied that the issue of such certificate would be contrary to the public interest; in respect of a particular class of goods, if he is satisfied that the carrying on of business in respect of that class of goods would be contrary to the public interest; or in respect of a particular area or areas, if he is satisfied that the carrying on of business in such area or areas would be contrary to the public interest. (4) The Registrar may, if he is satisfied that the requirements of these Regulations have been met, issue a hawker's or street-vendor's certificate as set out in Forms B and C of the Schedule respectively, subject to such conditions as he considers necessary or expedient having regard to the provisions of these Regulations. 5. Period of certificate A certificate issued under regulation 4(4) shall, subject to the provisions of these Regulations, be valid for a period of two years and, unless renewed under regulation 6, shall expire immediately after a period of two years from the date of issue thereof has elapsed. 6. Renewal of certificate (1) A certificate may, upon its expiry, be renewed by application made to the Registrar as set out in Form D, for a period of two years and thereafter for further periods of two years. (2) An application for renewal in terms of subregulation (1), shall be made- no later than one month before the expiry of that certificate; or no later than one month before the expiry of any of the subsequent periods for which the certificate has been renewed in terms of subregulation (1).

(3) Subject to the provisions of subregulation (5), the Registrar shall, on application made in terms of subregulations (1) and (2), endorse such renewal on the certificate and may attach such conditions to the renewal thereof as he may determine. (4) Any certificate which is not renewed pursuant to an application made in accordance with subregulations (1) and (2) shall expire and may be renewed only by applying for a new certificate. (5) The Registrar may refuse to renew a certificate if he is satisfied that- the conditions of the certificate have not been complied with; the conditions of these Regulations have not been complied with; or it is in the public interest not to renew such licence. 7. Register of hawkers and street-vendors (1) The Registrar shall keep a register of all registered hawkers and a register of all registered street-vendors. (2) The Registrar shall cause to be entered in such registers the following particulars in respect of each registered hawker or street-vendor- (d) (e) (f) his full name; his registration certificate number; the date of registration; the types of goods allowed to be sold (as contained in the certificate); the area in which such goods may be sold (as contained in the certificate); and any other particulars which the Registrar may consider necessary. 8. Issue of duplicate certificate (1) The Registrar, on being satisfied that a certificate issued in terms of these Regulations has been lost or destroyed, shall issue a duplicate certificate to that person. (2) Where a certificate which has been lost and replaced is recovered, the duplicate certificate shall be returned forthwith to the Registrar. 9. Certificate not transferable (1) A certificate issued under these Regulations shall not be hired, ceded, transferred or in any way whatsoever made over to any other person. (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations. 10. Modification, suspension or cancellation of certificate (1) The Registrar may modify, suspend or cancel a certificate if the conditions of the certificate have not been complied with or if the continuing use of the certificate constitutes a

danger to public health. (2) The Registrar may, at any time, withdraw or cancel a certificate issued under these Regulations if- the holder thereof purports to hire, cede, transfer or in any way whatsoever make over the certificate to any other person; the holder thereof is subsequently convicted of an offence under these Regulations; or in his opinion, it is in the interest of the public to do so: Provided that the Registrar shall, where practicable, allow the certificate holder such time as he may consider necessary to enable the holder of the certificate to dispose of his existing stock. 11. Duties of hawkers and street-vendors (1) Every hawker or street-vendor shall- (d) (e) at all times keep in a clean and sanitary condition all receptacles, instruments and other articles used in the conduct of his trade; pick and remove any litter or refuse which, in or through the conduct of his trade, has been deposited, dropped or has fallen on any public place or private property; at all times keep his or her person clean while engaged in the conduct of his trade; provide a separate storage compartment for the goods to be traded; and if directly or indirectly obstructing traffic in any public place or obstructing the use of any public place, or causing a nuisance or danger to persons in the vicinity by means of himself, his vehicles or his goods, at the request of any member of the Police Force or authorised officer, remove himself, his vehicles or his goods, as the case may be, to such other place, as may reasonably be required, in order to discontinue such obstruction or danger or to abate such nuisance. (2) No hawker or street-vendor shall- agree, undertake or purport to hire, cede, transfer or in any way whatsoever make over his certificate to any other person; trade in goods other than those specified in his certificate; or trade in areas other than those allowed by his certificate. (3) Any person who contravenes the provisions of subregulations (1) or (2) shall be guilty of an offence under these Regulations. 12. Prohibited forms of hawking (1) No hawker shall- trade on any private property without the consent of the owner, lessee, manager or

occupier of the said property; erect or expose goods for sale in any tent, booth, stall, stand or similar structure; or hawk except between the hours of 7 a.m. and 7 p.m. (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations. 13. Prohibited forms of street-vending (1) No street-vendor shall- (d) in any area erect or expose goods for sale in any tent, booth, stall, stand or similar structure, unless approved by the Council to use, in such area, such tent, booth, stall, stand or similar structure and the Registrar has endorsed such permission on the certificate; refuse, at the request of a member of the Police Force or an authorised official, to move his goods, receptacles and any other objects associated with his trade, so as to permit the Council' sanitary staff to clear any area in which he is conducting his business; when departing from the pitch at which he has been carrying on trade, leave behind goods, receptacles or other objects associated with his trade or leave such pitch in an unclean state; carry on business except in between the hours of 6 a.m. and 10 p.m. (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations. 14. Appeals Any person aggrieved by the decision of the Registrar, made under these Regulations, may appeal, in writing, to the Minister. 15. Certificate to be produced for inspection (1) Every holder of a certificate issued under these Regulations shall, on demand by any authorised official or any member of the Police Force, immediately thereon produce it for inspection or otherwise shall, within 48 hours of such demand, produce it for inspection at the office of such authorised official or at the station of such member of the Police Force, as the case may be. (2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations. 16. Penalties for offences (1) Any person who is guilty of an offence under these Regulations shall be liable, on conviction for a first offence, to a fine not exceeding P100 or to imprisonment for a term not exceeding two months, or to both, and for a second and subsequent conviction, to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

(2) Any person who is convicted of any offence under these Regulations may, in addition to any penalty to which he may be liable to- have his certificate cancelled with effect from such date as the court considers necessary taking into account the time needed to enable him to dispose of his existing stock; or have his goods impounded or confiscated. SCHEDULE Form A APPLICATION FOR A HAWKER'S OR STREET-VENDORS CERTIFICATE (regulation 4) (This form is to be completed in block letters. Attach two passport size photographs, approximately 5 cm x 4 cm and a copy of your Omtang.) Full name of applicant... (Surname first) Postal address.. Identity No.... *(4) I wish to apply for a hawker's/street-vendor's certificate as follows: (1) Areas to be covered- (2) Trading in the following classes of goods- Date...... Signature of applicant FOR OFFICIAL USE ONLY Date on which application was received... *(5) Date of approval/rejection of application... Registrar Form B

HAWKER'S CERTIFICATE (regulation 4) Photograph of holder Registration number... Surname... Other names... Identity number.. Place of birth... Sex... Postal address.. Physical address... District... The holder of this certificate is entitled to hawk in the following areas/places- and to trade in the following classes of goods- subject to the following conditions- Date of issue. Office of issue... OFFICIAL STAMP. Signature or thumb-print of holder

RENEWALS Date:... Conditions:... Date:... Conditions:... Date:... Conditions:... Form C STREET-VENDOR'S CERTIFICATE (regulation 4) Photograph of holder Registration number... Surname... Other names...

Identity number.. Place of birth... Sex... Postal address.. Physical address... District... The holder of this certificate is entitled to vend in the following areas/places- and to trade in the following classes of goods- subject to the following conditions- Date of issue. Office of issue... OFFICIAL STAMP. Signature or thumb-print of holder RENEWALS Date:...

Conditions:... Date:... Conditions:... Date:... Conditions:... Date:... Conditions:... Form D APPLICATION FOR RENEWAL OF A HAWKER'S OR STREET-VENDOR'S CERTIFICATE

(This form is to be completed in block letters) (regulation 4) Full name of applicant... (Surname first) Registration number... Place of residence... Postal address.. Identity No.... *(6) I wish to apply for the renewal of my hawker's/street vendor's certificate as follows: (1) Areas to be covered- (2) Trading in the following classes fo goods- Date:.... Signature of applicant FOR OFFICIAL USE ONLY Date on which application was received... *(7) Date of approval/rejection of application... (8)... Registrar