Kgalagadi District Council (Hawking and Street-vending) Bye-Laws (Chapter 40:01)

Copyright Government of Botswana (2) Conditions (if any) applicable: ................................................................................... ........................................................................................................................................ Date ................................................................. .......................................... Licensing Officer KGALAGADI DISTRICT COUNCIL (HAWKING AND STREET VENDING) BYE-LAWS (under sections 33 and 34) (4th December, 1998) ARRANGEMENT OF BYE-LAWS BYE-LAW 1. Citation 2. Interpretation 3. Licence required to carry on hawking or street-vending business 4. Application for licence or certificate 5. Renewal of licence or certificate 6. Procedure of Licensing Authority 7. Issue of duplicate licence or certificate 8. Licence or certificate not transferable 9. Licence or certificate to be produced for inspection 10. Modification, suspension or cancellation of licence or certificate 11. Duties of a hawker or street-vendor 12. Further duties of a hawker 13. Further duties of a street-vendor 14. Offences and penalties S.I. 90, 1998. 1. Citation These Bye-Laws may be cited as the Kgalagadi District Council (Hawking and Street-vending) Bye-Laws. 2. Interpretation In these Bye-Laws, unless the context otherwise requires "authorised official" means the Council Secretary or any employee of the Council duly authorised by the Council Secretary in writing; "certificate" means a street-vendor's certificate of registration issued under Bye-Laws 4; "council" means the Kgalagadi District Council; "council area" means the area under the jurisdiction of the Council; "hawker" means a person who carries on the business of selling goods from place to place within the prescribed council area; Copyright Government of Botswana "Licensing Authority" means the Council or any committee convened by the Council to perform its functions under these Bye-Laws; "street-vendor" means any person who carries on the business of selling goods from a pitch at which he stations himself either in a public place or upon a ground which he has no right or control. 3. Licence required to carry on hawking or street-vending business (1) No person shall carry on the business of a hawker or street-vendor within the Council area unless such person (a) is a citizen of Botswana; (b) has attained the age of 16 years; and (c) is the holder of a hawker's licence or street-vendor's certificate issued by the Licensing Authority. (2) Notwithstanding the provisions of sub-Bye-Law (1), a manufacturer or producer of perishable goods who operates on a small scale may carry on the business or a hawker or street-vendor and shall not be required to obtain a licence or certificate. (3) The Council may refuse to issue a hawker's licence or street-vendor's certificate to any person, if it is satisfied that the issue of such licence or certificate would not be in the public interest. 4. Application for licence or 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 Council, supplying such information in relation thereto as the Council may require, and in particular, specifying the (a) class of goods to be traded; and (b) area in which he wishes to operate. (2) The Council may, if it is satisfied that the requirements of these Bye-Laws are met, and on payment of a fee of P20, issued a hawker's licence or street-vendor's certificate as set out in Form B of the Schedule, valid until 31st December of the year of issue, and subject to such conditions the Council may prescribe. (3) The application shall be accompanied by two copies of a photograph, approximately five by four centimetres in size, clearly depicting the head and shoulders of the applicant. 5. Renewal of licence or certificate (1) On application made in terms of bye-law 4 (2) and upon payment of a fee of P10, the Council may endorse a renewal of the licence or certificate as set out in Form C of the Schedule, and may attach such conditions to the renewal as it may determine. (2) Notwithstanding the provisions of sub-Bye-Law (1), the Council may refuse to renew a hawker's licence or street-vendor's certificate to any person, if it is satisfied that the renewal of such licence or certificate would not be in the public interest. Copyright Government of Botswana 6. Procedure of Licensing Authority (1) Where an application for a hawker's licence or street vendor's certificate is made in terms of bye-law 4, the Licensing Authority shall, at least 14 days before the date of the meeting at which such application is to be considered, post a notice of such application at the Council's office and such notice shall be open to public inspection. 7. Issue of duplicate licence or certificate (1) The Licensing Authority may, upon being satisfied that a licence or certificate issued in terms of these Bye-Laws has been lost or destroyed, issue a duplicate hawker's licence or street-vendor's certificate on payment of a fee of P10. (2) Where a licence or certificate which had been lost and replaced is recovered, the duplicate licence or certificate shall be returned forthwith to the Licensing Authority. 8. Licence or certificate not transferable (1) A licence or certificate issued under these Bye-Laws shall not be transferable without the consent of the Council, and may be revoked by the Council if (a) the holder thereof transfers the licence without the consent of the Council; (b) the holder thereof is convicted of an offence under these Bye-Laws; and (c) it is in the public interest to do so. 9. Licence or certificate to be produced for inspection (1) A licence or certificate issued under these Bye-Laws shall be produced on demand to any authorised official or to any member of the Police Force for inspection, or shall, within 7 days of such demand, be made available to the Licensing Authority. (2) Any person who contravenes the provisions of sub-Bye-Law (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding P50, or to imprisonment to a term not exceeding three weeks. 10. Modification, suspension or cancellation of licence or certificate (1) The Council may, modify, suspend or cancel a licence or certificate, if the conditions of the licence or certificate have not been complied with, as the case may be, or the continuing use of the licence or certificate constitute a danger to public health. (2) The Council may, at any time withdraw or cancel a licence or certificate issued under these Bye-Laws, if in its opinion, it is in the interest of the public to do so: Provided that the Council shall allow the licence or certificate holder such time as is necessary to dispose off the businesses' existing stock. (3) A holder of a licence or certificate shall not be entitled to any refund or fees paid in respect of any licence or certificate that has been suspended, withdrawn or cancelled by the Council in terms of these Bye-Laws. 11. Duties of a hawker or street-vendor Copyright Government of Botswana (1) The holder of a hawker's licence or street-vendor's certificate issued under these Bye-Laws shall (a) at all times keep in clean and sanitary condition all receptacles, instruments and other articles used in the conduct of his trade; (b) pick and remove any litter, refuse or paper which, in the conduct of the business has been deposited or dropped, or has fallen in or on any public place or private property; (c) at all times keep his or her person clean while engaged in the conduct of the business; (d) provide a separate storage compartment for the goods to be traded; and (e) not, directly or indirectly obstruct traffic in public or cause himself to be nuisance to members of the public. 12. Further duties of a hawker (1) No hawker shall (a) trade on any private property without the consent of the owner, lessee, manager, or occupier of the said property; (b) erect or expose goods for sale in any tent, booth, stall, stand or similar structure; and (c) hawk elsewhere than in areas specified on the licence. 13. Further duties of street-vendor (1) No street-vendor shall (a) erect, or expose goods for sale in any tent, booth, stall, stand or similar structure, unless permitted by the Council to do so; and (b) when departing from the pitch at which he has been carrying on business, leave behind goods, receptacles, or other object associated with his trade and leave such pitch in unclean state. 14. Offences and penalties Any person who carries on the business of a hawker or street-vendor within the Council area without being the holder of a hawker's licence or street-vendor's certificate issued in terms of these Bye-Laws, or otherwise contravenes the provisions of these Bye-Laws commits an offence and shall be liable, on conviction, for a first offence, to a fine not exceeding P75 and for a second or subsequent offence to a fine not exceeding P30 for every day that the offence is being committed. SCHEDULE Form A APPLICATION FOR A HAWKERS LICENCE OR STREET-VENDOR'S CERTIFICATE Copyright Government of Botswana APPLICATION FOR A HAWKERS LICENCE OR STREET-VENDOR'S CERTIFICATE (Bye-Law 4(1)) (Attach two copies of passport size photograph, approximately 5 cm x 4 cm) Full name of applicant ......................................................................................... (Surname first (in block letters)) Place of abode and postal Address ......................................................................................... ......................................................................................... Nationality .............................................................. National Identity No. ............................ I wish to apply for a hawker's licence or 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 by Licensing officer ................................................... Proposed hearing of application ........................................................................................... Date of approval/rejection of application ................................................................................ ..................................................... Licensing Officer Copyright Government of Botswana Form B HAWKER'S OR STREET-VENDOR'S LICENCE (Bye-Law 4(2)) NOT TRANSFERABLE Licence Certificate No . ............................................. Name..............................................................................is hereby licensed in accordance with the Kgalagadi District Council (Hawker's or Street-vendor's) Bye-Laws to carry on the business of a hawker or street-vendor in the following area/s: .................................................................................................... .................................................................................................... Conditions (if any) applicable: .......................................................... ................................................... Signature of holder or .................................................... Right thumb print of holder Date of issue: ........................................ Fee paid ............................... O/R No. ................. Date on which application was received by Licensing officer ................................................... .................................................... Licensing officer Form C RENEWAL OF APPLICATION (Bye-Law 5) (1) Applicant for renewal to complete the following; (a) Areas: ........................................................................................... (2) Conditions (if any) applicable ............................................................... Date ........................................................ ........................................................... Licensing officer CENTRAL DISTRICT (LIVESTOCK CONTROL) BYE-LAWS