2022 Temporary Sales Event Application 

Overview and Guidelines

1. The Applicant must complete the application and submit it to www.brant.ca/TemporarySalesApplication 
   
   
2. The following is required at the time of application:

• Completed application form;
• Diagram of proposed area used for Temporary Sales Event, including dimensions
• Valid Certificate of Insurance, if applicable (see complete requirements in Section 5);

3. Staff will review the application within five (5) business days and return signed approval to Applicant or advise of any additional information required. 
   
   
4. Staff may inspect the location to ensure the retail area is consistent with approved plan.

• This application will apply to any retail establishment within the County of Brant.
• This application must be submitted for review prior to receiving County approval for the temporary retail space identified in this application. 
• The information provided will assist in determining the feasibility of approving this application as well as determining special requirements that may be neccessary. 
• If the application is incomplete, or further information is required, staff will contact the Applicant using the contact information provided. 
• Temporary Sales Events must adhere to the County of Brant Noise By-law and all Provincial and Federal regulations. Violations will be subject to applicable penalties.
• Temporary Sales Events on public space may not make use of currently allocated accessible parking spaces and must allow for an accessible path of travel.
• For Temporary Sales Events on public property, at the end of each business day, the retail establishment is required to return merchandise and all other items and displays to private property, as well to clean the sidewalk in and around the temporary sales event area and remove debris to a covered refuse receptacle. 
• County of Brant will have the right to maintain the municipal property and to carry out repairs or maintenance to the municipal property.
• The Applicant will be responsible for reimbursing the County for any costs incurred by the County in repairing damage to the municipal property caused by the Temporary Sales Event.
• A legal/registered signing authority must provide their signature on this application indicating acceptance of any and all conditions of approval or provide a letter giving consent.
• In the event of any non-compliance with these conditions, the County has the right to enforce any of the conditions of approval, suspend the approval or remove the Temporary Sales Event at the Applicant’s expense. 
• The County reserves the right to amend the terms and conditions of an Applicant’s approval in its sole discretion at any time, including but not limited to, the right to revoke the approval. 
• The Chief Building Official is authorized to inspect all Temporary Sales Events and to require adjustments in order to ensure compliance with all municipal and provincial guidelines, by-laws and/or regulations. 
• The Applicant is solely responsible for ensuring proper winter maintenance of the Temporary Sales Event on private property. Such maintenance includes, but is not limited to, the removal of ice and snow clearing. 
• Temporary Sales Events cannot interfere with snow removal on public or private
• All Applicants are required to comply with all applicable laws and regulations, including, but not limited to, the Reopening Ontario (A Flexible Response to COVID-19) Act, the Accessibility for Ontarians with Disabilities Act (AODA), and must comply with the advice, recommendations and instructions of the Brant County Health Unit (BCHU) and other public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

Section One: Applicant Information 

Section Two: Property Owners Information 
*Please submit if different from the applicant* 

Section Three: Temporary Sales Event on Public Property
*this would apply to those events that will be encroaching on public spaces*

Requirements:

• Area Size: Temporary Sales Events must remain inside the width of the establishment’s property frontage. Any Applicant who proposes a Temporary Sales Event beyond these limits must submit signed, written consent from adjacent property owners. 
• Temporary Sales Event Location: use of public space will be reviewed on a case by case basis and could involve use of sidewalks, parking stalls or other space. 
• AODA compliant 1.5m path of travel must be maintained. 
• If required, traffic barrier and accessibility ramps can be provided by the County at a cost of $1.00. Equipment must be returned to the County in good working order at the end of the 2022.

Provide a sketch or plan below, illustrating the Temporary Sales Event layout with dimensions (including how parking will be accommodated). This can be submitted on a separate document with the application OR a photo of the sketch can be submitted by email with the application (MUST be legible).

Section Four: Temporary Sales Event on private property 

Requirement:

Temporary Sales Event: For establishments with on-site parking, County staff will review as to an appropriate ratio to be utilized on a case by case

Provide a sketch or plan illustrating the Temporary Sales Event layout with dimensions including impact on parking. This can be submitted on a separate document with the application OR a photo of the sketch can be submitted by email with the application (MUST be legible).

Section Five: Supporting Documents 

Insurance and Indemnification  

It is the sole responsibility of the Applicant to determine what coverage, if any, is necessary and advisable for its own protection or to fulfil its obligations, including any obligations under this application. Any such insurance shall be obtained and maintained at the sole expense of the Applicant. By signing this application the Applicant listed in this application has agreed to defend, indemnify and save harmless THE CORPORATION OF THE COUNTY OF BRANT, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Applicant, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this event. This indemnity shall be in addition to and not in lieu of any insurance obtained by the Applicant and such obligations shall survive the conclusion of the temporary sales event.

For Temporary Sales Events on municipal property or otherwise determined, a Valid Certificate of Insurance naming the “Applicant” listed in this application as the “named insured”, and evidencing liability insurance coverage for all activities listed in this application, issued by an insurer licensed to do business in Ontario, with limits of not less than:

$5,000,000.00 per occurrence; And naming “The Corporation of the County of Brant” as an additional insured with respect to any liability arising from this temporary patio, MUST BE SUBMITTED WITH THIS COMPLETED APPLICATION. The policy must

include a cross liability and severability of interest clause and be endorsed to provide 30 days notice of expiration, cancellation, revocation or material amendment. The Applicant must submit this application to their insurer when requesting the Certificate of Insurance to ensure that liability coverage is in effect for all proposed activities. The County of Brant reserves the right to request additional insurance based on information arrived at during the review of this application.