2009-171 License and to Regulate Refreshment Vehicles and to Repeal By-Law No. 2003-032THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-171
Being a By-law to License and to Regulate Refreshment Vehicles
and to Repeal By-Law No. 2003-032
WHEREAS the Municipal Act, S.O.2001, c.25, as amended, s.11 authorizes a lower-
tier municipality may pass by-laws, respecting health, safety and well-being of persons;
protection of persons and property, including consumer protection.
AND WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s.150 sets out that
except as otherwise provided, a municipality may provide for a system of licenses with
respect to a business
AND WHEREAS Council deems it appropriate to license and to regulate refreshment
vehicles.
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. DEFINITIONS
1.1 For the purpose of this by-law the following definitions shall apply:
a) "Council" means the Council of The Corporation of the Township of Oro-
Medonte.
b) "Health Unit" means the Simcoe Muskoka District Health Unit and includes any
successor or assign.
c) "License" means a refreshment vehicle license as issued pursuant to the
provisions of this by-law.
d) "Licensed Contractors" means a person or a group of persons that are
professionally licensed, bonded, and insured to deal in all aspects of natural or
propane gas installs, repairs, sales and service.
e) "Municipal Law Enforcement Officer" means any person appointed by the
Township as for the purposes of enforcing the by-laws of a municipality.
f) "Park' means all lands owned by or belonging to The Township of Oro-Medonte
and as otherwise may be designated for use as a public park, open space, dock
or wharf, including any and all buildings, structures, facilities, erections and
improvements located in or on such land, save and except where such land is
governed by other By-laws of the municipality.
g) "Person" shall mean an individual human being, his/her personal agent, heir,
successors and assigns, and shall include a corporation with or without share
capital.
h) "Police Officer" or "Peace Officer" means a Municipal Law Enforcement Officer
employed by the Township or an officer who is a member of the Ontario
Provincial Police or such other police force as may be contracted from time to
time to service the Township.
i) "Refreshment Vehicle" shall mean a vehicle as defined herein in accordance with
the Highway Traffic Act, R.S.O., 1990, c.H.8, as amended, from which
refreshments are sold.
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j) "Refreshments" shall mean but shall not be limited to such items as fish, french
fries, hot dogs, sausages, hamburgers, ice cream, beverages and similar items
which can be sold from a vehicle which conforms with the requirements of this
By-law and any other regulations that any other agency or Ministry may impose.
k) "Service Club" means a non-profit, charitable organization established within the
Township of Oro-Medonte.
1) "Township" shall mean The Corporation of the Township of Oro-Medonte.
m) "Trailer" shall mean any vehicle constructed to be attached and propelled by a
motor vehicle and that is capable of being used by persons for living, sleeping or
eating, even if the vehicle is jacked-up or its running gear is removed.
n) "Vehicle" shall mean a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, bicycle and any vehicle drawn, propelled or driven by any kind
of power, including muscular power, but does not include a motorized snow
vehicle or a street car.
o) "Zone" shall mean a designated area of land use as identified in the Township
Zoning By-law 97-95, as amended.
2. LICENSING
2.1 No person shall carry on, conduct, operate, lease or maintain a refreshment
vehicle within the corporate limits of the Township without a license.
3. APPLICATION FOR LICENSING
3.1 Application for a license under this By-law shall be made to the Clerk in the
prescribed form in Schedule "B" attached hereto which forms part of this By-law.
3.2 Each application shall be accompanied by appropriate approvals from the
following agencies or ministries:
i) Annual Inspection Report from the Health Unit;
ii) Ministry of Transportation Clearance/Permit for Provincial Highways;(if
applicable)
iii) County of Simcoe Clearance/Permit for County Roads (if applicable).
3.3 Where a vehicle is powered by gas or propane, each application shall be
accompanied by an annual Certification of Inspection by an authorized inspector
for gas or propane installation by a licensed contractor.
3.4 Each application shall be accompanied by a letter from the Owner's insurance
company assuring the refreshment vehicle owner carries a minimum of two
million dollars public liability, property damage inclusive, against loss or damage
resulting from bodily injury to or the death of one or more persons, or from loss
of or damage to, property resulting from any one incident. In addition, all
refreshment vehicle owners shall provide the Township of Oro-Medonte with a
copy of the liability certificate, which covers both the licensee and the
municipality in the amount of $2,000,000.00 (Two Million Dollars). Such
insurance shall contain an endorsement specifying that the municipality shall be
given a minimum (30) thirty days written notice of any change, expiration, or
cancellation of such policy.
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3.5 Each application shall be accompanied by a letter of permission from the
property owner where the vehicle is to be located when the operator is not the
owner of the property.
3.6 Each application shall be circulated by the Clerk's Department to the following for
approval:
i) Fire and Emergency Services Department;
ii) Planning Division;
iii) Transportation Services;
iv) Municipal Law Enforcement.
4. FEES
4.1 Prior to the issuance of a Refreshment Vehicle License, the applicant shall pay
such fee as set out in Schedule "A" attached hereto and forming part of this by-
law.
5. REQUIREMENTS OF LICENSEE
5.1 Every licensee shall:
a) ensure that every refreshment vehicle is equipped with a metal refuse container
with a self closing lid, and such container shall be kept in a clean and sanitary
condition and emptied at least once daily; or
a disposable litter container which shall be replaced at least once daily; and
such containers shall be used for the disposal of all refuse.
b) ensure that every refuse container is located in such a position on the vehicle so
as to be easily accessible by persons making purchases while the vehicle is
stopped;
c) ensure that the vehicle and all parts and equipment for use in the dispensing of
refreshments are maintained in a clean and sanitary condition and at all times in
good repair;
d) ensure that hard ice cream and related products are maintained in a hard
condition in the vehicle at all times;
e) ensure that no thawed or partially thawed products are refrozen, stored or sold
from the vehicle;
f) ensure that soft ice cream and related products are stored in a refrigerated
cabinet suitable for the storage of soft ice cream and related products, as
approved by the Health Unit;
g) ensure that all foodstuffs are wrapped or sold in individual packages;
h) ensure that adequate refrigeration, as approved by the Health Unit, is provided
for perishable foodstuffs which shall be kept so refrigerated;
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i) ensure that the date of expiration is clearly and legibly marked on or affixed to
the wrapper of all sandwiches or pre-packaged food stuffs sold from the vehicle;
j) ensure that beverages, which shall include but shall not be limited to, milk,
juices, and soft drinks are only sold in individual disposable containers;
k) ensure that where a vehicle is powered by propane, the vehicle is inspected and
certified at the time of application and on an annual basis by an authorized
inspector and such certification shall be filed with the Issuer of Licenses annually
in the month of January, or at the time of application, or as may be required;
1) ensure that where the vehicle is powered by propane, or as otherwise may be
required by the Chief Fire Official or the Issuer of Licenses, a minimum five
pound ABC dry chemical fire extinguisher shall be mounted on the vehicle and
the operator of such vehicle shall be knowledgeable in the proper use of such
fire extinguisher;
m) ensure that vehicles from which hot, prepared foods are sold are so equipped as
to maintain such foods so heated at a temperature as approved by the Health
Unit;
n) ensure that no LPG (liquefied petroleum gas) LNG (liquefied natural gas) or any
combustible fueled appliance is operated within 10 feet (3 metres) of any
structure, door, window, or opening which shall include an alcove or alleyway;
o) ensure that the vehicle is free from holes, crevices or cracks and the surface is
readily washable and is kept clean and in good condition;
p) ensure that only single service condiments, milk, cream and sugar are used;
q) ensure that only single service disposable cups, plates, forks, spoons, knives
and containers are used and serviettes shall be provided from a dispenser.
r) ensure that a recycling container is available.
5.2 Every person selling or handling refreshments and foodstuffs shall be clean and
neat in appearance and shall maintain clean hands at all times.
5.3 No person employed with any licensee under this Section shall be suffering from
any form of contagious disease while actively engaged in his work.
5.4 No licensee shall permit any individual other than a bona fide employee to
operate the refreshment vehicle.
5.5 Every vehicle shall have posted or painted, in a contrasting colour, on one side,
in clearly visible letters, the name of the business.
5.6 Every license issued under this By-law shall be displayed in a conspicuous
location on the vehicle and shall be produced on demand by any Police or Peace
Officer or an Official of the Township assigned the duties of enforcing this By-
law.
5.7 No person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal
Law Enforcement Officer in the exercise of a power or the performance of a duty
under this By-law.
5.8 No refreshments shall be sold from a vehicle drawn by an animal.
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5.9 No vehicle licensed under this By-law shall purport to sell or sell refreshments to
the public while situated, standing or parked on a public highway, park or
playground, or other public property within the corporate limits of the Township,
unless having obtained Council authorization.
5.10 No vehicle licensed under this By-law shall be permitted in residential areas.
5.11 Refreshment vehicles licensed under this By-law shall be permitted to operate on
commercially zoned private property.
6. EXPIRY
6.1 A license shall terminate on December 31St of each year, regardless of the date it
was obtained from the Township.
6.2 No person shall continue to operate under the authority of an expired license.
7. REVOCATION
7.1 The Township may revoke, refuse or cancel any license at any time that does
not comply or continue to comply with the provisions of the By-law. Notice of
revocation of any license may be given by the Township by registered letter
signed by the Clerk, mailed or delivered to the last known address, and the
license shall then cease and terminate and be of no further effect.
8. ENFORCEMENT & FINES
8.1 Every person who contravenes any provision of this By-law is guilty of an offence
and shall be liable to a fine in the amount to be determined pursuant to the
Provincial Offences Act, R.S.O. 1990, Chapter P. 33, and every such fine is
recoverable under the Provincial Offences Act.
8.2 The conviction of an offender upon the breach of any provisions of this By-law
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any provision and the Judge or Justice may
convict any offender repeatedly for continued or subsequent breaches of the By-
law and the provisions of the Municipal Act, S.O. 2001, c.25, as amended, from
time to time, shall further apply to any continued or repeated breach of this By-
law.
8.3 If any court of competent jurisdiction finds that any of the provisions of this By-
law are ultra vires the jurisdiction of Council or are invalid for any reason, such
provision shall be deemed to be severable and shall not invalidate any other
provisions of the By-law which shall remain in full force and effect.
9. EXEMPTIONS
9.1 Notwithstanding the provisions of this By-law, no person shall be required to
submit a license fee when refreshments are offered for sale in conjunction with
the Oro World Fair or any Council authorized event for which prior approval of
Council has been obtained or where the vehicle is accessory to a permitted use
under the Zoning By-law.
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9.2 Notwithstanding the provisions of this By-law, provided that the primary business
is located in another municipality, a license will not be required for a vehicle with
a valid license from another Municipality within the County of Simcoe, that sells
refreshments that are refrigerated or maintained in a heated state, and sold at
construction and business sites within the Township of Oro-Medonte.
9.3 Notwithstanding Section 5.11, any refreshment vehicle that applied for a license
and operated during 2009, shall be eligible for a license provided that the
refreshment vehicle complies with all other provisions of this By-law.
9.4 Notwithstanding Sections 9.2 and 9.3, all other requirements of this by-law shall
be met to maintain the safety of the public.
10. ENACTMENT
10.1 This By-law shall come into full force and effect on the date of its final passing.
10.2 This By-law may be referred to as the "Township of Oro-Medonte Refreshment
Vehicle By-law".
10.3 By-law 2003-023 of the Council of The Corporation of the Township of Oro-
Medonte is hereby repealed in its entirety.
11. GENERAL
11.1 That Schedules "A" and "B" as set out herein and attached hereto form part of
this By-law.
BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF DECEMBER,
2009.
BY-LAW READ A THIRD AND FINAL TIME THIS 16TH DAY OF DECEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
R, I-I.S. fIUGHES
CLMK..J. DO13GLAS IRWIN
SCHEDULE "A" TO
BY-LAW NO. 2009-171
FEES
2010 Annual License Fee $225.00
2011 and beyond Annual License Fee $300.00
Note:
Any change to Schedule "B" to By-Law No. 2009-171 is subject to a new license.
BY-LAW NO. 2009-171
SCHEDULE "B"
TOWNSHIP OF ORO-MEDONTE
APPLICATION TO OPERATE A REFRESHMENT VEHICLE
❑ $225.00 - 2010 Annual License Fee
❑ $300.00 - 2011 and beyond Annual License Fee
APPLICANT IDENTIFICATION:
Registered Name of Business_
Name of Applicant
Address of Applicant
Operating Business Address
Mailing Address
Postal Code
Telephone Numbers: Residence Bus
Contact Person/Position
Name Position
REFRESHMENT VEHICLE INFORMATION
Type of Vehicle Being Used
Type of Food Being Served
Proposed Location of Vehicle
Days of Operation
Hours of Operation a.m. to p.m.
Is a "Deep Fryer" Being Installed?
OTHER INFORMATION
Owner of Property Vehicle to be Located On
Address of Property Owner
Letter of Permission from Property Owner:
Received
El
Inspection Report from Health Unit:
Received
Letter from Insurance Company:
Received
0
Certificate of Inspection from Licensed Contractor:
Received
0
Ministry of Transportation Clearance/Permit:
Received
County of Simcoe Clearance/Permit:
Received
0
OFFICE USE ONLY
The following approvals must be completed before the license can be issued.
Fire Chief
Date
Planning Division
Date
Transportation Division
Date
Chief Municipal Law
Enforcement Officer
Date
Dated this day of
Signature of Owner/Agent
Witnessed by Township Staff