1998-120 To License and to Regulate Refreshment Vehicles
.J .:
e
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98- 120
BEING A BY-LAW TO LICENSE AND TO REGULATE REFRESHMENT VEHICLES
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45,as amended,
Section 234(3) authorizes Council to prohibit the sale of
refreshments or confections from a basket or wagon, cart or other
vehicle upon any highway or part of it or in any public park or
other public place;
AND WHEREAS Section 257.2 of the Municipal Act, R.S.O. 1990, c. M
45, as amended, authorizes Council to license, regulate and
govern any business carried on within the municipality;
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 Board of Health for the Simcoe County
District Health Unit.
c) PARK means a park, public dock, ball diamond, soccer field,
playground, beach, recreation area, recreation centre, or any
other area in the Township owned or used by the Township and
devoted to active or passive recreational use.
d) 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.
e) REFRESHMENT VEHICLE shall mean a vehicle as defined herein in
accordance with the Highway Traffic Act, R.S.O., 1990, c.H.S,
as amended, from which refreshments are sold.
f) REFRESHMENTS shall mean but shall not be limited to such items
as fish, french fries, hot dogs, hamburgers, ice cream, pop
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.
g) SERVICE CLUB means a non-profit, charitable organization
established within the Township of Oro-Medonte.
h) TOWNSHIP shall mean The Corporation of the Township of Oro-
Medonte.
i) TRAILER shall mean a vehicle that is at anyone time drawn
upon a public street by a motor vehicle.
j) 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.
k) ZONE shall mean a designated area of land use as identified in
the Township Zoning By-law 97-95, as amended.
. ( . ;
e
.
-2-
2. LICENSING
2.1 No person shall own, 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) Health Unit;
ii) Ministry of Transportation for provincial Highways); (if
applicable)
iii) County of Simcoe for County Roads (if applicable).
3.3 Each application shall be circulated to the following for
approval:
i)
ii)
iii)
iv)
v)
Fire Department;
Planner Department;
By-law Enforcement Department;
Roads Department;
Community Economic Development Department.
3.4 Each application shall be accompanied by a Certification of
inspection by an authorized inspector for gas or propane
installations.
3.5 Each application shall be accompanied by a letter from the
Owner's insurance company assuring the refreshment vehicle
owner carries a minimum of one 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 anyone incident. In addition, all refreshment vehicle
owners shall provide the Township of Oro-Medonte with an
original copy of the liability certificate, which covers
both the licensee and the municipality in the amount of
$1,000,000.00 (One 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.
3.6 Each application shall be accompanied by a letter from the
property owner where the vehicle is to be located.
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.
. c
e
.
. .
-3-
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 Medical Officer of Health;
g) ensure that all foodstuffs are wrapped or sold in
individual packages;
h) ensure that adequate refrigeration, as approved by the
Medical Officer of Health, is provided for perishable
foodstuffs which shall be kept so refrigerated;
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;
.". "
-4-
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;
e
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 Medical
Officer of Health;
n) ensure that no LPG (liquified 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;
0) 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 both side panels, 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 By-law Enforcement Officer in the exercise of a
power or the performance of a duty under this By-law.
5.S No refreshments shall be sold from a vehicle drawn by an
animal.
.
5.9 Every licensee shall at his own expense, whenever required
to do so by the Issuer of Licences, bring such vehicle to
any person designated by the Issuer of Licences for
inspection.
5.10 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.
e
.
"
-5-
5.11 No vehicle licensed under this By-law shall be permitted in
residential areas.
5.12 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 unless he has filed an application for
renewal complete in all respects and paid the renewal fee
shown on Schedule "A" attached hereto.
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
S.l 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.
S.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, R.S.O. 1990 C.M45, s.327, as amended from
time to time, shall further apply to any continued or
repeated breach of this By-law.
S.3 If any court of competent jurisdiction finds that any of the
provisions of this By-law are ultra vires the jurisdiction
of Councilor 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.
. ~ "
e
.
-6-
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.
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 9.1 and Section 9.2, 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".
BY-LAW READ A FIRST AND SECOND TIME THIS 2nd DAY OF
Dec~ , 1998.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF
~ , 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
1
'"
I') //
"t'.<71<0\,_ P [~::)"AI' '
MAYOR, IAN BEARD
'-/ 1. ,I,
t<. .t;N~. /;?J-
CLERK, YNDA AIKEN
.
.
<I
BY-LAW NO. 98-120
SCHEDULE "AU
FEES
First Refreshment Vehicle
Each Additional Refreshment Vehicle
Renewal
$500.00
$100.00
$300.00
.+ ....
BY-LAW NO. 98-120
SCHEDULE "B"
TOWNSHIP OF ORO-MEDONTE
APPLICATION TO OPERATE A REFRESHMENT VEHICLE
NEW BUSINESS:
D
RENEWAL:
D
License Fee: $500.00
.
APPLICANT IDENTIFICATION:
Registered Name of Business
Name of
Address of Applicant
Operating Business Address
Mailing
Postal
Telephone Numbers: Residence
Business
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
Address of Property Owner
Letter of Property Owner Permission Must Accompany Application:
Received
D
Letter of Approval from Health Unit: Received D
Letter from Insurance Company: Received D
Letter of Approval from Fuel Safety Branch: Received D
Letter of Approval from Ministry of Transportation D
Received
Letter of Approval from County of Simcoe: Received D
.
Dated this
day of
, 1998.
Signature of Owner/Agent
Witnessed by Township Staff