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2013-126 Refreshment Vendor By-lawTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -126 Being a By -law to License and to Regulate Refreshment Vendor and to Repeal By -law No. 2009 -171 (Refreshment Vendor By -law) WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s. 11 authorizes a lower - tier municipality to 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, 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 vendors. NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That Appendix "A" and Schedules "A ", "B ", "C ", "D" and "E" attached hereto form part of this By -law. 2. This By -law Shall be cited as "The Township of Oro - Medonte Refreshment Vendor By- law "; 3. That By -law No. 2009 -171 is hereby repealed in its entirety. 4. And that this By -law shall come into force and effect on the date of its final passing. BY -LAW READ A FIRST, SECOND AND THIRD TIME, PASSED THIS 17th DAY OF JULY, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE �� Appendix "A" 1.0 DEFINITIONS For the purpose of this By -law, the following definitions shall apply: "Applicant" means a person or entity having made an application pursuant to this By- law. "Cooking Facilities" means the arrangement within the unit which provides for the storage or preparation of food or drinks intended for immediate consumption by the public. "Council" means the elected Council of the Corporation of the Township of Oro - Medonte. "Chief Fire Official" means the Fire Chief for The Township of Oro - Medonte and /or their designate. "Health Unit" means the Simcoe Muskoka District Health Unit and includes any successor or assign. "Highway" means a common and public highway, street, avenue, parkway, square, place, bridge, viaduct or trestle, designed and intended for, or used by the general public for the passage of vehicles, including unopened and unassumed highways. "License" means a valid refreshment vendor license as issued pursuant to the provisions of this By -law. "Licensee" means the individual /entity that has been licensed pursuant to this By -law. "Licensed Contractor" 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 services. "Licensing Officer" means the Clerk for the Township of Oro - Medonte and /or their designate. "Maintain" means to keep in a particular condition or to preserve. "May" means an expression of possibility, a permissive choice to act or not. "Municipal Law Enforcement Officer" means a person appointed by the Council for the purposes of carrying out the enforcement of Municipal By -laws. "Municipal Parkland" means lands owned by or belonging to the Township of Oro - Medonte that is utilized for recreational purposes and as otherwise may be designed for use as a public park, open space, dock or wharf, including un- opened road allowances, Oro - Medonte Railtrail and 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. "Operate" means to conduct or carry on. "Owner" means any person with legal title to real or personal property. "Person" means an individual human being, his /her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. "Refreshment Stand" means any vehicle or stationary unit which is used for the storage or preparation of food or drinks intended for immediate consumption by the public. "Refreshment Vendor" means the individual or entity operating from a refreshment stand. The different types of refreshment vendors licensed by the Township are: 1. Class "A" — Chip Trucks (which are refreshment vendors that are stationary, and vend both food and beverage items); 2. Class "B" — Catering Truck (which are refreshment vendors that are mobile and vend food, beverages and sundry items from more than one location in any given day and includes a Mobile Ice Cream Truck); 3. Class "C" — Hot Dog Cart (which are smaller refreshment vendors that are stationary, containing a barbeque or other cooking facilities for preparing refreshments at the refreshment stand and vend such refreshments.); 4. Class "D" — Ice Cream Cart (which are smaller refreshment vendors that are stationary, for the purpose of storing and selling frozen products such as ice cream bars, popsicles and slushies). "Refreshments" means but shall not be limited to such items as fish, french fries, hotdogs, sausages, hamburgers, ice cream, sandwiches, beverages and similar items which can be sold by a refreshment vendor and conforms with the requirement of this By -law and other regulations that any other agency or Ministry may impose. "Shall" means mandatory and not discretionary. "Site Plan" means a sketch of the property outlining the location of the refreshment vendor and the proximity of such vendor to the boundaries of the property. "Township" means the Corporation of the Township of Oro - Medonte. 2.0 LICENSING 2.1 Every person who wishes to operate or maintain a business as a refreshment vendor within the Township is required to submit the necessary application as set out in this By -law. 3.0 APPLICATION FOR LICENSING 3.1 Application for a license under this By -law shall be made to the Licensing Officer on the prescribed form in Schedule "B" through "E" attached hereto and forming part of this By -aw. 3.2 Each application shall be accompanied by appropriate approvals from the following agencies or ministries: 3.2.1 Approved Inspection Report from the Health Unit, such approval shall be valid for six (6) months from the date of the inspection; 3.2.2 Approval from the Ministry of Transportation; (if applicable) 3.2.3 Approval from the County of Simcoe (if applicable). 3.3 Where a vehicle is powered by gas or propane, the vehicle is inspected and certified at the time of the application and on an annual basis by an authorized inspector and such certification shall be filed at the time of application , or as may be required. 3.4 Each application shall be accompanied by a letter of permission from the registered property owner where the vehicle is to be located when the operator is not the owner of the property. 3.5 All licensees making application for a Class "B" — "Catering Truck" shall provide a copy of their valid driver's license prior to the issuance of a license. Such license shall remain valid for the term of the license. 3.6 A site plan drawing outlining the location of all roads, their names, all buildings and the proximity of such refreshment vendor to the buildings and property lines. 3.6.1 Notwithstanding Section 3.6, all licensed Class "B" "Catering Trucks" are not required to submit a site plan. 3.7 Each application shall be circulated by the Clerks office to the following for approval: 3.7.1 Fire and Emergency Services; 3.7.2 Planning Division; 3.7.3 Transportation Services; 3.7.4 Municipal Law Enforcement. 4.0 FEES 4.1 Prior to the issuance of a Refreshment Vendor License, the applicant shall pay such fee as set out in Schedule "A" attached hereto and forming part of this By- law. 5.0 INSURANCE 5.1 No person shall be granted or hold a license for a refreshment vendor unless the applicant establishes and maintains current proof of Commercial General Liability insurance and Automobile Liability insurance covering each vehicle as required by the terms of this By -law. A valid certificate of insurance shall be provided to the Licensing Officer and shall include the following: 5.1.1 Commercial Liability Insurance in an amount not less than five million ($5,000,000.00) dollars, public liability, property damage inclusive, against loss or damage resulting from bodily injury to or the death of one of or more persons, or from loss of or damage to, property resulting from any one incident. In addition, the applicant shall provide the Township with copy of the liability certificate which shall name the Township as an additional insured. 5.1.2 A licensed Class "B "- "Catering Truck shall provide, to the Township, proof of Automobile Liability Insurance in an amount not less than five ($5,000,000.00) dollars for each licensed motor vehicle owned or leased by the applicant. 5.1.3 Such insurance shall contain an endorsement specifying that the municipality shall be given a minimum of thirty (30) days written notice of any changes, expiration, or cancellation of such policy. 6.0 REQUIREMENTS OF A LICENSEE 6.1 Every Licensed Refreshment Vendor operating shall: 6.1.1 ensure that every refreshment stand is equipped with a refuse container with self - closing lid, such container shall be kept in a clean and sanitary condition and is emptied as required; 6.1.2 ensure that every refuse container is located in such a position so as to be easily accessible by the person making a purchase; 6.1.3 ensure that every refreshment stand is equipped with recycling containers; 6.1.4 ensure the refreshment stand 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; 6.1.5 ensure that hard ice cream and related products are maintained in a hard condition in the refreshment stand at all times; 6.1.6 ensure that no thawed or partially thawed products are refrozen, stored or sold from the refreshment stand, 6.1.7 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; 6.1.8 ensure that adequate refrigeration, as approved by the Health Unit, is provided for perishable foodstuff which shall be kept so refrigerated; 6.1.9 ensure that the date of expiration is clearly and legibly marked on or affixed to the wrapper of all sandwiches or pre - packaged foodstuffs sold from the refreshment stand; 6. 1.10 ensure that beverages, which shall include but shall not be limited to water, milk, juices, and soft drinks, are only sold in individual packages; 6. 1.11 ensure that where a refreshment stand is powered by propane, such stand 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 Township annually, and at the time of application, or as may be required; 6.1.12 ensure that refreshment stands of which containing cooking facilities has operational fire safety and suppression equipment as required by the Chief Fire Official; 6.1.13 ensure that every refreshment stand that is powered by or utilizes propane for food preparation has a minimum five (5) pound ABC dry chemical fire extinguisher or other such fire extinguishers as required by the Chief Fire Official. Such extinguisher shall be mounted in the stand and the operator shall be knowledgeable in the proper use of such fire extinguisher; 6.1.14 ensure that refreshment stand from which hot, prepared foods are sold are equipped to maintain such foods so heated at a temperature as approved by the Health Unit; 6.1.15 ensure that no LPG (liquefied petroleum gas), LNG (liquefied natural gas) or any combustible fueled appliance is operated within ten (10) feet (3 metres) of any other structure. 6.1.16 ensure that the refreshment stand is free from holes, crevices, cracks and the surface is readily washable and is kept clean and in good condition. 6.2 Every refreshment stand shall have posted or painted, in contrasting colour, on at least one side, in clear visible lettering, the name of the business. All additional signage must comply with the Township's Sign By -law. 6.3 Every license issued under this By -law shall be displayed in a conspicuous location on /in the refreshment stand and shall be produced on demand by the Licensing Officer, Municipal Law Enforcement Officer and /or the Chief Fire Official. 6.4 A refreshment vendor licensed under this By -law shall only be permitted to operate on privately owned lands that are commercially zoned. 6.5 No license shall be issued to any person to operate a refreshment stand from a location which is within one hundred (100m) metres of an existing restaurant or other eating establishment, including another refreshment stand. 7.0 PROHIBITIONS 7.1 No person shall operate or maintain a refreshment stand without first obtaining a license from the Township. 7.1 No person shall operate or maintain a refreshment stand on any municipal highway, park or municipally owned lands within the Township, without first obtaining written authorization from Council. 7.2 No person shall operate a refreshment stand in any residential areas. 7.3 No person shall operate a refreshment stand on lands that are not commercially zoned 7.3 No person shall operate a refreshment stand within one hundred (100) metres of another restaurant. 8.0 EXEMPTIONS 8.1 Notwithstanding the provisions of this By -law, no person shall be required to obtain a license to operate or maintain a refreshment stand in conjunction with the Oro World's Fair or any Council authorized event for which prior approval of Council has been obtained or where the refreshment stand is accessory to a permitted use under the Zoning By -law. 8.2 Notwithstanding Section 3.4 of this By -law, Licensed Catering Trucks are not required to submit to the Licensing Officer, written permission from the registered property owner. 8.3 Notwithstanding provisions of this By -law, any person wishing to operate or maintain a refreshment stand on lands other than commercially zoned land shall request an exemption in writing to Council from such provisions of this By- law and obtain approval for a Temporary Use By -law. 9.0 EXPIRY 9.1 A license shall be valid for the remainder of the calendar year in which the said license is issued and shall expire on December 31 st of that year. 10.0 REVOCATION 10.1 The Licensing Officer may revoke, refuse, or cancel any license issued under this By -law, 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 Licensing Officer by registered letter signed by the Licensing Officer, mailed or delivered to the last known address, and the license shall then cease and terminate and be of no further effect. 11.0 OFFENCES 11.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any officer exercising a power or performing a duty under this By -law. Any person who is alleged to have contravened any of the provisions of this by -law shall identify themselves to the officer upon request. Failure to so shall be deemed to have obstructed or hindered the officer in the execution of his duties. 11.2 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, c. P 33, and every such fine is recoverable under the Provincial Offences Act. 11.3 This By -law shall be enforced by the Township's Municipal Law Enforcement Officers. Schedule "A" — By -law No. 2013 -126 FEES Class Class "A" - Chip Trucks Class "B" - Catering Trucks Licence Fee $375.00 per location $375.00 per truck Class "C" - Hot Dog Cart $375.00 per cart Class "D" - Ice Cream Cart $375.00 per cart * *Application fee includes initial inspection fees for both Municipal Law Enforcement Division and the Fire Department. ** Re- inspections fee of $75.00 (if required), for both Municipal Law Enforcement Division and the Fire Department, will be payable in addition the above fees. * *All approved Refreshment Vendor licenses expire on December 31St of which the year the license was granted. ** In the event of return and /or surrender or revocation of a license issued pursuant to this By -law, no part of the License fee will refunded. Schedule “B”- By-law No. 2013-126 Township of Oro-Medonte REFRESHMENT VENDOR APPLICATION Municipal Law Enforcement Division CLASS “A” – CHIP TRUCK (705) 487-2171 APPLICATION FOR REFRESHMENT VENDOR Approvals (office use only) Include with completed application:  Applicable licence fee payment of $375.00 Fire __________ Date __________ Planning __________ Date __________ Written permission from the property owner. Transportation __________ Date __________  Written approval from the Health Unit. Municipal Law __________ Date __________  Proof of $5 million dollars liability insurance.  Proof of current propane inspection.  Ministry of Transportation written approval (if applicable).  County of Simcoe written approval (if applicable). Business Information Name of Company Name of Principle(s) of Company Check One: Individual ___ Corporation ___ | Partnership ___ Business Address (Street Number and Name) City Province Postal Code | | | Phone Number Fax Number E-mail Address | | Applicant Information First Name Last Name Title (Mr./Mrs./etc) Birth Date (dd/mm/yyyy) | | | Phone Number Fax Number E-mail Address | | Proposed Business Location Owner of Land (include address) | Statement of Fact – Important – Please read carefully I make the following statement of fact: 1. The information set forth in this application is true, accurate and in all material respects complete. 2. I am aware that if a license is granted I will carry on my business in compliance with the requirements of By-law No. 2013-126 and any other relevant statute or act. 3. I am aware that a false Statement of Fact may result in the application for a license being refused. This Statement of Fact was made on this _____ day of ____________________, 20_____. Signature of Applicant _____________________________________________________ Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amend ed, and will only be used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law . Enforcement Division, Township of Oro-Medonte. 148 Line 7S., Box 100 Oro, Ontario L0L 2X0 Phone: 705-487-2171, Fax: 705-487-0133 Schedule "C "- By -law No. 2013 -126 Township of Oro - Medonte REFRESHMENT VENDOR Municipal Law Enforcement Division APPLICATION (705) 487 -2171 CLASS "B" — CATERING TRUCK APPLICATION FOR REFRESHMENT VENDOR Include with completed application: • Applicable licence fee payment of $375.00 • Written approval from the Health Unit. • Proof of $5 million dollars liability insurance. • Proof of current propane inspection. • Copy of valid driver license. Business Information Approvals (office use only) Fire Date Planning Date Transportation Date Municipal Law Date Name of Company Name of Principle(s) of Company Check One: Individual Corporation I Partnership _ Business Address (Street Number and Name) City Province Postal Code Phone Number Applicant Information Fax Number E -mail Address First Name Last Name Title (Mr. /Mrs. /etc) Birth Date (dd/mm/yyyy) Phone Number Fax Number Drivers Licence Number Class Proposed Business, Locations and Names Vehicle Information Make /ModelNear Statement of Fact — Important — Please read carefully E -mail Address Expiry Date (dd/mm /yyyy) Vehicle Owner (If different than applicant) License Plate No I make the following statement of fact: 1. The information set forth in this application is true, accurate and in all material respects complete. 2. 1 am aware that if a license is granted I will carry on my business in compliance with the requirements of By -law No. 2013 -126 and any other relevant statute or act. 3. 1 am aware that a false Statement of Fact may result in the application for a license being refused. This Statement of Fact was made on this Signature of Applicant day of , 20 Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Division, Township of Oro - Medonte. 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax. 705 - 487 -0133. Township ot� Proud Heritage, Exciting Future Schedule "D "- By -law No. 2013 -126 Township of Oro - Medonte REFRESHMENT VENDOR Municipal Law Enforcement Division APPLICATION (705) 487 -2171 CLASS "C" — HOT DOG CARTS APPLICATION FOR REFRESHMENT VENDOR Include with completed application: • Applicable licence fee payment of $375.00 • Written permission from the property owner. • Written approval from the Health Unit. • Proof of $5 million dollars liability insurance. • Proof of current propane inspection. • Ministry of Transportation written approval (if applicable). • County of Simcoe written approval (if applicable). Business Information Approvals (office use only) Fire Date Planning Date Transportation Date Municipal Law Date Name of Company Name of Principle(s) of Company Check One: Individual Corporation Partnership Business Address (Street Number and Name) ,Phone Number Applicant Information Fax Number City Province Postal Code E -mail Address First Name Last Name Title (Mr. /Mrs. /etc) Birth Date (dd/mm /yyyy) Phone Number Fax Number Proposed Business Location Statement of Fact — Important— Please read carefully E -mail Address Owner of Land (include address) I make the following statement of fact: 1. The information set forth in this application is true, accurate and in all material respects complete. 2. 1 am aware that if a license is granted I will carry on my business in compliance with the requirements of By -law No. 2013 -126 and any other relevant statute or act. 3. 1 am aware that a false Statement of Fact may result in the application for a license being refused. This Statement of Fact was made on this day of Signature of Applicant 20 Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Division, Township of Oro - Medonte. 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax. 705 - 487 -0133. Schedule "E "- By -law No. 2013 -126 f Township of Oro - Medonte REFRESHMENT VENDOR Toun2shi p o Municipal Law Enforcement Division APPLICATION Proud Heritage, Exciting Future (705) 487 -2171 CLASS "D" — ICE CREAM CARTS APPLICATION FOR REFRESHMENT VENDOR Include with completed application: • Applicable licence fee payment of $375.00 • Written permission from the property owner. • Written approval from the Health Unit. • Proof of $5 million dollars liability insurance. • Proof of current propane inspection (if applicable). • Ministry of Transportation written approval (if applicable). • County of Simcoe written approval (if applicable). Business Information Approvals (office use only) Fire Date Planning Date Transportation Date Municipal Law Date Name of Company Name of Principle(s) of Company Check One: Individual Corporation Partnership _ Business Address (Street Number and Name) City Province Postal Code Phone Number Applicant Information Fax Number E -mail Address First Name Last Name Title (Mr. /Mrs. /etc) Birth Date (dd/mm /yyyy) Phone Number Fax Number E -mail Address Proposed Business Location Owner of Land (include address) Statement of Fact — Important — Please read carefully I make the following statement of fact: 1. The information set forth in this application is true, accurate and in all material respects complete. 2. 1 am aware that if a license is granted I will carry on my business in compliance with the requirements of By -law No. 2013 -126 and any other relevant statute or act. 3. 1 am aware that a false Statement of Fact may result in the application for a license being refused. This Statement of Fact was made on this day of , 20 Signature of Applicant Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Division, Township of Oro- Medonte.148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax. 705 - 487 -0133.