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2015-212 Refreshment Stand By-lawThe Corporation of the Township of Oro-Medonte By-law No. 2015-212 Being a By-law to License and to Regulate Refreshment Stands in the Township of Oro-Medonte. And to Repeal By-law No's. 2015-063 and 2015-122. (Refreshment Stand By-law) Whereas the Municipal Act, S.0.2001, 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. 151 sets out that a municipality may provide a system of licences with respect to a business. And Whereas the Municipal Act, S.O. 2001 c.25 as amended, s.446 sets out that a municipality may direct or require a person to do a matter or thing, in default of that matter or thing being done, the municipality can direct that matter or thing to be done at the person's expense. And Whereas Council deems it appropriate to license and to regulate refreshment stands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That Appendix "A" and Schedule "A", "B" and "C" attached hereto form part of this By-law, 2. This By-law Shall be cited as "The Township of Oro-Medonte Refreshment Stand By-law"; 3. That By-law No's. 2015-063 and 2015-122 are hereby repealed in their entirety. 4.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, and Passed this 91" day of December, 2015. The Corporation of, the Township of Oro-Medonte �y i0 Clerk; J.'DoAfFas Irwin Page 1 of 15 Appendix "A" to By-law No. 2015-212 for The Corporation of the Township of Oro-Medonte 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 and shall include a licensee. "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. "Convenience Store" means a store with extended opening hours and in a convenient location, stocking a limited range of household goods, groceries and refreshments. "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. "Chief Municipal Law Enforcement Officer" means a person appointed by the Council for the purpose of supervising and carry out the enforcement of Municipal By-laws. "Eating Establishment" means any building or part of a building, booth, stall or place where food or drinks are offered for sale or sold to the public for immediate consumption. The term includes but not limited to: restaurants, bars, taverns, cafes, food courts, cafeterias, take-out restaurants, ice cream parlours, tea or lunch rooms, dairy bars, coffee shops, donut shops, snack bars, refreshment rooms and refreshment stands; "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. "Intersection" means the area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other. "Licence" means a valid refreshment stand licence as issued by the Township 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 people 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. Page 2 of 15 "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 are utilized for recreational purposes and may be designated for use as a public park, open space, dock or wharf. "Municipal Property" means any property situated within The Township of Oro-Medonte that is owned or controlled by the Township. "Non-profit" means a corporations or an association that conducts business for the benefit of the general public without shareholders and without a profit motive. "Operate" means to conduct or carry on. "Owner" means any person with legal title to real or personal property and includes an authorized agent. "Refreshment Stand" means any stand (whether stationary or propelled by a motor or by the application of force by a person) which is used for the storage or preparation of food or drinks intended for immediate consumption by the public. The different types of refreshment stands licensed by the Township are: 1. Class "A" - Chip Truck (which are refreshment stands that are stationary, and offer to sell refreshments); i. Class "B" - Mobile Catering Truck (which are refreshment stands that are mobile and offer to sell refreshments and sundry items from more than one location in any given day); 3. Class "C" - Hot Dog Cart (which are smaller refreshment stands that are stationary, containing a barbeque or other cooking facilities to prepare refreshments and offer to sell such refreshments); a. Class "D" - Ice Cream Cart (which are smaller refreshment stands that are stationary, to store and sell refreshments and frozen products such as, but not limited to, ice cream bars, popsicles and slushies); S. Class "E"- Mobile Ice Cream Truck (which are refreshment stands that are mobile to store and sell refreshments and frozen products such as, but not limited to, ice cream bars, popsicles and slushies); 6. Class "F"- Other Refreshment Stands (which are any refreshment stands that do not meet the definitions in 1 through 5 above and offer to sell refreshments, including, but is not limited to, a portable barbeque). "Refreshments" means any form of food or drink intended for human consumption. "School Property" means property owned and operated by Simcoe County District School Board for the purpose of educating children. "Service Organization" means a voluntary non-profit organization where members meet regularly to perform charitable works either by direct hands-on efforts or by raising money for other organizations. "Shall" means mandatory and not discretionary. "Site Plan" means a sketch of the property outlining the location of the refreshment stand and the proximity of such stand to the boundaries of the property and existing structures. "Township" means The Corporation of the Township of Oro-Medonte. Page 3 of 15 2.0 Licensing 2.1 Every person who wishes to operate, maintain or sell refreshments from a refreshment stand within the Township is required to obtain a licence prior to operating. 3.0 Application for Licensing 3.1 Application for a licence under this By-law shall be made to the Chief Municipal Law Enforcement Officer on the applicable form. 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 dated no later than six (6) months from the date of application with the Township. 3.2.2 Approval from the Ministry of Transportation; (if applicable) 3.2.3 Approval from the County of Simcoe (if applicable). 3.3 Every applicant/licensee shall ensure that where the refreshment stand is powered by propane or utilizes propane for food preparation, the refreshment vehicle is inspected and certified at the time of application and on an annual basis by a licensed contractor, and such certificate shall be filed with the Township at the time of application or as may be required. 3.4 Each application shall be circulated by the Chief Municipal Law Enforcement Officer to the following for approval/comments: 3.4.1 Fire and Emergency Services; 3.4.2 Planning Division; 3.4.3 Transportation Services; 4.0 Fees 4.1 Prior to the issuance of a Refreshment Stand licence, the applicant shall pay the appropriate fee as set out in Schedule "A", "B" or "C attached hereto and forming part of this By-law. 5.0 Insurance 5.1 No person shall be granted or hold a licence for a refreshment stand unless the applicant establishes and maintains current proof of commercial general liability insurance and automobile liability insurance covering each refreshment stand as required by the terms of this By-law. A valid certificate of insurance shall be provided at the time of application and shall include the following: 5.1.1 Commercial liability insurance in an amount not less than two million ($2,000,000.00) 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 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. Page 4 of 15 6.0 Class "A" — Chip Truck 6.1 The applicant shall provide the following at the time of application: 6.1.1 A letter of permission from the registered property owner where the Chip Truck is to be located when the operator is not the owner of the property. 6.1.2 A site plan drawing outlining the location of all roads, their names, all buildings and the proximity of such refreshment \ stand to the buildings and property lines. 6.1.3 Proof of insurance pursuant to Section 5 of this By-law. 6.1.4 Approved copy of the inspection from the Health Unit. 6.1.5 Written approval from the Ministry of Transportation (if applicable). 6.1.6 Written approval from the County of Simcoe (if applicable). 6.2 The applicant/licensee shall ensure that the Chip Truck displays in contrasting colour and in clearly visible letters, on at least one side, the operating name of the business as it appears on their refreshment stand application. 6.3 Every applicant/licensee shall at their own expense, whenever required to so by the Licensing Officer, make available such Chip Truck to any person designated to enforce the provisions of this By- law. 6.4 Every owner shall take out a separate licence for each Chip Truck that is being operated within the Township's boundaries. 6.5 Prior to operating in a different location, the licensed Refreshment Stand must provide written permission from the registered property and a detailed site map of the new location indicating the Stands location on the property prior to operating. 6.6 The licensee shall be permitted to operate a Chip Truck on lands which are contained within an Industrial, Commercial or Private Recreational Zone and a Camping Establishment in accordance with the Township's Comprehensive Zoning By-law where such use is accessory and subordinate to the permitted use of the subject lands. 7.0 Class "B"- Mobile Catering Truck 7.1 The applicant shall provide the following at the time of application: 7.1.1 A valid driver's licence, such licence shall remain valid at all times during the operation of the Mobile Catering Truck. 7.1.2 A valid and current Ministry of Transportation motor vehicle permit in the applicant's name. 7.1.2.1 If the vehicle is leased, the applicant shall provide a copy of the lease agreement. 7.1.3 A valid and current annual inspection certificate issued pursuant to the Highway Traffic Act. 7.1.4 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. 7.1.5 Proof of insurance pursuant to section 5 of this By-law. 7.1.6 Approved copy of the inspection from the Health Unit. 7.1.7 Written approval from the Ministry of Transportation (if applicable) 7.1.8 Written approval from the County of Simcoe (if applicable). Page 5 of 15 7.2 The applicant/licensee shall ensure that every Mobile Catering Truck displays in contrasting colour and in clearly visible letters, on both side panels, the operating name of the business as it appears on their refreshment stand application. 7.3 Every owner shall take out a separate licence for each Mobile Catering Truck being operated within the Township's Boundaries. 7.3.1 If the owner licenses more than one Mobile Catering Truck, a number must be attached to each truck for identification. The number must be different on each truck. 7.4 Every applicant/licensee shall at their own expense, whenever required to so by the Licensing Officer, bring such Mobile Catering Truck to any person designated to enforce the provisions of this By-law. 7.5 Every Mobile Catering Truck shall ensure that all other Township By-laws are adhered to during operation. 7.6 The licensee shall be permitted to operate a Mobile Catering Truck on Commercial and Industrial Zones as per the Township's Comprehensive Zoning By-law. 8.0 Class "C" — Hot Dog Cart 8.1 The applicant shall provide the following at the time of application: 8.1.1 A letter of permission from the registered property owner where the Hot Dog Cart is to be located when the operator is not the owner of the property. 8.1.2 A site plan drawing outlining the location of all roads, their names, all buildings and the proximity of such refreshment stand to the buildings and property lines. 8.1.3 Proof of insurance pursuant to section 5 of this By-law. 8.1.4 Approved copy of the inspection from the Health Unit. 8.1.5 Written approval from the Ministry of Transportation (if applicable). 8.1.6 Written approval from the County of Simcoe (if applicable). 8.2 Every applicant/licensee shall at their own expense, whenever required to so by the Licensing Officer, bring or make available such Hot Dog Cart to any person designated to enforce the provisions of this By-law. 8.3 The applicant/licensee shall ensure that the Hot Dog Cart displays in contrasting colour and in clearly visible letters, on at least one side or on a sign, the operating name of the business as it appears on their refreshment stand application. 8.4 Every owner shall take out a separate licence for each Hot Dog Cart that is being operated within the Township's boundaries. 8.5 Prior to operating in a different location, the licensed Refreshment Stand must provide written permission from the registered property and a detailed site map of the new location indicating the Stands location on the property prior to operating. Page 6 of 15 8.6 The licensee shall be permitted to operate a Hot Dog Cart on lands which are contained within an Industrial, Commercial or Private Recreational Zone and a Camping Establishment in accordance with the Township's Comprehensive Zoning By-law where such use is accessory and subordinate to the permitted use of the subject lands. 9.0 Class "D" — Ice Cream Cart 9.1 The applicant shall provide the following at the time of application: 9.1.1 A letter of permission from the registered property owner where the Ice Cream Cart is to be located when the operator is not the owner of the property. 9.1.2 A site plan drawing outlining the location of all roads, their names, all buildings and the proximity of such refreshment stand to the buildings and property lines. 9.1.3 Proof of insurance as per section 5 of this By-law. 9.1.4 Approved copy of the inspection from the Health Unit. 9.1.5 Written approval from the Ministry of Transportation (if applicable). 9.1.6 Written approval from the County of Simcoe (if applicable). 9.2 Every applicant/licensee shall at their own expense, whenever required to so by the Licensing Officer, bring or make available such Ice Cream Cart to any person designated to enforce the provisions of this By-law. 9.3 The applicant/licensee shall ensure that the Ice Cream Cart displays in contrasting colour and in clearly visible letters, on at least one side or on a sign, the operating name of the business as it appears on their refreshment stand application. 9.4 Every owner shall take out a separate licence for each Ice Cream Cart that is being operated within the Township's Boundaries. 9.5 Prior to operating in a different location, the licensed Refreshment Stand must provide written permission from the registered property and a detailed site map of the new location indicating the Stands location on the property prior to operating. 9.6 The licensee shall be permitted to operate an Ice Cream Cart on lands which are contained within an Industrial, Commercial or Private Recreational Zone and a Camping Establishment in accordance with the Township's Comprehensive Zoning By-law where such use is accessory and subordinate to the permitted use of the subject lands. 10.0 Class "E"- Mobile Ice Cream Truck 10.1 The applicant shall provide the following at the time of application: 10.1.1 A valid driver's licence, such licence shall remain valid at all times during the operation of the Mobile Ice Cream Truck. 10.1.2 A valid and current Ministry of Transportation motor vehicle permit in the applicant's name. 10.1.2.1 If the vehicle is leased, the applicant shall provide a copy of the lease agreement. Page 7 of 15 10.1.3 A valid and current annual inspection certificate issued pursuant to the Highway Traffic Act. 10.1.4 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. 10.1.5 Proof of insurance pursuant to section 5 of this By-law. 10.1.6 Approved copy of the inspection from the Health Unit. 10.1.7 Written approval from the Ministry of Transportation if - pp rY p ( applicable). 10.1.8 Written approval from the County of Simcoe (if applicable). 10.2 The applicant/licensee shall ensure that every Mobile Ice Cream Truck displays in contrasting colour and in clearly visible letters, on both side panels, the operating name of the business as it appears on their refreshment stand application. 10.3 Every owner shall take out a separate licence for each Mobile Ice Cream Truck being operated within the Township's boundaries. 10.3.1 If the owner licenses more than one Mobile Ice Cream Truck, a number must be attached to each truck for identification. The number must be different on each truck. 10.4 Every applicant/Licensee shall at their own expense, whenever required to so by the Licensing Officer, bring such Mobile Ice Cream Truck to any person designated to enforce the provisions of this By- law. 10.5 Every Mobile Ice Cream Truck shall ensure that all other Township By-laws are adhered to during operation. 10.6 The licensee is permitted to operate a mobile ice cream truck in Commercial and Industrial and Residential Zones as per the Township's Comprehensive Zoning By-law. 11.0 Class "F"- Other Refreshment Stands 11.1 The applicant shall provide the following at the time of application: 11.1.1 A letter of permission from the registered property owner where the Refreshment Stand is to be located when the operator is not the owner of the property. 11.1.2 A site plan drawing outlining the location of all roads, their names, all buildings and the proximity of such refreshment stand to the buildings and property lines. 11.1.3 Proof of insurance pursuant to section 5 of this By-law. 11.1.4 Any additional information deemed by the Licensing Officer to be applicable based on the provisions of this By-law that relates to the refreshment stand. 11.1.5 Approved copy of the inspection from the Health Unit. 11.1.6 Written approval from the Ministry of Transportation (if applicable). 11.1.7 Written approval from the County of Simcoe (if applicable). Page 8 of 15 11.2 Every applicant/licensee shall at their own expense, whenever required to so by the Licensing Officer, make such refreshment stand available to any person designated to enforce the provisions of this By-law. 11.3 The applicant/ licensee shall ensure that the refreshment stand displays in contrasting colour and in clearly visible letters, on at least one side or on a sign, the operating name of the business as it appears on their refreshment stand application. 11.4 Every owner shall take out a separate licence for each - Refreshment Stand that is being operated within the Township's Boundaries. 11.5 Prior to operating in a different location, the licensed Refreshment Stand must provide written permission from the registered property and a detailed site map of the new location indicating the Stands location on the property prior to operating. 11.6 The licensee shall be permitted to operate a refreshment stand on lands which are contained within an Industrial, Commercial or Private Recreational Zone and a Camping Establishment in accordance with the Township's Comprehensive Zoning By-law where such use is accessory and subordinate to the permitted use of the subject lands. 12.0 Requirements of a Licensee 12.1 Every Licensed Refreshment Stand shall: 12.1.1 Ensure that every refreshment stand is equipped with refuse and recycling containers, such containers shall be kept in a clean and sanitary condition and emptied as required; 12.1.2 Ensure that every refuse container is located in such a position so as to be easily accessible by a person making a purchase. 12.1.3 Ensure the refreshment stand and all parts and equipment are maintained, in a clean and sanitary condition and, at all times, in good repair; 12.1.4 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; 12.1.5 Ensure that adequate refrigeration, as approved by the Health Unit, is provided for perishable foodstuff which shall be kept so refrigerated; 12.1.6 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; 12.1.7 Ensure that refreshment stands which contain cooking facilities have operational fire safety and suppression equipment as required by the Chief Fire Official; 12.1.8 Every applicant/licensee shall ensure that where the refreshment stand is powered by propane or utilizes propane for food preparation, the refreshment stand is inspected and certified at the time of application and on an annual basis by a licensed contractor, and such certificate shall be filed with the Township at the time of application or as may be required. Page 9 of 15 12.1.9 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 inside the stand and the operator shall be knowledgeable in the proper use of such fire extinguisher; 12.1.9.1 Notwithstanding section 12.1.9, licensed Hot Dog and Ice Cream Carts must have a minimum five (5) pound ABC dry chemical fire extinguisher accessible and the operator shall be knowledgeable in the proper use of such fire extinguisher. 12.1.10 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. 12.1 A 1 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. 12.2 Every licence 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. 13.0 Temporary Licence 13.1 The Licensing Officer may issue a Temporary licence to a Refreshment Stand for a single event which does not last more than seven (7) consecutive days during the calendar year if all conditions of this By-law are met. 14.0 Two (2) Day Licence 14.1 The Licensing Officer may issue a Two (2) Day License to a Refreshment Stand for single event which does not last more than two (2) consecutive days during the calendar year if all conditions of this By-law are met. 15.0 Operating Distance Requirements 15.1 No person shall operate, maintain or sell refreshments from a Class "A", "C", "D" and "F" Refreshment Stand within 60 metres of an existing eating establishment or licensed refreshment stand. 15.1.1 Notwithstanding section 14.1, a person may operate, maintain or sell refreshments from a Class "A", "C". "D" and "F" refreshment stand on the same property as an existing licensed refreshment stand with written authorization from the registered property owner permitting such. 15.2 No person shall operate, maintain or sell refreshment from a Class "E" Mobile Ice Cream Truck in the following locations: 15.2.1 within 200 metres of an established Convenience Store. 15.2.2 within 100 metres of any Municipal Parkland. 15.2.3 within 100 metres of any school property. Page 10 of 15 16.0 Prohibitions 16.1 No person shall operate, maintain or sell refreshments from a refreshment stand without first obtaining a licence from the Township. 16.2 No person shall operate, maintain or sell refreshments from a refreshment stand on municipal property, unless authorized by Council. 16.3 No person shall operate, maintain or sell refreshments from a Mobile Catering Truck on any municipal highway. 16.4 No person shall operate, maintain or sell refreshments from a Mobile Catering Truck in a Residential Zones. 16.5 No person shall operate, maintain or sell refreshments from a Mobile Ice Cream Truck in any permitted zone for longer than a 15 minute period. 16.6 No person shall operate, maintain or sell refreshments from a Mobile Ice Cream Truck within 50 feet of an intersection. 16.7 No person shall sound a horn or other signaling device in conjunction with a refreshment stand between the hours of 8:00 p.m. and 9:00 a.m. of the following day. 16.8 No person shall operate, maintain or sell refreshments from a Refreshment Stand in an Agriculture/Rural (A/RU) Zone as per the Township's Comprehensive Zoning By-law. 17.0 Exemptions 17.1 Notwithstanding the provisions of this By-law, non-profit and service organizations operating on behalf of agencies/organizations within the Township shall be exempt from the licensing fees as set out in Schedule "A" and "B" of this By-law. 17.2 Notwithstanding provisions of this By-law, no person shall be required to obtain a license to operate or maintain a refreshment stand for any event which Council has provided an exemption to the requirements of this By-law, by resolution of Council prior to the event. 17.3 Notwithstanding Sections 6.6, 7.6, 8.6, 9.6, 10.6, 11.6 and 15.8, a Refreshment Stand operating in conjunction with equestrian event shall be exempt. Such Refreshment Stand must obtain the applicable license as set out in Schedules "A", "B" or "C". 18.0 Expiry 18.1 A Year Licence shall be valid for the remainder of the calendar year in which the said licence is issued and shall expire on December 31 st of that year. 18.2 A Temporary License shall only be valid for the dates identified on the licence, to a maximum of 7 consecutive days. 18.3 A Two Day License shall only be valid for the dates identified on the licence. Page 11 of 15 19.0 Revocation/Refusal 19.1 The Licensing Officer may revoke, refuse or cancel any licence issued under this Bylaw, at any time a Refreshment Stand does not comply or continue to comply with any provision(s) of the By- law. Notice may be given by the Licensing Officer that failure to adhere to all provision(s) of this By-law may result in termination of licence and that continued operation may result in the Refreshment Stand being removed at the owner's expense. 20.0 Offences 20.1 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. 20.2 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. 20.3 This By-law shall be enforced by the Township's Municipal Law Enforcement Officers. Page 12 of 15 C' Schedule "A" — By-law No. 2015-212 Yearly Licence Fees Class Licence Fee Class "A" - Chip Trucks $300.00 per unit Class "B" - Mobile Catering Trucks $450.00 per truck Class "C" - Hot Dog Cart Class "D" - Ice Cream Cart $300.00 per cart $300.00 per car Class "E" - Mobile Ice Cream Truck $450.00 per truck Class "F" - Other Refreshment Stands $300.00 per unit **Licence Fee includes initial inspection fees for the Municipal Law Enforcement Division. ** Re -inspections fee of $75.00 (if required), for the Municipal Law Enforcement Division, will be payable in addition to the above fees. **All approved Refreshment Stand Year Licences expire on December 31 st of which the year the licence was granted. ** In the event of return and/or surrender or revocation of a licence issued pursuant to this By-law, no part of the Licence Fee will be refunded. Page 13 of 15 Schedule "B" — By-law No. 2015-212 Temporary Licence Fees Class Licence Fee Class "A" - Chip Trucks $200.00 per unit Class "C" - Hot Dog Cart $200.00 per cart Class "D" - Ice Cream Cart $200.00 per cart Class "F" - Other Refreshment Stands $200.00 per unit Licence Fee includes initial inspection fees for the Municipal Law Enforcement Division. ** Re -inspections fee of $75.00 (if required), for the Municipal Law Enforcement Division, will be payable in addition to the above fees. **All approved Temporary Refreshment Stands Licences are only valid for the dates identified on the licence, to a maximum of 7 consecutive days. ** In the event of return and/or surrender or revocation of a licence issued pursuant to this By-law, no part of the Licence Fee will be refunded. Page 14 of 15 Schedule "C" — By-law No. 2015-212 Two Day Licence Fees Class Licence Fee Class "A - Chip Trucks $100.00 per unit Class "C" - Hot Dog Cart $100.00 per cart Class "D" - Ice Cream Cart $100.00 per cart Class F - Other Refreshment Stands $100.00 per unit Licence Fee includes initial inspection fees for the Municipal Law Enforcement Division. ** Re -inspections fee of $75.00 (if required), for the Municipal Law Enforcement Division, will be payable in addition to the above fees. "All approved Two (2) Day Refreshment Stands Licences are only valid for the dates identified on the licence, to a maximum of 2 consecutive days. ** In the event of return and/or surrender or revocation of a licence issued pursuant to this By-law, no part of the Licence Fee will be refunded. Page 15 of 15 PROVINCIAL OFFENCES ACT PART IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2015-212 for the Township of Oro-Medonte attached hereto is the set fine for those offences. This Order is to take effect March 1, 2016. DATED at Newmarket this 1St day of March, 2016. Simon Armstrong Regional Senior Justice Central East Region Township of Oro-Medonte Part I Provincial Offences Act By -Law No. 2015-212 Being a By-law to License and to Regulate Refreshment Stands in the Township of Oro-Medonte and to Repeal By-law No's. 2015-063 and 2015-122. (Refreshment Stand By-law) The general penalty provision for the offences listed above is Section 20.2 of By -Law No. 2015-12, a certified copy of which has been filed. Provisions Item Short Form Wording Creating or Set Fine Defining Offence 1 Operate, maintain or sell refreshments without a licence. 16.1 $500.00 2 Operate, maintain or sell refreshments from Municipal property. 16.2 $400.00 3 Operate, maintain or sell refreshments from a Mobile Catering Truck 16.3 $300.00 on a Municipal highway. 4 Operate, maintain or sell refreshments from a Mobile Catering Truck 16.4 $300.00 in a Residential Zone 5 Operate, maintain or sell refreshments from a Mobile Ice Cream 16.5 $300.00 Truck for longer than 15 minutes. 6 Operate, maintain or sell refreshments from a Mobile Ice Cream 16.6 $300.00 Truck within 50 feet of an intersection. 7 Sound horn or other signaling devices between 8:00 p.m. and 9:00 16.7 $200.00 a.m. 8 Operate, maintain or sell refreshments from an Agricultural/Rural 16.8 $300.00 Zone. 9 Hinder or obstruct an officer exercising a power or performing a duty. 20.1 $300.00 The general penalty provision for the offences listed above is Section 20.2 of By -Law No. 2015-12, a certified copy of which has been filed.