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CORPORATION OF THE CITY OF NEW WESTMINSTER
MOBILE FOOD VENDING LICENCE BYLAW NO. 7850, 2016
(Adopted July 4, 2016)
This is a consolidation of the bylaws listed below. The amendment bylaws have been
combined with the original bylaw for convenience only. This consolidation is not a legal
document. Certified copies of the original bylaws should be consulted for all interpretations
and applications of the bylaws on this subject.
AMENDMENT BYLAW
ADOPTION DATE
EFFECTIVE DATE
Bylaw No. 8471, 2024
July 15, 2024
July 15, 2024
Bylaw No. 8498, 2025
February 24, 2025
February 24, 2025
Bylaw No. 8538, 2025
November 3, 2025
January 1, 2026
The bylaw numbers highlighted in this consolidation refer to the bylaws that amended the
principal Bylaw No. 7850, 2016. The number of any amending bylaw that has been repealed
is not referred to in this consolidation.
Obtainable from the Legislative Services Department
CONSOLIDATED FOR CONVENIENCE ONLY
(December 12, 2025)
CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 7850, 2016
A Bylaw regarding the licencing and regulation of food trucks
________________________________________________________________________
________
The Council of the Corporation of the City of New Westminster in open meeting assembled
HEREBY ENACTS AS FOLLOWS:
1
Title
1.
This Bylaw may be cited for all purposes as "Mobile Food Vending Licence Bylaw No.
7850, 2016."
2
Definitions
2.
In this Bylaw,
"business" means the carrying on of a commercial or industrial activity or
undertaking of any kind, and the providing of professional, personal or other services
for the purpose of gain or profit;
"Community Services Fees and Charges Bylaw" means Community Services
Fees and Charges Bylaw No. 8529, 2025, as amended or replaced from time to time;
"cuisine" means style of cooking or food that is cooked in a particular way;
"Food Cart" means a non-motorized mobile cart with a maximum area of 4.65m²,
from which food and/or beverages are dispensed, and where the entire stock of goods
offered for sale is carried and contained in the cart;
"Food Truck" means a motorized, mobile, self-contained vehicle or a portable, self-
contained trailer that is equipped to cook, prepare, and/or serve food and/or
beverages, and excludes Food Carts and craft services vehicles associated with a
City-issued film permit;
"Licence Inspector" means a person appointed by Council as Manager of
Licensing, Licence Inspector, Business Licence Coordinator, or Bylaw Officer;
"Mobile Food Vending" means the operation of a food service business from a Food
Truck;
"Mobile Food Vending Licence" means a licence to carry on Mobile Food Vending
from a Food Truck pursuant to this Bylaw; and
"person" includes a corporation, partnership or party, and the personal or other legal
representatives of a person to whom the context can apply according to law.
Bylaw No. 7850, 2016
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3
Mobile Food Vending Licences
3.
No person shall carry on Mobile Food Vending within the City of New Westminster
without having first obtained a valid Mobile Food Vending Licence issued by the
Licence Inspector.
4.
The Licence Inspector is hereby authorized to:
(a)
issue a Mobile Food Vending Licence;
(b)
refuse an application for a Mobile Food Vending Licence in any specific case,
provided that a Mobile Food Vending Licence shall not be unreasonably
refused and, upon request, the Licence Inspector must provide written reasons
for the refusal; and
(c)
suspend, for reasonable cause, any Mobile Food Vending Licence for such
period of time as the Licence Inspector may determine.
Application for Mobile Food Vending Licence
5.
An application for a Mobile Food Vending Licence shall be made in the form
prescribed for that purpose from time to time by the Licence Inspector.
6.
The application form shall be signed by the owner or the operator of the Mobile Food
Vending business, or a duly authorized agent and, in the case of multiple owners or
operators of a business, one owner or operator may make the application on behalf
of all of them.
7.
An applicant for a Mobile Food Vending Licence shall pay the application fee and the
applicable licence fee set out in the Community Services Fees and Charges Bylaw
and no Mobile Food Vending Licence shall be issued until those fees are paid.
8.
A separate Mobile Food Vending Licence is required for each Food Truck.
9.
Prior to the issuance of a Mobile Food Vending Licence, the applicant must provide
sufficient proof of the following:
(a)
a local Health Authority permit;
(b)
a product approval sticker and an operating permit from the BC Safety
Authority, allowing for the use of propane;
(c)
valid driver's licence and motor vehicle insurance;
(d)
comprehensive liability insurance that meets the following minimum
requirements:
(i)
inclusive limit of $5,000,000 with coverage for public liability and
property damage;
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(ii)
the City of New Westminster named as additional insured under the
policy;
(iii)
endorsed to provide the City with 30 day's advance notice in writing of
cancellation or material change;
(e)
a satisfactory plan for garbage collection and disposal;
(f)
a satisfactory plan for the discharge and disposal of fats, oils and grease; and
(g)
a certificate of incorporation, if the applicant is a company.
10.
Mobile Food Vending Licences are issued for a calendar year and will expire on the
31st day of December in each year unless otherwise indicated on the licence.
11.
It shall be incumbent upon the holder of a Mobile Food Vending Licence to renew the
Mobile Food Vending Licence and pay the licence fee set out in the Community
Services Fees and Charges Bylaw prior to the beginning of each calendar year.
12.
The completion and submission of an application form and payment of the application
fee set out in the Community Services Fees and Charges Bylaw are not required for
the renewal of a Mobile Food Vending Licence provided that the Mobile Food Vending
Licence is renewed before it has expired and there have been no changes in the
nature of the business or the persons operating the business, and no changes to the
Food Truck for which the licence was issued.
13.
No person to whom a Mobile Food Vending Licence has been issued under this Bylaw
to carry on a Mobile Food Vending business from a Food Truck specified in the
licence shall conduct that Mobile Food Vending business from another Food Truck
without having first:
(a)
applied to the Licence Inspector, in the form provided, to have the Mobile Food
Vending Licence amended in respect of the Food Truck specified in the
licence; and
(b)
received an amended licence to conduct the Mobile Food Vending business
from the new Food Truck,
and the powers, conditions, requirements, and procedures relating to the granting
and refusal of licenses and appeals under this Bylaw shall apply to all such
applications.
14.
A Mobile Food Vending Licence is not transferable under any circumstances. The
completion and submission of an application form is required where the assets of an
existing Mobile Food Vending business are sold or where a majority of shares in that
business are transferred.
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4
Single-Event Mobile Food Vending Licences
15.
The Licence Inspector may issue a single-event Mobile Food Vending Licence,
allowing an applicant to carry on Mobile Food Vending during an event at a single
location for up to 3 consecutive days. An applicant for a single-event Mobile Food
Vending Licence shall pay the applicable licence fee set out in the Community
Services Fees and Charges Bylaw, but shall not be required to pay the application
fee.
16.
The holder of a single-event Mobile Food Vending Licence shall have priority of
location over the holder of an annual Mobile Food Vending Licence, and the holder
of an annual Mobile Food Vending Licence shall remove its Food Truck from such
specified location upon request.
5
Mobile Food Vending on Public Property
17.
No person shall carry on Mobile Food Vending on public property other than in a
location specified in Schedule "A", which locations are available daily on a first come,
first served basis, except as per section 16 or as specified in Schedule "A".
Mobile Food Vending on Private Property
18.
No person shall carry on Mobile Food Vending on private property unless:
(a)
the activity is permitted under Zoning Bylaw No. 6680, 2001, as amended or
replaced from time to time, and any other applicable bylaws; and
(b)
that person has the written consent of the property owner or occupier, which
must be produced at the request of the Licence Inspector.
6
Mobile Food Vending Regulations
19.
Every person applying for a Mobile Food Vending Licence to carry on Mobile Food
Vending shall comply with all federal, provincial, and municipal laws, bylaws,
regulations, and rules applicable to a food service business.
20.
The holder of a Mobile Food Vending Licence shall:
(a)
maintain the Food Truck specified in the licence in a good, clean and sanitary
condition;
(b)
ensure that any generator used to provide power to the Food Truck does not
create a nuisance to residents and other business operators in vicinity, with
the exception of Təməsew̓ txʷ Aquatic and Community Centre where no
generators are permitted.
(c)
not use or allow the use of any form of music or voice amplifying device in
connection with the Food Truck;
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(d)
be responsible for collecting all garbage and recycling resulting from the
Mobile Food Service business and provide proper waste and recycling
receptacles, adequate to ensure the cleanliness of the surrounding area, and
clean up the surrounding area within a 10 metre radius after service at a
location;
(e)
not dispose of any fats, oils, grease, or wastewater into any City storm or
sanitary sewer system;
(f)
not place any furniture associated with the Food Truck (including any tables,
chairs, benches, or counters) on public property;
(g)
ensure that clearance on all sides of any Food Truck located on public property
is maintained, such that pedestrians are able to easily and safely pass by
without hindrance;
(h)
ensure that the location and operation of the Food Truck does not restrict or
interfere with the ingress or egress of any adjacent property owner or occupier,
or constitute an obstruction to adequate access by fire, police, ambulance, or
sanitation vehicles;
(i)
not erect or place any signage associated with the Food Truck, other than one
portable sign that must be placed against the Food Truck to avoid any
obstructions to vehicles or pedestrians;
(j)
ensure that the Food Truck is open for business at all times when parked in a
designated on-street location and attend or ensure that at least one staff
person attends the Food Truck at all times;
(k)
not store the Food Truck on public property overnight;
(l)
only operate Mobile Food Vending on designated public property during the
following hours:
(i)
park locations: during park opening hours;
(ii)
other public property locations: between 6:00 a.m. and 1:00 a.m. the
following day;
(m)
ensure the Food Truck from which it operates Mobile Food Vending does not
exceed 2.5 metres in width and 8 metres in length;
(n)
ensure that all service windows on a Food Truck are oriented towards the
sidewalk and do not face the street;
(o)
operate Food Trucks on designated streets only in legal parking spaces;
(p)
not operate a Food Truck in an angle or nose-in parking stall unless in a
designated location in a park;
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(q)
notwithstanding sections 17 and 18, not operate a Food Truck within:
(i)
100 metres of any existing food service establishment serving a similar
cuisine;
(ii)
150 metres of a City-sanctioned special event, farmers market, or
festival, unless written permission has been obtained from the event
organizer;
(iii)
10 metres of any intersection, crosswalk, or bus stop;
(iv)
any residentially zoned areas; and
(r)
maintain a location log that tracks the time and duration of the Food Truck at
each location, which log must be made available to the Licence Inspector upon
request.
21.
Food Trucks are exempted from hourly parking limits and the requirement to pay an
hourly meter on City roadways where applicable.
22.
On-street parking spaces will not be reserved for Food Trucks and will be open for
public use when a Food Truck is not present, unless the operator has obtained a
street occupancy permit under Street Traffic Bylaw No. 6027, 1991, as amended or
replaced from time to time.
23.
The holder of a Mobile Food Vending Licence shall maintain the insurance required
pursuant to section 9(c) and (d) in full force and effect at all times during the term of
the Mobile Food Vending Licence, and shall provide proof of such insurance to the
Licence Inspector upon demand from time to time.
Exemption from Business Licence Bylaw 5640, 1986
24.
A person that has received a Mobile Food Vending Licence from the Licence
Inspector under this Bylaw is not required to obtain a business licence under Business
Licence Bylaw 5640, 1986, as amended or replaced from time to time, for that
person's Mobile Food Vending business.
7
Offences
25.
Every owner or operator of a Mobile Food Vending business who by this Bylaw is
required to hold a valid and subsisting licence and who:
(a)
violates any provision of this Bylaw;
(b)
permits a violation of any provision of this Bylaw; or
(c)
refuses or fails to do anything required to be done by him by any provision of
this Bylaw,
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is guilty of an offence and is liable upon summary conviction to a fine of not less than
fifty dollars ($50.00) and, where conviction is for failure to pay the required licence
fee, the unpaid licence fee shall be added to the penalty and shall form part of the
fine.
8
Severance
26.
If any part of this Bylaw is for any reason held invalid by any Court of competent
jurisdiction, the invalid portion shall be severed and the severance shall not affect the
validity of the remainder of this Bylaw.
Adopted July 4, 2016
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Attachment A to Bylaw 8498, 2025
Schedule "A" to Bylaw No. 7850, 2016
Permitted Public Locations
1.
Downtown (Columbia Street, Front Street and Carnarvon Street)
- Carnarvon Street, between Sixth Street and Tenth Street
- Columbia Street, between Elliot Street and the junction at Stewardson Way
- Front Street, between Begbie Street and Fourth Street
2.
Queensborough (Ewen Avenue)
- the south side of Ewen Avenue, between Jardine Street and Hampton Street
3.
Sapperton (E. Columbia Street)
- East Columbia Street, between Sherbrooke Street and Braid Street
4.
Upper Twelfth Street
- Twelfth Street, between Tenth Avenue and Sixth Avenue
5.
Uptown (Sixth Avenue and Sixth Street)
- Sixth Street, between Seventh Avenue and Princess Street, and Belmont
Street and Fourth Avenue
- Belmont Street, between Sixth Street and Seventh Street
6.
1319 Third Avenue (outside of Steel and Oak Brewing Company)
- one parking space located outside of 1319 Third Avenue
7.
City Parks & Facilities
- Tipperary Park, parking lot
- Moody Park on Tenth Street, one parking space located adjacent the south
side of the crosswalk at Hamilton Street
- Upper Hume Park, one parking sport at the corner of Kelly Street and Hume
Lane, in front of the washrooms
- Ryall Park on Salter Street, one parking space by the picnic shelter between
Carter Street and Viscount Place
- Təməsew̓ txʷ Aquatic and Community Centre (TACC), one parking spot in the
loading zone at the front of the building
o This location shall only be available at the discretion of the Director of
Parks and Recreation
o No generators permitted, cable ramps required for electrical plug in
o Booking reservation required
o Pay the Electricity Supply fee, as identified in Parks & Recreation
Fees Bylaw No. 6673, 2001 for each day of vending