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13
Schedule “J”
To
By-law No. 13 — 17
TO AMEND BY-LAW 96-50 TO LICENSE AND REGULATE
REFRESHMENT VEHICLES/CATERING TRUCKS IN THE TOWNSHIP
That By-law 96-50 be amended as follows:
1. THAT Section 4 is hereby amended by deleting the words:
a license fee of $100.00. This is an annual fee.
and inserting the words:
an annual fee in accordance with the Township Fees and Charges By-
law, as amended.
2 THAT all other provisions of By-law 96-50 are hereby confirmed.
TIE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO
BY-LAW NUMBER 96-50
A BY-LAW TO LICENSE AND REGULATE REFRESHMENT
VEHICLES/ CATERING TRUCKS IN THE TOWNSHIP
WHEREAS the Council of the Corporation of the Township of Adjala-Tosorontio has authorily to
pass a by-law to Jicense or regulate any (rade, calling, occupation or business and power to
prohibit same, pursuant to the provisions of the Municipal Act, RSO 1990;
AND WHEREAS it is deemed necessary to provide for the issue of licenses for the regulation of
certain businesses in the Township of Adjala-Tosorontio;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ADJALA-TOSORONTIO ENACTS AS FOLLOWS:
1. DEFINITIONS
a Applicant means the person who applies fora license under this by-law.
b. Boulevard means the part of the highway that is not improved, designed or
normally used for ordinary traffic.
Cc. Catering Truc means a vehicle that travels from place to place for the sale of
refreshments and food stuffs.
d. Community Festival means a performance or celebration of special importance
which is approved by the Council of the Township.
e. Designated Area means an area designated for the parking of refreshment
vehicles for {he purpose of selling products therefrom, or an area designated for the
purpose of vending from a refreshment vehicle located in such area and that is not
part of a highway and is zoned by the Township’s applicable zoning by-law to
pennit a commercial or industrial use.
f. Wighway includes the entire right-of-way of a common and public highway,
street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle,
designed and intended for, or used by, the general public for the passage of
vehicles.
g. License Officer means a person employed by the Township and appointed as a
licensing officer.
h. Refreshment Vehicle means a baskel, wagon, cart or other vehicle with or
, withoul wheels used for the sale of refreshments and food stuffs and which,
without limiting the generality thereof includes a coffee stand, hot dog cart, “chip
(ruck” and flower stand; and which remains in one location.
i. Registered Charitable Organization means a registered charity defined in
accordance with the provisions of the Income Tax Act of Canada, as amended from
lime {o time.
“ij. Self means to sell for retail, offer for retail sale, display, place or expose any -
goods, wares, merchandise, products, crafts, jewellery, refreshments, foodstulls
or any other items whatsoever for retail sale.
k. Sidewalk includes all such parts of a highway as are set aside by the Township
for the use of pedestrians or used by the general public for the passage of
pedestrians.
L Travelled Street means:that part of the highway that is improved, designed or
ordinarily used for vehicular traffic.
m. Vehicle means a vehicle as defined in accordance with the provisions of the
Highway Traffic Act, RSO 1990, as amended from lime to time.
i)
LICENSES REQUIRED
No person shall establish a refreshment vehicle or catering truck in the Township or sell, or
cause or permit selling at any time, on, over, or upon the boulevard or highway, or
otherwise slop, park, place, store, stand or leave any object, vehicle or thing on the
highway, the boulevard, or any other designated area for the purpose of selling products, ,
unless such person is in possession of a license issued pursuant to this by-law.
By-law
96
=5 96-5 Qicense and Langu refreshment vehicles and catering trucks) Page 2
PROCEDURE
The following procedure shall apply in respect fo the granting of a license:
a.
a.
The applicant shall determine the proposed location for the designated area, and
shall provide a letter from the properly owner or property manager permilling the
use of the land for the proposed use.
The applicant shall pay to the Township {aj license: fee of +1000) This is an
annual fee,
The applicant shall complete an application for a license in the form supplied by the
Township, and similar (o that provided in Schedule “A”.
The applicant shall obtain approval of the Simcoe County District Health Unit and
adhere to it regulations. Such approval shall be filed with the Township.
The applicant shall obtain approval from either the Township Public Works
Superinfendent, Ministry of Transportation or the County of Simcoe regarding
access from the local highway, Provincial highway or Counly road, and shall meet
the requirements of the applicable approval authority. Such approval shall be filed
with the Township.
Where the refreshment vehicle or catering trick is powered by propane, the
refreshment vehicle or catering truck shall be 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‘at the time of application and then annually at the
time of renewal of the application.
Every owner shall take out a separate license for each refreshment vehicle and
catering (ruck owned or operated by him and the license shall be displayed on the
refreshment vehicle and catering truck and visible at all time.
A license issued ‘pursuant to this by-law shall be valid for one calendar year
(January 1 to December 31) or any part thereof, and such fee for a license shall not
be prorated for any part of a year.
Every person that obtains a license pursuant to the provisions of this by-law. shall at
all times while carrying on the business have the license in their possession and
shall upon demand exhibit it to a Provincial Offenses Officer or Police Officer.
All refreshment vehicle and catering truck owners shall carry a minimum of one
million dollars public Iiability insurance and shall furnish proof of this coverage
salisfactory to the Township prior to being licensed. Said insurance policy shall
contain a clause naming the Township as “additional insured”.
The applicant shall supply a letter to the Township advising of the days and hours
of operation
Upon review of the application, and if there is no reason to believe that the carrying
on of the business may result in a breach of the law or may be in any way adverse
{o the public interest, and in the absence of wiitlen instruction to the contrary from
Council, the Issuer of Licenses may issue the license, in the form shown in
Schedule “B”.
PROCEDURE IF LICENSE APPLICATION IS REFUSED
If upon review of the application, there is reason to believe the carrying on of the
business may result in a breach of the law, or may be in any way adverse to the
public interest, the application will be refused and the applicant advised in writing
by the Issuer of Licenses,
Upon refusal of a license, the applicant may, within thirly (30) days of notification
of the refusal to issue the license, request to be heard by Council and shall express
such intent in writing {o the attention of the Issuer of Licenses, who will advise the
appellant of the date and time to appear at the next available meeting of Council ora
Committee of Council.
Subject to the approval of | Council, the Issuer of Licenses may (1) grant the license t
applied for, @) refuse to grant such license, or (3) if the applicant signifies that he
ByJaw 96-5 Dicense and regulate refreshment vehicles and catering tucks) Page3
is willing to accept conditions upon his license and would make no objections to
such conditions, grant a license to the applicant upon such conditions as the
Council considers appropriate.
i REGULATIONS
a.
h.
The licensee shall maintain the vehicle in a safe and clean condition and ensure that
it will at all times pass a test for road worthiness as may be required under the
Highway Traffic Act.
Every refreshment vehicle and catering truck shall be equipped with a metal refuse
container wilh a self closing lid, and such container shall be kept in a clean and
sanitary condition and emptied at least once daily; and a disposable litter container
Which shall be replaced al least once daily; and such containers shall be used for the
disposal of all refuse. The licensee shall be responsible for all litter pick-up on the
sile associated with the products/items being sold by the licensee. If recyclable
packaging and/or containers are being sold, the licensee must provide a separate
container suitable for recyclable material, suitably marked.
Every refreshment vehicle and catering truck shall have posted or painted on both
side panels the name of the business in clearly visible lettering.
No refreshments shall be sold from a refreshment vehicle or catering truck drawn
by an animal.
No licensee shall operate any refreshment vehicle or catering truck between the
hours of 9:00 p.m. and 7:00 a.m.
There shall be no outside stage of goods of materials; and signage shall be restricted
to the refreshment vehicle itself, with no separate free standing signage.
No licensee shall permit any individual other than an employee to operate the
refreshment vehicle or catering truck.
No refreshment vehicle or catering truck shall be equipped with any flashing lights
or sounding device for attracting attention.
Refreshment vehicles shall not be permilted on Town property or highways, unless
permission has been received from the Township fo sell within a designated area.
Every licensee shall ensure that each operator or employee is made familiar with the
contents of this by-law and shall not permit any operator under his control,
management, supervision or direction to breach any of the provisions of this by-
Jaw.
6. LOCATION OF REFRESHMENT VEHICLE
The location for the designated area for a refreshment vehicle must comply with the
following criteria:
a.
the applicant shall provide a site plan showing the location of the designated area
and the iocation of the facilities within that designated area (e.g. truck location,
parking).
The designated area shall be located only on Iand zoned as commercial or industrial
pursuant to the Township’s zoning by-laws.
The designated area shall not be located within 50 metres of a signalized
intersection.
The designated area shall be set back at least 15 metres from a highway.
The designated area shall not be located directly in front of an entrance or exit of a
building.
Approval shall be obtained from the Townships Public Works Department as fo the
sight lines from the road allowances.
Approval shall bé obtained from the Province or County if access is from a
Provincial Highway or County Road.
By-Jaw 96-50 dicense and regulate refreshment vehicles and catering trucks) Page +
I.
10.
CATERING TRUCK REQUIREMENTS
In addition to the provisions of Sections 3 and 4, a license (o sell from a catering truck or a
refreshment vehicle not situated in a designated area shall not be issued unless the applicant
conforms to the following criteria:
a. The applicant shall supply a list of local businesses where the catering truck will
slop fo sell products.
LICENSE RENEWAL
a. No person shall enjoy a vested right in the continuance of a license.
b. All applications for renewal of licenses expiring under the provisions of this by-law
shall be made not later than the 2nd day of January each year, or a minimum of one
week prior to the proposed commencement or recommencement of the business,
c. Renewal of licenses may be pranfed by the Issuer of Licenses provided no change
in the location or nature of the business has occurred and provided the necessary
fees have been paid, approvals submitted, and all regulations complied with.
TEMPORARY SUSPENSION OF LICENSE
The Issuer of Licenses may suspend for cause any business license for up lo two weeks or
until the next meeting of Council, whichever occurs first, and upon suspending any license
shall notify the Council of the suspension.
POWER TO REVOKE LICENSE
a. Counci] may revoke any license issued under this by-law where the licensee is in
contravention of the provisions of this by-law. BEfore revoking any such license,
the holder of the license shall:
i. be given at least seven (7) days notice, mailed or delivered to his last known
address or delivered to the refreshment vehicle, and
ii. shall be provided the opportunity to appear before Council to demonstrate
why such license should not be revoked.
b. Council will advise the licensee of ils decision in writing.
WIEN NO LICENSE REQUIRED
A license shall not be required if:
a. the products are grown or produce by a farmer resident in the Township who offers
for sale vegetable and fruit products from his or her own farm on the farm
properly.
b. The products are sold by a person who pays business taxes in the Township and
sells products normally sold in his or her premises; and the vendor has received
permission from the Township to sell within the designated area,
om The products are sold by a Registered Charitable Organization, or by any of the
following Service Organizations, such as Boy Scouts, Girl. Guides, local Chambers
of Commerce, local service clubs.
d. The products sold are in conjunction with and part of a community festival of the
Township, and permission has been provided by the Township to sell within the
celebration area.
OFFENSES AND PENALTIES
a. Every person who contravenes any provision of this by-law is, on conviction,
therefore guilty of an offence and shall be liable to a fine as provided under the
Provincial Offenses Act. ;
By-law9 6-50 ‘license and regulate refreshment vehicles and catering tnicks) Page 3
b. For the purpose of this by-law, each day of a continued offence shall be deemed to
be a separate offence.
13. ENACTMENT AND DURATION
This by-law shall come into force and effect on the date of passage by Council.
This By-law read a first and second time this 3<4¢ay of __ June | 1996,
Upona a .
motion by R. WALLACE
"G. MASON"
Seconded by
and carried )
Cabs ZL. C Ya] bas
[ee ecg sedan
Clerk M. A. Clark?
eed this oe aoa olquhoun
This By-law read a third time and finally passed this eee day of dank 1906
Upon a a .
motion by___2-_ BROWN
Seconded by _"R-_ WALLACE"
and carried
ante &. Lathes
Clerk M. A. Clark)
per Deputy Clerk B~- “Colquidun
96-50
By-law (icense and regulate refreshment vehicles and catering tnicks) Page6
Schedule “A”
License Application Form
The business license shall be in the following form:
Township of Adjala-Tosorontio
Business License Application Form
Name of Applicant:
Address (street):
Address (mailing), if different from above
Telephone (Home):
(Business):
Fax:
Name of Business:
Type of Business:
Location of Business (if not at the address noted above):
The applicant agrees not to conduct the business in a manner such as to cause nuisance or
inconyenience to the general public and failure to comply therewith will result in an immediate
revocation of the license issued therefor.
G hereby agree to the above tenns and conditions with By-
law and will comply therewith. I understand that any noncompliance will result in the
revoking of my license without refund of the fee paid.
Date:
signature of applicant
Approved for issue by:
Issuer of Licenses, Township of Adjala-Tosorontia
By-law 96-50
(license and regulate refreshment vehicles and catering trucks) Page7
Schedule “B”
License
TOWNSHIP OF ADJALA TOSORONTIO
BUSINESS LICENSE
This License is granted to:
of:
to carry on the business of:
in accordance with the terms of the application for business license.
| The Licensee shall duly observe and comply with all such by-laws, niles and regulations, matters
: and things as are, or may be, enacted by the Council of the Township of Adjala-Tosorontio.
| This License to continue in force until December 31, 19 z
Issued this day of ,19
Licensing Officer