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THE CORPORATION OF THE
MUNICIPALITY OF ARRAN-ELDERSLIE
By-law 20-2025
Being a By-law to Regulate Refreshment Vehicles in the
Municipality of Arran-Elderslie
WHEREAS Section 5(3) of the Municipal Act, 2001, c .25, as amended, provides
that a municipal power, including a municipality's capacity rights, powers and
privileges under section 9, shall be exercised by By-law; and
AND WHEREAS Section 150 (1) of the Municipal Act, R.S.O., 2001, c.25,
authorizes Councils to pass By-laws to license, regulate and govern any business
wholly or partly carried on within the municipality even if the business is carried
on from a location outside the municipality;
AND WHEREAS Section 150 (8) of the Municipal Act, R.S.O., 2001, c. 25, without
limiting subsection (1), the power to license, regulate and govern a business
included the power,
a) To prohibit the carrying on of or engaging in the business without a
licence;
b) To refuse to grant a licence or to revoke or suspend a licence;
c) To fix the expiry date for a licence;
d) To define classes of businesses and to separately licence, regulate and
govern each class;
e) To impose conditions as a requirement of obtaining, continuing to hold
or renewing a licence, including conditions.
AND WHEREAS Council passed Resolution 85-05-2025 adopting the Refreshment
Vehicle policy.
NOW THEREFORE the Council for the Corporation of the Municipality of Arran-
Elderslie enacts as follows:
1.0
DEFINITIONS
1.1 Food Vending - shall mean the sale of prepared foods ready for human
consumption and shall include but not be limited to such items as hotdogs,
sausages, French fries and assorted condiments
1.2 License - means a license issued pursuant to this by-law.
1.3 Licensee - means a person licensed under this by-law.
1.4 Location - means a position or site occupied or available for occupancy where
food vending is permitted.
1.5 Medical Officer of Health - means the Medical Officer of Health for the Bruce
Grey-Owen Sound Health Unit.
1.6 Municipality - means the Corporation of the Municipality of Arran-Elderslie.
1.7 Refreshment Vehicle - shall mean a vehicle, which is on wheels and is capable
of being moved from place to place by a person and includes a refrigerated
bicycle cart or hot dog cart.
1.8 Year - shall mean calendar year being January 1st to December 31st.
1.9 Refrigerated Bicycle Cart shall mean a manually propelled bicycle or tricycle
vehicle which pre-packaged ice-cream, ice-cream cones and other iced
confectionery products are offered for sale or sold to the public.
1.10 Clerk shall mean the Clerk of the Municipality of Arran-Elderslie or their
delegate
2.0 REGULATIONS
2.1 No person shall operate for personal gain food vending in the Municipality
without first having obtained a license pursuant to this By-Law.
2.2 No person shall operate a refreshment vehicle in a location other than that
specified on Schedule "A" of this By-Law.
2.3 No person shall operate a refreshment vehicle within 90m of a restaurant
serving similar items. Should a refreshment vehicle receive a license prior to a
similar establishment opening, the license will remain valid for the remainder of
the season
2.4 License fees pursuant to this By-Law shall be as established by the
Municipality of Arran-Elderslie's Fees and Charges By-Law as amended from time
to time.
2.5 No Licensee's refreshment vehicle shall be located in such a manner that
unreasonably confines, impedes or presents a hazard to pedestrians or other
users of a sidewalk, untraveled portion of a municipal road allowance or
municipal park.
2.6 Every refreshment vehicle used for food vending shall not exceed the
dimensions of 27 square meters.
2.7 The Licensee shall ensure that their refreshment vehicle is equipped with a
metal refuse container with a self-closing lid, and such container shall be kept in a
clean sanitary condition and emptied at least once daily.
2.8 The Licensee shall ensure that their refreshment vehicle is equipped with a
clearly marked recyclable container, with a self-closing lid, for cans and glass.
2.9 All refuse generated by the operation of a refreshment vehicle shall be
disposed of in accordance with the Waste Management By-law.
2.10 The Licensee shall ensure that the refreshment vehicle and all parts and
equipment for use in the dispensing of food are maintained in a clean and
sanitary condition and at all times in good repair.
2.11 The Licensee shall comply with all applicable regulations of the Fire code and
all requirements of the Arran-Elderslie Emergency Services Department.
2.12 No License shall be transferred except with consent in writing of the
Municipality. The Municipality shall not be bound to give such consent.
2.13 The Licensee shall be solely responsible to pay any license or other fees that
may be required by other agencies that have an interest in the lands upon which
the license operates.
2.14 No Licensee shall operate a refreshment vehicle in a location where the
operation of the refreshment vehicle would conflict with an existing agreement of
Council or any of its Committees or Boards.
2.15 No Licensee shall operate a refreshment vehicle between the hours of
11:00pm and 8:00am of the next day.
2.16 No refreshment vehicle shall be equipped with any sounding device, loud
speakers, amplifiers or other hailing devices for attracting attention.
2.17 Any lighting on a refreshment vehicle shall be only for the purpose of normal
illumination.
2.18 A Licensee shall comply with all applicable provisions and regulations under
the Health Protection and Promotion Act.
2.19 A licensee shall comply with the Sight Visibility Triangles in the applicable
Municipal Zoning By-law.
2.20 A Refrigerated Bicycle Cart or Hot Dog Cart is not to operate on any arterial
roads within the municipality, must remain stationary when in service.
3.0 ADMINISTRATION
3.1 Every application for a license shall be accompanied by a completed form.
3.2 Every application for a license shall be accompanied by a sketch or photograph
or similar facsimile of the refreshment vehicle, and a site plan showing location of
the lot.
3.3 Every applicant, prior to issuance of a license, shall provide a copy of their
insurance policy which specifies the following:
3.3.1 The Licensee shall have an insurance policy providing general liability
insurance in the minimum amount of $1,000,000.
3.3.2 The Municipality may as necessary be named as an additional insured.
3.3.3 The policy shall contain cross-liability coverage whereby the Municipality is
indemnified against all liabilities, which in any way arise from any activity
authorized by the license.
3.3.4 The policy shall provide that 30 days prior written notice shall be provided
to the Municipality in the event of any material amendment to or cancellation of
the policy.
3.4 Each License application shall be approved by the Clerk or designate of the
Municipality of Arran-Elderslie.
3.5 The Municipality reserves the right to limit the number of Refreshment
Vehicles permitted every year.
3.6 Community Events that require food provisions are exempt from obtaining a
Refreshment Vehicle License subject to providing the following:
i.
Authorization from the Community Event Organizers indicating the
requirement for food provisions
ii.
Sketch or photograph or similar facsimile of the refreshment vehicle,
and a site plan showing proposed location
iii.
Proof of Insurance
iv.
Proof of approval from an associated Fire and Emergency Services to
the satisfaction of the Fire Chief
v.
Proof of approval from an associated Health Unit to the satisfaction of
the Clerk
4.0 SUNDRY
4.1 Every person who contravenes any provision of this By-Law:
i.
is guilty of an offence; and,
ii.
upon conviction therefore is liable to a fine or penalty of not more than Five
Thousand ($5,000.00) Dollars as prescribed in The Provincial Offenses Act,
R.S.O. 1990, C.P.33, as amended.
4.2 The By-Law shall come into full force and effect upon its final passage.
4.3 The By-Law may be cited as the "Refreshment Vehicle By-Law"
*****
Read the first and second time this 24th day of March 2025.
Read a third time and finally passed this 24th day of March 2025.
ORIGINAL Signed by Mayor Steve Hammell and Clerk - Christine Fraser-McDonald
Schedule 'A'
All Lands defined in the Comprehensive Zoning By-Law (as amended)
Hamlet Commercial (HC)
Commercial Zones (C1, C2, C3, C4)