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The Corporation of the Township of Brock
By-Law Number 2382-2011-PP
As Amended by
By-Law Number 2421-2012-FI
(consolidated version)
A By-Law For Licensing, Regulating and Governing Vehicles From Which
Refreshments are Sold for Consumption by the Public
Whereas pursuant to the provisions of Part IV of the Municipal Act, S.O. 2001,
as amended, the Council of the Township of the Brock may provide for a system
of licences with respect to businesses;
And Whereas Section 391 of the Municipal Act, S.O. 2001, as amended,
authorizes a municipality to pass by-laws imposing fees or charges for services
or activities provided or done by them;
Now Therefore the municipal Council of the Corporation of the Township of
Brock Enacts as Follows:
1.
For the purpose of this by-law:
(a) "Chip Truck" shall mean a mobile canteen which is also a motor
vehicle or a trailer which is equipped to be pulled by a motor vehicle
and from which food products, which are cooked within the vehicle or
trailer, and beverages, are sold. A chip truck shall not exceed
10 metres in length or 2.45 metres in width and shall not operate on
the street allowance.
(b) "Coffee Truck" shall mean a mobile canteen which is also a motor
vehicle or a trailer and from which food products that are prepared
elsewhere are sold. A coffee truck shall not exceed 6 metres in length
or 2.45 metres in width and shall not operate on the street allowance.
(c)
"Eating Establishment" shall mean a commercial establishment where
food prepared therein is offered for sale, but shall not include a mobile
canteen.
(d) "Hot Dog Cart" shall mean a mobile canteen which is not propelled by
any motorized means and from which food products which are cooked
within the vehicle, and beverages, are sold. A hot dog cart shall not
exceed 2.45 metres in length or 1.5 metres in width and shall not
operate on the street allowance.
(e) "Ice Cream Cart" shall mean a mobile canteen which is not propelled
by any motorized means and from which ice cream, frozen milk or
frozen water products are sold. An ice cream cart shall not exceed
2.45 metres in length or 1.5 metres in width.
(f)
"Mobile Canteen" shall mean any vehicle whether mechanically
propelled or otherwise from which refreshments are sold for
consumption by the public and shall include chip trucks, coffee trucks,
hot dog carts and ice cream carts.
(g) "Operate" shall mean the selling or offering for sale of refreshments
from such vehicle but shall not preclude the delivery of refreshments.
(h) "Prohibited Area" shall mean any area on which the public is prohibited
from parking.
Page - 2 - of 4
(i)
"Sidewalk" shall mean all such parts of the street allowance as are set
aside by the Corporation for the use of pedestrians or used by the
general public for the passage of pedestrians and includes boulevard
and a pedestrian walkway.
(j)
"Street Allowance" shall mean the entire right-of-way of a common and
public highway, street, avenue, driveway, square, place, bridge,
viaduct, or trestle, designed and intended for or used by the general
public for the passage of vehicles.
(k)
"Urban Areas" are defined as Beaverton, Cannington or Sunderland,
as referenced in the Township of Brock Official Plan, as amended.
Conditions for Issuance
2.
No person or persons (which terms shall include a partnership or
corporation) shall operate a mobile canteen in the Township of Brock
without first having been issued a licence to do so as hereinafter provided.
3.
Every application for a licence shall be in writing, addressed to the licensing
officer of the Corporation and shall set forth the following:
(a) The name and address of the applicant;
(b) If the applicant is a partnership, the name and addresses of all persons
associated in the partnership; and
(c)
A description of the vehicle including all equipment installed or to be
installed therein for use in the preparation, storage and dispensing of
refreshments.
4.
The licensing officer shall forthwith forward a copy of the application to the
Region of Durham Health Department and to the Township Fire Chief each
of whom shall cause an inspection of the vehicle and equipment to be
made.
5.
Following receipt of certificates from the Region of Durham Health
Department and the Fire Chief that they approve of the vehicle and
equipment for the purpose for which it is to be used, the licensing officer
shall issue a licence to the applicant upon payment of a fee in accordance
with the "Fees By-law" as amended from time to time, and providing all
other provisions of this by-law are complied with. All licenses shall expire
on December 31st.
6.
Where applicable, the mobile canteen shall comply with the Fire Code under
the Fire Marshals Act, R.S.O. 1990, c. F.17, the Propane Storages,
Handling and Utilization Code, Ontario Regulation 825/82 under the Energy
Act, R.S.O. 1990, c. E.16, as amended, or any regulation passed in
substitution therefor.
7.
A licensee shall keep his or her vehicle and equipment and the place where
food is prepared in a clean, sanitary and satisfactory condition and shall
comply with the requirements of the Laboratory and Specimen Collection
Centre Licensing Act, R.S.O. 1990, c. L.1, as amended, and regulations
made thereunder respecting eating establishments and shall at all times
permit the Region of Durham Health Department to inspect the vehicle, and
there may be a regular monthly inspection of all vehicles licensed under this
by-law.
8.
Where reports have been received from the Region of Durham Health
Department and the Fire Chief in respect of a mobile canteen, and the
Page - 3 - of 4
licensing officer has issued a licence based on the reports, the licensee
shall ensure that no modifications are made to the mobile canteen, or
equipment placed therein, without the prior approval of the licensing officer.
9.
A licence shall be valid for the calendar year in which it is issued and may
not be transferred or assigned. In the event a licence is issued between
August 1st and December 31st of any year, the fee shall be 50% of the
annual fee.
10. A licence shall be issued with respect to one vehicle only and shall be at all
times affixed to the vehicle for which it has been issued.
11. Prior to beginning operation of a mobile canteen, a licensee shall file with
the licensing officer proof of insurance for public liability in the amount of not
less than One Million ($1,000,000.00) Dollars public liability inclusive of
bodily injuries, property damage and accident benefits and including
damage occasioned by any accident arising out of the operation of the
refreshment vehicle in respect of which a licence is obtained.
12. The proof of insurance shall include a provision therein or an endorsement
thereon that the licensing officer will be given at least ten days' notice in
writing of any cancellation, expiration or variation in the policy.
13. Prior to beginning operation of a mobile canteen located on land which
abuts a highway under the jurisdiction of the Province of Ontario or is within
a distance of a highway or land which is regulated by the Province of
Ontario through the Ministry of Transportation, Ontario, a licensee shall file
with the licensing officer written confirmation of acceptance of the intended
location of the mobile canteen from the Ministry of Transportation, Ontario,
or its successor.
Number and Classes of Licence
14. No more than the following number of licensees shall be permitted and
licences shall be issued each year:
(a) Chip Truck - a maximum of two licensees shall be permitted in each of
the three urban areas with each licensee permitted a maximum of one
licensed vehicle in such urban area. A further six licences for one
licensed vehicle per licensee may be issued for operation in the
remainder of the municipality outside the urban areas.
(b) Hot Dog Cart - a maximum of two licensees shall be permitted in each
of the three urban areas with each licensee permitted a maximum of
two licensed vehicles in such urban area. A further twelve licences for
one licensed vehicle per licensee may be issued for operation in the
remainder of the municipality outside the urban areas.
(c)
Coffee Truck - a maximum of four licensees with each licensee
permitted a maximum of two licensed vehicles should be allowed
throughout the municipality.
(d) Ice Cream Cart - a maximum of two licensees shall be permitted in
each of the three urban areas with each licensee permitted a maximum
of two licensed vehicles in such urban area. A further twelve licences
for one licensed vehicle per licensee may be issued for operation in the
remainder of the municipality outside the urban areas.
15. Previous owners will be given the first opportunity to reapply for licences but
must reapply by March 1 of each year, otherwise, licences will be issued on
a first-come, first-served basis.
Page - 4 - of 4
16. Notwithstanding Sections 14 and 15 above, the Council of the Corporation
of the Township of Brock may authorize the issuance of additional mobile
canteen licences to non-profit or volunteer organizations subject to any
regulations or rules council deems appropriate. Mobile canteen licences for
non-profit or volunteer organizations shall be exempt from paying licence
fees. Licensed mobile canteens may be used for this purpose at the
request of non-profit or volunteer organizations for special events.
Location Regulations
17. A licensee shall not operate on any residential lands within the urban areas.
18. Notwithstanding any provisions of permit parking of vehicles within the
Township of Brock, a mobile canteen other than an ice cream cart shall not
operate on any portion of a street allowance. An ice cream cart shall not
operate on any portion of the street allowance other than the portion on
which vehicles travel without prior approval by the Council of the Township
of Brock, and only under such regulations as may be set by the said
Council.
19. No mobile canteen shall be parked in any park within the Township of Brock
under the jurisdiction of the Township of Brock unless prior permission is
received from the Township of Brock and then only under such regulations
as may be set by the said Council.
20. No mobile canteen shall be parked for the purpose of vending goods or
refreshments within a distance of 50 metres of any eating establishment.
Regulations
21. Every owner of a mobile canteen shall ensure that the garbage or litter
resulting from his or her vending activity is collected for recycling or
disposal, and shall provide receptacles for such purposes. In addition,
every owner of a mobile canteen shall ensure that such garbage and litter is
removed from the area of operation.
22. Any person who contravenes any of the provisions of this by-law shall on
conviction of an offence be liable to a penalty (exclusive of costs) as
provided by the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
23. If it is shown to the satisfaction of the Council of the Corporation of the
Township of Brock that a licensee has failed to comply with any of the
provisions of this by-law, the Council, by resolution passed at any meeting
thereof, may revoke any licence issued hereunder.
24. That By-Law Number 2019-2006-PP of the Corporation of the Township of
Brock is hereby repealed.
25.
This by-law shall come into force and take effect on the final passing
thereof.
This By-Law Read Twice This 21st Day of November, A.D., 2011.
Original Signed
Original Signed
Mayor W. Terry Clayton
Clerk Thomas G. Gettinby
This By-Law Read a Third Time and Finally Passed This 21st Day of November,
A.D., 2011.
Original Signed
Original Signed
Mayor W. Terry Clayton
Clerk Thomas G. Gettinby