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BY-LAW NO. 48-2025
A BY-LAW OF THE COUNCIL OF THE CORPORATION OF THE TOWN OF
CARLETON PLACE TO PROVIDE FOR THE LICENSING, REGULATING, AND
GOVERNING OF REFRESHMENT VEHICLES WITHIN THE TOWN OF CARLETON
PLACE, AND TO REPEAL BY-LAW 50-2020.
WHEREAS pursuant to Section 150 and 151 of the Municipal Act, 2001, S.O. 2001, c.
25, Part IV, a municipality may provide for a system of licences with respect to any
business wholly or partly carried on within the municipality, including the sale or hire of
goods or services on an intermittent or one-time basis;
AND WHEREAS pursuant to section 11(2) of the Municipal Act, 2001, a municipality
may exercise its licensing powers for the purpose of consumer protection and to protect
the health and safety of the general public;
AND WHEREAS Council has determined it is desirable to repeal and replace By-law
50-2020 with the Licencing Requirements and Procedures outlined herein;
NOW THEREFORE the Council of the Corporation of the Town of Carleton Place enacts
as follows:
1. DEFINITIONS
1.1. For this By-law, the following definitions shall apply:
"Administrative Monetary Penalty" or "AMP" means a monetary penalty
imposed under the Town of Carleton Place Administrative Monetary
Penalty System By-law as may be amended from time to time, in lieu of
prosecution under the Provincial Offences Act.
"Authorized Signatory (for Minors)" means a parent or legal guardian
who provides written consent and assumes joint responsibility for a licence
application submitted by a person under the age of 18.
"Clerk" means the Clerk of the Town of Carleton Place or their designate.
"Community Special Event" means an event hosted or sponsored by the
Town of Carleton Place or Committee thereof, the Carleton Place Chamber
of Commerce, the Carleton Place Business Improvement Association.
"Dwelling Unit" means a building occupied or capable of being occupied
as the home or residence of one or more persons, where food preparation
and sanitary facilities are provided, but shall not include a boarding house,
hotel, motel, or similar commercial use of a private or semi-private
institution.
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"Eating Establishment" means a building or part thereof where food is
offered for sale for immediate consumption or take-out, including
restaurants, cafes, ice cream parlors, or coffee shops. This does not
include grocery stores, gas stations, convenience stores, etc.
"Health Unit" means the South East Health Unit formerly known as the
Leeds, Grenville and Lanark District Health Unit.
"Licence" means a document issued by the Clerk under the authority of this
By-law, permitting the operation of a Refreshment Vehicle in accordance
with its terms and conditions.
"Material Change" means a significant alteration to the operation,
Ownership, or physical characteristics of a Refreshment Vehicle that directly
affects compliance with this By-law, including:
a) a change in vehicle Ownership or primary Operator;
b) a change in the primary operating location (Class 1 Vehicles - See
Section 5.1) or a relocation requiring new Health Unit approval or Fire
inspection certificate;
c) a modification to cooking, refrigeration, or safety equipment requiring
updated inspection certificates;
d) any change invalidating required documentation (e.g., insurance, health
unit approval).
e) Minor adjustments (e.g., cosmetic repairs, small equipment upgrades not
affecting safety) are excluded unless they trigger new regulatory
requirements.
"Motorized" means a vehicle propelled by an engine or motor, requiring
registration and plating under the Highway Traffic Act, R.S.O. 1990, c. H.8,
as amended.
"Non-Motorized" means a vehicle propelled by human power (e.g.,
bicycle, cart) not requiring registration under the Highway Traffic Act.
"Officer" means any person appointed to enforce Town by-laws and shall
include Municipal Law Enforcement Officers and Ontario Provincial Police
Officers.
"Operator" means the individual responsible for the day-to-day operation
and management of a Refreshment Vehicle, including compliance with this
By-law. The Operator may also be the Owner, or a separate individual
designated by the Owner. Where both are referenced, "Owner/Operator"
refers to both parties collectively or party where responsibilities overlap.
"Owner" means the person or entity that owns the Refreshment Vehicle
business or equipment.
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"Private Event" means a gathering or assembly on Private Property that
meets all of the following criteria:
a) Attendance is restricted to invited guests only, with no general public
admission, advertisement, or solicitation;
b) The event is organized by or on behalf of the property Owner or lessee;
c) No fee is charged for entry or participation other than to recover costs of the
event; and
d) The event is not a Community Special Event as defined in this By-law.
"Private Property" means any land or premises not owned, controlled, or
maintained by the Town of Carleton Place, including but not limited to
commercially zoned properties, residential properties, and industrial lands, but
excluding any portion of such property that falls within the Public Right-of-
Way.
"Public Right-of-Way" means land owned, controlled, or maintained by the
Town of Carleton Place, which is open to the general public for the purposes
of pedestrian or vehicular travel, and includes, but is not limited to, sidewalks,
boulevards, roads, highways, and municipal parking lots, but excludes Town
Property designated for specific uses inconsistent with Refreshment Vehicle
operations (e.g., sports fields, playgrounds, or landscaped areas).
"Recreation and Culture Department" means the Recreation and Culture
Department of the Town of Carleton Place.
"Refreshment Vehicle" means a motorized or non-motorized vehicle,
including trailers, food trucks, food trailers, pushcarts, and bicycles, whether
self-propelled or towed, from which refreshments are prepared, sold, or
offered to the public for immediate consumption.
"Safe Operation of the Refreshment Vehicle" means the management and
use of a Refreshment Vehicle in a manner that:
a) prevents risks to public health and safety, as confirmed by Health Unit
approval and, if applicable, Carleton Place Fire Department inspection;
b) ensures the vehicle remains structurally sound and free of hazards; and
c) complies with all provisions of this By-law.
"Single Day Licence" means a licence issued for single day events that are
not Community Special Events as defined in this By-law.
"Town" means the Corporation of the Town of Carleton Place (hereinafter
referred to as the Town).
"Town Property" means all lands owned or operated by the Town of Carleton
Place, including roads, parks, and event spaces.
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2. GENERAL
2.1. No person shall operate a Refreshment Vehicle within the Town of
Carleton Place unless they have obtained a valid Refreshment Vehicle
Licence pursuant to this By-law.
3. ADMINISTRATION
3.1. To obtain a Licence, an Applicant shall submit a complete application on
the forms prescribed by the Clerk and shall supply any other information
relating to that application as required.
3.2. The Clerk is not required to consider an application until the Applicant has
provided all required documentation. Receipt of an application does not
represent approval, nor shall it obligate the Town to issue or renew a
Licence.
3.3. Applicants may be an individual or corporation. Corporate applicants shall
designate a responsible Operator.
3.4. A complete application shall include:
a) A completed and signed Refreshment Vehicle Licence application as
prescribed by the Clerk.
b) A letter, lease agreement or other proof of approval from the property
Owner to operate at the proposed location, if on private property
(Schedule C).
c) A description in detail of the products to be sold.
d) A letter of approval from the Health Unit.
e) A letter of approval from the Carleton Place Fire Department (if
applicable) which shall confirm compliance with the applicable Fire
Code standards and equipment safety.
f) Proof of Ownership (Class 1 and 2 Vehicles only).
g) A list of all proposed operating location(s) for the season (Class 1 only).
h) A completed Owner/Operator Attestation (Schedule B).
i) A letter of consent from any Eating Establishment that is within 30
metres of the operating location.
j) Proof of insurance details and required insurance levels are set out in
Schedule E of this By-law and vary by class of vehicle.
k) Statement of indemnification as detailed in Schedule E of this By-law.
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l) A completed Parental/Guardian Consent Form (Schedule D) (if the
applicant is under the age of 18) signed by an authorized signatory who
shall assume legal responsibility for compliance with this By-law. The
Clerk may refuse to issue a licence where no such consent is provided.
m) Any other documentation required by the Clerk.
4. REFRESHMENT VEHICLE CLASSIFICATIONS
4.1. Under this By-law, there are three (3) Refreshment Vehicle classifications:
a) Class 1 - Motorized Refreshment Vehicle operating from a fixed
location.
b) Class 2 - Motorized Refreshment Vehicle operating from multiple
locations within the Town.
c) Class 3 - Non-motorized/operated under human power - may be mobile
or operating from a fixed location. Examples include carts and bicycles.
5. LICENCE DURATION
5.1 Licences issued under this By-law shall be available for the following
durations:
a) Annual - Valid for the calendar year in which it is issued.
b) Late Season - Valid from August 1 to December 31.
c) Monthly - Valid for one (1) calendar month.
d) Single Day - Valid for a specific date.
5.2. At the discretion of the Clerk, a one-time grace period of up to 14 calendar
days may be granted to holders of Daily or Monthly Licences impacted by
severe weather conditions. A written request shall be submitted within three
(3) business days of the affected date, and supporting documentation may
be required.
6. LICENCE ISSUANCE PROCESS
6.1. Complete applications shall be reviewed by the Clerk (or their designate)
within 10 business days.
6.2. Applications may be submitted online through the Town's website or in
person.
6.3. If all requirements of this By-law are met, the Clerk shall issue the licence.
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6.4. Notwithstanding 4.3, if the application is deficient, the Clerk shall, within the
same 10 days, provide a written refusal with reasons and any required
corrective actions.
6.5. No licence shall be issued to any person under the age of 18 unless
accompanied by a completed and signed Parental/Guardian Consent Form,
as set out in Schedule D.
6.6. No licence issued under this By-law shall extend beyond December 31 of the
year in which it is issued regardless of the licence duration.
6.7. Licences may be renewed annually upon submission of a new application
and payment of applicable fees
6.8. No licence shall be issued until the required fee has been paid in full.
7. SITE STANDARDS AND SETBACKS
7.1. No Operator of a Refreshment Vehicle shall operate within the following site
standards unless otherwise approved in writing by the Clerk:
a) 15 metres of a fuel dispensing station or propane tank;
b) 30 metres of the property line of an Eating Establishment unless written
consent is provided by the Eating Establishment Owner;
c) Five (5) metres of a street intersection; or
d) 12 metres of the traveled portion of a highway, measured from the
closest property line.
7.2. No Operator of a Refreshment Vehicle shall obstruct entrances, exits,
sidewalks, driveways, or fire routes;
7.3. Every Operator of a Refreshment Vehicles shall operate in a location that is
in accordance with the Town's Development Permit By-law.
8. LICENCE CONDITIONS and OPERATING STANDARDS
8.1. The Clerk may impose additional conditions in the interest of public safety.
8.2. Every Refreshment Vehicle equipped with cooking or heating equipment
shall be subject to inspection by the Carleton Place Fire Department. The
inspection shall verify compliance with applicable fire safety requirements,
including commercial-grade appliances, ventilation systems, suppression
equipment, and propane safety. No licence shall be issued without a valid fire
inspection certificate.
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8.3. All Refreshment Vehicles equipped with cooking or heating equipment shall
be subject to re-inspection by the Carleton Place Fire Department on an
annual basis, prior to the renewal of any Licence. No renewal shall be issued
without a valid inspection certificate dated within the current calendar year.
8.4. Operators shall make reasonable efforts to ensure that their Refreshment
Vehicle operations are accessible to persons with disabilities, in accordance
with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its
regulations. This includes ensuring unobstructed paths of travel, providing
customer service in an accessible manner, and responding appropriately to
accessibility-related feedback.
8.5. Every Operator shall:
a) Maintain the area within 15 metres of the Refreshment Vehicle in a clean
and litter-free condition;
b) Provide and maintain adequate waste and recycling receptacles on site;
c) Ensure all waste is removed daily and shall not dispose of waste in
public receptacles maintained by the Town.
8.6. Every Operator of a Refreshment Vehicle shall display the Licence issued by
the Clerk at all times and shall present this Licence on demand for inspection
by an Officer.
8.7. No Operator shall vend from a Refreshment Vehicle between the hours of
11:00 p.m. and 7:00 a.m.
8.8. Separate Licences shall be required for each Refreshment Vehicle in
operation within the Town.
8.9. Refreshment Vehicle Licences shall not be transferred to a successor or
assignee.
8.10. No Operator of a Refreshment Vehicle shall:
a) use external gasoline, diesel, propane, or natural gas generator unless
inspected and approved by the Fire Department;
b) vend on municipal property without written authorization from the
Recreation and Culture Department, except as provided in Section 10;
c) relocate a Class 1 Refreshment Vehicle without prior written approval
from the Clerk.
Page 8 of 14
8.11. Every Refreshment Vehicle shall display the business name on two sides of
the vehicle in letters no less than 10 centimeters high.
8.12. Every Refreshment Vehicle shall be maintained in a clean and structurally
sound condition.
8.13. All Refreshment Vehicles shall be capable of immediate relocation upon
request by an Officer.
8.14. Trailers shall be hitched to an operational towing vehicle or able to be
immediately attached.
9. EXEMPTIONS FOR PRIVATE PROPERTY OPERATIONS
9.1. This By-law shall not apply to a Refreshment Vehicle operating at a Private
Event on private property and shall be exempt from the licencing
requirements of the By-law, provided:
a) Refreshments are not sold or offered to the public;
b) Refreshments are only available to persons attending the private event;
c) the event lasts no more than 24 consecutive hours; and
d) the Operator complies with all applicable federal, provincial, and
municipal health, fire, and safety regulations.
9.2. An example of where Section 7.1 may apply would be a Refreshment Vehicle
hired to cater a wedding or private reception at a private location, or a
location where the Refreshment Vehicle is not available to the public.
10. PROHIBITED ON SOLELY RESIDENTIAL PROPERTIES
10.1. Except as provided in Section 7, no person shall operate a Refreshment
Vehicle on any private property that is exclusively or predominantly for used
for residential dwelling units, including single detached dwellings, semi-
detached dwellings, townhomes or apartment dwellings.
11. COMMUNITY SPECIAL EVENTS
11.1. Refreshment Vehicles operating solely under a Town-issued contract or
formal invitation for Community Special Events shall be exempt from the
licensing requirements of this By-law for the event duration.
12. RIVERSIDE PARK
12.1. The Town may issue up to two (2) annual Class 1 licences for Riverside Park
each year. Applications for these licences shall be accepted from January 1
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to June 1 (or as otherwise set by the Clerk) and shall be processed on a first-
come, first-served basis from complete applications.
12.2. A letter of approval from the Manager of Recreation and Culture for a site-
specific location within Riverside Park shall be submitted to the Clerk with the
complete application.
12.3. The letter from the Manager of Recreation and Culture may state any
conditions that the Manager of Recreation and Culture deems appropriate.
12.4. Permission to operate within Riverside Park may be revoked at any time by
the Manager of Recreation and Culture upon any breach of the terms and
conditions established by the above letter of permission. The Clerk shall be
notified of any revocation in writing.
13. PUBLIC PROPERTY
13.1. Refreshment Vehicles operating on public rights-of-way or Town Property:
a) Shall not remain stationary at any single location for more than 30
consecutive minutes, including setup, vending, and cleanup time, unless
otherwise authorized in writing by the Clerk for exceptional
circumstances.
13.2. After remaining stationary for a 30-minute period, the Refreshment Vehicle
shall vacate the location and not return to that same location for at least one
(1) hour.
13.3. Operators shall ensure the Refreshment Vehicle is fully mobile and departs
immediately upon completion of the 30-minute period, leaving no equipment
or waste behind.
13.4. Operators requiring extended preparation or service time are encouraged to
operate on private property designated commercial or mixed-use, where time
restrictions do not apply unless specified by the property Owner.
13.5. The 30-minute period begins when the vehicle stops moving and
commences setup or vending, as observed by an Officer or self-reported by
the Operator.
13.6. Time limits under this subsection do not apply to Class 2 Vehicles operating
under a Town-issued contract or invitation for Community Special Events,
per Section 9.
13.7. Time limits do not apply to Refreshment Vehicles operating under specific
municipal authorizations, such as Riverside Park licences (Section 10).
Page 10 of 14
14. MATERIAL CHANGES
14.1. All Operators shall report Material Changes to the Clerk as follows:
a) Changes requiring prior approval (e.g., new cooking equipment or
primary location shifts) shall be submitted in writing or electronically at
least five (5) business days before implementation, with updated
documentation if applicable.
b) Changes requiring notification only (e.g., Ownership or Operator
updates) shall be reported within 10 business days of occurrence via a
prescribed form or email.
14.2. Failure to report a Material Change as required by this By-law shall constitute
an offence. In addition to any penalties imposed, the Clerk may suspend or
revoke the Licence or require the submission of a new application.
15. AUTHORITY AND OFFENCES
15.1. Every person who contravenes any provision of this By-law is guilty of an
offence and, upon conviction, is liable to a fine as provided under the
Provincial Offences Act and the Municipal Act, 2001.
15.2. Where applicable, a contravention of this By-law may alternatively be
addressed by way of an Administrative Monetary Penalty in accordance with
the Town's Administrative Monetary Penalty System By-law.
15.3. An Officer may require relocation for public safety, accessibility, or
operational reasons.
15.4. Failure to relocate promptly is an offence and may result in immediate
licence suspension.
15.5. Where a Refreshment Vehicle is operating without a valid Licence in
contravention of this By-law, an Officer may order the immediate cessation of
operation and, where permitted by law, may cause the vehicle or equipment
to be removed from the site at the Owner's expense.
16. SUSPENSION, REVOCATION OR REFUSAL OF LICENCE
16.1. Where, in the opinion of the Clerk or an Officer, the operation of a
Refreshment Vehicle presents a risk to public safety, obstructs access, or
causes significant public disruption, the vehicle may be ordered to relocate,
cease operation temporarily, or be removed from the site.
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16.2. Non-compliance with Section 14.1 may result in immediate suspension or
revocation of the licence.
16.3. The Clerk may suspend or revoke or refuse to issue or renew a Licence on
the following grounds:
a) Receipt of an incomplete application, or receipt of false, or misleading
information;
b) failure to meet safety, health, or Fire Code standards;
c) lapsed insurance;
d) failure to comply with the requirements of the Town's by-laws;
e) failure to comply with any applicable law;
f) repeated established complaints;
g) written notice has been received from the Medical Officer of Health, or
the Technical Safety Standards Association stating that the Refreshment
Vehicle is operating contrary to required standards.
h) public health, safety, or consumer protection is deemed to be at risk.
16.4. Where a Licence is revoked or suspended, the Operator shall be served
notice of non-compliance by an Officer. The notice shall include the
reason(s) for the action and shall be delivered in writing to the address
provided on the Licence application. The effective date of the suspension or
revocation shall be the date of service unless otherwise specified in the
notice.
16.5. Where a Licence is refused, the Clerk shall inform the applicant in writing.
16.6. Where a Licence is revoked or suspended, the Operator shall be served
notice of non-compliance by an Officer.
16.7. Refunds shall not be provided for revoked licences.
17. ENFORCEMENT AND PENALTIES
17.1. Where a licence is issued to a minor with parental or guardian consent, the
parent or guardian shall be deemed jointly responsible for any infractions,
penalties, or enforcement actions arising from the operation of the
Refreshment Vehicle.
17.2. This By-law shall be enforced by Officers appointed by the Town of Carleton
Place and/or by an Officer of the Ontario Provincial Police.
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17.3. Any person operating a Refreshment Vehicle shall promptly submit proper
identification to an Officer upon request. Failure or refusal to do so is an
offence.
17.4. No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer
exercising their authority or performing a duty under this By-law.
17.5. Each Person who contravenes any provision of this By-law or fails to comply
with an order issued in accordance with this By-law, shall, upon issuance of a
penalty notice in accordance with the Town's most recent Administrative
Monetary Penalty By-law as amended from time to time, be liable to pay to
the Town an Administrative Penalty.
17.6. Every Person who is in contravention of the provisions of this By-law may
request a review of the matter in accordance with the Administrative
Monetary Penalty By-law.
17.7. Officers may inspect Refreshment Vehicles at any reasonable time during
business hours or while the vehicle is in operation.
17.8. Upon finding a correctable violation, Officers shall issue a notice requiring
correction within 72 hours for the first offence.
17.9. If not corrected within 72 hours, or if the violation is repeated, the Officer may
issue an Administrative Monetary Penalty (AMP) or suspend/revoke the
licence with written notice to the licencee.
17.10. In cases of prohibited activity (e.g., unlicenced operation), the Officer may
immediately order cessation and impose an AMP.
18. APPEALS AND DISPUTE RESOLUTION
18.1. Any person who is denied a Licence or whose Licence is suspended or
revoked may appeal that decision by filing a written appeal to the Clerk within
fifteen (15) calendar days of the date of the notice of decision. The Clerk
shall schedule a hearing before the Appeals Committee within 30 calendar
days of receiving a complete appeal submission.
18.2. Filing an appeal does not suspend the revocation unless the Appeals
Committee determines otherwise at the hearing.
18.3. The Committee of the Whole shall be designated as the Appeals Committee
for this By-law.
18.4. The Appeals Committee has the power to affirm the decision of the Clerk to
refuse, suspend or revoke the Licence, or to direct the Clerk to issue,
Page 13 of 14
renew or reinstate the Licence. The Appeals Committee may also direct
the Clerk to impose certain conditions.
18.5. Decisions of the Committee are final.
18.6. Owners or Operators may dispute an AMP by requesting a screening within
15 days of the penalty notice, in accordance with the Town's Administrative
Monetary Penalty System By-law.
19. FEES
19.1. Fees payable under this By-law shall be as set out in the Town of Carleton
Place most recent Fees and Charges By-law, as amended.
19.2. Refunds shall not be issued for Licences that are voluntarily surrendered or
withdrawn by the Operator unless the withdrawal is due to an error or
omission on the part of the Town. Refunds shall also not be issued for
unused portions of a Licence term.
20. SEVERABILITY
20.1. This By-law operates in conjunction with, and does not supersede, federal or
provincial legislation.
20.2. This By-law operates in conjunction with the town of Carleton Place
Development Permit By-law, and all Refreshment Vehicles shall comply with
its applicable regulations.
20.3. If any section, clause, or provision of this By-law is found to be invalid by a
court of competent jurisdiction, the remaining sections shall remain in full
force and effect.
21. SHORT TITLE
21.1. This By-law may be cited as "The Refreshment Vehicles By-law."
22. SCHEDULES
22.1. The following schedules are attached to and form part of this By-law:
Schedule A - Licence Application Form
Schedule B - Owner/Operator Attestation
Schedule C - Authorization for Refreshment Vehicle Operation on Private
Property
Schedule D - Parental/Guardian Consent Form
Page 14 of 14
Schedule E - Insurance and Indemnification Requirements
23. REPEAL
23.1. By-law No. 50-2020 is hereby repealed upon the effective date of this By-law.
24. Effective Date
24.1. This By-law shall come into force and effect on the day of its passing.
24.2. Licences issued under By-law 50-2020 shall remain valid until they expire,
after which renewal shall follow the new By-law.
READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY
PASSED THIS 10TH DAY OF JUNE, 2025.
Toby Randell, Mayor
Stacey Blair, Clerk