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CORPORATION OF THE MUNICIPALITYOF CENTRE HASTINGS
BY-LAW NO. 2019-16
Being a By-law to Adopt and Maintain a Refreshment
Vehicle Policy
WHEREAS Section 151 (1) of the Municipal Act, 2001, as amended, empowers
the council of a local municipality to pass By-laws for licensing, regulating, and
governing any business carried on within the municipality.
AND WHEREAS the Corporation of the Municipality of Centre Hastings deems it
in the public interest to license and regulate mobile canteens
and refreshment
vehicles within the Municipalityof Centre Hastings.
THEREFORE Council of the Corporation of the Municipalityof Centre Hastings
hereby enacts as follows:
THATthis By-law does hereby repeal and replace By-laws not consistent with
this By-law;
AND FURTHER that this By-law shall come into force and take effect upon the
Enactment thereof;
AND THATthe Refreshment Vehicle Policy (ADM-009) be attached to this By-
law as Schedule A.
Read a first and second time this 18th day of March 2019.
Read a third time and ?nally passed
this 18th day of March 2019.
Tom Deline, Mayor
Jennifer Nielsen, Deputy Clerk
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TITLE:
Refreshment
Vehicle Policy
NUMBER:
ADM--0O9
CATEGORY:
Administration
DATE:
March 18, 2019
REFERENCES:
By--Law2019-16, Section 151 (1) of the Municipal Act, 2001 S.O.
____________________________
____________________________
_________
PURPOSE
Section
151(1) of the Municipal Act, 2001, as amended,
empowers
the council of a local
municipality to pass
by-laws for licensing, regulating and governing
any business
carried on
within the municipality;
The Municipality of Centre
Hastings
has developed
the Refreshment Vehicle Policy in the
interest of public health and safety, nuisance control and consumer protection
with respect
to
the residents and business owners of the municipality.
1. INTERPRETATION
In this policy:
(a) APPLICANT: includes an association,
organization
or corporation
making an application for a
licence;
(b) COUNCIL: means the Council of the Corporation of the Municipalityof Centre Hastings;
(C)CLERK: means the Clerk of the Corporation of the Municipalityof Centre Hastings or
assignee;
(d) EATING ESTABLISHMENT:shall mean a commercial establishment where food is prepared
therein and is offered for sale but shall not include a mobile canteen or mobile refreshment
vehicle;
(e) GRANT OF LICENCE: means the exercise of power of the Clerk to confer the privilege of the
licence;
(f) HOLDER OF A LICENCE: means the person who is granted the licence by Council;
(g) ISSUE OF LICENCE: means the physical act whereby the proper officer for the municipality
completes
all necessary
administrative functions to perfect the grant of the licence;
(h) MOBILE CANTEEN: means any vehicle whether mechanically propelled or otherwise, which
changes
location for the purpose
of preparing, storing, selling or offering for sale food or
refreshments for consumption
by the public;
_(i)OPERATE: shall mean the selling or offering for sale of refreshments from such vehicle but
shall not preclude the delivery of refreshments;
(j) PERSON:
includes
a corporation
and
a partnership
and the
heirs,
executors,
administrators or other legal representatives
of a personwhom
the context
can apply
according to law; and where the context permits, words importing the singular number
or the masculine gender also include more persons,
parties of things of the same kind,
females as well as males;
(k) MOBILE REFRESHMENT VEHICLE: means any vehicle whether mechanically propelled
or otherwise, that remains in one place for the purposeof preparing,storing, selling or
offering for sale food or refreshments for consumption
by the public;
(l) SPECIAL EVENT: shall mean an event, the duration of which is temporary in nature
(maximum duration of 4 days), and shall include, but not be restricted to a Jamboree, Heritage
Day celebrations, Canada Day celebrations, auctions and Cottage Association events;
(m) MUNICIPALITY:means the Corporation of the Municipalityof Centre Hastings
2. GENERAL PROVISIONS
2.1
2.2
2.3
2.4
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
The Clerk may, where the aforementioned deems it expedient
and in the best interests of
the inhabitants of the municipality, grant a licence to an applicant in accordance with the
provisions of this policy.
All licences granted
under this policy shall be issued by the Clerk, and such licences
shall be valid for the calendar year in which it is issued and may not be transferred or
assigned.
The Clerk may revoke or cancel any licence issued pursuant
to the provisions of this
policy.
Every application for a licence hereunder shall be made in writing upon Schedule "A"as
attached
and submitted to the Clerk.
in the case of a regular scheduled event (ie. weekly auction), a licence may
be applied for to a maximum of a 12 month period.
The licence as granted
and issued may not be transferred, assigned,
conveyed
or sold to
another applicant or person.
Fees for licence as granted under this policy shall be in accordance with The
Municipalityof Centre Hastings Fees and Charges
By-law 2019-17. A licencee shall
pay the prescribed
fee prior to the issuance of the licence.
The recipient or holder of a licence shall not divest himself or herself of the rights
and obligations of the said licence.
Compliance
with applicable
statutes,
regulations
and
by-laws whether
provincial
or
municipal shall be deemed
to be a condition of all licences
issued
pursuant
to this
policy.
Failure to comply with the terms and conditions of the licence may constitute grounds
for
revocation of the licence by the Clerk.
The owners of eating establishment businesses
located within the Municipality of Centre
Hastings must comply with the regulations contained in this policy with the exception
of
section 4.2.10 and 5.2 in order to conduct the sale of food and refreshments from a
refreshment vehicle, including a barbeque--sty|e stand where such operation
is located
externally to enclosed eating establishment
premises
on the same property.
A mobile canteen
or mobile refreshment vehicle shall not be operated
nor utilized to
dispense
or sell food or refreshments
within 100 metres of a property line of schools and
homes for the elderly.
No mobile canteens
shall be operated
on the travelled portion of a highway, except
in a parking lane, and only within a parking lane at those places
and at those times
as specifically designated
by the Clerk.
No mobile canteen
shall operate
in a parking lane for more than fifteen (15)
consecutive
minutes. A mobile canteen
operator shall move the mobile canteen
at least
seventy five (75) metres to the next location. There will be no mobile canteens
operated
on provincial highway #7.
Mobile canteen
or mobile refreshment
vehicles shall not operate
between the hours of
eleven (11) p.m. and nine (9) a.m. of the following day.
Mobile canteen
and
mobile
refreshment
vehicle
locations
shall conform
to all parking
requirements
and regulations
now in force or to be construed in the future.
3. EXCEPTIONSTO GENERAL PROVISIONS FOR SPECIAL EVENTLICENSES
3.1
3.2
A licence may be issued for a 'Special Event' within 100 metres of a property line of
schools and homes for the elderly.
A licence may be issued for a 'Special Event'which would allow the operating hours of the
mobile canteen/mobile refreshment vehicle licence to coincide with the hours of operation
of the special event.
4. LICENSING REGULATIONS
4.1
4.2
A licence shall be taken out by every person who engages
in the business of conducting a
mobile canteen
or mobile refreshmentvehicle save and except for:
4.1.1 Charitable non-profit groups, associations
or corporations
who sell food and
refreshments outdoors, to the general
public, from barbeque-style cooking equipment,
for
the purpose of fund-raising; provided they have permission
of the property owner, or of the
municipality in respect
of public property, from which such sales are proposed
to take
place.
Any person obtaining a mobile canteen
or mobile refreshment vehicle licence shall be
subject to the following regulations and conditions:
4.2.1 The licencee shall keep his/her vehicle and equipment,
in the place where food is
prepared,
in a clean, sanitary and satisfactory condition and shall comply with the
regulations
of the Public Health Act respecting eating establishments, and shall at all
times permit the Medical Officer of Health to inspect the vehicles.
4.2.2 Where applicable, the mobile canteen
or mobile refreshment vehicle shall comply
with the Fire Code under the Fire Marshals Act, the propane
storage,
handling and
utilization code under the Energy Act, or any regulations
passed
affecting such vehicles.
4.2.3 The licencee shall ensure that no modifications are made to the mobile canteen,
mobile refreshment vehicle, or equipment placed therein, without the prior approval
of
the Chief Building Official and/or the By-law Enforcement Officer.
4.2.4 A licence shall be issued with respect
to one vehicle only and shall be at all times
affixed to the vehicle operated,
in a prominent
position. One licence does not cover more
than one (1) mobile canteen
or mobile refreshment vehicle.
4.2.5 Prior to beginning operation
of a mobile canteen
or mobile refreshment vehicle, a
licencee shall file with the licensing officer proof of insurance for public liability in the
amount of not less than TWO MILLIONDOLLARS ($2,000,000.00).
Public liabilityshall
be inclusive of bodily injuries, property damage and accidental benefits, occasioned
by
any accident arising out of the operation
of the mobile canteen operation,
their agents,
servants or employees.
4.2.6 The proof of insurance shall include a provision therein or an endorsement
thereof
that the licensing officer will be given at least ten (10) days notice in writing of any
cancellation or expiration in the policy.
4.2.7 A mobile canteen operator
or mobile refreshment vehicle operator,
prior to the
issuance of a mobile canteen/mobile
refreshment vehicle licence, shall providean
indemnification to the municipality whereby the mobile canteen
or mobile refreshment
vehicle operator
agrees
to indemnify and hold harmless the municipality, its agents,
servants,
employees
and officials from any claims, actions or suits which might be
brought against the said mobile canteen/mobile
refreshment vehicle in any manner
whatsoever
or any error, negligence
or omission of the mobile canteen
operation, their
agents,
servants or employees.
4.2.8 A licencee shall not operate or permit to beoperated,
a mobile
canteen
or
refreshment vehicle on any prohibited area designated
by the municipality.
4.2.9 No mobile canteen
or mobile refreshment vehicle
shall be parked inanyparkor
on municipality property unless prior permission
is received from the municipality.
4.2.10 No mobile canteen or mobile refreshment vehicle shall be parked for the
purpose of preparing, storing, selling or offering for sale food or refreshments within a
distance of 500 metres of any eating establishment within the municipality.
4.2.11 Every owner of a mobile canteen or mobile refreshment vehicle shall ensure that
garbage or litter resulting from his or her vending activity is collected for recycling and
disposal, and shall provide receptacles
for such purpose. In addition, any owner of a
mobile canteen/mobile
refreshment vehicle shall ensure that such garbage and litter is
removed
from the area of operation
and disposed
of at an approved
landfill site.
4.2.12 Any advertising shall not be placed on Municipal, County or Provincial Highway
without receiving prior approval from the appropriate governing body.
4.2.13 Mobile refreshment
vehicles shall only be operated
on private property with the
consent
of the owner and occupant
of the property;
and except
for special
event
licences,
upon a site zoned
in a commercial
or recreation
and conservation
zoning
category
by the municipality's zoning by-law.
4.2.14 Upon expiry of the licence, mobile refreshment vehicles shall be removed from the
site.
4.2.15 A licence shall be deemed to be valid for a period of one year from the date of
issue and are not transferable either "owner to owner" or "site to site".
4.2.16 The municipality shall be provided with a letter from the Hastings Prince Edward
Public Health Unit confirming that the mobile canteen or mobile refreshment vehicle
conforms to hereto requirements
under the Food Handling Act.
4.2.17 A permit is required from the Ministry of Transportation
where a refreshment
vehicle is located on a property adjacent to any Provincial Highway.
Apply on line to obtain this permit at:
https:/lwww.hcms.mto.gov.on.ca/Agg|yForPermit/Bui|dingAndLandUse
Ifthe MTO determines a permit is not required the applicant willbe provided an
exemption
letter which must be included with the application in place of the permit.
5. NUMBER AND CLASSES OF LICENSE
5.1
Licences will be issued on a first come, first serve basis. Applications will not be accepted
before the beginning of the calendar year.
5.2
The maximum total number of mobile canteens
operating in the municipality at any one
time shall be three (3).
5.3
The maximum total number of mobile refreshment vehicles operating in the municipality at
any one time shall be three (3).
6. PENALTIES
6.1
Except as otherwise provided herein or by status, any person convicted of a breach of any
provisions of this by-law shall forfeit and pay, at the convicting Judge of the Peace,
a
penalty not exceeding
$5000.00
for each event exclusive of costs.
7.
LEGALITY
7.1
Ifany sections of this policy, or parts thereof, that are found by any court of law to be
illegal or beyond the power of Council to enact, such section or sections,
or parts thereof,
shall be deemed to be severable
and all other sections or parts of the policy, shall be
deemed to be separate
and independent
there from and to be enacted
as such.
8. REPEAL OF EXISTING BY-LAW
8.1
By-law 1998-10 of the Municipality of Centre Hastings and any otherby-law,
policy or
part thereof which conflicts with this policy is hereby repealed.
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HASTINGS
ADM-O09 Refreshment Vehicle Policy
SCHEDULE "A"
MOBILE CANTEEN/MOBILEREFRESHMENT VEHICLE APPLICATION
(to be completed
by applicant)
Canteen Operator/Owner:
Property Owner:
Location:
Hastings Prince Edward Public Health Approval (copy attached):
[:] yes
Ministry of Transportation Approval (copy attached):
[:1 yes
1:] n/a
Municipal Road Superintendent
Approval:
D yes
Ijn/a
Chief Building Official Approval:
|:|
yes
Fire Chief Approval:
|:]
yes
LiabilityInsurance Policy #:
(copy attached)
Insurance Company:
Type of Vehicle:
License #:
Fee Submitted: I:|
yes
amount:
Operating Schedule:
From:
to
Hours:
to
THIS AREA TO BE COMPLETEDBY MUNICIPALITY
Date Received:
Date Approved:
Clerk
Personal information is collected under authority of the MunicipalAct, R.S.O. 1990, c
M.45 for the purpose of issuing a mobile canteen
license, mobile refreshment vehicle
license and/or special occasion permit.