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THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH
BY-LAW NUMBER 2020-34
BEING a By-law to license and regulate Food and Refreshment Vehicles.
WHEREAS Section 150, Municipal Act, $.0. 2001, c.25, as amended, authorizes Council to
license, regulate and govern any business wholly or partly carried on within the Municipality, to
impose conditions for the purposes of consumer protection upon any highway or part of it or in
any public park or other public place;
AND WHEREAS Council deems it appropriate to ticense and regulate food and refreshment
vehicles
1. DEFINITIONS
1.1 For the purposes of this by-law the following definitions shall apply:
“Council” means the Council of the Corporation of the Township of Chatsworth;
“Health Unit” means the Grey Bruce Health Unit;
“Municipality” means the Corporation of the Township of Chatsworth;
“Park” means a park, public dock, ball diamond, soccer field, playground, beach, recreation
area, recreation centre, or any other area in the Municipality owned or used by the Municipality
and devoted to active or passive recreational use;
“Person” shall mean an individual human being, his or her personal agent, heir, successors
and assigns, and shall include a corporation with or without share capital;
“Eood and Refreshment Vehicle” includes any vehicle (whether propelled by a motor or by
the application of force by a person or animal) which is used for the storage or preparation of
food or drink intended for immediate consumption by the public. The different types of
refreshment vehicles licensed by the Municipality are:
a) Class 1 — Chip Wagons - which are refreshment vehicles that are relatively
stationary, and vend food and beverages;
b) Class 2 - Food Trucks — which are refreshment vehicles that are mobile and have
the ability to vend food and beverages from more than one location in any given day;
c) Class 3— Other Refreshment Vehicles — which are smaller refreshment vehicles that
contain barbeque or other cooking facilities for preparing food and includes ice
cream carts, portable barbecues and popcorn carts.
“Site Plan” means a sketch of the property outlining the location of the refreshment vehicle,
outdoor seating, proximity to washrooms and other information requested by the municipality;
“Special Community Event” means but is not limited to any cultural or recreational event of
limited duration, , including a fair, exhibition, show, display, concert, festival, race, public
entertainment, parade or other public amusement, whether free or for a fee, that is open to
members of the public to attend and sanctioned by Council;
1.2 Statutes: References to laws in this by-law are meant to refer to the statutes, as
amended from time to time, that are applicable in the Province of Ontario.
1.3 Severability: If a court or tribunal of competent jurisdiction declares any portion of this
by-law to be illegal or unenforceable, that portion of this by-law shall be considered to
be severed from the balance of the by-law, which shall continue to be in full force and
effect.
1.4 Conflicts: If a provision of this by-law conflicts with a provision of any applicable Act,
regulation or by-law, the provision that establishes the higher or more restrictive
standard to protect the health, safety and welfare of the general public shall prevail.
2.2
2.3
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3.2
3.3
3.4
LICENSING
No person shail own, operate, lease or maintain a food and refreshment vehicle within
the corporate limits of the Municipality without a license issued by the municipality.
Minimum Distance - All Class 1 or Class 2 Food and Refreshment Vehicles must be
set back a minimum of 3.04 metres (10 feet) from any structure either on the same or
adjacent property.
Proximity to other Eating Establishments — No license shall be issued to any person to
operate a food and refreshment vehicle business from a location which is within one
hundred (100m) metres of an existing restaurant or other eating establishment,
including another refreshment vehicle.
APPLICATION FOR LICENSING
Application for a license under this By-law shall be made to the Clerk in the form
provided. The application must be fully completed, together with the necessary
supporting documentation as outlined below:
a) Site plan drawing showing the location of the vehicle, refuse containers, proximity
to washrooms, potable water, outdoor seating area (if applicable};
b) a Propane Fitter’s Certificate indicating compliance with the provisions of the
Ontario Propane Storage and Utilization Code if propane fuelled appliances are
located on the vehicle;
c) Copy of Ontaric Master Business License;
d) Satisfactory inspection report from the Health Unit for the current year;
e) Ministry of Transportation approval for Provincial Highways (if applicable)
f} | County of Grey for County Roads (if applicable).
g) The appropriate license fee.
Each application shall be circulated to the following for approval:
a) Fife Department
b) Building/Planning Department;
C) Public Works Department.
Each application shall be accompanied by a letter or Certificate of Insurance from the
Owner's insurance company assuring that the food and refreshment vehicle owner
carries a minimum of two million dollars $2,000,000.00 public liability, property damage
inclusive, against loss or damage resulting from bodily injury to, or the death of one or
more persons, or from loss of or damage to, property resulting from any one incident.
Such letter or Certificate of Insurance shall cover both the licensee and the municipality
and shall contain such an endorsement specifying that the municipality shall be given a
minim of thirty (30) days written notice of any change, expiration or cancellation of such
policy.
if the vehicle is to be located on private lands, the application is to be accompanied by
a letter from the property owner where the vehicle is to be located.
FEES
Prior to the issuance of a Food and Refreshment Vehicle License, the applicant shall
pay such fee as set out in the Township's fees and charges by-law, as amended from
time to time.
REQUIREMENTS OF LICENSEE
Every licensee shall:
a) ensure that every vehicle is equipped with a metal refuse container with a self-
closing lid and such container shail be kept in a clean and sanitary condition and
emptied at least once daily;
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5.6
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b) ensure that every refuse container is located in such a position on or near the
vehicle so as to be easily accessible by persons making purchases while the
vehicle is stopped.
c) ensure that the vehicle and all parts and equipment for use in the dispensing of
refreshments are maintained in a clean and sanitary condition and at all times in
good repair,
d) ensure that adequate refrigeration as approved by the Medical Officer of Health, is
provided for perishable foodstuffs;
e) ensure that all foodstuffs are wrapped or sold in individual packages;
f) ensure that beverages are only sold in individual disposable containers;
g) ensure that where a vehicle is powered by propane, the vehicle is inspected and
certified at the time of application and on an annual basis by an authorized
inspector, and file with the Clerk, a copy of the inspection;
h) ensure that where the vehicle is powered by propane, or as otherwise may be
require by the Chief Fire Official, a minimum five-pound ABC dry chemical fire
extinguisher, which shall be mounted on the vehicle and the operator of such
vehicle shall be knowledgeable in the proper use of such fire extinguisher;
i) ensure that no LPG (liquified petroleum gas), LNG (liquified natural gas) or any
combustible fuelled appliance is operated within ten feet (3 metres) of any
structure, door, window, or opening which shall include an alcove or alleyway;
j) Ensure that the vehicle is free from holes, crevices or cracks and the surface is
readily washable is kept clean and in good condition;
k) ensure that a recycling container is available;
Every person selling or handling refreshments and foodstuffs shall be clean and neat in
appearance and shall maintain good hygiene at all times.
No person employed with any licensee under this Section shall be suffering from any
form of contagious disease while actively engaged in work.
No licensee shall permit any other than a bona fide employee to operate the
refreshment vehicle.
Every vehicle shall have posted or painted, in a contrasting colour, on both side panels,
in clearly visible letters, the name of the business.
Every license issued under this By-law shall be displayed in a conspicuous location on
the vehicle and shall be produced on demand by any Police or Municipal Enforcement
Office.
No person shall hinder, obstruct, or attempt to hinder or obstruct a Municipal Law
Enforcement Officer in the exercise of a power or the performance of a duty under this
By-law.
No vehicle licensed under this By-law shall sell food or refreshments to the public while
situated, standing or parked on a public highway, park or playground or other
municipally owned property within the limits of the Township of Chatsworth without
having obtained Council authorization by resolution.
Food and Refreshment vehicles licensed under this By-law shall be permitted to
operate on private property in a Local Commercial Zone (C3) or Rural Commercial
Zone (C2).
DELEGATED AUTHORITY
Where a Food and Refreshment Vehicle License has previously been approved to be
located on municipally owned land by Council, renewal applications for the same
location may be approved by the Clerk provided that the renewal meets all other terms
and conditions as set out in this by-law.
6.2
9.2
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10.1
Where a Food and Refreshment Vehicle License is located on privately owned lands,
both new applications and renewal applications may be approved by the Clerk,
provided that all terms and conditions as set out in this by-law and other municipal laws
have been met.
EXPIRY
A license issued under this By-law shall terminate on December 31* of each year,
regardless of the date it was obtained from the Municipality.
No personal shall continue to operate under the authority of an expired license unless
he has filed an application for renewal complete in all respects and paid the renewal
fee as set out in the Fees and Charges By-law, as amended from time to time.
REVOCATION
The Municipality may revoke, refuse or cancel any license at any time that does not
comply or continue to comply with the provisions of this By-law. Notice of revocation of
any license may be given by the Municipality by registered letter signed by the Clerk,
mailed or delivered to the last known address, and the license shall then cease and
terminate and be of no further effect.
ENFORCEMENT AND FINES
Every person who contravenes any provision of this By-law is guilty of an offence and
shall be liable to a fine in the amount o to be determined pursuant to the Provincial
Offences Act, R.S.O., Chapter P. 33, and every such fine is recoverable under the
Provincial Offences Act.
The conviction of an offender upon the breach of any provisions of this By-law shall not
operate as a bar to a prosecution against the same offender upon any continued or
subsequent breach of any provision and the Judge or Justice may convict any offender
repeatedly for continued or subsequent breaches of the By-law and the provisions of
the Municipal Act, S.O. 2001, c.25, as amended, s. 150 from time to time shall further
apply to any continued or repeated breach of this By-law.
lf any court of competent jurisdiction finds that any of the provisions of this By-law are
ultra vires the jurisdiction of Council or are invalid for any reason, such provision shall
be deemed to be severable and shall not invalidate any other provisions of the By-law
which shall remain in fult force and effect.
EXEMPTIONS
Notwithstanding the provisions of this By-law, no person shall be required to submit a
license fee when operating in conjunction with a Special Community Event for which
prior approval of the event has been obtained or where the vehicle is accessory to a
permitted use under the Zoning By-law.
10.2 Notwithstanding Section 9.1, all other requirements of this by-law shall be met to
11.
11.1
maintain the safety of the public (including regulations under the Health Protection and
Promotion Act, Reg. 562 Food Premises).
ENACTMENT
This by-law shall come into full force and effect on its passing.
11.2 This By-law may be referred to as the “Township of Chatsworth Food and Refreshment
Vehicle By-law’.
Read a first and second time this 20th day of May, 2020
Read a third time and finally passed this 20th day of May, 2020
ScotfMackey, Mayor
VS
Patty Sinnamon, CAO Cierk
>.