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The Corporation of the City of Clarence-Rockland
By-law 2026-42
Being a By-Law to licence and regulate Refreshment Vehicles, including Chip
Wagons, operating within the City of Clarence-Rockland.
Whereas Section 151 of the Municipal Act, 2001, authorizes a municipality to
provide for a system of licences with respect to a business, and may, prohibit
the carrying on of the business without a licence, refuse, suspend or revoke a
licence, impose conditions on a licence and regulate persons carrying on a
business that requires a licence; and
Whereas Section 391 of the Municipal Act, 2001, authorizes a municipality to
impose fees and charges on persons, for services or activities provided or done
by or on behalf of it; and
Whereas Section 426 of the Municipal Act, 2001, provides that no person shall
hinder or obstruct, or attempt to hinder or obstruct, any person exercising a
power or performing a duty under a by-law passed under the Municipal Act, 2001;
and
Whereas Section 434.1 of the Municipal Act, 2001, provides that a municipality
may require a person to pay an Administrative Monetary Penalty if the
municipality is satisfied that the person has failed to comply with a By-law of the
municipality passed under the Municipal Act, 2001; and
Whereas Section 444 of the Municipal Act, 2001, provides for a municipality that
is satisfied that a contravention of a By-law of the municipality passed under this
Act has occurred, the municipality may make an order requiring the person who
contravened the By-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to discontinue
the contravening activity; and
Whereas Council considers it desirable and necessary to license and regulate
Refreshment Vehicles, including Chip Wagons, to promote public health and
safety, consumer protection, and nuisance control.
Therefore, the Council of the City of Clarence-Rockland enacts as follows:
1. Short Title
1.1.
This By-law may be cited as the "Refreshment Vehicles and Chip
Wagons By-law".
2. Purpose
2.1.
The purpose of this By-law is to:
a.
Establish a fair and consistent system for licensing and regulating
Refreshment Vehicles and Chip Wagons operating within the City;
b.
Promote public health and safety, consumer protection, and
nuisance prevention; and
c.
Ensure compliance with applicable municipal, provincial, and federal
laws.
3. Interpretation
3.1.
Words in the singular include the plural and words in the plural include
the singular.
3.2.
Headings are for convenience only and do not affect interpretation.
3.3.
Where a provision of this By-law conflicts with a statute or regulation,
the statute or regulation prevails to the extent of the conflict.
4. Definitions
For the purpose of this By-law,
4.1.
"Appeal Committee" means a Committee appointed by Council to
conduct hearings.
4.2.
"Applicant" means any person applying for the issuance, renewal,
amendment, or replacement of a licence under this By-law.
4.3.
"Boulevard" means all parts of a highway except the travelled
roadway and sidewalk, if any.
4.4.
"City" means The Corporation of the City of Clarence-Rockland.
4.5.
"Class A - Pedal-Powered Canteen" means a pedal-powered vehicle
selling ice cream, frozen products, beverages, or other refreshments
permitted by the Licence Issuer, operating as a mobile unit.
4.6.
"Class B - Pre-Prepared Food Vehicle" means a motorized or towable
vehicle from which food is sold that is prepared and cooked elsewhere
than in the vehicle, operating on private property as authorized.
4.7.
"Class C - Ice Cream / Frozen Products Vehicle" means a motorized
vehicle from which ice cream and frozen milk products are sold,
operating as authorized.
4.8.
"Class D -Mobile Canteen" means a refreshment vehicle from which
food, refreshments, or confections are prepared and sold on-site.
4.9.
"Class E - Chip Wagon" means a mobile food vending vehicle or trailer
from which food, refreshments, or confections are prepared and sold
on-site, operating at a static location on private property.
4.10. "Corner Sight Triangle " means the portion of a corner lot within the
triangular areas formed by measuring 6 metres in each direction from
the point where two property lines intersect at the street lot line
corner.
4.11. Driveway Sight Triangle means the triangular area formed by
measuring 4.5 metres down the driveway and 4.5 metres down the
side lot line abutting a street.
4.12. "Fixed Food Premises" means a food premise located within a
permanent building or structure affixed to land where food or
beverages are prepared, processed, stored, or offered for sale to the
public.
4.13. "Food handling" means any activity involving the manufacturing,
processing, preparation, storage, handling, display, distribution,
transportation, sale, or offering for sale of food, as regulated under
the Health Protection and Promotion Act and the Food Premises
Regulation (O. Reg. 493/17).
4.14. "Guidelines" means application process guidelines, procedures, forms,
and any requirement necessary to ensure the efficient application of
the provisions of this By-law, as establish and maintain by the Chief
Adminsitrative Office or their designate.
4.15. "Licence" means a business licence issued under this By-law or a
predecessor By-law, permitting a person to operate or carry on a
business within the City.
4.16. "Licence Issuer" means the City Clerk, or such other officer or
employee of the City as Council may appoint by resolution, and
includes their designate.
4.17. "Licence Holder" or "Licensee" means the person to whom a licence
has been issued and who remains responsible for compliance with this
By-law.
4.18. "Refreshment" means drinks (other than alcoholic) or food that are
provided or sold or offered for sale to the public.
4.19. "Site Plan" means a drawing of a static site identifying the vehicle
footprint, queuing area, parking geometry, drive aisles, pedestrian
routes, entrances/exits, visibility triangles, and nearby uses/services
within 100 m.
4.20. "Special Event" means a one-time, up to a maximum of 7 days,
including, but not limited to parades, street fairs, festivals, races,
demonstrations, or any other type of gathering.
4.21. "Special Event Licence" means a licence issued under this By-law
authorizing a Class B, C, or D to operate at a Special Event for a
specified location, date, and time period, subject to such terms and
conditions as may be imposed by the Licence Issuer.
4.22. "Static Location" means the operation of a mobile food premises from
a fixed location on private property rather than moving between
locations.
5. Administration and Enforcement
5.1.
The administration and implementation of this By-law are assigned to
the Chief Administrative Officer or a delegate appointed by the Chief
Administrative Officer.
a.
For the purpose of administering this By-law, the Chief
Administrative Officer shall establish and maintain application
process guidelines, procedures, forms, and any requirement
necessary to ensure the efficient application of the provisions of this
By-law.
5.2.
The provisions of this By-law shall be enforced by Municipal Law
Enforcement Officers.
6. Licence Issuer
6.1.
The Licence Issuer is appointed and delegated the authority to issue,
renew, cancel, refuse, suspend, or revoke a licence and to impose or
vary conditions, subject to the provisions of this By-law.
7. General Provisions
Licensing Requirements
7.1.
No Person shall operate, conduct or engage in a business as defined
in Class A to Class E, inclusively, without first obtaining a licence
under this By-law.
7.2.
No Person shall operate, conduct or engage in a business as defined
in Class A to Class E without first obtaining Commercial General
Liability Insurance.
7.3.
No Person shall be assigned to food handling duties without first
obtaining a valid food handler certification recognized by the Province
of Ontario.
7.4.
No Person shall provide false or misleading information or documents
when applying for a Licence or Licence renewal, or when required to
provide any information or documents under this By-law.
Scope and Use of Licence
7.5.
No Person shall operate, conduct, or engage in any business activity
that falls outside the scope of the business class for which their licence
has been issued.
7.6.
A licence issued under this By-law shall remain the property of the
City and is valid only for the person, vehicle and class specified on the
said licence.
Zoning, Other Laws & Provincial Jurisdiction
7.7.
No Licensee shall operate in contravention to another municipal By-
law, including the Zoning By-law.
7.8.
No Licensee shall operate on land abutting or within regulated
distance of a County Road, without written authorization of the United
Counties of Prescott and Russell.
Special Conditions / Municipal Property
7.9.
No Licensee shall operate on City's property, boulevards, or within the
municipal right-of-way without written authorization of the City.
Location & Setbacks
7.10. No Licensee shall operate within the following minimum setbacks,
without written authorization of the City:
a.
Within 50 m from a Fixed Food Premises; and
b.
Within 100 m from entrances/exits to schools or public parks; and
c.
Within 9 m from the nearest street intersection point; and
d.
Within 3 m from another refreshment vehicle; and
e.
Within any required visibility/sight triangle standards.
Hours of Operation
7.11. No Licensee shall operate, conduct or engage in business between
11:01 p.m. and 5:59 a.m., without written authorization of the City.
Nuisance & Safety Requirements
7.12. No Licensee shall use external generators without written
authorization of the City.
7.13. No Licensee shall operate in a manner that creates a nuisance or
interferes with the safe and unobstructed movement of pedestrians or
vehicles.
7.14. No Licensee shall obstruct traffic circulation, loading zones, fire routes,
sidewalks, or accessible paths.
7.15. Licensee shall maintain at least 1.5 m unobstructed pedestrian
clearance.
7.16. No Licensee shall operate in a manner that creates a safety hazard. A
vending vehicle shall not be left unattended while in operation, except
for brief periods necessary to access washroom facilities or to address
an immediate safety concern.
Health, Cleanliness & Waste Disposal
7.17. The Licensee shall ensure that all vehicles and equipment used in the
operation are kept clean, sanitary and maintained in good working
order.
7.18. The Licensee shall ensure that adequate garbage receptacles are
available while operating and that the area is free of any litter
generated by the operation.
7.19. No Person shall discharge wastewater, greywater, grease, oils, or food
waste onto any ground surface, street, ditch, catch basin, stormwater
system, or private property. All such materials shall be disposed of
only at facilities approved for that purpose.
8. Class E - Chip Wagon - Specific Conditions
8.1.
No Class E Licensee shall operate in residential zones or on a lot used
for residential purposes or on municipal property.
8.2.
A Class E Licensee shall ensure that washroom facilities are available
for use by customers and staff.
8.3.
Notwithstanding section 7.10.a, no Class E Licensee shall operate
within 100 m radius of Fixed Food Premises offering the same or
similar service or another Class E Licensee.
8.4.
No Class E Licensee shall operate on any property adjacent to Laurier
Street in Rockland between Simoneau Street and Laporte Street.
9. Application and Processing
9.1.
Applicants shall include with their application all required
documentation for the specific class of licence being requested, as per
the established Guidelines, along with the application fee as set out in
the City's User Fee By-law.
9.2.
At a minimum, the information required on application form shall
consist of:
a.
Name of applicant;
b.
The applicant's address;
c.
The class of licence being requested.
9.3.
Documents which may be requested during the application process,
based on the license class, include, but are not limited to:
a.
Proof of insurance;
b.
Vehicle Registration including valid plate portion;
c.
Food Handling Certificate;
d.
Site Plan;
e.
Property Owner's consent, if applicable;
f.
Electrical Safety Authority certificate of acceptance;
g.
Technical Standards and Safety Authority certification.
9.4.
An application shall be deemed complete when it is received with all
documentation required for the class of licence being requested and
the applicable application fees.
9.5.
Incomplete applications will not be processed. The City shall provide
written notice to the Applicant identifying the deficiencies.
9.6.
Where the application remains incomplete after of a period of ninety
(90) days from the receipt of the notice, the application file will be
closed and the Applicant will be notified accordingly.
9.7.
Complete applications shall be circulated to departments/agencies for
review as per the approved Guidelines. The City reserves the right to
request additional inspections if deemed necessary.
9.8.
The Licence Issuer shall issue or renew a licence upon receipt of all
required approvals, documentation, and applicable fees.
9.9.
The Licence Issuer may grant a written variance where the Applicant
demonstrates that the variance will not result in an adverse impact on
traffic or safety, public health, nuisance control, or land-use
compatibility, and where all conditions imposed by the Licence Issuer
are satisfied, including those related to temporary events.
10. Licence Display - Production of Documents
10.1. The Licensee shall display or produce their licence upon request.
10.2. The Licensee shall produce the following documentation, which may
be required under their class of business, upon request:
a.
Food Premises inspection report;
b.
Fire Inspection report;
c.
Electrical Safety Authority certificate of acceptance for hard-wired
connections, plug-and-receptacle connections to a building or
generator, or any electrical system operating over 30 volts AC;
d.
Technical Standards and Safety Authority certification if using
propane and/ or natural gas; and
e.
Inspection report by a qualified technician of the hood suppression
system (NFPA 96 / UL 300).
11. Duty to Notify
11.1. The Licensee shall notify the Licence Issuer in writing within seven (7)
days of any changes that could affect the status, accuracy, or
conditions of their licence.
11.2. Upon receipt of a notice under 11.1, the Licence Issuer shall review
the notification and shall:
a.
Revoke the licence and notify the Licensee accordingly; or
b.
Grant a 30-day transition period for the submission of a new
application and notify the Licensee accordingly; or
c.
Issue an amended licence where the change does not require a new
application.
12. Licence
12.1. Every licence issued shall, at a minimum, include:
a.
The operating name of the business and the person to whom the
licence is issued;
b.
The Vehicle Identification Number when required;
c.
The class of licence granted;
d.
The date of issuance and the date of expiration;
e.
Any special conditions related to the issuance of the licence;
f.
The signature of the Licence Issuer or designate; and
g.
The By-law number under which the licence is issued.
13. Insurance
13.1. Every Licensee shall, at their own expense, obtain and maintain
Commercial General Liability Insurance with limits of not less than
Two Million Dollars ($2,000,000) per occurrence, naming the City as
an additional insured.
13.2. Where a Refreshment Vehicle is motorized or required to be driven on
a highway, the Licensee shall also maintain Automobile Liability
Insurance in accordance with the legislation of the Province of Ontario,
with limits satisfactory to the Licence Issuer.
13.3. Proof of all required insurance shall be provided to the Licence Issuer
prior to the issuance or renewal of a licence and upon request.
14. Licence Issuer - Refusal, Suspension, Revocation
14.1. The Licence Issuer may refuse, cancel, suspend, revoke, or impose
conditions where issuance or continuation would be contrary to the
public interest, such as:
a.
Health and safety issues, nuisance, consumer protection; or
b.
Where false and/or misleading information has been provided; or
c.
Where fees and/or penalties remain unpaid; or
d.
For non-compliance with the requirements of any applicable By-
laws, regulations, or any other law.
14.2. If the Licence Issuer is satisfied that the continuation of an operation
poses an immediate danger to the health or safety of any person or
property, the Licence Issuer may, without a hearing, suspend a
licence, for the time and on such conditions as the Licence Issuer
consider appropriate, subject to the following:
a.
Before suspending the licence, the Licence Issuer shall, either orally
or in writing, provide the Licensee with the reasons for the
suspension and allow the Licensee with an opportunity to respond;
and
b.
The suspension shall not exceed 14 days.
15. Notice Requirements
15.1. After a decision is made by the Licence Issuer to refuse, cancel,
revoke or suspend a licence, written notice of that decision shall be
given to the Applicant or Licensee.
15.2. The written notice provided in section 15.1 shall:
a.
Set out the reasons for the decisions;
b.
Be signed by the Licence Issuer; and
c.
State that the Applicant or Licensee is entitled to a hearing before
the Appeal Committee if the Applicant or Licensee submits a written
request to the Clerk's Office within 15 days of the date the notice is
served.
15.3. A notice shall be deemed to be received:
a.
In the case of mailed documents, five (5) days following the mailing
date;
b.
In the case of personal delivery, e-mail, or fax delivery, on the day
of delivery; and
c.
Where more than one method of delivery is used, the latest deemed
receipt date applies.
15.4. Where any written notice is mailed under this By-law, it is sufficient to
use the Applicant's or Licensee's last known business or residential
address.
16. Review and Appeal
16.1. An Applicant or Licensee may appeal a decision of the Licence Issuer
to refuse, cancel, revoke, suspend, or impose conditions on a licence
by submitting a written notice of appeal to the Clerk, including
reasons for the appeal and the required fee set out in the City's User
Fee By-law, within 15 days following the receipt of the written notice
of the decision.
16.2. On receipt of an appeal, the Clerk shall schedule a hearing with the
Appeal Committee and shall give appropriate notice to the Applicant
or Licensee of the date, time and place of the hearing.
16.3. The Appeal Committee may:
a.
Confirm the Licence Issuer's decision; or
b.
Amend the Licence Issuer's decision; or
c.
Reverse the Licence Issuer's decision.
16.4. The Appeal Committee shall provide a written notice of the decision
within 10 days after reaching a decision.
16.5. The decision of the Appeal Committe shall be final and binding.
16.6. Filing an appeal, does not prevent a refusal, suspension, or revocation
from taking effect.
16.7. Where the licence is suspended or revoked, the licence holder must
cease operating until the matter is resolved.
16.8. Where the licence is granted, reinstated, or there is a change to the
conditions of a licence, the Applicant or Licensee shall fulfill any
outstanding requirements for the licence under this By-law.
17. Inspection Authorized
17.1. An Inspector may, at all reasonable times, inspect, or cause to be
inspected, the premises, facilities, equipment, and vehicles used in
connection with a business licensed or required to be licensed.
17.2. No person shall hinder or obstruct, or attempt to hinder or obstruct,
any person exercising a power or performing a duty under this By-law.
18. Fees
18.1. All fees referred to in this By-law are as set out in the City's User Fee
By-law, as amended from time to time.
19. Offence and Penalties
19.1. A Person who contravenes this By-law is guilty of an offence and, upon
conviction:
a.
Is liable to an administrative monetary penalty and fees, pursuant
to the City of Clarence-Rockland Administrative Monetary Penalty
System By-law, as designated; or
b.
Is liable to a fine or penalty for each offence, exclusive of costs as
prescribed in the Provincial Offences Act.
19.2. Each day that a person contravenes with the provisions of this By-law,
may constitute a separate offence.
19.3. No Person that receives an administrative penalty shall be charged
with an offence under the Provincial Offences Act for the same
contravention and offence date.
20. Administrative Monetary Penalties (AMPS)
20.1. Any person who contravenes any provision of this By-law shall be
liable to pay the City an Administrative Monetary Penalty, upon
issuance of the penalty notice in accordance with the City of Clarence-
Rockland Admininistrative Monetary Penalties System By-law.
21. Licence Record
21.1. A Refreshment Vehicle Licence Register shall be established and
maintained by the Licence Issuer.
21.2. The Refreshment Vehicle Licence Register shall contain the following
information: the business name, licence number, status, conditions
imposed on a licence, and may include other information that the City
considers necessary to facilitate the administration and enforcement
of this By-law.
21.3. The Refreshment Vehicle Licence Register shall be a public document
and may be posted on the City's website.
22. Severability
22.1. If any section, subsection, clause, or provision of this By-law is found
invalid or unenforceable, the remainder continues to be in force.
23. Transition
23.1. Despite the repeal of any former by-law, a Licence issued thereunder
and valid on the date this By-law comes into force shall be deemed to
have been issued under this By-law and shall remain valid until its
original expiry, unless sooner suspended or revoked in accordance
with this By-law.
24. Amend
24.1. The Administrative Monetary Penalties System By-law 2022-33 is
hereby amended by substituting Schedule A-9 with the version
attached hereto.
24.2. The User Fee By-law 2025-105 is hereby amended by substituting
Schedule C with the version attached hereto.
25. Repeal
25.1. By-law No. 2017-84, being a by-law regulating Chip Wagon Licensing,
and By-law No. 2006-16, being the Mobile Canteens By-law, together
with all amendments thereto, are hereby repealed.
26. Effective Date
26.1. This By-law comes into full force and effect on the 1st day of May
2026.
Read, passed and adopted in open council this 8th day of April 2026.
Mario Zanth, Mayor
Monique Ouellet, Clerk
Monique Ouellet
Signé avec ConsignO Cloud (09/04/2026)
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Mario Zanth
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