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THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY -LAW NO. 2005-26
BEING A BY-LAW TO LICENSE AND REGULATE REFRESHMENT
VEHICLES/CATERING TRUCKS, AND VENDORS
WHO CONDUCT BUSINESS IN THE TOWN OF EAST GWILIMBURY
WHEREAS the Municipal Act, S.O. 2001 (as amended) enables a
Municipal Council to enact by-laws for licensing, regulating and governing
refreshment vehicles/catering trucks, hawkers/peddlers and vendors who conduct
business in the Town of East Gwillimbury;
AND WHEREAS Council deems it advisable having regard among
other matters to the health and safety of the public, the protection of consumers,
and the potential for public nuisance, to enact a by-law to license and regulate
refreshment vehicles/catering trucks, and vendors who conduct business in the
Town of East Gwillimbury;
NOW THEREFORE the Municipal Council of the Corporation of
the Town of East Gwillimbury enacts as follows:
PARTl
I.
DEFINITIONS
In this By-law
a) "Applicant" means the person who applies for a license
under this By-law.
b) "Boulevard" means the part of the highway that is not
improved, designed or normally used for ordinary traffic.
c) "Catering Truck" means a vehicle that travels from place to
place for the sale of refreshments and food items.
d) "Cart" means a conveyance capable of being used for
carrying or displaying goods designed to be moved by
human or animal power.
e) "Community Festival" means a performance or celebration
which is approved by the Council of the Town of East
Gwillimbury.
t) "Designated Area" means an area that is not part of a
highway or boulevard and is zoned by the Town's By-law to
permit a commercial or industrial use and is described in a
license issued pursuant to this by-law as an area designated
for the parking of refreshment vehicles and/or wagons,
trailers, carts or stands for the purpose of selling products,
fruits, vegetables or food stuffs.
g) "Highway" includes the entire right-of-way of a common
and public highway, street, avenue, parkway, square, place,
bridge, viaduct or trestle, designated and intended for, or
used by, the general public for the passage of vehicles.
h) "Licensing Officer" means the Officer of the Corporation
together with such persons as may be designated by the
Clerk to administer and enforce this By-law;
PART2
2.
3.
4.
PART3
5.
i) "Refreshment" means any food or drink.
j) "Refreshment Vehicle" means a wagon, cart, catering truck
capable of being used for the sale of refreshments, food
items, vegetables, or fruits whether or not it is capable of
moving and, without limiting generality thereof, also
includes a vegetable, fruit, refreshment or flower stand,
which is designed to remain in one location.
k) "Registered Charitable Organization" means a charity
registered as such in accordance with the provisions of the
Income Tax Act of Canada, as amended from time to time.
I)
"Sell" means to sell for retail, offer for retail sale, display,
place or expose any goods, wares, merchandise, products,
crafts, jewellery, refreshments, food items, vegetables, fruit
or any other items whatsoever for retail sale.
m) "Sidewalk" includes all such parts of a highway as are set
aside by the Town of East Gwillimbury for use of
pedestrians or used by the general public for the passage of
pedestrians.
n) "Town" means the Corporation of the Town of East
Gwillimbury.
o) "Town Clerk" shall mean the Clerk of the Town of East
Gwillimbury or his/her designate;
p) "Vehicle" means a vehicle as defined in accordance with the
provisions of the Highway Traffic Act, R.S.O. 1990, Ch. 8
as amended from time to time.
GENERAL PROVISIONS
Subject to Part 5, no person shall sell or offer for sale from a
refreshment vehicle any products, foodstuffs, goods, wares, crafts,
merchandise, jewelry, refreshments, food items, vegetables, fruits,
flowers or any other items, without making application for,
obtaining and maintaining a license pursuant to the terms of this by-
law. Except as provided in Section 8, every license issued pursuant
to this by-law shall set out the designated area in which the licensee
is authorized to operate and shall list the items he or she is
authorized to sell or display.
No person shall sell, or cause or permit selling at any time, on, over,
or upon a boulevard, sidewalk or highway, or otherwise stop, park,
place, store, stand or leave any object, vehicle, wagon or cart, for
the purpose of selling products, foodstuffs, goods, wares,
merchandise, crafts, jewelry, refreshment, food items or any other
items on a boulevard, sidewalk or highway.
Every owner shall take out a separate license for each refreshment
vehicle, catering truck, wagon or cart owned or operated by him/her
and the license shall be displayed on the refreshment vehicle,
catering truck, wagon or cart and shall be visible at all times.
APPLICATION, RENEWAL AND REVOCATION OF
LICENSES
In every application for a license, the applicant shall:
2
6.
7.
8.
a) complete an application for a license in the form supplied by
the Town of East Gwillimbury;
b) pay to the Town a non-refundable application fee in the
amount identified in Schedule "A" attached;
c) describe the location for the designated area, and provide a
letter from the property owner or property manager
permitting the use of his/her land for the proposed use;
d) satisfy the Licensing Officer that the proposed designated
area meets the following criteria;
I. it shall be located only on land zoned commercial or
industrial, pursuant to the Town of East Gwillimbury
Zoning By-Law #97-50, as amended, or any successor
legislation;
II. it shall not be located within fifty metres of an
intersection;
III. it shall be set back at least three metres from a highway;
or such greater distance as may be required by the
Region of York or the Ministry of Transportation,
whichever has jurisdiction over the adjacent highway;
and
IV. it shall not be located directly in front of an entrance or
exit of a building.
e) provide written confirmation from the Town's Engineering
Department, Region of York, or Ministry of Transportation
(whichever has jurisdiction over the road adjacent to the
designated area), that such agency is satisfied that adequate
sight lines from the road allowance to the designated area
will be maintained;
f)
provide proof satisfactory to the municipality that the owner
of any refreshment vehicle, catering truck, wagon, or cart
carries a minimum of two million dollars public liability
insurance. The insurance policy shall contain the clause
naming the Town of East Gwillimbury as an "additional
insured"; and
g) provide written confirmation of approval from York Region
Health Department indicating their regulations have been
satisfied.
A license issued pursuant to this By-law shall be valid, unless
revoked, for one calendar year (January I to December 31) or any
part thereof, and the fee for a license shall not be pro-rated for any
part of a year.
The Clerk may revoke any license issued pursuant to this by-law at
any time during its term if the holder of a license ceases to be
qualified to hold such license or if the licensee breaches any of the
provisions of this by-law.
Notwithstanding the foregoing provisions of this Part, a license may
be issued to the operator of a catering truck without provision of a
3
PART4
9.
10.
I I
12.
13.
14.
15.
16.
17.
18.
designated area, if the applicant confonns to the following criteria
and all of the other provisions of this by-law:
a) the applicant shall supply a list of local businesses where the
catering truck will stop to sell products; and
b) the applicant shall obtain and maintain York Regional
Health Unit Approval.
REQUIREMENTS APPLICABLE TO ALL LICENSES
Where a refreshment vehicle or catering truck utilizes propane, the
refreshment vehicle or catering truck shall be inspected and
certified at the time of application and on an annual basis by an
authorized inspector and such certification shall be filed with the
municipality at the time of application, annually thereafter and
immediately upon the request of any person authorized to enforce
this by-law.
Every refreshment vehicle, catering truck, wagon or cart shall be
equipped with a metal refuse container with a self closing lid, and
such container shall be kept in a clean and sanitary condition and
emptied at least once daily and such containers shall be used for the
disposal of all refuse. The licensee is responsible for all litter pick-
ups at the site associated with the products/items being sold by the
licensee. If recyclable packaging and/or containers are being sold,
the licensee must provide a separate container suitable for
recyclablcs, suitably marked.
The licensee shall ensure that every refreshment vehicle and
catering truck shall have posted or painted, in a contrasting colour,
on both side panels, in clearly visible lettering, the name of the
business of the licensee.
No refreshments, foodstuffs, vegetables or fruit shall be sold from a
refreshment vehicle, catering truck, wagon or cart that is drawn by
an animal.
No licensee shall operate any refreshment vehicle, catering truck,
wagon, or cart between the hours of9:00 p.m. and 6:00a.m.
No licensee shall permit any individual other than a bona fide
employee to operate the refreshment vehicle, catering truck, wagon
or cart.
No refreshment vehicle, catering truck, wagon or cart shall be
equipped with any flashing lights or sounding device for attracting
attention.
Refreshment vehicles, catering trucks, wagons or carts shall not be
permitted to operate in Town parks or on Town property or for
Town sponsored events unless written authority is first received
from the Town Recreation Director.
No person shall sell any products of a type not listed on his or her
license application.
Except as permitted in Section 8, hereof, no licensee shall sell or
offer for sale any product outside of the designated area described
in his or her license.
4
19.
20.
21.
PARTS
22.
PART6
23.
PART7
24.
Every licensee shall at all times while canying on his/her business
have the license in their possession and shall upon demand exhibit it
to a Provincial Offences Officer, Licensing Officer or a Police
Officer.
Any signs used in connection with the business of the Licensee
must adhere to Town of East Gwillimbury Sign By-law #99-44, as
amended, or any successor By-law, and any sign erected on Region
of York or the Ministry of Transportation property must adhere to
their respective Sign By-laws.
Every licensee shall ensure that each operator or employee is made
familiar with the contents of this By-law and shall not permit any
operator under his or her control, management, supervision or
direction to breach any of the provisions of this by-law.
NO LICENSE REQUIRED
A license to sell products shall not be required if:
a) the products offered for sale are from crops grown on a farm
in East Gwillimbury and offered for sale on the same farm,
but no other products including prepared food may be
offered for sale unless the vendor has a license issued under
this by-law;
b) the products are sold by a Registered Charitable
Organization, or by any of the following Service Clubs;
I. Boy Scouts
II. Girl Guides
III. East Gwillimbury Chamber of Commerce
IV. East Gwillimbury Optimists Club
V. Lions Club
VI. Knights of Columbus
VII. Kinette Club
VIII. Canadian Legion
IX. Oddfellows Lodge
X. Women's Institute
XI. Shriners Club
XII. Masonic Lodge; or
c) the products sold are in conjunction with and as part of a
community festival of the Town of East Gwillimbury and
the vendor has received pennission in writing from the
Town and the organizers of the festival to sell within the
celebration area.
ENFORCEMENT
Any Police Officer, Provincial Offences Officer, Licensing Officer
or other Town employee designated by the municipality may
enforce the provisions of this by-law.
OFFENCES AND PENALTIES
Every person who contravenes any provision of this By-Law is, on
conviction, and every director or officer of a corporation who
concurs in such contravention by a corporation is guilty of an
offence and, upon conviction, shall be liable to a fine as provided
under the Provincial Offences act as amended from time to time.
5
PARTS
25.
REPEAL
By-Law #2002-17 is hereby repealed.
READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED THIS
_____ DAY OF __________
~2005.
James Young, Mayor
Lucille King, Clerk
6
SCHEDULE "A" TO BY-LAW NUMBER 2005-
TYPE
Refreshment Vehicle/Catering Truck
Fruit & Vegetable Wagon and/or Cart, Flower
Cart
LICENSE FEE
$275.00
$275.00
7