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The Corporation of the Town of Fort Frances
By-Law 50-25
Being a By-Law to licence, regulate and govern vehicles from which refreshments are sold by consumption to the public within the town of Fort Frances.
WHEREAS Section 11 (3) of the Municipal Act, S.O. 2001, c.25 authorizes passing of by-laws respecting Business licensing;
AND WHEREAS Sections 150 and 151 of the Municipal Act, allow a municipality to licence, regulate, provide standards and govern any business wholly or partly carried on within the municipality, even if the business is being carried on from a location outside the municipality;
AND WHEREAS the Council of The Corporation of the Town of Fort Frances deems it expedient to enact such a by-law;
NOW THEREFORE the Council of The Corporation of the Town of Fort Frances does hereby enact as follows that:
# 1. DEFINITIONS
For the purpose of this by-law the following definitions shall apply:
"Applicant" means a person applying for a Mobile Food Vehicle licence or renewal of a licence under this by-law.
"Council" means the Council of the Corporation of the Town of Fort Frances.
"Licence" means a Mobile Food Vehicle licence issued by the Town under the provisions of this By-law.
"Licensee" means any Person licensed under this By-law.
"Clerk" means the Clerk of the Town of Fort Frances or designate.
"Officer" means a Police Officer as defined in the Police Services Act, R.S.O. 1990, and shall include a Municipal Law Enforcement Officer.
"Owner" shall refer to the Person who is managing or responsible for the overall operations of a business requiring a License.
"Person" includes an individual, a corporation, partnership or sole proprietorship.
"Mobile Food Vehicle" means a self-propelled motor vehicle or towable trailer that is equipped with installed facilities for the storage, preparation, and/or cooking of food or beverages for sale to the public, including hot or cold items, whether prepared on-site or prepackaged, and that is designed to be mobile and not permanently affixed to any location.
"Town" means the municipal Corporation of the Town of Fort Frances.
# 2. GENERAL
2.1 No Licence issued under this By-law is transferable.
2.2 No Person shall operate a Mobile Food Vehicle without a Licence.
2.3 No Person shall operate a Mobile Food Vehicle with a suspended or revoked Licence.
2.4 The Licensee shall conform to the requirements and conditions of the Licence throughout the Licence term.
2.5 Every Licence issued in accordance with this By-law shall expire on the day specified within the License and shall only be valid within the calendar year for which it was issued.
2.6 No Person shall obstruct an Officer during the performance of a duty under this By-law.
2.7 For the purposes of this By-law, Council delegates its licensing authority and the administration of this By-law to the Clerk.
2.8 Without limiting the provisions of this section, Council shall remain the deciding authority in the event the Clerk recommends the refusal, suspension or revocation of a Licence under this By-law.
# 3. MOBILE FOOD VEHICLE
3.1 No person shall sell from a Mobile Food Vehicle for consumption by the public without having first applied to the Town for a licence to do so. The said licence shall be issued by the Clerk or delegate for the Town of Fort Frances.
3.2 The fee for a Mobile Food Vehicle licence is set out in the User Fees By-law. The Licence will have an expiration date based on the length and type of licence purchased.
3.3 Prior to the issuance of a Licence and prior to the renewal of each Licence, the applicant shall submit an application form.
3.4 The applicant will contact Planning and Development to schedule an approved location for service, attached hereto as Schedule "A", or inform them of the private commercial location they will be located.
3.5 If applicable, written permission from the registered owners of the land upon which the Mobile Food Vehicle is to be located, including the permitted timeframe, must be attained.
3.6 If applicable, written permission from the registered owners of a similar or competing existing business within 150 metres of the location, must be attained.
3.7 Prior to the issuance of a Mobile Food Vehicle Licence and prior to the renewal of each Licence, the Transportation Superintendent and Fire Chief, if applicable, shall confirm, satisfaction with the placement and setup of the Mobile Food Vehicle.
3.8 Prior to the issuance of a Licence and prior to the renewal of each Licence, the applicant shall produce to the Clerk, confirmation from the Northwestern Health Unit stating that the Health Unit has inspected the Mobile Food Vehicle and approves of the issuing of a licence to sell refreshments for consumption by the public.
3.9 Prior to the issuance of a Licence and prior to the renewal of each Licence, the applicant, shall produce to the Clerk, signed evidence of inspection, from a qualified propane fitter that the installed propane-fuelled appliances, if any, comply with "The Ontario Propane Code".
3.10 Prior to the issuance of a Licence and prior to the renewal of each Licence, the applicant, shall produce to the Clerk, valid proof of insurance.
3.11 Notwithstanding Section 3.1.10, on the request of a person holding a Licence, the Clerk may approve of the parking, standing or stopping for a specified period of time of a Mobile Food Vehicle on a public street, highway, park, parking lot or other public place for the purpose of selling refreshments for consumption by the public at events being held within the Town such as festivals, games of sport and similar type events.
3.12 The Clerk may revoke a Licence at any time:
(a) When the licensee is found to be in breach of the provisions of this by law, or any other Town of Fort Frances By-law, unless permission has first been obtained.
(b) On recommendation of the Northwestern Health Unit when the Licensee is found to be contravening any Health Act and/or regulation with regard to the preparation and serving of food for consumption by the public.
(c) If there are reasonable grounds to believe the Mobile Food Vehicle poses a danger to the health and safety of any person, and/or poses a danger to property.
# 4. PILOT PROVISIONS
(a) This By-law applies to the licensing and regulation of Mobile Food Vehicles operating within the Municipality from the date of passing until December 31, 2026.
(b) During the term of this By-law, any provisions respecting Mobile Food Vehicles contained in any other municipal by-law, including 57-05 are hereby superseded and replaced by this By-law.
(c) Except as otherwise provided in this By-law, the enforcement, offences, and penalty provisions of 57-05 apply to this By-law as though fully set out herein.
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# 5. SEVERABILITY
Should any section, subsection, clause, paragraph or provision of this bylaw, including any part of schedules be declared by a court of competent jurisdiction to be ultra vires, invalid or illegal for any reason, the same shall not affect the validity of the by-law as a whole.
# 6. SHORT TITLE
This by-law shall be cited as "Mobile Food Vehicle Pilot By-Law."
This by-law shall come into force and take effect on final passing.
ENACTED and PASSED this 11th day of August 2025
| | | |
| --- | --- | --- |
| | | |
| Chelsea Greig, Municipal Clerk | | Andrew Hallikas, Mayor |
Mobile Food Vehicle Pilot By-Law
Schedule "A"
Approved Locations on Municipal Property
| | |
| --- | --- |
| 100 Block Scott Street | 1 Spot |
| 200 Block Scott Street | 1 Spot |
| 300 Block Scott Street | 1 Spot |
| 400 Block Scott Street | 1 Spot |
| Splash Park | 1 Spot |
| Memorial Sports Centre | 1 Spot |
| Sorting Gap Marina | 4 Spots Maximum |
| Special Events/Road Closures | To be approved through Parades and Road Closures special events permitting |
By-Law 44-25 Page 1 of 6