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THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BLUFFS
BY-LAWNO. 41-2002
To provide For The Licensing and Regulation
of Refreshment Vehicles
WHEREAS the Municipal Act, R.S.O. 1990, Chapter m.45, Section 257.2(1) as amended,
provides in part that the council of a local municipality may pass by-laws for licensing, regulating
and governing any business carried on within the muuicipality;
AND WHEREAS subs. 257.2(5) of the Municipal Act, R.S.O. 1990, c.M.45, as amended, provides
that a by-law of a local municipality licensing a business expires the earlier of five years after it
comes into force or the day it is repealed;
AND WHEREAS the Couucil of the Township of Georgian Bluffs deems it expedient to pass a
By-law to license and regulate refreshment vehicles;
NOW THEREFORE the Municipal Council of the Corporation of the Township of Georgian
Bluffs enacts as follows:
1.
For purposes of this By-law:
a)
"Corporation" shall mean the Corporation of the Township of Georgian Bluffs;
b)
"Couucil" shall mean the Couucil of the Corporation of the Township of Georgian
Bluffs;
c)
"Licensing Officer" means the person or persons authorized by the Council to act
on their behalf in all matters relating to this by-law;
d)
"Person" shall mean a natural individual, including women as well as men and
includes their heirs, executors, administrators, or other legal representative of such
person to whom the context can apply according to law, as well as artificial beings
such as corporations;
e)
"Operator" shall mean:
(i
A person who is the owner of a refreshment vehicle or a refreshment cart,
including a person who is the registered owner of a refreshment vehicle
according to the records maintained by the Registrar of Vehicles for the
Province of Ontario; and
(ii
A person who has the care and control of a refreshment vehicle or
refreshment cart under a lease or other rental agreement;
provided, where a person has the exclusive care and control of a refreshment
vehicle or refreshment cart under a lease or other rental agreement "operator" shall
not include a person who is the owner of the refreshment vehicle or a person who is
the registered owner of the refreshment vehicle according to the records maintained
by the Registrar of Vehicles for the Province of Ontario;
f)
"Refreshments" shall mean food or drink;
g)
"Refreshment Vehicle" shall mean any vehicle from which refreshments are sold
for consumption by the public and shall include a motor vehicle, motor assisted
bicycle, trailer, unmotorized vehicle, bicycle, tricycle and any other vehicle drawn,
propelled or driven by any kind of power, including muscular power;
h)
"Motor Vehicle" shall mean any vehicle powered by a motor and equipped to travel
on roads, but shall not include a farm tractor, self-propelled implement of
husbandry, road building machine, motorcycle or motor assisted bicycle;
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2.
No person shall sell or operate a refreshment vehicle within the municipal boundaries of
the Corporation without first obtaining (and thereafter keeping in good standing) a
refreshment vehicle license from the Corporation in accordance with the provisions of this
By-law;
3.
Every application for a license shall be accompanied by:
a)
A statement on the form provided by the Corporation giving particulars as to the
location of the premises together with such other information as may be required to
determine the compliance of the use with all applicable by-laws and regulations;
b)
The appropriate fee as specified in Schedule "A" to this by-law;
4.
A separate license shall be obtained for each vehicle and the issue of such license shall be
subject to the following:
a)
To enforce the provisions of this by-law the Licensing Officer or other person so
authorized may investigate any trade or calling;
b)
Prior to the issue of such license, a certificate from the Medical Officer of Health
may be required certifying that the premises to be licensed are in a proper sanitary
condition and that adequate sanitary facilities are provided for the use of patrons
thereto;
c)
Each license, when issued, shall be posted in a conspicuous place on the vehicle so
licensed;
d)
The license granted for any refreshment vehicle may be revoked whose ovvner or
licensee does not comply with the foregoing or where such license has been issued
tlu·ough error or contrary to the provisions of any by-law or regulation;
e)
Licenses issued under the provisions of this by-law, unless otherwise expressed to
be granted for a shorter period, shall expire on the 31" day of December in the year
in which they are issued;
f)
The body, doors and windows of such vehicle shall be of sufficiently sound
construction to provide reasonable protection against dust, dirt, flies and other
injurious matter or things;
g)
The interior of the vehicle shall be of a light colour and shall be repainted or
refinished as often as required by the Licensing Officer or any person designated by
it;
h)
The floor of such vehicle shall be of a suitable impervious material, free of holes,
cracks or crevices and the surface thereof shall be readily washable and shall be
kept clean and in good condition;
i)
The storage shelves therein shall be painted or covered with suitable impervious
materials;
j)
The vehicle shall have painted, in contrasting colour on both side panels in letters
and figures at least 4 inches high, the name and business address of the owner
thereof;
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k)
All condiments, milk, cream and sugar shall be dispensed from containers approved
by the Licensing Officer;
I)
Only single-service disposable cups, plates, containers, forks, spoons and serviettes
provided in dispensers approved by the Licensing Officer or individually wrapped
shall be used in the sale of all refreshments;
m)
The vehicle shall be equipped with either:
1.
A metal refuse container with a self-closing lid which shall be kept at all
times in a clean and sanitary condition and emptied at least once daily; or
2.
A disposable litter container which shall be replaced daily;
and such containers shall be used for the disposal of all refuse;
n)
Every person selling or handling refreshments shall wear clean clothes, be clean
and neat in appearance, have clean hands and be the holder of a current food
handler's permit from the Medical Officer of Health of each area municipality in
which the vehicle is to be operated and shall keep with him and produce for
inspection by the Licensing Officer or any of its staff such food handler's permit at
all times.
o)
The vehicle and all parts and equipment thereof for use in the dispensing of
refreshments shall at all times be kept in a clean and sanitary condition and in good
repmr.
p)
All milk sold from the vehicle shall be kept in dry storage at a temperature no
higher than 40 degrees Fahrenheit and shall be sold only in individual, disposable
containers.
q)
All sandwiches, cakes, doughnuts, hot dogs, hamburgers, pies and other similar
foods shall be wrapped and sold in individual servings;
r)
The date of preparation shall be clearly and legibly marked as such on or affixed to
the wrapper of all sandwiches sold from the vehicle;
s)
No prepared foods other than those kept in unopened cans shall be sold more than
twenty-four hours after their preparation;
t)
Adequate refrigeration at a temperature no higher than 40 degrees Fahrenheit shall
be provided for perishable foodstuffs which shall be kept so refrigerated;
u)
The vehicle shall be equipped so as to maintain hot, prepared foods at a temperature
of not less than 150 degrees Fahrenheit, and such foods shall be kept so heated;
v)
All refreshments sold from the vehicle shall be clean, fresh and wholesome;
w)
No operator of a refreshment vehicle, licensed under this by-law, shall park on any
lot, highway, or other location, while carrying on the business for which it is
licensed, for a period of time exceeding four hours, during any 24 hour period,
unless written approval from the Council is received;
x)
No operator of a refreshment vehicle, licensed under this by-law shall park or stop
such vehicle, for the purpose of carrying on the business for which it is licensed, at
a distance less than fifty (50) feet from any intersection, or less than one hundred
(l 00) feet from the entrance to any park, or less than fifteen hundred (1 ,500) feet
from any school ground;
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y)
No operator of a refreshment vehicle, licensed under this by-law shall park or stop
such vehicle, for the purpose of carrying on the business for which it is licensed, on
any road within a Residential Plan of Subdivision, unless such subdivision is still in
the process of development and houses thereon are still in the process of
construction;
z)
Every owner of a vehicle or cart operating by propane shall file annually with the
Township of Georgian Bluffs, during the license renewal, an inspection certificate
signed by a propane fitter, I" class (PF -1) or 2"d class (PF -2) confirming that the
inspection has been done by a qualified fitter with an A orB licence in accordance
with the Ontario Code, under the direction of the Ministry of Consumer and
Commercial Relations. And further, all companies performing this task shall be a
registered contractor under the Energy Act.
5.
No license issued under the provisions of this by-law shall be transferred.
6.
No license shall be issued contrary to the provisions of any applicable zoning by-law.
7.
Where any licensee is convicted of an offence under this by-law the license shall be
suspended forthwith and shall not be reinstated until the licensing officer certifies in
writing that the condition resulting in the charge and conviction have been remedied and
that the premises and its proposed operation comply with this by-law.
8.
If any provision or requirement of this by-law or the application thereof to any person shall
to any extent be held to be invalid or unenforceable, the remainder of this By-law or the
application of such provision or requirement to all persons other than those to which it is
held to be invalid or unenforceable, shall not be affected thereby and each provision and
requirement of this By-law shall be separately valid and enforceable to the fullest extent
permitted by law.
9.
Any person who contravenes any provision of this by-law is guilty of an offence, pursuant
to Section 61 of the Provincial Offences Act R.S.O. 1990, chapter P.33, as amended or re-
enacted from time to time.
10.
This by-law comes into force on the day of its passing by Council.
Read a first and second time this 21" day of August 2002.
Read a third time and finally passed this 21" day of August 2002.
Clerk- Ke
Township of Georgian Bluffs
Serve Refreshments from Vehicle By~law No. 41~2002
SCHEDULE 'A'
To By-law No. 41-2002
License Fee
Every owner of a refreshment vehicle shall pay a Licensing Fee
in accordance with the following:
Refreshment Vehicle with Commercial Cooking Equipment
Annual Fee $300.00
Event Fee $75.00
Refreshment Vehicle without Commercial Cooking Equipment
Annual Fee $175.00
Event Fee $50.00
Refreshment Vehicle muscular power driven
Annual Fee $50.00
Event Fee $15.00
Amended By 2018-007
Township of Georgian Bluffs
Application to Operate a Refreshment Vehicle
New Business: D
Renewal: D
APPLICANT IDENTIFICATION:
Registered Name of Business-------------------------
Name of Applicant---------------------------
Address of Applicant--------------------------
Operating Business Address--------------------------
Mailing Address----------------------------
Postal Code-----------
Telephone Numbers:
Residence: --------
Business:--------
Contact Person/Position __________________________ _
REFRESHMENT VEHICLE INFORMATION
Type of Vehicle Being Used:-------------------------
Vehicle Licence Plate Number: _____________ _
Type of Food Being Served:-------------------------
Proposed Location of Vehicle:------------------------
Days of Operation:-----------------------------
Hours of Operation: _____ am
to ____ pm
Is a "Deep Fryer" Being Installed?
Yes D
NoD
OTHER INFORMATION
Owner of Property Where Vehicle to be Located: ----------------
If applicant not owner, letter of permission is required.
Attached D
Dated this
day of
, 20 __
Signature of Owner/Agent
PLEA&E USE THE FOLLOWING CHECKLIST TO ENSURE THAT ALL
DOCUMENTATION HAS BEEN ATTACHED TO YOUR APPLICATION FORM, OR
ARR\.NGEMENTS MADE FOR THE NECESSARY INSPECTIONS/APPROVALS
Grey Bruce Health Unit
Annual Inspection Report
Attached o
Arranged o
Propane/Gas Inspection by Licensed Installer
(within last 6 months)
Attached o
Arranged o
Letter of Permission from Property Owner
(if rcq u ired)
Attached o
Arranged o
Proof of Liability Insurance Coverage
{rninimum $1 m.illion)
Attached o
Arranged o
Clearance from Roads Authority
Township Road -Public Works Superintendent
Attached o
Arranged D
County Road- County Engineering Dept.
Provincial Highway- MTO
License Fee
(payable to Township of Georgian Bluffs)
Attached o
Arranged D
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------------ ------------
Upon receipt of your application, we will arrange for:
l.
Zoning Clearance
OFFICE USE ONLY
Zoning Administrator
Date:
Grey Bruce Health Unit:
Date:
Gas or Propane Inspector:
Date:
Road Authority:
Public Works Supt. (Twp. Road)
County Engineering (County Road)
Date:
MTO (Provincial Highway)
Licensing Officer
Date:
APPROVAL/REFUSAL
LICENSE APPROVED:
No.
On:
Conditions on Approval
LICENSE REFUSED:
By:
On:
Reasons for Refusal:
I
Notice to Applicant:
By:
On:
~
"~"·
I
Hcarinv n,
YesD
NoD
U Yes HearinQ Date:
Decision:
Approved: o
Denied: D
'