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CORPORATION OF THE TOWN OF GEORGINA
IN THE
REGIONAL MUNICIPALITY OF YORK
BY-LAW NO. 2019-0068 (Ll-3)
A BY-LAW RELAI-ING TO OWNERS OF VEHICLES FROM WHICH
REFRESHMENTSARE SOLD FOR CONSUMPTION BYTHE PUBLIC
WHEREAS THE Council of the Town of Georgina may, pursuant to the MunicipalAct,
2OO1 , S. O. 2001 , c.25 as amended, ("The Municipal Act") enact by-laws for the
licensing, regulating and governing of businesses and occupations in the Town of
Georgina;
AND WHEREAS the Council of the Town of Georgina deems it desirable to enact a by-
law to licence refreshment vehicles;
BE ¡T THEREFORE ENACTED BY THE COUNCIL OF THE TOWN OF GEORGINA:
1,
DEFINITIONS
For the purposes of this By-law:
"Applicant" means a person applying for a licence to carry on a business, activity or
undertaking pursuant to this By-law;
"Application" means an application in the form provided by the Clerk's Division and
accompanied by the appropriate fee;
"Blanket Licence" means a licence issued for a specific event by the Licensing lssuer
for all refreshment vehicles participating in the one-time event.
"Clerk" means the Town Clerk for the Corporation of the Town of Georgina or his/her
designate;
"Committeen' means the Committee appointed by Council for such purpose of
conducting a hearing;
"Council" means the Council of the Corporation of the Town of Georgina;
ooGriminal Record Check" means a certified background check issued by any public
police service in Ontario;
"Event Organizer" means the organizer andlor coordinator of an event or festival in the
Town of Georgina;
1
n'Fire Chief" means the Fire Chief of the Corporation of the Town of Georgina or his
designate;
"Health Department" means York Region Health Services Department or any other
agency carrying out the responsibilities of the York Region Public Health;
"Licence" means the ceftifícate or other similar document issued pursuant to this By-
law as proof of licensing under this By-law;
"Licensee" means any person who is licensed pursuant to this By-law;
"Licensing lssuer" means the person designated on behalf of the Corporation of the
Town of Georgina and or his/her designate to issue licenses under this By-law;
"Licensing lnspectorn' means any person appointed by the Corporation of the Town of
Georgina as a Municipal Law Enforcement Officer for the purposes of enforcing this By-
law;
"Motor Vehicle" includes an automobile, a motorcycle, a motor assisted bicycle unless
otherwise indicated in this By-law, and any other vehicle propelled or driven otherwise
than by muscular power, but does not include a street car or other motor vehicle running
only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a
farm tractor, a self-propelled implement of husbandry or a road-building machine;
"One-Time Event" means a gathering held in the Town of Georgina, which is an event
not exceeding four consecutive calendar days, open to the public, (either free or
ticketed), for a cultural, charitable, commercial, entertainment, or cause-related purpose
and/or conducted for the purpose of attracting revenue, support, awareness and/or
enteftainment;
"operate" means to have care, control or are employed and workíng in or on a
refreshment vehicle whether the vehicle is in motion or not;
"Owner" means a person who is the registered owner of a refreshment vehicle;
"Owner's Plate" means a numbered metal plate or any other form of identification
device issued by the Corporation of the Town of Georgina to an owner licensed
pursuant to this By-law;
"Person" includes a corporation and the heirs, executors, administrators or other legal
representatives of a person to whom the context can apply according to law;
"Police Chief" means the Police Chief of York Regional Police or his/her designate;
"Public Place" means a place to which the general public is invited or permitted
access, whether or not for a fee.
"Refreshment" means any food and/or drink intended to be consumed upon purchase;
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"Refreshment Vehicle" means a vehicle which is used or is intended to be used for the
sale of refreshments and/or food intended to be consumed upon purchase and includes
a refreshment vehicle Class 1, Class 2, Class 3 and/or Class 4;
"Town" means the Corporation of the Town of Georgina in the Regional Municipality of
York;
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building
machine, bicycle and any vehicle drawn, propelled or driven by any kind of power,
including manual power, but does not include a motorized snow vehicle or a street car.
2.
VEHICLE CLASSIFICATIONS
For the purposes of this By-law, the following classifications of refreshment vehicles are
subject to licensing:
Class 1: means a large vehicle either stationary or mobile, equipped with facilities for
cooking, selling, offering for sale, serving and/or dispensing of refreshments, and
includes but is not limited to food trucks;
Class 2: means a vehicle that is designed for or intended to be used for the selling,
offering for sale, serving, and/or dispensing of refreshments and/or prepackaged items
and includes but is not limited to vehicles such as catering trucks and ice cream trucks;
Class 3: mean a trailerlcart that is stationary and is designed for or intended to be used
for the selling, offering for sale, serving, and/or dispensing of refreshments, and
includes but is not limited to hot dog carts;
Class 4: means a manual powered cart that is designed for or intended to be used for
the selling, offering for sale, serving and/or dispensing of refreshments, and includes but
is not limited to bicycle ice cream carts;
3.
PROCEDURES AND GENERAL LICENSING PROVISIONS
(1) No person shall alter, erase or modify a licence or allow the alterations, erasure
or modification of a licence without the approval of the Licence lssuer.
(2) Every application for renewal of a licence shall be delivered to the Clerk's
Division no later than 4:30 p.m., thirty (30) days prior to the expiry date of the
licence as set out in Appendix "A".
(3) Every corporate applicant shallfile a copy of its incorporating documents, along
with any amending document.
(4) Where two or more persons carry on or engage in partnership in any of the
trades, callings, businesses or occupations set out in this By-law, the licence may
be issued in the name of one partner only, but when the application for licence is
ô
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made, the name and address of each member of the partnership shall be set out
therein.
(5) Every applicant shall file a business registration under the Busrness Names Act,
R.S.O. 1990, c.B.1Z as amended, where the name is other than in name of sole
proprietor.
(6) Every licensee or applicant on request of the Licence lssuer shall file such
documentation as is necessary to determine the applicant's compliance with the
provisions of this By-law
(7) Every person applying for or holding a licence under this By-law shall, in such
application or in carrying on or engaging in the trade, calling, business or
occupation in respect of which the licence is issued, observe, comply with and to
be governed by the regulations set out in this By-law, or any amending By-law
which relate to such person.
(8) Every licencee shall, on request of the Fire Chief, Police Chief, Licence lssuer or
Licensing lnspecto¡ produce his/her licence and any other documentation
requested.
(9) Every licensee operating propane or natural gas vehicles shall have annual
inspections and shall have affixed to the windshield, a valid windshield sticker
issued by a qualified propane or natural gas inspector.
(10) Every licensee shall post, in a conspicuous place, his/her licence and if the
Licence lssuer does not deem posting appropriate shall carry his/her licence with
him.
(11) All plates issued pursuant to this By-law shall remain the property of the Town
(12) When the applicant is not the owner of the property from where he/she will be
operating such business, trade or occupation he/she will be required to produce a
letter from the owner authorizing the use of the property for such purpose.
4.
BUSINESS NAME AND CHANGE OF INFORMATION
(1) A licensee shall carry on business in the Town in the name which is set out on
the licence and shall not carry on business in the Town in any other name unless
he/she has first notified the Licensing lssuer.
(2) A licensee shall notify the Licensing lssuer within five (5) days, of any change of
name, address or any other information related to the licensee.
(3) Where a corporation is making an application for a licence under this By-law, the
application shall be made by a duly authorized director or officer of that
corporation.
4
(4) Where the licensee is a corporation, the licensee shall notify the Licensing lssuer
of any change in the names and addresses of officers and directors, the location
of the corporate head office, change of ownership of shares within five (5) days
of the change, and if necessary, the licence shall be returned immediately to the
Licensing lssuer for amendment.
(5) Where a partnership is making an application for a licence under this By-law, the
application shall be made by one or more of the padners.
5.
ADMINISTRATION
(1) The Licensing lssuer shall
(a) receive and process all applications for licenses and for renewal of
licenses;
(b) provide the Georgina Fire Department notification of all applications for
which an inspection must be conducted under this By-law;
issue all licenses, when an application is made in accordance with the
provisions of this By-law;
(c)
(d) maintain complete records showing all applications received and licenses
issued;
(e) generally perform all the administrative functions conferred upon the
Licence lssuer by this BY-law;
(f)
upon receipt of an application, make or cause to be made all
investigations relative to such application as set out in Appendix "8".
6.
ANNUAL OWNER REGULATIONS
(1) Every applicant of an annual refreshment vehicle licence or for the renewal of
such licence, shallfile with the Licensing lssuer a complete application and
provide the following original documentation:
(a) a Criminal Record Check for each registered owner issued by any public
police service in Ontario and dated within thirty (30) days of the date of
application;
(b) a copy of one of the following - Business Registration, Business Licence,
Partnership Documentation Corporation Documents or Articles of
lncorporation;
(c) written permission from the propedy owner where the stationary vehicle
operates from, as well as a site plan identifying the number of parking
5
spaces, building structures, setbacks to lot lines, location of fire hydrants,
fire routes and any hazard(s) on site;
(d) a certificate or letter from York Region Public Health Branch indicating
approval for the refreshment vehicle, dated within thirty (30) days of the
date of application;
(e)
a certificate of Automobile lnsurance in the amount of two million dollars
($2,000,000), not applicable to Class 4;
(Ð
a certificate of General Liability lnsurance in the amount of two million
dollars ($2,000,000);
(g) a ïechnical Standards and SafetyAuthority (TSSA) annual inspection
document MFSE-002 completed by a licensed gas technician ín Ontario,
within twelve (12) months of the application or renewal submission date;
(h) fire protection hood and suppression system inspection report by a
qualified technician within six (6) months of the application or renewal
submission date;
(i)
portable fire extinguisher inspection report inspected by a qualified
technician and shall be in conformance with NFPA 10 within twelve (12)
months of the application or renewal date;
0)
the appropriate ficence fee as set out in Appendix "4".
7.
OWNERRESPONSIBILITY
(1) Every owner licensed under this By-law shall
(a) have an approval and/or inspection conducted by the Georgina Fire
Department (except for Class 4 vehicles);
(b) ensure that a separate licence is taken out for each refreshment vehicle
owned or operated by him/her;
(c) ensure the plate issued is securely affixed to the rear of the vehicle in a
manner approved by the Licensing lnspector;
(d) ensure every vehicle from which refreshments are sold shall be of a
vehicle classification as stated in this By-law and approved by the
Licensing lssuer;
(e) whenever required to do so by the Licensing lssuer or Licensing lnspector
bring such vehicle for inspection, at the place and time indicated by such
person;
6
adhere to all health regulations and requirements of York Region Public
Health Branch.
8.
PROHIBITIONS
(1) No person shall:
(a) operate a refreshment vehicle which is not licensed under this By-law;
(b) operate a refreshment vehicle containing commercial cooking equipment
(with exhaust and fire protection systems) except in conformance with NFPA
96, Standard for Ventilation Control and Fire Protection of Commercial
Cooking Operations;
(c) operate a refreshment vehicle unless the owner's plate issued by the
Licensing lssuer is affixed thereto;
(d) operate a refreshment vehicle from any site unless such use is permitted by
the Town's Zoning By-law #500 as may be amended from time to time;
(e) stop to sell refreshments within one hundred (100) metres of the entrance or
exit to any school grounds, public park as set out in Appendix "D" or within
one hundred (100) metres of any school ground or public park as set out in
Appendix "D";
(0 stop to sell refreshments within two hundred (200) metres of a business that
sells the same type of product;
(g) stop for more than ten (10) minutes any refreshment vehicle on a roadway
to sell refreshments unless servicing a construction site or work crew;
(h) stop a refreshment vehicle to sell refreshments on any property unless the
Town's Zoning By-law #500 indicates that the sale of refreshments is a
permitted use for such property;
(i) stop a refreshment vehicle to sell refreshments on any property without the
written permission of the property owner, clearly identifying the location;
0) operate or stop to sell within thirty (30) metres of any intersection;
(2) No refreshment vehicle shall operate in a Town park unless permission and a
permit has been provided by the Director of Recreation & Culture or designate
and the refreshment vehicle has a valid licence.
9.
GENERAL REGULATIONS
(1) Every owner under this By-law shall:
(a) be civil and behave courteously;
(Ð
7
(b) wear clean clothes, be clean and neat in appearance, and have clean
hands;
(c) keep the interior and exterior of the refreshment vehicle clean and in good
repair;
(d) ensure that all equipment used for dispensing refreshments are kept in a
clean and sanitary condition;
(e) adhere to all health regulations and requirements as stated by York Region
Public Health Branch;
(Ð ensure that condiments are only dispensed from containers approved by
the York Region Public Health Branch;
(g) only use single service disposable cups, plates, forks, knives, spoons,
serviettes which are individually wrapped or provided in dispensers
approved by the York Region Public Health Branch;
(h) clean up any debris, refuse and garbage resulting from the operation of the
refreshment vehicle and maintain the immediate vicinity in a clean and
orderly condition of the serving location of the refreshment.
(2) No person shall solicit business to a refreshment vehicle through the use of any
noise-making device in a manner likely to disturb the public.
(3) No owner or an employee of the owner shall take, consume or have in his/her
possession any alcohol, drugs or intoxicants while operating a refreshment
vehicle under this By-law.
10. REFRESHMENT VEH¡CLE CLASS 1: REQUIREMENTS
(1) Every Class 1 Refreshment Vehicle shall have:
(a) a "mirror system" which makes it possible for the driver to complete a 360
degree visual inspection of the area around the refreshment vehicle;
(b) a backup warning device that is engaged when the refreshment vehicle
transmission is placed in reversed gear;
(c) one or more portable fire extinguisher(s) as deemed appropriate and
approved by the Fire Chief or his designate;
(d) all portable fire extinguishers shall be securely mounted exclusively for such
use;
(e) all portable fire extinguishers shall be free of defect or damage and
maintained in accordance with NFPA 10;
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11. REFRESHMENT VEHICLE CLASS 2: REQUIRMENTS
(1) Every Class 2 Refreshment Vehicle shall have
(a) conspicuously displayed on the rear, in black letters on a yellow
background, the words "WATCH FOR CHILDREN" in letters at least 15
centimeters high and the vertical width of such yellow background shall be
at least 22.8 cenlimeters, (only applicable to ice cream trucks);
(b) a "mirror system" which makes it possible for the driver to complete a 360
degree visual inspection of the area around the Refreshment Vehicle (only
applicable to ice cream trucks);
(c) a backup warning device that is engaged when the refreshment vehicle
transmission is placed in reversed gear;
(d) one or more portable fire extinguisher(s) as deemed appropriate and
approved by the Fire Chief or his/her designate;
(e) all portable fire extinguishers shall be securely mounted exclusively for such
use;
(Ð all portable fire extinguishers shall be free of defect or damage and
maintained in accordance with NFPA 10;
(g) all sandwiches, cakes, doughnuts, hot dogs, hamburgers, pies, and other
similar foods shall be wrapped and sold in individual servings, and the date
of preparation shall be clearly and legibly marked as such on or affixed to
the wrapper of all such foods, (only applicable to catering trucks);
(h) no prepared foods other than those kept in unopened cans to be sold more
than twenty-four hours after their preparation, (only applicable to catering
trucks).
12. REFRESHMENT VEHICLE CLASS 3: REQUIREMENTS
(1) Every Class 3 Refreshment Vehicle shall have:
(a) one or more portable fire extinguisher(s) as deemed appropriate and
approved by the Fire Chief or his designate;
(b) all portable fire extinguishers shall be securely mounted exclusively for such
use;
(c) all portable fire extinguishers shall be free of defect or damage and
maintained in accordance with NFPA 10;
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13. ONE-TIME EVENT LICENCE: OPTIONS A, B and C
(1)
When a community or special event is being held in the Town, a refreshment
vehicle owner shall not:
(a) operate a refreshment vehicle from any Town park or Town recreation
facility without permission and an agreement from the Director of Recreation
and Culture or designate;
(b) operate a refreshment vehicle at an event which has been sponsored by the
Town, without first obtaining written permission from the Director of
Recreation and Culture or designate;
(c) operate a refreshment vehicle at a community event which has been
sponsored by a charitable or not for profit organization without first obtaining
written permission of the charitable or not for profit organization;
(d) operate a refreshment vehicle on any trail in the Town
(2) Any One-Time Event Licence shall only be valid for the date(s) and location listed
on the licence.
(3) Every event organizer shall provide the Licensing lssuer complete applications
for licence options A, B and C at least 10 days prior to the event.
(4) No person shall operate a refreshment vehicle without permitting the Licensing
lnspector, Fire Chief, or Police Chief to inspect such refreshment vehfcle to
ensure compliance with the provisions of this By-law.
(5) No person shall operate a refreshment vehicle without providing to the Licensing
lssuer, Licensing lnspector, Fire Chief or Police Chief, upon request all
documentation issued in relation to such vehicle by the Town pursuant to this By-
law.
14. EVENT REFRESHMENT VEHICLE LICENCE: OPTION A
(1) Every event organizer shall provide the Licensing lssuer:
(a) a list of all refreshment vehicles operating at the event;
(b) proof that York Region Public Health has been informed of the event and
event date(s);
(c) a site plan indicating the placement of the refreshment vehicles in relation to
fire routes, fire hydrants, other refreshment vehicles, buildings, amusement
rides and any other hazard(s) on site.
10
(2) Every event organizer shall obtain and provide the Licensing lssuer the following
documents from each refreshment vehicle owner operating at the event:
(a) completed "One-Time EventApplication";
(b) a copy of one of the following - Business Registration, Business Licence,
Partnership Documentation Corporation Documents orArticles of
lncorporation;
(c) Certificate of General Liability lnsurance in the amount of two million dollars
($2,000,000.00);
(d) a Criminal Record Check for each registered owner issued by any public
police service in Ontario and dated within six (6) months preceding the date
of application;
(e) a Technical Standards and SafetyAuthority (TSSA) annual inspection
report, document MFSE-002 completed by a licensed gas technician in
Ontario within twelve (12) months of the event date;
(Ð fire protection hood and suppression system inspection report by a qualified
technician within twelve (12) months of the event date;
(g) portable fire extinguisher inspection report inspected by a qualified
technician within twelve (12) months of the event date and shall be in
conformance with NFPA 10;
(h) the appropriate licence fee as set out in Appendix "A".
15. EVENT BLANKET LICENCE: OPTION B
(1) Every event organizer shall provide the Licensing lssuer:
(a) completed"One-TimeEventApplication";
(b) a list of all refreshment vehicles operating at the event;
(c) proof that York Region Public Health has been informed of the event and
event date(s);
(d) a site plan indicating the placement of the refreshment vehicles in relation
to fire routes, fire hydrants, other refreshment vehicles, buildings,
amusement rides and any other hazard(s) on site;
(e) Certificate of General Liability lnsurance in the amount of five (5) million
dollars ($5,000,000.00) and naming the Town of Georgina as an additional
insured;
11
(0
a Criminal Record Check from the "event organizer" issued by any public
police service in Ontario and dated within six (6) months preceding the
date of application;
(g) the appropriate licence fee as set out in Appendix "A".
(2) Every event organizer shall obtain and provide the Licensing lssuer the following
documents from each refreshment vehicle owner operating at the event:
(a)
a Technical Standards and SafetyAuthority (TSSA) annual inspection
report, document MFSE-002 completed by a licensed gas technician in
Ontario within twelve (12) months of the event date;
(b) fire protection hood and suppression system inspection report by a qualified
technician within twelve (12) months of the event date;
(c) a portable fire extinguisher inspection report inspected by a qualified
technician within twelve (12) months of the event date and shall be in
conformance with NFPA 10.
16.
(1)
EVENT BLANKET LICENCE: OPTION C
Every event organizer shall provide the Licensing lssuer:
(a) completed "One-Time EventApplication";
(b) a list of all refreshment vehicles operating at the event;
(c) proof that York Region Public Health has been informed of the event and
event date(s);
(d) a site plan indicating the placement of the refreshment vehicles in relation to
fire routes, fire hydrants, other refreshment vehicles, buildings, amusement
rides and any other hazard(s) on site;
Certificate of General Liability lnsurance in the amount of five (5) million
dollars ($5,000,000.00) and naming the Town of Georgina as an additional
insured;
(Ð
(e)
a Criminal Record Check from the "event organizer" issued by any public
police service in Ontario and dated within six (6) months preceding the date
of application;
the appropriate licence fee as set out in Appendix "4".
(g)
t2
(2) Every refreshment vehicle owner operating at the event shall produce the
following documents to the Licensing lssuer, Licensing lnspector, Fire Chief or
Police Chief during a mandatory inspection at the event:
(a)
a Technical Standards and SafetyAuthority (TSSA) annual inspection
report, document MFSE-002 completed by a licensed gas technician in
Ontario within twelve (12) months of the event date;
(b) fire protection hood and suppression system inspection report by a qualified
technician within twelve (12) months of the event date;
(c) a portable fire extinguisher inspection report inspected by a qualified
technician within twelve (12) months of the event date and shall be in
conformance with NFPA 10.
(3) Refreshment vehicles shall not operate if the required documents under Section
16 (2) are not provided.
(4) A re-inspection may be requested should the required documentation be
produced. The re- fee is set out in Appendix "A".
17. TNSPECTION
(1) The Licensing lssuer, Licensing lnspector, Fire Chief, or Police Chief may at all
reasonable times
(a) require an owner to submit the refreshment vehicle for inspections at any
time and the owner shall submit each refreshment vehicle for inspection
when required to do so;
(b)
if a refreshment vehicle does not meet all applicable requirements, the
owners'plate shall be removed and the owner shall not operate the
refreshment vehicle until the owner obtains approval from the Licensing
lssuer.
(2) Failure to submit a refreshment vehicle for inspection may result in the licence
being suspended by the Licensing lssuer until such time as the vehicle has been
inspected and approved.
(3) No person shall obstruct a Licensing lnspector, Fire Chief, or Police Chief from
conducting an inspection, or withhold, destroy, conceal or refuse to supply an
information or thing required for the purpose of the inspection.
18. NOTICE OF NON-COMPLIANCE BYAN ¡NSPECTOR
Where the Licensing lssuer or Licensing lnspectorfind that any provision of this By-law
is being contravened, he may give to the person whom he believes to be in
13
contraventíon of the By-law, a notice of non-comp
with such provision and may require the notice of
forthwith or within such time as he specifies.
liance in writing directing compliance
non-compliance to be carried out
I9. GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
(1) An applicant is entitled to be licensed and is entitled to have his licence renewed
except where:
(a)
the past conduct of the applicant or licensee affords reasonable grounds for
the belief that the applicant or licensee will not carry on the activity for which
he is to be licensed in accordance with the law, and with integrity and
honesty;
(b) the issuing of the licence or renewal of the licence would be contrary to the
public interest;
(c) the applicant or licensee is carrying on activities that are, or will be, if the
applicant is licensed, in contravention of this By-law, or any other municipal
By-law or any other applicable law;
(d) where the applicant or licensee is a corporation, the past conduct of an
officer or director affords reasonable grounds for the belief that the applicant
or licensee will not carry on the activity for which he is to be licensed in
accordance with the law;
(e) results of a Criminal Record Check provided with any application, or of a
search conducted by the Town, identifies a serious conviction or convictions
in accordance with the Thresholds set out in Appendix "C" of this By-law
20. LICENCE ISSUER'S POWER TO REFUSE A LICENCE
The Licensing lssuer may refuse to issue or renew a licence where the licensee would
not be entitled to a licence for reasons set out in this By-law.
21. LICENCE ISSUER'S POWER TO REVOKE OR SUSPEND A LICENCE
The Licensing lssuer may revoke or suspend a licence or deny renewal of a licence
where the licensee fails to comply with any of the provisions of this By-law.
22. ISSUING A LICENCE ON TERMS AND CONDITIONS
The Licensing lssuer may issue or renew a licence subject to such terms and conditions
as are necessary to give effect to this By-law.
(1) When, for any of the grounds set out in the applicable section of this By-law, an
applicant or licensee is not entitled to be licensed or to have his licence renewed,
or a licence may be subject to revocation, the Licence lssuer may refuse to issue
t4
or refuse to renew the licence, suspend or revoke the licence, or issue a licence
subject to terms and conditions.
(2)
The Licensing lssuer shall provide written notice to be given to the applicant or
licensee:
(a) setting out the grounds for the revocation, refusal to issue or renew,
suspension or the terms and conditions of a licence;
(b)
(c)
(d)
give reasonable particulars of the grounds;
be signed by the Licensing lssuer; and
inform the applicant or licensee of his right to a hearing before a
Committee appointed by Council if he/she delivers a written request for
such a hearing within seven (7) days following the date of service.
(3) The written notice given by the Licensing lssuer shall be sufficiently served if
delivered personally or by registered mail addressed to the person to whom
notice is to be given at the last address given by that person to the Licensing
lssuer. When written notice ís given by registered mail, service shall be deemed
effective five (5) days from the date of mailing.
(4) On receipt of a written request for a hearing from an applicant or a licensee, the
Licensing lssuer shall schedule the hearing and shall give the applicant or
lícensee reasonable written notice of the date, time and place of the hearing.
(5) The provisions of Sections 5 to 15 and 21 to 24 of the Sfafufo ry Powers
Procedure Acl R.S. O. 1990, as amended shall apply to all hearings conducted
by the Committee under this By-law
(6) When an applicant or licensee who has been given written notice of the hearing
does not attend at the appointed time and place, the Committee may proceed with
the hearing in his absence and the applicant or licensee shall not be entitled to
any further notice of the proceedings.
(7) At the conclusion of a hearing the Committee shall, as soon as practicable, submit
a written report of the hearing to Council and the report shall:
(a)
summarize the relevant evidence and arguments presented by the parties
at the hearing;
(b) set out the findings of fact and the recommendations made by the
Committee'
(c) set out the reasons for the recommendations
15
(8) After giving consideration to the report of the Committee, Council may make any
decision with respect to the licence and the applicant or licensee shall not be
entitled to any further hearing before Council on the matter and the decision of
Council shall be final and binding.
(9) Where a licence has been revoked or suspended pursuant to this By-law, the
Licensing lssuer shall send by registered mail, addressed to the person whose
licence has been revoked or suspended at the last address given by that person
to the Licensing lssuer, a written notice of revocation or suspension of licence,
and upon the mailing of such written notice the licence shall forthwith be revoked
or suspended;
(10)
A licensee whose licence has been revoked or suspended shall return the licence
and all plates issued by the Licensing lssuer with reference to such licence to the
Licensing lssuer within twenty-four Q$ hours of service of the notice of
revocation, and the Licensing lssuer or Licensing lnspector, may enter upon the
business premises or vehicles of the licensee for the purpose of receiving, taking
or removing the said licence and plates;
No person whose licence has been revoked or suspended shall refuse to deliver
the licence or plates to the Licensing lssuer or Licensing lnspector or, in any way,
obstruct or prevent the Licensing lssuer or Licensing lnspector from receiving or
taking the same.
(11)
(12) Notwithstanding any decision of or statement by Council respecting the granting
of a licence or application therefore, no person shall be deemed to be licensed to
carry on or engaged in the trade, calling, business or occupation for which such
licence is required until he has paid the required fee and has received the
physical licence, plate, or other evidence of the granting of such licence provided
for in this By-law.
(13) The Licensing lssuer shall sign all licenses issued pursuant to this By-law and the
Licensing lssuer's signature may be printed or mechanically reproduced upon
each licence issued.
23. ORDERS/REMEDIALACTION
(1) Order to Discontinue Activity - lf a person who is operating a refreshment vehicle
is in contravention of any of the provisions of this By-law, the Town may issue
an order to the owner of the vehicle to discontinue the contravening activity.
The order shall set out the particulars of the contravention, the location of the
road or land on which the contravention has occurred and the date by which
there must be compliance with the order. The order may be served in
accordance with this By-law.
(2) Work Order - lf a person who is operating a refreshment vehicle, as defined by
this By-law, is in contravention of any of the provisions of this By-law, the Town
t6
may issue a work order to that person, to discontinue the contravening activity.
The work order shall set out the particulars of the contravention, the location of
the road or land on which the contravention has occurred and the date by
which there must be compliance with the order. The order shall be served in
accordance with this By-law.
(3) Remedial Action - lf the Town has the authority under this By-law or any other
Act to direct or require a person to do a matter or thing, via an order, the
municipality may also provide that, in default of it being done by the person
directed or required to do it, the matter or thing shall be done at the person's
expense.
(4) When a person has been convicted of an offence under this By-law, the Ontario
Court of Justice, or any court of competent jurisdiction thereafter may, in
addition to any other penalty imposed on the person convicted, make an order
prohibiting the continuation or repetition of the offence by the person convicted.
24. SERVICE OF ORDERS AND NOTICES
An order or notice issued under this By-law may be served personally or
by registered mail sent to the last known address of the person to be
served, as indicated on the Town's assessment roll or application.
lf an order or notice is served on a person by registered mail, it shall be
deemed to have been served on the person on the 5th day after the date
of its mailing.
POWER OF ENTRY
(1) The Licensing lssuer, Licensing lnspector, Fire Chief or Police Chief, may enter
on a property at any reasonable time for the purpose of carrying out an
inspection to determine whether or not the following are being complied with:
(a) the provision of this By-law;
(b) an order issued under this By-law; or
(c) an order made under Section 431 of the Municipal Act.
(2) Where an inspection is conducted by the Town, the person conducting the
inspection may;
(a) require the production for inspection of documents or things relevant to the
inspection;
(1)
(2)
25
17
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any person concerning a matter related to the
inspection including their name, address, phone number and identification;
and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take test, samples or photographs
necessary for the purpose of inspection.
(3) The Licensing lssuer, Licensing lnspecto¡ Fire Chief or Police Chief, may
undedake an inspection pursuant to an order issued under Section 438 of the
MunicipalAct.
(4) The Town's power of entry may be exercised by an employee, officer or agent of
the Town or by a member of a police force with jurisdiction, as well by any person
under his or her direction.
26. PENALTY
(1) Every person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided in the Provincial
Offences Acf, R.S. O. 1990, C. P. 33, as amended.
(2) Every person who contravenes a provision of this By-law, including an order issued
under this By-law, is guilty of an offence.
(3) lf a corporation has contravened a provision of this By-law, including an order
issued under this By-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence.
(4) lf an order has been issued under this By-law, and the order has not been complied
with, the contravention of the order shall be deemed to be a continuing offence for
each day or part of a day that the order is not complied with.
(5) Every person who is guilty of an offence under this By-law shall be subject to a fine
of not less than $350.00 and not more than $100,000.00.
27. LATE PENATLY
ln addition to the fee required to be submitted as set out in Appendix "A", late penalty
equal to 50% of the fee must also be submitted with a renewal application if the renewal
application is being submitted after the expiry date set out in Appendix "4".
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28. INTERPRETATION
(1) ln this By-law, unless the context otherwise requires, words importing the
singular number shall include the plural and words importing the masculine
gender shall include the feminine.
(2) All appendices to this By-law shall form part of the By-law
(3) ln the event of conflict between any of the general provisions of this By-law and
any provisions set out in the Schedules hereto, the provisions of the Schedule
shall prevail.
29. SEVERABILITY
Every provision of this By-law is declared to be severable from the remainder of
the By-law and if a court of competent jurisdiction shall declare any provision of
this By-law invalid such declaration shall not affect the validity of the remainder
thereof.
30. SHORT TITLE
This By-law may be referred to as the "Refreshment Vehicle Licensing By-law"
31.
REPEAL
Upon adoption of this By-law, Schedule 10 (Relating to Owners or Operators of
Vehicles from which Refreshments are sold for Consumption by the Public) and
all subsequent amendments to Schedule 10 or any associated or related
appendices, to Schedule 10 under By-law Number 2002-0169 (Ll-3), are hereby
repealed.
READ and enacted this 17th day of July, 2019
Margaret Quirk
r
he D¡
Acting Town Clerk
T9
APPENDTX "A' TO BY-LAW NO. 2019-0068 (Lt-3)
ANNUAL REFRESHMENT VEHICLE LICENCE FEES
CLASSIFICATION
FEES
Expiry Date
CLASS '1'
OWNER PLATE - lnitial Fee
$350.00
One year from issue/
As stipulated on licence
CLASS "2'
OWNER PLATE- lnitial Fee
$350.00
One year from issue/
As stipulated on licence
CLASS'3"
OWNER PLAIE - lnitial Fee
$350,00
One year from issue/
As stipulated on licence
CLASS "4'
OWNER PLATE- lnitial Fee
$100.00
One year from issue/
As stipulated on licence
RENEWALS
CLASS 1 to 3
$200.00
RENEWALS
CLASS 4
$ 50.00
ONE-TIME EVENT L]CENCE FEES
CLASSIFICATIONS
FEES
Expiry Date
Option A
Option B
Option C
5 vehicles or less - $ 50.00 each
6 to 10 vehicles - $300.00
11 to 15 vehicles - $400.00
16 plus vehicles - $500,00
Duration of event
not to exceed 4
consecutive days
REFRESHMENT VEHICLE RE-INSPECTION FEE
CLASSIFICATIONS
FEE
Option A, B and C
Vehicle re-inspection $50.00
20
AppENDlX "B" TO BY-LAW NO. 2019-0068 (Ll-3)
BUSINESS LICENCE
COMMENTS AND/OR I NSPECTIONS
OBTAINED FROM
Refreshment Vehicle
Georgina Fire Department
York Region Health Department
Department of Development Services
Municipal Law Enforcement
2l
APPENDTX "Cu TO BY-LAW NO. 2019-0068 (Lt-3)
Refreshment Vehicles
Town of Georgina - Threshold Limits
Business Licensing - Standard Character for Terms, Conditional lssuance,
Refusal, Suspension, Revocation of Licenses, Applications and Renewals
Code
Convíction Type
For All New Applications/One-Tme Event
A
CriminalCode
Criminal Negligence
Controlled Drug &
Substances
Refuse Licence if 2 or more Criminal Code or Controlled
Drugs & Substance Act convictions within 2 years of the
application date.
B
CriminalCode
Criminal Negligence
Controlled Drug &
Substances
Refuse Licence if 3 or more Criminal Code or Controlled
Drugs & Substance Act convictions within 5 years of the
application date.
C
Criminal Code
Refuse Licence if convicted of a Criminal Code offence
where the sentence imposed was 5 years or longer.
D
Criminal Code
Refuse Licence for any Criminal Code convictions and/ or
pending charges for a sexual offence including pornography at
any time.
E
Criminal Negligence
Highway Traffic Act
Refuse Licence if 1 Criminal Negligence or lmpaired Driving
conviction within 1 year of application date.
F
Criminal Negligence
Refuse Licence if 2 Criminal Negligence b etween 1 and 4 years
old from application date.
G
Criminal Code
lssue Conditional Licence for l yearif convicted of
l Criminal Code conviction within 5 years of application date
ForAll Renewals
H
Criminal Code
Refuse licence if 2 or more Criminal Code convictions within 2
years of the application date.
Criminal Code
Refuse licence if 3 or more Criminal Code convictions within 5
years of the application.
J
CriminalCode
Refuse licence for any criminal code convictions for sexual offence
related charges including pornography at any time
K
Criminal Code
lssue Conditional Licence for 30 days pending Criminal Code,
Controlled Drugs & Substance, or Criminal Negligence charges
with review after trial outcomes.
L
CriminalCode
lssue Conditional Licence for 1 year if convicted of 1 criminal
conviction within 5 years of annual renewal date.
M
CriminalCode
Criminal Negligence
Controlled Drug &
Substances
Conversion to Conditional Licence pending disposition of any
licensee charged with a Criminal Code, Criminal Negligence, and
Controlled Drugs & Substance violation when charged while
lieensed.
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AppENDtX',D" TO BY-LAW NO. 2019-0068 (Lt-3)
No owner of a refreshment vehicle shall operate in a Town of Georgina park unless
permission and a permit has been provided by the Director of Recreation & Culture or
designate and the refreshment vehicle has a valid Refreshment Vehicle Licence or a
One-Time Event Licence.
This By-law acknowledges that the following Town parks are in existence at the time of
adoption of this By-law:
North Gwillimbury Park in Roches Point
De La Salle Park in Jackson's Point
Holmes Point Park in Pefferlaw
Willow Beach Park in Willow Beach
Jackson's Point Harbour/Bonnie Park in Jackson's Point
Claredon Beach Park in Keswick
Willow Wharf in Willow Beach
1
2
3
4
5
6
7
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