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THE CORPORATION OF THE TOWNSHIP OF
EAST LUTHER GRAND VALLEY
BY-LAW NUMBER 2012
A BY-LA\ry FOR LICENSING, REGUI,ATING AND GOVERNING VEHICLES FROM
WHICH REFRESHMENTS ARE SOLD FOR CONSUMPTION BY THE PUBLIC
WIIEREAS pursuant to the provisions of Part IV of the Municípal Act, S.O. 2001, as amended, the
Council of the Township of East Luther Grand Valley may provide for a system of licenses with
respect to businesses;
AND WIIEREAS Section 391 of the Municipal Act, S.O. 2001, as amended, authorizes a
municipality to pass by-laws imposing fees or charges for services or activities provided or done my
them;
NOW TIIEREFORE THE MI.INICIPAL COI.INCIL OF THE CORPOTATION OF THE
TOWNSHIP OF EAST LUTHER GRAND VALLEY ENACTS AS FOLLOW:
l. For the purpose of this by-law:
a. "Chip Truck" shall mean a mobile canteen which is also a motor vehicle or trailer
which is equipped to be pulled by a motor vehicle and from which food products,
which are cooked within the vehicle or trailer, and beverages, are sold. A chip truck
shall not exceed 10 metres in length or 2.45 meffes in width and shall not operate on
the street allowance.
b. "Coffee Truck" shall mean a mobile canteen which is also a motor vehicle or atraller
and from which food products that are preparcd elsewhere are sold. A coffee truck
shall not exceed 6 metres in length or 2.45 metres in width and shall not operate on
the street allowance.
c. "Eating Establishment" shall mean a commercial establishment where food prepared
therein is offered for sale, but shall not include a mobile canteen.
d. "Hot Dog Cart" shall mean a mobile canteen which is not propelled by any
motorized means and from which food products which are cooked within the
vehicle, and beverages, are sold. A Hot Dog Cart shall not exceed 2.45 metres in
length or 1.5 metres in width and shall not operate on the street allowance.
e. "Ice Cream Cart" shall mean a mobile canteen which is not propelled by any
motorized means and from which ice cream, frozen milk or frozen water products
are sold. An Ice Cream Cart shall not exceed 2.45 metres in length or 1.5 metres in
width.
f. "Mobile Canteen" shall mean any vehicle whether mechanically propelled or
otherwise from which refreshments are sold for consumption by the public and shall
include Chip Trucks, Coffee Trucks, Hot Dog Carts and Ice Cream Carts.
g. "Operate shall mean the selling or offering for sale of refreshments from such vehicle
but shall not preclude the delivery of refreshments.
h. "Prohibited Area" shall mean arly arca on which the public is prohibited from
parking.
i. "Sidewalk" shall mean all such parts of the street allowance as are set aside by the
Corporation for the use of pedestrians or used by the general public for the passage of
pedestrians and includes boulevard and pedestrian walkways.
"Street Allowance" shall mean the entire right-of-way of a common and public
highway, street, avenue, driveway, square, place,bridge, viaduct, or trestle, designed
and intended for or used by the general public for the passage of vehicles.
k. "Urban Area" is defined as Grand Valley as referenced in the Township of East
Luther Grand Valley Official Plan.
CONDITIONS FOR ISSUANCE
2. No person or persons (which terms shall include a partnership or corporation) shall operate a
mobile canteen in the Township of East Luther Grand Valley without first having been
issued a license to do so as hereinafter provided.
3. The provisions set forth for licensing shall be as follows
a
No person shall engage in or carry on any of the occupations, trades, callings or
businesses listed in column I of Schedule "4" atfached to, and forming part of this
By-Law within the Township of East Luther Grand Valley, unless and until he or she
has received approval of an application from the Council of the Corporation of the
Township of East Luther Grand Valley and a license has been issued by the
Licensing Administrator, and that the fee as set out in "Schedule A" has been paid.
b. No license shall be issued until the fee therefore has been paid and there shall be no
refund or reduction for any part of theyear.
c. Upon submission of an application, provided by the Licensing Administrator, which
has been completed and signed by the applicant, and which has received approval of
the Council of the Corporation of the Township of East Luther Grand Valley, a
license will be issued.
4. No license shall be granted with respect with respect to any mobile canteen until the
Licensing Administrator has received from those listed below a written statement certifring
compliance with their standards.
i. Medical Officer of Health
ii. Fire Department
iii. Public Works Department
5. Following receipt of certificates from the County of Dufferin Public'Works Department and
the Fire Chief that they approve of the vehicle and equipment for the purpose for which it is
to be used, the licensing officer shall issue a license to the applicant upon payment of a fee in
accordance with the attached Schedule "4" and providing all other provisions of this by-law
are complied with.
6. Where applicable, the mobile canteen shall comply with the Fire Code under the Fire
Marshals r4ø, R.S.O. 1990, c. F.17, the Propane Storages, Handling andUtilization Code,
Ontario Regulation 825/82 under the Energy Act, R.S.O. 1990, c. E.16, as amended, or any
regulation passed in substitution therefor.
7. A license shall keep his or her vehicle and equipment and the place where food is prepared in
a clean, sanitary and satisfactory condition and shall comply with the requirements of the
Laboratory and Specimen Collection Centre Licensing lø, R.S.O. 1990, c. L.1, as amended, and
regulations made thereunder respecting eating establishments and shall at all times permit
the Country of Dufferin Health Department to inspect the vehicle, and there may be a
regular monthly inspection of all vehicles licensed under this by-law.
8. 'Where reports have been received from the Country of Dufferin Health Department and the
Fire Chief in respect of a mobile canteen, and the licensing ofücer has issued a license based
on the reports, the license shall ensure that no modifications are made to the mobile canteen,
or equipment placed therein, without the prior approval of the licensing officer.
9. A license shall be valid for the calendat year in which it is issued and not be transferred or
assigned. In the event a license is issued between August l" and December 31" of any year,
the fee shall be 50% of the annual fee.
10. A license shall be issued with respect to one vehicle only and shall be at all timed affixed to
the vehicle for which it has been issued.
1 1. Prior to beginning operation of a mobile canteen, a license shall file with the licensing ofücer
proof of insurance for public liability in the amount of no less than One Million
($1,000,000.00) Dollars public liability inclusive of bodily injuries, property damage and
accident benefits and including damage occasioned by any accident arising out of the
operation of the mobile canteen in respect of which license is obtained.
12. The Proof of insurance shall include a provision therein or an endorsement thereon that the
licensing officer will be given at least 10 days' notice in writing of any cancellation,
expiration or variation in the policy.
13. Prior to beginning operation of a mobile canteen located on land which abuts or lies adjacent
to a highway under the jurisdiction of the Province of Ontario or is within distance of a
highway or land which is regulated by the Province of Ontario through the Ministry of
Transportation, Ontario, a license shall file with the licensing officer written conflrmation of
acceptance of the intended location the mobile canteen from the Ministry of Transportation,
Ontario, or its successor.
NUMBER AND CLASSES OF LICENSE
14. No more than the following number of licenses shall be permitted and licenses shell be
issued each year:
a. Chip Truck - a maximum of two licenses shall be permitted in the urban area with
each license permitted a maximum of one licensed vehicle in the urban area.
b. Hot Dog Cart - a maximum of two licenses shall be permitted in the urban area
Coffee Truck: a maximum of two licenses with each license permitted a maximum of
two licensed vehicles should be allowed throughout the municipality.
d. Ice Cream Cart - a maximum of two licenses shall be permitted in the vrban area
with each license permitted a maximum of two licensed vehicles in the trban area.
15. Previous owners will be given the first opportunþ to reapply for licenses but must reapply
by March l*t of each year; otherwise, licenses will be issued on a first-come, first-served,
basis.
16. Notwithstanding Sections 14 and 15 above, the Council of the Corporation of the Township
of East Luther Grand Valley may authorize the issuance of additional mobile canteen license
to non-profit or volunteer organizations subject to any regulations or rules council deems
appropriate. Mobile canteen licenses for non-profit or volunteer otganizations shall be
exempt from paying license fees. Licensed mobile canteens may be used for this purpose at
the request of non-profit or volunteer otganizations for special events.
c
LOCATION REGULATIONS
17. A license shall not operate on any residential lands within the urban area.
18. Notwithstanding any provisions of permit marking of vehicles within the Township of East
Luther Grand Valley, a mobile canteen other than an ice cream can shall not operate on any
portion of the street allowance. An ice cream truck shall not operate on any portion of the
street allowance other than the portion on which vehicles travel without prior approvalby
the Council of the Township of East Luther Grand Valley, and only under such regulations
as may be set by the said council.
19. No mobile canteen shall be parked in any park within the Township of East Luther Grand
Valley under the jurisdiction of the Township of East Luther Grand Valley unless prior
permission is received from the Township of East Luther Grand Valley and then only under
such regulations as may be set by the council.
20. No mobile canteen shall be parked for the purpose of vending goods or refreshments within a
distance of 50 metres of any eating establishment.
REGULATIONS
2l. Every owner of a mobile canteen shall ensure that the garbage or litter resulting from his or
her vending is collected for recycling or disposal, and shall provide receptacles for such
purposes. In addition, every owner of a mobile canteen shall ensure that such garbage and
litter is removed from the area of operation.
22. Any person who contravenes any of the provisions of this by-law shall on conviction of an
offense be liable to a penalty (exclusive of the costs) as provided by the Provincial Ofences Act,
R.S.O. 1990, c. P.33, as amended.
23. If it is shown to the satisfaction of the Council of the Corporation of the Township of East
Luther Grand Valley that a license has failed to comply with any of the provisions of this by-
law, the Council, by resolution passed at any meeting thereof, may revoke any license issued
hereunder.
24. That By-Law Number 98-12 of the Corporation of the Township of East Luther Grand
Valley is hereby repealed.
25. This by-law shall come into force and take effect on the final passing thereof.
THIS BY-LAW READ FIRST AND SECOND TIME THIS
DAY
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THIS BY-LAW REAI)
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AND FINALLY PASSED THIS
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SCHEDULE 'A'' TO BY-LAW NUMBER 2OL2 _3O AS AMENDED
FEES FOR LICENSES - MOBILE CANTEENS
All licenses expire on December 31't.'
Occupation,Trade
Calling or Business
Selling of hot dogs from
a Hot Dog Cart
Selling of ice cream from
an Ice Cream Cart
Selling of chips from a Chip Truck
Selling of assoned food from
A Coffee Truck
Mobile Canteens:
Attending one-time fund raising
events in the Municipality by
invitation from the otganizer
Annual License Fees
Residents
Non-Residents
$50.00 per cart
$75.00 per cart
$50.00 per cart
$75.00 per caft
$300.00 per truck
$300.00 per truck
EXEMPT
$500.00 per ffuck
$500.00 per truck.
EXEMPT
TOWNSHIP OF EAST LUTHER GRANE LLEY
5 MAIN ST.N. P.O. BOX.249 GRAND VALLEY, ()N, LON 'IGO
PHONE: (519) 928-56,52, Ext. 224
mail@eastl utherg randvalley. ca
APPLICATION F'OR MOBILE FOOD VENDOR'S LICE,NCE
BY-LAW NUMBER 2012.
Date of Application
FOR OFFICE USE ONLY
Licence #
Owner's Name:
Resident
Non Resident
Owner's Address
Email Address:
Postal Code:
Phone
Name of Business:
Tvpe of Business:
List of food items to be sold
Location(s)
lf operating from private property, written permission from the owners or authorized agents of the property must
be submitted.
Proof of insurance must be submitted in accordance with Section 77.
The undersigned hereby releases the Corporation of the Township of East Luther Grand Valley from any or all
claims for damages which may arise in the carrying on of bøsiness within the Municipality under which the
undersiqned is licensed bv the Municipalitv to do so.
Personal information collected on this form is collected pursuant to Section 151 , Municipal Act S.O-
2OO7, c.25, as amended, and will be used for the purpose of processing your application. Cluestions
about this collection should be directed to the Township of East Luther Grand Valley-51 9-928-5652
I certify that the information contained herein is true and correct.
Date:
Siqnature:
DEPARTMENT
DATE APPROVED
(At-tach Approval)
COTVIMENTS
Health Unit - 71 Broadway Street
1-A00-265-7293
Fire Department - 173145,Cty Rd 25
s1 9-928-3460
Public Works Department
FoR OFFICE UsE ONLY
Planning Department
Paid
Date:
Cheque #/Cash
lnsurance Rec'd:
Letter(s) of permission from Property
Owners and/or Event Organizer:
lnsurance Expiry Date:
Approved
Reason:
Not Recommended for APProval:
Appealed:
Date