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THE CORPORATION OF THE TOWN OF GRAVENHURST
BY-LAW NO. 2024-22
Being a By-law to License and Regulate the Sale of Refreshments in
Public Places and Vehicles from which Refreshments are Sold
WHEREAS Section 8 of the Municipal Act provides that the powers of the Municipality
under this or any other Act shall be interpreted broadly so as to confer broad authority on
municipalities to enable municipalities to govern their affairs as they consider appropriate
and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purposes of exercising
authority under the Municipal Act and any other Act;
AND WHEREAS Sections 151 and 160 of the Municipal Act provide that a municipality
may provide for a system of licenses with respect to a business and pass by-laws licensing
businesses under any section of the Municipal Act or any other Act;
AND WHEREAS Section 429 of the Municipal Act provides that a municipality may
establish a system of fines for offences under a by-law of the municipality passed under the
Municipal Act;
AND WHEREAS Section 434.1 (1) of the Municipal Act provides that a municipality may
require a person to pay an administrative penalty if the municipality is satisfied that the
person has failed to comply with a by-law of the municipality passed under the Municipal
Act;
AND WHEREAS the Council for the Town of Gravenhurst deems it expedient to establish
regulations to control business activities relating to refreshment vehicles in Gravenhurst in
the interest of public safety and consumer protection;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
GRAVENHURST HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1 This By-law shall be known and may be cited as the "Licensing of
Refreshment Vehicle By-law".
2.
DEFINITIONS
In this By-law:
2.1
Applicant means a person who has applied for a license in accordance with the
provisions of this by-law.
2.2
Catering Truck means a motor vehicle from which prepackaged food and
beverages are offered for sale and sold to employees and other workers on private
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 2
property at the invitation of a property or business owner or a contractor working on
the property.
2.3
Charitable Organization means a not-for profit organization or group registered by
a recognized government agency and in full compliance with the reporting
requirements under the relevant legislation.
2.4
Designated Property means a Town property approved for refreshment vehicle
operation as specifically indicated on Schedule "A" of this by-law.
2.5
Fee means a fee as set out within the Towns current User Fees and Service
Charges By-law (as amended from time to time).
2.6
Food shall include food or drink for human consumption but excludes alcoholic
beverages.
2. 7
License means a refreshment vehicle license issued to a licensee to operate a
refreshment vehicle business in compliance with this by-law. Licenses are valid from
January to December of the current calendar year.
2.8
Licensee means a person, company or organization that has been issued a license
and includes an applicant.
2.9
Mobile Cart means a pushcart, pedal-driven cart, wagon, or other nonmotorized
cart.
2.1 O Mobile Refreshment Stand means a portable building or structure that is used to
prepare and/or serve food to the general public.
2.11
Mobile Refreshment Vehicle means a Vehicle or Mobile Cart from which food is
sold or offered for sale for consumption by the public and includes a wagon, a trailer,
bicycle carts and food trucks, but does not include a Catering Truck.
2.12 Nuisance means an activity or activities, intentional or negligent in origin, which
have a detrimental impact on the use and enjoyment of properties in the vicinity of
the premises.
2.13 Officer means an officer appointed by Council or through an authority of applicable
legislation, such as, but not limited to, a municipal law enforcement officer, fire
prevention officer, licensing officer or building inspector and may include a member
of the Ontario Provincial Police.
2.14 Operate means to directly or indirectly manage, work, control, maintain, put or keep
in a functional state any business.
2.15 Operator has the same meaning of "Operate".
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 3
2.16 Owner - means the person registered on title as the owner of a refreshment vehicle,
property, structure or building.
2.17 Person - for the purpose of this by-law, includes:
a) an individual;
b) an Authorized Agent;
c) a Responsible Person;
d) an Occupant; and/or
e) an Owner.
2.18 Premises means the land, including all buildings and structures located on the land,
the refreshment vehicle, mobile refreshment vehicle and refreshment stand is
situated.
2.19 Public Health Inspector means a public health inspector of a board of health as
defined under the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7.
2.20 Refreshment Vehicle means a Mobile Refreshment Vehicle or a Mobile
Refreshment Stand.
2.21
Restaurant has the same meaning as in the Town's current Comprehensive Zoning
By-law.
2.22
Special Event means an event proceeding under the authority of a valid special
event permit issued by the Town.
2.23
Street includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct, or trestle designed and intended for, or based by, the
general public for the passage of vehicles.
2.24 Town means the Corporation of the Town of Gravenhurst.
2.25 Valid License means a refreshment vehicle license issued by the Town of
Gravenhurst currently in effect and not expired.
2.26 Vehicle has the same meaning as within the Highway Traffic Act, R.S.O. 1990, c.
H.8.
3
GENERAL PROVISIONS
3.1
No person shall operate a mobile refreshment vehicle or a mobile refreshment stand
anywhere within the Town without possessing a valid refreshment vehicle license
issued by the Town under the authority of this by-law.
3.2
No person shall operate a mobile refreshment vehicle or a mobile refreshment stand
anywhere within the Town without displaying a valid refreshment vehicle license
issued by the Town posted in a conspicuous place within the refreshment vehicle.
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 4
3.3
No person shall operate a mobile refreshment vehicle or a mobile refreshment stand
in contravention of the Town's Official Plan, the Town's Zoning By-law, any Town
enacted By-laws or any other plans and policies currently in effect that apply to the
use or application of a refreshment vehicle.
3.4
No person shall locate and operate a mobile refreshment vehicle or a mobile
refreshment stand on any portion of a public sidewalk, boardwalk or boulevard area
at any time.
3.5
No person shall operate a mobile refreshment vehicle or a mobile refreshment stand
unless the vehicle displays, in contrasting colour and in clearly visible letters
measuring at least 10 centimetres in height, the operating name of the business as it
appears on the issued license.
3.6
No person shall alter or modify or permit the alteration or modification of a license.
4
APPLICATION OF REFRESHMENT VEHICLE
4.1
Every person making application for a refreshment vehicle license shall submit the
following information and/or documentation to the Town as part of a completed
application package:
a. a completed application form with the required licensing fee as contained within
the current User Fees and Services By-law;
b. where applicable, a copy of each of the following, which will remain on the
premises of the mobile refreshment vehicle or the mobile refreshment stand at all
times;
i.
a valid relevant certificate or permit from the Medical Officer of Health of the
Heath Unit from the Simcoe Muskoka District Health Unit; and,
ii. Certification of Fire Inspection from the Town's Fire and Emergency Services
department containing a TSSA annual inspection certificate, MFSE-002, a
field approval by TSSA, a copy of certificate of hydro inspections - ESA and a
recent (within six months) Certificate of inspection for the fire suppression
system and a portable fire extinguisher(s), as required, that have been
certified within the last twelve (12) months;
c. all approvals, inspections or other documentation as specified under the
provisions of this by-law or specifically requested by the Town;
d. where a mobile refreshment vehicle or a mobile refreshment stand is permitted to
be located on private property, written consent provided by the property owner
permitting the operation and use of the refreshment vehicle.
e. Proof of compliance with Section 5 of this By-law.
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 5
4.2
Mobile refreshment vehicles or mobile refreshment stands parked on Town property
shall;
a. be located on a designated Town property identified in Schedule 'A' of this By-
law;
b. be placed in compliance with written permission of the Town; and
c. operate in compliance as per the administrative procedures.
4.3
Where more than 3 inspections are conducted by an officer within the operating
year, the Applicant may be subject to a re-inspection fee.
5.
INSURANCE
5.1
The licensee shall, for the term of the license, maintain full, necessary and
adequate insurance with insurers licensed to carry on business in the Province of
Ontario, at their own expense as follows: Such coverage must be maintained and in
effect continuously while the license is valid.
5.2
With the exception of the Standard OAP 1 Automobile Insurance, all other policies
shall be endorsed to provide thirty (30) days' notice to the Municipality in the event of
cancellation or in the event of non-renewal of an Insurance Policy or pertinent
coverage.
5.3
Certificate of Insurance must be identified by the associated Vehicle Refreshment
license.
5.4
General Liability
a. Subject to limits of not less than $5,000,000 per occurrence;
b. Coverage to include but not limited to Bodily Injury including Death, Property
Damage, Contractual Liability, Non-owned Automobile Liability, and Products
and Completed Operations;
c. Shall contain a cross liability, severability of insured clause; and,
d. The Corporation of the Town of Gravenhurst shall be named as an additional
insured.
5.5
Standard OAP 1 Automobile Policy
a. For all licensed motor vehicles owned, leased or operated by the Applicant and
used as Refreshment Vehicle.
b. Subject to limits of not less than $5,000,000 per occurrence for Third Party
Liability coverage.
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page6
5.6
Certificate of Insurance
a. Prior to the issuance of the license, the licensee shall promptly provide the Town
with confirmation of coverage in a Town approved format, by an authorized
representative of the insurer together with copies of any amending endorsements
applicable to the license.
6.
REQUIREMENTS FOR WASTE DISPOSAL
6.1
The owner and/or operator of a mobile refreshment vehicle or a mobile refreshment
stand shall:
a. provide a waste receptacle complete with a tight fitting lid-for the collection of
customer waste located in a way that is easily accessible by all customers;
b. ensure all waste receptacles are emptied at the conclusion of each business day;
and
c. ensure all waste is disposed of in accordance with Town and District of Muskoka
By-laws at the sole expense of the licensee.
6.2
A mobile refreshment vehicle or a mobile refreshment stand operating as part of a
registered Special Event shall be exempt from Section 7.1.
7.
EXEMPTIONS
7 .1
A mobile refreshment vehicle or a mobile refreshment stand operated by or on
behalf of a registered charitable and/or not-for-profit organization shall be exempt
from the Town's application license fee.
7.2
A mobile refreshment vehicle or a mobile refreshment stand operated by or on
behalf of a restaurant on the premises of the restaurant shall be exempt from the
Town's application license fee.
8.
ADMINISTRATION, ENFORCMENT, AND RIGHT OF ENTRY
8.1
This By-law shall be administered and enforced by an Officer as defined within this
By-law.
8.2
An officer may enter upon and inspect any land or property at any reasonable time
to determine if any section of this by-law is being complied with, or to determine if
any direction, notice, or order issued pursuant to this By-law, the Municipal Act,
2001, or the Fire Protection and Prevention Act, 1997, S.O. 1997 c.4, is being
complied with.
8.3
In addition to any other action, where a person is in contravention of any provision of
the By-law, an officer may post on site, or send a notice in the form of a letter or
email to the person, describing the contravention.
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 7
8.4
Any order or direction given under this By-law may be given personally to the owner
or occupant of the property, or may be posted on site, mailed by ordinary or
registered mail, or by hand delivery to the mailing address of the registered owner or
occupant of the property and any such delivery shall be deemed good and sufficient
service.
8.5
No person shall obstruct or hinder or attempt to obstruct or hinder an officer in the
exercise of a power or the performance of a duty under this By-law.
8.6
No person shall refuse to produce any documents or things required by an officer
under this By-law, and every person shall permit the entry, inspection, examination,
or inquiry by an officer.
8.7
No person shall knowingly furnish false or misleading information to the Town or to
an officer with respect to this By-law.
9.
REFUSAUSUSPENSION/REVOCATION OF LICENSE
9.1
The Town may refuse to issue a license and may suspend or revoke a license
where:
a. the applicant cannot satisfy the terms required for the license;
b. the licensee has failed to remedy any reasonable concern with regard to
conditions of a license;
c. the licensee has failed to comply with any requirements of this or any other
applicable by-laws, or provincial or federal statute or regulations;
d. the applicant made a material misrepresentation in the application or supporting
documentation;
e. the licensee is not complying with any terms or conditions of their license;
f. the licensee acted in a manner that would appear to give rise to issues relating
to the specific grounds for consideration; or,
g. the owner(s) or applicant(s) have any outstanding fines, penalties, legal costs,
disbursements, property taxes and late payment charges owing to the Town of
Gravenhurst.
10.
NO VESTED RIGHT, REVOCATION OR SUSPENSION
10.1
No person shall have a vested right to the continuation or re-issuance of a license.
All licenses issued, renewed, cancelled, suspended, or terminated remain the sole
property of the Town.
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 8
-
10.2 Upon written notice to the licensee at the address provided in the application for a
license hereunder, the Town may suspend or revoke a license issued to any
applicant where the Town believes it is in the public interest to do so, including the
grounds that the conduct of any person, including the officers, directors, employees
or agents of a corporation, affords reasonable cause to believe that the person will
not carry on or engage in the business in accordance with the law or that it is
otherwise determined that it is in the public interest to do so.
10.3 Any suspension or revocation of a license may be subject to such terms and
conditions hereto or where such license has been revoked.
11.
OFFENCES AND PENALITIES
11.1
A person is guilty of an offence if the person:
a) Fails to comply with an order, notice direction or other requirements under this
By-law, or,
b) Contravenes any provision of the By-law.
11.2 A director or officer of a corporation who knowingly concurs in the contravention of
this By-law by the corporation is guilty of an offence.
11.3 Any person who knowingly falsely reports a violation of this By-law shall, upon the
second and any subsequent false reports, be guilty of an offence.
11.4 If the contravention of this By-law results in fire suppression or fire prevention
personnel and vehicles being dispatched to respond to the property, the person in
control of the fire and/or the Owner may be invoiced by the Fire Department, for the
cost of such response according to the rates established by the Town's Fees and
Charges By-law, as amended. However, nothing in any schedule of rates shall be
construed as limiting the rights of the Town to seek restitution for other direct or
consequential damages or costs incurred beyond those listed.
11.5 An officer may issue an Administrative Monetary Penalty to the person, owner,
occupant, agent or person responsible found in contravention of any provision of this
By-law.
11.6 Any person who contravenes any provision of this By-law is responsible for any fines
and fees imposed under the Administrative Monetary Penalty System By-law.
11. 7 Any person who has been found in contravention of this By-law may request a
review if the matter is in accordance with the Administrative Monetary Penalty
System By-law.
11.8 Every person who contravenes any of the provisions of this By-law is guilty of an
offence and shall be subject to a penalty in accordance with the Provincial Offences
Act, R.S.O. 1990, c. P.33. as amended.
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 9
11.9
The court in which the contravention has been entered, and any court of competent
jurisdiction, thereafter, may make an order prohibiting the continuation or repetition
of the offence by the person convicted, and such order shall be in addition to any
other penalty imposed on the person convicted.
12.
VALIDITY AND SEVERABILITY
12.1
Every provision of this by-law is declared severable from the remainder and if any
such provision of this by-law shall be declared invalid by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of the by-
law.
13.
FORCE, EFFECT AND REPEAL
13.1
This by-law shall come into effect on the day of passage.
13.2 On the day of passage, By-law No. 2020-51 shall be repealed:
READ AND PASSED this 19th day of March, 2024.
~~
Mayor
By-law No. 2024-22
Licensing of Refreshment Vehicle By-law
Page 9
11.9 The court in which the contravention has been entered, and any court of competent
jurisdiction, thereafter, may make an order prohibiting the continuation or repetition
of the offence by the person convicted, and such order shall be in addition to any
other penalty imposed on the person convicted.
12.
VALIDITY AND SEVERABILITY
12.1
Every provision of this by-law is declared severable from the remainder and if any
such provision of this by-law shall be declared invalid by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of the by-
law.
13.
FORCE, EFFECT AND REPEAL
13.1
This by-law shall come into effect on the day of passage.
13.2 On the day of passage, By-law No. 2020-51 shall be repealed:
READ AND PASSED this 19th day of March, 2024.
,
Clerk
Schedule 'A' to By-law 2024-22
Designated Town Property
Designated Location
Gull Lake Rotary Park
Muskoka Bay Park
Centennial Centre