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The Corporation of the Township of Hamilton
By-law Number 2025 - 24
BEING A BY-LAW TO LICENCE, REGULATE AND GOVERN
VEHICLES FROM WHICH REFRESHMENTS ARE SOLD FOR
CONSUMPTION BY THE PUBLIC AND
FOR REVOKING SUCH LICENSES
WHEREAS Section 150 of The Municipal Act, c. 25, R.S.O. 2001, as amended, authorizes the
Council of the Municipality to license, regulate and govern any business wholly or partly carried
on within the Municipality;
AND WHEREAS the Municipal Council of the Corporation of the Township of Hamilton deems it
advisable to pass such a by-law to license, regulate and govern vehicles from which
refreshments are sold for consumption by the public and for revoking such licenses,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of
Hamilton ENACTS as follows:
1. SHORT TITLE:
This By-law shall be referred to as the "Refreshment Vehicle By-law"
2. DEFINITIONS:
"Mobile Canteen" shall mean any vehicle, whether mechanically propelled or otherwise,
from which refreshments are sold for consumption by the public.
3. LICENSING REQUIREMENTS:
3.1 A Mobile Canteen may only be permitted on privately owned lands where a "Take
out Restaurant" is permitted, as defined within the provisions of Zoning By-law
2001-58, as amended.
3.2 No person or persons (which terms shall include a partnership or corporation)
shall operate a Mobile Canteen in the Township of Hamilton without first having
been issued a license as hereinafter provided.
3.3 Every application for a license shall be in writing, addressed to the Manager of
Development Services and shall include an application fee per the Fees &
Charges By-law together with a photograph and description of the proposed
Mobile Canteen including all equipment installed or to be installed therein for use
in the preparation, storage and dispensing of refreshments.
3.4 Approval from the Manager of Development Services is required, prior to the
issuance of a New License, for the location, parking area, safety aspects, and for
the aesthetics and general appearance of the Mobile Canteen such as to prevent
an unsafe condition or an unsightly condition out of character with the surrounding
environment. The Manager of Development Services or Municipal Clerk shall be
responsible for the issuance of all refreshment vehicle licenses.
3.5 The applicant shall require written approval from the Medical Officer of Health,
who shall cause an inspection of the vehicle and equipment to be made.
3.6 The operation of a Mobile Canteen may be within 500 metres (1640 feet) of any
existing restaurant or take-out restaurant but shall be at the discretion of the
Manager of Development Services.
3.7 A licensee shall not operate or permit to be operated a mobile canteen in such a
manner or location which will interfere with normal traffic flow on roads within the
Township of Hamilton. A letter of consent is required from the Township Road
Department, County or Ministry of Transportation of Ontario, whichever is
applicable.
3.8 If it is shown to the satisfaction of the Council of the Corporation of the Township
of Hamilton that a licensee 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.
3.9 Installation of propane-fueled appliances in a mobile canteen shall be conducted
in accordance with the Technical Standards and Safety Act (TSSA) and a
statement from the propane company that the applicant has complied with the
requirements of the Technical Standards and Safety Act (TSSA) will be required
prior to a license being issued.
3.10 Following receipt of all appropriate approvals and providing all other conditions
have been met, the Manager of Development Services shall issue a license to the
applicant upon payment of a fees as outlined in the Fees & Charges By-law.
3.11 Hours of operation from Mobile Canteens shall be at the discretion of the Manager
of Development Services as identified on the license.
4. GENERAL REGULATIONS
4.1. Compliance with the permitted uses in Zoning By-Law No. 2001-58, as amended,
is mandatory for the operation of a Mobile Canteen if the Mobile Canteen is
situated on privately-owned land.
4.2. The maximum area of the food preparation and serving area of the Mobile
Canteen shall not exceed 200 square feet.
4.3. The maximum number of licenses that shall be issued for Mobile Canteens in the
Township of Hamilton shall not exceed 5 (five) at any one time.
4.4. The applicant for the Mobile Canteen shall be responsible for the removal and
disposal of all garbage to the appropriate landfill.
4.5. A license shall be valid for a term commencing April 01 through to October 31
within the same calendar year and may not be transferred or assigned and is only
valid for the location and Mobile Canteen stated in the application.
4.6. A license shall be issued with respect to one vehicle only and shall be at all times
affixed to the vehicle for which it has been issued.
4.7. Nothing in this by-law shall prevent a licensee from holding more than one license
issued pursuant to this by-law.
4.8. A licensee shall keep his 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 Public Health Act and regulations made thereunder
respecting eating establishments and shall at all times permit the Medical Officer
of Health to inspect the vehicle.
5. ENFORCEMENT
5.1. Any person who contravenes any of the provisions of this by-law is guilty of an
offence and shall, upon conviction, be liable to the penalties as provided for in the
Provincial Offences Act, as amended, and any penalty imposed shall be
recoverable under the provisions of the said Act.
1. THAT By-law No. 2008-16 and amending By-law 2015-08 be hereby repealed in their
entirety.
2. THAT this by-law shall come into force and take effect on the date of passing.
This by-law given a FIRST, SECOND and THIRD READING and FINALLY PASSED
this 17th day of June, 2025.
Scott Jibb, Mayor
Daphne Livingstone, Municipal Clerk