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CORPORATION OF THE TOWNSHIP OF HAVELOCK-BELMONT-METHUEN
BY-LAW NO. 2008 - 42
BEING A BY-LAW RESPECTING THE LICENSING AND REGULATION
OF MOBILE CANTEENS BY THE TOWNSHIP OF HAVELOCK-BELMONT-
METHUEN
WHEREAS Section 150(1) of the Municipal Act, S.O. 2001, as amended, authorizes
Councils of local municipalities to pass by-law for the licensing, regulating and governing
of any business carried on within the municipalities;
AND WHEREAS pursuant to Section 150(3) of the Municipal Act, S.O. 2001, as
amended. Council deems it expedient to pass a by-law to license, regulate and govern
vehicles or tents/air supported structures from which refreshments are sold for
consumption by the public and for revoking any such license in order to provide for the
health and safety of the public;
NOW THEREFORE the Municipal Council of the Corporation of the Township of
Havelock-Belmont-Methuen enacts as follows:
1.
INTERPRETATION
1. 1
In this By-Law:
(a)
APPLICANT: includes an association, organization or corporation making
an application for a license;
(b)
TOWNSHIP: means the Corporation of the Township of Havelock-
Belmont-Methuen;
(c)
COUNCIL: means the Council for the Corporation of the Township of
Havelock-Belmont-Methuen;
(d)
CLERK: means the Clerk of the Corporation of the Township of Havelock-
Belmont-Methuen;
(e)
GRANT OF LICENSE: means the exercise of power of Council to confer
the privilege of the license upon the applicant;
(f)
ISSUE OF LICENSE: means the physical act whereby the proper officer
for the Corporation of the Township ofHavelock-Belmont-Methuen
completes all necessary administrative functions to perfect the grant of the
license;
(g)
HOLDER OF A LICENSE: means the person who is granted the license by
Council;
(h)
MOBILE CANTEENS: means any vehicle, whether mechanically propelled
or otherwise, or a tent/air supported structure, from which refreshments are
sold for consumption by the public. If the Mobile Canteen has a
compartment for a motor, the vehicle must be operable;
(i)
PERSON: includes a Corporation and a partnership and the heirs,
executors, administrators or other legal representatives of a person whom
the context can apply according to law; and, where the context permits,
words importing the singular number or the masculine gender also include
more persons, parties of things of the same kind, females as well as males;
(j)
SPECIAL EVENTS: shall mean an event, the duration of which is
temporary in nature, and shall include Jamboree, Heritage Day celebrations,
auctions and Cottage Association events;
(k)
EATING ESTABLISHMENT: shall mean a commercial establishment
where food is prepared and served therein and is offered for sale but shall
not include a mobile canteen;
(1)
OPERATE: shallmeanthesellingor offering for sale of refreshments from
Such vehicle but shall not preclude the delivery of refreshments;
(m)
BUILT UP AREA: shall mean an area with buildings on one or both sides
of the road with 75 feet or less between them with a minimum of five
buildings. Building means school, church, single family dwelling,
commercial and industrial structure;
2.
GENERAL PROVISIONS
2. 1
The Council may, where it deems it expedient in the best interests of the inhabitants
of the Corporation of the Township ofHavelock-Belmont-Methuen, grant a license
to an applicant in accordance with the provisions of this by-law. Such grant of
license shall only be made by resolution of Council.
2.2
All licenses granted by Council under this by-law shall be issued by the Clerk, and
such licenses shall be valid for the calendar year in which it is issued and may not
be transferred or assigned.
2.3
Council may revoke or cancel any license issued pursuant to the provisions of this
by-law, or if such action is considered in the best interest of the municipality
2.4
Every application for license hereunder shall be made in writing upon a form
provided by the Clerk.
2.5
Every application for license must be submitted to the Clerk at least four (4) days
prior to its consideration by Council.
2.6
The license as granted and issued may not be transferred, assigned, conveyed or
sold to another applicant or person.
2.7
The license as granted and issued is for one Mobile Canteen only. If the
owner/operator has more than one mobile canteen operating on the same
property/event, the owner/operator shall apply for additional licenses for each
such mobile canteen.
2.8
Fees for license as granted under this by-law shall be in accordance with Schedule
"A" attached to and forming part of this by-law. A licensee shall pay the
prescribed fee prior to the issuance of the license.
2.9
The recipient or holder of a license shall not transfer or divest himself of the rights
and obligations of the said license.
2. 10
Compliance with applicable statutes, regulations and by-laws whether
municipal or Provincial shall be deemed to be a condition of all licenses issued
pursuant to this by-law.
2. 11
Failure to comply with the terms and conditions of the license may constitute
grounds for revocation of the license by Council.
3.
LICENSING REGULATIONS AND RE UIREMENTS
3. 1
A license shall be taken out by every person who engages in the business of
conducting a mobile canteen.
3.2
Any person obtaining a mobile canteen license shall be subject to the following
regulations and conditions:
(a)
The licensee shall keep his vehicle and equipment in the place where food is
prepared in a clean, sanitary and satisfactory condition and shall comply
with the regulations of the Public Health Act and regulations made
thereunder respecting eating establishments and should at all times permit
the Medical Officer of Health to inspect the vehicle. An annual inspection
from the Peterborough County-City Health Unit, or responsible Health Unit
confirming that the mobile canteen meets the requirements of the Health
Protection and Promotion Act, that there are appropriate waste disposal
facilities, and that any other pertinent laws and Regulations have been met.
(b)
Where applicable, the mobile canteen shall comply with the fire code under
the Fire Marshals Act, the propane storage, handling and utilization code
under the Energy Act or any regulations passed affecting such vehicles. A
Semi Annual Inspection/Report for Gas and/or Propane Installation by a
Licensed Contractor is required where applicable.
(c)
The Licensee shall ensure that no modifications are made to the mobile
canteen, or equipment placed therein, without the prior approval of the
Building Inspector and the By-Law Enforcement Officer.
(d)
A license shall be issued with respect to one vehicle and shall be at all times
affixed to the vehicle operated in a prominent position. One license does
not cover more than one (1) mobile canteen, as per Section 2.7 of this by-
law.
(e)
Prior to beginning operation of a mobile canteen, a licensee shall file with
the licensing officer, proof of insurance for public liability in the amount of
not less than $1,000.000 (One Million Dollars) Public Liability inclusive of
bodily injuries, property damage and accident benefits and including
property damage occasioned by any accident arising out of the operation of
the mobile canteen in respect of which a license is obtained;
(f)
The proof of insurance shall include a provision therein or an endorsement
thereof that the licensing officer will be given at least ten (10) days notice in
writing of any cancellation, expiration or variation in the policy;
(g)
A mobile canteen operator, prior to the issuance of a mobile canteen license,
shall provide an indenmification to the Corporation of the Township of
Havelock-Belmont-Methuen whereby the mobile canteen operator agrees to
indemnify and hold harmless the Corporation of the Township ofHavelock-
Belmont-Methuen, its agents, servants, employees and officials from any
claims, actions or suits which might be brought against the said mobile
canteen operator and the Corporation of the Township ofHavelock-
Belmont-Methuen arising out of the said operation of the mobile canteen in
any manner whatsoever or any error, negligence or omission of the mobile
canteen operator, their agents, servants or employees;
(h)
A licensee shall not operate, or permit to be operated, a mobile canteen on
any prohibited area designated by the Corporation of the Township of
Havelock-Belmont-Methuen;
(i)
No mobile canteen shall be parked in any park or on Township property
unless prior permission is received by the Corporation of the Township of
Havelock-Belmont-Methuen;
(j)
No mobile canteen shall be parked for the purpose of vending goods, food
or refreshments within a distance of 100 metres of any eating establishment
within the Municipality and/or another mobile canteen;
(k)
Every owner of a mobile canteen shall ensure that the garbage or litter
resulting from his or her vending activity is collected for recycling and
disposal, and shall provide receptacles for such purpose. In addition, any
owner of a mobile canteen shall ensure that such garbage and litter is
removed from the area of operation;
(1)
Any advertising shall not be placed on any Municipal, County or Provincial
highway without receiving prior approval from the appropriate governing
body;
(m)
No mobile canteen shall be operated between the hours of 11:00 P.M. and
7:00 A.M. with the exception of special events;
(n)
Mobile canteens shall only be operated on private property with the consent
of the owner and occupant of the property and, except for special event
licenses, upon a site which is zoned in a commercial zoning category by the
Township's Zoning by-law;
(o)
Upon the expiry of the license, the mobile canteens shall be removed from
the site;
(p)
Only hot dog carts shall be permitted in a built up area to a maximum of
two (2) carts;
(q)
No license shall be transferable to another zoned property without the
written consent of the Corporation of the Township ofHavelock-Belmont-
Methuen.
(r)
An Annual Inspection Report from the Township Fire Chief that establishes
conformity with the Fire and Prevention Act and the Ontario Fire Code.
All mobile canteens containing commercial cooking equipment such as
deep fryers shall be designed, constructed, installed and inspected in
conformity with the current standards of the National Fire Protection
Association 96 (NFPA) and shall have an automatic fire suppression
system, where applicable, in accordance with current NFPA standards and
the Ontario Fire Code.
(s)
All tents/air supported structures shall comply with the Ontario Fire Code
and the Ontario Building Code, and all material will pass the NFPA 705 or
701 "Recommended Practice for a Field Flame Test for Textiles and
Films"
4.
NUMBER AND CLASSES OF LICENSE
4. 1
Licensees will be issued on a first come, first served basis. Applications will not be
accepted before the beginning of the calendar year.
4.2
Notwithstanding Section (1) above, the Council may authorize the issuance of
additional Mobile Canteen licenses for special events subject to any regulations or
rules Council deems appropriate.
5.
PENALTIES
5. 1
Except as otherwise provided herein or by statute, any person convicted of a breach
of any provision of this by-law shall forfeit and pay, at the discretion of the
convicting Judge or Justice of the Peace, a penalty not exceeding $5,000.00 for
each event, exclusive of costs.
6.
LEGALITY
6. 1
If any section or sections of this by-law, or parts thereof, that be found by any court
of law to be illegal or beyond the power of Council to enact, such section or
sections or parts thereof shall be deemed to be severable and all other sections or
parts of this by-law shall be deemed to be separate and independent therefrom and
to be enacted as such.
7.
By-Law No. 2002-34 is hereby repealed.
Read a FIRST, SECOND and THIRD time and finally passed in open Council this 15th
day of April, 2008.
Reeve
Clerk
SCHEDULE"A"
By-Law No. 2008 - 42
FEES FOR LICENSES - MOBILE CANTEENS
Chip Tmck and Fast Food Vehicle
Hot Dog Carts
Ice Cream Carts
Special Event
$500.00/season
375.00/season
200.00/season
10.00/day