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The Corporation of the Township of Huron-Kinloss
BY-LAW No.
2025 - 45
Being a By-Law to Regulate Refreshment Vehicles
in the Township of Huron-Kinloss
WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provide that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's ability to
respond to municipal issues and has the capacity, rights, powers and privileges of a
natural person for the purposes of exercising its authority under this or any other Act;
AND WHEREAS Section 150 (1) of the Municipal Act, R.S.O., 2001, c.25, authorizes
Councils to pass By-laws to license, regulate and govern any business wholly or partly
carried on within the municipality even if the business is carried on from a location outside
the municipality;
AND WHEREAS the Council of The Corporation of the Township of Huron-Kinloss
passed By-law 2006-50 being a by-law to license, regulate and govern Refreshment
Vehicles in the Township of Huron-Kinloss;
AND WHEREAS the Council of The Corporation of the Township of Huron-Kinloss deems
it advisable to repeal and replace By-law 2006-50 as per Report CLK-2025-09;
NOW THEREFORE the Council of The Corporation of the Township of Huron-Kinloss
ENACTS as follows;
1. Definitions
The following definitions shall apply for the purposes of this by-law:
"Approved location" shall mean the location(s) specified in the application and for
which a licence has been granted;
"Clerk" shall mean the Clerk of the Township of Huron-Kinloss or their designate;
"Council" shall mean the Council of the Township of Huron-Kinloss;
"Licence" shall mean a licence issued under this by-law;
"Licencee" means a person licensed under this by-law and who assumes the primary
responsibility for complying with this by-law;
"Medical Officer of Health" shall mean the Medical Officer of Health for the Grey
Bruce Health Unit or his/her duly authorized representative;
"One-day Licence" means a licence issued for use during one single 24-hour period;
"Refreshment Vehicle" shall mean a motor vehicle, trailer, cart or any conveyance
driven by any kind of power, including muscular power which is used for the sale,
preparation or dispensing of food or drink for consumption by the general public;
"Refreshment Cycle" shall mean a non-motorized cycle from which prepackaged food
and beverage items are sold;
"Township" shall mean the Township of Huron-Kinloss;
"Township Event" shall mean an event organized by the Township on property that
exclusively reserved for the occasion.
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By-law No. 2025 - 45
Page 2 of 5
2. Regulations
2.1.
No person shall operate for personal gain food vending for the general public in
the Township without first having obtained a licence pursuant to this by-law.
2.2.
Refreshment vehicles shall be permitted to operate for the general public in
the areas listed below;
a)
All municipal property with the exception of areas zoned residential.
b)
Private property in non-residential zones with written permission of the owner.
2.3.
Notwithstanding Section 2.2 a) of this by-law the Clerk may provide an
exemption to permit a refreshment vehicle to operate in an area otherwise not
permitted.
2.4.
No person shall operate more than one refreshment vehicle on private property
in a non-residential zone.
2.5.
No person shall operate a refreshment vehicle in a location where the
operation of the vehicle conflicts with an existing agreement of Council or any
of its committees or local boards, unless written permission is granted by the
lessee.
2.6.
No person shall locate or operate a refreshment vehicle in such a manner that it
unreasonably confines, impedes or presents a hazard to pedestrians or other
users of sidewalk, un-travelled portion of a municipal road allowance or
municipal park.
2.7.
No person shall operate a refreshment vehicle closer than 12.5 metres to an
eating establishment that is paying a property tax to the Township of Huron-
Kinloss. Should the owner of a refreshment vehicle wish to locate the said vehicle
closer than 12.5 metres to an eating establishment, written acknowledgement
from the eating establishment owner shall be filed with the application. Distance
is calculated from the lot line of the eating establishment to the refreshment
vehicle location.
2.8.
No person shall operate on any portion of a municipal highway or on-street
parking.
2.9.
A refreshment vehicle shall be permitted at a Township Event with approval by
the Clerk and shall not require a licence provided that the vehicle meets all
requirements of this By-law.
2.10. Refreshment Vehicles operating at an event for which a Special Event Permit
has been issued by the Township shall not require a licence provided that the
vehicle meets all the requirements of this By-law.
2.11. Located Refreshment Vehicle
a)
The property on which a located refreshment vehicle is to be located shall be
zoned Commercial or Industrial as set out in the current Zoning By-law with
written permission from the property owner of the approved location
submitted with application.
b)
Every located refreshment vehicle shall be capable of being moved and driven
or towed on highway upon 24 hours' notice by a By-law Enforcement Officer
c)
Permanent electrical or other utility hook-ups are prohibited.
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Page 3 of 5
2.12. Mobile Refreshment Vehicles
a)
The mobile refreshment vehicle may be operated as a fully mobile unit
offering food and drink for sale to the public.
b)
The mobile refreshment vehicle shall not interfere with the normal movement
of pedestrians and vehicular traffic and the maintenance of sidewalks and
streets in the Township.
c)
The power for the mobile unit will be supplied by the permit holder who is
responsible for the cost.
d)
The mobile unit may not remain on any site except during the hours of 8:00
a.m. and 11:00 p.m. and must be removed from the site daily unless under a
special event permit or approval from the Clerk.
2.13. Refreshment Cycles
a)
Notwithstanding Section 2.2 of this by-law, a refreshment cycle shall be
permitted to operate in areas zoned as residential.
b)
The refreshment cycles shall not interfere with the normal movement of
pedestrians and vehicular traffic and the maintenance of sidewalks and
streets in the Township.
c)
The refreshment cycle may not remain on any site except during the hours of
8:00 a.m. and 11:00 p.m. and must be removed from the site daily unless
under a special event permit or approval from the Clerk or designate.
d)
Every licensee of the refreshment cycle shall ensure that only prepacked food
and beverage items are offered for sale or sold from the refreshment cycle.
e)
The refreshment cycle must remain stationary when in service.
3. General
3.1.
The licensee shall ensure that their refreshment vehicle is equipped with a metal
refuse container with a self-closing lid, and such a container shall be kept in a
clean and sanitary condition and emptied at least once daily.
3.2.
The licensee shall ensure that their refreshment vehicle is equipped with a
clearly marked recyclable container, with a self-closing lid for cans and glass
3.3.
All refuse generated by the operation of the refreshment vehicle shall be
disposed of in accordance with the Township of Huron-Kinloss Waste
Management By-law 2023-121.
3.4.
The Licensee shall ensure that the refreshment vehicle and all parts and
equipment for use in the dispensing of food are maintained in a clean and
sanitary condition and at all times in good repair.
3.5.
No Licence shall be transferred except with consent in writing of the Township
and the Township shall not be bound to give such consent.
3.6.
The Licensee shall not operate a refreshment vehicle between the hours of 11:00
p.m. and 8:00 a.m. of the next day unless under a special event permit or
approval from the Clerk or designate.
3.7.
No refreshment vehicle shall be equipped with any sounding device, loud
speakers, amplifiers or other hailing devices for attracting attention.
3.8.
Any lighting on a refreshment vehicle shall be only for the purpose of normal
illumination.
3.9.
A licensee shall comply with all applicable provisions and regulations under the
Health Protection and Promotion Act and Federal, Provincial and local
regulations.
3.10. All propane connections shall be maintained to comply with the provisions of the
Ontario Propane Code.
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Page 4 of 5
3.11. No person shall use a generator in conjunction with a refreshment vehicle except
when a power outage is beyond the control of the licensee and directly affects
the operation of the vehicle.
3.12. A licensee shall comply with the Sight Visibility Triangles in the applicable
Township Zoning By-law.
3.13. No sign or advertising device shall be displayed except in accordance with the
Township Sign By-law.
3.14. The Term of each licence shall be from the first day of January to the thirty-first
day of December each year.
4. Administration
4.1.
Every application for a refreshment vehicle licence shall be accompanied by a
completed Township of Huron-Kinloss Application for Refreshment Vehicle
Licence.
4.2.
Notwithstanding Section 3.15 of this By-law, a One-day licence may be issued if
all requirements of the By-law have been met. The operating period for a one-
day licence shall be within a single 24-hour period.
4.3.
Licence fees shall be as per the current Township of Huron-Kinloss Rates and
Fees By-law.
4.4.
Every application for a licence shall be accompanied by a sketch or photograph
of the refreshment vehicle and a site plan showing location of the lot, if located.
4.5.
Every applicant prior to the issuance of a licence, shall provide proof of their
insurance policy which specifies the following;
a)
the Licensee shall have an insurance policy providing general liability insurance
in the minimum amount of $2,000,000.
b)
The Township may as necessary be named as an additional insured.
c)
The policy shall contain cross-liability coverage whereby the Township is
indemnified against all liabilities, which in any way arise from any activity
authorized by the licence.
d)
The policy shall provide that 20 days prior written notice shall be provided to
the Township in any event of any material amendment to or cancellation of the
policy.
4.6.
Each licence application shall be approved by the Clerk of the Township of
Huron-Kinloss.
4.7.
The Licensee shall comply with all applicable regulations of the Fire Code and
all requirements of the Township of Huron-Kinloss Fire Chief with written
confirmation of compliance in this regard.
4.8.
The licensee shall at all times comply with the requirements of the Medical
Officer of Health and prior to the issuance of a refreshment vehicles licence
under this by-law, and supply the Clerk with written confirmation of compliance
in this regard.
4.9.
The Licensee shall provide a copy of a Mobile Food Service Equipment (MFSE)
Annual Inspection Certificate from the Technical Standards and Safety
Equipment (TSA), if applicable.
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Page 5 of 5
5. Enforcement
5.1.
Every person who contravenes any provision of this by-law;
a)
is guilty of an offence;
b)
upon conviction therefore is liable to a fine or penalty of not more than five
thousand dollars ($5000) as prescribed in the Provincial Offences Act, R.S.O.
1990, C.P.33 as amended.
c) Each person who contravenes any provision of this by-law shall upon the
issuance of a Penalty Notice in accordance with the Administrative Monetary
Penalty System By-law be liable to pay to the Township an administrative
monetary penalty.
5.2.
This by-law shall be enforced by the Municipal By-law Enforcement Officer.
6. That By-law No. 2006-50 and By-law No. are hereby repealed.
7. That this by-law shall come into full force and effect upon its final passage.
8. That this by-law may be cited as the "Regulate Refreshment Vehicle (2025) By-law".
READ a FIRST and SECOND TIME this 21st day of May, 2025.
READ a THIRD TIME and FINALLY PASSED this 21st day of May, 2025.
Mayor
Clerk
Original signed by Don Murray
Original signed by Jennifer White