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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES
BY-LAW NUMBER 51 OF 2019 - as Amended by By-Law 03-2022
BEING A BY-LAW TO PROVIDE FOR THE LICENSING, REGULATING
AND GOVERNING MOBILE FOOD AND REFRESHMENT
SERVICE EQUIPMENT
WHEREAS Subsection 5(3) of the Municipal Act, 2001, S.O. 2001, C.25 provides that a
municipal power shall be exercised by by-law; and
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, C.25 provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under the Municipal Act, 2001 or any other Act; and
WHEREAS subsection 10(1) of the Municipal Act, 2001, S.O. 2001, C.25 provides that a
municipality may provide any service or thing that the municipality considers necessary
or desirable for the public; and
WHEREAS pursuant to the provisions of Part IV of the Municipal Act, 2001, S.O. 2001,
C.25 as amended, a municipality may pass by-laws for licensing, regulating and
governing businesses; and
WHEREAS Sections 150 through 153 of the Municipal Act, 2001, S.O. 2001, C.25
authorizes Council to license, regulate and govern businesses and events and that this
authority includes but is not limited to: the power to issue licenses, to issue licenses on
condition, to revoke licenses, to suspend licenses, to regulate or govern the place used
in the carrying on of such businesses, and to prevent the carrying on of such businesses
without a license; and
WHEREAS the Council of the Corporation of the Municipality of Lambton Shores chooses
to exercise its discretion to license the operation of mobile food and refreshment service
equipment within the Municipality of Lambton Shores;
THEREFORE the Council of the Municipality of Lambton Shores enacts as follows:
1.
DEFINITIONS:
In this by-law:
"By-Law Enforcement Officer" shall mean a person duly appointed by the Corporation of
the Municipality of Lambton Shores for the purpose of enforcing or carrying out the
provisions of Municipal by-laws or his designate;
By-law 51-2019 - Mobile Food and Refreshment Service
Page 2
"Corner Visibility Triangle" means the portion of a corner lot within the triangular area
formed by measuring 7.5 metres (25 feet) in each direction from the point where two
property lines intersect at the street lot line corner;
"Driveway" means a vehicle access provided between a street and a parking area/space
or a loading space;
"Driveway Visibility Triangle" means the triangular area formed by measuring 4.5 metres
(15 feet) down the driveway and 4.5 metres down the side lot line abutting a street.
"Highway" or "Street" shall include a common and public highway, street, avenue,
boulevard, crescent, cul-de-sac, court, parkway, driveway, square, place, shoulder,
bridge, viaduct, or trestle, or the like, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof.
"License" means a licence issued pursuant to this by-law;
"Licensee" means the holder of a license;
"Mobile Food and Refreshment Service Equipment" means any vehicle or device from
which food or refreshment is prepared and sold, or consumption by the public, that is
capable of being moved, including Chip Trucks, Mobile Canteen, and Food Truck;
"Municipality" shall mean the Corporation of the Municipality of Lambton Shores
"Owner" shall mean the owner or operator of the mobile food and refreshment service
equipment.
"Person" shall include a corporation, partnership or organization;
"Road Allowance" shall mean all allowances for roads, except insofar as they have been
stopped up according to law, made by the Crown surveyors, all highways laid out or
established under the authority of any statute, all roads on which public money has been
expended for opening them or on which statute labour has been usually performed, all
roads dedicated by the owner of the land to the public use and all alternations and
deviations of all bridges over any such allowances for highway or road.
"Roadway" means that part of the highway that is improved, designed or ordinarily used
for vehicular traffic, but does not include the shoulder, and, where a highway includes two
or more separate roadways, the term "roadway" refers to any one roadway separately
and not to all of the roadway collectively.
"Shoulder" means the un-travelled portion running along either side of a highway.
By-law 51-2019 - Mobile Food and Refreshment Service
Page 3
"Site Plan" means a drawing of a site which includes all the applicable measurements of
the mobile food and refreshment service equipment and the surrounding area within 100
metres of the site and on which all buildings and structures, streets, and services are
indicated.
2.
LICENSE REQUIRED
2.1 Every person carrying on a business using mobile food and refreshment
service equipment shall obtain a license from the Municipality authorizing them
to carry on that business. This section is subject to any exemption provided
for within this by-law. No person shall, either directly or indirectly, carry on or
continue to carry on a business, either for profit or not for profit, without first
having obtained the required license. Failure to comply is an offence.
2.2 A person who operates mobile food and refreshment service equipment shall
comply with the regulations set out in this by-law. Failure to comply with the
regulations is an offence.
2.3 No person shall operate mobile food and refreshment service equipment on
municipal property for a special or private event without the written
authorization from the Municipality or a rental agreement with the appropriate
department and an inspection report from the Municipality's Fire and
Emergency Services Department indicating that the mobile food and
refreshment service equipment complies with the requirements of Schedule
"A".
3. LIMITATIONS AND RESTRICTIONS
3.1 Mobile food and refreshment service equipment will not be permitted within the
former Village of Grand Bend.
3.2 The annual number of licenses issued to permit the operation of mobile food
and refreshment service equipment shall be limited to a maximum of six (6)
with a maximum of 1 in each of the following areas: (See Schedule "D")
i) Forest
ii) Arkona
iii) Thedford
iv) Port Franks/Northville
v) Ravenswood/Ipperwash
vi) North of the Cut Bridge
Previous licensees will be given the first opportunity to re-apply for licenses,
but must reapply before April 15 of each year, otherwise licenses will be issued
on a first come, first serve basis, commencing March 1 of each year. If more
than 1 permit application for an area is received simultaneously, the permit will
be issued based on drawing of lots from the completed applications submitted.
3.3 No mobile food and refreshment service equipment will be permitted to locate
within 100 metres of an existing restaurant that meets the definition of a
By-law 51-2019 - Mobile Food and Refreshment Service
Page 4
"Restaurant", "Restaurant, Drive Through Service Facility" and "Restaurant,
Fast Food" in the zoning by-law, unless a letter of permission is provided from
the abutting restaurant facility owner, stating that he/she has no objection to
the mobile food and refreshment service equipment.
3.4 Prior to beginning operation of the mobile food and refreshment service
equipment on land which abuts a highway under the jurisdiction of the Province
of Ontario, or is within the distance of a highway which is regulated by the
Province of Ontario through the Ministry of Transportation, the licensee shall
provide written confirmation of acceptance of the intended location from the
Ministry.
3.5 Notwithstanding Section 2 and 3.2 of this by-law, mobile food and refreshment
service equipment that is to be erected for a period of less than 4 days, not on
municipal property, and used in conjunction with a special event is not subject
to the requirements of this by-law.
4.
GENERAL REQUIREMENTS
4.1 Mobile food and refreshment service equipment may only operate from a
commercially zoned property, and must comply with the setback requirements
for the zone.
4.2 The owner of the mobile food and refreshment service equipment shall provide
on-site parking spaces in accordance with the zoning by-law requirements.
4.3 No mobile food and refreshment service equipment shall be located:
i) on any highway or street, road allowance, roadway or shoulder;
ii) within a "corner visibility triangle" or a "driveway visibility triangle"
4.4 The owner of the mobile food and service equipment must provide adequate
trash receptacles at the site on which the mobile food and refreshment service
equipment is located and shall maintain the site in a clean and sanitary
condition at all times.
4.5 The owner of the mobile food and refreshment service equipment shall ensure
that washroom facilities are available for patrons and staff.
5.
APPLICATION FOR A LICENCE
5.1 Every application for a License to operate mobile food and refreshment service
equipment shall be made on the standard application form, attached as
Schedule "B"" to this by-law, and shall include the required fee, as listed on
Schedule "C" to this by-law. Both Schedules being attached to and forming
part of this by-law.
5.2 Acceptance of the license fee does not constitute approval of the application
or obliges the Municipality to issue a license.
By-law 51-2019 - Mobile Food and Refreshment Service
Page 5
5.3 Every fee paid under 5.1 is refundable if the license applied for is not granted
5.4 Every application submitted must be accompanied by a site plan drawing. No
license shall be granted until the site plan has been approved by the
Municipality. The site plan is to be drawn to scale, and shall include:
i) proposed location of unit on the property, including set back from property
line and road allowance;
ii) the location and number of proposed parking spaces;
iii) proposed access to the property from the highway;
iv) location of trash receptacles;
vi) washroom facilities.
Depending on the specifics with respect to the location, additional information
may be required on the site plan.
5.5 Before a license under this by-law is issued by the Municipality of Lambton
Shores, the owner shall meet with the By-law Enforcement Officer and/or
Planner to review the intended site.
5.6 The application is to include information on:
i) fuel source;
ii) water supply and disposal, including grey water;
iii) grease disposal methods; and
iv) waste disposal arrangements.
5.7 The applicant shall include with his/her application:
a) A certificate from the Lambton County Community Health Services
confirming that the mobile food and refreshment service equipment has
passed a sanitary inspection under the "Ontario Regulation 562 - Food
Premises R.R.O. 1990", or its successor, valid for the year in which the
permit is to be issued.
b) If a propane or gas fired system is to be used, an inspection certificate by
a Technical Standards & Safety Authority certified gas technician as
required under the "Technical Standards and Safety Act" or its successor,
valid for the year in which the permit is to be issued.
c) An inspection report from the Fire Chief or his designate, stating that the
unit complies with the requirements of Schedule "A", valid for the year in
which the permit is to be issued.
By-law 51-2019 - Mobile Food and Refreshment Service
Page 6
d) Proof that the owner has obtained a minimum of two million dollars
($2,000,000.00) liability insurance for the operation of the mobile food and
refreshment service equipment, valid for the year in which the permit is to
be issued.
e) If the mobile food and refreshment service equipment is located on land
not owned by the mobile food and refreshment service equipment owner,
a letter from the owner of the property on which the mobile food and
refreshment service equipment will be situated, authorizing the applicant
to conduct such business from the property, valid for the year in which the
permit is to be issued.
6.
GENERAL PROVISIONS
6.1 The granting of a license under this by-law does not constitute permission for
the licensee to operate in contravention of any by-law or statutory
requirements.
6.2. For the purpose of enforcement of the provisions of this by-law, the by-law
officer may enter upon land and into buildings at any reasonable time without
a warrant.
6.3. Any license granted hereunder may be revoked at the discretion of the
Municipality of Lambton Shores if the provisions and policies contained herein
are not adhered to by the holder of the said license at all times.
6.4 Every license issued pursuant to this by-law shall be valid until the 31st day of
December in the year in which the license was issued, or until the said license
is revoked or suspended. No refund of the license fee shall be paid if the
license is revoked or suspended.
6.5 A person to whom a license is granted may apply in writing to the Municipality
for permission to have his license transferred to another mobile food and
refreshment service equipment or to another owner, and such permission will
not be unreasonably withheld. In order to transfer a license, the current license
is to be surrendered to the Municipality and a transfer fee paid as listed on
Schedule "C".
7.
Offence
By-law 51-2019 - Mobile Food and Refreshment Service
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Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O.
1990, Chapter P.33, as amended.
8.
THAT By-laws 99 of 2007 and 16 of 2013 are hereby repealed.
READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this 18th day of
June, 2019.
__________________________
Mayor
__________________________
Clerk
By-law 51-2019 - Mobile Food and Refreshment Service
Page 8
SCHEDULE "A" to By-law 51 - 2019
Requirements for Fire Department Approval
The following requirements must be met for Fire Department approval of mobile food and
refreshment service equipment, which utilizes equipment for the cooking of food;
1. A carbon monoxide detector shall be mounted as low as possible on the inside of
the mobile food and refreshment service equipment away from direct wind;
2. One ABC dry chemical extinguisher of a minimum rating per unit of 3A:10BC;
3. The fire extinguisher shall be mounted in accordance with the requirements of
Ontario Fire Code Section 6.2.1.4 (1);
4. All mobile food and refreshment service equipment that produces grease laden
vapours during food preparation shall be equipped with an exhaust hood /
suppression system / Type "K" extinguisher that complies with NFPA 96
SCHEDULE "B" to By-Law 51-2019
MUNICIPALITY OF LAMBTON SHORES
APPLICATION TO OPERATE MOBILE FOOD AND
REFRESHMENT EQUIPMENT
New Business ___
Renewal ___
APPLICANT-BUSINESS IDENTIFICATION
Name of Applicant(s) :
__________________________________________
Name of Unit Owner (if different from above)
________________________________________________________________
Address of Applicant _______________________________________________
Mailing Address (if different) _________________________________________
Town: ___________________________________________________________
Postal Code: _____________________________________________________
Telephone Number: Home ______________________________
Business ____________________________
Type of vehicle to be used: ______________________________
VIN Number:
______________________________
Proposed location: ____________________________________
Owner of the property: _________________________________
------------------------------------------------------------------------------------------------------------
I/We, the registered owner(s) of the business, hereby acknowledge and certify that:
I/We have read and understand the requirements of the licensing, regulating and
governing by-law, and the information pertaining to the business license for which
I/we have applied.
The information contained in this application is true and complete to the best of
my/our knowledge and that failure to provide complete or accurate information may
delay the licensing process;
By-law 51-2019 - Mobile Food and Refreshment Service
Page 10
The issuance of a license under this by-law does not permit or condone violations
of any by-law, statute or other regulation in effect in the Municipality, Province of
Ontario or the Dominion of Canada, and it shall be my/our responsibility to ensure
that such applicable legislation is complied with at all times;
The license will be issued for a one (1) year period and all licenses shall expire on
December 31 of each year.
_________________________
____________________ ____________
Name (please print)
Signature
Date
_________________________
____________________ ____________
Name (please print)
Signature
Date
CHECK LIST FOR SUBMISSION WITH APPLICATION:
NOTE: Only completed applications will be accepted.
Please use the following checklist to ensure that all required documentation is
attached to your application form:
License Fee (5.1)
Attached ____
Site Drawing (Section 5.4)
Attached ____
Details on Fuel Source, Water Supply and Disposal, Grease Disposal
And Waste Disposal (Section 5.6)
Attached ____
Lambton County Community Health Services Inspection Report
Attached ____
(Section 5.7.a)
Current Propane/Gas Inspection by Certified Gas Technicians
Attached ____
(Section 5.7.b)
Fire Department Inspection Report (Section 5.7.c)
Attached ____
Proof of Liability Insurance Coverage (5.7.d)
Attached ____
If land not owned by the business operator, a letter from
the owner of the property authorizing the applicant to
conduct such business from the property.
(If required Section 5.7.e)
Attached ___
Letter of Compliance - Ministry of Transportation
(If required - Section 3.4)
Attached ___
By-law 51-2019 - Mobile Food and Refreshment Service
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SCHEDULE "C" to By-law 51-2019
License Fees:
The annual license fee for Mobile Food
and Refreshment Service Equipment
:
$ 500.00
Fee to transfer license:
$100.00
SCHEDULE "D" to By-law 51 - 2019
1.
Forest - The Former Town of Forest;
2.
Arkona - The Former Village of Arkona, plus both sides of Rock Glen
Road, and that area annexed from the Township of Warwick
3.
Thedford - The Former Village of Thedford
4.
Port Franks -Northville - The area comprised of the lands bounded by
Outer Drive, both sides of Highway 21 (Lakeshore Road), Ausable River
Cut, and Lake Huron.
5.
Ravenswood/Ipperwash - The area comprised of the lands bounded by
West Ipperwash Road, both sides of Highway 21 (Lakeshore Road), Army
Camp Road, and Lake Huron.
6.
North of the Ausable Cut Bridge - The area comprised of the lands
bounded by The Ausable River cut, both sides of Highway 21 (Lakeshore
Road), the limits of the former Village of Grand Bend and Lake Huron.
The Municipality of Lambton Shores
By-Law 51-2019 as Amended: Mobile Food and Refreshment
Service Equipment
Part 1 Provincial Offences Act
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING
OR DEFINING
OFFENCE
COLUMN 3
SET FINE
1.
Carrying on a business using food and
refreshment service equipment without
obtaining a license
2.1
$500.00
2.
Operating a business using food and
refreshment
service
equipment
in
contravention of by-law.
2.2
$100.00