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The Corporation of Loyalist Township
By-law Number 2024-103
A By-Law to Licence, Regulate and Govern Refreshment Vehicles in Loyalist Township
and to repeal By-law 2020-085
WHEREAS pursuant to Section 150 and 151 of the Municipal Act, 2001, a
municipality may provide for a system of licences with respect to any business wholly
or partly carried on within the municipality, including the sale or hire of goods or
services on an intermittent or one-time basis;
AND WHEREAS pursuant to section 11(2) of the Municipal Act, 2001 a municipality
may exercise its licensing powers for the purpose of consumer protection and to
protect the health and safety of the general public;
AND WHEREAS Loyalist Council enacted By-law 2020-085 a by-law to licence
refreshment vehicles for reasons of health, safety, and consumer protection;
AND WHEREAS Loyalist Council considers it desirable to continue such licensing
and registration regulations with respect to refreshment vehicles;
AND WHEREAS Council has determined it is desirable to repeal and replace By-law
2020-085 with the Licencing Requirements and Procedures outlined herein;
NOW THEREFORE the Council of The Corporation of Loyalist Township enacts as
follows:
1. By-law 2020-085 be hereby repealed.
2. The Licencing Requirements and Procedures for the operation of Refreshment
Vehicles attached hereto as Schedule 'A' and forming part of this By-Law, be
adopted.
3. This By-law shall come into force and take effect on the date of its passing.
Enacted and passed this 10th day of December, 2024.
The Corporation of Loyalist Township
Jim Hegadorn, Mayor
Anne Kantharajah, Clerk
Anne Kantharajah
Signed with ConsignO Cloud (2024/12/12)
Verify with verifio.com or Adobe Reader.
Jim Hegadorn
Signed with ConsignO Cloud (2024/12/12)
Verify with verifio.com or Adobe Reader.
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
1. Definitions
1.1. For the purpose of this By-law, the following definitions shall apply:
a) Appeals Committee means the Appeals Committee as established by Council.
b) Applicant means the person, business or their agent that is applying for a
Refreshment Vehicle Licence.
c) By-law means this Refreshment Vehicle By-law.
d) Clerk means the Clerk or their designate of Loyalist Township.
e) Council means the Council of The Corporation of Loyalist Township.
f) Designated Location means an area approved for operating a Refreshment
Vehicle.
g) Eating Establishment means a building or part of a building where food is
offered for sale or sold to the public for immediate consumption or for take-out
and includes such uses as a restaurant, dining room, cafe, cafeteria, ice cream
parlor, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room
or stand. This does not include grocery stores, gas stations, convenient stores,
markets, etc.
h) Licence means a permit issued under the provisions of this By-law.
i) Licencee means the person or business issued a Licence for a Refreshment
Vehicle pursuant to the provisions of this by-law.
j) Operator means the person who operates a Refreshment Vehicle, and if a
Licencee is also an Operator, the words Licencee and Operator will have the
same meaning.
k) Park Permit means a seasonal lease agreement to operate a Refreshment
Vehicle in a Township park or other municipally-owned facility, and approved on
an annual basis.
l) Provincial Offences Officer means an individual appointed by by-law or other
agencies designated by Council who are responsible for the administration of
this by-law.
m) Refreshment Vehicle means a vehicle, trailer, cart or other structure not placed
on a permanent foundation which is equipped for cartage, storage and the
preparation of food stuffs, beverages, confections and such items are offered
directly for consumption to the general public, and includes a chip wagon, a
mobile canteen and other refreshment vehicles.
n) Township means the Loyalist Township.
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
o) Waste means discarded: food, disposable eating utensils, paper, wood,
cardboard, plastic, glass or metal products, any of which were used in the
Refreshment Vehicle prior to being discarded.
p) Zoning By-Law means The Township's Zoning By-Law, or any successor By-
Law, as amended from time to time.
2. General
2.1. No person shall operate a Refreshment Vehicle in Loyalist Township unless they
hold a valid Licence pursuant to this By-law.
3. Application
3.1. To obtain a Licence, an Applicant shall file an application in writing on the forms
prescribed by the Clerk, and shall supply any other information relating to that
application as required.
3.2. A complete application shall include:
a) A completed and signed Refreshment Vehicle Licence application as prescribed
by the Clerk.
b) The address of the location at which the Refreshment Vehicle will operate and a
site map. The site map must clearly show the proposed location where the
Refreshment Vehicle would be located, setbacks to property lines and to
adjacent structures, signage and waste containers, and entrance and exit from
adjacent streets to the satisfaction of the Clerk. Any subsequent revisions to the
site map shall require written consent from the Clerk.
c) A letter, lease agreement or other proof of approval from the property owner to
operate at the proposed location specified, if applicable.
d) The following certificates of compliance:
i.
A current certificate of compliance with "The Food Premises Regulation" as
written under the Act from the Medical Officer of Health;
ii.
Technical Safety Standards Association Approval (if applicable); and
iii.
Propane Inspection and certification (if applicable).
e) A description in detail of the products to be sold.
f) Proof of Insurance showing that the Operator is covered by insurance in
accordance with Section 10 of this By-law.
g) Any other supporting documentation to achieve a high score if applying for a
Park Permit.
h) Any other documentation required by the Clerk.
3.3. The Clerk is not required to consider an application until the Applicant has provided
all the information. Receipt of an application does not represent approval nor shall it
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
obligate the Township to issue or renew a Licence.
4. Refreshment Vehicle Classifications
4.1. Under this By-law, there are three Refreshment Vehicle classifications:
a) Class 1: Motorized vehicles without food preparation - Motorized vehicles
permitted on public and private property from which pre-packaged or pre-made
food products are offered for sale for a brief time per location - no food is
permitted to be prepared on, in, or around the vehicle while in service. Most
common example is an ice cream truck.
b) Class 2: Motorized vehicles with food preparation - Motorized vehicles where
food products are prepared and offered for sale from different locations on public
and/or private property. Most common example is a food truck.
c) Class 3: Non-motorized refreshment vehicles - Non-motorized vehicles, carts,
bikes, etc. where food products, either pre-packaged or prepared on site, are
sold or offered for sale on public and/or private property. They can be stationary,
or mobile, but are non-motorized. Most common example would be hot dog
carts.
5. Conditions of Licence
5.1. The Licencee and all Operators shall comply with all Licence conditions under this
By-law, all other relevant Township by-laws, and any other requirements of the
Medical Officer of Health. The Clerk may impose additional conditions in the
interest of public safety.
5.2. Application fees paid in full in accordance with the Township's Miscellaneous Fees
and Charges By-law, as amended.
5.3. The Operator of a Refreshment Vehicle shall display the Licence granted by the
Township at all times and shall present this Licence on demand for inspection by
any Provincial Offences Officer.
5.4. No Licensee shall operate a Refreshment Vehicle other than in the Designated
Location for which the Licence has been issued unless permitted under this By-law.
5.5. The Operator shall be responsible for maintaining the area within 60 metres of the
Designated Location free of litter and debris.
5.6. The Operator shall be responsible for collecting waste resulting from the operation
of the Refreshment Vehicle and removing the waste from the Designated Location
to a designated disposal site appropriately, each day. Placing waste in a sidewalk
waste container provided by the Township is not sufficient to constitute removal.
5.7. The Operator must be at least 18 years of age.
5.8. No Person shall sell Refreshments from a Refreshment Vehicle between the hours
of 11:00 p.m. and 7:00 a.m.
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
5.9. Every Licence shall expire on December 31st of each year.
5.10. Separate Licence shall be taken out for each Refreshment Vehicle in operation.
5.11. The Licence shall not be transferrable to a successor or assignee.
6. Location
6.1. The Designated Location shall comply with the following criteria:
a) The Designated Location must not be on a highway, a vacant lot or a parking lot
adjacent thereto, or on property owned by the municipality except where
permitted under this By-law.
b) The Designated Location shall be zoned to permit the operation of refreshment
vehicles pursuant to the Township's Zoning By-law, as amended.
c) The Designated Location shall not be located directly in front of an entrance or
exit from a building.
d) The Designated Location shall not be located within 120 metres of the property
line of an Eating Establishment. Exemption from this provision applies:
i. Where the Refreshment Vehicle is located on Township property where a
Park Permit for Refreshment Vehicles has been obtained; and
ii. Where the Licencee and the owner of the Eating Establishment are the
same.
e) The Designated Location shall be set back at least 12 metres from a highway
measured from the property line closest to the highway, or as otherwise
indicated in the Township's Zoning By-law.
f) The Refreshment Vehicle must be at least 15 metres from fuel dispensers at
fuel dispensing stations, and retail propane dispensing tanks and cylinders.
g) The Refreshment Vehicle shall be parked and any signage, waste containers,
etc. shall be within the Designated Location.
h) The Township may impose alternative setbacks from adjacent structures or
vehicles as deemed necessary in the interest of public safety.
7. Refreshment Vehicle Park Permits
7.1. Refreshment Vehicle Park Permits are available for the locations listed in Appendix
A of this By-law. The Director of Community & Customer Service or their designate
has the authority to amend Schedule A of this By-law as needed from time to time.
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
7.2. The Director of Community & Customer Service or their designate is authorized to
determine the maximum number of Park Permits that will be considered for each
municipal facility, and to add or remove Park Permit spaces from facilities each year
based on public feedback, operational impacts, and other municipal priorities.
7.3. The Director of Community & Customer Service is authorized to approve a
temporary increase to the number of Refreshment Vehicles that may be permitted
to operate at a municipal facility as part of a special event subject to the terms and
conditions as may be set out in the agreement with the special event organizer.
7.4. Other than in 2024, applicants wishing to obtain a Refreshment Vehicle Park Permit
shall submit an application no later than the last Friday in November to be
considered for a Park Permit for the following year.
7.5. The Clerk will utilize the Rubric for Park Permit Allocation attached herein as
Appendix B to score the applications.
7.6. If the number of applications for a Park Permit for a certain location equals the
number of Park Permits available at that location, the Clerk may award the Park
Permit to the Applicants for their preferred location.
7.7. If the number of applications for a Park Permits for a certain location is more than
the number of Park Permits available at that certain location, the Clerk would grant
the permit allocation awarding the permit to the highest-scoring applicant. The
applicants with lesser scores would be provided with other available options or
asked to find a location on private property.
7.6. Park Permits are valid from April 1st and expire on October 31st of each year.
7.7. Refreshment Vehicles with Park Permits shall be removed from the location by
October 31st of each year. This includes removal of any platforms/decks, signage,
and waste. Any items remaining will be removed and disposed of by the Township
at the Licencee's expense.
7.8. The Township has no obligation to provide facilities and utilities at the Park Permit
Locations including, but not limited to, washrooms, hydro, water, etc.
7.9. No Licencee shall be issued more than one Park Permit at any time. Should no other
application come forward for a Park Permit Location, any subsequent Park Permit
shall be issued.
7.10. The Township reserves the right to place on hold any Park Permit:
a) When the park is needed for an event of municipal significance;
b) When the park requires maintenance;
c) In order to ensure public safety; or
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
d) For parks where a person has rented the facility and has requested the
temporary closure of the Refreshment Vehicle.
7.11. The Township may revoke a Park Permit if, in the sole opinion of Township staff,
the Licensee fails to comply with the requirements of the permit or any provision of
this By-law or for any reason that the Township deems appropriate.
8. Regulations
8.1. The Operator of any Refreshment Vehicle shall operate in accordance with the
Health Protection and Promotion Act, R.S.O. 1990, c. H.7, Ontario Regulation
493/17.
8.2. The Operator of any Refreshment Vehicle shall operate in accordance with the
Technical Safety Standards Act, 2000, S.O. 2000, c.16.
8.3. Every Refreshment Vehicle which is equipped with propane-fueled appliances must
be inspected by a certified propane fitter registered by the Fuel Safety Branch, and
found to comply with the Ontario Propane Code and, prior to the issuance of a
Refreshment Vehicle Licence shall supply the Clerk with written confirmation of
compliance in this regard.
8.4. The Operator of any Refreshment Vehicle equipped with cooking equipment shall
operate in accordance with the Fire Protection and Prevention Act, 1997, S.O.
1997:
a) A cooking operation producing smoke or grease-laden vapours shall be
provided with an exhaust system and fire protection system in accordance with
N.F.P.A. 96 "Standard for Ventilation Control and Fire Protection of Commercial
Cooking Operations".
b) Portable extinguishers suitable for Class K fires shall be provided to protect
cooking operation.
8.5. Cooking equipment must be commercial-grade or intended for commercial use as
stated in manufacturer recommendations.
8.6. All Refreshment Vehicles shall be roadworthy and comply with the Highway Traffic
Act and shall be licensed for operation on a public highway. The issuance of a
Licence under this By-law does not act to exempt Operators from the provisions of
the Highway Traffic Act and all traffic and parking by-laws of the Township.
8.7. All signage must meet the requirements set out under the Townships Sign By-law,
as amended.
8.8. Any platforms/decks for accessing the food truck service window shall be reviewed
by the building department and comply with all Ontario Building Code requirements.
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
9. Fees
9.1. Requisite application fees are outlined in the Township's Fees and Charges By-
Law.
9.2. Application fees shall not be pro-rated.
10. Insurance
10.1. The Licencee, at their expense, obtain and keep in force during the term of this
licensed agreement, Commercial General Liability insurance satisfactory to the
Township, written by an insurer licensed to conduct business in Ontario and
include but not be limited to the following:
a) A limit of liability of not less than five million dollars ($5,000,000)/occurrence.
b) The Township shall be named as an additional insured;
c) The policy shall contain a provision for cross liability in respect of the named
insured;
d) Non-owned automobile coverage with a limit of at least five million dollars
($5,000,000) including contractual non-owned coverage;
e) Products and completed operation coverage (Broad Form) with an aggregate
limit not less than five million dollars ($5,000,000); and
f) That 30 days prior notice of an alteration, cancellation or material change in
policy terms which reduces coverages shall be given in writing to the Clerk.
11. Exemptions
11.1. A Refreshment Vehicle may operate at fairs, auctions, a private event on Township
property as part of an approved park or facility permit, community festivals/events
organized by the Township or any Council authorized event.
11.2. A Licence is not required for a Refreshment Vehicle operating on Township and/or
private property in zones permitted under the Zoning By-law for an event for a
period of no more than 3 days in a calendar year, with a valid licence from another
municipality within the Kingston, South Frontenac or County of Lennox and
Addington.
11.3. For any other exemption not listed above, any person may submit a written request
to the Clerk requesting an exemption from any of the prohibitions described in
Sections 5 and 6 and Council hereby delegates to the Clerk, the authority to
process any exemption request.
11.4. All exemption requests shall be in writing and include;
a) the name and address of the Applicant;
b) a statement of the particular provisions of the By-law from which exemption is
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
sought;
c) the period of time, of a duration not in excess of six months for which the
exemption is sought;
d) the reasons why the exemption should be granted; and
e) a statement of the steps, if any, planned or presently being taken to bring about
compliance with the By-law.
11.5. Upon receipt of an exemption, the Clerk may grant any exemption as requested or
with conditions, where
a) the request is necessary and in the public interest;
b) the request does not contravene any other Township by-law or policy, or
legislation;
c) the proposed mitigation measures are appropriate; and
d) the duration of the requested exemption is reasonable.
12. Revocation, suspension or licence refusal
12.1. The Clerk may revoke, suspend or refuse to issue or renew a Licence where:
a) the Licencee would not qualify for a Licence or would not be entitled to a renewal
of a Licence on the grounds set out in this By-law;
b) The Application is incomplete or contains false or incorrect information;
c) the Refreshment Vehicle, its appearance or where the location is deemed
inappropriate, unsuitable, or unsafe;
d) the Licencee has been the subject of repeated established complaints regarding
the operation of business;
e) the Licencee has been found by a Provincial Offences Officer to have failed to
comply with any of the provisions of this By-law; or
f) written notice has been received from the Medical Officer of Health, or the
Technical Safety Standards Association stating that the Refreshment Vehicle is
operating contrary to required standards.
12.2. Where the Licence is refused, the Clerk will inform the applicant in writing.
12.3. Where the Licence is revoked or suspended, the Operator shall be served notice of
non-compliance by a Provincial Offences Officer.
13. Appeal
13.1. A person whose Licence has been refused, revoked or suspended may, within
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
fifteen (15) days of being notified of the refusal, suspension or revocation, as the
case may be, appeal that decision to the Appeals Committee and shall pay the
Appeal Fee.
13.2. On appeal, the Appeals Committee has the power to affirm the decision of the Clerk
to refuse, suspend or revoke the Licence, or to direct the Clerk to issue, renew or
reinstate the Licence. The Appeals Committee may also direct the Clerk to impose
certain conditions.
13.3. Decisions of the Appeals Committee are final.
14. Penalty
14.1. Every person who contravenes any provisions of this by-law shall be guilty of an
offence and, upon conviction, is subject to a fine as provided in the Provincial
Offences Act and to any other applicable penalties as listed in Appendix C of this
By-law.
14.2. Pursuant to the authority established in section 429 of the Municipal Act, S.O. 2001,
c. 25 as amended, every person who contravenes any provision of this By-law is
guilty of an offence and upon conviction pursuant to Part III of the Provincial
Offences Act R.S.O. 1990, c. P.33, as amended
15. Administration
15.1. The Clerk is authorized to issue a Licence under this By-law.
15.2. The Clerk is responsible for the administration of this By-law including developing
procedures and forms.
15.3. All Provincial Offences Officers with authority to enforce the by-laws of the
municipality are responsible for enforcing the provisions of this By-law.
15.4. The Clerk of Loyalist Township is hereby authorized to make any minor
modifications or corrections of an administrative, numerical, grammatical,
semantically or descriptive nature or kind to the By-law as may be deemed
necessary after the passage of this By-law, where such modifications or corrections
do not alter the intent of the By-law.
16. Validity
16.1. Where a conflict arises between the provisions of this By-law and any other
Township by-law the more stringent provision shall apply.
16.2. lf a court of competent jurisdiction declares any provision, or part of a provision, of
this By-law to be invalid, or to be of no force and effect, it is the intention of Council
in enacting this By-law that each and every provision of this By-law authorized by
law be applied and enforced in accordance with its terms to the extent possible
according to law.
Refreshment Vehicles Licencing Requirements and Procedures
Schedule A to By-law 2024-103
Appendix A - Park Permit Locations
Location
Amenities
Number of Permits
Available
Fairfield Park-4574 Bath Road
Amherstview
Hydro and Seasonal
Washroom facility
available
1
Finkle Shores Park- 697 Bath
Road, Bath
Hydro and Seasonal
Washroom facility
available
1
Bath Centennial Park-336 Main
Street, Bath
No hydro available
1
Babcock Mills, 30 Bridge Street
No hydro available
1
Appendix B - Rubric for Park Permit
Criteria
4 Points
3 Points
2 Points
1 Point
Total
Longevity in the
community
Operating in the community for
more than 5 years.
Operating in the community
for between 2-5 years.
Operating in the community
for up to 2 years.
New applicant.
Community
engagement
Participates in multiple
community events during a
calendar year.
Participates in one
community event per year.
Has participated in one
community event.
No participation in
community events.
Menu diversity and
innovation
Offers 4 or more items from
multiple continents or cuisine
types. Introduces new items
throughout the year
(seasonally) and includes
options for dietary needs and
utilizes a variety of cooking
methods.
Offers items from 3 cuisine
types or continents. Offers
new items annually with
good options for dietary
needs and uses various
types of cooking methods.
Offers items from 2 cuisine
types or continents. Offers
some new items with some
options for dietary needs
and utilizes two types of
cooking method.
Offers items from only one
cuisine or continent. Offers
no new items with limited
options for dietary needs
and utilizes up one cooking
method.
Use of local
ingredients and
materials
Sources 51% or more of
ingredients and materials from
the Kingston, Frontenac,
Lennox and Addington region.
Sources between 21%-50%
of ingredients and materials
from the Kingston,
Frontenac, Lennox and
Addington region.
Sources less than 20% of
ingredients and materials
from the Kingston,
Frontenac, Lennox and
Addington region.
Sources no ingredients and
materials from the
Kingston, Frontenac,
Lennox and Addington
region.
Customer Satisfaction
Shows a copy of recent online
reviews showing high
customer satisfaction ratings at
81% or 4.1/5 or more and
positive feedback.
Shows a copy of recent
online reviews showing
positive customer
satisfaction ratings at 66%-
80% or 3.1-4/5.
Shows a copy of recent
online reviews showing
mixed customer satisfaction
ratings at 51%-65% or 2.1-
3/5
Shows a copy of recent
online reviews showing
mostly negative customer
satisfaction ratings at less
than 50% or 2/5.
Total
/25
Points
Appendix C - Part I Provincial Offences Act
Item
Short form wording
Provision creating or
defining offence
Set Fine per
Occurrence
1.
Operate any Refreshment Vehicle
without a Licence
Section 2.1
$600
2.
Fail to display Licence
Section 5.1
$100
3.
Fail to present Licence on demand
Section 5.2
$100
4.
Fail to dispose of waste
Section 5.5
$300
5.
Fail to ensure property is
maintained in a neat and tidy
condition
Section 5.4
$300
6.
Operate a Refreshment Vehicle on
property that does not permit such
use
Section 6.1
$300
7.
Operate a Refreshment Vehicle
within 12 metres of the highway
Section 6.1 e)
$300
8.
Operate a Refreshment Vehicle
within 120 metres of an Eating
Establishment
Section 6.1 d)
$300
9.
Operate a Refreshment Vehicle on
Township property without
permission
Section 6.1 a)
$300
10.
Operate a Refreshment Vehicle on
a Highway
Section 6.1 a)
$300