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THE CORPORATION OF THE TOWNSHIP OF MAPLETON
BY-LAW NUMBER 2005-026
A By-law respecting the issuing of Licences
within the Township of Mapleton
WHEREAS the Council of the Corporation of the Township of Mapleton has the
authority to enact a by-law respecting the issuing of licenses pursuant to The Municipal Act,
S.O. 2001, c25, S.150 as amended,
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
MAPLETON ENACTS AS FOLLOWS:
1.
(a)
(b)
(c)
(d)
(2)
(f)
(g)
(h)
(i)
@
(k)
INTERPRETATION
For the purpose of this By-law the following terms shall have the corresponding
meanings:
“Applicant” means any Person whose name appears as the applicant on any Licence
application form received by the Township;
“By-law” means this By-law and any amendments thereto including all Schedules
forming any part of this By-law and any amendments thereto;
“Clerk” means the Clerk af the Corporation of the Township of Mapleton or his or her
designate;
“Council” means the Council of the Corporation of the Township of Mapleton
“Highway” includes a common and public Highway, street, road, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, 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;
“Inspector” means any Township employee or other person authorized by the
Township to carry out inspections under and to enforce the provisions of this By-law;
“Licence” means the official document issued by the Township under the provisions
of this By-law bearing the signature of the Clerk authorizing a Person to conduct,
operate or carry on any of the trades, businesses or occupations listed in Schedule “A”
to this By-law;
“Licensee” means any Person licensed under this By-law;
“Person” includes a corporation, organization, association and a partnership and the
heirs, executors, administrators and other legal representatives of a person to whom
the context can apply according io law;
“Schedule” means all regulations attached to and forming part of this By-law including
any amendments thereto; and
“Township” means the Corporation of the Township of Mapleton.
LICENCES REQUIRED
(a) No person shail carry on any of the trades, businesses or occupations in the
Township of Mapleton as set out in Schedule “A” to this By-law, without a
Licence to do so issued by the Township.
(b)} No Licence issued under this By-law shall be valid unless all applicable fees, as
set out in Schedule “A” to this By-law are paid in full.
See current Fees & Charges By-law, as
APPLICATION FOR LICENCE
amended from time to time.
(a) No licence shall be issued to any Applicant under the age of 18 years.
(b) Every application for a Licence under this By-law shall be made in writing and
shall be accompanied by the applicable Licence fee, and proof of age if
requested by the Clerk.
LICENCE FEES
Every Licence issued under this By-law, unless the same shall be revoked in
accordance with Section 14 hereof, shall only be in effect for the calendar year in
which it is issued and shall expire on the 31st day of December next following the date
of issue and a new Licence shall be required for each calendar year thereafter.
PROOF OF INSURANCE
Every Licensee shail keep in full force and effect during the term of the Licence
general liability insurance in connection with the trade, business or occupation licensed
in the minimum amount of $1,000,000.00 and proof of such insurance shalt be
provided upon demand to the Clerk or an Inspector.
PARTNERSHIPS
Where two or more persons carry on or engage in partnership in any of the trades,
businesses or occupations set forth in any of the Schedules forming part of this By-
iaw, the Licence may be issued in the name of one partner only, but when the
application for Licence is made, the name and address of each member of the
partnership shall be set out therein and all such partners shall be jointly and severally
liable for compliance with the terms of the Licence and this By-law.
ISSUE OF LICENCE
Every Licence issued in accordance with this By-law shall be issued in the name of the
Township by the Clerk.
LICENCE NOT TRANSFERABLE
Every Licence issued under this By-law shall be personal to the holder thereof and
shall not be transferable or assignable from Person to Person or focation to location
and no Licensee shall advertise or promote or carry on business under any name
other than the name endorsed upon the Licence issued to the Licensee.
DISPLAY OF LICENCE
(a) Every Person issued a Licence under this By-law, where such Licence is
applicable to a particular premises, shail ensure that said Licence is posted on
the premises in a conspicuous place clearly visibie to the public at all times
while the Licence is in effect.
(b) Every Person issued a Licence under this By-law, where such Licence is not
applicable to a particular premises, shall ensure that the Licence is in the
Licensee’s possession at ali times while engaged in the business for which the
Licence was issued and such Person shall produce such Licence upon request
of the Clerk or an Inspector.
BY-LAW NUMBER 2005-026 PAGE 2
10.
11.
12.
13.
14.
15.
16.
COMPLIANCE WITH OTHER LAWS REQUIRED
The issuance of a Licence under this By-law does not permit or condone the violation
of any other law, statute or other regulation in effect in the Township of Mapleion, the
Province of Ontario or the Dominion of Canada.
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
Council may refuse to issue or renew a Licence where:
{a) the fees due in respect of such Licence have not been paid in full;
(b) the application or any documents requisite to the Licence being issued have
not been completed or have been completed incorrectly or have not been
provided to the Clerk; or
(c) the Applicant or Licensee is carrying on an activity that is, or will be, if the
Applicant is licensed, in contravention of this By-law or any other law, statute or
other regulation;
(dj the grounds set out in Section 150(114) of The Municipal Act, S.O. 2001, c. 25, as
amended, are applicable, in the opinion of Council; or
(e) the Applicant or Licensee has ever been convicted of an offence under any
provisions of this By-law.
REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE
When Council refuses to issue or renew a Licence, the Licence fee paid for such
issuance or renewal shall be fully refunded.
ISSUANCE OR RENEWAL OF LICENCE ON TERMS AND CONDITIONS
Notwithstanding any other provision of this By-law, Council may issue a Licence or
renew a Licence subject to such terms and conditions as in the opinion and discretion
of Council are necessary or appropriate to give effect to this By-law .
COUNCIL’S POWER TO REVOKE, SUSPEND OR CANCEL A LICENCE
Council may revoke, suspend or cancel a Licence:
(a) where the Licensee would be disentitled to a Licence for any of the reasons set
out in Section 11 of this By-law;
(b) when the Licensee is convicted of an offence under any provision of this By-
law; or
(c) where the Licensee is not in compliance with any of the provisions of this By-
law.
REFUND OF FEE ON REVOCATION OF LICENCE
When a Licence is revoked, suspended or cancelled under Section 14 of this By-law,
the Licensee is entitled to a refund of that part of the Licence fee which is
proportionate to the unexpired part of the term for which the Licence was issued.
REVOKED, SUSPENDED OR CANCELLED LICENCES TO BE RETURNED
(a) When a Licence has been revoked, suspended or cancelled, the holder of the
Licence shall return the Licence to the Clerk by the next business day following
receipt of the written notice of the decision of Council.
BY-LAW NUMBER 2005-026 PAGE 3
(b)
When a Licensee has had his or her Licence revoked, suspended or cancelled,
the Licensee shall not refuse to return the Licence or shall not in any way
obstruct or hinder the Clerk or an Inspector from obtaining the Licence.
17. APPEALS TO THE APPEAL COMMITTEE
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Council hereby appoints the Administration and Finance Committee as the
Committee of Council to conduct hearings on its behalf pursuant to this By-law.
When an Applicant or Licensee is not entitled to a Licence or to have the
Licence renewed on any grounds set out in Section 11 of this By-law, the Clerk
shall recommend to Council that Council refuse to issue or renew the Licence
or that Council revoke, suspend or cancel the Licence.
Notwithstanding Section 17(b) of this By-law, the Clerk may recommend to
Council that Council issue or renew a Licence on terms and conditions
pursuant to Section 13 of this By-law.
Prior to a recommendation proceeding to Counci! to refuse to issue or renew a
Licence, or before Council revokes, suspends or cancels a Licence, a written
notice shall be sent by the Clerk to the Applicant or Licensee, by Registered
Mail, advising htm or her of the recommendation.
The written notice to be sent under Section 17 (d) shall:
(i) set out the grounds for the recommendation;
(ii) give reasonable particulars of the grounds;
cil) be signed by the Clerk; and
(iv) inform the Applicant or Licensee that he or she is entitled to a hearing
before Council if he or she delivers to the Clerk within ten days after the date
of mailing of the written notice, a written request for a hearing.
Upon receipt of a written request from an Applicant or Licensee for a hearing,
the Clerk shall provide the Applicant or Licensee with written notice of the date,
time and location of the hearing and such notice shall be provided at least
twenty days prior to such hearing.
The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990,
Chapter S.22, or any successor thereof, shall apply to all hearings conducted
by Council under this By-law,
lf the Applicant or Licensee who has been sent notice of the hearing does not
appear at the appointed time and place of the hearing, Council may proceed
with the hearing in the absence of the Applicant or Licensee.
Council may uphold or vary the recommendation of the Clerk or do any act or
make any decision and the Applicant or Licensee shall not be entitled to any
further hearing on the matter before Council and the decision of Council shall
be final,
18 INSPECTIONS
(a)
(b)
No person who has or is required to have a Licence under this By-law shall
obstruct or hinder or permit the obstruction or hindrance of any inspection
under this By-law.
The Clerk or an Inspector may at any reasonable time enter upon and inspect
any premises in respect of which an application has been made for a Licence
or for which a Licence has been issued under this By-law.
BY-LAW NUMBER 2005-026 PAGE 4
19.
20.
21.
22.
23.
SPECIFIC PROVISIONS SET OUT IN SCHEDULES
In addition to the provisions of this By-law, every holder of a Licence shall comply with
the specific provisions and regulations set out in the Schedules attached hereto and
forming part of this By-law, as the same may be amended from time to time, which are
applicable to the trade, business or occupation being conducted, operated or carried
on by the Licensee pursuant to the Licence.
OFFENCE
Every Person who contravenes any provision of this By-law or any Schedule to this By-
law is guilty of an offence.
PENALTIES
Every Person who is convicted of an offence under any provision of this By-law or any
Schedule to this By-law shall be liable to a penalty as set out in Section 61 of The
Provincial Offences Act, R.S.O. 1990, Chapter P.33, or any successor thereof.
ULTRA VIRES
It is hereby declared that notwithstanding that any section of this By-law, or parts
thereof, may be found by any court of law to be invalid or beyond the power of the
Council to enact, such section or sections or parts thereof shall be deemed to be
severable and that all other sections or parts of this By-law are separate and
independent therefore and enacted as such.
CONFLICT
In the event of a conflict between any provision of this By-law and any other By-law in
effect in the Township of Mapleton or with any other law, statute or regulation applying
to the Township, the more restrictive requirement shali apply.
READ a first and second time this 14" day of June, 2005.
READ a third time and passed this 14" day of June, 2005.
VA
‘Mayor John C. Green
CAO Clerk Patty Sinnamon
BY-LAW NUMBER 2005-026 PAGE 5
TOWNSHIP OF MAPLETON
BY-LAW NUMBER 2005-026
SCHEDULE “B”
FOOD VEHICLES
For licensing, regulating and governing vehicles
from which food items and refreshments
are sold or offered for sale to the public for consumption by the public
INTERPRETATION
4. In addition to the terms defined in Section 1 of this By-law, the following terms shall
have the corresponding meanings for the purposes of this Schedule:
(a) “Arterial Road” means any Highway with markings identifying more than two
traffic lanes;
(b) “Chip Wagon” means either a mobile or immobile vehicle either mounted on
blocks or supported by a conventional wheel, tire and axle system from which
food items such as french fries, burgers, hot dogs, popcorn, potato chips,
chocolate bars, nuts and non-alcoholic beverages are offered for sale or sold to
the public;
(c) “Food Vehicle” means a Chip Wagon, Mobile Barbecue Facility, Refreshment
Vehicle or Refrigerated Bicycle Cart;
(d) “Mobile Barbecue Facility’ means an open-air barbecue affixed to a cart
which is on wheels or is capable of being moved from place to place by a
person on which food is prepared and sold or offered for sale to the public.;
(e) “Public Park” means a recreational area for public use that is owned or
controlled by the Township.
(fy “Refreshment Vehicle” means a vehicle or other itinerant food premise fram
which pre-packaged food items are offered for sale or sold and from which no
food is prepared except hot beverages;
(g) “Refrigerated Bicycle Cart” means a manually propelled itinerant tricycle
vehicle from which ice-cream, ice-cream cones, ice milk and other iced
confectionery food items are offered for saie or sold to the public;
(h) “Site Plan” means a drawing of a site which includes all applicable
measurements of the Food Vehicle and the surrounding area within 100 metres
of the site and on which ali buildings and structures, Highways, driveways or
other landmarks are indicated; and
(i) ‘“ehicle” shall have the same meaning as set out in the Highway Traffic Act,
R.S.O. 1990, Chapter H.8
APPLICATION OF SCHEDULE
2. ‘In addition to all other provisions of this By-law, the provisions of this Schedule shall
apply in respect of Food Vehicles.
LICENCE REQUIRED
3. No Person shall operate or permit the operation of any Food Vehicle within the
Township of Mapleton without a Licence to do so issued by the Township.
BY-LAW NUMBER 2005-026 PAGE 7
GENERAL PROVISIONS
4. (a)
(b)
(c)
(d)
(e)
In addition to the specific requirements set out herein, this Section shail
apply to all persons operating a Food Vehicle within the Township.
No person shall operate a Food Vehicle in any Public Park at any time wherein
such Public Park a concession stand or booth is situated.
Every Licensee of a Food Vehicle shall ensure that every sign affixed to or
used in conjunction with the Food Vehicle complies with any Township sign by-
laws or County of Wellington sign by-laws.
Every Licensee of a Food Vehicle shall supply a refuse container for his or her
Food Vehicle to the satisfaction of the Township and the Licensee shall ensure
that:
@ such refuse container is maintained in a position immediately adjacent
to the Food Vehicle at all times;
(ii) all refuse generated from the operation of the Licensee’s Food Vehicle
is contained in such refuse container; and
(ii) all refuse generated from the Licensee’s Food Vehicle is disposed of in
accordance with the Township’s by-laws; and
(iv) the adjoining area is kept in a clean, sanitary and attractive
condition.
Every Licence issued shall expire on December 31° in the year issued.
DISPLAY OF LICENCE
5. Every Licensee of a Food Vehicle shall ensure that the Licence is affixed to the Food
Vehicle in a conspicuous place clearly visible to the public at all times while the Food
Vehicle is in operation.
APPLICATION FOR LICENCE
6. (a)
_(b)
Every Applicant for a Licence to operate any Food Vehicle shall submit to the
Clerk:
(i) a letter from the owner of every property on which the Food Vehicle
may be situated authorizing the Applicant to conduct such business
fram the property; and
ci) a Site Plan to be approved by the Clerk and no Licence shall be issued
until the Site Plan is approved.
ii) signed evidence of inspection, from a qualified propane fitter, that any
propane-fuelled appliances installed on the vehicle compiy with “The
Ontario Propane Code”
(iv) proof of inspection of the Food Vehicle by the local Fire Chief and the
local Medical Officer of Health
Every Applicant for a Licence to operate any Refrigerated Bicycle Cart or
Mobile Barbecue Facility shall provide to the Clerk the serial number of each
Refrigerated Bicycle Cart or Mobile Barbecue Facility to be used.
BY-LAW NUMBER 2005-026 PAGE 8
CHIP WAGONS
7. (a)
(6)
(c)
(qa)
Every Person operating a Chip Wagon shall ensure that only food items such
as french fries, burgers, hot dogs, popcorn, potato chips, chocolate bars, nuts
and non-alcoholic beverages are offered for sale or sold from the Chip Wagon.
No person shail locate or operate a Chip Wagon within the Township except on
privately owned property with a Commercial zoning and no person shall locate
or operate a Chip Wagon:
(i) on any Highway;
(ii) within 6.5 metres of any corner of any intersection;
ait) within 6.5 metres of any Highway;
(iv) within 25 metres of any restaurant or any other Chip Wagon
(wv) within 50 metres of any fuel filling station
No person shall operate a Chip Wagon that occupies an area greater than 40
square metres.
Every Applicant shall submit with the application the licensing fee of $250.00
per Chip Wagon.
MOBILE BARBEQUE FACILITY
8. (a)
(b)
(c)
(d)
Every Licensee of a Mobile Barbecue Facility shall ensure that:
(i) only the Mobile Barbecue Facility identified by serial number on the
Licence is operated;
Ci) the Mobile Barbecue Facility is only operated at the location set out on
the site plan submitted to the Clerk as required by clause 6 (a)(ii) of this
Schedule; and
(til) such Mobile Barbecue Facility is maintained in good repair.
Every person operating a Mobile Barbecue Facility shall ensure that only the
food which is prepared on the barbecue of such Mobile Barbecue Facility,
tegether with condiments, buns, and non-alcoholic beverages are sold or
offered for sale from such Mobile Barbecue Facility.
No person shall locate or operate a Mobile Barbecue Facility:
i) on any Highway;
(ii) within 6 metres of any corner or intersection;
(iii) within 6 metres of any Highway;
(iv) within 25 metres of any restaurant or any other Food Vehicle or any
street vendor as set out in this By-law;
(v) within 50 metres of any fuel filling station
(vi) when such Mobile Barbecue Facility occupies an area greater than 2.5
square metres;
(vil) in any manner or at any place where pedestrians are in any way
obstructed or impeded from entering or exiting any building or structure
on the property on which such Mobile Barbecue Facility is located:
(viii) on any property where, due to the area occupied by the Mobile
Barbecue Facility, the minimum parking space requirement for such
property is not in compliance with the Tawnship’s zoning by-laws; or
cix) on any property without first obtaining or having in place the required
zoning for such use of the property.
Every Applicant shall submit the prescribed licensing fee of $250.00 for each
Mobile Barbecue Facility.
BY-LAW NUMBER 2005-026 PAGE 9
REFRESHMENT VEHICLE
9. (a) No person shall offer for sale any goods from a Refreshment Vehicle on any
Highway in the Township.
(b) Every Licensee of a Refreshment Vehicle shall ensure that only prepackaged
food items are offered for sale or sold from the Refreshment Vehicle and that
no food is prepared therein except hot beverages and that no food item is
offered for sale or sold from the Refreshment Vehicle:
(i) At any location other than industrial or commercial establishments
or to workers on a construction site:
(ii) To the general public; and
(ci) Unless such food item is pre-packaged in individual servings and the
date of preparation of the food item is clearly displayed on the package.
(c) Every Licensee of a Refreshment Vehicle shall ensure that the Refreshment
Vehicle does not remain in any particular location for the purpose of offering
food items for sale, for more than 30 minutes.
(d)} Every Applicant shall submit with the application the prescribed licensing fee of
$100.00 for each Refreshment Vehicle.
REFRIGERATED BICYCLE CART
10. (a) Every Licensee of a Refrigerated Bicycle Cart shall ensure that:
Gi) only ice cream, ice cream cones, ice milk and other iced confectionery
products are offered for sale or sold from the Refrigerated Bicycle Cart;
(ii) all food items offered for sale or soid from said Refrigerated Bicycle Cart
are individually wrapped;
Citi) the Refrigerated Bicycle Cart is equipped with a soft toned bell or chime
in proper working order;
Civ) the Refrigerated Bicycle Cart is not operated on any Arterial Road within
the Township unless such Arterial Road has a separate bicycle lane
clearly identified for the accommodation of bicycle traffic.
(b) No Licensee of a Refrigerated Bicycle Cart shall employ or allow anyone
under the age of 15 years to operate the Refrigerated Bicycle Cart.
(c) Every Applicant shail submit with the application the prescribed licensing fee of
$50.00 per cart.
(d) Section 6 (a)(ii) of this Schedule shall not apply to an application for a Licence
for a Refrigerated Bicycle Cart.
EXEMPTIONS
11. (a) Notwithstanding Section 3(a) of this By-law, a Licensee of a Food Vehicle shall
be permitted to operate in a Public Park in conjunction with and during a
special event provided written approval has been obtained from the Township
in advance.
(b) The provisions of this By-law and Schedule shall not apply to Mobile Barbecue
Facilities operated in connection with a charitable fund-raising event, or a
community event held on Township property, or where written approval has
been obtained from the Township in advance.
INSPECTIONS
12. in addition to Section 18 of this By-law, every person who operates a Food Vehicle
shall not obstruct or hinder or permit the obstruction or hindrance of any inspection of
the Food Vehicle by the local Medical Officer of Heaith or by any other inspector.
BY-LAW NUMBER 2005-026 PAGE 10
TOWNSHIP OF MAPLETON
BY-LAW NUMBER 2005-026
SCHEDULE “C”
TRANSIENT TRADER
For licensing, regulating and governing transient traders
INTERPRETATION
4. In addition to the terms defined in Section 1 of this By-law, the following terms shall
have the corresponding meanings for the purposes of this Schedule:
(a) “Site Plan” means a drawing of a site which includes all applicable
measurements of the selling area and the surrounding area within 100 metres
of the site and on which all buildings and structures, Highways, driveways or
other landmarks are indicated; and
(b) “Transient Trader” means a person who offers goods, wares or merchandise
for sale in any manner in the Townshi
y
@ other than on a permanent basis, or
(it) on a permanent basis of the total time the person has operaied the
business on a permanent basis and the time the person continuously
resided in the Township immediately before beginning to operate the
business on a permanent basis is less than three months
APPLICATION OF SCHEDULE
2. In addition to all other provisions of this By-law, the provisions of this Schedule shall
apply in respect of Transient Traders.
LICENCE REQUIRED
3. (a) No person shall operate as a Transient Trader within the Township without a
Licence to do so issued by the Township.
(b) A one day vendor's licence may be purchased subject to the provisions of this
By-law.
EXEMPTIONS
4. (a) This Schedule does not apply to the sale of goods or produce which have been
grown in the Township and are being sold or offered for sale by the grower on
his or her own property.
(b) A one-day vendor's licence shal! only be available to an individuai and shall not
apply where goods, wares or merchandise are sold or offered for sale by or on
behalf of a group of individuals or persons.
BY-LAVW NUMBER 2005-026 PAGE 114
APPLICATION FOR LICENCE
5.
(a)
(b)
Every Applicant for a Transient Trader's Licence shall submit to the Clerk:
Ci) a letter from the owner of the property on which the sale is to take place
authorizing the Applicant to conduct such a sale from the property; and
ci) a Site Plan of the sale location to be approved by the Clerk; and
Cif) a statement in writing containing a full description of the goods, wares
or merchandise that the Applicant proposes to sell or offer for sale
under such Licence.
Every Applicant shall submit with the application the appropriate licensing fee.
SALE LOCATIONS PROHIBITED
6.
SIGNS
(a)
(6)
(c)
No Transient Trader shall conduct a sale on any Highway or road allowance
within the Township of Mapleton.
No Transient Trader shall conduct a sale within 300 metres of any other
existing business when the goods, wares or merchandise being sold or offered
for sale are substantially the same as those being offered for sale by the other
existing business.
No Transient Traders using a sidewalk from which to sell or offer for sale
goods, wares or merchandise shall operate in such a manner as to obstruct
such sidewalk or interfere with the normal use of such sidewalk by pedestrians.
Every Transient Trader shall ensure that:
{a)
(b)
(c)
(d)
only one sign is used in association with any sale, except where a sale is
conducted on a corner property, a maximum of two signs may be used with no
more than one sign abutting each Highway;
every sign used is a freestanding, portable sign constructed of a wood, metal or
other rigid material with a maximum height of 0.8 metres and a maximum
surface area of 0.8 square metres:
the location of every sign to be used in conjunction with the sale is illustrated on
the Site Plan; and
every sign used is located wholly on the property on which the sale is being
conducted in accordance with Section 6 of this Schedule and is at least 3.0
metres away from any shoulder of a Highway or property line of a road
allowance.
BY-LAW NUMBER 2005-026 PAGE 12