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THE CORPORATION OF THE CITY OF MISSISSAUGA
Vendors' By-law 0522-2004
(Amended by By-laws 0196-2008, 0403-2009, 0152-2014, 0132-2015, 0115-2017, 0251-2021,
0051-2023, 0132-2023, 0068-2025, 0040-2026,)
WHEREAS subsection 150 of the Municipal Act, 2001 S.O. 2001, c.25, provides that a
local municipality may license, regulate and govern any business wholly or partly carried on
within the municipality even if the business is being carried on from a Location outside the
municipality;
AND WHEREAS a by-law licensing or imposing any condition on any business or class
of business passed under this section comes into force shall include an explanation as to the
reason why the municipality is licensing or imposing the condition and how the reason relates to
the purpose;
AND WHEREAS the Council of the City of Mississauga considers it desirable and
necessary to license, regulate and govern Refreshment Carts and Cycles and Portable Display
Units for the purposes of Health and Safety, to enhance and encourage safe maintenance and
operational practices for Refreshment Carts, Cycles and Portable Display Units and ensure
accountability of industry participants for health and safety issues;
AND WHEREAS the Council of the City of Mississauga considers it desirable and
necessary to license, regulate and govern Refreshment Carts, Cycles and Portable Display
Units for the purposes of Consumer Protection, to enhance and encourage equal, fair and
courteous treatment of clients and Operators, ensure competence of Refreshment Carts, Cycles
and Portable Display Units services, promote accountability, ensure consistency and support
proper and good business practices;
AND WHEREAS the Council of the City of Mississauga considers it desirable and
necessary to license, regulate or govern Refreshment Carts and Cycles and Portable Display
Units for the purpose of Nuisance Control to promote professional behaviour, fair dealing
amongst participants in the industry, ensure courteous treatment, and limit or mitigate
unsightliness, unnecessary noise, nuisance or disruption for clients of Refreshment Carts and
Cycles and Portable Display Units, and the general public;
NOW THEREFORE a public meeting was held on December 8th,2004, at which time a
report entitled The New Vendors By-law, relating to the licensing of the business presented and
considered;
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NOW THEREFORE the Council of the Corporation of the City of Mississauga ENACTS
the following:
DEFINITIONS
1.
In this By-law:
"Appeal Tribunal" Deleted by By-law 0051-2023. (0196-2008)
"Articles for Sale" means goods, wares, merchandise, products, refreshments, foodstuffs or
flowers held by a Person for subsequent sale to another Person;
"Artisan" means an artist or craft person selling goods, wares, merchandise, products,
refreshments, foodstuffs or flowers that they have created or distributing art or craft products
created by someone else irrespective of source of base material or business tax status of the
artist or craft person; (0132-2023)
"Cart" means a moveable device equipped with a wheel(s) used for dispensing goods but does
not include a motorized vehicle;
"City" means The Corporation of the City of Mississauga and its physical boundaries as
described in the Regional Municipality of Peel Act, R.S.O. 1990, c.R.15, as amended;
"Corporation" means The Corporation of the City of Mississauga;
"Council" means the Council of The Corporation of the City of Mississauga;
"Cycle" means a tricycle or bicycle type vehicle;
"Designated Location" means an area or site approved by the City for the purpose of vending;
"Inspector" means an inspection officer duly appointed by Council;
"Licence" means the certificate issued under this By-law as proof of licensing under this By-
law;
"Licence Manager" means the Manager of the Mobile Licensing and Enforcement Section of
the City's Enforcement Division and includes his or her designates. (196-08)
"Licensed" means licensed under this By-law;
"Licensing Section" means the Vehicle Licensing Section of the Corporation's Enforcement
Division;
"Licence Renewal Sticker" means the coloured consecutively numbered Sticker issued with
the renewal of the Owner's Licence, to be attached to the Owner's Plate. The Sticker indicates
the expiry year of the Owner's Licence;
"Licence Sticker" means the stamp or seal issued to an Owner under this by law;
"Location" means any area or site chosen by an applicant for the purpose of vending;
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"Operator" means any Person who Sells or offers for sale by retail, or displays, places or
exposes for the purpose of sale by retail any goods, wares. Merchandise, products,
refreshments, foodstuffs or flowers from a Portable Display Unit or Refreshment Cart;
"Owner" means the Owner of a Refreshment Cycle, Refreshment Cart or Portable Display Unit
licensed under this By-law;
"Owner's plate" means a numbered plate issued to an Owner licensed under this By-law;
"Person" includes a firm, Corporation, association, or partnership;
"Portable Display Unit" means a stand, container, Cart, seat, display rack, Cycle, or other
movable display unit but does not include a motorized vehicle, used for the purpose of sales by
retail from which goods, wares, merchandise, products, refreshments, foodstuffs or flowers are
offered for sale by retail, sold, displayed for sale, or placed or exposed for sale and where the
exchange of money for the Articles for Sale is intended to take place at the Designation
Location;
"Refreshment Cart" means a mobile Cart used to Sell Refreshments including but not limited
to hot dogs, sausages, roasted nuts, candied apples, candy floss and beverages, to the public;
"Refreshment Cycle" means a Cycle used to Sell Refreshments including but not limited to
roasted nuts, candied apples, candy floss and hard ice cream products to the public;
"Sell" includes display for sale, expose for sale and offer for sale;
"Separation Barrier" means either a natural or man made blockade which provides adequate
division between Designation Locations or an existing business Selling similar products to those
of a vendor;
"Special Event" means an Event which is being held either as a community, social, sporting,
cultural group celebration, grand opening of a commercial business or other similar event with
such Special Event being acceptable to the Licence Manager and shall include temporary
farmer's markets; (0132-2015)
"Special Event Coordinator" means the organizer and/or coordinator of a Special Event;
(0132-2015)
"Special Event Vendor" means a person that is licensed as an owner or operator of Portable
Display Unit, Refreshment Cart or Refreshment Cycle by the City of Mississauga or another
municipality in Ontario, that is participating in a Special Event as further set out according to the
list of vendors provided by a Special Event Coordinator to the Licence Manager. (0132-2015)
LICENSING REQUIREMENT
2.
(1)
Every Person who Sells or offers for sale by retail, displays or exposes for sale
any goods, wares, merchandise, products, refreshments, food stuffs or flowers
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must do so from a Portable Display Unit, Refreshment Cart or Refreshment
Cycle.
(2)
Every Owner of a Portable Display Unit, Refreshment Cart or Refreshment Cycle
shall be licensed as an Owner under the provisions of this By-law prior to
engaging in such business in the City.
(3)
Every Operator of a Portable Display Unit or Refreshment Cart shall be licensed
as an Operator under the provisions of this By-law prior to engaging in such
business in the City.
3.
A Person who is the Owner of more than one Portable Display Unit, Refreshment Cart or
Refreshment Cycle shall take out a separate Licence for each Portable Display Unit,
Refreshment Cart or Refreshment Cycle Owner by him which is to be used in the City.
4.
(1)
A Licence is not required under this By-law in respect to Portable Display Unit or
Refreshment Cart if the Articles for Sale are hawked, peddled or sold:
(a)
to wholesale or retail dealers in similar goods, wares or merchandise; or
(b)
if the goods, wares or merchandise are grown, produced or manufactured
in Ontario and are hawked, peddled or sold by the grower, producer or
manufacturer or his agent or employee having written authority to do so,
in the municipality in which the grower, producer or manufacturer resides;
or
(c)
if the goods, wares or merchandise are grown or produced by a farmer
resident in Ontario who offers for sale or Sells only the produce of his own
farm; or
(d)
if the goods, wares or merchandise are hawked, peddled or sold by an
agent of the grower, producer or manufacturer, acting on behalf of a
dealer who pays business tax in the municipality in respect of premises
used for the sale of such goods, wares or merchandise; or
(e)
by Persons who Sell milk or cream or fluid milk products to the consumer
or to any Person for resale; or
(f)
if the goods, wares or merchandise are hawked, peddled or sold by a
Person who pays business tax in the municipality or by his employee, or
by his agent; or (0132-2023)
(g)
if the goods, wares, merchandise, products, refreshments, foodstuffs or
flowers are hawked, peddled or sold by an Artisan at a Licensed Special
Event. (0132-2023)
5.
Those Owners and Operators exempted from obtaining a Licence under Section 4 shall
comply with all other provisions of this By-law.
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REPRESENTATION
6.
No Person shall publish or cause to be published any representation that he is licensed
under this By-law if he is not.
ADMINISTRATION
7.
The Licensing Section shall:
(1)
receive and process all applications for Licenses and for renewal of Licenses;
(0196-2008)
(2)
issue all Licenses when an application is made in accordance with the provision
of this By-law and attached Schedules, and meets all requirements under this
By-law and attached Schedules; (0196-2008)
(3)
impose terms and conditions where the Licence Manager is of the opinion that a
term or condition of a licence should be imposed; (0196-2008)
(4)
refuse to issue, renew a Licence or revoke or suspend a Licence, where the
Licence Manager is of the opinion that the Applicant is disentitled to a Licence
under Section 13; (0196-2008)
(5)
maintain complete records showing all applications received and licences issued;
(0196-2008)
(6)
enforce the provisions of this By-law and attached Schedules; and
(7)
generally perform all the administrative functions conferred upon it by this By-law
and the attached Schedules. (0196-2008)
LICENCE
8.
(1)
No Person shall be Licensed under this By-law unless (s)he: (0115-2017)
(a)
is at least fifteen (15) years of age; and
(b)
is a citizen of Canada or a landed Immigrant, or has a valid employment
authorization issued by the Government of Canada.
(2)
The provisions of Subsection (1) do not apply to a Corporation.
(3)
No Person shall be Licensed under this By-law as an Operator unless:
(a)
he files a letter with the Licensing Section from an Owner Licensed under
this By-law stating that the Owner is prepared to employ the applicant;
(b)
he files a certificate prepared by a duly qualified medical practitioner
which states that the applicant is fit and free from communicable
diseases; and
(c)
he has his photograph taken by the Licensing Section.
(4)
The provisions of subsection 3(b) do not apply to an applicant who will not be
vending products which require cooking or reheating.
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(5)
No Person shall be Licensed as an Owner of a Portable Display Unit or
Refreshment Cart unless:
(a)
a letter of authorization including the following information from the
property Owner is produced and filed with the Licensing Section:
(i)
the name of the Portable Display Unit or Refreshment Cart Owner
for which the approval is granted;
(ii)
a plan of the private property showing the Designation Location on
the property where the Selling from the Portable Display Unit or
Refreshment Cart will take place;
(iii)
a list of Articles for Sale from the Portable Display Unit or
Refreshment Cart; and
(iv)
the hours and terms of operation;
(b)
the Designation Location referred to in (ii) above shall only be approved
where:
(i)
the Designation Location is not within thirty (30) metres (98 feet)
of any intersection;
(ii)
the Designation Location is not within one hundred (100) metres
(328 feet) of the entrance to any public park;
(iii)
the Designation Location is not within one hundred (100) metres
(328 feet) of the property line of any land occupied by a public,
separate or private school between the hours of 8:00 a.m. or 5:00
p.m. on any regular school day;
(iv)
the Designation Location is not within five hundred (500) metres
(1,640 feet) of another approved Designation Location except
where there is a Separation Barrier;
(v)
the Designation Location is not within five hundred (500) metres
(1,640 feet) of a business which Sells to the public products
similar to those proposed where such business is in operation at
the time the original Licence issued under this By-law is approved
except where there is a Separation Barrier; and
(vi)
the Operation of the Portable Display Unit or Refreshment Cart
does not have an adverse effect on vehicular traffic;
(c)
a letter from the Planning and Building Department or a decision of the
Committee of Adjustment that is final and binding as appropriate
indicating the zoning approval for the type of business to be conducted is
produced and filed with the Licensing Section;
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(d)
a copy of the current certificate of insurance for the Portable Display Unit
or Refreshment Cart for which the applicant is the Owner is produced and
filed with the Licensing Section and the insurance policy shall provide:
(i)
an endorsement to provide the Licence Manager with at least ten
(10) days notice in writing of the cancellation or expiration of the
policy, or of a variation in the amount of the policy; and
(ii)
general liability insurance for each Portable Display Unit or
Refreshment Cart in the amount of at least two million dollars
($2,000,000) exclusive of interests and costs against liability
resulting from bodily injury to or the death of one or more persons
and loss or damage to property;
(e)
the Portable Display Unit or Refreshment Cart is submitted for inspection
and is approved; and
(f)
the approval from the Peel Regional Health Unit for the Portable Display
Unit, or Refreshment Cart if applicable is submitted to the Licensing
Section.
(6)
the provisions of subsection 5(a), 5(b) and 5(c) do not apply to an applicant
approved to operate in a park;
(7)
no Person shall be licensed as an Owner of a Refreshment Cycle unless:
(a)
a copy of the current certificate of insurance for each Refreshment Cycle
for which the applicant is the Owner is produced and filed with the
Licensing Section and the insurance policy shall provide:
(i)
an endorsement to provide the Licence Manager with at least ten
(10) days notice in writing of the cancellation or expiration of the
policy, or of a variation in the amount of the policy; and
(ii)
general liability insurance for each Refreshment Cycle in the
amount of at least two million ($2,000,000) exclusive of interests
and costs against liability resulting from bodily injury to or the
death of one or more persons and loss or damage to property;
(b)
the Refreshment Cycle is presented to the Licensing Section for
Inspections and is approved; and
(c)
an approval from the Peel Regional Health Unit for the Refreshment
Cycle is produced and filed with the Licensing Section.
Submission of Application to Licensing Section
9.
(1)
Every Person applying to obtain or renew a Licence under this By-law shall file
with the Licensing Section a duly completed application form provided by the
Licensing Section, in which the applicant shall provide all information sought on
such application form.
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(2)
The application form shall be accompanied by the letter referred to in Section
8(5)(a) if applicable.
(3)
The applicant shall, at the time of the filing of the application form required under
Subsection (1), deliver to the Licensing Section the following:
(a)
a non-refundable Location inspection fee as prescribed in the applicable
City User Fees and Charges By-law; (0251-2021)
(b)
a non-refundable payment in the amount of ten (10%) percent of the total
Licence fee prescribed in Schedule 1 to this By-law. The minimum
payment due at the time of filing a Licence application shall be ten dollars
($10.00). The maximum payment due at the time of filing a Licence
application shall be one hundred and fifty dollars ($150.00);
(c)
the balance of the fee prescribed in the applicable City User Fees and
Charges By-law; that is the total Licence fee minus the deposit made at
the time of filing the Licence application, shall become due and payable
prior to the issuance of the Licence; (0251-2021)
(d)
if the applicant is a Corporation, a copy of the incorporating document
and a copy of the last annual information return filed; and
(e)
if the applicant is a partnership, a list of the names and home addresses
of the partners, and if a registered partnership, a copy of the registered
declaration of partnership.
(4)
Every application form shall include a requirement that the applicant provide at
least the following information:
(a)
the name and address of the applicant;
(b)
the address of the applicant and of the intended licensee, to which the
City or its Licensing Section may send or deliver any notice or other
document required or authorized by law;
(c)
any trade or business description to be used in relation to the business;
(d)
the telephone number used in connection with such business; and
(e)
a record of all offences, other than offences relating to motor vehicles,
under any by-law, provincial statute or federal statute in respect of which
the applicant, if the applicant is an individual, and of the partners, if the
applicant is a partnership, or of any director of the Corporation, if the
applicant is a Corporation have been convicted.
(5)
In addition to the provisions of Subsection (1) for any application for renewal of a
Licence the previous year's Licence and, when required by the Licence Manager,
the Owner's Plate, shall be returned to the Licensing Section.
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10.
(1)
If the applicant is not an individual, the application form shall be completed and
updated from time to time as this By-law requires, by an individual duly
authorized by the applicant to execute such form on behalf of the applicant and
binding upon it, and the individual completing such form shall sign the form,
certifying the truth and completeness of the information provided therein.
(2)
The provisions of this By-law relating to an application for a Licence shall apply,
with necessary modifications, to an application for the renewal of a Licence or to
amend a Licence or a condition of such Licence, except that where the applicant
notifies the Licensing Section that the information on file with the Licensing
Section has not changed, the applicant shall not be required to complete a new
application form or amendment thereto in respect of an application for renewal.
THE LICENCE MANAGER'S POWER TO REFUSE TO ISSUE, RENEW A LICENCE OR
REVOKE OR SUSPEND A LICENCE
11.
(1)
The powers and authority to refuse to issue or renew a Licence, to cancel,
revoke or suspend a Licence or to impose terms and conditions on a Licence,
are hereby delegated to the Licence Manager and his or her delegates. (0196-
2008)
(2)
Where the Licence Manager is of the opinion that; (0196-2008)
(a)
an application for a licence or renewal of a licence should be refused,
(b)
a reinstatement should not be made,
(c)
a licence should be revoked,
(d)
a licence should be suspended, or
(e)
a term or condition of a licence should be imposed,
he or she shall make that decision
12.
(1)
After a decision is made by the Licence Manager, written notice of that decision
shall be given to the Applicant or Licensee advising the Applicant or Licensee of
the Licence Manager's decision with respect to the application or licence. (0196-
2008)
(2)
The written notice to be given under subsection (1) shall: (0196-2008)
(a)
set out the grounds for the decision;
(b)
give reasonable particulars of the grounds;
(c)
be signed by the Licence Manager; and
(d)
indicate the final date for giving notice of appeal from the decision. (0196-
2008, 0251-2021, 0051-2023)
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(3)
Deleted by By-law 0051-2023. (0196-2008)
(4)
Deleted by By-law 0051-2023. (0152-2014)
13.
(1)
An applicant for a Licence who complies with the provisions of this By-law is,
subject to the provisions of this By-law, entitled to be issued a Licence, except
where:
(a)
there are reasonable grounds for belief that any application or other
document provided to the Licensing Section by or on behalf of the
applicant contains a false statement or provides false information; or
(b)
the past or present conduct of the applicant, or of any partner, in the case
of an applicant which is a partnership, or of any director of the
Corporation, if the applicant is a Corporation, affords reasonable grounds
for belief that the business in respect of which the application is made will
not be carried on in accordance with the law and with integrity and
honesty; or
(c)
there are reasonable grounds for belief that the carrying on of the said
business will result in a breach of this By-law or any other law, including
any applicable zoning requirement; or
(d)
the financial position of the applicant affords reasonable grounds to
believe that the business will no be carried on in a financially responsible
manner; or
(e)
there are reasonable grounds for belief that the application does not meet
all the requirements of this By-law, or that the business is carried on or
intended to be carried on in an area of the City where such business is
prohibited by this By-law from being carried on, or in respect of which the
issuing of a Licence in respect of the business is not permitted by this By-
law; or
(f)
the conduct of the applicant or of one or more of the persons referred to
in paragraph (2) of this section affords reasonable grounds for belief that
the carrying on of the business in respect of which the Licence is sought
would infringe the rights, or endanger the health or safety, of one or more
members of the public; or
(g)
the amount payable in respect of the Licence applied for has not been
paid;
(h)
the applicant has failed to pay the fine or fines imposed by a court as a
sentence arising from convictions for breach of a By-law enacted by the
City.
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APPEAL (0051-2023)
14.
(1)
An Applicant or Licensee who has been served with notice of a decision under
subsection 12(1) may appeal to the Mississauga Appeals and Property
Standards Committee by sending a notice of appeal to the Committee
Coordinator within 7 days after being served with notice of the decision and
paying the appeal fee as set out in the User Fees and Charges By-law 0244-
2022. (0196-2008, 0051-2023)
(2)
A decision that is not appealed within the time referred to in subsection (1) shall
be final. (0196-2008, 0051-2023)
(3)
An appeal under subsection (1) shall be commenced by a notice of appeal in
such form as is required by the rules of the Mississauga Appeals and Property
Standards Committee or if no such rule applies, in a written form setting out the
reasons for the appeal. (0196-2008, 0051-2023)
(4)
Deleted by By-law 0051-2023. (0196-2008)
15.
No person shall be permitted to re-apply for the Licence or a renewal of a Licence within
one year after the date of the Licence Manager's decision to refuse to issue, renew or
revoke a Licence pursuant to this by-law, or if such decision was appealed and the
decision was upheld on appeal, from the date of the decision on the appeal. (0196-2008,
0051-2023)
16.
Repealed by By-law 0196-2008.
ISSUANCE AND TERMS OF LICENCES
17.
Every Licence issued to an Owner or an Operator, shall be valid for a period of one year
effective from the first (1st) day of May up to and including the last day of April of the
following year.
18.
A Licence issued under this By-law is personal to the licensee, and cannot be
transferred.
19.
The rights granted by a Owner's Licence issued under this By-law apply only to the
Designation Location for which the Licence is issued.
20.
Where a completed application form for the renewal of a Licence is not submitted to the
Licensing Section within thirty (30) days of the expiry date, the applicant shall be
required to submit a new application together with the application fee for an original
Licence.
21.
Where a Licence has been revoked, the licensee is entitled to a refund of a part of the
Licence fee proportionate to the unexpired part of the term for which it was granted.
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NOTICE
22.
(1)
Any notice required to be given under this By-law is sufficiently given if delivered
personally or sent by registered mail addresses to the Person to whom delivery is
required to be made at the last address for delivery appearing on the records of
the Licence Manager.
(2)
Where service is effected by registered mail, it shall be deemed to be made on
the seventh day after the date of mailing, unless the Person on whom service is
being made establishes that he did not, acting in good faith, through absence,
accident, illness or other cause beyond his control, receive the notice or order
until a later date.
CHANGES IN INFORMATION
23.
(1)
Every licensee shall notify the Licensing Section in writing within seven days after
the event, of any change in any of the information contained in the application
form.
(2)
Where a change has occurred in the name or business name of a licensee, the
licensee shall attend within seven days of the date of the change at the office of
the Licensing Section, to have the Licence and Licence records amended
accordingly.
RENEWAL OF LICENCE
24.
(1)
Every application for renewal of an Operator's Licence, or an Owner's Licence
must be delivered to the Licensing Section before the expiry of the term of
Licence.
(2)
Where an Operator's Licence is renewable, the Licence Manager shall issue a
Licence which shall set out the expiry date of the Licence and the Operator's
Licence is thereby renewed.
(3)
Where an Owner's Licence is renewable, the Licence Manager shall issue a
Licence and an Owner's plate or if applicable a Licence Sticker all of which shall
set out the expiry date of the Licence and the Owner's Licence is thereby
renewed.
(4)
No Licence may be renewed more than thirty (30) days after the date upon which
it expires.
RETURN OF THE LICENCE AFTER REVOCATION OR SUSPENSION
25.
(1)
When a Licence has been revoked, deemed unrenewable, cancelled or
suspended, the older of the Licence shall return the Licence to the Licensing Unit
within twenty four (24) hours of service of written notice of the decision of the
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Licence Manager or, where an appeal has been filed, the decision on appeal,
and the Licence Manager may enter upon the business Premises of the Licensee
for the purpose of receiving, taking, or removing the said Licence. (0196-2008,
0051-2023)
(2)
When a Person has had his or her Licence revoked or suspended under this By-
law, he or she shall not refuse to deliver up or in any way obstruct or prevent the
Licence Manager from obtaining the Licence in accordance with subsection (1).
(0196-2008).
RIGHT OF INSPECTION
26.
(1)
An Inspector or the Licence Manager may at any reasonable time inspect the
licensee to ensure that the provisions of this By-law have been complied with,
and an Inspector on completion of an inspection shall complete and file with the
Licence Manager a written report on the inspection.
(2)
Upon an inspection under Subsection (1), the Person inspecting is entitled
access to the invoices, vouchers, or like documents of the Person being
inspected provided such documents are relevant for the purposes of the
inspection and the Person inspecting may remove with the licensee's consent
any of the aforementioned documents for the purpose of photocopying provided
a receipt is given the licensee and the documents are returned to the licensee
within forty-eight (48) hours of removal.
PORTABLE DISPLAY UNIT, REFRESHMENT CART OF REFRESHMENT CYCLE
INSPECTION
27.
(1)
The Licence Manager may require an Owner to submit his Portable Display Unit,
Refreshment Cycle or Refreshment Cart for inspection at any time and at an
appointed place and the Owner shall submit each for inspection when required to
do so by the Licence Manager.
(2)
When a Portable Display Unit, Refreshment Cycle or Refreshment Cart and its
equipment have been examined by the Peel Regional Health Unit or other
inspecting authority and the equipment is found to be defective, the Portable
Display Unit, Refreshment Cycle or Refreshment Cart Owner shall not operate
the Portable Display Unit, Refreshment Cycle or Refreshment Cart or permit it to
be operated until the Portable Display Unit, Refreshment Cycle or Refreshment
Cart has been reinspected and approved by the Peel Regional Health Unit or
other inspecting authority.
(3)
When a Portable Display Unit, Refreshment Cycle or Refreshment Cart is
examined by an inspection authority and a report states that the Portable Display
Unit, Refreshment Cycle or Refreshment Cart or equipment is dangerous or
unsafe, the Owner shall remove and return to the Licence Manager the Owner's
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plate to be held until the Portable Display Unit, Refreshment Cycle, Refreshment
Cart are certified to be safe by an inspecting authority.
(4)
When an Owner is unable to obtain an approval for the Portable Display Unit,
Refreshment Cycle or Refreshment Cart following an inspection as required
under Subsection 1, the Owner shall remove and return to the Licence Manager
the Owner's plate and the Owner shall not operate the Portable Display Unit,
Refreshment Cycle or Refreshment Cart until he obtains and produces an
approved inspection report.
LICENCE PRODUCTION
28.
Every Person licensed under this By-law, when requested by an Inspector, the Licence
Manager or a Peace Officer shall produce his Licence, photograph and other relevant
documents required under this By-law.
OWNERS AND OPERATORS
29.
(1)
Every Owner and Operator shall:
(a)
be civil and behave courteously;
(b)
keep the exterior of the Portable Display Unit, Refreshment Cart or
Refreshment Cycle clean, in good repair and free from exterior damage;
(c)
keep the interior, where applicable, of the Portable Display Unit,
Refreshment Cart or Refreshment Cycle clean, and in good repair;
(d)
only Operate the Portable Display Unit or Refreshment Cart at the
approved Designation Location for that Portable Display Unit or
Refreshment Cart;
(e)
Sell only those items which were authorized through the issuance of a
Licence for each Portable Display Unit, Refreshment Cart or Refreshment
Cycle;
(f)
ensure that the Portable Display Unit, Refreshment Cart or Refreshment
Cycle is equipped with a portable litter basket or refuse container which is
readily accessible to Persons making purchases;
(g)
ensure all equipment used for dispensing refreshments are kept in a
clean and sanitary condition;
(h)
ensure condiments are only dispensed from containers approved by the
Peel Regional Health Unit;
(i)
only operate a Portable Display Unit, Refreshment Cart or Refreshment
Cycle for which a Licence has been issued;
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(j)
attach the Owner's plate to the Portable Display Unit, Refreshment Cart
or Refreshment Cycle for which it was issued in a manner and position
approved by the Licence Manager;
(k)
attach the Licence Renewal Sticker to the Owner's Plate; and
(l)
only use single service disposable cups, plates, forks, spoons and
serviettes which are individually wrapped or provided in dispensers
approved by the Peel Regional Health Unit.
OWNER AND OPERATOR PROHIBITIONS
30.
(1)
No Owner or Operator shall:
(a)
offer for sale, any articles which are not approved under the Licence
issued;
(b)
operate a Portable Display Unit, Refreshment Cart or Refreshment Cycle
which is not licensed under this By-law;
(c)
operate the licensed Portable Display Unit or Refreshment Cart anywhere
but the Designation Location for that Portable Display Unit or
Refreshment Cart;
(d)
operate a Portable Display Unit or Refreshment Cart in a City park
without written approval from the City;
(e)
operate a Portable Display Unit or Refreshment Cart in any area in a City
park other than at the Designation Location approved by the City; or
(f)
operate a Portable Display Unit or Refreshment Cart in a City park or on
private property where permission of the property Owner to use the
property has been cancelled or revoked and the Owner's Licence shall be
returned to the Licence Manager within 24 hours of such revocation or
cancellation.
30A
This section was deleted by By-law 0068-2025 effective May 1, 2026.
MOBILE FOOD VENDORS IN PUBLIC SPACES PILOT PROGRAM (0040-2026)
30B
(1)
For the purpose of this Section 30B, the following terms have the following
meanings:
"Mobile Licence" means a licence issued under the City's Ice Cream Truck
Vendors By-law 0523-2004, as amended, the Vehicle Licensing By-law 0520-
2004, as amended, or the Vendors' By-law 0522-2004, as amended; and
"Pilot Program" means the Mobile Food Vendors in Public Spaces Pilot Program,
a program whereby food vendors with a valid Mobile Licence shall be permitted
to vend in public places consisting of designated paid on-street parking and
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designated City parks during the period of May 1, 2026 to April 30, 2027, subject
to certain requirements as set out in the applicable City by-laws, including
Section 30B of this by-law.
(2)
Notwithstanding subsections 29(1)(d), 30(1)(c), 30(1)(d) and 30(1)(f) of this By-
law, for the duration of the Pilot Program, Owners and Operators may operate a
licensed Portable Display Unit or Refreshment Cart in a City park in accordance
with the requirements set out in Parks By-law 0197-2020, as amended.
For the purposes of this Section 30B, "Portable Display Unit" shall be as defined
in Vendors' By-law 0522-2004, except that it shall apply to Portable Display Units
offering only refreshments and foodstuffs for sale.
(3)
For the duration of the Pilot Program, an Owner or Operator licensed under this
by-law shall not stop to Sell any Articles for Sale within the boundaries of the
Clarkson Business Improvement Area as shown in Schedule "A" of By-law 0909-
1989, as amended, the Cooksville Business Improvement Area as shown in
Schedule "A" of By-law 0034-2020, the Malton Business Improvement Area as
shown in Schedule "A" of By-law 0259-2012, the Port Credit Business
Improvement Area, as shown in Schedule "A" of By-law 0227-2020 or the
Streetsville Business Improvement Area as described in Schedule "A" of By-law
0839-1979, as amended.
(4)
This Section 30B shall be in force and effect until 11:59 p.m. on April 30, 2027
and shall be deleted from this by-law effective May 1, 2027.
OWNERS DUTIES
31.
Every licensed Portable Display Unit or Refreshment Cart Owner shall use only the
services of an Operator who is licensed as an Operator under this By-law.
32.
In addition to the General Owner's duties in this By-law, every Owner of a Refreshment
Cart or Refreshment Cycle shall have attached to or painted on one side of the
Refreshment Cart and Refreshment Cycle in a Location approved by the Licence
Manager in letters not less than eight centimetres (approximately three inches) in height,
the Owners name as shown on the Owner's Licence and the number for the Cart when
an Owner owns more than one Refreshment Cart.
OWNERS PROHIBITION
33.
No Owner shall permit any Owner's plate issued to him under this By-law to be affixed to
any Portable Display Unit, Refreshment Cart or Refreshment Cycle other than the one
for which the Licence was issued under this By-law.
OPERATORS DUTIES
34.
(1)
Every Operator shall:
(a)
be properly dressed, neat and clean in personal appearance;
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(b)
clean up any debris, refuse or garbage resulting from the operation of the
Refreshment Cart or Portable Display Unit in the immediate vicinity of the
Designation Location of the Refreshment Cart or Portable Display Unit;
and
(c)
only operate a Portable Display Unit or Refreshment Cart for which a
Licence was issued under this By-law.
REFRESHMENT CYCLE
35.
(1)
No Owner of a Refreshment Cycle shall operate or allow a Refreshment Cycle to
be operated unless:
(a)
the body of the Cycle is of sound construction so as to provide
reasonable protection against dust, dirt, insects and other injurious
matters or things;
(b)
the storage shelves are clean and covered with suitably hard material;
(c)
only single serving individually wrapped items are provided in dispensers
approved by the Peel Regional Health Unit; and
(d)
refrigeration at a temperature no higher than -15 degrees Celsius is
maintained.
36.
(1)
No Owner of a Refreshment Cycle shall operate or allow an individual to operate
a Refreshment Cycle:
(a)
where the refreshments are thawed or partially thawed or products which
have been refrozen;
(b)
between the hours of sunset and sunrise;
(c)
which impedes the flow of vehicular traffic;
(d)
who does not Sell all products in individual disposable containers which
are securely wrapped to the product;
(e)
who is not neat and clean in appearance; or
(f)
who does not act civilly and behave courteously.
37.
No Owner shall allow more than one (1) individual at any one time, to operate a licensed
Refreshment Cycle
NEW OR REPLACEMENT PORTABLE DISPLAY UNIT, REFRESHMENT CART OR
REFRESHMENT CYCLE
38.
(1)
An Owner licensed under this By-law who disposes or otherwise ceases to use
his Portable Display Unit, Refreshment Cart or Refreshment Cycle for the
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purpose permitted under this By-law, shall before using the newly acquired unit,
Cart or Cycle under this By-law:
(a)
submit to the Licence Manager a certificate of approval from the Peel
Regional Health Unit if applicable; and
(b)
produce and file with the Licensing Section a copy of the current
certificate of insurance for the Portable Display Unit, Refreshment Cart or
Refreshment Cycle for which the applicant is the Owner and the policy
shall:
(i)
be endorsed to provide the Licence Manager with at least ten (10)
days notice in writing of the cancellation or expiration of the policy,
or of a variation in the amount of the policy; and
(ii)
general liability insurance for each Portable Display Unit,
Refreshment Cart or Refreshment Cycle, in the amount of at least
two million dollars ($2,000,000) exclusive of interests
and
costs, against liability resulting from bodily injury to or the death of
one or more Persons and loss or damage to property; and
(c)
submit the Portable Display Unit, Refreshment Cart or Refreshment
Cycle, for inspection and approval by the Licence Manager.
SPECIAL EVENT LICENCES
39.
This section has been repealed by By-law 0132-2015.
PENALTY
40.
(1)
Fine - for contravention
Every Person who contravenes any provision of this By-law, and every director or
officer of a Corporation who concurs in such contravention by the Corporation,
guilty of an offence and on conviction is liable to a fine not exceeding $25,000.00.
(2)
Fine - for contravention - Corporation
Despite subsection (1) every Corporation which is convicted of an offence under
the provisions of this By-law is liable to a fine not exceeding $50,000.00.
MEANING
41.
For the purpose of this By-law, where the words "his" or "he" are used they shall also
mean or stand for the words "her", "she" and in the case of a Corporation "it".
SCHEDULES
42.
All schedules referred to in this By-law and attached to this By-law shall be deemed to
be a part of the By-law.
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VALIDITY
43.
If 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 the Council in
enacting this By-law, that each and every other provision of this By-law authorized by
law, be applied and enforced in accordance with the terms to the extent possible
according to law.
REPEAL
44.
By-law 353-94, as amended, is hereby repealed.
SHORT TITLE
45.
This By-law shall be known as the Vendors' By-law.
ENACTED AND PASSED this 15th day of December 2004.
Signed by Nando Iannicca, Acting Mayor and Crystal Greer, City Clerk
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SCHEDULE 1
FEES
(Amended by By-laws 0403-2009, 0132-2015, 0251-2021)
This Schedule has been deleted by By-law 0251-2021.
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SCHEDULE 2
SPECIAL EVENTS
(Amended by By-laws 0132-2015, 0251-2021)
1.
Where a Portable Display Unit, Refreshment Cart or Refreshment Cycle is required to be
used for a Special Event, the Special Event Coordinator shall obtain a Special Event
Licence.
2.
An application for a Special Event Licence shall be completed on the forms provided by
the Licensing Section which shall include, but not be limited to:
(a)
The licensing fee as set out in the applicable City User Fees and Charges By-
law; (0251-2021)
(b)
Proof of insurance which the Special Event Coordinator shall take out and keep
in full force and effect which shall include general liability insurance with respect
to the Special Event against claims for personal injury, death or property damage
or loss, indemnifying and protecting the Special Event Coordinator, their
respective employees, servants, agents, contractors, volunteers, invitees or
licensees; and
(c)
A list of all Special Event Vendors that will be participating in the Special Event
which shall be subject to the approval of the Licence Manager.
3.
Every Special Event Vendor shall:
(a)
Provide a copy of a valid Portable Display Unit, Refreshment Cart or
Refreshment Cycle Owner/Operator Licence or equivalent licence from another
municipality in Ontario to the Special Event Coordinator;
(b)
produce and file with the Special Event Coordinator a copy of a policy of
insurance for each Motor Vehicle to be used and such policy of insurance shall
provide:
(i)
General liability insurance in the amount of at least two million dollars
($2,000,000) for each Motor Vehicle to be used against claims for
personal injury, death or property damage or loss, indemnifying and
protecting the Special Event Vendor, their respective employees,
servants, agents, contractors, volunteers, invitees or licensees
(c)
Be civil and behave courteously;
(d)
Be properly dressed, neat and clean in personal appearance;
(e)
Keep the Portable Display Unit, Refreshment Cart or Refreshment Cycle clean,
in good repair and free from damage;
(f)
Only Operate the Portable Display Unit or Refreshment Cart at the approved
Designation Location for that Portable Display Unit or Refreshment Cart;
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(g)
Sell only those items which were authorized as filed with the Special Event
Coordinator and approved by the Licence Manager;
(h)
Ensure that the Portable Display Unit, Refreshment Cart or Refreshment Cycle is
equipped with a portable litter basket or refuse container which is readily
accessible to Persons making purchases;
(i)
Ensure all equipment used for dispensing refreshments are kept in a clean and
sanitary condition;
(j)
Ensure condiments are only dispensed from containers approved by the Peel
Regional Health Unit or equivalent health agency;
(k)
Only use single service disposable cups, plates, forks, spoons and serviettes
which are individually wrapped or provided in dispensers approved by the Peel
Regional Health Unit or equivalent health agency; and
(l)
Clean up any debris, refuse or garbage resulting from the operation of the
Refreshment Cart or Portable Display Unit in the immediate vicinity of the
Designation Location of the Refreshment Cart or Portable Display Unit.
4.
Every Special Event Coordinator shall ensure that all Special Event Vendors comply with
section 3 of this Schedule "2".
5.
Notwithstanding the requirements set out in section 3 of this Schedule "2", all Portable
Display Unit, Refreshment Cart or Refreshment Cycle Owners/Operators that are
licensed by the City of Mississauga that are participating in Special Events shall comply
with all requirements in this By-law.
6.
Notwithstanding the requirements set out in section 3 of this Schedule "2", Special Event
Vendors that are not licensed by the City of Mississauga shall comply with all other
provisions of this By-law as deemed appropriate by the Licence Manager.
7.
The Special Event Licence issued under this Schedule "2" shall only be valid for the
date(s) and location listed on the Licence.