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THE CORPORATION OF THE CITY OF MISSISSAUGA
Ice Cream Truck Vendors
By-law 0523-2004
(Amended by By-laws 0198-2008, 0406-2009, 0313-2011, 0152-2014, 0131-2015, 0251-
2021, 0051-2023, 0068-2025, 0040-2026)
WHEREAS section 150 of the Municipal Act, 2001 S.O. 2001, c.25, provides that a
local municipality may Licence, 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 the City of Mississauga Act, 1994 enables Council of The
Corporation of the City of Mississauga to pass by-laws regulating or prohibiting the Selling,
offering to Sell or displaying any goods, merchandise, products, refreshments, foodstuffs or
flowers on public Highways over which the Corporation has jurisdiction;
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 Owners and Drivers of Ice Cream Trucks for the
purposes of Health and Safety, to enhance and encourage safe maintenance and
operational practices for Drivers and Owners, ensure experienced and qualified Drivers are
providing services 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 Owners and Drivers of Ice Cream Trucks for the
purposes of Consumer Protection, to enhance and encourage equal, fair and courteous
treatment of customers;
AND WHEREAS the Council of the City of Mississauga considers it desirable and
necessary to license, regulate and govern Owners and Drivers of Ice Cream Trucks for the
purposes of Nuisance Control to promote professional behavior, fair dealing amongst
participants in the industry, ensure courteous treatment, and limit or mitigate unsightliness,
unnecessary noise, nuisance or disruption for passengers, Drivers, Owners and the general
public;
AND WHEREAS a public meeting was held on December 8, 2004 at which time a
report entitled Vehicle Licensing By-laws relating to the licensing of the business was
presented and considered;
AND WHEREAS the Council of The Corporation of the City of Mississauga is
desirous of enacting such by-laws;
NOW THEREFORE the Council of The Corporation of the City of Mississauga
ENACTS as follows:
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DEFINITIONS
1.
In this by-law:
"Appeal Tribunal" Deleted by By-law 0051-2023. (0198-2008)
"Applicant" means a Person who applies for a Licence or for the renewal of a
Licence pursuant to this by-law;
"Articles for Sale" means ice cream, ice cream cones, iced milk or other iced
confection, refreshments or foodstuffs offered for sale by retail;
"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;
"Clerk" means the Clerk of The Corporation of the City of Mississauga or her duly
appointed Deputy;
"Council" means the Council of The Corporation of the City of Mississauga;
"Driver" means any Person who drives or operates an Ice Cream Truck;
"Driver's Licence" means the Licence issued under this By-law to a Driver of an Ice
Cream Truck;
"Highway" means a common and public Highway, street, 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;
"Ice Cream Truck" means a Motor Vehicle from which Articles for Sale are sold or
offered for sale to the public;
"Inspecting Authority" means the Ministry of Transportation, Peel Regional Police
Services, the Ministry of Environment, Medical Officer of Health or an Inspector;
"Inspector" means an inspection officer duly appointed by Council;
"Licence" means a Driver's Licence, Owner's Licence or Special Event Licence
issued 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. (0198-
2008)
"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;
"Licensee" means a Person licensed as a Driver or Owner or in receipt of a Special
Event Licence under this By-law;
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"Licensing Section" means the Mobile Licensing and Enforcement Section of the
City's Enforcement Division. (0198-2008)
"Medical Officer of Health" means the Medical Officer of Health for the Regional
Municipality of Peel, duly appointed under the Health Protection and Promotion Act,
R.S.O. 1990, c.H.7, as amended, and includes any staff official acting on his behalf;
"Motor Vehicle" includes an automobile, truck, trailer, motorcycle and any other
vehicle propelled or driven otherwise than by muscular power but does not include a
motorized snow vehicle or motor-assisted vehicle;
"Owner" means the Person certified as the Owner of an Ice Cream Truck by the
Registrar of Vehicles for the Province of Ontario or a Person who is a lessee of an Ice
Cream Truck pursuant to a written lease agreement with the Owner of the Ice Cream
Truck;
"Owner's Licence" means the Licence issued under this By-law to the Owner of an
Ice Cream Truck;
"Owner's Plate" means a numbered plate issued to an Owner licensed under this
By-law;
"Permit" means a Permit within the meaning of, and issued pursuant to, the Parks
By-law 277-96 as amended;
"Person" includes a corporation and its directors and officers, and the heirs,
executors, and administrators or other legal representatives of an individual and their
respective successors and assignees;
"Safety Standards Certificate" means a Safety Standards Certificate issued by the
Ministry of Transportation pursuant to the Highway Traffic Act and Regulations
thereunder certifying that a Motor Vehicle has been inspected in accordance with the
provisions of the Highway Traffic Act and that the Motor Vehicle meets the
prescribed standard on the date of inspection;
"Sell" includes display for sale, expose for sale and offer for sale Articles for Sale to
the public, and ASelling@ shall have the corresponding meaning;
"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 event being acceptable to the Licence Manager and shall
include temporary farmer's markets; (0131-2015)
"Special Event Coordinator" means the organizer and/or coordinator of a Special
Event; (0131-2015)
"Special Event Vendor" means a person that is licensed as an owner or operator of
an Ice Cream Truck by the City of Mississauga or another municipality in Ontario, that
is participating in a Special Event as further set out by the list of vendors provided by
a Special Event Coordinator to the Licence Manager. (0131-2015)
LICENSING REQUIRED
2.
(1)
No Owner of an Ice Cream Truck shall operate or Permit the operation or use
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of the Ice Cream Truck in the City unless the Owner obtains an Owner's
Licence under this by-law.
(2)
No Person shall drive or operate as the Driver of an Ice Cream Truck for the
purpose of Selling Articles for Sale unless they obtain a Driver's Licence under
this By-law.
(3)
No Person who is the Owner of more than one Ice Cream Truck shall require
a separate Owner's Licence for each Ice Cream Truck which the Owner
intends to use in the City.
(4)
No Person shall be licensed under this By-law unless they are at least
eighteen (18) years of age and a citizen of Canada, a landed immigrant or has
a valid employment authorization issued by the Government of Canada.
(5)
The issuance of a Licence pursuant to this By-law shall not relieve any Person
from the necessity of acquiring any other Licence, Permit or approval required
for such activity by any governmental or public authority.
REPRESENTATION
3.
No Person shall publish or cause to be published any representation that the Person
is licensed under this By-law if they are not so licensed.
APPLICATION FOR A LICENCE AND FOR RENEWAL OF A LICENCE
4.
(1)
An application for a Licence and an application for the renewal of a Licence
shall be completed on the forms provided by the Licensing Unit.
(2)
Each completed application shall be submitted to the Licensing Unit
accompanied by:
(a)
the fee in the appropriate amount as set out in the applicable City User
Fees and Charges By-law; and (0251-2021)
(b)
if the Applicant is a corporation, a copy of the incorporating document
and a copy of the last annual information return as filed, if any, or if a
registered partnership, a copy of the registered declaration of
partnership.
(3)
Where an application for a Licence or for renewal of a Licence is refused, the
Licence fee shall be fully refunded.
GROUNDS FOR REFUSAL TO LICENCE, RENEW OR REVOKE
5.
(1)
An applicant is entitled to be licenced and a licensee is entitled to have his or
her Licence renewed except where: (0198-2008)
(a)
having regard to the Applicant's financial position the Applicant cannot
reasonably be expected to be financially responsible in the conduct of
their business;
(b)
the past conduct of the Applicant affords reasonable grounds for belief
that the issuance of a Licence would be adverse to the public interest;
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(c)
the Applicant is carrying on activities that are, or will be if licensed, in
contravention of this by-law and the schedules or any other by-law or
statute; or
(d)
the Applicant is in default of payment of any fine or fines which have
been imposed by a court as a sentence arising from a conviction for
breach of a by-law enacted by the City, or arising from a conviction for
breach of a law or regulation.
(2)
Where the Licensee is disentitled to the Licence under section 5, or where the
Licence is revoked, the Licensee is entitled to a refund or part of the Licence
fee proportionate to the unexpired part of the term for which the Licence was
granted. (0198-2008)
6.
Council may revoke or suspend a Licence where the Licensee would be disentitled to
the Licence under Section 5, and where the Licence is revoked, the Licensee is
entitled to a refund or part of the Licence fee proportionate to the unexpired part of
the term for which the Licence was granted.
THE LICENCE MANAGER'S POWER TO REFUSE TO ISSUE, RENEW A LICENCE OR
REVOKE OR SUSPEND A LICENCE
7.
(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. (0198-
2008)
(2)
Where the Licence Manager is of the opinion that: (0198-2008)
(a)
an application for a licence or renewal of a licence should be refused,
(b)
a reinstatement should not be made,
(c)
a term or condition should be imposed,
(d)
a licence should be revoked, or
(e)
a licence should be suspended
he or she shall make that decision
LICENSING UNIT
8.
The Licensing Unit shall;
(1)
receive and process all applications for Licences and for renewal of Licences;
(0198-2008)
(2)
issue all Licences when an application is made in accordance with the
provisions of this By-law and attached Schedules, and meets all requirements
under this By-law and attached Schedules; (0198-2008)
(3)
impose terms and conditions on a Licence where the Licence Manager is of
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the opinion that a term or condition of a licence should be imposed; (0198-
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 5;
(5)
maintain complete records showing all applications received and Licences
issued; (0198-2008)
(6)
Enforce the provision of this By-law and attached Schedules; and (0198-2008)
(7)
generally perform all the administrative functions conferred upon it by this By-
law and the attached schedules. (0198-2008)
ICE CREAM TRUCK INSPECTION
9.
The Licence Manager may require an Owner to submit his Ice Cream Truck for
inspection at any time and at an appointed place and the Owner shall submit each Ice
Cream Truck for inspection when required to do so by the Licence Manager.
10.
Where following an inspection an Inspecting Authority does not approve an Ice
Cream Truck as required under section 9, the Owner shall remove and return to the
Licence Manager the Owner's Plate and the Owner shall not operate the Ice Cream
Truck until the Owner obtains and produces evidence that approval by the applicable
Inspection Authority has been given.
11.
If an Ice Cream Truck and its equipment have been examined by an Inspecting
Authority and the Ice Cream Truck or its equipment is found to be defective, the Ice
Cream Truck Owner shall not operate the Ice Cream Truck or Permit it to be operated
until the Ice Cream Truck or its equipment have been reinspected and approved by
the Licence Manager.
12.
When an Ice Cream Truck is examined by an Inspection Authority and a report states
that the Ice Cream Truck or equipment in the Ice Cream Truck is dangerous or
unsafe, the Owner shall remove and return to the Licence Manager the Owner's Plate
to be held until an Inspection Authority certifies the Ice Cream Truck or its equipment
to be safe.
13.
No Person shall obstruct an Inspecting Authority conducting an inspection, or
withhold, destroy, conceal or refuse to furnish any information or thing required by the
Inspecting Authority for the purpose of the inspection.
DISPLAY OF OWNER'S PLATE
14.
Every Owner shall prominently display the Owner's Plate at the rear of the Ice Cream
Truck in a location approved by the Licence Manager.
LICENCE NON-TRANSFERABLE
15.
A Licence issued under this By-law shall not be transferable.
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CHANGE OF LICENCE
16.
No Person to whom a Licence has been issued under this By-law shall alter, erase or
modify or Permit the alteration, erasure or modification of that Licence or any part
thereof, unless approved by the Licence Manager who has initialled such change.
TERM OF LICENCE
17.
Every Licence issued to a Driver, shall be valid for a period of (1) one year effective
from the first (1st) day of May up to and including the 30th day of April in the following
year.
18.
Where a completed application for the renewal of a Licence is not submitted to the
Licensing Section within thirty (30) days after the expiry date for the current Licence,
the Applicant shall be required to submit a new application together with the
application fee for an original Licence.
CHANGES
19.
(1)
Every Licensee shall notify the Licensing Unit in writing within four (4) days
after,
(a)
any change in the Licensee's business address;
(b)
any change in the number or composition of officers or directors, if the
Licensee is a corporation, or any change in the number or composition
of partners, if the Licensee is a partnership; or
(c)
any change in the Licensee's business name.
(2)
Where a change has occurred and notification has been made in accordance
with subsection (1), and if it is a change of business name or business
address, every Licensee shall attend within four (4) days of the date of
notification at the office of the Licensing Unit and produce the Licensee's
Licence for amendment.
20.
A Licensee shall carry on their business only in the name in which the Licensee is
licensed.
OWNER DUTIES
21.
Every licensed Ice Cream Truck Owner shall use only the services of a Driver who is
licensed under this By-law.
22.
Every licensed Ice Cream Truck Owner shall attach the Owner's Plate to the Ice
Cream Truck for which it was issued in a manner and position approved by the
Licence Manager.
23.
Every licensed Ice Cream Truck Owner shall attach the Licence Renewal Sticker to
the Owner's Plate
24.
Every Owner shall submit to the Licence Manager a certificate of approval for a new
or replacement Ice Cream Truck from the Medical Officer of Health.
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25.
Every Owner shall produce and file with the Licensing Unit a copy of the current
certificate of insurance for a new or replacement Ice Cream Truck and the policy shall
provide;
(a)
an endorsement to provide the Licence Manager with a least ten(10) days
notice in writing of a proposed cancellation or expiration of the insurance
policies, or of a variation in the amount of the policies; and
(b)
general liability insurance in the amount of at least two million dollars
($2,000.000) for each Ice Cream Truck against liability resulting from bodily
injury to or death of one or more Persons, any and all claims associated with
the Selling of Articles for Sale and loss or damage to property.
26.
Every Owner shall produce for each Ice Cream Truck, a current valid Motor Vehicle
Permit issued by the Ministry of Transportation, or if an Ice Cream Truck is a leased
Motor Vehicle, provide a copy of the lease agreement for the Ice Cream Truck.
27.
Every Owner shall produce and file with the Licensing Unit a valid Safety Standards
Certificate.
28.
Every Owner shall submit the Ice Cream Truck for inspection and receive the
approval of the Licence Manager for use of the Ice Cream Truck.
OWNERS PROHIBITION
29.
No Owner shall Permit any Owner's Plate issued to the Owner under this By-law to
be affixed to any Ice Cream Truck other than the one for which the Owner's Licence
was issued.
DRIVER'S DUTIES
30.
No Person shall be licensed as a Driver unless:
(a)
the Person submits to the Licensing Unit evidence that an Owner licensed
under this By-law is prepared to employ the Driver;
(b)
the Person provides proof a current valid Class G Driver's Licence issued by
the Province of Ontario;
(c)
the Person files a certificate prepared by a duly qualified medical practitioner
within one (1) month immediately prior to the application, which states that the
Applicant is fit and free from communicable diseases and medically fit to
perform the duties of a Driver; and
(d)
the Person has their photograph taken by the Licensing Section.
31.
Every Driver licensed under this By-law shall:
(a)
be civil and behave courteously;
(b)
keep the interior of the Ice Cream Truck clean, and in good repair;
(c)
sell only Articles for Sale;
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(d)
ensure all equipment used for dispensing refreshments are kept in a clean
and sanitary condition;
(e)
ensure condiments are only dispensed from containers approved by the Peel
Regional Health Unit;
(f)
only operate an Ice Cream Truck for which a Licence has been issued;
(g)
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;
(h)
clean up any debris, refuse or garbage resulting from the operation of the Ice
Cream Truck in the immediate vicinity of the serving location for the Ice Cream
Truck;
(i)
make a complete safety tour around the Ice Cream Truck and check the mirror
system around the Ice Cream Truck before departing from any stop made for
the purpose of Selling Articles for Sale; and
(j)
refuse to serve any customer standing on a Highway.
DRIVERS' PROHIBITIONS
32.
Every Driver licensed under this By-law shall not;
(a)
operate an Ice Cream Truck which is not licensed under this By-law;
(b)
operate an Ice Cream Truck without the Owner's Plate attached;
(c)
operate an Ice Cream Truck on the Highways of the City;
(d)
operate an Ice Cream Truck in a City park without a Permit;
(e)
operate an Ice Cream Truck on private property without written permission of
the property Owner;
(f)
re-visit the general serving area of a previous service call, within two (2) hours
of the previous serving time;
(g)
stop to Sell within thirty (30 ) metres of any intersection;
(h)
stop to Sell within one hundred (100) metres of an entrance to any public park;
(i)
stop to Sell within one hundred (100) metres of the property line of any land
occupied by a public, separate or private school between the hours of 10:00
a.m. and 5:00 p.m. on any regular school day;
(j)
stop to Sell within five hundred (500) metres of a business that Sells to the
public products similar to those of the Ice Cream Truck vendor;
(k)
stop to Sell any Articles for Sale within the boundaries of the Business
Improvement Areas in the City as defined in Schedule 2;
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(l)
stop for longer than 10 minutes at any one serving location;
(m)
ring bells or chimes or making any other recognizable sounds at any one
location for more than twenty seconds or between the hours of 7 p.m. of one
day and 10 a.m of the next day;
(n)
Permit any Person not licenced under this By-law as a Driver or Owner, to
assist in the driving of the Ice Cream Truck or to assist in or to engage in the
Selling of Articles for Sale from the Ice Cream Truck; and
(o)
operate an Ice Cream Truck between the hours of 10:00 p.m. of one day and
10:00 a.m. of the next day.
33.
The provisions of subsections 32(f), 32(j) and 32(l) do not apply to a Driver with a
Permit, while operating in a public park.
33A
This section was deleted by By-law 0068-2025 effective May 1, 2026.
MOBILE FOOD VENDORS IN PUBLIC SPACES PILOT PROGRAM (0040-2026)
33B
(1)
For the purpose of this Section 33B, 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 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 33B of this By-law.
(2)
Notwithstanding subsection 32(d) of this By-law, for the duration of the Pilot
Program, a Driver licensed under this By-law may operate an Ice Cream Truck
in a City park without a Permit, in accordance with the terms and conditions
set out in Parks By-law 0197-2020, as amended.
(3)
Section 32(o) of this By-law does not apply to a Driver while operating in a
public park, for the duration of the Pilot Program.
(4)
Notwithstanding Section 33 of this By-law, for the duration of the Pilot
Program, the provisions of subsections 32(f), 32(j) and 32(l) do not apply to a
Driver while operating in a public park.
(5)
Notwithstanding Section 32(k) of this By-law, for the duration of the Pilot
Program, a Driver 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
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Area as described in Schedule "A" of By-law 0839-1979, as amended.
(6)
This Section 33B 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.
OWNER AND DRIVER DUTIES
34.
Every Ice Cream Truck shall have:
(a)
attached at the top or near the highest point, at least two amber lights visible
by a Person 1.52 metres in height at a distance of not more than 1.2 metres in
front of or behind the Ice Cream Truck, and the Ice Cream Truck shall be
equipped with a mechanical device causing such amber lights to flash
alternately at all times when the Ice Cream Truck is stopped to Sell Articles for
Sale and such device shall be so operated at all such times;
(b)
conspicuously displayed on the rear, in black letters on a yellow background
the words "WATCH FOR CHILDREN" in letters at least 15 centimetres high
and the vertical width of such yellow background shall be at least 22.8
centimetres;
(c)
a cover over each of its bumpers which shall be on a curve or angle to prevent
a Person from standing, stepping on or hanging from the bumpers;
(d)
a "Mirror System" which makes it possible for the Driver to complete a 360Ε
visual inspection of the area around the Ice Cream Truck;
(e)
body, doors and windows which are of sufficient sound construction to provide
reasonable protection against dust, dirt, flies and other injurious matter or
things;
(f)
a light colour in the interior which shall be repainted or refinished as often as
required by the Licence Manager;
(g)
a floor made of a suitable impervious material, free of holes, cracks or
crevices, and the surface thereof shall be readily washable and shall be kept
clean and in good condition;
(h)
storage shelves painted or consisting of a suitable impervious material;
(i)
all parts and equipment thereof maintained in a clean and sanitary condition
and in good repair;
(j)
a storage area for hard ice cream and related products maintained at a
temperature no higher than -15 degrees Celsius and equipped with an
accurate thermometer;
(k)
hard ice cream and related products maintained in a hard condition in the Ice
Cream Truck at all times and no thawed, or partially thawed products shall be
refrozen, stored or sold from the Ice Cream Truck;
(l)
adequate insulation to prevent fumes from the engine or engines from
reaching the vending and dispensing section of the Ice Cream Truck;
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(m)
a warning beeper device that is engaged when the Ice Cream Truck's
transmission is placed in reverse gear; and
(n)
a music box with amplification of no greater than 8 watts.
OWNER AND DRIVER PROHIBITIONS
35.
(1)
No Owner or Driver shall operate or Permit to be operated an Ice Cream
Truck unless all of the following equipment is present on or in the Ice Cream
Truck and is in a good state of repair;
(a)
a portable litter basket which shall be carried inside the Ice Cream
Truck while in motion and shall be suspended from the outside of the
Ice Cream Truck in such a position so as to be easily accessible by
Persons making purchases while the Ice Cream Truck is stopped for
the purpose of Selling Articles for Sale;
(b)
two sinks of adequate size and non-corrodible material equipped with
hot running water;
(c)
a tank to receive sink wastes;
(d)
a refrigerated cabinet for storage of ice cream mix and other milk
products which cabinet shall be maintained at a temperature no higher
than 5 degrees Celsius and shall be equipped with an accurate,
indicating thermometer;
(e)
storage for dry products, sundae toppings, and syrups, which storage
shall be easily cleanable and where necessary of a type readily
dismantled for cleaning;
(f)
all dispensing equipment, whether for dry cones, single service
containers, ice cream, syrups or toppings, of sanitary design and
should be emptied and sterilized each night;
(g)
mechanical air-conditioning in the vending and dispensing part of the
Ice Cream Truck;
(h)
screens or other devices to ensure adequate protection against flies
and dust; and,
(i)
diesel generator for the refrigeration for the Ice Cream Truck.
NEW OR REPLACEMENT ICE CREAM TRUCK
36.
If an Owner licensed under this By-law disposes or otherwise ceases to use their Ice
Cream Truck, and acquires a new or replacement Ice Cream Truck for the purpose of
operating under the Owner's Licence with the new or replacement Ice Cream Truck,
the Owner shall not use the new or replacement Ice Cream Truck unless the Owner:
(a)
submits to the Licence Manager a certificate of approval for the new or
replacement Ice Cream Truck from the Medical Officer of Health;
(b)
produces and files with the Licensing Section a Motor Vehicle Liability
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Insurance Card and complies with section 25 of this By-law;
(c)
produces for each new or replacement Ice Cream Truck, a current valid Motor
Vehicle Permit issued by the Ministry of Transportation or if an Ice Cream
Truck is a leased vehicle, provide a copy of the lease agreement for the Ice
Cream Truck;
(d)
produces and files with the Licensing Unit a valid Safety Standards Certificate;
(e)
submits the new or replacement Ice Cream Truck for inspection;
(f)
and receives the approval of the Licence Manager for use of the new or
replacement Ice Cream Truck.
SPECIAL EVENT LICENCES
37.
This section was repealed by By-law 0131-2015.
38.
This section was repealed by By-law 0131-2015.
39.
This section was repealed by By-law 0131-2015.
40.
A Special Event Owner's Licence and a Special Event Driver's Licence issued under
this By-law shall only be valid for the date(s) and location listed on the Licence.
ORDER TO COMPLY
41.
Where a Licensee has contravened any provisions of this by-law, or where the
Licensee has contravened any other City by-law relevant to the Licence, the Licence
Manager may serve a written notice on the Licensee, advising of the contravention
and directing compliance with the applicable by-law.
DECISION OF THE LICENCE MANAGER
42.
(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. (0198-2008)
(2)
The written notice to be given under subsection (1) shall: (0198-2008)
(a)
set out the ground 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.
(0251-2021, 0051-2023)
(3)
Deleted by By-law 0051-2023. (0198-2008)
(4)
Deleted by By-law 0051-2023. (0152-2014)
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APPEAL (0051-2023)
43.
(1)
An Applicant or Licensee who has been served with notice of a decision under
subsection 42(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. (0198-2008, 0051-2023)
(2)
A decision that is not appealed within the time referred to in subsection (1)
shall be final. (0198-2008, 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. (0198-2008, 0051-2023)
(4)
Deleted by By-law 0051-2023. (0198-2008)
(5)
Deleted by By-law 0051-2023. (0198-2008)
(6)
Deleted by By-law 0051-2023. (0198-2008)
43.1
No person shall be permitted to re-apply for a Licence or renewal of a Licence within
one year from 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.
(0051-2023)
LICENCE PRODUCTION
44.
When requested by a Municipal Law Enforcement Officer, the Licence Manager, a
Police Officer or a Police Cadet, every Person licensed under this By-law shall
produce their Licence, photograph and any other documents required under this By-
law.
RETURN OF LICENCE
45.
(1)
When a Licence has been revoked, deemed unrenewable, cancelled or
suspended, the holder of the Licence shall return to the Licence to the
Licensing Unit within twenty four (24) hours of service of written notice of the
decision of the 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. (0198-2008, 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). (0198-2008)
NOTICE
46.
(1)
Any notice or order required to be given or served under this By-law is
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sufficiently given or served if delivered personally or sent by registered mail,
addressed to the Person to whom delivery or service is required to be made at
the last address for service appearing on the records of the Licensing Unit.
(2)
Where service is made by registered mail, the service shall be deemed to be
made on the fifth day after the date of mailing, unless the Person on whom
service is being made establishes that they 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.
PENALTY
47.
(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, is 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.
VALIDITY
48.
If a Court of competent jurisdiction declares any section or part of a section of this By-
law invalid, it is the stated intention of Council that the remainder of the By-law shall
continue to be in force.
SCHEDULES
49.
All schedules attached to this By-law shall be deemed to be a part of this By-law.
INTERPRETATION
50.
The provisions of the Interpretation Act R.S.O. 1990, c.I.11, shall apply to this By-law
as required.
REPEAL
51.
By-law 189-99 is hereby repealed
SHORT TITLE
52.
This By-law shall be known as the Ice Cream Truck 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 0406-2009, 0313-2011, 0131-2015, 0251-2021)
This Schedule has been deleted by By-law 0251-2021.
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SCHEDULE 2
CITY OF MISSISSAUGA
BIA BOUNDARIES
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SCHEDULE 2 (cont)
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SCHEDULE 2 (cont)
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SCHEDULE 3
SPECIAL EVENTS
(Amended by By-laws 0131-2015, 0251-2021)
1. Where an Ice Cream Truck is required to be used at 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, bodily injury including
death, and 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 Owner or Operator Ice Cream Truck Licence or an
equivalent licence from another municipality in Ontario;
b)
if required, use a Driver that is licensed by a municipality;
c)
submit to the Special Event Coordinator a certificate of approval for a new or
replacement Ice Cream Truck from the Medical Officer of Health or equivalent
health agency;
d)
produce and file with the Special Event Coordinator a copy of the current
certificate of insurance for a new or replacement Ice Cream Truck and the
policy shall provide;
i.
general liability insurance in the amount of at least two million dollars
($2,000.000) for each Ice Cream Truck against personal injury, bodily
injury including death, and property damage or loss, indemnifying and
protecting the Special Event Vendor, their respective employees,
servants, agents, contractors, volunteers invitees or licensees;
e)
produce for each Ice Cream Truck, a current valid Motor Vehicle Permit issued
by the Ministry of Transportation, or if an Ice Cream Truck is a leased Motor
Vehicle, provide a copy of the lease agreement for the Ice Cream Truck.
f)
submit the Ice Cream Truck for inspection to the Licence Manager upon
request.
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g)
be civil and behave courteously;
h)
keep the interior of the Ice Cream Truck clean, and in good repair;
i)
sell only Articles for Sale;
j)
ensure all equipment used for dispensing refreshments are kept in a clean and
sanitary condition;
k)
ensure condiments are only dispensed from containers approved by the Peel
Regional Health Unit or equivalent health agency;
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 or equivalent health agency;
m)
clean up any debris, refuse or garbage resulting from the operation of the Ice
Cream Truck in the immediate vicinity of the serving location for the Ice Cream
Truck;
4. Every Special Event Coordinator shall ensure that all Special Event Vendors comply
with section 3 of this Schedule "3".
5. Notwithstanding the requirements set out in section 3 of this Schedule "3", all Ice
Cream Truck Owners or Drivers that are licensed by the City of Mississauga that are
participating in Special Events shall comply with all requirements in the By-law.
6. Notwithstanding the requirements set out in section 3 of this Schedule "3", 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 "3" shall only be valid for the
date(s) and location listed on the Licence