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THE CORPORATION OF THE MUNICIPALITY OF MISSISSIPPI MILLS
BY-LAW NO. 19-48
(amended by 22-036)
BEING a by-law respecting the licensing, regulating and governing of seasonal stands,
mobile canteens and seasonal produce/farm produce stand from which produce and/or
prepared food are sold for consumption by the public.
WHEREAS pursuant to The Municipal Act 2001(S.O. 2001, c.25), Section 150, a local
municipality may license, regulate and govern any business wholly or partly carried on
within the municipality for health and safety and consumer protection purposes;
AND WHEREAS the Council of the Corporation of the Municipality of Mississippi Mills
deems it desirable to license and regulate vehicles and seasonal stands from which
refreshments and / or prepared food are sold for consumption by the public for safety
and consumer protection purposes;
NOW THEREFORE the Council of the Corporation of the Municipality of Mississippi
Mills ENACTS AS FOLLOWS:
DEFINITIONS:
1. In this by-law, the following terms have the specified meanings:
a) "By-law Enforcement Officer" means persons so appointed by the Council of the
Corporation of the Municipality of Mississippi Mills;
b) "Chief Building Official" means the person so appointed by the council of the
Corporation of the Municipality of Mississippi Mills;
c) "Clerk" means the person so appointed by the council of the Corporation of the
Municipality of Mississippi Mills;
d) "Designated Site" means the site identified and approved for the operation of a
mobile canteen, seasonal stand, or season produce/farm produce stand;
e) "Director of Public Works" means the person so appointed by the council of the
Corporation of the Municipality of Mississippi Mills;
f) "Fire Officer" means the person so appointed by the council of the Corporation of
the Municipality of Mississippi Mills;
g) "Mobile" means propelled by human muscle power/ motorized/ towable and
licensed and fit for operation on a road or highway as per all applicable
requirements under the Highway Traffic Act (HTA). To be mobile, all Mobile
Canteens and or Refreshment Carts must be able to be moved from place to place
and/or can be relocated within 24 hours-notice from the Municipality or Property
Owner;
h) "Mobile Canteen" means any vehicle of any kind that is equipped for the
preparation, storage, heating, cooling or sale of foodstuffs or beverages with or
from the vehicle. Such vehicle shall be mobile at all times, meet all applicable
requirements of the Highway Traffic Act of Ontario R.S.O. 1990, Chapter H. 8 and
can be moved from place to place;
i) Refreshment Cart shall mean a mobile vehicle propelled by human muscle power
from which refreshments are sold for consumption by the general public. A main
body of the refreshment cart shall not exceed the following dimensions: 3 metres
in metres in length, 1.5 metres in width and 2.5 metres in height, measured from
the ground upward. (amended by 22-036)
j) "Municipality" means the Corporation of the Municipality of Mississippi Mills;
k) "Owner/Operator" means the person or corporation who owns or operates the
structure/ vehicle/ cart/ stand/ business with the license from the Corporation of
Mississippi Mills;
l) "Prepared Food" shall mean all food stuff or beverages either prepared on site or
pre-packaged and intended for consumption by the public. Prepared food shall
include, but not be limited to, French fries, hamburgers, onion rings, pogos,
hotdogs, sausages, sandwiches, popcorn, ice cream, candy, and confections;
m) "Produce" shall mean fresh farm-grown crops such as fruits and vegetables;
n) "Seasonal Stand" means any building or part thereof, stand or shed of any kind
that is equipped for the preparation, storage, heating, cooling or sale of foodstuffs
or beverages on a seasonal basis;
o) "Seasonal Produce/ Farm Produce Stand" means a portable enclosure with an
area less than 10 sq.m. located temporarily on private property zoned commercial
offering produce for sale. This does not include a farm gate operation on private
property owned and operated by the property owners;
p) "Site Plan" means a plan (drawing) to scale showing details and items relevant to
this by-law.
GENERAL LICENSE REQUIREMENTS (amended by 22-036)
2. No person shall operate a mobile canteen, refreshment cart, seasonal stand or
seasonal produce/ farm produce stand within the Municipality without having a valid
license issued by the Municipality and having paid a license fee for the same, where
applicable.
3. Any licensed mobile canteen, refreshment cart, seasonal stand or seasonal produce/
farm produce stand shall be operated within any general and specific conditions of
the license.
4. All licenses shall be issued subject to the following conditions, which shall apply
whether or not they are physically endorsed on the license, itself.
a) The license shall shall be valid only for the owner/operator or the mobile canteen,
refreshment cart, seasonal stand or seasonal produce/ farm produce stand for
which it is issued;
b) The license license may be transferred to a new owner providing the new owner
applies to the municipality for a transfer license and pays a transfer license fee and
provides proof of insurance;
c) Any individual owner may be issued more than one license;
d) The license shall be valid for the calendar year of issue (January 1 - December
31;
e) The license shall be on display in or on the mobile canteen, refreshment cart,
seasonal stand, or seasonal produce/ farm produce stands and shall be made
available for inspection at any time.
LICENSE REQUIREMENTS - MOBILE CANTEENS AND SEASONAL STANDS
5. Before a license is issued under this by-law, the applicant for a mobile canteen or
seasonal stand shall:
a) present a site plan, for all new applicants and renewal applicants, where changes
to an approved site plan are made, showing details of the proposed site which
shall include exact location, closest neighbours, roads, sign locations, approved
electrical or other utility hook-ups and other specific details, as required;
b) All mobile canteen and seasonal stand shall be located on property as indicated in
sections 12-15 of this by-law;
c) Present letter from property owner indicating approval for the canteen or stand to
be situated on their property;
d) indicate what provision will be made for:
i. garbage receptacles,
ii. garbage removal,
iii. washroom facilities for the public and staff;
iv. parking - note: must have three (3) parking spaces or demonstrate that on-
street parking in close proximity is available
v. recycling, and
vi. general cleanliness and tidiness of the site and surrounding area;
e) present written approval of the Medical Officer of the Lanark, Leeds and Grenville
District Health Unit that the Mobile Canteen or Season Stand has been inspected
and has met all health requirements;
f) present a letter of compliance from the Fire Official of the local Fire Department
including but not limited to the following specifications:
i. where there is a potential for grease laden vapours and smoke to be
generated within a contained space the applicant shall present a letter of
compliance with NFPA 96 Standard for Commercial Cooking Applications from
a qualified licensed and insured Professional Mechanical Engineer from the
province of Ontario or from a licensed Fire Protection Company registered in
Ontario;
ii. present a letter or inspection report from the Technical Standards and Safety
Authority (TSSA) showing compliance with all applicable gas and/or propane
codes where applicable;
iii. confirm that proper fire extinguisher(s) are in place for the potential fire
hazards contained within the enclosure and any other Fire Code requirements
to ensure a fire safe environment
g) where a structure is placed on the site that is part of or accessory to the mobile
canteen or seasonal stand such as but not limited to: a deck, stairs or shed. A
letter from the Chief Building Official stating compliance with the Building Code
shall be provided;
h) Where a mobile canteen or seasonal stand is connected to an electrical source
that is governed under the Electrical Safety Act, proof of compliance is to be
provided at the time of application;
i) Where a mobile canteen or seasonal stand is connected to Municipal Services
(water and/or sewer) the connections shall be made only after obtaining written
approval from the Director of Public Works or their delegate for the Municipality.
LICENSE REQUIREMENTS - SEASONAL PRODUCE/ FARM PRODUCE STAND
6. Before a license is issued under this by-law, the applicant for a Seasonal Produce/
Farm Produce Stand:
a) present a site plan, for all new applicants and renewal applicants, where changes
to an approved site plan are made, showing details of the proposed site which
shall include exact location, closest neighbours, roads, sign locations, approved
electrical or other utility hook-ups and other specific details, as required;
b) Seasonal produce/farm produce stands shall be on private property (as per
sections 12-14 this by-law)
c) Present letter from property owner indicating approval for the stand to be situated
on their property;
d) indicate what provision will be made for:
i. garbage receptacles,
ii. garbage removal,
iii. washroom facilities for the public and staff;
iv. parking - note: must have three (3) parking spaces or demonstrate that on-
street parking in close proximity is available
v. recycling, and
vi. general cleanliness and tidiness of the site and surrounding area;
LICENSE REQUIREMENTS - REFRESHMENT CART
6. No person shall vend from a Refreshment Cart(s) except in accordance with the
following provisions:
a) General Provisions for Refreshment Carts:
i) Every licensee who vends shall ensure that all articles, whether on display or
not on display, except for a garbage receptacle and a small condiment tray
are contained within the cart. The garbage receptacle and a small condiment
tray shall be located no further than 1.5 metres from the cart.
ii) No person shall vend from a Refreshment Cart or from a stand upon any
highway including a boulevard, sidewalk or street, or any part thereof.
iii) Every licensee shall keep his or her Refreshment Cart in a clean and sanitary
condition and in a state of good repair and appearance at all times.
iv) No person licensed pursuant to this by-law shall carry, sell, offer or expose for
sale any or all of the food products which are prohibited from time to time by
the Medical Officer of Health.
v) Every Refreshment Cart equipped with a food heating capability shall be
adequately equipped with a fire extinguisher having an A.B.C. rating.
vi) The licensee shall ensure that any person vending with or from his or her
Refreshment Cart has the license (issued by the Municipality) visible to the
public and attached to the Refreshment Cart.
vii) The holder of a licence in a category defined in Section 1 shall not use the
licence for the purpose of any other category unless specifically permitted
herein.
viii) Every person to whom this by-law relates shall be governed by The Public
Health Act, R.S.O. 1990, Chap. P.10, as amended, or The Health Protection
and Promotion Act, R.S.O. 1990, Chap. H.7, as amended, and regulations
enacted thereunder.
ix) No person shall use:
a) an external gasoline-powered generator
b) an external propane-powered generator, or
c) an external diesel-powered generator in conjunction with a
Refreshment Cart.
b) Collection and Removal of Garbage and Recyclables from a Refreshment Cart:
i) No person who vends with or from a Refreshment Cart shall place or locate
any carton, box or other article, other than a garbage receptacle, recycling
bins and a small condiment tray, outside of the Refreshment Cart. The
garbage receptacle, recycling bins and a small condiment tray shall be
located no further than 1.5 metres from the cart.
ii) No person shall vend with or from a Refreshment Cart without first placing a
garbage receptacle and recycling bin outside of the Refreshment Vehicle.
iii) Every person who vends with or from a Refreshment Cart shall ensure that
the garbage receptacle and recycling bin placed outside the cart is taken
away with the vehicle and that the garbage is disposed of in a proper and
sanitary manner and any recyclables are properly recycled.
iv) Every person who vends shall ensure that the grounds in the vicinity of the
Refreshment Cart for a distance of 30 metres are kept clean of all waste.
v) The placing of the garbage or litter in a sidewalk refuse container provided by
the Corporation is not sufficient to constitute removal.
c) Location and Time Regulations
i. No person shall vend from a Refreshment Cart on a public sidewalk. A
Refreshment Cart, if located on private property, shall not be located any
closer than 1.2 metres to a sidewalk.
ii. No person who vends shall place or locate himself or herself or anything on a
street so as to be within nine (9m) metres from the nearest street intersection.
iii. No person shall vend on any municipal property unless authorized to do so in
writing by the Municipality's Parks and Recreation department.
iv. Sales shall only occur between the hours of 8:00 a.m. and 8:00 p.m. of the
same day.
v. A mobile ice cream vehicle, cart or bicycle may stop on a street in a residential
zone to make a sale for a duration of no more than twenty (20) minutes.
d) present written approval of the Medical Officer of the Lanark, Leeds and Grenville
District Health Unit that the Mobile Canteen or Season Stand has been inspected
and has met all health requirements;
e) No person shall operate a mobile canteen, refreshment cart or seasonal stand
closer than 30 metres to an eating establishment. Should the owner of a mobile
canteen, refreshment cart or seasonal stand wish to locate the said canteen or
stand closer than 30 metres to an eating establishment, written
acknowledgement from the affected eating establishment`s owner shall be filed
with the application indicating that they have no objection to the canteen, cart or
stand locating within the 30 metre distance requirement.
f) indicate what provisions will be made for:
a. garbage receptacles,
b. recycling, and
c. general cleanliness and tidiness of the site and surrounding area;
INSURANCE REQUIREMENTS - MOBILE CANTEENS, RERESHMENT CARTS, AND
SEASONAL STANDS
7. The operator shall provide and maintain at their sole expense, liability insurance to
cover all operations of the owner and property damage insurance in the minimum
amount of two million dollars ($2,000,000.00), to protect the owner/operator against
all liability.
8. Such insurance shall add the Corporation of the Municipality of Mississippi Mills as
Additionally Insured.
9. Automobile liability insurance shall be required for all mobile canteens with a limit of
not less than two million dollars ($2,000,000.00)
10. Required insurance policies shall not be cancelled unless the Insurer notifies the
Municipality in writing at least thirty (30) days prior to the effective date of the
cancellation. The insurance policy will be in a form and with a company which are, in
all respects, acceptable to the Municipality.
INDEMNIFICATION
11. The owner/operators shall indemnify and hold the Corporation of the Municipality of
Mississippi Mills harmless from and against any liability, loss, claims, demands, costs
and expenses, including reasonable legal fees, occasioned wholly or in part by any
negligence acts or omissions whether willful or otherwise by the operator, their
officers, employees or other persons for whom the operator is legally responsible.
LOCATION
12. No mobile canteen, seasonal stand, or seasonal produce/ farm produce stand may
be set up on any Provincial or County Road Allowance except by written permission
of those authorities.
13. In Almonte Ward, mobile canteens, seasonal stands or seasonal produce/ farm
produce stands are only permitted on Commercial and Industrial Zoned properties.
Use of the North Lanark Agricultural Society Fairgrounds or properties owned by
School Boards may be used for special events and festivals.
14. In Pakenham and Ramsay Wards, mobile canteens, seasonal stands or seasonal
produce/ farm produce stands are permitted on properties in all zone classifications
except on public road allowances.
15. No person shall operate a mobile canteen or seasonal stand closer than 30 metres to
an eating establishment. Should the owner of a mobile canteen or seasonal stand
wish to locate the said canteen or stand closer than 30 metres to an eating
establishment, written acknowledgement from the affected eating establishment`s
owner shall be filed with the application indicating that they have no objection to the
canteen, cart or stand locating within the 30 metre distance requirement.
SPECIAL OCCASIONS
16. A mobile canteen or refreshment cart licensed under the provisions of this by-law:
a) may appear at a private event, provided that the cart or canteen is on private
property or on an adjacent road allowance in a location where its operation will not
cause a traffic problem.
b) may visit construction and quarry operations and other commercial and industrial
operations within the Municipality, with appropriate permissions.
17. Organizers of special events/festivals wishing to bring in mobile canteens or
refreshment carts shall abide by the following provisions:
a) Mobile Canteens or Refreshment Carts shall only be on site at the special
event/festival for a maximum of three (3) days or 72 hours;
b) The organizers of the special event and owners/operators of the mobile canteen
shall indemnify and hold the Corporation of the Municipality of Mississippi Mills
harmless from and against any liability, loss, claims, demands, costs and
expenses, including reasonable legal fees, occasioned wholly or in part by any
negligence acts or omissions whether willful or otherwise by the operator, their
officers, employees or other persons for whom the operator is legally responsible;
c) A ice cream truck may locate temporarily for sales or other special events where
the mobile canteen operator has been invited or authorized by a person holding
the event or owning the business or property to dispense refreshments, provided
that all other provisions of this By-law are met while operating at the temporary
location.
d) Shall abide by all conditions set out in Section 5 c.
FEES
18. License fees are set are out in the Municipality's Fee By-law which are adopted from
time to time by Council. The fees shall be paid at the time of issuance or renewal of
the license, where applicable.
19. Notwithstanding Section 18, those seasonal stands assessed and taxed by the
Municipality shall be exempt from license fees charged under this by-law.
20. Licenses shall be issued by the Clerk of the Municipality upon satisfaction of all
applicable conditions.
21. The Municipality is not necessarily required to issue or renew any license, under this
this by-law. The Municipality may take advice from the Ontario Provincial Police, the
Director of Roads and Public Works, the County of Lanark, the Ministry of
Transportation and any other source in reaching decisions about any special
conditions to be attached to a license.
22. The Municipality may revoke a license if it is determined that public interest would be
served by such action. The notice to revoke a license shall state the reasons for
such revocation of license and fee to be returned, if any, to the licensee.
OFFENCES
23. No owner/operator being a holder of a license issued under this by-law, shall:
a) Operate or authorize or permit the operation of a mobile canteen, refreshment cart,
seasonal stand or seasonal produce/ farm produce stand on a site other than the
designated site specified in the license not withstanding Sections 16 and 17;
b) Operate or authorize or permit the operation of a mobile canteen, seasonal stand,
refreshment cart or seasonal produce/ farm produce stand except during the times
and dates specified in the license;
c) Fail to display or make available the license issued under the provisions of this by-
law;
d) Fail to provide or cause to be provided, an appropriate waste container at the
designated site, for the use of the owner/operator, patrons and others while the
mobile canteen, seasonal stand, refreshment cart or seasonal produce/ farm
produce stand is being operated;
e) Fail to remove or cause to be removed, the waste container and all waste from the
designated site by the end of each day of operation;
f) Store equipment and supplies or allow to permit equipment or supplies to be
stored outside of the mobile canteen, seasonal stand or seasonal produce/ farm
produce stand;
g) Fail to maintain in place throughout the term of license, a policy of insurance
consistent with sections 7-10 and indemnification consistent with section 11
ENFORCEMENT
24. This by-law shall be enforced by the By-law Enforcement Officers so appointed by
Council.
SEVERABILITY
25. If a court of competent jurisdiction should declare any section or part of a section of
this by-law to be invalid, such section or part of a section shall not be construed as
having persuaded or influences Council to pass the remainder of the by-law and it is
hereby declared that the remainder of the by-law shall be valid and shall remain in
force.
PENALTIES
26. Any person contravening the provisions of this by-law is guilty of an offence, and the
procedure with respect thereto and penalty upon conviction therefore shall be as
provided for under The Provincial Offences Act, R.S.O. 1990, Chapter P. 33 as
amended.
ENACTMENT
27. This By-law shall come into force and take effect on the day of its passing.
REPEAL
28. By-law 15-110, and any other by-laws inconsistent with this by-law are hereby
repealed.
BY-LAW READ passed, signed and sealed in open Council this 7th day of May, 2019.
__________________________
__________________________
Rickey Minnille, Deputy Mayor
Jeanne Harfield, Acting Clerk