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TOWNSHIP OF
THE CORPORATION OF THE TOWNSHIP OF MULMUR
By-LAW NUMBER NO. 03 _ 2021
A BY-LAW TO LICENSE, REGULATE AND GOVERN VEHICLES/STANDS FROM
WHICH REFRESHMENTS ARE SOLD BY CONSUMPTION TO THE PUBLIC AND TO
PROHIBIT HAWKERS AND PEDDLERS WITHIN THE TOWNSHIP OF MULMUR.
WHEREAS Section 1 1 (3) of the Municipal Act, S.O. 2001, c.25 authorizes passing of
by-laws respecting Business licensing;
AND WHEREAS Sections 150 and 151 of the Municipal Act, allow a municipality to
licence, regulate, provide standards 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 Council of The Corporation of the Township of Mulmur deems it
expedient to enact such a by-law;
NOW THEREFORE the Council of The Corporation of the Township of Mulmur does
hereby enact as follows that:
DEFINITIONS
For the purpose of this by-law the following definitions shall apply
"Applicant" means a person applying for a refreshment vehicle/stand licence or
renewal of a licence under this by-law.
"Council" means the Council of the Corporation of the Township of Mulmur
"Hawker and Peddler" shall mean any person who goes from door to door with
goods, wares or merchandise for sale, or for which sales for services are made;
"Licence" means a refreshment vehicle/stand licence issued by the Township
under the provisions of this By-law.
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"Licensee" means any Person licensed under this By-law.
"Clerk" means the Clerk of the Township of Mulmur or designate.
"Officer" means a Police Officer as defined in the Police Services Act, R.S.O.
1990, and shall include a Municipal Law Enforcement Officer.
"Owner" shall refer to the Person who is managing or responsible for the overall
operations of a business requiring a License.
"Person" includes an individual, a corporation, partnership or sole proprietorship.
"Refreshment Vehicle/Stand" means any wheeled vehicle or a stand, licensed or
unlicensed, from which refreshments are offered for sale to the public, including
but not limited to a chip wagon, hot dog cart, ice cream vendor, etc. that is not a
permanent fixture.
"Township'i means the municipal Corporation of the Township of Mulmur
2.
GENERAL
2.1
2.2
No Licence issued under this By-law is transferable.
No Person shall operate a Refreshment Vehicle/Stand without a Licence
2.3 No Person shall operate a Refreshment Vehicle/Stand with a suspended
or revoked Licence.
2.4
The Licensee shall conform to the requirements and conditions of the
Licence throughout the Licence term.
2.5
Every Licence issued in accordance with this By-law shall expire on the
day specified within the License and shall only be valid within the calendar
year for which it was issued.
2.6
No Person shall obstruct an Officer during the performance of a duty
under this By-law.
2.7
For the purposes of this By-law, Council delegates its licensing authority
and the administration of this By-law to the Clerk.
Without limiting the provisions of this section, Council shall remain the
deciding authority in the event the Clerk recommends the refusal,
suspension or revocation of a Licence under this By-law.
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2.8
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4.
PROHIBITION
3.1 Hawkers and Peddlers, as defined herein, shall be prohibited within the
Township of Mulmur.
REFRESHMENT VEHICLE/CART
4.1
No person shall sell from a refreshment Vehicle/Stand for consumption by
the public without having first applied to the Township for a licence to do
so. The said licence shall be issued by the Clerk for the Township of
Mulmur.
4.2
The annual fee for a Refreshment Vehicle/Stand licence is set out in the
Fees and Charges By-law. The Licence shall expire at the end of each
calendar year.
4.3
Prior to the issuance of a Licence and prior to the renewal of each
Licence, the applicant shall submit an application form, attached hereto as
Schedule'A".
4.4
As part of the application, a site plan setting out the proposed location of
the Refreshment Vehicle/Stand, customer parking and setbacks from
roads and buildings.
4.5
As part of the application, if applicable, written permission from the
registered owners of the land upon which the Refreshment Vehicle/Stand is
to be located, including the permitted timeframe.
4.6
Prior to the issuance of a Refreshment Vehicle/Stand Licence and prior to
the renewal of each Licence, the Director of Public Works and Fire Chief
if applicable, shall confirm, satisfaction with the placement and setup of
the refreshment vehicle/stand.
4.7
Prior to the issuance of a Licence and prior to the renewal of each
Licence, the applicant shall produce to the Clerk, confirmation from the
Wellington-Dufferin-Guelph Public Health Unit stating that the Health Unit
has inspected the Refreshment Vehicle/Stand and approves of the issuing
of a licence to sell refreshments for consumption by the public.
4.8
Prior to the issuance of a Licence and prior to the renewal of each
Licence, the applicant, shall produce to the Clerk, signed evidence of
inspection, from a qualified propane fitter that the installed propane-fuelled
appliances, if any, comply with "The Ontario Propane Code".
Prior to the issuance of a Licence and prior to the renewal of each
Licence, the applicant, shall produce to the Clerk, a valid insurance
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4.9
certificate for public liability in the amount of not less than one million
dollars, naming the Township of Mulmur as an additional insured.
4.10
No person issued a Licence shall park, stand or stop on the travelled
portion or shoulder of any public street or within 30 metres of an
established restaurant or other commercial establishment engaged in the
sale of food, with the exception of grocery stores.
4.11 Notwithstanding Section 3.1.10, on the request of a person holding a
Licence, the Clerk may approve of the parking, standing or stopping for a
specified period of time of a refreshment vehicle/stand on a public street,
highway, park, parking lot or other public place for the purpose of selling
refreshments for consumption by the public at events being held within the
Township such as festivals, games of sport and similar type events.
4.12 The Clerk may revoke a Licence at any time
(a) When the licensee is found to be in breach of the provisions of this by-
law, or any other Township of Mulmur By-law, unless permission has
first been obtained.
(b) On recommendation of the Wellington Dufferin Public Health Unit
when the Licensee is found to be contravening any Health Act and/or
regulation with regard to the preparation and serving of food for
consumption by the public.
(c) lf there are reasonable grounds to believe the refreshment
vehicle/stand poses a danger to the health and safety of any person,
poses a danger to property.
5.
OFFENCES AND ENFORCEMENT
Any person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for under the
Provincial Offences Act, R.S.O. 1990 c. 35 amended or any successor
thereof.
6.
SEVERABILITY
Should any section, subsection, clause, paragraph or provision of this
bylaw, including any part of schedules be declared by a court of
competent jurisdiction to be ultra vires, invalid or illegal for any reason, the
same shall not affect the validity of the by-law as a whole.
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7.
SHORT TITLE
This by-law shall be cited as "Refreshment Vehicle and Hawker and
Peddlers Licensing By-Law."
8.
FORCE AND EFFECT
This by-law shall be deemed to have come into force and effect on the
date of final passing thereof.
BY.LAW READ A FIRST AND SECOND TIME THIS
DAY OF
2021.
2021.
BY.LAW READ A THIRD TIME AND ENACTED THIS DAY OF
orner, Mayor
Tracey Atkinson, Acting Clerk
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