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CITY OF NIAGARA FALLS
By-law No. 2023 - 044
A by-law to amend Schedule 24 "Refreshment Vehicles" to By-law No. 2001-31, being a
by-law respecting the issuance of licences in the City of Niagara Falls.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
Schedule 24 "Refreshment Vehicles" to By-law No. 2001-31 is amended as follows:
1. In this Schedule "refreshment vehicle" shall include any vehicle (truck, canteen, trailer,
cart, barbeque), propelled, towed or driven by any kind of power, including muscular
power, either motorized or non-motorized, from which canteen services are provided,
or from which sandwiches, confections, candies, red hots, hot dogs, hamburgers,
potato chips, French fried potatoes, soft drinks, popcorn, peanuts, ice-cream, tea,
coffee, cocoa or any other prepared foods, lunches or meals and drinks are sold for
consumption by the public. A chip wagon, mobile canteen, refreshment cart, ice
cream bicycle and mobile ice cream vehicle shall be included in the definition of a
"refreshment vehicle".
2. Every person who operates a motorized refreshment vehicle in the municipality shall
obtain a licence and pay an annual licence fee in accordance with Schedule 1 to this
By-law. A separate licence and licence fee shall be required for each vehicle licensed
as a motorized refreshment vehicle if more than one such vehicle is operated by any
one owner.
3. Every person who operates a non-motorized refreshment vehicle in the municipality
shall obtain a licence, pay an annual licence fee in accordance with Schedule 1 to this
By-law. A separate licence and licence fee shall be required for each vehicle licensed
as a non-motorized refreshment vehicle if more than one such vehicle is operated by
any one owner.
4. An applicant for a licence shall file his or her application therefor with the Clerk and
shall file therewith the written permission of the owner of that property to the applicant
for the use of the property where he or she intends to operated the business, a clear
photograph of the vehicle, approvals from the Medical Officer of Health, Fire Inspector,
Building Department and Minister of Energy or suitable inspection authority for
propane connections.
5. Every applicant for a licence shall submit a site-plan, showing proposed location of
the vehicle in relation to the property line and distance from buildings, to the
satisfaction of the Zoning Administrator.
6. This By-law shall not apply to the delivery vehicles operated in connection with a dairy
business, a grocery business, a bakery business, or a soft drink business, when used
for the delivery of their own products in the normal and usual state of such products,
but a licence shall be required if prepared foods, refreshments, lunches or meals are
served from such vehicles.
7. No person licenced under the provisions of this Schedule shall permit a refreshment
vehicle to be parked within 200 feet of the boundaries of an establishment having a
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restaurant licence from the municipality, and no person shall sell or deliver from a
refreshment vehicle or solicit orders for food from a refreshment vehicle within 200
feet of the boundaries of an establishment having a restaurant licence from the
municipality.
8. No person licensed under the provisions of this Schedule shall permit a refreshment
vehicle to be parked within the boundaries of one of the designated Business
Improvement Areas (BIA), without the written consent of the applicable BIA while still
adhering to section 7 of this schedule. No person shall sell or deliver from a
refreshment vehicle or solicit orders for food from a refreshment vehicle with the
boundaries of a designated BIA without the written consent of the applicable BIA.
9. The dimensions referred to in this by-law shall be measured from lot line to lot line.
10. No person licenced under this Schedule shall carry on business on property owned
by the municipality unless participating in an event for which Council or delegated Staff
have granted permission.
11. No person shall be issued a licence for a refreshment vehicle unless the person
proposes to operate the refreshment vehicle within the following zoning designations
as provided for by By-law No. 79-200, as amended:
11.1.
Neighbourhood Commercial (NC);
11.2.
General Commercial (GC);
11.3.
Planned Shopping Centre Commercial (SC);
11.4.
Central Business Commercial (CB);
11.5.
Tourist Commercial (TC);
11.6.
Automobile Service Station & Gasoline Bar Zone (AS);
11.7.
Prestige Industrial (PI);
11.8.
Light Industrial (LI);
11.9.
General Industrial (GI);
11.10.
Heavy Industrial (HI);
11.11.
Transportation Distribution Industrial (TDI);
11.12.
Extractive Industrial (EI);
12. The licence shall be visible to the public and attached to the refreshment vehicle.
13. The Council may, by resolution, regulate the number of licences to be issued to
operators or refreshment vehicles from time to time as it considers expedient.
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14. Commercial cooking that produces grease laden vapours and smoke must comply
and be protected in accordance with the N.F.P.A #96 (National Fire Protection
Association) - "Standard for the Removal of Grease Laden Vapours and Smoke from
Commercial Cooking Equipment:, as required by the Ontario Building Code and the
Ontario Fire Code.
15. Refreshment vehicles intending to be connected to the municipality's electrical system
shall be inspected by Ontario Hydro, for compliance with the Electrical Safety Code,
and shall provide the Inspection Certificate from Ontario Hydro to the Clerk to be filed
with the application for licence.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 9TH day of May, 2023.
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MARGARET CORBET, ACTING CITY CLERK VICTOR PIETRANGELO, ACTING MAYOR