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The Corporation of the Municipality of Northern Bruce Peninsula
By-law No. 2023-94
Being a By-law to provide for the Licensing, Regulating
and Governing Food Truck Businesses
Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that Section 8 and Section 11 shall be interpreted broadly so as to confer broad authority
on municipalities to:
a) enable municipalities to govern their affairs as they consider appropriate; and
b) enhance their ability to respond to municipal issues;
And Whereas Section 8 (3) of the Municipal Act, authorizes a municipality to provide for
a system of Licences;
And Whereas Section 11 (2), paragraph 6 of the Municipal Act, authorizes a municipality
to pass a By-law respecting the health, safety and well-being of Persons;
And Whereas Section 151 of the Municipal Act, provides that a municipality may provide
for a system of Licences with respect to a business and may:
a) prohibit the carrying on or engaging in the business without a Licence;
b) refuse to grant a Licence or to revoke or suspend a Licence;
c) impose conditions as a requirement of obtaining, continuing to hold or renewing a
Licence;
d) impose special conditions on a business in a class that have not been imposed on all
the businesses in that class in order to obtain, continue to hold or renew a Licence;
e) impose conditions, including special conditions, as a requirement of continuing to hold
a Licence at any time during the term of the Licence; and
f) Licence, regulate or govern real and Personal Property used for the business and the
Persons carrying it on or engaged in it.
And Whereas Section 434.1 of the Municipal Act, provides that a municipality may require
a Person to pay an Administrative Monetary Penalty if the municipality is satisfied that the
Person has failed to comply with a By-law of the municipality passed under the Municipal
Act;
And Whereas Section 23.1 of the Municipal Act, authorizes a municipality to delegate its
powers and duties;
And Whereas Sections 150 through 153 of the Municipal Act, 2001, S.O. 2001, C.25
authorizes a Council to licence, regulate and govern businesses and events and that
this authority includes but is not limited to; the power to issue licences, to issue
licences on conditions, to revoke licences, to suspend licences, to regulate or govern
the place used in the carrying on of such businesses and to prevent the carrying on of
such businesses without a licence, and
And Whereas the Council of the Corporation of the Municipality of Northern Bruce
Peninsula deems it expedient to exercise its discretion to licence and regulate the
operation of Food Trucks within the Municipality of Northern Bruce Peninsula.
Therefore, the Council of the Municipality of Northern Bruce Peninsula enacts as
follows:
1
Definitions:
In this by-law:
1.1
"Applicant" means a Person who files an application for a Licence;
1.2
"By-Law Enforcement Officer" shall mean any person duly appointed by the
Corporation of the Municipality of Northern Bruce Peninsula for the purpose of
enforcing or carrying out the provisions of Municipal by-laws or his/her designate;
1.3
"Council" shall mean those persons elected to serve as the Council of the
Corporation of the Municipality of Northern Bruce Peninsula;
1.4
"Clerk" means the Clerk for the Municipality, or any Person designated by the
Clerk and the person who oversees the licensing process and manages the
implementation;
1.5
"Corner Visibility Triangle" means the portion of a corner lot within the triangular
area formed by measuring 7.5 metres (25 feet) in each direction from the point
where two property lines intersect at the street lot line corner;
1.6
"Driveway" means a vehicle access provided between a street and a parking
area/space or a loading space;
1. 7
"Driveway Visibility Triangle" means the triangular area formed by measuring 4.5
metres (15 feet) down the driveway and 4.5 metres down the side lot line abutting
a street;
1.8
"Fee and Charges By-Law" shall mean a by-law enacted by the Municipality which
sets out the amounts which will be charges for services and activities and includes
licensing fees;
1.9
"Food Truck" shall mean any vehicle, trailer, tent cart or other structure designed to
be made mobile and not placed on a foundation and is equipped for the storage,
preparation and sale of food, beverages and confections and where such items
are offered for sale directly to the public for consumption outside and includes chip
wagons, mobile canteens and any other similar mobile refreshment vehicle. Where
states as a permitted use a Food Truck may only be permitted as an accessory
use to the principal use on a commercially zoned property;
1.10 "Fund raising Event" shall mean an event being run by a not-for-profit organization
or other community organization to raise funds for a community purpose and as
approved by the Municipality;
1.11
"Highway" or "Street" shall include a common and public highway, street, avenue,
boulevard, crescent, cul-de-sac, court, parkway, driveway, square, place,
shoulder, bridge, viaduct, or trestle, or any road allowance, any part of which is
intended for or used by the general public for the passage of vehicles under the
jurisdiction of the Municipality of Northern Bruce Peninsula;
1.12 "Licence" means a licence issued by the Municipality pursuant to this By-law;
1.13 "Licence Issuer" means a Municipal employee delegated authority b Council as
the Person responsible for issuing a Licence;
1.15
"Licence Number" means a number assigned to a Licence by the Municipality;
1 .16
"Licensee" means a Person issued a current valid Licence pursuant to this By-
law;
1.17 "Municipality" shall mean the Corporation of the Municipality of Northern Bruce
Peninsula or the land within the geographic limits of the Corporation of the
Municipality of Northern Bruce Peninsula as the context requires;
1.18
"Officer" means a Municipal Law Enforcement Officer, the Fire Chief, Chief
Building Official or other Person appointed by By-law to enforce the provisions of
this By-law;
1.19 "Owner" shall mean the owner or operator of a Food Truck;
1.20 "Person" shall include a corporation, partnership or organization;
1.21
"Private Event" shall mean a gathering of people who are invited guests of the
gathering organizer and where the general public is not invited and is not open to
the public;
1.22 "Private Property" shall mean any property or lands owned by a person which are
not considered to be public property by ownership, occupancy or definition;
1.23 "Roadway" means that part of the highway that is improved, designed or
ordinarily used for vehicular traffic, but does not include the shoulder, and, where
a highway includes two or more separate roadways, the term "roadway" refers to
any one roadway separately and not to all of the roadway collectively;
1.24 "Roadworthy" shall mean the vehicle complies with the requirements of the
Highway Traffic Act and is Licences by the Ministry of Transportation for
operation on a public highway. The applicant for a licence shall produce such
vehicle licence prior to issuance of a licence;
1.25 "Shoulder" means the un-travelled portion running along either side of a highway;
1.26 "Site Plan" means a drawing of a site which includes all the applicable
measurements of the Food Truck and the surrounding area within 75 metres of
the site and on which all buildings and structures, streets, and services are
indicated;
1.27 "Special Event" shall mean an event approved by the Municipality of Northern
Bruce Peninsula;
1.28 "Zoning By-Law" shall mean a by-law enacted under Section 34 of the Planning
Act which regulates the use of land.
2
General Provisions
2.1
Every person carrying on a business using a Food Truck shall obtain a licence
from the Municipality authorizing them to carry on that business. This section is
subject to any exemption provided for within this by-law. No person shall, either
directly or indirectly, carry on or continue to carry on a business, either for profit
or not for profit, without first having obtained the required licence.
2.2
No person shall operate a Food Truck in contravention to the Municipality's
Comprehensive Zoning By-law.
2.3
Every person shall request a licence transfer as per Section 5.5 under this By-
law upon the sale of the food truck business.
2.4
No person shall operate a Food Truck on private property without the written
permission of the registered owner.
2.5
The annual number of licences issued to permit the operation of Food Trucks
shall be limited to a maximum of twelve ( 12) and shall be allocated to the
following areas:
a) Tobermory- 7
b) Lion's Head - 3
c) Ferndale - 2
The Municipality may re-allocate on an annual basis the number of Food Trucks
in each of the above noted areas, by resolution of Council.
All Food Trucks must submit a completed application annually. Where a permit
application for an area exceeds the number permitted, the permits will be issued
based on drawing of lots from the completed applications submitted.
The existing Food Truck Businesses in Tobermory and in Ferndale be
grandfathered and will have the first right of refusal.
2.6
Prior to beginning operation of the Food Truck on land which abuts a highway
under the jurisdiction of the Province of Ontario, or the County of Bruce, the
licensee shall provide written confirmation of acceptance of the intended location
from the Ministry of Transportation (MTO) or County of Bruce.
2.7
No person shall operate a Food Truck where outside seating is provided unless
adequate washroom facilities are located on the property and are open for use
during the times when the Food Truck is operating.
2.8
A licence shall be required for each Food Truck.
2.9
No person shall operate a Food Truck which is not maintained in a clean or
sanitary condition.
2.10
Every Food Truck business shall ensure that the provisions of the Accessibility
for Ontarians with Disabilities Act, or any regulation thereto, are applied to the
business.
2.11
Every person who operates a Food Truck business shall ensure that all health
and safety regulations are followed including those set out in Ontario Regulation
562 of the Health Protection and Promotion Act, the Technical Standards and
Safety Act, the National Fire Protection Association Code 96, and any regulations
thereto.
2.12
No person shall permit an accumulation of snow around the Food Truck
business.
2.13 Only one (1) A-Frame sign is permitted and must conform to the Municipality's
Sign By-law provisions. Signage along the Highway 6 MTO corridor must
receive the applicable sign permit(s) from the Ministry of Transportation (MTO).
2.14 No person shall operate any part of the Food Truck business outside of the Food
Truck unit, this does not include garbage collection, grey water and grease
disposal or outdoor seating for patrons.
2.15
Every person shall ensure that the use of barbeques, smokers, or any outdoor
cooking equipment is monitored and staffed, and that the location is approved to
ensure adequate clearance from property lines and structures.
3.
Location Requirements
3.1
Food Trucks may only operate from a commercially zoned property and must
comply with the setback requirements for the zone.
3.2
The owner of the Food Truck shall provide on-site parking spaces in accordance
with the zoning by-law requirements.
3.3
No Food Truck shall be located:
i) on any highway or street, road allowance, roadway or shoulder.
ii) within a "corner visibility triangle" or a "driveway visibility triangle"
iii) on any sidewalk or walkway in a manner which impedes pedestrians or
creates a hazard whether on a public or private property.
iv) on municipal property
3.4
The owner of the Food Truck must provide adequate trash receptacles at the site
on which the Food Truck is located and shall always maintain the site in a clean
and sanitary condition.
3.5
The owner of the Food Truck shall ensure that washroom facilities are available
for patrons and staff.
3.6
Where any licencee wishes to change the location of the Food Truck business,
said licencee must submit a request in writing along with a completed application
for consideration of approval of a new location
4.
Applications For a Licence
4.1
Every application for a licence to operate a Food Truck shall be made on the
Cloudpermit platform with the required documentation, attached as Schedule "A"
to this by-law, and shall include the required fee.
4.2
Acceptance of the licence fee does not constitute approval of the application or
obliges the Municipality to issue a licence.
4.3
Every fee paid under 4.1 is refundable if the licence applied for is not granted.
4.4
Every application submitted must be accompanied by a site plan drawing. No
licence shall be granted until the site plan has been approved by the Municipality.
The site plan is to be drawn to scale, and shall include:
i) Proposed location of the Food Truck on the property, including set back
from all property lines and the road allowance;
ii) the location with dimensions (width, length & maneuvering aisle) and
number of proposed parking spaces, for every picnic table or 5 seats, one
parking space is required as per the Zoning By-law parking provisions.
iii) proposed access to the property from the highway;
iv) location of trash receptacles;
v) location of washroom facilities
Depending on the specifics with respect to location, additional information may
be required on the site plan.
4.5
Before a licence under this by-law is issued by the Municipality of Northern Bruce
Peninsula, the owner shall meet with the By-law Enforcement Officer or
designate to review the intended site.
4.6
The application is to include information on:
i) fuel source;
ii) water supply and disposal, including grey water;
iii) grease disposal methods, and;
iv) water disposal arrangements.
4. 7
The applicant shall include with his/her application:
i) A certificate or written confirmation from the Bruce Grey Health Unit
confirming that the Food Truck has passed a sanitary inspection under the
"Ontario Regulation 562 - Food Premises R.R.O. 1990", or its successor,
valid for the year in which the permit is to be issued.
ii) If a propane or gas fired system is to be used, an inspection certificate by a
Technical Standards & Safety Authority certified gas technician as required
under the "Technical Standards and Safety Act" or its successor, valid for the
year in which the permit is to be issued.
iii) An inspection report from the Fire Chief or his designate, stating that the unit
complies with the applicable fire safety requirements in Schedule "B" to this
by-law, valid for the year in which the permit is to be issued.
iv) Proof that the owner has obtained a minimum of two million dollars
($2,000,000.00) liability insurance for the operation of the Food Truck, valid
for the year in which the permit is to be issued. The Licensee must provide
proof of insurance prior to commencing the business.
v) If the Food Truck is located on land not owned by the Food Truck owner, a
letter from the owner of the property on which the Food Truck will be situated,
authorizing the applicant to conduct such business from the property, valid for
the year in which the permit, is to be required.
vi) Entrance permit and Land Use Permits required from the Ministry of
Transportation (MTO), if the property fronts onto Highway 6 and/or approval
from the County of Bruce.
5.
Penalties and Violations
5.1
The granting of a licence under this by-law does not constitute permission for
the licencee to operate in contravention of any other by-law or statutory
requirements.
5.2
For the purpose of enforcement of the provisions of this by-law, the By-law
Enforcement Officer may enter upon land, at any reasonable time without a
warrant.
5.3
Any licence granted hereunder may be revoked at the discretion of the
Municipality of Northern Bruce Peninsula, if the provisions and policies contained
herein are not adhered to by the holder of the said licence at all times.
5.4
Every licence issued pursuant to this by-law shall be valid until the 31st day of
December in the year in which the licence was issued, or until the said licence is
revoked or suspended. No refund of the licence fee shall be paid if the licence is
revoked or suspended.
5.5
A person to whom a licence is granted may apply in writing to the Municipality for
permission to have his licence transferred to another owner, and such permission
will not be unreasonably withheld. In order to transfer a licence, the current
licence is to be surrendered to the Municipality and a transfer fee paid as listed in
the Fees By-Law (Schedule C).
5.6
Any person(s) who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine or penalty for each offence,
exclusive costs and upon conviction is liable to a fine as set out in the Provincial
Offences Act, R.S.O. 1990, Chapter P. 33
5.7
No person(s) shall willfully obstruct, hinder or otherwise interfere with an Officer
in the performance of the Officer's duties, right, functions, powers, or authority
under this By-law.
5.8
Where an Officer has reasonable grounds to believe that an offence under this
By-law has been committed by a person(s), the Officer may require the name,
address, and proof of identity of that person(s) and the person(s) shall supply the
required information.
5.9
Every director or officer of a corporation who knowingly concurs in the
contravention of any provision of this By-law by the corporation is guilty of an
offence.
5.10 A person, other than a corporation, convicted of an offence under this by-law, is
liable, on a first conviction, to a fine of not more than $10,000 and, on any
subsequent conviction, to a fine of not more than $25,000.
5.11
A corporation, convicted of an offence under this By-law, is liable, on a first
conviction, to a fine of not more than $50,000 and, on any subsequent conviction,
to a fine of not more than $100,000.
6.
Validity
6.1
If, for any reason, any section, clause, or provision of this By-law is deemed by a
court of competent jurisdiction to be invalid, the same shall not affect the validity
of the by-law as a whole or any part thereof other than the part, which was
declared invalid.
7.
Enactment
7.1
That this By-law shall come into force and be effective April 15, 2024.
Read a first and second time this 8th day of January 2024.
~~:d, signed, and sealed on this 8th day of January 2024.
Mayor, Milt Mciver
V?411-y Utt dw#J
Clerk, Cathy Addison
Schedule "A" to By-Law 2023-94
Municipality of Northern Bruce Peninsula
Licence Application Requirements To Operate a Food Truck
Property Information (Property to be Licenced)
Address:
New Business:
Renewal:
Applicant-Business ldenitifcation
Application to be completed on Cloud Permit
Name of Applicant(s):
Name of Food Truck Owner (if different from above)
Mailing Address (if different)
Municipality:
Postal Code:
Telephone Number:
Mobile Number:
Email Address:
Type of vehicle to be used:
VIN Number:
Licence Plate Number:
Owner of the property:
I/We, the registered owner(s) of the business, hereby acknowledge and certify
that:
I/We have read and understand the requirements of the licensing, regulating and
governing by-law, and the information pertaining to the business licence for
which I/we have applied.
The information contained in this application is true and complete to the best of
my/our knowledge and that failure to provide complete or accurate information
may delay the licensing process;
The issuance of a licence under this by-law does not permit or condone violations
of any by-law, statute or other regulation in effect in the Municipality, Province of
Ontario or the Dominion of Canada, and it shall be my/our responsibility to
ensure that such applicable legislation is complied with at all times;
The licence will be issued for a one (1) year period and all licences shall expire
on December 31 of each year.
Name (please print)
Signature
Date
Name (please print)
Signature
Date
Checklist for Submission With Application:
Note: Only completed applications will be accepted.
Please use the following checklist to ensure that all required documentation is
attached to your application form:
Licence Fee
Site Plan
Attached
Attached
Details on Fuel Source, Water Supply and Disposal, Grease Disposal
And Waste Disposal
Attached
Grey Bruce Health Services Inspection Report
Current Propane/Gas Inspection by Certified Gas Technicians
ESA approval/inspection Report
Fire Department Inspection Report
Proof of Liability Insurance Coverage
If land not owned by the business operator, a letter from the
owner of the property authorizing the applicant to conduct such
business from the property.
Letter of Compliance - Ministry of Transportation
- County of Bruce
Attached
Attached
Attached
Attached
Attached
Attached
Attached
Personal information on this form is collected under the authority of the Municipal Freedom of
Information and Protection of Privacy Act and will be used in the preparation of the applicable
Council/Committee agenda and posted on the Municipal website. The agenda is a public
document and forms part of the permanent public record. Questions about said collection should
be directed to the Clerk at (519) 793-3522 X229 or via email at [email protected].
Schedule "B" to By-Law 2023-94
Requirements for Fire Department Approval
The following requirements must be met for Fire Department approval of Food Truck,
which utilizes equipment for the cooking of food;
1. The fire extinguisher shall be mounted in accordance with the requirements of
Ontario Fire Code Section 6.2.1.4 (1 );
2. All Food Trucks that produce grease laden vapours during food preparation
shall be equipped with an exhaust hood / suppression system / Type "K"
extinguisher that complies with NFPA 96
Schedule "C" to By-Law 2023-94
Licence Fees
The annual licence fee for Food Trucks:
Fee to transfer licence:
$1500.00
$100.00
The Corporation of the Municipality of Northern Bruce Peninsula
Part 1 Provincial Offences Act Set Fines
By-law No. 2023-94 Licensing, Regulating and Governing Food Truck Businesses
Item
1.
2
3
4
5
6
7
8
Column 1 Short Form Wording
Carrying on a Food Truck
business without obtaining a
licence
Operating a Food Truck in
contravention of the Zoning by-
law.
Fail to transfer a licence issued
under this by-law upon the sale
of the food truck business
Operate a food truck on private
property
without
written
permission of the registered
owner
Operate food truck which is not
maintained
in
a
clean
or
sanitary condition
Permit an accumulation of snow
around the food truck
Operate any part of food truck
outside of the food truck unit,
this does not include garbage,
collection,
grey
water
and
grease disposal or outdoor
seating for patrons
Interfere
with
Officer while
carrying out his/her duties to
enforce this by-law
Column 2
Provision Creating or
Defining Offence
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.9
Section 2.12
Section 2.14
Section 5.7
Column 3
Set Fine
$900.00
$900.00
$900.00
$900.00
$900.00
$900.00
$900.00
$500.00
Note: the general penalty provision of the offences listed above is section 5.6 of by-law
No. 2023-94, a certified copy has been filed.
..)