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VILLAGE OF OIL SPRINGS
BY-LAW NO. 901 OF 2021
BEING A BY-LAW TO PROVIDE FOR THE LICENSING, REGULATING
& GOVERNING OF MOBILE FOOD & REFRESHMENT VENDING
SERVICE EQUIPMENT IN THE VILLAGE OF OIL SPRINGS
AND REPEAL BY-LAW 649 OF 2014
________________________________________________________________
WHEREAS Subsection 5(3) of the Municipal Act, 2001, S.O. 2001, C.25
provides that a municipal power shall be exercised by by-law; and
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, C.25 provides
that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under the
Municipal Act, 2001 or any other Act; and
WHEREAS subsection 10(1) of the Municipal Act, 2001, S.O. 2001, C.25
provides that a municipality may provide any service or thing that the
municipality considers necessary or desirable for the public; and
WHEREAS pursuant to the provisions of Part IV of the Municipal Act, 2001,
S.O. 2001, C.25 as amended, a municipality may pass by-laws for licensing,
regulating and governing businesses; and
WHEREAS Sections 150 through 153 of the Municipal Act, 2001, S.O.
2001, C.25 authorizes 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 condition, 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
WHEREAS the Council of the Corporation of the Village of Oil Springs
chooses to exercise its discretion to licence the operation of mobile food and
refreshment vending service equipment within the Village of Oil Springs;
THEREFORE the Council of the Village of Oil Springs enacts as follows:
1. DEFINITIONS:
In this by-law:
"By-Law Enforcement Officer" shall mean a person duly appointed by the
Corporation of the Village of Oil Springs for the purpose of enforcing or
carrying out the provisions of Municipal by-laws or a designate;
"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;
"Driveway" means a vehicle access provided between a street and a parking
area/space or a loading space;
"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.
"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 the like, 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.
"License" means a licence issued pursuant to this by-law.
"Licensee" means the holder of a licence.
"Mobile Food and Refreshment Service Equipment" means any vehicle or
device from which food or refreshment is prepared and sold, or
consumption by the public, that is capable of being moved, including Chip
Trucks, Mobile Canteen, and Food Truck.
"Municipality" shall mean the Corporation of the Village of Oil Springs.
"Owner" shall mean the owner or operator of the mobile food and
refreshment service equipment.
"Person" shall include a corporation, partnership or organization.
"Road Allowance" shall mean all allowances for roads, except insofar as
they have been stopped up according to law, made by the Crown surveyors,
all highways laid out or established under the authority of any statute, all
roads on which public money has been expended for opening them or on
which statute labour has been usually performed, all roads dedicated by
the owner of the land to the public use and all alternations and deviations
of all bridges over any such allowances for highway or road.
"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.
"Shoulder" means the un-travelled portion running along either side of a
highway.
"Mobile Food and Refreshment Vendor Agreement / License of Premises"
means a license issued pursuant to this by-law, attached as Schedule "D".
2. LICENCE REQUIRED
2.1 Every person carrying on a business using mobile food and
refreshment service equipment shall obtain a Vendor Agreement /
License of Premises application from the Municipality authorizing
them to carry on that business. 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 license.
2.2 A person who operates mobile food and refreshment service equipment
shall comply with the regulations set out in this by-law. Failure to
comply with the regulations is an offence.
2.3 No person shall operate mobile food and refreshment service
equipment on municipal property without first obtaining a Mobile Food
& Refreshment Agreement / License of Premises from the Municipality
and an inspection report from the Municipality's Fire Department
indicating that the mobile food and refreshment service equipment
complies with the requirements of Schedule "A".
3. LIMITATIONS AND RESTRICTIONS
3.1 The annual number of licences issued to permit the operation of
mobile food and refreshment service equipment shall be limited to a
maximum of two (2).
3.2 Previous licenses will be given the first opportunity to re-apply for
licences, but must reapply before March 1 of each year, otherwise
licences will be issued on a first come, first serve basis.
3.3 No mobile food and refreshment service equipment will be permitted to
locate within 100 metres of an existing restaurant that meets the
definition of a "Restaurant", in the zoning by-law, unless a letter of
permission is provided from the abutting restaurant facility owner,
stating that he/she has no objection to the mobile food and
refreshment service equipment.
3.4 Prior to beginning operation of the mobile food and refreshment service
equipment on land which abuts a highway under the jurisdiction of
the Province of Ontario or is within the distance of a highway which is
regulated by the Province of Ontario through the Ministry of
Transportation, the licensee shall provide written confirmation of
acceptance of the intended location from the Ministry.
4. GENERAL REQUIREMENTS
4.1 Mobile food and refreshment service equipment may only operate from
areas zoned Commercial as designated in the Village of Oil Springs
Zoning By-Law, or in open spaces provided all other aspects of this by-
law have been met.
4.2 The owner of the mobile food and refreshment service equipment shall
ensure adequate parking is available.
4.3 No mobile food and refreshment service equipment 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"
4.4 The owner of the mobile food and service equipment must provide
adequate trash receptacles at the site on which the mobile food and
refreshment service equipment is located and shall maintain the site in
a clean and sanitary condition at all times.
4.5 The owner of the mobile food and refreshment service equipment shall
ensure that washroom facilities are available for patrons and staff if
they are operating longer than 4 hours in one day.
5. APPLICATION FOR A LICENCE
5.1 Every application to operate a Mobile Food and Refreshment Vending
Service shall be made on the standard application form, attached as
Schedule "B" to this by-law, and shall include the required fee, as
listed on Schedule "C" to this by-law. Once approved, the Mobile Food
& Refreshment Vendor Agreement / License of Premises document,
attached as Schedule "D" to this by-law will finalize the application
process. All Schedules being attached to and forming part of this by-
law.
5.2 Before Mobile Food & Refreshment Vendor Agreement / License of
Premises document is issued by the Municipality, the applicant shall
meet with a municipal representative to review the intended site.
Depending on the specifics with respect to location, additional
information may be required.
5.3 The applicant shall include with his/her application:
a)
A certificate from the Lambton County Community Health
Services confirming that the mobile food and refreshment service
equipment 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.
b)
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.
c)
If an inspection report from the Fire Chief or his designate, stating
that the unit complies with the requirements of Schedule "A" of
this by-law, valid for the year in which the permit is to be issued.
d)
Proof that the owner has obtained a minimum of two million
dollars ($2,000,000.00) liability insurance for the operation of the
mobile food and refreshment service equipment, valid for the year
in which the permit is to be issued.
e)
If the mobile food and refreshment service equipment is located
on land not owned by the mobile food and refreshment service
equipment owner, a letter from the owner of the property on
which the mobile food and refreshment service equipment will be
situated, authorizing the applicant to conduct such business from
the property, valid for the year in which the permit is to be issued.
6. GENERAL PROVISIONS
6.1 The granting of a Mobile Food & Refreshment Vendor Agreement /
License of Premises under section "D" of this by-law does not
constitute permission for the licensee to operate in contravention of
any by-law or statutory requirements.
6.2 For the purpose of enforcement of the provisions of this by-law, the by-
law officer or municipal representative may enter upon land and into
buildings at any reasonable time without a warrant.
6.3 Any Mobile Food & Refreshment Vendor Agreement / License of
Premises granted hereunder may be revoked at the discretion of the
Village of Oil Springs if the provisions contained herein are not
adhered to by the holder of the said licence at all times.
6.4 Every Mobile Food & Refreshment Vendor Agreement / License of
Premises 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.
7. OFFENCES
In accordance with the Municipal Act, S.O 2001, C.25, Section 429 of every
person who breaches a section of this By-law is guilty of an offence and
subject to a fine.
8. This by-law shall take effect on the date of final passing thereof.
9. That by-law 649 of 2014 is hereby repealed.
READ a first, and taken as read a second and third time, and finally passed
this 13th day of July, 2021.
__________________________
Ian Veen, Mayor
__________________________
Lynda Thornton, Clerk
SCHEDULE "A" to By-Law 901 of 2021
Requirements for Fire Department Approval
The following requirements must be met for Fire Department approval of
mobile food and refreshment service equipment, which utilizes equipment
for the cooking of food;
1.
A carbon monoxide detector shall be mounted as low as possible on
the inside of the mobile food and refreshment service equipment away
from direct wind;
2.
One ABC dry chemical extinguisher of a minimum rating per unit of
3A:10BC;
3.
The fire extinguisher shall be mounted in accordance with the
requirements of Ontario Fire Code Section 6.2.1.4 (1);
4. All mobile food and refreshment service equipment that produces
grease laden vapours during food preparation shall be equipped with
an exhaust hood / suppression system / Type "K" extinguisher that
complies with NFPA 96
SCHEDULE "B" to By-Law 901 of 2021
VILLAGE OF OIL SPRINGS
APPLICATION TO OPERATE MOBILE FOOD AND
REFRESHMENT EQUIPMENT
New Business ___ Renewal ___
APPLICANT-BUSINESS IDENTIFICATION
Name of Applicant(s) : _______________________________________________________
Name of Unit Owner (if different from above) _________________________________
Address of Applicant ________________________________________________________
Mailing Address (if different) _________________________________________________
Town: _______________________________________________________________________
Postal Code: _________________________________________________________________
Telephone Number: Home ___________________________________________________
Business ____________________________________________________________________
Type of vehicle to be used: ___________________________________________________
VIN Number: ________________________________________________________________
Proposed location: ___________________________________________________________
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;
_________________________ ____________________
____________
Name (please print)
Signature
Date
SCHEDULE "B" continued
(By-law 901 of 2021)
CHECK LIST 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 (5.1)
Attached ____
Lambton County Community Health Services Inspection Report
Attached ____
Current Propane/Gas Inspection by Certified Gas Technicians
Attached ____
Fire Department Inspection Report
Attached ____
Proof of Liability Insurance Coverage
Attached ____
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
Attached ___
Letter of Compliance - Ministry of Transportation (If required - Section 3.4) Attached ___
SCHEDULE "C" to By-law 901 of 2021
Licence Fees:
The annual licence fee for Mobile Food and Refreshment Service
Equipment: $ 250.00
Special Event Permit for Mobile Food and Refreshment Service Equipment:
$ 150.00
Fee to transfer licence: $100.00
SCHEDULE "D" to By-law 901 of 2021
Mobile Food & Refreshment Vendor Agreement /
License of Premises
THIS AGREEMENT, made this
day of
, 20
,
Between
The Corporation of the Village of Oil Springs
(referred to in this Agreement as "the Village")
and
,
(referred to in this Agreement as "the Vendor)
WHEREAS the Village has by-law 901 of 2021 in place to allow mobile food vendors to
use certain Village properties;
AND WHEREAS the Vendor operates a mobile food vending vehicle and wishes to
operate on certain Village properties or in certain open spaces, as agreed by
property owner and Village;
The Village and the Vendor agree as follows:
Premises
The Village hereby grants to the Vendor a license for use of the following
described premises, owned by ___________________________________,
for the following period(s):_______________________________________ .
Premises name and name of area within premises being licensed for use and
hereinafter referred to as "the Licensed Premises":
_____________________________________________________________
_____________________________________________________________
b) Operating Schedule:
_____________________________________________________________
Term and Termination
Any violation of the terms and conditions of this Agreement by the Vendor, its
employees, representatives, agents, servants, contractors, guests, invitees, licensees
shall be considered to be a breach of the Agreement and shall cause the Agreement
to be subject to cancellation at the sole discretion of the Village upon provision of
written notice to the Vendor.
Responsibilities of the Vendor
The Licensed Premises will be used by the Vendor specifically for the activities
described as follows:
The Vendor will park a Mobile Food Truck, owned by the Vendor, at the Licensed
Premises, and will operate the Mobile Food Truck, preparing and selling food to the
public.
Any other type of usage by the Vendor must receive prior written consent of the Village.
The Vendor shall keep and/or restore the Licensed Premises to a neat and orderly
condition throughout the Term of the Agreement.
No permanent structures may be used/built on the Licensed Premises by the Vendor.
The Vendor shall prohibit the use and/or dispensing of alcohol.
Use of the Licensed Premises under this Agreement may begin only after execution of
this Agreement, and after all documentation required has been provided to the Village
by the Vendor.
Successors and Assigns
The Vendor shall not assign, or transfer this Agreement, or sublet or sub-license the
Licensed Premises, or any part thereof.
Indemnification
The Vendor shall indemnify and hold harmless the Village, its officers, elected
officials, servants, representatives, volunteers, and employees from and against any
and all liabilities, claims, demands, losses, costs, expenses, damages, actions, suits
or other proceedings by whomsoever made, directly or indirectly arising out of the
Vendor's use of the Licensed Premises, attributable to bodily injury, sickness, disease
or death or to damage to or destruction of tangible property caused by any acts or
omissions of the Vendor, its officers, agents, servants, employees, customers, invitees
or licensees, or occurring in or on the Licensed Premises or any part thereof and/or as
a result of activities under this Agreement.
Insurance
Prior to the execution of this Agreement, the Vendor shall, at its expense, obtain
and keep in force during the Term of this Agreement:
- Commercial General Liability Insurance satisfactory to the Village, including the
following and underwritten by an insurer licensed to conduct business in the
Province of Ontario and a limit of liability of not less than Two Million dollars
($2,000,000) per occurrence.
The Vendor agrees to immediately notify the Village of any occurrence, incident or
event which may reasonably be expected to expose either party to material liability of
any kind in relation to the Licensed Premises.
Health and Safety, WSIB
The Vendor is responsible for all costs associated with its workplace accidents and all
premiums or assessments owing to the Workplace Safety and Insurance Board
(WSIB), or insurance company if applicable for its own employees. If requested, the
Vendor shall, throughout the Term of the Agreement, provide the Village with
evidence of coverage for itself, its employees, subcontractors and subcontractors'
employees under the Workplace Safety and Insurance Act or insurance policy.
The Vendor:
Name (print)
Name (signature)
The Corporation of the Village of Oil Springs:
I/we have the authority to bind the Vendor.
Vendor's signature Witnessed at
, Ontario, on the
of
, 2021, by: _________________________________
Clerk, Village of Oil Springs