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The Gorporation of the Town of Orangeville
By-law Number 2025-024
A by-law to regulate and licence Mobile Food and
Refreshment Vending in the Town of Orangeville
WHEREAS Section 9 of the Municipal Act,2001, S.O. 2001, c.25, as amended
hereinafter referred to as the "MunicipalAct'provides that a municipality has the capacity,
rights, powers and privileges of a natural person for the purpose of exercising the authority
under the Act; and
WHEREAS Section 8 (3) of the Municipal Act authorizes a municipality to provide for a
system of licences and a licence includes a permit; and
WHEREAS Section 11 of the Municipal Act authorizes a municipality to pass a by-law
respecting the health, safety and well-being of persons and respecting the protection of
persons and property including consumer protection; and
WHEREAS Sections 9, 11 and 391 of lhe Municipal Act authorizes a municipality to
impose fees and charges on persons; and
WHEREAS Section 23.1,23.2 and 23.3 of the MunicipalAcf authorizes a municipality to
delegate its powers and duties under the Act to a person; 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
0 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 425 (1) of the MunicipalAcf authorizes a municipality to pass by-laws
providing that a person who contravenes a by-law of a municipality passed under the
MunicipalAcf is guilty of an offence; and
1.
WHEREAS Section 431 of the Municipal Act authorizes that where any by-law of a
municipality under lhe Municipal Act is contravened and a conviction entered, in addition
to any other remedy and to any penalty imposed by the by-law, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter may make
an order prohibiting the continuation or repetition of the offence by the person convicted
and requiring the person convicted to correct the contravention; and
WHEREAS Section 436 of the Municipal Act authorizes a municipality to pass a by-law
providing that the municipality may enter on land to conduct inspections; and
WHEREAS Sections 444 and 445 of the Municipal Act authorizes a municipality to make
orders to discontinue, or to correct, the contravention of a by-law; and
WHEREAS Section 446 of the Municipal Act authorizes a municipality to do a matter or
thing in default of it being done by the person directed or required to do it; and
WHEREAS the Council for the Town of Orangeville deems it desirable and in the public
interest to enact a By-law to regulate and licence Mobile Food Vendors;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
ORANGEVILLE HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
1.1. ln this By-law
a) "Central Business District" means the area outlined in Schedule "D" attached
hereto;
b) "Charitable Organization" means an organization which is created primarily
for a charitable object or purpose in Ontario, is operated not for profit, and
includes a religious organization or minor sports group;
c) "Ghip Truck" means a vehicle or trailer of sufficient size to allow a person to
prepare therein french fried potatoes, and from within which french fried
potatoes, hamburgers, hot dogs, hot or cold beverages, non-hazardous pre-
packaged foods, such as potato chips, popcorn, nuts, candy bars and similar
non-hazardous confections may be sold or provided for consumption;
d) "Glerk" means the Clerk for the Town or any person designated by the Clerk;
e) "Food Cart" means a cart which is propelled by muscular power and is
equipped with cooking or barbeque grills on which to prepare hot food, and
such pushcart shall not exceed an overall dimension of 75 centimetres in width
and 1.5 meters in length;
f) "lce Cream Bicycle" means an insulated container for storing and transporting
frozen ice cream, propelled totally by muscular power without motorized
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assistance and from which ice cream and other frozen confections may be sold
or provided for consumption;
g) "lce Cream Truck" means a vehicle modified to transport frozen ice cream
from place to place, which is duly licensed by the Ministry of Transportation and
is capable of being driven on highways or within municipalities and from which
ice cream and other frozen confections may be sold or provided for
consumption;
h) "Licence" means a licence issued pursuant to this By-law;
i) "Licence lssuer" means a Town employee responsible for issuing a licence;
j) "Licensee" means a person issued a current valid licence;
k) "Market on Broadway" means a group of vendors operating refreshment
vehicles or refreshment stands from the approved market location;
l) "Mobile Lunch Truck" means a vehicle modified to transport food preparation
and serving equipment from place to place, which is duly licensed by the
Ministry of Transportation and is capable of being driven on highways or within
municipalities;
m) "Non-resident" means the applicanUbusiness does not own, rent or lease a
permanent building in the Town;
n) "Not for Profit" for the purposes of this By-law means a charitable or non-profit
organization including a club, society or association that is organized and
operated exclusively for social welfare, civic improvement, recreation or any
other purpose except profit, and any profits or economic advantages which are
received by it are used to promote its objectives and not used for the personal
gain of any of its members or of any other person;
o) "Officer" means a police officer, municipal law enforcement officer, or any other
person appointed by by-law to enforce the provisions of this By-law;
p) "Person" includes an individual, sole proprietorship, partnership, limited
partnership, trust, corporation, and an individual in his or her capacity as a
trustee, executor, administrator, or other legal representative;
q) "Proof of insurance" means a certified copy of a policy of insurance or a
certificate of insurance issued by a company authorized to carry on the
business of insurance in the Province of Ontario in accordance with the
Insurance Act, R.S.O. 1990, c.1.8., as amended, that shows proof of liability
coverage as required by this by-law;
r) "Refreshment Vehicle" means any vehicle from which food and refreshments
are for sale, sold or provided for consumption by the public, and includes,
without limiting the generality of the foregoing, a chip truck, food cart, ice
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cream bicycle, ice cream truck and mobile lunch truck, irrespective of the
type of power employed to move the refreshment vehicle from one point to
another;
s) "Refreshment Stand" means any facility (other than a restaurant or similar
permanent establishment) from which food and refreshments are for sale, sold
or provided for consumption by the public on a seasonal basis, but does not
include a refreshment vehicle;
0 "Special Event Permit" means a permit issued by the Community Services to
hold an event on municipal property under the control of the Parks and
Recreation Department;
u) "Special Function" means an event occurring on private property, located
outside the boundaries of the Town of Orangeville's Business lmprovement
Area (BlA), which does not satisfy the criteria for obtaining a Special Event
Permit from the Parks and Recreation Department;
v) "Special Fund Raising" means an event occurring on private property for the
purposes of fund-raising endeavours to benefit a non-profit entity, and for which
the majority of funds raised are used for charitable purposes.
w) "Town" means the Corporation of the Town of Orangeville or the land within
the geographic limits of the Corporation of the Town of Orangeville as the
context requires;
x) "Vulnerable Sector Gheck" means the original search results of a Police
Vulnerable Sector Check, enhanced screening for those employed in positions
working with vulnerable persons, from each police service's jurisdiction in
Canada in which the applicant has been a resident during the prior three
hundred and sixty-five (365) days, dated no more then sixty (60) days prior to
the submission of the Application;
y) "Waste" includes food, disposable eating utensils, paper, wooden, cardboard,
plastic, glass or metal products used in the preparation, serving or consumption
of the food or beverages offered for sale from a refreshment vehicle or
refreshment stand;
z) "Zoning By-law" means any by-law passed by a municipality pursuant to
Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended.
2. GENERAL ADMINISTRATION AND EXEMPTIONS
2.1. The Short Title of this By-law is the "Mobile Food Vendor By-law"
2.2. This By-law applies throughout the whole of the Town.
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3. GENERAL PROHIBITIONS AND REGULATIONS
3.1 . No person shall operate or permit the operation of any refreshment vehicle or
refreshment stand within the Town, unless a licence is obtained in accordance
with the requirements of this by-law or is othenryise exempt under the provisions
of this by-law.
3.2. No licence issued under the provisions of this By-law shall be assigned,
transferred, leased or granted the right to use to any other person.
3.3. No person shall catry on business other than in the name that appears on a
licence.
3.4. No person shall alter, erase, modify or permit such alteration, erasure or
modification of a licence.
3.5. No person shall represent to the public that the person is licensed under this
By-law if the person is not so licensed.
3.6. No person shall own, operate or permit the operation of a Mobile Food Vendor
other than in accordance with the terms and conditions of a licence and this By-
law.
3.7. The number of licences issued annually to permit the operation of an ice cream
bicycle, ice cream truck, chip truck, mobile lunch truck or refreshment
stand shall not be limited.
3.8. The number of licences issued annually to permit the operation of a food cart
shall be limited to a maximum of six (6), with a maximum of three (3) of the six
(6) licences being issued for locations in the Central Business District.
3.9. Refreshment vehicles or refreshment stands may be permitted to operate
only in CBD, C1,C2, C3 and M1 Zones, as defined in the Town's Zoning By-
law.
3.l0.Notwithstanding Section 3.9, at the discretion of the Licence lssuer,
refreshment vehicles or refreshment stands may be permitted to operate in
an lnstitutional (INST) Zone during a special function with a licence provided
that the attendance of such refreshment vehicle or stand provides a benefit the
institution.
3.11.No person shall operate any refreshment vehicle or refreshment stand from
any property except a location or location approved by the Licence lssuer and
as listed on the licence for such refreshment vehicle or refreshment stand.
3.12.No person shall operate a refreshment vehicle or refreshment stand on any
municipal property, which shall, for the purposes of this By-law, include road
allowances, municipal parks, parking lots, Operations Centre and recreation
facilities, except as described in Sections 3.13, 3.20.
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3.13.The operation of a refreshment vehicle or refreshment stand may be
permitted in a municipal park or facility under the control of the Parks and
Recreation Department during a special evenUtournament for which a Special
Event Permit has been obtained.
3.14.Licensed vendors who wish to operate at a Council-sanctioned community event
at a location outside the Gentral Business District must obtain the express
written permission of the event organizers and provide a copy of such letter of
permission to the Licence lssuer at least one (1) week in advance of the event.
3.15.No person shall operate a refreshment vehicle or refreshment stand within 8
metres (26 feet) of the vehicular entrance to the property or in any location which
will obstruct the flow of vehicles.
3.16.No person shall operate a refreshment vehicle or refreshment stand within
90 metres (295 feet) of any other refreshment vehicle, refreshment stand or
restaurant:
a) with the exception of the three (3) locations listed in Section 3.20 and as
othenruise exempt;
b) unless a letter in a form as provided by the Town is submitted to the Licence
lssuer from any and all owner(s) of a refreshment vehicle(s), refreshment
stand(s) and restaurant(s) located within 90 metres of the proposed location
of the refreshment vehicle indicating they do not object to the said
refreshment vehicle being located within 90 metres of their refreshment
vehicle, refreshment stand or restaurant.
3.17.4letter referred to in Section 3.16 (b) is required upon making an application for
renewal of a licence.
3.18.Every person applying for a licence to permit the operation of a refreshment
vehicle or refreshment stand who intends to operate from private property shall
submit with the application a letter of permission with respect to the proposed
use from the registered property owner or his authorized agent.
3.19. Notwithstanding anything in Section 3, the owner of a mobile lunch truck, which
has the sole purpose of travelling from place to place to serve a number of private
locations is permitted to serve his clients in any zone and shall not be required
to provide letters of permission from the property owners.
3.20.|n the Gentral Business District one food cart is permitted to operate from the
sidewalk at each of the following locations:
a
o
Northwest corner of First Street and Broadway
South side of Broadway, between 114 and 136 Broadway
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Northwest corner of Second Street and Broadway
4. DUTIES AND RESPONSIBILITY
4.1 A licensee shall
4.2 Every licensee shall ensure that where a vehicle is powered by propane, or
where propane is utilized for food preparations, a minimum five (5) pound ABC
dry chemical fire extinguisher or other such extinguisher as required by the Fire
Chief or his designate, is attached to the vehicle at all times and the operator of
such vehicle at all times and the operator of such vehicle shall be knowledgeable
in the proper use of such fire extinguisher. ln all cases, where a licensee requires
any food heating capability, he shall be adequately equipped with a fire
extinguisher in accordance with the provisions of the Fire Code, O. Reg. 388/97.
4.3 No person shall fail to keep his refreshment vehicle or refreshment stand in
a clean and sanitary condition.
4.4 No person shall offer for sale or sell from a refreshment vehicle or refreshment
stand, any goods, wares, merchandise or other item other than refreshments,
food stuffs and confections.
4.5 No person operating a refreshment vehicle or refreshment stand shall be
under the influence, consume, or have in his possession, any alcohol or drugs
other than any drugs prescribed by a duly qualified medical practitioner which do
not and may not impair his ability to operate the vehicle/stand while in charge of
the same.
4.6 No person shall operate a refreshment vehicle or refreshment stand between
the hours of 12:00 midnight and 6:00 a.m. on any day.
4.7 No licensee shall permit any individual other than a bona fide employee to
operate the refreshment vehicle or refreshment stand.
4.8 No person shall operate a mobile lunch truck, chip truck or ice cream truck
unless it has been equipped with an audible reversing alarm to alert the public
when the vehicle is backing up.
4.9 No refreshment vehicle or refreshment stand shall be equipped with any
flashing lights or sounding device for attracting attention.
4.10 No person shall operate a refreshment vehicle or refreshment stand at the
Market on Broadway without the approval of the Market Manager.
4.11 Any person operating a refreshment vehicle or refreshment stand shall
a) Provide a waste receptacle of an adequate size to contain all waste generated
from the operation of the refreshment vehicle or refreshment stand.
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b) Ensure that all waste in the vicinity of the refreshment vehicle or refreshment
stand is placed in such container before leaving the area.
c) Remove such receptacle and its contents before leaving the area.
d) Ensure that no waste generated by the operator or contained in his waste
receptacle is deposited in any Town-owned waste containers; and
e) Maintain the designated area and the pavement, sidewalk and boulevard
adjacent thereto in a clean and sanitary condition free from grease, papers,
rubbish and debris.
5. APPLICATION FOR A LICENCE
5.1. A person making an application for a licence or renewal of a licence shall
submit to the satisfaction of the Licence lssuer:
a) a complete application in the form provided by the Town;
b) where the applicant is a corporation, a copy of the articles of incorporation or
other incorporating documents issued by the Province of Ontario or the
Government of Canada, and the business name registration, when
applicable;
c) where the applicant, is a sole proprietor, a copy of the business name
registration, when applicable;
d) where the applicant, is a registered partnership, a copy of the registered
declaration of partnership, the names and addresses of each member of the
partnership as well as the name under which the partnership intends to carry
on business and a copy of the business name registration;
e) the applicable licence fee;
f) any documents, and obtain all required approvals and inspections from the
appropriate approval authority having jurisdiction as outlined on Schedule "A"
to this By-law;
g) any other documents as may be required by the Licence lssuer.
5.2. A person submitting an application for licence renewal shall submit:
a) a complete application (a licensee is not required to submit on renewal of a
licence the items listed in sections 5.1 (b), 5.1 (c) or 5.1 (d) provided no
changes have occurred in the information contained in those documents)
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b) the applicable licence fee
c) all required documents as outlined in Schedule "A" at least fourteen (14) days
prior to the expiry of the current licence. Applications for renewal submitted
after fourteen (14) days shall be considered a new licence application.
6. FEES
6.1 . A fee for a licence shall be as prescribed in Schedule "C" of this By-law.
6.2. Fee payable with an application for a licence shall not be pro-rated.
6.3. Every fee paid is non-refundable;
6.4. Acceptance of the licence fee does not constitute approval of the application or
oblige the Town to issue a licence.
7. FEE REDUCTION AND EXEMPTIONS
7.1. Not-for-profit community associations, charitable organizations, service clubs
and other organizers of special fund-raising events carried on solely for the
benefit of a particular charity or not-for-profit organization are required to obtain
a licence to operate any refreshment vehicle or refreshment stand and
comply with the requirements of this By-law. Provided that the person,
organization, association or service club is directly responsible for the vending
operation, the fee for such licence shall be reduced as set out in Schedule "C"
to this By-law.
7.2. The Market on Broadway, the Orangeville Business lmprovement Area (BlA)
and organizers of Town initiated events are required to obtain a licence to permit
the operation of refreshment vehicles and refreshment stands from the
market location and during outdoor events organized by the BIA or initiated by
the Town.
7.3. The Market on Broadway, the BIA and own-initiated events are exempt from
the provisions of this By-law limiting the number of vendors permitted to operate
in the Central Business District.
7.4. Participating vendors will not be required to obtain individual licences provided
they do not operate outside the Market, the BIA or the area specified for a Town
initiated event. The licence fee for the Market on Broadway, the BIA and Town
initiated events shall be waived.
7.5. For greater clarification, all persons operating any refreshment vehicle or
refreshment stand in areas other than or in addition to the Market on
Broadway, BIA outdoor events or at a Town initiated event are required to obtain
a licence, pay the prescribed fee and comply with the requirements of this By-
law.
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8. DELEGATED AUTHORITY
8.1. The Licence lssuer is hereby delegated authority to administer this By-law and
to issue a licence in accordance with the provisions of this By-law and the
applicable Schedules to this By-law.
8.2. The Licence lssuer is hereby delegated authority to impose additional terms
and conditions on a licence that in the opinion of the Licence lssuer are
reasonable and take into consideration:
a) the health, safety and well-being of persons;
b) the past conduct of an applicant or licensee.
8.3. The Licence lssuer is hereby delegated authority to revoke, suspend, refuse to
issue, or refuse to renew a licence, where the applicant or licensee would not
be entitled to a licence, or to the renewal of a licence, on any grounds set out
in this By-law.
8.4. The Licence lssuer may cancel a licence at any time upon the written request
of the licensee.
8.5. The Licence lssuer shall not issue or renew a licence to a person if:
a) the Town is aware that the applicant has two or more related convictions within
the last year concerning the licensed business or person;
b) overdue by-law fines, penalties or other monies owing to the Town;
8.6. The Appeal Tribunal shall have the same powers as the Licence lssuer
pursuant to this By-law for the purpose of authorizing the issuing of a licence.
9. LICENCE
9.1. A licence shall be issued bythe Licence lssuer upon being satisfied thatthe
requirements of this By-law have been met.
9.2. A licence shall expire on the 31't day of January of each year unless otherwise
suspended or revoked in accordance with the provisions of this By-law.
9.3. Every licence shall remain at all times the property of the Town and no person
shall enjoy a vested right in a licence or the continuance of a licence.
9.4. The issuing of a licence does not relieve a person from any responsibility to
obtain all other approvals that may be required from any level of government or
authority or agencies thereof having jurisdiction.
9.5. Upon receipt of each application completed in accordance with the requirements
of this By-law, the License lssuer shall request comments or reports from other
Town departments as appropriate or make such other inquiries and obtain and
L0
review such other information and documents relevant to the application as the
Licence lssuer considers necessary for the proper processing of the application.
9.6. A licence is not transferable.
10. LICENCE - TERMS AND CONDITIONS - GENERAL
10.1.A Licensee shall notify the Licence lssuer within seven (7) days
a) of any change of name, address or any other change to the information
related to the licence;
b) where the Licensee is a corporation, of any change in the names and
addresses of officers and directors, the location of the corporate head office
and change of ownership of shares;
c) where the Licensee is a registered partnership, of any change in the names
and addresses of each member of the partnership;
d) and if necessary, the licence shall be returned immediately to the Licence
lssuer for amendment.
10.2.4 Licensee shall operate in compliance with this By-law, the terms and
conditions of a licence including the terms and conditions outlined in the
applicable Schedule(s) to this By-law and all federal and provincial legislation.
10.3.A Licensee in carrying out a business licensed under this By-law shall provide
services that are free from discrimination and respect all grounds protected by
the Ontario Human Rights Code.
10.4.4 Licensee upon the request of the Licence lssuer or an Officer shall submit
documents and records required to be kept in accordance with this By-law.
10.5.The operator shall ensure that the licence issued pursuant to this by-law is
available for inspection at all times.
10.6.The licence sticker issued in respect of a licence for a refreshment vehicle shall
be securely affixed to the vehicle in a visible location.
11. LICENCE - ADMINISTRATIVE SUSPENSIONS
11.1.Where required in accordance with this By-law a Licensee's policy of liability
insurance expires, is cancelled, or is othenruise terminated; then the applicable
licence shall be automatically suspended effective on the date of such
expiration, cancellation, revocation or termination and shall remain so until such
insurance has been reinstated.
11 .2.An administrative suspension of a licence without a hearing shall be imposed for
fourteen (14) days if the Licence lssuer is satisfied that the continuation of the
1.1.
business poses an immediate danger to the health and safety of any person or
to any premise or in accordance with Section 11. Before any suspension is
imposed, the Licence lssuer shall provide the licensee with the reasons for the
suspension, either orally or in writing, and an opportunity to respond to them.
11.3.An administrative suspension imposed under Section 10.2 may be imposed on
such conditions as the Licence lssuer considers appropriate.
l2.LICENCES - GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION
12.1.4n applicant or licensee is entitled to a licence upon meeting the requirements
of this By-law except where:
a) the past or present conduct of any person, including any partner, the officers,
directors, employees or agents of a corporation affords reasonable cause to
believe that the person will not carry on or engage in the business in respect
of which the application is made in accordance with the law or with honesty
or integrity; or
b) the applicant or licensee has past breaches or contraventions of any law or
any provision of this By-law or any other municipal by-law or Provincial or
Federal Statute associated with the carrying on of such business; or
c) the financial position of the applicant or licensee affords reasonable grounds
to believe that the activity for which he is licensed or to continue to be licensed
in accordance with law will not be carried on in a financially responsible
manner; or
d) the applicant or licensee has failed to pay a fine, or fines imposed by a Court
for convictions for breach of this or any other municipal by-law; or
e) the applicant or licensee has failed to comply with any term, condition or
direction of the Licence lssuer or Officer or has failed to permit any
investigation or inspection by the Licence lssuer or Officer; or
f) the applicant or licensee has failed to comply with the requirements set out
in this By-law or any of the applicable Schedules to this By-law; or
g) the issuing of a licence would be contrary to the public interest with respect
to health and safety or consumer protection; or
h) the applicant or licensee has submitted an application or other documents to
the Town containing false statements, incorrect, incomplete, or misleading
information; or
i) the applicant or licensee is carrying on or engaging in activities on or off the
premise that are or will be if the applicant or licensee is licensed, in
contravention of this By-law, any other applicable law or is unsafe; or
L2
j) the applicant or licensee has exhibited discriminatory behaviour against a
person on any grounds protected by the Ontario Human Rights Code; or
k) the applicant or licensee has not paid the required licence fees
12.2.The Licence lssuer may revoke, suspend, refuse to issue, or refuse to renew a
licence, where the applicant or licensee would not be entitled to a licence, or to
the renewal of a licence, on any grounds set out in this By-law.
12.3.Where the application for a licence has been refused, revoked, suspended or
cancelled, the fees paid by the applicant or licensee, in respect of the licence,
shall not be refunded.
12.4.Where a licence has been revoked, suspended, or cancelled the licensee shall
return the licence to the Licence lssuer within two (2) days of service of the
notice of the decision.
12.S.When a revoked, suspended or cancelled licence has not been returned, an
Officer may enter upon the premise for the purpose of receiving, taking or
removing the said licence and no person shall refuse to return the licence or in
any way obstruct or prevent the Licence lssuer or Officer from obtaining the
licence.
12.6.No person shall re-apply to obtain or renew a licence for a minimum of one (1)
year from the later of:
a) the date of the Licence lssuer's decision to refuse to issue, renew or revoke
a licence;
b) where the decision of the Licence lssuer is appealed, the date of the Appeal
Tribunal's decision if the Appeal Tribunal upholds the decision to refuse to
issue, renew or revoke the licence.
13.LICENCES - GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION -
TERMS AND CONDITIONS - RIGHT TO A HEARING
13.1.With the exception of Section 10, before a licence is refused, revoked,
suspended, cancelled or issued with terms or conditions, written notice shall be
given by the Licence lssuer to the applicant or licensee.
13.2.Notice shall be served to the applicant's or licensee's last known address or
email address filed with the Town and shall:
a) contain sufficient information to specify the nature of or reason for, any
recommendation;
b) inform the applicant or licensee of entitlement to a hearing before the Appeal
Tribunal, if a request in writing for a hearing is returned to the Clerk within
fourteen (14) days after the date of service of the notice; and
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c) inform the applicant or licensee that if no written request is received, the
Appeal Tribunal may proceed and make any decision with respect to the
licence.
13.3.On receipt of a written request for a hearing from an applicant or licensee, the
Clerk shall:
a) schedule a hearing; and
b) give the applicant or licensee notice of the hearing at least twenty (20) days
prior to the hearing date; and
c) post notice of the hearing on the Town's website at least twenty (20) days
prior to the hearing date.
13.4.Service of any notice on the applicant or licensee under this by-law shall be
made by personal delivery, ordinary mail or email transmission. The notice shall
be deemed to have been served on the fourth (4th) day after the day of mailing
on the date of personal service or the date of the email transmission.
14. ESTABLISHMENT OF APPEAL TRIBUNAL
14.1.The Appeal Tribunal shall hear and render decisions regarding the refusal,
revocation or suspension of a licence, and the imposing of terms and conditions
on a licence.
14.2.The decision of the Appeal Tribunal shall be final and binding
15. HEARING PROCESS
15.1.The provisions of the Statutory Powers and Procedures Acf, R.S.O. 1990, c. S.
22, as amended, shall apply to all hearings conducted under this By-law.
15.2.4 hearing shall be held in public unless determined otherwise in accordance with
the Sfafufory Powers and Procedures Acl R.S.O. 1990, c.5.22, as amended,
and the Appeal Tribunal shall hear the applicant or licensee and every other
person who desires to be heard, and the Appeal Tribunal may give its decision
orally or adjourn the hearing and reserve its decision but in any case, the decision
shall be provided in writing.
15.3.The decision of the Appeal Tribunal, shall be in writing and shall set out the
reasons for the decision, and shall be signed.
15.4.Any authority or permission granted by the Appeal Tribunal may be for such
time and subject to such terms and conditions as the Appeal Tribunal considers
advisable and as are set out in the decision.
1S.S.When a person who has been given written notice of a hearing does not attend
at the appointed time and place, the Appeal Tribunal may proceed with the
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hearing in his absence, and the person shall not be entitled to any further notice
of the proceedings.
15.6.The Clerk shall no later than ten (10) days from the making of the decision send
one (1) copy of the decision to:
a) the applicant or licensee;
b) each person who appeared in person or by Counsel or by Agent at the
hearing and who filed with the Clerk a written request for notice of the
decision.
1 6. ORDERS
16.1 .lf an Officer has reasonable grounds to believe that a contravention of this By-
law or the terms and conditions of a licence has occurred, the Officer may make
an Order requiring the person who contravened this By-law or the terms and
conditions of a licence or who caused or permitted the contravention to occur to:
a) discontinue the contravening activity; and/or
b) do work or take action to correct the contravention
16.2.An Order under section 15.1 shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention;
b) the location of the premise on which the contravention occurred; and
c) either:
i. in the case of an Order under section 15.1 (a), the date by which there
must be compliance with the Order; or
ii. in the case of an Order under section 15.1 (b), the action to be done and
the date by which the action must be done.
16.3.An Order made under this By-law may be served personally, by ordinary mail to
the last known address or by email transmission to:
a) the person the Officer believes contravened this By-law; and
b) such other persons affected by the Order as the Officer making the Order
determines.
16.4.The Order shall be deemed to have been served on the fourth (4th) day after the
date of mailing or on the date of personal service or on the date of email
transmission.
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16.S.An Officer who is unable to effect service of an Order pursuant to this By-law
shall place a placard containing the Order in a conspicuous place on the premise
and the placing of the placard shall be deemed to be sufficient service. The
placing of the placard of the Order shall be deemed to be served on the date of
placing the placard.
17. ENFORCEMENT AND PENALTY PROVISIONS
17 .1.fhe enforcement of this By-law shall be conducted by an Officer.
17.2.An Officer may enter on land or a premise at any reasonable time for the
purpose of carrying out an inspection to determine whether or not:
a) the By-law is complied with;
b) the licence, or the term or condition of a licence, or this By-law is complied
with;
c) a direction or Order made under lhe Municipal Act, S.O. 2001, c.25, as
amended, or this By-law is complied with.
17 .3.For the purposes of an inspection under this By-law, an Officer may.
a) require the production for inspection of documents or things relevant to the
inspection;
b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c) require information from any person concerning a matter related to the
inspection; and
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
17.4.All documents and records shall be kept in a good and business-like manner for
review by the Officer at their request.
17.5.4 receipt shall be provided for any document or thing removed under this By-law
and the document or thing shall be promptly returned after the copies or extracts
are made.
17.6.4 sample taken under this By-law shall be divided into two parts, and one part
shall be delivered to the person from whom the sample is taken, if the person
so requests at the time the sample is taken and provides the necessary facilities.
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17.7.lf a sample is taken under this By-law and the sample has not been divided into
two parts, a copy of any report on the sample shall be given to the person from
whom the sample was taken.
17.8.Every person who contravenes any provision of this By-law, including failing to
comply with an Order issued pursuant to this By-law, is guilty of an offence and
is liable to a fine, and such other penalties, as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended, and the Municipal Act, 2001,
as amended.
17.9.Every person who is charged with an offence under this By-law or an Order
issued pursuant to this By-law or every director or officer of a corporation, who
knowingly concurs in the contravention, by the laying of an lnformation under
Part lll of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended and is
found guilty of the offence is liable pursuant to the Municipal Act, 2001, as
amended to the following:
a) on a first offence, to a fine of not more than $50,000.00; and
b) on a second offence and each subsequent offence, to a fine of not more than
$100,000.00
17.10. Every person who is issued a Part 1 offence notice or summons and is
convicted is guilty of an offence under this By-law shall be subject to a fine, to a
maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended.
17.11. No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this By-law.
17.12. Every person who is alleged to have contravened any of the provisions of
this By-law shall identiff themselves to an Officer upon request, failure to do so
shall be deemed to have hindered or obstructed an Officer in the execution of
his or her duties.
17.13. Upon conviction any penalty imposed under this By-law may be collected
under the authority of lhe Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended.
17.14. lf a person is convicted of an offence under this By-law, the court in which
the conviction has been entered and any court of competent jurisdiction may, in
addition to any other remedy and to any penalty imposed, make an order
prohibiting the continuation or repetition of the offence by the person convicted.
18. SEVERABILITY
18.1.|f a court of competent jurisdiction declares any section or part of this By-law
invalid, it is the intention of Gouncil that the remainder of this By-law shall
continue in force unless the court makes an order to the contrary.
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l9.INTERPRETATION
19.1 . References in this By-law to any statute or statutory provision include references
to that statute or statutory provision as it may from time to time be amended,
extended or re-enacted.
19.2.|n this By-law, unless the context othenruise requires words importing the singular
shall include the plural and use of the masculine shall include the feminine, where
applicable.
19.3.The Schedules appended to this By-law are incorporated into and form part of
this By-law.
20.TRANSITIONAL RULES
20J.By-law 102-2008, as amended, shall continue to apply to any enforcement
proceedings commenced prior to the effective date of this By-law.
21. REPEAL
21 . 1 .By-law 1 02-2008, 120-2009, 2021 -047 and 2023-041 are hereby repealed
22.EFFECTIVE DATE
221.This By-law shall come into effect on April 14,2025.
READ three times and finally passed this 14th day of April, 2025.
Lisa Post, Mayor
Jordyn Lave
ith, Deputy Clerk
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SCHEDULE 'A'to BY-LAW 2025-024
MOBILE FOOD VENDOR LICENCE REQUIREMENTS
1. APPLICATION REQUIREMENTS
1.1.|n addition to the requirements set out in Section 4 of this By-law, every new
application will require, prior to issuance of a license:
a) written confirmation of authorization to issue a licence from the Public Health
Office, the Orangeville Fire Division, and any other department of the Town as
the Licence lssuer considers necessary;
b) confirmation that the premises where the restaurant operates is in compliance
with any applicable Zoning By-law and Site Plan Agreement;
c) proof of valid insurance in an amount not less than two (2) million dollars
naming the Town as additional insured;
d) Vulnerable Sector Gheck from each police service's jurisdiction in Canada in
which the applicant has been a resident during the prior three hundred and
sixty-five (365) days, dated no more than sixty (60) days prior to the submission
of the Application;
e) a letter of permission with respect to the proposed use from the registered
property owner or his authorized agent;
f) any other documents as may be required by the Licence lssuer
1.2. Renewal
a) Every application for renewal of a licence under this By-law shall be made in a
form satisfactory to the Licence lssuer and shall include:
i.
The fully completed application form
ii. The applicable renewal fee as set out in Schedule C of this By-law
iii
Proof of valid insurance in an amount not less than two (2) million dollars
naming the Town as additional insured.
b) A renewal application must be approved by all of the approval bodies set out in
section 1.1 (a) in the event the conditions of the original application have
changed.
c) Where a person fails to renew the licence within fourteen (14) days after the
expiry of such licence, the person shall no longer be entitled to renew but must
apply for a new licence.
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d) The holder of a licence for the operation of a food cart in the Gentral
Business District in the previous year shall have the right of first refusal before
the said licence is offered to a new applicant, provided that the holder of the
licence has made an application for renewal no later than January 1Sth of the
following year in which the licence was first issued.
20
Resident
Type of Mobile
Fee per
Chip truck per year
$500.00
Food cart per year
$500.00
lce cream bicycle per year
$100.00
lce cream truck per year
$500.00
Mobile lunch truck per year
$500.00
Refreshment stands per year $500.00
Food vendors selling at
a special function
per event
$120.00
Administration Fee
(special fund-raising events only)
per event
$25.00
SCHEDULE 'B' to BY-LAW 2025-024
FEES
Non Resident
Fee per
$600.00
$600.00
$120.00
$600.00
$600.00
$600.00
$160.00
$25.00
2L
SCHEDULE 'G' to BY-LAW 2025-024
CENIRAT EUSINESS DISIR| T
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