By-Law 48-2023 to Licence, Regulate and Govern Mobile Restaurants in the County of Prince Edward — full text

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Motion CW-37-2023 and Motion CW-38-2023 OFFICE CONSOLIDATION of By-law 48-2023 as Amended by: By-Law 190-2023 November 28, 2023 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO. 48-2023 A BY-LAW TO LICENCE, REGULATE AND GOVERN MOBILE RESTAURANTS IN THE COUNTY OF PRINCE EDWARD AND REPEAL BY-LAW 1778-2006 WHEREAS Section 151 of The Municipal Act, 2001, S.O. 2001, c.25 permits a municipality to licence, regulate and govern certain trades, occupations, businesses and callings; AND WHEREAS the Council of the Corporation of the County of Prince Edward adopted by-law 1778-2006, as amended, which regulated Mobile Restaurant licensing and operations in previous years; AND WHEREAS the Municipality is further authorized to licence any person carrying on or engaged in any trade, occupation, or calling and to prohibit the carrying on or engaging in a trade, occupation, business or calling without a licence; AND WHEREAS the Council of the Corporation of the County of Prince Edward considers it desirable to continue such licensing and registration regulations with respect to certain trades, occupations, and businesses and callings, specifically Mobile Restaurants, within the County; AND WHEREAS the Council of the Corporation of the County of Prince Edward adopts the Licensing Requirements and Guidelines for the operation of Mobile Restaurants as attached hereto as Schedule 'A' and forms part of this By-Law. NOW THEREFORE the Council of the Corporation of the County of Prince Edward enacts as follows: 1. THAT Licensing Requirements and Guidelines for the operation of Mobile Restaurants as attached hereto as Schedule 'A' and forming part of this By-Law be adopted. 2. THAT By-Law No. 1778-2006, as amended, be rescinded in its entirety. 3. THAT the provisions of this By-Law shall come into force and take effect on the day of final passing. Read a first, second, and third time and finally passed this 14th day of March, 2023 Original By-Law Signed By: Original By-Law Signed By: __________________________ _________________________ Catalina Blumenberg, CLERK Steve Ferguson, MAYOR Motion CW-37-2023 and Motion CW-38-2023 SCHEDULE "A" SECTION 1 - DEFINITIONS AND INTERPRETATION "Appeals Committee" means the Appeals Committee as established pursuant to By-Law 152-2023, being A By-Law to Establish the Appeals Committee and Procedures for The Appeals Committee to Conduct Appeals of Property Standard Orders In Accordance With The Building Code Act, And Appeals Of Certain License And Permit Decisions In Accordance With Corporation Of The County Of Prince Edward Licensing By-Laws. (as Amended by By-Law 190-2023) "Applicant" means the person or their designate that is applying for a Mobile Restaurant Licence or a Special Events Mobile Restaurant Permit. "By-Law Enforcement Officer" means the By-Law Enforcement Officer/Provincial Offences Officer appointed by by-law by Council of the Corporation of the County of Prince Edward. "Clerk" means the Municipal Clerk, or their designate, of the County of Prince Edward. "Cooking" means cooking food with any equipment that produces smoke or grease-laden vapours, such as a deep fryer or flat top grill "Cooking Mobile Restaurant" means a vehicle, trailer or cart that may be towed, driven or carried, and that is equipped for the cartage, storage, Cooking and sale of food and beverages. (For example, a chip truck.) "Council" means the Council of the Corporation of the County of Prince Edward. "County" means the Corporation of the County of Prince Edward. "Fee" means as set out in the County of Prince Edward Fees and Charges By-Law. "Fire Chief" means the Fire Chief, or their designate, of the County of Prince Edward. "Highway" means highway as defined by the Highway Traffic Act. "Human Propelled Mobile Restaurant" means a vehicle, trailer or cart propelled by human muscle power, that is equipped for the cartage, storage, Preparation and sale of food and beverages, where no Cooking takes place. (For example, an ice cream bike.) "Licence" means a permit issued under the provisions of this By-Law. "Licencee" means a person issued a Licence to operate under the provisions of this By-Law. "Medical Officer of Health" means the Medical Officer of Health for the Hastings and Prince Edward Counties Health Unit or delegate for the purposes of this By-Law. "Mobile Restaurant" means a vehicle, trailer or cart that is not placed on a permanent foundation, which is equipped for the cartage, storage and the Preparation of food stuffs, beverages, confections, and such items are offered directly for consumption to the general public, and includes both Cooking and Non-Cooking units, but shall not include any other restaurant type. Motion CW-37-2023 and Motion CW-38-2023 "Non-Cooking Mobile Restaurant" means a vehicle, trailer or cart that may be towed, driven or carried, that is equipped for the cartage, storage, Preparation and sale of food and beverages, where no Cooking takes place. (For example, an ice cream or coffee truck, a cart that sells packaged or reheated food.) "Motorized Street Service Mobile Restaurant" means a motorized vehicle equipped for the cartage, storage, Preparation and sale of food and beverages, where no Cooking takes place, and where sales take place on public streets. (For example, an ice cream truck.) "Not for Profit Organization" means an organization or group that Operates for social welfare, civic improvement, pleasure, sport, recreation, charitable or any other purpose except profit. "Officer" means a Municipal By-Law Enforcement Officer, Provincial Offences Officer, Police Officer, or a Public Health Inspector. "Operate" means the selling or provision of food and beverages to the public from a Mobile Restaurant. For the purposes of this By-Law, "Operate" does not include selling, serving or provision of food and beverages at events and locations that are not open to the public. "Operator" means a person who Operates a Mobile Restaurant, and if a Licensee is also an Operator, the words Licensee and Operator will have the same meaning. "Preparation" means assembling, scooping, pouring, plating, heating or otherwise preparing food or beverage for service, which does not include Cooking. "Roadworthy" means that the vehicle complies with all the requirements of the Highway Traffic Act and is licensed for operation on a public highway. "Single Location" means the vehicle, trailer or cart stays in one location in a zone permitted by the Zoning By-Law for the whole licence period, as indicated on the issued Licence. "Special Event" means an organized gathering of people for the primary purpose of supporting a community, cultural, charitable, educational, food and beverage, sport related experience or other type of unique activity. A special event is held on a temporary basis and, in the case of a business or organization hosting, the event is not part of the regular course of business/operation for the business or organization. "Special Events Mobile Restaurant Permit" means a permit issued under the provisions of this by-law for the purposes of operating a Mobile Restaurant that is not licensed in the County at a Special Event as defined in this by-law. "Transient" means the vehicle, trailer or cart may move to multiple locations throughout the Licence period, in zones permitted by the Zoning By-Law, for which the Operator has the property owner's permission "Sidewalk" means any municipal walkway or road works for the accommodation of pedestrians on that portion of a street between the curb line and the street line which is located outside a roadway, primarily intended for the use of pedestrians. "Zoning By-Law" means the County of Prince Edward Comprehensive Zoning By-Law, or any successor By-Law, as amended from time to time Motion CW-37-2023 and Motion CW-38-2023 SECTION 2 - REGULATIONS 1. General a) No person shall Operate any Mobile Restaurant in the County unless they hold a current and non-suspended Licence or Special Events Mobile Restaurant Permit pursuant to this By-Law. b) The Operator of a Mobile Restaurant shall have at all times on display the Licence granted by the County and shall present this Licence on demand for inspection by any By-Law Enforcement Officer for the County. c) A License shall not be assigned or transferred. d) The Operator of every Mobile Restaurant shall at all times comply with the requirements of the Medical Officer of Health. e) The Operator of every Mobile Restaurant except Human Propelled Mobile Restaurants shall at all times comply with all requirements of the Ontario Fire Code with respect to fire safety and prevention. f) T.S.S.A. - Technical Standards and Safety Act - All propane and natural gas fuel lines and fittings shall have a certified technician perform a leak test. A copy of the certification must be displayed. The addition of more equipment shall require a further inspection and certification. g) E.S.A - Electrical Safety Authority - Electrical equipment shall be inspected by an electrical inspector and the report shall be on display. The addition of more equipment shall require a further inspection and report. h) The Operator of a Mobile Restaurant shall ensure it is kept in a clean and presentable condition. The property on which the Mobile Restaurant is operating shall be maintained in a neat and tidy condition and all refuse shall be deposited in proper containers and disposed of by the Operator. i) No Operator shall hook up a Mobile Restaurant to a permanent electrical or other utility hook up. j) No Operator shall situate a Mobile Restaurant on any property unless it is expressly listed as a permitted use in the applicable zone for the property in the Zoning By-Law, with the exception of Motorized Street Service and Human Propelled Mobile Restaurants which Operate on public streets rather than on properties. k) No Operator shall Operate a Mobile Restaurant on a sidewalk or within 1 metre of a sidewalk, with the exception of Motorized Street Service and Human Propelled Mobile Restaurants which Operate on public streets. l) No Operator shall Operate a Mobile Restaurant from areas designated as public parking unless permission has been granted by the County. Motion CW-37-2023 and Motion CW-38-2023 m) No Operator of a Motorized Street Service Mobile Restaurant or Human Propelled Motorized Restaurant shall Operate on a public street in any one place for a stop greater than 15 minutes. n) No Operator of a Motorized Street Service Mobile Restaurant shall operate on street locations indicated in Schedule "B". o) No Operator shall park a Non-Cooking Motorized Street Service Mobile Restaurants on any street, lane or alley way where parking is prohibited, including any spaces with special parking designations such as loading zones, accessible parking etc. 2. Cooking Mobile Restaurants - Cooking Equipment a) The Operator of any Mobile Restaurant equipped with Cooking equipment shall operate in accordance with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 i. 2.6.1.12. (1) A cooking operation producing smoke or grease-laden vapours shall be provided with an exhaust system and fire protection system in accordance with N.F.P.A. 96 "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations". ii. 6.2.2.12. (1) Portable extinguishers suitable for Class K fires shall be provided to protect cooking operation. b) Commercial grade - Cooking equipment must be commercial-grade or intended for commercial use as stated in manufacturer recommendations. 3. Mobile Restaurants driven or towed on public roads a) Every Mobile Restaurant that is driven or towed on public roads shall at all times be Roadworthy and shall be licenced by the Ministry of Transportation. b) The issuance of a Licence under this By-Law does not act to exempt Operators from the provisions of the Highway Traffic Act and all traffic and parking by-laws of the County, or of the necessity for licencing and assuring that vehicles are Roadworthy as provided by the provisions of the Highway Traffic Act and other applicable legislation c) Have a Field Approval issued by Technical Standards and Safety Authority (TSSA) d) Have the Electrical Safety Authority conducts an inspection of the trailer and its components for compliance with the Ontario Electrical Safety Code. Mobile restaurants need to be wired according to CSA guidelines, however the electrical safety of all components working in conjunction with the trailer's electrical panel must be approved by ESA. 4. Annual License Types: Motion CW-37-2023 and Motion CW-38-2023 There shall be two categories of annual Licences: Cooking and Non-Cooking. Within each licence category are subcategories (Single Location, Transient, Human Propelled and/or Motorized Street Service) that further describe how the Mobile Restaurant is permitted to operate. The list of available annual Licence types is as follows: a. Cooking Single Location - A Cooking Mobile Restaurant that must Operate for the duration of the Licence at one location, that is indicated on the Licence, in a zone that is permitted by the Zoning By-Law for which the Operator has obtained the property owner's permission. b. Cooking Transient - A Cooking Mobile Restaurant that may move to multiple locations throughout the Licence period, in zones permitted by the Zoning By-Law for which the Operator has obtained the property owners' permission. c. Non-Cooking Single Location - A Non-Cooking Mobile Restaurant that must Operate for the duration of the Licence period at one location, that is indicated on the Licence, in a zone that is permitted by the Zoning By-Law for which the Operator has obtained the property owner's permission. d. Non-Cooking Transient - A Non-Cooking Mobile Restaurant that may move to multiple locations throughout the Licence period, in zones permitted by the Zoning By-Law for which the Operator has obtained the property owners' permission. e. Non-Cooking Human Propelled - A Non-Cooking Mobile Restaurant that is propelled by human muscle power that can move freely throughout the County, but that can only conduct sales on public streets. f. Non-Cooking Motorized Street Service - A Non-Cooking Mobile Restaurant that is motorized that can move freely throughout the County but that can only conduct sales on public streets. SECTION 3 - LICENCE APPLICATION AND ISSUANCE 1. Application Requirements A complete application for a Mobile Restaurant licence shall include: a. Competed Application Form - Applicants shall complete and submit a Mobile Restaurant Licence application to the County, as provided and amended from time to time under the provisions of this by-law. The application form shall include, but is not limited to the following information: i. Name and contact information of the Applicant; ii. Licence category and sub-category for which the Applicant is applying; and iii. Description of all Mobile Restaurant units including vehicle make, model, licence plate number (if applicable) and a description of the food stuffs to be cooked, prepared and/or sold. b. (i) Proof of Insurance showing that the Operator is covered by insurance for public liability and property damage in the minimum amount of $2,000,000 for all Licence types other than Non-Cooking Human Propelled. Human Propelled minimum amount shall be $1,000,000; however, the County reserves the right to request a lower amount of insurance if, in the sole opinion of the County, there is a lower level of risk associated Motion CW-37-2023 and Motion CW-38-2023 with the operation. Evidence of Auto Policy shall be provided for any vehicle or unit that is driven or towed on public roads. The County reserves the right to request additional insurance if, in the sole opinion of the County, the Mobile Restaurant poses a higher level of risk. The Licencee shall hold harmless and indemnify the County in all respects in the Operation of such Mobile Restaurant. (ii) Subject to section (i), the Operator at all times shall maintain: i. Commercial Commercial General Liability insurance subject to limits of not less than $2,000,000 (Two Million Dollars) per occurrence and naming the Prince Edward County as an additional insured but only with respect to the operations of the named insured. Coverage shall include but not limited to bodily injury, property damage and contain a cross liability clause. ii. Standard OAP 1 Automobile Policy subject to a limit not less than $2,000,000 (Two Million Dollars) for all licensed Motor Vehicles owned, leased or operated by the permit holder. iii. Upon the placement, renewal, amendment, or extension of all or any part of the insurance the owner/operator shall provide within (15) Fifteen business days confirmation of insurance to the Prince Edward County. c. Letters of Compliance/Proof of Inspection from: i. Prince Edward County Fire and Rescue; and ii. Medical Officer of Health. d. For Single Location Mobile Restaurants: The address of the location at which the Mobile Restaurant will Operate and a letter, lease agreement or other proof of approval from the property owner to Operate at the location(s) specified. e. License Application Fee paid in full, with the exception of Mobile Restaurants Operated by a Not for Profit Organization, for whom the Licence Application Fee shall be waived. f. Photo identification of the Applicant and/or Operator. g. Waiver confirming the Applicant has read and agrees to abide by the regulations as described in this by-law. 2. Licence Period a. The Licence period shall begin on January 1 and end on December 31. Licence Fees shall not be pro-rated for applications received after the start of the Licence period. SECTION 4 - SPECIAL EVENT MOBILE RESTAURANT PERMIT 1. Requirement for Special Events The Operator of any Mobile Restaurant that wishes to Operate at a Special Event in the County must have either a current and valid annual Licence (of any kind) or must obtain a Special Event Mobile Restaurant Permit. 2. Application Requirements Motion CW-37-2023 and Motion CW-38-2023 Applications for a Special Event Mobile Restaurant Permit must be received by the County at least ten (10) business days prior to the start of the desired licence period. A complete application for a Special Event Mobile Restaurant Permit shall include: a. Competed Application Form - Applicants shall complete and submit a Special Event Mobile Restaurant Permit application to the County, as provided and amended from time to time under the provisions of this by-law. The application form shall include, but is not limited to the following information: i. Name and contact information of the Applicant; ii. ii. Name, date, location and duration of the Special Event(s) at which they propose to Operate; iii. Start and end date of the desired licence period; and iv. Description of all Mobile Restaurant units including vehicle make, model, licence plate number (if applicable) and a description of the food stuffs to be cooked, prepared and/or sold. a. Proof of Current License from another Ontario jurisdiction that confirms that the Mobile Restaurant has been inspected satisfactorily by that jurisdiction's Public Health body and Fire Department. If a Mobile Restaurant cannot supply proof of a current valid licence from another Ontario jurisdiction, the Applicant will be required to obtain an annual Licence from the County, including inspections. b. Proof of Insurance showing that the Operator is covered by insurance for public liability and property damage in the minimum amount of $2,000,000 for all Licence types other than Non-Cooking Human Propelled, for which the minimum amount shall be $1,000,000. Evidence of Auto Policy shall be provided for any vehicle or unit that is driven or towed on public roads. The County reserves the right to request additional insurance if, in the sole opinion of the County, the mobile restaurant poses a higher level of risk. The Licencee shall hold harmless and indemnify the County in all respects in the Operation of such Mobile Restaurant. c. Permit Application Fee paid in full, with the exception of Mobile Restaurants Operated by a Not for Profit Organization, for whom the Permit Application Fee shall be waived. d. Photo identification of the Applicant and/or Operator. e. Waiver confirming the Applicant has read and agrees to abide by the regulations as described in this by-law. 2. Licence Period a. The Licence period shall be no more than ten (10) days in length and will be indicated by the Applicant on the application form. SECTION 5: REVOCATION, SUSPENSION OR LICENCE REFUSAL (as Amended by By-Law 190-2023) 1. The County may revoke, suspend or refuse to issue or renew a License where: a. the License would not qualify for a Licence or would be disentitled to a renewal of a licence on the grounds set out in this By-law; or Motion CW-37-2023 and Motion CW-38-2023 b. the License has been the subject of repeated, established complaints regarding the operation of the business; or c. the Licencee has been found by a By-law Enforcement Officer or their designate to have failed to comply with any of the provisions of this By-law. 2. A Person whose application for a License, or for a renewal of a License, has been refused or whose License has been suspended or revoked may, within fifteen (15) days of being notified of the refusal, suspension or revocation, as the case may be, appeal that decision to the Appeals Committee pursuant to the Appeals Committee By-Law 152-2023. 3. On appeal, the Appeals Committee has the power to affirm the decision of the County to refuse, suspend or revoke the permit, or to direct the County to issue, renew or reinstate the permit. 4. The Appeals Committee may, when reviewing a decision to deny, suspend or revoke a License, impose such terms or conditions on the License as are permitted under this By- Law and as the Appeals Committee considers appropriate. 5. Decisions of the Appeals Committee are final. SECTION 6: SEVERABILITY If any section or sections of this By-law or parts thereof are found by any Court to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all the other sections or parts of this By-law shall be deemed to be separate and independent there from and continue in full force and effect unless and until similarly found and this By-law shall be enacted as such. SECTION 7: PENALTIES 1. Any person who contravenes any provision of this bylaw is guilty of an offence and upon conviction shall be liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990. C. P.33 as amended. 2. Pursuant to the authority established in section 429 of the Municipal Act, S.O. 2001, c. 25 as amended, every person who contravenes any provision of this bylaw is guilty of an offence and upon conviction pursuant to Part III of the Provincial Offences Act R.S.O. 1990, c. P.33, as amended, shall be subject to the following penalties. Individuals: a. upon first conviction, to a fine of not more than $10,000; b. upon a subsequent conviction, to a fine of not more than $50,000. Businesses and corporations: a. upon first conviction, to a fine of not more than $20,000; b. upon a subsequent conviction, to a fine of not more than $100,000. Motion CW-37-2023 and Motion CW-38-2023 3. The provisions of this By-Law shall be enforced by a Municipal Law Enforcement Officer, Police Officer or other individual duly appointed by the County for the purpose of enforcing this By-Law. 4. Where a conflict arises between the provisions of this By-law and any other By-law of the County the more stringent provision shall apply. SECTION 8: SHORT TITLE The short title of this By-law is the Mobile Restaurant Licensing By-Law. SECTION 9: EFFECTIVE DATE This By-Law shall come into force and take effect on the date of its passing. Motion CW-37-2023 and Motion CW-38-2023 SCHEDULE "B" MOTORIZED STREET SERVICE MOBILE RESTAURANT PERMITTED OPERATING LOCATIONS Motorized Street Service Mobile Restaurants may Operate on public streets, with the following exceptions: In Town of Picton, may not Operate on: Street From To Picton Main Street Intersection of Lake Street Intersection of Johnson Street In Village of Wellington, may not Operate on: Street From To Wellington Main Street Intersection of Belleville Street Intersection of Consecon Street In Village of Bloomfield, ma not Operate on: Street From To Bloomfield Main Street 106 Bloomfield Main Street Intersection of Stanley Street CORPORATION OF THE COUNTY OF PRINCE EDWARD PART I Provincial Offences Act By-Law No. 48-2023, Being a By-Law to Licence, Regulate and Govern Mobile Restaurants in the County of Prince Edward ITEM COLUMN 1 Short Form Wording COLUMN 2 Provision creating or defining offence COLUMN 3 Set Fine 1. Operate any Mobile Restaurant without a Licence or Permit Schedule A, s. 2(1)(a) $600 2. Fail to display Licence Schedule A, s. 2(1(b) $100 3. Fail to present Licence on demand Schedule A, s. 2(1)(b) $100 4. Fail to comply with requirements of the Medical Officer of Health Schedule A, s. 2(1)(d) $200 5. Fail to dispose of refuse Schedule A, s. 2(1)(h) $200 6. Fail to ensure Mobile Restaurant is kept clean Schedule A, s. 2(1)(h) $200 7. Fail to ensure property is maintained in a neat and tidy condition Schedule A, s. 2(1)(h) $200 8. Hook up Mobile Restaurant to permanent utility hook up Schedule A, s. 2(1)(i) $200 9. Situate Mobile Restaurant on any property without permitted use in zoning Schedule A, s. 2(1)(j) $200 10. Operate a Mobile Restaurant on a sidewalk or within 1 metre of a sidewalk Schedule A, s. 2(1)(k) $200 11. Operate a Mobile Restaurant in public parking area without permission Schedule A, s. 2(1)(l) $200 12. Operate on a public street in any one place for a stop greater than 15 minutes Schedule A, s. 2(1)(m) $100 13. Operate in prohibited street location Schedule A, s. 2(1)(n) $200 14. Operate in street, lane or alley way where parking prohibited Schedule A, s. 2(1)(o) $200 NOTE: The penalty provision for the offences indicated above is Schedule A, section 7(1) of By-Law No. 48-2023, a certified copy of which has been filed. The fine amounts listed above have been approved by the Regional Senior Justice. Dated: September 15, 2023 Electronic Signature: W. Vincent Clifford Regional Senior Justice Ontario Court of Justice - East Region