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LICENCE
Chapter 875
REFRESHMENT VEHICLE
CHAPTER INDEX
Article 1
INTERPRETATION
875.1.1
Administrative Penalty By-law - defined
875.1.2
Agent - defined
875.1.3
Applicant - defined
875.1.4
By-law Enforcement Officer - defined
875.1.5
Commissioner - defined
875.1.6
Council - defined
875.1.7
Dairy and related products - defined
875.1.8
Driver - defined
875.1.9
License - defined
875.1.10
Licensee - defined
875.1.11
License Hearings Committee -defined
875.1.12
License certificate - defined
875.1.13
License plate - defined
875.1.14
Licensing Officer - defined
875.1.15
Medical Officer of Health - defined
875.1.16
Municipal By-law Enforcement Officer - defined
875.1.17
Motor vehicle - defined
875.1.18
Operator - defined
875.1.19
Penalty Notice - defined
875.1.20
Person - defined
875.1.21
Refreshment cart - defined
875.1.22
Refreshment vehicle - defined
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875.1.23
Refreshments - defined
875.1.24
Town - defined
875.1.25
Validation sticker - defined
Article 2
GENERAL PROVISIONS
875.2.1
Refreshment vehicle - license - required
875.2.2
Refreshment cart - license - required
875.2.3
Driver - of refreshment vehicle - license - required
875.2.4
Operator - as driver - refreshment driver's license
875.2.5
License - continuance - not vested right
875.2.6
Expiry - annually - June 30
875.2.7
Separate license - each vehicle - cart
875.2.8
Fee - license
875.2.9
Inspection - at any time - obstruction - prohibited
875.2.10
Certificates - permits - produced on demand
875.2.11
Identification - information - produced on demand
875.2.12
Change of information - reported - within seven days
875.2.13
Partnership - change of information - requirements
875.2.14
Corporation - change of information - requirements
875.2.15
Vehicle - drawn by animal - prohibited
875.2.16
Sales - prohibitions - from refreshment cart
875.2.17
Compliance - all provisions - licensed or not
Article 3
APPLICATION - GENERAL
875.3.1
Application - fee - acceptance - not approval
875.3.2
Investigation - as required - recommendations
875.3.3
License plate - sticker - issued - by Licensing Officer
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Article 4
APPLICATION - OWNER - OPERATOR
875.4.1
Information - on form - provided - to Licensing Officer
875.4.2
Information - additional - as required
875.4.3
Signed - owner - operator - partnership - corporation
875.4.4
Inspection - vehicle - at appointed place - time
Article 5
APPLICATION - DRIVER
875.5.1
Information - forms - provided - to Licensing Officer
875.5.2
Information - additional - as required
875.5.3
Appearance - in person
875.5.4 Photographed - by Licensing Officer
Article 6
PARTNERSHIP - CORPORATION
875.6.1
Partnership - partners - names - addresses
875.6.2
Partnership - as corporation
875.6.3
Corporation - shareholders - names - addresses - other
Article 7
VEHICLE - CART
875.7.1
Refreshment cart - operation - license - required
875.7.2
Operator - licensed vehicle - cart - only
875.7.3
Advertisement - promotion - endorsed name only
875.7.4
License plate - sticker - attached to vehicle - location
875.7.5
Vehicle - information - requirements - kept - all times
875.7.6
Mechanical defects - repaired - immediately
875.7.7
Employee - penalty - for compliance - prohibited
875.7.8
Vehicle - safe - approved - clean - good repair
875.7.9
Accidents reported - Licensing Officer - seventy-two hours
875.7.10 Operation - without appropriate license - prohibited
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Article 8
DRIVER - RESPONSIBILITY
875.8.1
Inspection - vehicle - daily - defects - reported
875.8.2
License certificate - carried - produced on demand
875.8.3
Civil - courteous behaviour - required
875.8.4
Operation - vehicle - licenses - approval - maintained
875.8.5
Alcohol - drugs - intoxicants - use - prohibited
875.8.6
Alcohol - drugs - sale - agent - prohibited
875.8.7
Information - given - on request - license number
875.8.8
Accidents - reported Licensing Officer - seventy-two hours
875.8.9
Medical certificate - required - upon request
Article 9
OPERATOR - RESPONSIBILITY
875.9.1
Operation - regulations - refreshment cart
875.9.2
Soft toned bell - chimes - only
875.9.3
Regulations - refreshment vehicle - cart - set out
875.9.4
Doors - windows - body - sound construction
875.9.5
Floor - impervious - free from holes - cracks
875.9.6
Equipment - dispensers - kept clean - sanitary
875.9.7
Refuse container - requirements
875.9.8
Refuse container - location - easily accessible
875.9.9
Refreshments - wrapped - sold - individual packages
875.9.10
Milk - cream - sugar - condiments - single service
875.9.11
Cutlery - plates - serviettes - disposable - only
875.9.12
Refrigeration - adequate - perishables
875.9.13
Business name - operator - painted - on vehicle
875.9.14
Clothing - hands - cleanliness - maintained - at all times
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Article 10
OPERATOR - DRIVER - RESPONSIBILITY
875.10.1
Operator - driver - regulations - set out
875.10.2
Vehicle - four-wheeled - motorized
875.10.3
Hot refreshments - temperature - maintained
875.10.4
Date of preparation - marked - on wrapper
875.10.5
Operation - between sunrise and sunset only
875.10.6
Service - restricted areas
875.10.7
Service - duration - fifteen minutes - in one place
Article 11
REPORT TO COUNCIL
875.11.1
Report to Council
Article 12
LICENCE NON-TRANSFERABLE WITHOUT COUNCIL APPROVAL
875.12.1
License not transferable
Article 13
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
875.13.1
License - entitlement
875.13.2
License refused - financial position
875.13.3
License refused - past conduct of applicant
875.13.4
License refused - contrary to public interest
875.13.5
License refused - activities in contravention
875.13.6
License refused - use of premises
875.13.7
License refused - applicant provides false information
875.13.8
License refused - information provided - accuracy
875.13.9
License refused - fee not paid
875.13.10
License refused - applicant - non-compliance
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875.13.11
License refused - equipment non-compliance
875.13.12
License refused - applicant is corporation
Article 14
COUNCIL'S POWER TO REFUSE TO ISSUE OR RENEW A LICENCE
875.14.1
Council's power to refuse to issue or renew a license
Article 15
REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE
875.15.1
License not issued - refund of fee
Article 16
ISSUANCE OF LICENCE ON TERMS AND CONDITIONS
875.16.1
License issued - terms and conditions
Article 17
COUNCIL'S POWER TO REVOKE OR SUSPEND A LICENCE
875.17.1
License revoked or suspended
875.17.2
Suspension - permitted - conditions - notice
875.17.3
Operation - while suspended - prohibited
875.17.4
Suspension - report to Council - recommendation
Article 18
REFUND OF FEE ON REVOCATION OF A LICENCE
875.18.1
License revoked - refund of fee
875.18.2
Refund of fee - not applicable
Article 19
CANCELLATION OF A LICENCE
875.19.1
License - cancelled
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Article 20
APPEALS TO THE LICENCE HEARINGS COMMITTEE
875.20.1
License refused - recommendation to Council
875.20.2
License refused - written notice
875.20.3
Written notice - contents
Article 21
NOTICE OF HEARING
875.21.1
Notice of hearing
Article 22
SERVICE OF WRITTEN NOTICE
875.22.1
Written notice - service
875.22.2
Written notice - service - via registered or certified mail
Article 23
HEARING BEFORE THE LICENCE HEARINGS COMMITTEE
875.23.1
Applicant does not attend
875.23.2
Recommendation to Council
Article 24
COUNCIL AUTHORITY AFTER THE HEARING
875.24.1
Council - recommendation of License Hearing Committee
Article 25
RETURN OF LICENCE AFTER REVOCATION OR SUSPENSION
875.25.1
License revoked - suspended - returned - Licensing Officer
875.25.2
License revoked - Licensing Officer to obtain license
Article 26
TRANSITION
875.26.1
By-law - previous
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Article 27
SEVERABILITY
875.27.1
Validity
Article 28 ENFORCEMENT
875.28.1 Fine - for contravention
Article 29
ADMINISTRATIVE PENALTIES
875.29.1
Alternative to Charge
875.29.2
Amount - Payment
875.29.3
Procedures
Article 30
REPEAL - ENACTMENT
875.30.1
By-law - previous
--------
WHEREAS section 150 of the Municipal Act, 2001, c. 25 authorizes the
Council of the Town of Richmond Hill to pass by-laws for licensing,
regulating and governing of any business wholly or partly carried on within
the municipality;
AND WHEREAS the Town of Richmond Hill deems it advisable to enact
a by-law to license, regulate and govern the operation of refreshment
vehicles within the Town;
AND WHEREAS purposes of consumer protection will be served by this
by-law through:
-
the establishment of a well-administered licensing and
regulatory system governing businesses to which the
by-law relates;
-
the requirement of accountability of licensees through
the disclosure of information, the requirement for
regular renewals and the ensuring of proper conduct;
-
ensuring that drivers and owners are competent to
provide services and that they provide equal, courteous
and fair treatment of customers;
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AND WHEREAS purposes of health and safety will be served by this
by-law through:
- the requirement that safe maintenance and operational
practices are observed by drivers and owners;
- ensuring that industry participants are accountable for
health and safety issues;
AND WHEREAS purposes of nuisance control will be served by this by-law
through:
- the promotion of professional behaviour, fair dealing
amongst participants in the industry, and courteous treatment
of customers, drivers and owners;
- the limitation or mitigation of unsightliness, unnecessary
noise, nuisance or disruption for clients, drivers, owners and
the general public;
- the limitation of the time that a refreshment vehicle may be
stopped at any location;
AND WHEREAS Council at its meeting of December 12, 2005 adopted the
recommendations of the Committee of the Whole at its meeting of November 30,
2005 in SRPD.05.183;
AND WHEREAS a public meeting was held in accordance with section 150 of
the Municipal Act, 2001 on November 30, 2005;
AND WHEREAS notice of the intention to pass this by-law was given on
November 15, 2005 in accordance with the provisions of Chapter 278 of the
Town of Richmond Hill Municipal Code - Public Notice.
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Article 1
INTERPRETATION
875.1.1
Administrative Penalty By-law
"Administrative Penalty By-law" means the Corporation's By-law No.
69-16, as amended or superseded, establishing a system of administrative
Penalties. By-law 59-23, 14 June, 2023
875.1.2
Agent - defined
"agent" means a natural individual authorized to act on behalf of a person in
doing anything that can, by this Chapter, be done by an agent.
875.1.3
Applicant - defined
"applicant" means a person applying for a license under this Chapter. By-law
194-05, 12 December, 2005.
875.1.4
By-law Enforcement Officer - defined
"By-law Enforcement Officer" means any person appointed by the Com-
missioner as a By-law Enforcement Officer for the Town. By-law 145-08, 14
July, 2008.
875.1.5
Commissioner - defined
"Commissioner" means the Commissioner of Community Services of The
Corporation of the Town of Richmond Hill. By-law 89-10, 11 June, 2019.
875.1.6
Council - defined
"Council" means the Council of The Corporation of the Town of Richmond
Hill in the Regional Municipality of York.
875.1.7
Dairy and related products - defined
"dairy and related products" means milk or cream based products or artificial
substances commonly associated therewith and includes frozen flavoured liquid
wrapped and sold in individual packages.
875.1.8
Driver - defined
"driver" means any person who operates or has the care and control of a
refreshment vehicle, but shall not include an operator as defined in this Chapter.
875.1.9
License - defined
"license" means authorization under this Chapter to carry on the trade or
business specified in this Chapter.
875.1.10
Licensee - defined
"licensee" means any person licensed under this Chapter.
875.1.11
License Hearings Committee - defined
"License Hearings Committee" means a committee of Council duly appointed
to conduct hearings under this Chapter.
875.1.12
License certificate - defined
"license certificate" means the document issued by the Licensing Officer
evidencing the authorization under this Chapter to carry on the trade or business
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specified herein and allowed under this Chapter.
875.1.13
License plate - defined
"license plate" means the plate issued to an operator under this Chapter. By-
law 194-05, 12 December, 2005.
875.1.14
Licensing Officer - defined
"Licensing Officer" means a person appointed by the Commissioner from time
to time to issue licenses. By-law 145-08, 14 July, 2008.
875.1.15
Medical Officer of Health - defined
"Medical Officer of Health" means the Medical Officer of Health of The
Regional Municipality of York.
875.1.16
Motor vehicle - defined
"motor vehicle" means any vehicle powered by a motor and equipped to travel
on roads, but shall not include a farm tractor, self-propelled implement of
husbandry, road building machine, motorcycle, or motor assisted bicycle.
875.1.17
Municipal By-law Enforcement Officer
"Municipal By-law Enforcement Officer" means an individual appointed for the
purpose of enforcing the provisions of this by-law or all of the bylaws of the
Corporation. By-law 59-23, 14 June, 2023.
875.1.18
Operator - defined
"operator" means:
(a) a person who is the owner of a refreshment vehicle or a refreshment cart,
including a person who is the registered owner of a refreshment vehicle
according to the records maintained by the Registrar of Vehicles for the
Province of Ontario; and
(b) a person who has the care and control of a refreshment vehicle or refreshment
cart under a lease or other rental agreement; provided, where a person has
the exclusive care and control of a refreshment vehicle or refreshment cart
under a lease or other rental agreement; "operator" shall not include a
person who is the owner of the refreshment vehicle or a person who is the
registered owner of the refreshment vehicle according to the records
maintained by the Registrar of Vehicles for the Province of Ontario.
875.1.19
Penalty Notice - defined
"Penalty Notice" means a notice in relation to a contravention of this bylaw
issued pursuant to the Administrative Penalty By-law. By-law 59-23, 14 June,
2023.
875.1.20
Person - defined
"person" means an individual, firm, corporation, association or partnership.
875.1.21
Refreshment cart - defined
"refreshment cart" means a device, other than a motor vehicle, which is used or
is to be used for the sale of refreshments.
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875.1.22
Refreshment vehicle - defined
"refreshment vehicle" means a motor vehicle which is used or is to be used for
the sale of refreshments.
875.1.23
Refreshments - defined
"refreshments" means food or drink.
875.1.24
Town - defined
"Town" means The Corporation of the Town of Richmond Hill in the Regional
Municipality of York.
875.1.25
Validation sticker - defined
"validation sticker" means the sticker issued to an operator under this Chapter
to be affixed to the license plate.
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Article 2
GENERAL PROVISIONS
875.2.1
Refreshment vehicle - license - required
There shall be taken out by every operator of a refreshment vehicle a license
authorizing him or her to carry on the trade, calling, business or occupation of
hawking, peddling or selling refreshments in the Town from such vehicle and no
person shall, within the geographic limits of the Town, carry on or engage in the
said trade, calling, business or occupation until he or she has procured a license
to do so and such license shall be known as a refreshment vehicle operator's
license.
875.2.2
Refreshment cart - license - required
There shall be taken out by every operator of a refreshment cart a license
authorizing him or her to carry on the trade, calling, business or occupation of
hawking, peddling or selling refreshments in the Town from such cart and no
person shall, within the geographic limits of the Town, carry on or engage in said
trade, calling, business or occupation until he or she has procured a license to do
so and such license shall be known as a refreshment cart operator's license.
875.2.3
Driver - of refreshment vehicle - license - required
There shall be taken out by every driver of a refreshment vehicle, a license
authorizing him or her to drive or operate a refreshment vehicle in the Town and
no person shall, within the geographic limits of the Town, carry on or engage in
the said trade, calling, business or occupation until he or she has procured a
license to do so and such license shall be known as a refreshment driver's license.
875.2.4
Operator - as driver - refreshment driver's license
Despite anything to the contrary in this Chapter, and for greater particularity, no
operator shall drive or act as a driver of a refreshment vehicle unless he or she
is licensed as a driver under this Chapter.
875.2.5
License - continuance - not vested right
No person shall enjoy a vested right in the continuance of a license and the value
of a license, including the license certificate and the license plate, shall be the
property of the Town and shall remain so irrespective of the issuance, renewal or
revocation of such license.
875.2.6
Expiry - annually - June 30 - Events and City Property
Exception
The licenses for the several trades, callings, businesses and occupations
set out in this Chapter shall terminate on the 30th day of June in the year
endorsed upon the license certificate, unless they are obtained solely for the
purpose of operating on City property, in which case they will expire in
accordance with the applicable City permission. By-law 59-23, 14 June, 2023.
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Chapter 875
REFRESHMENT VEHICLE
875.2.7
Separate license - each vehicle - cart
An operator shall apply for and obtain a license for each refreshment vehicle and
for each refreshment cart operated by him or her within the geo- graphic limits
of the Town and, where such license is for a refreshment vehicle, the Licensing
Officer shall endorse on the license certificate the number of the current permit
for that vehicle issued pursuant to the High- way Traffic Act.
875.2.8
Fee - license - special event exception
Prior to obtaining a license under this Chapter, every applicant shall pay to the
City the fee set forth in the City's most recent by-law imposing fees and charges
known as the Tariff of Fees By-law. Notwithstanding the foregoing, no license
fee shall be payable for a license obtained pursuant to the requirements of this
Chapter to operate on City property for City-led special events in accordance
with a permission issued by the Commissioner of Community Services (or any
successor position) or their designate. By-law 59-23, 14 June, 2023.
875.2.9
Inspection - at any time - obstruction - prohibited
The Licensing Officer, a By-law Enforcement Officer or a police officer may at
any time inspect any refreshment vehicle or refreshment cart to ensure that the
provisions of this Chapter have been and are being complied with and the person
who has the care and control of such refreshment vehicle or refreshment cart
shall provide the Licensing Officer, the By-law Enforcement Officer or the
police officer with free and unobstructed access to the vehicle or cart.
875.2.10
Certificates - permits - produced on demand
Upon inspection under Section 875.2.9, the Licensing Officer, a By-law
Enforcement Officer or a police officer is entitled to request and have produced
all relevant license certificates and permits and other documents of the person
being inspected related to the business for which a license is required under this
Chapter and the person who has the care and control of such refreshment vehicle
or refreshment cart shall immediately produce such license certificates, permits
or other documents for inspection.
875.2.11
Identification - information - produced on demand
The Licensing Officer, a By-law Enforcement Officer or a police officer may,
where there is reasonable and probable grounds that an offence under this
Chapter has been committed, request any person believed to have committed
such offence to provide suitable identification and information and where such
person is licensed by the Town or any other municipality, to produce all relevant
licenses or permits and such person shall immediately produce such licenses or
permits for inspection.
875.2.12
Change of information - reported - within seven days
Where there is to be any change in any of the particulars relating to a licensee,
which particulars are required to be filed with the Town on applying for a license
under this Chapter, such licensee shall report the change to the Town within
seven days of the change.
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875.2.13
Partnership - change of information - requirements
Where a licensee is a partnership and there is to be a change in the composition of
the partnership, the licensee shall obtain the approval of the Town to such
change prior thereto, failing which, the license may be revoked, provided,
where there has been a transfer of a majority or controlling interest in the
partnership since the license was issued, either by one transaction or a number
thereof and regardless of whether any such prior transfer was with or without the
approval of the Town, the license shall be automatically revoked.
875.2.14
Corporation - change of information - requirements
Where a licensee is a corporation and there is to be a change in the composition of
the shareholders, such licensee shall obtain the approval of the Town to such
change prior thereto, failing which, the license may be revoked, and where the
transfer results in a new person or persons acquiring a controlling interest in the
corporation since the license was issued, either by one transaction or a number
thereof and regardless of whether any such prior transfer was with or without
the approval of the Town, the license shall be automatically revoked.
875.2.15
Vehicle - drawn by animal - prohibited
No refreshments shall be sold from a refreshment vehicle or other device
drawn by an animal.
875.2.16
Sales - prohibitions - from refreshment cart
No person shall hawk, peddle or sell refreshments from a refreshment cart
except:
(a) Within a building by or on behalf of the person who is the lawful
owner or tenant of such building, or part thereof, that person carries on a
full-time commercial business therein related to the hawking, peddling
or selling of refreshments; or
(b) Outside a building described in paragraph (a) with the written
permission of the lawful owner or tenant of such building.
Items hawked, peddled or sold from a refreshment cart may only include items
such as dairy, hot dogs and related products. By-law 89-21, 23 June, 2021.
875.2.17
Compliance - all provisions - licensed or not
Every person shall comply with the provisions of this Chapter applicable to
him or her whether or not he or she is licensed under this Chapter.
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Article 3
APPLICATION - GENERAL
875.3.1
Application - fee - acceptance - not approval
Acceptance of the application and/or the license fee by the Town shall not
represent approval of the application for the issuance of a license nor shall it
obligate the Town to issue such license.
875.3.2
Investigation - as required - recommendations
Without limiting the generality of any other provision in this Chapter, every
application for a license may be submitted by the Licensing Officer to the Medical
Officer of Health, the York Region Police Department and any other government
official or functionary for a report or comment, and where any such report or
comment is negative or unfavourable to the applicant, the Licensing Officer may
recommend refusal of the license to Council under Article 13.
875.3.3
License plate - sticker - issued - by Licensing Officer
When an application for a license is made in accordance with the provisions of
this Chapter and the applicant meets all the requirements of this Chapter the
Licensing Officer shall issue a license certificate which shall set out the expiry
date of the license in accordance with Section 875.2.6 and all supplementary
material and the applicant shall thereby be licensed and, where the license is a
refreshment vehicle operator's license or a refreshment cart operator's license,
the Licensing Officer shall issue a license plate and/or a validation sticker for the
respective refreshment vehicle or refreshment cart.
Article 4
APPLICATION - OWNER - OPERATOR
875.4.1
Information - on form - provided - to Licensing Officer
Every applicant for a refreshment vehicle owner's license and every applicant
for a refreshment cart operator's license shall complete the forms prescribed by
the Licensing Officer and provide all information requested thereon.
875.4.2
Information - additional - as required
Every applicant for a refreshment vehicle owner's license and every applicant
for a refreshment cart operator's license shall furnish to the Licensing Officer
such information as the Licensing Officer may direct.
875.4.3
Signed - owner - operator - partnership - corporation
Every applicant for a refreshment vehicle owner's license and every applicant for
a refreshment cart operator's license shall appear in person or by an agent at the
offices of the Licensing Officer, provided, in the case of a refreshment vehicle or
refreshment cart owned or operated by a partner- ship, such appearance may be
made by one of the partners or an agent, provided the application shall be signed
by all of the partners, and, in the case of a refreshment vehicle or a refreshment cart
owned or operated by a corporation, such appearance shall be made by an officer
or agent of the corporation, provided the application shall be signed by the
corporation, and for greater particularity, any affidavit verifying the information
contained in the application and any other forms, other than the application itself,
may be signed by the person authorized to appear as set out herein.
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875.4.4
Inspection - vehicle - at appointed place - time
Repealed. By-law 89-21, 23 June, 2021.
Article 5
APPLICATION - DRIVER
875.5.1
Information - forms - provided - to Licensing Officer
Every applicant for a refreshment vehicle driver's license shall complete the
forms prescribed by the Licensing Officer and provide all information requested
thereon.
875.5.2
Information - additional - as required
Every applicant for a refreshment vehicle driver's license shall furnish to the
Licensing Officer such information as the Licensing Officer may direct.
875.5.3
Appearance - in person
Every applicant for a refreshment vehicle driver's license shall appear in person
at the offices of the Licensing Officer.
875.5.4
Photographed - by Licensing Officer
Every applicant for a refreshment vehicle driver's license shall submit to having
his or her photograph taken by the Licensing Officer.
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Article 6
PARTNERSHIP - CORPORATION
875.6.1
Partnership - partners - names - addresses
Without limiting the generality of any other provision in this Chapter, persons
associated in a partnership applying for a license under this Chapter shall provide
to the Licensing Officer the full name of every partner and the address of his or
her ordinary residence.
875.6.2
Partnership - as corporation
If any member of a partnership applying for a license is a corporation, such
partnership shall be deemed to be a corporation applying for a license and if such
license is issued to the partners, the partnership shall be deemed to be a corporation
which holds the license under this Chapter.
875.6.3
Corporation - shareholders - names - addresses - other
Without limiting the generality of any other provision in this Chapter, every
corporation applying for a license shall provide the Licensing Officer with the full
name of every shareholder and the address of his or her ordinary residence and
shall file with the Licensing Officer, at the time of making its application, a copy
of its articles of incorporation or other incorporating document or documents.
Article 7 VEHICLE - CART
875.7.1
Refreshment cart - operation - license - required
No person shall operate a refreshment cart for which the operator thereof has not
obtained a refreshment cart operator's license.
875.7.2
Operator - licensed vehicle - cart - only
No operator of a refreshment vehicle or refreshment cart shall operate a
refreshment vehicle or a refreshment cart or permit a refreshment vehicle or a
refreshment cart to be operated except one in respect of which a license has been
issued under this Chapter.
875.7.3
Advertisement - promotion - endorsed name only
No operator of a refreshment vehicle or refreshment cart shall advertise or promote
or carry on the business for which he or she is required to have a license under this
Chapter under any name other than the name endorsed upon his or her license
certificate.
875.7.4
License plate - sticker - attached to vehicle - location
No operator of a refreshment vehicle or refreshment cart shall operate a
refreshment vehicle or refreshment cart or permit a refreshment vehicle or
refreshment cart to be operated without the license plate for that vehicle or cart,
together with the validation sticker attached to the license plate in a location
approved by the Licensing Officer, affixed to such vehicle or cart in a location
approved by the Licensing Officer.
875.7.5
Vehicle - information - requirements - kept - all times
Every operator of a refreshment vehicle shall keep at all times in the refreshment
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vehicle the original or a photostatic copy of the original of each of the following
documents:
(a) the current permit for that vehicle issued pursuant to the Highway Traffic
Act;
(b) the current refreshment vehicle operator's license certificate issued
under this Chapter.
875.7.6
Mechanical defects - repaired - immediately
Every operator of a refreshment vehicle shall repair any mechanical defect in the
vehicle of which he or she has knowledge and not permit or re- quire the vehicle
to be operated until this has been done.
875.7.7
Employee - penalty - for compliance - prohibited
No operator of a refreshment vehicle shall dismiss, threaten to dismiss,
discipline or suspend an employee, or impose a penalty upon the employee, or
intimidate or coerce the employee because the employee has acted in accordance
with or sought enforcement of this Chapter.
875.7.8
Vehicle - safe - approved - clean - good repair
No operator of a refreshment vehicle shall operate a refreshment vehicle, except
one that meets the standards required for approval under a Ministry of
Transportation of Ontario vehicle inspection or meets the standards for a safety
standards certificate issued under the Highway Traffic Act and is clean and in
good repair, without exterior body damage or rust.
875.7.9
Accidents reported - Licensing Officer - seventy-two hours
Every operator of a refreshment vehicle shall report to the Licensing Officer all
accidents involving the attention or attendance of a police officer, or where such
attention or attendance is required by law, within seventy- two hours and at that
time, or, at the option of the Licensing Officer, at a later time designated by him
or her, deliver the refreshment vehicle to the Licensing Officer for inspection
after which the Licensing Officer may suspend the license if in the Licensing
Officer's opinion the refreshment vehicle cannot safely be operated.
875.7.10 Operation - without appropriate license - prohibited
No operator of a refreshment vehicle shall permit any person without having a
valid and subsisting refreshment vehicle driver's license to operate a
refreshment vehicle owned or controlled by him or her.
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Article 8
DRIVER - RESPONSIBILITY
875.8.1
Inspection - vehicle - daily - defects - reported
Every driver shall, each day before commencing the operation of the refreshment
vehicle, examine the vehicle for mechanical defects and interior or exterior
damage to the vehicle and shall report forthwith any defects found to the operator
of the refreshment vehicle and shall not operate such vehicle until the mechanical
defects so reported are corrected.
875.8.2
License certificate - carried - produced on demand
Every driver shall have available at all times and produce, on request of the
Licensing Officer or a passenger, the license certificate issued to him or her under
this Chapter, his or her Ontario driver's license and proof of public liability
insurance, provided the driver shall at all times wear the license certificate issued
to him or her under this Chapter in open view in a manner satisfactory to the
Licensing Officer so that it can be readily read and viewed by a member of the
public.
875.8.3
Civil - courteous behaviour - required
Every driver shall be civil and behave courteously.
875.8.4
Operation - vehicle - licenses - approval - maintained
No driver shall operate a refreshment vehicle except a refreshment vehicle which:
(a) in respect of which a refreshment vehicle operator's license has been
issued under this Chapter;
(b) meets the standards required for approval under a Ministry of
Transportation of Ontario vehicle inspection or meets the standards
for a safety standards certificate issued under the Highway Traffic Act;
and
(c) is clean, and in good repair as to its exterior, free from exterior body
damage and with a well maintained exterior paint finish.
875.8.5
Alcohol - drugs - intoxicants - use - prohibited
No driver shall be under the influence or consume or have in his or her
possession any alcohol, drugs, other than drugs prescribed by a duly qualified
medical practitioner and which do not and may not impair his or her ability to
operate the vehicle, or intoxicants while he or she is in charge of a refreshment
vehicle.
875.8.6
Alcohol - drugs - sale - agent - prohibited
No driver shall buy or sell or act as an agent of a person in buying or selling alcohol,
drugs or intoxicants or give information as to where illicit intoxicants or drugs may
be obtained.
875.8.7
Information - given - on request - license number
Every driver shall, upon the request of any person, give his or her name, the number
of the license certificate issued to him or her under the provisions of this Chapter,
the number of the license plate and the provincial motor vehicle license number.
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875.8.8
Accidents - reported Licensing Officer - seventy-two hours
Every driver shall report to the Licensing Officer all accidents involving the
attention or attendance of a police officer, or where such attention or attendance is
required by law, within seventy-two hours.
875.8.9
Medical certificate - required - upon request
Every driver shall provide the Licensing Officer at any time, upon request by him
or her, with a certificate prepared by a duly qualified medical practitioner attesting
as to whether or not the said driver is physically fit and able to operate a motor
vehicle and is free from all contagious diseases.
Article 9
OPERATOR - RESPONSIBILITY
875.9.1
Operation - regulations - refreshment cart
Every operator of a refreshment cart shall, in the operation of the refreshment cart,
comply with and ensure compliance with the regulation set out in Section 875.9.2.
875.9.2
Soft toned bell - chimes - only
No refreshment cart shall be equipped with any sounding device for attracting
attention other than a soft toned bell or chime.
875.9.3
Regulations - refreshment vehicle - cart - set out
Every operator shall, in the operation of a refreshment vehicle or a refreshment cart,
comply with and ensure compliance with the regulations set out in Sections 875.9.4
through 875.9.13 inclusive.
875.9.4
Doors - windows - body - sound construction
The body, doors and windows of such refreshment vehicle or refreshment cart shall
be of sufficiently sound construction to provide reasonable protection against dust,
dirt, flies and other injurious matter or things.
875.9.5 Floor - impervious - free from holes - cracks
The floor of such refreshment vehicle or refreshment cart shall be of a suitable
impervious material, free of holes, cracks or crevices, and the surface thereof shall
be readily washable and shall be kept clean and in good condition.
875.9.6 Equipment - dispensers - kept clean - sanitary
The refreshment vehicle or refreshment cart and all parts and equipment thereof
for use in the dispensing of refreshments shall at all times be kept in a clean and
sanitary condition and in good repair.
875.9.7 Refuse container - requirements
Every refreshment vehicle or refreshment cart shall be equipped with either:
(a) a metal refuse container with a self-closing lid which shall be kept in a
clean and sanitary condition and emptied at least once daily; or
(b) a disposable litter container which shall be replaced at least once daily;
and such container shall be used for the disposal of all refuse.
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875.9.8 Refuse container - location - easily accessible
Every refuse container shall be located in such a position on the refreshment
vehicle or refreshment cart so as to be easily accessible by persons making
purchases while the refreshment vehicle or refreshment cart is stopped.
875.9.9 Refreshments - wrapped - sold - individual packages
Repealed. By-law 89-21, 23 June, 2021.
875.9.10 Milk - cream - sugar - condiments - single service
Milk, cream, sugar and all condiments shall be in single service containers only.
875.9.11 Cutlery - plates - serviettes - disposable - only
Only disposable forks, knives, spoons, cups, plates and serviettes shall be used.
875.9.12 Refrigeration - adequate - perishables
Adequate refrigeration as determined by the Medical Officer of Health shall be
equipped and maintained in each refreshment vehicle or refreshment cart for
perishable refreshments which shall be kept so refrigerated.
875.9.13
Business name - operator - painted - on vehicle
Each refreshment vehicle or refreshment cart shall have clearly and legibly
painted or posted on both sides of the vehicle or cart the name of the
operator or the business name endorsed upon the refreshment vehicle
operator's license or the refreshment cart operator's license.
875.9.14
Clothing - hands - cleanliness - maintained - at all times
Every person selling or handling refreshments shall wear clean clothes, be
clean and neat in appearance and maintain clean hands at all times.
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Article 10
OPERATOR - DRIVER - RESPONSIBILITY
875.10.1 Operator - driver - regulations - set out
Every operator of a refreshment vehicle and every driver shall, in the operation of
the refreshment vehicle, comply with and ensure compliance with the following
regulations set out in Sections 875.10.2 through 875.10.7 inclusive.
875.10.2
Vehicle - four-wheeled - motorized
The refreshment vehicle from which the refreshments are sold shall be of a four-
wheeled motor vehicle type.
875.10.3
Hot refreshments - temperature - maintained
Vehicles which dispense prepared hot refreshments shall be equipped to maintain
such refreshments at a temperature approved by the Medical Officer of Health.
875.10.4
Date of preparation - marked - on wrapper
The date of preparation shall be clearly and legibly marked on or affixed to the
wrapper of each prepared non-liquid refreshment, including but not limited to
sandwiches, hamburgers and hot dogs.
875.10.5
Operation - between sunrise and sunset only
Every refreshment vehicle shall operate only between the hours of sunrise of any day
and sunset of the same day.
875.10.6
Service - restricted areas
The operation of a Refreshment Vehicle shall be restricted to locations
within industrial, commercial or retail zones, or at temporary construction sites.
Notwithstanding the foregoing, a Refreshment Vehicle may be operated on City
property with approval granted in the form of a permission from the Commissioner
of Community Services (or any successor position) or their designate. By-law 59-
23, 14 June, 2023.
875.10.7
Service - duration - fifteen minutes - in one place
The operation of a Refreshment Vehicle shall be restricted such that the vehicle
goes from place to place and does not remain in one place, while · operating for a
length of time in excess of fifteen minutes, unless written permission has been
provided by the property owner for a longer duration.
By-law 89-21, 23 June, 2021.
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Article 11
REPORT TO COUNCIL
875.11.1 Report to Council
Where the Commissioner is of the opinion that an applicant for a license does not
comply with any one or all of the conditions set out in Article 13 of this Chapter,
the Commissioner shall, upon the request of the applicant, report to Council and
Council may, upon consideration of the report of the Commissioner, direct the
Licensing Officer to issue the license if, in the opinion of Council, the said
conditions have been satisfied.
Article 12
LICENCE NON-TRANSFERABLE WITHOUT COUNCIL APPROVAL
875.12.1 License not transferable
A license issued under this Chapter shall not be transferred or assigned by the
license holder without the consent of Council upon the recommendation of the
Commissioner.
Article 13
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
875.13.1
License - entitlement
An applicant is entitled to be licensed and a licensee is entitled to have his or her
license renewed.
875.13.2
License refused - financial position
Notwithstanding Section 875.13.1, a license may not be issued or renewed
where, having regard to his or her financial position, the applicant or licensee
cannot reasonably be expected to be financially responsible in the conduct of the
business which is to be licensed or is licensed.
875.13.3
License refused - past conduct of applicant
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
the past conduct of the applicant or licensee affords reason- able grounds for the
belief that the applicant or licensee will not carry on the activity for which he or
she is to be licensed, in accordance with law and with integrity and honesty.
875.13.4
License refused - contrary to public interest
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
the issuance of the license or renewal of the license would be contrary to the
public interest.
875.13.5
License refused - activities in contravention
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
the applicant or licensee is carrying on activities that are, or will be, if the applicant
is licensed, in contravention of this Chapter.
875.13.6
License refused - use of premises
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
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there are reasonable grounds for belief that the nature, condition or use of the
premises, or any equipment, vehicle or other personal property used or to be used
by the applicant or licensee in the carrying on or engaging of the business would
involve non-compliance with any pro- vision of this Chapter or any other law.
875.13.7
License refused - applicant provides false information
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
there are reasonable grounds for belief that any application or any other document
or information provided by or on behalf of the licensee or applicant, contains a
false statement or provides false information.
875.13.8
License refused - information provided - accuracy
Notwithstanding Section 875.13.1, a license may not be issued or renewed
where the information provided to the Town by or on behalf of the applicant or
licensee, whether oral or in writing, has ceased to be accurate, and the applicant or
licensee has not provided up-to-date accurate information to the Town sufficient
to allow the Council to conclude that the license should be granted or
maintained as valid and subsisting.
875.13.9
License refused - fee not paid
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
the fee payable in respect of the license applied for has not been paid.
875.13.10
License refused - applicant - non-compliance
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
the applicant does not comply or ensure compliance with any condition imposed
under this Chapter upon the business or upon the licensee, as a requirement of
obtaining, continuing to hold or renewing a license.
875.13.11
License refused - equipment non-compliance
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
there are reasonable grounds for belief that the vehicle, equipment or facilities in
respect of which the license is issued or required do not comply with the provisions
of this Chapter or any other law.
875.13.12
License refused - applicant is corporation
Notwithstanding Section 875.13.1, a license may not be issued or renewed where
if the applicant or licensee is a corporation,
(a)
having regard to its financial position, it cannot reasonably be expected
to be financially responsible in the conduct of the business for which it
is to be licensed;
(b)
the past conduct of the officers or directors affords reasonable grounds
for the belief that the applicant or licensee will not carry on the activity
for which he or she is to be licensed or continue to be licensed in
accordance with law;
(c)
the issuance of the license or renewal of the license would be contrary to
the public interest; or
(d)
it is carrying on activities that are, or will be, if the applicant is licensed,
in contravention of this Chapter.
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Article 14
COUNCIL'S POWER TO REFUSE TO ISSUE OR RENEW A LICENCE
875.14.1
Council's power to refuse to issue or renew a license
Council may refuse to issue or renew a license or may refuse to renew a license,
where the applicant or licensee would be disentitled to a license for any of the
reasons set out in Article 13.
Article 15
REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE
875.15.1
License not issued - refund of fee
When an application for a license or renewal of a license is refused, the applicant
is entitled to apply to the Licensing Officer for a refund of up to 50 per cent of the
application processing fee.
Article 16
ISSUANCE OF LICENCE ON TERMS AND CONDITIONS
875.16.1
License issued - terms and conditions
Notwithstanding any other provision of this Chapter, Council may issue a license
or renew a license subject to such terms and conditions as are necessary to give
effect to this Chapter, if first consented to by the applicant or licensee; or, if
recommended by the License Hearings Committee after a hearing as provided for
in Section 875.20.1 of this Chapter.
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Article 17
COUNCIL'S POWER TO REVOKE OR SUSPEND A LICENCE
875.17.1
License revoked or suspended
Council may revoke or suspend a license where the licensee would be
disentitled to a renewal of a license on the grounds set out in Article 13 of this
Chapter.
875.17.2
Suspension - permitted - conditions - notice
The Licensing Officer may suspend a license where:
(a) he or she has reasonable grounds to believe that the licensee would not
be entitled to a renewal of a license for the reasons set out in Article 13;
(b) he or she has reasonable grounds to believe that the licensee has
committed any breach of a provision of the Highway Traffic Act, the
Liquor Control Act, or the Criminal Code of Canada; or
(c) where the license is a refreshment vehicle operator's license and the
refreshment vehicle has been involved in an accident involving the
attention or attendance of a police officer, or where such attention or
attendance was required by law, and, in the opinion of the Licensing
Officer the refreshment vehicle cannot safely be operated, and such
suspension shall take effect upon the delivery of notice thereof to the
licensee and the license shall remain suspended until the Licensing
Officer reinstates the license or the hearing of the matter by the Council to
determine whether the license should be revoked.
875.17.3
Operation - while suspended - prohibited
No person shall, within the geographic limits of the Town, carry on or engage in the
trade, calling, business or occupation for which a license under this Chapter has
been suspended until such license has been reinstated.
875.17.4
Suspension - report to Council - recommendation
Following suspension of a license under Section 875.17.2, the Licensing Officer
shall prepare a written report to the Council advising of the suspension and:
(a)
recommending that the License Hearings Committee hold a hearing to
determine whether the suspension should continue, or be terminated, and
whether the Committee should give consideration to whether or not the
license should be revoked or otherwise dealt with pursuant to this
Chapter; or
(b)
recommending reinstatement of the license on the basis that the
conditions leading to the suspension have been remedied; or
(c)
recommending that no action be taken upon the termination of the
suspension.
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Article 18
REFUND OF FEE ON REVOCATION OF A LICENSE
875.18.1
License revoked - refund of fee
When a license is revoked under Section 875.17.1, the licensee is entitled to apply
to the Licensing Officer for a refund of that part of the license fee which is
proportionate to the unexpired part of the term for which the license was issued.
875.18.2
Refund of fee - not applicable
The provisions of Section 875.18.1 do not apply when the unexpired part of the
term is less than four months.
Article 19
CANCELLATION OF A LICENCE
875.19.1 License - cancelled
Any license issued under this Chapter may be cancelled by the Licensing Officer
at any time, upon the written request of the licensee.
Article 20
APPEALS TO THE LICENCE HEARINGS COMMITTEE
875.20.1
License refused - recommendation to Council
When an applicant or a licensee is not entitled to be licensed or to have his or her
license renewed for any of the grounds set out in Article 13, the Licensing Officer
shall recommend to Council that Council shall refuse to issue or renew the
license, or that Council suspend or revoke the license, or, subject to Section
875.16.1, that Council issue a license on terms and conditions.
875.20.2
License refused - written notice
Before Council refuses to issue or refuses to renew a license, or revokes or
suspends or cancels a license, a written notice advising the applicant or licensee of
the recommendation being made by the Licensing Officer to Council with
respect to the license, shall be given to the applicant or licensee by the Licensing
Officer.
875.20.3
Written notice - contents
The written notice to be given under Section 875.20.2, shall:
(a) set out the grounds for the recommendation;
(b) give reasonable particulars of the grounds,
(c) be signed by the Licensing Officer,
(d) inform the applicant or licensee that he or she is entitled to a hearing
before the License Hearings Committee, if he or she delivers, within
seven days after the date of service of the written notice, or the date of
personal service of the written notice, whichever is later, a written
request for a hearing before the License Hearings Committee.
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Article 21
NOTICE OF HEARING
875.21.1 Notice of hearing
On receipt of a written request for a hearing from an applicant or a licensee, the
Licensing Officer shall require that the Clerk of the Town convene a meeting of
the License Hearings Committee and shall give the applicant or licensee
reasonable written notice thereof.
Article 22
SERVICE OF WRITTEN NOTICE
875.22.1
Written notice - service
The written notice referred to in Sections 875.20.2, and 875.20.3, is sufficiently
served if delivered personally or sent by registered or certified mail, addressed
to the person to whom service is required to be made, ac- cording to the Licensing
Section records.
875.22.2
Written notice - service - via registered or certified mail
When service is made through registered or certified mail, the service shall be
deemed to have been made on the seventh day after the day of mailing, unless
the person on whom service is being made, establishes that he or she did not,
acting in good faith, through absence, accident, illness or other cause beyond
his or her control, receive the written notice until a later date.
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Article 23
HEARING BEFORE THE LICENCE HEARINGS COMMITTEE
875.23.1
Applicant does not attend
When the applicant or licensee who has been given written notice of the hearing,
does not attend at the proper time and place, the License Hearings Committee may
proceed with the hearing in his or her absence and the applicant or licensee shall
not be entitled to any further notice of the proceedings.
875.23.2
Recommendation to Council
At the conclusion of a hearing, the License Hearings Committee shall provide its
recommendations to the Council after which Council may make the decision.
Article 24
COUNCIL AUTHORITY AFTER THE HEARING
875.24.1
Council - recommendation of License Hearing Committee
Council may accept or vary the recommendations of the License Hearings
Committee or do any act or make any decision that it might have done if it had
conducted the hearing itself and the applicant or licensee shall not be entitled to a
further hearing on the matter before Council and the decision of Council shall be
final.
Article 25
RETURN OF LICENCE AFTER REVOCATION OR SUSPENSION
875.25.1
License revoked - suspended - returned - Licensing Officer
When a license has been revoked or suspended, the holder of the license shall
return the license to the Licensing Officer within twenty-four hours of service of
written notice of the decision of Council.
875.25.2
License revoked - Licensing Officer to obtain license
When a person has had his or her license revoked or suspended under this Chapter
he or she shall not refuse to deliver up or in any way obstruct or prevent the
Licensing Officer from obtaining the license, in accordance with Section
875.25.1.
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Article 26
TRANSITION
875.26.1 By-law - previous
A license issued under the applicable by-law in effect immediately prior to the
enactment of this Chapter shall remain in effect following the enactment of this
Chapter only until the earlier of its expiry or its revocation.
Article 27
SEVERABILITY
875.27.1 Validity
If a court of competent jurisdiction declares any provision, or any part of a
provision of this Chapter to be invalid or to be of no force and effect, it is the
intention of the Council in enacting this Chapter, that each and every other
provision of this Chapter authorized by law, be applied and enforced in accordance
with its terms, to the extent possible according to law.
Article 28
ENFORCEMENT
875.28.1 Fine - for contravention
Every person who contravenes any of the provisions of this Chapter is guilty of
an offence and, upon conviction is liable to a fine and other penalties imposed
pursuant to the Provincial Offences Act, as amended.
Article 29
ADMINISTRATIVE PENALTIES
875.29.1
Alternative to Charge
In lieu of laying a charge under the Provincial Offences Act for a breach of any
provision of this By-law, a Municipal By-law Enforcement Officer may issue a
Penalty Notice to the Person who has contravened this By-law in accordance
with the service requirements of the Corporation's Administrative Penalty By-
law. For greater certainty, the Municipal By-law Enforcement Officer has the
discretion to either proceed by way of an administrative penalty or a charge
laid under the Provincial Offences Act, if an administrative penalty is issued to
a Person for the breach, no charge shall be laid against that same Person for the
same breach. By-law 59-23, 14 June, 2023
875.29.2
Amount - Payment
A Person served with a Penalty Notice shall be liable to pay to the Corporation
an administrative penalty in the amount specified in Schedule "A" of the
Administrative Penalty By-law. An administrative penalty for a contravention
of this By-law that is not paid within 15 days after the day it becomes due and
payable, constitutes a debt of the Person to the Corporation and may be added
to a municipal tax roll and collected in the same manner as municipal taxes.
By-law 59-23, 14 June 2023
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875.29.3
Procedures
A Person who is issued a Penalty Notice shall be subject to the procedures as
provided for in the Administrative Penalty By-law. By-law 59-23, 14 June,
2023.
Article 30
REPEAL - ENACTMENT
875.30.1 By-law - previous
Chapter 875 of the Municipal Code respecting Refreshment Vehicles be
repealed in its entirety and replaced with the new Chapter 875. By-law
14-01 be repealed. By-law 194-05, 12 December, 2005; By-law
78-11, 11 July, 2011.
Last Updated: By By-law 59-23 passed on June 14, 2023.
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