This is the exact embedded text of the captured official document.
Snapshot 2f75b3bf721a · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY- LAW NUMBER 48- 14
BEING A BY- LAW TO LICENCE, REGULATE, AND GOVERN
REFREHSMENT
VEHICLES
WITHIN
THE
TOWNSHIP
OF
SCUGOG
AND WHEREAS section 8( 3) of the Municipal Act, 2001 confers the
power upon a municipality to regulate and prohibit respecting a matter, to
require persons to do things respecting a matter, and to provide for a
system of licences respecting a matter;
AND WHEREAS
section
11( 3) of the Municipal Act, 2001 confers the
power upon municipalities
to enact by- laws with respect to business
licensing;
AND WHEREAS section 151 of the Municipal Act, 2001 authorizes the
Township
to provide for a system of licences with respect to any
business wholly or partly carried on within the Township;
AND WHEREAS
section
391
of the Municipal Act, 2001
enables
a
municipality to pass a by-law imposing fees or charges for services or
activities provided or done by or on behalf of it;
NOW THEREFORE the Council of the Corporation of the Township of
Scugog enacts as follows:
1.
DEFINITIONS
For the purposes of this by-law, the term:
Applicant" means a person applying for a licence or renewal of a
licence under this by- law.
Business" has the same meaning as provided for in section 150 of
the Municipal Act, 2001.
Council" means the Council of the Corporation of the Township of
Scugog.
shall
it has under the
Highway"
have the same meaning as
Highway Traffic Act, R.S.O. 1990;
Licence" means a licence issued by the Township under the
provisions of this By- law.
Licensee" means any Person licensed under this By- law.
Mobile Refreshment Vehicle" means a Refreshment Vehicle that
does not operate from a fixed location.
Motor Vehicle" means a Motor Vehicle as defined in the Highway
Traffic Act, R.S.O. 1990.
i
Municipal Clerk" means the Municipal Clerk of the Township of
Scugog or his/ her designate.
Officer" means a Police Officer as defined in the Police Services
Act, R. S. O. 1990, and shall include a Municipal Law Enforcement
Officer, special constable, and First Nations Constable.
Owner" shall refer to the Person who is managing or responsible
for the overall operations of a business requiring a license.
Person" includes an individual, a corporation, partnership or sole
proprietorship.
0
Refreshment Vehicle" shall mean any vehicle or temporary
structure, whether mechanically propelled or otherwise, from which
refreshments are sold for consumption by the public.
Township" means the municipal Corporation of the Township of
Scugog and/ or the geographic limits of the Township of Scugog as
the context requires.
Zone"
means
a Zone
as defined
in the Zoning
By- law,
as
amended from time to time.
2.
LICENSING PROCEDURES
2. 1
For the purposes of this By- law, Council delegates its licensing
authority and the administration of this By- law to the Municipal
Clerk.
2. 1. 1 Without limiting the provisions of this section, Council shall
remain the deciding authority in the event the Municipal Clerk
recommends the refusal, suspension or revocation of a
Licence under this By- law.
2. 1. 2 The Municipal Clerk may delegate the performance of his/ her
functions under this By- law from time to time as required.
2. 2
An application for a Refreshment Vehicle Licence shall be submitted
on a form provided and designed for that purpose.
2. 3
The fee payable for a Refreshment Vehicle Licence shall be in
accordance
with the "
as amended
Fees and Charges By -Law",
from time to time,
and
shall
be
payable
upon
an
submitting
application.
0
2. 3. 1 Applications for a new Licence under this By- law, submitted
less than six ( 6) months prior to the expiry date, shall pay half
the applicable Licence fee for the remainder of the Licence
term, provided
that the applicant
was not operating the
Business before submitting an application.
2. 4
No Licence issued under this By- law is transferable.
2
2. 5
A Licence issued under this By-law shall be valid only for the
period of time for which it was issued.
2. 6
Every owner of a Business licensed under this By-law shall, before
the
1
St day of November
in each year, apply to have their Licence
renewed.
2. 7
Every Licence issued in accordance with this By-law shall expire
on the
31s' day of December in the year in respect of which it was
issued.
3.
PROHIBITIONS
3. 1
No Person shall operate a Refreshment
Vehicle without a Licence.
3. 2
No Person shall operate a Refreshment Vehicle with a suspended
or revoked Licence.
3. 3
The Licensee shall conform to the requirements and conditions of
the Licence throughout the Licence term.
3. 4
No Person shall obstruct an Officer during the performance of a
duty under this By-law.
4.
LICENSING
REQUIREMENTS
4. 1
The Municipal Clerk shall have regard to the following criteria when
determining whether to issue a License for a Refreshment Vehicle:
a) That operating the business will not pose a risk to the health and
safety of Township residents or visitors, including the safety of
passing motorists or motorists entering or exiting the Highway to
access the Refreshment Vehicle;
b) Whether the applicant has conformed with the provisions of all
relevant Township by- laws and regulations;
c) That the Applicant has provided a copy of a valid insurance
certificate for public liability in the amount of not less than
million dollars ($
000,000) showing the Township as an
additional named insured.
d) That the Applicant has provided proof that the fire extinguisher
has been inspected not more than thirty ( 30) days prior to
submission
of the application.
i
e) That the Applicant has provided a Safety Standards Certificate
for a Motor Vehicle which is operated on a Highway;
f) That the Applicant has provided a copy of the Motor Vehicle
registration
for a Motor Vehicle which is operated on a Highway;
g) That the Applicant has provided a copy of the Motor Vehicle
insurance for a Motor Vehicle which is operated on a Highway;
3
five
5
Amending By-Law 48-19 S4.1(c)
h) That the Applicant has provided a safety certificate from the
relevant approval or oversight authority if combustible fuels are
used in the preparation of food.
i)
That, where a Refreshment Vehicle will operate from a fixed
location, the Applicant has provided proof of written permission
from the owner or authorized manager of land upon which the
Refreshment Vehicle is located.
j) That the Owner has submitted a Criminal Record Check which
is dated not more than ninety ( 90) days from the date the
application
was submitted.
k) That, where a Refreshment Vehicle will operate from a fixed
location, the Applicant has submitted a site plan showing the
proposed location of the Refreshment Vehicle, entrance and exit
onto Highway, available parking, permanent structures, and
other relevant site features.
1)
Such other investigations or criteria considered necessary or
which may be required by law, and without limiting the scope of
this Section, the Municipal Clerk may ask for the written
approval of any or all of the following:
a. Region of Durham Health Department
b. Durham Regional Police Service
c. Township Fire Department
d. Township Planning Department
e. Township Chief Building Official
f. Township Public Works Department
4. 2
The Municipal Clerk may impose conditions not specified in this
By-law as a requirement of obtaining or renewing a Licence.
4. 3
A Licensee shall abide by the following conditions while operating a
Refreshment Vehicle pursuant to this by- law:
a) Every Owner shall keep their refreshment vehicle in a tidy and
sanitary condition.
b) Every Owner shall provide receptacles for garbage and
recyclables and shall remove all waste from the area at the end
of each operating day.
c) Every Refreshment Vehicle shall be equipped with a fire
extinguisher that is maintained in good working order and has
been approved for such use by the Township of Scugog Fire
Department.
d) The Licensee shall display the Licence in a conspicuous place
on the Refreshment Vehicle.
4
40
5.
LOCATION REGULATIONS
5. 1
No Person shall operate a Refreshment Vehicle in Zones other
than Commercial Zones as defined by the Zoning By- law, as
amended from time to time.
5. 2
Notwithstanding Section 5. 1, a Mobile Refreshment Vehicle may
operate in Zones other than Commercial Zones subject to the
following:
a) The Mobile Refreshment Vehicle exclusively sells ice cream
such as frozen dairy or frozen water products.
b) The Mobile Refreshment Vehicle is catering to construction sites
or places of employment but shall not remain at any one site or
place for a period exceeding fifteen ( 15) minutes.
5. 3
No Person shall operate a Refreshment Vehicle within 120 meters
of an eating establishment or within 60 meters of a school.
5. 4
No Person shall operate a Refreshment Vehicle in the Main Central
Area as defined by the Township of Scugog Official Plan, as
amended from time to time.
6.
LICENSE SUSPENSION, REVOCATION OR REFUSAL
6. 1
Council, upon a recommendation
of the Municipal
Clerk, may
refuse, suspend or revoke a Licence where there are reasonable
grounds
to
believe
that
the Applicant
or
Licensee
has
not
conformed to the requirements of this By- law.
6.2
The Applicant or Licensee shall be notified in writing at least ten
10) days before the date and time that Council shall consider the
Municipal Clerk' s recommendation to refuse, suspend or revoke a
Licence.
Where an Applicant or Licensee fails to attend the
meeting, Council may proceed with the hearing in their absence.
6. 3
The Municipal Clerk shall notify the Applicant or Licensee of
Council' s decision in writing within fifteen ( 15) business days of the
decision being made.
6. 4
Where the Municipal Clerk deems it necessary and in the public
interest,
he/she may immediately
suspend
a Licence
prior to
Council' s consideration of the Municipal Clerk' s recommendation
to
refuse, suspend or revoke a Licence, for period not to exceed the
later of 15 days or the next regularly scheduled meeting of Council.
7.
ADMINISTRATION
7. 1
Every person who contravenes any provision of this By-law is guilty
of an offence and on conviction is liable to a fine as provided for in
the Provincial Offences Act, R. S. 0. 1990, c. P. 33.
7.2
This By-law shall be enforced by any designated Officer.
5
0
7.3
If any section, clause or provision of this by- law is, for any reason
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of this by- law as a whole or any
part thereof, other than the section, clause or provision so declared
to be invalid.
7. 4
This By-law shall be referred to as the "Refreshment Vehicle
Licensing By -Law"
7.5
This By-law repeals all sections within By- law Number 135- 05, as
amended, that pertain to the licensing or operation of Refreshment
Vehicles as defined by By-law Number 135-05.
7. 6
This by- law shall come into force and effect on the date of passing.
Read and Passed by Council for the Township of Scugog this
8th day of
September, 2014.
MAYOR, Charles D. Mercier
C
CLERK, Christopher Harris
0