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TOWN OF SMITHS FALLS
CONSOLIDATED BY-LAW NO. 8214-2009,
AS AMENDED
By-law to Licence, Regulate and Govern
Refreshment Vehicles in the
Town of Smiths Falls
Amended by By-laws:
By-law 10042-2019
OFFICE CONSOLIDATION:
This is an office consolidation of the Refreshment
Vehicle By-law and amendments thereto which has
been prepared for convenience only. While every
effort has been made to ensure the accuracy of the
information contained herein, reference should be
made to the original by-law and all amending by-laws
for legal purposes.
As this is a consolidated version of the by-law, please see Fee By-law 8142-2008 for
current fees
THE CORPORATION OF THE TOWN OF SMITHS FALLS
CONSOLIDATED VERSION
BY-LAW NO: 8214-2009
A BY-LAW TO LICENCE, REGULATE AND GOVERN
REFRESHMENT VEHICLES IN THE TOWN OF SMITHS FALLS
WHEREAS, Part IV of the Municipal Act, 2001 authorizes the council of every local
municipality to pass by-laws for licensing, regulating and governing any business carried on
within the municipality.
NOW THEREFORE the Council of the Corporation of the Town of Smiths Falls enacts as
follows
1.
DEFINITIONS
The following definitions shall apply for the purposes of this by-law:
(a) "Chip Wagon" shall mean a motor vehicle or trailer equipped for the cartage. Storage
and preparation of refreshments which is used only for the sale of such refreshments
intended for the consumption of the general public. A Chip Wagon shall be permitted
to locate at one designated site and shall be included in the definition of "Refreshment
Vehicle".
(b) "Clerk" shall mean the Clerk or Deputy Clerk of the Town of Smiths Falls.
(c) "Corporation" shall mean the Corporation of the Town of Smiths Falls.
(d) "Council" shall mean the Council of the Town of Smiths Falls.
(e) "Licence" shall mean a licence issued under the provisions of this by-law.
(f) "Medical Officer of Health" shall mean the Medical Officer of Health for Leeds,
Grenville and Lanark District Health Unit or his duly authorized delegate.
(g) "Mobile Canteen"shall mean a motor vehicle equipped for the cartage, storage and
preparation of refreshments from which said motor vehicle refreshments are offered
for sale for consumption primarily by person at their place of employment or by
persons attending a private function including auction sales or other special sales
where the Mobile Canteen operator has been invited or authorized by the person
holding the sale to dispense refreshments. A Mobile Canteen shall be included in the
definition of "Refreshment Vehicle."
(h) "Operate" shall mean the act of selling, offering for sale or otherwise dispensing of
refreshments and "Operator" shall have a like meaning.
(i) "Refreshment" shall mean all food stuffs or beverages either prepared on site or pre-
packaged and intended for consumption by the public. Refreshments shall include but
not be limited to French fries, hamburgers, onion rings, pogos, hotdogs, sausages,
sandwiches, popcorn, ice cream, candy, confections and fresh produce.
(j) "Refreshment Cart" shall mean a mobile vehicle propelled by human muscle power
from which refreshments are sold for consumption by the general public. It shall
include a barbeque. A main body of the Refreshment Cart shall not exceed the
following dimensions: 96 inches in length, 44 inches in width and 48 inches in height,
measured from the ground upward.
(k) "Refreshment Vehicle" shall include a Chip Wagon, Mobile Canteen and Refreshment
Cart as defined in this by-law.
(l) "Roadworthy" shall mean that the vehicle complies with the requirements of the
Highway Traffic Act and in the case of the Chip Wagon and Mobile Canteen is
licensed by the Ministry of Transportation on for operation on Public Highway. The
applicant for a licence shall produce such vehicle licence prior to issuance of a licence.
2.
LICENSING
(a) No person shall operate a Refreshment Vehicle within the limits of the Town of
Smiths Falls unless and until the operator has obtained a separate licence for each
refreshment vehicle, as issued under the provisions of this by-law.
(b) The annual licence fees for each Refreshment Vehicle shall be as listed in
Schedule "A" of this By-law.
(c) The term of each licence shall be from the first day of January to the thirty-first
day of December in each year and no licence shall be issued except on payment of
the full amount of the prescribed fee, provided that where an applicant for a Chip
Wagon or Mobile Canteen, who has not at any time in the previous two calendar
years held such a licence applies after the thirty first day of July, a licence may be
issued for the balance of that year on payment of one-half the licence fee set out
herein.
(d) A licence may be transferred from one vehicle to another or from one operator to
another upon application and payment of the fee detailed in Schedule "A"
provided always that the new vehicle and/or operator comply with the provisions
contained in this by-law. A transfer application may not be granted if the nature of
the business has changed from that detailed in the licence application.
(e) An annual renewal licence may be issued to the previous holder of the licence for
a previously approved location provided all other application requirements,
including the payment of the prescribed fee, permission of the land owner, proof
of valid vehicle licence and compliance approval from the Medical Officer of
Health, Chief Fire Official and Chief Building Official, are submitted on an annual
basis.
(f) A Refreshment Vehicle shall have in the vehicle at all times, the refreshment
vehicle license granted for the vehicle. The vehicle operator shall present said
license upon request of a Law or By-law Enforcement Officer.
(g) The operator of a Refreshment Vehicle shall accept liability for all or any claims
for injury or damage to any person or property caused or created by the operation
of the Refreshment Vehicle.
(h) The Corporation may refuse to grant a license or revoke or suspend a license.
(i) The Corporation may impose conditions as a requirement of obtaining, continuing
to hold or renewing a license at any time during the term of the license.
(j) No person shall enjoy a vested right in the continuance of a licence, except as
provided in this by-law, and, whether issued, renewed, expired, revoked or
otherwise terminated, the licence, and any value of such licence, shall continue to
be the property of the Corporation.
(k) Every person who holds a licence shall ensure compliance with this by-law and all
other applicable law by all persons involved in the carrying on of such business,
and no such person shall permit any person employed by such person or otherwise
involved in the carrying on the business, to do so other than in compliance with
this by-law. No licence issued under this by-law shall authorize any person to do
any thing in contravention of any other law.
(l) No licence shall be issued if the applicant owes any monies, including taxes, permit
fees or outstanding work-orders to the Corporation of the Town of Smiths Falls.
(m) The corporation reserves the right to investigate any business or individual who
applies for a licence under this by-law. Such investigation shall be conducted by
the Smiths Falls Police Service and reported to the licence issuer.
(n) The issuance of any licence may be subject to the written approval of the Smiths
Falls Fire Department, Smiths Falls Building/Planning Department, The Medical
Officer of Health/Health Unit and Smiths Falls Police Services.
(o) Consideration to public interest, non-compliance with this by-law, imposed conditions
or any other law is a factor relevant to the consideration of whether or not a licence may
be granted, (renewed,) refused or revoked, notwithstanding that the holder of the
licence has not been prosecuted or convicted for contravention of such law.
(p) The applicant must permit ample and reasonable time from the time of initial
application (providing it is complete) to a response whether the licence shall be
permitted or not.
(q) If the Town refuses to grant or revokes a licence pursuant to this by-law, the
applicant may request a hearing of Council in accordance with the Statutory
Powers Procedure Act.
(r) The Licensing Officer shall carry out the administrative functions of
administering, applying and enforcing this by-law.
(s) All applications shall be accompanied by the required fee.
3.
GENERAL REGULATIONS - ALL REFRESHMENT VEHICLES
(a) Nothing in this by-law, including the issuance of a licence, conveys the right to
enter upon or conduct business from any private, public or Crown property.
Written evidence of the land owner's permission to locate the refreshment vehicle
on property shall be produced prior to the issuance of a license.
(b) The operator of every Refreshment Vehicle shall at all times comply with the
requirements of the District Health Unit of Leeds, Grenville and Lanark with
respect to sanitation, cleanliness, washroom facilities, refuse and all other matters
under this jurisdiction and every application for a licence shall submit written
confirmation from the Health Unit of compliance in that regard.
(c) The operator of every Refreshment Vehicle shall at all times comply with the
requirements of the Chief Fire Official of the Town of Smiths Falls with respect to
matters of fire prevention and fire safety. Every applicant for a licence shall
submit written confirmation from the Fire Chief of compliance in that regard.
(d) Every Refreshment Vehicle shall at all times be roadworthy and in proper
operating condition. When in motion on a public highway, shall be subject to the
provisions of the Highway Traffic Act. Refreshment vehicles are not exempt from
parking by-laws of the Corporation.
(e) All Refreshment Vehicles shall be kept in a clean and presentable condition and be
painted in a manner satisfactory to the Corporation and such shall include
approved sign appurtenant thereto. The property on which the Refreshment
Vehicle is located shall be maintained in a neat and tidy condition and all refuse
shall be deposited in proper containers and disposed of by the operator.
(f) Exemptions from certain provisions of this by-law may be granted for
Refreshment Vehicles to be operated in parks, or other lands in the control of the
Corporation for specific special events but only, during the time times and at the
locations designated by the Clerk in writing.
4.
CHIP WAGONS
(a) The property on which a Chip Wagon is to be located shall be zoned Commercial
or Industrial as set out in the current Zoning By-law. The location shall be
approved by Council of the Corporation. Every application for Council approval
of the location shall include a site plan drawn to scale showing the proposed
vehicle location, proposed structures, adjacent structures, entrance and exit from
adjacent streets, proposed additions to the vehicle, signs, required parking spaces
and set back distances from the street, all as required by the provisions of this by-
law.
(b) The Chip Wagon shall be located at least 6 meters from the front line of the
property on which it is located.
(c) The site for a Chip Wagon shall provide a minimum of four automobile parking
spaces for the exclusive use of the Chip Wagon's patrons.
(d) All structures or additions to the Chip Wagon site, including signs and structures
designed to protect the public from the elements while being served at the
servicing window, are subject to approval of Committee of the Whole, building
permit and inspection by the Chief Building Official. The changes shall be shown
on the site plan required pursuant to section 4 (a). Such structures or additions
shall be designed and constructed in a neat and workmanlike fashion such that
they do not detract from the general appearance of the site nor inhibit the ability to
move the vehicle on short notice. The maximum area of all additions, in total,
shall not exceed 1/3 of the area occupied by the Chip Wagon itself.
5.
MOBILE CANTEEN
(a) The operator of a Mobile Canteen shall conduct business only while parked other
than on a public highway, street, road, lane, park, boulevard or other public land
provided that when special exemption to do so has been granted in writing by the
Clerk under Clause 3(f) herein, business may be conducted when parked on a
street where construction work is being carried out or when parked in a park or
other lands in the control of the Corporation.
6.
REFRESHMENT CART
(a) Refreshment Carts may operate on specified public parks lands in the control of
the Corporation upon written permission from the Director of Community
Services. Such written permission shall be submitted with the application for a
licence.
(b) Refreshment Carts may operate on private property zoned Commercial or
Industrial as set out in the current Zoning By-law. The location of the cart on site
shall be approved by the Director of Planning and Administrative Services of the
Corporation. Every application shall include a site plan drawn to scale showing
the proposed cart location, adjacent structures, entrance and exit from adjacent
streets, garbage receptacle location, and other requested information, all as
required by the provisions of this by-law and the Corporation.
(c) Refreshment Carts shall be self contained units capable of being removed from the
site immediately upon the request of any Law or By-law Enforcement Officer of
the Town of Smiths Falls.
(d) Placement of any articles such as signs, chairs, benches and umbrellas, excluding
waste receptacles is prohibited.
7.
FESTIVALS/CHARITABLE EVENTS/TRADESHOWS
(a) A single license may be issued for multiple refreshment sales at festivals and
tradeshows upon application by the festival/tradeshow organizing body. Every
application shall include a site plan drawn to scale showing the proposed
refreshment vehicle types, their location, adjacent structures, entrance and exit
from adjacent streets, garbage receptacle locations, and other requested
information. Sufficient notice shall be provided to ensure fire and/or building
inspections can be provided prior to/at the event.
(b) The fee for charitable refreshment sales events, festivals and/or tradeshows of a
broad community nature may be waived at the discretion of the Clerk. To qualify
for charitable status exemption the proceeds must serve local needs.
(c) All other provisions of this by-law shall apply.
8.
REVOCATION OF LICENCE
(a) A licence issued under the provisions of this by-law may be revoked by the
Corporation when:
(1) Written notice has been received from the Medical Officer of Health, Chief
Fire Official or Chief Building Official stating that the Refreshment
Vehicle is operating contrary to required standards; or
(2) The licensee has been served notice of non-compliance with the terms of
this by-law by the Corporation and the licensee has failed to take such
action as necessary within five (5) working days of receipt of the notice; or
(3) The licensee has been served, by the Corporation, with three (3) notices of
non-compliance with the terms of this by-law during the period for which
the licence was issued.
(b) The Corporation shall service notice to the licensee of an impending revocation of
a licence and the licensee or his representative shall have ten (10) days to request a
hearing before Council. Failure to request a hearing within the ten (10) day period
shall result in revocation of the licence immediately thereafter.
(c) Any licence granted under this by-law may be revoked by Council at any time by
reason of the breach or failure to fulfill any of the provisions of this by-law. The
Council may revoke any licence issued under this by-law, on the basis of any one
or more the following grounds:
(1) There are reasonable grounds for belief that any application or any other
document or information provided by or on behalf of the licencee contains
a false statement or provides false information.
(2) There are reasonable grounds for belief that the carrying on of the said
business has resulted or will result in a breach of this by-law or any other
law, including a breach of any condition imposed on a licence under this
by-law;
(3) There are reasonable grounds for belief that the building, premises or
equipment used in carrying on the business does not comply with the
provisions of this by-law or any other law;
(4) Information contained in the original application form, or any other
information provided to the Clerk by or on behalf of the applicant, has
ceased to be accurate, the licencee has not provided up-to-date accurate
information to the Clerk sufficient to allow the Clerk to conclude that the
licence should be maintained as valid and subsisting;
(5) The fee payable in respect of the licence has not been paid.
(6) No licence shall be revoked under this by-law, except after a hearing by the
Council, or after the licencee has been given the opportunity for such a
hearing, in accordance with the Statutory Powers Procedure Act.
(7) Failure to comply within thirty (30) days to the provisions of this by-law
shall result in the revocation of the licence. Council may grant a reasonable
extension of time to the holder of the licence in order comply with the
provisions of this by-law.
(8) If the licence is revoked, all licence fees are non refundable based on the
costs associated with the administering the application. If a license is
refused 50% of the fee shall be returned. The balance shall be held to
cover administrative costs. Once issued there shall be no return of any
license fee.
9.
CONTRAVENTION
(a) Any person violating any of the provisions of this by-law is guilty of an offence
and on conviction shall be liable to a penalty pursuant to the Provincial Offences
Act. Set fines may be established for certain offences contained in this by-law.
Such set fines shall be established pursuant to the Provincial Offences Act and
shall become effective upon the approval of the Regional Senior Judge of the
Ontario Court of Justice.
10.
EFFECTIVE DATE
(a) The provisions of this by-law shall come into force and take effect upon the
passing thereof. Holders of Valid 2008 Refreshment Vehicle license, on the date
of passing this by-law, may continue to operate until January 1, 2009.
11.
ULTRA VIRES
Should any sections of this by-law, be declared by a court of competent jurisdiction to be
ultra vires, the remaining sections shall nevertheless remain valid and binding.
Read a first and second time this 6th day of April, 2009
Read a third time and passed this 6th day of April, 2009
Original Signed by Mayor
________________________________
Mayor
Original Signed by Clerk
________________________________
Clerk
SCHEDULE "A" to BY-LAW 8214-2009
Schedule of Fees*
Refreshment Vehicle Licensing By-Law
The fees listed herein shall be the annual licence fees (January 1 to December 31) for refreshment vehicles
unless otherwise provided herein or detailed in Section 2 b) the by-law.
Refreshment Vehicle (Motorized)
$600.00/vehicle
Refreshment Vehicle (If owner/applicant pays business tax to Town used in
connection)
Annual Fee of $50.00/Vehicle
Refreshment Vehicle (Non-Motorized)
$150.00/Vehicle
Refreshment Vehicle-Non-Motorized (If owner/applicant pays business
tax to Town used in connection)
Annual Fee of $50.00/Vehicle
Chip Wagon Structure Modification
$50.00/request
Charitable BBQ's
No Fee
Multi-refreshment
$200.00 per Festival/Tradeshow
Festival/Tradeshow Event
to maximum of 6 days or 2 consecutive
weekends (3 days each)
Administrative Penalty
$50.00 per non-compliance
for failure to comply with
any part of the licensing system
* In accordance with the provisions of this by-law, fees may be waived for
charitable refreshment sales, festivals or tradeshows of a broad community nature.
However, license(s) must still be obtained and the events must comply with
provisions of this by-law.
** If the licence is revoked, all licence fees are non refundable based on the costs
associated with the administering the application. If a license is refused 50% of
the fee shall be returned. The balance shall be held to cover administrative costs.
Once issued there shall be no return of any license fee.
The annual fee for a Refreshment Vehicle be reduced to $200.00 for business owners who
comply with the following provisions:
a) Applicant has paid the full licencing fee for their primary/first inspection;
b) Any major renovations/upgrades to the Refreshment Vehicle have not occurred within
the year;
c) The Annual Inspection has been completed and signed off by the Fire Prevention
Officer and Chief Building Official and confirmation that no other follow up
inspections are required for that calendar year;
d) Any major upgrades or replacement of kitchen equipment has not occurred within the
year;
e) Applicant has not re-located;
f) Both the property owner(s) and applicant(s) have no outstanding accounts (i.e.
invoices, taxes, water, permit fees and any other outstanding account with the
municipality) or outstanding work orders with the Corporation; and
g) The reduced fee pertains to "motorized" Refreshment Vehicles only.