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The Corporation of the Municipality of Southwest Middlesex
By-Law 2025/009
Being a by-law to license and regulate refreshment vehicles
February 5, 2025
Refreshment Vehicle By-law
Whereas Section 5(3) of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a
municipality to pass by-laws to exercise its municipal powers.
And Whereas Section 151 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes Council
to license, regulate and govern any business wholly or partly undertaken within the Municipality, to
impose conditions for the purpose of consumer protection upon any highway or part thereof, or
any public park or other public place.
And Whereas subsection 391(1) of the Municipal Act, S.O. 2001, c.25, as amended, provides that
a municipality may impose fees and charges on persons.
Now Therefore the Council of the Corporation of the Municipality of Southwest Middlesex hereby
enacts as follows:
1.0
DEFINITIONS
The following definitions shall apply for the purposes of this By-law:
1.1
"Approved Location" shall mean the location(s) specified in the application and for
which a license has been granted.
1.2
"By-law Enforcement Officer" shall mean any Police Officer or employees of the
Municipality limited to the By-law Enforcement Officer, Building Inspector or Chief
Building Official.
1.3
"Clerk" shall mean the Clerk of the Municipality of Southwest Middlesex, and shall
include the Deputy Clerk and/or delegate.
1.4
"Council" shall mean the Council of The Corporation of the Municipality of
Southwest Middlesex.
1.5
"Director of Community Services and Facilities" means the Municipality's Director
of Community Services and Facilities, or any employee of the Municipality acting
under his or her direction.
1.6
"Eating Establishment" shall mean a building or part of a building where food is
offered for sale or sold to the public for consumption and which has seating and
eating facilities. Such uses include a restaurant, ice cream parlour, tea or
lunchroom and/or coffee shop.
1.7
"License" shall mean a license issued under the provisions of this By-law.
1.8
"Licensee" shall mean the person to whom the license has been issued and who
assumes the primary responsibility for complying with this By-law.
1.9
"Located Refreshment Vehicle" shall mean a Refreshment Vehicle equipped for the
transportation, storage and preparation of refreshments which is used only for the
sale of such refreshments intended for the consumption by the general public and
only located at an Approved Location.
1.10 "Medical Officer of Health" shall mean the Medical Officer of Health for the
Middlesex London Middlesex Health Unit, or his or her duly authorized delegate.
1.11 "Mobile Refreshment Vehicle" shall mean a Refreshment Vehicle equipped for the
transportation, storage and preparation of refreshments which is used only for the sale
of such refreshments intended for the consumption of the general public and moves
from more than one location on any given day.
1.12 "Municipality" - shall mean The Corporation of the Municipality of Southwest
Middlesex.
1.13 "Roadworthy" shall mean the refreshment vehicle complies with the requirements
of The Highway Traffic Act and is registered by the Ontario Ministry of
Transportation for operation on a public highway.
1.14 "Operate" shall mean the act of selling, offering for sale, or otherwise dispensing of
refreshments and "Operator" shall have a like meaning.
1.15 "Refreshments" 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 are not limited to, french fries, hamburgers, onion rings, pogos,
hotdogs, sausages, sandwiches, popcorn, ice cream, candy, confections, and fresh
produce.
1.16 "Road Authority" means the applicable road authority having jurisdiction in the case
of the Municipality being the Manager of Public Works or any municipal employee
acting under his or her direction; or in the case of the County of Middlesex being
the County Engineer or any County employee acting under his or her direction.
1.17 "Refreshment Vehicle" shall mean any roadworthy vehicle or trailer from which
refreshments are sold for human consumption, and which includes a Located
Refreshment Vehicle and Mobile Refreshment Vehicle.
1.18 "Special Event" shall mean a one-time, annual or infrequently occurring event held
on property owned or leased by the Municipality. It must have predetermined
opening and closing dates/times and be open to public participation/attendance. In
the case of municipally owned land, the event must also be pre-approved and
booked with the Municipality.
2.0
GENERAL PROVISIONS
2.1
No person shall operate a Refreshment Vehicle within the limits of the Municipality
unless the Operator has obtained a license for said the Vehicle and issued under the
provisions of this By-law. The applicant for every license shall be a minimum of
eighteen (18) years of age.
2.2
No person shall operate a Refreshment Vehicle without affixing a license, issued under
the provisions of this By-law, in a visible location on the said Vehicle.
2.3
No person shall operate a Refreshment Vehicle in a location other than those areas
specified below:
2.3.1 All municipal property with written consent from the Director of Community
Services and Facilities unless part of a Special Event.
2.3.2 Private property in non-residential zones with permission of the property
owner.
2.3.3 No person shall locate or operate a Refreshment Vehicle on any portion of a
public highway, unless written permission is granted by the Road Authority.
Written permission must be submitted to the By-law Enforcement Officer prior
to locating the Refreshment Vehicle.
2.4
Notwithstanding any other provision of this By-law, a Refreshment Vehicle shall not
be required to obtain a License if part of a community event which is open to the
public. Community event organizers are solely responsible to ensure the
Refreshment Vehicles as part of the event operate in accordance with public
health requirements and other applicable regulations.
2.5
No person shall operate a Refreshment Vehicle in a location where its operation would
conflict with any existing agreement of the Municipality or any of its committees or local
boards, unless written permission is granted by the lessee.
2.6
No person shall locate a Refreshment Vehicle in such a manner that it unreasonably
confines, impedes or presents a hazard to pedestrians or other users of a sidewalk, un-
traveled portion of a municipal road allowance or municipal park.
2.7
No person shall transfer a License issued under the provisions of this By-law unless
written consent is obtained by the Municipality. Notwithstanding the foregoing, the
Municipality shall not be bound to give such consent unless the request is contrary
to the public interest.
2.8
No person shall operate a Refreshment Vehicle overnight between the hours of
11:00 p.m. and 7:00 a.m.
2.9
No person shall equip a licensed Refreshment Vehicle with any sounding device, loud
speakers, amplifiers or other hailing devices for the purpose of attracting patrons.
2.10
No person shall operate a Refreshment Vehicle closer than 30 metres to a property
line of any existing Eating Establishment located in the Municipality. Should the
operator of a Refreshment Vehicle wish to locate the said Vehicle closer than 30
metres to an existing Eating Establishment, written consent from the owner of the
said restaurant shall be filed with the By-law Enforcement Officer.
2.11
No person shall locate or operate a Refreshment Vehicle on a sidewalk or boulevard
adjacent to the traveled portion of a public highway.
2.12
No person shall locate a Refreshment Vehicle within 3 metres of any building or
structure.
2.13
A Licensee may use a power fuel generator in conjunction with a Refreshment Vehicle.
The Licensee must submit details on the proposed generator for use, which subject to
approval by the Licensor.
2.14
No person shall connect a Refreshment Vehicle to a municipal utility source, unless a
written agreement is in place with the municipality to permit this.
3.0
GENERAL REGULATIONS
3.1
Every Licensee shall ensure that at least one (1) container for recyclable materials and
one (1) waste receptacles, each with self-closing lids are provided in accessible
locations in the immediate vicinity of the Refreshment Vehicle, and such containers
shall be kept in a clean sanitary condition.
3.2
Every Licensee shall ensure that all refuse generated by the operation of the
Refreshment Vehicle is disposed of in accordance with the Municipality's waste
management regulations and at the expense of the Licensee. The placing of any
refuse by the Licensee in a waste and/or recycling receptacle located on property
and/or owned by the Municipality is prohibited.
3.3
Every Licensee shall ensure that the waste and recycling receptacles are emptied at
least once a day.
3.4
Every Licensee shall ensure their Refreshment Vehicle, any and all appurtenant
accessories and equipment, and the immediate vicinity are all kept in a clean and
sanitary condition at all times.
3.5
Every Licensee shall ensure that the Refreshment Vehicle, all accessories and
equipment shall be kept in good repair and at all times in a clean and sanitary
condition.
3.6
Every Licensee shall ensure that:
3.6.1 no person other than an employee of the Licensee shall operate the
Refreshment Vehicle;
3.6.2 any employee (operator) shall be adequately trained in the safe operation of the
Refreshment Vehicle and equipment;
3.6.3 all employees shall be familiar with the regulations governing this By-law; and
3.6.4 any operator or employee under their control, management or supervision does
not breach any of the provision of this By-law.
3.7
Every Licensee shall ensure that all conditions imposed by the Municipality's Fire
Department and the Medical Officer of Health, shall be adhered to at all times.
3.8
Every Licensee shall comply with all other applicable Municipal and Provincial
regulations.
3.9
The term of each Licence shall be from the first (1st) day of January to the thirty-first
(31st) day of December of the year, and no Licence shall be issued except on payment
of the full amount of the prescribed fee.
3.10
The following requirements shall apply to a Located Refreshment Vehicle:
3.10.1 The property on which a Located Refreshment Vehicle is to be located shall be
zoned for commercial or industrial purposes as set out in the current Zoning By-
law with written permission from the property owner submitted with the
application.
3.10.2 Every Located Refreshment Vehicle shall be capable of being moved and
driven or towed on a highway upon 24 hours' notice by a By-law Enforcement
Officer.
3.10.3 Only temporary electrical and/or utility hook-ups shall be permitted. To provide
for the operation of exhaust fans, approved lighting and other electrical power
requirements, a Refreshment Vehicle may connect to an approved power
source provided such connection is made by means of a connection which can
be readily and safely disconnected. Such connection must not inhibit the
capability of the Refreshment Vehicle to be mobile on short notice or to
otherwise cause the Refreshment Vehicle to be recognized as a permanent
structure.
3.10.4 Every Located Refreshment Vehicle application shall include a site plan drawn
to scale showing the proposed vehicle location, adjacent structures, entrance
and exit from adjacent street(s), proposed additions to the vehicle, signs, the
location and proposed temporary hook-up of all utilities and set back distances
from the street, all as required by the provision of this by-law.
3.10.5 The Refreshment Vehicle shall be located at least three (3) metres from the
front line of the property on which it is located or at the discretion of the By- law
Enforcement Officer.
3.10.6 No sign or advertising device may be displayed, except in accordance with the
Municipality of Southwest Middlesex Sign By-law.
3.11
The following requirements shall apply to a Mobile Refreshment Vehicle:
3.11.1 The Mobile Refreshment Vehicle may be operated as a fully mobile unit offering
refreshments for sale to the general public.
3.11.2 No Mobile Refreshment Vehicle shall interfere with the normal movement of
pedestrian and vehicular traffic and the maintenance of the sidewalks and
streets in the Municipality.
3.11.3 The power for the Mobile Refreshment Vehicle shall be supplied by the licensee
and the licensee shall be responsible for the cost of the power.
3.11.4 No Mobile Refreshment Vehicles shall remain on any site except during the
hours of 7 a.m. and 11 p.m. and must be removed from the site at the end of
each day.
4.0
APPLICATION PROCESS
4.1
Every application for a Refreshment Vehicle License shall include the following
information:
4.1.1 required Licence fee in accordance with the Municipality's Fees and Charges
By-law;
4.1.2 a photocopy of the current motor vehicle registration related to the proposed
Refreshment Vehicle;
4.1.3 a photograph of the Refreshment Vehicle;
4.1.4 be accompanied by Food Premises Inspection Report, R.R.O. 1990, Regulation
493/17, signed by the Medical Officer of Health certifying that the refreshment
vehicle has been inspected within the last twelve (12) months and it conforms to
the applicable sections of the Health Protection and Promotion Act;
4.1.5 written consent by the Municipality's Fire Chief or his or her delegate, having
inspected the Refreshment Vehicle within the last twelve (12) months of the
application and confirming that it confirms with the applicable sections of the
Ontario Fire Code;
4.1.6 a copy of a Mobile Food Service Equipment (MFSE) Annual Inspection
Certificate for MFSE's from the Technical Standards & Safety Equipment
(TSSA) ;
4.1.7 written consent from the Road Authority having jurisdiction if the Refreshment
Vehicle will be parked on any public highway; and
4.1.8 proof of insurance as specified under Section 5 of this By-law.
4.2
Every application for a License addressing the requirements specified under Section
4.1 of this By-law shall be forwarded to the Municipality's By-law Enforcement Officer
for review and processing.
4.3
Any written decision of the Municipality's By-law Enforcement Officer to refuse,
suspend or revoke a License may be appealed to Council by filing, in writing, an
appeal with the Clerk within ten (10) days of the said decision being provided. All
decisions made by Council on these matters shall be final.
5.0
INSURANCE AND IDEMNIFICATION
5.1
The Licensee shall provide the Municipality with a valid insurance certificate of a
minimum of Two Million Dollars ($2,000,000.00) liability insurance and name the
Municipality as an additional insured.
5.2
The Licensee agrees to name the Municipality in the Licensee's Release of Liability,
Waiver of claims, Assumption of Risks and Indemnity Agreement signed by each
customer.
5.3
The Licensee shall indemnify and hold harmless the Municipality, its officers, members
of municipal council and employees from and against any and all liabilities, claims,
expenses, demands, loss, costs, damages, actions, suits or other proceedings by
whomsoever made, directly or indirectly arising out of the agreement attributable to
bodily injury, sickness, disease or death or to damage to or destruction of tangible
property including loss of revenue or incurred expense resulting from disruption of
service and caused by any acts of omissions of the licensee, it's officers, agents,
servants, employees, customers, invitees or licensees , or occurring in or on the
premises or any part thereof and, as a result of activities under this License.
6.0
PENALTIES
6.1
Every person who contravenes any of the provision of this By-law is guilty of an
offence, is subject to the penalties as prescribed in the Provincial Offences Act,
R.S.O. 1990 Ch. P.33, as amended, and subject to the fines noted under Schedule A
of this By-law or by suspension or revocation of any License issued under this By- law.
6.2
The Municipality reserves the right to refuse, suspend or revoke a License.
6.3
All provisions of this By-law may be enforced by the Municipality's By-law Enforcement
Officer.
7.0
MISCELLANEOUS
Appendix "A"
The Corporation of The Municipality of Southwest Middlesex
Part 1 Set Fine Schedule
Provincial Offences Act
By-Law 2025/009: Refreshment Vehicle By-Law
ITEM COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or
defining offence
COLUMN 3
Set Fine*
1
Operate a refreshment vehicle
without a license
Section 2.1
$400.00
2
Operate a refreshment vehicle
without affixing a license in a
visible location
Section 2.2
$50.00
3
Operate a refreshment vehicle in
a location other than
approved
Section 2.3
$100.00
4
Operate a refreshment vehicle
between 11pm and 7am
Section 2.8
$100.00
5
Operate a refreshment vehicle
within 30 metres of an eating
establishment
Section 2.10
$400.00
6
Operate a refreshment vehicle on a
sidewalk/boulevard
adjacent to the traveled portion of a
public highway
Section 2.11
$100.00
7
Use an unapproved generator in
conjunction with a refreshment
vehicle
Section 2.13
$100.00
8
Connect a refreshment vehicle to
a municipal utility source without
an agreement in place
Section 2.14
$400.00
9
Failure to dispose of refuse
Section 3.2
$100.00
10
Failure to keep site in a clean and
sanitary condition
Section 3.5
$100.00
*Each fine is listed per offence
Note: the general penalty provision for the offences listed above is section 6.1 of Bylaw
2025/009, a certified copy of which has been filed.
BY-LAW 2025/009
MUNICIPALITY OF SOUTHWEST MIDDLESEX
APPLICATION TO OPERATE A REFRESHMENT VEHICLE
New Business License ($100)
Renewal ($100)
APPLICATION IDENTIFICATION
Registered Name of Business _____________________________________________________________
Name of Applicant _____________________________________________________________________
Address of Applicant ____________________________________________________________________
Operating Business Address ______________________________________________________________
Mailing Address (if different) _____________________________________________________________
Postal Code ___________________________________________________________________________
Telephone Number: Residence _________________________Business __________________________
REFRESHMENT VEHICLE INFORMATION
Type of Vehicle Being Used: Mobile Refreshment Vehicle Located Refreshment Vehicle
Will a Generator be Used: Yes No
Specify: Make ____________________ Model ________________ Decibel Level _____________
Type of Food Being Served _______________________________________________________________
Proposed Location of Vehicle _____________________________________________________________
Days of Operation ______________________________________________________________________
Hours of Operation ___________ a.m to ___________ p.m
OTHER INFORMATION
Owner of Property Vehicle to be Located on _________________________________________________
Address of Property Owner ______________________________________________________________
I the registered owner of the business, hereby acknowledge and certify that:
I have read and understand the requirements of the licensing, regulating and governing by-law and the
information pertaining to the business license for which I have applied. The information contained in this
application is true and complete to the best of my knowledge and that failure to provide complete or
accurate information may delay the licensing process. The issuance of a license under this by-law does
not permit or condone violations of any by-law, statute or other regulation in effect in the Municipality,
Province of Ontario or the Dominion of Canada and it shall be my responsibility to ensure that such
applicable legislation is complied with at all times. The license will be issued for one (1) year period and
all licenses shall expire on December 31 of each year.
___________________
____________________
_______________
Name (please Print)
Signature
Date
CHECK LIST FOR SUBMISSION - OFFICE USE ONLY
License Fee
Copy of Vehicle Registration
Site Drawing
Photo of the Refreshment Vehicle
Property Zoned Commercial or Industrial Written Consent by the Municipal Fire Chief
Letter of Approval from Health Unit
Written Consent from the Road Authority
Proof of Insurance
MFSE Certificate from TSSA
Written Consent by the Municipality
Comments:__________________________________________________________
_________________________________________________________________
_________________________________________________________________
APPROVAL SIGNATURE: ________________________
DATE: ___________________________
SIGN
SIGN
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
OO
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
April 14, 2025
Municipality of Southwest Middlesex
Greetings,
Re: Set Fines - Provincial Offences Act - Part 1 By-law 2025/009,
Refreshment Vehicle By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to your local
Provincial Offences Court together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and By-law 2025/009 of the Municipality of
Southwest Middlesex attached hereto are the set fines for those
offences. This Order is to take effect April 14, 2025.
Dated at London this 14TH day of April 2025.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Appendix "A"
The Corporation of The Municipality of Southwest Middlesex
Part 1 Set Fine Schedule
Provincial Offences Act
By-Law 2025/009: Refreshment Vehicle By-Law
ITEM COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or
defining offence
COLUMN 3
Set Fine*
1
Operate a refreshment vehicle
without a license
Section 2.1
$400.00
2
Operate a refreshment vehicle
without affixing a license in a
visible location
Section 2.2
$50.00
3
Operate a refreshment vehicle in
a location other than
approved
Section 2.3
$100.00
4
Operate a refreshment vehicle
between 11pm and 7am
Section 2.8
$100.00
5
Operate a refreshment vehicle
within 30 metres of an eating
establishment
Section 2.10
$400.00
6
Operate a refreshment vehicle on a
sidewalk/boulevard
adjacent to the traveled portion of a
public highway
Section 2.11
$100.00
7
Use an unapproved generator in
conjunction with a refreshment
vehicle
Section 2.13
$100.00
8
Connect a refreshment vehicle to
a municipal utility source without
an agreement in place
Section 2.14
$400.00
9
Failure to dispose of refuse
Section 3.2
$100.00
10
Failure to keep site in a clean and
sanitary condition
Section 3.5
$100.00
*Each fine is listed per offence
Note: the general penalty provision for the offences listed above is section 6.1 of Bylaw
2025/009, a certified copy of which has been filed.