This is the exact embedded text of the captured official document.
Snapshot aeb88c218d26 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 9
BY-LAW 92-2022
THE CORPORATION OF THE TOWN OF ST. MARYS
Being a By-law to provide for the licencing, regulating and governing of refreshment
vehicles within the Town of St. Marys.
WHEREAS:
Pursuant to Section 150 and 151 of the Municipal Act, 2001, as
amended, a municipality may provide for a system of licences with
respect to any business wholly or partly carried on within the
municipality, including the sale or hire of goods or services on an
intermittent or one-time basis;
AND WHEREAS:
Pursuant to Section 11(2) of the Municipal Act, 2001, as amended, a
municipality may exercise its licencing powers for the purpose of
consumer protection and to protect the health and safety of the
general public;
AND WHEREAS:
The Corporation of the Town of St. Marys has determined it is
desirable to licence Refreshment Vehicles within the Town for reasons
of health, safety and consumer protection;
NOW THEREFORE:
The Council of the Corporation of the Town of St. Marys hereby enacts
as follows;
1.0 DEFINITIONS
For the purpose of the By-law, the following terms shall have the meanings indicated:
a) "Applicant" shall mean the Refreshment Vehicle Owner, or their agent, who
applies to the Clerk for a Refreshment Vehicle Licence in accordance with the
provisions of this By-law;
b) "Clerk" shall mean the Clerk of the Corporation of the Town of St. Marys as
appointed by By-law;
c) "Downtown" shall have the same meaning as defined in the Town of St. Marys
Official Plan;
d) "Licence" shall mean a licence issued by the Clerk to operate a Refreshment
Vehicle pursuant to the provisions of this By-law;
e) "Licensee" shall mean any person who is issued a Licence for a Refreshment
Vehicle pursuant to the provisions of this By-law;
f) "Private Event" shall mean an event that is held on private property; that is by
invite only and/or is not open to the general public; and where Refreshments are
not made available to the general public, including but not limited to, weddings,
birthday parties, family reunions, employee recognition events et cetera.
Page 2 of 9
g) "Property Owner" shall mean the registered owner of land, and includes a lessee,
mortgagee in possession or any person in charge of the property;
h) "Public Event" shall mean a cultural, recreational, educational, charitable or
similar event that is open to the general public including, but not limited to, fairs,
festivals and carnivals et cetera;
i) "Refreshment" shall mean any food or beverage prepared or provided for human
consumption;
j) "Refreshment Vehicle" shall mean any vehicle whether motorized or not from
which Refreshments are offered for consumption by the public and may include a
motor vehicle, motor assisted bicycle, trailer, bicycle, tricycle or any other vehicle
drawn, propelled or driven by any kind of power, including muscular power;
k) "Refreshment Vehicle Owner" shall mean the owner, or the operator in the case
where the owner does not perform day to day operations, of the Refreshment
Vehicle for which a Licence is applied pursuant to this By-law and in relation to a
motor vehicle shall mean the registered owner of the vehicle as shown by the
records kept by the Ministry of Transportation and includes a lessee or mortgagee
in possession; and
l) "Town" shall mean the Corporation of the Town of St. Marys.
2.0 REQUIREMENTS
1) No person shall sell or offer any Refreshment to the public from any Refreshment
Vehicle unless the person has a valid Licence.
2) No person including any Property Owner shall cause or permit any person to offer
Refreshments from a Refreshment Vehicle on any property located within the Town
of St. Marys contrary to this By-law.
3.0 APPLICATIONS
1) Any person who wishes to sell Refreshments to the public from a Refreshment
Vehicle must be a minimum of eighteen (18) years of age, and may apply to the Clerk
for a Licence for the Refreshment Vehicle to be accompanied by the following:
a) a completed application in writing in a form authorized by the Clerk and
executed by the Applicant;
b) an application fee as prescribed in the Town's Fees By-law, as amended;
c) a satisfactory inspection report from the Health Unit completed no more than
three (3) months prior to the date of application
d) a Technical Standards & Safety Authority Field Approval for all equipment and
appliances that are not approved by the Canadian Standard Association or the
Underwriter Laboratories of Canada;
e) proof that the Refreshment Vehicle complies with propane, handling and
storage provision of the Technical Standards and Safety Act, 2000, S.O 2000,
c. 16, as amended, and any regulations thereunder, where applicable;
Page 3 of 9
f) proof that the Refreshment Vehicle has received a satisfactory inspection of
its fire suppression system and fire extinguishers. The fire suppression system
and fire extinguishers are required to be reinspected if the Refreshment
Vehicle is on operation for greater than six (6) months of the year;
g) documentation from the Fire Chief or designate confirming that the
refreshment vehicle and all buildings, structures, and facilities, or the plan for
same, are in compliance with applicable fire safety regulations;
h) documentation from the Town's Chief Building Official confirming that all
buildings, structures and facilities, on site, or the plans for same, are or will be
in compliance with the requirements of the Town's Zoning By-law, Property
Standards By-law and the Building Code Act S. O. 1992, c.23, as amended;
i) proof of a valid Province of Ontario driver's licence, if applicable;
j) a copy of the ownership for the Refreshment Vehicle, if applicable;
k) proof of general liability insurance (by an insurer satisfactory to the Town) in
the amount of $2,000,000.00 naming the Town as an additional insured;
l) proof of automotive liability insurance (by an insurer satisfactory to the Town)
in the amount of $2,000,000.00 on all vehicles used in Refreshment Vehicle
operations;
m) the dimensions of the Refreshment Vehicle;
n) a plan for the containment and disposal of grey water, grease and garbage in
a sanitary manner satisfactory to the Town;
o) evidence that the Refreshment Vehicle does not require the use of municipal
services when operating on public property;
p) a description of food menu;
q) a photograph of the Refreshment Vehicle;
r) written permission from the Property Owner of private property, clearly
acknowledging the intended use of the property (if applicable); and
s) a general sketch or plan outlining the location of all roads and streets and
their names, all buildings, the buildings dimensions and their proximity to
other buildings and property lines.
t) the appropriate Licence fee required in accordance with the Fees By-law
2) A Licensee must ensure the required certificates and approvals are kept in the
Refreshment Vehicle at all times and available for immediate inspection upon
demand by the Clerk, Police Officer, By-Law Enforcement, Fire Inspector, or Public
Health Inspector.
4.0 ISSUANCE, INELIBILILITY, AND DISQUALIFICATION OF LICENCE
1)
The Clerk is not required to consider any application for a Licence until the
application is complete, and the Applicant has provided all information and
documentation as required pursuant to this By-law, as well as the annual
application fee.
Page 4 of 9
2)
The Clerk is not required to consider any application for a Licence if the Applicant is
in breach of this or any other Town by-law or health unit or provincial or federal
legislation.
3)
The Clerk may approve or refuse any Licence application and may impose any
conditions upon an approval as they deem appropriate. This can be done based on
the vehicle type, appearance or where the location is deemed inappropriate,
unsuitable or unsafe.
4)
No person shall operate a Refreshment Vehicle within fifteen (15) metres from a
fuel dispenser at a fuel dispensing station or retail propane dispensing tanks and
cylinders.
5)
The St. Marys Fire Department may impose alternative setbacks from adjacent
structures or Vehicles as is deemed necessary in the interest of public safety.
6)
Licensees shall comply with all Town by-laws, including, but not limited to the
Town's Zoning By-Laws and Property Standards By-Law, and comply with all
provincial and federal legislation.
7)
A Licensee shall comply with all Licence requirements.
8)
If, at any time, the Clerk determines, as a result of evidence that is provided, that
the operation of a licenced Refreshment Vehicle does not conform to the
requirements of this or any Town by-law or health unit or provincial or federal
legislation, the Clerk may suspend or revoke the Licence.
9)
A total of two (2) Licences shall be issued for permanent Refreshment Vehicles to
be located in the Downtown as detailed in Section 5 of this by-law. Each
Refreshment Vehicle shall be subject to the Licence fees and regulations as set out
in this By-law. Existing Licence holders will have priority over applications submitted
by new applicants, subject to being in good standing with the Town.
10) Notwithstanding Section 4.9, there shall be no limit on the number of Licences for
Public Events which are located in the Downtown.
5.0 LOCATIONS
1) Downtown
a) The parking stall on the west side of Water Street North, south of Trout Creek,
adjacent to the municipal parking lot;
b) Additional location(s) deemed appropriate by the Town.
2) Municipal Facility Parking Lots and Municipal Parks
a) being requested by municipal staff to attend the property, or;
b) having been granted a Licence issued by the Clerk after considering the
provisions of Section 5.3.c below; and
c) operating in compliance with regulations provided by the Town; and
d) operating in compliance with the by-law.
3) Private Property and Offering Refreshments to the General Public
Page 5 of 9
a) Private property in the "Industrial", Commercial", and "Institutional" zones and
zones that include as a permitted use any of the following: "Eating
establishment (take out)", "Caterer's establishment", "Banquet hall" and/or
"Hotel", subject to the Refreshment Vehicle and its location meeting the
requirement of the Town's zoning by-law and traffic by-laws.
b) Notwithstanding subsection 3.a, the Clerk may approve the operation of a
Refreshment Vehicle for a Public Event on private property in any zone with
the submission of the following:
i. Written proof of invitation to the location from the property owner or
event organizer; and
ii. Written proof the event is no more than three consecutive days in
length.
c) The Clerk's approval shall consider:
i. the general intent of the by-law;
ii. the past actions by the Refreshment Vehicle operator; and
iii. the impact on the community.
4) Private Events on Private Property
a) Refreshment Vehicles that are providing services to Private Events with the
consent of the Property Owner, and where Refreshments are not made
available to the general public, are exempt from requiring a Licence and
paying a fee.
b) Notwithstanding Section 5.2 (a) above, Refreshment Vehicles that are
providing services to Private Events shall comply with all applicable Town,
Provincial, Federal provisions and regulations.
6.0 TERM OF LICENCE
1) Licences shall be issued for a maximum period of one year and shall come into effect
on the date that they are issued, and expire on December 31 of that same year,
unless revoked or suspended.
2) Daily licenses are valid only for the date(s) as indicated on the license.
3) Licences are not transferable except with the written consent of the Clerk.
7.0 PROVISIONS
1) A Refreshment Vehicle shall not exceed:
a) 2.6 metres in width, and ;
b) 13.4 metres in length, and;
c) or no larger than one parking stall if located within the Downtown, and;
d) 4,500 kilograms.
2) No person shall carry on a Refreshment Vehicle business or occupation for which a
Licence is required under this by-law:
Page 6 of 9
a) if the Licence has expired or been revoked; or,
b) while the Licence is under suspension.
3) Refreshment Vehicles shall be exempt from hourly parking limits on Town highways
provided they are:
a) parked in legal parking stalls;
b) actively engaged in the operation of the Refreshment Vehicle business; and,
c) in compliance with this by-law.
4) No person shall operate a Refreshment Vehicle business except in the defined areas
set out in section 5 of this by-law, subject to Zoning By-Law compliance and
compliance with other applicable by-laws not exempted by this by-law.
5) No person shall operate a Refreshment Vehicle without affixing a refreshment vehicle
licence issued under the provisions of this by-law in a conspicuous place on a
Refreshment Vehicle for which it is issued.
6) No person shall connect to a municipal utility source while situated on municipal
property.
7) No person shall transfer a licence except with consent in writing of the Clerk, and the
Clerk shall not be bound to give such consent to the transfer.
8) All Refreshment Vehicles shall operate in compliance with the Town's Noise By-law.
9) No person shall permit Refreshment Vehicles to park overnight on public property or
private lands after operating hours except on land owned, leased or rented by the
operator and in compliance with the Town's Zoning By-Law and Parking, Traffic and
Boulevard Maintenance By-law.
10) The requirements of section 7.9 above do not apply where:
a) A Refreshment Vehicle is parked on private property for the duration of a
Private Event or Public Event
b) A Refreshment Vehicle has been granted an exemption by the Town to
permit overnight parking on public property.
11) No person shall equip a Refreshment Vehicle with any sounding device, loud
speakers, amplifier or other hailing devices for attracting attention.
12) No person shall operate a Refreshment Vehicle:
a) within 10 metres of a restaurant without consent from the restaurant;
b) in a manner that interferes with the normal use of a sidewalk by pedestrians
c) on the boulevard adjacent to a public highway;
d) on private property without the written consent of the Property Owner;
e) in a residential area, except on the specific request and with the written
permission of a resident to provide food to that resident and guests at the
resident's address; or,
Page 7 of 9
f) on highways outside of the Downtown.
13) Notwithstanding 7.12 (a) there shall be no consent requirements for Refreshment
Vehicles operating at Public Events which are located in the Downtown.
14) No person shall operate a Refreshment Vehicle with a licence that is expired, revoked
or suspended.
15) Every Licensee shall produce the Licence for inspection at the request of the Clerk,
Police Officer, By-Law Enforcement, Fire Inspector, or Public Health Inspector .
16) Every Licensee shall maintain the Refreshment Vehicle in a clean and sanitary
condition, with adequate measures for the storage and disposal of garbage and
waste and sufficient levels of illumination to permit the safe use of the Refreshment
Vehicle. The placing of refuge in a sidewalk refuge container provided by the Town is
not sufficient to constitute removal.
17) Every Licensee shall ensure that the grounds in the vicinity of the Refreshment
Vehicle for a distance of 30 metres are kept clean of all waste.
18) Every Licensee shall comply with all provisions of this By-law and with all provisions
set out in the Licence.
19) Every Licensee shall comply with all applicable Town, Provincial, Federal provisions
and regulations.
8.0 EXEMPTIONS
1) The requirement for Licence fees shall be exempt for those Refreshment Vehicles
operating at Public Events that are owned and operated by existing St. Marys food
and beverage establishment owners for the duration of the event.
2) The requirement for Licence fees shall be exempt for Public Events organized by
service clubs and registered charities whose charitable objects benefit the residents
of the Town of St. Marys.
9.0 INSPECTIONS
1) The Town may enter on land at any reasonable time for the purpose of carrying out
an inspection to determine whether this By-law, an Order to Discontinue Activity, or
an order under Section 431 of the Municipal Act, 2001 is being complied with.
2) For the purposes of conducting an inspection pursuant to 9.1 of this by-law, the Town
may, in accordance with the provisions of Section 436 of the Municipal Act, 2001;
a) require the production for inspection of documents or things relevant to the
inspection;
b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c) require information from any person concerning a matter related to the
inspection; and,
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take test, samples or photographs
necessary for the purposes of the inspection.
Page 8 of 9
3) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who
is exercising a power or performing a duty under this by-law.
10.0 ORDER TO DISCONTINUE ACTIVITY
1) Where the Clerk has reasonable grounds to believe that a contravention of this By-
law has occurred, the Clerk may issue an Order to Discontinue Activity requiring the
person contravening the By-law, or who caused or permitted the contravention, or the
owner or occupier of the land on which the contravention occurred, to discontinue
the contravening activity and every person shall comply with such an order.
11.0 ENFORCEMENT
1) This by-law may be enforced by the Clerk, Police Officer and Public Health Inspectors,
By-Law Enforcement Officer, or Fire Inspector.
12.0 OFFENCE AND PENALTY PROVISIONS
1) Any person who contravenes any provision of this By-law is guilty of an offence and:
a) Upon conviction is subject to a maximum fine of five thousand dollars
($5,000.00); and
b) A maximum fine of ten thousand dollars ($10,000.00) upon a first conviction
and a maximum fine of $25,000 for any subsequent conviction.
2) Despite section 12.1, where the person convicted is a corporation, the corporation is
liable;
a) On the first conviction, to a maximum fine of not more than ten thousand
dollars ($10,000.00); and
b) On any subsequent conviction, to a maximum fine of not more than twenty-
five thousand dollars ($25,000.00).
3) Every person who contravenes any provision of this bylaw is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended
13.0 SHORT TITLE
This By-law may be referred to as the "Refreshment Vehicle By-law".
14.0 REPEAL
1) By-law 34-69, To Licence, regulate, and govern food premises, and for revoking any
such licence.
2) By-law 16-1998, To Amend By-law No. 34-69 regulating mobile canteens in the Town
of St. Marys.
Page 9 of 9
15.0 ENACTMENT
This By-law comes into force and takes effect on January 1, 2023.
Read a first, second and third time and finally passed this 11th day of October 2022.
Signed by Mayor
Mayor Al Strathdee
Signed by Clerk
Jenna McCartney, Clerk
The Corporation of the Town of St. Marys
Schedule A - By-law 92-2022
Being a By-law to Regulate Refreshment Vehicles
Penalties of Infraction
Part I: Provincial Offences Act
Item Short Form Wording
Provision
creating or
defining
offence
Set
Fine
1
Sell or offer refreshments from a refreshment vehicle - no licence
2(1)
$150.00
2
Refreshment vehicle is within 15 metres of fuel or propane dispensing tank and cylinder
4(4)
$150.00
3
Operate a refreshment vehicle with an expired or revoked licence
7(2)a
$150.00
4
Operate a refreshment vehicle with a suspended licence
7(2)b
$150.00
5
Operate a refreshment vehicle in an unauthorized area
7(4)
$150.00
6
Operate a refreshment vehicle without a licence affixed to the vehicle
7(5)
$150.00
7
Connect refreshment vehicle to a municipal utility
7(6)
$150.00
8
Transfer a licence without Town's consent
7(7)
$150.00
9
Vehicle equipped with sounding device, loud speakers, amplifier or other hailing device
7(11)
$150.00
10
Operate a refreshment vehicle within 10 metres of a restaurant without consent
7(12)a
$150.00
11
Operate a refreshment vehicle that interferes with the normal use of a sidewalk
7(12)b
$150.00
12
Operate a refreshment vehicle on the boulevard adjacent to a public highway
7(12)c
$150.00
13
Operate a refreshment vehicle on private property without consent
7(12)d
$150.00
14
Operate a refreshment vehicle on highways outside of the Downtown
7(12)f
$150.00
15
Operate a refreshment vehicle with a licence that is expired, revoked or suspended.
7(14)
$150.00
16
Contravene an order to discontinue activity
10(1)
$300.00
NOTE: The penalty provisions for the offences listed above is Section 12.1 of by-law 92-2022, a certified copy of which has been filed.