Chip Truck By-law 98-24 (chip wagons, mobile canteens and other refreshment vehicles)

Stone Mills, Ontario · No. 98-24 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 61163938b54b · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BEING A BY-LAW TO LICENCE, REGULATE AND GOVERN CHIP WAGONS, MOBILE CANTEENS AND OTHER REFRESHMENT VEHICLES IN THE TOWNSHIP OF STONE MILLS. WHEREAS, Section 236 (11) of the Municipal Act, R.S.O. 1990 Chapter M. 45 authorizes Council to pass By-laws for licensing, regulating and governing vehicles from which refreshments are sold for consumption by the public and for revoking any such license; AND WHEREAS, Section 210 0(73) of the said Ac Council's to prohibit or re ; 3 ( i gulate sales by retail in the acent to them; a Highways or on vacant jots adi AND WHEREAS, 1 Township of Stene Mil these purposes. e Counci the Corporation of the 3 iat of is deems it expedient to pass a by-law for NOW THEREFORE THE One UNCIL OF THE CORPORATION OF THE TOWNSHIP OF STONE MILLS ENACTS AS FOLLOWS: SECTION 1: Definitions 1) For the purpose of this By-law the following definitions shall apply: a} "CHIP WAGON" shall mean a motorized vehicle equipped for the cartage, storage and preparation of food stuffs, beverages, confections and the aforesaid food items are offered directly for consumption to the general public. A chip wagon does not include a mobile canteen or a refreshment wheeled vehicle drawn by another motorized vehicle. "CLERK" shall mean the Clerk of the Township of Stone dD) Millis. c} “CORPORATION” shall mean the Corporation of the Township of Stone Mills. qd) "COUNCIL™ shall mean the Council of the Corporation of the Township “of Stone Mills. e) "LICENSE" shall mean a license issued under the provisions of this By-law. £} “MEDICAL OFPICER OF HEALTH" shall mean the Medical Officer St Health for Kingston Frontenac Lennox and Addington Health Unit or his duly authorized delegate. q) "MOBILE CANTEEN" shall mean a motorized vehicle an For cartage, storage, and preparations of food stuffs peverades, confections and from which the aforesaid go oods are offered for sale directly to the public for consumption primarily by persons at their place of employment or by persons attending a private Function including auction sales or other special sale where the mobile canteen operator has been invited or authorized by the person holding the sale to dispense food and beverages at such function. A mobile canteen does not include a chip wagon or 24 refreshment wheeled vehicle drawn by another motorized vehicle. A} "OTHER REFRESHMENT VEHICLE" shall mean a vehicle propelled by human muscle power selling ice cream products, pre- packaged food, fresh fruit anda vegetable products and Tar liquid refreshments only. i) - Q = "REFRESHMENT WHEELED VEHICLE DRAWN BY ANOTHER MOTORIZED VEHICLE” shall mean a wheeled vehicle equipped for the cartage, storage and preparation of food stuffs, beverages, confections and the aforesaid food items are offered directly for consumption to the general public. A refreshment wheeled vehicle drawn by another another motorized vehicle does not include a chip wagon or a mobile canteen. 'DERSON" includes a Corporation. "ROADWORTHY" shall mean that the vehicle complies will all of the requirements of the Highway Traffic Act and is licensed for operation on a public highway. SECTION 2: Licensing 1) No person shall operate a chip wagon, mobile canteen, refreshment wheeled vehicle drawn by another motorized vehicle, or other refreshment vehicle within the limits of the Township of Stone Mills who does not hold a valid license issued by the Township Clerk under the authority of this By-law. a) Application for license shall be made to the Township Clerk on the required application form which comprises Schedule "A" to this By-law. b) The said application when properly completed and accompanied by the applicable license fee shall be forwarded to the Township Council for its consideration together with other relevant information as the Clerk may obtain respecting the application. c) The Township Clerk, upon approval by Township Council of the application, and upon payment of the applicable fee shall issue a license. The annual fee per vehicle for such license shall be as follows: a) Chip Wagon - $250.00. b) Mobile Canteen - $250.00, provided however, that where the owner of such canteen pays a business tax to the Township of Stone Mills for premises used in connection with the operation of such canteen, the fee shall be $150.00 for each vehicle. Cc) Refreshment Wheeled Vehicle drawn by another motorized vehicle - $250.00. d) Other Refreshment Vehicle - $50.00 The term of each license shall be valid only from the date it was issued until December 3ist of the year it was issued. And no license shall be issued except on payment of the full amount of the prescribed fee. However, where a person (who has not at any time in the previous two (2) calender years held such a license), applies after the thirtieth day of September, a license may be issued for the balance of the term on payment of one half the license fee set out herein. A license may be transferred from one vehicle to another upon application, with no fee payable. A license may be transferred from one person to another upon application and payment of a ten dollar ($10.00) transfer fee. 1 parce 7) 10) il) 13) 14) 15) 16) -3- The license for a chip wagon or a refreshment wheeled vehicle drawn by another motorized vehicle shall be for a specific location and may be transferred to another location upon application and payment of a ten dollar ($10.00) transfer fee. Chip wagons, mobile canteens, refreshment wheeled vehicle drawn by another motorized vehicle and other refreshment yehicles are exempt from licensing under this By-law when they are involved in providing food services at special events where the operatoris already paying a fee to the charitable organization sponsoring the event. The operator of a mobile canteen, chip wagon, refreshment wheeled vehicle drawn by another motorized vehicle or other refreshment vehicle shall have at all times on display, the license granted by the Corporation and present this license on demand to inspection by any By- law Enforcement Officer of the Corporation. That aif a County Road is involved that a letter be received from the County allowing the sale of goods on a County Road and that the letter be included with the application to the Clerk. That if a Provincial Highway is involved that a letter be received from the Ministry of Transportation, stating no objections, and a copy of the letter be included with the application to the Clerk. That the decision of the Council of the Township of Stone Mills shall be final with regards to the issuing, suspending, and revoking of a license issued under this by-law. That if any part of this By-law is deemed illegal that the section or sections in question will be considered repealed, and will in no way effect the remaining sections of the By-law. That schedule "A" of this By-law can be changed by Council resolution, at any time, without notification. Every Chip, Wagon, other Refreshment Vehicle and Refreshment Wheeled Vehicle drawn by another Motorized Vehicle shall be permitted only on property which is zoned as commercial in the Township’s Zoning By-laws. That any other by-law or section of a by-law passed prior to this by-law that would contravene oF conflict with any part of this by-law are hereby repealed. SECTION 3: Regulations 1) General a} The operator of every mobile canteen, chip wagon, refreshment wheeled vehicle drawn by another motorized vehicle or other refresment vehicle shall at all times comply with the requirements of the Medical Officer of Health and prior to the issuance of a license under this By-law , supply the Clerk with written confirmation of compliance in this regard. b) The operator of a mobiie canteen, chip wagon, refreshment wheeled vehicles drawn by another motorized vehicle or other refreshment vehicle when on a public highway, shall be subject to the provisions of the Highway Traffic Act and all traffic and parking By-laws of the Corporation. a} Eyery mobile canteen or chip wagon of other refreshment wheeled vehicle drawn by another motorized yehicle shall at all times be roadworthy and shall be licensed by the Ministry of Transportation of Ontario inder the provisions of the Highway Traffic Act. a) Every mobile canteen ok chi weicoH i dkheric Ks @° eshment wheeled vehicle drawn by another motorized vehicle which is equipped with propane= fuelled appiiances must be inspected by 4 certified propane fitter, registered by the Fuel safety Branch, and. found to comply with the Ontario Propane Code and prior to the issuance of a license under this By-law, supply the Clerk with written confirmation of compliance in this regard. & = A Lt e) Any sales on public streets oF public property will be limited to Monday to Saturday 8:00 a.m. to 11:00 p.m., and Sunday from 10:00 a.m. to 6:00 p.m. Mobile Canteens a) The cperator of a mobile canteen shall conduct business only while parked off the travelled portion of public street, public lands, highways; parks and boulevards, unless permission has been granted by the Corporation. b) All mobile canteens shail be kept in a clean an presentable condition and be painted in a manner satisfactory to the Corporation and such shall include any signs appurtenant thereto. All refuse shail be deposited in proper containers and disposed of by the operator. rator of a mobile canteen shall not conduct ec} The oper business from areas designated as public parking, unless permission has been granted by ‘the Corporation. a) Each licensee of a mobile canteen shall be required to provide proof of a minimum of $500,000.00 commercial liability insurance, Chip wagon a) he operator of every chip wagon shall at all times comply with all requirements of the Fire Chief of the Corporation with respect to fire safety and prevention. Every appli icant for a license under this By-Law shall submit wrl itten confirmation from the Fire Chief or c b) Ali chip wagons shali be & & ain a clean and oresentable condition and be in @ manner satisfactory to the Corporat and such shail include any signs appur tenant che ereto. The property on which the chip wagon is located shail be maintained in a idy “condition, and all refuse shall be deposited in ereper containers and disposed of by the operator. po ra) sy ct a 3 2. cl The chip wagon shall be roadworthy and capable of being mobile under its own power. Permanent electrical or other utility hook-ups are prohibited. Temporary electrical outlets shall bear ar approval label certification from Ontario Hydro. d} Chip wagons may only be located on private commerce tial property and permission of the owner in writing must be deposited with the Cle rk prior to the issuance of a license. e) A chip wagon shall be located at least ten metres From the front line of the property on which it is located. fhe ten metre setback restriction may be reduced, provided the chip wagon would not interfere with the site line. - 5 - £) The site for a chip wagon shall provide from a minimum of three vehicle parking spaces, for the exclusive use of the chip wagons patrons. g) The applicant for a chip wagon license shall provide with the application a sketch of the proposed vehicle location, the dimensions of the property, the location of all buildings or structures on the property and the parking spaces to be provided. h) Fach license of a chip wagon shall be required to provide proof of a minimum of $500,000.00 commercial liability insurance. Refreshment Wheeled Vehicle Drawn by another Motorized Vehicle (hereafter referred to as Refreshment Wheeled Vehicle) a) The operator of every Refreshment Wheeled vehicle shall at all times comply with all requirements of the Fire Chief of the Corporation with respect to fire safety and prevention . Every applicant for a license under this by-law shall submit written confirmation from the Fire Chief or compliance in this regard. b) All Refreshment Wheeled Vehicles shall be kept in a clean and presentable condition and be painted in a manner satisfactory to the Corporation and such shall include any signs appurtenant thereto. The property on which the refreshment wheeled 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. c) The Refreshment Wheeled Vehicle shall be roadworthy and capable of being mobile under its own power. Permanent electrical ox other utility hook-ups are prohibited. Temporary electrical outlets shall bear an approval label certification from Ontario Hydro. a) Refreshment Wheeled Vehicles may only be located on private commercial property and permission of the owner in writing must be deposited with the Clerk prior to the issuance of a license. e) A Refreshment Wheeled Vehicle shall be located at least ten metres from the front line of the property on which it is located. £) The site for a Refreshment Wheeled Vehicle shall provide for a minimum of three vehicle parking spaces, for the exclusive use of the refresment wheeled vehicle patrons. g) The applicant for a Refreshment wheeled Vehicle license shall provide with the application a sketch of the proposed vehicle location, the dimensions of the property, the location of all buildings or structures on the property and the parking spaces to be provided. h) Rach license of a Refreshment Wheeled Vehicle shall be required to provide proof of a minimum of $500,000.00 commercial liability insurance. SECTION 4: Revocation of License 1) A license issued under the provisions of this By-law may be revoked by the Council when: - 6 - a) Written notice has been received from the Medical Officer of Health or the Fire Chief stating that the vehicle is operating contrary to required standards, or b) The licensee has been serviced notice of non- compliance with the terms of this By-law by the Clerk. 2. Revocation of the license by Council shall be subject to a hearing with provisions as provided by the Statutory Powers Procedures Act. SECTION 5: Contravention 1) Any person who contravenes the provisions of the By-law shall be guilty of an offence and liable to a penalty not exceeding $2,000.00 exclusive of costs recoverable under the Provincial Offences Act R.S.O. 1990 chapter P.33. Read a first and second time this k\day of Fels 1998. Read a third time, signed and sealed and finally passed this fot day of Fer 1998. 1. Schedule "A! of By-law No. Chip Wagons, Mobile Canteens, Other Refresment Vehicle, Refresment Wheeled Vehicle Drawn by Another Motorized Vehicle DATE NAME OF APPLICANT FOR LICENSE ADDRESS OF APPLICANT PHONE NUMBER TYPE OF LICENSE APPLIED FOR; CHIP WAGON MOBILE CANTEEN REFRESHMENT WHEELED VEHICLE DRAWN BY ANOTHER MOTORIZED VEHICLE OTHER REFRESMENT VEHICLE TRANSFER OF LICENSE OWNER TO OWNER (specify) TRANSFER OF LICENSE LOCATION TO LOCATION (specify) NUMBER OF VEHICLES TO BE LICENSED VEHICLE(S) DESCRIPTION: MAKE MAKE MODEL MODEL LICENSE PLATE NO. LICENSE PLATE NO. DESCRIPTION OF FOOD STUFFS, BEVERAGES TO BE SOLD: LETTER OF COMPLIANCE: CERTIFICATE OF SAFETY FOR MOTORIZED VEHICLE PROOF OF INSURANCE ON MOTORIZED VEHICLE 2. SCHEDULE "A" TO BY-LAW NO. PROOF OF COMMERCIAL LIABILITY INSURANCE HEALTH INSPECTORS APPROVAL STONE MILLS TOWNSHIP FIRE CHIEF CERTIFIED PROPANE FITTER LETTER OF APPROVAL PROM COUNTY OF LENNOX AND ADDINGTON LETTER OF APPROVAL FROM THE MINISTRY OF TRANSPORTATION VERIFICATION OF PRIVATE PROPERTY OWNER APPROVAL (Tf applicable) i i i PROPOSED LOCATION FOR OPERATION (Provide sketch if applicable) _ FEE $ (Cheque to be included with application) e DECLARATIONS; As the applicant/operator named above, I hereby make this application and confirm that I, have read By-law Number and agree to abide by its regulations. DATED THIS DAY OF , 19 APPLICANT /OPERATOR This license is hereby granted and is in effect to December 31st, . C.A.0./CLERK