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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 ;
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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
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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
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liquid refreshments only.
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"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.
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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
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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.
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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
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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.
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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.
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£) 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:
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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)
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i PROPOSED LOCATION FOR OPERATION (Provide sketch if applicable) _
FEE $ (Cheque to be included with application)
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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