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By-Law 98-1372
THE CORPORATION OF THE TOWNSHIP OF STRONG
BY-LAW #98-1372
BEING a by-law to License, Regulate and Govern Mobile Food Venders, Hawkers & Peddlers
WHEREAS the Municipal Act, Section 236(11), Chapter M.45, R.S.O. 1990 empowers
municipalities to enact 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 the Municipal Act, Section 234(1) Chapter M. 45 R.S.O. 1990 empowers
municipalities to enact By-laws for licensing, regulating and governing persons who go from
place to place or to a particular place with goods, wares or merchandise for sale, or who carry
and expose samples, patterns or specimens of any goods, wares or merchandise that are to be
delivered in the municipality afterwards;
AND WHEREAS the Corporation of the Township of Strong does hereby deem it advisable to
license Mobile Food Vendors and Hawkers and Peddlers.
NOW THEREFORE the Corporation of the Township of Strong does hereby ENACT AS
FOLLOWS:
Mobile Food Vendors
1. No person shall operate a refreshment vehicle within the Municipality without having first
having first obtained a license to commence such an operation from the Clerk of the
Municipality;
2. Properties from which sales of refreshment shall be cleared with council permission;
3. No person shall operate a refreshment vehicle or obtain a municipal license without first
having obtained a Certificate from the Medical Officer of Health;
4. No person shall operate a refreshment vehicle without having first received an inspection
report from the Fire Chief and Chief Building Official, if applicable;
5. No person shall operate a refreshment vehicle without having first obtained an
inspection report from a license propane depot, if applicable;
6. No person shall operate a refreshment vehicle unless the license is displayed in a
prominent position inside the refreshment vehicle;
7. The council may at any time after a hearing is held on notice to the licensee, revoke any
license held by the licensee for cause. Without limiting the generality of the foregoing,
Council may suspend a license for:
a) Breach of the Criminal Code of Canada
b) Any violation of the provisions of this by-law
8. No person shall operate a refreshment vehicle at a distance of 250 feet from any
restaurant or other eating establishment. Such distance shall be measured from the
Building where the eating establishment is located.
9. The sale of refreshments or confections including without the generality to the foregoing:
French fries; pogos; candy; peanuts; popcorn; ice-cream; ice cream cones; ice milk and
iced confectionary; hot dogs; sold from a basket; wagon; cart or other vehicle shall
comply as per Schedule "A" of this by-law.
10. The license granted hereunder shall permit the operator of the refreshment vehicle to
operate for the calendar year in which it was issued and shall not be valid thereafter
unless renewed or re-issued as per Schedule "A" of this By-law. The fee payable upon
the issue of each license and on any renewal or re-issue shall be the sum as set out in
Schedule "A" of this By-Law.
Hawkers and Peddlers
11. No person shall go from place to place or to a particular place with goods, wares or
merchandise for sale or carry and expose samples, patterns, or specimens of any
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By-Law 98-1372
goods, ware or merchandise that are to be delivered in the Township of Strong
afterwards without being licensed to do so under the provisions of this by-law.
12. The application for a license under this by-law shall be in writing on forms to be provided
by the Township of Strong and shall be fully completed and contain the following
information:
a) The full name, residence address, business address and telephone numbers of
the applicant and each partner, if any;
b) If the applicant is a company, corporation, club or organization, the head office
address, business address and telephone numbers as well as the full names,
addresses and telephone numbers of the principal officers thereof;
c) The names, addresses and telephone numbers of the firms represented by the
applicant;
d) A complete list of goods, wares or merchandise intended to be sold;
e) The names, addresses and telephone numbers of the manufacturers or suppliers
of the goods, wares or merchandise intended to be sold;
f) The names, addresses and telephone numbers of three character references
and three business references
13. The applicant at the time of making the application for a license shall furnish the
Municipal Clerk with true copies of all forms of contract, promissory notes or other
documents intended to be used by the applicant in connection with the sale of goods,
wares or merchandise as aforesaid.
14. The Municipal Clerk shall make all proper investigations pertaining to the applicant for a
license as aforesaid and shall report thereon to council when making their
recommendation.
15. A license issued pursuant to the provisions of this by-law shall not be transferrable.
16. Every single person licensed under this by-law upon changing his address, shall give
written notice thereof to the Municipal Clerk within 10 (ten) days after such change,
setting forth his new address.
17. The provisions of this by-law shall be enforced by the Municipal Clerk and/or the
designate officer.
18. No license under this by-law shall be required for hawking, peddling, or selling goods,
wares or merchandise:
a) To wholesale or retail dealers in similar goods, wares, etc;
b) If the goods, wares or merchandise are grown, produced or manufactured in
Ontario and are hawked, peddled or sold by growers, producers or
manufacturers or his agent or employee having written authority to do so, in the
municipality in which the grower, producer or manufacturer resides or
c) If the goods, wares or merchandise are grown or produced by a farmer resident
in Ontario who offers for sale or sells only the produce of his own farm, or
d) If the goods, wares or merchandise are hawked, peddled or sold by a person
who pays business tax in the Township of Strong or by his employee/agent
e) If the goods, wares or merchandise are hawked, peddled or sold by an agent of
the grower, producer or manufacturer acting on behalf of a dealer who pays
business tax in the Township of Strong in respect of premises used for sale of
such goods, wares or merchandise, or
f) By persons who sell milk or cream or fluid milk and ice products to the consumer
or to any person for re-sale.
19. The provisions of this by-law shall not apply to any institution, organization or club in the
Township of Strong where the proceeds from the sale of goods, wares or merchandise
will be used for charitable, philanthropic, religious, welfare, community, athletic,
education or fraternal purposes within the Township of Strong and shall not apply to the
following institutions, organizations or clubs within the Township of Strong:
a) Service Clubs
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By-Law 98-1372
b) Boy Scouts and Girl Guides
c) Such other institutions, organizations or clubs as the Council by resolution may
approve.
20. Any person convicted of a breach of any of the provisions of this by-law shall forfeit and
pay, at the discretion of the convicting Provincial Offenses Court, a fine or penalty not
exceeding the sum of Five Hundred Dollars ($500) for each offence, exclusive of costs,
to be recoverable under the Provincial Offenses Act.
21. Any person convicted of a breach of any of the provisions of this by-law by Provincial
Offenses Court or competent jurisdiction thereafter, in addition to any other penalty
imposed on the person convicted, will be issued an order prohibiting the continuation or
repetition of the offence or the doing of any act by the person convicted directed toward
the continuation or the repetition of the offence.
READ A FIRST AND SECOND TIME THIS 10TH DAY OF MARCH 1998
READ A THIRD TIME AND FINALLY PASSED ON A MOTION BY John Newstead and
SECONDED BY Rodger Brimacombe THIS 24TH DAY OF MARCH 1998
________________________________
_____________________________
Diana Georgie, Clerk
Stephen R. Rawn, Reeve
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By-Law 98-1372
BY-LAW 98-1372
SCHEDULE "A"
MOBILE FOOD VENDORS
RESIDENTS FEE
NON-RESIDENT
Refreshment Vehicle - fully motorized
that serves coffee, confections, and other
cold/hot food (Bal. of 1998)
$50.00
$50.00
Refreshment Vehicle - fully motorized
that serves coffee, confections and other
cold/hot food - 1999 & after
$125.00
$250.00
Refreshment Vehicle - fully motorized
that serves deep fried food as well as
coffee, confections and other cold/hot
food
$125.00
$250.00
Refreshment Vehicle - that are pulled or
pushed by human muscular power that
serves hot dogs or any hot food on the unit
$125.00
$250.00
Refreshment Vehicle - that are pulled or
pushed by human muscular power that
services cold food or non-cooked food on
the unit
$125.00
$250.00
HAWKERS AND PEDDLERS
Residents of Strong Township
Annual Fee
$125.00
Non-Residents of Strong Township
Annual Feel
$250.00
Siding Installers - 25km outside of the
Township of Strong Boundaries
$250.00