By-law No. 2011-052 Refreshment Vehicle Licensing — full text, Tay Valley, Ontario

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_ BY-LAW NO. 2011-052, REFRESHMENT VEHICLE LICENSING BY-LAW | WHEREAS, Section 151 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that a municipality may provide for a system of licenses with respect to a business; AND WHEREAS, the Council of the Corporation of Tay Valley Township deems it to be in the public interest to license and regulate vehicles from which refreshments are sold; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows: 1. DEFINITIONS For the purpose of this by-law: “Chief Building Official” — shall mean the Chief ‘Building Official of the Corporation of Tay Valley Township or his/her designate. — “Chip Wagon” — shall mean a motor vehicle that is stationary in one designated site and is licensed or required to be licensed and is designed for or intended to be used for the selling, offering for sale, serving, and/or dispensing of refreshments. “Clerk” — shall mean the Clerk of the Corporation of Tay Valley Township or his/her designate. | “County” — shall mean the County of Lanark. “Fire Chief” — shall mean the Fire Chief of the Drummond/North Elmsley Tay Valley Fire Rescue or his/her designate. “License” - shall mean a license issued under the provisions of this by-law. “Medical Officer of Health” — shall mean the Medical Officer of Health for the Leeds, Grenville and Lanark District Health Unit or his/her designate. “Mobile Canteen” — shall mean a motor vehicle that is licensed or required to be licensed, is mobile at all times and is designed for or intended to be used for the selling, offering for sale, serving, and/or dispensing of refreshments. 1 of 13 THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2011-052 “Motor Vehicle” — includes an automobile, truck, trailer, motorcycle and any other vehicle propelled or driven otherwise than by muscular power. “Municipal Law Enforcement Officer” — shall mean a Police Officer, By-Law Enforcement Officer, or another person duly appointed to enforce the > by-laws oft the Township. a: “QwnerlOperator”- shall mean the owner of a refreshment vehicle and/or a person who is selling, offering for sale or otherwise dispensing of refreshmenis.. “Province” — shall mean the Ministry of Transportation. “Public Works Superintendent”- shall mean the Public Works Superintendent of the Corporation of Tay Valley Township or his/her designate. “Refreshment” — shall mean any food or beverage. “Refreshment Cart” — shall mean a muscle powered cart that is licensed or required to be licensed and is designed for or intended to be used for the e selling, offering for sale, serving, and/or dispensing of refresnmenis. “Refreshment Vehicle” — shall include a Chip Wagon, Mobile Canteen and Refreshment Cart as defined by this by-law. “Site Plan” = shall mean a plan (drawing) to scale, showing details and items relevant to this by-law. beep “Special Event” — shall mean an event, the duration of which is temporary in nature and has a maximum duration of four (4) days. “Subdivision” — shall mean an area composed of subdivided lots, on which houses or buildings are to be built or have been built, that has been registered as a plan of subdivision. “Township” — shall mean the Corporation of Tay Valley Township. 2 of 13 GENERAL LICENSING REGULATIONS 2.1 2.2 — 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 Administration of this by-law shall be the responsibility of the Clerk, who is hereby authorized to issue licenses to owners in seasrcaehinis with the provisions of this by-law. The Clerk may revoke, cancel; suspend or refuse to renew or issue a license pursuant to the provisions of this by-law. : An.application for:a new license.of a Refreshment Vehicle shall be completed and submitted to the Clerk on the forms provided along with the licensing fee. An application for a renewal of a license of a Refreshment Vehicle shall be completed and submitted to the Clerk on the forms provided:along with the licensing fee before the expiry date of such license. If ihe application is received after the expiry date of the license, a late fee will be applied. A license: may be transferred from one » Refreshment Vehicle to another and/or from one Owner to another, and for a‘Chip Wagon from one location to another, upon completion of an application for a transfer of a Refreshment Vehicle and the submission of the application, ¢ on the forms s provided, to the Clerk along with the transfer fee. The feos shall be as sted in Schedule ‘A to this by- aw, Acceptance of the application and fee shall not represent approval of the application nor shall it obligate the Township to issue a license. The term of each license shall be valid. for a period of one year from the 1° day of January to the 31“ day of December in each year, unless sooner revoked, amended, cancelled, suspended or voluntarily relinquished to the Township. The Township may impose conditions as a requirement of obtaining, continuing to hold, renewing or transferring a license at any time during the term of the license. The Township may take advice from the Ontario Provincial Police, the Public Works Superintendent, the County of Lanark, the Province and any other source in reaching decisions about any special conditions to be imposed to a license. 3 of 13 THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2011-052 211 Anowner is entitled to be licensed and is entitled to have such license renewed, except where: a). b) Cc) the operation of a refreshment vehicle is within 100 metres of an existing food establishment; and/or the operation of a refreshment vehicle is within 100 metres ofa an existing or proposed subdivision; and/or. the past conduct of the owner affords reasonable grounds for belief that the - ewner will not carry on the activity for which the owner is applying for or is qd) f) g) h) licensed for, in accordance with law and with integrity and honesty; and/or the owner is s carrying on activities that are, or will be if the owner was licensed, to be in B>hinavon bor: of this by-law, and/or there are reasonable grounds for belief that the premises, ‘accommodation, equipment, vehicles or facilities in respect of which the license is required, do not comply with the Provisions | of this by-iaw or other applicable law; and/or © ~ Wk : there are reasonable syounds for belief that the owner has provided a false statement or false information for the purpose of obtaining a license; and/or the owner owes any money, ‘including taxes, permit fees or r outstanding work-orders tothe Township; anctor the owner is in default of any fine ¢ or r fines which have been imposed by a court as a sentence arising from a conviction for breach of a by-law enacted by the Township, or arising from.a conviction for a breach of a law or regulation; and/or the owner is not in compliance with any Township land use by-laws, any other Township by-laws, any other requirement under the Planning Act or any other Act. 4 of 13 THE CORPORATION OF TAY VALLEY TOWNSHIP 3. APPLICATION REQUIREMENTS: 3.4 3.2 ‘The Owner shall provide i in full, at the time the application is submitted, all of the information requested onthe application form. The o owner shall submit the following with the application: a) b) a Site Plan drawn to scale showing details of the proposed site where the — refreshment vehicle wiil be located, which shail inciude: the exact location adjacent structures closest neighbours entrances and exits to the site parking spaces - a roads sign locations approved electrical or other utility hook-ups _. seating and/or tables, if any other specific details, as required; indicate what provisions will be made for. e garbage receptacles \ with lids garbage. fesaeval.., oe @ - e recycling. - @ dq) general cleanliness and tidiness of the site and surrounding area; a copy of a “Certificate of Liability Insurance” in the amount of not less than two million dollars ($2;000,000.00) for the operation of the Refreshment Vehicle, as identified in Section 4 of this by-law; written approval of the Medical Officer of Health that the Refreshment Vehicle has been inspected and has met all health requirements; a copy of an ‘Inspection Certificate” from: a qualified propane fitter (where _ propane is to be used) showing evidence of an inspection for compliance under the Technical Standards and Safety Act, 2000, as amended, Ontario f) Regulation 211/01 Propane Storage and'Handling, as amended, and Ontario Regulation 212/01 Gaseous Fuels; as amended; © for Chip Wagons and Mobile Canteens, written approval from the Fire Chief that the Chip Wagon and Mobile Canteen has been inspected and has met the requirements of the Fire Protection and Prevention Act, 1997, as amended; g) h) for Chip Wagons, written approval from the Township, County and/or Province (whichever applies) that the Chip Wagon has met all requirements (ex. traffic, entrance, parking, etc,) with regards t to 0 any and all roads; for Chip Wagons and Mobile Canteens; written permission from the property owner that the Owner/Operator of the Chip Wagon or Mobile Canteen has permission to use the property. : 4. OWNER REQUIREMENTS. 4.1 Every Owner licensed under this by-law shall: a) b) ensure compliance with this by-law and all-other applicable law; ensure that any person employed by the Owner or otherwise involved in carrying on the business, will do so in compliance with this by-law and ail other applicable law; keep the interior and exterior of the Refreshment Vehicle clean and in good repair; ensure that all equipment used for dispensing refreshments are keptina clean and sanitary condition; Oo clean up any debris, refuse and garbage resulting from the operation of the Refreshment Vehicle in the immediate vicinity of the serving location of the - Refreshment Vehicle; f) g) ‘accept all liability for all or any claims for injury or damage to any person or property caused or created by the operation of the Refreshment Vehicle. obtain and maintain motor vehicle insurance compliant with Ontario law to be evidenced by an, in force OAP#1 for any road licensed vehicle. In addition where a refreshment vehicle is to be operated on or from any property, roadway, road right-of-way, or location immediately adjacent thereto, of the Township, the County of Lanark or the Province of Ontario; Commercial General Liability insurance, including products liability insurance, and further that the Corporation of Tay Valley Township shall be added as an additional insured. — | 6 of 13 5. SPECIAL EVENTS 5.1 5.2 5.3 6.4 6.2 6.3 A single license may be issued for multiple Refreshment Vehicles at festivals and events upon application by the festival/event organizing body. The festival/event organizer shall submit the following with the application: a) a Site Plan drawn to scale showing details of the proposed site where the refreshment vehicles will be located,.which shall include: the refreshment vehicle types the exact locations of the refresnment vehicles ~ adjacent structures entrance and exit information from adjacent streets parking spaces approved electrical or other utility hook-ups seating and/or tables, ifany | garbage receptacles with lids and recycling locations; other spécific details, as required. © @©.e@ © @ @ & @ @ b) written commitment to remove all garbage, garbage containers, recyclables and recycle containers from the site within 24 hours of the conclusion of the event. BS . All other provisions of this by-law apply. REFRESHMENT VEHICLE INSPECTION The Clerk may require an Owner to submit his/ner Refreshment Vehicle for inspection at any time at an appointed place and time and the Owner shall submit each Refreshment Vehicle for inspection-when required to do so by the Clerk. . . Following an inspection where the Clerk does not approve a Refreshment Vehicle, the License shall be removed and the Owner shall not operate the Refreshment Vehicle until the Owner obtains approval from the Clerk. Failure to submit a Refreshment Vehicle for inspection as required shall result in the License being suspended by the Clerk until such time as the vehicle has been inspected and approved. 7 of 13 6.4 A fee shall be charged, as set out in Schedule “A”, when a re-inspection is required: a) to confirm compliance with a condition imposed; b) to rectify a deficiency in order that a license be issued or re-instated; c). because the Owner failed to appear at a scheduled inspection. REVOCATION, SUSPENSION, CANCELLATION OR REFUSAL: TO RENEW OR ISSUE 7.1 7.2 7.3 7.4 Where the Clerk has revoked, suspended, cancelled or refused to renew or issue a license under this by-law, a written notice signed by the Clerk shall be delivered to the owner within seven (7) business days and such notice shall set out and give reasonable particulars of the grounds for the decision. Where a license was revoked, suspended, cancelled c or refused for renewal, the owner shall return the license to the Clerk within seventy two (72) hours of receiving the written notice of the decision of the Clerk sent pursuant to this by- law. When a person has had a iewngé revoked, suspended or cancelled under this by-law, the Clerk may enter upon the business premises or into the vehicle of the owner for the purpose of receiving, taking, or removing the said license. When a person has had his/her license revoked, suspended, or cancelled under this by-law he/she shall not refuse to deliver or in any way obstruct or prevent the Clerk or Municipal By-Law Enforcement Officer from obtaining the said license. SERVING OF NOTICE OR ORDER 8.1 8.2 Any notice or order required to be given pursuant to this by-law by the Clerk shall be deemed to be sufficiently served if delivered personally or sent by registered mail or by prepaid first class mail addressed to the person who service is to be made, at the address on the application or the last known address on file in the Clerk’s Office. Notice served by either registered mail or by prepaid first class mail shall be deemed to have been received on the fifth day following the mailing of the notice. 8 of 13 10. NOTICE OF CHANGE OF. INFORMATION | 9.1 9.2 9.3 - When an owner who is a natural individual changes their'n name, address, or any information relating to the license, the owner shall notify the Clerk of the change ~ within seven'(7) business days after the change of information relating to the license and:shall, if required by the Clerk, return the license immediately to the Clerk for amendment. Where an owner is a corporation and there is change in the information as set out in the application for license, such as the names or addresses of the officers or directors, the location of the corporate head office or any other change in ownership, the owner shall:notify the Clerk of the change within seven (7) business days after the change of information relating to the license and shall, if required by the Clerk, return the license immediately to the Clerk for amendment. The owner shall provide seven (7) days notice, in writing, of any cancellation, expiration or variation in the insurance policy required under this by-law. ° POWER OF ENTRY: 10.1 10.2 The Township may enter on a property at any reasonable time for the purpose of carrying out an inspection to. determine whether 6 or not the following are being complied with: a) the provisions of this by-law; b) an order issued under this by-law; or c) an order made under the Municipal Act, 2001, as amended: Where an inspection is conducted by the Township, tt the person conducting the inspection may: 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 and extracts; | c) require information from any person concerning a maiter related to the inspection including their name, address, phone number and identification; and 9 of 13 11. 12. 10.3 d) alone or in conjunction witha person possessing special or expert - knowledge, make examinations or take tests, samples or photographs necessary for the purpose of inspection. The Township’ s power of entry may be exercised by an employee, officer or agent of the Township or by a member of a police force with jurisdiction, as well as by any person under his/her direction. ENFORCEMENT 41.4 Municipal Law Enforcement Officers are authorized to enforce this by-law on -behalf of the Township. OFFENCES 12.1 Operating without a License _ 12.2 12.3 12.4 12.5 No person shall operate a Refreshment Vehicle within the limits of the Township unless and until the owner has obtained a separate license for each Refreshment Vehicle, as issued under the provisions of this by-law. Failure to Display License © ae No person shail fail to display: his: or her Refreshment Vehicle License ina conspicuous place at the site or vehicle to which the license applies. Failure to Operate under Endorsed Name No person shall promote or carry on business under any name other than the name-endorsed upon the license, except in accordance with the provisions of this by-law. Failure to Report Change of Information No person shall fail to report to the Clerk every change of name, mailing address and telephone number for each Refreshment Vehicle License held, within seven (7) days of the change. Failure to Produce License No person shall fail to produce his or her License and identification upon request. 10 of 13 12.6 Obstruction of Clerk No person shall obstruct the Clerk from conducting an inspection, or withhold, destroy, conceal or refuse to supply any information or thing required for the purpose of inspection. 12.7 Obstruction of Municipal Law Enforcement Officer No person shall obstruct a Municipal Law Enforcement Officer from condueting an inspection, or withhold, destroy, conceal or refuse to supply any information or thing required for the purpose of inspection. 13. PENALTIES 13.1 Any person who contravenes any provision of this by-law shall be guilty of an offence and shall be liable, upon conviction, to a fine for each offence in accordance with Schedule “B’ of this by-law. 13.2 Upon registering a conviction for the contravention of any provision of the by- law, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted, pursuant to the Municipal Act, 2007, as amended. 14. ULTRA VIRES 14.1 Should any sections of this by-law, including any section or part of any schedules attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding. 15. EFFECTIVE DATE 15.1 This by-law shall come into force and effect on the 1* day of January, 2012. 45.2 ENACTED AND PASSED this 11" day of October, 2011. Mim anda Vv ‘I he” we a Keith | eit Reeve Amanda Mabo, C jerk THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2011-052 SCHEDULE “A” FEES | Chip Wagon $300.00 per vehicle, per location Mobile Canteen . $250.00 per vehicle Refreshment Cart $30.00 per cart Refreshment Vehicle Transfer $30.00 per transfer (vehicie to vehicle or owner to owner) Refreshment Vehicle Transfer $150.00 per transfer (location to location) Re-Inspection $30.00 per re-inspection Late Fee $30.00 per application 12 of 13 THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2011-052 REFRESHMENT VEHICLE LICENSING SCHEDULE “B” SET FINES Part I, Provincial Offences Act ITEM | Column 1 Column 2 Column 3 Short Form Wording Offence Creating | Set Fine Provision 1. | Operating without a License Section 12.1 $500 2. _| Failure to Display License Section 12.2 $200 3. Failure to Operate under Endorsed Name Section 12.3 $200 4. Failure to Report Change of Information Section 12.4 $200 5. Failure to Produce License | Section 12.5 $200 6. Obstruction of Clerk Section 12.6 $500 7. Obstruction of Municipal Law Enforcement | Section 12.7 $500 Officer Note: The penalty provisions for the offences indicated above is Section 13 of By-Law No. 2011-052, a certified copy of which has been filed. Note: The general penalty provision for the offences indicated above is Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33. 1 of 1 THE HONOURABLE LISE T. MAISONNEUVE L'HONORABLE LISE T. MAISONNEUVE REGIONAL SENIOR JUSTICE JUGE PRINCIPALE REGIONALE ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L’ONTARIO EAST REGION REGION DE L'EST 161, RUE ELGIN, 6°"° ETAGE OTTAWA (ONTARIO) K2P 211 161 ELGIN STREET, 6 FLOOR OTTAWA, ONTARIO K2P 211 TELEPHONE/TELEPHONE (613) 239-1520 FAX/TELECOPIEUR (613) 239-1572 January 23", 2012 Corporation of Tay Valley Township ih 217 Harper Road, R.R. #4 cay ba Perth, Ontario TAY VALLEY TOWNSHIP K7H 3C6 Attention: Ms. Amanda NMabo, Clerk Dear Ms. Mabo, Re: Set Fines — Provincial Offences Act — Part! By law No. 2011-052: Refreshment Vehicle Enclosed herewith is the original Order dated January 23, 2012 and original schedule of set fines for By-Law No. 2011-052, the By-law indicated in the schedule. 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 the Provincial Offences Office, which has jurisdiction for the Corporation of Tay Valley Township. Yours truly, hn EULW al LiéSé T. Maisonneuve Regional Senior Justice East Region Enclosures 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 Municipal By-law No. 2011-052 of the Corporation of Tay Valley Township, attached hereto is the set fine for that offence. This Order is to take effect on January 23, 2012. Dated at Ottawa this 23 day of January 2012. ise T. Maisonneuve, Regional Senior Justice Ontario Court of Justice East Region