By-law No. 2023-047 Licensing Mobile Food Vendors

Tecumseh, Ontario · No. 2023-047 · adopted 2023-04-25 · summary & facts

This is the exact embedded text of the captured official document. Snapshot f7a725a2f0f6 · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

The Corporation of the Town of Tecumseh By -Law Number 2023- 047 Being a By -Law to license Mobile Food Vendors in the Corporation of the Town of Tecumseh Whereas under subsection 11( 2) of the Municipal Act, 2001, a municipality may pass by-laws for protecting the health, safety, and well- being of persons; and for the protection of persons and property, including consumer protection; And whereas under Section 151( 1) of the Municipal Act, 2001, a municipality may provide for a system of licences with respect to any business and may, a) prohibit the carrying on or engaging in the business without a licence; b) refuse to grant a licence or suspend a licence; impose conditions as a requirement to obtaining or continuing to hold and renew a licence; c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; d) impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence; e) impose conditions, including special condition, as a requirement of continuing to hold a licence at any time during the term of the licence; and f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it. And whereas Section 391 on the Municipal Act, 2001, enables a municipality to pass a by- law imposing fees or charges for services and activities provided or done by or on behalf of it; And whereas the Council of the Corporation of the Town of Tecumseh deems it appropriate to regulate Food Vendors within the Town. By -Law Number 2023- 047 Page 2 Now Therefore the Council of The Corporation of The Town of Tecumseh enacts as follows: Definitions Applicant means a Person seeking a Licence or renewal of a Licence and is the Person who is managing or responsible for the overall operations of a Refreshment Vehicle. Eating Establishment means a restaurant or building that prepares and/or sells Food or drink for public consumption. Fire Chief means the Fire Chief of the Town. Food means food or drink for human consumption and includes refreshments and confections but shall not include the sale of alcohol or cannabis. Food Vendor means a person who sells or offers food or drink for consumption inclusive of refreshments and confections including pre -packaged, prepared, wholesale, bulk or catered food or the Food of an operator or proprietor of food premises or eating establishment ( the " Food') who sells or offers such Food from a Refreshment Vehicle as further defined in this By- law Frozen Treat Vehicle means a Refreshment Vehicle which only provides ready -to -eat frozen dessert type refreshments ( such as popsicles, ice cream bars, and slushies) which are prepared and/ or sold for consumption to the public. Health Inspector means a Public Health Inspector acting under the direction of the Medical Officer of Health for the Windsor -Essex County Health Unit. Highway shall have the same meaning as " highway" in the Highway Traffic Act R.S. O. 1990, C. H8 as amended or successor thereto. Licence means a licence issued by the Municipal Clerk to operate a Refreshment Vehicle or Frozen Treat Vehicle in accordance with this by- law. Licensee means a Food Vendor to whom a Licence has been issued. Motor Vehicle means a motor vehicle as defined by the Highway Traffic Act, R. S. O 1990, C. H. 8, as amended or successor thereto. Municipal Clerk means the Clerk of the Town of Tecumseh or a designate. Municipal Property means all property owned, leased or under control of the municipality and without limitation this term shall include all Parks, open spaces, open and unopened road allowances, sidewalks, pathways, trails and parking lots. Law Number 2023- 047 Paqe 3 Officer means a police officer, provincial offences officer, a municipal by- law enforcement officer or any other person as may be appointed by Council to enforce this by- law. Private Property means all property in the Town of Tecumseh but does not include any Highway or Municipal Property. Person means an individual, a partnership, or a corporation and the heirs, executors, administrators or other legal representatives of the Persons, as the case may be. Refreshment Vehicle means a Food Vendor who sells or offers Food primarily based from any `motor vehicle as defined by the Highway Traffic Act and includes but Is not limited to catering trucks, chip trucks , Frozen Treat Vehicles ( motorized or non - motorized) and includes any trailers hauled by a motor vehicle AND/ OR the selling or offering of Food primarily based from any non -motorized, muscular powered or stationary equipment and shall include but not be limited to bicycle refreshment carts, portable barbecues to grills, tables or coolers. Special Event means an event held by the Town or sponsored by the Town for which a License and/ or such other authorization from the Town is required.. Town means The Corporation of the Town of Tecumseh. Waste means any food, disposable eating utensils, paper, wooden, cardboard, plastic, glass or metal products used in the preparation, serving or consumption of the food or beverage offered for sale from a refreshment vehicle. Zone means a zone defined in the Town of Tecumseh Zoning by-law, as amended from time to time. 2. General Prohibitions 2. 1 No Food Vendor shall operate without a Licence issued under this by- law. 2. 2 No Food Vendor shall operate with a suspended or revoked Licence. 2. 3 The Licensee shall conform to the requirements and any conditions of the Licence throughout the duration of the Licence. 2. 4 Each Refreshment Vehicle location must be licensed separately. If there is more than one Refreshment Vehicle to be licensed at one location then each Refreshment Vehicle at such location shall require a license. 2. 5 No Person shall sell or offer Food from a Refreshment Vehicle between the hours of 11: 00 pm to 7: 00 am, seven ( 7) days a week. By -Law Number 2023- 047 Page 4 2. 6 Every Person providing Food from a Refreshment Vehicle shall do so in accordance with the applicable provisions of the Health Protection and Promotion Act, R. S. O, 1990, c. H. 7, as amended, and regulations made there under any successor legislation in substitution thereof. 2. 7 Every Person who has been issued a Licence for a Refreshment Vehicle may additionally require such further License and/ or Town authorization for each Special Event location where the Refreshment Vehicle wishes to carry on business. Licensing Procedures 2. 8 Every application for a Licence shall be completed and submitted on forms prescribed by the Municipal Clerk as may be amended from time to time, and such other information or documentation as the Clerk may require and shall include the required licensing fee of $350. 00 per license ( as may be amended and prescribed further from time to time in accordance with the Town' s Fees and Charges By-law). Additional Fees or charges may be applicable for Special Event locations. 2. 9 Every application to request a location shall include a site plan drawn to scale showing the proposed vehicle location, adjacent structures, entrance and exit from adjacent street( s), proposed additions to the vehicle, signs, the location and proposed hook- up of all utilities and setback distances from the street, all as required by the provisions of this by-law. 2. 10 A Licence issued under the provisions of this by-law shall not be assigned, transferred, leased or granted the right to use to any other Person. 2. 11 Every change of address or telephone number of any Person licensed under this by-law shall be reported to the Clerk within fifteen ( 15) days. 2. 12 Licences are valid from the date of issuance and expire on December 31st of each year, unless revoked, suspended, or otherwise issued for a shorter or different period of time. 2. 13 Licence fees will not be prorated. 2. 14 Licence fees are not refundable. Licensing Requirements -- Refreshment Vehicle 2. 15 Every Licence application to operate a Refreshment Vehicle shall include the following: 2. 15. 1 the applicable fee as set out herein or as may be amended and prescribed further from time to time in accordance with the Town' s Fees and Charges By- law); aw Number 2023- 047 Paae 5 2. 15. 2 a photograph of the Refreshment Vehicle; 2. 15. 3 a current list of the location ( s) at which the Refreshment Vehicle shall operate; 2. 15. 4 A current list containing the name, address, and phone number of every Person who will be operating the Refreshment Vehicle, which may be used for notification purposes in respect of health and / or public safety matters; 2. 15. 5 a copy of the Refreshment Vehicle registration, where applicable; 2. 15. 6 If the Refreshment Vehicle is a Motor Vehicle, a valid safety standards certificate issued by a provincially authorized Motor Vehicle Inspection mechanic certifying that the Motor Vehicle to which the license application relates to, and complies in all respects with the applicable equipment and performance standards set out in the regulations made under the Highway Traffic Act, R. S. O. 1990, c.H18, as amended, or any successor thereto; 2. 15. 7 Indemnification and proof of Commercial General Liability insurance in the amount of two million dollars ($ 2, 000, 000) for the sale of prepackaged foods or five million dollars ($ 5, 000, 000) for when raw food is being cooked. In addition to: 2. 15. 7. 1 Proof of Automobile Liability Insurance in the amount of two million dollars ($ 2, 000, 000), coverage against claims for bodily injury and/ or property damage for all licensed Motor Vehicles and related equipment owned or leased by the Applicant. 2. 15. 8 Such policy or policies shall be in the name of the owner and shall name The Corporation of the Town of Tecumseh as an additional insured thereunder, and shall state that The Corporation of the Town of Tecumseh shall be indemnified by the owner of the Licence so that if a lawsuit is filed against the Town, notwithstanding that the operator or owner of the Licence or vehicle will be required to pay the Town any and all costs it incurred, or losses suffered by the Town as a result of any legal proceeding. All policy or policies shall also contain a cross liability of interest clause protecting the Town against any actions, causes of actions, claims and demands whatsoever which may arise resulting from the Town' s insurance of the permit to use in the designated area; 2. 15. 9 It shall be the responsibility of the Licensee to ensure that all such insurance is renewed and kept in force and effect without interruption during the term of the Licence, and evidence of such insurance renewal must be submitted to the Town within thirty ( 30) days of expiration. By -Law Number 2023- 047 Paae 6 2. 15. 10 The proof of insurance shall include a provision that the Municipal Clerk will be given at least ten ( 10) days' notice in writing of any cancellation, expiration or variation in the policy; 2. 15. 11 No Licensee shall fail to have proof of insurance on site while operating the Refreshment Vehicle; 2. 15. 12 The Town or the Municipal Clerk may require additional types of insurance coverage or higher limits of insurance coverage; 2. 15. 13 Proof of an inspection conducted by the Windsor -Essex County Health Unit dated within thirty ( 30) days of the Application for a Licence of both the Refreshment Vehicle and any premises used to prepare Food; 2. 15. 14 A copy of a valid Food Handler Certification Card for at least one ( 1) employee supervising the preparation, processing, packaging, service, and storage of Food; 2. 15. 15 the Licensee and any Person operating a Refreshment Vehicle shall provide a Criminal Record Check; 2. 15. 16 Where the Refreshment Vehicle is fitted with propane or natural gas except for 20 pound or smaller sized propane or natural gas tanks), a current certificate issued within thirty ( 30) days of the date of the Refreshment Vehicle licence application, on the prescribed Technical Standards and Safety Authority ( TSSA ) form, by a provincially authorized propane or natural gas fitter, as the case may be, certifying that the Refreshment Vehicle complies with the applicable equipment and performance standards as prescribed by the Province of Ontario; 2. 15. 17 Proof of inspection conducted by the Fire Chief of the Town of Tecumseh dated within thirty ( 30) days of the Application for the Licence of both the Refreshment Vehicle to comply with the NFPA 96 ( Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations) and any premises used to prepare Food must comply with the Ontario Fire Code. If the Food premises is located outside of the Town of Tecumseh, an inspection of the food premises is required by the Fire Services of the municipality. 2. 15. 18 Written permission from the owner and operator is required for a Refreshment Vehicle location if the location is on private property. 2. 15. 19 If, as determined by the Municipal Clerk acting reasonably, the owner/ operator of the Refreshment Vehicle is one and the same as the owner/ operator of an existing food premises or eating establishment that sells or offers food or drink for consumption on the private property location that is the subject of the application then, provided permission has otherwise been obtained from the By -Law Number 2023- 047 Page 7 Owner of the private property location ( if different than the operator), the licensing fee shall not be applicable but the applicant will otherwise still continue to be subject to the terms and conditions of this By- law as applicable. 2. 15. 20 Not operate at a Special Event or on any Municipal Property without a license issued under this By-law or unless the license requirement has been waived by the Municipal Clerk; 2. 15. 21 Such other conditions as the Municipal Clerk may impose that are not otherwise specified in this by-law as a requirement of obtaining or renewing a Licence under this by- law. 2. 16 Every Licensee shall produce the Licence issued in accordance with this by- law when requested to do so by an Officer. 2. 17 Every Licensee shall affix the Licence to the Refreshment Vehicle so it is clearly visible to the public and customers at all times. 2. 18 The Refreshment Vehicle and immediate surrounding location shall be kept in a clean and sanitary condition at all times and free from grease, papers, rubbish and debris. 2. 19 Every Licensee shall equip the Refreshment Vehicle with a hard sided garbage receptacle with lid and recycling bin of sufficient size to accommodate waste and all waste generated by the operation of the Refreshment Vehicle. The Licensee shall ensure that all garbage be removed daily from the site to maintain cleanliness. 2. 20 Every Licensee shall ensure that no waste generated by the operation of the Refreshment Vehicle is deposited in any Town -owned waste containers. 2. 21 No Refreshment Vehicle shall be equipped with any flashing lights or sounding device for attracting attention except those required by the Highway Traffic Act for vehicles on the road. Licensing Requirements - Frozen Treat Vehicle 2. 22 Every Licence application to operate a Frozen Treat Vehicle shall include and be subject to the following conditions: 2. 22. 1 To the extent applicable, as determined by Municipal Clerk acting reasonably, the licensing requirements applicable to a Refreshment Vehicle shall apply to the licensing requirements for a Frozen Treat Vehicle. 2. 22. 2 the applicable fee of $350. 00 per vehicle as set out herein and as may be further amended and prescribed in the Town' s Fees and Charges By- law. Additional Fees or charges may be applicable for Special Event locations. Law Number 2023- 047 Paqe 8 2. 22. 3 a photograph of the Frozen Treat Vehicle; 2. 22. 4 a current list containing the name, address, and phone number of every Person who will be operating the Frozen Treat Vehicle, which may be used for notification purposes in respect of health and / or public safety matters; 2. 22. 5 the Licensee and any Person operating a Frozen Treat Vehicle shall provide a Criminal Record Check; 2. 22. 6 Indemnification and proof of Commercial General Liability insurance in the amount of two million dollars ($ 2, 000, 000) for the sale of prepackaged foods; 2. 22. 7 Where a Frozen Treat Vehicle is not a Motor Vehicle, section 2. 14. 6. 1. 5 shall not apply, and shall be maintained and in good state of repair; 2. 22. 8 Proof of Inspection conducted by the Windsor -Essex County Health Unit dated within thirty ( 30) days of the Application for a Licence; 2. 22. 9 Not operate at a Special Event or on Municipal Property without a license unless otherwise authorized by the Municipal Clerk; 2. 22. 10 Notwithstanding the Town' s Noise By- law or any successor thereto, no Person operating a Frozen Treat Vehicle shall operate any type of auditory signaling device or electronic amplification / speaker system including but not limited to: ringing bells or gongs, blowing horns, sirens, whistles; playing of music; or the use of a loud speaker) within a Residential Zone between the hours of 10: 00 pm to 8: 00 am any day of the week; 2. 22. 11 Stop for longer than 10 minutes at one location; 2. 22. 12 Not visit the same location within the same two- hour period. Location Requirements 2. 23 The location ( s) of the Refreshment Vehicle shall be permitted on: a) private property that is either commercially, industrially, institutionally zoned or within a business park zone. as identified on applicable Schedules of the Town' s Zoning By- law( s); or b) Curbside on the municipal road allowance within the Tecumseh Road Main Street Community Improvement Area ( CIP) provided that written permission has been obtained by the property owner of the land that the Refreshment Vehicle is proposing to be located in front of. By -Law Number 2023- 047 e9 2. 24 No Person shall operate a Refreshment Vehicle within 60 meters of a school unless authorized to do so by the applicable school or school board. A copy of the school or school board permission must be submitted to the Municipal Clerk. 2. 25 No Person shall operate a Refreshment Vehicle within 60 meters from the front entrance of an Eating Establishment unless authorized to do so by the owner of the Eating Establishment. 2.26 No Person shall operate a Refreshment Vehicle or Frozen Treat Vehicle at a Special Event or within 100 meters of a Special Event unless authorized by the Municipal Clerk 2. 27 Where a Refreshment Vehicle or Frozen Treat Vehicle is authorized to operate at a Special Event or otherwise on Town Property, the Licensee shall be required to obtain a Licence at the prescribed fee unless the Municipal Clerk has specifically exempted in writing the requirement to obtain a License to operate at a Special Event or otherwise on Town Property. 2. 28 Unless otherwise authorized to operate at a Special event or otherwise on Town property by the Municipal Clerk, a Licensee shall only be permitted to operate a Frozen Treat Vehicle from a municipal road in all Residential Zones identified under the Town' s Zoning By- law. 2. 29 No Licensee shall operate a Refreshment Vehicle from Private Property unless the Licensee has obtained written permission of the property owner. A copy of written permission shall be submitted to the Municipal Clerk. 2. 30 No Refreshment Vehicle shall be located where it can obstruct the entrance or exit to any building, or obstruct the accessibility of a sidewalk. 2. 31 No Refreshment Vehicle Licensee shall place tables or chairs at the designated location as an eating area for customers. 2. 32 The location of the Refreshment Vehicle will be parked or stored when not in operation and the location shall otherwise be in compliance with the Town' s Zoning By- law. 3. Enforcement and Penalties Inspections 3. 1 Any Officer may, at any reasonable time, enter upon any Refreshment Vehicle or Frozen Treat Vehicle for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law are being complied with. 3. 2 No Person shall prevent or interfere, or attempt to prevent or interfere with an inspection undertaken by an Officer. By -Law Number 2023- 047 Suspension of Licence e10 3. 3 The Municipal Clerk may suspend a licence if the Licensee fails to comply with any provision of this by- law and such non- compliance is not remedied following notice from the Town specifying the particulars of the non- compliance. Offences and Penalties 3. 4 Every person who is convicted of an Offence is liable to a fine or penalty as provided for in the Provincial Offences Act, R. S. O. 1990, Chap. P. 33. including any Part 1 offences/set-fines thereof that may be assessed and approved pursuant to Schedule A to this By- law as may be amended from time to time. 3. 5 Every Person who contravenes any provision of this By-law or any provision of a Licence issued under this by- law is guilty of an offence and upon conviction is liable up to a maximum fine, as provided for in the Provincial Offences Act, R. S. O 1990. 3. 6 In addition to section 3. 4, the Municipal Clerk shall refuse to issue a Licence to any Person, or shall refuse to renew a Licence, or shall revoke a Licence where: 3. 6. 1 a Person or Licensee has any unpaid fines arising from a conviction for an offence under the By- law; 3. 6. 2 a Person or a Licensee has submitted false information or documents in support of an application for a Licence; 3. 6. 3 in sole and absolute discretion of the Municipal Clerk, a suspension under section 3. 5 is not appropriate or sufficient given the nature of the non- compliance with this by- law; 3. 6. 4 after a period of suspension under section 3. 5 there is continued non- compliance with the provisions of this by- law. Law Number 2023- 047 Page 11 4. Effective Date 4. 1 This by-law shall come into force and effect on the date of final passage. Read a first, second, third time and finally passed this 25th day of April, 2023. Gard McNamara Signed wit Consign0 Cloud ( 2023/ 04/ 26) Verify with verifio. com or Adobe Reader. 41 AO 1 a n e - TN. o Gary McNamara Mayor F Robert Auger TECUMSEN 2023/ 04/ 27 Verrywithvenfio..ccomoirrAdobeReader) Robert Auger, Clerk Law Number 2023- 047 Page 12 Schedule A By -Law 2023- 047 Being a By -Law to license Mobile Food Vendors in the Corporation of the Town of Tecumseh Set Fines under Part I - Provincial Offences Act Item Short Form Wording Offence Creating Provision or Defining Offence Set Fine 1. TBD 100. 00 2. 100. 00 3. 100. 00 4. 250. 00 5. 100. 00 6. 100. 00 7. 100. 00 8. 300. 00 9. 200. 00 10. 300. 00 11. 100. 00 12. 100. 00 13. 100. 00 14. 200. 00 15. 200. 00 16. 100. 00 17. 100. 00 18. 100. 00