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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