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THE CORPORATION OF THE CITY OF THUNDER BAY
BY-LAW NUMBER BL 120/2016
A By-law to amend By-law 163-2005, being a By-law to provide
for the Licensing and Regulation of Refreshment Vehicles for
health and safety reasons in the City of Thunder Bay, in the
· District ofThunder Bay.
Recitals
1.
By-law 163-2005, enacted and passed December 19, 2005, being a by-law to provide for
the licensing and regulation ofRefreshment Vehicles for health and safety reasons in the City of
Thunder Bay, in the District ofThunder Bay.
2.
On December 5, 2016, City Council passed a resolution approving the recommendations
of Committee of the vVhole dated November 21, 2016, arising out ofReport No. R 132/2016
(Licensing and Enforcement). The resolution authorizes that amendments be made to By-law
163-2005, being a by-law to provide for the Licensing and Regulation of Refreshment Vehicles.
3.
City Council deems it necessary and expedient to amend By-law 163-2005.
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY OF
THUNDER BAY ENACTS AS FOLLOWS:
1.
Item 3 of Recitals is amended by deleting:
"From a health and safety standpoint, licensing enables regular inspections to facilitate
compliance with all required health and fire regulations, and also allows control measures
to be implemented to avoid the hindering of vehicle or pedestrian traffic";
and rep1~
3. of Recitals by inserting:
"From a health and safety standpoint, licensing enables regular inspections to facilitate
compliance with all required health and fire regulations, including the Fire and
Protection and Prevention/Act, 1997, as amended, and the Health Protection and
Promotion Act, R.S.O. 1990, as amended, and also allows control measures to be
implemented to avoid the hindering of vehicle or pedestrian traffic".
2.
Article 1.01 (Definitions) is amended by adding the following definitions, in alphabetical
order:
"Thunder Bay District Health Unit Food Safety Inspection Report" means an original
copy of an inspection report that corresponds to an inspection conducted by a Public
Health Inspector, that that has been completed, signed and dated by a Public Health
Inspector, and that has been issued to an Operator of a Business, pursuant to the Health
and Protection and Promotion Act, R.S.O. 1990, as amended and regulations passed
thereunder.
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By-Law No. Agenda Item BL 120/201 6
"Thunder Bay District Health Unit Inspection Score Carel" means the summary
inspection score card completed by a Public Health Inspector.
"Public Health Inspector" means a Public Health Inspector acting under the direction of
a Medical Officer of Health for the District ofThunder Bay.
"Sign Holder" means a device used to affix, fasten and hold a Thunder Bay District
Health Unit Food Safety Inspection Report.
"Pick-up \Vinclow" means the area at which food is obtained from the exterior of a
Refreshment Vehicle.
~,it
3.
Article 2.00 (ADMINISTRATION OF THIS BY-LA\V) is amended by adding the
following articles:
2.19
Posting Inspection Score Carel - Every operator of a Business shall ensure that the
most recent Thunder Bay District Health Unit Inspection Score Card is posted in a
conspicuous location and clearly visible to members of the public at or near the Pick-up
Window.
2.20
Copv of Food Safetv Inspection Report Available - Every operator of a Business shall
keep a copy ofthe most recent Thunder Bay District _Health Unit Food Safety Inspection
Report readily available at the Business and shall produce same for viewing by a Public
Health Inspector, members of the public or Municipal Law Enforcement Officer, upon
request.
2.21
Propertv of Thunder Bav District Health Unit - Every Thunder Bay District Health
Unit Inspection Score Card shall remain the property of the Thunder Bay District Health
Unit. Operators are permitted to use Sign Holders, subject to the approval of the Thunder
Bay District Health Unit, provided that they in no way impair or obscure the public's
visibility of the Thunder Bay District Health Unit Inspection Score Card. In addition, the
Operator shall ensure that the Thunder Bay District Health Unit Inspection Score Card is
not defaced, altered or removed.
4.
This By-law shall come int'o force and take effect on the date it is passed.
Enacted and passed this 5th day of December, A.D. 2016 as witnessed by the Seal of the
Corporation and the hands ofits proper Officers.
9 d];;r
CERTIFIED TRUE COPY
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· City Clerk
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Deputy City Clerk
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By-Law No. Agenda Item BL 120/2016