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20767553.6
THE CORPORATION OF
THE TOWNSHIP OF WELLESLEY
Mobile Food Vending By-law 6/2017
Being a by-law to license, regulate and govern mobile food vending in the Township of
Wellesley
WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Municipal
Act, 2001"), authorizes a municipality to license, regulate and govern business carried on within
the municipality;
AND WHEREAS Council considers it desirable to exercise this authority respecting Mobile
Food Vending Operations for the purposes of health, safety, nuisance control and consumer
protection;
NOW THEREFORE BE IT RESOLVED THAT THE MUNICIPAL COUNCIL OF THE
CORPORATION OF THE TOWNSHIP OF WELLESLEY ENACTS AS FOLLOWS:
Short Title:
This By-law may be known as the "Mobile Food Vending By-law 2017".
1.
DEFINITIONS
"Chief Building Official" means a person appointed by Council to the position of Chief
Building Official of the Township in accordance with s.3(2) of the Building Code Act, 1992,
S.O. 1992 c. 23, as amended (the "Building Code Act, 1992"), or his or her designate ;
"Clerk" means the Municipal Clerk of the Township appointed pursuant to s. 228 of the
Municipal Act, 2001, or his or her designate;
"Council" means the Council of the Township of Wellesley;
"Fees and Charges By-law" means the Fees and Charges By-law of the Township, in effect at
the time of the license application;
"Fire Chief" means a person appointed by Council to the position of Fire Chief of the
Township in accordance with s. 6 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as
amended, or his or her designate;
"food" means food or drink for human consumption and includes refreshments and
confections;
"food cart" means a cart, bicycle or tricycle which is:
(a)
propelled by muscular power and can be moved from place to place; and
(b)
from which food or refreshments are sold or offered for sale to the general public;
"food truck" means a vehicle or trailer from which food or refreshments are offered for sale to
the general public;
"highway" means a highway under the jurisdiction of the Township and within the geographic
limits of the Township and includes all lands within the lateral boundaries of the highway;
"Law Enforcement Officer" means a municipal law enforcement officer of the Township
appointed by Council pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c P15, as
amended;
"license" means a license issued under this by-law;
"licensee" means a person who holds a license under this by-law;
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"mobile food vending operation" means a Food Cart or a Food Truck;
"Police Officer" means a Police Officer appointed by the Waterloo Regional Police Service;
"Public Health Inspector" means an inspector employed by the Region's Public Health Unit or a
successor agency;
"public property" means property owned by the Township, Region or the Grand River
Conservation Authority;
"Region" means the Regional Municipality of Waterloo;
"regional road" means a highway under the jurisdiction of the Region and within the
geographical limits of the Township, and includes all lands within the lateral boundaries of the
highway;
"restaurant" means a building or part of a building where food is prepared and offered or kept for
retail sale to the public for consumption either on or off the premises including an outdoor patio
and includes such uses as a café, cafeteria, tea or lunch room, dairy bar, coffee shop, snack bar or
refreshment room or stand;
"special event" means a one time, annual or infrequently occurring event within the Township,
which is a celebration of a specific theme, has a pre-determined opening and closing date and
time, and is available to the community at large;
"Township" means the Township of Wellesley;
"Zoning By-law" means a by-law enacted by the Township under section 34 of the Planning
Act, R.S.O. 1990, c. P.13, as amended,
2.
PROHIBITIONS
2.1
No person shall do any of the following, except in accordance with a license issued
under this by-law and in accordance with the provisions of this by-law:
(a)
carry on a Mobile Food Vending Operation;
(b)
permit a person to carry on a Mobile Food Vending Operation;
(c)
sell food from a Mobile Food Vending Operation; or
(d)
hold themselves out as being licensed to carry on a Mobile Food Vending
Operation.
2.2
No person shall do any of the following, under a name other than the name under which
a license has been issued under this by-law:
(a)
carry on a Mobile Food Vending Operation;
(b)
permit a person to carry on a Mobile Food Vending Operation;
(c)
sell food from a Mobile Food Vending Operation; or
(d)
hold themselves out as being licensed to carry on a Mobile Food Vending
Operation.
2.3
No person shall carry on a Mobile Food Vending Operation under this by-law:
(a)
if the license has expired or been revoked; or
(b)
while the license is under suspension.
2.4
No person shall transfer or assign a license issued under this by-law without the written
consent of the Clerk.
2.5
No person shall provide false or misleading information to the Township when applying
for a license under this by-law, renewing a license or at any other time.
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3.
ADMINISTRATION
Clerk Shall Administer
3.1
Unless otherwise indicated, the administration of this by-law is assigned to the Clerk.
Records
3.2
The Clerk shall maintain records of Mobile Food Vending Operation license applications,
documentation, inspection reports, departmental and agency approvals and issued licenses
in accordance with the Township's Records Retention By-law.
3.3
Licensees must ensure copies of all certificates and approvals are kept in the Mobile
Food Vending Operation at all times and available for immediate inspection upon
demand by a Municipal Law Enforcement Officer, Police Officer or Public Health
Inspector.
License Applications
3.4
Every applicant for a Mobile Food Vending Operation license shall:
(a)
complete an application in the form prescribed by the Clerk, including setting
out such information or attaching such documentation as may be reasonably
required by the Clerk, from time to time, which includes, but is not limited to,
the information and documentation outlined in Section 3.5 of this by-law;
(b)
submit their completed application to the Clerk; and
(c)
pay the applicable fee pursuant to the Township's Fees and Charges By-law.
3.5
Every application for a license shall include the following:
(a)
Region Public Health Unit approval;
(b)
proof of compliance with TSSA regulations (where applicable);
(c)
a copy of the applicant's driver's license (if applicable);
(d)
a copy of the ownership for the Food Truck or Food Cart; (if applicable)
(e)
a photo of the Food Truck or Food Cart;
(f)
proof of general liability insurance, by an insurer satisfactory to the Township,
in the amount of $2,000,000.00;
(g)
proof of automotive liability insurance, by an insurer satisfactory to the
Township, in the amount of $2,000,000.00 on all vehicles used in Mobile Food
Vending Operations;
(h)
the dimensions of the Food Truck or Food Cart;
(i)
a plan for the containment and disposal of grey water, grease and garbage in a
sanitary manner satisfactory to the Township;
(j)
a description of food menu;
(k)
written permission from the owner of the private property on which the Mobile
Food Vending Operation is to be situated, clearly acknowledging and agreeing
with the intended use of the private property, if applicable; and
(l)
a general sketch or plan showing the location of the Mobile Food Vending
Operation as it relates to other buildings and structures on the private property,
when the Mobile Food Vending Operation is placed on private property.
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4.
LICENSES
Grounds for Refusal
4.1
The Clerk shall:
(a)
receive and process complete applications for:
(i)
licenses to be issued under this by-law, and,
(ii)
renewal of licenses to be issued under this by-law;
(b)
issue licenses and renew licenses to any person who meets the requirements
of this by-law except where:
(i)
the conduct of an applicant affords reasonable grounds for belief that
the applicant has not carried on, or will not carry on, his/her operation
in accordance with the law;
(ii)
there are reasonable grounds for belief that the carrying on of the
operation may be adverse to the public interest;
(iii)
the applicant is the subject of an order made by the Township or the
Region;
(iv)
the application is not in compliance with the Zoning By-law; or
(v)
the applicant is indebted to the Township in respect of fines, penalties,
judgments, outstanding property taxes, or any other amounts owing.
(c)
the Township reserves the right to issue licenses with additional conditions at
the Township's sole discretion.
Suspension or Revocation of License
4.2
If, at any time, the Clerk determines, as a result of evidence that is provided, that the
Mobile Food Vending Operation is not conforming to the requirements of this by-law, the
Clerk may suspend or revoke the license.
Term of License
4.3
A license issued or renewed under this by-law to carry on a Mobile Food Vending
Operation shall be for the current year and shall expire on the 31st day of January of the
following year or until said license is revoked or suspended.
Fees
4.5
Any Person required to obtain a license or to renew a license pursuant to this By-law
shall apply in writing on the prescribed application form provided by the Municipal Clerk
and shall deposit with the Municipal Clerk, at the time of application, all required
licensing fees as set out in the Fees and Charges By-law as well as any required
approvals, inspections or documentation required by this By-law or as deemed necessary
by the Municipal Clerk.
4.6
Acceptance of the license fee does not constitute approval of the application or oblige the
Clerk to issue a license.
4.7
No fee for a license issued under this by-law shall be pro-rated for a portion of the year,
regardless of when the license application is submitted to the Clerk.
4.8
Every fee paid for a license under this by-law is refundable if the license is refused by the
Clerk.
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5.
GENERAL REGULATIONS
Approved Dimensions and Weight
5.1
A Food Truck shall not exceed:
(a)
2.6 metres in width;
(b)
12.2 metres in length; and
(c)
4,500 kilograms.
5.2
A Food Cart shall not exceed overall dimensions of 1.2 metres in width and 2.4 meters in
length.
Parking Restrictions
5.3
No person shall allow Mobile Food Vending Operations to park overnight on Public
Property or private property after posted hours except property owned, leased or rented
by the operator for the storage of the Mobile Food Vending Operation and in
compliance with the Zoning By-law.
Operational Restrictions
5.4
No person shall operate a Mobile Food Vending Operation:
(a)
within a 90 metre radius of any entrance to a Restaurant;
(b)
on Township or Regional Roads;
(c)
in a manner that interferes with the normal use of a sidewalk by pedestrians;
(d)
within 100 metres of any elementary or secondary school
(e)
on private or public property without the written consent of the property owner;
(f)
within 9 metres of any intersection; or
(g)
in a manner that obstructs an entrance to a property.
5.5
Every licensee shall:
(a)
maintain the Mobile Food Vending Operation in a clean and sanitary condition;
(b)
provide adequate measures for the storage and disposal of waste;
(c)
be equipped with a waste container with a self-closing lid and adequate
recycling material containers;
(d)
keep all waste and recycling material containers in a clean and sanitary condition
and empty them at least once daily;
(e)
provide sufficient levels of illumination to permit the safe use of the Mobile
Food Vending Operation;
(f)
ensure that no waste generated from the Mobile Food Vending Operation is
deposited in any Township owned waste container by the owner or employees of
the Mobile Food Vending Operation;
(g)
ensure that, where a Mobile Food Vending Operation is powered by propane,
that:
(i)
the Mobile Food Vending Operation is inspected and certified at the time
of application, and on an annual basis, by an authorized inspector;
(ii)
that such certification is filed with the Clerk at the time of application,
for the issuance or renewal of a license, or as may be required by the
Clerk; and
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(iii)
shall comply with all Ministry of Labour and Ontario Fire Code
requirements.
(h)
ensure that the Mobile Food Vending Operation is free from holes, crevices or
cracks;
(i)
ensure that the surface of the Mobile Food Vending Operation is kept clean and
in good condition;
(j)
ensure that only single service disposable cups, plates, forks, spoons, knives and
containers are used and that serviettes are provided from a dispenser;
(k)
locate any tank or container required for the operation of a Mobile Food Vending
Operation on the Food Truck or Food Cart itself;
(l)
comply with all of the provisions of this by-law;
(m)
comply with all Township by-laws including, but not limited to, its Zoning By-
laws; and
(n)
comply with all provincial and federal statutes and regulations.
6.
LOCATION REQUIREMENTS
Permitted Zones
6.1
A Mobile Food Vending Operation may operate only within the following zones, as
established by the Zoning By-Law:
(a)
Urban Commercial (UC);
(b)
Urban Industrial (UI)
(c)
Dry Industrial (DI); or
(d)
Settlement Commercial (SC).
6.2
The location of a Mobile Food Vending Operation shall comply with the parking
setbacks outlined in the Zoning By-law, but no closer to the street line than 1 metre.
Minimum Distance Separation
6.3
No Food Truck or Food Cart will be allowed within 90 metres of an existing restaurant.
Special Events
6.5
Notwithstanding any other provision of this by-law, a licensee may be permitted to carry
on a Mobile Food Vending Operation on Public Property during a Special Event, if
permitted by the Clerk, and after paying the applicable fee.
7.
EXEMPTIONS
7.1
Exemptions from the provisions of this by-law may be granted from time to time as
authorized by Council.
7.2
Lawfully operating local retailers are exempt from obtaining a license under this by-law
and from paying the applicable fee for day sales or seasonal sales if the temporary selling
activity is an extension of the existing business at that location.
7.3
On-farm produce outlets as defined in the Township Zoning By-law are exempt from the
provisions of this by-law;
7.4
One day auction sales in residential and agricultural zones are exempt from the provisions
of this by-law.
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8.
INSPECTIONS
8.1
A Municipal Law Enforcement Officer, Police Officer, Public Health Inspector, Fire
Chief, Chief Building Official, or any other duly appointed person, may, at all reasonable
times, inspect or cause to be inspected, facilities, vehicles or equipment used or kept in
connection with the operation of a Mobile Food Vending Operation that is licensed, or
is required to be licensed, pursuant to this by-law.
8.2
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this by-law.
9.
INSURANCE
9.1
No person shall operate a Mobile Food Vending Operation without obtaining, and
keeping in force, a comprehensive policy of public liability insurance and property
damage insurance, in a form and in an amount, either stipulated in this by-law, or
acceptable to the Clerk;
9.2
If a Mobile Food Vending Operation is situated on public property, the required
insurance policy shall:
(a)
name the Township as an additional insured;
(b)
indemnify the Township so that if a lawsuit is filed against the Township,
notwithstanding that the licensee had general liability insurance, the licensee will
be required to pay all of the costs incurred or losses suffered by the Township as a
result of any legal proceeding being commenced against it;
(c)
contain a cross-liability of interest clause protecting the Township against any
actions, causes of actions, claims and demands whatsoever which may arise
resulting from the Township's issuance of the Mobile Food Vending Operation
permit; and
(d)
include a provision that the Clerk shall be given at least thirty (30) days' notice in
writing of any cancellation, expiration or variation of the insurance policy.
9.3
Every licensee shall provide proof of insurance while operating a Mobile Food Vending
Operation immediately upon request by a Municipal Law Enforcement Officer, Police
Officer, Public Health Inspector or the Clerk.
10.
ENFORCEMENT
10.1
This by-law may be enforced by a Municipal Law Enforcement Officer, Police Officer
or Public Health Inspector.
11.
OFFENCE AND PENALTY PROVISIONS
11.1
Every person who contravenes any of the provisions of this by-law, or any director or
officer of a corporation who concurs in such contravention by a corporation, is guilty of an
offence and, upon conviction, shall be liable to a fine as provided under the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
12.
SEVERABILITY
12.1
If a court of competent jurisdiction declares any provision, or any part of a provision, of
this by-law to be invalid, or to be of no force and effect, the validity of the remainder of
this by-law shall not be affected.
13.
COMING INTO FORCE
13.1
This by-law shall come into force and effect on April 1, 2017.
20767553.6
Read a first and second time this 31st day of January, 2017.
Mayor Joe Nowak
Deputy Clerk, Amy Black
Read a third and final time and passed this 31st day of January, 2017.
Mayor Joe Nowak
Deputy Clerk, Amy Black