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By-law 7-2024
THE CORPORATION OF THE MUNICIPALITY OF WEST PERTH
Being a By-law to licence and regulate Refreshment Vehicles within the
Municipality of West Perth
Whereas Section 8 (3) of the Municipal Act, 2001, as amended, provides that a by-law
respecting a matter may (a) regulate or prohibit the matter; (b) require persons to do things
respecting the matter; and (c) provide for a system of licences respecting the matter;
Whereas Section 11 (2) of the Municipal Act, 2001, as amended, provides that a municipality may
exercise its licensing powers for the purpose of consumer protection and to protect the health
and safety of the general public;
Whereas Section 150 and 151 of the Municipal Act, 2001, as amended, provides that a
municipality may provide for a system of licences with respect to any business wholly or partly
carried on within the municipality, including the sale or hire of goods or services on an
intermittent or one-time basis; and,
Whereas the Council of the Corporation of the Municipality of West Perth deems it appropriate
to update the Refreshment Vehicle licensing regulations.
Now therefore be it resolved that the Council of the Corporation of the Municipality of West
Perth enacts as follows:
1. Short Title
1.1.
This By-law may be cited as the "Refreshment Vehicle By-law".
2. Definitions
The following definitions shall apply for the purposes of this By-law:
a)
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;
b)
Charitable Organization means an organization which is created primarily for a
charitable object or purpose in Ontario, is operated not for profit, and includes a
religious organization or minor sports group;
c)
Clerk means the Clerk of the Municipality or a designate;
d)
Eating Establishment has the same meaning as an eating establishment or
restaurant as defined in the Municipality's Zoning By-law;
e)
Event Organizer means the organizer and/or coordinator of a Special Community
Event or Special Event in the Municipality of West Perth;
f)
Fire Chief means the Fire Chief of the Municipality or an authority having
designation in accordance with the Fire Protection and Prevention Act, 1997, as
amended;
g)
Health Inspector means a Public Health Inspector acting under the direction of
Huron Perth Public Health;
h)
Highway shall have the same meaning as in the Municipal Act, 2001, as amended;
i)
Licence means a licence issued by the Clerk to operate a Refreshment Vehicle in
accordance with this By-law;
j)
Licensee means a Person to whom a Licence has been issued and shall include any
Person operating a licenced Refreshment Vehicle;
k)
Mobile Barbecue means an open-air barbecue affixed to a cart which is on wheels
or is capable of being moved from place to place by a person on which food is
prepared and sold or offered for sale to the public;
l)
Motor Vehicle means a Motor Vehicle as defined in the Highway Traffic Act, 1990,
as amended;
m)
Municipal Act, 2001 means the Municipal Act, 2001, as amended;
n)
Municipality means The Corporation of the Municipality of West Perth or the
geographic area of West Perth, as the context requires;
o)
Offence means an Offence under an Act of the Legislature under a regulation or by-
law made under the authority of an Act of the Legislature;
p)
Officer means an Ontario Provincial Police Officer as defined in the Police Services
Act, 1990, as amended, and shall include a Municipal By-law Enforcement Officer,
whose duties include the enforcement of this By-law, including a Fire Prevention
Officer, Fire Chief, or any Assistant(s) to the Fire Marshal;
q)
One-Time Event means an event held in the Municipality of West Perth not
exceeding four consecutive days, open to the public, either free or ticketed, for a
cultural, charitable, commercial, entertainment, or cause-related purpose and/or
conducted for the purpose of attracting revenue, support, awareness and/or
entertainment;
r)
Person includes an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and their heirs, executors, or legal representatives;
s)
Private Event shall mean an event that is held on private property, that is by invite
only and/or is not open to the general public, and where Refreshments are not made
available to the general public, including but not limited to, weddings, birthday
parties, family reunions, employee recognition events et cetera;
t)
Property Owner shall mean the registered owner of land, and includes a lessee,
mortgagee in possession or any person in charge of the property;
u)
Refreshment includes any form of food or drink intended for human consumption;
v)
Refreshment Vehicle, also commonly known as a Food Truck, shall mean a mobile
food premise which is a trailer, cart or vehicle-mounted food premise or other
itinerant food premise that is capable of being readily moved and in which food is
prepared and offered for sale to the public, including a Mobile Food Barbecue;
w)
Set Fine means the amount of fine set by Schedule "A" of this By-law, approved by
the Ontario Court of Justice for an offence for the purpose of proceedings
commenced under Part I or Part II of the Provincial Offences Act, 1990, as amended;
x)
Special Community Events shall mean a special event or any event that has been
sanctioned as a Community Event of Municipal Significance by resolution of Council;
y)
Special Event means an event held in the Municipality for which a special events
permit has been issued by the Municipality or which has been sanctioned by the
Municipality;
z)
Trailer means a Trailer as defined in the Highway Traffic Act, 1990, as amended;
and,
aa)
Zone means a Zone as defined in the Municipality of West Perth's Zoning By-law, as
amended from time to time.
3. General Provisions
3.1.
No Person shall operate a Refreshment Vehicle in the Municipality without a Licence.
3.2.
No Person shall operate a Refreshment Vehicle with an expired, suspended, or
revoked Licence.
3.3.
No Person shall sell Refreshments from a Refreshment Vehicle between the hours of
11:00 p.m. and 7:00 a.m. without authorization from the Municipality.
3.4.
Every Licensee shall conform to the requirements and conditions of the Licence
throughout the Licence term.
3.5.
Every Person providing Refreshments from a Refreshment Vehicle shall do so in
accordance with the Health Protection and Promotion Act, 1990, as amended, and
regulations made thereunder and any successor legislation in substitution thereof.
3.6.
Every Licensee shall ensure that all conditions expressed by the Fire Chief or
designate, the By-law Department, the Medical Officer of Health or designate, the
Chief Building Official or designate, or the Planning Department forming part of any
approval shall be adhered to at all times.
3.7.
Every person shall comply with any order or notice issued under the authority of this
By-law.
3.8.
No Person shall provide false information or give a false statement to an Officer,
employee and/or agent of the Municipality in the lawful exercise of a power or duty
under this By-law.
3.9.
No Person shall hinder or obstruct, nor attempt to hinder or obstruct, either directly or
indirectly, an Officer, employee and/or agent of the Municipality in the lawful exercise
of a power under this By-law.
4. Licensing
Issuance of Licence
4.1.
The Clerk is not required to consider any application for a Licence until the
application is complete and the Applicant has provided all information and
documentation, as required pursuant to this By-law, and the applicable fee.
4.2.
The Clerk is not required to consider any application for a Licence if the Applicant is
in breach of a municipal by-law or any provincial or federal legislation.
4.3.
The Clerk may impose any conditions upon an approval of the application as
determined.
4.4.
Every application for a Licence shall be completed and submitted on forms
prescribed by the Clerk.
4.5.
Licences are not transferrable.
4.6.
Licences are valid from the date of issuance and expire on December 31st of each
year, unless revoked or suspended.
4.7.
Licences will not be prorated.
4.8.
The Clerk shall refuse to issue or renew a Licence where:
(i)
The application for a Licence fails to meet the requirements for issuance set
forth in this By-law or any other municipal by-law or applicable regional by-law
or provincial or federal law;
(ii)
The Applicant is not at least 18 years of age without written consent of the
parent or guardian;
(iii) The application is incomplete;
(iv) The Licence was issued in error;
(v)
The prescribed fee has not been paid;
(vi) The Applicant has submitted false information in support of the application; or,
(vii) An Officer or Health Inspector, by way of inspection, has determined that the
Refreshment Vehicle is not in compliance with this By-law.
Applications
4.9.
Every Licence application to operate a Refreshment Vehicle shall include:
(i)
An application fee as prescribed in the current Fees and Charges By-Law;
(ii)
A photograph of the Refreshment Vehicle;
(iii) A current proof of inspection and approval in writing from Huron Perth Public
Health;
(iv) An approved Mobile Food Service Equipment Inspection Self Checklist, a form
as determined by the Fire Chief, from the West Perth Fire Department;
(v)
A copy of the Motor Vehicle or Trailer registration, if applicable;
(vi) If 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 Licence application relates complies in all respects with the
applicable equipment and performance standards set out in the regulations
made under the Highway Traffic Act, 1990, as amended, or any successor
legislation in substitution thereof;
(vii) Where the Refreshment Vehicle is fitted with propane or natural gas, a current
certificate issued within thirty (30) days of the date of the Refreshment Vehicle
licence application, on the prescribed TSSA Application for Field Approval of
Mobile Food Service Equipment, 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;
(viii) Where there are additions or structures being installed within the vicinity of the
Refreshment Vehicle, a site plan showing the location and adjacent structures.
(ix) Indemnification and proof of Commercial General Liability insurance in the
amount of five million dollars ($5,000,000), and naming the Municipality as an
additional insured;
(a) 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 licenced vehicles and equipment owned or
leased by the Applicant, if applicable;
(b) All renewal certificates for such insurance shall be provided thirty (30)
days prior to the expiry of the insurance during the term;
(c)
The Corporation of the Municipality of West Perth may require
additional types of insurance coverage or higher limits of insurance
coverage as determined by the Clerk;
(x)
The Clerk may impose conditions not specified in this By-law as a requirement
of obtaining or renewing a Licence.
One-Time Event Licence
4.10. During a Special Community Event or Special Event, a Refreshment Vehicle shall
be permitted to operate on a municipally owned property provided that the
following have been provided to the Municipality:
(i)
A completed One-Time Event Licence Application;
(ii)
Written authorization from the Director of Community Services or their
designate to operate on a municipally owned property;
(iii) Written authorization from the Event Organizer to operate in conjunction with
the Special Community Event or Special Event;
(iv) A copy of a Refreshment Vehicle Licence issued by another Ontario
municipality;
(v)
A current proof of inspection and written approval from the Public Health Unit;
(vi) A current proof of inspection and written approval from the Fire Department;
and,
(vii) A One-Time Event Licence Fee as set out in the current Fees and Charges
By-law.
4.11.
A One-Time Event Licence shall only be valid for the date(s) and location listed on
the Licence.
Licensing Renewal Requirements
4.12. Every renewal Licence application to operate a Refreshment Vehicle shall meet the
applicable licencing requirements and be accompanied by the prescribed fee.
Revisions to the Licence
4.13. After the issuance of a Licence under this By-law, notice of any material change to a
plan, specification, document, or other information on the basis of which the Licence
was issued, must be given in writing to the Municipality together with the details of
the change.
4.14. No modification(s) to any Refreshment Vehicle shall be carried out without the
express written authorization from the Clerk.
Operating Requirements
4.15. Every Licensee shall produce the Licence issued in accordance with this By-law
when requested to do so by an Officer or Health Inspector.
4.16. Every Licensee shall affix the Licence to the Refreshment Vehicle, so it is always
clearly visible to the public and customers.
4.17. Every Refreshment Vehicle shall be equipped with a fire extinguisher that is
maintained in good working order and has been approved for such use by the Fire
Department.
4.18. Every Licence shall ensure that the Refreshment Vehicle and immediate surrounding
location are always kept in a clean and sanitary condition, in accordance with
municipal by-laws and regulations, and Huron Perth Public Health guidelines and
requirements.
4.19. Every Licensee shall equip the Refreshment Vehicle with a waste and recycling
receptacle of sufficient size to accommodate all waste and recyclable materials
generated by the Refreshment Vehicle.
4.20. Every Licensee shall ensure that all waste and recyclable materials, grey water, and
grease are disposed of in a proper and sanitary manner.
4.21. The placing of garbage or litter in a sidewalk refuse container provided by the
Municipality is not sufficient to constitute proper removal of waste materials.
4.22. Every Licensee shall operate the Refreshment Vehicle in compliance with all
Municipal by-laws, including but not limited to the Noise and Nuisance By-law,
Parking By-law.
Location Requirements
4.23. No Person shall operate a Refreshment Vehicle within 60 metres of a school unless
authorized to do so by the applicable school board.
4.24. No Person shall operate a Refreshment Vehicle within 60 metres from the front
entrance of an Eating Establishment.
4.25. No person shall operate a Refreshment Vehicle within 30 metres of a re-fueling
station or any other volatile environment.
4.26. No Person shall operate a Refreshment Vehicle at a Special Event or within 100
metres of the Special Event unless the Event Organizer has approved the
Refreshment Vehicle as a vendor at the Special Event.
4.27. No Person shall operate a Refreshment Vehicle on property owned or managed by
the Municipality unless the Refreshment Vehicle has been awarded the rights to
operate at that location by the Municipality.
(i)
A Refreshment Vehicle authorized to operate at a municipally owned or
operated location shall not be subject to setback requirements for schools or
Eating Establishments.
4.28. No Person shall operate a Refreshment Vehicle on a Highway, unless:
(i)
The Municipality or other applicable road authority has authorized a portion of
the Highway for that purpose.
4.29. No Person shall operate a Refreshment Vehicle in a residential Zone, unless:
(i)
The Refreshment Vehicle is servicing an active construction site for no longer
than thirty (30) minutes.
4.30. No Person shall operate a Refreshment Vehicle from a location unless the Licensee
has obtained the landowner or property manager's permission.
4.31. No Person shall operate a Refreshment Vehicle on a public sidewalk. A Refreshment
Vehicle, if located on private property, shall not be located any closer than 1.2
metres to a sidewalk.
4.32. No Person shall operate a Refreshment Vehicle on a street so as to be within nine
(9) metres from the nearest street intersection.
4.33. The Licensee shall comply with all Municipal by-laws, including, but not limited to
Zoning By-laws and Property Standards By-Law, and comply with all provincial and
federal legislation.
5. Enforcement and Penalties
Inspections
5.1.
An Officer may, at any reasonable time, enter upon any property for the purpose of
carrying out an inspection to determine whether the provisions of this By-law have
been complied with.
5.2.
No Person shall prevent hinder or interfere or attempt to prevent hinder or interfere
with an inspection undertaken by an Officer.
Revocation and Contravention
5.3.
The Clerk may revoke, suspend, or cancel 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 Municipality specifying the particulars of the non-
compliance.
5.4.
Where a Licence is revoked, the Refreshment Vehicle shall be removed from its
location within forty-eight (48) hours of the date of revocation.
5.5.
Failure to remove the Refreshment Vehicle within the time period specified shall
allow the Municipality to remove and impound the vehicle at the Licensee's
expense.
5.6.
Where the Municipality removes and impounds the Refreshment Vehicle, it shall be
entitled to recover the expense incurred from the owner of the vehicle before it
releases custody of the vehicle to the owner. Release from impoundment shall
occur at the Licensee's expense.
5.7.
Where a Licence has been revoked, the Licensee shall have the right to reapply for
a new Licence, and therefore, shall submit a new application together with the
required application fee for the new Licence, and if the application is approved, the
Licensee shall pay the applicable Licence fee.
5.8.
In addition to any measures that are available to the Municipality in this Section,
the Municipality shall have the right to seek to impose a penalty as provided for in
Section 5.9.
Offences and Penalties
5.9.
Every Person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine as provided for by the Provinces Offences
Act, 1990, as amended.
5.10. Each day on which a Person contravenes any provision of this By-law shall be
deemed to constitute a separate Offence under this By-law as provided for in
Section 429(2) of the Municipal Act, 2001, as amended.
Severability
5.11. It is hereby declared that notwithstanding that any section of this By-law, or parts
thereof, may be found by any court of law to be invalid or beyond the power of the
Council to enact, such section or sections or parts thereof shall be deemed to be
severable and that all other sections or parts of this By-law are separate and
independent therefore and enacted as such.
Conflict
5.12. In the event of a conflict between any provision of this By-law and any other by-law
in effect in the Municipality of West Perth or with any other law, statute or
regulation applying to the Municipality, the more restrictive requirement shall apply.
6. Exemptions
6.1.
The requirement for Licence fees shall be exempt for those Refreshment Vehicles
owned and operated by existing Municipality of West Perth Eating Establishments
which are operating at Special Community Events or Special Events.
6.2.
Where a Charitable Organization operating in West Perth receives written approval
from the Municipality in advance, the licencing provisions of the By-law shall not
apply to a Mobile Barbecue operated in connection with their charitable fundraising
event, subject to the approval of the Fire Chief.
6.3.
Refreshment Vehicles providing services to Private Events with the consent of the
Property Owner, and where Refreshments are not made available to the general
public, are exempt from the Licence requirement and the payment of the applicable
Licence fee.
(i)
Notwithstanding Section 6.3 above, Refreshment Vehicles that are providing
services to Private Events shall:
(a) Notify the Municipality in writing of the date, time, and location of the
Private Event at which they are providing services. The Municipality
shall issue a confirmation letter following receipt of the notification.
(b) Comply with all applicable municipal, provincial, and federal
provisions and regulations.
7. Repeal and Amendment
7.1.
By-law 69-2017 and all amendments thereto are hereby repealed.
7.2.
By-law 4-2024 is hereby amended to remove Schedule "J" - Licencing and replace
it with Schedule "B" attached hereto.
8. Effective Date
8.1.
This By-law shall come into full force and effect on March 31, 2024.
Read a first time on this 20th day of February, 2024.
_____________________________
Mayor Walter McKenzie
_____________________________
Clerk Daniel Hobson
Read a second, third and final time and finally passed on this 04th day of March, 2024.
_____________________________
Mayor Walter McKenzie
_____________________________
Clerk Daniel Hobson
Schedule "A" to By-law 7-2024
Municipality of West Perth
Part I Provincial Offences Act
By-law 7-2024: Refreshment Vehicle By-law
Item
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating
or Defining Offence
COLUMN 3
Set Fine
1
Operating a Refreshment Vehicle without a Licence
Section 3.1
$ 350.00
2
Operating a Refreshment Vehicle with an expired, suspended, or revoked Licence
Section 3.2
$ 350.00
3
Operating a Refreshment Vehicle between the hours of 11:00 p.m. and 7:00 a.m. without authorization
Section 3.3
$ 350.00
4
Operating a Refreshment Vehicle within 60 metres of a school without authorization
Section 4.23
$ 350.00
5
Operating a Refreshment Vehicle within 60 metres from the front entrance of an Eating Establishment
Section 4.24
$ 350.00
6
Operating a Refreshment Vehicle within 30 metres of a re-fueling station or any other volatile environment
Section 4.25
$ 350.00
7
Operating a Refreshment Vehicle at a Special Event or within 100 metres of the Special Event without authorization
Section 4.26
$ 350.00
8
Operating a Refreshment Vehicle on property owned or managed by the Municipality without authorization
Section 4.27
$ 350.00
9
Operating a Refreshment Vehicle on a Highway without authorization
Section 4.28
$ 350.00
10
Operating a Refreshment Vehicle in a residential Zone
Section 4.29
$ 350.00
11
Operating a Refreshment Vehicle from location without landowner authorization
Section 4.30
$ 350.00
12
Operating a Refreshment Vehicle on a public sidewalk
Section 4.31
$ 350.00
13
Operating a Refreshment Vehicle on a street within nine (9) metres from the nearest street intersection
Section 4.32
$ 350.00
NOTE: The penalty provision for the offences indicated above is Section 4 of By-law No. 7-2024, a certified copy of which has been filed.
Schedule "B" to By-law 7-2024
Licencing
Service
Description
2024 Rate
Licencing
Hawkers and Pedlars Licence (West Perth Resident) (Per Year)
$ 100.00
Licencing
Hawkers and Pedlars Licence (Non-resident) (Per Year)
$ 250.00
Licencing
Refreshment Vehicles (Per Year)
$ 250.00
Licencing
Refreshment Vehicles (One-Time Event Licence)
$ 50.00
Licencing
Charitable Organization/Community Event (Refreshment Vehicle)
No Charge
Licencing
Sidewalk Patio Licence
$ 250.00
Licencing
Taxicab Driver's Licence
$ 100.00
Licencing
Taxicab Vehicle Licence
$ 100.00
Licencing
Taxicab Transfer
No Charge
Licencing
Taxicab Vehicle Plate Replacement
Replacement Cost