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Home My WebLink AboutKIN 93 051 Reg Food Vending THE CORPORA nON OF THE TOWN OF KINCARDINE . ~;,- <*' ~ /ILL ..... 171,;- ..... ,00'"'' :;;"" "~~ BY-LAW BY-LAW NO. 1993-51 A BY-LAW TO REGULATE FOOD VENDING CARTS IN THE TOWN OF KINCARDINE WHEREAS Section 236 of the Municipal Act, R.S.O., 1990, c.M.45, authorizes Councils to pass bylaws to license, regulate and govern vehicles from which refreshments are sold for consumption by the public, and for revoking any such license; AND WHEREAS Section 234 of the Municipal Bct, R.S.O., 1990, c.M.45, authorizes Councils to pass bylaws to prohibit the sale of refreshments or confections from a basket or wagon, cart or other vehicle upon any highway or part of it or in any park or other public place; AND WHEREAS Section 210 of the Municipal Act, R.S.O., 1990, c.M.45, authorizes Councils to pass bylaws to prohibit or regulate sales by retail in the highways or on vacant lots adjacent to them and for regulating traffic in and preventing the blocking up of the highways by vehicles or otherwise and a By-Law passed under this section of the Municipal Act may be made applicable to the whole municipality or to any defined areas thereof; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1 . 0 Definitions 1.1 Cart - means a vehicle other than a motor vehicle, which ~s on wheels and is capable of being moved from place to place by a person. , 1.2 Food Vendina - shall mean the sale of prepared foods -,A' ,de,;:/ ready for human consumption and shall include but not be ;/).5. '7;;; limited.¡, such items as hotdogs, sausages and assorted _/ condiments. 1.3 License - means a license issued pursuant to this by-law. 1.4 Licensee - means a person licensed under this by-law. 1.5 Location - means a position or site occupied or available for occupancy where food vending is permitted. . 1.6 Medical Officer of Health - means the Medical Officer of Health for the Bruce-Grey-OWen Sound Health unit. 1.7 Town - means The Corporation of the Town of Kincardine. 2 . 0 Re2nlatiotls 2.1 No person shall operate for personal gain food vending in the Town without first having obtained a license pursuant to this By-Law. . ./2 2.2 No person shall operate a cart in a location other than that specified on Schedule "A" of this By-Law. 2.3 License fees pursuant to this By-Law shall be as established by the Town's Consolidated Fee By-Law. No licensee's cart shall be located in such a manner that it unreasonably confines, impedes or presents a hazard to pedestrians or other users of a sidewalk, untraveled portion of a municipal road allowance or municipal park. 2.5 Every cart used for food vending shall not exceed the dimensions of 2 square metres. 2.4 . 2.6 The licensee shall ensure that their cart is equipped with a metal refuse container with a self-closing lid, and such container shall be kept in a clean sanitary condition and emptied at least once daily. 2.7 The licensee shall ensure that their cart is equipped with a clearly marked recyclable container, with a self closing lid, for cans and glass. 2.8 2.9 a cart shall be Town's Waste All refuse generated by the operation of disposed of in accordance with the Management By-Law Number 1993-13. The licensee shall ensure that the cart and all parts equipment for use in the dispensing of food maintained in a clean and sanitary condition and at times in good repair. and are all 2.10 The licensee shall comply with all applicable regulations of the Fire code and all requirements of the Kincardine Fire department. 2.11 No license shall be transferred except with consent in writing of the Town and the Town shall not be bound to give such consent. 2.12 The licensee shall be solely responsible to pay any license or other fees that may be required by other agencies that have an interest in the lands upon which the license operates. 2.13 No licensee shall operate a cart in a location where the operation of the cart would conflict with an existing agreements of Councilor any of its Committees or Boards. 2.14 No licensee shall operate a cart between the hours of 11:00 p.m. and 8:00 a.m. of the next day. 2.15 2.16 2.17 . 3.0 3.1 3.2 No cart shall be equipped speakers, amplifiers or attracting attention. with any sounding device, loud p.:. ,i, other hailing devices for , - ¡ . ,- Any lighting on a cart shall be only for the purposes of normal illumination. A licensee shall comply with all applicable prov~s~ons and regulations under the Health Protection and Promotion Act. Administration Every application for a license shall be accompanied by a completed form as shown as schedule liB" to this by-law. Every application for a license shall be accompanied by a sketch or photograph or similar facsimile of the cart. . ./3 3.3 Every applicant, prior to issuance of a provide a copy of his/her insurance specifies the following: license, policy shall which .' The licensee shall have an insurance providing general liability insurance minimum amount of $1,000,000. 3.3.2 The Town is named as an additional named insured. policy in the 3.3.1 3.3.3 The policy shall contain cross-liability coverage whereby the Town is indemnified against all liabilities which in any way arise from any activity authorized by the license. 3.3.4 The policy shall provide that 30 days prior written notice shall be provided to the Town in the event of any material amendment to or cancellation of the policy. 3.4 Each license application shall be approved by resolution of the council of The Corporation of the Town of Kincardine. 3.5 Only five cart licenses shall be issued by the Town in ~ any calendar year. E 4 . 0 Snndrv 4.1 Every person who contravenes any provisions of by-law is guilty of an offence and is subject to penalties as prescribed in the provincial Offences R.S.O. 1990, Chapter P.33 or by suspension revocation of any license issued under this By-Law. this the Act, or 4.2 This its by-law shall come into full force and effect final passage. upon 4.3 This by-law may be cited as the "Food Vending Cart By-Law" . READ a FIRST and SECOND time this 19th day of August, 1993. READ a THIRD time and FINALLY PASSED this 2nd day of September, 1993. ~~ . . . NUMBER 1 2 3 SCHEDULE "A" Of (..,- _of' 7- - j,~... -) 1"/ c¡..,.; .\ Approved Locations for Hot Dog Cart operations DESCRIPTION penetangore Soccer Fields Legion Park Any Commercially or Institutionally Zoned parcel of land, not owned by the Town but entered on by the licensee with the agreement of the property owner. - - BY-LAW NO. 4735 SCHEDULE ~ ..6 as Amended by By-Law 1993 -¡J:)' / APPLICATION FOR A REFRESHMENT VEHICLE LICENCE WITHIN THE CORPORATION OF THE TOWN OF KINCARDINE I (or we) of the Town of Kincardine do hereby apply for a REFRESHMENT VEHICLE LICENCE for Address: Postal code: Proof of liability insurance of at least $1,000,000 is attached Date: Signed: Position: I hereby inspected that it certify that I or an authorized officer of this department have the refreshment vehicle in the last three months and confirm conforms with applicable sections of the Ontario Fire Code. Date: Signed: Fire Chief ************************************************************************* Letter from Local Board of Health Official inspected within the last three months and it sections of the Ontario Health Act. that the vehicle has been conforms with the applicable Date Received: ************************************************************************* Proof of Insurance Attached? Fee: Date Paid: Licence No. Date of Issue: