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HomeMy WebLinkAboutTIV 96 007 food vending carts :\ 11 , i , . I I \ , I I ~ , . THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 1996-7 A BY-LAW TO REGULATE FOOD VENDING CARTS IN THE VILLAGE OF TIVERTON WHEREAS Section 236 of the Municipal Act, R.S.O. 1990, C.M. 45, authorizes Council 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 Act, R.S.O. 1990, C.M. 45, authorizes Councils to pass bylaws to prohibit the sale of refreshment 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 Village of Tiverton ENACTS as follows: 1.0 DEFINITIONS 1.1 CART - means a vehicle other than a motor vehicle, which is on wheels and is capable of being moved from place to place by a person. 1.2 FOOD VENDING - shall mean the sale of prepared foods ready for human consumption and shall include but not be limited to 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 having jurisdiction in the Village of Tiverton 1.7 VILLAGE - means The Corporation of the Village of Tiverton 2.0 REGULATIONS 2.1 No person shall operate for personal gain food vending in the Village without first having obtained a license pursuant to this by-law 2.2 No person shall operate a cart in a location other than that specified on Schedule "A" of the By-law 2.3 License fee for the cart is $150.00 per calendar year 2.4 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 page 2 By-law 1996-7 2.5 Every cart used for food vending shall not exceed the dimensions of 2 square metres 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 All refuse generated by the operation of a cart shall be disposed of on a daily basis at the licensee expense . 2.9 The licensee shall ensure that the cart and all parts and equipment for use in the dispensing of food are maintained in a clean and sanitary condition and at all times in good repair. 2.10 The licensee shall comply with all applicable regulations of the Fire Code and all requirements of the Tiverton and District Fire Department 2.11 The Licensee shall comply with all applicable regulation of the Medical Health Unit servicing the Village of Tiverton II Ii i 2.12 The license shall not be transferred except with consent in writing of the Village and the Village shall not be bound to give such consent 2.13 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 2.14 No licensee shall operate a cart in a location where the operation of the cart would conflict with an existing agreement of Councilor any of its Committees or Boards. 2.15 No licensee shall operate a cart between the hours of 11:00 p.m. and 8:00 a.m. of the next day 2.16 No cart shall be equipped with any sounding device, loud speakers, amplifiers or other hailing devices for attracting attention. 2.17 Any lighting on a cart shall be only for the purposes of normal illumination 2.18 A licensee shall comply with all applicable provision and regulation under the Health Protection and Promotion Act 3.0 ADMINISTRATION . 3.1 Every application for a license shall be accompanied by a completed form as shown as schedule "B" to this by-law 3.2 Every application for a license shall be accompanied by a sketch or photograph or similar facsimile of the cart 3.3 Every applicant, prior to issuance of a license, shall provide a copy of his/her insurance policy which specifies the following: 3.3.1 The licensee shall have an insurance policy in force providing general liability insurance in the minimum amount of $1,000,000 3.3.2 The Village is named as an additional named page 3, By-law 1996-7 insured 3.3.3 The policy shall contain cross-liability coverage whereby the Village 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 the Village in the event of any material amendment to or cancellation of the policy 3.4 Each licensee shall obtain from the Fire Chief a written report or certificate and favourable recommendation regarding the construction and equipment of the Food Vending Cart to which the application for license refers 3.5 Each licensee shall obtain from the Medical Officer of Health a written report or certificate and favourable recommendation regarding the construction and equipment of the Food Vending Cart to which the application for license refers 3.6 Each license application shall be approved by resolution of the Council of the Corporation of the Village of Tiverton 3.7 Only one cart license shall be issued by the Village in any calendar year 4 . 0 SUNDRY 4.1 Every person who contravenes any provisions of this by- law is guilty of an offence and is subject to the penalties as prescribed in the provincial Offences Act, R.S.O. 1990, Chapter P. 33 or by suspension or revocation of any license issued under this By-law 4.2 This by-law shall come into full force and effect upon its final passage 4.3 This by-law may be cited as the "Food Vending Cart By- Law" READ a FIRST and SECOND time this 25th day of June, 1996 r?~~07~ eve READ a THIRD time and FINALLY 25th day of June, 1996. 4nn#/~ Clerk PASSED, SIGNED and SEALED this . ~-~~ eve - ' ^ - - ~ -. ..-. . 4ur> 0~1d'1 ~lerk . - - !;f .~.l < "/_, -....... - ~~-' . .'-':,.. -- ...I~,:,. Jill' ,'/' " -','.- -' < -. -- II Ii . II . Schedule "A" to By-law 1996-7 SCHEDULE "A" Approved locations for Food Vending Cart Operation 1. Any commercially or Institutionally Zoned parcel of land, not owned by the Village but entered on by the licensee with the written agreement of the property owner. 2. Any location approved by the Council of the Village of Tiverton. . Schedule "B" to By-law 1996-7 SCHEDULE "B" owner/applicants name owner/applicants address owner/applicants phone and fax . Ministry of Revenue Vendor Number i. address of proposed site location owner/applicants signature date attach or provide a sketch, photograph or similar facsimile of cart below il