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