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HomeMy WebLinkAboutBRU 97 009 food vending carts mE UJKJ:'œATIœQJi'~_'f(ImfIJIP 9F .BRDÇE BY-:IJ!W NO. 97=9 BEING A BY-L!\W TO REGULATE FOOD VENDING C1\RTS. WHEREAS Section 236(11) of the Municipal Act, R.S.O., 1990, Chapter M.4S, authorizes Cotmcils to pass by-laws to license, regulate and govern vehicles fratl which refres1ments are sold for cOllSl.IT'Ption by the public, and for revoking any such license; AND WHEREAS Section 234(1), Paragraph 3 of the Municipal Act, R.S.O. 1990, Chapter M.4S, authorizes Cotmcils to pass by-laws to prohibit the sale of refreshments or confections fratl a basket or wagon, refreshment vehicle or other vehicle upon any highway or part of it or in any park or other public place; AND WHEREAS Section 210(73) of the Municipal Act, R.S.O., 1990, Chapter M.4S, authorizes Cotmcils to pass by-laws 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 nay be nade applicable to the whole mmicipality or to any defined areas thereof; Nail 'nIEREFORE the Council for the Corporation of the Township of Bruce mACTS as follows: 1.0 Definitiœs 1.1 Food V....d;n<J - shall mean the sale of prepared foods ready for human consl.lT'Ption and shall incl ude but not be limi ted to such i terns as hotdogs, sausages, french fries and assorted condiments. 1.2 Licecse - means a license issued pursuant to this by-law. 1.3 Li~ - means a person licensed under this by-law. 1.4 Locaticn - means a position or site occupied or available for occupancy where food vending is permitted. 1.S Medical Officer of Health - means the Medical Officer of Health for the Bruce-Grey-OWen sound Heal th Uni t. \ 1.6 ~""iD - means the Corporation of the Township of Bruce. 1. 7 Refreshœnt Vehicle - means a vehicle, which is on wheels and is capable of being IOOved fratl place to place by a person. 1.8 Year - shall mean calendar year being January 1st to Decerrœr 31st. mE OORPORATICft OF mE TCJoINSHIP OF BRUCE BY-L!\W NO. 97-9 P1\GE 2 2.0 Reaulatiaos 2.1 No person shall operate for personal gain food vending carts in the Township without first having obtained a license pursuant to this by-law. 2.2 No person shall operate a refreshment vehicle 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 Township of Bruce Consolidated Fee By-law, as amended fratl time to ti¡œ by IOOtion. 2.4 No Licensee' s refreshment vehicle shall be located in such a nanner that it unreasonably confines, irrpedes or presents a hazard to pedestrians or other users of a sidewalk, untravelled portion of a municipal road allowance or municipal park. 2.S Every refreshment vehicle used for food vending shall not exceed the dimensions of 27 square ¡œters. 2.6 The Licensee shall ensure that their refreshment vehicle is equipped with a ¡œtal and/or plastic refuse container with a self-closing lid, and such container shall be kept in a clean sanitary coodition and errptied at least once daily. 2.7 The Licensee shall ensure that their refreshment vehicle is equipped with a clearly narked recyclable container, with a self closing lid, for cans and glass. 2.8 All refuse generated by the operation of a refreshment vehicle shall be disposed of in accordance with the Township's Waste Management By-law No. 96-22, as amended and pay the appropriate fee per tag in advance for the year based on the estinated usage. 2.9 The Licensee shall ensure that the refreshment vehicle and all parts and equipnent for use in the dispensing of food are naintained in a clean and sanitary condition and at all tilœs in good repair. 2.10 The licensee shall carply with all applicable regulations of the Fire Code and all requirements of the Tiverton Fire Departlœnt. mE OORPORATICl'f OF mE TCJoINSHIP OF BRUCE BY-IJIN NO. 97-9 P1\GE 3 2.11 No license shall be transferred except with consent in writing of the Township and the Township shall not be bound to give such consent. 2.12 The Licensee shall be solely respcnsible to pay any license or other fees that nay be required by other agencies that have an interest in the lands upon which the license operates. 2.13 No Licensee shall operate a refreshment vehicle in a location where the operation of the refres1ment vehicle would conflict with existing agreements of Cotmcil or any of its Camlittees or Boards. 2.14 No Licensee shall operate a refreshment vehicle between the hours of 11:00 p.m. and 9:00 a.m. of the next day. 2.1S No refreshment vehicle shall be equipped with any sounding device, loud speakers, amplifiers or other hailing devices for attracting attention. 2.16 Any lighting on a refreshment vehicle shall be only for the purpose of nornal illuni.nation. 2.17 A Licensee shall carply with all applicable provisions and regulations under the Heal th Protection and Praootion Act. 2.18 A Licensee shall carply with Section 4.16 Sight Visibility Triangles of the Township of Bruce By-law No. 76-13, as amended. 3. ° .l!àninistratiœ 3.1 Every application for a license shall be accarpanied by a carpleted form as shown as Schedule "B" to this by-law. 3.2 Every application for a license shall be accarpanied by a sketch or photograph or similar facsimile of the refreshment vehicle, and a site plan showing location of the lot. 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 providing general liability insurance in the mininun aJOOUIlt of $1,000,000.00. mE OORPORATION OF mE TrnNSHIP OF BRUCE BY-LIIW NO. 97-9 P1\GE 4 3.3.2 The policy shall contain cross-liability coverage whereby the Township is indennified against all liabilities which in any way arise fratl any activity authorized by the license. 3.3.3 The policy shall provide that 30 days prior written notice shall be provided to the Township in the event of any naterial amenànent to or cancellation of the policy. 3.4 Each license application shall be approved by resol uti on of the council of the Corporation of the Township of Bruce. 3.S Only three refreshment vehicle licenses shall be issued by the Township in any calendar year. 4.0 ~ 4.1 Every person who contravenes any provision of this by-law: (i) is guilty of an offence; and (ii) upon conviction therefore is liable to a fine or penalty of not IOOre than Five Thousand ($S,OOO.OO) Dollars as prescribed in The Provincial Offenses Act, R.S.O. 1990, Chapter P.33, as amended. 4.2 This by-law shall cane into full force and effect upon its final passage. 4.3 This by-law nay be cited as the "Food Vending Cart By-law". By-law introduced and read a First and Second time this TWE2n'Y-SEVmTH day of MAY, 1997. It was agreed that sane minor amendments should be nade to the by-law and have it read a Third time at the next meeting after the amendments were nade. . The by-law as amended, be read a Third time and finally passed, signed, sealed, and nurbered 97-9 this TEm'H day of JUNE, 1997. « /J / \ ~~ ~ ---UYJ,~._,_. ~.. ~J~._._ REEVE ......-. - ~ SEAL _ --- ""-'. .- mE OORPORATICft OF mE TCJoINSHIP OF BRUCE BY-IJIN NO. 97-9 (SCHEOOLE "A") PAGE S . ~1Z "A" All lands zoned "œ", "0.:;", "CR-R", and "œ-R", as defined in the Township of Bruce Zoning By-law, as amended. . 'ftIE cnuœATICl'f OF 'ftIE TCJoINSHIP OF BRUCE BY-IJIN NO. 97-9 (sœEOOLE ''5'') P1\GE 6 $ :JoI1O ..LE "'S" . THE CORPORATION OF THE TOWIfSBIP OF BRUCE APPLICATION FOR FOOD VElDING CART LICENSE PURSUANT TO BY-LAN NO. 97-9 NAME: ADDRESS: TELEPHONE NO. (HOME) (BUSINESS) BUSINESS NAME (Ir IPPLICIBLI) ************************** I have inspected the above referred to refreshœnt vehicle and cmfiDII that it c:œplies with all Public Health Regulatiœs regard:ing same. Medical Officer of Health I have inspected the above referred to refr-.......t vehicle and cmfirm that it c:œplies with all fire Regulatiœs regarding same. Fire C2rief *AAAAAAAAAAAAAAAAAAAAAA Proof of IDsuraDce Att.....- Fee ($300) Att-..robed Sketch Ath(!~ Resolutiœ of r.w..,.; I Date License IfœiJer