2015-016
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2015-016
Being a by-law to license Refreshment Vehicles
within the Municipality of Clarington
WHEREAS under Subsection 8(3) of the Municipal Act, 2001, 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 under Sections 150 and 151 of the Municipal Act, 2001, 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
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WHEREAS under Subsection 11(2) of the Municipal Act, 2001, a municipality may exercise its
licensing powers for the purpose of consumer protection and to protect the health and safety of
the general public; and
WHEREAS the Council of the Municipality of Clarington deems it appropriate to update the
refreshment vehicle licensing regulations.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby
enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by-law,
"applicant" means a person seeking a licence or renewal of a licence;
"cook" means to prepare food for eating by the action of heat;
"currently licensed" means,
(i) licensed to operate within the Municipality for the current calendar year;
(ii) licensed to operate within another municipality within Durham Region for the
period involved in an anticipated special event; or
(iii) licensed to operate within another municipality outside of Durham Region for a
period of time that would include an anticipated special event.
"Director of Emergency and Fire Services" means the Fire Chief of the Municipality or a
designate;
it establishment" has the same meaning as an eating establishment or restaurant
as defined in the current Municipality of Clarington Zoning By-laws;
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"highway" shall have the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.
H.8;
"licence" means a licence issued by the Municipal Clerk to operate a refreshment
vehicle in accordance with this by-law;
"licensee" means a person to whom a licence has been issued and shall include any
driver or operator of the refreshment vehicle;
"mobile refreshment vehicle" means a vehicle designed and intended to move from one
location to another on a regular basis and on short notice and may include facilities for
cooking;
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"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25;
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"Municipal Clerk" means Clerk of the Municipality or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the geographic
area of Clarington, as the context requires;
"Officer" means a Municipal Law Enforcement Officer whose duties include the
enforcement of this by-law;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and their heirs, executors or legal representatives;
"park" means land and land covered by water and all portions thereof owned or made
available by lease, agreement, or otherwise to the Municipality, that is or hereafter may
be established, dedicated, set apart or made available for use as woodlot, ravine,
recreation centre, square, garden, walkway, water or any other area in the Municipality,
devoted to active or passive recreation;
"plate" means a metal plate issued by the Municipality bearing an identifying number;
"primary location" means the main or home location for operations of a stationary
refreshment vehicle;
"refreshment" includes any form of food or drink fit for human consumption;
"refreshment vehicle" means a refreshment cart, mobile refreshment vehicle or
stationary refreshment vehicle;
"refreshment cart" means any non-motorized vehicle used exclusively for the sale of
prepackaged foods and does not include facilities for cooking;
"special event" means a cultural, recreational, educational or similar event including
fairs, festivals and carnivals, for which a Municipal special events permit has been
issued or which has been sanctioned by the Municipality;
"special event refreshment licence" means a temporary licence issued to a vendor for
the purpose of taking part in a special event;
"stationary refreshment vehicle" means a vehicle which,
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(a) may contain cooking facilities;
(b) must be parked or placed in a specific location in order to operate; and
(c) although it may be moved at the end of the work day, or to various
different locations on a daily basis, it cannot close down and relocate on
short notice; and
"vehicle" shall have the same meaning as in the Highway Traffic Act, R.S.O. 1990, c.
H.B.
References
1.2 In this by-law, reference to any Act or By-law is reference to that Act or By-law as it is
amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this by-law to Sections are references to
Sections in this by-law.
Word Usage
1.4 This by-law shall be read with all changes in gender or number as the context requires.
1.5 In this by-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Application
1.6 This by-law applies to all refreshment vehicles operating in the Municipality unless
otherwise specified.
Severability
1.7 Each section of this by-law is an independent section, and the holding of any section or
part of any section of this by-law to be void or ineffective for any reason shall not be
deemed to affect the validity of any other sections of this by-law.
PART 2 - LICENSING
Requirement
2.1 No person shall operate a refreshment vehicle in the Municipality without a licence.
Applications
2.2 Every licence application shall be completed and submitted on forms prescribed by the
Municipal Clerk.
2.3 Every licence application to operate a refreshment vehicle shall include,
(a) an application fee as prescribed in Appendix A;
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(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department;
and
(d) 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, 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.
2.4 In addition to the requirements in Section 2.3, every licence application to operate a
stationary refreshment vehicle shall include,
(a) proof of inspection and approval from the Clarington Emergency and Fire Services
Department for a fixed fire suppression system, if any;
(b) in the case of a new applicant, the Technical Standards and Safety Authority Initial
Vehicle Inspection Report;
(c) where there are cooking appliances that produce grease laden vapour,
verification that the vehicle is protected by an approved fixed fire protection
system;
(d) where the applicant is not the owner of the land where the stationary refreshment
vehicle will be located, written permission signed by the owner of the property
where the stationary vehicle will be located;
(e) proof from the Planning Services Department that the placement of the vehicle on
the proposed property is an approved ancillary use on the land; and
(f) a site location drawing, drawn to scale, showing,
(i) the proposed primary location of the stationary refreshment vehicle;
(ii) parking facilities for the business; and
(iii) the distance between the proposed location and all property lines.
2.5 In addition to the requirements in Section 2.3, every licence application to operate a
refreshment cart shall include, where the applicant is a company which owns more than
one vehicle, the total number of refreshment carts to be licensed.
2.6 In addition to the requirements in Section 2.3, every mobile refreshment vehicle licence
application shall include,
(a) proof of inspection and approval from the Clarington Emergency and Fire Services
Department; and
(b) where the applicant is a company which owns more than one vehicle, the total
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number of mobile refreshment vehicles to be licensed.
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2.7 Every licence application to operate a refreshment vehicle as part of a special event shall
include,
(a) written proof of participation approval by the special event host organization;
(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department or
where the applicant is currently licensed by their home jurisdiction, proof of
inspection and approval from their home jurisdiction Health Department; and
(d) proof of inspection and approval from the Clarington Emergency and Fire Services
Department or where the applicant is currently licensed by their home jurisdiction,
proof of inspection and approval from their home jurisdiction Fire Department.
Issuance
2.8 The Municipal Clerk may approve or refuse any licence application, and may impose any
conditions upon an approval as she determines appropriate. More specifically, the
Municipal Clerk may refuse based on the vehicle type, appearance or where the location is
deemed inappropriate, unsuitable or unsafe.
2.9 The Director of Emergency and Fire Services may impose alternative setbacks from
adjacent structures or vehicles as is deemed necessary in the interest of public safety.
2.10 The Municipal Clerk shall not issue a stationary refreshment vehicle licence where the
issuance would contravene or conflict with any other Municipal By-law.
2.11 The Municipal Clerk shall not issue a licence for which all of the necessary application
supporting documents have not been supplied in original form, or as otherwise determined
by the Municipal Clerk.
2.12 The operator of a mobile refreshment vehicle shall not operate from any single location for
more than 30 consecutive minutes before having to move again.
2.13 (1) The Municipal Clerk shall not issue a licence unless the refreshment vehicle will be
located in excess of 60 metres from any,
(a) eating establishment;
(b) playground equipment located in any park; and
(c) school property.
(2) Clauses (a) and (b) above shall not apply to special event refreshment licences.
(3) Notwithstanding clause 1(a) above, the Municipal Clerk may issue a licence for a
period not exceeding 4 consecutive days if the owners or operators of all eating
establishments within 60 meters of the proposed location of the refreshment
vehicle consent to the issuance and all other requirements for issuance have
been met.
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2.14 The Municipal Clerk shall not issue a licence to operate in a park without the written
consent of the Director of Operations.
2.15 Every vehicle licensed to operate as a refreshment vehicle shall, unless otherwise
stipulated in this by-law, be issued a plate and such plate shall be affixed to the rear of
the vehicle and be clearly visible at all times.
2.16 A licensee shall comply with all licence conditions.
Disqualifications
2.17 The Municipal Clerk shall refuse to issue or renew a licence where,
(a) the applicant is not at least 18 years of age;
(b) the application is incomplete;
(c) the prescribed licence fee has not been paid;
(d) the applicant has outstanding fines or debts to the Municipality; j
(e) the applicant has submitted false information in support of the application;
(f) the issuance of the licence would contravene any of the provisions of this by-law;
(g) the applicant has been convicted of a breach of this by-law or any similar by-law
within another municipality; or
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(h) an Officer, by way of inspection, has determined that the refreshment vehicle is not
in compliance with this by-law.
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2.18 (1) Any motor vehicle which is to be used as a refreshment vehicle shall be capable of
moving under its own power upon demand of an Officer.
(2) Any vehicle or trailer which is to be used as a refreshment vehicle shall be capable j
of being moved demand of an Officer.
(3) Notwithstanding Subsection 2.18(1), the refreshment vehicle currently operating on j
the property located at Concession 4 Part lot 16, former Township of Darlington and
municipally known as 4580 Old Scugog Road may continue to be licenced as a
stationary refreshment vehicle provided there are no further alterations or
expansions to the vehicle and the use remains uninterrupted.
Transfer
2.19 Licences are not transferrable except with the written consent of the Municipal Clerk.
Term
2.20 Licences are valid from the date of issuance and expire on December 31 st of each year,
unless revoked or suspended.
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Exemptions
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2.21 A licensee may temporarily relocate, for up to a maximum of 4 consecutive days, upon
written approval of the Municipal Clerk.
2.22 Notwithstanding Section 2.3, a licence application to participate in a special event or for a
temporary relocation licence shall only include the supporting documents as follows:
(a) A refreshment vehicle which is licenced by the Municipality for the current calendar
year shall require an on-site Emergency and Fire Services Department inspection
and an on-site Health Department inspection only.
(b) A refreshment vehicle which is currently licenced for another municipality within
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fixed fire suppression system) and an on-site Health Department
inspection as well as copies of their corporate information and liability insurance
listing the Municipality as a third party co-insured for the duration of the special
event.
(c) A refreshment vehicle which is currently licenced for another municipality outside of
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fixed fire suppression system) and an on-site Health Department
inspection as well as copies of their vehicle ownership, their corporate information
and liability insurance listing the Municipality as a third party co-insured for the
duration of the special event.
(d) A refreshment vehicle which is not currently licenced for any municipality shall
require all the information and documentation as any other applicant for an annual
licence.
PART 3 —OPERATING REQUIREMENTS
3.1 No licensee shall operate a stationery refreshment vehicle in a location other than the
location for which the refreshment vehicle licence has been issued.
3.2 Every licensee, driver or operator of the refreshment vehicle shall produce the licence
issued in accordance with this by-law when requested to do so by an Officer, Police Officer
or Health Inspector.
3.3 Every licensee shall ensure the plate issued in accordance to this by-law is affixed to the
rear of the vehicle and clearly visible at all times.
3.4 Every licensee shall display the license in or on the refreshment vehicle.
3.5 Every licensee shall keep the licensed refreshment vehicle in a clean and sanitary
condition at all times.
3.6 Every licensee shall equip the licensed refreshment vehicle with a garbage receptacle
of sufficient size to accommodate all waste material generated by the operation of the
refreshment vehicle.
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3.7 Every licensee shall only sell refreshments from the licensed refreshment vehicle that
comply with all applicable health and sanitary regulations.
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3.8 Every licensee of a refreshment cart shall only sell prepackaged refreshments in
accordance with their licence.
3.9 No licensee of a refreshment cart shall prepare food or cook on or in their refreshment
cart.
3.10 No licensee shall operate a refreshment vehicle, containing cooking or heating facilities,
without a 5 lb. ABC portable fire extinguisher.
3.11 No licensee shall relocate a stationary refreshment vehicle without the approval of the
Municipal Clerk.
3.12 No licensee shall conduct business while parked on any travelled portion of a highway.
3.13 Notwithstanding Section 3.12, a licensee, operator, driver of a refreshment cart or a mobile
refreshment vehicle may, in the course of its rounds, operate on a portion of a highway
where it would be impractical to do otherwise but all sales shall be conducted off the
travelled portion of the highway.
PART 4— ENFORCEMENT
Inspections
4.1 An Officer may, at any reasonable time, enter upon any property for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-law have
been complied with.
4.2 No person shall prevent hinder or interfere or attempt to prevent hinder or interfere with
an inspection undertaken by an Officer.
Suspension of Licence
4.3 The Municipal Clerk or the Director of Emergency and Fire Services may suspend a
licence if the licensee fails to comply with any provision of this by-law and such non-
compliance is not remedied within 7 days, or other time period as deemed appropriate
by the Municipal Clerk, following notice from the Municipality specifying the particulars
of the non-compliance.
Revocation of Licence
4.4 The Municipal Clerk may revoke a licence if,
(a) it was issued in error;
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(b) it was suspended in accordance with Section 4.3 and no satisfactory evidence of
compliance has been filed with the Municipality within 60 days from the date of
suspension;
(c) it was issued as a result of false, mistaken, incorrect, or misleading statements,
information or undertakings on the application or on any submitted documents
that formed the basis of issuance; or
(d) upon the request of the licensee.
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Offences and Penalties
4.5 Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences
Act, R.S.O. 1990, c. P.33.
PART 5- GENERAL
Short Title
5.1 The short title of this by-law shall be the "Refreshment Vehicle By-law".
Repeal
5.2 By-law No. 2004-114, as amended, is repealed.
5.3 Notwithstanding section 5.2, all licences issued under By-law No. 2004-114 shall remain
in effect until they would have otherwise expired.
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Effective Date
5.4 This by-law shall be effective on the date that it is passed.
By-law passed this 9t" day of February, 2015.
, �drian Foster, Mayor
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Anne reentre , Municipal Clerk
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Appendix A
Refreshment Vehicle Licence Fees
Details Fee
Stationary Refreshment Vehicle Annual $200 —first vehicle
Licence $100 — each additional vehicle
Licensed Stationary Refreshment Vehicle $0.00 — up to 10 times per licensing period
Temporary Relocation fee $50.00 — each additional time per licensing
period
Mobile Refreshment Vehicle Annual $200 —first vehicle
licence $100 — each additional vehicle
Mobile Refreshment Vehicle Temporary
Relocation fee
Refreshment Cart Annual Licence $200 — unlimited number of carts
Participation in a Special Event
Currently licensed in Clarington $0.00
Currently licensed in Durham Region $25.00 per vehicle
Currently licensed in another jurisdiction in
Ontario $50.00 per vehicle
If not currently licenced in any jurisdiction $200 —first vehicle
$100 —each additional vehicle
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