HomeMy WebLinkAboutBy-law No. 2009-086 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 2009-086
BEING A BY-LAW TO LICENSE REFRESHMENT VEHICLES
IN THE MUNICIPALITY OF BAYHAM
WHEREAS Section 151(1)of the Municipal Act, 2001, S.O. 2001 c.25 authorizes a
municipality to provide for a system of licenses with respect to a business within the
municipality;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
licensing all refreshment vehicles;
AND WHEREAS the Municipal Act S.O. 2001, Chap. M. 25 as amended provides that the
Council of a local Municipality may by by-law, impose specific rates and fees to be charged for
municipal services.
NOW THEREFORE BY ITS COUNCIL THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
PURPOSE
1. The purpose of this by-law is to provide consumer protection and to protect the
health and safety of its residents by exercising authority to regulate the operation
of refreshment vehicles in the municipality.
DEFINITIONS
2. In this By-law:
a) "Refreshment vehicle" shall mean any vehicle from which refreshments are
sold for consumption by the public and includes, without limiting the
generality of the foregoing, carts, wagons, trailers and trucks,irrespective of
the type of motive power employed to move the refreshment vehicle from one
point to another
GENERAL PROVISIONS
3. No person shall operate a Refreshment vehicle within the Municipality of Bayham
unless a license has been issued under this By-law.
4. A Refreshment Vehicle may only be licensed for placement on private property or
municipal parklands.
By-law 2009- 086 Page 2
5. Notwithstanding Section 3 of this by-law, a person may operate a refreshment
vehicle without a license if participating at a designated community festival,
including Edison Fest-Vienna, Canada Day- Port Burwell, Tub Daze-Port
Burwell and Watermelon Fest— Straffordville or if the refreshment vehicle is
operated by a not-for-profit organization, Registered Charity, Service Club or
Church organization for a continuous period of 3 days of less.
6. Refreshment vehicles may be situated on private property zoned for such
commercial use as per the current municipal Zoning By-law.
7. Refreshment vehicles located on private property must provide written approval
from the property owner.
8. No individual under eighteen(18) years of age may operate a refreshment vehicle.
9. Refreshment Vehicles are restricted to permit the sale of the following items: fish,
sausages, hotdogs,hamburgers, buns, French fries, onion rings,tacos and similar
fast foods,popcorn,packaged chips, ice cream, coffee,tea, bottled water,juices,
milk and soft drinks.
10. All refreshment vehicles shall be of sufficiently sound construction to provide
reasonable protection against dirt, dust, flies and other injurious matter or things.
11. The floor and walls of the refreshment vehicle shall be of impervious material,
free of holes, cracks or crevices and the surface shall be readily washable and shall
be kept clean and in good condition.
12. A photograph of the unit shall be provided with the application.
13. The refreshment vehicle shall meet all requirements and regulations of the local
health unit and written compliance shall be provided to the municipality prior to
the issuance of a license.
14. Every Refreshment Vehicle shall be equipped with a minimum of one 10 pound
fire extinguisher containing extinguishing agent of sodium bi-carbonate,
potassium bi-carbonate dry chemical or potassium carbonate solution.
15. Refreshment vehicles are required to observe a minimum 1.0 metre setback from
all property boundaries.
16. The refreshment vehicle shall be equipped with:
a) a metal waste container with a self-closing lid which shall be kept in a clean
and sanitary condition at all times and emptied at least daily;
or
b) a disposable litter container which shall be replaced daily;
and
By-law 2009- 086 Page 3
c) a suitable container for recyclable waste i.e. pop cans,plastic bottles, cardboard
etc.
and such containers shall be used for the responsible disposal of all waste.
17. The Licensee shall be responsible to comply with all applicable By-laws and
Provincial and Federal legislation and regulations and this license does not exempt
the Licensee from any applicable statute,regulation, or code of any legislative,
administrative, or governmental authority, including but not limited to, approvals
under the T.S.S.A. and the Licensee shall obtain and pay for any and all required
permits.
18. The Licensee of any refreshment vehicle shall have an insurance policy in force
providing for comprehensive liability coverage in a minimum amount of
$2,000,000. The Licensee shall provide proof of insurance at any time upon the
request of the municipality.
19. A license issued under this by-law is not transferable.
20. Every refreshment vehicle Licensee shall prominently display the license at the
refreshment vehicle at all times.
21. Where a license is revoked due to non-compliance, no refund of any payment of
fees paid by the applicant shall be made.
22. The license is valid up to December 31st of the year issued with no fee reduction
for any periods less than the year.
23. The license fee shall be as per Schedule"A"attached to and forming part of this
by-law.
PENALTY CLAUSE
24. Any person who contravenes any section of this by-law is guilty of an offence and
upon conviction is liable to a fine or penalty for each offence, exclusive of cost as
prescribed by the Provincial Offences Act, R.S.O. 1990.
ENFORCEMENT
25. A Municipal Law Enforcement Officer has the authority to enforce this by-law.
26. A Municipal Law Enforcement Officer designated to perform inspections pursuant
to this By-law may at all reasonable times, enter onto private land for the purposes
of an inspection of the refreshment vehicle.
By-law 2009- 086 Page 4
27. No person who has or is required to have a License under this By-law shall
obstruct or hinder or permit the obstruction or hindrance of any inspection under
this by-law.
EFFECTIVE
28. This By-law repeals and supersedes all other by-laws pertaining to the licensing of
refreshment vehicles in the municipality.
29. This By-law shall take effect on the date of passing by Council and shall remain in
effect until the date it is repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS
DAY OF) 4,19 2009.
MA R LERK
By-law 2009- 086 Page 5
CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW 2009-086
SCHEDULE 'A'
ANNUAL LICENSE FEE:
REFRESHMENT VEHICLE $500 annually
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road
o,�� P.O. Box 160
pF°rti,n ty`Y oa Straffordville ON NOJ 1Y0
Ph. 519-866-5521 Fax 519-866-3884
APPLICATION FOR REFRESHMENT VEHICLE LICENCE
(on private property or municipal parklands)
BY-LAW 2009 - 086
LICENCE FEE: $500 ANNUALLY
REFRESHMENT VEHICLE—shall mean any vehicle from which refreshments are sold for
consumption by the public and includes, without limiting the generality of the foregoing, carts,
wagons,trailers and trucks,irrespective of the type of motive power employed to move the
refreshment vehicle from one point to another.
Please contact the Elgin St. Thomas Health Unit at 99 Edward Street, St. Thomas at 1-800-922-0096,
with respect to this application. An inspection by the health unit may be required prior to sales from
the refreshment vehicle.
DATE: LICENCE NUMBER:
EXPIRY DATE:
PLEASE ATTACH:
nConfirmation of minimum of$2,000,000.00 comprehensive liability insurance
Written proof of the property owner(s)permission for placement of a refreshment vehicle on
private property,
nPhotograph of the refreshment vehicle
PROPOSED LOCATION FOR REFRESHMENT VEHICLE:
(Attach a map indicating the location on site,parking area, ingress/egress)
HOURS OF OPERATION: DATES OF OPERATION:
ACCESSORY ITEMS REQUIRED:
REFRESHMENT VEHICLE NAME:
OWNER'S NAME (S):
Street Address
City/Town/Village Ontario
Postal Code Home Ph# Cell Ph#
TYPE OF FOOD TO BE SOLD:
Refreshment Vehicle Licence Application Page 2
PROPERTY OWNER NAME:
Street Address
Home Ph# Cell Ph#
I/We hereby acknowledge that Uwe are responsible to comply with all applicable by-laws and
Provincial and Federal legislation and regulations and this license does not exempt me/us from any
applicable statute, regulation,or code of any legislative, administrative,or governmental authority,
including but not limited to, approvals under the T.S.S.A. and I/we shall obtain and pay for any and all
required permits.
I/We hereby acknowledge that Uwe have been provided with a copy of and have read and understand
the regulations as set out in the Municipality of Bayham By-law Number 2009 - 086.
Signature of Applicant Signature of Applicant
The information provided in this application will be available for public inspection.
OFFICE USE ONLY
AMOUNT DUE: $500.00
DATE FEE PAID: RECEIPT NUMBER:
PLANNING DEPARTMENT
BUSINESS LOCATION:
OFFICIAL PLAN DESIGNATION:
ZONING DESIGNATION:
PERMITTED USE: = NO CI YES
PLANNING APPROVAL BY: DATE:
COMMENTS:
ADMINISTRATIVE SERVICES
DATE APPLICATION RECEIVED:
DATE APPLICATION CIRCULATED:
0 BUILDING DEPARTMENT COMMENTS DATE:
0 FIRE SERVICES COMMENTS DATE:
El PUBLIC WORKS DEPARTMENT COMMENTS DATE:
El HEALTH UNIT COMMENTS DATE:
ADDITIONAL COMMENTS:
- e
IC
**+Municipal world'—Form 417 LICENCE Licence No.
*Beg 7'.M.in Canada,Municipal World Inc.
Mulucopy Form—PRESS FIRMLY
Name of Municipality
licensee
Address
THE ABOVE-NAMED PERSON IS HEREBY LICENSED, pursuant and subject to municipal authority conferred
under the. . . . Act, to carry on the
❑ Trade ❑ Calling ❑ Business U Occupation of:
II
❑ at the following location . . . . . . . . .
❑ within the limits of the municipality.
° THE LICENSEE SHALL observe all by-laws, rules and regulations, matters and things as are, or may be enacted by
the council of the municipality or its legally constituted police services board, as the case may be, as well as any other
applicable law.
Subject to revocation, this licence shall continue in force until . . . , . . . and no longer.
Issued at this . . day of . . , . .
Licence fee of$ . , . . . . . , received this . . . day of. . . . . .
(seal) •
The personal information on this licence forms part of a public record and will be used for the licensing and regulation records of the municipality.
For further information,please contact the Municipal Clerk or the Freedom of Information and Privacy Coordinator.
Y,T(19/ ( 6