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By-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