BYLAW - Refreshment Vehicle - 20010130 - 426401PTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4264-01 :P
BEING A BY-LAW for
licensing, regulating and
governing vendors and
vehicles from which
refreshments are sold for
consumption by the
public.
WHEREAS the Municipal Act R.S.O. 1990 Chap. M45 (the "Act" as amended) authorizes
Council to enact by-laws for licensing, regulating and governing vehicles from which
refreshments are sold and for regulating retail sales from highways or vacant lots;
AND WHEREAS Council wishes to set in place a regulation mechanism in relation to
the sale of refreshments from motorized, self propelled and trailer styles of refreshment
vehicles, recognizing that refreshment sales from each class of refreshment vehicle and
certain sub-classifications of such vehicles perform a different function in the community;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora
ENACTS AS FOLLOWS:
Section 1 Definitions
1.1 "applicant" means a person applying for a licence under this By-law;
1.2 "By-law Enforcement Officer" means any person appointed by Council
as a By-law Enforcement Officer for the Town;
1.3 "Council" means the Council of the Corporation of the Town of Aurora.
1.4 "dairy and related products" means refrigerated milk or cream-based
products or refrigerated artificial substances including frozen flavoured
liquid wrapped and sold in individual packages;
1.5 "licence" means authorization under this By-law to carry on the activity
specified herein and "licence" includes a Refreshment Vendor's Licence
and three classifications of Refreshment Vehicle Licences specified
herein.
1.6 "Licensee" means any person licenced under this By-law;
1.7 "Licensing Officer" means a By-Law Enforcement Officer appointed by
the Town and shall include the Clerk of the Town or his designate;
1.8 "Medical Officer of Health" means the Medical Officer of Health of the
Regional Municipality of York;
1.9 "motorized refreshment vehicle" means any refreshment vehicle that is
powered by a motor.
1.10 "owner" includes a person who, alone or with others, owns or controls a
refreshment vehicle or directs the activities of a vendor of refreshments
and where one person is both owner and vendor he shall be required to
licence both the refreshment vehicle and the vending activity for the
purposes of this By-Law.
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1.11 "person" includes a natural individual, and their heirs, executors,
administrators or other legal representatives, a corporation, partnership or
other form of business association or a receiver or mortgagee in
possession;
1.12 "Sale" and "Sell" include an offer to sell;
1.13 "self propelled refreshment vehicle" means a refreshment vehicle that
is propelled by human muscular power and includes a bicycle and
"refreshment bicycle" shall have the same meaning as "self propelled
refreshment vehicle" for the purposes of this By-law.
1.14 "refreshment cart" means a conveyance or device, other than a
motorized refreshment vehicle or a self propelled refreshment vehicle,
which conveyance or device is used or is designed to be used in
connection with the transportation, storage or cooking of refreshments in
relation to the sale of refreshments to the public and "refreshment cart"
includes a "trailer'' as defined pursuant to the Highway Traffic Act, R. S. 0.
1990, c.H.8 (as amended).
1.15 "refreshment vehicle" means a vehicle which is used or is designated to
be used for the sale of refreshments and "refreshment vehicle" includes
a motorized refreshment vehicle, a refreshment bicycle and a refreshment
cart.
1.16 "refreshments" means food or drink;
1.17 "Town" means the geographic limits of the Corporation of the Town of
Aurora; and
1.18 "vendor" includes a person who sells or offers to sell refreshments from
a refreshment vehicle.
Section 2 Licence Requirement
2.1 (a) No person shall be an owner in respect of a refreshment vehicle within the
Town without making application for, obtaining and maintaining, pursuant
to the terms of this By-law, a Refreshment Vehicle Licence in relation to
each such refreshment vehicle.
(b) No person shall be a vendor in respect of the sale of refreshments from a
refreshment vehicle within the Town without making application for,
obtaining and maintaining, pursuant to the terms of this By-law, a
Refreshment Vendor's Licence authorizing him to carry on such trade,
calling business or occupation.
2.2 Notwithstanding the provisions of this By-law, authorized representatives of a
recognized non-profit charitable or religious organization may sell refreshments
and may own or operate refreshment vehicles without reference to the provisions
of this By-law provided such charitable entity does not sell refreshments or
operate a refreshment vehicle in Town parks without first obtaining a permit
therefor from the Director of Leisure Services of the Town.
Section 3 Nature of a Licence
3.1 No person shall enjoy a vested right in the continuance of a licence and the value
of a licence shall be the property of the Town and shall remain so irrespective of
the issue, renewal or revocation thereof.
3.2 The licences required by this By-law shall expire on April 30 1h of each year unless
they are sooner forfeited or revoked.
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3.3 No licence shall be transferred or assigned and if a person sells, leases or
otherwise disposes of his interest in a refreshment vehicle or in the trade, calling
business or occupation carried on from a refreshment vehicle his licence(s) shall,
notwithstanding any other provision of this By-law, be revoked.
3.4 No Licence shall be issued where the issuance thereof would result in the total
licences issued exceeding the maximum number provided for such classification
of license, pursuant to Schedule "A-1" of this By-law which Schedule is devised
in relation to the total population of the Town to devise a mechanism to fix an
appropriate maximum number of such licenses in relation to the impact of
refreshment sales activities on the Town.
3.5 Every holder of a Refreshment Vehicle Licence shall be issued a licence
certificate, a licence plate and a validation sticker in relation to each such licence.
3.6 Every holder of a Refreshment Vendor Licence shall be issued a licence
certificate and an identification badge in relation to such licence.
Section 4 APPLICATION FOR LICENCE AND REVOCATION OF LICENCE
4.1 Every applicant for a Refreshment Vendor's Licence shall appear in person before
a Licensing Officer and shall complete a Refreshment Vendor's Licence
Application and shall provide all information requested thereon, and shall furnish
to the Licensing Officer such information as the Council may direct.
4.2 Every applicant for a Refreshment Vendor's Licence, where such applicant is a
natural individual, shall have his or her photograph taken by the Licensing Officer.
4.3 Every applicant for a Refreshment Vehicle Licence shall complete a Refreshment
Vehicle Licence Application for each such vehicle completing such sections as.
are applicable in relation to vehicle classification, and shall provide each
refreshment vehicle to the Licensing Officer for inspection and shall furnish to the
Licensing Officer such information as the Council may direct.
4.4 At the time of submission of an application, every applicant shall pay to the Town
the fee set forth in Schedule "A-1" attached hereto and forming part of this By-
law, provided such fee shall not be reduced in the event that the period for which
the licence is granted is less than one year.
4.5 Receipt of the application and/or the licence fee by the Town shall not represent
approval ofthe application for the issuance of a licence nor shall it obligate the
Town to issue such licence.
4.6 Without limiting the generality of any other provision in this By-law, persons
associated in a partnership applying for a licence under this By-law shall file with
their application a statutory declaration, in writing, signed by all members of the
partnership, which declaration shall state:
(a)
(b)
(c)
(d)
the full name of every partner and the address of his ordinary
residence;
the name or names under which they carry on or intend to carry on
business;
that the persons therein named are the only members of the
partnership; and
the mailing address for the partnership.
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4.7 If any member of a partnership applying for a licence is a corporation, such
corporation shall be deemed to be applying for an owner's licence in place and
stead of the partnership.
4.8 Without limiting the generality of any other prov1s1on in this By-law, every
corporation applying for a licence shall file with the Licensing Officer, at the time
of making its application, a copy of it's articles of incorporation or other
incorporating document and shall file a statutory declaration, in writing signed by
an officer of the corporation, which declaration shall state:
(a) the full name of every shareholder and the address of his ordinary
residence;
(b) the name or names under which it carries on or intends to carry on
business;
(c) that the persons therein named are the only shareholders of the
corporation; and
(d) the mailing address for the corporation.
4.9 The Licensing Officer shall:
(a) receive and process all applications for licences and renewal of licences
to be issued under this By-law;
(b) coordinate the enforcement of this By-law;
(c) generally perform all the administrative functions conferred upon him by
this By-law;
(d) make or cause to be made a circulation respecting the application which
may include circulation of the licence application and inspection of certain
refreshment vehicles by the Medical Officer of Health and the Fire
Department for comments.
(e) make or cause to be made all investigations which he deems necessary
to determine whether an applicant has or will have or continues to meet
the requirements of this By-law and all applicable laws which investigation
shall include a review of CPIC in relation to applicants for a Refreshment
Vendor's Licence for the purpose of driving a motorized refreshment
vehicle.
(f) ensure that applicants are advised not to sell from within Town parks
except in accordance with the criteria set forth for such sales by the
Director of Leisure Services of the Town.
(g) ensure that all sales occurring on private land, where the vendor or the
vehicle remain in a fixed location for longer than five (5) minutes occur on
land zoned for commercial uses and occur with the advance written
permission of the owner.
(h) issue licences to persons who meet the requirements of this By-law or after
due consideration provide a report and recommendation to Council for its
disposition with respect to each application which does not meet the .
requirements of this By-law;
(i) upon receipt of Council's disposition with respect to each application for
which a report and recommendation was made to Council pursuant to this
By-law, execute and issue all licences as directed by Council or refuse to
issue a licence as directed by Council or revoke a licence as directed by
Council;
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U) where a licence has been issued pursuant to this By-law and otherwise
remains in full force and effect, renew the licences of persons who meet
the requirements of this By-law or, after due consideration, provide a
report and recommendation to Council for its disposition with respect to
each application for renewal that does not meet the requirements of this
By-law and after receiving Council's disposition with respect to such
licence, renew the licence as directed by Council or revoke the licence as
directed by Council.
4.1 0 When an application for licence is made in accordance with the provisions of this
By-law and the applicant meets all the requirements of this By-law or as otherwise
directed by Council, the Licensing Officer shall issue a licence certificate which
shall set out the expiry date of the licence in accordance with this By-law and the
applicant shall thereby be licenced.
4.11 Upon review of a licence application, including an application for renewal, the
Licensing Officer shall prepare a Clerk's Report and seek Council's direction with
respect to the issuance or renewal of a licence where:
(a) The past or current conduct of the applicant or licence holder affords
reasonable grounds for belief that he will not carry on the trade, calling,
business or occupation in respect of the vending of refreshments from a
refreshment vehicle in accordance with law and with integrity and honesty;
or
(b) there are reasonable grounds for belief that the applicant has committed
a breach of this By-law or any other applicable law, including the Criminal
Code, the Liquor Licence Act or the Highway Traffic Act.
(c) there are reasonable grounds for belief that the refreshment vehicle in
respect of which the licence is required does not comply with the
provisions of this By-law or any other applicable law; or
(d) the conduct of the applicant or licence holder or other related
circumstances afford reasonable grounds for the belief that the ownership
of a refreshment vehicle or the sale of refreshments from a refreshment
vehicle by the applicant would infringe the rights, or endanger the health
or safety of other members of the public.
4.12 The Licensing Officer may suspend a licence where there is reason to believe that
a breach of this By-law has occurred or for any of the reasons that would form the
basis of a Clerk's Report to seek Council's direction with respect to the issuance
or renewal of a licence. Such suspension shall take effect upon service of written
notice thereof to the licensee and the licence shall remain suspended for no more
than fifteen days from the date of service of this notice. In order to continue this
suspension beyond the fifteen day period, the Licensing Officer must prepare a
Clerk's Report and receive Council's direction in this regard.
4.13 At any meeting of Council called in relation to a Clerk's Report to consider the
issuance, renewal or revocation of a licence, the applicant shall be accorded its
rights pursuant to the Statutory Powers Procedures Act including the right to
appear and speak to the matter.
4.14 Any licence that has not been renewed as of April 30th in the year of its issuance
or renewal shall expire on May 1st in the year following its issuance or renewal.
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Section 5 Change of Status
5.1 Where there is to be any change in any of the particulars relating to a Licensee,
which particulars are required to be filed with the Town on applying for a licence
under this By-law, such Licensee shall report the change to the Town within
seven (7) days of the change.
5.2 (a) Where a Licensee is a partnership and there is to be a change in the
composition of the partnership, the Licensee shall obtain the approval of
the Town to such change prior thereto, failing which, the licence may be
revoked, provided, where there has been a transfer of a majority or
controlling interest in the partnership since the licence was issued, either
by one transaction or a number thereof and regardless of whether any
such prior transfer was with or without the approval of the Town, the
licence shall be automatically revoked.
(b) Where a Licensee is a corporation and there is to be a change in the
composition of the shareholders, such Licensee shall obtain the approval
of the Town to such change prior thereto, failing which, the licence may be
revoked, and where the transfer results in a new person or persons
acquiring a controlling interest in the corporation since the licence was
issued, either by one transaction or a number thereof and regardless of
whether any such prior transfer was with or without the approval of the
Town, the licence shall be automatically revoked.
5.3 Where a licensee replaces a vehicle or cart, he/she shall provide the
Licensing Officer with all required documentation and the applicable fee
as prescribed in Schedule "A"
Section 6 Regulations Respecting Motorized Refreshment Vehicles
6.1 No person shall own or permit the operation of a motorized refreshment vehicle:
(a) without maintaining at all times on the refreshment vehicle a current permit
and licence plates for that vehicle issued pursuant to the Highway Traffic
Act and a drivers licence and proof of insurance in relation to the conduct
of said vehicle;
(b) unless such vehicle meets the standards required for approval under a
Ministry of Transportation of Ontario Vehicle Inspection or that meets the
standards for a Safety Standards Certificate issued under the Highway
Traffic Act; and
(c) without reporting to the Licensing Officer all accidents involving such
refreshment vehicle which at law involve the attention or attendance of a
police officers within 72 hours each accident and, if so requested,
providing such vehicle to the Licensing Officer for inspection;
(d) without installing and maintaining a back-up safety signalling device on the
vehicle.
6.2 (a) No person shall own or permit the operation of a motorized refreshment
vehicle that sells or offers for sale any products other than dairy and
related products:
(i) in any area that is zoned for residential land uses within the
meaning of Town of Aurora Zoning By-Law 2213-78 (as amended
or successive legislation thereto) or from any street abutting such
a residential area; or
(ii) from any public highway;
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(b) Notwithstanding the provisions of this subsection, a motorized refreshment
vehicle may sell products other than dairy and related products from
private residential land, provided there is a dwelling under construction on
such lands and provided the refreshment vehicle does not remain in one
place for longer than five minutes.
Section 7 Regulations Applicable to Refreshment Bicycles and to Refreshment
Carts
7.1 No person may own or operate a refreshment bicycle or refreshment cart that:
(a) has a length in excess 2 metres or a width in excess of 1.04 metres or
a height in excess of 1.49 metres with the exception of a refreshment
bicycle or refreshment cart that sells refreshments from Town parks, which
vehicles may not have a length in excess of 5 metres or a width in excess
of 3 metres or a length in excess of 3.5 metres;
(b) is affixed or is designed to be affixed to any external source of electricity
or propane; or
(c) is operated or is designed to be operated in conjunction with seating units
provided by the vendor or the owner of such refreshment vehicle for use
by purchasers of refreshments;
7.2 With the exception of refreshment bicycles selling only dairy and related products,
no refreshment bicycles or refreshment carts may sell from public highways in the
Town.
7.3 No person may own or operate a refreshment cart that is a "trailer" within the
meaning of the Highway Traffic Act unless such vehicle is road worthy and meets
the standards required for approval under a Ministry of Transportation of Ontario
Vehicle Inspection or that meets the standards for a Safety Standards Certificate
issued under the. Highway Traffic Act;
Section 8 General Regulations Applicable to All Refreshment Vehicles
8.1 No person may sell refreshments or own or permit the operation of a refreshment
vehicle except in accordance with the provisions of this By-law and all other
applicable By-laws of Council or Federal or Provincial legislation.
8.2 No person shall sell refreshments from or own or operate a refreshment
vehicleonprivately owned land for a period of time that is longer than five (5)
minutes unless such land is zoned for "commercial" uses within the meaning of
the Town of Aurora Zoning By-law 2213-78 (as amended) and such person has
provided to the Licensing Officers in advance permission in writing from the
registered owner of such lands.
8.3 No person may sell refreshments from or own or operate a refreshment vehicle
at a single location for longer than fifteen ( 15) minutes within 10 metres of any
highway in the Town.
8.4 No person may sell refreshments from or own or operate a refreshment vehicle
from vacant land in the Town.
8.5 No person may sell or offer for sale any refreshments from any refreshment
vehicle or own or operate any refreshment vehicle on the public highways or any
part thereof except in accordance with the provisions of the Highway Traffic Act.
8.6 No person may sell refreshments from or own or operate any refreshment vehicle
on property owned by the Corporation of the Town of Aurora that is not a public
highway except with advance written permission of the Director of Leisure
Services of the Town.
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8. 7 No person may sell refreshments or own or operate a refreshment vehicle except
between the hours of sunrise of any day and 11 :00 p.m. of the same day unless
a later time is specified on the Licence in relation to a specified event.
Notwithstanding the foregoing, no person may sell or own or operate a
refreshment vehicle on the highway adjacent to land zoned for residential uses
later than 9:00 p.m. in the evening.
8.8 No owner of a refreshment vehicle may permit any person to sell refreshments
from any refreshment vehicle owned by him unless such person is licenced
pursuant to this By-law.
8.9 No person shall sell refreshments while:
(a) under the influence or having consumed or having in his possession any
alcohol, drugs, (other than drugs prescribed by a duly qualified medical
practitioner and which do not and may not impair his ability to operate the
vehicle) or other intoxicants.
(b) buying or selling or acting as an agent of a person in buying or selling
alcohol, drugs or intoxicants or giving information as to where illicit
intoxicants or drugs may be obtained;
8.10 Every vendor of refreshments shall deal in a civil and courteous manner with the
public.
8.11 Every vendor of refreshments shall provide to Licensing Officer, upon request a
certificate prepared by a duly qualified medical practitioner attesting as to the fact
that the said vendor is free from all contagious diseases.
8.12 No person may sell refreshments without wearing in a prominent location upon
his person the identification badge issued pursuant to this By-law.
8.13 Every vendor of refreshments shall, upon the request of the Licensing officer or
the police produce his identification badge and licence certificate issued pursuant
to this By-law.
8.14 No person shall sell or handle refreshments without wearing clean clothes and
maintaining clean hands at all times.
8.15 No person shall own or permit the operation of a refreshment vehicle except in
accordance with the following regulations:
(a) Refreshment vehicles which dispense hot refreshments shall be equipped
to maintain such refreshments at a temperature approved by the Medical
Officer of Health;
(b) Adequate refrigeration as determined by the Medical Officer of Health shall
be equipped and maintained in each refreshment vehicle for perishable
refreshments which shall be kept so refrigerated;
(c) The date of preparation shall be clearly and legibly marked on or affixed
to the wrapper of each prepared non-liquid refreshment, including but not
limited to sandwiches, hamburgers and hot dogs and refreshments shall
only be wrapped and sold in individual packages;
(d) The body, doors and windows of each refreshment vehicle shall be of
sufficiently sound construction to protect the refreshments against the
intrusion of dust, dirt, flies and other injurious matter or things;
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(e) The floor of such refreshment vehicle shall be of a suitable impervious
material, free of holes, cracks or crevices, and the surface thereof shall be
readily washable and shall be kept clean and in good condition;
(f) The refreshment vehicle and all parts and equipment thereof for use in the
dispensing of refreshments shall at all times be kept in a clean and
sanitary condition and in good repair;
(g) Every refreshment vehicle shall be equipped with a refuse container with
a self closing lid, which shall be kept in a clean and sanitary condition and
emptied at least once daily and such container shall be used for the
disposal of all refuse.
(h) Every refuse container shall be located in such a position on the
refreshment vehicle so as to be easily accessible by persons making
purchases while the refreshment vehicle is stopped;
(i) Milk, cream, sugar and all condiments shall be in single service containers
only;and
G) Only disposable forks, knives, spoons, cups, plates and serviettes shall be
used;
(k) Every refreshment vehicle and the equipment thereon that is used in
connection with the sale of hot refreshments shall be approved by the Fire
Department in relation to standards which shall meet or exceed the
standards of the National Fire Protection Association respecting vehicles
and equipment used for such purpose.
8.16 No person may own or permit the operation of a refreshment vehicle without
having clearly and legibly painted or posted on both sides of the vehicle the name
of the owner, which is endorsed upon the Refreshment Vehicle Licence and
without affixing to such vehicle in a location approved by the Licensing Officer a
licence plate, together with a validation sticker issued in connection within By-law.
8.17 No person shall own or permit the operation of any refreshment vehicle in a
manner that is contrary to the Town of Aurora Noise By-Law No. 3809-97.P.
8.18 No person shall own or permit the operation of a refreshment vehicle without
permitting the Licensing Officer or a police officer to inspect such refreshment
vehicle to ensure that the provisions of this By-law have been and are being
complied with.
8.19 No person shall own or permit the operation of a refreshment vehicle without
providing to the Licensing officer or the police upon request all documentation
issued in relation to such vehicle by the Town pursuant to this By-Law.
8.20 No person shall stop for the sale of refreshments within 60 metres of a school or
public park.
PART IV-ENFORCEMENT
Section 9 Offence and Penalty
9.1 Any person who contravenes the provisions of this By-law, including every person
who fails to perform a duty imposed herein or who performs an act prohibited
herein and every director or officer of a corporation or member of a partnership
who concurs in such a contravention is guilty of an offence and, upon conviction
pursuant to the provisions of the Provincial Offences Act (as amended), is liable
to the maximum fine therein. Without limiting the generality of the foregoing, said
fine shall not be less than three hundred ($300.00) dollars.
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10. This By-law may be cited as the "Refreshment Sales By-law" and Schedule "A"
attached hereto form part of this By-Law.
11. By-Law Number 3624-95.P is hereby repealed.
12. The provisions of this By-law shall come into force and effect upon third reading
thereof.
READ A FIRST, SECOND AND THIRD TIME THIS 30TH DAY OF JANUARY, 2001.
B. PANIZZA, TOWN CLERK
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SCHEDULE "A·1 and A-2" TO BY-LAW NO. 4264-01.P
Motorized Refreshment Vehicle
Vendor
Replacement of Vehicle
Refreshment Cart
Vendor
Replacement of Cart
Refreshment Bicycle (Dairy)
(Non Dairy)
Replacement of Bicycle
Vendor
Other Fees:
Photo I.D. replacement
License replacement
Owner's plate replacement
Late renewal of licence
TOWN OF AURORA
FEES
SCHEDULE "A"
$265.00
$ 35.00
$ 100.00
$265.00
$ 35.00
$100.00
$75.00
$75.00
$25.00
$ 15.00
$ 5.00
$ 5.00
$30.00
$25.00
SCHEDULE "A-2"
PERMITTED NUMBER OF VEHICLES
Motorized Refreshment Vehicle 20
Refreshment Cart 10
Refreshment Bicycle 10
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