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HomeMy WebLinkAbout91-95 , ''-~ ". t~. !" "~ ~ BY-LAW 91-95 AMENDEO BY I (p 1 BY.LAW,:12.:..... . REPEALED BY \..":;} I 1 + BY-LAW n.i2!-?rr.;tel .--.r THE CORPROATION OF THE TOWN OF NEWCASTLE A By-law to regulate and licence refreshment vehicles within the Town of Newcastle and to repeal By-law #79-144, as amended. WHEREAS the Municipal Act, R.S.O. 1980, CHAPTER 302, Section 232 sub-section 11, provides a Municipal Council with the authority to licence, regulate and govern vehicles from which refreshments are sold for consumption by the public, and for revoking any such licence; AND WHEREAS By-law 79-144 is considered deficient and should be repealed and replaced by a new licencing by-law to licence, regulate and govern the operation of various types of refreshment vehicles within the Town of Newcastle: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: DEFINmONS 1. In this By-law: (a) cook shall mean to prepare food for eating by the action of heat and cooking shall have the corresponding meaning; (b) highway shall have the same meaning as defined in the Highway Traffic Act; (c) licence shall mean a municipally issued permit to operate a business ; (d) mobile refreshment vehicle shall mean a vehicle designed and intended to move from one location to another on a regular basis and does not include facilities for cooking; (e) park shall mean a municipally owned area of land which is operated as a park for the general public; (n plate sball mean a metal plate issued by the Town and bearing an identifying number on it; (g) refreshment shall include any form of food or drink. fit for human consumption; (h) refreshment cart shall mean any non-motorized vehicle used exclusively for the sale of prepackaged foods and does not include facilities for cooking; (i) stationary refreshment vehicle shall mean a vehicle which may contain cooking facilities and is intended to be operated form one location only; (j) vehicle shall have the same meaning as dermed in the Highway Traffic Act; GENERAL 2. No person shall own or operate a vehicle from which refreshments are sold for consumption by the public without first having obtained a licence from the Town. 3. Application for a Refreshment Vehicle Licence or any renewal thereof shall be completed by the applicant and forwarded with the prescribed fee and all required inspections to the By-law Enforcement Division for approval. 4. Every person obtaining a licence under this By-law shall, upon request of a Police Officer, Municipal Law Enforcement Officer or Health Inspector, produce the said licence for inspection. 5. Every vehicle licenced to operate as a refreshment vehicle shall, unless otherwise stipulated in this By-law, be issued a plate by the Town, such plate shall be affIXed to the rear of the vehicle and clearly visible at all times. 6. The annual fee payable for a Refreshment Vehicle Licence shall be $200.00 for the first vehicle and $100,00 for each subsequent vehicle and there sball be no fee charged for any transfer of a licence prior to the expiry date and all licences issued under this by-law shall be specific to the holder thereof and shall not be transferred except with the consent, in writing, of the By- law Enforcement Division which sball be bound to give such consent subject to any instructions of Council to the contrary. 7. A licence issued under the authority of this by-law sball expire on the last day of February of '" '.,.. . " iiit ( , ',. ""f. " ... "- .. ., each calendar year. -' Unless otherwise specified in this By-law the vehicle shall not be used to conduct business while parked on any portion of a highway. 9. No vehicle shall be used to conduct business within 60 meters of the boundary line of any park or within 60 meters of the properly on which an eating establishment is located, 8. 10. The vehicle shall be kept in a clean and sanitary condition at all times. 11. All food and beverages sold from the vehicle shall comply with all health and sanitary regulations applicable thereto. 12, The vehicle shall comply with all municipal, and fIre regulations. 13. The vehicle shall comply with all parking and traffic regulations, STATIONARY REFRESHMENT VEmCLES 14. All stationary refreshment vehicles shall require an inspection and approval from the Fire Department and the Regional Health Department prior to the issuance of any licence, 15. No stationary refreshment vehicle shall operate on any land in the Town unless such use is permitted by the Zoning By-law of the Town. 16. An applicant for a licence for a stationary refreshment vehicle shall provide to the Town a letter of petmission signed by the owner of the property on which the applicant proposes to operate. 17. The applicant shall provide to the Town a site plan of the property illustrating the proposed location of the vehicle and parking facilities for the business, said plan shall be reviewed by the Planning Department to insure compliance with Zoning requirements. 18. The licence, once issued, shall 'be site specific and shall be null and void if the vehicle is relocated to another property. 19. Where a licence holder wishes to relocate he must first follow the same procedure as for a new applicant save and except that another Fire and Health inspection will not be required. MOBlLE REFRESHMENT VEHICLES 20. All mobile refreshment vehicles shall require an inspection and approval from the Fire Department and the Regional Health Department prior to the issuance of any licence. 21. Where the applicant for a mobile refreshment licence is a company which owns more than one vehicle, each vehicle that is to be used shall be inspected and plated separately. 22. Notwithstanding section 8 of this by-law, 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. REFRESHMENT CARTS 23, All refreshment carts shall require an inspection and approval from the Regional Health Department prior to the issuance of any licence. 24. Where the applicant for a refreshment cart is a company which owns more than one vehicle, the licence will stipulate the total number of vehicles to be used and each vehicle used shall display the plate on the front in a prominent position. 25. Notwithstanding section 6 of this by-law, where the applicant for a refreshment cart is a company which owns more than one vehicle, the annual licence fee shall be $200.00 regardless of the number of vehicles operated. 26. Notwithstanding Section 8 of this by-law; a refreshment cart may, in the course of its rounds, operate on a portion of the highway where it would be impractical to do otherwise but all sales shall be conducted off the travelled portion of the highway. 27. A refreshment cart shall be exempt from the distance limitations as set out in section 9 but shall not operate within a park save and except under the authority of a permit issued by the Town of Newcastle. 28. A refreshment cart shall sell only prepackaged food and drink:, and there shall be no cooking or other food preparation. :-r . .'~ ~_""o!.>.~-" <. . ~ , , to . ~ . " . PENALTY 29. Council may revoke any licence issued under the authority of this by-law where such power to revoke may, pursuant to the provisions of the Municipal Act, or any other Act, be exercised by the Council of the municipality, but before any licence is revoked, the holder of the licence sball be given at least seven days notice mailed or delivered to the address given in his application, and shall be permitted to appear before Council to show cause why he believes such licence should not be revoked. 30. Any person who contravenes the provisions of this by-law is guilty of an offence. 31. By-laws 79-144 and its amendments 83-157 and 91-77 are hereby repealed. 32. Should any section, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same sball not effect the validity of this By-law as a whole or any part thereof, other than the part 80 declared to be invalid. 33. This by-law shall come into full force and effect immediately on the day of final passing by Council. BY- LAW read a fll'8t time this 24 day of June 1991. BY-LAW read a second time this 24 day of June 1991. BY-LAW read a third time and finally passed this 24 day of June 1991.