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HomeMy WebLinkAbout79-144 ..1:',"'- " ., . . . . J i'O' ,. . AMENDED B,! AMENDED BY BY-LAW #~.2:1.:>'lBY.LAW #3.L:~.7J. REPEALED BY c ol-qJ BY-LAW #;4........... CORPORATION OF THE TOWN OF NEWCASTLE By-law No.79-144 Whereas, Section 383, subsection (11) of The Municipal Act, R.S.O. 1970, Chapter 284 and amendments thereto, permits the Council of a Municipality to pass a by-law for licensing, regulating and governing vehicles from which refreshments are sold; AND WHEREAS, it is desirable to licence, regulate and govern refreshment vehicles; NOW THEREFORE, be it enacted as a by-law of the Corporation of the Town of Newcastle by the Council thereof as follows: 1. No persons shall own or operate a vehicle from which refreshments are sold for comsumption by the public without having first obtained a license from the Corporation to do so, which licence shall be called a Refreshment Vehicle License. 2. Application for a Refreshment Vehicle license shall be comp1eJ~~ by the applicant on the application form f,lttachedhereto as Scb.eti~~I~~i}P' enclosing the fee prescribed by this by-law and forwarding the same to the By-law Enforcement Officer. 3.a) No license shall be issued pursuant to this by-law in respect of a refreshment vehicle until the vehicle has been inspected and approved by the Durham Regional Health Unit and further inspected by the Town of Newcastle Fire Department and a certificate of approval has been issued from both. b) If the certificates referred to in subsection (a) contain no recommendation adverse to a license being issued to the applicant, then the By-law Enforcement Officer may thereupon issue the license. c) Any person licensed hereunder shall be entitled to a renewal of such license on payment of the annual fee for such license as set out in this by-law, provided however that the facts and conditions relating thereto are the same as when the original license was issued. All applications for renewal of license shall be submitted to the By-law Enforcement Officer not later than the last day of February in the year following the year for which the applicant's most recent license was issued. All applications received after the last day of February in any year shall be treated as applications for new licenses and not renewals and dealt with accordingly. 4. Every person obtaining a license under this by-law shall keep the licence posted up in a conspicuous place within the vehicle and when requested by a police officer or any person authorized by council shall produce such license for inspection. 5. The fee payable for a refreshment vehicle license shall be $200.00 for the first vehicle licensed and $100.00 for each subsequent vehicle and there shall be no fee charged for any transfer of a license prior to th~ expire date and all licenses issued under this by-law shall be per~onal to the holder thereof and shall not be transferred except with the\consent in writing of the By-law Enforcement Officer who shall not .' . .- . . . .1 (2) be bound to give such consent subject to any instructions of the Council to the contrary. 6. The license shall be valid for a period of (1) one year and unless previously revoked or forfeited shall in each case expire on the last day of February or on the sale or transfer of ownership of the vehicle licensed under this By-law. 7. Every owner or operator of a Refreshment Vehicle shall comply with the following regulations. a) The vehicle shall not be used to conduct business while parked on the travelled portion of any highway, street or laneway or while parked on a boulevard. b) The vehicle shall not be used to conduct business within 60 meters of the boundary line of any park or within 60 meters of the property on which an eating establishment is located. c) The vehicle shall be kept in a clean and sanitary condition at all times. d) All foods and beverages dispensed from the vehicle shall comply with all health and sanitary regulations applicable thereto. e) The vehicle shall comply with all municipal and fire regulations. f) No business shall be conducted from the vehicle on any land in the Town of Newcastle unless such use is permitted by the zoning by-law or by-laws in force from time to time in the Town. g) The vehicle shall comply with all parking or traffic regulations applicable to such vehicles. 8. Council may revoke any license issued under this by-law where such power to revoke may, pursuant to the Municipal Act, or any other Act, be exercised by the Council of the municipality, but before any license is revoked, the holder thereof shall be given at least seven days notice mailed or delivered to his last address known to the Council, and shall be permitted either by himself or by his representative to appear before the Council to show cause why he believes such license should not be revoked. 9. Any person convicted of any breach of this By-law shall be guilty of an offence and liable upon conviction to a penalty of not less than $100.00 an~more than $1,000.00 exclusive of costs for each offence. not 10. The provisions of this By-law shall take effect on the 1st day of January 1980. r (3) . 11. All licensing by-laws of the former Townships of Darlington and Clarke, the former Town of Bowmanville, and the former Village of Newcastle as well as by-law #76-18 of the Town of Newcastle and any other licensing by-law inconsistant with the provisions of this by-law are hereby repealed. By-law read a first time this ...)rQ. day of .....~~c~~~~r.........1979. By-law read a second time this .)!Q.. day of .....~~c~~~~r.........1979. By-law read a third time and finally passed on the .......3ro.... day of . ...Q~~~~9~r..........1979. SEA L ? _M~ Mayor, G.B. Rickard . -"'-....--- ~ . .. _.~ .. " .. . TUWN UF NEWCASTLE SCHEDULE 'A' To By-law No. 79- 144 APPLICATION FOR REFRESHMENT VEHICLE LICENCE DECLARATION I, of Phone No. do hereby make application for a LICENCE to OPERATE A REFRESHMENT VEHICLE at and I hereby declare that I shall duly observe all such by-laws, rules and regulations, matters and things as are or may be enacted by the Council of the Town of Newcastle if such licence is granted. New Application Renewal Transfer Previous Owner Address Licence No. DESCRIPTION OF VEHICLE Make and Year Trade Name Licence No. Colour DESCRIPTION OF OPERATION Type of Refreshments to be sold from Vehicle '" t 'I " ~ " , .... . . , J ('. fP . . 2 Is food to be prepilrvd In V('hil'l('? Are beverages to be prepared in Vehicle? DECLARED before me at the ) ) IN THE REGION OF ) ) day of ) ) A. D., 19 ) of this Signature of Applicant (Commissioner, etc.) ~-------------- ------------------------ FOR OFFICE USE ONLY Received hy D:tt(. Renewal New Application Approved by Fire Chief Approved by Durham Regional Health Unit Approved by Council Licence Fee Received Date Licence Issued by Date Transfer