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HomeMy WebLinkAboutPD-141-91 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: General Purpose and Administration Committee File # (2 L2 2K ' p Date: June 17, 1991 Fees. # By-Law# Report#: PD-141-91 File#: Subject: REFRESHMENT VEHICLE LICENCE BY-LAW AMENDMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-141-91 be received; 2 . THAT the Refreshment Vehicle Licence By-law 79-144 as amended by By-laws 83-157 and 91-77 be repealed and the attached By-law be enacted to replace it; 3 . THAT a copy of the By-law be forwarded to Mr. Tube Steak, Ms. Crystal Huxter and to all operators of the various types of refreshment vehicles; 1. BACKGROUND 1 . 1 On March 26, 1990, Council referred to Staff to investigate and report on a request by Mr. Tube Steak for licensing of a vending style food push-cart. 1.2 In May 1990, Council directed the Senior Municipal Law Enforcement Officer to issue an operating license to Dickie Dee Ice Cream Ltd. to operate within the Town of Newcastle. Recently another similar request for a license has been brought to Council's attention by Crystal Huxter. 1. 3 The current Refreshment Vehicle License By-law has been found to be antiquated and in need of updating. Staff therefore proposed a new licensing By-law and at the same time addressing the outstanding requests . 2. COMMENTS 2 . 1 Refreshment Vehicles generally belong to one of the three categories, stationary refreshment vehicles (i.e. chip trucks) , mobile refreshment vehicles (i.e. catering trucks) , and refreshment carts (this group includes ice cream bikes and other similar PAPE «Y EE �_ 11115 IS PD DlEO Ott RECYCIEO PAPER REPORT NO. : pp-141 -q1 PAGE 2 vehicles selling pre-packaged, often frozen foods for immediate consumption) . 2 .2 The licencing requirements of By-law 79-144 address only the first category. These vehicles cook and prepare the food on site. In addition to the present requirements for this category, the amending by-law will require that the applicant submit a site plan of the proposed location in order to determine whether or not there will be sufficient space to locate the vehicle and the provision of parking without interfering with the principal use of the site. 2 . 3 The second category of mobile refreshment vehicles within the Town have greatly increased in recent years . Like the stationary trucks, these vehicles will require both Fire and Health Department inspection and approval. By their nature these vehicles would be transitory and therefore not required to submit a site plan. 2 .4 The third category applies to refreshment carts which generally work in the subdivisions or at special events . They are non- motorized, designed and intended to be mobile. These vehicles deal strictly with pre-packaged foods and are not permitted to do cooking or prepare food. They will therefore not require a Fire Department inspection. 2 .5 Once a licence is issued there is a metal plate which is also issued and is required to be attached to the rear of the vehicle. Where the licence is issued to a company having more than one stationary or mobile vehicle, a separate plate shall be issued to each vehicle. Where the licence holder is a company having more than one refreshment cart, one plate will be issued to the company and this number will be placed on the front of each vehicle in a clearly visible position. The annual licensing fee of $200 . 00 remains unchanged. 2 . 6 Mr. Tube Steak's request related to selling of hot dogs by push- cart. Since it involves food preparation it would not be permitted under the proposed By-law. Ms . Crystal Huxter's request involves selling of pre-packaged frozen yogurt, it would be permitted, and the same applies to Dickie Dee Ice Cream Ltd. 3. SUMMARY 3. 1 Staff believe that the proposed by-law provides for a more manageable approach to regulating refreshment vehicles and recommends that the attached by-law be approved. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc Kotseff, M.C. I.P. Director of Planning Chief A inistrative and Development Officer LC*FW*fih is BY-LAW A BY-LAW REGARDING THE REGULATING AND LICENCING OF REFRESHMENT VEHICLES WITHIN THE TOWN OF NEWCASTLE 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 liceneing by-law to licence,regulate and govern the operation of various types of refreshment vehicles within the Town of Newcastle: My NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: DEFINITIONS 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; (f) plate shall mean a metal plate issued by the Town and bearing an identifying number on it; (gi 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 defined in the Highway Traffic Act; GENERAL 1 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. 6. 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 shall be no fee charged for any transfer of a licence prior to the expiry date and all licences issued under this by-law for any 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 shall 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 shall expire on the last day of February of each calendar year. 9 Q 8. Unless otherwise specified in this By-law the vehicle shall not be used to conduct business while parked on any portion of a highway. 91 No 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. 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. 18, The vehicle shall comply with till parking tired traffic regulations, STATIONARY REFRESHMENT VEHICLES 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. 16. 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 permission 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. MOBILE 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, 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. 26. 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. v 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 shall 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. 90. 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 shall not effect the validity of this By-law as a whole or any part thereof,other than the part so 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 first time this day of 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK >1 =? j ,� 1 1) 1