HomeMy WebLinkAboutCLD-002-15 Claringtoll
Clerk's
Report
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Report To: General Purpose and Administration Committee
Date of Meeting: February 2, 2015
Report Number: CLD-002-15 Resolution Number: G,P - ( , -
File Number: By-law Number:
Report Subject: Refreshment Vehicles/Municipal Peddlers Permits
Recommendations:
1. That Report CLD-002-15 be received;
2. That Clarington Refreshment Vehicle By-law 2004-114, be repealed and the By-law
included as Attachment 1 to Report CLD-002-15, be approved;
3. That the amendments to the Clarington Municipal Peddlers By-law 2005-206, proposed in
the By-law as Attachment 2 to Report CLD-002-15, be approved;
4. That Council provide direction regarding zoning refinements for refreshment vehicles as
detailed in Section 3.3 of Report CLD-002-15; and
5. That all interested parties listed in Report CLD-002-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report CLD-002-15 Page 2
Report Overview
In response to recent trends in the food industry and, in particular, their participation in
community events, Staff have reviewed the existing Refreshment Vehicle By-law and are
recommending changes to better serve the vendors and the public at large.
Concurrent with these changes Staff are proposing amendments to the Municipal Peddlers
By-law to reflect current trends in the Province.
1 . Background
In 2013, the City of Toronto amended their Refreshment Vehicle Licencing requirements
to ease some of the restrictions on food vendors in special events. Coincidental to this,
Clarington Staff began reviewing the Clarington Refreshment Vehicle By-law to
compare it to those from other municipalities.
In conjunction with this review, Staff assessed the Municipal Peddler By-law for its
currency with regards to the practices of other municipalities.
Over the last couple of years there has been a growth of interest in food trucks and
competition between various vendors. Fuelled by several television programs, this
phenomenon has resulted in organized groups of vehicles going to various communities
for very short periods and competing for customers.
Further proof that this trend is not a passing fad, can be seen in the fact that staff
recently attended a one day seminar, hosted by the Ontario Culinary Tourism
Association. The OCTA is heavily involved in promoting the use of food trucks to
increase a municipality's tourism appeal, and has partnered with the Economic
Development Council of Ontario to move this idea forward. In order to develop this
concept Staff has undertaken a review of the entire Refreshment Vehicle By-law.
The making and selling of hand-crafted items has long been a strong part of local fairs,
craft shows and other special events. Events such as the One of a Kind Craft Show in
Toronto and the Hand of Man Show in Peterborough are good examples of the potential
scale of the industry.
In March of 2014, Clarington Council enacted Special Events By-laws 2014-020, to
regulate events on private property, and 2014-021, to regulate events occurring on
municipal roadways.
While these events are entertaining for customers and attractive venues for the BIAs,
they present logistical concerns for municipalities.
This Report will review both the Peddlers and the Refreshment Vehicle By-laws
separately.
Municipality of Clarington
Report CLD-002-15 Page 3
2. Refreshment Vehicles — Existing Regulations
2.1. Current Definitions
Clarington's Refreshment Vehicle By-law (2004-114) was passed in 2004. The by-law
was required in order to provide for the health and safety of the consumer public and
control of potential nuisances resulting from the location of the vehicle. By-law 2004-
114, defined refreshment vehicles as falling into three categories. These are:
• "Mobile Refreshment Vehicle" - a vehicle designed and intended to move from
one location to another on a regular basis and may include facilities for cooking.
(Commonly referred to as coffee trucks, hot dog vendors, etc.)
• "Refreshment Cart" - any non-motorized vehicle used exclusively for the sale of
pre-packaged foods and does not include facilities for cooking. (The usual
image is the ice cream cart or bicycle, may also include a cart or trailer pulled
around and selling pre-made coffee); and
• "Stationary Refreshment Vehicle" shall mean a vehicle which may contain
cooking facilities and is intended to be operated from one location only. (This is
the french fry truck, hot dog trailer or cart if operated from a single location, or
pizza wagon.)
The by-law does not regulate free standing booths or similar establishments. A tent or
awning covering a barbecue at a street sale or festival is not a refreshment vehicle. It
is not covered under the provisions of the By-law. Freestanding food booths or tents
are inspected by the Durham Region Health Department.
2.2. Insurance and Other Criteria
Among the requirements for an annual licence, the owner must provide liability
insurance in the amount of$2,000,000. This policy must also name the Municipality of
Clarington as a third party co-insured. All cooking and food storage systems must be
inspected and approved by the Regional Health Department. The fire suppression
systems are inspected by the Fire and Emergency Services inspectors. The fuel
delivery system must be approved by the Technical Safety Standards Authority
(TSSA). Proof of current approval from each agency must be submitted prior to the
vehicle being licensed to operate within the Municipality of Clarington.
Municipality of Clarington
Report CLD-002-15 Page 4
2.3. Fees
Based on a cost recovery model for licencing, the current fees for the licence are as
follows:
TYPE Single Vehicle Second Vehicle Each Additional
Stationary $ 200.00 $ 100.00 $ 100.00
Mobile $ 200.00 $ 100.00 $ 100.00
Cart $ 200.00 N/A N/A
Relocation $ 50.00 N/A N/A
Additionally, fees may also be charged for any necessary inspections by the Clarington
Fire and Emergency Services, the Technical Standards and Safety Authority, and the
Regional Health Department.
2.4. Location and Setbacks
Stationary Refreshment Vehicles may only operate on land which is zoned to allow
eating establishments as an accessory use and must be a minimum of 60 metres away
from any other eating establishment or any playground equipment located in any park.
The vendor cannot operate within any park without prior written consent of the Director
of Community Services, in accordance with the Municipal Parks By-law.
Mobile Refreshment Vehicles may operate on a road allowance as part of their rounds,
where it is impractical to do otherwise.
These setbacks were implemented to provide for safety, as well as to promote fair
competition. The need for some form of setback was highlighted in 2014 when a food
vehicle explosion and fire killed 2 people and injured 13 others in the United States.
Notwithstanding these provisions, Council approved an exception to the separation
requirements for a particular operator in Bowmanville in 2014 to allow a second vehicle
within 60 metres of another vehicle also owned by the same person.
2.5. Evolving Issues
As stated earlier, the culture surrounding food trucks and refreshment vehicles, in
general has been evolving. Food trucks are becoming very popular, and as the Ontario
Culinary Tourism Council has pointed out, the vehicles have proven to be a good way
of attracting people to public events.
The nature of these "food truck centred" events involves bringing several vendors from
out of town, to compete against local vendors and then move on to the next event. The
logistics of moving from place to place can be daunting in itself for the vendors, without
having to worry about local needs and requirements.
Municipality of Clarington
Report CLD-002-15 Page 5
It is not the Municipality of Clarington's intention to create unnecessary or
unreasonable barriers to trade and tourism. However; it is our responsibility to protect
the public interest in these matters.
In recognizing the need to modernize our by-laws, Staff have sought meetings with
representatives of the local BIAs and of the various service clubs and community
groups who regularly run community events involving food vendors and peddlers.
Staff have also researched regulations from various municipalities who have also
addressed these issues.
As a result of our meetings and research, Staff have identified six specific issues which
need to be addressed. These are:
• The applicability and definition of what constitutes a special event,
• The cost of the Municipal licence to operate,
• Confusion surrounding application inquiries and requirements,
• The Municipality's request for advance notice of the attending vendors,
• The necessity of obtaining 3rd party liability insurance, and
• The need for setbacks from other vendors and local merchants.
This Report will address each of these concerns and Staff's position regarding the
changes.
2.6. Special Events
By-law 2014-020 (the By-Law to Regulate Special Events on Private Property) applies
to any event which is open to the public by right of access or invitation with an
anticipated attendance of 500 people or more. This includes educational and
recreational events, fairs, carnivals, and festivals. Similarly demonstrations, walks,
parades, races, filming events, street dances, festivals, and sidewalk sales all fall within
the scope of 2014-021, which is the By-Law to Regulate Special Events on Municipal
Road Allowances.
Both the current Refreshment Vehicle By-law and the Municipal Peddlers By-law make
no exemptions or provisions for Special Events. The expansion to include these events
creates a very wide scope of authority for the Municipality to administer. Organizers of
special events have expressed their concerns with the current process and requested
that the application and licensing process be streamlined and the fees be reviewed.
2.7. Fees
As noted earlier the fees set out in the By-laws represent the actual cost in staff time to
prepare each licence.
The relocation fee is used for stationary vehicles to move from their currently licensed
location to another location. While the current trend was not originally intended for
"food truck events", it does lend itself well to this use.
Municipality of Clarington
Report CLD-002-15 Page 6
3. Refreshment Vehicles - Recommended Changes
The intent of the Refreshment Vehicle By-law is to provide a mechanism to regulate the
mobile food vendors through a licensing process. It is not intended to regulate land
use. Land use is regulated through the Municipality of Clarington Zoning By-laws. The
following recorded changes not only address the issues listed in Section 2.5 of this
report, but also to assist in framing the scope of the licensing regulations.
3.1. Definitions
To clarify the scope of the refreshment vehicle licensing categories, the definitions for
the various refreshment vehicles are proposed to be revised as follows:
• "stationary refreshment vehicle" means a vehicle which may contain cooking
facilities and must be parked or placed in a specific location in order to
operate; although the vehicle may be moved at the end of the work day, or to
various different locations on a daily basis, provided the locations are part of a
predetermined, preapproved and scheduled rotation, it cannot close down and
relocate on short notice;
• "Mobile Refreshment Vehicle" means a vehicle designed and intended to move
from one location to another on a regular basis and on short notice, and may
include facilities for cooking.
• "Refreshment Cart" - any non-motorized vehicle used exclusively for the sale of
pre-packaged foods and does not include facilities for cooking.
To the best of staff's knowledge there is currently only one refreshment vehicle which
would not be considered capable of being moved. It will continue to be licenced,
however no more vehicles will be allowed to slip into this condition and continue to be
licenced by the Municipality. In order to safeguard against this possibility, all
refreshment vehicle operators will be required to prove to staff that their vehicle can be
moved from its current location on demand.
MPAC has confirmed that while they do not view a permanently placed Refreshment
Vehicle as a building, their inspectors certainly would consider the "degree of
permanency" and assess the property accordingly.
3.2. Application Process
The applications for both by-laws were originally designed with the intention of being a
"one size fits all" style document. Whether the applicant wanted a stationary or mobile
licence, all the requirements for both were listed.
The applications have been found to be confusing and too complicated in all their
requirements. A separate simplified application will greatly assist the vendors and
Staff.
Municipality of Clarington
Report CLD-002-15 Page 7
Staff are currently in the process of designing separate applications for Refreshment
Vehicles - Non-Special Events and Refreshment Vehicles — Special Events. Section
3.5 of this report details the proposed process respecting Special Events.
3.3. Locations and Setbacks
The overall purpose of refreshment vehicles is generally to serve more remote or
seasonal locations or to supplement the food alternatives available in local restaurants,
particularly at special events. In other words, they are truly a vehicle. Over the years,
where a commercial zone has allowed for an "eating establishment", they have been
permitted on lands subject to licensing. There is no separate definition that would
separate a refreshment vehicle from any other type of refreshment vehicle.
This can set up an unequal playing field for restaurants, which construct a permanent
structures and pay taxes on their buildings. What once was a vehicle becomes more
permanent either through improved parking, outdoor seating areas, and similar
improvements or simply by keeping the vehicle relatively stationary on the site. These
"vehicles" become permanent structures in the landscape. It becomes the commercial
equivalent to setting up recreational vehicle as the permanent dwelling on the property.
The key locational issues are:
• Which street locations are suitable?
• Should a refreshment vehicle be allowed to permanently or seasonally establish
in a commercial property, and, if so, which type of properties?
• When permitted, should it only be ancillary to the primary commercial use on a
property?
• Should refreshment vehicles can become permanent stationed on a site?
• Should be a setback distance from other eating establishments?
Zoning
Should Council wish to refine where stationary refreshment vehicles may be located, it
is recommended that staff be directed to initiate an amendment to the rezoning by-laws
to:
• Define refreshment vehicles as a type of land use and therefore they would only
permitted where the zoning specifically permits it;
• Limit stationary refreshment vehicles as ancillary land use in certain commercial
zones (e.g. Highway Commercial Zones). This would restrict the refreshment
vehicle to lands with an established commercial use
Municipality of Clarington
Report CLD-002-15 Page 8
• Provide for refreshment vehicles on lands where a special event is being held.
• Provide for "grandfathering" of existing refreshment vehicle sites
Setbacks
Staff are recommending that the existing 60 metre setbacks for refreshment vehicles
remain status quo with the exception that the 60 metre setback also apply to school
properties.
Mobile Vending Zones
The Official Plan seeks to establish vibrant commercial areas with active street life.
Should the trend of mobile refreshment vehicles become popular in Clarington outside
of special events, we may wish to explore the concept of establishing mobile vending
zones in certain areas where refreshment vehicles would be permitted on the municipal
road allowance on a rotating basis for limited time periods.
3.4. Relocations
Any temporary relocation for a Stationary Vehicle requires a Relocation Permit each
time the operator wished to move their vehicle from their approved and licenced
location, regardless of whether or not the move is temporary or long term. Staff
propose to allow any Stationary Vehicle to relocate up to 10 times within each licensing
year without incurring additional fees.
While this number of free relocates may not allow a vendor to attend all Special Events
within the Municipality in any given year, it does ease the financial burden for local
stationary vehicles and encourages vendors from out of town to apply for and obtain
Clarington licences.
3.5. Special Events
Staff recommend that the by-law be amended to streamline the current licensing
process for refreshment vehicles participating in special events.
Event organizers generally know who will be attending well in advance of an event and
it shall be their responsibility to submit their list of applicants to staff. Staff will ensure
that the organizers have the necessary application package to distribute to the
applicants. The collection of all required documents and applicable fees for the
licences shall be the responsibility of the organizing group. They will, in turn, submit
the documentation to staff for their review and consideration at least two weeks in
advance of the event.
Municipality of Clarington
Report CLD-002-15 Page 9
Refreshment Vehicles not holding a current Clarington Refreshment Vehicle Licence
may apply for an annual licence and submit the necessary supporting documentation.
This will be different for vehicles currently licenced in Clarington or within the Region of
Durham. Supporting document requirements are as follows:
REQUIREMENTS FOR SPECIAL EVENTS LICENCE
Currently Licenced Licenced
Requirements Licenced Within Region Outside Unlicenced
Region
Ownership Of Vehicle N/A N/A Yes Yes
Corporate N/A Yes Yes Yes
Information
Liability Insurance N/A Yes Yes Yes
Fire - Site Inspection
(if vehicle contains a
fixed suppression
unit) Yes Yes Yes Yes
TSSA Inspection N/A N/A N/A Yes
Vehicle Safety N/A N/A N/A Yes
Emissions N/A N/A N/A Yes
Criminal Record N/A N/A N/A Yes
Check
Health Department Yes Yes Yes Yes
This streamlined process presents an opportunity to reduce the licensing fees as much
of the administrative "paper chasing" will be handled by the event organizer. It is
therefore recommended that the licensing fees for special events be set as follows:
Applicants holding a current valid Clarington $0.00 (for first 10\special events in
Refreshment Vehicle Licence the licensing period)
$50.00 (for each additional special
event in the licensing period
Applicants holding a current valid Refreshment $25.00
Vehicle Licence within Durham Region
Applicants holding a current valid Refreshment $50.00
Vehicle Licence outside of Durham Region
Once the organizers have a complete package of the applicable material required by
the Municipality, the organizers will submit it along with the licence fees. The
completed licence for each approved vendor will be returned to the organizer who will
distribute it to the vendors at the time of their arrival for the event.
Municipality of Clarington
Report CLD-002-15 Page 10
Staff have been asked to reduce the setbacks and help concentrate the events into
smaller areas as it places unrealistic and impractical restrictions on the participants of
local community special events. A balance must be struck between convenience for the
organizers and attendees and the need to maintain minimal safe separations.
Staff are recommending that the existing 60 metre setback be exempt for special events
and provide the Fire Chief the right to establish a setback which he believes may be
required to provide a safe distance, for the event in question, at the time.
All Clarington Fire Department requirements and all Durham Region Health Department
requirements for approval remain unchanged for refreshment vehicles licensed to
participate in a special event.
4. Municipal Peddlers
4.1. Current Requirements
Clarington By-law 2005-206 defines a peddler as:
any person who goes from place to place or to a specific place with goods, wares or
merchandise for sale, or who carries and exposes samples, patterns or specimens of
any goods, wares or merchandise which are to be delivered in the Municipality of
Clarington;"
In order to operate legally within the Municipality of Clarington, a peddler must be
licenced to carry on their business, with some exemptions including charities.
Like the refreshment vehicles, peddlers can be mobile or stationary. The mobile
peddler moves from place to place as he sells his wares, while the stationary peddler
operates from one specific location, such as flower vendors or similar souvenir vendors
operating from street corners or at the edge of the road.
4.2. Fees
The fee for a Municipal peddler's licence is $300.00 per year for the owner or primary
vendor and $100.00 per year for each employee working on site.
4.3. Zoning and Setbacks
Like the refreshment vehicles, stationary peddlers are restricted to commercial areas
where sales are a permitted zoning use. This restriction does not apply to door-to-door
sales.
Municipality of Clarington
Report CLD-002-15 Page 11
4.4. Evolving Issues
Craft shows and sales are not a new phenomenon but they have grown in size over the
years. When it was drafted, the by-law recognized the importance of the community
fundraising and charity orientation of many craft sales, thus a peddler's participation in
craft show, farmer's market, flea market, charity or non-profit organization's event did
not require a municipal licence. What has changed in the last few years, is their
participation in Special Events as part of the overall event attraction.
4.5. Proposed Changes
In conjunction with the discussions concerning refreshment vehicles, Staff discussed
the issue of peddlers at the various special events with the interested parties from the
BIAs and the service clubs. Staff are of the opinion that the vendors should be treated
in the same manner as those applying for a non-profit event. Staff are therefore
recommending that the Peddler By-law be amended to exempt peddlers from the need
for municipal licencing when they are operating as part of a licenced special event with
the consent of the event organizers.
In some cases these peddlers are part of, or closely associated with, the event
organizers, and should therefore not have to go through a separate process. The
organizers will supply the Municipality with the names of the vendors in case of
questions concerning who can and cannot be at the event. A peddler who attempts to
"sneak in" would be subject to charges as an unlicensed peddler.
5. Liability for Refreshment Vehicles and Peddlers
5.1. The Need for Insurance and Municipal Liability
While the changes noted above address and accommodate many of the vendors' and
organizers' concerns regarding both peddlers and refreshment vehicles, certain other
restrictions must remain in place.
The question of insurance and liability has been a problem for the event organizers
and vendors. Their main questions have been:
• Why does the Municipality require the vendor to provide $2,000,000 liability
insurance with Clarington named as a third party?
• Since the BIA has insurance, why not just use it?
As for the question of why the need for insurance, a recent incident in Toronto
illustrates the problem. Several attendees at a food event became sick as a result of
tainted food. Along with the organizers, the City, may be held liable for alleged long-
term health implications.
Municipality of Clarington
Report CLD-002-15 Page 12
The fact of the matter is that the BIAs do not have their own separate insurance. They
are covered as part of the Municipality's policy as a Board of Council. A lawsuit
involving the BIA directly involves the Municipality. The same may not hold true for
service organizations but it would still involve the Municipality of Clarington as a third
party in the lawsuit as they have various roles in either approving or administering
events.
The question should not be `why make the vendor get extra insurance', but rather, 'why
should the Municipality have to pay out for a mistake made by a vendor who is not
directly under our controlT Currently, the Treasurer has determined that $2,000,000 is
sufficient. This is generally the minimum liability coverage carried by small businesses
and is therefore not an onerous request. Should the courts begin to raise that bar,
Clarington will have to adjust its insurance requirement accordingly.
The need for a separate liability insurance policy for refreshment vehicle applications, in
the amount of$2,000,000 is not something Staff are prepared to negotiate. It is
important to note that in the event of an incident, local taxpayers should not end up
paying the burden of increased premiums resulting from insurance claims because the
appropriate insurance was not obtained from the service provider.
In the end, the current insurance requirements should remain in effect. The service
clubs and the Orono Agricultural Society have also been consulted and are in
agreement with the need for separate liability insurance. Currently liability insurance is
not required by the Municipality for peddlers. Staff do not believe it is necessary and
will not require it.
6. Proposal
After much study and discussion, Staff believe the best solution for the Refreshment
Vehicle By-law is to repeal it and enact an entirely new By-law containing the proposed
changes to the Refreshment Vehicles. Further, Staff are of the opinion that the
proposed changes to the Peddler By-law will make it easier for event organizers.
7. Concurrence
This report has been reviewed by Andrew Allison, Municipal Solicitor, Nancy Taylor,
Director of Finance/Treasurer, Gord Weir, Director of Emergency Services and David
Crome, Director of Planning Services who concur with the recommendations.
8. Conclusion
Eliminating the permanently located refreshment vehicles form the scope of the by-law,
clarifying the refreshment vehicle definitions, recognizing and streamlining the process
for licensing special event participants, and refining the licensing fees will result in
improved licensing efficiencies while supporting the needs of our special event
organizers. As well, the proposed recommendations will better reflect the current needs
in the refreshment vehicle industry without compromising public health and safety. Staff
therefore recommends that the proposed amendments to the Refreshment Vehicle
Page 13
Municipality of Clarington Report CLD-002-15
Licensing and Peddler licensing regulations be approved and forwarded to Council and
that the interested parties be advised of Council's actions.
To provide for a clean and easily understood by-law, staff recommends that the current
Refreshment Vehicle By-law be repealed and replaced with a new by-law.
9. Strategic Plan Application
Not applicable.
Submitted by: 1. Reviewed by: _ C L
t. Anne eentree Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: Len Creamer, Manager of Municipal Law Enforcement, 905-623-3379 ext. 2110
or Icreamer @clarington.net
Attachments:
Attachment 1 — Proposed Refreshment Vehicle By-law
Attachment 2 — Proposed By-law to Amend the Peddler By-law
Interested parties:
Historic Downtown Bowmanville Business Centre
Orono BIA
Newcastle BIA
Orono Agricultural Society
Bowmanville Rotary
Existing licenced refreshment vehicle operators
CAG/Ic/mc
Attachment 1 to
Municipality of Clarington Report CLD-002-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2015-XX
Being a by-law to license Refreshment Vehicles
within the Municipality of Clarington and
to repeal By-law #2004-114, as amended
WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a matter may
(a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c)
provide for a system of licences respecting the matter;
WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may provide
for a system of licences with respect to any business wholly or partly carried on within the
municipality, including the sale or hire of goods or services on an intermittent or one-time basis;
and
WHEREAS under Subsection 11(2) of the Municipal Act, 2001, a municipality may exercise its
licensing powers for the purpose of consumer protection and to protect the health and safety of
the general public; and
WHEREAS the Council of the Municipality of Clarington deems it appropriate to update the
refreshment vehicle licensing regulations.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby
enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by-law,
"applicant" means a person seeking a licence or renewal of a licence;
"cook" means to prepare food for eating by the action of heat and cooking shall have the
corresponding meaning;
"currently licensed" means,
(i) licensed to operate within the Municipality for the current calendar year;
(ii) licensed to operate within another municipality within Durham Region for the
period involved in an anticipated special event; or
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(iii) licensed to operate within another municipality outside of Durham Region for a
period of time that would include an anticipated special event.
"Director of Fire and Emergency Services" means the Fire Chief of the Municipality or a
designate;
"eating establishment" has the same meaning as an eating establishment or restaurant
as defined in the current Municipality of Clarington Zoning By-laws;
"highway" shall have the same meaning as in the Highway Traffic Act R.S.O. 1990, c.
H8;
"licence" means a licence issued by the Municipal Clerk to operate a Refreshment
Vehicle in accordance with this by-law;
"licensee" means a person to whom a licence has been issued and shall include any
driver or operator of the refreshment vehicle;
"mobile refreshment vehicle" means a vehicle designed and intended to move from one
location to another on a regular basis and on short notice and may include facilities for
cooking;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25,
"Municipal Clerk" means Clerk of the Municipality of Clarington, or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the geographic
area of Clarington, as the context requires;
"officer" means a Municipal Law Enforcement Officer whose duties include the
enforcement of this by-law;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and their heirs, executors or legal representatives;
"park" means land and land covered by water and all portions thereof owned or
made available by lease, agreement, or otherwise to the Municipality, that is or
hereafter may be established, dedicated, set apart or made available for use as
woodlot, ravine, recreation centre, square, garden, walkway, water or any other
area in the Municipality, devoted to active or passive recreation;
"plate" means a metal plate issued by the Municipality and bearing an identifying number
on it;
"primary location" means the main or home location for operations of a stationary
refreshment vehicle;
"refreshment" includes any form of food or drink fit for human consumption;
Attachment 1 to
Municipality of Clarington Report CLD-002-15
"refreshment vehicle" means a refreshment cart, mobile refreshment vehicle or
stationary refreshment vehicle as defined in this by-law;
"refreshment cart" means any non-motorized vehicle used exclusively for the sale of
prepackaged foods and does not include facilities for cooking;
"special event" means a cultural, recreational, educational or similar event including
fairs, festivals and carnivals, for which a Municipal Special Events Permit has been
issued or which has been sanctioned by the Municipality;
"special event refreshment licence" means a temporary licence issued to a vendor for
the purpose of taking part in a special event as defined and licensed under the auspices
of the Clarington Special Events By-laws;
"stationary refreshment vehicle" means a vehicle which may contain cooking facilities
and must be parked or placed in a specific location in order to operate; although the
vehicle may be moved at the end of the work day, or to various different locations on a
daily basis, provided the locations are part of a predetermined, preapproved and
scheduled rotation, it cannot close down and relocate on short notice; and
"vehicle" shall have the same meaning as in the Highway Traffic Act R.S.O. 1990, c. H8.
References
1.2 In this by-law, reference to any Act or By-law is reference to that Act or By-law as it is
amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this by-law to Parts and Sections are
references to Parts and Sections in this by-law.
Word Usage
1.4 This by-law shall be read with all changes in gender or number as the context requires.
1.5 In this by-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Application
1.6 This by-law applies to all refreshment vehicles operating in the Municipality unless
otherwise specified.
Severability
1.7 Each section of this by-law is an independent section, and the holding of any section or
part of any section of this by-law to be void or ineffective for any reason shall not be
deemed to affect the validity of any other sections of this by-law.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
PART 2 - LICENSING
Requirement
2.1 No person shall operate a refreshment vehicle in the Municipality without a licence.
Applications
2.2 Every licence application shall be completed and submitted on forms prescribed by the
Municipal Clerk.
2.3 Every licence application to operate a refreshment vehicle shall include,
(a) an application fee as prescribed in Appendix A;
(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department;
(d) where the refreshment vehicle is proposed to be located within any park in the
Municipality, written consent of the Director of; and
(e) where the refreshment vehicle is fitted with propane or natural gas, a current
certificate issued within thirty (30) days of the date of the refreshment vehicle
licence application, by a provincially authorized propane or natural gas fitter, as the
case may be, certifying that the refreshment vehicle complies with the applicable
equipment and performance standards as prescribed by the Province of Ontario.
2.4 In addition to the requirements in Section 2.3, every licence application to operate a
stationary refreshment vehicle shall include,
(a) proof of inspection and approval from the Clarington Fire Department for a fixed fire
suppression system, if any;
(b) in the case of a new applicant, the Technical Standards and Safety Authourity Initial
Vehicle Inspection Report;
(c) cooking appliances that produce grease laden vapour must be protected by an
approved fixed fire protection system;
(d) where the applicant is not the owner of the land where the stationary refreshment
vehicle will be located, written permission signed by the owner of the property
where the stationary vehicle will be located;
(e) proof from the Planning and Development Department that the placement of the
vehicle on the proposed property is an approved ancillary use on the land; and
(f) a site location drawing, drawn to scale, showing,
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(i) the proposed primary location of the stationary refreshment vehicle;
(ii) parking facilities for the business; and
(iii) the distance between the proposed location and all property lines.
2.5 In addition to the requirements in Section 2.3, every licence application to operate a
refreshment cart shall include, where the applicant is a company which owns more than
one vehicle, the total number of refreshment carts to be licensed.
2.6 In addition to the requirements in 2.3, every mobile refreshment vehicle licence applicant
shall include;
(a) proof of inspection and approval from the Clarington Fire Department; and
(b) where the applicant is a company which owns more than one vehicle, the total
number of mobile refreshment vehicles to be licensed.
2.7 Every licence application to operate a refreshment vehicle as part of a special event shall
include:
(a) written proof of participation approval by the special event host organization;
(b) proof of insurance in an amount to be determined by the Director of
Finance/Treasurer and naming the Municipality as a third-party insured;
(c) proof of inspection and approval from the Region of Durham Health Department or
where the applicant is currently licensed by their home jurisdiction, proof of
inspection and approval from their home jurisdiction Health Department; and
(d) proof of inspection and approval from the Clarington Fire Department or where the
applicant is currently licensed by their home jurisdiction, proof of inspection and
approval from their home jurisdiction Fire Department;
Issuance
2.8 The Municipal Clerk may approve or refuse any licence application, and may impose any
conditions upon an approval as she determines appropriate. More specifically, the
Municipal Clerk may refuse based on the vehicle type, appearance or where the location is
deemed inappropriate, unsuitable or unsafe.
2.9 The Director of Fire and Emergency services may impose alternative setbacks from
adjacent structures, vehicles as is deemed necessary by the Director in the interest of
public safety.
2.10 The Municipal Clerk shall not issue a stationary refreshment vehicle licence where the
issuance would contravene or conflict with any other Municipal By-law.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
2.11 The Municipal Clerk shall not issue a licence for which all of the necessary application
supporting documents have not been supplied in original form, or as otherwise determined
by the Municipal Clerk.
2.12 The operator of a mobile refreshment vehicle shall not operate from any single location for
more than 30 consecutive minutes before having to move again.
2.13 The Municipal Clerk shall not issue a licence for a refreshment vehicle unless,
(a) it is located in excess of 60 metres from an eating establishment;
(b) it is located in excess of 60 metres from playground equipment located in any park;
(c) it is located within any park without prior written consent of the Director of
Operations in accordance with the Municipal Parks By-law;
(d) it is located in excess of 60 metres from any school property;
(e) the licence has been issued in accordance with a Special Event Permit pursuant to
this by-law, in which case the requirements of(a) and (b) above are not required;
2.14 Every licence shall be posted in or on the refreshment vehicle.
2.15 Every vehicle licensed to operate as a refreshment vehicle shall, unless otherwise
stipulated in this By-law, be issued a plate by the Municipality, such plate shall be
affixed to the rear of the vehicle and clearly visible at all times.
2.16 A licensee shall comply with all licence conditions.
Disqualifications
2.17 The Municipal Clerk shall refuse to issue or renew a licence where,
(a) the applicant is not at least 18 years of age;
(b) the application is incomplete;
(c) the prescribed licence fee has not been paid;
(d) the applicant has outstanding fines or debts to the Municipality;
(e) the applicant has submitted false information in support of the application;
(f) the issuance of the licence would contravene any of the provisions of this by-law;
(g) the applicant has been convicted of a breach of this by-law or any similar by-law
within another municipality; or
(h) the Officer, by way of inspection, has determined that the refreshment vehicle is not
in compliance with this by-law.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
2.18 (a) Any motor vehicle which is to be used as a refreshment vehicle shall be capable of
moving under its own power upon demand of an officer.
(b) Any vehicle or trailer which is to be used as a refreshment vehicle shall be capable
of being moved demand of an officer.
(c) Notwithstanding Subsection 2.19(a) above, the refreshment vehicle currently
operating on the property located at Concession 4 Part lot 16, former Township of
Darlington and municipally known as 4580 Old Scugog Road may continue to be
licenced as a stationary refreshment vehicle provided there are no further
alterations or expansions to the vehicle and the use remains uninterrupted.
Transfer
2.19 Licences are not transferrable except with the written consent of the Municipal Clerk.
Term
2.20 Licences are valid from the date of issuance and expire on December 31st of each year,
unless revoked or suspended.
Exemptions
2.21 A licensee may temporarily relocate, for up to a maximum of 4 consecutive days, upon
written approval of the Municipal Clerk.
2.22 Notwithstanding Section 2.3 a licence application to participate in a special event or for a
temporary relocation licence shall include the supporting documents as follows:
(a) A refreshment vehicle which is licenced for the current calendar year in Clarington
shall require an on-site Fire Department inspection and an on-site Health
Department inspection only.
(b) A refreshment vehicle which is currently licenced for another municipality within
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fire suppression system) and an on-site Health Department inspection as
well as copies of their corporate information and liability insurance listing the
Municipality of Clarington as a third party co-insured for the duration of the special
event
(c) A refreshment vehicle which is currently licenced for another municipality outside of
Durham Region shall require an on-site Fire Department inspection (if the vehicle
contains a fire suppression system) and an on-site Health Department inspection as
well as copies of their vehicle ownership, their corporate information and liability
insurance listing the Municipality of Clarington as a third party co-insured for the
duration of the special event.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
(d) A refreshment vehicle which is not currently licenced for any municipality shall
require all the information and documentation as any other applicant for an annual
licence.
PART 3 — OPERATING REQUIREMENTS
3.1 No licensee shall operate a stationery refreshment vehicle in a location other than the
location for which the refreshment vehicle licence has been issued.
3.2 Every licensee, driver or operator of the refreshment vehicle shall produce the licence
issued in accordance with this by-law when requested to do so by an Officer, Police Officer
or Health Inspector.
3.3 Every licensee shall ensure the plate issued in accordance to this by-law is affixed to the
rear of the vehicle and clearly visible at all times.
3.4 Every licensee shall display the license in or on the refreshment vehicle.
3.5 Every licensee shall keep the licensed refreshment vehicle in a clean and sanitary
condition at all times.
3.6 Every licensee shall equip the licensed refreshment vehicle with a garbage receptacle
of sufficient size to accommodate all waste material generated by the operation of the
refreshment vehicle.
3.7 Every licensee shall only sell refreshments from the licensed refreshment vehicle that
comply with all applicable health and sanitary regulations.
3.8 Every licensee of a refreshment cart shall only sell prepackaged refreshments in
accordance with their licence.
3.9 No licensee of a refreshment cart shall prepare food or cook on or in their refreshment
cart.
3.10 Every licensee shall only sell refreshments from the licensed refreshment vehicle that
comply with all applicable health and sanitary regulations.
3.11 No licensee shall operate a refreshment vehicle, containing cooking or heating facilities,
without a 5 lb. ABC portable fire extinguisher.
3.12 No licensee shall relocate a stationary refreshment vehicle without the approval of the
Municipal Clerk.
3.13 No licensee shall conduct business while parked on any travelled portion of a highway.
3.14 Notwithstanding 3.13, a licensee, operator, driver of a refreshment cart or 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 but all sales shall be conducted off the
travelled portion of the highway.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
3.15 No licensee of a mobile refreshment vehicle or refreshment cart shall operate within a park
without prior written consent of a Director of Community Services in accordance with the
Municipal Parks By-law.
PART 4— ENFORCEMENT
Inspections
4.1 An Officer may, at any reasonable time, enter upon any property for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-law have
been complied with.
4.2 No person shall prevent hinder or interfere or attempt to prevent hinder or interfere with
an inspection undertaken by an Officer.
Suspension of Licence
4.3 The Municipal Clerk or the Director of Fire and Emergency Services may suspend a
licence if the licensee fails to comply with any provision of this by-law and such non-
compliance is not remedied within 7 days, or other time period as deemed appropriate
by the Municipal Clerk, following notice from the Municipality specifying the particulars
of the non-compliance.
Revocation of Licence
4.4 The Municipal Clerk may revoke a licence if,
(a) it was issued in error;
(b) it was suspended in accordance with Section 4.3 and no satisfactory evidence of
compliance has been filed with the Municipality within 60 days from the date of
suspension;
(c) it was issued as a result of false, mistaken, incorrect, or misleading statements,
information or undertakings on the application or on any submitted documents
that formed the basis of issuance; or
(d) upon the request of the licensee.
Offences and Penalties
4.5 Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences
Act, R.S.O. 1990, c. P.33.
Attachment 1 to
Municipality of Clarington Report CLD-002-15
PART 5- GENERAL
Short Title
5.1 The short title of this by-law shall be the "Refreshment Vehicle By-law".
Repeal
5.2 By-law No. 2004-114 is repealed.
5.3 Notwithstanding section 5.2, all licences issued under By-law No. 2004-114 shall remain
in effect until they would have otherwise expired.
Effective Date
5AThis by-law shall be effective on the date that it is passed.
By-law passed this day of xxxxxxx, 2015.
Mayor
C. Anne Greentree, Municipal Clerk
Attachment 1 to
Municipality of Clarington Report CLD-002-15
Appendix A
Refreshment Vehicle Licence Fees
Details Fee
Stationary Refreshment Vehicle Annual $200 —first vehicle
Licence $100 — each additional vehicle
Licensed Stationary Refreshment Vehicle $0.00 — up to 10 times per licensing period
Temporary Relocation fee $50.00 — each additional time per licensing
period
Mobile Refreshment Vehicle Annual $200 —first vehicle
licence $100 — each additional vehicle
Mobile Refreshment Vehicle Temporary
Relocation fee
Refreshment Cart Annual Licence $200 — unlimited number of carts
Participation in a Special Event
Currently licensed in Clarington $0.00
Currently licensed in another jurisdiction $50.00 per vehicle
If not currently licenced in any jurisdiction $200 —first vehicle
$100 — each additional vehicle
Attachment 2 to
Municipality of Clarington Report CLD-002-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2015-
To amend By-Law#2005-206, and
To amend By-laws # 2014-020 and 2014-021
WHEREAS the Council of the Municipality of Clarington has approved the recommendations
contained in Report CLD-002-2015;
NOW THEREFORE BE IT ENACTED
1. THAT By-law 2005-206 be amended as follows:
a. Section 1.0 is amended by adding thereto the following definition:
"special event" for the purposes of this By-law includes any cultural, recreational
event and any demonstration, parade or other event as licenced under By-laws
2014-020 or 2014-021.
b. Section 3.1 is amended by adding thereto the following:
Q) as part of an approved Special Event as licenced pursuant to either
Clarington By-law 2014-020 or 2014-021.
2. By-law 2014-020 Section 2.14 is amended by deleting the phrase "peddlers(By-law
2005-206)".
3. By-law 2014-021 Section 2.11 is amended by deleting the phrase "peddlers(By-law
2005-206)".
4. This by-law shall come into full force and effect upon its passing.
BY-LAW passed in open session this t" day of February 2015.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk