Refreshment Vehicles

1. This By-law may be cited as the "Refreshment Vehicles By-Law".

In this By-law:

1. "Applicant" means a person filing an application for a licence under the authority of this By-law.
2. "Council" shall mean the Council of the Corporation of the Township of Alfred and Plantagenet.
3. "Fire Chief" shall mean the Chief of the Alfred and Plantagenet Fire Department or his or her authorized subordinates or assistants.
4. "Licensee" shall mean a holder of a licence issued under this By-law.
5. "Medical Health Officer" shall mean the Medical Health Officer of the Counties of Prescott and Russell or his or her subordinates to whom he or she may designate such authority from time to time.
6. "Municipal Law Enforcement Officer" shall mean the Municipal Law Enforcement Officer appointed by the Council of the Corporation of the Township of Alfred and Plantagenet.
7. "Parks" shall mean all public parks located within the limits of the Township.
8. "Township" shall mean the Township of Alfred and Plantagenet.
9. "Vehicle" shall mean a vehicle as defined in the Highway Traffic Act, regardless of the fact that the running gear has been removed or not.
10. "Victualing House" shall mean a premise where refreshments or meals are prepared or sold for immediate consumption on the premise or elsewhere, but does not include a premise where only hot beverages are sold or a refreshment vehicle.
11. "Zoning Administrator" shall mean the Zoning Administrator appointed by the Council of the Corporation of the Township of Alfred and Plantagenet.

1. No person shall operate a vehicle from which refreshments are sold for human consumption within the Township without first obtaining a licence as hereafter set out.
2. No person shall, with the following exceptions, operate a vehicle from which refreshments are sold for human consumption within three hundred (300) metres of a victualing house or refreshment vehicle.
   1. Refreshment vehicles with Type "B" licences may be within three hundred (300) metres but not less than ten (10) metres of another refreshment vehicle.
   2. A refreshment vehicle already established at the Wendover Wharf may be within three hundred (300) metres but not less than one hundred fifty (150) metres of a victualing house or another refreshment vehicle.
3. No person shall operate a vehicle from which refreshments are sold for human consumption within ten (10) metres of any building or structure.
4. No person shall operate a vehicle from which refreshments are sold for human consumption on municipally owned lands or parks without prior written consent from the Council.
5. No person shall operate a vehicle from which refreshments are sold for human consumption without having a licence issued under this By-law prominently displayed on the vehicle.
6. No person who operates a vehicle from which refreshments are sold for human consumption shall place or locate any carton, box, or other article, other than a garbage receptacle, outside of the refreshment vehicle.
7. Every person who operates a vehicle from which refreshments are sold for human consumption shall ensure that the garbage or litter resulting from his or her activity is collected and removed from the area.
8. Every person who operates a vehicle from which refreshments are sold for human consumption shall ensure that a garbage receptacle is placed outside of the refreshment vehicle while he or she is vending, and that the garbage is disposed of as required.

1. The licence may designate the private properties upon which such sales of refreshments may be made. No designation of a private property for the purposes of such sale shall be made unless it is clearly established by the applicant that the owner of the property has consented in writing to the use of his or her property for this purpose.
2. All vehicles so licensed shall be operated only in conformity with the requirements of the Medical Health Officer and the Council may, at any time, revoke any licence issued hereunder.
3. The licence may designate any further terms or conditions of licence deemed necessary.
4. A licence granted hereunder shall, with the following exception, be for the operation of the refreshment vehicle for one calendar year.
   1. A Type "B" licence may be issued for a specific event provided that:
      1. The event is being held for a period of not more than ten (10) days, and
      2. The applicant has furnished details as to the specific event, including its location.

1. No applicant for a refreshment vehicle licence shall be issued a licence unless:
   1. The applicant is at least eighteen (18) years of age.
   2. The Medical Officer of Health has reported in writing that the refreshment vehicle and equipment is suitable for the purpose of the licence application and is in a sanitary condition.
   3. The Fire Chief has reported in writing that, where applicable, the refreshment vehicle and equipment is suitable for the purpose of the licence application and is in a fire safe condition.
   4. The Medical Officer of Health has reported in writing that, where applicable, the disposal of waste water and sewage from the refreshment vehicle is in accordance with regulations.
   5. The Zoning Administrator has reported in writing that, where applicable, the location and usage conforms to the Zoning By-Law of the Township.
   6. The applicant has specified the make, style, model, and serial number of the refreshment vehicle.
   7. The applicant is the holder of a current motor vehicle permit, where applicable, issued pursuant to the Highway Traffic Act that permits it to be driven on any highway.
   8. The applicant has filed proof of insurance for public liability in the amount of not less than five hundred thousand ($500,000.00) dollars in public liability inclusive of bodily injuries, property damage, and accidental benefits and including damage occasioned by any accident arising out of the operation of the refreshment vehicle in respect of which a licence is applied for.
   9. The application is accompanied by a cheque for the fees in the amount as specified in Schedule "A" of this By-law, and;
   10. The application shall be in the form specified in Schedule "B".

1. No licence issued pursuant to this By-law shall be transferred in any manner.
2. No perseon shall transfer a licence issued pursuant to this By-law in any manner.

1. The licensee shall ensure that, during the period of ninety (90) days prior to the expiration of the licence, his or her vehicle from which refreshments are sold is submitted for inspection, where applicable, as if the applicant was filing an original application, to:
   1. The Medical Officer of Health, and
   2. The Fire Chief,
2. The licensee shall submit a completed application with all the required approvals at least 60 days prior to the expiration of the licence.

1. The Municipal Law Enforcement Officer may revoke or suspend any or each of the permits issued to any person or close the establishment for cause and without limiting the generality of the foregoing for:
   1. A breach of the law;
   2. Any violation of the provisions of this By-law.
2. The provisions of Subsection 1 of Section 8 - Suspension / Revocation - may be exercised in addition to any prosecution or other legal action
3. Any person contravening any of the provisions of this By-law while under suspension shall be regarded as though no permit has been issued.

1. Upon determination that any violation of the provisions of this By-law or breach of the law has been committed, a notice of violation and closure may be posted on the refreshment vehicle by the Municipal Law Enforcement Officer.
2. Such notice shall stay on the vehicle until a licence has been properly issued.
3. No person shall, at the exception of the Municipal Law Enforcement Officer, remove, deface, or destroy the said notice.

1. No person shall obstruct, hinder, or interfere with the Municipal Law Enforcement Officer, the Fire Chief, or Medical Health Officer in the lawful performance of their duties.

1. If a court of competent jurisdiction should declare any section or part of a section of this By-law ot be invalid, such section or part thereof shall not be construed as having persuaded or influenced council to pass the remained of this By-law, and shall be valid and shall remain in force.

1. The provisions of this By-law shall be enforced by the Municipal Law Enforcement Officer.

1. Every person who contravenes any of the provisions of this By-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, and amendments thereto.
2. In addition to imposing a fine, a court of competent jurisdiction may, upon conviction of an offence under this By-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted

1. By-law Number 2005-70 is hereby repealed.