1. LICENSING BY-LAW - RURAL REFRESHMENT VENDING - VEHICLES AND STANDS -

HARMONIZATION

RÈGLEMENT SUR LES PERMIS D'ENTREPRISE - VÉHICULES ET STANDS DE RAFRAÎCHISSEMENTS RURAUX - HARMONISATION

COMMITTEE RECOMMENDATIONS

That Council:

.1. Approve amendments to the Licensing By-law 2002-189 as amended, to come into effect May 14, 2009 as detailed in Document 1, to:

(a) provide for the necessary administrative amendment to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode, Cumberland, West Carleton and Rideau;

(b) incorporate Schedule 28 relating to Rural Mobile Refreshment Vehicles and Stands; and

(c) provide for the licensing and regulating of Rural Refreshment Vending Vehicle or Stands operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau-Goulbourn Ward 21, West Carleton-March Ward 5.

2... Approve minor amendments to Schedules, 22, 23, 24 and 25 of the Licensing By-law 2002-189 to:

(a) include the requirement for licensees to adhere to the Fire Code under the Fire Protection and Prevention Act, 1997 (as amended);

(b) modify the method for measuring distance from a mobile refreshment vehicle or cart to a food premises to allow measurement from the building/structure to avoid the need for reference to surveys;

(c) amend the definition of mobile canteen to permit the sale of ice cream from mobile canteens, to permit the sale of ice cream products and other frozen products, and to permit their operation in residential areas; and,

(d) to make minor administrative corrections with respect to numbering sequences and mis-spelled words.

3. Repeal the relevant by-laws of former rural municipalities related to refreshment vending.

RECOMMANDATIONS DU COMITÉ

Que le Conseil :

1. approuve que les modifications au Règlement n^o 2002-189 sur les permis d’entreprise, modifié, entrent en vigueur le 14 mai 2009; lesdites modifications, telles que précisées dans le Document 1, visent à :

(a) apporter les modifications administratives nécessaires pour inclure des définitions, des catégories de permis, des droits et des dates de fin de validité des permis nouveaux, des dispositions assurant une transition harmonieuse ainsi que des dispositions abrogeant des règlements actuellement en vigueur dans les anciennes municipalités d’Osgoode, de Cumberland, de West Carleton et de Rideau;

(b) incorporer l’Annexe 28 en matière de véhicules et de stands de rafraîchissements ruraux et

(c) réglementer la délivrance de permis et régir l’exploitation de véhicules ou de stands de rafraîchissements ruraux dans les quartiers ruraux suivants : Cumberland quartier 19, Osgoode quartier 20, Rideau-Goulbourn quartier 21, West Carleton-March quartier 5.

2. approuve des modifications mineures aux Annexes 22, 23, 24 et 25 dudit Règlement n^o 2002-189, visant à :

(a) ajouter l'exigence que les détenteurs de permis se conforment aux dispositions du Code de prévention des incendies prévu par la Loi de 1997 sur la prévention et la protection contre l'incendie, modifiée;

(b) modifier la méthode utilisée pour mesurer la distance requise entre un véhicule ou un stand de rafraîchissements et des services d’alimentation, afin de permettre qu’elle soit mesurée à partir du bâtiment ou de la construction et d’éviter de devoir faire un levé de terrain;

(c) modifier la définition de cantine mobile afin de permettre de vendre de la crème glacée et des friandises glacées à partir d’une cantine mobile et d’en permettre l’exploitation dans un secteur résidentiel et

(d) apporter des corrections mineures d’ordre administratif à des séquences de numérotation et des mots mal épelés.

3. approuve l'abrogation des règlements pertinents des anciennes municipalitiés rurales en matière de vente de rafraîchissements.

Documentation

1. Deputy City Manager's report, City Operations dated 13 March 2009 (ACS2009-COS-EPS-0021).

Report to/Rapport au:

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

13 March 2009 / le 13 mars 2009

Submitted by/Soumis par: Steve Kanellakos, Deputy City Manager/

Directeur municipal adjoint,

City Operations/Opérations municipales

Contact Person/Personne ressource : Susan Jones

General Manager, Emergency and Protective Services/Service des reglements municipaux

(613) 580-2424 x25536, susan.jones@ottawa.ca

Cumberland (19), Osgoode (20), Rideau-Goulbourn (21), West Carleton-March (5)

Ref N°: ACS2009-COS-EPS-0021

SUBJECT:	LICENSING BY-LAW - RURAL REFRESHMENT VENDING – VEHICLES AND STANDS - HARMONIZATION
OBJET :	RÈGLEMENT SUR LES PERMIS D’ENTREPRISE – VÉHICULES ET STANDS DE RAFRAÎCHISSEMENTS RURAUX - HARMONISATION

REPORT RECOMMENDATIONS

That the Agricultural and Rural Affairs Committee recommend that Council:

1. Approve amendments to the Licensing By-law 2002-189 as amended, to come into effect May 14, 2009 as detailed in Document 1, to:

(a) provide for the necessary administrative amendment to include new definitions, license categories, fees and expiry dates, provisions that ensure a seamless transition, and provisions to repeal similar regulations currently in effect in former Osgoode, Cumberland, West Carleton and Rideau;

(b) incorporate Schedule 28 relating to Rural Mobile Refreshment Vehicles and Stands; and

(c) provide for the licensing and regulating of Rural Refreshment Vending Vehicle or Stands operating in the following Rural Wards: Cumberland Ward 19, Osgoode Ward 20, Rideau-Goulbourn Ward 21, West Carleton-March Ward 5

2. Approve minor amendments to Schedules, 22, 23, 24 and 25 of the Licensing By-law 2002-189 to:

(a) include the requirement for licensees to adhere to the Fire Code under the Fire Protection and Prevention Act, 1997 (as amended);

(b) modify the method for measuring distance from a mobile refreshment vehicle or cart to a food premises to allow measurement from the building/structure to avoid the need for reference to surveys;

(c) amend the definition of mobile canteen to permit the sale of ice cream from mobile canteens, to permit the sale of ice cream products and other frozen products, and to permit their operation in residential areas; and,

(d) to make minor administrative corrections with respect to numbering sequences and mis-spelled words.

3. Repeal the relevant by-laws of former rural municipalities related to refreshment vending.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’agriculture et des questions rurales recommande au Conseil :

2. D’approuver que les modifications au Règlement n^o 2002-189 sur les permis d’entreprise, modifié, entrent en vigueur le 14 mai 2009; lesdites modifications, telles que précisées dans le Document 1, visent à :

(b) incorporer l’Annexe 28 en matière de véhicules et de stands de rafraîchissements ruraux et

3. D’approuver des modifications mineures aux Annexes 22, 23, 24 et 25 dudit Règlement n^o 2002-189, visant à :

(a) ajouter l’exigence que les détenteurs de permis se conforment aux dispositions du Code de prévention des incendies prévu par la Loi de 1997 sur la prévention et la protection contre l’incendie, modifiée;

(d) apporter des corrections mineures d’ordre administratif à des séquences de numérotation et des mots mal épelés.

4. D’approuver l’abrogation des règlements pertinents des anciennes municipalités rurales en matière de vente de rafraîchissements.

EXECUTIVE SUMMARY

This report recommends new harmonized licensing regulations for Rural Refreshment Vehicles. The proposed regulations are consistent with regulations recently approved by the Council for Urban Refreshment Vehicles and also reflect regulations currently in place in Osgoode, Cumberland, Rideau-Goulbourn, and West Carleton. The proposed harmonized Rural Refreshment Vehicle regulations will streamline regulations and simplify the administrative process for staff and licensees.

In part, the proposed regulation:

· Requires that a business license be obtained to operate a rural refreshment vehicle;

· Establishes locations from which, and times during which, the vending activity may occur;

· Regulates equipment and vehicle safety standards for safety and suitability;

· Authorizes licensed Rural Refreshment Vehicle vendors to vend in rural areas only during the terms of the license (provided permission is granted)

· Requires a minimum $2,000,000 Commercial General Liability insurance coverage;

· Requires that the licensee maintain the vending area in a safe and clean condition;

· Establishes harmonized license fees; and

· Waives requirements when fundraising or selling at certain Fairs, Festivals, and Farmers’ Markets.

Advertisements notifying of the Agriculture and Rural Affairs meeting at which the report would be considered appeared in the Citizen, the Sun and Le Droit. In addition, meetings with stakeholders, and current licensees were undertaken on April 15, 2008 and February 3, 2009. Comments received were considered in the drafting of the regulations and the development of this report.

There are no significant impacts on revenue associated with the recommendations.

RÉSUMÉ

Le présent rapport recommande l’adoption de nouvelles dispositions réglementaires harmonisées en matière de véhicules de rafraîchissements ruraux. Les règlements proposés vont de pair avec ceux récemment approuvés par le Conseil visant les véhicules de rafraîchissement urbains et tiennent aussi compte des règlements en vigueur dans Osgoode, Cumberland, Rideau-Goulbourn et West Carleton. Les règlements harmonisés en matière de véhicules de rafraîchissements ruraux proposés rationaliseront la règlementation en la matière et simplifieront les processus administratifs pour le personnel municipal et les détenteurs de permis.

Le règlement proposé, entre autres :

· exige qu’un permis d’entreprise soit obtenu pour exploiter un véhicule de rafraîchissements rural;

· détermine les emplacements à partir desquels et les heures durant lesquelles l’activité de vente est permise;

· impose des normes de sécurité et d’adéquation de l’équipement et des véhicules;

· autorise l’exploitant autorisé d’un véhicule de rafraîchissements rural à vendre dans le secteur rural uniquement durant la période de validité du permis (pourvu que la permission soit accordée);

· exige une preuve d’assurance de responsabilité civile des entreprises dont la limite de garantie n’est pas inférieure à deux millions de dollars (2 000 000 $);

· exige que le détenteur de permis garde l’endroit où il vend dans un état propre et sécuritaire;

· instaure des droits de permis harmonisés et

· exempte des dispositions du règlement les collectes de fonds ou la vente à certains festivals, foires et marchés de producteurs.

Des annonces avisant le public de la réunion du Comité de l’agriculture et des questions rurales à laquelle le rapport a été examiné ont paru dans les journaux Ottawa Citizen, Ottawa Sun et Le Droit. Par ailleurs, des réunions avec les intervenants et les détenteurs de permis actuels ont eu lieu le 15 avril 2008 et le 3 février 2009. Il a été tenu compte des commentaires reçus dans la rédaction des dispositions réglementaires et du présent rapport.

Aucune incidence importante en matière de revenus n’est liée aux présentes recommandations.

BACKGROUND

Section 151 of the Municipal Act, 2001 (the “Act”) grants municipalities the authority to license, regulate and govern any business wholly or partly carried on within the municipality, even if the business is carried on from outside the municipality. In addition, the Act now allows municipalities to regulate different classes of businesses differently, including differences based on geographic areas. Licensing by-laws serve to protect the health and safety, provide nuisance control and protect consumers. Specifically, the Act empowers Council to pass licensing by-laws to regulate and govern:

(a) trades and occupations;

(b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise;

(c) the sale and hire of goods or services on an intermittent or one-time basis and the activities of the transient trader;

(d) the display of samples, patterns or specimens of goods for the purpose of sale or hire.

Refreshment Vehicle License regulations are currently in effect in former Osgoode, Cumberland, West Carleton and Rideau, and all have distinct requirements and fees. The current by-laws primarily regulate refreshment vending from a vehicle, including hand-powered, pedal-powered and motorized – which are further categorized, defined and regulated. Generally, license fees are established based on the license period (i.e. annual, special events) and various aspects related to the location from which sales occur. Vending for charitable reasons usually benefit from some type of exemption, either from the licensee fees or the regulations, or both.

On November 28, 2007, Council approved the harmonized urban – refreshment vehicle regulations for refreshment vehicle vending in the urban and suburban wards (see report entitled: “Licensing By-law – Refreshment Vehicles – Harmonization” Ref. #: ACS2007-CPS-BYL-0050).

DISCUSSION

On November 28, 2007 Council approved the harmonized urban-refreshment vehicle vending regulations for refreshment vehicle vending in the urban and suburban wards (see report entitled: “Licensing By-law – Refreshment Vehicles – Harmonized” Ref. #: ACS2007-CPS-BYL-0050). At that time, Committee was informed that staff would address regulations for refreshment vehicles in the rural areas in a separate report.

The proposed rural refreshment vehicle regulations are required to appropriately recognize the differences between refreshment vehicle vending in rural areas compared to refreshment vehicle vending in the urban and suburban areas. Specifically, the proposed regulation provide for greater flexibility in regulating the sale of home-grown produce within the rural wards. The regulations exempt local farmers from the regulations provided they sell their own produce and have proof that the property owner has granted them permission to sell from the property.

By-law and Regulatory Services recommends that the proposed harmonized by-law Schedule and licensing fees, attached as Document 1, be enacted in order to streamline the regulations and to facilitate administration and enforcement as well as to simplify the process for licensees. The proposed regulations reflect the intent of those currently in place in Osgoode, Cumberland, West Carleton and Rideau and will apply to all Refreshment Vehicle vending in the prescribed rural areas of the City. The proposed regulations also are intended to represent consistent and fair rules across the City and serve to protect public health and safety, control nuisance and protect consumers.

Recommendation 1(a) – Amending By-law to provide necessary administration amendments, including addition of new definitions, license categories, fees and expiry dates, as well as transition provisions.

In order to give effect to the proposed regulations, the general provisions and definition sections of Licensing By-law 2002-189 need to be amended to incorporate additional definitions that will help distinguish the types of Refreshment Vehicles regulate.

The Rural Refreshment Vehicle is defined as a hand-powered vehicle, pedal-powered vehicle, motor vehicle or trailer from which refreshments are carried, offered for sale or sold for consumption to the public in rural areas. For the purpose of licenses issued prior to May 14^th 2009, the proposed regulations will also include a motor vehicle that once operated under its own power, any other vehicle or a train car, in rural areas.

The proposed license categories and classes under the proposed Schedule, which are outlined in the table below and detailed in Document 1, simplify the licensing process for all rural refreshment vendors.

Currently, under existing regulations, licensees are required to obtain a license for each special event at which they wish to sell. Further, licenses issued under existing by-laws enacted in former municipalities are only valid for the area regulated by the former by-law. The proposed regulation will allow selling at any special event occurring within the prescribed rural wards provided permission is granted by the event organizer. Under the proposed regulation, an annual license is valid for a particular location and for special events for the term of the license, and a Special Event License limits the licensee to a specific event lasting not more than 30 days.

Adoption of the proposed rural regulations will result in fewer applications and promote service efficiencies for both the licensee and staff.

Under the refreshment by-law for the former Township of Goulbourn the number of permitted refreshment businesses was limited to seven (7) specific addresses. Staff proposes to eliminate this limitation and impose distance regulations of six hundred (600) metres between rural refreshment vendors. The former Township of Osgoode had a distance regulation of three hundred (300) metres between refreshment vendors. In consultation with current licensees, a distance regulation of one kilometre from one rural refreshment vendor to the next was suggested. Staff felt that this distance was too large and would in effect continue to limit the number of licensees, as such the compromise of 600 metres is proposed. This will permit any new refreshment vehicle operators to enter the business without significantly impacting current licensees.

The proposed fees aim to recover the costs associated with administration, inspection and enforcement, and is an approximate average of the fees charged under the current by-laws. Although the proposed fees represent an increase for some licensees, that increase will be offset by the fact that licensees will have access to vending opportunities in all rural wards of the City.

Proposed Fees, Terms, and Expiry Dates:

Description of License	*License Fee$	Expiry Date
License “A” Annual	400.00	May 14^th
License “B” Six Months	250.00	8 consecutive months from issuance
License “C” Special Event	100.00	Termination of the event (1-30 days)

*The standard $50.00 processing fee will continue to apply.

It is proposed that the annual expiry date of all refreshment licenses be set at May 14 as it meets the needs of the majority of licensees who prefer to obtain their licenses during that time frame.

Recommendation 1(b) – Schedule 28 relating to Rural Refreshment Vehicles and Stands

Licensing By-law 2002-189 will be amended to provide for the following definitions:

“rural wards” in this by-law means wards 5- West Carleton March, 19- Cumberland, 20-Osgoode and 21-Rideau-Goulbourn

“rural refreshment vehicle” means a hand-powered vehicle, pedal-powered vehicle, motor vehicle or trailer from which refreshments are carried, offered for sale or sold for consumption to the public, only in the rural wards. For the purpose of licenses issued prior to April 1^st 2008 also includes a motor vehicle that once operated under its own power, any other vehicle or a train car.

“rural refreshment stand” means a temporary structure from which food products or beverages are cooked, carried or offered for sale to the general public and includes a stand, table, booth, trailer, tent or kiosk or other similar structure at special events only and only in the rural wards.

Motor Vehicles

Staff proposes that all new rural refreshment vehicles be licensed as motor vehicles pursuant to the Highway Traffic Act or as trailers, with a vehicle capable of towing the trailer accessible at all times. That is, all vehicles and carts must be capable of easy relocation by the vendor. It is also proposed that no structures be built around or adjacent to a rural refreshment vehicle that could possibly hinder its mobility. Stairs to a refreshment vehicle are permitted if necessary, but they must not impede the vehicle’s mobility.

The foregoing standards shall not apply to existing licensees whose rural refreshment vehicles do not meet the standards currently. Should the licensee replace or relocate the business however, the new standards will apply. The mobility-related standards are intended to eliminate the opportunity for operations to become permanent structures, which would constitute a different license category with additional requirements, such as washroom facilities. Other by-law provisions allow licensees to operate at any rural event in the City without the need for an additional license, which will act as an incentive to ensure their business is mobile.

Conditions of Issuance of a License

The conditions for issuance of a Rural Refreshment Vehicle license in the proposed by-law Schedule are similar to those currently in place, including the requirement for applicants to be at least eighteen years of age, to file proof of commercial general liability insurance, to comply with applicable Zoning By-law requirements and health regulations, and to provide written authorization from the property owner or occupant where an applicant proposes to vend on private property. If the applicant proposes to vend from a vehicle, it must be inspected to ensure that it complies with all standards and dimensions. Further, an applicant who proposes to vend at a special event must provide details about the special event, including its location, duration, and the contact information for the event organizer. The proposed by-law and Schedule (Document 1) outline the conditions in greater detail.

Applicants for a Rural Refreshment Vehicle License must also provide a current photograph of the vehicle, its dimensions and information about the equipment type as well as a description of any other accessories to be used in the business.

Location restrictions

A vendor’s equipment has the potential to block visibility for pedestrians and motorists, and create an unsafe situation. Minimum distance regulations, as outlined below, are therefore proposed to ensure public safety. No vendor is permitted to locate or operate a refreshment cart or vehicle:

· within 150 metres of a Food Premises selling the same or similar products;

· in a residential zone as specified by the applicable Zoning By-law (except for ice cream vehicles);

· within 9 metres of an intersection;

· within 10 metres of a bus stop;

· within 600 metres of another vendor; or,

· within 6 metres of a pedestrian mall or promenade.

Vehicle and Equipment Standards

Under the proposed by-law Schedule all vehicles are required to be purpose-built of a suitable design and to be safe and stable, with or without goods contained in the vehicle. Licensees are required to keep their vehicles in a clean and sanitary condition, and in good repair at all times. Any refreshment business operating from a trailer is required to have a motor vehicle capable of towing the trailer at all times. The proposed standards will be consistent for all refreshment licenses.

Motor Vehicle Dimensions

The establishment of vehicle dimensions is being proposed to create a standard for all vehicles in order to address safety, aesthetics and fair competition. The proposed maximum dimensions for motor vehicles operating as rural mobile refreshment vehicles are ten (10) metres in length by 2.6 metres in width by 4.3 metres in height.

Hand-Powered or Pedal-Powered Vehicle Dimensions

There are not many vendors in the rural areas that operate from hand-powered or pedal-powered vehicles on an annual basis. However these types of vehicles are popular at special events. The proposed dimensions for such vehicles is three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height and is the same standard for the urban and suburban wards.

Rural Refreshment Stands

Rural Refreshment Stands will only be permitted at Special Events, as the intention is for all rural refreshment vehicles to be mobile.

Insurance

Commercial General Liability insurance in the amount of no less than $2 million will be required for all motor vehicles and trailers operating as rural mobile refreshment vehicles. Due to the mobile nature of the refreshment vehicle businesses, $2 million is deemed appropriate coverage to ensure public safety. On the advice of Legal Services, an indemnification clause is also being proposed.

Commercial General Liability insurance in the amount of no less than $2 million will be required for all hand-powered or pedal-powered vehicles or stands operating as rural mobile refreshment vehicle, which is deemed appropriate coverage to ensure public safety. On the advice of Legal Services, an indemnification clause is also proposed.

Exemptions

The By-law is intended to not hinder those who wish to raise money for the purpose of community betterment or charitable purposes. Further, other exemptions are anticipated provided the event has been found to have little or no associated health or safety concerns, no history of related requests for service regarding nuisance, and no evidence that they have caused “consumer protection” concerns. In most cases the requirement for a health inspection will continue to apply through the Health Protection and Promotion Act.

Staff proposes to exempt rural refreshment vendors from the regulations, when operating at:

· farmers’ markets and events that are sponsored by and benefit farmers’ markets;

· agricultural fairs and events that are sponsored by and benefit agricultural fairs;

· the Central Canada Exhibition; and,

· fundraisers for charitable and not-for-profit organizations that operate solely for cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiatives for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person.

Despite the foregoing exemptions to the licensing requirement, exempted rural refreshment vendors operating at the above-noted events must comply with all other applicable municipal, provincial and federal regulations.

Prescribed Rural Wards

The proposed regulations benefit refreshment vehicle vendors who intend to vend in the Rural Wards only. The prescribed Rural Wards include: Cumberland Ward 19, Osgoode Ward 20, Rideau-Goulbourne Ward 21, and West Carleton-March Ward 5.

Refreshment Vehicle vendors who wish to vend in both the Rural Wards and the Suburban and Urban Wards of the City would be better served by obtaining a Refreshment Vehicle License that will permit the licensee to vend throughout the entire City limits.

Recommendation 2(a) Minor Amendments to Schedules 22, 23, 24 and 25

It is proposed that the above-noted Schedules of the Licensing By-law 2002-189 be amended to include under the Conditions for Issuance of Schedules 22, 23, 24 and 25 the requirement for all licensees to adhere to the Fire Code under the Fire Protection and Prevention Act, 1997.

Recommendation 2(b) Minor Amendments to Method of Measurement in Schedules 22, 23, 24 and 25

It is necessary to amend the above-noted Schedules of the Licensing By-law 2002-189 with respect to the method for measuring the minimum distance from a mobile refreshment vehicle, cart, canteen or stand to a food premises. The present method involves measurement taken from the property line which requires Officers to have a survey of each property when they visit the vending site. A change in the measurement methodology to allow measurement from the structure or building itself will simplify and streamline the process, and is recommended by staff.

Recommendation 2(c) Minor Amendments

It is recommended that minor amendments be permitted to address the correction of minor number sequencing errors and typos that occurred in Schedules 22, 23, 24 and 25 of the Licensing By-law 2002-189.

Recommendation 3 - Amend the definition of mobile canteen of Licensing By-law 2002-189

Mobile Canteens generally service construction and industrial sites to provide food services in areas where food is not easily accessible. Mobile Canteen Vehicles typically vend to individuals at their place of employment and not to the general public. An amendment to the definition of Mobile Canteens in the Licensing By-law would permit ice cream products and other frozen products to be captured under this category. An amendment would also be included to permit the operation of Mobile Canteens operating as ice cream trucks to operate within residential areas, provided that they do not remain at one location for longer than ten minutes. The proposed amended definition is as follows:

“mobile canteen” means a vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended from which food products and beverages that are prepared or cooked elsewhere than in the motor vehicle are sold for immediate consumption to individuals at their place of employment or in the case of ice cream and frozen flavoured water products also sold in residential areas, as long as the vehicle does not remain more than 10 minutes at a particular location.

Repeals

The proposed regulations apply within the rural areas of the City as prescribed above. Accordingly, existing by-laws and regulations enacted in former rural municipalities must be repealed. The proposed amending by-law provides for the repeal of the regulations being replaced by proposed Schedule 27 as detailed in Document 1.

RURAL IMPLICATIONS

The proposed by-law schedule will address refreshment vehicle vending only in rural areas and is intended to harmonize, streamline and simplify licensing for vending businesses in the rural wards.

CONSULTATION

An advertisement notifying the public of the Agriculture and Rural Affairs Committee meeting at which the recommendations would be considered and inviting comments, appeared in the Ottawa Citizen, the Ottawa Sun and Le Droit on March 13 and March 20, 2009. In addition, meetings with stakeholders, and current licensees were undertaken. Comments from those groups were considered during the development of the report.

A notice was sent to all currently licensed rural refreshment licensees advising them of the potential amendments to the existing regulations and inviting them to a meeting on April 15, 2008 and February 3, 2009 to discuss and comment on those amendments. Twenty vendors attended and were in general agreement with the proposals. The comments received were incorporated into the recommendations accordingly.

FINANCIAL IMPLICATIONS

There are no significant impacts on revenue associated with this recommendation.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal or risk management implications associated with the implementation of the recommendations of this report. There is sufficient legal authority in the Municipal Act, 2001 to implement the proposed by-law regulations.

CITY STRATEGIC DIRECTIONS

The recommendations have no impact on the City’s Strategic Directions.

SUPPORTING DOCUMENTATION

Document 1- Draft Amending By-law and Schedule 28 Relating to Rural Refreshment Vehicles and Stands.

DISPOSITION

Legal Services Branch, in consultation with the By-law and Regulatory Services Branch, to process the by-law to Council for enactment.

By-law and Regulatory Services Branch to provide for any necessary notification.

Schedule No. 28

Relating to Rural Refreshment Vehicles,

Rural Mobile Canteens and Rural Refreshment Stands

LICENSE REQUIRED

1. (1) The following rural refreshment licenses may be issued pursuant to this Schedule:

(a) a License “A,” an annual license to a person operating a rural refreshment vehicle as a rural refreshment vehicle, rural mobile canteen, or a rural refreshment stand in the rural area from a particular location on private property or at one or more rural special events from May 15^th to May 14^th of the following year;

(b) a License B,” a eight consecutive month license to a person operating a rural refreshment vehicle as a rural refreshment vehicle, rural mobile canteen, or a rural refreshment stand in the rural area from a particular location on private property or at one or more rural special events;

(c) a License “C,” a rural special event license to a person operating a rural refreshment vehicle, as a rural refreshment vehicle, rural mobile canteen or a rural refreshment stand a rural special event with a duration of one (1) to thirty (30) consecutive days.

(2) Every person who operates a rural refreshment vehicle, rural mobile canteen or a rural refreshment stand shall obtain a license of the appropriate category.

(3) Every person who operates a rural refreshment vehicle, rural mobile canteen or a rural refreshment stand shall obtain a separate license for each rural refreshment vehicle, rural mobile canteen and rural refreshment stand.

(4) Licensees having rural vending licenses issued by a former municipality that originally permitted vendors to operate on the highway in accordance with the by-law or documented written agreement shall be permitted to continue their operation at their location until such time as they cease operation of their business, and the vending location will then cease to exist. Such licenses will be non-transferable, except to an immediate family member, namely a spouse, son, daughter, brother, sister or parent.

(5) Despite paragraphs (a) and (b) of subsection 1(1), rural refreshment vehicles licensed prior to May 14, 2009 that were not required to be mobile pursuant to the licensing by-law of the formerly-existing municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the rural refreshment vehicle.

(6) The use of a rural refreshment stand shall only be permitted for rural special events.

EXEMPTIONS

2. (1) Subsection 1 (2) does not apply to:

(a) farmers’ markets and events that are sponsored by and benefit farmers’ markets;

(b) public markets managed by the City;

(d) the Central Canada Exhibition;

(e) fundraisers for charitable and not-for-profit organizations that operate solely for cultural or religious goals, social welfare, civic improvement, recreation, amateur sport or any other similar community enhancement initiatives for any purpose except profit, and any profits or economic advantages which are received by it are used to promote its objectives and not used for the personal gain of any of its members or of any other person;

(f) a farmer selling his or her own locally grown produce;

(g) despite subsection (e), individual vendors participating in an event for fundraising purposes that do not donate all of their profits to the charity or not-for-profit organization for which the event is being held shall require a license.

(2) No holder of a license “A,” “B” or “C” issued under this Schedule shall be permitted to sell at a rural special event unless the licensee:

(a) has notified the Chief License Inspector of:

(i) his or her intention to vend at the rural special event;

(ii) the description of the rural special event including its location, duration and hours of operation; and

(iii) the name and telephone number of the promoter of the rural special event;

(b) has written proof that he or she is permitted to operate at the rural special event;

(d) the license is valid at the time of and for the duration of the rural special event.

(3) The operator of a rural refreshment vehicle, rural mobile canteen or a rural refreshment stand must comply with all municipal, provincial and federal acts, regulations and by-laws.

(4) The provisions of this Schedule only apply in the rural area.

CONDITIONS FOR ISSUANCE

3. (1) No applicant for an “A”,“B” or “C” rural refreshment vehicle, rural mobile canteen, or a rural refreshment stand license, shall be issued a license unless:

(a) the applicant is at least eighteen (18) years of age;

(b) the applicant has indicated on the application the type of rural refreshment operation for which the license is sought;

(i) a recent colour photograph of the rural refreshment vehicle to be used in the business;

(ii) the type of heating and cooking equipment used;

(iii) the maximum height, length, width and depth of the rural refreshment vehicle;

(iv) other equipment to be used in the business; and

(v) the make, model, style and serial number of the rural mobile refreshment vehicle where applicable;

(d) where applicable, the applicant has provided a certificate issued no more than sixty days prior to the application date and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000 S.O. 2000, c.16, as amended, with respect to the rural refreshment vehicle;

(e) the applicant has filed proof of insurance in accordance with the requirements of Section 8;

(f) the applicant has met all requirements of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and of any applicable Regulations enacted thereunder;

(g) the Medical Officer of Health has reported in writing that the rural refreshment vehicle, rural mobile canteen or rural refreshment stand is suitable for the purpose of the vending operation in the license application and is in a sanitary condition;

(h) the Chief License Inspector has reported in writing that the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand and its equipment are suitable for the vending operation noted in the application;

(i) the rural refreshment vehicle, rural mobile canteen or rural refreshment stand comply to the requirements of the Fire Code and the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended;

(j) where an applicant is applying for a class “C” license, the applicant has furnished details to the Chief License Inspector outlined in subsection 2 (2);

(k) if applying to sell on private property, the applicant has filed written proof with the Chief License Inspector that the owner of the property has granted permission to the applicant for the use of the property for the vending business indicated on the application, the duration and conditions of permission, the name and telephone number of the owner or occupant of the property;

(l) the location from which the applicant proposes to operate the rural refreshment vehicle complies with the applicable zoning by-law and will not contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation;

(m) in the case of a motor vehicle operating as a rural refreshment vehicle the applicant is the holder of a current motor vehicle permit issued pursuant to the said Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, that permits the vehicle to be driven on any highway, where applicable; and

(n) the applicant has paid the fees set out in Schedule “A”.

CONDITIONS FOR RENEWAL OF LICENSE

4. (1) The Chief License Inspector may require the licensee to submit his or her rural refreshment vehicle, rural mobile canteen or a rural refreshment stand and equipment for inspection by the Chief Medical Officer of Health, at any reasonable time during the current license period.

(2) The Chief License Inspector may require that a rural refreshment vehicle operator prove that the vehicle being used for the vending activity is capable of mobility under its own motor power.

(3) Despite subsection 4(2), the Chief License Inspector may require the operator of a trailer operating as a rural refreshment vehicle to prove that the trailer is capable of being immediately towed by a motor vehicle upon request.

(4) Despite subsection 4 (2) and (3), rural refreshment vehicles licensed prior to May 14, 2009 that are currently not mobile pursuant to the licensing by-law of the former municipality from which they obtained the license, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle.

(5) The Chief License Inspector may waive any or all of the requirements listed in Section 3 where the Chief License Inspector determines that any or all of the requirements do not apply.

(6) The licensee shall ensure that prior to the expiration of the license, his or her rural refreshment vehicle, rural mobile canteen or rural refreshment stand and vending equipment is submitted for inspection, where applicable, to,

(a) the Medical Officer of Health; and

(b) the Chief License Inspector

as if the applicant was filing an original application.

(7) The licensee must comply with the applicable requirements of Section 3.

REFUSAL OF LICENSE

5. In addition to Section 21 of the by-law, the Chief License Inspector may refuse to issue

or renew a license pursuant to this Schedule if,

(a) an inspection or inspections reveal that the site conditions are deemed

inappropriate or unsuitable for the business;

(b) an inspection or inspections reveal that the rural mobile refreshment vehicle, or equipment used for vending do not meet the regulations of this Schedule;

(c) the Medical Officer of Health has not reported in writing that the rural mobile refreshment vehicle or vending equipment is suitable for the purpose of the license application and is in sanitary condition;

(d) the location from which the applicant proposes to operate the rural mobile refreshment vehicle does not comply with the applicable zoning by-law and will contravene zoning use or lead to a deficiency in required parking and proper vehicular circulation;

(e) the certificate provided by the applicant and issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act 2000, S.O. 2000, c.16, as amended, with respect to the vehicle, does not meet the provisions of this by-law;

(f) where applicable, the mobile refreshment vehicle is not capable of mobility under its own motor power or the trailer is not capable of mobility while hitched to a motor vehicle capable of towing the trailer used as a mobile refreshment vehicle; or

(g) the Chief License Inspector has reported that the mobile refreshment vehicle or vending equipment is unsuitable for the purpose of the license application and is in an unsafe condition.

ISSUANCE OF LICENSE

6. (1) The Chief License Inspector shall furnish a plate or decal bearing an identifying number for a license “A” or “B” as the case may be.

(2) The Chief License Inspector shall furnish a license certificate for a “A”, “B” and “C” license.

(3) Every licensee operating under an “A” or “B” license shall ensure that the decal furnished pursuant to subection (1) is properly affixed to the upper right corner of the plate and that the plate is attached to the right rear of the rural refreshment vehicle for which it has been issued, so as to be clearly visible to the public during the currency of the license.

(4) Every licensee shall ensure that the license issued by the Chief License Inspector is posted on or in the rural refreshment vehicle, rural mobile canteen or rural refreshment stand and visible to the public;

(5) Every person who vends under the authority of a license shall ensure that he or she has the original license in his or her possession.

(6) Every person who vends under the authority of a license shall ensure that the license corresponds with the plate or decal furnished by the Chief License Inspector pursuant to subsection 6(1).

(7) Every licensee shall produce the license for inspection when so requested by a By-law Officer or a Peace Officer.

(8) Every licensee who ceases to operate the business permanently shall return the plate to the Chief License Inspector within fifteen (15) business days.

(9) A license certificate issued pursuant to subsection (2) shall indicate the location in the rural area at which the licensee is authorized to operate.

(10) No person shall operate a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand at a location other than that indicated on the license certificate without having first obtained the approval of the Chief License Inspector.

APPROVALS REQUIRED TO VEND FROM A PARTICULAR LOCATION

7. (1) The issuance of a license to operate a rural refreshment vehicle, rural mobile canteen or a rural refreshment stand does not constitute the granting of authority to vend on any of the highways in the City.

(2) The issuance of a license to operate a rural refreshment vehicle, rural mobile canteen or a rural refreshment stand does not constitute the granting of authority to vend on private property.

(3) The onus of obtaining the necessary approval to vend from a particular location on private property from the owner of such property is solely on the licensee.

(4) No person shall vend on private property of the City without first obtaining the written permission from the City.

(5) Licensed rural refreshment vehicle, rural mobile canteen, or a rural refreshment stand operators who are participating in a special event on a highway that is carried on under the authority of a permit issued pursuant to By-law No. 2001-260, entitled “A by-law to regulate special events on City streets”, as amended, may vend within the special event area.

(6) No person shall vend on private property without the written consent of the owner or occupant of such property.

(7) No person shall vend on the street or sidewalk without a valid permit, or authorization, to do so.

(8) No person shall locate or operate a rural refreshment vehicle:

(a) within one hundred and fifty (150) metres of food premises selling the same or similar products;

(b) in a residential area not permitted by the applicable Zoning By-law;

(d) within ten (10) metres of a bus stop; or

(e) within six hundred (600) metres of another vendor.

(9) Despite paragraph (e) of subsection 8, any rural refreshment vendors who are currently in operation at a distance of less than four hundred (600) metres from another refreshment vendor shall be permitted to continue operating at the location provided that the Chief License Inspector has provided approval for the location.

(10) For the purposes of this Schedule, the distance from a food premises is measured to the front door for a food premises in a stand-alone building, and to the closest door in the case of a shopping plaza, shopping centre or similar shopping area.

(11) Despite subsection (8) (a), the Chief License Inspector may provide approval to a licensee to operate less than one hundred and fifty (150) metres from a food premises selling the same or similar products provided that the licensee obtains a written letter from the owner or operator of affected food premises stating that he or she has no objection to the operation of the rural refreshment vehicle at the intended location and that a copy of this letter is provided to the Chief License Inspector at the time of application and annually upon renewal of the license.

(12) A rural refreshment vehicle or a rural mobile canteen vending ice cream and frozen flavoured ice products is exempt from subsection 8(b).

(13) The Chief License Inspector may require that a licensee relocate his or her rural mobile refreshment vehicle by presenting a written notice indicating the reason for the request for relocation and indicating when the relocation must be completed.

INSURANCE

8. (1) Every owner or operator of a rural refreshment vehicle, rural mobile canteen or rural refreshment stand shall file with the Chief License Inspector prior to the issuance of the license or renewal proof of Commercial General Liability insurance subject to limits of not less than $2,000,000.00 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and including damage occasioned by any accident arising out of the operation of the rural mobile refreshment vehicle for which a license has been applied for or obtained.

(2) The insurance required under subsection (1) shall be in the name of the applicant or licensee and shall name the City of Ottawa as an additional insured thereunder. Such insurance policy shall contain an endorsement to provide the City of Ottawa with thirty (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a license.

INDEMNIFICATION

9. The licensee shall indemnify and save harmless the City of Ottawa from and against any and all claims, demands, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the licensee of his or her obligations under the license whether with our without negligence on the part of the licensee, the licensee’s employees, directors, contractors and agents.

LICENSE TRANSFER

10. (1) No license issued pursuant to this Schedule shall be transferred from person to person in any manner, including leasing agreement and assignment.

(2) No person shall transfer a license issued pursuant to this Schedule in any manner, including leasing agreement or assignment.

(3) Despite subsections (1) and (2), any license granted by a former municipality that permits a licensee to operate on the City highway shall be transferable to the licensee’s spouse, brother, sister, son or daughter provided that the following information is provided to the Chief License Inspector prior to the transfer:

(a) an affidavit from either of the original licensee or the prospective licensee attesting that he or she is the parent, child or sibling of the other, as the case may be, and

(b) a valid photo identification of the prospective licensee.

(4) Should the original licensee or the prospective licensee pursuant to subsection (3) cease to operate or re-locate the licensed business, the location for which the original license was obtained shall cease to exist.

LOCATION TRANSFER

11. Location transfers may be permitted with the prior approval of the Chief License Inspector.

RURAL MOBILE REFRESHMENT VEHICLE AND STAND STANDARDS

12. (1) A motor vehicle, hand-powered vehicle, pedal-powered vehicle, any other vehicle or stand operating as a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand shall be purpose-built and suitably designed for the licensed business.

(2) A motor vehicle, hand-powered vehicle, pedal-powered vehicle, and any other vehicle or stand operating as a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand shall be safe and stable with or without goods contained therein.

(3) Every licensee shall at all times keep his or her rural refreshment vehicle, rural mobile canteen, or rural refreshment stand in a clean and sanitary condition and in a state of good repair and appearance.

(4) No person who vends from a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand shall use:

(a) an external gasoline-powered generator;

(b) an external propane-powered generator;

(d) an external natural gas-powered generator,

in conjunction with the vending activity.

(5) Every licensee operating a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand shall have attached or painted on two sides of the exterior body of the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand, in a clearly visible position, a sign showing his or her trade name and address, legibly printed in letters and figures not less than seven (7) centimetres in height.

(6) Every licensee operating a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand having a food heating capability, food cooking capability or electric heater shall ensure that his or her rural mobile refreshment vehicle, rural mobile canteen, or rural refreshment stand, is adequately equipped with a fire extinguisher consistent with the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended and Regulation 213, as amended, enacted thereunder, and any other Regulation enacted in substitution therefor.

(7) No licensee shall operate from a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand having visible rust.

(8) Where reports have been received from the Medical Officer of Health in respect of the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand, and the Chief License Inspector has issued the license based on the reports, the licensee shall ensure that no modifications are made to the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand, or equipment related to the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand operation, without the prior approval of the Chief License Inspector.

(9) No licensee shall allow modifications to the equipment used in the licensed business without the prior approval of the Chief License Inspector.

MOTOR VEHICLE AND TRAILER EQUIPMENT STANDARDS

13. (1) Every licensee shall ensure that any motor vehicle operating as a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand, that is licensed as a motor vehicle pursuant to the Highway Traffic Act R.S.O. 1990, c. H.8, is at all times capable of immediate relocation by the operator upon being directed so to do.

(2) Despite subsection (1), a trailer shall be permitted, however a motor vehicle sufficient to tow the trailer must remain accessible at all times during operation.

(3) Despite subsections (1) and (2), rural refreshment vehicles licensed prior to June 1, 2008 that were not required to be mobile pursuant to the licensing by-law of the former municipality from which the license was obtained, shall not be required to be mobile until such time as the licensee changes locations or replaces the vehicle.

(4) No licensee shall construct a structure or cause a structure to be constructed around or adjacent to a rural refreshment vehicle, rural mobile canteen, or rural refreshment stand that would prevent the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand, from being easily relocated.

(5) Every rural refreshment vehicle or rural mobile canteen that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, may have a canopy that extends beyond the dimensions of the vehicle provided that:

(a) the extension of the canopy is at the height of not less than two point two (2.2) metres measured from the ground;

(b) the extension of the canopy does not extend beyond the dimensions of the vehicle by more than one (1) metre on any one (1) side; and

DIMENSIONS OF A MOTORIZED RURAL REFRESHMENT VEHICLE

14. (1) No person shall use a rural refreshment vehicle or rural mobile canteen that exceeds the dimensions of ten (10) metres in length by two point six (2.6) metres in width, by four point three (4.3) metres in height.

(2) For the purposes of subsection (1), a deck and a secondary structure shall not be included in the measurement provided the deck or secondary structure is not permanently attached to the vehicle or trailer used as as rural refreshment vehicle or rural mobile canteen.

(3) Despite subsection (1), any motor vehicle or trailer operating as a rural refreshment vehicle or rural mobile canteen pursuant to a license issued prior to May 14, 2009 that exceeds the prescribed size dimensions shall be permitted to operate until such time as the licensee changes locations or replaces the vehicle.

(4) The dimensions prescribed in subsection (1) do not apply to a hand-powered or pedal-powered vehicle operating as a rural refreshment vehicle or rural mobile canteen.

HAND-POWERED AND PEDAL-POWERED VEHICLE EQUIPMENT STANDARDS

15. (1) Every hand-powered vehicle shall,

(a) have,

(i) at least two (2) wheels;

(ii) two (2) handles or a push-bar; and

(iii) a body that is not higher than one point two (1.2 ) metres as measured from the ground to the top of the body;

(b) be mobile so that it may be pulled or pushed by hand by the person who is vending; and

(2) The hand-powered vehicle may have a canopy or umbrella so long as the canopy conforms to the provisions of subsection (3) or (4), whichever is applicable.

(3) The canopy may extend beyond the dimensions of the hand-powered vehicle prescribed by Section 11 provided that:

(a) the extension of the canopy is of a height of not less than two point two (2.20) metres measured from the ground;

(b) the extension of the canopy does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side; and

(4) Despite subsection (3), where the canopy is an umbrella it may extend beyond the prescribed dimensions provided that:

(a) the diameter of the umbrella does not exceed two point three (2.3) metres;

(b) the outside perimeter of the umbrella does not extend beyond the said dimensions by more than sixty-five (65) centimetres on any one (1) side;

(c) the extension of the umbrella is at the height of not less than two point two (2.20 ) metres measured from the ground; and

(d) the umbrella is securely attached to the rural refreshment vehicle.

(5) A table with castors shall not constitute a hand‑powered vehicle.

(6) The maximum height of the display of goods on or in the hand-powered vehicle shall not exceed a height of one point four (1.4) metres as measured from the ground to the top of the display.

(7) No person shall operate a hand-powered or pedal-powered vehicle as a rural refreshment vehicle unless the vehicle is capable of immediate relocation by the user.

(8) No person shall vend with or from a hand-powered vehicle that does not comply with the provisions of this Section.

DIMENSIONS OF HAND-POWERED OR PEDAL-POWERED VEHICLES

16. (1) No person shall use a hand-powered or a pedal-powered vehicle that exceeds the dimensions of three (3) metres in length, by one (1) metre in width, by two point five (2.5) metres in height.

(2) Subsection (1) does not apply to a person operating a hand-powered or pedal-powered vehicle as a rural refreshment vehicle for vending on private property provided the entire vending activity is on private property and approved by the Chief License Inspector.

(3) No person shall use for vending a hand‑powered or pedal-powered vehicle that is:

(a) not structured so as to be safe and stable with or without refreshments therein, or

(b) not capable of easy relocation by the user.

GENERAL REGULATIONS

17. (1) No licensee shall carry, sell, offer or expose for sale any food product that is prohibited by the Medical Officer of Health, or by-law, Act or Regulation.

(2) No licensee shall fail to comply with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and regulations enacted thereunder.

(3) No licensee or a person who vends under the authority of a license shall fail to produce the following documentation when so requested by a By-law Officer or a Peace Officer:

(a) a copy of the valid refreshment license authorizing the vending activity;

(b) if vending at a rural special event, a copy of the permission from the promoter of the event including the name and telephone number of the promoter, indicating that the licensee is authorized to vend during the rural special event;

(c) if vending on private property, a copy of the permission of the owner of the property including the name and telephone number of the property owner, indicating that the licensee is authorized to vend on the property and any conditions related to the permission if any;

(d) if applicable under this by-law, a certificate issued pursuant to the Propane, Storage and Handling Regulations under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16. as amended; and

(e) a copy of the certificate from the Medical Officer of Health.

(4) No licensee shall fail to submit the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand, for an inspection if requested to do so by a By-law Officer or a Peace Officer.

(5) Every licensee shall take prompt measures to reduce or eliminate nuisances created by the business when so directed by a By-law Officer or a Peace Officer.

(6) Every licensee shall ensure that he or she conforms to all municipal by-laws and that he or she does not:

(a) interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the highways in the City;

(b) interfere with a designated fire route pursuant to By-law No. 2003-499, as amended, the Designated Fire Routes By-Law;

(d) interfere with required parking spaces, private approaches, accesses or egresses to buildings or premises.

(7) Every licensee who is vending on private property shall ensure that the vending activity is set back from the highway so as not to create a traffic hazard.

(8) Every licensee shall ensure that any grease or water used in the business is disposed of in a manner that complies with all municipal, provincial and federal statutes, laws, by-laws and regulations.

(9) No person shall fail to relocate the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand, immediately upon being so directed by the Chief License Inspector or a Peace Officer.

(10) Every licensee shall ensure that he or she conforms, where applicable, to:

(a) the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended;

(b) By‑law No. 2003-530, being a by‑law of the City of Ottawa regulating traffic and parking on highways, as amended; and

(11) No person shall cook food products in a rural refreshment vehicle, rural mobile canteen, or a rural refreshment stand unless:

(a) the vehicle or stand and equipment are approved by the Medical Officer of Health; and

(b) the Chief License Inspector is notified, in writing, that food is being cooked or prepared in the rural refreshment vehicle, rural mobile canteen, or rural refreshment stand.

(12) No person operating as a rural refreshment vehicle or a rural mobile canteen shall vend from a rural refreshment vehicle, or a rural mobile canteen in any area designated as a “residential area” in the applicable Zoning By-law except on a construction site during periods of construction, but this does not include a single site for the construction of housing in an already established neighbourhood.

(13) Despite subsection (12), the vending of only ice cream and frozen flavoured water products by a rural refreshment vehicle operator, or as a rural mobile canteen shall be permitted within a “residential area”.

(14) Any holder of a rural refreshment vehicle or rural mobile canteen license may remain up to thirty (30) minutes at a location on a street, subject to By‑law No. 2003-530 entitled, "A by‑law of the City of Ottawa regulating traffic and parking on highways", as amended, at a construction site or place of employment provided that the majority of the licensee active vending time in any one (1) day is spent on private property and that there are no food premises that sell the same or similar food products within one hundred and fifty (150) metres of said vending location.

(15) No person shall fail to submit for inspection any equipment or vehicle upon being so directed by the Chief License Inspector.

REQUIREMENT FOR GARBAGE OR LITTER CONTROL

18. (1) Every licensee shall ensure that a sufficient number of trash receptacles are placed outside the rural refreshment vehicle, rural mobile canteen, and rural refreshment stand at suitable locations to keep up with the amount of trash generated by the vending operation.

(2) Every licensee shall ensure that the trash created by the vending activity is disposed of in accordance with applicable waste by-laws, Acts and Regulations, and as required to prevent trash overflow.

(3) Every licensee shall ensure that the trash resulting from his or her vending activity is collected and removed from the vending activity ceases for the day.

(4) For the purposes of this Section, the placing of the trash in a sidewalk refuse container provided by the City is not sufficient to constitute removal.

(5) Every licensee shall ensure that the garbage receptacle placed outside the vehicle is removed from vending area and that the trash is disposed of in a proper manner when the business closes at the end of the day.

REPRESENTATION

19. (1) No person shall publish or cause to be published any representation that the person is licensed under this by-law if they are not so licensed.

(2) No person to whom a license has been issued to under this by-law shall alter, erase or modify or permit the alteration erasure or modification of that license or any part thereof, unless approved by the Manager of Licensing of the City or designate who has initialized the change.

Column 1 Description of License	Column 2 License Fee$	Column 3 Expiry Date
Rural Rural refreshment vehicle
License “A” Rural Annual	400.00	May 15^th
License “B” Rural 8 Months	250.00	Last day of eighth consecutive months
License “C” Rural Special Event (30 Days)	100.00	Termination of the event