Business Licensing Schedule A 5. For the purposes of this Schedule, the following words shall have the following meanings:
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1 Business Licensing Schedule A 5 Title Applicable Licence Exceptions Outdoor Food Vendor Chip Hut Extended Menu Chip Hut Ice Cream Vending Vehicles Refreshment Cart Catering Vehicle This Schedule shall not apply to the following: (a) residential dwellings where food is prepared or served for consumption by the occupant, his or her family, employees or guests; (b) lodging houses; (c) churches, service clubs and fraternal organizations that: i. prepare and serve meals for special events and fellowship solely for their members and invited guests; or ii. do not receive any form of monetary compensation from other groups or the general public from the sale of prepared and served meals; (d) assisted meal programs; (e) outdoor food premises used exclusively for a special event, including a festival, food show, fair, or other community; or (f) the sale of pre packaged candy, chips and pop. Reasons for licensing Interpretation Health and Safety Consumer Protection For the purposes of this Schedule, the following words shall have the following meanings: assisted meal program means a program offered on a regular basis by a non profit organization which offers a meal free of charge, or for a nominal fee, to marginalized populations, which may include individuals, families, or seniors, which program is administered primarily by volunteers who may receive assistance from paid staff of the non profit organization; cart means a movable device equipped with wheel(s) used for the dispensing of goods, but does not include a motor vehicle; catering vehicle means an itinerant food service vehicle in which no food is prepared other than hot beverages, but shall not include a chip hut, refreshment cart or ice cream vending vehicle; chip hut means a lot and a structure having a permanent location but capable of being towed by a vehicle, and which is exclusively designed to operate as a food premise restricted to the sale of French fried potatoes, and cold and hot beverages to the general public, but shall not include a refreshment cart, ice cream vending vehicle or catering vehicle;
2 extended menu chip hut means a chip hut which offers an extended menu of food items for sale; ice cream includes the following pre packaged items: ice cream products, icemilk, icemilk products, ice water products, popsicles and frozen dairy products; ice cream vending vehicle includes an ice cream truck and ice cream vending cart; ice cream truck means a vehicle from which ice cream products, ice milk products, ice water products, popsicles or frozen dairy products are offered for sale to the public, but shall not include an ice cream vending cart, chip hut, refreshment cart, or catering vehicle; ice cream vending cart means an itinerant cart from which ice cream products, ice milk products, ice water products, popsicles or frozen dairy products are offered for sale to the public, but shall not include an ice cream truck, chip hut, refreshment cart, or catering vehicle; outdoor food premises includes a refreshment cart, ice cream vending vehicle, extended menu chip hut, chip hut, and catering vehicle; and refreshment cart means a mobile cart used to sell refreshments including hot dogs, sausages, baked potatoes, roasted nuts, candied apples, candy floss and beverages to the public, but shall not include a chip hut, ice cream vending vehicle or catering vehicle. Additional Application Requirements Every application for a licence pursuant to this Schedule shall include the following: (a) a description of the vehicle or cart sufficient to permit him or her to ascertain whether the vehicle or cart complies with the provisions of this Schedule; (b) a list of the names, addresses and ages and a photocopy of each birth certificate or driver s licence, for every operator or employee of the applicant engaged in the business for which a licence is required pursuant to this Schedule; (c) full address of every location where a refreshment cart, catering vehicle, or ice cream vending vehicle used in the operation of the business is stored; (d) a sketch of the site to be used in the operation of any chip hut or extended menu chip hut, or refreshment vehicle along with a letter from the owner of the property on which the chip hut, extended menu chip hut, or refreshment vehicle is to be located demonstrating that the applicant has permission from the owner of said property to locate said business at the proposed site; (e) where propane is used in the operation of an outdoor food premises, the applicant shall provide to the Issuer of Licenses a current report of inspection from the Technical Standards and Safety Authority verifying that the equipment is in good working order; and (f) a driver s licence and proof of automobile insurance for every operator of an ice cream truck or catering vehicle, as the case may be.
3 Additional Application Circulation Criteria New Chief Building Official Chief Fire Official Medical Officer of Health Renewal Medical Officer of Health Special License Requirements In addition to the general provisions set out in the Chapter to which this Schedule applies, the following special conditions apply to every outdoor food premises: GENERAL 1. No person shall operate or maintain the business of an outdoor food vendor within the City of Brantford without first obtaining one or more licences from the Issuer of Licenses to do so. 2. The licensee shall maintain the outdoor food premises in good repair and appearance, shall provide a refuse container, and shall clean all litter from the area within a radius of 9 metres (29.5 feet) from the outdoor food premises, except that the requirement to clean litter from the area shall not apply to ice cream vending vehicles, the operators of which shall ensure that waste is disposed of in the proper refuse container. 3. The licensee shall label each outdoor food premises with a unique identification number assigned and provided by the Issuer of Licenses. 4. Each outdoor food premises used in the operation of the business will be assigned a yearly identification sticker issued by the Issuer of Licenses and shall be affixed to the vehicle by the licensee in a clearly visible location. 5. The licensee shall ensure that his or her business shall at all times comply with the Health Protection and Promotion Act and the regulations thereunder pertaining thereto. CHIP HUT/EXTENDED MENU CHIP HUT 6. Where a chip hut or extended menu chip hut is not connected to City s sanitary sewers, the licensee is responsible for the removal of all liquid waste to an off site location and the disposal of said waste into an appropriate sanitary sewer system, particularly: a. used oil shall be properly disposed using a contractor with an appropriate license, and b. liquid waste or used oil shall not be disposed into a catch basin or any connection to storm sewer system. 7. The licensee shall ensure that all commercial cooking equipment used in the operation of a chip hut or extended menu chip hut is fitted with working exhaust and fire protection systems which are maintained in conformance with NFPA 96, "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations". The edition of NFPA 96 to be utilized will be that which is referenced in the current edition of the Ontario Fire Code. 8. The licensee shall ensure that instructions for manually operating all fire
4 protection systems are posted conspicuously in the cooking area of every chip hut and extended menu chip hut. ICE CREAM VENDING VEHICLES 9. The maximum number of licences to be issued for the operation of ice cream vending vehicles in the City of Brantford shall be sixteen. Not more than nine licences shall be issued to any one person. 10. No licensee or applicant shall have an interest in any applicant requesting licences for the operation of ice cream vending vehicles in the City which would cause the total number of vehicle licences issued to that person to exceed nine. 11. Every ice cream vending cart shall meet all of the following specifications, the failure of which shall lead to denial of an application or revocation of a licence: a. shall be manually operated and pedal driven; b. shall not be equipped with any device for attracting attention other than a soft toned bell or chime; c. shall be equipped with a refuse container; d. shall be equipped with a refrigeration system adequate to keep the contents of the food compartment frozen and to prevent spoilage; e. the interior of the food compartment shall be constructed of stainless steel or have a hard, white, non toxic and scratch, dent, and chip resistant surface; f. shall comply with all provisions of the Health Protection and Promotion Act and regulations made thereunder concerning food premises; g. shall be equipped with a rear view mirror; h. shall display and maintain in a legible condition the company name and a contact phone number either by painting it on or affixing it to the cart; i. a slow moving vehicle sign shall be affixed to the rear of each ice cream vending cart and said sign shall be in the prescribed form pursuant to the Highway Traffic Act; and j. shall have affixed fluorescent reflectors. 12. Every ice cream truck shall meet all of the following specifications, the failure of which shall lead to denial of an application or revocation of a licence: a. shall comply with all of the requirements of the Highway Traffic Act applicable to the safe operation of vehicles on roads and highways in the Province of Ontario; b. shall not be equipped with any device for attracting attention other than a soft toned bell or chime; c. shall be equipped with a refuse container; d. shall be equipped with a refrigeration system adequate to keep the contents of the food compartment frozen and to prevent spoilage; e. the interior of the food compartment shall be constructed of stainless steel or have a hard, white, non toxic and scratch, dent, and chip resistant surface; f. shall comply with all provisions of the Health Protection and Promotion Act and regulations made thereunder concerning food premises; g. shall be equipped with large side mirrors sufficient to view the entire length of the vehicle;
5 h. shall display and maintain in a legible condition the company name and a contact phone number either by painting it on or affixing it to the vehicle; i. a slow moving vehicle sign shall be affixed to the rear of each ice cream truck and said sign shall be in the prescribed form pursuant to the Highway Traffic Act; j. shall have affixed fluorescent reflectors; and k. shall have installed an audible reversing alarm. 13. No person shall sell any product other than ice cream from any ice cream vending vehicle under this Schedule. 14. No person shall sell ice cream other than in single service, pre packaged units. 15. Every operator shall wear clean bright apparel while operating any ice cream vending vehicle licensed under this Schedule. 16. No person shall operate any ice cream vending vehicle between the hours of sunset on any day and sunrise of the next day, or before noon on any Sunday, or during normal school hours. 17. No person shall operate any ice cream vending vehicle in any public park or recreation area or on streets adjacent to or bordering any public park, playground or any athletic field where refreshments are available. 18. No person shall conduct sales from any ice cream vending vehicle licensed under this Schedule on any public street within 76 metres (250 feet) of premises where similar products are sold to the public. 19. No person shall conduct sales from any ice cream vending vehicle on any four lane highway or on any highway on which there is a speed limit in excess of 50 kilometers per hour. 20. Sales from ice cream vending vehicles shall be confined to streets in residential areas. 21. No person shall stop any vehicle licensed under this Schedule in order to sell ice cream on any street on which parking or stopping is prohibited. 22. No operator of an ice cream vending vehicle shall be under the age of fourteen years. 23. Every licensee shall provide every operator and employee under his or her control, management, supervision or direction with a true copy of this Schedule and the Chapter to which this Schedule applies prior to such operator or employee operating any ice cream vending vehicle licensed under this Schedule within the City of Brantford. 24. Every licensee shall provide every operator and employee with instruction in safety procedures and shall ensure that such instruction is given prior to the operator or employee commencing operation of any ice cream vending machine. 25. If required by the Issuer of Licenses, every licensee and operator shall be photographed by the Issuer of Licenses, or his or her designate.
6 26. Every person to whom a photo identification card is issued pursuant to this Schedule shall display their photo identification card at all times. 27. No e bikes, motorcycles or scooters may be licensed to operate as an ice cream vending vehicle pursuant to this Schedule. 28. No ice cream vending vehicle shall stop for more than ten minutes for the purposes of conducting a sale. REFRESHMENT CART 29. Where refreshment carts are permitted, they shall not remain on any site except during the hours of 9 a.m. and 10 p.m., and the refreshment cart must be removed from the lot after closing each day. 30. An application may be made to the Issuer of Licenses to extend the hours of operation of a refreshment cart which is used in conjunction with a facility that is licensed pursuant to the Liquor Licence Act. 31. Any extension of hours granted by the Issuer of Licenses pursuant to this Schedule shall not exceed the hours of operation of the facility licensed pursuant to the Liquor Licence Act which the refreshment operates in conjunction with. 32. Every refreshment cart shall be equipped with a working fire extinguisher which shall be inspected regularly and maintained in accordance with the provisions of the Ontario Fire Code applicable to portable fire extinguishers. CATERING VEHICLE 33. No operator of a catering vehicle shall operate such vehicle or vehicles on any public thoroughfare within 76 metres (250 feet) of premises where similar refreshments are sold for consumption by the public. 34. Every catering vehicle shall have installed an audible reversing alarm. 35. Every catering vehicle shall be maintained in safe working order in accordance with the requirements of the Highway Traffic Act applicable to the use of vehicles on roads and highways in the Province of Ontario.
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