4269 To amend By-Law 3666, to Govern the Licensing of Business within the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSON BURG
BY-LAW NUMBER 4269
A BY-LAW to amend By-Law 3666, to Govern the Licensing of Businesses within
the Town of Tillsonburg.
WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and
expedient to amend the Town's Business Licensing by-law to include an Ice Cream
Truck or Ice Cream Bicycle as a Licenced Business in the Town of Tillsonburg;
WHEREAS Section 150 & 151 (1) of the Municipal Act, 2001, S.O. 2001 , c. 25, without
limiting the broad powers granted to municipalities through sections 9, 10 and 11 of the
Municipal Act, 2001, c. 25 provides that a local municipality may licence, regulate and
govern any business wholly or partly carried on within the municipality for one or more
of the following purposes: health and safety, nuisance control or consumer protection;
AND WHEREAS Sections 150 to 159 of the Municipal Act, apply to municipalities in the
exercise of a power to pass by-laws licensing businesses under any section of this Act
or any other Act. 2006, c. 32, Sched. A, s. 82.
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Town of Tillsonburg enacts as follows:
2.0 DEFINITIONS
"ice cream bicycle" means an insulated container for storing and transporting
frozen ice cream, propelled totally by muscular power without motorized
assistance and from which ice cream and other frozen confections may be sold.
"ice cream truck" means a vehicle modified to transport frozen ice cream from
place to place, which is duly licensed by the Ministry of Transportation and is
capable of being driven on highways or within municipalities and from which ice
cream and other frozen confections may be sold.
1. THAT Section 7.0 FOOD VENDING shall be amended as follows:
7.7 No person shall operate a competing refreshment vehicle, refreshment stand,
Ice Cream Truck or Bicycle within 8 metres (26 feet) of any other refreshment
vehicle, refreshment stand or Ice Cream Vehicle/Stand or within 8 metres (26
feet) of the vehicular entrance to the property or in any location which will
obstruct the flow of vehicles.
7.11 Provisions Applicable to Ice Cream Trucks and Ice Cream Bicycles
No person shall operate an ice cream truck or an ice cream bicycle from which is
sold:
-heated or cooked food
-milk or any beverages
-any goods, wares or merchandise or other item other than ice cream, and
frozen refreshments.
7.12 Despite Section 7.3 & 7.4, ice cream vehicles may be permitted to operate on
municipal property, including road allowances and municipal parks.
7.13 No person shall operate or permit the operation of an ice cream vehicle on any
travelled portion of a road allowance within the BIA area.
7.14 All persons shall operate or permit the operation of an ice cream truck or bicycle
in accordance with the Highway Traffic Act (HTA) and cycling guidelines set out
by the Ministry of Transportation.
Insurance
7 .15 No person shall operate an ice cream truck or ice cream bicycle unless he takes
out and keeps in force during such operation a comprehensive policy of public
liability and property damage insurance acceptable to the Licensing Officer.
7.16 The policy shall, at a minimum, provide insurance coverage in respect of any
one accident to the limit of five million dollars ($5,000,000) exclusive of interest
and costs, against loss or damage resulting from bodily injury to, or death of one
(1) or more persons and loss of, or damage to, property.
7.17 Such policy or policies shall be in the name of the owner and shall name The
Corporation of the Town of Tillsonburg as an additional insured thereunder, and
shall state that The Corporation of the Town of Tillsonburg shall be indemnified
by the owner of the licence so that if a law suit is filed against the Town ,
notwithstanding that the operator or owner of the licence had general liability
insurance, the operator or owner of the licence or vehicle will be required to pay
to the Town any and all costs it incurred, or losses suffered by the Town, as a
result of any legal proceeding. All policy or policies shall also contain a cross-
liability of interest clause protecting the Town against any actions, causes of
actions, claims and demands whatsoever which may arise resulting from the
Town's issuance of the permit to use the designated area.
7.18 The proof of insurance shall include a provision that the licensing officer will be
given at least ten day's notice in writing of any cancellation, expiration or
variation in the policy.
7.19 No person shall fail to have the proof of insurance with him while operating a
refreshment vehicle or refreshment stand
2. THAT these amendments to By-Law 3666 are hereby declared to be part of that By-
law as if written therein.
3. This By-Law shall come into full force and take effect upon the final passing hereof.
READ A FIRST AND SECOND TIME THIS 23rd DAY OF APRIL, 2019.
D FINAL TIME AND PASSED THIS 23rd DAY OF APRIL, 2019.
~---------Town Clerk-Donna Wilson