Hamilton : Règlement no 07-170, art. 13(a) — 13 Every person operating a Class B or Class C food service vehicle shall ensure that
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13 Every person operating a Class B or Class C food service vehicle shall ensure that:
- the food service vehicle is in a safe and mechanical condition before it is driven;
- (b) the food service vehicle is not driven if it is in an unsafe mechanical condition;
- (c) all statutes, regulations and by-laws governing driving, parking or stopping the food service vehicle are complied with at all times;
- (d) the business name of the food service vehicle operator is displayed:
- (i) on both sides of the food service vehicle or on another location as approved in advance by the Director of Licensing; and,
- (ii) plainly visible in its entirety at all times.
- (e) the food service vehicle is moved at the verbal or written request of the Director of Licensing or a Municipal Officer appointed or assigned to enforce this Schedule, if, in the opinion of the Director of Licensing or an officer the location:
- (i) is or may become undesirable for safety reasons; or,
- (ii) interferes with normal access to any property.
- (f) the food service vehicle does not stop on road allowance to sell or offer for sale refreshments:
- (i) within 30 metres along any abutting road allowance, measured from the point of intersection of the perpendicular projection of the limits of the food premises (including any outdoor patio) and the road allowance to the nearest point of the food service vehicle;
- (ii) within 6 metres of an intersection;
- (iii) within 100 metres of any school or hospital, measured along the most direct road allowance route from the nearest point of the school or hospital boundary to the nearest point on the food service vehicle;
- (iv) within 100 metres of the boundary of a special event measured along the most direct road allowance route from the nearest point of the special event boundary to the nearest point on the food service vehicle, except when approved as part of a special event;
- (v) for more than 15 minutes at any one location on a residential local road; or,
- (vi) to a customer who is standing on the travelled portion of a road allowance, not including a sidewalk. Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
- (g) the food service vehicle does not stop on property to sell or offer for sale refreshments unless:
- (i) the food service vehicle is otherwise authorized by the City to sell or offer for sale refreshments on the property;
- (ii) the food service vehicle is not within 6 metres of an intersection;
- (iii) the food service vehicle is not within 100 metres of any school or hospital, measured along the most direct road allowance route from the nearest point of the school or hospital boundary to the nearest point of the property;
- (iv) the food service vehicle is not within 100 metres of the boundary of a special event measured along the most direct road allowance route from the nearest point of the special event boundary to the nearest point of the property, except when approved as part of a special event;
- (v) the property is zoned to permit a restaurant use or an industrial use;
- (vi) the property owner, owners, or occupiers have given written approval for the food service vehicle to be on the property; or,
- (vii) the food service vehicle is on the property for 8 hours or less on any one day.
- (h) subsections h(iii) and
- (vi) do not apply to property used as a place of worship or
a school if the sale of refreshments:
- (i) has been organized by and for the benefit of the place of worship or the school located on the property; and,
- (ii) occurs no more than 20 days in a calendar year;
- (i) subsection h(iii) does not apply to a food service vehicle operating in compliance with a licence that includes permission to access designated parks;
- (j) the food service vehicle does not operate:
- (i) on a residential road between 8 p.m. on one day and 8 a.m. on the next day; or,
- (ii) on any other road between 1 a.m. and 8 a.m.;
- (k) a location log is kept for each day the food service vehicle is operated in a form satisfactory to the Director of Licensing that includes:
- (i) each location (event, street name) that refreshment sales were made; and,
- (ii) each time of arrival and departure;
- (l) the location log under subsection 13(k) must be kept for a rolling 1 year window from the current date created;
- (m) the location log shall be made available upon written request from the Director of Licensing within 2 business days; and, Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
- (n) the food service vehicle is not washed or repaired while on a road allowance
except, in the case of repair, when repair is necessary to move the food service vehicle off the road allowance.
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- 14 In addition to otherwise complying with this Schedule, every person operating a Class B or Class C food service vehicle with a licence that includes permission to access designated parks shall ensure that
- 14(a) 14 In addition to otherwise complying with this Schedule, every person operating a Class B or Class C food service vehicle with a licence that includes permission to access designated parks shall ensure that
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