Residents grilled Puslinch council recently over the need for a bylaw regulating mobile food service vehicles/vendors in the township.
Prior to the discussion on April 16, councillor Ken Roth declared a conflict of interest, saying the bylaw would affect a business he owns.
Annual fees under the proposed bylaw are $100 for an operator’s licence and $200 for an owner’s licence.
Mayor Dennis Lever explained Puslinch is at the step in the process where a public meeting is required.
“Last year council asked staff to come back to council with a recommendation on proposing a bylaw to regulate food service vehicles,” said Lever.
Chief building official and bylaw enforcement officer Robert Kelly explained modifications will be made to the bylaw as a result of the public input process. One of those changes will be the inclusion of an exemption/exception provision for not-for-profit organizations conducting a community-designated event such as a fall fair or a farmer’s market.
Having a license would not relieve the holder from obtaining required licenses or approvals from other government or public authorities, such as inspections by Wellington-Dufferin-Guelph Public Health.
In addition, the proposed bylaw limits mobile food service vehicles to lands designated as commercial, industrial or open space.
Licenses would prohibit operation along county roads, on township lands without written permission, on private land without written permission (and in zoning compliance), within 30 metres of an intersection, within 10m of a restaurant or other licensed mobile food service vehicle, within 100m of any school between 8am and 5pm and 10pm and 8am.
Application for an operator’s license includes a criminal records check, a passport quality photo, a valid driver’s licence, written permission of the property owner, a driver’s abstract, and any documents required by staff to satisfy concerns.
Owner license requirements are similar, with the addition of approval by a certified propane contractor where applicable, and business registration and incorporation documents, and proof of vehicle ownership.
As well, the township is seeking proof of $2 million in insurance for both general commercial liability and vehicle insurances.
Plus, Kelly said applicants will need to provide a site plan to illustrate the buildings, parking lot, location and access. Other sections of the proposed bylaw outline operator duties and responsibilities.
Kelly stressed the intent of the bylaw is not to licence restaurants or food premises/stands. He said the next step for him would be to bring back a report for the June meeting.
Aberfoyle Farmers Market president Brad Whitcombe said the market sought an exemption from the bylaw, and wanted to ensure it is part of the bylaw.
Don McKay, representing the Aberfoyle Agricultural Society, also wanted to ensure the exemption for the fall fair is within the bylaw and policy.
He took it one step further, stating that even individuals with a license “… if they are not invited to our event, then that vendor does not have the right to come into our event and sell their wares.”
Matthew Bulmer made an impassioned plea questioning the need for the bylaw and the potential impact it would have on the community and its residents.
Bulmer said he had a long connection with mobile food service vehicles. When he was 11 years old, Bulmer sold sweet corn at the end of his laneway.
He said taking that garden tractor and trailer to the end of the lane would make it a mobile food vehicle. Bulmer then asked how that 11-year-old would be able to comply with the proposed bylaw – which includes a valid ‘G’ driver’s licence.
“It could be an entrepreneurial opportunity lost,” Bulmer said of people selling farm produce on their own property.
He also asked how food trucks/coffee trucks would be able to serve construction workers if the subdivision being worked on is not land designated as commercial, industrial or open space.
Bulmer also took exception to requirements for written permission from the landowner.
“It’s unfortunate that it’s going to be the hard-working Joes – the men and women – who are going to suffer,” he said. He added, “I’m concerned that the wording of this bylaw stifles or kills what I consider to be community entrepreneurship.”
Bulmer also questioned what he describes as the discriminatory nature of the bylaw, which stops people from getting a license without a valid drivers licence, noting, “I don’t see any connection between food safety and a valid driver’s licence.”
Reuben Salonga, founder of United Food Trucks Unlimited, asked if the township had consulted with the Ontario Food Truck Association.
The township had not. CAO Karen Landry said the draft bylaw was based on those used in Brampton, Guelph and other surrounding municipalities.
Salonga questioned the need for licensing both the operator and the owner. Landry explained it is common with food service vehicles to have both because the owner doesn’t always operate the vehicle.
Mayor Dennis Lever noted the night was an information meeting only. A report will be generated for council with further discussed expected in June.
