HomeMy WebLinkAboutBy-law No. 2022-068 - Amend Chapter 599 of the Municipal CodeBY-LAW NUMBER�,�
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 599 of The City of
Kitchener Municipal Code with respect to Licensing and
Regulation of Businesses.)
WHEREAS it is deemed expedient to amend Chapter 599 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1, Section 599.1.39 of Chapter 599 of The City of Kitchener Municipal Code is hereby
deleted and the following substituted therefor, namely:
"599.1.39
"Food Shop" means a Business where food products intended for human
consumption are made for sale, offered for sale, stored, or prepared, but does not
include the selling of only bottled or canned beverages, meat in an airtight
package, or pre-packaged candies other than those required to be frozen, and
includes, but is not limited to, a bake shop, grocery store or restaurant."
2. Section 599.1.54 of Chapter 599 of The City of Kitchener Municipal Code is hereby
deleted and the following substituted therefor, namely:
"599.1.54
"Motor Vehicle" means an automobile, motorcycle, motorhome, truck, trailer, or
motor -assisted bicycle, and may include watercrafts and boats, unless otherwise
indicated in this Chapter and any other vehicle propelled or driven otherwise than
by muscular power but does not include a street car or other motor vehicle
running only upon rails or a motorized snow vehicle, traction engine, farm tractor,
self-propelled implement of husbandry, or road cleaning or road building
machine."
1 Section 599.1.72 of Chapter 599 of The City of Kitchener Municipal Code is hereby
deleted and the following substituted therefor, namely:
"599.1.72
"Police Record Check"- any reference to a Police Record Check in this Chapter
is hereby deemed to mean a Criminal Record and Judicial Matters Check"
4,Section 599.1.81 of Chapter 599 of The City of Kitchener Municipal Code is hereby
deleted and the following substituted therefor, namely:
"599.1.81
"Refreshment Vehicle - Class "C" means a Refreshment Vehicle that is a
motorized vehicle or a trailer that is hitched to a motorized vehicle that is
moved from place to place and that offers for sale only pre-packaged foods,
pre -bottled beverages, or ice confectioneries for human consumption, and
may include food warming equipment."
5� Section 599.1.84 of Chapter 599 of The City of Kitchener Municipal Code is hereby
deleted and the following substituted therefor, namely:
°`599.1.84
"Special Event" means a one-time or infrequent occurring event outside normal
programs or activities such as any community, social, or cultural group
celebration including a ceremony, street party, beer garden, festival, carnival,
circus, midway, exhibition, or outdoor concert, but does not include a parade,
wedding, funeral procession, picketing, trade show, or film event under permit."
6. Article 1 of Chapter 599 of The City of Kitchener Municipal Code is hereby
amended by adding the following subsections thereto:
"599.1.22.1
"Commercial Kitchen" means a shared -use, commissary, or incubator kitchen that
are licensed spaces where chefs, bakers, caterers, and other culinary
professionals can prepare their goods.
599.1.22.2
"Commercial Kitchen Vendor" means the business that rents or operates out of a
Commercial Kitchen for the purpose of preparing their goods and may include
chefs, bakers, caterers, and other culinary professionals.
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599.1.27.1
"Criminal Record and Judicial Matters Check" means a Criminal Record and
Judicial Matters Check issued to the Applicant by the police service in whose
jurisdiction the Applicant resides. Any reference to a Police Record Check in this
Chapter is hereby deemed to mean a Criminal Record and Judicial Matters
Check.
599.1.35.1
"Farmers' Market Vendor" means a Person or group of Persons who operate a
stall at a Farmers Market or Flea Market."
7, Schedule 1 of Chapter 599 of The City of Kitchener Municipal Code is hereby
amended by adding respectively under the headings "Type of Business", "Expiry
Date", and "Regulations" the following:
Commercial Kitchen" March 31 Schedule 6.1"
6, Chapter 599 of The City of Kitchener Municipal Code is hereby amended by adding
the new Schedule 6.1, attached to this by-law as Appendix A, to Chapter 599 of
The City of Kitchener Municipal Code.
9. Schedule 10 of Chapter 599 of The City of Kitchener Municipal Code is hereby
deleted and Schedule 10 attached to this by-law as Appendix B is hereby
substituted thereto.
M Schedule 12 of Chapter 599 of The City of Kitchener Municipal Code is hereby
deleted and Schedule 12 attached to this by-law as Appendix C is hereby
substituted thereto.
PASSED at the Council Chambers in the City of Kitchener this day'
A.D. 2022.
Mayor
Clerk
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SCHEDULE 6.1
[091 IT, I LY, NUNN Film 1114 111-1139109
1, In addition to the licensing requirements set out in article 4 of this Chapter; an
Applicant for a Commercial Kitchen shall supply the following:
a,. for a Class "A" Licence:
i, Building Approval;
iii, Fire Approval;
iii. Health Approval;
iv„ Planning Approval; and
v, Plumbing Approval.
b, for a Class "B" Licence:
i. Health Approval; and
ii. Owner Authorization.
Other than those establishments identified in section 3 and 4, below, a "Class A"
Licence is required for all businesses operating as a Commercial Kitchen.
3. A Class °B" Licence shall be required for a Commercial Kitchen Vendor:
4. Every Commercial Kitchen Licensee shall:
a) post the Licence ins a conspicuous place in the Licensed Premises;
b) post the occupancy load in a conspicuous place in the Licensed Premised;
c) shall require a Commercial Kitchen Vendor licence for all occupants; and
d), shall provide written submission to the Manager of Licensing on any change of
equipment.
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SCHEDULE 10
TT u.:.
1. In addition, the licensing requirements set out in article 4 of this Chapter; an Applicant
for a Farmers' Market Licence shall supply the following:
a. for a Class "A" Licence:
i� Fire Approval;
ii. Health Approval; and
iii. Planning Approval.
b. for a Class "B" or Class "C" Licence:
i. Health Approval
c. for a Class "D" Licence:
i,. Health Approval; and
ii. Owner's Authorization.
2. Other than those establishments identified in section 3 and 4, below, a "Class A"
Licence is required for all permanent Farmers' Markets.
3. A Class "B" Licence shall be required for any the following Farmers' Market Vendors:
a. A Farmers' Market vendor that operates at a Class "A" Farmer's Market location,
such as the Kitchener Market;
4. A Class "C" Licence shall operate as a "Pop -Up Farmers' Market Vendor and shall:
a. Operate short-term for the purpose of testing the market;
b. Shall only operate up to 12 days per calendar year; and
c. That sell products that include, but are not limited to, Farm Products, baked
goods, preserved foods, and do not include vendor that operate as a Food Shop.
5. A Class "D" Licence shall be required for the following Farmers' Markets:
a. a Pop-up Farmers' Market that consists of a farmer selling their own products
from their garden, but not selling at their property; and
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b. a Pop-up Farmers' Market where a Person who is not the farmer is selling the
products from a farmer's garden or farm.
c. A Pop-up Farmers' Market that consists of a combination of 3a) and 3b), and
vendors selling merchandise that is not food.
6. A Farmers' Market Licence is not required for:
a. Person who design and make arts and crafts, and who sell art or crafts
designed and made by themselves as a vendor at a licensed Farmers' Market;
or
b. a farmer selling their produce or product on their own property.
A notification shall be sent to Waterloo Regional Public Health office for any change
made to the vendors from the original licence.
Appendix "C"
FOOD TRUCK
1. In addition to the licensing requirements set out in article 4 of this Chapter, an
Applicant for a Food Truck Licence shall supply the following:
a. Fire Approval;
b. Health Approval;
c. Planning Approval, if located on private property;
d. Proof of Insurance; and
e. Copy of Driver's Licence(s) for all drivers of the Food Truck.
2. Every Food Truck Licensee shall:
a. have a Licence for each Food Truck;
b. provide a description of the food being served;
c. have a plan for the containment and disposal of grey water, grease, and garbage
in a sanitary manner satisfactory to the City;
d. ensure that any commercial cooking equipment and use thereof complies with the
requirements of the Standard for Ventilation Control and Fire Protection of
Commercial Cooking Operations;
e. provide the Manager of Licensing with the licence and serial number of the Food
Truck;
f. maintain the Food Truck in good repair and appearance, and equip it with refuse
container accessible to the customers;
g. keep the Licence posted in a conspicuous place in the Food Truck and make it
available to any Officer upon inspection;
h. ensure that every Person selling from or operating the Food Truck wears clean
clothes, is clean and neat in appearance, and maintains clean hands;
i, ensure that no damage is caused to City property as a result of the location of the
Food Truck;
jI;. not use any loudspeakers, amplifiers, hailing devices, or music players; and
k, not impede the flow of pedestrian traffic or obscure clear visibility of normal
approaching pedestrian or vehicular traffic.
3, Every Food Truck Licensee shall ensure that the Municipal Plate issued in respect of
the Food Truck Licence is securely affixed to the rear of the Food Truck.
, Food Trucks shall be exempt from hourly parking limits on City Highways provided
they are parked in a legal parking space, in compliance with City's parking By-laws,
engaged in the operation of the Food Truck, and in compliance with this Chapter.
5. Food Trucks shall be permitted to operate at the following locations on a daily first-
come, first served basis:
a) in designated locations in City parks as approved by the Manager of
Maintenance and Operations (Parks, Forestry, Trails); and provided that no
more than identified number of Food Trucks shall be permitted at any one point
during the hours of 9:00 a.m. and 11:00 p.m.:
i!, Budd Park- one (1) Food Truck permitted;
ii. Huron Natural Area - two (2) Food Trucks permitted;
iii. McLennan Park- two (2) Food Trucks permitted;
iv. Southwest Optimist Park - one (1) Food Truck permitted;
v. Victoria Park - one (1) Food Truck permitted; and
vi. Schlegel Park — one (1) Food Truck permitted.
b) with consent of Centre in the Square Inc., and a maximum of three (3) Food
Trucks may operate on Centre in the Square property;
c) up to a maximum of three (3) Food Trucks may operate in the on -street 15 -
minute parking time limit area on Otto Street;
d) Notwithstanding section 5.b) and 5.c) above, at no point may the combined
total of Food Trucks on Centre and Square property and Otto Street be
greater than three unless a Special Event Licence has been obtained; and
e) in the parking lot municipally addressed as 20 Breithaupt Street, or in the on -
street parking areas on Breithaupt Street, between Moore Avenue and
Waterloo Street; and.,
f) be located at a minimum distance of 200 metres from any lot on which a
Licensed Food Shop is located except during a Special Event or as permitted
within this By-law.
B, Food Trucks shall only be operated within the DKBIA Boundary as follows:
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a) at Carl Zehr Square, as programmed and organized by the City;
b) as part of City -approved festivals and events where the appropriate Licenses
have been obtained;
c) as part of a one-time promotional event between restaurant(s) and Food
Truck(s), provided written consent is obtained from the restaurant
owner/operator and approval is obtained from the Manager of Licensing in
advance;
d) as part of a plan to operate on a property on a consistent basis, as approved
by the Manager of Downtown Development and Innovation and the Manager
of Licensing. The Manager of Downtown Development and Innovation shall
only approve plans which satisfy the following:
i, the plan is organized by either the City, Downtown Kitchener Business
Improvement Area, a food truck operator, or a downtown restaurant
owner;.
i! , the organizer identifies the location, the days, and times food trucks
would operate and the maximum number of food trucks who would be
operating during said times;
iii. the food trucks will only operate on a weekly or monthly basis;
iv. the plan includes more than one participating food truck;
v. all participating Food Trucks are licensed by the City;
vi. the participating Food Trucks operate on a rotating basis;
vii. the proposed property does not front King Street;
viii. the location is satisfactory to the City's Director of Transportation
Services and the Chief Building Official;
ix. the Owner of the property upon which the Food Trucks will operate has
provided authorization;
x., the plan is endorsed by the Downtown Kitchener Business Improvement
Area; and
xi. where the location resides on City Property, the organizer agrees to
terminate the use of the property if the City determines the site in
question has been damaged, litter or refuse has been left behind, or if
the operation of any Food Trucks negatively interferes with the normal
use and operation of the property; or
e) where specifically permitted by a Food Truck Special Event Licence.
", Food Trucks may operate within areas zoned as residential as follows:
a. the Food Truck must have a valid City of Kitchener Business Licence;
b. may only operate between the months of July 1 to September 1, and
may be extended by the Manager of Licensing;
c, may only operate between the times Monday to Friday, 4:30pm -
8:00pm, and Saturday and Sunday, 11:00am - 8:00pm
d. Parking in one location has a 3 -hour maximum including any setting up,
and then must move to a different street;
e. Operator must ensure that any line-ups are on the sidewalk or
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boulevard;
f. Operator must ensure that no waste is left behind;
g, No Food Truck will permit horns, flashing lights, or amplified
sound/music;
h. Must be located in a legal parking spot;
i. Cannot be operating within 200 metres of a licensed Food Shop,
j. Cannot be operating within 500 metres of another Food Truck; and
k. Cannot operate on a Regional Road.
8. No Person shall permit any Food Truck to park overnight on City Property or private
property after operating hours except on land owned, leased, or rented by the operator
for the storage of the Food Truck and in compliance with the Zoning By- law.
9, No Person shall operate or permit to be operated a Food Truck at any Special Event,
unless the Food Truck has been invited and has been named on the Special Event
Licence.
10. No Food Truck Licensee shall operate, permit to be operated, or sell refreshments
from any Food Truck:
a, in an area zoned residential by the City Zoning By-law, as amended, except
as permitted by a Special Event Licence, or permitted herein;
b, on private property without the written consent of the property owner
which has been provided in advance and approved by the Manager of
Licensing;
c except in the case of the Huron Business Park is within ten (10) metres
from any building where a Food Shop is located, unless written consent
from all Food Shop Licensees has been obtained and provided to the
Manager of Licensing; or
d... that is within 90 metres from the property line of any land occupied by
any public, separate, or private school on any school day between the
hours of 9:00 a.m. and 4:30 p.m. unless written consent from the
property owner or principal of the school has been obtained and
provided in advance to the Manager of Licensing
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