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Home > By-Laws > 3389-2018 Licensing Seasonal Special Events

3389-2018 Licensing Seasonal Special Events

3389-2018 Licensing Seasonal Special Events

BEING A BY-LAW FOR LICENSING, GOVERNING THE OPERATION OF SEASONAL SPECIAL EVENTS

Passed by Council January 25, 2019


CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3389-2018
BEING A BY-LAW FOR LICENSING, GOVERNING THE OPERATION OF
SEASONAL SPECIAL EVENTS

WHEREAS, pursuant to the provisions of Part IV of the Municipal Act, 2001, as amended,
the Council of The Corporation of the Township of Augusta may pass By-laws for licensing,
regulating and governing seasonal special events;

WHEREAS, pursuant to the provisions of Part IV of the Municipal Act, 2001, as amended,
the Council of The Corporation of the Township of Augusta may pass By-laws for licensing,
regulating and governing seasonal special events;

AND WHEREAS section 150 of the Municipal Act, 2001 allows a municipality to license,
regulate and govern any business wholly or partially carried on within the Municipality;

AND WHEREAS sections 390-400 of the Municipal Act, 2001, as amended enable
municipalities to pass By-laws for imposing fees or charges for permits and services
provided or done by them;

NOW THEREFORE the Council of the Township of Augusta hereby enacts as follows that:

Definitions

1. In this By-law,

“applicant” means a person applying for a license under this By-law;

“Clerk” means the Clerk of the Township of Augusta;

“event site” means the property described in the application form;

“Licence” means the certificate issued under this By-law;

“Licensee” means the person licensed under this By-law;

“Municipality” means the Corporation of the Township of Augusta and any authorized agent
of thereof;

“person” means an individual, an association, a chartered organization, a firm, a partnership,
a corporation, an agent or trustee and the heirs, executors, administrators or other legal
representatives of a person to whom the context can apply according to law.

“Parking area” means an area for the temporary parking and display or showcasing of
vehicles.

“Prescribed licence fee” means the fee set out in Schedule “A” to this By-law;

Terms and Conditions

2. The applicant shall conform to all the terms and conditions as set out in this By-law and
the Schedules hereto and forming part of this By-law.

Schedules “A”, “B” and “C” attached hereto are and form an integral part of this By-Law,

Offence Not to Have Licence

3. No person shall carry on the business on the event site in the Township of Augusta
without having a current valid licence to carry on such business in the Township of
Augusta.

Application for Licence

4. Every application for the issuance or renewal of a licence to carry on the business of a
seasonal special event shall be made in writing on forms provided by the Clerk of the
Township of Augusta and shall contain the following information:

(a) the full name, street address and mailing address of the applicant;
(b) whether the applicant is a sole proprietorship, partnership or corporation, and whether
the applicant has the authority to bind the corporation;
(c) nature of the event being held;
(d) location, date and time duration for the event or events;
(e) current ownership of the property on which the event or events is to take place; and
(f) any information requested by the Clerk to demonstrate compliance with the conditions of
the license.

Issuance of Licence

5. The Clerk shall issue a licence except where

(a) The applicant does not meet the requirements of this By-law including Schedules “A”,
“B”, and “C” attached hereto or any other applicable law or By-law; or
(b) The application is incomplete or the prescribed licence fee is unpaid, or where any
outstanding invoices or previous fees are unpaid.
Renewal of Licence

6. The Clerk shall renew the licence on submission of a new application therefore except
where:

(a) The application does not meet the requirements of this By-law or any other applicable
law or By-law; or
(b) The application is incomplete or the prescribed licence fee is unpaid;
(c) The past conduct of the applicant or licensee affords reasonable grounds for the belief
that the applicant or licensee will not carry on the activity for which he is licensed or continue
to be licensed in accordance with law or the provisions of this By-law; or 3
(d) The applicant or licensee is carrying on activities that are, or will be, if the applicant is
licensed, in contravention of this By-law.

Expiration of Licence

7. Every licence issued under this By-law shall, unless revoked or surrendered at an earlier
date, expire on the date indicated on the face of the licence but in no case shall the term of
the licence exceed one year.

Revocation of Licence

8. Where the licensee fails to make any payment when due under this By-law, or fails to
comply with the requirements or conditions of the license, including Schedules “A”, “B’ and
“C” attached hereto, the Clerk may give notice of intention to revoke the license. The Clerk
may at his/her sole discretion revoke the license without notice where the licensee is in
contravention of this By-law. Where such license is revoked, the licensee upon being
notified shall immediately cease and desist from operating the event.

Licence Transferable

9. The licence issued under this By-law shall not be transferable.

License Not Authority to Contravene Law

10. The issuance or renewal of a licence is not intended and shall not be construed as
permission or consent by the Municipality for the licensee to contravene or to fail to observe
or comply with any applicable law of Canada or Ontario or any By-law of the Municipality.
Failure to comply with other laws or to obtain required permits or approvals shall constitute
grounds for the revocation of a license.

Licence Surrender Cancellation

11 . The Clerk may cancel a licence which is voluntarily surrendered by the holder for
cancellation.

Penalty

12. Every person who contravenes any provision of this By-law is guilty of an offence and is
liable upon conviction to a penalty as authorized by the Provincial Offences Act.

Severability

13. In the event that any particular provision or provisions or a part of one is found to be void,
voidable or unenforceable for any reason whatsoever, then the particular provision or
provisions or part of the provision shall be deemed severed and the remaining portion of
such provision and all other provisions of the by-law shall remain in full force.

This By-law comes into force on the day it is passed.

READ a first time and second time this 25 day of January, 2019.

READ a third time and passed this 25 day of January, 2019.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

SCHEDULE “A”
TO BY-LAW NUMBER 3389-2018
ANNUAL LICENCE FEES

A fee of $250.00 per event shall be submitted with the application for the issuance of a
licence or renewal of a licence, where the licence is for a period of 1 year or less.

SCHEDULE “B”
TO BY-LAW NUMBER 3389-2018
TERMS AND CONDITIONS

1. For the purposes of this By-law, the license shall apply seasonal special events.

2. All events shall be operated under the Rules and Regulations of the appropriate governing
body (for example, but not limited to, Eastern Ontario Mud Drag Association, Ontario Off Road
Association, White Water Tractor Association, etc.).

3. The Leeds Grenville & Lanark Health District Health Unit shall be notified prior to the event.
(Schedule F) In addition, the licensee shall provide proof that the said Health Unit has
been notified and, where applicable has issued an approval and/or undertaken an inspection.
All food service vendors must be in compliance with TSSA Certificates for Mobile Food
Service Equipment (MFSE) (Chip Huts etc.) as defined in TSSA Directors orders FS-056-
06.

4. Medical/first aid services shall be provided on site during all events. The licensee
shall provide proof that St. John’s Ambulance, or an acceptable alternative, will provide first
aid services for the duration of an event.

5. Parking shall be restricted to an area separate from the events, as outlined in the Site
Plan attached as Schedule “C”, and parking signs stating “Parking shall not be permitted on
the road or right-of-way of the adjacent municipal road” shall be posted at the entrance.
Unrestricted access for emergency vehicles (fire, ambulance, police) shall be provided at all
times during an event.

6. Security shall be provided for the duration of all events. The licensee shall provide proof
that arrangements have been made with the OPP and/or security company for security.
(Schedule D)

7. There shall be NO Smoking or any open flames in any area used for refueling of vehicles
or storage of fuel. Signs stating this shall be prominently posted throughout the area.

8. ABC Extinguishers must be installed in all buildings, even if they are temporary.

9. All temporary wiring, junction boxes, breaker panels etc. must be inspected and approved
by the Electrical Safety Authority (ESA).

10. All Fire Access Routes must be shown on the site plan. All Fire Routes shall be kept clear
at all times.

11. Fire access route signs shall be placed along all designated fire routes.

12. Where applicable, the licensee shall obtain a Campground Campfire Permit as
per schedule E. The only outdoor burning that will be approved will be campfires no bigger
than 2 feet x 2 feet x 2 feet, and only clean wood shall be burned. Any fires must be at least
15 feet from any combustible items including vehicles, trailers, tents etc.

13. There shall be lighting installed at all path/roadway intersections.

14. The Licensee shall obtain written approval from the property owner allowing the hosting
of the event on their site.

15. A written fire safety plan shall be developed in accordance with “0 Reg. 213/07: Ontario Fire
Code.

16. The Fire Department shall conduct an inspection 10 days prior to the event and if any
items are found not in compliance the license may be revoked.

17. Overnight camping shall be restricted to one or more designated areas, as outlined in
the Site Plan attached as Schedule “C”, and which is identified with appropriate signage.
Over flow may be allowed until new site plan control is submitted.

18. Garbage receptacles will be placed throughout the site and a dumpster shall be provided
for the removal of garbage. The refuse/garbage dumpster shall be removed from the site no
later than three (3) days following the conclusion of any event.

19. Any and all events permitted by license under this By-law shall comply with the Ministry
of the Environment Document “NPC-232, Sound Level Limits for Stationary Sources in
Class 3 (Rural) Areas, October 1995′. This shall not be deemed to limit the combination of
motorsports activities so long as the noise generated by the motorsports activities does not
exceed the sound level limits for a Class 3 Area at Critical Points of Reception including but
not limited to the dwellings along the adjacent municipal road. The Municipality reserves the
right to conduct random noise tests at any time during an event to determine compliance
with the sound level limit and to seek a professional opinion on compliance with the sound
level standard set out in NPC-232. The licensee agrees to allow unobstructed entry by the
Municipality upon the property, as shown in Schedule “C”, for the purposes of conducting a
noise test. In addition to random noise tests, the Municipality may monitor any noise
generating event. All costs associated with the random noise tests shall be borne by the
applicant.

20. The applicant must provide proof that a General Liability Insurance Policy is carried with
limits of not less than two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily
injury, death and damage to Property, including loss of use thereof. The General Liability
Insurance Policy shall be in the name of the Organizer and shall name the Township as an
additional insured there under. The General Liability Insurance Policy shall contain an
endorsement to provide the Township with thirty (30) days written notice of cancellation or
material change that would diminish coverage.

21 . The applicant shall notify the Public Works Manager of the date of events in order to
facilitate dust control/road maintenance.

22. Fireworks are prohibited during any event.

23. Fueling or refueling of any vehicle and repairs or maintenance of a vehicle within the
area shown on Schedule “C” including any pit area shall be done in a safe manner. In the
event of a petroleum spill, proper containment/disposal of contaminated soil will be carried
out in compliance with Ministry of Environment guidelines. Refueling outside the pit area is
prohibited.

24. The licensee shall provide, install and maintain security fencing (or equivalent controls)
in all areas indicated on Schedule “C” for the duration of any event.

25. The licensee shall provide, install and maintain silt fencing and straw bale check dams in
all areas indicated on Schedule “C” for the duration of any event.

26. The discharge of grey water or sewage from recreational vehicles in any camping area
shown on Schedule “C” is prohibited.

27. The licensee agrees to allow unobstructed entry by the Municipality upon the property
shown in Schedule “C” for the purposes of determining compliance with the licensing Bylaw.

28. Each year an updated sketch shall be provided with application to renew the license and
shall become part of the annual license.

SCHEDULE “C”
TO BY LAW NUMBER 3389-2018
SITE PLAN MAP

-To be provided by applicant

Schedule D
TO BY LAW NUMBER 3389-2018

LICENCE APPLICATION FOR THE OPERATION OF SEASONAL SPECIAL EVENTS

DATE:

NAME OF APPLICANT:

MAILING ADDRESS:

CIVIC ADDRESS (IF DIFFERENT FROM MAILING ADDRESS):

PHONE NUMBER:

CELL:

APPLICANT IS: ______ SOLE PROPRIETOR _____ PARTNERSHIP _____ CORPORATION

NAME OF PROPERTY OWNER:

MAILING ADDRESS:

CIVIC ADDRESS (IF DIFFERENT FROM MAILING ADDRESS):

PHONE NUMBER:

CELL:

EVENT

TYPE OF EVENT APPLYING FOR:

DATE(S) OF EVENT:

TIME/HOURS:

CHECKLIST OF LEITERS OF COMPLIANCE AND ITEMS TO BE INCLUDED WITH
APPLICATION:

INSURANCE ($2,000,000) —- ———-
HEALTH UNIT (SEE SCHEDULE F)
MEDICAL/FIRST AID SERVICES ——————-
SECURITY FIRM OR OPP SERVICES ————————
CAMPGROUND CAMPFIRE PERMIT (WHERE APPLICABLE)
WRITIEN APPROVAL FROM PROPERTY OWNER
FEE (CHEQUE TO BE INCLUDED WITH APPLICATION)
FIRST AID SERVICES
ESSA APPROVAL & INSPECTION OF ALL TEMPORARY ELECTRICAL
FIRE SAFETY PLAN WITH FIRE DEPARTMENT APPROVAL

DISCLAIMER:

NO WORKER AT THIS EVENT SHALL BE CONSIDERED AN EMPLOYEE OF THE
TOWNSHIP OF AUGUSTA.

DECLARATION

AS THE APPLICANT NAMED HEREIN, I HEREBY MAKE THIS APPLICATION AND
CONFIRM THAT I HAVE READ BY-LAW NUMBER 3389-2018 AND AGREE TO ABIDE BY
AND POST SAME AT THE EVENT LOCATION.

DATED THIS ____ DAY OF _________ , 20 _

AT THE TOWNSHIP OF AUGUSTA, IN THE COUNTY OF GRENVILLE.

____________________________
APPLICANT
(1 copy to applicant, 1 copy to municipality)

THIS LICENCE IS HEREBY GRANTED AND IS IN EFFECT FOR THE
PERIOD _ _________ TO _____ ___ _

_____________________________
CLERK/LICENCING OFFICER

Schedule E

[INSERT COPY OF CAMPGROUNDS CAMPFIRE PERMIT]

Schedule F
Bylaw 3389-2018

Leeds Grenville & Lanark District Health Unit

COMMUNITY HEALTH PROTECTION DEPARTMENT

SPECIAL EVENTS GUIDELINES

This document has been designed to assist Organizers and Vendors in meeting the requirements of the Health Protection and Promotion Act and the Ontario Food Premises Regulation at Special Events.

These operational guidelines are applicable to events where food is prepared, sold or distributed to the public and occur for short periods of time. Examples include fall fairs, carnivals, music festivals, food festivals, street festivals and plowing matches. The Leeds, Grenville and Lanark District Health Unit is committed to working with you to ensure the event is a success and safe for your guests.

Each food vendor at a special event must comply with the Health Protection and Promotion Act and the Food Premises Regulation. This includes businesses providing samples to the public as part of display. Under the Food Premises Regulation various types of food premises are outlined. The following categories of food premises are permitted to operate provided they meet the requirements set out in the legislation:

• Fixed premises (permanent buildings equipped with kitchen facilities}
• Catering vehicles
• Mobile Preparation Premises
• Street vending carts

Each of these types of food premises has specific requirements and restrictions associated with them. Please view the Ontario Food Premises Regulation available online at the following link:
http://www.e-laws.gov.on.ca/html/regs/english/elaws regs 900562 e.htm

The health unit may conduct site inspections to ensure compliance. Some vendors may be exempt from the Food Premises Regulation (e.g. religious organizations, service clubs, fraternal organizations and charities) provided certain conditions are met. Please refer to the “Exemption Guideline” document or contact the health unit if you wish to qualify for an exemption. Inspections of these premises may still be conducted under the Health Protection and Promotion Act.

General Requirements

• The organizer of the event must notify the Medical Officer of Health of the Leeds, Grenville and
Lanark District Health Unit in writing. In order to process and respond to your notifications and
better serve your vendors, we request that notification is received by this office at least 30 days prior
to the event (Coordinator notification form}.
• If there is more than one vendor attending the event, the organizer of the event must ensure that
each vendor completes the Vendor Notification form and provide them to the health unit.
• The site proposed for the event must be dry, well drained, and free of any health hazards.

Food Safety

It is the goal of the health unit to assist you in providing safe food to the patrons of your event. Some foods require extra attention to ensure their safety. Hazardous foods are those foods that are capable of supporting the growth of microorganisms that cause illness or the production of the toxins of such organisms. These may include, but are not limited to, meat and meat products, poultry, fish and shellfish, eggs, dairy and dairy products, grains and cereals such as rice and pasta, sauces, gravy and unpasteurized juices.

The preparation and service of food, utilizing self-contained mobile food premises is recommended. Premises without a valid exemption that do not comply with the minimum standards set out in the Food Premises Regulation will not be permitted to open until such time as all requirements are met.

Approved Sources

• All meat must be inspected. Check meat and meat products for stamps and tags
• Use only Grade A and B eggs (never use ungraded, cracked, or Grade C eggs)
• All milk must be pasteurized
• Do not serve food to the public that has not been prepared in an inspected food premises (i.e.
do not prepare food at home)

Transportation of Food

• Refrigerated trucks, mechanical refrigeration units, and insulated coolers are all methods that
can be used for transporting hazardous food to the event provided the food can be maintained
at 4°C or less. Thermometers must be placed in each cooler or refrigeration unit to monitor the
temperature of the food.

Food Temperatures

• Keep cold foods cold and hot foods hot! Hazardous foods must be held at 4°C or lower for
cold foods or 60°C or above for hot foods.
• Frozen food must be held at -18°C or lower.
• Cold holding units must be equipped with thermometers.
• Cook/Reheat foods to the proper temperature.
• A probe thermometer is required to check internal temperatures of food.

Food Protection

• Food and food preparation surfaces must be protected from contamination by means of
shields, cabinets, containers. Condiment containers must have closable lids with separate
dispensing utensils or be in bulk dispensing units (ie. squeeze bottles or pump).
• Only single service items (e.g. disposable plates and cups) are allowed for serving food
to customers.
• Keep raw meat separate from ready-to-eat foods.
• All barbecue stations and food vending carts must have an umbrella or covering
to protect food from contamination.
• Floors of food preparation areas must be of sound construction and readily cleanable.

Food Handlers

• Food handlers must follow good personal hygiene practices: wash hands frequently, refrain
from smoking or eating while handling food, wear clean clothing and hair coverings.
• Use utensils to handle food to minimize direct hand contact.
• Do not handle money and food without washing hands in between. It is recommended that
one person be in charge of food handling and another in charge of handling money.
• Gloves are not a substitute for handwashing. Each time gloves are changed, hands must
be washed. Change your gloves as often as you would wash your hands.

Sinks

• A separate hand wash basin supplied with hot and cold running water must be conveniently
located for food handlers in the food preparation area, with a supply of liquid soap and paper
towels.
• A two compartment sink is required for cleaning and sanitizing utensils.

Water Supply

• Water used for drinking, food preparation, handwashing and dishwashing must be potable. For
water sources other than a municipal water treatment system, the health unit must be notified
in advance so that the water source can be assessed and tested (3 samples taken over 3 weeks
are required).
• Disinfect drinking water distribution systems (e.g. hoses) prior to the event. Hoses supplying
water to food premises must be made of food grade material (not garden hoses).
• If a water hauler is being used to supply the event, the company name and address must
be provided to the health unit in advance so the water source and vehicle can be
inspected.

Sanitary Facilities and Waste Water Disposal

• Have washroom facilities and hand wash stations available for vendors and patrons.
Portable facilities and hand wash stations are acceptable.
• Keep facilities in a clean and sanitary condition.
• All sewage waste, including sink waste, must be disposed of in a clean and sanitary manner.
No wastewater can be dumped onto the ground. Holding tanks must be pumped out as often
as is necessary and the waste must be disposed of at an approved dump station.

table showing the number of toilets and washbasins required based on attendance

Garbage Disposal

• Each food vendor must have appropriate garbage receptacles equipped with lids.
• An adequate number of garbage receptacles shall be provided for use by the public and placed
in locations convenient for use.
• Garbage receptacles must be emptied as necessary, but not less than once daily,

Animal Exhibits/Petting Zoos

• Post signs at each animal exhibit stating the following:

NOTICE
Wash hands with soap and water after touching animals.
Do not eat or drink while touching animals (a sample sign
is provided for our convenience)

• Ensure manure is quickly and thoroughly cleaned up and appropriately discarded
• Do not allow the public to drink unpasteurized milk
• Ensure barriers are adequate to impede the touching of animals that should not be handled by
the public (e.g. newborns)
• Do not display animals that are ill or those known to be positive for E. coli 0157:H7 and
other infectious diseases
• Clean and disinfect rails and floors daily
• Do not set up animal exhibits in proximity to food premises.
• Provide hand wash stations in close proximity to these areas.

For further information on petting zoos, please contact the Community Health Protection Department at our Brockville office at 613-345-5685 or at Smiths Falls office at 613-283-2740.

THE EVENT MUST BE OPERATED IN SUCH A MANNER, TO ENSURE NO HEALTH HAZARDS EXIST ON THE SITE.

ADDITIONAL CONSIDERATIONS FOR YOUR SPECIAL EVENT

DO YOU HAVE AN EMERGENCY PLAN?

We all hope that each event we plan will go smoothly and not be interrupted by an emergency. During
special events, there usually are large numbers of people attending, some local people, but many could be visitors to the area who are unfamiliar with your community. It is important to contemplate the types of incidents that could occur such as medical emergencies or severe weather events and have a plan in place to alert people of impending dangers and what action to take, as well as a plan of evacuation for the site. It is advisable to work with fire officials, the police, the emergency management coordinator and the health unit to ensure that should an emergency occur, the casualties and/or deaths can be prevented or at least minimized.

Health Unit Poster reminding people to wash their hands

Leeds, Grenville & Lanark District Health Unit
MAIN OFFICE:
458laurier Blvd.
Brockville, ON K6V 7A3
Tel: 613-345-5685
Fax: 613-345-714

COMMUNITY HEALTH PROTECTION DEPARTMENT

SPECIAL EVENT COORDINATOR NOTIFICATION FORM

COORDINATOR INFORMATION:

Owner/Operator Name:
Corporation Number:
Address:
Town/City: _________________ Postal Code:
Telephone: ___________ Fax Number:
E-mail:

DESCRIPTION OF EVENT:

Name of Event:
Location/Address of Event:
___Public Park ___ Street ____Fairground ___Mall Property ____Other:
Start date of Event:, _________ ,End Date of Event: ———–
Daily Operating Hours: _______ Expected Number of Attendees: _____ _

DESCRIPTION OF SERVICES:

Sanitary Facilities (Indicate Number):

Portable toilets _____ Portable Handwash Basins ____ Permanent toilets ____
Permanent handwash basins _____

WATER SUPPLY:

ALL PREMISES PREPARING FOOD MUST HAVE A SUPPLY OF POTABLE HOT AND COLD RUNNING WATER UNDER PRESSURE

Potable water supplied to vendors ___ Yes ___ No

How? ___ Water Truck Dwell ___ Municipal, ___ Other ______________________

Water Sample taken (if non-municipal source): ____ Yes ____ No

Date: ___________ Result: Total Coliform ___ E. coli ___

HYDRO

Electricity available to vendors? ___ Yes ___ No

Refrigeration trucks available to vendors? ____Yes ____ No

Backup power available? ____ Yes ____ No

GARBAGE

Garbage bins supplied to vendors? ____ Yes ____ No
Garbage must be disposed of at least daily.

VENDORS

Total number of food vendors: _________________________________________

Type of food supplied: ________________________________________

Animal Exhibits: ____Yes ____ No

Personal Services (i.e. tattooing): ____ Yes ____ No

VENDOR REGISTRATION LIST: (If additional space is required, please use separate page)

Name of Vendor
Mailing Address
Telephone Number

FOR OFFICE USE ONLY

Approved  ____ Not Approved ____

Comments:

NOTE:
Notification is for Health Unit requirements only. Other permits may be required. Please contact the township office where you plan to hold the event.

_________________________                                    ________________________

Public Health Inspector Signature                                          Operator Signature

_________________________                                     ________________________
Date                                                                                                Date

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