TORONTO MUNICIPAL CODE CHAPTER 738, STREET FOOD, HEALTHIER. Chapter 738 STREET FOOD, HEALTHIER. ARTICLE I Interpretation. ARTICLE II (Reserved)

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1 Definitions General vending restriction (Reserved) TORONTO MUNICIPAL CODE Chapter 738 STREET FOOD, HEALTHIER ARTICLE I Interpretation ARTICLE II (Reserved) ARTICLE III Toronto a la Cart Program Terms and conditions for the period from May 17, 2011 to December 31, (Reserved) ARTICLE IV Not-for-Profit Operation ARTICLE V (Reserved) (Reserved) Removal Offence. Appendix A, Toronto a la Cart Locations ARTICLE VI Enforcement [HISTORY: Adopted by the Council of the City of Toronto by By-law No Amendments noted where applicable.] GENERAL REFERENCES Fees and charges See Ch Licensing See Ch

2 Definitions. TORONTO MUNICIPAL CODE ARTICLE I Interpretation [Amended by By-law No ; amended by By-law No As used in this chapter, the following terms shall have the meanings indicated: APPEALS COMMITTEE - The Food Vending Pilot Appeals Committee for the City or such other body as may be delegated the responsibilities under this chapter. BUSINESS LICENCE - A licence issued under Municipal Code Chapter 545, Licensing, as that chapter may be amended or replaced from time to time. CART - A pushcart or other portable display unit approved for the purpose of vending which would be considered to be a street food vending cart as defined under Ontario Regulation 562 under the Health Protection and Promotion Act. 2 EXECUTIVE DIRECTOR - The Executive Director of the Municipal Licensing and Standards Division for the City of Toronto or his or her delegate, or any person acting under his or her authority. GENERAL MANAGER - The general manager of the Economic Development, Culture and Tourism Division of the City of Toronto or his or her delegate, or any person acting under his or her authority. HEALTHIER FOODS - Subject to the approval of the Medical Officer of Health, foods which: A. Emphasize vegetables and fruits; B. Offer whole grain choices; C. Offer lower-fat milk and alternatives; D. Offer leaner meat and meat alternatives; E. Are low in saturated and trans fats; F. Are prepared using healthy and lower-fat cooking methods; G. Limit use of butter, hard margarine, lard and shortening; and H. Limit the amount of added fat, sugar and salt used in food preparation. LICENSEE - A person who enters into a license agreement with the City under Article III of this chapter. MEDICAL OFFICER OF HEALTH - The Medical Officer of Health for the City of Toronto Health Unit or his or her delegate, or any person acting under his or her authority. 1 Editor's Note: Definitions for "Designated Vending Location", "Endorsement Holder" and "Original Permit" were deleted. 2 Editor's Note: See R.S.O. 1990, c. H

3 PUBLIC HIGHWAY - A highway as defined in subsection 3(1) of the City of Toronto Act, TORONTO A LA CART LOCATION - A location designated for the sale of healthier foods under Article III of this chapter. VEND - To sell or offer to sell by retail or to prepare, display, place or expose for the purposes of sale by retail any foodstuffs, and "vending" shall have a corresponding meaning General vending restriction. A. No person shall at any time in, over or upon the public highway or other City property, vend or otherwise stop, park, place, store, stand or leave any cart on the public highway or other City property, including in a Toronto a la Cart location, for the purposes of vending other than vending healthier foods as permitted under this chapter. B. For greater certainty, Subsection A shall not prohibit the sale of foodstuffs where specifically authorized under a permit or business licence issued under another by-law of the City Reserved. ARTICLE II Reserved. 4 ARTICLE III Toronto a la Cart Program Terms and conditions for the period from May 17, 2011 to December 31, [Amended by By-law No ] Despite any other City by-law, those licensees who participated in the "Toronto a la Cart" program prior to May 17, 2011 shall be permitted to continue to vend in the Toronto a la Cart location assigned to them as of May 17, 2011 from the locations as listed in Appendix A to this chapter until December 31, 2013, subject to entering into a licence agreement with the General Manager, on behalf of the City, upon such terms and conditions as may be required by the General Manager, in consultation with the City Solicitor, including the following: A. All vending by the licensees shall be subject to the requirements of , , , , , and of Municipal Code Chapter 315, Vending, of the former City of Toronto, as amended from time to time, except as otherwise indicated in this chapter. B. Those licensees having previously paid location fees for the 2010 vending season shall be reimbursed. 3 Editor's Note: See S.O. 2006, c Editor's Note: By-law No enacted deleted Article II, Healthier Food Endorsements, in its entirety

4 C. All location fees otherwise owing by the licensees for the 2010 vending season shall be forgiven. D. No location fees shall be payable by the licensees for the remainder of the term to December 31, E. The licensees shall only use their locations for the purpose of vending the approved healthier food menu items permitted for sale by the licensee as of May 17, 2011, or such other healthier food menu options as may be approved by the General Manager in his or her sole discretion, and for no other purpose. F. All carts and other equipment used by the licensees shall be subject to the prior approval of the City. G. The licensees shall be permitted to have signage solely as required to display their menus, provided that no third party advertising signage of any kind shall be permitted. H. The licensees shall be permitted to incorporate their businesses for the purposes of entering into or assuming the license agreement, provided that any future change in effective control or ownership of the corporation shall be prohibited as constituting an assignment or transfer of the license agreement contrary to the provisions of Municipal Code Chapter 315, Vending, of the former City of Toronto. I. Any licensee choosing to incorporate their business shall be required to provide the General Manager with notice of the incorporation, including the articles of incorporation and details of any change in business name, ownership, corporate directors or officers, billing location or contact address as a result of the incorporation or any future changes. J. The term of the agreement shall be until December 31, 2013, with no right of renewal, provided that the licensees shall immediately be offered new permits for their locations for the sale of healthier foods if and when such new permits become available and any future vending by licensees shall, subject to Subsection 738-9D, be subject to the regulations then generally applicable to all vendors possessing such permits. K. The actual cooking of raw foods which are classified as hazardous under the Health Protection and Promotion Act or the regulations made under that Act shall not be permitted on the cart. L. The licensee shall immediately remove all "Toronto A La Cart" logos or markings from their carts and return them to the General Manager, and agree that any removable sign or logos or other markings on panels or awnings required by the City to identify the cart as being part of the "Toronto a la Cart" program shall be deemed to be the property of the City and the City shall be entitled to require the removal or covering of those logos or markings as a condition of entering into a license agreement under this Subsection A

5 M. The licensee agrees that any violation of the terms of the agreement shall be deemed to be a violation of this chapter and that the licensee, in addition to any remedies available under the agreement, may also be charged with an offence under and shall also be subject to the provisions of N. Any violations of the terms and conditions of an agreement entered into under this section shall be deemed to be a violation of the provisions of this chapter. ARTICLE IV Not-for-Profit Operation (Reserved) ARTICLE V (Reserved) (Reserved) Removal. ARTICLE VI Enforcement A. Any cart, vehicle or other object which is stopped, parked, placed, stored or left on the public highway or other City property, including in a Toronto a la Cart location, in contravention of the provisions of this chapter or an agreement made under this chapter may be immediately removed and impounded by the City. B. Where a cart, vehicle or other object has been removed and impounded, it may be returned to the legal owner upon the payment of the City's costs of removal and storage, plus administration costs, as set out in Subsection D below. C. Any perishable object or refreshment in the removed cart, vehicle or other object shall become the property of the City upon removal and may be destroyed or given to a charitable institution. D. Despite Subsection B, in the event that the cart is the subject of an agreement which has been terminated or suspended under Article III of this chapter, the City shall be entitled to remove and retain any sign, panels or awning displaying the logos or other markings required by the City to identify the cart as being part of a City program under Article III. E. If the cart, vehicle or other object is not claimed by the owner within 60 days after its removal, it shall become the property of the City and may be destroyed or given to a charitable institution. F. The fees to be paid in the event of removal, storage and release by the City of a cart, vehicle or other object under this section shall be as set out in Chapter 441, Fees and 5 Editor's Note: By-law No enacted deleted Article V, Food Pilot Appeal Committee, in its entirety

6 Charges, plus any applicable taxes, per object, and must be paid prior to the release of the object Offence. 6 Every person who contravenes the provisions of this chapter or an agreement made pursuant to this chapter, and every director or officer of a corporation who knowingly concurs in a contravention of the provisions of this chapter by the corporation, is guilty of an offence. 6 Editor's Note: This section was passed under the authority of section 366 of the City of Toronto Act, 2006, S.O. 2006, c. 11, and, under section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, a person convicted of an offence under this section is liable to a fine of not more than

7 APPENDIX A TORONTO A LA CART LOCATIONS [Amended by By-law No ] Location Fee Ward Public Squares and Parks Locations (excludes GST) 20 Metro Hall - 1 spot $7, Roundhouse Park 23 Mel Lastman Square (south of fountain) $7, Mel Lastman Square (north of fountain) $7, Nathan Phillips Square - East side $10, Nathan Phillips Square - West side $7, Queen's Park (City owned parkland) west side of Queen's Park Crescent West at Hoskin Avenue (signalized intersection) 20 HTO Park 38 Albert Campbell Square Scarborough Civic Centre $7,500 Ward On- Locations Location Fee (excludes GST) 22 1 St Clair Ave E St Clair Ave E, south side east of Yonge St King West Yonge Eglinton Avenue West Lawrence Avenue East Yonge Yonge King St W, south side east of Strachan Ave Eglinton Ave E, north side, east of Yonge St Bicknell Ave, east side, south of Eglinton Ave W Lawrence Ave E, north side, west of McCowan Road West side approximately 25.0 metres north of Elmhurst, adjacent to road, facing 4900 Yonge approximately 8 metres north of existing transit shelter Outer boulevard, facing 5095 Yonge adjacent to the LCBO at the north-most entrance door to the Empire Theatre

8 Ward On- Locations Yonge 20 University Avenue & College Bay Curb side, facing 5576 Yonge, adjacent to the planter, approximately 14 metres north of the north curb of Tolman North of College on the west side of University Avenue adjacent to the curb, immediately south of the TTC Subway Entrance and north of the street lighting pole in that location Northeast corner: East of Bay on the north side of Albert approximately 10 metres from the curb of Bay 28 King & Bay South East corner, outside of Commerce Court King West University Avenue Bay North East corner facing King West approximately 28.4 metres east of the east curb at King and University North East corner of University Avenue and Elm. Approximately 15 metres north of the north curbline of Elm Between Wellesley West and Grosvenor. West side of Bay opposite Breadalbane. Approximately 8 metres south of the main entrance to 900 Bay (Macdonald Block) Location Fee (excludes GST) $7,500 $7,500 7 Enclosure must be restricted to 1.22 metres measured from the rear face of the cart