STREET FOOD, HEALTHIER

TORONTO MUNICIPAL CODE
CHAPTER 738, STREET FOOD, HEALTHIER
Chapter 738
STREET FOOD, HEALTHIER
ARTICLE I
Interpretation
§ 738-1. Definitions.
§ 738-2. General vending restriction.
ARTICLE II
(Reserved)
§ 738-3. - 738-8. (Reserved)
ARTICLE III
Toronto a la Cart Program
§ 738-9. Terms and conditions for the period from May 17, 2011 to December 31, 2013.
ARTICLE IV
Not-for-Profit Operation
§ 738-10. (Reserved)
ARTICLE V
(Reserved)
§ 738-11. - 738-17. (Reserved)
ARTICLE VI
Enforcement
§ 738-18. Removal.
§ 738-19. Offence.
Appendix A, Toronto a la Cart Locations
[HISTORY: Adopted by the Council of the City of Toronto 2008-12-03 by By-law No. 13122008. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 441.
Licensing — See Ch. 545.
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CHAPTER 738, STREET FOOD, HEALTHIER
ARTICLE I
Interpretation
§ 738-1. Definitions.
[Amended 2009-12-04 by By-law No. 1237-2009; amended 2012-07-13 by By-law No. 102920121
As used in this chapter, the following terms shall have the meanings indicated:
APPEALS COMMITTEE - The Street 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
2
Editor's Note: Definitions for "Designated Vending Location", "Endorsement Holder" and "Original Permit" were deleted.
Editor's Note: See R.S.O. 1990, c. H.7.
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CHAPTER 738, STREET FOOD, HEALTHIER
PUBLIC HIGHWAY - A highway as defined in subsection 3(1) of the City of Toronto Act, 2006.3
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.
§ 738-2. 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.
ARTICLE II
Reserved. 4
§§ 738-3. - 738-8. Reserved.
ARTICLE III
Toronto a la Cart Program
§ 738-9. Terms and conditions for the period from May 17, 2011 to December 31, 2013.
[Amended 2011-05-19 by By-law No. 686-2011]
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 §§ 315 11, 315-12, 31513, 315-17, 315-18, 315-19.1 and 315-19.2 of Municipal Code Chapter 315, Street
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
4
Editor's Note: See S.O. 2006, c. 11.
Editor's Note: By-law No. 1029-2012 enacted 2012-07-13 deleted Article II, Healthier Food Endorsements, in its entirety.
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CHAPTER 738, STREET FOOD, HEALTHIER
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, 2013.
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, Street 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.
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CHAPTER 738, STREET FOOD, HEALTHIER
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 § 738-2 and shall also be subject
to the provisions of § 738-18.
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
§ 738-10. (Reserved)
ARTICLE V
(Reserved)5
§§ 738-11. - 738-17. (Reserved).
ARTICLE VI
Enforcement
§ 738-18. Removal.
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. 686-2011 enacted 2011-05-19 deleted Article V, Street Food Pilot Appeal Committee, in its entirety.
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CHAPTER 738, STREET FOOD, HEALTHIER
Charges, plus any applicable taxes, per object, and must be paid prior to the release of the
object.
§ 738-19. 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 $5,000.
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CHAPTER 738, STREET FOOD, HEALTHIER
APPENDIX A
TORONTO A LA CART LOCATIONS
[Amended 2009-12-04 by By-law No. 1237-2009]
Ward
20
Public Squares and Parks Locations
Metro Hall - 1 spot
Location Fee
(excludes GST)
$7,500
20
Roundhouse Park
$5,000
23
Mel Lastman Square (south of fountain)
$7,500
23
Mel Lastman Square (north of fountain)
$7,500
27
Nathan Phillips Square - East side
$10,000
27
Nathan Phillips Square - West side
$7,500
27
Queen's Park (City owned parkland) west side of Queen's Park $5,000
Crescent West at Hoskin Avenue (signalized intersection)
20
HTO Park
$5,000
38
Albert Campbell Square – Scarborough Civic Centre
$7,500
Ward
On-Street Locations
22
1 St Clair Ave St Clair Ave E, south side east of Yonge St
E
Location Fee
(excludes GST)
$5,000
19
901 King
Street West
King St W, south side east of Strachan Ave
$5,000
22
2263 Yonge
Street
Eglinton Ave E, north side, east of Yonge St
$5,000
12
2687
Eglinton
Avenue West
Bicknell Ave, east side, south of Eglinton Ave
W
$5,000
38
3050
Lawrence
Avenue East
Lawrence Ave E, north side, west of
McCowan Road
$5,000
23
4900 Yonge
Street
West side approximately 25.0 metres north of
Elmhurst Street, adjacent to road, facing
4900 Yonge Street approximately 8 metres
north of existing transit shelter
$5,000
23
5095 Yonge
Street
Outer boulevard, facing 5095 Yonge Street
adjacent to the LCBO at the north-most
entrance door to the Empire Theatre
$5,000
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CHAPTER 738, STREET FOOD, HEALTHIER
Location Fee
(excludes GST)
$5,000
Ward
On-Street Locations
23
5576 Yonge
Street
Curb side, facing 5576 Yonge Street, adjacent
to the planter, approximately 14 metres north
of the north curb of Tolman Street
20
University
Avenue &
College
Street
North of College Street 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
$5,000
27
483 Bay
Street
Northeast corner: East of Bay Street on the
north side of Albert Street approximately
10 metres from the curb of Bay Street
$5,000
28
King & Bay
South East corner, outside of Commerce
Court
$7,500
20
150 King
Street West
North East corner facing King Street West
approximately 28.4 metres east of the east
curb at King and University
$5,000
27
525
University
Avenue7
North East corner of University Avenue and
$5,000
Elm Street. Approximately 15 metres north of
the north curbline of Elm Street
27
900 Bay
Street
Between Wellesley Street West and Grosvenor $7,500
Street. West side of Bay Street opposite
Breadalbane Street. Approximately 8 metres
south of the main entrance to 900 Bay Street
(Macdonald Block)
7
Enclosure must be restricted to 1.22 metres measured from the rear face of the cart.
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