Public hears Orangeville’s proposed restaurant bylaw amendments

November 23, 2023   ·   0 Comments


Orangeville is set to take its proposed Restaurant Bylaw to the public.

Tracy MacDonald, the town’s assistant clerk, described suggested changes to update the current restaurant regulations when council met on Nov. 20. It was also a chance for the public to provide feedback about the proposed changes.

Staff will report back to council with the draft legislation during a meeting possibly Dec. 11, MacDonald said.

“In reviewing this bylaw, we are trying to move towards more consistency across our licensing framework,” she said. “We’re trying to incorporate the same language and wording in this bylaw as we do in our other licensing and permitting bylaw.”

Revisiting Orangeville’s Restaurant Bylaw is part of the Regulatory Bylaw Review Work Plan Update adopted by Council on Jan. 23.

The current Restaurant Bylaw was adopted in 2004 and establishes rules and regulations for the licensing of restaurants in the town. This bylaw was amended to reflect a change in the expiry date for restaurant licenses.

The proposed Restaurant Bylaw has been developed, taking into consideration an administrative framework that creates regulations to ensure public safety.

The new rules were developed by way of a consistent approach with regulations and general licensing provisions set out in the town’s regulatory and general licensing bylaws.

As part of the process to update the current bylaw, staff undertook a comprehensive review of best practices of comparable municipalities’ restaurant bylaws. Staff looked to Barrie, Brampton, Halton Hills, Leamington, Wasaga Beach, and Woodstock.

“We’re not recommending an increase in the restaurant fee at this time,” MacDonald said. “We kind of already fall just in the middle of what others are changing, so we think that’s fair at this time.”

MacDonald said one of the biggest amendments under the proposed bylaw is that any charitable or not-for-profit organization that prepares food for sale and requires a license will be exempt from the fee for that license.

“That keeps them in the framework and also makes sure that the Health Department still has to go out and do their inspection so that we’re keeping the public safe,” she said.

Applicants will be required to submit a copy of their incorporating documents or business name registration, if applicable.

Proof of valid insurance of not less than $2 million and naming the municipality as an additional insurer is required.

“We are the only one of the comparators that we reviewed that don’t already ask for insurance,” MacDonald said. “Honestly, it is just from a risk management perspective that we’re just trying to protect the town.”

“Sounds very reasonable,” said Councillor Tess Prendergast.

One member of the gallery broached the habit of smoking by Broadway restaurant patrons at the sidewalk dining setups. Provincial legislation requires smoking to be limited to a specific number of metres from an establishment’s entrance.

“This is what I’ve noticed and it should be mentioned and brought up, I think,” he said.

“If that is going on, I would encourage residents to report that to bylaw (enforcement staff),” said Deputy Mayor Todd Taylor. “Make the phone call or send an email to our bylaw department and the bylaw department will deal with that appropriately.”

Coun. Andy Macintosh asked about the possibility of many license applicants claiming to be a charitable organization to shirk the fee.

“Is there a definition of a charitable organization?” he said.

“It means a non-profit organization including a club, society, or association that is organized and operated exclusively for social welfare, civic improvement, recreation, and any other purpose except for profit,” MacDonald said.

Money raised by the non-profit can’t be used for the operator’s personal gain. Rather, it must go toward the stated cause.

“Essentially, the determination would be at the licensing issuer’s discretion,” she said.

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