That the Safety and Facilities Services Committee recommend to City Council:
Whereas the Business Licensing By-law 120-2005, as amended (“Licensing By-law”) is a by-law to license, regulate and govern certain businesses operating in the City of Oshawa (“City”); and,
Whereas the Licensing By-law defines Food Shops in four (4) classes which pertain to business operations where food stuffs intended for human consumption are made for sale, offered for sale, stored or sold, but does not include a licensed Refreshment Vehicle or a Bed and Breakfast Establishment; and,
Whereas food stuffs are any thing offered, intended or held out as being available for human consumption (including drink) which includes but is not limited to food in raw, unpackaged, prepared and prepackaged form; and,
Whereas prepackaged food generally refers any food stuff that is not prepared or modified at the location of sale and is contained in a package in the manner in which it is ordinarily sold to or used or purchased by a person; and,
Whereas Schedule “F” of the Licensing By-law requires that any person operating a Food Shop apply for, attain, maintain and renew a Food Shop Licence in accordance with the Licensing By-law; and,
Whereas individuals that sell food stuffs exclusively in a prepackaged form have raised concerns related to their requirement to attain and maintain a Food Shop Licence; and,
Whereas on February 27, 2023 Council directed staff to conduct a modernization review of the Licensing By-law and report back to Safety and Facilities Service Committee with potential by-law amendments to update the Licensing By-law; and,
Whereas Council considers it appropriate to exempt persons who sell food stuffs exclusively in a prepackaged form from the Food Shop licensing requirements detailed in Schedule “F” of the Licensing By-law for the duration of the City’s review of Licensing By-law;
Therefore be it resolved that persons who sell food stuffs exclusively in a prepackaged form be exempt from Schedule “F” of the Business Licensing By-law 120-2005, as amended, for the duration of the Licensing By-law review.