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BYLAW 06-2017
THE BUSINESS LICENSE BYLAW
A BYLAW OF THE TOWN OF BARRHEAD, IN THE PROVINCE OF
ALBERTA TO REGULATE, CONTROL AND LICENSE BUSINESSES
OPERATING IN THE TOWN OF BARRHEAD.
WHEREAS, pursuant to the provisions of the Municipal Government Act, being
Chapter M26, of the Statues of Alberta, 2000, and amendments thereto, a Council
may pass Bylaws respecting Businesses, Business activities, and persons engaged
in Business; and,
WHEREAS, the Council of the Town of Barrhead has deemed it in the best
interests of providing good government to pass a Bylaw regulating, controlling
and licensing Businesses or Business activity in the Town of Barrhead;
NOW THEREFORE, duly assembled in a Regular Meeting, the Council of the
Town of Barrhead, in the Province of Alberta, enacts as follows:
1.
Title
This Bylaw shall be referred to as the Business License Bylaw.
2.
Bylaw 04-2000, the Business License Bylaw, is hereby rescinded.
3.
Definitions
In this Bylaw, unless context requires otherwise, the word, term or
expression:
a) "Applicant" means a person who applies for a Business License, or
renewal of a License, required by this Bylaw.
b) "Application" means a written Application, on a form approved
pursuant to this Bylaw, for a Business License required by this Bylaw.
c) "Business" means:
i) a commercial, merchandising, or industrial activity or
undertaking,
ii) a profession, trade, occupation, calling or employment,
iii) an activity providing goods or services.
d) "Business License" means a License issued pursuant to this Bylaw, on
a form approved pursuant to this Bylaw, for the purposes of allowing a
Business to operate within the corporate limits of the Town of
Barrhead.
e) "Business License Officer" means the Town of Barrhead employee or
agent designated by the Council of the Town of Barrhead to enforce
the provisions of this Bylaw.
f) "Business License Year" means the calendar year from January 1 and
ending December 31of the same year.
g) "CAO" means the Chief Administrative Office of the Town of
Barrhead.
h) "Council" means the Municipal Council of the Town of Barrhead.
i) "Development Authority" means the person or group whom, through
Bylaw, Council has delegated development powers on behalf of the
municipality.
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j) "General Contractor" means a person or Business who enters into a
contract to manage or otherwise oversee the erection, alteration,
cleaning, moving, repair, or demolition of a building or structure. The
General Contractor is responsible for managing the Sub-trades in any
project.
k) "Hawkers and Peddlers" means any person who, whether as a
principle or agent:
goes from door to door selling or offering for sale any
merchandise or service to any person, and who does not have a
permanent place of Business in Town;
offers or exposes for sale to any person by means of samples of
merchandise or services or both to be afterwards delivered or
shipped into the municipality;
sells merchandise or a service or both, on the streets or roads
or elsewhere other than an permanent place of Business.
l) "Home Based Business" means any occupation, trade,
profession or craft, including a bed and breakfast operation and
home day care, carried on by an occupant of a residential
building as a use secondary to the residential use of the building
and which does not change the character thereof.
m) "Mobile Food Vending Unit" means any motorized, non-
motorized, trailer, pushcart or other devise designed to be
portable and not affixed to any land or structure from which food
is vended, sold, served, displayed, offered for sale or given away.
n) "Mobile Food Vendor" means any person who sells, serves or
gives away food from a mobile vending unit designed for that
purpose.
o) "Mobile Vendor Permit" means a document authorizing a Mobile
Food Vendor to operate within the Town of Barrhead pursuant to
this bylaw.
p) "Municipal Tag" means a ticket alleging an offence issued
pursuant to the authority of a bylaw of the Town of Barrhead.
q) "Non-Resident" means a person or Business whose office or premises
is not located in either the Town of Barrhead or the County of
Barrhead No. 11.
r) "Peace Officer" means a member of the RCMP, a Community Peace
Officer duly appointed by the Solicitor General or a Bylaw
Enforcement Officer as appointed by the Town.
s) "Public Property" means any road, sidewalk, lane, boulevard, parking
lot, park, open area, structure or building that is owned or leased by the
Town of Barrhead, or any other government body.
t) "Resident" means a person or Business whose office or premises is
located within the Town of Barrhead or the County of Barrhead No.
11.
u) "Sub-trades" means any person or Business who enters into a contract,
or contracts to do work on a project under the supervision of a General
Contractor.
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v) "Temporary Business" means a Business License granted to a person
who intends to carry on a Business in the municipality for a period of
not more than 1 week (7 days).
w) Violation Ticket" shall have the meaning ascribed to it by the
Provincial Offence Procedures Act, R.S.A. 2000, c. P-34, as
amended, or its successor legislation;
4.
Requirement for a Business License
a) Any Businesses operating, or proposing to operate, within the Town of
Barrhead, are required to apply for, and obtain, a Business License.
b) Any person who carries on or operates a Business at more than one
location shall obtain a separate Business License for each location.
5.
Business License Exemption
a) A Business does not require a Business License if the only reason they
are in the Town of Barrhead is to conduct warranty work on a project
where a Business License was previously granted.
b) Any person selling fruits, vegetables or grains that are grown by the
person themselves, is not required to apply for or obtain a Business
License.
c) The participants of a Farmer's Market, with the appropriate Provincial
approvals, and the Farmer's Market itself, are not required to apply for
or obtain a Business License.
d) A Business carried on by the Government of the Alberta or Canada, a
Business, trade or industry that is exempt under Provincial legislation.
e) The Town receives written confirmation stating the Business is no
longer operating in Town.
f) The Business is a non-profit organization.
g) The Business is providing goods or services to the residents of seniors
lodge/extended care home exclusively.
6.
Hawkers and Peddlers, Door to Door Sales
a) No person shall carry on Business as a hawker or peddler unless and
until such time the person is a holder of Business License pursuant to
this bylaw.
b) No person shall carry on a Business as a hawker or peddler on any
public property unless expressed written permission is obtained by and
at the discretion of the Town.
c) Hawkers or peddlers shall be permitted to operate on private land
provided that permission has been granted by the landowner.
d) Hawkers, peddlers and door to door sales persons shall be required to
carry a copy of the Business License with them at all times while they
are operating within the Town limits.
e) Hawkers and Peddlers operating within the Town shall abide by this
and all bylaws in force in the Town of Barrhead.
f) Violations of any provision of this bylaw or complaints received by
the Town, will result in the Business License being revoked.
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7.
Mobile Food Vendors
a) No person shall carry on a mobile food Vendor business without a
valid business license from the Town of Barrhead.
b) No person shall operate a mobile food vending unit within the Town
limits without first obtaining a valid food handling permit from
Alberta Health Services (AHS) and providing a copy of the same to
the Town office.
c) A mobile food Vendor shall carry the necessary general commercial
liability insurance to operate a mobile food vending unit and provide a
copy of the same to the Town office.
d) All mobile food vending units using cooking equipment shall have a
fully charged fire extinguisher accessible to the operator. and obtain
fire inspection approval from Barrhead Fire Services
e) A mobile food vending unit shall not impede traffic and/or pedestrians,
endanger public safety or cause an unwelcome disturbance and must
comply with all applicable bylaws of the Town.
f) Generators use to provide power to the mobile vending unit may be
permitted if the generator does not create a noise or pollution
disturbance.
g) A mobile food vending unit shall not operate on a public highway
controlled by Alberta Transportation without written permission from
Alberta Transportation and a copy provided to the Town.
h) Mobile food Vendors must provide garbage and recycling receptacles
for customers to discard any waste from the products sold
i) Vendors shall not:
(i) discharge fat or other waste into the Town storm sewer system;
(ii) leave a mobile vending unit unattended,
(iii) leave a location without first ensuring the area is free of any debris
associate with the business;
(iv) solicit or conduct business with persons in motor vehicles;
(v) carry on illegal activity from the mobile vending unit
j) In all cases the Vendor shall indemnify and save harmless the Town
from any actions, claims, damage, or loss arising from the operation or
location of the mobile food vending unit or anything undertaken or
neglected to be undertaken in connection with this business license and
requirements.
8..
Application for a Business License
a) Applications for a Business License shall be in writing, and on the
Application approved pursuant to this Bylaw (see Application Forms).
b) Applications for a Business License must be accompanied by the
appropriate License fee as approved pursuant to this Bylaw (see
Appendix A - Fees). No Business License Application shall be
processed without the appropriate fee.
c) General Contractors have the option to apply for a General Contractors
License (see Appendix A - Fees). This Business License is valid for
one project only, and will cover all Sub-trades working under the
supervision of the General Contractor.
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d) If a Business is planning to operate a Business in the Town of
Barrhead for a short time only, it will have the option of applying for a
Temporary Business License (see Appendix A - Fees). A temporary
License is valid for a 7 day period of time only.
e) Should an Application for a Business License be denied for any of the
reasons outlined in this Bylaw, the License fee, less a ten dollar ($10)
administration fee, shall be returned to the Applicant.
9.
Approval of a Business License Application
a) The Business Licensing Officer shall review all Business License
Applications before approval is granted.
b) Should a Business require, in the opinion of the Business Licensing
Officer, planning approval, such approval will be secured from the
appropriate Development Authority prior to approval of the Business
License Application.
c) The Business Licensing Officer may refuse to approve a Business
License Application for the following reasons:
i) failure to receive the proper planning approval
ii) the Business proposed is contrary to municipal, provincial or
federal regulation or statute
iii) the Application is not accompanied by the appropriate License
fee
iv) the Applicant has an outstanding License fee from prior years.
d) The approval of a Business License in no way removes the
responsibility of the Applicant to ensure that it will receive all other
required approvals pursuant to municipal, provincial or federal
regulation or statute.
e) The Business License (see Appendix E - Business License), once
approved, must be placed in a conspicuous place within the Business,
or if this is not feasible due to the type of Business, available for
inspection by a Peace Officer at any time that Business is being carried
out.
f) Should the Business License Officer refuse to grant a Business
License, he/she must communicate, in writing, the reasons for the
decision.
10.
Term of a Business License
a) A Business License fee is due and payable upon receipt of renewal
invoice and failure to pay the fee within 60 days of the invoice date
will result in an additional 20% charge and or a penalty pursuant to
this bylaw. All new Business License Applications must remit
applicable payment (Appendix B - Fees) when Application is
submitted for approval.
b) Unless revoked or surrendered at an earlier date, a Business License is
valid for the Business License Year, or part thereof, in the year that it
was applied for and granted, regardless of the date of purchase.
c) At no time will the Town of Barrhead refund, in whole or in part, a
Business License paid to it pursuant to this Bylaw.
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11.
Transfer of a Business License
a) Should a Business be sold to a new owner, the new owner may, with
the Business License holders written permission, apply for transfer of
the Business License to the new owner's name. The Application must
be in writing, on the form supplied (see Appendix D - Transfer of a
Business License), with the appropriate fee.
b) Should a business request to transfer a food vending unit to a new
owner/vendor, the new owner/vendor must comply with Section 7 of
this bylaw and provide the necessary documentation prior to issuance
of the business license.
12.
Revocation of a Business License
a) The Business License Officer may, if in his/her opinion there are
reasonable and justifiable grounds, revoke a Business License granted
pursuant to this Bylaw.
b) Should the Business License Officer choose to revoke a Business
License, the Business License holder must be served written notice
fourteen (14) days prior to the revocation taking place. Such written
notice must include the reasons for the revocation.
c) At the expiration of the fourteen day period following notice of a
Business License revocation, the Business License holder is hereby
compelled to surrender, upon request, the Business License to the
Business License Officer.
13.
Right to Appeal
a) A Business License holder or Applicant has the right to appeal to the
CAO the decision of the Business License Officer, made pursuant to
this Bylaw.
b) An appeal of the decision of the Business License Officer must be
made within 30 days of the date of his/her decision. An appeal must be
in writing, must include a copy of the Business License Officer's
notification, and must include the reasons for the appeal.
c) The CAO may, after receiving the appeal, and hearing the evidence
that he/she considers relevant, take any of the following steps:
i) direct that a Business License be issued to the Applicant
ii) uphold the refusal to grant a Business License
iii) direct that the revocation of the Business License be struck
down
iv) uphold the revocation of the Business License
d) The decision of the CAO is binding on all parties involved.
14.
Penalties
a) Any person or Business who contravenes, through direct action or
omission, any section, sub-section, or other provision of this Bylaw is
guilty of an offense.
First Offense
$250.00
2nd & Subsequent Offenses
$500.00
In addition, each offense shall include those costs associated with the
enforcement and prosecution of the offense.
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b) In the case where the specific offense is related to the non-payment of
the License fee established by this Bylaw, the outstanding fee will, in
addition to the penalties set out by this Bylaw, be required to be paid
as part of penalty imposed.
15.
General Provisions
a) It is the intention of Council that each separate provision of this Bylaw
shall be deemed independent of all other provisions herein and it is
further the intention of Council that if any provisions of this Bylaw be
declared invalid, all other provisions thereof shall remain valid and
enforceable.
b) Bylaw 09-2014 of the Town of Barrhead and any amendments are
hereby repealed.
c) This Bylaw will take full force on the day of its final reading.
Read a first time this 23rd day of May , 2017.
TOWN OF BARRHEAD
Mayor, Gerry St. Pierre
Kathy Vickery, Director of Corporate Services
Read a second time this 23rd day of May , 2017.
TOWN OF BARRHEAD
Mayor, Gerry St. Pierre
Kathy Vickery, Director of Corporate Services
Read a third time this 23rd day of May , 2017 and passed.
TOWN OF BARRHEAD
Mayor, Gerry St. Pierre
Kathy Vickery, Director of Corporate Services
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APPENDIX "A" - FEES
The Business License Fees pursuant to Bylaw 09-2014 are as follows:
ANNUAL LICENSES
Resident Annual License - $125.00
Home Based Business Annual License - $175.00
Non - Resident Annual License - $250.00
NOTE: After August 31 of any given year the annual Licenses fees are reduced by 40%
(Excluding Temporary Business License, Hawkers, Peddlers, Door to Door Sales & Food
Vending units where these fees will remain the same as noted below)
OTHER LICENSES
Hawkers, Peddlers, Door to Door Sales $75.00/week
Temporary Business License - $50.00/Week
Food Vending Unit License - $125.00/yearly
General Contractor License - $500.00
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APPENDIX "B"
TOWN OF BARRHEAD
BUSINESS LICENSE APPLICATION
Box 4189, 5014-50 Avenue, Barrhead, AB T7N 1A2
Phone: (780) 674-3301 Fax: (780) 674-5648 e-mail: [email protected]
Application:
New
Renewal
Date:
Applicant Information:
Name:
Phone:
Address:
Postal Code:
Business Information:
Business Name:
Address:
Postal Code:
Phone:
Fax:
E-mail:
Website:
Type of Business:
AMVIC Registration Number (if applicable):
Provincial Business License Number (if applicable):
Number of Employees:
Emergency Contact (in case of fire etc.)
Name:
Phone:
Fire Department Information:
Are any dangerous goods or chemicals stored at the Business location?
Yes
No
If yes, please provide product description:
Quantity of hazardous product:
Product I.D. No. (PIN)
What type of storage containers are the products in? (i.e. bulk, drum, cylinders, etc.):
_____________________________ _
Where are the hazardous products stored on the property? _________________________________________
_____________________________________________________________________________________________________________
Signatures:
Date
Signature of Applicant
For Office Use Only
Resident
Non-Resident
Hawker/Peddler
Temporary
Contractor
License No:
Amount Paid:
Receipt No.:
Date
Signature of Inspector
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APPENDIX "C"
TOWN OF BARRHEAD
MOBILE FOOD VENDOR BUSINESS LICENCE APPLICATION
Box 4189, 5014-50 Avenue, Barrhead, AB T7N 1A2
Phone: (780) 674-3301 Fax: (780) 674-5648 e-mail: [email protected]
Application:
New
Renewal
Date:
Applicant Information:
Name:
Phone:
Address:
Postal Code:
Business Information:
Trade or Business Name:
Address:
Postal Code:
Phone:
E-mail:
Website:
Vendor Unit Type:
Ice Cream Truck : _____
Make:_______________ Model:_____________ Year: ____________ Colour:____________ License Plate: ______________
Food Truck : _____
Make:_______________ Model:_____________ Year: ____________ Colour:____________ License Plate: ______________
Food Trailer : _____ License Plate: ______________
Other: (Please describe)___________________________________________________________________________
Products
Please List the products/services provided:
____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
Please provide the following information with your mobile food vending application:
____ Food Handling permit issued by Alberta Health Services
____ Barrhead Fire Services inspection approval
____ General Commercial Liability Insurance confirmation
____ Picture of food vending unit
Signature/Date:
Date
Signature of Applicant
For Office Use Only
Resident
Non-Resident
Hawker/Peddler
Temporary
Mobile Food Vendor
License No:
Amount Paid:
Receipt No.:
Date
Signature of Inspector
Each Vending unit requires a separate application, Select the vending unit type below that best describes your
unit and fill out the vehicle registration information if required.
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APPENDIX "D"
TOWN OF BARRHEAD
HOME BASED BUSINESS APPLICATION
Box 4189, 5014-50 Avenue, Barrhead, AB T7N 1A2
Phone: (780) 674-3301 Fax: (780) 674-5648 e-mail: [email protected]
Application:
New
Renewal
Date:
Annual Fee:
$175.00
Applicant Information:
Applicants Name:
Business Name: ____________________________________________________
Phone No(s): Res:
Business:____________________
Civic Address:
Postal Code:
Mailing Address (If different from above):
_______________________________________________________
Email Address: ________________________________________
Business Information
1.
Describe the Business:
_________________________________________________________________
2.
What will the hours of operation be?
______________________________________________________
3.
Will there be clients coming to the home?
Yes
No
If yes how many _________________ and how often? _____________________
4.
If applicable how many off-street parking stalls are provided? ___________________________
5.
Will there be any storage of stock, materials, goods and equipment inside the home?
Yes
No If yes what is stored?
___________________________________________________
Where is it stored? ________________________________________________________
7.
Will there be deliveries made to the home?
Yes
No
If yes, what type and how often __________________________________________________
Fire Department Information:
Are any hazardous/flammable goods or chemicals stored as a result of the Business?
Yes
No (ie solvent, paint thinners, special cleaner etc)
If yes, please provide product description:
Quantity of hazardous product:
_________________
What type of storage containers are the products in? ____
Where are the hazardous/flammable products stored?
_____________________________________________
Signatures:
Date
Signature of Applicant
For Office Use Only
License No:
Amount Paid:
Receipt No.:
Land Use District:
Date
Signature of Inspector or Development
Authority
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HOME BASED BUSINESSES
a) A Home Based Business shall be operated as a secondary use only and shall not change the
principal character and external appearance of the dwelling in which it is located.
b) A Home Based Business may have one non-illuminated facia sign or nameplate to identify it,
either within or flat attached to the dwelling with a maximum area of 0.92 m2 (2.0 ft2).
c) A Home Based Business shall not use more than 27% of the gross floor area of the residence.
d) A Home Based Business shall not create any dust, ,traffic, congestion, late visitations, noise,
odours, noxious fumes, interference with telecommunications or vibrations emanating from the
premise which is not normally produced by a dwelling unit.
e) A home occupation shall not generate any pedestrian or vehicular traffic or parking that is a
source of inconvenience to adjacent landowners or tenants.
f) There shall be no outside storage of materials, commodities or finished products.
g) A Home Based Business shall be reviewed upon receipt of a complaint by an affected landowner.
A permit for a Home Based Business may be suspended or revoked on the basis of non
compliance on 30 days notice.
h) A Home Based Business shall not create on-street parking that may be determined by the
Development Authority to be an inconvenience to adjoining landowners or tenants.
i) This provision does not apply to Home Based Businesses that have no Non-Resident employees,
no signage, client visitations and is otherwise indistinguishable from the principal residential use.
BED AND BREAKFAST OPERATIONS
(1) Persons wishing to operate a bed and breakfast operation shall be required to apply for a Home
Based Business License from the Town of Barrhead.
(2) A bed and breakfast operation shall be limited to residential land use districts and shall be
contained entirely within the principal building.
(3) A bed and breakfast operation shall be limited to one meal provided on a daily basis to registered
guests only with such meal being prepared in one common kitchen and served in one common
room.
(4) In addition to the off-street parking requirements for the dwelling unit itself, as stipulated in the
Land Use Bylaw, 1 (one) off-street parking space per rented guest room shall be required for a
bed and breakfast operation.
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APPENDIX "E"
TRANSFER OF BUSINESS LICENSE
Business Name:
Previous Owner:
(Business License Holder)
New Owner:
Please read the following carefully, then date and sign.
1 authorize the Town of Barrhead to transfer the Business License for
into the name of the new owner,
(Business Name)
.
(New Owner)
(Date)
(Business License Holder)
FOR OFFICE USE ONLY
Transfer Fee Paid
Receipt No.
Transfer completed by
NOTE: A new Business Application must be completed and attached to this transfer document
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APPENDIX "F"