This is the exact embedded text of the captured official document.
Snapshot b845cce49cdd · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
VILLAGE OF BERWYN
BYLAW 695
Being a bylaw relating to the licensing and regulation of businesses in
the VILLAGE OF BERWYN
Title
1.
This Bylaw may be cited as the "Business License Bylaw".
Definitions
2.
In this Bylaw:
(a)
"Business" includes any business, occupation, activity, amusement,
entertainment, trade employment, profession or calling and the
provision of a service of any kind that is conducted for the purpose
of earning income, whether or not it is conducted for the purpose of
earning a profit;
(b)
"Business License" means a license to operate a Business, as
issued in accordance with this Bylaw;
(c)
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other substance
defined as cannabis in the Cannabis Act (Canada) and its
regulations;
(d)
"Cannabis Accessory" means a thing, including rolling papers or
wraps, holders, pipes, water pipes, bongs, vaporizers, that is
represented to be used in the consumption of cannabis or a thing
that is represented to be used in the production of cannabis;
(d.1) "Chief Administrative Officer" or "CAO" means the individual
appointed by Council to the position of Chief Administrative Officer
under section 205 of the Municipal Government Act and pursuant to
the Chief Administrative Officer Bylaw;
(e)
"VILLAGE" means the VILLAGE OF BERWYN;
(f)
"License Holder" means the Person to whom the applicable
Business License has been issued;
(g)
"License Inspector" means the Person appointed under Section 3;
(h)
"Not For Profit Organization" means a non-profit organization as
defined in the Municipal Government Act, R.S.A. 2000, cM-26;
(i)
"Registered Society" means is an independent legal entity, a
corporate 'person' that exists separate and apart from its
members.
(j)
"Person" includes an individual, sole proprietorship, corporation,
partnership, joint venture, co-operative or society;
(k)
"Public Nuisance" means any of the following:
(i)
the production of any generally offensive odours; or
(ii)
the generation of unreasonably loud, raucous or unusual
noise which annoys, disturbs, or detracts from the comfort,
repose or peace of any other person of ordinary sensitivity;
(l)
"Regulated Business" means a business that is identified in a
Schedule to this Bylaw, excluding Schedule "A", in relation to which
Council may adopt regulations in addition to those set out in the
body of this Bylaw;
(m)
"Restricted Product" means any of the following:
(i)
Cannabis, as defined in subsection (c); or
(ii)
Cannabis Accessory, as defined in subsection (d)
(n)
"Special Event" means a trade show, craft fair, farmers' market, or
any event permitted as such by the CAO;
(o)
"BERWYN" means the geographic area of the VILLAGE;
(p)
"this Bylaw" includes any schedule to this Bylaw;
(q)
"Transfer" includes a sale or gift.
The License Inspector
3.
(1)
The CAO must appoint a License Inspector.
(2)
If the CAO does not appoint a License Inspector, the CAO is the
License Inspector.
(3)
The License Inspector may delegate any duty or responsibility of
the License Inspector to an employee or agent of the VILLAGE.
Powers and Responsibilities of the License Inspector
4.
The powers and responsibilities of the License Inspector are:
(a)
to receive and consider applications for Business Licenses,
including the power to consult with, obtain information from and
verify information with other employees or agents of the VILLAGE,
other governments, government agencies or Persons;
(b)
to issue Business Licenses, impose conditions on Business
Licenses and refuse to issue Business Licenses;
(c)
to revoke and suspend Business Licenses;
(d)
to keep a record of all Business Licenses issued and any
particulars of those licenses;
(e)
to maintain a register of Business Licenses that is available to all
departments of the VILLAGE to access for the purpose of
administering and enforcing this Bylaw, any other bylaw of the
VILLAGE or enactment of Alberta or Canada;
(f)
to undertake any inspections of lands or buildings and make any
inquiries necessary to ensure compliance with this Bylaw;
(g)
to be responsible for the administration and enforcement of this
Bylaw, and
(h)
to exercise any other power, responsibility or discretion provided
under this Bylaw.
Directory
5.
(1)
The License Inspector may publish or authorize the publication of a
publicly available directory of Businesses in the VILLAGE.
(2)
Unless subsection (3) applies, the directory may contain any
information provided by an applicant or License Holder under this
Bylaw.
(3)
At the time information is provided under this Bylaw, an applicant or
License Holder may require that information not be included in a
directory that may be published under subsection (1).
(4)
When an applicant or License Holder provides information under
this Bylaw, the applicant or License Holder must be given an
opportunity to exercise the right under subsection (3).
(5)
The License Inspector may establish terms and conditions under
which a directory is published or information included in it.
(6)
The License Inspector may also include information in the directory
in relation to a person who is not required to hold a Business
License under this Bylaw:
(a)
on the request of that person, and
(b)
on terms and conditions established by the License
Inspector, including payment of a fee for inclusion.
Requirement for a Business License
6.
(1)
A Person that carries on or operates a Business in BERWYN
must hold a valid Business License issued under this Bylaw.
(2)
Subsection (1) applies to whether a person carries on or
operates a Business as a principal or as an agent.
Exclusions from the Requirement for a Business License
7.
(1)
The following persons may carry on or operate a Business in
BERWYN without a Business License:
(a)
the Crown in right of Alberta;
(b)
the Crown in right of Canada;
(c)
a Crown corporation;
(d)
the VILLAGE,
(e)
a Person whose Business is carried on as part of a Special
Event,
(f)
a Person whose Business is expressly exempted from the
requirement of a Business License by a statute of the
Legislature of Alberta or Parliament of Canada.
(2)
If only part of a Business is covered by an exemption under
subsection (1), the person who carries on or operates the Business
must comply with this Bylaw in respect of any part of the Business
that is not exempted.
Application for a Business License
8.
(1)
A person must submit an application for a Business License to the
License Inspector.
(2)
The application must be in the form required by the License
Inspector and include the following:
(a)
the applicant's name;
(b)
the name of the Business and any trade names under which
the Business is to be conducted;
(c)
the phone number of the Business;
(d)
the operating address of the Business;
(e)
the mailing address of the Business;
(f)
the proper name of the owner of the business, including the
corporate access number if any;
(g)
the address of the owner of the Business;
(h)
the phone number of the owner of the Business;
(i)
the name and phone number of an emergency contact for
the Business;
(j)
a description of the nature of the business that includes, the
type of business, the number of employees and whether the
Business will use or store hazardous materials;
(k)
the signature of the applicant or the applicant's agent;
(l)
any other information that the License Inspector may
reasonably require for the purpose of the administration of
this Bylaw, and
(m)
the Business License fee specified under Schedule A,
unless that Business is exempt under Section 9.
(3)
In addition to the information required in subsection (2), an
applicant for a Business License for a Regulated Business must
also provide the information and documents required by the
Schedule applicable to that Business.
(4)
If there is any change to the information provided to the License
Inspector in the application for a Business License during the term
of a Business License, the License Holder must immediately advise
the License Inspector in writing of the change.
Exemption from Fees
9.
(1)
A Not For Profit Organization and Registered Societies may
apply to the License Inspector for an exemption from the
Business License fee required under Schedule A.
(2)
An application under subsection (1) must be in the form required by
the License Inspector and must include:
(a)
the name of the Not For Profit Organization and Societies;
(b)
information regarding the corporate structure of the Not For
Profit organization or Registered Societies, including a BN,
registered charity number, or other governmental
authorization;
(c)
the nature of the business engaged in by the Not For Profit
Organization or Registered Society;
(d)
a description of how the proceeds from the Business are or
will be used to advance the objectives of the Not For Profit
Corporation or Registered Society, and
(e)
a description of the Not For Profit Organization's or
Registered Societies activities in BERWYN and elsewhere.
(3)
After receipt of an application under subsection (2), the License
Inspector may waive the Business License fee in whole or in part if
the License Inspector considers that such a waiver is in the best
interests of the VILLAGE and its inhabitants.
(4)
The License Inspector may establish policies that guide the
circumstances under which the License Inspector will waive a
Business License fee.
(5)
A waiver under subsection (3) does not relieve the Not For Profit
Organization from otherwise complying with the terms of this Bylaw.
Considering the Application
10.
(1)
The License Inspector must consider each complete application.
(2)
Subject to subsection (3), the License Inspector must grant a
Business License to the applicant if the applicant meets the
requirements of this Bylaw.
(3)
The License Inspector may refuse to issue a Business License or
impose conditions on a Business License if the License Inspector:
(a)
has revoked or suspended a Business License of the
applicant for the same or a similar Business within the past
12 months, or
(b)
has reasonable grounds for believing that the applicant does
not or will not comply with this Bylaw, another bylaw of the
VILLAGE, or enactment of Alberta or Canada in relation to
the carrying on or operation of the Business.
(c)
has reasonable grounds for believing that issuing a Business
License with respect to the proposed Business is not in the
public interest.
(4)
At any relevant time the License Inspector may impose, in addition
to the conditions referenced under subsection (3), conditions on a
new or existing Business License in relation to the establishment or
operation of the applicable Business.
(5)
The License Inspector must specify on the Business License:
(a)
the name of the License Holder and each name under which
the Business is to be conducted;
(b)
a description of the type of Business for which the license is
issued;
(c)
the Schedule, if any, applicable to a Regulated Business;
(d)
the location where the Business is to be conducted;
(e)
any conditions on the Business License, and
(f)
the expiry date of the Business License.
Business License Fee
11.
(1)
If the Business License fee for a Business License is not paid, the
Business License is not valid.
(2)
Once the License Inspector has issued a Business License, the
Business License fee is not refundable.
Effect of and Limitations on a Business License
12.
(1)
Subject to subsection (4), a Business License allows the License
Holder to operate or carry on the Business described in the
Business License and a Business License for a Regulated
Business allows the License Holder to operate or carry on the
Regulated Business described in the Business License provided
that the License Holder complies with the specific regulations
adopted by Council for that Regulated Business.
(2)
A separate Business License is required for each location in the
VILLAGE where that business is carried on.
(3)
A Business License remains the property of the VILLAGE.
(4)
A Business License does not relieve the License Holder from the
obligation to obtain any other permit, license or other approval that
maybe required under another bylaw of the VILLAGE or any
other governmental authority.
(5)
If a License Holder Transfers a Business to another Person, the
License Holder or the new transferee may apply to the License
Inspector to Transfer the Business License to that Person.
(6)
An application under subsection (5) must:
(a)
be made within five business days of the Transfer of the
Business;
(b)
be in the form required by the License Inspector;
(c)
be signed by the License Holder, and the Person to whom
the Business is Transferred, and
(d)
include all or any of the information required under Section 8
that the License Inspector requires.
(7)
If an application for a Transfer is not made within the time specified
under subsection (6)(a), the Business License is revoked on the 6th
business day following the Transfer of the Business.
Term of Business License
13.
A Business License issued under this Bylaw expires on December 31 of
the year for which it was issued, unless it is revoked earlier under Section
12 of this Bylaw.
Obligations of Business License Holder
14.
(1)
A License Holder must ensure that the Business conducted under a
Business License complies with:
(a)
this Bylaw, including additional requirements of any
Schedule appended to and forming a part of this Bylaw;
(b)
any conditions imposed on the Business License; and
(c)
in the event that, in the opinion of the License Inspector, the
sale and/or display or Restricted Products has caused a
Public Nuisance to the immediate area surrounding the
premises from which Restricted Products are sold, the
License Inspector may impose the following conditions on
the related Business License in addition to any other
conditions that may be imposed under this Bylaw;
(i)
A requirement that no sales of Restricted Products
can occur between the hours of 10:00PM and
10:00AM; and
(ii)
A requirement that all Cannabis must be held in
sealed containers or sealed packaging while it is
stored, displayed, or otherwise kept at the premises
from which it is sold.
(2)
A License Holder must:
(a)
post the Business License in a conspicuous place in the
premises where the Business under the license is carried on
or operated, and
(b)
produce the Business License to the License Inspector or
Bylaw Officer if requested to do so.
(3)
A License Holder must give access to the premises specified in the
Business License to the License Inspector or a Bylaw Officer.
14.1 (1)
No person may sell a Restricted Product to a minor.
(2)
No person shall display a Restricted Product at a place of business
such that the Restricted Product is visible from outside the place of
Business.
(3)
The restrictions of this section 14.1 do not apply in the context of a
licensed or regulated pharmacy as contemplated by the Pharmacy
and Drug Act RSA 2000 c. P-13, or a licensed Business within
which such licensed or regulated pharmacy is operated.
(BL 9/2012)
Cancellation of Business License by a License Holder
15.
(1)
A License Holder may cancel a Business License by providing a
written notice to the License Inspector.
(2)
If a license is cancelled under subsection (1), the Business License
fee is not refundable.
Revocation or Suspension of Business License by License Inspector
16.
(1)
If the Business carried on or operated under a Business License
does not comply with:
(a)
this Bylaw;
(b)
any condition imposed on the license, or
(c)
any other bylaw or enactment of Alberta or Canada
applicable to the business or the premises where the
Business is located,
the License Inspector may revoke the Business License or suspend the
Business License for a period that the License Inspector considers
appropriate.
(2)
If an applicant for a Business License provides inaccurate or
misleading information in an application for a Business License, the
License Inspector may revoke the Business License or suspend the
Business License for a period that the License Inspector considers
appropriate.
(2.1) The License Inspector, upon the reasonable belief that it is within
the public interest to do so, may revoke the Business License or
suspend the Business License for a period that the License
Inspector considers appropriate.
(3)
The License Inspector must give written notice of the revocation or
suspension, setting out in general terms the reason for the
revocation or suspension and in the case of a suspension the
period of the suspension.
(4)
The revocation or suspension of a Business License under
subsection (1) is effective:
(a)
24 hours after delivery if the written notice is delivered
personally to the License Holder or the registered office of a
corporate License Holder;
(b)
72 hours after posting if the written notice is posted in a
conspicuous place at the premises specified in the license
where the Business is to be conducted or operated, or
(c)
seven days after mailing if the written notice is mailed by
ordinary mail to the mailing address provided in the
application for a Business License or the address
subsequently provided in writing under Section 8(4),
whichever is earliest.
(5)
In the notice suspending or revoking a license, the License
Inspector may increase the time before which a revocation or
suspension is effective from that established under subsection (4).
(6)
If the License Inspector increases the amount of time under
subsection (5), the License Inspector may impose conditions on the
Business License that the License Inspector considers reasonable
to ensure the protection of the public and the integrity of the
administration of this Bylaw.
(7)
A License Holder must cease carrying on or operating a Business
immediately once a suspension or revocation is effective.
(8)
The License Inspector may act under subsection (1) in addition to
or instead of prosecuting an offence under this Bylaw or the
Provincial Offenses Procedure Act, or both.
Appeals
17.
(1)
If the License Inspector:
(a)
refuses to issue a Business License;
(b)
revokes or suspends a Business License;
(c)
identifies a Business subject to a Schedule;
(d)
imposes a condition on a Business License, or
(e)
refuses to waive a fee for a Not For Profit Organization,
the applicant or License Holder may appeal the decision to the
Appeal Committee.
(2)
An appeal must be:
(a)
in writing, setting out the reasons for the appeal;
(b)
accompanied by the appeal fee required by Schedule A, and
(c)
delivered to the office of the CAO within seven days of the
date that the License Holder is first notified of the decision of
the License Inspector under Section 16(4).
(3)
On the filing of an appeal in accordance with subsection (2), a
decision to revoke or suspend a Business License is stayed for 30
business days or until the date the appeal hearing is scheduled,
whichever occurs first.
(4)
As soon as reasonably possible after the filing of an appeal in
accordance with subsection (2), the CAO must appoint an Appeal
Committee for the purpose of hearing the appeal unless the CAO is
the License Inspector under Section 3.
(5)
If the CAO is the License Inspector under Section 3, the Council
must appoint an Appeal Committee.
(6)
An Appeal Committee must comprise three residents of BERWYN,
but must not include the CAO, License Inspector or an employee of
the VILLAGE who works under the direction of the License
Inspector.
(7)
The Appeal Committee must schedule the hearing of the appeal
within 30 days of the filing of the notice of appeal.
(8)
Subject to the requirements of this Bylaw, the Appeal Committee
may establish the procedure for the hearing of the appeal, grant
adjournments and stay a decision to revoke or suspend a Business
License subject to conditions.
(9)
The Appeal Committee must issue its decision with reasons, in
writing, within seven business days of the conclusion of the
hearing.
(10)
The Appeal Committee may:
(a)
uphold the decision of the License Inspector;
(b)
vary the decision of the License Inspector or substitute its
own decision, or
(c)
overturn the decision of the License Inspector.
(11)
The decision of the Appeal Committee is final.
Inspection of Lands and Buildings
18.
If there are reasonable grounds for believing that a person is carrying on
or operating a Business without a Business License, the License Inspector
or Bylaw Officer may inspect lands or a building to determine whether a
person is carrying on or operating a business without a Business License.
A business License is not a Representation of Compliance with
other Bylaws
19.
A Business License issued under this Bylaw is not a representation to the
License Holder that the Business complies with the requirements of any
other bylaw or enactment, and the License Holder is responsible to ensure
that the License Holder complies with all applicable bylaws and
enactments.
Offence
20.
(1)
A Person is guilty of an offence if that Person:
(a)
carries on or operates a Business in BERWYN without a
Business License as required under this Bylaw, unless an
exclusion under Section 7 applies;
(b)
carries on or operates a Business in BERWYN in breach of
a condition imposed on a Business License; or
(c)
is in breach of any provision of this Bylaw.
(2)
When a corporation commits an offence under this Bylaw, every
principal, director, manager, employee or agent of the corporation
who authorized the act or omission that constitutes the offence or
assented to or acquiesced or participated in the act or omission that
constitutes the offence is guilty of the offence whether or not the
corporation has been prosecuted for the offence.
(3)
If a partner in a partnership is guilty of an offence under this Bylaw,
each partner in that partnership who authorized the act or omission
that constitutes the offence or assented to or acquiesced or
participated in the act or omission that constitutes the offence is
guilty of the offence.
(4)
In the case of an offence that is of a continuing nature, a
contravention of a provision of this Bylaw constitutes a separate
offence with respect to each day, or part of a day, during which the
contravention continues, and a Person guilty of such an offence is
liable to a fine in an amount not less than that established by this
Bylaw for each such separate offence.
(BL 9/2012)
Fines and Penalties
21.
A Person who is guilty of an offence under this Bylaw is liable
(a)
to a fine in the amount of up to $500.00; or
Municipal Violation Tag
22.
(1)
A Bylaw Officer may issue, with respect to an offence under this
Bylaw, a Municipal Violation Tag specifying the fine amount
(including any Early Payment fine amount) as may be established
by this Bylaw.
(2)
Where a Municipal Violation Tag is issued, the fine amount
indicated thereon may be paid as directed in lieu of prosecution.
Violation Ticket
23.
(1)
A Bylaw Officer may issue, with respect to an offence under this
Bylaw, a Violation Ticket:
(a)
specifying the fine amount established by this Bylaw; or
(b)
requiring an appearance in court without the option of
making a voluntary payment.
(2) Where a Violation Ticket specifies a fine amount, a voluntary
payment equal to the specified fine amount may be made as
directed.
SCHEDULE "A"
TO BUSINESS LICENSE BYLAW 43/2000
Effective January 1, 2022
GST EXEMPT
1. The fees for licenses are:
Business
2023
Column 1
Column 2
Column 3
Business
License to
which neither
Column 2 nor
Column 3
apply
Business
License issued
on or after May
1 for business
that was not
carried on or
operated
before May 1
Business
License issued
on or after
September 1
for business
that was not
carried on or
operated
before
September 1
In Town Business
25
15
10
In Town Business Payments
made after January 31 for
businesses in operation
prior to January 1.
50
Cannabis Retail Store
75.00
50
25
Cannabis Retail Store
payments made after
January 31 for businesses
in operation prior to January
1.
150.00
2. The appeal fee is $30 for
each decision appealed
30.00
30.00
30.00
1) For the purpose of this schedule:
a) "In Town Business" means a Person who
i) resides in BERWYN and carries on or operates a Business in
BERWYN, or
ii) carries on or operates a Business from premises in BERWYN which
the Person owns or rents.
b) "Out of Town Business" means any Person, other than an In Town
Business, who carries on or operates a Business in BERWYN.
c) "Cannabis Retail Store" means any Person who carries on or operates a
Business from premises in BERWYN that displays or offers for sale
Cannabis.
i.
"Premises" means land, buildings or both.
First Reading given on the 28th day of July, 2022.
______
Cindy Hockley, Mayor
Matthew Norburn, Chief Administrative Officer
Second Reading given on the ______ day of _____________ 2022.
______
Cindy Hockley, Mayor
Matthew Norburn, Chief Administrative Officer
Third and Final Reading given on this _____ day of _______________, 2022.
______
Cindy Hockley
Matthew Norburn, Chief Administrative Officer