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TOWN OF CALMAR
BYLAW #2023-06
BEING A BYLAW OF THE TOWN OF CALMAR, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE
REGULATION, CONTROL AND LICENSING OF BUSINESSES AND TRADES, PROFESSIONS AND
OCCUPATIONS CARRIED ON WITHIN THE CORPORATE LIMITS OF THE TOWN AND TO PROVIDE FOR
THE APPOINTMENT OF A BUSINESS LICENSE OFFICER.
WHEREAS, pursuant to Section 7(a) and Section 8 of the Municipal Government Act, C. M-26, RSA, 2000, as amended,
a Council may pass bylaws for municipal purposes respecting to businesses, business activities and person(s) engaged in
business; and regulate, control and license said businesses;
WHEREAS, pursuant to Section 7(i) of the Municipal Government Act, C. M-26, RSA, 2000, as amended, a Council may pass
bylaws for municipal purposes respecting the enforcement of bylaws made under the Municipal Government Act or any other
enactment including any or all of the matters listed therein; and
AND WHEREAS, it is deemed desirable and equitable to enact a bylaw establishing a system of licensing,
regulation and control for businesses, trades, professions and occupations carried on within the Town of Calmar.
NOW THEREFORE, the Council of the Town of Calmar, in the Province of Alberta, duly assembled enacts as follows:
1.
TITLE
This Bylaw shall be cited as the "Business Licensing Bylaw.
2.
INTERPRETATION and DEFINITIONS
In this Bylaw, unless the context otherwise requires:
a)
"Applicant" means a person who applies for a license or renewal of a license required by this Bylaw.
"Application" means a written application for a business license as provided by this Bylaw.
"Business" means any business, trade, profession, industry, occupation, employment or calling and the
providing of good and / or services.
b)
c)
d)
Business License Category" means one of the following:
"Resident Business" means a person, firm or corporation within the corporate boundaries of the
Town of Calmar who operates their business, trade, profession or occupation from taxable
premises.
"Non-Resident Business" means a person, firm or corporation who does not operate its
business, trade, profession or occupation from taxable premises with the Town of Calmar.
"Resident General Contractor" means any person, company, firm or corporation who is based
with the Town of Calmar and normally engaged in the building and/or construction industry, and
who accepts contracts as principal in the excavation, erection, construction, alteration, repair or
demolition of any building or structure. It shall not include the owner of any building or premises
personally doing work in, upon or about such building or structure.
"Non-Resident General Contractor" means any person, company, firm or corporation who is
not based with the Town of Calmar and normally engaged in the building and/or construction
industry, and who accepts contracts as principal in the excavation, erection, construction,
alteration, repair or demolition of any building or structure. It shall not include the owner of any
IV.
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building or premises personally doing work in, upon or about such building or structure.
"Sub-Contractor" means any person, company, firm or corporation who performs under contract
to a General Contract. Sub-Contractors are included under the veil of the General Contractor's
License, when performing duties on a specific project, otherwise the Sub-Contractor must obtain
a separate business license.
V.
"Home-Based Business" means any person, company, firm or corporation operating out of their
place of residence within the Town of Calmar (either minor or major). Any Business License
application must be accompanied by a Development Permit application and the corresponding
fee. The Business License will not be issued until the Development Permit application is
considered and approved by the Development Authority Officer.
VI.
"Single Project Business" means any business license that is issued only for a specific purpose
and at a specific location.
VII.
"Business License Officer" means the Town of Calmar employee designated to carry out the provisions
of this Bylaw and designated by the Chief Administrative Officer (Town Manager).
e)
"Business Premises" means any store, office, warehouse, factory, building, enclosure, yard or other
place occupied or capable of being occupied for the purpose of carrying on a business.
f)
'Carries on" means to conduct, operate, perform, keep, hold, occupy, deal
"Carry on", "Carrying on
in or use, for a fee or exchange of benefits, whether as principal or agent.
g)
"Charitable or Non-Profit Organization" means and incorporated or unincorporated organization
formed for charitable purposes or for the promotion of general social welfare, and not organized for profit
or personal gain, including:
h)
a religious society or organization;
I.
a service club;
a community veterans or youth organization;
a social sport or fraternal organization or club;
IV.
an employer's or employee's organization.
V.
i)
"Charitable purpose" includes a philanthropic, benevolent, educational, heath, humane, religious
cultural, artistic or recreational purpose.
j)
"Chief Administrative Officer" means Town Manager of the Town of Calmar and any designate acting
or authorized by the Chief Administrative Officer to act on his/her behalf.
k)
Oouncil" means the Council of the Town of Calmar.
"Development Permit" requires meeting the zoning regulations that controls land uses in the Town of
Calmar. In all cases, a Development permit is required for approval prior to the issuance of a Business
License.
Hawker or Peddler" means a person not being a body corporate and who, whether as principal or agent;
m)
goes from house to house selling or offering for sale any merchandise to any person, and who is
not a wholesale or retail dealer in such merchandise to be afterwards delivered in or shipped into
the Town of Calmar, or;
I.
offers or exposes for sale to any person by means of sample, patterns, cuts or blueprints,
merchandise to be afterwards delivered or shipped into the Town of Calmar, or;
sells merchandise on the streets or roads or elsewhere than at a building that is his permanent
place of business or businesses that operate out of temporary structure, display or stand, but;
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does not include a person selling meat, fish, fruit or other farm produce that has been produced,
raised or grown by himself in Alberta, or;
IV.
does not include a person selling fish of his own catching in Alberta.
V.
License" means a Business License issued pursuant to this Bylaw.
n)
License Fee" means a fee payable for a license as established in "Schedule A'' attached to this Bylaw.
0)
"Person" means and includes an individual or a corporation and includes a partnership, association, firm,
or group of persons acting in concert unless the context explicitly or by necessary implication otherwise
requires.
P)
"Regional Business License" means a Business License issued by the Town of Calmar in conjunction
with the 39-20 Alliance, which holds validity in the Town of Calmar, Town of Thorsby, Village of Warburg
and Village of Breton.
q)
Town" means the Town of Calmar.
r)
APPOINTMENT OF BUSINESS LICENSE INSPECTOR
3.
The Council or Chief Administrative Officer (Town Manager) of the Town of Calmar shall appoint a Business
License Inspector to carry out the provisions of this Bylaw.
DUTIES OF BUSINESS LICENSE INSPECTOR
4.
To review and ensure compliance of applications for licenses and transfers thereof;
a)
To conduct investigations with regard to proposed applications where necessary;
b)
To conduct inspections of business premises where necessary;
c)
To investigate complaints lodged against a business, if necessary;
d)
To refuse or grant business licenses where deemed appropriate;
e)
To revoke business licenses where deemed appropriate and necessary;
f)
To suspend business licenses where deemed appropriate and necessary;
g)
To administer this Bylaw as far as practicable, ensure that all person(s) concerned conform to its
provisions and to commence prosecutions for violation of this Bylaw.
h)
To ensure the collection of fees and maintenance of records for all applications for licenses are managed.
i)
5.
BUSINESS LICENSE
No business or person, within or partly within the Town of Calmar, shall be engaged in any business,
profession, trade or occupation unless the person holds a valid Business License authorizing the business
or person to engage in or operate that business, profession, trade or occupation, unless specifically
exempted by law.
a)
Before the issuance of a Business License a person or business must submit to the Business License
Inspector:
b)
a complete Business License application with the appropriate fee;
I.
a complete Development Permit application, where required, and the appropriate fee, as set out
in the Fees and Rates Bylaw.
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6.
PROCEDURES AND CONDITIONS OF BUSINESS LICENSE
Any advertising of businesses, callings, trade or occupations referred to in this Bylaw shall be deemed to
be prima facie proof to the fact that the person or business advertising is carrying on or operating any
such business, calling, trade or occupation.
a)
b)
If the applicant is not the registered owner of the said property, a letter of authorization from the registered
owner, must be submitted along with the Business License Application.
No Business shall operate until such time the applicant holds a valid Development Permit where required
by this Bylaw and the Town of Calmar Land Use Bylaw.
c)
d)
No Business shall operate until such time the applicant holds a provides to the Town of Calmar with the
Business License Application a valid Provincial or Federal License as required by Law.
e)
All signage and advertising must comply with the Town of Calmar Land Use Bylaw.
7.
POSTING OF LICENSE
a)
Person(s) or a Business issued a Business License under this Bylaw will either:
Display the Business License in a conspicuous location in the place of business, or;
I.
Carry the license, or copy thereof, with them if there is no permanent place of business with the
Town of Calmar.
8.
LICENSE YEAR
The Town of Calmar shall invoice in November of each year to all holders of a valid Business License in
the previous calendar year.
a)
If payment has not been submitted and received by the last business day of January the Business License
shall may be terminated.
b)
If past due payment, for an existing business, is received after the last business day of January the fee
shall be doubled.
c)
All business license fees paid are non-refundable, however, should the Business License Inspector not
issue a business license the fee may be refunded.
c)
The business license fee, for a new business only, shall be reduced to one half of the fee when purchased
after the last day of August in any license year.
d)
EXEMPTIONS FROM REQUIRING A BUSINESS LICENSE
9.
Any business carried on by the Town of Calmar.
a)
A business carried on by the Government of the Province of Alberta or the Government of Canada or a
Crown Corporation created by either Government.
b)
A business expressly exempted from the requirement of a license by a statute or the Legislature of Alberta
or Parliament of Canada.
c)
A business that is a charitable or non-profit organization.
d)
Any person who is conducting business as a participant of a Trade Show, Craft Fair, Farmer's Market or
Garage Sale.
e)
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sx,
10.
OPTIONAL REGIONAL BUSINESS LICENSING
All Town of Calmar resident businesses, Including general contractors, after first obtaining a valid Town of Calmar
Business License, has the option to purchase a Regional Business License, in the amount of $50.00, which will
be valid for the provision of goods or services within the Town of Thorsby, Village of Warburg and Village of Breton,
without having to purchase a valid business license from the said three villages. All revenues generated by the
sale of a Regional Business License through the Town of Calmar shall be forwarded to the 39-20 Alliance.
11.
NOTIFICATION OF CHANGES
Any Licensee shall forthwith notify the Town of Calmar, in writing, of any changes in the address, phone numbers
or other pertinent information that was required on the application.
12.
TRANSFER OF LICENSE
A Business License granted pursuant to the provisions of this Bylaw, may upon approval of the Business License
Inspector, be transferred from one person or a company to another person or company, provided it is the same
type of business that will be operating from the property, and upon payment of a transfer fee to be paid at the time
of application for transfer.
13.
POWERS
REFUSAL -
Subject to the provisions of this Bylaw, upon receipt of an application for a business license,
the Business License Inspector may refuse to issue or renew a Business License, if, in his/her opinion
there are just and reasonable grounds for the refusal of the application.
a)
REVOCATION-Subject to the provisions of this Bylaw, where a Business License has been granted, the
Business License Inspector may revoke or suspend the Business License, if in his/her opinion there are
just and reasonable grounds for the revocation of the license.
b)
Reasonable and just grounds for refusal or revocation may include, but are not limited to:
c)
the applicant or Licensee does not or no longer meets this Bylaw or the Development Permit
approval with respect to the License applied for or held;
I.
the Licensee has breached a condition of the License;
the Applicant or Licensee or any of its officers or employees has contravened this Bylaw or
Development Permit approval whether or not the contravention has been prosecuted;
the Applicant or Licensee or any of its officers or employees furnishes false information or
misrepresents any fact or circumstance to the Business License Inspector, Chief Executive
Officer (Town Manager) or designate;
IV.
the applicant or Licensee or any of its officers or employees fails to pay any fee required by this
Bylaw or fines imposed by a Court for a contravention of this Bylaw;
V.
in the opinion of the Chief Executive Officer (Town Manager), Business License Inspector or
designate, it is in the public interest to do so.
VI.
14.
NOTICE OF REVOCATION OR SUSPENSION
Upon revocation or suspension as hereinbefore provided, the Business License Inspector shall notify the Licensee
thereof:
By delivery of notice to the person or business personally, or
a)
By double registered mail to the person, residence or business;
b)
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And, after the delivery of such notice, the business or occupation, as the case may be, shall not be carried on until
such time as a new Business License is issued or the suspended Business License is re-instated.
15.
NULLIFICATION OF LICENSE
Where any certificate, authority, license or other document of qualification under this or any other Bylaw, or under
any statute of Canada or the Province of Alberta, is suspended, cancelled, terminated or surrendered, any license
issued under this Bylaw, based in whole or in part on such certificate, authority, license or other document of
qualification, shall be revoked automatically forthwith.
16.
APPEALS
In every case where an application for a Business License has been refused, or an existing Business
License has been revoked, the person seeking the license or reinstatement may appeal to the Council of
the Town of Calmar within thirty (30) days after such refusal or revocation.
a)
All appeals shall be made in writing addressed to the Chief Administrative Officer (Town Manager) for the
Town of Calmar and shall be dated as of the date received by the Chief Administrative Officer (Town
Manager).
b)
The Council of the Town of Calmar, after hearing the applicants appeal may:
c)
direct a Business License be issued;
direct a Business License be issued with conditions;
II.
refuse to grant a Business License;
reinstate the Business License with or without conditions;
IV.
uphold the revocation of a Business License on grounds which appear just and reasonable.
V.
17.
SUPPLY AND INFORMATION
Every person(s) or business carrying on or engaged in any business in respect of which a license is required under
this Bylaw, upon receipt of request from the Business License Inspector, shall supply all information necessary to
enable him/her to carry out their duties.
18.
MANUFACTURED HOME PARK
The Business License fee for Manufactured Home Parks shall pay the amount as provided for in "Schedule A",
per year, per developed stall(s) occupied by a manufactured or mobile unit, except in the case where a
Development Agreement is in place between the Town of Calmar and the owner / operator of the Manufactured
Home Park.
19.
PENALTIES
Any person(s) or business in contravention of any provision of this Bylaw shall be guilty of an offense and liable
on summary conviction to a penalty as set out in "Schedule A".
Where an offense is nonpayment of a Business License fee hereunder, the convicting authority may adjudge the
payment of the Business License fee thereof in addition to the fine imposed.
20.
VOLUNTARY PAYMENT
Where any provisions of this Bylaw deemed to be contravened and an offense has been issued for the
contravention(s), the accused may avoid appearing in Court to answer the said charge by submitting a voluntary
payment to the Town of Calmar, as outlined in "Schedule A".
21.
SEVERABILITY
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5A.
Should any provision of this Bylaw be invalid, then such invalid provision shall be severed and the remaining Bylaw
shall be maintained.
22.
RECINDING OF AND SUSPENSION OF EXISTING CONTROLS
Bylaws No. 2017-13 is hereby rescinded.
23.
EFFECTIVE DATE
This Bylaw shall come into forces and effect upon the final reading of this Bylaw.
READ FIRST TIME THIS 06 DAY OF FEBRUARY 2023.
READ A SECOND TIME THIS 06 DAY OF FEBRUARY 2023.
READ A THIRD TIME, BY UNANIMOUS CONSENT, THIS 06 DAY OF FEBRUARY 2023
Mayor Carnahan
z
CAO L^ier
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