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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1667
BUSINESS LICENSING BY-LAW
(Consolidated to 1667B - March 26, 2024)
TOWN OF CARDSTON
BYLAW 1667
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Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 2
TITLE ....................................................................................................................... 2
PURPOSE ................................................................................................................. 2
DEFINITIONS ........................................................................................................... 2
RULES FOR INTERPRETATION ................................................................................ 6
PART II - GENERAL PROVISIONS ............................................................. 6
SECTIONS ................................................................................................................ 6
PART III - RECIPROCAL BUSINESS LICENSE AGREEMENTS ................... 11
PART IV - FARMERS OR FLEA MARKETS ............................................... 11
PART V - MOBILE STREET VENDORS ..................................................... 12
PART VI - PAWN BROKER AND SECOND HAND DEALER ......................... 14
PART VII : TAXI CAB OPERATORS ......................................................... 18
PART VIII : LICENSE INSPECTOR ........................................................... 19
PART IX : FINES AND PENALTIES .......................................................... 19
ENFORCEMENT ....................................................................................................... 21
PART X : SEVERABILITY ........................................................................ 22
EFFECTIVE DATE .................................................................................................... 22
REPEAL .................................................................................................................... 22
PART XI: LICENCED PREMISES .............................................................. 22
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BYLAW 1667
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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1667
BUSINESS LICENSING BY-LAW
A BY-LAW OF THE TOWN OF CARDSTON, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR
THE LICENSING AND REGULATION OF BUSINESSES, TRADES, AND OCCUPATIONS.
WHEREAS, under the authority of the Municipal Government Act, R. S. A. 2000, Chapter M-
26, and amendments thereto, municipalities are given authority to enact bylaws in regards to the
licensing of businesses, the Council of the Town of Cardston, duly assembled, enacts as follows:
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1) This bylaw shall be known as the "Business Licensing By-Law"
of the Town of Cardston.
PURPOSE
2) The Purpose of this Bylaw is to provide for the licensing and
regulation of businesses, trades, and occupations within the
Municipality of the Town of Cardston.
DEFINITIONS
3) In this bylaw, unless the context otherwise requires:
(a) "Business" - shall include an ongoing business, trade
profession, industry, occupation, employment or calling, or
enterprise, and the providing of goods and/or services for
remuneration.
(b) "Charitable or Non-Profit Organization" - shall mean a
person acting for charity or in the promotion of general
social welfare or others and includes:
i. Religious societies or organizations
ii. Service clubs
iii. Community, veteran's or youth organizations
iv. Social, sport, or fraternal organizations or clubs
v. Any organization able to produce documentation that it is
non-profit, by way of a Provincial Non-profit
Registration Number issued by the Province of Alberta.
(c) "Chief Administrative Officer" - shall mean the Chief
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Administrative Officer of the Town of Cardston and anyone
authorized by the Chief Administrative Officer to act on
his/her behalf.
(d) "Commercial Business" - shall mean a business which
operates in an area within the Town of Cardston limits that
is classified for assessment purposes as commercial or
industrial, unless the main purpose of the building is
residential.
(e) "Contractor" -
i. shall mean and include any person, company, firm or
corporation who is normally engaged in the building
and/or construction industry, and who accepts contracts
as principal or sub-contractor in excavation, erection,
construction, alteration, repair, moving, or demolition of
any building or structure within the Town of Cardston
limits.
ii. The term "Contractor" shall not include the owner of any
building or premises who is personally doing work in,
upon, or about such building or premises within the
Town of Cardston limits.
iii. The term "Contractor" shall include, but not be limited
to, persons who carry on any one or more of the
following business(es):
(1) Contractors or General Contractors
(2) Carpenters
(3) Excavator, concrete, sidewalk, road, bridge, or
paving contractor
(4) Roofing, siding, stucco contractor
(5) Glass installer
(6) Insulating contractor
(7) Linoleum, floor finishing, rug installation
(8) Painter, decorator, paper hanging
(9) Terrazzo or tile contractors
(10) Brick or stone mason
(11) Structural steel contractor
(12) Welding contractor
(13) Landscaping or ditching
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(14) Electrical contractor
(15) Plumbing and gas fitting contractor
(f) "Development Officer" - shall mean the Development
Officer of the Town of Cardston and anyone authorized to
act on his/her behalf as appointed by the Chief
Administrative Officer.
(g) "Farmers or Flea Market" - shall mean the business of
providing to persons for compensation, stalls or other
similarly restricted areas for the disposal and sale of goods,
wares or merchandise to the public.
(h) "Hawker" or "Peddler" -
i. Shall mean a person not being a body corporate and who,
whether as principal or agent,
(1) Goes from establishment to establishment selling or
offering for sale any merchandise or service, or both,
to any person, and who is not a wholesale or retail
dealer in which such merchandise or service is to be
afterwards delivered in or shipped into the town; or
(2) Offers or exposes for sale to any person by means of
sample, patterns, cuts or blueprints, merchandise to
be afterwards delivered in or shipped into the town;
or
(3) Sells merchandise on the streets or roads or
elsewhere than at a building that is his permanent
place of business, but;
ii. Does not include a person selling
(1) Meat, fruit, or other farm produce that has been
produced, raised or grown by himself; or
(2) Fish of their own catching.
(i) "Huckster" - shall mean any person who sells or offers for
sale:
i. Meat, fruit, or other farm produce that has been
produced, raised, or grown by themselves; or
ii. Fish of their own catching.
(j) "Licensed Premises" - shall mean a business that is or
intends to become a licensed premises as defined in the
Alberta Gaming, Liquor and Cannabis Act RSA 2000
Chapter G-1.
(k) "Licensee" - shall mean a person holding a valid business
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license issued pursuant to this By-law.
(l) "License Inspector" - shall mean and include the Chief
Administrative Officer of the Town of Cardston and/or any
other duly authorized person acting on his/her behalf, or a
Peace Officer, and authorized by Council to carry out the
provisions of the bylaw.
(m) "Mobile Street Vendor" - shall mean and include any
person or company who operates a primary business from a
licensed and inspected mobile vehicle.
(n) "Municipal Tag" - shall mean a ticket alleging an offence,
issued pursuant to the authority of a By-law of the Town of
Cardston.
(o) "Music Teacher" - shall mean and include any person who
teaches piano, singing, or any other musical instrument from
a residentially zoned property within the Town of Cardston
limits.
(p) "Non-Resident" - shall mean and include any person who
does not actively reside, and who does not operate a
commercial store front business in the Town of Cardston
limits.
(q) "Pawnbroker" - shall mean one who loans money on
security of personal property pledged in his keeping.
(r) "Peace Officer" - shall mean a Peace Officer as defined by
the Peace Officer Act of the Province of Alberta, or a Bylaw
Enforcement Officer of the Town of Cardston.
(s) "Person" - shall include a Corporation, Partnership, Firm,
Company or Individual.
(t) "Prima Facie" - plain or clear; self-evident; obvious.
(u) "Resident" - shall mean any person who resides in or who
operates a commercial store front business in the Town of
Cardston limits.
(v) "Residential Business" - shall mean a business which
operates in an area within the Town of Cardston limits that
is classified for assessment purposes as residential.
(w) "Resident Wholesaler" - shall mean a wholesaler who
actively resides within the Town of Cardston limits.
(x) "Second-Hand Dealer" - shall mean any person or business
who carries on the business of purchasing, selling, or having
in their possession for sale, or advertises for sale second-
hand articles and goods of every description that have been
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used, reconditioned or remade, including antiques, and shall
include dealers in new articles or goods of like and who
afterwards dispose of the second-hand articles or things thus
acquired.
(y) "Student" - shall mean a person who is under the age of 18
years of age or who is presently enrolled in a secondary
educational institution and who lives within the Town of
Cardston limits.
(z) "Taxi" - shall mean any motor vehicle which is employed
in the conveyance of passengers for hire excepting
ambulances, hearses, drive-yourself vehicles, and motor
vehicles having a legal seating capacity of seven or more
adult persons including the driver and which are rented
solely by the hour or chartered solely by the trip.
(aa)"Wholesaler" - shall mean a merchant middleman who sells
chiefly to retailers, other merchants, or industrial,
institutional and commercial users and who does not
currently reside within the Town of Cardston limits.
RULES FOR
INTERPRETATION
4) The table of contents, marginal notes and headings in this bylaw
are for reference purposes only.
PART II - GENERAL PROVISIONS
SECTIONS
5) No personal shall, within the limits of the Town of Cardston,
carry on or be engaged in any business unless he or she holds a
valid and subsisting business license issued pursuant to the
provisions of this by-law and to any or all amendment thereto.
(a) A business license will not be issued pursuant to the
provisions of this By-law unless all appropriate fees as per
Schedule 'A' have been paid in full to the Town of Cardston
upon application for said license.
(b) If a person owns/operates numerous businesses that provide
a good or a service within the Town of Cardston limits, they
shall possess a valid license for each business they
represent, unless the separate businesses operate under the
same title, entity, or company name and are deemed as one
business for income tax purposes.
(c) Applications must be submitted in the form prescribed by
the License Inspector.
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6) Any advertising of the business(es) shall be deemed to be prima
facie proof of the fact that the person advertising is carrying on
or operating any such business(es).
7) Every license issued under this By-law shall be made out and
delivered to the Licensee, who shall post said license in a
conspicuous place in his/her business premises and, whenever
required to do so by the Chief Administrative Officer or License
Inspector, shall produce the license for inspection purposes.
(a) Every licensee who holds a license under this By-law which
is not limited to specific premises, shall have the license or a
copy available and shall produce said license upon request
to a License Inspector, any Police Officer, or other duly
authorized person, or any person with whom he is doing
business to which the license relates.
8) No license shall be issued to a person under the provisions of
this By-law in a case where a Provincial license is required,
unless such person is already the holder of the required
Provincial license.
(a) Any person requiring a license to operate within the Town
of Cardston as a Hawker, Peddler or as an agent shall obtain
a business license prior to conducting business. To obtain a
business license for direct sales, a Hawker, Peddler or agent
must produce a valid Provincial license. No license will be
issued unless this criterion is met.
9) All licenses shall expire at midnight on the 31st day of
December of the year in which said license was issued, unless:
(a) The terms of this By-law otherwise expressly provides;
(b) The license provides otherwise;
(c) The license has been previously cancelled or forfeited.
10) License Fees:
(a) License Fees shall be as per Schedule 'A' attached.
(b) License Fees shall be levied on each applicant, unless the
terms of this By-law otherwise exempts the applicant from
such fees.
(c) All fees for business licenses are due January 1st of each
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year or prior to starting a business.
(d) The fee payable for a license issued between the 1st day of
January and the 31st day of August in any year shall be the
license fee for a full year. The fee for a new license issued
after the 31st day of August in any year shall be one half of
the license fee for the full year.
i. This section does not apply to a Non-resident Hawker &
Peddler's license fee and to a Non-resident Contractor's
license fee as set forth in Schedule 'A'.
(e) Non-resident Contractors or Non-resident businesses who
provide a service not otherwise available in the Town of
Cardston limits, shall be deemed to be a resident contractor
or resident business.
(f) The fee for a Contractor does not include sub-trades used on
any job.
(g) Administration fees as set forth in Schedule 'A' will be
charged for any license transfers, license changes, a copy of
a current business license, or for any application to the
Planning Commission for approval of a discretionary
business as set forth in the Land Use By-law.
i. Where a licensee wishes to request changes to current
business/owner information or change any information
on a current business license, he/she shall make
application to the License Inspector for such changes and
pay the Administration fees as set forth in Schedule 'A'.
ii. If a business is transferred, sold to, or bought buy a new
owner, the new owner will be required to fill out a new
application and will be required be pay the appropriate
Administration fees as set forth in Schedule 'A'.
11) Exemptions:
(a) No license shall be required for:
i. Businesses as Council, by resolution, may exempt from
time to time.
ii. Material delivery operations provided that the
transaction/negotiation to purchase those items takes
place outside of the corporate limits of the Town of
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Cardston and that the company is not a resident business.
iii. Wholesalers, unless they sell retail or unless they are a
resident wholesaler.
iv. Business carried on by the Government of the Province
of Alberta or Canada.
v. Businesses exempt from the requirements of municipal
licensing by Federal or Provincial legislation.
vi. A business working exclusively for, or on behalf of, the
Town of Cardston.
vii. Charitable or Non-Profit Organizations.
viii. A student.
(1) If the student is attending a post-secondary
educational school:
(a)
Proof of school attendance must be presented
at time of application. The student must also
present proof of school attendance at the
beginning of each year for renewal of the
business license.
(b)
Proof of school attendance must be in the form
of a letter from the school administration
stating the owner/operator of the business is a
current student of the school for the current
year of the business license.
(c)
The student must present the letter along with
a current, valid student identification card that
contains their photograph.
12) Revocation, Refusal, and Nullification of licenses:
(a) The Chief Administrative Officer, Town Council, or
License Inspector may, at any time, revoke or suspend any
license issued under the provisions of this By-law for failure
to comply with any of the conditions or regulations herein,
or any other By-law or regulation of the Town, or the
regulations of the Province, or if there are just and
reasonable grounds for the revocation or suspension of the
license.
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(b) If a license is revoked or surrendered, the licensee will not
be entitled to a refund.
(c) The Chief Administrative Officer or License Inspector may
withhold the granting of any license to any person or
persons for ratification of the Council before issuing same.
(d) The Town Council may refuse a license to any circus,
menagerie, Wild West show, or traveling show,
notwithstanding the fact that the proprietor, owner,
manager, agent, or person in charge has obtained a license
from the Province of Alberta.
13) Appeals:
(a) Any person whose application has been refused or whose
license has been revoked, suspended or who has been
denied a license may appeal the revocation, suspension, or
denial to the Town Council.
(b) An appeal from sub-section (a) must be made by the
applicant within 14 business days after such refusal,
revocation, suspension, or denial has been given, otherwise,
the right of appeal shall be barred and extinguished.
(c) All appeals must be made in writing and addressed to the
Chief Administrative Officer of the Town of Cardston and
shall be dated as the date received by the Chief
Administrative Officer.
(d) The Town Council, after reviewing the appeal, may:
i. Direct a Business License be issued or reinstated;
ii. Direct a Business License be issued or reinstated with
conditions;
iii. Refuse to grant a Business License;
iv. Uphold the revocation or suspension of a Business
License, on grounds which appear just and reasonable.
(e) A decision of Council on an appeal shall be final and
binding on all parties.
14) The act of spouse, servant, clerk, or other employee or any
person licensed to carry on any business or calling under this
By-law, shall be deemed and taken to be the act of the licensee,
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and the licensee shall be held responsible therefore as though he
had done the act complained of him/herself.
15) All Businesses must comply with the Land Use By-law which is
in effect. Any business located in a R1 residential zoned
dwelling such as a Bed and Breakfast, Boarding house, Day
care facility, Tourist home, or any other home occupation which
is a discretionary use under the Land Use By-law must make an
application to the Municipal Subdivision & Development
Authority for approval before a business license can be
obtained.
PART III - RECIPROCAL BUSINESS LICENSE AGREEMENTS
16) In accordance with and subject to the terms outlined in the
reciprocal business license agreements attached as schedules to
this bylaw, the Town of Cardston will honour the business
license of any resident business from the municipalities listed
below and allow the business to operate in the Town of
Cardston without the need to purchase an additional license.
(a) Cardston County
The Town and County Regional Business License
Agreement is hereby attached this bylaw as Schedule 'B'
(b) Town of Magrath
The reciprocal business license agreement between the
Town of Magrath and the Town of Cardston is hereby
attached to this bylaw as Schedule 'C'
PART IV - FARMERS OR FLEA MARKETS
17) A person organizing a farmers or flea market shall be required
to obtain a license for each location.
18) Notwithstanding Section 1, charitable or non-profit
organizations are not required to obtain a license for organizing
a farmers or flea market.
19) A person operating a stall or table on the premises of a market
does not require a license provided the operator has obtained a
license for the market.
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PART V - MOBILE STREET VENDORS
20) All business licenses issued in accordance to this By-law and
applying to Mobile Street Vendors shall be subject to the
following conditions:
(a) All supplies necessary to carry out the said business must be
kept and stored in a secure, permanent storage location
which is kept separate from the vehicle used for the sale of
products.
(b) The storage facility as well as the mobile vehicle in which
the business will be operated from must be inspected by the
regional health inspector and the licensee must provide all
health permits prior to any license being issued.
(c) The mobile vehicle must be equipped with a separate source
of energy such as propane or a small generator, and if the
licensee has a propane source of energy in the mobile
vehicle, he or she must have the vehicle inspected by the
Cardston County Emergency Services' Fire Chief to ensure
all safety regulations have been met, and the licensee must
provide written documentation from the Fire Chief stating
whether the vehicle is safe to use a propane source or if
safety regulations have not been met.
(d) The mobile vehicle must be registered as a commercial
vehicle and the licensee must provide proof of registration
prior to any license being issued.
(e) The licensee must have a permanent office location which is
separate from the mobile vehicle where a phone is hooked
up and that has a proper mailing address.
(f) No person shall by any means sell anything whatsoever
upon any of the streets, which includes roadways, sidewalks
and boulevards, in the Town of Cardston unless a permit has
been obtained from the Development Officer.
(g) The Development Officer may, in his or her discretion, issue
a permit, refuse to issue a permit or issue a permit upon
conditions as he or she deems appropriate.
(h) Without restricting the generality of subsection 1.g. all
permits issued shall be subject to the following conditions:
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i. That the permit is terminable upon 48 hours' notice in
writing or immediately upon breach of any condition by
the applicant.
ii. That the applicant shall maintain a minimum clearance of
1.82 meters (6 feet) of sidewalk for pedestrian
movement.
iii. No applicant may obtain a permit for an area larger than
the front footage of the parcel of land adjacent to the
sidewalk.
iv. The applicant shall pay to the Town of Cardston a fee of
$2.00 per day, plus the applicable license.
(i) The Development Officer may, in his or her discretion,
allow, refuse to allow, or allow under certain conditions the
applicant to sell their product from any property owned by
the Town of Cardston.
(j) Without restricting the generality of subsection 1.i. the
applicant may sell their product from any Town owned
property; on a privately owned commercial or residential
property; on a vacant lot not owned by the Town; in front of
a commercial business, residential property, or a
recreational facility; or in the parking lot of a commercial
business or a recreational facility, under the discretion of the
Development Officer and subject to the following
conditions:
i. There is not a concession stand currently in operation on
the property the applicant would like to sell from, unless
a written agreement is made between the concession
stand manager and the vendor.
ii. All permits needed to sell from any sidewalk or street are
obtained and issued by the Development Officer.
iii. The sale of the vendor's goods will not be in direct
conflict with any goods currently sold from the
commercial or recreational property the vendor is
requesting to sell in front of or beside.
iv. The vendor must obtain written permission from the
property owner prior to the sale of goods and if the
owner grants permission to sell on their premises he or
she must specify in the permission letter the appropriate
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place from which the vendor may sell from on the
property.
v. The vendor must obtain written permission from the
event organizer prior to the sale of goods if an event will
be in progress at or near the location the vendor wishes to
sell from and if the event organizer grants permission he
or she must specify when the appropriate time for the
vendor to sell his goods would be and the appropriate
place from which the vendor may sell from at or near the
event.
(k) No person unless authorized to do so by the Town of
Cardston shall erect or maintain any sign upon a street or
sidewalk in the Town of Cardston.
PART VI - PAWN BROKER AND SECOND HAND DEALER
21) All sellers to Second-Hand Dealers or Pawnbrokers must
produce at least two forms of identification of which one form
of identification must contain a photograph. Appropriate
identification may include but not limited to the following:
(a) Driver's License
(b) Birth Certificate
(c) Credit Card
(d) Passport
(e) A photo identification positively identifying the seller
(f) The license number and description of the vehicle in which
the merchandise was delivered.
22) All records of transactions must have a clause stating that on a
regular basis, the RCMP/By-law Officer may review the
records.
23) Second-Hand Dealer
(a) Every license to be granted to any person dealing in second-
hand articles shall designate the house or place in which the
person receiving such articles shall be authorized to carry on
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such business.
(b) No second-hand dealer shall purchase in the way of his
business any goods, articles, or things whatsoever from any
minor under the age of eighteen.
(c) Every second-hand dealer shall keep a permanent record of
all purchases with an adequate description, which record, as
well as all articles so purchased, shall be open to the
inspection of the Chief Administrative Officer or License
Inspector.
(d) Every Second-Hand Dealer who receives or has in his
possession any goods, articles or things suspected of being
lost or stolen shall forthwith notify the R.C.M.P.
24) Pawnbroker
(a) Every person licensed to carry on the business of a
pawnbroker or keeper of a pawn shop within the Town of
Cardston, shall keep a book in which shall be fairly written
in ink at the time of each loan, an accurate account and
description in English, of the goods, articles or things
pawned or pledged, and a statement of any marking thereon,
at the time of the pawning of same, the rate of interest to be
paid, and the name and address of the person pawning the
goods.
(b) No entry in such book shall be erased or defaced and no
leaves shall be torn out of such book. The pawnbroker shall
at the time of each loan deliver to the customer a
memorandum or note, signed by him or her, containing the
substance of the agreement.
(c) The said book, as well as every article or thing of value
pawned, or pledged, shall be open to the inspection of the
Chief Administrative Officer, License Inspector or R.C.M.P.
during normal hours of operation.
(d) No person licensed as a pawnbroker shall take ay article in
pawn from any person appearing to be intoxicated or whom
he has reasonable cause to suspect to have stolen or come
dishonestly into possession of such article, or under the age
of eighteen years.
(e) Every Pawnbroker who receives or has in his possession any
goods, articles or things suspected of being lost or stolen
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shall forthwith notify the R.C.M.P.
25) Effective immediately, before the issue or renewal of a License
for a Pawn Shop or Second-Hand Store, a person must submit
to the Town Administrator or designate the name, date of birth
and job title of every person working in the Pawn Shop or
Second-Hand Store.
The definition of "goods" is defined as items received or
acquired and held as security for an advance of money, or are
purchased without being held for security for an advance of
money.
(a) Whenever goods are received or acquired, the following
information shall be accurately recorded:
i. the date and time the goods were received;
ii. the full name, date of birth, residential address, telephone
number, gender, of the person delivering the goods;
iii. details from at least 2 pieces of identification provided by
the person delivering the goods, at least one of which
must have a photograph of the person;
iv. a complete description of each good including, where
available, the make, model and serial number of the
good, the manufacturer's name and any distinguishing
marks;
v. the amount of money advanced in respect of each good;
vi. the name of the person working in the Pawn Shop or
Second-Hand Store that conducted the transaction.
(b) No goods shall be received and acquired if the make, model,
serial number, manufacturer's name, or any other
distinguishing mark has been altered or in any way
obliterated.
(c) Whenever goods are received and acquired, a written receipt
shall be provided to the person delivering the goods,
containing at least the following information:
i. the day, month and year on which the money advanced is
due;
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ii. the amount of money advanced;
iii. the interest rate charged with respect to the advance;
iv. the name and address of the business.
(d) The receipt required by this section must be signed by the
person delivering the goods and a copy of the signed receipt
shall be retained by the Pawn Shop or Second-Hand Store
for a minimum of two years.
(e) No person shall alter, repair, forfeit, sell, dispose of or part
with possession of any goods received and held as security
for an advance of money until the expiration of 30 days
from the date such goods were received. The holding period
in this section may be extended by up to 60 days upon the
written direction of a Peace Officer having a reasonable
suspicion that particular goods may have been acquired
through the commission of a criminal offence. This section
does not apply to goods redeemed by the person who
delivered them.
(f) No person shall, during the period goods received and held
as security for an advance of money are required to be
retained, remove or permit the removal of such goods from
the Pawn Shop or Second-Hand Store, except as noted in
section 25 (e) above.
(g) Notwithstanding this section, a person may store goods
received and held as security for an advance of money at a
location other than the business premises of the Pawn Shop
or Second-Hand Store if the location has been authorized by
the Municipal Administrator.
(h) All goods received and held as security for an advance of
money shall be kept separate and apart from all other
merchandise in a Pawn Shop or Second-Hand Store and
shall not be mixed with any other merchandise during the
period the goods are required to be retained.
(i) All goods received and held as security for an advance of
money shall be identified with a tag or sticker in a manner
sufficient to allow the association of a good with the
information recorded with respect to its receipt.
(j) Whenever goods received and held as security for an
advance of money are redeemed the same information
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BYLAW 1667
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required to be recorded upon the receipt of the goods shall
be recorded at the time of redemption.
(k) The information required to be recorded by this part is as
follows:
i. shall be recorded in a form and manner acceptable to the
Municipal Administrator;
ii. shall be made available to a Peace Officer forthwith upon
request;
(l) No person shall receive and hold goods as security for an
advance of money from an individual under 18 years of age.
PART VII : TAXI CAB OPERATORS
26) Every person that is a resident of Cardston that operates a taxi
service to carry persons for hire shall obtain a business license.
27) Any person who operates any taxi or permits any taxi to be
operated within the Town of Cardston shall:
(a) Obtain the necessary driver's license from the Registrar's
Office and provide proof of such license upon purchase of
the business license.
(b) Register the vehicle(s) that will be used for the
transportation of persons as a taxi as a commercial vehicle
and provide proof of such registration upon purchase of the
business license, and provide proof of all applicable
insurance.
(c) Establish their own fares for the transportation of persons
within the Town of Cardston and to or from places outside
the Town.
28) No taxi shall at any time carry more persons as passengers than
the number of seats belts provided in the vehicle and if there is
any breach or infraction to this section with respect to any
licensed taxi, the business license issued for such taxi will be
revoked and cancelled.
TOWN OF CARDSTON
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PART VIII : LICENSE INSPECTOR
29) The Council may appoint a License Inspector whose duties shall
be to enforce this By-law, and to report to Council as requested
from time to time.
30) Every person carrying on or engaged in any business in respect
of which a license is required under this By-law, on request of
the Chief Administrative Officer or License Inspector, shall
give to the Chief Administrative Officer or License Inspector all
information necessary to enable him/her to carry out his/her
duties.
31) The Chief Administrative Officer or License Inspector is
authorized to enter any land, building or premises during hours
in which business is being conducted, or appears to be being
conducted, to inspect for conditions that constitute a nuisance or
that contravene this By-law and for the purpose of
administering or enforcing this By-law.
(a) Any person who refuses admission to the License Inspector
or Chief Administrative Officer or who neglects or refuses
to produce the appropriate license upon request, shall be
guilty of an offence and liable to a penalty as set forth in
Schedule 'A'.
(b) Any person who, on occasion of such inspection or
otherwise, furnishes to the License Inspector or Chief
Administrative Officer false or misleading information with
regard to the business or its operation shall be guilty of an
offence and liable to a penalty as set forth in Schedule 'A'.
32) If the License Inspector deems it necessary, they may obtain
from any person engaging a contractor or from any contractor
engaging sub-contractors, a complete list of
contractors/subcontractors engaged on any particular contract.
PART IX : FINES AND PENALTIES
33) Any person found carrying on a business without first having
obtained a license, according to the fees set forth in this By-law,
or any person who contravenes any of the provisions or
requirements outlined in this By-law shall be guilty of an
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offence and liable to a penalty as set forth in Schedule 'A'.
34) If a person or business has not first obtained said license, the
Chief Administrative Officer, or License Inspector may take the
necessary steps to close down any business, or to stop any
construction, until a license to carry out the business or
construction has been obtained and shall be guilty of an offence
and liable to a penalty as set forth in Schedule 'A'.
35) Any person who contravenes any of the provisions or
requirements of this bylaw is guilty of an offence and is liable
for and subject to the penalties as set forth in Schedule 'A'.
36) Any person violating any of the provisions of this By-law, or
any other person responsible for such violation, shall be liable
on summary conviction before a Magistrate, or any Justice of
the Peace having the jurisdiction therein.
37) Annually renewed license invoices will be due 30 days from
date of billing. Outstanding invoices as of March 31st will be
subject to a penalty of $25.00 which will be applied to the cost
of a license renewal.
38) A municipal tag may be issued by a License Inspector to any
person or business who has allegedly breached any provision of
this By-law and the said municipal tag shall require the
appropriate penalty payment to the Town of Cardston within 14
days from the date of service of the said municipal tag.
(a) Service of such municipal tag shall be sufficient if it is:
i. Personally served; or
ii. Attached to the vehicle in respect of which an offence is
alleged to have been committed; or
iii. If mailed to the address of the registered owner of the
vehicle or to the person in possession of the said vehicle;
or
iv. If mailed to the address of the person or business who
has allegedly contravened this By-law.
(b) After such municipal tag has been properly served, if
payment is received within 7 business days of the date the
municipal tag was issued, the amount payable will be
reduced to the amount of the appropriate Business License
TOWN OF CARDSTON
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fee as set forth in Schedule 'A'.
ENFORCEMENT
39) Enforcement policies are as follows:
(a) A person who contravenes any section of this by-law is
guilty of an offence.
(b) In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of
each day or part of a day on which it continues and a person
guilty of such an offence is liable to a fine in an amount not
less than that established by this by-law for each such day.
(c) For the purposes of this by-law, an act or omission by an
employee or agent of a person is deemed also to be an act of
omission of the person if the act or omission occurred in the
course of the employee's employment with the person, or in
the course of the agent's exercising the powers or
performing the duties on behalf of the person under their
agency relationship.
(d) When a corporation commits an offence under this by-law,
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.
(e) If a partner in a partnership is guilty of an offence under this
by-law, 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.
(f) A person who is guilty of an offence is liable to a fine in
amount not less than that established in Schedule 'A', and
not exceeding $10,000.00, and to imprisonment for not
more than six months for non-payment of a fine.
(g) Without restricting the generality of section (f), the
following fine amounts are established for use on Municipal
Tags and Violation Tickets if a voluntary payment option is
offered:
i. $200.00 for any offence for which a fine is not otherwise
established in Schedule 'A'.
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(h) If a person is guilty of a subsequent offence, the fine
amounts established are doubled.
(i) If a Municipal Tag is issued in respect of an offence, the
Municipal Tag must specify the fine amount established by
this by-law for the offence.
(j) A person who commits an offence may, if a Municipal Tag
is issued in respect of the offence, pay the fine amount
established by this by-law for the offence and if the amount
is paid on or before the required date, the person will not be
prosecuted for the offence.
(k) If a Violation Ticket is issued in respect of an offence, the
Violation Ticket may:
i. specify the fine amount established by this by-law for the
offence;
ii. require a person to appear in court without the alternative
of making a voluntary payment.
(l) A person who commits an offence may:
i. if a Violation Ticket is issued in respect of the offence,
and
ii. if the Violation Ticket specifies the fine amount
established by this by-law for the offence;
make a voluntary payment equal to the specified fine.
PART X : SEVERABILITY
EFFECTIVE DATE
40) This Bylaw shall come in force upon the date of its third and
final reading.
REPEAL
41) Bylaw 1610 and amendments there to shall be rescinded.
PART XI: LICENCED PREMISES
42) No person or business shall, within the limits of the Town of
Cardston, carry on or be engaged in any business operating as a
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licensed premises unless they hold a valid and subsisting
"Licensed Premises" business license issued pursuant to the
provisions of this by-law and the Land Use bylaw, and to any or
all amendments thereto, subject also to any additional
conditions imposed by the Development Officer.
43) Applicants for a Licensed Premises must first apply at the Town
Office to the Development Officer for a discretionary use for,
"Restaurant, Licensed" on a piece of property zoned
Commercial (C1 or C2) or Industrial (I2).
(a) The applicant must either be the owner of the property, or
the business owner, and produce a signed letter from the
property owner stating they approve of the proposed use.
(b) Applications must include a detailed business plan including
hours of operation, number of employees, exterior signage
related to liquor, and any other relevant matters as may be
required by the Development Authority.
(c) Applicants must also complete a Crime Prevention Through
Environmental Design (CPTED) analysis and, where
required by the Development Authority, incorporate CPTED
design principles into the design of the development.
i. CPTED analyses must be completed by a Town
employee or consultant who has received training in the
application of commonly applied CPTED principles.
44) Licensed premises are prohibited from conducting off-sales or
liquor delivery services, or from selling or providing liquor
from the licensed premises for consumption off the licensed
premises.
(a) Licensed Premises must, as a condition on their business
license, agree that they will not sell or provide liquor from
the licensed premises for consumption off the licensed
premises despite subsection 35(d) of the Gaming, Liquor
and Cannabis Regulation, Alta Reg 143/1996.
(b) Any Licensed Premises that sells or provides liquor for
consumption off the licenses premises is guilty of an
offence, and subject to the immediate revocation of their
business license and the fine specified in Schedule "A".
45) No license shall be issued, or reissued to any person or business
who is in arrears with the Town of Cardston or who has any
outstanding fines.
TOWN OF CARDSTON
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PAGE 24 OF 26
Received First Reading this 27th day of March, 2018
Received Second Reading this 24th day of April, 2018
Received Third & Final Reading this 24th day of April, 2018
Signed by the Mayor and the Chief Administrative Officer this 2nd day of May, 2018
Amended by bylaw 1667A this 13th day of February, 2024
Amended by bylaw 1667B this 26th day of March, 2024
TOWN OF CARDSTON
MAYOR - Maggie Kronen
CHIEF ADMINISTRATIVE OFFICER - Jeff Shaw
TOWN OF CARDSTON
BYLAW 1667
PAGE 1 OF 26
SCHEDULE 'A'
LICENSE FEES
1. Small Commercial Business
$50.00 per year
(shall consist of 1 to 5 employees)
2. Large Commercial Business
$100.00 per year
(shall consist of more than 5 employees)
3. Residential Business
$60.00 per year
4. Music Teacher
$25.00 per year
5. Mobile Street Vendor
$150.00 per year
6. Resident Huckster
$25.00 per year
7. Licensed Premises
$150.00 per year
8. Non-resident Huckster
$60.00 per year
9. Non-resident Business
$150.00 per year
10. Non-resident Contractors
$300.00 per year
11. Non-resident Hawkers and Peddlers
$300.00 per year
$100.00 per day.
12. Trade Shows, Trade fairs,
$80.00 per location or
Flea Markets, Farmer's Markets
event
13. Circuses and Midways, or similar type shows shall be from $100.00 to $200.00 per
day as determined by the Chief Administrative Officer or License Inspector,
depending on their size and capacity.
14. Administration Fees
$10.00 per transaction
15. The fee for submitting an application to the Municipal Subdivision & Development
Authority will be as per the Land Use By-Law and any amendments thereto. If the
application is approved, this fee will be applied towards the cost of the development
permit required. If the application is denied, the application fee will not be refunded.
The Business License fee as set forth in this Schedule will also be required at time of
approval.
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PENALTIES
1. A penalty of $100.00 for the 1st offense.
2. A penalty of $200.00 for the 2nd offense.
3. A penalty of $300.00 for the 3rd offense.
4. Any person found in violation of part V section 1.f. shall pay a penalty of $50.00 per day
for each and every day that he or she continues to sell anything whatsoever from a street
or sidewalk within the Town without having first purchased a permit.
5. Any person found in violation of Part V Section 1.k. shall pay a penalty of $25.00 per day
for each and every day that he or she has a sign erected upon a street or sidewalk without
receiving prior authorization to do so by the appropriate Town official
6. Annual Renewal Late Payment Penalty: $25.00
7. Penalty for selling or providing liquor for consumption off the licensed premises: $1,500.00