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CITY OF CHESTERMERE
PROVINCE OF ALBERTA
BYLAW # 027-16
A Bylaw of the City of Chestermere,in the Province of Alberta, to provide for the licensing of all business
conducted within the City of Chestermere.
WHEREAS The Municipal Government Act, RSA 2000, C. M-26 and amendments thereto provides that a
Municipal Council may pass a by-law respecting businesses, business activities and persons engaged in
business;
AND WHEREAS Council may regulate or prohibit any business and provide licenses, permits, and
approvals;
AND WHEREAS Council deems it desirable to register businesses with the City of Chestermere and
establish license fees;
NOW THEREFORE The Municipal Council of the City of Chestermere,Alberta duly assembled,hereby
enacts as follows:
Title
1.
a)
This Bylaw may be cited as the "Business License Bylaw".
Definitions
2.
In this Bylaw:
a)
"Applicant" means a person who applies for a Business License or a renewal of a Business
License required by this Bylaw;
b)
"Business or Businesses" includes a commercial, merchandising or industrial activity or
undertaking;a profession,trade occupation, or employment; or activity providing goods or
services;
c)
"Business License" means a license issued pursuant to this Bylaw;
d)
"Business Premises" means any home,store, office, warehouse,yard or other place occupied,
for the purpose of carrying on a Business which is a permitted or discretionary use under the
City of Chestermere Land Use Bylaw;
e)
"CAO" means the Chief Administrative Officer for the City of Chestermere,or that person's
designate;
f)
"Chestermere Business" means a Business that is located within the boundaries of the City,or a
person Conducting Business whose registered Business address is located within the boundaries
of the City (this shall include Commercial Premise and Major/Minor Home Business);
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g)
"Childcare/Day Homes" will be defined as outlined in the Chestermere Land Use Bylaw under
"Child Care Facility" and any amendments thereto;
h)
"City" means the City of Chestermere,a municipal corporation,in the Province of Alberta and
where the context so requires, means the area contained within the corporate boundaries of
said City;
i)
"Commence" means the point in time at which a Business begins selling a service or good and
shall not include preparations leading up to said point in time;
j)
"Commercial Premises" means any store, office, warehouse, yard or other place occupied,for
the primary purpose of carrying on a Business which is a permitted or discretionary use under
the City of Chestermere Land Use Bylaw;
k)
"Conducting Business,Conduct Business". A person operating as a sole proprietorship,part of a
partnership,self-employed, or earning income from commissions,or a Business,that is selling,
leasing or renting goods or services for a fee or exchange of benefits;
I)
"Council" means the elected council of the City of Chestermere;
m) "Day" means any complete day or portion thereof beginning at 12:00am and ending at 11:59pm;
n)
"Lake" means on or in the water or shore of Chestermere Lake;
o)
"License" and "Licensed" means a license or reference to a license issued under this Bylaw;
p)
"License Year" means a calendar year period commencing on January1st and ending on
December 31st of that year;
"Livery Vehicle" means a taxi, limousines, and Ride-Share Services which includes Private For
Hire Vehicles. This does not include vehicles for rent.
q)
r)
"Major/Minor Home Business". The Land Use Bylaw as amended defines the differences
between"Major" and "Minor" as well as "Home Business";
s)
"Non-Chestermere Business" means a Business or a person Conducting Business that has a
Business address not located within the City (this shall include,but is not limited to a Livery
Vehicle company,Livery Vehicle driver operating as a sole proprietorship,mobile food vendor,
or contractor having a Business address outside of the City);
t)
"Open Market" means two or more vendors that sell their own products directly to the
general public at a fixed location under a coordinating organization which includes
but is not limited to an artisan or farmers market;
u)
"Peace Officer" shall mean a member of a Police Service, or a Peace Officer appointed pursuant
to the Peace Officer Act, S.A. 2006, c. P-3.5 and the regulations thereof, as amended or replaced
from time to time;
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v)
"Provincial Offences Procedure Act (POPA)" means the Provincial Offences Procedure Act, R.S.A.
2000,Chapter P-34,and the regulations thereof, as amended or replaced from time to time;
Application
3.
a)
Nothing in this Bylaw relieves a person from complying with any provision of any federal or
provincial law or regulation,other bylaw,or any requirement of any lawful permit, order or
license.
b)
Any heading,sub-headings,or tables of contents in this Bylaw are included for guidance
purposes and convenience only, and shall not form part of this Bylaw.
c)
Where this Bylaw refers to another Act,bylaw,regulation or agency,it includes reference to any
Act, bylaw, regulation or agency that may be substituted therefore.
d)
All the schedules attached to this Bylaw shall form a part of this Bylaw.
e)
This Bylaw is gender-neutral and, accordingly, any reference to one gender includes the other.
Business Licenses
4.
a)
No Business nor person shall Conduct Business within or partly within the City without holding a
valid Business License issued pursuant to the provisions of this Bylaw unless specifically exempt
under the provisions of Section 5 of this Bylaw or can provide written proof that they are
exempt under provincial or federal legislation.
b)
Any advertising shall be deemed to be prima facie proof of the fact that a Business or person is
Conducting Business and will require a Business License unless exempt as outlined in Section 5.
c)
Businesses or persons Conducting Business involved in the sale of goods from a mobile platform
will require a Business License as outlined in Schedule "A", provided that:
They comply with all Bylaws of the City and any other statutes or regulations that may
be applicable;
The person obtains approval from the land owner in writing. Operating on City held
land, which includes roads, will require approval from the City and will be at the
discretion of the CAO.
i.
ii.
d)
A Business or person Conducting Business with multiple permanent locations within the
corporate limits of the City requires a Business License for each location.
e)
All contractors and sub-contractors Conducting Business within the City require a Business
License.
f)
Livery Vehicle drivers Conducting Business as outlined in Section 2 (k):
Whose Business address is in the City will require a Home Business License as outlined
in the Land Use Bylaw;
i.
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ii.
Whose Business address is not in the City will require a Non-Chestermere Business
License;
Drivers that are employed with a Livery Vehicle company with a Business address the
same as their employer and do not fall under the definition in Section 2 (k) of
Conducting Business, will not require a Business License,but their company will be
required to do so.
Are permitted to drop off customers without obtaining any form of Business License
with the City, but require a Business License if they are picking up customers from
within the City.
in.
iv.
g)
All Businesses or persons Conducting Business within the corporate limits of the City must
possess a valid Business License by January 31st of the current license year. A Business
commencing operations after January 31st shall pay the normal fee(s) as outlined in Schedule
"A".
5.
Business License Exemptions
The following will be exempt from obtaining a Business License:
a)
Any Business or person Conducting Business that is defined by provincial Acts as being exempt
from a municipal license as outlined in Schedule "C".
b)
A Business or person Conducting Business as part of a special or community event being
organized or financially sponsored by the City.
c)
A Business or person Conducting Business by or on behalf of the City of Chestermere,the
Government of the Province of Alberta, or the Government of Canada.
d)
Anyone Conducting Business that is less than 18 years of age.
e)
A Business or person Conducting Business for a duration of no more than 2 consecutive days in
the City that is donating all of the profit to a charitable or non-profit organization and has a
letter from the charity/non-profit organization to support this claim.
f)
Businesses or persons Conducting Business within an Open Market,provided that the
organization operating the Open Market:
Complies with all Bylaws of the City and any other statutes or regulations that may be
applicable;
Obtains a Business License as outlined in Section 6 (g).
i.
ii.
g)
A person providing an outdoor service, even at a cost to participants, that does not include the
sale, lease or rental of goods/equipment and shall include, but is not limited to,yoga in the park,
a fitness boot camp,provided that:
The person operates for less than 200 hours annually,and for a maximum of three
hours per day;
The person obtains approval from the land owner in writing. Operating on City held
land will require approval from the CAO;
I.
--II.
4
iii.
The person complies with all Bylaws of the City and any other statutes, regulations or
City policies that may be applicable.
Application for a Business License
6.
a)
Applications for a Business License or a Business License renewal shall be submitted in writing
on the respective form.
b)
Full payment of the appropriate fee as outlined in Schedule "A" of this Bylaw shall accompany
each application for a Business License.
c)
A Business that changes ownership, form of Business, or the name of the Business must submit
a new application with the appropriate fee as outlined in Schedule "A" of this Bylaw.
d)
A Business submitting an application to renew a Business License for the following license year
shall not be deemed to be operating without a license provided that the application for renewal
is received on or before January 31st of the license year.
e)
No person shall give false information in an application pursuant to the provisions of this Bylaw.
f)
Childcare/Day Homes shall be required to obtain a Business License,however the fees
associated with the License shall be waived.
g)
Organizers of an Open Market shall be required to obtain a Business License however the fees
associated with the Business License may be waived as outlined in Section 6 i).
h)
Applications for Conducting Business on the Lake will be subject to the provisions of the
WID/City of Chestermere Agreement as well as City policies as determined by Council.
i)
Where any charitable or non-profit organization wishes to be exempt from the requirements of
this Bylaw to pay the full licence fee,it shall request of the CAO an exemption providing the
name of the organization and such other information as the CAO requires to determine that the
organization is a charitable or non-profit organization.
Refusal, Suspension, or Revocation of a Business License
7.
a)
Where an application for a Business License is refused,the applicant shall be advised of the
reason or reasons for the refusal in writing by a Peace officer or staff of the City's
administration.
b)
A Business License is automatically revoked if payment of fees is made by cheque or other
instrument which is not accepted by the financial institution on which it was issued.
c)
A Business which is operating in a form not in accordance with its Business License shall be
subject to the suspension or revocation of its Business License.
d)
A Business which is in contravention of this or any other Bylaw of the City, or legislation or
regulation of the Government of the Province of Alberta or the Government of Canada may
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have its Business License refused,suspended or revoked regardless of whether or not they have
or are being prosecuted for that contravention.
e)
There shall be no refund of Business License fees.
f)
A Business that has its Business License suspended or revoked shall not be entitled to a refund
of licensing fees paid and must submit a new application and all corresponding fees before that
Business may resume.
g)
Where a Business License is revoked or suspended the Business shall immediately cease
operating, and shall not commence operating until a Business License is approved and issued by
the City.
h)
Any appeal of a decision to refuse,suspend or revoke a Business License must be submitted by
the owner or manager of that Business in writing to the CAO. The submission must state the
basis of the appeal and be accompanied by the fee as outlined in Schedule "A". The CAO's
decision shall be in writing and cannot be appealed.
i)
Any Business that has made an appeal to the CAO under Section 7 (h) and has not been granted
a Business License after that appeal may not apply for a Business License until the next license
year.
j)
Notification of any suspension or revocation of a Business License shall be made in writing by a
Peace Officer or staff of the City's administration.
Term of License
8.
a)
A Business License shall be valid from the date on which it was issued until 11:59 pm of
December 31st that year, unless it is a temporary Business License, in which case it shall be
valid for the dates shown on the License.
License Identification
9.
a)
All active Business Licenses must be displayed prominently by the Business in such a location
that it is easily viewable by the public and by City staff.
b)
A Business shall,upon request,immediately produce the License to a Peace Officer, City staff,or
any person with whom they are carrying on Business.
c)
A person may not alter, reproduce without permission, or deface a License.
Inspections
10.
a)
All Businesses that are licensed, or are required to be licensed may have the Business premises
and surrounding lot inspected by a Peace Officer at any time.
b)
If a Peace Officer reasonably believes a person or an applicant is carrying on a Business requiring
a Business License, the person or applicant shall:
6
Permit and assist in all inspections requested by a Peace Officer;
Provide all identification,information, and/or documentation related to the inspection,
and;
Not provide to a Peace Officer false or misleading information or information intended
to mislead with regard to any matter or thing arising in connection with the licensing of
the Business.
i.
ii.
in.
c)
No person shall attempt to prevent,obstruct, or hinder a Peace Officer from making an
inspection authorized by this Bylaw.
d)
During an inspection authorized under this section, a Peace Officer may examine any Business
record or document for the purpose of enforcing this Bylaw, and remove any relevant record or
document from the Business premise for the purpose of copying it.
Penalties
11.
a)
Every person who contravenes any of the provisions of this Bylaw by doing any act or thing
which the person is prohibited from doing is guilty of an offence.
b)
Any person who is convicted of an offence pursuant to this Bylaw is liable on summary
conviction to a fine not exceeding $10,000.00.
c)
The specified penalty payable in respect of a contravention of a provision of this Bylaw is the
amount shown in Schedule "B" of this Bylaw in respect of that provision.
d)
Where a contravention of this Bylaw is of a continuing nature, further tickets may be issued by a
Peace Officer provided that no more than one violation ticket is issued for each day that the
contravention continues.
e)
A Peace Officer may suspend a Business license for seven days where a person is contravening
any provisions of this Bylaw, any other Bylaw, or any other Provincial or Federal Act or
Regulation,and where they are not complying with a Peace Officer's demands to correct their
contravening actions. This suspension does not limit or hinder the application of any other
penalty described in Section 11.
Violation Tickets
12.
a)
Where a Peace Officer believes that a person, has contravened any provision of this Bylaw,they
may commence proceedings by issuing a violation ticket in accordance with the Provincial
Offences Procedure Act, RS.A. 2000, c. P-34.
b)
This Section shall not prevent any Peace Officer from issuing a violation ticket requiring the
court appearance of the defendant, pursuant to the provisions of the Provincial Offences
Procedure Act, RS.A. 2000, c. P-34, or from laying an information instead of issuing a violation
ticket.
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13.
Severability
a)
If any Section or parts of this Bylaw are found in any court of law to be illegal or beyond the
power of Council to enact, such Section or parts shall be deemed to be severable and all other
Section or parts of this Bylaw shall be deemed to be separate and independent there from and
to be enacted as such.
14.
General
a)
This Bylaw shall take effect on the 1st Day of January 2017.
b)
Bylaw 026-11, and Bylaw 023-13, being the Business License Bylaw, are hereby repealed in their
entirety.
READ A FIRST TIME this 5th Day of December 2016
READ A SECOND TIME this 5th Day of December 2016
READ A THIRD TIME AND PASSED this
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8
SCHEDULE A- Business License Fees
Annual (Jan 1- Dec 31)
License Type
After July1
After October1
Chestermere Business
$
$
$
Commercial Premise
40.00
150.00
75.00
$
$
$
25.00
Major Home Business
100.00
50.00
$
$
$
15.00
25.00
Minor Home Business
50.00
$
$
$
75.00
Non-Chestermere Business
150.00
300.00
Other License Types
$
50.00
1Day
$
3 Consecutive Days
70.00
$
7 Consecutive Days
90.00
$
120.00
30 Consecutive Days
$
Seasonal 4 month License
(consecutive)
150.00
$
Change of Business type, ownership
or name
50.00
$
Appeal of refusal, revocation, or
suspension
50.00
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SCHEDULE B - Penalties
Section
Offence
Specified Penalty
Minimum
$300.00
4(1)
Operate business without Business
License
$500.00
$150.00
6(5)
Give false information on application
$250.00
$2500.00
$1500.00
7(7)
Carry on business when Business
License suspended
$150.00
9(1)
$250.00
Fail to post Business License
within public view
$150.00
$250.00
9(2)
Failure to produce Business License
upon request
$150.00
9(3)
Reproduce/alter/deface License
$250.00
$600.00
10(2)(a)
Business fails to permit inspection
$1000.00
$300.00
$500.00
10(2)(b)
Business fails to provide
identification/information
$600.00
$1000.00
10(2)(c)
Provide false/misleading information
to Peace Officer
$600.00
$1000.00
10(3)
Obstruct/hinder Peace Officer
$300.00
$500.00
10(4)
Fail to provide Peace Officer with
record
10
SCHEDULE "C" - Professional Business License Registration
If you are a professional exempt from obtaining a business license as outlined by various provincial Acts
you do not require a Business License. The onus is on the individual/professional corporation to
provide proof of exemption.
However there are two items you need to note:
Planning and Building Permits
There are a number of permits you will require to establish your Business in Chestermere. Before you
open your professional service, you must go to City Hall, Planning Department reception desk, to discuss
your particular requirements.
Business Registration
All other Businesses except those defined as Exempt require a Business License. However, all exempt
professionals that apply for a no-fee City of Chestermere Business License will receive a complimentary
listing in the City of Chestermere Business Directory.
11