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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
BYLAW 887-R-04-24
TOWN OF COALDALE
PROVINCE OF ALBERTA
BEING A BYLAW OF THE TOWN OF COALDALE
TO ESTABLISH THE LICENSING AND REGULATION
OF ALL BUSINESSES OR INDUSTRIES WITHIN THE TOWN OF COALDALE
WHEREAS the Municipal Government Act, RSA, 2000, c. M-26 and amendments thereto,
authorize a Council to pass bylaws for municipal purposes;
AND WHEREAS Section 7 of the Municipal Government Act, RSA, 2000, c. M-26
authorize the Council to pass bylaws for the municipal purpose of respecting business
activities and persons engaged in business;
AND WHEREAS Section 8 of the Municipal Government Act, RSA, 2000, c. M-26 permits
Council to provide for a system of licenses, permits or approvals;
NOW THEREFORE, the Council of the Town of Coaldale, duly assembled hereby enacts
as follows:
1. BYLAW TITLE: This bylaw may be cited as the "Business Licensing Bylaw".
2. DEFINITIONS
2.1 In this bylaw unless the context otherwise requires:
(a)
"Adult Person" means any natural person over the age of eighteen (18)
years of age.
(b)
"An Alberta Approved Farmers Market" means:
i. A market meeting minimum operational requirements that brings
together multiple vendors in-person on a regular basis, creating
an opportunity for Alberta entrepreneurs to see their Alberta
products directly to consumers.
ii. A minimum of 80% of the vendors are Albertans who make, bake
or grow the products they sell or a food establishment whose
proposed operation has been approved by the Minister
responsible for agriculture as an approved farmers' market under
the administration of that Minister's department.
(c)
"Business" includes every business, trade, profession, industry,
occupation, employment or calling, and the providing or goods and
services.
(d)
"Bylaw Enforcement Officer" means an authorized Bylaw Enforcement
Officer of the Town of Coaldale.
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
(e)
Designated Officer means a Bylaw Officer, or anyone appointed as a
Designated Officer under this bylaw by the Chief Administrative Officer.
(f)
"Charitable Organization" means any religious, charitable, scientific,
literary, or educational organization which is a registered Canadian
charitable organization pursuant to the Income Tax Act of Canada.
(g)
"Chief Administrative Officer (CAO)" means the Chief Administrative
Officer of the Town of Coaldale, and anyone authorized by the Chief
Administrative Officer to act on their behalf.
(h)
Food Truck means a cart, trailer, or vehicle-mounted food service
establishment, which is designed to set up on a temporary basis and be
readily moveable, from which prepared food and/or beverages are offered
for sale to the public.
(i)
"Home Occupation" means any occupation, trade, profession, or craft
carried on by a person who lives in a residential dwelling where the
business is the secondary use of the dwelling and includes any ancillary
activity carried out at a residence on behalf of a business. "
(j)
"License" means a license issued pursuant to this bylaw.
(k)
"Licensee" means a person holding a valid license issued pursuant to this
bylaw.
(l)
"License year" means the period commencing January 1 and ending
December 31.
(m)
"Market" means 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.
(n)
"Resident" means:
(i)
in the case of a natural person, one who has resided in the Town
continuously for twelve (12) months prior to the date the license is
applied for,
(ii)
in the case of a business, one which is assessed for and is liable
for property tax to the Town of Coaldale.
(o)
"Roadside Fruits and Vegetables Vendor" means any person or Business
which sells or offers for sale:
(i)
meats, fruits, or vegetables,
(ii)
other farm produce at a temporary location on a street, road,
private parking lot or elsewhere other than a building that is a
permanent place of business.
(p)
"Taxi" means a motor vehicle employed in the conveyance of passengers
for a fee with the original manufacturer designed seating capacity of 8 or
fewer passengers, including the driver, but does not include a drive-
yourself vehicle or Transportation Network Automobile.
(q)
"Taxi Operator" means a person who operates a taxi.
(r)
"Town" means the Corporation of the Town of Coaldale, or the area
contained within the corporate boundaries of the Town as the context
requires.
(s)
"Transportation Network" means an online enabled application, a digital
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
platform, software, a website, or any other system offered, used or
operated by a Transportation Network Company and that is used by
persons to pre-arrange the transportation of passengers for compensation
by a Transportation Network Driver, as defined in the Transportation
Network Companies Regulation 100/2016 and amendments thereto.
(t)
"Transportation Network Automobile" means a motor vehicle with a
manufacturer's seating capacity originally designed for 8 or fewer
passengers, including the driver, used to provide prearranged
transportation of passengers for compensation using a Transportation
Network, as defined in the Transportation Network Companies Regulation
100/2016 and amendments thereto but does not include a Taxi.
(u)
"Transportation Network Company" means a corporation, partnership,
sole proprietorship, association or other entity, or individual that connects
passengers with Transportation Network Drivers for pre-arranged
transportation exclusively through the offering, use or operation of a
Transportation Network, as defined in the Transportation Network
Companies Regulation 100/2016 and amendments thereto.
(v)
"Transportation Network Driver" means a person authorized by a
Transportation Network Company to operate a Transportation Network
Automobile to provide prearranged transportation of passengers for
compensation using a Transportation Network, as defined in the
Transportation
Network
Companies
Regulation
100/2016
and
amendments thereto.
3. APPOINTMENT AUTHORITY & DUTIES
3.1
The Chief Administrative Officer (CAO) may appoint Designated Officer(s) to carry
out the provisions of this bylaw.
3.2
A Designated Officer is authorized to:
(a)
Receive, consider and deal with all applications for a license and transfer
thereof.
(b)
Record such information with respect to licenses as may be considered
necessary.
(c)
Periodically visit and inspect business premises and construction sites for
the purpose of ascertaining whether the business is complying with the
provisions of this or any other applicable bylaws.
(d)
Refuse to grant a license or to revoke or suspend any license if, in their
opinion, there are just and reasonable grounds for the refusal or the
application or for the revocation or suspension of the license subject to the
right of the applicant to appeal the refusal, revocation or suspension to
Town Council.
(e)
Issue a license, with or without conditions, upon payment or the
appropriate fee.
(f)
Prosecute violators of this bylaw.
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
4. LICENSE REQUIREMENTS
4.1
No person shall carry on or operate a business which is either wholly within or
partly within and partly outside the Town unless the business holds a valid and
subsisting license to do so, issued pursuant to this bylaw.
4.2
In a prosecution for contravention of this bylaw against engaging in or operating a
business without a license, proof of one transaction in the business or that the
business has been advertised is sufficient to establish that a person is engaged
in or operates the business.
5. EXCEPTIONS
5.1
A Business License is not required for the following businesses;
(a)
A Charitable or Non-Profit Organization registered under the Alberta
Societies Act, and amendments thereto.
(b)
A business carried on by the Government of Alberta or the Government of
Canada.
(c)
Businesses to which an exception is granted by Council resolution from
time to time.
(d)
A business that is exempted from business licensing by Federal or
Provincial legislation, these include but are not limited to:
-
Agrology Profession Act
-
Alberta Approved Farmers Market
-
Architects Act
-
Engineer and Geoscience Professions Act
-
Health Professions Act
-
Insurance Act
-
Land Surveyors Act
-
Professional and Occupational Associations Registrations Act
-
Regulated Accounting Professions Act
-
Regulated Forestry Profession Act
-
Veterinary Profession Act
(e)
Public educational and institutional uses.
6. APPLICATION & ISSUANCE OF LICENSES
6.1
Every application for a license shall be made by an adult person.
6.2
Every applicant for a license shall conform to the provisions of this bylaw and any
other bylaw, Provincial Statue or Federal Act, applicable to that business.
6.3
If in the opinion of the Designated Officer an applicant for a license has complied
with the terms of this bylaw and all-other applicable municipal bylaws, the
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
applicant shall be issued the license applied for upon payment of the applicable
fee. Compliance with any Provincial Statutes and Federal Act will be on the onus
of the applicant.
6.4
Where the Designated Officer issued a license which is subject to certain
conditions, they shall endorse on the license issued the particulars of such
conditions.
6.5
Every license issued under this bylaw shall be posted in a conspicuous place in
the business premises of the applicant licensee.
6.6
Every annual license issued under the provisions of this bylaw shall terminate at
midnight on the 31st day of December of the year in which said license was issued
or such earlier date if the license has been revoked or suspended.
6.7
Every business, for which a yearly business license was issued in the previous
license year must pay the business license fee as stated in the Town's Fees and
Rates Bylaw.
6.8
The Designated Officer my refer any application for a license or for a transfer or
renewal of a license to such persons or Town Departments as they deem
advisable in the circumstances and the Bylaw Enforcement Officer shall deal with
the application when such comments have been received.
6.9
All licenses issued are subject to the applicable land use regulations in force in
the Town and the issuance of a license shall not be deemed approval to carry on
a business in or on any premises in contravention of such regulations. If any case
where a license is granted to a person to carry on a business in or on a premises
where such activity is not permitted by the land use regulations of the Town, the
Designated Officer shall forthwith cancel the license and refund the license fee to
the applicant.
6.10
All businesses required to hold a license pursuant to this bylaw shall pay a license
fee per business site in accordance with the Town's Fees and Rates Bylaw as
approved by Town Council.
6.11
(a)
Should a new annual license be issued after June 30th, in any year, the
license fee shall be one-half of the appropriate annual license fee.
(b)
A subsisting license issued under this bylaw may be transferred to another
person upon application to the Bylaw Enforcement Officer and payment of
ten (10%) percent of the annual license fees, provided the transferee has
the necessary qualifications for such a license.
(c)
Where a license is revoked or surrendered, the licensee is not entitled to
any refund.
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
7. FOOD TRUCKS
7.1
(a)
All Food Trucks are required to hold a license pursuant to this bylaw and
shall pay an annual license fee per food truck business in accordance with
the Town's Fees & Rates Bylaw as approved by Town Council.
(b)
All home-based Town of Coaldale resident food truck businesses are
required to have a Home Occupation Development Permit prior to
receiving a business license.
(c)
All food trucks operating within the Town of Coaldale shall be in
compliance with Alberta Health Services rules and regulations.
(d)
All food trucks operating in the Town of Coaldale shall comply
with the fire code in effect.
(e)
All food trucks must pass a Coaldale and District Emergency Services
annual Fire Inspection before commencing operation.
(f)
Food trucks shall not be located where they are a hazard to the public as
determined by the Development Officer, Bylaw Officer(s), Law
Enforcement Officer(s), the Fire Chief or his designate, or the Director of
Recreation & Community Services.
8. MARKETS
8.1
(a)
All persons organizing a market are required to hold a license pursuant to
this bylaw and shall pay an annual license in accordance with the Town's
Fees & Rates Bylaw as approved by Town Council.
(b)
Charitable organizations registered pursuant to the Income Tax Act of
Canada is not required to obtain a license.
(c)
A person operating a stall on the premises of a market does not require a
license.
(d)
All home-based Town of Coaldale businesses are required to have a
Home Occupation Development Permit prior to receiving a business
license.
9. ROADSIDE FRUITS & VEGETABLES
9.1
(a)
All persons operating a roadside fruit and vegetable business, are required
to hold a license pursuant to this bylaw and shall pay an annual license in
accordance with the Town's Fees & Rates Bylaw as approved by Town
Council.
(b)
Charitable organizations registered pursuant to the Income Tax Act of
Canada is not required to obtain a license.
(c)
All home-based Town of Coaldale businesses are required to have a
Home Occupation Development Permit prior to receiving a business
license.
10. PUBLIC TRANSPORTATION
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
10.1
Taxi
(a)
Every person operating a taxi or taxis who carries persons for hire from
within the Town to places outside the Town or within the Town to another
place within the Town shall obtain a business license.
(b)
No person shall:
(i)
Operate a taxi in the Town unless that person is in possession of a
valid Business license.
(ii)
Operate a taxi unless their business license is always openly and
prominently displayed in the vehicle in such a manner as to be
visible to a passenger.
(c)
Before authorizing a Taxi Business License, the Manager of Community
Policing, shall:
(i)
Request a Criminal Record Check, production of a valid (minimum)
Class 4 Alberta Driver's License, and a Driver's Abstract for all Taxi
operators employed by the company and operating in Coaldale.
(ii)
No person who has been convicted under the Criminal Code of
Canada, within the previous five (5) years for the following
offences, shall be allowed to operate a Taxi within the Town of
Coaldale:
-
A sexual offence or offence relating to the corruption of
public morals;
-
An offence relating to homicide, assault, kidnapping, arson
or abduction;
-
An offence relating to robbery or extortion; and
-
An offence of criminal negligence, dangerous driving,
impaired driving, or driving whilst their license is
suspended.
(d)
The Detachment Commander of the Coaldale R.C.M.P. and the Manager
of Community Policing have the right to direct a taxi operator license to be
refused or suspended if the R.C.M.P. Detachment Commander or the
Manager of Community Policing decide the person is not fit to operate a
public conveyance or if the person does not comply with the provisions of
this bylaw or any other applicable provincial or federal legislation.
(e)
Any person who operates any taxi or permits any taxi to be operated in the
Town of Coaldale, shall:
(i)
Maintain the taxi meter in good working condition so that the fare
will be accurately registered at all times and to remove the taxi from
operation when the taxi meter is improperly functioning;
(ii)
The owner shall provide subsisting insurance and a Class 1 Alberta
vehicle registration;
(iii)
Maintain the vehicle in a manner and condition to ensure the safety
of the customer being transported;
(iv)
Ensure the company name is displayed on the passenger and
driver side of the vehicle at a minimum size of 24 inches in width
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
by 6 inches in height. Companies with more than one vehicle shall
also affix a unit number on the vehicle.
(f)
No Taxi operator shall, at any time, carry more persons as passengers
than the number of seat belts provided.
10.2
Transportation Network Company
(a)
Every person operating a Transportation Network Company within the
Town to places outside the Town or within the Town to another place within
the Town, shall obtain a Business License.
(b)
Every person operating a Transportation Network Company within the
Town of Coaldale, shall:
(i)
Provide proof of compliance with the Traffic Safety Act,
Transportation Network Regulation at the time of application for a
Town of Coaldale Business License and annually thereafter.
(c)
Before authorizing a Transportation Network Company Business License,
the Manager of Community Policing, shall:
(i)
Request a Criminal Records Check, production of a valid
(minimum) Class 1, 2 or 4 Alberta Driver's License, and a Driver's
Abstract for all Transportation Network Automobile Operators
employed by the Company and operating in Coaldale.
(ii)
No person who has been convicted under the Criminal Code of
Canada, within the previous ten (10) years for the following
offences, shall be allowed to operate a Transportation Network
Automobile within the Town of Coaldale:
-
A sexual offence or offence relating to the corruption of
public morals;
-
An offence relating to homicide, assault, kidnapping, arson
or abduction;
-
An offence relating to robbery or extortion; and
-
An offence of criminal negligence, dangerous driving,
impaired driving, or driving whilst their license is
suspended.
(d)
The Detachment Commander of the Coaldale R.C.M.P. or the Manager of
Community Policing have the right to direct a Transportation Network
Driver's license to be refused or suspended if the Detachment Commander
of the Coaldale R.C.M.P. or the Manager of Community Policing decide
the person is not fit to operate a public conveyance or if the person does
not comply with the provisions of this bylaw or any other applicable
provincial or federal legislation.
11. REVOCATIONS SUSPENSIONS & APPEALS
11.1
Where an application for a license is refused or where a license is revoked or
suspended, the Designated Officer shall notify the applicant in writing or such
refusal, revocation or suspension and the reasons for the same.
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
11.2
Pursuant to Section 11.1 of this bylaw, the applicant may appeal to Town Council.
11.3
An appeal pursuant to Section 11.2 shall be made in writing, addressed to the
Municipal Clerk of the Town and shall be made within thirty (30) days after date of
the refusal, revocation, suspension or date upon which the license was issued
subject to conditions.
11.4
Town Council after hearing an appeal pursuant to Section 11.2, Town Council
may:
(a)
Direct a license be issued without conditions;
(b)
Direct a license be issued with conditions;
(c)
Uphold the decision of the Designated Officer on grounds which appear
just and reasonable by Town Council.
12. SPECIFIC REGULATIONS RESPECTING CERTAIN SPECIFIC BUINESSES
12.1
In addition to general provisions of this bylaw, including the requirement of a
business license, the businesses dealt with in this part are subject to the following
regulations.
12.2
Non-Resident Vendor
(a)
Means a business that does not ordinarily maintain within the Town a
permanent place of business and applies to those businesses providing
goods or product and selling from a commercial zoned business within the
Town.
(b)
The annual license fee for a Non-Resident shall be in accordance with the
Town's Fees and Rates Bylaw as approved by Town Council.
12.3
Non-Resident Contractor
(a)
Means a business that does not ordinarily maintain within the Town a
permanent place of business and applies to those businesses providing
services within the Town.
(b)
The annual license fee for a Non-Resident shall be in accordance with the
Town's Fees and Rates Bylaw as approved by Town Council.
12.4
Home Occupations:
(a)
No license for a home occupation shall be granted until the applicant has
first obtained the necessary development approval under the applicable
land use regulations of the Town.
(b)
The annual license fee for home occupations shall be in accordance with
the Town's Fees and Rates Bylaw as approved by Town Council.
13. FINES AND PENALTY
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Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
13.1
Every person who violates any of the provisions of this bylaw, who suffers or
permits any act or thing to be done in contravention or in violation of anything
required to be done by any of the provisions of this bylaw or who does any act
which violates any provisions of this bylaw, shall be deemed to be guilty of an
offence against this bylaw and liable to the penalties herein imposed.
13.2
(a)
Where a Bylaw Enforcement Officer believes on reasonable and probable
grounds that an offense has been committed under section 4.1 of this
bylaw, they may serve upon such persons a Municipal Tag, or they may
commence proceedings by issuing a summons by means of a Violation
Ticket in accordance with the Provincial Offences Procedure Act R.S.A
2000, Chapter 34, as amended.
(b)
The specified penalty shall be equal to the applicable full annual business
licensing fee.
13.3
Every person who commits an offense against this bylaw is liable to a fine and
penalty upon summary conviction of not more than TWO THOUSAND FIVE
HUNDRED ($2,500.00) DOLLARS and not less than the applicable full annual
business license fee and if in default of payment thereof, to imprisonment for a
period not exceeding SIX (6) MONTHS.
13.4
Every person who commits an offense of a continuing nature is liable to a fine not
exceeding TWO THOUSAND FIVE HUNDRED ($2,500) DOLLARS for each day
such offence is continued.
14. MISCELLANEOUS
14.1
Taxi Bylaw 552-R-11-05, and all amendments, thereto, are hereby repealed.
14.2
Business License Bylaw 451-C-06-00 and all amendments, thereto, are hereby
repealed.
14.3
This bylaw shall come into force upon passing of third and final reading.
READ a FIRST time this 22nd day of April, 2024, for Business License Bylaw 887-R-04-
24.
________________________________
_________________________________
Mayor - Jack Van Rijn
CAO - Kalen Hastings
Motion: 104-2024
Page 11 of 11
Town of Coaldale
Business Licensing Bylaw 887-R-04-24
April 22, 2024
READ a SECOND time this 22nd day of April, 2024, for Business License Bylaw 887-R-
04-24.
________________________________
_________________________________
Mayor - Jack Van Rijn
CAO - Kalen Hastings
Motion: 105-2024
UNANIMOUS CONSENT provided on April 22, 2024, to hold all three readings in one
meeting for Business License Bylaw 877-R-04-24.
________________________________
_________________________________
Mayor - Jack Van Rijn
CAO - Kalen Hastings
Motion: 106-2024
READ a THIRD and FINAL time this 22nd day of April, 2024, for Business License Bylaw
887-R-04-24.
________________________________
_________________________________
Mayor - Jack Van Rijn
CAO - Kalen Hastings
Motion: 107-2024