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BYLAW NO. 847
The Business License Bylaw
Being a Bylaw lot the Village of Delburne, in the Province of Alberta,
relating to the licensing and regulation of certain
bsinesses, occupations, and properties.
PVIRSUANT TO provisions of the Municipal Government Act, Chapter M-26.1, 1994 and
arriiendments thereto:
WHEREAS it is expedient to enact a bylaw that relates to the licensing and regulation of
ceWain businesses, occupations, and properties within the community, therefore the
MXnicipal Council of the Village of Delburne ENACTS AS FOLLOWS:
1.
Title
This bylaw may be cited as "The Business License Bylaw."
Definitions
In this bylaw, unless the context otherwise requires:
a.
b.
c.
d.
e.
f.
g.
h.
i.
J.
k.
I.
"Act" mea
lns the Municipal Government Act, Chapter M-26.1, 1994 and
amendments thereto or as replaced or amended from time to time.
"applicant" means a person who applies for a license or a renewal of a
license required by this bylaw.
"carry on" means to carry on, operate, perform, keep, hold, occupy, deal in
or use, for gain, whether as principal or agent.
"charitable! or non-profit organization" means a person, association of
persons, or a corporation, acting for charity or in the promotion of general
social welfare which cannot at any time distribute any dividend or profit to its
members Ynd includes:
i.
a religious society or organization;
ii.
a service club;
iii.
a community, veterans' or youth organization;
iv.
a social, sport or fraternal organization or club;
v.
an employers' or employees' organization;
"Council" means the Municipal Council of the Village of Delburne.
"Fire Chief' means the Fire Chief of the Village of Delburne.
"Hawker arid Pedlar" means a traveling vendor or a vendor only requiring a
temporary license.
"Home Occ
1upation" means any business granted a license by the Village of
Delburne and given approval to carry on business out of the home of the
licensee.
"License" rlieans a license granted by the Village of Delburne entitling the
person to Zhorn it is granted to carry on business therein specified in the
Village of Delburne.
"License Appeal Board" shall be composed of the Council.
"licensee"
eans a person holding a valid and subsisting license issued
pursuant to the provisions of this bylaw.
"License 1nlpector" means the person so designated by Council.
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Village of Delburne - Bylaw 847
"Local n0n-resident" means any person, firm or corporation whose
permanent base for their business is within the boundaries of the County of
Red Deer including the urban municipalities of the City of Red Deer, the
Towns of Bowden, lnnisfail, Penhold, Sylvan Lake, and the Village of Elnora.
"Medical Officer of Health" means the Medical Officer of Health as defined
in the Public Health Act R.S.A. Chapter P-27.1, 1984.
"non-resident" means any person, firm, or corporation whose permanent
base for their business is beyond the boundaries of the County of Red Deer.
"person" means a natural person or a body corporate and includes a
partnership, a group of persons acting in concert or an association unless the
context explicitly or by necessary implication otherwise requires.
"Police" means any member of the R.C.M.P., or any Peace Officer, or Bylaw
Enforcement Officer, appointed by the Village of Delburne.
"premises"I include the store, office, warehouse, factory, building, enclosure,
yard or other place occupied, or capable of being occupied, by any person
for the purpose of any business.
"resident business" means any person, firm or corporation carrying on
business in the Village of Delburne.
"Residential Business" means a Home Occupation.
"Safety Codes Office" means Safety Codes Officer as defined in the Safety
Codes Act, Chapter S-0.5,
"Supplier" means a business, corporation and/or individual that supplies
goods for resale to the holder of a Village Business license. Notwithstanding
this, if a fuusiness, corporation and/or individual supplies a service to
equipment required for the operation of a holder of a Village Business
license, they may be exempted from requiring a license;
"Village" Jeans the Village of Delburne, a municipal corporation in the
Province of Alberta.
Appointment of License Inspector
Council shall appoint a License Inspector to carry out the terms of the this bylaw.
Powers and Duties of License Inspector
The powers and d\uties of the License Inspector are:
a.
to receive and deal with all applications for licenses including the collection
of money pkyable under this bylaw;
b.
c.
to asce]ai^j that all i_formati_on furn_ished by an appli`ant in connection with
an appl1cat1on for a license 1s true in substance and in fact;
to prosecutk violations and infractions of this bylaw.
Necessity for Licernse
a.
No person shall, within the Village of Delburne:
i.
cara on or operate any of the business, callings, trades, or
occupations referred to in this bylaw; or
II.
carry on any undertaking, do any act, or use or have any article for
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Village of Delburne - Bylaw 847
which a license is required;
unless th1at person holds a valid license from the Village of Delburne
obtained in accordance with the provisions of this bylaw.
b.
Notwithstanding subsection (a), no license shall be required:
i.
for \a business carried on or operated by the Village or at a location
operated by an official or employee of the Village acting on behalf of
thel Village in their capacity as such official or employee;
11.
by an official or an employee of the Village carrying out any act in
their official capacity;
iii.
for buch other business as Council, by resolution, may from time to
time exempt.
c.
Notwithstanding any other provision in this bylaw a license shall not be
required of a business carried on by the Governments of the Province of
Alberta or panada nor shall a license be required by any person or business
if any statute of Canada or the Province of Alberta exempts such person or
business from requirements of municipal licensing.
Exemptions from I Fees
a.
Where any charitable or non-profit organization wishes to be exempted from
the requirements of this bylaw to pay a license fee, it shall apply in writing to
the License Inspector for such exemption, providing the License Inspector
with:
b.
c.
d.
e.
1.
the name of the organization, the Articles or Memorandum of
Incorporation, and such other information as the License Inspector
requires to determine that the organization is a charitable or non-profit
organization as defined by this bylaw;
ii.
a description of the business which the organization wishes to carry
on and the time and place where it is to be carried on.
The License Inspector may grant any exemption applied for pursuant to this
section with or without condition, or refuse to grant any such exemption.
Suppliers shall be exempt only while operating as previously defined. As
soon as they begin to conduct business with unlicensed individuals a license
is required.
Farmers markets are also exempted from requiring a license.
Where an exemption is granted to an organization pursuant to this section,
unless the !exemption, when granted, specifically otherwise provides, the
organization shall comply with the provisions of this bylaw relating to the
business to be carried on, other than the requirement to pay a license fee.
Application Form
An applicant for a license shall make application to the License Inspector on a form
supplied by the License Inspector, furnishing such information as the form shall
require and such additional information as the License Inspector may from time to
time require, including:
a.
a statutoJ declaration, where required by the License Inspector,
substantiating the information contained in the form;
b.
every Federal or Provincial Certificate, authority, license or other document
or qualification that may be required in connection with the carrying on of a
business; I
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Village of Delburne - Bylaw 847
c.
a Provincial License where required under any Provincial Act;
d.
any certificate or other approval required by any provision of this bylaw in
respect of the business;
e.
the license fee payable in respect of the business as set out in this bylaw.
Home Occupation
a.
No licensEp shall be issued for a home occupation until the applicant is in
possession of a valid development permit issued under the provisions of the
Village of Delburne's Land Use Bylaw.
b.
Where a b
1usiness subject to licensing is carried on or intended to be carried
on in more than one location, a license shall be required in respect of each
place as though the business carried on in each were a separate business.
W
Compliance
Whenever an applicant for a license has complied with the terms of this bylaw and
of any other bylavys applicable, the applicant shall be entitled to the license applied
for upon payment of the proper fee.
10.
Appeal Process
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a.
Where an application for a license, or for a transfer of a license, has been
refused orl has been authorized subject to conditions, the applicant may
appeal to the License Appeal Board.
b.
After hearing the applicant and the evidence adduced, the License Appeal
Board maylconfirm such refusal or conditional approval or may direct that the
license be issued either conditionally or unconditionally as may be deemed
expedient in the public interest.
c.
The decision of the License Appeal Board is final.
Production
Every licensee who holds a license under this bylaw which is not limited to specific
premises, shall, s1o long as the license is in force, have immediately available the
license or duly awthorized copy thereof and such licensee shall, upon request,
forthwith produce same to a Police Officer, a License Inspector, or any person with
whom the licensee is doing business to which the license relates.
Inspection
Where a business involves the occupation of a specific building or a specific
location and such\ business is reasonably believed to require a license under this
bylaw a Police Officer, a License Inspector or any other authorized person may
inspect the buildin
1g or location for any purpose under this bylaw at all reasonable
times during the litense year.
Revocation and Refusal
a.
Where, on ·nspection, a business which is subject to an inspection by or on
behalf of the Medical Officer of Health is found to contravene any provision
of the Public Health Act R.S.A. Chapter P-27.1, 1984 and any regulations
made thereXnder, and amendments or substitutions therefore or any Bylaw
respecting health, the Medical Officer of Health may revoke the license in
respect thereof.
Where, on i
lnspection, a business which is subject to an inspection by or on
behalf of thb Safety Codes Officer is found to contravene the provisions of
b.
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Village of Delburne - Bylaw 847
the SafetYi Codes Act, Chapter S-0.5, or as amended or replaced from time
to time, the Safety Codes Officer shall advise the Fire Chief, who shall report
the contrhvention to the License Inspector who may revoke the license
therefore -1
The Licerlse Inspector may revoke or refuse to grant any license on any
grounds Jhich, in his opinion, are just and reasonable.
d.
Upon a license being revoked as hereinbefore provided, the License
Inspector ihall notify the licensee thereof:
i.
by <delivering a notice to the licensee personally; or
11.
by railing double registered letter to the licensees place of business
or residence as shown on the licensees license, and shall have been
deJmed to have been received five days after the date of mailing;
and after jhe delivery or deemed receipt of such notice the business or
occupation, as the case may be, shall not be carried on until such time as a
new licens)e is issued.
Duration
Every license issued under the provisions of this bylaw shall terminate at midnight
on the 31st day of December of the year in which the said license was issued
unless:
a.
the licenseI provides otherwise; or
b.
the license has been sooner canceled or forfeited.
15. 1
Business License! Fees and Charges
a.
No persori shall carry on or operate any business, calling, trade or
occupationlwithin or partly within the Village of Delburne without first paying
to the Licekse Inspector, the license fee prescribed in the Schedule of Fees
and Charges for Business Licenses as maintained in the current Fees and
Charges Bylaw.
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b.
C.
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e.
Where an applicant only requires a Business License for a short period of
time, a "Haiker and Pedlars License" may be purchased and this license will
have a tenl of validity of no more than three (3) days from issuance.
Where the !applicant is applying for a new Business License, the Business
License fee may be pro-rated from the nearest month.
Where an lxisting Business License is not renewed by January 31 of the
current yeat, a late fee, as prescribed in the Schedule of Fees and Charges
for Busines1 Licenses as maintained in the current Fees and Charges Bylaw,
may be levi1ed.
Where the Business License fee required has been paid by the tender of an
uncertified theque, the license:
i.
is isJued subject to the cheque being accepted and cashed by the
ban l without any mention of this condition being made on the license;
and
11.
is automatically revoked if the cheque is not accepted and cashed by
the dank on which it is issued.
Penalty
a.
Any person1 contravening any provision of this bylaw shall be liable upon
conviction therefore to a fine of not less than $250.00 and not more than
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Village of Delburne - Bylaw 847
$1000.00 exclusive of costs, and in case of non-payment of the fine and
costs so irposed, the person shall be imprisoned for a period of time not to
exceed six months unless the fine and costs including the cost for committal
are sooner paid.
Where the offense is non-payment of any license fee payable hereunder, the
convicting provincial judge may adjudge payment thereof in addition to the
fine imposed.
17.
Replacing Previous Bylaws
Upon passing of ithis bylaw, Bylaw 779 and Bylaw 792 shall cease to be in effect.
FIRST READING of Bylaw No. 847 granted this 9th day of December, 1997.
SECOND READING of Bylaw 847 granted this 22nd day of December, 1997.
THIRD AND FINAL READING of Bylaw 847 granted this 22nd day of December, 1997.
, Municipal Administrator
aDecember 6, 1997
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