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Village of Donalda BYLAW
NO. 756-22
A BYLAW OF THE VILLAGE OF DONALDA, IN THE PROVINCE OF ALBERTA, TO PROVIDE LICENSING
AND REGULATIONS OF ALL BUSINESSES, BUSINESS ACTIVITIES AND PERSON ENGAGED IN BUSINESSES
WITHIN THE VILLAGE OF DONALDA
WHEREAS pursuant to the Municipal Government Act, R.S.A. 2000, c. M-26, as amended or
repealed and replaced from time to time, a municipality may pass bylaws respecting
businesses and provide for a system of licensing;
AND WHEREAS it is deemed expedient to provide for the licensing of businesses operating within
the Village Of Donalda;
THEREFORE, the Council of the Village of Donalda in the Province of Alberta, duly assembled, hereby
enacts as follows:
PART 1: BYLAW TITLE
SHORT TITLE
1.
This Bylaw is to be cited as the "Business License Bylaw".
PART 11: DEFINITIONS
2.
DEFINITIONS
a)
"Applicant"
means any Person who makes an
application for any Business License under the provisions of this Bylaw.
b)
"Application"
c)
"Business"
the
d)
"Business License"
Bylaw.
means a written Application for a Business
License as provided for by this Bylaw and
includes
an
Application
to
renew
or transfer.
means the same meaning as provided by
Municipal Government Act, R.S.A. 2000, c.
M- 26, as amended or repealed and replaced
from time to time.
means a license issued pursuant to this
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e)
"Business Premises"
f)
"Bylaw Officer"
g)
"Chief
Administrative
h)
"Council"
i)
"Home Business"
j)
"Land Use Bylaw"
k)
"Licensee"
I)
"Person"
m)
"Temporary Business"
means any store, office warehouse, house,
building, enclosure, yard, or other place
occupied or capable of being occupied for
the purpose of carrying on a Business.
means a Bylaw Enforcement Officer by the
Village
pursuant
to
the
Municipal
Government Act, R.S.A. 2000, c. M-26, as
amended or repealed and replaced from
time to time, to enforce the Village bylaws,
and includes a member of the Royal
Canadian Mounted Police and a Peace
Officer authorized under the Peace Officer
Act, S.A. 2006, c. P-3.5, as amended or
repealed and replaced from time to time,
having jurisdiction in the Village.
means the Chief Administrative Officer of the
Village, as a ppo in te d p u r s u a n t t o the
Municipal Government Act, R.S.A. 2000, c. M-
26, as amended or repealed and replaced
from time to time, or his or her designate.
means the municipal council of the Village of
Donalda.
means a Business carried on by a Person, who
is an occupant of the dwelling, as a use
secondary to the residential use of the
building, and which does not change the
character thereof or have any exterior
evidence of such secondary use other than a
small sign as provided for in the Land Use
Bylaw.
means the Land Use Bylaw of the Village.
means a Person holding a valid and existing
Business License issued pursuant to the provisions
of this Bylaw.
means any individual, firm, corporation or
partnership of any kind.
means a business that operates for less than
six months any given license year.
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n)
"Village"
o)
"Violation Tag"
p)
"Violation Ticket"
means the Village of Donalda in the Province of
Alberta.
means a tag or similar document issued by the
Town or its Agent pursuant to Section 7 of the
Municipal Government Act, R.S.A. 2000, c. M-
26, as amended or repealed and replaced
from time to time.
means a Ticket issued pursuant to Part 2 of the
Provincial Offences Procedures Act,
R.S.A. 2000, c. P-34, as amended or repealed
and replaced from time to time, and the
regulations thereunder.
PART 111: APPLICATION
3.
BUSINESS LICENSE REQUIREMENTS
a)
No Person shall carry on or operate any Business within or temporarily
within the Village without holding a valid and subsisting Business License
issued pursuant to the provisions of this Bylaw, unless specifically
exempted by Provincial or Federal law or this Bylaw.
b)
Any advertising of a Business shall be prima facie proof that the Business is
being carried on or operating.
c)
A Person who operates more than one Business, either separately or
together, shall maintain in force a valid Business License for each Business.
d)
Any Person who operates more than one Business Premise in respect of
any Business shall take out a separate Business License for each Business
Premise.
4.
BUSINESS LICENSE APPLICATION AND ISSUANCE
a)
A Person applying for a Business License shall submit to the Chief
Administrative Officer or his or her designate a complete written
Application in a form as provided by the Village and attached hereto
as Schedule "A". The completed form must be signed by the Applicant,
or in the case of a corporation, its duly appointed agent.
If all the requirements of this Bylaw are met, the Chief Administrative Officer or his or
her designate shall issue a Business License to an Applicant or
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Licensee with or without conditions, where deemed appropriate, upon payment in full
of the required fee as prescribed in Schedule "B" attached to and forming part of this
Bylaw.
b)
No Application shall be considered complete unless accompanied by
the corresponding fee as prescribed in Schedule "B".
c)
An Application for the renewal of an existing Business License shall be
submitted to the Village of Donalda no later than January 31of each
Business License year.
d)
Every Business License is valid from January 1 to December 31 of the year
issued, unless revoked, suspended, or cancelled prior to that date.
5.
BUSINESS LICENSE REVOCATIONS OR SUSPENSIONS
a)
The Chief Administrative Officer or his or her designate may revoke or
suspend any Business License for non-compliance with this Bylaw
notwithstanding that the Licensee has not been prosecuted for a
contravention of that Bylaw.
b)
Where a Business License is revoked or suspended pursuant to subsection
5(a), the Chief Administrative Officer or his or her designate shall notify
the Licensee in writing of the revocation or suspension and the reason or
reasons for the revocation or suspension. Notification shall be in the form
of one of the following methods:
i)
by delivery of a notice to the Licensee personally; or
ii)
by registered mail to the mailing address as shown on the
Business License.
c)
After notification to the Licensee by the Village, the Business shall not
operate.
d)
When any required certificate, license or other document or qualification
related to the Business issued by the Government of Canada or the
Government of the Province of Alberta is terminated or surrendered,
the Business License issued pursuant to this Bylaw immediately becomes
null and void, without notice under Section 5(b).
e)
Where a Business License is revoked, the Licensee shall immediately return
the Business License to the Village and the Business shall not operate until
such time as a new Business License is issued.
f)
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g)
Where a Business License is suspended, the Licensee may resume operation
when the Business License is reinstated.
h)
Where a Business License is revoked or suspended, the Licensee is not
entitled to a refund of the Business License fee.
6.
APPEALS
a)
In the case where an application has been refused or a Business License
has been revoked or suspended, the Applicant or Licensee may appeal
the refusal, revocation or suspension to Council.
b)
The Appeal of an Applicant or Licensee shall be in writing and filed
within thirty (30) days of the refusal, revocation or suspension and shall
state the grounds upon which the appeal is based. The appeal must be
accompanied by a fee as prescribed in Schedule "B" for the appeal to
be considered complete.
c)
All appeals shall be addressed to the Chief Administrative Officer
and shall be considered properly filed if delivered within the time limit set
out in Section 6(b).
d)
All appeals shall be heard by Council and in deciding the Appeal,
Council may:
i)
direct that a Business License be issued or reinstated;
ii)
direct that a Business License be issued or reinstated with
conditions; or
iii)
direct that a Business License be refused.
7.
BUSINESS LICENSE GENERAL REGULATIONS
a)
No Business License shall be issued to any Person until the Applicant
proves to the satisfaction of the Chief Administrative Officer or his or her
designate that the Person has complied with all the requirements of the
Government of Canada and the Government of the Province of Alberta
relating to the proposed Business or Business Premises, if applicable,
including holding any valid Provincial or Federal licenses as may be
required by law.
b)
No Business License shall be issued unless there is a valid and subsisting
Village Development Permit for the proposed Business or Business
Premises as required by the Land Use Bylaw. All Development Applications
must be approved by Village Council.
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c)
A Business License is not valid unless signed by the Chief Administrative
Officer or his or her designate.
d)
A valid Business License issued pursuant to this Bylaw shall be posted in a
conspicuous place in the Business Premises for which the Business License
is issued.
e)
A Licensee may transfer a Business License to any Person or from one
Business Premise to another upon completion of an Application form
and payment of a fee prescribed in Schedule "B" of this Bylaw, and, if
applicable, any legal documentation releasing the rights and interest of a
previous Licensee.
f)
Every Person operating any Business in respect of which a Business License
is required under this Bylaw shall co-operate with and, upon request,
provide to the Chief Administrative Officer or his or her designate or to a
Bylaw Officer all information necessary to enable that individual to carry
out his or her duties.
g)
The Chief Administrative Officer, in administering the provisions of this
Bylaw, may:
i)
conduct investigations with regard to proposed
Applications;
ii)
conduct inspections of a Business or Business Premises, or
proposed Business Premises;
iii)
refuse to grant a Business License, or revoke or suspend any
Business License, or add conditions to a Business License upon
issuance or renewal if, in the opinion of the Chief
Administrative Officer or his or her delegate, there are just and
reasonable grounds for the decision subject to the right of
the Applicant to appeal the refusal, revocation, suspension or
conditions to Council; and
iv)
delegate any power, duties or function under this Bylaw
to a designate.
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PART IV: ENFORCEMENT
8.
AUTHORITY OF BYLAW OFFICER
a)
A Bylaw Officer shall be authorized to enforce the provisions of this Bylaw.
b)
A Bylaw Officer may conduct inspections of Business Premises or locations
where the Bylaw Officer has grounds to believe a Business is operating, for
the purposes of ascertaining compliance with this Bylaw.
PART V: PENALITIES AND OFFENSES
9.
GENERAL PENALITIES AND OFFENSES
a)
Any Person who contravenes any prov1s1on of this Bylaw is guilty of an
offense and is liable on summary conviction to a fine as specified in Schedule
"C", attached to and forming part of this Bylaw, in addition to any
license fee he or she may be required to pay pursuant to this Bylaw.
b)
Where a Person is convicted of operating a Business for which a Business
License fee is payable, without payment of such fee having been made, the
Court may, in addition to the fine proposed pursuant to this Bylaw, direct
the payment of the applicable License Fee to the Village.
10.
VIOLATION TAG
a)
A Bylaw Officer is hereby authorized and empowered to issue Violation
Tags to any Person who the Bylaw Officer has reasonable and probable
grounds to believe has contravened any provision of this Bylaw.
b)
A Violation Tag may be issued to such Person either:
i)
personally; or
ii)
by mailing a copy to such Person at his or her last known postal
address.
c)
The Violation Tag shall be in a form approved by the Chief Administrative
Officer and shall state:
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i)
the name of the Person;
ii)
the offense;
iii)
the appropriate penalty for the offense as specified in
Schedule "C" of this Bylaw;
iv)
that the penalty shall be paid within 30 days of the issuance of
the Violation Tag; and
v)
any other information as may be required by the Village.
d)
Where a Violation Tag is issued pursuant to this Bylaw, the Person to
whom the Violation Tag is issued may in lieu of prosecution of the offense,
pay the Village the penalty specified in the Violation Tag.
e)
Any Person who contravenes any section of this Bylaw for a second or
subsequent time within a twelve (12) month period is guilty of a second or
subsequent offense and liable for fines as outlined in Schedule "C".
11.
VIOLATION TICKETS
a)
If the penalty specified on a Violation Tag is not paid within the prescribed
time, then a Bylaw Officer is hereby authorized and empowered to issue a
Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act,
R.S.A. 2000, P-34, as amended and repealed and replaced from time to time.
b)
Notwithstanding subsection 11(a) above of this Bylaw, a Bylaw Officer is
hereby authorized and empowered to immediately issue a Violation Ticket
pursuant to Part 2 of the Provincial Offences Procedure Act,
R.S.A. 2000, P-34, as amended or repealed and replaced from time to time,
to any Person who the Bylaw Officer has reasonable and probable grounds to
believe has contravened any provision of this Bylaw.
c)
Where a Violation Ticket has been issued to a Person pursuant to this
Bylaw, that Person may plead guilty to the offence by submitting to a Clerk of
the Provincial Court, the specified penalty set out on the Violation Ticket at
any time prior to the appearance date indicated on the Violation Ticket
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PART VI: GENERAL
12.
SEVERABILITY
Should any provision of this Bylaw be invalid, then such provision shall be severed and
the remaining Bylaw shall be maintained.
13.
EFFECTIVE DATE
Bylaw 685 is now repealed.
This Bylaw shall come into effect January 1, 2023.
FIRST READING passed in open Council duly assembled in the Village of Donalda, in the
Province of Alberta, this 22nd day of November, 2022.
SECOND READING passed in open Council duly assembled in the Village of Donalda, in the
Province of Alberta, this 20th day of December, 2022.
THIRD AND FINAL READING passed in open Council duly assembled in the Village of Donalda,
the Province of Alberta, this ____th day of _________, 2022.
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Village of Donalda
Business License Application Form
For the Year _____
Application Date:
Business Name:
Registered Owner:
Registered Owner Phone:
Registered Owner Email:
Is this a new business or transfer? No.
Yes, it's new.
Yes, it's a transfer.
If a transfer...
Previous Registered Owner:
Business Type/Description:
Business Mailing Address:
Business Physical Address:
Business Phone:
Business Email:
Business Website:
I acknowledge that my business will run under the provisions of the Village of Donalda Business License Bylaw. I
authorize that the above information is true and accurate to the best of my knowledge. I hereby authorize the
Village of Donalda and staff to disclose the above information on the village website, or verbally/in written form to
inquiries through the Village Office.
Applicant Signature
Date
*If this application is not approved, you have 30 days to file a written appeal to the Village Council to petition your
case.
OFFICE USE ONLY
Approved
Denied
Paid: $
Staff Approval
Date
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SCHEDULE "B"
LICENSE FEES
BUSINESS TYPE
FEE
Non-Resident Business
$10.00/year $50.00/year
Regular Business (operate more than six months per year)
$10.00/year $50.00/year
Home Occupation
$10.00/year $50.00/year
Temporary Business (operate less than 6 months)
$10.00/occurrence $50.00/occurrence
Circuses and other Business of this nature
$10.00/day $50.00/day
Transfer License
$10.00 $50.00
Appeal
$10.00 $50.00
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SCHEDULE "C"
PENALTIES
Section No.
Description of Offense
1sr Offense
2"0 and
Subsequent
3(a)
Operating Business without a Business
License.
$100 $250
$500
5(e)
Operating Business while
Business License is suspended
$200 $500
$500 $1000
7(d)
Failure to post Business License on
Business
$100
$200
7(f)
Failure to provide information
or documents as required by the CAO
or Bylaw Officer.
$100
$200
Any other contravention of the
Bylaw not specified
$100
$200