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Bylaw # 449/11
Village of Duchess
A Bylaw of the Village of Duchess, providing for the licensing and
regulating of certain businesses, callings, trades and occupations.
Where as under the Municipal Government Act, RSA 2000, Chapter M-26,
Council may pass Bylaws for Municipal purposes, and whereas Section 63
of Chapter M-26 of the Municipal Government Act allow for the repeal of
Bylaws, therefore be advised that Bylaw 257 and all amendments to it are
repealed.
Part 1
Short Title and Definitions
This Bylaw shall be known and may be cited as the Licensing Bylaw of the
Village of Duchess.
In this Bylaw, unless the context otherwise requires:
A. License Inspector-Shall mean a person is appointed by resolution of
Council as a License Inspector for the Village of Duchess or any one
authorized to act on his behalf.
B. Business-Includes business, trade, profession, industry, occupation,
employment or calling and the providing of goods and services.
C. Person-Includes a Corporation or Partnership.
D. Resident-Means an person who has established a permanent place of
residence in the Village of Duchess within six (6) months prior to an
application for a license.
E. Premises-Includes a store, office, warehouse, factory, building
enclosure, yard or other place occupied or capable of being occupied
for any purpose.
F. Agent-Meaning a person acting or doing business for another person
or company.
G. Hawker or Peddler-Means a person not being a body corporate and
who whether as principal or agent;
1. goes from house to house selling or offering for sale
any merchandise to any person, and who is not a
wholesale or retail dealer in such merchandise with a
permanent place of business in the Village of Duchess.
2. offers or exposes for sale to any person by means of
samples, patterns, cuts or blueprints, merchandise to be
afterward delivered in or shipped into the Village of
Duchess.
3. sells merchandise on the streets or roads or elsewhere
that at a building that is his permanent place of
business,
H. Transient Business-Means any person who does not ordinarily
maintain within the Village of Duchess a permanent place of business
and who is not liable for a business tax in respect thereof, and who, as
a principal or agent, buys or offer to buy direct from the producer
thereof any merchandise or service or both or offers to sell to the
consumer any merchandise or service or both.
I. Pawnbroker-Shall mean and include any person who carries on the
business of receiving or taking by way of pawn or pledge, any
personal property of the payment of money loaned thereon.
J. Home Occupation-Means a trade, profession or craft carried on by a
person who is an occupant of a resident building as a use secondary to
the resident of the building.
1. No home occupation shall be granted a license without
first receiving approval from the Village of Duchess
Council.
K. Tradesmen-Shall mean any person who undertakes as principal sub-
contractor to do, provide, or carry on, within the limits of the Village
of Duchess, any of the following trades or occupations:
The erection, addition, alteration, improvement, repair, renovation,
excavation for, paving for, enlargement, demolition, the roofing,
tiling, the laying or sanding of floors, concrete work, or masonry of,
on or to any building or structure, within the Village of Duchess, and
the installation, repairing, alteration, extending or removing of any
heating, gas fitting, steam fitting, plumbing, sheet metal, lighting,
electronic, electrical air conditioning, refrigerating or other fixture,
apparatus, appliance or thing, in, on or about any building or structure
within the Village of Duchess.
Provided that for the purpose of this section, the following shall be
considered to be one trade.
1. Heating and sheet metal
2. Gas fitting and steam fitting
3. Plastering and lathing and preparation of works for stuccoing, and
stuccoing and drywall plastering
4. Air conditioning and refrigeration
5. Painting, decorating and paper hanging
L. General Contractor-Shall mean and include any person, company or
firm who normally accepts contracts as principal or sub-contractor in
the Village of Duchess, in the erection, construction, alteration, repair
or demolition of any building or structure.
M. Appointment, Authority and Duties of License Inspector
1. The Council of the Village of Duchess shall appoint a
License Inspector and such assistants as may be
required to carry out the provisions of this Bylaw.
2. The responsibility of a License Inspector are;
a. To receive and deal with all applications for
a license and transfers thereof,
b. To consider and approve or refuse an
application for a license,
c. To record such necessary information and
details with respect to licenses as may be
required by the Village of Duchess,
d. To periodically visit and inspect all premises
licensed by the Village of Duchess, for the
purpose of ascertaining whether the person
licensed is complying with the provisions of
the Bylaw governing such licenses or
premises,
e. To issue a license on payment of appropriate
fees,
f. To diligently prosecute violators and
infractions of this Bylaw.
N. Inspection of the Village Licensed Premises
The License Inspector or duly authorized person may enter all
buildings and premises at all reasonable times for the purpose of
administering or enforcing this Bylaw.
Part 2
General Provisions
A. No person shall, within the limits of the Village of Duchess,
carry on, or be engaged in any business, unless he has paid
the prescribed fee as set out in Schedule A, which form part
of the Bylaw, and holds a valid and subsisting license,
issued pursuant to the provisions of this Bylaw.
Provided that when a person carries on two or more trades
or occupations, double the license fee shall be charged.
B. Persons granted licenses under this Bylaw shall conform to
all regulations and terms herein specified and be subject to
the inspection at all times by any duly authorized officer of
the Village of Duchess.
C. Every license issued this Bylaw shall be made out and
delivered or mailed to the Licensee, who shall post same in
a conspicuous place on his business premises and whenever
required to do so by the Municipal Administrator, License
Inspector, Police Officer or any duly authorized person,
shall produce the license for inspection purposes.
D. Every license granted under the provisions of this Bylaw
shall terminate on the 31st day of December in the year in
which the said license was issued, unless expressly stated
for a shorter period or the license has been sooner cancelled
or forfeited.
E. No rebate shall be allowed or granted to any Licensee or his
assignee in respect to the forfeiture of a license, or on
account of the non-usage of the rights and privileges thereby
granted or for any other cause.
F. Licenses issued under this Bylaw shall not be transferred
except to a person who at the same time purchases the
business in respect of which the license was issued.
G. All applications for licenses shall be made in writing to the
Office of the License Inspector on a form provided, giving
such information and particulars as requested thereon.
H. No license shall be issued to a person under the provisions
of the Bylaw in a case where a Provincial License is
required, unless such person is a holder of the required
Provincial License.
I. All fees shall be shown in Schedule A attached hereto.
J. The Council may, upon the recommendations of the
Municipal Administrator, License Inspector, or Building
Inspector, at any time revoke or suspend any license issued
under the provisions of this Bylaw for failure to comply
with any health, safety or other regulations or codes of
Alberta or Canada. Violations reported by the Health Unit,
Fire Chief or Police will be taken as prima facie evidence in
considering the revocation of license.
K. All established businesses must purchase their licenses by
no later than January 31 in the year in which the license is
applicable. Businesses failing to do so will be subject to a
late payment penalty as of February 1st.
L. All penalties or fines are listed on Schedule A, The Fee
Schedule.
.
M. Any person violating any of the provisions of this Bylaw or
any other person responsible for such a violation shall be
liable on summary conviction before a Magistrate or any
Justice of the Peace having jurisdiction therein, to a penalty
not exceeding Five Hundred Dollars ($500.00), exclusive of
cost, imposed, to imprisonment for any period no exceeding
thirty (30) days unless such fine and costs, including the
costs of committal are sooner paid
N. All exemptions shall be listed in Schedule B
O. License Application form shall be known as Schedule C
This Bylaw shall come into force on the date of the final passing
Introduced and read in council for the first time
______________________2011.
Read in council for the second time ____________________2011.
Read for the third time in council and passed
______________________2011.
_______________________________
Mayor Tony Steidel
_______________________________
CAO
Business License Application Form
Schedule C
Village of Duchess
Date
Received_____________
PO Box 158
New/Renewal______________
Duchess, Alberta
Fee Submitted______________
T0J 0Z0
License # _________________
403-378-4452
Business Name ________________________________________
Type of Work _________________________________________
Mailing Address _______________________________________
Civic Address _________________________________________
Business Telephone ____________________________________
Owner or Contact Person ________________________________
Telephone _________________Work __________________Cell
____________
Fee Schedule
Resident $50.00
Non-Resident $85.00
Home Occupation $30.00
The annual license fee runs on a calendar year from January 1st -
December 31st.
Fees affecting the Business License Bylaw
Schedule A
Under the authority of and subject to the provisions of Section 63(1),
Chapter M-26 of the Municipal Government Act, the Council of the
Village of Duchess duly enacts:
Schedule A of the said Bylaw shall contain the following fees:
$30.00 for all Home Occupations
$50.00 for all other Businesses within the Village of Duchess limits
$85.00 for all Transient Businesses
$85.00 for all Non Resident Businesses
A late fee of $30.00 may be applied after 30 days.
The rates are for a calendar year basis.
The date on which the fees become effective is January 1st, 2011
Exemptions to the Business License Bylaw
Schedule B
-Children
-Craft Fair