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BY-LAW NO. 17-01
TOWN OF FALHER
A BYLAW OF THE TOWN OF FALHER IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE
LICENSING OF ALL BUSINESSES WITHIN THE TOWN OF FALHER UNDER THE PROVINCE OF
ALBERTA MUNICIPAL GOVERNMENT ACT.
WHEREAS, pursuant to section 7(e) of the Municipal Government Act RSA 2000, a council
may pass bylaws for municipal purposes respecting businesses, business activities and
persons engaged in business; and
WHEREAS, pursuant to section 7(i) of the Municipal Government Act RSA 2000, a council
may pass bylaws for municipal purposes respecting the enforcement of bylaws made
under the Municipal Government Act or any other enactment including any or all
matters listed therein; and
WHEREAS, pursuant to section 7 (e) of the Municipal Government Act R.S.A. 2000,
Chapter M-26 and amendments thereto, the Council of the Town of Falher may pass
bylaws for municipal purposes respecting businesses, business activities and persons
engaged in business; and
NOW THEREFORE, the Council of the Town of Falher, in the Province of Alberta, duly
assembled, hereby enacts as follows:
1. TITLE
A. This bylaw may be cited as the Town of Falher Business License Bylaw.
2. DEFINITIONS
A. ACT means the Municipal Government Act, being Chapter M-26 Revised Statutes
of Alberta, 2000 as amended or replaced from time to time.
B. APPLICANT means a person who applies for a license or renewal of a license
required by this Bylaw and shall mean a person who is appealing from the refusal,
revocation or suspension of a license.
C. BUSINESS means a commercial, merchandising or industrial activity or undertaking
a profession, trade, occupation, calling or employment or an activity providing
goods and services, as described in Schedule "B" of this bylaw and whether or
not for profit and however organized or formed, including a cooperative or
association of persons.
D. BUSINESS LICENSE OFFICER means the Chief Administrative Officer, Development
Authority, Bylaw Enforcement Officer or Peace Officer for the enforcement of the
bylaw.
E. BUSINESS LOCATION means the premises used or occupied by any person in the
conduct of a business.
F. COUNCIL means the Council of the Town of Falher, elected pursuant to the Local
Authorities Act, Revised Statutes of Alberta, 1994 and amendments thereto;
G. GARAGE SALE means a sale that takes place on a residential property where that
property owner, or primary resident when referring to rental properties, directly
supervises and controls the sale.
H. LICENSE means a license issued pursuant to this bylaw.
I. LICENSE AUTHORITY see BUSINESS LICENSE OFFICER.
J. LICENSE FEE means a fee payable for a license as established by Council.
K. NON-PROFIT ORGANIZATION means a society or other entity which operates
primarily for the benefit of the public and includes, without limitation:
i)
or other religious organization;
ii)
church service club; community,
iii)
veteran's, or youth organization; and
iv)
a social, sport or fraternal club or organization.
BYLAW NO. 17-01 Page 2 of 7
L. NON-RESIDENT BUSINESS means a business which has not been established or the
principals of which have not been resident in the Town for a period of at least six
(6) months prior to the date of application for a Business License.
M. TOWN means the Town of Falher, a municipal corporation of the Province of
Alberta, and where the context so requires means the area contained within the
corporate boundaries of the said municipality.
3. PERSONS SUBJECT TO LICENSE
A. No person shall carry on any business as set out in Schedule "B" without having a
valid business license.
B. Notwithstanding any other provision in this Bylaw; a license shall not be required of
a business carried on by the Government of Canada, the Government of Alberta
or the Town of Falher, nor shall a license be required by a person or business if any
federal or provincial enactment exempts such person or business from
requirements of municipal licensing.
C. Non-resident businesses shall obtain a license.
4. EXEMPTIONS
A. No Business License is required by:
I.
a non-resident business whose only business activity is the supply or
delivery of wholesale or bulk goods to a resident business;
II.
any person who is an employee of another person who holds a Business
License or a person or other entity not required to obtain a license
pursuant to this Section 4, unless otherwise provided in this Bylaw;
III.
any person under the age of eighteen (18) years providing individual light
duty occasional services such as paper deliveries, babysitting, yard work
and snow shovelling; and
IV.
a person selling meat, fruit or other farm produce that has been raised or
grown by him/herself (ie. Farmer's Market vendor)
V.
a person holding garage sales as defined in this bylaw.
a) a maximum of 4 garage sales per calendar year may be held
from one location and for no longer than 4 consecutive days.
b) holding garage sales longer than the allotted times requires a
development permit and business license.
c) garage sale holders are liable and obligated to ensure the items
sold at a garage sale are safe and have not been recalled by the
manufacturer for the product.
VI.
any non-profit organization.
B. For the purposes of section 4.1 (b), an "employee" is a person who is paid a salary
or wage with respect to which there are deductions for any of Income Tax,
Canada Pension Plan or Employment Insurance.
5. PROCEDURE FOR ISSUANCE OF LICENSE
A. Form of Application
An applicant for a license shall make application to the Town on the prescribed
form, furnishing such information as the form shall require and such additional
information as the Town may, from time to time require, including:
i. license fee payable in respect of the business as established by Council.
B. All licenses issued are subject to the land use regulations in force in the Town and
the issuance of a license shall not be deemed as approval to carry on a business
in or on any premises in contravention of such regulations. In any case, where a
license is granted to a person to carry on a business in or on premises where such
activity is not permitted by the land use regulations of the Town of Falher, the
License Authority shall forthwith cancel the license.
C. The License Authority shall not issue a license to a hawker for the purpose of selling
food products or edibles of any nature unless and until, the food products and the
license have both been approved and a permit issued from the Environmental
Health Officer. Proof of approval must be provided by applicant to License
Authority, prior to issuance of a Business License.
BYLAW NO. 17-01 Page 3 of 7
D. No hawker who uses a vehicle in connection with sales as a hawker shall park the
vehicle adjacent to a street unless the License Authority has first approved the
location for such purpose.
6. DISPLAY AND PRODUCTION OF LICENSE
A. A Business License shall be posted in a conspicuous place at the Business location
so that it is visible to the customers of the Business.
B. A Business License issued with respect to a Business that is not conducted at a
fixed location shall be carried on the person of the Licensee or in or on the vehicle
or apparatus from which such Business is conducted and shall be shown to a
Business License Officer upon demand.
C. All Business Licenses remain the property of the Town of Falher.
7. LICENSE YEAR
A. Every 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.
B. Notwithstanding Subsection 7.1, the Town may issue a license for a special event
for the time period required or approved for the event.
C. Every license shall bear on its face the date on which it is issued and the current
year's approval sticker.
8. ISSUANCE OF LICENSES
A. No license shall be issued until the applicant has paid to the Town the fee as
established by Council.
B. The Town shall after October 31 of the license year, accept the annual fee for the
remainder of the current year and the subsequent year of a new application.
9. TRANSFER OF LICENSES
A. A subsisting license issued under this Bylaw may not be transferred to another
person.
10. HARMLESS AGREEMENT
A. Business licenses are issued on the condition that the licensee shall at all times
indemnify and save harmless the Town of Falher, as trustee for any person who
may sustain loss or damage from any neglect or any unlawful act or omission of
the person named in the license.
11. ADMINISTRATION
A. The Town shall:
i. receive, consider and decide upon all applications for a license;
ii. record such information with respect to licenses as may be considered
necessary;
iii. ensure payment of the appropriate fee; and
iv. report to the Council on licensing in such a manner and at such times as
they may require.
12. SCHEDULES
The document attached hereto and marked Schedule "A", and Schedule "B" shall
form part of this Bylaw.
13. ENACTMENT
Bylaw Number 12-05 is hereby repealed.
BYLAW NO. 17-01 Page 4 of 7
THAT this Bylaw shall come into effect on the final reading thereof.
READ a first time this ______ day of _______________________, 2017
READ a second time this ______ day of ________________________, 2017
READ a third time and finally passed this ______ day of _________________, 2017
______________________________
MAYOR
______________________________
MUNICIPAL ADMINISTRATOR
BYLAW NO. 17-01 Page 5 of 7
SCHEDULE "A"
BUSINESS LICENSE FEE SCHEDULE
Business Located on Commercial Property
$100.00 Annual*
Home Based Business/Other
$100.00 Annual*
Weekly (all)
$ 25.00 Weekly
SCHEDULE "B"
BYLAW NO. 17-01 Page 6 of 7
CLASSIFICATIONS
For the purpose of business license issuance, businesses shall be classified in one of the
following categories.
"ACCOMMODATIONS" means a bed and breakfast, apartment rentals, hotel and/or
motel, lot rentals, industrial camps.
"ADULT ENTERTAINMENT FACILITY" means premises used for the provision of any service
appealing to erotic or sexual appetites or inclinations including, without limitation, adult
mini-theatres, adult video stores and love boutiques/shops but does not include erotic
entertainment agencies and erotic entertainers.
"ALCOHOL SALES" means the selling of alcoholic beverages for consumption either on or
off the premises. Typical uses are taverns, bars, lounges or liquor stores.
"AUTOMOTIVE SERVICES" means an automotive body and paint service, repairs
automotive sales and service, automotive wrecker, automotive specialty, recreational
vehicles sales and service, snowmobile and accessories sales, mechanics, tire sales, car
rentals.
"BUSINESS SUPPORT SERVICE" means a printing, duplicating or binding services,
photographic processing, office maintenance, secretarial services, security, sales, rental
and repairs to office equipment, electronics sales, and communication services.
"CONSTRUCTION SERVICE" means lawn and landscaping services, electrical and
plumbing heating services, painting, woodworking or similar services. Janitorial services,
general contractors, heavy equipment sales and rentals, home renovations service and
storage services.
"DELIVERY/TRANSPORTATION SERVICES" means providing vehicles for the delivery or
transportation of people or goods. Typical uses include a trucking service, log haul
service, bulk fuel service and taxis.
"FIREARM/AMMUNITION DEALER" means selling, purchasing, manufacturing, importing,
exporting, repairing or altering of any firearm or ammunition.
"GAMING ESTABLISHMENT" means a facility requiring a bingo facility license or casino
facility license pursuant to the Gaming and Liquor Act.
"GENERAL RETAIL SERVICE" means a dry cleaning service, hair salon, tanning salon,
laundromat, convenience store, tailor, shoe repair, pedicures, manicures and electrolysis
service, video outlet, recycle depot, grocery store, clothing sales, fitness centre and
industrial sales.
"GENERAL CONTRACTOR" means any person or business engaged in construction,
building trades or construction project management that is under contract to develop or
build any capital projects.
"HAWKER or PEDDLER" means the business of selling or offering merchandise and food
products for sale.
"HAWKER, NON-FOOD PRODUCTS" means a business of selling or offering for sale goods,
where the salesman offers for sale, solicits, negotiates or concludes the sales or
agreements in person at the buyer's residence or place of employment, as a home
occupation or elsewhere than the sellers permanent place of business, whether by
merchandise, samples, cards, specimens, demonstrations or parties of any kind.
"HOME BUILDERS" means manufactured home sales and service, mobile home sales, a
residential developer, or contractor.
"HOME BASED BUSINESS" means a home occupation, direct sales, and home office
business carried on by an occupant of a residence.
"LOCKSMITH" means any person who operates the business of providing locks, keys or
safes and services thereto.
"MAJOR BUSINESS" means production and sales of lumber, OSB sales, oilfield sales and
service.
"MASSAGE THERAPIST" means a person who administers or offers to administer a massage
for a fee who has obtained a certificate of proficiency in massage and is a member in
good standing of an association of massage therapists in Alberta.
BYLAW NO. 17-01 Page 7 of 7
"NON-PROFIT ORGANIZATION" means a society established under the Societies Act, a
company incorporated under Part 9 of the Companies Act, or a corporation
incorporated under Part II of the Canada Corporations Act.
"PAWN BROKER" means receiving goods held as security for an advance of money.
"PET SERVICES" means pet supplies, pet sales, boarding of animals, grooming and pet
shop.
"PUBLIC MARKET" means a facility used on a temporary basis by a number of vendors for
the sale of agricultural products and crafts.
"PROFESSIONAL SERVICES" means providing services for such as but not limited to
accounting, architectural, auctioneer, employment, engineering, insurance, travel
agent, investment, legal, real estate, financial institutions, utility companies, vet services,
health services, optometrist.
"RESTAURANTS" means food services that may include the sale of alcohol with a meal
and must meet provincial requirements.
"SPECIAL EVENTS" means carnivals, circuses, indoor rodeo events, commercial or
industrial fairs or similar events that are held for a short period of time.
"TATTOOIST/BODY PIERCER" means a person or business that provides or offers to provide
tattooing or body piercing which may include piercing of the ears.