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CITY
OF
FORT SASKATCHEWAN
CITY OF FORT SASKATCHEWAN
BUSINESS LICENCE BYLAW
Cl0-23
WHEREAS, under the provisions of the Municipal Government Act, a council may pass bylaws
respecting Business, Business activities, and persons engaged in Business, and provide for a
system oflicensing including any or all of the matters listed therein;
NOW THEREFORE, the Council of the City of Fort Saskatchewan in the Province of Alberta,
enacts as follows:
This Bylaw is cited as the City of Fort Saskatchewan ·'Business Licence Bylaw".
1.
DEFINITIONS
In this Bylaw:
(a)
'·Advertise" means any public notice, such as, but not limited to:
(i)
a poster, a placard, a flyer;
(ii)
a sign, including an inscribed board, structure, or device servrng for
advertising without being limited to free-standing signs, portable signs,
electronic message sign, or banners;
(iii)
a newspaper display;
(iv)
a television or radio announcement designed to sell goods or publicize a
service or vacancy;
(v)
an internet or email display; or
(vi)
a display delivered to mobile devices.
(b)
"Application" means a written or electronic application for a Business Licence, as
provided for by this Bylaw.
(c)
"Applicant" means a person who applies for a licence or for renewal of a licence.
(d)
"Business" means:
BylawCI0-23
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(i)
a commercial, merchandising, or industrial activity or undertaking;
(ii)
a profession, trade, occupation, calling, or employment; or
(iii)
an activity providing goods or services;
whether or not for profit and however organized or formed, including a co-operative
or association of persons.
(e)
"Business Licence" means a licence
issued pursuant to
this
Bylaw.
(f)
"Business Licence Fees" means the fees, rates and charges established for
businesses in the Fees and Charges Bylaw.
(g)
"Business Licence Inspector" means a person authorized by the City Manager to
carry out the provisions of this Bylaw or anyone acting on his behalf.
(h)
"Business Premises" means a store, office, dwelling, warehouse, factory, building,
enclosure, yard, or other place occupied or capable of being occupied by any person
for the purpose of engaging in or operating any Business.
(i)
"City" means the City of Fort Saskatchewan, a municipal corporation in the
Province of Alberta, and includes the area contained within the boundaries of the
City of Fort Saskatchewan where the context requires.
(i)
'-City Council" means the municipal Council of the City of Fort Saskatchewan.
(k)
"City Manager" means the City Manager of the City of Fort Saskatchewan or
anyone designated by the City Manager to act on their behalf.
(1)
"Dwelling" means a complete building or self-contained portion of a building used
by a household, containing sleeping, cooking and sanitary facilities, intended as a
permanent residence and having an independent entrance either directly from the
outside of the building or through a common area inside the building.
(m)
"Farmers' Market" means a multi-vendor organization in which at least 80% of the
vendors sell goods that such vendor has made, baked, or grown within Alberta, and
which is currently recognized by Alberta Agriculture, Food, and Rural
Development as either a "full" or "temporary" status Farmers' Market.
(n)
"Garage Sale" means an informal, irregularly scheduled sale of miscellaneous
household goods by a private individual from a dwelling for a maximum of three
(3) consecutive days.
(o)
"Land Use Bylaw" means the Land Use Bylaw of the City of Fort Saskatchewan.
Bylaw CI0-23
Page 3
(p)
"Licensee" means a person who holds a valid Business Licence issued pursuant to
the provisions of this Bylaw.
(q)
·'Mobile Vending Unit" means any motor vehicle, trailer, temporary structure,
display or stand not permanently affixed to land used to assist in the selling and
distribution of goods and/or services.
(r)
"Mobile Vendor" means any individual, business, corporation or organization
selling goods and/or services from a Mobile Vending Unit.
(s)
·'Municipal Tag" means a tag or similar document issued by the City, pursuant to
the Municipal Government Act (MGA), for the purpose of notifying a person that
an offence has been committed for which prosecution may follow.
(t)
"Non-profit Organization" means any incorporated or unincorporated organization
formed for charitable purposes and not organized for profit or personal gain,
including purposes which are of a philanthropic, benevolent, educational, health,
humane, religious, cultural, artistic, or recreational nature.
(u)
"Non-resident Business" means a Business which operates, in whole or in part,.
within the City's corporate limits, but which does not maintain a permanent
Business Premises within the City's corporate limits.
(v)
'·Order" means a written order pursuant to the MGA, to remedy a contravention of
this Bylaw.
(w)
"Peace Officer" means a Bylaw Enforcement Officer, a Community Peace Officer,
or a member of the Royal Canadian Mounted Police.
(x)
"Person" means an individual, sole proprietorship, corporation, partnership, joint
venture, co-operative or society.
(y)
"Public Market" means a Business which provides stalls, tables or space for
temporary rent to Temporary Vendors who sell their goods and service directly to
the public.
(z)
"Resident Business" means a Business which maintains a permanent Business
Premises within the City's corporate limits.
(aa)
"Special Event" means a temporary outdoor event including, but not limited to,
festivals, parades, sport, recreation, or cultural activities, which does not exceed
fourteen (14) consecutive days in duration, which would have a significant impact
on the public, and which may include Temporary Vendors.
Bylaw CI0-23
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(bb)
··subdivision & Development Appeal Board" means the Board established pursuant
to the MGA.
(cc)
"Student" means any person enrolled m full time studies at a post-secondary
institution.
(dd)
"Temporary Vendor" means a Business that sells goods or services for a limited
period of time from a temporary location on public or private property within the
City's corporate limits.
(ee)
"Violation Ticket" means a Violation Ticket as defined in the Provincial Offences
Procedure Act.
2. BUSINESS LICENCE REQUIREMENTS
(a)
No person shall engage in or operate a Business in the City unless the person holds
a Business Licence authorizing them to engage in or operate that Business.
(b)
A Person who engages in or operates a Business at more than one location, shall
only be required to hold one Business Licence provided the Business is offering the
same goods and/or services or undertaking the same activity.
(c)
A Person who engages in or operates more than one Business at the same location
shall be required to obtain a separate Business Licence for each Business unless as
provided for in Subsection 2(b).
(d)
Two or more Businesses may operate at one Business Premises, but each Business
shall obtain a separate Business Licence.
( e)
Any Advertising of a Business shall be deemed to be proof that the person
advertising is engaging in or operating any such Business.
(f)
Proof of one transaction or offer to transact in a Business is sufficient to establish
that a person is engaging in or operating a Business.
3. EXEMPTIONS
(a)
The following are exempt from obtaining a Business Licence:
(i)
the Crown in right of Canada;
(ii)
the Crown in right of Alberta;
(iii)
a Crown corporation;
Bylaw Cl0-23
Page 5
(iv)
the City of Fort Saskatchewan;
(v)
an active member of an association registered under the Professional and
Occupational Associations Registration Act;
(vi)
a regulated member or a Business owned by a regulated member under the
Health Prc?fessions Act;
(vii)
a person whose Business is specifically exempt from municipal licensing
by provincial or federal legislation;
(viii)
a person under the age of 18 providing occasional light duty services and
labor as an individual: and
(ix)
a Student.
(b)
A Non-profit Organization may apply to the Business Licence Inspector for an
exemption from the Business Licence fees. All applications shall be submitted in
writing and may include the following information:
(i)
name of the organization;
(ii)
purpose of the organization;
(iii)
organizational structure;
(iv)
a Confirmation of Registration, a charity registration number, or other
government authorization;
(v)
description of the activities that will be undertaken within the City.
( c)
Subsection 3(b) does not relieve the Non-profit Organization from otherwise
complying with the terms of this Bylaw, or any other Bylaw of the City, or any
other government authority.
(d)
No Business Licence is required for a Garage Sale when held at a dwelling or
residential premises and when held for three (3) consecutive days or less.
( e)
The onus of proof for exemption from the provisions of this By law is on the person
alleging the exemption.
4. APPLICATION
Bylaw C 10-23
Page 6
(a)
Prior to issuance of a Business Licence, an Applicant shall obtain and produce for
the Business Licence Inspector:
(i)
an application in a form established by the Business Licence Inspector;
(ii)
payment of Business Licence fees; and
(iii)
any additional information required by the Business Licence Inspector.
(b)
Prior to issuance of a Resident Business Licence, an Applicant shall obtain and
produce, for the Business Licence Inspector, proof of a valid and subsisting
Development Permit for the Business premises.
( c)
An Application for a new, renewal or transfer of Business Licence shall be made
by \VTitten or electronic means to the City's Economic Development Department.
(d)
A Business Licence application for any Business shall be made by the owner of the
Business or an agent of the owner.
(e)
An Applicant must be at least eighteen (18) years of age.
(t)
A Business Licence does not relieve the Licensee from the obligation to obtain any
other permit, licence or other approval that may be required under another Bylaw
of the City or any other government authority.
(g)
A person shall not give false information in an application pursuant to the
provisions of this Bylaw.
5. BUSINESS LICENCE FEES
(a)
Business Licence Fees are set out in the City's Fees and Charges Bylaw.
(b)
Fees for a new Business Licence may be reduced pro rata on a quarterly basis, as
set out in the Fees and Charges Bylaw.
(c)
A Business who has held a Business Licence at any time prior to renewal 1s
ineligible for pro rata rates as stated in Subsection 5(b).
(d)
An application for a Business Licence will not be considered by the Business
Licence Inspector until the Applicant pays any required Business Licence Fees.
(e)
Unless otherwise specified in this Bylaw, Business Licence fees are not refundable.
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(t)
The Business Licence Inspector may refund a Business Licence fee if the Business
Licence is not issued or renewed.
6. TERM OF BUSINESS LICENCE
(a)
A four ( 4) month Seasonal Business Licence issued under the provisions of this
Bylaw is valid effective the date issued and for 1 :20 consecutive days.
( b)
Every Business Licence that is not a Seasonal Business License issued under the
provisions of this Bylmv shall expire at 11 :59:59 PM on the 31 '1 day of December
of the year in which said Business Licence was issued, unless the Business Licence
has been cancelled or forfeited earlier.
7. RENEWALS
(a)
A Licensee that fails to renew their Business Licence prior to the end of the term
shall construe their Business to have ceased operation and their licence shall be
deemed to be expired.
(b)
Where a Business Licence has expired and the Business is still in operation, the
person is guilty of an offence under this Bylaw.
(c)
Full payment of the Business Licence fee is required for renev,al.
(d)
A person v.hose Business Licence has expired will be required to submit a new
application to obtain a Business Licence.
8. POWERS OF THE BUSINESS LICENCE INSPECTOR
(a)
The City Manager may appoint a Business Licence Inspector to carry out the
provisions of this Bylaw.
(b)
If the City Manager does not appoint a Business Licence Inspector, the City
Manager is deemed to be the Business Licence Inspector.
(c)
The Business Licence Inspector may delegate any duty or responsibility of the
Business Licence Inspector to an employee or agent of the City.
(d)
The Business Licence Inspector shall receive and consider applications to operate
a Business within the City, including the power to consult with, obtain information
from, and verify information with other employees or agents of the City, other
governments, government agencies, or persons.
(e)
The Business Licence Inspector shall consider each complete application.
Bylaw CI0-23
Page 8
(f)
The Business Licence Inspector shall grant a Business Licence to an Applicant if
the Applicant meets the requirements of this Bylaw.
(g)
The Business Licence Inspector has the right to refuse to issue or renew a Business
Licence, may suspend or revoke a Business Licence, and may impose conditions
on a Business Licence for the following reasons:
(i)
The Applicant, or Licensee, or any of his agents or employees:
1.
furnishes false information within an application:
11. furnishes false information or misrepresents any fact or circumstance to
the City:
111. does not meet the requirements of this Bylaw with respect to the
Business Licence applied for or held:
1v. breaches a condition of the Business Licence:
v. breaches a condition of the Development Permit:
v1. fails to pay any fee required by this or any applicable bylaw; or
v11.
fails to pay a fine imposed by a court for a contravention of this Bylaw.
(ii)
in the op11110n of the Business Licence Inspector. based on reasonable
grounds, it is in the public interest to do so.
(h)
Subject to subsection 7 (g), the Business Licence Inspector may refuse to re-instate
a revoked or suspended Business Licence if the reasons for revoking or suspending
the Business Licence have not been satisfied.
(i)
The Business Licence Inspector may carry out inspections of a Business Premises
to ensure the operation complies with this Bylaw.
(j)
The Business Licence Inspector may establish forms for the purpose of this Bylaw.
9. POWERS OF THE PEACE OFFICER
(a)
The City Manager may appoint a Peace Officer to enforce the provisions of this
Bylaw.
(b)
The Peace Ofiicer may carry out inspections of a Business Premises to ensure the
operation complies with this Bylaw.
Bylaw CI 0-23
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(c)
The Peace Office may issue a Municipal Tag, as established by this Bylaw, to any
Person who is in contravention of this Bylaw.
10. NOTICE
(a)
The City may provide written notice in any case where:
(i)
an application has been refused;
(ii)
a Business Licence has been revoked or suspended;
(iii)
conditions are applied to a Business Licence;
(iv)
a Business Licence has expired; or
(v)
payment of a Business Licence fee is required.
(b)
Written notice may be provided:
(i)
by mail to the persons' place of business or residence, as shown on their
Business Licence or application:
(ii)
by delivery to them personally; or
(iii)
by electronic mail as shown on their application.
11. CANCELLATION, SUSPENSION AND REVOCATION
(a)
Any Business Licence may be cancelled, on condition that a wTitten notice is
provided to the Business Licence Inspector.
(b)
A Business Licence may be immediately suspended or revoked when any required
certificate, licence, permit or other document of qualification, issued by the
municipal, provincial or federal government. is terminated, suspended or
surrendered.
( c)
A Business Licence may be refused, suspended, or revoked when the Business is
in contravention of municipal bylaws, and/or provincial and federal legislation.
(d)
A Business Licence may be refused, suspended, or revoked when the Business is
in arrears to the City.
Bylaw CI0-23
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(e)
Where a Business Licence has been suspended by the Business Licence Inspector,
the Licensee may not operate until such time as their Business Licence has been
reinstated.
(t)
Where a Business Licence has been revoked by the Business Licence Inspector, a
person may not operate until such time as a new Business Licence is issued.
12. PROOF OF LICENCE
(a)
The onus of proving that a person has a valid and subsisting Business Licence for
a Business shall be on the person alleging the Licence.
13. TRANSFER OF BUSINESS LICENCE
(a)
Unless otherwise provided herein, any subsisting Business Licence issued under
this Bylaw may be transferred, upon application to the Business Licence Inspector
and payment of the prescribed fees, provided that the Applicant has the required
qualifications and furnishes legal documentation releasing the rights and interests
of the previous owner.
14. RESPONSIBILITIES OF THE LICENSEE
(a)
A Licensee shall forthwith notify the Business Licence Inspector in writing of:
(i)
a change in the name of the Business;
(ii)
a change in the address or phone number of the Licensee's Business
Premises;
(iii)
a change in ownership of the Business;
(iv)
a change in the partners of the Business if the Business Licence is issued to
a partnership; or
(v)
a change in the officers or directors of the corporation if the Licence is
issued to a corporation.
(b)
A Licensee shall be responsible for producing their Business Licence forthwith
upon demand by the Business Licence Inspector or a Peace Officer.
( c)
A Licensee shall be responsible for obtaining any required certificates, licences or
permits legislated by the municipal, provincial, or federal governments.
Bylaw CI0-23
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(d)
A Licensee shall be responsible for the act or acts of his agents or employees in the
operation of the Business in the same manner and to the same extent as though the
act or acts were done by the Licensee.
( e)
A Licensee shall be responsible for renewing their Business Licence prior to the
end of the term.
15. FARMERS' MARKETS
(a)
The Business responsible for operating a Farmers' Market shall submit to the
Business Licence Inspector proof of membership in the Alberta Approved Farmers'
Market Program administered by Alberta Agriculture and Rural Development.
( b)
A Business Licence for a Business operating a Farmers' Market is valid for
Temporary Vendors operating within the Farmers' Market, while the Farmers'
Market is in operation.
16. MOBILE VENDORS
(a)
Any Business operating as a Mobile Vendor shall obtain a valid Business
Licence.
(b)
A Business operating as a Mobile Vendor which is on public property shall obtain
all necessary permits and enter into an agreement with the City under the Mobile
Vendor Policy.
(c)
A Business operating as a Mobile Vendor which is on private property shall
comply with the Land Use Bylaw and obtain all necessary permits.
17. PUBLIC MARKETS
(a)
The Business responsible for operating a Public Market shall obtain a valid
Business Licence.
(b)
A Business Licence for a Business operating a Public Market is valid for Temporary
Vendors operating within the Public Market, while the public market is in
operation.
(c)
The Business responsible for operating a Public Market shall obtain and keep a
written record of each Temporary Vendor's:
(i)
Legal" Business name;
Bylaw CI0-23
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(ii)
Owner's address;
(iii)
Owner's name:
(iv)
Owner's phone number:
(v)
Required certificates, licences and permits legislated by municipal,
provincial, or federal governments.
18. SPECIAL EVENTS
(a)
A Business operating a Special Event which is held outdoors on public property
shall comply with the Land Use Bylaw and obtain all necessary permits, including,
but not limited to an Outdoor Special Event Permit.
(b)
A Business operating a Special Event which is held outdoors on private property
shall comply with the Land Use Bylaw and obtain all necessary permits.
( c)
A Business Licence for a Business operating a Special Event is valid for Temporary
Vendors operating within the Special Event while the Special Event is in operation.
(d)
A Business operating a Special Event shall obtain and keep a written record of each
Temporary Vendor's:
(i)
Legal Business name;
(ii)
Owner's address:
(iii)
Owner's name:
(iv)
Owner's phone number;
(v)
Required certificates, licences and permits legislated by the municipal,
provincial, federal governments.
19. ENFORCEMENT
(a)
Any person who is in contravention of this Bylaw is guilty of an offence.
(b)
In the case of an offence that is of a continuing nature, a contravention constitutes
a separate offence in respect of each day, or part of a day, on which it continues
By law CI 0-23
Page 13
and a person guilty of such an offence is liable to a fine in an amount that is
established by this Bylaw for each such day, or part of a day.
(c)
For the purpose of this Bylaw, an act or omission by an employee or agent ofa
person is deemed also to be an act or an omission of the person, if the act or
omission occurred in the course of the employee's employment with the person.
or in the course of the agent exercising the powers or performing the duties on
behalf of the person under their agency relationship.
(d)
When a corporation commits an offence under this Bylaw, every principal,
director, manager, employee or agent of the corporation who authorized the act or
omission that constitutes the offence, or assented to, or agreed to. or participated
in the act or omission that constitutes the offence, is guilty of the offence.
(e)
If a partner in a partnership is guilty of an offence under this Bylaw. each partner
in that partnership who authorized the act or omission that constitutes the offence,
or assented to, or agreed to, or participated in the act or omission that constitutes
the offence, is guilty of the oftence.
(t)
A Licensee shall permit a Peace Officer to enter and inspect any Business
Premises, as specified in section 542 of the Municipal Government Act for the
purpose of determining compliance with this Bylaw.
20. FINES AND PENALTIES
(a)
Any person who is in contravention of this Bylaw is guilty of an offence and is
subject to receive a Municipal Tag in the amount of $300.00 for the first offence.
(b)
A person who is guilty of a subsequent offence within a period of twelve (12)
months is subject to receive a Municipal Tag or Violation Ticket, which is double
the amount of the previous offence.
(c)
A person who is guilty of an offence, upon summary conviction in provincial
court, is subject to a penalty not to exceed ten thousand dollars ($10,000.00).
exclusive of costs for breach thereof~ or in a case of non-payment of the fine, or
for the imprisonment of not more than six months for non-payment of a fine, as
per the MGA.
(d)
If in the event during prosecution for an offence, proof of a valid Business
Licence is required, the person charged with the offence shall bear the burden of
responsibility to provide proof that they were in possession of a valid Business
Licence at the time of the offence.
Bylaw CI0-23
Page 14
(e)
In a prosecution for a contravention of this Bylaw against engaging in or
operating a Business without a Business Licence, 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 a Business.
21. INTERPRETATION
(a)
If any portion of this Bylaw is declared invalid by a court of competent
jurisdiction, the invalid portion must then be severed and the remainder of the
Bylaw is deemed valid and enforceable.
(b)
All references in this Bylaw will be read with such changes in number and gender
as may be appropriate, and references shall be read as a corporation or
partnership, and pronouns shall be deemed to not be gender specific.
(c)
The insertion of headings is for convenience of reference only and shall not be
construed so as to affect the interpretation or construction of this Bylaw.
(d)
Wherever the provisions of this Bylaw are, or are deemed to be in at variance with
each other, the more restrictive of the two provisions shall apply.
(e)
Any reference in this By law to provisions of statute, rules or regulations, shall be
deemed to include references to such provisions as amended, modified or re-
enacted from time to time.
(f)
Nothing in this Bylaw relieves any person from compliance with any other bylaw
or applicable federal or provincial law, regulation or enactment.
22. EFFECTIVE DA TE
(a)
This Bylaw becomes effective upon third and final reading, and has been duly
signed.
23. REPEAL OF BYLAWS
(a) Upon third reading of Bylaw C 10-23, Bylaw C20-22 and all amendments thereto are
hereby repealed.
BylawCI0-23
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READ a first time in Council this
READ a second time in Council this
READ a third time in Council this
24
24
24
day of
October
day of October
day of October
~
~
Mayor
2023.
2023.
2023.
Date Signed: October 14, 1013