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TOWN OF HANNA
PROVINCE OF ALBERTA
BY-LAW NO. 977-2015
A BY-LAW OF THE TOWN OF HANNA, FOR THE PURPOSE OF PROVIDING
FOR
THE
LICENSING
AND
REGULATION
OF
CERTAIN
BUSINESSES,
OCCUPATIONS, AND PROPERTIES WITHIN THE TOWN OF HANNA, IN THE
PROVINCE OF ALBERTA.
WHEREAS the Municipal Government Act, being Chapter 26 of the Revised
Statutes of Alberta, 1994, as amended, provides for the passing of Bylaws to license and
regulate certain businesses within a municipality;
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE TOWN OF HANNA,
IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED HEREBY ENACTS AS
FOLLOWS:
PART l
BYLAW TITLE
1.
This Bylaw may be cited as "The Business License Bylaw".
PART ll
DEFINITIONS
1.
In this Bylaw unless the context otherwise requires:
a)
"Act" means the Municipal Government Act, Chapter M-26, R.S.A., 1994
as amended or replaced from time to time.
b)
"Applicant" means a person who applies for a license.
c)
"Business" includes business, trade, profession, industry, occupation,
employment or calling and the providing of goods and services.
d)
"Carry on" means carry on, operate, perform, keep, hold, occupy, deal in
or use, whether as principal, agent, contractor or sub-contractor but shall
not include:
i.
the sale of goods, wares and merchandise to businesses licensed
under
this
Bylaw
where
such
goods,
wares
and
merchandise are purchased for the exclusive purpose of resale
and not consumption;
ii.
the delivery of goods, wares and merchandise purchased outside
of the corporate limits of the Town provided that the contract for
purchase for such goods, wares or merchandise was not made in
whole or in part within the corporate limits of the Town
Town of Hanna
Bylaw 977-2015
Page 2
e)
"Charitable or nonprofit 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 and includes but is not limited to:
i.
a religious society or organization; a service club, a community,
veterans' or youth organization, a social, sport or fraternal
organization or club; an employer's or employee's organization
f)
"Commercial" means any business, which is carried on from premises
assessed on the Town assessment roll as non-residential and such
business either owns or rents such premises.
g)
"Council" means the Municipal Council of the Town of Hanna
h)
"Esthetics service" means applying make-up, providing facials, manicures
or pedicures and removing hair by waxing.
i)
"Fee" means license fees for use with this Bylaw as set from time to time
by resolution of Council
j)
"Home Based Business" means a business carried on as a secondary
use of a dwelling unit and/or its accessory buildings, by at least one of the
permanent residents of such a dwelling.
k)
"License" means a license granted by the Town of Hanna entitling the
person to whom it is granted to carry on business therein specified in the
Town of Hanna.
l)
"Licensee" means a person holding a valid and subsisting license issued
pursuant to the provisions of this Bylaw.
m)
"Licensing Inspector" means the person so appointed by the Council.
n)
"License Year" means the period commencing January 1st and ending on
December 31st of the same calendar year.
o)
"Manager" means the Chief Administrative Officer of the Town of Hanna.
p)
"Non Assessed" shall mean any business, which is carried on within the
corporate limits of the Town, and does not fall under the residential or
commercial definitions of this Bylaw. This includes but is not limited to
Contractors and Hawkers & Peddlers.
q)
"Peace Officer" means any member of the Royal Canadian Mounted
Police, a Special Constable, or Bylaw Enforcement Officer so appointed
by the Council.
r)
"Person" means a natural person or a body corporate and includes a
partnership, group of persons acting in concert or an association unless
the context explicitly or by necessary implication otherwise requires.
Town of Hanna
Bylaw 977-2015
Page 3
s)
"Personal service" means the following services:
a.
Body or ear piercing;
b.
Removing hair by electrolysis
c.
Esthetics services (defined above in subsection h)
d.
An undertaking set out in section 2 of the Hairstylist Trade
Regulation, other than facial treatment;
e.
Tattooing.
t)
"Premises" means either land or building located within the corporate
boundaries of the Town and shown on the assessment roll of the Town.
u)
"Residential" means a business which is carried on from a premises
assessed on the Town assessment roll as residential and such business
either owns or rents such premises
v)
"Town" means the Town of Hanna.
w)
"Special Event" means activities, occurring in the Town which are open to
or intended to attract the general public and include the selling of goods
or services for purposes of financial gain. Examples include Farmers'
Markets, other markets, trade fairs, for-profit concerts. This does not
include fundraising events.
PART lll
LICENSE INSPECTOR
1.
Council shall appoint a License Inspector to carry out the terms of this Bylaw.
2.
The powers and duties of the License Inspector are:
a)
to receive and deal with all applications for licenses.
b)
to conduct investigations with regards to proposed Applications, where
necessary.
c)
to collect business license fees pursuant to this Bylaw
d)
to conduct inspections of business premises where necessary;
e)
to refuse or grant business licenses where deemed appropriate;
f)
to revoke business licenses where deemed appropriate and necessary;
g)
to prosecute violations and infractions of this Bylaw;
h)
to prepare an application form for use with this Bylaw, which must be
approved by the Manager
Town of Hanna
Bylaw 977-2015
Page 4
PART lV
NECESSITY FOR LICENSE
1.
No person shall carry on a business in the Town without having first obtained a
license in accordance with this Bylaw, unless specifically exempted by Provincial,
Federal law or Municipal Bylaw.
2
A person owning and/or operating two or more businesses in separate locations shall
obtain a license for each such business.
3.
Where more than one business is conducted from a single location the License
Inspector may require a separate business license for each business if he deems that
different individuals or corporations operate the business.
4.
No person shall allow or permit any employee, representative or agent to carry on
business on their behalf in the Town until such person has obtained a license in
accordance with this Bylaw.
5.
A Business shall not be required to be licensed if:
a.
The business is carried on or operated by the Town or at a location operated
by an official or employee of the Town acting on behalf of the Town in his/her
capacity as such official or employee;
b.
The business is carried on by the Government of the Province of Alberta or
the Federal Government of Canada
c.
It is expressly exempted from the requirement of a license by a statute of the
Legislature of Alberta or Parliament of Canada;
d.
The business or practice of a profession, trade or calling which, by the
Laws of the Province of Alberta, a municipality is not empowered to
license to carry on business within the municipality, including, without
limiting the generality of the foregoing; the practice of medicine, law,
dentistry, accounting by persons registered pursuant to the Chartered
Accountants Act, Certified Management Accountants Act, architecture,
surveying and engineering and chiropractic.
e.
The business carries on its activity at the Farmers' Market which is
operated by an organization that is registered with the Alberta Farmers'
Market Association
6.
A license for a Special Event is a valid license for all vendors operating within the
event while the event is in operation
a.
If food handling and vending is a part of a for-profit event, proof of Public
Health inspector approval under the Public Health Act will be required
prior to issuance of a license.
Town of Hanna
Bylaw 977-2015
Page 5
7.
Where any registered charitable organization or not for profit organization registered
under the societies act wishes to be exempted from the requirements of this Bylaw to
pay a license fee, it shall apply to the License Inspector for an exemption providing
the name of the organization, charitable or registered society number and such other
information as the Officer requires determining that the organization is a charitable
organization.
a.
The onus of providing proof that a person is exempt from the provisions of this
bylaw requiring a license is on the person alleging the exemption.
PART V
LICENSE APPLICATION
1.
Any person desirous of carrying on a business in the Town shall attend at the
Town Office and complete the necessary application form provided by the Town.
2.
No license shall be issued until the said application form has been completed in
full.
3.
If the business to be licensed is intended to be conducted in premises, the
municipal address of such premises shall be designated in the license so issued,
and thereafter the business shall be conducted at such municipal address and
not elsewhere until the License Inspector has been notified in writing of any
intended change of address.
4.
Any person providing false or untrue information on such application form shall
be guilty of an offense.
5.
If the business to be licensed requires a Provincial or Federal License, no license
shall be issued hereunder until the applicant has produced such a license.
6.
If the business to be licensed requires inspection by a health inspector; such as
but not limited to, businesses of a personal service nature, no license shall be
issued hereunder until the applicant has produced appropriate documentation
that an inspection has taken place and approval has been received.
7.
Notwithstanding Part V Section 2 and 3, any existing business having held a
business license in the previous year may, at the discretion of the License
Inspector, renew its business license by paying the prescribed license fee.
8.
Subject to the provisions of this Bylaw, upon receipt of an application for a
business license, the License Inspector may grant a business license or may
refuse a business license if in his opinion there are just and reasonable grounds
for the refusal of the application.
9.
If a license is refused in accordance with Part V Section 6 , the applicant may
appeal the decision to the Council in accordance with Part lX of this Bylaw.
10.
All licenses required under this Bylaw shall be issued under the authority of the
License Inspector.
Town of Hanna
Bylaw 977-2015
Page 6
PART Vl
CONDITIONS OF BUSINESS LICENSE
1.
No business license shall be granted until such time as the applicant holds a valid
Development Permit where required by the Land Use Bylaw and/or any other Bylaw
of the Town.
2.
No business license shall be granted until such time as the applicant holds a valid
Provincial or Federal License where required by law.
3.
No business license shall be granted until the applicant has submitted to the License
Inspector, the proper fee as set by Council.
4.
The requirement of a premises, property and operations general liability policy or a
license fee may be waived for any performance sponsored by a local charitable or
nonprofit organization or Town Department and conducted for the benefit of the
community.
5.
Any Contractor shall provide a written list of all Contractors or Subcontractors that are
or will be in his employ within the boundaries of the Town, when required by the
License Inspector.
6.
Every business shall produce their license for inspection when required to do so by
the License Inspector, by any Peace Officer, or by any person duly authorized by the
Council to make such inspections.
7.
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
License Inspector or any other authorized person may, upon giving reasonable
notice, inspect the building or location for any purpose under this Bylaw at all
reasonable times during the license year.
a.
Any person refusing inspection of any premises in which is conducted a
business licensed hereunder after demand by any Peace Officer, the License
Inspector, or any person authorized by Council shall be guilty of an offense
under this Bylaw.
8.
A Licensee shall forthwith notify the License Inspector in writing of:
a.
A change in the address of the Licensee's Business Premises
b.
A change in the partners of the business if the license is issued to a
partnership; or
c.
A change in the officers or directors of the corporation if the license is issued
to a corporation
9.
A license does not confer any property right and no licensee may sell, transfer,
assign, lease or otherwise dispose of or deal in a license.
Town of Hanna
Bylaw 977-2015
Page 7
PART Vll
DURATION OF LICENSE
1.
A license issued hereunder shall commence on the date of issue and expire on
the expiry date shown on the License or shall expire on the date of the expiration
of the license holder's Provincial License.
2.
The fee payable for a new Business License issued between the 1st day of
January and the 30th day of June in any License Year shall be the License Fee
for the full year.
3.
The fee payable for a new Business License issued between the 1st day of July
and the 30th day of November shall be one-half of the prescribed License Fee for
the full year.
4.
The License Fee for a new business, payable after the 1st day of December of
the License Year in which it is issued shall be applied to the next License Year.
PART Vlll
REFUSAL AND REVOCATION
1.
The License Inspector may refuse to issue a license to any person or may revoke
any license if in the opinion of the License Inspector there are just and
reasonable grounds for the refusal of such application or for the revocation of any
license.
2.
Where, on inspection, a business which is subject to an inspection by or on
behalf of any Federal, Provincial or Municipal Authority and is found to
contravene the Act, Bylaw or Regulations of such authority, the license may be
revoked.
3.
Upon a license being revoked as herein before provided, the License Inspector
shall notify the licensee thereof:
i)
by delivering a notice to him personally; or
ii)
by mailing a letter to his place of business or residence as shown on his
license, which shall have been deemed to have been received seven
days after the date of mailing;
4.
After notification to the Licensee by the Town, the business shall not operate.
PART lX
APPEAL PROCEDURE
1.
Any applicant who has been refused or any person who has had his license
revoked may appeal to the Council.
2.
Any such appeal shall be in writing within 30 days of notification of refusal or
notification and shall be submitted to the License Inspector.
3.
Upon receipt of an appeal, the License Inspector shall forthwith place the appeal
upon the agenda of the ensuing meeting of Council, at which time the appeal
shall be heard.
Town of Hanna
Bylaw 977-2015
Page 8
4.
At the hearing of the appeal the Council may review the written submissions of
the appellant, the License Inspector and of any other person who may, at the
discretion of Council, make verbal submissions.
5.
After hearing the evidence submitted, the Council may confirm such refusal or
may direct that the license be issued either conditionally or unconditionally as
may be deemed expedient in the public interest, and the decision of the Council
is final.
PART X
PENALTY
1.
Any advertising of businesses, trades or occupations, shall be deemed to be
prima facie proof of the fact that the person is carrying on or operating any such
business, trade or occupation.
2.
The onus of proving that a person has a valid and subsisting License for a
Business is on the person alleging the License, and such person shall, upon
request, forthwith produce same to the License Inspector, or any person with
whom he is doing business to which the License relates.
3.
Any person contravening any of the provisions of this Bylaw is guilty of an
offense and is liable on conviction to a fine in accordance with Section 566 of the
Act, which may include prosecution in Provincial Court and up to six (6) months
incarceration.
4.
Notwithstanding Part X Section 3 where any provisions of this Bylaw have been
deemed to be contravened, the Bylaw Enforcement Officer may issue a voluntary
payment violation ticket for that contravention and the accused may avoid
appearing in court to answer the said charge by submitting the voluntary
payment as follows:
a)
First Offence - Twice the annual fee for the license in question if the
penalty is carrying on a business without a license or $300.00. for any
other infraction.
b)
Second and subsequent Offences - Four times the annual fee for the
license in question if the penalty is for carrying on a business without a
license or $600.00 for any other infraction.
5.
In the event such person who contravenes this Bylaw is a partnership; each or
any partner may be liable to the penalty aforesaid.
6.
In addition to the penalty provided in Part X Sections 3 and 4, if the offence is for the
failure to obtain a license, in addition to any penalty imposed, such person shall be
required to pay the appropriate license fee.
Town of Hanna
Bylaw 977-2015
Page 9
PART Xl
GENERAL
1.
In this Bylaw the masculine shall be deemed to include the feminine and the
singular be deemed to include the plural.
2.
It is the intention of the Council of the Town of Hanna that each separate
provision of this Bylaw shall be deemed independent of all other provisions and it
is further the intention of the Council that if any provision of the Bylaw be
declared invalid for any reason by a Court of competent jurisdiction, then all other
provisions of the Bylaw shall remain valid and enforceable.
PART Xll
ENACTMENT /REPEAL
1.
This Bylaw shall come into effect January 1, 2016.
2.
Bylaw 889 is repealed effective December 31, 2015.
READ A FIRST TIME THIS 08th DAY OF SEPTEMBER 2015.
Mayor Chris Warwick
Chief Administrative Officer
Kim Neill
READ A SECOND TIME THIS DAY OF 2015.
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2015.
Mayor Chris Warwick
Chief Administrative Officer
Kim Neill