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1
VILLAGE OF HEISLER
BYLAW 472-12
HAWKERS AND PEDDLERS BYLAW
BEING A BYLAW OF THE VILLAGE OF HEISLER, IN THE PROVINCE OF ALBERTA, TO
PROVIDE FOR THE LICENSING, CONTROL AND REGULATION OF HAWKERS AND
PEDDLERS WITHIN THE VILLAGE OF HEISLER
______________________________________________________________________________________________________________
WHEREAS the Municipal Government Act, being Chapter M-26.1 of the Revised Statutes of
Alberta 2000 and amendments thereto, provides that a Council of a Municipality may by
Bylaw, control and regulate business, business activities and persons engaged in business
within the municipality and provide for a system of licenses, permits or approvals for same,
and
WHEREAS it is desirable and in the best interest of the Village of Heisler that a Bylaw be
passed regulating, licensing and controlling hawkers and peddlers operating within the
municipal boundaries of the Village of Heisler
NOW THEREFORE, the Council of the Village of Heisler, duly assembled, hereby enacts as
follows:
Section 1
Definitions:
1.
Application - shall mean application for a Hawkers and Peddlers license and
application for renewal of a license required by this Bylaw.
2.
Hawkers and Peddlers License - means a license issued pursuant to this Bylaw
3.
Council - shall mean the Council of the Village of Heisler
4.
Exemption - shall mean an exemption to the requirement to obtain a Hawkers and
Peddlers License, such exemption to be given by a Council resolution.
5.
Hawker or Peddler - means a person whether as a principle or agent who:
i. goes from residence to residence selling, or offering for sale any merchandise or
service to any person, and who is not a wholesale or retail dealer in merchandise
or service with a permanent place of business within the Village of Heisler;
ii. offers or exposes for sale to any person by means of samples, patterns, cuts or
blueprints, merchandise to be afterwards delivered or shipped into the Village of
Heisler, or
iii. sells merchandise on the streets or roads or elsewhere other than a building that
is his permanent place of dwelling or business within the Village of Heisler;
6.
Mobile Vending Units - means a motor vehicle, trailer, or similar structure
designed for the purpose of offering products for sale.
7.
Person - means a person or persons, firm, partnership or body corporate including
a partnership, a group or persons acting in context or any association unless the
context explicitly or by necessary implication, otherwise requires.
8.
Village - means the Village of Heisler.
9.
Designated Officer - means the Chief Administrative Officer of the Village and/or
the Bylaw Enforcement Officer.
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Section 2
Licensing
1.
No person shall, within the Village of Heisler, carry on or operate any business as a
hawker or peddler unless he/she hold a valid and subsisting license to conduct such
business pursuant to the provisions of this bylaw.
2.
Local service groups, producers or organizations may be given an exemption to the
requirements of this bylaw, by a letter from the Chief Administrative Officer. An
example of such organizations would be the Girl Guides with their annual cookie
sale. An example of a local producer would be a market garden and sale of the
produce.
3.
The person shall make a written Application to the Village of Heisler on the form
specified in Schedule 'A' which is hereby declared to form a part of this bylaw.
4.
When submitting the Application, the person shall pay the required license fee as
listed in Schedule 'B' which is hereby declared to form a part of this bylaw.
5.
A Hawkers and Peddlers License shall be in effect for the duration stated on the
business license provided.
6.
Hawkers and Peddlers issued a License under this bylaw shall carry the license on
their person at all times when conducting their business within the Village of
Heisler.
7.
The Licensee will produce the license for the inspection by a designated officer for
the Village of Heisler or upon the request of any customer he approaches within the
Village of Heisler.
8.
A Designated Officer of the Village of Heisler may at any time revoke or suspend a
license issued under the provisions of this Bylaw for failure to comply with any of
the conditions or regulations herein.
Section 3
Conditions and Regulations
1.
No Hawkers and Peddlers License shall be granted until such time as the applicant
holds a valid Provincial or Federal License, where required by law.
2.
No Hawkers and Peddlers License shall be granted until the applicant has submitted
to the Designated Officer the proper fee as provided by this Bylaw.
3.
Hawkers, Peddlers and salesmen shall not call upon residents before 9:00 a.m. or
after 9:00 p.m.
4.
Mobile vending units shall not be allowed to park on Village streets. They shall only
be allowed on private property with the written consent of the owner, or in places
specified by Council resolution.
5.
No business shall conduct its operation in such a manner as to offend the general
public. Upon receipt of bona fide complaints, the Designated Officer may advise the
proprietor of the nature of the complaint and may require that the matter be
rectified.
6.
If the Designated Officer for the municipality finds a hawker, peddler or mobile
vending unit in operation and such hawker, peddler or mobile vending unit does not
have a valid and subsisting license to conduct business pursuant to the provisions of
this bylaw, the Designated Officer may close the "business" immediately.
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Section 4
Penalties
1.
Any person who contravenes any provisions of this Bylaw is guilty of an offense and
is liable on summary conviction to a fine, as set out in Schedule 'C' in addition to any
license fee he may be required to pay and costs, of if unable to pay any fine levied
and any license fee charged hereunder and costs, to imprisonment for a period not
exceeding sixty (60) days or until such fine, license fee and costs of committal are
paid.
2.
Where a person is convicted of operating a business for which a license fee is
payable, without payment of such fee having been made, the court shall, in addition
to the fine imposed pursuant to subsection (1) hereof, direct the payment of the
applicable license fee to the municipality.
3.
Where any of the provisions of this Bylaw have been deemed to be contravened and
an offense ticket has been issued for that contravention, the accused may avoid
appearing in court to answer to the said charge by submitting to the Municipality a
voluntary payment as outlined in Schedule 'C', attached to and forming part of this
bylaw.
Section 5
1.
SEVERABILITY: Should any provision of this bylaw be invalid, then such provision
shall be severed and the remaining bylaw shall be maintained.
This Bylaw shall come into force and effect on the date of its final reading.
Read a FIRST time this 17th day of October, 2012 A.D.
Read a SECOND time this 17th day of October, 2012 A.D.
Read a THIRD time and passed by unanimous consent this 17th day of October, 2012
A.D.
X
Sean Maciborski
Mayor
X
Amanda Howell
Interim CAO
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Schedule 'A'
TO:
Office of the Chief Administrative Officer
DATE: ______________
Village of Heisler
Box 60
128 Main Street
Heisler, AB T0B 2A0
RE:
APPLICATION FOR HAWKERS' AND PEDDLERS' LICENSE
Name and Address of Applicant:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Phone Number: ______________________ Cell Phone Number: ________________________
Email: ______________________________ Website Address: _______________________________
Other Government License Information: ____________________________________________
Goods or Services being offered for sale: ____________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
License Duration: From: _______________________ To: ________________________________
______________________________
_____________________________
Print Name of Applicant
Signature of Applicant
FOR MUNICIPAL OFFICE USE ONLY
APPLICATION #:_______________
COMMENTS: __________________________________
FEE: _______________
__________________________________
RECEIPT #: _______________
__________________________________
LICENSE #: _______________
_______________________________
Chief Administrative Officer
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Schedule 'B'
License Fees:
Hawkers and Peddlers License
Daily License $ 30.00
Annual License $ 175.00
Annual Licenses shall cover the calendar year - January 1st to December 31st
Schedule 'C'
Penalties:
Upon summary conviction any Contravention of any section of the bylaw
$100.00 plus Cost of license
Voluntary payment to avoid appearing in Court to answer to the charge
First Offence
$ 50.00
2nd & subsequent offences $100.00