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Business Licence Bylaw
No. 1025 - 22
TOWN OF HIGH LEVEL
2 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
AMENDING BUSINESS LICENCE BYLAW INDEX
BYLAW AMENDMENTS
BYLAW #
DESCRIPTION
ADOPTED
3 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
TOWN OF HIGH LEVEL
BUSINESS LICENCE BYLAW # 1025-22
A BYLAW OF TOWN OF HIGH LEVEL IN THE PROVINCE OF ALBERTA, TO ADOPT A BUSINESS
LICENCE BYLAW
WHEREAS the Municipal Government Act, Revised Statutes of Alberta 2000 - Chapter M-26, current as
of December 8th 2021, and all Amendments thereto states that 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, 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 8 of the Municipal Government Act, a Council may in a bylaw passed under
this Division:
a) regulate or prohibit;
b) deal with any development, activity, industry, business, or thing in different ways, divide each of
them into classes and deal with each case in different ways; and
c) provide for a system of licencing, permits, or approvals, including any or all of the following:
i.
establishing fees for licences, permits and approvals, including fees for licences, permits
and approvals that may be in the nature of a reasonable tax for the activity authorized or
for the purpose of raising revenue;
ii.
establishing fees for licences, permits and approvals that are higher for persons or
businesses who do not reside or maintain a place of business within the Municipality;
iii.
prohibiting any development, activity, industry, business, or thing until a licence, permit or
approval has been granted;
iv.
providing that terms and conditions may be imposed on any licence, permit or approval,
the nature of the terms and conditions and who may impose them;
v.
setting out the conditions that must be met before a licence, permit or approval is granted
or renewed, the nature of the conditions and who may impose them;
vi.
providing for the duration of licences, permits and approvals and their suspension or
cancellation for failure to comply with a term or condition or the bylaw or for any other
reason specified in the bylaw;
vii.
establish and specify the fees, rates, fares, tariffs, or charges that may be charged for the
hire of taxis or limousines; and
d) provide for an appeal, the body that is to decide the appeal and related matters.
4 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
WHEREAS the Council of the Town of High Level deems it to be in the public interest to repeal Bylaw 873-
08 including all amendments thereto, and Bylaw 942-12 including all amendments thereto, and replace
them with a new Business Licence Bylaw;
NOW THEREFORE the Council of the Town of High Level, in the Province of Alberta, duly assembled,
does hereby adopt the Town of High Level Business Licence Bylaw on this 25th day of April 2022.
READ a First time this 28th day of March 2022.
STATUTORY Public Hearing held this 25th day of April 2022.
READ a Second time this 25th day of April 2022.
READ a Third and final time this 25th day of April 2022.
SIGNED AND PASSED this 24th day of May 2022.
[Original signed by C. McAteer]
Mayor
[Original signed by S. Beaton]
Municipal Clerk
5 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
TABLE OF CONTENTS
1.0 ENACTMENT
1.1 TITLE OF THIS BYLAW
1.2 PURPOSE OF BYLAW
1.3 EFFECTIVE DATE
2.0 INTERPRETATION
2.1 NUMBERING SYSTEM
2.2 DEFINITIONS
3.0 BYLAW PROVISIONS
3.1 CONFORMITY WITH THIS BYLAW
3.2 APPLICATION AND RESPONSIBILITES
3.3 EXEMPTIONS
3.4 LICENCE YEAR AND FEES
3.5 DUTIES OF A LICENCE OFFICER
3.6 SPECIAL PROVISIONS
3.7 VIOLATIONS AND PENALTIES
1 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
1
1.0 ENACTMENT
1.1 TITLE OF THIS BYLAW
1.1.1.
This bylaw shall be known as, and may be cited as the "Town of High Level Business Licence
Bylaw".
1.2 PURPOSE OF THIS BYLAW
1.2.1.
To provide for the licencing control and regulating of any business or industry in the Town of High
Level, along with the related fees and penalties.
1.3 EFFECTIVE DATE OF THIS BYLAW
1.3.1
This bylaw comes into force and takes effect upon the date of its third and final reading by
COUNCIL.
1.3.2
Business License Bylaw No. 873-08, and all amendments thereto, are hereby repealed and
replaced.
1.3.3
License and Enforcement Appeal Committee Bylaw No. 942-12, and all amendments thereto, are
hereby repealed.
2 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
2
2.0 INTERPRETATION
2.1 NUMBERING SYSTEM
2.1.1
In the numbering system used in this bylaw:
a) the first number indicates the Section;
b) the second number indicates the Subsection of the Section; and
c) the third number indicates the Article of the Subsection.
2.1.2
An Article in this bylaw may be divided into Clauses, which are indicated by lower case letters in
parentheses, and the Clauses may be divided into Sub-clauses, which are indicated by roman
numerals in parentheses.
2.2 DEFINITIONS
2.2.1
The following words, terms, and phrases, wherever they occur in this bylaw, have the meaning
assigned to them as follows:
A
ABATTOIR
means a commercial development where animals are slaughtered and/or meat is cut, wrapped, frozen,
cured, smoked, or aged.
ACCESSORY USE
means a use subordinate, incidental to and exclusively devoted to a principal use of a building, structure,
or property.
ACCOMMODATIONS
means a bed and breakfast, apartment rentals, hotel or motel, lot rentals, campgrounds, or industrial camps.
ACT
means the Municipal Government Act being Chapter M-26 of the revised Statutes of Alberta, and any
amendments thereto.
3 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
ADULT ENTERTAINMENT FACILITY
means a DRINKING ESTABLISHMENT, nightclub, RESTAURANT, or other establishment that features
live performances of an explicit nature, escort services, or showcasing media materials inclusive of adult
content.
AIRPORT SHUTTLE
means a vehicle used in an AIRPORT SHUTTLE business.
ALCOHOL SALES
means the selling of alcoholic beverages for consumption off premises. Typical uses include liquor stores.
AMUSEMENT ARCADE
means a development with mechanical or electronic games that are provided for public entertainment, but
does not include ADULT ENTERTAINMENT FACILITY, casino, or bingo.
APPLICANT
means a person who applies for a BUSINESS LICENCE, renewal or transfer of the BUSINESS LICENCE
in accordance with this bylaw.
ART GALLERY
means a development used for the public display and/or sale of art.
AUCTION FACILITY
means a development used for the auctioning of goods, MOTOR VEHICLES and equipment, including the
temporary storage of such goods and equipment.
AUTOMOTIVE SALES AND RENTAL
means a development used for the sale, service, and rental of MOTOR VEHICLES, but does not include
RECREATIONAL VEHICLE SALES AND SERVICE or automotive body and paint service.
AUTOMOTIVE SERVICE
means a development used for the service and repair of MOTOR VEHICLES, automotive body and paint
work, the sale of gasoline, lubricating oils, and other automotive fluids, or any combination of such, but does
not include AUTOMOTIVE SALES AND RENTAL, a FUEL STATION, or a CAR WASH.
B
BREWERY, WINE, DISTILLERY
means a development where beer, wine, spirits, or other alcoholic beverages are manufactured, which may
also have areas and facilities for preparing, cooking and serving food, and serving alcoholic beverages.
BUSINESS
means any trade, profession, industry, occupation, employment or calling and the providing of goods and/or
services.
BUSINESS LICENCE
means a BUSINESS LICENCE issued pursuant to this bylaw.
4 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
BUSINESS LICENCE OFFICER
means the DEVELOPMENT AUTHORITY, a Municipal Enforcement Officer, or a PEACE OFFICER for the
enforcement of this bylaw.
BUSINESS SUPPORT SERVICE
means a development used to provide support services to a permitted use or discretionary use in a land
use district. Such businesses may be characterized and not limited to the provision of support functions,
including: printing, duplicating, binding, or photographic processing; office maintenance or custodial
services; secretarial services; security services; sale, rental, repair or servicing of office and business
equipment, furniture and machines; and, sale, rental, repair or servicing of computers, cellular phones, and
fax machines.
BULK OIL, FUEL AND CHEMICAL STORAGE
means a development where refined or crude oil, liquid, or solid chemical is stored outdoors and may
include the sale of such.
C
CANNABIS PRODUCTION AND DISTRIBUTION
means a development used principally for one (1) or more of the following activities as it relates to cannabis:
a) the production, cultivation, and growth of cannabis;
b) the processing of raw materials;
c) the making, testing, manufacturing, assembling, or in any way altering the chemical or physical
properties of semi-finished or finished goods and products;
d) the storage or shipping of materials, goods and products; or
e) the distribution and sale of materials, goods and products to RETAIL - CANNABIS stores or to
individual customers.
CAR WASH
means a development used for the cleaning of MOTOR VEHICLES.
CATERING SERVICE
means a development where foods and beverages, to be served off the premises, are prepared for sale to
the public.
COMMUNITY HALL
means a development that provides auditorium, banquet, exhibition, gymnasium, meeting or seminar
facilities, and does not include an ADULT ENTERTAINMENT FACILITY.
CONSTRUCTION SERVICE
means a development used to provide landscaping, electrical, plumbing, heating, painting, carpentry,
woodworking, or similar services to households or to general contractors, but does not include equipment
rental.
5 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
COUNCIL
means the elected COUNCIL of the Town of High Level, as defined in Part 5 Division 1 of the Municipal
Government Act.
D
DAY CARE FACILITY
means a development used to provide care and supervision, but not overnight accommodation, to children
in accordance with the Social Care Facilities Licensing Act, as well as any other applicable Provincial or
Federal legislation including any amendments. Typical uses are day care centers and nursery schools, and
does not include a PRIVATE BABYSITTING SERVICE.
DEVELOPMENT AUTHORITY
means a person or persons appointed by the Town, pursuant to Section 624 of the ACT to administer the
provisions of this bylaw.
DEVELOPMENT PERMIT
means a document issued by the Town permitting a development in compliance with the Town's Land Use
Bylaw.
DRINKING ESTABLISHMENT
means a development licensed to serve alcoholic beverages for consumption on the premises as
regulated by the Alberta Gaming Liquor and Cannabis Commission.
DRIVE-THROUGH BUSINESS
means a development or part of a development designed to serve customers remaining in their vehicles
and may form part of the operations of a CAR WASH or FINANCIAL INSTITUTION, but does not include
a DRIVE-THROUGH RESTAURANT or FUEL STATION.
DRIVE-THROUGH RESTAURANT
means a RESTAURANT with one (1) or more of the following features: car attendant services; drive-
through food and/or beverage pickup services; or parking primarily intended to allow for the on-site
consumption of food within a MOTOR VEHICLE.
E
EQUIPMENT RENTAL FACILITY
means a commercial establishment principally involving the rental of household or other equipment to the
public, but does not include MOTOR VEHICLES rentals.
F
FAMILY DAY HOME
means an ACCESSORY USE within a dwelling unit or part thereof used to provide care and supervision,
but not overnight accommodation, for adults or children as per the Social Care Facilities Licensing Act as
well as any other applicable Provincial or Federal legislation including any amendments.
6 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
FARM IMPLEMENT SALES AND SERVICES
means a development used for the sale and service of farm machinery and equipment.
FINANCIAL INSTITUTION
means a bank, brokerage company, treasury branch, trust company, credit union, finance company, or
similar institution.
FUEL STATION
means a development used for the sale of gasoline, diesel, lubricating oils, and other automotive fluids and
incidental goods.
FUNERAL HOME
means a development used for the arrangement of funerals, the preparation of the deceased for burial or
cremation, and the holding of funeral services, but does not include a place of worship.
G
GENERAL SERVICE
means a development used to provide services related to the care and appearance of an individual,
including the cleaning and repair of clothing, but does not include health service. Typical uses include: dry
cleaner and laundromat; hair and tanning salons; tailor, dressmakers, and shoe repair; and facilities that
provide pedicures, manicures, massages, and electrolysis.
H
HAWKER or PEDDLER
means the mobile business of selling or offering merchandise or food products for sale to the public.
HOME OCCUPATION
means an ACCESSORY USE in a dwelling unit or its garage that involves a business operated by a resident
of the dwelling unit, which is not inclusive of businesses that may cause offensive noise, odour, traffic, or
generally serve as a nuisance to adjacent residential landowners.
HOME OFFICE
means an ACCESSORY USE contained within one (1) room of a dwelling unit, for a business that involves
office functions only and is operated by a resident of the dwelling unit.
HOTEL
means a commercial development, including a motel, used to provide temporary sleeping accommodation
to the public, and which may also contain a RESTAURANT, DRINKING ESTABLISHMENT, or convention
/ banquet hall.
HOUSEHOLD REPAIR SERVICE
means a development that provides repair services for household goods, equipment and appliances, but
does not include GENERAL SERVICE. Typical uses include: electronics and appliance repair shops; and
furniture refinishing and upholstery shops.
7 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
I
INDUSTRIAL OPERATION
means a development used for manufacturing, assembling, warehousing, processing, or distribution of
materials or goods.
L
LOGGING SERVICE
means a development used to provide services for the harvesting of timber for the forest products industry.
LIMOUSINE SERVICE
means a luxury passenger transportation service with a MOTOR VEHICLE operated by chauffeurs provided
for a fee based on time and distance travelled.
LUMBER YARD
means a development for the storage and the wholesale or retail sale of forest industry products, which
may include the sales of associated hardware and tools.
M
MANUFACTURED HOME - MOBILE SALES
means a development used for the sale of Manufactured Homes - Mobile and/or Manufactured Home -
Modular, which may include the storage and display of such units.
MINI-STORAGE
means a development that provides cubicles for rent to the public for the storage of goods, and may include
an office building containing eating and sleeping facilities for security personnel, but may not be used as a
dwelling unit.
MOTOR VEHICLE
means as defined in the Traffic Safety Act, and any amendments thereto.
MUSEUM
means a place or building in which works of artistic, historical, archeological, and scientific value are cared
for and exhibited.
N
NON-PROFIT ORGANIZATION
means an organization that exists solely to provide programs and services that are of public benefit.
O
OFF-SITE
means a location other than the site which is the subject of the BUSINESS LICENCE.
8 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
OILFIELD SERVICE
means a development used to provide services for field operations in the exploration and extraction of fossil
fuels. Typical uses include power tongs and anchor services.
P
PAWNBROKER
means a person who carries on a business of loaning money on the security of the pledge or pawn of
personal property or a person who holds themselves out as ready to loan money on such security, and
does not include FINANCIAL INSTITUTIONS.
PEACE OFFICER
means a Municipal Enforcement Officer, a Bylaw Enforcement Officer, a Community PEACE OFFICER,
member of the Royal Canadian Mounted Police (RCMP), BUSINESS LICENCE OFFICER, or any other
designate authorized by the Chief Administrative Officer.
PET SERVICE
means a development for the purpose of accommodation, boarding, breeding, grooming, impoundment,
training, or the sale of small domestic animals including, but not limited to, cats and dogs.
PRIVATE BABYSITTING SERVICE
means a service provided in a private residence where care is provided for children, some or all of whom
are children of persons other than the person providing the service, and does not require a licence under
the Social Care Facilities Licensing Act.
PROFESSIONAL SERVICE
means a development used to provide PROFESSIONAL SERVICES, but does not include health service
or government service. Typical uses are offices providing the following services: accounting, architectural,
employment, engineering, insurance, investment, legal, real estate, secretarial, or travel agent.
R
RECREATIONAL EQUIPMENT
means equipment defined as an off-highway vehicle in the Traffic Safety Act, and includes boats, but does
not include a RECREATIONAL VEHICLE.
RECREATIONAL SERVICE - INDOOR
means a development used for sports or recreation within an enclosed building and any related accessory
development for the users of the principal facilities.
RECREATIONAL SERVICE - OUTDOOR
means a development used for outdoor sports or leisure and any related ACCESSORY USES for the
convenience of the users of the principal outdoor facilities.
RECREATIONAL VEHICLE
means a portable structure with seating and sleeping capacity to provide temporary living accommodation
that is either carried on or pulled by another vehicle, or transported under its own power.
9 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
RECREATIONAL VEHICLE SALES AND SERVICE
means a development used for the sales, rental, and service of RECREATIONAL VEHICLES.
RECYCLING DEPOT
means a development for collecting, sorting and temporary storage of recyclable materials such as bottles,
cans, paper, boxes, and small household goods, and does not include a SALVAGE YARD.
RESTAURANT
means a development where foods and beverages are prepared and served for consumption on-site by the
public and may include a take-out component as an ACCESSORY USE.
RETAIL - ADULT
means a development where more than 50 percent of the retail store inventory is for the sale or rental of
media materials including adult content, and / or where more than 50 percent of the retail store inventory is
offering the display and sale of non-clothing merchandise and/or products intended for adult use.
RETAIL - CANNABIS
means a development used for a retail store licensed by the Province of Alberta, where non-medicinal
cannabis and cannabis accessories are offered for sale to the public.
RETAIL - CONVENIENCE
means a development used for retail sales of those goods required by residents on a day-to-day basis in
an enclosed building. Typical uses include: small food stores; drug stores; video sales and rentals; and,
variety stores selling confectionary, tobacco, groceries beverages, pharmaceuticals, personal care items,
hardware, and printed matter.
RETAIL - GENERAL
means a development used for retail sale of groceries, beverages, household goods, furniture and
appliances, clothing, hardware, home improvement supplies, garden supplies, printed matter,
confectionary, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office
equipment, stationary and similar goods from within an enclosed building.
RETAIL - LIQUOR
means a store that sells alcoholic beverages and products for OFF-SITE consumption.
RETAIL - SPECIALTY STORE
means a store that specializes in, and offers a wide variety of brands, styles and models from a relatively
narrow category of specific goods for retail sale.
S
SALVAGE YARD
means a facility for the storage, processing, or transshipment of derelict MOTOR VEHICLES, machinery,
scrap metal, and similar materials for sale.
SHOPPING CENTRE
means a development comprising three (3) or more separate commercial use facilities that operate as one
(1) unit and share a common parking lot.
10 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
SPECIAL EVENT
means a for-profit private event held on Town-owned or privately-owned land which increases the volume
of vehicular traffic and parking requirements due to event attendees, including but not limited to: carnivals,
circuses, commercial or industrial fairs, or similar events that are temporary in nature and held for a short
period of time.
T
TAXI BROKER
means a passenger transportation service with a MOTOR VEHICLE provided for a fee based on time and
/ or distance travelled.
THEATRE
means a development where live entertainment or motion pictures are provided to the public, not including
an ADULT ENTERTAINMENT FACILITY.
V
VETERINARY CLINIC
means a development used for the medical care and treatment of domestic animals and incidental overnight
accommodation, and does not include PET SERVICE.
VIOLATION TAG
means a municipal tag or similar document issued by a PEACE OFFICER in relation to an offence under
this bylaw.
VIOLATION TICKET
means a ticket issued pursuant to the Provincial Offences Procedures Act, as amended, and the regulations
thereunder.
W
WAREHOUSE
means the indoor storage of equipment, goods, MOTOR VEHICLES, RECREATIONAL VEHICLES,
materials, or products as part of a commercial or industrial development.
WAREHOUSE STORE
means a development used for retail sale of goods at discounted prices, which provides a no-frills
experience and warehouse shelving stocked with merchandise intended for purchase in bulk or higher
volumes.
11 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
3
3.0 BYLAW PROVISIONS
3.1 CONFORMITY WITH THIS BYLAW
3.1.1
No person shall carry on any business transaction, conduct any work, or provide services within
the Town without first being licenced to do so and having paid the fees as prescribed in Article
3.4.4. of this bylaw.
3.1.2
In addition to the requirements of this bylaw, an APPLICANT must comply with all Federal,
Provincial and other Municipal legislation.
3.1.3
No person shall be issued a BUSINESS LICENCE without valid DEVELOPMENT PERMIT
approval(s) issued by the DEVELOPMENT AUTHORITY under the Town's Land Use Bylaw where
necessary.
3.1.4
The BUSINESS LICENCE OFFICER shall not issue a BUSINESS LICENCE to a HAWKER or
PEDDLER for the purpose of selling food products or edibles of any nature unless and until, the
food products have been approved and a permit is issued by an Environmental Health Officer.
Proof of this approval must be submitted to the BUSINESS LICENCE OFFICER.
3.1.5
No HAWKER or PEDDLER who uses a vehicle in connection with product sales as a HAWKER or
PEDDLER shall park a vehicle within the Town's streets, sidewalks, lanes, or public parking lots
unless the BUSINESS LICENCE OFFICER has first approved the location for such a purpose.
3.1.6
The operation of a HAWKER or PEDDLER mobile vending unit shall only be permitted on private
property with the written consent of the registered landowner or their representative.
3.1.7
When an owner is carrying on more than one (1) BUSINESS from the same premises, this shall be
considered as one (1) BUSINESS for the purposes of this bylaw.
3.1.8
Notwithstanding Article 3.1.7., if the BUSINESS activities are distinctly different, a BUSINESS
LICENCE must be obtained for each separate BUSINESS.
3.1.9
Non-resident BUSINESSES shall obtain a BUISNESS LICENCE to conduct business within the
Town of High Level.
3.1.10 BUSINESS owners that operate the same BUSINESS from more than one (1) location, must
indicate this on the application form and will be provided with a separate BUSINESS LICENCE
certificate for each location.
12 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
3.2. APPLICATION AND RESPONSIBILITES
3.2.1
An APPLICANT for a business registry licence shall complete an application on the approved form,
including all information that the form requires, and any such additional information as the
BUSINESS LICENCE OFFICER may reasonably require.
3.2.2
The APPLICANT is solely responsible for ensuring that all Municipal, Provincial and Federal
approvals which may include, but not be limited to those provided by a:
a) Alberta Public Health Officer;
b) Fire;
c) Police;
d) Building Inspector;
e) Alberta Liquor Gaming and Cannabis Commission; or the
f)
Alberta Motor Vehicle Industry Council
that are required for the carrying out of any BUSINESS, trade, or occupation have been received
prior to operation of the BUSINESS, and are maintained in good standing throughout the duration
of the term of the BUSINESS LICENCE and any renewal thereof.
3.2.3
Copies of all such licences, permits and approvals referred to in Article 3.2.2. Clauses a. to f. must
be provided to the BUSINESS LICENCE OFFICER upon request.
3.2.4
The business will comply with all the requirements of this and any other bylaw applicable thereto.
3.2.5
The annual BUSINESS LICENCE certificate issued pursuant to this bylaw shall be posted in a
visible location at the BUSINESS premises for the licensee, so as to be clearly seen by the public.
3.2.6
For those BUSINESS activities that are not carried out at a fixed location, the licence must be:
a) carried on the person of the licensee;
b) carried in or on the vehicle or apparatus from which such BUSINESS is conducted; or
c) be shown to a PEACE OFFICER or members of the public upon request.
3.2.7
Information updates, such as the change of contact information, shall not require a new application
but must be submitted to the BUSINESS LICENCE OFFICER as changes occur throughout the
year.
3.2.8
A new BUSINESS LICENCE application must be submitted for:
a) amendments to an existing BUSINESS LICENCE including change in the name or change in
the nature of the BUSINESS; and / or
b) transfer of the BUSINESS to a new owner.
13 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
3.3. EXEMPTIONS
3.3.1.
No BUSINESS LICENCE shall be required for:
a) any BUSINESS carried on by the Town, any Municipal Government, the Government of
Alberta, or the Government of Canada;
b) any school division, a provincially regulated child care provider, or a DAY CARE FACILITY
(either private or public);
c) any health authority;
d) any NON-PROFIT ORGANIZATION, including any public community events hosted by a NON-
PROFIT ORGANIZATION;
e) any BUSINESS operated by a minor;
f)
a BUSINESS that carries on BUSINESS activities at the Farmer's Market, which is operated
by an organization that is registered with the Farmer's Market Association;
g) any SPECIAL EVENT hosted by a BUSINESS on privately-owned land who already has a valid
BUSINESS LICENCE within the Town of High Level; or
h) any BUSINESS which is excluded from the requirements of this bylaw by an Act of the
Legislature; the onus of proof of which lies on the BUSINESS, including but not limited to the:
i.
Health Professions Act;
ii.
Veterinary Professions Act;
iii.
Legal Professions Act; and
iv.
Chartered Accountants Act.
3.3.2
Notwithstanding Article 3.3.1. Clause b., a FAMILY DAY HOME requires a DEVELOPMENT
PERMIT pursuant to the Town of High Level's Land Use Bylaw.
3.4. LICENCE YEAR AND FEES
3.4.1
Each licence issued pursuant to this bylaw shall automatically terminate at midnight on December
31 in the calendar year for which such a BUSINESS LICENCE was issued.
3.4.2
Every licence shall bear on its face the date on which it is issued and the current year's approval
sticker.
3.4.3
After October 31 of the current licence year, the Town shall accept the annual fee for the remainder
of the current year and the subsequent year of a new application.
3.4.4
BUSINESS LICENCE fees for all BUSINESSES shall be levied in accordance with the Town's
annual Fees Bylaw, which are due and payable upon approval of the BUSINESS LICENCE
application.
14 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
3.5. DUTIES OF A LICENCE OFFICER
3.5.1
The duties of the BUSINESS LICENCE OFFICER shall include as may be necessary:
a) to receive and consider applications for a BUSINESS LICENCE;
b) administer and enforce the requirements of this bylaw;
c) to conduct inspections of BUSINESS premises;
d) to collect annual BUSINESS LICENCE fees pursuant to this bylaw;
e) refuse to grant a licence or, to revoke or suspend any BUSINESS LICENCE if there are just
and reasonable grounds for the refusal of the application, or for the revocation of suspension
of the BUSINESS LICENCE, subject to the right of the APPLICANT to appeal the refusal,
revocation or suspension to COUNCIL:
i.
where a BUSINESS LICENCE is revoked or suspended, the officer shall notify the
licensee;
f)
issue a BUSINESS LICENCE, with or without conditions, upon payment of the appropriate fee;
and
g) to initiate legal action for violation of this bylaw when legal to do so.
3.6. SPECIAL PROVISIONS
Taxi, Limousine, and Airport Shuttle Licences
3.6.1
An APPLICANT for a TAXI BROKER, LIMOUSINE SERVICE, or AIRPORT SHUTTLE BUSINESS
LICENCE shall provide the following to the BUSINESS LICENCE OFFICER:
a) a list of the MOTOR VEHICLES to be used by the BUSINESS including make, model, and
licence plate numbers;
b) a list of all drivers or operators to be employed or engaged by the BUSINESS or otherwise
listed in the business operations, including their full names, mailing addresses, and Alberta
driver's licence numbers; and
c) such additional personal and other information which the BUSINESS LICENCE OFFICER may
request.
3.6.2
A TAXI BROKER, LIMOUSINE SERVICE, or AIRPORT SHUTTLE BUSINESS owner shall obtain
a licence for each taxi, limousine, or AIRPORT SHUTTLE vehicle, and provide the following
information to the BUSINESS LICENCE OFFICER:
a) insurance and registration for each MOTOR VEHICLE as required by the Province of Alberta;
b) each taxi vehicle shall be inspected at least once every twelve (12) months by a Certified
Mechanic; and
c) any other information required by the BUSINESS LICENCE OFFICER.
3.6.3
Each taxi shall:
15 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
a) prominently display on both sides of its exterior the name and phone number of the TAXI
BROKER;
b) display on its roof an illuminable dome light; and
c) visibly display their fee schedule in all taxi vehicles.
3.6.4
A BUSINESS LICENCE OFFICER may at any time inspect any taxi, limousine, or AIRPORT
SHUTTLE MOTOR VEHICLE to determine the following:
a) the validity of the taxi, limousine, or AIRPORT SHUTTLE licence;
b) the validity of the driver's chauffeur licence;
c) the mechanical condition of the MOTOR VEHICLE; or
d) standards of repair and cleanliness of the MOTOR VEHICLE.
Chauffeur Licences
3.6.5
No person shall operate, or permit to be operated, a taxi, limousine, or AIRPORT SHUTTLE without
a valid chauffeur's licence.
3.6.6
A person applying for a chauffeur licence shall submit all of the following to the BUSINESS
LICENCE OFFICER upon applying, and annually thereafter:
a) a completed chauffeur application;
b) the fee for the issuance or renewal of a chauffeur licence;
c) a valid Class 1, Class 2, or Class 4 Provincial Operator's Licence;
d) a driver's abstract of the person's driving record provided by the Province of Alberta Registrar
of Motor Vehicles dated within thirty (30) days of the chauffeur licence application;
e) a certified Vulnerable Sector Check from the Royal Canadian Mounted Police (RCMP) dated
within thirty (30) days of the chauffeur licence application; and
f)
anything else required by this bylaw for the issue or renewal of a chauffeur licence.
3.6.7
No person shall operate a taxi, limousine, or AIRPORT SHUTTLE MOTOR VEHICLE unless their
chauffeur licence is openly displayed at all times in the vehicle in such a manner as to be visible to
all passengers.
3.6.8
No chauffeur licence or renewal shall be issued to any person who has been convicted under the
Criminal Code of Canada within the five (5) year period immediately preceding the date of
application of:
a) an offence relating to homicide, assault, kidnapping, arson, corruption of public morals, or
abduction;
b) an offence relating to robbery or extortion;
c) an offence of criminal negligence, dangerous driving, impaired driving, or driving while their
Alberta driver's licence is revoked or suspended;
16 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
d) has been convicted under the Criminal Code of Canada, or the Controlled Drugs and
Substances Act or any successor legislation within the three (3) year period immediately
preceding the date of application, of any offence not described in Article 3.6.8. Clauses a. to
c.; and / or
e) If the BUSINESS LICENCE OFFICER finds that the person has been convicted of an excessive
number of offences under the Traffic Safety Act, or any successor legislation and/or any other
bylaw of the Town of High Level.
Special Event Permits
3.6.9
All operators or organizers of SPECIAL EVENTS that are held on Town streets, sidewalks, public
parking lots, Town-owned or privately-owned land must apply for and receive a Special Event
Permit from the Town.
3.6.10 Special Event Permits must be applied for at least four (4) weeks prior to the SPECIAL EVENT
being held.
3.6.11 Notwithstanding Article 3.6.9., SPECIAL EVENTS hosted by a BUSINESS on private property who
already have a valid BUSINESS LICENCE within the Town of High Level do not require a Special
Event Permit, unless the volume of vehicular traffic and parking requirements are significantly
increased due to event attendees.
3.6.12 Operators or organizers of non-profit community events do not require a BUSINESS LICENCE, but
must obtain a Special Events Permit approval from the Town if the event requires the closure of a
roadway or sidewalk, or the use of a public parking lot.
3.6.13 In accordance with to Article 3.6.12., Special Event Permit applications for non-profit community
events must be applied for at least two (2) weeks prior to the community event being held.
3.6.14 Only operators of SPECIAL EVENTS must apply for and receive a BUSINESS LICENCE from the
BUSINESS LICENCE OFFICER, prior to hosting a SPECIAL EVENT within the Town of High Level,
unless exempt under Article 3.3.1. Clause g.
3.6.15 If approved, BUSINESS LICENCES for SPECIAL EVENTS shall include specific event dates and
are only valid for a one (1) time event.
3.6.16 Notwithstanding Article 3.6.15., if a SPECIAL EVENT is to be held more than once in the Town of
High Level within the same calendar year, operators may obtain one (1) BUSINESS LICENCE with
multiple SPECIAL EVENT dates, as long as:
a) The activities within the SPECIAL EVENTS are the same; and
b) Any changes to the agreed upon future SPECIAL EVENT dates are approved by the
BUSINESS LICENCE OFFICER.
3.6.17 Operators or organizers of any SPECIAL EVENT who wish to temporarily close any portion of a
public roadway or sidewalk, must submit a Temporary Road Closure Permit Application.
3.7. VIOLATIONS AND PENALTIES
3.7.1
Any person who contravenes or neglects to obey any provision of this bylaw by:
a) performing any act or thing that is prohibited under the terms of this bylaw; or
17 Town of High Level Business Licence Bylaw No. 1025-22 | Current as of April 25, 2022
b) failing to complete any act or thing that is required to be done under the terms of this bylaw
is guilty of an offence and the Town shall utilize whatever means deemed appropriate to affect
collection.
3.7.2
Where a BUSINESS LICENCE OFFICER believes that a person has contravened any provision of
this bylaw, the BUSINESS LICENCE OFFICER may serve upon such a person a voluntary
payment tag in a form designated by the Town allowing payment of the penalty specified in Article
3,7.7. Clauses a. and b. of this bylaw for such an offence to the Town, and such payment shall be
accepted by the Town in lieu of prosecution for the offence in addition to any BUSINESS LICENCE
fee the person may be required to pay pursuant to Article 3.4.4.
3.7.3
Notification service of bylaw contraventions is deemed successful if:
a) delivered personally;
b) delivered by registered mail to the business address; or
c) left at the place of BUSINESS.
3.7.4
Subsection 3.7 shall not prevent any PEACE OFFICER from issuing a VIOLATION TAG in relation
to an offence under this bylaw.
3.7.5
Subsection 3.7 shall not prevent any BUSINESS LICENCE OFFICER from issuing a VIOLATION
TICKET in the form of a summons requiring a court appearance of the defendant, pursuant to the
provisions of the Provincial Offences Procedure Act, or from laying any information in lieu of issuing
a VIOLATION TICKET.
3.7.6
In prosecution for a contravention of this bylaw against operating a BUSINESS, proof of one (1)
transaction in a BUSINESS, or that a BUSINESS has been publicly advertised is sufficient evidence
to establish that a person is engaged in or operating a BUSINESS without a BUSINESS LICENCE
within the Town of High Level.
3.7.7
The voluntary payment which may be accepted in lieu of prosecution for a contravention of any
provisions with this bylaw shall be:
a) First Offence:
$100.00
b) Second Offence:
$200.00