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BYLAW 006:2021
TOWN OF IRRICANA
Being a Bylaw of the Town of lrricana in the Province of Alberta to provide
for the Licensing of Businesses
WHEREAS the Municipal Government Act, RSA, 2000, c. M-26 and
amendments thereto, authorizes a Council to pass bylaws for municipal
purposes; and
WHEREAS pursuant to section 7(i) of the Municipal Government Act, a Municipal
Council may pass a bylaw 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 a bylaw for municipal purposes respecting the enforcement of bylaws
made under the Municipal Government Act or any other enactment including any
or all of the matters listed therein; and
WHEREAS pursuant to section 8 of the Municipal Government Act, a Council
may in a bylaw:
(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 class in
different ways; and
(c)
provide for a system of licenses, permits or approvals, including any or all
of the matters listed therein;
AND WHEREAS the Municipal Council for the Town of lrricana deems it
expedient to license businesses within the Municipality;
Now THEREFORE, the Municipal council of the Town of lrricana, in the
Province of Alberta, duly assembled, hereby enacts as follows:
1.
TITLE
1.1 This bylaw shall be known as the "Business License Bylaw."
2.
DEFINITITONS
2.1
ln this bylaw, the following words shall have the meanings given herein,
unless the context otherwise requires:
a) "Act" means the Municipal Government Act, Chapter M-26 of the
Revised Statutes of Alberta, as amended or replaced from time to
time.
b) "Applicant" means any person who makes an application for a
business license, or a renewal of a license under the provision of this
bylaw.
c) "Business" means.
(a) a commercial, merchandising or industrial activity or undertaking;
(b) a profession, trade, occupation, calling or employment, or
(c)
an activity providing goods or services, whether or not for profit
and however organized or formed, including a co-operative or
association of persons.
d) "Business License" means a license to be issued pursuant to this
bylaw, for the purpose of licensing any business operating within the
Town of lrricana.
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e) "Business Premises" includes the store, office, warehouse,
residential dwelling, factory, building enclosure, yard or other place
occupied for the purpose of carrying on of a business and in which
place the carrying on of a business is a permitted or discretionary use
under the Town of lrricana's Land Use Bylaw.
0 "Bylaw Enforcement Officer" means any person employed by the
Town as a Bylaw Enforcement Officer or Community Peace Officer
g) "Galendar Year", in relation to any license issued under the provisions
of this bylaw, means a period of 365 consecutive days commencing on
January 1 and ending on December 31.
h) "Charitable or Non-Profit Organization" means:
(a) any incorporated or unincorporated organization that is formed for
a charitable purpose, including a philanthropic, benevolent,
educational, health, humane, religious, cultural, artistic or
, recreational purpose, so long as the purpose is not part of a
Business; or
(b) a person who makes solicitations for contributions to be used for a
charitable purpose and who is not connected to any incorporated or
unincorporated organization that is formed for the charitable
purpose for which the solicitation is made; or
(c) any person, association or corporation engaged entirely in
charitable activities, or engaged in the promotion of general social
welfare within the Town, as defined by Revenue Canada under the
lncome Tax Act and that has a valid Revenue Canada Registered
Charity number.
i) "Chief Administrative Officer" means the Chief Administrative Officer
of the Town of lrricana duly appointed by Town Council, and includes
any person to whom the Chief Administrative Officer's powers are
delegated or any person appointed to act in the absence of the Chief
Adm inistrative Officer.
j) "Council" means the Municipal Council for the Town of lrricana in the
Province of Alberta, as duly elected and defined in the Municipal
Government Act, RSA 2000, Chapter M-26, as amended.
k) "Development" means the act or an instance of developing of a
building or changing the use of a building or property in accordance
with the Town of lrricana's Land Use Bylaw.
l) "Development Authority" means the person, commission or
organization authorized to exercise development powers and perform
duties on behalf of the Town as referred to in Division 3 of the Municipal
Government Act.
m) "Development Permit" means a document authorizing a development
issued pursuant to the Town of lrricana's Land Use Bylaw.
n) "Farmer's Market" means an open air or fully or partially covered
market, for the sale of goods directly by producers, or their
representatives who are involved in the production of: local fresh, dried
or frozen plants, locally prepared and ready to eat foods and local
artisan crafts.
o) "Fee" means the monetary amount levied on each application for a
business license as set out in the Town of lrricana's Rates and Fees
Bylaw.
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p) "Flea Market" means the carrying on of a business to organize a
group of more than three (3) merchants, vendors or participants to
gather in one location or building to offer handcrafts, produce and
vegetables, food, new and used goods, wares, merchandise or
services for sale for time periods of (7) seven days or less in duration.
q) "Garage Sale" means the displaying and offering for sare of five (5) or
more items of goods, wares or merchandise (other than boats, motor
vehicles or recreational vehicles of any kind) on private residential
property.
r) "General Gontractor" means a person who is engaged in the
construction, service, alteration or repair of buildings or structures, and
includes any owner of property who supervises such contractor,
whether by entering into a contract or not and whether or not the
services of any sub-trades may be required.
For the purposes of this bylaw, "general contractor" may also be
additionally defined as a co-operative conducting business out of one
place of business or farmer's market.
s) "Hawker or Peddler or Street Vendor" means any person whether as
principal or agent, who:
(a) goes from house to house selling or offering for sale any
merchandise or services, or both, to any person, and who is not a
wholesale or retail dealer in such merchandise or service and not
having a permanent place or business in the municipality; or
(b) offers or exposes for sale to any person by means of samples,
patterns, cuts or blue prints, merchandise or services, or both, to be
afterwards delivered and/or shipped in to the municipality; or
(c) sell merchandise or services, or both, on the streets or elsewhere
other than at a building that is his/her permanent place of business.
(d) does not have a permanent place of business in the municipality.
t) "Home Occupancy'n and "Home Based Business" means a business
and/or occupation carried on in a residence by one or more members
of a family actually occupying the said residence as a dwelling and from
which a home-based business has been approved in accordance with
the Town of lrricana's Land Use Bylaw.
u) "Land Use Bylaw" means the Town of lrricana's Land Use Bylaw and
any amendments to the Land Use Bylaw.
v) "License" means a permit issued from the Town of lrricana pursuant
to this Bylaw.
w) "Licensee" means a person holding a valid license issued pursuant
to this bylaw.
x) "Merchandise" means commodities or goods that are bought and
sold in business.
y) "Mobile Vendor" means any person selling goods, food, amusements
or services from a mobile motor vehicle, trailer or similar structure that
is designed for offering the sale of goods, food or services.
z) "Municipal Ticket" means a form prescribed by the Chief
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Administrative Officer, or his designate, allowing payment to the Town
of lrricana of the penalty specified by this Bylaw for an offence, which
shall be accepted by the Town in Iieu of prosecution of the offence.
aa)'oNon-resident" means any person who does not reside or have a
place of business in the Town of lrricana.
bb) "Non -resident Business" means any business, which does not
ordinarily locate or maintain a permanent place of business within the
Town of lrricana.
cc) "Person" means a natural person or a body corporate and includes a
partnership, a group of persons acting in concert of an association
unless the context explicitly or by necessary implication otherwise
requires.
dd) "Police" means any member of the RCMP or any Peace Officer or
Special Constable appointed by the Town of lrricana.
ee) o'Principle Contractor" means the business of accepting contracts for
a service, construction, alteration and repair of buildings or structures
of any kind and the person or firm engaged in such business, and is
responsible for the day-to-day oversight of a construction site,
management of vendors and trades, and communication of
information to involved parties throughout the course of a building
project.
ff) "Resident" means a person who
a) is located or permanently resides within the boundaries of the
Town of lrricana; and/or
b) utilizes the space and services, including office area, telephone,
mailing address or postal box from premises that are listed on the
Town Tax Roll.
gg) "Resident Business" means any business which ordinarily locates or
maintains a permanent place of business within the Town of lrricana
through property ownership or property rental or lease agreements.
hh) "Sub-contractor" means the business or person engaged in
providing services for a portion of a contract from a principal
contractor or another sub-contractor.
ii) "Subdivision and Development Appeal Board" means the board
that is duly authorized by Council to hear appeals and carry out the
functions and duties of the Subdivision and Appeal Board as defined
by bylaw.
jj) "Temporary Business" means commercial or industrial business
activity, a profession, trade, occupation or an activity providing goods
and services, where the duration of the business activity is equal to or
less than four (4) consecutive weeks.
kk) "Town" means the Municipal Corporation of the Town of lrricana in
the Province of Alberta and or the area contained within the corporate
boundaries of the said municipality, as the context may require.
ll) "Trade Show" means a group of five (5) or more persons at a single
location, for a period of not more than seven (7) days, displaying to the
public the types of goods, wares, merchandise, food or services that
they have available for sale.
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mm) "Violation Ticket" means a violation ticket as defined in the
Provincial Offences Procedure Act, RSA 2000.
3.
LICENSING PROVISIONS
3.1 No person shall, within the Town of lrricana boundaries:
a) carry on or operate any business unless they hold a valid Town of
lrricana Business License issued pursuant to the provisions of this
Bylaw, or is specifically exempted under the provisions of this Bylaw or
Provincial or Federal legislation; or
b) carry on any undertaking, do any act, or use or have any article for
which a license is required, unless they hold a valid rown of lrricana
Business License issued pursuant to the provisions of this Bylaw.
Any advertising of a business referred to in this bylaw shall be deemed to
be a prima facie proof of the fact that the person is advertising or carrying
on or operating such a business.
Each application for a Business License and/or renewal shall be
accompanied by the appropriate fee(s) as set out in the Town of lrricana's
Rates and Fees Bylaw.
3.4 A Business License shall not be issued if:
a) the applicant fails to provide all the information required or requested
under this Bylaw;
b) the applicant is not in compliance with other Municipal Bylaws.
3.5
3.2
3.3
3.6
Every person who operates more than one store, branch or premises in
respect of any business shall take out a separate license in respect of
each such separate store, branch or premises.
For Direct Sales businesses, where more than one salesperson conducts
business within the Town of lrricana, such as, but not limited to: AVON,
Tupperware, Mary Kay, Epicure, only the registered manager is required
to obtain a Business License.
3.7 Every new Business shall apply for a Town of lrricana Business license
accompanied by a development permit, where applicable, approved in
accordance with the Town of lrricana's Land Use Bylaw.
3.8 All Home Based businesses require a Home Occupation Development
Permit approval before a Business License will be issued.
3.9
An Applicant shall make application on a form supplied by the Town,
furnishing such information as the form shall require and such additional
information as may, from time to time be required, including:
a) a statutory declaration, where required by the Town, substantiating the
information contained in the form;
b) every Federal or Provincial certificate, authority, license or other
document or qualification that may be required in connection with the
carrying on of a business;
c) Any certificate or other approval required by any provision of this bylaw
in respect of the business;
d) the license fee payable in respect of the business as set out in this
bylaw.
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3.10 All applications requiring a Fire lnspection as per the requirements set out
in the Development Permit or Business License application must make an
appointment with the Fire Chief.
3.11 Every applicant for a business license or for a renewal of business license
shall be made in writing.
312 All licenses with the Town of lrricana shall expire on the 31st of December
of the current year, regardless of the date of purchase and the fee for the
year shall apply.
3.13 Every business license issued under this bylaw shall be posted in a
conspicuous place in the business premises of the said licensee.
3.14
Every licensee who holds a license under this bylaw which is not limited to
specific premises, shall, so long as the license is in force, have
immediately available the license or duly authorized copy thereof and such
license shall, upon request, forthwith produce same to a Peace Officer,
Special Constable or any person with whom they are doing business to
which the license relates.
3.15
Notwithstanding that a Business License has been issued under the
provisions of this bylaw, such License does not authorize or permit the
Licensee to carry on a Business or any pursuit contrary to the provisions
of other Town of lrricana bylaws.
4.
PROVISIONS FOR HAWKERS. PEDDLERS AND STREET VENDORS
4.1
No person shall commence to, or shall carry on or engage in, the business
of Hawker, Peddler or Street Vendor on any property within the Town of
lrricana unless and until such person is the holder of a Business License
issued pursuant to this bylaw.
4.2
Hawkers, Peddlers and Street Vendors shall be permitted to operate on
any privately or publically owned property within the Town of lrricana,
provided that a letter of permission from the property owner has been
submitted with the Business License application.
4.3 A Business License issued to a Hawker, Peddler or Street Vendor of
foodstuffs, fruits or vegetables shall be withheld until the Applicant has
produced a certificate from the local Health Authority or such other
authorized Health lnspection Agency stating that the vehicle or receptacle
from which the Applicant intends to sell produce is in a sanitary condition.
4.4
Inspection of any gas or propane hook ups must be conducted by a Safety
Codes Officer before the Business License will be issued.
4.5
Violations of any provisions of this bylaw or any other bylaws in force in
the Town of lrricana will result in the Business License being revoked.
5.
EXCEPTIONS
5.1 A Business License is not required for the following Businesses
a) a Charitable or Non-Profit Organization registered under the Alberta
Societies Act, and amendments thereto;
b) an architect's corporation, a joint firm, a registered architect or a
visiting project architect under the Architect's Act, Chapter A-44, RSA
2000 and amendments thereto;
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c) an Alberta land surveyor, a suryeyor's corporation or a surveyor's
partnership registered under the Land surveyor's Act, chapter L-3 RSA
2000 and amendments thereto;
d) a professional engineer, Licensee, permit holder or certificate holder
under the Engineering, Geological and Geophysicar professions Act,
Chapter E-11, RSA 2000 and amendments thereto;
e) an insurance agent or adjuster as described in the lnsurance Act,
Chapter l-3, RSA 2000 and amendments thereto;
f) a registered accountant as described under the Chartered Accountants
Association;
g) a medical doctor who is registered with the college of physicians and
Surgeons of Alberta;
h) a dentist who is registered under the Dental Association of Alberta;
i) a barrister or solicitor as registered under the Law Society of Alberta;
j) any other business which is excluded from the requirements of this
Bylaw by an Act of the Legislature or other Provincial Statute including,
but not limited to the following:
- MedicalAct
- PharmaceuticalAct
- Optometry Act
- Certified GeneralAccountantsAct
- Certified Management Accountants Act;
- lnsurance Act
k) a club incorporated by Private Act of the Legislature of Alberta
l) a day home service provider that is registered with a provincially
approved Day Home Agency that has a Business License through the
Town of lrricana.
m) an Auctioneer for the sale of an estate of a deceased person, of
auctioned goods and chattels taken in distress under the authority of a
statute or recovery of property taxes.
n) a Business that is to be in operation for less than four months and
which is owned and operated by full-time students.
o) an owner of rental units including residential properties
p) a newspaper and flyer delivery person who delivers the product to a
house or business.
q) persons who are 18 years of age or younger and a resident of the
Town of lrricana.
r) Trade Fairs that are managed by the Town of lrricana
s) material delivery operations provided that the transaction/negotiation to
purchase those items takes place outside the corporate limits of the
Town and that the company is not a resident business.
0 residential garage sales
u) any other Business exempted through or by order of Council
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6.
LICENSE FEES
6.1
No person shall carry on or operate any business or occupation within the
Town of lrricana without first paying to the Town the applicable license fee
as prescribed in the Rates and Fees Bylaw, as amended.
6.2
All resident Charitable or Non-Profit Organizations and any Government
organizations shall be exempt from any license fee established by this
bylaw.
6.3
Where a fee required has been paid by the tender of any uncertified
cheque, the license is:
a) subject to the cheque being accepted and cashed by the bank without
any mention of this condition being made on the license, and
b) is automatically revoked if the cheque is not accepted and cashed by
the financial institution on which it is issued.
7.
HOME OCCUPATION
7.1
No license shall be issued for a home occupation until the Applicant is in
possession of a valid Development Permit issued under the provisions of
the Town of lrricana's current Land Use Bylaw.
8.
GE
8.1
General contractors are required to have a Town of lrricana Business
License and any subcontractors that are working for or on behalf of the
general contractor must be listed on the general contractor's business
license. All subcontractors fall under the general contractor's business
license.
9.
APPROVAL. SUSPENSION. REVOCATION AND/OR REFUSAL
9.1
The Town of lrricana shall approve and issue a Business License to any
Business, following the submission of an application as required by this
Bylaw, which complies with this Bylaw and other Bylaws of the Town of
lrricana, and any other statutes or regulations.
9.2
The Town of lrricana may refuse to issue a Business License, may
suspend or revoke a Business License and may impose any conditions on
a License for the following reasons:
a) the applicant or Licensee does not or no longer meets the requirements
of this Bylaw with respect to the license applied for or held; or
b) the applicant or Licensee or any of its officers or employees:
i) furnishes false information or misrepresents any fact or
circumstance;
ii) has, based on reasonable grounds, contravened this Bylaw whether
or not the contravention has been prosecuted;
iii) fails to pay any fee outstanding required by this Bylaw; or
iv) in the opinion of the Town, based on reasonable grounds, it is in the
public interest to do so.
9.3 Where on inspection, a business which is subject to an inspection by or on
behalf of the authority having jurisdiction, is found to contravene that
authority or the provisions of the Alberta Safety Codes Act, such
inspection and contravention shall be reported the to the Chief
Administrative Officer.
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9.4 Where a Business has been licensed pursuant to this bylaw, the Chief
Administrative Officer may revoke or suspend the Business License and
initiate legal proceedings to enforce this bylaw by way of injunction or
othenruise against the business if, in his/her opinion, the requirements of
this bylaw have not been complied with.
9.5 With respect to complaints relating to a business or a business operation,
if, in the sole opinion of Council, municipal resources are being
disproportionately allocated to monitor and police said business, that
business license shall be immediately revoked.
9.6 Upon a license being revoked as herein provided, the Chief Administrative
Officer shall notify the licensee thereof by;
a) contacting them personally, or
b) mailing a registered letter to their place of business or residence as
shown on their business license and shall have been deemed to have
been received five (5) days after the date of mailing;
and after the delivery or deemed receipt of such notice their business or
occupation, as the case may be, shall not be carried out on until such time
as a new license is issued.
10. APPEALS
10.1 Where an application for a Business License has been refused, or where
an existing license has been revoked, suspended or issued subject to
conditions, the applicant or licensee, as the case may be, is entitled to
appeal to Council the refusal or revocation of the license.
10.2 The applicant or licensee, as the case may be, shall have ten (10)
business days from the date of refusal, revocation, suspension, or
issuance subject to conditions, in which to appeal to Council, in writing,
othenruise, the right to appeal shall be barred and extinguished.
10.3 Council shall hear the appeal at the next regularly scheduled Council
meeting from the date of receipt of the written appeal and shall give notice
in writing of the decision to the applicant.
10.4
Council, after hearing an appeal, may:
a) direct a Business License be issued without conditions;
b) direct a Business License be issued with conditions; or
c) uphold the decision of Administration on grounds which appear just
and reasonable to Council.
d) a decision of Council on an appeal is final and binding on all parties
11. DURATION
11.1 Every Business License issued under the provisions of this bylaw shall
terminate at midnight on the 31st day of December of the year in which the
said license was issued unless:
a) The license provides otherwise, or
b) The license has been sooner cancelled or revoked
c) A monthly Hawker, Peddler or Street Vendor license will expire at
midnight of the thirtieth (30tn) day from the date of issuance.
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12. LAND USE AND DEVELOPMENT CONTROL
12.1 The issuance of a Business License under this Bylaw does not constitute
development approval under the Town of lrricana's Land Use Bylaw. The
holder of an existing Business License or an applicant for a Business
License is responsible for obtaining such development approval as may be
necessary. Where such approval cannot be obtained, the Development
Authority shall forthwith cancel any existing Business License and refuse
any further similar applications.
13. PENALTIES
13.1 Any person violating any provisions of this bylaw shall be guilty of an
offence and liable on summary conviction to a penalty of One Hundred
Dollars ($100.00), unless another penalty is provided in a Statute of the
Province of Alberta that has special application to a business license
hereunder, in which case the penalty provided in the latter Statute shall
apply.
13.2 Where the offence is non-payment of any license fee payable hereunder,
the convicting provincialjudge may adjudge payment thereof in addition to
the fine imposed.
13.3 An offence ticket may be issued by personally serving it upon the alleged
offender or by leaving it at the residence of the alleged offender or by
sending it to the alleged offender by registered mail.
13.4 Where any of the provisions of this bylaw have been deemed to be
contravened, a form of notice commonly called a Violation Tag may be
issued by a Bylaw Enforcement Officer or Peace Officer. The Violation
Tag shall require the payment to the Town of lrricana.
14. SEVERABILITY
14.1 Should any section or part of the Bylaw be found to have been improperly
enacted or ultra vires, for any reason, then such section or part shall be
regarded as being severable from the Bylaw the remaining after such
severance shall be effective and enforceable as if the section found to be
improperly enacted had not been enacted as part of this Bylaw.
15. RESCIND PREVIOUS BYLAW
15.1 That Bylaw 05:2018 be rescinded in its entirety
This Bylaw takes effect upon the date of the third and final reading.
READ A FIRST TIME this 3d day of March , A.D.,2021
READ A SECOND TIME thisffi day of March A.D.,2021
BE GIVEN UNANIMOUS CONSENT for a third and final reading this Af day of
March, A.D.,2021
READ A THIRD AND FINAL TIME thifray of March , A.D., 2021.
rank Friesen
ch
ministrative Officer
Barrie Hutchinson
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