Business Licence Bylaw 381

Lacombe, Alberta · adopted 2013-02-11

This is the exact embedded text of the captured official document. Snapshot 6f20bcdd1be5 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Business-Licence-Bylaw" municipality_ids: - gx-000320 content_type: "application/pdf" captured_at: "2026-06-08T18:48:41+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 37007 --- City of Lacombe Bylaw 381 Consolidated to November 10, 2025 A BYLAW OF THE CITY OF LACOMBE, IN THE PROVINCE OF ALBERTA, TO LICENCE AND REGULATE BUSINESSES WHEREAS the Municipal Government Act, RSA, 2000, c. M-26, authorizes a Council to pass bylaws for municipal purposes; and WHEREAS pursuant to section 7(a) of the Municipal Government Act, a council may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; and WHEREAS pursuant to section 7(e) of the Municipal Government Act, a council may pass bylaws for municipal purposes respecting businesses, business activities and persons engaged in business; and WHEREAS pursuant to section 7(e) 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 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 licences, permits or approvals, including any or all of the matters listed therein; NOW THEREFORE the Council of the City of Lacombe, in the Province of Alberta, duly assembled, enacts as follows: PART I - GENERAL LICENSING PROVISIONS Short Title 1 This Bylaw may be cited as the "Business Licence Bylaw". Interpretation and Definitions 2 (1) In this Bylaw, unless the context otherwise requires: (a) "applicant" means a person who applies for a licence or renewal of a licence; (b) "business" means: (i) a commercial, merchandising or industrial activity or undertaking, UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 2 (ii) a profession, trade, occupation, calling or employment; or (iii) an activity providing goods or services; Whether or not for profit and however organized or formed, including a co- operative or association of persons. (c) "carry on", "carrying on", "carried on" and "carries on" means to conduct, operate, perform, keep, hold, occupy, deal in or use, for a fee or exchange of benefits, whether as principal or agent; (d) "charitable organization" means any incorporated or unincorporated organization that is formed for a charitable purpose; (e) "charitable purpose" includes a philanthropic, benevolent, educational, health, humane, religious, cultural, artistic or recreational purpose; (f) "City" means The City of Lacombe, a municipal corporation in the Province of Alberta, and includes the area contained within the geographic boundaries of the City of Lacombe where the context requires; (g) "Chief Administrative Officer" means the chief administrative officer (CAO) of the City of Lacombe appointed under Bylaw 425 of the City or designate; (b. 381.2, 11/10/2025) (h) "Contractor" means the business of offering to any person to perform or arrange to perform work involving an improvement; (i) "Council" as defined in the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended; (j) "Dwelling unit" means a dwelling unit as defined in the Land Use Bylaw; (k) "Improvement" means anything built, placed, altered or repaired which is in, upon, over or under land or water, including a building and any clearing, dismantling, digging, drilling, excavating, grading, filling or tunneling; (l) "Land Use Bylaw" means The City of Lacombe Land Use Bylaw No. 400 as amended from time to time; (b. 381.2, 11/10/2025) (m) "Licence" means a licence issued under this Bylaw; (n) "Licence fee" means those annual fees payable for a licence as prescribed in the Schedule A; (o) "Licence Inspector" shall mean and include the Chief Administrative Officer, Peace Officer, or any other duly authorized and appointed person acting on their behalf; (p) "Licensee" means a person holding a valid and subsisting licence; UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 3 (q) "Mobile business unit" means a motor vehicle, temporary structure or display, or stand from which a business is carried on and includes a Mobile Vending Unit or Canteen and Push Cart Vending Unit; (b.381.1,06/29/15) (r) "Mobile Vending Unit or Canteen" means a motor vehicle, trailer, or similar mobile structure exceeding 3.3 m2, designed for the purpose of preparing and offering sale of products, including food, which does not contain customer seating and is capable of being moved; (b.381.1,06/29/15) (s) "Municipal Ticket" means a ticket prescribed by the City for a bylaw offence providing a person with the opportunity to pay an amount to the City in lieu of prosecution; (t) "Peace Officer" means a peace officer as defined in the Provincial Offences Procedure Act; (u) "Person" means an individual or a corporation and includes a partnership, an association or a group of persons acting in concert unless the context explicitly or by necessary implication otherwise requires; (v) "Premises" means a store, office, dwelling unit, warehouse, factory, building, enclosure or the place occupied or capable of being occupied, by any person for the purpose of carrying on any business; (w) "Public Lands" means land owned or controlled by the City as defined in City of Lacombe Parks and Facilities Bylaw; (b.381.1,06/29/15) (x) "Push Cart Vending Unit" means a push cart or similar mobile structure not exceeding 3.3 sq. m, intended to be moved from location to location for the purpose of offering for sale food products, beverages or merchandise; (b.381.1,06/29/15)(b. 381.2, 11/10/2025) (y) "Seasonal Business Licence" means a business licence issued for a limited and defined period within a calendar year, authorizing a business that operates only during that defined season or interval, subject to all requirements of this Bylaw; (b. 381.2, 11/10/2025) (z) "Subsequent offence" means any offence under this Bylaw committed by a person after that person has already been convicted of an offence under this Bylaw or has voluntarily paid a fine for such an offence; (aa) "Multi-vendor Business Licence" means a single licence issued to an event organizer, market operator, property owner or other responsible person that authorizes a group of related business activities, vendors, or temporary operations under one licence for a specified location and time period, subject to the conditions of this Bylaw. (b. 381.2, 11/10/2025) UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 4 (bb) "Violation Ticket" means a violation ticket as defined in the Provincial Offences Procedure Act; (2) Nothing in this Bylaw relieves a Person from complying with any Federal or Provincial law or regulation, other bylaw or any requirement of any lawful permit, order or licence. (3) Every provision of this Bylaw is independent of all other provisions and if any provision of this Bylaw is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. (4) All schedules attached to this Bylaw shall form part of this Bylaw. (5) Any headings or subheadings in this Bylaw are included for guidance purposes and convenience only, and shall not form part of this Bylaw. (6) Specific references to laws in this Bylaw are meant to refer to the current laws applicable within the Province of Alberta as at the time this Bylaw was enacted and as they are amended from time to time, including successor legislation. (7) All references in this Bylaw shall be read with such changes in number and gender as may be appropriate according to whether the reference is to a male or female person, or a corporation or partnership. Licence Requirements 3 (1) No person shall carry on a business in the City unless the person holds a licence authorizing the person to carry on that business. (2) Every person that applies for a business licence from the City is required to be in possession of a valid provincial licence where such is required by the Province of Alberta before the City will issue a business licence to that person. (3) Mobile Business Unit will comply with the following requirements: (a) Sell food product shall comply with the standards prescribed by Alberta Health Services. All Health Certificates must be current and displayed at all times. (b) No sale is to be made within one (1) block any direction of any Public or Separate or Private School during normal school days. (b. 381.2, 11/10/2025) (c) No sale is to take place between 2:00 a.m. and 7:00 a.m. of any day. (b.381.1,06/29/15) (d) No sale is to be made on public lands or public parking lots of the City through the use of a mobile business unit unless permission, authorized by the Chief UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 5 Administrative Officer or their designate, has been given in writing. (b.381.1,06/29/15)(b. 381.2, 11/10/2025) (e) No sale is to be made on sidewalks through the use of a push cart vending unit unless permission, authorized by the Chief Administrative Officer or their designate, has been given in writing. (b.381.1,06/29/15)(b. 381.2, 11/10/2025) (f) No sale is to be made on a highway through the use of a mobile vending unit or canteen unless permission, authorized by the Chief Administrative Officer or their designate, has been given in writing. (b.381.1,06/29/15)(b. 381.2, 11/10/2025) (g) The permission provided by the Chief Administrative Officer or their designate may include conditions for the safe operation of the Mobile Business Unit specific to that location. (b.381.1,06/29/15)(b. 381.2, 11/10/2025) (4) (a) Notwithstanding subsection (1), a licence is not required for: (i) a business carried on by the City; (ii) a business carried on by the Government of the Province of Alberta or the Government of Canada or a Crown Corporation created by either Government; (iii) a business expressly exempted from the requirement of a licence by a statute of the Legislature of Alberta or Parliament of Canada or; (iv) Deleted. (b. 371.2, 11/10/2025) (b) A person who contracts with any of the Governments or corporations designated in subsection (4)(a) will be subject to all the requirements of this Bylaw. (5) Multi-vendor Business Licences (b. 381.2, 11/10/2025) (a) The Licence Inspector may issue a Multi-vendor Business Licence if the applicant demonstrates: a) that the applicant has the authority to act on behalf of all persons, vendors or operators to be covered under the Multi-vendor licence; b) that all underlying business activities comply (or will comply) with provincial and municipal requirements applicable to those activities; c) any additional conditions the Licence Inspector deems necessary to protect public health, safety, or municipal interests. (b) A Multi-vendor Business Licence may cover one or more of the following (but not limited to): markets, special events, seasonal activities, mobile vendors located at the same event, or multiple business operations on a single property for a temporary period of time. (c) The Multi-vendor licence must specify: a) the name or maximum number of vendors/operators covered; b) the permitted activities; c) the location(s) and site layout; d) the term (dates and times). UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 6 (d) This Bylaw does not exempt individual vendors or operators from obtaining necessary provincial or municipal permits or licences for their specific business activities. (e) This Bylaw does not exempt individual vendors or operators from obtaining their own business licence to operate in the City of Lacombe outside of the timeframe and locations of the Multi-vendor business licence. (f) The applicant of the Multi-vendor business licence who is located at a specific site (i.e. markets, seasonal activities) must file with the City an application, including a site plan, number of vendors, scheduled times, and insurance certificate. (g) The applicant of the Multi-vendor business licence who is located at multiple sites (i.e. city city-wide special events) must file an application for a Multi- vendor licence and work with the City's Special Event Coordinator to determine resources required, locations and times of activities, a list of vendors and participants, and insurance certificates. (h) The applicant must maintain, during the licence term, an up-to-date list of all vendors/operators covered in the event the Licence Inspector requests to review individual vendor contact and permit details. (i) The Multi-vendor licence holder shall provide a certificate of liability insurance naming the City as additional insured, with coverage limits determined by the Licence Inspector. (j) The Licence Inspector may impose conditions concerning sanitation, traffic, noise, site layout, waste disposal, food safety, crowd control, and other relevant matters. Non-compliance may lead to suspension or revocation. (k) Vendors/contractors covered must hold all required provincial and municipal licences or permits. Failure by a vendor to comply with those obligations may result in removal from the Multi-vendor licence coverage. (l) Term, renewal and fee structure a) The Multi-vendor licence may be issued for a single event, a seasonal period, or an annual term, at the discretion of the Licence Inspector. b) Fees shall be set in Schedule A - Fee Schedule. c) Renewal of a Multi-vendor licence must comply with all application requirements and submission deadlines as set by the City. (m) The Multi-vendor licence holder is responsible for ensuring compliance by all covered vendors/operators. The City may take enforcement actions (fines, suspension, revocation) against the Multi-vendor licence holder and/or individual vendors as allowed under this Bylaw and applicable law. (6) Seasonal Business Licences UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 7 (a) The Licence Inspector may issue a Seasonal Business Licence where the applicant demonstrates that the business will operate only during a limited time period of the year and that all requirements of this Bylaw are met. (b) Seasonal Business Licences shall specify the dates or period of validity and the business activity permitted. (c) Seasonal licences are intended for operations such as, but not limited to: a) Outdoor food vendors (e.g., ice cream stands, food trucks operating only in summer) b) Recreational services (e.g., skating rinks, snow-sport rentals) c) Garden centres, greenhouses, or agricultural produce stands d) Temporary holiday businesses (e.g., Christmas tree lots, seasonal craft markets) (d) Seasonal licence holders are subject to all applicable municipal bylaws and provincial/federal requirements. (e) A Seasonal Business Licence may be issued for a period of up to six consecutive months within a calendar year. Beyond six months will require an annual licence. (f) Fees for Seasonal Business Licences shall be set out in Schedule A - Fee Schedule. (g) Seasonal business operators must comply with zoning, land use, health and safety, fire code, and inspection requirements. (h) b) The Licence Inspector may impose additional conditions specific to the seasonal activity, such as hours of operation, site layout, signage, or waste management. A Seasonal Business Licence may be suspended or revoked for non-compliance with this Bylaw or other applicable legislation. (7) No person shall fail to comply with a licence condition. (8) A licence is required for each premises or mobile business unit where the business is carried on. Licence Application 4 (1) Before the issue or renewal of a licence a person must submit to the Licence Inspector: (a) an application in a form established by the Licence Inspector; (b) the applicable licence fee; and (c) any additional information required by this Bylaw or by the Licence Inspector (2) No person shall provide false information in an application. UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 8 Licence Fees 5 (1) Unless otherwise specified in this Bylaw, licence fees are not refundable. (2) The Licence Inspector may refund a licence fee if the licence is not issued or renewed. (3) Where a licence has been issued in error without payment of the applicable licence fee, the licence may be revoked by the Licence Inspector. (4) A person who does not reside or maintain a permanent business premises in the City shall pay the non-resident licence fee set out in Schedule A. (5) A person who operates a business from dwelling unit zoned for residential use pursuant to the City of Lacombe Land Use Bylaw shall pay the home occupation licence fee set out in Schedule A. (6) A person who operates a business from land zoned commercial pursuant to the City of Lacombe Land Use Bylaw shall pay the commercial licence fee set out in Schedule A. (7) A person who operates a business from land zoned industrial pursuant to the City of Lacombe Land Use Bylaw shall pay the Industrial licence fee set out in Schedule A. (8) A Licensee may apply to amend a licence by paying the amendment fee set out in Schedule A. (9) A Licensee may obtain a replacement licence for a licence that has been lost or destroyed by paying to the City the fee for a replacement licence set out in Schedule A. (10) New businesses commencing operations during the period between July 1 to December 31 in a calendar year will be required to pay only 50% of the total annual business Licence fee. (b. 381.2, 11/10/2025) (11) A person may operate up to two business, callings, trades or occupations from any one premise or structure while holding a single business license while each additional business, calling, trade or occupation thereafter shall require a separate business license. Fee Exemptions for Charitable Organizations 6 (1) Where any charitable organization wishes to be exempted from the requirements of this Bylaw to pay a licence fee, it shall apply to the Licence Inspector for an exemption providing the name of the organization and such other information as the Licence Inspector requires to determine that the organization is a charitable organization. UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 9 (2) Where an exemption to pay the licence fee has previously been granted to the charitable organization applying under the same or similar circumstances or a similar relief or benefit was granted to the same or a similar charitable organization pursuant to the provisions of this Bylaw, the Licence Inspector may issue a licence without requiring the payment of the licence fee from the charitable organization. (3) A charitable organization which receives an exemption under this section must otherwise comply with all provisions of this Bylaw. Consultations and Approvals 7 (1) The Licence Inspector may consult, prior to issuing or renewing a licence, with authorities and agencies including but not limited to the Province of Alberta, the Lacombe Police Service and City departments, to determine whether they are in possession of information which, in the opinion of the Licence Inspector, renders it inappropriate for a licence to be issued to a person. (2) Where a person intends to carry on business at a specific premises or location within the City, the person shall, prior to the Licence Inspector issuing a licence, ensure that all necessary approvals required under the Land Use Bylaw have been obtained and shall provide satisfactory proof thereof to the Licence Inspector. (3) Where a licence has been issued in error without all the necessary approvals required pursuant to this Bylaw, the licence may be revoked by the Licence Inspector. (4) The Licence Inspector may determine that it is inappropriate to issue a licence to a person where the safety, health or welfare of the public may be at risk due to the issuance of a licence. Inspections 8 (1) Where a business requires a consultation or approval for licencing or is licenced, then the premises and surrounding lot may be inspected by the Licence Inspector or a Peace Officer. (2) A person who the Licence Inspector or a Peace Officer reasonably believes is carrying on a business requiring a licence, an applicant, or a Licensee shall: (a) permit and assist in all inspections requested by the Licence Inspector or a Peace Officer; (b) furnish to the Licence Inspector or a Peace Officer all identification, information, or documentation related to the inspection or licensing requirement; and (c) not give false or misleading information, or information intended to mislead, with regard to any matter or thing arising in connection with the licensing of the business to the Licence Inspector or a Peace Officer. UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 10 (3) No person shall attempt to prevent, obstruct or hinder the Licence Inspector or a Peace Officer from making an inspection authorized by this Bylaw. (4) During an inspection authorized under this section, the Licence Inspector or a Peace Officer may examine any business record or document for the purpose of enforcing this Bylaw, remove any relevant record or document from the premises for the purpose of copying it, and will provide a receipt for any document or record so removed. (5) No person shall knowingly allow any false or misleading information to remain on any record required to be kept or prepared pursuant to this Bylaw. Licence Approval, Refusal, Suspension or Revocation 9 (1) The Licence Inspector may refuse to issue or renew a licence, may suspend or revoke a licence and may impose any conditions on a licence for the following reasons: (a) The applicant or Licensee does not or no longer meets the requirements of this Bylaw with respect to the licence applied for or held; (b) The applicant or Licensee or any of its' officers or employees: (i) furnishes false information or misrepresents any fact or circumstance to a Peace Officer or the Licence Inspector; (ii) has, in the opinion of the Licence Inspector 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 (c) In the opinion of the Licence Inspector, based on reasonable grounds, it is in the public interest to do so. (2) Where any certificate, authority, licence or other document of qualification under this or any other Bylaw, or under any statute of Canada or the Province of Alberta is suspended, cancelled, terminated or surrendered, the Licence Inspector shall suspend any licence issued under this Bylaw based in whole or in part on the certificate, authority, licence or other document of qualification. Renewal and collection of Licence 10 (1) On or about January 1 of each calendar year, the Licence Inspector shall issue an invoice to the holder of a licence issued in the previous year for the amount required to renew the licence for another term. The licence is due and payable within 60 days from the date of issue of the invoice. (2) Upon expiry of the 60 days from the date of the issue of the invoice a notice shall be issued to the previous licence holder directing that: UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 11 a) the business licence fee is to be paid by the owner. Any outstanding licences will be subject to a penalty of per month for each month the business licence is in arrears, and a 30-day final notice will be issued. (b. 381.2, 11/10/2025) 11 Any balance outstanding beyond 60 days from the date of issue of the invoice shall be assessed an interest charge as per Schedule A - Fee Schedule. (b. 381.2, 11/10/2025) Notice to Applicant or Licensee 12 Before refusing to issue or renew a licence, and before a licence is suspended or revoked or conditions are imposed, other than conditions imposed by this Bylaw, the applicant or Licensee must be given: (a) notice of the proposed refusal, suspension, revocation or the proposed conditions with reasons; and (b) an opportunity to make written representations to the Licence Inspector. Decision of Licence Inspector 13 If a decision is made to refuse the issue or renewal of a licence, to suspend or revoke a licence or to impose conditions on a licence, other than conditions imposed by this Bylaw, notice of the decision may be served on the applicant or Licensee : (a) in person on the applicant or Licensee or any of its officers or employees; or (b) by registered mail to the address in the application or in the records of the City for the applicant or Licensee . Appeal to City Council 14 (1) ) A person: (a) who has been refused the issue or renewal of a licence; (b) whose licence has been suspended or revoked; or (c) whose licence is made subject to conditions, other than conditions imposed by this Bylaw; may appeal the decision within fourteen (14) days by providing written notice to the Legislative Coordinator, and paying the notice of appeal fee set out in Schedule A. (b. 381.2, 11/10/2025) (2) Where a Licensee has given notice of an intention to appeal the revocation, suspension or conditions of a licence, the Licence Inspector may, in the Licence Inspector's sole discretion, stay the revocation, suspension or conditions pending the hearing of the appeal if the continued operation of the business does not create a danger to the safety, health or welfare of the public. Licence Identification 15 UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 12 (1) A licence must be issued on a form bearing the identification of the City and all licences issued pursuant to this Bylaw are and shall remain the property of the City. (2) A licence must bear on its face the date on which it is issued and the date on which the licence will expire. (3) A Licensee shall: (a) post the licence in a prominent visible location in the premises; or (b) if it is not practical to post the licence, produce the licence forthwith upon demand by a Peace Officer. (4) No person shall reproduce, alter, or deface a licence. Notification of Changes 16 A Licensee shall forthwith notify the Licence Inspector in writing of: (1) a change in the address of the Licensee's business premises; (2) a change in the partners of the business if the licence is issued to a partnership; or (3) a change in the officers or directors of the corporation if the licence is issued to a corporation. Transfer of Licence 17 A licence does not confer any property right, and no Licensee may sell, transfer, assign, lease or otherwise deal in a licence. (381.2, 11/10/2025) Term of Licence 18 (1) A licence issued pursuant to this Bylaw, unless previously suspended or revoked, or as otherwise specified in this Bylaw, is valid from the date issued stated thereon and shall expire at twelve o'clock midnight on December 31 in the year in which it was issued. (2) The Licence Inspector may issue a licence for a limited term or for a specified date in any case where the Licence Inspector considers it appropriate to do so. PART II - REGULATIONS PERTAINING TO PARTICULAR BUSINESSES Contractor 19 (1) A Contractor that applies to the City for a permit, including but not limited to a Building Permit, a Development Permit, a Plumbing and Gas Permit, an Electrical Permit or a Mechanical Permit, must have a licence. UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 13 (2) The Licence Inspector or a Peace Officer may inspect the premises or the site at which a Contractor is working. (3) Notwithstanding Section 32, proof of one offer to perform or offer to arrange to perform work on an improvement is sufficient to establish that the business of a Contractor is being carried on. PART III - ENFORCEMENT Offence 20 A person who contravenes this Bylaw is guilty of an offence. Continuing Offence 21 In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and a person guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such day. Vicarious Liability 22 For the purposes of this Bylaw, an act or omission by an employee or agent of a person is deemed also to be an act or omission of the person if the act or omission occurred in the course of the employee's employment with the person, or in the course of the agent's exercising the powers or performing the duties on behalf of the person under their agency relationship. Corporations and Partnerships 23 (1) When a corporation commits an offence under this Bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. (2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or agreed to or complied passively or without protest or participated in the act or omission that constitutes the offence is guilty of the offence. Fines and Penalties 24 (1) A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and liable upon summary conviction to the specified penalty set out in Schedule B, or in the case for which there is no specified penalty set out in Schedule B, to a fine of $200.00 for a first offence, $300.00 for a second offence and $500.00 for a UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 14 third or subsequent offence, and to imprisonment for not more than 6 months for non- payment of a fine. Municipal Ticket 25 (1) A Peace Officer is hereby authorized and empowered to issue a Municipal Ticket to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. (2) A Municipal Ticket may be issued to such person: (a) either personally; or (b) by mailing a copy to such person at his last known post office address. (3) The Municipal Ticket shall be in a form approved by the Council and shall state: (a) the name of the person; (b) the offence; (c) the specified penalty established by this Bylaw for the offence; (d) that the penalty shall be paid within 30 days of the issuance of the Municipal Ticket; and (e) any other information as may be required by the Chief Administrative Officer. Payment in Lieu of Prosecution 26 Where a Municipal Ticket is issued pursuant to this Bylaw, the person to whom the Municipal Ticket is issued may, in lieu of being prosecuted for the offence, pay to the City the penalty specified within the time period indicated on the Municipal Ticket. Violation Ticket 27 (1) If a Municipal Ticket has been issued and if the specified penalty has not been paid within the prescribed time, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act; (2) Notwithstanding subsection (1), a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw; (3) If a Violation Ticket is issued in respect of an offence, the Violation Ticket may; (a) specify the fine amount established by this Bylaw for the offence; or UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 15 (b) require a person to appear in court without the alternative of making a voluntary payment. Voluntary Payment 28 A person who commits an offence may: (1) if a Violation Ticket is issued in respect of the offence; and (2) if the Violation Ticket specifies the fine amount established by this Bylaw for the offence; make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation Ticket. Obstruction 29 No person shall not obstruct or hinder any person in the exercise or performance of the person's powers pursuant to this Bylaw. PART IV - GENERAL Proof of Licence 30 The onus of proving that a person has a valid and subsisting licence for a business is on the person alleging the licence. Proof of Exemption 31 The onus of proving that a person is exempt from the provisions of this Bylaw requiring a licence is on the person alleging the exemption. Proof of Business 32 In a prosecution for a contravention of Section 3(1) this Bylaw for carrying on a business without a licence, proof of one transaction in the business or that the business had been advertised is sufficient to establish that a person is carrying on the business. Chief Administrative Officer 33 Without restricting any other power, duty or function granted by this Bylaw, the Chief Administrative Officer may: (a) carry on whatever inspections are reasonably required to determine compliance with this Bylaw; (b) delegate any powers, duties or functions under this Bylaw to an employee of the City; and (c) establish forms for the purposes of this Bylaw. UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 16 Certified Copy of Record 34 A copy of a record of the City, certified by the Chief Administrative Officer as a true copy of the original, shall be admitted in evidence as prima facie proof of the facts stated in the record without proof of the appointment or signature of the person signing it. Existing Licence 35 An existing licence issued under Bylaw No. 189, the City of Lacombe, Business Licence Bylaw, remains valid until December 31, 2013 or on the expiry of the term of the licence, whichever is sooner. Repeal 36 Bylaw No. 189 is repealed. Enactment 37 This Bylaw shall come into force and effect when it received third reading and is duly signed. INTRODUCED AND GIVEN FIRST READING this 28th day of January, 2013, A.D. GIVEN SECOND READING this 11th day of February, 2013, A.D. GIVEN THIRD AND FINAL READING this 11th day of February, 2013, A.D. __________Stephen Christie_________ Mayor ________Norma MacQuarrie_________ Chief Administrative Officer UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 17 Schedule "A" Fee Schedule Annual General Business Licence $175 Annual Commercial Business Licence $150 Annual Industrial Business Licence $150 Annual Home Occupation $150 Annual Non-Resident Business Licence $420 Multi-vendor Business Licence (Resident) $100 Seasonal Business Licence (Resident) $80 Seasonal Business Licence (Non-Resident) $220 Temporary Licence - daily $20 Temporary Non-Resident Licence - daily $75 Amending Licence $20 Replacement of Licence $20 Appeal Fee $50 Arrears Penalty (after 60 days) 5% per month UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 18 Schedule "B" Specified Fines Offence Section First Offence Second Offence Third and Subsequent Offences Fail to obtain a Business Licence 3 (1) $300 $500 $1,000 Contravene a condition of a Licence 3 (3) $200 $400 $800 False information on an Application 4 (2) $300 $500 $1,000 Prevent, obstruct or hinder an inspection by Licence Inspector or Peace Officer 8 (3) $300 $500 $1,000 False or misleading information to remain on any record 8 (5) $300 $500 $1,000 Not having a licence posted 15 (3) $100 $250 $500 Reproduce, alter, or deface a licence 15 (4) $300 $500 $1,000 Sell, transfer, assign, lease, or deal in a licence 17 $300 $500 $1,000 Obstruct or hinder any person in the exercise or performance of their duties 29 $300 $500 $1,000 UNCERTIFIED CONSOLIDATION City of Lacombe Bylaw 381 19 Schedule "C" Municipal Ticket UNCERTIFIED CONSOLIDATION