Business License Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 18193469a79f · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1. 2. ## BY-LAW 96-02 ## TOWN OF MCLENNAN ## PROVINCE OF ALBERTA OF THE TOWN OF MCLENNAN IN THE PROVINCE OF ALBERTA TO LICENSING AND CONTROL OF ANY BUSINESS WITHIN THE IOWN MCLENNAN. WHEREAS it is provided in and by the Municipal Government Act, Of of Alberta, 1995 and amendments thereto, that may license and control all businesses within the Town including the manner of operation, the nature of the the location thereof, and may license any of çich not the business has a business premises within the municipality. NOW THEREFORE the Council of the Town of Mclennan duly assembled enacts as follows: ## TITLE This Bylaw may be cited as "THE BUSINESS LICENSE BYLAW" of thé Town of Mclennan. ## DEEINITIONS - "Application" shall mean a written application for a business license as provided for by this bylaw. - occupation, employmentoss" shand and the pade protes fonds coupsetonces. - (c) "Business License" shall mean a license issued pursuant to this Bylaw. of - "Business Premises" shall mean a store, office, warehouse, enclosure. yaid or other place occupied or capable being occupied for the purpose of carrying on a business. - "Hawker/Peddler" shall mean any person whethei as principal of agent who: - (i) goes from house to house or business to business selling offering for sale any merchandise or services, or both, to any person; or - (ii) offers or exposes for sale to any person by means of samples, patterns, cuts or blueprints, merchandise oi services, or hoth, to afterwards delivered in and shipped into the municipality: or - ¡ii) sells merchandise or services, or both, on the streets or elsewhere than at a building that is his permanent place of business, but does not include any person selling meat, fruit or other farm produce that has been produced, raised or grown by himself, or fish of his own - (f) "Home Occupation" shall mean any occupation, trade. profession or craft carried on within a dwelling unit for gain or support which shall be a secondary use to the principal iesidential use and shall be restricted to the dwelling unit and approved accessory buildings. Approved Home Occupations shall be limited to those uses which do not interfere with the rights of other residences for the full enjoyment of a residential neighborhood. - "Type A Home Occupation" shall mean any Home Occupation - (i)| which is not classified a Type B or Type C Occupation.  TONN OF MCLENNAN, BY-LAW 96-42 Con't "Type B Home Occupation" shall mean offices in the home using the dwelling and/or accessory building as a professional or business office for gain or support by a person who occupies the dwelling as lis private residence. An office in the home shall be limited to a desk and telephone operation. Typical uses would include off site janitorial services, porta welding, single vehicle tucking, accountants and catalogue sales where there is at the residence no storage of goods, no direct client contact at the residence and no parking of more than one business vehicle at the residence. - "Type C Home Occupation" shall mean homecrafts for gain oi gain or support as a direct result of the extension of a hobby or child care services not exceeding five (5) children at any given time conducted within the dwelling at theil private residence. Homecrafts are secondary to This class does not Include personal commercial schools as parlors, barber shops and dance schools nor does 1t include home cooking and preserving tor gain or support. Typical uses include dress making, and similar domestic homecrafts. cnes manufacture of novelties and souvenirs, handicrafts, stamp and coin collectine and sales as an extension of a hobby. individual instruction to music students, the carrying out of minor household equipment within a dwelling and to have not more than (3) garage sales per calendar year. - "License Inspector" shall mean a person authorized by Council to carry out the provisions of this Bylaw. - (h) "Non-Resident" shall mean any business which does not have a permanent office or place of business in ...the Town of Mclennan. - "Resident" shall mean a business whose permanent office or place of business is industrial, or urban seivice district of the Iown. either a commercial, - (j) "Secretaiy Ireasurer" shall mean the Secretary Ireasurer of the Town of McLennan and anvone designated by the Secretary Treasurer to act on his behalf. - (k) "Town" shall mean the Town of Mclennan. - "Town Council" shall mean the Municipal Council of the Town of McLennan. - (M) "Town Manager" shall mean the Town Manager of the Town of Mclennan and anyone designated by the Town Manager to act on his behalf. ## REQUIREMENT OF A BUSINESS LICENSE - (a) No person shall carry on or operate any business within or parily within the Town of Mclennan without holding a valid and subsisting business license issued pursuant to the provisions of this Bylaw unless specifically exempted by law. - (b) The following businesses and organizations shall be exempt from 3(a): - registered charitable organizations; - religious groups; - service groups; - minor sports associations; - schools; - suppliers bringing billed goods to a licensed business for the purpose of resale. - scouts, bewaiga, galdes, and other similar organizations;  3. TOWN OF MCLENNAN BY-LAW 96-Ø2 Con't ## 4. LICENSE INSPECTOR - (a) The Town Council shall appoint a license inspector to carry out the provisions of this Bylaw. - (b) The duties of a license inspector are: - (i) receive and consider applications for business license; - (ii) to conduct investigations with regard to proposed applications where necessary; - (iii) to conduct inspections of business premises where necessary; - (iv) to collect business license fees pursuant to this Bylaw; - (v) to grant, with or without conditions, OI refuse business licenses where rpemed appropriate and for just and reasonable grounds; - (vi) to revoke business licenses grounds. Notice of for just and reasonable revocation may be made by personal service upon the holder of the business license or by sending the notice by single persons residence OT place registered mail to the of business; - (vii)| to commence plosecutions for violation of this Bylaw. ## LICENSE APPLICATIONS - (a) Every person applying for a business license shall submit to the license inspector a written "A" application 1 n the form attached to this Bylaw and signed by the applicant in the case of a corporation, its duly appointed agent. - (b) A business license for an existing business shall be renewed by the 31st day of January of each yeal . Renewal may be affected by a business license holder submitting · CO the license inspector the proper fees as provided by this Bylaw. ## PREREQUISITES FOR A BUSINESS LICENSE - (a) No business license shall be granted until applicant hold a valid development the Land Use Bylaw for the business. where required by - No business license shall be granted until such time as the applicant holds a valid Provincial or Federal License where required by law. - (c) No business license shall be granted until the applicant has submitted to the license inspector the proper fee as provided by this Bylaw. ## CONDITIONS OF A BUSINESS LICENSE - (a) Every business license issued under this Bylaw shall be posted in a conspicuous place in the business premises of the business license holder. - (b) In the case of a business operating one or more outlets in the same building only one business license shall be - On a construction project, all contractors, whether general or sub, will be required to obtain a business license.  5. 7. TOWN OF MCLENNAN BY-LAW 96-02 Con't - (d) Every person carrying on or engaged in any business in respect or which a license is required under this Bylaw, upon request of the license inspector, shall give to the license inspector all information necessary to enable him to carry out his duties. - (e) Every business license issued under the provisions of the Bylaw, unless revoked, shall terminate at midnight on the 31st day of December in the year in which the said license was issued. - Every business issued a license under the provisions of this Bylaw shall maintain in good standing the prerequisite conditions listed in Clause 6(a) and 6(b). - The Town shall maintain a list of licensed businesses for public inspection. ## OFFICIALS TO HAVE ACCESS TO LICENSED PREMISES The license inspector shall at all right, after being properly premises licensed under the provisions of this Bylaw for the purpose of inspection or for the purpose of the provisions of this Bylaw are being hindering, preventing or refusing such free person has demanded admission and established his authority shall be guilty of a breach of this Bylaw. ## TRANSFER OF LICENSE A license granted pursuant to the provisions of this Bylaw may, 1DOn approval from the license inspector, be transferred from one premise to another premise or from one person or company to another person or company upon the payment of a transfer fee of five ($5.0Ø) dollars to be paid at the time of application for rranster. ## APPEALS - (a) A person seeking a license may appeal to the Town Council in every case where application tor a business license has been refused or a business license has been revoked. - (b) An appeal from subsection (a) shall he mare by ·The applicant within thirty (30)| days after such refusal ol revocation. - (C) All appeals shall be made in writing addressed to the Secretary Treasurer of the Town of Mclennan and shall be dated as of the date received by the Secretary Treasurer. - (d) Town Council, after hearing the applicant, may: - (i) direct a business license be issued; - (iii) refuse to grant a business license; - (ii) direct a business license be issued with conditions; - (iv) uphold the revocation of a business license, on ground which appear just and reasonable. - (e) A decision of Town Council in respect of an appeal under this section shall be final and binding. ## LICENSE FEES The fee payable in respect of any license required under the provisions of this Bylaw shall be the amount set out in Schedule "B" to this Bylaw.  8. 9. 1Ø. 11. TOWN OF MCLENNAN BY-LAW 96-Ø2 Con't 12. 13. ## PENALTIES - (a) Any person violation any provision of this Bylaw shall be zuilty of an offense and liable on summary conviction: - (1) to a penalty of not less than Iwo Hundred ($208.Ø8) dollats and not more than Seven Hundred and Fifty ($750.0Ø) dollars and costs for the first offense; and - (ii) to a penalty of not less than One Hundred ($100.0Ø) dollars for every day the offense continues, exclusive of costs; - (b) As an alternative of (a) above, the license inspector or a Bylaw Enforcement Officer may enforce the provision of this Bylaw and may issue an offense ticket, pursuant to the Summary Convictions Act. to any person alleged to have committed one or more breaches. The offense tickets shall state the alleged offense and the amount of the appropriate fine as provided in schedule "C" which is attached to and forms part of this Bylaw. - (c) An offense ticket under Section "b" above may be issued by personal service upon the alleged offender or by leaving it at the residence of the alleged offender oI by sending it to the alleged offender by single registered mail. - (c) Where the offense is non payment of any license fee payable hereunder, court may adjust payment thereof in addition to the fine imposed. This Bylaw shall come into full force and effect on the passage of this Bylaw. READ a first time this day of Zaneany, A. D.. 1996. TOWN OF MCLENNAN    Fastere MAYOR Tuckad I Dunca SECRETARY TREASURER RRAD A second time this \_ day of Tlarch. .A.D., 1996. TOWN OF MCLENNAN    TOWN con't OF MCLENNAN BY-LAW 96-Ø2  READ a third time and finally passed March, A. D., 1996. this .! day of TOWN OF MCLENNAN   @ Faultin MAYOR Nickad I Dunca SECRETARY-TREASURER TOWN OF MCLENNAN Con't BY-LAW 96-Ø2 ## TOWN OF MCLENNAN BUSINESS LICENSE APPLICATION - SCHEDULE "A" BY-LAW 96-Ø2 APPLICANT INFORMATION: Name of Applicant: Mailing Address: Home Phone No. Provincial License # if Applicable: ==== == BUSINESS INFORMATION: Name of Business: Business Description: Business Location: Phone No: Mailing Address: Resident: Non Resident: Type of License: - [ ] a). Hawker/Pedlar c) . Home Occupation Fee Payable: Alternate Phone No: b) . c). Contractor Other - [ ] Day (s) - [ ] 1 Year @ @ $\_ / 1 Year /Day Signature of Receiver Signature of Applicant ** OFFICE USE ONLY** Development Permit Issued: Land Use District: Date Approved/Refused: - Approved By: Comments: License # Annual Renewal: hatec a tape - [ ] YASINO Applied:  TOWN OF MCLENNAN BY-LAW 96-Ø2 Con't LICENSE FOR: Hawker/Peddler - Daily - Yearly All Other Businesses Resident 30.0 140. 0 $ 100.00 Non-Resident $ 6Ø.Ø0 $420.00 $120.Ø0  TOWN OF MCLENNAN SCHEDULE "B" BY-LAW 96-02  1. 2. ## AMENDING BY-LAW 98-Ø1 ## TOWN OF MCLENNAN ## PROVINCE OF ALBERTA BY-LAW OF THE TOWN OF MCLENNAN IN THE PROVINCE OF ALBERTA 96-Ø2, THE LICENSING AND CONTROL OF ANY BUSINESS WITHIN THE TOWN OF MCLENNAN. WHEREAS it is provided in and by the Municipal Government McLennan the To nature Tenthe operatudi and hene" location operation, nd may license any or all such businesses whether thereot, he OI not business has a business premises within the municipality. NOW THEREFORE, assembled the Council of the Town of Mclennan duly enacts as follows: ## RATES: - (3) There is a rate of $100.ØØ yearly for local or out-of-town businesses conducting business within the Town of McLennan. 2. (b) Peddlars rate of $35.ØØ per day or $10Ø.ØØ yearly. New Businesses: rate established by starting quarter. January - March $100.00 April - June 75.00 July - September 50.ØØ October - December 25.00 ## MULTIPLE BUSINESSES: - (a) Multiple Businesses person/family/company operating in one location requires one license only. - (b) Multiple Businesses owned by 01 P person/family/company operating in more than one location requires a license fOI each business. - Multiple Businesses operating one location but as separate businesses require a license for each business. READ a first time in Council this 9ch day of February, 1998. second time in Council this 9th day of February, READ 1998. READ a third time Council this 9th day of February, 1998. TOWN OF MCLENNAN   tom Faulti MAYOR Anel Dayus SECRETARY-TREASURER