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unofficial consolidation, the official version is held by the municipal clerk.
Amended by:
Bylaw 4833 -
Dec 17, 2024
BYLAW NO. 2339
CONSOLIDATION OF A BYLAW OF THE CITY OF MEDICINE HAT to control and
regulate businesses and industries within the City of Medicine Hat.
NOW THEREFORE THE MUNICIPAL CORPORATION OF THE CITY OF MEDICINE
HAT IN COUNCIL ASSEMBLED ENACTS AS FOLLOWS:
1.
This Bylaw may be cited as the Licensing Bylaw.
2.
DEFINITIONS
In this Bylaw, unless the context otherwise requires, and whether or not the
defined terms are capitalized herein:
"Adult Entertainment" means a Business that provides entertainment, goods
or services that appeal to or stimulate, or are intended to appeal to or
stimulate, the prurient interests or erotic desires of its customers or patrons,
whether or not that is a principal use, but does not include a Business that
holds a valid and subsisting License under the Escort Service Bylaw and
does not include a retail Business that provides goods of that kind (including
printed, audio recorded or video recorded material) if a Person authorized to
represent the Business is able to show on a balance of probabilities that:
(a)
not more than 30% of the retail floor area of the Business contains
goods of that kind;
(b)
the total number of goods of that kind on the premises does not at any
time exceed 30% of the total number of all goods on the premises that
are available for inspection, sale, rental or loan;
(c)
goods of that kind are at all times kept physically separate from all
other goods on the premises that are available for inspection, sale,
rental or loan; and
(d)
goods of that kind are not sold, rented or loaned to, or made available
for inspection by, Persons under the age of eighteen (18) years.
"Alcohol Sales (Consumption On-Premises / Minors Allowed)" means a
Business that sells or provides alcoholic beverages for consumption on the
Premises, where Minors are allowed in all areas of the Premises during all
hours of operation.
"Alcohol Sales (Consumption On-Premises / Minors Prohibited)" means a
Business that sells or provides alcoholic beverages for consumption on the
Premises where Minors are prohibited from at least some portion of the
Premises during some portion of the hours of operation.
"Applicant" means any Person who makes an application for any License
under the provisions of this Bylaw.
PAGE 2 OF BYLAW NO: 2339
"Business" means an activity or enterprise conducted for gain, benefit,
advantage, or livelihood, including every trade, industry, occupation,
employment, and the providing of goods and services, and without restricting
the generality of this definition, it includes the activities specifically
enumerated in Schedule "B" of this Bylaw.
"Bylaw Enforcement Officer" means any individual employed by the City as
a police officer, bylaw enforcement officer, community peace officer or
Inspector.
"Cannabis" has the meaning given to the term in the federal Cannabis Act
(Canada), and associated regulations, as amended.
"Cannabis Production and Distribution Facility" means any Person who
carries on a Business used for the production, cultivation, and growth of
Cannabis; the processing of raw Cannabis materials; the making, testing,
manufacturing, assembling or in any way altering the chemical or physical
properties of semi- finished or finished Cannabis goods and products; the
storage or transshipping of Cannabis materials, goods and products; or the
distribution and sale of Cannabis materials, goods and products to Cannabis
Retail Stores or to individual customers, but does not include a Cannabis
Retail Store.
"Cannabis Retail Store" means any Person who carries on a Business used
for the retail sale of Cannabis that is authorized by provincial or federal
legislation, but. does not include Cannabis Production and Distribution
Facility.
"Carnival" means any entertainment or festivity where rides and/or games of
chance are made available to the public for a fee.
"Chief Administrative Officer" means the Chief Administrative Officer,
operating under the title "City Manager", for the City and includes any
individual to whom the Chief Administrative Officer's powers are delegated
or any individual appointed to act in the absence of the Chief Administrative
Officer.
"Circus and other Entertainments" includes circus, circus riding, menageries,
exhibitions, sideshows, midways.
"Chief of Police" means the Chief of Police of the Medicine Hat Police
Service, and includes any individual designated by the said Chief of Police
to perform such duties with respect to this Bylaw.
"City" means the municipal corporation of the City of Medicine Hat, or the
area contained within the boundary thereof, according to the context in which
the term is used.
"Construction, Contracting, and Labour Services" means a Business that
performs, provides, or manages work, and may supply related materials in
PAGE 3 OF BYLAW NO: 2339
relation to the construction, assembly, demolition, inspection, cleaning, or
maintenance of residential or commercial buildings, land, structures,
infrastructure, or electrical or mechanical systems. This includes trades for
which journeyman/master's certification is available (irrespective of whether
the applicant is a certified journeyman).
"Council" means the Council of the City.
"Craft Show" means a group of five or more individuals at a single location,
for a period of not more than two weeks, displaying to the public the
handmade craftwork, clothing, food or artwork that they have available for
sale.
"Debt Repayment/Payday Loans" includes any Person, firm or corporation
engaged in the Business of lending money and who takes security for the
repayment thereof.
"Farmers Market" means a Business that organizes a market approved as
an Alberta Approved Farmers' Market in accordance with the Public Health
Act (Alberta), Food Regulation. A Licence for a Farmers' Market is a valid
Licence for vendors operating on the Premises and within the Farmers'
Market while the Farmers' Market is in operation.
"Garage Sale" means the displaying and offering for sale of five or more
items of goods, wares or merchandise (other than boats, motor vehicles or
recreational vehicles of any kind) on private residential property.
"General Business" means a Tier 2 Business as identified in Schedule "B".
"Hotel or Motel" means a Business that offers temporary lodging on the
Premises but does not include lodging in a private dwelling or other
residential property.
"Inspector" means the individual or individuals appointed from time to time
as License Inspectors of the City.
"Kiosk" means a stall, table, booth or other type of readily movable Business
premises, not affixed to real property and occupied or operated for the
purpose of providing services or of displaying and offering for sale any
goods, wares or merchandise.
"Large Format Retailer" means a Business that sells new goods or rents
items to consumers or end users, and has a total gross floor area of
50,000sqft or more.
"License" means a license issued under the provisions of this Bylaw, and for
the
purposes of Section 5.2 includes a card or other type of document
issued by the Inspector.
PAGE 4 OF BYLAW NO: 2339
"License Year", in relation to any License issued under the provisions of this
Bylaw, means a period of 365 consecutive days commencing the day on
which the License is issued.
"Licensee" means a Person holding a valid License issued pursuant to this
Bylaw.
"Liquor Retail Store" means a Business that sells, provides, imports, exports,
or distributes alcoholic beverages for consumption off the Premises.
"Location" means within 100 meters from the previous setting up.
"Minor" means a Natural Person under the age of eighteen (18) years.
"Mobile Food Vendor" means a Business that sells prepared or packaged
food or beverages directly to consumers from place to place, or from a
temporary location where the public has an expected right of access.
"Mobile Food Unit" means a cart, trailer, or a vehicle-mounted foodservice
establishment designed to be readily movable.
"Motor Vehicle Repair, Maintenance or Modification" means a Business that
repairs, rebuilds, restores, maintains, inspects, cleans, modifies, or
customizes motorized or non-motorized vehicles, including private
passenger vehicles, commercial vehicles, off-highway vehicles, recreational
vehicles, motorcycles, boats, and trailers, but does not include services
related to bicycles, e-bikes, e-scooters, small engines, or industrial
equipment sales, rental, and repair.
"Natural Person" means an individual human being.
"Non-Resident" means a Person who is not a Resident.
"Pawnbroker" means any Person who lawfully exercises the trade of
receiving or taking goods as security for the repayment of money lent
thereon.
"Person" means a Natural Person or a body corporate, and includes a
partnership, a firm, an association or other group of persons acting in
concert.
"Premises" means the store, office, warehouse, factory, building, enclosure,
yard or other place occupied or capable of being occupied, by any Person
for the purpose of any Business.
"Resident" means:
(a)
a Natural Person who has resided in the City, or within thirty-five (35)
kilometres of the City, for at least three (3) months; or
(b)
a Person who has both
PAGE 5 OF BYLAW NO: 2339
(i)
carried on Business, and
(ii)
maintained a place of Business in the City for a continuous
period of at least three (3) months.
"Residential Development" means any district designated residential in the
City of Medicine Hat Land Use Bylaw.
"Roadway" means a highway as defined in the Traffic Safety Act R.S.A.
2000c.T-6, as amended or replaced from time to time.
"Small Format Retailer" means a Business that sells new goods or rents
items to consumers or end users and has a total gross floor area of less than
50,000sqft.
"Trade Show" means a group of five or more Persons at a single location,
for a period of not more than two (2) weeks, displaying to the public the types
of goods, wares, merchandise, food or services that they have available for
sale but does not include a Craft Show.
"Travelling or Temporary Sales" means a Business that sells goods or
services directly to consumers from place to place, from a temporary location
where the public has an expected right of access, from a vending machine,
or at a consumer's place of residence.
3.
REQUIREMENT OF LICENSE
3.1
No person shall carry on or operate a business which is either wholly within
or partly within and partly outside the City unless he holds a valid and
subsisting license so to do issued pursuant to this Bylaw.
3.2
Any person engaged in or carrying on one or more different businesses
either separately or together shall buy a license for each business.
3.3
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.
Amended by:
3.4
No permit or approval shall be issued under:
Bylaw 2992
Oct. 2, 1995
(a)
Bylaw No. 1678 (the City of Medicine Hat Building Permit Bylaw);
(b)
Bylaw No. 2126 (the Plumbing and Drainage Regulation Bylaw); or
(c)
any City bylaw pursuant to which permits or approvals are issued for
work involving electrical or gas connections
unless the applicant is the holder of a subsisting business license under this
Bylaw in respect of the type of work in question.
4.
EXCEPTIONS
This Bylaw shall not apply to:
(a)
a club incorporated by Private Act of the Legislature of Alberta, or
Amended by:
(b)
any institution, association or other entity which is not conducted for gain,
PAGE 6 OF BYLAW NO: 2339
Bylaw 4172
as determined by the Chief Administrative Officer.
Jun. 18, 2013
(c)
members of any professional association regulated by members of their own
profession pursuant to a provincial statute.
5.
APPOINTMENT AND DUTIES OF LICENSE INSPECTOR
5.1
The City Council may, by Resolution, appoint such Inspectors as may be
required to carry out the provisions of this Bylaw.
5.2
An Inspector is authorized to:
(a)
receive, consider and deal with all applications for a license and
transfers thereof,
(b)
record such information with respect to licenses as may be
considered necessary by him,
(c)
periodically visit and inspect business premises for the purpose of
ascertaining whether the proprietor of such premises is complying
with the provisions of this or any other applicable Bylaw,
(d)
refuse to grant a license or, to revoke or suspend any license if, in
his opinion, there are just and reasonable grounds for the refusal of
the application or for the revocation of suspension of the license
subject to the right of the applicant to appeal the refusal, revocation
or suspension to Council,
(e)
issue a license, with or without conditions, upon payment of the
appropriate fee.
5.3
Where a license is revoked or suspended, an Inspector shall notify the
licensee of such revocation or suspension and the reason or reasons for
same.
6.
PROCEDURE FOR APPLICATION
6.1
All applications for licenses pursuant to this Bylaw shall be made to the
Inspector on the form provided for that purpose.
6.2
All applications for licenses shall give the description in detail of the
premises in or upon which the applicant intends to carry on the business,
trade, profession or other occupation in respect of which he has made an
application for a license; and no person to whom a license has been granted
shall carry on such business, trade, profession or other occupation in or
upon any premises other than those set forth on the said application and
license without first making an application pursuant to this section for a new
license or a transfer of such license as hereinafter provided.
6.3
All premises in or upon which the applicant proposes to carry on or conduct
any business, trade, profession or other occupation in respect of which he
is required to hold a license pursuant to the provisions of this Bylaw shall
first be approved by the Inspector and the applicant shall, upon request,
produce such certificates or letters of approval as may be required by
federal, provincial or municipal authorities, before any such license is
granted.
PAGE 7 OF BYLAW NO: 2339
7.
TRANSFER OF LICENSES
7.1
Any person desiring to obtain a transfer of any license, or interest in any
license, issued pursuant to this Bylaw and held by another person, shall
make an application the same as that required to obtain a license under this
Bylaw; and the powers, conditions, requirements and procedures relating to
the granting and refusal of licenses and appeals thereon, shall apply.
7.2
No person who purchases the interest of, or part of the interest of, any
person licensed pursuant to this Bylaw shall carry on or continue such
business, trade, profession or other occupation without first having obtained
a transfer of license or a new license.
7.3
No person to whom a license has been issued under this Bylaw shall change
the location of the premises in which he carries on his business, trade,
profession or other occupation without first having applied to the Inspector
to have his license altered; and the powers, conditions, requirements and
procedure relating to the granting or refusal of licenses and appeals thereon,
shall apply to all such applications.
Amended by:
7.4
Any person desiring to obtain a transfer of any license issued pursuant
Bylaw 2391
to this bylaw, or any other bylaw of the City, shall be required to pay a
May 6, 1985
processing fee in the sum of $10.00.
7.5
A non-resident is not allowed to transfer his or her license.
8.
LICENSE FEES AND DURATION OF LICENSES
8.1
The fees payable for a license issued under the provisions of this Bylaw
shall be:
(a)
the fees specified in Schedule "A" in accordance with the tier the
Business falls into as specified in Schedule "B".
8.2
Every license issued under the provisions of this Bylaw is valid and
subsisting for a license year, unless:
(a)
the license specifically states that it is valid for some period of time
other than a license year, under the provisions of this or any other
bylaw; or
(b)
the license has been sooner revoked, suspended or cancelled.
8.3
Where a Business has more than one (1) Business category, the fee
corresponding with the highest applicable tier under Schedule "B" will
be the Licence or renewal fee, Tier 1 being the lowest and Tier 5 being
the highest.
9.
POSTING OF LICENSES
Every license issued pursuant to this Bylaw shall be posted in a conspicuous place
on the premises or on the thing or article in respect of which the license is issued.
10.
REVOCATION AND SUSPENSION OF LICENSES
Amended by:
Bylaw 4833
Dec 16, 2024
Amended by:
Bylaw 4833
Dec 16, 2024
PAGE 8 OF BYLAW NO: 2339
10.1
This section is in addition to the power of revocation and suspension given
to the Inspector in Clause 5.2.
Amended by:
10.2
If a licensee is convicted twice in a license year of a breach of any of the
Bylaw 2794
provisions of this Bylaw any license issued to such licensee pursuant to
Dec. 21, 1992
the provisions of this Bylaw shall be ipso facto cancelled.
10.3
If a licensee is convicted:
(a)
of an offence under the provisions of the Criminal Code with respect
to houses of ill fame or bawdy houses, or slot machines, or betting
or gaming houses, or
(b)
of an offence which by its nature is, in the opinion of the Chief of
Police, facilitated by the type of licensed business carried on by the
convicted licensee,
the license issued to such licensee under the provisions of this Bylaw shall
ipso facto be cancelled.
10.4
Upon request by the Medical Officer of Health or the Building Inspector so
to do, the License Inspector shall suspend the license of any licensed
premises concerned and shall not reinstate such licensee until the Medical
Officer of Health or the Building Inspector certifies that the premises
concerned are again fit to be used.
11.
APPEALS FROM DECISIONS OF LICENSE INSPECTOR
11.1
In every case where:
(a)
an application for a license has been refused,
(b)
a license has been issued, subject to conditions,
(c)
a license has been revoked, or
(d)
a license has been suspended,
the applicant may appeal to City Council.
11.2
An appeal pursuant to Clause 11.1 shall be made in writing addressed to
the City Clerk and shall be made within ten (10) days after date of the
refusal, revocation, suspension or date upon which the license was issued
subject to conditions.
11.3
The Notice of Intention to Appeal shall state in concise fashion the several
grounds upon which the appeal is based.
11.4
Council after hearing an appeal pursuant to Clause 11.1 may:
(a)
direct a license be issued without conditions,
(b)
direct a license be issued with conditions,
(c)
uphold the decision of the License Inspector on grounds which
appear just and reasonable to Council.
12.
SPECIFIC REGULATIONS REGARDING CERTAIN BUSINESSES
12.1
In addition to the general provisions of this Bylaw, including the requirement
of a business license, the businesses dealt with in this part are also subject
to the following regulations:
PAGE 9 OF BYLAW NO: 2339
12.2
Travelling or Temporary Sales
(a)
The Inspector may impose such terms and conditions as they
consider reasonable on a Travelling or Temporary Sales License
including, subject to the provisions of Section 12.2 (c), a requirement
that a Person carry a card or other type of document issued by the
Inspector while carrying on business in Travelling or Temporary
Sales.
(b)
A Travelling or Temporary Sales License may be issued to a Person
other than a Natural Person.
(c)
The Inspector shall refer:
(i)
every Applicant for a Travelling or Temporary Sales License,
and
(ii)
every Person who wishes to carry on Travelling or Temporary
Sales as an employee or agent, to the Medicine Hat Police
Service for a criminal record check, and the Inspector shall
not:
(iii)
issue a Travelling or Temporary Sales License; or
(iv)
issue a card or other type of document to authorize any
Person to engage in Travelling or Temporary Sales if the
Person has within the preceding two (2) years been found
guilty of theft, fraud, possession of stolen property or any
other criminal offence involving an imputation of dishonest or
fraudulent conduct, in Canada or in any other country so far
as the Inspector is able to determine with the assistance of
the Medicine Hat Police Service.
(d)
Section 12.2 (c) shall not be construed or interpreted to derogate
from the discretion of the Inspector under Section 5.2 (d) to:
(i)
refuse to grant a License or to issue a card or other type of
document to a Person who has been convicted of a criminal
offence of a type other than that specified in Section 12.2 (c),
or
(ii)
refuse to grant a License or to issue a card or other type of
document to a Person who has been convicted of a criminal
offence of a type mentioned in Section 12.2 (c), more than
two years (2) before the date on which the application is
made.
(e)
No Person shall carry on the business of Travelling or Temporary
Sales except between the hours of 9:00 o'clock a.m. and 8:00 o'clock
p.m. on a day other than a statutory holiday.
(f)
Every Person carrying on Travelling or Temporary Sales must at all
times have in his or her possession proof of authorization under this
Bylaw to carry on such Business.
Amended by:
Bylaw 4833
Dec 16, 2024
PAGE 10 OF BYLAW NO: 2339
12.3
Carnivals, Circus and other Entertainments
(a)
The Licensee, Manager, Agent or person in charge of every carnival
or circus or other show above mentioned, before opening for public
admission, shall permit the License Inspector and Chief of Police or
any member of the City Police Department to examine all exhibits
and shall give to the examining official or officials, full information
with regard to all exhibits and performances, and if the said
examining officials are of the opinion that any exhibit, performance
or entertainment amounts to an imposition upon the patrons or the
respective patrons thereof, or is in the nature of a "sell" or "fake" such
exhibit, performance, or entertainment shall not be permitted to take
place.
(b)
Before the Licensee, Manager, Agent or person in charge of any
carnival or circus as herein defined shall be entitled to a license for
said circus he must produce to the satisfaction of the License
Inspector proof that the carnival or circus carries a public liability
policy for an amount of not less than $1,000,000.00.
12.4
Construction, Contracting, and Labour Services
(a)
For the purposes of this Bylaw and notwithstanding any other
definition of resident herein contained, a general contractor,
project manager, building construction sub-contractor or
mechanical tradesperson shall be deemed a Resident if said
Person's permanent place of Business is located within a
twenty-four (24) kilometre radius of the City.
(b)
Upon request of the Inspector a Person making application
for a building permit shall furnish a list disclosing the general
contractor or project manager, subcontractors, mechanical
tradespersons and materials suppliers in respect of the
project.
(c)
An Applicant for a License to carry on Business as
Construction, Contracting, and Labour Services in respect of
a specific construction or renovation project or projects must
provide to the Inspector a complete and accurate list of all
Persons that the Applicant anticipates using as
subcontractors or materials suppliers on the project or
projects, including the addresses and telephone numbers of
such Persons.
(d)
The Inspector may at any time request a holder of a
subsisting Construction, Contracting, and Labour Services
License to provide a complete and accurate list of all Persons
that the Licensee is then using as subcontractors or materials
suppliers on any construction or renovation project
supervised or managed by the Licensee, including addresses
and telephone numbers of such Persons, and refusal to
supply such a list or failure to supply the list within a
Amended by:
Bylaw 4833
Dec 16, 2024
PAGE 11 OF BYLAW NO: 2339
reasonable time after the request is made, shall be grounds
for the Inspector to revoke the Licensee's License to carry on
the Business of Construction, Contracting, and Labour
Services.
(e)
In the case of a mechanical trade, no License shall be issued
to an individual or company until the Inspector is satisfied that
either:
(i)
the individual or company, or
(ii) an officer or shareholder of the company actively engaged
by the company, or
(iii) an employee of the individual or company actively
engaged by the individual or company, is the holder of a
Trade Certificate under the Apprenticeship and Industry
Training Act (Alberta) in which the individual or company
wishes to engage.
(f)
Any License granted to an individual or company under this
section 12.4 is granted subject to the following conditions:
(i)
If the License was granted to an individual or company
based upon the qualifications under Subsection (e), and
the individual or company ceases to be actively engaged
in the Business or ceases to be so qualified the License
shall be revoked.
(ii) If the License was granted based upon the qualifications
of an officer or employee actively engaged by the
individual or company and that Person ceases to be
actively engaged by that individual or company or ceases
to be qualified, the License shall be revoked.
(g)
No Person having the qualifications required under
Subsection (e) of this section shall allow such qualification to
be used as a basis for obtaining a License if such
qualifications have previously been used to obtain another
License which is still subsisting.
12.5
Repealed.
12.6
Repealed.
12.7
Repealed.
Amended by:
12.8
Repealed.
Bylaw 3484
May 4, 2004
Amended by:
12.9
Repealed.
Bylaw 3484
May 4, 2004
Amended by:
12.10 Garage Sales
Bylaw 2755
Oct. 21, 1991
(1)
A maximum of two garage sales in each calendar year may be
PAGE 12 OF BYLAW NO: 2339
conducted on each private residential property in the City.
(2)
A garage sale must not be conducted for a period of more than three
days, whether consecutive or not.
(3)
A person who contravenes the provisions of this section by:
(a)
using or allowing to be used residential property owned or
occupied by the person for more than two garage sales in a
calendar year, or
(b)
using or allowing to be used residential property owned or
occupied by the person for a garage sale lasting more than
three days
is guilty of an offense and liable upon summary conviction to pay a
fine of not less than $50.00 and not more than $2,500.00 or to be
imprisoned for not less than three (3) days in default of payment of
the fine.
Amended by:
12.11 Kiosks and Trade Shows
Bylaw 2755
Oct. 21, 1991
(1)
Subject to the provisions of section 12.11 (3) a resident who wishes
to carry on business at a kiosk must be the holder of a subsisting
Kiosk License.
(2)
Repealed.
(3)
A person who owns or occupies a building in which five or more
businesses are located is entitled, upon payment of the prescribed
fee set out in Schedule "A", to obtain an annual license described as
a Mall Kiosk License under which an unlimited number of persons
may carry on business from kiosks in the building without any
additional licensing requirement apart from the Mall Kiosk License.
(4)
A person who is a participant in a Trade Show is entitled to
(a)
accept orders or payments of money at the Trade Show
location for performance of services or for delivery of goods,
wares or merchandise at another location, or
(b)
sell or attempt to sell any goods, wares, merchandise or
services for immediate delivery or performance at the Trade
Show location,
without any additional licensing requirement apart from the Trade
Show license.
Amended by:
12.12 Cannabis Production and Distribution Facility
Bylaw 4495
Aug. 21, 2018
(1)
In addition to any other requirements under this Bylaw, before the
issuance of a License for a Cannabis Production and Distribution
Facility, a Person must submit to the License Inspector proof
satisfactory to the License Inspector that the Business has obtained
approval to operate as a Cannabis Production and Distribution
Facility from the federal government.
(2)
A Cannabis Production and Distribution Facility shall not display or
sell Cannabis.
PAGE 13 OF BYLAW NO: 2339
(3)
If federal approval for a Licensee who holds a License for a Cannabis
Production and Distribution Facility
(a)
is cancelled or expires at any time during the term of the
License for the Cannabis Production and Distribution Facility,
then the License is deemed to be immediately cancelled
without prior notice to the Licensee; or
(b)
is suspended at any time during the term of the Licence for
the Cannabis Production and Distribution Facility, then the
Licence is deemed to be immediately suspended without
prior notice to the Licensee and will remain suspended until
the federal suspension is lifted by the federal government.
(4)
A Cannabis Production and Distribution Facility Licence must not be
issued in connection with:
(a)
a residential dwelling unit or any premises located in a
residential land use district as described in the City's Land
Use Bylaw; or
(b)
a mobile business unit.
Amended by:
12.13 Cannabis Retail Store
Bylaw 4495
Aug. 21, 2018
(1)
A Licensee shall not sell or display Cannabis until
(a)
the Licensee has obtained approval from the provincial
government to conduct Cannabis retail sales; and
(b)
the Cannabis Act (Canada) has been proclaimed into force.
(2)
A Cannabis Retail Store License does not authorize the growing,
producing, processing, testing, destroying or distribution of
Cannabis.
(3)
A Cannabis Retail Store Licensee shall not allow the delivery of
Cannabis from a Cannabis Retail Store to another location for
consumption.
(4)
If provincial approval for a Licensee who holds a License for a
Cannabis Retail Store
(a)
is cancelled or expires at any time during the term of the
License for Cannabis Retail Sales, then the License is
deemed to be immediately cancelled without prior notice to
the Licensee; or
(b)
is suspended at any time during the term of the License for
Cannabis Retail Store, then the License is deemed to be
immediately suspended without prior notice to the Licensee
and will remain suspended until the provincial suspension is
lifted by the provincial government.
(5)
A License for a Cannabis Retail Store must not be issued in
connection with:
(a)
a residential dwelling unit or any premises located outside the
Cannabis Retail Store Overlay as described in the City's
Land Use Bylaw; or
PAGE 14 OF BYLAW NO: 2339
(b)
a mobile business unit.
12.14 Mobile Food Vendor
(a)
A Mobile Food Vendor shall obtain and maintain a valid
License for each Mobile Food Unit.
(b)
A Mobile Food Vendor, while carrying on Business, shall
display the License on the applicable Mobile Food Unit. Before
a License can be issued or renewed the Applicant must provide
the following documents to the Inspector for each Mobile Food
Unit:
(i)
Written approval from Alberta Health Services.
(ii)
Written approval from the City's Safety Codes Services.
(iii)
Written approval from Medicine Hat Fire Service.
(iv)
A copy of the registration with license plate number and
the gross vehicle weight (GVW) of the Mobile Food
Vendor Unit; GVW cannot exceed 6500 kgs.
(c)
A Mobile Food Vendor must dispose of all grey water at the
City's bulk industrial water station and wastewater disposal
station located at 1257 Brier Park Way NW.
(d)
A Mobile Food Vendor must not carry on Business on private
property without obtaining the prior written consent of the
private property owner or occupier of the private property
owner or occupier.
(e)
A Mobile Food Vendor must not carry on Business on City
owned property without obtaining the prior written consent from
the City department in care or management of that property,
other than a Roadway, if legally parked.
(f)
The following locations are NOT available for Mobile Food
Vendors to operate at as they have concessions services: Big
Marble Go Centre, Echo Dale Regional Park, Athletic Park,
and Gas City Campground. In addition, the following locations
are NOT available to operate at when the renter of the location
has an operating concession: Moose Ball Complex, Ross Glen
Towne Centre, Kin Coulee Kinette Picnic Shelter, and Kin
Coulee Toboggan Hill Picnic Shelter.
(g)
Written permission of the private property owner or occupier
must be immediately provided by a Mobile Food Vendor to an
Inspector upon request, as applicable.
(h)
Subject to subsection (f), a Mobile Food Vendor may carry on
Business on private or public property at any location where
the Mobile Food Vendor has obtained the consent of the
property owner or occupier in writing, except the following:
(i)
Within three (3) metres of a building entrance or exit;
Amended by:
Bylaw 4833
Dec 16, 2024
PAGE 15 OF BYLAW NO: 2339
(ii)
Within six (6) metres of an intersection;
(iii)
Within three (3) metres of a back alley or lane;
(iv)
Within three (3) metres of another pushcart or food
service location;
(v)
Where the location of the pushcart and its operator does
not leave a minimum pedestrian passageway of 2.5
metres between the closest of the pushcart or its
operator and the curb or building;
(vi)
Where the pushcart or its operator obstruct a transit
zone, fire hydrant, driveway, loading zone, or
emergency access;
(vii)
Within ten (10) metres of the property line of any
Residential Development; or
(viii)
Within ten (10) metres of existing eating establishment
and the vehicle is not parked over night at vending
locations, unless as part of a public event.
(i)
Liability insurance coverage in the amount of two million
($2,000,000.00) dollars per claim with the City named as an
additional insured must be established and a certificate of
insurance delivered in advance to the City.
(j)
A Mobile Food Vendor must provide adequate garbage
receptacles. Litter and garbage must be cleaned up and
removed from City lands and disposed of at the landfill.
(k)
Electrical power access will not be provided by the City for a
Mobile Food Vendor.
(l)
A Mobile Food Vendor must contact special event or festival
organizers directly to obtain prior permission to take part in an
event if City property is booked.
(m)
A Mobile Food Vendor can operate from a Roadway if they are
legally parked and the window servicing the customer is facing
the sidewalk. Customers cannot be allowed to enter the
Roadway for any reason.
(n)
A Mobile Food Unit cannot be configured to permit customers
to order or consume foods and beverages inside the motor
vehicle.
(o)
Mobile Food Vendors are prohibited from parking or stopping
longer than five (5) minutes in any Residential Development.
(p)
Mobile Food Vendors wishing to attend any public event must
first contact the event organizers directly to obtain permission
to take part in an event on public property.
(q)
A Mobile Food Vendor must clean up after service within a one
(1) block area, and in surrounding areas as directed by an
Inspector.
(r)
A Mobile Food Vendor may be required to move locations as
PAGE 16 OF BYLAW NO: 2339
directed by a Bylaw Enforcement Officer for safety reasons.
(s)
Notwithstanding parking restrictions or landowner consent,
Mobile Food Vendors are not to stay at any one location and
vend for a period of greater than four (4) hours unless they are
part of a special event.
13.
OFFENCES AND PENALTIES
Amended by:
13.1
A person who
Bylaw 4104
Oct. 8, 2013
(a)
carries on or operates a business without a valid and subsisting
license issued under this bylaw;
(b)
violates a business license condition imposed by an Inspector; or
(c)
contravenes any other provision of this Bylaw
is guilty of an offence and liable upon conviction to pay a fine of not less
than the specified penalty as set out in this Bylaw and not more than $10,000
or in default of payment to imprisonment for a period of not more than one
year.
Amended by:
13.2
Where a Bylaw Enforcement Officer believes on reasonable and probable
Bylaw 4104
grounds that a person has
Oct. 8, 2013
(a)
carried on or operated a business without a valid and subsisting
license issued under this bylaw;
(b)
violated a business license condition imposed by an Inspector; or
(c)
contravened any other provision of this Bylaw
the Bylaw Enforcement Officer may commence proceedings by issuing a
summons by means of a violation ticket in accordance with Part 2 of the
Provincial Offences Procedure Act R.S.A. 2000 c. P-34.
Amended by:
13.3
The specified penalty in respect of an offence under Subsection 13.1(a)
Bylaw 4104
shall be the greater sum of $250 or 50% of the annual license fee charged
Oct. 8, 2013
for the business in question.
Amended by:
13.4
The specified penalty for every offence other than an offence under
Bylaw 4104
subsection 13.1(a) shall be $200.
Oct. 8, 2013
Amended by:
13.5
Pursuant to subsection 27(2)(d) of the Provincial Offences Procedures Act,
Bylaw 4104
if the summons issued by a Bylaw Enforcement Officer under section 13.2
Oct. 8, 2013
so provides, the person named in a summons may make a voluntary
payment in the specified amount set out in section 13.3 or 13.4 as the
case may be, and upon making the voluntary payment, that person is not
required to appear before a justice to answer the summons.
Amended by:
13.6
Each day, or part of a day, that an offence under this Bylaw continues
Bylaw 4104
constitutes a separate offence.
Oct. 8, 2013
Amended by:
13.7
It is the intention of the Council that each separate provision of this Bylaw
Bylaw 4104
shall be deemed independent of all other provisions and it is further the intention
Oct. 8, 2013
of the Council that if any provision of this bylaw be declared invalid, all other
provisions shall remain valid and enforceable.
PAGE 17 OF BYLAW NO: 2339
14.
REPEAL OF BYLAW 1468
Bylaw No. 1468 and all amendments thereto are hereby repealed.
15.
EFFECTIVE DATE OF BYLAW
(a)
The intention of Council is that Schedules "A" and "B" attached hereto be
retroactive in their effect and said Schedules are hereby deemed to have
received Third Reading and come into force as of the 31st day of December
A.D., 1983.
(b)
All of the other aspects of this Bylaw shall come into force as of the 19th day
of March A.D., 1984.
READ A FIRST TIME in Open Council this 5th day of March A.D. 1984
READ A SECOND AND THIRD TIME AND FINALLY PASSED in Open Council this 19th
day of March A.D. 1984
PAGE 18 OF BYLAW NO: 2339
SCHEDULE "A" TO BYLAW NO. 2339
AS AMENDED BY BYLAW NO. 4833
GENERAL NOTES
1. Applicants who dispute a fee may request a review by the City Planner and Director of
Development Services. The decision of the City Planner may be appealed to the City
Manager. The decision of the City Manager will be final and binding.
2. All fees listed above are GST exempt except where specifically noted.
Schedule "A"
Business License Fees
2025
2026
Notes
Tier 1 License
1 year License
$50.00
$50.00 Must provide proof of exemption.
Tier 2 License
1 year License
$200.00
$225.00
3 year License
$500.00
$550.00 At the discretion of the Inspector. No refunds if business closes early.
Tier 3 License
1 year License
$400.00
$450.00
3 year License
$1,000.00
$1,100.00 At the discretion of the Inspector. No refunds if business closes early.
Tier 4 License
1 year License
$800.00
$900.00
Tier 5 License
1 year License
$2,500.00
$2,750.00
Non-Resident Fee (in addition to Tier
License)
$500.00
$500.00
Administration Fee
$55.00
$55.00
PAGE 19 OF BYLAW NO. 2339
SCHEDULE "B" TO BYLAW NO. 2339
AS AMENDED BY BYLAW NO. 4833
GENERAL NOTES
1. Applicants who dispute a fee may request a review by the City Planner and Director of
Development Services. The decision of the City Planner may be appealed to the City
Manager. The decision of the City Manager will be final and binding.
2. All fees listed above are GST exempt except where specifically noted.
Schedule "B"
Tier 1 Businesses
Tier 2 Businesses
Tier 3 Businesses
Tier 4 Businesses
Tier 5 Businesses
Non-Profit Organization
Alcohol Sales (Consumption On-Premises / Minors Prohibited); Cannabis Production and Distribution Facility; Cannabis Retail Store; Kiosk; Large Format Retailer
(>50,000sqft); Liquor Retail Store
Adult Entertainment
General Business (includes all other businesses not specifically listed in this schedule)
Alcohol Sales (Consumption On-Premises / Minors Allowed); Carnival; Construction, Contracting, and Labour Services; Craft Show; Circus and other Entertainments;
Debt Repayment/Payday Loans; Farmers Market; Hotel or Motel; Mobile Food Vendor; Motor Vehicle Repair, Maintenance, or Modification; Pawnbroker; Trade Show;
Transient Trader