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TOWN OF MUNDARE
BYLAW NO 795/08
The council of the Town of Mundare, duly assembled, hereby enacts
1.
This bylaw can be called "Business Licence Bylaw".
DEFINITIONS
2.
In this bylaw:
a. "hawker or pedlar" means any person who does not have a permanent place of
business within the Town who:
i. goes from house to house, business to business, offering for sale any
merchandise or services;
ii. sells merchandise or services on the street or from vacant lands.
b.
"home business" means a business, occupation, trade, profession, or craft carried on
by an occupant of a dwelling as a use secondary to the residential use of the building
which does not change the character thereof;
c.
"non-resident Business" means a business whose offices are located outside the
Town, but does not include Hawker or Pedlar;
d.
"peace officer" means
i. a member of the Royal Canadian Mounted Police
ii. member of a municipal police service
iii. a special constable
iv. a bylaw enforcement officer;
AUTHORITY
3.
The CAO, or any person authorized by the CAO, shall have the authority to:
i. receive and consider all business licence applications;
ii. conduct inspections of business premises;
iii. approve, with or without conditions, any business licence application;
iv. refuse any business licence application;
Bylaw 793/08-Business Licence Bylaw
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v. revoke or suspend a business licence for any reason;
vi. collect fees
vii. enforce the bylaw
4.
A Peace Officer is authorized to enforce the bylaw.
5.
Council may waive the requirement for a business licence for any business or types of
business as they see fit.
BUSINESS LICENCE
6.
No person shall
i. carry on or operate any business;
ii. carry on any undertaking or do any act or use or have any article for which a
business licence is required;
unless the person holds a valid and subsisting business licence.
7.
Despite section 5, no business licence shall be required by/for:
i. a charitable or non-profit organization;
ii. a federal, provincial or municipal government;
iii. a non-resident business;
iv. a hospital or educational institution;
v. a utility provider;
vi. a garage sale;
vii. a trade show.
8.
A business licence shall remain in effect from the issue date until:
i. it is revoked or suspended;
ii. a change in the business name;
iii. a change of ownership;
iv. a closure of the business;
v. a change in the type/nature of the business.
9.
The fees for a business licence are as per Schedule A.
10.
No refunds will be issued for any fees.
Bylaw 793/08-Business Licence Bylaw
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11.
A business licence shall be posted in a conspicuous place in the business premises.
APPLICATION
12.
An application for a business licence shall be made to the Town office.
APPEALS
13.
A person may appeal:
i. the issuance of a business licence with conditions;
ii. the refusal of a business licence application;
iii. the revocation or suspension of a business licence.
14.
An appeal shall be made in writing within thirty (30) days after the issuance of a business
licence with conditions, the refusal of a business licence application, or the revocation or
suspension of a business licence.
15.
Town Council shall hear the appeal within forty five (45) days.
16.
Town Council may:
i. issue or reinstate a business licence with or without conditions;
ii. refuse a business licence;
iii. uphold the revocation or suspension of a business licence.
OFFENSES AND PENALTIES
17.
Any person who contravenes a provision of this bylaw is guilty of an offence and is liable
to penalty as set out in Schedule A.
18.
Despite section 16, any person who commits a second or subsequent offence under this
bylaw within one (1) year of committing the first offence is liable to a fine as set out in
Schedule A.
19.
In addition to any other remedy for non compliance with this bylaw, the Town may
correct the violation and the costs incurred shall be paid to the Town and failing payment,
the Town may add the cost to the taxes.
20.
The bylaw enforcement officer is hereby authorized to issue a violation ticket to a person
who the bylaw enforcement officer has reasonable and probable grounds to believe has
contravened any provision of this bylaw.
21.
A violation ticket may be issued to such person:
i. either personally; or
ii. by mailing a copy to last know mailing address
Bylaw 793/08-Business Licence Bylaw
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22.
Where a contravention of this bylaw is of a continuing nature, further violation tickets
may be issued by the bylaw enforcement officer provided, however, that no more than
one violation ticket will be issued for each day that the contravention continues.
23.
A person who has received a violation ticket may, in lieu of prosecution, pay to the Town
the specified penalty.
24.
The Town may proceed with legal action to enforce compliance with this bylaw.
GENERAL
25.
Nothing in this bylaw will operate to relieve any person from complying with any
Federal, Provincial or other Town law, order, regulation or bylaw.
26.
Nothing in this bylaw will be construed as curtailing or abridging the right of the Town to
obtain compensation for or to maintain an action for loss of or damage to property from
or against the person or persons responsible.
27.
Should any provision of this bylaw be deemed invalid, then such invalid provision may
be severed and the remaining bylaw shall be maintained.
28.
That bylaw 793/08 as amended is repealed.
READ a first time on September 2, 2008
READ a second time on September 2, 2008
READ a third time on September 2, 2008
Date
Mayor
Date
CAO
Bylaw 793/08-Business Licence Bylaw
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SCHEDULE A
Penalties
Section
6
Operating without a business licence
$250.00
Second Offense
17
Repeat offences within one year of the original offence
$500.00
Fees
Business Licence
$20.00
Home Based Business
$5.00
Hawker or Pedlar
$20.00