Business License Bylaw No. 1084, 2021, s.17.6 Short-Term Rentals/B&Bs and Tourist Homes — full text, Municipality of Crowsnest Pass, Alberta

This is the exact embedded text of the captured official document. Snapshot 4acff1a778ca · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Bylaw No. 1084, 2021 Page 1 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. Date of Consolidation: January 6, 2023 _____________________________________________________________________________________ Consolidation of Bylaw No. 1084, 2021 Municipality of Crowsnest Pass Business License Bylaw Adoption February 8, 2022 As Amended By: Bylaw No. 1112, 2022 adopted July 12, 2022 ___________________________________________________________________ Bylaw No. 1084, 2021 Page 2 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. MUNICIPALITY OF CROWSNEST PASS BYLAW NO. 1084, 2021 BUSINESS LICENSE BYLAW BEING a Bylaw of the Municipality of Crowsnest Pass in the Province of Alberta to provide for the Control, Regulation and Licensing of Businesses within the Municipality. WHEREAS It is provided by the Municipal Government Act, Chapter M-26, R.S.A. 2000 as amended, that the Council may control and regulate all business and industry carried on within the Municipality of Crowsnest Pass including the manner of operation, the nature of the operation and the location thereof and may license any or all such businesses or industries whether or not the business has a business premises within the Municipality. NOW THEREFORE, The Council of the Municipality of Crowsnest Pass duly assembled enacts as follows: 1. Short Title 1.1 This Bylaw may be cited as the "BUSINESS LICENSE BYLAW" of the Municipality of Crowsnest Pass. 2. Definitions 2.1 In this Bylaw: "Alberta SouthWest Regional Alliance-Regional Business License" shall mean a license to operate in any participating Member Municipality with the condition that the Municipality of Crowsnest Pass maintains its membership to this program. "Applicant" means a person who applies for a license, or a renewal of a license required by this Bylaw. "Application" shall mean a written application (on the appropriate application form) for a business license or a renewal or transfer of ownership of a business license as required by this bylaw. "Auctioneer" means any person(s) selling or offering for sale by public auction any real or personal property. "Business" shall mean any trade, profession, occupation, industry, employment or calling carried on for the purpose of profit or gain and invoicing for goods or services; and any activity providing goods and/or services whether or not for profit and however organized or formed, including a co-operative or association of persons. Bylaw No. 1084, 2021 Page 3 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. "Business Premises" shall mean any store, office, warehouse, residence, yard, Motor Vehicle, booth, Mobile Vending Unit or other place occupied for the purpose of carrying on a business for which the "Carrying on of Business" is a permitted or discretionary use under the Municipality of Crowsnest Pass Land Use Bylaw. "Business License" means a license issued pursuant to this Bylaw; "Business Registry" means a list compiled by the Licensing Inspector of all licensed businesses operating with the Municipality". "Carry on business" shall mean to conduct, operate, perform, keep, hold, occupy, deal in or use for gain whether as principal or agent. "Charitable or Non-Profit Organization" shall mean any person, association, or body corporate engaged entirely in charitable activities, or engaged in the promotion of general social welfare within the Municipality, all the resources of which are devoted entirely to charitable activities and not for a profit or gain and which does not confer a monetary or other benefit on its members or directors. These may include: i. Religious Societies or Organization ii. Service Clubs iii. Community, veteran, or youth organizations iv. Social, sport, or fraternal organization or clubs v. Museums, galleries, cultural organizations and educational institutions "Chief Administrative Officer" shall mean the Chief Administrative Officer as appointed by bylaw of the Municipality of Crowsnest Pass. "Contractor" means an individual or company who contracts on predetermined terms to provide labour and materials and to be responsible for the performance of a construction job in accordance with established specifications or plans. "Council" means the municipal Council for the Municipality as duly elected; "Farmer's Market" means the business of conducting a public open market at which various vendors lease and operate a stall from a person for the purpose of selling goods or services or both to the public at a location approved by the Municipality. "Fees and Charges Bylaw" means the Municipality's Fees, Rates and Charges Bylaw.; "Hawker/Peddler" means a person who moves about the Municipality selling or offering for sale, goods or services or both, on the streets or roads or elsewhere other than at a building that is a permanent place of business; "Licensee" shall mean the holder of a valid business license issued pursuant to the provisions of this Bylaw. Bylaw No. 1084, 2021 Page 4 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. "Licensing Inspector" shall mean the Chief Administrative Officer or a person designated by the Chief Administrative Officer; "Member Municipalities" shall mean those municipalities who are members of Alberta SouthWest Regional Alliance and have agreed to participate in the Regional Business License Program (previously known as MMERI). Amended - Bylaw 1112, 2022, Adopted July 12, 2022. "Mobile Vending Unit" means a mobile motor vehicle, pushcart, trailer, or similar structure exceeding 3.3m2, designed for preparing or offering the sale of food or merchandise, which does not contain customer seating. Amended - Bylaw 1112, 2022, Adopted July 12, 2022. "Mobile Vendor" means a person who sells or offers the sale of food or other merchandise from a Mobile Vending Unit; "Motor Vehicle" shall have the meaning set out in the Highway Traffic Act, R.S.A. 2000 and amendments thereto. "Municipal Tag" means a ticket alleging an offence issued pursuant to the authority of a Bylaw of the Municipality; "Municipality" means the Municipal Corporation of the Municipality of Crowsnest Pass. "Non-resident" shall mean a person who is not a Resident; "Person" means a natural person, firm, corporation, organization, association and includes a partnership. "Peace Officer" shall mean a peace officer as defined in the Provincial Offences Procedure Act; as amended from time to time; "Regional Business License" shall mean a license to operate in any Member Municipality. "Resident" shall mean a person who: i. Is located or ordinarily resides within the boundaries of the Municipality; or ii. Uses space and services including office space, telephone, facsimile, and/or computer from premises that are listed on the Municipality Tax Roll; or iii. Has a development permit issued to that person under the Land Use Bylaw; or iv. Satisfies the Licensing Inspector that he intends to carry on business within the Municipality for not less than six months. "Special Event and Festivals" means any music festival, dance festival, rock festival, rave or similar musical activity, sporting event, tradeshow, community not for profit organized event, or entertainment activity that is likely to attract 50 persons or more in any one 24 Bylaw No. 1084, 2021 Page 5 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. hour period which is held at any place within the Municipality and to which members of the public are invited or admitted at charge or free of cost. For greater clarity, a Special Event does not include a funeral ceremony, a birthday, wedding or other family celebration, or a similar family gathering or reunion. "Street Performer" includes every person who entertains the public or performs on the street music, dancing, singing, miming, pantomiming, puppetry, juggling, magic sleight of hand tricks, or other performing or exhibitions seeking money from the public. "Sub-Contractor" means the business of contracting to provide a special service in relation to a particular trade or the person or firm engaged in such business, as the context requires. "Short-Term Rental / Bed & Breakfast" as per the definition in the Land Use Bylaw. Amended - Bylaw 1112, 2022, Adopted July 12, 2022. "Tourist Home" as per the definition in the Land Use Bylaw. Amended - Bylaw 1112, 2022, Adopted July 12, 2022. Terms not defined in this Bylaw will, where context permits, have the meanings assigned to them in the Municipality Land Use Bylaw. The above definitions shall apply to this Bylaw whether capitalized or not. 3. Delegation 3.1 Council hereby delegates the following functions and duties to the Chief Administrative Officer: Administer and enforce the requirements of this Bylaw; Invoice all Businesses; Collect all fees and other amounts required by this Bylaw; Provide reports and advice to Council on business licensing in such manner and at such times as Council may require; Maintain the Business Registry and all Business License records. 3.2 The Chief Administrative Officer may delegate any authority to carry out the functions and duties as specified in this Bylaw. 3.3 Any Peace Officer may enforce the provisions of this Bylaw. 4. License Requirements 4.1 No person shall engage in or operate within or partly within the Municipality any Business described within this Bylaw or any Non-resident Business unless that person holds a Business Bylaw No. 1084, 2021 Page 6 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. License authorizing the engagement in or operation of that Business and having paid to the Municipality the fee as per the Fees and Charges Bylaw. 4.2 It is the responsibility of the Applicant to obtain and hold valid Provincial and Federal licenses, permits, approvals, clearances and/or insurances and produce copies of same to the Licensing Inspector upon request. 4.3 It is the responsibility of the Applicant to obtain and hold a valid development permit issued by the Development Authority under the Land Use Bylaw where necessary. 4.4 Where a Business operates at more than one Business Premises, each Business Premise requires a separate Business License. 4.5 Where more than one Business operates at one Business Premises, each Business requires a separate Business License. 4.6 A Business License: shall not be issued if the Applicant failed to provide all the information required or requested under this Bylaw; and when issued, does not exempt the applicant or holder from the responsibility to obtain any other relevant license or approval or to otherwise comply with any Federal, Provincial, or Municipal statute, regulation or bylaw in respect of the business operation licensed under the Business License. 4.7 A Business License is not valid until it has been signed by Licensing Inspector. 4.8 An Applicant or Licensee or person who the Licensing Inspector or Peace Officer reasonably believes is carrying on a Business requiring a Business License shall permit the License Inspector or Peace Officer to inspect the Business Premises to ensure compliance with this Bylaw. 4.9 No person shall attempt to prevent, obstruct or hinder the Licensing Inspector or Peace Officer from making an inspection authorized by this Bylaw. 5. Application Process 5.1 Every application shall be made in accordance with the appropriate forms and submitted to the Licensing Inspector; To amend a Business License; To transfer a Business License to another person; and To renew a Business License; Bylaw No. 1084, 2021 Page 7 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. 5.2 An Applicant for a Business License shall make application to the Municipality in the form prescribed by the Municipality and supply such information the Licensing Inspector may require from time to time. 5.3 An Applicant shall not submit any information with respect to an Application which is false or misleading, or inaccurate. 5.4 A Licensee shall apply to the Licensing Inspector for an amendment to the License if there is a change in: The Business Premises; The owner of the Business; The contact information of the Business; The Business name; The type of Business carried on; 5.5 Should a Business cease to carry on the business for which a Business License is granted, the Licensee shall immediately notify the Licensing Inspector. 6. Regional Business License (Alberta Southwest Regional Alliance Previously Known as Mounties To Mountains Economic Regional Initiative-MMERI) 6.1 As an option, for an additional fee and as determined annually by the Alberta SouthWest Regional Alliance as set forth in the Fees and Charges Bylaw, each Resident or Business, with a valid Business License will be issued an annual Regional Business License seal recognized by all Member Municipalities. The purchase of a Regional Business License does not preclude the Business's obligation to purchase a local business license in each Member Municipality in which it has a storefront or physical presence. 6.2 Each year Alberta SouthWest Regional Alliance will provide the regional seal to each Member Municipality to be affixed to each annual local Business License when the resident of a local business pays the additional fee. 6.3 The Municipality will retain a portion of the Regional Business License fee as determined annually by the Alberta SouthWest Regional Alliance and the balance of the Regional Business License Fee will be forwarded on a bi-annual basis to Alberta SouthWest Regional Alliance Ltd. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 6.4 If any Member Municipality revokes an annual local business license for a business that has also purchased an annual Regional Business License, that revocation shall also apply to the Regional Business License and the Municipality must, within three working days, notify all Member Municipalities. Bylaw No. 1084, 2021 Page 8 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. 6.5 If a Business that has also purchased a Regional Business License cancels its local business license, said cancellation shall also apply to the Regional Business License and the Municipality must, within three working days, notify all Member Municipalities of the cancellation. 6.6 Each Member Municipality retains the right to request proof that a business operating within its municipality, but residing in another Member Municipality, has purchased an annual Regional Business License. If said business does not possess a valid Regional Business License, the Municipality, at its discretion, may enforce the penalties pursuant to its own Business License Bylaw. 7. Appointment, Powers and Duties of Licensing Inspector 7.1 The Licensing Inspector is authorized to enforce and administer this Bylaw and is hereby authorized to receive, review, renew and approve (with conditions where necessary) all Applications for a Business License. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 7.2 The Licensing Inspector may suspend, refuse to grant, refuse to transfer, revoke, refuse to renew or impose conditions on a Business License under this Bylaw if, in the opinion of the Licensing Inspector, there are reasonable grounds to do so, including, without limitation, if the Licensing Inspector is of the opinion that: The Licensee or the Applicant is not bona fide; The licensee or the Applicant has contravened the provisions or requirements of this Bylaw or any other bylaw of the Municipality or any applicable Provincial or Federal licenses, permits, approvals clearances and/or insurances; The Business has changed to the extent that a new Application for a Business License would be refused; The Licensee or the Applicant is not worthy of public trust; The Licensee or the Applicant has withheld or concealed information from the Licensing Inspector or has provided false information on an Application for a Business License; The Licensee or the Applicant refused to admit the Licensing Inspector into the Business Premises, vehicle or apparatus from which the Business is carried out; 7.3 The Licensing Inspector shall specify the form of Applications and Business Licenses under this bylaw. 7.4 The Licensing Inspector or Peace Officer or both may periodically visit and inspect Business Premises to ensure compliance with this Bylaw. 8. Offence Bylaw No. 1084, 2021 Page 9 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. 8.1 The issuance of a Business License under this Bylaw does not authorize or permit the Licensee to carry on business contrary to the provision of the Land Use Bylaw. 8.2 No owner, manager of a Business or other property shall allow or permit any person to carry on any Business thereon without such person being in possession of a subsisting Business License as required under this Bylaw. 8.3 Any person who contravenes any provision of this Bylaw is guilty of an offence. 9. Municipal Tag 9.1 A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 9.2 A Municipal Tag may be issued to such person: either personally or By mailing a copy to such person at his last known post office address. 9.3 The Municipal Tag shall be in a form approved by the Licensing Inspector and shall state: Name of the person; and The nature of the offence; and The penalty for the offence; The time frame within which the penalty is due to be paid; and Any other information as may be required by the Licensing Inspector. 9.4 Where a Municipal Tag is issued pursuant to this Bylaw, the person to whom the Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay to the Municipality the penalty specified within the time period indicated on the Municipal Tag. 10. Violation Ticket 10.1 If a Municipal Tag 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; 10.2 Notwithstanding subsection 8.7, 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; Bylaw No. 1084, 2021 Page 10 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. 10.3 If a Violation Ticket is issued in respect of an offence, the Violation Ticket may; specify the penalty amount established by this Bylaw for the offence; or Require a person to appear in court without the alternative of making a voluntary payment. 10.4 A person who commits an offence may: If a Violation Ticket is issued in respect of the offence; and If the Violation Ticket specified the penalty 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. 10.5 A person who is guilty of an offence is liable to a penalty in an amount not less than $250.00 and not more than $10,000.00, and in default of payment of the fine and costs to imprisonment for a term not exceeding one (1) year. 10.6 Where a contravention of this bylaw is of a continuing nature, further Municipal Tags or Violation Tickets may be issued by the Peace Officer, provided that no more than one Municipal Tag or Violation Ticket may be issued for each 24 hour period that the contravention continues. 10.7 Nothing contained in the bylaw in any way prohibits or otherwise affects the Municipality's ability to utilize the enforcement provisions in the Municipal Government Act of Alberta and amendments thereto. 11. Penalty 11.1 Any person who is guilty of an offense is liable for the following penalties stated in the Fees, Rates & Charges Bylaw, in addition to any license fee the person may be required to pay pursuant to this bylaw. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 11.2 Where a person is convicted of operating a Business for which a license fee is payable, without payment of such fee having been made, the court may, in addition to the fine imposed pursuant to subsection 11.1, direct the payment of the applicable license fee to the Municipality. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 12. Termination of License 12.1 Every Business License issued under this Bylaw, unless revoked or surrendered, shall terminate at midnight on the 31st day of December of the year in which the Business License was issued. 13. Posting of License Bylaw No. 1084, 2021 Page 11 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. 13.1 Every Business License issued under this Bylaw will be made out and delivered or mailed to the Licensee who shall post same in a conspicuous place on the Business Premises or Mobile Vending Unit and whenever required to do so, by the Licensing Inspector, shall produce the Business License for inspection. 13.2 In the event that the Business Premises does not have public access, the Licensee shall provide any information requested by the Licensing Inspector to enable verification of same. 14. Transfer of License 14.1 An existing Business License issued under this Bylaw may be transferred upon application to and approval by the Licensing Inspector in the following circumstances: When the transfer is from one Licensee to another for the same Business in the same Business Premises; or When the transfer is for a change of civic address from one business premises to another for the same Licensee and Business. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 14.2 All Business License transfers must comply with the provisions of this Bylaw and the Land Use Bylaw and any other Bylaw of the Municipality. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 14.3 A Licensee may not apply for a Business License transfer where only the assets of a Business were sold and transferred between Licensees. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 15. Renewal and Collection of Fees 15.1 On or about December 01 of the current calendar year, the Licensing Inspector shall issue an invoice to the Licensee of a Business License issued in the current year for the amount required to renew the Business License for another year. 15.2 The license fee is due and payable by the 31st of January and it is an offence not to pay same when due. 15.3 Any Invoices that remain outstanding after January 31st will accrue interest as set forth in the Fees, Rates and Charges Bylaw. 15.4 Upon expiry of 30 days from the date the invoice was due: The Licensing Inspector may cause the uncollected invoice to be collected by a collection agency on behalf of the Municipality; or A Peace Officer may issue a Municipal Tag or Violation Ticket. Bylaw No. 1084, 2021 Page 12 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. 15.5 A Business License is automatically revoked if payment of fees required by this Bylaw is made by cheque or other instrument which is not accepted by the financial institution on which it is issued. 15.6 Any Business which commences business in the Municipality part way through a calendar year shall pay the Business License fees as set forth in the Fees and Charges Bylaw. 16. Exemptions 16.1 The following are exemptions from the requirement to obtain a Business License; such exemptions do not include an exemption of approvals by the Development Authority under the Land Use Bylaw or any other municipal bylaw: Charitable or Non-Profit Organizations; A business that is carried on or operated by the Government of Alberta, Canada or the Municipality; Foster Homes as interpreted and administered under the Child, Youth and Family Enhancement Act of Alberta; Day Home Care for Children; Home Catalogue Representatives; The Operator of a stall within a Farmers Market; Any proprietor that is exempt under Provincial or Federal legislation; An Auctioneer who: i. Is acting for a sale by auction to which the Seizures Act of Alberta applies; ii. Is acting for the sale of the estate of a deceased person where the sale is made on the authority of an Executor of the estate; iii. Is acting for the sale of goods and chattels taken in distress under the authority of a statute or recovery of a tax, rate or imposition made or levied pursuant to a statute; or iv. Is acting for a charitable organization provided that the auctioneer is not receiving a fee or commission for carrying on the auction; Craft Sales and Garage Sales that are held at any location a maximum four (4) times per year for a maximum of two (2) consecutive days. 17. Regulations Pertaining to Specific Licenses 17.1 Daily Licenses Bylaw No. 1084, 2021 Page 13 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. Where a Non-Resident requires a Business License to operate a Business within the Municipality for a duration not to exceed one week (seven (7) days - whether consecutive or cumulative), the Applicant may make an Application and pay the fee for a daily license as set forth in the Fees and Charges Bylaw. 17.2 Street Performers A Street Performer may not perform anywhere within the Municipality unless he holds a Business License authorizing the Street Performer to perform at a specific location and/or by an approved Special Event Permit. Only one Street Performer may perform at a given location at any one time except in the case of a Special Event with permission of the Licensing Inspector. A Street Performer may not obtain more than eight (8) Business Licenses in a calendar year and the maximum number of consecutive days that a Street Performer may perform under one Business License at an authorized location is five (5). The Municipality has the authority to determine the locations within the Municipality at which street performing shall be permitted considering, but not restricted to traffic, safety and noise issues and the Municipality may direct the Licensing Inspector to issue Business Licenses according to same. While performing, a Street Performer shall accept and respond to direction from a Peace Officer and will provide evidence of satisfactory identification. A Street Performer shall not, unless otherwise authorized by the Licensing Inspector: 1. Use objects dangerous to onlookers; 2. Use amplifiers, loudspeakers or public address systems; or 3. Behave in a manner that unreasonably disturbs other persons or obstructs or interferes with pedestrian or vehicular traffic. 17.3 Farmers' Markets For the purposes of this Bylaw "Stall" shall mean a defined area within a Farmers' Market. The Licensee of a Farmers Market shall, upon request, provide to the Licensing Inspector a current list of all stall operators. 17.4 Festivals and Special Events Unless a Festival or Special Event is organized by the Municipality, a Business License is required by the persons hosting the event or festival and is required to be obtained a minimum of three weeks prior to the opening date. Bylaw No. 1084, 2021 Page 14 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. Business License applications for Festivals and Special Events shall be forwarded to the Development Office for consideration and determination of a designated area/specific location to host the event. 17.5 Hawkers, Peddlers and Mobile Vendors No person shall carry on business as a Mobile Vendor or Hawker/Peddler on private property or public property including parks, streets and sidewalks within the Municipality unless they possess a Business License and, for those operating from public property including parks, streets and sidewalks, a Mobile Vending Permit in accordance with the Mobile Vending Policy, except when the Mobile Vendor proposes to operate as a "stall" within and on the same property as an approved Farmers' Market or an approved Festival or Special Event. For clarity, a Hawker, Peddler or Mobile Vendor proposing to operate from a location on public property adjacent to an approved Farmers' Market or an approved Festival or Special Event is required to obtain a Business License and a Mobile Vending Permit. 17.6 Short-Term Rentals/Bed & Breakfasts and Tourist Homes Short-Term rentals/Bed & Breakfasts and Tourist Homes are regulated through the Land Use Bylaw and may not be allowed in all parts of the community. All persons operating a Short-Term Rental/Bed & Breakfast or Tourist Home must apply for and be issued an applicable development permit from the Development Authority prior to acquisition of a Business License. The Licensee of a Tourist Home shall provide the Municipality with the name and phone number(s) of at least one local person (adult) that is authorized to act on the Licensee's behalf in the Licensee's absence. The Licensee is responsible for ensuring this information is kept up to date and for notifying the Municipality and adjacent landowners of any changes to this information. The Short-Term Rental/Bed & Breakfast or Tourist Home operator/owner shall post their business license number and the approved maximum occupancy on all their advertisements of the rental property as a condition of business license approval. The owner of a Short-Term Rental/Bed & Breakfast or Tourist Home is responsible to obtain any provincial and federal permits, licenses and approvals, for example Safety Codes permits. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 17.7 Contractors The Licensing Inspector may revoke a Contractor's or Subcontractor's Business License issued to any Licensee who has not obtained the necessary permits prior to commencement of any development, or construction project. Bylaw No. 1084, 2021 Page 15 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. The revocation of a "Contractors" or "Sub-contractors" License shall not exceed one calendar year from date of revocation. 18. Appeal 18.1 Before refusing to issue or renew a Business License, and before a Business License is suspended or cancelled or conditions are imposed, other than conditions imposed by this Bylaw, the Applicant or Licensee must be given notice of the proposed refusal, suspension, cancellation or the proposed conditions with reasons; and an opportunity to make written representations to the Licensing Inspector. 18.2 If a decision is made to refuse the issue or renewal of a Business License, to suspend or cancel a Business License or to impose conditions on a Business License, other than conditions imposed by this Bylaw, notice of the decision may be served on the Applicant or Licensee: by delivery in person on the Applicant or Licensee or any of its officers or employees; or by registered mail to the address in the Application or in the Business Registry. Upon receipt of such notice, the Applicant or Licensee shall cease operating the Business immediately. 18.3 A person who has been refused the issue or renewal of a Business License, whose Business License has been suspended or cancelled, or whose Business License 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 Chief Administrative Officer. Upon receipt of an appeal, the Chief Administrative Officer shall forthwith place the appeal on the agenda of the next meeting of the Council at which time the appeal shall be heard. Accompanying such appeal shall be a written report of the Licensing Inspector advising as to the reason for the refusal, suspension, cancellation or conditions. At the hearing of the appeal, Council may review the written submissions of the appellant, the Licensing Inspector and of any other person the Council deems has the right to intervene or may hear such submission verbally. Within ten (10) days of the completion of the hearing, Council shall: direct that the Business be added to the Business Registry; confirm the refusal, suspension, cancellation or conditions; reinstate the revoked Business License; or remove or vary the suspension. Amended - Bylaw 1112, 2022, Adopted July 12, 2022 Bylaw No. 1084, 2021 Page 16 of 16 Business License Bylaw This Consolidation is not an Official Bylaw. It is prepared by the Chief Administrator's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the Municipal Office. This Consolidated Bylaw was authorized pursuant to Bylaw 1009, 2018 CAO Bylaw. 19. Severability 19.1 In the event that any provisions of this Bylaw are found to be unlawful or outside the jurisdiction of the Municipality, such provision or provisions, as the case may be, will be severed from the Bylaw and the remaining provisions will continue to be in force. 20. Effective Date/Delegation 20.1 Bylaw 1084, 2021 comes into full force and effect upon the final passing thereof. 20.2 That Bylaw 1043, 2020 is repealed. READ a first time in council this 14th day of December 2021. READ a second time in council this 8th day of February 2022. READ a third and final time in council this 8th day of February 2022. Original Signed ________________________________ Blair Painter Mayor Original Signed ________________________________ Patrick Thomas Chief Administrative Officer