Business License Bylaw - Office Consolidation 2024
Municipality of Jasper, Alberta
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Municipality of Jasper Bylaw #110
Town of Jasper Business Licensing Bylaw 2008A
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Municipality of Jasper
BYLAW #110
OFFICE CONSOLIDATION AS OF MARCH 19, 2024
BEING A BYLAW OF THE MUNICIPALITY OF JASPER IN THE PROVINCE OF ALBERTA TO
REGULATE THE LICENSING AND CONDUCT OF BUSINESSES IN THE TOWN OF JASPER.
WHEREAS the Council of the Municipality of Jasper finds it desirable to regulate the conduct of business
in the Town of Jasper and to require businesses operating in the Town to acquire a Business License
from the Municipality of Jasper;
AND WHEREAS the Municipal Government Act (Alberta) RSA 2000, Chapter M-26 as amended provides
in Part 2 for the Council of the Municipality of Jasper to pass bylaws respecting the regulation and
licensing of businesses operating within the Town;
NOW THEREFORE the Council of the Municipality of Jasper, in the Province of Alberta, duly assembled,
enacts:
1.
CITATION
1.1
This Bylaw may be cited as the "Town of Jasper Business Licensing Bylaw 2008A".
1.2
Municipality of Jasper Bylaw #103, the "Town of Jasper Business Licensing Bylaw 2008" is hereby
repealed.
2.
DEFINITIONS
2.1
In this Bylaw:
2.1.1
"Applicant" shall mean a Person who applies for a Business License or Business License
Renewal as required by this Bylaw;
2.1.2
"Application" shall mean a written Application for a Business License or Renewal thereof
required under this Bylaw;
2.1.3
"Appropriate Use Requirements" shall mean the Appropriate Use Requirements appended
hereto as Schedule "A";
2.1.4
"Automated Banking Machine" shall mean a Business in which a machine provides
customer access to such banking functions as deposits, withdrawals or transfers between
accounts and does not mean a machine providing solely for cash withdrawals;
2.1.5
"Business" shall mean:
2.1.5.1
a commercial, merchandising or industrial activity or undertaking;
2.1.5.2
a profession, trade, occupation, calling or employment; or
2.1.5.3
an activity providing goods and services;
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whether or not for profit and however organized or formed, including a co-operative
association of Persons.
2.1.6
"Business License" shall mean a license issued by the Chief License Inspector pursuant to
this Bylaw for the purpose of allowing a Business to operate within the Town of Jasper;
2.1.7
"Business Premises" shall mean any store, office, dwelling, warehouse, yard, building,
enclosure or other place occupied or capable of being occupied for the purpose of carrying
on a Business and in which place the carrying on of a business has been determined by the
Parks Canada Agency to be a permitted or discretionary use, but does not include
washrooms;
2.1.8
"Busker" shall mean a person who plays music or performs entertainment in a public place
while soliciting money;
2.1.9
"Bylaw Enforcement Officer" shall mean a person appointed by the Municipal Manager as a
Bylaw Enforcement Officer or a Municipal Compliance Officer pursuant to the provisions of
the Jasper Municipal Enforcement Officer Bylaw;
2.1.10 "Central Business District" shall mean that area of the Town enclosed by Connaught Drive,
Hazel Avenue, Geikie Street and Cedar Avenue, the Roadways and Sidewalks contained
within this area and, except for Geikie Street where the Roadway and Sidewalks are not
included, the Roadways and Sidewalks on both sides of those sections of Connaught Drive,
Hazel Avenue and Cedar Avenue adjoining the area enclosed;
2.1.11 "Charitable or Non-Profit Organization" shall mean any Person, association or corporation
engaged entirely in charitable activities, or engaged in the promotion of general social
welfare within the Town, all of the resources of which are devoted entirely to charitable
activities and not for profit or gain, and which does not confer a monetary or other benefit
upon its members or directors. These include but are not limited to:
2.1.11.1 religious societies or organizations;
2.1.11.2 service clubs;
2.1.11.3 community, veteran or youth organizations;
2.1.11.4 social, sport or fraternal organizations or clubs;
2.1.11.5 employer or employee organizations; and
2.1.11.6 museums, galleries, cultural organizations and educational institutions;
2.1.12 "Chief License Inspector" shall mean the Municipality of Jasper's Manager of Licensing and
Enforcement as appointed by the Director of Corporate and Legislative Services or in his
absence shall mean the Director of Corporate and Legislative Services as appointed by the
Municipal Manager, or his delegate;
2.1.13 "Commercial Accommodation" shall mean a Business engaged in the provision of rooms or
suites for temporary sleeping accommodation, located on a commercial leasehold in the
Town and which business may include Restaurants, Lounges or Beverage Rooms, meeting
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rooms, convention facilities, indoor recreation facilities, gift shops, convenience retail
stores, personal services and staff housing;
2.1.14 "Contractor" shall mean a Business other than a Home-Based Business engaged in offering
to any Person to perform or arrange to perform work involving an Improvement, and
2.1.14.1 a Contractor undertaking work related to a Parks Canada Development Permit or
Building Permit must have a valid Business License;
2.1.14.2 notwithstanding 2.1.14.1 above, one offer to perform or offer to arrange to
perform work on an Improvement is sufficient to establish that the business of a
Contractor is being carried out; and
2.1.14.3 no Person undertaking or intending to undertake the business of a Contractor
shall advertise or arrange to advertise as a Contractor unless licensed under this
Bylaw;
2.1.15 "Council" shall mean the Council of the Municipality of Jasper;
2.1.16 "Direct Seller" shall mean a Business engaged in directing, managing, or coordinating the
distribution or sale of goods or services for future delivery, including food products, where
one or more agents including the licensee carry on business at a location other than the
licensee's premises, and includes the offer or exposure for sale to any person by means of
samples, drawings, pictures, patterns, cuts or blueprints, merchandise or a service, or both,
to be afterwards delivered in and shipped into the Town;
2.1.17 "Dwelling" shall mean a building designed and used for human habitation and includes the
following:
2.1.17.1 "Apartment Housing" shall mean a dwelling contained within a building in which
the dwelling unit or dwelling units are arranged in any horizontal or vertical
configuration which does not conform to the definition of any other residential
classes described in this Bylaw and includes units located in lofts and above first-
storey commercial occupancies, but does not include Apartment Buildings;
2.1.17.2 "Apartment Building" means a single building comprised of three or more
dwelling units not including secondary suites and with shared entrance facilities,
where none of the dwelling units are rented or available for rent or occupation
for periods of less than 30 days;
2.1.17.3 "Multi-unit Dwelling" shall mean a single building designed to contain three or
more dwelling units not including secondary suites and where none of the
dwelling units are rented or available for rent or occupation for periods of less
than 30 days;
2.1.17.4 "One-unit Dwelling" shall mean a detached building containing only one dwelling
unit and designed solely for occupation by one household and does not include a
manufactured home;
2.1.17.5 "Primary Dwelling Unit" shall mean the dwelling unit to which a secondary suite
is associated;
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2.1.17.6 "Principle Dwelling" shall mean a dwelling that is the main use of the site;
2.1.17.7 "Row House" shall mean a building containing a row of more than two dwelling
units not including secondary suites and joined in whole or in part at the side
only with no dwelling unit being placed over another in whole or in part where
none of the dwelling units are rented or available for rent or occupation for
periods of less than 30 days, and each dwelling unit has separate individual and
direct access to grade;
2.1.17.8 "Two-unit Dwelling" means a single building containing two dwelling units, each
having a separate entrance;
2.1.18 "Home-based Business" shall have the meaning attributed to it in the Land Use Regulation;
that is a Business in respect of which a Dwelling is used as premises for an occupation,
office, trade, craft, or Private Home Accommodation for gain or support, conducted entirely
within the Dwelling as a use secondary to the residential use, subject and classified into the
following types:
2.1.18.1 Type 1 shall mean a Business conducted entirely within a Dwelling by an eligible
resident who is the Licensee of such Business and who occupies the Dwelling as
a principal residence, and the Land Use Regulations stipulate that such Business
shall not involve client visitation at any time, shall not involve the storage of any
materials or goods outdoors, nor shall any person other than the Licensee be
engaged in such Business;
2.1.18.2 Type 2 shall mean a Business conducted entirely within a Dwelling by an eligible
resident who is the Licensee of such Business and who occupies the Dwelling as
a principal residence, and the Land Use Regulations stipulate that such Business
may have client visitation during normal business hours only and if such
visitation occurs one additional on-site parking stall must be provided, and that
such Business may have limited outdoor storage in the Dwelling's rear yard, and
no person other than the Licensee shall be engaged in such Business;
2.1.19 "Improvement" shall mean anything built, placed, altered or repaired which is in, upon,
over or under land or water including a building and any clearing, dismantling, digging,
drilling, excavating, grading, filling or tunnelling;
2.1.20 "Land Use Regulation" shall mean the land use regulations applied by Parks Canada in the
Town of Jasper;
2.1.21 "License Inspector" shall mean a Municipality of Jasper Bylaw Enforcement Officer or
Compliance Officer appointed by the Municipal Manager pursuant to the Jasper Municipal
Enforcement Bylaw and designated as a License Inspector by the Chief License Inspector;
2.1.22 "Licensee" shall mean the holder of a valid and subsisting license issued pursuant to the
provisions of this Bylaw;
2.1.23 "Municipal Manager" shall mean the Municipal Manager of the Municipality of Jasper and
includes any person authorized to act for or in the name of the Municipal Manager;
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2.1.24 "Municipality of Jasper" and "Municipality" shall mean the Specialized Municipality of Jasper
created pursuant to the June 13th 2001 "Agreement for the Establishment of Local
Government in the Town of Jasper" signed by the Minister of Canadian Heritage;
2.1.25 "Municipal Violation Ticket" shall mean a ticket or similar document issued pursuant to Part
3 of the Provincial Offences Procedure Act, 2000 c.P-34, as amended;
2.1.26 "Non-Resident Business" shall mean a Business carried on in whole or in part within the
Town, but which neither maintains a permanent place of business within the Town nor is
listed in any current Municipality of Jasper tax assessment roll;
2.1.27 "Peace Officer" shall mean:
2.1.27.1 a member of the Royal Canadian Mounted Police;
2.1.27.2 a Bylaw Enforcement Officer or Compliance Officer; or
2.1.27.3 a Community Peace Officer;
2.1.28 "Person" shall mean an individual, proprietorship, corporation or society;
2.1.29 "Personal Property" shall mean all property capable of ownership including goods, chattels,
money, notes, bonds, stocks and intangible property but not land or any interest in land;
2.1.30 "Personal Service" shall mean a Business engaged in providing the following services, or
engaged in the provision or use of equipment to provide the following services:
2.1.30.1 hair removal, including electrolysis, waxing and laser treatment;
2.1.30.2 aesthetics, including manicures, pedicures and facials;
2.1.30.3 shampooing, cutting or removing, colouring, styling or otherwise treating hair;
2.1.30.4 hair replacement;
2.1.30.5 shaving, massaging or otherwise treating the face or scalp;
2.1.30.6 baths, including a steam cabinet, steam bath, hot tub, sauna or similar bath;
2.1.30.7 body or ear piercing;
2.1.30.8 physical fitness conditioning;
2.1.30.9 tanning;
2.1.30.10 tattooing;
and includes the retail sale of incidental products, but does not include a business where
medical or therapeutic treatment is performed or offered by a person duly qualified and
licensed to do so under the laws of the Province of Alberta;
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2.1.31 "Private Home Accommodation" shall have the meaning attributed to it in the Land Use
Regulation; that is, licensed visitor accommodation in a One-unit or a Two-unit Dwelling for
transient paying guests on a short-term basis operated as a Home-based Business;
2.1.32 "Public Place" shall mean, but is not limited to, any public highway, roadway, laneway,
sidewalk, courtyard, passage, alley, parking lot, park, parkland, woodland, building or other
place or structure in the Town of Jasper to which the public reasonably have or are
permitted to have access, whether for payment or not, and which is under the care,
ownership or control of the Municipality of Jasper;
2.1.33 "Provincial Violation Ticket" shall mean a ticket issued pursuant to Part 2 of the Provincial
Offences Procedure Act, R.S.A. 2000 c. P-34, as amended and regulations there under;
2.1.34 "Renew" and "Renewal" shall mean, in respect of a Business License, a License issued to a
Business for a second or subsequent concurrent term and in respect of every License
Renewal the Chief License Inspector may vary, remove or add License conditions as
provided for in this Bylaw and may confirm any aspect of an Application in respect to such
Renewal;
2.1.35 "Resident" shall mean a Person who resides in the Town;
2.1.36 "Restaurant/Lounge/Beverage Room" shall mean a Business engaged in one or more of:
2.1.36.1 the sale of prepared foods for consumption on the premises;
2.1.36.2 the sale of prepared foods for consumption off the premises; or
2.1.36.3 the sale of alcoholic beverages for consumption on the premises.
2.1.37 "Street Vendor" shall mean a Business engaged in offering or exposing for sale to any
person, processed or unprocessed foodstuffs from:
2.1.37.1 a push-cart, wagon, or other wheeled or skidded vehicle located in or on a Public
Place; or
2.1.37.2 any mobile preparation unit located in or on a Public Place;
2.1.38 "Town" and "Town of Jasper" shall mean the Town of Jasper as defined in the Agreement
for the Establishment of Local Government in Jasper dated June 13th, 2001;
2.1.39 "Transfer Fee" shall mean the fee specified in the Bylaw for the transfer of a Business
License from one owner of a business to the new owner of the business at the same
location, or to reflect the relocation of a Business from one location to another;
2.1.40 Words importing the masculine gender only include the feminine gender whenever the
context so requires and vice versa;
2.1.41 Words importing the singular shall include the plural whenever the context so requires and
vice versa.
3. GENERAL PROVISIONS
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3.1
The Chief License Inspector is hereby authorized to:
3.1.1
issue Business Licenses;
3.1.2
require the payment of fees for such issuance; and
3.1.3
regulate the conduct of Businesses in the Town pursuant to the provisions of this Bylaw.
3.2
No Person shall establish, carry on or operate any Business within or partly within the Town of
Jasper unless such Person:
3.2.1
holds a valid and subsisting Business License issued by the Chief License Inspector
pursuant to the provisions of this Bylaw; and
3.2.2
has paid the fees set out in Schedule "B" hereto.
3.3
Notwithstanding Section 3.2 above, a Person is not required to hold a Business License if such
Person is exempt from such requirement under the provisions of:
3.3.1
the Legal Profession Act (Alberta, R.S.A 2000, Chapter L-8 as amended);
3.3.2
the Medical Profession Act (Alberta, R.S.A 2000, Chapter M-11 as amended);
3.3.3
the Pharmaceutical Profession Act (Alberta, R.S.A 2000, Chapter P-12 as amended);
3.3.4
the Optometry Profession Act (Alberta, R.S.A 2000, Chapter O-10 as amended);
3.3.5
the Land Surveyors Act (Alberta, R.S.A 2000, Chapter L-3 as amended);
3.3.6
the Regulated Accounting Profession Act (Alberta, R.S.A 2000, Chapter R-12 as amended);
or
3.3.7
the Insurance Act (Alberta, R.S.A. 2000, Chapter I-3 as amended).
3.4
Every Charitable or Non-Profit organization conducting Business in the Town shall require a valid
and subsisting Business License but shall be exempt from the fees provided for in Schedule "B"
hereto.
3.5
Business conducted by individual Persons for a period of not more than one day not more than two
times per year and as part of an event operated by a Charitable or Non-Profit organization shall be
exempt from the licensing requirements and fees established by this Bylaw.
3.6
Every Business License issued pursuant to this Bylaw shall be posted in a conspicuous place in the
Business Premises of the Licensee.
4. BUSINESS CATEGORIES AND LICENSE FEES
4.1
Council hereby authorizes the Chief License Inspector to establish Business categories to provide
for the efficient and effective administration of Licenses and the Chief License Inspector may assign
any Business to the Business Category he, in his sole discretion, deems appropriate.
4.2
Council hereby establishes Business License fees as described in Schedule "B" hereto.
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4.3
Every Business License Fee shall be due at the full amount of the annual fee described in Schedule
"B" hereto.
4.4
No Business License Fee shall be refundable.
4.5
Council hereby establishes the Transfer Fee established in Schedule "B" herein, and the Chief
License Inspector shall apply such Transfer Fee to each transfer of a Business License from one
owner to another or from one Business Premises to another.
4.6
Notwithstanding the provisions of Section 4.5 herein, no Home-based Business License shall be
transferable.
5. ADDITIONAL LICENSES
5.1
Where the Chief License Inspector determines that an Applicant for a Business License is engaged
in operations which can not reasonably be considered a part of or an extension of one Business but
are operations or activities of a separate Business, whether operated from the same Business
Premises or not, the Chief License Inspector shall require the licensing of those activities through
the issuance of an additional Business License and shall so notify the Licensee and failure by the
Licensee to within 10 days:
5.1.1
obtain such additional Business License; or
5.1.2
cease such additional Business activities;
shall be an offence under the provisions of this Bylaw and upon conviction the Licensee shall be
liable to the penalties described in Schedule "C" herein.
5.3
Where the Chief License Inspector determines that a Restaurant/Lounge/Beverage Room is
operating on or within the premises of a Commercial Accommodation Business, he shall require that
each such Business be the subject of a separate Application and, upon completion of such
Application, compliance with this Bylaw, and upon payment of the fees described in Schedule "B"
attached hereto, be licensed separately pursuant to this Bylaw.
5.4 Where an Automated Banking Machine is operating on the Premises of any Business in the Town,
the Business upon or within whose Premises such machine is located shall require a specific Business
License for the operations of such machine unless such machine is supplied, operated and serviced
by a bank or financial institution licensed under this Bylaw and with Business Premises in the Town.
6. ELIGIBILITY FOR LICENSING
6.1
The activities proposed by every Applicant and those undertaken by every Licensee shall, as a
condition of issuance of a Business License, adhere to the Appropriate Use Requirements contained
in Schedule "A" hereto.
6.2
No Business License shall be issued to a Business carried out in part or proposed to be carried out
in part outside the Town and within Jasper National Park unless the Applicant possesses a valid and
subsisting license issued by Her Majesty the Queen in Right of Canada permitting the operation of
such Business in Jasper National Park outside of the Town.
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6.3
No Business License shall be issued until such time as the Applicant holds such valid Federal or
Provincial licenses as are required by law, or holds such other permits or approvals as may be
required by Municipality of Jasper bylaw and the onus shall be upon the Applicant to ensure that
the requirements of this section are met and copies of all such licenses shall be provided to the
Chief License Inspector by the Applicant at the time of Application.
6.4
No Business License shall be issued until such time as the Applicant holds such other permits and
approvals as may be required by Federal or Provincial law including, but not limited to, land use
development, fire code and building code permits and approvals, and copies of all such licenses,
permits and approvals shall be provided to the Chief License Inspector by the Applicant at time of
Application and, without limiting the scope and generality of the forgoing, such permits and
approvals specifically include those required by the Land Use Regulation.
6.5
No Business License shall be granted to a Street-Vendor or Busker.
6.6
Notwithstanding Section 6.5 above, the Chief License Inspector may issue a Business License to a
Street-Vendor provided all other requirements of this Bylaw are met and:
6.6.1
such Business was in 2006 the subject of a valid and subsisting Parks Canada business
license issued for such activity;
6.6.2
such Business operates only outside the Central Business District;
6.6.3
such Business sells only ice cream and ice cream products;
6.6.4
such Business operates only with and from one mobile cart;
6.6.5
the Applicant for such license was in 2006 and is at the time of Application the owner of
such Business; and
6.6.6
subsequent to 2006, such Business is Licensed under the provisions of this Bylaw in the
calendar year prior to any license Application.
7. LICENSE APPLICATIONS
7.1
An Application for a Business License, for a Renewal of a Business License, or for transfer of a
Business License shall be made to the Chief License Inspector in writing in a form established by
the Municipal Manager and, unless otherwise specified, shall be made in person at a location to be
designated by the Chief License Inspector.
7.2
An Application shall not be valid unless made by the owner or owners of the Business or an
Applicant who will be the owner or owners of a proposed Business, or by a duly authorized agent of
such owner or owners, and the Chief License Inspector may require a Statutory Declaration to be
sworn as proof of such agency.
7.3
An Application shall not be complete and a Business License shall not be issued until the fees
described in Schedule "B" attached hereto are received by the Municipal Manager, and such fees
are not refundable.
7.4
The Chief License Inspector may consult, prior to issuing or Renewing a License, with the Province
of Alberta, the Royal Canadian Mounted Police, the Parks Canada Agency, the Aspen Health
Authority, the Municipality of Jasper Fire Department, the Municipality of Jasper Environmental
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Services Department, or such other agencies and organizations he deems appropriate, to determine
whether they are in possession of information which, in the opinion of the Chief License Inspector,
renders it inappropriate for an Applicant to be issued a Business License.
7.5
Where an Applicant operates or intends to operate a Business at a specific Business Premises or
location in the Town, such Applicant shall be the Owner of such Business Premises or location or
shall provide to the Chief License Inspector proof of a valid sublease for such Business Premises or
location.
7.6
The Applicant shall provide with the application form any information required by this Bylaw or by
the Chief License Inspector.
8. POWERS
8.1
The Chief License Inspector may refuse to issue or Renew a Business License, may suspend or
cancel a Business License and may impose any conditions on a Business License for the following
reasons:
8.1.1
the Applicant or Licensee does not or no longer meets the requirements of this Bylaw,
including the Appropriate Use Guidelines, with respect to the License applied for or held;
8.1.2
the Applicant or Licensee or, in respect of the business only, any of its officers or
employees:
8.1.2.1
furnishes false information or misrepresents any fact or circumstance to a Peace
Officer or the Chief License Inspector;
8.1.2.2
has, in the opinion of the Chief License Inspector, based on reasonable grounds,
contravened this Bylaw, or any other Bylaw of the Municipality of Jasper,
whether or not the contravention has been adjudicated;
8.1.2.3
fails to pay a fine imposed by a court for a contravention of this Bylaw;
8.1.2.4
fails to pay any fee required by this Bylaw; or
8.1.3
in the opinion of the Chief License Inspector, based on reasonable grounds, it is in the
public interest to do so.
8.2
The Licensee of any Business who operates or undertakes or allows to be operated or undertaken
such Business contrary to conditions established by the Chief License Inspector in respect of such
Business is guilty of an offence and upon conviction is liable for the penalties set out in Schedule
"C" attached hereto.
8.3
The Licensee of any Business who operates or undertakes or allows to be operated or undertaken
such Business when the Business License in respect of such Business has been suspended or
revoked, is guilty of an offence and upon conviction is liable for the penalties set out in Schedule
"C" attached hereto.
8.4
A suspension of a Business License as provided for in this section may be:
8.4.1
for a period not exceeding the unexpired term of the Business License; and
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8.4.2
where the suspension is for non-compliance with the provisions of this or any other
Municipality of Jasper bylaw, until the holder of the suspended license complies with that
Bylaw.
8.5
When a suspension of a Business License pursuant to Section 8.1 herein extends past the date of
expiry of such Business License, such Business License shall not be re-issued except if it is the
subject of an Application meeting all of the requirements of this Bylaw.
9. NOTICE
9.1
Before refusing to issue or Renew a License, and before a License is suspended or cancelled or
conditions are imposed, other than conditions imposed by this Bylaw, the Chief License Inspector
shall provide the Applicant or Licensee:
9.1.1
notice in writing of the proposed refusal, suspension or cancellation or the proposed
conditions with reasons, and
9.1.2
an opportunity to make written representations to the Chief License Inspector.
10. DECISION
10.1 If a decision is made to refuse issuance or Renewal of a License, to suspend or cancel a License or
to impose conditions on a License, other than conditions imposed by this Bylaw, written notice of
the decision, which shall include reasons, may be served on the Applicant or Licensee:
10.1.1 in Person on the Applicant or Licensee or any of its officers or employees; or
10.1.2 by ordinary mail to the address in the Application or in the records of the Municipality for
the License.
10.2 After service of a notice pursuant to Section 10.1 herein:
10.2.1 the suspended or revoked Business License shall be surrendered to the Chief License
Inspector; and
10.2.2 the Business specified in the notice shall not be carried on until such time as a suspended
license is reinstated or a revoked license is reissued.
11. NON-RESIDENT BUSINESSES
11.1 Every Non-Resident Business engaging in Business in the Town shall require a Business License
issued by the Chief License Inspector pursuant to the provisions of this Bylaw and shall pay the
Business License Fee established in Schedule "B" herein.
12. INSPECTIONS
12.1 The Chief License Inspector is hereby authorized to inspect at all reasonable times:
12.1.1 any Business Premises referenced in an Application or a License as a location in which
Business does or will take place;
12.1.2 the land and lot surrounding such Business Premises;
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12.1.3 the Dwelling within which a Private Home Accommodation is a Licensed Business; and
12.1.4 the land, lot and Improvements where the Chief Licence Inspector has reasonable grounds
to believe a Business which requires a Business License is being carried on or operated
without a Business License.
12.2 Pursuant to Section 12.1 herein, "reasonable times" shall, in respect of Private Home
Accommodation businesses, include the period between 7:00 pm and 9:00 pm local time.
12.3 Every Applicant and every Business in the Town of Jasper shall permit and assist in all inspections
required by the Chief License Inspector.
12.4 Every Applicant and every Business in the Town of Jasper shall furnish to the Chief License
Inspector such identification, information or documentation as he may require in respect of an
Application, a Business or an inspection, subject always to applicable Federal and Provincial
regulation.
12.5 During an inspection undertaken pursuant to this Bylaw, the Chief License Inspector may examine
any business record or document for the purpose of enforcing this Bylaw and may remove any
relevant record or document from the business premises for the purpose of copying it, and shall
provide receipts for any document or record so removed, and shall return such document or record
to the Licensee not more forty-eight (48) hours after their removal.
12.6 No Person shall prevent, obstruct or hinder the Chief License Inspector in the course of an
inspection pursuant to this Bylaw.
13. PROOF OF BUSINESS
13.1 Proof of one Business transaction or of one offer to transact Business is sufficient to establish that
Business is being carried on.
13.2 Any advertising of a Business is sufficient to establish that the Person advertising is carrying on a
Business.
14. REVIEWS AND APPEALS
14.1 Where an Application or a fee exemption has been refused, a License revoked or suspended, a
condition or conditions attached to a Business License, or a Business assigned to a Business
category, the Applicant in question may require the Municipal Manager to review such refusal,
revocation, suspension, attachment or assignment by submitting to the Municipal Manager in
writing a request for such review not more than ten (10) days after such refusal, revocation,
suspension, attachment or assignment.
14.2 Where the Municipal Manager is in receipt of a request for a review pursuant to Section 14.1
herein, he shall conduct such review within five working days of such receipt of the request and on
completion of his review:
14.2.1 may direct an Application be accepted and a Business License be issued; or
14.2.2 may direct a fee exemption be provided; or
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14.2.3 may confirm the refusal, revocation or suspension of a Business License; or
14.2.4 may reinstate a revoked license; or
14.2.5 may vary or remove a suspension; or
14.2.6 may confirm, vary or remove conditions; or
14.2.7 may vary or confirm an assignment; and
14.2.8 shall advise the Applicant in writing of his decision and the reasons for it not less than five
working days after the conclusion of his review.
14.3 Every refusal, revocation, suspension, attachment of conditions, or assignment which is the subject
of a review by the Municipal Manager shall remain in effect during such review and until or unless
varied or removed by the Municipal Manager.
14.4 An Applicant who makes a request pursuant to s. 14.1 may appeal to Council a decision of the
Municipal Manager pursuant to Section 14.2 herein by submitting to Council in writing a request for
such appeal not more than ten (10) days after delivery by the Municipal Manager of notification of
his decision pursuant to Section 14.2 herein.
14.5 Where Council is in receipt of an appeal pursuant to Section 14.4 herein, it shall within 21 days of
such receipt convene an appeal hearing to which the Applicant shall be invited in writing and upon
conclusion of such appeal shall within five working days notify the Applicant, in writing, of its
decision to:
14.5.1 direct an Application be accepted and a Business License be issued; or
14.5.2 direct a fee exemption be provided; or
14.5.3 confirm the refusal, revocation or suspension of a Business License; or
14.5.4 reinstate a revoked license; or
14.5.5 vary or remove a suspension; or
14.5.6 confirm, vary or remove conditions; or
14.5.7 vary or confirm an assignment.
14.6 Where Council is in receipt of an appeal pursuant to section 14.4 herein, the Municipal Manager's
decision pursuant to Section 14.2 herein shall remain in effect during such appeal and until Council
has delivered notification of its decision pursuant to the requirements of Section 14.5 herein.
15. OFFENSES
15.1 Any Person who contravenes this Bylaw is guilty of an offence.
15.2 Persons contravening certain Sections of this Bylaw shall be liable for the penalties set out opposite
such Section number in Schedule "C" hereto.
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15.3 A Person who is guilty of an offence under this Bylaw for which a penalty is not otherwise provided
is liable for the fine as specified in Schedule "C" hereto.
15.4 Every day during which a Person engages in or undertakes Business contrary to the provisions of
this Bylaw shall constitute a new offence and the Person so doing is guilty of such offence and
upon conviction is liable for the penalties set out in Schedule "C" attached hereto.
15.5 No Person shall, on land in the Town designated in the Land Use Regulation as R1, R2, R3 or R4,
engage in or undertake the Business of renting or offering for rent, Private Home Accommodation
by the night unless such Person is in possession of a valid and subsisting Business License issued
by the Chief License Inspector in respect of such accommodation which shall specify which
portions of the Dwelling on such land are to be used for such purpose and any Person so doing
and any Person renting or offering for rent accommodation other than that specified in the
Business License is guilty of an offence and upon conviction is liable for the penalties set out in
Schedule "C" hereto.
16. MUNICIPAL VIOLATION TICKETS
16.1 A Peace Officer is hereby authorized and empowered to issue a Municipal Violation Ticket to any
Person the Peace Officer has reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
16.2 A Municipal Violation Ticket shall be deemed to be sufficiently served:
16.2.1 if served personally on the accused; or
16.2.2 if mailed to the accused by registered mail.
16.3 The Municipal Violation Ticket shall be in a form approved by the Municipal Manager and shall
state:
16.3.1 the name of the Person alleged to have committed the offence;
16.3.2 the offence;
16.3.3 the municipal or legal description of the land on or near where the offence took place;
16.3.4 the penalty for the offence as specified in Schedule "C" of this Bylaw;
16.3.5 that the penalty shall be paid within 30 days of the issuance of the Municipal Violation
Ticket; and
16.3.6 any other information as may be required by the Municipal Manager.
16.4 Where a Municipal Violation Ticket is issued pursuant to this Bylaw, the Person to whom such ticket
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 Violation Ticket.
17. PROVINCIAL VIOLATION TICKET
17.1 In those cases where a Municipal Violation Ticket has been issued and the penalty specified on
such ticket has not been paid within the prescribed time, a Peace Officer is hereby authorized and
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empowered to issue a Provincial Violation Ticket pursuant to Part 2 of the Provincial Offences
Procedure Act, R.S.A. 2000, c.P-34 as amended.
17.2 Notwithstanding Section 17.1 herein, a Peace Officer is hereby authorized and empowered to
immediately issue a Provincial Violation Ticket pursuant to Part 2 of the Provincial Offences
Procedure Act, R.S.A. 2000, c.P-34, as amended, to any person whom the Peace Officer has
reason to believe has contravened any provision of this Bylaw.
18. SEVERABILITY
18.1 If any provision herein is adjudged by a Court of competent jurisdiction to be invalid for any
reason, then that provision shall be severed from the remainder of this Bylaw and all other
provisions of this Bylaw shall remain valid and enforceable.
18.2 If any provision herein is adjudged to be repugnant to any federal regulation or legislation, this
Bylaw shall continue in full force and effect but any such repugnant provision shall be of no force
or effect until such time as the repugnancy is removed by repeal or amendment of the federal
legislation or regulation.
19. COMING INTO EFFECT
19.1 This Bylaw shall come into force and effect on the final day of passing thereof.
19.2 Business Licenses issued by the Chief License Inspector shall be effective on the date specified
upon the License by the Chief License Inspector and every License shall cease to have force and
effect at midnight on the 31st day of March following the specified effective date.
GIVEN FIRST READING THIS 10th DAY OF JUNE A.D., 2008
GIVEN SECOND READING THIS 17th DAY OF JUNE A.D., 2008
GIVEN THIRD AND FINAL READING THIS 8th DAY OF JULY A.D., 2008
________________________________
Mayor
________________________________
Chief Administrative Officer
OFFICE CONSOLIDATION This document is a consolidation of a bylaw with one or more
amending bylaws. Anyone making use of this consolidation is reminded that it has no legislative
sanction. Amendments have been included for convenience of reference only. The approved
bylaws should be consulted for all purposes of interpreting and applying the law.
Bylaws included in this consolidation:
2024-03 Bylaw #110 Town of Jasper Business Licensing Bylaw 2008A
2024-03 Bylaw #260 Rates and Fees Bylaw 2024
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SCHEDULE A
Appropriate Use Requirements
1. Commercial businesses in the Town of Jasper shall operate so as to be consistent with
the Appropriate Use Criteria contained in the Jasper National Park Management Plan, the
Jasper Community Land Use Plan, and the Jasper Land Use Regulations, as amended.
2. Commercial businesses in the Town of Jasper should support sustainable use and
enjoyment of the Jasper community and surrounding national parks lands.
3. Commercial businesses in the Town of Jasper should encourage enjoyment of the park
and community cultural and natural resources and not be attractions unto themselves.
4. Commercial businesses in the Town of Jasper should be consistent with ecological and
commemorative integrity and be appropriate to a World Heritage Site.
5. Commercial businesses in the Town of Jasper should either be a resident service or
contribute to visitor services.
6. Commercial businesses in the Town of Jasper should not be a value-added process for
production of products to be sold elsewhere and must have a need to be in the Town.
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SCHEDULE B
Fees
License Fees:
All Businesses
$185
Office consolidation: Fee amended by Bylaw #260 Rates and Fees Bylaw 2024
Other Fees:
License Transfer
$100
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SCHEDULE C
Penalties
Section
3.2
Engage in or undertake Business in the Town while not in possession of a
valid and substituting Business License in respect of such Business:
1st offence
$250
2nd and subsequent offences within one (1) calendar year
of any previous offence under this Section
$500
8.2
Engage in or undertake Business in the Town contrary to conditions
established by the Chief License Inspector in respect of such Business:
1st offence
$250
2nd and subsequent offences within one (1) calendar year
of any previous offence under this Section
$500
8.3
Engage in or undertake Business in the Town when the Business License
issued in respect of such Business has been revoked or suspended by the
Chief License Inspector:
1st offence
$500
2nd and subsequent offences within one (1) calendar year
of any previous offence under this Section
$500
15.5
On land in the Town designated in the Land Use Regulation as R1, R2, R3 or
R4, engage in or undertake the Business of renting or offering for rent
accommodation by the night unless such Person is in possession of a valid
and subsisting Business License issued by the Chief License Inspector in
respect of such accommodation and specifying which portions of the Dwelling
on such land are to be used for such purpose or renting or offering for rent
accommodation other than that specified in the Business License.
1st offence
$250
2nd and subsequent offences within one (1) calendar year
$500
15.3
Any offence for which a specified penalty is not provided in this Bylaw:
1st offence
$250
2nd and subsequent offences within one (1) calendar year
$500