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TOWN OF OYEN
BY-LAW NO. 808-11
A BY-LAW OF THE TOWN OF OYEN IN THE PROVINCE OF ALBERTA, PROVIDING FOR
THE LICENSING OF ALL BUSINESS ENTERPRISES OPERATING WITHIN THE
CORPORATE LIMITS OF THE TOWN OF OYEN.
WHEREAS, by virtue of the power conferred on it by the Municipal Government Act, R.S.A.
1994; the Council of the Town Of Oyen, in the Province Of Alberta, duly assembled, enacts as
follows:
SECTION 1 - SHORT TITLE
1.
This by-law shall be known and may be cited as the "BUSINESS LICENSE BY-LAW" of
the Town of Oyen.
SECTION 2 - DEFINITIONS
2.
In this by-law the following terms (unless the context specifically requires otherwise) shall
have the following meanings:
.1
"APPLICANT" shall mean a Person who applies for:
a)
a License, or
b)
a renewal of an existing License, or
c)
a transfer of an existing License.
.2
"APPLICATION" shall mean a written Application for a Business License on a
form provided by the License Inspector.
.3
"BUSINESS LICENSE" shall mean a License issued pursuant to this by-law.
.4
"BUSINESS PREMISES" shall mean any place where a Person is Carrying On
Business and includes any land, building, structure, vehicle, or location.
.5
"CARRYING ON BUSINESS" shall include any trade, profession,
industry, vocation, or calling that provides goods and/or services for
gain, benefit, advantage, or livelihood. Proof of one (1) transaction
in the business within the boundaries of the Town is sufficient to
establish that the Person carried on or engaged in the business.
.6
"CHARITABLE OR NOT FOR PROFIT ORGANIZATION" shall mean a Person or
association of Persons acting for a charity or in the promotion of general social
welfare and includes:
a)
a religious society or organization; or
b)
a s e r v i c e c l u b ; o r
c)
a community veterans or youth organization; or
d)
a social sport or fraternal organization or club; or
e)
an employer or employees' organization.
.7
"CHIEF ADMINISTRATIVE OFFICER" means the Manager of the Town and
anyone authorized to act on his/her behalf.
.8
"COUNCIL" shall mean the Municipal Council of the Town of Oyen.
.9
"CRAFT OR TRADE SHOW" means an organized activity at which:
a)
crafts, goods or services are displayed and/or for sale by Not for Profit
Organization(s); or
b)
trades people are offering goods or services for sale for a profit
PAGE 2 OF BY-LAW NO. 808-11
.10
"GARAGE SALES" 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.
.11
"GENERAL CONTRACTOR" shall mean any Person who enters into a contract
for the erection, alteration, cleaning, moving, repair, or demolition of a building or
structure, and who enters into contracts with Sub-Contractors for the
undertaking of certain elements of the overall project.
.12
"HOME OCCUPATION" means an occupation, trade, profession, or craft carried
on in a residential building by one or more of the occupants of the residence and
which use of the dwelling is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof.
.13
"HOME OCCUPATION - CATALOGUE SALES or HOME PARTY BUSINESS"
means a Business which normally conduct business at the home of clients or
customers.
.14
"LICENSE" shall mean a License issued pursuant to this by-law.
.15
"LICENSEE" shall mean a Person holding a valid and subsisting License issued
pursuant to the provisions of this by-law.
.16
"LICENSE FEE" shall be that fee set out in Schedule "A" of this by-law.
.17
"LICENSE INSPECTOR" shall mean an employee of the Town appointed from
time to time by the Town as a License Inspector.
.18
"LICENSE YEAR" means the period commencing January 1st and ending on
December 31st of the same calendar year.
.19
"MECHANICAL TRADE" means any Person who, for compensation, carries on
any of the trades designated in the regulations passed pursuant to the
Apprenticeship and Industry Training Act, 1992, and includes:
a)
electrical contractor;
b)
plumbing contractor;
c)
steamfitting & pipefitting contractor;
d)
gasfitting contractor;
e)
motor mechanic;
f)
auto body mechanic;
g)
sheet metal contractor;
h)
electronic technician;
i)
refrigeration mechanic;
j)
heavy duty mechanic;
k)
elevator contractor;
l)
locksmith.
NOTE: The Business License requirements of this by-law apply to the
Mechanical Trade and not to employees of the licensed Mechanical Trade.
.20
"NON-RESIDENT BUSINESS" shall mean a business that is not a Resident
Business.
.21
"OFFICER" shall mean a Community Peace Officer appointed by the Town
pursuant to the Municipal Government Act to enforce Town by-laws and includes
a member of the Royal Canadian Mounted Police and when authorized a Special
Constable.
.22
"PEDDLER" shall mean any Person who as principal or agent of a "Non-
Resident Business" carries on business in the Municipality by:
PAGE 3 OF BY-LAW NO. 808-11
a)
Carrying On Business transactions by soliciting and taking orders by
telephone, by mail, or by other means for the sale of merchandise or
services; or
b)
going from house to house offering for sale and selling any merchandise
or service; or
c)
offering for sale and selling any merchandise or service to be afterwards
delivered into or shipped into the Town; or
d)
selling merchandise or services on streets, parking lots, or elsewhere that
is not a permanent Business Premises.
NOTE: The definition of a Peddler does not include any Person selling meat fruit,
or other farm produce that has been raised or grown by himself. The
definition of Peddler does include all Persons that may on occasion be
referred to as hucksters or transient traders.
.23
"PERSON" shall mean a natural Person, trustee, legal representative,
proprietorship, body corporate, association, or partnership.
.24
"REAL ESTATE BUSINESS" shall mean a business which facilitates the sale of
real property, as defined within and governed by the Real Estate Act.
.25
"RENTAL ACCOMMODATION BUSINESS" shall mean Carrying On Business
by the renting or leasing of any building or portion thereof approved for the use
and used as three (3) or more dwelling units.
.26
"RESIDENT BUSINESS" shall mean a business that has a permanent Business
Premises:
a)
within the corporate limits of the Town; or
b)
within the boundaries of the Municipal District of Acadia #34; or
c)
within the boundaries of Special Area 3.
.27
"SEASONAL BUSINESS" shall mean:
a)
a garden tilling business; or
b)
a weed cutting business; or
c)
a snow removal business; or
d)
other business activities that are seasonal in nature;
.28
"SUB-CONTRACTOR" shall mean any Person who enters into a contract with a
General Contractor for the erection, alteration, moving, cleaning, repair or
demolition of any building or structure in the Town and, the includes a Person
who carries on any one or more of the following businesses:
a)
builder or carpenter;
b)
roofing, siding application, and window/door moulding capping, stucco
application, glass installing, door installing, plastering, or eavestrough
installing;
c)
excavating, landscaping, concrete or asphalt installing, reinforcing steel
installing, sewer or water pipe and equipment installation, or paving;
d)
structural steel installation, welding contracting, brick or stone mason;
e)
building movers or demolition;
f)
drywall and lath installing, flooring installing, painting and decorating,
paper hanging, terrazzo or tile contracting;
g)
ceiling installing, acoustical installation;
h)
janitor service, window washing contractor, rug and upholstery cleaning,
or chimney cleaning.
.29
"TOWN" means the Municipal Corporation of the Town of Oyen in the Province of
Alberta.
.30
"VIOLATION TAG" means a tag or similar document issued by the Town
PAGE 4 OF BY-LAW NO. 808-11
pursuant to Section 110 of the Municipal Government Act.
.31
"VIOLATION TICKET" means a ticket issued pursuant to Part II of the Provincial
Offences Procedure Act S.A. (1988), c P-21.5, as amended, and regulations
there under.
SECTION 3 - REQUIREMENT OF BUSINESS LICENSE
3
Every Person Carrying On Business within the corporate limits of the Town is required
to have a valid and subsisting Business License issued pursuant to the provisions of
this by-law unless exempted by Federal or Provincial statutes or regulations.
SECTION 4 - LICENSE APPLICATION
4
Application for a Business License shall:
.1
Be in writing on a form provided by the License Inspector;
.2
Be signed and submitted by the Person or a director or officer of the Person
intending to carry on the business; and
.3
Be accompanied by a Certificate of Qualification where such Certificate is
required by Federal of Provincial statute or regulation for the operation or
performance of a particular business, calling, profession, trade, or occupation;
and
.4
Be subject to the approval of a Development Permit for the location of the
proposed business; and
.5
Include payment of the Business License Fee as set out in Schedule `A' of this
by-law.
SECTION 5 - POSTING AND INSPECTION
5.1
Every Business License issued pursuant to this by-law shall be made out and delivered
or mailed to the Licensee who shall post the License in a conspicuous place on the
Business Premises.
5.2
Every Peddler engaged in Carrying On Business in the Town shall carry on his
Person a Business License receipt issued by the office of the License Inspector
showing thereon the number of the Business License represented by that receipt.
5.3
A Licensee shall produce the Business License or in the case of a Peddler, a receipt
for payment for the License, for inspection purposes whenever required to do so by the
License Inspector.
5.4
All Business Premises located within the corporate limits of the Town in respect of
which a License has been applied for or has been issued pursuant to the provisions of
this by-law shall be subject to inspection by the License Inspector.
5.5
The License Inspector is hereby authorized to enter into any Business Premises
during normal business hours located within the corporate limits of the Town in respect
of which a License has been applied for or has been issued pursuant to the provisions
of this by-law, to inspect for conditions that may contravene or fail to comply with the
provisions of this by-law.
SECTION 6 - REFUSALS, REVOCATIONS, OR SUSPENSIONS
PAGE 5 OF BY-LAW NO. 808-11
6.1
The License Inspector may refuse to grant a Business License if, in his opinion, there
are just and reasonable grounds for the refusal. Failure to comply with the License
Application requirements contained herein shall be grounds for refusal of a License
application.
6.2
The License Inspector may revoke or suspend a Business License if, in his opinion,
there are just and reasonable grounds for the revocation or suspension.
SECTION 7 - NOTICE OF REVOCATION OR SUSPENSION
7.1
Upon a Business License being revoked or suspended, the License Inspector shall
notify the holder of the License by delivering the notice personally, or by registered or
certified mail to the place of business as shown on the License.
SECTION 8 - APPEALS
8.1
In every case where a Business License has been refused, revoked, or suspended the
Applicant may appeal to the Town Council who may:
a)
confirm the refusal, revocation, or suspension, or
b)
direct the License to be issued, or
c)
reinstate the revoked License, or
d)
remove or vary the suspension.
8.2
An appeal under this section shall be made by the Applicant within thirty (30) days after
such refusal, revocation, or suspension.
8.3
All appeals under this section shall be made in writing addressed to the Chief
Administrative Officer of the Town and shall be dated as of the date received by the
Chief Administrative Officer.
8.4
Where a Business License is revoked or surrendered, the Licensee is entitled to a
refund of one dollar ($1.00).
SECTION 9 - TERM OF LICENSE
9
Every Business License issued under the provisions of this by-law shall terminate at
midnight on the 31st day of December of the License Year in which the License was
issued unless the License is revoked or surrendered.
SECTION 10 - TRANSFER OF BUSINESS LICENSE
10.1
A Licensee may transfer a License issued to him upon approval of the License
Inspector and by paying the transfer fee as prescribed by this by-law. Application for
the transfer of a business License shall:
a)
be in writing on a form provided by the License Inspector; and
b)
be signed and submitted by the Person or a director or officer of the Person
intending to carry on the business; and
c)
be accompanied by a Certificate of Qualification where such Certificate is
required by Federal of Provincial statute or regulation for the operation or
performance of a particular business, calling, profession, trade, or occupation;
and
d)
be subject to the approval of a Development Permit for the location of the
proposed business; and
e)
include all applicable legal documentation releasing the rights and interests of the
previous Licensee.
PAGE 6 OF BY-LAW NO. 808-11
SECTION 11 - LICENSE FEES
11.1
Every Person who carries on Business within the corporate limits of the Town shall pay
each year to the Town the applicable License Fee as set out in Schedule "A" which
forms part of this by-law. If the required License Fee has not been received by the
Town before the first day of March of the current License year, the Person Carrying On
Business will be deemed in contravention of this by-law.
11.2
The fee payable for a new Business License issued between the 1st day of January
and the 31st day of August in any License Year shall be the License Fee for the full
year.
11.3
The fee payable for a new Business License issued between the 1st day of September
and the 30th day of November shall be one-half of the prescribed License Fee for the
full year.
11.4
The License Fee, for a new business, payable after the 1st day of December of the
License Year in which it is issued shall be applied to the next License Year.
11.5
The provisions of Sections 11.1, 11.2, 11.3, 11.4 shall not apply to License Fees for
Peddlers or a Seasonal Business (see 11.6 & 11.7).
11.6
A Business License for a Peddler shall be applied for and be subject to the approval of
the License Inspector prior to the Person Carrying On Business in the Town. A
Business License for a Peddler shall be valid for only the term specified at the time of
Application for the Business License. A License Fee as set out in Schedule "A" for a
Peddler shall be paid to the Town at the time of the License Application.
11.7
A Business License for a Seasonal Business shall be applied for and be subject to the
approval of the License Inspector prior to the Person Carrying On Business in the
Town. A License Fee as set out in Schedule "A" for a Seasonal Business shall be
paid to the Town at the time of the License Application.
SECTION 12 - EXEMPTIONS
12.1
a)
From time to time the Town receives requests from various schools and
charitable or not for profit organizations to conduct door to door fundraising within
the corporate limits of the Town. As the Town understands the merits of
permitting various charitable or not for profit organizations to conduct fundraising
activities in this manner, the Town will consider the merits of various schools and
charitable and not for profit organizations to conduct fundraising in this manner.
Such applications will only be considered upon submission of a request in writing
to the License Inspector.
b)
Upon receipt of a written request for fundraising from a school and bona fide
charitable or non-profit organization, the License Inspector for the Town will
consider the request. This will be contingent on the applicant providing:
(i)
their registration number (If applicable); and
(ii)
the dates requested for the fund raising activity.
Where the date requested is deemed unacceptable as a result of other
community activities or other pre-established approvals for that particular date, an
alternate date may be mutually agreed on.
c)
No more than two fundraisers will be permitted on any particular date.
d)
Upon a particular fundraising activity being deemed acceptable by the License
Inspector, the License Inspector shall provide authorization to the applicant in
PAGE 7 OF BY-LAW NO. 808-11
writing, of the particular fundraising actively, specifying the name of the
organization and the dates specific to the activity.
e)
Each person involved in the fundraising activity shall as a condition to any
approval carry and be prepared to provide personal identification as well as a
copy of the letter, which authorizes the fundraising activity.
f)
The License Inspector may, at his discretion create a "proposed schedule" for
fundraising activities that may be used on a ongoing yearly basis, in order to
regulate and maintain consistency in the scheduling from year to year. However,
the application and confirmation process must occur on a year to year basis.
12.2
The provisions of this by-law shall not apply to businesses exempted by Provincial or
Federal Statutes or regulations.
12.3
The holder of a Business License issued for a Craft or Trade Show in which all
participants are Not for Profit Organizations and where the proceeds of the Craft or
Trade Show are stated to be utilized toward a project within the Town may apply to the
License Inspector for a refund of the Business License Fee The organizer / holder of
the Business License for said Craft of Trade Show must supply a listing of all
participants and the types of the products/service they will be selling.
12.4
Garage Sales shall be permitted without a Business License subject to the following:
a)
a maximum of two (2) garage sales in each calendar year may be conducted on
each private residential property in the Town; and
b)
a garage sale must not be conducted for a period of more than three days,
whether consecutive or not.
SECTION 13 - PENALTIES
13.1
Any Person who contravenes a provision of this by-law is guilty of an offence and is liable
to a penalty in the amount of $100.00 for the first offence and $200.00 for each
subsequent offence.
13.2
Under no circumstances shall any Person contravening any provision of this by-law be
subject to the penalty of imprisonment.
13.3
Nothing is this by-law shall be construed as curtailing or abridging the right of the Town
to obtain compensation or to maintain and action for loss of or damages to property from
or against the Person or Persons responsible.
SECTION 14 - VIOLATION TAG
14.1
An Officer is hereby authorized and empowered to issue a Violation Tag to any Person
who the Officer has reasonable and probable ground to believe has contravened any
provision of this by-law.
14.2
A Violation Tag may be issued to such Person:
a)
either personally; or
b)
by mailing a copy to such Person at his or her last known post office address.
14.3
The Violation Tag shall be in a form approved by the Town or the responsible Town
Official and shall state:
a)
the name of the Person;
b)
the offence;
c)
the appropriate penalty for the offence as specified in Section 13 of this by-law;
d)
that the penalty shall be paid within thirty (30) days of issuance of the Violation
Tag; and
PAGE 8 OF BY-LAW NO. 808-11
e)
any other information that may be required by the Town.
14.4
Where contravention of this by-law is of a continuing nature, further Violation Tags may
be issued by an Officer providing that no more than one Violating Tag shall be issued for
each day that the contravention continues.
14.5
Where a Violation Tag is issued pursuant to this by-law, the Person to who the Violation
Tag is issued, may, in lieu of being prosecuted for the offence, pay to the Town
Treasurer the penalty specified in the Violation Tag.
14.6
Nothing in this by-law shall prevent an Officer from immediately issuing a Violation Ticket
for the mandatory Court appearance of any Person who contravenes a provision of this
by-law.
SECTION 15 - VIOLATION TICKET
15.1
If the penalty specified in a Violation Tag is not paid within the prescribed time period
then an Officer is hereby authorized and empowered to issue a Violation Ticket pursuant
to Part 2 of the Provincial Offences Procedure Act.
15.2
When a Violation Ticket is issued, a Person who wished to plead guilty may make a
voluntary payment by paying an amount equal to the specified penalty for the offence as
provided for in Section 13 of this by-law.
SECTION 16 - SEVERABILITY
16.1
Should any provision of this by-law be invalid, then such invalid provision shall be
severed and the remaining by-law shall be maintained.
SECTION 17 - REPEAL OF BY-LAW
17.1
The Town of Oyen By-law No. 647 is hereby repealed upon this by-law coming into
effect.
Read a first time this 6th day of December, 2011
Read a second time this 6th day of December, 2011
Read a third time and passed this 6th day of December, 2011
Original signed by
Paul Christianson
_____________________________
MAYOR
Original signed by
Hermann Minderlein
_____________________________
CHIEF ADMINISTRATIVE OFFICER
SCHEDULE "A"
RESIDENT BUSINESS
$ 25.00
NON-RESIDENT BUSINESS
$100.00
HOME OCCUPATION - OTHER THAN CATALOGUE SALES
$ 50.00
HOME OCCUPATION - CATALOGUE SALES
or HOME PARTY BUSINESS
$ 10.00
PEDDLER
- full year
$500.00
- per month
$250.00
- per week
$150.00
- per day
$100.00
CIRCUS, CARNIVAL, OR RODEO
- per day
$100.00
SEASONAL BUSINESS
$ 10.00
BUSINESS LICENSE TRANSFER FEE
$ 10.00
CRAFT OR TRADE SHOW
- per day
$100.00