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Bylaw No. 3609/2018
1
BYLAW NO. 3609/2018
A Bylaw to licence and regulate businesses within the City of Red Deer.
THE MUNICIPAL COUNCIL OF THE CITY OF RED DEER IN THE PROVINCE OF
ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS:
1.
This Bylaw may be cited as the Business Licence Bylaw.
2.
1In this Bylaw:
(a)
"Account Reactivation Fee" means the fee charged to a business licence
account when a Licensee requests that a business licence account be
reactivated:
i.
after the Licensee cancels the account because the Business is
closed; or
ii.
the Business Licensee account was closed because the Licensee
failed to provide required documentation; or
iii. the annual fee for the business license was not paid;
(b)
"Administration Fee" means the fee charged to an applicant when a
business licence is cancelled pursuant to section 38(a) or (b);
(c)
"Auto Wrecker", "Salvage Yard" and "Scrap Metal Dealers" means a
Business where scrap metal, material from demolished buildings or
structures, recyclable material, scrapped or demolished motor vehicles,
junk or salvage of any type is purchased, received, processed, stored or
dismantled prior to being resold or disposed of;
(d)
"Business" means:
i.
a commercial, merchandising or industrial activity or undertaking;
ii.
a profession, trade, occupation, calling or employment; or
iii. an activity providing goods or services,
whether or not for profit and however organized or formed, including a co-
operative or association of Persons;
(e)
"Business Licence Fee" means the annual fee charged to a business
licence account for a business licence;
(f)
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other substance defined as
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cannabis in the Cannabis Act (Canada) and its regulations, as amended
from time to time and includes edible products that contain cannabis;
(g)
"Cannabis Production Facility" means any building in which an activity
authorized by the Cannabis Act (Canada) or any successor or replacement
legislation or regulation, is or may be conducted, including such activities as
growing, producing, labelling, packaging, storing and transporting of
cannabis;
(h)
"Cannabis Retail Sales" means a retail store that is licensed by the
Province of Alberta where Cannabis and Cannabis Accessories are lawfully
sold to individuals who attend at the Premises;
(i)
"Carry On", "Carrying On", "Carried On" and "Carries On" means to
conduct, operate, perform, keep, hold, occupy, deal in or use, for a fee or
exchange of benefits, whether as principal or agent;
(j)
"Change Fee" means the fee charged to a business licence account when
a Licensee:
i.
changes the physical address of the Business Premises;
ii.
changes any names on a licence; or
iii. makes any other change that necessitates a physical change to the
business licence provided to the Licensee;
(k)
"City" means the City of Red Deer;
(l)
"Direct Seller" means the activities of soliciting, negotiating or concluding in
person, at any place other than the seller's place of business, sales
contracts, including direct sales contracts to which Part 3 of the Consumer
Protection Act applies, for the provision of goods or services, where the
buyer is a consumer, as per the Designation Of Trades And Businesses
Regulation, Alberta Regulation 178/1999;
(m)
"Drinking Establishment" means a business the primary purpose of which
is the sale of alcoholic beverages for consumption on the Premises in which
the business is located and the secondary purposes of which may include
entertainment, dancing, music, the preparation and sale of food for
consumption on the Premises, take-out food services, the sale of alcoholic
beverages for consumption away from the Premises. A Drinking
Establishment includes any Premises in respect of which a "Class A" Liquor
Licence has been issued by the Alberta Gaming and Liquor Commission and
where the terms of the licence prohibit minors;
(n)
1"Electric Scooters (E-Scooters)" means a vehicle that:
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i.
has been granted a permit to operate by the province of Alberta;
ii.
has steering handlebars;
iii. consists of a footboard mount on two or three wheels; and
iv. while capable of being propelled by muscular power, may be propelled
by one or more electric motors;
(o)
"Food Services" means a Mobile Business Unit that has a secondary heat
source (whether gas, propane, or electric) and is used to produce, cook, sell
or distribute food;
(p)
"Home Occupation" means a Business Carried On by a Person, who is an
occupant of a residential building, as a use secondary to the residential use
of that building;
(q)
"Late Night Club" means a facility, the primary purpose of which is to host
late night events where:
i.
no alcohol or alcoholic beverages are available on the Premises for
consumption or sale;
ii.
20 or more patrons are assembled at any time between 3:00 a.m. and
6:00 a.m.;
iii. the events are held for the purpose of gain or profit;
iv. tickets are sold or an entrance or attendance fee is charged for
patrons to attend; and
v.
music, noise or sound of any kind or source, including but not limited
to amplified recorded or computer generated music, amplified
recorded or computer generated sounds, live music, sound or band
music is performed or played;
(r)
"Late Renewal Charge" means the monthly fee charged to a business
licence account when a Licensee fails to pay the annual business licence
fee by the deadline set out on the renewal notice;
(s)
"Licensee" means the Person to whom a business licence has been
granted;
(t)
"Market" means the Business of providing for rent, stalls, tables, spaces to
merchants displaying for sale, offering for sale and selling goods to the
public;
(u)
"Mobile Business Unit" means a motor vehicle, push cart or temporary
structure or display, or stand from which a Business is Carried On for the
purpose of offering for sale, products including food, which does not contain
or include customer seating and is capable of being moved from location to
location;
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(v)
"Mobile Supervised Consumption Services" means a Business operated
within a Mobile Supervised Consumption Services Unit, pursuant to an
exemption granted for medical purposes by the federal government, offering
a supervised and controlled environment where a Person may consume a
controlled substance that was obtained in a manner not authorized under
the Controlled Drugs and Substances Act;
(w)
"Mobile Supervised Consumption Services Unit" means a vehicle
designed or retrofitted to accommodate Mobile Supervised Consumption
Services and having no more than two-booths and room for two people to
recover post-consumption;
(x)
1"Not for Profit Organization" means a:
i.
society established under the Societies Act, R.S.A. 1980, c. S-18;
ii.
registered charity established under the Income Tax Act; R.S.A. 1985,
c.1;
iii. company incorporated under Part 9 of the Companies Act, R.S.A.
1980, c. C-20;
iv. company incorporated under the Canada Not-for-Profit Corporations
Act, S.C. 2009, c. C-23; or
v.
society, charity, or company established under successor or
replacement legislation to any of the Acts referred to above;
(y)
"Non Resident Business" means a Business that Carries On operations in
the City that is not a Resident Business;
(z)
"Pawn" means to give as a deposit anything in pledge or as security for the
payment of a loan or debt;
(aa)
"Pawnbroker" means a Person who Carries On the Business of loaning or
holding oneself out as ready to loan money on the security of the pawn of
property but does not include a bank, trust company, credit union or other
similar institution, and includes an agent or employee;
(bb)
"Pawned Goods" means any item that is pawned but does not include real
property;
(cc)
"Pawn Shop" means a place of Business, which is not a residence, where
a Person may Pawn Goods;
(dd)
"Peace Officer" means a Peace Officer as defined in the Provincial
Offences Procedure Act, S.A. 1988, c P-21.5;
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(ee)
1"Permanent Supervised Consumption Site" means a Business
operated within a standalone location, pursuant to an exemption granted
for medical purposes by the federal government, offering a supervised and
controlled environment where a Person may consume a controlled
substance that was obtained in a manner not authorized under the
Controlled Drugs and Substances Act;
(ff)
"Person" includes an
individual, sole proprietorship, corporation,
partnership, joint venture, co-operative or society;
(gg)
"Premises" means land, buildings, or structures;
(hh)
"Regulated Business" means a Business that is identified in a Schedule to
this bylaw, excluding Schedule "A" and Schedule "K";
(ii)
"Resident Business" means a Business that Carries On operations in the
City that either:
i.
carries On a Business from Premises in the City which the Person
owns or rents; or
ii.
in the case of a Business Carried On by a corporation, the corporation
has a registered office in the City; or
iii. in the case of a Business carried on by one or more individuals, at
least one of the individuals involved in the operation of the Business,
permanently resides in the City;
(jj)
"Salvage Yard" see Auto Wrecker;
(kk)
"Scrap Metal Dealer" see Auto Wrecker;
(ll)
"Second Hand Dealer" means the Business of acquiring second-hand
property by trade, purchase or consignment, for the purpose of selling or
offering for sale, but does not include auction sales, Auto Wrecker, Salvage
Yard, Scrap Metal Dealer or recycling depots;
(mm) 2"Second Hand Goods" means any item that is being transferred to a
second or later end user but does not include real property;
(nn)
"Short Term Licence" means a licence that is valid for not more than four
(4) consecutive months; and
(oo)
"Trade Shows" means an exposition where Businesses in a specific
industry can gather to display, demonstrate or sell products or services to
other participants or the general public, in a single event operated over the
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course of one day or one weekend.
City Manager
3.
The City Manager is authorized to:
(a)
receive and consider applications for business licences, including the
power to consult with, obtain information from and verify information with
other employees or agents of the City, other governments, government
agencies or Persons;
(b)
issue business licences, impose conditions on business licences and
refuse to issue business licences;
(c)
revoke and suspend business licences;
(d)
keep a record of all business licences issued and any particulars of those
licences;
(e)
maintain a register of business licences that is available to all departments
of the City to access for the purpose of administering and enforcing this
bylaw, any other bylaw of the City or an enactment of Alberta or Canada;
(f)
undertake any inspections of lands or buildings and make any inquiries
necessary to ensure compliance with this bylaw;
(g)
be responsible for the administration and enforcement of this bylaw; and
(h)
exercise any other power, responsibility or discretion provided under this
bylaw.
Directory
4.
1The City Manager may produce or authorize the production of a publicly
accessible directory of Businesses Carrying on Business in the City.
5.
2The directory may contain any information provided, to the City, by an applicant
or Licensee under this bylaw.
6.
3When an applicant or Licensee provides information under this bylaw, the
Business information provided, including the address where the Business is
Carried On, phone number and email, will be included in the directory. The
address where a Home Occupation is Carried On will not be provided in the
directory.
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7.
The City Manager may establish terms and conditions under which a directory is
1produced or information included in it.
8.
The City Manager may also include information in the directory in relation to a
Person who 2Carries on Business in the City but is not required to hold a
business licence under this bylaw:
(a)
on the request of that Person; and
(b)
on terms and conditions established by the City Manager, including
payment of a fee for inclusion.
Requirement for a Business Licence
9.
A Person that Carries On a Business in 3the City must hold a valid business
licence authorizing the Person to Carry On that Business.
9.1
4A Person that Carries On a Business in the City from more than one location in
the City must hold a separate, valid business licence authorizing the Person to
Carry On that Business for each location. For the purposes of this bylaw, any
advertising and signage for a Business, trade or occupation shall be deemed to
be proof of the fact that Person is Carrying On such Business, trade or
occupation at the location identified by the advertising or signage.
10.
Section 9 applies whether a Person Carries On a Business as a principal or as
an agent.
510.1 A business licence is required for the following:
(a)
each location that a Business operates out of; and
(b)
each separate Business operating out of a shared location where the
Businesses are independent of each other.
Home Occupation
10.2 No business licence for a Home Occupation shall be granted until the applicant
has first obtained the necessary development approval under the applicable land
use regulations of the City and provided proof of that approval as part of the
application for a business licence.
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Exclusions from the Requirement for a Business Licence
11.
The following Persons may Carry On a Business in 1the City without a business
licence:
(a)
the Crown in right of Alberta;
(b)
the Crown in right of Canada;
(c)
The City; and
(d)
a Person whose Business is expressly exempted from the requirement of
a business licence by a statute of the Legislature of Alberta or Parliament
of Canada.
12.
No licence is required for:
(a)
a Business that rents a stall, table, or space in a Market and Carries On
2solely within Market hours;
(b)
3Mobile Business Units that are operating only as part of a special event
approved by the City;
(c)
a Business that is operating as a vendor at a Trade Show.
4(d)
a Not for Profit Organization that qualifies under the following:
i.
has no employees; and
ii.
operates from a residential location within the City.
5(e)
Residential offices in apartment complexes where the office is used solely
to receive rental payments. The main office from which the rental
Business operates requires a business licence.
612.1 Businesses not required to obtain a business licence may apply to the City
Manager to be included in the business directory.
13.
The Person who organizes a Market or Trade Show is required to obtain a
business licence.
14.
If only part of a Business is covered by an exemption under section 11 or 12, the
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Person who Carries On the Business must comply with this bylaw in respect of
any part of the Business that is not exempted.
15.
A Person who contracts with any of the Governments or Persons designated in
section 11 will be subject to all the requirements of this bylaw.
Application for a Business Licence
16.
Before the 1issuance or renewal of a business licence, a Person must submit to
the City Manager:
(a)
2an application;
(b)
the applicable fee; and
(c)
any additional information required by this bylaw or by the City Manager.
17.
An applicant must be at least 18 years old or have an agent at least 18 years old
sign/authorize 3the application on behalf of the applicant.
18.
The application must be in the form required by the City Manager and
information to be submitted with an application must include the following:
(a)
the applicant's name;
(b)
the legal name of the Business and any brand names/trade
names/operating names under which the Business is to be conducted;
(c)
the Business contact information, including phone number(s), email
address(es), and mailing address;
(d)
the operating 4address(es) of the Business;
(e)
5the proper name of the owner(s) of the Business, including names of
directors and shareholders if the applicant is a corporate entity;
(f)
the owner(s) contact information, including phone number(s), email
address(es), and mailing address(es);
(g)
a description of the nature of the Business that includes type of Business
and the number of employees;
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(h)
where a Person intends to engage in or operate a Business at a specific
Premises within the City, the Person shall ensure all necessary approvals
required by law have been obtained, and shall provide proof of a valid and
existing 1development permit for the Premises;
(i)
the signature/authorization of the applicant or the applicant's agent;
(j)
any other information that the City Manager may reasonably require for
the purpose of the administration of this bylaw; and
(k)
the business licence fee specified under Schedule A, unless that Business
is exempt under section 11 or 12.
19.
In addition to the information required in section 18, an applicant for a business
licence for a Regulated Business must also provide the information and
documents required by the Schedule applicable to that Business.
20.
If there is any change to the information provided to the City Manager in the
application for a business licence during the term of a business licence, the
2Licensee must advise the City Manager in writing of the change immediately.
Considering the Application
21.
The City Manager must consider each complete application, as outlined in
section 18.
22.
Subject to section 23, the City Manager must grant a business licence to the
applicant if the applicant meets the requirements of this bylaw.
23.
The City Manager may refuse to issue a business licence or may impose
conditions on a business licence if the City Manager:
(a)
has revoked or suspended a business licence of the applicant for the
same or a similar Business within the past 12 months; or
(b)
has reasonable grounds for believing that the applicant does not or will
not comply with this bylaw, another bylaw of the City, or an enactment of
Alberta or Canada in relation to the Carrying On of the Business; or
(c)
has reasonable grounds for believing that issuing a business licence with
respect to the proposed Business is not in the public interest.
24.
The City Manager may consult, prior to issuing or renewing a business licence,
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with authorities and agencies, including but not limited to the Province of
Alberta, the RCMP, and City departments, to determine whether they are in
possession of information which, in the opinion of the City Manager, renders it
inappropriate for a business licence to be issued to the Person.
25.
At any relevant time, the City Manager may impose, in addition to the conditions
referenced under section 23, conditions on a new or existing business licence in
relation to the establishment or operation of the applicable Business.
26. The City Manager must specify on the business licence:
(a)
the name of the 1Licensee and each name under which the Business is to
be conducted;
(b)
a description of the type of Business for which the licence is issued;
(c)
the Schedule, if any, applicable to the regulation of the Business;
(d)
the location where the Business is to be conducted;
(e)
any conditions on the business licence; and
(f)
the expiry date of the business licence.
Business Licence Fee
27.
If the fee for a business licence 2or any other fees or charges on the account are
is not paid, the business licence is not valid.
28.
Once the City Manager has issued a business licence, the business licence fee
is not refundable.
Effect of and Limitations on a Business Licence
29.
Subject to section 31, a business licence allows the 3Licensee to Carry On the
Business described in the business licence, and a business licence for a
Regulated Business allows the 4Licensee to Carry On the Regulated Business
described in the business licence provided that the 5Licensee complies with the
specific regulations for that Regulated Business.
30.
A business licence remains the property of the City.
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31.
A business licence does not relieve the 1Licensee from the obligation to obtain
any other permit, licence or other approval that may be required under another
bylaw of the City or any other governmental authority.
32.
2A business licence does not confer any property right and a Licensee may not
sell, transfer, assign, lease or otherwise dispose of or deal in a business licence.
Term of Business Licence
33.
A business licence issued under this bylaw expires on December 31 of the year
for which it was issued, unless:
(a)
it is revoked earlier under 3sections 39, 40, or 41 of this bylaw; or
(b)
it was issued as a Short Term Licence.
Obligations of Business 4Licensee
534.
The Licensee must ensure that the Business Carried On under a business
licence complies with:
(a)
this bylaw;
(b)
any conditions imposed on the business licence; and
(c)
the statutes and regulations of Alberta and Canada applicable to the
Business.
35.
6The Licensee must:
(a)
post the business licence in a conspicuous place in the Premises where
the Business under licence is Carried On or operated;
(b)
Carry On the Person of the licensee, or in or on the vehicle or 7Mobile
Business Unit from which the Business is Carried On; and
(c)
produce the business licence to the City Manager or Peace Officer if
requested to do so.
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36.
A 1Licensee must give access to the Premises specified in the business licence
to the City Manager or a Peace Officer if requested to do so.
Cancellation of Business Licence by a 2Licensee
37.
A 3Licensee may cancel a business licence by providing written notice to the
City Manager.
438.
If a licence is cancelled under sections 37, 39, 40 or 41, the business licence fee
is not refundable, unless the license is cancelled because:
(a)
the licence is second or duplicate of a licence already issued for which the
business licence fee has been paid; or
(b)
it is determined that the Business, for which the licence was issued, is not
and does not intend to Carry On Business in the City at the time of the
cancellation.
If the cancellation occurs pursuant to the Section 38(a) or (b) the Business Licence
Fee, less an Administration Fee, will be refunded to the applicant.
Revocation or Suspension of Business Licence by City Manager
39.
If the Business Carried On or operated under a business licence does not
comply with:
(a)
this bylaw;
(b)
any condition imposed on the licence; or
(c)
any other bylaw or enactment of Alberta or Canada applicable to the
Business or the Premises where the Business is located,
the City Manager may revoke the business licence or suspend the business
licence for a period that the City Manager considers appropriate.
40.
If an applicant for a business licence provides inaccurate or misleading
information in an application for a business licence, the City Manager may
revoke the business licence or suspend the business licence for a period that the
City Manager considers appropriate.
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41.
The City Manager, upon the reasonable belief that the safety, health or welfare of
the public may be at risk due to the issuance of the licence, may revoke the
business licence or suspend the business licence for a period that the City
Manager considers appropriate.
141.1 A person may not appeal a refusal to issue a licence if the reason for the refusal
is the failure to pay any fee, fine or to provide any required information under
this bylaw.
42.
The City Manager must give written notice of the revocation or suspension,
setting out in general terms the reason for the revocation or suspension and in
the case of a suspension the period of the suspension.
43.
The revocation or suspension of a business licence under 2sections 39, 40 or 41
is effective:
(a)
24 hours after delivery if the written notice is delivered personally to the
3Licensee or the registered office of a corporate 4Licensee;
(b)
72 hours after posting if the written notice is posted in a conspicuous place
at the Premises specified in the licence where the Business is to be
conducted or operated; or
(c)
seven days after the written notice is sent to the mailing address provided
in the application for a business licence or the address subsequently
provided in writing under section 18,
whichever is earliest.
44.
In the notice suspending or revoking a licence, the City Manager may increase
the time before which a revocation or suspension is effective from that
established under section 43.
45.
If the City Manager increases the amount of time under section 43, the City
Manager may impose conditions on the business licence that the City Manager
considers reasonable to ensure the protection of the public and the integrity of
the administration of this bylaw.
46.
A 5Licensee must cease Carrying On a Business immediately once a suspension
or revocation is effective.
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47.
The City Manager may act under section 39 in addition to or instead of
prosecuting an offence under this Bylaw or the Provincial Offenses Procedure
Act, or both.
Appeals
48.
If the City Manager:
(a)
refuses to issue a business licence;
(b)
revokes or suspends a business licence;
(c)
identifies a Business subject to a Schedule;
(d)
imposes a condition on a business licence; or
the applicant or 1Licensee may appeal the decision to the Red Deer Appeal and
Review Board. Appeals are governed and processed in accordance with the
provisions of the City of Red Deer Appeal and Review Bylaw, 2Bylaw No.
3487/2012.
49.
On the filing of an appeal in accordance with section 48, the decision being
appealed is stayed, pending the decision of the Board.
50.
The Red Deer Appeal and Review Board may:
(a)
uphold the decision of the City Manager;
(b)
vary the decision of the City Manager or substitute its own decision; or
(c)
overturn the decision of the City Manager.
Inspection of Lands and Buildings
51.
If there are reasonable grounds for believing that a Person is Carrying On a
Business without a business licence, or is in contravention of this bylaw, the City
Manager or Peace Officer may inspect the Business Premises and surrounding
lands, without prior notice.
Business Licence is not a Representation of Compliance with other Bylaws
52.
A business licence issued under this bylaw is not a representation to the
3Licensee that the Business complies with the requirements of any other bylaw or
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enactment and the 1Licensee is responsible to ensure that the Licensee complies
with all applicable bylaws and enactments.
Enforcement
53.
A Person is guilty of an offence if that Person:
(a)
Carries On a Business in 2the City without a business licence as required
under this bylaw, unless an 3exemption under section 11 applies;
(b)
Carries On a Business in 4the City in breach of a condition imposed on a
business licence;
(c)
hinders or obstructs any Person in the exercise or performance of the
Person's duties or powers pursuant to this bylaw; or
(d)
is in breach of any provision of this bylaw.
54.
When a corporation commits an offence under this bylaw, every principal,
director, manager, employee or agent of the corporation who authorized the act
or omission that constitutes the offence or assented to or acquiesced or
participated in the act or omission that constitutes the offence is guilty of the
offence whether or not the corporation has been prosecuted for the offence.
55.
The owner of real property, who is registered on title at the Land Titles Office,
shall be responsible for any act of a permit holder or Person Carrying On
Business on the Premises located on the property that constitutes an offence
under this Bylaw, in the same manner and to the same extent as though the act
were done by the owner.
Fines and Penalties
56.
A Person who is guilty of an offence under this bylaw is liable to the specified
penalty for that offence, as stated in the Specified Penalty Table under 5Schedule
L.
57.
A Person who breaches any of the provisions of this bylaw where the breach is of
a continuing nature shall, in addition to the penalties set forth 6Schedule L, pay a
penalty of not less than $250 for each day that the breach continues.
1 3609/B-2021
2 3609/B-2021
3 3609/B-2021
4 3609/B-2021
5 3609/A-2021, 3609/B-2021
6 3609/A-2021, 3609/B-2021
Bylaw No. 3609/2018
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58.
1A Person who has not submitted payment of their licence fee by December 31
of that year may be subject to a $25.00 late fee that will form part of the total fee
owing. The late fee may be charged every month until the account is paid in full.
59.
When a penalty is not specified under this bylaw, a Person who is guilty of an
offence is liable to a fine not exceeding $10,000, and in default of payment of
the fine, to imprisonment for up to six months.
259.1 All fines and penalties must be paid in full before a licence will be released from
suspension or a revocation.
Municipal Violation Tag
60.
A Peace Officer may issue, with respect to an offence under this bylaw, a
municipal violation tag specifying the fine amount (including any early payment
fine amount), as may be established by this bylaw.
61.
Where a municipal violation tag is issued, the fine amount indicated thereon may
be paid as directed in lieu of prosecution.
Violation Ticket
62.
A Peace Officer may issue, with respect to an offence under this bylaw, a
violation ticket:
(a)
specifying the fine amount established by this bylaw; or
(b)
requiring an appearance in court without the option of making a voluntary
payment.
63.
Where a violation ticket specifies a fine amount, a voluntary payment equal to the
specified fine amount may be made as directed.
Effective Date
64.
License Bylaw, No. 3159/96, Late Night Clubs Bylaw, No. 3275/2001 and
Drinking Establishment Licensing Bylaw No. 3332/2004 are hereby repealed.
65.
This bylaw shall come into force and take effect upon third reading.
1 3609/B-2021
2 3609/B-2021
Bylaw No. 3609/2018
18
READ A FIRST TIME IN OPEN COUNCIL this 20
day of
August
2018.
READ A SECOND TIME IN OPEN COUNCIL this 4 day of
September
2018.
READ A THIRD TIME IN OPEN COUNCIL this 4
day of
September
2018.
AND SIGNED BY THE MAYOR AND CITY CLERK this 4 day of
September
2018.
"Mayor Tara Veer"
"Frieda McDougall"
MAYOR
CITY CLERK
Bylaw No. 3609/2018
19
1Schedule "A"
Fee Schedule
1.
The following fees and charges apply:
(a)
Resident Business
$111.60
(b)
Non-Resident Business
$433.90
(c)
Short Term
i.
Resident
$51.70
ii.
Non-Resident
$180.80
(d)
Account Reactivation Fee
$25.80
(e)
Change Fee
$25.80
(f)
Late Renewal Charge
$25.80
(g)
Administrative Fee
$50.00
(h)
Directory Listing for exempt businesses
$25.80
2.
The business licence fee for the first year of Business operations for Resident and
Non-Resident Businesses shall be pro-rated on monthly basis from the date the
licence is first issued until December 31, of that year. The pro-rated business
licence fee shall not be less than $35.00.
3.
Commencing with fees for 2022, business licence fees and all other fees listed in
Schedule "A" shall be increased on an annual basis by multiplying the current fee
by the Consumer Price Index (CPI) for Alberta. Fees will be rounded to the nearest
$0.05. If the CPI is negative for any given year, the business licence fees shall
remain unchanged from the then current fees. The business licence fees for the
next calendar year shall be determined, by the City Manager in accordance with
this section, prior to renewal notices being sent to Businesses.
1 3609/A-2021, 3609/B-2021
Bylaw No. 3609/2018
20
1Schedule "B"
Pawn Shops and Pawnbrokers
1.
A Pawnbroker 2shall not also Carry On the Business of a Second Hand Dealer
3from the same Premises 4as the Pawn Shop or Pawnbroker Business.
2.
A Pawnbroker must keep a record, recorded at the time of each transaction, of
the following information, in a form satisfactory to the City Manager, including by
electronic means, where the Pawnbroker receives Pawned Goods:
(a) the date and time at which the Pawned Goods were received;
(b) an accurate description of the Pawned Goods, including, but not limited to:
i.
the make and model;
ii.
the manufacturer's name;
iii. any serial number; and
iv. other distinguishing marks;
(c) the amount of money advanced for the Pawned Goods;
(d) the rate of interest which is to be charged on the loan which is made;
(e) the full name of the employee who accepted the Pawned Goods.
3.
In addition to 5the information identified in section 2, a Pawnbroker must
6also record a complete and accurate description of the Person pawning the
goods, including the Person's:
(a) full name;
(b) date of birth;
(c) current address and telephone number; and
(d)
physical description which shall include the following specifics: eye colour,
hair colour, height, weight, and any other distinguishing feature7; and
1 3609/A-2018
2 3609/B-2021
3 3609/B-2021
4 3609/B-2021
5 3609/B-2021
6 3609/B-2021
7 3609/B-2021
Bylaw No. 3609/2018
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(e)
two pieces of numbered identification, one being government issued and
containing a picture of the Person tendering the Pawned Goods, that
confirm the name and address 1of the Person.
4.
At the time a Person Pawns goods, a Pawnbroker must free of charge, give that
Person a copy of the summary of information taken at the time the goods are
Pawned.
5. Immediately upon request, a Pawnbroker must make available to the City
Manager or Peace Officer an accurate copy of the information kept under section
3.
6.
If Pawned Goods are redeemed, the Pawnbroker who conducts the transaction
must record:
(a)
2the Pawnbroker's own name and the date the pawned goods were
redeemed;
(b)
3the same information required under section 3 relative to the Person who
has redeemed the Pawned Goods; and
(c)
ensure the information recorded in sections 2 and 3 is kept in accordance
with section 14.
7. A Pawnbroker must:
(a)
not sell any Pawned Goods until at least forty-five (45) days have elapsed
from the time the goods were Pawned;
(b)
keep all Pawned Goods in the Pawn Shop where the Pawn occurred until
forty-five (45) days have elapsed from the time the goods were Pawned;
and
(c)
keep all Pawned Goods which have not been redeemed within the time
allowed and are for sale apart from all other Pawned Goods for which the
forty-five (45) days have not yet elapsed.
8.
Notwithstanding section 7, if a longer period of retention has been agreed upon
between the Pawnbroker and the Person who Pawns Goods, the Pawnbroker
cannot sell or remove the goods from the Pawn Shop where the Pawn occurred
until that longer period has expired.
1 3609/B-2021
2 3609/B-2021
3 3609/B-2021
Bylaw No. 3609/2018
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9.
A Pawnbroker must not accept Pawned Goods:
(a)
if the goods are offered by a Person who:
i.
is under 18 years of age; or
ii.
fails to provide the identification required under section 3; or
iii. appears to be intoxicated.
(b)
if the goods have had or appear to have had the identification number or
serial number removed or altered with in any way, unless prior written
approval is obtained from the RCMP.
10. A Pawnbroker must not:
(a) erase or alter any information recorded under section 2 or section 3; or
(b)
direct or allow any Person to erase or alter any information recorded under
section 2 or section 3.
11. A Pawnbroker must post in a conspicuous location in the place of Business:
(a)
the maximum interest rate allowed by the Statutes of Canada to be taken
by the Pawnbroker; and
(b)
a detailed statement as to the manner in which the interest rate charged
by the Pawnbroker is calculated.
112.
The book, record or computer program required herein and any personal
property in the Pawn Shop shall be open to inspection at all times by any
Peace Officer or City Manager, and the duplicate copy of such book or record
shall be delivered to the Peace Officer or City Manager upon request.
13.
On any day the Pawn Shop is open for business, each Pawnbroker shall deliver
to the City Detachment of the RCMP, a detailed and accurate description of all
Pawned Goods received during the preceding 24 hour period (from 10:00 am
that day to 10:00am of the previous day on which the shop was last open for
business), including:
(a) the date and time of day when each property was received;
(b) the serial or folio number in the Pawnbroker's book or record; and
(c) the name, address and a detailed description of the Person or Persons
from whom the Pawn was received, including the description of the
clothing and any other distinguishing features.
1 3609/B-2021
Bylaw No. 3609/2018
23
14.
The information required to be kept in sections 2 and 3 must be kept:
(a)
in electronic form with automated reporting capabilities;
(b) in English;
(c) in the Pawn Shop; and
(d) for a period of one (1) year from the date the goods were Pawned.
115. A Pawnbroker may acquire new inventory for sale in the Premise, which is not used
inventory or part of an agreement held as security for an advance of money. The
Pawnbroker must immediately, upon request by the City Manager, provide
sales/purchase receipts from the vendor of the new inventory to confirm that the
inventory was purchased for resale and not the subject of an agreement held as
security for an advance of money. All new inventory for sale must be kept:
(a)
separate from any goods received and held as security for an advance of
money; and
(b)
in new or original packaging, where applicable.
1 3609/B-2021
Bylaw No. 3609/2018
24
1Schedule "C"
Second Hand Dealers
1.
A Second Hand Dealer shall not Carry On the Business of a Pawnbroker from
the same Premises as the Second Hand Dealer Business.
2.
A Person shall not be required to hold a licence for dealing in Second Hand
Goods where the second hand goods are accepted as part of the consideration
for the purchase price of new goods.
3. A Second Hand Dealer must keep a record 2recorded at the time of each
transaction of the following information, in a form satisfactory to
the City Manager, in relation to each transaction of receiving Second Hand
Goods:
(a)
the date and time at which the Second Hand Goods were received;
(b)
an accurate description of the Second Hand Goods, including, but
not limited to:
i.
the make and model;
ii.
the manufacturer's name;
iii. any serial number; and
iv. other distinguishing marks; and
(c) the amount paid by the dealer for the Second Hand Goods.
4.
In addition to 3the information identified section 3, a Second Hand Dealer
must 4also record a complete and accurate description of the Person of
whom the Second Hand Goods were acquired, including the Person's:
(a) full name;
(b) date of birth;
(c) 5current address and telephone number; and
(d)
physical description which shall include the following specifics: eye
colour, hair colour, height, weight, and any other distinguishing feature.
1 3609/A-2018
2 3609/B-2021
3 3609/B-2021
4 3609/B-2021
5 3609/B-2021
Bylaw No. 3609/2018
25
1(e)
two pieces of numbered identification, one being government issued and
containing a picture of the Person tendering the Second Hand Goods,
that confirm the name and address of the Person.
5.
No entry made in such book, record or computer program shall be
erased, obliterated or defaced, nor shall any portion thereof be torn out
or removed.
6.
The book, record or computer program required herein and any personal
property in the Second Hand Dealer's place of Business shall be open to
inspection at all times by any Peace Officer or City Manager, and the duplicate
copy of such book or record shall be delivered to the Peace Officer or City
Manager upon request.
27.
The information required to be kept in sections 3 and 4 must be kept:
(a)
in electronic form with automated reporting capabilities;
(b)
in English;
(c)
on the Premises of the Second Hand Dealer Business; and
(d)
for a period of one (1) year from the date the goods were acquired by the
Second Hand Dealer.
37.1 No Second Hand Dealer shall:
(a)
sell, dispose of or undertake the repair of any Second Hand Goods until at
least 45 days have elapsed from the time the goods acquired;
(b)
keep all acquired goods in the location where they were acquired until 45
days have elapsed from the time the goods were acquired.
8.
Each Second Hand Dealer shall keep separate and apart from his other goods
those goods required to be held under 4section 7.1, until the time set forth in
that section has elapsed.
58.1 On any day the Second Hand Dealer is open for Business, each Second Hand
Dealer shall deliver to the City Detachment of the RCMP, a detailed and
accurate description of all Second Hand Goods received during the preceding
24 hour period (from 10:00 am that day to 10:00 am of the previous day on
which the shop was last open for business), including the:
1 3609/B-2021
2 3609/B-2021
3 3609/B-2021
4 3609/B-2021
5 3609/B-2021
Bylaw No. 3609/2018
26
(a)
date and time of day when each property was received;
(b)
serial or folio number in the Second Hand Dealer's book or record; and
(c)
name, address and a detailed description of the Person or Persons from
whom the Second Hand Goods were received, including the description
of the clothing and any other distinguishing features.
19. Sections 3 to 8.1 inclusive do not apply to:
(a)
the purchase of second hand goods, wares, merchandise or other effect
bargained for or delivered to the purchaser at any place outside the City,
although such Person disposes of the same within the City;
(b) auctioneers;
(c)
thrift shops and clothing banks operated by any church or charitable
organization; or
(d)
Businesses dealing with any of the following goods:
i.
books, magazines, comic books or other similar publications;
ii.
furniture;
iii. rugs or carpets;
iv. clothing;
v.
sports trading cards;
vi. building supplies such as windows, doors, flooring, fixtures or other
similar items;
vii. antiques;
viii. household goods such as cutlery, dishes, glassware, lamps or other
similar items; and
ix. any other good declared exempt by the City Manager.
210.
A Second Hand Dealer may acquire new inventory for sale in the Premise which
is not part of the acquisition of used inventory. The Second Hand Dealer must
immediately, upon request by the City Manager, provide sale/purchase receipts
from the vendor of the new inventory to confirm the new inventory was
purchased specifically for immediate resale and not purchased from Persons
through the operation of the Second Hand Business. All new inventory for sale
must be kept:
(a)
separate from any goods received purchased through the operation of the
Second Hand Business; and
(b)
in new or original packing, where applicable.
1 3609/B-2021
2 3609/B-2021
Bylaw No. 3609/2018
27
1Schedule "D"
Mobile Business Units and Food Services
Mobile Business Units
1.
All Mobile Business Units shall comply with the following rules:
(a)
Mobile Business Units may not Carry On Business from a parking stall with
a parking meter located around City Hall Block, including in front of City Hall
on 48 Avenue, along Ross Street between 48 Avenue and 49 Avenue.
(b)
A Mobile Business unit shall not Carry On Business from any landscaped,
grass or turf area without the consent of the owner of the landscaped, grass
or turf area.
(c)
A Mobile Business shall not Carry On Business while on private property
without obtaining the prior written consent of the property owner and
occupier. A Licensee shall, upon request, immediately show such written
permission to the City Manager.
(d)
A Mobile Business Unit shall obtain a Use of Streets Permit from the City if
the Mobile Business Unit intends to Carry On Business while parked on a
City roadway. The Licensee of the Mobile Business Unit shall provide proof
of a valid business licence when applying for a Use of Streets Permit.
Payment for a Use of Streets Permit does not constitute blanket approval
for use of all City streets. It is the responsibility of the Mobile Business Unit
to follow the required criteria set out under the Use of Streets Permit or this
bylaw.
(e)
A Mobile Business Unit shall obtain approval from the department or
operator responsible for the parking lot if the Mobile Business intends to
Carry On Business while parked on a City owned parking lot.
(f)
In the case of a landscaped, grass or turf area owned by the City, a Mobile
Business Unit shall obtain approval from the department or operator
responsible for the landscaped, grass or turf area if the Mobile Business
intends to Carry On Business while parked on the City owned landscaped,
grass or turf area.
Food Services
2.
Mobile Business Units Carrying On Business as Food Services shall comply with
the following additional rules:
(a)
A Food Services Business shall not Carry On Business from any residential
neighbourhood; unless being carried on with the consent of the property
owner and on a non-recurring basis.
1 3609/B-2021
Bylaw No. 3609/2018
28
(b)
Notwithstanding the foregoing, Food Services Businesses can Carry On
Business at a park or green spaces within a residential neighbourhood with
consent of the City or a parking lot operator. Where there is a green space
or park area, the Food Services Business may, with approval from The City
of Red Deer - Recreation, Parks and Culture, park curbside to the park area,
and where there is a parking lot, the Mobile Business unit can park curbside
or in the parking lot, with approval from the contracted operator.
(c)
A Food Services Business shall not Carry On Business within 50m of either
a permanent food service establishment or a primary or secondary school.
(d)
Customers shall not be allowed to order or consume food and/or beverages
within the Food Services Business.
(e)
Waste and recycling receptacles must be provided for customers while the
Food Services Business is Carrying On Business.
Bylaw No. 3609/2018
29
1Schedule E"
Direct Sellers
1.
In addition to the requirements of section 18 of this Bylaw, an applicant for a
business licence for a Direct Seller Business, must submit to the City Manager,
in a form acceptable to the City Manager; proof of a current/valid direct selling
business licence, issued under the Direct Selling Business Licensing
Regulation, Alberta Regulation, 190/1999.
2.
A Direct Seller may not Carry On Business between the hours of 8:00 PM and
8:00 AM.
3.
A Direct Seller must carry with him a copy of the valid business licence issued
under this Bylaw and produce it on request to each potential customer.
1 3609/A-2018
Bylaw No. 3609/2018
30
Schedule "F"
Drinking Establishments
Mandatory Requirements
1.
The 1Licensee for a Drinking Establishment must:
(a)
adhere to the provisions of all bylaws, enactments or regulations which
apply to the Drinking Establishment;
(b)
maintain in place a plan to the reasonable satisfaction of the City Manager
which includes provisions for:
i.
first aid for patrons of the establishment; and
ii.
outside inspection and clean up in the vicinity of the Drinking
Establishment during and after the hours of operation.
(c)
require its manager and staff, on the request of a member of the RCMP,
Peace Officer, Safety Codes Officer or City Manager to:
i.
assist the member of the RCMP, City Manager or Peace Officer in
carrying out an inspection of the Premises, and
ii.
point out the location of the Drinking Establishment Licence so that
it may be examined.
Conditions Attached to Licence
2.
Where events have occurred in connection with the operation of a Drinking
Establishment that put at risk the safety, health, welfare or property of members
of the public or of the patrons or employees of the Drinking Establishment, the
City Manager may include in the licence for that Drinking Establishment specific
conditions which are intended to deal with that risk, including conditions
respecting 2but not limited to, any or all of the following matters:
(a)
the number and qualifications of security personnel who must be available
at the Drinking Establishment;
(b)
the procedures required to be in place to address emergency medical and
security concerns;
(c)
noise abatement measures which must be made to ensure noise outside
or within the venue is minimized;
(d)
requirements that the owner install and maintain 3and operate a system of
video camera surveillance, including specific requirements as to the
number and type of cameras, their location and hours of operation, and
1 3609/B-2021
2 3609/B-2021
3 3609/B-2021
Bylaw No. 3609/2018
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the procedures governing the retention of copies of video tapes or other
visual surveillance recordings;
(e)
a requirement that the owner install, maintain and operate an airport-style
metal detecting security gate of a model and type and in a manner
specified by the City Manager, for the purpose of identifying and barring
entry to anyone carrying metal weapons;
(f)
a requirement that the owner enter into an agreement 1with the City
acknowledging the conditions set out herein, including such additional
conditions as may be required by the City Manager pursuant to the
provisions of subparagraph (g). Such agreement may, but need not, set
out the terms and provisions which will give rise to a revocation or
suspension of any licence granted under this Bylaw; and
(g)
such additional conditions consistent with the foregoing requirements, as
are, in the opinion of the City Manager, reasonably necessary to protect
the safety, health, welfare, and property of the patrons and employees of
the Drinking Establishment.
Inspection of Premises and Facilities
3.
A Peace Officer, City Manager, Safety Codes Officer, or member of the RCMP
may enter and inspect the Premises of any licensed Drinking Establishment at
any reasonable time, including during its hours of operation:
(a)
to determine if the facilities meet the requirements of this Bylaw, other
applicable bylaws of the City or any other laws or regulations which the
City Manager, Peace Officer, Safety Codes Officer or member of the
RCMP is authorized to enforce;
(b)
to ensure that the Licensee is complying with the requirements of this
Bylaw, the conditions attached to a licence issued under this Bylaw and
other applicable bylaws of the City or any other laws or regulations which
the City Manager, Peace Officer, Safety Codes Officer or member of the
RCMP is authorized to enforce;
(c)
in the case of a facility whose licence has been suspended, to examine
the Premises to determine whether the conditions leading to the
suspension of the licence have been corrected.
1 3609/B-2021
Bylaw No. 3609/2018
32
1Schedule "G"
Mobile and Permanent Supervised Consumption Services
Application Requirements
1.
In addition to any other requirements of this Bylaw, before the issuance or
renewal of a business licence for a Mobile or Permanent Supervised
Consumption Services, an applicant must submit the following to the City
Manager in a form and with supporting documentation acceptable to the City
Manager:
(a)
Mobile Supervised Consumption Services Units
i.
A signed landowner consent for each location where Mobile
Supervised Consumption Services are proposed to be offered;
ii.
A proposed schedule of the days of the week, times and location(s)
where Mobile Supervised Consumption Services will be offered;
iii.
A detailed description of the proposed Mobile Supervised
Consumption Services Unit, including the layout of the booths and
recovery spaces;
iv.
Photographs of the interior and exterior of the vehicle;
v.
A proposed security plan, including the number and qualifications of
security personnel; 2
vi.
Confirmation the applicant has provided with the written notice
required by section 3; 3and
vii.
4Copies of any comments received by the applicant in response to
the written notice.
(b)
Permanent Supervised Consumption Services
i.
A signed landowner consent for the location of the Permanent
Supervised Consumption Services;
ii.
A proposed security plan, including the number and qualifications of
security personnel; 5
iii.
Confirmation the applicant has provided the written notice required
by section 3; 6and
iv.
7Copies of any comments received by the applicant in response to
the written notice.
2.
No licence for a Mobile or Permanent Supervised Consumption Services shall be
issued unless the applicant has been granted an exemption for medical purposes
1 3609/A-2018
2 3609/B-2021
3 3609/B-2021
4 3609/B-2021
5 3609/B-2021
6 3609/B-2021
7 3609/B-2021
Bylaw No. 3609/2018
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by the federal government in accordance with section 56.1 of the Controlled
Drugs and Substances Act.
3.
1Prior to submitting a business licence application for a Mobile or Permanent
Supervised Consumption Service, the applicant must provide written notice of
their intent to apply for a business licence to each owner and occupant of land
located within a 100 metre radius of the location(s) where the applicant is
proposing to operate and ask that the owners or occupants provide any
comments that the owner or occupant might have to the applicant within a time
specified in the notice.
4.
Applications for the issuance or renewal of a business licence for Mobile or
Permanent Supervised Consumption Services may be circulated to Health
Canada, Alberta Health Services and the RCMP for referral and consultation.
General Licence Conditions
5.
Prior to making a decision on issuance or renewal of a business licence, the City
Manager may take into consideration any written submissions received in
response to the notice issued under section 3.
6.
In addition to conditions which may be listed as mandatory, the City Manager
may impose terms and conditions on a licence for Mobile or Permanent
Supervised Consumption Services if, in of the opinion of the City Manager based
on reasonable grounds, it is in the public interest to do so. Such conditions may
address, without limitation, CPTED concerns, hours of operation, queue
management, and security concerns.
7.
Any terms and conditions imposed by the City Manager must not conflict with any
term or condition of the associated exemption granted for medical purposes by
the federal government pursuant to section 56.1 of the Controlled Drugs and
Substances Act.
Mobile Supervised Consumption Services Unit Licence Conditions
8.
The following shall be mandatory conditions for business licences for Mobile
Supervised Consumption Services:
(a)
No outdoor storage of goods is allowed in connection with the operations
of the Business;
(b)
The Mobile Supervised Consumption Services Unit shall not remain at an
approved location outside of the days and hours of operation approved in
the licence;
(c)
The site must be left in the condition it was prior to Business operation;
and
1 3609/B-2021
Bylaw No. 3609/2018
34
(d)
A licence for a Mobile Supervised Consumption Service Unit may only be
issued for the following locations within the City1:
i.
3942 50A Avenue; and
ii.
5246 53 Avenue
Permanent Supervised Consumption Services Licence Conditions
9.
The following shall be mandatory conditions for business licences for Permanent
Supervised Consumption Services:
(a)
The 2Licensee must maintain in place a plan to address emergency,
medical and security concerns;
(b)
3The 4Licensee 5must install, maintain and operate a monitored and
professionally installed system of video camera surveillance;
(c)
6Licensee must maintain and execute a plan for daily outside inspections
and twice daily clean up including needle pick up within a 150m radius of
the Permanent Supervised Consumption Services during and after hours
of operation;
(d)
7The 8Licensee must designate one individual to serve as a liaison with
the City and the public to address any emerging issues related to
community concerns; and
(e)
Such additional conditions 9as, in the opinion of the City Manager, are
reasonably necessary to protect the safety, health, welfare, and property
of the attendees of the Permanent Supervised Consumption Service and
its employees, and the public.
1 3609/B-2021
2 3609/B-2021
3 3609/A-2018
4 3609/B-2021
5 3609/B-2021
6 3609/A-2018, 3609/B-2021
7 3609/A-2018
8 3609/B-2021
9 3609/B-2021
Bylaw No. 3609/2018
35
SCHEDULE "H"
Cannabis Retail Sales and Cannabis Production Facility
Application Requirements
1.
In addition to any other requirements of this bylaw, before the issuance or
renewal of a business licence for Cannabis Retail Sales or Cannabis Production
Facility, an applicant must submit the following to the City Manager in a form and
with supporting documentation acceptable to the City Manager:
(a)
A proposed security plan for the licensed Premises.
Licence Conditions for Cannabis Retail Sales
2.
It is a condition of every business licence for Cannabis Retail Sales that the
1Licensee must:
(a)
Maintain and keep on the licensed Premises:
i.
Proof of a valid and subsisting Cannabis Licence pursuant to the
Gaming, Liquor and Cannabis Act (Alberta), as amended from time
to time; and
ii.
A list of all Persons employed including proof of each employee's
compliance with the qualifications, conditions, or training
requirements for employees of Cannabis Licensees set out in the
Gaming, Liquor and Cannabis Act (Alberta), as amended from time
to time.
(b)
Produce the information set out in subsection (a) when requested to do so
by a Peace Officer or 2the City Manager;
(c)
Display the business licence number assigned to their business licence for
Cannabis Retail Sales in any advertisement for the Business placed in any
newspaper, web page, magazine or periodical, and not advertise the
Business 3unless the name, telephone number, e-mail address, internal
address or other contact information used in the advertisement was
previously provided to the City Manager;
(d)
Ensure that a minimum of two employees are present on the licensed
Premises at any time the Business is open to the public;
(e)
Display the Licence in a prominent location in the Business as well as
information regarding the health and safety impacts of Cannabis and
resources available to users of Cannabis;
(f)
Comply with an approved security plan; and
1 3609/B-2021
2 3609/B-2021
3 3609/B-2021
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(g)
Comply with all applicable municipal, provincial and federal legislation,
regulations, and other requirements, including the terms and conditions of
any federal or provincial licence, permit or authorization, which apply to
the operation of the Business.
Licence Conditions for Cannabis Production Facility
3.
It is a condition of every business licence for a Cannabis Production Facility that
the 1Licensee must:
(a)
Maintain and keep on the licensed Premises:
i.
Proof of a valid and subsisting issued under the Cannabis Act,
Controlled Drugs and Substances Act, or other applicable federal
legislation, as amended from time to time; and
ii.
A list of all Persons employed including proof of each employee's
compliance with the qualifications, conditions, or training
requirements set out in the Cannabis Act, Controlled Drugs and
Substances Act, or other applicable federal legislation, as amended
from time to time.
(b)
Produce the information set out in subsection (a) when requested to do so
by a Peace Officer 2or the City Manager;
(c)
Comply with an approved security plan; and
(d)
Comply with all applicable municipal, provincial and federal legislation,
regulations, and other requirements, including the terms and conditions of
any federal or provincial licence, permit or authorization, which apply to
the operation of the licensed Premises.
1 3609/B-2021
2 3609/B-2021
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Schedule "I"
Late Night Clubs
Application for a Licence
1.
A Person wishing to obtain a licence for a Late Night Club may apply to the City
Manager by providing an application in the form established by the City Manager,
containing the following information:
(a)
the full names and addresses of the following Persons:
i.
the applicant; or
ii.
where the applicant is a corporate entity, the directors and
shareholders of the applicant;
(b)
the consent of all the above parties for the Red Deer City RCMP to
conduct a security check on them;
(c)
the name and address of the registered owner of the Premises in which
the Late Night Club will be located;
(d)
a description of the usual types of events that will be held at the Late Night
Club, including the hours of operation and the method by which admission
will be charged; and
(e)
a description satisfactory to the City Manager of the sound system to be
used at the Late Night Club and any steps that will be taken by the
applicant to ensure that no offence under the Community Standards Bylaw
will occur and that noise disturbance outside the Late Night Club is
minimized.
2.
The City Manager may not issue a Late Night Club licence if:
(a)
the City of Red Deer RCMP recommend against issuing the Late Night
Club licence because of the criminal record of the applicant; or
(b)
there are reasonable grounds to believe that it would not be appropriate to
issue a Late Night Club licence to an applicant because the potential noise
impact of the Late Night Club would create a nuisance in the community
near the proposed club.
3.
The City Manager may impose conditions in a Late Night Club licence
respecting:
(a)
the number and qualifications of security personnel which must be
available at the Late Night Club;
(b)
the procedures required to be in place to address emergency medical and
security concerns;
Bylaw No. 3609/2018
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(c)
the number of people who may attend the Late Night Club;
(d)
noise abatement measures which must be made to ensure noise outside
or within the venue is minimized; and
(e)
such additional conditions as are, in the opinion of City Manager,
reasonably necessary to protect the safety, health, welfare, and property
of the attendees of the late night club and its employees.
4.
A Late Night Club must1:
(a)
maintain in place an adequate security plan which includes provisions for:
i.
first aid;
ii.
entrance control to ensure that alcohol or illicit drugs are not
brought into the Premises;
iii.
outside inspection and clean up in the vicinity of the Late Night Club
during and after the hours of operation; and
iv.
line control including ensuring that patrons are not permitted to re-
enter the Late Night Club after they have left;
(b)
provide for an adequate supply of potable water at no cost to those in
attendance.
5.
A Late Night Club shall not remain open later than 6:00 a.m.
Inspection Of Premises And Facilities
6.
A Peace Officer, City Manager, or member of the RCMP may enter and inspect
the Premises of any intended or licensed Late Night Club at any reasonable time,
including during its hours of operation:
(a)
to determine if the facilities meet the requirements of this bylaw;
(b)
to ensure that the licensee is complying with the requirements of this
bylaw or of a licence issued under this bylaw; 2and
(c)
in the case of a 3Business whose Late Night Club licence has been
suspended, to examine the Premises to determine whether the conditions
leading to the suspension of the licence have been corrected.
Duty to Assist Inspector
7.
Late Night Club licences issued shall be subject to a condition that the 4Licensee
must, on the request of a member of the RCMP, City Manager or Peace Officer:
1 3609/B-2021
2 3609/B-2021
3 3609/B-2021
4 3609/B-2021
Bylaw No. 3609/2018
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(a)
assist the member of the RCMP, City Manager, or Peace Officer in
carrying out an inspection under section 6; and
(b)
provide the member of the RCMP, City Manager, or Peace Officer with the
Late Night Club licence and provide a place where it may be examined.
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1Schedule "J"
Electric Scooters (E-Scooters)
Application for a Licence
1.
In addition to any other requirements of this bylaw, a Person wishing to obtain a
licence for an Electric Scooter (E-Scooter) business must submit to the City
Manager, in a form or with such supporting documentation acceptable to the City
Manager:
(a)
Evidence the Person obtained provincial approval to operate E-Scooters;
(b)
Evidence the Person obtained commercial general liability insurance,
property insurance and automobile third party liability insurance in respect
of the E-Scooter business;
(c)
A security deposit, calculated as $25.00 for each E-Scooter the business
will deploy in the city 2but not less than $5000 or more than $15,000;
(d)
A fee of $15.00 per E-Scooter the business will deploy in the city3, but not
more than $5000 in total, for the City to offset expenses arising from
educating the public about E-Scooter operations and managing the E-
Scooter program; and
(e)
Such other documentation as the City Manager may require to verify the
Person's agreement to fulfill the obligations set out in this schedule.
2.
The 4Licensee for an Electric Scooter Business must:
(a)
Notify the City immediately in writing if provincial approval for the
operation of e-scooters is not renewed or is withdrawn;
(b)
Report to the City if an E-Scooter is involved in an accident, crime or acts
of vandalism;
(c)
Provide such other information the City Manager may require to effectively
monitor and evaluate E-scooter presence in Red Deer;
(d)
Pick up e-scooters abandoned in non-approved zones daily;
(e)
Respond to complaints within three (3) hours;
1 3609/A-2021
2 3609/B-2021
3 3609/B-2021
4 3609/B-2021
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(f)
Remove E-scooters from the City between November 1 and March 15
each year;
(g)
Disclose to the City the transmission frequency, geographic accuracy, and
margin for error of the global positioning system (GPS) tracking capability
each E-Scooter requires under section 3 of this Schedule; and
(h)
1Not rent an E-scooter to a rider less than sixteen (16) years of age.
3.
If an E-Scooter business fails to comply with the requirements of section 2 of this
schedule, the City Manager may immediately revoke the business license of that
E-Scooter business.
4.
All E-Scooters must be equipped with the following:
(a)
Hardware to enable tracking of E-Scooters via the global positioning
system (GPS);
(b)
A kickstand, bell and lights;
(c)
A speed-limiting system restricting maximum speeds to twenty (20)
kilometers per hour in any area of the city and fifteen (15) kilometers per
hour in zones designated by the City Manager pursuant to section 5 of this
schedule."
(d)
Visible individual markings or unit numbers,
(e)
E-Scooters must be the dockless type for the pilot program; and
(f)
An internal electronic lock operable wirelessly by mobile phone
application.
5.
With written notice provided not less than seven (7) days in advance, the City
Manager may establish or alter prohibited and approved locations for the
operation or parking of E-Scooters, or geographic zones where maximum speed
limits must be reduced to fifteen (15) kilometers per hour.
6.
The security deposit required under section 1 (c) of this schedule shall be
forfeited to the City, in whole or in part:
(a)
If the operation of an E-Scooter results in damage to public or third-party
property or injury to the E-Scooter rider or any other Person; or
(b)
If the City incurs costs to retrieve, relocate or store E-Scooters because of
an E-Scooter business's noncompliance with this or any other City bylaw.
1 3609/A-2022
Bylaw No. 3609/2018
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7.
Successful applicants will enter into a licensing agreement with the City of Red
Deer.
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1Schedule "K"
Auto Wrecker, Salvage Yard,
Scrap Metal Dealers
1.
An Auto Wrecker, Salvage Yard or Scrap Metal Dealer must keep a record,
recorded at the time of each transaction, of the following information, in a form
satisfactory to the City Manager, including by electronic means, in relation to
each transaction of buying items or materials:
(a)
the date and time at which the materials were received;
(b)
an accurate description of the materials including, if available, but not
limited to:
i.
the make and model;
ii.
the manufacturer's name;
iii.
any serial number; and
iv.
other distinguishing marks;
(c)
the amount of money paid for the materials; and
(d)
the full name of the employee who accepted the materials.
2.
In addition to section 1, the Business must record a complete and accurate
description of the Person selling the materials, including the Person's:
(a)
full name;
(b)
date of birth;
(c)
current address and telephone number;
(d)
physical description which shall include the following specifics: eye color,
hair color, weight, and any other distinguishing features; and
(e)
two pieces of numbered identification, one being government issued and
containing a picture of the Person tendering the materials that confirm the
name and address given.
3.
An Auto Wrecker, Salvage Yard or Scrap Metal Dealer must not accept goods:
(a)
if the goods are offered by a Person who:
i.
is under 18 years of age; or
ii.
fails to provide the identification required under section 2; or
iii.
appears to be intoxicated.
1 3609/A-2021, 3609/B-2021
Bylaw No. 3609/2018
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4.
No entry made in such book, record or computer program shall be erased,
obliterated or defaced, nor shall any portion thereof be torn out or removed.
5.
The book, record or computer program required herein and any personal
property in the Auto Wrecker, Salvage Yard or Scrap Metal Dealer's place of
Business shall be open to inspection at all times by any Peace Officer or City
Manager, and the duplicate copy of such book or record shall be delivered to the
Peace Officer or City Manager upon request.
6.
The information required to be kept in sections 1 and 2 must be kept:
(a)
in electronic form with automated reporting capabilities;
(b)
in English;
(c)
on the Premises of the Auto Wrecker, Salvage Yard or Scrap Metal
Dealer; and
(d)
for a period of two (2) years from the date the goods were acquired.
7.
Immediately upon request, an Auto Wrecker, Salvage Yard or Scrap Metal
Dealer must make available to the City Manager or Peace Office an accurate
copy of the information kept under sections 1 and 2.
8.
On any day the Auto Wrecker, Salvage Yard or Scrap Metal Dealer is open for
Business, each Business shall deliver to the City Detachment of the RCMP, a
detailed and accurate description of all items and materials received during the
preceding 24 hour period, including the:
(a)
date and time of day when each item or material was received;
(b)
serial or folio number in the businesses book or record; and
(c)
name, address and detailed description of the Person or Persons for
whom the items or materials were received, including the description of
the clothing or any other distinguishing features.
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1Schedule "L"
Specified Penalties
BYLAW
SECTION
DESCRIPTION OF CONTRAVENTION SPECIFIED PENALTY
Applicable to all Licence Types
1st
Offence
2nd
Offence
3rd
Offence
35(a)
Failing to post licence in a conspicuous
place in the Premises or the
vehicle/apparatus where the business is
Carried On
$250
$500
$1,000
35(c)
Failing to produce a licence upon request
$250
$500
$1,000
36
Failing to give access to the Premises on
the licence
$250
$500
$1,000
40
Providing false, inaccurate or misleading
information on a licence application
$250
$500
$1000
46
Carry On Business while licence
suspended or revoked
$500
$1,000
$5,000
53(a)
Carry On or operate a Business without a
licence
$250
$500
$1,000
53(b)
Carries On a Business in breach of an
imposed licence condition
$500
$1,000
$2,500
53(c)
Hinders or obstructs any Person in the
exercise or performance of the Person's
duties or powers
$250
$500
$1,000
Applicable to Pawn Shops
Schedule
"B" 1
Pawnbroker Carrying on Business as a
Second- Hand Dealer on the same
Premises
$500
$1,000
$2,500
Schedule
"B" 2 & 3
Failure to keep satisfactory records
$500
$1,000
$2,500
Schedule
"B" 7
Failure to retain items for the specified
time frame
$500
$1,000
$2,500
Schedule
"B" 9
Accepting goods from an unauthorized
Person
$500
$1,000
$2,500
1 3609/A-2018, 3609/B-2021
Bylaw No. 3609/2018
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Schedule
"B" 10
Erasing, defacing, or altering records
$500
$1,000
$2,500
Schedule
"B" 12
Failure or refusal to allow inspection of
records by Peace Officer or City Manager
$500
$1,000
$2,500
Applicable to Second Hand Dealers
Schedule
"C" 1
Second Hand Dealer Carrying On
Business of a Pawnbroker on the
same Premises
$500
$1,000
$2,500
Schedule
"C" 3 & 4
Failure to keep satisfactory records
$500
$1,000
$2,500
Schedule
"C" 5
Erase, deface, remove or alter any
portion of a record
$500
$1,000
$2,500
Schedule
"C" 6
Failure or refusal to allow inspections of
records by Peace Officer or City Manager
$500
$1,000
$2,500
Schedule
"C" 7.1
Disposing or repairing of goods before
the specified time frame has elapsed
$500
$1,000
$2,500
Applicable to Direct Sellers
Schedule
"E" 2
Operating within prohibited timeframe
(between 8:00PM and 8:00AM)
$500
$1,000
$2,500
Schedule
"E" 3
Failure to produce licence to customer
upon request
$500
$1,000
$2,500
Applicable to Drinking Establishments
Schedule
"F" 3
Failure or refusal to allow Peace Officer
or City Manager on the Premises
$500
$1,000
$2,500
Applicable to Supervised Consumption Services
Schedule
"G" 8(a)
Outdoor storage of goods in connection
with operations of the business
$1,000
$5,000
$10,000
Schedule
"G" 8(b)
Unit on site outside of approved days and
hours
$1,000
$5,000
$10,000
Schedule
"G" 8(c)
Failure to maintain site condition after
Business operation
$1,000
$5,000
$10,000
Schedule
"G" 8(d)
Operating in an unapproved location
$1,000
$5,000
$10,000
Bylaw No. 3609/2018
47
Schedule
"G" 9(a)
Failure to maintain and/or execute a plan
to address emergency, medical and
security concerns
$1,000
$5,000
$10,000
Schedule
"G" 9(b)
Failure to install and/or maintain a system
of video camera surveillance
$1,000
$5,000
$10,000
Schedule
"G" 9(c)
Failure to maintain and/or execute a plan
for outside inspections and regular clean
up
$1,000
$5,000
$10,000
Schedule
"G" 9(d)
Failure to inform City of any emerging
issues related to community concerns
$1,000
$5,000
$10,000
Applicable to Cannabis Retail Sales and Cannabis Production Facility
Schedule
"H" 2(a)(i)
Failure to keep proof of valid subsisting
Cannabis Licence on Premise
$1,000
$5,000
$10,000
Schedule
"H" 2(a)(ii)
Failure to keep list of all Persons
employed
$1,000
$5,000
$10,000
Schedule
"H" 2(b)
Failure to produce information as
requested by a Peace Officer or City
Manager
$1,000
$5,000
$10,000
Schedule
"H" 2(d)
Failure to maintain a minimum of two
employees during hours of operation
$1,000
$5,000
$10,000
Schedule
"H" 2(f)
Failure to comply with approved security
plan
$1,000
$5,000
$10,000
Schedule
"H" 3(a)(i)
Failure to keep proof of valid and
subsisting Cannabis Licence on
Premise
$1,000
$5,000
$10,000
Schedule
"H" 3(a)(ii)
Failure to keep list of all Persons
employed
$1,000
$5,000
$10,000
Schedule
"H" 3(b)
Failure
to
produce
information
as
requested by Peace Officer or City
Manager
$1,000
$5,000
$10,000
Schedule
"H" 3 (c)
Failure to comply with approved security
plan
$1,000
$5,000
$10,000
Applicable to Late Night Clubs
Schedule
"I" 5
Carrying on Business after 6 A.M.
$500
$1,000
$2,500
Schedule
"I" 7
Refusal to allow Peace Officer or City
Manager to perform their duties
$500
$1,000
$2,500
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1Applicable to E-Scooters
Schedule
"J" 1(a)
Failure to obtain and keep Provincial
Approval while operating in Red Deer
$1,000
$5,000
$10,000
Schedule
"J" 1(b)
Failure to provide data and records for E-
Scooter involved in an accident, crime,
vandalism
$500
$1,000
$2,500
Schedule
"J" 2(d)
Failure to complete daily pick up of E-
Scooters
$500
$1,000
$2,500
Schedule
"J" 2(e)
Failure to respond to complaints within 3
hours for E-Scooters dropped in non-
approved zones
$500
$1,000
$2,500
Schedule
"J" 2(f)
Failure to remove E-Scooters between
November 1 and March 15
$500
$1,000
$2,500
Applicable to Auto Wrecker, Scrap Metal Dealer, Salvage Yard
Schedule
"K" 2 & 3
Failure to keep satisfactory records
$500
$1,000
$2,500
Schedule
"K" 4
Erasing, defacing, or altering records
$500
$1,000
$2,500
Schedule
"K" 7
Failure or refusal to allow inspection of
records by Peace Officer or City
Manager
$500
$1,000
$2,500
1 3609/A-2021