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BYLAW NO.1958/2023
TOWN OF REDCLIFF
A BYLAW OF THE TOWN OF REDCLIFF, lN THE PROVINCE OF ALBERTA, PROVIDING FOR
THE LICENSING OF ALL BUSINESS ENTERPRISES OPERATING WITHIN THE CORPORATE
LIMITS OF THE TOWN OF REDCLIFF.
WHEREAS pursuant to the Municipal Government Act, R.S.A. 2000, Chapter M-26.1, a Council
may pass bylaws for municipal purposes respecting businesses, business activities and persons
engaged in business.
NOW THEREFORE the Council of the Town of Redcliff, duly assembled, enacts as follows:
PART I
SHORT TITLE, DEFINITIONS
SHORT TITLE
(1) This Bylaw may be cited as the "Business License Bylaw."
DEFINITIONS
(2) Any word or expression that is specifically defined in the Acts and Regulations listed in
Section (3) are adopted for the purposes of the interpretation and application of this Bylaw
and have the same meaning under this Bylaw as defined in those statutes, unless
otherwise specifically defined differently in this Bylaw or unless the context necessarily
implies a different meaning.
(3) ln this Bylaw:
(a) ADULT SERVICES shall mean any business providing adult entertainment, usually
in the form of live performances, or electronic or photographic reproductions
featuring full or partial nudity, or sexual services.
(b) APPLICANT shall mean a person who applies for a:
(i) Business License; or
(ii) renewal of an existing Business License.
(c) APPLICATION shall mean a written Application for a Business License on a form
issued by the Town of Redcliff.
(d) BUSINESS LICENSE shall mean a License issued by the Town of Redcliff to
operate a business within the corporate limits of the Town pursuant to this Bylaw.
(e) BUSINESS LICENSEE shall mean a person holding a valid and subsisting
Business License issued pursuant to the provisions of this Bylaw.
(f) BUSINESS LICENSE FEE shall mean the fee charged by the Town as prescribed
in the Fees, Rates & Charges Bylaw.
(g) BUSINESS LICENSE INSPECTOR shall mean an employee of the Town appointed
by the CAO as a Business License Inspector.
?.`q\``
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(h) BUSINESS LICENSE YEAR meansthe period commencing January lstand ending
December 31 St of the same calendar year.
(i) BUSINESS PREMISES shall mean any place where a person is carrying-on-
Business and includes any land, building, structure, vehicle, or location.
0) BYLAW ENFORCEMENT OFFICER means a person appointed by council as a
Bylaw Enforcement Officer for the Town.
(k) CAo means the person appointed to the position of chief Administrative officer for
the Town, by Council, within the meaning of the Mun/.c/.pa/ Goverrmenf Act of
A/berfa. May also be referred to as the Municipal Manager.
(I) 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 transaction in the business within the boundaries of the
Town is sufficient to establish that the Person carried on or engaged in the
business.
(in) CANNABIs hasthe same meaning as in the controlled Drugs and substancesAct.
(n) CANNABIS PRODUCTION AND DISTRIBUTION FACILITY means the business,
as licensed by Health Canada, primarily for one or more of the following:
(i) the production, cultivation, and growth of cannabis;
(ii) the making, testing, manufacturing, assembling, processing, or in any way
altering the chemical or physical properties of semi-finished Cannabis goods
and products;
(iii) the storage of cannabis materials, goods, and products; or
(iv) the transporting, shipping and sale of materials, goods and products to the
Alberta Gaming and Liquor Commission or other agencies designated by
provinces outside of the province of Alberta responsible for the distribution and
sale of Cannabis in those provinces.
(o) CANNABIS RETAIL STORE means the business of displaying and selling
recreational Cannabis and Cannabis accessories, as authorized by the Alberta
Gaming, Liquor, and Cannabis Act.
(p) CHARITABLE OR NON-PROFIT OR NOT-FOR-PROFIT ORGANIZATION means
an association acting for a charity or in promotion of the general social welfare and
must be registered as a charity under a Federal or Provincial Act or regulation.
(q) COUNCIL means the duly elected and sworn in council of the Town.
(r) CRAFT OR TRADE SHOw means an organized activity at which:
(i) crafts, goods or services are displayed and/or for sale by charitable or Non-
Profit or Not-For-Profit Organization(s); or
(ii) trades people are offering goods or services for sale for a profit.
(s) ESCORT means any business providing escort services.
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(t) GARAGE SALEs means the displaying and offering for sale of five or more items of
goods, wares, or merchandise on private residential property.
(u) GENERAL CONTRACTOR shall mean any person who enters into a contract with
another Person for the purpose of erection, alteration, cleaning, moving, repair, or
demolition of a building or structure or other infrastructure.
(v) HOME OCCUPATION means an occupation, trade, profession, or craft carried out
on a residential property by one or more of the occupants of the residence and
clients may or may not come to the property to receive goods or services.
(w) KID STAND means an informal stand set up by children underthe age of 12 to sell
goods to passersby, typically located on private residential property.
(x) LOCAL BUSINESS -means a business that has a permanent business location
within the corporate limits of
(i) TheTown ofRedcliff,
(ii) The cityofMedicine Hat, or
(iii) Cypress county.
(y) 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, and includes, but is not limited to:
(i) electrical contractor;
(ii) plumbing contractor;
(iii) steam fitting & pipefitting contractor;
(iv) gasfitting contractor;
(v) motormechanic;
(vi) auto body mechanic;
(vii) sheet metal contractor;
(viii) electronic technician;
(ix) refrigeration mechanic;
(x) heavy duty mechanic;
(xi) elevator contractor;
(xii) locksmith.
(z) MOBILE FOOD VENDOR means a vehicle or trailer used to prepare, process, and
sell food. The vehicle or trailer may use electricity, natural gas, wood, charcoal, or
propane powered cooking equipment to prepare and/or store food.
(aa) NON-LOCAL BUSINESs shall mean any business that is not in the corporate
limits of:
(i) TheTownof Redcliff,
(ii) Cifyof Medicine Hat, or
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(iii) Cypress county.
(bb) PEACE OFFICERmeans:
(i) A memberofthe Royal canadian Mounted police,
(ii) A peace officer as appointed by the peace offr.cerAcf ofAlberta, and
a Bylaw Enforcement Officer as appointed by the Town to enforce the bylaws
of the Town.
(cc) PEDDLER shall mean any person who as principal oragent carries on Business
in the Town by soliciting, negotiating or concluding sales contracts in person at any
place other than the seller's place of business, without an expressed invitation from
the consumer and includes any Person that may be known as a huckster or
transient trader. A Person selling farm produce grown or raised by the Person is
not considered a Peddler.
(dd) PEDDLER LICENSE shall mean a license issued to a person to be a peddler in
the Town.
(ee) PERSON shall mean a natural person, trustee, legal representative, proprietorship,
body corporate, association, or partnership.
(ff) RENTAL ACCOMMODATION BUSINESs shall mean carrying-on-Business by
renting or leasing three or more dwelling units on one property.
(gg) SEASONAL BUSINESs shall mean:
(i) agardentilling business;
(ii) a weed cutting business;
(iii) the business of snow removal; or
(iv) othersimilar business.
(hh) TEMPORARY LICENSE means a business license issued by the Town that is valid
for a limited period of time as identified on the License.
(ii) TOWN means the municipal corporation of the Town of Redcliff, or the area
contained within the Town boundaries as the context requires.
¢j) VIOLATION TAG means a notice ortag in such a form as may be prescribed from
time to time by the CAO, issued by the Town, allowing a voluntary payment option
of a fine established under this Bylaw directly to the Town.
(kk) VIOLATION TICKET means a summons by means of a violation ticket (Part 2) or
an offence notice by means of a violation ticket (Part 3) in accordance with the
prow.istions Of the Provincial Offences Procedure Act Of Alberta.
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PART 2
GENERAL REGULATIONS
REQUIREMENT TO POSSESS BUSINESS LICENSE
(4) Every person carrying®n-Business within the corporate limits of the Town is required to
have a current, valid Business License issued pursuant to the provisions of this Bylaw,
unless exempted by Federal, Provincial, or municipal statutes or regulations.
(5) A Business License does not give a person the right to be a peddler. A separate peddler
License is required for a Peddler.
(6) Advertising for sale on a private property more than one item of any kind is considered to
be Carryingron-Business.
BUSINESS LICENSE APPLICATION REQUIREMENTS
(7) Application for a Business License shall:
(a) Be in writing on the application form as prescribed by the Town of Redcliff;
(b) Be signed and submitted by the person or a director or officer of the person
intending to be Carrying®n-Business;
(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) Include payment of the Business License Fee as set out in the Town's Fees,
Rates and Charges Bylaw.
TERMS OF BUSINESS LICENSE
(8) The Business License Inspector may refuse to grant a Business License if:
(a) The application is incomplete;
(b) Required Federal or provincial licensing or certificate of Qualification has not be
provided;
(c) There are reasonable grounds to believe the business may jeopardiee public health
and safety;
(d) There are reasonable grounds to believe the business will be or is involved in
criminal activities; or
(e) There are reasonable grounds to believe the business will contravene or is in
contravention of Town bylaws.
(9) The Business License Inspector shall only issue a Business License for a Business
Premises located in the Town if there is an approved Development Permit for the
proposed Business Premises, if required.
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(10) The Business License Inspector may impose any conditions on a Business License that
are deemed necessary to:
(a) Protect the public health and safety;
(b) Reduce the potential for the Business Licensee to be involved in criminal activities;
(c) Reduce the potential for contraventions of the Town bylaws; and
(d) Protect the public interest.
(11) Every Business License issued underthe provisions of this Bylaw shall terminate at
midnight on the 31 st day of December of the Business License Year in which the
Business License was issued, unless the Business License is terminated by revocation
or surrendered prior to midnight on the 31st day of December of the Business License
Year.
POSTING AND INSPECTION
(12) Every Business License issued pursuant to this Bylaw shall be picked up by the Business
Licensee, or delivered or mailed to the Business Licensee by the Town.
(13) The Business Licensee shall pest the Business License in a conspiouous place on the
Business Premises.
(14) All Business premises located within the corporate limits of the Town in respect of which
a Business License has been applied for or has been issued pursuant to the provisions of
this Bylaw shall be subject to inspection by the Business License Inspector.
(15) A Business Licensee shall preduce the Business License for inspection purposes
whenever required to do so by the Business License Inspector.
(16) The Business 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 Business License has been applied for or has been issued pursuant to
the provisions of this Bylaw, to inspect for conditions that may contravene or fail to comply
with the provisions of this Bylaw.
REVOCATION, AND SUSPENSION
(17) The Business License Inspector may revoke or suspend a Business License if, in their
Opinion:
(a) Public hearth and safety may be jeopardized by the continuation of the business;
(b) There is a breach of the criminal code that warrants the revocation or suspension;
Or
(c) The Business Licensee is in continual and ongoing contravention of this Bylaw or
other bylaws of the Town.
(18) Upon a Business License being revoked or suspended, the Business License Inspector
shall notify the holder of the Business License by delivering the notice personally, or by
registered or certifed mail to the place of business as shown on the Business License.
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APPEALS OF BUSINESS LICENSE INSPECTOR DECISIONS
(19) ln every case where a Business License has been refused, revoked, or suspended, the
Applicant or Business Licensee may request an administrative review of the decision be
performed by the CAO. The administrative review shall only consider if the deci.sion of the
Business License Inspector is consistent with established Town Bylaws, Policies and
Procedures.
(20) Where the Applicant or Business Licensee is not satisfied with the administrative review
of the CAO, the Applicant or Business Licensee may appeal the CAO's decision to
Council.
(21) Vvlth respectto sections (19) and (20) the cAo and orcouncil may:
(a) Confirm the refusal, revocation, or suspension;
(b) Direct the Business License to be issued;
(c) Reinstate the revoked Business License; or
(d) Remove or vary the suspension of the Business License.
(22) An administrative review under section (19) or an appeal under section (20) shall be made
by the Applicant or Business Licensee within 30 days after such refusal, revocation,
suspension or administrative review.
(23) The fees for an administrative review or appeal ofa decision of the Business License
Inspector, or CAO are contained in the Fees Rates and Charges Bylaw.
(24) All requests for administrative reviews or appeals under sections (19) and (20) shall be
made in writing addressed to the CAO of the Town and shall be dated as of the date
received by the CAO.
TRANSFER OF BUSINESS LICENSE
(25) A Business Licensee may not transfer a Business License to another person.
PART 3
ADDITIONAL REGULATIONS REGARDING CERTAIN BUSINESSES
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
(26) Approval of an Application for a Business License for a cannabis production and
Distribution Facility shall be conditional upon the Applicant providing the Business
License Inspector:
(a) Proof of a valid and subsisting license issued by Heath canada; and
(b) Proof of each employee's compliance with any qualifications, conditions, or training
requirements set by Heath Canada and applicable legislation.
(27) The Business License Inspector may share all information received in the above section
with law enforcement agencies.
1958/2023 - Business License Bylaw
Bylaw NO.
Page 8 of 16
(28) The Business Licensee for a cannabis production and Distribution Facility must
maintain and keep on the premises:
(a) Proofofa valid and subsisting license issued by Health canada; and
(b) Proof of each employee's compliance with any qualifications, conditions, ortraining
requirements set by Health Canada and applicable legislation.
(29) A Business License for a cannabis production and Distribution Facility is
automatically revoked if at any time the business's Hearth Canada license is revoked,
cancelled, or expired and not renewed.
CANNABIS RETAIL STORE
(30) Approval of an Application for a Business License for a cannabis Retail store shall be
conditional upon the Applicant providing the Business License Inspector:
(a) Proofofa valid and subsisting license pursuantto theAlberta Gaming, Liquor, and
Cannabis Act and other applicable legislation; and
(31)
(32)
(b) Proof of each employee's compliance with any qualifications, conditions, ortraining
requirements set out in the Alberta Gaming, Liquor and Cannabis Act and other
applicable legislation.
The Business License Inspector may share all information received in the above Section
with law enforcement agencies.
The Business Licensee for a Cannabis Retail Store must maintain and keep on the
premises:
(a) Proof of a valid and subsisting license issued under the Alberta Gaming, Liquor and
Cannabis Act; and
(33) A Business License for a cannabis Retail store is automatically revoked if at any time
the business' provincial license is revoked, cancelled, or expired and not renewed.
MOBILE FOOD VENDOR
(34) Approval of an Application for a Business License for a Mobile Food vendor shall:
(a) Proof of valid Inspection certificate(s), issued by an Alberta safety codes officer,
within the past 12 months; and
(b) Be conditional upon the Applicant providing the Business License Inspector with
a site location plan indicating the Applicant's intended operation locations.
(35) lfthe Applicantwishes to operate a Mobile Food vending unit in a location not identified
in their original location plan, they must provide the Business License Inspector with an
updated location plan and receive Business License Inspector approval.
(36) A Business License Fee fora Mobile Food vendor shall be paid tothe Town atthe time
of the Business License Application and may be for a daily, weekend, monthly or
Business Year, as chosen by the Applicant, as set out in the Fees, Rates and Charges
Bylaw.
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(37) A Mobile Food vendor, while in operation, may be located, subject to the approval of the
Business License Inspector:
(a) On private property, with written consent from the landowner, in the Downtown
Commercial, General Commercial, Highway Commercial, Light Industrial, and
Heavy Industrial Land Use Districts, as defined in the Land Use Bylaw; or
(b) On Town owned land, streets, roads, and highways.
(c) On private property, with written consent from the landowner, in the Downtown
Commercial, General Commercial, Highway Commercial, Light Industrial, and
Heavy Industrial Land Use Districts, as defined in the Land Use Bylaw; or
(d) On Town owned land, streets, roads, and highways.
PEDDLER
(38) Every peddler engaged in carrying®n-Business in the Town shall carry on their person
a Peddler License issued by the Business License Inspector.
(39) A peddler License shall be applied for and subject to the approval of the Business
License Inspector prior to the Peddler Carrying®n-Business in the Town,
(40) A peddler License will not be issued to a trustee, legal representative, proprietorship, body
corporate, association, or partnership.
(41) Application fora peddler License shall:
(a) Be in writing on the current standard Town form;
(b) Be signed and submitted by the person intending to be a peddler;
(c) Be accompanied with photo identification dooument(s) acceptable to the Business
License Inspector that includes a unique identification number;
(d) Include a criminal record check, completed in the last 90 days, for every person
who wishes to carry on business as a Peddler. In the case where a Peddler will be
representing a Person Carrying®n-Business, other than the Peddler, include by
a criminal record check, completed in the last 90 days, for the owner or manager of
the Person Carryjnglon-Business;
(e) 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
(f) Include payment of the Business License Fee as set out in the Town's Fees,
Rates and Charges Bylaw.
(42) The Business License Inspector shall not issue a peddler License if the Applicant has
within the preceding two years been found guilty of theft, fraud, possession of stolen
property or any other criminal offence involving an imputation of dishonest or fraudulent
conduct, or person crimes, in Canada or in any other country so far as the Business
License Inspector or Business License is able to determine with the assistance of the
RCMP.
(a) This section shall not be construed or interpreted to derogate from the disoretion of
the Business License Inspector to:
%,\L
Bylaw NO. 1958/2023 - Business License Bylaw
Page 10 of 16
(i) refuseto grant a peddler Licenseto a person who has been convicted ofa
criminal offence of a type other than that specified in this Section; or
(ii) refuseto grant a peddler Licenseto a person who has been convicted ofa
criminal offence of a type mentioned in this Section, more than two years
before the date on which the application is made.
(43) The Business License Inspector may refuse to grant a peddler Business License if:
(a) The application is incomplete;
(b) Required federal or provincial licenses or certificates have not be provided;
(c) There are reasonable grounds to believe the peddler mayjeopardize the health and
safety of the public;
(d) There are reasonable grounds to believe the peddler will be involved in illegal
activities; and
(e) There are reasonable grounds to believe that the peddler will contravene the
bylaws of the Town.
(44) A peddler shall produce the peddler License and photo identification for inspection
purposes whenever required to do so by a Peace Officer or Business License Inspector.
(45) A peddlers License shall be valid for only the term specified on the peddler License and
in no case shall the Peddler License be valid beyond midnight on the 31st day of
December of the Business License Year. There is no renewal of a Peddler's License.
(46)
(47)
No Person shall carry on the business of a Peddler except between the hours of 9:00 a.in.
and 8:00 p.in. on a day other than a Saturday, Sunday, or statutory holiday.
The Business License Inspector may revoke or suspend a Peddler License if, in their
Opinion:
(a) Public health and safety may be jeopardized by the continuation of the peddler
License;
(b) There is a breach of the criminal code that would prevent the person from receiving
a Peddlers License; or
(c) The peddler is in continual and ongoing contravention of this bylaw and other
bylaws of the Town.
(48) Upon a peddler License being revoked or suspended, the License Inspector shall notify
the holder of the Peddler License by delivering the notice personally and requiring the
Peddler to surrender the Peddler License. Where personal delivery and surrender of the
Peddler License is not possible, the notice may be sent by registered or certified mail to
the place of business as shown on the Peddler License.
SEASONAL BUSINESS
(49) A Business License for a seasonal Business shall be applied for and be subjectto the
approval of the Business License Inspector prior to the Person Carryingron-Business
in the Town. A Business License Fee as set out in the Fees, Rates and Charges Bylaw
for a Seasonal Business shall be paid to the Town at the time of the Business License
Application.
REeBE
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(a) The provisions of sections (57)(58)(63) shall not apply to Business License Fees
for a Seasonal Business.
PART 4
EXEMPTIONS
(50) Schools, not for profits, and charitable organizations hosting fundraising events, including
door to door fundraisers, and using volunteers, are exempt from requiring a Business
License.
(51)
(52)
(53)
The provisions of this Bylaw shall not apply to a Person Carrying-on-Business exempted
by provincial or federal statutes or regulations.
A Business License is required of the Mechanical Trade and not to individual employees
of the licensed Mechanical Trade.
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
Business License Inspector for a refund of the Business License Fee.
(54) Garage sales shall be permitted without a Business License subject to the following:
(a) A maximum of two garage sales in each calendar year may be conducted on each
private residential property in the Town.
(b) A garage sale must not be conducted for a period of more than three days, whether
consecutive or not.
(55) Kid stands (i.e. lemonade stand) shall be permitted without a Business License subject
to the following:
(a) The persons running the stand are underthe age of 12 years,
(b) The persons receiving profit from the stand are under the age of 12 years,
(c) That the stand is informal and without:
(i) Regularbusiness hours;
(ii) Professionally produced promotional materials;
(iii) Professional equipment; and
(iv) Wallsand roofs;
(d) Hours of operation are limited from 10:00 AM to 8:00 PM; and
(e) Are not operated during class time on a prairie Rose school Division school day.
-=+-_--
1958/2023 - Business License Bylaw
Bylaw NO.
Page 12 of 16
(56)
(57)
(58)
(59)
PART 5
BUSINESS LICENSE FEES
Business License Fees for a Business License are as per the Fees, Rates, and Charges
Bylaw as amended.
For a business that did not hold, and was not required to hold a business license in the
previous calendar year, the license fee is applied for as follows:
(a) between the lst day of January and the 31st day of August in any Business
License Year the Business License Fee shall be amount for the full year;
(b) after the lst day of september in any Business License Year the Business
License Fee shall be one-half the amount of the full year;
For a Business that was required to have a business license in the previous calendar year
the license fee shall not be prorated.
Business License Fees for renewal of an existing Businesses License become due on
January 1 of the new Business License Year. \/\/here a Business License Fee for
renewal of a Business License has not been received by the Town before the first day of
March of the new Business License Year, the Business License will be cancelled.
PART 6
0FFENCES, ENFORCEMENT AND PENALTIES
OFFENCES
(60) Any person who breaches or contravenes any provision of this Bylaw is guilty of an offence
punishable by issuance of:
(a) A summons/violation ticket (Part 2); or
(b) An offence notice/violation ticket (Part 3); or
(c) \/\/ill be served a violation tag.
(61) Any notice, violation or summons ticketwill be served by a peace officer in accordance
with the provisions of the Provincial Offences Procedure Act.
VIOLATION TAGS. PENALTIES AND ENFORCEMENT
(62) No person shall willfully obstruct, hinder, or interfere with a peace officer or any other
Person authorized to enforce and engaged in the enforcement of provisions of this Bylaw.
(63) Any person who breaches or contravenes any provision of this Bylaw is guilty of an offence.
(64) \/Vhere a peace officer, Bylaw Enforcement officer or Business License Inspector
believes on reasonable and probable grounds that a contravention of this Bylaw has
occurred they may:
(a) Enter the business to investigate;
(b) Request to see the copy of the Business License and any other documentation
required as part of a Business License under this Bylaw;
4i\¥-i=-
Bylaw No.1958/2023 -Business License Bylaw
Page 13 of 16
(c) At their discretion, give the person in contravention of this Bylaw 24 hours to
correct the contravention;
(d) Serve upon the person a written violation notice; or
(e) Commence proceedings by issuing a ticket as outlined in section (60)(70).
(65) Nothing is this Bylaw shall be construed as curtailing or abridging the right of the Town to
obtain compensation or to carry out an action for loss of or damages to property from or
against the Person responsible.
(66) A person shall not be convicted of an offence if it is established upon a preponderance of
the evidence that the Person took all reasonable steps under the circumstances to avoid
the contravention of this Bylaw.
(67) A person who is guilty of an offence underthis Bylaw is liableto pay afine of not lessthan
the specified penalty for that offence and not more than two thousand dollars ($2,000.00)
or, in default of payment of a fine, to imprisonment for a period of not more than six (6)
months.
(68) Where a peace officer believes on reasonable and probable grounds that an offence has
taken place consisting of a breach or contravention of this Bylaw, the Peace Officer may
commence proceedings against a Person by issuing a Violation Ticket in accordance with
the prcN.istions Of the Provincial Offences Procedure Act Of Alberta.
(69) lf a violation Ticket is issued pursuantto this Bylaw that an offence has taken place
consisting of a breach or contravention of this Bylaw, the Violation Ticket may provide for
a specified penalty, which specified penalty shall be the amount set out in Schedule "A" of
this Bylaw in the case of any offence listed in that Schedule "A" of this Bylaw.
(70) Where a peace officer believes on reasonable and probable grounds that an offence has
taken place consisting of a breach or contravention of this Bylaw, the Peace Officer may
serve upon a Person a Violation Tag.
(71) lfa violation Tag is issued pursuant to this Bylawthat an offence has taken place
consisting of a breach or contravention of this Bylaw, the Violation Tag shall provide for an
amount of money that the Town will accept as payment for the alleged offence, which
amount of money shall be the specified penalty set out in Schedule "A" of this Bylaw.
(72) Service of any violation Tag underthis Bylaw on a person shall be sufficient if the
Violation Tag is:
(a) Personally served;
(b) served by registered mail to the Business premises; or
(c) attached to or left upon the main door of the Business premises in respect of which
the offence is alleged to have committed by.
(73) A violation Tag placed upon or affixed to premises pursuant to this Bylaw shall not be
removed from the Premises by anyone other than a Peace Officer or a Person lawfully
entitled to possession of the Premises.
--:-ji
Bylaw No.1958/2023 -Business License Bylaw Page 14 of 16
(74) Upon issuance and service ofa violation Tag underthis Bylaw to a person, the amount of
money the Town will accept as payment for the alleged offence shall be the amount of
money set out in the Violation Tag and upon payment of that amount of money to a Person
authorized by the CAO to receive that payment there shall be issued an official receipt
therefor by the Town and the payment shall be accepted in lieu of commencing
proceedings for the alleged offence.
(75) Nothing in this Bylaw shall be read orconstrued as:
(a) Preventing any person for exercising that person's right to defend an allegation that
the Person has committed an offence under this Bylaw; or
(b) Preventing a peace officer from issuing a summons by means of a violation Ticket
(Part 2) or an offence nothing by means of Violation Ticket (Part 3) in accordance
with the provisions of the Prov+'nci.a/ Offences Procedure Aof of A/berfa or otherwise
initiating court process in any manner permitted by law in respect of an alleged
offence for which a Violation Tag may be issued, including, but not limited to, for
alleged offences under this Bylaw where a Violation Tag has already been issued
to a Person, but that Person has not paid the amount of money set out in the
Violation Tag to the Person authorized by the CAO to receive that payment.
INSPECTION 0F DOCUMENTS
(76) Upon the request of a peace officer or Bylaw Enforcement officer, a person holding a
Business License or Peddler License shall produce the Business License or Peddler
License issued pursuant to this bylaw.
(77) Information obtained from any document inspected by a peace officer or Bylaw
Enforcement Officer, under the authority of this Section, and submitted by them as
evidence in a prosecution for an alleged contravention of this Bylaw, shall be prima-facie
accepted by the Court as true information without the necessfty of proof of the signature or
the official capacity of the Person who signed or authorieed the dooument(s) from which
the information was obtained.
GENERAL
(78) Forthe purposes of this Bylaw, a peace officer and an appointed Bylaw Enforcement
Officer is also authorieed as a Business License Inspector.
(79) Forthe purposes of this Bylaw, a Business License Inspector is also a Bylaw
Enforcement Officer.
(80) Each separate provision of this Bylaw shall be deemed to be independent of all other
provisions. If any provision of this Bylaw is deemed or declared to be invalid by a Court of
competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable.
(81) lf any provision of the Bylaw provides for an exception or an exemption, the onus or burden
of establishing the exception or exemption in any Court proceedings shall be on the person
charged with the offence under the Bylaw.
Bylaw No.1958/2023 -Business License Bylaw Page 15 of 16
(82) The Town of Redcliff Bylaw No.1618/2009 is hereby repealed upon this Bylaw coming into
effect.
Read a first time this 17th day of July, 2023.
Read a second time this 25th day of September, 2023.
Read a third time this 23rd day of October, 2023.
sianed and passed this '\ Cfr day oft\OutzLtae, .2o23.
Signed and Passed this JL day
MAYOR
MUNICIPAL MANAGER
Bylaw No.1958/2023 -Business License Bylaw Page 16 of 16
SCHEDULE A
Specified Fines
Section
Description of Offence
Fine
(4), (58)
Carrying-on-Business without a Business
$500.00
License
(14)
Failing to produce a Business License for
$500.00
inspection purposes to the Business
License Inspector
(38), (39), (40), (41)
Parking an operational Mobile Food
$250.00/day
Vendor or Mobile Cooking Operation in a
prohibited area
(38), (39), (40), (41)
Parking an operational Mobile Food
$50.00/day
Vendor or Mobile Cooking Operation in a
permitted area not defined on the
Business Licensee's site plan
(42)
Carrying-on-Business as a Peddler
$500.00
without a Peddler Business License
(46)
Carrying-on-Business as a Peddler
$200.00/offence
outside of the designated hours
Other Offences
Any other offence of this Bylaw not
Min: $50.00
specified or listed in Schedule A
Max: $1000.00
-,,`?