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TOWN OF ROCKY MOUNTAIN HOUSE
BYLAW 2019/lSV
A Bylaw of the Town of Rocky Mountain House pursuant to provisions of the Municipal
Government Act, being Chapter M-26 of the Revised Statutes of Alberta, 2000 and
amendments thereto, to provide for the regulation and licensing of all businesses carried on
within the municipality.
WHEREAS the Council of the Town of Rocky Mountain House is committed to developing and
maintaining a safe and viable community, and
WHEREAS Council may pass bylaws for municipal purposes respecting the safety, health,
welfare and protection of people, and
WHEREAS Council may, in passing a bylaw, regulate or prohibit, or provide for a system of
licenses, permits or approvals, for any development, activity, industry, business or thing, until
a licence, permit or approval has been granted, which can include terms and conditions, and
fines and penalties.
WHEREAS the Council of the Town of Rocky Mountain House; duly assembled, deems it
necessary to provide for the regulation and licensing of all businesses carried on within the
municipality,
NOW THEREFORE, the Council of the Town of Rocky Mountain House; duly assembled,
enacts as follows:
TITLE:
1.
This Bylaw may be cited as "the Business License Bylaw" of the Town of Rocky
Mountain House.
DEFINITIONS:
2.
In this Bylaw:
A.
"Abutting Vendor" means a vending business that is located directly adjacent to
an existing commercial establishment of which the operation is done by that
establishment, and for the purposes of that establishment, including the selling of
perishable items;
B.
"Applicant" means a person who applies for a business license or renewal of a
business license required by the Bylaw;
C.
"Business" means:
i)
a commercial, merchandising or industrial activity or undertaking,
ii)
a profession, trade, occupation, calling or employment; or,
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iii) an activity providing goods or services whether or not for profit and however
organized or formed, including cooperative or association of persons;
D.
"Business Premises" means the premises from which a Business is operated;
E.
"Busker" means a person (or persons) who entertains to solicit money from people
in public spaces;
F.
"CAO" means the Chief Administrative Officer of the Town of Rocky Mountain
House;
G.
"Conversion therapy" means the offering or provision of counselling or behaviour
modification techniques, administration or prescription of medication, or any other
purported treatment, service, or tactic used for the objective of changing,
repressing, or discouraging a person's sexual orientation, gender identity, gender
expression, or gender preference, or eliminating or reducing sexual attraction or
sexual behaviour between persons of the same sex, not including
i)
services that provide non-judgemental acceptance, support,
or understanding of a person or that facilitate a person's
coping,
social
support,
or
identity
exploration
or
development, or;
ii) gender-affirming surgery or any service or assessment
related to gender-affirming surgery, social, or medical
transition.
H.
"Council" means the Municipal Council of the Town of Rocky Mountain House;
I.
"County Resident Business" means a Business that resides within the corporate
limits of Clearwater County, but outside the corporate boundaries of the Town of
Rocky Mountain House, that conducts business within the Town of Rocky Mountain
House;
J.
"Fee" means the monetary amount levied on each application for a business license
as set out in the Fees and Rates Bylaw;
K.
"For Profit Events" means events that are in nature, for commercial purposes of
financial gain through the selling of good or services. Examples include Farmers
Markets, other markets, trade fairs, for-profit music concerts. This does not include
fundraising events.
L.
"Home Occupation" means any person, firm or corporation carrying on any
business out of a residence within the Town of Rocky Mountain House.
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M.
"License" means a license granted by the Town of Rocky Mountain House entitling
the person, to whom it is granted, to carry on business therein specified in the
Town of Rocky Mountain House;
N.
"Licensee" means a person holding a valid and subsisting License issued pursuant
to the provisions of this Bylaw;
O.
"License Inspector" means the person designated and authorized in writing by
the Chief Administrative Officer to administer and enforce the requirements of this
Bylaw;
P.
"Mobile Vendors" means a vending business that can be easily relocated in four
(4) hours and does not take up more than 100 sq. ft. Examples include hot dog or
ice cream carts, other mobile vendors;
Q.
"Municipal Tag" means a form of ticket prescribed by the Town for a Bylaw
Offence providing a person with the opportunity to pay an amount to the Town in
lieu of prosecution;
R.
"Not-for Profit Events" means events that are in nature, for no monetary gain,
and are thus community orientated, charitable, or activity-based;
S.
"Non-Resident Business" a Business that resides outside the corporate limits of
Clearwater County and the corporate boundaries of the Town of Rocky Mountain
House, that conducts business within the Town of Rocky Mountain House. This
category shall include those non-resident contractors and trades people associated
with the construction and/or repair of a building within the corporate boundaries
of the Town of Rocky Mountain House;
T.
"Officer" means:
i)
the License Inspector;
ii)
a Bylaw Officer appointed to enforce bylaws of the Town;
iii) a Community Peace Officer appointed by the Solicitor General of Alberta
and authorized by the Town; or
iv) a member of the Royal Canadian Mountain Police;
U.
"Patio" means an extension to an existing eating or drinking establishment that
requires no permanent construction and includes a seating area for customers;
V.
"Resident Business" means any Business that resides and maintains a permanent
place of business within the corporate boundaries of the Town of Rocky Mountain
House;
W.
"Sidewalk Sales" means tables and racks set up temporarily in front of a
commercial establishment filled with retail merchandise;
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X.
"Temporary" means a commercial use where there is a clear start and end date
that does not extend past an annual year;
Y.
"Town" means the Town of Rocky Mountain House, a municipal corporation in the
Province of Alberta.
Z.
"Violation Ticket" has the same meaning as in the Provincial Offences Procedures
· Act, RSA 2000, c. P-34, as amended.
APPOINTMENT, POWERS, AND DUTIES OF LICENSE INSPECTOR:
3.
The CAO shall appoint a License Inspector(s) to carry out the terms of this Bylaw.
4.
The powers and duties of the License Inspector are:
a) to establish forms for the purpose of this Bylaw, and to receive and administer
all applications for Licenses with the appropriate fee payable under the Fees
and Rates Bylaw;
b) to carry out whatever inspections are reasonably required to determine
compliance with this Bylaw;
c) to require a person holding a license to provide any information reasonably
required to make a decision regarding that License;
d) to consider the advice and recommendations from internal departments and
outside agencies with respect to License applications and to determine whether
the granting of a License to a particular applicant is appropriate in light of that
advice;
e) to prosecute violations and infractions of this Bylaw.
LICENSE REQUIRED:
5.
No person shall carry on or operate a Business in the Town unless the person holds a
valid License authorizing the person to carry on or operate that Business and has paid
the Town the fee for that License as set out in the Fees and Rates Bylaw.
6.
A separate License is required for each location at which the Business operates. A
Mobile Vendor may be exempt from requiring a License for each location, if each
location, including specific times and dates, is clearly determined upon application.
7.
Where more than one Business operates at the same location, each Business must
have a separate License.
8.
No License shall be required for:
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a) residential garage sales, provided that the sales take place on a residential
property where that property owner, or primary resident, directly supervises
and controls the garage sale;
b)
Non-profit, religious or charitable organizations;
c)
Non-profit Events;
d) product delivery operations are exempted from needing a License provided that
the company is not a Resident Business;
e)
any Business that is exempt under Provincial or Federal legislation;
f)
for any other businesses that Council by resolution may exempt;
g) for landlords or any landlord businesses that own properties for rent.
APPLICATION:
9.
An applicant for a License shall make application to the License Inspector on a form
supplied by the License Inspector, furnishing such information as the form shall require
and such additional information as the License Inspector may require including:
a) valid Federal or Provincial Certificate, authority, license or other document or
qualification that may be required in connection with the carrying on of a
Business;
b) valid development permit approval under the Town's Land Use Bylaw;
c)
any certificate or other approval required by any provision of this Bylaw with
respect to the Business;
d) the License fee payable in respect of the business as set out in the Fees and
Rates Bylaw.
10.
During the currency of a License, the Licensee shall promptly inform the License
Inspector of any change in the information submitted in the License application.
REFUSAL, CANCELLATION, AND REVOCATION
11.
The License Inspector may refuse to issue or renew a License, or may cancel or revoke
a License for any of the following reasons:
a) the applicant or Licensee does not or no longer meets the requirements of this
Bylaw, with respect to the License being applied for and held;
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b) where any certificate, authority, license or other document of qualification
under this or any other Bylaw, or under any statute of Canada or Province of
Alberta (i.e. Public Health Act, or Fire Prevention Act) is suspended, cancelled,
terminated, or surrendered, any License issued under this Bylaw based in whole
or in part on such certificate, authority, license or other document of
qualification shall be revoked automatically forthwith;
c)
the applicant or Licensee or any of its of officers or employees:
i)
furnishes false information or misrepresents any fact or
circumstance to an Officer;
ii)
has, in the opinion of the License Inspector based on reasonable
grounds, contravened this Bylaw;
iii)
fails to pay a fine imposed by a court for a contravention of this
Bylaw.
iv)
fails to pay any fee required by the Fees and Rates Bylaw or any
other applicable Bylaw;
d) in the opinion of License Inspector based on reasonable grounds it is in the
public interest to do so;
e) the Licensee refuses to admit an Officer into the Business Premises from which
the Business is carried out.
12.
The License Inspector shall notify the applicant or Licensee of a refusal, cancellation,
or revocation of a License by:
a) delivering a notice to the applicant or Licensee, or any of its officers or
employees personally; or
b) sending a notice by ordinary mail to the mailing address on the application.
13.
Conversion Therapy is not a permitted service provided by any Business, despite an
organization being exempt from a License.
APPEAL:
14.
A person may appeal a refusal, cancellation, or revocation of a License within fourteen
(14) days by submitting a letter of appeal to Town Council.
15.
An appeal shall be heard by Town Council within 30 days of the date upon which a
letter of appeal has been received.
16.
Council shall hear the appellant, the License Inspector, and any other person who, in
the opinion of Council, is affected by the decision. Council may accept any other
evidence or information deemed pertinent to the subject matter of the appeal.
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17.
After hearing the applicant and the evidence provided, Council may confirm such
refusal, cancellation, or revocation, or may direct that the license be issued either
conditionally or unconditionally. The decision of the Council is final.
DURATION:
18.
Every License issued under the provisions of this Bylaw shall terminate at midnight
on the 31st day of December of the year in which said License was issued unless:
a) the License provides otherwise; or
b) the License has been sooner cancelled or forfeited.
LICENSE FEES:
19.
Business License fees shall be levied on each applicant and are non-refundable. All
License fees are based on an annual duration (unless specified) and are provided in
the Fees and Rates Bylaw.
20.
The cost of a License will be half the cost from July 1 to December 31 if purchased
between these dates each year. This will exclude daily business licenses, and all other
Temporary Uses, which will remain unchanged.
TEMPORARY USE REGULATIONS:
BUSKERS
21.
A Busking Licensee shall meet the following conditions:
a) adhere to the hours of operation as stipulated by the License Inspector;
b) shall not charge a minimum or set fee, but may receive donations for their
performances;
c)
shall not aggressively or persistently solicit donations;
d) shall not perform on sites that have been booked for For-profits or Not-for profit
Events unless they are a part of the Event;
e) must carry a valid License.
FOR PROFIT EVENTS
22.
A License for a For-profit Event is a valid License for all vendors operating within the
Event while the Event is in operation.
23.
If food handling and vending is a part of a For-profit Event, proof of Public Health
inspector approval under the Public Health Act will be required prior to issuance of a
License.
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MOBILE VENDORS
24.
An applicant for a License for a Mobile Vendor must submit to the Town, in the form
acceptable to the License Inspector:
a) letter of permission from the property owner (if located on private property);
b) permission from the Town if located on Town property;
c)
a description of the operation and hours of operation;
d) a sketch illustrating proposed layout location and dimensions;
e) photos and description of cart or vending unit;
f)
time period requested with start and end date.
25.
Before the issuance of a License, the application may be sent to the Public Health
inspector for consultation where applicable.
26.
A Mobile Vendor Licensee must adhere to the following conditions:
a) adhere to the hours of operation stipulated by the License Inspector;
b) maintain a clean work and storage area;
c) provide a garbage and recycle receptacles for the use of their customers;
d) not obstruct doorways, fire hydrants, driveways, loading zones, or emergency
access routes;
e) display their License during operation.
27.
Where a conflict arises with an existing business operation, the Town reserves the
right to relocate a Mobile Vendor.
ENFORCEMENT:
OFFENCE
28.
A person who contravenes this Bylaw is guilty of an Offence.
CONTINUING OFFENSE
29.
In the case of an Offence that is of a continuing nature, a contravention constitutes a
separate Offence in respect of each day, or part of a day, on which it continues and a
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person guilty of such an offense is liable to a fine in an amount not less than the
amount established by this Bylaw, for each day the contravention continues.
PROOF OF LICENSE
30.
The onus of proving that a person has a valid and subsisting License for a Business is
on the person alleging the License, and such person shall, upon request, forthwith
produce same to an Officer, or any person with whom he is doing business to which
the License relates.
PROSECUTION
31.
In a prosecution for a contravention of this Bylaw against engaging in or operating a
Business without a License, proof of one transaction in the Business or that the
Business has been advertised is sufficient to establish that a person is engaged in or
operates the Business.
FINES AND PENALTIES
32.
A person who contravenes or fails to comply with any provision of this Bylaw is guilty
of an Offence and liable upon summary conviction to a fine set out in Schedule B of
this Bylaw, and in default of payment of any fine, to imprisonment for up to 6 months.
33.
For any Offence for which there is a fine set out in Schedule A for a first Offence, the
fine for any subsequent Offence is double the amount of the first Offence.
34.
Where an Officer reasonably believes that a person has contravened any provision of
this Bylaw, the Officer may, in addition to any other remedy at law, issue and serve
upon the person a Municipal Tag or a Violation Ticket. The recording of the payment
of a fine made to the Town pursuant to a Municipal Tag or to the Provincial Court of
Alberta pursuant to a Violation Ticket shall constitute an acceptance of a guilty plea
and a conviction for the Offence.
MUNICIPAL TAG
35.
If a Municipal Tag is issued in respect of an Offence, the Municipal Tag must specify
the fine amount established by this Bylaw for the Offence.
PAYMENT IN LIEU OF PROSECUTION
36.
If a Municipal Tag is issued for an Offence to a person, that person may pay the fine
amount established by this Bylaw for the Offence to the Town and if the amount is
paid on or before the required date, the person will not be prosecuted for the Offence.
VIOLATION TICKET
37.
If a Violation Ticket is issued for an Offence, the Violation Ticket may:
a) specify the fine amount established by this Bylaw for the Offence; or
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b) require a person to appear in court without the option of making a voluntary
payment;
and where a Violation Ticket specifies a fine amount, a payment equal to the specified
amount may be made as directed on the Violation Ticket.
OBSTRUCTION
38.
No person shall obstruct or hinder any person in the exercise or performance of the
person's powers pursuant to this Bylaw.
POLICE REFERRAL:
39.
If the head of the RCMP Rocky Mountain House Detachment believes, on reasonable
grounds, that the issue or renewal of a License would endanger the safety, health, or
welfare of people or the protection of people or property, then he or she must notify
the License Inspector forthwith, in writing.
40.
If the License Inspector is notified of such concerns, then the License Inspector may
refuse to issue or renew the License.
OTHER PROVISIONS:
41.
The invalidity of any provision in this Bylaw shall not affect the validity of the
remainder.
42.
Business License Bylaw No. 14/16V is hereby repealed.
43.
Bylaw No. 15/06V Amendment Is hereby repealed.
44.
Bylaw No 17/07V Amendment Is hereby repealed.
READ a first time this 10 day of September, 2019.
READ a second time this 18 day of February, 2020.
READ a third time and final time this 18 day of February, 2020.
.
..
Tammy'-~urke, MAYOR
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Redacted under Section 17 of the FOIP Act.
Redacted under Section 17 of the FOIP Act.
SCHEDULE A - FINES AND PENALTIES
SPECIFIED
SECTION
OFFENCE
FINE
5
Enqaqinq in or operatinq a Business without a License
$400.00
Failure to provide valid Federal or Provincial Certificate,
9. a)
authority license or other document or qualification
$200.00
Failure to provide valid development approval under the
9.b)
Town's Land Use Bylaw
$200.00
Failure to advise the License Inspector of any changes
10
in the information submitted in the license application
$200.00
13
Providinq Conversion Therapy Services
$10 000.00
21
Breach of Busking License condition
$200.00
26
Breach of Mobile Vending condition
$200.00
30
Failure to provide proof of License
$400.00
38
Obstruct/hinder person in performance of powers
$200.00
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