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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated Version
of
the Business License Bylaw
(being Bylaw No. 43/2000 of the City of St. Albert, as amended by Bylaw No. 1/2002,
39/2002, 28/2003, 42/2006, 4/2007, 28/2008, 36/2009, 33/2010, 35/2011, 9/2012,
29/2012, 33/2013, 27/2014, 28/2015, 20/2016, 22/2017, 25/2017, 21/2018, 33/2018,
5/2019, 31/2019, 40/2020, 51/2021, 6/2022, 2/2023, and 22/2025 consolidated and
printed under the authority of the Chief Administrative Officer of the City of St. Albert)
This is certified to be a true copy of consolidated
Bylaw No. 43/2000 of the City of St. Albert.
Marta Caufield
Director of Legal, Legislative, Records
Services Chief Legislative Officer
BYLAW 43/2000(Page 2)
BUSINESS LICENSE BYLAW
NUMBER
1ST READING
2ND READING
3RD READING
PASSED
43/2000
December 18/2000
December 18/2000
December 18/2000
Amendment
#1
1/2002
February 19, 2002
July 2, 2002
July 2, 2002
2
39/2002
November 18/2002
November 18/2002
November 18/2002
3
28/2003
December 15/2003
December 15/2003
December 15/2003
4
42/2006
December 11/2006
December 11/2006
December 11/2006
5
4/2007
February 20/07
February 20/07
February 20/07
6
28/2008
November 17/08
November 17/08
November 17/08
7
36/2009
November 16/2009
November 16/2009
November 16/2009
8
33/2010
November 22/2010
November 22/2010
November 29/2010
9
35/2011
November 21/2011
November 21/2011
November 21/2011
10
9/2012
March 19, 2012
March 19, 2012
April 2, 2012
11
29/2012
November 26/2012
November 26/2012
November 26/2012
12
33/2013
September 23/13
September 23/13
September 23/13
13
27/2014
September 22/14
September 22/14
September 22/14
14
28/2015
September 21/15
September 21/15
September 21/15
15
20/2016
September 19/16
September 19/16
September 19/16
16
22/2017
March 20, 2017
June 26/17
June 26/17
17
25/2017
April 3/17
May 23/17
May 23/17
18
21/2018
April 16/18
April 16/18
April 16/18
19
33/2018
June 25/18
June 25/18
June 25/18
20
5/2019
January 21/19
January 21/19
January 21/19
21
31/2019
October 21/19
October 21/19
October 21/19
22
40/2020
November 16, 2020
November 16, 2020
November 16,2020
23
51/2021
August 30, 2021
September 13, 2021 September 13, 2021
24
6/2022
January 31, 2022
January 31, 2022
January 31, 2022
25
2/2023
February 21, 2023
February 21, 2023
February 21, 2023
26
22/2025
September 2, 2025
September 16, 2025 September 16, 2025
The text shown in parentheses in various locations throughout this document identifies the
corresponding amending bylaw which authorized the change. For example (BL 5/2019) refers to
Bylaw No. 5/2019.
CITY OF ST. ALBERT
BYLAW 43/2000
Being a bylaw relating to the licensing and regulation of businesses in
the City of St. Albert
Title
1.
This Bylaw may be cited as the "Business License Bylaw".
Definitions
2.
In this Bylaw:
(a)
"Business" includes any business, occupation, activity, amusement,
entertainment, trade employment, profession or calling and the
provision of a service of any kind that is conducted for the purpose
of earning income, whether or not it is conducted for the purpose of
earning a profit;
(b)
"Business License" means a license to operate a Business, as
issued in accordance with this Bylaw; (BL 25/2017)
(c)
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other substance
defined as cannabis in the Cannabis Act (Canada) and its
regulations; (BL 33/2018)
(d)
"Cannabis Accessory" means a thing, including rolling papers or
wraps, holders, pipes, water pipes, bongs, vaporizers, that is
represented to be used in the consumption of cannabis or a thing
that is represented to be used in the production of cannabis;
(BL 33/2018)
(d.1) "Chief Administrative Officer" or "CAO" means the individual
appointed by Council to the position of Chief Administrative Officer
under section 205 of the Municipal Government Act and pursuant to
the Chief Administrative Officer Bylaw; (BL 5/2019)
(e)
"City" means the City of St. Albert;
BYLAW 43/2000(Page 5)
(f)
"License Holder" means the Person to whom the applicable
Business License has been issued; (BL 25/2017)
(g)
"License Inspector" means the Person appointed under Section 3;
(h)
"Not For Profit Organization" means a non-profit organization as
defined in the Municipal Government Act, R.S.A. 2000, cM-26;
(BL 25/2017)
(i)
"Peace Officer means a peace officer as defined in the Provincial
Offenses Procedure Act, RS.A. 2000, c P-34; (BL 25/2017)
(j)
"Person" includes an individual, sole proprietorship, corporation,
partnership, joint venture, co-operative or society;
(j.1) "Private Educator" means a Person providing educational-
based services that meet the definition of "Business." (BL
2/2023)
(k)
"Public Nuisance" means any of the following:
(i)
the production of any generally offensive odours; or
(ii)
the generation of unreasonably loud, raucous or unusual
noise which annoys, disturbs, or detracts from the comfort,
repose or peace of any other person of ordinary sensitivity;
(BL 33/2018)
(l)
"Regulated Business" means a business that is identified in a
Schedule to this Bylaw, excluding Schedule "A", in relation to which
Council may adopt regulations in addition to those set out in the
body of this Bylaw;
(m)
"Restricted Product" means any of the following:
(i)
Cannabis, as defined in subsection (c); or
(ii)
Cannabis Accessory, as defined in subsection (d)
(BL 9/2012) (BL 21/2018) (BL 33/2018)
(n)
"Special Event" means a trade show, craft fair, farmers' market, or
any event permitted as such by the CAO; (BL 25/2017) (BL 5/2019)
(o)
"St. Albert" means the geographic area of the City;
(p)
"this Bylaw" includes any schedule to this Bylaw;
(q)
"Transfer" includes a sale or gift.
BYLAW 43/2000(Page 6)
The License Inspector
3.
(1)
The CAO must appoint a License Inspector. (BL 5/2019)
(2)
If the CAO does not appoint a License Inspector, the CAO is the
License Inspector. (BL 5/2019)
(3)
The License Inspector may delegate any duty or responsibility of
the License Inspector to an employee or agent of the City.
Powers and Responsibilities of the License Inspector
4.
The powers and responsibilities of the License Inspector are:
(a)
to receive and consider applications for Business Licenses,
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)
to issue Business Licenses, impose conditions on Business
Licenses and refuse to issue Business Licenses;
(c)
to revoke and suspend Business Licenses;
(d)
to keep a record of all Business Licenses issued and any
particulars of those licenses;
(e)
to maintain a register of Business Licenses 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)
to undertake any inspections of lands or buildings and make any
inquiries necessary to ensure compliance with this Bylaw;
(g)
to be responsible for the administration and enforcement of this
Bylaw, and
(h)
to exercise any other power, responsibility or discretion provided
under this Bylaw.
Directory
5.
(1)
The License Inspector may publish or authorize the publication of a
publicly available directory of Businesses in the City.
BYLAW 43/2000(Page 7)
(2)
Unless subsection (3) applies, the directory may contain any
information provided by an applicant or License Holder under this
Bylaw.
(3)
At the time information is provided under this Bylaw, an applicant or
License Holder may require that information not be included in a
directory that may be published under subsection (1).
(4)
When an applicant or License Holder provides information under
this Bylaw, the applicant or License Holder must be given an
opportunity to exercise the right under subsection (3).
(5)
The License Inspector may establish terms and conditions under
which a directory is published, or information included in it.
(6)
The License Inspector may also include information in the directory
in relation to a Person who is not required to hold a Business
License under this Bylaw:
(a)
on the request of that Person, and
(b)
on terms and conditions established by the License
Inspector, including payment of a fee for inclusion.
Requirement for a Business License
6.
(1)
A Person that carries on or operates a Business in St. Albert must
hold a valid Business License issued under this Bylaw.
(2)
Subsection (1) applies whether a Person carries on or operates a
Business as a principal or as an agent.
Exclusions from the Requirement for a Business License
7.
(1)
The following Persons may carry on or operate a Business in St.
Albert without a Business License:
(a)
the Crown in right of Alberta;
(b)
the Crown in right of Canada;
(c)
a Crown corporation;
(d)
the City,
BYLAW 43/2000(Page 10)
(e)
a Person whose Business is carried on as part of a Special
Event, (BL 25/2017)
(e.1) a Private Educator providing curriculum-based educational
services to publicly-funded school boards. (BL 2/2023)
(f)
a Person whose Business is expressly exempted from the
requirement of a Business License by a statute of the
Legislature of Alberta or Parliament of Canada.
(2)
If only part of a Business is covered by an exemption under
subsection (1), the Person who carries on or operates the Business
must comply with this Bylaw in respect of any part of the Business
that is not exempted.
Application for a Business License
8.
(1)
A Person must submit an application for a Business License to the
License Inspector.
(2)
The application must be in the form required by the License
Inspector and include the following:
(a)
the applicant's name;
(b)
the name of the Business and any trade names under which
the Business is to be conducted;
(c)
the phone number of the Business;
(d)
the operating address of the Business;
(e)
the mailing address of the Business;
(f)
the proper name of the owner of the Business, including the
corporate access number if any;
(g)
the address of the owner of the Business;
(h)
the phone number of the owner of the Business;
(i)
the name and phone number of an emergency contact for
the Business;
BYLAW 43/2000(Page 10)
(j)
a description of the nature of the Business that includes,
type of business, the number of employees and whether the
Business will use or store hazardous materials;
(k)
the signature of the applicant or the applicant's agent;
(l)
any other information that the License Inspector may
reasonably require for the purpose of the administration of
this Bylaw, and
(m)
the Business License fee specified under Schedule A,
unless that Business is exempt under Section 9.
(3)
In addition to the information required in subsection (2), an
applicant for a Business License for a Regulated Business must
also provide the information and documents required by the
Schedule applicable to that Business.
(4)
If there is any change to the information provided to the License
Inspector in the application for a Business License during the term
of a Business License, the License Holder must immediately advise
the License Inspector in writing of the change.
Exemption from Fees
9.
(1)
A Not For Profit Organization may apply to the License Inspector
for an exemption from the Business License fee required under
Schedule A.
(2)
An application under subsection (1) must be in the form required by
the License Inspector and must include:
(a)
the name of the Not For Profit Organization;
(b)
information regarding the corporate structure of the Not For
Profit organization, including a BN, registered charity
number, or other governmental authorization;
(c)
the nature of the Business engaged in by the Not For Profit
Organization;
(d)
a description of how the proceeds from the Business are or
will be used to advance the objectives of the Not For Profit
Corporation, and
(e)
a description of the Not For Profit Organization's activities in
St. Albert and elsewhere.
BYLAW 43/2000(Page 10)
(3)
After receipt of an application under subsection (2), the License
Inspector may waive the Business License fee in whole or in part if
the License Inspector considers that such a waiver is in the best
interests of the City and its inhabitants.
(4)
The License Inspector may establish policies that guide the
circumstances under which the License Inspector will waive a
Business License fee.
(5)
A waiver under subsection (3) does not relieve the Not For Profit
Organization from otherwise complying with the terms of this Bylaw.
(6)
A business is not required to pay a Business License fee in respect
of its operating premises within the 2022 North Annexation Area as
shown on the map attached as Schedule D to this bylaw. (BL
06/2022)
(7)
Subsection (6) is repealed and of no further force or effect at 11:59
P.M. on December 31, 2026. (BL 06/2022)
Considering the Application
10.
(1)
The License Inspector must consider each complete application.
(2)
Subject to subsection (3), the License Inspector must grant a
Business License to the applicant if the applicant meets the
requirements of this Bylaw.
(3)
The License Inspector may refuse to issue a Business License or
impose conditions on a Business License if the License Inspector:
(a)
has revoked or suspended a Business License 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 or operation of the Business.
(c)
has reasonable grounds for believing that issuing a Business
License with respect to the proposed Business is not in the
public interest. (BL 9/2012)
(4)
At any relevant time the License Inspector may impose, in addition
to the conditions referenced under subsection (3), conditions on a
BYLAW 43/2000(Page 11)
new or existing Business License in relation to the establishment or
operation of the applicable Business. (BL 9/2012)
(5)
The License Inspector must specify on the Business License:
(a)
the name of the License Holder and each name under which
the Business is to be conducted;
(b)
a description of the type of Business for which the license is
issued;
(c)
the Schedule, if any, applicable to a Regulated Business;
(BL 25/2017)
(d)
the location where the Business is to be conducted;
(e)
any conditions on the Business License, and
(f)
the expiry date of the Business License.
Business License Fee
11.
(1)
If the Business License fee for a Business License is not paid, the
Business License is not valid.
(2)
Once the License Inspector has issued a Business License, the
Business License fee is not refundable.
Effect of and Limitations on a Business License
12.
(1)
Subject to subsection (4), a Business License allows the License
Holder to operate or carry on the Business described in the
Business License and a Business License for a Regulated
Business allows the License Holder to operate or carry on the
Regulated Business described in the Business License provided
that the License Holder complies with the specific regulations
adopted by Council for that Regulated Business. (BL 1/2002)
(2)
A separate Business License is required for each location in the
City where that business is carried on. (BL 25/2017)
(3)
A Business License remains the property of the City.
(4)
A Business License does not relieve the License Holder from the
obligation to obtain any other permit, license or other approval that
BYLAW 43/2000(Page 12)
may be required under another bylaw of the City or any other
governmental authority.
(5)
If a License Holder Transfers a Business to another Person, the
License Holder or the new transferee may apply to the License
Inspector to Transfer the Business License to that Person.
(BL 25/2017)
(6)
An application under subsection (5) must:
(a)
be made within five business days of the Transfer of the
Business;
(b)
be in the form required by the License Inspector;
(c)
be signed by the License Holder, and the Person to whom
the Business is Transferred, and
(d)
include all or any of the information required under Section 8
that the License Inspector requires.
(7)
If an application for a Transfer is not made within the time specified
under subsection (6)(a), the Business License is revoked on the 6th
business day following the Transfer of the Business.
Term of Business License
13.
A Business License issued under this Bylaw expires on December 31 of
the year for which it was issued, unless it is revoked earlier under Section
12 of this Bylaw.
Obligations of Business License Holder
14.
(1)
DELETED (BL 2/2023)
(2)
A License Holder must:
(a)
post the Business License in a conspicuous place in the
premises where the Business under the license is carried on
or operated, and
(b)
produce the Business License to the License Inspector or
Peace Officer if requested to do so.
(3)
A License Holder must give access to the premises specified in the
Business License to the License Inspector or a Peace Officer.
(BL 9/2012)
BYLAW 43/2000(Page 13)
Cancellation of Business License by a License Holder
15.
(1)
A License Holder may cancel a Business License by providing a
written notice to the License Inspector.
(2)
If a license is cancelled under subsection (1), the Business License
fee is not refundable.
Revocation or Suspension of Business License by License Inspector
16.
(1)
If the Business carried on or operated under a Business License
does not comply with:
(a)
this Bylaw;
(b)
any condition imposed on the license, or
(c)
any other bylaw or enactment of Alberta or Canada
applicable to the business or the premises where the
Business is located,
the License Inspector may revoke the Business License or suspend the
Business License for a period that the License Inspector considers
appropriate.
(2)
If an applicant for a Business License provides inaccurate or
misleading information in an application for a Business License, the
License Inspector may revoke the Business License or suspend the
Business License for a period that the License Inspector considers
appropriate.
(2.1)
The License Inspector, upon the reasonable belief that it is within
the public interest to do so, may revoke the Business License or
suspend the Business License for a period that the License
Inspector considers appropriate. (BL 9/2012)
(3)
The License Inspector 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.
(4)
The revocation or suspension of a Business License under
subsection (1) is effective:
(a)
24 hours after delivery if the written notice is delivered
personally to the License Holder or the registered office of a
corporate License Holder;
BYLAW 43/2000(Page 14)
(b)
72 hours after posting if the written notice is posted in a
conspicuous place at the premises specified in the license
where the Business is to be conducted or operated, or
(c)
seven days after mailing if the written notice
is mailed by ordinary mail to the mailing address
provided in the application for a Business License or
the address subsequently provided in writing under
Section 8(4), whichever is earliest.
(5)
In the notice suspending or revoking a license, the License
Inspector may increase the time before which a revocation or
suspension is effective from that established under subsection (4).
(6)
If the License Inspector increases the amount of time under
subsection (5), the License Inspector may impose conditions on the
Business License that the License Inspector considers reasonable
to ensure the protection of the public and the integrity of the
administration of this Bylaw.
(7)
A License Holder must cease carrying on or operating a Business
immediately once a suspension or revocation is effective.
(8)
The License Inspector may act under subsection (1) in addition to
or instead of prosecuting an offence under this Bylaw or the
Provincial Offenses Procedure Act, or both.
Appeals
17.
(1)
If the License Inspector:
(a)
refuses to issue a Business License;
(b)
revokes or suspends a Business License;
(c)
identifies a Business subject to a Schedule;
(d)
imposes a condition on a Business License, or
(e)
refuses to waive a fee for a Not For Profit Organization,
the applicant or License Holder may appeal the decision to the
Appeal Committee.
(2)
An appeal must be:
(a)
in writing, setting out the reasons for the appeal;
BYLAW 43/2000(Page 15)
(b)
accompanied by the appeal fee required by Schedule A, and
(c)
delivered to the office of the CAO within seven days of the
date that the License Holder is first notified of the decision of
the License Inspector under Section 16(4). (BL 5/2019)
(3)
On the filing of an appeal in accordance with subsection (2), a
decision to revoke or suspend a Business License is stayed for 30
business days or until the date the appeal hearing is scheduled,
whichever occurs first.
(4)
As soon as reasonably possible after the filing of an appeal in
accordance with subsection (2), the CAO must appoint an Appeal
Committee for the purpose of hearing the appeal unless the CAO is
the License Inspector under Section 3. (BL 5/2019)
(5)
If the CAO is the License Inspector under Section 3, the Council
must appoint an Appeal Committee. (BL 5/2019)
(6)
An Appeal Committee must comprise three residents of St. Albert,
but must not include the CAO, License Inspector or an employee of
the City who works under the direction of the License Inspector.
(BL 5/2019)
(7)
The Appeal Committee must schedule the hearing of the appeal
within 30 days of the filing of the notice of appeal.
(8)
Subject to the requirements of this Bylaw, the Appeal Committee
may establish the procedure for the hearing of the appeal, grant
adjournments and stay a decision to revoke or suspend a Business
License subject to conditions.
(9)
The Appeal Committee must issue its decision with reasons, in
writing, within seven business days of the conclusion of the
hearing.
(10)
The Appeal Committee may:
(a)
uphold the decision of the License Inspector;
(b)
vary the decision of the License Inspector or substitute its
own decision, or
(c)
overturn the decision of the License Inspector.
(11)
The decision of the Appeal Committee is final.
BYLAW 43/2000(Page 16)
Inspection of Lands and Buildings
18.
If there are reasonable grounds for believing that a Person is carrying on
or operating a Business without a Business License, the License Inspector
or peace officer may inspect lands or a building to determine whether a
Person is carrying on or operating a Business without a Business License.
Business License is not a Representation of Compliance with other
Bylaws
19.
A Business License issued under this Bylaw is not a representation to the
License Holder that the Business complies with the requirements of any
other bylaw or enactment, and the License Holder is responsible to ensure
that the License Holder complies with all applicable bylaws and
enactments.
Offence
20.
(1)
A Person is guilty of an offence if that Person:
(a)
carries on or operates a Business in St. Albert without a
Business License as required under this Bylaw, unless an
exclusion under Section 7 applies;
(b)
carries on or operates a Business in St. Albert in breach of a
condition imposed on a Business License; or
(c)
is in breach of any provision of this Bylaw.
(2)
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.
(3)
If a partner in a partnership is guilty of an offence under this Bylaw,
each partner in that partnership 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.
(4)
In the case of an offence that is of a continuing nature, a
contravention of a provision of this Bylaw constitutes a separate
offence with respect to each day, or part of a day, during which the
contravention continues, and a Person guilty of such an offence is
liable to a fine in an amount not less than that established by this
BYLAW 43/2000(Page 17)
Bylaw for each such separate offence.
(BL 9/2012)
Fines and Penalties
21.
A Person who is guilty of an offence under this Bylaw is liable
(a)
to a fine in the amount of $1500.00; or
(b)
on summary conviction, to a fine not exceeding $10,000.00 or to an
order of imprisonment for not more than 1 year, or both.
(BL 9/2012)
Municipal Violation Tag
22.
(1)
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.
(2)
Where a Municipal Violation Tag is issued, the fine amount
indicated thereon may be paid as directed in lieu of prosecution.
(BL 9/2012)
Violation Ticket
23.
(1)
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.
(2) Where a Violation Ticket specifies a fine amount, a voluntary
payment equal to the specified fine amount may be made as
directed.
(BL 9/2012)
24.
DELETED (BL 25/2017)
25.
DELETED (BL 25/2017)
26.
DELETED (BL 25/2017)
27.
DELETED (BL 25/2017)
BYLAW 43/2000(Page 21)
SCHEDULE "A"
TO BUSINESS LICENSE BYLAW 43/2000
Effective January 1, 2026 GST EXEMPT
1. The fees for licenses are:
Business
2026
Column 1
Column 2
Column 3
Business License to
which neither Column 2
nor
Column 3 apply
Business License issued
on or after May 1 for
business that was not
carried on or operated
before May 1
Business License
issued on or after
September 1 for
business that was
not carried on or
operated before
S
b
1
In Town Business
150.00
112.50
75.00
In Town Business Payments made after
January 31 for businesses in operation prior
to January 1.
225.00
Out of Town Business
683.00
512.25
341.50
Cannabis Retail Store
865.00
648.75
432.50
Cannabis Retail Store payments made after
January 31 for businesses in operation prior
to January 1.
890.00
2. The appeal fee is $30 for each decision
appealed
30.00
30.00
30.00
(BL 39/2002, BL 28/2003, BL 42/2006, BL 4/2007, BL 28/2008, BL 36/2009, BL 33/2010, BL 35/2011, BL 29/2012, BL 33/2013, BL
27/2014, BL 28/2015, BL 31/2019, BL 40/2020, BL 51/2021, BL 22/2025)
3. For the purpose of this schedule:
(a) "In Town Business" means a Person who
(i) resides in St. Albert and carries on or operates a Business in St. Albert, or
(ii) carries on or operates a Business from premises in St. Albert which the Person owns or rents.
(b) "Out of Town Business" means any Person, other than an In Town Business, who carries on or operates a
Business in St. Albert. (BL 25/2017)
(c) "Cannabis Retail Store" means any Person who carries on or operates a Business from premises in St. Albert
that displays or offers for sale Cannabis. (BL 33/2018)
(d) "Premises" means land, buildings or both.
BYLAW 43/2000(Page 22)
Schedule "B"
Pawn Shops
1.
In this Schedule:
(a)
"Pawn" means to give as a deposit anything in pledge or as
security for the payment of a loan or debt;
(b)
"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;
(c)
"Pawned Goods" means anything that is pawned but does not
include real property;
(d)
"Pawn Shop" means a place of Business, which is not a residence,
where a Person may pawn goods.
2.
A Person must not act as a Pawnbroker unless that Person holds a
Business License that specifically refers to this Schedule.
3.
A Pawnbroker must record the following information in relation to each
transaction where the Pawnbroker receives pawned goods:
(a)
the date and time at which the Pawned Goods were received;
(b)
a full description of the Person Pawning the Goods including the
Persons:
(i)
full name,
(ii)
date of birth,
(iii)
residential address and telephone number, and
(iv)
physical description which shall include the following
specifics: eye colour, hair colour, height, weight, build and
complexion;
(c)
the numbers from two forms of identification that confirm the name
and address given in subsection (b);
BYLAW 43/2000(Page 23)
(d)
a complete and accurate description of the Pawned Goods,
including if available:
(i)
the make and model,
(ii)
the manufacturer's name,
(iii)
any serial number, and
(iv)
other distinguishing marks;
(e)
the amount of money advanced for the Pawned Goods;
(f)
the rate of interest which is to be charged on the loan which is
made; and
(g)
the name of the Pawnbroker who conducted the transaction.
4.
For the purpose of Section 3(c), the following kinds of identification are
acceptable:
(a)
operator's license;
(b)
birth certificate;
(c)
credit card number; or
(d)
any other form of identification usually accepted by a chartered
bank for the purpose of identifying a Person cashing a cheque.
5.
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.
6.
Immediately upon request, a Pawnbroker must make available to a
License Inspector or peace officer an accurate copy of the information
kept under Section 3.
7.
If Pawned Goods are redeemed, the Pawnbroker who conducts the
transaction must record:
(a)
the Pawnbroker's own name and the date the Pawned Goods were
redeemed;
(b)
the same information required under Section 3 relative to the
Person who has redeemed the Pawned Goods; and
BYLAW 43/2000(Page 24)
(c)
ensure the information recorded in subsections (a) and (b) is kept in
accordance with Section 13.
8.
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.
9.
Notwithstanding Section 8, 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.
10.
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; or
(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 Royal Canadian
Mounted Police (St. Albert Detachment).
11.
A Pawnbroker must not:
(a)
erase or alter any information recorded under Section 3 or Section
7; or
(b)
direct or allow any Person to erase or alter any information
recorded under Section 3 or Section 7.
BYLAW 43/2000(Page 25)
12.
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.
13.
The information required to be kept in Section 3 and Section 7 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.
14.
All references to Sections are references to Sections within this Schedule
"B".
(BL 1/2002)
BYLAW 43/2000(Page 26)
Schedule "C"
Vehicles for Hire
1.
In this Schedule:
(a) "Limousine" means a luxury Vehicle for Hire that provides pre-arranged
transportation services.
(b) "Mechanical Inspection Report" means a mechanical inspection of a
vehicle, performed at an Alberta Motor Vehicle Industry Council
Licensed Business by an Automotive Service Technician that is
certified to work as such in Alberta, reported at minimum in an
approved form pursuant to section 803 of the Alberta Insurance Act.
(c) "Senior Transportation Services" means private transportation services
provided specifically for older citizens.
(d) "Taxi" means a Vehicle for Hire that provides transportation services to
passengers as requested by the passenger.
(e) "Traditional Vehicle for Hire Business" means any Business that
provides traditional Vehicle for Hire services within the City, and
includes but is not limited to:
(i) luxury or Limousine service companies;
(ii) Taxi dispatch companies;
(iii) sole proprietorships offering Vehicle for Hire services;
(iv) Senior Transportation Services.
(f) "Transportation Network Company" means any Business that connects
passengers with Vehicle for Hire Operators for pre-arranged
transportation exclusively through the offering, use or operation of an
online enabled application, a digital platform, software, or a website,
and is approved as such by the Province of Alberta.
(g) "Third-Party Documents" means such documents and information,
created or issued by a third party, to be provided to the License
Inspector by an applicant in accordance with this Schedule.
(h) "Vehicle for Hire"
(i) means, with the exception of public transit vehicles defined by
and operating in compliance with Transit Bylaw 34/87 or in
conjunction with a "handi-bus" program, a motor vehicle used or
BYLAW 43/2000(Page 27)
offered with intended commercial purposes for the
transportation of at least one passenger from any place within
St. Albert to a destination either within or outside St. Albert, and
includes but is not limited to:
I. a vehicle used in the operation of a Traditional
Vehicle for Hire Business;
II. a vehicle used in the operation of a Transportation
Network Company.
(ii) Without limiting the generality of subsection (i), if the
transportation of a passenger is provided as part of a package
of additional goods or services for which there is a fee, then the
transportation of the passenger is considered to be for intended
commercial purposes unless the transportation is shown, on a
balance of probabilities, to be merely ancillary to the goods or
services.
(i) "Vehicle for Hire Operator" means any Person who operates a Vehicle
for Hire, whether as a proprietor, employee or contractor of a
Traditional Vehicle for Hire Business or Transportation Network
Company.
(j) "Vulnerable Sector Check" means the process that verifies whether an
individual has a criminal record, as well as any record suspensions
(formerly pardons) for sexual offences and local police records
information relevant to the check.
.
2.
(a)
A Business must not operate as a Traditional Vehicle for Hire
Business or a Transportation Network Company in the City unless
that Business holds a Business License that specifically refers to
this Schedule C.
(c)
A Person shall not operate a Vehicle for Hire in the
absence of a Business License that authorizes the
Person to do so.
Transportation Network Company Requirements
3.
A Transportation Network Company is required to submit the following
documents prior to being issued a Business License or Business License
renewal under this schedule:
(a) a valid Transportation Network Company Certificate of Approval that
has been issued to the Business by the Province of Alberta's Registrar
of Motor Vehicle Services.
BYLAW 43/2000(Page 28)
(b) an agreement that, immediately upon the request of the License
Inspector or a Peace Officer, the Transportation Network Company will
provide the City a record of:
(i) valid operators' licenses;
(ii) police information checks; and
(iii) insurance coverage,
for each Vehicle for Hire and Vehicle for Hire Operator employed or
contracted by the Transportation Network Company.
4.
If, upon review of the information provided by the Transportation Network
Company under Subsections 3(b)(i), (ii) and (iii), the License Inspector
believes that the continued operation of the Transportation Network
Company would pose a risk to the safety of the public, the License
Inspector may suspend or revoke a Business License for a Transportation
Network Company.
Traditional Vehicle for Hire Business Requirements
5.
A Traditional Vehicle for Hire Business must provide the following
documents to the License Inspector prior to being issued a Business
License or a Business License renewal under this schedule:
(a) a valid class 1, 2 or 4 operators license in accordance with the Alberta
Traffic Safety Act for each Vehicle for Hire Operator employed and/or
contracted by the Traditional Vehicle for Hire Business;
(b) a clear Vulnerable Sector Check or a criminal record verification
showing no convictions in accordance with Section 7, dated within 90
days prior to submission for each Vehicle for Hire Operator employed
and/or contracted by the Traditional Vehicle for Hire Business;
(c) a valid commercial insurance policy for the Traditional Vehicle for Hire
Business, or for each Vehicle for Hire Operator employed and/or
contracted by the Traditional Vehicle for Hire Business, that meets the
Province of Alberta's requirements for passenger transportation
services;
(d) a valid class vehicle registration certificate in accordance with the
Alberta Traffic Safety Act for each Vehicle for Hire that will be used in
the operation of the Traditional Vehicle for Hire Business; and a
deemed roadworthy Mechanical Inspection Report dated within 90
days prior to submission for each Vehicle for Hire that will be used in
the operation of the Traditional Vehicle for Hire Business.
BYLAW 43/2000(Page 29)
6.
A Business License under this schedule will not be issued to or renewed
for any Traditional Vehicle for Hire Business that employs and/or contracts
a Vehicle for Hire Operator that the License Inspector deems will pose a
risk to the safety of the public.
7.
A Business License under this schedule will not be issued to or renewed
for any Traditional Vehicle for Hire Business that employs and/or contracts
a Vehicle for Hire Operator who, during the last 10 years, was convicted of
an offence under the Criminal Code of Canada and/or Controlled Drugs &
Substances Act that falls under the following criteria:
(a) any offence of a violent nature, including firearms and weapons
offences;
(b) any offence involving sexual assault, sexual exploitation, sexual
interference, procuring or invitation to sexual touching;
(c) trafficking;
(d) any offence involving fraud or fraudulent transactions, conspiracy to
defraud, the use of false pretenses, bribery, extortion or theft; or
(e) any offence relating to the unlawful operation of a motor vehicle.
8.
A Business License under this schedule will not be issued to or renewed
for any Traditional Vehicle for Hire Business that uses a Vehicle for Hire in
its operations that, due to the Mechanical Inspection Report, the License
Inspector deems will pose a risk to the safety of the public.
9.
A Traditional Vehicle for Hire Business with a Business License under this
schedule must keep and maintain an accurate and current record of all the
required documents in Section 5.
10.
Immediately upon request, a Traditional Vehicle for Hire Business must
make available to the License Inspector or Peace Officer an accurate copy
of the information kept under Section 9.
11.
The License Inspector may suspend or revoke a Business License if the
information provided by the Traditional Vehicle for Hire Business does not
meet the requirements of Sections 5, 6, 7 and 8.
12.
A Traditional Vehicle for Hire Business licensed under this schedule must
not alter, or permit or cause the alteration of, any Third-Party Documents.
BYLAW 43/2000(Page 30)
13.
Third-Party Documents must be kept:
(a)
in electronic form with automated reporting capabilities;
(b)
in English, and/or
(c)
in any form deemed to be acceptable by the License Inspector.
14.
Immediately upon request, a Vehicle for Hire Operator licensed under a
Traditional Vehicle for Hire Business must make available to the License
Inspector or Peace Officer an accurate copy of the following documents:
(a) a valid class 1, 2 or 4 operators license in accordance with the Alberta
Traffic Safety Act;
(b) a clear Vulnerable Sector Check or a criminal record verification
showing no convictions in accordance with Section 7, dated within one
year prior to the date of request;
(c) a valid commercial insurance policy that meets the Province of
Alberta's requirements for passenger transportation services;
(d) a valid class vehicle registration certificate in accordance with the
Alberta Traffic Safety Act;
(k) a deemed roadworthy Mechanical Inspection Report dated within 1
year prior to the date of request.
15.
Pursuant to Section 14, if a Vehicle for Hire Operator licensed under a
Traditional Vehicle for Hire Business is unable to produce any of the
required documents, the Vehicle for Hire Operator will be liable to a fine in
the amount of $250.00.
16.
A Vehicle for Hire Operator licensed under a Traditional Vehicle for Hire
Business must not alter, or permit or cause the alteration of, any Third-
Party Documents.
17.
All references to Sections are references to Sections within this Schedule
"C".
(BL 22/2017)
SCHEDULE "D"
TO BUSINESS LICENSE BYLAW 43/2000
(BL 06/2022)