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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated Version
of
the Tobacco Retail Licensing Bylaw
(being Bylaw No. 15/2017 of the City of St. Albert, as amended by Bylaw No.
34/2018, 5/2019, and 51/2021 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. 15/2017 of the City of St. Albert.
_______________________________________
David S. Leflar
Director of Legal and Legislative Services
Chief Legislative Officer
BYLAW 15/2017(Page 2)
Tobacco Retail Licensing Bylaw
NUMBER
1ST READING
2ND READING
3RD READING
PASSED
20/96
July 15/96
December 2/96
December 2/96
AMENDMENT
#1
36/2001
September 17/01
September 17/01
September 17/01
#2
40/2002
November 18/02
November 18/02
November 18/02
3
10/2009
March 16/09
March 16/09
March 16/09
4
37/2009
November 16/09
November 16/09
November 16/09
5
39/2010
November 29/10
November 29/10
November 29/10
6
40/2011
November 28/11
November 28/11
November 28/11
7
10/2012
March 19
March 19
April 2
8
29/2012
November 26/2012
November 26/2012
November 26/2012
9
20/2016
September 19, 2016 September 19, 2016 September 19, 2016
REPEALED
20/96
15/2017
July 10, 2017
July 10, 2017
July 10, 2017
AMENDMENT
#1
34/2018
June 25,2018
June 25, 2018
June 25, 2018
2
5/2019
January 21, 2019
January 21, 2019
January 21, 2019
3
51/2021
August 30, 2021
September 13, 2021 September 13, 2021
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 15/2017
Being a bylaw to provide for the licensing of tobacco retail operations
The Council of the City of St. Albert, duly assembled, enacts the following:
Title
1.
This Bylaw may be referred to as the "Tobacco Retail Licensing Bylaw".
Definitions
2.
In this Bylaw:
(a.0) "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)
(a)
"City" means the municipal corporation of the City of St. Albert or,
where the context so requires, the area contained within the
boundaries of the City;
(b)
DELETED (BL 5/2019)
(c)
"Designated Manager" means the individual designated by a
Licensee as the Person responsible for compliance with this Bylaw;
(d)
"Designated Premises" means the premises described in a Tobacco
Retail License;
(e)
"Inspector" means the individual appointed pursuant to sections 22
and 23 of this Bylaw;
(f)
"Licensee" means the Person to whom the applicable Tobacco Retail
License has been issued;
(g)
"Peace Officer" means a peace officer as defined in the Provincial
Offences Procedure Act, RSA 2000 cP-34 and any amending or
succeeding legislation;
BYLAW 15/2017(Page 4)
(h)
"Person" includes any adult individual, sole proprietorship,
corporation, association, partnership, joint venture, co-operative or
society;
(i)
"Tobacco Product" means:
(i)
tobacco in any form including, but not limited to, cigarettes,
pipe tobacco, loose tobacco, plugs of tobacco, chewing
tobacco and snuff;
(BL 34/2018)
(j)
"Tobacco Retail License" means a license to sell Tobacco Products,
as issued in accordance with this Bylaw.
Requirement for a Tobacco Retail License
3.
No Person shall:
(a)
keep for sale;
(b)
offer or expose for sale; or
(c)
sell,
any Tobacco Product unless that Person is a Licensee or the employee of a
Licensee working under the direct supervision of the Licensee or
Designated Manager, or is the Designated Manager.
4.
No Person shall:
(a)
keep for sale;
(b)
offer or expose for sale; or
(c)
sell,
any Tobacco Product except in accordance with this Bylaw.
5.
No Tobacco Product shall be:
(a)
kept for sale;
(b)
offered or exposed for sale; or
(c)
sold,
except at a Designated Premises.
BYLAW 15/2017(Page 5)
6.
The Licensee and Designated Manager shall be jointly responsible for
ensuring that employees of the Licensee who are involved in the storage,
offering or exposing for sale or sale of Tobacco Products comply with this
Bylaw and any conditions applicable to the Tobacco Retail License.
Tobacco Retail License
7.
A Tobacco Retail License shall:
(a)
be issued in the name of the Licensee;
(b)
apply to a Designated Premises; and
(c)
shall state the name of the Designated Manager.
8.
A Tobacco Retail License issued under this Bylaw expires on December 31
of the year in which it was issued, unless it is
(a)
cancelled earlier under Section 13; or
(b)
suspended or revoked under Section 25.
9.
An Inspector may renew a Tobacco Retail License for a subsequent period
of one year on application to the Inspector.
10.
A Licensee may apply to an Inspector to transfer a Tobacco Retail License
to another Person.
11.
An application under section 10 must:
(a)
be made within five days of the new Licensee assuming conduct or
ownership of the Designated Premises;
(b)
be in the form required by the Inspector;
(c)
be signed by the previous Licensee, and the Person to whom the
existing Tobacco Retail License is being transferred; and
(d)
include all or any of the information required under section 17.
12.
If an application for a transfer is not made within the time specified under
section 11(a), the Tobacco Retail License is revoked on the 6th business
day following the new Licensee's assumption of conduct or ownership of
the Designated Premises.
13.
A Tobacco Retail License is automatically cancelled if:
BYLAW 15/2017(Page 6)
(a)
the Licensee ceases to exercise direction and control over the
storage and sale of Tobacco Products at the Designated Premises;
or
(b)
the Licensee fails to inform the Inspector of a change in Designated
Managers within 30 days of such a change taking effect.
14.
The Tobacco Retail License shall be posted at all times on the Designated
Premises in a location that is clearly and readily visible to the public and
shall be produced for inspection purposes at the request of the Inspector or
a Peace Officer.
15.
The Licensee shall post signs at all cash registers indicating that customers
purchasing Tobacco Products may be required to produce verification of the
customers' age, which includes photographic identification.
Application for Tobacco Retail License
16.
The applicant for a Tobacco Retail License shall:
(a)
be a Person; and
(b)
exercise direction and control over the storage and sale of Tobacco
Products at the Designated Premises,
and upon approval of the application, shall be the Licensee.
17.
An application for a Tobacco Retail License or renewal of a Tobacco Retail
License shall be made by the Licensee to an Inspector and shall be in
writing and in the form required by the CAO setting out: (BL 5/2019)
(a)
the name of the proposed Licensee;
(b)
the municipal address of the proposed Designated Premises;
(c)
the name and address of the Designated Manager; and
(d)
any other information that an Inspector may require to be satisfied
under the terms of this Bylaw that a Tobacco Retail License should
be issued to the proposed Licensee for the proposed Designated
Premises.
18.
An applicant for a Tobacco Retail License or for the renewal of a Tobacco
Retail License must pay the applicable license fee listed in Schedule "A".
19.
An Inspector shall not consider an application for a Tobacco Retail License
or renewal of a Tobacco Retail License unless the license fee set out in
Schedule "A" has been paid.
BYLAW 15/2017(Page 7)
20.
Upon review of an application for a Tobacco Retail License or renewal of a
Tobacco Retail License, an Inspector may:
(a)
approve the application and issue or renew a Tobacco Retail
License;
(b)
approve the application in part and issue or renew a Tobacco Retail
License subject to conditions;
(c)
refuse the application for a Tobacco Retail License or for the renewal
of a Tobacco Retail License if, in the opinion of the Inspector, there
are just and reasonable grounds for the refusal, including:
(i)
previous breaches of this Bylaw by the proposed Licensee or
proposed Designated Manager, or in the case of a renewal by
the Licensee or Designated Manager;
(ii)
previous breaches of this Bylaw at the proposed Designated
Premises by any Person;
(iii)
previous breaches of the Tobacco Act, SC 1997 c13 and any
amending or succeeding legislation, or any enactments or
municipal bylaws relating to the sale of Tobacco Product; or
(iv)
a current suspension or revocation of a Tobacco Retail
License.
Before an application for a Tobacco Retail License or the renewal of a
Tobacco Retail License is refused pursuant to section 20(c)(ii), an Inspector
shall take into consideration any changes in the ownership and/or lessee of
the Designated Premises.
21.
In the event that there has been a previous breach of this Bylaw on the
Designated Premises or by the proposed Licensee or proposed Designated
Manager, or in the case of a renewal, by the Licensee or Designated
Manager, an Inspector may impose conditions on a Tobacco Retail License
relating to the following matters:
(a)
secure storage of Tobacco Products;
(b)
the hours during which Tobacco Products may be sold;
(c)
location of displays of Tobacco Products on the Designated
Premises; and
(d)
requirement that all customers purchasing Tobacco Products be
required to provide verification of their age, which includes
photographic identification.
BYLAW 15/2017(Page 8)
Appointment of Inspectors
22.
The City's License Inspector is hereby appointed as an Inspector.
23.
The CAO may appoint one or more Inspectors, in addition to the City's
License Inspector, each of whom may exercise the duties and
responsibilities of an Inspector. (BL 5/2019)
Duties and Responsibilities of an Inspector
24.
An Inspector shall:
(a)
review applications for a Tobacco Retail License, the renewal of a
Tobacco Retail License, or for the transfer of a Tobacco Retail
License;
(b)
approve or refuse to approve an application for a Tobacco Retail
License, a renewal of a Tobacco Retail License, or a transfer of a
Tobacco Retail License;
(c)
establish and maintain a record of all applications for a Tobacco
Retail License and a record of each Tobacco Retail License that is
issued; and
(d)
conduct inspections and investigations of the Designated Premises
as and when the Inspector, in the Inspector's sole discretion,
determines necessary.
Suspension and Revocation of Tobacco Retail License
25.
An Inspector may suspend or revoke a Tobacco Retail License if:
(a)
there has been a breach of a condition of the Tobacco Retail
License;
(b)
the Licensee or Designated Manager has been convicted of a breach
of this Bylaw, the Tobacco Act, or any other enactment relating to the
sale of Tobacco Products; or
(c)
a breach of this Bylaw, the Tobacco Act, or any other enactment
relating to the sale of Tobacco Products has occurred on the
Designated Premises.
26.
Failure to provide true, accurate, and precise information on the Tobacco
Retail License application form or to the Inspector is an offence under this
Bylaw and shall be grounds for immediate cancellation of the Tobacco
Retail License, if issued, and the forfeiture of any license fee paid for the
Tobacco Retail License.
BYLAW 15/2017(Page 9)
Appeals
27.
In those cases where the Inspector has:
(a)
refused to issue a Tobacco Retail License to an applicant;
(b)
imposed conditions on the issuance of a Tobacco Retail License;
(c)
suspended or revoked a Tobacco Retail License;
(d)
refused to renew a Tobacco Retail License; or
(e)
refused to transfer a Tobacco Retail License,
the applicant for the Tobacco Retail License or the Licensee may appeal
the decision of the Inspector to the appeal committee.
28.
An appeal made under this Bylaw must be:
(a)
in writing, setting out the reasons for the appeal;
(b)
accompanied by the appeal fee set out in Schedule "A"; and
(c)
delivered to the office of the CAO within seven days of the applicant
or Licensee being notified of the decision of the Inspector.
(BL 5/2019)
29.
On the filing of an appeal under this Bylaw, a suspension or revocation of a
Tobacco Retail License is stayed until the date on which the hearing of the
appeal committee is scheduled, or 30 days, whichever occurs first.
30.
On the filing of an appeal under this Bylaw, the CAO shall appoint an
appeal committee for the purposes of hearing the appeal. (BL 5/2019)
31.
An appeal committee shall comprise three members who are residents of
the City, but shall not include an Inspector.
32.
The appeal committee shall schedule the hearing of the appeal within 30
days of the filing of the notice of the appeal.
33.
The appeal committee may adjourn the hearing from time to time, and in
the event a hearing is adjourned, shall determine whether or not there is to
be a further stay of the revocation or suspension during the adjournment.
34.
The Appeal Committee shall issue their decision in writing within seven
days of the conclusion of the hearing, together with reasons.
Penalties
BYLAW 15/2017(Page 10)
35.
A Person who contravenes this Bylaw is guilty of an offence and on
conviction is liable to a fine:
(a)
for a first breach, of $300;
(b)
for a second breach, of $600; and
(c)
for a third and any subsequent breach, of $1200.
36.
A fine may be imposed notwithstanding that a suspension or revocation of
the Tobacco Retail License has occurred in relation to the same event.
BYLAW 15/2017(Page 11)
SCHEDULE "A"
TO TOBACCO RETAIL LICENSE BYLAW 15/2017
Effective January 1, 2022
GST EXEMPT
License fees for the year 2022
Column 1
Column 2
Column 3
Tobacco Retail
License issued
before May 1
Tobacco Retail
License issued on
or after May 1 but
before September
1
Tobacco Retail
License issued on
or after
September 1
License Fee
721.00
540.75
360.50
Appeal Fee
55.00
55.00
55.00
(BL 51/2021)