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BYLAW 22-2014
A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA, TO
ESTABLISH LICENSING AND REGULATION OF CONCERTS AND SPECIAL
EVENTS
WHEREAS the Municipal Government Act, R.S.A 2000, c. M-26, as amended provides
that a Council of a municipality may pass bylaws respecting the safety, health and
welfare of people and the protection of people and property;
AND WHEREAS the Council of Strathcona County deems it advisable and in the public
interest to regulate concerts and other special events within the boundaries of
Strathcona County;
NOW THEREFORE the Council of Strathcona County in the Province of Alberta, duly
assembled, hereby enacts as follows:
TITLE
1.1
This Bylaw may be cited as the "Concert and Special Events Bylaw."
DEFINITIONS
2.1
In this Bylaw,
(a)
"Chief Commissioner'' means the Chief Administrative Officer of
Strathcona County or their delegate;
(b)
"Concert or Special Event" means any public or private event,
gathering, celebration, festival, competition, contest, exposition or
similar type of activity, held indoors, outdoors or a combination of
both, which has an expected attendance of more than 300 people,
including promoters, staff personnel and entertainers, and includes
but is not limited to the following events:
i. Music festivals or concerts, including live and/or pre-recorded
music with professional and/or amateur performers;
ii. Dances and dance parties, including live and/or pre-recorded
music with professional and/or amateur performers;
iii. Rodeos;
iv. Circuses;
v. Trade shows;
vi. Expositions;
vii. Exhibitions;
viii. Athletic or sports events, meets, shows, contests, trials and
other competitive events.
Document: 6024441
BYLAW 22-2014
Page 2
Does not include:
i. Any event on lands owned or controlled by Strathcona County
that is either hosted by Strathcona County or has been
authorized by Strathcona County pursuant to the terms of a
lease, license or facility rental agreement;
ii. Any event on lands owned or controlled by a local school board;
iii. Any event for which a development permit has been issued under
Strathcona County's Land Use Bylaw, as amended, to allow for
incidental gatherings or events as contemplated in the permit.
(c)
Council" means the Council of Strathcona County;
(d)
"Licence" means a licence issued by the Chief Commissioner
authorizing a Concert or Special Event to take place within the
Municipality;
(e)
"Licensee" means a person named on a Licence issued pursuant to this
Bylaw;
(f)
"Municipality" means Strathcona County;
(g)
"Peace Officer" means any Community Peace Officer or Bylaw
Enforcement Officer employed by Strathcona County, or member of
the Royal Canadian Mounted Police;
(h)
"Person" includes a corporation and the heirs, executors, administrators or
other legal representatives of a person;
(i)
"Security Officer" means a person who is licensed in the Province of
Alberta to patrol, guard or provide security for another person or for the
property of another person, or detect loss of or damage to the property
of another person.
GENERAL PROHIBITION
3.1
A person shall not operate, maintain, conduct or advertise a Concert or
Special Event in the Municipality unless they hold a valid and subsisting
Licence for that Concert or Special Event and then only in accordance with
the terms and conditions of the Licence issued.
BYLAW 22-2014
Page 3
LICENCE APPLICATION
4.1
(a)
Application for a Licence to conduct a Concert or Special Event shall be
made to the Chief Commissioner, in writing, at least ninety (90) days
prior to the proposed date of the Concert or Special Event and shall be
accompanied by a non- refundable application fee and shall contain
the following information:
i.
The name, email address, residence and mailing address
with the phone number or numbers of the person making
such application as well as proof, in a form satisfactory to
the Chief Commissioner, that the applicant is at least 18
years of age. If the application is made by a partnership
the name and addresses of the partners shall appear.
Where the applicant is an incorporated company the
application shall be signed by at least two directors of the
incorporated company and shall contain the address of
such corporate directors and shall have attached a
certified copy of the Certificate of Incorporation;
ii.
A written statement outlining the specific nature, kind,
character, and type of Concert or Special Event which the
applicant is seeking a Licence;
iii.
The municipal address and legal description of the property
where the proposed Concert or Special Event is to be held.
The applicant shall submit proof of ownership of the place
where the Concert or Special Event is to be held or a written
document signed by the owner of the property indicating
their consent that the property be used for the proposed
Concert or Special Event;
iv.
The date or dates and the hours during which the
proposed Concert or Special Event is to be held;
v.
An estimate of the number of customers, spectators,
participants, and other persons expected to attend the
Concert or Special Event for each day it is proposed to be
held;
BYLAW 22-2014
Page 4
vi.
Proof, in a form satisfactory to the Chief Commissioner, that
the applicant has adequate financial means to carry out the
Concert or Special Event, including any conditions that may
be imposed on the License being applied for. The Chief
Commissioner may, in their discretion, require the applicant
to provide a letter of credit, in an amount deemed
appropriate given the nature of the proposed event, as
security;
vii.
A detailed written explanation of the applicant's plans to
provide security and fire protection, water supplies and
facilities, sewage and drainage facilities, food supplies and
facilities, sanitation facilities, first aid facilities and services,
vehicle parking spaces, vehicle access, policing and on site
traffic control and if it is proposed or expected that
spectators or participants will remain at night or overnight,
the arrangements for illuminating the property and for
camping or similar facilities. The applicant's plans shall
include what provisions will be made for numbers of
spectators in excess of the estimate, provisions for the
clean-up of the property and provisions for the removal of
garbage after the Concert or Special Event has concluded.
The applicant shall include a site plan that clearly indicates
the arrangement of the all facilities associated with the
proposed concert or special event, including but not limited
to those for parking and event ingress and egress;
viii.
A written statement outlining the details of any licensing
request that the applicant has made or intends to make to
the Alberta Liquor and Gaming Commission where the
applicant is planning to have alcohol at the proposed
Concert or Special Event;
ix.
Proof, in a form satisfactory to the Chief Commissioner, that
the application has general and host liquor liability
insurance for the proposed Concert or Special Event in an
amount of not less than five million dollars ($5,000,000),
covering public liability for all personal injury and property
damage that may occur by reason of the operation of the
Concert or Special Event, and naming the Municipality as
an additional insured;
x.
Anything else reasonably required by the Chief
Commissioner to process the application.
BYLAW 22-2014
Page 5
(b)
A Concert or Special Event shall be deemed to have an expected
attendance of more than 300 people when:
i. The event is to be held in a venue with an occupancy of more
than 300 people;
ii. The event involves the printing or sale of more than 300
tickets or invitations; or
iii. Any advertising for the event implies that attendance at the
event will be more than 300 people.
5.1
Subject to section 6.1, the Chief Commissioner shall not issue a Licence
pursuant to this Bylaw unless the Chief Commissioner is satisfied that the
applicant meets all of the conditions and requirements set out in this Bylaw.
6.1
(a) The Chief Commissioner may, in his discretion, modify or waive any
requirement of Section 4.1(a) that certain information be provided on
an application for a Licence or exempt a specific Concert or Special
Event from the requirement to obtain a Licence where, in the opinion of
the Chief Commissioner, to do so would be in the public interest.
(b)
Functions or events the Chief Commissioner may exempt from the
requirement to obtain a Licence include but are not limited to private
social functions such as family reunions and weddings, non-profit
private parties/events and community hall or public facility based
events and celebrations that are non-commercial in nature.
7.1
Prior to issuing a Licence the Chief Commissioner may consult with and
obtain relevant and material information from the Royal Canadian Mounted
Police, Alberta Health Services, the Alberta Liquor and Gaming Commission,
any department of the Municipality or any other agency which, in the opinion
of the Chief Commissioner, may assist the Chief Commissioner in
determining whether or not issuing a Licence for a particular Concert or
Special Event is appropriate in the circumstances.
8.1 If a Concert or Special Event to which a Licence has been issued is of a
recurring nature, the Chief Commissioner may, in his discretion, renew the
Licence for that Concert or Special Event on any terms or conditions the
Chief Commissioner deems appropriate.
9.1
The Chief Commissioner may refuse to issue or renew a Licence and
may suspend or cancel a Licence for the following reasons:
(a)
the applicant or Licensee does not or no longer meets the
requirements of this Bylaw with respect to the Licence applied for
or held;
BYLAW 22-2014
Page 6
(b)
the applicant or Licensee or any of its officers or employees:
(i) furnishes false information or misrepresents any fact or
circumstance to a Peace Officer or the Chief Commissioner;
(ii) has, in the opinion of the Chief Commissioner based on
reasonable grounds, contravened this Bylaw whether or not
the contravention has been prosecuted; or
(c)
in, the opinion of the Chief Commissioner based on reasonable
grounds, it is in the public interest to do so.
LICENCE CONDITIONS
10.1
A License is not transferrable.
11.1
It is a deemed condition of every Licence that the Licensee shall, at their
sole expense and to the satisfaction of the Municipality:
(a)
provide security for the approved Concert or Special Event, which
shall include at least one Security Officer for every 100 persons
expected to be in attendance, and comply with any security plan
approved by the Chief Commissioner;
(b)
provide ample supply of potable water for drinking and sanitation
purposes and adequate drinking water and sanitation facilities for
the Concert or Special Event;
(c)
provide adequate garbage receptacles and remove all garbage
from the location of the Concert or Special Event;
(d)
provide first aid services and comply with any medical plan
approved by the Chief Commissioner;
(e)
ensure that the liability insurance associated with the Concert or
Special Event remains in full force and effect;
(f)
only hold the Concert or Special Event on the dates and times
specified on the Licence;
(g)
comply with all terms and conditions specified on the Licence; and
(h)
comply with all relevant Federal, Provincial and Municipal laws in effect.
BYLAW 22-2014
Page 7
GENERAL PENALTY PROVISION
12.1
Any person who:
(a)
operates, maintains, conducts or advertises a Concert or Special
Event in the Municipality without having a valid and subsisting
Licence for the Concert or Special Event; or
(b)
having obtained a Licence, fails to comply with any term or condition
set out in this Bylaw or specified on the Licence; or
(c)
who obstructs or hinders any other person in the exercise or
performance of that person's powers or duties pursuant to this Bylaw;
is guilty of an offence and is liable on summary conviction to a fine in an
amount not less than that established in section 13 and not exceeding
$10,000 and to imprisonment for not more than six months for non-payment
of a fine.
13.1 Without restricting the generality of section 12, the following fine amounts
are established for use on violation tickets if a voluntary payment option is
offered:
(a)
five thousand dollars ($5,000) for a first offence; and
(b)
seven thousand five hundred dollars ($7,500) for any subsequent
offence.
ENFORCEMENT
14.1 Where a Peace Officer has reasonable grounds to believe that a person has
violated any provision of this Bylaw, the Peace Officer may commence
Court proceedings against such person by:
(a)
issuing the person a violation ticket pursuant to the provisions of Part 2
of the Provincial Offences Procedure Act, RS.A. 2000, c. P-34; or
(b)
swearing an information and complaint against the person.
15.1 Where a Peace Officer issues a person a violation ticket in accordance with
Section 14, the Peace Officer may either:
(a)
allow the person to make a voluntary payment of the minimum
specified penalty as provided for the offence in this Bylaw by
indicating such specified penalty on the violation ticket; or
BYLAW 22-2014
Page 8
(b)
require the person to appear in court without the alternative of
making a voluntary payment where the Peace Officer believes that
such court appearance is in the public interest, pursuant to the
provisions of Part 2 of the Provincial Offences Procedure Act.
16.1 No provision of this Bylaw or any action taken pursuant to any provision
of this Bylaw shall in any way restrict, limit, prevent, or preclude the
Municipality from pursuing any other remedy the Municipality may have
at common law or by operation of statute.
SEVERABILITY
17.1 Each provision of this Bylaw is independent of all other provisions. If any
such provision is declared invalid by a Court of competent jurisdiction, all
other provisions of this Bylaw will remain valid and enforceable.
STRICT LIABILITY OFFENCE
18.1 It is the intention of Council that all offences created by this Bylaw be
interpreted to be strict liability offences.
PROOF OF LICENCE OR EXEMPTION
19.1 The onus of proving that a person has a valid and subsisting Licence is
on the person alleging the existence of the Licence on a balance of
probabilities.
20.1 The onus of proving that a person is exempt from the provisions of this
Bylaw requiring a Licence is on the person alleging the exemption on a
balance of probabilities.
DELEGATION OF POWERS
21.1 Without restricting any other power, duty or function granted by this
Bylaw, the Chief Commissioner may:
(a)
carry out whatever inspections are reasonably required to
determine compliance with this Bylaw;
(b)
take any steps or carry out any actions required to enforce this
Bylaw;
(c)
take any steps or carry out any actions required to remedy a
contravention of this Bylaw;
BYLAW 22-2014
Page 9
(d)
establish forms for the purposes of this Bylaw;
(e)
refuse to issue a Licence or issue a Licence, with or without terms
and conditions as the Chief Commissioner deems appropriate,
acting reasonably; and
(f)
delegate any powers, duties or functions under this Bylaw to an
employee of the Municipality.
OTHER PERMITS AND APPROVALS
22.1 Nothing in this Bylaw relieves any person from any requirement to obtain any
license, permit or approval under any other Bylaw of the Municipality or any
provincial or federal statute or regulation.
EFFECTIVE DATE
23.1 This Bylaw shall come into force and effect upon the date of its third reading.
Read a first time this 22nd day of April, 2014.
Read a second time this 6 th day of May, 2014.
Read a third time and finally passed this 6 th day of May, 2014.
Roxanne Carr____________________
Mayor
Jacqueline Roblin_______________________
Acting Director, Legislative and Legal Services
Date Signed: _May 23, 2014____