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TOWN OF ALTONA
BY-LAW 1752/2021
Being a by-law of the Town of Altona to provide for the issuance of
business licences and to provide for the regulation of persons and
firms subject to such business licences, to be known as the "Business
Licence By-law".
WHEREAS Sections 232(1) and (2) of The Municipal Act S.M. 1996,
c.M225 provides:
232(1) "A Council may pass by-laws for municipal purposes
respecting the following matters:
...
(n) business, business activities and persons engaged in business."
232(2) Without limiting the generality of subsection (1), a council
may in a by-law passed under this division:
a) regulate or prohibit:
b) adopt by reference in whole or in part, with any changes the
council considers necessary or advisable, a code or standard
made or recommended by the Government of Canada or a
province
or
a
recognized
technical
or
professional
organization, and require compliance with the code of
standard;
c) deal with any development, activity, industry, business, or thing
in different ways, or divide any of them into classes and deal
with each class in difference ways;
d) establish fees or other charges for services, activities or things
provided or done by the municipality or for the use of property
under the ownership, direction, management or control of the
TOWN OF ALTONA
BY-LAW 1752/2021
municipality;
e) subject to the regulations, provide for a system of licences,
permit or approvals, including any or all of the following;
i) establishing fees and terms for payment of fees, for
inspections, licences, permits and approvals, including fees
related to recovering the costs of regulations,
ii) establishing fees for licences, permits and approvals that are
higher for persons or businesses that do not reside or
maintain a place of business in the municipality;
iii) prohibiting a development, activity, industry, business or
thing until a licence, permit or approval is granted,
iv) providing that terms and conditions may be imposed on any
licence, permit or approval, and providing for the nature of
the terms and conditions and who may impose them,
v) providing for the duration of licences, permits and approvals
and their suspension or cancellation or any other remedy,
including undertaking remedial action, and charging and
collecting the costs of such action, for failure to pay a fee or
to comply with a term or condition or with the by-law or for
any other reason specified in the by-law, and
vi) providing for the posting of a bond or other security to
ensure compliance with a term or condition;
f) except where a right of appeal is already provided in this or any
other Act, provide for an appeal and the body that is to decide
the appeal, and related matters;
g) require persons who do not reside or have a place of business
TOWN OF ALTONA
BY-LAW 1752/2021
in the municipality to report to the municipal office before
conducting business in the municipality; and
h) require pawnbrokers to report all transactions by pawn or
purchase to the head of council or to the police.
AND WHEREAS the Council of the Town of Altona deems it advisable
to require business licences to be obtained and to regulate parties
whom have to acquire such business licence.
NOW THEREFORE the Council of the Town of Altona in Council duly
assembled enacts as follows:
1. THAT in this By-law:
a) "business" means
i) a commercial, merchandising, or industrial activity or
undertaking,
ii) a profession, trade, occupation, calling or employment, or
iii) an activity providing goods and services,
whether or not carried on continuously or on an intermittent or
one time basis and whether or not for profit, and however
organized or formed, and includes a co-operative and an
association of persons;
b) "person" shall mean an individual, firm, partnership or
corporation.
2. THAT any person from outside the Town of Altona or the
Municipality of Rhineland not conducting business solely to the
Commercial, Retail, or Industrial sectors within the Town of Altona
TOWN OF ALTONA
BY-LAW 1752/2021
must obtain a business licence from the Town of Altona and pay
the fee as set out in Schedule "A" attached. Same schedule is
subject to revision from time to time by resolution of Council.
3. THAT any person who sells goods, wares or services from a vehicle
or other movable object, or by the use of telephone shall be
subject to the following regulations:
a) any person, prior to any involvement in the activities described
under this section, shall make application for business licence
and shall pay the applicable business licence fee and no such
activities shall take place prior to the approval of the business
licence;
b) any person who sells food shall not park or stand their vehicle,
or cart or object from which they sell food, at a location within
the Town of Altona without first getting authorization from the
Chief Administrative Officer of the Town of Altona.
4. THAT any sales of goods, wares or services either by means of going
door to door, or from place to place are prohibited unless the sales
are made on behalf of a charitable or non-profit organization from
within the Town of Altona.
5. THAT all licences issued pursuant to this By-law shall be valid for a
period of time not exceeding twelve (12) months from the date of
issuance. Licences must be renewed prior to the date of
expiration.
6. THAT no business licence is required under this by-law by any of the
following:
6.1 Persons hawking, peddling or selling the growth or produce of
the Province if it is being hawked, peddled or sold by the
producer thereof, a member of their immediate family, or their
TOWN OF ALTONA
BY-LAW 1752/2021
bona fide servants or employees.
6.2 Persons or businesses that are operating in a Commercial or
Industrial Zone in the Town of Altona or the Municipality of
Rhineland in accordance with the applicable zoning by-law.
6.4 Home based occupations that operate from within the Town of
Altona or the Municipality of Rhineland.
6.5 Any business or person conducting business solely to the
Commercial, Retail, or Industrial sectors for their operations
within the Town of Altona, will not be required to obtain a
business licence to operate in the Town of Altona.
7. THAT any person who carries on business without having acquired
the necessary business licence shall be subject to a penalty not
exceeding one thousand dollars ($1,000.00). Said penalty shall be
payable directly to the Town of Altona and such penalty shall be
in addition to the appropriate business licence fee which such
person must obtain in addition to paying the penalty.
8. THAT any business licence previously approved by the Town of
Altona may be revoked if there is just cause to do so.
9. THAT any person who breaches any provision of this by-law other
than the failure to obtain the necessary licence shall be subject to
a fine not exceeding one thousand dollars ($1,000.00) or to
imprisonment for a term not exceeding one (1) month, or to both
such fine and such imprisonment. Where the contravention,
refusal, neglect, omission or failure, continues for more than one (1)
day, the person is guilty of a separate offence for each day that it
continues.
10. THAT the Chief of Police of the Town of Altona, or in their absence
their designate, shall act as the business licence inspector for the
TOWN OF ALTONA
BY-LAW 1752/2021
Town of Altona and be authorized to enforce this by-law.
11. THAT By-law No. 1583/2001 of the Town of Altona is hereby
repealed as of the effective date of this bylaw.
12. THAT this by-law shall come into full force and effect on the passing
thereof.
DONE AND PASSED in Council at The Town of Altona in the Province of
Manitoba this 22nd day of June, A.D. 2021.
____________________________________
Mayor
____________________________________
Chief Administrative Officer
Read a first time this 8th day of June, A.D. 2021.
Read a second time this 22nd day of June, A.D. 2021.
Read a third time this 22nd day of June, A.D. 2021.
TOWN OF ALTONA
BY-LAW 1752/2021
Schedule "A"
The following fees will apply to any person conducting business within
the Town of Altona and is subject to obtain a business licence.
1. Person located outside the limits of the Town of Altona or the
Municipality of Rhineland:
a) conducting business for a period of seven consecutive days or
less within the limits of the Town of Altona
$100.00
b) conducting business for a period of more than seven
consecutive days and up to 365 consecutive days or less within
the limits of the Town of Altona
$200.00