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--1--
By-Law No. 6009/46/92
PART V
CONTINUING CONSOLIDATION
BUSINESS LICENSING BY-LAW NO.6009/46/92
AS AMENDED BY BY-LAWS NO. 6055/04/93, NO. 6065/14/93, NO. 6101/50/93, NO. 6182/31/94, NO.
6187/36/94, NO. 6273/122/94, NO. 6290/17/95, NO. 6336/63/95, NO. 6354/81/95, NO. 6371/17/96, NO.
6375/21/96, NO. 6477/40/97, NO. 6478/41/97, NO. 6498, NO. 6568, NO. 6605, NO. 6665, NO. 6832, NO.
7128, NO. 7190, 7251 AND NO. 7339.
BEING A BY-LAW of The City of Brandon to provide for the issuance of licenses and for the
regulating and governing of businesses and of persons so licensed to be known as the "Business
Licensing By-law".
WHEREAS The City of Brandon is empowered under Section 331 and Part XIII of The Municipal Act,
R.S.M. 1988, c.M225 to license and regulate any business carried on within the municipality.
AND WHEREAS the issuance of a license by The City of Brandon under this By-law does not in any
way warranty effectiveness, utility or efficiency of any product sold or service provided by any party
having obtained such license.
NOW THEREFORE, the Council of The City of Brandon in a meeting assembled enacts as follows:
PART I: INTERPRETATION, APPLICATION AND DEFINITIONS
1.
Interpretation and Application
(a)
All persons who conduct or in future will conduct business in the City of Brandon
shall in all respects conform to the provisions of this by-law save and except where
provisions of this by-law are inconsistent with provisions of relevant Provincial or
Federal Statutes in which case the provisions of such statutes shall override the
provisions of this by-law.
(b)
The City of Brandon will not conduct business with any person who is not in
compliance with the provisions of this by-law.
(c)
Notwithstanding subsection (a), rates to be paid by transient businesses shall be
subject to By-law No. 5060/03/81 until such time as Ministerial approval, pursuant to
clause 713(3)(d) of the Act, has been received for the rate structure set out in this
by-law. Upon receipt of Ministerial approval, this by-law shall apply without
exception to transient businesses.
[AM. B/L 6273/122/94]
2.
Definitions
In this by-law:
(a)
"AMUSEMENT DEVICE" means any machine, table, musical instrument, or any other
device, operated by the insertion of a coin, slug, token, plate or disc, or for which the
use of is charged and paid in another manner, and which may be operated by the
public generally for use as a game, entertainment or amusement, and shall, without
restricting the generality thereof, include such devices as shooting galleries, photo
studios, automatic devices, ball, dart or disc throwing games, strength testing
machines, marble machines, pin ball machines, skill ball, mechanical grab machines,
collector card machines, mechanical rides, and all games, operations or transactions
similar thereto under whatever name they may be indicated, but does not include
vending machines.
[AM. B/L 6065/14/93]
(b)
"AMUSEMENT PARLOUR" means any store, shop, room, building or place where five
or more amusement devices are kept or operated and to which the public is admitted
either with or without payment of a fee.
(c)
"BUSINESS" includes any trade, occupation or calling through which a product or
service is offered or supplied whether or not it is carried on continuously or on an
intermittent or one-time basis and whether or not the person carrying on the business
has an established place of business within the municipality and whether or not
payment for such product or service is made by cash, credit, or barter.
(c.1)
"BUSINESS ACTIVITY" includes any profession, activity, or enterprise which may
lawfully be carried on.
[EN. B/L 6336/63/95]
ACS-05-2025
--2--
By-Law No. 6009/46/92
PART V
(c.2)
"BUSINESS OFFICE" includes a desk, chair, telephone, answering machine, filing
cabinets, stationary, computer and printer, personal copier, and fax machine related
to the normal operation of a business office.
[EN. B/L 6336/63/95]
(d)
"BUSINESS, RESIDENT" means any business currently established within the City
providing such business has been established therein for at least three (3) months.
(e)
BUYER OF PRECIOUS METALS" means any person carrying on the business of
purchasing precious stones, precious metals, plates or coins from any person
other than a dealer.
(f)
"CHARITABLE LICENSE" means a license issued to a charitable organization that
is, in the opinion of the Supervisor of Municipal Licensing, an organization which
performs services of public good or welfare without profit and operates for a
charitable object or purpose as follows:
(1)
relief of poverty,
(2)
education,
(3)
the advancement of religion, or
(4)
any purpose beneficial to the community, but does not include the license
requirement for professional fundraisers.
(f.1) "CONCESSIONAIRE" means any master vending company licensed by the City for
the purpose of approving, organizing, and monitoring the operation of all
concessions at special events.
[EN. B/L 6478/41/97]
(g)
"CONTRACTOR" means any person who is involved in any building trade,
particularly but not limited to, electricians, plumbers, carpenters, masons, painters,
floor covering installers, and drywallers.
(h)
"CRAFTS PERSON" means any person who makes hand-made goods, produced by
themselves or their immediate family, and offers them for sale.
(i)
"CRAFT SHOW" means any event, not exceeding seven (7) days in duration, where
the hand-made goods of a crafts person are displayed or offered for sale. [AM. B/L
6101/50/93]
(i.1)
"CRAFT SELLING AREA" means that area used for displaying items offered for sale
at a craft show, the size of which shall not exceed nine (9) square metres. [EN. B/L
6065/14/93; AM. B/L 6187/36/94]
(i.2)
"DESIGNATED SITE" means any area established for conducting an activity related
to a special event and includes such surrounding area, including streets, roads, and
other public property under the control of the City, as deemed necessary for the
purpose.
[EN. B/L 6478/41/97]
(j)
"ESCORT" means any person who acts as a date for any customer or client of an
escort service.
(k)
"ESCORT SERVICE" means any business which offers to provide or does provide an
introduction between two persons for a period of companionship of short duration
for which said service a fee is charged, levied or otherwise imposed for each
occasion the escort service is provided or each occasion the introduction is made,
and includes a dating service.
(l)
"FIXED SEASONAL UNIT" means a canteen, or other similar business from which
food items are dispensed, being operated seasonally from a building or structure at
a fixed location.
(l.1)
"FLEA MARKET" means any event where a variety of goods are displayed and
offered for sale. [EN. B/L 6101/50/93]
(m)
"GARAGE SALE" means the sale of second-hand goods by an individual from his
property located in an area zoned as Residential, and including but not limited to yard
sale, basement sale and any other sale of a similar nature.
--3--
By-Law No. 6009/46/92
PART V
(n)
"HAWKER" means any person who peddles a product or service either door-to-door,
or through telephone solicitation, or through distribution of advertising material, but
does not include transient business.
[AM. B/L 6273/122/94]
(n.1)
"HOME-BASED BUSINESS" means any business activity carried out for gain in a
residence for which a current development permit is issued in accordance with the
City of Brandon Zoning By-law.
[EN. B/L 6336/63/95. AM. B/L 7128]
(n.2)
"HOME-BASED DIRECT SELLER" means any resident who: (1) holds a valid
Vendor's license or Direct Seller's license, as issued by the Province of Manitoba,
or; (2) is an agent or representative of a firm which is in possession of a valid
Vendor's license, as issued by the Province of Manitoba; or (3) can provide proof of
such firm being registered in the Province of Manitoba.
[EN. B/L 6371/17/95; AM. B/L 6477/40/97]
(o)
[REP. B/L 7128]
(p)
[REP. B/L 6055/04/93]
(q)
[REP. B/L 7251]
(r)
[REP. B/L 7251]
(s)
"MINOR" means any person under the age of 18 years.
(t)
MOBILE FOOD CART" means a push cart which is designed to be readily movable
but is not self-propelled by motor or pedal power and from which food items are
dispensed.
(u)
"MOTORIZED FOOD UNIT" means a self-contained unit which is propelled by motor
power and from which food items are dispensed.
(v)
"NUISANCE" means an activity which interferes with the reasonable use of public or
private property by any individual entitled to use such property.
(v.1)
"OFF-SITE" means a home-based business where the major portion of the activity is
conducted away from the residence, and only a minor portion of the activity, such
as a business office or minor storage, is conducted within the residence. [EN. B/L
6336/63/95]
(w)
"OFF STREET PARKING AREA" means a parking area owned or operated by the City
as more fully detailed in subsection 215(4) of The Highway Traffic Act.
(x)
"OFFICER" means a peace officer, police officer or constable working for the Police
Department or any person appointed as a by-law enforcement officer, unless the
context thereof requires otherwise.
(x.1)
"ON-SITE" means a home-based business where the major portion of the activity is
conducted in the residence.
[EN. B/L 6336/63/95]
(y)
"OPERATOR", when used in reference to a seasonal food unit, means any person
occupying, in possession of, or in charge of any seasonal food unit.
(z)
"OWNER", when used in reference to a seasonal food unit, means any person who
owns a seasonal food unit.
(aa)
"PAWNBROKER" means any person who exercises the trade of receiving or taking,
by way of pawn or pledge, any goods for the repayment of money lent thereon, and
includes a pawnbroking business.
(ab)
"PEDAL CART" means a cart, designed for roving, which is self-propelled by pedal
power and from which food items are dispensed.
(ac)
"PEDESTRIAN" means a person afoot, or a person in a wheelchair or a child's
carriage or a physically handicapped person operating a motorized mobility aid.
(ad)
"PERSON" means any individual and includes business, corporation, firm,
partnership, association, company or group of persons.
--4--
By-Law No. 6009/46/92
PART V
(ae)
"PERSON IN CHARGE", when used in reference to a seasonal food unit, means the
operator or the individual present at a seasonal food unit who is the apparent
supervisor of the seasonal food unit, and if no individual is the apparent supervisor
then any employee present shall be conclusively deemed to be the person in charge.
(af)
"PRIVATE PROPERTY" means any property other than a street or an off-street
parking area.
(ag)
"PROFESSIONAL FUNDRAISER" means any person who is in the business of
fundraising directly as an agent for a charitable organization or as an agent for any
person seeking charitable donations from residents of the City.
(ah)
"PROFESSIONAL PRACTICE" means the business carried on by an accountant,
architect, dentist, engineer, land surveyor, lawyer (barrister and/or solicitor), medical
doctor (physician and/or surgeon), nurse, psychologist, social worker, teacher,
veterinarian or any other person engaged in private practice for remuneration from
or on behalf of clients, excluding professionals employed on a full-time basis by
government, public agencies or other business the primary function of which is not
to provide professional services, but including all such professionals engaged in
private practice on a part-time basis.
(ai)
"PUBLIC HEALTH INSPECTOR" means a Public Health Inspector appointed by the
Province of Manitoba under The Department of Health Act or The Public Health Act.
(ai.1) "RESIDENCE" means and includes a dwelling, a dwelling unit, a mobile home, or an
accessory building, each as defined in the Zoning
[EN. B/L 6336/63/95]
(aj)
"RESIDENT" means any person currently residing in the City, unless otherwise
indicated, providing such person has been a resident therein for at least three (3)
months.
[AM. B/L 6055/04/93]
(ak)
"SEASONAL FOOD UNIT" includes fixed seasonal unit, mobile food cart, motorized
food unit, pedal cart, and trailer food unit unless otherwise expressly provided.
(al) "SEASONAL FOOD UNIT VENDOR" means the owner, operator, or any person in
charge of a seasonal food unit.
(am) "SECOND-HAND BROKER" means any person who engages in brokering the sale of
second-hand items between owners and potential buyers, whether such buyers
purchase items for resale or for their own use.
(an)
"SECOND-HAND DEALER" means a keeper of a second-hand store.
(ao) "SECOND-HAND STORE" means a store, shop, yard or place where second-hand
goods are stored or dealt in.
(ap) "SIDEWALK" means that portion of a street between the curb or the edge of a roadway
and the adjacent property line that is improved or any other portion of a street
improved and contained within a raised curb intended for the use of pedestrians.
(ap.1) "SPECIAL EVENTS" means any event of provincial, national, or international
significance being hosted in, and sponsored by, the City.
[EN. B/L 6478/41/97]
(aq)
(aq.1)
"TAAC" means the Traffic Authority Advisory Committee, or its designate, as
established by the City's Traffic By-law.
"TEMPORARY FOOD SERVICE ESTABLISHMENT" includes all mobile food units at
a fixed location for not more than three (3) consecutive days in conjunction with a
single event.
[EN. B/L 7339]
(ar)
"TRADE SHOW" means any event at which products are displayed for the purpose
of introducing the public to a product or to enhancements in a product, or for
comparing and trading a similar commodity, which without restricting the generality
of the foregoing may include any gun show, car show, hot rod show, home show,
coin show, stamp collector show, or card collector show, but does not include a
resident business, paying business tax, solely or jointly conducting a sale.
--5--
By-Law No. 6009/46/92
PART V
(as)
"TRAILER FOOD UNIT" means a fifth wheel or other trailer unit which is not self-
propelled and from which food items are dispensed.
(at)
"TRANSIENT BUSINESS" includes any person carrying on business in the City who:
(1)
offers to provide services for a price; or
(2)
offers goods or merchandise for sale by retail or by auction; or
(3)
solicits any person who is not a wholesale or retail dealer for orders:
(i)
to provide future services for a price; or
(ii)
for the future delivery of goods or merchandise; or
(4)
has not obtained a development permit from the Development Officer; or
(5)
is not listed on the City's current Business Assessment Roll for that
business and/or location; or
(6)
is a non-resident contractor providing a service;
but does not include a person who is selling the growth or produce of the province
if such is being sold by the producer thereof, a member of his immediate family, or
his bona fide servants or employees. [AM. B/L 6187/36/94; B/L 6273/122/94]
(au)
"UNSANITARY CONDITION" means a condition or circumstance:
(1)
that is offensive, or
(2)
that is or may be injurious to health, or (3)
that may
contaminate food with dirt, or
(4)
that contaminates or pollutes or may contaminate or pollute food, air or
water, or
(5)
that may render food, air, or water injurious to the health of any person, and
includes a nuisance, or
(6)
that is or may be a substantial or imminent danger or hazard to public health.
(au.1) "VEHICLE" means motor vehicle and includes off-road and all-terrain vehicles. [EN.
B/L 6336/63/95]
(av) "VENDING MACHINE" means any coin operated machine from which such items as
newspapers, magazines, liquid refreshments, food, snacks, candy, or tobacco
products are dispensed.
(aw)
[REP. B/L 6065/14/93]
--6--
By-Law No. 6009/46/92
PART V
PART II: LICENSE REQUIREMENTS
DIVISION I: Persons Subject to License
3.
Trades, Occupation or Calling
It shall be an offense for any person to carry on in the City any business, including a
professional practice, without having obtained a license from the City to do so, and any
such business for which a license has been issued shall not be carried on after such license
has lapsed or been cancelled, unless and until a new license is issued therefor.
4.
(a) A General Business License shall be obtained by every business including, but not
limited to, those referenced in section 2, with the exception of those set out in subsections
(b) and (c) hereto.
[AM. B/L 6498]
(b)
The following shall require a special license as set out in the City's annual fee
schedule:
(1)
Amusement Device Distributor
(2)
Amusement Parlour
(3)
Auctioneer
(4)
Charitable License
(5)
Circus, Menagerie, Side Show and other like shows
(6)
Contractor
(7)
Craft sale, including Craft show and Crafts person
(8)
[REP. B/L 6498]
(9)
[REP. B/L 6498]
(9.1)
Flea Market
(9.2)
Home-Based Business
(9.3)
Home-Based Direct Seller
(10)
[REP. B/L 7251]
(11)
Pawnbroker
(12)
Seasonal Food Unit
(13)
Second-hand store, dealer in collection or storing second-hand goods,
second-hand broker, and buyer of precious metals
(14)
Selling, distributing or installing vending machines or self serve cabinets
(15)
Transient Business
(16)
[REP. B/L 6055/04/93]
[AM. B/L 6101/50/93; B/L 6336/63/95; 6371/17/95; B/L 6605]
(c)
The following are not permitted to operate in the City:
(1)
Escort
(2)
Escort Service
[EN. B/L 6498]
DIVISION II: General License Conditions
5.
Every license granted pursuant to this By-law, unless otherwise provided, shall be effective
only from date of issue to and including the 31st day of December of the year of issuance.
6.
Where two or more persons carry on or engage in partnership in any trade, calling, business
or occupation, the license may be issued in the name of one partner only, but when the
application for license is made, the name and address of each member of the partnership
shall be set out therein.
7.
Every license issued hereunder shall be produced by the Licensee at all reasonable times
on demand of the Supervisor of Municipal Licensing or any Officer or other persons duly
authorized to demand its production.
8.
The City reserves the right to revoke any license issued for actual or suspected
noncompliance with the provisions of this by-law.
9.
(a) Where a license under this By-law involves a business where the health, safety, or
security of anyone involved with or utilizing the services of the business may be at risk, the
Supervisor of Municipal Licensing may refer the application or business license to the
appropriate City department, Provincial authority or regulating agency having jurisdiction.
If clearance is not provided, the Supervisor of Municipal Licensing will not issue or will
revoke the license and shall proceed in accordance with subsection (f).
[AM. B/L 7251]
(b)
All applications for an amusement parlour license shall be submitted for a prelicense
investigation pursuant to PART III, DIVISION I.
--7--
By-Law No. 6009/46/92
PART V
(c)
[REP. B/L 6498]
(d)
[REP. B/L 6498]
(e)
[REP. B/L 7251].
(f)
Where the Supervisor of Municipal Licensing refuses to issue or revokes any
license, he shall notify the applicant of such refusal or revocation and advise of
provisions for appealing the decision to the Director of Administrative Services. Any
applicant wishing to appeal such decision shall submit a written request to the
Supervisor of Municipal Licensing who will forthwith submit the application for the
license and request for appeal, together with a report thereon, to the Director of
Administrative Services. The decision of the Director of Administrative Services
with respect to business licensing shall be final and absolute. [AM. B/L 6665]
(g)
Notwithstanding that a proposed home-based business may comply with all existing
regulations set out in PART III, DIVISION XI, the Supervisor of Municipal Licensing
may elect to submit the application to City Council for direction respecting the
issuance of such a license where he is uncertain as to the suitability of the proposed
business.
[EN. B/L 6336/63/95]
10.
License to Designate Premises
Every applicant applying for a license to carry on a business in the City shall designate in
his application a store, shop or place in the City in which he intends to carry on his business,
and such place shall be designated on the license when issued.
11.
No person licensed to carry on business under this by-law shall advertise or promote or
carry on such business under any name other than the name endorsed upon his license.
DIVISION III: License Fees
12.
(a)
Every person seeking a license hereunder shall make application therefor to the
Supervisor of Municipal Licensing and shall tender with such application the
nonrefundable license fee as designated in the City's annual fee schedule for such
business or purpose.
[AM. B/L 6605]
(b)
Notwithstanding subsection (a), no license fee will be required to be paid by any
person in relation to the occupancy of space at the property of the Keystone
Agricultural and Recreational Centre Inc. during the periods in each year when the
Provincial Exhibition of Manitoba, Royal Manitoba Winter Fair or Agricultural
Exhibition (Ag-Ex) are operating.
(c)
Notwithstanding subsection (a), no license fee will be required to be paid by a charity
selling crafts where all items are donated.
[AM. B/L 6065/14/93]
(d)
Notwithstanding subsection (a), no license fee will be required to be paid by a
concessionaire or by any vendors approved by a concessionaire for operating within
the designated sites.
[EN. B/L 6478/41/97]
(e)
Notwithstanding subsection (a), the event organizer shall make application for a
temporary food service establishment blanket license and tender such application
with nonrefundable license fee as designated in the City's annual fee schedule.
[EN. B/L 7339]
13.
(a)
The amount to be charged for all annual license fees due and payable January 1st
shall be the annual license fee set out in the City's annual fee schedule and the
amount of any license fee for a new business shall be prorated at the rate of 1/12 of
the respective annual fee for each month, or part thereof, remaining in the then
current calendar year. For the purposes of this provision a new business is one
which has not previously operated in the City as determined by business name or
ownership, either sole or partner.
[AM. B/L 6273/122/94; B/L 6477/40/97; B/L 6605]
(b)
Notwithstanding subsection (a), any person obtaining a transient business license
shall be required to pay the full annual license fee.
[AM. B/L 6273/122/94]
--8--
By-Law No. 6009/46/92
PART V
14.
Whenever a licensee changes his address from that shown on his license, he shall forthwith
notify the Supervisor of Municipal Licensing and the license granted to the business may,
subject to compliance with other City by-laws, be transferred to the new premises.
15.
(a)
Pursuant to subsection 719(2) of the Act, the General Business License fee for any
business paying business tax shall be reduced to $10.00 while any and all additional
license fees as in the City's annual fee schedule to remain payable in full.
[AM. B/L 6065/14/93; B/L 6605]
(a.1)
Notwithstanding the $10.00 fee required in accordance with subsection (a), and
consequent to the waiving of the 1994 Business Tax, any business listed on the
City's current Business Assessment Roll shall be deemed to have a Business
License in accordance with this by-law for the current year. [EN. B/L 6182/31/94]
(b)
Any business entitled to be placed on the City's Business Tax Roll shall be required
to pay the relative license fee save and until such business is added to said Business
Tax Roll.
PART III: SPECIAL LICENSE CONDITIONS DIVISION I: Amusement Parlours
16.
This Division shall not apply to a beverage room, beer parlour, or cocktail room licensed
under The Liquor Control Act of The Province of Manitoba.
Subdivision I: Application for License
17.
Any applicant for an amusement parlour license must, at the time of making application in
accordance with section 12:
(a)
submit a plan or sketch of the property and the building, or portion thereof in which
the amusement parlour will be located, showing:
(1)
the dimensions of the property, building and proposed amusement parlour
area;
(2)
the approximate location of all amusement devices; and
(3)
the location of all fire and other exits;
(b)
specify the number of amusement devices to be installed in a licensed premises
ensuring each amusement device has a minimum 2 square metres of floor space
within the licensed premises, excluding office space, toilet space and other service
area space.
18.
All changes to premises operating under an amusement parlour license must be reported
to the Supervisor of Municipal Licensing who may, depending on the changes, either alter
the license as required, or proceed in accordance with section 19. The Supervisor of
Municipal Licensing will collect any fees which may be required for additional amusement
devices.
Subdivision II: Pre-License Investigations
19.
Upon receiving an application for an amusement parlour license, the Supervisor of
Municipal Licensing will send a copy of the application, together with the submitted plan or
sketch, to:
(a)
the Chief of Police, who will investigate the background of the applicant or, if the
application is a corporation, the background of the principals of the corporation and
the proposed operators of the amusement parlour. The Chief of Police will conduct
such an investigation as he deems necessary and, without restricting the generality
thereof, he will consider the residence of the parties involved in the application,
previous business dealings of the applicant, and check for past criminal records or
current criminal charges.
(b)
the Fire Chief, who will inspect the proposed premises to ascertain whether the
proposed amusement parlour meets the specifications of the City's Fire Prevention
By-law.
(c)
the Chief Building Inspector, who will inspect the proposed premises to ascertain
whether the proposed amusement parlour meets the specifications of the City's
Building By-law.
--9--
By-Law No. 6009/46/92
PART V
(d)
the Development Officer, who will ensure the proposed location and use meet the
specifications of "The City of Brandon Zoning By-law".
20.
The Chief of Police, Fire Chief, Chief Building Inspector, and Development Officer will each
forward to the Supervisor of Municipal Licensing, within thirty days of the application, their
recommendation as to whether or not the license should be granted.
21.
If the Chief of Police, Fire Chief, Chief Building Inspector, Development Officer or any one
of them, recommends the license should not be granted, written reasons for the
recommendation shall be submitted to the Supervisor of Municipal Licensing at the same
time as the recommendation.
Subdivision III: Issuance or Refusal of License
22.
If the Chief of Police, Fire Chief, Chief Building Inspector, and Development Officer each
recommend the approval of the license application, then the Supervisor of Municipal
Licensing may, subject to compliance with all other provisions of this By-law by the
applicant, issue the license.
23.
In the event that the Chief of Police, Fire Chief, Chief Building Inspector, Development
Officer or any one of them have not recommended approval of the license, the Supervisor
of Municipal Licensing shall notify the applicant, by registered mail:
(a)
that the application for license has been refused;
(b)
of the reasons for the refusal; and
(c)
of provisions for appealing the application for a license to the Director of
Administrative Services.
[AM. B/L 6665]
Subdivision IV: Appeal to Director of Administrative Services
24.
The applicant will have fourteen days from the date of such notice of refusal by the
Supervisor of Municipal Licensing to appeal the refusal to the Director of Administrative
Services.
[AM. B/L 6665]
25.
[REP. B/L 6665]
26.
[REP. B/L 6665]
27.
Where an appeal is made, any written recommendations of the Chief of Police, Fire Chief,
Chief Building Inspector, and Development Officer shall be considered in conjunction with
the Director's deliberations regarding the applicant's license request. [AM. B/L 6665]
28.
Upon hearing any and all representations on the issue, the Director of Administrative
Services will provide written advice to grant or refuse an amusement parlour license.
[AM. B/L 6665]
Subdivision V: Conditions of Operating Under License
29.
Every amusement parlour shall be closed to business between 2400 hours (12:00 midnight)
and 0800 hours (8:00 a.m.).
30.
The operator of any amusement parlour shall at all times, when it is open for business,
supervise and keep under control the operation and activity of the said amusement parlour,
either personally or by his agent, employee or servant, who shall be of the full age of
eighteen (18) years and shall conform with and carry out the provisions of all by-laws of the
City and all Provincial and Federal laws, and all regulations made thereunder, respecting
public health and sanitation.
DIVISION II: Auctioneers
31.
Name and Business to be Displayed
Every auctioneer shall exhibit in a conspicuous place and manner, at his auction room or at
such other place in which for the time being he may be engaged in selling or putting up
goods for sale, his name and business as auctioneer; but if several persons exercise the
trade of auctioneer in partnership, only the name of the firm and the business need be
exhibited as aforesaid.
32.
Auctions in Public Parks or on Public Streets
No auctioneer shall conduct an auction in any public park or on any public street or
thoroughfare in the City without the specific authority of Council.
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By-Law No. 6009/46/92
PART V
33.
Auctioneer Not To Be Pawnbroker
A license to carry on the occupation of a pawnbroker shall not be granted to an auctioneer.
DIVISION III: Circus, Menagerie,
Ride Show, Carnival & Other Like Shows
34.
Bond of Indemnity
Every applicant for a license to conduct a travelling circus or other like travelling exhibition
or any carnival, shall indemnify and save the City harmless by furnishing the City with a
bond for Five Thousand Dollars ($5,000.00), satisfactory in form to the City Solicitor, or
deposit cash to that amount with the City. Such bond shall be conditional also upon due
compliance by the licensee with the by-laws of the City and no license shall be issued until
such bond is furnished or cash deposited.
35.
Charitable Organizations
When in the opinion of a majority of the members of Council, satisfactory evidence has been
received by the Council that any travelling circus or other like travelling exhibition about to
be held, operated or conducted for the purpose of raising funds for any church organization
or any charitable organization recognized as such by Council, or any service club which is
a member of any service club organization having clubs throughout Canada is in fact being
operated for charitable purposes, Council may in its sole discretion by resolution duly
passed, authorize that any license fee payable under this by-law may be reduced to a fee as
set out the City's annual fee schedule, provided that no license shall be granted for the
period of the Provincial Exhibition of Manitoba without the specific authority of Council.
[AM. B/L 6605]
DIVISION IV: Escort Service and Escorts
36.
[REP. B/L 6498]
37.
[REP. B/L 6498]
38.
[REP. B/L 6498]
39.
[REP. B/L 6498]
40.
[REP. B/L 6498]
41.
[REP. B/L 6498]
DIVISION V: Garage Sales & Home Craft Sales
42.
The provisions of this by-law respecting obtaining of licenses and payment of license fees
shall not pertain to this Division.
43.
(a) A maximum of 3 garage sales in each calendar year may be conducted on each private
residential property in the City.
(b)
A garage sale may not be conducted for a period of more than 2 consecutive days.
(c)
Any person conducting a garage sale must comply with and is subject to all the
provisions of the City's Traffic By-law relating to the erection and removal of any
sign advertising such garage sale.
(d)
For the purpose of this Division, garage sale shall be deemed to include the sale of
items made by a crafts person in their own home or any similar occasion where the
personal property of the vendor or their immediate family is offered for sale from a
residence, auxiliary structure, or surrounding property. [EN. B/L 6055/04/93]
44.
The penalty for violation of the provisions set out in this Division shall be as set out in
Section 74.
DIVISION VI: Massagists
45.
[REP. B/L 7251]
46.
[REP. B/L 7251]
47.
[REP. B/L 7251]
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By-Law No. 6009/46/92
PART V
DIVISION VII: Seasonal Food Unit Vendors
Subdivision I: License Requirements
48.
Any applicant for a seasonal food unit license must, at the time of making application in
accordance with Section 12:
(a)
submit, and maintain, a valid permit from the Public Health Inspector with respect to
the seasonal food unit and its operation being in compliance with all provincial
health standards;
(b)
submit a diagram showing the proposed location for the seasonal food unit which
diagram must have been submitted for and received approval from:
(1)
the Property Administrator for City owned property, including off-street
parking lots; or
(2)
the property owner for private property; or
(3)
the Supervisor of Municipal Licensing for placement of a mobile food cart on
a sidewalk;
and in issuing such approval, consideration should be given to the proposed
location being such that it adds to the pedestrian environment, does not impede
access to other businesses, and does not cause traffic visibility problems;
(c)
maintain liability insurance in the minimum amount of one million dollars
($1,000,000) and submit a copy of the insurance policy to the Supervisor of Municipal
Licensing.
49.
The Supervisor of Municipal Licensing or the Chairman, or Acting Chairman, of the TAAC
has the authority to deny the issuance of a seasonal food unit license where in his opinion
same would not be in compliance with the conditions as set out herein or it is in the public
interest to do so.
50.
Any seasonal food unit license issued in accordance with this Division must be
conspicuously displayed on the seasonal food unit and is not transferable nor assignable.
Subdivision II: Conditions of Operating Under License
51.
Every seasonal food unit vendor shall:
(a)
ensure the area surrounding the seasonal food unit is clean and free from litter and
rubbish and that no unsanitary condition exists;
(b)
ensure the mobile food cart is removed from its location of operation between 0200
hours (2:00 a.m.) and 0800 hours (8:00 a.m.) on any day; and
(c)
comply with all provisions of the City's Traffic By-law and Nuisance By-law as they
pertain to the unobstructed movement of vehicular traffic and pedestrian traffic and
regulating any conduct which could be considered as a public nuisance.
52.
(a)
Mobile food carts shall only be located on private property, off-street parking lots,
Or sidewalks where such location has been approved pursuant to subsection 48(b)
and shall not be located directly in front of the entrance to any existing eating
establishment. Each food cart operator may submit a maximum of four (4) locations
where he may operate.
(b)
Motorized food units and trailer food units, excluding mobile lunch trucks, shall only
be located on private property or off-street parking lots where such location has
been approved pursuant to subsection 48(b).
(c)
Fixed seasonal units shall only be located on private property which is used mainly
for recreational activities.
(d)
Pedal carts shall not operate from a fixed location, must have a current bicycle
license, and every operator of a pedal cart must adhere to all regulations pertaining
to bicycles as set out in the City's Traffic By-law.
53.
(a)
The Supervisor of Municipal Licensing may revoke a seasonal food unit license
where a mobile food cart has not occupied its approved space for a period of more
than fourteen consecutive days. Upon such revocation the seasonal food unit
vendor shall not operate at such location or elsewhere unless and until a new license
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By-Law No. 6009/46/92
PART V
for the mobile food cart is obtained in accordance with the provisions of this by-law,
and the City does not guarantee the same location will be available upon
reapplication.
(b)
The City reserves the right to demand the removal, or relocation to a specified
location, of any mobile food cart where it is found that the location in any way
impedes pedestrian or vehicular traffic or their safety, or causes a disruption to any
nearby business establishment, and such decision shall be at the absolute
discretion of the TAAC.
54.
Where the TAAC deems such action necessary it shall first make a verbal request to the
seasonal food unit vendor to relocate or remove the mobile food cart. Where such verbal
request has not been complied with within one hour, the TAAC shall provide written notice
to the seasonal food unit vendor, stating that the mobile food cart must be removed, or
relocated to a specified location, within such time limit as the TAAC determines reasonable
in each case. Upon the expiration of the said time limit, if the mobile food cart has not been
removed or relocated, the City Engineer shall cause same to be removed and stored at the
Police Storage Yard. The expense of such removal shall be the responsibility of the owner.
55.
Upon the removal of any mobile food cart by the City, the Supervisor of Municipal Licensing
shall give written notice to the owner advising that:
(a)
the mobile food cart is in the possession of the Police Service; and [AM. B/L
6273/122/94]
(b)
same may be recovered upon payment of the removal costs and a $50.00 storage fee
to the Supervisor of Municipal Licensing.
56.
Any mobile food cart removed by the City will be kept for a maximum period of sixty (60)
days and if not recovered in accordance with section 55, will be sold or otherwise disposed
of and any revenue garnered will be retained by the City and applied against the removal
costs and storage fee.
Subdivision III: Special Events Concessions
56.1 (a)
The City may, at its discretion, issue a special events license to a concessionaire
and only those vendors approved by the holder of such license are authorized to
place concessions within designated sites.
(b)
Notwithstanding subsection (a), mobile vendors who hold pre-existing valid
licenses to operate within the area of a designated site, and those who hold a
business license to dispense goods from property within the area of a designated
site, shall be permitted to continue such existing operation without interruption.
[EN. B/L 6478/41/97]
Subdivision IV: Temporary Food Service Establishment
56.2
The event organizer for a temporary food service establishment blanket license must, at
the time of making the application in accordance with Section 12(e):
(a)
ensure that each mobile food unit attending the event has a valid permit from the
Public Health Inspector in compliance with the requirements of Manitoba
Regulation 339/88R, and the Food and Food Handling Establishments Regulation
under The Public Health Act;
(b)
submit a diagram showing location of all mobile food units; and
(c)
maintain liability insurance in the minimum amount of two million dollars
($2,000,000) with the City added as an additional named insured and submit a copy
of the insurance policy to the Supervisor of Municipal Licensing.
[EN. B/L 7339]
DIVISION VIII: Pawnbrokers
57.
Records to be Kept (a) Access to an electronic on-line recordkeeping system (in this
Division the "erecord"), which shall remain the property of the City and under the control of
the Chief of Police, will be provided by the City to each pawnbroker. Immediately upon
receiving goods, articles, or things for pawn or pledge, the pawnbroker shall make an entry
in the e-record showing:
(1)
an accurate account and description, including serial number where
applicable, of the goods, articles or things pawned or pledged;
(2)
a statement of any descriptive marks thereon;
(3)
the name, address, and a minute personal description of the person pawning
or pledging the goods, articles, or things; and
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By-Law No. 6009/46/92
PART V
(4)
confirmation that photo identification was used to verify the age and identity
of the individual pawning or pledging.
(b)
All entries are assigned a unique system-generated number. The pawnbroker is
permitted to add to the e-record an inventory number of their choosing, and the
article shall be tagged with the corresponding number.
(a)
The e-record shall be the only record maintained by the pawnbroker. Any
documentation taken as proof of identification will be returned to the individual or,
if the pawnbroker made a copy of the identification the copy will be destroyed,
once the information is entered into the e-record.
[AM. B/L 7190]
58.
Memorandum of Receipt of Goods
Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging
any goods, articles or things, a memorandum or note signed by the pawnbroker, containing
the substance of the entry required to be made in the e-record. No charge shall be made or
received by any pawnbroker for any such entry, memorandum or note. [AM. B/L 6273/122/94,
AM. B/L 7190]
59.
Inspections
(a)
Every article or thing pawned or pledged, shall at all reasonable times be open to the
inspection of the Police.
(b)
The Police have the right to inspect the business establishment to ascertain there are
no additional record systems being maintained.
[AM. B/L 7190]
60.
Dealing in Second-Hand Goods
No pawnbroker shall, unless he has also taken out a license as a second-hand dealer or
buyer of precious metals, purchase or acquire by barter any second-hand article or thing
whatsoever offered to him.
61.
Record of Redemption of Goods
Immediately after the redemption or sale of any pawned article an entry shall be made in the
e-record showing by whom the article was redeemed or purchased, the residence and
description of said person and the date of redemption or purchase. [AM. B/L 7190]
62.
Goods to be Kept Seven Days
No property received on deposit or pledge by a pawnbroker shall be permitted to be
redeemed or removed from its place of business for a period of fourteen days after entry in
the e-record, provided however that such redemption or removal may be permitted on the
specific written permission of the Chief of Police.
[AM. B/L 7190]
63.
Dealing with Minors Prohibited
No pawnbroker shall take or receive in pawn or pledge for money loaned, any property,
bond, note, security, article or thing produced or presented by any minor, or the ownership
of which is in or which is claimed by any such minor, or which may be in the possession of
or under control of any such minor.
64.
Employment of Minors Prohibited
No pawnbroker shall employ any minor to take pledges in pawn.
65.
Dealing with Intoxicated Persons or Thieves Prohibited
No pawnbroker shall take any article in pawn from any person appearing to be intoxicated,
nor from any person whom he knows to be a convicted thief.
66.
Pawnbrokers Not to be Auctioneers
No license to carry on the business of an auctioneer shall be issued to a pawnbroker.
DIVISION IX: Second-Hand Dealers & Brokers, Buyers of Precious Metals
67.
Dealing with Minors Prohibited
The purchase by second-hand dealers or buyers of precious metals, of second-hand goods
or precious metals from any minor is prohibited. Further, a second-hand broker is
prohibited from acting as a broker on behalf of a minor.
68.
Records to be Kept
(a)
A bound pre-numbered book (in this Division the "record book") which shall remain
the property of the City, under the control of the Chief of Police, will be provided by
the Supervisor of Municipal Licensing to each second-hand dealer and each buyer
--14--
By-Law No. 6009/46/92
PART V
of precious metals. Immediately upon purchasing or having deposited with him any
goods or articles, the second-hand dealer or buyer of precious metals shall make an
entry in the record book showing:
(1)
an accurate account and description of the goods or articles, including a
serial number where applicable;
(2)
a statement of any identifying or descriptive marks thereon;
(3)
the name, address, and a minute personal description of the person selling
or depositing the goods or articles.
The Chief of Police, in conjunction with the Supervisor of Municipal Licensing, may
agree to a varied method of record keeping.
(b)
All entries shall be clearly written in ink in numerical order, and the article tagged
with the corresponding number. No entry made in the record book shall be erased,
obliterated or defaced and no leaves shall be torn out.
(c)
A second-hand broker shall maintain records in a format satisfactory to the Chief of
Police and the Supervisor of Municipal Licensing which shows the name, address,
and phone number of all persons seeking to list items for sale and concurrently
maintain a listing of the names, addresses, and telephone numbers of all persons
seeking to purchase second-hand items. Such brokers shall provide copies of these
lists to an Officer or the Supervisor of Municipal Licensing at whatever time, or times,
such lists are requested and shall further supply any and all other information
requested by an Officer or the Supervisor of Municipal Licensing in relation to
potential vendors and purchasers of second-hand goods as listed with the broker.
Such records shall be retained for a minimum period of eighteen (18) months.
69.
Records Open to Inspection
The record book, as well as all goods or articles purchased or deposited, shall at all
reasonable times be open to the inspection of the Supervisor of Municipal Licensing or any
officer.
70.
Retention of Goods
(a)
Any goods purchased by or deposited or left with any second-hand dealer or buyer
of precious metals shall be retained by such dealer or buyer as the case may be in
the store or shop where it carries on its business for a period of seven days from the
date on which it entered such in the book as required, that such goods had been
purchased by it or deposited or left with it. Such goods shall be kept separate and
apart from all other goods on the premises for the whole of the said period.
(b)
Subsection (a) shall not apply to:
(1)
second-hand furniture or automobiles;
(2)
precious stones, precious metals, plates, coins or second-hand goods
purchased at public auction or from a licensed second-hand dealer; or
(3)
any goods for which the period for retention has been altered on the specific
written permission of the Chief of Police, insofar as the retention period is
concerned.
71.
Distinctive Marks Not to be Removed
(a)
No distinctive mark upon any second-hand goods, precious stones, precious metals
or plates purchased by any second-hand dealer or buyer of precious metals shall be
removed, erased, obliterated, rendered obscure or in any way altered until the
expiration of the retention period provided for in section 70.
(b)
Subsection (a) shall not apply to precious stones, precious metals, plates, coins or
second-hand goods purchased at public auction or from a licensed second-hand
dealer.
72.
House to House Collection of Precious Metals Prohibited
No buyer of precious metals shall go from house to house soliciting, purchasing or collecting
precious stones, precious metals, plates or coins.
73.
Showing Goods to Police
Every buyer of precious metals and every second-hand dealer who shall receive or be in
possession of any goods, articles or things supposed to have been lost or stolen, shall
forthwith on demand, show the same to the Chief of Police or any Officer.
DIVISION X -- Vending Machines
73.1 Every vending machine must have affixed, in a conspicuous place, a legible identification tag
which shall state the current name, address and telephone number of the distributor.
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By-Law No. 6009/46/92
PART V
73.2 (a) Where the distributor of any vending machine is in contravention of any of the provisions
of this by-law, it shall be sufficient for the Supervisor of Municipal Licensing to send
notice of intended seizure to the distributor, if known, and in any case to the owner of
the property from which the machine is to be removed. [AM. B/L 6477/40/97]
(b)
Any vending machine seized pursuant to subsection (a) will be stored by the City for a
period of sixty (60) days during which time the distributor may recover it by paying the
penalty as set out herein and any storage fees which may be outstanding.
(c)
Following the sixty (60) day recovery period the City may sell or otherwise dispose of
the vending machine. Any funds realized from the sale of the vending machine shall
first be applied toward the outstanding storage costs, then to paying penalties, and
any remaining will be retained by the City.
[EN. 6290/17/95]
DIVISION XI - Home-Based Business and Home-Based Direct Seller
73.3 For the purpose of this Division,
(a)
"resident" shall mean a person actually residing in the residence where the homebased
business is or is proposed to be operating; and
(b)
"home-based business" shall include home-based direct seller where appropriate.
[EN. B/L 6336/63/95; AM. B/L 6371/17/96]
73.4 (a) Any person operating an established home-based business which experiences any
addition, change, or alteration, is required to notify the Licensing Section, prior to
allowing the business activity to continue, and the license may, subject to the business
still complying with all the regulations, be upgraded and confirmed at no additional
cost.
(b) Compliance with the provisions of this Division does not negate the requirement to
comply with the provisions of other City by-laws including, but not restricted to, the
Building By-law and Zoning By-law.
[EN. B/L 6336/63/95]
73.5 A home-based business must comply with the following requirements:
(a)
it must be approved and continue to operate under a development permit in
accordance with the City of Brandon Zoning By-law;
[AM. B/L 7128]
(b)
[REP. B/L 7128]
(c)
articles sold or offered for sale must be limited to those produced therein or articles
that are produced elsewhere but are prepackaged and held only on a temporary basis
for distribution to customers outside the residence;
(d)
[REP. B/L 7128]
(e)
[REP. B/L 7128]
(f)
[REP. B/L 7128]
(g)
it must not, by reason of emission of odour, dust, smoke, noise, gas, fumes, cinders,
light, vibration, refuse matter, or water carried waste, become offensive or obnoxious,
or create a nuisance on or beyond any site or space line of the site or space containing
the home-based business;
(h)
[REP. B/L 7128]
(i)
it must not have any commodities sold or services rendered that require receipt or
delivery of merchandise, goods, or equipment by other than a passenger motor
vehicle, bicycle, or parcel or letter carrier mail service using vehicles typically involved
in residential deliveries;
(j)
[REP. B/L 7128]
(k)
[REP. B/L 7128]
(l)
[REP. B/L 7128]
(m)
[REP. B/L 7128]
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By-Law No. 6009/46/92
PART V
(n)
[REP. B/L 7128]
(o)
[REP. B/L 7128]
(p)
where more than one home-based business is permitted to operate from a residence,
the regulations are the maximum limits permitted at a given residence and are not
intended to be granted to each individual business.
[EN. B/L 6336/63/95, AM. B/L 7128]
73.6 (a)
[REP. B/L 7128]
(b)
The following activities shall not be permitted as home-based businesses and will not
be granted a home-based business license:
(1)
Dating service / Escort service
(2)
Full retail service
[EN. B/L 6336/63/95]
73.7 Any application for a home-based business license which:
(a)
does not meet the requirements set out in section 73.5; or
(b)
is set out in subsection 73.6(b) as being not permitted; shall be
denied.
[EN. B/L 6336/63/95]
73.8 (a) Notwithstanding any other penalty provisions, or the right under Section 8 to revoke a
license, the Supervisor of Municipal Licensing, upon finding that any provision of this
Division has been contravened or has not been complied with or has been complied
with improperly or only in part or that conditions exist which, in his opinion, constitute
a violation to this Division, may suspend the home-based business license.
(b)
Notice of any license suspension under this section shall be in writing and directed to
the licensee of the home-based business in respect of which the suspension is made
advising of the City's intent to revoke the license unless the noncompliance is
corrected to the satisfaction of the Supervisor of Municipal Licensing within ten (10)
days of the suspension, and further advising of the licensees right to appeal such
suspension in accordance with subsection (e).
(c)
A notice of license suspension made under this by-law shall be served:
(1)
personally upon the person to whom it is directed; or
(2)
by registered mail; or
(3)
by posting a copy of it in a conspicuous place on the building or property
if the person to whom it is directed cannot be found, is not known, or
refuses to accept service of the notice of suspension.
(d)
For the purposes of this Division, the members of the Building Standards Committee,
as established by the Building Safety and Property Standards By-law, shall comprise
the membership of the Council Committee.
(e)
Any person claiming to be injuriously affected by a license suspension under this
Division may appeal to the Director of Administrative Services, which appeal will act
as a stay of proceedings until the decision of the Director of Administrative Services
is issued. Such appeal must be in writing and submitted to the Supervisor of Municipal
Licensing within ten (10) days of the notice of suspension. The Supervisor of Municipal
Licensing will then arrange for the appeal to be considered by the Director of
Administrative Services at the earliest opportunity. [AM. B/L 6665]
(f)
Upon receipt of a written notice for appeal hereunder, the Director of Administrative
Services shall forthwith consider the suspension in respect to which the appeal is
made and shall make such enquiries as considered necessary. The Director of
Administrative Services shall then:
(1)
confirm the suspension and provide the licensee ten (10) days to comply with
the by-law provisions to the satisfaction of the Supervisor of Municipal
Licensing or the license will be revoked; or
(2)
recommend an amendment to the provisions of the by-law, which shall act as a
stay of proceedings until the matter is addressed by City Council, following
which the Director of Administrative Services will finalize consideration of the
appeal; or
(3)
lift the suspension and permit the licensee to resume operating the home-based
business; and
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By-Law No. 6009/46/92
PART V
a copy of this final decision will be served upon the Appellant in like fashion to the
service of a notice of suspension hereunder.
[AM. B/L 6665]
(g)
Notwithstanding any other provision of this by-law, where a license has been
suspended under this section and, at the expiration of the ten (10) day time limit, the
suspension has not been lifted by the Supervisor of Municipal Licensing, the by-law
provisions have not been complied with, and no appeal has been made to the Director
of Administrative Services, then the Supervisor of Municipal Licensing may revoke the
home-based business license or proceed to lay charges or both, as required. [EN. B/L
6336/63/95; AM. B/L 6665]
73.9 Any existing home-based business which holds a valid license may continue to operate
notwithstanding that business would otherwise be prohibited, subject to compliance with the
City of Brandon Zoning Bylaw or any other by-law or law. [EN. B/L 6336/63/95, AM. B/L 7128]
DIVISION XII - Public Trade Shows
74.
A public trade show, as defined in this by-law, shall be subject to the following:
(a)
event organizers of the trade show shall submit a listing of all registered exhibitors
to the Treasury Department no later than one (1) week prior to the event;
(b)
the Treasury Department shall determine the number of exhibitors of transient status
that shall be subject to the Public Trade Show Fee as set out in the City of Brandon's
Fee Schedule;
(c)
the Treasury Department shall prepare an invoice for payment by the event organizer
based on the fees noted in (b) above.
75.
Notwithstanding Section 74, no public trade show fee will be required to be paid by any
person in relation to the occupancy of space at the property of the Keystone Agricultural
and Recreational Centre Inc. during the periods in each year when the Provincial Exhibition
of Manitoba, Royal Manitoba Winter Fair or the fall fair are operating.
[EN. B/L 6832]
PART IV: PENALTIES
76. (a) Any person contravening, or refusing, omitting, failing or neglecting to observe or comply
with this by-law shall be liable to revocation of license and/or upon conviction before
a magistrate or judge be liable for a maximum fine of $500.00 as set out in subsection
202(1) of the Act.
(b)
Notwithstanding subsection (a), should a penalty be imposed for operating a business
without a license, such penalty shall be twice the required license fee.
(c)
Notwithstanding subsection (a), any person who contravenes the provisions set out in
Division V respecting Garage Sales by using or allowing to be used residential property
owned or occupied by him:
(1) for more than 3 garage sales in a calendar year, or (2) for a garage sale lasting more
than 2 consecutive days, is guilty of an offense and liable upon summary conviction
to a minimum fine of $100.00 or a maximum fine of $500.00.
(d)
Notwithstanding subsections (a) and (b), the penalty set out therein does not apply to
those activities in general having games and activities as set out in Section 715 of the
Act which are subject to the penalties as set out therein.
(e)
Notwithstanding subsection (a), any person who contravenes the provisions set out in
Division VIII respecting Pawnbrokers or Division IX respecting Second-Hand Dealers,
Second-Hand Brokers and Buyers of Precious Metals, shall be liable upon summary
conviction to a minimum fine of $100.00 or a maximum fine of $500.00.
(f)
Pursuant to subsection 202(2) of the Act any contravention, refusal, neglect, omission,
or failure that continues for more than one day, shall constitute a separate offense for
each day that it continues.
PART V: REPEAL AND ENACTMENT
77.
(a)
Licensing By-law No. 5060/03/81 and amending By-laws No. 5340/50/85, No.
5371/02/86, No. 5785/60/90, No. 5876/33/91, No. 5910/67/91, and No. 5964/01/92 are hereby
repealed.
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By-Law No. 6009/46/92
PART V
(b)
Amusement Parlour By-law No. 5234/03/84 is hereby repealed.
(c)
Mobile Refreshment Services By-law No. 3266 and amending By-law No. 4684 are
hereby repealed.
(d)
Pursuant to subsection 1(c), rates to be paid by transient businesses shall be subject
to By-law No. 5060/03/81 until such time as Ministerial approval has been obtained,
notwithstanding the repeal of the said By-law No. 5060/03/81.
[AM. B/L 6273/122/94]
78.
(a) This By-law shall take effect on the passing thereof and all licenses issued to the date of
passing of the By-law shall be applicable until December 31st, 1992 and every license
application after the date of passing of the by-law shall comply with the within by-law.
(b)
Notwithstanding subsection (a), any licensee who was issued a license prior to the
date of passing of this by-law for business which will not be conducted until after this
by-law has taken effect shall be required to pay the full fee set out by this by-law.
DONE AND PASSED by the Council of The City of Brandon duly assembled this 15th day of June
A.D. 1992.
"R. N. Borotsik"
"W. I. Ford"
MAYOR
CITY CLERK
Read a first time this
1st
day of June A.D. 1992.
Read a second time this
15th day of June A.D. 1992.
Read a third time this
15th day of June A.D. 1992.
I, Amber Dawn Chapil, Acting Clerk of the municipality of The City of Brandon, DO HEREBY
CERTIFY the within to be a true and correct copy of Business Licensing By-law No. 6009/46/92 as
amended by By-laws No. 6055/04/93, No. 6065/14/93, No. 6101/50/93, No. 6182/31/94, No. 6187/36/94,
No. 6273/122/94, No. 6290/17/95, No. 6336/63/95, No. 6354/81/95, No. 6371/17/96, No. 6375/21/96, No.
6477/40/97, No. 6478/41/97, No. 6498, No. 6568, 6605, No. 6665, No. 6832, No. 7128, No. 7190, No.
7251 and No. 7339.
"A. Chapil"
A. Chapil, A/City Clerk
SCHEDULE "A"
Licensing By-law No. 6009/46/92
[AM. B/L 6055/04/93; B/L 6065/14/93; B/L 6101;50/93; B/L 6187/36/94; B/L 6273/122/94;
B/L 6290/17/95; B/L 6336/63/95; B/L 6354/81/95; B/L 6371/17/96; B/L 6375/21/96; B/L 6498]
[REP. B/L 6605]