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RURAL MUNICIPALITY OF ST. ANDREWS
BY-LAW NO. 4402
"THE BUSINESS LICENSING BY-LAW"
BEING a By-Law of the Rural Municipality of St. Andrews (the "Municipality")
providing for the licensing and regulation of business conducted within the
Municipality.
WHEREAS subsection 1(1) of The Municipal Act, S.M. 1996, c. 58 (the "Act")
defines a "business" as:
(a) a commercial, merchandising or industrial activity or undertaking,
(b) a profession, trade, occupation, calling or employment, or
(c) an activity providing goods or 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 association of persons;
AND WHEREAS subsection 232(1) of the Act provides, in relevant part:
A council may pass by-laws for municipal purposes respecting the following
matters:
(n) businesses, business activities and persons engaged in business;
(o) the enforcement of by-laws.
AND WHEREAS subsection 232(2) of the Act provides, in relevant part:
Without limiting the generality of subsection 232(1), a council may in a by-law
passed under this Division:
(a) regulate or prohibit;
(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
different ways:
(e) subject to the regulations, provide for a system of licences, permits 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 regulation,
ii.
establishing fees for licences, permits and approvals that are higher
for persons or business who 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
Page 1 of 7
vi.
providing for the posting of a bond or other security to ensure
compliance with a term or condition;
(g) require persons who do not reside or have a place of business 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 subsection 237 of the Act provides:
Despite clause 232(2)(e) (by-laws respecting licences, permits, approvals), a
municipality may not require that a licence, permit or approval be obtained to sell
produce grown in Manitoba if the sale is by the individual who produced it or an
immediate family member or employee of the individual.
AND WHEREAS Section 2 of Regulation 50/97 (Fees, Discounts and Penalties
Regulation) of The Municipal Act provides:
For the purpose of subclauses 232(2)(e)(i) and (ii) of the Act, the maximum fee
that a council may establish for a business licence for a calendar year is as
follows:
(a) Rural municipality:
$200.00
(b) Urban municipality with 5,000 residents or less:
$200.00
(c) Urban municipality with 5,000 residents or more:
$500.00
AND WHEREAS subsection 242(1) of the Act provides:
If a designated officer finds that a person is contravening a by-law or this or any
other Act that the municipality is authorized to enforce, the designated officer
may by written order require the person responsible for the contravention to
remedy it if, in the opinion of the officer, the circumstances so require.
AND WHEREAS Section 3 of Regulation 50/97 (Fees, Discounts and Penalties
Regulation) of The Municipal Act provides:
For the purpose of subclause 236(1 )(b)(ii) of the Act, the maximum fine that a
council may impose in respect of a contravention of a by-law is $1,000.00.
NOW THEREFORE, the Council of the R.M. of St. Andrews, in open meeting,
duly assembled, enacts as follows:
1.00
INTENT OF BY-LAW
1.01
The intent of this By-law is to regulate businesses operating within the RM
of St. Andrews by ensuring compliance with municipal zoning, safety, and
regulatory standards. The by-law establishes a framework for issuing
licences, establishes fees, and promotes responsible business practices,
while protecting public health and safety and supporting local economic
growth and development.
2.00
DEFINITIONS
Unless the context otherwise requires, where used in this by-law:
2.01
"Applicant" means owner, or such other person authorized by the owner to
make application for a Business Licence.
Page 2 of 7
2.02
"Business" means any commercial, merchandising or industrial activity or
undertaking, profession, trade, occupation, calling or employment, an
activity providing goods or services, whether or not carried on
continuously or on an intermittent or one-time basis and whether or not for
profit, and however organized and formed, and whether or not conducted
on an established place of business within the Municipality and includes a
co-operative and association of persons.
2.03
"Business Licensing Clerk" means a municipal employee or designate
responsible for receiving, processing and issuing business licence
applications and maintain related records.
2.04
"Council" means the Council of The Rural Municipality of St. Andrews.
2.05
"Designated
Officer"
means
a
municipal
employee
or designate
established by Council, to carry out the powers, duties and functions, and
to ensure compliance with the provisions of this by-law.
2.06
"Municipality" means The Rural Municipality of St. Andrews.
3.00
NECESSITY FOR LICENCE:
3.01
Any person carrying on a business within the boundaries of the
Municipality, who is not otherwise liable to pay a business tax or who is
not exempt under Section 4.00 of this by-law, must obtain a business
licence from the Municipality and pay the fee as set out in Schedule "A"
attached hereto.
3.02
A separate business licence is required for each separate business entity.
3.03
A separate business licence is required for each business location.
3.04
Any advertising of business, trade or occupations will be deemed proof of
the fact that the person is carrying on or operating any such business,
trade or occupation.
3.05
The organizer of a tradeshow, farmers' market, or community event shall
be required to obtain a business licence if goods and services are
provided in exchange for monetary compensation.
4.00
EXEMPTIONS FOR LICENCE
4.01
No business licence is required under this by-law for any of the following:
(a) Persons or businesses whose only business activity is the supply or
delivery of wholesale or bulk goods to a resident business within
the Municipality;
(b) Persons or businesses that rent a stall, table or space as a vendor
at a tradeshow, farmer's market or community event;
(c) Persons or businesses conducting a concert, recital, show or other
entertainment in any part of a church or regular meeting place,
where all artists and performers are amateurs, and money charged
or collected for or in connection with admissions, is to be used for
the benefit of the church or meeting place;
(d) Persons conducting a garage or estate sale of household items
located on private residential premises, provided that the sale is
temporary in nature and limited to personal property; or
Page 3 of 7
(e) Persons or businesses specifically exempt from municipal licensing
by legislation of the Province of Manitoba.
5.00
DURATION OF LICENCE
5.01
Every licence issued under this by-law shall take effect from the date of
issue and shall remain in force and effect until midnight on the 31st day of
December of the year stated on the face of the licence, unless:
(a) The terms of this by-law otherwise expressly provide;
(b) The licence provides otherwise; or
(c) The licence has been cancelled, forfeited, or otherwise withdrawn.
5.02
Monthly licences may be issued to accommodate trial and/or temporary
business activities.
6.00
APPROVALS FOR LICENCE
6.01
The applicant of any given business licence is solely responsible for
ensuring that all municipal, provincial and federal approvals, that are
required for the carrying out of any business, trade or occupation have
been received prior to application for a business licence and are
maintained in good standing throughout the duration of the term of the
business licence and any subsequent renewals thereof. Any such
provincial licences, certificates or approvals must be submitted with
application for a business licence.
6.02
If a provincial licence required under any statute is cancelled or
suspended, the business licence issued by the Municipality under the
provisions of this by-law will be automatically void and will remain as such,
until a new provincial licence is issued or the suspended provincial licence
is reinstated.
7.00 APPLICATION FOR LICENCE
7.01 An applicant shall submit a completed Business Licence Application Form
Schedule "A" attached hereto, with all required information, submittals
and payments, to the Municipality for review and consideration.
7.02 An applicant may not submit any information with respect to an
application, which is false, misleading, incomplete, or inaccurate.
7.03 No business licenced to carry on business under this by-law may
advertise and/or promote or carry on such business under any name,
other than the name endorsed upon their respective business licence.
8.00
POSTING OF LICENCE
8.01
Every licence issued under the provisions of this by-law must be posted in
a conspicuous place at the business location so that it is visible to
customers of the business. Should the place of business be located
outside the boundaries of the Municipality, this requirement shall be
waived.
8.02
A business licence issued with respect to a business that is not conducted
at a fixed location, must be carried on the person of the licence holder, or
in the vehicle or apparatus from which such business is conducted, and
Page 4 of 7
shall be shown to the Designated Officer upon request. If there is more
than one employee conducting business off site, each employee shall be
required to provide a copy of the business licence upon request of the
Designated Officer.
8.03
Every licence issued under the provisions of this by-law shall be produced
by the licensee at all reasonable times, upon the request of the
Designated Officer.
9.00
DUTIES OF THE LICENCED BUSINESS
9.01
Every business shall comply with all other by-laws of the Municipality and
all appropriate federal and provincial legislation.
9.02
Whenever a business changes its name or address from that shown on
the licence, they shall immediately notify the Municipality of said changes.
9.03
The business shall permit the Designated Officer, their assistants, or any
other person authorized by the Designated Officer to enter upon and
inspect the licenced premises for compliance with this by-law.
9.04
Every business licence application, provided the place of business is
situated within the boundaries of the Municipality, shall be subject to a
land-use verification by the Red River Planning District, to ensure that
compliance with the provisions of the Municipality's Zoning By-Law is
maintained.
(a) Where a licence is granted to a business to carry on a business in
or on premises where such activity is not permitted by the
Municipality's zoning by-law, that licence shall be automatically void
and of no effect unless, or, until it is approved to be upheld by the
Municipality.
10.00 REVOCATION, REFUSAL AND CONDITIONS OF LICENCES
10.01 If the Designated Officer determines that a licensee is carrying on
Business in an improper manner or is found in contravention of any
portion of this By-Law, the Designated Officer may revoke the licence and
shall promptly notify the licensee of such revocation.
10.02 The Business Licensing Clerk may refuse to issue a business licence or
may impose conditions on a business licence if the Designated Officer
has:
(a) Revoked and/or suspended a business licence of the applicant for
the same or similar business within the same calendar year;
(b) Reasonable grounds to believe the applicant cannot, does not or
will not comply with this by-law, any federal, provincial or other
municipal statute, regulation, by-law or other requirements(s); or
(c) Determined that it is inappropriate to issue a licence to an applicant
where the safety, health or welfare of the public may be at risk due
to the issuance of a licence.
10.03 Any applicant who is refused a licence may appeal the decision of the
Business Licensing Clerk and/or Designated Officer to Council, provided
that:
(a) The Applicant submits a completed appeal form per Schedule "B"
to the Municipality within 30 days of the refusal;
Page 5 of 7
(b) Upon receipt of the completed appeal form, Council shall set a day,
time and place for the hearing of the appeal. Notice shall be
provided to the applicant upon confirmation of said hearing;
(c) Upon hearing all representations on the issue, Council may, by
resolution, either uphold the revocation/refusal or direct that the
business licence be issued, with or without conditions as deemed
proper. Any decision rendered by Council resolution shall be final.
11.00 PENALTIES
11.01 Any business that contravenes or disobeys or refuses or neglects to obey
with any provision(s) of this by-law is guilty of an offence and is liable to a
maximum fine of $1000.00. Where the violation of any of the provisions of
this by-law continues for more than one day, the business is guilty of a
separate offence for each day that it continues.
11.02 The costs of an action or measure taken by the Municipality under this by
law are an amount owing to the Municipality by the person who
contravened the by-law.
11.03 In addition to all other rights of collection which the Municipality may have
at law, such amounts may be collected by the Municipality in the same
manner as taxes which are levied against or in respect of any land or
personal property and may be collected or enforced under The Municipal
Act.
11.04 Any funds paid in full or partial satisfaction of any fine levied, shall be first
firstly applied in payment of the fine, and secondly, in payment of any
outstanding licence fee(s).
12.00 EFFECTIVE DATE
12.01 All by-laws, resolutions and orders passed relative to the issuance and
enforcements of business licences are hereby repealed upon the date this
by-law comes into effect.
12.02 By-Law No.'s 3976 & 4053 are hereby repealed.
12.03 That this by-law shall be deemed to have come into force and take effect
on January 1, 2025.
Page 6 of 7
DONE AND PASSED by the Council of the Rural Municipality of St.
Andrews, in regular session assembled in Clandeboye, Manitoba, this
12th day of November, A.D., 2024.
THE RURAL MUNICIPALITY OF ST. ANDREWS
Read a first time this 22nd day of October, A.D., 2024
Read a second time this 12th day of November, A.D., 2024
Read a third time this 12th day of November, A.D., 2024
Page 7 of 7
H U H M M U N 'K 'I I* A I. 11 V O f-
ST. ANDREWS
RM OF ST. ANDREWS
BUSINESS LICENCE APPLICATION FORM
SCHEDULE "A" TO BY-LAW NO. 4402
Type of Application (select one from each side)
Business Licence
General Business (Section B)
Annual Licence Renewal
Home-Based (Section C)
Change of Business Information
Based outside the Municipality
SECTION A - BUSINESS INFORMATION:
Type of Business Organization (check the one that applies):
Sole Proprietorship
Partnership
Corporation
Co-operative
Business Location:.
_________
________
________
________
_______
Business Owner N a m e : ____
_
_____
_____
____
Mailing Address:_______
_________
________
_________
__________
Phone:_________________________________________ Cell:___
________
______ _______
_______
Email:_________
_________
________
________
_________
Business Operating Name:_____
________
_________
________
______
Mailing Address:_______________ ___________
_________
________
_______
Website: _________
________
________
_________ ____________
EMERGENCY CONTACT:
Name:
Position:
Phone:_____ _______ _________
Home Address:
____________________________________
________
_______
BUSINESS DETAILS:
Date of Commencement:____
___________
________
_________
________
Describe Business Activities (please be as specific as possible):
Form 1 of 3
MH
K U K 4 1 . M L ' K l d l ' A U I Y Of -
ST. ANDREWS
RM OF ST. ANDREWS
BUSINESS LICENCE APPLICATION FORM
SCHEDULE "A" TO BY-LAW NO. 4402
SECTION B - GENERAL BUSINESS:
Total Floor Area:
Of the building:
sq.ft
Number of Business Vehicles:
On Site:
Of the business:
sq. ft
Off Site:
Number of employees:
F/T:
P/T:
Hours of Operation:
to
/
(days of week)
Changes / Renovations to Premises: Yes
No
If yes, please describe:
Site Plan Requirements:
Property/Unit Boundaries
Building & Storage Locations
Approximate Utility Locations
Parking & Access
Signage Locations
SECTION C - HOME BASED BUSINESS:
Total Floor Area:
Of the dwelling:
sq.ft
Of the business:
sq.ft
Additional Information:
Business Vehicles On-Site:
Yes
No
Goods and/or Equipment stored On-Site:
Yes
No
Clients/Customers On-Site:
Yes
No
If yes (to any above), please describe:
Number of employees:
F/T:
P/T:
Changes/Renovations to Premises: D Yes
No
If yes, please describe:
Are you the registered owner of the property?
Yes
No (Letter o f authorization required)
Form 2 of 3
HU H A L M U N I f I I' A L I IV O (-
ST. ANDREWS
RM OF ST. ANDREWS
BUSINESS LICENCE APPLICATION FORM
SCHEDULE "A" TO BY-LAW NO. 4402
SECTION D - FEE SCHEDULE & LAND USE INFORMATION (OFFICE USE ONLY)
Based within the Municipality:
Business Licence (General)
L Licence Renewal
$150.00
$100.00
Info for Planning District:
Roll Number:
*- Pro-Rated Licence (after July 1)
$75.00
Zoning:
Business Licence (Home-Based)
L Licence Renewal
$75.00
$50.00
Legal Desc:
*- Pro-Rated Licence (after July 1)
$37.50
Site Plan (attached):
Monthly Business Licence
$15.00
Yes
No
Based outside the Municipality:
Comments:
Business Licence (General)
$200.00
*- Pro-Rated Licence (after July 1)
$100.00
Monthly Business Licence
$20.00
Re d River
Total Fees:
$
APPLICANT STATEMENT:
I / We the undersigned hereby make application for a Business Licence in accordance with the information as
stated, and further declare that the statements made true and correct. I / We further undertake, if granted
licence applied for, to comply with each and every obligation as set forth in by-laws now in force, or which may
hereafter come into force in the Municipality. I / We further understand that all business licences expire
December 31 of each year, unless stated otherwise, and must be renewed each year. Every Business Licence is
subject to review at anytime and be suspended or revoked for just cause.
Signature:______________________________________Date:
This collection of personal information is authorized under Sections 36(1) (a), (b), and (c) of The Freedom of
Information and Protection of Privacy Act (FIPPA). The information will be used for business licensing and
emergency purposes only.
Questions can be directed to the Municipality at (204) 738-2264 or [email protected].
Form 3 of 3
HU H \ l Mb' N K 'l l 'A I J I \ Oh
ST. ANDREWS
RM OF ST. ANDREWS
BUSINESS LICENCE APPEAL FORM
SCHEDULE "B" TO BY-LAW NO. 4402
Nam e:___
____________
__________
__________
___________
_________
Address: _____________
____________ ______________________________________ _______________
Mailing Address:___
_____
__
______ ____________ __________
Phone:_______________________________________C ell:______
_________ _________ _________
Em ail:_____
__________
___________
__________
________
________
Nature of Appeal (please check one):
Revocation of Licence
Issuance of Licence
Conditions of Licence
In the space provided below, please state in detail the reason(s) for this appeal, including any information,
issues, comments, documents, and other records you wish to be considered on appeal:
Signature:____________________________
_ Date:_____________ __________
*You will be notified when your appeal hearing date has been set by RM of St. Andrews Council*
Form 1 of 1