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TOWN OF SELKIRK
BY-LAW NO. 4802
A BY-LAW OF THE TOWN OF SELKIRK PROVIDING FOR THE LICENCING
AND CONTROLLING OF TRADES AND OCCUPATIONS.
WHEREAS the Municipal Act (RSM 1970 CAP M225) empowers a municipality to pass
by-laws to licence and regulate trades and occupations;
AND WHEREAS it is deemed to be in the best interest of the Town of Selkirk to issue
business licences;
NOW THEREFORE the Council of the Town of Selkirk in a meeting duly assembled,
enacts as follows:
SHORT TITLE
1.
This By-Law may be referred to as "The Town of Selkirk Licencing By-Law".
DEFINITIONS
2.
Unless the context otherwise requires wherever used in this By-Law;
(a) "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 business within the
municipality and whether or not payment for such product or service is made by cash, credit
or barter.
(b) "Canvasser" includes any person or organization which raises funds by
soliciting donations.
(c) "Circus Operator and Showman" shall include any person operating a circus,
exhibit, show, rides or midway.
(d) "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, and in this By-Law, "sub-contractor" has the same
meaning as "contractor".
(e) "Hawker" includes any person who goes from place to place or door to door
by any means bearing or drawing any good, wares or merchandise for sale or who pedals a
product or service either door to door or through telephone solicitation or through
distribution of advertising material.
(f) "Licence Inspector" means the Licence Inspector appointed by the Town of
Selkirk from time to time.
(g) "Licenced Premises" means the premises in which the trade referred to in the
context is carried on.
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(h) "Major Event Site" means any Town property or portion of Town property
designated for a major event by the Council of the Town of Selkirk within the Town Major
Event Policy, or otherwise.
(i) "Mobile Food Unit" includes a self-contained food unit, whether motorized or
otherwise, from which food items are dispensed.
(j) "Non-resident Contractor" means a contractor who occasionally provides
services or delivers goods within the Town but does not carry on business nor have any
fixed location within the Town.
(k) "Off Street Parking Area" means a parking area owned or operated by the
Town as more fully detailed in subsection 215(a) of The Highway Traffic Act.
(l) "Pawnbroker" means a person who lends money upon interest on the security
of articles of personal property pawned or pledged.
(m) "Private Property" means any property other than a street or an off street
parking area.
(n) "Regional Residents" shall include a person who is not resident of the Town of
Selkirk, but he is a resident of the R.M. of St. Andrews, R.M. of St. Clements, R.M. of East
St. Paul or the R.M. of West St. Paul.
(o) "Seasonal Food Vendor" shall include any person selling or dispensing food
items from a fixed location for less than the whole of any calendar year, but does not
include an occasional food vendor at a major event site.
(p) "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.
GENERAL LICENCING PROVISIONS
TRADES AND OCCUPATIONS
3.
[Repealed by By-law No. 5273]
4.
Notwithstanding anything contained in this By-Law:
(a) No person shall be prevented from selling products grown, prepared or
manufactured solely by himself or members of his family in the area
located between Queen Avenue and Morris Avenue east of Eveline Street between the
hours of 8:00 am and 11:00 am on any Saturday between the 1st of July and 31st of
October, both inclusive, in any given year.
(b) No licence is required to hold a concert, recital, show or other entertainment in
any part of a church or like regular meeting place for the holding of religious services under
the auspices of the persons in charge of the said church or meeting place when all the artists
or other performers are amateurs or the money charged or collected for or in connection
with admission is to be used for the benefit of the church or meeting place.
5.
[Repealed by By-law No. 5273]
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ADMINISTRATION
6.
(a) Licence Inspector: This By-Law shall be administered by a Licence Inspector
appointed by the Town who shall act under the general supervision of the Council.
(b) It shall be duty of the Licence Inspector to see that this By-Law is enforced.
(c) The Licence Inspector shall:
(i)
collect all money payable to the Town under this By-Law and shall
daily pay such money over to the Secretary-Treasurer.
(ii) make out and sign all licences and keep the register containing full
particulars of same.
(iii) carry out such other duties as assigned by Council.
APPLICATION FOR LICENCE
7.
[Repealed by By-law No. 5273]
8.
[Repealed by By-law No. 5273]
INDIVIDUAL LICENCE
9.
[Repealed by By-law No. 5273]
SUITABILITY OF PREMISES
10.
(a) No licence shall issue to any premises until the Licence Inspector has received
confirmation from the Selkirk & District Planning Area Board that the intended use of the
premises complies with the zoning requirements of the Town of Selkirk for that intended
purpose.
(b) No business licence shall be issued to a person required by law to obtain a
licence under The Consumer Protection Act until such person has produced a proper licence
issued under that Act.
(c) The Licence Inspector shall not be required to issue a licence pertaining to any
licenced premises unless the Licence Inspector has received confirmation by the appropriate
health authorities that the vehicle, place, or premises to which the licence pertains is in
compliance with the Provincial Health Regulations for the intended purpose.
- 4 -
TERM OF LICENCE
11.
[Repealed by By-law No. 5273]
PRO-RATED LICENCES
12.
[Repealed by By-law No. 5273]
DUTIES OF THE LICENCEE
13.
[Repealed by By-law No. 5273]
REVOCATION OF LICENCES
14.
[Repealed by By-law No. 5273]
PERSONS UNDER 14 NOT PERMITTED IN BILLIARD HALLS
15.
No licencee, keeper or possessor of any billiard, pool or bagatelle table or of any
machines, tables, musical instruments or other devices, or any pinball machines, electronic
video machines, skillball machines or other mechanical or electrical amusement devices or
machines, that are kept on or operated from any premises shall admit to the premises in
which such machines or devices are kept or operated a minor under the age of 14 years or
allow such minor to remain therein without the consent in writing of the parents or
guardian and the onus of proof that such consent has been given shall be upon such
licencee, keeper or possessor.
HAWKERS
16.
No Hawker shall:
(a) permit any vehicles used by him to remain standing in any street except while
he is actually engaged in making a sale to a customer;
(b) permit any vehicle he is using while carrying on his trade to stand elsewhere
than upon a public highway;
17.
Any hawkers, or agents, or employees or anyone acting on their behalf, shall
prominently display on his person in legible writing a badge or card displaying the name of
the individual bearing the badge or card, and the name, number, address and business
number of the Licencee.
18.
A hawker shall not carry on his trade within the Town before 9:00 o'clock am or
after 8:00 o'clock pm on any given day.
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CANVASSERS
19.
A Canvasser shall not carry on any canvassing within the Town of Selkirk before
9:00 o'clock am or after 8:00 o'clock pm. on any day.
NON-RESIDENT CONTRACTOR
20.
[Repealed by By-law No. 5273]
PAWNBROKER
21.
Every pawnbroker shall;
(c) keep a book in which shall be clearly written in ink, at the time of
each loan, an accurate account and description in French or English of the goods, articles or
things pawned or pledged, and a statement of any descriptive marks thereon, the time of
pledging the dame, the rate of interest to be paid on the loan, and the name and residence
and a reasonably clear personal description of the person pawning or pledging the goods,
articles or things. No entry made in the book shall be erased, obliterated or defaced, and no
leaves shall be torn out;
(b) at the time of each loan, deliver to the person pawning or pledging any goods,
articles or things, a memorandum or note signed by him, containing the substance of the
entry required to be made in his book and he shall make no charge for any such entry,
memorandum or note;
(c) at all reasonable times, make the said book, article or thing pawned or pledged
available to the Licence Inspector or any person duly authorized by him or any members
of the police force;
(d) immediately after the redemption or sale of any pawned articles, make
an entry in the book referred to herein, showing by whom the article was redeemed or
purchased, his residence and physical description, and the date of such redemption or
purchase;
(e) hold in pawn all property received on deposit or pledge by him for the period of
seventy-two hours after the copy and statement has been delivered pursuant to Section 21(b)
hereof.
22.
No Pawnbroker shall:
(a) receive on deposit any goods, articles or thing before the
hour of 8:00 o'clock a.m. or after 9:00 o'clock p.m. nor carry on his trade on any Sunday or
statutory holiday;
(b) take or receive in pawn or pledge for money loaned, any property, bonds, notes,
securities, article or thing produced or presented by any person under the age of eighteen
years, or the ownership of which is in or which is claimed by such person or which may be
in the possession or under control or such a person;
(c) employ any person who is to take pledges in pawn under the age of eighteen
years;
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(d) take any article in pawn from any person appearing to be intoxicated, or any
person whom he knows to be a thief or to have been convicted of larceny or burglary;
(e) carry on trade of auctioneer.
SEASONAL FOOD UNIT VENDORS
23.
Any applicant for a seasonal food unit licence must:
(a) submit a diagram showing the proposed location for the seasonal food unit
which diagram must have been submitted for and received approval from:
I. the Secretary-Treasurer for Town owned property, including off-street
parking lots; or
II. the property owner for private property;
III. the Secretary-Treasurer 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;
(b) maintain liability insurance in the minimum amount of one million dollars
($1,000,000.00) and submit a copy of the insurance policy to the Licence Inspector.
CONDITIONS OF OPERATING SEASONAL FOOD UNITS AND MOBILE FOOD
UNITS
24.
Every seasonal food unit vendor and every mobile food unit operator shall:
(a) ensure the area surrounding the food unit is clean and free from litter and
rubbish and that no unsanitary condition exists;
(b) comply with all provisions of the Town's traffic By-Law as it pertains to the
unobstructed movement of vehicular traffic and pedestrian traffic and regulating any
conduct which could be considered as a public nuisance.
25.
Mobile food units shall only be located on private property, off-street parking lots,
or sidewalks where such location has been authorized for use by the Owner in writing and
approved by the Licence Inspector at the time of the issuance of the licence. No unit shall
be located directly in front of the entrance of any existing eating establishment.
No operator shall be entitled to more than 4 licences for mobile food units within the Town
at any given time.
26.
Mobile food units manually powered by the operator thereof, shall not operate from
a fixed location. In addition to the business licence, the operator of such a unit shall be
required to maintain an up to date bicycle licence issued by the town of Selkirk and adhere
to all regulations pertaining to bicycles as set out in the Town's traffic By-Law.
- 7 -
27.
The Town reserves the right to demand the removal, or relocation to a specified
location, of any mobile food unit where it is found that its location in any way impedes
pedestrian or vehicular traffic of their safety, or causes a disruption of any nearby business
establishment. In the event of non-removal following a request from the Town to remove
such unit, the Town shall be entitled to revoke the licence of the offending unit.
MAJOR EVENT FOOD UNIT VENDORS
28.
(a) All mobile food units in attendance at any Major Event must have written
permission from the person designated by the Town as the Coordinator for Major Events of
the Town of Selkirk to operate within the Major Event Site.
PENALTIES
29.
Subject to this section, every person who contravenes any section of this By-Law is
guilty of an offence and is liable on conviction to pay a fine not exceeding $400.00 and not
less than $50.00. Where any offences occur in respect of more than one business, business
location, vehicle, machine, exhibit, show, concession or ride licenced to a single licencees, a
separate offence shall be deemed to have occurred in respect of each violation for each
business, business location, vehicle, machine, exhibit, show, concession or ride. Option "B"
75.00 after 11 Days.
30.
Subject to the provisions of The Municipal Act, any amounts owing to the Town for
unpaid licence fees or fines and costs in respect of any conviction for any breach of this By
Law may be added to and collected in the same manner as taxes which are levied against or
in respect of any land or personal property.
31.
Where any contravention of this By-Law occurred for more than one day, the person
charge therein is guilty of a separate offence for each day that such contravention continues.
32.
The Town of Selkirk By-Law Nos. 4565, 4600, 4755 are hereby repealed.
DULY enacted as a By-Law of the Town of Selkirk, this 22 day of August A.D. 1994.
TOWN OF SELKIRK
Original signed by R S. "Bud" Oliver
Mayor
Original signed by Gloria J. Vinie
Secretary-Treasurer
READ a First Time this
8
day of
August, A.D. 1994
READ a Second Time this
22
day of
August, A.D. 1994
READ a Third Time this
22
day of
August, A.D. 1994
BY-LAW No. 4802
SCHEDULE A
FEE SCHEDULE
1) Resident Licence Fee
$100.00 per year
2) Regional Licence Fee
$150.00 per year
3) Non-resident Licence Fee
$200.00 per year
4) Major Event Vendor Fee
$ 25.00 per year
5) Charitable Events
No fee required
Sub-trades are included in the above fees.