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## TOWN OF VIRDEN
## BY-LAW NO. 2529
## BEING A BY-LAW OF THE TOWN OF VIRDEN FOR THE LICENSING AND REGULATION OF BUSINESSES CARRIED ON WITHIN THE MUNICIPALITY.
WHEREAS subsection 1(1) of the Municipal Act S.M. 1996, c. 58 defines "business" as
- (b) a profession, trade, occupation, calling or employment, or
- a commercial, merchandising or industrial activity or undertaking,
- (c) an activity providing goods or services,
whether or not it is 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 cooperative and an association of persons;
AND WHEREAS paragraph 232(1)(n) of the Act provides that a council may pass by-laws for municipal purposes respecting businesses, business activities and persons engaged in business;
AND WHEREAS paragraph 232(1)(o) of the Act provides that a council may pass by-laws for municipal purposes respecting the enforcement of by-laws;
AND WHEREAS subsection 232(2) of the Act provides that a council may in a by-law passed under subsection 232(1)
- (a) regulate or prohibit;
- (e) subject to the regulations, provide for a system of licenses, permits or approvals, including any or all of the following:
- (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.
- (1) establishing fees, and terms for payment of fees, for inspections, licenses, permits and approvals, including fees related to recovering the costs of regulation,
- (iii) prohibiting a development, activity, industry, business or thing until a license, permit or approval is granted,
- (ii) establishing fees for licenses, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality,
- (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 WHEREAS Fees, Discounts and Penalties Regulation 50/97 registered March 4, 1997 provides that the maximum fee that the council of a municipality may establish for a business license for a calendar year under subclause 232(2)(e)(i) and (i) of the Act for an urban municipality with fewer than 5,000 residents is $200.00;
AND WHEREAS subsection 249(1) of the Act provides, in part, that a person who contravenes a by-law of a municipality is guilty of an offense;
AND WHEREAS subsection 249(2) of the Act provides that where a contravention continues for more than one day, the person is guilty of a separate offense for each day it continues;
AND WHEREAS Fees, Discounts and Penalties Regulation 50/97 registered March 4, 1997 provides that the maximum fine that a council may impose in respect of a contravention a by-law is $1,000.00;
AND WHEREAS section 237 of the Act provides that no municipality shall require a license 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;
NOW THEREFORE the Council of the Town of Virden in meeting duly assembled, enacts as
- That for the purposes of this by-law, "business" shall be defined as any commercial, merchandising or industrial activity or undertaking, profession, trade, occupation or calling whether or not it is carried on continuously or on an intermittent or one time basis however organized or formed, and whether or not the person carrying on the business has an established place of business within the municipality, and includes a cooperative and an association of
- That for the purposes of this by-law, "person" shall be defined as including an individual, proprietorship, partnership, or corporation.
- a) That subiect to subsections (b) and (c) hereof, no person shall carry on a business ( ly kind within the Town of Virden without first having obtained from the Town of Virden license to do so.
- ) That no license shall be required under subsection (a) to sell produce grown 1 lanitoba if the sale is by the individual who produced it or an immediate family member c employee of the individual.
- (c) That no license shall be required under subsection (a) for businesses engaged exclusively in the wholesale of goods to other businesses within the Town of Virden.
- (a) That all persons carrying on a business in the Town of Virden where such business is based in the Town of Virden shall be subject to a license fee of fifty dollars ($50.00) per year.
- (b) That all persons carrying on a business in the Town of Virden where such business is based in any of the Rural Municipalities of Wallace, Sifton, Pipestone or Woodworth, the Village of Elkhorn, or the Town of Oak Lake shall be subject to a license fee of one hundred dollars ($100.00) per year.
- (c) That all persons carrying on a business in the Town of Virden where such business is based outside of the municipalities described in subsections (a) and (b) shall be subject to a license fee of two hundred dollars ($200.00) per year.
5. That for the purposes of this by-law, a business shall be deemed to be based in a municipality if it has an established place of business, or stock-in-trade, or personal property used in connection therewith assessed and set out in the latest revised assessment roll of that municipality.
- That all transient traders, hawkers, peddlers and other persons who go from place to place, or from door to door, by any means, bearing or drawing any goods, wares or merchandis for sale, contractors, tradespeople, or providers of services, shall, before transacting business in municipality, report to the Town of Virden Office and obtain a license as required under this by-law.
- and including very isensy secender this by year shis banfective only from the day of issue to
- times upon every dio an isued ed under shal for dure de or any me at all e Royal Canadian Mounted Police.
- That it is an offence to carry on a business within the Town of Virden without having first obtained a license under this by-law.
-i '.:
- That any person violating the provisions of this by-law shall be liable on summary conviction to a fine of twice the amount of the applicable license fee, and where the violation of any of the provisions of this by-law continue for more than one day, the person or firm is guilty of a separate offence for each day that it continues.
11. That By-Law No. 2493 be hereby repealed
DONE AND PASSED by the Council of the Town of Virden duly assembled this 18th day of August, A.D. 1997.
Mayor
Chief Administrative Officer
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Read a first time this 15th day of July, A.D. 1997. Read a second time this 15th day of July, A.D. 1997. Read a third time this 18th day of August, A.D. 1997.