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A BY-LAW OF THE MUNICIPAL CORPORATION OF THE TOWN OF INUVIK IN THE NORTHWEST TERRITORIES TO PROVIDE FOR THE LICENCING, REGULATING AND CONTROLLING OF BUSINESSES OPERATING WITHIN THE MUNICIPAL BOUNDARIES OF THE TOWN OF INUVIK
PURSUANT TO the Cities, Towns, and Villages Act of the Northwest Territories, S.N.W.T. 2003, c. 22 as amended;
WHEREAS it is deemed desirable and necessary that the Town license, regulate, and control businesses within the Town of Inuvik municipal boundaries;
NOW THEREFORE BE IT RESOLVED that the Council of the Municipal Corporation of the Town of Inuvik, in Council duly assembled, enacts as follows:
## 1 SHORT TITLE
- 1.1 This by-law may be cited as the "Business Licence By-law".
## 2 INTERPRETATION
- 2.1 "Applicant" means any person who makes an application for a business license or renewal under the provisions of this by-law.
- "Application" means a written application for a business license or renewal thereof required under this by-law.
- 2.3 "Business" means:
- a) a commercial, merchandising, or industrial activity or undertaking;
- c) an activity providing goods and services;
- b) a profession, trade, occupation, calling, or employment; or
- d) whether for profit or not for profit and however organized or formed, including a cooperative association of persons.
- 2.4 "Business Licence" means a license issued by the Senior Administrative Officer pursuant to this by-law for the purpose of allowing a business to operate within the Town of Inuvik.
- 2.5 "Business Premises" means any store, office, warehouse, dwelling, factory, building, enclosure, yard, or other place occupied or capable of being occupied for the purpose of any business.
- 2.6 "Cannabis" means a cannabis plant, and anything referred to in Schedule 1 of the Cannabis Act (Canada) but does not include anything referred to in Schedule 2 of that Act.
- 2.7 "Cannabis Retail Store" means a cannabis store operated by a vendor where cannabis is sold or marketed to a person who attends the premises.
- 2.8 "Cannabis Production and Manufacturing Facility" means premises used fo
- 2.9 "Canvasser" means any person whether a resident of the town or not, who solicits orders by telephone, fax machine, or other means for the purchase, sale, or trade of merchandise or who offers a service for sale or trade by such means.
- 2.10 "Charitable Objectives or Purposes" includes objectives or purposes which:
- ) promote the advancement of culture, religion, recreation, or education; c
- ) are of a charitable nature and are beneficial to the community as a whol
- 2.11 "Charitable Organization" means an organization or foundation that carries out charitable objectives or purposes, such as one of the following:
- a) an organization registered as a charitable organization under the Federal Income Tax Act, R.S.C. 1985, c. 1 (5'h Supp), as amended;
- b) an organization registered for a charitable purpose under the Northwest Territories Societies Act, R.S.N.W.T. 1988, c. S-11, as amended;
- c) an organization that performs services for the public good or welfare without profit and includes any organization designated by the Town; or
- d) an organization in operation in the Town for at least one (1) year or at the discretion of Council.
5. 2.12 "Council" means the Council of the Municipal Corporation of the Town of Inuvik.
6. 2.13 "Direct Seller" means a business engaged in directing, managing or coordinating the distribution or sale of goods or services for future delivery, including food products, where one or more agents including the licensee carry on business at a location other than the licensee's premises, and includes the offer or exposure for sale to any person by means of samples, drawings, pictures, patterns, cuts or blueprints, merchandise or a service, or both, to be afterward delivered in and shipped into town.
7. 2.14 "Hawker/Peddler" means any person who, whether as principal or agent, goes from house to house or locates on any street or roadway or elsewhere other than a building which is their permanent place of business, and offers for sale any merchandise to any person or offers to expose for sale to any person by means of samples, patterns, cuts or blueprints, merchandise to be afterward delivered in or shipped to the Town; but does not include a principal or agent selling to a wholesale or retail dealer.
8. 2.15 "Home Occupation" shall have the meaning attributed to it in the Town of Inuvik Zoning By-law.
9. 2.16 "Licensee" means the holder of a valid and subsisting business license issued pursuant to the provisions of this by-law.
10. 2.17 "Non-resident Business" means a business carried on in whole or in part within the Town, but which neither maintains a permanent place of business within the Town nor is listed in any current municipal property tax assessment roll.
11. 2.18 "Peace Officer" means any By-law Enforcement Officer of the Town of Inuvik or any RCMP officer.
12. 2.19 "Person" has the meaning given to it in the Interpretation Act.
13. 2.20 "Private Home Accommodation" means licensed visitor accommodation in a oneunit or a two-unit dwelling for transient paying guests on a short-term basis operated as a home occupation.
14. 2.21 "Public Place" means, but is not limited to, any public highway, roadway, laneway, sidewalk, courtyard, passage, alley, parking lot, park, parkland, woodland, building or other place or structure in the Town of Inuvik to which the public reasonably has or is permitted to have access, whether for payment or not, and which is under the care, ownership or control of the Town of Inuvik.
15. 2.22 "Renew or Renewal" means, in respect of a business license, a license issued to a business for a second or subsequent concurrent term.
16. 2.23 "Resident Business" means any person carrying on a business as defined under this by-law and establishing a permanent office and/or location of operation within the corporate limits of the Town of Inuvik in the Northwest Territories.
17. 2.24 "Student Business" includes any business operated by a person under the age of twenty-one (21) years presently attending an educational institution or enrolled in an ongoing educational program.
18. 2.25 "Senior Administrative Officer" means the Senior Administrative Officer of the Municipal Corporation of the Town of Inuvik.
19. 2.26 "Town" means the Municipal Corporation of the Town of Inuvik in the Northwest Territories.
## 3 GENERAL PROVISIONS
- 3.1 The Senior Administrative Officer is hereby authorized to:
- a) issue business licenses;
- b) require the payment of such fees for issuance; and,
- c) regulate the conduct of businesses in the Town pursuant to the provisions of this
- 3.2 No person shall carry on or operate a business that is either wholly or partly within the Town unless he or she holds a valid and subsisting business license to do so, issued pursuant to this by-law. A business license will be valid and current from the date of issue for the current year unless sooner terminated.
- 3.3 Every application for a business licence under this by-law, including for renewal o ransfer, shall be duly completed on a form established by the Town and shall b submitted to the Senior Administrative Officer together with the following:
- a) the appropriate fee prescribed in the Town of Inuvik Fees and Charges Policy; and,
- b) all other such permits or approvals as may be required by the Town of Inuvik to ensure that the requirements under this by-law are met.
- 3.4 Upon being satisfied that an application follows this by-law and that the applicant is entitled to the business license applied for, the Senior Administrative Officer shall issue the business license to the applicant.
- 3.5 Unless expressly granted for a shorter period, every business license issued under this by-law shall be current and have effect from the date of its issuance until the 31st day of December next following or until revoked, whichever occurs first.
- 3.6 Every charitable organization conducting business in the Town shall require a valid and subsisting business license but shall be exempt from the fees provided for in the Town of Inuvik Fees and Charges Policy.
- 3.7 Business conducted by individual persons for a period of not more than two times per year and as part of an event operated by a charitable organization, or an event organized by the Town of Inuvik, shall be exempt from the licensing requirements and fees established by this by-law.
- 3.8 Every business license issued pursuant to this by-law shall, during its currency, be posted in a conspicuous place in the business premises of the licensee.
- 3.9 A business license renewal must be completed and approved prior to the business license's expiry date.
- 3.10 Any person engaged in or carrying on one or more different businesses, eithe separately or together, shall be required to hold a business license for each busines with applicable fees for each license.
- 3.11 All business licenses issued to persons to carry on any business shall designate the premises in or on which the licensee may carry on or engage in the business in respect of which the business license is issued and the business license authorizes the licensee to carry on the licensed business only in or upon the premises designated ir such business license and a separate business license shall be obtained for each location.
- 3.12 No person will operate a business on public or private property without permission of the owner of said property.
- 3.13 The Senior Administrative Officer shall cause to be kept a record of all applications for business licenses and all business licenses issued by the Town.
- 3.14 Every business license issued pursuant to this by-law shall, during its currency, be produced on demand for inspection by the Senior Administrative Officer or a Peace
- 3.15 Where a licensee changes their business name or address, they shall forthwith notify the Town in writing of the change and provide the Senior Administrative Officer with such proof of the change as may be required and the Senior Administrative Officer may amend the business license to reflect the change.
## LICENCE APPLICATIONS
- 4.1 An application shall not be valid unless made by the owner or owners) of the business or an applicant who will be the owner or owners of a proposed business, or by a duly authorized agent of such owner or owners, and the Senior Administrative Officer may require a statutory declaration to be sworn as proof of such agency.
- 4.2 An application shall not be complete, and a business license shall not be issued until the fees provided for in the Town of Inuvik Fees and Charges Policy are received by the Town.
- 4.3 Business license fees are non-refundable.
- 4.4 Where an applicant operates or intends to operate a business at specific business premises or locations in town, such applicant shall be the owner of such business premises or location or shall provide to the Senior Administrative Officer proof of a valid lease for such business premises or location.
- 4.5 The applicant shall provide with the application form any information required by this by-law or by the Senior Administrative Officer to establish compliance with this by-law.
## 5 ELIGIBILITY FOR LICENCING
- 5.1 Subject to section 5.2, no business license shall be issued until such time as the applicant holds such permits and approvals as may be required by Federal or Territorial Law including, but not limited to, land use development, fire code and building code permits and approvals, and copies of all such licenses, permits, and approvals shall be provided to the Senior Administrative Officer by the Applicant at the time of application and, without limiting the scope and generality of the foregoing, such permits, and approvals specifically include those required by the Zoning By-law.
- 5.2 Despite section 5.1, a business license may be issued if the Senior Administrative Officer is satisfied that:
- a) one or more required permits or approvals by other legislative requirements or policies cannot be issued until the applicant has obtained a business license under this by-law; and
- b) the applicant will, immediately following the issuance of a business license, take the steps necessary to obtain the required permits.
- 5.3 If an applicant is issued a business license pursuant to section 5.2, the applicant shall forthwith provide the Senior Administrative Officer copies of any required permits obtained following the issuance of a business license. Failure to provide copies of such permits may result in the business license being revoked.
## 6 REVOCATION, SUSPENSION, AND CANCELLATION
- 6.1 Oh misleading ternato sue a busines license to an applicant who furishes false
- 6.2 The Senior Administrative Officer may refuse to issue or renew a business license may suspend, or cancel a business license, and may impose any conditions on business license for any of the following reasons:
- a) the applicant or licensee does not or no longer meets the requirements of this bylaw;
- b) the applicant or licensee or, in respect of the business only, any of its officers or employees:
- (1) furnishes false information or misrepresents any fact or circumstance to a Peace Officer or the Senior Administrative Officer;
2. (II) the Senior Administrative Officer has reasonable grounds to believe that a contravention of this or any other by-law of the Town of Inuvik has occurred, whether the contravention has been adjudicated;
3. (Il) fails to pay a fine resulting from a contravention of any Town by-law;
4. (IV) fails to pay any fee required by this by-law; or
- c) if the Senior Administrative Officer has reasonable grounds to believe that it is in the public interest to do so.
6. 6.3 The licensee of any business who operates, undertakes, or allows to be operated or undertaken such business contrary to the conditions established pursuant to this bylaw in respect of such business is guilty of an offense and upon conviction is liable for the penalties set out in Schedule A attached to and forming part of this by-law.
7. 6.4 The licensee of any business who operates or allows to be operated or undertaken such business when the business license in respect of such business has been suspended or revoked, is guilty of an offense and upon conviction is liable for the penalties set out in Schedule A attached to and forming part of this by-law.
8. 6.5 A suspension of a business license as provided for in this section may be:
- a) for a period not exceeding the unexpired term of the business license; and,
- b) where the suspension is for non-compliance with the provisions of this or any other Town of Inuvik by-law until the holder of the suspended license complies with that
11. 6.6 When a suspension of a business license pursuant to section 6.5 extends to the date of expiry of such business license, such business license shall not be re-issued except if it is the subject of an application that meets all the requirements of this by-law.
## 7 NOTICE
- 7.1 Before refusing to issue or renew a business license, and before a business license is suspended or cancelled or conditions are imposed, other than conditions imposed by this by-law, the Senior Administrative Officer shall provide the applicant or the licensee:
- 7.2 notice in writing of the proposed refusal, suspension, or cancellation or the proposed conditions with reasons; and,
- 7.3 an opportunity to make written representations to the Senior Administrative Officer.
## 8 DECISION
- 8.1 If a decision is made to refuse issuance or renewal of a business license, to suspend or cancel or to impose conditions on a business license, other than conditions imposed by this by-law, written notice of the decision, which shall include reasons, may be served on the applicant or licensee:
- a) in person on the applicant or licensee or any of its officers or employees; or,
- b) by ordinary mail to the address in the application.
- 8.2 After service of a notice pursuant to section 7.0:
- a) the suspended or revoked business licence shall be surrendered to the Senior Administrative Officer; and,
- b) the business specified in the notice shall not be carried on until such time as a suspended business licence is reinstated or a revoked business licence is reissued.
## 9 NON-RESIDENT BUSINESSES
- 9.1 Every non-resident business engaging in business in the town shall apply for usiness license issued by the Senior Administrative Officer pursuant to the provisior of this by-law and shall pay the business license fee established in the Town of Inuvik
## 10 INSPECTIONS
- 10.1 The Senior Administrative Officer is hereby authorized to inspect at all reasonable imes or to delegate inspections to a Peace Officer, the land, lot, and improvement here the Senior Administrative Officer has reasonable grounds to believe a busines that requires a business license is being carried on or operated with or without a
- 10.2 No person shall prevent, obstruct, or hinder the Senior Administrative Officer or Peace Officer during an inspection pursuant to this by-law.
## 11 REVIEWS AND APPEALS
- 11.1 Where an application or a fee exemption has been refused, a business license revoked or suspended, a condition or conditions attached to a business license, or a business assigned to a business category, the applicant in question may require the Senior Administrative Officer to review such refusal, revocation, suspension, attachment or assignment by submitting to the Senior Administrative Officer in writing a request for such review not more than ten (10) business days after such refusal, revocation, suspension, attachment or assignment is sent to the applicant.
- 11.2 Where the Senior Administrative Officer is in receipt of a request for a review pursuant to section 11.1, they shall conduct such review within five (5) business days of such receipt of the request and on completion of their review:
- a) may direct an application to be accepted and a business license be issued;
- b) may direct a fee exemption be provided;
- c) may confirm the refusal, revocation, or suspension of a business license;
- d) may reinstate a revoked business license;
- e) may vary or remove a suspension;
- f) may confirm, vary, or remove conditions; or
- g) may vary or confirm an assignment.
The Senior Administrative Officer shall advise the applicant in writing of their decision and the reasons for it not less than five (5) business days after the conclusion of their review.
- Every refusal, revocation, suspension, attachment of conditions, or assignment which is the subject of a review by the Senior Administrative Officer shall remain in effect during such review and until or unless varied or removed by the Senior Administrative
- An Applicant who makes a request pursuant to section 11.1 may appeal to Council a decision of the Senior Administrative Officer pursuant to section 11.2 by submitting to Council in writing a request for such appeal not more than ten (10) days after delivery by the Senior Administrative Officer of notification of their decision pursuant to section
- Where Council is in receipt of an appeal pursuant to section 11.4, it shall within 21 days of such receipt convene an appeal hearing to which the Applicant shall be invited in writing and upon conclusion of such appeal shall within five (5) business days notify the applicant in writing of its decision to:
- a) direct an application be accepted and a business license be issued;
- b) direct a fee exemption be provided;
- c) confirm the refusal, revocation, or suspension of a business license;
- d) reinstate a revoked business license;
- e) vary or remove a suspension;
- 1) contirm, vary, or remove conditions; or
- g) vary or confirm an assignment
3. 11.6 Where Council receives an appeal under section 11.4, the Senior Administrative Officer's decision under section 11.2 shall remain in effect during such appeal and until Council has delivered notification of its decision under the requirements of section 11.5.
## 12 OFFENCES
- 12.1 A person who contravenes this by-law is guilty of an offense.
- 12.2 Every day during which a person engages in or undertakes a business contrary to the provisions of this by-law shall constitute a new offense and the person doing so is liable upon conviction for the penalties set out in Schedule A attached to and forming
- 12.3 No person shall on land in the Town designated Residential Zone (R1 or R2) in the Zoning By-law engage in or undertake the business of renting or offering for rent private home accommodation by the night unless such person has a valid and subsisting business license issued by the Senior Administrative Officer in respect of such accommodation which shall specify which portions of the dwelling on such land are to be used for such purpose and any person so doing and the person renting or offering for rent accommodation other than that specified in the business licence is guilty of an offense and upon conviction is liable for the penalties set out in Schedule A attached to and forming part of this by-law.
- 12.4 For the purposes of this by-law, an act or omission by an employee or agent of a person is deemed to also be an act or omission of the person if the act or omission occurred during the employee's employment with the person or in the course of the agent's exercising powers or performing the duties on behalf of the person under their agency relationship.
- 12.5 Every person who is guilty of an offense under this by-law is liable on summary conviction:
- a) in the case of a corporation, to a fine not exceeding ten thousand dollars ($10,000.00); or
- b) in the case of an individual, to a fine not exceeding two thousand dollars ($2,000.00), or to imprisonment for a term of not more than six (6) months in default of payment of the fine.
- 12.6 Under the Summary Conviction Procedures Act, a Peace Officer may issue a Summary Offence Ticket Information to any person who violates any provision of this by-law.
## 13 EXEMPTION
- 13.1 The following persons or groups shall be exempt from the application of this by-law:
- a) a charitable organization as defined under this by-law;
- b) a student business; and
- c) persons or groups approved as vendors at the Arctic Market or at any other market operated by the Town of Inuvik, as designated by the Senior Administrative Officer.
- 13.2 Persons or groups that are exempt are still required to apply for a business license as per the provisions of this by-law.
## 14 SEVERABILITY
- 14.1 If any provision or part of a provision of this by-law is declared by a court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative circumstances, the balance of the by-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.
## 15 REPEAL
- 15.1 By-law 2630/L+P/19 and any previous business license by-laws are hereby repealed.
## 16 COMING INTO FORCE
- 16.1 This by-law will come into effect upon the day of its final passage.
READ A FIRST TIME THIS 26th DAY OF \_April, 2023 A.D.
READ A SECOND TIME THIS 26'h DAY OF April, 2023 A.D.
READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF May, 2023 A.D.
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MAYOR
fate
SENIOR ADMINISTRATIVE OFF
I hereby certify that this by-law has been made in accordance with the requirements of the Cities,
SENIOR MONIES RAVE ORIET
TOWN OF INUVIK BY-LAW #2711/L+P/23
## SCHEDULE A FINES
| SECTION | OFFENCE | AMOUNT |
|-----------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|
| s. 3.2 | Engage in or undertake Business in the Town possession of a valid or subsisting Business Licence in respect of | 15 offense - $250.00 2rd and subsequent offenses within 1 calendar year - $500.00 |
| s. 3.8 | Failure to post Business Licence | $100.00 |
| s. 6.3 | Operating a business in violation of the conditions for that business | 1S- $250.00 2nd - $500.00 |
| s. 6.4 | Engage in or undertake Business in the town when the Business Licence issued in respect of such Business has been revoked or suspended by the Senior Administrative Officer | 2nd - $1,000.00 |
| s. 7.1 | Engage in or undertake Business in the Town contrary to conditions established by the Senior Administrative Officer | 15 offense - $250.00 2nd and subsequent offenses within 1 calendar year- |
| s. 10.2 | Obstructing a Peace Officer in performance of their duty | |
| s. 12.3 | Engage in or undertake the Business of renting or offering for rent Private Home Accommodation without a valid Business | 2nd - $500.00 |
| | Any offense for which a specified penalty is not provided in this by-law | 1st offense - $250.00 2nd and subsequent offenses within 1 calendar year - $500.00 |