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1
Licensing Bylaw
Bylaw No. 08/2021.
CITY OF
HUMBOLDT
BYLAW NO. 08/2021
A BYLAW OF THE CITY OF HUMBOLDT TO PROVIDE FOR THE
CLASSIFYING, LICENSING AND REGULATING BUSINESS ACTIVITY WITHIN
THE CITY OF HUMBOLDT
The Council of the City of Humboldt in the Province of Saskatchewan enacts as follows:
1. Title
This Bylaw may be cited as "The Business Licensing Bylaw " .
2. Purpose
The purpose of this Bylaw is to license businesses in the City of Humboldt in order to:
a) regulate businesses;
b) ensure compliance with land-use and building regulations;
c) gather land use information;
d) facilitate planning decisions;
e)
ensure that once licensed, all Persons to whom a License has been issued,
comply with all terms and conditions of the license as set out under the Bylaw.
3. Authority
The authority for this Bylaw is The Cities Act, and in particular sections 8 and 9 of The Cities
Act.
4. Definitions
In this Bylaw:
a)
"Business" shall mean any of the following activities, whether or not for profit
and however organized or formed:
(i) a commercial, merchandising or industrial activity or undertaking;
(ii) the carrying on of a profession, trade, occupation, calling or
employment; (iii) an activity providing goods or services;
b) "Council" shall mean and include the Council of the City of Humboldt.
c) "City" shall mean the City of Humboldt.
d) "City Manager" shall mean the person occupying the position of City Manager
of the City of Humboldt.
e)
"License" shall mean a license to carry on any Trade, Occupation, Business, or
other undertaking for profit, or with the intention of obtaining a profit, within the
City of Humboldt.
f) "Occupant" and "Owner" shall have the same meaning as given them in the
Cities Act.
g)
"Person" shall mean an individual or a corporation and includes a partnership,
an association or a group of persons acting in concert unless the context explicitly
or by necessary implication otherwise requires.
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h) "Police Officer" shall mean any member of the Royal Canadian Mounted Police
or any Police Officer in the employ of the City.
i) "Plumbing Inspector" shall mean the public health officer as defined in Section
52 of The Public Health Act, 1994.
j)
"Home Based Business Type I and Home-Based Business Type II" shall be
defined in Section 2 of the Zoning Bylaw No. 04/2016.
5. License Required
a) Any Person carrying on a Business within the corporate boundaries of the City
must have a License, unless otherwise expressly indicated within this bylaw.
b)
No Person shall carry on in the City, any Business without first obtaining a
Business License authorizing such Person to carry on the Business in the City and
paying to the City the License fee prescribed by this Bylaw. Every Person so
licensed shall be subject to the provisions of this Bylaw.
c)
In enforcing the provisions of this Bylaw against operating a Business without
a License, proof of one transaction in the Business or that the Business has been
advertised is sufficient to establish that a Person is engaged in or operates the
Business.
d)
Where a business is carried on at more than one location, a separate license
is required for each location.
6. Licenses Not Required
A License shall not be required for:
a) Any activity carried on by the City, or at a location operated by an official
or employee acting on behalf of the City in her/his capacity as such official
or employee;
b) Such other activities as Council may, from time to time, by resolution, exempt from
the requirements of this bylaw;
c) Any activity undertaken by a charity;
d) Any person under the age of eighteen (18) years.
e) For a Business carried on by either the federal government of Canada, or the Provincial
government of the Province of Saskatchewan, or a Crown Corporation created by either
government. Provided however, that any Person who contracts with either the federal,
provincial, or municipal government, will be subject to all requirements of this Bylaw.
7. License Fees
a)
Unless otherwise provided for in this Bylaw, the amount to be charged for
all Licenses shall be the yearly license fee, set out in Schedule "A". Provided
however, that certain Licenses issued on or after the first day of September shall
pay one-half of the yearly License fee as noted in the Schedule.
b) Schedule "A" of this Bylaw may be amended or substituted from time to time
bylaw of Council and shall subsequently form part of this Bylaw.
c) All License fees required to be paid under the provisions of this Bylaw shall be
paid to the City at City Hall, 715 Main Street, Humboldt, Saskatchewan.
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8. Application for Licenses
a) Every applicant for a License must complete and submit a completed Business
License / Development Permit Application, to the City for approval, together with the
prescribed License fee, prior to undertaking any Business within the City. (See Appendix
C)
b)An application must include all requested information including but not limited to:
i) Name, address, phone number, email address and occupation of the applicant;
ii) The nature of the Business for which the License is required;
iii) The civic address from which the Business is to be carried on;
iv) The name under which the Business will be operated;
v) The name of a contact person;
vi) The area of the premises that the business occupies; and
vii) Any other information which may be reasonably requested by the City from
time to time. (Example is development permit)
c)
In all cases of partnership firms, incorporated companies, associations, or other
like combinations no more than one License shall be required for any one place
or premises.
9. Granting of Licenses
The City may issue Licenses in the following circumstances:
a) The required application form has been completed;
b) The required License fee has been paid;
c) The necessary provincial or federal Licenses have been obtained;
d)
The Business or the premises occupied by the Business complies with all the
zoning, building, plumbing and other requirements of the City.
e)
The Business has complied with any regulations applicable to Businesses of
that nature, as set out in Section 19 of this Bylaw.
If the Licensing Department concludes that a License application should be denied, the
application can be referred to the City Manager (or designate) which, in his or her
absolute discretion may deny the application but must provide the applicant with written
reasons for doing so.
10. Term of Business License
a)
A License issued pursuant to this Bylaw, unless specifically issued for a shorter
period, or unless the same shall sooner be suspended or revoked, shall expire on
December 31st of the year in which it was issued.
b)
Every Person to whom a Business License has been previously issued will be
sent a notice of the requirement to renew their Business License prior to the end of
February of the following year, unless the City is advised in writing that a License
is no longer required due to discontinuance of the Business.
c) Unless the City has been advised in writing that a Business has been discontinued,
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Business shall be deemed to continue to operate within the
City.
d) In the event a Person to whom a Business License has previously been issued:
i)
fails, refuses or neglects to renew his, her, or its Business License prior to
the end of February of the following year; or
ii)
fails to tender the applicable License fee or provide information required
by the City prior to the end of February of the following year;
such person shall be deemed to be conducting a Business without a License
contrary to the provisions of this Bylaw, if that person continues conducting
Business activities, and shall be subject to prosecution therefore;
11. Display of License
a)
Any License issued under this Bylaw must be displayed in a prominent place
in public view at the place of Business for which the License was issued and if the
place of business is outside of City limits the License must be available to be
produced upon request of any Police Officer or designated official or employee
of the City.
b) A Person shall not reproduce, alter or deface a license.
12. Officials to Have Access to Licensed Premises
a)
The City shall at all reasonable times have the right by its officials or employees,
after being properly identified, to enter upon any premises at which a Business
is licensed under the provisions of this Bylaw for the purpose of inspection or for
the purpose of ascertaining if the provisions of this Bylaw are being complied
with.
b) Inspections under this Bylaw shall be carried out in accordance with Section 324
Cities Act.
c)
Any Person hindering, preventing or refusing access to any City official or
employee, after such person has demanded admission and has identified
themselves as an official or employee of the City, shall be guilty of breach of this
Bylaw.
13. Discontinuance or Change
a) A Person must notify the City if a Business is discontinued.
b)
A Person must notify the City if the mailing address or phone number of the
Business changes.
c)
A Person must notify the City if the premises from which the Business operates
changes in size; or if the way in which the Business uses the premises changes.
d)
A Person must notify the City if the physical location from which the Business
operates has changed and must apply for a new license.
e) A Person purchasing or taking over a Business must apply for a new License.
14. Revoking, or Suspending of License
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If a Person to whom a License has been issued contravenes any term or condition of this
Bylaw, or any term or condition upon which the License was issued, the City may suspend
or revoke the License. No refunds will be issued for any Licenses suspended or revoked.
15. Provincial and Federal Licenses
A License will not be issued under this Bylaw to any Person required by law to obtain
a federal or provincial license or approval, until the Person has first confirmed and
declared that they hold the required provincial or federal license, and if requested to
doso, have produced copies of such licenses to the City. Any License issued under this
Bylaw, without the Person first obtaining the required provincial or federal License is
invalid.
16. Zoning and Building Standards
A License will not be issued under this Bylaw for any Business if the premises from which
the Business operates, intends to operate, or occupies does not conform to the zoning,
building, plumbing and other requirements of the City.
17. Business on Streets or Lanes
Unless otherwise specifically provided for in this Bylaw, or special permission having
been granted by Council, no person to whom a License is granted under the provisions
of this Bylaw, shall conduct the Business on any street or lane.
18. Prescribed License Fees
For the purposes of determining the prescribed License fee to by paid by a Business, as
set out in Schedule "A" attached hereto and forming part of this Bylaw, Businesses shall
be classified as follows:
a)
Storefront Business - Any Business located in any of the commercial, core mixed
residential or industrial districts, excluding home based business, as shown on the
Zoning District Map in the City of Humboldt Zoning Bylaw.
b)
Home Based Businesses - Type I - -A home based business within the meaning of
the City of Humboldt Zoning Bylaw. For the purposes of determining the prescribed
License fee to be paid, Home Based Businesses must be within the City limits and
shall further meet all requirements of the Zoning Bylaw No. 04/2016.
c)
Home Based Business - Type II - A home based business within the meaning of
the City of Humboldt Zoning Bylaw. For the purposes of determining the
prescribed License fee to be paid and eligibility, a Home-Based Businesses must
be within the City limits and obtain an approved discretionary use application
with the Planning Department.
d)
Out of town Business - Any business that is located outside the City limits of
Humboldt.
e)
Contractors (General) - Any Person contracting with or employed directly by the
owner or agent to do work upon, to render services for or to furnish materials for,
an improvement.
f) Trade Shows- a place where the public is invited and were
goods or merchandise are offered for sale by retail on a short-term
basis and may include, but not be limited to hobby shows, home
improvement shows, sportsman shows etc.
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g)
Direct Seller - an individual or firm licensed or required to be licensed under The
Direct Sellers Act, who goes from house to house selling or offering for sale or
soliciting orders for the future delivery of good or services; or by telephone
offers for sale or solicits orders for the future delivery of goods or services; or who
does both of the things mentioned above.
h)
Tutor Association or School -Two or more tutors acting in collaboration with
one another who instruct others in academic or scholastic courses for gain.
i)
Farmers Market/Craft Shows - a place where the public is invited and were
goods or merchandise are offered for sale by retail on a short-term basis.
19. Business Specific Licensing Regulations
a)
Beauty or Esthetic Services: No License shall be issued to a Person operating
any Beauty or Esthetic Services Business in any premises unless plumbing
fixtures are provided, to the satisfaction of the Plumbing Inspector; and such
fixtures are connected to the public sewer and water mains.
b) Farmers' Markets
i. A license issued for a farmer's market is only valid at the location
for which it is issued.
ii.
The license will cover all persons offering goods or merchandise for
sale at the farmer's market.
c) Mobile Food Vendors
i.
A license will not be issued for a Mobile Food Vendor, until the
applicant has first produced:
a) the written approval of the Saskatchewan Health Authority.
b) a SaskPower Gas Inspection Certificate to ensure the Mobile Food
Vendor is operating a gas fuel system according to current code.
ii. The License issued to a Mobile Food Vendor shall be subject to
the following terms and conditions:
a) A Mobile Food Vendor may carry on Business on private or public
property at any location where the Mobile Food Vendor has the
consent of the property owner in writing, except the following:
i. Within 3 metres of a building entrance or exit;
ii. Within 6 metres of an intersection;
iii. Within 3 metres of a back alley or lane;
iv. Where a pushcart or its operator obstruct a transit zone,
fire hydrant, driveway, loading zone, or emergency
access;
v. Within 10 metres of an existing eating establishment;
b)
Mobile Food Vendors must obtain written permission from the
City to set up on any City owned property or sidewalk.
c)
Mobile Food Vendors wishing to attend any public event must
first contact the festival organizers directly to obtain written
permission to take part in an event on public property.
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Bylaw No. 08/2021.
d)
A Mobile Food Vendor may be required to move locations as
directed by the City for safety reasons or if an undesirable operating
situation is perceived by the City.
e)
Motorized Mobile Food Vendors may operate from a roadway,
provided they are legally parked.
f)
Any motorized vehicle used by a Mobile Food Vendor shall
be equipped with a serving window to receive clients from the right
side of the vehicle so that people will be served away from traffic.
g)
Notwithstanding parking restrictions, Mobile Food Vendors are not
to stay at one location and vend for a period of greater than 3 hours.
h)
Music or any device used to attract business to the Mobile Food
Vendor shall not exceed fifty-five (55) decibels measured at three
(3) metres from the music or device.
i)
The Mobile Food Vendor shall at all times carry and maintain
comprehensive general liability insurance in the amount
of $2,000,000.00 and automobile liability insurance in the
amount of $1,000,000.00 for each approved License. The Mobile
Food Vendor shall provide the City with proof of the insurance,
upon application for a Business License.
d) Trade Shows- a place where the public is invited and were goods or merchandise are
offered for sale by retail on a short-term, basis and may include, but not be limited to hobby
shows, home improvement shows, sportsman shows, flea markets, and craft shows.
i.
A license issued for a trade show is only valid at the
location for which it is issued.
ii. The license will cover all persons offering goods or
merchandise for sale and all other services offered at the trade show.
e) Private Clubs - Every Person who operates a private club and is in the possession or
is required to be in the possession of a valid liquor license as issued under the Liquor Act.
20. Offences and Penalties
a) No Person shall:
i. obstruct or hinder any person acting under the authority of this
Bylaw; or
ii. fail to comply with any other provision of this Bylaw.
b)
Where any person authorized by the City has reason to believe that a Person
has contravened any provision of this Bylaw, including failure to obtain the
appropriate License and pay the requisite license fee a Notice of Violation may
be issued to such Person.
c)
Voluntary payment as set out in a Notice of Violation shall be made on or before
the date indicated on the Notice of Violation.
d)
If payment of the amount specified on the Notice of Violation is made on
or before the date included on the Notice of Violation, the Person to whom the
Notice of Violation was issued, shall be liable to prosecution for any provision of
this Bylaw.
e) The penalty for breach of this Bylaw shall be the specified penalty sum set out
in Schedule "B".
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f)
Except where a penalty is specifically provided for in Schedule "B" of this
Bylaw, every Person who contravenes any provision of subsection (a) is guilty
of an offence and liable on summary conviction:
i.
in the case of an individual, to a fine not exceeding $2,000.00;
or
ii.
in the case of a corporation, to a fine not exceeding $5,000.
g)
In case of a conviction for the non-payment of the License fee payable to the
City under this Bylaw, the convicting justice may adjudge payment thereof in
addition to the penalty.
m)
Such penalty or penalty and License fee, as the case may be, may be recovered
and enforced by summary conviction before a provincial Magistrate or Justice
of the Peace having jurisdiction in the City.
21. Distress
The City may recover any unpaid License fees by distress in accordance with the Cities
Act.
22. From Whom License Recoverable
In accordance with Subsections 9(2) to 9(5) of The Cities Act, if any contractor fails to
pay the License fee imposed by this Bylaw, the City may give notice in writing to any
Person by whom the contractor is employed requiring the Person to pay the License fee
out of the monies payable by him to the contractor and upon receipt of the notice by that
Person, the amount of the License fee shall to the extent of monies so payable be a debt
due by that Person to the City and may be recovered in the same manner as taxes may be
recovered.
23. Repeal of Bylaw
Bylaw No. 06.2019 of the City of Humboldt is hereby repealed.
This Bylaw shall come into full force and take effect on January 1, 2022.
Mayor - Michael Behiel City Clerk - Lori Yaworski
INTRODUCED AND READ A FIRST TIME THIS 25th DAY OF OCTOBER 2021
READ A SECOND TIME THIS 25th DAY OF OCTOBER 2021
READ A THIRD AND FINAL TIME THIS 25th DAY OF OCTOBER 2021
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Licensing Bylaw
Bylaw No. 08/2021.
SCHEDULE "A"
TO BYLAW No 08/2021
License Fees
The following is a list of the license fees charged for the businesses, occupants,
callings or industries referred to in Bylaw No. 08/2021.
Category
Business, Trade or Articles
Annual Fee
License Fee After
To be licensed
Unless Specified
September 1st.
1) Storefront Businesses
$100*
2) Homebased Business Type I
$150*
$100*
3) Homebased Business Type II
$250**
$125**
4) Out of City limits Business
$350
$175
5) General Contractors
$1500
6) Trade Shows
$750 per location.
7) Direct Sellers
$50
8) Music Association or Tutor
$510
Association or School
9) Craft Shows/Farmers Market
$125 per location.
* All New Applications for all "In City" Businesses will require a development permit and
the fee of $100 is included in the first-year license fee.
** All Home Based Business Type II also require a discretionary use application.
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Licensing Bylaw
Bylaw No. 08/2021.
SCHEDULE "B"
To Bylaw No. 08/2021
Offences for which a Notice of Violation may be
Issued.
Section No. Description of Offence Column "A"
5.
Conducting business activity without a $400.00
license.
10.
Continuing to conduct business activity $400.00
without making application for renewal
of previous license, payment of
prescribed fees or provision of required
information within specified period of
time.
11.
Failing to post copy of business license $100.00
in Store Front businesses.
11. Failing to produce copy of business $100.00
license when requested to do so by
City Officials.