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June 19, 2023
CITY OF MEADOW LAKE
BUSINESS LICENSE BYLAW
BYLAW NO. 14/2018
With amendments up to and including Bylaw #15/2022 passed December 12, 2022 by City
Council.
==================================================================
NOTE:
All persons making use of this consolidation are reminded that this document has no
legal status, that the amendments have been embodied for convenience of reference,
and that the original bylaws should be consulted for all purposes of interpretation
and application of the law. Red highlighted entries indicate the amendments to the
bylaw.
Business Licence Bylaw No. 14/2018
Page 2
CITY OF MEADOW LAKE
BYLAW NO. 14/2018
BUSINESS LICENCE BYLAW
A BYLAW OF THE CITY OF MEADOW LAKE IN THE PROVINCE OF
SASKATCHEWAN
TO
PROVIDE
FOR
THE
LICENSING,
CONTROL,
REGULATION
AND
GOVERNING
OF
CERTAIN
BUSINESSES
AND
OCCUPATIONS IN THE CITY.
WHEREAS, it is deemed necessary and expedient that persons engaged in certain
businesses and occupations should be licensed by the City of Meadow Lake and be
subject to certain regulations;
Now therefore, the Council of the City of Meadow Lake, in the Province of
Saskatchewan enacts as follows:
PART 1 - INTRODUCTION
Short Title
1.
This Bylaw shall be known and may be cited as the Business Licence Bylaw.
Purpose
2.
The purpose of this Bylaw is to license businesses in the City of Meadow
Lake in order to:
a) Regulate businesses;
b) Ensure compliance with land use, zoning and building regulations; and
c) Facilitate planning decisions.
Interpretation
3.
In this Bylaw, unless the context otherwise requires, the following words or
terms shall be held to have the following definitions:
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; or
iii. an activity providing goods or services.
b) "City" shall mean the City of Meadow Lake.
c) "Charity" shall mean an organization that is:
i. Incorporated as a non-profit corporation in the Province of
Saskatchewan,
ii. A registered charity authorized to issue tax receipts for
donations pursuant to The Income Tax Act, or
iii. An organization that can demonstrate that it is formed for social,
educational, religious or philanthropic purposes from which the
members do not receive any direct economic gain.
d) "Childcare Center" shall mean a Family Child Care Home and Group
Family Child Care Home as established within the City's Zoning Bylaw.
e) "Contractor" and "Subcontractor" shall mean a person who
constructs, alters, maintains, repairs or removes buildings or
structures, installs heating plants, plumbing or other fixtures or
performs other similar work in the City and who does not have a
Business Licence Bylaw No. 14/2018
Page 3
business premises in the City.
f) "Designated Official" means the City Manager, or other person(s)
designated by him or her to issue business licenses and enforce this
bylaw, including but not limited to Planning Staff and Bylaw
Enforcement Staff.
g) "Direct Seller" shall mean direct sellers and direct sales contractors
as defined by and licensed with the Province under The Direct Sellers
Act who do not have a business premises in the City.
h) "Farmers' Market" shall mean a group of persons operating
collectively which sells products that they bake, make, or grow.
i) "Home-Based Business" shall mean a home-based business and
home-occupation as established within the City's Zoning Bylaw.
j) "Trade Fair" shall mean a place where the public is invited and where
goods or merchandise are offered for sale by retail or auction on a
short-term basis such as hobby shows, home improvement shows,
sportsman shows, flea markets and craft shows.
k) "Transient Trader" shall mean any person who carries on business
within the City of Meadow Lake who:
i. offers goods or merchandise for sale by retail or by auction; or
ii. solicits any person who is not a wholesaler or retail dealer for
orders for the future delivery of goods and/or merchandise; and
iii. who is not assessed commercial property tax or who is not the
tenant of the owner of assessed commercial property.
l) "Unclassified" shall mean every person carrying on any trade or
business not otherwise specified in this bylaw.
PART II - GENERAL LICENSING
Licence Required
4.
No person shall carry on a business within the corporate boundaries of the
City of Meadow Lake without a valid and subsisting licence issued pursuant to
this bylaw.
5.
Notwithstanding Section 4, a licence shall not be required for:
a) Any business carried on by the City;
b) Any activity undertaken by a charity;
c) Any activity carried on by a person under the age of eighteen (18);
d) Any business that operates from a premise located on property that the
City assesses and taxes as commercial or industrial property; and
e) Such other activities as Council may by resolution exempt from the
requirements of this bylaw.
Application
6.
Any person seeking a licence must apply in writing to City Hall.
7.
Each application for a licence under this bylaw shall include the following
information:
a) The name and address of the applicant;
b) The nature of the business for which the licence is required;
c) The place where the business is to be exercised or carried on;
d) The period for which the licence is required;
e) The contact phone number for the applicant;
f) The name under which the business will be operated;
Business Licence Bylaw No. 14/2018
Page 4
g) Proof of compliance with the Zoning Bylaw, where applicable;
h) Estimated annual business revenue, if applying for a reduced licence
rate; and
i) Any other information which may be reasonably requested by the City.
8.
The licence shall be in the form such as prescribed by the Designated Official.
Licence Fee
9.
The fee for licences shall be those prescribed and fixed by Schedule "A" of
this Bylaw. A person will not be issued a licence until the fee outlined in
Schedule "A" has been paid.
10.
Subject to the provisions of this Bylaw, the licence fee shall be calculated
based on the annual revenue for the immediately preceding year, or in cases
where no historical information is available, based on the projected revenue
for the upcoming year.
11.
a) Subject to subsection 11(b), no fee in respect to either a new licence
application or an annual renewal of a licence shall be prorated for any
reason.
b) The licence for a business in its first year of operation may be prorated
to the following:
i. From January 1 to August 31, 100% of the licence fee;
ii. From September 1 to December 31, 50% of the licence fee.
12.
Every licence granted under this bylaw, unless specifically mentioned to be
for a shorter period and unless cancelled or revoked, shall be for the calendar
year at the time of the issue and shall expire on the 31st day of December
next succeeding the date of issue.
13.
No rebate shall be allowed or granted to any licensee, in respect of forfeiture
of a licence or on account of the non-use of the rights and privileges thereby
granted, or for any other cause, unless the consent of City Council is granted
by resolution.
Granting of Licenses
14.
In the case of application for a new licence or an application for renewal of an
existing licence, the Designated Official may issue such licence or renewal of
licence without referring the application to the Council, unless in his/her
opinion, circumstances warrant reference of the application for Council's
approval.
15.
The City may issue licenses in the following circumstances:
a) The required application form has been completed;
b) The required licence fee has been paid;
c) If required, the necessary provincial licence has been produced; and
d) The business or premises occupied by the business complies with all
the zoning, building and other requirements of the City.
Renewal
16.
A person must renew their licence annually in the manner prescribed by the
City on or before February 28 of each year.
17.
A person must pay the renewal fee provided for in Schedule "A" when
renewing the licence.
18.
If a licence has not been renewed by the deadline of February 28, then the
business will be recorded as closed and removed from the City's website
directory.
Business Licence Bylaw No. 14/2018
Page 5
19.
Any business that wishes to renew their licence once the business has been
recorded as closed must follow all the steps that are required to apply for a
new licence.
Good Standing
20.
All persons who obtain or renew a business licence, unless revoked or
suspended under this Bylaw, shall be considered in good standing with the
City and each business shall have the option to be listed in the City's website
directory at no additional cost.
Licence Not Transferable
21.
A licensee may not sell, transfer, assign, lease or otherwise trade a licence
from one person or premise to another.
Compliance with Other Regulations
22.
A licence will not be issued under this Bylaw for any business or premises
occupied by the business which does not conform to any zoning, building and
other requirements of the City.
23.
The issuing of a license does not relieve that person or business of the
responsibility of conforming to any zoning, building and other requirements of
the City.
24.
No person to whom a licence is granted under this bylaw shall conduct a
business so licenced on any street, lane, or public place unless the licence
permits that person to do so.
25.
All businesses must adhere to all applicable federal, provincial and municipal
legislation and regulations.
26.
Any licence issued under this Bylaw without the person first obtaining the
required federal or provincial licence is invalid.
Discontinuance or Change
27.
A licence holder must notify the City if a business is discontinued.
28.
A licence holder must notify the City if the contact information, size or nature
of the business changes.
29.
A licence holder must apply for a new licence if the business relocates to or
within a residential area in the City.
Display of Licences
30.
Any licence issued under this Bylaw must be displayed in a prominent place
at the place of business for which the licence was issued or site where work is
carried out under the terms of the licence, or be available to be produced
upon the request of a designated official of the City.
Revocation of Licence
31.
If a licensee contravenes any term or condition of this Bylaw, the City may
suspend or revoke the licence. As per Section 13, there shall be no refund
issued for a revoked licence.
32.
The Designated Official may reinstate a revoked licence if he or she is
satisfied that the licensee is complying with the Bylaw.
33.
The City may refuse to issue or renew a licence, and may impose conditions
on a licence for the following reasons:
a) The applicant or licensee does not or no longer meets the
Business Licence Bylaw No. 14/2018
Page 6
requirements of this Bylaw with respect to the licence applied for or
held;
b) The applicant has breached a condition of the licence;
c) The applicant or licensee or any of its employees:
i. Provides false or misleading information to a Designated
Official;
ii. Has, in the opinion of the Designated Official based on
reasonable grounds, contravened this Bylaw or any applicable
bylaw;
iii. Has, in the opinion of the Designated Official based on
reasonable grounds, contravened the provisions of any federal,
provincial or municipal legislation or regulation; or
iv. Fails to pay any fee or penalty required by this Bylaw; or
d) In the opinion of the Designated Official based on reasonable grounds,
it is in the public interest to do so.
34.
The Licensee shall immediately, upon receiving notification that the licence
has been revoked, cancelled or suspended, cease the operation of the
business.
Right to Appeal
35.
Any licensee or applicant may appeal the denial, suspension or cancellation
of a licence issued under this Bylaw to City Council by making written
application within 30 days of the date of service of the letter from the
Designated Official revoking, denying or suspending the licence.
PART III - SPECIFIC REGULATIONS
Childcare Centers
36.
Each application for a Childcare Center business license, prior to issuance,
shall be reviewed by the Designated Official for compliance to the building
regulations, fire regulations and zoning regulations.
Contractors
37.
In accordance with Subsections 9(2) to 9(5) of The Cities Act, if any
contractor fails to pay the licence fee imposed by this Bylaw, the Designated
Official may give notice in writing to any person by whom the contractor is
employed requiring that person to pay the license fee out of the moneys
payable by that person to the contractor and upon receipt of the notice by that
person, the amount of the license fee shall to the extent of moneys 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.
38.
If the Designated Official gives notice pursuant to Section 37, he or she shall
send a copy of the written notice to the contractor.
Direct Sellers
39.
A person operating as a direct seller must produce the following to the City:
a) A copy of their provincial licence under The Direct Sellers Act; and
b) If selling for a company, a copy of their identification tag issued to them
from their company.
Home Based Businesses
40.
Each application for a Home Based business license, prior to issuance, shall
be reviewed by the Designated Official for compliance to the building
regulations, fire regulations and zoning regulations. If applicable, the
application may also be required to be placed before Council for approval
prior to issuing a licence.
Trade Shows and Farmers' Markets
Business Licence Bylaw No. 14/2018
Page 7
41.
A licence for a trade show or farmers' market is a valid licence for all vendors
operating within the trade show or farmers' market while the trade show or
farmers' market is in operation.
42.
Any person operating as a vendor outside of the hours of operation or
location of a licensed trade show or farmers' market is required to obtain a
valid business licence in accordance with this Bylaw.
Taxis
43.
All taxi companies are required to comply with the City's Taxi Bylaw, as well
as all provisions of this bylaw, and any other applicable municipal, provincial
and federal legislation.
PART IV - ENFORCEMENT
Enforcement of Bylaw
44.
The administration and enforcement of this Bylaw is hereby delegated to the
City Manager.
45.
The City Manager may appoint any employee or agent of the City as a
Designated Official for the purposes of administration and enforcement of this
Bylaw.
Inspections
46.
The inspection of property by the City to determine if this Bylaw is being
complied with is hereby authorized.
47.
Inspections under this Bylaw shall be carried out in accordance with Section
324 of The Cities Act.
48.
No person shall obstruct a Designated Official who is authorized to conduct
an inspection under this Bylaw, or any person who is assisting a Designated
Officer.
Offences
49.
No person shall:
a) Conduct a business without a licence;
b) Conduct a business activity from a premises not identified on a licence;
c) Conduct a business without renewing a licence;
d) Fail to post a licence;
e) Fail to produce a licence upon request by authorized personnel;
f) Advertise or promote a business without a licence;
g) Provide false or misleading information to the City or a Designated
Official of the City;
h) Obstruct or hinder any Designated Official acting under the authority of
this Bylaw; or
i) Fail to comply with any other provision of this Bylaw.
50.
Any form of advertising of business activity shall be deemed to be proof that
the person is carrying on such business activity.
Notice of Violation
51.
Where the Designated Official has reason to believe that a person has
contravened any provision of this Bylaw for which a fixed penalty is listed in
Schedule "B", the Bylaw Enforcement Officer may issue a Notice of Violation
to such person.
52.
If voluntary payment of the amount specified on the Notice of Violation is
made to City Hall within 30 calendar days of the date of the Notice of
Violation, the person alleged to have committed the offence shall not be liable
Business Licence Bylaw No. 14/2018
Page 8
to prosecution for the offence indicated.
53.
Voluntary payment of a Notice of Violation shall not exempt that person from
compliance with the requirements of this Bylaw.
54.
If payment is not received within 30 calendar days of the date of the offence,
an Information may be laid and a Summons issued. Thereafter, voluntary
payment may be made before the returnable date of the Summons to the
City. The penalty shall be the amount shown in Schedule "B" along with an
additional penalty of $60.00 added to the amount if the Summons has been
issued. If the payment is received at City Hall prior to the returnable date of
the Summons, the person charged shall not be subject to further court action.
55.
If payment of the amount specified on the Summons is not made on or before
the date indicated on the Summons, the person to whom the Summons has
been issued shall be liable to prosecution of the alleged contravention of the
Bylaw.
56.
Nothing in this section shall be construed to prevent any person from
exercising his or her right to defend a charge of contravention of any provision
of this Bylaw.
Penalties
57.
Any person who contravenes the provisions of this bylaw is guilty of an
offence and liable on summary conviction to a fine of not more than:
a) $2,000.00 in the case of an individual and, in the case of a continuing
offence, to a further fine not exceeding $100 each day during which the
offence continues; and
b) $5,000.00 in the case of a corporation and, in the case of a continuing
offence, to a further fine not exceeding $100 each day during which the
offence continues.
58.
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.
PART V - OTHER
59.
If any section, subsection, sentence, clause, phrase or other portion of this
Bylaw is for any reason held invalid or unconstitutional by any Court of
competent jurisdiction, that portion shall be deemed a separate, distinct and
independent provision and the holding of the Court shall not affect the validity
of the remaining portions of the Bylaw.
60.
Bylaw No. 1/2013 is hereby repealed effective January 1, 2019.
61.
This Bylaw shall come into force and be effective January 1, 2019.
Introduced and read a first time this 13th day of November, 2019.
Read a second time this 26th day of November, 2019.
Read a third time this 26th day of November, 2019.
______________________________
_______________________________
City Clerk
Mayor
Business Licence Bylaw No. 14/2018
Page 9
SCHEDULE "A" TO BYLAW 14/2018
SCHEDULE OF LICENCE FEES
Business Type
Application Fee
Renewal Fee
Childcare Center
$55.00
$30.00
Contractor
$105.00
$80.00
Direct Seller
$105.00
$105.00
Farmers' Market (per organization, per year)
$105.00
$80.00
Home-Based Business
$105.00
$80.00
Trade Show (per organization, per year)
$105.00
$80.00
Taxis (per taxi)
$105.00
$80.00
Unclassified
$105.00
$80.00
For certain businesses which fall below the annual income threshold of $10,000
Childcare Center
$0.00
$0.00
Contractor
$0.00
$0.00
Home-Based Business
$0.00
$0.00
Unclassified
$0.00
$0.00
SCHEDULE "B" TO BYLAW 14/2018
SCHEDULE OF PENALTIES
Section
Description of Offence
Penalty Amount
49(a)
Conducting a business without a licence
$315.00
49(b)
Conducting business activity from a premises
not identified on a business licence
$105.00
49(c)
Conducting a business without renewal
$315.00
49(d)
Failure to post business licence at premises at
which business activities are being conducted
$105.00
49(e)
Failure to produce licence when requested by
authorized personnel
$105.00
49(g)
Providing false or misleading information to
the City or Designated Official
$315.00