This is the exact embedded text of the captured official document.
Snapshot f215322e82fc · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Licensing Bylaw
BYLAW NO. 2 - 1997
Disclaimer:
This information has been provided solely for research convenience. Official bylaws are
available from the Office of the City Clerk and must be consulted for purposes of
Interpretation and application of the law.
Consolidation includes the following Amendments:
Amendments
Date Passed
Bylaw No. 11 - 1997
March 17th, 1997
Bylaw No. 2 - 2003
January 20th, 2003
Disclaimer:
This information has been provided solely for research convenience. Official bylaws are
available from the Office of the City Clerk and must be consulted for purposes of
Interpretation and application of the law.
Bylaw No. 2 - 1997
Page 1 of 34
BYLAW NO. 2 - 1997
A BYLAW of the City of Swift Current to provide for the licensing, regulating and
governing of business/persons engaged in certain activities and places used for certain
purposes.
THE COUNCIL OF THE CITY OF SWIFT CURRENT, SASKATCHEWAN, IN COUNCIL
ASSEMBLED ENACTS AS FOLLOWS:
PART 1:
SHORT TITLE AND DEFINITIONS
1.0
This Bylaw may be cited as the "Licensing Bylaw".
2.0
BASIS FOR LICENSING
The basis for Municipal Licensing is to ensure that every business/person, prior
to the commencement of any activity within the corporate boundaries of the City
of Swift Current provide or obtain all necessary approvals and information
required pursuant to this Bylaw prerequisite to the issuance of the business
license, and to insure that once licensed, the business/person complies with all
terms and conditions of their license as set out under this Bylaw.
3.0
DEFINITIONS OF SPECIAL TERMS AND TYPES OF ACTIVITIES
Whenever the following words occur in this Bylaw they shall have the following
meaning, unless a contrary intention appears or unless such meaning is
inconsistent with the context:
3.1
"ACTIVITY" means a business, occupation, amusement, entertainment,
trade, employment, profession or calling and includes those businesses
particularly defined in this Bylaw, whether or not so carried on for gain or
profit.
3.2
"ADVERTISING CANVASSER" means a business/person soliciting or
taking orders for advertising matter that is not intended for insertion or
use in a local newspaper, periodical or other local advertising medium.
3.3
"ADVERTISING DISTRIBUTOR" means a business/person that carries
on the distributing of almanacs, blotters, cards, catalogues, circulars,
coupons, calendars, dodgers, flyers, handbills, posters, samples,
thermometers, directories or any other like article or matter that are
designed or intended to advertise any article, product, trade or business.
3.4
"ADVERTISING SIGN ERECTOR" means a business/person that erects,
posts, changes, removes or maintains any advertising sign, including hot
air balloon signage.
3.5
"AMUSEMENT ARCADE" means a business where three (3) or more
machines, games or devices are kept for the purpose of furnishing skill,
entertainment or amusement to the public for a fee.
Bylaw No. 2 - 1997
Page 2 of 34
3.6
"APPROVED HOME" means a facility, licensed pursuant to Provincial
Statute, that provides specialized care to any person. Without limiting the
generality of the foregoing, approved homes may include day care homes
and centres, group care facilities, nursing homes, special care homes,
and personal care homes.
3.7
"AUCTION SALES COMPANY" means an individual, firm or corporation
that conducts the bidding at a sale by auction of any property.
3.8
"AUTOMATIC AMUSEMENT DEVICE" means any instrument or
mechanical device for playing recorded music or any other instrument,
machine or contrivance no matter what means of operation used for
entertainment or amusement.
3.9
"AUTOMATIC VENDING MACHINE" means any automatically or
mechanically coin operated vending machine or device for the sale of any
non-alcoholic beverages or for the sale of any goods or merchandise
including gum, peanuts, candy or other confections, provided that the said
vending machine or device is not owned and serviced by the proprietor of
the business in which the said vending machine or device is located.
3.10
"BOXING, SPARRING OR WRESTLING MATCH" means a match,
contest or exhibition of boxing, sparring, wrestling or fencing in which a
professional contestant or contestants participate.
3.11
"BUILDING MOVER" means a business/person that carries on the
moving of any building or structure into, out of or within the City of Swift
Current.
3.12
"BUSINESS" means a trade, profession, occupation, employment, calling
or the providing of goods or services, but does not include:
3.12.1 the cultivation of plants or the raising of livestock, whether
in an artificial or controlled environment or on land; or
3.12.2 the keeping of bees or the extracting of honey; or
3.12.3 fur farming.
3.13
"CANVASSER" means a business/person going from place to place
canvassing or soliciting in any manner for any kind of business order
whatsoever, and is not a direct seller by virtue of The Direct Sellers Act
and is not otherwise licensed to do so, excluding charitable organizations.
3.14
"CANTEEN" means a booth, stand or vehicle not forming a part of a shop,
store, or dwelling for the business of selling soft drinks, ice cream,
popcorn, peanuts, fruit, candy, coffee, confectionery or other edibles.
Bylaw No. 2 - 1997
Page 3 of 34
3.15
"CARNIVAL" means a carnival or like temporary place of amusement with
or without mechanical rides, sideshows, games of skill or similar
amusements or any exhibition of skill or daring.
3.16
"CARRY ON" means operate, perform, keep, hold, advertise, solicit,
occupy, deal in or use, whether as principal or agent.
3.17
"CATERER" means a person, restaurant, hotel, club or organization
which supplies or furnishes group dinners, banquets or luncheons
elsewhere than in their premises or place of business but shall not include
dinners, banquets or luncheons serviced or supplied on their own
premises by either:
3.17.1 a religious organization primarily for its own members or
adherents or incidentally in furtherance of its work of religious
education; or
3.17.2 auxiliaries to service clubs and fraternal organizations.
3.18
"CHARITABLE
OR
NON-PROFIT
ORGANIZATION"
means
an
organization that is:
3.18.1 incorporated as a non-profit corporation in the Province of
Saskatchewan; or
3.18.2 a registered charity authorized to issue tax receipts for donations
pursuant to The Income Tax Act; or
3.18.3 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.
3.19 "CHIEF OF POLICE" means the officer in command of the City of Swift
Current Detachment of the Royal Canadian Mounted Police or anyone
acting as such during their absence from duty for any cause.
3.20
"CHIMNEY SWEEP" means a business/person that carries on the
cleaning or servicing of chimneys.
3.21
"CHRISTMAS TREE VENDOR" means a business/person or organization
that sells or offers for sale Christmas trees on any site outside of a
building.
3.22
"CIRCUS" means any one (1) or more of the following:
3.22.1 a circus or other like traveling exhibition; or
Bylaw No. 2 - 1997
Page 4 of 34
3.22.2 a menagerie, waxwork, circus riding, rope walking, rope dancing,
tumbling,
gymnastic
performance,
acrobatic
performance,
exhibition of novelties, exotic animals, performing dogs or other
shows.
3.23
"CITY" means the City of Swift Current.
3.24
"CLEANING OR JANITORIAL SERVICE" means:
3.24.1 a business/person that carries on the activity of a window, rug or
upholstery cleaning service, and is not a direct seller by virtue of
The Direct Sellers Act; or
3.24.2 a business/person that by contract with the owner or renter of
offices, business premises, or houses, engages in the cleaning of
such offices, business premises, or houses, or for the supply of
janitorial caretaking services.
3.25
"COLLECTION AGENCY" means a business/person that collects
accounts, rentals or manages properties for others and charges a
commission or fee therefore, other than members in good standing of the
Law Society of Saskatchewan.
3.26
"COMMERCIAL PREMISES" means any non-residential premises,
including but not limited to schools, educational institutions, churches,
and Federal, Provincial or Municipal properties.
3.27
"COMMERCIAL TRAVELER" means a business/person that sells goods,
wares, merchandise or other effects of any kind whatsoever or offers the
same for sale by sample, card, specimen or otherwise for or on account
of any merchant, manufacturer or other person selling directly to the
consumer.
3.28
"CONTRACTOR" means a contractor, sub-contractor, master mechanic,
journeyman or jobber that engages in, or enters into any contract for the
erection, demolition, alteration, repair or removal of buildings or
structures, installation of heating, plumbing or other fixtures, painting
and/or other allied trades and shall include all contractors, sub-
contractors, master mechanics, journeymen or jobbers, undertaking any
municipal work, whether waterworks, sewage or otherwise.
3.29
"COUNCIL" means the Council of the City of Swift Current.
3.30
"DIRECT SELLER" means an individual or firm which is licensed
under The Direct Sellers Act and:
3.30.1 goes from house to house selling or offering for sale or soliciting
orders for the future delivery of, goods or services; or
Bylaw No. 2 - 1997
Page 5 of 34
3.30.2 by telephone offers for sale or solicits orders for the future
delivery of goods or services; or
3.30.3 does both of the things mentioned in 3.30.1 and 3.30.2.
3.31
"DRAYMAN" means a business/person that derives some portion of their
revenue from the operation of a delivery or dray service whether as a
distinct separate business or as an incidental or part of any other
business. For the purpose of this Bylaw every dray, truck, trailer, tractor,
cart, wagon, vehicle, horse or team of horses, attached to any of the
foregoing conveyances used in the transportation of goods, wares,
merchandise, stone, gravel, fuel, building materials, cement, manure,
blacktop or any other thing, or used for the purpose of excavating,
ploughing, moving buildings or for any purpose similar to these, especially
enumerated in this section, shall be deemed a dray unless the context
otherwise requires.
3.32
"FISH, FARM OR PRODUCE DEALER" means a business/person that
offers for sale or solicits orders for the future delivery of fish, farm or
produce, and is not otherwise licensed as a butcher or grocer and is not a
direct seller by virtue of The Direct Sellers Act.
3.33
"FUMIGATOR OR EXTERMINATOR" means a business/person that
carries on the business of fumigator or an insect or rodent exterminator.
3.34
"GARAGE SALE" shall mean the displaying and offering for sale of "used"
household or personal articles, by the owner or occupant of the property.
3.35
"GARDEN TILLING" means the operation of a motorized cultivating outfit
or aerating machine.
3.36
"HOME BASED BUSINESS / HOME OCCUPATION" means an activity
conducted wholly or partly on the business operator's residential
premises.
3.37
"HOME BASED FINE ARTS INSTRUCTION" means the offering of
instruction in any fine art from residential premises, and without limiting
the foregoing may include instruction in dance, painting, sculpting,
pottery, piano, singing, or any other musical instrument.
3.38
"LANDSCAPE GARDENER" means a business/person that carries on the
laying out, improving or developing of gardens, lawns or grounds.
3.39
"LICENSE INSPECTOR" means a person authorized by Council to
administer and enforce the provisions of this Bylaw and anyone acting or
authorized by Council to act as such during their absence from duty for
any cause.
3.40
"LICENSEE" means a business/person holding a valid and subsisting
license issued pursuant to the provisions of this Bylaw.
Bylaw No. 2 - 1997
Page 6 of 34
3.41
"MEDICAL HEALTH OFFICER" means a medical health officer within the
meaning of The Public Health Act, or any successor Act.
3.42
"MUSICAL, THEATRICAL OR DRAMATIC PERFORMANCE" means a
show, entertainment, musical, theatrical or dramatic performance in any
premises, excluding:
3.42.1 when local talent is employed and proceeds are to be devoted to
local charitable, patriotic or educational purposes; or
3.42.2 when non-resident talent in whole or in part performs and the net
proceeds are devoted to local charitable, patriotic or educational
purposes.
3.43
"NON-RESIDENT" means a business/person that is not a resident as
defined by this Bylaw.
3.44
"NOT CLASSIFIED" means any business/person, that is not a direct
seller by virtue of The Direct Sellers Act and where no other fee is
provided by this Bylaw.
3.45
"OFFICE" means a place where non-retail administrative business affairs
are conducted.
3.46
"OFFICE OF CONVENIENCE" means a place, in a residential premises,
where non-retail administrative business affairs are conducted for a
business which operates outside the City of Swift Current.
3.47
"PAWNBROKER" means a business/person that carries on the loaning of
money on the security of the pledge or pawn of personal property or a
business/person that holds themself out as ready to loan money on such
security, but does not include Chartered Banks, Trust Companies, Credit
Unions or other similar institutions.
3.48
"PERSON" means an individual or a corporate body and includes a
partnership, a group of persons acting in concert or in association unless
the context explicitly or by necessary implication otherwise requires.
3.49
"PETTY TRADE" means a saw sharpener, skate sharpener, repair
person, service person or similar petty trade.
3.50
"PHOTOGRAPHER" means a business/person that carries on the
business of photography, and is not a direct seller by virtue of The Direct
Sellers Act.
3.51
"PIANO TUNER" means a business/person that carries on the tuning,
repairing or cleaning of pianos or organs and is not a direct seller by
virtue of The Direct Sellers Act.
3.52
"PRIVATE INVESTIGATOR" means a business/person that carries on the
business of a private investigator, detective or security guard and is not a
direct seller by virtue of The Direct Sellers Act.
Bylaw No. 2 - 1997
Page 7 of 34
3.53
"PUBLIC ACCOUNTANT" means a business/person that carries on
accounting, tax consultant, financial services or other similar services.
3.54
"PUBLIC HALL" means a hall, pavilion, place or building in which
concerts, shows and other special gatherings are held.
3.55
"PUBLIC STENOGRAPHER" means a business/person that carries on
the business of a public stenographer or provides mimeographing,
multigraphing or other like services.
3.56
"PUSHCART" means a hand operated vehicle used or intended to be
used in carrying goods or merchandise.
3.57
"PUSHCART VENDOR" means a business/person that, whether as
principal or agent:
3.57.1 goes about with a pushcart selling or offering for sale goods or
merchandise to any person; or
3.57.2 sells, or attempts to sell, goods or merchandise from a pushcart
on sidewalks or anywhere other than a building which is their
permanent place of business.
3.58
"RESIDENT" means a business in the City of Swift Current or the R.M. of
Swift Current #137.
3.59
"SECONDHAND DEALER" means a business/person that carries on the
exchanging, selling or purchasing of secondhand goods, but does not
include a used car dealer.
3.60
"SECONDHAND GOODS" means personal property of every description,
the same having been previously owned and used by some person.
Bylaw No. 5 - 2003
January 20, 2003
3.61
"SHOPPING MALL" means a shopping mall as defined in the City of Swift
Current's Zoning Bylaw for a Commercial Shopping Center District.
3.62
"SIDEWALK" means that portion of a public highway intended for the use
of pedestrians.
3.63
"TAXICAB" means a business/person that carries on the keeping and
operating of one or more taxicabs and holds a license to operate from the
Highway Traffic Board under the provisions of The Highway Traffic Act.
3.64
"TELEPHONE ANSWERING SERVICE" means a business/person that
carries on the business of an answering service for other businesses or
persons.
3.65
"TOW TRUCK SERVICE" means a business/person that tows or
transports vehicles.
Bylaw No. 2 - 1997
Page 8 of 34
3.66
"TRADER" means a business/person offering goods for sale or soliciting
business by telephone from motel or hotel rooms, and is not a direct
seller by virtue of The Direct Sellers Act.
3.67
"TRANSIENT TRADER" means a business/person that carries on a
business that:
3.67.1 offers goods or merchandise for sale by retail or auction; or
3.67.2 solicits any business/person that is not a wholesaler or retail
dealer for orders for the future delivery of goods or merchandise;
but does not include:
3.67.3 a business/person that is required to be licensed pursuant to The
Direct Sellers Act ;
3.68
"WATER TRUCK" means the delivering of water by truck.
3.69
"WELDER" means a business/person that carries on the business of an
electric, oxyacetylene or cold welder.
3.70
"ZONING BYLAW" means the City of Swift Current's Zoning Bylaw as
amended or replaced from time to time.
PART 2:
APPLICATION OF BYLAW
4.0
APPLICATION OF BYLAW
4.1
Every licensee shall conform to the provisions of this Bylaw and any other
Bylaw applicable to the business, activity or matter in respect of which
such license was issued.
4.2
Every business/person that carries on any activity but is not required to
be licensed pursuant to Part 4 of this Bylaw, shall comply with all of the
provisions of this Bylaw other than applying for a license and paying the
required fee.
PART 3:
LICENSE INSPECTOR
5.0
THE POWERS AND DUTIES OF THE LICENSE INSPECTOR
The License Inspector is hereby authorized and required:
5.1
To receive and deal with all applications for licenses and transfers;
5.2
To keep a record of all applications for licenses and transfers of licenses;
Bylaw No. 2 - 1997
Page 9 of 34
5.3
To sign all licenses and transfers of licenses issued under the provisions
of this Bylaw and to keep full particulars;
5.4
To ascertain as far as reasonably practicable, that all information
furnished by an applicant in connection with an application for a license or
transfer of license is true in substance and in fact;
5.5
To ascertain that sureties signing any bond required by the terms of this
Bylaw are solvent and responsible persons;
5.6
To prepare all licenses or transfers pursuant to the terms of this Bylaw
and to issue all licenses and transfers under this Bylaw;
5.7
As often as practicable, to inspect all premises licensed or required to be
licensed pursuant to the provisions of this Bylaw, in order to ascertain that
such premises comply with the said provisions;
5.8
To administer this Bylaw and as far as practicable, see that all
businesses/persons concerned conform to its provisions and are
prosecuted if they fail to comply;
5.9
To interpret the provisions of this Bylaw and to determine or assign
license categories in accordance with this Bylaw as may be required by
license applicants, and
5.10
To make inquiries with respect to the granting of licenses to secure the
due observance of the bylaws of the City.
PART 4:
GENERAL PROVISIONS
6.0
DEFINITION OF LICENSE
6.1
For the purposes of this Bylaw, a license shall be deemed authorization
for a business/person to do an activity in respect of which any level of
regulation is required under this Bylaw or any other Act or Bylaw.
6.2
A license shall not be deemed an endorsement of the licensee's business
practices.
6.3
A license issued under this Bylaw does not exempt the licensee from
compliance with any other Bylaws, Statutes or Regulations that may be
applicable.
7.0
NECESSITY FOR LICENSE
7.1
No business/person shall within the City carry on any activity, unless such
business/person holds a valid and subsisting license to do so issued
pursuant to the provisions of this Bylaw.
Bylaw No. 2 - 1997
Page 10 of 34
7.2
Any form of advertising or promoting of activity shall be deemed to be
prima facie proof of the fact that the business/person is carrying on such
activity.
7.3
Notwithstanding subsection 7.1 no license shall be required:
7.3.1 for an activity carried on by the City or at a location operated by an
official or employee of the City acting on behalf of the City in his
capacity as such official or employee; or
7.3.2 for such other activities as Council by resolution may from time to
time exempt.
7.4
Notwithstanding any other provision in this Bylaw a license shall not be
required for an activity carried on by the Governments of Canada or the
Province of Saskatchewan nor shall a license be required by any person,
business or for any premises if any Statute of Canada or of the Province
of Saskatchewan exempts such person, business or premises from
requirements of Municipal Licensing.
Bylaw No. 5 - 2003
January 20, 2003
7.5
Nothwithstanding subsection 7.1 no license shall be demanded or
required from any business/person operating within the limits of the
Kinetic Park provided that business/person is operating at an event
sponsored by the Swift Current Agricultrual & Exhibition Board or by
another charitable or non-profit community organization.
Bylaw No. 11 - 1997
March 17, 1997
7.6
Nothwithstanding Subsection 7.1, no Municipal License shall be demanded or
required for an Approved Home operating within the City.
8.0
LICENSE FEE
8.1
FEE ESTABLISHED
All license fees established by this Bylaw are so established pursuant to
The Urban Municipality Act, 1984.
8.2
AMOUNT OF FEES
License fees shall include all fees for an activity as set out in Schedule
'A'.
8.3
FEE REQUIRED
No business/person shall carry on an activity within or partly within the
City without first paying to the City the license fee prescribed in this Bylaw
Bylaw No. 2 - 1997
Page 11 of 34
or in Schedule 'A' for the activity. A license, if issued, shall be null and
void if the payment therefore was made by means of a non-negotiable
instrument, such as a cheque returned as "INSUFFICIENT FUNDS" or
"PAYMENT STOPPED", a stale-dated cheque, or a cheque containing an
error rendering it non-negotiable at date of receipt.
8.4
EXEMPTION
A business/person shall be exempted from paying a license fee under this
Bylaw, where the business/person falls under a category that shows the
license fee as "EXEMPT".
9.0
PAYMENT OF FEES
9.1
Every business/person required to be licensed under the provisions of
this Bylaw shall pay the license fee prescribed in Schedule 'A' prior to
commencement of the activity.
9.2
Every business/person that fails to comply with subsection 9.1 may be
served a "BYLAW VIOLATION TAG" pursuant to Section 28.0.
9.3
Notwithstanding subsection 9.1 and 9.2 for annual renewals, the licensee
shall pay the prescribed fee on or before the date fixed for payment by
invoice from the License Inspector.
9.4
The date fixed for payment shall be forty-five (45) days from the date of
invoice.
9.5
The License Inspector may require payment of fees to be made in the
form of cash, certified cheque or money order.
10.0
INDIVIDUAL LICENSE
Each license shall be issued to a business/person that carries on a particular
business in a specified premises in the City.
11.0
BUSINESS ON SEVERAL PREMISES
Where a business that is required to be licensed under this Bylaw is carried on or
intended to be carried on in more than one premises, a license shall be required
in respect of each premises as though the business carried on in each premises
were a separate business.
12.0
COMBINATION LICENSES
Licenses to carry on two or more activities by one business/person may be
issued on one license form, provided each activity and the proper license fee is
shown separately on such form. Each activity shall, however, be deemed to be
separately licensed.
Bylaw No. 2 - 1997
Page 12 of 34
13.0
LICENSE FEES PAYABLE
All license fees required to be paid under the provisions of this Bylaw, shall be
paid to the City.
14.0
LICENSE APPLICATION
14.1
Applications for a license, for renewal of license, or for a transfer of
license shall be made in writing and, unless otherwise provided, in person
at the office of the License Inspector.
14.2
An applicant for a license shall make application to the License Inspector
on a form supplied by the City furnishing such information as the form
shall require and such additional information as the License Inspector
may reasonably require, including but not limited to the following:
14.2.1 a statutory declaration, with the applicant's signature, where
required by the License Inspector, substantiating the information
contained in the form;
14.2.2 public liability insurance, where required by this Bylaw;
14.2.3 any Federal or Provincial certificate, authority, license or other
document of qualification that may be required in connection with
the activity;
14.2.4 any certificate, recommendation or other approval required by
any provision of this Bylaw in respect of the business; and
14.2.5 the license fee payable in respect of the business as set out in
this Bylaw.
14.3
Every business/person that makes an application for a license shall
submit to all inspections required by the License Inspector with respect to
the business to be licensed and furnish to the License Inspector all
information required.
Licencing Bylaw No. 2 - 1997 - AMENDMENTS
14.4
An application for license for any business or occupation mentioned in
this Bylaw shall be made jointly by all the persons who will be actively
engaged in the management and control of the business and by these
persons only. If, in the course of any license year persons are added to
those sharing the management and control of the licensed operation, then
their names shall be forthwith given to the License Inspector. Failure to
disclose to the City any of the information required herein shall be
grounds for immediate revocation of the license if issued.
15.0
LICENSE SUBJECT TO ZONING REGULATIONS
All applications for a license shall be subject to approval from the Planning and
Growth Development Department pursuant to the provisions of the Zoning Bylaw
Bylaw No. 2 - 1997
Page 13 of 34
before a business license may be issued. This provision shall apply to the
annual renewal of a license. Staff shall be empowered to visit the premises
and/or site holding the business license annually to verify that there are no
zoning violations, building and/or fire code deficiencies at the premises or any
other visible conflict with the Zoning Bylaw, other bylaws or Acts of the Province,
and Statutes of Canada, before an initial business license is issued or for before
any renewal of any existing business license occurs.
16.0
APPROVAL OF CERTAIN CITY DEPARTMENTS
16.1
Except as provided in subsection 16.3, the License Inspector may refer to
the appropriate City Departments or Governmental Agencies all
applications for license or for transfer of license, for any activity requiring
their approval, and shall not issue any license or any transfer of license
until the officials concerned have approved the application.
16.2
If an application is refused or is issued subject to proposed conditions, the
License Inspector shall notify the applicant:
16.2.1 that the application is refused and state briefly the reason for
such refusal; or
16.2.2 that the license will be issued subject to the proposed conditions.
16.3
The provisions of subsection 16.1 shall not apply to an annual application
for renewal of license in respect of the same premises and for the same
type of license, except in cases where the License Inspector has received
notification that the applicant has been convicted in the previous year for
an offense against the provisions of this Bylaw or has information
unfavorable to the issue of such renewal, in which cases the License
Inspector shall notify the applicant of the refusal to issue a renewal of the
license and the grounds of such refusal.
17.0
GRANTING OF LICENSES
17.1
Where any activity licensed pursuant to Part 5 of this Bylaw is otherwise
regulated under any Municipal, Provincial or Federal Authority, the
licensee shall provide to the License Inspector, prior to the license being
granted, proof of qualification where applicable.
17.2
Whenever an applicant for a license has complied with the terms of this
Bylaw and of any other applicable Act or Bylaw, he shall be entitled to the
license applied for upon approval by the License Inspector and upon full
payment of the proper fee.
17.3
The holder of a license issued under this Bylaw shall comply with all of
the provisions of this Bylaw as well as all other Bylaws of the City, Acts of
the Province and Statutes of Canada.
Bylaw No. 2 - 1997
Page 14 of 34
18.0
LIABILITY INSURANCE AND INDEMNIFICATION
18.1
Where, pursuant to any provision of this Bylaw a policy of public liability
insurance is required in connection with the carrying on of any business,
no license to carry on such business shall be issued or renewed until the
applicant furnishes the City with such policy of insurance in a form
satisfactory to the City Director of Finance.
18.2
Every policy of public liability insurance required to be furnished by an
applicant shall:
18.2.1 be issued by an insurance company registered and licensed to
do business in the Province of Saskatchewan, and
18.2.2 be in an amount adequate in the opinion of the City Director of
Finance to cover public liability for all personal injury and property
damage which may occur by reason of the operation of said
business, and such insurance is endorsed.
18.2.2.1 so as to add the City as an additional named Insured
with thirty (30) days written notice to be given to the City
prior to cancellation or material change to the policy.
18.2.2.2 so that the City is to be advised immediately should
such insurance lapse or otherwise discontinue, and
18.2.2.3 to include a cross liability clause reading as follows:
"This policy, subject to the limits of liability stated herein,
shall apply to each Insured in the same manner and to
the same extent as if a separate policy had been issued
to each. Any act or omission on the part of one or
another of the Insured under this policy shall not
prejudice the right or interests of any other Insured."
18.3
Notwithstanding any public liability insurance or the failure of the City to
obtain such insurance, neither the City nor any official, servant, employee
or agent of the City is liable for any damage or loss sustained or suffered
by any person by reason of:
18.3.1 the issuance of any license; or
18.3.2 any acts or omissions of a licensee or person acting on his behalf;
or
18.3.3 anything done or not done in any way connected with a license or
this Bylaw.
18.4
Where a policy of public liability insurance expires during the license year,
the licensee shall provide the License Inspector with a renewal thereof
and where such policy of insurance expires or is canceled or terminated,
then the license for which such policy of insurance is required shall be
Bylaw No. 2 - 1997
Page 15 of 34
automatically revoked and the licensee shall cease carrying on business
until the revocation is lifted or a new license is issued.
19.0
OFFICIALS TO HAVE ACCESS TO LICENSED PREMISES
19.1
Any business for which a license has been issued under the provisions of
this Bylaw shall be subject to at least one initial inspection within one year
of commencement of business by the License Inspector or by any person
duly authorized, and any additional inspections for which approval was
required before the granting of the license by any Municipal Department
or Agency.
19.2
The License Inspector, any officer of the Swift Current Health District or
the Swift Current Emergency Services are hereby authorized to enter into
any lands, buildings or premises within the City to inspect for conditions
that may contravene or fail to comply with the provisions of this Bylaw.
Any person who after demand for inspection has been made by the
inspector, officer or authorized person, refuses admittance to the
premises or place of which said person has charge or control, or
obstructs the inspector, officer or authorized person shall be guilty of an
offense against the provisions of this Bylaw.
19.3
Any premises or place in respect of which a license has been issued
under the provisions of this Bylaw shall also be subject to inspection at all
times by any member of the Royal Canadian Mounted Police and any
person who after demand for inspection has been made by any such
officer refuses admittance to the premises or place of which such person
has charge or control of obstructs such officer, shall be subject to
prosecution for an offense against the provisions of this Bylaw, or if the
circumstances so justify the officer may take appropriate proceedings
under the Criminal Code.
19.4
Any licensee who, on the occasion of such inspection or otherwise,
furnishes to the License Inspector, a member of the Royal Canadian
Mounted Police or authorized person false or misleading information or
information intended to mislead with regard to any matter or thing arising
in connection with such inspection, shall be guilty of an offense against
this Bylaw.
20.0
REVOCATION, REFUSAL OR NULLIFICATION OF A LICENSE
20.1
Where the License Inspector is of the opinion that there are just and
reasonable grounds that a license application should be refused, or an
existing license should be suspended or revoked, or where the License
Inspector and the applicant disagree with respect to the appropriate
classification of the activity, he shall advise the applicant or licensee in
writing of his opinion and of the grounds for that opinion.
20.2
The notice to the applicant or licensee under subsection 20.1 shall be
served by registered mail to the address as contained in the License
Inspector's records.
Bylaw No. 2 - 1997
Page 16 of 34
20.3
Such notice shall also inform the applicant or licensee that Council has
the authority to revoke, suspend or refuse to grant the license in question,
and that the applicant or licensee may request a hearing before Council
by serving written notice within thirty (30) days of receipt of the notice
under subsection 20.2.
20.4
If no notice is received under subsection 20.3 within the thirty (30) days
period, the applicant or licensee shall be deemed to have waived their
right to a hearing and have accepted the License Inspector's decision.
20.5
A suspension of a license under this Section may be for a period of time
not exceeding the unexpired term of the license.
20.6
Where a license is revoked or suspended pursuant to this Bylaw the
licensee shall:
20.6.1 return the license to the License Inspector; or
20.6.2 furnish the License Inspector with proof satisfactory to it of a
renewal or reissue of any certificate, authority, license or other
document of qualifications.
20.7
Council shall not refuse, suspend or revoke a license until the applicant or
licensee has been given a full opportunity to be heard unless the
applicant or licensee has been deemed to have waived their right to a
hearing under subsection 20.4.
20.8
Council may reinstate a suspended license, upon application of the
licensee, if it is satisfied that the licensee is complying with the Bylaw, the
contravention of which gave rise to the suspension.
21.0
DISPLAY AND PRODUCTION OF LICENSE
21.1
DISPLAY LICENSE
21.1.1 Every license issued under this Bylaw shall be made out and
delivered to the licensee who shall post the license in a
conspicuous place in his business premises and whenever
required so to do by the License Inspector, a member of the Royal
Canadian Mounted Police, any assistant, or other duly authorized
person, the licensee shall produce said license for inspection
purposes. Persons failing to post said license shall be guilty of an
offense against the provisions of this Bylaw.
21.1.2 Every licensee who holds a license pursuant to this Bylaw which is
not limited to specific premises, shall, so long as the license is in
force, carry on his person or have immediately available the
license or a duly authorized copy thereof and such licensee shall,
upon request, forthwith produce same to the License Inspector, a
member of the Royal Canadian Mounted Police or any person
Bylaw No. 2 - 1997
Page 17 of 34
with whom he is doing business or soliciting business to which the
license relates. Licensees failing to produce said license shall be
guilty of any offense against the provisions of this Bylaw.
21.2
LOST OR DAMAGED LICENSE
Where any license becomes defaced, obliterated or otherwise illegible or
is lost or mislaid, the licensee shall forthwith apply to the License
Inspector for a replacement, shall produce the license unless same is
lost, and shall pay a fee of Five Dollars ($5.00).
22.0
ISSUANCE OF LICENSE
22.1
A license shall be issued by the City:
22.1.1 under the signature of the License Inspector; or
22.1.2 under the mechanically reproduced signature of the License
Inspector; or
22.1.3 in a form expressly authorized by the License Inspector.
23.0
TRANSFER OF LICENSE
23.1
Unless otherwise disallowed, any subsisting license issued under this
Bylaw may be transferred upon application to the License Inspector,
provided that the applicant has the required qualifications and furnishes
legal documentation releasing the rights and interests of the previous
owner.
23.2
No business/person that purchases the interest of, or part of the interest
of, any person licensed pursuant to this Bylaw shall carry on or continue
such business, activity, profession or other occupation without first having
obtained a transfer or a new license.
24.0
CHANGE IN LICENSE STATUS
24.1
A licensee shall immediately report any material change to the status of
their business, other than that specified in subsection 24.2 to the License
Inspector. Notwithstanding the generality of the foregoing, a material
change shall include:
24.1.1 change of registered business name;
24.1.2 change of mailing address;
24.1.3 change of ownership of the business.
24.2
No business/person to which a license has been issued under this Bylaw
shall change the location of the premises in which they carry on their
business, activity, profession or other occupation without first having
Bylaw No. 2 - 1997
Page 18 of 34
applied to the License Inspector to have their license altered to reflect the
new location and the powers, conditions, requirements and procedure
relating to the granting or refusal of licenses and appeals thereon, shall
apply to all such applications.
25.0
PRORATING OF FEES
25.1
Subject to subsection 25.2 no fee in respect to either a new license
application or an annual renewal of a license shall be prorated for any
reason.
25.2
The license for a business in its first year of operation, or a non-resident
license may be prorated to the following:
Jan. 1
to
June 30
-
100%
July 1
to
July 31
-
60%
Aug. 1
to
Aug. 31
-
50%
Sept. 1
to
Sept. 30
-
40%
Oct. 1
to
Oct. 31
-
30%
Nov. 1
to
Nov. 30
-
20%
Dec. 1
to
Dec. 31
-
10%
25.3
No refunds shall be issued with respect to any license except when
a license is revoked as provided for by The Urban Municipality Act
1984.
26.0
LICENSE YEAR
26.1
The term "LICENSE YEAR" shall mean the period commencing January 1
and ending on the next succeeding December 31.
26.2
Every license issued under the provisions of this Bylaw shall terminate at
midnight on the 31st of December of the year in which said license was
issued unless:
26.2.1 the terms of this Bylaw otherwise expressly provide: or
26.2.2 the license provides otherwise; or
26.2.3 the license has been sooner canceled or forfeited.
26.3
Except as otherwise provided in this Bylaw, a license shall cover the
period from the date of issue to the end of the current license year, but a
license may be issued in advance for any next succeeding license year at
the discretion of the License Inspector.
26.4
Every license shall bear on its face the date on which it is issued and the
date on which it will expire.
Bylaw No. 2 - 1997
Page 19 of 34
27.0
TERMINOLOGY
Unless the context otherwise requires, words importing the singular number shall
include the plural and vice versa; words importing the masculine gender shall
include the feminine and neutral genders.
28.0
OFFENSES AND PENALTIES
28.1
Any business/person that contravenes, disobeys, refuses or neglects to
obey any provision of this Bylaw by:
28.1.1 doing any act or thing which they are prohibited from doing herein;
or
28.1.2 failing to do any act or thing they are required to do herein:
is guilty of an offense and is liable on Summary Conviction to a fine not
exceeding Two Thousand Dollars ($2,000.00) in the case of an individual
or Five Thousand Dollars ($5,000.00) in the case of a corporation in
addition to any license fee he may be required to pay.
28.2
Where the offense is failure to obtain the required license, the convicting
judge may order the license be obtained in addition to imposing a fine.
28.3
Where a License Inspector or a member of the Royal Canadian Mounted
Police has reason to believe that a business/person has contravened any
provision of this Bylaw, including failure to obtain the appropriate license
and pay the required license fee, that inspector or officer may issue a
"BYLAW VIOLATION TAG" to such business/person. Where the offense
is failure to obtain the appropriate license and pay the required license
fee, the "BYLAW VIOLATION TAG" shall indicate that the City will accept
voluntary payment in an amount equal to one hundred per cent (100%) of
the applicable license fee, in addition to payment of the required license
fee at City Hall.
28.4
Where the City receives voluntary payment of the prescribed amount,
including the license fee, under subsection 28.3 the business/person
receiving the "BYLAW VIOLATION TAG" shall not be liable to prosecution
for the alleged contravention.
28.5
A "BYLAW VIOLATION TAG" may be issued by personally serving it
upon the alleged offender or by sending it to the alleged offender by
registered mail.
28.6
Where a business is being carried on in contravention of this Bylaw, or
where the breach of this Bylaw is of a continuing nature or where any
person is carrying on business or is doing any act, matter or thing, is
liable to a fine not exceeding Fifty Dollars ($50.00) for each day such
offense is continued. The City may, in any of these cases, apply to the
Court of Queens Bench by way of action or originating notice for an
injunction or other order, prohibiting the person so contravening the Bylaw
Bylaw No. 2 - 1997
Page 20 of 34
from continuing to carry on the business without obtaining a license and
paying the required fee therefore, or from continuing to carry on the
business without complying with the provisions of this Bylaw applicable to
the business for which the license is required.
28.7
Nothing in this Section shall:
28.7.1 prevent any business/person from exercising their right to defend
any charge of committing a breach of any of the Sections referred
to in this Bylaw; or
28.7.2 prevent the License Inspector or any member of the Royal
Canadian Mounted Police from laying an information or complaint
in lieu of serving a voluntary payment notice; or
28.7.3 prevent any business/person from exercising any legal rights
such a business/person may have to lay an information or
complaint
against
any
business/person
(whether
such
business/person has made payment under the provision of this
Bylaw, or not) for a breach of any of the Sections listed in this
Bylaw.
29.0
SEVERABILITY
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 this Bylaw.
30.0
VIOLATIONS BY A LICENSEE
30.1
If a licensee, partner or shareholder is convicted:
30.1.1 of an offense under the provisions of the Criminal Code with
respect to houses of ill fame, bawdy houses, slot machines,
betting or gaming houses; or
30.1.2 of an offense by its nature is, in the opinion of the Chief of Police,
facilitated by the type of licensed business carried on by the
convicted licensee;
the License Inspector, when informed of the conviction shall give notice to
the licensee under subsection 20.1 that it is in the License Inspector's
opinion that the license should be revoked.
30.2
Upon request of the Medical Health Officer, the License Inspector shall
give notice to the licensee under subsection 20.1 that the license be
suspended or revoked until such time that the Medical Health Officer
certifies that the premises concerned are again fit for use.
Bylaw No. 2 - 1997
Page 21 of 34
30.3
Once the License Inspector has served a notice pursuant to Section 30.0,
in accordance with subsection 20.1, the provisions of Section 20.0 shall
apply with respect to the revocation or suspension.
31.0
FALSE INFORMATION
No business/person shall furnish false or misleading information of any kind
concerning any license application or concerning any records or information
required to be furnished to the License Inspector, Chief of Police, or a member of
the Royal Canadian Mounted Police pursuant to this Bylaw.
PART 5:
REGULATIONS AND SPECIAL PROVISIONS
32.0
APPROVED HOME
No business/person shall operate an approved home without first obtaining the
appropriate approvals from the Swift Current Health District and City of Swift
Current Fire Inspector.
33.0
AUCTIONEER
33.1
Every business/person applying for an auctioneer's license must produce
a valid Saskatchewan Provincial Auctioneer's License.
33.2 Every auctioneer shall:
33.2.1
keep proper books of account in which shall be entered the
names and addresses of all persons who leave goods for sale,
or for whom they have sold goods, and also in all cases when
the purchase price has or ought to have been received by them
or their servant or agent, the names and addresses of all
persons to whom such goods have been sold, the description of
goods sold, and the price obtained for each and every article.
33.2.2
notwithstanding the provisions of subsection 33.2.1 above,
where goods are sold for Twenty-Five Dollars ($25.00) or less,
the auctioneer shall not be required to keep a record of the price
or description of the goods or of the names and addresses of all
persons to whom such goods have been sold.
33.3
Every licensed auctioneer shall, upon receiving any goods, wares,
merchandise or effects for sale at their auction room or elsewhere in the
City, give to the person leaving the same for sale, a receipt therefore
containing a description of every article so left and the date upon which
the same was left. The auctioneer shall retain a true copy of each receipt
issued.
Bylaw No. 2 - 1997
Page 22 of 34
33.4
All books kept by an auctioneer pursuant to subsection 33.1 and all
receipts issued pursuant to subsection 33.2 hereof shall be open to the
inspection of the License Inspector or any member of the Royal Canadian
Mounted Police at all times during business hours.
33.5
No auctioneer shall knowingly or willfully make or permit to be made any
misrepresentation as to the quality or value of the goods, wares,
merchandise or effects they offer for sale.
33.6
Every auctioneer shall within a reasonable time after the sale of any
goods, wares, merchandise, effects or things, prepare and render to
every person for whom such sale is made, a full, true and itemized
account thereof and shall pay to the person entitled thereto all moneys
received by them for such goods, wares, merchandise, effects or things,
deducting therefrom however their reasonable commission and any
disbursements actually made by them and specially authorized by the
person whose goods, wares, merchandise, effects or things have been
sold.
34.0
AUTOMATIC VENDING MACHINES, AUTOMATIC AMUSEMENT DEVICES
AND AMUSEMENT ARCADES
34.1
No business/person shall keep or permit to be installed on their premises,
any automatic vending machine or device which has not been duly
licensed by the City under the provisions of this Bylaw.
34.2
Proof of ownership of the vending machines or device shall be the
responsibility of the proprietor of the business.
34.3
No license shall be granted for an amusement arcade until prior approval
has been given by Council.
35.0
BILLIARD AND POOL HALLS
35.1
No license in respect of any billiard or pool hall shall be granted until the
premises have been inspected by the License Inspector and the Medical
Health Officer and approved as being suitable for that purpose.
35.2
No business other than billiard, pool or like games shall be conducted on
the premises without first having taken out a license therefor.
35.3
No game shall be played for money or anything of value in any premises
in which billiard or pool tables are kept, provided however that nothing
herein contained shall prohibit the holding of tournaments under rules of
local, provincial, dominion or like organizations and the giving of trophies
or prizes at such tournaments.
36.0
BINGO HALLS
All bingos shall be conducted under the Liquor and Gaming Commission
regulations pursuant to Section 190 of the Criminal Code.
Bylaw No. 2 - 1997
Page 23 of 34
37.0
BOXING, SPARRING OR WRESTLING PROMOTION
Any business/person that conducts or sponsors a boxing, sparring or wrestling
promotion shall take out a license for each day such contest or event is to be
held.
38.0
BUILDING MOVER
38.1
Every building mover shall file with the license application and shall
maintain in force during the period that the license is valid, a
comprehensive general liability insurance policy in the amount of One
Million Dollars ($1,000,000.00) in a form satisfactory to the City Director
of Finance.
38.2
No business/person shall conduct the activity of a building mover without
first obtaining:
38.2.1
a Street Transportation Permit, and
38.2.2
a Moving Permit from the Engineering Department.
39.0
CANTEENS
No license may be granted until the applicant produces a certificate from the
Medical Health Officer stating that their premises or vehicles have been
approved.
40.0
CATERER
No license may be granted until a certificate from the Medical Health Officer has
been first obtained and produced.
41.0
CHIMNEY SWEEP
No license may be granted until the City Fire Chief has given approval.
42.0
CIRCUS, TRAVELING EXHIBITIONS, ETC.
42.1
No license may be granted until a provincial license is first produced.
42.2
No circus, menagerie, or other like traveling exhibitions, sideshows or
other entertainment connected therewith shall be exhibited in the City for
a period longer than two (2) days without written permission of the
License Inspector.
42.3
The owner or manager of every show licensed under the provisions of
this Bylaw shall exhibit at the entrance of the said show a placard having
Bylaw No. 2 - 1997
Page 24 of 34
printed thereon a tariff of admission fees to be charged to such show.
The placard and the figures thereon shall be of such size as meets the
approval of the License Inspector.
42.4
Whereas refreshments are sold in connection with any show, the tariff to
be charged for such refreshments shall be exhibited in a conspicuous
place or places in the said show, to the satisfaction of the License
Inspector and the Department of Public Health.
43.0
COLLECTION AGENCY
43.1
No license shall be issued under this section until:
43.1.1
the License Inspector is satisfied that the applicant has obtained
the license required by the Province of Saskatchewan, and
43.1.2
a favorable report from the Chief of Police concerning the record
and character of the applicant.
44.0
CONTRACTOR
44.1
A contractor as herein defined shall supply to the License Inspector, upon
request, the names and addresses of each subcontractor engaged by
them to carry out any of the work on any building or structure which such
contractor holds the contract.
44.2
The issuance of a license hereunder shall not be deemed to authorize
any business activity by a contractor except where such is permissible
pursuant to the Zoning Bylaw.
45.0
DIRECT SELLER
Bylaw No. 5 - 2003
January 20, 2003
45.1
No business/person shall conduct the business of a direct seller before
first obtaining the applicable provincial licenses as well as paying the
required municipal fee as set out in the Schedule 'A'.
45.2
No exemptions from paying the municipal fee are permitted.
45.3
Upon payment of the municipal fee mentioned in subsection 45.1, the
License Inspector shall issue a License Identification Card.
46.0
DRIVER TRAINING INSTRUCTION
46.1
Every business/person carrying on an activity as an independent driver
training instructor licensed pursuant to this Bylaw shall possess a
certificate issued by Saskatchewan Government Insurance showing that
business/person is registered as a driver training instructor and a driver
training school, and produce such certificates upon reasonable request by
Bylaw No. 2 - 1997
Page 25 of 34
a member of the Royal Canadian Mounted Police or by the License
Inspector.
46.2
Every business/person offering driver training instruction to a high school
or that is employed by a driver training school shall possess a certificate
issued
by
Saskatchewan
Government
Insurance
showing
that
business/person is registered as a driver training instructor, and shall
produce such certificate upon reasonable request by a member of the
Royal Canadian Mounted Police or by the License Inspector.
46.3
Every business/person licensed pursuant to this Section that offers driver
training instruction to a high school shall possess a Class 4
Saskatchewan driver's license, which shall be produced upon reasonable
request by a member of the Royal Canadian Mounted Police or by the
License Inspector.
47.0
HOME BASED BUSINESS / HOME OCCUPATIONS
47.1
Every person applying for a home based business license, or transfer of a
home based business license, must obtain the appropriate approval
issued under the provisions of the Zoning Bylaw.
47.2
The regulations as contained in the Zoning Bylaw shall apply in respect of
all home based businesses.
48.0
HOME BASED FINE ARTS INSTRUCTION
48.1
Every person applying for a home based fine arts instruction license, or
transfer of a home based fine arts instruction license, must obtain the
appropriate approval issued under the provisions of the Zoning Bylaw.
48.2
The regulations as contained in the Zoning Bylaw shall apply in respect of
all home based fine arts instruction.
49.0
MUSICAL, THEATRICAL OR DRAMATIC PERFORMANCE
49.1
The applicant for a license to conduct any musical, theatrical or dramatic
performance shall in their application advise the License Inspector of the
number of days they intend to carry on such business and before the
license is granted, shall pay the entire amount of the license fee.
49.2
No license is required to hold a musical, theatrical or dramatic
performance:
49.2.1
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 church or meeting place when all the artists or
other performers are amateurs and the money charged or
collected for or in connection with admission are to be used for
the benefit of the church or meeting place; or
Bylaw No. 2 - 1997
Page 26 of 34
49.2.2
at which non-professional resident talent performs and which is
conducted in any premises, and where the net proceeds are
devoted to charitable or educational purposes.
50.0
PAWNBROKER
50.1
The License Inspector shall not issue a pawnbroker license for any
premises that is already licensed either as an auctioneer or as a
secondhand dealer or both.
50.2
Every pawnbroker shall keep a pawnbroker registry in a form and manner
satisfactory to the License Inspector in which shall be permanently
recorded the following information, which shall be secured and recorded
at the time of each transaction:
50.2.1
an accurate, detailed description of each item of personal
property taken as a pledge and all markings, serial numbers,
make or model or other identification placed or marked on the
property by the manufacturer or vendor thereof;
50.2.2
a statement of any description, mark or specific identification
which has been made on or attached to the property;
50.2.3
the date and time of day when the property was given to the
pawnbroker as security;
50.2.4
the rate of interest which is to be charged on the loan which is
made on the security of the pledge and how the interest shall be
calculated;
50.2.5
the first name, middle initial, surname, address and telephone
number, and a detailed description of the person or persons
from whom the property was acquired, including, but not limited
to, the record of the numbers from two (2) forms of identification
that confirm the name given, one (1) of which must confirm the
name and address given, from the following:
50.2.5.1
social insurance card; or
50.2.5.2
operator's license; or
50.2.5.3
hospital services card; or
50.2.5.4
credit card.
50.2.6
the signature of the person or persons from whom the property
was acquired.
50.2.7
the folio or serial number of the pledge.
Bylaw No. 2 - 1997
Page 27 of 34
50.3
The pawnbroker or any employee of the pawnbroker shall not erase,
obliterate, deface or alter the record made pursuant to subsection 50.2
and shall not direct, allow or suffer any other person to erase, obliterate,
deface or alter the record.
50.4
The record required to be kept by subsection 50.2 and every item of
personal property in the pawnbroker's place of business acquired as a
security for a loan shall at all times be open to inspection by the License
Inspector, a member of the Royal Canadian Mounted Police or any
person appointed by Council or by the License Inspector for that purpose.
50.5
At the time a borrower deposits or delivers any personal property as
security for a loan the pawnbroker or their employee shall, without
requiring or accepting any fee or charge for so doing, deliver to the
borrower a note or memorandum signed by the pawnbroker containing a
summary of the information which is required to be inserted in the record
kept pursuant to subsection 50.2 other than the description of the
borrower.
50.6
A pawnbroker shall not:
50.6.1
allow any property received as security for a loan to be
redeemed or removed from their place of business before
seventy-two (72) hours have elapsed from the time the property
was tendered to the pawnbroker as security, or
50.6.2
sell any property which has been received as security for a loan
and which has not been redeemed within the time allowed to the
borrower for redemption before three (3) months have elapsed
from the time when the property was furnished to the
pawnbroker as a pledge.
50.7
At the time any property received as security for a loan is either
redeemed by the owner or sold because it has not been so redeemed the
pawnbroker or their employee shall enter in the record kept pursuant to
subsection 50.2
50.7.1
the name, address and signature of the person purchasing or
redeeming such property;
50.7.2
the record of the numbers from two forms of identification as
specified in subsection 50.2.5;
50.7.3
the date the sale or redemption;
50.7.4
the signature of the pawnbroker or their employee performing
the transaction.
50.8
A pawnbroker or their employee shall not accept property as security for a
loan or advance a loan on the receipt or promise of delivery of any
property from:
Bylaw No. 2 - 1997
Page 28 of 34
50.8.1
a person who is or who appears to be under the influence of
alcohol or any drug;
50.8.2
a person who actually is or who appears to be under the age of
eighteen (18) years;
50.8.3
any person failing to identify themself adequately as set out in
subsection 50.2.5 herein;
50.8.4
a person who the pawnbroker or their employee knows or has
reasonable grounds to believe may have stolen or otherwise
illegally acquired the property offered for security for a loan.
50.9
No pawnbroker or their employee shall accept property on which the
manufacturer's identification number or serial number has been removed,
defaced, tampered with or in any way altered unless the prior written
approval of the Chief of Police has first been obtained.
50.10 Every pawnbroker shall at all times keep posted in a conspicuous position
on their premises so as to be easily seen and read by persons pledging
goods, on a card or sign having printed or painted thereon the following
information:
50.10.1 the rate of interest permitted by the Criminal Code of Canada to
be charged by pawnbrokers;
50.10.2 the amount which the pawnbroker is entitled to charge for the
notes which they are required to furnish under the provisions of
this Bylaw to a person pledging goods.
50.11 No pawnbroker shall operate a pawnbroker business nor employ anyone
in their pawnbroker business without first obtaining a certificate of
approval from the Chief of Police for themself and each employee.
51.0
PRIVATE INVESTIGATOR
51.1
No license shall be issued under this section until:
51.1.1
the License Inspector is satisfied that the applicant has obtained
the license required by the Province of Saskatchewan, and
51.1.2
a favorable report from the Chief of Police concerning the record
and character of the applicant.
52.0
PUSH CART VENDOR
52.1
No business/person shall carry on the business of:
52.1.1
a pushcart vendor (food products); or
Bylaw No. 2 - 1997
Page 29 of 34
52.1.2
a pushcart vendor (non-food products), without having a valid
and subsisting license therefore issued by the License Inspector
pursuant to the provisions of this Bylaw.
52.1.3
no applicant for a license to be issued pursuant to this Bylaw
shall be issued a license unless the size and design of the
pushcart to be used by the applicant has been approved by the
License Inspector.
52.1.4
no applicant for a license as a pushcart vendor (food products)
shall be issued a license pursuant to this Bylaw unless a Medical
Health Officer has approved the application for such license.
52.1.5
no pushcart vendor shall use any pushcart which has not been
approved by the License Inspector.
52.1.6
no pushcart vendor shall operate a pushcart on any sidewalk in
a Residential District of the City.
52.1.7
a separate license is required in respect of each pushcart
operated by a pushcart vendor.
52.2
No license shall be issued pursuant to this Bylaw until the applicant has
paid to the City the license fee prescribed by this Bylaw.
52.3
No license shall be issued pursuant to this Bylaw unless the applicant has
first provided to the City:
52.3.1
a certified copy of a public liability insurance policy in a form and
an amount satisfactory to the City Director of Finance naming
the City as an additional named insured, and
52.3.2
a certificate in respect of such insurance policy in a form
satisfactory to the City Director of Finance providing that the
insurance policy cannot be canceled or terminated without the
City being given what is in the opinion of the City Director of
Finance sufficient prior notice.
52.4
No pushcart vendor shall operate a pushcart in front of any business
selling the same or similar merchandise without prior written consent of
the business owner.
53.0
SECONDHAND DEALER
53.1
A secondhand dealer shall keep a secondhand registry in a form
satisfactory to the License Inspector in which shall be permanently
Bylaw No. 2 - 1997
Page 30 of 34
recorded, at the time any secondhand goods are acquired, the following
information:
53.1.1
an accurate, detailed description of any personal property
acquired, and any markings, serial numbers or other
identification of such property;
53.1.2
the price paid for such property;
53.1.3
the date of day such property is acquired;
53.1.4
the folio or serial number of the acquisition;
53.1.5
the first name, middle initial, surname, address and telephone
number, and a detailed description of the person or persons
from whom the property was acquired, including, but not limited
to, the record of the numbers from two (2) forms of identification
that confirm the name given, one (1) of which must confirm the
name and address given, from the following:
53.1.5.1
social insurance card; or
53.1.5.2
operator's license; or
53.1.5.3
hospital services card; or
53.1.5.4
credit card;
53.1.6
the signature of the person or persons from whom the property
was acquired.
53.1.7
the license number and description of vehicle in which such
property was delivered, if known.
53.2
A secondhand dealer shall provide a legible copy of any new entries
made in the record kept under subsection 53.1 to the Royal Canadian
Mounted Police as requested, which may be as frequent as daily, and
shall provide any member of the Royal Canadian Mounted Police or the
License Inspector access to the permanent record kept under subsection
53.1 upon request.
53.3
Where any secondhand dealer or employee of a secondhand dealer
believes or has reason to believe that any property which they have
obtained has been or may have been stolen or otherwise fraudulently
obtained he shall notify the Chief of Police or a member of the Royal
Canadian Mounted Police that they have such property in his possession.
53.4
Where a person in the business of selling principally new goods proves to
the satisfaction of the License Inspector that they obtained all
secondhand goods offered for sale or sold by them either:
Bylaw No. 2 - 1997
Page 31 of 34
53.4.1
from persons who furnished the secondhand goods as part of
the consideration from the purchase from them of new goods of
the same or similar type, or
53.4.2
from government surplus stock purchased by them from the
agency disposing of such surplus stock in bulk lots,
then they shall not be deemed to be carrying on a business requiring a
license as a secondhand dealer in respect of that merchandise.
53.5
No secondhand dealer shall, in the conduct of his business nor shall any
employee of a secondhand dealer, accept property from:
53.5.1
any person who actually is or appears to be under the age of
eighteen (18) years,
53.5.2
any person who fails or refuses to produce the required
identification for the purposes of recording the transaction in
accordance with the provisions of this Bylaw, or
53.5.3
a person who is or who appears to be under the influence of any
alcohol or any drug.
53.6
No secondhand dealer shall carry on, or permit or allow to be carried on,
the business of a pawnbroker from the same premises from which the
secondhand dealer business is being carried on.
53.7
No secondhand dealer shall purchase a secondhand good on which the
manufacturer's identification or serial number has been visibly tampered
with, removed, defaced or in any way altered unless the dealer has
obtained prior written approval from the Chief of Police.
53.8
No secondhand dealer shall operate a secondhand business nor employ
anyone in their secondhand business without first obtaining a certificate of
approval from the Chief of Police for themself and each employee.
Bylaw No. 5 - 2003
January 20, 2003
54.0
SHOPPING MALL - TRANSIENT TRADERS
Shopping Malls shall pay the City of Swift Current an annual fee as set out in
Schedule 'A' to cover any transient traders who wish to display or offer for sale
merchandise within the confines of the shopping mall.
55.0
TRADERS
Every license issued shall state specifically the kind or kinds of goods or
merchandise the licensee is authorized to offer for sale within the City.
Bylaw No. 2 - 1997
Page 32 of 34
56.0
TRANSIENT TRADER
No application for license shall be granted unless the location is properly zoned
and approved. No owner or manager of a motel, hotel, commercial or industrial
building or site shall knowingly permit any person or company to set up retail
business on his premises or site, without first ascertaining that such salesperson
or company holds a valid license to operate in the City.
57.0
SALE OF COMMODITIES
There shall be no merchandise displayed or sold on the premises in a
Residential District.
58.0
STORAGE OF COMMODITIES
There shall be no exterior display or storage of any merchandise or material
relating to home based business in a Residential District.
59.0
REPEAL OF FORMER BYLAWS
Bylaw No. 38-1989 and all amendments thereto are hereby repealed.
THIS BYLAW shall come into force and have effect from the date of final passing.
MAYOR
CITY CLERK
INTRODUCED AND READ a first time this 20th day of January, 1997.
READ a second time this 20th day of January, 1997.
READ a third time and finally passed this 20th day of January, 1997.
Bylaw No. 2 - 1997
Page 33 of 34
SCHEDULE 'A'
CATEGORY: 1
TITLE: Basic License (unless otherwise noted)
DESCRIPTION
LICENSE
FEE ($)
Resident - home based
100
Resident - commercial premises
100
Non-resident
200
CATEGORY: 2
TITLE: Boxing, Sparring or Wrestling
DESCRIPTION
LICENSE
FEE ($)
Per day of promotion
100
Operated or sponsored by a service club and the proceeds
devoted to promoting community or charitable purposes.
10
CATEGORY: 3
TITLE: Canteens and Push Carts
DESCRIPTION
LICENSE
FEE ($)
Canteen
- residential
100
- commercial premises
100
Push Cart
- yearly
100
- summer seasonal (April 1 - Sept. 30)
50
CATEGORY: 4
TITLE: Carnivals
DESCRIPTION
LICENSE
FEE ($)
First day
250
Each additional day
125
Operated or sponsored by a local service club and the
proceeds
are devoted to promoting community or
charitable purposes
10%
of
Above
CATEGORY: 5
TITLE: Christmas Tree Vendor
DESCRIPTION
LICENSE
FEE ($)
Per location
100
Operated or sponsored by a local service club and proceeds are
devoted to promoting community or charitable purposes.
10
CATEGORY: 6
TITLE: Circus, etc.
DESCRIPTION
LICENSE
FEE ($)
First day
370
Each additional day
260
Menageries, waxworks, etc. - each day
160
Operated or sponsored by a local service club and the
proceeds
are devoted to promoting community or
charitable purposes
10%
of
Above
Bylaw No. 2 - 1997
Page 34 of 34
CATEGORY: 7
TITLE: Direct Sellers
DESCRIPTION
LICENSE
FEE ($)
Division A: Provincial License
30/person
Division B: Provincial License
20/person
CATEGORY: 8
TITLE: Fish, Farm or Produce Dealer
DESCRIPTION
LICENSE
FEE ($)
Resident - home based
100
Non-resident
200
CATEGORY: 9
TITLE: Garden Tilling or Snow Removal
DESCRIPTION
LICENSE
FEE ($)
Resident - home based
35
Non-resident
70
CATEGORY: 10
TITLE: Home Based Fine Arts Instruction
DESCRIPTION
LICENSE
FEE ($)
Resident - home based
100
Resident - commercial premises
100
CATEGORY: 11
TITLE: Shopping Malls, Transient Traders
DESCRIPTION
LICENSE
FEE ($)
Basic Fee - per year
2,500
CATEGORY: 12
TITLE: Musical, Theatrical or Dramatic Performance
DESCRIPTION
LICENSE
FEE ($)
First day
100
Each additional day
50
Operated or sponsored by a local organization, church or service club
and the proceeds are devoted to promoting community or charitable
purposes.
Exempt
CATEGORY: 13
TITLE: Office of Convenience
DESCRIPTION
LICENSE
FEE ($)
Resident - home based
Exempt
CATEGORY: 14
TITLE: Public Halls
DESCRIPTION
LICENSE
FEE ($)
Resident
Exempt
CATEGORY: 15
TITLE: Traders, Transient Traders
DESCRIPTION
LICENSE
FEE ($)
Non-resident
1,000