Business License Bylaw No. 2019-3405

Weyburn, Saskatchewan · adopted 2019-12-17

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M-11 (a) 1. I Page -1- CITY OF WEYBURN BYLAWNO. 2019-3405 A BYLAWTO PROVIDE FOR THE LICENSING AND REGULATION OF BUSINESSES WITHIN THE CITY OF WEYBURN TheCouncil of the City of Weyburn, inthe Province of Saskatchewan, enacts a bylawin relation to businesses, business activities and persons engage in business pursuant to subsection 8(1)(h) of The Cities Act, as follows: Title This Bylaw may be cited as the "Business License Bylaw". Purpose The purpose of this Bylaw is to license businesses in the City of Weyburn so as: i) to regulate businesses; ii) to ensure compliance with land use and building regulations; iii)to facilitate planning decisions. iv)to differentiate between businesses operating in a commercial/industrial area, businesses operating out of premises located within the City and those located outside the City of Weyburn's corporate limits. Definitions In This Bylaw "Activity"means any business, occupation, amusement, entertainment, trade, employment, profession or calling and included those businesses particularly , defined in this Bylaw; whether or not so carried on for gain or profit. "Business" means any of the following activities, whether or not for profit and I however organized for 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; "Bylaw Officer" means the individual or designate who is authorized by the City to enforce this bylaw; "Charitable or Non--ProfitOrganization" means an organization that is: i) incorporated as a non-profit corporation in the Province of Saskatchewan; or ii) a registered charity authorized to issue tax receipts for donations pursuant to The Income Tax Act, 2000; 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 "City"means the City of Weyburn. "Council"means the Council of the City of Weyburn. "Direct Seller" means a person who: i) goes from house to house selling or offering for sale; or soliciting orders for the future delivery of, goods or services; ii) by telephone offers for sale or solicits orders from the future delivery of goods or services; or iii)does both of the things mentioned in sub--c|auses (i) and (ii) M41 (aj Page -2- "Home Occupation" means an occupation conducted for a gain entirely within a dwelling unit by members of the family residing in the dwelling unit. "License Inspector" means the License Inspector of the City of Weyburn or anyone acting or authorized by the License Inspector to act in his/her behalf including the City Bylaw Officer or any Peace Officer from the Weyburn Police Service, in the enforcement of this Bylaw. "Person" means an individual or a group of two or more individuals or a Corporation carrying on business in the City of Weyburn. "Resident Business" means a business as defined in The Cities Act, operating within the City of Weyburn boundaries but does not include any business considered a "Non-Resident Business" with fees as stated in Schedule "B" "Non-Resident Business" means a person or persons carrying on any activity or business defined in this Bylaw who are not a resident business with an assessed commercial premise in respect to the activity or business so carried on with fees as stated in Schedule "Transient Trader" means a person carrying on business in the City of Weyburn who: (i) offers goods or merchandise for sale by retail or auction; or (ii) solicits any person who is not a wholesaler or retail dealer for orders for the future delivery of goods or merchandise; but does not include a person: (iii) who is required to be licensed pursuant to The Direct Sellers Act; or (iv) who is an occupant of property that is used for business purposes. License Reguired (a) No person shall carry on any business in the City without a license. (b) A license shall not be deemed an endorsement of the licensee's business practices. (c) Persons required to be licensed under the provisions of this Bylaw are those persons carrying on any activity or business defined in this Bylaw who are a Non- Resident or a Resident Business with or without an assessed commercial premise in respect to the activity or business so carried on; and any license issued shall be subject to compliance with the conditions, if any, as set out in this Bylaw. Application (a) A person must apply in writing to the City Business License Inspector for a license, and the application must include all requested information including: i) name, occupation and address of the applicant; ii) the nature of the business for which the license is required; iii) the location where the business is to be carried on; iv) the area of the premises where the business will be carried on. v) Where any Provincial license is required by law, the applicant shall at the time of submitting application for the license, submit a copy of such Provincial license required by law. vi) Such other information as required by the License Inspector. M--11(a) Page -3- The application shall be in the form of Schedule "A"for Resident Business and Non--Resident Business of this Bylaw. A license may be refused or revoked ifthe applicant has othen/vise failed to meet the requirements of the law to enable the conduct of the business at the location where the business is proposed to be carried on. License Fee (8) (b) A person must pay the fee provided for in Schedule "B"or Schedule depending on whether a Resident business or Non--Resident business, when applying for a license. The fee to be charged for all licenses issued shall be: i) between January 15'and August 315'of the same year, the full rate amount set out in Schedule "B"and Schedule "C". ii) between September 15'and December 315'of the same year, one-half the rate set out in Schedule "B"and Schedule All renewal license fees shall be paid on or before the 315'day of January in each and every year. No license willbe issued until the said fee and any penalties have been paid in full. Where it is deemed necessary to establish a license free not listed on Schedule "B"or "C", the license Inspector shall determine and justify a fair fee based on the standards of this bylaw. Premises Licensed Separately for Resident Business (a) (b) ifa business is carried on at more than one location, a person must obtain a license for each location. ifmore than one business operates from a parcel or site, each separate entity must obtain a license. a license issued under the provisions of this Bylaw is only valid at the location for which it is issued. a license may be issued in the name of the owner/operator of a retail mall for the common area of the mall to cover seasonal occupancy. In this specific case the individual short term business would be covered by the single license issued for the common area of a mall. Provincial License Required (8) (b) (C) A license willnot be issued under this Bylaw to any person required by law to obtain a provincial license, until the person has first produced the required provincial license to the City. Any license issued under this Bylaw without the person first obtaining the required provincial license is invalid. A license issued under this Bylaw does not exempt the Licensee from compliance with other bylaws, statutes or regulations that may be applicable. Duration of License M-11 la) 17. 11. 12. 13. 14. 15. 16. Page -4- All licenses shall be for the current year at the time of issuing to December 313'of the same year. License Renewal A person must renew their license annually in the manner prescribed by the City. Discontinuance or Change (a) A person must notify the City if: i) a business is being discontinued; ii) either the size or nature of the business is changing. (b) A person must apply for a new license if: i) the business is relocating; ii) the business is being purchased or taken over by a new person. License to be Displayed For a "Resident Business", a license issued under this Bylaw must be displayed in a prominent place at the place of business for which the license was issued. For a "Non-Resident Business", a license issued under this Bylaw must be posted in a conspicuous place in the business premises. Zoning and Building Standards A license willnot be issued under this Bylaw for any business or any premises occupied by the business without having first obtained a development permit or written approval from the Development Officer to ensure compliance with the Zoning Bylaw; or any other requirements of the City of Weyburn. Appointment of Inspectors The City Bylaw Officer and/or the License Inspector or their designate willact as an inspector for the purpose of enforcing this Bylaw. Inspections For the purpose of ensuring compliance with this Bylaw, a Bylaw Officer or their designate may, at any reasonable time, enter and inspect any business, house, place or premise licensed under this Bylaw. Offences and Penalties Every person who contravenes a provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine of not more than: i) $2,000 in the case of an individual; and ii) $5,000 in the case of a corporation. Descriptions of license types: (1) Auctioneer: Any person offering for sale goods, wares, merchandise, machinery, effects, automobiles, farm animals or livestock, by public auction, who does not have an established place of business in the City. (2) Bicycle: No person shall ride a bicycle in the City without first registering that bicycle by purchasing a one time license. The license shall be valid as long as that bicycle remains the property of the registered owner, and shall be affixed to the bicycle. In all other respects, bicycles shall be subject to the conditions as set for in the Traffic Bylaw of the City of Weyburn. M-11 la) (4) (5) (8) (9) (10) (11) (12) (13) (14) Page -5- Canteen/Concession: Any person who operates a place, portable shelter or mobile conveyance where food, drink or confectionaries are prepared or sold for public consumption. Christmas Tree Vendor: Any person that sells or offers for sale Christmas trees on any site outside of a building, but shall not include any: (a) charitable or nonprofit organizations, or (b) resident business with assessed commercial premises from which it conducts Christmas tree sales. Circus, Carnival, Rodeo, Travellinq Show, Exhibition: Any owner or manager of a travelling circus, carnival, rodeo or other similar travelling show or exhibition. No performance or exhibition of any circus, menagerie, hippodrome or other like travelling exhibition or sideshow connected therewith shall be given during the holding of the Weyburn Agriculture Exhibition or during the period twenty--one days prior thereto, unless prior authorization is obtained from the Weyburn Agricultural Society. Cleaning/Janitorial/Fumigator: Any person carrying on business in the City as a cleaning service, including septic tanks or like business, including any person performing the duties of a janitorial service or house cleaning service and a fumigator or exterminator. Contractor: Any person who carries on business in the City as a contractor, jobbing contractor, building contractor, municipal contractor (whether for waterworks, sewerage or otherwise), painter, cabinet maker, tinsmith, drywall, plumber, electrician, welder, mason bricklayer, plasterer, decorator, or other trade relating to the building or construction industry. Day Care Home: Any person operating a day care in a private residence where care, protection and supervision are provided. Direct Sales: No person shall carry on the business of direct selling within the City unless the holder of a subsisting license under The Direct Sellers Act, and has paid to the City the fee prescribed in Schedule "C"to this bylaw. Dray/Delivem/Limousine Service: o Dray/Delivemz Any person carrying on the business of a dray service and using a motor vehicle in the course of such business for the transportation of food, drinks, furniture, goods, stone, gravel, earth, lumber, wares, merchandise or any other commodity whatsoever into or within the City, providing that no person who solely passes through the City without making a delivery or pickup shall be liable. o Limousine: Any person operating a vehicle transportation service where the vehicle is chauffeur driven, is not equipped with a taxi meter, two--wayradio or similar communication device, and does not cruise the streets for the purpose of picking up passengers. Every person employed as a driver for a Limousine Services licensed pursuant to the Bylaw shall possess the appropriate class of Saskatchewan Driver's License, which shall be produced upon reasonable request by a ' member of the Weyburn Police Service or by the License Inspector. Farmers Market: Any person operating a Farmers' Market where produce, fruit, baking, handicrafts and other similar products are offered for sale by the producer. Trade Show: Any person operating a Trade Show where space, booths, stalls or tables are leased to persons for the sale of goods, hobby collections, crafts, works of art or produce grown in Saskatchewan. Home Occupation: Any person operating a business from their residence who has obtained a Home Occupation permit as per the current City of Weyburn Zoning Bylaw. Landscape Gardener: Any person designing, planting, sodding and/or maintaining lawns, trees and gardens. i M11 (21) (17) (13) l (19) (20) \ Page -6- Photographer: Any person carrying on a commercial photography business and not having an established place of business in the City. Professional: Any person carrying on or practicing a profession in the City who does not have an established commercial property in the City in respect of the carrying on of the said profession, and shall include a Doctor, Lawyer, Optometrist, Chiropractor, Engineer, Architect, Consultant, Accounting, Income Tax, Book kepper, Real Estate, Veterinarian, or any other profession generally knows as such. Public Hall -- Not Assessed: Any person operating a hall which is rented for dances or other entertainment, whether regularly or occasionally; provided that this subsection shall not apply to halls assed for taxes. Tow Truck Service: Any person operating for hire a tow truck service for the purpose of towing and/or battery boosting vehicles in the City. Transient Trader: Alltransient traders as defined by The Cities Act, are required to obtain a license prior to selling goods within the City of Weyburn. No owner or manager of a motel, hotel, mall, commercial building or site shall knowingly permit any salesperson to set up retail business on the premises or site without first ascertaining that such salesperson holds a valid license to operate in the City. Non Classified: Any person carrying on any business, activity, calling, trade or occupation that is not specifically provided for in this Bylaw shall be liable to a fee established by the License Inspector upon determining the nature of the operation and relating it to others included in the Bylaw. 17. Repeal Bylaws That General License Bylaw 2001-2072, and amending bylaw 2010-3187 of the City of Weyburn; and Business License Bylaw 1999-2028 of the City of Weyburn are hereby repealed. 18. Coming into Force /_ _. This Bylaw comes into force and takes effect as of January 1','.2020. /"C2144/tZ4 ?y//J? MAYOR CITY CLERK READ a first time this 9"'day of December, 2019. READ a second time this 9"'day of December, 2019. READa third time this 9"'day of December, 2019, and passed. M--11(a) Page -7- SCHEDULE "A" TO BUSINESS LICENSE BYLAW NO 2019-3405 APPLICATION FOR BUSINESS LICENSE Name of Person Applying: Trade Name: Owner/Proprietor/Partners, etc: Mailing Address: City: Province: Postal Code: Telephone No.: Home Business Fax Email Address I Location of Activity or Business (Residentonly): ;Nature and Type of Business Activity: 'Place Where Activity or Business is to be Carried On: Weyburn 'Numberand Date of Provincial License (ifapplicable): The applicant hereby agrees to be responsible for the Business License in connection with the respective business until such time as it notifies the City of Weyburn in writing that the applicant is no longer carrying on such business in 'Weyburn. The applicant hereby recognizes and agrees that it is his/her responsibility to secure and comply with all applicable Federal, Provincial and Municipal Government laws, regulations and licenses respecting this proposed business and that the City's BusinessLicense is effective for the current year and is non-refundable. 'Application Date Signature of Applicant M-11 (23) Page -8- SCHEDULE "B' TO BUSINESS LICENSE BYLAW NO. 2019-3405 - RESIDENT Resident Business License Fee: (1) For resident business paying the fee prior to and including March 15th each year $50.00 (2) For resident business paying the fee after March 15"' $75.00 (3) For new business the fee payable shall be as stated in (1) for a period of forty-five (45) days from start--upof business or invoice date, whichever occurs first, and thereafter the fee shall be as shown in (2). M--11(a) Page -9- SCHEDULE "C' T0 BUSINESS LICENSE BYLAW NO. 2019-3405 -- NON- EESIDENT Non-Resident License Fee: 1. Auctioneer 200.00 :2. Bicycle -- Lifetime 10.00 6. Canteen/Concession - Mobile Vendor 140.00 o Ice Cream Vendor 75.00 4. Christmas Tree Vendor -- per location 100.00 (Excludes charitable or non-pro?t organizations, or resident business with assessed commercial premises from which it conducts Christmas) 5. Circus, Carnival, Rodeo, Travelling Show, Exhibition - First day 310.00 - Each additional day 130.00 -- Ifoperated or sponsored by a charitable or non- profit organization and proceeds are devoted to promoting community or charitable purposes 50.00 6. Cleaning/Janitorial/Fumigator 145.00 - House or Window Cleaning only 85.00 I7. Contractor - Building or General 420.00 - Plumbing and Heating, Electrical, Painting and Decorating, Cabinet Maker, Masonry, Plaster and Drywall, Roo?ng, Welder, Building Mover and 300.00 any other contractors 8. Day Care Home - 1 to 3 children Exempt - 4 to 6 children 100.00 -- more than 6 children 125.00 Direct Sales 30.00 - Direct Sales Contractor 100.00 110. Dray/Delivery or Limousine Service - Each Vehicle 145.00 111. Farmers Market 190.00 '12. Home Office/Occupation ' (Income Tax Consultant/Real EstatelTow Truck) 200.00 13. Landscape Gardener 100.00 14. Photographer 195.00 15. Professional (Income Tax, Bookkeeper, Real Estate, etc.) 240.00 '15. Public Hall -- Not Assessed 155.00 17. Tow Truck Service 70.00 Page -10- M--11(a) 18. Trade Show - Per Sale 125.00 - Per Year 250.00 19. Transient Trader Fish, Fruit or Produce Dealers: ; -Per Day 55.00 -Maximum 255.00 I AllOther: 3 -Per Day 200.00 -Maximum 1,000.00 20. Non Classi?ed 3 Fee to be established by License Inspector : For all non-resident businesses, an additional charge or penalty of 1.5% per month, compounded, may be made on all fees unpaid on and after the dates fixed for payment.