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Bylaw No. 2018-09
Business Licence Bylaw
Page 1 of 15
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CAO
Presiding
Officer
WHEREAS section 265(c) of the Municipal Act, RSY 2002, c. 154 provides that council may
pass bylaws with respect to businesses, business activities, and persons engaged in business;
and
WHEREAS section 266 of the Municipal Act provides that council may in such bylaws regulate,
control or prohibit, and provide for a system of licences, inspections, permits or approvals;
THEREFORE, pursuant to the provisions of the Municipal Act of the Yukon, the Council of the
City of Dawson, in open meeting assembled, ENACT AS FOLLOWS:
PART I - INTERPRETATION
1.00
Title
This Bylaw may be cited as the "Business Licence Bylaw".
2.00
Purpose
The purpose of this Bylaw is to provide for the Licensing of businesses within the City of
Dawson.
3.00
Reference to a Bylaw
For the purpose of this Bylaw, any reference to any other bylaw, unless otherwise stated,
refers to a City of Dawson bylaw.
Bylaw No. 2018-09
Business Licence Bylaw
Page 2 of 15
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CAO
Presiding
Officer
Table of Contents
PART I - INTERPRETATION ........................................................................................................ 1
1.00
Title ................................................................................................................................. 1
2.00
Purpose .......................................................................................................................... 1
3.00
Reference to a Bylaw ..................................................................................................... 1
4.00
Definitions ....................................................................................................................... 3
PART II - APPLICATION .............................................................................................................. 5
5.00
Activities Not Requiring A Business License .................................................................. 5
6.00
Administration Of Business Licenses ............................................................................. 6
7.00
General License Conditions ........................................................................................... 7
8.00
Special Conditions .......................................................................................................... 8
9.00
Business Licensing Fees ................................................................................................ 9
10.00
Liability Insurance ....................................................................................................... 9
11.00
Buskers ....................................................................................................................... 9
12.00
Mobile Vendors ......................................................................................................... 10
13.00
Mobile Refreshment Stands ...................................................................................... 10
14.00
Special Events .......................................................................................................... 11
15.00
Suspension And Revocation Of A License ............................................................... 11
16.00
Appeal ....................................................................................................................... 12
17.00
Penalties ................................................................................................................... 13
PART III - FORCE AND EFFECT .............................................................................................. 13
18.00
Severability ............................................................................................................... 13
19.00
Appendices ............................................................................................................... 13
20.00
Repeal ....................................................................................................................... 13
21.00
Enactment ................................................................................................................. 13
22.00
Bylaw Readings ........................................................................................................ 14
PART IV - APPENDICES ............................................................................................................ 15
Appendix 1 - Voluntary Fines ................................................................................................. 15
Bylaw No. 2018-09
Business Licence Bylaw
Page 3 of 15
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CAO
Presiding
Officer
4.00
Definitions
In this Bylaw:
(a) Unless expressly provided for elsewhere within this Bylaw the provisions of the
Interpretations Act, RSY 2002, c. 125, shall apply;
(b) "business" means
I.
any commercial, merchandising, or industrial activity or undertaking, or
II.
any profession, trade, occupation, calling or employment, or
III. any activity providing goods or services for the purpose of gain or profit.
(c) "busker" means an individual or group who provides street performances for the
public by playing an instrument, singing, dancing, juggling, miming, performing
magic or providing other entertainment in a public place accepting voluntary
donation.
(d) "Bylaw Enforcement Officer" means a person employed by the City of Dawson to
enforce bylaws;
(e) "CAO" means the Chief Administrative Officer for the City of Dawson;
(f) "carry on or operate a business" includes the action of any person providing any
business activities including advertising by newspaper or any other means that the
business activity is available.
(g) "CDO" means the Community Development and Planning Officer for the City of
Dawson;
(h) "child care services" means a business providing day care, day camp, childcare,
play school, or other similar types of services.
(i) "city" means the City of Dawson, Yukon Territory.
Bylaw No. 2018-09
Business Licence Bylaw
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CAO
Presiding
Officer
(j) "Farmers' Market" means a temporary or seasonal market for the display and sale
of farm produce and products in an open air or indoor venue.
(k) "flea market or bazaar" means the occasional sale of crafts and trinkets.
(l) "hawker or peddler" means any person who, whether as principal or agent:
I.
goes from place to place selling or offering for sale any merchandise or services
to any person, or
II.
sets up tables, carts, mobile displays or any other temporary structure to offer or
expose for sale to any person goods, wares, or merchandise, or
III. Robert Service School (RSS) students or local community organizations
fundraising for specific events and/or activities are not considered hawkers or
heddlers and are permitted to participate in door to door fundraising activities in
residential zones.
(m) "Inter-Municipal Business License" means a business license purchased in addition
to the standard business license allowing the licensee to conduct business in other
participating Yukon communities. An Inter-Municipal Business License may be
purchased from any Association of Yukon Communities (AYC) municipality
participating in the program.
(n) "local business" means any business which operates from a permanent residence
within the Tr'ondëk Hwëch'in Traditional Territory.
(o) "mobile refreshment stand" means a non-permanent and/or portable booth, stand, or
vehicle for the sale of food, beverages, or refreshment, prepared or cooked on the
vehicle, and includes, without limitation hot dog, sausage, hamburger carts or similar
stands.
Bylaw No. 2018-09
Business Licence Bylaw
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CAO
Presiding
Officer
(p) "mobile vendor" means an independently operated vehicle or structure occupying
private space typically for the purpose of providing retail products, and/or services
for commercial sale by a business entity, in an outdoor setting to either passers-by
or seated patrons.
(q) "non-local business" means a business that is not a local business nor a regional
business.
(r) "person" means any individual, association, firm, partnership, corporation, agent or
trustee and the heirs, executors, or other legal representatives of a person to whom
the context can apply according to law;
(s) "public land" means land that is owned by or under the care and control of the City
of Dawson.
(t) "regional business" means any business which operates from a permanent
residence outside of the Tr'ondëk Hwëch'in Traditional Territory but within the Yukon
Territory.
(u) Tr'ondëk Hwëch'in Traditional Territory means the area within the boundaries of the
Tr'ondëk Hwëch'in Traditional Territory.
PART II - APPLICATION
5.00
Activities Not Requiring A Business License
The following businesses are hereby exempted from requiring a business license:
(a) residential garage sales of less than forty eight (48) hours in duration;
(b) the sale of a limited number of homemade, souvenir, or miscellaneous type items a
at community flea markets or bazaar including the Community Artists' Market;
(c) the sale of a limited number of miscellaneous or souvenir items provided that such
sale occurs in the course of carrying on a business otherwise licensed pursuant to
this Bylaw;
(d) vending machines which are installed on premises for which the owner of the
machine has a valid business license;
Bylaw No. 2018-09
Business Licence Bylaw
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CAO
Presiding
Officer
(e) coin operated washers, dryers, or other laundry equipment provided by the owner of
rental accommodation for the exclusive use of the occupants thereof;
(f) buskers;
(g) such other businesses as determined by resolution of Council.
6.00
Administration Of Business Licenses
6.01
Applications, application fees and all related permits or other documentation required to
complete the application shall be received by the City at the municipal offices during
normal business hours.
6.02
The City shall examine all business license application forms and other information
submitted in connection thereto. Based on their analysis and interpretation of the
information, the City may refuse to issue a license.
6.03
Where a business requires approval to operate from a Yukon Health Officer, as defined
by the Public Health and Safety Act, R.S.Y. 2002, c.176, the applicant for a business
license may be required to provide written approval of the Yukon Health Officer and the
City shall not issue a license until such proof has been provided.
6.04
The City shall prepare and issue all licenses pursuant to the terms of this Bylaw. The
aforementioned license, upon approval shall be delivered by mail to the address on the
application form, unless otherwise requested by the applicant.
6.05
Every business shall post their business license in a conspicuous location within the
business premises. Should the business not have a premise the business license shall
be presented upon request of the Bylaw Enforcement Officer.
6.06
The City shall keep records of all applications for licenses and other transactions in a
form authorized by the CAO.
6.07
At any time a business is open for the purpose of conducting its business a Bylaw
Enforcement Officer may inspect all premises licensed or required to be licensed to
operate in order to ascertain compliance pursuant to the provisions of this bylaw.
Bylaw No. 2018-09
Business Licence Bylaw
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CAO
Presiding
Officer
6.08
No person shall interfere with or obstruct a Bylaw Enforcement Officer in the
performance of duties being performed pursuant to this Bylaw.
7.00
General License Conditions
7.01
No person shall carry on or operate any business within or partly within the City without
first having obtained a business license, unless that person is exempted by this Bylaw or
Council.
7.02
Every person required to obtain a business license shall pay the fee prescribed in the
"Fees and Charges Bylaw" or any successor legislation.
7.03
The municipality is a signatory to the Association of Yukon Communities' Inter-Municipal
Business Licence Agreement. Any business holding a valid license issued pursuant to
that agreement, except a business of the hawker and mobile vendor kind as defined in
this Bylaw, shall be deemed to be licensed pursuant to this Bylaw.
7.04
No license shall be issued until said fee or any previous fee or penalties levied pursuant
to this Bylaw are paid.
7.05
Any fee left owing at December 31 of any year in which a business has operated will be
applied to the property tax account associated with the business location.
7.06
Business license fees are non-refundable, saving fees paid for a license that is not
approved. If the application is not approved a refund of the full amount paid less 15%
administration fee will be issued.
7.07
Every license issued pursuant to this Bylaw shall expire at midnight on the 31st day of
December in any given year, unless the license has been cancelled or revoked prior to
that day.
7.08
Any business license issued pursuant to this bylaw is non-transferable. The business
license is valid only in the business owner's name in which the license was issued and
the business address for which the license was issued.
7.09
The CAO is hereby authorized to provide, in writing, an exemption from Section 7.08 of
this Bylaw for a period not exceeding seven (7) days where an emergency occurs which
requires a business to temporarily or permanently relocate.
Bylaw No. 2018-09
Business Licence Bylaw
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CAO
Presiding
Officer
7.10
If more than one business is carried out within a single premise a separate business
license is required for each business.
7.11
The holder of a business license must at all times be in compliance will all federal and
territorial laws and regulations and City bylaws pertaining to their operation.
7.12
The issuance of a business license shall not be deemed as approval to carry on or
operate a business in or from any premise or location in contravention of any federal or
territorial law or regulation or any municipal bylaw or regulation.
7.13
Where an umbrella organization, such as a Farmers' Market association, charges for the
use of their space, they shall be required to obtain a business license. Participants who
are selling goods at these events are also required to obtain their own license.
8.00
Special Conditions
8.01
A business or business activity that is subject to a federal or territorial license or permit,
including without limitation, the sale of alcoholic beverages and the sale of such foods as
are subject to a Permit to Operate issued by Yukon Health Services, shall first procure
such license or permit and attach a copy thereof to the application for a business license.
8.02
Every application for a business license for private investigators or private patrol
agencies shall be accompanied by information satisfactory to the City with respect to the
character, criminal record if any, and general reputation of the applicant or applicants.
The CAO may require a criminal record check of the applicant or applicants and, when
not satisfied that the reputation of the applicant/s meets community standards for the
type of business proposed, may refuse on this or any other grounds to issue a license.
8.03
Every application for a business license for any child care service must be accompanied
by proof of approval to operate by the Yukon Territorial Government.
8.04
Every person conducting business in the city under an "Inter-Municipal Business
License" must abide by all rules set forth in this bylaw.
8.05
Hawkers and peddlers are not permitted to operate in any area identified as residential in
the Zoning Bylaw or any successor legislation.
Bylaw No. 2018-09
Business Licence Bylaw
Page 9 of 15
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CAO
Presiding
Officer
9.00
Business Licensing Fees
9.01
A license is not valid until it has been issued by the CAO and the license fee has been
paid.
9.02
An applicant for a license must pay to the City the applicable license fee for that
business as set out in the Fees and Charges Bylaw. No license shall be issued until the
fee is paid.
9.03
Council may review the business license fees on an annual basis to ensure that they are
reflective of annual inflation, are comparable to other municipalities, and are reflective of
City business license operating expenses.
10.00 Liability Insurance
10.01 All applications for any business being conducted on public land shall supply proof of
valid public liability insurance in an amount of at least two million dollars ($2,000,000.00).
The City may require public liability insurance at a higher rate at its sole discretion. The
licensee is required to maintain such insurance in force throughout the period that the
business license is in effect. The City shall be included as an additional insured and shall
be provided 30 days prior notice of cancellation on all general liability policies.
11.00 Buskers
11.01 Buskers and their audience must not block doorways, display windows, sidewalks,
paths, bicycle routes, or City streets and roads and must not block pedestrian or
vehicular traffic.
11.02 Performances must not jeopardize the comfort and safety of others and buskers must
respect the wishes of nearby residents and visitors, particularly regarding the loudness
of the performance.
11.03 All performances must be suitable for a general family audience rating.
11.04 Buskers shall not perform at sites that have been booked for events or festivals or where
paid performers are working.
11.05 Performances may take place between 10:00 AM to 10:00 PM, seven (7) days per week.
Bylaw No. 2018-09
Business Licence Bylaw
Page 10 of 15
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CAO
Presiding
Officer
11.06 Every busker shall be responsible for maintaining the lands in the vicinity of their
operation in a clean, litter free and tidy state.
11.07 It shall be within the Bylaw Enforcement Officer's discretion to cease any activity that
jeopardizes the comfort and safety of others.
12.00 Mobile Vendors
12.01 Mobile Vendors are not permitted to display goods or merchandise which are offered for
sale or intended to be offered for sale and/or provide services on a street, sidewalk or
boulevard, or other public land other than at pre-determined locations authorized in
advance by the CAO or their designate.
12.02 Each Mobile Vendor shall be responsible for maintaining the lands in the vicinity of their
operation in a clean, litter-free and tidy state.
13.00 Mobile Refreshment Stands
13.01 Mobile Refreshment Stands are permitted to sell concession type food in all areas of the
City save and except areas zoned Residential pursuant to the Zoning Bylaw.
13.02 Mobile Refreshment Stands are required to present written proof of current Yukon
Environmental Health approval and an approved business license.
13.03 A Mobile Refreshment Stand operating on public land shall, prior to the issue of a
business license, provide verifiable confirmation of having purchased liability insurance
in an amount of not less than two million dollars ($2,000,000), and with the City of
Dawson listed as an additional named insured.
Bylaw No. 2018-09
Business Licence Bylaw
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CAO
Presiding
Officer
13.04 Mobile Refreshment Stands must reflect the heritage standards of the community and
will be required to receive approval for their apparatus from the CDO.
13.05 Mobile Refreshment Stand service shall be limited to the period from 7:00 AM to 3:00
AM, seven (7) days per week.
13.06 Every operator of a Mobile Refreshment Stand shall be responsible for the supply and
maintenance of garbage receptacles and disposal of garbage to an approved disposal
site.
13.07 Every Mobile Refreshment Stand shall be responsible for maintaining the lands in the
vicinity of their operation in a clean, litter free and tidy state.
14.00 Special Events
14.01 It shall be within the discretion of the CAO to waive the necessity of a business license
for Mobile Refreshment Stands or Street Vendors during special events if:
(a) The event is being planned, organized and controlled by an organization holding a
valid business license; or
(b) The organizing party supplies a written request to the CAO for such a waiver;
(c) The organizing party agrees, in writing, to abide by and enforce upon Mobile
Vendors and Mobile Refreshment Stands contained in the waiver any conditions
that the CAO may deem necessary.
15.00 Suspension And Revocation Of A License
15.01 A Bylaw Enforcement Officer may suspend or revoke a business license anytime where
a license holder is contravening any of the aforesaid federal or territorial laws or
regulations or municipal bylaw or regulations or where, in the opinion of the Bylaw
Enforcement Officer, there is just and reasonable cause to do so. The Bylaw
Enforcement Officer shall attempt to inform the license holder verbally of the suspension
or revocation but in any event shall mail written notice of the suspension or revocation to
the license holder as soon as is reasonably possible.
Bylaw No. 2018-09
Business Licence Bylaw
Page 12 of 15
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CAO
Presiding
Officer
15.02 Any business licence holder who proceeds with any construction without a Development
Permit required by the Zoning Bylaw for the project, will have their business license
suspended until such time the Development Permit is obtained.
15.03 When a license has been suspended, the suspension shall be for such period of time as
is necessary to bring the license holder into compliance with laws, bylaws or regulations
or to rectify the grounds for the suspension as the case may be. In no event will the
suspension be for longer than the unexpired term of the license.
15.04 When a Bylaw Enforcement Officer suspends or revokes a business license, the
suspension or revocation will commence immediately.
16.00 Appeal
16.01 Any person who has been refused a business license and any license holder whose
license has been refused, suspended or revoked may appeal in writing within thirty (30)
days of the date of refusal, revocation or suspension to Council.
16.02 Council shall commence a hearing of the appeal within fourteen (14) days of receipt of
the appeal. This hearing may be adjourned for a period not to exceed ten (10) days to
provide time to gather necessary additional information. Such suspension of hearing
shall not be unreasonably made. Should the Council fail to re-convene the hearing
within ten (10) days, the appeal shall be deemed to have been decided in favour of the
appellant.
16.03 Council shall make a decision on the appeal within ten (10) days of concluding the
hearing of the appeal and shall inform the appellant of its decision in writing. Should the
Council fail to make a decision within ten (10) days of the conclusion of the hearing, the
appeal will be deemed to have been decided in favour of the appellant.
16.04 Written notice of any refusal, suspension, revocation or decision on an appeal under this
Bylaw will be deemed to have been delivered to the applicant or license holder seven (7)
days after it is posted by registered mail from the City to the address of the applicant or
license holder as set out on the license application form.
Bylaw No. 2018-09
Business Licence Bylaw
Page 13 of 15
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CAO
Presiding
Officer
17.00 Penalties
Any person who fails to comply with the requirements of this bylaw commits an offence
and is liable, upon summary conviction, to:
(a) a voluntary fine under section 20 of the Summary Convictions Act, issued in respect
of an offence specified in Appendix "A" attached hereto and forming part of this
bylaw;
(b) a fine not less than five hundred dollars ($500.00) where proceedings are
commenced pursuant to the Summary Convictions Act of the Yukon.
PART III - FORCE AND EFFECT
18.00 Severability
If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason
held to be invalid by the decision of a court of competent jurisdiction, the invalid portion
shall be severed and the part that is invalid shall not affect the validity of the remainder
unless the court makes an order to the contrary.
19.00 Appendices
Appendices attached to and referred to in this Bylaw form part of this Bylaw and are to
be read in conjunction with this Bylaw.
20.00 Repeal
Bylaw 17-11 and its amendments thereto are hereby repealed.
21.00 Enactment
This Bylaw shall come into force on the day of the passing by Council of the third and
final reading.
Bylaw No. 2018-09
Business Licence Bylaw
Page 14 of 15
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CAO
Presiding
Officer
22.00 Bylaw Readings
Readings
Date of Reading
FIRST
June 12, 2018
SECOND
July 17, 2018
THIRD and FINAL
July 17, 2018
Original signed by:
Wayne Potoroka, Mayor
Cory Bellmore, CAO
Presiding Officer
Chief Administrative Officer
Bylaw No. 2018-09
Business Licence Bylaw
Page 15 of 15
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CAO
Presiding
Officer
PART IV - APPENDICES
Appendix 1 - Voluntary Fines
Authority
Ticket Description
Penalty
Section 6.05
Fail to post or produce license or permit
$50.00
Section 6.08
Interfere/Obstruct a Bylaw Enforcement
Officer
$300.00
Section 7.01
Unlicensed business
$200.00
Section 8.05
Hawkers/Peddlers operate in residential
areas
$100.00
Section 11.00
Busk contrary to Business License Bylaw
$50.00
Section 11.06,
12.02, 13.07
Fail to keep area tidy/litter free
$100.00
Section 13.00
Mobile Refreshment Stands contrary to
Business License Bylaw
$100.00