TOWN OF BOWDEN
PROVINCE OF ALBERTA
BEING A BYLAW FOR THE LICENSING AND REGULATING OF ALL BUSINESS CARRIED ON WITHIN THE TOWN
WHEREAS, pursuant to the provisions of the Municipal Government Act R.S.A. 1994 c. M-26.1, as amended, the Town deems it necessary and expedient to provide for the regulation and licensing of all businesses carried on within the Town,
NOW THEREFORE, the Council for the Town of Bowden in the Province of Alberta, duly assembled, enact as follows:
- This Bylaw may be cited as "the Business License Bylaw".
- DEFINITIONSa) "ACT" means the Municipal Government Act, Chapter M-26.1, R.S.A., 1994 and amendments thereto;
b) "APPLICANT" means a person who applies for a business license or renewal of a business license required by this Bylaw;
c) "BUSINESS" means a commercial, merchandising or industrial activity or undertaking; a profession, trade, occupation, calling or employment, or; an activity providing goods or services, however formed, including a cooperative or association of persons.
d) "C.A.O." means the Chief Administrative Officer of the Town;
e) "COUNCIL" means the municipal Council of the Town;
f) "FEE" means the monetary amount levied on each application for a business license as set out in part 5.8 of this Bylaw;
g) "LICENSE" means a license granted by the Town entitling the person to whom it is granted to carry on business therein specified in the Town;
h) "LICENSEE" means a person holding a valid and subsisting license issued pursuant to the provisions of this Bylaw;
i) "LICENSE INSPECTOR" means any person so designated herein and includes any such inspector as designated by Council, or the Chief Administrative Officer, to perform their duties;
j) "NON-RESIDENT" means a person not ordinarily residing within the Corporate limits of the Town;
k) "NON-RESIDENT BUSINESS" means any business, which does not ordinarily locate or maintain a permanent place of business within the Corporate limits of the Town. This category shall include those non-resident Building contractors and those non-resident trades people associated with the construction and/or repair of a building within the Corporate limits of the Town;
l) "RESIDENT" means a person ordinarily residing within the Corporate limits of the Town;
m) "RESIDENT BUSINESS" means any business which ordinarily locates or maintain a permanent place of business within the Corporate limits of the Town irregardless of where normal business transactions take place;
n) "TEMPORARY BUSINESS" means a commercial, merchandising or industrial activity or undertaking; a profession, trade, occupation, calling or employment, or; an activity providing goods or services, however formed, including a cooperative or association of persons carried on within the corporate limits of the Town of Bowden where the duration of the business activity is equal to or less than two consecutive weeks;
o) "NON-PROFIT ORGANIZATION" means an organization(i) Incorporated under the Societies Act,p) "TOWN" means the Town of Bowden, a municipal corporation of the Province of Alberta, and where the context so requires means the area contained within the corporate boundaries of said municipality.
(ii) Registered under Part 9 of the Companies Act,
(iii) Formed under the Agricultural Societies Act,
(iv) Formed under the Cemetery Companies Act,
(v) Registered under Part 21 of the Business Corporations Act if the extra-provincial corporation does not carry on business for the purpose of gain, or
(a) Incorporated by a private act of the Parliament of Canada or of the Legislative Assembly of Alberta if the corporation
(b) Does not pay dividends to its shareholders or any part of its income to any member for that member's personal benefit, and
(c) Does not distribute property to its shareholders or members on its winding-up or dissolution.
- APPLICATION OF BYLAW
Every licensee shall conform to the provisions of this Bylaw and of all other Bylaws applicable to the business, or business location in respect of which such license was issued.
- APPOINTMENT, POWERS AND DUTIES OF LICENSE INSPECTOR
a) The C.A.O. may appoint a License Inspector or License Inspectors to carry out the terms of this Bylaw.
b) The power and duties of a License Inspector are:i) To administer this Bylaw and as far as practicable see that all persons concerned conform to its provisions and to prosecute or assist to prosecute persons who fail to comply within;
ii) To make an inspection of all premises and locations for which a license is required or has been applied for, pursuant to this Bylaw, where an inspection by the License Inspector is required by the terms of this Bylaw;
iii) To investigate complaints lodged against a license and, if necessary, inspect the premises or location described in the complaints and to revoke any license issued or to levy fees or penalties pursuant to this Bylaw.
- LICENSE REQUIREMENTS AND FEESa) A license is required to carry on or operate any of the following businesses:i) Resident Businessb) In a prosecution for contravention of this Bylaw against engaging in or operating a business without a license, proof of one transaction in the business or that the business has been advertised is sufficient to establish that a person is engaged in or operates the business.
ii) Non-Resident Business
iii) Temporary Business
c) A business license shall be required for all businesses operating within the area contained within the corporate boundaries of the Town of Bowden irrespective of any other valid Federal, Provincial, or other municipal certificate, authority, license or other document of qualification unless specifically exempted by the provisions of this Bylaw or if any statute of Canada or of the province of Alberta specifically exempts such person or businesses from the requirements of municipal licensing;
d) When "squatting" on public or private property, approval in writing from the landowner must be submitted to the License Inspector with the application.
5.1 No license shall be required:a) For any business carried on or operated by any person on any grounds directly associated with the annual Bowden Days rodeo that are directly supervised and controlled by the Bowden & District Agricultural Society;5.2 Procedure for Issuance of Licenses
b) For such other businesses as Council by resolution may from time to time exempt;
c) Farmers Markets;
d) Residential Garage Sales, provided that the sale takes place on a residential property where that property owner, or primary resident when referring to residential rental properties, directly supervises and controls the sale to a maximum of four (4) weekends per calendar year;
e) Non-profit Organizations;
f) Material delivery operations are exempted from needing a license provided that the transaction/negotiation to purchase those items takes place outside of the corporate limits of Bowden and that the company is not a Resident Business.
g) For persons who are the direct clients of non-profit entities within the municipality to the sole discretion of the Business License Inspector. These individuals would still be required to register for a Home Occupation and Business License as per current policy and relevant Bylaw stipulations, but not be required to pay the fees associated with the above-noted applications.
h) For individuals under the age of 18 to the sole discretion of the Business License Inspector.a) Each application for a Business License shall be accompanied by the appropriate fee as set out in Section 5.8 of this Bylaw.5.3 Nullification of License
b) Every person who applies for a business license shall supply the information required by the License Inspector and shall assist the License Inspector in the performance of their duties by providing such additional information as may from time to time be required.a) Where any certificate, authority, license or other document of qualification under this or any other Bylaw, or under any statute of Canada or Province of Alberta is suspended, cancelled, terminated or surrendered, any license issued under this Bylaw based in whole or in part on such certificate, authority, license or other document of qualification shall be revoked automatically forthwith.5.4 Non-Issuance of Licenses
b) Where a license is revoked pursuant to subsection (a) hereof or any other applicable section of this Bylaw, the licensee shall forthwith return the license to the License Inspector and that license shall be deemed terminated.
c) Nothing within this Bylaw shall preclude a business or individual from re-applying for a business license subject to all aspects of this and all other applicable Bylaws being adhered to.a) A license may not be issued to any applicant until the License Inspector has confirmed that the business will comply with all requirements of this and any other Bylaw applicable thereto.5.5 Inspections, Revocations and Refusal
b) No license shall be issued to any applicant therefore unless and until the applicant has filed with the License Inspector any federal or provincial certificate, authority, license or other document of qualification that may be required.a) Where a business or its location or locations require any approval or certificate under this Bylaw, then the location or locations where the business is to be carried on, including the land and building therefore, may be inspected by those persons, inspectors and departments whose approval or certificate is required.5.6 Display and Production of License
b) With respect to complaints received relating to a business or a businesses operation, if, in the sole opinion of Council, municipal resources are being disproportionately allocated to monitor and police said business, that business license shall be immediately revoked.
c) Any business for which a license application has been refused, or any business where an existing license has been revoked, shall cease operations immediately upon notification of the refusal or revocation by the License Inspector.
d) When a notice to revoke a license is given, it shall have attached to it in writing the reasons for revocation.
e) Where an application for a license has been refused, or where an existing license has been revoked, the applicant or licensee as the case may be, is entitled to appeal to Council the refusal or revocation of the license.
f) The applicant or licensee, as the case may be, shall have three (3) business days from the date of refusal or revocation, in which to appeal to Council, in writing; otherwise, the right of appeal shall be barred and extinguished.
g) Council shall hear the appeal within fourteen (14) days of receipt and shall give forty-eight (48) hours notice of the hearing in writing to the appellant.
h) A decision of Council on an appeal is final and binding on all parties.a) Every license issued under this Bylaw shall be made out and delivered to the licensee who shall put up the license in a conspicuous place in his business premises.5.7 Duration of License Every license issued under the provision of this Bylaw shall terminate at midnight on the 31st day of December of the year in which said license was issued unless:
b) Every licensee who holds a license under this Bylaw which is not limited to specific premises, shall, so long as the license is in force, have immediately available the license or a copy thereof and such license shall, upon request, forthwith produce same to a License Inspector, any police officer, or other duly authorized person, or any person with whom he is doing business to which the license relates.a) The license provides otherwise; or5.8 Fees
b) The license has been sooner cancelled or forfeited.a) Yearly License Fees
Business License fees shall be levied on each applicant and are non-refundable. All Yearly license fees are based on a yearly amount for the duration of the License and are levied are as follows:
Resident Business License fee - $25.00/Calender year
Non-Resident Business License fee - $100.00/Calender year
(After August 31st of each year business license fees will be prorated at $5.00 per month for resident businesses and $10.00 per month for non-resident businesses)
b) Temporary License Fees
Temporary Business License Fees shall be levied on any applicant who conducts Business within the corporate limits of the Town of Bowden where the duration of the business activity is equal to or less than two consecutive weeks. Each Temporary Business License shall be non refundable and non transferable. A Temporary Business License shall immediately terminate upon completion of the two-week time frame as stated on the License. Temporary Business License fees are levied as follows:
Resident Business Temporary License fee - $25.00/license
Non-Resident Business Temporary License fee - $50.00/license
Any person who commits a breach of this Bylaw shall be liable upon summary conviction thereof, to a fine of not less than $500.00 and not more than $1,000.00 and, in addition thereto, to a fine of not less than $500.00 and not more than $2,500.00 for every day that the offence continues, and cost plus damages and in default thereof to imprisonment for a period not exceeding 60 days unless the fine and costs, including the costs of committal, are sooner paid.
This Bylaw shall come into effect upon third and final reading.
Bylaw No. 653 is hereby repealed.
Read a first time this _________ day of ___________________________________________, 2003
Read a second time this ____ day of _____________________________________________, 2003
Read a third time and finally passed, this _________ day of ____________________________, 2004
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