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TOWN OF TURNER VALLEY BYLAW 18-1086

A BYLAW OF THE TOWN OF TURNER VALLEY IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE CONTROL, REGULATION AND LICENSING OF BUSINESSES WITHIN THE MUNICIPALITY.

WHEREAS It is provided by the Municipal Government Act (MGA), Revised Statutes of Alberta 2000, Chapter M-26 and amendments thereto, that the Council may pass a bylaw for the purpose of controlling and regulating businesses, business activities and persons engaged in business within the Town of Turner Valley; and

WHEREAS Council may control, regulate and licence business and provide for a system of licensing, permitting or approvals; and

WHEREAS Council deems it desirable to register businesses operating within and partially within the Town of Turner Valley and establish a system for licence fees, fines and penalties.

NOW THEREFORE, the Council of the Town of Turner Valley enacts as follows:

1. TITLE

1.1. This Bylaw may be cited as the "Business Licence Bylaw".

2. DEFINITIONS

In this Bylaw, unless the context otherwise requires:

a) "Applicant" means a person who applies for a licence or a renewal of a licence required by this Bylaw.

b) "Application" shall mean a written application for a business licence as provided for in this Bylaw and includes an application to renew, change address, amend, or transfer a business licence to another owner.

c) "Auctioneer" means any person(s) selling or offering for sale by public auction any real or personal property.

d) "Business" includes every business type, commercial, retail, merchandising industrial activity or undertaking, trade, profession, industry, occupation employment or calling and an activity providing goods and/or services however organized or formed, including a co-operative or association of persons as stated in the definitions in the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 and amendments thereto.

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e) "Business Licence" means a licence issued pursuant to this Bylaw granted by the Town entitling the person or business to which it is granted to carry on business within the Town pursuant to the provisions of this Bylaw.

"Business Premises" shall mean any store, office, warehouse, residence, yard, motor vehicle, booth, mobile vending unit, push cart vending unit or other place occupied for the purpose of carrying on a business.

g) "Business Registry" means a list compiled by the Licensing Officer of all licenced businesses operating within the Municipality.

h) "Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any other substance defined in the Cannabis Act (Canada) and its regulations and any amendments and includes edible products that contain cannabis.

i) "Cannabis Accessory" means a thing that is commonly used in the consumption or production of cannabis. A cannabis accessory includes, but is not limited to, rolling papers, or wraps, holders, pipes, water pipes, bongs vaporizers that is represented to be used in the consumption of cannabis.

j) "Carry on Business" shall mean to conduct, operate, perform, keep, hold, occupy, deal in or use for gain whether as principal or agent.

k) "Charitable or Non-Profit Organization" shall mean any person, association, or body corporate engaged entirely in charitable activities, or engaged in the promotion of general social welfare within the Municipality, all the resources of which are devoted entirely to charitable activities and not for a profit or gain and which does not confer a monetary or other benefit on its members or directors. These may include:

i. Religious societies or organization;

ii. Service clubs;

iii. Community, veteran, or youth organizations;

iv. Social, sport, or fraternal (community)organization or clubs; or

v. Museums, galleries, cultural organizations and educational institutions.

I) "Chief Administrative Officer" shall mean the Chief Administrative Officer as appointed by the Council of the Town of Turner Valley.

m) "Contractor" means the business of accepting contracts for the construction and/or repair of buildings or other improvements or the person or company engaged in such business as the context requires, including the owner of property who supervises the construction and/or repair.

n) "Council" means the municipal Council for the Municipality as duly elected;

o) "Development Authority" means a person or committee appointed by Council to act as a development authority pursuant to the MGA.

ID) "Farmer's Market" means the business of conducting a public open market at which various vendors lease and operate a stall from a person or agent for the purpose of selling goods or services or both to the public at a location approved

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by the Municipality.

"Hawker/Peddler" means a person who moves about the Municipality selling or offering for sale, goods or services or both, from a motor vehicle or trailer or on the streets or roads or elsewhere other than at a building that is a permanent place of business.

r) "Licensee" shall mean the holder of a valid business licence issued pursuant to the provisions of this Bylaw.

s) "Licensing Inspector" means a Peace Officer or an inspector appointed to assist in carrying out the administration and enforcement of this Bylaw and includes the Licensing Officer.

t) "Licensing Officer" means a Town employee so designated as to the Licensing Officer and includes any Licence Inspector designated by the Chief Administrative Officer to perform the duties of the Licensing Officer.

u) "Master Fee Schedule" means the Town of Turner Valley Master Fee Schedule as approved by resolution of Council from time to time.

v) "Mobile Vending Unit" means a mobile Motor Vehicle, trailer, or similar structure exceeding 3.3 m2 (35.5 ft2) designed for preparing or offering the sale of food items or artisan products.

w) "Mobile Vendor" means a person who sells or offers for sale food from a Mobile Vending Unit.

x) "Motor Vehicle" shall have the meaning set out in the Highway Traffic Act, R.S.A. 2000 and amendments thereto.

)1) "Municipality" means the Municipal Corporation of the Town of Turner Valley.

z) "Non-resident" means a business not operating from a taxable premise within the Town or a business not operating from a taxable premise within the Town of Black Diamond.

aa) "Person" means a natural person or any business entity, including but not limited to:

i. an association;

ii. a corporation;

iii. a firm;

iv. a partnership;

v. a society; or

vi. a legal entity.

bb) "Peace Officer" shall mean a Peace Officer as defined in the Provincial Offences Procedure Act; as amended from time to time.

cc) "Push Cart Vending Unit" means a push cart or similar mobile structure not exceeding 3.3 m2 (35.5 ft2) designed for preparing or offering the sale of food items or artisan products.

dd) "Push Cart Vendor" means a person who sells or offers for sale food from a Push

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Cart Vending Unit.

ee) "Resident" shall mean any person carrying on business from a taxable premise within the Town.

if) "Retail Cannabis Store" means any person who carries on or operates a Business from premises in Town that displays or offers for sale Cannabis.

gg) "Sub-Contractor" means the business of contracting to provide a special service in relation to a trade or the person or firm engaged in such business.

hh) "Violation Ticket" means a violation ticket as defined in the Provincial Offences Procedure Act, as amended from time to time.

2.1. Terms not defined in this Bylaw will, where context permits, have the meanings assigned to them in the Land Use Bylaw. The above definitions shall apply to this Bylaw whether capitalized or not.

3. NECESSITY FOR BUSINESS LICENCE

3.1. No person shall carry on any business or be engaged in any business within or partly within or partly without, the boundary limits of the Town unless that person has a valid and subsisting business licence and has paid the fee as prescribed in the Master Fee Schedule.

3.2. An applicant and/or owner shall make application or amendments on a form supplied by the Town, furnishing such information as the form shall require and such additional information as may be reasonably required.

3.3. No person shall be issued a business licence or have such business licence renewed unless that person provides written confirmation in a form acceptable to the Licensing Officer, that all provincial and federal licensing requirements have been met, including, but not limited to, all licensing requirements under the Fair Trading Act, Revised Statues of Alberta 2000, Chapter F-2.

3.4. No business licence will be issued if the applicant fails to comply with the provisions of or regulations under any other Town Bylaw.

3.5. No business licence shall be issued until the applicant holds a valid development permit where required by the provisions of the Land Use Bylaw.

3.6. No business licence will be issued until the applicant and/or owner has completed all aspects of the final occupancy permit and/or inspection requirements as set out by the Safety Codes Officer (or designate) with respect to building permits and approvals.

3.7. No business licence will be issued until the applicant and/or owner has completed all aspects of a fire inspection, if required, to the satisfaction of the Turner Valley Fire Safety Codes Officer.

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3.8. Notwithstanding that a business licence has been issued under the provisions of this Bylaw, such business licence does not authorize or permit the licensee to carry on a business or any pursuit contrary to the provisions of any other Town Bylaw.

3.9. No person shall contravene a condition of a business licence and must follow all regulations. All persons or businesses shall be subject to inspection at any time by a Licence Inspector of the Town.

3.10. A business licence is required for each physical address, premises, or location where business is carried on within the Town and a separate fee shall be paid for each location. When two or more persons are operating separate businesses from the same premises a business licence is required for each business.

3.11. Every business licence holder must present a valid business licence certificate should a Licence Inspector, Peace Officer, or any person with whom business is being conducted request to see it. The business licence certificate shall be posted in a conspicuous place on the business premises of the licensee, so that it is clearly visible to the public.

3.12. For businesses that are not carried on at a fixed location, the business licence certificate must be:

a) carried on the person of the licensee; or

b) carried in or on the vehicle or apparatus from which the business is conducted; and

c) be shown to the Licensing Officer or members of the public upon request.

3.13. Every business licence granted under the provisions of this Bylaw shall terminate at midnight on the 31st day of December in the calendar year in which the business licence was issued. Licensees are required to renew their business licence, by no later than the 31st day of January the following year.

3.14. Exceptions to Section 3.13:

a) the business licence provides otherwise (i.e. a weekly, monthly or seasonal licence); or

b) the business licence has been sooner cancelled, ceased, or forfeited in writing.

3.15. A subsisting business licence issued under this Bylaw shall not be transferred from one person to another or from one location to another or to another business except upon:

a) application being made to the Town;

b) the applicant furnishing evidence of a transfer or assignment of the interest of the existing licensee or of the location of the

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TOWN OF TURNER VALLEY BYLAW 18-1086 ,

3.8. Notwithstanding that a business licence has been issued under the provisions of this Bylaw, such business licence does not authorize-or permit the licensee to carry on a buOnees or any pursuit contrary to the provisions of any other Town Bylaw.

3.9. No person shall contravene a condition of a business licence and must follow all regulations. All persons or ,businesses shall be subject to inspection at any time by a.Licence Inspector Of the ToWn.

3.10. A business licence is required for eachl\physical address, premises, or location where business is carried on within the Town and a separate fee shall be paid for each location. When two or more persons are operating separate businesses from the same premises a business licence is required for each business.

3.11. Every business licence holder must present a valid business licence certificate should a Licence Inspector, Peace Officer, or any person with whom business is being conducted request to see it. The business licence certificate shall be posted in a conspicuous place on the business premises of the licensee, so that it is clearly visible to the public.

3.12. For businesses that are not carried on at a fixed location, the business licence certificate must be:

a) carried on the person of the licensee; or

b) carried in or on the vehicle or apparatus from which the business is conducted; and

c) be shown to the Licensing Officer or members of the public upon request.

3.13. Every business licence granted under the provisions of this Bylaw shall terminate at midnight on the 31st day of December in the calendar year in which the business licence was issued. Licensees are required to renew their business licence, by no later than the 31st day of January the following year.

3.14. Exceptions to Section 3.13:

a) the business licence provides otherwise (i.e. a weekly, monthly or seasonal licence); or

b) the business licence has been sooner cancelled, ceased, or forfeited in writing.

3.15. A subsisting business licence issued under this Bylaw shall not be transferred from one person to another or from one location to another or to another business except upon:

a) application being made to the Town;

b) the applicant furnishing evidence of a transfer or assignment of the interest of the existing licensee or of the location of the

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business;

c) payment of the transfer or change of ownership fee as per the Master Fees Schedule;

d) the applicant complying with the pr,ovisions of this Bylaw; and

e) the application being approved by the Town.

3.16. Any advertising of a business shall be deemed prima facie proof that the person is carrying on business.

3.17. All business licenses issued pursuant to this Bylaw remain the property of the Town.

4. PREREQUISITES FOR A BUSINESS LICENCE

4.1. A business licence shall not be issued:

a) if the applicant has failed to provide all the information required or requested under this Bylaw;

b) to any applicant not properly licenced or approved or otherwise not in compliance with any Federal, Provincial or Municipal statute, regulation, Bylaw or other requirements; or

c) if a Licensing Officer or Licensing Inspector determines that there are reasonable grounds not to grant a business licence. Such grounds may include, but are not limited to, the character of the applicant and a criminal record.

5. APPOINTMENT AND DUTIES OF A LICENSING OFFICER

5.1. The CAO shall appoint such Licensing Officer as may be required to carry out the provisions and duties of this Bylaw.

5.2. The Licensing Officer is authorized to enforce and administer this Bylaw and is hereby authorized to receive, review, renew and approve all Applications for a Business Licence.

5.3. Where applicable, the Licensing Officer will not issue a Business Licence until the Applicant obtains and holds valid development approval issued by the Development Authority under the Land Use Bylaw.

5.4. The Licensing Officer may suspend, refuse to grant, refuse to transfer, revoke, refuse to renew or impose conditions on a Business Licence under this Bylaw if, in the opinion of the Licensing Officer, there are reasonable grounds to do so, including, without limitation, if the Licensing Officer is of the opinion that:

a) the Licensee or the Applicant is not bona fide;

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b) the Licensee or the Applicant has contravened the provisions or requirements of this Bylaw or any other bylaw of the Municipality or any applicable Provincial or Federal licenses, permits, approvals clearances and/or insurances;

c) the Business has changed to the extent that a new Application for a Business Licence would be refused;

d) the Licensee or the Applicant is not worthy of public trust;

e) the Licensee or the Applicant has withheld or concealed information from the Licensing Officer or has provided false information on an Application for a Business Licence; or

the Licensee or the Applicant refused to admit the Licensing Officer into the Business Premises, vehicle or apparatus from which the Business is carried out.

5.5. The Licensing Officer shall maintain a Business Registry together with all appropriate records pertaining to the licensing of Businesses, infractions of this Bylaw and generally all matters arising out of the application and enforcement of this Bylaw.

5.6. The Licensing Officer shall specify the form of Applications and Business Licenses under this Bylaw.

5.7. The Licensing Officer or Licensing Inspector or both may periodically visit and inspect Business Premises to ensure compliance with this Bylaw.

6. BUSINESS LICENCE REQUIREMENTS

6.1. Every applicant for a business licence must provide the following information on the application prescribed by the Licensing Officer:

a) the physical address for the proposed place of business;

b) the trade name(s) under which the proposed business will operate;

c) the full name, residential address, business address and telephone number of the owner when the Applicant is a sole proprietorship or partnership. The owner of the business must also sign the application form in addition to the applicant if the applicant is different from the owner of the business;

d) the full name, residential address, business address, and telephone number of the principal managing employee or employees, when the applicant is a corporation;

e) proof, satisfactory to the Licensing Officer, that the proposed place of business complies with all applicable land use regulations, health and safety regulations and fire code regulations that may affect the use of the proposed place of business; and

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such other information as the Licensing Officer may reasonably require.

6.2. No person shall give false information in any application.

6.3. For the purpose of administering the provisions of this Bylaw, the Licensing Officer is authorized to prepare and use such forms and notices as may be deemed necessary. Any such forms and notices are deemed to have the full force and effect of this Bylaw in execution of the purpose for which they are designed, authorized and issued.

6.4. Forms, notices and fees may be issued, mailed, electronically mailed, collected, served or delivered in the course of the Licensing Officer's duties and responsibilities.

6.5. All fees are not processed until the applicant has met the other municipal requirements of obtaining the business licence. Payment itself is not permission to operate the business within the community. The Licensing Officer must sign the business licence application in order for the business licence to be granted and issued.

6.6. Every person who makes an application for a business licence shall submit to and assist every inspection required by the Licensing Officer or other designate with respect to the business to be licenced and furnish to the Licensing Officer all information that may be reasonably required.

7. BUSINESS LICENSING FEES

7.1. The business licence fees shall be established by resolution of Council as per the Master Fee Schedule.

7.2. Every applicant for a business licence shall pay the business licence fee set forth in the Master Fee Schedule and a business licence is not valid if the fee prescribed under the Master Fee Schedule is not paid in full.

7.3. Annual Business Licence fees are due by January 31st. Failure to renew a Business Licence will result in late charges as per Section 7.4.

7.4. Late charges and penalties will be applied to all outstanding accounts on February 1st of the calendar year or the next business day if on a weekend. Late charges and penalties are set out in Schedule 'A' attached.

7.5. A Business Licence is automatically revoked if payment of fees required by this Bylaw is made by cheque or other instrument which is not accepted by the financial institution on which it is issued.

7.6. Any Business which commences business in the Municipality part way through a calendar year shall pay the Business Licence fees as set forth in Master Fee Schedule.

7.7. Notwithstanding Section 7.6, the Town may issue a business licence after July 1st of any licence year for one half the annual fee as set in the Master Fee Schedule, if the business applying for the business licence has not been

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operating within the limits of the Town prior to July 1st,

7.8. Once the Licensing Officer has issued a business licence, the business licence fee is not refundable.

7.9. When a business closes, moves or ceases its operations at any time through the calendar year all business licence fees paid are not refundable.

7.10. A Licensee shall apply to the Licensing Officer for an amendment to the Licence if there is a change in:

a) the business premises;

b) the owner of the business;

c) the contact information of the business;

d) the business name; or

e) the type of business carried on;

7.11. Should a Business cease to carry on the business for which a Business Licence is granted, the Licensee shall immediately notify the Licensing Officer.

8. POSTING OF LICENCE

8.1. Every Business Licence issued under this Bylaw will be made available for pick- up or mailed to the Licensee;

8.2. The Business Licence shall be posted in a conspicuous place on the Business Premises, Motor Vehicle, Mobile Vending Unit or Push Cart Vending Unit and when requested to do so by the Licensing Officer or Peace Officer, shall produce the Business Licence for inspection.

8.3. In the event that the Business Premises does not have public access, the Licensee when requested to do so by the Licensing Officer or Peace Officer, shall produce the Business Licence for inspection.

9. TRANSFER OF LICENCE

9.1. An existing Business Licence issued under this Bylaw may be transferred upon application to and approval by the Licensing Officer in the following circumstances:

a) when the transfer is from one Licensee to another for the same Business in the same Business Premises; or

b) when the transfer is for a change of civic address from one business premises to another for the same Licensee and Business.

9.2. All Business Licence transfers must comply with the provisions of this Bylaw and the Land Use Bylaw and any other Bylaw of the Municipality.

9.3. A Licensee may not apply for a Business Licence transfer where only the assets of a Business were sold and transferred between Licensees.

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9.4. A fee may be required as set out in the Master Fee Schedule.

10. RECIPROCAL AGREEMENT BETWEEN TURNER VALLEY AND BLACK DIAMOND

10.1. The Towns of Turner Valley and Black Diamond recognize Business Licenses issued in either Town.

10.2. If the Business is a Resident Business, the Licensee must apply in the Town in which their Business Premises is located.

11. EXEMPTIONS

11.1. The following are exemptions from the requirement to obtain a Business Licence; such exemptions do not include an exemption of approvals by the Development Authority under the Land Use Bylaw or any other municipal bylaw:

a) Charitable or Non-Profit Organizations.

b) A business that is carried on or operated by the Government of Alberta, Canada or the Municipality.

c) Foster Homes as interpreted and administered under the Child, Youth and Family Enhancement Act of Alberta.

d) Day Home provider with less than 7 children under care.

e) Home Catalogue Sales/Online Sales.

0 The Operator of a stall within a Farmers Market.

g) An individual under 18 years of age that is providing light duty occasional services such as paper deliveries, babysitting, yard work or snow shoveling.

h) A special event or community event organized or financially sponsored by the Town.

i) An Auctioneer who:

is acting for a sale by auction to which the Seizures Act of Alberta applies;

is acting for the sale of the estate of a deceased person where the sale is made on the authority of an Executor of the estate;

is acting for the sale of goods and chattels taken in distress under the authority of a statute or recovery of a tax, rate or imposition made or levied pursuant to a statute; or

iv. is acting for a charitable organization provided that the auctioneer is not receiving a fee or commission for carrying on the auction.

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j) Craft Sales and Garage Sales that are held at any location a maximum four (4) times per year for a maximum of two (2) consecutive days.

k) Any other business which is excluded from the requirements of this Bylaw by an Act of the Legislature or other Provincial statue including, but not limited to the following:

Professional and Occupational Associations Registration Act R.S.A. 2000 Chapter 26 as amended;

Health Professions Act R.S.A. 2000 Chapter H-7 as amended;

Engineering and Geoscience Professions Act R.S.A. 2000 Chapter E-11 as amended;

iv. Pharmacy and Drug Act R.S.A. 2000 Chapter P-13 as amended;

v. Chartered Professional Accountants Act R.S.A. 2014 Chapter 10.2 as amended; or

vi. Insurance Act R.S.A. 2000 Chapter 1-3 as amended.

12. REGULATIONS PERTAINING TO SPECIFIC LICENCES

12.1. Contractors

12.1.1. The Licensing Officer may revoke a Contractor's or Subcontractor's Business Licence issued to any Licensee who has not obtained the necessary permits prior to commencement of any development or construction project.

12.1.2. The revocation of a Contractors or Sub-contractors Licence shall only apply to that calendar year in which the Business Licence was revoked.

12.2. Retail Cannabis Stores

12.2.1. A Retail Cannabis Store shall adhere to all applicable Federal and Provincial legislation as they relate to retail sales of cannabis.

12.2.2. The maximum operating hours for a Retail Cannabis Store shall be 10:00 a.m. to 12:00 a.m. (midnight) daily, excluding those dates of closure mandated by the Province of Alberta.

12.2.3. The applicant for a Business Licence for a Retail Cannabis Store must provide a copy of the retail cannabis licence issued by the Alberta, Gaming, Liquor and Cannabis Commission at time of application.

12.3. Farmers' Markets

12.3.1. For the purposes of this Bylaw "Stall" shall mean a defined area within a Farmers Market.

12.3.2. The Licensee of a Farmers Market shall, upon request, provide to the Licensing Officer a current list of all stall operators.

12.4. Massage Therapy

12.4.1. No person operating a Massage Therapy Business shall:

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be issued a Business Licence unless the massage therapist(s) are licenced, trained or have credentials, proof of which must be provided at time of application.

12.5. Mobile Vendors, Push Cart Vendors, Hawkers/Peddlers

12.5.1. Mobile Vendors and Push Cart Vendors shall only carry on business at special event locations approved by a Licensing Officer or Licensing Inspector. Written approvals from the event organizer must accompany all business licence applications of this nature.

12.5.2. No person shall carry on business as a Mobile Vendor,, Push Cart Vendor or Hawker/Peddler on private property or public property including parks, streets and sidewalks within the Municipality unless they possess a Business Licence and a letter of permission and permit from the Development Officer.

12.5.3. Mobile Vendors and Push Cart Vendors may be permitted to conduct business within community halls, recreation centers, arenas and similar venues, on a case by case basis relative to other municipal bylaws and at the discretion of the Licensing Officer.

13. APPEAL

13.1. Before refusing to issue or renew a Business Licence, and before a Business Licence is suspended or cancelled or conditions are imposed, other than conditions imposed by this Bylaw, the Applicant or Licensee must be given notice of the proposed refusal, suspension, cancellation or the proposed conditions with reasons; and an opportunity to make written representations to the Licensing Officer.

13.2. If a decision is made to refuse the issuance or renewal of a Business Licence; to suspend or cancel a Business Licence; or to impose conditions on a Business Licence, other than conditions imposed by this Bylaw, notice of the decision may be served on the Applicant or Licensee:

a) a person on the Application or Licensee or any of its officers or employees; or

b) by registered mail to the address in the Application or in the Business Registry.

13.3. Upon receipt of such notice, the Applicant or Licensee shall cease operating the Business immediately.

13.4. A person who has been refused the issuance or renewal of a Business Licence; whose Business Licence has been suspended or cancelled; or whose Business Licence is made subject to conditions, other than conditions imposed by this Bylaw, may appeal the decision within fourteen (14) days by providing written notice to the Chief Administrative Officer. Upon receipt of an appeal, the CAO

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shall forthwith place the appeal on the agenda of the next ensuring agenda of the Council at which time the appeal shall be heard. Accompanying such appeal shall be a written report of the Licensing Officer advising as to the reason for the refusal, suspension, cancellation or conditions.

13.5. At the hearing of the appeal, Council may review the written submissions of the appellant, the Licensing Officer and of any other person the Council deems has the right to speak or may hear such submission verbally.

13.6. Within ten (10) days of the completion of the hearing, Council shall:

a) direct that the Business be added to the Business Registry;

b) confirm the refusal, suspension, cancellation or conditions;

c) reinstate the revoked Business Licence; or

d) remove or vary the suspension.

14. OFFENCE

14.1. The issuance of a Business Licence under this Bylaw does not authorize or permit the Licensee to carry on business contrary to the provision of the Land Use Bylaw.

14.2. No owner, manager of a Business or other property shall allow or permit any person to carry on any Business thereon without such person being in possession of a valid Business Licence as required under this Bylaw.

14.3. Any person who contravenes any provision of this Bylaw is guilty of an offence.

14.4. A Peace Officer is hereby authorized and empowered to issue a Violation Ticket to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. A Violation Ticket may be issued to such person:

a) either personally; or

b) by mailing a copy to such person at their last known post office address.

15. MINIMUM AND SPECIFIED PENALTIES

15.1. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to a fine of not more than Ten Thousand ($10,000) Dollars or in default of payment one (1) year imprisonment, or to both fine and imprisonment in such amounts.

15.2. Where there is a minimum penalty listed for an offence in Schedule "A" to this Bylaw, that amount is the minimum penalty for the offence

15.3. Where there is a specified penalty listed for an offence in Schedule "A" to this Bylaw, that amount is the specified penalty for the offence

15.4. Notwithstanding Sections 15.2 and 15.3 of this Bylaw, the minimum and specified

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penalties for a second offence against this Bylaw within a one (1) year period shall be double the amounts listed in Schedule "A" for the offence, and the minimum and specified penalties for a third or subsequent offence against this Bylaw within a one (1) year period shall be triple the amounts listed in Schedule "A" for the offence.

15.5. In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day or part of a day on which it continues.

15.6. The levying and payment of any fine provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which that person is liable under the provisions of this Bylaw or any other Bylaw.

15.7. Any Peace Officer who has reasonable grounds to believe that any person has contravened any provision of this Bylaw may issue and serve:

a. a violation tag allowing a payment of the specified penalty to the Town; or

b. a violation ticket allowing payment according to the provisions of the Provincial Offences Procedure Act, Revised Statutes of Alberta 2000, Chapter P-34 and amendments thereto.

15.8. The levying and payment of any fine provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which that person is liable under the provisions of this Bylaw or any other Bylaw.

15.9. Service of a violation tag will be sufficient if it is:

a. personally served; or

b. served by regular mail to the person's last known mailing address.

15.10. If a violation ticket is issued in respect to an offence, the violation ticket may:

a. specify the fine amount established by this Bylaw for the offence; or

b. require a person to appear in Court without the alternative of making a voluntary payment.

15.11. A person who commits an offence may:

a. if a violation ticket is issued in respect of the offence; and

b. if the violation ticket specified the fine amount established by this Bylaw for the offence;

make a voluntary payment equal to the specified fine by delivering the violation ticket and the specified fine to the Provincial Courthouse specified on the violation ticket.

16. SUMMONS OR VIOLATION TICKET

16.1. If a Summons or Violation Ticket has been issued and if the specified penalty has not been paid within the prescribed time, then a Peace Officer is hereby

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authorized and empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act;

16.2. A Peace Officer is hereby authorized and empowered to immediately issue a Summons or Violation Ticket pursuant to the Provincial Offences Procedure Act to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw;

16.3. If a Summons or Violation Ticket is issued in respect of an offence, the Summons or Violation Ticket may;

a) specify the penalty amount established by this Bylaw for the offence; or

b) require a person to appear in court without the alternative of making a voluntary payment.

16.4. A person who commits an offence may:

a) if a Summons or Violation Ticket is issued in respect of the offence; and

b) if the Summons or Violation Ticket specified, the penalty amount established by this Bylaw for the offence

Make a voluntary payment by submitting to a Clerk of the Provincial Court on or before the initial appearance date indicated on the Summons or Violation Ticket, the specified penalty set out on the Violation Ticket.

16.5. A person who is guilty of an offence is liable to a penalty in an amount not less than $500.00 and not more than $10,000.00, and in default of payment of the fine and costs to imprisonment for a term not exceeding one (1) year.

16.6. Where a contravention of this bylaw is of a continuing nature, further Summons or Violation Tickets may be issued by the Peace Officer, provided that no more than one Violation Ticket or Violation Ticket may be issued for each 24-hour period that the contravention continues.

16.7. Nothing contained in the bylaw in any way prohibits or otherwise affects the Municipality's ability to utilize the enforcement provisions in the Municipal Government Act of Alberta and amendments thereto.

17. GENERAL

17.1. Town Council may from time to time by resolution, set licence fees within the Master Fee Schedule.

17.2. The schedules to this Bylaw shall be included in and form part of this Bylaw.

17.3. Nothing in this Bylaw relieves a Person from complying with any provision of any federal or provincial law or regulation, other Bylaw, or any requirement of any lawful permit, order or licence. The issuance of a Business Licence shall not be deemed to be confirmation that a person has complied with the requirements of any federal or provincial law or regulation or other bylaw.

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MAYOR CHIEF ADMINISTRATIVE OFFICER

READ A THIRD AND FINAL TIME this 15 day of October 2018 .„ 4

MAYOR

CHIEF ADMINISTRATIVE OFFICER


18. SEVERABILITY

18.1. Should any provisions of this Bylaw be found to be unlawful or outside the jurisdiction of the Municipality, such provision or provisions will be severed from the Bylaw and the remaining provisions will continue to be in force.

19. EFFECTIVE DATE AND REPEAL OF EXISTING BYLAWS

19.1. Bylaw 968-08 is hereby repealed on the date that this Bylaw comes into full force and effect.

19.2. This Bylaw shall come into full force and effect upon third and final reading.

READ A FIRST TIME this 17 day of September 2018

MAYOR CHIEF ADMINISTRATIVE OFFICER

READ A SECOND TIME this 15 day of October 2018

///


Schedule "A"

SECTION OFFENCE MINIMUM PENALTY

SPECIFIED PENALTY

3.9 Contravene condition of business licence $250.00 $500.00

3.9 Fail to give access to premises on business licence

$250.00 $500.00

5.4 Carry on business in breach of imposed condition(s)

$250.00 $500.00

7.2 Carry on or operate business without a licence $250.00 $1000.00

7.3 Late Charge for non-renewal within 30 days of expiry

$100.00 $250.00

8.2 Fail to produce a licence upon request $250.00 $500.00

13.1 Carry on business when suspended $500.00 $1,500.00

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