TOWN OF LACOMBE

BYLAW  189

A By-law to authorize the Municipal Council of the Town of Lacombe, in the Province of Alberta, to provide for the licensing, control and regulating of any business within the Town of Lacombe 

WHEREAS the Municipal Government Act, R..S.A. 1980, c.M-26, s.222 as amended, authorizes a Council to control and regulate all businesses carried on within the municipality, including the manner, nature and location thereof, and authorizes the licensing of any or all such businesses or industries, whether or not the business has a business premise within the municipality;

AND WHEREAS s.224 (supra) authorizes a Council to:

          a)       License any business or industry,

          b)          Restrict or limit its operations,

          c)          Impose a penalty, and

          d)          Prohibit the carrying on of any business or industry without a license.

AND WHEREAS it is deemed desirable and necessary to license and control  business and industry within the Town of Lacombe.

NOW THEREFORE, the Council of the Town of Lacombe in the Province of Alberta, duly assembled ENACTS AS FOLLOWS:

SHORT TITLE

1.       This By-law may be cited as "The Town of Lacombe Business License By-law".

DEFINITIONS

 2.       In this By-law, unless the context otherwise requires;

          1)       "ACT" shall mean the Municipal Government Act, R..S.A. 1980, c.M-26, s.222 as amended,

2)       ADVERTISING" shall mean any person who by appointment or otherwise who

                   a)       sells and/or attempts to sell,

                   b)       solicits,

                   c)       collects money,

                   d)       distributes handbills, circulars,or samples, or

                   e)       uses the highways of the Town for visual advertising purposes, and includes a vehicle showing thereon the name of the owner or the nature of the business of the owner, and displays advertising material concerning the merchandise of such owner.

 3)       "AMUSEMENT ARCADE" shall mean any business where any machines, games or devices are kept or operated for the purpose of furnishing  entertainment or amusement to the public for a fee. 

 4)       "APARTMENT HOUSE" shall mean a building designed and built or converted to contain at least four dwelling units and sharing essential services and facilities and includes a multi-use building containing four or more dwelling units above commercial or retail space.

 5)       "APPLICANT" shall mean a person who applies for a license or a renewal of a license required by this By-law.

 6)       "AUCTIONEER" shall mean any person who sells, offers for sale, or intends to sell goods, chattels or anything whatsoever by public auction;  

 7)       "AUCTIONEERING" shall mean the business conducted by an auctioneer;

 8)       "AUTOMOTIVE AND RELATED" shall mean any business where new or used motorized vehicles or trailers are: 

                   1)       sold, 

                   2)       salvaged,

                   3)       erviced,

                   4)       repaired,

                   5)       painted,

                   6)       washed,

                   7)       cleaned, or upholstered, or

                   8)       where parts, tires, gasoline, propane,  motor oil are sold by retail for  motor vehicles.

 9)       "BARBER SHOP, HAIRDRESSER" shall mean a business where any of the following services are provided:  Shampooing, Cutting, colouring, shaving, or treating hair.

 10)     "BEAUTY PARLOUR"  shall mean a business where shampooing, cutting, colouring, shaving of hair is provided, but where services not relating to hair may be provided.

11)     "BINGO HALL" shall mean any premises where the game of "Bingo" is operated.

12)     "CHARITABLE" or "NON-PROFIT ORGANIZATION" shall mean a person, association of persons, or a corporation, acting for charity or in the promotion of general social welfare and includes:

          1)           a religious society or organization,

          2)           a service club;

          3)           a community, veteran or youth organization,

          4)           a social, sport, or fraternal organization or club;

          5)           an employers' or employees' organization.

          who raise money for specific projects and not for profit.

13)     "CHIEF LICENSE INSPECTOR" shall mean the Town Manager of the Town of Lacombe, or someone appointed as a delegate.

 14)     "COLLECTION AGENCY" shall mean a person, other than a collector, who carries on the business

                    1)       of collecting or attempting to collect debts for other persons,

                   2)       of collecting or attempting to collect debts under any name which differs from that of the creditor to whom the debt is owed.

 15)     "COLLECTOR" shall mean a person employed or authorized by a collection agency to:

                    1)       collect or attempt to collect money,

                    2)          solicit business,

                    3)          collects money on tangibles, or

                    4)          locates debtors

16)     "COUNCIL" shall mean the Municipal Council of the Town of Lacombe.

17)     "DEVELOPMENT PERMIT" shall mean a document authorizing a development issued pursuant to the Land Use Bylaw No 73 of the Town of Lacombe.

18)     "GENERAL CONTRACTOR" shall mean anyone who enters into a contract or contracts to build or renovate on a project.

19)     "HAWKER/PEDDLER" shall mean any person who goes about the Town selling goods, wares, merchandise, or food products on foot or from a vehicle or trailer,  located in any street or roadway which is in accordance with other Town By-laws, other than at a building which is his permanent place of business, and where the merchandise is delivered or ordered at the time the sale is made, but does not include any person selling fruit and vegetables or other farm produce which has been produced, or grown by himself, or fish of his own catching.

20)     "HOME HEALTH SERVICES" shall mean a person, company, or organization which provides professional care services, in the home but not limited to:

                   1)       nurses aide care, 

                   2)       homemaking,

                   3)       companion/sitting,

                   4)       childcare services,

                   5)       relief or caregivers, 

                   6)       shopping,

                   7)       transportation,

                   8)       footcare/blood pressure clinic, 

                   9)       house cleaning,

                   10)     paramedical services to individuals living on their own or in group home settings. 

21)     "HOME OCCUPATION" shall mean any business, occupation, trade calling or craft carried on from a residence or accessory residential building, by one or more members of a family actually occupying the said residence and for which a home occupation has been approved under the provisions of the Land Use By-law of the Town of Lacombe.

 22)     "INDUSTRIAL ENTERPRISE" shall mean an enterprise or undertaking, including a cooperative enterprise or undertaking, engaged in or carrying on, or proposing to engage in or carry on, in the Province, an industry, trade, business, manufacturer or other enterprise or undertaking of any kind, including without limiting the generality of the foregoing,

                   1)       form of agriculture

                   2)       the processing of agricultural products.

 23)     "KENNELS/BOARDING" shall mean a business where four or more dogs over the age of six months are kept or harboured for compensation or sale.

 24)     "LARGE MANUFACTURING" shall mean any article made from raw materials by hand or by machine which are heavy and bulky.

 25)     "LICENSE" shall mean the example on "Schedule D".

 26)     "LICENSEE" shall mean a person, partnership or corporation who holds a valid license issued pursuant to this By-law.

 27)     "LICENSE INSPECTOR" shall mean and include the Town Manager, By-law Enforcement Officer or any other duly authorized and appointed person acting on their behalf.

 28)     "MASSAGE" or "MASSAGES" shall mean kneading, manipulating, rubbing, touching or physically stimulating, by direct or indirect means, a person's body or part thereof but does not include medical or therapeutic treatment given by a person duly qualified, licensed or registered so to do under the laws of the Province of Alberta;

 29)     "MASSAGIST" shall mean a person who administers a massage;

 30)     "MASSAGE PARLOUR" shall mean a business where massages are performed or offered to the public.

 31)     "MUNICIPAL PLANNING COMMISSION" shall mean a municipal planning commission established by Council pursuant to Planning Act R.S.A. 1980, C-P-9 as amended or replaced form time to time.

 32)     "NON-RESIDENT" shall mean a person, partnership or corporation whose headquarters or business enterprise is located outside of the Town of Lacombe corporate boundaries.

 33)     "OWNER"  shall  mean a person who holds as property.

 34)     "PAWNBROKER" shall mean a person who carries on a business of loaning money on the security of the pledge or pawn of personal property or a person who holds himself out as ready to loan money on such security, but does not include banks, trust companies, credit unions or other similar institutions.

 35)     "PERSON" shall mean  a sole proprietorship, a partnership or corporation. 

36)     "PHRENOLOGIST, FORTUNE TELLER" shall mean a person carrying on business as a Phrenologist, Fortune Teller, Palmist, Card Reader, Graphologist or other similar occupation.

 37)     "PREMISES" shall mean  any store, office, warehouse, factory, building, enclosure, yard or otherplace occupied, or capable of being occupied, by any person for the purpose of any business.

 38)     "PROFESSIONAL" shall mean a person who is a member of an association or group determined by regulation.

 39)     "PROFESSIONAL CANVASSER OR PROMOTER" shall mean a person who canvases for contributions, sells anything or organizes and promotes entertainment and performances on behalf of any charitable profitable or non-profit organization for a monetary or other return in excess of actual disbursements made and expenses incurred by such person.

 40)     "RECREATIONAL VEHICLES SALES OUTLET" shall mean a businesss where new or used but not limited to motor, holiday trailers, campers, motor boats are sold or repaired.

 41)     "RESIDENT BUSINESS" shall mean a person, partnership or corporation whose business headquarters or business enterprise is located within the corporate boundaries of the Town of Lacombe, and pays property taxes or a business license to the Town.

 42)     "RETAIL BUSINESS" shall mean the selling or offering for sale of goods or services by retail but not for resale.

 43)     "SECONDHAND DEALER" shall mean the business of purchasing, selling or exchanging of articles or things of any kind or nature which have been worn or used and shall without limiting the generality of the foregoing, include the business of purchasing, selling, exchanging or in any way dealing in scrap metal.

 44)     "SECONDHAND GOODS" shall mean personal property, wares or merchandise previously sold by a retailer to a consumer, who in turn sells or disposes of it.

 45)     "SERVICES" shall mean to perform work, labour or service of any kind, service provided for social, recreational or self-improvement of any kind, privileges with respect to transportation, hotel and restaurant accommodations.

 46)     "SMALL MANUFACTURER" shall mean any article made by hand or machine from raw products having comparitvely very little size or slight dimension.

 47)     "SUB-CONTRACTOR" shall mean any contractor who enters into a contract or contracts to build or renovate a project under the supervision of a General Contractor or owner.

 48)     "TOWN" shall mean either the Municipal Corporation of the Town of Lacombe or the geographic area within the Corporate Limits of the Town of Lacombe, as the context may dictate.

 49)     "VIOLATION TICKET" shall mean  a tag or ticket whereby the person alleged to have committed a breach of a provision of this By-law is given an opportunity to pay a voluntary penalty to the Town of Lacombe in lieu of prosecution for the offense.

 50)     "WHOLESALER" shall mean any person who buys products for resale, standing or after preparation, conditioning or processing.

APPOINTMENT AND DUTIES

 3.       The Licensing Officer shall be appointed by the Council to carry out the provisions of this Bylaw.  The duties of the Licensing Officer are:

          a)       to receive and consider applications for a business license.

          b)       to classify businesses for the purposes of establishing applicable license fees and determining whether the business is subject to any special provisions set out in this bylaw.

          c)       to conduct investigations with regard to proposed applications where necessary.

          d)       to conduct inspections of business premises where necessary.

          e)       to collect business license fees pursuant to this Bylaw.

          f)       to refuse or grant business licenses where deemed appropriate.

          g)       to revoke business licenses where deemed appropriate and necessary.

          h)       to commence prosecutions for violations of the Bylaw, and

          i)        to appoint an authorized person to obtain any required information where necessary.

NECESSITY FOR LICENSE

 4.       No person shall within or partly within the Town of Lacombe corporate limits:

           a)       carry on or operate any of the businesses, callings, trades or occupations,  or 

          b)       carry on any undertaking or do any act or use or have any article, for which a license is required under the provisions of this Bylaw unless he holds a valid license issued pursuant to the provisions of this Bylaw.

LICENSE NOT REQUIRED

 5.          Notwithstanding  Section 4 above,  no license shall be required:

          a)       for a business carried on or operated by the Town of Lacombe or at a location operated by an official or employee of the Town, acting on behalf of the Town;

          b)       for a Charitable or Non Profit organization;

          c)       for such other businesses as Council by Resolution may from to time exempt; or

          d)       for a business carried on by the Governments of the Province of Alberta or Canada,

          e)       nor shall a license be required by any person or business if any Statute of Canada or of the Province exempts such person or business from requirements of municipal licensing.

CLASSIFICATION OF LICENSE

6.       Where a business utilizes any type of premises within, or partly within the Town excepting a residence or residential dwelling unit, the operator of that business shall be required to obtain a Resident Business License.

7.       Where a business utilizes a residence or residential dwelling unit within, or partly within the Town,   the operator of that business shall be required to obtain a Home Occupation Business License.

8.       Where a business has its base of operation a premises or location outside of the Town and the business activity is carried on within the Town outside of a business premises or residence,  the operator of that business shall be required to obtain a Non Resident Business License.

9.       Even though a business may not be specifically enumerated within the classifications set out in Schedule B,  the License Inspector shall be empowered to examine the nature and operation to a particular business and classify that business similarly to those businesses specified. 

SPECIAL PROVISIONS FOR CERTAIN BUSINESSES

10.     In addition to the general provisions of this bylaw those business enumerated in Schedule A shall also comply with special provisions and requirements set out therein.

11.     While a business may not be specifically enumerated the provisions of Schedule A may be deemed by the License Inspector to apply if the business is similar in nature and operation to those specified.  

COMBINATION LICENSE

12.     No person may operate more than two businesses, callings, trades or occupations from any one premise or structure without obtaining business licenses for each and every business, calling, trade or occupation carried on in excess of the original two.

APPLICATION AND ISSUANCE OF BUSINESS LICENSES

13.          Applications for all classifications of business license, their renewal or transfer, shall be made in writing on the respective form prescribed in Schedule C.

14.     Upon receipt of an application for a business license, the Licensing Officer may:

          a)       approve the application and grant a business license or,

          b)       hold the application until such time as the applicant satisfies any requirements for a provincial license or development permit, or;

          c)       reject the application and refuse a business license if in the opinion of the License Inspection the person, company, or organization is not operating in good faith, is offensive to the Public, or is suspected of trying to defraud the Public.

15.     An approved license shall not be issued until the applicant has paid the proper license fee as set out in Schedule "B" and determined by the License Inspector.

16.     An application for license for any business or occupation of a type mentioned in this By-law shall be made jointly by all the persons who will be actively engaged in the management and control of the business and those persons only.  If in the course of any license year additional persons are added to those sharing the management and control of the licensed operation then the additional names shall be forthwith given to the License Inspector.  Failure to disclose to the Town of Lacombe any of the information required herein shall be grounds for immediate cancellation of the license and the forfeiture of any Business License fee paid.

TERM OF LICENSE

17.     The term of License issued under this bylaw is for one year from January 1 to December 31 in each calendar year unless a daily or weekly or monthly license fee is issued or the license has been sooner cancelled or forfeited.

PRO-RATED LICENSE FEES

18.      Businesses commencing operation the period Sept 1 to Dec. 31 in any calendar year will be required to pay only 50% of the total annual business license fee. 

TRANSFER OF BUSINESS LICENSE

 19.          Applications for the transfer of an existing Resident Business License issued under of this By-law may be transferred upon application to the License Inspector and the payment of a $10.00 fee, providing that they comply with the following provisions:

          a)       transfer from one person to another for the same business in the same business premises or,

          b)       transfer from one business premises to another for the same licensee, provided that the premises or property concerned comply with the provisions of this By-law and with the provisions of any other by-law of the Town.

REQUIREMENT OF PROVINCIAL LICENSE

20.     Every person who applies for a business license from the Town is required to be in possession of a valid provincial license where such is required by the Province of Alberta before the Town will issue a business license to that person.

DISCLOSURE OF INFORMATION

21.     Every person carrying on or engaged in any business in respect of which a license is required under this bylaw, on request of a License Inspector, shall give to the Inspector all information necessary to enable him to carry out his/her duties.

LAND USE AND DEVELOPMENT CONTROL

22.     The issuance of business license under this bylaw does not constitute development approval under the Town's Land Use bylaws. The holder of an existing business license or an applicant for a business license is responsible for obtaining such development approval as may be necessary. Where such approval cannot be obtained, the License Inspector shall forthwith cancel any existing license and refuse any applications for license.

POSTING OF LICENSES

23.     Every license issued under the By-law shall be made out and delivered or mailed to the Licensee who shall post same in a conspicuous place on his business premises and whenever required to do so, by the Town Manager or License Inspector or any other authorized person, shall produce the license for inspection purposes.

REFUNDS OF BUSINESS LICENSE FEES

24.     Upon death or retirement of a resident business owner where the business is being permanently closed, the person, his estate, executor or spouse may apply to the municipality for a refund of the unexpired portion of the business license fee. 

25.     Where a license is revoked or surrendered prior to June 30 upon written request from the licensee one half (1/2) the annual fee will be returned but this provision shall not apply to any license issued for a period of less than a full license year.

REVOCATION OR SUSPENSION OF LICENSE

26.     The License Inspector may revoke or suspend any license issued under the provisions of this By-law

          a)       for failure to comply with any of the conditions or regulations of this Bylaw 

          b)       for failure to comply with any other By-law or regulation of the Town, or

          c)       for failure to comply with any legislation or regulation of the Province of Alberta.

          d)       if in the opinion of the License Inspector the applicant or the holder of a business license intends or appears to intend to defraud or appears to have defrauded the public in any way or, 

          e)       if in the opinion of the License Inspector the conduct of the licensee is offensive,

27.     In addition to the revocation or suspension of a non-resident business license under subsections 26 d) or e) above, the License Inspector may ask assistance from the Lacombe Police Service to escort an itinerant to the corporate limits of the Town.

28.     Where a fee has been paid by cheque and such is not accepted and cashed by the bank on which it is drawn, the license will automatically be revoked.

APPEAL OF SUSPENSION OR REVOCATION

29.     Where an application for a license or a transfer of a license has been refused, or where a license has been authorized subject to conditions, or where a license has been revoked, the applicant shall be entitled to appeal to Council.

30.     After hearing the appellent and the evidence adduced, Council may:

          a)       confirm such refusal, 

          b)       give conditional approval, 

          c)       may direct that the license be issued either conditionally or unconditionally as may be deemed expedient in the public interest;

          The decision of the Council shall be final.

RENEWAL AND COLLECTION OF LICENSE FEES

 31.     On or about January 1 of each calendar year, the License Inspector shall issue an invoice to the holder of a license issued in the previous year for the amount required to renew the license for another term. The license is due and payable within 60 days from the date of issue of the invoice. 

 32.     Upon expiry of the 60 days from the date of the issue of the invoice a notice shall be issued to the previous license holder directly that 

           a)       the business license fee be paid owner any license outstanding licenses will be subject to the  penalty of per month for each month the business license is in arrears, and issue a 30 day final notice.

33.     Any balance outstanding beyond 60 days  from the date of issue of the invoice shall be assessed interest charge similar to applied to general accounts payable to the Town.

34.     At the expiry of the 30 day final notice issued under section 32 above, the License Inspector may cause 

          a)       the uncollected business license fees to be collected by a collection agency on behalf of the Town, or

          b)       the issuance of a summons requiring the accused to appear in Court for prosecution of violations occurring under the provisions of this act.

OFFENCES AND PENALTIES

35.     A person licensed, or required to be licensed by this Bylaw, shall comply with all parts of this By-law relative to the business in respect of which the license is issued or required.

36.     Any person violating any of the provisions of this Bylaw or any of the conditions of the license granted to him, shall be guilty of an offence and liable on summary conviction to a fine of not less than One Hundred (100.00) Dollars and not more than Five Hundred (500.00) Dollars and costs.

37.     For a second or subsequent offence, the offender is liable to a fine of not more than five ($500.00) dollars and not less than one hundred and fifty ($150.00) dollars.

38.     An offence ticket may be issued by a Peace Officer, the Bylaw Enforcement Officer or the License Inspector to any person, firm or corporation who has allegedly breached any provision of this Bylaw and the said offence ticket shall require the appropriate penalty payment to the Town of Lacombe within (10) days from the date of service of the said offence ticket.

39.     A Violation Ticket shall be deemed sufficiently served if:

          a)       served personally on the accused, or

          b)       sent to the alleged offender by double registered mail at the last available address.

40.     If at any time after the expiration of the ten (10) days from service of the offence ticket, and up to and excluding three days prior to the court appearance on any summons issued, a person tenders payment for an offence ticket issued for contravention of any section of this Bylaw, The Town of Lacombe shall accept payment of the penalty specified in Section 387 above in lieu of prosecution

41.     Where the offence is non-payment of any license fee payable hereunder, the convicting magistrate shall adjudge payment thereof in addition to the fine imposed.

42.     If, in any prosecution or proceeding under this Bylaw providing for the licensing of any business, or of persons carrying on the business or engaged therein, it is alleged that the person proceeded against, carried on or engaged in the business without having first obtained a license to do so, proof of one transaction in the business is sufficient to establish that the person proceeded against, carried on or engaged in the business.

43.     Should any person requiring a license, not obtain a license before commencing business, in the Town of Lacombe, the license fee payable by that person shall be double the amount as set out in this Bylaw for that particular business.

CONVICTIONS

44.     If a licensee is convicted twice in any one calendar year of a breach of any of the provisions of this By-law, any license issued to such licensee pursuant to the provisions of this Bylaw shall ispo facto cancelled.

45.     If a licensee is convicted:

          a)       of an offence under the provisions of the Criminal Code with respect to houses of ill fame or bawdy houses, or slot machines, or betting or gaming houses, or

          b)       of an offence which by its nature is, in the opinion of the Chief of Police, facilitated by the type of business carried on by the convicted licensee, 

          the license issued to such licensee under the provision of this By-law shall be cancelled.

46.     Upon request by the Medical Officer of Health so to do, the License Inspector shall suspend the license of any licensed premises concerned and shall not reinstate such licensee until the Medical Officer of Health certifies that the premises are again fit to be used.

TRANSITIONAL AND CONSEQUENTIAL PROVISION

47.     This Bylaw shall come into force on January 1, A.D. 1994

48.     Town of Lacombe Business License By-law, being Bylaw  No. 23, including all amendments thereto, is hereby repealed.

49.     Schedules A, B and C are attached to and forming part of this Bylaw.

Introduced and given first reading this 8th day of November, A.D. 1993.

Given second reading this 22nd day of November, A.D. 1993.

Given third and final reading this 13th day of December, A.D. 1993

____________________________

Mayor

____________________________

Municipal Secretary

TOWN OF LACOMBE

BYLAW 189

SCHEDULE A

SPECIAL PROVISIONS RELATING TO CERTAIN BUSINESSES

In addition to the general provisions of the Bylaw the enumerated businesses are subject to the following special provisions

1.            AMUSEMENT ARCADE

           1)       Both the Owner and the Manager of an Amusement Arcade shall be jointly and severally responsible for providing proper and adequate continuous supervision and control of the premises on which the business is carried on at all times when the same are open to the public.

           2)       At all times when an Amusement Arcade is open to the public either the Owner or Manager employed by the Owner shall be personally present on the said premises.

           3)       the Owner of an Amusement Arcade shall not employ any person of less than 18 years of age in connection in any way with the operation of an Amusement Arcade.

           4)       The Owner and the Manager and any employee engaged in the operation of an amusement Arcade shall not suffer, allow or permit persons not actively making use of the amusement, sport or arcade machines located on the premises, to loiter upon the said premises.

           5)       No person under the age of 14 shall be permitted on the premises of an Amusement Arcade unless accompanied by a parent or guardian.

           6)       Notwithstanding Sub-Section (a) or anything elsewhere provided in this By-law, an Amusement Arcade license shall not be required in respect to rides operated for the amusement of children.

           7)       No Amusement Arcade  shall be opened or remain open after the hour of 11:00 o'clock in the evening until 6:00 o'clock in the following morning on any day from Sunday to Friday inclusive nor after 11:00 o'clock in the evening on Saturday until 12:00 noon in the afternoon of any Sunday.

2.            AUCTIONEER

No person shall engage in auctioneering unless he/she is the holder of a valid Provincial License.

3.         AUTO BODY SHOP, AUTOMOTIVE REPAIR AND SERVICE

          1)       Unless a Licensee of Auto Body Shop or an Automobile Repair and Service is also a holder of a valid and subsisting Automobile Dealer License for the location where he operates, he shall not on any part of the of the site where such business is located:

          a) place or allow any person to place a motor vehicle which is advertised for sale,

          b) sell or offer to sell secondhand motor vehicles other than his own personal automobile which is registered in his name.

4.            BOARDING KENNEL

          Boarding Kennel or Registered Kennel shall be constructed in accordance with all standards prescribed by the Local Board of Health and, unless and until the Medical Officer of Health approves the premises to be used for a Boarding Kennel or Registered Kennel, the License Inspector shall not issue a License to the owner or operator of such premises.

5.            CHRISTMAS TREE VENDOR

Every person who offers Christmas Trees for sale on the site outside of a building shall:

          1)       first obtain a License listing the site or sites to be used and shall pay the License Fee set out in "Schedule B", and

          2)       comply with any other Town of Lacombe By-laws applicable to his operation and upon the site for which the License is issued, being that the site must be properly cleaned up of all left-over trees,branches, boxes, stakes, pipes and debris of any kind used in connection with the sale of the Christmas trees, and cleaned to the satisfaction of the License Inspector and shall be completed within one (1) week after the sale of the trees is completed.

         3)       Part II, Section 5 (1) will not apply to Part I, Section  2, Clause 12.

6.            CIRCUS/MIDWAY

         The License Inspector shall not issue a License for a Circus or Midway unless the applicant produces proof of Liability Insurance in an amount adequate, in the opinion of the Town Manager or his assignee, covering Public Liability for all personal injury and property damage which may occur by reason of the operation of the Circus or Midway such insurance is endorsed so as to add to the Town of Lacombe as an additional or an insured party for the time to be covered by the License.

7.            CONSTRUCTION CONTRACTOR

          1)       Includes subcontractor and sub-tradesman such as, but not limited to excavator, concrete placer, plasterer, stucco , brick layer, stone mason, building mover, landscaper, floor layer or finisher, painter and paper hanger, roofing and siding applicator, structural  steel  erector ,  insulator, carpenter and cabinet maker and wood worker, plumber and gas fitter, electrical contractor, sheet metal worker, steam fitter.

           2)       A General Contractor shall include with an application for business license Form C4 of Appendix C setting out the names and addresses of each sub-contractor engaged by the General Contractor to carry out any of the work on any building or structure on which the General Contractor holds the contract.

           3)       If theGeneral Contractor fails to provide a complete list of the sub-contractors he to be used, the General Contractor will be held liable for the Business license fees for those sub-contractors who fail to takeout the required  business license. 

8.            FARMERS' MARKET

            Farmers' Market Organization must pay a yearly business license fee.  All producers selling at the Farmers' Market, are covered under the Farmers' Market Business License. 

9.            FIREARM/AMMUNITION DEALERS

           All Firearm & Ammunition Dealers shall comply with all Federal, Provincial or Municipal Regulations concerning  firearms and ammunition.  The License Inspector shall notify the Lacombe Police Service if a person makes application to operate a business selling firearms and ammunition.

10.      FOOD CART VENDOR, MOBILE FOOD VENDOR, MOBILE VENDOR, CONCESSION

          The licensee himself, or a person he hires may operate the vehicle/cart and may sell on the streets of the Town of Lacombe provided:

          1)       the operator is:

          a) of the full age of eighteen years,

          b) of the full age of twelve years and, if less than the age of eighteen years, has first furnished the Licensee with a written consent signed by a parent or lawful guardian that he may operate a foot-pedalled or push cart. 

          2)       The vehicle must park and conduct business only on areas approved according to the Lacombe Traffic By-law # 38 as amended or replaced from time to time.

          3)       The vehicle and the manner of handling the products sold and the sale thereof complies with all standards prescribed by the Department of Health in the Province of Alberta.  All Health Certificates must be current and displayed at all times.

          4)       No sale is to be made within one block in any direction of any Public or Separate, or Private School.

          5)       No sale is to be made before 9:00 o'clock in the morning or after 9:00 o'clock in the evening of any day.

          6)       No sale is to be made in a public park or a playground of the Town unless permission, authorized by the Town Manager or his designate has been given in writing allowing the sale of food stuffs in a Town park or playground.

11.      HOME OCCUPATION

          1)       A resident, or property owner who intends to carry on a Home Occupation must apply for a Development Permit.

          2)       The applicant shall release a copy of the approved Development Permit to the Business License Inspector before he/she files an "A2" application form.

          3)       If  the resident of the property wishes to operate two businesses from his residence, he shall seek development approval for each business individually, and will be charged a single business fee.  Should he/she wish to operate three  businesses from the same residence, he shall seek development  approval and pay for the third business as set out in "Schedule B"

12.            MASSAGE PARLOR

           1)      No premises or part thereof used as a massage parlour shall be used as dwelling or for sleeping purposes, unless the development permit has been approved for a residence. 

           2)       The premises of every massage parlour shall be kept in a clean and sanitary condition at all times.

           3)       All massage appliances and any other article or device applied to a customers' body for or in connection with a massage shall be cleansed and disinfected after each individual use with a disinfecting solution satisfactory to the Medical  Health Officer and no such appliance, article or device shall be used or available for use in a massage parlour unless it is so constructed as to be readily capable of being so cleansed or disinfected.

          4)       No owner, operator or massagist shall use, or permit to be used, any telephone for the purpose of advertising or soliciting any person to use the service or services provided in a massage parlour.

           5)       Every operator of a massage parlour and every owner who operates his own massage parlour shall file with the Town a list of all services offered, performed or solicited in, upon or at the said massage parlour, and of the respective fees charged for such services, and, if such charges be based on a computation of time, the hourly rate shall be shown on such list.  The list of services and charges shall be posted in each room used for the purpose of massage.

           6)       Subject to the By-law, no owner or operator shall permit in any massage parlour owned or operated by him the offering, selling, giving, performing or soliciting of any service other than massages, or the selling, giving, trading or offering of any goods unless the owner of the said massage parlour obtains the consent of the Town of Lacombe to so permit such trade, calling, business or occupation and, subject to the  discretion of the Town of Lacombe, a description of such services or goods is endorsed on the license for the massage parlour.

           7)       No person under the age of 18 years of age may be or act as an owner or operator of a massage parlour or provide any services in a massage parlour.

           8)       No person shall perform or administer a massage unless he or she is licensed as a massagist pursuant to this By-law.

           9)       No applicant for a license as a massagist shall be issued a license unless the applicant is the holder of Certificate of Proficiency in body Massage from a Post Secondary Institution in Alberta; or a certificate of equal proficiency.

           10)     No owner's license shall be transferred and if an owner sells, leases or otherwise disposes of his massage parlour or the premises or part thereof upon or in which a massage parlour is operated to any person, his license in respect of such massage parlour or premises shall, notwithstanding any other provision of this by-law, terminate.

13.            MOBILE UNIT PARKS

           The License Inspector shall not issue a License for the operation of a Mobile Unit Park until he has obtained the approval of the Development Officer, the Building Inspector and the approval from the Medical Officer of Health.

14.      PAWN BROKER

           1)       No Pawn Brokers license shall be issued to any person who carries on any business as an auctioneer, or as a second hand dealer.

           2)       Every pawn broker shall keep a book or other record in a form satisfactory to the License Inspector in which shall be recorded in permanent form at the end of each transaction the following information.

          a) an accurate description of the property pawned or pledged;

          b) a statement of any description, mark or other identifying characteristic of such property.

          c) the date and time such property was acquired by the pawn broker;

          d) the rate of interest to be paid by the pledgor;

          e) the name, address and an accurate description of the person from whom the property was acquired.

           3)       No entry in such book or record shall be erased, obliterated or defaced, nor shall any portion thereof be torn out or removed.

           4)       Every pawn broker shall at the time of each transaction deliver to the person pawning or pledging personal property with him a personal note or memorandum signed by him containing a summary of the items set forth in Part II  Section 14, Clause a).   No charge shall be made or received by the pawn broker for such note or memorandum.

           5)       The books or records and any personal property in a pawn broker's premises shall be open for inspection at all times by any Peace Officer, License Inspector or a License Inspector's designate.

           6)       Every pawn broker shall before 12:00 o'clock noon on any day his business premises is open for business deliver to the Town of Lacombe Police detachment a detailed and accurate description of all personal property received by him upon pledge or pawn during the period preceding 10:00 o'clock in the forenoon of the said day and after 10:00 o'clock in the forenoon of the previous day on which his shop was last open for business, including:

           a) the date and time of day when each property was received;

           b) the serial or folio number in the pawn broker's book or record; and

           c) the name, address and a detailed description of the person or persons from whom the pledge or pawn was received, including the description of the clothing and any other distinguishing feature of the pledge.

           Such report shall be made on a form approved by the License Inspector.

           7)       When any property is received or sold, the pawn broker shall enter into such book or record:

          a) The name and address of the person purchasing or redeeming such property; and

          b) The date of redemption or sale.

          8)       No pawn broker shall permit any property received by him as a pledge or pawn or otherwise as security for any loan, to be redeemed or removed from his place of business until at least 72 hours has elapsed from the time of first receiving such property, and no property shall be sold until a period of three months has elapsed from the time such property was received by the pawn broker.

          9)       No pawn broker shall take any property as a pledge or pawn for security for any loan from any of the following classes of person:

          a) any person who appears to be intoxicated by alcohol or under the influence of drugs;

          b) any person under the age of 18 years;

          c) any person who the pawn broker believes to have a criminal record or to have acquired the property illegally;

          10)     No pawn broker shall employ to take or receive any pawn or pledge from any person: 

          a) under 18 years of age nor,

          b) any person who has been convicted of theft or possession of stolen property.

          11)     No pawn broker shall purchase  or otherwise acquire any personal property which is second hand except where such personal property has been sold as an unredeemed pledge or pawn and is re-acquired from the purchaser.

          12)     No pawn broker shall receive or accept any property as a pledge or pawn between the hours of 6:00 o'clock in the afternoon and 9:00 o'clock in the morning of the following business day.

15.      PET DEALER

                    For the purpose of this Section, "pet" shall  mean an animal, bird, reptile kept by a person for reasons  other than work or food.  A Pet Dealer shall:

           1)       furnish a certificate from the Medical Officer of Health

           2)       display any animal in a shop or display window except at the rear of such a window out of drafts and direct sunlight

           3)       keep the animals in sanitary, well-bedded, well-ventilated, naturally lighted, clean and substantially constructed quarters which are maintained at a healthful temperature at all times.

           4)       A Pet Dealer's License is not required if a person sells not more than one litter of pups in any calendar year.

16.            PHRENOLOGIST & FORTUNE TELLER

          Phrenologists and Fortune Tellers or any person who operates a similar business, must first obtain Security Clearance from The Lacombe Police Service before a license will be issued.

17.            PROFESSIONAL CANVASSER OR PROMOTER

          1)       A Professional Canvasser or Promoter shall mean one who receives monetary gain and who receives monetary gain  or profit and who:

          a) solicits, 

          b) offers, 

          c) sells tickets or makes reservations for an entertainment or a performance in the name of a charitable or non profit organization, 

          d) who sells anything in the name of a charitable or non-profit organization,

          e) who solicits or receives contributions for a charitable or non-profit organization, or

           f) who holds out or in any way represents that the proceeds for such solicitation, sale, collection or contribution is for the benefit of a charitable or non-profit organization, shall take out a license and shall comply with the other provisions of this section applicable to him.

           2)       Before a Professional Canvasser or Promoter, commences canvassing, soliciting, selling tickets or reservations for or on behalf of a charitable or non-profit organization, he shall file with the License Inspector a statement setting out the name of the charitable or non-profit organization for which the canvass, solicitation or sale is to be made and the agreed share of the amount realized by such undertaking that the charitable or non-profit organization is to receive.

          3)       Information regarding a canvassing or promotion in the Town of Lacombe, may be provided to The Town of Lacombe  Police Service.

18.      REAL ESTATE AGENT

           1)       Any form of advertisement in which real estate so contained within or partly within the corporate limits of the Town of Lacombe is offered for sale by a Real Estate Agent or Real Estate Salesman shall be deemed to be an act of business relative to the trade and a business license is required.

           2)       When an Agent has purchased a license in The Town of Lacombe for his/her Agency, than the Salesmen working for that Agency do not need an individual license.

19.            SECONDHAND DEALER

           1)       Every second hand dealer shall keep a book or other record in duplicate of the following information:

           a) an accurate description of the second hand goods including serial numbers, makes and models and any distinguishing features, including the fact that the serial number had been removed or is missing;

          b) the date and time of the day when such second hand goods were acquired;

          c) the name, address and an accurate description of the person from whom the second hand goods were acquired; and

          d) the amount paid for the second hand goods.

           2)       No entry made in such book or record shall be erased, obliterated or defaced no shall any portion thereof be torn out or removed, and every person who erases, obliterates, defaces, destroys, alters, mutilates or falsifies any second hand dealer's book or record is guilty of an offence.

           3)       The book or record referred to herein and any personal property in the second hand dealer's shop or place of business shall be open to inspection at all times by any Peace Officer, License Inspector or License Inspector's designate and the duplicate copy of such book or record shall be delivered to the Peace Officer, License Inspector or License Inspector's designate upon request.

           4)       No second hand dealer shall dispose of or undertake the repair of any second hand goods until 72 hours have elapsed from the time of his acquisition of the same.

           5)       Every second hand dealer shall keep separate and apart from his other goods those goods which need repair until the set forth time of 72 hours has elapsed.

           6)       This section does not apply to:

           a) the purchase of second hand goods, wares, merchandise or other effect bargained for or delivered to the purchaser at any place outside the Town, although such person disposes of the same within the Town:

          b) persons who deal in second hand books;

          c) auctioneers;

          d) thrift shops and clothing banks operated by any church or charitable organization.

20.            STUDENTS

           Students who operate a business for the months of April 1, to August 31 of any given year shall:

           1)       provide proof of age and proof of Student status.

           2)       pay the License Fee set out in "Schedule B"

TOWN OF LACOMBE

BYLAW  189

SCHEDULE "B"

BUSINESS LICENSE FEES

 PART I - RESIDENT BUSINESS LICENSE

 AUTOMOTIVE

 Car Dealership - $500.00

 Used Car Dealer - $150.00

 Recreational Vehicle Sales & Service - $200.00

 Automotive Parts,Tires, Auto/Wrecker, Car/Truck Wash - $250.00

 Service Station/Autobody - $300.00

 Gas Bar/Convenience Store - $350.00

 Gas Bar/Propane Sales - $150.00

 COMMERCIAL RETAIL

 Hardware, Lumber yard, Department Store (clothing/footwear), Supermarket,

 Appliances (all types), Slaughterhouse/Butcher Shop - $300.00

CONSTRUCTION/CONTRACTOR (General)

 Including sub-contractor and sub-tradesman such as, but not limited to excavator, concrete placer, plasterer, stucco drywaller, brick layer, stone mason, building mover, landscaper, floor layer or finisher, painter and paper hanger, roofing and siding applicator, structural steel erector, insulator, carpenter and cabinet maker and wood worker, plumber and gas fitter, electrical contractor, sheet metal worker, steam fitters - $150.00

 INDUSTRIAL

 a) Drilling/Oilfield Related, Wholesaler, Transports, Gravel/Crusher/Concrete,

    Bulk Oil Products/Recycled Oil - $200.00

 b) Small Engine Sales & Repair, Small Manufacturing, Printer, Iron Works/Machine Shop - $100.00

 Industrial Agriculture but not limited to:

 a) Feed Manufacture, Grain Elevators, Certified Seed - $650.00

 b) Fertilizer Chemical, Farm Implement - $250.00

PROFESSIONAL

 Medical/Dental Clinic (more than one Doctor) - $400.00

 Doctor, Dentist, Chiropractor, Physiotherapist, Optometrist, Denturist

 Individual Practice ......  $150.00

 Drug Stores - $350.00

 Funeral Home - $250.00

 Accounting Firm - $450.00

 Insurance Agency, Realty, Collection Agency,

 Private Investigator, Accountant - $150.00

 Financial Institution - $800.00

RETAIL

a)       Florists, Glass Shop & related, Interior/Exterior Decorating Shop,

          Bakery, Sports Store/repairs, Craft Supplies, Liquor Store/Bar,

          Video Rentals, Fabric Shop, Firearm/Ammunition Store,  

          Pawn Shop - $200.00

 b)      Books (new & used), Gift Shop, Card Shop, Jewelry Shop/Repairs,

          Pet Dealer, Antique Shop, Health Food Store,  Used Clothing

          Store, Clothing Boutique, Ornamental Shop, Health Food Store,

          Christmas Tree Vendor - $100.00

 c) Furniture Store, Electronic Store & Reparis, Misc. Secondhand Goods - $150.00

SERVICES/ACCOMMODATION

 Hotels with Restaurant & Liquor Establishment - $1,100.00

 Motels - $500.00

 Trailer court - based on how many units are parked as of Dec. 31 of the current year

 This would set the rate for the following License year at $5.00 per unit

 Apartment Complex - $5.00 per unit

SERVICES/ENTERTAINMENT

 a)      Travel Agency, Janitorial Services, Advertisement Agency, Newspaper,

          Recycling Depot, Amusement Arcade, Golf Course, Courier,

          Promoter/Circus, Storage Facility, Boarding Kennel - $200.00

 b)      Beauty Salons (hair care, nail care, tanning, hair removal (but not limited to)

          Dry Cleaner, Laundry, General Office (secretarial, bookkeeping,

          tax forms), Auctioneer/Auction Centre, Automatic Machine Vendors, 

          Convenience Store, Drafting, Shoe Repair, Upholsterer,

          Rental Shop, Photographer, Massage Parlour - $100.00

 c)      Hairdresser/Barber, Animal Grooming, Farmer's Market,

          Mall Kiosk - $50.00

SERVICES/FOOD INDUSTRY but not limited to

 Restaurants with Liquor License........   $250.00

 Fast Food Outlets, Caterer, Mobile Vendor, Concession...   $150.00

 Cart Vendor..   $75.00

UTILITIES

 Northwestern Utility..... $1,200.00

 TransAlta Utility..... $1,800.00

 Cable Television....... $350.00

MISCELLANEOUS CATEGORY ......  $100.00

At the discretion of the Chief License Inspector occupations or businesses not listed by name in the Bylaw will be termed as Miscellaneous and charged accordingly as set out in Schedule "B"

TEMPORARY LICENSE RATE

 Resident - daily... $10.00

 STUDENT......... $10.00

PART II - HOME OCCUPATIONS

All Types... $100.00

PART III - NON-RESIDENT BUSINESS LICENSE

All Types...... $300.00

TEMPORARY LICENSE RATE

 Non-Resident - daily .........  $50.00

 The accumulated daily business license fees issued to any one business in the same calendar year are not to exceed the total that would be charged for an annual business license for the same business for the same calendar year.

BYLAW  189

TOWN OF LACOMBE

APPLICATION FOR RESIDENT

BUSINESS LICENSE

I/We hereby make application under the provisions of the Licensing Bylaw #189 for a Commercial  Business License.

BUSINESS OPERATING NAME:__________________________________________________________

NAME OF OWNER:___________________________________________________________________

STREET ADDRESS:___________________________________________________________________

MAILING ADDRESS:___________________________________________________________________

DESCRIPTION OF BUSINESS OPERATION:_________________________________________________

MANAGER:_________________________________________________________________________

BUSINESS PHONE:___________________________________________________________________

HOME PHONE:_______________________________________________________________________

I CERTIFY THAT ALL INFORMATION SUPPLIED IN CONJUNCTION WITH THIS APPLICATION IS TRUE AND CORRECT, AND UNDERSTAND THAT ANY MISLEADING INFORMATION MAY RESULT IN THE REFUSAL OR REVOCATION OF SUCH BUSINESS LICENSE.

Signature:___________________________________           Date:___________________________

******************************************************************************

OFFICE USE ONLY

1. Building Inspector:______________________________________________

2. Fire Inspector:__________________________________________________

3. Development Permit:_____________________________________________

4. Business License Approval:________________________________________

BYLAW 189

FORM C2

TOWN OF LACOMBE

APPLICATION FOR HOME OCCUPATION

BUSINESS LICENSE

I/We hereby make application under the provisions of the Licensing Bylaw #189 for a Home Occupation Business License.

Name:_______________________________            Business Name:___________________________

Mailing Address:___________________________________________________________________

Street Address:____________________________________________________________________

Bus/Home Phone:___________________________________________________________________

Development Permit:_________________________________________________________________

PLEASE STATE THE TYPE OF HOME OCCUPATION AND EXACT NATURE OF PROPOSED BUSINESS:

PLEASE STATE THE NUMBER OF VEHICLES OR EQUIPMENT TO BE USED FOR THE PROPOSED BUSINESS AND WHERE IT WILL BE PARKED (IF TRUCK INDICATE SIZE).

Name of Registered Owner of the Property:_____________________________________________

If applicant is not the registered owner of the property, please submit a letter from the registered owners granting you permission to use the property for the proposed business.

Letter Attached:_____________

If applicant is an occupant of a mobile home in a Trailer Park,  please submit a letter from the registered owner of the Trailer Park.

Letter Attached:______________

*****************************************************************************

I HEREBY CERTIFY THAT THE ABOVE INFORMATION  IS CORRECT AND ACKNOWLEDGE THAT ANY MISLEADING INFORMATION MAY RESULT IN THE REFUSAL OR REVOCATION OF SUCH BUSINESS LICENSE.

Signature:____________________________________             Date:_______________________________

BYLAW 189

FORM C3

TOWN OF LACOMBE

APPLICATION FOR NON RESIDENT 

BUSINESS LICENSE

I/We hereby make application under the provisions of the Licensing Bylaw #189 for a Non-Resident Business License.

NAME OF APPLICANT: ________________________      PHONE:______________________________

BUSINESS NAME:______________________________________________________________________

 PHONE NO:___________________________________________________________________________

 BUSINESS ADDRESS:___________________________________________________________________

 MANAGER:____________________________________________________________________________

 OWNER:______________________________________________________________________________

 DESCRIBE GOODS OR SERVICES PROVIDED:

DATE BUSINESS WILL COMMENCE:________________________________________

TEMPORARY LICENSE:_______________________                     ANNUAL LICENSE:________________

I, HEREBY CERTIFY THAT THE ABOVE INFORMATION IS CORRECT AND ACKNOWLEDGE THAT ANY MISLEADING INFORMATION MAY RESULT IN THE REFUSAL OR REVOCATION OF SUCH BUSINESS LICENSE.

Signature:_______________________________________         Date:_____________________________

*****************************************************************

                                                             OFFICE USE ONLY

1.  Sub-Trades List                   

2.  Security Clearance   

BYLAW 189

FORM C4

TOWN OF LACOMBE

SUPPLEMENTARY INFORMATION REQUIRED

FOR GENERAL CONTRACTOR