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CITY OF WEYBURN

BYLAWNO. 2019-3405

A BYLAWTO PROVIDE FOR THE LICENSING ANDREGULATION OF BUSINESSES

WITHIN THE CITY OF WEYBURN

TheCouncil of the City of Weyburn, in the Province of Saskatchewan, enacts abylawin relation to businesses, business activities and persons engage in businesspursuant to subsection 8(1)(h) of The Cities Act, as follows:

Title

This Bylaw may be cited as the “Business License Bylaw”.

Purpose

The purpose of this Bylaw is to license businesses in the City of Weyburn soas:

i) to regulate businesses;ii) to ensure compliance with land use and building regulations;iii)to facilitate planning decisions.iv) to differentiate between businesses operating in a

commercial/industrial area, businesses operating out of premiseslocated within the City and those located outside the City of Weyburn‘scorporate limits.

Definitions In This Bylaw

“Activity"means any business, occupation, amusement, entertainment, trade,employment, profession or calling and included those businesses particularly ,defined in this Bylaw; whether or not so carried on for gain or profit.

“Business” means any of the following activities, whether or not for profit andI

however organized for formed:i) a commercial, merchandising or industrial activity or undertaking;ii) the carrying on of a profession, trade, occupation, calling or

employment;iii)an activity providing goods or services;

“Bylaw Officer” means the individual or designate who is authorized by theCity to enforce this bylaw;

“Charitable or Non—ProfitOrganization” means an organization that is:i) incorporated as a non-profit corporation in the Province of

Saskatchewan; orii) a registered charity authorized to issue tax receipts for donations

pursuant to The Income Tax Act, 2000; oriii)an organization that can demonstrate that it is formed for social,

educational, religious or philanthropic purposes from which themembers do not receive any direct economic gain

“City”means the City of Weyburn.

“Council”means the Council of the City of Weyburn.

“Direct Seller” means a person who:i) goes from house to house selling or offering for sale; or soliciting

orders for the future delivery of, goods or services;ii) by telephone offers for sale or solicits orders from the future delivery of

goods or services; oriii)does both of the things mentioned in sub—c|auses (i) and (ii)

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“Home Occupation” means an occupation conducted for a gain entirely withina dwelling unit by members of the family residing in the dwelling unit.

“License Inspector” means the License Inspector of the City of Weyburn oranyone acting or authorized by the License Inspector to act in his/her behalfincluding the City Bylaw Officer or any Peace Officer from the WeyburnPolice Service, in the enforcement of this Bylaw.

“Person” means an individual or a group of two or more individuals or aCorporation carrying on business in the City of Weyburn.

“Resident Business” means a business as defined in The Cities Act,operating within the City of Weyburn boundaries but does not include anybusiness considered a “Non-Resident Business” with fees as stated inSchedule “B”

“Non-Resident Business” means a person or persons carrying on any activityor business defined in this Bylaw who are not a resident business with anassessed commercial premise in respect to the activity or business so carriedon with fees as stated in Schedule

“Transient Trader” means a person carrying on business in the City ofWeyburn who:

(i) offers goods or merchandise for sale by retail or auction; or(ii) solicits any person who is not a wholesaler or retail dealer for orders

for the future delivery of goods or merchandise;

but does not include a person:

(iii) who is required to be licensed pursuant to The Direct Sellers Act; or(iv) who is an occupant of property that is used for business purposes.

License Reguired

(a) No person shall carry on any business in the City without a license.

(b) A license shall not be deemed an endorsement of the licensee'sbusiness practices.

(c) Persons required to be licensed under the provisions of this Bylaw arethose persons carrying on any activity or business defined in thisBylaw who are a Non- Resident or a Resident Business with or withoutan assessed commercial premise in respect to the activity or businessso carried on; and any license issued shall be subject to compliancewith the conditions, if any, as set out in this Bylaw.

Application

(a) A person must apply in writing to the City Business License Inspectorfor a license, and the application must include all requestedinformation including:

i) name, occupation and address of the applicant;ii) the nature of the business for which the license is required;iii) the location where the business is to be carried on;iv) the area of the premises where the business will be carried on.v) Where any Provincial license is required by law, the applicant

shall at the time of submitting application for the license, submita copy of such Provincial license required by law.

vi) Such other information as required by the License Inspector.

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The application shall be in the form of Schedule “A”for ResidentBusiness and Non—Resident Business of this Bylaw.

A license may be refused or revoked if the applicant has othen/visefailed to meet the requirements of the law to enable the conduct of thebusiness at the location where the business is proposed to be carriedon.

License Fee

(8)

(b)

A person must pay the fee provided for in Schedule “B“or Scheduledepending on whether a Resident business or Non—Resident

business, when applying for a license.

The fee to be charged for all licenses issued shall be:

i) between January 15‘and August 315‘of the same year, the fullrate amount set out in Schedule “B” and Schedule “C”.

ii) between September 15‘and December 315‘of the same year,one-half the rate set out in Schedule “B"and Schedule

All renewal license fees shall be paid on or before the 315‘day ofJanuary in each and every year.

No license willbe issued until the said fee and any penalties havebeen paid in full.

Where it is deemed necessary to establish a license free not listed onSchedule “B“ or “C", the license Inspector shall determine and justify afair fee based on the standards of this bylaw.

Premises Licensed Separately for Resident Business

(a)

(b)

if a business is carried on at more than one location, a person mustobtain a license for each location.

if more than one business operates from a parcel or site, eachseparate entity must obtain a license.

a license issued under the provisions of this Bylaw is only valid at thelocation for which it is issued.

a license may be issued in the name of the owner/operator of a retailmall for the common area of the mall to cover seasonal occupancy. Inthis specific case the individual short term business would be coveredby the single license issued for the common area of a mall.

Provincial License Required

(8)

(b)

(C)

A license willnot be issued under this Bylaw to any person required bylaw to obtain a provincial license, until the person has first producedthe required provincial license to the City.

Any license issued under this Bylaw without the person first obtainingthe required provincial license is invalid.

A license issued under this Bylaw does not exempt the Licensee fromcompliance with other bylaws, statutes or regulations that may beapplicable.

Duration of License

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All licenses shall be for the current year at the time of issuing to December313‘of the same year.

License Renewal

A person must renew their license annually in the manner prescribed by theCity.

Discontinuance or Change

(a) A person must notify the City if:

i) a business is being discontinued;ii) either the size or nature of the business is changing.

(b) A person must apply for a new license if:

i) the business is relocating;ii) the business is being purchased or taken over by a new person.

License to be Displayed

For a “Resident Business”, a license issued under this Bylaw must bedisplayed in a prominent place at the place of business for which the licensewas issued. For a “Non-Resident Business”, a license issued under thisBylaw must be posted in a conspicuous place in the business premises.

Zoning and Building Standards

A license willnot be issued under this Bylaw for any business or anypremises occupied by the business without having first obtained adevelopment permit or written approval from the Development Officer toensure compliance with the Zoning Bylaw; or any other requirements of theCity of Weyburn.

Appointment of Inspectors

The City Bylaw Officer and/or the License Inspector or their designate willactas an inspector for the purpose of enforcing this Bylaw.

Inspections

For the purpose of ensuring compliance with this Bylaw, a Bylaw Officer ortheir designate may, at any reasonable time, enter and inspect any business,house, place or premise licensed under this Bylaw.

Offences and PenaltiesEvery person who contravenes a provision of this Bylaw is guilty of anoffence and liable on summary conviction to a fine of not more than:

i) $2,000 in the case of an individual; andii) $5,000 in the case of a corporation.

Descriptions of license types:(1) Auctioneer: Any person offering for sale goods, wares, merchandise,

machinery, effects, automobiles, farm animals or livestock, by publicauction, who does not have an established place of business in theCity.

(2) Bicycle: No person shall ride a bicycle in the City without firstregistering that bicycle by purchasing a one time license. The licenseshall be valid as long as that bicycle remains the property of theregistered owner, and shall be affixed to the bicycle. In all otherrespects, bicycles shall be subject to the conditions as set for in theTraffic Bylaw of the City of Weyburn.

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(5)

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(10)

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(12)

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Canteen/Concession: Any person who operates a place, portableshelter or mobile conveyance where food, drink or confectionaries areprepared or sold for public consumption.Christmas Tree Vendor: Any person that sells or offers for saleChristmas trees on any site outside of a building, but shall not includeany:(a) charitable or nonprofit organizations, or(b) resident business with assessed commercial premises from which

it conducts Christmas tree sales.Circus, Carnival, Rodeo, Travellinq Show, Exhibition: Any owner ormanager of a travelling circus, carnival, rodeo or other similar travellingshow or exhibition.

No performance or exhibition of any circus, menagerie, hippodrome orother like travelling exhibition or sideshow connected therewith shall begiven during the holding of the Weyburn Agriculture Exhibition orduring the period twenty—one days prior thereto, unless priorauthorization is obtained from the Weyburn Agricultural Society.Cleaning/Janitorial/Fumigator: Any person carrying on business in theCity as a cleaning service, including septic tanks or like business,including any person performing the duties of a janitorial service orhouse cleaning service and a fumigator or exterminator.Contractor: Any person who carries on business in the City as acontractor, jobbing contractor, building contractor, municipal contractor(whether for waterworks, sewerage or otherwise), painter, cabinetmaker, tinsmith, drywall, plumber, electrician, welder, masonbricklayer, plasterer, decorator, or other trade relating to the building orconstruction industry.Day Care Home: Any person operating a day care in a privateresidence where care, protection and supervision are provided.Direct Sales: No person shall carry on the business of direct sellingwithin the City unless the holder of a subsisting license under TheDirect Sellers Act, and has paid to the City the fee prescribed inSchedule “C”to this bylaw.Dray/Delivem/Limousine Service:

o Dray/Delivemz Any person carrying on the business of a drayservice and using a motor vehicle in the course of suchbusiness for the transportation of food, drinks, furniture, goods,stone, gravel, earth, lumber, wares, merchandise or any othercommodity whatsoever into or within the City, providing that noperson who solely passes through the City without making adelivery or pickup shall be liable.

o Limousine: Any person operating a vehicle transportationservice where the vehicle is chauffeur driven, is not equippedwith a taxi meter, two—way radio or similar communicationdevice, and does not cruise the streets for the purpose ofpicking up passengers. Every person employed as a driver fora Limousine Services licensed pursuant to the Bylaw shallpossess the appropriate class of Saskatchewan Driver'sLicense, which shall be produced upon reasonable request by a

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member of the Weyburn Police Service or by the LicenseInspector.

Farmers Market: Any person operating a Farmers’ Market whereproduce, fruit, baking, handicrafts and other similar products areoffered for sale by the producer.Trade Show: Any person operating a Trade Show where space,booths, stalls or tables are leased to persons for the sale of goods,hobby collections, crafts, works of art or produce grown inSaskatchewan.Home Occupation: Any person operating a business from theirresidence who has obtained a Home Occupation permit as per thecurrent City of Weyburn Zoning Bylaw.Landscape Gardener: Any person designing, planting, sodding and/ormaintaining lawns, trees and gardens.

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Photographer: Any person carrying on a commercial photographybusiness and not having an established place of business in the City.Professional: Any person carrying on or practicing a profession in theCity who does not have an established commercial property in the Cityin respect of the carrying on of the said profession, and shall include aDoctor, Lawyer, Optometrist, Chiropractor, Engineer, Architect,Consultant, Accounting, Income Tax, Book kepper, Real Estate,Veterinarian, or any other profession generally knows as such.Public Hall — Not Assessed: Any person operating a hall which isrented for dances or other entertainment, whether regularly oroccasionally; provided that this subsection shall not apply to hallsassed for taxes.Tow Truck Service: Any person operating for hire a tow truck servicefor the purpose of towing and/or battery boosting vehicles in the City.Transient Trader: All transient traders as defined by The Cities Act,are required to obtain a license prior to selling goods within the City ofWeyburn. No owner or manager of a motel, hotel, mall, commercialbuilding or site shall knowingly permit any salesperson to set up retailbusiness on the premises or site without first ascertaining that suchsalesperson holds a valid license to operate in the City.Non Classified: Any person carrying on any business, activity, calling,trade or occupation that is not specifically provided for in this Bylawshall be liable to a fee established by the License Inspector upondetermining the nature of the operation and relating it to othersincluded in the Bylaw.

17. Repeal BylawsThat General License Bylaw 2001-2072, and amending bylaw 2010-3187 ofthe City of Weyburn; and Business License Bylaw 1999-2028 of the City ofWeyburn are hereby repealed.

18. Coming into Force/_

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This Bylaw comes into force and takes effect as of January 1’,'.2020.

/“C2144/tZ4?y//J?MAYOR CITY CLERK

READ a first time this 9”‘day of December, 2019.

READ a second time this 9”‘day of December, 2019.

READa third time this 9”‘day of December, 2019, and passed.

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SCHEDULE “A” TO BUSINESS LICENSE BYLAW NO 2019-3405

APPLICATION FOR BUSINESS LICENSE

Name of Person Applying:

Trade Name:

Owner/Proprietor/Partners, etc:

Mailing Address:

City: Province: Postal Code:

Telephone No.: Home Business Fax

Email AddressI

Locationof Activity or Business (Residentonly):

;Nature and Type of Business Activity:

‘PlaceWhere Activity or Business is to be Carried On: Weyburn

‘Numberand Date of Provincial License (if applicable):

The applicant hereby agrees to be responsible for the Business License inconnection with the respective business until such time as it notifies the City ofWeyburn in writing that the applicant is no longer carrying on such business in‘Weyburn.

The applicant hereby recognizes and agrees that it is his/her responsibility to secureand comply with all applicable Federal, Provincial and Municipal Government laws,regulations and licenses respecting this proposed business and that the City’s

BusinessLicense is effective for the current year and is non-refundable.

‘ApplicationDate Signature of Applicant

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SCHEDULE “B’ TO BUSINESS LICENSE BYLAW NO. 2019-3405 - RESIDENT

Resident Business License Fee:

(1) For resident business paying the fee prior to and includingMarch 15th each year $50.00

(2) For resident business paying the fee after March 15”‘ $75.00

(3) For new business the fee payable shall be as stated in (1) for a period offorty-five (45) days from start—upof business or invoice date, whicheveroccurs first, and thereafter the fee shall be as shown in (2).

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SCHEDULE “C’ T0 BUSINESS LICENSE BYLAW NO. 2019-3405 — NON-EESIDENT

Non-Resident License Fee:

1. Auctioneer 200.00

:2. Bicycle — Lifetime 10.00

6. Canteen/Concession- Mobile Vendor 140.00o Ice Cream Vendor 75.00

4. Christmas Tree Vendor — per location 100.00(Excludes charitable or non-pro?torganizations, or resident businesswith assessed commercial premisesfrom which it conducts Christmas)

5. Circus, Carnival, Rodeo, Travelling Show, Exhibition- First day 310.00- Each additional day 130.00— If operated or sponsored by a charitable or non-

profit organization and proceeds are devotedto promoting community or charitable purposes 50.00

6. Cleaning/Janitorial/Fumigator 145.00- House or Window Cleaning only 85.00

I7. Contractor- Building or General 420.00

- Plumbing and Heating, Electrical, Painting andDecorating, Cabinet Maker, Masonry, Plaster andDrywall, Roo?ng, Welder, Building Mover and 300.00any other contractors

8. Day Care Home- 1 to 3 children Exempt- 4 to 6 children 100.00— more than 6 children 125.00

Direct Sales 30.00- Direct Sales Contractor 100.00

110. Dray/Delivery or Limousine Service - Each Vehicle 145.00

111.Farmers Market 190.00

'12. Home Office/Occupation'

(Income Tax Consultant/Real EstatelTow Truck) 200.00

13. Landscape Gardener 100.00

14. Photographer 195.00

15. Professional (Income Tax, Bookkeeper, Real Estate, etc.) 240.00

'15. Public Hall — Not Assessed 155.00

17. Tow Truck Service 70.00

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M—11(a) 18. Trade Show- Per Sale 125.00- Per Year 250.00

19. Transient TraderFish, Fruit or Produce Dealers:

; -Per Day 55.00-Maximum 255.00

I All Other:

3 -Per Day 200.00-Maximum 1,000.00

20. Non Classi?ed3 Fee to be established by License Inspector

: For all non-resident businesses, an additional charge or penalty of 1.5% per month,compounded, may be made on all fees unpaid on and after the dates fixed forpayment.