BY-LAW NO. 15100 - TRADE AND LICENSING BY-LAW
BE IT RESOLVED that the following be and the same is hereby adopted and enacted as a By-Law of the Town of Bedford under authority of Section 221 (59), Section 21 (62), Section 221 (63), Section 221 (64), and Section 221 (65) of the Town's Act, R.S.N.S. 1967, c. 309, as amended, when and if the same has received the approval of the Minister of Municipal Affairs, and that the Chief Administrative Officer be and he is instructed to forward the same to the Minister and request his approval hereof.
1. This By-Law shall be known as and may be cited as the "Trade and Licensing By-Law."
2. In this By-Law, unless the context otherwise indicates:
* (a) REPEALED. Amended HRM A-200 March 2, 2004; Effective Date March 6, 2004
(b) "license plate" or "plate" means the identification plate or sticker provided to a licensee hereunder;
(c) "Clerk of Licenses" means the Clerk of Licenses of the Town;
(d) "photographer" includes a photographer, his agent representative, canvasser and solicitor respectively, soliciting or taking orders for photographs or enlargements of photographs made by any process where there is to be consideration moving to the photographer for making or delivering of same.
3. The Council shall appoint a Clerk of Licenses, who shall issue licenses under this By-Law upon compliance with all requirements therefor and upon payment of the fees prescribed in this By-Law.
4. No person shall do business as an auctioneer, peddler, hawker, or trader of goods within the Town unless he holds from the Town a license for that purpose which is in force.
5. Nothing in this By-Law shall affect:
(a) any person offering to sell the products of the farm, the forest or the sea;
(b) any sheriff, bailiff or other officer of the Law selling under legal process;
(c) any members or supporters of a charitable organization registered under the income Tax Act of Canada, Church, School, Sports Team or Service Club engaging in the raising of funds in support of the object of such organization.
6. The annual fee for a license as an auctioneer, peddler, hawker or trader of goods shall be as follows:
(a) where the applicant is both a resident and a ratepayer of the Town: auctioneer, peddler, hawker or trader.....$40.00
(b) where the applicant is a non resident ratepayer of the Town: auctioneer, peddler, hawker or trader.....$40.00
(c) where the applicant is a resident, but not a ratepayer of the Town: auctioneer, peddler, hawker, or trader.....$40.00
(d) where the applicant is neither a resident nor a ratepayer of the Town: auctioneer, peddler, hawker, or trader.....$80.00
6.1 No peddler, hawker, or trader shall peddle, hawk or trade:
(a) within 100 meters of the grounds of any school between one-half hour prior to the start of the school day and one-half hour after dismissal at the end of the school day.
(b) between the hours of ten o'clock in the evening and nine o'clock of the following morning.
(c) within 100 meters of any playground, park, beach, lake, ballfield or other recreational area.
(d) in such a way as would restrict or interfere with the ingress or egress of the abutting property owners or tenants and/or interfere with the free flow of motor vehicle traffic or otherwise interfere or increase the flow of motor vehicle traffic.
6.2 Where the peddler, hawker or trader sells food or beverage for immediate consumption, he shall:
(a) ensure that a suitable litter receptacle is made available for his patrons' use;
(b) pick up, remove and dispose of all trash, refuse or litter remaining from sales made by him before leaving any location where he makes such sales.
7. No person who is not a resident or a ratepayer of the Town shall solicit business as a photographer within the Town unless he holds a license from the Town for that purpose which is in force. The fee for such license shall be Eighty Dollars ($80.00) per year.
8. (1) No person shall conduct any circus, itinerant amusement, bowling alley, billiard table, skating rink, dance hall, night club, shooting gallery, or merry-go-round, unless he holds a license from the Town for that purpose which is in force, provided that nothing herein contained shall be construed as preventing or restricting the licensing of such activity under the provisions of the Theatres and Amusements Act, Chapter 304, R.S.N.S., 1967, and any regulations made thereunder.
(2) The Clerk of Licenses shall issue such license only upon compliance with all requirements therefor, and the payment of the following fees: For each such place of amusement................$40.00
9. REPEALED. Amended HRM A-200 March 2, 2004; Effective Date March 6, 2004
10. (1) A license issued under this By-Law shall be valid until the last day of December next following its issue.
11. (1) Every licensee under this By-Law when engaged in the trade, calling or activity for which he is licensed shall display his license, on the demand of any peace officer, constable, councillor or official of the Town, in his capacity as such official, and to any person with whom the licensee is dealing or attempting to deal on the demand of such person.
(2) Every licensee shall display his name and the number of his license on his vehicle or pack and where the licensee makes use of a motor vehicle a license plate issued by the Clerk of Licenses shall be affixed in a prominent position to the front bumper of the motor vehicle.
12. The Clerk of License may replace any license plate, for which other provision has not been made, on the payment of one dollar ($1.00) when he is satisfied that it has been lost, stolen or destroyed.
13. (1) Every application for a license under this By-Law shall be made in writing on a form provided therefor by the Clerk of License and signed by the person applying therefor.
(2) The application shall contain the following information concerning the applicant:
(a) his full name and address;
(b) whether or not he is a ratepayer of the Town;
(c) the name of the trade engaged in;
(d) the type of goods or services sold;
(e) the method by which the trade is carried on;
(f) such other information as may be required by the Clerk of Licenses.
(3) It shall be an offence for any person to make any false statement in his application hereunder.
14. (1) Every person who contravenes or fails to comply with this By-Law or fails to carry out an order made under this By-Law or any condition attached to a permit or to which a permit is subject is guilty of an offence and is liable on summary conviction to a fine or not more that Five Hundred Dollars ($500.00) and in default of payment to imprisonment for a period of not more than sixty (60) days.
15. By-Law 15 of the Municipality of the County of Halifax continued in the Town by virtue of the Municipal Boundaries and Representation Act, R.S.N.S. 1967, c. 195 is repealed and this By-Law substituted therefor.
APPROVED BY TOWN COUNCIL ON
OCTOBER 24, 1983.
APPROVED BY MINISTER OF
MUNICIPAL AFFAIRS ON DECEMBER 19, 1983.
*AMENDMENT APPROVED BY TOWN
COUNCIL ON MARCH 25, 1985.
*AMENDMENT APPROVED BY MINISTER
OF MUNICIPAL AFFAIRS ON
SEPTEMBER 24, 1985.
*AMENDMENT APPROVED BY REGIONAL COUNCIL
ON MARCH 2, 2004
EFFECTIVE DATE MARCH 6, 2004