Municipality of Clyde River By-law # 3

Being a By-law respecting licencing of Businesses.

Pursuant to Section 178 of the municipal Ordinance, the council of the Hamlet of Clyde
River in Meeting assembled, enacts as follows;

Interpretation:

I. This by-law may be cited as the Business By-law.

2. In this By-law,

(a) Business means professions, selling or trading and commercial or manufacturing undertakings of any kind;

(b)”Council” means the council of the Hamlet of Clyde River.

(c)”Hamlet” means the Hamlet of Clyde River, N.W.T.

(d)”Licence” means a subsisting licence issued under this By-law;
(e)”Secretary Manager” shall mean the Secretary Manager of the Hamlet.
Licencing:

3. (a) No person shall carry on within the Hamlet business named or described in Schedule
one(1) unless he has a licence for the business under this By-law.

(b) A licence issued under this By-law is not transferable:

(c) Where a licence holder change his business name for address the licence may be
amended to reflect the change upon such terms as the Secretary Manager may require.

(d) Every licence shall have effect from the dale of issue or renewal until the 31st,
day of March next following or until revoked, whichever is sooner.

(e) Every licence shall be displayed in conspicuous place at the chief place in the
Hamlet of the business for which it was issued.

(f) Every licence shall, at all reasonable times, be produced upon request of the
Secretary Manager or of any person authorized in that behalf by the Council or
Secretary Manager.

(g) Where a person carries on a business at two or more establishments the fee required
to be paid under this By-law is payable in respect of each establishment.

(i) Each existing business must be licenced under this By-law before the 1st
day of April of each year to be able to operate from April 1st of that year
to March 31st of the next year.
(ii) An exception is allowed under Subsection (i) for the fiscal year 1979-80
due to the fact that this By-law was not in effect on April 1st, 1979
therefore within 14 days after the third reading of this by-law, each
business must be licenced under this by-law to be able to operate.

Applications:

4. (a) Any person requiring a licence under this by-law shall apply to the Secretary
Manager in Form B of Schedule Two and tender the fee prescribed in schedule One.

(b) No licence shall, be issued unless the application is accompanied by a duly
completed cert ate in Form C of Schedule Two stating the applicant has
complied with the requirements of the Workmen’s Compensation Ordinance.

Issuance:

5. (a) Upon being satisfied that an application is in compliance with this by-law and
that the applicant is entitled to the licence applied for, the Secretary Manager
shall issue the licence Form A of Schedule Two which shall be signed by the
Secretary Manager under the seal of the Hamlet.

(b) No licence shall be issued under this By-law in respect to business involving the
sale of food or drinks, of where food is handled or stored, unless the applicant
has certificate from an authorized Health Officer.

(c) Where a licence for a new business is issued under this by-law after the first
day of July in any year the fee payable shall be progressively reduced by ten
percent (10%) of the standard licence fee for each calender month up to March 31st
next following.

(d) Where a licence for a new business is applied for, the Secretary Manager must gain
approval for the Council before issuing the licence.

Refunds:

6. Except as otherwise ordered by the Council no money shall be refunded to a person
whose licence has been revoked or surrendered while still current.

Renewal:

7. (i) Subject to Subsection (ii) a renewal of a licence may be issued without application
upon payment of the prescribed fee to the Secretary Manager.

(ii) Not withstanding Subsection (1) the Secretary Manager may require an applicant
for the renewal of a licence to make an application in accordance with Section
4 where, in the opinion of the Secretary Manager, circumstances have changed.

Revocation:

8. The Secretary Manager may, subject to the provisions of this by-law, revoke a
licence issued under this by-law where he is satisfied that:
(a) The licence was issued or renewed in error,

(b) The licence has violated the provisions of this by-law or of an Ordinance
of the Northwest Territories.
(c) The licencee, when licenced as a resident was not, or has ceased to be, a
resident.
Appeal:
9. (i) A person aggrieved by revocation of refusal or failure to be issued a licence mayor
appeal in writing to the Council with a copy to be served in person to the
Secretary Manager stating the matter complained of the grounds of appeal, and
the relief sought.
(ii) The Council shall hear and determine, an appeal made under Subsection (i) at
such time and place within the Hamlet as the Council may decide, and following
such a hearing the Council may order the Secretary Manager to:
(a) Issue a licence upon such terms the Council may specify.
(b) Renew or re-instate a licence that has expired or been revoked.
(c) Refuse to issue or renew a licencor.
(d) Revoke a licence.

Temporary Licence:

10. Pending the result of an appeal under Subsection (i) the Council may order the
Secretary Manager to issue a temporary licence.

Decision on Appeal:

11. An order of the Council made under Subsection 9 (ii) shall be binding upon the
Secretary Manager and the person appealing.

Penalty:

12. Every person who is required by this by-law to be licenced in respect of a business
and who carries on or engages in such business without being so licenced is guilty
of an offence and is liable to fine of $25.00 -for each day which he carries on or en-
gages in such business while unlicenced.

13. This By-law No. 3 of the Municipality of Clyde River, N.W.T. read a first time on
this 11th day of September 1979.