Skip to main content
File #: AR-19-273    Version: 1 Name:
Type: Agenda Reports Status: Agenda Ready
File created: 6/10/2019 In control: City Council
On agenda: 6/17/2019 Final action:
Title: Business License Appeal Committee Presented by: David Leflar, Director of Legal and Legislative Services

title

Business License Appeal Committee

Presented by: David Leflar, Director of Legal and Legislative Services

 

label

RECOMMENDATION(S)

recommendation

That the following persons be appointed to sit as an Appeal Committee to adjudicate an appeal from a Notice of Refusal to Renew Business License:

 

Michael Kirk (Chair)

Wyatt Glebe

Sandy Clark

 

body

PURPOSE OF REPORT

 

To recommend appointment of an Appeal Committee to adjudicate an appeal from a refusal to renew a Business License.

 

ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN

 

N/A

 

ALIGNMENT TO LEVELS OF SERVICE DELIVERY

 

N/A

 

ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION

 

As per Sections 17(1) and 17(4) - 17(7) of the Business License Bylaw:

 

17.                     (1)                     If the License Inspector:

(a)                     refuses to issue a Business License . . .

                                          the applicant . . . may appeal the decision to the Appeal Committee.

 

(4)                     As soon as reasonably possible after the filing of an appeal . . . the CAO must appoint an Appeal Committee for the purpose of hearing the appeal unless the CAO is the License Inspector . . . 

 

(5)                     If the CAO is the License Inspector . . . the Council must appoint an Appeal Committee. 

 

(6)                     An Appeal Committee must comprise three residents of St. Albert, but must not include the CAO, License Inspector or an employee of the City who works under the direction of the License Inspector. 

 

(7)                     The Appeal Committee must schedule the hearing of the appeal within 30 days of the filing of the notice of appeal.

                     

BACKGROUND AND DISCUSSION

 

A Notice of Refusal to Renew Business License was issued on May 23, 2019. An appeal from the applicant was filed with the CAO on May 31, 2019.  As per the Business License Bylaw an Appeal Committee must hear the appeal within 30 days after the appeal is filed, meaning not later than June 30, 2019.  Since the CAO is currently designated as the License Inspector, Council must appoint the Appeal Committee.  Subject to appointment of the Appeal Committee, the hearing date has been scheduled for June 19, 2019.

 

STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT

 

N/A

 

IMPLICATIONS OF RECOMMENDATION(S)

 

Financial:

 

None at this time.

 

Legal / Risk:

 

As per the Business License Bylaw, an Appeal Committee must be appointed and hear the appeal 30 days after an appeal as been filed.

 

Program or Service

 

None at this time.

 

Organizational:

 

None at this time.

 

ALTERNATIVES AND IMPLICATIONS CONSIDERED

 

N/A

 

Report Date:  June 17, 2019

Author:  Lindsay O’Mara

Department:  Legal and Legislative Services

Deputy Chief Administrative Officer:  Kerry Hilts
Chief Administrative Officer:  Kevin Scoble