Trade Licensing Act 2024 (No. 19 of 2024)

52. Commencement. SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV SCHEDULE V SCHEDULE VI SCHEDULE VII SCHEDULE VIII No. 19] Trade Licensing 311 No. 19 of 2024 I assent, H. E. DAME FROYLA TZALAM Governor-General 21st October, 2024. AN ACT to make provision for trade licensing; to repeal the Trade Licensing Act, Chapter 66 of the Substantive Laws of Belize, Revised Edition 2020; and to provide for matters connected therewith or incidental thereto. (Gazetted 26th October, 2024). BE IT ENACTED, by and with the advice and consent of the House of Representatives and Senate of Belize and by the authority of the same, as follows: PART I Preliminary

1 — This Act may be cited as the Short title

1. This Act may be cited as the Short title. TRADE LICENSING ACT, 2024. 312 Trade Licensing [No. 19 Interpretation. 2. In this Act, unless the context otherwise requires– “amusement ride” means a commercially operated device or structure, mechanical or otherwise, used for entertainment; “Appeals Board” means the National Trade Licence Appeals Board established under section 36; “auto dealers” means a person who engages in the buying and selling of motor vehicles on a commercial basis, and includes a person who freelances; “Board” means a trade licensing board established under this Act; “certified utility service provider” means a registered professional freelance operator who provides utility services; “e-business operator” means a person who uses electronic and internet services to buy and sell goods; “economic classification” means the industrial classification of businesses in accordance with the United Nations International Standard Industrial Classification of All Economic Activities; “goods vehicle” means a motor vehicle used for the carriage or haulage of goods for sale or resale; “licence” means a licence granted under this Act; “licence holder” means a person to whom a licence has been granted under this Act; “licensed premises” means any premises in respect of which any person has been granted a licence under this Act; “licensing district” means– No. 19] Trade Licensing 313 (a) the limits of each town or city as defined under the Town Councils Act or the Belize City Council Act or the Belmopan City Council CAP. 87. CAP. 85. Act; or CAP. 86. (b) the limits of each village as defined under the Village Councils Act; “Local Authority” means– (a) the Belize City Council established under the Belize City Council Act; CAP. 85. (b) a town council established under the Town CAP. 87. Councils Act; (c) the City of Belmopan established under the Belmopan City Council Act; or CAP. 86. (d) Caye Caulker Village Council established under the Village Council Act; CAP. 88. “Minister” means the Minister for the time being responsible for trade licensing; “owner” means the owner, whether the sole or part owner, or the owner in his own right or a lessee from the Crown; “peddler” means a person who sells or exposes goods for sale in any public place; “premises” includes the land, building and appurtenances thereto; “prescribed fees” means the duty payable under this Act; “productive footprint” means the square footage of the premise where the business is conducted exclusive of common 314 Trade Licensing [No. 19 areas of the premise such as agricultural lands, lobbies, restrooms, stairwells, customer parking, storerooms, and shared hallways, except where these areas are used as part of the business for profit; “Promoters” means a person or company who finances or organizes an event such as concerts, festivals, music shows; “rent book” means the municipal trade licence roll containing the list of licensed business; “town” means– (a) any town mentioned and described in the Schedule to the Town Councils Act or the Belize City Council Act; or (b) the City of Belmopan established under the Belmopan City Council Act; “trade” means any business in the course of which any services, goods, wares, merchandise or provisions are sold and includes a business in which services, produce or goods of any sort are exported from Belize and any vocation set out in section 34; “travelling professionals” means a company that provides services in a municipality outside of its registered address and includes a mobile licence that is applicable to firm and individuals that conduct business outside the licencing district they are registered to; CAP. 88. “village” has the meaning assigned to it under the Village Councils Act; “warehouse business” means the business of selling raw materials or manufactured goods from a warehouse. Purpose. 3. The purpose of this Act is– No. 19] Trade Licensing 315 (a) to allow for the Local Authority to regulate the conduct of trade in its respective jurisdiction; and (b) generally, to ensure the regulation of trade in Belize. PART II Appointment, Powers, Functions of Boards

4 — (1) There shall be established in the judicial districts Trade licensing

4.–(1) There shall be established in the judicial districts Trade licensing board for of Corozal, Orange Walk, Belize, Stann Creek and Toledo specific judicial a trade licensing board consisting of five members appointed districts. by the Minister by Order published in the Gazette no later than November 30th of the relevant year. (2) Each Board shall consist of the following members– (a) a representative from the District Association of Village Councils; (b) a representative from a village council in the respective judicial district; (c) a representative of a registered business organization located in the respective judicial districts; (d) a representative of a registered Civil Society organization located in the respective judicial districts; and (e) a representative of a registered Realtors or Valuators Association located in the respective judicial districts. 316 Trade Licensing [No. 19 (3) The Minister shall also nominate a member to be the Chairperson, and may appoint any person to act in place of the Chairperson if absent, unable or prevented to act. (4) The Minister may fill a vacancy in the Board caused at any time by a member’s resignation or death or a member being unable or otherwise prevented to act. (5) A Board may act by any four of its members notwithstanding any vacancy and may regulate its own proceedings, Provided that in the event of an equality of votes, the Chairperson of the Licencing Board shall have a casting vote. (6) No member shall, directly or indirectly, take part in any proceedings of the Board if his interest, or that of his spouse or of a business concern in which he or his spouse has any interest, is likely to be affected in any way by a decision of the Board to be taken in the proceedings; nor shall he seek in any manner to influence any decision that might be taken in the proceedings. Any member knowingly contravening this sub-section commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars. (7) A Board shall hear and determine applications for certificates authorising the issue, the renewal or the transfer of licences, and all matters connected therewith or with forfeiture, cancellation or suspension of licences, in relation to premises situate in its own judicial district or area. (8) A Board may grant a certificate subject to conditions it may deem fit which it shall endorse on the certificate and which shall be endorsed on the licence by the authority issuing it. (9) A Board may at any time on good cause being shown, or, on an infringement of any provision of this Act or No. 19] Trade Licensing 317 of regulations made thereunder or of any condition imposed under sub-section (8) being shown, cancel or suspend a licence, or impose conditions in respect thereof, after the licensee has had an opportunity to explain to the Board the matter raised against him. (10) The Rural Community Development Officer shall be the Clerk of the trade licensing board.

5 — (1) There shall be established in the judicial district of Trade licensing

5.–(1) There shall be established in the judicial district of Trade licensing boards for the Cayo, the following trade licensing boards– villages in the Cayo District. (a) Cayo Trade Licensing Board Eastern Division; (b) Cayo Trade Licensing Board Central Division; and (c) Cayo Trade Licensing Board Western Division. (2) The trade licensing boards established under sub- section (1) shall exercise jurisdiction in relation to the areas specified in Schedule I. Schedule I. (3) A trade licensing board established under sub- section (1), shall consist of five persons appointed annually by the Minister by Order published in the Gazette no later than 30th November of the relevant year. (4) Each Board shall consist of the following members– (a) a representative from the District Association of Village Councils; (b) a representative from a village council in the respective division; 318 Trade Licensing [No. 19 (c) a representative of a registered business organization located in the respective judicial districts; (d) a representative of a registered Civil Society organization located in the respective judicial districts; and (e) a representative of a registered Realtors or Valuators Association located in the respective judicial districts. (5) The Minister shall also nominate a member to be the Chairperson, and may appoint any person to act in place of the Chairperson if absent, unable or prevented to act. (6) The Minister may fill a vacancy in the Board caused at any time by a member’s resignation or death or a member being unable or otherwise prevented to act. (7) The provisions of section 4 (3) to (10) shall apply mutatis mutandis to the Trade Licensing Board established under this section. Trade licensing 6.–(1) There shall be established for towns and cities, a board for towns and separate trade licensing board consisting of five persons cities. appointed annually by the Local Authority by Order published in the Gazette no later than 30th November of the relevant year. (2) The Board shall consist of the following members– (a) Mayor of the Council, ex officio; (b) a member of the Council, ex officio; (c) a representative of a registered business organization located in the respective divisions; No. 19] Trade Licensing 319 (d) a representative of a registered Civil Society organization located in the respective divisions; and (e) a representative of a registered Realtors or Valuators Association located in the respective divisions. (3) The Local Authority shall also nominate a member to be the Chairperson, and may appoint any person to act in place of the Chairperson if absent, unable or prevented to act. (4) The Local Authority may fill a vacancy in the Board caused at any time by a member’s resignation or death or a member being unable or otherwise prevented to act. (5) The provisions of section 4 (3) to (9) shall apply mutatis mutandis to the trade licensing board established under this section. (6) The City or Town Administrator shall be the Clerk of the trade licensing board.

7 — (1) There shall be established a separate trade licensing Trade licensing

7.–(1) There shall be established a separate trade licensing Trade licensing board for the board for the village of Caye Caulker consisting of five village of Caye members appointed by the Local Authority by Order published Caulker. in the Gazette no later than November 30th of the relevant year. (2) The Board shall consist of the following members– (a) Chairperson of the Caye Caulker Village Council, ex officio; (b) a member of the Caye Caulker Village Council, ex officio; 320 Trade Licensing [No. 19 (c) a representative of a registered business organization located in Caye Caulker Village; (d) a representative of a registered Civil Society organization located in Caye Caulker Village; and (e) a representative of a registered Realtors or Valuators Association located in Caye Caulker Village. (3) The Local Authority shall also nominate a member to be the Chairperson, and may appoint any person to act in place of the Chairperson if absent, unable or prevented to act. (4) The Local Authority may fill a vacancy in the Board caused at any time by a member’s resignation or death or a member being unable or otherwise prevented to act. (5) The provisions of section 4 (3) to (9) shall apply mutatis mutandis to the Trade Licensing Board established under this section. (6) The Village Administrator shall be the Clerk of the trade licensing board. (7) Notwithstanding anything contained in this Act, the trade licensing board for the Belize Judicial District shall have no jurisdiction in the village of Caye Caulker, and the functions and powers entrusted to a trade licensing board under this Act shall, in respect of the village of Caye Caulker, be exercised by the trade licensing board established under this section. Duration of 8.–(1) Every member of a Board other than the ex officio membership of Board. member shall hold office for three calendar years, and the No. 19] Trade Licensing 321 first Board set up under this Act in each licensing district shall hold office until 31st December in the year following that in which the Board is set up, but any member of a Board, other than the ex officio member, may at any time resign from his membership of the Board or be removed therefrom by the local Authority. (2) A member may be removed from the Board for any of the following reasons– (a) death; (b) resignation; or (c) three consecutive unexcused absences from any Board meeting. (3) The local Authority may appoint persons to fill any vacancy occurring on any Board. (4) Any person appointed to be a member of a Board in place of a member who has died or resigned his membership of that Board or has been removed from office, shall hold office during a period equal to the unexpired portion of the term of office of the last-mentioned member; (5) Any person appointed to act as a member of a Board during the absence of a member shall hold office during the period of such absence. (6) Any person ceasing to be a member of any Board shall be eligible for re-appointment.

9 — (1) Every Board shall have the powers– Power of

9.–(1) Every Board shall have the powers– Power of Board. (a) to hear and determine all applications for the issue of licences and for the renewal or transfer thereof; 322 Trade Licensing [No. 19 (b) to grant licences; (c) to forfeit or suspend licences; and (d) to do such other things necessary to give effect to the provisions of this Act. (2) A Board may forfeit a licence for such period as it thinks fit if the licence holder– (a) is convicted of any offence involving dishonesty CAP. 101. under Title XI of the Criminal Code; (b) is convicted of arson; (c) is convicted of any offence under this Act, CAP. 49. the Customs Regulation Act, the Income and CAP. 55. CAP. 63. Business Tax Act, the General Sales Tax Act or any other offence involving fraud of the revenue; or (d) is convicted for a second or subsequent offence under the following laws– CAP. 40. (i) Public Health Act; CAP. 85. (ii) Belize City Council Act; CAP. 86. (iii) Belmopan City Council Act; CAP. 87. (iv) Town Councils Act; CAP. 293. (v) Supplies Control Act; CAP. 294. (vi) National Metrology Act; CAP. 295. (vii) Standards Act; No. 19] Trade Licensing 323 (viii) Belize Building Act; CAP. 131. (ix) National Fire Service Act; or CAP. 137. (x) Property Protection (Fire) Act. CAP. 140. (3) A Board may suspend a licence if the licence holder is in default of payment of property tax, refuse collection fees or other fees and charges imposed by law, which are payable to the local authority and every such suspension shall remain in force until all the outstanding taxes, fees and charges have been duly paid or satisfactory arrangements have been made with the local Authority for such payment. (4) The local authority with the approval of the Minister may make rules prescribing the procedure to be followed by the Board in hearing and determining any application for a licence or renewal of, or transfer of, a licence, or for the forfeiture or suspension of a licence. (5) The Board shall grant automatic approval for defined classes of business listed in Schedule II. Schedule II.

10 — (1) Every Board shall meet at least quarterly in the Quarterly

10.–(1) Every Board shall meet at least quarterly in the Quarterly meetings of early half of the months of January, April, July and October Board. of each year. (2) A Board shall only meet to consider applications for business types not granted under Schedule II. Schedule II.

11 — (1) If any person pays a fee of one hundred and fifty Special

11.–(1) If any person pays a fee of one hundred and fifty Special meetings of dollars to the clerk of a Board and requests him in writing to Board. summon a special licensing meeting, that clerk shall summon a special meeting of the Board for a day to be fixed by the Chairperson to suit, as far as is reasonably practicable, the convenience of the person. 324 Trade Licensing [No. 19 (2) At any such special meeting a Board may transact any business which it may transact at its quarterly meetings, but any application for a licence made by any person, other than the person who paid for the summoning of the meeting, shall not be heard and determined unless such person has himself paid a fee of one hundred and fifty dollars in respect of his application and asked that it be heard at the special meeting. (3) Sub-sections (1) and (2) shall only apply to applicants with businesses that require vetting and consideration of the Board. PART III Trade Licence Application for 12.–(1) Every person who wishes to commence a trade within trade licence. Schedule III. the limits of any licensing district shall, before he commences such a business, submit to the Board of the licensing district wherein he proposes to set up his trade, an application in writing in the form set out in the Schedule III signed by him setting out the nature of the trade he proposes to set up, his name and address and nationality and such other particulars as may be relevant to his application. (2) On receipt of an application under sub-section (1), the Board may issue a provisional trade licence, with conditions to be satisfied by the applicant, if the applicant has satisfied the Board that– (a) it is a duly registered company under the laws of Belize; and (b) it is in good standing. (3) The conditions stipulated in sub-section (2) shall be provided in regulations. No. 19] Trade Licensing 325 (4) Where an applicant has satisfied the conditions imposed under sub-section (2), the Board shall grant a trade Schedule II. licence to the eligible applicants listed under Schedule II. (5) Every person who wishes to commence a trade within the limits of a village shall, before he commences such a business, submit to the Board of the village wherein he proposes to set up his trade, an application in writing in Schedule III. the form set out in the Schedule III signed by him setting out the nature of the trade he proposes to set up, his name and address and nationality and such other particulars as may be relevant to his application. (6) Sub-sections (2), (3) and (4) shall apply mutatis mutandis to sub-section (5). Applications 13.–(1) Every person who desires to obtain a licence in for licence in respect of respect of a business already existing at the date hereof shall, an existing upon delivery to the clerk of the Board of the town wherein business. he is carrying on such trade, of an application in writing in Schedule IV. the form set out in the Schedule IV signed by him and setting out the nature of the trade for which he desires a licence, his name and address and such other particulars as may be relevant to this application, be granted a licence. (2) Notwithstanding sub-section (1), applications may be submitted electronically to the clerk of the Board of the town where the person intends to carry out such trade. Criteria for 14. In deciding upon any application made to it, a Board may licences. take into account the need for such a trade in that licensing district, the need for control of trade within the licensing district, zones, business class, rates and such other matters as to the Board may seem fit or which may be set out in any regulations made by the Minister. Application 15.–(1) Every application submitted under this Act shall be fee. Schedule V. accompanied by the application fee specified in Schedule V. 326 Trade Licensing [No. 19 (2) The application fee shall be prescribed in regulations made by the Minister. Appeal against 16.–(1) Any person whose application for a licence to a refusal of licence. Board or for the Board’s approval to the transfer of a licence is refused by the Board may appeal to the National Trade License Appeal Board against such a refusal. Rent book. (2) Upon an appeal being made under sub-section (1), Schedule V. the National Trade License Appeal Board shall hear the parties concerned and shall make a ruling thereon either confirming or reversing the decision of the Board. Rent book. 17. The clerk shall enter the particulars specified in a rent Schedule VI. book, in the form specified in Schedule VI, to be maintained by him and shall, as early as is practicable, place the application on the agenda of the Board. Annual licence 18.–(1) Upon receipt of an application, the Board shall fee for trade. assess each trade and levy an annual licence fee for every licence granted under this Act. (2) Every three years, the Board shall reassess the annual licence fee for a licence granted under this Act. (3) The annual license fee shall be paid to the local authority for towns and Caye Caulker Village and treasury department for judicial districts. Determination 19.–(1) The annual licence fee payable in respect of the of annual licence fee. carrying on of a trade shall be determined in accordance with the trade matrix declared under section 20. (2) For the purpose of calculating the fee for an agricultural trade, the productive footprint shall be the area used for processing the agricultural product. No. 19] Trade Licensing 327 (3) The fee payable under sub-section (1), in any case, shall not exceed a rate of twenty-five percent of the productive footprint. (4) Notwithstanding sub-section (1), a business licensed in a village shall pay a flat fee, to be made by Regulations.

20 — (1) Every Board, in respect of towns, shall by Order Declaration of

20.–(1) Every Board, in respect of towns, shall by Order Declaration of trade matrix published in the Gazette, declare a trade matrix. and trade zones. (2) A trade matrix declared under sub-section (1) shall specify the rate per square footage of any trade based on the economic classification of the trade being carried on and the trade zone in which that trade is being conducted. (3) Every Board, in respect of towns, shall by Order published in the Gazette, declare the trade zones for the area within the jurisdiction of that trade licensing board. (4) Every Board, in respect of villages, shall by Order published in the Gazette, declare the flat fee scheme for judicial districts. (5) The trade matrix and trade zones required under sub-sections (1) and (3) shall be declared every three calendar years.

21 — Where any fee is assessed by any Board in respect of Fees when due

21. Where any fee is assessed by any Board in respect of Fees when due. any trade carried on within any town or judicial district, such fee shall be payable within thirty days of the notice of assessment; and where the fee is not paid within this time, a further amount equivalent to ten per centum of the fee referred to in this section shall be payable in respect of every month or part of a month during which such fee remains unpaid.

22 — (1) Where any person who is liable to pay any fee Execution

22.–(1) Where any person who is liable to pay any fee Execution. assessed by any Board fails to do so within thirty days of the notice of assessment, the magistrate of the judicial district in 328 Trade Licensing [No. 19 which the trade in respect of which the fee is due is situated shall, upon a certificate issued by that Board stating the sum due as fee and penalty, proceed to execution as if it were a judgment debt and shall for this purpose have all the powers CAP. 97. available to him under the District Courts (Procedure) Act. (2) Where the magistrate fails to proceed to execution within thirty days after the issue of the certificate by the Board, the Board may apply to the Supreme Court for an order requiring the magistrate to proceed to execution forthwith. Appeal against 23. Whenever any Board has stipulated an assessed fee in fee. respect of any application and the applicant is dissatisfied with the assessment, the applicant may, within ten days of notice of the assessment, serve a written notice of appeal therefrom upon that Board and upon the National Trade License Appeal Board. Annual trade 24.–(1) Every person who changes his place of trade or returns. Schedule VII. ceases to carry it on in the old premises shall before he commences such business in the new premises render a return in the form set out in the Schedule VII in respect of the new premises. (2) If the productive footprint of the new premises is such to render such person liable to a higher rate of fees, he shall pay the amount payable in respect of the new premises, less the proportion of the fee already paid in respect of the old premises, calculated from the beginning of the quarter of a year in which the change takes place. (3) Where any trade is carried on in more than one premises, a separate application shall be made in respect of each additional premises; except that where the premises are divided by walls but are otherwise communicating with one another and the trade carried on therein is carried on by one person or under one management, only one application need be made in respect of all the premises. No. 19] Trade Licensing 329

25 — (1) Every person who, on 1st November in any year, Renewal

25.–(1) Every person who, on 1st November in any year, Renewal. Schedule VII. carries on a trade in respect of which a licence is required under this Act shall on or before 15th November of that year make an application for a renewal of his licence and submit a return in the form prescribed in the Schedule VII. (2) Upon receipt of an application for the renewal of a licence under sub-section (1), the Board shall grant a renewal of the licence but may re-assess the fee payable for such renewal in accordance with section 21. (3) Notwithstanding sub-section (2), the Board may refuse to renew a licence where the applicant is in default of payment of property tax, refuse collection fees, or other fees and charges payable to the local Authority.

26 — If a Board considers that any person, inadvertently, Power to

26. If a Board considers that any person, inadvertently, Power to remedy errors inaccurately completed any return rendered by him, the Board in returns. may remedy the error and assess the applicant accordingly.

27 — Every licence holder shall at all times prominently display Display of

27. Every licence holder shall at all times prominently display Display of licence on his licence on some conspicuous part of the premises where premises. the trade or business is carried out, and every person who fails to comply with this requirement commits an offence and is liable on summary conviction for a fine not exceeding one thousand dollars.

28 — (1) No person carrying on a trade under a licence Transfer of

28.–(1) No person carrying on a trade under a licence Transfer of licences. granted under this Act may transfer the licence for such trade except with the prior approval in writing of the Board and upon payment of a fee of fifty dollars to the Board. (2) The approval of the transfer of a licence referred to in sub-section (1), shall be made at a meeting of the Board, at which the person to whom the transfer is to be made , and the person intending to make the transfer, shall be present. (3) The Board shall request the persons referred to in sub-section (2), to answer any questions and queries as may 330 Trade Licensing [No. 19 be put to them by the Board regarding the transfer of the licence. (4) Notwithstanding sub-sections (1), (2) and (3), Schedule II. business listed in Schedule II shall notify the Board in writing of the imminent transfer of a license. Assessment 29. Every person desirous of carrying on any trade or already upon failure to make return. carrying on a trade, who neglects or refuses to make an application for a licence or a prescribed return prior to the commencement or continuation respectively of any trade shall be assessed by the Board for the town or village in which such trade is or is sought to be carried on, to pay such fine as the Board may think fit upon the information available to it. No person 30. No person or body of persons shall carry on any trade to carry on business within the limits of any licensing district without a licence without licence. granted by the Board for that licensing district except that the case of an existing business it shall be lawful to continue to carry on that business while an application for a licence is pending before the Board. Penalty for 31.–(1) Any person who contravenes section 30, commits carrying on business an offence and is liable on summary conviction to a fine without licence. not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment, and shall cease to carry on the business concerned. (2) A person who commits an offence under sub-section (1) shall not be entitled either by himself or in association with others to a licence to trade for a period of two years from the date of his conviction. (3) The magistrate of the judicial district in which any person carries on any trade within any licencing district without a licence from the Board for that town may, in addition to No. 19] Trade Licensing 331 any fine imposed by him under sub-section (1), impose a fine of five dollars for every day upon which such person carries on such trade without a licence from the Board, and shall order that such person shall cease carrying on such trade forthwith. (4) Where any person carrying on a trade within any licensing district without a licence from the Board for that town is ordered to cease doing so by a magistrate, such persons, if he fails to do so forthwith, commits an offence and is liable on summary conviction to imprisonment for a term not exceeding two months. (5) Notwithstanding the foregoing provisions, the Board may issue a Stop Order to any person who carries on the trade or business in contravention of section 32, or whose licence has been forfeited or suspended by the Board in accordance with section 9, and every person who contravenes or fails to comply with such Stop Order commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

32 — Any person who makes any false statement in an Penalty for

32. Any person who makes any false statement in an Penalty for false statement application for a licence or in a prescribed return tendered in returns. in support of his application for renewal, with the intention of fraudulently obtaining a licence or of avoiding payment of all or any part of any licence fee commits an offence and is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand dollars, or to both such fine and term of imprisonment. PART IV Other licences

33 — (1) Every person who– Peddler’s

33.–(1) Every person who– Peddler’s. licence. 332 Trade Licensing [No. 19 (a) in any street or public place in any town sells or exposes for sale any goods; or (b) in any town acts as a peddler of any goods, shall obtain from the Board for that town a licence, according to the nature of the goods to be sold. (2) Such licence shall be taken out in the name of one individual only who shall have the exclusive right to act thereunder. (3) Every peddler or other person who has obtained a licence under this section shall at all times on demand produce and show such licence to any justice of the peace, police officer, person to whom such peddler, hawker or other person offers his goods for sale, or officer of the Board. (4) Every peddler or other person who refuses on demand to show his licence to, and allow it to be read and a copy thereof taken by any of the persons authorised under sub-section (3), to demand it, is guilty of an offence and is liable on summary conviction to a fine not exceeding five dollars for each offence. (5) Every person who sells or exposes for sale any goods without the licence required by this section is guilty of an offence and is liable on summary conviction to a fine not exceeding one hundred dollars. (6) The fine and the amount of the fee payable under this section shall be recoverable on information in the manner provided for in this Act. (7) This section applies to types of businesses listed in Schedule VIII. Schedule VIII only. No. 19] Trade Licensing 333

34 — (1) Every person who carries on any of the businesses Business for

34.–(1) Every person who carries on any of the businesses Business for which license listed under Schedule VIII shall take out a license for doing to be taken so and pay the prescribed fee. out. Schedule VIII. (2) Every such licence shall be in force up to and including 31st December following the day whereon it was granted, but if any such licence is granted after 1st December in any year, such licence shall be in force for one calendar month from the day whereon it was granted. (3) Every person who carries on any such business without first obtaining from the Board the licence in respect thereof commits an offence and is liable on summary conviction for each offence to a fine not exceeding one hundred dollars.

35 — (1) Every person who carries on the business of a Commercial

35.–(1) Every person who carries on the business of a Commercial traveller. commercial traveller in any licensing district shall obtain a licence from the Board of that licensing district for doing so and pay the prescribed fee. (2) Every person who carries on such business without first obtaining from a Board the licence in respect thereof, commits an offence and is liable on summary conviction to a fine not exceeding one hundred dollars. PART V National Trade License Appeals Board

36 — There shall be established a National Trade License Establishment

36. There shall be established a National Trade License Establishment of National Appeals Board. Trade License Appeals Board.

37 — (1) The National Trade License Appeals Board shall Composition of

37.–(1) The National Trade License Appeals Board shall Composition of National Trade consist of the following members– License Appeal Board. (a) a representative of a registered business organization; 334 Trade Licensing [No. 19 (b) a representative of a registered Realtors or Valuators Association; and (c) a representative of the local Justices of the Peace registered. (2) The Minister shall appoint the members of the National Trade License Appeal Board and appoint the Chairperson by Order published in the Gazette. (3) A member of the National Trade License Appeals Board shall hold office for a term of three years. (4) A member is eligible for re-appointment. (5) A member of the National Trade License Appeals Board may hold that office concurrently with any other office. (6) A member of the National Trade License Appeals Board shall not– (a) hold any political office in the service of the Government; or (b) be a member of any trade licensing board established under this Act. Resignation 38.–(1) A member of the National Trade License Appeals and removal from office. Board may resign his office in writing signed by him and delivered to the Minister. (2) Fourteen days from the date of the confirmation of receipt by the Minister of a resignation under sub-section (1), that member shall cease to be a member of the National Trade License Appeals Board. (3) The office of a member of the National Trade License Appeals Board becomes vacant if– No. 19] Trade Licensing 335 (a) the member dies; (b) the member’s term of office expires; (c) the member resigned by signed notice of resignation delivered to the Minister; (d) the member is convicted of an indictable offence; or (e) the member is removed from office under sub-section (3). (4) The Minister may remove a member of the National Trade License Appeals Board from office if he is satisfied that– (a) the member is permanently incapable of performing his duties by reason of physical or mental infirmity; (b) the member has engaged in dishonourable conduct; (c) the member is convicted of an indictable offence; (d) the member is fails without reasonable excuse to carry out any of his functions under the Act; or (e) engages in activities that are reasonably considered prejudicial to the interest of the National Trade License Appeals Board.

39 — The National Trade License Appeals Board shall hear Functions of

39. The National Trade License Appeals Board shall hear Functions of the National appeals under section 16 or 23. Trade License Appeal Board. 336 Trade Licensing [No. 19 Procedure and 40.–(1) The National Trade License Appeal Board shall meet meetings. as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the National Trade License Appeal Board may determine. (2) The Chairperson may at any time call a special meeting of the National Trade License Appeal Board, and shall call a special meeting to be held within seven days of a written request for that purpose addressed to him by any two members. (3) The Chairperson shall preside at all meetings of the National Trade License Appeal Board and if the Chairperson is absent from a meeting, the members present and constituting a quorum shall elect one of their number to preside at that meeting. (4) The quorum of the National Trade License Appeal Board shall be two. (5) The National Trade License Appeal Board’s decisions shall be by a majority of votes, and in addition to an original vote, the Chairperson or other person presiding at a meeting shall have a casting vote in any case in which the voting is equal. (6) Minutes of each meeting shall be kept in proper form and shall be confirmed as soon as practicable thereafter at a subsequent meeting. Disclosure of 41. A member who is directly or indirectly interested in interest. any matter which is being dealt with by the National Trade License Appeal Board shall disclose the nature of his interest at a meeting of the National Trade License Appeals Board and shall not take part in any deliberation or decision of the National Trade License Appeal Board with respect to that matter. No. 19] Trade Licensing 337

42 — No act done or proceeding taken under this Act shall be Protection of

42. No act done or proceeding taken under this Act shall be Protection of National Trade questioned on the ground of– License Appeal Board. (a) the existence of any vacancy in the membership of, or any defect in the constitution of the National Trade License Appeal Board; or (b) any omission, defect or irregularity not affecting the merits of the case.

43 — (1) No action, suit or other proceedings shall be brought Protection of

43.–(1) No action, suit or other proceedings shall be brought Protection of members. or instituted personally against any member in respect of any act done bona fide the course of carrying out the provisions of this Act. (2) Where any member is exempt from liability by reason only of the provisions of this paragraph, the National Trade License Appeal Board shall be liable to the extent that it would if that member were a servant or agent of the National Trade License Appeal Board.

44 — The Chairperson and other members of the National Trade Remuneration

44. The Chairperson and other members of the National Trade Remuneration of members. License Appeal Board shall be paid a fixed remuneration, whether by way of honorarium, salary or fees, and such allowances as the Minister may determine.

45 — The Minister may make rules regulating and prescribing Rules

45. The Minister may make rules regulating and prescribing Rules. the procedure on appeals under this Act. PART VI Miscellaneous

46 — (1) The amounts of the prescribed fees payable under

46.–(1) The amounts of the prescribed fees payable under this Act in relation to the carrying on in any town of the several trades mentioned in section 34 are those set out in the Schedule VIII. Schedule VIII. 338 Trade Licensing [No. 19 (2) Schedule VIII may be amended by Order published in the Gazette. (3) Schedule VIII shall not apply to villages. Orders. 47.-(1) The Minister may by Order published in the Gazette, substitute another amount as the prescribed fee or another formula of computation of the fee. (2) Every such Order shall be subject to negative resolution. Fees to be 48. All fees paid in respect of licences granted under this credited to local Authority Act and all penalties imposed in respect of the non-payment or Treasury or late payment of such fees shall be paid to– Department. (a) the credit of the funds of the local Authority (town or city fund) of the licensing district in which they are recovered; or (b) the Treasury Department in the village in which they are recovered, in respect of villages, except Caye Caulker Village. Regulations. 49. The Minister may make regulations for– (a) prescribing anything which under this Act is required or authorised to be prescribed; and (b) generally for the carrying out of the provisions. Repeal and 50.–(1) The Trade Licensing Act is repealed. Savings. CAP. 66. (2) Notwithstanding the repeal– (a) every licence issued under the repealed Act, and in force immediately before the coming No. 19] Trade Licensing 339 into force of this Act shall continue to be in force; and (b) nothing in this Act shall affect anything done, any proceedings taken or a right which has accrued or a liability which has been incurred under the repealed regulations before the coming into force of this Act. (3) All Regulations, rules, byelaws, Orders or other subsidiary instruments made under the repealed Act shall continue to be in force in so far as they are not inconsistent with this Act and until they are revoked. (4) Where, in any rule, law, enactment, Order, notice or subsidiary instrument, any reference is made to the Trade Licensing Act such reference shall be construed as a reference to this Act.

51 — Notwithstanding the entry into force of this Act, every Transitional

51. Notwithstanding the entry into force of this Act, every Transitional. new trade and trade existing prior to the commencement of this Act shall not be levied an annual licence fee that is greater than or less than ten percent of the annual licence fee levied on that trade prior to the entry into force of this Act.

52 — This Act shall come into force on the 1st day of January, Commencement

52. This Act shall come into force on the 1st day of January, Commencement. 2025. 340 Trade Licensing [No. 19

SCHEDULE I

SCHEDULE I TRADE LICENSING ACT Trade licensing boards for the villages in the Cayo District [section 5(2)] Cayo Trade Licensing Board – Eastern Division 1. Armenia Village 2. Camalote Village 3. Cotton tree Village 4. St. Matthews Village 5. Teakettle Village 6. Unitedville Village 7. Valley of Peace Village 8. Frank’s Eddy Village 9. Ontario Village 10. More Tomorrow Village 11. Roaring Creek Village 12. St. Margaret Village Cayo Trade Licensing Board – Central Division 1. Billy White Village 2. Buena Vista Village 3. Bullet Tree Falls Village 4. Cristo Rey Village 5. Duck Run 1 Village 6. Duck Run 2 Village 7. Duck Run 3 Village 8. Esperanza Village 9. Georgeville Village 10. La Gracia Village 11. Los Tambos Village 12. San Antonio Village 13. Santa Familia Village 14. Selena Village No. 19] Trade Licensing 341 15. El Progresso Village 16. Yalbac Village 17. Santa Teresita Village 18. San Marcos Village 19. Blackman Eddy Village Cayo Trade Licensing Board – Western Division 1. San Jose Succotz Village 2. Arenal Village 3. Calla Creek Village 342 Trade Licensing [No. 19

SCHEDULE II

SCHEDULE II TRADE LICENSING ACT Schedule of Businesses/Industries eligible for Automatic Approval [sections 9(5), 10(2), 12(4) and 28(4)] Table 1—Sectors for Automatic UN ISIC Approval Classifications of Business Activities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´ 6HUYLFHV GHVLJQHG WR UHSDLU LWHPV VXFKDVZDWFKHVMHZHOU\IXUQLWXUH HOHFWULFDO HTXLSPHQW DSSOLDQFHV DQG FORFNV DQG PD\ LQFOXGH LQFLGHQWDOUHWDLOVDOHV No. 19] Trade Licensing 343

SCHEDULE III

SCHEDULE III TRADE LICENSING ACT Application for Licence for New Trade [section 12(1) and (5)] Name of Applicant................................................................... Address................................................................................. Social Security Number.............................................................. Date of Birth........................................................................... Nationality............................................................................. Nature of Trade/Economic classification......................................... Date of Intended Commencement.................................................. Zone………………………………………………………………..................... Address at which Trade will be carried on....................................... Productive Footprint (in square feet).............................................. I,………………………………………. declare that the facts set out in this application are just and true, and apply for a Licence in terms thereof. DATED this ………………… day of …………….20…… Signed To: The ……………………………...……(Licensing Board or City Council) 344 Trade Licensing [No. 19

SCHEDULE IV

SCHEDULE IV TRADE LICENSING ACT Application for Licensing for Existing Trade [section 13(1)] Name of Applicant ................................................................... Address................................................................................. Date of Birth........................................................................... Social Security Number............................................................. Nature of Trade/Economic classification......................................... Zone……………………………………………………..................….………. Address at which Trade is carried on............................................. Productive Footprint (in square feet).............................................. I, ................................................................ declare that the above facts are in all respects just and true and I apply for a Licence in terms thereof. DATED this ……………. day of …………20………. Signed To: The……………………Licensing Board or City Council). No. 19] Trade Licensing 345

SCHEDULE V

SCHEDULE V TRADE LICENSING ACT Application Fee [section 15(1)] Application fee………………………….......……………………………$10.00 346 Trade Licensing [No. 19

SCHEDULE VI

SCHEDULE VI TRADE LICENSING ACT Register of applications [Section 17] 1DWLRQDO 5HFRUG 1DPHRI %XVLQHVV 6WUHHW +RXVH /RW 3DUFHO 7RWDO 0XQLFLSDO (FRQRPLF *,6 &RVW 7RWDO $QQXDO 5DWH $VVHVVHG %XLOGLQJ ,' $SSOLFDQW 1DPH 1R 1R 1R 6TXDUH =RQH &ODVVLILFDWLRQ &RRUGLQDWHV 3HU 3URGXFWLYH 5HQWDO )HH ,' )RRWDJH 6TXDUH )RRWSULQW 9DOXH )RRW No. 19] Trade Licensing 347

SCHEDULE VII

SCHEDULE VII TRADE LICENSING ACT Annual Trade Returns [sections 24 and 25] Return made for Year 20............................................................ Name of Declarant................................................................... Address................................................................................. Social Security Number............................................................. Holder of Licence No ............................................................... Nature of Trade....................................................................... Productive Footprint (in square feet).............................................. DATED this…………………day of ………………20………. Signed TO: The…………………. (Licensing Board or City Council) 348 Trade Licensing [No. 19

SCHEDULE VIII

SCHEDULE VIII Trade Licensing Fees Section 33(1) 34(1) and 46 )HHV %XVLQHVVRI /LFHQFH)HHV 'HFODUHG &RPPHUFLDO 0D[LPXPIHHRISHU 7UDYHOOHUV WUXFNSHUDQQXP 0D[LPXPIHHRISHU 3HGGOHUV DQQXP 0D[LPXPIHHRISHU $PXVHPHQW5LGHV GD\ 0D[LPXPIHHRISHU 3URPRWHUV DQQXP 0D[LPXPRISHUDQQXP %XLOGLQJ&RQWUDFWRUV 2PQLEXVHV 0D[LPXPIHHRISHUGD\ 7D[L2SHUDWRUV 0D[LPXPIHHRISHUGD\ 0D[LPXPIHHRISHU (%XVLQHVV2SHUDWRUV DQQXP 8WLOLW\6HUYLFH 0D[LPXPRISHUDQQXP 3URYLGHUV $XWR'HDOHUV 0D[LPXPRISHUDQQXP 7UDYHOOLQJ 0D[LPXPRISHUDQQXP 3URIHVVLRQDOV *ROI&DUW5HQWDOV SHUJROIFDUWSHUDQQXP Printed in Belize by the Government Printer #1 Power Lane, Belmopan

Trade Licensing Act 2024 (No. 19 of 2024)

عن هذا القانون

أين تقرؤه

النص