To be the most focused facilitator of equitable and sustainable development and provider of local quality services in the country.
THE MUNICIPAL COUNCIL OF MAVOKO
(LICENSING OF PREMISES AND TRADES)
BY-LAWS 2009
THE LOCAL GOVERNMENT ACT
(CAP. 265)
IN EXERCISE of the powers conferred by Section 201 of the Local Government Act (Cap 265) the Municipal Council of Mavoko hereby makes the following By-Laws;-
THE MUNICIPAL COUNCIL OF MAVOKO
(LICENSING OF PREMISES AND TRADES) BY-LAWS, 2009
Citation (1) These By-Laws may be cited as the Municipal of Mavoko licensing of Premises and Trades) Amendment By-Laws, 2009.
Interpretation (2) In these By-Laws, except where the context otherwise requires-
“Municipal” means the Municipal Council of Mavoko;
“Premises” means permanent or semi permanent buildings, land or travelling wholesaler;
“annual single business permit” means a permit issued in respect of a class of business activities in view of the separate licensing which would otherwise require to be issued in respect of each activity;
“Town clerk” means the person for the time being holding the office of Town Clerk of Mavoko and any person authorised in writing by him for the purpose of these By-laws.
“Petrol pumps” means fuel outlets;
“Exhibitions” means retail outlets commonly conducted in
one hall but with distinct businesses/trades in forms of stalls, cubicles or in any other manner being managed and conducted by different traders, individuals and includes subdivisions within a premises/hall let out for purpose of trading;
“Supermarkets” means any self service store or shop which engages in a multiplicity of trade through retailing and occupying a maximum of one floor;
“Mega supermarket” means a combination of distribution, wholesaling, retailing stores/shops and medium supermarkets operating in a maximum of three floors;
“Hyper supermarkets” means where there are multiplicity of trades or businesses, which include but is not limited to distribution, wholesaling, retailing, supermarkets, banking, professional services, parking, food courts occupying more than three floors or as the council may determine from time to time.
“General merchants” means a trader who engages in general trade whether wholesale or retail to be classified as small, medium or large trader;
“Kiosk” means a temporary structure authorised by the council under the terms of Temporary Occupation License (TOL) for the purposes of small traders with approved plans. Such business permit shall be cancelled if the trader makes any alterations to the approved plans without consent of the council;
“Informal trader” includes but is not limited to all unregistered businesses, kiosks, mama mboga, maize roasters, shoe shiners, watch repairers and loose and unorganised businesses or as the council may define from time to time;
“Business permit” means a permit that allows the conduct of a business or trade including profession or occupation within the area of jurisdiction of the council;
Premises to be 3. (1) No person shall engage in or carry any trade, occupation,
permitted business or profession, at any premises within the jurisdiction of the council unless such premises are permitted for the purpose of carrying on such trade, occupation, business or profession;
(2) Any person who contravenes or fails to comply with the
provision of this by law shall be guilty of an offence.
Application 4. (1) Every application for a permit under these bylaws shall be for permit in the form to be obtained from the Town clerk, and the
applicant for a new permit or renewal of a current permit
shall fill the form in detail, provided that the council may, in any particular case require any applicant to submit or
supply such further information as the council may require;
(2) If the application is for a new permit it shall be delivered to
the Town clerk or is appointee not less than thirty days
before the date, which shall be specified in the application,
upon which it is desired that trading, manufacturing or
storing shall begin;
(3) If it is an application for renewal of a current permit, it shall be delivered to the town clerk or his appointee before 30th October of the year preceding that to which the
application relates;
Provided that upon payment by the applicant of a late
application fee which shall be subject to revision from
time to time by a resolution of the council, the town
clerk or his appointee shall accept an application after
31st December;
(4) Application forms, shall be completed and signed by the
applicant and the town clerk or his appointee may refuse to
accept any application which does not comply with the
requirements of these bylaws.
Form and issue 5. (1) The Council at its own discretion may on any grounds as
Of permit specified under section 165 of the Local Government Act
issue or refuse to issue a permit under these bylaws;
(2) A permit under these bylaws shall be in such form as the
council may from time to time determine and shall be signed by the town clerk or his duly appointed officer;
Fees 6. (1) Subject to paragraph (2) there shall be payment to the
council upon issue of every permit, a permit fee as
elaborated under section 148 of the Local Government Act
from time to time;
(2) The council may by a resolution exempt any charitable organisation from payment of or reduce any permit fees payable by such charitable organisation;
Such charitable organisation shall be determined by the relevant council committee, and should not be profit making.
Transfer of 7. (1) A permit issued under these by laws may be transferred by
permit the permit holder thereof to any other person, with the prior written consent of the council;
(2) Any application for the transfer of any permit under
paragraph (1) of this bylaw shall be in such form as may be
prescribed by the council and shall be accompanied by the
permit to which it relates, provided that the council may, in
any particular case require an applicant for the transfer of a
permit under paragraph (1) to submit or to supply such
further information as the council may require;
(3) Every application for a transfer under paragraph (1) shall
be accompanied by a fee which shall be subject to revision
from time to time by a resolution of the council;
(4) A memorandum of the transfer of any permit shall be
endorsed on the permit by the town clerk or his duly
appointed officer.
Display 8. Every person to whom a permit has been issued or transferred in
of permit respect of the appropriate premises under these bylaws shall display the original permit in a conspicuous place in such premises during the currency of the permit.
Conditions on 9. The council may attach to any permit issued or transferred under
Permit these by laws such conditions as it deems necessary to ensure the sanitary, and hygiene and state of premises in respect of which the permit is issued and failure to observe or comply with any such condition(s) shall be an offence under these by- laws.
Powers to 10. (1) The Medical Officer of Health, Enforcement Officer of the
inspect council, Police Officer or any other person duly authorised
by the town clerk may at any reasonable time enter any
premises, whether permitted under these bylaws or not, to
make any inspection, inquiries or perform any work for the
purpose of these bylaws or to ascertain whether the
requirements of these bylaws or any conditions attached
to any permit issued or transferred under these bylaws
are being observed;
(2) Any person who hinders, obstructs, interferes with or
prevents the Medical Officer of Health, Enforcement
Officer, Police Officer or any other person duly authorised
in writing by the town clerk in exercising his powers under
paragraph (1) or refuses to give information or gives any
false or misleading information to any such officer in the course of such inspection or inquiries shall be guilty of an
offence;
(3) Any person who refuses to give any information or gives false information which may lead to undercharging amongst others, shall be guilty of an offence;
Any person who gives false information, whether verbal or written leading to an undercharge shall be guilty of an offence.
Production of 11. Every person to whom a permit has been issued or transferred
Permit under these bylaws shall on demand by any Police Officer,
Medical Officer of Health, Enforcement Officer or any other
person authorised by the town clerk or his duly authorised
officer, produce such permit for inspection by such officer by
issue of notice.
Penalties 12. Any person found guilty of an offence under these bylaws shall be
liable to a fine not more than five thousand or three months
imprisonment for first offence and six months or not more than ten
thousand for second offence or both.
for a third offence, imprisonment of six months without option
of a fine.
Conditions 13. Every applicant for a single business permit, whether new or
For permit renewal shall produce a certificate of proof of payment of rates by
Renewal or the landlord or his agent to the council, but in default of such the
New application council shall invoke section 18 of cap 267 of the Rating Act.
Refusal to 14. The council shall or may exercise its powers to grant, to refuse,
Grant or renew to renew, or withdraw/cancel any permit if it contravenes and if it
Or withdraw or falls under the conditions set out under section 165 of the Local
Cancellation of permit Government Act or any other condition specified by the council.
Consolidated 15. The council shall issue a consolidated permit to a trader who
Permits conducts different trades, or business or professions under one
premises which are accessed through one door, but this does not
apply to exhibitions.
Petrol stations 16. For purposes of this bylaws a large petrol station includes and is
limited to fuel outlets, garage, car wash, supermarket, chemist,
pub, restaurant. These shall be subject to consolidated permit.
Wayleaves 17. For the purposes of these By-laws, “wayleaves” shall be defined as that space or strip of land that is exclusively used for overhead, underground, ground level service lines for power lines, telephone lines, water pipes, sewer lines, ducts or any other space, conducting and or conveyancing such services but not exclusively confined to the same owned by an individual company private, parastatals or otherwise any person who would claim exclusive ownership of such conveyances as carriages or space.
The Council shall charge such fees and charges for use of such wayleaves as prescribed under fees and charges in accordance with accordance with the local Government Act (Cap 265) and these by-laws.
Any person who neglects to pay fees and charges for use of a wayleave upon written demand shall be guilty of an offence.
Quarrying 18. For the purpose of this by-law quarrying shall be defined as that
activities activity that includes but is not limited to mining, extraction, removal, harvesting, cutting from either private or public land natural resources which has been approved by the council.
The council shall levy such fees and charges for the quarrying activities as may b e prescribed by the council and shall attach such conditions as may be specified from time to time but not limited to reclamation, reinstatement, alternative use, and the council may require the person undertaking such activities to post a bond or an acceptance of the above conditions.
Instant arrest 19. (a) Any person carrying on business within the jurisdiction
and prosecution of the council who fails to obtain a business permit by
31st March of the current trading year or any past year shall
be guilty of an offence under these by-laws and shall be
liable to be arrested without warrant. The offence will be
deemed to be continuous until the person obtains the
relevant permit.
(b) An offence under paragraph (1) will be deemed to be
Continuous until the person obtains the relevant permit from the Council.
Removal and 20 An authorised official may remove, demolish and/or impounding impound any illegal structure/kiosk business which he
reasonably suspects is being used in connection with
street trading or kiosk business at a place where street
trading or kiosk business is prohibited, regardless of
whether the structure is under the control of any person
at that time or not.
User restriction 21 Any person carrying on kiosk business shall not sleep
overnight in the premises of that business.
Information 22. (a) Cyber-cafes: for the purpose of these by-laws a cyber café
Communication shall be limited to a certain number of monitors as
Technology determined or categorised as small, medium and large as
determined by the council from time to time;
(b) Business centres: for the purpose of these by laws,
business centre includes but is not limited to computer
services, telephone services, website services, internet
services, email, binding, photocopying, scanning but
excluding training;
(c) Small communication centre: for the purpose of these by -
laws a small communication centre shall be construed to
mean business centre;
(d) Medium communication centre: is defined as medium
business centre;
(e) Large communication centre: is defined as large business
centre.
Other trades 23. Every other business established but not specified by these by-laws shall be defined by the council from time to time and as related to other by-laws so established.
Made by Order of the Municipal Council of Mavoko this……………….
day of……………..2009.
WISDOM K. MWAMBURI
TOWN CLERK
Approved this…………………. day of………………………………..2009
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT