1. These By-laws may be cited as the Town Council of Taveta (Business permit) By-laws, 2008.
2. In these By-laws, unless the context otherwise requires:-
‘Council’ means the Town Council of Taveta
‘Authorized Officer’ means the clerk to Council and any other person authorized in writing by him to act as such for the purpose of enforcing these By-laws.
‘Annual consolidated Business permit' means a permit issued in respect of class of business activities in view of the separate license which would otherwise require to be issued in respect of each activity.
‘Tariff’ means the pre-approved schedule of permit fees structure used by all local authorities.
‘Business permit’ means a permit that allows the conduct of a business including a professional occupation within the area of the Town Council of Taveta.
‘Fees and Charges’ shall be those latest gazetted at any point of time by the council.
‘Medical office of health” means medical officer or public health officer in charge of the town area.
‘Premises’ means a room or place where a trade, an occupation or any kind of business is carried on or is to be carried on.
‘Town’ means the area within the boundaries of the council.
‘Trade or business or occupation’ means any act or movement or exercise carried for any gain or profit or for any income or interest.
3. No person shall engage in or carry out any trade occupation or business unless such person has applied for registration and obtained permit for carrying out such business, trade occupation or profession.
4. Any person who contravenes or fails to comply with the provision of these By-laws shall be guilty of an offence.
Power to Impound Goods
5. Authorized officer shall have the power, right and authority to:-
(i) Seize any tools or goods of trade of any person found trading or carrying on or entering into or engaging in any trade, occupation or business at any point of time in the town without a valid council permit for the said trade, business or occupation as an exhibit or proof or evidence for the said illegal practice as it is illegal to enter into those practices without a valid council permit.
(ii) Bond or arrest any person found trading or carrying on or entering into or engaging in any trade occupation or business at any point of time in the town without a valid council permit for the said trade, occupation or business.
Fees and Charges
6. The council’s fees and charges shall be those listed in the council’s latest gazetted fees and charges list at any point in time.
Application for Permit or license
7. Every registration for a business permit under these by laws shall in the form to be obtained from the town clerk.
No refund of Fees and charges Paid to the Council
8. If the registration is for a new permit, it shall be delivered to the Town clerk not less than thirty days before the date which shall be specified in the registration form, up on which It is desired that, trading, business activity or occupation shall begin.
9. If registration for a renewal of a current business permit, it shall be delivered to the Town Clerk before 30th November of the year preceding that to which the registration relates provided that upon payment of registration of a late registration fee of amount prescribed in permit fee structure, the Town Clerk shall accept registration made after 30th November.
10. Registration forms shall be completed by the person registering and the Town Clerk may refuse to accept any registration form which does not comply with the requirement of these By-laws or which does not give the required information.
11. A business permit under these By-laws shall be in a standard form for all local authorities.
Penalty for Late Registration
12. A penalty fee of twenty five per cent (25%), fifty percent (50%), seventy five percent (75%) and hundred percent (100%) of the business permit fee shall become payable by the person registering if the business permit fee is not paid to council and a permit obtained by 31st March, June, 30th September, 30th November respectively of the permit year.
13. There shall be paid to the Council upon issue of every business permit, a permit fee as per the councils chosen single permit fee structure from the pre-approved staff.
14. A permit issued under these By-laws shall not be transferable from the holder thereof to any other person without the approval of the Town Clerk given in writing.
15. (a) More than one trade or occupation or Business may be carried on in one premise under one permit unless if not approved by the Town Clerk.
(c) No permit issued shall be used in any other premises o other places other than in the premises or particular place it is issued for.
Expiration of Permit
16. Every permit issued under these By-laws shall unless earlier cancelled expire on the 31st December in the year which it is issued.
Cancellation and Non Renewal of Permit
17. The Town Clerk may in his discretion or upon receiving a recommendation in writing from the Medical Officer of Health or Public Health Officer cancel or refrain from the renewing any permit which has been issued under these By-laws.
18. (i) Every business permit issued under these By-laws shall be exhibited in a prominent and conspicuous place in the premises to which it relates.
(ii) If it does not relate to the premises, such business permit shall be carried by the person require by these By-laws to be provided with such business permit.
(iii) Any person who fails to comply with sub-paragraph (1) of these By-laws shall be guilty of an offence.
19. (i) Enforcement Officer of the Council or any other person duly authorized by the council in writing may at any reasonable time enter any premises whether having business permit under these By-laws or not, to make inspections, enquiries or perform any conditions attaching to any business permit issued or transferred under these By-laws are being observed.
Display of Permit or Licence
Any person who hinder, obstructs, interferes with or prevents enforcements officers or any other person duly authorized in writing by the council in exercising his/her powers under paragraph (1) of this by-law or refuses to give information or gives false or misleading information to any such officer in the course of such inspection or enquiries shall be guilty of an offence.
Payment of work Undertaken by the Council
20. Where any condition attached to a permit issued under these By-laws requires any person to execute any work and such person fails to execute such work within eh time specified in such conditions, then the council may cause such work to be executed and expenses incurred while so executing such work shall be recoverable from the person required to Execute such work as a civil debt due to the council from the person required to execute such work as a civil debt due to the council.
21. Any person who obstructs any council official or any guilty of any council official or any authorized officer on his duties under these By-laws shall be guilty of an offence
22. Any person who is guilty of an offence under the provisions of these By-laws shall be liable:-
(a) In the case of a first conviction for such offence, to a fine not less than five thousand Kenya shillings, or imprisonment for a term not less than Twelve months, or to both such fine and imprisonment.
(b) On the case of a second or subsequent conviction for such an offence, to a fine not les than ten thousand Kenya shillings, or imprisonment for a term not less than eighteen months or to both such fine and imprisonment.