To amend the Businesses Act, 1991, so as to amend a certain definition; to make further provision regarding the grounds on which applications for certain licences may be refused; to further regulate the obligation of a licensing authority to furnish reasons for certain decisions; to further regulate the power of an Administrator to make regulations; and to empower a local authority to make by-laws regarding the carrying on of the business of street vendor, pedlar or hawker; to amend certain laws; and to provide for matters connected therewith.
Amendment of section 1 of Act 71 of 1991 1.
" 'regulation' means a regulation made by an Administrator under section 6(1) or 6A(4)(a)(i);".
Amendment of section 2 of Act 71 of 1991 2.
"(ii) any apparatus, equipment, storing storage space, working surface, structure, vehicle, conveyance or any other article or place used for or in connection with the preparation, handling or sale of foodstuffs, does not comply with a requirement of a law relating to the health of the public."
inform the applicant or licence holder concerned in writing of his right of appeal under section 3.
Amendment of section 6 of Act 71 of 1991 3.
formal requirements regarding the making, approval and promulgation of such by-laws.
(4) (a) The Administrator shall, not less than three months one month before promulgating a regulation under subsection (1), or a notice under subsection (1)(b)(iv)(aa) or (ee) cause a draft of the regulation or notice to be published in the Official Gazette, together with a notice declaring his intention to issue such a regulation or notice and inviting interested persons to furnish him with comments thereon or representations in connection therewith.
If the Administrator determines upon any alteration on a draft regulation or notice so published, as a result of comments or representations furnished to him in respect thereof, it shall not be necessary to publish the alteration in terms of this subsection before the amended draft is promulgated as a regulation or notice.
"(i) in terms of this Act or in terms of a by-law contemplated in subsection (1)(c)(i) section 6A(1); and".
The regulations made by the Administrator of the Cape of Good Hope under section 6(1)(b) of the Businesses, Act, 1991 (Act No.
outside such an area, be deemed to have been made under section 6A(4)(a)(i) of the said Act, and shall remain in force until amended or repealed by the local authority or Administrator concerned under the said subsection 6A(1) or (4) (a) (i), as the case may be.
Insertion of section 6A in Act 71 of 1991 4.
on a verge as defined in section 1 of the Road Traffic Act, 1989 (Act No.
a building declared to be a national monument under the National Monuments Act, 1969 (Act No.
on that half of a public road contiguous to a building used for residential purposes, if the owner or person in control or any occupier of the building objects thereto.
impose a restriction or requirement in relation to a street vendor, pedlar or hawker that is not in terms of any other by law or regulation of the local authority concerned imposed in relation to a person carrying on business in the same goods and services on fixed premises: Provided that this subpara graph shall not prevent the making of a by-law which is necessitated by reason of the business concerned being carried on elsewhere than on fixed premises.
protect any person against trade competition, except to the extent contemplated in paragraph (a)(iii)(ee).
which he finds at a place wherein terms of a by-law under subsection (1)(a)(ii) or (iii), the carrying on of such business is restricted or prohibited and which, in his opinion, constitutes an infringement of such by- law, whether or not such goods, receptacle, vehicle or movable structure is in the possession or under the control of any person at the time of such removal or impoundment.
A local authority may, subject to the provisions of paragraphs (b) up to and including (j), by resolution declare any place in its area of jurisdiction to be an area in which the carrying on of the business of street vendor, pedlar or hawker may be restricted or prohibited.
A motion that steps be taken to declare an area under this subsection shall be dealt with at a meeting of the local authority.
more effective supervision or control in that area, including negotiations with any person carrying on in that area the business of street vendor, pedlar or hawker or their representatives, will make such declaration unnecessary; and the intended restriction or prohibition will drive out of business a substantial number of street vendors, pedlars or hawkers.
If such a motion is adopted the local authority shall cause a plan to be prepared showing the position of the area concerned.
On completion of the said plan the local authority shall cause to be published in a newspaper circulating in the area of jurisdiction of that local authority, a notice setting out its intention to effect the restriction or prohibition concerned as well as its reasons therefor, stating that the said plan is open for inspection at a place and during the hours mentioned in the notice and calling upon any person who has any objection to the intended restriction or prohibition to submit in writing to the local authority within a period mentioned in the notice, which period shall not be shorter than 21 days following the day upon which the notice appeared in the newspaper, such objection or objections.
The local authority shall, at least 21 days before the last day on which objections may be submitted in terms of such notice, cause a copy of the said notice to be displayed at a suitable place in or near the area concerned.
The local authority shall consider every objection submitted in terms of paragraph (e) or (f) and may thereafter resolve on the declaration of the area concerned.
The local authority shall cause the declaration to be published in the Official Gazette, and such declaration shall take effect on the date of such publication.
The local authority shall forthwith after the publication referred to in paragraph (h), submit to the Administrator a copy of the plan of the area, the notice published in the newspaper in terms of paragraph (e), the notice published in the Official Gazette in terms of paragraph (h) and all objections received, together with its comments thereon.
The Administrator may within a period of 60 days after such submission and after consultation with the local authority concerned, by notice in the Official Gazette amend or revoke the declaration concerned.
Notwithstanding the provisions of section 17C(2) of the Promotion of Local Government Affairs Act, 1983 (Act No. 91 of 1983), a local authority shall not authorize any committee of, or any officer or employee in the service of, the local authority to perform any duty assigned to the local authority by or under paragraph (b), (c) or (g).
by agreement let or otherwise allocate any stand or area demarcated under paragraph (b)(i) or otherwise established for such purposes.
Different regulations may be made under paragraph (a)(i) in respect of different areas.
After the Administrator has made such declaration, he shall cause it to be published in the Official Gazette, and such declaration shall take effect on the date of such publication.
by agreement let or otherwise allocate any stand or area demarcated under subparagraph (iv) or otherwise established for such purposes.
Amendment of Schedule 1 to Act 71 of 1991 5.
"(2) For the purposes of subitem (1) 'perishable foodstuff' means any foodstuff or category of foodstuffs declared by the Minister an Administrator by notice in the Official Gazette to be a perishable foodstuff in the province concerned for the purposes of this item.".
The laws specified in the Schedule are hereby repealed or amended to the extent indicated in the third column thereof.
until the date on which such by-laws or regulations are repealed or substituted by by-laws or regulations made under section 6A of the Businesses Act, 1991 (Act No. 71 of 1991), by the local authority or Administrator concerned; or until a date six months after the commencement of this Act, whichever is the earlier date.
This Act shall be called the Businesses Amendment Act, 1993.
Ordinance Licences and The amendment of section 45 No. 11 of 1973 Business Hours by the deletion of paragraph (f) of subsection (1).
The amendment of section amendment of section 266 by the deletion in subsection (1) of subparagraph (viii) of paragraph (u).
The amendment of section 146 by the deletion of deletion of subsection (19).
and (o) of subsection (1).
The repeal of section 65.
The amendment of section 79 by the deletion of paragraph (g) of subsection (14).
The amendment of section 80 by the deletion of subsection (73).
The amendment of section 61 by the deletion of paragraph (k) of subsection (1).
The amendment of section 63 by the deletion of paragraph (b) of subsection (1).