THE ELGEYOIMARAKWET COUNTY TRADE LICENSING AND MARKETS BILL 2016 ARRANGEMENT OF CLAUSES Clause 1 ID: 850473
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1 SPECIAL ISSUE Elgeyo/Marakwet County Gaz
SPECIAL ISSUE Elgeyo/Marakwet County Gazette Supplement No. 7 (Bills No. 6) / U NATIONAL COJc11 F ()!. LIBRARY REPUBLIC OF KENYA EL GEYO/MARAKWET COUNTY BILLS, 2016 NAIROBI, 11th March, 2016 CONTENT Bill for Introduction into the County Assembly of Elgeyo Marakwet - PAGE The ElgeyolMarakwet County Trade (Licensing) and Markets Bill, 2016 ...... PRINTED AND PUBLiSHED BY THE GOVERNMENT PRINTE
2 R, NAIROBI THE ELGEYOIMARAKWET COUNTY T
R, NAIROBI THE ELGEYOIMARAKWET COUNTY TRADE (LICENSING) AND MARKETS BILL, 2016 ARRANGEMENT OF CLAUSES Clause 1Short title and commencement. 2Interpretation. 4Prohibition of trading without license. 9Duration of trading licence. 13Register. 15Hawkers licence not transferable. 16Production of hawkers licence. 17Travelling whosalers licence. 18Duration of travelling wholesalers licence
3 . 19Travelling wholesalers servant. 21
. 19Travelling wholesalers servant. 21Issue of duplicate licence. 26Licences required under other Acts. 27Distribution of goods and provision of services across counties. 28Offences and penalties. 30Regulations. 2 THE ELGEYOIMARAKWET COUNTY TRADE A Bill for by the County Assembly of Elgeyo/Marakwet, as follows PART IPRELIMINARY This Act may be cited as the ElgeyolMarakwet Short title
4 and commencement County Trade (Licensin
and commencement County Trade (Licensing) and Markets Act, 2016, and shall Gazette. In this Act, unless the context otherwise requires: Interpretation "approved form" means a form approved by the 5; "business" means a profession, trade or occupation; 5 to be a general established under this Act; The Elgevo/Maraht'e: County Trade (Licensing) and Markets Bill, 2016 government appointed under
5 section 5; "owner" includes occupier; an
section 5; "owner" includes occupier; and their grammatical variants and cognate expressions; person, sells goods by wholesale other than in trading Establishment of committee member responsible for trade may with the Trading Centre, approval of the county assembly, by statutory order assign a name to the trading centre; define the boundaries of the trading centre; alter the boundaries of an
6 y trading centre; 4 The Elgeyo/Marakwet
y trading centre; 4 The Elgeyo/Marakwet County Trade (Licensing) and Markets Bill. 2016 Any trading centre declared as such pursuant to an prohibited in any goods or carry on any business specified in the leene Finance Act unless he or she is in possession of a trading to its members in the club premises; The E!gevo/Marakwet County Trade (Licensing) and Markets Bill, 2016 declare to be a tr
7 ade for which no trading licence is requ
ade for which no trading licence is required under this Act. IJnsLng Authority hawkers licence under this Act ApphcOtlon for made, on such form as may be prescribed, to the trudzngicme convicted may, in addition to any penalty that it may Gr~uri of trading on application made to it in the prescribed manner and on license payment of the appropriate fee specified in the Finance Act, grant t
8 o the applicant a trading licence. under
o the applicant a trading licence. under this section if it is satisfied that any of the terms and 6 The Elgeyo/Marakwet County Trade (Licensing) and Markets Bill, 2016 Any applicant who is aggrieved by the refusal of Cancellation or trade licence if it is satisfied that licences the conduct of the business is endangering the Duration of trading under this Act in respect of any year shall e
9 xpire on the 10. (1) Every holder of a t
xpire on the 10. (1) Every holder of a trading licence shall keep his Exhibilon of trading or her licence exhibited in a conspicuous place of his or her The Elgeyo/Marakwet County Trade (Licensing) and Markets Bill, 2016 11. (1) Any authorized officer, police officer, licensing of tradingauthority, or any person authorised in writing by the any premises in respect of which a trading licence
10 applies shall provide all necessary assi
applies shall provide all necessary assistance and furnish all or to a term of imprisonment not exceeding six months or gst maintain a register of trade licences which is to be available for inspection by the public during usual government office PART H HAWKERS LICENCE (1) No person shall act as a hawker unless he or Grant of hawkers The Elgeyo/Marakwet county Trade (Licensing) and Markets
11 Bill. 2016 she is in possession of a val
Bill. 2016 she is in possession of a valid hawkers licence granted to the kind of goods which may be hawked; (5) Except as provided for by law, no hawkers licence vegetables, eggs, fruit, victuals, firewood or The Elgeyo/Marakwet County Trade (Licensing) and Markets Bill, 2016 A licensing authority may refuse to grant a Owation of hawkers under this Act in respect of any year shall expire on
12 the licence thirty-first day of Decembe
the licence thirty-first day of December of that year. Hawkers licence not personal to the holder of the licence and shall not be transferable transferable. Production of granted to him or her under this Act shall carry his or her demand licence with him or her at all times while he or she is acting as a hawker, and shall produce the licence for inspection on PART IllTRAVELLING WHOLESALERS
13 (I) No person shall act as a travelling
(I) No person shall act as a travelling wholesaler Travelling unless he or she is in possession of a travelling wholesalers wholesalers licence licence granted to him or her for that purpose under this 10 The Elgeyo/Marakwet County Trade (Licensing,) and Markets Bill, 2016 A travelling wholesalers licence shall be in such such conditions as the licensing authority may deem fit to reverse or
14 modify the decision appealed against, an
modify the decision appealed against, and make Dwation licence granted in respect of any year shall expire on the wholesalers licence 31St day of December of that year. Travelling wholesalers servant licence employs a servant to act as a travelling wholesaler The Elgeyo/Marakwet County Trade (Licensing) and Markets Bill, 2016 11 licence shall be taken out in respect of each additional 20. Ev
15 ery person who holds a travelling wholes
ery person who holds a travelling wholesalers Prodtion of licence, including every servant of that person, shall carry wholesalers licence his or her licence with him or her at all times while he or ° ded she is acting as a travelling wholesaler, and shall produce issue '' licence granted under this Act has been lost or destroyed, licence the licensing authority which granted the licence shal
16 l, on Transfer of licence granted under
l, on Transfer of licence granted under this Act, except a hawkers or travelling in respect of the same trade; or 12 The Elgeyo/Marakwet County Trade (Licensing) and Markets Bill, 2016 PART IVESTABLISHMENT AND MANAGEMENT OF MARKETS The executive committee member may establish llslablislu, and and maintain markets and shall control and manage such PART V MISCELLANEOUS (1) The fees specifi
17 ed in Finance Act shall be Licencefccs,,
ed in Finance Act shall be Licencefccs,,narkct payable on the issue of a licence in respect of the various of the intention to do so The E!geyo/Marakwet County Trade (Licensing) and Markets Bill, 2016 effect on business; (9) Any fees or charges collected in respect of Exemption statutory order, and subject to such conditions, if any, as trades or any person or class of persons either gener
18 ally or Licences required under other Ac
ally or Licences required under other Acts entitle the holder of any licence granted under this Act to 14 licence is required by any written law for the time being in Ot'rnthrtlon of m4s; Provision of authority of any other county shall unless othersvise services acwss provided by law be valid for purposes of distribution of Genera clause for Any person who violates any provision of this Act
19 , savings Act (Cap. 265) and the County
, savings Act (Cap. 265) and the County Governments Public 265), and which has not 265) that was in force on The Elgeyo/Marakwel County Trade (Licensing) and Markets Bill, 2016 subsection (1) continues in force Regulations Regulations any specified kind of livestock within any established not exceeding twenty miles from 16 The E!geyo/Marakwet County Trade (Licensing) and Markets Bill, 20/
20 6 imposing and providing for the collect
6 imposing and providing for the collection of the amount and providing for the collection (0 fixing the days and the hours during each day on The Elgevo/Marakwet County Trade (Licensing) and Markets Bill, 2016 MEMORANDUM OF OBJECTS AND REASONS Article 209 (4) together with Part 2 of the Fourth Schedule of the (5) of the Constitution requires that taxation and other Chairperson, Finance and