Business License Bylaw 2023, No. 5-007

Cache Creek, British Columbia · adopted 2023-01-01

This is the exact embedded text of the captured official document. Snapshot bf18b2dfde84 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 1 VILLAGE OF CACHE CREEK BUSINESS LICENSE BYLAW NO. 5-007, 2023 A BYLAW AUTHORIZING THE ISSUANCE OF BUSINESS LICENSES AND THE REGULATION OF BUSINESSES WITHIN THE VILLAGE OF CACHE CREEK WHEREAS the Community Charter authorizes a Council to enact a bylaw to regulate businesses within its boundaries; AND WHEREAS the Council of the Village of Cache Creek deems it necessary to provide for the regulaƟon of businesses within the Village of Cache Creek; NOW THEREFORE the Council of the Village of Cache Creek, in the Province of BriƟsh Columbia, hereby ENACTS AS FOLLOWS: 1. CITATION This Bylaw shall be cited for all purposes as "Village of Cache Creek Business License Bylaw No. 5- 007, 2023". 2. REPEAL The Village of Cache Creek Business License Bylaw No. 495 and all amendments thereto are hereby repealed in their enƟrety. 3. DEFINITIONS In this Bylaw: "Applicant" means any Person who makes applicaƟon for a Business License under the provisions of this bylaw. "Building Rental Business" means a Business for the purpose of renƟng or leasing, residenƟal, commercial or industrial or other real estate, where the Business has available for rent or lease, three (3) or more units. "Business" means the carrying on of a commercial or industrial undertaking of any kind or the providing of professional, personal or other services for the purpose of gain or profit whether only based within the Village of Cache Creek or actually operaƟng within the Village. This shall include subsidiary operaƟons which are a demonstrably integral part of the principal Business. Individually licensed businesses shall be differenƟated by type of business irrespecƟve of joint ownership or co-locaƟon. Business includes Home OccupaƟon. The locaƟon of a Business will be determined by the civic address given on the applicaƟon. "Business License" means a license issued to a Business pursuant to this bylaw for the operaƟon of an individual Business within the Village of Cache Creek. "Corporate Officer" means the Person duly appointed as such from Ɵme to Ɵme by the Council. Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 2 "Council" means the Council of the Village of Cache Creek. "Direct Sales" means solicitaƟon door to door, business to business, or by telephone, for the purpose of sales. This includes the posƟng of brochures/posters but does not include Mobile Vendor. "Highway" means a lane, street, road, bridge, sidewalk, viaduct and any other way open to the use of the public but does not include a private right-of-way on private land. "Home Occupation" means any Business carried on by a resident of a dwelling unit which is clearly incidental to the use of the dwelling unit for residenƟal purposes. Home OccupaƟon must conform to the relevant provisions of the Village of Cache Creek Zoning Bylaw and its amendments in force from Ɵme to Ɵme. "Indebtedness to the Village" means delinquent taxes, outstanding fines or fees. "Itinerant Show/Exhibition" means any show or exhibiƟon which displays for the public, invites the public to parƟcipate in, or entertains the public on a temporary basis only, on premises rented, leased or otherwise obtained for the purposes thereof, and to which the public is either generally invited or by private invitaƟon regardless of whether or not an admission fee is charged. "License Inspector" means the Corporate Officer, Deputy Corporate Officer, Bylaw enforcement Officer or other designate appointed by the Council for the purpose of administering this bylaw. "Mobile Vendors" means a vendor who sells goods, food or food products from a mobile vending unit which is capable of being moved and is fully self-contained. All provincial health approvals and permits are required and are the responsibility of the owner and/or operator to obtain. "Non-Profit" means a registered non-profit society that is incorporated and in good standing under the SocieƟes Act. "Peace Officer" means any member of the RCMP or any Bylaw Enforcement Officer appointed from Ɵme to Ɵme by the Village. "Person" means, in addiƟon to its usual connotaƟon, shall include a firm or partnership, associaƟon, company, society, body corporate, and the singular shall mean and include the plural, masculine, feminine and converse. "Village" means the Village of Cache Creek. The use of words signifying the masculine shall include the feminine. 4. License Required 4.1 Every person who owns or operates a business within the Village of Cache Creek shall apply for, obtain and hold a licence for each business. 4.2 Every person who operates a business at more than one premises, shall obtain a separate licence for each premises, whether or not the premises are located in the same building. Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 3 4.3 A person who operates more than one business at one premises, shall apply for and maintain a separate licence for each business. 4.4 Every person who carries on a business in the Village shall comply with all bylaws of the Village and all applicable laws, rules, codes, regulaƟons and orders of all Federal or Provincial authoriƟes having jurisdicƟon over such business. 4.5 No Person shall carry on a Business within the Village of Cache Creek without first having obtained and paid for a Business License pursuant to this bylaw with excepƟon to the following: (a) Non-Profit organizaƟon hosƟng ONE-TIME event for the purpose of fundraising for the community or providing a community service at the discreƟon of the Village. (b) Garage and yard sales at residenƟal premises. Such garage/yard sales shall be limited to two (2) sale days per year per residence in single and two-family residenƟal areas, or two sale days per building per year in mulƟple family areas. (c) Individual vendors that are part of an organized Farmers/Community Market OR Community Event that holds a valid license. 5. Compliance with Bylaws and Enactments 5.1 Where any Federal or Provincial Act or RegulaƟon or any other Village bylaw applies to any mater covered by this bylaw, the issuance of a Business License under the provisions of this bylaw shall not relieve the licensee from complying with the provisions of such enactments. The License Inspector may refuse to grant a license for a Business where the premises upon which the Applicant wishes to conduct the Business does not comply with the requirements of the Village's bylaws regulaƟng building, zoning, health, sanitaƟon and this bylaw. 6. ApplicaƟon 6.1 Every Person applying for a Business License shall complete a Business License ApplicaƟon (Schedule "B" to this Bylaw). The compleƟon and submission of said applicaƟon is not a Business License and does not grant any right to carry on the intended Business. The applicaƟon will be reviewed by the License Inspector for completeness and conformity of the proposed Business with Village bylaws. 7. Fire InspecƟon 7.1 Each business must complete and pass a Fire InspecƟon before the issuing of a business license and henceforth every 2 years. 7.2 The fees associated with the iniƟal Fire InspecƟon are the responsibility of the business owner, subsequent inspecƟons are provided free of charge by the Village. 7.3 If a business requires reinspecƟon aŌer failing an inspecƟon, the addiƟonal fees will be the responsibility of the business owners. Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 4 8. Fees 8.1 The fees payable for Business Licenses are those set forth in Schedule "A" of this Bylaw, as amended from Ɵme to Ɵme, and no license shall be issued unƟl the fee has been paid to the Village and the License Inspector has approved the granƟng of the license. 9. Separate License Premises 9.1 For the purpose of this bylaw, where a Business is carried on, in or from more than one premises, the Business carried on, in or from each premises shall be deemed a separate and disƟnct Business, except for a Building Rental Business, which may rent or lease suites from more than one premises under a single Business License. 10. Transfer 10.1 Business Licenses are not transferable. Should a business change ownership midway through a year, the new owner will be required to apply for a new license. 11. Display License 11.1 The Business License holder or Person in charge or control of the premises wherein the Business is carried on or pracƟced, shall at all Ɵmes keep the Business License prominently displayed in the sales or recepƟon area of the premises to which the public has access, or an area designated by the License Inspector. 12. NoƟfy Changes 12.1 Every holder of a Business License shall noƟfy the License Inspector of any change in the mailing and/or Business address, the classificaƟon of the Business, or any alteraƟon to the premises in which the Business is carried out, and upon the terminaƟon of the carrying on of the Business by the Business License holder, he/she shall noƟfy the License Inspector that the Business License is no longer required and shall surrender the Business License to the License Inspector. 13. QualificaƟon CerƟficate 13.1 Any Person applying for a Business License for any Business governed by any Federal or Provincial statute shall supply proof to the License Inspector of his/her qualificaƟons or of the qualificaƟon of his/her employees to carry on such a Business at the Ɵme of applicaƟon. 14. License Period 14.1 Business Licenses shall be granted for a one-year period, to commence on the first day of January and to terminate on the thirty-first day of December in each and every year. 14.2 Business License holders are required to renew their Business License by submiƫng the required fee prior to February 15th each year. Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 5 15. GranƟng and Suspension 15.1 The License Inspector may grant a Business License where he is saƟsfied that the Applicant has complied with all the requirements of the bylaws of the Village, and may suspend, for such a period as he may determine, any Business License if the holder of the Business License: a) failure by a licensee to comply with a term or condiƟon of the licence; b) failure by a licensee to comply with this Bylaw; or c) reasonable cause, including indebtedness to the Village. provided that the License Inspector has, before the suspension or cancellaƟon, given the licensee noƟce of the proposed suspension or cancellaƟon and an opportunity to be heard. Any Person whose Business License has been suspended under this secƟon may appeal in wriƟng to the CAO of the Village. 15.2 The suspension of a Business License by the License Inspector shall be made by noƟce in wriƟng signed by the License Inspector and served on the Person holding such Business License or delivered to the holder of such Business License by registered mail to the address given by the licensee on the Business License ApplicaƟon. A noƟce of such suspension of the Business License may be posted by the License Inspector upon the premises for which the Business License was issued and such noƟce shall not be removed unƟl the Business License is reinstated, the former licensee ceases to occupy the premises, or a new business other than the one carried on by the former licensee is started in the premises, whichever first occurs. 16. Family, Group Day Care and Community Care FaciliƟes 16.1 Applicants under this category must provide verificaƟon that they are licensed pursuant to all relevant Provincial and Federal statutes. 17. Taxicab, Limousine and Bus Service 17.1 Upon applicaƟon, taxicab, limousine and bus operators will be issued one Business License for their Business. Each vehicle operated by the Business must comply with all provincial legislaƟon. 17.2 Every Business operaƟng a taxicab, limousine or bus in the Village shall operate from an established place of business. 17.3 Every Applicant for a Business License to operate a taxicab, limousine or bus Business shall furnish at the Ɵme of applicaƟon, the name(s) of the owner(s) of the vehicle(s) which will operate under the Business License and the motor vehicle license number of all such vehicles. 18. Tow Trucks 18.1 No Person shall operate a vehicle as a tow truck unless the operator has produced to the License Inspector proof that the vehicle and any driver thereof is covered by an Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 6 Insurance Policy for Public Liability in an amount of at least two million dollars ($2,000,000.00). 19. Tow Truck Compounds 19.1 All Persons carrying on the Business of operaƟng tow trucks or maintaining compounds for the storage of vehicles towed to those compounds by tow trucks shall ensure that the premises conform to the storage and screening requirements of the Village of Cache Creek Zoning Bylaw. 20. Mobile Vendors 20.1 Mobile vendors are permited to use Village property with writen permission. A site plan is required upon business license submission. 20.2 Mobile vendors proposing to locate on Village property are required to provide proof of comprehensive public liability insurance and property damage insurance providing coverage of at least $2,000,000 and including the Village of Cache Creek as an addiƟonal insured. 20.3 Mobile vendors proposing to locate on privately owned properƟes must submit writen authorizaƟon from the property owner that they have approved the site locaƟon. 20.4 Mobile vendors must conform to applicable zoning for the property on which they will be located. 21. Use of Highways and Parks 21.1 No Person shall offer for sale any goods or merchandise on Highways or in a Park within the boundaries of the Village of Cache Creek without a license. 22. Special Events 22.1 Special Events may, with writen permission, allow mulƟple vendors to do business in a Park or on Highways without a Business License for one-Ɵme events. 23. Enforcement 23.1 A Peace Officer, Bylaw Enforcement Officer or designate and any other person duly authorized by the Municipality may enter onto any property at any reasonable Ɵme to ascertain whether the provisions of this Bylaw are being observed and is authorized and may apply a penalty in accordance with secƟon 24 if deemed necessary. 24. Offences and PenalƟes 24.1 Any person who contravenes any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravenƟon of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence against this Bylaw and is subject to: Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 7 (a) a fine in accordance with Village of Cache Creek Bylaw NoƟce Enforcement Bylaw if informaƟon respecƟng the infracƟon is laid by means of a Ɵcket; or (b) upon summary convicƟon, a fine not exceeding $2,000.00 and the costs of prosecuƟon. 25. Severability 25.1 If any secƟon, subsecƟon, clause, or phrase of this bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdicƟon, the decision shall not affect the validity of the remaining porƟons of this bylaw. 26. Schedule "A" 26.1 Schedule "A", Business License Fees is atached to, and forms part of this Bylaw. 27. Schedule "B" 27.1 Schedule "B", Business License ApplicaƟon Requirements is atached to, and forms part of this Bylaw. READ A FIRST TIME THE 4th DAY OF DECEMBER, 2023 READ A SECOND TIME THE 4th DAY OF DECEMBER, 2023 READ A THIRD TIME THE 4th DAY OF DECEMBER, 2023 ADOPTED THE 18th DAY OF DECEMBER, 2023 _____________________________ ____________________________ P.A. John Ranta Damian Couture Mayor Chief AdministraƟve Officer I hereby cerƟfy that this is a true copy of "The Village of Cache Creek Business License Bylaw No. 5-007, 2023" as ADOPTED this 18th Day of December , 2023. Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 8 VILLAGE OF CACHE CREEK BUSINESS LICENSE BYLAW NO. 5-007, 2023 Schedule "A" Business Licence Categories and Fees Payable 1 Home OccupaƟon 50.00 2 Real Estate/Home Sales 150.00 3 Short Term AccommodaƟons (Hotels, Motels, Inns, Campground) 200.00 4 Temporary AccommodaƟons (AirBnB, Monthly Rentals) 50.00 5 AutomoƟve Services (Sales, Service, Auto Wrecker, etc.) 150.00 6 Liquor/Food Service/Restaurants 150.00 7 Mobile Vendors 150.00 8 Manufacturing/Financial OperaƟons 400.00 9 Direct Sales/IƟnerant Show 100.00 10 Business Services (Retail, Fuel, Storage, TransportaƟon, etc.) 100.00 11 Equip. Sales/FabricaƟng/ConstrucƟon 150.00 12 Professional Services (Trades, Contractors, Movers, etc.) 100.00 13 Cannabis Industry 400.00 14 Community Events/Markets FREE Village of Cache Creek Business License Bylaw No. 5-007, 2023 Page | 9 VILLAGE OF CACHE CREEK BUSINESS LICENSE BYLAW NO. 5-007, 2023 Schedule "B" Business License ApplicaƟon Requirements For the purposes of bylaw administraƟon the following mandatory informaƟon will be collected for all applicaƟons. The Village will collect this informaƟon via methods deemed appropriate at the Ɵme and may collect addiƟonal informaƟon if necessary. The current version of this applicaƟon form will be available at the Village of Cache Creek Office. The informaƟon required for all applicaƟons will be: Applicant Name ApplicaƟon Date Business Physical Address Business Mailing Address Phone Number Business Type Goods Offered Trade Name Signature