Inter-Community Business Licence Bylaw

Colwood, British Columbia

This is the exact embedded text of the captured official document. Snapshot 7a88f3922e09 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF COLWOOD BYLAW NO. 1813 A BYLAW TO ESTABLISH A SCHEME FOR INTER-COMMUNITY LICENCING AND REGULATING OF TRADES, OCCUPATIONS, AND BUSINESSES WHEREAS Council may, pursuant to Section 8(6) of the Community Charter, regulate in relation to business; AND WHEREAS pursuant to Section 14 of the Community Charter, two or more municipalities may, by bylaw adopted by the Council of each participating municipality, establish an inter- municipal scheme in relation to one or more matters; AND WHEREAS pursuant to Section 15(1) of the Community Charter, Council may provide terms and conditions that may be imposed for obtaining, continuing to hold or renewing a Licence, permit or approval and specify the nature of the terms and conditions and who may impose them; NOW THEREFORE the Council of the City of Colwood in open meeting assembled hereby enacts as follows: 1. CITATION This bylaw may be cited as City of Colwood "Inter-Community Business Licence Bylaw No. 1813, 2020." 2. DEFINITIONS In this bylaw, unless the context otherwise requires, "Business" has the meaning as defined by the "Community Charter Schedule - Definitions and Rules of Interpretation". "Excluded Business" means a Business excluded from application for an Inter-Community Business Licence and includes those Businesses referred to in Schedule A as 'excluded businesses' attached hereto and forming part of this bylaw. "Inter-Community Business" means a Business that performs a service or activity within more than one Participating Municipality by moving from client to client rather than having clients come to them. This includes but is not limited to trades, plumbers, electricians, cleaning services, pest control or other similar businesses. This does not include fruit stands, flea markets, trade shows or other similar businesses. BYLAW NO. 1813, 2020 Page 2 of 7 "Inter-Community Business Licence" means a business Licence which authorizes an Inter- Community Business to be carried on within the boundaries of any or all of the Participating Municipalities in accordance with this Bylaw and will be in addition to a Municipal Business Licence. "Mobile Business Registry (MBR)" means the shared database of mobile business Licences administered by the Small Business Branch of the Ministry of Jobs, Trade and Technology. "Municipal Business Licence" means a Licence or permit, other than an Inter-Community Business Licence, issued by a Participating Municipality that authorizes a Business to be carried on within the jurisdictional boundaries of that Participating Municipality. "Participating Municipality (Inter-Community)" means any Vancouver Island local government that has adopted this Inter-Community Business Licence Bylaw and any other Vancouver Island municipalities that adopt the bylaw at a later date. "Person" has the meaning ascribed to it by the Interpretation Act. "Premise" means a fixed or permanent location where the applicant ordinarily carries on Business. "Principal Municipality" means the Participating Municipality where a Business is physically located, or has a Premise, or, where the Licencee does not maintain a Premise in any of the Participating Municipalities, the municipality that issues the Inter-Community Business Licence. 3. REGULATIONS a) Subject to Section (c) and (e), a person who has obtained an Inter-Community Business Licence may carry on business within a Participating Municipality for the term authorized by the Inter-Community Business Licence without obtaining a Municipal Business Licence in the other Participating Municipalities. b) A Participating Municipality may issue an Inter-Community Business Licence to an applicant for an Inter-Community Business Licence provided the business type is an Inter- Community Business and is not an Excluded Business, the applicant has a valid Municipal Business Licence issued by that Participating Municipality, and the applicant meets the requirements of this Bylaw. c) A person holding an Inter-Community Business Licence must comply with all other regulations and bylaws of the Participating Municipality in which they are carrying on business. BYLAW NO. 1813, 2020 Page 3 of 7 d) A business that operates under an Inter-Community Business Licence in more than one Participating Municipality shall only apply for an Inter-Community Business Licence from the Participating Municipality in which they maintain a Premise. e) Notwithstanding the issuance of an Inter Community Business Licence, every person who carries on, maintains, owns or operates, within a Participating Municipality, any profession, business, trade, occupation, calling, undertaking or thing in or from more than one branch, office, place, premise or store shall obtain a separate Municipal Business Licence for each branch, office, place, premise or store. f) And further notwithstanding Sections (b), (c), and (d), the Participating Municipalities agree that where an applicant for an Inter-Community Business Licence maintains a Premise in more than one of the Participating Municipalities, the applicant must apply at one of the Participating Municipalities where they maintain a Premise. 4. FEES a) The fee for an Inter-Community Business Licence shall be paid in full at the time of application and retained by the Participating Municipality that issues the Licence. b) The fee for an Inter-Community Business Licence is separate and additional to any Municipal Business Licence fee that may be required. 5. APPLICATION a) Every Inter-Community Business Licence application shall be made on the form or forms prescribed from time to time by the City of Colwood's Licence Inspector. b) Each Participating Municipality shall provide to all other Participating Municipalities standardized information regarding the Inter-Community Business Licences issued by way of at least annual updates on the Mobile Business Registry (MBR) available to all Participating Municipalities. 6. SUSPENSION OR CANCELLATION OF AN INTER-COMMUNITY BUSINESS LICENCE a) A Council or Designated Officer or Employee of a Participating Municipality may exercise the authority of the Principal Municipality in accordance with Sections 15 and 60 of the Community Charter to suspend or cancel an Inter-Community Business Licence. The suspension or cancellation shall be in effect throughout all of the Participating Municipalities and it shall be unlawful for the holder to carry on the Business authorized by the Inter-Community Business Licence in any Participating Municipalities for the period of the suspension or cancellation. BYLAW NO. 1813, 2020 Page 4 of 7 b) Before suspending or canceling an Inter-Community Business Licence under Section 6(a), the Participating Municipality must give the Licence holder notice of the proposed action and must inform the Licence holder of their right to be heard. i. If the Licence holder wishes to exercise this right, the Participating Municipality shall communicate in writing to the Licence holder and Principal Municipality that issued the Inter-Community Business Licence, together with such documentary evidence of the reasons for suspension or cancellation as may be available and the request to be heard. Such Principal Municipality shall then as soon thereafter as reasonably possible provide the Licence Holder an opportunity to address their respective Council who will then consider whether to suspend or cancel the Inter-Community Business Licence. ii. If the Licence holder does not exercise their right to be heard, the Participating Municipality may suspend or cancel the Inter-Community Business Licence in accordance with Section 6(a). c) Any conduct by a Licence holder resulting in a hearing made under Section 6(b)(i) shall be considered by the Council of the Principal Municipality as though it happened within the jurisdiction of the Principal Municipality. d) A decision by a Principal Municipality or Participating Municipality to cancel or suspend an Inter-Community Business Licence under Section 6 (b) shall be honoured by all Participating Municipalities. e) Nothing in this Bylaw impedes the authority of a Participating Municipality to suspend or cancel any business Licence issued by that Municipality, or to enact regulations in respect of any class of Business Licence in accordance with Section 15 of the Community Charter and amendments thereto. 7. PROCEDURES FOR WITHDRAWAL a) A Participating Municipality may, by notice in writing to each of the other Participating Municipalities, withdraw from the Inter-Community Business Licence scheme established by this bylaw. b) Notice Must: i. Set out the date on which the withdrawing Municipality will no longer recognize the validity within its boundaries of business Licences issued pursuant to this Bylaw, which date must be at least six months from the date of the notice; and ii. Include a certified copy of the Bylaw authorizing the withdrawal. BYLAW NO. 1813, 2020 Page 5 of 7 c) An Inter-Community Business Licence issued prior to the effective date of the withdrawal shall, remain valid within the boundaries of the withdrawing Municipality for the remainder of the calendar year. 8. SEVERABILITY a) If any section, paragraph or phrase in this bylaw is for any reason held to be invalid by a decision of a Court of competent jurisdiction, that portion shall be severed and the remainder of this bylaw shall continue in full force and effect. READ A FIRST TIME on this the 25th day of May, 2020. READ A SECOND TIME on this the 25th day of May, 2020. READ A THIRD TIME on this the 25th day of May, 2020. ADOPTED BY THE MUNICIPAL COUNCIL OF THE CITY OF COLWOOD on this the 22nd day of June, 2020. Rob Martin, Mayor Selina Williams, Corporate Officer BYLAW NO. 1813, 2020 Page 6 of 7 SCHEDULE A The following business are not eligible for an Inter-Community Business Licence under the Inter Community Business Licence Scheme, and shall be considered to be "Excluded Business": 1) Body-rub services (which includes the manipulating, touching or stimulating by any means, of a Person or part thereof, but does not include a therapeutic massage treatment) 2) Cannabis related businesses (a business which involves the sale of cannabis) 3) Food trucks and comparable mobile vendors 4) Social escort services 5) Vehicles for hire (for example, taxis, ride-sharing services, limousines, or buses) 6) Fruit stands 7) Flea markets 8) Trade shows, concession stands, or other similar businesses DEFINITIONS In this schedule, "Body Rub" means one or more of the following: kneading, manipulating, rubbing, massaging, touching, or stimulating by any means, of a person's body or any part thereof. Excludes medical or therapeutic treatment given by a qualified registered professional. "Cannabis" means cannabis as defined in the Controlled Drugs and Substances Act and includes any products containing cannabis. "Food Truck" means an outdoor vehicle not permanently affixed to the ground and capable of being moved on a daily basis, from which food intended for consumption is provided for sale or sold, and includes a motorized, self-propelled vehicle (i.e. food truck), a vehicle that is not self- propelled, but can be towed (i.e. food trailer) and a vehicle moved by human exertion (i.e. food cart). "Qualified Registered Professional" means the following: - A Registered Massage Therapist (RMT) who is in good standing with the Registered Massage Therapists' Association of BC British Columbia. "Ride Sharing" means an arrangement in which a passenger travels in a private vehicle driven by its owner, for free for a fee, especially as arranged by means of a website or app. BYLAW NO. 1813, 2020 Page 7 of 7 "Social Escort" means a person or persons that provides escorts for clients, usually for erotic services. Services may be provided within a private residence, hotel or social event for payment in the form of a fee, goods, or professional services. This excludes a security operative who accompanies clients for their personal protection (safety escort service). "Therapeutic Massage" means massage services performed by a qualified registered professional. "Trade shows, concession stands, or other similar businesses" means a business where goods or services are sold from fixed or semi-fixed locations where customers come to them. "Vehicles for hire" means taxi, buses, limousines, and other ride-sharing services.