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TOWN OF COMOX
BYLAW NO. 1762
A BYLAW TO ESTABLISH A SCHEME FOR INTER-COMMUNITY BUSINESS LICENSING
AND REGULATION 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-Community 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 Town of Comox in open meeting assembled, hereby
ENACTS AS FOLLOWS:
1.
Title
This Bylaw may be cited as the "Comox Inter-Community Business Licence Bylaw,
2013".
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'
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.
Town of Comox
Bylaw No. 1762 - Inter-Community Business Licence
Page 2
"Inter-Community
means a Business Licence which authorizes
Business Licence"
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.
"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"
means the following local governments that have
adopted the Inter-Community Business Licence
Bylaw:
City of Campbell River
City of Courtenay
City of Duncan
City of Nanaimo
City of Parksville
City of Port Alberni
District of North Cowichan
District of Lantzville
Town of Comox
Town of Lake Cowichan
Town of Ladysmith
Town of Qualicum Beach
Village of Cumberland
"Person"
has the meaning ascribed to it by the
Interpretation Act.
"Premises"
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 Premises,
or, where the licensee does not maintain a
Premises 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
Town of Comox
Bylaw No. 1762 - Inter-Community Business Licence
Page 3
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.
(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
Premises.
(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, premises or store shall obtain a separate
Municipal Business Licence for each branch, office, place, premises or store.
And further, notwithstanding Sections (b), (c), and (d), the Participating Municipalities
agree that where an applicant for an Inter-Community Business Licence:
i. does not maintain Premises in any of the Participating Municipalities, then
the applicant may apply at any one of them; or
ii. maintains a Premises in more than one of the Participating Municipalities,
the applicant must apply at one of the Participating Municipalities where
they maintain a Premises.
4.
Fees
(a) The fee for an Inter-Community Business Licence is $150 and shall be paid in full at
the time of application and will be 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 shall be issued on a standard form
provided for that purpose, as agreed upon from time to time by the
Participating Municipalities and including, as a minimum, the following information:
i.
Disclosing the nature and character of the profession, business, trade,
occupation, calling, undertaking or thing to be carried on, maintained, owned
or operated by the applicant;
ii.
Declaring the mailing address and contact information for such profession,
business, trade, occupation, calling, undertaking or thing;
iii.
Declaring the number of persons engaged or occupied in such profession,
business, trade, occupation, calling, undertaking or thing;
Town of Comox
Bylaw No. 1762 - Inter-Community Business Licence
Page 4
iv.
Disclosing the number of distinctive lines of goods sold or offered for sale;
v.
Including any other information concerning the profession, business, trade,
occupation, calling, undertaking or thing which the Participating Municipality
may require.
(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 weekly updates on a shared database 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.
(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.
Town of Comox
Bylaw No. 1762 - Inter-Community Business Licence
Page 5
7.
Miscellaneous
(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.
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.
(b)
An Inter-Community Business Licence issued prior to the effective date of the
withdrawal shall, until it expires, remain valid within the boundaries of the
withdrawing Municipality.
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.
9.
Effective Date:
This Bylaw shall come into full force and effect on the first day of January 2014.
10.
Adoption
READ A FIRST, SECOND and THIRD time this
6th day of November, 2013
ADOPTED this
4th day of December, 2013
"Paul Ives"
MAYOR
"Richard Kanigan"
CORPORATE OFFICER
Town of Comox
Bylaw No. 1762 - Inter-Community Business Licence
Page 6
SCHEDULE 'A'
EXCLUDED BUSINESSES
The following Business types are Excluded Businesses for the purposes of application
for an Inter-Community Business Licence under the Inter-Community Business Licence
Scheme set out in the bylaw:
1. Social escort services
2. Vehicles for hire (for example, taxis, limousines, or buses)
3. Body-rub services (which includes the manipulating, touching or stimulating by
any means, of a Person or part thereof, but does not include medical, therapeutic
or cosmetic massage treatment given by a person duly licensed or registered
under any statute of the Province of British Columbia governing such activities or
a therapeutic touch technique)