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City of Coquitlam
BYLAW
BYLAW NO. 4344, 2013
Consolidated with amendments in Bylaws: (1) 4508, 2014; (2) 5004, 2019; (3) 5075, 2020; (4)
5122, 2021; (5) 5166, 2021
NOTE: This is a consolidation for convenience purposes only and does not have the force of law.
A bylaw to provide for the licensing and regulation of businesses in the City of Coquitlam
WHEREAS:
A.
Council for the City of Coquitlam (the "City") is authorized pursuant to the Community
Charter to regulate in respect of businesses and to provide for a system of licences, permits
and approvals;
B.
Council has previously enacted City of Coquitlam Business Licence Bylaw No. 3882, 2007
and wishes to repeal and replace it; and
C.
Council has provided for an opportunity for persons who consider they are affected by this
bylaw to make representations to Council pursuant to section 59 of the Community Charter.
NOW THEREFORE, the Council of the City of Coquitlam, in open meeting lawfully assembled,
ENACTS AS FOLLOWS:
PART 1--General Provisions
1.
Name of Bylaw
1.1.
This bylaw may be cited for all purposes as the "Business Licence Bylaw No. 4344, 2013."
2.
Commencement and Repeal
2.1.
This bylaw shall come into force and effect on May 1, 2014.
2.2.
Upon commencement of this bylaw, City of Coquitlam Business Licence Bylaw No. 3882,
2007 is repealed in its entirety.
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PART 2--Interpretation
3.
Definitions
3.1.
In this bylaw, the following words have the following meanings:
ADULT ENTERTAINMENT USE means the use of any premises to sell, offer for sale, rent, offer for
rent, use or show an object, commodity, good, material, device, machine, service or entertainment
that is designed or intended to be used in, or is a depiction of, a sexual act as defined in the
Motion Picture Act Regulations (B.C.), other than a contraceptive device.
ADULT VIDEO STORE means any premises used as an adult film retailer under the Motion Picture
Act (B.C.), where adult motion pictures or videos or films are available for sale, rental or use.
AIR FILTRATION SYSTEM means any equipment that filters air to prevent the escape of odours
associated with cannabis plant material to the outdoors from within a cannabis production-
processing business.
AIR QUALITY MANAGEMENT PLAN means a plan prepared by a qualified technician that outlines:
(a)
the effectiveness of the current air filtration system;
(b)
measures to improve the effectiveness of the current air filtration system; and
(c)
the expected relative effectiveness of the air filtration system if the measures in (b) are
undertaken.
APPLICANT SUGGESTED SITE means a space located on City property upon which a street vendor is
proposing to operate a street vending cart or street vending vehicle.
AUTHORIZED IDENTIFICATION means any one or more of the following:
(a)
a valid driver's licence containing a photograph of the bearer, issued by the government
of a province or territory of Canada or a state of the United States of America;
(b)
a valid identification card, issued by the government of a province or territory of Canada
within five years of the date it is produced by the bearer as evidence of identification;
(c)
a valid passport, issued by the government of Canada;
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(d)
valid passport containing a photograph of the bearer, issued by a government of a
foreign state recognized by Canada;
(e)
any other form of valid provincial or federal identification containing a photograph of
the bearer, including a Certificate of Indian Status or a Certificate of Canadian
citizenship.
ATM means a machine that permits a customer to access and use one or more financial services
customarily provided by a financial institution, including, without limitation, the dispensation of
money.
AUTOMATIC VENDING MACHINE means any machine or device that:
(a)
is operated by the insertion of a coin, token, currency, credit card or bank card; and
(b)
sells or dispenses goods or services of any kind, including, without limitation, food,
beverages, music, recreation or amusement,
but excludes an ATM.
BODYWORK means the work performed by a bodyworker.
BODYWORKER means a person who:
(a)
is a member in good standing of the Natural Health Practitioners of Canada or the
Canadian Shiatsu Society of British Columbia;
(b)
has completed a course recognized by the Natural Health Practitioners of Canada or the
Canadian Shiatsu Society of British Columbia that requires at least 300 hours to
complete, with at least half of those hours being classroom hours; and
(c)
does not engage in the touching of areola, genitals or anus of a client.
BUSINESS LICENCE means a licence other than a portable vending licence or special event licence
granted to a person under this bylaw.
CANNABIS has the same definition as in the Cannabis Act (Canada).
CANNABIS PRODUCTION - PROCESSING BUSINESS means the production, processing, or production
and processing, of cannabis or cannabis products, which may include one or more of growing,
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cultivating, wholesaling, storing, distributing, manufacturing, testing, researching, and other
related operations, but excludes Cannabis Retail Businesses.
CANNABIS RETAIL BUSINESS means the sale of cannabis, including any products containing
cannabis, for personal use.
CITY means the City of Coquitlam.
CITY PROPERTY means any real property owned, controlled or vested in the City, and includes a
highway.
CONTRACTOR means a person who carries on the business of performing work to, in, on or upon
an improvement, or of placing or furnishing materials to, on or upon an improvement, or both.
EMPLOYEE means a person engaged in a business for remuneration and includes, without
limitation, a proprietor, owner, partner, principal, joint venturer, director, officer, and
independent contractor.
ENFORCEMENT OFFICER includes:
(a)
every member of the Royal Canadian Mounted Police responsible for the policing of the
City; and
(b)
every Licence Inspector.
EVENT ORGANIZER means a person who has applied for or been granted a special event licence.
FEES AND CHARGES BYLAW means the Fees and Charges Bylaw in effect in the City, as amended or
replaced from time to time;
FINANCIAL INSTITUTION means a business that provides personal or commercial financial services
including accepting deposits, investing money and lending money, and includes a bank, credit
union, trust company, and cheque cashing operations but excludes persons providing only
mortgage brokerage services.
GOLF COURSE includes driving ranges and golf training academies.
IMPROVEMENT includes anything made, constructed, erected, built, altered, repaired or added to,
in, on, upon or under land, or intended to become part thereof, and includes clearing, excavating,
digging, drilling, tunneling, filling, grading, ditching.
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LICENCE means a valid and subsisting licence issued pursuant to this bylaw.
LICENSEE means a person to whom a current licence has been issued under this bylaw.
LICENCE INSPECTOR means a person appointed by the City as a Property Use Supervisor, Property
Use Inspector, Bylaw Inspector, or Licence Inspector.
LIVING UNIT RENTAL means the business of renting or leasing short or long-term accommodation
or lodging in four or more units, but excludes bed and breakfast accommodation.
MANUFACTURER means the business of assembling, fabricating, processing, altering or finishing
any goods.
MASSAGE PARLOUR means a business that will offer massage and body rub services, or either of
them, to be performed by one or more individuals who are not registered massage therapists in
the Province of British Columbia and who are not bodyworkers.
MOBILE VENDING LICENCE means a licence granted to a mobile vendor under this bylaw.
MOBILE VENDING VEHICLE means a vehicle, bicycle, or other conveyance used by a mobile vendor;
MOBILE VENDOR means a person who either on their own account or as agent, servant or
employee of another, sells or offers for sale goods, wares, merchandise or foodstuffs from a
motor vehicle, bicycle, pushcart or other self-contained unit that is designed to be mobile when
not serving customers.
NIGHTCLUB includes any premises for which a liquor-primary licence under the Liquor Control and
Licensing Act (B.C.) is required such as a cabaret, bar or lounge, but excludes a public house.
PERSONAL GROOMING SERVICES include the provision of cosmetic or aesthetic services such as
hair cutting and styling, tanning, skin treatments, and nail services.
PET STORE means any business that sells or offers for sale animals.
PORTABLE VENDING BUSINESS means a business that is carried out entirely from a motorized or
human powered vehicle, bicycle, pushcart, vending cart, vending vehicle, or other unit that is
designed to be mobile, whereby the entire stock of goods, wares, merchandise or foodstuffs
offered for sale is actually carried and contained in the unit at the time the said goods, wares,
merchandise or foodstuffs are offered for sale, and includes, without limitation:
(i) the carrying on of a business as a street vendor; and
(ii) the carrying on of a business as a mobile vendor
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PORTABLE VENDING LICENCE means a street vending licence or a mobile vending licence granted
under this bylaw.
PREMISES includes a unit.
PROFESSIONAL means any person engaged in the business of performing or offering to perform
the services of a profession that is subject to occupational regulation by an enactment of the
Province of British Columbia, including those professions that are subject to a self-regulating
college or authority, and includes persons subject to any of the following enactments:
Accountants (Certified General) Act, Accountants (Chartered) Act, Accountants (Management Act),
Agrologists Act, Applied Science Technologists and Technicians Act, Architects Act, Architects
(Landscape) Act, Building Officials' Association Act, College of Applied Biology Act, Cremation,
Interment and Funeral Services Act, Engineers and Geoscientists Act, Financial Institutions Act,
Foresters Act, Health Professions Act, Land Surveyors Act, Legal Profession Act, Mortgage Brokers Act,
Music Teachers (Registered) Act, Notaries Act, Real Estate Services Act, Securities Act, Security
Services Act, Teachers Act, Veterinarians Act.
QUALIFIED TECHNICIAN means any person engaged in the business of performing or offering to
perform the services of a profession that is subject to the Applied Science Technologists and
Technicians Act or the Engineers and Geoscientists Act.
RECREATION/ENTERTAINMENT/HEALTH/WELLNESS FACILITIES OR SERVICES include facilities and
service providers that offer instruction, equipment or space to engage in athletic, social or other
recreational activities, and facilities at which artistic, cultural, sporting or other shows,
productions, demonstrations, events or games take place, unless otherwise specified in this
bylaw.
RENTAL VEHICLE means the business of offering for rent or lease self-driven or self-towed motor
vehicles, recreational vehicles, trailers, boats or other similar means for transporting or
temporarily housing people.
SPECIAL EVENT means a circus, concert, temporary amusement park, show, farmers market,
cultural festival or other itinerant show or entertainment on City property for which a valid
facility use licence has been granted by the City.
SPECIAL EVENT LICENCE means a licence granted to an event organizer to operate a special event
under this bylaw.
SPECIAL EVENT VENDOR means a person who, either on their own account or as an officer, servant,
or agent of another, sells or offers for sale goods or services at a special event.
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STREET AND TRAFFIC BYLAW means the Street and Traffic Bylaw in effect in the City, as amended
or replaced from time to time.
STREET VENDING CART means a self-contained mobile apparatus or other non-motorized vehicle,
excluding a vending vehicle, used for the sale of goods, wares, merchandise or foodstuffs, that
remains stationary, even when not serving customers.
STREET VENDING LICENCE means a licence granted to street vendor under this bylaw.
STREET VENDING LICENCE OF OCCUPATION AGREEMENT means a licence of occupation agreement
between a street vendor and the City for use and occupation of City property for street vending
purposes.
STREET VENDING VEHICLE means a self-contained motorized vehicle used for the sale of goods,
wares, merchandise or foodstuffs, that remains stationary, even when not serving customers.
STREET VENDOR means a person who, either on their own account or as an officer, servant, or
agent of another, sells or offers for sale goods, wares, merchandise or foodstuffs, excluding
alcohol, cannabis, cigarettes or other tobacco products, or any products designed to be smoked,
from a street vending cart or street vending vehicle.
TOBACCO has the same definition as in the Tobacco and Vape Products Control Act (BC) as
amended from time to time.
TOBACCO OR VAPOUR PRODUCT STORE means a business selling or offering for sale exclusively or
primarily tobacco products, vapour products, or a combination of both.
UNIT means any vehicle, cart, wagon, trailer or other thing from which goods, wares, merchandise
or foodstuffs are sold or offered for sale, and includes a street vending cart, street vending vehicle
and mobile vending vehicle.
VAPOUR PRODUCT has the same definition as in the Tobacco and Vape Products Control Act (BC) as
amended from time to time.
WAREHOUSE means a business, the primary purpose of which is the warehousing, storage,
repackaging or distribution of goods and merchandise on behalf of one or more specific
businesses, at or from premises where no sales occur.
ZONING BYLAW means the Zoning Bylaw in effect in the City, as amended or replaced from time
to time.
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4.
Interpretation
4.1.
For clarity, use of a defined term to describe a business under this bylaw does not limit,
expand or otherwise affect interpretation of that activity or use for the purposes of other
City bylaws including, without limitation, the Zoning Bylaw.
4.2.
Reference to a federal, provincial or municipal enactment and any regulations adopted
under that enactment, means those enactments and regulations as amended or replaced
from time to time.
4.3.
If any portion of this bylaw is held invalid by a court of competent jurisdiction, then the
invalid portion must be severed and the remainder of this bylaw is deemed to have been
adopted without the severed portion.
PART 3--Licences
5.
Licence Requirements
5.1.
No person may carry on a business in the City without a valid and subsisting licence in
respect of that business.
5.2.
Every person who carries on a business at more than one premises in the City must apply
for and maintain a separate licence in respect of each premises.
5.3.
Every person who carries on more than one business at one premises must apply for and
maintain a separate licence in respect of each business.
6.
Licence Exemptions
6.1.
Despite section 5.1, the holder of a valid mobile vending licence, street vending licence,
special event licence granted under this bylaw or a valid licence granted under the Vehicle
for Hire Bylaw No. 4540, 2015, as amended or replaced from time to time, is not required
to hold a business licence under this bylaw.
7.
Licence Application
7.1.
Every application for a licence under this bylaw must:
(a)
be made in the form provided by the Licence Inspector for that purpose;
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(b)
be signed by the owner of the business, event organizer or their or its duly
authorized agent;
(c)
contain a true and accurate description of the business or special event, including:
(1)
the nature of the business operation or special event;
(2)
a description of the business premises, including its civic address;
(3)
in the case of a special event, its proposed time and location;
(4)
in the case of special event, a list of every special event vendor that is
proposing to carry on business at the special event;
(5)
any other information the Licence Inspector may require with respect to
the operation of the business and its premises or the special event; and
(d)
be accompanied by payment of the licence fee set out in the Fees and Charges
Bylaw for that business.
(e)
Notwithstanding paragraph (d), every applicant for a street vending licence on City
property, other than an applicant for a street vending licence on an applicant
suggested site, must, at the time of entering into a street vending licence of
occupation agreement, pay to the City the appropriate fee set out the in the Fees
and Charges Bylaw.
(f)
The Licence Inspector may prorate the street vending licence fee payable by an
applicant under the Fees and Charges Bylaw for a street vending licence on City
property relative to the length of the licence period, determined in number of
months, identified in a valid street vending licence of occupation agreement.
7.2.
The Licence Inspector may inspect all premises and vehicles an applicant proposes to use
in furtherance of their or its business or special event, and may require that the premises
and vehicles be inspected by one or more other City officials, including a building
inspector, plumbing inspector, or fire prevention officer, by the Chief of Police, or by an
officer of the health authority.
7.3.
All applications for a special event must be submitted to the Licence Inspector at least
thirty (30) days before the date the special event is proposed to be held.
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8.
Form of Licence
8.1.
A licence issued under this bylaw authorizes the licensee to carry on the business or
special event named and described in the licence in a lawful manner for the period or
periods and at the premises specified in the licence, subject to the terms and conditions
set out in this bylaw and in the licence.
8.2.
Licences issued under this bylaw will be made out in duplicate and one copy will be given
to the owner of the subject business or the event organizer.
9.
Licence Periods
9.1.
Unless otherwise stated in this bylaw or a street vending licence of occupation agreement,
licences are valid for a period of one calendar year commencing on the earlier of the date
on which the licensee commenced carrying on the business in the City, or the date on
which a licence is issued for that business.
9.2.
All special event licences granted under this bylaw will be granted on a time-limited basis
according to the terms of the special event licence granted by the City.
9.3.
A street vending licence on private property granted under this bylaw may be granted on
a daily basis.
10.
Inspections
10.1.
Every applicant and every licensee must:
(a)
permit reasonable access by the Licence Inspector to any premises or vehicle for
which a licence is sought or has been granted; and
(b)
provide such business-related information as the Licence Inspector may
reasonably request,
for the purposes of ensuring that the requirements of this or another City bylaw are being
fulfilled.
11.
Granting, Refusing, Suspending and Cancelling Licences
11.1.
Council hereby authorizes the Licence Inspector to grant, refuse, suspend and cancel
licences under this bylaw.
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11.2.
The Licence Inspector may grant a licence if they are satisfied that the applicant has
satisfied the requirements of this and all other applicable City bylaws.
11.3.
It is a term and condition of every licence issued under this bylaw that the business must
be carried on in strict compliance with all applicable City bylaws and federal and
provincial enactments.
11.4.
The Licence Inspector may grant a licence on terms and conditions including any one or
more of the following:
(a)
that the licensee comply with a particular provision of a City bylaw or other
enactment within a specified period of time, and provide evidence satisfactory to
the Licence Inspector of that compliance;
(b)
the duration of the licence;
(c)
the hours of operation of the business or special event;
(d)
the maximum number of customers, patrons or occupants permitted at the
business premises; and
(e)
other terms and conditions that the Licence Inspector reasonably considers
necessary or desirable to ensure compliance with this bylaw or another
enactment.
11.5.
The Licence Inspector may refuse, suspend or cancel a licence for reasonable cause upon
the provision of written reasons for the refusal, suspension or cancellation.
11.6.
Without limiting what constitutes reasonable cause for the refusal, suspension or
cancellation of a licence, the following may constitute reasonable cause:
(a)
the applicant or licensee fails to comply with this bylaw;
(b)
the licensee fails to comply with a term or condition of a licence;
(c)
the licensee is convicted of an offence in Canada that, in the opinion of the Licence
Inspector, directly relates to the business;
(d)
the licensee violates any City bylaw in respect of the business, the business
premises or special event;
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(e)
the licensee ceases to meet the lawful requirements to carry on the business or
special event;
(f)
the licensee has engaged in misconduct in respect of the business, the business
premises or special event which, in the opinion of the Licence Inspector, warrants
the suspension or cancellation of the licence.
11.7.
Without limiting the generality of section 11.6, when exercising the authority to refuse,
suspend or cancel a licence the Licence Inspector may consider any information provided
to him or her by another municipality or governmental authority in respect of that
business, special event or licensee.
11.8.
If the Licence Inspector suspends a licence under section 11.5:
(a)
the suspension is for such period as the Licence Inspector may specify; and
(b)
the Licence Inspector may impose additional terms or conditions that the licensee
must meet in order to obtain a licence at the end of the suspension period.
11.9.
If the Licence Inspector refuses to grant, suspends or cancels a licence under section 11.5,
the applicant or licensee, as the case may be, is entitled to have Council reconsider the
Licence Inspector's decision.
11.10. If an applicant or licensee wishes to have Council reconsider the Licence Inspector's
decision to refuse, suspend or cancel a licence, they must, within ten business days of the
date of the decision, deliver to the City Clerk a written request stating the grounds upon
which the request for reconsideration is based.
11.11. After receipt of a request under section 11.10, the City Clerk, as soon as practicable, will
notify the applicant or licensee of the time and place at which Council will reconsider the
decision.
11.12. The Licence Inspector must, before granting a street vending licence on City property to an
applicant, confirm that the applicant has in place a valid street vending licence of
occupation agreement with the City.
12.
Licence Amendments
12.1.
Every licence issued under this bylaw is personal to the licensee named on it, and must not
be transferred to another person.
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12.2.
No person shall make, or cause, permit or allow to be made, any change to a business
including, but not limited to:
(a)
a change in the location of the business's premises or special event;
(b)
a change to the operating name of the business;
(c)
a change that affects any term or condition on which the licence was issued; or
(d)
a change that would increase the licence fee payable in respect of the business or
special event,
without first applying to the Licence Inspector to have the licence amended.
12.3.
An application for a licence amendment must:
(a)
be made in the form provided by the Licence Inspector for that purpose;
(b)
be signed by the owner of the business or their or its duly authorized agent;
(c)
contain a true and accurate description of the change prompting the amendment
application;
(d)
be accompanied by payment of the difference in the applicable licence fee, if any;
and
(e)
be accompanied by payment of the prescribed licence amendment fee.
12.4.
The Licence Inspector may grant or refuse the licence amendment on the same or
different terms and conditions in accordance with the provisions of section 11. of this
bylaw.
PART 4--Licence Fees
13.
General Fees
13.1.
Every applicant for a licence, every licensee wishing to renew their or its licence, and every
person applying for a licence amendment must pay all applicable fees prescribed for that
purpose.
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13.2.
The Licence Inspector shall determine a business's classification or the number of vendor
stalls at a special event for the purposes of assessing the prescribed licence fees under the
Fees and Charges Bylaw.
14.
Late Fees
14.1.
If:
(a)
an applicant for a new licence applies after commencing operation of the business
in the City; or
(b)
a licensee applies to renew their or its licence after the expiry of the current
licence for that business,
then the application will be treated as a late application and must be accompanied by
payment of a late fee equal to 25% of the licence fee otherwise applicable for that
business in addition to all other fees.
15.
Refunds
15.1.
The City:
(a)
will refund a paid licence fee (minus the lesser of $200.00 or 50% of the licence
fee) if an applicant requests a refund before a licence is issued and before the City
has conducted any inspections of the proposed business premises;
(b)
will refund a paid licence fee (minus the lesser of $400.00 or 50% of the licence
fee) if an applicant requests a refund before a licence is issued but after the City
has conducted any inspections of the proposed business premises;
(c)
will not grant a refund in any other circumstances including, without limitation,
because a licensee ceases to own or operate the business or special event during
the applicable licence period as set out in section 9. of this bylaw.
PART 5--General Regulations
16.
Posting of Licence
16.1.
Every licensee shall post their or its licence in a conspicuous place on the premises or
vehicle or other place or thing in respect of which the licence is issued.
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16.2.
Despite section 16.1, if a licensee does not maintain business premises, vehicles or other
places or things in the City, the licensee shall carry the licence on their person at all times
when engaged in the business or special event for which the licence was issued.
17.
Windows
17.1.
No person shall darken, frost or otherwise obscure the windows of business premises such
that the interior of the premises is not visible from the exterior, except persons operating
the business of an adult entertainment use or an adult video store.
17.2.
Notwithstanding section 17.1, no person shall cause, permit or allow the windows of a
tobacco or vapour product store to be darkened, frosted or otherwise obscured in any
manner.
PART 6--Specific Regulations
18.
Carnivals
18.1.
It is a term and condition of every licence issued in respect of a carnival or other show
having any mechanical ride or riding device that the licensee obtain, maintain and provide
to the City proof satisfactory to the Licence Inspector of a commercial general liability
insurance policy that:
(a)
has limits of not less than $5,000,000 per occurrence;
(b)
covers bodily injury, death and property damage;
(c)
includes the City as a named insured;
(d)
contains a cross-liability clause;
(e)
provides that the insurer will give the City at least 30 days' prior written notice of
cancellation of, or material alteration to, the policy.
19.
Contractors
19.1.
Every person to whom a licence for a contractor's business has been issued by the City
must, within 10 business days of a request by the Licence Inspector, provide the City with
a list of all subcontractors or subtrades engaged for a specific job in the form prescribed
by the Licence Inspector.
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20.
Massage Parlours
20.1.
In addition to the requirements in section 7.1 of this bylaw, an applicant for a massage
parlour business licence must provide to the Licence Inspector:
(a)
a copy of the authorized identification and current criminal records search (no
older than 30 days from the date of application) for each proprietor, partner,
director, and officer of the business, and for each employee who will be providing
massage services;
(b)
the name of the proprietor, partner, director, officer or employee who will provide
day-to-day management of the massage parlour.
20.2.
Without limiting the generality of section11.6 of this bylaw, the Licence Inspector may
refuse, suspend or cancel a licence if any of the criminal records searches provided under
section 20.1(a) contain a conviction for any offence related to the keeping of a common
bawdy house, prostitution, drug possession or dealing, pornography, or violent crimes
against any person.
20.3.
The person identified in section 20.1(b) as providing day-to-day management of a
massage parlour must:
(a)
maintain a written record containing the full name, address and telephone
number of every person to whom the massage parlour provides services, together
with the date, time, nature and cost of every service performed for each person
and the method of payment;
(b)
make the written records required under subsection (a) immediately available for
inspection by the Licence Inspector at any time upon request;
(c)
not permit an employee to provide massage services until the requirements of
section 20.1(a) have been met; and
(d)
produce authorized identification upon request by an enforcement officer.
20.4.
No person may operate a massage parlour except in compliance with all of the following
conditions:
(a)
the public entrance to a massage parlour must front onto a public place;
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(b)
the public entrance to a massage parlour must have a glass door and a transparent
glass window that is not less than two metres wide by two metres high, with both
the door and window not obscured by signage, coverings or other materials;
(c)
any room within the massage parlour that is used for massages must:
(1)
have a transparent or translucent window with dimensions of not less than
1 metre wide by 1 metre high that is visible to the public reception area of
the massage parlour, with such window not obscured by signage, coverings
or other materials,
(2)
be illuminated at a level which is not less than that used in standard
business offices at all times when in use,
(3)
contain a massage table that is made of metal, is not less than 1 metre in
height, and is supplied with single use, disposable coverings, and
(4)
not contain any mattress, futon, bed, couch, chair or other item of furniture
that could reasonably be used as a bed;
(d)
the massage parlour may only be open for business between the hours of 09:00 and
22:00 any day of the week; and
(e)
all employees of the massage parlour must be 19 years of age or older.
20.5.
All employees providing massage services at a massage parlour must produce authorized
identification upon request by an enforcement officer.
21.
Pet Sales
21.1.
No person operating a pet store shall sell or offer for sale any rabbit unless it has been
spayed or neutered.
22.
Regulation of Portable Vending Businesses and Event Organizers
22.1.
Any person operating a portable vending business or special event must ensure that the
business or special event not be or become a nuisance by generating excessive odors,
music, light, or noise.
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22.2.
Every owner or operator of a portable vending business must ensure that the business and
every unit used in conducting the business meets Provincial health regulations and be
approved by any required health authority for operation.
22.3.
Every owner or operator of a portable vending business must not cause, allow or permit
any alcohol, cigarettes or other tobacco products, or any products designed to be smoked,
to be sold by the business.
22.4.
Notwithstanding section 22.3 and section 25.3, a portable vending business may sell
alcohol if it is identified as a special event vendor under a special event licence and it
satisfies any additional requirements of the City.
23.
Mobile Vendors
23.1.
Any person carrying on the business of a mobile vendor must:
(a)
only carry on business in areas of the City zoned for residential use under the
Zoning Bylaw;
(b)
not allow their unit to stand on any highway in the city for a longer period at any
one time than may be required in making a sale and delivery of any commodity to
a customer to a maximum of fifteen (15) minutes at any one place on any
highway;
(c)
not allow their unit to stand upon any highway in a manner that would inhibit
traffic flow;
(d)
provide receptacles for garbage and recycling and dispose of the garbage and
recycling in an appropriate manner;
(e)
not operate between the hours of 9:00 pm and 8:00 am;
(f)
only sell pre-packaged or previously prepared food items, excluding alcohol,
cannabis, cigarettes or other tobacco products, or any products designed to be
smoked;
(g)
not be or become a nuisance by generating excessive odors, music, light, or noise;
(h)
not emit any noise while stationary;
(i)
not operate in or adjacent to any City property unless they hold a valid facility use
licence or special event licence; and
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(j)
carry commercial general liability insurance with a minimum of $2 million.
24.
Street Vendors
24.1.
Subject to the restrictions set out in this bylaw, a person may operate as a street vendor
on City property or private property.
24.2.
A street vendor may only operate on private property where the owner or operator of the
business has written permission from the property owner to operate the street vending
cart or street vending vehicle.
24.3.
A street vending cart or street vending vehicle may only be operated on private property in
industrial, institutional or commercial zones as set out in the Zoning Bylaw.
24.4.
No person shall cause, allow or permit a street vending cart or street vending vehicle to be
situated on private property in a manner that would contravene the Zoning Bylaw.
24.5.
For greater certainty, no person shall cause, allow or permit a street vending cart or street
vending vehicle to be situated on private property in a manner that would reduce the
number of off-street parking spaces to an amount less than provided for in the Zoning
Bylaw and, for the purposes of this section, any parking spaces being occupied by a street
vending cart or street vending vehicle shall not be counted in determining the number of
off-street parking spaces on a property.
24.6.
No person shall operate a street vending cart or street vending vehicle on City property
unless:
(a)
that person, or the employer of that person, has entered into a street vending
licence of occupation agreement with the City; and
(b)
the vending cart or vending vehicle is situated entirely within the area designated
for it under the applicable street vending licence of occupation agreement.
24.7.
No person shall operate a street vending vehicle on City property unless the operation is
carried out in accordance with the Street and Traffic Bylaw.
24.8.
Notwithstanding section 24.7, a person operating a vending vehicle on City property
under a street vending licence of occupation agreement is not subject to the parking time
limit restrictions in the Street and Traffic Bylaw.
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24.9.
Every person operating a street vending cart or street vending vehicle must:
(a)
not operate between the hours 9:00 p.m. and 8:00 a.m.;
(b)
provide a garbage container and must pick up all garbage and debris within 100
metres of the street vending cart or street vending vehicle which results from the
business operation; and
(c)
ensure that the street vending cart or street vending vehicle is:
(1)
capable of being moved on its own wheels without alteration or
preparation;
(2)
fully self-contained with no service connection, unless such service
connection is approved by the General Manager of Engineering and Public
Works, or their designate;
(3)
situated so as not to interfere with or block any entrance, exit, walkway or
other means of ingress or egress from a building or other structure,
parking lot, or highway; and
(4)
kept in good repair.
24.10. Notwithstanding section 24.9(c)(1) of this bylaw, a street vending cart may be towed by
another vehicle.
25.
Special Events
25.1.
Subject to section 25.2 of this bylaw, no person shall carry on or operate as a special event
vendor unless that person is the holder of a valid and subsisting street vending licence or
mobile vending licence being operated in conjunction with an event for which a valid and
subsisting special event licence has been granted.
25.2.
Where the City has granted a special event licence that includes special event vendors, the
special event vendors identified on the special event licence do not require a separate
licence to participate in the special event for which the special event licence is granted.
25.3.
Any person operating as a special event vendor must comply with the regulations in this
bylaw pertaining to a portable vending business, street vendor, and/or mobile vendor as
the case may be.
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26.
Cannabis Businesses
26.1
Every person carrying on a cannabis retail business must:
(a)
ensure that the premises from which the business operates has transparent front
windows; and
(b)
ensure that the interior portions of the premises accessible to the general public
are visible from the exterior.
26.2
Every person carrying on a cannabis production-processing business must:
(a)
operate and maintain an air filtration system on the business premises in good
working order;
(b)
upon request of the Licence Inspector, obtain an inspection report regarding the
performance of the air filtration system from a qualified technician within 30 days
of the request;
(c)
undertake any work identified in the inspection report under subsection (b) as
necessary to ensure the air filtration system functions in good working order
within 60 days of receiving the inspection report;
(d)
upon request of the Licence Inspector, provide an Air Quality Management Plan
within 30 days of the request;
(e)
undertake any measures identified in the Air Quality Management Plan under
subsection (d) within 60 days of receiving the Air Quality Management Plan;
(f)
not cause, permit or allow the outdoor storage of any cannabis byproducts or
cannabis waste on their premises.
26.3
Every person carrying on a cannabis production-processing business or a cannabis retail
business must notify a Licence Inspector of the following changes:
(a)
if any additional licences or permits under the Cannabis Act or Cannabis Control
and Licensing Act are issued to them;
(b)
if there are any changes to licences or permits that have been issued under the
Cannabis Act or Cannabis Control and Licensing Act to them; and
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(c)
if any of their licences or permits have lapsed or been suspended or revoked.
PART 7--Enforcement
27.
Offence
27.1.
Every person who violates any provision of this bylaw, or who suffers or permits any act or
thing to be done in contravention of this bylaw, or who neglects to do or refrains from
doing anything required to be done by this bylaw, shall be deemed to be guilty of an
offence against this bylaw and is liable for a fine not exceeding the maximum allowable
under the Offence Act (B.C.).
27.2.
Every infraction shall be deemed to be a continuing, new and separate offence for each
day during which it continues.
Readings
READ A FIRST TIME this [day] day of [month] , [year] .
READ A SECOND TIME this [day] day of [month] , [year] .
READ A THIRD TIME this [day] day of [month] , [year] .
GIVEN FOURTH AND FINAL READING and the Seal of the Corporation affixed this [day] day of
[month] , [year] .
__________________________MAYOR
___________________________CLERK