Business Licence Bylaw

Courtenay, British Columbia

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The Corporation of the City of Courtenay Business Licence Bylaw Bylaw No. 2523 Updated October 24, 2025 The following is a consolidated copy of the City of Courtenay Business Licence Bylaw and includes the following bylaws: Bylaw No. Bylaw Name Adopted Purpose 2523 Business Licence Bylaw No.2523, 2008 21st January 2008 To licence and regulate businesses 2847 Business Licence amendment Bylaw No. 2847, 2016 13th June 2016 For the purpose of regulating Mobile Food Vending 2942 Business Licence amendment Bylaw No. 2942, 2018 19th November 2018 For the purposes of regulating Storefront Cannabis Retailers 3133 Business Licence - Amendment Bylaw No.3133, 2025 7th May 2025 For the purposes of regulating short-term rental accommodation 3199 Business Licence - Amendment Bylaw No.3199, 2025 1st October 2025 Amending Schedule A Licence fee for storefront cannabis retailer removed This bylaw may not be complete due to pending updates or revisions and therefore is provided for reference purposes only. THIS BYLAW SHOULD NOT BE USED FOR ANY LEGAL PURPOSES. Please contact the corporate legislative officer at the City of Courtenay to view the complete bylaw when required. "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 2 of 16 THE CORPORATION OF THE CITY OF COURTENAY BYLAW NO. 2523 A bylaw for the licencing and regulation of businesses WHEREAS, Council may, pursuant to s. 8(6) of the Community Charter, regulate in relation to business; AND WHEREAS, Council has given notice of its intention to adopt this Bylaw by publishing such notice in the Comox Valley Echo on January 11th, 2008 and January 15th, 2008, and has provided an opportunity for persons who consider they are affected by this Bylaw to make representations to Council at a Council meeting pursuant to s. 59 of the Community Charter on January 21st, 2008; NOW THEREFORE, The Council of the City of Courtenay in open meeting assembled, enacts as follows: SECTION 1 - INTRODUCTION 1.1 TITLE This bylaw may be cited for all purposes as "Business Licence Bylaw No. 2523, 2008". 1.2 DEFINITIONS In this Bylaw the following definitions apply. Terms not defined herein shall be as defined in the City of Courtenay Zoning Bylaw as adopted by Council, as amended from time to time: "Auctioneer" means a person who conducts auctions for the sale of goods by calling for bids and declaring goods sold. "Business" carrying on a commercial or industrial activity or undertaking of any kind, and providing professional, personal or other services for the purpose of gain or profit. "Cannabis" has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modifications. "Cannabis Production Facility" means a business involved in any of the following: cultivating, growing, producing, packaging or storing cannabis or its derivatives. "City" means the Corporation of the City of Courtenay, or the area governed by it. "Council" means the Municipal Council of the City of Courtenay. "Food Cart" means a non-motorized mobile cart with a maximum area of 4.65m², from which food and/or drink is dispensed, and where the entire stock of goods offered for sale is carried and contained in the cart and which may change locations from time to time, and which is not located in a permanent building or structure, and is removed from public access when not in use. "Food Truck" means a motorized, mobile, self-contained vehicle that is equipped to cook, prepare and/or serve food or beverages but does not include food trailers or food carts. "Food Trailer" means a portable, self-contained trailer that is equipped to cook, prepare "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 3 of 16 and/or serve food or beverages but does not include food carts. "Intermunicipal business licence" means a business licence issued by a municipality that is party to the Courtenay-Comox Business Licence Agreement authorized by Intermunicipal Business Licence Agreement Authorization Bylaw No. 2464, 2006. "Licence Inspector" means a person, or his designate, appointed by Council for the purpose of enforcing and carrying out the provisions of this bylaw and includes Building Inspectors and Bylaw Enforcement Officers. "Mobile Food Vending" means the operation of a food service business from a food cart, food trailer or food truck. "Non-resident Business" means a business, other than a resident business, carried on in the City, or with respect to which any work or service is performed in the City. "Person" includes a corporation, partnership, proprietorship, firm and the personal or other legal representative of a person to whom the context may apply under this bylaw. "Resident business" means a business carried on, in or from a premises or place located within the City. "Storefront Cannabis Retailer" means a premises where cannabis is sold or otherwise provided to a person who attends at the premises. SECTION 2 - GENERAL REGULATIONS 2.1 No person shall carry on a business within the City without first: (a) paying the fee for a business licence as described under Schedule A of this bylaw; and (b) obtaining a City business licence; or (c) being the holder of a valid intermunicipal business licence. 2.2 Any person carrying on more than one business shall obtain and pay for a separate business licence for each and every business. 2.3 Every person issued a licence to carry on a resident business shall keep the licence posted in a conspicuous place on the business premises named in the licence. 2.4 Every business shall comply with all federal, provincial and municipal laws, bylaws and regulations. However issuance of a licence by the City is not a representation that a business is compliant with federal, provincial and municipal laws, bylaws and regulations. 2.5 A licence inspector may grant a business licence when satisfied that the applicant has complied with the requirements of the bylaws of the City. 2.6 A licence inspector of the City may, subject to s. 16 of the Community Charter, enter at all reasonable times on any property that is subject to this bylaw to determine whether the regulations in this bylaw are being observed. 2.7 A licence inspector may refuse or suspend a licence for reasonable cause, including where a licensee: (a) has failed to comply with a term or condition of the licence, (b) the licensee's premises ceases to comply with a bylaw regulating building, land use, health, fire, environmental or business issues, or "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 4 of 16 (c) is convicted of an offence under an Act or bylaw in respect of the business for which the licence has been issued or with respect to the premises named in the licence. 2.8 Where an applicant has been refused a licence, or a licence is suspended in accordance with this bylaw, the applicant may appeal the decision to Council. The licence inspector must notify the applicant or the licensee affected by the decision of their right to have the matter reconsidered by Council. On appeal, Council may confirm or set aside the refusal or suspension on any terms it may think fit. 2.9 No licence shall be transferred from one person in respect of certain premises to that same person in respect of other premises without the prior approval of the licence inspector and the payment of Twenty Dollars ($20.00) for the required transfer fee. Such transfer fee shall be refused by the licence inspector where the premises to which the applicant wishes to transfer the licence does not comply with the requirements of the bylaws of the City. 2.10 Every holder of a licence shall notify the licence inspector of any change in the mailing and/or business address, the classification of the business, area of premises, or any alteration to the premises in which the business is carried out, and upon termination of the carrying on of business by the Licence Holder, he or she shall notify the licence inspector that the licence is no longer required and shall surrender the licence to the licence inspector. 2.11 No person shall offer for sale any goods or merchandise on a highway within the boundaries of the City except as provided elsewhere in this bylaw. SECTION 3 - LICENCE FEES AND LICENCE PERIOD 3.1 Except as hereinafter provided, licences shall be granted for a one-year period to commence the first day of January and to terminate the thirty-first day of December in each year. 3.2 The licence fee prescribed in this bylaw shall be reduced by one-half in respect of a business that becomes liable to be licensed after the thirty-first day of July in any year. 3.3 If a licensee continues to carry on business within the City and does not renew and pay for its licence prior to March 1st of each licence period (January 1st to December 31st), a late payment fee calculated at 25% of the annual licence fee will be applied. 3.4 If a licensee continues to carry on business within the City and does not renew and pay for their licence prior to June 1st of each licence period (January 1st to December 31st), a late payment fee calculated at 50% of the annual licence fee will be applied. 3.5 No refund of the annual licence fee shall be made because the licensee ceases to do business at any time. A licence fee shall be refunded only if the application is withdrawn prior to issuance of the business licence or if issuance of a business licence is refused. SECTION 4 - AUCTIONEERS 4.1 Every Auctioneer shall, whenever goods are put into his hands for sale, give a receipt containing an itemized statement of all such goods. 4.2 Every Auctioneer shall keep proper books of accounts of the business transacted by him as an Auctioneer, whether in public auction or elsewhere. The books shall record: (a) the names and addresses of persons entrusting goods to him for resale; (b) an itemized list of all such goods; and (c) the names and addresses of the persons purchasing any goods from him. 4.3 Every Auctioneer shall permit any police officer or a Licence Inspector to inspect the books "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 5 of 16 referred to in the preceding sections, at all times during business hours, and to take extracts therefrom. SECTION 5 - EXOTIC DANCING 5.1 In respect of cabarets, nightclubs and other premises licenced for the on-premises consumption of liquor, a licence inspector may impose terms and conditions on the business licence relating to exotic dancing. 5.2 Exotic dancing shall only be permitted to be operated for a maximum of 3 consecutive days once per calendar month. SECTION 6 - CIRCUSES AND CARNIVALS 6.1 No licence shall be issued to any person for the purpose of holding an exhibition, circus or carnival, using ferris wheels, merry go rounds, or other similar rides until such person has filed with the Licence Inspector, evidence of his holding a Comprehensive Liability Policy of insurance for Five Million Dollars ($5,000,000.00) inclusive limits covering bodily injury, death, and property damage including loss of use thereof. The insurance shall name the City as an additional insured. SECTION 7 - CONTRACTORS 7.1 All General Contractors shall supply a list to the Licence Inspector of all sub trades employed by them to the City prior to applying for an occupancy permit. SECTION 8 - DOOR TO DOOR AND/OR DIRECT SALES 8.1 Any door to door or direct sales person shall: (a) state to any person with whom he is conducting or attempting to conduct business, the name of the business or other organization with whom he is associated, affiliated or representing; (b) state to any person with whom he is conducting or attempting to conduct business, his full legal name consisting of all personal names and his surname; (c) when conducting or attempting to conduct business, have affixed to his clothing and clearly visible to the public, an identification card on which is printed his full legal name and on which is affixed his photograph, said photograph being of passport size, namely 5 cm x 5cm (2" x 2"); (d) display to any person with whom he is conducting or attempting to conduct business, a copy of the business licence issued hereunder. "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 6 of 16 SECTION 9 - ESCORT SERVICES 9.1 Every person carrying on the business of or operating an "Escort Service" shall: (a) obtain a business licence for the agency and pay an additional fee for each escort to whom customers are referred by the escort service; and (b) provide a Business Licence Inspector with the name, address and birth date for each escort to whom customers are referred by the escort service, for approval from the Licence Inspector. SECTION 10 - MOBILE FOOD VENDING 10.1 No person shall operate mobile food vending within the City of Courtenay without first obtaining and maintaining a valid Mobile Food Vending licence for each mobile food vending unit in operation. Licences will be issued on a first come first served basis. Depending on demand for Mobile Food Vending on Public Property, time limits on the duration of stay may be imposed by the licence inspector. 10.2 No person shall operate mobile food vending without providing proof satisfactory to the City that the following permissions have been obtained, and regulations met: (a) Island Health Approval; (b) BC Safety Authority Approval; (c) Proof of Motor Vehicle Insurance (Food Trucks and Food Trailers); (d) Proof of Liability Insurance coverage which meets the following minimum requirements: i. Inclusive limit of $2,000,000 and Public Liability & Property Damage; ii. Cross Liability Clause iii. City of Courtenay named as joint insured under the policy iv. Provide that the coverage under the policy cannot be cancelled or any provisions changed or deleted unless thirty days' prior written notice is given to the City by the Insurer. (e) A Discharge Management Plan satisfactory to the City of Courtenay that describes how and where fats, oils and grease will be disposed. 10.3 No person shall sell goods other than food and beverages from mobile food vending. 10.4 No person shall operate mobile food vending in locations other than the following: (a) Private Property zoned for Restaurant Use with the Mobile Food Business being at least a distance of 30 metres from an existing permanent food service establishment. (b) City property and park locations as specified in Schedule 'B' attached hereto and forming part of this bylaw. 10.5 No person shall operate mobile food vending on private property, without first supplying the Licence Inspector with a written letter of permission from the owner of the property on which the vendor will be locating. 10.6 No person shall carry on a Mobile Food Vending business on public property unless located in a location specified in Schedule 'B' attached hereto and forming part of this bylaw, or under a permit issued by the City for Special Events. "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 7 of 16 10.7 No person shall operate or provide mobile food vending that is not maintained at all times in good sanitary and aesthetically pleasing condition. 10.8 No person shall operate or provide mobile food vending without its own power and water source. No person shall operate generators used to provide power if they, in the opinion of the City, create a disturbance. 10.9 No person shall operate or provide mobile food vending without providing proper waste and recycling receptacles adequate to ensure the cleanliness of the adjacent area. No person shall operate a mobile vending unit without a cleanup within a 10 metre radius after service at a location, and removing of all collected garbage from the location. 10.10 No person shall operate mobile vending without maintaining clearance on all sides of the mobile food vending unit such that pedestrians are able to easily and safely pass by without congestion. 10.11 No person shall operate mobile food vending in a manner that restricts or interferes with the ingress or egress of the adjacent property owner or constitute an obstruction to adequate access by emergency services, City services, or sanitation vehicles. 10.12 No person shall leave mobile food vending unattended. 10.13 No person shall store mobile food vending on public property overnight. 10.14 No person shall operate mobile food vending without maintaining a location log that tracks the time and duration of the food truck/trailer at each location and making the log available to the Licence Inspector upon request. 10.15 No person who is providing or operating mobile food vending shall use or allow to be used any polystyrene (Styrofoam), non-recyclable or non-biodegradable materials in relation to the sale or delivery of food. 10.16 No person shall operate mobile food vending in public locations outside the following hours where applicable: Public Property: 7:00 a.m. to 10:00 p.m.; or Park opening hours. 10.17 No person shall operate mobile food vending within: (a) 30 metres of an existing permanent food service establishment; (b) 100 metres of any elementary school; (c) 150 metres of a special event or festival (except where permission from the event coordinator has been obtained); and (d) Residentially zoned areas unless approved by the Licence Inspector for a special event such as a Block Party. 10.18 FOOD TRUCKS & FOOD TRAILERS Size and Configuration: No person shall provide or operate a food truck or trailer more than: (a) 2.5 metres in width; and (b) 8 metres in length. SECTION 11 - STOREFRONT CANNABIS RETAILERS 11.1 Every "Storefront Cannabis Retailer" must: "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 8 of 16 (a) only be open for business between the hours of 9am and 11pm; (b) install and maintain an air filtration system that effectively minimizes odour impacts on neighbouring properties; (c) not display any advertising or sign that is visible from the outside of the premises except for a maximum of two signs which display no images and contain only: i. alpha-numeric characters, ii. the business name, and iii. is in a size as permitted under the City's Sign Bylaw (d) not install security bars that are located within one meter of a window which may be seen outside of the premises; and (e) not install roll down or other shutters, which may be seen outside of the premises SECTION 12 - SHORT-TERM RENTAL ACCOMMODATIONS 12.1 Residential property owners who operate a short-term rental accommodation business are required to obtain a short-term rental accommodation Business Licence and must operate in accordance with the following: (a) A short-term rental accommodation business is only permitted within a single residential dwelling, an accessory dwelling unit, or a secondary suite that is part of a single residential dwelling. (b) Issuance of a short-term rental accommodation Business Licence will be specific to the dwelling unit on the property to be used for the short-term rental accommodation operation. (c) A valid short-term rental accommodation Business Licence must be displayed in a prominent place within the short-term rental accommodation unit, along with contact information for the operator, and telephone number to call on a 24-hour basis. (d) Only one booking is permitted at a time, with a maximum occupancy of three (3) bedrooms and six (6) guests. (e) A Fire and Safety plan is required to be posted at entrances and exits from the dwelling unit and in each bedroom that meets the minimum requirements of the BC Building Code, and must contain the following information: i. Operators name ii. Address of property iii. Emergency contact locally available 24 hours a day to address immediate concerns. iv. Emergency contact number (911) v. Designated meeting point vi. Location of fire extinguisher and smoke/carbon monoxide alarm(s) SECTION 13 - ENFORCEMENT AND PENALTIES 13.1 Intent of this Part: The intent of this part is to provide the means to enforce the provisions of this Bylaw, using various enforcement measures as deemed appropriate by the City, and enforcement of this Bylaw shall be the responsibility of designated bylaw enforcement "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 9 of 16 officers, and any other persons authorized by Council to enforce this Bylaw. 13.2 Enforcement: The Director, a bylaw enforcement officer or a peace officer may enforce this Bylaw. 13.3 Offences and Penalties: The following apply in respect of this Bylaw: a) Any person who: i. contravenes a provision of this Bylaw, ii. suffers or permits any act or thing to be done in contravention of this Bylaw, iii. refuses, omits or neglects to fulfill, observe, carry out or perform any duty or obligation imposed under this Bylaw, commits an offence, and each day that a contravention continues amounts to a separate offence. b) A person found guilty of an offence under this Bylaw is liable: i. if proceedings are brought under the Offence Act, to pay the maximum fine and other penalties, compensation and costs authorized by that Act and the Community Charter; or ii. if a ticket is issued under Division 3 of Part 8 of the Community Charter, to pay a maximum fine of $1,000. Fines and penalties imposed under this section are in addition to and not in substitution for any cost recovery, remedial action or other consequence of default or contravention provided for under this bylaw, and do not limit the right of the City to bring civil proceedings or pursue any other remedy available at law. SECTION 14 - SEVERABILITY 14.1 If any section, subsection, clause, sub-clause or phrase of this bylaw is for any reason held to be invalid, unlawful or unenforceable by the decision of any Court of competent jurisdiction, that section subsection, clause, sub-clause of phrase shall be struck from the Bylaw and its severance shall not affect the validity of the remaining portions of this Bylaw. SECTION 15 - REPEAL AND ADOPTION 15.1 "Business Licence Bylaw No. 1351, 1984" and all amendments thereto, are hereby repealed. 15.2 This bylaw shall come into full force and effect on adoption. Read a first time this 7th day of January, 2008 Read a second time this 7th day of January, 2008 Read a third time this 7th day of January, 2008 Finally passed and adopted this 21st day of January, 2008 "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 10 of 16 Mayor Manager of Corporate Administration "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 11 of 16 SCHEDULE A BYLAW NO. 2523, 2008 Business categories and annual licence fees payable: 1. Apartments, Hotel, Motel, Hostels, Mobile Home Park, etc.(10 units or more)......$150.00 Short-term rental accommodation.......................................................... $150.00 Short-term rental accommodation Affordable Housing Amenity Reserve Fund offset fee........................................................................................ $150.00 Bed and breakfast accommodation..........................................................$150.00 2. Auctioneer/Pawn Brokers/ Second hand Dealer .......................................................$150.00 3. Automotive Dealer ....................................................................................................$250.00 (includes new and used vehicles, recreational vehicles, motorcycles, etc.) 4. Automotive Repair, Service Station .........................................................................$150.00 5. Banks, Credit Unions .............................................................................................$1,500.00 6. Bingo Facility.........................................................................................................$1,500.00 (as defined in Zoning Bylaw No. 2500) 7. Brokers, Mortgage and Investment Companies ........................................................$250.00 8. Business Service (operating as a non-resident or resident business, but not including retail) ............$100.00 9. Cannabis Production Facility .................................................................................$5,000.00 10. Exhibition/Circus/Carnival/Door to Door Sales .......................................... $100.00 per day 12. Escort Service ...........................................................................................................$500.00 + per escort ...............................................................................................................$100.00 13. Intermunicipal ..........................................................................................................$150.00 (as set out in Intermunicipal Business Licence Agreement Authorization Bylaw No. 2464, 2006)5 14. Home Occupation............................................................................... $75.00 (As defined in Zoning Bylaw No. 2500, 2007) 15. Mini-Storage Facility ................................................................................................$150.00 16. Nightclub/Cabaret/Neighbourhood Pub.................................................................$1,000.00 17. Professional ...............................................................................................................$100.00 (a person carrying on a business that is governed by a Special Act, statute, etc) 18. Radio/TV Station/Private Utility Company ..............................................................$150.00 19. Retail/Wholesale every business which has a floor area (the area of which customers have "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 12 of 16 normal access for shopping purposes) of: (a) under 4,000 sq.ft. ................................................................................................$100.00 (b) 4,001 sq.ft. to 10,000 sq.ft. ..................................................................................$250.00 (c) 10,001 sq.ft. to 20,000 sq.ft. ................................................................................$450.00 (d) over 20,001 sq.ft. ................................................................................................$650.00 20. Restaurant .................................................................................................................$150.00 21. Snack Bar ....................................................................................................................$50.00 22. Theatre/Movie Theatre/Concert Hall ........................................................................$250.00 23. Unclassified...............................................................................................................$100.00 24. Mobile Food Vendor on private property .................................................................$150.00 (fees will not be prorated) 25. Mobile Food Vendor on public property ..................................................................$450.00 (fees will not be prorated) "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 13 of 16 SCHEDULE 'B' Mobile Restaurant Locations on Public Property Mobile Restaurants may operate on Public Property only in the following locations: Location Total Food Truck spots Details Lewis Park 4 - west of playing field near river and washrooms - north of playing field to the right of the park entrance (On selected dates, food truck spots would be unavailable due to special events in the park) Airpark 2 Grassy median off Mansfield Drive, south of Rotary Skypark Standard Park 1 Gravel parking area Specific locations are shown on the following maps. "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 14 of 16 "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 15 of 16 "Business Licence Bylaw No. 2523, 2008 CONSOLIDATED Page 16 of 16