Business Licence Bylaw No. 3194, 1994 (Consolidated)
Cranbrook, British Columbia
· adopted 1994-01-01
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December 13, 2024
THE CORPORATION OF THE
CITY OF CRANBROOK
Business Licence Bylaw No. 3194, 1994
(Adopted December 21, 1994)
This is a consolidation of the Business Licence Bylaw and the adopted Amendment Bylaws listed below.
The amending bylaws have been combined with the original Business Licence Bylaw
for convenience only.
THIS CONSOLIDATION IS NOT A LEGAL DOCUMENT.
CONSOLIDATION FOR CONVENIENCE PURPOSES ONLY TO INCLUDE:
Bylaw No.
Adoption Date
Particulars
4177
December 13, 2024
Delete Section 3.03.02 Prompt Payment Discount;
Amend Section 3.03.02 Refunds;
Replace Schedule B - Business Licence Fees
3868
October 24, 2016
Text Housekeeping
Add Inter-Community Business Licence;
Add Schedule B Business Licence Fees
3631
June 9, 2008
Amend Parts 1 (definitions);
Amend Part II (reference to Municipal Act);
Amend Part IV (reference to Clerk-Administrator)
3569
December 11, 2006
Amend Section 3.03 Licence Fees;
Amend 3.08 Notification of Changes;
Amend 3.09 Transfer / Administrative Fee
3285
February 3, 1997
Replace Sections 5.05 Mobile Retail Seller;
Replace Section 5.13 Street Vending
3229
August 28, 1995
Replace Sections 5.15 Second-Hand and Pawn Shops;
Amend Section 5.16 Taxi Driver Permits;
Amend Schedule A
BYLAW NO. 3194
BUSINESS LICENCE BYLAW
A bylaw governing licensing and regulations for carrying on a business within the City
of Cranbrook.
The Municipal Council of the Corporation of the City of Cranbrook, in open meeting assembled,
enacts as follows:
PART I - TITLE AND DEFINITIONS
1.01
This bylaw may be cited as the "City of Cranbrook Business Licence Bylaw No. 3194,
1994".
1.02
DEFINITIONS
1.02.01
In this bylaw, unless the context otherwise requires:
"Business"
means the carrying on of a commercial or industrial
undertaking of any kind or the providing of professional,
personal, or other services for the purpose of receiving
income or revenue, but does not include an activity carried
on by a Municipal, Provincial or Federal Government, or
Crown Corporation
"Business Licence
Inspector"
means the person appointed to that position by the Chief
Administrative Officer of the City of Cranbrook for the
purpose of enforcing and carrying out the provisions of this
bylaw including his/her designate
"City"
means the Corporation of the City of Cranbrook
"Chief
Administrative
Officer"
means the employee appointed to that position for the City
pursuant to section 147 of the Community Charter
"Corporate Officer"
means the employee appointed to that position for the City
pursuant to section 146 of the Community Charter
"Council"
means the Municipal Council of the City
"Inter-Community
Business"
means a business that performs a service or activity within
more than one Participating Municipality under the
Cranbrook-Kimberley
Business
Licence
Agreement
authorized by the City of Cranbrook Inter-Community
Business Licence Bylaw No. 3877, 2016 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 3868, 2016
Adopted Oct 24, 2016
Bylaw 3631, 2008
Adopted Jun 9, 2008
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 2
"Inter-Community
Business Licence"
means a business licence which authorizes Inter-
Community Business to be carried on within the boundaries
of any or all of the Participating Municipalities in accordance
with the Inter-Community Business Licence Bylaw 3877,
2016 and will be in addition to a Municipal Business Licence
"Licence"
means business licence
"Municipal
Business Licence"
means a licence or permit, excluding:
-
an Inter-Community Business Licence;
-
seasonal business licence; or
-
temporary business licence
"Participating
Municipality"
means the following local governments that have adopted
an Inter-Community Business Licence Bylaw:
-
The Corporation of the City of Cranbrook
-
The Corporation of the City of Kimberley
"Person"
in addition to its ordinary meaning shall mean and include
a partnership, association, company, society, body
corporate, and in the singular shall mean and include the
plural, and in the masculine shall mean and include the
feminine and reverse
"Premise"
means a fixed or permanent location where the applicant
ordinarily carries on business
"Prinicipal
Municipality"
means the Participating Municipality where a Business is
physically located, or has a Premise, or in the case, where
the licensee does not maintain a Premise in any
Participating Municipality, the Participating Municipality
from which the licensee has obtained a Municipal Business
Licence and that issues the Inter-Community Business
Licence
"Resident
Business"
Means any business carried on, in or from premises within
the City
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 3
1.02.02 Unless otherwise provided, words and phrases used herein have the same
meanings as in the Community Charter, Local Government Act or
Interpretation Act as the context and circumstances may require. A reference
to a statute in this bylaw refers to a statute of the Province of British Columbia
unless otherwise indicated, and a reference to any statute, regulation, bylaw
or other enactment refers to that enactment as it may be amended or replaced
from time to time. In the event of a conflict between this bylaw and a Provincial
enactment, the stricter law prevails. Words in the singular include the plural
and words in the plural include the singular, and reference to a gender includes
both genders and a corporation. Headings in this bylaw are for convenience
only and must not be construed as defining or limiting the scope or intent. If
any part of this bylaw is held to be invalid by a court of competent jurisdiction,
the invalid part is severed and the remainder continues to be valid.
PART II - DELEGATION AND AUTHORITIES
2.01
DELEGATION OF COUNCIL POWERS
Council delegates to the Business Licence Inspector the powers of Council to grant,
issue, transfer or renew a Licence under this bylaw, to refuse or suspend a Licence for
reasonable cause, and to set conditions of issuance, renewal, or reinstatement further
to the objects and purposes of this bylaw.
2.02
BUSINESS LICENCE INSPECTOR
The Business Licence Inspector, or any person duly authorized:
(a)
may classify and interpret each application for a Business Licence in accordance
with the categories and interpretations found in Schedule "A" attached to and
forming part of this bylaw;
(b)
may grant, issue, transfer or renew a Licence when satisfied that the applicant
has complied with the regulations governing buildings, zoning, fire, health,
sanitation and business, and the licence fee has been paid;
(c)
may refuse a Licence for reasonable cause after having given the applicant
written reasons for the refusal in accordance with Section 4.01 and an
opportunity to be heard in accordance with Section 4.02;
(d)
has the right to refer the decision of granting or refusing to grant a Licence to
Council, who may conduct a hearing pursuant to Section 4.04;
(e)
has the authority to suspend a Licence in accordance with the provisions of the
Community Charter after having given the licensee written notice in accordance
with Section 4.01 and an opportunity to be heard in accordance with Section
4.02; and
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 4
(f)
has the authority to enter any land, building, or other place at any
reasonable time for the purpose of ascertaining whether the regulations or
provisions of this bylaw are being complied with.
PART III - ADMINISTRATION
3.01
LICENCE APPLICATION
Every application for a Licence or for the transfer of an existing Licence shall be made to
the Business Licence Inspector on the application form provided for that purpose.
3.02
LICENCE PERIOD
Except as otherwise provided for in Section 3.06 and 3.07, Licences shall be granted for
a one (1) year period, to commence on the first day of January and to terminate on the
31st day of December in each and every year.
3.03
LICENCE FEES
3.03.01
PAYMENT REQUIRED
No licence shall be granted, issued, transferred or renewed to a person
until full payment of the prescribed fee has been received by the City, as
set forth in Schedule "B" of this bylaw.
3.03.02
REFUNDS
Licence fees are not refundable.
3.04
PRO-RATING
The licence fees for new businesses starting after the commencement of the licence
period, excluding temporary and seasonal licences, may be pro-rated on a quarterly basis.
3.05
SEPARATE LICENCE
3.05.01
Where there is more than one separate and distinct business category
located within the same premises(s), each business category shall be
required to have a separate Licence, unless otherwise provided for in this
bylaw.
3.05.02
Where a business is carried on in or from more than one premise(s) in the
City, the business carried on from or in each premises(s) shall be deemed
to be a separate business.
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 4177, 2024
Adopted Dec 13, 2024
3.06
TEMPORARY LICENCE
3.06.01
Where an existing business is carried on from a fixed commercial premise
in the City and the business wishes to carry on for a temporary period of
time from a separate fixed commercial premises, the applicable fees shall
be as set forth in Schedule "B" of this bylaw.
3.06.02
As an alternate to security, where a business is not carried on continuously
in the City for greater than six months, except businesses of a seasonal
nature, the Licence Inspector may require the business to pay twice the fee
normally required for businesses of the same classification.
3.06.02
For the purposes of this section, the pro-rating provisions of Section 3.04
shall not apply.
3.07
SEASONAL LICENCE
3.07.01
When a Licence is issued for a business that is seasonal in nature, the
licence fee shall be as set forth in Schedule "B" of this bylaw
3.07.02
No seasonal Licence shall be issued for a period longer than six (6) months.
3.07.03
For the purpose of this section, the pro-rating provisions of Section 3.04
shall not apply.
3.08
NOTIFICATION OF CHANGES
Every person being the holder of a licence shall notify the Business Licence Inspector of
any changes in the mailing and/or physical address of the business, the business practice,
the ownership or principle operators of the business, or any alteration of the premises in
which the business is carried out.
3.09
TRANSFER/ADMINISTRATION FEE
A licence granted under this bylaw shall be considered a personal licence issued to the
licensee whom shall ensure such licence is not transferred or changed without the prior
approval of the Business Licence Inspector, the completion of a new application form and
the payment of a "Transfer/Administration Fee" as set forth in Schedule "B" of this bylaw.
Transfer or change of a licence, includes but is not limited to a change or transfer of
ownership, location, contact information, or other matter which necessitates administrative
processing of a business licence.
Bylaw 3569, 2006
Adopted Dec 11, 2006
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3569, 2006
Adopted Dec 11, 2006
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 6
3.10
TERMINATION
Upon the termination of a business by the licence holder, the licensee shall notify the
Business Licence Inspector that the Licence is no longer required and shall surrender the
Licence to the Business Licence Inspector if so directed.
3.11
DISPLAY OF LICENCE
Licences shall be prominently displayed at all times in the business area of the premise(s)
to which the public has access.
3.12
COMPLIANCE
3.12.01
Where any Federal/Provincial Act or Regulation or any City Bylaw applies
to any matter covered by this bylaw, the issuance of a Licence under the
provisions of this bylaw shall not relieve the licence holder from complying
with the provisions of such other enactments.
3.12.02
All applicants for a business licence must provide proof of compliance with
the City's building bylaw, zoning bylaw and any other bylaw applicable to
the operation of the proposed business.
PART IV - SUSPENSIONS AND APPEALS
4.01
NOTIFICATION OF REFUSAL OR SUSPENSION
4.01.01
A refusal to issue or renew a Licence or its suspension shall be in writing,
signed by the Business Licence Inspector and served on the applicant or
licensee or delivered to the applicant or licensee by registered mail to the
address of the business shown on the business licence application. The
notice will include reasons for the decision of the Business Licence
Inspector.
4.01.02
A Notice of Suspension of a Licence may be posted by the Business
Licence Inspector upon the premise(s) for which the Licence was issued
and such notice shall not be removed until the Licence is reinstated, the
former licensee ceases to occupy the premise(s), or a new business other
than the one carried on by the licensee is started in the premise(s).
4.02
APPEAL PROCEDURES
Within 30 days of the Business Licence Inspector's decision to refuse, suspend, or renew a
Licence, or where the applicant wishes to appeal the classification given by the Business Licence
Inspector, the applicant or licensee may request that Council reconsider the decision in accordance
with the following:
(a)
the request shall be in writing, include reasons in support of the reconsideration, and be
delivered to the Corporate Officer;
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 7
(b)
upon receipt of a complete written request for Council's reconsideration, the Business
Licence Inspector shall prepare and forward a report to both the applicant and Council
attaching the application and setting out the reasons for the Business Licence Inspector's
decision;
(c)
at a date and time set by the Corporate Officer, the applicant or licensee shall have the
opportunity to appear before Council and be heard regarding the decision of the Business
Licence Inspector; and
(d)
pursuant to a hearing under paragraph (c), Council may hear from the applicant or licensee,
the Business Licence Inspector, and from any other person who Council considers may
have relevant information. Following the hearing, Council may uphold or vary the decision
of the Business Licence Inspector or may substitute its own decision for that of the
Business Licence Inspector.
4.03
REVOKING A LICENCE
4.03.01
Council may revoke a Licence, pursuant to the Community Charter, for
"reasonable cause" after giving notice to the licensee and after giving the
licensee an opportunity to be heard.
4.03.02
The notice and opportunity to be heard referred to in Section 4.03.01 is not
required in respect to the licensee who by reasonable efforts cannot be
contacted.
4.03.03
A "Notice of Revocation" may be posted by the Business Licence Inspector
upon the premises(s) for which the Licence was issued and such notice
shall not be removed until the Licence is reinstated, the former licensee
ceases to occupy the premises(s), or a new business other than the one
carried on by the licensee is started in the premise(s).
4.04
NOTICE OF HEARING
A Notice of Hearing to revoke a Licence under Section 4.03 or to consider the granting of
a Licence under Section 2.02(d) shall be made in writing, outlining the date, time and place
of the hearing and the reason for Council's consideration to revoke or refuse the Licence,
and served on the licensee or delivered to the licensee by registered mail to the address
shown on the business licence application.
PART V - REGULATIONS
5.01
VALID LICENCE
No person shall carry on a business within the City without first:
(a)
Paying the fee for a business licence as set forth under schedule "B" of
this bylaw; and
(b)
Obtaining a Municipal Business Licence; or
Bylaw 3631, 2008
Adopted Jun 9, 2008
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 8
(c)
Obtaining a seasonal or temporary business licence; or
(d)
Being the holder of a valid Inter-Community Business Licence.
5.02
FALSE DECLARATION
Any person making an application for a Licence shall give true and correct details for the
business that the Licence is being applied for on the application form. Any false declaration
or concealment of material facts, shall be deemed an infraction of this bylaw.and shall be
liable to the penalties set forth in Part VI of this bylaw.
5.03
SOLICITING FOR CHARITY
No person shall carry on any soliciting for charity from any street or sidewalk in the City
unless in accordance with the City's Policy and Procedures or first obtaining permission
from Council.
5.04 MAGAZINE SALES
No person shall sell or offer for sale any book, magazine or periodical, other than a
newspaper, on or from any street or sidewalk in the City.
5.05
MOBILE RETAIL SELLER
Businesses classified as "mobile retail seller" as defined in Schedule A shall be
regulated as follows:
a)
shall operate on private property only at a location where such use is permitted
under the Zoning Bylaw;
b)
shall have a letter of permission from the property owner or representative;
c)
shall set up at any particular location for no longer than two (2) consecutive days
in each week of operation;
d)
shall display to any person enquiring, a copy of a valid business licence issued
by the City of Cranbrook;
e)
shall have no portable signs displayed on public property and all signs used shall
be commercial in design and shall not obstruct traffic or hinder the line of sight
along any adjacent street or sidewalk; and
f)
shall not occupy any required parking spaces as per the City's Zoning Bylaw.
Bylaw 3285, 1997
Adopted Feb 3, 1976
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 9
5.06
SALES FROM A VEHICLE
Every person who sells from a vehicle or uses a vehicle for commercial purposes shall
have his name and address affixed to a conspicuous place on both sides of the vehicle
and shall be subject to the licensing requirements of the Commercial Vehicle Licensing
Bylaw.
5.07
HOME REPAIRS
No person shall, without express instructions from the owner or occupier of the premise(s),
attend upon or canvass at any residential premise(s) for the purpose of soliciting business
that is in any way connected with home repairs or alterations.
5.08
DOOR-TO-DOOR SALES - TIME
No person shall sell or solicit business on a door-to-door basis between the hours of 9:00
p.m. and 9:00 a.m.
5.09
GENERAL CONTRACTORS AND SUB-TRADES
Every person licensed as a General Contractor shall, on the request of the Business
Licence Inspector, provide a list of all sub-trades engaged on each specific project as well
as proof of mandatory Trade Qualification Certificates for the following sub-trades:
-
plumbing, steam-fitting, pipe-fitting and sprinkler fitting;
-
roofing, damp and water proofing;
-
refrigeration;
-
sheet metal;
-
electrical; and
-
alarms and security systems
5.10
CARNIVALS AND CIRCUSES
5.10.01
A person applying for a Licence to hold a carnival or a circus on public
property shall be required by the Business Licence Inspector to obtain and
maintain comprehensive general liability insurance in the amount of Two
Million Dollars ($2,000,000). The City shall be included as an additional
named insured. The licensees shall hold the City harmless against claims,
actions for injury, damage, loss or death arising out of or resulting from the
operation of the carnival or circus. The licensee's insurer must recognize
the existence of the hold harmless clause. Proof of such insurance to the
satisfaction of the City shall be submitted to the Business Licence Inspector
prior to the issuance of a Licence.
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 10
5.10.02
Proof that all machines, rides and equipment to be used by the public at
the carnival or circus conform to the safety standards of the provincial
authority having jurisdiction shall be required by the Business Licence
Inspector before a Licence is issued, or at any time during the term of the
Licence.
5.10.03
A person applying for a Licence to hold an event on public property shall
deposit with the City a Standby Letter of Irrevocable Credit, a certified
cheque, or cash, in the amount of One Thousand Dollars ($1,000) which
shall be held by the City as security to reimburse any expenses incurred to
carry out clean-up operations or repair damage caused by the operation of
the carnival or circus. It being understood that, the City may bring legal
action against the applicant if the clean-up operations or cost of repairs
exceed the sum of One Thousand Dollars ($1,000). The security shall be
returned to the applicant upon the City being satisfied that the applicant
has carried out the necessary clean-up operations or repairs.
5.11
SECURITY AND PATROL SERVICES
5.11.01
Every person carrying on the business of watching, guarding or patrolling
for the protection of persons or property, or as a private detective shall be
required to hold a Licence as set forth in the Security Services Act.
5.11.02
All applications for security and patrol service shall be forwarded by the
Business Licence Inspector to the Royal Canadian Mounted Police prior to
the issuance of a Licence.
5.12 SOCIAL ESCORT SERVICES
Every person carrying on or operating the business of a Social Escort Service, as
defined in Schedule "A", shall:
a)
upon request supply to the Business Licence Inspector the name and age and
proof of identification of any person engaged or proposed to be engaged in the
said business; and
b)
notify the Business Licence Inspector within forty-eight (48) hours of any change
in the personnel engaged in the said business.
5.13
STREET VENDING
Every person carrying on or operating a business as a "street vendor" as defined in
Schedule "A" must adhere to the following regulations:
a)
where operating from any City sidewalk or boulevard, ensure a minimum clearance
of five (5) feet is provided at all times for pedestrian traffic;
Bylaw 3285, 1997
Adopted Feb 3, 1976
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 11
b)
shall provide waste receptacles and be responsible for cleaning all litter generated
by the operation of the business within ten (10) meters of the set-up location and
further provide a ground sheet to protect the surface beneath the cart;
c)
shall not sell from any City park without first obtaining permission from the Director
of Leisure Services;
d)
shall have proof of comprehensive general liability insurance in the amount of Two
Million Dollars ($2,000,000) with the City included as an additional named insured;
e)
shall not operate from any location within thirty (30) meters of a licensed resident
business offering for sale the same or similar items as the vendor or of any liquor
licensed establishment;
f)
shall ensure the requirements of the Ministry of Health are met;
g)
the operation shall not create or cause a fire hazard, electrical interference or traffic
congestion on the adjacent street; and
h)
the operation shall not create any noise that is disturbing to the surrounding
neighbourhood.
5.14
MERCHANT SIDEWALK SALES
Every person carrying on a resident business within the City of Cranbrook wishing to hold
a sidewalk sale relating to that business must adhere to the following conditions:
a)
operate only in the area directly in front of their licensed business premise(s);
b)
area of operation to be kept clean;
c)
pedestrian traffic is not to be impeded;
d)
shall have proof of comprehensive general liability insurance in the amount of Two
Million Dollars ($2,000,000) with the City included as an additional named insured;
e)
if food products are being sold, ensure the requirements of the local Department
of Health are met;
f)
operation must not create or cause a fire hazard, electrical interference or traffic
congestion on the adjacent street; and
g)
operation must not create any noise that is disturbing to the surrounding
neighbourhood
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 12
5.15
SECOND-HAND AND PAWN SHOPS
5.15.01
Everyone licensed under this bylaw as either a second-hand dealer or
pawnbroker shall deliver to the local police department weekly prior to noon
on Monday of each week, on a form acceptable to that police department, a
statement of all goods purchased or received by the licensee during the
preceding week, which statement shall include the following:
a)
a description including any descriptive mark, name, and serial
number of the goods:
b)
the date and time the goods were received;
c)
the name, date of birth, address and contact phone number of the
person depositing the goods and, if available, a copy of any
photographic identification produced; and
d)
the name of the employee or licensee receiving the goods.
No such statement shall be required on public holidays, but shall be
submitted the following business day.
5.15.02
No licensee shall purchase or receive in pawn any goods from any person
who is under the age of sixteen (16) years, apparently under the influence
of drugs or alcohol, or unable or unwilling to produce valid photographic
identification.
5.15.03
No licensee shall alter, sell, exchange or otherwise dispose of goods
deposited with or delivered to the licensee until after the expiration of ten
(10) clear days, exclusive of Sundays and holidays. The licensee shall keep
such goods separated from other goods located on the premises so as to
allow inspection at any time during regular business hours by the Business
Licence Inspector or police.
5.15.04
The Officer-In-Charge of the local police may waive compliance with these
regulations by so advising the licensee in writing.
5.16
TAXI DRIVER PERMITS
5.16.01
No person shall, within the City of Cranbrook, drive, operate or be in care
and control of a taxicab or other motor vehicle which is carrying passengers
for hire unless he is the holder of a valid Taxi Driver's Permit issued by the
local police.
5.16.02
The Officer-In-Charge of the local police department shall have the
authority to revoke, suspend or refuse to issue a Taxi Driver's Permit should
it be deemed to be in the public's best interest to do so.
Bylaw 3229, 1995
Adopted Aug 28 1995
Bylaw 3229, 1995
Adopted Aug 28 1995
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 13
5.16.03
Should the applicant for or the holder of a Taxi Driver's Permit have his
permit revoked, suspended or application for a permit refused, he may,
within ten (10) days of the revocation, suspension or refusal, appeal to the
Council in writing. Upon hearing the appeal, the Council may confirm or set
aside the decision to revoke, suspend or refusal to issue the Taxi Driver's
Permit.
PART VI - PENALTIES
6.01
Any person who:
(a)
contravenes any provision of this bylaw;
(b)
suffers or permits any act to be done in contravention of this bylaw; or
(c)
neglects to do anything required to be done under this bylaw,
commits an offence and each day that the contravention is continued shall constitute a
separate offence.
6.02
A person who is guilty of an offence under this bylaw is liable:
(a)
to pay a fine of up to ten thousand dollars ($10,000) and the costs of prosecution
if proceedings are brought under the Offence Act; and
(b)
compensation for damage or loss sustained by the City or another person resulting
from the offence; or
(c)
to pay a fine of up to one thousand dollars ($1,000) if the bylaw is enforced by
means of a municipal ticket information system under Part 8, Division 3 of the
Community Charter.
This bylaw rescinds Licensing Bylaw No. 2226, 1976 and all amendments thereto.
Read a first, second and third time this 19th day of November, 1994.
Adopted this 21 day of December, 1994.
___________________________
Mayor
___________________________
Deputy City Clerk
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 14
SCHEDULE "A"
INTERPRETATIONS
"Amusement Park"
means any water slide, miniature golf course; go-kart track;
bumper cars or other similar place of entertainment
"Arcade and /or Fun
Centre"
any premise(s) used for the entertainment of the public, not
including bowling alleys, dance halls, theatres, billiard halls
or any other premises containing not more than three (3)
vending machines
"Arts and Handicrafts"
any residence in or from which a person is carrying on the
business of making or producing a product or thing as a
handicraft or art form, including singing and dancing, or the
instruction of such
"Auctioneer"
any person selling property by auction (not being a Crown
Officer, selling Crown property by auction, or a Sheriff,
Sheriff's Officer or Bailiff selling lands, goods or chattels
under a judgment or in satisfaction of rent or taxes)
"Auto Body or Paint
Shop"
any premise(s) used to carry on the business of repairing
and/or painting motor vehicle bodies. The holder of this
Licence may also provide towing service
"Automobile Dealership"
any premise(s) used to carry on the business of selling or
leasing new or used automobiles, trucks and any related
automotive accessories
"Automobile Service
Station"
includes self-serve outlets and means any premise(s) used
to carry on the business of repairing, storing, and servicing of
automobiles, trucks or recreational vehicles. The sale of
related automotive accessories shall be allowed under this
Licence, however, the sale or rental of motor vehicles, chain
saws, boats, trailers, snowmobiles, motorcycles or similar
products shall require an additional Licence. Service stations
may provide a car wash, tow service and minor repairs to
vehicles without an additional Licence and convenience
goods for retail sale, providing that the convenience goods
display area does not exceed a floor area of 10m²
"Autowrecker"
means any premise(s) used to carry on the business of
wrecking or dismantling vehicles and the subsequent sale of
used parts and accessories. Tow service may also be
provided by the holder of this Licence without an additional
Licence being required
BYLAW NO. 3194
PAGE 15
"Bed and
Breakfast"
means a home-based business carried on in a single family
dwelling which provides not more than four (4) rooms for the
accommodation for sleeping purposes only of transient paying
guests
"Beer and Wine
Store"
means a retail trade store that primarily sells beer and wine
products for consumption off the premises and which is licensed
pursuant to the Liquor Control and Licensing Regulations
"Cabarets,
Nightclubs"
means an establishment where a full range of liquor products are
sold for consumption on the premises and where a dance floor and
entertainment is provided and which is licensed pursuant to the
Liquor Control and Licensing Regulations
"Campground"
means an area of land that has been designed and intended for
the temporary placement of recreational vehicles and tents to
accommodate the travelling public
"Canvasser"
means any person who sells, solicits or takes orders for the sale of
products, supplied by persons not licensed to carry on a business
in the City, which are sold or offered for sale either through mail
order from catalogues, pamphlets or brochures or from the showing
of sample products at a home other than the salesperson's via
invitation from the occupant. The products sold under this
classification include but are not limited to cosmetics, household
cleaning products, clothing, toys, cookbooks and educational
products. It does not include such things as vacuum cleaner or
encyclopedia sales
"Catering Service"
means any person supplying food or drink to banquets, parties or
other places not in a licensed restaurant. Does not apply to
person(s) already holding a subsisting licence for a restaurant or
dining room
"Concession Sales"
means any business in which light refreshments, lunches,
confectionery and tobacco, or any one of them are offered for sale
in an area that does not exceed 500 ft² and which is located in the
same premise(s) as the principal business of a different class
"Contractor"
- General
means any person who enters into a contract to construct, repair or
demolish a building, structure or thing, wherein more than one sub
trade is involved at any one time, whether or not the work is carried
out for himself or for others
- Sub
means any person who acts as a tradesman for the construction,
repairing or demolishing of a building, structure or thing
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 16
- Self-Employed
means any person who acts as his own general contractor and not
having anyone in his employ
"Dance Hall"
includes "Concert Hall, Banquet Room or other place of assembly"
and means any building, room or place where public or private
dances, concerts, banquets or other indoor assemblies are
permitted for hire or profit
"Dance and D.J.
Service"
means any person or group of persons supplying live, recorded or
taped music for the entertainment of others
"Dating Service"
means any person carrying on the business of providing
information to persons, not employed by the dating service,
desirous of meeting other persons for the purpose of social outings.
Not to include or mean "Social Escort Services"
"Delivery Service"
means every person hauling by way of vehicles of any description,
goods, wares and merchandise from one place to another and
having a premise or place of stopping or starting within the City
"Family Day Care"
means a facility for the care of children that is licensed under the
Community Care and Assisted Living Act, and is limited to the care
of eight (8) or fewer children at any one time
"Floor Area"
means that area within a building that is used for display purposes,
or to service customers, but shall not include those areas set aside
exclusively for the storage of supplies or for the use of the
employees of the business
"Games Room"
means any building, or part of any building or premise(s) already
licensed under this bylaw, set aside for the entertainment of the
public and containing not more than three (3) vending machines
"Hotel Pub/Lounge"
means an establishment located within a hotel or other premises
where liquor products are sold for consumption on the premises
and where entertainment may be provided and which is licensed
pursuant to the Liquor Control and Licensing Regulations.
"Instant Bank
Machine"
means any automatic bank machine activated by a card or other
device and located in a separate premise(s) from the bank.
"Mail Order
Agency"
means a business being operated from a commercial premise(s)
where orders are taken for the sale of goods, wares or merchandise
kept in stock for retail sale by person(s) not licensed to carry on a
business in the City
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 17
"Mobile Retail
Sellers"
means person(s) who use(s) a motor vehicle to go from place to
place offering for sale goods, merchandise or foodstuffs at locations
permitted by the City's Zoning Bylaw
"Neighbourhood
Pub"
means an establishment where liquor products are sold for
consumption on the premises only and where entertainment may
be provided, located in or near a residential zone and which is
licensed pursuant to the Liquor Control and Licensing Regulations
"Pawnbroker"
means any person who carries on the business of loaning money
against the taking of goods
"Professional"
means any person carrying on a business of a personal service to
the public that requires as a condition, percent to carrying on the
business, a licence or other statutory authorization and which is
governed by a special Act
"Public Utility"
means any gas, natural gas, electric light, water, telegraph,
telephone, cable, radio, television, power, pipeline tramway,
motorbus or any other public utility company and where any
individual company or corporation carries on more than one public
utility business, each classification shall be licensed
"Sales Agent"
means any person who sells, solicits or takes orders for the sale of
products to be supplied by persons not licensed to carry on a
business in the City and which are sold either through door-to-door
or telephone solicitation
"Book Agent"
means any person who sells or offers for sale books, magazines or
other periodicals not being Bibles or religious material, through
door-to-door or telephone solicitation
"Seasonal
Business"
means any business that by its very nature, is operable for only part
of the year and includes, but is not limited to, snowmobile rentals,
Xmas tree sales, snow removal service, bicycle tours, water parks,
etc.
"Second Hand
Dealer"
means any person carrying on the business of purchasing and / or
selling second-hand or used goods but does not include second-
hand clothing stores, thrift shops, antique furniture dealers, duly
licensed auctioneers and auction marts, flea markets or recycling
depots
"Social Escort
Service"
means any person carrying on the business of providing or
furnishing male or female escorts for social occasions
"Street Vendor"
means the business of selling food products from a cart or stand
Bylaw 3229, 1995
Adopted Aug 28 1995
Bylaw 3868, 2016
Adopted Oct 24, 2016
Bylaw 3868, 2016
Adopted Oct 24, 2016
BYLAW NO. 3194
PAGE 18
"Trade Show or
Fair"
means the carrying on of a business to organize a group of more
than five (5) merchants together in one location or building to offer
goods, wares, or merchandise for retail sale or wholesale for a
period less than fourteen (14) days
"Vending Machine"
means any device operated by the insertion of a slug or coin and
operated mechanically or electronically which dispenses goods or
used for entertainment purposes
BYLAW NO. 3194
PAGE 19
SCHEDULE "B"
to Business Licence Bylaw No. 3194, 1994
BUSINESS LICENCE FEES
BUSINESS LICENCE TYPE
FEES PLUS
APPLICABLE TAXES
Annual Business Licence *1*
$150.00
Seasonal Business Licence
$75.00
Temporary Business Licence
$75.00
Inter-Community Business Licence
(as per the fee set out in the Inter-Community Business
Licence Bylaw No. 3877, 2016)
$75.00
Transfer / Administration Fee *2*
$50.00
*1* Pro-rating information, pursuant to Section 3.04 of this Bylaw:
(a) New annual business licences may be pro-rated quarterly; and
(b) Pro-rating provisions do NOT apply to existing business licences, seasonal business
licenses or temporary business licences and Inter-Community Business Licences.
*2* Transfer/Administration fee information, pursuant to Section 3.09 of this Bylaw:
(a) Transfer or change of licence, includes but is not limited to, a change or transfer of
ownership, location, contact information, or other matter which necessitates
administrative processing of a business licence.
Bylaw 4177, 2024
Adopted Dec 13, 2024