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CONSOLIDATED BYLAW
Incorporating amendments pursuant to:
"Business Licence Bylaw No. 7670, 2017"
THIS CONSOLIDATION HAS BEEN UPDATED TO INCLUDE ALL AMENDMENTS
TO THE ORIGINAL PARENT BYLAW.
IT IS NOT THE OFFICIAL VERSION OF THE BYLAW AND IS FOR REFERENCE PURPOSES
ONLY. THIS IS NOT A LEGAL DOCUMENT.
Print date: November 20, 2025
Office of the City Clerk
Delta City Hall
4500 Clarence Taylor Crescent
T 604-952-3481 | F 604-946-3390
[email protected] |delta.ca/city-hall/bylaws
CITY OF DELTA
BYLAW NO. 7670, 2017
Consolidated Bylaw Tracking
Bylaw No.
Date
Bylaw Name
Reference
7828, 2019
2019-03-11
Delta Business Licence Bylaw No. 7670, 2017
Amendment (Shark Fin) Bylaw No. 7828, 2019
(i)
7915, 2020
2020-04-06
Delta Business Licence Bylaw No. 7670, 2017
Amendment (Rental Permit and Warehouse
Definition) Bylaw No. 7915, 2020
(ii)
8174, 2023
2023-11-06
Delta Business Licence Bylaw No. 7670, 2017
Amendment (Gaming Facility) Bylaw No. 8174,
2023
(iii)
8380, 2024
2024-05-06
Delta Business Licence Bylaw No. 7670, 2017
Amendment (Secondary Suites and Rental
Permit - P24-02) Bylaw No. 8380, 2024
(iv)
8386, 2024
2024-12-16
Delta Consolidated Fees and Charges Bylaw
No. 8386, 2024
(v)
8425, 2024
2025-10-06
Delta Business Licence Bylaw No. 7670, 2017
Amendment (Mobile Food and Beverage
Vendor) Bylaw No. 8425, 2024
(vi)
City Clerk
PART 1
CITATION AND EFFECTIVE DATE ............................................................... 5
PART 2
REPEAL .......................................................................................................... 5
PART 3
INTERPRETATION AND AUTHORITIES ....................................................... 5
PART 4
DEFINITIONS ................................................................................................. 6
PART 5
GENERAL REGULATIONS .......................................................................... 16
Licence Requirement ................................................................................................. 16
Licence Exemptions ................................................................................................... 16
Licence Application .................................................................................................... 16
Licence Fees ............................................................................................................. 18
Licence Posting ......................................................................................................... 18
Licence Periods ......................................................................................................... 18
Licence Changes ....................................................................................................... 19
Inspection .................................................................................................................. 19
Licence Terms and Conditions .................................................................................. 20
Refusal of a Licence .................................................................................................. 21
Licence Suspension or Cancellation .......................................................................... 21
PART 6
SPECIFIC PROVISIONS .............................................................................. 24
Adult Entertainment Stores ........................................................................................ 24
Alcohol and Drug Recovery House ............................................................................ 25
Animal Daycare ......................................................................................................... 25
Animal Groomer......................................................................................................... 25
Automobile Immobilizing ............................................................................................ 26
Automobile Towing .................................................................................................... 27
Automobile Wrecking, Salvage and Motor Vehicle Repair ......................................... 28
Bed and Breakfast ..................................................................................................... 29
Body Rub Studio, Body Painting Studio, and Model Studio ....................................... 30
Christmas Tree Sales ................................................................................................ 31
Contractor .................................................................................................................. 32
Donation Bin .............................................................................................................. 32
Drug Paraphernalia .................................................................................................... 32
Drug Stores and Pharmacies ..................................................................................... 33
Employment Agencies, Talent Agencies, and Recruiting Services ............................ 34
Health Enhancement Centre or Massage Parlour ..................................................... 34
Hotel .......................................................................................................................... 35
Ice Cream Vendor...................................................................................................... 36
Junk and Scrap .......................................................................................................... 37
Kennel ....................................................................................................................... 38
Landfill Gas Cogeneration Facilities .......................................................................... 38
Licensed Establishment ............................................................................................. 39
Methadone Dispensing .............................................................................................. 39
Pedlar and Vendor ..................................................................................................... 39
Pet Stores .................................................................................................................. 40
Mobile Food and Beverage Vendor ............................. Error! Bookmark not defined.
Post Box Rental Agency or Mail Drop Service ........................................................... 42
Real Estate Management .......................................................................................... 43
Restaurants ............................................................................................................... 43
Second Hand Dealer ................................................................................................. 44
Shipping Containers .................................................................................................. 45
Social Escort Services ............................................................................................... 45
Tax Buyers ................................................................................................................ 46
Thrift Store and Drop Off Box .................................................................................... 47
Transport and Delivery Service ................................................................................. 48
Vehicle Parking .......................................................................................................... 48
Vending Machines ..................................................................................................... 48
PART 7
COST RECOVERY, AND IDENTIFICATION ................................................ 49
Remedy and Cost Recovery for Default .................................................................... 49
Identification .............................................................................................................. 49
PART 8
ENFORCEMENT AND PENALTY ................................................................ 49
Fines and Penalties ................................................................................................... 49
No Duty of Care ......................................................................................................... 50
5
THE CORPORATION OF DELTA
BYLAW NO. 7670
The Municipal Council of The Corporation of Delta, in open meeting assembled,
ENACTS AS FOLLOWS:
PART 1
CITATION AND EFFECTIVE DATE
1.1.
This Bylaw may be cited as "Delta Business Licence Bylaw No. 7670, 2017".
1.2.
This bylaw comes into force and effect on November 1, 2017.
PART 2
REPEAL
2.1.
Delta Business Licence Bylaw No. 4019, 1986, and all its amendments, is
repealed.
PART 3
INTERPRETATION AND AUTHORITIES
Severability
3.1.
If a 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.
Successorship of Delegated Authority
3.2.
Words in the Bylaw directing or empowering any officer or employee of The
Corporation of Delta to do any act or thing, or otherwise applying by name of
office, includes successors in such office and any lawful deputy, and any person
who is duly appointed to act in that officer or person's place.
References to Enactments
3.3.
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
code, or bylaw refers to that enactment as it may be amended or replaced from
time to time.
3.4.
Except as otherwise indicated in this bylaw, words and phrases herein are to be
construed in accordance with their meanings in the Community Charter and the
Interpretation Act, as the context and circumstances require.
6
PART 4
DEFINITIONS
4.1.
In this Bylaw, unless otherwise specified:
Adult Entertainment Store
means a Business that operates in the manner
defined as "Adult Entertainment" in Delta Zoning
Bylaw No. 2750, 1977, as amended or replaced from
time to time.
Adult Magazine
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Alcohol and Drug Recovery
means a building that contains sleeping units for
House
persons receiving care and support for recovery from
alcohol and drug dependency.
Amusement Machine
means a machine on which mechanical, electrical,
automatic, computerized, video, online, or internet
games are played for amusement or entertainment
and for which a coin or token may be inserted or a fee
charged for use.
Animal
means any member of the animal kingdom, other than
a human being.
Animal Daycare
means a Business located within a building which
offers care for household pets, but excludes overnight
boarding and the animal shelter located at 7505
Hopcott Road or an Animal Hospital.
Animal Groomer
means a Business that provides professional hygienic
care and cleaning services to Animals, but excludes
the animal shelter located at 7505 Hopcott Road or an
Animal Hospital.
Animal Hospital
means premises where Animals receive medical and
surgical treatment as authorized under the
Veterinarians Act.
Applicant
means any person that applies for a Licence pursuant
to this bylaw.
Arcade
means a Business where five or more Amusement
Machines are made available to members of the
public for a fee.
7
Automated Teller Machine
means a machine that permits a customer to access
and use one or more financial services customarily
provided by a financial institution and includes such a
machine that is located in or affixed to any premises.
Automobile Immobilizer
means a device, including a wheel lock device, a
denver boot, or other device designed to be affixed to
the wheels or axle of a vehicle to prevent the
movement of the vehicle.
Automobile Towing
means a Business using a Tow Vehicle.
Automobile Wrecking and
means a Business involving the removal of used parts
Salvage
from vehicles for resale and disposal of the remainder
as junk, salvage, or scrap.
Bed and Breakfast
means a Business providing temporary
accommodation of paying guests, for whom meals
may also be provided as part of the paid service.
Body Rub
means the manipulating, touching, or stimulating, by
any means, of a person's body or part of the body, but
does not include medical, therapeutic, or cosmetic
massage treatment given by a person duly licensed or
registered under any statute of the Province of British
Columbia governing these activities.
Body Rub Studio
means premises where a Body Rub is performed,
offered, or requested for a fee.
Body Painting Studio
means premises where, directly or indirectly, a fee is
paid for any activity involving the application of paint,
powder, or similar materials to the body of a person.
Business
means the carrying on of a commercial or industrial
undertaking of any kind or nature, or the providing of
professional, personal, or other services for the
purpose of gain or profit.
Bylaw Enforcement Officer
means any person appointed to enforce the
provisions of this Bylaw and includes a Bylaw
Inspector.
8
Charitable Casino
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Cheque Cashing Centre
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Christmas Tree Sales
means to sell, or offer for sale, Christmas trees.
Clerk
means the Corporate Officer for The Corporation of
Delta.
Cogeneration Facility
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Contractor
means a person who undertakes to perform
construction, building, carpentry, plastering, lathing,
shingling, concrete work, or any other such work or
service for profit or gain.
Council
means the Council of The Corporation of Delta.
Derelict Vehicle
means a vehicle that:
(a)
is not licensed for the current year and is not
capable of being moved by its own motive
power; or
(b)
is reduced to parts, frames, or bodies of a
vehicle unless such vehicle or parts thereof are
situated in and enclosed by a building.
(c)
is missing parts, including, but not limited to
doors, hood, trunk, tires, bumpers, lights, or
windows.
Donation Bin
means a container or structure for donated goods.
Drug Paraphernalia
means any product, equipment, thing, or material of
any kind primarily used to produce, process, package,
store, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance as defined in
the Controlled Drugs and Substances Act, SC 1996,
c. 19.
9
Drug Store
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Dumpster Business
means a Business involving the placement and/or
emptying of dumpsters in the Municipality.
Employment Agency
means an agency or Business that finds employers or
employees for those seeking them.
Engaged
means using or used in connection with the Business
within the Municipality in any manner whatsoever,
whether as an owner, partner, employee, servant or
agent or in any other capacity on a temporary, part-
time or full-time basis.
Environmental Officer
means a person employed as such by The City of
Delta
Fireworks Vendor
means a person who engages in the Business of
display, distribution, or sale of fireworks to the general
public.
Gaming Facility
has the same meaning as in the Gaming Control Act.
Health Enhancement Centre
means a Business used to enhance health through
therapeutic touch techniques, including, but not
necessarily limited to, shiatsu, acupressure,
reflexology, bio-kinesiology, hellerwork, polarity, reiki,
rolfing, and trager, but excludes Body Rub Studios.
Hotel
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Ice Cream Vendor
means a person who sells or offers to sell ice cream,
frozen novelty products, and related food items from a
vehicle to the general public for immediate
consumption.
Junk and Scrap
means any scrap, waste, discarded material, goods or
debris whether or not stored for salvage, dismantling,
recycling, or resale.
(iii)
(v)
10
Kennel
means a Business that uses land, buildings or
structures as defined in Delta Zoning Bylaw No. 2750,
1977, as amended or replaced from time to time to
contain or board animals but excludes the animal
shelter located at 7505 Hopcott Road or an Animal
Hospital.
Licence
Licence means a valid and subsisting business
licence to carry on a Business, trade, profession or
other occupation, issued and approved pursuant to
this bylaw
Licence Fee
means the money paid as described in Schedule 4 of
Delta Consolidated Fees and Charges Bylaw No.
8386, 2024.
Licence Inspector
means the Manager of Property Use & Compliance,
or their designate.
Licensed Establishment
means any Business licensed under the provisions of
the Liquor Control and Licensing Act.
Licensee
means a person or corporation to whom a current
Licence has been issued under this bylaw.
Mail Drop Service
means a Business that collects mail at premises
owned, occupied, or used by it on behalf of a person
or persons who are not normally occupants of the
premises.
Massage Parlour
means a Business operating in the manner defined as
"Massage Parlour" in Delta Zoning Bylaw No. 2750,
1977, as amended or replaced from time to time.
Medical Health Officer
means a medical health officer designated under
section 71 of the Public Health Act.
Methadone Clinic
means a Business operating in the manner defined as
"Methadone Clinic" in Delta Zoning Bylaw No. 2750,
1977, as amended or replaced from time to time.
Methadone Dispensary
means a Business operating in the manner defined as
"Methadone Dispensary" in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
(iv)
(v)
11
Mobile Food and
Beverage Vending
Permit
means a permit issued by the City of Delta that allows
a Mobile Food and Beverage Vendor to prepare and
sell certain foods and/or beverages from approved
public locations during approved times to the general
public for immediate consumption from their Mobile
Food and Beverage Vending Unit, all in accordance
with the Mobile Food and Beverage Vendor Policy.
Mobile Food and
Beverage Vendor
Policy
means the City of Delta's Mobile Food and Beverage
Vendor Policy.
Mobile Food and
Beverage Vending
Unit
means a truck, trailer, cart, other conveyance, or thing
that is permitted to be used for selling certain foods
and/or beverages to the general public for immediate
consumption, all in accordance with the Mobile Food
and Beverage Vendor Policy.
Mobile Food and
Beverage Vendor
means a person who sells certain foods and/or
beverages to the general public for immediate
consumption from a Mobile Food and Beverage
Vending Unit.
Model Studio
means premises where, directly or indirectly, a fee is
paid for the furnishing of persons as models who pose
in a state of Nudity on the premises for the purpose of
being sketched, painted, drawn, sculptured,
photographed, or otherwise depicted, but does not
include:
(a)
a studio that functions as an educational
institution authorized under legislation of the
Province of British Columbia governing
educational institutions;
(b)
a studio that functions to provide models who
are sketched, painted, drawn, sculptured,
photographed, or otherwise depicted and the
depiction is produced for commercial purposes;
or
(vi)
12
(c)
a studio that is being operated for purely
artistic purposes.
Motor Vehicle Repair
means a Business that that provides maintenance or
repair services for motor vehicles.
Municipality
means the geographic area governed by The
Corporation of Delta.
Nudity
means the showing of the post-pubertal, human, male
or female genitals or pubic area with less than a full,
opaque covering.
Pawn
means the deposit of personal property as a pledge or
collateral security for an assessed value.
Peace Officer
means an officer, provincial constable, municipal
constable, chief constable, special municipal
constable, or special provincial constable, all of which
are defined in the Police Act
Peddle
means to sell or offer for sale merchandise to be
immediately delivered to the customer.
Pedlar
means a person who Peddles by going from door to
door, or by appointment and demonstration.
Pet Store
means a retail store where animals are offered for
sale or are sold to the public and does not include the
animal shelter located at 7505 Hopcott Road.
Pharmacy
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Polyclinic
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Post Box
means a box or other receptacle used or intended to
be used for the collection or storage of mail.
13
Post Box Rental Agency
means a Business that makes available for rent,
lease, purchase, possession, or use, one or more
Post Boxes to persons who are not normally
occupants of the premises where the Post Box or
Post Boxes are located but does not include Canada
Post.
Real Estate Management
means a Business that manages or leases multiple
residential, commercial, or industrial properties in the
Municipality.
Recognized Association of
means an organization specified by the Province of
Practitioners
British Columbia as the college for a health profession
under the Health Professions Act and includes, but is
not limited to, the College of Massage Therapists of
British Columbia.
Recruiting Service
means a Business that finds employees for employers
who are seeking employees.
Restaurant
means a Business that prepares, serves, and sells
food and beverages to the public for consumption on
the premises or elsewhere.
Sadomasochistic Behaviour
means scenes involving a person or persons, any of
whom are in a state of Nudity, who are engaged in
activities involving flagellation, fettering, binding, or
other physical restraint of any other person.
Scott Road Corridor
means the area outlined in bold in Schedule B of this
bylaw.
Seasonal Vendor
means a person or company offering merchandise for
sale for a maximum of 60 days during one calendar
year.
Second Hand Articles
means any used goods offered for sale or taken in
Pawn, including, but not limited to, the following:
(a)
used clothing, furniture, costume jewelry,
footwear, and house ware items such as
dishes, pots, pans, cooking utensils, and
cutlery; and
(iv)
(iv)
14
(b)
used books, papers, magazines, vinyl records,
compact discs, digital versatile discs and long
play records.
Second Hand Dealer
means a person carrying on the Business of buying,
selling, taking in Pawn, procuring or offering for sale
Second Hand Articles and includes the following
persons, stores, and transactions:
(a)
a person who is licensed by the Province of
British Columbia to deal in used vehicles;
(b)
a person who deals only in antiquities;
(c)
a person who only purchases, sells, or collects
recyclable materials for the sole purpose of
recycling;
(d)
a Thrift Store or charity store that receives
Second Hand Articles by donation;
(e)
transactions involving Second Hand Articles
purchased at a public auction where the
seller's name and address is recorded in the
records of the auction house;
(f)
transactions involving Second Hand Articles
purchased at a consignment store where the
seller's name and address is recorded in the
records of the consignment store;
(g)
transactions involving an exchange or trade of
one or more Second Hand Articles for one or
more Second Hand Articles where no money is
given by the dealer to the person from whom
the Second Hand Article was received; and
(h)
a person who engages in a Business of
purchasing gold, silver, or other precious
metals for credit or instant monetary return.
Sexual Act
has the same meaning as in the Motion Picture Act
Regulations.
(iv)
15
Shipping Container
has the same meaning as in Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to
time.
Social Escort Service
means the Business of providing male or female
escorts for social occasions.
Talent Agency
means a Business or agency that represents
performers, artists, or authors.
Tax Buyer
means a person carrying on the Business of
purchasing or otherwise acquiring by way of
assignment or other method, another person's right to
claim and receive a refund of tax paid under the
Income Tax Act, which is due to the other person, but
does not include a person licensed under any statute
to perform that or a similar function.
Thrift Store
means a Business that sells used goods and articles
to benefit a charitable organization.
Tow Vehicle
means a vehicle that is equipped with:
(a)
a winch and boom device or a wheel lift device
or both, and is designed for towing other
vehicles by means of that device, or
(b)
a deck that tilts and slides, a winch for self
loading not more than two vehicles onto the
deck, and either a lifting tow bar or a wheel lift
device designed for towing other vehicles by
means of that bar or device.
Transport and Delivery Service means a Business that engages in the delivery, pick
up, drop off, or transfer of goods, items, people,
Animals, or other such things and includes, but is not
necessarily limited to, couriers, taxi cabs, trucks
hauling Shipping Containers, recycling services, and
delivery vehicles of any kind.
Vending Machine
means any machine or device that:
(a)
is operated by or requires for the operation
thereof the insertion of a coin, token, currency
of any kind, credit card, or bank card, and
16
(b)
sells or dispenses a service or goods, or
provides music recreation, or amusement of
any kind whatsoever.
Warehouse
means a building where raw materials or
manufactured goods are repackaged or stored until
export or distribution.
PART 5
GENERAL REGULATIONS
Licence Requirement
5.1.
Except as otherwise provided in this bylaw, no person may carry on, maintain,
own, or operate a Business without holding a valid and subsisting Licence.
5.2.
Where a Business is carried on in or from more than one premises in the
Municipality, the Business carried on in or from each premises is deemed to be
a separate Business.
Licence Exemptions
5.3.
No Licence is required with respect to:
(a) any Business, the entire proceeds of which, above actual bona fide
expenses, are devoted to charitable purposes, as determined by the Licence
Inspector, and does not include a Charitable Casino, Methadone Clinic,
Methadone Dispensary, Pharmacy, Polyclinic, Donation Bins, or any
Business where wages are paid; or
(b) governments, but not crown corporations, specifically:
i.
Federal Ministries;
ii.
Provincial Ministries;
iii.
Metro Vancouver; or
iv.
The Corporation of Delta.
Licence Application
5.4.
All applications for a Licence pursuant to this bylaw must:
(ii)
(iv)
17
(a) be made to the Licence Inspector in the form provided for that purpose;
(b) be signed by the owner or operator of the Business or their duly authorized
agent as a sworn legal authority; and
(c) contain a true and accurate description of the following information:
i.
the nature of the Business;
ii.
the full names and civic residential addresses of all owners of the
Business;
iii.
the premises, including the civic address, from which the Business
is conducted;
iv.
an after normal business hours contact telephone number; and
v.
any other information the Licence Inspector may require with
respect to the operation of the Business and its location.
5.5.
The Licence Inspector may review the application to verify general compliance
with this bylaw and other applicable enactments. Any errors or omissions in the
information provided by the Applicant on the application will be the sole
responsibility of the Applicant.
5.6.
Prior to granting a Licence for a Business, the Licence Inspector may, at their
discretion, require all premises associated with the Business, including any
vehicles, to be approved by various departments of The Corporation of Delta,
including, but not limited to Fire & Emergency Services, Community Planning
and Development, Climate Action & Environment, and Property Use &
Compliance, as well as the Delta Police Department and the Environmental
Health Officer or Public Health Inspector.
5.7.
No Licence shall be issued to any Applicant if the use for which the Licence is
sought would be in violation of any provisions of any bylaws of The Corporation
of Delta or Federal or Provincial laws.
5.8.
The Applicant bears all responsibility to ensure that the proposed Business
complies with all applicable bylaws of The Corporation of Delta and with all other
enactments, laws, rules, codes, regulations or orders of the Government of
Canada, the Province of British Columbia, and any other authority having
jurisdiction over the proposed business.
5.9.
The issuance of a Licence is not representation by the Licence Inspector or The
Corporation of Delta that the Business complies with any bylaws of The
18
Corporation of Delta or other enactments, laws, rules, codes, regulations or
orders of the Government of Canada, the Province of British Columbia, or any
other authority having jurisdiction over the proposed business.
5.10.
The Licence Inspector may require an Applicant or Licensee to provide proof of
certification, approval or qualification required by an authority having jurisdiction
over the Business or proposed Business, including but not limited to the
Government of Canada, the Province of British Columbia and The Corporation
of Delta.
Licence Fees
5.11.
Every applicant must, at the time of making the application, pay to The City of
Delta the Licence Fee set out for their Business in Schedule 4 of Delta
Consolidated Fees and Charges Bylaw No. 8386, 2024.
5.12.
No Licence shall be issued until the payment of the Licence Fee is made.
5.13.
No reduction or refund of the annual Licence Fee will be made by The
Corporation of Delta due to any Licence holder ceasing to own or operate the
Business during the Licence year for which the Licence was issued.
5.14.
In the event a Business is found to be operating without a Licence, in addition to
any fine for an offence, The Corporation of Delta may collect the fees
appropriate for the Business for its prior years of operation, to a maximum of
three years.
Licence Posting
5.15.
The valid Licence must be posted in a conspicuous public place on the
premises, vehicle, or other article for which the Licence was issued at all times
that the Business is operating.
5.16.
For a Business operating in the Municipality without premises, the owner or
operator of the Business must provide the valid Licence, or an electronic copy of
the valid Licence, for that Business to a Peace Officer, Bylaw Enforcement
Officer, or the Licence Inspector upon request.
Licence Periods
5.17.
All Licences issued under this bylaw will be granted for an annual period, unless
stated otherwise in Schedule 4 of Delta Consolidated Fees and Charges Bylaw
No. 8386, 2024 or on the Licence itself.
(v)
(v)
19
5.18.
The annual period commences on the earlier of:
(a) the date on which the applicant for the Licence commenced the Business for
which the Licence was sought; and
(b) the date of issuance of the Licence.
Licence Changes
5.19.
An owner or operator must not make a change to a Business, including, but not
limited to a change:
(a) in location of the Business premises;
(b) to the name of the Business;
(c) to the owner or operator stated on the Licence;
(d) to the Licensee's contact information;
(e) to the nature of the Business;
(f)
in the case of a restaurant, to the seating;
(g) to any term or condition on which the Licence was issued; or
(h) that would increase the Licence Fee for the Business
without first applying to the Licence Inspector to have the Licence changed. The
same powers, conditions, requirements, and procedures relating to the granting
or refusal of a Licence shall apply to all applications for a Licence change.
5.20.
A person applying for a Licence change must, at the time of applying, pay to The
Corporation of Delta the amount by which the Licence Fee will increase.
5.21.
The powers, conditions, requirements and procedures relating to the granting or
refusal of a Licence apply to all applications for a Licence change.
Inspection
5.22.
On receipt of an application and before issuing any Licence or authorizing a
change with respect to an existing Licence, the Licence Inspector may:
(a) At a reasonable time and in a reasonable manner, inspect the premises for
which the Licence or the change to an existing Licence is sought; and
20
(b) Require the Applicant to provide proof of any certification, approval, or
qualification that may be required by a federal, provincial, or municipal
authority with respect to the Business.
5.23.
Every owner or operator of a Business must provide such information with
respect to the Business as the Licence Inspector reasonably requests for the
purpose of ensuring that the requirements of this bylaw are being fulfilled.
5.24.
Subject to section 16 of the Community Charter, the Licence Inspector may
enter the premises at a reasonable time to inspect and determine whether the
regulations and requirements of this bylaw and the Licence are being met.
Licence Terms and Conditions
5.25.
Council or the Licence Inspector may impose terms and conditions on a Licence
in addition to the terms and conditions imposed by this bylaw.
5.26.
The terms and conditions imposed on a Licence may include any one or more of
the following requirements:
(a) that the Licensee comply with a particular provision of a bylaw of The
Corporation of Delta or any other provincial or federal enactment within a
specified period of time;
(b) that the Licensee provide the Licence Inspector with evidence satisfactory to
the Licence Inspector of compliance with any provision specified by section
5.25 within a specified period of time;
(c) that a person providing a service, including, but not necessarily limited to, an
esthetician, massage therapist, or cosmetologist meet specific qualifications;
(d) that one or more public waste containers be provided and maintained on the
property of the Business, outside the Business premises;
(e) that the Business premises be brought up to the standard required for such
use by any applicable bylaws of The Corporation of Delta; and
(f)
that the Business may only operate at specified times.
5.27.
A Licensee must comply with:
(a) the terms and conditions on a Licence; and
(b) the terms and conditions imposed by this bylaw.
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5.28.
Every person who carries on a Business in the Municipality must comply with all
applicable bylaws of The Corporation of Delta, and all applicable enactments,
laws, rules, codes, regulations or orders of the Government of Canada, the
Province of British Columbia, and any other authority having jurisdiction over the
proposed business.
Refusal of a Licence
5.29.
An application for a Licence or renewal of a Licence may be refused by Council
or the Licence Inspector
(a) Where the proposed Business or any use of the land on which the Business
is proposed to be carried out would not comply with any applicable bylaw of
The Corporation of Delta; or
(b) For any other reasonable cause
provided that:
i.
the application must not be unreasonably refused; and
ii.
reasons for the refusal must be given.
5.30.
The Licensee, owner or operator of the Business must pay all outstanding fees
and fines and outstanding debts owed to The Corporation of Delta by the
Business, the Licensee, and the owner and operator of the Business before a
Licence will be issued or renewed.
5.31.
If the Licence Inspector has refused to grant a Licence, the applicant who is
subject to the decision is entitled to have Council reconsider the matter.
Licence Suspension or Cancellation
5.32.
A Licence may be suspended or cancelled by Council or the Licence Inspector
for reasonable cause. Without limiting what constitutes reasonable cause, any
one or more of the following circumstances may constitute reasonable cause:
(a) the Licensee
i.
fails to comply with; or
ii.
causes or permits the Business or the premises named in the
Licence to be operated contrary to
22
any term or condition of the Licence, this bylaw, or any other bylaw of The
Corporation of Delta;
(b) the Licensee is convicted of an indictable offence in Canada, which offence
is, in the opinion of Council or the Licence Inspector, directly related to the
Business;
(c) the Licensee has ceased to meet the lawful requirements to carry on the
Business for which the Business is licenced or with respect to the use of the
premises named in the Licence;
(d) in the opinion of Council or the Licence Inspector, the Licensee has
conducted their Business in a manner, performed a service in a manner, or
sold, offered for sale, displayed for sale, or distributed to a person actually or
apparently under the age of 16 years, anything that may be harmful or
dangerous to the health or safety of a person actually or apparently under
the age of 16; or
(e) in the opinion of Council or the Licence Inspector, the Licensee has
engaged in misconduct that warrants the suspension or cancellation of the
Licence, if the misconduct is in respect of the Business or the premises
associated with the Licence.
5.33.
If the Licence Inspector refuses, suspends, or cancels a Business Licence, the
Licence Inspector must notify the Applicant or Licensee of the notice of refusal,
suspension or cancellation and the ability to apply for reconsideration under
Section 5.37.
5.34.
If a Licence has been suspended or cancelled, the Licence Inspector may post a
notice in the form prescribed by him or her that the Business must cease
operations.
5.35.
A person must not remove the notice posted under Section 5.34.
5.36.
A suspension of a Licence is for the period determined by Council or the Licence
Inspector and may include additional conditions that apply after the suspension
period.
Reconsideration
5.37.
If the Licence Inspector refuses, suspends or cancels a Licence under this
Bylaw, the Applicant or Licensee who is subject to that decision may apply to
Council for reconsideration of the decision within 10 business days following
delivery to the Applicant or Licensee of the notice of refusal, suspension or
cancellation.
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5.38.
An application for reconsideration must be delivered in writing to the Clerk and
must set out:
(a) the name of the Business or proposed Business;
(b) the date of the request;
(c) the reasons why the person requesting reconsideration believes Council
should overturn or amend the decision by the Licence Inspector; and
(d) the decision that the person requesting reconsideration considers Council
ought to make.
5.39.
Subject to any enactment prohibiting the disclosure of personal information, the
Clerk must place each application for reconsideration on the agenda of a
Regular Meeting of Council for referral to Committee of the Whole Meeting and
notify the person requesting reconsideration of the date of the meeting at which
the reconsideration will occur.
5.40.
The person requesting reconsideration must submit to the Clerk one copy of any
written or electronic material the person wishes to present at the meeting that
has not already been delivered to the Clerk at least seven days before the day
scheduled for hearing the request for reconsideration.
5.41.
The Licence Inspector must deliver to the person requesting reconsideration a
copy of any report he or she intends to submit to Council at least 10 days before
the day scheduled for hearing the request for reconsideration.
5.42.
At the Committee of the Whole Meeting, the Committee of the Whole shall first
hear from the Licence Inspector, and/or receive any written report that was
provided to the person requesting reconsideration in accordance with Section
5.41, then hear from the person requesting reconsideration, if present, and
receive any written or electronic submissions the person submitted in
accordance with Section 5.40.
5.43.
After hearing from the Licence Inspector and the person requesting
reconsideration, if present, the Committee of the Whole may overturn, confirm or
amend the decision of the Licence Inspector or substitute its own decision.
5.44.
After Council rises from Committee of the Whole, Council may, at the same or a
subsequent meeting, confirm or amend the decision of the Committee of the
Whole or substitute its own decision.
5.45.
If an enactment prohibits the disclosure of personal information relating to the
request for reconsideration,
24
(a) the Clerk must place the request for reconsideration on the agenda of a
Closed Meeting of Council;
(b) the request for reconsideration shall be considered by Council; and
(c) the procedures established above shall apply with the necessary changes.
General Prohibitions
5.46.
A person or owner or operator of a Business must not:
(a) possess, trade, sell, or distribute by any means, shark fin or its derivative
products, with the exception of possession for bona fide educational
research purposes.
PART 6
SPECIFIC PROVISIONS
Adult Entertainment Stores
6.1.
An owner or operator of an Adult Entertainment Store must not:
(a) permit any person to be on the store premises at any time unless the person
is 18 years of age or over; or
(b) exhibit or permit to be exhibited in any window at the premises or viewed
from outside the premises, any graphic sexual material or language, sex
paraphernalia, or depiction of a Sexual Act.
6.2.
Except where the business is an Adult Entertainment Store with a Licence under
this bylaw, a person must not display or permit to be displayed an Adult
Magazine at any premises unless:
(a) all Adult Magazines are located on a shelf that is at least 47 inches from the
floor at its bottom edge; and
(b) all Adult Magazines are placed behind a sheet of opaque plastic or other
opaque substance that extends for the full length of the shelf where the
Adult Magazines are placed and vertically at least 8 inches from the bottom
of the shelf.
(i)
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Alcohol and Drug Recovery House
6.3.
No Licence will be issued for an Alcohol and Drug Recovery House without the
Licensee providing a valid criminal records check or police information check to
the Licence Inspector.
6.4.
A building used for an Alcohol and Drug Recovery House must comply with all
bylaws and regulations of The Corporation of Delta.
6.5.
The owner or operator of an Alcohol and Drug Recovery House must:
(a) keep a register book of all persons provided accommodation, including
dates of arrival and departure;
(b) require every person provided accommodation to sign the register book; and
(c) produce the register book for inspection upon the request of a Peace
Officer, Bylaw Enforcement Officer, or the Licence Inspector.
Animal Daycare
6.6.
An owner or operator of an Animal Daycare must:
(a) ensure that all dogs for which the Animal Daycare is responsible that are
required to be licenced under Delta Animal Control Bylaw No. 6893, 2010,
as amended or replaced from time to time, wear the licence tag issued for
that dog;
(b) ensure that every Animal for which the Animal Daycare is responsible for
that is not required to be licenced under Delta Animal Control Bylaw No.
6893, 2010, as amended or replaced from time to time, bears sufficient
identification to allow a person finding the Animal to contact the Animal's
owner; and
(c) not keep, board or harbour client Animals overnight.
Animal Groomer
6.7.
An owner or operator of a Business operating as an Animal Groomer must not:
(a) practice veterinary medicine as described by the Veterinarians Act; or
(b) board, harbour, or otherwise keep Animals overnight.
26
Automobile Immobilizing
6.8.
An owner or operator of an Business making use of an Automobile Immobilizer
must:
(a) display in a conspicuous place, in all locations where vehicles may be
immobilized, signs at least 35.5 centimetres by 50 centimetres with letters
and numbers at least 5 centimetres in height made of a reflective material
containing the following information:
i.
the conditions under which the parking of a vehicle will be
considered unauthorized; and
ii.
the name and 24 hour telephone number of the Business
responsible for immobilizing the vehicles at that location.
(b) ensure that once a vehicle has been fitted with an Automobile Immobilizer, a
person with the means and authority to remove the device and carrying
identification showing the authority to immobilize vehicles at the location is
on site at all times until the vehicle's owner or operator has reclaimed the
vehicle;
(c) prior to immobilizing a vehicle, place a written notice on the windshield of the
vehicle, setting out the reasons and the authority for the immobilization;
(d) for the enforcement of time limited parking, wait 5 minutes for every 15
minutes of regulated time parking, prior to immobilizing a vehicle;
(e) maintain a written record, available to a Peace Officer, Bylaw Enforcement
Officer, or the Licence Inspector upon request, of all vehicles that have been
immobilized, identifying the vehicle and the times when the vehicle was
immobilized and released from immobilization; and
(f)
provide evidence, satisfactory to the Licence Inspector, that the owner or
operator has comprehensive general liability insurance of at least
$2,000,000.00, which includes a cross-liability clause and specifies The
Corporation of Delta as an additional insured.
6.9.
An owner or operator of Business making use of an Automobile Immobilizer
must not:
(a) immobilize a vehicle and tow the vehicle for the same offence;
27
(b) charge more than a total of $30.00 plus applicable taxes for the combination
of installation and removal of an automobile immobilizing device; or
(c) use an Automobile Immobilizer in parking stalls designated as disabled
parking, or in designated fire lanes.
Automobile Towing
6.10.
An owner or operator of an Automobile Towing Business must:
(a) ensure that the Tow Vehicle has the name of the Automobile Towing
Business or the owner and the Business telephone number permanently
fixed to the side of the cab in lettering at least 10 centimetres in height and
kept clear and legible at all times;
(b) not remove any vehicle from private property without the consent of the
vehicle's owner unless:
i.
at least one sign is conspicuously displayed on the property,
including at the entrance to the property, at the time of towing the
vehicle. The sign must:
a)
state the conditions under which the parking of vehicles
will be considered unauthorized and that unauthorized
vehicles will be towed;
b)
state the name and telephone number of the automobile
towing Business that will be removing the unauthorized
vehicles;
c)
be coated with a reflective material so that it is clearly
visible at all times;
d)
be not less than 40 centimetres by 60 centimetres in size
with letters and numbers not less than 5 centimetres in
height; and
e)
be located not more than 2.75 metres nor less than 2
metres above grade measured from the bottom of the
sign.
ii.
the vehicle is taken to a lighted impound lot protected by a fence of
at least 1.8 metres in height with a locked gate and a 24 hour
telephone answering service; and
28
iii.
the owner or occupier of such property provides a written request
for the vehicle's removal in advance utilizing the form attached as
Schedule A with all information on the form provided; or
iv.
the vehicle is subject to trespass and the owner or occupier of
such property provides a written request for the vehicle's removal
in advance utilizing the form attached as Schedule A with all
information on the form provided.
(c) respond at the impound lot within 60 minutes for the purpose of releasing
the impounded vehicle to the vehicle's owner after receiving a telephone call
from a vehicle owner whose vehicle is stored at the impound lot;
(d) not charge rates for removing vehicles from private property and
subsequently storing them that are higher than fees, costs and charges set
out under the Motor Vehicle Act Lien on Impounded Motor Vehicle
Regulation as amended or replaced from time to time;
(e) not charge more than $40.00 plus applicable taxes to let down the vehicle
prior to it being towed from the private property if the vehicle's owner arrives
after the Tow Vehicle operator has secured the vehicle;
(f)
wait 72 hours after impounding a vehicle before incurring any costs
associated with a title search or disposal of the vehicle under any
requirements of the Warehouse Lien Act as amended or replaced from time
to time;
(g) prior to impounding a vehicle, notify the Delta Police Department of the
impoundment, giving a full description of the vehicle, its licence plate and
vehicle identification number and the location where the vehicle was
impounded and the location to which it was towed; and
(h) maintain a record, to be produced at the request of a Peace Officer, Bylaw
Enforcement Officer, or the Licence Inspector, of all impounded vehicles that
remain unclaimed or uncollected for more than 14 days after impounding,
including a full description of the vehicle and its licence plate and vehicle
identification number.
Automobile Wrecking, Salvage and Motor Vehicle Repair
6.11.
An owner or operator of an Automobile Wrecking and Salvage Business or
Motor Vehicle Repair Business must:
(a) maintain a permanent building of at least 100 square metres on the property
of the Business, which must contain an office together with washroom and
cleanup facilities for employees;
29
(b) where open storage is permitted:
i.
maintain a screen of either buildings, solid decorative fencing, or
landscaping around the storage area at least 2.5 metres high; and
ii.
store materials in the storage area not more than 3.5 metres high
and within 5 metres of the screen not more than 2.5 metres high.
(c) keep the premises in a clean, orderly, uncluttered, and unobstructed
condition;
(d) keep any building or fence on the premises in good and sufficient repair and
properly painted;
(e) not store or park a Derelict Vehicle outside the Business property;
(f)
not permit a Derelict Vehicle to be visible from an adjacent property or the
property line between 10:00 pm on the first day and 6:00 am on the second
day.
(g) park all vehicles that are being, or may be, rebuilt, either presently, or in the
future, so that the vehicles are not visible from an adjacent property or the
property line.
(h) not allow or permit any by-products or materials of the Business to escape
from the property or enclosure, including, but not necessarily limited to, oil
based products, paints, and antifreeze;
(i)
maintain an accurate record on the premises, to be provided to a Peace
Officer, Bylaw Enforcement Officer, or Licence Inspector upon request, of
the vehicle identification numbers and the serial numbers of all automobiles
and equipment bearing these numbers, the date and time the automobile
and equipment was received, and identification of the person from whom the
vehicle or equipment was received;
(j)
maintain an accurate record on the premises, to be provided to the Licence
Inspector upon request, of proper hazardous disposal and oil-water
separator servicing by an authorized hazardous waste handling business;
and
(k) Open the lid of the oil-water separator for inspection purposes at the request
of the Licence Inspector or an Environmental Officer.
Bed and Breakfast
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6.12.
An owner or operator of a Bed and Breakfast must:
(a) provide to the Licence Inspector the number of bedrooms intended for the
operation and whether meals are to be provided;
(b) maintain records of all patrons, pursuant to the Hotel Guest Registration Act,
to be provided upon request to a Peace Officer, Bylaw Enforcement Officer,
or the Licence Inspector;
(c) post a copy of the fire evacuation plan, showing the location of exits, fire
extinguishers, and smoke detectors, in each guest room;
(d) request inspection of the premises at the time the Licence application is
made;
(e) accommodate no more than six patrons at the premises at any one time;
and
(f)
provide one designated parking spot for each bedroom, to be used
exclusively for patron vehicles.
Body Rub Studio, Body Painting Studio, and Model Studio
6.13.
An owner or operator of a Body Rub Studio, Body Painting Studio, or Model
Studio must:
(a) provide the name, age, address, and description of every person proposed
to be employed or engaged in the Business upon request to a Peace
Officer, Bylaw Enforcement Officer, or the Licence Inspector; and
(b) notify the Licence Inspector within 24 hours of any change in the personnel
employed or engaged in the Business.
6.14.
An owner or operator of a Body Rub Studio, Body Painting Studio, or Model
Studio must not:
(a) employ or engage any person in the Business without first receiving the
approval of the Licence Inspector;
(b) employ any person at the premises unless that person is 19 years of age or
over;
(c) permit any person to be on the premises at any time unless the person is 19
years of age or over;
31
(d) permit any person to enter or remain on the premises between the hours of
12:00 midnight and 8:00 a.m.;
(e) permit any person engaged in providing a Body Rub at the premises to
perform a Body Rub unless the person is wearing clean, washable, non-
transparent outer garments covering the body between the neck and the top
of the knee;
(f)
lock exterior doors permitting access to the premises while a patron is in the
premises;
(g) exhibit the body of any person in any window on or about the premises; or
(h) exhibit or permit to be exhibited any sign outside of the premises showing
nude body or part of a nude body or any printed words that might indicate
that the premises is a place that offers any form of sexual or nude
entertainment.
6.15.
Every application for a Licence for a Body Rub Studio, Body Painting Studio, or
Model Studio must be accompanied by a floor plan of the entire premises in the
scale and detail as may be prescribed by the Licence Inspector.
6.16.
When any alterations are made to the premises, revised plans must be
immediately filed with the Licence Inspector.
6.17.
Every room used for Body Rub, body painting, or nude photography must:
(a) not be less than 8 feet by 8 feet;
(b) not be equipped with a locking device on any door to the room;
(c) not have any means by which a person may view the interior of the room
from the outside of the room other than a door providing entrance to the
room; and
(d) be equipped with lighting of at least 50 foot candle power at all points in the
room, which must remain 'on' when the door is closed.
Christmas Tree Sales
6.18.
An owner or operator of a Christmas Tree Sales Business must:
(a) locate the Business so that there is no visual obstruction to vehicular traffic
or pedestrians or nuisance to the community;
32
(b) not make sales before November 15 of any given year;
(c) provide to the Licence Inspector written permission for Christmas Tree Sales
from the property owner; and
(d) once Christmas Tree Sales are completed, leave the site in a clean and
presentable condition.
6.19.
A person who carries out Christmas Tree Sales and who is also licensed as a
nursery for the same premises is not required to pay an additional Licence Fee
for Christmas Tree Sales.
Contractor
6.20.
Every person licensed as a Contractor must, within two weeks of delivery of a
written request by a Bylaw Enforcement Officer or the Licence Inspector, provide
a list of all sub-trades engaged on each specific job.
Donation Bin
6.21.
An owner or operator of a Donation Bin Business must:
(a) keep the area around the Donation Bin clear of any rubbish or discarded
materials, as defined in Delta Property Enhancement Bylaw No. 7055, 2012,
as amended;
(b) place on each Donation Bin, the name and valid phone number of the
person or Business responsible for the pickup, removal, processing, and
cleanup of the Donation Bin;
(c) not locate any Donation Bin on property, right-of-way, or other land owned
by The Corporation of Delta;
(d) not place a Donation Bin within 1.5 metres of a property line;
(e) notify the Licence Inspector, upon request, of the address where each
Donation Bin is located; and
(f)
provide to the Licence Inspector written permission for the Donation Bin
from the property owner where the Donation Bin is located.
Drug Paraphernalia
6.22.
An owner or operator of any Business must not:
33
(a) display or permit to be displayed on a street or in any window facing a
street, or elsewhere that can be seen by any person from outside the
premises, any Drug Paraphernalia; or
(b) sell Drug Paraphernalia to any person under the age of 19 years except
where the premises is a Pharmacy.
Drug Stores and Pharmacies
6.23.
A Licence for a Drug Store shall only be issued where such a Business is
located no less than 400 metres from any lot line of a lot occupied by a Drug
Store, Polyclinic containing a Drug Store, or a Pharmacy within a food store or
department store.
6.24.
A Licence for a Pharmacy associated with a Drug Store shall only be issued
where proof that the Pharmacy manager as defined in the Pharmacy Operations
and Drug Scheduling Act, SBC 2003 is a registered member in good standing of
the College of Pharmacists of British Columbia and a valid pharmacy licence
issued by the College of Pharmacists of British Columbia is provided to the
Licence Inspector.
6.25.
A Licence for a Drug Store shall not be issued until a dimensioned floor plan
illustrating the general retail floor area and dispensary area is approved by the
Director of Community Planning and Development for The Corporation of Delta.
6.26.
For any Polyclinic, a separate Licence is required for each medical service.
6.27.
For any Pharmacy located within a food store or department store, a separate
Licence is required for the Pharmacy.
Dumpster Business
6.28.
An owner or operator of a Dumpster Business must:
(a) notify the Licence Inspector, upon request, of the address where each
dumpster is located;
(b) ensure each dumpster is locked, except for when it is being loaded or
unloaded, and except for dumpsters located at multi-family residential
property, on agricultural property, within a secure structure or fenced
compound at an industrial or commercial property, or when the dumpster is
functioning as a temporary demolition bin;
(c) ensure the area in the immediate vicinity of each dumpster is free and clear
of any material, garbage, offensive odours, or overflow from the dumpster;
34
(d) maintain each dumpster free from graffiti;
(e) post their name and contact information on each dumpster;
(f)
maintain each dumpster in good repair; and
(g) keep each dumpster off of public rights-of-ways and roadways.
Employment Agencies, Talent Agencies, and Recruiting Services
6.29.
An owner or operator of an Employment Agency, Talent Agency, or Recruiting
Service must:
(a) provide evidence satisfactory to the Licence Inspector that the owner or
operator has obtained a licence as required under the Employment
Standards Act R.S.B.C 1996, c. 113 as amended or replaced from time to
time; and
(b) comply with the requirements of the Employment Standards Act R.S.B.C
1996, c. 113 as amended or replaced from time to time.
Health Enhancement Centre or Massage Parlour
6.30.
An owner or operator of a Health Enhancement Centre or Massage Parlour must
not:
(a) employ any person to administer services of any type of massage or
treatment, including, but not limited to shiatsu, acupressure, reflexology, bio-
kinesiology, hellerwork, polarity, reiki, rolfing, and trager approach, or any
other therapeutic touch technique, unless that person holds valid
membership in a Recognized Association of Practitioners or course
documentation satisfactory to the Licence Inspector;
(b) employ any person to administer a therapeutic touch technique, including,
but not limited to those described in section 6.30(a) unless the person is
qualified in that respect and has not been convicted of an offence under
sections 212 or 213 of the Criminal Code;
(c) employ any person to administer a therapeutic touch technique, including,
but not limited to those described in section 6.30(a) unless the person is at
least 19 years of age;
(d) operate between the hours of 12:00 midnight and 8:00 a.m.;
35
(e) permit any person engaged in providing any type of massage treatment as
described in section 6.30(a) at the premises to perform such treatment
unless the person is wearing clean, washable, non-transparent outer
garments covering the body between the neck and the top of the knee, the
sleeves of which do not reach below the elbows;
(f)
lock exterior doors permitting access to the premises while a patron is in the
premises; or
(g) allow any employee or other person on the premises to engage in or offer to
engage in an act of prostitution.
6.31.
Every application for a Licence for a Health Enhancement Centre or Massage
Parlour must be accompanied by a floor plan of the entire premises in the scale
and detail as may be prescribed by the Licence Inspector.
6.32.
When any alterations are made to the premises, revised plans must be
immediately filed with the Licence Inspector.
6.33.
Every room used for any type of massage treatment as described in section
6.30(a) must:
(a) not be less than 8 feet by 8 feet;
(b) not be equipped with a locking device on any door to the room;
(c) not have any means by which a person may view the interior of the room
from the outside of the room other than a door providing entrance to the
room; and
(d) be equipped with lighting of at least 50 foot candle power at all points in the
room, which must remain 'on' when the door is closed.
Hotel
6.34.
An owner or operator of a Hotel must:
(a) comply at all times with The Residential Standards of Maintenance Bylaw
No. 6262, 2004, as amended or replaced from time to time.
(b) maintain records of all patrons, to be provided upon request to a Peace
Officer, Bylaw Enforcement Officer, or the Licence Inspector, including:
i.
dates of arrival and departure;
ii.
name and home address; and
36
iii.
if the guest is travelling by vehicle, the trade name of the vehicle,
the vehicle's licence number, and the province or state in which the
vehicle's licence was issued.
(c) take all reasonable steps to eradicate infestations of insects, bugs, rodents,
and all other pests to the satisfaction of the Licence Inspector.
Ice Cream Vendor
6.35.
An Ice Cream Vendor must:
(a) obtain written approval from the provincial agency responsible for health and
the safe handling of food products;
(b) meet all applicable provincial health regulations;
(c) provide a garbage container and pick up all garbage and debris resulting
from the Ice Cream Vendor located within 25 metres of the vehicle being
used in the Business;
(d) maintain the vehicle being used in the Business in good repair;
(e) only stop the vehicle being used in the Business in the course of business
while actively engaged in making a sale;
(f)
move to another location once all customers have been served;
(g) provide to the Licence Inspector the name, age, address, birth date, and sex
of all persons employed in the Business;
(h) provide to the Licence Inspector a Police Information Check for all persons
employed in the Business; and
(i)
provide evidence satisfactory to the Licence Inspector of comprehensive
general liability insurance coverage of at least $2,000,000.00.
6.36.
An Ice Cream Vendor must not:
(a) stand or locate within 100 metres of any premises offering for sale the same
or similar items as the Ice Cream Vendor;
(b) sell products outside of residential zones as described in "Delta Zoning
Bylaw No. 2750, 1977", as amended or replaced from time to time;
(c) sell products in parks, beaches, or on or adjacent to school grounds;
37
(d) operate before 8:00 a.m. or after 9:00 p.m.;
(e) allow or permit any member of the general public to be inside the vehicle
being used in the Business;
(f)
allow the amplified sound from the vehicle being used in the Business to be
played at a higher level than 60 decibels measured 15 metres in front of the
vehicle;
(g) allow the amplified sound to play from the vehicle being used in the
Business while the vehicle is stopped; or
(h) allow any other person inside the vehicle being used in the Business.
Junk and Scrap
6.37.
An owner or operator of a Business that has scrap metal as a by-product and
operates in other than an industrial zone as described in "Delta Zoning Bylaw
No. 2750, 1977", as amended or replaced from time to time, must:
(a) contain its surplus scrap completely in a building or behind a walled or
fenced area as approved by the Licence Inspector; and
(b) not permit surplus scrap to be piled higher than the approved wall or fence.
6.38.
An owner or operator of a Junk and Scrap Business must:
(a) maintain records of all Junk and Scrap bought or received, to be provided
upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence
Inspector, which shall include:
i.
the precise date and time at which each piece of Junk and Scrap
was bought or received;
ii.
an account and description of each piece of Junk and Scrap
bought or received;
iii.
the amount paid or consideration provided for each piece of Junk
and Scrap bought or received, or the details of other arrangements
made for considerations;
iv.
the name, address, place of residence, and description of the
person from whom the Junk and Scrap was bought or received, to
be supported by picture identification; and
38
v.
the make, description, and provincial licence plate number of any
vehicle used for delivery of any Junk and Scrap to the Junk and
Scrap Business.
(b) maintain records, to be provided upon request to a Peace Officer, Bylaw
Enforcement Officer, or the Licence Inspector, of all Junk and Scrap
disposed of at a landfill or other disposal site;
(c) at the request of a Peace Officer, Bylaw Enforcement Officer, or the Licence
Inspector, present for viewing by the Peace Officer, Bylaw Enforcement
Officer, or the Licence Inspector, either in person or by electronic means,
Junk and Scrap in the Junk and Scrap Business owner or operator's
possession; and
(d) display and maintain the Junk and Scrap Business owner's name and
address plainly and visibly in English lettering on the front of the Junk and
Scrap Business premises and on both sides of any vehicle used in carrying
on the Junk and Scrap Business.
Kennel
6.39.
The operator of a Kennel must:
(a) reside on the parcel on which the Kennel is located;
(b) ensure that all dogs for which the Kennel is responsible that are required to
be licenced under Delta Animal Control Bylaw No. 6893, 2010, as amended
or replaced from time to time, wear the licence tag issued for that dog; and
(c) ensure that every Animal for which the Kennel is responsible for that is not
required to be licenced under Delta Animal Control Bylaw No. 6893, 2010,
as amended or replaced from time to time, bears sufficient identification to
allow a person finding the Animal to contact the Animal's owner.
Landfill Gas Cogeneration Facilities
6.40.
The operator of a greenhouse Business with a Cogeneration Facility accessory
use fueled by landfill gas must:
(a) submit to The Corporation of Delta, at six month intervals commencing six
months from the date of the commissioning of the Cogeneration Facility, air
emissions audits prepared by a professional engineer qualified in air
emissions matters, demonstrating that landfill gas only is used to fuel the co-
generation process;
39
(b) submit annually to The Corporation of Delta, until equipment is installed in
the Cogeneration Facility pursuant to Section 6.40(c), a report prepared by a
professional engineer qualified in air emissions matters, assessing the
current state of carbon dioxide scrubber technology for co-generation
facilities fueled by landfill gas and operated in conjunction with the
production of food for human consumption, and the cost-effectiveness of
installing commercially available scrubber equipment in the Cogeneration
Facility and;
(c) within one year of being directed to do so by The Corporation of Delta on the
basis of a report under Section 6.40(b) indicating its cost-effectiveness on a
commercial scale, install carbon dioxide scrubber equipment in the
Cogeneration Facility, and thereafter operate and maintain such equipment
so as to perform its intended function to reduce carbon dioxide emissions.
Licensed Establishment
6.41.
An owner or operator of a Licensed Establishment must:
(a) ensure that signs warning of fetal alcohol syndrome are installed in
accordance with "The Corporation of Delta Fetal Alcohol Syndrome Warning
Sign Bylaw No. 4820, 1991", as amended or replaced from time to time; and
Methadone Dispensing
6.42.
A Licence for a Methadone Clinic or a Methadone Dispensary shall only be
issued where such a Business is located in a public hospital.
6.43.
An owner or operator of a Pharmacy must not offer a cash incentive or other
inducement for dispensing methadone.
Pedlar and Vendor
6.44.
A person must not:
(a) peddle:
i.
on or from a highway;
ii.
from a vehicle that is stopped or parked on a highway or on public
or private property;
iii.
on or from a sidewalk;
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iv.
on or from a parking lot;
v.
outside of a building; or
vi.
on or from a property owned by The Corporation of Delta or a
right-of-way owned by The Corporation of Delta.
(b) peddle food or food products without written approval from the provincial
agency responsible for health and the safe handling of food products;
(c) peddle while going from place to place or from house to house before 9:00
a.m. or after 6:00 p.m.; or
(d) peddle onto premises where signage exists that states "no soliciting".
6.45.
When using a vehicle or vessel to Peddle, a person must:
(a) have their name and address clearly displayed in a conspicuous place on
both sides of such vehicle or vessel;
(b) keep such vehicle or vessel in clean condition;
(c) not use the portion of such vehicle or vessel where goods for sale are kept
for any purpose other than the storing, transporting, and exposing for sale of
such goods.
(d) have obtained approvals from the Fraser Health Authority, the Director of
Engineering, and the Delta Police Department prior to commencing the
Peddle operation and prior to obtaining a Licence.
Pet Stores
6.46.
An owner or operator of a Pet Store must:
(a) ensure that all animals are provided with sufficient water, food, shelter,
space, warmth, lighting, cleaning, sanitation, exercise, grooming, veterinary
care, and any other care required to maintain the health, safety, and well-
being of such animals;
(b) maintain records of all transactions in which Animals, with the exception of
fish, have been acquired or disposed of by the Pet Store, to be provided
upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence
Inspector, including:
i.
the name, address, and telephone number of the person or
corporation from whom the Animal was acquired;
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ii.
the date the Animal was purchased or acquired;
iii.
a description of the species, breed, sex, age, and colouring of the
Animal purchased or acquired and, where applicable, the tattoo or
microchip number or other identifying markings;
iv.
the date the Animal was sold or otherwise disposed of by the Pet
Store; and
v.
where an Animal has been sold, a receipt that includes proof of
sale with the purchaser's name and contact information;
vi.
where an Animal has been disposed of other than by sale, a
receipt showing the method, location, and reason for such
disposition.
(c) not sell, offer for sale, or display to the public any Animal that:
i.
is not a domestic animal as defined by the Community Charter; or
ii.
is a dog, cat, or lagomorpha, such as rabbits, hares, or pikas with
the exception of those animals offered for adoption from an animal
rescue society as approved by the Licence Inspector or the Delta
Community Animal Shelter.
Mobile Food and Beverage Vendor
6.47.
A Mobile Food and Beverage Vendor must:
(a) ensure that the Mobile Food and Beverage Vending Unit:
i.
does not exceed four square metres in area;
ii.
is capable of being moved on its own wheels without alteration or
preparation, although it may be towed by a vehicle;
iii.
is fully self-contained with no service connection, other than
electrical service, provided the Mobile Food and Beverage
Vending Unit is located no more than two metres from the point of
electrical connection, and the electrical requirement has been
approved by the City.
iv.
Does not interfere with or block any exit or walkway;
v.
is kept in good repair;
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vi.
meets all applicable provincial health regulations;
vii.
is not located on a vacant property.
(b) provide a garbage container and pick up all garbage and debris resulting
from the Mobile Food and Beverage Vendor Business located within 25
metres of the Mobile Food and Beverage Vending Unit;
(c) provide written permission from the property owner to the Licence Inspector
for the use of the property if operating a Mobile Food and Beverage Vendor
Business on private property;
(d) discharge of all greywater stored in the wastewater holding tank into a
sanitary sewer connection as approved by the Licence Inspector.
(e) only park an unattached trailer that is used as a Mobile Food and Beverage
Vending Unit in public locations, or on private property, in accordance with
the Mobile Food and Beverage Vendor Policy and this bylaw; and
(f)
obtain a Mobile Food and Beverage Vending Permit if intending to operate
in public locations. This permit is subject to the fees outlined in the
Consolidated Fees Bylaw.
Post Box Rental Agency or Mail Drop Service
6.48.
An owner or operator of a Post Box Rental Agency or Mail Drop Service must:
(a) maintain a complete and accurate written record on the Business premises
of the name and permanent residential address of every customer who
rents, leases, owns, has possession of, or has the use of a Post Box into
which mail is deposited, or on behalf of whom mail is otherwise collected:
(b) obtain from every customer a statement of whether or not the customer
intends to use the Post Box or Mail Drop Service for Business purposes and
include that statement as part of the record;
(c) where the customer is a corporation, firm, or business proprietorship,
maintain, as part of the record, an accurate record of the name and address
of at least one person authorized to represent the corporation, firm, or
business proprietorship;
(d) include as part of the record proof of identity by picture identification,
including the details of each form of picture identification, from every person
referred to in section 6.48(a) and (b); and
43
(e) produce the record for inspection upon the request of a Peace Officer,
Bylaw Enforcement Officer, or the Licence Inspector.
Real Estate Management
6.49.
An owner or operator of a Real Estate Management Business must:
(a) provide to the Licence Inspector a complete record of the properties
managed by the Business in the Municipality, including the number of
properties managed, the location of each property, and the individual
characteristics of each property; and
(b) notify the Licence Inspector of any changes to the properties managed by
the Business within 14 days of such changes being made.
(c) Remove, within 30 days, any signage related to a Business that no longer
occupies or operates from a premises that is managed by the Real Estate
Management Business.
(d) Remove any signage advertising the availability of available space for lease
or rent within 14 days of that space being leased or rented.
Restaurants
6.50.
An owner or operator of a Restaurant must:
(a) receive approval from Fraser Health prior to operating;
(b) not receive a high hazard rating or failing grade on an inspection conducted
by Fraser Health;
(c) clean out grease traps as frequently as required so as to prevent obstruction
of the sanitary sewer by food waste;
(d) submit a grease trap inspection report upon the request of an Environmental
Officer; and
(e) open the lid of the grease trap for inspection purposes at the request of an
Environmental Officer.
(i)
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Second Hand Dealer
6.51.
A Second Hand Dealer must not:
(a) buy or receive any Second Hand Article where the serial number or other
identifiable marking has been wholly or partially tampered with or removed;
(b) buy or receive any Second Hand Article from any person if that person:
i.
does not present picture identification;
ii.
sells goods for a person who is not in possession of picture
identification and this is known to the Second Hand Dealer;
iii.
is, or appears to be, under the influence of alcohol or drugs; or
iv.
is under the age of 18 years.
(c) buy or receive any Second Hand Article from any person before 8:00 a.m. or
after 6:00 p.m.
6.52.
A Second Hand Dealer must:
(a) maintain records of all Second Hand Articles bought or received, to be
provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the
Licence Inspector, which shall include:
i.
the precise date and time at which each Second Hand Article was
bought or received;
ii.
an account and description of each Second Hand Article bought or
received, including a notation of all distinctive marks and names
on each Second Hand Article;
iii.
the amount paid or consideration provided for each Second Hand
Article bought or received, or the details of other arrangements
made for considerations;
iv.
the name, address, place of residence, and description of the
person from whom the Second Hand Article was bought or
received, to be supported by picture identification; and
v.
the make, description, and provincial licence plate number of any
vehicle used for delivery of any Second Hand Article to the Second
Hand Dealer.
45
(b) at the request of a Peace Officer, Bylaw Enforcement Officer, or the Licence
Inspector, present for viewing by the Peace Officer, Bylaw Enforcement
Officer, or the Licence Inspector, either in person or by electronic means,
Second Hand Articles in the Second Hand Dealer's possession; and
(c) display and maintain the Second Hand Dealer's name and address plainly
and visibly in English lettering on the front of the Second Hand Dealer's
premises and on both sides of any vehicle used in carrying on the Second
Hand Dealer's Business.
Shipping Containers
6.53.
An owner or operator of a Shipping Container Business must:
(a) Have a traffic management plan approved by the Licence Inspector to
address overflow traffic onto a public roadway, prior to being issued a
Licence.
(b) Comply with the approved traffic management plan referred to in Section
6.55 (a), unless otherwise directed by a Peace Officer, Bylaw Enforcement
Officer, or the Licence Inspector.
6.54.
The traffic management plan referred to in Section 6.55 may be reviewed and
revised at any time at the discretion and direction of the Licence Inspector.
Social Escort Services
6.55.
An owner or operator of a Social Escort Service must:
(a) provide the name, age, address, description, and a copy of picture
identification of every person employed or proposed to be employed or
engaged in the Business upon request to a Peace Officer, Bylaw
Enforcement Officer, or the Licence Inspector;
(b) notify the Licence Inspector within 24 hours of any change in the personnel
employed or engaged in the Business; and
(c) maintain, to the satisfaction of the Licence Inspector, a written record of
every request to provide or furnish an escort or partner, including the
following information:
(i)
46
i.
name of the person requesting the service;
ii.
age of the person requesting the service;
iii.
name of the escort or partner recommended; and
iv.
the function attended.
6.56.
An owner or operator of a Social Escort Service must not:
(a) employ or engage any person in the Business without first receiving the
approval of the Licence Inspector; or
(b) employ or engage any person in the Business unless that person is 19 years
of age or older.
Tax Buyers
6.57.
A person operating as a Tax Buyer must:
(a) ensure that the amount a person is to receive from the Tax Buyer is clearly
indicated as a gross amount and as a percentage that the gross amount
represents of the original amount of the tax refund;
(b) contact the taxpayer if the Tax Buyer receives an income tax refund for an
amount exceeding the amount assigned by the taxpayer by more than
$10.00, advising the taxpayer of the refund so that the refund may be
remitted to the taxpayer;
(c) clearly state the following information on all forms used by the Tax Buyer in
a transaction with a taxpayer:
i.
this is an outright purchase of the tax refund and is not a loan;
ii.
there are no fees charged by the Tax Buyer for this transaction
other than those stated in section 6.59(a); and
iii.
the taxpayer may cancel this transaction within 48 business hours
without charge or penalty upon return by the taxpayer of all funds
received from the Tax Buyer for this transaction.
47
(d) ensure that every form used by a Tax Buyer in a transaction with a taxpayer
includes:
i.
the address of the year-round office of the Tax Buyer and, if no
year-round office exists, where the Tax Buyer is a corporation
incorporated under the laws of the Province of British Columbia, its
registered address for service, and, where the Tax Buyer is an
individual, the permanent place of residence of the Tax Buyer;
ii.
the date of the transaction;
iii.
the signatures of both the Tax Buyer and taxpayer; and
iv.
a clear statement that the taxpayer is 18 years of age or over,
signed by the taxpayer.
(e) provide the taxpayer with a copy of the transaction form, either handed to or
delivered, prior to the time the taxpayer executed the assignment of the tax
refund; and
(f)
clearly post in a conspicuous place on the Business premises, the
information in section 6.59(c).
Thrift Store and Drop Off Box
6.58.
An owner or operator of a Thrift Store or Drop Off Box must:
(a) ensure that the area surrounding the Thrift Store or Drop Off Box is kept
clean and clear;
(b) provide written approval from the owner of property where a Drop Off Box is
located on commercially zoned property as described in "Delta Zoning
Bylaw No. 2750, 1977";
(c) disclose the ownership and address of each Drop Off Box, the name of the
Business, charity, or person removing articles from the Drop Off Box, and
the name and address of any Business or premises where the articles from
the Drop Off Box will be processed for redistribution or sale; and
6.59.
To receive an exemption under Section 5.3(a), an owner or operator of a Drop
Off Box must provide information satisfactory to the Licence Inspector that the
proceeds of the Drop Off Box above bona fide expenses are devoted to
charitable purposes.
48
Transport and Delivery Service
6.60.
An owner or operator of a Transport and Delivery Service must:
(a) hold a Licence for all vehicles carrying on a Transport and Delivery Service
except for any vehicle that is only used to deliver goods into the Municipality
and does not pick up goods in the Municipality for delivery either within or
outside the Municipality.
6.61.
An operator of a vehicle for a Transport and Delivery Service must provide the
valid Licence, or an electronic copy of the valid Licence, for that Business to a
Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector upon
request.
Vehicle Parking
6.62.
A Business must not utilize parking spaces that are required under "Delta Zoning
Bylaw No. 2750, 1977", as amended or replaced from time to time, for the
storage or parking of recreational vehicles, boats, trailers, storage containers,
shipping containers, or anything other than transient parking of motor vehicles
between 10:00 pm on the first day and 6:00 am on the second day.
6.63.
A person or Business must not park more than one vehicle insured for a
business purpose, as defined by the Insurance Corporation of British Columbia,
on a public roadway in a residential zone as defined by Delta Zoning Bylaw No.
2750, 1977, as amended or replaced from time to time, between 10:00 pm on
the first day and 6:00 am on the second day.
Vending Machines
6.64.
An owner or operator of any Business or other premises in the Municipality
must:
(a) not keep, or permit to be kept, any Vending Machine unless the Vending
Machine is licensed under the provisions of this;
(b) not permit the number of Vending Machines owned or kept upon the
premises to be increased without first notifying the Licence Inspector in
writing; and
(c) provide a list to the Licence Inspector upon request, of all Vending Machines
owned or operated.
49
PART 7
COST RECOVERY, AND IDENTIFICATION
Remedy and Cost Recovery for Default
7.1.
Where in this Bylaw any activity, matter or thing is required to be done by any
person, in default of it being done by such person, such activity, matter or thing
may be done by The Corporation of Delta at the expense of the person in
default, and the expense may be recovered from the person as a debt owing to
The Corporation of Delta. Without limiting the foregoing, where The Corporation
of Delta provides work or service in relation to land or improvements, any costs
incurred by The Corporation of Delta that are not recovered from the property
owner by December 31st may be collected in the same manner as for property
taxes.
Identification
7.2.
When requested to do so by a Peace Officer, Bylaw Enforcement Officer, or the
Licence Inspector, a person must correctly state their name and address and the
name and address of the owner of the Business.
7.3.
A person must not obstruct a Peace Officer, Bylaw Enforcement Officer, or the
Licence Inspector during the enforcement of this bylaw.
PART 8
ENFORCEMENT AND PENALTY
Fines and Penalties
8.1.
A person who:
(a) contravenes, violates or fails to comply with any provision of this bylaw;
(b) suffers or allows any act or thing to be done in contravention of this bylaw;
or
(c) fails or neglects to do anything required to be done under this bylaw;
commits an offence and upon conviction shall be liable to a fine of not more than
Ten Thousand ($10,000.00) Dollars, and where the offence is a continuing one,
each day that the offence is continued shall constitute a separate offence.
8.2.
This bylaw may be enforced:
(a) by a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector;
50
(b) by means of a ticket in the form prescribed for the purpose under the
Community Charter, and fines imposed for offences under The Corporation
of Delta Municipal Ticketing Information Bylaw No.6639, 2007, as amended;
(c) by proceedings brought under the Offence Act; or
(d) by means of a bylaw notice as authorized by the Local Government Bylaw
Notice Enforcement Act and fines imposed for offences under Delta Bylaw
Notice Enforcement Bylaw No. 7009, 2011, as amended.
8.3.
A Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector may refer
any disputed tickets to the Provincial Court and may represent The Corporation
of Delta in any related proceedings.
No Duty of Care
8.4.
Neither failure to enforce this Bylaw, nor any error, omission, or other neglect in
relation to a Permit issued to this Bylaw, shall be interpreted as giving rise to a
cause of action in favour of any person.
READ A FIRST time the
18th
day of
September, 2017.
READ A SECOND time the
18th
day of
September, 2017.
READ A THIRD time the
18th day of
September, 2017.
FINALLY CONSIDERED AND ADOPTED the 16th day of October,
2017.
"Lois E. Jackson"
_________________________
Lois E. Jackson
Mayor
"Robyn Anderson"
_________________________
Robyn Anderson
Municipal Clerk
51
Schedule "A"
to Delta Business Licence Bylaw No. 7670, 2017
REQUEST FOR REMOVAL OF VEHICLE
FROM PRIVATE PROPERTY
I, ________________________, of ________________________
[name]
[address of property]
_________________in Delta, British Columbia, hereby state as follows:
1. I am the owner or occupier of the above described property;
2. I hereby request the removal of the following motor vehicle from the above
described property:
Make: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Model: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licence Number: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Province or State: . . . . . . . . . . . . . . . . . . . . . . . . . . .
DATED at Delta, British Columbia
this . . . . . . day of . . . . . . . . . . . . . . . , 201 .
Signature of Owner or Occupier
52
Schedule "B"
to Delta Business Licence Bylaw No. 7670, 2017