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City of Duncan
Business Licence Regulation Bylaw No. 3117, 2014
(With Amendments to July 3, 2018)
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for
all interpretations and applications of the bylaws of this subject
This Bylaw has been consolidated for convenience and includes amendments from:
Bylaw No. 3117.01 - Adopted January 4, 2016
Bylaw No. 3117.02 - Adopted July 3, 2018
Business Licence Regulation Bylaw No. 3117 - Consolidated to July 3, 2018
Page 1 of 4
CITY OF DUNCAN
BYLAW NO. 3117, 2014
A BYLAW TO REGULATE BUSINESS LICENCES
NOW THEREFORE the Council of the City of Duncan in open meeting assembled, hereby
ENACTS AS FOLLOWS:
1.
Title
This Bylaw may be cited as the "Business Licence Regulation Bylaw No. 3117, 2014."
2.
Definitions
"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, but does not include an activity carried on by
the government, its agencies or government owned corporations.
"Director of Finance"
Means the person appointed by Council to administer this bylaw.
"Food Cart"
Means a portable, self-contained trailer with a maximum width of
2.5 m and a maximum length of 8.0 m that is equipped to cook,
prepare or serve and offer food or beverages for sale to the public,
but does not include a food cart.
"Food Trailer"
Means a motorized, mobile, self-contained vehicle with a
maximum width of 2.5 m and a maximum length of 8.0 m that is
equipped to cook, prepare, or serve, and offer for sale food or
beverages to the public, but does not include a food trailer or food
cart.
"Inter-municipal
Business Licence
Agreement"
Means the agreement attached to and forming part of the "Inter-
municipal Business Licence Agreement Bylaw 1955, 2003.
"Inter-municipal
Licence"
Means a Business Licence issued by the Licence Inspector of
the City of Duncan or another participating Municipality, to carry
on Business within the boundaries of any participating
municipality and issued pursuant to the Inter-municipal Business
Licence Agreement.
"Licence"
Means a Licence to carry on Business issued pursuant to
Section 7 of this Bylaw.
"Mobile Food Vending
Business"
Means a licensed mobile Business that offers food or beverages
for sale to the public from a mobile food vending unit.
"Mobile Food Vending
Unit"
Means a food cart, food trailer, or food truck.
"Participating
Municipality"
Means a municipality which is party to the Inter-municipal
Business Licence Agreement.
Amend# 3117.02
Amend# 3117.02
Amend# 3117.02
Amend# 3117.02
Business Licence Regulation Bylaw No. 3117 - Consolidated to July 3, 2018
Page 2 of 4
3.
Licence Requirement
3.1
No person shall carry on a Business within the City of Duncan unless a valid
and subsisting Licence has been issued for the Business.
3.2
A person who carries on Business from more than one location shall obtain a
Licence under this Bylaw for each Business location.
3.3
No person shall carry on a mobile food vending Business within the City of
Duncan unless a valid and subsisting Business Licence has been issued for
each mobile food vending unit in operation.
4.
Licence Application
4.1
The owner or operator of every Business shall make application to the Director
of Finance for a Business Licence prior to commencing operation.
4.2
An application for a mobile Business shall be treated as an application for an
Inter-municipal Licence.
4.3
The Director of Finance may require an applicant for a licence to provide proof
of certification, approval, or qualification required by a federal, provincial, or
local government authority having jurisdiction over the proposed business.
4.4
It is an offence under this bylaw to provide incorrect or misleading information
on an application for a licence or renewal of a licence.
5.
Licence Fees
5.1
Business Licence fees shall be in accordance with those specified within the Fees
and Charges Bylaw.
5.2
A penalty, in accordance with the "Fees and Charges Bylaw" as amended from
time to time, will be added to each unpaid Business Licence as at March 1 in each
year.
5.3
For new Businesses applying after July 1 in any year, the fee may be reduced to
one-half the annual fee.
5.4
If an application for a Licence is withdrawn in writing prior to issuance of the
Licence, the Licence fee may be refunded to the applicant.
5.5
No Licence fee shall be refunded after the issuance of a Licence.
5.6
When a person begins to carry on a Business prior to July 1 in any year and fails
to apply for a Licence until after July 1 in that year, the Licence fee shall not be
reduced.
Amend# 3117.01
Amend# 3117.01
Amend# 3117.02
Business Licence Regulation Bylaw No. 3117 - Consolidated to July 3, 2018
Page 3 of 4
6.
Licence Periods
6.1
Business Licences shall be issued for a calendar year and shall expire on
December 31 of each year.
7.
Licence Issuance and Conditions
7.1
When the Director of Finance is satisfied that an applicant complies with the
requirements of this bylaw, and with the bylaws and policies of the City of
Duncan, as well as any federal and provincial enactments, the Director of
Finance shall issue the Licence in accordance with the application.
7.2
Every Licence issued under this Bylaw is deemed to be a personal Licence
granted to the Licencee, to carry on the Business specified in the Licence from
the premises specified in the Licence, and is not transferable to any other
person.
7.3
The owner or operator of a Business shall not change the location of the
Business without first obtaining a transfer of the Licence for that Business in
accordance with Section 8 of this Bylaw.
7.4
Every owner or operator of a Business shall notify the Director of Finance of
any change in that person's mailing address and any change in the name of
the Business within 14 days of such change.
7.5
The owner or operator of every Business shall post and maintain in a
conspicuous place on the Business premises or the chattel in respect of which
the Licence is issued, the Licence issued for that Business.
7.6
Every owner or operator of a business shall comply with all bylaws of the City
of Duncan and all applicable laws, rules, codes, regulations, and orders of all
federal or provincial authorities having jurisdiction over such business.
7.7
The Director of Finance or Council may grant a licence imposing terms and
conditions relating to the following:
a) Requirements for preparation and submission of surveys, reports and
audits;
b) The nature and volume of specified materials which may be kept within
business premises;
c) Protection of the environment;
d) Establishment of funds for cleanup and remediation purposes;
e) Public safety;
f) Requirements for the posting of reasonable security to ensure
compliance with terms and conditions of the licence; and
g) Use of city streets or property (including, but not limited to roads, parking,
parking lots, boulevards, and sidewalks).
Amend# 3117.01
Amend# 3117.01
Amend# 3117.02
Amend# 3117.02
Business Licence Regulation Bylaw No. 3117 - Consolidated to July 3, 2018
Page 4 of 4
7.8
A mobile food vending Business shall only be permitted to operate on lands
zoned commercial or community use.
7.7.1 Notwithstanding section 7.7, a mobile vending unit is not permitted to
operate within 50 m of the parcel line of a parcel that contains an existing
food service operation without first acquiring written support from the
business owner.
7.7.2 Notwithstanding section 7.7, a mobile vending unit is not permitted
to operate within 100 m of an elementary school, unless written permission
from the school administrator has first been obtained.
7.9
A mobile food vending unit must not impede or endanger vehicle or pedestrian
traffic.
7.10
A mobile food vending unit is not permitted to operate within 150 m of an
event held on public property for which permission has been granted by the
City of Duncan, unless validly licensed and operating prior to the event, or
approved by the event organizers.
7.11
A food cart in operation must be hand or foot propelled.
7.12
A food cart or food trailer may be delivered and picked up by vehicle.
8.
Licence Transfers
8.1
No person shall change the location of a Business unless application for a
Licence transfer is made to the Director of Finance and is approved by the
Director of Finance prior to the change in location.
8.2
A Licence transfer shall not be approved unless the Director of Finance is
satisfied that the premises to which the Business is proposed to be relocated
complies with the building, zoning, health, sanitation and Business regulation
bylaws of the City of Duncan.
9.
Licence Renewals
9.1
Each year following the calendar year in which a Licence is first issued, a
Licence renewal form may be forwarded to the holder of every Licence.
9.2
No Licence holder shall carry on Business without renewing the Licence and
paying the annual fee prior to March 31 in each year that the Business is
carried on.
9.3
When the annual Licence fee is not paid in accordance with Section 9.2, the
Licence shall be deemed to be revoked.
Amend# 3117.02
Amend# 3117.02
Amend# 3117.02
Amend# 3117.02
Amend# 3117.02
Business Licence Regulation Bylaw No. 3117 - Consolidated to July 3, 2018
Page 5 of 4
10.
Licence Suspensions
10.1
The Director of Finance may, in accordance with Section 60 of the Community
Charter and subject to the right of reconsideration provided in Section 60(5)
the Community Charter, suspend a Licence for the period determined by the
Director of Finance if the holder of the Licence:
(a) is not in compliance with any municipal bylaw or applicable laws, rules,
codes, regulations, or orders of a federal or provincial authority having
jurisdiction over such business or premises for which the holder is licenced;
or
(b) has ceased to meet the lawful requirements to carry on the Business or
with respect to the premises named in the Licence.
10.2
When a Licence has been suspended or revoked, the Director of Finance may
post a notice of suspension or notice of revocation on the premises in respect
of which the Licence was issued, prohibiting the continued operation of the
Business from those premises.
11.
Inspections
11.1
The Director of Finance, Building Inspector, Bylaw Enforcement Officer, and
Chief Administrative Officer are authorized to enter upon any property at all
reasonable hours, to ascertain whether the requirements of this Bylaw are
being observed.
12.
Enforcement
12.1
Every person who violates a provision of this Bylaw, or who consents, allows
or permits an act or thing to be done in violation of a provision of this Bylaw, or
who neglects or refrains from doing anything required by a provision of this
Bylaw, is guilty of an offence and is liable, upon summary conviction, to a fine
not exceeding $10,000 and not less than $100.00.
12.2
Each day that a violation continues or exists under this Bylaw is a separate
offence.
13.
Repeal
13.1
"Business Licence Bylaw No. 1960, 2003" and all amendments thereto are
hereby repealed.
PASSED FIRST READING 2014-MAR-17
PASSED SECOND READING 2014-MAR-17
PASSED THIRD READING 2014-MAR-17
ADOPTED 2014-APRIL-22
Phil Kent, Mayor
Karen Robertson,
Director of Corporate Services
Amend# 3117.01
Amend# 3117.01