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G:\3700 - 4699 Legislative and Regulatory Services\3900 Bylaws\Consolidated Copies\Consolidated Business Licence Bylaw\Business Licence and Regulation Bylaw No. 688, 2007 - Consolidated.docx
DISTRICT OF ELKFORD
BYLAW NO. 688
Consolidated for convenience with:
Bylaw 828, 2020
Bylaw 811, 2018
Bylaw 791, 2016
A Bylaw Respecting the Granting of Licences and the
Regulating of Businesses within the District of Elkford
WHEREAS the Community Charter SBC Chapter 26 provides that Council may, by bylaw,
regulate in relation to business;
AND WHEREAS the Community Charter SBC Chapter 26 provides that Council may in
regulating under the Act establish a system of licences, permits or approvals;
AND WHEREAS Council considers it in the public interest to regulate and licence businesses
within the Municipality;
AND WHEREAS the Community Charter SBC Chapter 26 provides that Council may, by
bylaw, delegate its powers, duties and functions to an officer or employee of the District, which
delegation may include the authority to suspend or cancel a business licence;
AND WHEREAS in accordance with Community Charter SBC Chapter 26 Council has given
notice of its intention to adopt this bylaw by placing advertisements in the local newspaper, the
District newsletter, and on the District's bulletin boards, and has provided an opportunity for
persons who consider they are affected to make representations to Council;
NOW THEREFORE, Council of the District of Elkford in open meeting assembled enacts as
follows:
Citation
1.1
This bylaw may be cited for all purposes as "Business Licence and Regulation Bylaw,
No. 688, 2007".
Definitions
2.1
For the purposes of this Bylaw, the following definitions shall apply:
Annual Municipal Business Licence means the Municipal Business Licence issued for
a period of one year, from January 1 to December 31, or a part therof. [Added by Bylaw
791, 2016]
Business means carrying on a commercial or industrial undertaking of any kind or
nature or the providing of professional, personal, or other services or the letting for rent
more than two residential suites or units in any one building, for the purpose of gain or
profit.
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Bylaw Enforcement Officer means any person appointed from time to time by District
Council
Cannabis Retail means the Use of a premises to dispense, sell, or distribute cannabis
or any product containing cannabis for any purpose including medical use and excludes
a Cannabis Production Facility or a Medical Marihuana Production Facility. [Added by
Bylaw 811, 2018]
Cannabis Production Facility means a business or service growing, cultivating,
germinating, producing, storing, warehousing or packaging any product or thing
containing cannabis. [Added by Bylaw 811, 2018]
Carnival means an itinerant exhibition, show or production temporarily located in the
District, which offers to the public amusement rides, circus performances, games of
skill or chance, or other similar entertainment.
Contractor means a person who carries on the business of performing construction,
alteration or repair work upon a building, structure or other improvement.
District means the District of Elkford.
Fire Inspector means every member of the Elkford Fire Rescue Service whose duties
include fire prevention, fire suppression, and emergency response, and who is
authorized by the Director, Fire Protection and Emergency Services to carry out fire
inspections in the District.
Home-Based Business means a business carried on in a residential dwelling only by
a resident of that dwelling.
Inter-Community Business Licence ("ICBL") means a business licence which
authorizes a Mobile Business to be carried on within the boundaries of any or all of the
Participating Municipalities in accordance with the Inter-Community Business Licence
Bylaw. [Added by Bylaw 791, 2016]
Licence means a valid and subsisting business licence issued pursuant to this Bylaw.
Licensee means the person who holds a licence.
Licence Inspector means the Chief Administrative Officer, or the person designated
by the Chief Administrative Officer as the person responsible for business licensing.
Mobile Business means a business that performs a service within more than one
Participating Municipality and who provides the service by travelling from customer to
customer, or transporting customers, rather than having customers attend at their
premises. [Added by Bylaw 791, 2016]
Mobile Vendor means a person who, either on his own account or as an officer,
servant, or agent of another, sells or offers for sale goods from a mobile truck or other
vehicle, or from another temporary structure.
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Non-Resident Business means a Mobile Business that does not maintain Premises in any
of the Participating Municipalities. [Added by Bylaw 791, 2016]
Participating Municipality means the following municipalities: [Added by Bylaw 791,
2016]
The District of Elkford
The Corporation of the City of Fernie
The District of Sparwood
Premise(s) means a building, portion of a building or an area of land where a
business is carried on.
Principal Municipality means the Participating Municipality where a business has
Premises, or where a Non-Resident Business obtains a Municipal Business Licence and
that issues a Non-Resident Business an ICBL. [Added by Bylaw 791, 2016]
Resident Business means a business carried on, in or from premises within the
District, other than a Home-Based Business.
Youth Business means a business where the operator is under the age of 18.
[Added by Bylaw 828, 2020]
Youth Licence means a licence issued to a business where the operator is under the
age of 18 at the time of licence issuance or renewal. [Added by Bylaw 828, 2020]
DIVISION 1 - BUSINESS LICENSING
Licence Requirements
3.1
For the purposes of this bylaw, any person who conducts any business within the
District shall be deemed to be operating or carrying on a business and shall require a
licence.
3.2
Except as exempted by this bylaw, no person shall operate or carry on a business
within the District without holding a current licence issued under this bylaw to that
person for that business.
3.3
Every person who operates a business from more than one premise in the District
must apply for and maintain a separate licence in respect of each premise.
3.4
Every person who operates more than one business at one premise must apply for and
maintain a separate licence in respect of each business. For certainty, if the same
person in a single premise operates two or more businesses, a separate licence is
required for each business.
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3.5
A licence is not required for:
i)
a performance, concert, exhibition or entertainment, the entire proceeds of which,
above actual expenses, are devoted to a charitable purpose in Elkford;
ii)
a performance, concert, exhibition, entertainment or concession which is held in
a licensed theatre or other licensed place;
iii)
all participants in a craft fair, or a trade show, or a farmers' market hosted by the
District of Elkford, Elkford Chamber of Commerce, or a local non-profit
organization. [Revised by Bylaw 791, 2016]
iv)
a non-profit organization from Elkford or the Elk Valley whose revenues are used
solely for charitable or benevolent purposes in support of Elkford residents.
3.6 Where a Mobile Business is carried on in more than one Participating Municipality, with
the District of Elkford being the Principal Municipality, and the business meets the criteria
set forth in the Inter-Community Business Licence Bylaw No. 792, 2016, such business
will be deemed eligible to apply for an Inter-Community Business Licence. [Added by
Bylaw 791, 2016]
3.7
Any person who conducts a Youth Business shall require a Youth Licence. [Added by
Bylaw 828, 2020]
Licence Application
3.8
An application for a licence shall be made on the prescribed application form for
Resident Business, Non-Resident Business, or Home-Based Business.
3.9
Every licence application for a Resident Business shall be accompanied by a fire
safety inspection report, completed by a Fire Inspector. A satisfactory inspection for
fire safety is required as a condition of the issuance of any licence to carry on a
business that will occupy real property in the District. It is the responsibility of the
applicant to obtain the satisfactory inspection report.
3.10
Every licence application for a Resident Business shall be accompanied by
confirmation of approvals from other regulatory agencies that provide approvals for the
business, such as the Health Inspector or the Liquor Licensing Board.
3.11
Every licence application for a Home-Based Business which provides a service on
the residential property, where the public accesses the property to obtain the service,
must obtain a fire safety inspection report, completed by a Fire Inspector. It is the
responsibility of the applicant to obtain the satisfactory inspection report.
3.12
The licence application form shall be delivered to the District Office and shall be
accompanied by the fee prescribed in Schedule "A" to this bylaw.
Licence Fee
3.13
No reduction or refund of the annual licence fee paid pursuant to this bylaw shall be
made by the District to any Licensee ceasing to own or operate the business for
which the licence was issued, nor will there be any refund in the event a business
licence is cancelled or suspended.
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Licence Issuance
3.14
The Licence Inspector may grant a licence hereunder when satisfied that the
business has complied with all building, zoning, health, sanitation and business
licensing requirements of the District and other agencies.
3.15
A licence authorizes only the person named in the licence, or his employees, to carry
on only the business described in the licence, and only at the premises or locations
described in the licence.
3.16
Issuance of a licence is not a representation or warranty that the licensed business or
the business premises complies with the bylaws of the District or with any other
regulations or standards.
Refusal of a Licence
3.17
An application may be refused by the Licence Inspector in any specific case, provided
that:
(a)
the application may not be unreasonably refused; and
(b)
the Licence Inspector must give written reasons for the refusal.
3.18
If the Licence Inspector refuses to grant a licence, the applicant who is subject to the
decision is entitled to have Council reconsider the matter within thirty days.
Terms and Conditions of a Licence
3.19
The Licence Inspector or Council may impose terms and conditions with respect to a
licence granted under this bylaw. The terms and conditions imposed on a licence may
include any one or more of the following:
(a)
a requirement that the Licensee comply with a particular provision of a
Municipal bylaw or any other Provincial or Federal enactment within a specified
period of time; and
(b)
a requirement that the Licensee provide to the Licence Inspector within a
specified period of time evidence satisfactory to the Licence Inspector of
compliance with a particular provision of a Municipal bylaw or any other
Provincial or Federal enactment with respect to that Business.
Suspension or Cancellation of a Licence
3.20
Council hereby delegates authority to the Licence Inspector the power to suspend or
cancel a business licence.
3.21
A licence may be suspended or cancelled by the Licence Inspector for reasonable
cause.
3.22
Without limiting what constitutes reasonable cause, any one or more of the following
circumstances may constitute reasonable cause:
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(a)
the Licensee fails to comply with this bylaw or a term or condition of the
licence.
(b)
the Licensee is convicted of an indictable offence in Canada, which offence is,
in the opinion of the Licence Inspector, directly related to the business;
(c)
the Licensee is convicted of an offence under any Municipal bylaw or Provincial
or Federal enactment in respect of the business for which the Licensee is
licensed or with respect to the premises for which the licence was issued; or
(d)
the Licensee has ceased to meet the lawful requirements to carry on the
business for which the Licensee is licensed or with respect to the premises for
which the licence was issued.
3.23
When the Licence Inspector suspends or cancels a licence, the Licensee must be
given notice of the suspension or cancellation and be given an opportunity to appear
before Council within 30 days if the Licensee would like to ask that Council
reconsider the suspension or cancellation, but such notice and opportunity to be heard
are not required in respect of the Licensee who cannot be found despite reasonable
efforts made by the Licence Inspector.
Licence Period
3.24
Annual licences issued in 2007 are deemed to expire December 31, 2007. Licences
issued after December 31, 2007 will be issued for a period of not greater than one
calendar year and shall commence on the 1st day of January and expire on the 31st
day of December of each year, unless otherwise indicated on the licence.
3.25
One-day temporary licences may be granted for a mobile vendor or carnival in
accordance with the fees specified in Schedule "A".
Licence Renewal
3.26
Each person who holds a valid annual licence for an active business in the District
shall renew such licence at the conclusion of the valid annual licence period and pay
the fees specified by January 31 of each year.
3.27
[Deleted by Bylaw 791, 2016]
Licence Changes
3.28
Every Licensee shall notify the Licence Inspector in writing within thirty (30) days of
termination of operation of the business.
3.29
No Licensee shall make a change to a business including but not limited to:
(a)
a change in location of the business premises,
(b)
a change to the business name,
(c)
a change to the controlling ownership interest,
(d)
a change to the type of business,
(e)
a change to any term or condition on which the licence was issued, or
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(f)
a change that would increase the licence fee prescribed for the business in
Schedule "A" without first applying to the Licence Inspector to have the licence
changed, on a form prescribed by the District. The powers, conditions,
requirements and procedures relating to the granting or refusal of a licence
shall apply to all such applications for a licence change.
3.30
A person applying for a licence change must, at the time of making the application, pay
to the District the amount by which the licence fee under Schedule "A" will increase.
3.31
In addition to the fee set out in section 3.28, a Licensee applying for a change of
business as identified in clause 3.27, must pay to the District a change fee as
prescribed in Schedule "A".
3.32
An application to relocate an existing Resident Business or Home-Based Business
to a new location may require a fire inspection report as per clause 3.7 or clause 3.9.
Licence Posting
3.33
Every Resident Business or Home-Based Business must post the licence in a
conspicuous place to which the public has access at the premises for which the
licence is issued.
3.34
Where the Non-Resident Business Licensee has no permanent business premises in
the District, the licence shall be carried upon the Licensee's person at all times when
the Licensee is engaged within the District in the business for which the licence was
issued.
Inspection
3.35
Every Licensee shall permit reasonable access by the Licence Inspector or Bylaw
Enforcement Officer to any premises for which a licence is sought or has been
granted, and shall 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.
Insurance
3.36
Before a licence may be issued in respect of a carnival when held elsewhere than in a
licensed theatre or other licensed place, the applicant must provide written proof of
five million dollars ($5,000,000) comprehensive public liability insurance and property
damage insurance, in a form acceptable to the Licence Inspector and if the location of
the carnival is on property owned by a public body, the said public body must be
named on the insurance policy as a named insured.
3.37
Before a licence may be issued to a business that applies pesticides or herbicides, the
applicant must provide written proof of two million dollars ($2,000,000) comprehensive
public liability insurance and property damage insurance, in a form acceptable to the
Licence Inspector.
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DIVISION 2 - BUSINESS REGULATION
Street Address
4.1
Every Licensee who operates from premises located in the District shall prominently
display, in figures not less than 100 mm in height, the street address assigned by the
District to such premises.
Vending Machine Licence
4.2
Every holder of a licence to carry on the business of owning, operating, or maintaining
one or more vending machines shall keep a notice affixed to each machine stating the
Licensee's name, address and telephone number.
Mobile Vendor Business
4.3
Every person carrying on a business as a mobile vendor:
(a)
shall locate their vehicle or temporary structure on private property and shall not
allow their vehicle or temporary structure to stand on any highway in the District
to conduct their business, unless authorized in writing by the Licence Inspector
to locate on a highway in the District; and
(b)
shall provide to the Licence Inspector upon request, written permission from the
owner of the property on which the mobile vendor's vehicle or temporary
structure is located, indicating that the mobile vendor has permission to use the
property and that the owner, operator and employees of the mobile vendor may
access the washroom facilities on that property; and
(c)
shall have the business name and permanent address displayed, satisfactory to
the Licence Inspector:
-
in a conspicuous place on every vehicle used for conducting the business,
-
in a conspicuous place on a temporary structure used for conducting the
business; and
(d)
shall provide on site receptacles for garbage, and dispose of the garbage in an
appropriate manner; and
(e)
shall not operate between the hours of 9:00 p.m. and 8:00 a.m., unless
authorized in writing by the Licence Inspector; and,
(f)
shall not be or become a nuisance by generating excessive odours, music, light,
or noise.
Door-to-Door Salesman
4.4
No person, other than a volunteer from a non-profit organization from Elkford or the Elk
Valley as exempted in clause 3.5 iv), shall carry on business through unsolicited visits
to any residential premises in the District.
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Contractors
4.5
Every person licensed, as a contractor shall provide to the Licence Inspector, upon
request, a list of all sub-trades engaged on each specific job, on a form prescribed by
the Licence Inspector. Failure, neglect or refusal to submit such list within two weeks
of delivery of such request shall be an infraction of this Bylaw and render such
contractor liable to the penalties hereby imposed.
Special Event Business
4.6
A carnival shall only be located in an area designated as a park or school in the District
of Elkford Official Community Plan, as amended, unless authorized by the Licence
Inspector to be located in another area. Before a licence may be issued, the applicant
must provide written proof of authorization to use the park or school property in a form
acceptable to the Licence Inspector.
Home-Based Business
4.7
A Home-Based Business must be operated in a manner that is accessory and
subordinate to the residential use and does not alter the residential appearance or
character of the building in which it is located.
Cannabis Retail, Cannabis Production Facility and Medical Marihuana Production
Facility [Added by Bylaw 811, 2018]
4.8
Where there is a licence application for a Cannabis Retail, Cannabis Production
Facility or a Medical Marihuana Production Facility, despite section 3.12, Council will
be the licence granting authority and may grant a licence hereunder after public
consultation and when satisfied that the business has complied with all building, zoning,
health, sanitation and business licensing requirements of the District and other
agencies.
DIVISION 3 - GENERAL REGULATIONS
Classification
5.1
For the purposes of this bylaw, businesses are classified in accordance with Schedule
"A" to this bylaw and as permitted under the current District of Elkford Zoning Bylaw
and any amendments thereto.
Offences and Penalties
5.2
Every person who:
(a)
owns, operates or carries on a business for which a licence is required
pursuant to this bylaw without holding a current licence for that business;
(b)
fails to display a current licence as required pursuant to this bylaw;
(c)
fails to provide any information or documentation as required pursuant to this
bylaw;
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(d)
carries on or remains open for business after receiving notice that a licence
has been suspended or cancelled or after the licence has expired;
(e)
fails to comply with the terms and conditions of a licence issued to that person
under this bylaw;
(f)
violates any provision of this bylaw;
(g)
suffers or permits any act or thing to be done in contravention or violation of any
of the provisions of this bylaw; or
(h)
neglects to do or refrains from doing anything required to be done by this bylaw
shall be deemed to have committed an offence under this bylaw and shall be liable to
the penalties hereby imposed.
5.3
Every person who commits an offence against this bylaw is punishable on summary
conviction by a fine or a penalty of not more than the maximum provided by the Offence
Act.
5.4
Each day that a violation continues is a separate offence against this bylaw.
Severability
5.5
If any provision of this bylaw is held to be invalid, the invalid portion shall be severed
from the bylaw and that invalidity shall not affect the remainder of the bylaw.
Repeal
5.6
This bylaw shall come into effect on the date of its final adoption.
5.7
The District of Elkford Business Licence Bylaw No. 230, 1983 and all its amendments
thereto are hereby repealed.
Read a first time this 10th day of December 2007.
Read a second time this 10th day of December 2007.
Read a third time this 10th day of December 2007.
Adopted this 18th day of December 2007.
Original signed
original signed
Mayor McKerracher
N. Everett, Director, Corporate Services
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District of Elkford Business Licence and Regulation Bylaw
Schedule "A"
Bylaw No. 688, 2007
Effective January 1, 2017 [Revised by Bylaw 791, 2016]
A.
Annual Municipal Business Licence
Initial Application
$100.00
Renewal
$100.00
B.
Temporary Business Licence
One Day Licence
$25.00 for each day
C.
Business Licence Change Fee
$25.00
D.
Annual Business Licence for a Cannabis Retail, Cannabis Production Facility
or a Medical Marihuana Production Facility [Added by Bylaw 811, 2018]
Initial Application
$1000.00
Renewal
$100.00
E.
Youth Licence [Added by Bylaw 828, 2020]
$20.00