Bylaw No. 1558, 2014 – Business License and Regulation (Consolidated)
Enderby, British Columbia
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THE CORPORATION OF THE CITY OF ENDERBY
CONSOLIDATED FOR CONVENIENCE ONLY
BYLAW NO. 1558 AMENDMENT INDEX
BYLAW
NO.
ADOPTION
TEXT AMENDMENT
1622
February 20, 2017
- Amending Section 4 by including Section 4.a.vi
1626
March 6, 2017
- Amending Section 2 by including definitions for "Marihuana"
and "Marihuana-Related Business"
- Amending Section 4 by including Section 4.a.vii
- Amending Section 5 by including Section 5.i
1669
January 21, 2019
- Amending Section 2 by including definitions for "Chief of
Police", "Pawn", "Pawner", "Pawnshop", "Pawnbroker", and
"Pawnshop Register"
- Amending Section 2 by removing the definition of "Marihuana"
and including the definition of "Cannabis"
- Amending Section 2 by removing the definition of "Marihuana-
Related Business" and including the definition of "Cannabis-
Related Business"
- Amending bylaw by replacing all references to "Marihuana"
with "Cannabis"
- Amending bylaw by replacing all references to "Marihuana-
Related Business" with "Cannabis-Related Business"
- Amending Section 5 by replacing Section 5.i.(v)(d)
- Amending Section 5 by adding Section 5.j
1705
January 18, 2021
- Amending Section 5 by removing Section 5.i.vii.d and
renumbering the remainder of the section accordingly.
1729
July 12, 2021
- Amending Section 5 by deleting Section 5.i.v.f.
1776
October 3, 2023
- Amending Section 2 by including definitions for "brand
element" and "young person"
- Amending Section 5 by deleting Sections 5.i.iii.f, 5.i.iv, 5.i.v.g,
and 5.i.v.h and renumbering the subsequent sections
accordingly.
- Amending Section 5 by replacing Section 5.i.vii
Consolidated Business License and Regulation Bylaw No. 1558, 2014
THE CORPORATION OF THE CITY OF ENDERBY
BYLAW No. 1558
A bylaw to regulate and license business
WHEREAS pursuant to Section 8(6) and Division 9 of the Community Charter a Council
may regulate in relation to business;
AND WHEREAS pursuant to Section 15 of the Community Charter a Council may provide
for a system of licenses, permits, or approvals;
NOW THEREFORE, the Council of the City of Enderby, in open meeting assembled,
enacts as follows:
1. CITATION
a. This Bylaw shall be cited as "City of Enderby Business License and Regulation
Bylaw No. 1558, 2014".
2. DEFINITIONS
a. In this bylaw:
"business" means the carrying on of a commercial or industrial undertaking of
any kind, or the providing of professional, personal, or other services for the
purpose of receiving income, profit or other form of consideration, but does not
include an activity carried on by a Municipal, Provincial, or Federal
Government, Crown Corporation, or a not-for-profit or charitable society, or
agricultural producers not involved in retail or the production of medicinal
marihuana cannabis;(1669)
"brand element" has the same meaning as defined in the Cannabis Act.
(1776)
"Cannabis" has the same meaning as defined within the Cannabis Act,
as amended from time to time. (1669)
"Cannabis-Related Business" means a business, not-for-profit, charity,
cooperative, shared economy venture, or other entity which uses a
premises for the consumption, display, storage, sale, trade or other
exchange of cannabis or cannabis-containing products, including but not
limited to dispensaries and compassion clubs, as permitted by Provincial
and Federal enactment. (1669)
"City" means the Corporation of the City of Enderby;
Consolidated Business License and Regulation Bylaw No. 1558, 2014
"Chief of Police" means the officer in charge, as appointed from time to
time, of the local police detachment and includes his or her designate;
(1669)
"Council" means the municipal council of the City of Enderby;
"Fire Inspector" means the official appointed by Council and shall include the
City's Fire Chief, Deputy Fire Chief or any Fire Commissioner, including a Fire
Commissioner's Assistant or Deputy, as appointed under the Fire Services Act;
"flea market" means an occasional or periodic sales activity held within a
building, structure or open area where groups of individual sellers offer goods,
new and used, for sale to the public;
"license" means a business license issued by the City of Enderby permitting
the license holder to carry on business in the City of Enderby under the terms
and conditions of this bylaw;
"farmers market" means an organization that provides and coordinates a
premises for the occasional sale of products made, baked, grown, or made by
the participating vendors;
"Marihuana" means all parts of the genus cannabis whether growing or
not and the seed or clone of such plants. (1626) (1669)
"Marihuana-Related Business" means a business, not-for-profit, charity,
cooperative, shared economy venture, or other entity which uses a
premises for the consumption, display, storage, sale, trade, or other
exchange of marihuana or marihuana-containing products, including but
not limited to dispensaries and compassion clubs. (1626) (1669)
"mobile vendor" means any person who sells or offers for sale food,
merchandise or a service, or who advertises or takes orders for goods or
services from a vehicle, bicycle, or temporary structure;
"non-profit organization" means an organization or operation registered and in
good standing under the Societies Act, School Act, Health Act or any other
Provincial or Federal Act that regulates the creation and conduct of
organizations which do not define profit as an objective;
"Pawn" means the activity of depositing goods or chattels as security for
the payment of money or other consideration, under an agreement
expressed, implied, or to be from the nature and character of the dealing
reasonable inferred, that those goods or chattels may be afterwards
redeemed or repurchased; (1669)
Consolidated Business License and Regulation Bylaw No. 1558, 2014
"Pawner" means a person, firm, or corporation who Pawns or sells
property to a Pawnbroker; (1669)
"Pawnbroker" means a person who keeps a Pawnshop; (1669)
"Pawnshop" means a business where goods or chattels are taken in
Pawn or purchase; (1669)
"Pawnshop Register" means a register at a Pawnshop which the
Pawnbroker is obliged to establish and maintain for the purposes of
identifying any property taken in Pawn or purchase; (1669)
"person" includes, in addition to the regular meaning, a corporation,
partnership, proprietorship, firm and the agent or representative of a person;
"premises" means a building, portion of a building, property parcel, or an area
of land where business is carried on;
"trade show" means the business of organizing a group of merchants,
suppliers, trades people or professionals together as a group in one location or
building for a period of up to seven (7) days to display and offer their products
or services for sale.
"young person" has the same meaning as defined in the Cannabis Act.
(1776)
3. LICENSE INSPECTOR
a. The Chief Administrative Officer shall appoint a person as the License
Inspector for the purpose of enforcing and carrying out the provisions of this
bylaw.
b. Authority of License Inspector
i.
The License Inspector shall classify and interpret each application for a
license in accordance with the relevant bylaws.
ii.
The License Inspector may grant a license if he or she is satisfied that the
applicant has complied with the bylaws of the City regarding building,
planning, health, and safety and other matters relevant to the practice of the
business for which the license application is made.
iii.
The License Inspector may require inspections and approvals from qualified
building, planning, health, and safety officials.
Consolidated Business License and Regulation Bylaw No. 1558, 2014
iv.
The License Inspector may refuse a license application pursuant to the
requirements of Section 60(1) of the Community Charter.
v.
The License Inspector may suspend or cancel a license pursuant to Section
60(2) of the Community Charter.
vi.
The License Inspector must advise the applicant or license holder who is
subject to the decision to refuse an application or suspend or cancel a
license that he or she is entitled to have Council reconsider the matter.
Council may restore, suspend, or cancel the license.
vii.
The License Inspector, or duly appointed Bylaw Enforcement Officer at the
direction of the License Inspector, shall have the authority to enter, at all
reasonable times, upon any property subject to the regulations of this bylaw
in order to ascertain whether such regulations are being observed.
viii.
No person shall unreasonably obstruct or prevent a License Inspector from
carrying out his or her duties as prescribed in this bylaw.
ix.
Notwithstanding the License Inspector's authority, the License Inspector
may refer any decision to Council.
4. LICENSING REGULATIONS
a. License Requirement
i.
No person shall carry on a business, including the soliciting of sales, within the
City without having obtained a valid license.
ii.
A license authorizes only the person named on the license to carry on only the
business described in the license and only at the premises or location described
on the license.
iii.
Every person who carries on business from more than one premises within the
City shall obtain a separate license for each premises.
iv.
All license holders shall be subject to the provisions of the City's bylaws and
applicable Provincial and Federal statutes and regulations. The issuance of a
license shall not be deemed to be a representation by the City that the business
complies with applicable bylaws, statutes, or regulations. The business owner
is solely responsible for ensuring compliance with all statutes, regulations,
bylaws and other enactments.
Consolidated Business License and Regulation Bylaw No. 1558, 2014
v.
The license shall at all times be displayed prominently in the business area of
the premises to which the public has access. Where the license holder has no
business premises in the City, the license shall be carried upon the license
holder's person at all times when he or she is engaged within the City in the
business for which the License was issued.
vi.
The license period for a Mobile Vendor shall commence on the date that
the application for a license, or license renewal, is approved and terminate
on December 31, on each and every year this bylaw is in effect. An
application for a license, or license renewal, is not required until such time
as the Mobile Vendor has received approval to operate on a property,
public space, boulevard, or highway owned or otherwise controlled by the
City of Enderby or Enderby & District Services Commission for that
calendar year. (1622)
vii.
The license period for a Marihuana-Related Business Cannabis-Related
Business (1669) shall be one (1) year, to commence on January 1 and
terminate on December 31, on each and every year this bylaw is in effect.
An application for a license renewal for a Marihuana-Related Business
Cannabis-Related Business must be received by the City by December
15th in each calendar year. (1626)
b. License Period
i.
Licenses shall be issued in perpetuity for a business carried on in
accordance with the original license issued from the date of issue or from
the date of renewal in the case of an existing license with an expiry date
prior to April 30, 2009.
ii.
The License Inspector may request confirmation of the ongoing nature of
the business and, in the event that no confirmation is provided within a
period of 60 days, may cancel the license.
iii.
The license period may be amended or cancelled by bylaw at any time by
Council.
iv.
The license period for a trade show, performance, concert, exhibition,
entertainment function or other event that is not ongoing in nature shall be
for the duration of the event, not to exceed seven (7) days. Events
exceeding seven (7) days must receive a written exemption from the
License Inspector.
Consolidated Business License and Regulation Bylaw No. 1558, 2014
c. License Application and Fee
i.
Every person who wishes to acquire a license shall make application to the
City on the prescribed form and pay a license fee.
ii.
Where an applicant applies for more than one license, a separate
application and fee shall be submitted for each license.
iii.
The license fee paid at the time of application shall not be refunded on
account of a person ceasing to do business.
iv.
A license fee shall be refunded in full only if the license application is
withdrawn or refused by the License Inspector prior to the commencement
of referrals or inspections. After the commencement of referrals or
inspections, no refund will be provided even if the application is refused.
d. Application Refusal
i.
Where a License Inspector has refused to issue a license, the applicant is
entitled to reconsideration by Council.
ii.
The License Inspector must provide to the applicant reasons for refusing to
issue a license.
e. License Transfer
i.
Licenses are not transferable and no change of location, name, ownership,
controlling interest, or type of business shall be allowed without the license
holder completing a new application, submitting the prescribed application
fee and being issued a new license, subject to the conditions, requirements,
and procedures of the Bylaw.
f. License Suspension or Revocation
i.
The License Inspector may suspend a license for such period as may be
determined by the License Inspector to be reasonable.
ii.
Where a license has been suspended, the License Inspector shall notify the
license holder and give reasons for the suspension. Such notification shall
occur either by serving the notice upon the license holder, sending the
notice by registered mail to the address of the business as shown on the
Consolidated Business License and Regulation Bylaw No. 1558, 2014
application, or by posting the notice upon the premises for which the license
was issued.
iii.
The notice and opportunity to be heard referred to above is not required if
the license holder, by reasonable efforts, cannot be found.
iv.
The notice of suspension shall be posted upon the premises for which the
license was issued and shall not be removed until the earlier of:
a) the license being reinstated; or
b) the former license holder ceasing to occupy the premises; or
c) a new business, other than one carried on by the license holder, is
started at the premises.
v.
Notwithstanding the preceding section, the License Inspector may choose
not to post the notice of suspension until after Council has reconsidered the
matter.
vi.
The License Inspector may remove any license, or copy of license, on
display at the premises of a business with a suspended or cancelled license.
vii.
Any person whose license has been suspended or cancelled is entitled to
reconsideration by Council.
g. Withholding a License
i.
Notwithstanding the authority of the License Inspector or Council's powers,
Council may by resolution withhold a license pursuant to Section 929(5) of
the Local Government Act.
h. Council Reconsideration
i.
Should the License Inspector refuse, suspend, or cancel a license, the
affected applicant or license holder may request Council reconsideration by
giving written notice to the Corporate Officer of the City. Such written notice
shall state the grounds upon which the reconsideration is requested.
ii.
Council shall provide the affected applicant or license holder with an
opportunity to make representations before it.
iii.
After reconsidering the refusal, suspension, or cancellation, Council may
confirm, adjust, or set aside the decision of the License Inspector as it
deems reasonable.
Consolidated Business License and Regulation Bylaw No. 1558, 2014
iv.
Council must provide written reasons to the applicant or license holder for
confirming, adjusting, or setting aside the decision of the License Inspector
after reconsideration.
5. BUSINESS REGULATIONS
a. Bulk Water Sales: Every person carrying on the business of bottling and selling
water supplied by the City shall supply the License Inspector with all applicable
information pursuant to the City's Watering and Sprinkling Regulation, as
amended from time to time.
b. Motor Vehicle Sales: Every person who makes application for a license to sell
or lease motor vehicles to retail consumers must provide verification of
acceptance as a licensed motor vehicle dealer by the Motor Vehicle Sales
Authority of BC.
c. Consumer Protection BC Regulated Activities: All activities regulated by
Consumer Protection BC, including debt collection, cemetery and funeral
services, credit reporting, direct sales, home inspection services, payday
lending, motion picture, telemarketing, and travel service industries must be
licensed by Consumer Protection BC when applicable and must also obtain a
license prior to carrying on a business within the City.
d. Fairs, Flea Markets, Farmers Markets, and Trade Shows: The license for a fair,
flea market, farmers market, or trade show shall be considered to cover all
vendors. Such licenses shall be limited to operating one day per week at the
specified premises unless authorized in writing by the License Inspector and
subject to reconsideration by Council upon request of the license holder.
e. General and Subcontractors: Every person licensed as a general contractor
shall provide the License Inspector with a list of all subcontracting trades
engaged on a specific job. Failure, neglect, or refusal to submit such list within
two (2) weeks of commencing a specific job shall be deemed sufficient reason
for the License Inspector to suspend or cancel a license. Every person carrying
on the business of a general contractor, contractor, or subcontractor must
obtain a license prior to carrying on business within the City, even when the
general contractor has obtained a license.
f. Liquor Licensed Establishments: Every person carrying on a business subject
to the British Columbia Liquor Control Board shall comply with all Council policy
and fees regarding liquor control and licensing at all times.
Consolidated Business License and Regulation Bylaw No. 1558, 2014
g. Medical Marihuana Cannabis Producers: Every producer of medical
marihuana cannabis licensed under the Marihuana cannabis for Medical
Purposes Regulations is a business and must obtain a valid and subsisting
license.(1669)
h. Mobile Vendor: No mobile vendor shall operate within the City without first
having obtained a license.
All mobile vending units which sell food which is prepared for immediate
consumption by the public, including those which may be covered by a flea
market, farmers market, or special event license, must have a valid permit as
issued by the Provincial Government authority having jurisdiction.
No mobile vendor shall operate on or from any municipally owned property,
boulevards or highways unless and until the applicant has provided evidence
of:
i.
Motor Vehicle Liability Insurance with a minimum coverage of $2,000,000;
ii.
Comprehensive Public Liability and Property Damage Insurance for
$2,000,000 inclusive, with the City as named insured.
Every person who operates a mobile vending unit shall be responsible to
provide suitable garbage collection containers, and to keep the area around the
vending location free of any waste material originating from the vendor's
business.
Mobile vending units must be attended by qualified staff at all times when on a
site, and must be removed from the location when not staffed.
No mobile vendor shall operate within the City, except for the following
conditions:
i.
when the Zoning Bylaw allows a mobile vendor as a permitted use;
ii.
by first obtaining written consent of Council for property, public spaces,
boulevards, and highways owned or otherwise controlled by the City;
iii.
by first obtaining written consent of the Enderby and District Services
Commission for property, public spaces, boulevards, and highways owned
or otherwise controlled by the Commission;
Consolidated Business License and Regulation Bylaw No. 1558, 2014
iv.
by first obtaining written consent from School District #83 for school
grounds.
Subject to the Zoning Bylaw and/or obtaining the written permission of the
above authorities as applicable, where a mobile vendor is catering to or
delivering to a residential site, business or construction site, such units shall
not park or stop on the traveled portion of a highway, and shall not be stopped
at one location longer than is necessary to serve customers, and at no time
shall remain stopped for longer than twenty (20) minutes at any one location.
i. Marihuana-Related Business Cannabis-Related Business: (1669)
i.
No Marihuana-Related Business Cannabis-Related Business
(1669) shall operate in the City of Enderby without first having
obtained a license.(1626)
ii.
Every person who makes an application for a license to operate
a Marihuana-Related Business Cannabis-Related Business
(1669) must demonstrate that the proposed use is lawful under
all applicable Provincial and Federal statutes and regulations.
(1626)
iii.
A person applying for the issuance of renewal of a license to
carry on a Marihuana -Related Business Cannabis-Related
Business (1669) must:
a) make application to the License Inspector on the form
provided for that purpose;
b) pay to the City the applicable license fee under the
City of Enderby Fee and Charges Bylaw No. 1479,
2010, as amended from time to time;
c) provide a security plan for the premises that, in the
opinion of the License Inspector, describes adequate
security measures to mitigate risk of theft or robbery
at the premises;
d) provide proof of a security and fire alarm contract that
includes monitoring at all times during the period for
which the license is being sought.
e) Provide proof of ownership or legal possession of the
premises;
f) Provide a current police information check for:
Consolidated Business License and Regulation Bylaw No. 1558, 2014
1. the applicant;
2. if
the
applicant
is
a
corporation, each
shareholder, officer and director; and
3. each on-site manager; and (1776)
f) provide any other documents required by the License
Inspector. (1626)
iv.
The License Inspector may suspend or refuse to issue or renew
a license for a Marihuana -Related Business Cannabis-Related
Business (1669) if:
a) the applicant or licensee, or a shareholder, officer,
director or on-site manager of the applicant or
licensee:
1. was convicted anywhere in Canada of an
offence involving dishonesty;
2. was convicted, found guilty of, or liable for any
contravention or offence related to the conduct
of a business similar to that which the license
relates;
3. was convicted, found guilty of, or liable for any
contravention or offence, in Enderby, against
this bylaw or against any bylaw authorizing the
issuance of a business license or regulating the
conduct of a business; or
4. was guilty of misrepresentation, nondisclosure
or concealment of any material fact, relating to
the subject matter of the license or required to
be stated in, the application (1626) (1776)
iv.
A license holder for a Marihuana -Related Business Cannabis-
Related Business (1669) must:
a) install video surveillance cameras that monitor all
entrances and exits and the interior of the premises at
all times;
Consolidated Business License and Regulation Bylaw No. 1558, 2014
b) retain video camera data for at least 21 days after it is
gathered;
c) install a security and fire alarm system that is, at all
times, monitored by a licensed third party;
d) not allow marihuana cannabis, products containing
marihuana cannabis or other valuables to remain on
the on the premises when not open to the public,
unless the marihuana cannabis, products and other
valuables are securely locked in a safe on the
premises; (1669)
d) have locked retail display cases for all cannabis and
cannabis-related
accessories
which
are
not
accessible to patrons, except for the contents of smell
jars, which must be physically attached to a display
case or counter and not accessible to touch by
patrons and must have a locked cannabis storage
room. (1669)
e) prominently display a sign on the premises indicated
that no persons under 19 years of age are permitted
on the premises unless accompanied by a parent or
guardian
f) ensure that two employees are present on the
premises at all times when open to the public,
including one manager; [Reserved] (1729)
g) promptly bring to the attention of the License
Inspector:
1. the name of any new on-site manager, officer,
director or shareholder of the licensee; and
2. any criminal charge brought against the
licensee or an on-site manager, officer, director
or shareholder of the licensee; (1776)
h) promptly provide to the License Inspector a current
police information check for any new on-site manager,
officer, director or shareholder of the licensee; and
(1776)
Consolidated Business License and Regulation Bylaw No. 1558, 2014
f) instal and maintain an air filtration system that
effectively minimizes odour impacts on neighbouring
properties. (1626)
v.
No Marihuana -Related Business Cannabis-Related Business
(1669) shall be located within 100 meters of any residential zone,
daycare facility, preschool, playground, community centre,
school, public park, civic or religious institution or any use
catering to individuals under the age of 18. (1626)
vii.
A license holder for a Marihuana-Related Business Cannabis-
Related Business (1669) must not do any of the following:
a) Permit a person under 19 years of age to enter or
remain on the premises of the Marihuana-Related
Business Cannabis-Related Business (1669) unless
accompanied by a parent or guardian over 19 years of
age;
b) Operate the Marihuana-Related Business Cannabis-
Related Business (1669) between the hours of 7 p.m.
and 8 a.m. the following day;
c) Permit the consumption of any marihuana cannabis
(1669) containing product on the premises;
d) Block the windows of the premises with opaque
material, artwork, posters, shelving or any other
material; (1705)
d) Display items related to the consumption of
marihuana cannabis (1669) in any manner by which
the display may reasonably be seen by a minor who is
outside the premises;
e) Advertise or promote the use of marihuana cannabis
(1669) in any manner by which the advertising or
promotion may reasonably be seen or heard by a
minor who is outside the premises;
f) Display any advertising or sign that is visible from
outside of the premises, except for signs which
display no images and contain only:
i.
alpha-numeric characters,
ii.
the business name, and
Consolidated Business License and Regulation Bylaw No. 1558, 2014
are consistent with the requirements of Section 310 of
the City of Enderby Zoning Bylaw No. 1550, 2014, as
amended from time to time; and
g) Use the premises to carry on business other than that
defined as a Marihuana-Related Business Cannabis-
Related Business(1669). (1626)(1776)
vi.
A license holder for a Cannabis-Related Business must not do
any of the following:
a) Permit a person under 19 years of age to enter or
remain on the premises of the Cannabis-Related
Business unless accompanied by a parent or guardian
over 19 years of age;
b) Operate the Cannabis-Related Business between the
hours of 11:00 p.m. and 9:00 a.m. the following day;
c) Permit the consumption of any cannabis containing
product on the premises;
d) Promote cannabis, a cannabis accessory or any
service related to cannabis in a way that could be
appealing to Young Persons or by representing it or
any of its Brand Elements in a manner that associates
it or the Brand Element with, or evokes a positive or
negative emotion about or image of, a way of life such
as one that includes glamour, recreation, excitement,
vitality, risk or daring;
e) Promote cannabis, a cannabis accessory or a service
related to cannabis by displaying a Brand Element of
cannabis, a cannabis accessory or a service related to
cannabis on a cannabis related item if the item is:
i.
associated with young persons;
ii.
appealing to young persons; or
iii.
associated with a way of life such as one that
includes glamour, recreation, excitement,
vitality, risk or daring; and
f) Use the premises to carry on business other than that
defined as a Cannabis-Related Business." (1776)
vii.
For the purposes of this bylaw, any business, not-for-profit,
charity, cooperative, shared economy venture, or other entity
Consolidated Business License and Regulation Bylaw No. 1558, 2014
which uses a premises for the consumption, display, storage,
sale, trade or other exchange of marihuana cannabis (1669) or
marihuana cannabis-containing products (1669) shall be
considered a Marihuana-Related Business Cannabis-Related
Business (1669) and will be subject to all the applicable terms,
conditions, and fees of a Marihuana-Related Business
Cannabis-Related Business(1669). (1626)
j. Pawnshops:
i.
Each Pawnshop must establish and maintain a Pawnshop
Register of all property taken in Pawn or purchase by the
Pawnbroker. (1669)
ii.
Each Pawnshop, immediately after the purchase or taking in
Pawn of any property, must set out in the Pawnshop Register,
in the English language, a record of the Pawn, in chronological
order by date of Pawn. The record must include:
a. The name, residence or street address of the Pawner or
seller from whom the Pawnshop, or any employee of the
Pawnshop, took the property in Pawn of purchase;
b. Confirmation of the identity of the Pawner or seller by way of
picture identification including a complete description of the
picture identification and name of the authority who issues
it;
c. A complete description of the property including the make,
model, serial number, and any distinguishing or identifying
marks.
d. Whether the acquisition is a Pawn or a purchase;
e. The price paid for the property in Pawn or Purchase; and
f. The precise date and hour of taking the property in Pawn or
purchase. (1669)
iii.
A Pawnshop must not amend, obliterate or erase any entry in
the
Pawnshop
Register,
either
wholly
or
partially
or
electronically or manually, until such time as the Pawnshop
Register may be disposed in accordance with Section 5.j.(vii)(a).
(1669)
Consolidated Business License and Regulation Bylaw No. 1558, 2014
iv.
Each Pawnshop, during business hours on business days,
must make the Pawnshop Register available for inspection by
the Chief of Police, any police force member, or the License
Inspector. (1669)
v.
Each Pawnshop must, on a weekly basis, submit to the Chief of
Police a current copy of the Pawnshop Register with
information only of the goods taken in since the previous
update. (1669)
vi.
The Chief of Police or a police force member may remove a
Pawnshop's Pawnshop Register of goods taken in from the
Pawnshop's premises at any time for inspection by the police
force or for use as evidence in Court. Immediately upon return
of the Pawnshop Register taken to the Pawnshop, the
Pawnshop must record in the Pawnshop Register in
chronological order every taking by the Pawnshop of property
that
occurred
during
the
absence
of
the
Pawnshop
Register.(1669)
vii.
Each Pawnshop must:
a. Keep on its premises the Pawnshop Register, or any portion
of the Pawnshop Register that contains any entry that is less
than 24 months old, unless the Pawnshop Register is in the
possession of the Chief of Police; (1669)
b. If the Pawnshop sells, leases or otherwise disposes of the
Pawnshop
business
to
any
other
person,
transfer
possession of the whole Pawnshop Register to such person;
(1669)
c. A Pawnshop must not carry on the business of taking in
Pawn or purchase of any property except at the premises
designated in the Pawnshop license; (1669)
d. A Pawnshop must not take in Pawn or purchase any property
from any person between 8:00 p.m. on one calendar day and
8:00 a.m. of the next calendar day; (1669)
e. A Pawnshop must not take in Pawn or purchase any property
whose serial number or other identifiable marking has been
wholly or partially tampered with or removed; (1669)
f. A Pawnshop must not take in Pawn or purchase any property
from any person under the age of 18 years; and (1669)
Consolidated Business License and Regulation Bylaw No. 1558, 2014
g. Each Pawnshop, on request by the Chief of Police or any
police force member during business hours on business
days, must permit the Chief of Police or any police force
member to inspect any pawned or purchased property in the
Pawnshop's
premises
for
the
purposes
of
police
investigation.(1669)
viii.
Each Pawnshop, with respect to each item or property the
Pawnbroker takes in Pawn or purchase, must:
a. Clearly and individually tag by date of Pawn or purchase,
and clearly and physically separate from other property in
the Pawnshop's premises the item of property; (1669)
b. Not repair, alter, dispose of, part with possession of, or
remove from the Pawnshop's premises the item of property;
and (1669)
c. Not suffer or permit any other person to repair, alter, dispose
of, part with possession of, or remove from the Pawnshop's
premises the item of property.(1669)
ix.
Each Pawnshop must comply with the requirements of Section
5.j.(viii), with respect to each item of property the Pawnshop
takes into Pawn or purchase, for the longer of:
a. 30 calendar days after the date the Pawnshop who maintains
a Pawnshop Register takes in Pawn or purchase the item of
property; or (1669)
b. The number of days of which the Chief of Police or any
police force member advises the Pawnshop, which must not
exceed 90 days after the date the Pawnshop takes in Pawn
the property. (1669)
6. PENALTIES
a. Any person who violates any of the provisions of this bylaw or who suffers or
permits any act or thing to be done in contravention of this bylaw or who
neglects to do or refrains from doing any act or thing which violates any of the
provisions of this bylaw shall be liable to the penalties hereby imposed. Each
day that such violation is permitted to continue shall constitute a separate
offence.
Consolidated Business License and Regulation Bylaw No. 1558, 2014
b. Any person who violates any of the provisions of this bylaw shall, upon
summary conviction, be liable to a penalty not exceeding $10,000.
c. This Bylaw is also enforceable by the City of Enderby Municipal Ticket
Information Bylaw, as amended from time to time.
7. SEVERABILITY
a. If any portion of this bylaw is for any reason held to be invalid, unlawful or
unenforceable by the decision of any Court of competent jurisdiction, that
portion shall be deemed to be severed from the bylaw and its severance shall
not affect the validity of the remaining portions of this bylaw.
8. BYLAWS REPEALED
a. This bylaw hereby repeals the following bylaw, and any and all amendments
thereto:
i.
City of Enderby Business License Bylaw No. 1408, 2009.
READ A FIRST TIME this 3rd day of November, 2014.
READ A SECOND TIME this 3rd day of November, 2014.
READ A THIRD TIME this 3rd day of November, 2014.
ADOPTED this 17th day of November, 2014.
_____________________________
_______________________________
MAYOR
CHIEF ADMINISTRATIVE OFFICER