Business Licence Bylaw

Fort St. John, British Columbia · adopted 2021-12-13

This is the exact embedded text of the captured official document. Snapshot 5efe803c481e · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BUSINESS LICENCE BYLAW 2563, 2021 Adopted January 1, 2023 CONSOLIDATED VERSION FOR CONVENIENCE ONLY Includes Amendment Bylaw: 2600, 2024 Adopted January 27, 2025 This Consolidated Version includes the following amending bylaws: Bylaw Number Type of Amendment Date Amending Bylaw was adopted 2600, 2024 Definitions and subsections amended January 27, 2025 CITY OF FORT ST. JOHN BYLAW NO. 2563, 2021 BUSINESS LICENCE BYLAW ______________________________________________________________________________ WHEREAS, Council may, pursuant to the Community Charter, regulate in relation to business; AND WHEREAS, pursuant to the Community Charter, Council may provide that terms and conditions be imposed for obtaining, continuing to hold, or renewing a business licence permit, or approval and specify the nature of the terms and conditions and who may impose them; AND WHEREAS, pursuant to the Community Charter, Council may delegate its powers and functions to an officer or employee of the City, which delegation may under the Community Charter include the authority to suspend or cancel a business licence; NOW THEREFORE, pursuant to the above-recited and other authority, the Council of the City of Fort St. John, in open meeting assembled, enacts as follows: SECTION 1 - TITLE 1.1 This Bylaw may be cited as "City of Fort St. John Business Licence Bylaw No. 2563, 2021." SECTION 2 - REPEAL 2.1 The following Bylaw(s) are hereby repealed as of December 31, 2022: (a) City of Fort St. John Business Licence Bylaw No. 2372, 2017; (b) City of Fort St. John Business Licence Amendment Bylaw No. 2411, 2018; and (c) City of Fort St. John Business Licence Amendment Bylaw No. 2562, 2021. SECTION 3 - DEFINITIONS 3.1 The following words and phrases shall have the following meanings: "applicant" means any person who makes application for a business licence under the provisions of this Bylaw. Business Licence Bylaw No. 2563, 2021 Page 2 SECTION 3 - DEFINITIONS (continued) 3.1 The following words and phrases shall have the following meanings: "Bed and Breakfast" means a Bed and Breakfast as defined in the City's Zoning Bylaw. "Business" means carrying on a commercial or industrial activity or undertaking of any kind including professional, personal or other services for gain or for profit, but does not include any activity carried on by Government. "Business Licence" means a valid and subsisting business licence issued in accordance with this Bylaw. "Bylaw" means this Bylaw, including all schedules attached hereto. "Bylaw Enforcement Officer" means any person appointed by council or designate to administer and enforce the provisions of this Bylaw. "City" means the City of Fort St. John, or the lands lying within the corporate boundaries of the City of Fort St. John, as the context may require. "Council" means the Council of the City of Fort St. John. "Director of Development Services" means the Director of Planning, Building, Economic Development and Engineering for the City, or their designate. "Employee" means an employee of a business as of the first business day in January of each year. "Event Permit" means a permit for the use of City property for an organized gathering for the purpose of commercial endeavors, community special events, or moderate-to high risk activities such as, but not limited to, sporting events. "Government" means Municipal, Provincial, and Federal levels of Government, as well as Crown Corporations and agencies owned by said Government. "Home Occupation - Business" means a Home Occupation - Business as defined in the City's Zoning Bylaw. "Home Occupation - Office" means a Home Occupation - Office as defined in the City's Zoning Bylaw. This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 3 SECTION 3 - DEFINITIONS (continued) 3.1 The following words and phrases shall have the following meanings: "Inter-Community Business" means a business that performs a service or activity within more than one Participating Government(s) by moving from client to client rather than having clients come to them. This does not include businesses identified in Schedule 'A' of the City's Inter-Community Business Licence. "Licencee" means a person who holds a business licence. "Licence Inspector" means the Director of Development Services or their designate. "Markets" means the business of providing for rent stalls, tables, or spaces to market vendors displaying for sale, offering for sale, and selling goods to the public. "Market Vendor" means a person, who is engaged in the business of distributing samples, taking orders, or offering for sale goods, wares, or merchandise of any kind at markets. "Mobile Food Vendor" means the business of operating a motor vehicle equipped for sale of prepackaged foods and or preparation of foods and beverages and from which the foods and beverages may be made in the truck and offered for sale directly to the public. "Mobile Vendor" means a person, who is engaged in the business of selling direct to the public by setting up a temporary business within the City in order to distribute samples, take orders, or offer for sale goods, wares, or merchandise of any kind. "Non-Resident Business" means a business which operates in whole or in part, within the City's limits, but which does not maintain a permanent Premises within the City limits. "North American Industry Classification" means (NAICS) an industry classification system developed by the statistical agencies of Canada, Mexico, and the United States to define industrial (employment) classifications established and collected for all sectors of the economy. "Owner" means the person registered on title as the owner of a parcel at the Land Title Office. "Premises" means a building or portion of a building or area of land where business is conducted. This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 4 SECTION 3 - DEFINITIONS (continued) 3.1 The following words and phrases shall have the following meanings: "Registered Non-Profit Business" means an organization or society which is defined as a registered charity under the Income Tax Act with an active registration number. "Rental" means: A dwelling unit, as defined in the Zoning Bylaw, that is rented or offered for rent for more than 30 continuous days and not occupied by the owner; and Does not include commercial temporary accommodation as defined in Zoning Bylaw. "Rental Manager" means a person or business, who may be the owner, that is responsible for management of the rental. "Resident Business" means a business which maintains a permanent Premises within the City limits "Temporary Business" means a business that is licenced to operate in the City for no greater than 28 consecutive days. "Zoning Bylaw" means the current City's Zoning Bylaw. SECTION 4 - GENERAL INTERPRETATION 4.1 All references to statutes, regulations, bylaws, orders, policies or guidelines of a Federal, Provincial, Municipal or other governmental authority is a reference to such statute, regulation, bylaw, order, policy or guideline as amended or replaced from time to time. The schedules to this Bylaw are attached to and form an integral part of this Bylaw. SECTION 5 - GENERAL REGULATIONS 5.1 No person shall carry on a business for which a licence is required by this Bylaw within the City without holding a valid and subsisting business licence or Inter-Community Business Licence for that business. 5.2 Every person who operates a business from more than one premises in the City shall obtain a separate business licence for each premises, whether or not the premises are located in the same building. This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 5 SECTION 5 - GENERAL REGULATIONS (continued) 5.3 Every person who holds a business licence shall renew that business licence annually for so long as that person carries on a business within the City limits. The business licence period shall be one (1) year to commence on the 1st day of January and to terminate on the 31st day of December in each and every year. If a business licence is issued after the 1st day of January, such business licence will be valid for the remaining portion of the calendar year from issuance of such business licence to the 31st of December of the same year. 5.4 The business licence fees described in this Bylaw may be reduced pro-rata in accordance with Schedule 'A' in respect of any person who becomes liable to be licenced after the commencement of a business licence period. 5.5 The Licence Inspector may grant a business licence upon receipt of a completed, signed application form and payment of the applicable fee(s), as set out in Schedule 'A' to this Bylaw, and upon being satisfied that the applicant has complied with all applicable bylaws of the City regulating building, zoning, health, sanitation, signage, fire, and business. 5.6 Every holder of a business licence shall comply at all times with every City bylaw or enactment of the Province or Canada or other governmental authority in respect to the business and the business premises named in the business licence. 5.7 Application and fees for Inter-Community Business Licences shall be determined by the City's Inter-Community Business Licence Bylaw. 5.8 Records of all business licences issued shall be maintained and updated annually by the Licence Inspector. 5.8.1 All such records shall be considered public and may be viewed under the provisions of the Freedom of Information and Protection of Privacy Act. 5.9 The following businesses are exempt from the requirement of obtaining a business licence: (a) Markets: A business licence is not required of any person who rents a stall, table, or space in a licenced market and operates within the market hours of This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 6 SECTION 5 - GENERAL REGULATIONS (continued) operation, except where such person sells tobacco cannabis, or liquor products. 5.10 Every person who carries on a business for which a business licence is required by this Bylaw within the City shall post their business licence in a conspicuous and visible location. SECTION 6 - BUSINESS APPLICATION PROCESS Approval 6.1 Approval shall be conditional upon the receipt of: (a) A fully completed application form; (b) Payment of all applicable fees; (c) Approvals from any other Government agencies as applicable; (d) The completion of all applicable inspections; and (e) The applicant's declaration of compliance of land use/business activities with zoning requirements. 6.2 Upon business licence approval, the Licence Inspector approves the issuance of a business licence, such approval shall be granted in writing with or without conditions in the form of a business licence. Approval 6.3 A business licence authorizes only the business named in the licence to carry on the business described in the licence, and only at the premises described in the business licence. 6.4 A business licence is not a representation or warranty that the business or the business premises comply with the bylaws of the City or with any other regulations, standards or enactments. Business Licence Bylaw No. 2563, 2021 Page 7 SECTION 6 - BUSINESS APPLICATION PROCESS (continued) Refusal and Appeal 6.5 Should the Licence Inspector refuse issuance of a business licence the applicant may appeal the decision to Council by submitting a letter of appeal to Corporate Services at 10631 - 100 Street, Fort St. John, BC V1J 3Z5. 6.6 Council may refuse to grant the request of an applicant for a business licence in accordance with the Community Charter, and such decision shall be deemed as final. Renewal 6.7 A licencee who proposes to renew a business licence shall pay to the Licence Inspector the applicable fee(s) set out in Schedule 'A' of this Bylaw, prior to the expiry of the business licence on December 31st of that year. 6.8 If an expired business licence is not renewed as required by February 28th of the renewal year, the option to renew the business licence shall then be terminated on March 1st and a licencee who wishes to continue to carry on the business shall submit a new application form in accordance with this Bylaw. Suspension and Cancellation of a Licence 6.9 The Licence Inspector may grant a business licence under the terms of Section 1.2 of this Bylaw and may suspend for such period as determined at the reasonable discretion of the Licence Inspector, or cancel any business licence if the licencee or business: (a) Has failed to comply with the Bylaw or a term or condition of the business licence; (b) Is convicted of any offence under any municipal bylaw, enactment of the Province or Canada in respect of the business for which they are licenced or with respect to the premises named in their business licence; (c) Has ceased to carry on the business for which they are licenced or with respect to the premises named in the business licence; (d) Has altered the premises without obtaining the appropriate permits and inspections; and (e) Has been determined to cause a public safety hazard. This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 8 SECTION 6 - BUSINESS APPLICATION PROCESS (continued) 6.10 The suspension or cancellation of a business licence by the Licence Inspector shall be communicated to the person holding such business licence via the contact information provided to the City at the time of application or renewal, which may include, but is not limited to, e-mail, telephone number, or mailing address. 6.11 A notice of suspension or cancellation of a business licence shall be posted by the Licence Inspector upon the premises for which the business licence was issued and such notice shall not be removed until: (a) The business licence is reinstated; or (b) The former licencee ceases to occupy the premises. 6.12 If the Licence Inspector cancels or suspends a business licence, the applicant will be entitled to have Council reconsider the Licence Inspector's decision, in accordance with the Community Charter. 6.13 Council may cancel or suspend a business licence for reasonable cause after giving notice to the licencee and after giving them an opportunity to be heard, in accordance with the Community Charter. 6.14 A licencee may cancel their business licence if they cease to operate their business. No refund for any fee, pro-rated or otherwise is available. 6.15 Notification of a business licence cancellation must be submitted along with the date of closure in writing (letter or email) to the Licence Inspector, 30 days prior to the business ceasing operations. Changes to a Licence And Transfers 6.16 Every licencee shall notify the Licence Inspector in writing when any of the following changes occur: (a) Any change in the type, nature or intensity of the business; (b) Any change in the type or nature of goods or services provided; (c) Any change in location; and (d) Any change in owner. 6.17 Business licences are non-transferrable from one person to another or from one premises to another. 6.18 When a licencee undertakes activities that are not included in the existing business licence, a new business licence application must be completed. This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 9 SECTION 6 - BUSINESS APPLICATION PROCESS (continued) Liability Insurance 6.19 Vendor events occurring on municipal property require both a valid business licence and a City issued event permit. 6.20 The Licence Inspector may require as a condition of a business licence that the applicant obtain and hold a liability insurance policy in connection with the carrying on of any business within the City. 6.20 The applicant shall provide the Licence Inspector with documentary evidence of such insurance, if deemed necessary, in a form satisfactory to the Licence Inspector. SECTION 7 - SPECIAL BUSINESS LICENCE REQUIREMENTS Bed and Breakfast 7.1 Bed and Breakfasts shall be permitted in accordance with the Zoning Bylaw and all persons operating a Bed and Breakfast must comply with the regulations in the Zoning Bylaw and must obtain and hold a valid and subsisting business licence. Direct Sales (Door to Door) 7.2 Every person conducting a business utilizing direct sales shall obtain a business licence. This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 10 SECTION 7 - SPECIAL BUSINESS LICENCE REQUIREMENTS (continued) Direct Sales (Door to Door) 7.3 No person shall attend any residence between the hours of 8:00 p.m. and 8:00 a.m. for the purpose of selling, soliciting or taking orders for goods, materials, publications or services of any kind, unless the owner or occupier of the residence has previously consented. 7.4 No person shall attend any residence on a Sunday or Statutory Holiday for the purpose of selling, soliciting or taking orders for goods, materials, publications or services of any kind, unless the owner or occupier of the residence has previously consented. Home Occupation - Business and Office 7.5 Home Occupation - Business and Home Occupation - Office entities shall be permitted in accordance with the Zoning Bylaw and all persons operating a Home Occupation - Business and Home Occupation - Office must comply with the regulations in the Zoning Bylaw and must obtain a valid and subsisting business licence. Markets 7.6 Every mobile food vendor conducting business within the City shall operate in accordance with the requirements of the City's Fire Prevention Bylaw. Mobile Vendor 7.7 Any owner operating a rental: (a) Shall obtain and maintain a single business licence for each of the following rentals; i. Apartment ii. Condominium iii. Detached Suite iv. Duplex v. Multiple Dwelling Housing vi. Single-Detached Dwelling vii. Townhouse Dwelling (b) Shall provide to the Licence Inspector the full name, telephone number and other applicable contact information for the rental manager, and notify the This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 11 SECTION 7 - SPECIAL BUSINESS LICENCE REQUIREMENTS (continued) Licence Inspector if there is a change in rental manager or their contact information. Rental Property 7.8 Any owner operating a rental: (a) Shall obtain and maintain a single business licence for each of the following rentals; i. Apartment ii. Condominium iii. Detached Suite iv. Duplex v. Multiple Dwelling Housing vi. Single-Detached Dwelling vii. Townhouse Dwelling (b) Shall provide to the Licence Inspector the full name, telephone number and other applicable contact information for the rental manager, and notify the Licence Inspector if there is a change in rental manager or their contact information. SECTION 8 - EXEMPTIONS Markets 8.1 A market vendor is exempted from obtaining a business licence if: a) the person coordinating the market holds a valid business licence for the participating market vendors, except where a market vendor sells tobacco, cannabis, or liquor products. SECTION 9 - BYLAW AND ENFORCEMENT Right of Entry 9.1 Any designated Bylaw Enforcement Officer may enter on and inspect any premises, in accordance with the Community Charter, at any time in order to ascertain whether the requirements of this Bylaw are being met. Enforcement This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 12 9.2 Any person designated as a Bylaw Enforcement Officer pursuant to the City's Bylaw Notice Enforcement Bylaw is hereby authorized and empowered to enforce the provisions of this Bylaw pursuant to the City's Bylaw Notice Enforcement Bylaw. 9.3 A violation ticket is deemed sufficiently served if the processes under the Offence Act and Local Government Act have been followed. 9.4 A person must not obstruct or interfere with a designated Bylaw Enforcement Officer in the performance of their duties SECTION 9 - BYLAW AND ENFORCEMENT (continued) Offences and Penalties 9.5 Any person who contravenes, violates, or fails to comply with any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention or violation of this Bylaw, or commits an offence shall be subject to the following enforcement provisions: (a) The penalties imposed under the Offence Act; or (b) To a penalty or order as imposed by the Community Charter or a bylaw notice under the Local Government Bylaw Notice Enforcement Act, plus the costs of the prosecution. 9.6 If an offence continues for more than one day, each day that the offence continues constitutes a separate and distinct offence. 9.7 Nothing in this Bylaw limits the City from utilizing any other remedy that is otherwise available to the City at law. 9.8 A violation of any of the provisions identified in this Bylaw being addressed within the provisions of Section 3.3(1)(b) shall result in liability for a penalty in the amount set out in Schedule 'B' of this Bylaw in respect of the provision and the imposition of the penalty shall be subject to the procedures, limits, obligations and rights established in the City's Bylaw Notice Enforcement Bylaw and the Local Government Bylaw Notice Enforcement Act. This section amended by Bylaw 2600, 2024 This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 13 SECTION 10 - INTERPRETATION Validity 10.1 The City has the discretion to enforce this Bylaw, and is not liable of any outcomes should the City or an authorized person not decide to enforce this Bylaw if acting in good faith. 10.2 If any portion of this Bylaw is held to be invalid by a Court of competent jurisdiction, the invalid section or subsection shall be severed from, and not affect the validity of the remaining portions of this Bylaw. Effect of Bylaw 10.3 This Bylaw shall come into effect and operation on January 1, 2023. INTRODUCED AND READ FOR THE FIRST THREE TIMES THIS 22 DAY OF November, 2021 ADOPTED THIS 13th DAY OF December, 2021 LORI ACKERMAN BONNIE MCCUE, MAYOR CORPORATE OFFICER This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 14 SCHEDULE 'A' - FEES Table 1.0 Licence Type Fees Regular Business Licence $150.00 Home Occupations - Business and Office $125.00 Mobile Vendor/Mobile Food Vendor $125.00 Temporary Licence (28 Days) $75.00 Business Name Changes and Business Licence Reprints $25.00 Registered Non-Profit NO COST Pro-Rated Licences Any business licence applications submitted after and including April 1 annually are entitled to the reduced rates as follows in Table 2.0: Table 2.0 Date of Reduction Percent Reduction April 1 25% Reduction July 1 50% Reduction October 1 75% Reduction This section amended by Bylaw 2600, 2024 Business Licence Bylaw No. 2563, 2021 Page 15 SCHEDULE 'B' - BYLAW AND ENFORCEMENT OFFENCES Table 3.0 Column 1 OFFENCE Column 2 SECTION Column 3 PENALTY (15-30 Days) Column 4 EARLY PAYMENT (1-14 Days) Column 5 LATE PAYMENT (31-60 Days Collections 60+) Column 6 COMPLIANCE AGREEMENT AVAILABLE (50% of Penalty) Operating a Business without a Licence 5.1 $200.00 $150.00 $250.00 Yes Business Licence not Posted 5.10 $100.00 $50.00 $150.00 Yes Failure to provide Information for Application 6.1 $200.00 $150.00 $250.00 Yes Business at unauthorized Premises 6.3 $200.00 $150.00 $250.00 Yes Operating with a Suspended Licence 6.11 $400.00 $350.00 $450.00 No Failure to Notify Changes of Licence 6.16 $200.00 $150.00 $250.00 Yes Unauthorized Home Sales 7.3, 7.4 $200.00 $150.00 $250.00 Yes Failure to Meet Home Occupation - Business and Office Requirements 7.5 $200.00 $150.00 $250.00 Yes Obstructing Bylaw Enforcement Officer 8.4 $300.00 $250.00 $350.00 No Business Licence Bylaw No. 2563, 2021 Page 16 SCHEDULE 'C' - DESIGNATED BYLAW ENFORCEMENT OFFICERS Bylaw Enforcement Officer Licence Inspector