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THE CORPORATION OF THE VILLAGE OF FRUITVALE
Business License Bylaw No. 981, 2025
A Bylaw to License and Regulate Businesses
WHEREAS, the Community Charter authorizes Council of the Village of Fruitvale by bylaw
to provide for the licensing and regulating of businesses;
NOW THEREFORE, Council of the Corporation of the Village of Fruitvale, in open meeting
assembled, enacts as follows:
1. CITATION
This Bylaw may be cited as the "Village of Fruitvale Business License Bylaw 981, 2025.
2. REPEAL
Bylaw 877, 2016 cited as "Village of Fruitvale Business License and Fees Bylaw 877" is
repealed in its entirety.
3. DEFINITIONS
"BUSINESS" means the carrying on of a commercial, industrial, or individual undertaking
of any kind or nature or the providing of professional, personal or other services for the
purpose of gain or profit.
"BYLAW ENFORCEMENT OFFICER" means a person acting as any of the following are
designated for the purposes of this Bylaw and the Local Government Bylaw Notice
Enforcement Act:
Bylaw Enforcement Officers, licensing inspectors, building inspectors, animal
control officers or other persons acting in another capacity on behalf of a
municipality, regional district or local trust committee for the purpose of
enforcement of one or more of its Bylaws.
"COUNCIL" means the Council of the Corporation of the Village of Fruitvale.
"DOOR-TO-DOOR AND DIRECT SALES" means the carrying on of a business by the
display or demonstration of samples, the taking of orders, or the offering for sale of
goods, wares, or other merchandise directly to or from any public place, in commercial
premises or in private premises occupied by the prospective purchaser.
"INTER-MUNICIPAL BUSINESS LICENSE" means a business having an inter-municipal
license through the City of Trail is deemed to have a license valid in the Village of
Fruitvale and is exempt from requiring a license under this bylaw.
Village of Fruitvale
Business License Bylaw 981, 2025
Page 2
"LICENSE INSPECTOR" means the person, from time to time, duly appointed as License
Inspector for the Village of Fruitvale, a peace officer and any employee of the Village
acting in the capacity of License Inspector.
"MARIJUANA DISPENSARY" means a business or other operation (with legal status
from both provincial and federal governments) involving the sale, barter distribution or
dispensing of cannabis, marijuana or any products containing or derived from cannabis or
marijuana, or the advertising or offering of such items for sale, barter distribution or
dispensing.
"MOBILE BUSINESS" means any business that is carried out entirely from a motor
vehicle or mobile unit that is designed to be or is mobile, including hand pushcarts and
self-propelled concession stands. The only goods to be sold by a mobile business are food
and beverages. All products offered for sale are actually carried and contained in the
motor vehicle or mobile unit, and are delivered to the purchaser at the time of sale.
"PERSON" includes any corporation, partnership, sole proprietorship, party or individual.
"TAXI" means a vehicle which is operated or plies for hire by members of the public for
the transportation and conveyance of persons or property for hire, but does not include an
ambulance, public transit bus, hearse or a vehicle driven by the person who hires it.
"VILLAGE" means the Village of Fruitvale.
4. ENFORCEMENT
a. The License Inspector is authorized by Council to issue business licenses for the
Village. The License Inspector may require that an applicant for a business license
provide proof of certification, approval or qualification required by a federal,
provincial or local government authority having jurisdiction over the business.
b. The License Inspector is authorized by Council to suspend any business license in
the Village. Every licensee under this Bylaw must permit reasonable access by the
License Inspector to the premises at which the licensed business is being carried
on for the purpose of ensuring that the requirements of the Village's bylaws are
being fulfilled.
c. Subject to the Community Charter, the License Inspector may enter business
premises at a reasonable time to inspect and determine whether the regulations
and requirements of this Bylaw are being met.
d. The issuing of a business license under this Bylaw in no way implies or constitutes
a representation of the License Inspector or the Village that the license holder is
competent in the business operation for which the license is issued.
e. The License Inspector may impose such terms and conditions on the issue or
renewal of a license as he considers reasonable.
Village of Fruitvale
Business License Bylaw 981, 2025
Page 3
5. LICENSE REQUIREMENTS
a. No person shall carry on any business within the Village without a valid and
subsisting business license issued to that person under this Bylaw.
b. Every person who carries on a business in the Village shall comply with all bylaws of
the Village and all applicable laws, rules, codes, regulations and orders of all
Federal or Provincial authorities having jurisdiction over such business.
c. A person who operates a business at more than one premises, shall apply for and
maintain a separate business license for each premises.
d. A person shall not carry on a business in or on any premises other than those
identified on the business license without first making an application for a new
business license or a change to the business license.
e. Every business license issued under this bylaw is personal to the person named in
the business license and may not be transferred to another person.
f. Every holder of a business license shall keep a copy of the business license posted
in a conspicuous place in the premises, vehicle or other mode of transport, place or
structure where the business is conducted or undertaken and for which the license
is issued.
g. License requirements for taxis and vehicles for hire:
Prior to issuance or annual renewal of a business license to operate a taxi or vehicle
for hire each owner/operator must produce to the satisfaction of the License
Inspector the following documents:
i.
proof of vehicle insurance that indicates the vehicle for hire is insured as a
taxi or vehicle for hire and liability insurance in respect of the vehicle is for
not less than Two Million ($2,000,000) Dollars;
ii.
proof that the vehicle for hire, in the previous 60 days, has been inspected
by a Ministry of Transport designated inspection facility and a safety
inspection certificate has been issued in respect of the vehicle.
h.
With respect to Taxis and Vehicles for Hire (Driver Permits):
i.
No person shall be employed as, or shall act or engage to act as a driver,
unless he is of the full age of nineteen (19) years, and is the holder of an
annual permit issued to him by the Royal Canadian Mounted Police;
ii.
No such permit shall be issued unless, in the opinion of the Royal Canadian
Mounted Police, the applicant is of good character, is not awaiting trial on a
charge alleging dishonesty, violence, indecency or concerning narcotics, and
the applicant has an adequate knowledge of the English language and of the
geography of area, as well as the contents of this Bylaw;
iii. Where a person holding a permit under the provisions of this section, by
reason of his use of or dealing in intoxicants or narcotic drugs, or for any
other reason, is in the opinion of the Royal Canadian Mounted Police, unfit to
act as a driver, the Royal Canadian Mounted Police upon proof to his
satisfaction of such unfitness, may suspend or cancel the permit.
Village of Fruitvale
Business License Bylaw 981, 2025
Page 4
iv. Where an application for a permit is refused, suspended or cancelled by the
Royal Canadian Mounted Police, the Royal Canadian Mounted Police shall,
within seven (7) days after such refusal, suspension or cancellation, notify
the applicant or holder in writing, stating the grounds for such refusal,
suspension or cancellation, and an appeal shall lie to the Municipal Council of
the Village from the refusal, suspension or cancellation and the decision of
the Village Council thereon shall be final;
v. Every driver who holds a permit issued under this section shall have the
permit in his possession at all times while driving or operating a vehicle on
any highway, and shall produce the permit for inspection at any time upon
the demand of a peace officer or police officer;
vi. Should there be any inconsistency between the provisions of this Bylaw and
of the Motor Vehicle Act, the Motor Vehicle Act shall prevail.
6.
LICENSE APPLICATION AND FEES
a. The application for a business license and the business license issued thereafter
shall be in the form prescribed by the Village of Fruitvale.
b. The business license period shall be from January 1 to December 31 in each year.
c. Every person applying for a new license shall, at the time of making the
application, pay to the Village the license fee for the applicable type of business as
specified in Appendix 3 of any Fruitvale Rates, Fees and Charges bylaw or
amendments thereto and all outstanding fees, charges and penalties due and
payable to the Village in respect of the business.
d. If a person begins to carry on a business after the 31st day of July in any year,
the license fee prescribed in Appendix 3 of any Fruitvale Rates, Fees and Charges
bylaw or amendments thereto for that business shall be reduced by fifty percent
(50%); such reduction shall be only valid for the first year.
e. If a person begins to carry on a business prior to the 31st day of July in any year,
and fails to apply for a license until after the 31st day of July in that year, the full
annual fees prescribed in Appendix 3 of any Fruitvale Rates, Fees and Charges
bylaw or amendments thereto for that business shall be due and payable.
f. Unless a license is refused, no license fee paid under this Bylaw shall be
refundable.
g. A license shall be valid and subsisting when it has been issued by the License
Inspector and the license fee prescribed in Appendix 3 of any Fruitvale Rates,
Fees and Charges bylaw or amendments thereto has been paid.
Village of Fruitvale
Business License Bylaw 981, 2025
Page 5
7.
PENALTY
a. A person who:
i.
contravenes or fails to comply with this Bylaw;
ii.
permits, suffers or allows any act or thing to be done in contravention of this
Bylaw;
iii.
fails to carry out an order made under this Bylaw;
iv.
fails or neglects to do anything required under a License;
v.
provides false or misleading information to obtain a license under this Bylaw;
or
vi.
carries on or remains open for business after receiving notice from the
Village that the license for the business was suspended or cancelled;
commits an offence and each day such an offence continues or is permitted to
continue will constitute a separate offence.
b. On being found guilty of an offence under this Bylaw, a person will be liable to pay
a fine of up to $10,000 or to imprisonment for a term not exceeding six months or
to both such fine and imprisonment and in default of payment of the fine to
imprisonment for an additional term not exceeding six months under the Offence
Act.
c. This Bylaw is designated under section 264 of the Community Charter as a Bylaw
that may be enforced by means of a Bylaw Notice.
d. Without limiting the enforcement options under section 4, a person who commits an
offence under this Bylaw will be liable to a penalty established under the Bylaw
Notice Enforcement Bylaw.
e. Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a
Bylaw Notice under section 264 of the Community Charter.
f. No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or her
duties under this Bylaw.
8. SEVERABILITY
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the invalid
portion must be severed and the remainder of this Bylaw is deemed to be adopted
without the severed section, subsection, paragraph, subparagraph, clause or phrase.
9. EFFECTIVE DATE
This Bylaw comes into force and effect upon its adoption.
Village of Fruitvale
Business License Bylaw 981, 2025
Page 6
READ A FIRST TIME this 3rd day of February, 2025.
READ A SECOND TIME this 3rd day of March, 2025.
READ A THIRD TIME this 7th day of April, 2025.
RECONSIDERED, FINALLY PASSED AND ADOPTED this 5th day of May, 2025.
_____________________________
______________________________
Mayor
Chief Administrative Officer
CERTIFIED a true copy of Bylaw 981 cited as "Village of Fruitvale Business License Bylaw
981, 2025".
Dated this xx day of xx, 2025.
____________________________
Chief Administrative Officer