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Business Licence Bylaw 1124, 2003 (CO #10))
Page 1 of 13
BUSINESS LICENCE BYLAW NO. 1124
(CONSOLIDATED TO FEBRUARY 2019)
All persons making use of this consolidation are advised that it has no legislative
sanction; that the amendments have been embodied for convenience of reference
only, and that the original bylaw and all amending bylaws must be consulted for
all purposes of interpreting and applying the law.
Any parts of the original bylaw or original bylaw as amended and schedules
which have been repealed have not been included in this consolidation.
Business Licence Bylaw 1124, 2003 (CO #10))
Page 2 of 13
SCHEDULE OF AMENDMENTS
TEXT
Amending Bylaws are identified by a Bylaw Number in the left hand margin and text
style. For the exact amendment wording, refer to the amending bylaw.
Bylaw
Adopted
Amendment
1239
May 5, 2008
Added new definition
Added Section 3(e)
1257
September 8, 2008
Delete reference to Bylaw
No. 1123
Added new definitions
Replaced Section 32
1433
August 13, 2018
Amended Sections:
2,9,12,13,14,18,19,21,27,33
& Division 3.
Deleted Sections: 11, 20 &
35
Sections were renumbered
accordingly
1448
February 11, 2019
Added new Definition
"Indoor or Outdoor Market"
Business Licence Bylaw 1124, 2003 (CO #10))
Page 3 of 13
BUSINESS LICENCE BYLAW
NO. 1124
Table of Contents
DEFINITIONS: ............................................................................................................ 4
DIVISION 1 - BUSINESS LICENCING ....................................................................... 6
LICENCE REQUIREMENTS ....................................................................................... 6
EFFECT OF LICENCE ................................................................................................ 7
LICENCE PERIODS .................................................................................................... 7
INITIAL LICENCE APPLICATIONS ............................................................................. 8
LICENCE FEE ............................................................................................................. 8
LICENCE RENEWAL .................................................................................................. 8
DISCOUNT OF LICENCE FEE AND LATE PAYMENT PENALTY ............................. 8
TRANSFER OF LICENCE ........................................................................................... 9
TRANSFER FEES ....................................................................................................... 9
CHANGES IN BUSINESS ........................................................................................... 9
DISPLAY OF LICENCE ............................................................................................... 9
LICENCE INSPECTIONS ............................................................................................ 9
DIVISION 2 - BUSINESS REGULATION ................................................................. 10
CONTROL OF REFUSE ........................................................................................... 10
CONTRACTORS ....................................................................................................... 10
MOBILE VENDORS .................................................................................................. 10
HOME REPAIRS ....................................................................................................... 11
PAWNBROKERS AND SECOND HAND STORES .................................................. 11
DIVISION 3 - GENERAL REGULATIONS ................................................................ 11
CLASSIFICATION ..................................................................................................... 11
SEVERABILITY ......................................................................................................... 12
OFFENCE ................................................................................................................. 12
TRANSITIONAL ........................................................................................................ 12
REPEALS .................................................................................................................. 12
Business Licence Bylaw 1124, 2003 (CO #10))
Page 4 of 13
BYLAW NO. 1124
A bylaw to provide for the Licencing and Regulation of Businesses
WHEREAS the Local Government Act empowers Council of the District of Hope to
provide for the licencing and regulation of businesses in the Municipality;
NOW THEREFORE the Municipal Council of the District of Hope in open meeting
assembled, enacts as follows:
1. This bylaw may be cited for all purposes as the District of Hope "Business Licence
Bylaw, 2003, No. 1124".
2.
DEFINITIONS:
In this bylaw:
"Business" means carrying on a commercial or industrial undertaking of any
kind or nature or providing professional, personal, or other services for the
purpose of gain or profit, but does not include an activity carried on by the
government, its agencies or government-owned corporations.
"Business Day" means any calendar day, including any holidays, during which a
second hand dealer or pawnbroker is open for business to one or more members
of the public. (AM #1257)
"Concession Stand" means a self contained, stationary unit from which food
products are offered for sale.
"Contractor/Sub-Contractor" means a person who carries on a business of
performing construction, alteration or repair work upon a building or other
structure; the owner-operator of machinery and/or mobile equipment for road
building, excavating, ground moving, blasting or transportation purposes.
"Co-Operative" means an enterprise or organization owned by and operated for
the benefit of those using its service.
"Drug Paraphernalia" means any goods, products, equipment, things or
materials of any kind primarily used or intended to be primarily used to produce,
process, package, store, inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance as defined in the Controlled Drugs and
Business Licence Bylaw 1124, 2003 (CO #10))
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Substances Act (R.S.C) as may be amended from time to time, but does not
include a controlled substance that is permitted under that Act. (AM #1239)
"Employee" means a person engaged on a full time or part time basis in the
operation of a business, whether employed on a salaried, commissioned or other
basis, and includes any owners, partners or principals engaged in the operation
of the business.
"Enterprise" means a business organization that has an administrative and
functional structure for operating.
"Fire Prevention Officer" means a member of the District of Hope Fire
Department authorized by the District Council or the Fire Chief to inspect
premises under this bylaw.
"Home Occupation/Accessory Home Business" means a business as an
accessory and subordinate to the residential use of a dwelling and cannot alter
the residential appearance or character of the building in which it is located. In
addition, the business owner has to reside in the dwelling on a permanent basis.
"Indoor or Outdoor Market" means the carrying on of a business, with several
market stalls all under one permanent roof, in a building, or outdoors on one
private property, which organizes a group of merchants, vendors or participants to
gather to offer handicrafts, produce and vegetables, food (with Health approval),
new and used goods or other merchandise for sale, but does not include a garage
sale. (AM#1448)
"Improvement" means anything constructed, or added to, in, upon or under
land.
"Licence" means a valid business licence issued pursuant to this bylaw.
"Licencee" means the person who holds a Licence.
"Licence Inspector" means every person employed from time to time as the
Director of Corporate Services, Deputy Director of Corporate Services or Director
of Finance, for the District of Hope. (AM #1433)
"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 or food from a
mobile truck or other vehicle.
"Non-Resident Business" means a business, other than a resident business,
which performs services or works in the Municipality and includes a business in
which goods are sold from a vehicle parked in the Municipality.
"Pawn" means the activity to deposit goods and chattels as security for the
payment of money or other consideration. (AM #1257)
Business Licence Bylaw 1124, 2003 (CO #10))
Page 6 of 13
"Pawnbroker" means a business where goods or chattels are taken in pawn. (AM
#1257)
"Peddler" means a person, group of persons or entity who goes from community
to community, place to place, house to house or business to business offering for
sale, selling or vending on any street, lane or public place in the Municipality
goods, wares, merchandise or services.
"Premises" means a building, portion of a building or an area of land where a
business is carried on.
"Second Hand Stores" means a business conducting the business of purchasing
or selling secondhand or used goods or chattels but does not include
secondhand clothing stores, thrift stores, antique dealers, auctioneering
establishments, flea markets, recycling depots or used vehicles. (AM #1257)
"Real Estate Licencee" means a person who is a licencee under the Real
Estate Act and who occupies or uses premises in the District for the carrying on
of the person's business.
"Resident Business" means a business carried on in or from premises within
the Municipality.
"Yard/Garage Sales" means a one time sale of surplus personal items.
DIVISION 1 - BUSINESS LICENCING
LICENCE REQUIREMENTS
3.
(a) Every owner or operator of a business in the Municipality shall hold a valid
licence issued under this bylaw.
(b) Every person who carries on business from more than one premise in the
District shall obtain a separate licence for each premise.
(c)
Each owner or operator of a business engaging in business, not display only,
in an exhibition or trade show shall obtain a business licence unless
otherwise licenced.
(d) The following are not required to hold a business licence in the District of
Hope:
i)
a performance, concert, exhibition or entertainment for which the entire
proceeds, above actual expenses, are devoted to a charitable purpose
and/or it is designated a 'Special Event' governed by the regulations and
fees as per the current District of Hope Fees and Charges Bylaw (AM
#1257);
Business Licence Bylaw 1124, 2003 (CO #10))
Page 7 of 13
ii)
a performance, concert, exhibition, entertainment or concession which is
held in a licenced theatre or other licenced place;
iii)
a non-residential business that delivers wholesale goods to local
retailers and/or installs furniture, equipment and machinery purchased
from a non-residential supplier where the cost of installation is included
in the purchase. This however does not include non-residential
contractors or subcontractors as defined in this bylaw and doing
business in the Municipality;
iv)
for day care services to not more than two unrelated children, or to the
children of one family, by a person who is not related to those children;
v)
a business of letting or renting rooms or suites, where not more than
two rooms or suites are available, the owner lives in the dwelling unit,
the dwelling unit remains as a single legal Title and the interval at which
rent is payable on the suite or rooms is one month or longer; and
vii) for a yard or garage sale limited to one weekend at three month
intervals (4 times per annum).
(e) No person carrying on a business shall: (AM B#1239)
i)
Display or permit to be displayed on a street, or in a window facing a
street, or elsewhere it can be seen by a person outside the premises,
any drug paraphernalia.
ii)
except where the premises are licenced as a pharmacy under the
Pharmacists Act, sell drug paraphernalia to any person under the age of
19 year.
EFFECT OF LICENCE
4.
(a) A licence is applicable only to the business described in the licence, and only
at the premises or locations described in the licence.
(b) A licence is not a representation or warranty that the licenced business or
the business premises complies with the bylaws of the District or with any
other regulations or standards.
LICENCE PERIODS
5.
Subject to Sections 6 and 7, or where the period varies as per the current District
of Hope Fees and Charges Bylaw, annual licences shall be granted for a period
commencing each January 1st and expiring each December 31st (AM #1257).
6.
The licence period for a theatre including a drive-in theatre, amusement hall,
concert hall, music hall, rink, amusement park or other place of amusement,
Business Licence Bylaw 1124, 2003 (CO #10))
Page 8 of 13
entertainment or exhibition, may be one year, six months, or three months and
the period requested shall be by written application.
7.
The licence period for a circus, concert, horse show, dog or pony show, exhibition
or other itinerant show or entertainment, when held elsewhere than in a licenced
theatre or other licenced place, shall be on a daily basis and the number of days
shall be by written application.
8.
The licence period for a seasonal business, operating six months or less, shall be
six months.
INITIAL LICENCE APPLICATIONS
9.
An application for an initial licence shall be made by completing and submitting a
Business Licence Application Form and shall be signed by an owner or operator
of the business or the owner or operator's duly authorized agent. (AM#1433)
10. A separate application form is required for each business.
LICENCE FEE
11. Every owner or operator of a business who obtains a licence shall pay, the
applicable licence fee as classified and set out in the current "District of Hope Fees
and Charges Bylaw" provided that: (AM #1433)
(a) An annual licence fee prescribed in the bylaw shall be reduced by one-half in
respect of a licence issued after July 31st in any year; (AM#1433)
(b) Licences shall be issued for the current year until the 1st day of November,
after which a licence for the next year shall be issued; and (AM#1433)
(c)
No refund of an annual licence fee shall be made to any person ceasing to do
business at any time. (AM#1433)
LICENCE RENEWAL
12. Business licence renewal notices shall be forwarded to the Licencee on or before
December 1st. A Licencee who proposes to renew a licence shall submit the
annual licence fee to the Municipal Office for processing prior to expiry of the
licence on December 31st. The Licencee shall ensure that the business licence is
renewed as required annually, whether notice is given or not. (AM#1433)
13. If the licence is not renewed within 60 days after January 1, as required by Section
12, the licence shall be terminated, applicable fines shall be applied and the
District of Hope may post a notice of business licence termination at the business
premises and on the Municipal website. (AM#1433)
DISCOUNT OF LICENCE FEE AND LATE PAYMENT PENALTY
Business Licence Bylaw 1124, 2003 (CO #10))
Page 9 of 13
14. Each annual renewal licence fee imposed by this bylaw shall be discounted by ten
percent (10%) if payment is received by the District on or before the 15th day of
December of the year preceding the commencement of the licence period.
15. A late payment penalty of ten percent (10%) will be charged if the annual renewal
licence fee imposed by this bylaw is paid after the 31st day of January.
TRANSFER OF LICENCE
16. Licences shall not be transferred from person to person, business to business or
premises to premises without first making application under this Section.
17. Any person proposing to obtain a transfer of a licence with respect to a change of
premises shall complete a Business Licence Application Form and the powers,
conditions, requirements and procedures relating to the initial licence application
apply, except the initial licence fee may be replaced by a transfer fee as per the
current "District of Hope Fees and Charges Bylaw". (AM 1433)
18. Any person proposing to obtain a transfer of a licence held by any other person
shall complete a Business Licence Application Form and the powers, conditions,
requirements and procedures relating to the initial licence application apply,
except the initial licence fee may be replaced by a transfer fee as per the current
"District of Hope Fees and Charges Bylaw". (AM 1433)
CHANGES IN BUSINESS
19. No Licencee shall change any condition on which the licence fee is based without
first completing a Business Licence Application Form and paying any additional
licence fee applicable as per the current "District of Hope Fees and Charges
Bylaw". (AM #1433)
DISPLAY OF LICENCE
20. Every Licencee shall keep the licence posted in a conspicuous place on the
premises for which the licence is issued. Where the Licencee has no business
premises in the District, the licence shall be carried upon the Licencee's person at
all times when engaged in the business for which the licence was issued within
the District of Hope.
21. The District of Hope may display the name, type of business, address and
contact number of all valid licence holders on the Municipal website.
LICENCE INSPECTIONS
22. A Licence Inspector may grant a licence upon being satisfied that the applicant
has complied with the bylaws of the District regulating building, zoning, health,
sanitation and business.
Business Licence Bylaw 1124, 2003 (CO #10))
Page 10 of 13
23. Every Licence Inspector, Building Inspector, Fire Prevention Officer, Medical
Health Officer and Bylaw Enforcement Officer of the District may enter, at all
reasonable times, on any property that is subject to this bylaw to ascertain
whether the regulations and bylaws are being observed and may make
recommendations to the Licence Inspector.
24. A Licence Inspector may suspend any licence for the period decided by the
Licence Inspector if the Licencee:
(a) is convicted of an offence indictable in Canada;
(b) is convicted of an offence under any municipal bylaw or statute of the
Province in respect of the business for which the person is licensed or with
respect to the premises named in the Licence;
(c)
has, in the opinion of the Licence Inspector, been guilty of such gross
misconduct in respect of the business or with respect to the premises
named in the licence that it warrants the suspension of the licence;
(d) has ceased to meet the lawful requirements to carry on the business for
which the person is licensed or with respect to the premises named in the
licence; or
(e) if the licencee is in contravention of Municipal bylaws.
25. A person whose licence has been suspended under Section 24 may appeal to
Council, which may on the appeal, confirm or set aside the suspension on the
terms it thinks fit. (AM#1433)
DIVISION 2 - BUSINESS REGULATION
CONTROL OF REFUSE
26. All Mobile Vendors, Take-Out-Food Businesses, including Food Convenience
Stores shall provide on-site receptacles for garbage and recyclable materials, and
dispose of the waste in an appropriate manner. Drive-In and Drive-Through
Businesses shall provide site receptacles at each entry and exit point of the
property, in addition to other locations for pedestrian traffic.
CONTRACTORS
27. Every person licenced as a Contractor shall provide the Building Inspector with a
list on a form provided by the Building Inspector of all sub-trades to be engaged
on each specific site, prior to commencement of any work on the site.
MOBILE VENDORS
28. The owner or operator of a Mobile Vending business:
Business Licence Bylaw 1124, 2003 (CO #10))
Page 11 of 13
(a) shall have the name and address painted in a conspicuous place on both
sides of every vehicle used by the business for such trade, satisfactory to the
Licence Inspector;
(b) shall not allow their vehicle to stand on any highway in the District for a longer
period at any one time than may be required in making a sale and delivery of
any commodity to a customer to a maximum of fifteen (15) minutes at any
one place on any highway, nor shall such vehicle be allowed to stand or
remain on any highway within the block bounded by intersecting streets for a
longer period than ten (10) minutes during any period of one hour while
engaged in the carrying on of his business;
(c)
shall provide on-site receptacles for garbage and recyclable materials, and
dispose of the waste in an appropriate manner;
(d) shall not allow their vehicle to stand upon any highway in a manner that
would inhibit traffic flow;
(e) shall not operate between the hours of 9:00 p.m. and 8:00 a.m.; and
(f)
shall not be or become a nuisance by generating excessive odors, music,
light, or noise.
HOME REPAIRS
29. No person shall, without instructions from the owner or occupier of the premises,
attend upon or canvass at any residential premises for the purpose of soliciting
business that is in any way connected with home and property repairs or
alterations.
PAWNBROKERS AND SECOND HAND STORES
30. All licenced persons purchasing, taking in barter, or receiving used or secondhand
goods shall notify the Officer-In-Charge of the Hope Detachment of the Royal
Canadian Mounted Police, within seven (7) days after receiving such goods by
delivering a list of the articles, on a form provided by the local RCMP detachment.
This information is to be provided on the first day of business of each week. No
person shall alter the form, or sell exchange or otherwise dispose of these goods
before the form has been submitted, or within 24 hours after the form has been
submitted to the Hope RCMP Detachment. (AM #1257)
DIVISION 3 - GENERAL REGULATIONS
CLASSIFICATION
31. For the purposes of this bylaw, businesses are classified in accordance with the
current "District of Hope Fees and Charges Bylaw (Business Licence section)"
and as permitted under the current "District of Hope Zoning Bylaw". (AM #1433)
Business Licence Bylaw 1124, 2003 (CO #10))
Page 12 of 13
32. Where a business, including home occupation, has more than one use touching
in multiple categories, as outlined in the "District of Hope Fees and Charges
Bylaw", the fee will be based on the highest category fee. (AM#1433)
SEVERABILITY
33. 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.
OFFENCE
34. Every person who violates any provision of this bylaw commits an offence
punishable on summary conviction and shall be liable to a fine of not more than
two thousand dollars ($2,000.00).
TRANSITIONAL
35.
This bylaw shall come into effect on the date of its final adoption.
REPEALS
36. The District of Hope Business Licence Bylaw No. 26/93, 1993, District of Hope
Business Licence Amendment Bylaw, No. 58/93, 1993 and the District of Hope
Business Licence Amendment Bylaw, No. 21/95, 1995 are hereby repealed.
Read a first time by the Municipal Council this 14th day of October, 2003
Read a second time by the Municipal Council this 14th day of October, 2003
Read a third time by the Municipal Council this 14th day of October, 2003
Adopted by the Municipal Council of the District of Hope this 27th day of October,
2003
"Gordon Poole"
"Kelly Ridley"
Mayor
Director of Corporate Services
Certified copy of the "Business Licence Bylaw, 2003, No. 1124" as revised in
accordance with the Bylaw Consolidation Authority Bylaw No. 1286, 2009 and all
amendments thereto.
Business Licence Bylaw 1124, 2003 (CO #10))
Page 13 of 13
_________________________
Corporate Officer