Business Licence Bylaw No. 1220 (2025)

Houston, British Columbia

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'1 s - BYLAWN0. 1220, 2025 %' DISTRICTor HOUSTON A bylaw to provide for the licencing and regulation of all business within the District of Houston WHEREASpursuant to the CommunityCharter, the Councilof the Districtof Houston may, by bylaw, regulate in relation to business; NOW THEREFORE,the Council of the Districtof Houston in open meeting assembled enacts as follows: Definitions 1.1 The followingterms are defined herein as follows: Artisan means a person or business engaged in the creation, production, or sale of handmade goods, crafts, artwork, or similar products, where the primary business activity involves the use of artistic skill or craftsmanship. This includes, but is not limitedto, pottery, jewelry, woodworking, textiles, painting, sculpture, home baking, small-scale food preparation and other creative works produced in small quantities by an individual. Applicant means any person who makes an application for a business licence under the provisions of this bylaw. Business means carrying on a commercial or industrial undertaking ofany kind and providing professional, personal or other services for the purpose of gain or profit, but does not includean activity carried on by a government, its agencies or government owned corporations. Bylaw Enforcement Of?cer means the person(s) or class of persons appointed as such by the Bylaw Notice Enforcement Bylaw. Bylaw Notice Enforcement Bylaw means Districtof Houston BylawNotice Enforcement Bylaw No. 1216, 2025. Cannabis has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modi?cations. Cannabis Retail Store means a business licensed under the Cannabis Control and Licensing Act (Province of BC) for the sale of cannabis and cannabis accessories. Council means the Councilof the District of Houston. Development Bylaw means Development Bylaw No. 1040, 2013, as amended. District means the Districtof Houston as incorporated. i ll BylawNo. 1220, 2025 - Business LicenceBylaw Page 2 Escort means a person who, for a fee or other remuneration, escorts and accompanies another person other than for the purpose of providing assistance to that person because of that person's age, medical condition or disability. Escort Agency means the business of providing or offering to provide the services, names of, or arranging for persons to act as an Escort for a third party. Escort Service means the business of acting as an escort. Fees and Charges Bylaw means Comprehensive Fees and Charges Bylaw No. 1094, 2017, as amended. Farmer's Market means a premise used as a market providing a direct marketing outlet for local farmers, food processors, or artisans. Garage Sale means the occasional and infrequent sale of second--hand household goods belonging to the owner or occupant of a residential premises, but does not includethe sale of vehicles, new goods, or goods on consignment. Inspector means the officers or employees of the Districtduly appointed as such for the purpose of enforcing the provisions of this Bylaw, and shall include the assistants or deputies as appointed from time to time. Licence means a licenceissued pursuant to this Bylaw. Licences means the person who has been granted a Licence. Liquor Outlet means premises licensed under the Revised Statutes of British Columbia providing and/or serving primarilyalcohol, including,but not limitedto, pub, lounge, beer and wine store. Medical Health Officer shall mean the officer or employee appointed as such under the Health Act for the Provinceof BritishColumbia. Mobile Business means a business conducted from place to place within the Districtwithout a fixed, permanent commercial premises in the District, and operated from, on, or with a vehicle, trailer, cart, portable equipment, temporary setup, or by attending at a customer's locationto provide goods or services. Mobile Business includes, without limitation,MobileVendors and MobileContractorslicensedunder this bylaw, and may be dispatched from a residence provided that any on--siteactivityat the residence complies with the District of Houston Development Bylaw No. 1040, 2013, as amended. Mobile Contractor means a mobile business that provides construction, installation,maintenance, repair, or similarservices at locationsother than at a ?xed, permanent commercial premises in the District and that may transport tools, equipment, or materials to and fromjob sites using a vehicle or trailer. Bylaw No. 1220, 2025 --- Business LicenceBylaw Page 3 1.2 Mobile Vendor shall mean a mobile business that sells or offers for sale goods, merchandise, or prepared food from a vehicle, trailer, cart, or other portable unit, or from a temporary setup at various designated locations within the District, and that does not operate from a fixed, permanent commercial premises in the District. Municipal Ticket Information Bylaw means Districtof HoustonMunicipal Ticketing InformationSystem Implementation Bylaw No. 1060, 2014, as amended. Premise includesany place occupied or capable of being occupied by any person for the purpose of conducting a business, trade, or occupation and any area situated within such place where more than one separate or distinct class or classificationof business or both is being carried on. Residential and Temporary Rental Accommodations means any building, dwelling unit, housekeeping unit, or sleeping unit that is rented or intendedto be rented to a tenant for any length oftime, includingshort-term rentals (less than 30 days), long-term rentals, and temporary accommodations normally occupied by tourists or transient persons. Sidewalk Vendor means a person who operates a pushcart to sell goods or services on sidewalks, in commercial zones, within municipal parks, or on private property zoned for such use, with the permission of the property owner. The terms and de?nitionsdefined in this Bylaw shall also include their singular, plural, masculine, feminine,past, present and future forms. 1.3 All references to a statute, regulation, or bylaw are references to such legislative 1.4 instrumentsas amended from time to time. Schedules "A"is attached hereto and form a part of this bylaw. PART II -- DELEGATIONOF AUTHORITY inspector's Powers and Duties 2.1 The inspector is hereby authorizedto grant, refuse, suspend, impose terms and conditions, and cancel business licenses subject to the limitationson such powers provided for in this bylaw. Bylaw No. 1220, 2025 -- Business Licence Bylaw Page 4 Inspections 2.2 The Inspector or a Bylaw Enforcement Officer may, at reasonable times and in a reasonable manner, enter on or into a property, building, structure, or other premises where business is or appears to be carried on to inspect and determine whether all restrictions, conditions and requirements under this bylaw or another applicable enactment are being met. Bylaw Enforcement 2.3 The Bylaw Enforcement Officer is hereby delegated the authority to issue tickets for an offence against this bylaw and refer any disputed tickets to the Provincial Court, in accordance with the Municipal Ticket Information Bylaw, or to an adjudicator, in accordance with the Bylaw Notice Enforcement Bylaw. PART Ill -- GENERALREGULATIONS Licence Required A person must not carry on any business withinthe municipality without a valid licence issued by the business licence inspector. 3.2 A person must apply for and obtain a separate business licence for each: (1) location in the Districtfrom which the business is carried on; and (2) trade name or type of business where two or more separate and distinct trade names or types of business are identi?edas being located at the same premises, and Exemptions 3.3 The following businesses are exempt from the licensing requirements of this bylaw: (1) the District, its agencies and corporations; (2) a person who conducts a program or course on behalf of the District; (3) a division, agency, or corporation of the Government of BritishColumbia or the Government of Canada; (4) garage sales; (5) any activity conducted by a registered non-pro?t society or charity, providedthat proof of current registration is provided; (6) fundraising activities held by educational organizations, sports teams, or community associations; (7) buskers or street entertainers; and (8) a person who sells or advertises goods, products or services as part of a Farmers' Market or a flea market. Applications and Collection of Information BylawNo. 1220, 2025 -- Business LicenceBylaw Page 5 3.4 3.5 3.7 A person may apply for a licence by submitting a completed application to the inspector in the form provided by the Districtfrom time to time, together with any further informationthat may be requested by the inspector, and payment of the licensingfee for the applicable business category as designated by the Fees and Charges Bylaw. An application for a licence must include the followinginformation: (1) a true copy of a current and valid identi?cationrecord showing the name, address, business contact information,and signature of: (a) the applicant; (b) the business owner, ifdifferentfrom the applicant; and (c) the signing officers of an incorporated business, society, or other organization identifiedwith the business. (2) the civic address of the parcel or parcels of land on which the business is to be carried on; (3) if the business is carried on by an incorporated business, society or partnership: (a) the civicaddress of the registered records of?ce, ifdifferentfrom that of subsection (2); and (b) proof of incorporationand of being in good standing withthe federal or provincial registrar, as applicable; (4) a descriptionof the business and business activities; (5) the proposed opening date for the business and, in the case of a seasonal business, the proposed end date; (6) if the licence is for a person under the age of 19 years, written acknowledgement and consent by their parent, guardian or another responsible adult, consenting to the underage person's engagement in the business activity and agreeing to supervise the licensee or otherwise be responsible to ensure compliance with this bylaw, other applicable enactments, and the terms of a licence. if requested by the inspector, an applicant or licensee must also provide the followinginformationat their sole expense: (1) a detailed physical description of the business premises; (2) a copy of a current legal title search of the parcel on which the business is to be operated; (3) proof of any certification,approval, permit, registration or other evidence of trade or professional qualification that may be required under an enactment in relation to the business operation, its premises or employees; Bylaw No. 1220, 2025 -- Business Licence Bylaw Page 6 3.8 3.9 3.10 (4) a criminalrecord check search by the RCMP for any outstanding charges or convictionsfor an offence relevantto the business activity; (5) the number of rental units involvedin the business; (6) any further informationthat, in the inspector's opinion, is relevant and material to determining whether a licence should be issued or continued, provided that such informationis relevant to ensuring the conduct of the business can be conducted in a manner which is in accordance with the District'sbylaws and any other applicable legislation. An applicant or licensee must notify the Director in writing of any change or correction to the informationprovided on the licence application. An applicant for a licence, and the licensee if different from the applicant, must certify that all of the informationprovided in relation to the application and the business is current, true and accurate. The applicant is solely responsible forthe cost of providinginformationfor a licence application. Issuance of Licence 3.11 The inspector may issue a licence ifthey are satis?ed that the applicant appears to be in compliance withthis Bylaw and that the business is likelyto be carried on in accordance withthe District'sbylaws and any other applicable legislation. Non-Transferable 3.12 (1) A business licence may not be transferred to another person or another premise withoutthe prior approval ofthe Inspector and payment of the non- refundable transfer fee designated by the Fees and Charges Bylaw. (2) An application to request a business licencetransfer willbe refused by the Inspector where the premises to which the applicant wishes to transfer the Licence to do not comply with the requirements of the District's bylaws. Where a transfer is refused, no refund shall be given to the applicant. Term of Licence 3.13 A licence is valid for either: (1) the year in which it is obtained unless is cancelled or suspended; or (2) for the period specific by the licence for temporary or seasonal businesses. Bylaw No. 1220, 2025 -- Business Licence Bylaw Page 7 Liquor and Cannabis Licence Application and Relocation Fees 3.14 (1) A person applying for a new licencefor a liquor outlet or cannabis retail store must, as part of their application, pay the non--refundablelicence application fee designated by the Fees and Charges Bylaw. (2) A person seeking to amend an existing licence for liquor outlet or cannabis retail store must pay the non~refundablelicence amendment fee designated by the Fees and Charges Bylaw. This provision applies to all licence amendment requests that require administrativereview, coordinationwith provincial licensing authorities, and Council consideration. Licence Renewals 3.15 (1) The Inspector may forward a Licenceinvoice before December 31 in each year to every Licenseefor licencesin the followingyear. (2) Notwithstandingsubsection (1), a Licensee is responsible for renewing the Licenceeach year that the Licensee carries on the business. Late Renewal Fees An application for a business licence renewal submitted after February 28 of the applicable calendar year is subject to the non--refundablelate application fee designated by the Fees and Charges Bylaw, which is payable at the time of submission. Display of Licence 3.16 Every person who is required to obtain a licence under this Bylaw must ensure that: (1) the licenceis posted in a prominent and conspicuous locationto which the public has access at the business premises; (2) in the case of a mobile business, is posted in a prominent and conspicuous locationwhich the public has a clear line of sight to on the mobile unit; or (3) in the case of a business whichneitheroperates from a fixed locationnor a mobile unit, is carried on the person of the licensee and can be produced at the request of the Inspector or a Bylaw EnforcementOfficer. PART IV -- BUSINESSREGULATIONS Mobile Vendors 4.1 (1) A mobile vendor must not do business within30 metres of other businesses offering similar goods and services and operating from a fixed building or location,unless written permission is provided by the likebusinesses. (2) A mobile vendor is permitted to locate on private premises only with the written permission of the owner, at a locationwhere such use is permitted by the Development Bylaw. (3) A mobile vendor is permitted to operate on Districtowned premises as part of Farmers' Markets or special events permitted by the Districtwith the Bylaw No. 1220, 2025 -- Business Licence Bylaw Page 8 written permission of the named license of the Farmers' Marketor named special event organizer. (4) A mobile vendor is permitted to operate at locations listed in Schedule "A" of this Bylaw ifthe mobile vendor: (a) enters into a Facility Use Agreement with the District in the form provided from time to time;and (b) provides proof of the followinginsurance coverage, as applicable: (i) comprehensive liability insurance and property damage insurance providingcoverage of at least $2,000,000 inclusive against liabilityfor bodilyinjuryor death or damage to property on an all-risk basis, and includingthe Districtas an Additional Insuredparty; and (ii) automobile insurance for public liabilityand property damage providing coverage of at least $1,000,000 inclusive on owned, non-owned, or hired vehicles, and includingthe Districtas an AdditionalInsuredParty. (5) Where food and beverages are being prepared or sold, the mobile vendor must have a valid permit from the health authority. (6) A mobile vendor, in addition to the other requirements contained herein, must also: (a) provide suitable waste collection equipment and keep the area around the vending locationfree of any waste material originating from the vendor's business; (b) ensure that all mobile vending units are always staffed when operating and are removed from the locationwhen not staffed; and (c) ensure that Mobilevending units are self-contained with no hard- wired connections to services or utilities. Mobile Contractors 4.2 A licence issued to a mobile contractor willbe considered to have been issued for any locationat which the mobile contractor may be conducting business at. Farmers' Markets 8. Flea Markets 4.3 4.4 4.5 A business licence issued to a Farmers' Market shall be considered to licence all vendors participating as part of the Marketfor all days on which itoperates. A farmer's market or flea market must not be located on any public highwaywithin the District of Houston. In addition, such markets must not operate on District- owned property withoutthe District'swritten permission In addition to all other licensing requirements of this bylaw, a Farmers Market must also: BylawNo. 1220, 2025 -- Business LicenceBylaw Page 9 (1) (2) (3) (4) (5) (6) (7) provide the Inspector with proof of written permission from the property owner which allows: (a) the market to be located on the premises; and (b) to allow customers to access washroom facilities located on or adjacent to the premises; provide the inspector with proof of Comprehensive public liabilityinsurance and property damage insuranceproviding coverage of at least $2,000,000 inclusiveagainst liabilityfor bodilyinjuryor death or damage to property on an all-risk basis, includingthe property owner as an additionallyinsured party; ensure that the vendors who sell food and beverages have the necessary health permits and displays the health permits at any space where food products are sold, except ifoperating at a Farmer's Market; comply and ensure compliance among the persons who are participatingin the market with any conditions,restrictions or requirements of the medical health officer.the Local Assistant to the Fire Commissioner, and the R.C.M.P.; pick up all garbage and debris within 100 meters of their location,which results from the business operation; satisfy the Inspector that the Marketwillnot create a traffic hazard or result in obstructionor other nuisance on Districtstreets, sidewalks or access routes; and removethe market from the parcel daily upon the close of business. Sidewalk Vendors 4.6 A Sidewalk Vendor may set up a Pushcart within a sidewalk in all commercial zones and within a municipal park, or on any property zoned for such purposes with the permission of the owner, with the followingexceptions: (1) (2) (3) (4) a Sidewalk Vendor shall not set up a Pushcart within 30 metres of fixed restaurants, except with the written permission of the owner or operator thereof; within a municipal park, Sidewalk Vendors shall not set up at any location except for those designated by Schedule "A",except withwritten permission from the groups sponsoring sports events and activities; No Sidewalk vendor shall operate on any sidewalkor portion thereof which is not at least 1.5 metres in width, and must not occupy more than 0.75 metres of the width of such sidewalk; No sidewalk vendor shall unreasonably obstruct any traffic control device, sign, or intersection; BylawNo. 1220, 2025 -- Business LicenceBylaw Page 10 4.7 (5) A capable person must be in attendance at a pushcart at all times while in permitted zones. in addition to the licensing requirements of this bylaw, a Sidewalk Vendor must also provide to the Inspector: (1) informationabout the desired location(s)they wish to occupy, as well as the dates and times from which they desire to operate; (2) proof of comprehensive public liabilityinsurance and property damage insurance providing coverage of at least $2,000,000 inclusive against liabilityfor bodilyinjuryor death or damage to property on an all-riskbasis, includingthe property owner as an additionallyinsured party; (3) proof of written permission from the property owner for the business to be present at the proposed location(s);and (4) specifications of the proposed pushcart, which shall not exceed 2.5 metres in length, 2.45 metres in height, and 0.75 metres in width. Escort Agency Regulations 4.8 4.9 4.12 Without limiting any other section of this bylaw, every person applying for, renewing, or transferring a business licence for an escort agency or escort service must provide to the Districttogether with an application, at their own cost: (1) a listof the name, address, and date of birth of each person employed in or otherwiseengaged in, retained by or through such escort agency business; (2) a criminalrecord check carried out withinthirty (30) days before the date of the application, for the applicant and, if such person is a corporation, for each person that is or withinthe last ?ve years of the date of the application was a shareholder,directoror of?cer of that corporation; and (3) a criminalrecord check carried out withinthirty (30) days before the date of the application for each person employed in or othenrvise engaged in, retained by or through such escort agency business; A licence for an Escort Agency or Escort Service must be refused by the Inspector if: (1) an applicant or any current or former shareholder, director, or officer of the proposed business has been convicted of a criminaloffence underthe Criminal Code of Canada:or (2) a person employed in or otherwise engaged in, retained by or through such escort agency business is under nineteen (19) years of age. A person carrying on the business of an Escort Agency shall maintain, at the premises identi?ed in the business licencefor that business, a written record of: (1) The legal name, address, and age of every escort employed or othenNise engaged in that Escort Agency business; and Bylaw No. 1220, 2025 ---- Business Licence Bylaw Page 11 (2) The legal name, address and age of every person to whom the services of an escort are provided or offered to be provided or on whose behalf an arrangement for an escort is made. 4.13 A person carrying on the business of an Escort Agency must provide to the Licence Inspector on request the records required to be maintained by that person under section 4.12. Residential or Temporary Rental Accommodations 4.14 A person who supplies residential or temporary rental accommodations must obtain a business licence from the District of Houston. This includes short-term rentals, long-term rentals, and tourist accommodations. 4.15 in addition to informationabout the applicant, the applicationmust also include the name and contact information of the property manager if different from the applicant Liquor Outlet 4.16 A license willnot be granted to an applicant for the operation of any liquor outlet without having ?rst obtained the approval of the Liquor Control and Licensing Board and a copy of such approval in writing delivered to the District. Cannabis Retail Store 4.17 A license willnot be granted to a cannabis retail store in until a provinciallicense under the regulations of the Cannabis Control and Licensing Act is approved and a copy of such approval in writing is delivered to the District. Artisan 4.18 Any person or entity operating a business as an Artisan must obtain a licence from the District of Houston. Such licence will be considered to apply to the primary location and any location at which goods may be sold or placed on consignment. PART V -- ENFORCEMENT Compliance with Law 5.1 A person carrying on a business withinthe Districtmust at all times comply: (1) with this bylaw, or other bylaws of the District or other local governments having jurisdiction over the business activity, and with any applicable enactments of the provincial and federal governments; (2) with any and all terms and conditions, restrictions, or limits of a licence issued under this Bylaw and any other applicable enactment; (3) with any direction, requirements, restrictions, or limits established by Council pursuant to a reconsiderationof a decision to suspend or cancel a licence; and must endeavor to operate the business in a manner that reasonably: Bylaw No. 1220, 2025 -- Business Licence Bylaw Page 12 (4) (5) (6) meets trade, occupational, professional or other standards established by law or, in the absence of law, by customary practice for that business; avoids nuisance for owners and residents inthe vicinityofthe business and the public generally; and prevents and minimizes risks to the health and safety of employees, patrons, neighbours, and the public generally. Refusal, Suspension or Cancellation of Licence 5.2 Ifthe Inspector refuses, suspends, or cancels a licence, the Inspector must provide reasons in writing to the applicant or licensee, as applicable. Notice of the refusal, suspension or cancellation is deemed to be sufficient ifdelivered: (1) (2) (3) by mailing or leaving the notice with the business owner, operator, manager or agent, or by deposit inthat person's mailbox or receptacle at the person's place of business or residence; by mailing or otherwise delivering to the address of the premises described in the application;or ifthe person to whom a notice is directed cannot be found, is not known, or reuses delivery, by posting a copy of the order in a conspicuous place on the premises noted in the application. ' Terms and Conditions of Licences 5.3 The Inspector may impose terms and conditions that must be met for obtaining, continuing to hold, or renewing a licence respecting the following matters: (1) (2) (3) (4) (5) (6) employee and patron behaviour at the business premises; employee, patron and public health safety and security at the place of business; physical conditionof the place of business; types of entertainment that may be provided in or on the premises; hours of operation; and the effective period of any licence. Reconsideration 5.4 A person whose licence has: (a) ('0) additional terms and conditions imposed on it by the Inspector; or been refused, suspended or cancelled by the Inspector; may make a written appeal of such a decision to Councilwithinseven days of such decision. An appeal willbe presented to and considered by Council its next open meeting, at which Council may dismiss the appeal, impose such terms and conditions as necessary in granting a licence, or overturn the inspector's decision. Bylaw No. 1220, 2025 -- Business Licence Bylaw Page 13 Violations and Penalties 5.5 Every person who: (1) offends against this bylaw; (2) suffers or permits any act or thing to be done in contraventionof this bylaw; (3) neglects to do or refrains from doing anything to be done by this bylaw; (4) does any act or thing which violates any provision of this bylaw; is deemed to be guilty upon summary conviction of an offense under this bylaw. 5.6 Each day that an offence continues shall constitute a new and separate offence. 5.7 A person who commitsan offence is liable for a fine not exceeding $50,000 and the costs of prosecution. 5.8 Notwithstanding anything herein contained, the amount of any and every license payable by any person pursuant to the provisionsof this bylaw shall be a debt due by that person to the Districtwhich shall be recoverable together with costs in any Court of competent jurisdiction. 5.9 The Inspector and Bylaw Enforcement Of?cer may enforce this bylaw by serving a ticket issued under the Offence Act, Municipal Ticket InformationBylaw, or Bylaw Notice Enforcement Bylaw. PART VI -- IMPLEMENTATIONAND CITATION Commencement Date 6.1 This bylaw shall come into force and effect on January 1, 2026, or on the date of adoption ifadopted after January 1, 2026. Repeal 6.4 Upon the commencement date of this bylaw, District of Houston Business Licence Bylaw No. 1085, 2016 and all amendments thereto are repealed. Citation 6.5 This bylaw may be cited as "Business Licence Bylaw No. 1220, 2025". READA FIRST TIMEon the 16'hday of September, 2025 READA SECONDTIMEon the 21Stday of October, 2025 PUBLICNOTICE ADVERTISINGGIVENbetween the 24'hday of October, 2025 and the 13th day of November, 2025 PUBLICINPUTOPPORTUNITYHELDon the 18'hday OfNovember, 2025 READA THIRDTIMEon the 13mday of November, 2025 ADOPTEDON THE2NDday of December, 2025 Bylaw No, 1220, 2025 -- Business Licence Bylaw Page 14 SHANE BRIENEN MAYOR Bylaw No. 1220, 2025 ~ Business Licence Bylaw Page 15 SCHEDULE "A" Permitted Mobile Vending Locations Four Seasons Park -- Rodeo Grounds RODEOARLNA ' bkmomuos Bylaw No. 1220, 2025 ~ Business Licence Bylaw Page 16 SCHEDULE"A" Permitted Mobile Vending Locations Four Seasons Park - Sports Fields mGunman; Bylaw No. 1220, 2025 --- Business Licence Bylaw Page 17 SCHEDULE"A" Permitted Mobile Vending Locations Jamie Baxter Park *5» 141MSTREETWEST ' MEDICAL CENTER lIBRARV SKATEBOARD max Bylaw No. 1220, 2025 -- Business Licence Bylaw Page 18 SCHEDULE "A" Permitted Mobile Vending Locations East End of Steelhead Park ELEMENTSRESTAURANT Byiaw No. 1220, 2025 ~ Business Licence Bylaw Page 19 SCHEDULE"A" Permitted Mobile Vending Locations West End of Steelhead Park VISITOR INFORMATION ' 1» *thmdia' ,. sms t MALLPARK G lOT ' w