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VILLAGE OF KEREMEOS
Bylaw No. 757, 2008
Revised August 9, 2018
CONSOLIDATED FOR CONVENIENCE WITH AMENDMENT
BYLAWS 757-1, 2011 AND 757-2, 2018
Business Regulation Bylaw
______________________________________________________________________
WHEREAS Council may by Bylaw regulate in relation to business;
THEREFORE the Council of the Village of Keremeos, in open meeting assembled, enacts as
follows:
(Heading Title amended by Bylaw 757-2, 2018)
A. TITLE
This Bylaw may be cited for all purposes as "Business Regulation Bylaw No. 757, 2008".
(Heading Title amended by Bylaw 757-2, 2018)
B. DEFINITIONS
In this Bylaw:
"Bylaw Enforcement Officer" means an employee of the Village or the authorized agent or
employee of any contractor with whom the Village has an agreement to enforce its regulatory
Bylaws, appointed from time to time by resolution of Council as a Bylaw Enforcement Officer.
"Business" means carrying on a commercial or industrial undertaking of any kind or nature or
the providing of professional, personal or other services for the purpose of gain or profit, but
does not include the activity carried on by the government, its agencies or government owned
corporations;
"License Inspector" means the Chief Administrative Officer of the municipality, and/or any
person duly appointed from time to time by Council as license inspector for the municipality.
"Mobile Business" means a Business that performs a service or activity within more than one
participating municipality as outlined in the Village's Mobile Licence Bylaw but not from or in
premises in one or more participating municipalities and who provides the service or activity by
moving from client to client.
"Non-Resident" means a Business, other than a resident business, carried on in the
municipality or with respect to which any work or service is performed in the municipality.
"Principal Municipality" means the Participating Municipality where a Business is located or
has a Premises, or where the licensee does not maintain a Premises in any of the Participating
Municipalities the jurisdiction that issues the Mobile Business License.
"Resident" means a business carried out in or from premises within the municipality.
Consolidated Bylaw No. 757 - Page 2
(Heading Title amended by Bylaw 757-2, 2018)
C. REGULATIONS
1.
Licensing
a)
Subject to the exceptions contained in this Bylaw or any other law of British
Columbia, no business shall be carried on within the boundaries of the Village of
Keremeos unless the owner or operator thereof holds a valid license granted
pursuant to this Bylaw for carrying on the business.
b)
An applicant for a business license under this Bylaw shall make application to the
License Inspector on a form prescribed from time to time by the License
Inspector.
c)
The application form shall be completed in full and shall be signed by the owner
of the business or an agent authorized in writing by the owner, provided however,
that in the case of partnerships or multiple owners, any one of such owners or
partners may apply and such owner or partner applying shall be deemed the duly
authorized agent of all the owners or partners.
d)
A fee of $100 per year will apply to every business.
e)
The license fee shall be reduced by 50% if the license is applied for after July 1
in any calendar year.
f)
No refund of a license fee shall be made on account of any business ceasing to
do business at any time.
g)
A license fee shall be refunded only if the application for a license is withdrawn
prior to issuance of the license or if issuance of the license is refused.
h)
Any change of business requires the holder of a license under this Bylaw to
obtain a transfer of their license from the existing place of business to their
proposed new place of business. Every application for such transfer shall be in
the form prescribed from time to time by the License Inspector. A fee of $20 will
apply to such transfer.
i)
Every license granted under this Bylaw shall be posted in a conspicuous manner
at the place of business to which it relates. If this business is not carried on, in or
from premises within the municipality, then the license or a true copy thereof
shall be carried on the person of anyone doing business under the said license
within the Village of Keremeos boundaries.
j)
Where a business is carried on in or from more than one premise in the
municipality, the business carried on, from or in each shall be deemed a separate
business and a business license is required for each business.
k)
Where a business is carried on in or from a premise which encroaches on a
property owned by the Village of Keremeos, the business shall be required to
enter into and maintain a valid "Village of Keremeos Encroachment Agreement".
(Section C.1. l) amended by Bylaw 757-2, 2018)
l)
Where it is deemed that more than one separate and distinct business is
functioning at one premise, and/or operating under a common business name,
each business shall be deemed a separate business and a business license shall
be required for each business. The second and subsequent licenses for a single
premise shall be at a reduced fee, as stated in the Fees and Charges Bylaw 795.
m)
Every license granted under this Bylaw shall be issued in the form prescribed
from time to time by the License Inspector.
Consolidated Bylaw No. 757 - Page 3
2.
Exemptions
a)
A license is not required for:
(i)
a performance, concert, exhibition, entertainment or concession which is
held in a licensed theatre or other licensed place
b)
The following non-resident businesses are not required to hold a license under
the Bylaw:
i)
commercial travelers offering for sale or selling merchandise to
merchants for resale by them in the ordinary course of their businesses;
ii)
owners or operators of carriers other than taxicabs who either pick up
passengers or chattels in the municipality for discharging or delivery
outside the municipality or discharge or deliver in the municipality
passengers or chattels picked up outside the municipality, or both;
iii)
owners or operators of retail businesses who only deliver commodities
sold by them in the ordinary course of business and pick up commodities
being returned or exchanged;
iv)
a wholesaler, manufacturer or processor who is only in the business of
offering for sale or selling their own merchandise and delivering it in their
own vehicle to merchandise for resale by them in the ordinary course of
their business.
c)
A license is not required for artists, craftsmen or other persons participating in an
activity such as an arts and crafts show, sidewalk sale, farmers market, or other
similar activity sponsored by the Village of Keremeos, Similkameen Country
(Keremeos and area Chamber of Commerce), the Similkameen Recreation
Commission or other similar non-profit organizations whose primary objective is
to promote community, cultural, recreational or business development activities.
d)
Pursuant to the Real Estate Services Act a municipality may not impose on a
licensee under this Act any license fee for carrying on their business unless the
licensee occupies or uses premises in the municipality for carrying on their
business.
3.
Duration of Licenses
a)
Except as otherwise provided by this Bylaw, licenses shall be granted as annual
licenses for a period of one year commencing on the 1st day of January of each
year and expiring on the 31st day of December of the same year.
(Section (b) and (c) replaced by Bylaw 757-1, 2011)
b)
The License Inspector may forward an invoice and renewal form in January of
each year, to every holder of a license granted pursuant to this bylaw.
Notwithstanding this section, the holder of a license shall be responsible for
obtaining and submitting a renewal form.
c)
A holder of a license who proposes to renew a license shall submit the renewal
form accompanied by the applicable license fee to the License Inspector prior to
January 31st.
d)
In the event that a license holder fails to renew their business license within 60
days of the renewal date, they must re-apply for a business license and will be
subject to all background and building reviews which every new applicant is
subject to under the provisions of this Bylaw.
Consolidated Bylaw No. 757 - Page 4
(Heading Title amended by Bylaw 757-2, 2018)
D. POWERS AND DUTIES OF THE LICENSE INSPECTOR
1.
The Chief Administrative Officer of the Municipality and/or any person duly appointed
from time to time by Municipal Council may act as License Inspectors.
2.
The License Inspector may:
(i)
Grant a license under this Bylaw upon being satisfied that the applicant has
complied with the Bylaws of the Village regulating building, zoning, health,
sanitation and business
(New Section D.2.(ii) added by Bylaw 757-2, 2018)
(ii)
Refuse to grant a license if it is believed that the business would negatively
impact the health, safety or is not in the best public interest of the Village.
(New Section D.2.(iii) added by Bylaw 757-2, 2018)
(iii)
Impose conditions on the business license to ensure the health, safety and best
public interest to the Village.
(Section D.2.(ii) renumbered to D.2.(iv) by Bylaw 757-2, 2018)
(iv)
Suspend any license for the period he or she decides if its holder is:
(a)
Convicted of any offence indictable in Canada;
(b)
Convicted of any offence under any municipal Bylaw or statue of the
Province in respect of the business for which he is licensed or with
respect to the premises named in his license;
(c)
Has, in the opinion of the License Inspector, been guilty of such gross
misconduct in respect of the business or with respect to the premises
named in his or her license that it warrants the suspension of his or her
license;
(d)
Has ceased to meet the lawful requirements to carry on the business to
which he or she is licensed or with respect to the premises named in the
license; or
(e)
Has, in the opinion of the License Inspector, conducted his business in a
manner, performed a service in a manner, or sold, offered for sale,
displayed for sale or distributed to a person actually or apparently under
the age of 19 years, anything that may be harmful or dangerous to the
health or safety of a person actually or apparently under the age of 19
years.
(Section D.3 amended by Bylaw 757-2, 2018)
3.
A person whose application for a license has been refused or whose license has been
suspended under this Bylaw, may appeal to the Council. The appeal to Council may
confirm or set aside the suspension, and may impose on conditions on the license.
4.
The License Inspector and any Bylaw Enforcement Officer of the Village are hereby
authorized to enter, at all reasonable times, on any property which is subject to the
provisions of this Bylaw to ascertain whether the provisions of this Bylaw are being
observed.
(Heading Title amended by Bylaw 757-2, 2018)
E. EFFECT OF LICENSE
1.
A license granted pursuant to this Bylaw authorizes the business to be carried on only at
the premises or location described in the license.
Consolidated Bylaw No. 757 - Page 5
2.
A license is not a representation or warranty that the licensed business or the business
premises comply with the Bylaws of the Village or with any other regulations or
standards. The holder of the license remains responsible to ensure compliance with all
Bylaws and enactments.
(Heading Title amended by Bylaw 757-2, 2018)
F. GENERAL
1.
If any section, subsection or clause of this Bylaw is held to be invalid by the decision of
any court of competent jurisdiction, the invalid portion shall be severed and shall not
affect the validity of the remainder of this Bylaw.
2.
A person who carries on a business for which a license is required by this Bylaw without
holding a valid and subsisting license for the business commits an offence and is
punishable in accordance with the Offence Act.
3.
Every person who violates any provision of this Bylaw is guilty of an offence and shall be
liable on summary conviction to a total fine of not more than two thousand dollars
($2,000.00) plus the cost of prosecution for each offence.
(Section F.4 amended by Bylaw 757-2, 2018)
4.
Every day or portion of a day for which a continuing offence takes place is liable to a fine
not exceeding $250 for each day such offence continues.
5.
All business licenses issued for the business license year beginning November 1st 2007
are hereby automatically extended to be in force and effect until December 31, 2008 with
no additional charges being applied to those business license holders for the extension
of their license until December 31, 2008.
6.
Business License Bylaw No. 591, 1999 and all subsequent amendments are hereby
repealed.
READ a first, second and third time this 20th day of October, 2008
ADOPTED this 17th day of November, 2008
"Walter Despot"
_____"Joni Heinrich"___________
Mayor
Chief Administrative Officer
Consolidated under the provisions of the Community Charter to include Bylaw Nos. 757-1, 2011
and 757-2, 2018. Printed under the authority of the CAO of the Village of Keremeos this 9th day
of August, 2018.
________________________________________
Chief Administrative Officer