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VILLAGE OF KEREMEOS
Bilaw
No. 752, 2007
Inter-Community
Business
Licence
Bylaw
(Formerly titled the Mobile Business
Licence
Bylaw)
WHEREAS Okanagan--Similkameen municipalities wish to enter into an agreement
with
one-another
to
permit certain
kinds
of Businesses
to
operate
across
municipal
jurisdictions within the Okanagan-Similkameen
regions while minimizing the need to
obtain a separate
Municipal Business
Licence in each jurisdiction;
AND WHEREAS each of the undersigned
local governments
(herein called singularly the
Participating Municipality or as a group the "Participating Municipalities") has adopted this
Bylaw;
NOW THEREFORE
the Municipal Council of the Village of Keremeos, in open meeting
assembled,
enacts as follows:
1. There is hereby established
an inter--municipalbusiness
licence scheme, pursuant to
Section 14 of the Community Charter and according to the terms and conditions of
this Bylaw.
2. This bylaw may be cited for all purposes
as "Inter--CommunityBusiness Licence Bylaw
No. 752, 2007".
3. In this Bylaw:
"Business" has the meaning as defined by the Community Chan'er SCHEDULE
--
Definitions and Rules of Interpretation.
"Excluded Businesses"
means business
types which are excluded from application
Consolidated
Bylaw No. 752
--
Page 2
"Inter--CommunityBusiness Licence" means a business
licence which authorizes
an
Inter-Community Business to be carried on within the boundaries of any or all of the
Participating Municipalities in accordance
with this Bylaw.
"Municipal Business Licence" means a licence or permit, other than an Inter--
Community Business Licence, issued by a Participating Municipality that authorizes
a Business to be carried on within the jurisdictional boundaries of that Participating
Municipality.
"Pn'iciptngai
Mmeiipa/ity" means those of the following municipalities that have
adopted this Inter-Community Business Licence Bylaw and any other municipalities
that adopt this bylaw at a later date:
City of Armstrong
Westside
District
District of Coldstream
Municipality
City of Enderby
City of Kelowna
Village of Keremeos
District of Lake Country
Village of Lumby
Town of Oliver
Town of Osoyoos
District of Peachland
City of Penticton
Town of Princeton
City of Salmon Arm
City of Vernon
Township of
District of Summerland
City of Revelstoke
Spallumcheen
"Person" includes an individual, corporation, organization, partnership,
proprietorship, firm and the personal or other legal representative
of a person to
whom the context may apply under this Bylaw.
"Premises" means a fixed or permanent location where the applicant ordinarily
carries on Business.
"Principal Municipality" means the Participating Municipality where a Business is
located or has Premises or, where the Licencee does not maintain Premises
in any
of the Participating Municipalities, the jurisdiction that issues the Inter--Community
Business
Licence.
. Subject to sections 6 and 8, a Person who has obtained an Inter--Community
Business
Licence may carry on Business within a Participating Municipality for the
term authorized by the Inter--CommunityBusiness
Licence without obtaining a
Municipal Business Licence in the other Participating Municipalities.
Consolidated Bylaw No. 752
--
Page 3
6.
Notwithstanding that a Person may hold an Inter--CommunityBusiness Licence that
would make it unnecessary
to obtain a Municipal Business Licence in other
Participating Municipalities, the Person must still comply with all other regulations of
any Municipal Business Licence bylaw or regulation in addition to any other bylaws
that may apply within any jurisdiction in which the Person carries on Business.
7. A Business that operates an Inter--CommunityBusiness may only apply for an inter--
Community Business Licence from the Participating Municipality in which they
maintain a Premises.
8. Neither this Bylaw nor the issuance of an Inter-Community Business Licence
eliminates a requirement of a holder of an inter--CommunityBusiness Licence to
obtain a Municipal Business
Licence for each Premise that is maintained within the
jurisdiction of the Participating Municipality.
9. Notwithstanding Sections 5, 6 and 7, the Participating Municipalities agree that
where an applicant for an Inter--CommunityBusiness Licence does not maintain
Premises
in any of the Participating Municipalities, then the applicant may apply at
any one of them. The Participating Municipality's Municipal Business Licence must
be purchased prior to the application for an Inter--CommunityBusiness Licence.
10.The fee for an inter--CommunityBusiness Licence is $150 and shall be retained by
the Participating Municipality that issues the licence. The licence fee shall be
reduced by 50% ifthe licence is applied for after July tst in any calendar year.
The
fee for an inter-Community Business Licence is separate and additional to any
Municipal Business
Licence that may be required.
11.Every Inter--CommunityBusiness Licence shall be issued in a standard form to be
agreed upon from time to time by the Participating Municipalities. Each Participating
Municipality shall periodically provide the other Participating Municipalities with a list
of Inter-Community Business Licences that it has issued during the calendar year.
12.A Participating Municipality may exercise the authority of the Principal Municipality
and suspend an Inter--CommunityBusiness Licence in relation to conduct by the
holder within the Participating Municipality which would give rise to the power to
suspend
a business licence under the Community Charter or the business
licence or
regulation bylaw of the Participating Municipality. The suspension
shall be in effect
throughout all of the Participating Municipalities and it shall be unlawful for the holder
to carry on the Business authorized by the Inter--CommunityBusiness Licence in any
Consolidated
Bylaw No. 752
--
Page 4
consider whether or not the licence should be cancelled pursuant to Sections 15 or
Section 60(2) of the Community Chatter and amendments
thereto.
14.Any resolution made under Section 13 shall be communicated
in writing to the
Principal Municipality that issued the inter-Community Business Licence, together
with such documentary evidence of the reasonable
cause as may be available, and
such Principal Municipality shall as soon thereafter as reasonably possible consider
whether the inter--CommunityBusiness Licence should be cancelled.
15. ln making any decision as to whether to cancel an Inter--CommunityBusiness
Licence under Section 14 or Section 60(2) of the Community Charter and
amendments
thereto, the Principal Municipality shall approach the matter as ifthe
conduct complained of had occurred within its own boundaries.
16.The Principal Municipality willretain the authority to hear related reconsiderations or
appeals of suspensions
and cancellations
of lnter--CommunityBusiness Licences.
17. Nothing in this Bylaw affects the authority of a Participating Municipality to suspend
or cancel any business
licence issued by that municipality or to enact regulations in
respect of any class of Business under Section 15 of the Community Charter or
amendments
thereto.
18.A Participating Municipality may, by notice in writing to each of the other
Participating Municipalities, withdraw from the Inter-Community Business Licence
scheme
established
by this Bylaw, and notice must:
a.
Set out the date on which the withdrawing municipality willno longer
recognize the validity within its boundaries of business
licences issued
pursuant to this Bylaw, which date must be at least six months from the date
of the notice; and
b.
Include a certified copy of the Bylaw authorizing the withdrawal.
19.An Inter--CommunityBusiness Licence issued prior to the effective date of the
withdrawal shall, until it expires, remain valid within the boundaries of the
withdrawing Municipality;
20.The invalidity or unenforceabllity of any provision of this Bylaw shall not affect the
validity or enforceability of any other provisions of this Bylaw and any such invalid or
unenforceable
provision shall be deemed to be severable.
Consolidated Bylaw No. 752
--
Page 5
This Bylaw shall come into force and take effect on the lst day of January,
2008.
READA FIRST, SECOND ANDTHIRDTIMETHIS 3RDDAY OF DECEMBER 2007
ADOPTED BYCOUNCIL THIS 17THDAY OF DECEMBER 2007
"Walter Despot"
"Joni Heinrich"
Mayor
CAO
Consolidated under the provisions of the Community Charter to include Bylaw 752--4,
2024.
Printed under the authority of the Corporate Officer of the Village of Keremeos
this 24th day of January 24, 2025.
%M
Co
0 ate Officer
Consolidated Bylaw No. 752
--
Page 6
--)
Schedule
A to Bylaw No. 752, 2007
The following Business
types are Excluded Businesses
for the purposes
of application
for an Inter-Community
Mobile Business
Licence under the inter--municipalbusiness
licensing scheme set out in this Bylaw:
1. Social escort services
2. Special Authorization Licence (for example, taxis, limousines, buses or any
other passenger
directed transportation)
3. Body--rubservices (which includes the manipulating, touching or stimulating
by any means, of a Person's body or part thereof, but does not include
medical, therapeutic or cosmetic massage
treatment given by a Person duly
licensed or registered under any statute of the Province of British Columbia
governing such activities or a therapeutic touch technique.)
4.
Boat rental companies (includes tours, carriers, fishing, parasaliling and any
other hired/rental boat related activities)