Business Licence Bylaw No. 1325

Kimberley, British Columbia · adopted 1979-08-27

This is the exact embedded text of the captured official document. Snapshot ff8e772e1482 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF KIMBERLEY BYLAW NO. 1325 KIMBERLEY BUSINESS LICENCE BYLAW, 1979 Adopted: August 27, 1979 Consolidated for Convenience Only: June 10, 2013 DISCLAIMER The version of this bylaw of the City of Kimberley is provided for information or research purposes only. Every effort is made to ensure the accuracy of copies of bylaws; however, this is not an official version of City of Kimberley bylaw, and should not be relied upon as such, and these documents are not admissible in a court of law. For such purposes, official certified copies can be obtained from the Chief Corporate Administration Officer. Before making any decisions based on the copy of the bylaw, you should confirm all information contained therein. The City of Kimberley will in no event be liable or responsible for damages of any kind arising out of the use of the copy of this bylaw. CITY OF KIMBERLEY PROVINCE OF BRITISH COLUMBIA BYLAW NO. 1325 A BYLAW RESPECTING LICENCES FOR CARRYING ON BUSINESS WITHIN THE MUNICIPALITY AND FOR FIXING THE FEES FOR SUCH LICENCES. The Council of the City of Kimberley, in open meeting assembled, enacts as follows: 1. BASIC PROVISIONS: (a) VALID LICENCE: In the City, and subject to Section 441 of the Act, no person shall carry on any business, advertise, call or in any manner suggest that he is conducting or is willing to conduct business unless he is the holder of a valid and subsisting licence, issued to him under this bylaw and shall pay in advance therefore, to the Licence Inspector, the sum specified in Schedule 'B' attached hereto and made part of the bylaw, and it shall be encumbent upon each person to renew such licence prior to the beginning of each licencing period as long as such business is being carried on or willing to be carried on. (b) REQUIREMENT TO COMPLY: No licence shall be granted or renewed and may be suspended pursuant to Section 458 of the Act in respect of any trade, occupation, profession, business or calling which does not comply with all requirements of City bylaws and regulations and amendments thereto, Dominion and Provincial Statutes and Regulations and Amendments thereto for the time being in force within the City. (c) LICENCE INSPECTOR APPOINTMENT: The Council shall, by resolution, appoint a person to be the Licence Inspector whose duty it shall be to carry out and enforce the provisions of this bylaw, and further, compel and require that all the regulations and provisions prescribed in this bylaw, or amendments thereto, and any such regulations and provisions which may from time to time be appended to this bylaw shall be carried out. BYLAW NO. 1325 Page 2 2. DEFINITIONS: (a) 'Act': means the Municipal Act, being Chapter 255 of the revised Statutes of British Columbia 1960, as amended. (b) 'Building Inspector': shall mean the person so appointed from time to time by bylaw or resolution of the Council and shall include any acting or deputy Building Inspector. (c) 'Business': means the carrying on of a commercial or industrial undertaking of any kind or nature or the providing of professional, personal or other service for the purpose of gain or profit. (d) 'City': means the City of Kimberley. (e) 'Collector': means the person from time to time duly appointed as Collector for the City and shall include any acting or Deputy Collector. (f) 'Council': means the Council of the City of Kimberley. (g) 'Fire Chief': means the person so appointed from time to time by the Council and shall include any acting or Deputy Fire Chief. (h) 'Licence Inspector': means the person from time to time duly appointed by the Council for the purpose of enforcing the provisions of this bylaw and shall include any deputy or assistant Licence Inspector. (i) 'Medical Health Officer': means the Medical Health Officer appointed under the Health Act and having jurisdiction within the limits of the City of Kimberley and shall include his authorized representative. (j) 'Non-Resident Business': means a business other than a resident business, carried on within the municipality or with respect to which any work or service is performed within the municipality. (k) 'Person': includes any corporation, partnership or party and the heirs, executors, administrators, or other legal representatives of such person, to whom the context can apply according to law. BYLAW NO. 1325 Page 3 (l) 'Premises': shall include store, office, warehouse, factory, building, enclosure, yard or other place occupied, or capable of being occupied, by any person for the purpose of any business, trade or occupation and shall also mean any area situated within any one of the foregoing where more than one separate and/or distinct class or classification of business is also carried on. (m) 'Resident Business': means any business carried on, in or from premises within the municipality. (n) 'Retail Sale': means a sale to a purchaser for purposes of consumption or use and not for resale. (o) 'Treasurer': means the person from time to time duly appointed as Treasurer for the City and shall include any acting of deputy Treasurer. (p) 'Vending Machine': shall mean a machine designed for the sale of goods, amusement, or services of any kind except clothes washing, clothes drying, dry cleaning and vehicle washing machines, and being operated or intended to be operated by inserting a coin, ticket, slug or any other thing that will cause the machine or machines to function. 3. INTERPRETATIONS: In this bylaw, and in any other regulations passed pursuant to this bylaw, unless the context otherwise requires, interpretation of the words or terms itemized shall be as outlined in schedule 'A' attached hereto and forming part of this bylaw. 4. GENERAL REGULATIONS: (a) APPLICATION & FEES: Any person applying for a licence in the City Hall shall use the form acceptable to the City (Bylaw 2304 Amnd. 8), and it shall be signed by the owner of the business or his duly authorized agent. In the case of partnerships or multiple owners, any one of such agents, owners or partners may apply. The application form shall be delivered to the Licence Inspector and shall be accompanied by the BYLAW NO. 1325 Page 4 fee prescribed in Schedule 'B', as attached hereto and forming part of this bylaw. All fees collected by the Licence Inspector under this bylaw shall be paid forthwith to the Collector of the Municipality, who shall deal with the said fees in the manner provided in the Act. (b) LICENCE PERIOD: Commencing on January 1, 1978, licences shall be issued on an annual basis and shall run for a calendar year. No proportionate reduction of the annual licence fee shall be made on account of any person commencing or ceasing to do business after the 1st of January in any year, except that a person who becomes liable to be licenced after the 31st day of July in any year, shall pay one-half of the annual licence fee prescribed in Schedule 'B', as attached hereto and forming part of this bylaw. (c) Repealed (Bylaw 2304 Amnd. 8) (d) LICENCE PERIODS OF LESS THAN SIX MONTHS: (i) Subject to Section 453 (2) of the Act, the period for a licence in respect of a theatre, including drive-in theatre, amusement hall, concert hall, music hall, opera house, rinks, amusement parks, or other places of amusement, entertainment, or exhibition may be six months, three months, one month or one day, and the period requested shall be by written application, under the signature of the applicant. (ii) Subject to Section 453 (3) of the Act, the period for a licence with respect to a circus, horse show, dog or pony show, exhibition or other itinerant show or entertainment, when held elsewhere in a licenced theatre or other licenced place, shall be one day. (iii) The period for a licence in respect of horse racing shall be one day. BYLAW NO. 1325 Page 5 (e) INSPECTIONS: The Licence Inspector, Building Inspector, any Peace Officer, Medical Health Officer or their authorized representatives are hereby authorized to enter at all reasonable times, any house, place, premise, vehicle or other place in respect of which a licence has been applied for or granted pursuant to this bylaw, to ascertain whether the regulations and provisions of this, or any other bylaw or amendments thereto relating to businesses in the City, are being observed. (f) PRODUCTION OF LICENCE: Each door to door salesman, pedlar, or person soliciting shall produce, upon demand from any resident being solicited, or Licence Inspector, Building Inspector, Peace Officer, Medical Health Officer or their authorized representative, a copy of his business licence. (g) MULTIPLE BUSINESS - ONE PREMISE: Any person who carries on more than one business in or from any one premise shall obtain a separate licence for each business, unless otherwise provided for in this bylaw. (h) MULTIPLE PREMISES - ONE BUSINESS: Where a business is carried on, in or from more than one premise each premise shall be deemed to be a separate business. (i) TRANSFER OF LICENCE: Every licence granted under this bylaw shall be deemed a personal licence to the licencee and shall not be transferable to any other person. (j) CHANGE OF LOCATION: No person to whom a licence has been granted under this bylaw shall change the location of the business without first applying to the Licence Inspector for a transfer of location. Such transfer shall be refused where the new location does not comply with applicable BYLAW NO. 1325 Page 6 City bylaws and regulations. Any person carrying on a business at the premise other than at the premise specified in a valid licence shall be considered to be in contravention of this bylaw. (k) PROHIBITION: The operation of an 'Arcade' or 'Amusement Park' within the area commonly known as the Platzl which is that section of Spokane Street lying between Wallinger Avenue and Kimberley Avenue and that section of Deer Park Avenue lying between Spokane Street and Howard Street is prohibited and no licence shall be issued for such a business in the area so specified. (l) Repealed (Bylaw 2304 Amnd. 8) 5. REGULATION OF BUSINESS: Regulation of business shall be as outlined in Schedule 'C', attached hereto and forming part of this bylaw. 6. INSPECTOR - POWERS OF LICENCE INSPECTOR: (a) The Licence Inspector shall have the power to grant, issue or transfer licences as hereinafter provided, where he is satisfied that the applicant therefore has complied with the requirements of the bylaws of the municipality regulating building, zoning, health, sanitation and business and shall also have the power to suspend for such period as he may determine any licence if the holder of the licence: (i) is convicted of an offence indictable in Canada. (ii) is convicted of an offence under any Municipal Bylaw or Statute of the Province in respect of the business for which he is licenced or with respect to the premises named in his licence. (iii) has, in the opinion of such official, been guilty of such gross misconduct in respect of the business or in or with respect of the premises named in his licence to warrant the suspension of his licence. BYLAW NO. 1325 Page 7 (iv) has ceased to meet the lawful requirements to carry on the business for which he is licenced or with respect to the business premises named in his licence. (v) has in the opinion of such official: (a) conducted his business in a manner; or (b) performed a service in a manner; or (c) sold, offered for sale, displayed for sale or distribution to a person actually or apparently under the age of sixteen years, anything that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of sixteen years. (b) The suspension of a licence by the Licence Inspector shall be made in writing, signed by the Inspector, and served on the person holding such licence or delivered to the holder of such licence by registered mail to the address given by the licencee on the application for the licence. A notice of such suspension of licence may be posted by the Licence Inspector upon the premises for which the licence was issued and such notice shall not be removed until the licence is reinstated. 7. APPEAL: (a) Any person whose licence has been suspended by the Inspector and who proposes to appeal such suspension to Council, shall submit a written request to appear before Council at the next regular Council meeting, and the Notice of Intention to appeal shall state in concise fashion the several grounds upon which the appeal is based. Upon notification of the meeting time and place, he shall appear before Council, and upon such appeal, Council may confirm or set aside such suspension on such terms as it may deem fit. (b) The Council may revoke a licence for reasonable cause after giving notice to the Licencee and after giving the Licencee an opportunity to be heard. (c) The notice and opportunity to be heard is not required in respect of the Licencee who by reasonable efforts cannot be found. BYLAW NO. 1325 Page 8 8. EXEMPTIONS: The exemptions from this bylaw shall be as provided in the Municipal Act. 9. PENALTY: (a) Every person who violates or who causes or allows to be violated any of the provisions of this bylaw shall be guilty of an offence against this bylaw, and each day that such violation is caused or allowed to be continued shall constitute a separate offence. (b) Every person who offends against any of the provisions of this bylaw or who suffers or permits any act or thing to be done in contravention or violation of this bylaw or neglects to do or refrains from doing anything to be done by this bylaw, or who does any act or thing which violates any of the provisions of this bylaw shall be deemed to have committed an offence under this bylaw and is liable upon summary conviction, to a sum not exceeding Five Hundred Dollars ($500.00) and costs, recoverable and enforceable in the manner provided by the Summary Convictions Act of the Province of British Columbia, and where conviction is for the failure to pay the licence fee required, then the amount which should have been paid for such licence fee shall be added to the penalty and form part of the penalty. 12. COLLECTION: (a) Notwithstanding anything herein contained, the amount of any and every licence payable by any person pursuant to the provisions of this bylaw, shall be debt due by that person to the City which shall be recoverable together with costs in any court of competent jurisdiction. 11. Bylaw No. 1174 'Kimberley Business Licence Bylaw, 1977' and Bylaw No. 1234 'Kimberley Business Licence Bylaw, Amendment No. 1, 2977' are hereby repealed. BYLAW NO. 1325 Page 9 12. This bylaw may be cited as Bylaw No. 1325 'Kimberley Business Licence Bylaw, 1979'. Read a first, second and third time on the 13th day of August, 1979. Reconsidered, finally passed and adopted on the 27th day of August, 1979. "Vic Dick" MAYOR "R. B. Bennett" CLERK CITY OF KIMBERLEY BYLAW NO. 1325 SCHEDULE "A" INTERPRETATIONS 23. 1. AGENT: Shall mean any person who, either on his own behalf or as an agent for another, sells or solicits or takes orders for the sale by retail, of goods, wares or merchandise to be supplied by any person not carrying on a resident business within the City. The possession of an agent's licence, issued by the City of Kimberley, shall entitle that individual or company to one employee to canvas. All other employees so employed shall require a canvasser's licence. 23. 2. BOOK AGENT: Shall mean any person who sells or offers for sale, books, magazines, or other periodicals not being bibles or religious tracts, by canvassing from house to house, or place to place, within the City. 7. 3. AUCTIONEER: Any person selling property by auction (not being a Crown Officer, selling Crown property by auction, or a Sheriff, Sheriff's Officer or Bailiff, selling lands, goods or chattels under a judgement or in satisfaction of rent or taxes). 6. 4. AUTOMOBILE DEALER, NEW & USED OR SECOND HAND: Means every person being a dealer, by way of selling or leasing new or used or second hand automobiles, motor cars or motor vehicles. The Holder of any licence issued under this paragraph shall also be entitled to carry on the business of a garage, commercial towing, and such business shall also be permitted to retail and/or wholesale automobile See Item Schedule "B" Bylaw No. 1325 Schedule "A" Interpretations Page 2 parts, accessories, gasoline or other fuels, oils and other related supplies. A dealer under this paragraph shall also be allowed an auto body and paint shop without any additional fee. 6. 5. AUTOMOBILE DEALER, USED OR SECOND HAND ONLY: Means every person being a dealer in second hand or used automobiles, motor cars or motor vehicles. An additional fee is required under this section for selling or franchise sales of chain saws, snow mobiles, motorcycles, boats, motors, trailers, clothes or other retail products. 6. 6. AUTOMOBILE SERVICE GARAGE: (a) Means every person who carries on the business of repairing, storing and servicing of automobiles, motor cars or motor vehicles. The Holder of a licence under this section shall be allowed to sell gasoline and other related fuels, oils, automobile accessories and supplies. The operation of an auto body shop and paint shop will be allowed under this section and also entitled to carry on commercial towing. (b) An additional fee is required under this section for selling used cars or motor vehicles, or franchise sales of chain saws, snow mobiles, motorcycles, boats, motors, trailers, clothes or other retail products. 6. 7. GASOLINE OR PETROLEUM PRODUCT STATIONS: Means every person carrying on the business of selling only gasoline and/or oil as an incidental service. 6. 8. AUTOMOBILE ACCESSORIES: Means batteries, tires, tubes, parts, petroleum products, lubricants, and any item that might be used in connection with or become part of a motor vehicle or any of them. Bylaw No. 1325 Schedule "A" Interpretations Page 3 6. 9. AUTOMOBILE AND PAINT SHOPS: Every person carrying on the business of repairing and painting motor vehicle bodies. The holder of this licence may sell material and supplies ancillary thereto without procuring an additional licence therefore. Commercial towing may also be carried on. 6. 10. AUTOWRECKER: Means every person carrying on the business of wrecking, dismantling or taking apart vehicles which have been disposed of for one reason or another. This classification shall allow the operator to sell either retail or wholesale, any used or second hand parts, accessories or pieces taken from such wrecked vehicles. Commercial towing and automobile storage will also be considered as an adjuct to this classification without any additional licence being required, provided that the operator is the same person operating the business of autowrecking. 12. 11. BAKERS: Any person operating a bakery, bake shop, or other place where bread is made or manufactured for sale, and other bakery products, retail or wholesale, when manufactured on the premises. The holder of a licence under this clause shall be entitled to retail confectionary and soft drinks without an additional licence. 23. 12. CANVASSER: Canvasser shall mean every person who canvasses or solicits business within the City, whether by invitation or otherwise, from cards or samples or in any other manner whatsoever, for the sale of any goods, wares or merchandise or any article or thing for immediate or future delivery or for the purpose of promoting business. Bylaw No. 1325 Schedule "A" Interpretations Page 4 In the case of a canvasser, the company with whom the canvasser is employed must hold a valid business licence as an agent, issued by the City of Kimberley. 13. CONTRACTORS: 9. (a) GENERAL: A person primarily engaged in the business of general building construction or general engineering construction in the sense that contracts are entered into for substantially complete services involving responsibility for a number of recognized building or engineering trades under one contract. General building construction shall include the erection, finishing, alteration, and addition to buildings and structures wherein more than one recognized building trade is involved at one time. General engineering construction shall include the construction of towers, bridges, pipeline works and the like, when more than one recognized engineering trade is involved at any one time. 9. (b) SUB-CONTRACTORS: The following are classed as separate and distinct trades: (i) Acoustics (ii) Asphalt, concrete, masonry, bricklaying (iii) Electrical (iv) Excavating, filling (v) Framing, insulation, carpentry, fitting siding (vi) Glazing (vii) Gyproc installations, plastering and stucco (viii) Flooring, wall covering, terrazzo composite flooring (ix) Metal doors and windows (x) Heating, ventilation, air conditioning, refrigeration (xi) Interior fixture installations Bylaw No. 1325 Schedule "A" Interpretations Page 5 (xii) Ornamental metal work (xiii) Painting and decorating (xiv) Paving (xv) Plumbing, heating and sheet metal (xvi) Roofing, waterproofing, damp-proofing (xvii) Structural metal fabricating and welding (xviii) Other contractors not listed above. 9. (c) SELF-EMPLOYED: A contractor not having any one in his employ. 17. 14. COMMUNITY CARE FACILITY: A licence to operate a community care facility shall be issued only to a person to whom a Provincial licence has been granted pursuant to the Community Care Facilities Licencing Act and the regulations and amendments thereto. 4. 15. DANCE HALL, CONCERT HALL, BANQUET ROOM, OR OTHER INDOOR PLACE OF ASSEMBLY: Any person other than a church, theatre or school carrying on the business of a dance hall, concert hall, banquet room or other indoor place of assembly whether or not such places are used exclusively as such. 22. 16. DELIVERY SERVICE: Local transportation within the boundaries of the City, of merchandise, goods or chattels from any type of motor vehicle or conveyance and having the approval to carry on this class of business from the British Columbia Motor Carriers Commission. 20. 17. DEALER SECOND HAND: Means a person carrying on the trade of business of purchasing or selling second hand goods, wares, or merchandise, or who keeps a store, shop or other place of Bylaw No. 1325 Schedule "A" Interpretations Page 6 business for the purpose of carrying on such trade or business. 12. 18. DRIVE-IN CAFÉ: Means a person carrying on the business of a drive-in café where foodstuffs and beverages are sold for consumption on the premises within a vehicle or to take out. 17. 19. DRY CLEANER AND/OR LAUNDRY (OTHER THAN COIN OPERATED): Means any building, or part thereof, where the business of washing or dry cleaning of clothing or other fabric is carried on and shall include premises where the business of linen supply is carried on. A tailor or seamstress may be employed under this licence without an additional fee. 17. 20. COIN OPERATED OR SELF SERVICE DRY CLEANING AND/OR LAUNDRY ESTABLISHMENT: Means any building or part thereof where the business of washing or dry cleaning clothing or other fabrics is carried on by the individual customer either by his own person or on his behalf rather than by the owner or operator of the premises. This section shall include all machines used for the above purpose and being operated or intended to be operated by inserting a coin, ticket, slug or other things that will cause the machine or machines to function. 2. 21. DESIGNER: A person who designs or marks out a project or plan, or who forms plans. 15. 22. FUEL DEALER: Any person who goes from place to place or house to house taking orders for or sells or offers for sale or vends on any street, lane or public place, any kind of fuel, whether in full Bylaw No. 1325 Schedule "A" Interpretations Page 7 loads or parts of a load, and whether the person is acting on his own behalf or is an employee of another. 15. 23. HEAVY INDUSTRIAL AND MILL EQUIPMENT SALES & SERVICE: Heavy equipment: bulldozer, trencher, power shovel, dragline, clamshell, power grader, power hoe, heavy trucks or any other type of heavy equipment. See Section 24. HOME BASED BUSINESS: 4.05 of City of Kimberley Zoning Means an occupation which is carried on for consideration Bylaw No. 1850, and is undertaken inside a residential building (or inside a 1994 building accessory to a residential building) but does not have connected with it advertising, displays of goods, or stock in trade upon the premises and does not contravene any health regulations, create any noise, or generate excessive traffic, and does not employ other than occupants of the dwelling in which the home occupation is carried on. 15. 25. RECYCLING YARD: Means an open area where waste or scrap materials are both, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to metals, paper, rags, rubber tires and bottles. A recycling yard includes an automobile wrecking or dismantling yard but does not include uses established entirely within an enclosed building. 15. 26. LEASE OR RENTAL AGENCY - LIGHT DUTY: Shall mean and include any person who, acting for himself or on behalf of another, rents, leases or otherwise lets any goods, wares, merchandise or equipment of any kind, but does not include 'vehicle for hire'. 12. 27. LICENCED ESTABLISHMENT: Shall mean the operation of a dining-lounge, dining room, lounge, public house or a combination of any of them, in pursuance to the Liquor Control and Licencing Act. Bylaw No. 1325 Schedule "A" Interpretations Page 8 15. 28. MACHINERY AND/OR EQUIPMENT RENTAL: From any person owning or keeping for hire or profit any machinery or equipment such as: bulldozer, grader, heavy trucks, power hoe or any other similar types of equipment, whether with or without a driver or operator. 16. 29. MOBILE RETAIL SELLERS: (1) A person who uses a motor vehicle to go from place to place offering for sale goods or merchandise other than delivery vehicle owned and operated by a licensed retailer or wholesaler or restaurant within the City. (2) Businesses classified as 'mobile retail seller' shall be permitted to offer the sale of goods and merchandise from private property only with the permission of the land owner at a location where such use is permitted under the Zoning Bylaw, and for no longer than three (3) days in each week of operation at any one location. (Amnd 10, Bylaw 2477) 15. 30. MANUFACTURER: Means every person engaged in the processing of raw materials to a finished product. 22. 31. PASSENGER, FREIGHT AND EXPRESS OFFICES: Shall mean any individual or company, or agent for any individual or company, transporting by way of motor vehicle or vehicles of any description freight, express or passenger, or any of them, from one point to another for compensation, and having a premises or place for stopping or starting within the City and having the approval to carry on this class of business from the British Columbia Motor Carrier Commission. Bylaw No. 1325 Schedule "A" Interpretations Page 9 22. 32. PARKING LOTS OR GARAGES: Shall mean off-street public parking accommodation available for rental or lease. 16. 33. STREET FOOD VENDOR: (1) Means the business of selling food products from a cart, stand, trailer or vehicle. Every person carrying on business as a street food vendor shall be permitted to offer the sale of food products from the following locations: a) Commercial or Industrial zoned property with the permission of the land owner; b) In a designated parking area on City Highways; and c) other municipally owned locations subject to obtaining a Special Event Permit or a Council Resolution. (2) Every person carrying on business as a street food vendor must adhere to the following conditions: a) must have a valid business licence, with the exception of vendors operating through a host organizations Special Event Permit; b) area of operation to be kept clean; c) pedestrian traffic is not to be impeded; d) must use designated on-street parking space; e) proof of Liability Insurance in the amount of Three Million Dollars ($3,000,000.00) showing the City of Kimberley as a co-insured party; f) ensure the requirements of the local Environmental Health Officers are met; g) operation must not create or cause a fire hazard, electrical interference, traffic congestion or impede the normal flow of traffic; h) operation must not create any noise that is disturbing to the surrounding neighbourhood. (i) potable water should be obtained from City water stations or other sources of potable water within the City. (Amnd. 9 Bylaw 2335; Amnd 10, Bylaw 2477) Bylaw No. 1325 Schedule "A" Interpretations Page 10 20. & 23. 34. WHOLESALE AND/OR RETAIL: Any person who sells or offers for sale, whether as a retailer or wholesaler or both, any goods, wares, merchandise or service not otherwise specifically provided for herein and conducts such sales from established premises. 16. 35. VENDING MACHINES: Shall mean a machine placed by a vending machine agency and designed for the sale of goods, amusement or services of any kind, except clothes washing, clothes drying or dry cleaning and vehicle vending machines and being operated or intended to be operated by inserting a coin, slug or other thing that will cause the machine or machines to function. 22. 36. VEHICLES FOR HIRE: Anyone owning or keeping motor cars, automobiles or other conveyance or vehicle for hire whether with or without a driver (except taxis). All 37. OTHER: Classifications Means any business not listed in Schedule "B". 4. 38. AMUSEMENT PARK: Any premises where mechanical, electrical or other devices or exhibits, designed for the entertainment of the public, are permanently affixed. 4. (a) ARCADE means any premises containing three or more amusement machines except a premises which is validly licenced pursuant to the Liquor Control and Licencing Act. 4. (b) AMUSEMENT MACHINE means a machine on which mechanical, electrical, automatic or computerized games or contests are played for amusement or entertainment and for which a coin or token must be inserted or a fee is charged for use. Bylaw No. 1325 Schedule "A" Interpretations Page 11 23. 39. MANUFACTURER'S AGENT: Any person engaged in the business of representing a manufacturer as a sales agent to industrial or commercial businesses. City of Kimberley Bylaw No. 1325 Schedule "B" - Fees Categories Fees 1 Accommodation ( a ) Accommodation Management $50.00 ( b ) Bed & Breakfasts $50.00 ( c ) Hotels, Motels $4.00 per room min. fee of $50.00 ( d ) Apartment Houses $4.00 per apartment min. fee of $50.00 ( e ) Rooming Houses $4.00 per room min. fee of $50.00 ( f ) Mobile Home Parks, Campgrounds, Trailer Parks $4.00 per space min. fee of $50.00 ( g ) Other Accommodation $4.00 per room min. fee of $50.00 2 Advertising & Media ( a ) Broadcasting Services $50.00 ( b ) Design $50.00 ( c ) Embroidery $50.00 ( d ) News Papers $100.00 ( e ) Printing and or Publishing, Magazines $50.00 ( f ) Sign writer and or Sign Painters $50.00 ( g ) Writing Services $50.00 ( h ) Other Advertising & Media $50.00 3 Animal, Garden & Landscaping ( a ) Market Gardens, Nursery $50.00 ( b ) Animal Grooming, Kennels $50.00 ( c ) Animal Control Services $50.00 ( d ) Landscaping $50.00 ( e ) Snow Removal $50.00 ( f ) Other Animal, Garden & Landscaping $50.00 4 Amusement & Recreational ( a ) Arcades $100.00 ( b ) Bowling Alleys $100.00 ( c ) Pool Hall $100.00 ( d ) Theater $100.00 ( e ) Carnivals, Amusement Parks & Machines $100.00 ( f ) Golf Courses $100.00 ( g ) Ski Hill $100.00 ( h ) Sightseeing, Dog sledding, Snowmobiling $100.00 ( i ) Hiking Tours, Sports Equipment Rental $100.00 ( j ) Adventure Tours $100.00 ( k ) Dance Hall, Concert Hall, Banquet Room, Assembly $100.00 ( l ) Other Amusement & Recreation $100.00 Bylaw No. 1325 Schedule "B" Page 2 5 Arts, Artisans & Musicians ( a ) Fine Arts $50.00 ( b ) Arts and Crafts $50.00 ( c ) Custom Jewelry $50.00 ( d ) Musicians $50.00 ( e ) Other Arts, Artisans & Musicians $50.00 6 Automotive Sales, Servicing, Leasing & Repairs, Gas ( a ) Automotive Dealer (New/Used) $100.00 ( b ) Automotive Sales & Service & Accessories $100.00 ( c ) Auto body Paint Shop $100.00 ( d ) Auto/Garage Station $100.00 ( e ) Automotive Salvage, Auto wrecker $100.00 ( f ) Car Wash $100.00 ( g ) Car Cleaning/ Detailing $100.00 ( h ) Automotive Towing $100.00 ( i ) Gas Stations $100.00 ( j ) Other Automotive $100.00 7 Business Services ( a ) Employment Centre $50.00 ( b ) Ink recharging $50.00 ( c ) Printing Services $50.00 ( d ) Window Washing $50.00 ( e ) Auctioneer $50.00 ( f ) Other Business Services $50.00 8 Cleaning Services ( a ) Carpet and Upholstery Cleaning $50.00 ( b ) House Cleaning $50.00 ( c ) Other Cleaning Services $50.00 9 Contractors ( a ) General or Multi-Trade $100.00 ( b ) Sub-Contractor $100.00 (i) Acoustics $100.00 (ii) Asphalt, concrete, masonry, bricklaying $100.00 (iii) Electrical $100.00 (iv) Excavating, filling $100.00 (v) Framing, insulation, carpentry, fitting, siding $100.00 (vi) Glazing $100.00 (vii) Gyproc installations, plastering and stucco $100.00 (viii) Flooring, wall covering, terrazzo composite flooring $100.00 (ix) Metal doors and windows $100.00 (x) Heating, ventilation, air conditioning, refrigeration $100.00 Bylaw No. 1325 Schedule "B" Page 3 (xi) Interior fixture installations $100.00 (xii) Ornamental metal work $100.00 (xiii) Painting and decorating $100.00 (xiv) Paving $100.00 (xv) Plumbing, heating and sheet metal $100.00 (xvi) Roofing, waterproofing, damp-proofing $100.00 (xvii) Structural metal fabricating and welding $100.00 (xviii) Other contractors not listed above $100.00 10 Education ( a ) Beauty or Barber School $50.00 ( b ) Dancing School $50.00 ( c ) Driving School $50.00 ( d ) Home School Teacher For Money $50.00 ( e ) Music School / Teacher $50.00 ( f ) Other Education $50.00 11 Finance, Insurance and Real Estate ( a ) Appraiser $100.00 ( b ) Investment Agencies and or Financial Consultant $100.00 ( c ) Insurance Agency or Adjuster $100.00 ( d ) Property Sales $100.00 ( e ) Real Estate Agency $100.00 ( f ) Surveyor $100.00 ( g ) Banks and Other Deposit Accepting Establishments $400.00 ( h ) Other Finance, Insurance and Real Estate $100.00 12 Food & Beverage ( a ) Bars, Cabarets, Taverns, Discos $100.00 ( b ) Cafes, Coffee shops, Restaurants $100.00 ( c ) Catering Services $100.00 ( d ) Ice Cream Venders $100.00 ( e ) Bakery $100.00 ( f ) Drive-in-café $100.00 ( g ) Other Food and Beverage $100.00 13 Hawkers, Peddlers and Buskers ( a ) Musical Busking $150.00 ( b ) Pawnbrokers $150.00 ( c ) Other Hawkers, Peddlers, Buskers $150.00 14 Health & First Aid ( a ) Health Services $50.00 ( b ) First Aid Services $50.00 Bylaw No. 1325 Schedule "B" Page 4 ( c ) Nursing Services $50.00 ( d ) Training and Supply $50.00 ( e ) Other Health & First Aid $50.00 15 Manufacturing/Industrial ( a ) Blacksmith and or Foundry $100.00 ( b ) Concrete and or Clay Products $100.00 ( c ) Fuel Dealer $100.00 ( d ) Furniture Dealer $100.00 ( e ) Golf Club Making $100.00 ( f ) Gun Smith $100.00 ( g ) Locker Plant $100.00 ( h ) Machine Shop and or Welding $100.00 ( i ) Machine and Equipment Rental $100.00 ( j ) Manufacturer of All Kinds $100.00 ( k ) Ready Mix Concrete $100.00 ( l ) Sand and Gravel $100.00 (m ) Sawmills, Including Sale of Lumber $100.00 ( n ) Storage Warehouse $100.00 ( o ) Mineral Concentration $1,000.00 ( p ) Mining Operation $1,000.00 ( q ) Recycling Yard $100.00 ( r ) Heavy Industrial & Mill Equipment Sales & Service $100.00 ( s ) Other Manufacturing / Industrial $100.00 16 Mobile Vendors ( a ) Services $100.00 ( b ) Stores & Food Services $100.00 ( c ) Vending Machine $100.00 ( d ) Other Mobile Vendors $100.00 17 Personal Services ( a ) Barbers $50.00 ( b ) Beauty Salons or Hairdressers $50.00 ( c ) Child Care Facility (Including Day Care) $50.00 ( d ) Dry Cleaning $50.00 ( e ) Estheticians $50.00 ( f ) Laundromat $50.00 ( g ) Massage Therapist $50.00 ( h ) Physical Fitness/Health Facility $50.00 ( i ) Reflexology $50.00 ( j ) Spas $50.00 ( k ) Other Personal Services $50.00 Bylaw No. 1325 Schedule "B" Page 5 18 Professional Services ( a ) Accountants $100.00 ( b ) Architects $100.00 ( c ) Barristers, Solicitors $100.00 ( d ) Chiropractors $100.00 ( e ) Consultants $100.00 ( f ) Dental Technician $100.00 ( g ) Dentists, Dental Surgeons $100.00 ( h ) Engineers $100.00 ( i ) Funeral Services $100.00 ( j ) Interior Design $100.00 ( k ) Land Surveyor $100.00 ( l ) Janitorial $100.00 (m ) Osteopaths $100.00 ( n ) Optician, Optometrist $100.00 ( o ) Photo Studio $100.00 ( p ) Physicians, Surgeons $100.00 ( q ) Private Patrol / Security Company $100.00 ( r ) Radiologists, Refractionist $100.00 ( s ) Tax Consultant $100.00 ( t ) Veterinarian $100.00 ( u ) Other Professional Services $100.00 19 Repair & Maintenance Services ( a ) Appliance Service and Repair $50.00 ( b ) Auto Glass $50.00 ( c ) Bicycle & Motorcycle $50.00 ( d ) Boat & Marine Equipment $50.00 ( e ) Building Maintenance $50.00 ( f ) Chimney Services $50.00 ( g ) Computer Repair $50.00 ( h ) Electrical Repair $50.00 ( i ) Furniture Repair, Refinishing, Upholstery $50.00 ( j ) Handyman $50.00 ( k ) Home Heating Repair $50.00 ( l ) Locksmith $50.00 (m ) Office Equipment Repair $50.00 ( n ) Piano Tuning $50.00 ( o ) Shoe Repair $50.00 ( p ) Television & Radio or Appliance $50.00 ( q ) Other Repair & Maintenance Services $50.00 Bylaw No. 1325 Schedule "B" Page 6 20 Retail Stores ( a ) Under 5000 sqft $100.00 ( b ) Over 5000 sqft $150.00 21 Services, Churches, Clubs & Non Profits ( a ) Services $25.00 ( b ) Clubs $25.00 ( c ) Non-Profits $25.00 ( d ) Churches $25.00 ( e ) Other Services, Churches, Clubs & Non-Profits $25.00 22 Transportation, Communication & Other Utilities ( a ) Communication Services $100.00 ( b ) Express Service, Courier, Delivery Service $100.00 ( c ) Moving Company $100.00 ( d ) Freight, Passenger $100.00 ( e ) Energy Management $100.00 ( f ) Garbage Collection & Disposal, Recycle $100.00 ( g ) Highway & Bridge Maintenance $100.00 ( h ) Line marking Services $100.00 ( i ) Parking Lot (or Space) $100.00 ( j ) Radio & Television Broadcasting $100.00 ( k ) Radio & Television Cable Systems $100.00 ( l ) Taxi Service $100.00 (m ) Vehicle for Hire (Not Taxi) $100.00 ( n ) Other Transportation, Communication, Utilities $100.00 23 Wholesalers ( a ) Wholesaler / Distributor $50.00 ( b ) Agent and Book Agent $50.00 ( c ) Canvasser $50.00 ( d ) Other Wholesalers $50.00 CITY OF KIMBERLEY BYLAW NO. 1325 SCHEDULE "C" 1. (a) Auctioneers licences shall be granted to any individual and not to a firm, partnership or company. AUCTIONEER (b) Every Auctioneer shall, whenever goods are put into his hands for sale, give a receipt containing an itemized statement of all such goods. When such goods or any of them are sold, the auctioneer shall, on demand, strictly account to the person entrusting the goods to him. (c) Every Auctioneer shall permit any Peace Officer to inspect any receipts, or any goods in his possession, at all times during business hours, and to make extracts therefrom of any records. 2. (a) For the purpose of this section, Second Hand Dealers shall include Junk Dealers and operators of Second Hand Stores, Junk Stores and Junk Yards, but not to include Auto-Wreckers. SECOND HAND DEALERS & JUNK DEALERS (b) Every second hand dealer shall keep a duplicate receipt of all goods received, purchased or taken in exchange and shall include, in addition to the date of purchase, receipt or exchange, the name and address of the person from whom the purchase was made. (c) Every second hand or junk dealer shall permit any Peace Officer to inspect any receipts or any goods in his possession, at all times during business hours, and to take extracts therefrom of any records. 3. (a) All the interior of all pool rooms or billiard halls shall be fully visible from the entrance. POOL HALLS & BILLIARD HALLS (b) Every pool room or billiard hall shall be illuminated to a minimum of fifty foot candles an lighting design in accordance with the Factories Act of British Columbia, 1966, and remain so lighted when open for business. Bylaw No. 1325 Schedule "C" Page 2 4. (a) No person shall offer for sale any goods or merchandise except newspapers, on the highways within the boundaries of the City of Kimberley, unless they have first obtained a permit through the Licence Inspector from the Council of the City of Kimberley for that purpose. ITINERANT STREET SALES (b) No person shall use any highway or portion thereof for the purpose of soliciting funds unless they have obtained a permit through the Licence Inspector from the Council, for the privilege of using such highway. Such permit shall specify the dates during which such soliciting may be carried out. No person granted a permit to use a highway for the purpose of soliciting funds shall use those funds for any purpose other than set out within his application for the permit. 5. (a) No licence shall be issued for the use of any premises as a coin operated or self-service dry cleaning or laundry establishment unless the building premises meets the requirements of the Zoning and Building Bylaws and has been approved by the Fire Marshall's Office and Medical Health Officer. LAUNDROMAT & COIN OPERATED DRY CLEANING (b) An interlock system must be provided on each dry cleaning machine to prevent the loading door from being opened during normal cycle. (c) A step-by-step instruction list must be posted in a conspicuous location near the machine for customer's use. A competent, trained operator must be available, or on call, as long as the premises are opened for business. A telephone number must be listed for emergency assistance. (d) Solvent control is to be such that under normal operation and use conditions, no solvent odour can be detected in the customer area. Bylaw No. 1325 Schedule "C" Page 3 (e) In dry-cleaning machines only the solvents specified by the equipment manufacturer or an approved equivalent shall be used. (f) Dry-cleaning operation establishments shall be provided with adequate ventilation equipment to prevent the accumulation of toxic gases. This equipment shall be positioned so as to prevent heavier than air gases from accumulating on the floor. 6. (a) A licence to operate a taxicab within the City shall only be granted to the owner of a taxicab who has first obtained a Provincial licence that has been granted pursuant to the provisions of Section 5 of the Motor Carrier Act in respect of such taxicabs and issued by the Public Utilities Commission. TAXICABS (b) A taxicab licence will be issued by the City on the basis of one licence for each taxicab whether or not the same shall be wholly and entirely owned by the applicant and any such licence issued shall be posted by the Licencee in a conspicuous place in the dispatching office from which the taxicab operates. (c) Every applicant for a taxicab licence shall furnish proof in his application that he has sufficient off-street parking facilities to accommodate all of his taxicabs while not in use. (d) Every applicant and every licencee shall have installed in the vehicle being used for the purpose of a taxicab a meter of a design suitable and acceptable to the requirements of the Public Utilities Commission that clearly shows the amount of the fare for a period of the hiring of the taxicab. Fifteen (15) days shall be allowed for the replacement of any meter damaged in an accident. Bylaw No. 1325 Schedule "C" Page 4 (e) A temporary permit must be obtained from the Public Utilities Commission before another taxi can be used to replace a taxi in need of repair or damaged in an accident. (f) No taxicab shall be operated as such except by the owner and/or licencee thereof, or by a driver employed by and directly responsible to such owner and/or licencee. (g) All drivers of taxis in the City shall be regulated in accordance with Section 23 of the Motor Vehicle Act (RSBC, 1960, Chapter 253) as provided under subsection (5) thereof (effective September 1, 1971) and shall be the holder of a valid and subsisting permit issued by the Senior Police Officer of the City. (h) Every licencee and every taxicab shall operate out of an established place of business. (i) Every licencee shall have on each taxicab, operated by him, an illuminated sign, complying in all respects with the regulations made pursuant to the Motor Vehicle Act and bearing the word 'Taxi' or 'Cab'. Such signs shall be kept illuminated during the hours of darkness while the cab is in operation; and may also have on its' side, in lettering not less than two (2) inches high, the word 'Taxi' and the name of the licencee or the licencee's business, and such lettering shall be kept clear, clean and distinguishable at all times. (j) No person driving, operating, or in charge of any taxicab shall charge, demand, collect or receive any fare or rate except those authorized by the Public Utilities Commission of the Province of British Columbia, if such can be obtained pursuant to the Motor Carrier Act, RSBC 1948 and amendments. Bylaw No. 1325 Schedule "C" Page 5 (k) No driver of a taxicab shall seek passengers by cruising on any street in the City. Provided however that the driver of a taxicab may accept passengers at any place of public gathering so long as his taxicab is lawfully parked in the vicinity of the place or building where such public gathering is taking place. 7. (a) Every person carrying on a business of or operating a Private Patrol Agency or security service shall supply the Senior Police Officer in the City with the name, age, address and description of all persons employed by him and shall inform him when such persons leave the employ of the Private Patrol Agency, and in the event automobiles are used by employees of a private agency, the licence number and make of those vehicles shall also be supplied. PRIVATE PATROL AGENCIES (b) No private patrol agency or security service or employees thereof shall use or wear, or suffer or permit, its' employees to use or wear any uniform, suit, coat, or mode of dress being or having the same appearance of a uniform of a member of the Royal Canadian Mounted Police, or other police officials of the City. (c) All persons carrying on the business of or operating a private patrol agency or security service shall file with the Senior Police Officer, a list of the owners or occupants of all premises which he has agreed to guard or patrol and shall furnish a supplementary report each week of any additions to or deductions from such list. (d) No private patrol agency or security service or any employee thereof shall wear, carry or exhibit any badge or insignia that in any way resembles any badge or insignia carried by any police force in the Province of British Columbia. Bylaw No. 1325 Schedule "C" Page 6 (e) All persons carrying on the business of leasing or selling guard dogs shall file with the Senior Police Officer a list of all premises where guard dogs are located. (f) Any person with a business premises and making use of a guard dog on the premises shall notify the Senior Police Officer of the installation or removal of such guard dog from any such premises. 8. (a) Before a licence shall be granted for the operation of any restaurant, lunch counter, tea room, coffee shop, cabaret, banquet room, snack bar or drive-in restaurant, such premises shall have been inspected and approved by the Medical Health Officer or his representative and a permit issued annually according to Health Act regulations. RESTAURANTS (b) All itinerant food premises and vending vehicles and food vending machines shall meet the food handling requirements of the Health act of British Columbia. ITINERANT FOOD PREMISES & VENDING (c) (i) No licence shall be issued to a catering service unless it has a fixed place of business within the City. All utensils, dishes and foodstuffs supplied by a catering service shall be transported in sanitary containers, and meet the requirements of the Health Act. VEHICLES (ii) The premises in which food is prepared shall meet the requirements as to the sanitation and health provided by the Provincial Statutes and regulations dealing with the preparation of food. (d) Before a licence shall be granted for the operation of any grocery store, confectionary, bakery, meat shop, delicatessen or other similar establishments, such premises shall have been inspected and approved by the Medical Health Officer or his representative. FOOD STORES Bylaw No. 1325 Schedule "C" Page 7 9. (a) No premises shall be licenced for use as a hotel, motel or lodging house unless the premises have first been approved by the Medical Health Officer, the Building Inspector and the Fire Chief. HOTELS, MOTELS & LODGING HOUSES 10. Insurance necessary for circuses and carnivals: CIRCUSES & CARNIVALS Before a licence shall be granted to any person for the purpose of holding or exhibiting any circus or menagerie, or holding any show or carnival using ferris wheels, merry-go-rounds and/or other similar devices in the City, such person shall supply to the City a certified copy of a general liability insurance policy, in a reputable insurance company or companies, which insurance may not be terminated without prior notice to the City, in the amount of Five Hundred Thousand Dollars ($500,000.00), inclusive limits; without expense to the City; and it is further provided that such policy of insurance shall have inserted therein a clause stating the City is an additional named insured under the policy; and further provided the operator shall indemnify and keep indemnified the City against all actions, suits, claims and demands by any person or persons whomsoever, in respect of any loss, injury, damage, or obligation to compensate arising out of or connected with any injury or injuries or damage being done, or occasioned by such circus or menagerie, show, carnival or exhibition, by reason of any street parade or any other thing; and it is further provided that the general liability insurance policy as outlined above shall come into force and effect from the time of arrival and the setting up of operations in the City and shall remain in force and effect until the operations are closed down and the components of the operation have left the City. 11. Every person licenced to do business within the City shall, where he is operating a commercial vehicle in connection with his business, have displayed on both sides of the vehicle, the name and address of the TRUCKS Bylaw No. 1325 Schedule "C" Page 7 licencee of the vehicle or alternatively the trade name and telephone number of the operator of the vehicle. 12. All general contractors shall post a list of all sub- trades employed by them on the building site in a conspicuous place where construction is being carried on and ensure the list shall remain so posted throughout the duration of the construction. CONTRACTORS 13. (a) No person owning or occupying any building or premises shall keep or permit to be kept therein or thereon any vending machine unless such machine is licenced under provisions of this bylaw. VENDING MACHINES (b) No fending machine shall be removed from or added to any premises without first notifying the Licence Inspector and obtaining a vending machine licence, if necessary. 14. No person shall advertise, carry on, or conduct a closing out sale, pursuant to Closing Out Sale Act being Chapter 59 of the Revised Statues of British Columbia 1960 as amended, unless he is the holder of a licence in respect thereof issued by the Licence Inspector of the City. CLOSING OUT SALE 15. Barber shops, hair styling shops and beauty salons shall have been inspected and approved by the Medical Health Officer or his representative before a business licence shall be issued. BARBER SHOPS, HAIR STYLING SHOPS & BEAUTY SALONS 16. No person owning, renting, leasing or otherwise using a mobile van for the purpose of mobile retail sales shall use such vehicle unless such vehicle is licenced under the provisions of this bylaw. MOBILE RETAIL SELLER (VENDER) 17. Any person applying for a licence to conduct a business or trade or engage in any occupation for which the Ministry of Labour of the Province of British Columbia issues a certificate of proficiency or Bylaw No. 1325 Schedule "C" Page 8 qualification, must show proof of such qualification or of a minimum of 5 years direct experience in said trade or occupation, before a municipal business licence will be issued.