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T O W N O F L A D Y S M I T H
"Business License Bylaw 2003, No. 1513"
Consolidated Version as on October 15, 2018
(This consolidation is authorized by "Bylaw Revision Bylaw 2022, No. 2090")
December 15, 2003
Includes Amendment Bylaw Nos.: 1870, 1981
Bylaw 1981
TOWN OF LADYSMITH
BYLAW NO. 1513, 2003
A Bylaw for the Licensing of Businesses
WHEREAS the Community Charter empowers Council to require an owner or operator of a business to
hold a valid and subsisting license for the business, to fix and impose license fees for businesses and to
provide for the collection of license fees and the granting, issuance and transfer of licenses;
The Municipal Council of the Town of Ladysmith, in open meeting assembled, enacts as follows:
1.
Title
1.1
This Bylaw may be cited for all purposes as "Business License Bylaw No. 1513, 2003".
2.
Interpretation
2.1
In this Bylaw:
"Business" means the carrying on of a commercial or industrial undertaking of any kind
or nature, or the providing of professional, personal or other services, but does not
include an activity carried on by the government, its agencies or government owned
corporations.
"Intermunicipal Business License Agreement" means the agreement attached to and
forming part of the "Intermunicipal Business License Agreement Bylaw 2003, 1496.
"Intermunicipal License" means a business license issued by the License Inspector of the
Town of Ladysmith or another participating Municipality, to carry on business within
the boundaries of any participating municipality and issued pursuant to the
Intermunicipal Business License Agreement.
"License" means a license to carry on business issued pursuant to Section 7 of this Bylaw.
"License Inspector" means the person appointed by Town Council from time to time to
administer this Bylaw.
"Odour Abatement Plan" means an odour impact assessment and odour control plan
identifying odour control measures and equipment, such as an air filtration / ventilation
system, to prevent the escape of odours from the permitted use of buildings or structures
on the land.
"Participating Municipality" means a municipality which is party to the Intermunicipal
Business License Agreement.
2.2
This Bylaw is enacted subject to the Community Charter and terms defined in the
Charter have the same meaning in this Bylaw.
2.3
Schedules "A" and "B" form part of this Bylaw.
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3.
License Requirement
3.1
No person shall carry on a business within the Town of Ladysmith unless a valid and
subsisting license has been issued for the business.
3.2
A person who carries on business from more than one location shall obtain a license
under this Bylaw for each business location.
4. License Application
4.1
The owner or operator of every business shall make application to the License Inspector
for a business license prior to commencing operation, by completing an application
generally in the form attached as Schedule "A" to this Bylaw.
4.2
An application for a mobile business shall be treated as an application for an
Intermunicipal Business License.
5. License Fees
5.1
Business license fees shall be in accordance with section 5 of Intermunicipal Business
License Agreement Bylaw 2003, No. 1496.
5.1.1
Despite Section 5.1, the business licence fee for cannabis cultivation,
production and research authorized by a licence under the Cannabis Act and
its regulations shall be $450.00 for the initial business licence or a change of
location and $200.00 in subsequent years.
5.2
A 25% penalty will be added to each unpaid Business License as at March 1 in each
year.
5.3
For new businesses applying after July 1 in any year, the fee may be reduced to one-
half the annual fee.
5.4
If an application for a license is withdrawn in writing prior to issuance of the license,
the license fee may be refunded to the applicant.
5.5
No license fee shall be refunded after the issuance of a license.
5.6
All license fees collected under this Bylaw shall be forwarded to the Collector.
5.7
When a person begins to carry on a business prior to July 1 in any year and fails to
apply for a license until after July 1 in that year, the license fee prescribed in Section
5.1 above shall not be reduced.
6. License Periods
6.1
Except as otherwise provided in the Community Charter, business Licenses shall be
issued for a calendar year and shall expire on December 31 of each year.
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7. License Issuance and Conditions
7.1
When the License Inspector is satisfied that an applicant has complied with the bylaws
of the Town of Ladysmith regulating building, zoning, health, sanitation and business,
the License Inspector shall issue the license in accordance with the application, subject
to the requirements of this Bylaw and subject to the provisions of the Community
Charter.
7.2
A license shall be generally in the form attached as Schedule "B" to this Bylaw.
7.3
Every License issued under this Bylaw is deemed to be a personal License granted to the
Licensee, to carry on the business specified in the License from the premises specified in
the License, and is not transferable to any other person.
7.4
The owner or operator of a business shall not change the location of the business
without first obtaining a transfer of the License for that business in accordance with
Section 8 of this Bylaw.
7.5
Every owner or operator of a business shall notify the License Inspector of any change
in that person's mailing address and any change in the name of the business.
7.6
The owner or operator of every business shall post and maintain in a conspicuous place
on the business premises or the chattel in respect of which the License is issued, the
License issued for that business.
8. License Transfers
8.1
No person shall change the location of a business unless application for a License
transfer is made to the License Inspector and is approved by the License Inspector prior
to the change in location.
8.2
A License transfer shall not be approved unless the License Inspector is satisfied that
the premises to which the business is proposed to be relocated complies with the
building, zoning, health, sanitation and business regulation bylaws of the Town of
Ladysmith.
9. License Renewals
9.1
Each year following the calendar year in which a license is first issued, a license
renewal form may be forwarded to the holder of every license.
9.2
No license holder shall carry on business without renewing the license and paying the
annual fee prior to February 28 in each year that the business is carried on.
9.3
When the annual license fee is not paid in accordance with Section 9.2, the license shall
be deemed to be revoked.
10. License Suspensions
10.1
The License Inspector may, in accordance with the Community Charter and subject to
the right of appeal provided in the Charter, suspend a license for the period
determined by the License Inspector if the holder of the license:
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(a)
is convicted of an indictable offence;
(b)
is convicted of an offence under any municipal bylaw or provincial statute in respect of
the business or premises for which the holder is licensed;
(c)
has, in the opinion of the License Inspector, been guilty of such gross misconduct in
respect of the business or the premises that suspension is warranted;
(d)
has ceased to meet the lawful requirements to carry on the business or with respect to
the premises named in the license; or
(e)
has, in the opinion of the License Inspector, conducted 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 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.
10.2
Written notice of suspension of a license shall be delivered to the licensee personally or
by registered mail, provided that delivery of the notice of suspension is not required
when the licensee cannot be found following reasonable efforts by the License
Inspector.
11. Liquor Licenced Establishments
11.1
Despite section 7.1, in the case of a business licence for a business licensed under the
Liquor Control and Licensing Act (British Columbia), the business licence shall be
considered by Council under this section prior to issuance.
11.2
Council is hereby authorized to impose such terms and conditions as it considers
reasonable on a licence under this Bylaw for a business licenced under the Liquor Control
and Licensing Act (British Columbia), in the nature of:
(a)
controlling patron behaviour both inside and outside a licenced establishment, including
but not limited to one or more of the following:
(i)
maintaining orderly entrance and dispersal of patrons,
(ii)
suppression of noise,
(iii)
discouraging vandalism,
(iv)
discouraging unlawful activities, and
(v)
suppression of other nuisance behaviour.
(b)
safety and security of patrons and the public both inside and outside the licenced
establishment, including one or more of the following:
(i)
patron screening and door control,
(ii)
provision of security staff and monitoring conduct of patrons,
(iii)
installation and operation of closed circuit video cameras at all entrances and
exits of the licenced establishment,
(iv)
full cooperation with the R.C.M.P. and Town Staff in the performance of their
duties and in resolving concerns related to the establishment that may arise,
(v)
the wearing of identification nameplates by on-duty staff,
(vi)
maintaining a list showing the full identification of on-duty staff and making the
list available to the R.C.M.P. and Town Staff upon request.
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(c)
responsible serving of alcoholic beverages including one or more of the following:
(i)
over-service of patrons,
(ii)
patron capacity,
(iii)
price reductions and promotions,
(iv)
free telephone available for making transportation arrangements,
(v)
Designated Driver Program, including the sale of non-alcoholic beverages at
prices which are below those set for alcoholic beverages.
(d)
condition of premises and nearby surrounding area including but not limited to:
(i)
exterior condition and appearance of premises,
(ii)
inspection and cleanup of litter.
12. Cannabis Processing, Cannabis Micro-Processing, Cannabis Micro-Cultivation and Cannabis
Research and Development
12.1
No business licence shall be issued for Cannabis Processing, Cannabis Micro-Processing,
Cannabis Micro-Cultivation and Cannabis Research and Development, authorized by
Licence under the Cannabis Act and its regulations, if:
12.1.1
Any portion of the building in which the business premise is located falls within
500 meters, measured in a straight line, of a lot line of a property located within
a zone in "Town of Ladysmith Zoning Bylaw 2014, No. 1860", as amended from
time to time, that permits any residential use of the land, building or structure,
unless an Odour Abatement Plan has been prepared and the required air
filtration / ventilation system is operational as verified by a mechanical
engineer.
12.2
No business licence shall be transferred to a new location unless the conditions in section
12.1 have been met.
12.3
No business licence shall be renewed unless the business owner provides to the Town of
Ladysmith a record from a qualified person demonstrating the performance of the Odour
Control Plan at the location where the business operation occurs, for the previous twelve
(12) month period, or a lesser period if the business licence was issued for less than twelve
(12) months.
13. Inspections
13.1
The License Inspector or Building Inspector are authorized to enter upon any property
at all reasonable hours, to ascertain whether the requirements of this Bylaw are being
observed.
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14. Enforcement
14.1
A person who contravenes any provision of this Bylaw commits an offence punishable
upon summary conviction and shall be liable to a fine not exceeding $2,000.00, to
imprisonment not exceeding six months, or to both.
14.2
License fees imposed under this Bylaw are a debt due to the Town of Ladysmith and the
License Inspector or Collector may initiate action in a court of competent jurisdiction
for the recovery of unpaid license fees.
14.3
When a license has been suspended or revoked, the License Inspector may post a notice
of suspension or notice of revocation on the premises in respect of which the license
was issued, prohibiting the continued operation of the business from those premises.
15. Schedules
Schedule "A" (application form)
Schedule "B" (license form)
16. Repeals
Business Licence Regulation Bylaw 1987, No. 876 and all amendments thereto are hereby
repealed.
SCHEDULE 'A'
Town of Ladysmith
410 Esplanade
PO Box 410
Ladysmith, BC V9G 1A2
Telephone: (250) 245-6400
Fax No.: (250) 245-6411
BUSINESS LICENCE APPLICATION
The information gathered on this form will be used to administer Municipal bylaws, is collected under the authority of the Local
Government Act and the Business Licence Bylaw, and may be released to other parties upon request. If you have a
business premises, this application must be made to the Municipality in which your premises is located. If you have
any questions about this application, please phone the business licence officer at 245-6400.
Name of Business:
Type of Business:
Business Street Address:
Business Mailing Address:
Business Telephone Number: Business Facsimile Number:
Trades Qualification Number (if applicable):
Type of Licence: New Renewal Transfer Update
Inter-Municipal
Renew Licence Annually? Yes No
Commercial: Yes No Square Footage of Area: ____________________
Approximate Number of Employees:
Number of Seats (if restaurant/cafe/pub): #_________
Liquor Licence Occupancy: #____________
Residential: Yes
No
If residential, provide a complete description of what you intend to do, including, specifically, where will you be conducting the
business and approximately how much square footage the business will occupy.
I agree that I will comply with all applicable bylaws, statutes and regulations relating to this application.
Owner's Name (print)
Owner's Signature
Date Signed
OFFICE USE ONLY
Planning Department
What is the current zoning of the place of business?
Is the business a permitted use under the zoning bylaws?
Yes
No
Comments:
Date (YY/MM/DD)
Signature of Planner
Building Department
Does the building meet requirements for this type of business? Yes
No
Do you recommend inspection by the Public Health Inspector? Yes
No
Comments:
Date (YY/MM/DD)
Signature of Building Inspector
Referrals
Public Health Inspector Yes No
RCMP Yes No
Finance Department
Payment Amount:
Classification:
Posting Date:
Payment Date:
Copy to Engineering:
Account Number:
Cash
Cheque
Phone (when approved):
Initials:
Business Licence Department
Application Approval Date:
Signature of Business Licence Officer:
SCHEDULE 'B'
Town of Ladysmith
410 Esplanade
Box 220
Ladysmith, BC V9G 1A2
Telephone: (250) 245-6400
Fax No.: (250) 245-6411
BUSINESS LICENSE
LOCATION OF BUSINESS
LICENSE EFFECTIVE
FROM:
TO:
NAME AND ADDRESS OF BUSINESS
LICENSE NO.:
CUSTOMER NO.:
License Fee:
Balance:
THIS IS TO CERTIFY that the Licensee has paid the required License fee and is
entitled to carry on business as indicated within the Corporation of the
Town of Ladysmith, in a lawful manner and subject to the provisions of
all bylaws in effect. This License is personal and cannot be transferred,
except through the Bylaw Division as the bylaws direct.
THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE ON THE PREMISE
CASH REGISTER IMPRESSION CONSTITUTES OFFICIAL LICENSE