This is the exact embedded text of the captured official document.
Snapshot d3a57f9915f8 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
DISTRICT OF LANTZVILLE
BYLAW NO. 167, 2021
A Bylaw for the Licensing and Regulation of Businesses
within the District of Lantzville
WHEREAS in accordance with the Community Charter a municipality may, by bylaw, regulate
in relation to business, provide for a system of licences and has additional powers in respect of
business regulation;
NOW THEREFORE the Council of the District of Lantzville in open meeting assembled,
enacts as follows:
1.
CITATION
This Bylaw may be cited for all purposes as the "District of Lantzville Business Licence
Bylaw No. 167, 2021".
2.
DEFINITIONS
In this Bylaw:
"Babysitting" means the occasional unlicensed care of children.
"Bed and Breakfast" means a temporary accommodation in sleeping units up to five
consecutive nights, where guests are provided only one daily meal in the morning.
"Business" means the carrying on of a commercial or industrial activity of any kind or
nature or the providing of professional, personal or other service for the purpose of gain
or profit but does not include any activity carried on by the government, its agencies or
government owned corporations.
"Cannabis" means cannabis as defined in the Federal Controlled Drugs and
Substances Act or Cannabis Act and includes any products containing cannabis.
"Cannabis Production" means the Federally-licensed and Provincially-approved
production, manufacturing, processing, testing, packaging and shipping of cannabis and
cannabis products, but excludes retail of cannabis or cannabis products.
"Childcare" means the provincially-licensed care of children who require supervision
during the day.
"Council" means the elected Council of the District of Lantzville.
"Farmers Market" means a temporary or seasonal market for the display and sale of
farm produce and associated products in an open air or indoor venue.
"Flea Market" means an occasional or periodic sales activity held within a building,
structure or open area where groups or individual sellers offer goods, new and used, for
sale to the public, but does not include a garage or yard sale.
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 2 of 10
"Food and Beverage Service" means mixing, combining, cooking or otherwise
preparing and serving food or drinks, including restaurants, cafés, pubs, brew pubs,
commercial kitchens, and catering services.
"Garage or Yard Sale" means a sale on residential property by the resident of that
property of personal and household items used by the resident.
"Home Business(es)" means a home occupation, business or professional practice
and is limited to an artisan studio, bed and breakfast, craft kitchen, child care, fine
woodworking, market gardening, personal service, office or short-term rental.
"Lantzville-Based Business" means a business carried on, in or from premises
within the Municipality.
"Licence Inspector" means a person appointed by the Chief Administrative Officer to
administer and enforce this bylaw.
"Licence(s)" means a Licence issued under this Bylaw.
"Market Gardening" means the growing, harvesting and selling of fruits, vegetables
and flowers grown on the parcel on which the market gardening is taking place, but
excludes processing crops, intensive agriculture and cannabis production.
"Mobile Food Vendor(s)" means a business using a vehicle, trailer or cart equipped
with facilities for cooking, selling food, or beverages.
"Municipality" means the District of Lantzville.
"Non-Lantzville-Based Business" means a business that is carried on in or from
premises located outside the Municipality with respect to which any work or service is
performed or offered in the Municipality.
"Operator(s)" means a person who carries on a business.
"Public Market" means an occasional or temporary market for the purpose of offering
goods for sale to the public, including local artisan crafts, fruits, vegetables and plants,
secondary agricultural products including cheese, preserves, honey, home baking,
fresh/frozen/preserved fish and seafood and locally prepared and ready-to-eat foods or
light refreshments as approved by the Medical Health Officer.
"Secondhand Dealer(s)" means an operator whose business involves purchasing,
selling, procuring or offering for sale used or second-hand items whether on a wholesale
or retail basis.
"Senior Care" means the unlicensed or provincially-licensed care of seniors.
"Special Event" means a business involving temporary, periodic or short-term activity
such as a parade, procession, circus or carnival, fair, exhibition, sporting or cultural
event, a musical, theatrical or other performance, with or without Mobile Vendors,
whether outdoors or within a building or other structure.
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 3 of 10
3.
INTERPRETATION
3.1
In this bylaw, words and phrases defined in the Community Charter, Local
Government Act, Interpretation Act and "District of Lantzville Zoning Bylaw No.
180, 2020", or any successor legislation, shall have the same meaning when used
in this Bylaw unless otherwise defined in this Bylaw. Unless otherwise indicated, a
reference to a statute refers to a statute in British Columbia, and a reference to any
statute, regulation, bylaw or other enactments refers to that enactment as it may
be amended or replaced from time to time. In the event of a conflict between this
Bylaw and an enactment of British Columbia, the stricter law prevails. Headings
are for convenience only and must not be construed as defining or limiting scope
or intent. If any part of this bylaw is for any reason declared invalid by a court of
competent jurisdiction, the decision will not affect the validity of the remaining
portions of this bylaw.
3.2
The Municipality is not a Participating Municipality under any Inter-Community
Business Licence Bylaw; and
(a)
any licence issued under an Inter-Community Business Licence Bylaw will
not be deemed valid in the Municipality.
3.3
Nothing in this bylaw relieves a person from complying with any Federal or
Provincial law or regulation, other bylaw or any requirement of any lawful permit,
order or licence.
4.
LICENCE REQUIREMENTS
4.1
As of January 1, 2022, except as exempted under this Bylaw:
(a)
a person must not engage in or carry on a business within the
Municipality unless that person holds a valid licence issued by the
Licence Inspector;
(b)
without limiting the requirement for operators to obtain a licence, any
person who:
i)
advertises by newspaper, publicity, or otherwise, as open for
business of any kind within the Municipality;
ii)
deals in or buys, sells, barters or displays, or offers by advertisement
or otherwise to buy, sell or barter things of any kind, either on behalf
of themself or any other person within the Municipality;
iii)
advertises as open to render professional or other services within the
Municipality;
to residents, visitors, or other operators in the Municipality, is deemed
to be carrying on a business;
(c)
Every non-Lantzville-based business operator must, in addition to
holding a licence issued by the Licence Inspector, also hold a current
and valid licence required by the jurisdiction where the business has an
office, business address or is normally based, must:
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 4 of 10
i)
provide the address and contact information of the business in the
other jurisdiction;
ii)
carry that licence with them when engaging in the business within
the Municipality;
iii)
produce the licence at the request of the Licence Inspector; and
iv)
notify the Licence Inspector of any change in business address,
contact information, or licensing status in that jurisdiction.
(d)
every operator required to hold a licence must renew the licence
applicable to the business prior to the beginning of each licensing period;
(e)
subject to a decision under this Bylaw to suspend, revoke or cancel a
licence, a licence is effective from January 1st to December 31st in any year
(the licensing period);
(f)
a person must not carry on a business in or from any premises in the
Municipality other than those specified on a valid licence;
(g)
where a business is carried on in or from more than one premise in the
Municipality, the operator must obtain a licence for each premises and
the business carried on at each premises is deemed to be a separate
business;
(h)
a person to whom a licence has been issued under this bylaw must
promptly notify the Licence Inspector in writing of any change or
correction to the information provided on the business licence
application. In particular, without limiting the foregoing, before changing
the location, operator, or any condition related to size, volume, number or
other limit or restriction noted in the licence, the licence holder must
apply to have the licence modified accordingly;
(i)
in the event of a change of operator of the business for which such
licence was issued, the new operator must, within 30 calendar days,
notify the Municipality in writing of the change; and
(j)
the person to whom a licence has been issued must ensure that the
licence is posted in a conspicuous place and manner in a part of the
business premises to which the public has access, or in a central location
that is readily visible, or as directed by the Licence Inspector.
4.2
Every operator must endeavour to meet trade, occupational, professional, or
other standards established by Provincial and Federal statute or in the absence of
law by customary practice for that business.
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 5 of 10
5.
LICENCE APPLICATION and CONSIDERATIONS
5.1
A person required to obtain a licence must complete and submit, an application
in a form approved by the Licence Inspector, together with the fee established
in "District of Lantzville Miscellaneous Fees and Charges Bylaw No. 26-2004".
5.2
An application for a licence must include the following information:
(a)
nature of the business;
(b)
full name of the owner and the operator, if different, and where they may
be contacted for business purposes, including email address;
(c)
civic address and legal description of the land of the location of the
business, current registered property owner name and the owner's
authorization;
(d)
number of persons employed;
(e)
a parking plan;
(f)
total indoor and outdoor floor area of the business premises;
(g)
if an accommodation service, the number of sleeping units to be provided;
(h)
if a food and beverage service, number of seats to be provided; and,
(i)
if required by the Licence Inspector, documentation showing:
i)
certification or approvals by Federal, Provincial, local government, or
by a trade or professional association, applicable to the business;
ii)
criminal record checks for the business operator, employees,
volunteers or other personnel as required under the Criminal
Records Review Act or other enactment;
iii)
a satisfactory fire safety inspection by a qualified inspector
acceptable to the Licence Inspector;
iv)
a list of hazardous, toxic, volatile or flammable materials stored or
used on-site;
v)
written requirements of a registered building official or a registered
professional under the Building Act; and
vi)
other information that the Licence Inspector considers relevant
and material to the reasonable and safe operation of the business
and to meeting the requirements of this Bylaw and other applicable
enactments.
5.3
An application will not be considered complete until information has been
provided and the fee established in "District of Lantzville Miscellaneous Fees and
Charges Bylaw No. 26-2004" has been paid.
5.4
No refund of the licence fee will be made on account of any person ceasing to do
business in the Municipality at any time.
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 6 of 10
6.
LICENCE RENEWAL
6.1
The Municipality will make available to all licencees a renewal form prior to the
end of November of each year.
6.2
A licencee who intends to renew a licence must obtain, complete and submit to
the Municipality a renewal form no later than December 31st each year.
6.3
If a licence is not renewed by December 31st each year, a licencee who wishes to
continue to carry on the business must submit the renewal form and the late
renewal fee established in "District of Lantzville Miscellaneous Fees and Charges
Bylaw No. 26-2004".
6.4
If the licence is not renewed by January 31st each year, the licence shall be
deemed expired and for the business to continue the operator must reapply for
a Business Licence in accordance with Section 5, meeting all information
requirements and paying all applicable fees.
7.
EFFECT OF LICENCE
7.1
A Business Licence is not a representation or warranty that the licenced
operator, business or the premises on which it is located complies with the
bylaws of the Municipality or with any other applicable statutes, regulations,
requirements or standards.
7.2
A licence authorizes the person named in the licence to operate only the
business described, at the premises described, for the period specified, and upon
such terms and conditions as set out in the licence and is not transferable to
another person.
8.
INFORMATION AND INSPECTION
8.1
The Licence Inspector may, from time to time, require any information from an
operator that the Licence Inspector considers to be relevant to the safe and
reasonable operation of the business.
8.2
The Licence Inspector may enter at all reasonable times upon any property to
inspect and determine whether the requirements of this Bylaw and other
applicable enactments are being met.
8.3
In determining whether a licence should be issued or upon entering a premise,
conducting an inspection, or enforcing this Bylaw, the Licence Inspector may
consult with or be accompanied by:
(a)
a peace officer, health officer, fire or building safety inspector, government
agency; or
(b)
any person who is qualified under a statute or by an occupational, trade, or
professional standards body who, in the opinion of the Licence
Inspector, would have relevant expertise in relation to the business being
inspected.
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 7 of 10
9.
REFUSAL, SUSPENSION AND REVOCATION
9.1
The Licence Inspector may refuse to issue a licence and may suspend, revoke
or cancel a licence for reasonable cause. Without limiting the Licence
Inspector's reasons, any of the following circumstances may constitute
reasonable cause:
(a)
the licence applicant or holder appears to be non-compliant with a bylaw
of the Municipality or with a Federal or Provincial statute;
(b)
a licence holder appears to be non-compliant with a term, limit,
restriction, requirement, or condition of a licence or of a permit, approval
or licence issued by another regulatory authority;
(c)
the applicant or holder has been formally convicted of, or deemed to have
pleaded guilty to, an offence under a Federal or Provincial law and the
offence is relevant to the business operation.
9.2
The Licence Inspector must state in writing the reasons for refusal, suspension,
revocation, or cancellation of a licence.
9.3
Before suspending or cancelling a licence, the Licence Inspector must give the
licence holder an opportunity for reconsideration.
9.4
The Licence Inspector may impose conditions, restrictions, and requirements
on a licence, so that the operator may avoid suspension or revocation of a
licence, and to ensure compliance with this and other bylaws of the
Municipality.
10.
RECONSIDERATION (APPEAL TO COUNCIL)
10.1
Any person who has received a notice of licence suspension or cancellation, or
who has been refused a licence, may request reconsideration by Council within
14 days after the date on which the decision is communicated to the applicant in
writing.
10.2
A request for reconsideration must be delivered in writing to the Director of
Corporate Administration for the Municipality, must include a copy of the
reasons given by the Licence Inspector, and must state the grounds on which
the applicant considers the Licence Inspector's decision is inappropriate.
10.3
The Director of Corporate Administration will place a request for reconsideration
on the agenda of a Council meeting to be held within one month from the date on
which the request for reconsideration was received.
10.4
Council may consider the request in written form or through an in-person
hearing, or both, and may require any, and all information and further information
that it considers may be relevant. After considering the appeal, Council may
either confirm the decision of the Licence Inspector or substitute its own
decision, and may impose additional conditions, restrictions, or requirements that
it considers to be warranted in the circumstances.
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 8 of 10
10.5
An operator must comply with any, and all restrictions, conditions, and
requirements of a licence and any notice or direction by the Licence Inspector
or in accordance with a decision by Council pursuant to reconsideration.
11.
SPECIFIC BUSINESSES
11.1
A licence for a farmers market, flea market, public market or special
event may be issued to a single incorporated organization and cover all vendors
within the market that the organization identifies as a member.
11.2
A farmers market, flea market or public market may operate no more than
two (2) days per week and only at times and locations specified in the licence.
11.3
Mobile food vendors must, in addition to other requirements of this Bylaw:
(a)
if food is being prepared and sold, provide the Licence Inspector with
evidence of approval by a health officer as may be required under the Public
Health Act; and
(b)
ensure the area around the vending location is kept in reasonable condition
as determined by the Licence Inspector, including but not limited to
being free of waste and provided suitable garbage, recycling, and
composting containers.
11.4
Secondhand dealers must maintain a log of persons providing materials or
goods for sale, including the quantity and price of goods sold and amount
reimbursed to the original owner.
11.5
An operator of a cannabis production business must ensure that:
(a)
the business does not produce odours, noise or ground vibrations that
cause substantial and unreasonable interference with the comfort of
neighbouring properties and occupants;
(b)
all waste is disposed of in a responsible manner, including but not limited to
solid waste biomass and wastewater discharges, and in accordance with
relevant local and Provincial regulations; and
(c)
adhere to all pertinent regulations and best practices with respect to
cannabis production and flammable solvent storage, handling, recycling.
11.6
Home businesses must adhere to specific regulations set out in "District of
Lantzville Zoning Bylaw No. 180, 2020".
12.
GENERAL EXEMPTIONS
12.1
A licence is not required:
(a)
for an activity or business carried on by or on behalf of the Provincial or
Federal government or a corporation or agency of the government;
(b)
for a society registered in British Columbia or Canada or a registered
charitable organization who does not operate a retail or other commercial
business on a regular basis;
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 9 of 10
(c)
for occasional fundraising activities held by educational organizations,
churches, sports teams, societies, or other non-profit organizations;
(d)
for a farm business, as defined by the Farm Practices Protection Act;
(e)
with respect to a performance, concert, exhibition, entertainment, or
concession that is held in an establishment for which a licence has been
issued;
(f)
for operators who only discharge passengers or provide delivery services
within the Municipality;
(g)
for rental of a single-family dwelling or duplex where the rental agreement
is subject to the Residential Tenancy Act;
(h)
for the letting or rental of not more than two (2) rooms within a dwelling
unit for a residency period of 30 consecutive days or longer, where the
dwelling unit is the primary residence of the operator;
(i)
for the business of childcare or senior care if not more than two (2)
persons are being supervised or cared for at any given time;
(j)
for babysitting;
(k)
for garage/yard sales when held on residential premises, for no more than:
i)
ten (10) sale days per year per residence; or
ii)
ten (10) sale days per year per building where the building contains
more than three (3) dwelling units in multiple family areas.
(l)
for market gardening when held on residential premises.
13.
ADMINISTRATION AND ENFORCEMENT
13.1
The Licence Inspector is authorized to administer and enforce this Bylaw.
14.
OFFENCE AND PENALTY
14.1
Every person who:
(a)
contravenes this Bylaw;
(b)
permits, suffers or allows any act or thing to be done in contravention of
this Bylaw;
(c)
fails or neglects to do anything required to be done under this Bylaw;
commits an offence and each day any contravention continues constitutes a
separate offence.
14.2
A person found guilty of contravening this Bylaw is liable to pay:
(a)
a fine of not less than $100 and not more than $50,000, together with the
costs of prosecution if proceedings are brought under the Offence Act;
(b)
a fine of up to $1,000 if a ticket is issued under the "District of Lantzville
Municipal Ticket Information Bylaw No. 100, 2012"; or
(c)
a penalty in the amount established in a bylaw made under the Local
Government Bylaw Notice Enforcement Act.
District of Lantzville
Business Licence Bylaw No. 167, 2021
Page 10 of 10
READ A FIRST TIME this 29th day of March, 2021.
READ A SECOND TIME this 16th day of June, 2021.
READ A THIRD TIME this 21st day of July, 2021.
ADOPTED this 8th day of September, 2021.
ORIGINAL SIGNED
ORIGINAL SIGNED
______________________
Mark Swain, Mayor
Trudy Coates, Director of Corporate Administration