Business Licence and Regulations Bylaw No. 718, 2013 — full text

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DISTRICT OF LOGAN LAKE BYLAW 718 2013 A bylaw for granting and regulating business licenses and related signage within the District of Logan Lake. WHEREAS the Community Charter provides that Council may, by bylaw, regulate businesses; establish a system of licenses, permits or approvals; and delegate its powers, duties and functions to an officer or employee of the District, which delegation may include the authority to suspend or cancel a business license; AND WHEREAS Council may, by bylaw, regulate and impose requirements for the erection, placing, alteration, maintenance, demolition and removal of signs, sign boards, advertisement and advertising devices and structures; AND WHEREAS Council deems it necessary and in the public interest to regulate and license businesses and related signs, withinthe District; NOW THEREFORE, Council of the District of Logan Lake in open meeting assembled enacts as follows: 1) This bylaw may be cited for all purposes as "District of Logan Lake Business License and Regulations Bylaw 718, 2013". 2 De?nitions: For the purposes of this Bylaw, the following definitions shall apply: "Accommodation Rental Units" means rental units located in the following zones, of the current District of Logan Lake Zoning Bylaw, under R5 --- Medium Density Multiple Family Residential; 01--Town Centre Commercial; C3 -- Highway Commercial and C4 -- Mixed Commercial Residential; and or within a 'bed and breakfast' business. "Brand element" has the same meaning as defined in the Cannabis Act. "Bylaw 928" "Business" means carrying on a commercial or industrial undertaking of any kind or nature or the providing of professional, personal, or other services for the purpose of gain or pro?t. "Business Sign" means any visual medium, including its structure and other component parts, or banner, illuminated or non-illuminated, which is visible from any public street or adjacent property or any lettering, words, pictures or symbols which identify, describe, illustrate, advertise or draw attention to the business products, place, activity or service. "Bylaw Enforcement Officer" means any person appointed from time to time by District Council and also includes any person lawfully acting in the capacity of Bylaw Enforcement Of?cer; "Cannabis" has the same meaning as de?ned within the Cannabis Act. as amended from time to time. "Bylaw 928" "Cannabis-Related Business" means a business, not-for-pro?t, charity, cooperative, shared economy venture, or other entity which uses a premises for the consumption, display, storage, sale, trade or other exchange of cannabis or cannabis-containing products, including but not limited to dispensaries and compassion clubs, as permitted by Provincial and Federal enactment. "Bylaw 928" "CarnivalICircuses/Special Event" means any show having mechanical devices such as ferris wheels, round- abouts or other rides or concessions; any exhibit, exhibition or show where animals are made to perform; and any show or exhibition which displays for the public, invites the public to participate in or entertains the public on a temporary basis only, on premises rented, leased or otherwise obtained for the purposes thereof, and to which the public is either generally invited whether or not an admission fee is charged. Ifanimals are involved, current vaccination certificates, approved by a Veterinarian, must be produced. "District" means the District of Logan Lake. "Fire Inspector" means a member of the Logan Lake Fire Rescue Service who is authorized to carry out ?re inspections in the District. Consolidated t0' Bylaw 718 (c), 2013 Page 2 of 12 "Home Based Business" means any trade, business, profession, or other occupation carried on for remuneration in a dwelling unit, which is secondary to the principal residential use of the dwelling unit. "Home Based Business Si n" means a si n containin the name, occu ation of a home based business, . 9 phone number and hours of operation. "License" means a valid and subsisting business license issued pursuant to this bylaw. "Licensee" means the person who holds a valid business license. "License Inspector" means the Corporate Officer, or the person designated by the Chief Administrative Of?cer as the person responsible for business licensing. "Mobile Vendor" means a person who, either on his own account or as an officer, servant, or agent of another, sells or offers for sale goods from a mobile truck or other vehicle, or from another temporary structure. "Non-Resident Business" means a business, other than a Resident Business or a Home-Based Business, carried on in the Districtor with respect to which any work, sales, or service is performed in the District. "Premise(s)" means a building, portion of a building or an area of land where a business is carried on. "Resident Business" means a business carried on, inor from premises within the District, other than a Home- Based Business. "Young person" has the same meaning as defined in the Cannabis Act. "Bylaw 928" License Re uirements: a) For the purposes ofthis bylaw, any person who conducts any business within the Districtshall be deemed to be operating or carrying on a business and shall require a license. b) Every person who operates a business from more than one premise in the District must apply for and maintain a separate license in respect of each premise. 0) Every person who operates more than one home based business at one premises, must apply for and maintain a separate license in respect of each business. The first business license fee shall be as outlined in Schedule "B"and each subsequent business license fee shall be charged at 50% of the original fee, subject to the requirement of a Fire Inspection, to a maximum of three home based business licenses per premise. d) Every application to carry on a business that will occupy real property in the District is subject to the requirement of a Fire Inspection, completed by the Fire Inspector. e) Contractors or personnel hired by the Districtof Logan Lake directly, are not required to have a business license for any work related to the said contract or hiring terms. License A lication Fees and Terms: a) An application for a business license shall be submitted on Schedule "",Awhich is attached to and forms a part ofthis bylaw and be accompanied by the fee prescribed in Schedule "B"which is attached to and forms a part of this bylaw. b) New licenses are in effect for the year in which they are purchased and new licenses purchased after June 30thin each year, willcost 50% of the fee as prescribed in Schedule "B". c) A one-day temporary license may be granted for a mobile vendor in accordance with the fees specified in Schedule "".B d) License renewals are issued in January each year, by mailing out business license invoices. e) A 10% penalty willapply to license renewals that are not paid in fullby February 28thin each year. Bylaw 718 (c), 2013 Page 3 of 12 f) No reduction or refund of the annual license fee paid pursuant to this bylaw shall be made by the District to any Licensee ceasing to own or operate the business for which the license was issued, nor willthere be any refund in the event a business license is cancelled or suspended. 5 Ins ections: Every Licensee shall permit reasonable access by the License Inspector, Bylaw Enforcement Of?cer or Fire Inspector to any premises for which a license is sought or has been granted, and shall provide such information with respect to the business as the License Inspector reasonably requests for the purpose of ensuring that the requirements of this bylaw are being ful?lled. Inspectors must show identification prior to inspections. 6 License Chan es: a) Every Licensee shall notify the License Inspector inwriting within thirty (30) days of termination ofoperation of the business. b) No Licensee shall make a change to a business including but not limited to: i) the location of the business premises, ii) the business name, iii) the type of business, or iv) the term or condition on which the license was issued without notifying the License Inspector and upon paying a $25.00 change fee. c) An application to relocate an existing Resident business to a new location will require an additional ?re inspection report. 7 License Issuance: a) The License Inspector may grant a license, when satisfied that the business has complied withzoning, fire inspection, health, sanitation and business licensing requirements of the District and/or other agencies. b) A license authorizes only the person named inthe license, or their employees, to carry on only the business described in the license, and only at the premises or locations described in the license. c) Issuance of a license is not a representation or warranty that the licensed business orthe business premises complies with the bylaws of the District or with any other regulations or standards. 8 Dis Ia of License: a) Every Resident Business or Home--BasedBusiness must display the license in a conspicuous place to which the public has access at the premises for which the license is issued. b) Where a Non-Resident Business Licensee has no permanent business premises in the District, the license shall be carried upon the Licensee's person at all times when the Licensee is engaged within the District in the business for which the license was issued. 9 Cannabis-Related Business: "Bylaw 928"AIISection 9 a) No Cannabis-Related Business shall operate in the District of Logan Lake without first having obtained a license. b) Every person who makes an application for a license to operate a Cannabis--Related Business must demonstrate that the proposed use is lawful under all applicable Provincial and Federal statutes and regulations. c) A person applying for the issuance of renewal of a license to carry on a Cannabis--RelatedBusiness must: i) Make application to the License Inspector on the form provided for that purpose; ii) Pay to the District the applicable license fee under this bylaw, as amended from time to time; iii) Provide a security plan for the premises that, in the opinion of the License Inspector, describes adequate security measures to mitigate risk of theft or robbery at the premises; iv) provide proof of a security and fire alarm contract that includes monitoring at alltimes during the period for which the license is being sought. v) Provide proof of ownership, lease or legal possession of the premises; vi) Provide any other documents required by the License Inspector. d) A license holder for a Cannabis--Related Business must: i) Comply with all regulations as outlined in the provincial Liquor Control and Licensing Act, Cannabis Control and Licensing Act, and their corresponding regulations. a. install video surveillance cameras that monitor all entrances and exits and the interior of the premises at all times; retain video camera data for at least 21 days after it is gathered; install a security and fire alarm system that is, at all times, monitored by a licensed third party; have locked retail display cases for all cannabis and cannabis-related accessories which are not accessible to patrons, except for the contents of smell jars, which must be physically attached to a display case or counter and not accessible to touch by patrons and must have a locked cannabis storage room. prominently display a sign on the premises indicated that no persons under 19 years of age are permitted on the premises unless accompanied by a parent or guardian ii) A license holder for a Cannabis--Related Business must n_otdo any of the following: a. Operate the Cannabis-Related Business between the hours of 11:00 pm. and 9:00 am. the following day; not allow cannabis, products containing marihuana cannabis or other valuables to remain on the premises when not open to the public, unless the marihuana cannabis, products and other valuables are securely locked in a safe on the premises; Permit the consumption of any cannabis containing product on the premises; Promote cannabis, a cannabis accessory or any service related to cannabis in a way that could be appealing to Young Persons or by representing it or any of its Brand Elements in a manner that associates itor the Brand Element with, or evokes a positive or negative emotion about or image of, a way of lifesuch as one that includes glamour, recreation, excitement, vitality, risk or daring; Promote cannabis, a cannabis accessory or a service related to cannabis by displaying a Brand Element of cannabis, a cannabis accessory or a service related to cannabis on a cannabis related item ifthe item is: i. associated with young persons; ii. appealing to young persons; or iii. associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring; and iv. Use the premises to carry on business other than that defined as a "Cannabis-Related Business". v. For the purposes of this bylaw, any business, not-for-profit, charity, cooperative, shared economy venture, or other entity which uses a premises for the consumption, display, storage, sale, trade or other exchange of cannabis or cannabis-containing products shall be considered a Cannabis--Related Business and will be subject to all the applicable terms, conditions, and fees of a Cannabis--Related Business. The Applicant must minimize visibilityof Cannabis and Cannabis Accessories from outside the retail store. Bylaw 718 (c), 2013 Page 4 of 12 Bylaw 718 (c), 2013 Page 5 of 12 10 Refusal Sus .ension or Cancellation of a License: 11 12 13 a) b) d) f) 9) b) An application may be refused by the License Inspector in any speci?c case, provided that: i) the application may not be unreasonably refused; and ii)the License Inspector must give written reasons for the refusal. Ifthe License Inspector refuses to grant a license, the applicant who is subject to the decision is entitled to have Council reconsider the matter within thirty days. A license may be suspended or cancelled by the License Inspector, if: i) the Licensee fails to comply withthis bylaw or a term or condition of the license. ii) the Licensee is convicted of an indictable offence in Canada, which offence is, in the opinion of the License Inspector, directly related to the business; iii) the Licensee is convicted of an offence under any Municipal bylaw or Provincial or Federal enactment in respect of the business for which the Licensee is licensed or with respect to the premises forwhich the license was issued; or iv) the Licensee has ceased to meet the lawful requirements to carry on the business for which the Licensee is licensed or with respect to the premises for which the license was issued. The suspension of a license by the License Inspector shall be made in writing, signed by the License Inspector and served on the licensee or delivered to the licensee by registered mailto the address given by the licensee on the application form for the license. A notice of suspension may be posted by the License Inspector upon the premises forwhichthe license was issued and the notice shall not be removed untilthe license is reinstated, or the suspended licensee ceases to occupy the premises, or a new license is issued for the premises. For bylaw infractions (with the exception of health or safety issues), businesses shall receive a written explanation of the infraction and have 30 days from the mailing date, to remedy the infraction. No person shall carry on a business for which a license required by this bylaw is under suspension. eal Procedures: Any person whose license has been suspended or cancelled must be given written notice of the suspension or cancellation and be given an opportunity to appear before Council within30 days. The applicants appeal shall state the grounds upon which the appeal was made and the reasons for the appeal. Following the appeal, Council may confirm or set aside decisions made by the License Inspector and the applicant willbe noti?ed of Council's decision, which is final. A notice of hearing shall be made inwriting, outlining the time, date, and place of the hearing and be served on the licensee or delivered to the licensee by registered mail, to the address shown on the application for the license, one month (30 days), in advance of the hearing. Business Si ns: 8) b) C) No person, owner or tenant shall permit a business sign to remain in place which is unsafe for persons or property, identifies a use incorrectly, or is in an overall state of dilapidation, disrepair, or abandonment. No person, owner or tenant shall permit a business sign to remain on a building, structure or property, when the business the sign pertains to is no longer operating. The owner of the building and/or property where the business was operated and/or sign is displayed, is responsible for removal of the business sign. Offences and Penalties: a) Every person who: i) owns, operates or carries on a business for which a license is required, without holding a current license for that business; ii) fails to display a current license; iii) fails to provide any information or documentation as may be required; H) H) H) H) PY DY Sec?on Penal Mayor (M. Dosch) Chief Administrative Officer (W Vollrath) Bylaw 718 (c), 2013 Page 6 of 12 iv) carries on or remains open for business after receiving notice, subject to Section 9 (f),that a license has been suspended or cancelled or after the license has expired; v) fails to comply with the terms and conditions of a license issued; vi) fails to remove an unsafe business sign and/or repair and/or maintain a business sign; or vii) fails to remove a business sign, when the business the sign pertains to, has ceased operating for 60 days, shall be deemed to have committed an offence and shall be liable to the penalties hereby imposed. No business license 12 a i $100.00 Failure to dis la business license 12 a ii $ 50.00 Failure to rovide information re uired 12 a iii $ 50.00 Operate business after notice of suspension or 12)a)iv) $100.00 cancellation Failure to com | with terms of business license 12 a v $ 50.00 Failure to remove an unsafe business sign and/or 12)a)vi) $100.00 re air and/or maintain a business si n Failure to remove a business sign when the business is 12)a)vii) $500.00 no Ion er 0 eratin b) Each day that any violation ofa provision of this bylaw continues, may be deemed to be a separate offence. 0) Payment of penalties are accepted at the District office at 1 Opal Drive, Logan Lake, BC 14 General Provisions: a) Business Licensees are subject to the regulations as defined in other applicable Districtbylaws (i.e. Zoning, Noise). b) District of Logan Lake Business License 480, 1998 and all amendments thereto, are hereby repealed. c) This bylaw shall come into fullforce and effect on January 1, 2014. READ A FIRST AND SECOND TIMEthis 21Stday of May, 2013. READ A THIRD TIME this 21Stday of May, 2013. RECONSIDERED ANDADOPTED this 4thday of June, 2013 B law Offence INDEXOF AMENDINGBYLAWS Bylaw 888, 2022 ........................................ Adopted June 21, 2022 Bylaw 928, 2024 .......................................... Adopted June 4, 2024 Note to Users "WHEREASeach bylaw consolidation shall be proof, inthe absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of adoption of the original and all amending bylaws", pursuant to "Authority to Consolidate Municipal Bylaws No. 655, 2009', which was adopted on the 3rdday of November, 2009. Certifie truea correct copy this lbmdayof (NX%. .2024. rporate Officer District of Logan Lake Bylaw 718 (c), 2013 Page 7 of 12 DISTRICTOF Logan Lak Dlsc-.'nr J'Ii In!xturzt' on c.;" Na! "'8 E New Business License Application Change of existing Business License ($25.00): IZILocation EiName DOwnership ElType 2. GENERAL INFORMATION (3) Business Name and Address Business Name: 1. APPLICATION Schedule "A" Business License and Regulations Bylaw 718, 2013 Business License Application [Page 1 of 3] Cell : Fax: Cell: Alternate Telephone: (0) A ent or Mana er Information: [Business Agent or Manager contact information, if different from above] Business Location Address: Business Mailing Address, ifdifferent: Business Telephone Number: (b) Owners Information Name of Business Owner: Address of Business Owner: Telephone Number: Name: Address: Telephone: Email: Cell: Fax: Cell: Number of persons working in the business: Owner(s): Employees: Have you previously had a District business license: Yes No Alternate Telephone: (d) Business Information: Description of Business Activity Email: Bylaw 718 (c), 2013 Page 8 of 12 Schedule "A" Business License and Regulations Bylaw 718, 2013 Business License Application [Page 2 of 3] (6) Business License Chan es 25.00 : The Business License is being changed as follow: III El New Location of Business Premises: New Business Name: New Type of Business: New Terms or Conditions of Business License: 4. ACCOMMODATION RENTAL UNITS Located in R5 C1 C3 C4 Zones and/or Bed and Breakfast (a) Type of rental units: (b) Number of rental units: 5. HOME BASED BUSINESS DECLARATION [Ifyou are applying for a Home Based Business License, you must read and sign this declaration. ] Home Based Businesses must comply with the following regulations: 1. 2. 91.43." 90>"? 9. 10. 11. No outdoor storage of material associated with the home based business is permitted. A maximum of one (1) sign per parcel is permitted when advertising a home based business and shall not exceed 24" x 24" (4 sq ft) in area and shall not be illuminated. The home based business shall be carried out wholly within a dwelling or permitted accessory building. No retail sales other than the sale of goods produced on the premises is permitted. Up to one (1) person, in addition to family members residing in the dwelling, may be engaged in the home business. The home based business shall not occupy more than 50 m2 of the dwelling and accessory building. The home based business shall not occupy more than 25% of the gross ?oor area of the dwelling. A home based business may not include: a) Stables, kennels or animal breeding operations; b) Restaurants: c) Parking or storage of commercial, industrial or construction equipment and material; d) Vehicle or equipment repair and maintenance; e) Metal fabricating; No commercial vehicles exceeding 4,500 kg licensed gross vehicle weight are permitted to be parked or stored on the parcel unless completely enclosed within a building. A maximum of one commercial vehicle used for the home based business is permitted on the parcel unless completely enclosed in a building. A person operating a home based business shall possess a District of Logan Lake Business License. I agree to abide by the above regulations regarding my home based business. Signature Date Bylaw 718 (c), 2013 Page 9 of 12 FOR OFFICE USE ONLY: :1 Home Based Business Resident Business Non-Resident Business Signature of Agent or Manager Date Bylaw 718 (c), 2013 Page 10 of 12 6. BUSINESS LICENSE DELCARATION [Allapplications must be signed] IT IS AN OFFENCE TO MAKEA FALSE DECLARATION I declare that the above statements of facts are correct in accordance with the particulars of this application. Neither I.normy business has had any previous business license revocation, suspensions or convictions with regards to the operation of any business. Iagree to comply withall applicable Districtof Logan Lake bylaws, the provisions of the Community Charter and all related Provincial and Federal codes, acts and regulations. Signature of Applicant Date ,20 Fees Paid: Issued this day of Zoning: Fire Inspection: Health: Other: Approvals Approved by: Date: Comments: License Inspector: DD DD v) 2 Schedule "B" Business License and Regulations Bylaw 718, 2013 Annual Business License Fees 2014 Initial Business License A lication Janua 1Slto June 30th i) Accommodation Rentals 2015 and fonNard -- to a maximum of 15 rooms $ 80.00 $100.00 -, and per room over 15 rooms $ 5.00 $ 10.00 ii) Carnival/Circus/Special Event $250.00 $300.00 iii) Financial Institutions $250.00 $300.00 iv) Home Based (without Fire Inspection) $ 40.00 $ 50.00 Home Based (with Fire Inspection) $ 80.00 $100.00 2ndand 3rdHome Based Business 50% rate reduction v) Non-Resident and/or Resident $ 80.00 $100.00 vi) One Day License (Mobile Vendor) $ 25.00 $ 25.00 viii) Annual Licence (Mobile Vendor) $100.00 Initial Business License A lication Jul 1Stto December 315': i) Accommodation Rentals - to a maximum of 15 rooms $ 40.00 $ 50.00 - and per room over 15 rooms $ 2.50 $ 5.00 ii) Carnival/Circus/Special Event $250.00 $300.00 iii) Financial Institutions $125.00 $150.00 iv) Home Based (without Fire Inspection) $ 20.00 $ 25.00 Home Based (with Fire Inspection) $ 40.00 $ 50.00 2ndand 3rdHome Based Business 50% rate reduction v) Non-Resident and/or Resident $ 40.00 $ 50.00 vi) One Day License (Mobile Vendor) $ 25.00 $ 25.00 vii) Annual Licence (Mobile Vendor) $ 50.00 Business License Renewal Janua 1Stto Februar 28th Same as 1) above. Business License Renewal March 1stto December 31St Plus 10% enalt : i) Accommodation Rentals -- to a maximum of 15 rooms $ 88.00 $110.00 - per room over 15 rooms $ 5.50 $ 10.00 ii) Financial Institutions $275.00 $330.00 iii) Home Based (without Fire Inspection) $ 44.00 $ 55.00 Home Based (with Fire Inspection) $ 88.00 $110.00 2ndand 3rdHome Based Business 50% rate reduction iv) Non--Residentand/or Resident $ 88.00 $110.00 "Bylaw 888" "Bylaw 888" Bylaw 718 (c), 2013 Page 11 of 12 5) Business License Chan e Fee: the location of the business premises the business name the type of business the term or condition on which the license was issued, has changed $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Bylaw 718 (c), 2013 Page 12 of 12