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THE CORPORATION OF THE VILLAGE OF LUMBY
BUSINESS LICENCE BYLAW NO. 884, 2023
____________________________________________________
A BYLAW TO PROVIDE FOR A SYSTEM OF BUSINESS
LICENSING IN THE VILLAGE OF LUMBY
CONSOLIDATED WITH AMENDMENTS FOR
CONVENIENCE PURPOSES ONLY
Amendment Bylaws:
Bylaw No. 886, 2023
Bylaw No. 900, 2024
2
THE CORPORATION OF THE VILLAGE OF LUMBY
BUSINESS LICENCE BYLAW NO. 884, 2023
______________________________________________________________________
A BYLAW TO PROVIDE FOR A SYSTEM OF BUSINESS LICENSING
IN THE VILLAGE OF LUMBY
______________________________________________________________________
WHEREAS Council may provide for a system of licenses, permits and approvals in relation to businesses.
NOW THEREFORE the Council of the Corporation of the Village of Lumby in open meeting assembled
ENACTS AS FOLLOWS:
DEFINITIONS
The following definitions shall apply:
Accessible Vehicle means a motor vehicle designed and manufactured, or converted, for the purpose of
transporting persons who use mobility aids.
(B/L 886, 2023)
Adult Only includes a business that offers activities and services of a personal or intimate nature that are
intended for a person nineteen (19) years of age or older, such as to body rub studio, body painting studios,
Dating Agency and Social Escort but excludes a Liquor Establishment.
Amusement means a business that offers entertainment, recreation, games, or contests of any description.
Applicant means a person who applies for a Licence or renewal of a Licence pursuant to this bylaw.
Application means the Village of Lumby Business Licence Application (Schedule B) or the BC One Stop
Application.
ATM includes an automated teller machine that dispenses cash or provides other banking services but does
not include an ATM located within a bank, credit union or other financial institution for which a Licence has
already been issued.
Authorization has the same meaning as under the Passenger Transportation Act, SBC 2004, c.39.
(B/L 886, 2023)
Bed & Breakfast extends to include "Airbnb" means a boarding, lodging or rooming house completely
enclosed within a building used for residential purposes, which includes breakfast provided on the premises
and shall accommodate not more than four (4) boarders provided one (1) additional boarder may be added
for each 45 m2 ( 484.4 square feet) of lot area in excess of 1100 m2 (11,840 square feet) as per the Zoning
Text Amendment Bylaw No. 786, 2016.
3
Business Name means the name that a business uses to identify, promote or advertise the business, or
under which the business is carried on.
Bylaw Officer means a Bylaw Enforcement Officer, RCMP Constable or other person appointed by the
Village to· enforce the Village's bylaws.
"Cannabis" has the same definition as in the Cannabis Act (Canada) subject to any prescribed
modifications.
(BL 900, 2024)
"Cannabis Retail Store" means a business licensed under the regulations of the Cannabis Control and
Licensing Act and where the principal business is the retail sales of cannabis products for the
consumption off site.
(BL 900, 2024)
Community Charter means the Community Charter, S.B.C. 2004, c. 26, as amended.
Construction and Development means a business involving the construction, development, maintenance,
servicing, testing or repair of building, structures, utilities or land.
Contractor means a business that:
(a)
is involved in construction, development, maintenance, servicing, testing or repair of
building, structures, utilities or land;
(b)
oversees and manages Construction and Development projects; or
(c)
provides service in a trade that is designated by the Advanced Education Industry Training
Authority of the Province of British Columbia as a trade within which it is mandatory that
journey persons hold a valid 'Certificate of Qualification' to practice their trade and
apprentices must be registered through an apprenticeship agreement.
Corporate Officer means the Corporate Officer of the Village.
Council means the Municipal Council of the Village.
Dating Agency means a business that provides information to a person desirous of meeting other persons
for the purpose of companionship, dating, or other social outings.
Door to Door Sales means a business involving selling, soliciting or canvassing door to door for the
promotion of any product, service, contract, event or other work.
Fire Chief means the Fire Chief of the Lumby and District Volunteer Fire Department, and any person
designated by the Council to perform fire safety inspections within the Village.
Food and Beverage means a business primarily involving the preparation or service of food and beverages
but does not include a business that holds a liquor primary license under the Liquor Control and Licensing
Act, R.S.B.C. 1996, c. 267, as amended from time to time.
Health Officer means a health officer within the meaning of the Public Health Act, S.B.C. 2008, c. 28, as
amended.
Home Occupation means a business that is undertaken inside a residential building, or accessory residential
building.
4
lntermunicipal Business licence means a mobile business license issued by a participating municipality,
both as defined under the Mobile Business License Bylaw No. 677-2007, as amended.
Licence means a licence issued pursuant to this Bylaw.
Licence Fee means the annual licence fee payable by a business under this bylaw, as set out in Schedule "A"
of this Bylaw.
Licence Holder means a person who has been issued a Licence pursuant to this bylaw.
License Inspector means a person appointed by the Council to enforce and administer this bylaw.
Liquor Control and Licensing Act means the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267 as
amended.
Liquor Establishment includes a business that involves the sale of liquor, under a liquor license pursuant to
the Liquor Control and Licensing Act but does not include a Food and Beverage Business.
Mobile Street Vendor means a business issued a licence on an annual basis to operate a motorized vehicle
or a pedal-powered cart that operates by moving from client to client selling food and non-alcoholic
beverages, such as an ice cream truck or a coffee/lunch wagon, but does not set up a Premises.
Non-Resident Business means a business which:
(a)
is not a Resident Business; but
(b)
is carried on within the Village, or with respect to which any work or service is performed
within the Village.
Non-Profit Society includes a society registered in British Columbia or a registered charitable or a non-profit
or charitable organization in Canada.
One Stop Business Registration means the Provincial Government's online initiative which enables a
business to register with multiple public agencies in one step.
(BL 900, 2024)
Passenger Vehicle for Hire means a vehicle with nine (9) or fewer passengers used to transport people for
financial remuneration, and includes a taxi, limousine, and also includes a Passenger Directed Vehicle under
the Passenger Transportation Act, SBC 2004, c. 39.
(B/L 886, 2023)
Premises includes stores, offices, warehouses, factories, buildings, houses, enclosures, yards or other places
occupied, or capable of being occupied, by a business for the purpose of carrying on a business.
Picture Identification means any one or more of the following provided it is integrated with a photograph of
the bearer:
(a)
valid driver's license issued by a Canadian Province or territory;
(b)
provincial identity card;
(c)
passport issued by the government of origin;
(d)
certificate of Indian Status issued by the Government of Canada.
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Professional means a person who as a condition precedent to providing a service, must be licensed or hold
other statutory authorization as set out in and regulated by a statute of the Provincial Government such as
(a)
Accountant (CGA, CMA, CPA, or CA);
(b)
Agrologist;
(c)
Appraiser;
(d)
Architect;
(e)
Barrister & Solicitor;
(f)
Chiropractor;
(g)
Dentist, Dental Surgeon or Orthodontist;
(h)
Engineer;
(i)
Insurance Adjuster;
U)
Insurance Agent;
(k)
Investment/Securities Agent;
(I)
Land Surveyor;
(m)
Massage Therapist
(n)
Notary Public;
(o)
Optometrist;
(p)
Osteopath;
(q)
Physician & Surgeon (General Practitioner or Specialist);
(r)
Physiotherapist;
(s)
Podiatrist;
(t)
Psychiatrist;
(u)
Psychologist;
(v)
Real Estate or Land Agent; or
(w)
Veterinarian.
Provincial Government means the government of the Province of British Columbia.
Public, Farmer or Flea Market means a temporary or seasonal market for the display and sale of home
crafted products, farm produce or products, gently used items, in an open air or indoor venue. These
markets must have at least six (6) vendors, that operate for two (2) or more hours per day for a minimum of
four (4) markets per year.
Purchase includes buy, barter, deal in, take in exchange, take in part payment, take in pawn or receive on
consignment.
6
Resident Business means a business carried on in or from Premises within the Village.
Register includes any written, typed or electronically stored information required to be kept on the
premises in which this business is carried in a form approved by RCMP.
RCMP means the Royal Canadian Mounted Police.
Safety Standards Act means the Safety Standards Act, S.B.C. 2003 c.38, as amended.
Second Hand Dealer includes a business that purchases or receives used or second hand goods
Security Services Act means the Security Services Act, S.B.C. 2007 c.30, as amended.
Service or Delivery Vehicle means a motor vehicle with a commercial registration that:
(a)
is used by the Licence Holder in connection with a Home Occupation; or
(b)
makes deliveries to, picks up items or persons from, or otherwise attends at the Premises at
which the Home Occupation is located.
Social Escort includes a business that for a fee or other form of payment provides an escort to accompany
another person for social purposes or companionship, but excludes a person providing personal assistance
or care to another person because of that other person's age or disability.
Special Event includes a business involving a short term or temporary event, Amusement, performance,
concert, exhibition, entertainment or concessions that, does not exceed seven (7) days within the calendar
year, except as provided otherwise in the bylaw such as:
(a)
associated retail sales;
(b)
auction;
(c)
Trade Show;
(d)
flea market;
(e)
craft fair;
(f)
circus; or
(g)
carnival.
Stationary Street Vendor means a business issued a licence on an annual basis to operate a vehicle or
trailer for the purpose of selling food or non-alcoholic beverages from an approved Vending Site;
Trade Show means an event involving organizing a group of more than five (5) merchants to gather in one
location or building to offer or promote sales, such as the sale of goods, wares, merchandise, services,
products or concepts.
Vehicle for Hire License means a license issued by the Village under this Bylaw, specific to a particular
vehicle to allow that vehicle to be used as a Passenger Vehicle for Hire.
(B/L 886, 2023)
Vehicle for Hire Service means a company or individual carrying on the business of operating one or more
Passenger Vehicles for Hire.
(B/L 886, 2023)
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Vending Machine means any machine or device operated mechanically or otherwise by inserting a coin,
token or slug, or operated by credit or debit card for:
(a)
selling or dispensing goods, wares, merchandise;
(b)
providing music;
(c)
dispensing refreshments, convections and food, lotto tickets, tobacco products, detergents
or
(d)
providing a service, other than washing or drying clothes.
Vending Site means a designated area approved by the Village for the purpose of a Stationary Street
Vendor setting up a Premises.
Village means the Corporation of the Village of Lumby.
Zero Emission Vehicle means a motor vehicle that is exclusively propelled by electricity or hydrogen from an
external source.
(B/L 886, 2023)
Zoning Bylaw means the Village Zoning Bylaw No. 750, 2012, and amendments.
1.0
GENERAL PROVISIONS
1.1
Every Applicant and every Licence Holder must comply with all federal, provincial and municipal
laws, bylaws, regulations and rules applicable to that type or class of business.
1.2
All definitions contained in the Zoning Bylaw shall apply to this bylaw in the same manner as if they
were set out in this Bylaw.
1.3
A Bylaw Officer is deemed to be a peace officer in the course of their duties.
1.4
If any part of this bylaw is for any reason held invalid by any Court of competent jurisdiction, the
invalid portion shall be severed, and the severance shall not affect the validity of the remainder.
2.0
REQUIREMENTS FOR A BUSINESS LICENCE
2.1
Subject to section 2.2, a person shall not carry on a business within the Village unless the person
holds a valid Licence or lntermunicipal Business Licence.
2.2
The following types of businesses do not require a Licence:
(a)
yard or garage sales provided that the sales do not occur more than
(i)
two (2) times in any given year at a location in a single family or two-family
residential zone as designated in the Zoning Bylaw; or
(ii)
two (2) times in any given year per building located in a multi-family residential
zone as designated in the Zoning Bylaw;
(b)
fund-raising activities held by educational organizations, churches, sports teams, or
associations;
8
(c)
an activity undertaken by or on behalf of the Provincial Government, federal government or
a corporation or agency of the government;
(d)
a person who conducts a program or course on behalf of the Village;
(e)
the operation of a utility by a provincial or federal ministry or provincial or federal crown
corporation or agency;
(f)
a performance, concert, exhibition, or entertainment that the net proceeds are given to a
charitable purpose;
(g)
a Non-Resident Business within one of the following categories:
(i)
commercial travellers selling goods, wares or merchandise to merchants within the
Village for resale by those merchants;
(ii)
operators of vehicle, other than Passenger Vehicle for Hire, who pick up persons or
items within the Village to transport outside the Village or drop off persons or
items from outside of the Village within the Village or both;
(iii)
operator of a Passenger Vehicle for Hire who only discharges persons within the
Village;
(iv)
operator of a retail business which is delivering or picking up items sold by the retail
business;
(v)
a wholesaler, manufacturer or processor delivering items to merchants in the
Village; or
(vi)
a person who practices a profession which is governed by its own legislation and
does not carry on business in the Village more than thirty (30) days accumulatively
within a calendar year.
2.3
A person who carries on the same business in or from more than one Premises in the Village must
obtain and maintain separate Licences for each of the Premises used in the business.
2.4
A person who carries on more than one business at one (1) Premises must obtain and maintain
separate Licences in respect of each business.
2.5
If more than one Professional provide services within the same Premises, each Professional must
have a separate License.
2.6
A person shall not advertise, solicit or promote a business that is conducted within the Village
without first obtaining a License for that business.
3.0
AUTHORITY OF LICENCE INSPECTOR
General Authority
3.1
The Licence Inspector may grant, issue, amend, cancel, refuse or renew a Licence pursuant to this
bylaw.
3.2
Upon receiving a complete application for a Licence, the Licence Inspector may issue or renew the
Licence if satisfied that the following requirements have been met:
9
(a)
the Applicant has paid the applicable fee for the Licence;
(b)
the Applicant is in compliance with the requirements of the Village's bylaws;
(c)
the Applicant has complied with any provincial requirements as to professional trade or
other qualification or for any applicable Provincial Certificate of Proficiency or qualification
for a particular business;
(d)
the Applicant can produce certificates or letters of approval issued by the Health Officer or
by any other public official that the business and the Premises on which the business is
located;
(i)
have received any inspections or approval required under statute or regulation; and
(ii)
otherwise complies with the requirements of the statute or regulation;
(e)
if applicable, the Premises in or upon which the Applicant proposes to carry on any
business meets the standards set in the Village's bylaws or applicable provincial acts and
regulations.
3.3
The Licence Inspector may approve the content and form of any Application, form or document
used to administer this bylaw.
3.4
The following persons may enter, at any reasonable time, any property or Premises, or other place
in respect of which a Licence may be or has been granted pursuant to this bylaw to ascertain
whether there is compliance with the provisions of this bylaw or any other related bylaw in relation
to the business or the Premises:
(a)
the Licence Inspector;
(b)
a Bylaw Officer;
(c)
a Peace Officer;
(d)
a Health Officer;
(e)
the RCMP;
(f)
a Building Inspector;
(g)
a member of the District's fire department; or
(h)
a person who, in the opinion of the Licence Inspector, would have the knowledge, skill, or
expertise relevant and necessary to make a determination as to matters pertaining to the
business at issue.
3.5
The following persons may enforce the provisions of this bylaw:
(a)
the Licence Inspector;
(b)
a Bylaw Officer;
(c)
a Building Inspector;
(d)
the Fire Chief;
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(e)
a person designated by Council to perform fire safety inspections;
(f)
the Chief Administrative Officer or his or her designate.
3.6
A Licence Holder shall immediately notify the Licence Inspector of the suspension or cancellation of
a certificate or letter of approval which has previously been given to the Licence Inspector.
·
Refusal, Suspension, Cancellation or Revocation of a License
3.7.
The Licence Inspector may refuse an application for a Licence in any specific case, provided that the
Licence Inspector:
(a)
does not unreasonably refuse the application; and
(b)
gives written reasons for the refusal upon request by the Applicant.
3.8
The Licence Inspector may cancel a Licence for the following reasons:
(a)
failure to pay the fee or any other charges;
(b)
the business is no longer in operation;
(c)
the Licence Holder requests the cancellation, in writing; or
(d)
the Licence Holder fails to renew the Licence.
3.9
The Licence Inspector may, for reasonable cause, do the following:
(a)
suspend a Licence for any length of time;
(b)
impose additional conditions on the Licence that relate to the reasons for the suspension
and that will apply after the suspension; or
(c)
revoke a Licence.
3.10
If the Licence Inspector intends to take any of the actions listed in sections 3.7, 3.8 or 3.9, the
Licence Inspector must do the following:
(a)
notify the Licence Holder of the intended action and the date on which the intended action
will take place;
(b)
notify the Licence Holder that the business must cease operation as of the date of the
written notice;
(c)
give written reasons for the intended action;
(d)
give the Licence Holder a copy of any written material relied upon by the Licence Inspector
to take the intended action; and
(e)
provide instructions to the Applicant on the steps to take in order to remove the refusal,
cancellation or suspension of the Licence.
3.11
Without limiting what constitutes reasonable cause, any of the following circumstances may
constitute reasonable cause:
(a)
the Licence Holder fails to comply with this bylaw or a term or condition of the Licence;
11
(b)
the Licence Holder is convicted of an indictable offence in Canada which relates to the
nature of the business or in respect of the business;
(c)
the Licence Holder is convicted of an offence under any of the Village's bylaws or has been
convicted of an offence under a provincial or federal enactment in respect of the business
or Premises for which the Licence was issued;
(d)
the Licence Holder ceases to meet the lawful requirements to carry on the business or with
respect to the Premises, for which the Licence was issued;
(e)
the Licence Holder, in the opinion of the Licence Inspector, has engaged in serious
misconduct which warrants the suspension or revocation of the Licence, if the misconduct
is:
(i)
with respect to the business; or
(ii)
in or with respect to the Premises named in the Licence; or
(f)
the person, in the opinion of the Licence Inspector, has
(i)
conducted business or performed a service in a manner that may be harmful or
dangerous to the health or safety of another person actually or apparently under
the age of 16; or
(ii)
sold, displayed for sale or distributed to a person actually or apparently under the
age of 16 anything that may be harmful or dangerous to the health of safety of a
person actually or apparently under the age of sixteen (16).
3.12
A person shall not carry on a business for which a Licence is required during a period of suspension
of the Licence.
Reconsideration of the Decision
3.13
An Applicant or a Licence Holder whose Licence is subject to an action under sections 3.7, 3.8 or
3.9 may appeal to Council to reconsider the decision of the Licence Inspector and must;
(a)
give written notice to the Corporate Officer of their intention to appeal the decision of the
Licence Inspector within ten (10) business days from the date the action takes effect; and
(b)
state in a concise manner the grounds upon which the appeal is based.
3.14
Upon receiving notice of the appeal under section 3.13, the Corporate Officer will refer the matter
to Council and set the time and place for the hearing of the appeal.
3.15
Upon receiving an appeal for reconsideration, Council may
(a)
require any additional information that may be relevant;
(b)
hear from the Licence Holder whose Licence is subject to an action under sections 3.7, 3.8
or 3.9; and
(c)
hear from any other person whom Council considers may have information that is relevant
to the decision.
3.16
Council may do any of the following with regards to an action taken under sections 3.7, 3.8 or 3.9:
12
(a)
confirm the decision of the Licence Inspector;
(b)
vary the decision of the Licence Inspector;
(c)
set aside the decision of the Licence Inspector; or
(d)
impose additional terms, conditions, restrictions or requirements on the Licence that
Council deems appropriate.
3.17
A Licence Holder shall:
(a)
not carry on a business for which a Licence is required by this bylaw during the period
stipulated by the Licence Inspector under section 5.4 regarding the Licence; and
(b)
comply with any term, condition, restriction or requirement imposed by the Licence
Inspector or by Council pursuant to the business.
4.0
APPLICATION FOR A BUSINESS LICENCE
4.1
In order to obtain a Licence, an Applicant must:
(a)
complete the Application for a Licence provided by the Village or complete the application
form available on the One Stop Business Registration website;
(b)
sign the Application;
(c)
submit the application to the Village or the Licence Inspector; and
(d)
pay the applicable Licence Fee.
4.2
An Applicant must provide the following information as part of the application:
(a)
detailed description of the business;
(b)
Business Name;
(c)
address and phone number of the business;
(d)
name, full address and phone number of the Applicant;
(e)
floor area in square metres which is occupied by the business; and
(f)
any other information the Licence Inspector may require.
4.3
An Applicant may be required to:
(a)
undergo a criminal record search by the RCMP for any convictions or outstanding charges
that are relevant to carrying on the business in a lawful manner; and
(b)
pay any fees associated with the criminal record search.
4.4
An Applicant who applies online through the One Stop Business Registration website must provide
the Licence Inspector with any additional information as may be reasonably required to verify the
contents of the application including but not limited to valid Picture Identification.
13
4.5
If a partnership or firm carries on a business, then the partnership or firm is deemed to be in
compliance with this bylaw, if one of the partners or members of the firm is the Applicant and
makes the application in the name of the partnership or firm.
4.6
An Applicant and a Licence Holder must:
(a)
ensure that the information required for a Licence application is current, complete and
accurate; and
(b)
notify promptly the Licence Inspector of any errors, omissions or representations that may
appear on the application.
4.7
A License Holder must promptly notify the Licence Inspector of any changes to the information on
the application for which a Licence was issued.
4.8
A Licence is not valid until it has been issued by the Licence Inspector, and the Applicant has paid
the Licence Fee in full.
4.9
SECURITY SERVICES
(a)
An Applicant for a business which is regulated under the Security Services Act must submit
documentation to the Licence Inspector that the business and all its employees are licensed
under the Security Services Act.
(b)
The Licence Inspector may forward the application to the RCMP for review prior to the
granting or renewal of the Licence.
5.0
CONDITIONS OF THE LICENCE
Effect of the Licence
5.1
Only a person named in the Licence may carry on the business described in the Licence and only at
the Premises or location described in the Licence.
5.2
This bylaw does not create any duty of care whatsoever on the part of the Village, its elected and
appointed officials, employees or agents in respect of:
(a)
the review of an application for a Licence;
(b)
the issuance of a Licence;
(c)
the inspection of Premises by the Licence Inspector or any other official, employee or agent
of the Village; or
(d)
the enforcement of this bylaw.
5.3
The Village does not, by issuing a Licence, acknowledge, represent or warrant that the business,
applicant, License Holder or the Premises comply with the bylaws of the Village or with any other
regulations or standards.
Posting of the Licence
5.4
A Licence Holder must, at all times,
(a)
post the Licence in a conspicuous place on the Premises for which the Licence is issued; or
14
(b)
carry the Licence with the person who is engaged in business within the Village, if the
Licence:
(i)
is issued to a Non-Resident Business;
(ii)
is an lntermunicipal Business License; or
(iii)
is issued to a business which is mobile in nature.
Duration of the License
5.5
The licensing year shall be from January 1 to December 31, unless otherwise specified in this bylaw.
5.6
Despite section 5.4, the following types of businesses may obtain a Licence for the following
durations:
(a)
a performance, concert, exhibition or entertainment function for up to a maximum of seven
days; or
(b)
a Mobile Vending business for up to one (1) year. (?)
Fees
5.7
A person shall pay the fees set out in Schedule A of this bylaw in order to apply for or to renew a
Licence.
5.8
An Applicant who has completed an Application that has been refused by the Licence Inspector is
entitled to a refund of 50% fees charged for that Application, if the refund is applied for within
twenty (20) days after the date the Application is refused.
5.9
On or after July in any year, a new Applicant may pay a pro-rated License Fee of 50% in the first year
of operation of the business in the following circumstances:
(a)
the Applicant applies for a Licence; and
(b)
the Licence Inspector grants the Licence.
5.10
Council considers registered, charitable societies or organizations to be contributing to the general
interest and advantage of the Village. Every registered, charitable society or organization is required
to hold a valid and subsisting Licence, however, the production of an approved non-profit or
charitable society registration number allows the annual business licence fee to be waived.
Changes to the Business Licence
5.11
A Licence Holder must notify the License Inspector within seven days of any change to the business
including but not limited to the following changes:
(a)
in the location of Premises;
(b)
to the Business Name;
(c)
to the ownership of the business;
(d)
to the termination of the business;
(e)
to the category of business;
15
(f)
to the existing liquor license or addition of a liquor license to the existing business;
(g)
to the details provided in the Application;
(h)
to any term or condition on which the Licence was issued; or
(i)
that would increase the fee for the business.
5.12
For certainty, if a fee for a business is based on a variable factor such as:
(a)
floor area or ground area;
(b)
number of persons employed;
(c)
number of machines, appliances or rental units; or
(d)
some other factor used in the business,
then the Licence Holder who changes the variable factor upon which the fee is based shall notify
the Licence Inspector within seven (7) days of the change and pay any additional fee as a result of
the change.
5.13
The powers, conditions, requirements and procedures relating to the granting or refusal of a
Licence shall apply to any application for change to a Licence.
5.14
A Licence Holder must not relocate the business from the Premises specified in the License without
written approval of the Licence Inspector.
5.15
A Licence is not transferable to a new owner of an existing business.
Licence Renewal
5.16
A Licence Holder must ensure the Licence is renewed for each year that the Licence Holder carries
on the business.
5.17
A Licence Holder must submit the applicable fee to the Licence Inspector prior to February 15th of
the year for which the Licence is issued.
5.18
The receipt of the Licence shall be confirmation that the Licence has been renewed.
5.19
If a Licence Holder fails to comply with section 5.17, the Licence Holder must pay the Licence Fee
and the penalty set out in Schedule A.
6.0
ADDITIONAL REQUIREMENTS FOR SPECIFIC BUSINESSES
Home Occupation
6.1
The Licence Holder for a Home Occupation must comply with the following requirements:
(a)
not stop or park or permit the stopping or parking at the Premises of:
(i)
more than 1 Service or Delivery Vehicle, at any one time; or
(ii)
more than 3 Service or Delivery vehicles during any 24-hour period.
(iii)
and any other bylaw requirements according to Zoning Bylaw 750, 2012 and
amendments.
16
Public, Farmer or Flea Market
6.3
Every Applicant for a Public, Farmer or Flea Market Licence must:
(a)
obtain a Licence that shall cover all the vendors participating in the market inclusive of
mobile concessions;
(b)
prior to the event, confirm with each individual food vendor that they are following any
conditions, restrictions or requirements of the Village and the local health authority by
reviewing the relevant documentation; and
(c)
display the documentation during the operating hours of the event;
(d)
secure commercial general liability insurance of no less than $2,000,000.00 which names
the Village and the Regional District North Okanagan (RDNO) as additional named insureds.
(e)
ensure that all food vendors carry their own individual liability insurance in a form and on
terms acceptable to the Village naming the Village and the RDNO as an additional named
insured; and
(f)
ensure that food vendors without individual liability insurance do not operate on Village or
on RDNO owned lands or Premises.
Second Hand Dealer
6.4
The Licence Holder for a Second-Hand Dealer must comply with the following requirements:
(a)
keep on the Premises a Register which is available for inspection at any time; written in ink
and in English and includes the following details:
(i)
a full and complete description including the make, model and serial number of any
goods, items or articles received by the License Holder;
(ii)
the price paid by the License Holder for the goods, items or articles;
(iii)
date and hour when the License Holder purchased or received the goods, items or
articles;
(iv)
the name and residential address and description of the person from whom the
License Holder purchased or received the goods, items or articles;
(v)
confirmation, by means of Picture Identification, of the identity of the person from
whom the License Holder purchased or received the goods, items or articles; and
(vi)
a copy of the Picture Identification used to confirm the identity of the person from
whom the License Holder purchased or received the goods, items or articles;
6.5
The License Holder for a Second Hand Dealer must not do the following:
(a)
Purchase or receive any goods, items or articles from a person who is under the age of
eighteen (18):
(b)
Purchase or receive a good, item or article which has had the serial number removed; or
17
(c)
prior to the expiry of thirty (30) days from the date of purchase or receipt or from the date
of any agreement do any of the following to the goods, items or articles purchased or
received by the License Holder:
(i)
alter;
(ii)
repair;
(iii)
dispose of;
(iv)
part with in any manner; or
(v)
remove from the Premises.
Special Events
6.6
The License Holder for a Special Event must comply with the following requirements:
(a)
have written authorization from the owner of the Premises on which the Special Event will
be held;
(b)
have proof of the following levels of insurance being in place:
(i)
commercial general liability with a minimum coverage of $2,000,000.00 per
incident; and
(ii)
motor vehicle liability with a minimum coverage of $2,000,000.00.
(c)
include the Village and the RDNO as an additional insured on any insurance policy for the
types of insurance mentioned in subsection (b);
(d)
ensure that all machines, rides and equipment used by the public at the Special Event
conforms to the safety requirements of the Safety Standards Act;
(e)
ensure that all elevating devices have identification label required by the Safety Standards
Act visibly attached as required; and
(f)
hold a valid permit issued by a Health Officer for the sale of Food and Beverages.
Stationary Street Vendor
6.7
The License Holder for a Stationary Street Vendor must comply with the following requirements:
(a)
a Stationary Street Vendor's vehicle or trailer must be approved by an accredited
certification or approval agency, such as CSA or BC Safety Authority;
(b)
a Stationary Street Vendor must operate on a Vending Site approved by the Village;
(c)
only one Stationary Street Vendor shall be permitted to operated on a Vending Site;
(d)
the Stationary Street Vendor shall ensure the vehicle or trailer is an adequate distance from
structures, entrances and windows so as not to create a hazard or nuisance for occupants of
the Vending Site and that it does not interfere with public safety or traffic;
(e)
a Stationary Street Vendor is only permitted to sell food and non-alcoholic beverages and
must have a valid Ministry of Health Permit to operate;
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(f)
a Stationary Street Vendor's vehicle or trailer must appear clean, tidy, rust free, and be kept
in good condition;
(g)
a Stationary Street Vendor's vehicle which is operating on a municipal street cannot exceed
a length of 6.7 metres (22 feet) and a width of 2.13 metres (7 feet);
(h)
a Stationary Street Vendor is permitted to operate from 9:00 am -9:00 pm;
(i)
the Stationary Street Vendor's vehicle or trailer must be portable and removed from the
Vending Site at the close of each day of operation;
(j)
no more than two (2) chairs shall be permitted on a Vending Site;
(k)
no signage, buildings or structures associated with the Stationary Street Vendor's operation
shall be erected on the Vending Site except as follows:
(i)
signage affixed to the vehicle or trailer provided that the signage does not increase
the unit's length, height or width; and
(ii)
one sandwich board sign no more than three feet in width and four feet in height
made of sturdy construction and placed so as not to create a hazard or nuisance for
occupants of the Vending Site and that it does not interfere with public safety or
traffic.
(l)
The Stationary Street Vendor is:
(i)
responsible for all garbage and recycling associated with the business; and
(ii)
must remove all recycling and garbage containers from the Vending Site; and
(iii)
ensure that the Vending Site and the surrounding area is free of litter associated
with the operation of the business;
(m)
In addition to the above requirements, a Stationary Street Vendor must:
(i)
provide a letter of permission from the registered owner of the Vending Site
permitting the Stationary Street Vendor to operate on the Vending Site;
(ii)
maintain liability insurance of not less than $2,000,000.00 which names the Village
as an additional named insured;
(iii)
if parking stalls are being used for the Vending Site they must be specifically
designated and the number of remaining parking stalls must meet the current
Zoning Bylaw's parking requirements; and
(iv)
not use of permit the use or voice or music amplification in association with the
operation on the Vending Site; and
(n)
a Stationary Street Vendor is not permitted to operate during Lumby Days.
Mobile Street Vendor
6.8 The License Holder for a Mobile Street Vendor must comply with the following requirements:
19
(a)
a Mobile Street Vendor's vehicle must be approved by an accredited certification or
approval agency, such as CSA or BC Safety Authority;
(b)
a Mobile Street Vendor is only permitted to sell food and non-alcoholic beverages and must
have a valid Ministry of Health Permit to operate;
(c)
a Mobile Street Vendor's vehicle or pedal powered cart must appear clean, tidy, rust free,
and be kept in good condition;
(d)
a Mobile Street Vendor vehicle cannot exceed a length of 6.7 metres (22feet) and a width
of 2.13 metres(7feet);
(e)
a Mobile Street Vendor is permitted to operate from 9:00 am to 9:00 pm;
(f)
except as provided in this bylaw, a Mobile Street Vendor must comply with all existing
"Stopping and Parking Restrictions" and any other applicable restrictions apply to Mobile
Street Vendors as stated in the Village's Good Neighbour Bylaw No. 877, 2022;
(g)
a Mobile Street Vendor must be continuously moving and only stop when temporarily
lawfully parked on a Village's right-of-way, and when approached by a client. The duration
of the stop will correspond to the time spent serving clientele, which will not exceed a ten
(10) minute limit.
(h)
a Mobile Street Vendor must maintain liability insurance of no less than $2,000,000.00
which names the Village as an additional named insured;
(i)
a Mobile Street Vendor must not use of permit the use or voice or music amplification in
association with the operation on the Vending Site; and
(j)
a Mobile Street Vendor is not permitted to operate during Lumby Days.
Vending Machines or ATM
6.9
The License Holder for a Vending Machine or ATM must have a separate Licence for each Vending
Machine or ATM kept on the Premises.
Passenger Vehicles for Hire
7.0
The Use of Passenger Vehicle for Hire is subject to the following requirements:
(a)
No person may operate a Passenger Vehicle for Hire without having obtained each of:
(i)
a valid and subsisting license under this Bylaw to operate the Vehicle for Hire
Service; and
(ii)
for each vehicle used to provide the Vehicle for Hire Service, a valid and subsisting
Vehicle for Hire License issued under this Bylaw;
(b)
The applicable license fee for a license under section 6.9 (a) is as set out in Schedule "A" of
this Bylaw.
(c)
For clarity, the provision of this section are in addition to sections 1 - 5 of this Bylaw.
(d)
An application for a license for a Vehicle for Hire Service must include:
20
(i)
Proof satisfactory to the License Inspector that the applicant holds the
Authorization from the province required to operate the type of Vehicle for Hire
Service the applicant intends to operate, and that the Authorization permits the
applicant to offer that service within the Village or the region in which the Village is
located;
(ii)
Proof satisfactory to the License Inspector that the driver or intended driver of
the Passenger Vehicle for Hire holds a valid and subsisting Driver's License of the
class required by the province to operate the Passenger Vehicle for Hire;
(iii)
sufficient particulars of each vehicle for which a Vehicle for Hire License is sought,
including VIN number, license plate, make, model, and whether the vehicle is an
Accessible Vehicle or Zero Emission Vehicle.
(e)
A license issued under this section is not transferrable.
(f)
The License Holder of a valid and subsisting license to operate a Vehicle for Hire Service
may add a vehicle to its service by applying for a Vehicle for Hire License in respect of the
vehicle to be added.
(g)
For the purposes of Section 5.4 of this Bylaw, a Vehicle for Hire License must be displayed
in a prominent place in the Passenger Vehicle for Hire which is reasonably visible to
passengers within the vehicle.
(h)
No person may operate a Passenger Vehicle for Hire that is not:
(i)
in a safe condition;
(ii)
in a clean condition;
(iii)
in good repair.
(i)
the License Holder of a Vehicle for Hire Service must maintain a valid and subsisting
Authorization allowing that License Holder to operate a Vehicle for Hire Service within the
Village, or within operating boundaries or regions designated by the Passenger
Transportation Board which include the Village;
(j)
the License Holder of a Vehicle for Hire Service must notify the Village immediately on any
termination or modification of the Authorization applicable to the license;
(k)
no person may stop or park a Passenger Vehicle for Hire in any bus stop or taxi stop, whether
to pick up or drop off passengers, or otherwise;
(B/L 886, 2023)
Administration and Enforcement
8.0
Gender specific terms include both genders and corporations.
8.1
Words in the singular include the plural and words in the plural include the singular.
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8.2
A person must not interfere with, obstruct or impede a person listed in section 3.4 or 3.5 in carrying
out his duties under the bylaw.
8.3
A person who:
(a)
contravenes or violates any of the provisions of this bylaw;
(b)
suffers or permits any act to be done in violation of this bylaw; or
(c)
refuses or neglects to do anything required to be done by any provision of this bylaw
commits an offence punishable on summary conviction and shall be liable to a fine of not
more than $10,000 or to imprisonment for not more than six (6) months or both.
8.4
Each day that an offence continues shall constitute a separate offence.
8.5
This by-law may be cited as Business License By-law No. 884, 2023.
8.6
The Village of Lumby Business License Bylaw No. 795, 2017 and its amendments are repealed.
GAVE NOTICE OF INTENT this June 19, 2023.
AD's run in the local paper July 7th and 14th 2023.
GAVE OPPORTUNITY TO MAKE REPRESENTATION this July 17, 2023.
READ a first time this 19th of June, 2023.
READ a second time this 19th of June, 2023.
READ a third time this 19th of June, 2023.
ADOPTED this ____________________, 2023.
______________________________________
Mayor
______________________________________
Corporate Officer
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Schedule A
Licence Fees and Charges
1.0
The following fees apply to a Licence.
Code
Classification
Factor
Fees
5040
Bed & Breakfast & Airbnb
$ 100.00
2150
Cardlocks
$ 200.00
5020
Campground
Per Unit
$ 4.00
Max $150.00
2010
Catering
$ 75.00
1000
Contractors - all types
$ 100.00
6110
Day Care (Adult or Child)
$ 100.00
8000
Door to door sales
$ 100.00
6010
Home Occupation
$ 50.00
3010
Liquor Establishment such as Pubs or
Lounges
$ 75.00
9020
Medical Marijuana Production Facility
$ 500.00
2050
Mobile Vending / Stationary Vending
$ 100.00
5030
Mobile Home Park
Per unit
$ 6.00
8900
Non-Profit Society
$ 0.00
2210
Office
Less than 1,000 square feet
$ 50.00
2220
Office
1,000 square feet to 4,999 sq ft
$ 100.00
2230
Office
5,000 sq ft or greater
$ 130.00
9000
Other
$ 100.00
9300
Passenger Vehicle for Hire (for a vehicle that
is not an Accessible Vehicle or a Zero
Emission Vehicle)
Per unit
$ 100.00
9310
Passenger Vehicle for Hire (Accessible)
Per unit
$ 0.00
9320
Passenger Vehicle for Hire (Zero Emission)
Per unit
$ 30.00
2310
Professional
All floor areas-Per Professional
$ 100.00
9030
Public, Farmer or Flea Market
(indoor/outdoor)
$ 150.00
5010
Rentals - apartments, motels, hotels,
Per unit
$ 6.00
Max $150.00
2020
Restaurant
Less than 25 seats
$ 50.00
2030
Restaurant
25 seats or more
$ 75.00
2110
Retail
Less than 1,000 square feet
$ 50.00
2120
Retail
Between 1,000 and 4,999
square feet
$ 75.00
2130
Retail
5,000 square feet or more
$ 200.00
2140
Retail Sale of Cannabis Store
$ 75.00
8030
Sawmills or Concrete Plants
$ 150.00
9040
Secondhand Dealers
$ 150.00
7010
Service and Repair
Less than 1,000 square feet
$ 50.00
7020
Service and Repair
Between 1,000 and 4,999
square feet
$ 75.00
7030
Service and Repair
5,000 square feet or more
$ 200.00
6120
Specialized Care
Per unit
$6.00 per unit
Max $100.00
9330
Vehicle For Hire Service
Per unit
$ 100.00
2.0
The following rates will apply to a Licence:
Failure to pay the Licence Fee by February 15th
$ 50.00
Per 7.5
Each day that an offence continues shall constitute a separate offence.
23
VILLAGE OF LUMBY
PO Box 430, Lumby BC V0E2G0
Telephone: (250) 547-2171
Fax: (250) 547-6894
THIS IS AN APPLICATION FOR (CHECK ALL THAT APPLY)
New Business Licence
Intermunicipal / Inter-Community
Change of Ownership
Change of Name
Business Licence
Business Name
Ownership Type
Owner(s)/Licencee(s)
Identification Type/No
Business Location
Mailing Address
Business Telephone Number
Business Fax Number
Business Email Address
Contact Person/Phone No.
Emergency Contact/Phone No.
Business Start Date
Type of Business (check all that apply and indicate total floor area for each use
Home Based _________
Industrial _____________________
Non-Resident_________________
Commercial __________
Not for Profit __________________
Other________________________
CRA Business Number
Trade Qualification Number
Are you renovating or altering the premises?
Yes
No
Signature of Applicant ______________________________________
Date ___________________________________
Classification Code
Class Description
Annual Fee
Approvals Required:
Signature:
Notes:
Date:
Building Inspector
Fire Inspector
Health Inspector
Business Licence Inspector
THIS SECTION FOR OFFICE USE ONLY
Pursuant to and subject to the provisions of the
"Business Licence Bylaw No. 795, 2017"
BUSINESS LICENCE APPLICATION
The personal information on this form is collected under the authority of Business Licence Bylaw 795, 2017 and
will be used only for the purposes related to this bylaw. For questions regarding the collection and use of
personal information, please contact Deputy Corporate Officer Melanie Wenzoski at 250-547-2171.
As a result of this application, issued permits and/or licenses will be routinely available to the public.
IMPORTANT NOTICE
By submitting the Business Licence Application, the above named applicant hereby declares that all of the above
information is correct and that they will comply with the bylaws and regulations of the municipality
SCHEDULE B