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NOT THE OFFICIAL VERSION
CONSOLIDATED FOR REFERENCE
August 2018
DISTRICT OF METCHOSIN
BYLAW NO. 352
A B Y L A W
To Provide for the Licencing and Regulation of Businesses
__________________________________________________________
WHEREAS Part 20 of the Local Government Act, empowers Council to provide for the licencing and
regulation of businesses in the District of Metchosin, and Council wishes to regulate and licence
businesses for the purpose of protecting the public;
THEREFORE the Council of the District of Metchosin, in open meeting assembled, enacts as follows:
1.
Citation
This Bylaw may be cited for all purposes as the "Business Licence Bylaw No. 352."
2.
Definitions:
In this Bylaw:
Bed and Breakfast means a Home Business within a dwelling unit that provides transient tourist
accommodation in which not more than 3 bedrooms are rented on a short-term basis, and may
include the provision of a breakfast meal served on the premises.
Boarding Kennel means premises in which dogs over the age of 8 months and cats are kept,
trained, cared for, or boarded.
Breeding Kennel means premises in which dogs over the age of 8 months are kept and bred.
Business means carrying on a commercial or industrial undertaking of any kind, providing
professional, personal or other services; or providing a product, for a customer or customers. A
business would market its undertaking, service or product. A business would apply a monetary
charge or fee for its undertaking, service or product.
Campsite means the use of a lot occupied and maintained, or intended to be occupied and
maintained, for the temporary accommodation of travelers in travel trailers, tent-trailers, tents or
similar transportable accommodation, which is operated as a commercial enterprise, but does not
include a manufactured home park, motel or a hotel.
Consultant means one who gives professional advice or services.
Contractor means a person who carries on a business of performing construction, alteration or
repair work upon a building, structure, road, or other improvement.
Employee means a person engaged on a full time or part time basis in the operation of a business,
whether employed on a salaried, commission or other basis, and includes any owners, partners or
principals engaged in the operation of the business.
Business Licence Bylaw No. 352
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Fire Safety Inspector means the Fire Chief or Local Assistant to the Fire Commissioner.
Garden Centre means the use of a lot, buildings or structure or part thereof where flowers,
bushes, trees or other plant stocks are purchased at wholesale and offered or kept for sale at retail
and includes retail sales of related lawn and garden equipment, furnishings, and supplies.
Holiday means Sunday, New Year's Day, Good Friday, Victoria Day, Canada Day, British
Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and
December 26.
(Bylaw 462)
Horticultural Business means a Home Business including but not limited to: the selling of
garden vegetables, farm produce, fruits, flowers, ornamental shrubs, and ornamental trees.
Home Business means the accessory use of a portion of a dwelling unit, use of a dwelling unit
accessory building, or for horticultural purposes only, of a portion of a lot on which a dwelling
unit is situate for the carrying on of a business, occupation or profession where such use is
secondary and subordinate in area to the area of the dwelling unit and subordinate in extent of
use to the use of the lot for residential purposes in compliance with Section 21 of the Land Use
Bylaw.
(Bylaw 462)
Industrial Business means the business of processing, manufacturing, storage, transportation,
distribution, wholesaling, testing, servicing, repairing, wrecking, or salvaging of goods materials
or things; includes communication, electric, gas, sanitary service, and the selling of heavy
industrial equipment.
Licence means a valid and subsisting business licence issued pursuant to this Bylaw.
Licencee means the person who holds a licence.
Licence Inspector means every person employed from time to time by the District of Metchosin
as Business Licence Inspector, Building Inspector, Bylaw Enforcement Officer, or Clerk
Administrator.
Lot means the smallest unit as shown on the records of the Land Title Office in which land is
held, or into which land is subdivided, and includes a strata lot created under the Bare Land
Strata Regulations pursuant to the Condominium Act, but specifically excludes any other strata
lot created pursuant to the Condominium Act or highway or portion thereof.
(Bylaw 462)
Marina means a business which contains docking facilities or mooring facilities where boats are
berthed, serviced, repaired, or kept for sale or rent, and where facilities for the sale of marine
fuels or lubricants, accessory marine supplies or fishing equipment and sales room for boats may
be provided.
Municipality means the District of Metchosin.
Business Licence Bylaw No. 352
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Noise means any sound which disturbs or tends to disturb the quiet peace, rest, enjoyment,
comfort or convenience of the neighbourhood or of persons in the vicinity.
(Bylaw No. 462)
Nonresident Business means a business, other than a resident business, carried on in the District
of Metchosin or with respect to which any work or service is performed in the District of
Metchosin.
Resident Business means a business carried on in or from premises in the municipality.
Restaurant means an establishment where food and beverage is served for a fee or charge to the
public for immediate consumption within the premises and includes take-out service of food and
beverage for off-site consumption.
Retail Store means a building where goods, wares or merchandise, are offered or kept for sale at
retail, and includes storage on the store premises of limited quantities of such goods, wares or
merchandise sufficient only to service such store.
Roadside Stand means either a portable stand or cart, or a permanent structure which is located
or constructed within the front or side yards of a lot and which is used for the sale of vegetables,
fruits, flowers or foodstuffs.
Sales Distributorship means a Home Business, involving the sale of goods not produced on the
lot on which the Home Business is located, where the goods are delivered or mailed by the
distributor to the customer, and where the customer at no time enters onto the lot to view goods
or complete the sales transaction.
Services means a Home Business in which a service is provided for individuals, businesses or
other organizations.
Short Term Rental means the business of renting a legal dwelling unit, or portion of, for a period
of less than 30 consecutive days, including to a maximum of 4 boarders as an accessory use.
(Bylaw 647)
Unclassified Home Business means a Home Business which is not described under
Classifications in Schedule "A".
3.
Licence Requirement
Subject to Part 20 of the Local Government Act:
a)
No person shall carry on business in the District of Metchosin without a licence.
b)
Every person who owns or operates any business within the District of Metchosin shall
apply for, obtain and hold a licence for each business.
c)
Every person who carries on business from more than one premises in the District of
Metchosin shall obtain a separate licence for each premises.
Business Licence Bylaw No. 352
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August 2018
d)
Every person who carries on more than one business from the same premises shall obtain
a separate licence and pay a separate licence fee for each business.
4.
More than One Business
a)
Home Business
i)
If more than one business is operated by the same person on the same premises:
a)
the number of people engaged in the businesses in the municipality in
total shall not exceed the maximum number permitted under the Land
Use Bylaw;
b)
the area used by the businesses in total shall not exceed the maximum
area permitted under the Land Use Bylaw.
5.
Licence Fee
a)
Every person who obtains a licence shall pay, in advance, the applicable licence fee
prescribed in Schedules "A" and "B" to this bylaw.
b)
No refund of a licence fee shall be made on account of any person ceasing to do business
at any time. A licence fee shall be refunded only if the licence application is withdrawn
prior to issuance of the licence or if issuance of the licence is refused.
6.
Security
a)
Any person applying for a licence to carry on a non-resident business of any of the
following classes of business, namely, the selling of newspapers, periodicals, books or
other publications or soliciting subscriptions for the same, shall give security to the
Municipality by way of cash or bearer bonds in the amount of $500.00.
b)
The return of security provided under subsection (a) is conditional on the licensee
carrying on business in the municipality without deceit, misrepresentation or fraud on the
part of the licensee.
c)
Security under subsection (a) must be given for the period from the date the business
licence is issued until the earliest of the following:
i)
6 months after the licensee ceases to hold the licence to carry on the nonresident
business;
ii)
the date on which the licensee is issued a business licence by the municipality to
carry on the business as a resident business;
iii)
3 consecutive years have elapsed during which no order under subsection e) has
been made respecting the security.
Business Licence Bylaw No. 352
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August 2018
d)
Subject to subsection e), at the end of the period under subsection c), the security must
be returned to the licensee.
e)
If, during the period under subsection c), the municipality receives notice of a civil
action in a court that:
i)
is based on deceit, misrepresentation or fraud on the part of a licensee who has
given security under this section, and
ii)
arises out of the carrying on in the municipality of the business for which the
security is held;
the security must be held subject to the order of the court, which may order that the sum
secured be applied wholly or in part to the discharge of the liability of the licensee
resulting from the action.
f)
Any person applying for a licence to carry on a Short Term Rental shall give security to
the District by way of cash or bearer bonds in the amount of $500.00 prior to issuance of
the business licence.
g)
The security deposit provided for in subsection (f) will be drawn upon in the event that
the District undertakes any bylaw enforcement actions or investigation, whether initiated
by the District or as a result of complaints arising from the Short Term Rental. If drawn
upon, the security amount must be replenished prior to the date of a business licence
renewal.
h)
Any remaining security provided for under subsection (f) will be returned within 6
months after the licensee ceases to hold the licence.
(Bylaw 647)
7.
Hours of Operation
For any home business in which the business activity involves the operation of machinery or
tools which produce noise, to the extent that the noise can be heard from beyond the perimeter of
the lot upon which the machinery or tools are operated, the hours of operation of that business
activity are restricted to:
i)
Monday to Friday from 8:00 a.m. to 4:00 p.m.; and
ii)
Saturday from 10:00 a.m. to 4:00 p.m.
excluding Holidays.
(Bylaw No. 462)
8.
Short Term Rental
a)
Prior to being issued a licence, in addition to any security required in Section 6, Short
Term Rental businesses shall provide:
i.
The name, phone and email information of a local contact or property
manager that can be contacted at any time (24-hours a day, 7 days a week) in
the event of a problem for tenants, boarders, neighbours or the District. The
property manager should hold a valid business licence.
ii.
Proof that the contact information required in subsection (a)(i) above has
been provided to adjacent property owners and/or tenants.
Business Licence Bylaw No. 352
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b)
A person may only offer to conduct a Short Term Rental if a valid business licence
number for the Short Term Rental business is included in any advertising, listings or
other promotional material (print, online or otherwise) referencing the Short Term Rental
of the property.
(Bylaw 647)
9.
Licence Inspector's Powers
1. The Licence Inspector may grant a licence upon being satisfied that the applicant has
complied with the bylaws of the District of Metchosin regulating building, zoning,
health, sanitation and business.
2. The Licence Inspector is hereby designated to exercise the powers of suspension or
cancellation of a business licence.
3. The Licence Inspector may suspend any licence for reasonable cause. Any of the
following circumstances may constitute reasonable cause:
i)
the Licencee fails to comply with a term or condition of the licence;
ii)
the Licencee is convicted of an offence under an Act or municipal bylaw in
respect of the business for which the holder is licenced or with respect to the
premises named in the licence;
iii)
the Licencee is deemed, under the Local Government Act or Offence Act, to have
pleaded guilty to an offence referred to in paragraph (ii);
iv)
in the opinion of the Licence Inspector, the Licencee has engaged in misconduct
that warrants the suspension or cancellation of the licence, if the misconduct is
a)
in respect of the business,
b)
in or with respect to the premises named in the licence, or
c)
in respect of that business or another business, or in or with respect to
the premises of that business or other business, carried on by the holder
inside or outside the municipality;
v)
the Licencee has ceased to comply with a bylaw or has otherwise ceased to meet
the lawful requirements to carry on the business for which the holder is licensed
or with respect to the premises named in the licence;
d)
Before suspending or canceling a business licence, the licence holder must be given
notice of the proposed action and an opportunity to be heard by Council.
10.
Inspections
Every Licence Inspector or Fire Safety Inspector of the District of Metchosin may enter at all
reasonable times on any property that is subject to this bylaw to ascertain whether the regulations
in this bylaw are being observed.
Business Licence Bylaw No. 352
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August 2018
11.
Initial Licence Applications
a)
An application for the initial licence for a business shall be made on an application form
prescribed from time to time by the Clerk Administrator of the District of Metchosin.
The application shall be signed by an owner or operator of the business or the owner or
operator's duly authorized agent.
b)
Every application for an initial licence for a Resident Business shall include a detailed
description of the premises in or upon which the applicant intends to carry on business.
c)
Where an applicant applies for more than one licence, the particulars of each licence
applied for shall be included on a separate application form.
d)
The application form shall be delivered to the District of Metchosin office and shall be
accompanied by the fee prescribed in Schedules "A" and "B" to this bylaw.
12.
Term of Licences
a)
Except as this section provides
i)
business licences must be granted annually,
ii)
the licence period commences each November 1st and expires each October
31st.
b)
The period for a licence with respect to a circus, concert, horse show, dog or pony show,
exhibition or other itinerant show or entertainment, when held elsewhere than in a
licenced place, shall be for one day.
13.
Licence Forms
a)
Every licence shall be in the form prescribed from time to time by the Clerk
Administrator of the District of Metchosin.
b)
Every licence must state that the holder is licenced to carry on the business specified in it
in a lawful manner for the period specified at the place specified.
14.
Display of Licence
Every Licencee shall keep the Licencee's copy of the licence posted in a conspicuous place on
the premises in respect of which the licence is issued. Where the Licencee has no business
premises in the District of Metchosin, the licence shall be carried upon the Licencee's person at
all times when the Licencee is engaged within the District of Metchosin in the business for which
the licence was issued.
15.
Effect of Licence
a)
A licence authorizes only the person named in the licence to carry on only the business
described in the licence, and only from the premises or locations described in the licence.
Business Licence Bylaw No. 352
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b)
A licence is a representation or warranty that the licenced business or the business
premises complied with the bylaws of the District of Metchosin at the time of inspection.
16.
Licence Renewal
a)
The Licence Inspector may forward a notice or invoice to every Licencee prior to
expiration of the licence term.
b)
A Licencee who proposes to renew a licence shall submit the licence fee to the District
of Metchosin prior to expiry of the Licence.
c)
If a licence is not renewed according to this section, the licence shall be terminated and a
Licencee who wishes to continue to carry on the business shall submit an application
form and supporting documentation in accordance with section 9 and Schedule "A" and
"B" and shall pay an additional licence fee of $25.00.
17.
Licence Transfers - New Premises
a)
No person shall carry on a business upon any premises other than those described in the
initial licence application without first making an application under this section for a new
licence.
b)
Any Licencee proposing to move a licenced business to a new location must follow the
procedure outlined in section 9.
18.
Licence Transfers - Person to Person
Business licences are not transferable from person to person.
19.
Changes in Business
Where the licence fee for any business licenced under this bylaw is based on the number of
employees engaged in the business or other variable condition, no Licencee shall increase the
number of employees engaged in the business without first paying the increase in the applicable
fee. No Licencee shall change any other condition upon which the licence fee is based without
first making application following the procedure outlined in section 9, paying any additional
licence fee payable under this bylaw as a result of such changes and obtaining a new licence.
20.
Exemptions:
This Bylaw does not apply to:
a)
roadside stands;
b)
the provision of day care to no more than two unrelated children, or to the children of
one family, by a person who is not related to those children; and
c)
activities outlined in Section 655 of the Local Government Act.
Business Licence Bylaw No. 352
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21.
Classification
For the purposes of this bylaw, businesses are classified in accordance with Schedule "A" to this
bylaw.
22.
Severability
If any provision of this bylaw is held to be invalid, the invalid portion shall be severed from the
bylaw and that invalidity shall not affect the remainder of the bylaw.
23.
Schedules
Schedules "A" and "B" form part of this bylaw.
24.
Offence
Every person who violates any provision of this Bylaw commits an offence punishable on
summary conviction and shall be liable to a fine of not more than $10,000.00
25.
Repeal
a)
The "Business Licence Bylaw, 1985, No. 9" is hereby repealed and replaced by this
Bylaw.
Read a first time this
16th
day of
August
1999.
Read a second time this
7th
day of
October
2002.
Read a third time this
28th
day of
October
2002.
Finally passed and adopted by Council this
4th day of
November
2002.
______________________________________
______________________________________
Mayor
Clerk Administrator
Schedule "A"
Business Licence Bylaw No. 352
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August 2018
Page 1
Classification of Business
Reference
Table in Schedule "B"
Abattoir
AG
1 D-F
Animal - Boarding Kennel
UP/RR 3
1 D-F
- Breeding Kennel 10 dogs
Home Business in AG/UP/RU/RR2
1 D-F
- Breeding Kennel 4 dogs
Home Business in RR 1
1 D-F
- Grooming
Home Business
1 D-F
- Hospital
Commercial
1 G
Automotive Service Station
Commercial
1 C
- Repair
Home Business
1 B
Bed & Breakfast
Home Business
1 A
Campground
CR1
1 G
Community Hall
P2
2 I
Consultant - General
Home Business
1 D-F
- Lawyer
Home Business
1 D-F
Contractor Intermunicipal
Home Business, Bylaw 361
2 II
Crafts - General
Home Business
1 D-F
- Art
Home Business
1 D-F
- Framing
Home Business
1 D-F
- Photography
C1/C2
1 G
- Photography
Home Business
1 D-F
- Pottery
Home Business
1 D-F
Cuisine - General/Other
Home Business
1 D-F
- Catering
C1/C2
1 G
- Catering
Home Business
1 D-F
- Restaurant
C1/C2
1 G
Entertainment /Public Assembly
- Auditorium
C1/C2
1 G
- Billiard/Pool Hall
C1/C2
1 G
- Bowling Alley
C1/C2
1 G
Financial Institution
C1/C2
1 G
Golf Course
CR1/CR2/CR3/CR4
1 G
Hairdresser
Home Business
1 D-F
C1/C2
1 G
Health - General
Home Business
1 D-F
- Counseling
Home Business
1 D-F
- Doctor
Home Business
1 D-F
- Fitness
Home Business
1 D-F
- Naturopath
Home Business
1 D-F
- Reflexology
Home Business
1 D-F
- Rehabilitation
Home Business
1 D-F
Horticulture - General/Other
Home Business
1 D-F
- Farm
Home Business
1 A
- Garden Centre
C1/C2
1 G
- Garden Centre
Home Business
1 D-F
- Nursery
Home Business
1 D-F
Industrial
- Lumber, sawmill
M1
1 G
- Concrete Products
M2
1 G
Intermunicipal
Bylaw 361
2 II
Schedule "A"
Business Licence Bylaw No. 352
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August 2018
Page 2
Manufacture - General
Home Business
1 D-F
- Candles
Home Business
1 D-F
- Garden Furniture
Home Business
1 D-F
- Window
Home Business
1 D-F
Manufactured Home Park
CR1
1 G
Marina
CR1
1 G
Nonresident
N/A
1 G
Office
C1/C2
1 G
Home Business
1 D-F
Post Office
C1/C2
1 G
Private Club/Lodge
C1/C2
1 G
Publishing - General
Home Business
1 D-F
C1/C2
1 G
- Typesetting
Home Business
1 D-F
Realtor
C1/C2
1 G
Home Business
1 DF
Recreational Cabin
CR1
1 G
Repairs - General
Home Business
1 D-F
C1/C2
1 G
- Appliance
C1/C2
1 G
- Clocksmith
Home Business
1 D-F
C1/C2
1 G
- Computer
Home Business
1 D-F
C1/C2
1 G
- Optical
C1/C2
1 G
- Shoe
C1/C2
1 G
Retail Store
C1/C2
1 G
Riding Stable
AG/AG1
1 D-F
AG/UP/UP1/UP2/RU
1 D-F
Sales Distributorship
Home Business
1 C
Services - General
Home Business
1 D-F
- Beauty, Barber
Home Business
1 D-F
C1/C2
1 G
- Bookkeeping
Home Business
1 D-F
- Cleaning
Home Business
1 D-F
- Home Maintenance
Home Business
1 D-F
- Limousine
Home Business
1 D-F
- Moving
Home Business
1 D-F
- Security
Home Business
1 D-F
- Taxi
C1/C2
1 G
- Photography
C1/C2
1 G
Short Term Rental (Bylaw 647)
All Zones
1A
Term Commercial Sales
P2
2 I
Timber Production & Harvesting
UP2
1 G
Laundromat
C1/C2
1 G
Unclassified
Home Business
1 D-F
C1/C2
1 G
Woodwork - General
Home Business
1 D-F
- Furniture
Home Business
1 D-F
Schedule "B"
Business Licence Bylaw No. 352
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August 2018
Page 1
Maximum Fee is $500
TABLE 1
1 Employee
2 Employees
3 Employees
4 Employees
5 or More
Employees
A
Specific
Business
$35
$35
$35
$35
B
Specific
Business
$65
C
Specific
Business
$35
$65
D
Home Business
Lots < 2,000 m²
$35
$65
$65
E
Home Business
Lots 2,000 m² -
2 ha
$35
$65
$65
F
Home Business
Lots > 2 ha
$35
$65
$65
$65
G
Commercial
$35
$65
$65
$65
$85
TABLE 2
Flat Rate
I
Term
$50
II
Intermunicipal
$100