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Bylaw Notice
Enforcement
Bylaw 694, 2020
Council Procedure
Bylaw 711, 2022
Use of Public
Property
Bylaw 720, 2023
VILLAGE OF NAKUSP
Business License Bylaw No. 734, 2024
A BYLAW TO REGULATE BUSINESS THROUGH THE ISSUANCE OF BUSINESS LICENCES IN THE VILLAGE OF
NAKUSP.
Now, therefore, the Council for the Village of Nakusp, in an open meeting assembled, enacts as follows:
TITLE
1.
This bylaw may be cited as Business Licence Bylaw No. 734, 2024.
DEFINITIONS
2.
For the purpose of this bylaw, the following terms are defined:
(1)
"Applicant" means a person applying for a business licence with the Village.
(2)
"Bed and Breakfast" means a home occupation carried on in a single detached dwelling
owned and occupied by the operator which provides not more than three (3) rooms
accommodating up to six (6) transient paying guests for sleeping purposes only where
the room rate includes breakfast, which is served on the premises but does not include
Short-Term Rentals.
(3)
"Bylaw Notice Enforcement" means the current Village of Nakusp Bylaw Notice
Enforcement Bylaw as amended;
(4)
"Business" means the carrying on of a commercial or industrial undertaking of any
nature of the providing of professional, personal or other services for gain or profit
within the boundaries of the Village; however, this does not include any commerce
where the product or service is offered entirely outside the Village boundaries, the
transaction takes place virtually, and the product or service is delivered by courier, mail,
virtually, or over the phone.
(5)
"CAO" means the person appointed as the Chief Administrative Officer of the Village or
their designate;
(6)
"Community Charter" means the Community Charter [SBC 2003] Chapter 26 as
amended;
(7)
"Council" means the elected officials for the Village of Nakusp;
(8)
"Council Procedure Bylaw" means the current Village of Nakusp Council Procedure
Bylaw as amended.
(9)
"Use of Public Property Bylaw" means the current Village of Nakusp Use of Public
Property Bylaw as amended.
Fees and Charges
Bylaw 693, 2020
(10)
"Farmers Market" means a temporary, seasonal market for the sale of farm produce
and products or other local vendors, merchants, or participants to gather in one location
with more than three (3) different vendor tables.
(11)
"Fire Inspection" means the act of inspecting or reviewing fire safety measures and
equipment at or within a building or area to ensure those measures and equipment are
compliant with the BC Fire Code Regulations [act]; this is carried out by the Nakusp
Volunteer Fire Department Fire Chief or designate by the Fire Commander of BC.
(12)
"Fees and Charges Bylaw" means the current Village of Nakusp Fees and Charges Bylaw
as amended;
(13)
"Food Truck/Trailer" means a mobile unit that can be set up to prepare and sell food
and drinks;
(14)
"Home Occupation" means an occupation, service, or profession carried out in a
dwelling or accessory building where the occupation or profession is clearly incidental to
the use of a parcel for residential purposes and does not alter the residential character
of the premises.
(15)
"Licence" means the business license issued by the Village.
(16)
"Licensee" means the owner of a business or a person designated by the owner in
writing to represent the owner of the business;
(17)
"Licence Inspector" means the CAO or the person designated by the CAO to administer
the provisions of this bylaw;
(18)
"Local Government Act" means the Local Government Act [RSBC 2015] Chapter 1 as
amended;
(19)
"Mobile Food Cart" means a cart that attaches behind a bike, pushed like a
wheelbarrow or self-propelled concession for the sale of food or drinks;
(20)
"Mobile Vendor" means a business that is carried out entirely in a mobile unit (vehicle,
trailer, pushcart, or self-propelled concession) where the stocked items being offered
for sale are carried and contained in the mobile unit but does not include Mobile Food
Cart or Food Truck/Trailer.
(21)
"Multiple Uses on One Property" means a business venture with more than one
complimentary business venture on one property, such as a hotel, restaurant, and cold
beer store, but does not include businesses operating from the same premises that offer
unrelated services.
(22)
"Mushroom Buyer" means a seasonal business venture that purchases mushrooms from
mushroom pickers.
(23)
"New Business" means a business that has not held a valid business licence for the
previous twelve (12) months.
(24)
"Premises" means a building, a portion of a building or an area of land where business is
carried on;
(25)
"Professional Office" means an office for occupations including accountants, architects,
barristers and solicitors, chiropractors, dentists, ecologists, engineers, financial
consultants, foresters, massage therapists, naturopathic physicians, notaries,
optometrists, osteopaths, pharmacists, physicians and surgeons, psychiatrists,
physiotherapists, podiatrists, psychologists, surveyors, and veterinarians.
(26)
"Short-Term Rental" means the rental of a dwelling unit to paying guests for periods not
exceeding thirty (30) days.
(27)
"Youth" means any person aged 18 and under.
(28)
"Village" means the Corporation of the Village of Nakusp;
(29)
"Village Office" means the Village of Nakusp Office located at 91 1st Street, Nakusp, BC;
(30)
"Village Website" means the Village of Nakusp website, www.nakusp.com;
(31)
"Zoning Bylaw" means the current Village of Nakusp Zoning Bylaw as amended.
LICENCE REQUIREMENTS
3.
(1)
A person applying for a business licence must apply in writing, using the application
available at the Village Office or on the Village Website.
(2)
A person who carries out business transactions within the Village must apply for, obtain,
and hold a valid licence for each business.
(3)
A business licence is not required for a performance, concert, exhibition or
entertainment in which the entire proceeds, above actual expenses, are devoted to a
local not-for-profit society.
(4)
A person operating more than one business must have a business licence for each
business, and the business name must match the business licence it is operating as.
(5)
All business ventures owned and operated entirely by youth must submit a business
licence application and applicable documentation despite the licence being free.
(6)
A business may be exempt from the requirements of this bylaw by a Federal or
Provincial Act or Regulation.
LICENCE APPLICATION AND ISSUANCE
4.
(1)
An application for a licence must be signed by the owner of the Business or the
Zoning Bylaw
729, 2023
owner's agent duly authorized in writing.
(2)
A licence must state:
a)
the name of the licensee;
b)
the name of the business;
c)
the classification of the business; and,
d)
the location of the business premises.
(3)
A licence is only valid when it has been issued by the Licence Inspector and the licence
fee prescribed in the Fees and Charges Bylaw has been paid.
(4)
A person must not provide false information respecting the nature and address of the
business, the number of persons engaged or occupied in the business, or any other
information that the Licence Inspector may require to classify the business or calculate
the licence fee.
(5)
A Business must display the licence at all times in an area clearly visible upon entrance
of the premises or otherwise designated by the Licence Inspector.
(6)
Notwithstanding section 4.5, a Farmers' Market is not required to display the business
licence.
(7)
A license is valid from the day issued until December 31st of that year.
(8)
Notwithstanding section 3.4, a business operating with Multiple Uses on One Property
that complement each other are subject to the highest business licence fee for their
business plus a reduced rate for each complementary business as provided in the Fees
and Charges Bylaw.
(9)
The CAO has sole discretion in determining what constitutes a complementary business
in the context of Multiple Uses on One Property.
PRO-RATING OF LICENCE FEES
5.
(1)
The licence fee prescribed in the Fees and Charges Bylaw may be reduced by 50% for
that calendar year for a person who begins a New Business after July 31st.
(2)
A person operating a New Business before the 31st day of July and failing to apply for a
licence until after the 31st day of July in that year is liable for the full fee prescribed for
that type of business in the Fees and Chargers Bylaw.
(3)
Notwithstanding section 5.1, there is no pro-rated licence fee for businesses that
operate on a seasonal or monthly basis, and no pro-rated licence fee is provided for 90-
day Short Term Rental operations in C1 and LD-1 Zones, as described in the Zoning
Bylaw.
LICENCE RENEWALS
6.
(1)
The Village sends out business licence renewal notices to all existing
Businesses operating in that calendar year for the upcoming year.
(2)
All Business Licences renewed under this bylaw must pay the annual licence fee as
prescribed in the Fees and Charges Bylaw on or before the last business day in February.
(3)
All Business Licence renewals paid in full by December 31st are eligible for a discount as
prescribed in the Fees and Charges Bylaw for Business Licences of one hundred dollars
($100.00) value or more.
LICENCE CHANGES AND TRANSFERS
7.
(1)
A licensee must notify the Village by December 31st if a license is no longer required for
the upcoming year.
(2)
A licence granted under this bylaw may not be transferred to another person.
(3)
A person must notify the Village of any change of premises, address, or contact
information for the business and obtain an updated business licence.
(4)
A licence transfer may be refused by the Licence Inspector where the premises to which
the applicant wishes to transfer the licence do not comply with the requirements of
Village bylaws regulating building, zoning, or sanitation.
(5)
Where a business has been sold, the new owner must obtain a new business licence
before commencing operation.
LICENCE REFUSAL, SUSPENSION AND CANCELLATION
8.
(1)
The Licence Inspector may refuse, suspend or cancel a business licence for:
a)
failure by a licensee to comply with a term or condition of the licence;
and,
b)
failure by a licensee to comply with Village bylaw, provincial or federal
laws and regulations;
provided that the Licence Inspector has, before the suspension or cancellation, given the
licensee seven (7) days notice of the proposed suspension or cancellation.
(2)
The Licence Inspector must provide written notice to the applicant or licensee of their
decision to refuse, suspend or cancel the business licence.
(3)
The notice provided in 8.2 must be sent by registered mail to the address listed on the
licensee's application for a business licence.
(4)
A person must not operate a business while a licence is suspended or cancelled.
COUNCIL RECONSIDERATION OF REFUSAL, SUSPENSION OR CANCELLATION OF
LICENCE
9.
(1)
When a Licence Inspector exercises their authority to refuse, suspend, or cancel
a licence, a person is entitled to have Council reconsider the matter.
(2)
A person requesting Council to reconsider the refusal, suspension or cancellation of a
licence must provide written notice to the Licence Inspector within ten (10) business
days of the postmark indicating the date the letter pursuant to section 8(1) was sent.
(3)
A request for Council's reconsideration must concisely state the grounds for the appeal.
(4)
The decision of a Licence Inspector must be reconsidered during the next regular Council
meeting, as set out in the Council Procedure Bylaw.
LICENCE INSPECTOR
10.
(1)
The Licence Inspector may enter, at all reasonable times on any premises subject to this
bylaw to ascertain whether this bylaw is being observed.
VEHICLES FOR HIRE
11.
(1)
The Applicant must provide National Safety Code number, Passenger Transportation
Licence and completed Vehicle Safety Inspection per vehicle for hire on initial business
licence application.
(2)
Upon business licence renewal, the Applicant must provide a copy of the annual ICBC
insurance policy per vehicle for hire.
(3)
Each ICBC insurance policy per vehicle for hire must match the name on the business
licence.
FARMERS' MARKET
12.
(1)
A Farmers' Market must meet the Use of Public Property Bylaw requirements.
(2)
A Farmers' Market must provide a traffic plan with the licence application and upon
renewal.
(3)
A licence for a Farmers' Market can be revoked if any of its vendors are in contravention
of any provision of Provincial or Federal laws or Village Bylaws.
MOBILE VENDORS ON PRIVATE PROPERTY
13.
(1)
A private property owner must not allow more than one (1) Mobile Vendor to operate
simultaneously on a parcel of private property.
(2)
A private property owner must ensure that the Mobile Vendor operating on their
property adheres to the Business Licence Bylaw provisions.
(3)
A Mobile Vendor must be entirely within the property lines of the private property and
adhere to any setbacks established for that zone within the Zoning Bylaw.
(4)
A Mobile Vendor must not operate on a property other than a property zoned for
commercial use unless the Village has issued a Temporary Use Permit allowing
commercial use on that property and the permit is valid.
(5)
An applicant must submit to the Village the following documentation with a business
licence application and payment of the associated fee as found in the Fees and Charges
Bylaw:
(a)
The Vendor's name and nature of the business;
(b)
The day(s) and times the mobile vendor will be operating;
(c)
A site map of the property, to the satisfaction of the Village, providing
measurements between property lines, existing buildings, and the
proposed location of the vendor;
(d)
A Temporary Use Permit for Mobile Vendors intending to operate on
private property not zoned for commercial use; and,
(e)
A letter from the private property owner authorizing the Mobile Vendor
to operate on the property.
FOOD TRUCK/TRAILER
14.
(1)
All applicants must follow regulations outlined in the current Use of Public Property
Bylaw.
(2)
All Food Truck/Trailer applicants must provide approved documentation from the Use of
Public Property with the business licence application.
(3)
A person operating a Food Truck/Trailer on Private Property, the applicant is subject to
the provisions found in section 13 of this bylaw.
MOBILE FOOD CART
15.
(1)
All applicants must follow the regulation outlined in the current Use of Public Property
Bylaw.
(2)
All Mobile Food Cart applicants must provide approved documentation from the Use of
Public Property with the business licence application.
SHORT-TERM RENTAL & BED AND BREAKFASTS
16.
(1)
A person must obtain a valid Business Licence to operate a Short-Term Rental.
(2)
A person operating a Short-Term Rental in a C1 or LD1 Zone of the Zoning Bylaw must
provide the 90 days for which their Short-Term Rental will be available on the business
licence application.
(3)
A person operating a Short-Term Rental must abide by the rules and regulations
provided within the Zoning Bylaw.
(4)
A person operating a Short-Term Rental must post an image of the valid business licence
issued by the Village on the person's means of advertisement and booking platform,
including but not limited to Airbnb, VRBO, and Booking.com.
(5)
A person carrying on a Bed and Breakfast business must meet the Zoning Bylaw
requirements and obtain a valid business licence.
HOME OCCUPATION BUSINESSES
17.
(1)
An Applicant who carries on a Home Occupation business must meet Zoning Bylaw
Requirements and obtain a Business Licence.
MUSHROOM BUYERS
18.
(1)
A person operating a seasonal mushroom-buying business must operate on private
property and is subject to the provisions found within section 13 of this bylaw.
(2)
A person operating a Mushroom Buyer business must not sell anything.
FIRE INSPECTIONS
19.
(1)
Every new business must have a Fire Inspection completed within the first year of
business unless an earlier inspection is required by the BC Fire Service Act [RBC 1996] as
amended.
(2)
The following existing businesses must have a Fire Inspection completed each year; no
later than June 30th:
(a)
Apartments;
(b)
Hotel/Motel;
(c)
Restaurants/Lounges/Pubs; and,
(d)
Short-Term Rentals.
(3)
Notwithstanding the businesses listed in section 19.2, all other businesses must have a
Fire Inspection completed every two (2) years.
VIOLATION AND PENALTY
20.
(1)
A person who violates any provisions of this bylaw or who suffers or permits any act
or thing to be done in contravention of this bylaw, or who neglects to do or refrains
from doing any act or thing required by any of the provisions of this bylaw, commits an
offence punishable on summary conviction.
(2)
A person who violates any provision of this bylaw and commits an offence punishable by
summary conviction may be liable to a fine in the Bylaw Notice Enforcement Bylaw.
(3)
Each day the offence is continued may be considered a separate offence under this
bylaw.
FEE SCHEDULE
21.
(1)
The prescribed fees are included in the Fees and Charges bylaw and are enforceable to
this bylaw.
GENERAL PROVISIONS
22.
(1)
Business Licence Bylaw No. 715, 2023 and all amending bylaws are hereby repealed.
SEVERABILITY
23.
(1)
If any part, section, sub-section clause or sub-clause of this bylaw is, for any reason, held
to be invalid by the decision of a Court of competent jurisdiction, such decision does not
affect the validity of the remaining portions of this bylaw.
READ A FIRST TIME THIS 22 DAY OF April 2024.
READ A SECOND TIME THIS 22 DAY OF April 2024.
READ A THIRD TIME THIS 22 DAY OF April 2024.
ADOPTED THIS 13 DAY OF May 2024.
_________________________
_________________________
Mayor
Chief Administrative Officer