This is the exact embedded text of the captured official document.
Snapshot 11d19ae7a6ef · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
"Business Licence Bylaw 2021 No. 7318"
Consolidated Version
2026-MAR-02
Includes Amendment: 7318.01, 7318.02, 7318.03
Bylaw 7318 - Consolidated Version
Page 1
CITY OF NANAIMO
BYLAW NO. 7318
A BYLAW RESPECTING BUSINESS LICENCES
Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS:
1.
TITLE
This Bylaw may be cited for all purposes as "Business Licence Bylaw 2021 No. 7318".
2.
INTERPRETATION
In this Bylaw:
"Business"
means carrying on a commercial or industrial undertaking
of any kind or providing professional, personal or other
services for the purpose of gain or profit, but does not
include an activity carried on by the government, its
agencies or government-owned corporations.
"Business Entity"
means a sole proprietorship, partnership, cooperative or
limited company.
"Campground"
means a site intended for the temporary accommodation
of travelers for vacation or recreational purposes in
recreational vehicles or tents which are not occupied as
principal residences.
"City"
means the City of Nanaimo.
"City Licence"
means a business licence issued by the Licence Inspector
for operating a Business in or from a premises within the
City.
"Commercial Landlord"
(Bylaw 7318.03)
means a person who owns any premises within City
boundaries and leases, lets or rents such premises to any
other person or Business Entity for the purpose of
operating a Business.
"Council"
means the municipal Council of the City.
"Escort Service"
means a Business which provides persons as escorts for
social, business, cultural or recreational occasions, but
does not mean a person providing assistance to another
person because of that person's age or disability.
Bylaw 7318 - Consolidated Version
Page 2
"Flea Market/Craft Sale"
means a market where one or more persons sell or offer
for sale crafts, handicrafts, or used goods, wares,
merchandise or other items from individual booths or
tables.
"Food Cart" (Bylaw 7318.03)
means a compact, mobile vending unit from which food
and/or drink is dispensed. It is hand-propelled or bicycle-
propelled, either manually or with an electric motor. The
entire stock of goods must be contained within the cart. It
is easily portable and can be relocated without the use of
a vehicle. It is distinct from Food Trailers (self-contained),
Food Trailers (unenclosed) and Food Trucks.
"Food Trailer
(self-contained)"
(Bylaw 7318.03)
means a portable, self-contained mobile vending unit
equipped to cook, prepare and/or serve food or beverages
and which fully encloses the operator. It is distinct from
Food Carts, Food Trailers (unenclosed) and Food Trucks.
"Food Trailer (unenclosed)"
(Bylaw 7318.03)
means a portable mobile vending unit equipped to cook,
prepare, and/or serve food or beverages but does not
enclose the operator. It requires vehicle transport and is
designed for stationary service. It is distinct from Food
Carts, Food Trailers (self-contained) and Food Trucks.
"Food Truck" (Bylaw 7318.03)
means a motorized self-contained mobile vending unit that
is equipped to cook, prepare and/or serve food or
beverages. It is distinct from Food Carts, Food Trailers
(self-contained), Food Trailers (unenclosed) and Food
Carts.
"Food Service Business"
means a Business primarily engaged in the sale of food
and beverages for immediate public consumption on the
premises of the Food Service Business.
"Hours of Operation"
means the hours that the Business is open for the public.
"Inter-Community Business
Licence"
means a business licence issued for the purpose of
conducting Business in a municipality that participates in
the inter-community business licence program as
described in the Inter-Community Business Licence
Bylaw.
"Licence Inspector" or
"Inspector"
means a person appointed as Licence Inspector or Deputy
Licence Inspector by City Council.
"Liquor-Primary
Establishment"
means a Business licensed under the Liquor Control and
Licensing Act of British Columbia where the service of
liquor is the primary focus of the Business.
"Mobile Business"
means a Business that performs or provides a service or
activity by moving from client to client within the City, but
does not include operating in another municipality.
Bylaw 7318 - Consolidated Version
Page 3
"Mobile Food Vending"
(Bylaw 7318.03)
means the operation of a Food Service Business from a
Food Cart, Food Trailer (self-contained), Food Trailer
(unenclosed) or Food Truck.
"Non-Profit"
means an organization registered as a legal entity under
Provincial or Federal legislation whose constitutional
purposes do not include gain or profit.
"Non-Resident Business"
means a Business, other than a Business carried on, in or
from premises within the City, that is carried on in the City
or with respect to which any work or service is performed
in the City.
"Retail"
means a Business where goods, wares, merchandise,
substances, articles or things are offered or kept for sale
or rental to the public.
"Short-Term Rental"
means an accommodation provided to members of the
public in a short-term rental operator's primary residence,
in exchange for money, for a period of less than 30
consecutive days. The accommodation may include the
rental of an entire dwelling unit or bedrooms, with or
without the provision of breakfast served on the property.
(Bylaw 7318.02)
"Short-Term Rental
Operator"
means the person(s) responsible for advertising and
arranging the short-term rental accommodation and who
is also the business licence licensee and the primary
resident. (Bylaw 7318.02)
"Special Event"
means an event such as a concert, performance, festival,
exhibition, trade show or similar business activity operating
for 5 or fewer consecutive days.
2.2
Except as otherwise provided in this Bylaw, words and phrases used herein have
the same meanings as in the Community Charter, Local Government Act and
Interpretation Act, as the context and circumstances may require. Every reference
to a statute in this Bylaw refers to a statute of the Province of British Columbia and
every reference to a statute, regulation or bylaw refers to that enactment as
amended or replaced from time to time.
2.3
If any section, subsection, paragraph or subparagraph of this Bylaw is declared
invalid by a court of competent jurisdiction, then the section, subsection, paragraph
or subparagraph, as applicable, shall be severed from the Bylaw without affecting
the remainder of the Bylaw.
3
BUSINESS LICENCE REQUIRED (Bylaw 7318.02)
3.1
A person, including without limitation a non-profit, must not carry on any business
in the City without first obtaining either a city licence or a business licence issued
by another Vancouver Island municipality to which the Inter-community business
licence has been added.
Bylaw 7318 - Consolidated Version
Page 4
3.1.1 Despite any other provision in this Bylaw, a business licence is not required
for a non-profit if the business activity is carried on 12 or fewer days in a
calendar year and all profit is dedicated to further the purposes of the
association.
3.1.2 Despite any other provision in this Bylaw, a business licence is not required
for special events held within City-owned facilities or parks where the event
holder has entered into a contractual agreement with Parks, Recreation
and Culture to hold the event. (Bylaw 7318.03)
3.2
A short-term rental operator must not operate or advertise a short-term rental
unless a business licence has been issued.
3.3
A separate City licence is required for each location where a business operates
within the City.
3.3.1 For certainty, a commercial landlord must obtain a City licence for each
building or groups of buildings identified by a separate property folio
number. (Bylaw 7318.03)
3.3.2 Notwithstanding Section 3.3, an operator of a mobile food vending unit is
only required to obtain one City licence per vending unit in operation.
3.4
A separate business licence is required for each different business type as defined
by the North American Industry Code Standards (NAICS) or where a business
offers, provides or introduces activities or services that differ substantially from
that which was originally approved in the business licence.
3.5
Every person who owns or operates a business within the City must comply with
this Bylaw, the City of Nanaimo Zoning Bylaw and other applicable bylaws, and
with any and all terms, conditions, restrictions and limits of the required business
licence.
3.6
A business licence issued under this Bylaw must not be construed as a
representation by the City to the licence holder that the business or proposed
Business complies with any or all applicable bylaws or other enactments. It is the
sole responsibility of the licence holder to ensure compliance with City bylaws and
other standards, regulations and enactments.
3.7
A business licence issued under this Bylaw must not be construed as a
representation by the City to patrons, consumers or members of the public that in
issuing a business licence, the business or proposed business complies with any
or all applicable bylaws or other enactments.
4
BUSINESS LICENCE APPLICATION
4.1
A person applying for a business licence must submit an application to the Licence
Inspector, providing complete, accurate and current information as required, on a
form prescribed by the City. (Bylaw 7318.03)
Bylaw 7318 - Consolidated Version
Page 5
4.2
Every application, other than for a Non-Resident Business, a Special Event or a
Mobile Food Vending business, must include a detailed description of the premises
in or upon which the applicant intends to carry on Business.
4.3
Every application for a business licence must include the following information:
(a)
the full name and contact information of the applicant;
(b)
the type and description of the Business, and related activities;
(c)
the relationship of the applicant to the Business;
(d)
the trade or operating name of the Business;
(e)
if incorporated, the corporate name, address of its registered and records
office, business telephone number and name of a corporate officer or
manager who may be contacted;
(f)
any Provincial or Federal enactments that apply to the Business, and
whether applicable approvals under those enactments have been
obtained;
(g)
proposed date of commencement and times of operation; and must provide
documentation of the above information at the request of the Licence
Inspector.
4.4
When the issuance of a licence requires insurance coverage, proof of that
insurance coverage in a form acceptable to the Licence Inspector must be
submitted prior to the issuance of the licence.
4.5
If requested by the Inspector, the applicant must, at the expense of the applicant,
undergo a criminal record search by a police force, or provide for the Licence
Inspector to access records in the possession of the police, about the Business or
its directors or operators that may be relevant to lawful operation of the Business.
4.6
No person shall knowingly submit false or misleading information or documents
in support of a business licence application for the purpose of obtaining a
business licence. (Bylaw 7318.02)
5
BUSINESS LICENCE FEES
5.1
Business licence fees as established in the City's Fees and Charges Bylaw shall
be paid in full to the City by the applicant prior to the issuance of the business
licence. (Bylaw 7318.03)
5.2
Business licence fees for new businesses starting after the first, second, and third
quarter periods of a business licensing period shall be pro-rated accordingly,
except
(a)
temporary, Special Event and Mobile Food Vending businesses are not
eligible for prorated fees.
Bylaw 7318 - Consolidated Version
Page 6
(b)
businesses that have closed and re-opened under the same business
name and ownership are not eligible for prorated fees, regardless of how
long the Business was not operating.
5.3
A business licence is not valid until it has been issued by the Licence Inspector
and the licence fee has been paid.
6
REFUNDS
6.1
The City will refund business licence fees in full only where a business licence
application is refused by the City.
6.2
Business licence fees are not refundable after the licence has been issued.
7
TERM OF A LICENCE
7.1
Regardless of the date it is issued, a business licence is valid for a calendar year
and expires on the 31st day of December in each year except as indicated on the
licence for a Business that is operated as a Special Event or on a temporary basis
for 30 days or less.
8
CHANGE OF LICENCE
8.1
A licence holder must not change or operate in contravention to any condition upon
which the business licence was originally issued, including the type or nature of
the Business, goods or services provided, or business location, without first making
an application and obtaining a new licence.
8.1.1 Despite Section 8.1, mobile food vendors, except for those located on
private property, are not required to advise the Licence Inspector of a
change in location.
8.2
A business licence is deemed to belong to the person to whom the licence was
issued, and must not be transferred to any other person.
8.3
A licence holder must notify the City in writing of any change to information
provided on the business licence application form.
9
BUSINESS LICENCE RENEWAL
9.1
Each business operator whose business activity is intended to or does continue in
the year following issuance of their business licence must ensure that their
business licence is renewed annually by December 31st, whether notice is given
by the City or not, and the business operator must pay the annual renewal fee as
set out in the City's Fees and Charges Bylaw.
9.2
If a licence is not renewed as required by this Bylaw, the licence shall be terminated
and the licencee who wishes to continue to carry on the Business shall submit an
application form and supporting documentation in the same manner as an
application for an initial licence.
Bylaw 7318 - Consolidated Version
Page 7
9.3
Business licence applications received as a result of the licence being terminated
shall not be eligible for the prorated rate as laid out in Section 5.2 and shall pay
any outstanding fees before the licence is reinstated.
10
AUTHORITY
10.1
The Licence Inspector may issue, suspend or cancel a business licence.
10.2 In accordance with Section 16 of the Community Charter, the Licence Inspector, a
bylaw enforcement officer or other person employed by the City and designated
by the Inspector may enter onto and into property to inspect and determine
whether all regulations, prohibitions, and requirements established by this Bylaw
are being met, and as the Inspector considers warranted, may be accompanied
and assisted by a police officer, a public health official, a member of the City's Fire
Department, a building inspector, or a person who, in the opinion of the Inspector,
has the knowledge, skill or expertise relevant to making a determination as to
matters pertaining to the Business at issue.
10.3
The Licence Inspector may require confirmation or approval, in a form satisfactory
to the Licence Inspector, that the Business will be operated in a safe and lawful
manner from any or all of the following:
(a) a public health official,
(b) the Royal Canadian Mounted Police,
(c) officials of the City's Fire, Building Inspections or Planning departments
respecting a business licence application or operation, and in such cases,
Licence Inspector may refuse to issue the business licence until such
confirmation or approvals are received from those officials.
11
REFUSAL, SUSPENSION OR CANCELLATION OF BUSINESS LICENCE
11.1
The Licence Inspector may refuse to issue a business licence in any specific case,
provided that a business licence shall not be unreasonably refused.
11.2 The Licence Inspector may suspend or cancel a licence for reasonable cause
including, but not limited to, failure to comply with a term or condition of a business
licence or failure to comply with this or any other City bylaw or other enactment
applicable to the operation of the Business.
11.3
In the case of refusal, suspension or cancellation of a business licence by the
Licence Inspector, the Licence Inspector will advise the applicant or licence holder
of the right to reconsideration by Council, and on request, will provide written
reasons for the decision to refuse, suspend or cancel the licence.
11.4
A person must not carry on a Business for which a business licence is required by
this bylaw during a period of suspension of such business licence of if the licence
has been cancelled.
Bylaw 7318 - Consolidated Version
Page 8
12
APPEAL OF DECISION OF LICENCE INSPECTOR (Bylaw 7318.01)
12.1
Any person who has been refused a licence, or whose licence has been
suspended or cancelled may arrange for Council to reconsider the decision by
giving written notice of appeal to the Corporate Officer as outlined in the "Appeals
Procedure Bylaw, 2022 No. 7354" as amended from time to time.
12.2
The person subject to Council's decision must comply with any terms, restrictions
and requirements imposed by Council.
13
POSTING LICENCE
13.1
A licence holder shall post and keep continuously displayed the licence issued
under this Bylaw in a conspicuous area of the premises to which the public has
access or in another area designated by the Licence Inspector.
13.1.1 Notwithstanding 13.1, a business licence issued for a mobile-only business
must be made available to a Bylaw Enforcement Officer if requested and
may be in the form of an electronic copy. (Bylaw 7318.02)
13.2
A business licence issued for the purpose of operating a short-term rental must be
kept posted in the designated and approved guest room or unit or where it can be
viewed by short-term rental guests during their stay. (Bylaw 7318.02)
13.3
The short-term rental business licence account number must be displayed on all
short-term rental platform advertising. (Bylaw 7318.02)
13.4
Despite Section 13.1.3, a short-term rental business licence account number must
not be displayed until the business licence fee has been paid and the Licence
Inspector has issued the licence. (Bylaw 7318.02)
14
OFFENCE AND PENALTY
14.1
Every person who:
(a)
contravenes or violates any of the provisions of this Bylaw,
(b)
causes, suffers or allows any act of thing to be done in contravention or in
violation of any of the provisions of this Bylaw,
(c)
neglects or refrains from doing anything required to be done under this
Bylaw, or a licence issued under this Bylaw, commits an offence, and each
day that the offence continues amounts to a separate offence.
14.2
On being found guilty of an offence, a person is liable to pay:
(a)
if a proceeding is brought under the Offence Act, a fine not exceeding
$50,000, the costs incurred by the City in investigating and prosecuting,
and compensation for any damage or loss sustained by the City or other
person because of the commission of the offence, as may be ordered by
the Provincial Court; or
Bylaw 7318 - Consolidated Version
Page 9
(b)
if issued a bylaw notice under the Bylaw Notice Enforcement Bylaw 2012
No. 7159, the person is liable to pay the maximum penalty set out in that
bylaw and an applicable administration fee as authorized under the Local
Government Bylaw Notice Enforcement Act.
15
SCHEDULES
15.1
Schedules A, B, C, and D to this Bylaw form part of and are enforceable in the
same manner as this Bylaw. (Bylaw 7318.03)
16
REPEAL
"Business Licence Bylaw 1998 No. 5351" and all amendments thereto are repealed upon
adoption of this Bylaw.
17.
EFFECTIVE DATE
This Bylaw comes into force on January 1, 2022.
PASSED FIRST READING: 2021-OCT-04
PASSED SECOND READING: 2021-OCT-04
PASSED THIRD READING: 2021-OCT-04
Notice of intention to proceed with this Bylaw was published on this 20th day of October, 2021,
and 27th day of October, 2021, in the Nanaimo News Bulletin newspaper, circulating in the City of
Nanaimo pursuant to Section 59 (2) of the Community Charter.
ADOPTED: 2021-NOV-01
Bylaw 7318 - Consolidated Version
Page 10
(Bylaw 7318.03)
SCHEDULE A
SPECIFIC BUSINESS REGULATIONS
1.
Accommodation and Food Services
No Business Entity shall sell, offer for trade, sale or distribution, shark fins or their
derivative within the City.
2.
Adult Store
(a)
No person carrying on the business of an adult entertainment store shall permit
any person to be on the premises at any time unless such a person is deemed to
have reached the age of majority.
(b)
No person carrying on the business of an adult entertainment store shall exhibit or
permit to be exhibited any graphic sexual material or sex paraphernalia that is
visible from the outside of the premises.
3.
Blasting Contractor
Every Business Entity carrying out activities involving the use of explosives shall provide
the Licence Inspector with a certified copy of:
(a)
Liability insurance coverage in the amount of $2,000,000; and
(b)
Worker's Compensation Board certification.
4.
Campgrounds
Every Business Entity that carries on a campground business must maintain a register
that is kept onsite, updated daily and shall be made available to the Licence Inspector and
BC Assessment Authority personnel for inspection, immediately upon request. The
register must provide:
(a)
the make, model, year and vehicle licence plate number of any recreational vehicle
located within the campground;
(b)
the site or location assigned to the recreational vehicle or tent;
(c)
the name and home address of the person who brought the recreational vehicle or
tent to the campground; and
(d)
the date the recreational vehicle or tent first entered the campground and every
date thereafter that the recreational vehicle or tent was located within the
campground.
5.
Cannabis - Cultivation, Processing, Testing, Research
(a)
Every Business Entity that carries on business pertaining to cannabis cultivation,
processing, analytical testing or research must provide proof that the operation is
approved by Health Canada before a business licence can be issued.
(b)
Every Business Entity that carries on business pertaining to cannabis research and
if said business relocates after a business licence has been issued, must provide
proof that Health Canada has approved the new business location.
Bylaw 7318 - Consolidated Version
Page 11
(c)
Every Business Entity that carries on business pertaining to cannabis research and
remains operating after five years, must provide proof that Health Canada has
renewed its research licence.
6.
Commercial Landlord
As a condition of continuing to hold a business licence in respect of carrying on business
as a Commercial Landlord, no business licence holder or operator shall permit a
commercial tenant or renter to carry on business on the same business premises without
the tenant or renter holding a valid business licence.
7.
Contractors and Developers
A building/construction contractor or land developer shall supply to the Licence Inspector
a written list of the names, addresses and telephone numbers of the sub trades in the form
prescribed in Schedule 'B' to this bylaw.
8.
Escort Service
A person carrying on the business of operating an escort service must not:
(a)
employ any persons under the age of 19 years of age; or
(b)
make any reference to specific sexual activity in any advertisement.
9.
Garage Sales
A person may hold up to three garage sales in a calendar year without having to obtain a
business licence.
10.
Liquor-Primary Establishment
A person operating a business that is required to be licensed as a Liquor-Primary
Establishment is required to adhere to the following:
(a)
Patron behaviour control, both inside and outside a licensed establishment,
including but not limited to:
1. Orderly entrance and disbursal
2. Noise
3. Vandalism
4. Unlawful activities
5. Nuisance behaviour.
(b)
Safety and security of patrons and the public both inside and outside the licensed
establishment, including but not limited to:
1. Patron screening and door control
2. Provision of security staff and monitoring conduct of patrons
3. Full cooperation with the RCMP and City staff in the performance of their duties
and in resolving concerns related to the establishment that may arise
4. The wearing of identification nameplates by on-duty staff and asking the list
available to the RCMP and City staff upon request.
Bylaw 7318 - Consolidated Version
Page 12
(c)
Responsible service of alcoholic beverages including but not limited to:
1. Over-service of patrons
2. Patron capacity
3. Price reductions and promotions
4. Free telephone available for making transportation arrangements
5. Designated Driver Program, including the sale of non-alcoholic beverages.
(d)
Condition of premises and nearby surrounding area including but not limited to:
1. Exterior condition and appearance of premises
2. Inspection and cleanup of litter.
(e)
Entertainment
1. Stripping and exotic dancing are only permitted in establishments that are
zoned for this activity
2. When permitted, advertising must not be offensive to the general community.
(f)
Good Neighbour Agreement
1. A Good Neighbour Agreement substantially in the form set out in Schedule 'C'
of this bylaw may be required and, when signed by the Licence Inspector, the
Agreement will become a condition of the business licence.
11.
Mobile Food Vending
(a)
A person intending to carry on a Mobile Food Vending business within the City
must first obtain and maintain a valid Mobile Food Vending licence for each Mobile
Food Vending unit in operation.
(b)
An applicant for a Mobile Food Vending licence must submit documentation, as
outlined in the Mobile Food Vending Operator's Guidebook, demonstrating that all
required permissions, licences and approvals have been secured and all
applicable regulations have been satisfied.
(c)
Before beginning operations on private property, a Mobile Food Vending business
operator must provide the Licence Inspector with written permission from the
property owner authorizing the vendor to operate at that location.
(d)
A person must not operate a Mobile Food Vending business on public property
except at a location designated and listed in the Mobile Food Vending Operator's
Guidebook, as amended from time to time.
1. New City park and public spaces mobile food vending locations shall be
approved by the Director of Parks, Recreation and Culture.
(e)
A person must not operate a Mobile Food Vending business on City streets except
at a location designated and listed in the Mobile Food Vending Operator's
Guidebook, as amended from time to time.
1. New on-street mobile food vending locations shall be approved by the Director
of Engineering.
(f)
Vendors must remain in attendance at the Mobile Food Vending unit at all times
during its operation.
Bylaw 7318 - Consolidated Version
Page 13
(g)
Overnight parking of the Mobile Food Vending unit on public property is prohibited.
(h)
Service windows shall be oriented towards the sidewalk; service windows that face
the street are not permitted.
(i)
In on-street locations, sign boards are to be placed against the Food Truck or Food
Trailer. Obstructing vehicles or pedestrians is not permitted.
12.
Retail
The operator of a business where goods, wares, merchandise, substances, articles or
things are offered or kept for sale or rental to the public on a Retail basis must adhere to
the following:
(a)
The Hours of Operation of all Retail businesses within the area shaded on
Schedule 'D' are restricted to the hours between 6:00 a.m. and 11:00 p.m.
(b)
Despite paragraph (a), a Retail business may extend its Hours of Operation
beyond the restricted times from midnight on the first day until 6:00 a.m. the
following day on two occasions during each calendar year.
(c)
Despite paragraph (a), restricted hours do not apply to a Food Service Business
or a pub.
13.
Security Services
As a condition of issuance of a business licence in respect of carrying on the business of
watching, guarding or patrolling for the protection of persons or property, or as a private
detective, the Licence Inspector may require each person involved in the business to:
(a)
hold a licence as set out in the Security Services Act; and
(b)
provide confirmation of a satisfactory criminal record check.
14.
Special Events
(a)
A person intending to hold a Special Event must obtain a Special Event City
Licence for the location where the Special Event is to be held or conducted.
(b)
A business licence for each user or occupier is not required if the organizer of the
Special Event holds a valid business licence for that location.
(c)
If the applicant for a Special Event licence is a registered charitable organization,
the licence fee is waived.
Bylaw 7318
Page 14
SCHEDULE B
SUB-TRADE LIST
GENERAL CONTRACTOR:
BUSINESS LICENCE NO.:
SITE ADDRESS:
BUILDING PERMIT NO.:
SUB-TRADE
TRADE NAME
OWNER'S NAME
ADDRESS
PHONE #
Excavating
Concrete / forms
Framing
Roofing
Doors and windows
Insulation
Electrical
Plumbing
Drywall
Painting
Heating & air conditioning
Flooring
Mechanical equipment
installation
Landscaping
Masonry / bricklaying
Metalwork
Exterior finishing
Bylaw 7318
Page 15
SCHEDULE C
CITY OF NANAIMO
GOOD NEIGHBOUR AGREEMENT
WHEREAS the City of Nanaimo ("the City"), the RCMP Nanaimo Detachment ("the
RCMP") and the Owners of
("the
Licensed
Establishment") (collectively "the Parties") recognize that liquor-licensed establishments have a
civic responsibility, beyond the requirements of the Liquor Control and Licensing Act, to control
the conduct of their patrons; and
WHEREAS the Licensed Establishment wishes to demonstrate to the citizens of Nanaimo
its desire to be a responsible corporate citizen; and
WHEREAS the Parties wish to promote Nanaimo as a vibrant, safe and attractive
community for the enjoyment of everyone, including residents, visitors, businesses and their
workers;
NOW THEREFORE the Licensed Establishment agrees with the City and the RCMP to
enter into this Good Neighbour Agreement, the terms and conditions of which follow:
Noise and Disorder
1.
The Licensed Establishment shall undertake to ensure that noise emissions from the
Establishment do not disturb surrounding residential developments, businesses and
neighbourhoods, as provided by the City of Nanaimo Noise Control Bylaw.
2.
The Licensed Establishment shall undertake to monitor and promote the orderly conduct
of patrons immediately outside of the Establishment, particularly those congregating
outside during open hours, as well as at closing time, and to discourage patrons from
engaging in behaviour that may disturb the peace, quiet and enjoyment of the
neighbourhood.
2.1
In cases where the presence of employees does not facilitate the orderly conduct
of patrons, staff shall contact the RCMP to request assistance in dealing with any
persons or crowds.
Criminal Activity
3.
The Licensed Establishment shall not knowingly allow any criminal activity within the
Establishment.
3.1
The Establishment shall make every reasonable effort to scrutinize patrons as they
enter the building to ensure that items of contraband, including weapons and
controlled substances, are not brought onto the premises.
Bylaw 7318
Page 16
Minors
4.
The Licensed Establishment shall not allow any person under the age of 19 into the
Establishment.
4.1
The Establishment shall check two pieces of identification for any person who
appears to be under the age of 25; one piece must be picture identification and
may be a driver's licence, a government identification card or a passport.
Sale and Consumption of Alcohol
5.
While it is recognized that there may be occasional price reductions or promotions for
specific alcoholic beverages, the Licensed Establishment shall not offer deep discounts
(i.e., "cheap drinks") or across-the-board discounts.
5.1
When offering price reductions and promotions, the Establishment shall be
particularly mindful of its legal and moral obligation to refuse service to persons
who may, based on appearance or amount of alcohol consumed, be intoxicated.
6.
The Licensed Establishment shall not allow patrons to carry or consume open beverages
in areas that are not licensed for such purposes, including areas outside of the
Establishment.
On-Duty Employees
7.
Each on-duty employee of the Licensed Establishment shall wear a clearly visible
nameplate showing his or her first name and/or employee number.
8.
The Licensed Establishment shall maintain a work schedule showing each on-duty
employee and shall make the work schedule available to the RCMP, upon request.
Cleanliness
9.
The Licensed Establishment shall assign staff to inspect the outside of the premises each
night after closing to ensure that there is no litter, garbage, broken glass or other foreign
objects associated with the Establishment left within the general area of the
Establishment.
10.
The Licensed Establishment shall undertake to remove, as soon as is practicable, any
graffiti from the building's exterior.
11.
The Licensed Establishment agrees to work with the City and its departments, including
the RCMP, to resolve any concerns that arise with respect to the operation of the
Establishment.
11.1
The Licensed Establishment agrees to attend a formal meeting, as required, with
the City and the RCMP to discuss issues and concerns.
12.
The Licensed Establishment shall demonstrate complete support for the RCMP and its
members.
12.1
When incidents occur which require RCMP involvement, all staff of the Licensed
Establishment shall cooperate fully with RCMP members, and shall not impede or
obstruct members in performing their duties.
Bylaw 7318
Page 17
13.
The Licensed Establishment shall participate as an active member in the local Hospitality
Industry Liquor Licensing Advisory Committee.
14.
If the Licensed Establishment is a nightclub located within the downtown core, the
Establishment will be strongly encouraged to participate in the Nanaimo Bar Watch
Program.
15.
The Licensed Establishment shall support programs which aim to eliminate occurrences
of drinking and driving.
15.1 A free telephone shall be available to patrons for the purpose of contacting a taxi or
arranging other transportation from the Establishment.
15.2 Non-alcoholic beverages shall be provided at prices which are below those set for
alcoholic beverages.
Amendment and Transferability
16.
Any proposed changes to the terms of the Good Neighbour Agreement shall be discussed
and resolved among the Parties.
Enforcement
17.
Obtaining a business licence is contingent upon accepting and signing this Agreement;
notwithstanding this fact, the Parties recognize that the success in reaching the objectives
of the Good Neighbour Agreement is largely dependent upon each establishment's
willingness to make a concerted effort to support and adhere to the principles outlined in
the Agreement.
17.1 Any failure on the part of the Licensed Establishment to comply with the terms
outlined herein will result in the following:
(a)
the City will attempt to resolve the matter by requesting a meeting with the
licensee.
If the matter is not satisfactorily resolved during a meeting, the City will provide a
written warning. The letter will clarify what action is needed in order for the
licensee to comply with the terms of the agreement. The letter will also specify
how much time will be provided for the licensee to comply. The length of time
will depend on the nature of the infraction.
(b)
Continued non-compliance may be brought to the attention of City Council,
which may in turn require the owners of the Establishment to attend a
"show cause" hearing related to the suspension of their business licence.
It should be noted that a "show cause" hearing would only be used when all other
reasonable attempts to gain compliance have failed.
18.
Nothing contained or implied in this Good Neighbour Agreement shall prejudice or affect
the City's rights and authorities in the exercise of its functions pursuant to the Community
Charter and Local Government Act, as amended, and the rights and powers of the City
and the RCMP under provincial and federal statutes and regulations, and City bylaws.
Bylaw 7318
Page 18
Signed this
day of
, 20 , in Nanaimo, British Columbia.
Licence Inspector
Mayor
City of Nanaimo
OFFICER IN CHARGE
Nanaimo Detachment, RCMP
Bylaw 7318
Page 19
(Bylaw 7318.03)
SCHEDULE D