Business Licence Bylaw No. 3347, 2016 (Consolidated) — full text

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THE CORPORATION OF THE CITY OF NELSON Business Licence Bylaw No. 3661, 2026 Being a bylaw respecting Licences for carrying on business within the City of Nelson Table of Contents Page No. CONTENTS PART 1 - INTERPRETATION ................................................................................................ 3 PART 2 - DEFINITIONS ........................................................................................................ 3 PART 3 - LICENCE REQUIRED ............................................................................................ 5 PART 4 - EXEMPTIONS ........................................................................................................ 6 PART 5 - EFFECT OF LICENCE ........................................................................................... 6 PART 6 - LICENCE PERIOD ................................................................................................. 7 PART 7 - LICENCE APPLICATION AND FEE ....................................................................... 7 PART 8 - LICENCE TO BE DISPLAYED ............................................................................... 8 PART 9 - LICENCE INSPECTOR .......................................................................................... 8 PART 10 - GRANTING AND REFUSAL OF LICENCES ....................................................... 9 PART 11 - SUSPENSION AND CANCELLATION OF LICENCES ...................................... 10 PART 12 - COUNCIL RECONSIDERATION OF REFUSAL, SUSPENSION OR CANCELLATION OF LICENCE ........................................................................................... 11 PART 13 - GENERAL REGULATIONS ............................................................................... 11 PART 14 - SHORT-TERM RENTAL LICENCE REGULATIONS ......................................... 12 PART 15 - SHORT-TERM RENTAL LICENCE APPLICATIONS ......................................... 13 PART 16 - SHORT-TERM RENTAL LICENCE RENEWAL ................................................. 14 PART 17 - ADVERTISING AND ONLINE BOOKING PLATFORMS ................................... 14 PART 18 - SHORT TERM RENTAL LICENCE CATEGORIES AND ALLOCATION CAP ... 15 PART 19 - SHORT-TERM RENTAL GUEST REGISTRY .................................................... 15 PART 20 - EXEMPTION PROVISIONS FOR HOME OCCUPATION (Grandfathered Short- Term Rentals) ....................................................................................................................... 15 PART 21 - LICENCE REGULATIONS FOR DRIVE-THRU RESTAURANTS....................... 16 PART 22 - LICENCE REGULATIONS FOR MOBILE VENDING ......................................... 16 PART 23 - LICENCE REGULATIONS FOR INTER-COMMUNITY BUSINESS LICENCES 16 PART 24 - ENFORCEMENTS AND PENALTIES ................................................................ 16 City of Nelson Business licence Bylaw 3661, 2026 Page 2 PART 25 - REPEAL AND REPLACEMENT ......................................................................... 17 PART 26 - SEVERABILITY .................................................................................................. 17 PART 27 - CITATION .......................................................................................................... 17 PART 28 - EFFECTIVE DATE ............................................................................................. 18 City of Nelson Business licence Bylaw 3661, 2026 Page 3 THE CORPORATION OF THE CITY OF NELSON Business Licence Bylaw No. 3661, 2026 WHEREAS pursuant to the Community Charter, Council may, by bylaw, regulate, prohibit and impose requirements in relation to business; NOW THEREFORE the Council of the City of Nelson, in open meeting assembled, enacts as follows: PART 1 - INTERPRETATION 1.1 The headings contained in this bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this bylaw. 1.2 Any reference in this bylaw to an appendix, schedule, statute, regulation, bylaw or other legislative instrument shall be deemed to mean a reference to that appendix schedule, statute, regulation, bylaw or legislative instrument in force at the effective date of this bylaw, and as amended, superseded or replaced from time to time thereafter. PART 2 - DEFINITIONS 2.1 The following words or phrases have the meanings set out in the City of Nelson Zoning Bylaw 3652, 2026: "Dwelling Unit", "Guest Suite", "Guest Room", "Guest Home", "Home Occupation", "Multi-Unit Residential", "Short-Term Rental". 2.2 In this bylaw, the following terms have the following meanings: a) "BUSINESS" means the carrying on of a commercial or industrial undertaking of any kind or nature or the providing of professional, personal or other services, for the purpose of gain or profit; b) "BYLAW ENFORCEMENT OFFICER" means a person appointed as such by Council or the City Manager and any person appointed or designated to assist him or her in enforcing municipal laws and regulations as set out in this bylaw; c) "BYLAW NOTICE" means a ticket issued under the Bylaw Notice Enforcement Bylaw No. 3195, 2011; d) "BYLAW NOTICE ENFORCEMENT BYLAW" means the City of Nelson Bylaw Notice Enforcement Bylaw No. 3195, 2011, including all amendments and replacements thereto; City of Nelson Business licence Bylaw 3661, 2026 Page 4 e) "CANNABIS" means as defined in the Cannabis Act and includes any products containing Cannabis; f) "CANNABIS RETAIL STORE" means a retail establishment licensed under provincial authority for the sale of cannabis for consumption off-premises; g) "CITY" and "CITY OF NELSON" means The Corporation of the City of Nelson and is called the "City" when referring to the corporate entity and "City of Nelson" when referring to the geographic location; h) "COUNCIL" means the Council of the Corporation of the City of Nelson; i) "DRIVER" means any person who drives a vehicle as herein defined and includes any other person driving or in charge of a vehicle for hire; j) "DRIVE-THRU BUSINESS" means a business or part of business where food, goods, or services are provided directly to customers in vehicles, often using designated lanes, windows, or automated systems; k) "FEES AND CHARGES BYLAW" means the City's Fees and Charges Bylaw, No. 3092, 2008, including all amendments and replacements thereto; l) "GUEST SUITE" is as defined in the Zoning Bylaw No. 3652, 2026, including all amendments and replacements thereto; m) "HIRE" means the fare, toll, fee or rate charged or collected from any person for the transportation of a person or persons or chattels of persons; n) "INTER-COMMUNITY BUSINESS" means a Business that performs a service or activity within more than one Participating Government by moving from client to client, including but not limited to trades, plumbers, pest control, and other similar businesses; o) "LICENCEE" means a business entity which holds a valid licence to operate a business within the City of Nelson under this Bylaw; p) "LICENCE INSPECTOR" means the City Employee, from time to time, assigned to enforce and issue business licences and inspect business locations in accordance with this Bylaw or their designate, or any employee of the City acting in the capacity of the Licence Inspector; q) "MOBILE BUSINESS" means a business that does not operate at a fixed location; City of Nelson Business licence Bylaw 3661, 2026 Page 5 r) "OWNER" means: (1) with respect to motor vehicles and commercial vehicles, a person or persons duly registered from time to time under the Motor Vehicle Act or Commercial Transport Act, as the case may be, as the owner of the motor vehicle or commercial vehicle; and (2) with respect to land, buildings and premises, means the registered owner, tenant, lessee, agent, licensee and any other person who has the right of access to and control of any land, building or premises to which any of the provisions of this Bylaw apply; s) "PARTICIPATING GOVERNMENT" means those municipalities that have adopted an Inter-Community Business Licence Bylaw and any other municipalities that adopt this bylaw at a later date; t) "PERSON" includes any corporation, partnership, sole proprietorship, party or individual; u) "PREMISES" means a building or portion of a building or an area of land occupied, or capable of being occupied, by a business for the purpose of carrying on a business; v) "PRINCIPAL RESIDENCE - NON-PROPERTY OWNER" means the dwelling where an individual lives, makes their home, and conducts their daily affairs including, without limitation, paying bills and receiving mail and is generally the dwelling unit with the residential address used on documentation related to billing, identification, taxation and insurance purposes, including, without limitation, income tax returns, Medical Services Plan documentation, driver's licences, personal identification, vehicle registration and utility bills; w) "PRINCIPAL RESIDENCE - PROPERTY OWNER" means the dwelling where an individual lives and is the property where the person claims the provincial home owner grant; x) "TAXI" and "VEHICLE FOR HIRE" means a vehicle which is operated for hire by members of the public for the transportation and conveyance of persons or property, but does not include an ambulance, public transit bus, hearse, or a vehicle driven by the person who hires it; and y) "YARD SALE" means the sale of used personal goods on private property by private individuals, usually taking place for only one day. PART 3 - LICENCE REQUIRED 3.1 Every person who owns or operates a business within the City of Nelson shall City of Nelson Business licence Bylaw 3661, 2026 Page 6 apply for, obtain, and maintain a licence for each business annually. 3.2 Every person who operates a business at more than one premises, shall apply for, obtain, and maintain a separate licence for each premises. 3.3 Every person who operates more than one business at one premises, shall apply for, obtain, and maintain a separate licence for each business. 3.4 Every person who operates a business within the City of Nelson, no matter where the licencees primary place of residence is, is required to obtain and hold a licence for each of their businesses. 3.5 A person shall not carry on any business for which a licence is required by bylaw within the City of Nelson without holding a valid annual licence for the carrying on of such business. PART 4 - EXEMPTIONS 4.1 Notwithstanding any other provisions of this Bylaw, the following are not required to obtain a business licence: a) any person busking; b) any person holding a Yard Sale on their residential property; and c) an individual employed or contracted as a driver by a licensed local business providing passenger transportation service, transportation service or transportation network service in the City of Nelson is not required to obtain their own individual business licence for such services. PART 5 - EFFECT OF LICENCE 5.1 Every licence issued under this bylaw is personal to the person named in the licence and may not be transferred to another person. 5.2 A person shall not carry on a business in or on any premises other than those identified on the licence without first making an application for a new licence or a change to the licence. 5.3 The granting of a licence under this bylaw in no way implies or constitutes a representation or warranty of the Licence Inspector or the City that the licencee is competent in the business operation for which they are licenced or that the licenced business or the business premises comply with the City's bylaws. 5.4 Every person who carries on or operates a business in the City shall comply with City of Nelson Business licence Bylaw 3661, 2026 Page 7 all City bylaws and all applicable laws, rules, codes, regulations, and orders of all federal or provincial authorities having jurisdiction over such business. PART 6 - LICENCE PERIOD 6.1 Except as otherwise provided in this Bylaw, the licence period shall be one (1) year, to commence on January 1 and to terminate on December 31, on each and every year. 6.2 The licence period with respect to a Short-Term Rental will be for the periods set out in Schedule "A". PART 7 - LICENCE APPLICATION AND FEE 7.1 Except as otherwise provided in this Bylaw, the application for a licence and the licence issued thereafter shall be in the form prescribed by the City. 7.2 Where an applicant applies for more than one licence, the particulars of each licence applied for shall be included on a separate application form for each licence. 7.3 Every person applying for a new licence shall, at the time of making the application, pay to the City: a) the licence fee for the applicable type of business prescribed by the City Fees and Charges Bylaw No. 3092, 2008; b) all outstanding fees, charges and penalties due and payable to the City in respect of the business; and c) all applicable federal and provincial sales taxes. 7.4 All business licence annual renewals shall be paid no later than February 28th of the respective year. 7.5 A late payment penalty fee will be applied for any licences paid after February 28th of the respective year, as per the Fees and Charge Bylaw No. 3092, 2008. 7.6 Any person applying for a licence under this Bylaw shall make a true and correct statement in writing disclosing the nature of and character of such business to be carried on by the applicant, including but not limited to, business name, legal business name if different, contact information, and number of persons engaged or occupied in the business. 7.7 Any errors, omissions, inaccuracies, or misrepresentations in the information or documentation provided by the applicant in respect to a licence application will City of Nelson Business licence Bylaw 3661, 2026 Page 8 be considered the sole responsibility of the applicant, notwithstanding any review or acceptance by the Licence Inspector. 7.8 A person shall not provide incorrect or misleading information on an application for a licence. 7.9 If the ownership, control, business name, or business location of any business with an existing business licence changes, the current owner(s) or the new owner(s) must notify the City by applying for a change to the licence and paying the applicable fees identified in the City Fees and Charges Bylaw No. 3092, 2008. 7.10 Licence fees paid hereunder shall not be refundable. 7.11 For licence applications received on or after July 1st, other than applications for Short-Term Rental licences, the applicable licence fees prescribed by the Fees and Charges Bylaw will be reduced by fifty (50) percent. The fee reduction provided herein shall only be applicable for the licence period applicable to the application. 7.12 Notwithstanding the requirements of Section 7.11, for Annual Short-Term Rental licence applications received on or after August 1st, the applicable licence fees prescribed by the Fees and Charges Bylaw will be reduced by fifty (50) percent. The fee reduction provided herein shall only be applicable for the licence period applicable to the application. 7.13 Licence applications for Annual Short Term Rentals - Guest Suite shall be required to pay the Short Term Rental-Guest Suite water and sewer fees as established in the City Fees and Charges Bylaw No. 3092, 2008. 7.14 Notwithstanding the regulations in the Sanitary Sewer Regulatory Bylaw No. 3351, 2017 and the Waterworks Regulatory Bylaw No. 3293, 2015 and all replacements and amendments thereto, the Short Term Rental-Guest Suite water and sewer fees shall not be eligible for the 10% discount or the quarterly instalment payments. PART 8 - LICENCE TO BE DISPLAYED 8.1 Every Licencee shall keep a copy of the business licence posted in a conspicuous place in the premises, vehicle or other mode of transport, place or structure where the business is conducted or undertaken and for which the licence is issued. PART 9 - LICENCE INSPECTOR 9.1 A Licence Inspector shall have the authority to grant or refuse a business City of Nelson Business licence Bylaw 3661, 2026 Page 9 licence. 9.2 Pursuant to the Community Charter, the Licence Inspector or Bylaw Enforcement Officer may enter, at all reasonable times, onto and into premises to inspect and determine whether all regulations, prohibitions, and requirements established by this Bylaw and any federal or provincial authorities having jurisdiction over such business and are being met. 9.3 An owner(s) shall provide to the Licence Inspector and Bylaw Enforcement Officer the information and the access to premises for an inspection and determination under Section 9.2 to be made. 9.4 Inspections are required for: a) any home-based child care centres; and b) any other businesses as required by the Licence Inspector. PART 10 - GRANTING AND REFUSAL OF LICENCES 10.1 The Licence Inspector may grant a licence where the Licence Inspector is satisfied that the applicant therefore has complied with the requirements of the bylaws of the City regulating building, zoning, and business. 10.2 A business licence will only be granted if the business type is permitted by the Zoning Bylaw No. 3199, 2026 or a temporary use permit (TUP). 10.3 The Licence Inspector may refuse to grant a licence in any specific case provided that a licence shall not be unreasonably refused and, in the case of refusal, upon request, the supervisor of the Licence Inspector must provide written reasons for the refusal and opportunity for the applicant to be heard. 10.4 In considering an application for a licence, the Licence Inspector will require that an applicant provide proof of certification, approval or qualification required by a federal, provincial, or local government authority having jurisdiction over the business. 10.5 The Licence Inspector may establish the terms and conditions of a licence, or the terms and conditions that must be met for obtaining, continuing to hold, or renewing a licence. 10.6 If the issuance of a licence requires insurance coverage, proof of that insurance coverage in a form acceptable to the Licence Inspector shall be submitted prior to the issuance of the licence. 10.7 The Licence Inspector may suspend, cancel, or refuse to issue or renew a City of Nelson Business licence Bylaw 3661, 2026 Page 10 licence for: a) any person convicted anywhere in Canada of an offence involving dishonesty; was convicted, found guilty of, or liable for any contravention or offence relating to the conduct of a business similar to that to which the licence relates; b) any person convicted, found guilty of, or liable for any contravention or offence, in the City of Nelson, against this bylaw or against any bylaw authorizing the issuance of a business licence or regulating the conduct of a business; c) any person guilty of misrepresentation, nondisclosure of concealment of any material fact, relating to the subject matter of the licence or required to be stated in, the application; and d) any Business governed by provincial or federal legislation whose provincial or federal licence has been suspended or cancelled, including but not limited to; child care centres, food services, or retailers selling Cannabis, liquor, or nicotine products. PART 11 - SUSPENSION AND CANCELLATION OF LICENCES 11.1 The Licence Inspector is authorized by Council to suspend or cancel a licence for: a) failure by a licencee to comply with a term or condition of the licence; b) failure to meet the initial licence application requirements as provided by this Bylaw; c) failure to meet the renewal licence requirements as provided by this Bylaw; d) ceasing operation of the business; e) any person intending to or does operate a business, or occupies or uses a business premises that does not comply with a City bylaw, or any enactments of provincial, federal or other governmental authorities; f) a Licencee that is convicted of an indictable offence in Canada which relates to the nature of the business or in respect of the business; g) a Licencee that has engaged in serious misconduct which warrants City of Nelson Business licence Bylaw 3661, 2026 Page 11 the refusal, cancellation, or suspension of the licence, if the misconduct is: i. with respect to the business; or ii. occurred in or with respect to the business premises; or h) reasonable cause, provided that the Licence Inspector has, before the suspension or cancellation, given the licencee notice of the proposed suspension or cancellation and an opportunity to be heard. PART 12 - COUNCIL RECONSIDERATION OF REFUSAL, SUSPENSION OR CANCELLATION OF LICENCE 12.1 If the Licence Inspector proposes to exercise his/her authority to refuse, suspend or cancel a licence, the Licence Inspector must provide to the applicant or licencee who is subject to the Licence Inspector's decision, notice of the Licence Inspector's proposed action and that the licencee is entitled to have Council reconsider the matter. 12.2 A notice under section 12.1 shall be issued to the licencee and served on the licencee or delivered by registered mail to the licencee to the address given by the licencee on the application for the licence. 12.3 An applicant or licencee who wishes to have Council reconsider the refusal, suspension or cancellation of a licence shall follow the procedure as per the City of Nelson Administrative Fairness Policy No. 0220.00.005. 12.4 In reconsidering a decision of the Licence Inspector to refuse, suspend or cancel a licence, Council may confirm or set aside the Licence's Inspector's decision as Council deems appropriate in the circumstances. PART 13 - GENERAL REGULATIONS 13.1 Where any federal or provincial enactment or any other City bylaw applies to any matter covered by this Bylaw, the issuance of a licence under this Bylaw shall not relieve the licencee from complying with the provision of such other enactments or bylaws. 13.2 If all outstanding fees under this Bylaw have been paid in respect of an existing licence, then a change in ownership means that the new owner(s) does not need to pay the business licence fee again for the current licencing period. 13.3 A Licencee must not display signage tat is in contravention to provincial and federal legislation and the City Sign Bylaw No. 3437, 2019 including all amendments and replacements thereto; City of Nelson Business licence Bylaw 3661, 2026 Page 12 13.4 Without limiting the generality of section 5.4, every person operating a business must comply with, and will be subject to Zoning Bylaw No. 3652, 2026 and its amendments and replacements from time to time. 13.5 Each owner/operator of a Taxi or Vehicle for Hire must produce to the satisfaction of the Licence Inspector the following documents: a) proof of vehicle insurance that indicates the vehicle for hire is insured as a Taxi or Vehicle for Hire and liability insurance in respect of the vehicle is for not less than two million ($2,000,000) dollars; and b) proof that the vehicle for hire, in the previous 60 days, has been inspected by a Ministry of Transport designated inspection facility and a safety inspection certificate has been issued in respect to the vehicle. PART 14 - SHORT-TERM RENTAL LICENCE REGULATIONS 14.1 Any requirements of this Bylaw pertaining to Short-Term Rentals do not cancel any other requirements contained herein that are generally applicable to all businesses. 14.2 A Short-Term Rental licence is only valid for one dwelling unit and one category of Short-Term Rental. 14.3 An owner(s) may not hold more than one (1) Short-Term Rental licence, notwithstanding that the owner(s) may be licenced for a second Short-Term Rental provided that it is for a period of less than six (6) months. 14.4 No more than two (2) 31-Day Short-Term Rental licences per calendar year and no more than one (1) Four-Month Short-Term Rental licence will be issued in respect of the premises from which the Short-Term Rental is operated. 14.5 A premises issued a Four-Month Short-Term Rental licence is not eligible for 31-Day Short-Term Rental licence in the same calendar year. 14.6 No person shall operate a Short-Term Rental unless the premises can be demonstrated to be that person's Principal Residence - Non-Property Owner (in the instance where the operator does not own the property) or Principle Residence - Property Owner (in the instance where the operator does own the property). 14.7 Notwithstanding the requirements of Section 14.6, if the operator(s) is/are the property owner(s), it is the first year of home ownership and home ownership occurred after the property tax deadline date, the operator must demonstrate Principle Residence - Non-Property Owner. 14.8 No person shall operate a Short-Term Rental without a valid and subsisting licence. City of Nelson Business licence Bylaw 3661, 2026 Page 13 14.9 No person shall offer or advertise a Short-Term Rental without a valid licence in respect of such Short-Term Rental. 14.10 Short-Term Rentals are subject to inspection by a Licence Inspector once every three (3) years, whether or not the Short-Term Rental has been continuously licenced during that period. At the discretion of the Licence Inspector the inspection required at the time of initial application may be waived if the subject property has been subject to a full inspection under a Building Permit within the previous three years. 14.11 Without limiting the generality of section 5.4, every person operating a Short-Term Rental must comply with, and will be subject to the Zoning Bylaw No. 3652, 2026, the Off-Street Parking and Landscape Bylaw, No. 3274, 2013, and the Noise Control Bylaw, No. 3201, 2011, as each of those may be amended or replaced from time to time. 14.12 The minimum parking requirement for a Short-Term Rental may be waived if it can be demonstrated to the satisfaction of the Director of Development Services, that the equivalent number of parking spaces are available on the right-of-way immediately adjacent to the subject property and results in no impact to public parking on the right- of-way. PART 15 - SHORT-TERM RENTAL LICENCE APPLICATIONS 15.1 Applications for Short-Term Rental licences will be processed by the City on a first-come basis. 15.2 An application for a Short-Term Rental licence shall be made on a form prescribed by the City. 15.3 Any person making an application for a Short-Term Rental Licence shall at the time of making such application, in addition to the general requirements under this Bylaw, provide: a) proof of ownership of the premises from which the Short-Term Rental will be operated; b) proof of Principal Residence - Non-Property-Owner or proof of Principal Residence - Property Owner, whichever is applicable; c) contact information for one (1) or two (2) local contacts, who may be the applicant, as the individual(s) available on a 24/7 basis during the use of Short-Term Rental by a guest to respond within fifteen minutes to any telephone enquiries regarding the Short-Term Rental, and who have consented to the applicant to allow their contact information to be made publicly available, including on-line and to guests of the Short-Term Rental; City of Nelson Business licence Bylaw 3661, 2026 Page 14 d) for a Short-Term Rental located within a Multi-Unit Residential building, other than a stratified building, a letter signed by an agent authorized to act on behalf of the multi-family building corporation, consenting to the applicant's operation of a Short-Term Rental from the premises; and e) for a Short-Term Rental located within a Multi-Unit Residential building that is stratified, a letter duly signed by the president of the strata council, consenting to the applicant's operation of a Short-Term Rental from the premises. 15.4 A local contact for a Short-Term Rental must reside within thirty (30) kilometers of the Short-Term Rental property. 15.5 In considering an application for a Short-Term Licence, the Licence Inspector may: a) consider whether a Short-Term Rental licence held by the applicant has been revoked in the preceding two (2) licence periods; b) require an inspection of the premises from which the Short-Term Rental will be operated notwithstanding that, a Licence Inspector may grant approval of the application without an inspection subject to the condition that if upon subsequent inspection, the Short-Term Rental fails to comply with the requirements of this Bylaw, the Licence Inspector shall suspend or cancel the licence; and c) withhold approval of a licence if an applicant and/or property owner(s) has outstanding unpaid penalties issued under the Bylaw Notice Enforcement Bylaw No. 3195, 2011. PART 16 - SHORT-TERM RENTAL LICENCE RENEWAL 16.1 An application for renewal of a Short-Term Rental licence must be received by the City by December 15th in each calendar year, failing which the application shall be considered a new application and shall become subject to the Short- Term Rental allocation cap, pursuant to section 17.1. PART 17 - ADVERTISING AND ONLINE BOOKING PLATFORMS 17.1 Every advertisement for a Short-Term Rental must disclose, in respect of the Short- Term-Rental being advertised: a) a valid business licence number; b) the number of off-street parking spaces available to guests and a statement City of Nelson Business licence Bylaw 3661, 2026 Page 15 that such number is the maximum number of vehicles that paying guests of the Short-Term Rental are permitted to bring to the premises; and c) the maximum permitted guest-occupancy applicable to the Short-Term Rental, pursuant to the Zoning Bylaw. PART 18 - SHORT TERM RENTAL LICENCE CATEGORIES AND ALLOCATION CAP 18.1 The categories of licences available for Short-Term Rentals shall be as set out in Schedule "A". 18.2 The City will limit the number of Short-Term Rental licences available in a calendar year to the maximum number of licences set out for each category of licence in Schedule "A". 18.3 The City may refuse to grant a licence if the maximum number of Short-Term Rental licences for the category in which the applicant is seeking a licence has been reached. 18.4 If, having issued the maximum number of Short-Term Rental licences, a licence is suspended or cancelled, then the City may approve a licence application to reallocate the suspended or cancelled licence. PART 19 - SHORT-TERM RENTAL GUEST REGISTRY 19.1 Every person carrying on the business of a Short-Term Rental must: a) Establish and maintain a daily register of the name, telephone number, address and vehicle licence plate number, for every overnight guest of the business; and b) Upon request from the City, supply a copy of the guest register to the Licence Inspector. 19.2 The City may request a copy of the guest register on any day of the calendar year between the hours of 8:00 am and 8:00 pm. 19.3 The City may request from the licensee, booking records as produced directly from each online listing platform used to advertise the licensed premises in the current calendar year on any day of the calendar year between the hours of 8:00 am and 8:00 pm. PART 20 - EXEMPTION PROVISIONS FOR HOME OCCUPATION (Grandfathered Short-Term Rentals) 20.1 Any property for which a person or business applied for, or renewed, a licence prior to January 1, 2016 and held a valid licence in 2016 for a "Home City of Nelson Business licence Bylaw 3661, 2026 Page 16 Occupation" designated for up to two (2) Guest Rooms or for a "Short-Term Rental" and for which a licence has been in each calendar year since 2016, shall be exempt from: a) the Short-Term Rental licence allocation cap as set out in Section 2 of Schedule "A"; and b) the requirement for the owner(s) or operator(s) of the Home Occupation or Short-Term Rental, as the case may be, to list the licence number, parking spaces and maximum guest occupancy in respect of such Home Occupation or Short-Term Rental on all booking platforms used for advertising the business. PART 21 - LICENCE REGULATIONS FOR DRIVE-THRU RESTAURANTS 21.1 No drive-thru restaurant will be permitted to operate the drive-thru portion of their business between the hours of 11:00 pm until 5:00 am. PART 22 - LICENCE REGULATIONS FOR MOBILE VENDING 22.1 Any person engaging in a Mobile Business must adhere to the City's Mobile Vending & Sales Policy No. 4500.00.010. PART 23 - LICENCE REGULATIONS FOR INTER-COMMUNITY BUSINESS LICENCES 23.1 Any person operating a business in two or more municipalities must obtain an Inter- Community Business Licence. 23.2 Any person operating a business with an Inter-Community Business Licence must adhere to the City's Inter-Community Business Licence Bylaw No. 3356, 2016. PART 24 - ENFORCEMENTS AND PENALTIES 24.1 A person who: a) contravenes or fails to comply with this Bylaw; b) permits, suffers or allows any act or thing to be done in contravention of this Bylaw; c) fails to carry out an order made under this Bylaw; d) fails or neglects to do anything required under a licence; e) provides false or misleading information to obtain a licence under this City of Nelson Business licence Bylaw 3661, 2026 Page 17 Bylaw; or f) carries on or remains open for business after receiving notice from the City that the licence for the business was suspended or cancelled, commits an offence and each day such an offence continues or is permitted to continue will constitute a separate offence. 24.2 On being found guilty of an offence under this Bylaw, a person will be liable to pay a fine of up to $50,000 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and in default of payment of the fine to imprisonment for an additional term not exceeding six months under the Offence Act. 24.3 This Bylaw is designated under section 264 of the Community Charter as a bylaw that may be enforced by means of a Bylaw Notice. 24.4 Without limiting the enforcement options under Section 22.3, a person who commits an offence under this Bylaw will be liable to a penalty established under the Bylaw Notice Enforcement Bylaw. 24.5 Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a Bylaw Notice under section 264 of the Community Charter. 24.6 No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or her duties under this Bylaw. PART 25 - REPEAL AND REPLACEMENT 25.1 Business Licence Bylaw No. 3347, 2016 and all its amendments shall be repealed in entirety. PART 26 - SEVERABILITY 26.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the invalid portion must be severed and the remainder of this bylaw is deemed to be adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. PART 27 - CITATION 27.1 This bylaw may be cited for all purposes as "The Corporation of the City of Nelson Business Licence Bylaw No. 3661, 2026. City of Nelson Business licence Bylaw 3661, 2026 Page 18 PART 28 - EFFECTIVE DATE 28.1 This Bylaw comes into force and effect upon its adoption. READ A FIRST TIME the 14th day of April, 2026. READ A SECOND TIME the 14th day of April, 2026. READ A THIRD TIME the 14th day of April, 2026. PASSED AND ADOPTED the 28th day of April, 2026. Janice Morrison___ Mayor Sarah Winton____ Corporate Officer City of Nelson Business licence Bylaw 3661, 2026 Page 19 SCHEDULE "A" to Business Licence Bylaw No. 3661, 2026 SHORT-TERM RENTALS 1. Short-Term Rental Licence Categories Licences for Short-Term Rentals comprise the following categories: (i) Annual Short-Term Rental licence - valid from January 1 to December 31, but a Guest Home on a property with only one dwelling unit may not be advertised as available for rent for more than 182 days per calendar year; (ii) Four-Month Short-Term Rental licence - valid for four (4) continuous 31-day periods in one calendar year; the 31-day periods to be established at the time of issuance of the licence; (iii) 31-Day Short-Term Rental licence - valid for a continuous 31-day period commencing on the date specified on the licence. 2. Short-Term Rental Licence Allocation Caps The maximum number of Short-Term Rental licences to be issued by the City for each category is as follows: Maximum number of Short-Term Rental licences available for issuance: Annual Short-Term Rental licence Four-Month Short-Term Rental licence 31-Day Short-Term Rental licence 110 40 No Cap Maximum of three (3) licences in total are permitted within one block For the purposes of this Section 2, "one block" shall be considered to be the two sides of a single street that face one another and are bordered on either end by the nearest street or cul-de-sac. Where a lot is located on a lane, such lane shall be considered to be part of the nearest parallel street for the purposes of determining the boundaries of one block.