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THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 580
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A Bylaw respecting licences for carrying on Business within
the Municipality and for fixing the fees for such licences.
The Council of the Corporation of the Village of New Denver in open meeting assembled, enacts as
follows:
1.
For the purpose of this Bylaw, unless the context otherwise requires:
"Charter" means the Community Charter;
"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;
"Resident Business" means a business carried on in or from premises within the
municipality;
"Non-resident Business" means a business other than a resident business, carried on within the
municipality or with respect to which any work or service is performed within the
municipality;
"Temporary Residential Vacation Rental" shall mean a single/two-family dwelling used for
short term rental for tourist accommodation that does not exceed four (4) weeks per year;
"Treasurer" means the person from time to time duly appointed as Treasurer for the
municipality and also any person lawfully acting in that capacity;
"Licence Inspector" means the person from time to time duly appointed as Licence Inspector
for the municipality;
"Municipality" means the Corporation of the Village of New Denver.
2.
Subject to Section 59 of the Charter no person shall carry on, with the municipality, any
business unless she/he is the holder of a valid licence issued to him/her under this bylaw, and
shall pay in advance therefore, to the Treasurer the sum specified in Schedule "A' attached
hereto and made part of this bylaw and it shall be incumbent upon each person to renew such
licence prior to February 15th of the current licencing period as long as such business is being
carried on.
3.
The Licence Inspector shall have power to grant, issue or transfer licences as hereinafter
provided and subject to the provisions of Section 59 of the Charter.
4.
All fees collected under this bylaw shall be paid forthwith to the Treasurer of the
municipality who shall deal with the said fees in the manner provided in the Charter.
5.
(1)
Except as hereinafter provided, licences shall be issued on an annual basis to terminate
on the 31St day of December. The annual licence fee may be reduced by one-half in
respect of a person who becomes liable to be licenced after the 31St day of July in any
year.
(2) Subject to Section 59(1)(e) of the Charter the period for a licence in respect of a theatre,
including drive-in theatre, amusement hall, concert hall, music hall, opera house, rink,
amusement park, or other place of amusement, entertainment, or exhibition may be six months,
three months, one month or one day.
(3) Subject to Section 59(1)(d) of the Charter the period for a licence with respect to a circus, horse
show, dog or pony show, exhibition or other itinerant show or entertainment, when held
elsewhere than in a licenced theatre or other licenced place, shall be one day.
Village of New Denver
Business Licence Bylaw No. 580, 2004
Consolidated to September 17, 2018
PAGE 2 OF 5
(4) The period for a licence in respect of horse racing shall be one day.
(5) The period for a licence in respect of Temporary Residential Vacation Rental shall be for
a term not to exceed four (4) weeks per year. Rentals running for the duration of four
consecutive weeks shall require one business licence. Rentals not running for a period of
four consecutive weeks shall require one business licence for each rental.
6. (1) Every licence granted pursuant to this bylaw shall be in the form of Schedule "B"
attached hereto and made part of this bylaw.
(2) No person shall carry on business at two or more premises at the same time under one
licence.
(3) No person shall change his place of business without first obtaining a transfer of his licence
in respect thereto and the particulars of such transfer shall be endorsed on the licence by the
Licence Inspector.
(4) The issuance of a licence shall not be deemed to be a representation by the municipality to
the licensee that the business or proposed business complies with any or all applicable bylaws
or enactments. The business owner remains responsible for ensuring compliance with all
bylaws and enactments.
(5) The issuance of every Business Licence shall be accompanied by a Notice in the form of
Schedule "C" attached hereto and shall be signed by the Licensee.
(6) No person operating a Temporary Residential Vacation Rental shall allow the operation
of such business to disturb the peace and tranquillity of neighbouring residences. Such
disturbances could result in the cancellation of present and future business licences.
7.
Subject to the provisions of Section 59(1)(a) of the Charter, any person applying for a
licence to carry on a "Resident Business" for the first time with respect to that particular
business may be required by the Licence Inspector to give as security to the municipality by
way of cash or a bond issued by a Bonding Company of Canada up to, but not exceeding,
the amount of Five Hundred Dollars ($500.00).
8.
Subject to the provisions of Section 59(l)(b) of the Act, any person applying for a licence
to carry on a "Non-resident Business" may be required by the Licence Inspector to give as
security to the municipality by way of cash or a bond issued by a Bonding Company of
Canada up to, but not exceeding, the amount of One Thousand Dollars ($1,000.00).
9.
The security referred to in Sections 7 and 8 of this bylaw shall be taken in the name of the
municipality and shall be deposited with the Licence Inspector, together with the application
for a licence and the prescribed fee.
10.
Those businesses as provided under Section 61 of the Charter shall be exempt from
Village of New Denver
Business Licence Bylaw No. 580, 2004
Consolidated to September 17, 2018
PAGE 3 OF 5
licencing requirements.
11.
The Licence Inspector shall have the power to suspend licences subject to the provisions of
Section 60(5) of the Charter.
12.
Every licencee under this bylaw shall permit reasonable access to the Licence Inspector to
the premises at which the licenced business is being carried on for the purpose of ensuring
that the requirements of this bylaw are being fulfilled.
13.
PENALTY
13.1 Any person who violates any provisions of this bylaw, or who suffers or permits any
act or thing to be done in contravention or violation of any of the provisions of this
bylaw, or who neglects or refrains from doing anything required to be done by any
provision of this bylaw, shall be guilty of an infraction thereof and upon summary
conviction therefore, shall be liable to a fine and penalty not exceeding two thousand
dollars ($2,000.00), or in the alternative, to imprisonment for a period of time not
exceeding six (6) months.
13.2 If any section, sub-section, sentence, clause, sub-clause or phrase of this bylaw is for
any reason held to be invalid by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this bylaw.
14.
This bylaw may be cited for all purposes as "Village of New Denver Business Licence
Bylaw No. 580, 2004 and shall take effect on January 1, 2005.
15.
Bylaw No. 515 cited as "Business Licence Bylaw No. 515,1999" and all amendments
thereto are hereby repealed.
READ A FIRST TIME this 14th day of December, 2004.
READ A SECOND TIME this 14th day of December, 2004.
READ A THIRD TIME this 14th day of December, 2004.
RECONSIDERED AND FINALLY ADOPTED this 17th day of December, 2004.
Village of New Denver
Business Licence Bylaw No. 580, 2004
Consolidated to September 17, 2018
PAGE 4 OF 5
MAYOR
CORPORATE OFFICER
Certified to be a true copy of Village of New Denver Business Licence Bylaw No. 580,
2004 and amendments thereto.
CORPORATE OFFICER
List of Amending Bylaws:
Bylaw:
Effective Date:
Village of New Denver Business Licence
Amendment Bylaw No. 616, 2007
June 26, 2007
Fees and Charges Bylaw No. 699, 2016
April 26, 2016
Village of New Denver
Business Licence Bylaw No. 580, 2004
Consolidated to September 17, 2018
PAGE 5 OF 5
SCHEDULE " B "
BYLAW NO. 5 8 0
SCHEDULE B
Corporation Of The Village Of New Denver
LICENCE ISSUED UNDER "COMMUNITY CHARTER"
No.
has paid the sum of
_____________________ in respect of a License under "Division 9 - Business Regulation" of said
act, and is entitled to carry on the Business, Occupation or Profession set forth therein, namely
for the period of ____________ from the _____day of ____________, _____ to the _____day of
____________, _____
$_________
Collector
Dated this
day of