New Westminster, British Columbia
· No. 8473
· adopted 2024-11-04
· summary & facts
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Corporation of the City of New Westminster
Bylaw No. 8473, 2024
A Bylaw to provide for the issuance of business licences, to set and impose licence fees and to
regulate certain businesses in the City of New Westminster.
WHEREAS the Council of the Corporation of the City of New Westminster deems it expedient to
provide for business licensing and to regulate the operation of businesses in the City;
AND WHEREAS the Council of the Corporation of the City of New Westminster wishes to
ensure all businesses within the City operate in a lawful manner;
NOW THEREFORE, the Council of the Corporation of the City of New Westminster, in open
meeting and assembled, enacts as follows:
PART 1: INTERPRETATION
Name of Bylaw
1.1.
This Bylaw may be cited for all purposes as "Business Licence Bylaw No. 8473,
2024."
Definitions
1.2.
In this Bylaw:
(1)
"Adult Entertainment Business" includes any premises in which the
principal business is to:
(a)
sell or offer for sale either sex paraphernalia or graphic sexual
material;
(b)
provide a venue for viewing by the public cinematic or live
performance that contains primarily graphic sexual material; or
(c)
provide a venue for gambling or for the purpose of winning
money, cheques or other devices representing money;
(2)
"Adult Publication" means any book, pamphlet, magazine or printed or
electronically displayed matter, however produced, that contains a visual
image or representation of one or more individuals or portion of the
human body depicting nudity, sexual conduct or violent behavior that is
primarily for entertainment purposes;
(3)
"Amusement Machine" means a mechanical, electrical, virtual, automatic
or computerized machine that is played for amusement or entertainment
and for which a coin, token or pre-determined entry fee is charged for its
use;
(4)
"Animal Services" includes any business that provides services primarily
for animals;
(5)
"Applicant" means any person who makes an application for a licence
under the provisions of this Bylaw";
(6)
"Automotive Repair" means any business that provides services to repair
a motor vehicle or repair or replace a part of a motor vehicle;
Business Licence Bylaw No. 8473, 2024
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(7)
"Bed and Breakfast" means a home based business that provides
temporary sleeping accommodation to paying guests for less than 90
days and that includes the provision of daily breakfast;
(8)
"Beverage Container Return Depot" means the business of collecting,
temporarily storing, packaging, preparing for shipment and shipping of
used beverage containers;
(9)
"Business" means
a) carrying on a commercial or industrial activity or undertaking of any
kind; and
b) providing professional, personal or other services for the purpose
of gain or profit,
and includes the carrying on of such an activity, or undertaking or
provision of such services, by a non-profit organization, but does not
include an activity carried on by the Provincial government, by
corporations owned by the Provincial government, by agencies of the
Provincial government or by the Greater Vancouver Transportation
Authority or any of its subsidiaries;
(10)
"Bylaw Officer" means any person appointed from time-to-time by Council
as a Bylaw Officer or an individual responsible for the purpose of
enforcing or carrying out the provisions of this Bylaw, or members of the
New Westminster Police Department or Special Constable;
(11)
"Cannabis" has the same meaning as in the Cannabis Act (Canada);
(12)
"Cannabis Accessory" has the same meaning as in the Cannabis Act
(Canada);
(13)
"Cannabis Production Facility" means a facility providing for the
production, storage processing and distribution of cannabis and which is
owned or operated by a licensed cannabis producer or distributor as per
the Cannabis Act (Canada) as amended and replaced from time to time;
(14)
"Changes to a Business" means any of the changes listed in section 2.38;
(15)
"City" means the Corporation of the City of New Westminster;
(16)
"Community Charter" means the Community Charter, S.B.C. 2003, c. 26;
(17)
"Contact Information" has the same meaning as defined in the Freedom
of Information and Protection of Privacy Act;
(18)
"Controlled Substance" means a substance as defined in the Controlled
Drugs and Substances Act, S.C. 1996, c. 19, where the possession,
trafficking, production, import or export of such controlled substance is
prohibited by that Act;
(19)
"Controlled Substance Paraphernalia" means paraphernalia, equipment,
supplies, merchandise or any other thing which is designed, ordinarily
used or intended to be used for the purpose of or in connection with the
use, possession, production, cultivation, manufacture, import, export,
storage, preparation or ingestion of any controlled substance;
(20)
"Council" means the Council of the City;
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(21)
"Entertainment Facility" means a premise in which the primary use of
business provides amusement, sporting or entertainment services in the
form of any combination of amusement machines, simulated sports,
Virtual Reality games, or recreation equipment such as bowling alley,
arcade, children's entertainment centre, curling rink or climbing facility;
(22)
"Event Promotion Services" means advertising, marketing, coordination
and/or promotion of events;
(23)
"Farmers' Market" means a market that is comprised of a group of
vendors that gather temporarily at a location for the purpose of selling
directly to the public their produced, grown or cultivated, produce, protein
products, baked goods, prepared food, crafts or similar items;
(24)
"Floor Space" means the horizontal area of all floors or stories of any
building or structure on the premises measured to the interior walls of the
building or structure or portion of the building or structure at each floor
level;
(25)
"Food Service Establishment" means a business that provides food to the
public in a form that is ready for immediate consumption;
(26)
"Freedom of Information and Protection of Privacy Act" means the
Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c.
165;
(27)
"Fundraising Activities" means activities undertaken by a non-profit
organization or an individual on behalf of a non-profit organization or
similar type of organization to seek donations or other resources for the
benefit of the non-profit organization or similar type of organization and
such activities:
(a)
that occur no more than on 24 occasions per year;
(b)
where the majority of the resources accumulated are used by
the group or donated to another charitable cause; and
(c)
that are not merely providing another business a means to sell
directly its own products or services to the public;
(28)
"Garage Sale" means the sale of used furniture, clothing, toys, appliances
or other household or personal items owned by the individual holding the
sale where the sale:
(a)
is held at an individual's usual place of residence;
(b)
carries on for no more than two consecutive days; and
(c)
occurs no more than six times per year;
(29)
"Hazardous materials or activities" means those materials as regulated by
the Transportation of Dangerous Goods Act, 1992 (S. C. 1992, c. 34) or
those activities as regulated by the BC Fire Code;
(30)
"Home Based Business" means a business that is an accessory use to an
authorized residential use in which one or more residents conduct
business, and for greater certainty, includes a bed and breakfast but does
not include child care;
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(31)
"Individual" means a natural person;
(32)
"Industrial Business" means a business that uses a premise for
manufacturing, processing, fabricating, assembling, storing, transporting,
distributing, wholesaling, testing, servicing, repairing, wrecking, recycling
or salvaging of goods or materials;
(33)
"Licence" means a valid business licence or a temporary business licence
issued by the City under this Bylaw;
(34)
"Licence Coordinator" means the person appointed from time-to-time by
Council as the Business Licence Coordinator, Business Licence
Ambassador or their designate;
(35)
"Licence Holder" means the applicant to whom the licence was issued;
(36)
"Licence Inspector" means the person appointed from time to time by
resolution of Council as Licence Inspector of the City for the purpose of
enforcing and carrying out the provisions of this Bylaw and shall include
any acting Licence Inspector, or their delegates;
(37)
"Liquor Control and Licensing Act" means the Liquor Control and
Licensing Act, S.B.C. 2015, c. 19;
(38)
"Liquor Licensed Establishment" means a business that has or requires a
licence issued under the Liquor Control and Licensing Act;
(39)
"Liquor Licence - Liquor Primary Add On Fee for Other Business" is a
licence category for those businesses where the primary focus is not
beverage service (e.g. arcades, art galleries, cooking schools, spas) but
excluding event-driven facilities;
(40)
"Massage Provider" means an individual who practices, instructs or
demonstrates therapeutic or relaxation massage and is a member in good
standing with an organization that registers massage practitioners, and
which offers: 1) a code of conduct which governs the required behavior of
members; 2) a formal complaint or dispute resolution process; and 3) an
accreditation process for member training or education;
(41)
"Massage Therapist (Registered)" means an individual who is registered
with the College of Massage Therapists of British Columbia in accordance
with the Health Professions Act, R.S.B.C. 1996, c. 183;
(42)
"Mobile Food Vending" has the definition given in the City's Mobile Food
Vending Licence Bylaw No. 7850, 2016;
(43)
"Non-Profit Organization" means:
(a)
a charity registered with the Canada Revenue Agency;
(b)
a society registered with the Registrar of Companies under the
Societies Act, S.B.C. 2015 c. 18; or
(c)
a corporation incorporated pursuant to the Canada Not-for profit
Corporations Act, S.C. 2009, c. 23;
(44)
"Outdoor Storage" has the same meaning as defined in the Zoning Bylaw;
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(45)
"Person" includes an individual or a firm, corporation or formal or informal
partnership carrying on a business;
(46)
"Pharmacy" means a type of retail store selling drugs, pharmaceutical
products and foodstuffs directly to the public and which,
(a)
is operating and registered as a licensed pharmacy with the
College of Pharmacists of BC; and
(b)
may serve up to 30 persons registered in the B.C. Methadone
Maintenance Program or its successors for the purpose of filling
methadone prescriptions but does not mean or include a
methadone clinic or dispensary;
(47)
"Police Information Check" means a collection of offence information in
relation to an individual, including convictions, outstanding warrants,
charges and judicial orders available from a local police agency or RCMP
records management system and other systems/records where
authorized;
(48)
"Post Box" means a box or other receptacle suitable for containing postal
mail;
(49)
"Post Box Rental Agency" means any premises containing one or more
post boxes made available for rent, lease, sale or possession to a person
who is not an occupant of the premises, but does not include Canada
Post;
(50)
"Premises" means a legal parcel, and may include more than one parcel
where the parcels are within a single civic address, or within a single
strata development;
(51)
"Retail Sale of Cannabis" means the use of a site or portion of a site only
for the retail sale or distribution of cannabis, including any products
containing cannabis, directly to a consumer for which a licence has been
issued under the Provincial Cannabis Control and Licensing Act, S.B.C.
2018, c. 29 as amended and replaced from time to time;
(52)
"Retail Store" means a business that carries on the sale of goods directly
to consumers and includes food stores, general merchandise stores,
apparel and clothing stores, hardware stores, furniture and fixture stores,
drug and cosmetic stores, book and stationary stores, flower shops,
jewellery stores, tobacconist stores, pet supply stores, photographic
supply and photographer stores and similar stores;
(53)
"Secondhand Dealer" means any person that carries on the business of
retailing or wholesaling used property either directly or on consignment,
but excludes empty recyclable bottles or cans, furniture, clothing,
costume jewelry, sporting goods, footwear, houseware items, antiques,
books, and music, and for greater certainty includes pawn shops and
used tool stores;
(54)
"Services - Beauty" is a licence type that includes hair dressers, barbers,
nail technicians, estheticians, electrolysis, microblading or similar type
beauty related services;
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(55)
"Shark" means any of approximately 400 species of marine carnivorous
fishes of the class Chondrichthyes (subclass Elasmobranchii);
(56)
"Shark Fin" means the raw, dried, or otherwise processed detached fin, or
the raw, dried or otherwise processed detached tail, of a shark;
(57)
"Shipping Container" has the same meaning as defined in the Zoning
Bylaw;
(58)
"Temporary Business Licence" means a valid business licence issued
under this Bylaw to a business that operates for a period of no more than
three consecutive months in a calendar year, including retail stores,
auctions, performances, promotional activities, events or other gatherings
of people;
(59)
"Vending Machine" means any machine or device used for the purpose of
selling, distributing or disposing of any goods, merchandise, cash or
articles or for the purpose of providing music, games, amusement,
newspapers or services of any kind whatsoever, including amusement
machines;
(60)
"Waste" means any material, substance or by-product that is discarded or
unwanted;
(61)
"Waste and Recycling Services" means a business collecting, sorting,
packaging, temporary storage, and preparation for shipment within an
enclosed building, and the shipment from the building, of recyclable
materials, including organics or similar residential or commercial waste,
clothing, empty beverage containers, used electronic goods, paper
products, glass and metal, but excluding automobile wrecking and
storage of damaged vehicles, and includes the payment of deposit
refunds; and
(62)
"Zoning Bylaw" means the City of New Westminster Zoning Bylaw No.
6680, 2001.
1.3.
Reference to a bylaw in this Bylaw is a reference to the bylaw enacted by the City.
1.4.
Reference to an enactment in this Bylaw includes any regulations adopted under
that enactment, and includes any amendments and replacements to that
enactment.
PART 2: GENERAL BUSINESS LICENCE REGULATIONS
Licence Requirements
2.1.
No person shall carry on any business within the City without a valid and subsisting
licence for that type of business.
2.2.
Every person who operates a business at more than one premises shall apply for
and maintain a separate licence in respect of each separate premises, unless a
Mobile Food Vending Licence under the Mobile Food Vending Licence Bylaw No.
7850, 2016 is issued.
2.3.
Every person who operates more than one business or type of business at a single
premises shall apply for and maintain a separate licence for each business or type
of business, as the case may be, that operates at that premises.
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2.4.
Notwithstanding section 2.3, where more than one business or type of business
operate together at a single premises, have the same business ownership and
share common resources such as staff, inventory and equipment, and are, in the
opinion of the Licence Inspector, a similar type of business, the Licence Inspector
may accept a single licence application for that shared business premises.
2.5.
Where a business does not clearly fit into a type of business listed in Appendix B
"Business Licence Fee Schedule", the Licence Inspector shall process the licence
application on the basis of the type of business that is most similar to the
applicant's business.
Licence Exemptions
2.6.
Notwithstanding any other provision of this Bylaw, the following activities do not
require a licence:
(1)
fundraising activities;
(2)
an educational course or program provided by a community or continuing
education facility, or by a school operated pursuant to the School Act,
R.S.B.C. 1996, c. 412, including fundraising activities to support such
programs;
(3)
a garage sale;
(4)
a farmers' market that has obtained a street occupancy permit under the
Street Traffic Bylaw No. 7664, 2015 or through a Special Event Permit;
and
(5)
a Mobile Food Vending business that has a Mobile Food Vending Licence
under the Mobile Food Vending Licence Bylaw No. 7850, 2016.
Temporary Business Licences
2.7.
A person who operates a business for a period of no more than three consecutive
months may apply for a temporary business licence for the business on the form
provided by the Licence Inspector for that purpose and pay the fee specified in
Appendix B of this Bylaw.
2.8.
The temporary business licence shall explicitly state its term of validity and that it is
renewable once.
2.9.
A temporary business licence issued under this Bylaw is subject to every provision
of this Bylaw and every term and condition applicable to that business as stated in
the licence and this Bylaw.
2.10.
Before a temporary business licence expires, the Licence Inspector may convert a
temporary business licence into a business licence in accordance with the
provisions of this Bylaw when the licence holder pays the pro-rated annual fee for
the business specified in Appendix B of this Bylaw.
Licence Applications
2.11.
Every person applying for a new licence under this Bylaw shall:
(1)
complete and sign the form provided by the Licence Inspector for that
purpose and deliver the form to the Licence Inspector;
(2)
pay to the City the non-refundable application fee specified in Appendix B
of this Bylaw; and
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(3)
pay the pro-rated annual fee for that business specified in Appendix B of
this Bylaw.
2.12.
Every applicant for a new licence shall provide the following information to the
Licence Inspector on the application form:
(1)
the name, address, phone number, and valid picture government
identification of the applicant;
(2)
whether the business is a sole proprietorship, partnership, corporation or
other type of organization;
(3)
the operating name, business address, mailing address, phone number,
and email address of the business;
(4)
in the case of a corporation, the corporate number of the corporation and
a copy of the corporation's Certificate of Incorporation and current list of
directors;
(5)
evidence that the applicant owns the business premises, or confirmation
that the property owner(s) of the business premises have provided
permission for the type of use proposed in the licence application;
(6)
a site and floor plan of the business premises, including exterior and
interior spaces, that details the business area of the premises and
indicates the square footage of the premises used for office space, retail
space, commercial space, industrial space, parking area(s) and any other
type of business activity;
(7)
a description of the business operations, including a description of the
activities or services offered by the business, including an indication of
any hazardous materials or activities that are expected to be on site;
(8)
the proposed start date of the business;
(9)
if applicable, the professional registration number or trade qualification
number of the applicant;
(10)
a declaration from the applicant that the business has obtained any
registration, certification, qualification, approval or other requirement that
is required by a public body having jurisdiction over the business or
individuals that carry on activities on behalf of the business;
(11)
reasonable proof of insurance, if insurance is required under this Bylaw or
any other enactment;
(12)
an indication of whether the applicant has had a business licence refused,
revoked, suspended or otherwise denied or terminated by the City or a
another local government in British Columbia in the past;
(13)
in relation to the business premises, an indication whether:
(a)
a sign will be installed and any sign permit number obtained
under the Sign Bylaw, No. 7867, 2017;
(b)
the interior or exterior areas of any building or structure on the
premises will be altered and a description of the alteration;
(c)
another business will operate or operates at the premises and
the name of the other business;
Business Licence Bylaw No. 8473, 2024
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(d)
a child care facility will operate at the premises and the number
of children that may attend the facility and parking stalls for the
premises; and
(e)
a portion of the premises will be subleased;
(14)
if applicable, the type of liquor licence, including any endorsements,
issued to the applicant under the Liquor Control and Licensing Act;
(15)
if applying for the Retail Sale of Cannabis, a person shall provide the
requirements in Appendix A;
(16)
if outdoor storage or shipping containers are or will be present on the
business premises, a site plan of the business premises showing the
following:
(a)
the location and height of all outdoor storage and shipping
containers;
(b)
the setback distance of the location of all outdoor storage and
shipping containers from the property line; and
(c)
the materials or vegetation used, including the height of the
materials or vegetation used, to screen the outdoor storage or
shipping containers;
(17)
if vehicles, trucks or other equipment are or will be stored on the business
premises, a site plan of the business premises showing the location
where the vehicles, trucks and other equipment are or will be stored;
(18)
if applicable, a police information check completed in the last twelve (12)
months in accordance with section 2.16; and
(19)
any additional information the Licence Inspector reasonably requests in
order to assist in determining whether the applicant complies with all
applicable enactments related to that business.
2.13.
If an applicant applies for a licence to operate a business at a premises that is
already actively licensed for another business, the Licence Inspector may waive
requirements to provide information that has already been provided to the Licence
Inspector, including any floor plans or site plans for the premises that have already
been provided.
2.14.
No person shall make any material misrepresentations on the licence application.
2.15.
Any business licence application that has not proceeded within 24 months from
initial submission shall be cancelled.
Requirements for Police Information Checks
2.16.
An applicant for the following types of businesses shall provide an official copy of a
police information check completed in the last twelve (12) months to the Licence
Inspector for all proprietors, partners, directors or officers of the business:
(1)
used automotive dealer;
(2)
pharmacy;
(3)
detox/rehabilitation centre;
(4)
cannabis retail store;
(5)
massage provider;
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(6)
payday loan business;
(7)
secondhand dealer;
(8)
scrap metal dealer; or
(9)
firearms and ammunitions manufacturer, wholesaler or retailer.
2.17.
Upon receipt of a police information check, the Licence Inspector shall make a note
indicating that the individual provided a copy of police information check and the
date the police information check was conducted.
2.18.
If an individual provides a police information check, the Licence Inspector shall
retain a copy of the police information check for a period of at least one year after
the Licence Inspector issues, refuses to issue or suspends a licence because of an
individual's criminal record. After one year has passed, the Licence Inspector shall
dispose of the police information check in accordance with the Freedom of
Information and Protection of Privacy Act but will retain any notes made under this
section.
Issuance of Licences
2.19.
Upon being satisfied that a licence application meets the requirements for issuance
of a licence in this Bylaw, the Licence Inspector may issue a licence.
2.20.
No licence shall be granted unless the Licence Inspector is satisfied on the
information available that:
(1)
the zoning of the business premises permits the business activity;
(2)
the proposed business complies with this Bylaw and all other enactments
that are applicable to the business and its premises; and
(3)
all licence fees, and any outstanding fees or fines owed to the City in
relation to the business, or any other business operated by the same
applicant, including but not limited to property taxes, utility bills, Bylaw
Notices, or any Municipal Ticket Information, have been paid.
2.21.
The Licence Inspector may refuse to issue a licence if the Licence Inspector is not
satisfied that none of the proprietors, partners, directors or officers of the business
have been convicted of an offence of a nature that relates to the health, safety or
welfare of the public, and relates to the:
(1)
business, trade, profession or other occupation for which the application
has been made; or
(2)
geographic location or characteristics under which the business operates.
2.22.
All licences issued under this Bylaw shall:
(1)
be made out in duplicate, with one copy being given to the applicant and
the other retained by the Licence Inspector;
(2)
apply only to the person to whom it was issued and no other person shall
have the right to use such licence; and
(3)
not be transferable under any circumstances.
2.23.
The issuance of a licence is not a representation by the City to the licence holder
or to anyone else that the business complies with all applicable bylaws or other
enactments. The licence holder is wholly responsible for its compliance with all
bylaws and other enactments.
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11
Terms and Conditions of Licences
2.24.
A licence issued under this Bylaw is subject to every term and condition applicable
to that business as stated in the licence and this Bylaw.
2.25.
A licence holder shall comply with all enactments applicable to that business as a
term and condition of their licence.
2.26.
At the time a licence is issued, amended, renewed, or as a term of a licence
suspension, the Licence Inspector may impose terms and conditions with respect
to a licence in relation to:
(1)
the hours of operation of the business;
(2)
the provision of documents related to the business reasonably required by
the Licence Inspector to ensure compliance with a particular provision of a
City bylaw or other enactment;
(3)
the licence holder complying with a particular provision of a City bylaw or
other enactment within a specified period of time; and
(4)
other terms or conditions reasonably related to compliance with this Bylaw
or another applicable enactment.
Licence Holder Obligations
2.27.
Every licence holder shall keep a copy of the licence posted in a conspicuous
place visible to the public in the premises, place or structure in respect of which the
business is carried out or undertaken and for which the licence is issued.
2.28.
No licence holder shall:
(1)
contravene, or permit the contravention of, any term of this Bylaw in
relation to their business; or
(2)
contravene, or permit the contravention of, any term or condition of their
licence; or make, or permit to be made, any material misrepresentation to
the Licence Inspector regarding the business.
2.29.
Unless otherwise permitted through a sign variance, every licence holder, with
respect to the business for which their licence was issued, shall ensure that at
least 80% of the sum of the area of all exterior windows and glass portions of
glazed doors belonging to the business that are along street frontages remains
unobstructed during the operating hours of the business. For clarity, obstructions
include signage, graphics, decals, frosting, decorative railings or grillwork placed
in front of or behind storefront windows or glazed doors, or any other manner of
obscuring such that the interior of the premises is not visible from the exterior.
Inspections and Compliance
2.30.
Subject to section 16 of the Community Charter, municipal officers, employees or
other persons authorized by Council may enter and inspect any premises, related
facilities or vehicles, whether or not a licence has been issued for the premises,
facilities or vehicle, at a reasonable time to inspect and determine whether the
regulations and provisions of this Bylaw, any enactment or a term or condition of
the licence are being complied with.
2.31.
The Licence Inspector or Licence Coordinator may require a licence holder to
provide reasonably available business-related information to ensure the licence
Business Licence Bylaw No. 8473, 2024
12
holder is complying with the regulations or provisions of this Bylaw or a term or
condition of the licence, including, but not limited to, proof of any registration,
certification, qualification or approval that may be required by this Bylaw or by a
federal, provincial or local government enactment with respect to the business or
the activities carried on by an individual as part of the business.
Licence Expiration
2.32.
Unless otherwise explicitly stated on the licence, licences issued under this Bylaw
are valid for the period commencing January 1 and expiring December 31 of each
year.
Licence Renewals
2.33.
Every licence holder applying to renew a licence under this Bylaw shall at the time
of renewing the licence:
(1)
pay to the City the annual fee specified for that business in Appendix B of
this Bylaw on or before December 31 of each calendar year; and
(2)
provide to the Licence Inspector or the Licence Coordinator confirmation
that the licence holder has not made, or is not aware of any changes to a
business.
2.34.
Every licence holder who fails to pay their annual licence fee by the following dates
in a year subsequent to the year in which the fee was payable will have the
corresponding late payment penalty applied to their account:
(1)
If paid after January 31, shall have a late penalty of 10% applied.
(2)
If paid after March 31, shall have a late penalty of 20% applied.
Licence Refunds
2.35.
The City will not grant a refund due to a licence holder ceasing to own or operate
the business during the licence period.
Changes to a Business
2.36.
Change of a business location requires the licence holder to submit a new licence
application for the new business location.
2.37.
No person shall make, cause, or permit to be made any changes to a business for
which the person holds a licence without first:
(1)
submitting to the Licence Inspector or the Licence Coordinator an
updated licence application on the form provided by the Licence Inspector
for that purpose and that is signed by the licence holder;
(2)
paying to the City any amount by which the annual fee would increase as
a result of the change; and
(3)
providing any additional information that the Licence Inspector or the
Licence Coordinator reasonably requests in order to assist in determining
whether the change or changes comply with all applicable enactments
related to the business.
2.38.
The following changes to a business shall be reported to the Licence Inspector or
the Licence Coordinator before the change occurs:
(1)
a change to the contact information of the applicant;
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(2)
a change to the operating name or contact information of the business;
(3)
a change to the partners, directors or officers, as applicable, of the person
who owns the business;
(4)
a change or additions to the types of services provided by the business;
(5)
a structural change to a floor plan or site plan of the business premises,
including a change to outdoor storage or shipping containers or the
storage of vehicles, trucks and other equipment stored on the business
premises;
(6)
a change to a use of an area for parking regardless of whether the
change is temporary or permanent;
(7)
a change to the amount of square footage of the business premises used
for office space, retail space, commercial space, industrial space, and any
other type of business, including vending machines;
(8)
a change to the status of any registration, certification, qualification,
approval or other requirement that is required in relation to the business
by a public body with respect to the business or activities carried on by an
individual as part of the business;
(9)
a change to the number of businesses operating at the premises;
(10)
a change to a liquor licence, including a change to any endorsement or
authorization, issued to the licence holder under the Liquor Control and
Licensing Act;
(11)
a change to a cannabis licence, including a change to any endorsement
or authorization, issued to the licence holder under the Cannabis Control
and Licensing Act, S.B.C. 2018, c. 29;
(12)
a change that would affect the annual fee payable by the licence holder
under Appendix B of this Bylaw; or
(13)
a change to a term or condition on which the licence was issued.
Changes to a Criminal Record
2.39.
If
(1)
a licence holder intends to add a new partner, director or officer to the
business; and
(2)
the new partner, director or officer would have been required under this
Bylaw to provide a police information check to the Licence Inspector to
obtain a licence for the business,
the new partner, director or officer shall provide an official copy of a police
information check completed in the last twelve (12) months to the Licence
Inspector before the new partner, director or officer participates in the business as
a partner, director or officer.
2.40.
If
(1)
an individual was required under this Bylaw to provide a police
information check to the Licence Inspector; and
Business Licence Bylaw No. 8473, 2024
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(2)
the individual is subsequently charged or convicted of an offence that
relates to the health, safety or welfare of the public, and relates to the:
(a) business, trade, profession or occupation for which the licence was
issued; or
(b) geographic location or characteristics under which the business
operates,
the individual shall inform the Licence Inspector immediately and provide, as soon
as reasonably possible, a new official copy of a police information check to the
Licence Inspector.
Issuance of Changed or Renewed Licences
2.41.
Upon being satisfied that an application meets the requirements for changes or
renewal of a licence in this Bylaw, the Licence Inspector or the Licence Coordinator
may change or renew a licence.
2.42.
No licence shall be changed or renewed unless the Licence Inspector or Licence
Coordinator is satisfied on the information available that:
(1)
the zoning of the business premises permits the business activity;
(2)
the licence holder complies with this Bylaw and all other enactments that
are applicable to the business and its premises;
(3)
all of the proprietors, partners, directors or officers of the business have
not been convicted of an offence of a nature that relates to the public
health, safety or welfare, and relates to the:
(a) business, trade, profession or other occupation for which the
application has been made; or
(b) geographic location or characteristics under which the business
operates;
(4)
all licence fees, and any outstanding fees or fines owed to the City in
relation to the business, or any other business operated by the licence
holder have been paid;
(5)
fire protection systems are maintained (e.g. fire alarm, sprinkler system,
standpipe, etc.) as per the BC Fire Code and City of New Westminster
Fire Protection Bylaw No. 6940, 2004;
(6)
annual backflow prevention testing has been submitted; and
(7)
the licence holder declares no change of hazardous materials or
activities taking place within or on the business premises.
Licence Refusals or Suspensions
2.43.
The Licence Inspector may refuse to issue, refuse to renew, or may suspend a
licence if the Licence Inspector is satisfied that:
(1)
the applicant or licence holder is not in compliance with this Bylaw or a
term or condition of the licence applicable to the business;
(2)
the applicant or licence holder violated any other City bylaw or other
enactment;
Business Licence Bylaw No. 8473, 2024
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(3)
the licence holder ceases to meet the lawful requirements to carry on the
business;
(4)
a proprietor, partner, director or officer of the business has been
convicted of an offence of a nature that relates to the health, safety or
welfare of the public, and relates to the:
(a) business, trade, profession or occupation for which the licence
would be issued or was issued; or
(b) geographic location or characteristics under which the business
operates; or
(5)
there are other reasonable grounds for the refusal or suspension.
2.44.
When exercising the authority to refuse to issue, refuse to renew, or suspend a
licence, the Licence Inspector may consider any information available to them in
respect of that business, the applicant or the licence holder provided to them by
another public body in respect of that business, the applicant or licence holder.
2.45.
Before suspending a licence, the Licence Inspector must give the licence holder
notice of the proposed action and an opportunity to be heard.
2.46.
A suspension under section 2.43 is for the period determined by the Licence
Inspector, and the Licence Inspector may impose additional conditions on the
licence that relate to the reasons for the suspension and apply after the period of
suspension.
2.47.
In the case of a suspension of a licence by the Licence Inspector, the Licence
Inspector must notify the holder of the right to a reconsideration by Council.
2.48.
The obligations under sections 2.45 and 2.47 are satisfied if a reasonable effort
was made to mail or otherwise deliver the notices.
2.49.
In the case of a suspension of a licence a suspension notice will be posted on the
property or building wherein such business is being undertaken, stating the
reasons for the suspension.
2.50.
The licence holder, and every other person, shall cease all business immediately
and shall not restart business activities until the provisions of the suspension, this
Bylaw or any other applicable enactment have been complied with and the
suspension has been rescinded in writing by the Licence Inspector.
Appeals to Council
2.51.
An applicant or licence holder who wishes to have Council reconsider the Licence
Inspector's decision to refuse to issue, refuse to renew, refuse to change, or to
suspend a licence shall, within ten business days of the date of the refusal or
suspension, deliver to the Corporate Officer of the City a written request stating
the grounds upon which the request is based.
2.52.
Upon receipt of a written request, the Corporate Officer shall refer a request
made under section 2.51 to a regular or special Council meeting, and notify the
applicant or licence holder of the time and place at which Council will reconsider
the decision of the Licence Inspector.
Business Licence Bylaw No. 8473, 2024
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PART 3: Specific Business Regulations
Adult Entertainment Business
3.1.
No person carrying on the business of an adult entertainment business shall:
(1)
permit any individual to be on the business premises at any time unless
that individual is 19 years of age or older;
(2)
exhibit, or permit to be exhibited, in any window on or about the business
premises any graphic sexual material or sex paraphernalia or related
items;
(3)
permit any graphic sexual material or sex paraphernalia or related items
that are located within the interior of the building to be visible from the
exterior of the building; or
(4)
provide live adult performances unless the applicable adult entertainment
venue licence fee has been paid.
Adult Publications
3.2.
Except for adult entertainment businesses licensed under this Bylaw, no person
carrying on any trade, business or occupation shall display or permit to be
displayed an adult publication.
3.3.
No adult entertainment businesses licensed under this Bylaw shall display or
permit to be displayed an adult publication except as follows:
(1)
no adult publication shall be exhibited in any window or on or about the
business premises; and
(2)
every adult publication shall be placed behind a sheet of opaque covering
which extends for the full length of the shelf on which such adult
publication is placed and which extends vertically for at least eight inches
from the bottom of the shelf.
Animal Services
3.4.
Every person carrying on the business of providing animal services shall provide a
business plan outlining how waste, noise and outdoor space will be
accommodated.
3.5.
Any animal services facility that provides overnight boarding, expect for veterinary
care, shall:
(1)
be limited to 50 animals per site;
(2)
comply with the Canadian Veterinary Medical Association's "Code of
Practice for Canadian Kennel Operations", and "Code of Practice for
Canadian Cattery Operations", as applicable, and Canadian Standards of
Care in Animal Shelters, as amended from time to time;
(3)
have an interior pen not less than 4 square metres (43.06 square feet) in
area for the first animal kept, plus an additional 1.5 square metres (16.15
square feet) for each additional animal kept;
Business Licence Bylaw No. 8473, 2024
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(4)
have an exterior pen not less than 4 square metres (43.06 square feet) in
area for the first dog kept, plus an additional 1.5 square metres (16.15
square feet) for each additional dog kept; and
(5)
ensure all animals be kept indoors overnight.
Bed and Breakfasts
3.6.
Every person carrying on the business of or operating a bed and breakfast shall:
(1)
provide temporary sleeping accommodation of no less than a daily basis
and for no more than a 90 day continuous basis;
(2)
provide a daily breakfast;
(3)
reside at the business premises and be that person's primary residence;
(4)
not provide sleeping accommodation to more than four guests except
that one additional guest is permitted for every 500 square feet (46.45
square metres) of floor space in the dwelling unit over 2,000 square feet
(185.80 square metres), to a maximum of 10 guests;
(5)
not occupy more than one off-street parking or one on-street parking per
bed and breakfast bedroom, provided that not more than two spaces per
every three bed and breakfast bedrooms are occupied;
(6)
operate in either the principal residence or the secondary suite, but not
both;
(7)
not operate within a detached accessory dwelling unit or any other
detached accessory building;
(8)
provide fire alarms in the principal residence unit and the bed and
breakfast unit(s); and
(9)
ensure a fire safety plan is posted in a visible location for guests.
3.7.
Sleeping accommodation shall not be provided to paying guests for less than 90
days within a residential dwelling except as a bed and breakfast or as a boarder
or lodger as permitted in the Zoning Bylaw.
Beverage Container Return Depots
3.8.
Every person carrying on the business of a beverage container return depot shall
have an annual contract with a pest control company licensed under the
Integrated Pest Management Act, S.B.C. 2003, c. 58, to provide pest control
services and have it available for review upon request.
3.9.
No person carrying on the business of a beverage container return depot shall:
(1)
deposit, or permit the deposit, on their premises beverage containers of
any kind unless the beverage containers are deposited in a fully
enclosed building or portion of the building;
(2)
prepare, or permit for preparation, for shipment activities, beverage
containers, including glass breaking, of any kind unless the activities are
conducted in a completely enclosed area not visible from the street;
(3)
store, or permit the storage of, materials or equipment outside the
building or fully enclosed portion of the building used in relation to the
beverage container return depot business; or
Business Licence Bylaw No. 8473, 2024
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(4)
permit any customer service and retail operations to be conducted in any
place other than the front of the building or portion of the building;
Cannabis Production Facility
3.10.
A Cannabis Production Facility shall:
(1)
have all activities related to the production, storage and processing of
cannabis occur within a completely enclosed building; and
(2)
be a licensed producer as per the Cannabis Act (Canada) and operate in
accordance with all conditions of that licence.
Food Service Establishments
3.11.
Every person carrying on the business of, or operating, a food service
establishment shall, at the time of application, submit the following information to
the Licence Inspector or Licence Coordinator:
(1)
the customer seating capacity available; and
(2)
an indication whether a deep-fryer will be or is located on the premises.
Event Promotion Services
3.12.
No person shall promote, advertise, organize, sell tickets or hold an event without
having first obtained an Event Promotion Services licence and paid the prescribed
fee set out in Appendix B.
3.13.
Every person carrying on the business of Event Promotion Services shall ensure:
(1)
procedures are in place to address security, traffic, waste, and emergency
services access;
(2)
sufficient security personnel are present during all times of the event;
(3)
the number of people in the premises does not exceed the maximum
occupant load of the premises at any time; and
(4)
noise, vibration, fire hazard or health hazard that may disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the neighbourhood or
persons in the vicinity are controlled during the event.
Home Based Businesses
3.14.
Every person carrying on the business of operating a home based business shall,
at the time of application, submit the following information to the Licence
Inspector:
(1)
the nature of the business;
(2)
the total gross area of the home;
(3)
the amount of floor space used for the business;
(4)
the number of individuals engaged in the business, resident or non-
resident, and the number of individuals engaged in the business that will
be working at the premises;
(5)
an indication whether merchandise will be sold to the general public and
whether that merchandise will be sold online, at the premises or both;
(6)
whether a child care facility will operate at the home;
Business Licence Bylaw No. 8473, 2024
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(7)
whether there is a secondary suite at the home;
(8)
whether clients will be visiting the home and the frequency of visits;
(9)
acknowledgement that permission from the landlord or strata corporation
to operate a home based business has been provided; and
(10)
a certification that the applicant has read and understood the Zoning
Bylaw.
3.15.
Every person carrying on the business of operating a home based business shall
be operated by a resident of the residential premises where the business is
conducted, except for licensed day cares.
3.16.
Every person carrying on the business of operating a home based business shall
comply with all home based business requirements in the Zoning Bylaw.
3.17.
No more than one non-resident individual may be engaged in one or more home
based businesses at the home. In the case of a house containing a secondary
suite where both dwelling units in the house contain one or more home based
businesses, only one of the two dwelling units may have a non-residential
individual who is engaged in the home based business at the home.
3.18.
No exterior alteration to the appearance of the structure or structures on the
premises may be made to indicate that the premises contains anything other than
a residence, except as noted in section 3.21(4);
3.19.
Every operator of a home based business must first receive permission from the
landlord or strata corporation, if applicable, in order to operate a home based
business.
3.20.
A home based business shall involve only such equipment as is ordinarily
employed in purely domestic use, household use, recreational hobbies or small
office uses, and shall not require upgrading electrical or plumbing systems
beyond the usual for a residential district.
3.21.
A home based business shall not:
(1)
be open to the public for business between the hours of 10:00 p.m. and
7:00 a.m.;
(2)
include any on-site storage of construction materials, hazardous
chemicals or explosives;
(3)
include any unenclosed or exterior storage or display of goods, materials,
components, stock-in-trade, equipment or finished goods; or
(4)
have any external displays, advertisements or signage, except for one
non-illuminated identification sign not to exceed 2.2 square feet (0.2
square metres) indicating the name of the business.
Liquor Licensed Establishments
3.22.
No person carrying on business as a liquor primary licensed establishment with
an "Off-Premises Sales Endorsement" issued under the Liquor Control and
Licensing Act shall offer for sale, or permit to be offered for sale, beer, wine or
any other alcoholic beverage for consumption off of the business premises
between the hours of 11:00 p.m. and 9:00 a.m.
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3.23.
No person carrying on the business of a liquor licensed establishment under a
"Food Primary Licence" issued under the Liquor Control and Licensing Act shall
serve or offer for sale, or permit to be served or offered for sale, any liquor or
alcoholic beverage to an individual who has not also purchased food from the
establishment between the hours of 12:00 midnight and 9:00 a.m.
Massage Providers
3.24.
Every person carrying on the business of, or operating as, a massage provider
shall provide proof to the Licence Inspector that all individuals who provide
therapeutic or relaxation massages are a member in good standing with an
organization that registers massage practitioners, and which offers:
(1)
a code of conduct which governs the required behavior of members;
(2)
a formal complaint or dispute resolution process; and
(3)
an accreditation process for member training or education.
3.25.
Proof of membership with an organization as described in section 3.24 must be
available to the Licence Inspector or their designate upon request.
3.26.
Every person that owns a business that provides services by massage providers
shall, when a massage provider commences their practice with that business,
notify the Licence Inspector that the massage provider has commenced their
practice with the business and shall provide to the Licence Inspector proof of that
massage provider's membership with an organization as described in section
3.24
3.27.
Section 3.24 does not apply to massage therapists (registered).
Massage Therapists (Registered)
3.28.
Every person carrying on the business of, or operating as, a massage therapist
(registered) shall provide proof to the Licence Inspector that all individuals
providing registered massage therapy services at the business are active
registrants of the College of Massage Therapists of British Columbia in
accordance with the Health Professions Act, R.S.B.C. 1996, c. 183.
Pharmacies
3.29.
Every person carrying on the business of or operating a pharmacy, shall provide
the following:
(1)
proof that the owner and manager are in good standing with the College of
Pharmacists;
(2)
the name and registration number of the pharmacy manager;
(3)
the operating hours of the pharmacy;
(4)
the floor plan showing all areas of the pharmacy including the square
footage of the retail area that will be available to the public; and
(5)
a description of addiction treatment services provided on-site, including
the types of addiction that will be treated and including all aspects of
treatment services.
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Postal Box Rental Agencies
3.30.
Every person carrying on the business of or operating a post box rental agency
shall:
(1)
maintain a list of every person that rents, leases, owns or has
possession of a post box on the premises and the contact information of
a person from the business and shall upon request make that list
available for inspection by the Licence Inspector; and
(2)
not rent, lease, sell or otherwise deliver possession of a post box to any
person unless that person has first indicated in writing whether or not
they intend to use the post box for business purposes.
Restrictions on Selling Certain Products
3.31.
No person carrying on a business shall sell or offer for sale, trade, exchange or
barter any of the following products:
(1)
any drug paraphernalia, equipment, supplies, merchandise or any other
thing that is designed, ordinarily used or intended to be used for the
purpose of or in connection with the use, possession, production,
cultivation, manufacture, import, export, storage, preparation or ingestion
of cannabis or any other controlled substance as defined in the
Controlled Drugs and Substances Act, S.C. 1996, c. 19, unless the
business is authorized to sell or offer for sale cannabis or the controlled
substance under a provincial or federal enactment;
(2)
any firearms or replica firearms, ammunition for firearms or replica
firearms or parts for a firearms or a replica firearms unless the business
is authorized to sell or offer for sale such items under a provincial or
federal enactment; and
(3)
shark fins or products derived from shark fins.
3.32.
No person shall sell or offer for sale to the public any live animal including
mammals, birds, fish, and reptiles in a retail store, with the exception of those
animals offered for adoption from a recognized animal rescue society or shelter
organization.
Retail Sale of Cannabis
3.33.
A business licence for the Retail Sale of Cannabis shall only be issued or granted
to an applicant who is the property owner of, or an applicant who holds a valid
lease for, the subject property.
3.34.
Every business permitted to undertake operate a Cannabis Retail Store shall:
(1)
be permitted to sell cannabis and cannabis accessories, despite
provisions elsewhere in this bylaw;
(2)
have a cannabis retail store licence from the Liquor and Cannabis
Regulation Branch;
(3)
remain closed between the hours of 11:00 p.m. and 9:00 a.m.;
(4)
operate in accordance with the security plan submitted to and approved as
outlined in Appendix A of this bylaw;
Business Licence Bylaw No. 8473, 2024
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(5)
be required to maintain a transparent store front which is in compliance
with the materials submitted by the applicant to, and approved by, the
Licence Inspector as outlined in Appendix A of this bylaw;
(6)
provide a monitored security and fire alarm contract, including video
surveillance which includes retention of video data in a secure location for
at least 30 days, satisfactory to the Licence Inspector;
(7)
store all cannabis and other valuables in a secured location or safe when
business is closed;
(8)
have a minimum of two employees on site when the business is open;
(9)
only be operated by staff who:
(a)
are at least 19 years of age;
(b)
have provided a Vulnerable Sector Police Information Check to
the Licence Inspector and who is supported by New Westminster
Police Department;
(c)
are registered with the Liquor and Cannabis Regulation Branch;
and
(d)
have successfully completed all training required by the Liquor
and Cannabis Regulation Branch;
(10)
keep a record of, and provide to the City upon request of the Licence
Inspector, all employee registration numbers with the Liquor Control and
Cannabis Regulation Branch including the dates the registration numbers
expire;
(11)
not permit individuals under 19 years of age on the premises;
(12)
not permit consumption of cannabis on the premises, including sampling
of products;
(13)
not be permitted online sales or home delivery services; and
(14)
not be permitted to advertise in any form, or at any locations, targeted at
individuals under 19 years of age.
Retail Store
3.35.
No person or individual carrying on the business of operating a retail store or
other business shall set or offer for sale, trade, exchange or barter any controlled
substance, controlled substance paraphernalia, cannabis or cannabis
accessories.
Vending Machines
3.36.
The regulations in sections 3.37 to 3.38 do not apply to vending machines that are
located on a premises that is owned or operated by the same business that is
licensed to use the premises.
3.37.
Every person carrying on the business of providing vending machines at different
locations shall obtain a separate licence for each location.
3.38.
An applicant for a licence to carry on the business of providing vending machines
shall, at the time of application, provide the following information to the Licence
Inspector:
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(1)
the number of vending machines owned or operated by the business;
(2)
the type of goods offered in each vending machine; and
(3)
the location of each vending machine.
3.39.
Every person carrying on the business of providing a newspaper vending machine
located on property owned by or vested in the City shall:
(1)
pay a fee specified in the Appendix B of this Bylaw for each such
vending machine; and
(2)
maintain insurance:
(a)
for the benefit of the City against claims for loss or damage to
the vending machines by any and all perils; and
(b)
maintain insurance for the benefit of the City in the amount of
not less than two million dollars ($2,000,000) for personal injury,
death, property damage and third party public liability claims
arising from any accident or occurrence involving the vending
machine on public property.
Recycling and Waste Services
3.40.
No person carrying on the business of providing recycling and waste services shall:
(1)
deposit, or permit the deposit, on their business premises waste of any
kind unless the waste is deposited in a fully enclosed building or
structure; or
(2)
store any sorted, processed, packaged or baled waste on the premises,
other than such quantity of waste as may have accumulated during the
course of a single calendar day's sorting or processing operations,
unless the waste is stored within a shipping container, transportable bin
or similar container.
3.41.
Section 3.40 does not apply to any accumulation of processed wood materials.
PART 4: General Provisions
Offences
4.1.
A person who:
(1)
carries on a business without holding a valid licence for that business;
(2)
obstructs the Licence Inspector, the Licence Coordinator or a Bylaw
Officer from inspecting a business;
(3)
fails to display a valid licence as required by this Bylaw;
(4)
fails to provide any documentation or information as required by this
Bylaw;
(5)
carries on or remains open for business after receiving notice that the
licence for that business has been suspended or cancelled;
(6)
breaches any term or condition of their licence;
(7)
violates any provision of this Bylaw;
Business Licence Bylaw No. 8473, 2024
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(8)
permits a violation of any provision of this Bylaw; or
(9)
refuses or neglects to take action required by any provision of this Bylaw
commits an offence of this Bylaw, and is liable on summary conviction to a fine or
penalty of up to $50,000 for each offence.
4.2.
Each day that a violation is permitted to exist will constitute a separate offence
under this Bylaw.
Severability
4.3.
If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction,
it shall be severed from the Bylaw and the remaining portions shall remain in full
force and effect as if the Bylaw had been enacted without the invalid portion.
Repeal
4.4.
Business Licence Bylaw 5640,1986 and all amendment bylaws are repealed.
Effective Date
4.5.
This Bylaw will come into effect on January 1, 2025.
Adopted November 4, 2024
Appendix A to Business Licence Bylaw No. 8473, 2024
Appendix A: Application Submission Requirements for the Retail Sale of Cannabis
1. Name of applicant(s); and,
a. Where the applicant is a corporation:
i.
Contact information (mailing address, email, phone number)
ii.
Incorporation number
iii.
Date of incorporation
iv.
Business Number (nine-digit number issued by the Canada Revenue Agency)
v.
Register of current directors and officers by:
a. Full legal name
b. Contact information
c. Photo identification
d. Position
e. Date of appointment
vi.
List of voting shareholders by:
a. Full legal name
b. Contact information
c. Photo identification
d. Number of voting shares
vii.
Central Securities Register
viii.
If one of the shareholders is a private corporation, a public corporation, a society
or a partnership, you must submit all the required information for that type of
organization
ix.
Where the applicant is a public corporation, a list of all shareholders with a 10% or
greater interest in the company.
b. Where the applicant is sole proprietor:
i.
Full legal name
ii.
Contact information (mailing address, email, phone number)
iii.
Photo identification
iv.
Date of birth
v.
Business Number (nine-digit number issued by the Canada Revenue Agency).
c. Where the applicant is a partnership:
i.
Name of the partnership
ii.
Contact information (mailing address, email, phone number)
iii.
Business Number (nine-digit number issued by the Canada Revenue Agency)
iv.
Partnership Agreement
v.
List of partners identifying:
a.
Type of partner
b.
Full legal name
c.
Photo identification
d.
Contact information
vi.
If one of the partners is a private corporation, public corporation or society, you
must submit all of the required information for that type of organization
d. Where the applicant is a society:
i.
Contact information (mailing address, email, phone number)
ii.
Business Number (nine-digit number issued by the Canada Revenue Agency)
iii.
Register of all current directors, officers and senior management by:
a.
Full legal name
Appendix A to Business Licence Bylaw No. 8473, 2024
b.
Contact information
c.
Photo identification
d.
Position
e.
Date of appointment
iv.
Society incorporation number
v.
Date of incorporation
vi.
Society's membership lists
2. Police Information Check - Vulnerable Sector for all individuals listed in the subsection
relevant to the proposed business in Section 1.
3. A detailed description of the applicant's current business undertakings, including a
description of the applicant's experience in retail sales in a commercial sector regulated
by Canada or Provinces and Territories (i.e. age restricted sales and/or controlled
substance sales).
4. A detailed description of any enforcement actions or proceedings brought by Canada,
Provinces or Territories, a local government, or an agent or branch of either of them
against the applicant in relation to the past or current business undertakings of all
individuals listed in the subsection relevant to the proposed business in Section 1.
5. A listing and detailing of current and previous business licences held or applied for by all
individuals listed in the subsection relevant to the proposed business in Section 1 with
the City of New Westminster.
6. Proof of application to the Liquor and Cannabis Regulation Branch (LCRB) for a Non-
Medical Cannabis Retail Licence.
Property Information
7. A current title search, including a copy of any 'legal notations' or 'legal encumbrances'
documents registered on title which may affect the development of the site such as
restrictive covenants, right of ways, easements, and other documentation.
8. If an applicant has been assigned to apply on behalf of the owner, a Letter of
Authorization signed by the owner(s) is required.
9. Proof and declaration of ownership or of an interest in the subject property including that
the applicants:
a. own the property or have an agreement to buy it if a rezoning is approved;
b. have a lease on the property or have an agreement to lease it if a rezoning is
i. approved; or
c. have a different property arrangement in place (for example, a sublease or a
property owned or leased in the name of one of the applicant's business
partners).
Business Operation Details
10. A detailed description of the applicants proposed business plan for undertaking the retail
sale of cannabis products for non-medicinal use including a detailed description of the
following:
a. proposed hours of operation;
b. staffing roles and responsibilities;
Appendix A to Business Licence Bylaw No. 8473, 2024
c. proposed plan for ensuring that the retail sale of cannabis products for nonmedicinal
use is in compliance with Federal, Provincial and City regulatory requirements, and
any applicable City bylaws; and
d. a detailed description of how nuisance behavior, such consumption outside the
store, odors from ventilations, etc. is to be mitigated.
11. A security plan prepared by trained security professional who is either a Certified
Protection Professional (CPP) or a Physical Security Professional (PSP), and who
holds a valid business licence or is the employee of a company with a valid business
licence in the City of New Westminster.
The security plan shall:
a. be based on the results of a Security Threat Risk Assessment that includes:
i.
identification of assets;
ii.
specification of loss events;
iii.
assessment of frequency of loss events;
iv.
assessment of impact of loss events;
v.
identification of mitigation options;
vi.
consideration of feasibility of options; and
vii.
implementation of risk mitigation strategies.
b. provide written guidance on the operational security strategies (i.e. policies,
procedures) and physical security strategies (i.e. cameras, access control, safes
and storage systems) in place at the business, both during and after operating
hours, and must include the following:
i.
opening and closing procedures;
ii.
the location and viewing angles of cameras that monitor all entrances
and exits of the business premises;
iii.
the location and viewing angles of cameras that monitor operational
areas inside the business premises;
iv.
the operating procedures for the security (e.g. after hours and duress
alarms) and fire alarm system;
v.
the procedures for retrieving video images and the identification of video
retention periods, with a minimum of 30 days;
vi.
the operational procedures for securing valuables and other assets;
vii.
descriptions of access control systems and associated procedures;
viii.
the operational procedures for responding to security related incidents
(i.e. robbery, theft, vandalism);
ix.
security incident response procedures (i.e. theft, robbery, unruly patron,
threats) with respect to people, property; and
x.
implementation of risk mitigation strategies.
Where the applicant is a public government agency, a detailed description of security
practices and protocols shall be provided instead of a security plan.
12. A Crime Prevention Through Environmental Design (CPTED) analysis prepared by a
qualified practitioner.
13. Evidence of the applicant's ability to obtain bonding and insurance coverage.
Appendix B to Business Licence Bylaw No. 8473, 2024
Appendix B: Business Licence Fee Schedule
1. Licensing Fees Set by Business Type
Business Type
2025 Fee
Adult Entertainment Business - Venue Non-Liquor Licence
$3189.00
Automobile Leasing/Renting
$354.00 (1-5 vehicles)
$712.00 (5+ vehicles)
Fuel Station
$111.00 per nozzle
Services - Beauty
$170.00 (first person)
$26.00 (each additional person)
Bed & Breakfast Accommodation
$209.00
Book or Magazine Agent
$178.00
Cannabis - Retail
$3189.00
Contractor
$178.00 (1-2 employees)
$22.00 (each additional
employee)
Direct Seller
$178.00
Event Promotion Services
$178.00 (1-2 employees)
$22.00 (each additional
employee)
Group Care Facility - child or adult
$0.00
Hall - Rental
* No licence required for a performance, concert, exhibition or
entertainment, the entire proceeds of which are disbursed to non-profit
or religious purposes.
$846.00 (1 year)
$509.00 (1 month)
$255.00 (1 day)
Inter-Municipal Business Licence (IMBL)
Pursuant to Bylaw No. 8475, 2024
$300.00
Laundromat
$146.00 (first machine)
$21.00 (each additional machine)
Liquor Licence - Liquor Primary
$1500.00
Liquor Licence - Liquor Primary Add On Fee for Other Business
$399.00
Liquor Licence - Food Primary Licence Add On Fee
$399.00
Liquor Licence - Patron Participation Add On Fee
$399.00
Liquor Licence - Manufacturer Endorsement Add On Fee
$399.00
Liquor Retail Store
$3189.00
Liquor Licence - Private Club
$0.00
Mobile Food Vending
(Food Truck)
Pursuant to Bylaw No. 7850, 2016
$58.00 (single event)
$209.00 (annual: 1-3 employees)
$304.00 (annual: 4+ employees)
Non-Profit Organization
$0.00
Parking Lot
$254.00
Pool Rooms and Billiard Halls
$67.00 (per table)
$209.00 (minimum fee)
Secondhand Dealer
$352.00
Street Entertainer / Busker
$39.00
Street Vendor
$209.00
Temporary Business Licence
$125.00
Appendix B to Business Licence Bylaw No. 8473, 2024
Business Type
2025 Fee
Theatre
$829.00 (1 year)
$509.00 (1 month)
$255.00 (1 day)
Provided that each screen shall pay a
separate fee.
2. Employee Based Business
Every person carrying on within the City of New Westminster any business, professional
practice, trade, employment, occupation, calling, not herein before enumerated, shall pay to
the City of New Westminster a fee specified as follows plus any applicable taxes:
Number of Employees
2025 Fee
1 - 3
Persons Engaged in the Business
$209.00
4 - 10
Persons Engaged in the Business
$304.00
11 - 25
Persons Engaged in the Business
$577.00
26 - 50
Persons Engaged in the Business
$1152.00
51 - 100
Persons Engaged in the Business
$2347.00
over 100
Persons Engaged in the Business
$3189.00
3. Vending Machines
For any person carrying on the business of operating vending machines the following fees
per machine plus any applicable taxes apply:
Type of Vending Machine
2025 Fee
Confectionery, including beverages
$40.00
Tobacco, cigars or cigarettes
$85.00
Amusement when operated by coins greater than one cent when not
part of an entertainment facility
$60.00
Sale and/or distribution of newspapers
$51.00
Coin operated laundry machines
$18.00
ATM at locations other than at a financial institution
$209.00
Any other vending machine
$40.00
4. Rental Accommodation Fees
For any person carrying on the business of operating apartments, rooming houses, hotels,
lodging houses, rental houses and any other place where rooms are available for rental for
human habitation.
Type of Unit
Property Certified by
the Crime Free Multi
Housing Program
Property not Certified
by the Crime Free Multi
Housing Program
Hotels
$19.00 /unit
Housekeeping / Bachelor unit
$32.00/unit
$38.00/unit
1 Bedroom unit
$48.00/unit
$57.00/unit
2 Bedroom unit
$64.00/unit
$76.00/unit
3 Bedroom unit
$80.00/unit
$95.00/unit
Appendix B to Business Licence Bylaw No. 8473, 2024
5. Commercial Vehicle Fees
For any person carrying on the business of being a carrier of persons or chattels plus any
applicable taxes:
Vehicle Type
2025 Fee
Class "A" - Taxi
Per vehicle:
$150.00 (carbon fuel or hybrid)
$30.00 (zero emission)
$0.00 (accessible)
Plus:
$9.00 per vehicle if also displaying materials
Class "B" - Bus
$89.00 per vehicle
Class "C" - Hearse
$30.00 per vehicle
Class "D" - Limousine
$30.00 per vehicle
Class "F" - Driver Testing/Training Vehicle
$37.00 per vehicle
Class "L" - Accessible Vehicle
$235.00 per vehicle
Class "P" - Pedicab
$37.00 per vehicle
6. Business Licence Application Fees
The business types listed in the table below, shall be required to pay the corresponding non-
refundable application fee upon submission of an application for a business licence.
BUSINESS TYPE
2025 FEE
Business Licence Application (excluding Liquor Primary and Cannabis Retail)
$58.00
Mobile Food Vending (Food Truck) Application (Annual Licence)
$58.00
Cannabis Retail Store Application
$6256.00
Liquor Primary Application (initial application where local government input
required)
$1500.00
Change to existing Liquor Licence where local government input required
$258.00