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DISTRICT OF NORTH SAANICH
BYLAW NO. 1349
CONSOLIDATED FOR CONVENIENCE ONLY
BUSINESS BYLAW
The amending by-laws which have been consolidated into
"District of North Saanich Business Bylaw No. 1349
(2013)" are as follows:
1404, 1438, 1462, 1475, 1514, 1533
as of January 17, 2022
This consolidation of the District of North Saanich Business Bylaw and
amendments have been prepared exclusively for the use by the District of
North Saanich for convenience only.
The District of North Saanich does not represent that this
consolidation is accurate or complete and anyone using this
material should confirm its content by reference to the original
Bylaws.
Bylaw No. 1349
Page 2
DISTRICT OF NORTH SAANICH
B Y L A W N O. 1 3 4 9
A BYLAW RESPECTING LICENSES FOR CARRYING ON
BUSINESS WITHIN THE DISTRICT OF NORTH SAANICH
WHEREAS Section 8 (6) of the Community Charter authorizes the adoption of a Business
License and Business Regulation Bylaw by a Municipality;
NOW THEREFORE Municipal Council of the District of North Saanich, in open meeting
assembled, enacts as follows:
CITATION
1.
This Bylaw may be cited for all purposes as "District of North Saanich Business Bylaw
No. 1349 (2013)."
DEFINITIONS
2.
In this Bylaw,
'ALR cannabis production and sale' means the cultivation, harvesting,
processing, composting, destruction, packaging, storage, distribution, or sale of
cannabis as permitted as a designated farm use under s. 2(2.5) of the Agricultural
Land Reserve Use, Subdivision and Procedure Regulation, BC Reg 171/2002, on land
designated as Agricultural Land Reserve.
'Applicant' means any person who makes an application for a license pursuant to
this bylaw;
'Business' means carrying on a commercial or industrial undertaking of any kind, or
providing professional, personal or other services for the purpose of gain or profit;
BYLAW 1438
'Cannabis' means any part of the cannabis plant including its preparations
and derivatives but does not include: a non-viable seed of a cannabis plant; a
mature stalk of a cannabis plant, without any leaf, flower, seed, or branch, and
fiber derived from such stalks; and the roots of any part of the root of a cannabis
plant.
'Charter' means the Community Charter;
'Council' means the Municipal Council of the District of North Saanich;
BL 1404
BL 1438
BL 1462
Bylaw No. 1349
Page 3
'Daily License' means a one day Business License required for craft fairs, exhibitions
or other itinerant shows or entertainment;
'Garage Sale' means the offering for sale of personal property conducted on a
residential premise for no more than two (2) consecutive days nor more than six (6)
days per calendar year;
'Home Occupation' means an occupation or profession carried on by a resident of a
dwelling unit for consideration, accessory to the residential use of the lot, that does
not change the residential character or appearance of the dwelling unit, building or
lot;
BYLAW 1475
"Inter-community Business"- means a business that performs a service or
activity within more than one Participating Municipality by moving from client to
client rather than having clients come to them, in accordance with Bylaw No. 1474
(Inter-community Business License Bylaw), as amended. This includes but is not
limited to trades, plumbers, electricians, cleaning services, pest control or other
similar businesses. This does not include fruit stands, flea markets, trade shows or
other similar businesses.
BYLAW 1475
"Inter-community Business License" means a business license which authorizes
an Inter-community Business to be carried on within the boundaries of any or all of
the Participating Municipalities in accordance with Bylaw No. 1474 (Inter-
community Business License Bylaw) as amended.
'Intermunicipal Business License Agreement' means the agreement attached to
and forming part of the 'Intermunicipal Business License Agreement Authorization
Bylaw 933' and amendments thereto;
'Intermunicipal License' means a business license issued by the License Inspector
of the District of North Saanich or another participating Municipality, to carry on
business within the boundaries of any participating municipality, and issued
pursuant to the Greater Victoria Intermunicipal Business License Agreement;
'License Inspector' means the Director of Planning and Community Services is
appointed as License Inspector for the Municipality, to collect license fees and to
administer this Bylaw, or designate;
'Municipality' means the District of North Saanich;
'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. For clarity, the office of the business will not be located
within the Municipality;
'Person' means a natural person, his heirs, executors, administrators or assigns and
shall also include a corporation, firm, partnership or proprietorship;
Bylaw No. 1349
Page 4
'Resident Business' means a business carried on, in or from premises in the
Municipality.
GENDER
3.
In this Bylaw, unless the context otherwise requires, masculine gender shall include
the plural or feminine gender, and the converse shall also apply.
REQUIREMENT FOR BUSINESS LICENSE
4.
Every person owning or operating any business carried on within the Municipality
shall hold a valid and subsisting business license issued under this Bylaw and shall
pay in advance to the Municipality the sum specified in the Fees and Charges Bylaw
as amended from time to time;
5.
If a business is carried on in or from more than one premises in the Municipality, the
business carried on from more than one premises in the Municipality is deemed to be
a separate business.
EXEMPTIONS
6.
A business license is not required:
(a)
for any activity carried on by government, it's agencies or government owned
corporations;
(b)
for a garage sale which is conducted on a person's own residential property,
except where sales are conducted on that property more than two (2)
consecutive days or more than six (6) days per calendar year;
(c)
for a charitable, philanthropic or religious organization where the whole of the
proceeds of the activity are used solely for charitable, philanthropic or religious
purposes.
POWER OF COUNCIL TO REFUSE OR REVOKE A BUSINESS LICENSE
7.
A Council may, on affirmative vote of at least two-thirds of its members, refuse in any
particular case to grant the request of an applicant for a business license, but the
granting or renewal of a license must not be unreasonably refused;
8.
A Council may revoke a business license for reasonable cause after giving notice to
the licensee and after giving the licensee an opportunity to be heard.
POWER OF THE LICENSE INSPECTOR
9.
The License Inspector shall have the power to grant, issue or transfer licenses as
hereinafter provided and subject to the provisions of the Charter.
BL 1514
Bylaw No. 1349
Page 5
10.
The License Inspector is hereby authorized to modify the forms prescribed as deemed
necessary.
APPLICATION, RENEWAL AND TRANSFER
11.
Every person applying for a business license shall complete the application forms
supplied by the License Inspector for such purpose;
12.
An application for the first time, or for a transfer of a business license, shall be signed
by the owner or operator of the business or his duly authorized agent, provided that
in the case of partnerships or multiple owners, any one of such partners or owners
may apply and such partner or owner shall be deemed to be duly authorized by all the
partners or owners;
13.
The application form shall be delivered to the License Inspector and the fee, in respect
of which the application is made, shall be paid upon the issuance of the license. The
classification of the business shall be determined by the License Inspector;
14.
The categories of Business set out in Schedule 'A' of this bylaw are established as
categories of Business for the purposes of this bylaw.
15.
Every person holding a business license shall notify the License Inspector in writing
within 30 (thirty) days of any changes in the mailing or business address, the
classification of the business, area of premises, alterations of the premises in which
the business is carried out, and upon termination of the business, shall notify the
License Inspector that the license is no longer required and shall surrender the license
to the License Inspector;
16.
Provided that there has been no change in any of the particulars of the business as
noted on the original application form, an application form is not required to renew a
business license;
17.
Every licensee, before changing his place of business within the Municipality, shall
obtain a transfer of his business license. On the making of the application and
payment of the sum outlined in the Fees and Charges Bylaw as amended from time
to time and proof to the satisfaction of the License Inspector that the premises to
which the applicant wishes to transfer meet the requirements of the Bylaws and
regulations governing buildings, zoning, health and sanitation, the License Inspector
shall approve the transfer;
18.
No person shall carry on a business for which a license is required by this Bylaw
during the period of suspension or revocation of such license.
ELIGIBILITY
BYLAW 1438
19.
Every applicant or person holding a business licence must ensure compliance with all
federal and provincial laws and regulations, including bylaws. The issuance of a
BL 1514
BL 1514
Bylaw No. 1349
Page 6
licence by the municipality to the licensee is not a representation of any kind that a
business is compliant with any federal, provincial or other laws.
20.
The License Inspector may require the applicant to submit letters or certificates of
approval from appropriate public authorities having jurisdiction over the carrying on
of a particular class of business or the carrying on of a business from a particular
premises prior to the issuance of the business license.
TERM AND APPLICABILITY
21.
Business licenses shall be issued for a one-year period commencing on the first day of
January and terminating on the thirty-first day of December in each and every year.
The annual license fee specified in the Fees and Charges Bylaw as amended from time
to time shall be reduced by one-half in respect of a business that becomes liable to be
licensed after the thirty-first day of July in any year
22.
The holder of a license must renew that license within the first two (2) calendar
months (January, February) after its expiry date each year that such business is being
carried on.
23.
24.
The period for a license with respect to a craft fair, exhibition or other itinerant show
or entertainment, when held elsewhere than in a licensed theatre or other licensed
place, shall be one day and the application shall be for a Daily License;
25.
No business license fee or part thereof shall be refundable;
26.
Every business license issued pursuant to this Bylaw shall state that the holder is
licensed to carry on the business stipulated therein in a lawful manner for the period
specified at the premises stated;
27.
Every business license issued pursuant to this Bylaw shall be deemed to be a personal
license to the licensee therein named and, where applicable, shall be valid only for the
premises therein named;
28.
Every person in charge or control of premises where a business is carried on or
practiced shall at all times keep the License prominently displayed in the reception
or service area to which the public has access.
SIDEWALK OR BOULEVARD PROHIBITION
29.
No business shall operate on Municipal sidewalks or boulevards without the consent
of Council.
BL 1514
BL 1514
Bylaw No. 1349
Page 7
OBLIGATION TO COMPLY
30.
Every person required to be licensed under this Bylaw shall permit access by the
License Inspector or any Police Officer at all reasonable times to the premises at which
the licensed business is being carried on, for the purposes of ascertaining compliance
with the provisions of this Bylaw and of the Act;
31.
Every person required to be licensed under this Bylaw and every person in charge of
a business requiring a license shall, on demand of any License Inspector or any Police
Officer, produce and show to such Inspector or Police Officer the license he is required
to hold, or give satisfactory proof that such a license has been obtained.
DEBT FOR OUTSTANDING FEES
32.
Every business license fee payable by any person pursuant to the provisions of this
Bylaw shall be a debt due by that person to the Municipality, which shall be
recoverable together with any costs in any Court of competent jurisdiction.
VIOLATION
33.
A person who contravenes this Bylaw by doing an act that it forbids, or by omitting to
do an act that it requires to be done, commits an offence and is liable, upon summary
conviction, to a fine of not less than two hundred dollars ($200.00) and not more than
ten thousand dollars ($10,000.00), plus costs, and where the conviction is for carrying
on a business for which a license is required without holding a valid and subsisting
license for the business, then the amount which should have been paid for the license,
where a license may be issued, shall be added to the said fine and shall form part of
the fine.
SEVERABILITY
34.
If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason
found invalid by decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Bylaw.
REPEAL
35.
District of North Saanich "Business License Bylaw No. 898 (1998)" and all its
amendments are hereby repealed.
READ A FIRST TIME the 2nd day of December, 2013.
READ A SECOND TIME the 2nd day of December, 2013.
READ A THIRD TIME the 2nd day of December, 2013.
FINALLY ADOPTED the 16th day of December, 2013
Bylaw No. 1349
Page 8
Signed by Mayor Alice Finall
MAYOR
Signed by Curt Kingsley
CORPORATE OFFICER
Bylaw No. 1349
Page 9
BYLAW 1404
BYLAW 1438
BYLAW 1475
BYLAW 1514
Bylaw No. 1349
Page 10
Schedule 'A'
Business Categories:
1) Home Based Business including Bed and Breakfast
2) Intermunicipal
3) Commercial - Small 500 m2 (5382 sq. ft.) or less of gross area used for business
4) Commercial - Large Over 500 m2 (5382 sq. ft.) of gross area used for business
5) Winery, including the business of a winery, distillery, brewery or the storage, bottling
or distributing of alcoholic liquors
6) Non - Resident
7) Daily - per day
8) Business Licence transfer
9) ALR cannabis production and sale
10) Inter-community
BL 1533