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BUSINESS LICENSE AND REGULATION BYLAW NO. 21, 2010
(Consolidated for Ease of Public Use)
CONSOLIDATED VERSION INCLUDES:
NRRM Bylaw No. 61, 2011 - Municipal Ticket Amendment Bylaw, No. 61, 2011
NRRM Bylaw No. 70, 2012 - Business License and Regulation Amendment (Licensing
Period Update) Bylaw No.70, 2012
Northern Rockies Regional Municipality
Business License and Regulation Bylaw No. 21, 2010
A bylaw to provide for the licensing and regulation of businesses within the Northern
Rockies Regional Municipality Business License Area.
WHEREAS pursuant to the Community Charter, the Regional Council has the authority
to provide for a system of business licenses, permits and approvals;
AND WHEREAS it is also the purpose of this bylaw to regulate certain trades,
occupations and businesses, to provide for the granting of business licenses, and to fix
and impose license fees in the interest of consumer protection and preventing or
minimizing nuisances and ambiguous business practices.
NOW THEREFORE the Council for the Northern Rockies Regional Municipality in open
meeting assembled enacts as follows:
1.
Citation
This bylaw may be cited as "The Business License Bylaw No. 21, 2010."
2.
Definitions
For the purposes of this bylaw the following definitions shall apply as follows:
"Adult Entertainment Use" means a store that sells, rents, uses or shows an object,
(other than a contraceptive device) commodity, good, material, device, machine,
service or entertainment which is designed or intended to be used in or is a depiction
of a sexual act as defined in the Motion Picture Act Regulations;
"Adult Film Store" means any premises licensed as an adult film retailer under the
Motion Picture Act where adult motion pictures or videos or films that produce or
reproduce adult motion pictures are available for sale, rental or use;
"Adult Oriented Business" means the following businesses: Body-Rub Parlour, Adult
Entertainment Use, Adult Film Store, Escort Service, Exotic Dance Establishment,
Drug Paraphernalia Store, Second Hand Dealer, and Pawnbroker;
"Applicant" means any person who makes application for any license under the
provisions of this bylaw;
"Amusement Hall" means a building or room used for the entertainment of the public
in which electronic video games or pool is played;
"Body Rub" means the manipulating, touching or stimulating by any means, of a
person's body, or part thereof, but does not include medical, therapeutic or cosmetic
massage treatment given by a person duly licensed or registered under any statute
of the Province of British Columbia governing such activities;
"Body-Rub Parlour" means any premises or part thereof where a body rub is
performed, offered or solicited;
"Building" means a Structure having a roof supported by columns or walls used for
the shelter or accommodation of persons, animals, chattels or property of any kind
and having a fixed base on or fixed connection to the ground; includes a Mobile
Home when so affixed;
"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,
but does not include an activity carried on by the Provincial government, by
corporations owned by the Provincial government, or by agencies of the Provincial
government;
"Bylaw Enforcement Officer" means any person employed by the Northern Rockies
Regional Municipality for the purpose of enforcement of municipal bylaws, the
Director of Public Works, the Building Inspector, the City Manager or any staff
appointed by the City Manager, or a member of the Royal Canadian Mounted Police
(RCMP);
"Campground" means any area of land on which any building, hut, cabin, trailer,
tent, or other structure is placed and which is used or intended to be used for the
temporary accommodation of travelers in travel trailers, tent-trailers, tents or similar
transportable accommodation other than Manufactured Homes;
"City Manager" means the person appointed by Council as the Chief Administrative
Officer for the Northern Rockies Regional Municipality or that person's designate;
"Contact Information" means information to enable an individual at a place of
business to be contacted and includes the name, position name or title, business
telephone number, business address, business email or business fax number of the
individual;
"Council" means the elected Council of the Northern Rockies Regional Municipality;
"Dealer" means a second hand dealer or a pawnbroker;
"Director of Finance" means the person appointed by Council as the Director of
Financial Administration or that person's designate;
"Drug Paraphernalia" means any product, equipment, thing or material intended to
promote or be primarily used to produce, process, package, store, inject, ingest,
inhale or otherwise introduce into the human body a controlled substance as defined
in the Controlled Drugs and Substances Act;
"Escort Service" means an escort service business or agency run by a licensee that
charges or receives a fee for providing an escort for social occasions, on an
intermittent or temporary basis, and that takes calls or appointments from customers
wishing the services of an escort, and that may advertise the availability of escorts in
the newspaper, on the internet and elsewhere;
"Escort" means a contractor who, for a fee provides companionship for and by
individuals for profit or personal gain, escorts or accompanies another person on an
intermittent or temporary basis for a social occasion or function but does not mean a
person providing assistance to another person because of that other person's age or
handicap;
"Exotic Dance Establishment" means a club, business or establishment where nude
or partially nude dancers perform for adult audiences;
Floor Area - means the total of the areas of all rooms and passageways contained in
a Building to service customers but shall not include those areas set aside
exclusively for the purpose for use of employees or for cafeterias or restaurants;
"Gaming Centre" means a facility for the purpose of playing or operating games of
chance or of mixed chance and skill on which money can be wagered, and for which
a license has been issued by the Province of British Columbia; includes bingo and
slot machine gaming, and tele-theatre off-track betting;
"Home Occupation" means any home based business, occupation, trade, profession
or craft, including a Bed and Breakfast carried on by an occupant of a residential
building in a dwelling unit for remuneration, as a use secondary to the residential use
of the building and which does not change the character thereof or have any exterior
evidence of such secondary use and does not employ persons other than occupants
of the dwelling unit in which a home occupation is carried on;
"License" means a valid and subsisting business license issued pursuant to this
bylaw;
"Licensee" means a person who holds a valid license;
"License Inspector" means the officials appointed by Council under Section 3 of this
bylaw and includes Building Inspectors, RCMP, and Bylaw Enforcement Officers;
"Manufacturer" means any person who carries on, maintains, owns or operates a
business of processing raw materials to a finished product;
"Mobile store" means a mobile store and mobile vendor business that is carried out
entirely from a motor vehicle or mobile unit that is designed to be or is mobile and
including hand push carts and self-propelled concession stands whereby the entire
stock of goods, wares, merchandise, or foodstuffs offered for sale is actually carried
and contained in the motor vehicle or thing that is designed to be or is mobile at the
time the said goods, wares, merchandise, or foodstuffs are offered for sale and are
delivered to the purchaser at the time of sale;
"Municipality" means the Northern Rockies Regional Municipality;
"Non-Profit Organization" means an organization within the municipality whose
objective is to support or engage in activities of public or private interest without any
commercial or monetary profit, and may include charities or service organizations;
"Pawn" means to deliver personal property to another in pledge, or as security for a
debt or sum borrowed;
"Pawnbroker" means every person who carries on the business of taking goods or
chattels in pawn;
"Peddler" means any person carrying on any undertaking involved with buying or
selling junk or retail goods for the purpose of gain or profit, by selling from a booth,
stall, vehicle, door-to-door or from other than an established place of business within
the municipality;
"Person" means in addition to its ordinary meaning, a partnership, firm, association,
company, society, or corporation and, in the singular, shall mean and include the
plural;
"Persons Engaged in Business" means and includes the owner, proprietor,
assistants, and employees including part-time and casual help employees;
"Premises" means a building, portion of a building or an area of land where a
business is operated;
"Rooming House" means any dwelling in which three (3) rooms or more are let, with
or without board;
"Second Hand Dealer" means a person who carries on the business of buying,
selling, taking in trade, procuring, offering for sale or accepting in pawn second-hand
property, or who operates a second-hand dealer's premises, but does not include an
Auctioneer;
"Second Hand Goods" means goods and chattels which have been previously used
but does not include vehicles or motor vehicle parts.
"Thrift Shop" means a business where donated new or used goods are sold;
3.
Appointment of License Inspectors and Duties
a) The Building Inspector and the Bylaw Enforcement Officers are hereby appointed as
the License Inspectors for this bylaw.
b) The City Manager may, from time to time, appoint a person to be License Inspector
or Assistant License Inspector, whose duty it will be to carry out and enforce the
provisions of this Bylaw.
c) The License Inspector or Assistant License Inspector, is hereby authorized to enter
at reasonable times upon any property, vehicle, or premises for inspection purposes.
d) All fees collected by the License Inspector under this Bylaw shall be paid to the
Director of Finance who shall handle said fees in the manner provided by the Act.
e) The License Inspector shall classify and interpret each application for a Business
License in accordance with the categories listed in Schedule "A" of this bylaw, and
shall charge a fee in accordance with the fees listed in Schedule "A" of this bylaw.
f) The License Inspector may grant a Business License if the License Inspector is
satisfied that the applicant has complied with all applicable bylaws of the Northern
Rockies Regional Municipality, including without limitation bylaws regarding building,
zoning, health, sanitation and business insofar as those bylaws impose
requirements in respect of the business for which the License application is made.
g) The License Inspector or Council on appeal as per Section 18, may refuse an
application for a Business License but
i) the application must not be unreasonably refused; and
ii) the License Inspector or Council, as the case may be, must give reasons for the
refusal.
h) In the case of a refusal by a License Inspector to issue a Business License, the
License Inspector must notify the applicant of the right to appeal the decision of the
License Inspector to the Council.
i) Before suspending or cancelling a Business License, Council must give the holder
notice of the proposed action and an opportunity to be heard.
j) The License Inspector may refuse to issue a Business License if the proposed
business to which the application relates would involve the sale of goods or services
in violation of applicable provincial or federal laws.
l) The Council shall have the authority to suspend or cancel a License pursuant to
section 60(2) of the Community Charter for such period as the Council may deem
appropriate and, in the event of such suspension or cancellation, the Council shall
give notice of the suspension or cancellation to the licensee.
REGULATIONS FOR ISSUING LICENSES
4.
License Required
a) No person shall carry on a business, including home occupations and peddlers,
within the municipality without having first obtained a valid business license in
accordance with this bylaw and having paid the necessary fees in accordance with
Schedule "A" of this bylaw. For the purposes of this bylaw, businesses are classified
in Schedule "A" of this bylaw.
b) The soliciting of sales of any article, commodity or thing, or any agreement for the
provision of any service shall require a Business License issued under the
provisions of this bylaw.
c) Every license granted 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.
d) Every license shall be considered as a personal license to the licensee therein
named and shall not be transferable to any other person.
5.
License Approvals
a) All premises in or upon which the applicant proposes to carry on or conduct any
business, trade, profession or other occupation in respect of which they are required
to hold a license pursuant to the provisions of this Bylaw; shall first be approved by
the License Inspector before any such license is granted; and the applicant shall,
upon request, produce certificates or letters of approval as may be required by
federal, provincial or municipal authorities.
b) An applicant shall, upon request by the License Inspector, produce certificates or
letters of approval, as may be required by Federal, Provincial or Local Government
authorities.
c) When the issuance of a License requires insurance coverage, proof of that
insurance coverage in a form acceptable to the Director of Finance shall be
submitted prior to the issuance of the License.
6.
Licensing Period
a) Except as otherwise provided in this bylaw, Licenses shall be granted for a one-year
period, to commence on the first day of January and terminate on the 31st day of
December in each and every year.
{6. b) Repealed and Replaced by Bylaw No. 70/12}
b) Where a new business commences operation after July 31st of any year, the annual
fee will be reduced by fifty percent (50%).
c) A business premises will be inspected at least once every two years.
7.
License Renewal
a) License holders must renew their business License annually by submitting the
required business License fee prior to the beginning of each licensing period.
b) If any of the information provided on the original application form has changed, the
License holder must provide current information to the municipality prior to having
the License renewed.
c) Where applicable, the licensee must provide the municipality with up-to-date proof of
insurance and proof of certification of the licensee and employees, as required under
the provisions of this bylaw, in order to have the business License renewed and to
carry on business.
8.
Application Forms
a) Every person applying for a Business License shall complete a Business License
Application form, as approved and amended from time to time, by the City Manager.
b) Every person applying for a transfer of Business License shall complete a Business
License Application form, as approved and amended from time to time, by the City
Manager.
c) All application forms must be signed by the business owner or his duly authorized
representative.
d) Where an applicant applies for more than one License, the particulars of each
License applied for shall be included on a separate application form.
9.
False Declarations
a) Any person making an application for a business License shall give true and correct
details for the business that the License is being applied for, on the application form
supplied by the License Inspector. Any false declaration or concealment of material
facts shall be deemed a violation of this bylaw and shall be subject to the penalties
set forth in this bylaw.
10. License Fees
a) Every person carrying on, maintaining, owning or operating a business within the
municipality, including a person requesting the transfer of a License, must pay the
prescribed fee for that business in accordance with Schedule "A" of this bylaw.
b) Paid License fees are non-refundable, except if the application is withdrawn prior to
the issuance of the License or if the issuance of the License is refused.
11. Form of License
a) Every License granted pursuant to this bylaw shall state that the holder is Licensed
to carry on the business stipulated in such License in a lawful manner for the period
specified in the License at the place stated in the License.
12. Display of License
a) Licenses shall be permanently displayed at all times in the business area of the
premises for businesses which have public access. All other businesses shall
produce the business License certificate for public inspection when requested.
13. Separate License
a) Where a business is carried on, in or from more than one premises in the
municipality, the business carried on, in or from each premises shall be deemed to
be a separate business and shall require a separate License.
b) Where there is more than one separate and distinct business category located within
the same premises, each separate and distinct business category shall have a
separate License, unless the same person or persons, and no others, own each of
the separate and distinct businesses.
c) Where there is more than one distinct trade name operating within the same
premises, each trade name shall have a separate License.
d) Where the business is an Escort Agency, in addition to the Agency License, each
individual escort shall require a separate License.
14.
Change of Location, Name or Ownership
a) A Business License is Non-Transferrable. Any person proposing to obtain a transfer
of a business with respect to a change of location, name or ownership shall submit a
new Business License Application as required by this bylaw.
15.
Suspension of License
The License Inspector is authorized to suspend a business License for such period as
the License Inspector may determine, if the holder of a License:
(a) is convicted of an offence indictable in Canada;
(b) is convicted of any offence under any municipal bylaw or Statute of the Province in
respect of the business for which the licensee is Licensed or with respect to the
premises named in that person's License;
(c) has ceased to meet the lawful requirements to carry on the business for which
he/she is Licensed or with respect to the premises named in that person's License.
16.
Notification of Suspension
a) Where a License has been suspended prohibiting the continued operation of the
business from those premises, a "Notice of Suspension" shall be issued in writing to
the licensee by the Bylaw Enforcement Officer outlining the reasons for the
suspension. The "Notice of Suspension" shall be served on the licensee personally
or delivered to the licensee by registered mail to the address of the business shown
on the business License application.
b) A "Notice of Suspension" of a License may be posted by the Bylaw Enforcement
Officer upon the premises for which the License was issued and such notice shall
not be removed until the License is reinstated, the suspended licensee ceases to
occupy the premises, or a new business other than the one carried on by the
licensee is started in the premises.
c) No person shall carry on a business, for which a business License is required by this
bylaw in circumstances where the applicable business License has been suspended
or revoked pursuant to this bylaw.
d) A Notice of Suspension will be issued if in the opinion of the License Inspector, the
holder has conducted the holders' business or performed a service in a manner that
may be harmful or dangerous to the health or safety of a person actually or
apparently under the age of sixteen (16) years, or, has sold, offered for sale,
displayed for sale or distributed to a person actually or apparently under the age of
sixteen (16) years anything that may be harmful or dangerous to the health or safety
of that person actually or apparently under the age of sixteen (16) years.
17.
Revoking License
a) Council may revoke a License for reasonable cause after giving notice to the
licensee and after giving the licensee an opportunity to be heard.
b) The notice and opportunity to be heard, referred to in Section 18 are not required in
the case of a licensee who cannot be located despite reasonable efforts on the part
of the municipality.
c) A "Notice of Revocation," may be posted by the License Inspector upon the
premises for which the License was issued and such notice shall not be removed
until the License is reinstated, the former licensee ceases to occupy the premises, or
a new business other than the one carried on by the licensee is started in the
premises.
18.
Appeal Procedures
a) Any person whose License has been suspended or revoked, or who has been
refused a License or who wishes to appeal the classification as given by the License
Inspector, may appeal to the Council by giving written notice to the City Manager of
his or her intention to appeal. Such appeal shall state the grounds upon which the
appeal is made. Council shall appoint a time and a place for the hearing of the
appeal and may confirm or set aside such decisions made by the Bylaw
Enforcement Officer, as deemed appropriate.
b) A notice of hearing to revoke a License under Section 17 or after a refusal to issue a
License under section 4, or to consider granting of a License under section 4, shall
be made in writing, outlining the time, date, and place of the hearing and the reasons
for Council's consideration of a request to revoke or refuse the License served on
the licensee or delivered to the licensee by registered mail to the address shown on
the application for the License.
19.
Notification of Business Changes
a) Every holder of a License shall promptly notify the License Inspector of any changes
in the mailing business address or change in number of employees.
b) Upon the termination or permanent closure of the business by a licensee, the
licensee shall notify the License Inspector that the applicable License is no longer
required and shall promptly surrender such License to the License Inspector.
20.
Compliance with Bylaws and Other Enactments
a) Where any federal or provincial law or any other enactment applies to any matter
referred to in this bylaw, the issuance of a business License under the provisions of
this bylaw shall not relieve the Licensee from complying with the provisions of such
other enactment.
b) The issuance of a License 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 laws or enactments. The business owner remains responsible
to ensure compliance with all applicable laws and enactments.
c) The Bylaw Enforcement Officer may grant a License where, upon inspection of the
business premises, he or she is satisfied that the applicant has complied with the
bylaws of the municipality regulating building, fire services, zoning, health and
safety, sanitation and business, where applicable to that type of business.
REGULATION OF BUSINESSES
21.
Bed and Breakfast
Every person carrying on the business of or operating a Bed and Breakfast shall:
a) Install and maintain in good working order a fire extinguisher. Such fire extinguisher
is to be mounted in a visible area of the kitchen.
b) Install and maintain in good working order interconnected smoke alarms in each
bedroom and sleeping room in the premises including those occupied solely by the
operator and other permanent residents of the property.
22.
Body- Rub Parlour
Every person or individual carrying on the business of or operating a Body-Rub parlour
or Body-painting studio or individual operating the business of performing Body-Rub
shall:
a) Supply the License Inspector and the Officer In Charge of the Royal Canadian
Mounted Police with name, age, address; proof of name and age; and a description
of every individual employed or engaged in the said business.
b) Notify the License Inspector within seventy-two hours of any change in personnel
employed or engaged in the said business.
c) Not employ any person on the Licensed Premises unless such person is 19 years of
age or older.
d) Not permit any person to be on the licensed premises at any time unless such
person is 19 years of age or older.
e) Must provide a floor plan of the entire premises in the scale and detail as may be
prescribed by the License Inspector, and when any alterations are to be made to the
premises, revised plans must be submitted to the Inspector for approval prior to any
work taking place.
f) Every room, in a Body-Rub Parlour, used for body rub:
i) must not be less than 2.44 meters by 2.44 meters (8 feet by 8 feet) in dimension;
ii) must not be equipped with a locking device on any door to the room;
iii) a room entry door must have a glazed panel
iv) must be visible from the reception area;
v) other than a glazed door providing entrance to the room, must not have any
additional means by which a person may view the interior of the room; and
vi) must be equipped with lighting at all points in the room and which must remain
switched on at all times that the room is occupied or the door is closed.
g) No proprietor of a Body-Rub Parlour will permit any person engaged in providing a
body rub on the premises to perform a body rub unless the person is wearing clean,
washable, non-transparent outer garments covering the body between the neck and
the top of the knee, the sleeves of which do not reach below the elbows.
h) No proprietor of a Body-Rub Parlour will exhibit the proprietors body, or permit other
persons to exhibit their bodies, in any window on, or about the premises, or exhibit
or permit to be exhibited any sign outside of the premises showing any nude male or
female body, or any part of a nude body, or any printed words, or advertisement of
any kind that might indicate that the premises is a place that offers any form of
sexual or nude entertainment.
23.
Carnivals and Circuses
a) Any person seeking a license to hold a carnival or circus must obtain insurance in
the amount of Two Million Dollars ($2,000,000) for personal injury, death and
property damage. The insurance must contain a clause indemnifying the Municipality
from liability in the event of injury or damage being done to any person or property
as a result of any activity or street parade of the carnival or circus. Proof of such
insurance must be submitted to the satisfaction of the Director of Finance or License
Inspector prior to the granting of a license.
b) An inspection certificate from an accredited professional engineer shall be submitted
to the License Inspector before a license shall be granted. The inspection certificate
shall state in precise terms that all machines, rides or equipment used by the public
conform to the acceptable standards and such certificates shall be submitted every
seven days during the term of license or as directed by the License Inspector.
c) A cash bond of Two Thousand Dollars ($2,000) shall be deposited with the Director
of Finance and such bond or part thereof shall be forfeited to the Municipality to pay
for any damages or the cost of any clean-up required during or after the terms of the
license. Such bond or part thereof shall be returned by the Director of Finance upon
notification by the License Inspector that all conditions regarding damages and
clean-up are satisfactory.
24.
Drug Paraphernalia
a) No person carrying on a business shall display or permit to be displayed on a street
or in any window facing a street, or elsewhere where it can be seen by a person
inside or outside the premises, or to the public at large, any drug paraphernalia.
b) No person carrying on a business shall sell drug paraphernalia to any person under
the age of 19 years except where the premises are licensed as a pharmacy under
the Pharmacists Act.
25.
Escort Services
Every person or individual carrying on the business of or operating an Escort Service
shall:
a) Supply the License Inspector and the Officer in Charge of the Royal Canadian
Mounted Police with the name, age, address; proof of name and age; and a
description of every individual employed or engaged in the said business.
b) Notify the License Inspector within seventy-two hours of any change in personnel
employed or engaged in the said business.
c) Maintain to the satisfaction of the License Inspector and the Officer In Charge of the
Royal Canadian Mounted Police a written record of every request to provide or
furnish an escort, or partner giving the name and address of the individual
requesting the service together with the name of the escort, or partner
recommended and the function to be attended.
d) Not employ any person in the said business unless such person is 19 years of age
or older.
Individual escorts are not permitted to provide escort services between the hours of
5:00am and 5:00pm.
26.
Adult Oriented Businesses
a) No proprietor of an Adult Oriented Business shall permit any sign or any window
covering on or outside the premises to show any drawings, pictures or outlines of a
nude male or female body, or any part of a nude body, or display any objects,
materials or devices of a sexual nature or graphics of any objects, materials or
devices of a sexual nature.
b) Every Adult Oriented Business Licensee shall display, in a prominent and
conspicuous location, a sign at each entranceway into the interior of the premises
that contains the words "ADULTS ONLY".
27.
House Calls Restricted
No person in the Municipality shall call at any residence between the hours of 7:00 pm
and 8:00 am for the purpose of selling, soliciting or taking orders for goods, materials,
publications or services of any kind unless previous appointment has been made for
such call.
28.
Mobile Stores
a) A mobile vender shall not conduct the business of a mobile store on municipal public
property.
b) A mobile store or vender shall have written permission of a property owner to
conduct their mobile business on said private property. A copy of written permission
must accompany the business license application.
29.
Second-Hand Dealers and Pawnbrokers ('Dealer')
This section applies to each Dealer who purchases or takes in pawn any second hand
goods.
a) Each Dealer must keep a record on forms approved by the License Inspector to be
known as the "The Register", in which shall be entered in the English language,
written in a plain legible hand or typewritten a record of goods received, purchased,
or taken in exchange.
b) Each entry into the Register must be made at the time of the receipt, exchange, or
purchase or immediately thereafter and shall include in addition to the date of the
purchase, receipt, or exchange, a full description of the article or articles including
the name of the maker and serial number if known or can be ascertained.
c) Each entry into the Register must include the name and address of the person from
whom the purchase was made and an identification number from their Driver's
License, social insurance card, BC identification card or passport.
d) Each Dealer must retain a photocopy of picture identification of the person from
whom the purchase was made, or record and retain a video recording of all
transactions at a location where the transaction takes place.
e) Goods received, purchased or taken in exchange by any Licensed Dealer shall be
treated as purchased and will be so entered in the Register. For greater certainty,
goods which must be entered in the Register are used goods. New goods may not
require listing if they are covered by receipt or invoice, provided however, that the
onus is upon the Licensee to prove that any goods are new.
f) The Register shall be a permanent record and the Dealer must ensure that it is not
mutilated or destroyed. The Second-Hand Dealer's Register shall be open to the
License Inspector for inspection or any Royal Canadian Mounted Police member at
all times during which the business is open and may be removed at any time by
members of the RCMP or the License Inspector for inspection or for use in courts if
necessary.
g) All Dealers must notify the Royal Canadian Mounted Police detachment within
twenty-four hours of purchasing or receiving any used or second-hand goods and
shall not alter the form of or sell, exchange or otherwise dispose of such goods
within seventy-two hours after the hour of purchasing the same. Such notifications to
the RCMP shall consist of the copy of the Second-hand Dealer's Register for the day
in question and must be delivered in person to the police office within the time set
out above.
h) Every person carrying on business as a Dealer shall ensure that that person's
premises are kept in a neat and tidy condition, and without limiting the generality of
the foregoing, shall ensure that no part of the premises that are visible from outside
of the premises are in an unsightly condition.
i) No Dealer shall purchase or receive any goods from any person actually or
apparently under the age of nineteen years.
30.
Addressing
a) All businesses shall be numbered with correct street address, be clearly visible from
the street, in a contrasting color from the background and shall be a minimum of 4
inches high.
31.
Miscellaneous Provisions
a) "Schedule A" Classification and Fees of Business Licenses is attached to and forms
part of this bylaw.
b) This bylaw shall apply to the entire Northern Rockies Regional Municipality and will
incorporate two zones:
i) Zone 1 - identified as the geographic area shown on "Schedule B."
ii) Zone 2 - identified as the geographic area on "Schedule B."
c) All licensing provisions and regulations of this bylaw shall apply only to the Zone 1
municipal building inspection area.
d) The business license fee for those businesses within Zone 2 - is a $25 flat rate.
e) {31. e) Repealed by Bylaw No. 61/11}
f) No person shall obstruct or interfere with the License Inspector or Bylaw
Enforcement Officers in the exercise of the powers under this Bylaw.
32.
Offenses and Penalties
a) Any person who violates or who causes to be violated any of the provisions of this
bylaw, shall be guilty of an offence against the bylaw, and each day that such
violation is caused or allowed to continue shall constitute a separate offence.
b) Any person who contravenes any of the provisions of this bylaw shall be liable to a
fine of not more than Two Thousand Dollars and not less than one hundred dollars
or to imprisonment for a term of not more than six (6) months, or to both a fine and
imprisonment.
{32. c) Repealed and Replaced by Bylaw No. 61/11}
c) This bylaw may be enforced by means of a notice in the form prescribed under the
Local Government Bylaw Notice Enforcement Act.
d)
{32. d) Repealed by Bylaw No. 61/11}
e)
{32. e) Repealed by Bylaw No. 61/11}
33.
Dispute
a) Any person who has been issued a ticket as being in contravention of any provision
of this bylaw and wishes to dispute the allegation, may deliver, have delivered, or
mail a notice of dispute to the Northern Rockies Municipal Office, 5319 - 50th
Avenue South, Fort Nelson BC, V0C 1R0.
b) {33. b) Repealed by Bylaw No. 61/11}
34.
Severability
7.
a)
If any division, section, subsection, sentence, clause or phrase of this
bylaw is for any reason held to be invalid by the decision of a court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the bylaw.
b)
Nothing in this Bylaw relieves a person from complying with any provision
of any federal or provincial law or regulation, other bylaw or any
requirement of any lawful permit, order or license.
35.
Repeals
The Town of Fort Nelson Business License Bylaw No. 612, 2002 is hereby repealed in
its entirety.
READ a first time as amended this 22nd day of March 2010.
READ a second time as amended this 22nd day of March 2010.
Notice Published as per Section 94 of the Community Charter
READ a third time this 12th day of April, 2010
Adopted this 4th day of October, 2010
Bill Streeper, Mayor
Heather Cosman, Corporate Manager
"SCHEDULE A"
Northern Rockies Regional Municipality Business License
and Regulation Bylaw No. 21, 2010
Classifications and Fees of Business Licenses
Except as otherwise provided in this bylaw, the following business license fees are for a one
year period, from January 1 to December 31 in each year and are for each principal or main
business.
Section 1:
Contractors
Fee:
a.
Prime Contractor
From any person carrying on or
engaging in the business of a prime
contractor, who, in the course of the
performance of his/her work engages in
the more than two of the contracting
businesses detailed in subsection (b) of
this section, or utilizes the services of
more than 2 sub-contractors in the
performance of his/her work
$150
b.
Other
Contractor
From any person carrying on or
engaging in any of the following
contracting businesses:
$50
Acoustic/Ceramic
Gas Fitting
Plastering
Blasting
Glass Installation
Plumbing
Brick Laying
Handyman
Refrigeration
Builder
Heating
Road Building
Cement
Insulation
Roofing
Decorating
Land Clearing
Sanitary
Drilling
Masonry
Sheet Metal
Drywaller
Milllwork
Sign Shop
Electrical
Moving
Soil,Sand,Gravel
Excavation
Oilfield
Steaming
Fabricating
Painting
Steel Erection
Flooring
Paving
Vacuum Services
Framing
Pipeline
Wrecking
NRRM Bylaw No. 21, 2010
Page 20 of 25
Section 2
General Offering Services
Fee:
a.
General Offering
Services
From any person carrying on,
conducting or engaging in any general
offering service.
$40
Section 3
Retail Businesses
Fee:
a.
Retail Business
From every person carrying on
business in any retail business
$40
Section 4:
Professional
Fee:
a.
Professional
From each person carrying on,
conducting or engaging in any
professional business.
$100
Section 5:
Manufacturing and Industrial
Fee:
a.
Manufacturing and
Industrial
From each person carrying on any
manufacturing or industrial business.
$100
Section 6:
Rentals and Accommodation
Fee:
a.
Hotel/Motel
From any person carrying on the
business of a hotel or motel.
$40
and $2
per
room
Section 6:
Rentals and Accommodation
Fee:
b.
Apartments
Carrying on the business of renting 3 or
more self-contained apartment units
$40
and $2
per
room
NRRM Bylaw No. 21, 2010
Page 21 of 25
c.
Room House or
Bed and Breakfast
From any person carrying on the
business of letting 3 or more rooms,
with or without board
$40
d.
Trailer Park or
Mobile Home Court
From any person carrying on the
business of renting 3 or more
permanent spaces for trailers or mobile
homes
$40
and $1
per stall
e.
Campground
From any person carrying on the
business of renting permanent
campground spaces to transient
travellers or vacationers
$40
and $1
per stall
Section 7:
Entertainment
Fee:
a.
Pool Rooms and
Billiard Halls
From any person operating or owning
premises where billiard or pool tables
are used for hire or profit
$15 per
table
b.
Bowling Lanes
From any person carrying on the
business of operating and renting
bowling alleys or lanes for profit or hire
$15 per
table
c.
Indoor Courts, and
Batting Cages
From any person carrying on the
business of operating or owning
premises where indoor squash,
racquetball courts and batting cages are
used for profit or hire
$25 per
court/
cage
d.
Amusement and
Theatre Halls
From the proprietor, lessee or manager
or any theatre, concert hall or other
place of entertainment, amusement or
exhibition including Magician shows:
Per year:
Per 6 months:
Per 3 months:
Per day:
$100
$50
$40
$30
e.
Circus, Carnival
Show or Exhibition
From any person carrying on business
or operating a circus, carnival, show or
exhibition
$100
daily
f.
Horse Racing
From every person conducting or
organizing horse races
$25
daily
NRRM Bylaw No. 21, 2010
Page 22 of 25
g.
Trade Show
From every organization conducting a
trade show selling goods and services:
With up to 20 participants:
With up to 30 participants:
30 participants or more:
$75
daily
$150
daily
$250
daily
Section 8:
Financial
Fee:
a.
Banks
From any bank or person carrying on
the business of banking.
$150
b.
Other Financial
Business
From any person carrying on any one of
the following businesses:
Collection Agency
Finance Company
Investment Company
Loan Company
Mortgage Company
Stockbroker
$200
Fee:
c.
Automated Teller
Machines
From any person carrying on the
business or automated teller
machines except at a banking location
$25 per
machine
Section 9:
Licensed Premises
Fee:
a.
Licensed Premises
From every person carrying on the
business of a dining-lounge, dining-
room, lounge, public house, or a
combination of any of them and who
is the possessor of a license issued
pursuant to the Liquor Control and
Licensing Act
$125
Section 10:
Miscellaneous
Fee:
a.
Mobile Home and
Trailer Sales
From every person carrying on the
business of mobile home and/or
trailer sales
$125
NRRM Bylaw No. 21, 2010
Page 23 of 25
**b.
Vending and
Arcade Machines
From every person carrying on the
business of vending or arcade
machines
$5 per
machine
c.
Direct Sales
From every person who carries on
the business of owning, operating or
undertaking direct sales:
$150
Door to Door Sales
Seafood Vendor
Hawker
Other Mobile Venders
Huckster
Produce Vendor (not locally grown)
Mobile Photographer
Pedlar
** a license is not required under this classification if the owner is otherwise licensed in the
Town
Fee:
d.
Transfer of
License Location
Where any license or licenses is or
are transferred from one location to
another
$25
e.
Transfer of
License Owner
Where a sale of a business occurs,
the business may transfer its
license to the new owner
$10
Section 11:
Maximum Cost of License
a.
A business operating under more than one classification,
shall be required to pay only the highest applicable fee.
Section 12:
Adult Oriented Businesses
Fee:
a.
Adult Entertainment Use Store
$500
Adult Film Store
$500
Drug Paraphernalia Store
$500
Escort
$250
b.
Body Rub Parlour
$1500
Escort Service
$1500
Exotic Dace Establishment
$1500
Other Rated Business
$1500
NRRM Bylaw No. 21, 2010
Page 24 of 25
SCHEDULE B"
Geographic Service Area for Business License Bylaw 21, 2010
Zone 1 and Zone 2
1:1.335E+6k M
2.165E+4
4.335E+4
0
Legend
Drawn By:
Dennis Guay
Issue Date:
March 04, 2010
ZONE 1
ZONE 2
NORTHERN ROCKIES REGIONAL MUNICIPALITY
BUSINESS LICENSE BYLAW NO. 21, 2010
SCHEDULE B: ZONE 2
NORTHERN ROCKIES REGIONAL MUNICIPALITY
OLD ALASKA HIGHWAY R/W PLA N H-543
OLD ALASKA HIGHWAY R/W PLAN H-543
Apache Road
Hewitt Road
McConachie Connector
McConachie Road
McConachie Road
McConachie Road
OLD ALASKA HIGHWAY R/W PLAN H-543
Airport Road
AIRPORT CONNECTOR ROAD
Clark/SYD Road Bypass
Cranberry Road
Grouse Trail
NEW ALASKA HIGHWAY
ALASKA HIGHWAY R/W PLAN H-508
Old Simpson Trail
ALASKA HIGHWAY R/W PLAN PGP41504
ALASKA HIGHWAY
ALASKA HIGHWAY
1:200k M
3256
6512
0
Legend
Drawn By:
Dennis Guay
Issue Date:
March 04, 2010
ZONE 1
ZONE 2
NORTHERN ROCKIES REGIONAL MUNICIPALITY
BUSINESS LICENSE BYLAW NO. 21, 2010
SCHEDULE B: ZONE 2
NRRM Bylaw No. 21, 2010
Page 25 of 25
{'Schedule C' Repealed by Bylaw No. 61/11}