This is the exact embedded text of the captured official document.
Snapshot 60ed70acc318 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
VILLAGE OF PEMBERTON
BUSINESS LICENCE BYLAW NO. 855, 2019
Adopted February 19, 2019
OFFICE CONSOLIDATION: October 7, 2025
This document is an office consolidation of the Village of Pemberton Business Licence Bylaw No.
855, 2019 and subsequent amendments adopted by Village Council.
This consolidation has no Council sanction. Amendments have been incorporated for
convenience. For all purposes of interpretation and application that original bylaws should be
consulted. The Village of Pemberton will, in no event, be liable or responsible for damages of any
kind arising out the use of this consolidation.
This is not the official version of the Village of Pemberton Business Licence Bylaw No. 855, 2019,
nor is it admissible in a court of law. For such purposes, official certified copies can be obtained
from the Village office or by contacting us at: [email protected].
List of Amending Bylaws
BYLAW NO.
SECTION
DESCRIPTION
ADOPTED
871, 2019
Part 2
Part 13
Part 19
Schedule A
Definitions
Refusal, Suspension or Cancellation
Business Licence Exemptions
FEES
November 19,
2019
890, 2020
Part 2
Part 5
Part 6
Part 8
Part 9
Part 10
Part 12
Part 13
Part 14
Part 16
Part 17
Part 19
Part 20
Part 24
Fee Schedule
Definitions
Application for Business Licence
Issuing of a Business Licence
Transfer or Change of Business Licence at
the Request of the Business (Renaming)
Period of Business Licence
Business Licence Fees (deleted and
Replaced)
Renewal of Business Licence
Refusal, Suspension or Cancellation of a
Business Licence
Street, Park, Mobile or Temporary Vending
Community Events
Special Events
Business Licence Exemptions
Farmers' Market
Penalties
Schedule A Replaced
November 3,
2021
894, 2021
Part 2
Definitions
April 27, 2021
New sections 2.2 to 2.8
Part 7
Authority to inspect
Fee for follow-up inspections
Part 10
Application processing fee
Parts 27, 28, and 29
Legal wording moved to sections 2.2 to 2.8
Part 30
Renamed to Part 27
Fee Schedule
Schedule A Replaced
905, 2021
Fee Schedule
Definitions amended
Schedule A deleted and fees moved to Fees
and Charges Bylaw.
Schedule B renamed A
Schedule C renamed B
July 27, 2021
934, 2022
2.1
4.4
8.4
8.5
10.8
Part 14
Part 15
17.3
Definitions
Section reworded for clarity
New section: change of ownership or
principal residence, short-term vacation
rental or bed and breakfast
Requirements for a change to a licence
Auxiliary licence not applicable to mobile
vendor licences.
Section reworded for clarity
Section reworded for clarity
Special event vendor licence
August 30,
2022
Schedule A
Deleted
967, 2024
2.1
14.7
Definitions: clarifies bed and breakfast; adds
bed and breakfast inn; replaced definition of
short-term vacation rental.
Section deleted to
984, 2025
2.1
12.1
12.2
12.3, 12.4, 12.5, 12.6
21.3.2, 21.3.3,
21.3.4, 21.3.5
21.6
Terminology change: "short-term vacation
rental" becomes "short-term rental" and
"STVR" becomes "STR" throughout the
bylaw.
Definitions
Replaced
Struck out
New sections inserted
New sections inserted
October 7,
2025
VILLAGE OF PEMBERTON
BYLAW No. 855, 2019
Being a bylaw to provide for licensing of businesses in the Village of Pemberton
WHEREAS pursuant to Section 59 of the Community Charter, Council is empowered to
regulate in relation to business;
AND WHEREAS Council is empowered to provide for granting of business licences, to
fix and impose licence fees and regulate certain trades, occupations and businesses in
the Village of Pemberton;
NOW THEREFORE, the Council of the Village of Pemberton, in open meeting
assembled, ENACTS AS FOLLOWS:
PART 1:
CITATION
1.1.
This bylaw may be cited for all purposes as the "Village of Pemberton Business
Licence Bylaw No. 855, 2019".
PART 2:
INTERPRETATION (Amendment Bylaw No. 894, 202; Amendment Bylaw No. 905,
2021)
2.1. In this Bylaw:
Bed and breakfast means the service of accommodation in the property of a
property host, in exchange for a fee, that is provided to members of the public for a
period of time of less than 90 consecutive days in which a maximum of two (2) bedrooms
are available for accommodation in accordance with section 7.8 of Zoning Bylaw No.
832, 2018. (Amendment Bylaw No, 967, 2024)
Bed and breakfast inn means the service of accommodation in the property of a
property host, in exchange for a fee, that is provided to members of the public for
a period of time of less than 90 consecutive days in which a maximum of five (5)
bedrooms are available for accommodation in accordance with section 7.9 of
Zoning Bylaw No. 832, 2018. (Amendment Bylaw No, 967, 2024)
Building Official means the individual appointed to this role for the Village or their
designate. (Amendment Bylaw No, 894, 2021)
Business means engaging in a trade, occupation, profession, commercial or
industrial activity or an undertaking of any kind; and engaging in a trade,
occupation, profession, commercial or industrial activity or any undertaking of any
kind, but does not include an Employee, or an activity carried on by the Provincial
Government, by corporations owned by the Provincial Government or by agencies
of the Provincial Government.
Business Licence means a licence issued pursuant to this Bylaw.
Business Licence Fee means the annual fee as set out in Schedule 'A'.
Business Name means the name, words, trademark, and/or symbol which a
Business uses to identify, indicate or advertise the Business.
Bylaw Enforcement Officer means a person appointed to that position for the
Village by the Chief Administrative Officer.
Cannabis has the same meaning as in the Cannabis Act (Canada), subject to any
prescribed modifications.
Cannabis Production means the processing, packaging, testing, destroying,
storing or shipping cannabis, or any combination of these, as authorized by a
licence issued under Government of Canada regulations.
Cannabis Retail means the retail sale of non-medical (recreational) cannabis for
consumption off-premises, as authorized under the Cannabis Control and
Licensing Act (British Columbia).
Community Charter means the Community Charter, S.B.C., c26.
Community Event means a public event occurring within the Village of
Pemberton, is sponsored by a bona fide recognized nonprofit organization or a
governmental organization and includes but is not limited to parades, festivals,
celebrations and displays.
Community Group means a type of group or organization that is created and
operates for a specific purpose or to provide a specific service in a community for
the public benefit of the members of the community but does not hold society
status. (Amendment Bylaw No. 871, 2019)
Corporate Officer means the Corporate Officer of the Village.
Council means the Municipal Council of the Village.
Employee means a person who is on the payroll record of a Business, which holds
a business licence, for which Government of Canada payroll tax deductions are
levied by the Business regarding that individual person, and shall also include a
person who obtains no less than 85% of their yearly income from one Business
only.
Farmers' Market means an open air or fully or partly covered market for retail
sales of agricultural products, artisan crafts and locally prepared foods and
beverages sold directly by farmers and artisans to consumers, where a minimum
of 60% of the products sold are agricultural products.
Fees and Charges Bylaw means Village of Pemberton Fees and Charges Bylaw
No. 905, 2021. (Amendment Bylaw No. 905, 2021)
Fire Chief means the individual appointed to this role for the Village or their
designate. (Amendment Bylaw No. 894, 2021)
FOIPPA means the Freedom of Information and Protection of Privacy Act,
R.S.B.C. 1996 c.165.
Food truck means the use of a licensed vehicle, kiosk, or cart equipped with
facilities for the preparation, cooking and serving of food to consumers from a
temporary location, subject to the regulations in the Village of Pemberton Zoning
Bylaw. (Amendment Bylaw No. 934, 2022)
Home exchange means a reciprocal arrangement for a person who offers a right
to use the person's property for accommodation in British Columbia in exchange
for the right to use another person's property. (Amendment Bylaw No, 984, 2025)
Home occupation means the use of a residential dwelling unit by the primary
occupant of the residential unit for a licensed commercial occupation, profession
or craft that is contained entirely within the permitted residential use and conducted
in accordance with the regulations set out in the Village of Pemberton Zoning
Bylaw. (Amendment Bylaw No. 934, 2022)
Independent Contractor for the purposes of this Bylaw means an individual
person who is contracted by the Village to provide services to facilitate a specific
recreation program or assist with a short-term project or event and works as
required. (Amendment Bylaw No. 871, 2019 & Amendment Bylaw No. 890, 2020)
Licence Inspector means the person from time to time duly appointed by the
Chief Administrative Officer as Licence Inspector for the Village of Pemberton.
Mobile commercial vendor means a vendor, holding a valid business licence,
that offers for sale from a mobile store, goods, other than food items for immediate
consumption, otherwise permitted to be sold in the zone in which the mobile store
is located. (Amendment Bylaw No. 934, 2022)
Mobile food vendor means a vendor, holding a valid business licence, that offers
for sale food, confectionary, or beverage from a food truck. (Amendment Bylaw No.
934, 2022)
Mobile store means a stationary vehicle, cart, temporary stall, or kiosk that is not
part of a permanent use on the lot and is used for the sale of goods. (Amendment
Bylaw No. 934, 2022)
MTI Bylaw means the Village of Pemberton Municipal Ticket Information
Utilization Bylaw No. 845, 2018, and as amended from time to time or superceded.
Non-Profit Organization means a club, society, or association that is organized
and operated solely for: social welfare, civic improvement, pleasure or recreation
and any other purpose except profit. (Amendment Bylaw No. 871, 2019)
One-Stop Business Registration means the Provincial Government's online
initiative which enables a Business to register with multiple public agencies in one
step.
Owner means any person who is the registered owner as indicated in the records
of the Kamloops, British Columbia Land Title Office, and includes any person in
actual or apparent possession of Real Property under a lease, licence or other
agreement and includes any authorized representative of the aforesaid.
Person means an individual, corporation, partnership or party, and the personal
or legal representatives of a person, to whom the context can apply according to
law.
Public space means:
(a)
a park or parkland, public space, highway, or any real property or interest
therein within the Village or held by the Village;
(b)
land held under any lease of the foreshore and land covered by water
granted to the Village by Her Majesty the Queen; or
(c)
the forest inside the Village boundary
held or used for pleasure, recreation, or community uses of the public, whether or
not the land is identified by signage or any other device. (Amendment Bylaw No. 934,
2022)
Premises means stores, offices, warehouses, factories, buildings, houses,
enclosures, yards or other places occupied, or capable of being occupied, by a
Business entity for the purpose of carrying on a Business.
Provincial Government means the government of the Province of British
Columbia.
Real Property means land, with or without improvements so affixed to the land as
to make them in fact and law part of it.
Resident Business means a business carried on, in or from premises within the
municipality;
Non-Resident Business means a business, other than a resident business,
carried on within the municipality or with respect to which any work or service is
performed within the municipality;
Off-Street Parking means the use of private land for the parking of motor vehicles
other than on a highway.
Principal Residence means the dwelling where an individual primarily lives,
makes their home and conducts their daily affairs, including, without limitation,
paying bills and receiving mail, and is generally the dwelling unit with the residential
address used on documentation related to billing, identification, taxation and
insurance purposes, including, without limitation, income tax returns, Medical
Services Plan documentation, driver's licenses, personal identification, vehicle
registration and utility bills.
Safety Standards Act means the Safety Standards Act S.B.C. 2003 c.39.
Secondary Suite means a separate dwelling unit which is completely contained
within a detached dwelling, which meets the requirements of the BC Building Code,
and is subordinate in size, extent or purpose to the residential principal building on
the lot upon which the secondary suite is located.
Short-Term Rental Operator means a person who owns or operates a Short-
Term Rental.
Short-term rental means the service of accommodation in the property of a
property host, in exchange for a fee, that is provided to members of the public for
a period of time of less than 90 consecutive days but does not include a home
exchange, bed and breakfast, bed and breakfast inn, hotel, motel, or hostel.
(Amendment Bylaw No, 984, 2025)
Special Event means a Business involving short term or temporary events,
performances, concerts, exhibitions, entertainment or concessions that, except as
provided otherwise in the bylaw, does not exceed seven (7) days with the calendar
year and includes but is not limited to retail sale, auction, Trade Show, flea market,
craft fair, circus or carnival.
Special Event Bylaw means the Village of Pemberton Special Event Bylaw
No.750, 2014, and as amended from time to time or superseded.
Temporary Mobile Commercial Vendor Deleted. (Amendment Bylaw No. 934, 2022)
Ticket Information means a municipal ticket information issued accordance with
the Municipal Ticket Information Bylaw.
Trade Contractor means a home occupation business that provides a service in
a trade designated by the Industry Training Authority BC as a red seal trade or
skilled trade, performed by a certified tradesperson or a registered apprentice
under the supervision of a certified tradesperson. (Amendment Bylaw No. 934, 2022)
Tourism Accommodation means the use of land, buildings, or structures for
providing temporary commercial lodging by visitors for a period not to exceed thirty
(30) consecutive days or 182 days in a twelve (12)-month period, and specifically
excludes Residential occupancy by any person other than the owner and short-
term rental unless specifically permitted in this Bylaw.
Vending Machine means any machine or device operated mechanically or
otherwise by inserting a coin, token or slug, or operated by credit or debit card, for
the sole purpose of selling or dispensing any goods, wares, merchandise, or
dispensing refreshments, convections and food, tobacco products, detergents and
machines or devices providing a service but does not include clothes
washers/dryers.
Village means the Village of Pemberton.
2.2.
In this Bylaw, a reference to an Act refers to a statute of British Columbia and a
reference to any statute, regulation or other enactment refers to that enactment as
amended or replaced from time to time. (Amendment Bylaw No. 894, 2021)
2.3.
Except as otherwise provided in this Bylaw, words and phrases used herein have
the same meanings as in the Community Charter, Local Government Act,
Interpretation Act, and the Zoning Bylaw 832, 2018. (Amendment Bylaw No. 894, 2021)
2.4.
Headings are for convenience only and must not be construed as defining or
limiting the scope or intent. (Amendment Bylaw No. 894, 2021)
2.5.
Words in the singular include the plural, and words in the plural include the
singular. (Amendment Bylaw No. 894, 2021)
2.6.
If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction,
the invalid portion must be severed, and the remainder of the Bylaw continues to
be valid and enforceable. (Amendment Bylaw No. 894, 2021)
2.7.
Nothing in this Bylaw relieves a person from complying with any Federal or
Provincial enactment or any other bylaw or requirement of a permit, order, or
licence. (Amendment Bylaw No. 894, 2021)
2.8.
In the event of inconsistency between a provision of this Bylaw and that of another
enactment, the more restrictive enactment is deemed to apply. (Amendment Bylaw
No. 894, 2021)
PART 3:
ADMINISTRATION
3.1. The Licence Inspector is hereby appointed to administer and carry out the provisions
of this bylaw.
3.2. Words defining responsibilities and authority shall be construed to be an internal
administration direction and not as creating a duty.
PART 4:
AUTHORITY
4.1. The Licence Inspector is authorized to grant, issue, transfer, suspend or cancel a
business licence as herein provided or refuse to grant, issue or transfer a business
licence;
4.2. All Premises from which an applicant for a business licence proposes to carry on or
conduct any Business in respect of which a business licence is required to be held
pursuant to this Bylaw, shall comply with all relevant Bylaws of the Village before a
business licence is granted; and the applicant shall upon request produce such
certificates or letters of approval as may be required by Federal, Provincial or Village
authorities with respect to the Business.
4.3. The Licence Inspector may only issue a business licence if the business licence fee
as set out in the Fees and Charges Bylaw has been paid. (Amendment Bylaw No. 905,
2021)
4.4. The Licence Inspector may require confirmation of approval, in a form satisfactory
to the Licence Inspector, from the Ministry of Health, R.C.M.P., Pemberton Fire
Rescue, or an external agency respecting a business licence application.
(Amendment Bylaw No. 934, 2022)
4.4.1 If the Licence Inspector requires confirmation of approval from Pemberton Fire
Rescue or an external agency respecting a business licence application, the
Licence Inspector must not issue a business licence until such approval has been
received. (Amendment Bylaw No. 934, 2022)
4.4.2 A business licence holder shall immediately notify the Licence Inspector of any
suspension or cancellation of an approval. (Amendment Bylaw No. 934, 2022)
4.4.3 The License Inspector may suspend a business licence pending reinstatement of
approvals. (Amendment Bylaw No. 934, 2022)
4.5. A business licence issued under this Bylaw is not a representation or
acknowledgement by the Village to an applicant or holder of a business licence that
the proposed Business complies with any or all applicable laws or other enactments.
4.6. A person carrying on a business within the Village must at all times comply:
a)
With this Bylaw, other Bylaws of the Village or other local government
having jurisdiction over the business activity, and with any applicable
enactments of the Provincial and Federal governments;
b)
With any and all terms and conditions, restrictions, or limits of a license
issued under this Bylaw and any other applicable enactment;
PART 5:
APPLICATION FOR BUSINESS LICENCE
5.1. Every person applying for a business licence shall complete a business licence
application in a form approved by the Licence Inspector, or if available applying
online on the prescribed application form via the Provincial Government One Stop
Business Registration, provided however an applicant who wishes to apply online
shall also provide the Village with the prescribed business licence fee at the time of
application and with such further information as may be requested by the Village.
(Amendment Bylaw No. 890, 2020)
5.2. Information provided on the business licence application may be subject to Freedom
of Information and Protection of Privacy Act enquiries.
PART 6:
ISSUING OF BUSINESS LICENCE
6.1. Subject to the Community Charter, and unless exempted under Provincial
Government or Federal legislation or specifically exempted under this Bylaw, any
person carrying on Business in the Village, whether a Resident Business or Non-
Resident Business, must first hold a valid and subsisting business licence issued by
the Village.
6.2. No business, person or representative shall advertise, solicit or promote for a
Business activity without first obtaining a business licence.
6.3. A person carrying on a business that does not have a permanent base of operation
within the Village must apply for and obtain a business licence under this bylaw
before advertising, soliciting, promoting or carrying on that business within the
Village. (Amendment Bylaw No. 890, 2020)
6.4
A business may conduct or offer any number of different business activities within
the Business for which the business licence is issued provided however that each
business activity is disclosed and included in the business licence application and
the business licence which is issued indicates that each business activity is
approved
6.5
At the time a business undertakes any new activity that would alter the information
previously provided on the business licence application form, the holder of the
business licence shall notify the Licence Inspector of such change, pursuant to
section 8 of this Bylaw.
PART 7:
INSPECTION OF PREMISES
7.1. Every owner, occupier or business licence holder of any Business in the Village shall
give to the Licence Inspector, Bylaw Enforcement Officer, Building Official, or Fire
Chief, access at any reasonable hour to the premises from which a business is
carried on. (Amendment Bylaw No. 894, 2021)
7.2. The Licence Inspector, Bylaw Enforcement Officer, Building Official, or Fire Chief,
may inspect the premises for which a business licence application is made or a
business licence is issued and such inspection shall be for the purpose of observing
compliance with all applicable bylaws as amended from time to time. (Amendment
Bylaw No. 894, 2021)
7.3. When more than one inspection is required by the Fire Chief to confirm that the
premises are in compliance with all applicable bylaws, a fee, as set out in Schedule
A of this Bylaw, shall be payable, for each additional inspection by the Fire Chief,
prior to issuance of the business licence. (Amendment Bylaw No. 894, 2021)
7.4. When more than one inspection is required by the Building Official to confirm that
the premises are in compliance with all applicable bylaws, a fee, as set out in
Schedule A of this Bylaw, shall be payable, for each additional inspection by the
Building Official, prior to issuance of the business licence. (Amendment Bylaw No. 894,
2021)
PART 8:
TRANSFER OR CHANGE OF BUSINESS LICENCE AT THE REQUEST
OF THE BUSINESS (Amendment Bylaw No. 890, 2020)
8.1.
A holder of a business licence shall notify the License Inspector in writing prior to:
a)
changing the Business Name, phone number and/or fax number, emergency
contact name, mailing address (Business Information);
b)
changing the business owner or business licence holder;
c)
changing the location of the business;
d)
changing or adding to the business;
e)
change to the liquor licence or addition of a liquor licence for the business.
8.2.
With the exception of changes made at the time of renewal of a business licence,
a holder of a business licence shall pay the applicable transfer and change fee.
(Amendment Bylaw No. 905, 2021)
8.3.
Where more than one change is contemplated involving the business owner,
business location or business activities, the existing business licence shall be
deemed to be cancelled and a new business licence application shall be made by
the business licence holder.
8.4.
If a person holding a short-term rental or bed and breakfast business licence sells the
business premises or ceases to maintain the business premises as their principal
residence: (Amendment Bylaw No. 934, 2022)
a)
the licence holder must inform the Licence Inspector of the change of ownership or
the change to the principal residence within seven (7) days of the change
occurring; and
c)
the business licence shall be deemed to be canceled effective the date of the
change.
8.5.
The powers, conditions, requirements, and procedures relating to the granting or refusal
of a business licence apply to an application for a change to a business licence.
(Amendment Bylaw No. 934, 2022)
PART 9:
PERIOD OF BUSINESS LICENCE
9.1.
All Business Licences issued under this Bylaw shall be for the calendar year to
commence the first day of January and will expire on the thirty-first day of
December each year except if a business licence is previously forfeited under this
Bylaw. (Amendment Bylaw No. 890, 2020)
PART 10:
BUSINESS LICENCE FEES (Amendment Bylaw No. 890, 2020)
10.1 An applicant for a business licence must pay to the Village the applicable business
licence fee for that business licence at the time of application and a business
licence is not valid until it has been issued by the Licence Inspector.
10.2. No refund of the annual licence fee shall be made because the licensee ceases to
do business at any time.
10.3. The Village shall refund business licence fees where a business licence application
is withdrawn by the applicant prior to the business licence being issued, or the
business licence application is refused by the Village, less the administration fee.
(Amendment Bylaw No. 905, 2021)
10.4. Despite section 10.3, in the event that an inspection by a Village Official takes
place and the business licence application is refused or withdrawn by the applicant,
a refund of the business licence fee will be issued, less the administration fee and
an inspection fee. (Amendment Bylaw No. 905, 2021)
10.5 An applicant for a new business licence submitting the application between
October 1st and December 31st will pay a reduced licence fee. (Amendment Bylaw
No. 905, 2021)
10.6 An applicant for a cannabis retail business licence or a cannabis production facility
business licence must pay a non-refundable application processing fee before the
business licence application is accepted for review. (Amendment Bylaw No. 894, 2021)
(Amendment Bylaw No. 905, 2021)
10.7 Where a person holding a licence under this bylaw carries on the same business,
under the same business name, at more than one location within the Village, the
fee for licencing for each additional premises is the Auxiliary Business Fee.
(Amendment Bylaw No. 905, 2021)
10.8 Despite Section 10.7, where a person holds a mobile food vendor or mobile
commercial vendor business licence for more than one food truck or mobile store,
the auxiliary business fee does not apply. (Amendment Bylaw No. 934, 2022)
10.9
Fees and charges for services that are or may be provided under this Bylaw shall
be payable as set out in the Fees and Charges Bylaw. (Amendment Bylaw No. 905,
2021)
PART 11:
FORM AND DISPLAY OF LICENCE
11.1. Every business licence issued pursuant to this Bylaw shall be in a form as may be
prescribed by the Licence Inspector from time to time.
11.2. Every Business shall permanently display the current business licence in a
prominent location within the Premises for which the business licence has been
issued. Every person doing business in other than a fixed or permanent place of
Business shall carry such business licence on their person and prior to the
commencement of Business or solicitation shall display the business Licence in
such manner as will allow the business licence to be viewed and read.
PART 12:
RENEWAL OF BUSINESS LICENCE
12.1. A licence holder may apply to renew a business licence by:
a)
paying to the Village the annual fee for that business set out in
Fees and Charges Bylaw No. 905, 2021, and
b)
providing any information which the Licence Inspector reasonably
requests to assist in determining whether the licence may be
renewed
by no later than January 31 of the renewal year. (Amendment Bylaw No. 984, 2025)
12.2 Deleted (Amendment Bylaw No. 984, 2025)
12.3. The Licence Inspector may deny the renewal of a business licence if the
business has failed to comply with a term or condition of the business licence or
with this or any other bylaw of the Village. (Amendment Bylaw No. 984, 2025)
12.4. If a licence holder satisfies the requirements for renewal of the licence indicated
in section 12.1.1 but fails to pay the mandatory fees by January 31 of the renewal
year, the licence holder must pay to the Village the late penalty fee set out in
Fees and Charges Bylaw No. 905, 2021, prior to the Licence Inspector issuing
the renewal. (Amendment Bylaw No. 984, 2025)
12.5. If a licence holder does not satisfy the requirements for renewal of the licence
indicated in section 12.1 before March 31 of the renewal year, the Licence
Inspector may cancel the licence. (Amendment Bylaw No. 984, 2025)
12.6. Despite 12.1, no person shall have a vested right in the continuance or renewal
of a business licence. (Amendment Bylaw No. 984, 2025)
PART 13:
REFUSAL, SUSPENSION OR CANCELLATION OF A BUSINESS
LICENCE
13.1 A Licence Inspector may refuse an application for business licence in any specific
case if the Inspector considers that the proposed operation cannot be carried out
safely and in accordance with this Bylaw or other applicable enactments or laws.
(Amendment Bylaw No. 890, 2020)
13.2. A business licence may be suspended or cancelled by the Licence Inspector for
reasonable cause including, but not limited to, failure to comply with a term or
condition of a business licence or failure to comply with this or any other Bylaw of
the Village.
13.3. Before suspending or canceling a business licence, the Licence Inspector shall
give written notice to the holder of the business licence indicating that the business
licence is suspended or canceled and that the Business must cease operation
within seven (7) days of the date of the written notice. The written notice shall
indicate the reasons for the suspension or cancellation and provide instructions to
the business licence holder for the removal of the suspension or cancellation of
the business licence.
13.4. Written notice of intention to cancel or suspend shall be delivered by registered
mail to the address of the Business and the address of the contact person as
indicated on the business licence application.
13.5. No person shall carry on a business for which a business licence is required by
this Bylaw during a period of suspension of such business licence.
13.6 A person whose business license has been refused, suspended or cancelled by
the Licence Inspector and who intends to appeal such refusal, suspension or
cancellation to the Village of Pemberton Council shall, within ten (10) business
days from the date of suspension or cancellation, inform the Corporate Officer, in
writing, of the intention to appeal such refusal, suspension or cancellation.
(Amendment Bylaw No. 871, 2019)
13.7 The notice of intention to appeal shall state in a concise fashion the grounds upon
which the appeal is based. (Amendment Bylaw No. 871, 2019)
13.8 The Corporate Officer shall refer the matter to the Village of Pemberton Council
for reconsideration. (Amendment Bylaw No. 871, 2019)
PART 14:
MOBILE COMMERCIAL VENDORS AND MOBILE FOOD VENDORS
(Amendment Bylaw No. 934, 2022)
Application Requirements
14.1. A separate business licence is required for each food truck or mobile store
operated by a mobile food vendor or mobile commercial vendor.
14.2. An applicant for a mobile food vendor or mobile commercial vendor business
licence must provide the Licence Inspector with
a)
proof of insurance for the food truck or mobile store;
b)
proof of approval by Pemberton Fire Rescue; and
c)
information as to how the business will comply with the following Village
bylaws:
i.
Wildlife Attractants Bylaw
ii.
Sign Bylaw; and
iii.
Noise Regulation Bylaw
14.3. An applicant for a mobile food vendor business licence must provide the Licence
Inspector with:
a)
proof of approval by Vancouver Coastal Health;
b)
written permission to use washroom facilities on the property or on an
adjacent property;
14.4. An applicant for a mobile food vendor or mobile commercial vendor business
licence to operate on a public space must provide the Licence Inspector with a
copy of the permit, contract, or agreement with the Village authorizing the business
to operate on the public space.
14.5. An applicant for a mobile food vendor or mobile commercial vendor business
licence to operate on private property must provide the Licence Inspector with
written permission from the owner of the property, allowing the food truck or mobile
store to operate on the property.
Operational Requirements
14.6 A mobile food vendor or mobile commercial vendor must:
a)
provide a garbage container at the location of the food truck or mobile store;
b)
pick up all garbage and debris resulting from their operation within 100
meters of their location;
c)
not operate within six (6) metres of a fire hydrant;
d)
not impede pedestrian or motor vehicle traffic; and
e)
ensure that the food truck or mobile store is
i.
is fully self-contained with no service connection other than electrical
service being required; and
ii.
is kept in good repair.
Limit to Number of Business Licences
14.7. Deleted (Amendment Bylaw No, 967, 2024)
PART 15:
HOME OCCUPATIONS
15.1. Deleted (Amendment Bylaw No. 934, 2022).
15.2. A trade contractor business is a type of home occupation business and is subject
to the application and operational requirements of a home occupation business.
(Amendment Bylaw No. 934, 2022).
15.3. A person applying for a home occupation business licence must provide the
Licence Inspector with written authorization from the homeowner to carry on the
business on the premises. (Amendment Bylaw No. 934, 2022).
15.4. A person holding a home occupation business licence is subject to the
operational requirements of a home occupation business set out in Zoning Bylaw
No. 832, 2018. (Amendment Bylaw No. 934, 2022).
PART 16:
COMMUNITY EVENTS
16.1. Organizers of Community Events, where vendors are present, will be required to
obtain a business licence that will cover all vendors participating in the Community
Event and must comply with the Special Events or Open Spaces and Park Use
Bylaw. (Amendment Bylaw No. 871, 2019)
16.2. Where all vendors are businesses that have a current business licence, an
additional business licence is not required for a Community Event.
PART 17:
SPECIAL EVENTS
17.1. Unless otherwise provided herein, every person desirous of holding a Special
Event shall obtain a business licence prior to holding the Special Event. This shall
not apply to Community Events.
17.2. A business licence is not required for a Special Event held at Premises that holds
a valid business licence for a Special Event and the Premises are zoned to hold
Special Events.
17.3. Deleted. (Amendment Bylaw No. 934, 2022).
17.3.1. A vendor participating in a special event must: (Amendment Bylaw No. 934, 2022).
a)
Hold a business licence valid for the duration of the special event; or
b)
Obtain a special event vendor business licence prior to participating in the
event as a vendor.
17.3.2. A vendor participating in a special event must: (Amendment Bylaw No. 934, 2022).
a)
Comply with the operational requirements of a mobile food vendor or mobile
commercial vendor set out in this bylaw, as applicable; and
b)
Comply with all Village bylaws and policies.
17.4. The applicant for a business licence for a Special Event being held shall submit,
along with the business licence application, written authorization from the Village
that the Special Event is in conformance with Special Event Bylaw.
17.5. All machines, rides and equipment to be used by the public at a carnival or circus
must conform to the safety requirements of the Safety Standards Act and all
elevating devices must have the Identification Label provided for under the Safety
Standards Act visibly attached as required.
17.6. Any and all structures that are erected as part of a circus or carnival or music
festival shall be inspected and certified by a structural engineer authorized to
practice in British Columbia.
17.7 Any Business providing Special Events shall comply with the Special Events
Bylaw. (Amendment Bylaw No. 871, 2019)
PART 18:
VENDING MACHINES
18.1. No person owning or occupying any Premises shall keep or permit to be kept
therein or thereon any third-party Vending Machine or bank machine unless the
Vending Machine Business or the bank machine Business holds a business
licence and has paid the appropriate business licence fee for each Vending
Machine or bank machine.
PART 19:
BUSINESS LICENCE EXEMPTIONS (Amendment Bylaw No. 871, 2019)
19.1 The following are not required to obtain a business licence within the Village of
Pemberton:
a) Non-Profit Organization;
b) Community Group;
c) Independent Contractor hired by the Pemberton and District Community Centre
to facilitate an activity, program or support an event run by the Recreation
Services Department or by the Village to assist with a short-term project or
event. (Amendment Bylaw No. 871, 2019)
PART 20:
FARMERS' MARKETS
20.1. Farmers' Markets are required to obtain a business licence that will cover all
vendors participating in the market and will be required to enter into a contract with
the Village and comply with the Special Events or Open Spaces and Park Use
Bylaws. (Amendment Bylaw No. 871, 2019)
PART 21:
SHORT-TERM
RENTAL,
BED
AND
BREAKFAST,
BED
AND
BREAKFAST INN
General Regulations
21.1 The following regulations and requirements apply to a short-term rental (STR), bed
and breakfast (B&B) and bed and breakfast inn (B&B Inn) business: (Amendment
Bylaw No, 967, 2024)
a) A business licence is valid for one (1) dwelling unit only.
b) An operator of an STR, B&B, or B&B Inn shall not advertise the business prior
to the issuance of a business licence for that business.
c) Every advertisement for an STR, B&B, or B&B Inn must disclose, in respect of
the accommodation being advertised,
i.
a valid business licence number;
ii.
the maximum permitted guest occupancy of the accommodation
pursuant to Zoning Bylaw No. 832, 2018;
iii.
the number and location of off-street parking spaces available to
guests and a statement that such number is the maximum number
of vehicles that paying guests of the accommodation are permitted
to bring to the premises; and
iv.
quiet hours pursuant to Noise Regulation Bylaw No. 699, 2012;
d)
The following information shall be provided in a notice visible upon entering a
accommodation unit:
i.
the business licence number for the short-term rental;
ii.
the maximum permitted guest occupancy of the short-term rental
pursuant to Zoning Bylaw No. 832, 2018;
iii.
the number and location of off-street parking spaces available to
guests and a statement that such number is the maximum number
of vehicles that paying guests of the accommodation are permitted
to bring to the premises;
iv.
quiet hours pursuant to Noise Regulation Bylaw No. 699, 2012 as
amended or replaced from time to time; and
v.
the name, address, email and telephone number of the
accommodation operator and the contacts required under s.
21.3.1(c) of this bylaw.
e) For clarification, a requirement of part 21 of this bylaw pertaining to an STR,
B&B, or B&B Inn is an addition to other requirements contained herein that are
generally applicable to a business.
Principal Residence Requirement
21.2. An STR, B&B, or B&B Inn operator must not operate an STR, B&B, or B&B Inn
unless the accommodation is located in: (Amendment Bylaw No, 967, 2024)
a)
the principal residence of the operator;
b)
a secondary suite that is in a detached dwelling where the operator has their
principal residence, or
c)
an accessory dwelling unit located on the property where the operator has
their principal residence.
Application
21.3. A person applying for a business licence for an STR, B&B, or B&B Inn shall, at
the time of applying, in addition to the general requirements under this bylaw,
provide: (Amendment Bylaw No, 967, 2024)
a)
confirmation of ownership of the premises or permission of the property
owner, as applicable;
b)
proof of their principal residence of the property, which may include proof
of homeowner grant, employer-issued pay stubs, voter registration,
documentation showing receipt of provincial or federal government
benefits, or income tax documentation, and a drivers licence or utility bill
alone is insufficient proof of principal residence;
c)
the name, address and telephone number of one or two local contacts, other
than the applicant, as an emergency contact; and
d)
proof of adequate parking pursuant to Zoning Bylaw No. 832, 2018 and a
parking plan.
21.3.1
In considering an application for a business license for an STR, B&B, or B&B
Inn, the licence inspector may consider whether a business licence held by
the applicant has been previously cancelled. (Amendment Bylaw No, 967, 2024)
21.3.2.
When requesting renewal of an STR business licence, in addition to the
requirements set out in section 12.1, a licence holder must submit to the
Licence Inspector proof of short-term rental of the licensed accommodation
for at least twelve (12) nights during the licence period prior to the renewal
year in the form of copies of receipts issued to renters showing the dates of
the rentals and the fees charged. (Amendment Bylaw No. 984, 2025)
21.3.3.
Prior to approving renewal of an STR business licence, the Licence Inspector
shall verify that the accommodation was rented at least twelve (12) nights in
the licence period prior to the renewal year by reviewing the receipts
provided by the licence holder. (Amendment Bylaw No. 984, 2025)
21.3.4.
The Licence Inspector may refuse to renew an STR business licence if they
are not satisfied that the accommodation was rented at least twelve (12)
nights in the licence period prior to the renewal year. (Amendment Bylaw No. 984,
2025)
21.3.5.
The Licence Inspector may reduce or waive the requirement set out in
section 21.3.3. for any STR business licensed to operate for less than six
months in the licence period prior to the renewal year. (Amendment Bylaw No.
984, 2025)
Good Neighbour Agreement
21.4 An applicant for an STR, B&B, or B&B Inn business licence must sign a Good
Neighbour Agreement, in a form approved by the licence inspector, prior to the
business licence being issued. (Amendment Bylaw No, 967, 2024)
21.4.1 The licence inspector may cancel a business licence for a violation of the Good
Neighbour Agreement. (Amendment Bylaw No, 967, 2024)
Short-Term Rental Business Licence Location and Allocation Cap
21.5 Deleted (Amendment Bylaw No, 967, 2024)
21.6 An operator of an STR business shall post in a prominent location on the
premises a decal, supplied by the municipality, indicating that the premises are
licensed as an STR business. (Amendment Bylaw No, 984, 2025)
PART 22:
CANNABIS PRODUCTION
22.1. A person must obtain a business licence before operating the business of cannabis
production.
22.2. Any person applying for a cannabis production business licence shall provide proof
of issuance of a federal licence from Health Canada to the Licence Inspector.
22.3. Any person applying for a cannabis production business licence must provide the
Licence Inspector with the following information, in documented form:
a)
Parking Plan;
b)
Site Plan;
c)
Security Plan;
d)
Sign Plan;
e)
Permission of the owner of the building if the space is rented or leased;
and
f)
Proof of payment of all applicable licence and inspection fees.
Operational Requirements
22.4 A person carrying on the business of cannabis production must install the following
measures in the cannabis production facility for security and safety, and ensure
they are operating and maintained in good working order at all times:
i.
Security systems that meet or exceed the requirements of the Liquor
and Cannabis Regulation Branch (B.C.) as set out in the Cannabis
Retail Store Licence Terms and Conditions Handbook, as amended
from time to time;
ii.
Fire Alarm systems that, when installed or replaced, meet current
CSA standards as approved by the Fire Chief for the Village and that
are monitored at all times;
iii.
Air filtration and odour suppression systems that meet the standards
of the BC Building Code, as approved by the Chief Building Official
for the Village; and
iv.
Any other security measures that the Chief of Police (RCMP) or the
Fire Chief for the Village consider necessary in the circumstances of
a specific facility or premises for public safety or security or fire
safety, as applicable.
PART 23:
CANNABIS RETAIL
23.1. A person must obtain a business licence before operating a cannabis retail
business.
23.2. Any person applying for a cannabis retail business licence shall provide proof of
issuance of a Provincial Licence from the Liquor and Cannabis Regulation
Branch (LCRB).
23.3. Any person applying for a cannabis retail business licence must provide the
Licence Inspector with all of the following information in documented form:
a)
Parking Plan;
b)
Site Plan;
c)
Security Plan;
d)
Sign Plan;
e)
Permission of the owner of the building if the space is rented or leased;
f)
Proof of completion of the LCRB Employee Training Program; and
g)
Proof of payment of all applicable licence and inspection fees.
23.4. Operational Requirements
a)
A person carrying on a cannabis retail business must limit the operation to
the hours of 9:00 a.m. and 9:00 p.m. only.
b)
A person carrying on a cannabis retail business must install the following
measures for security and safety on the business premises, and ensure
they are operating and maintained in good working order at all times:
i.
Security systems that meet or exceed the requirements of the Liquor
and Cannabis Regulation Branch (B.C.) as set out in the Cannabis
Retail Store Licence Terms and Conditions Handbook, as amended
from time to time;
ii.
Fire Alarm systems that, when installed or replaced, meet current
CSA standards as approved by the Fire Chief for the Village and that
are monitored at all times;
iii.
Air filtration and odour suppression systems that meet the standards
of the BC Building Code, as approved by the Chief Building Official
for the Village; and
iv.
Any other security measures that the Chief of Police (RCMP) or the
Fire Chief for the Village consider necessary in the circumstances of
a specific facility or premises for public safety or security or fire
safety, as applicable.
PART 24:
PENALTIES
24.1. Any person who:
a)
contravenes any provision of this bylaw;
b)
causes or allows any act or thing to be done in contravention of any
provision of this bylaw; or
c)
fails or neglects to do anything required to be done by any provision of this
bylaw
commits an offence, and each day that the offence continues constitutes a
separate offence.
24.2 A person found guilty of an offence under this bylaw is liable:
(Amendment Bylaw No. 890, 2020)
a)
If proceedings are brought under the Offence Act (B.C.), to pay a fine to
maximum of $50,000 and such other amounts as the court may impose in
relation to the offence;
b)
If a ticket is issued under the Village of Pemberton Municipal Ticket
Information Utilization Bylaw No. 845, 2018, as amended or replaced from
time to time, to pay a fine to a maximum of $1,000;
c)
If a bylaw notice is issued under the Bylaw Notice Enforcement Bylaw No.
874, 2020, as amended or replaced from time to time, to pay a penalty to a
maximum authorized under that Local Government Bylaw Notice
Enforcement Act.
PART 25:
BYLAW ENFORCEMENT
25.1. The Licence Inspector, their designate from time to time or a Bylaw Enforcement
Officer may enforce the provisions of this Bylaw.
PART 26:
DUTY OF CARE
26.1. This Bylaw does not create any duty of care whatsoever on the Village, its elected
and appointed officials, employees or agents in the respect of:
a)
the issuance of a Business Licence;
b)
inspection made by the Licence Inspector or failure to make an inspection;
and/or
c)
the enforcement of this Bylaw.
PART 27:
SEVERABILITY (Amendment Bylaw No. 894, 2021)
PART 28:
MASCULINE/SINGULAR (Amendment Bylaw No. 894, 2021)
PART 29:
BYLAW SHALL PREVAIL (Amendment Bylaw No. 894, 2021)
PART 27:
REPEAL AND SCHEDULE
27.1. The following bylaw is hereby repealed:
Village of Pemberton Business Licence Bylaw No. 842, 2018
27.2. Despite subsection 27.1 every order made under Business Licence Bylaw No. 842,
2018 and its amendments continue in effect.
27.3. Deleted (Amendment Bylaw No, 967, 2024)
READ A FIRST TIME this 5th day of February, 2019.
READ A SECOND TIME this 5th day of February, 2019.
READ A THIRD TIME this 5th day of February, 2019.
ADOPTED this 19th day of February, 2019.
____________________
____________________________
Mike Richman
Sheena Fraser
Mayor
Corporate Officer
SCHEDULE A
Deleted (Amendment Bylaw No. 905, 2021)
SCHEDULE B
Neighbourhood Allocation Cap Map
Deleted (Amendment Bylaw No, 967, 2024