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The Corporation of the City of Penticton
Bylaw No. 2026-01
A bylaw to provide for licencing of businesses in the City of Penticton
WHEREAS pursuant to the Community Charter, Council is empowered to regulate in relation to
business;
AND WHEREAS Council is empowered to provide for the granting of business licences, to fix and
impose licence fees and to regulate certain trades, occupations and businesses in the City of
Penticton;
NOW THEREFORE the Municipal Council of The Corporation of the City of Penticton in open meeting
assembled ENACTS as follows:
1. Citation
This Bylaw may be cited for all purposes as "Business License Bylaw No. 2026-01 ."
2. Definitions
For the purpose of this Bylaw, unless the context otherwise requires, the following definitions shall
apply and all definitions contained in the Zoning Bylaw shall apply to this Bylaw in the same
manner as if they were set out herein.
BUSINESS means engaging in a trade, occupation, profession, commercial or industrial activity or
undertaking of any kind 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.
BUSINESS LICENCE means a licence issued pursuant to this Bylaw.
BUSINESS LICENCE FEE means the annual fee as set out in the Fees and Charges Bylaw, which
each Business must pay to the City for each Business Licence.
BUSINESS NAME means the name, words, trademark, and/or symbol which a Business uses to
identify, indicate or advertise the Business.
CANNABIS RETAIL STORE means a business selling cannabis products through a storefront with
a 'cannabis retail store' license issued from the BC Liquor and Cannabis Regulation Branch.
GENERAL MANAGER OF DEVELOPMENT SERVICES or MANAGER means the person assigned
to that position by the City or their designate responsible for acting in their place.
FEES AND CHARGES BYLAW means the City of Penticton Fees and Charges Bylaw 2014-07 as
amended or superseded.
LICENCE INSPECTOR means the person from time to time duly appointed as Licence Inspector
for the City of Penticton, any person acting in that capacity, and includes the Manager, Building
Official, Property and License Inspector, and Building Licencing Clerk.
MOBILE VENDING UNIT means a self-contained mobile unit not exceeding 20 m2 in ground
coverage, intended to be moved from location to location, for the purpose of offering for sale
food or retail products.
OUTDOOR MARKET means a temporary use where groups of individual sellers offer new and
used goods, crafts or produce for sale directly to the public. This may consist of vendors that
include liquor sales and/or tasting within an outdoor market in accordance with the requirements
of the BC Liquor and Cannabis Regulation Branch (LCRB).
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.
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.
PRINCIPAL RESIDENCE means the residence in which an individual resides for at least 185 days
per calendar year, established to the satisfaction of the City, including by one or more of the
following types of records: identification, driver's licence, insurance, bills, taxation, vehicle
registration, utility bills, home owner grant.
PROCEDURE BYLAW means the Council Procedure Bylaw No. 2018-35 as amended or
superseded.
SPECIAL EVENT means short term or temporary events, performances, concerts, exhibitions,
entertainment or concessions, such as retail sale, auction, trade show, flea market, craft fair, circus
or carnival, held at premises that do not have an existing Business Licence that permits the event.
SHORT TERM RENTAL means the rental of all or a portion of a dwelling unit to the vacationing
public for a period of 90 days or less to a maximum of eight (8) guests.
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 providing music, and includes machines or
devices dispensing refreshments, convections and food, tobacco products, detergents and
machines or devices providing a service but does not include clothes washers/dryers.
ZONING BYLAW means the City of Penticton Zoning Bylaw No. 2024-22 as amended or superseded.
Business Licence Bylaw No. 2026-01
Page 2 of 10
3. Business Licence Requirements
3.1
Any person carrying on business in the City must first hold a valid and subsisting
business licence issued by the City.
3.2
No business or person shall advertise, solicit or promote for a business activity without
first obtaining a business licence.
3.3
Except as outlined hereafter, where a business is carried on in or from more than one
premises within the boundaries of the City, each premise shall be deemed to be a
separate business and shall require a separate business licence in respect of each said
separate premises, where a business is conducted on two or more premises separated
by a roadway and/or conducted on two or more contiguous properties, such business
shall be considered as conducting its business on one premises only, and only one
business licence shall be required.
3.4
A business shall only be carried on at the premises for which the business licence has
been issued.
3.5
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, and a new business licence
may be required for the new activity as determined by the Licence Inspector.
4. Authority
4.1
The Licence Inspector is authorized to grant, issue, transfer, suspend or cancel a
business licence.
4.2
The Manager is authorized to grant, issue, transfer, suspend or cancel a business licence
and to refuse to grant, issue or transfer a business licence.
4.3
The Licence Inspector or Manager may only grant or issue a business licence if the
business licence fee has been paid.
4.4
All premises from which an applicant for a business licence proposes to carry on or
conduct any business in respect of which a business license is required to be held
pursuant to this Bylaw shall comply with all relevant Bylaws of the City before a business
licence is granted.
4.5
An applicant for a business licence shall upon request produce such certificates or letters
of approval as may be required by Federal, Provincial or City authorities with respect to
the business.
Business Licence Bylaw No. 2026-01
Page 3 of 10
4.6
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. or the City Fire Department
respecting a business licence application and in such cases:
4.6.1
the Licence Inspector must not issue such business licence until they have
received such approvals; and
4.6.2
a business licence holder shall immediately notify the Licence Inspector of any
suspension or cancellation for any such approvals.
4.7
A business licence issued under this bylaw is not a representation or acknowledgement
by the City to an applicant or holder of a business licence that the proposed business
complies with any or all applicable laws or other enactments.
5. Application for Business Licence
5.1
Every person applying for a business licence shall complete the business licence
application form provided by the Licence Inspector or apply online on the prescribed
application form.
5.2
No person shall provide incorrect or misleading information on an application for a
licence.
5.3
If a person submits a licence application and additional information or documentation is
required by the Licence Inspector, the person shall supply all required information and
documentation within thirty (30) days of the request made by the Licence Inspector,
after which time the application may be refused and a new application for a licence must
be submitted.
6. Inspection of Premises
6.1
Every owner, occupier or business licence holder of any business in the City shall give
to the Licence Inspector and to such persons as the Licence Inspector may designate
from time to time such access at any reasonable hour to such premises from which such
business is carried on or any part thereof and such information with respect thereto as
may be reasonably required to enable inspections of the premises.
6.2
The Licence Inspector may inspect the premises for which a business licence
application is made or a business licence is issued.
7. Transfer, Change or Cancellation of Business Licence at the Request of the Business
7.1
A holder of a business license shall notify the Licence Inspector in writing prior to:
7.1.1
closing the business;
7.1.2
changing the business name, phone number, emergency contact name, or
mailing address (business information);
7.1.3
changing the business owner or business licence holder;
7.1.4
changing a liquor licence or adding a liquor licence for the business.
Business Licence Bylaw No. 2026-01
Page 4 of 10
7.2
a holder of a business licence shall pay the applicable transfer and change fee as set out
in the Fees and Charges Bylaw.
7.3
Where more than one change is contemplated involving the business owner or business
type, the existing business licence shall be deemed to be cancelled and a new business
licence application shall be made.
7.4
Where a change in the location of the business or the type of business being carried out
is contemplated, a new business licence application shall be made.
8. Period of Business Licence
8.1
All business licences issued under this Bylaw shall be for the anniversary year and will
expire on the last day of the month in the subsequent year of issuance except if:
8.1.1
a business licence is previously forfeited under this Bylaw;
8.1.2
a business licence is issued on a daily, weekly, monthly or seasonal basis.
9. Business Licence Fees
9.1
The Licence Inspector shall calculate and levy a business licence fee as set out in the
Fees and Charges Bylaw.
9.2
An applicant for a business licence must pay to the City the applicable business licence
fee for that business and a business licence is not valid until it has been issued by the
Licence Inspector and the business licence fee has been paid.
9.3
Business licence fees are non-refundable.
10. Form and Display of Licence
10.1
Every business licence issued pursuant to this Bylaw shall be in such a form as may be
prescribed by the Licence Inspector from time to time.
10.2
Every business shall 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 his 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.
11. Renewal of Business Licence
11.1
Each business shall ensure that their business licence is renewed annually, in advance
of its expiry date, whether notice is given by the City or not, and the business shall pay
the annual business licence fee.
Business Licence Bylaw No. 2026-01
Page 5 of 10
12. Refusal, Suspension or Cancellation of Business Licence
12.1
An application for business licence may be refused in any specific case but
12.1.1 the application cannot be unreasonably refused; and
12.1.2 on request, the Licence Inspector must give written reasons for the refusal.
12.2
A business licence may be suspended or cancelled for reasonable cause including, but
not limited to, failure to comply with a term or condition of a business licence, failure
to comply with this or any other Bylaw of the City, or repeated bylaw infractions or
nuisance enforcement files in relation to the business.
12.3
Before suspending or canceling a business licence, the City shall:
12.3.1 give written notice to the holder of the business licence that the business
licence may be suspended or cancelled, the reasons for the proposed
suspension or cancellation; and
12.3.2 provide the opportunity for the business licence holder to be heard before the
suspension or cancellation of the business licence.
12.4
Written notice of intention to cancel or suspend shall be addressed to the address of
the business and the address of the contact person as indicated on the business
licence application.
12.5
No person shall carry on a business during a period of suspension or cancellation of
such business licence.
13. Reconsideration of Decision of Licence Inspector or Manager
13.1
Any person who wishes to appeal a decision of the Licence Inspector or the Manager
under this Bylaw may request that Council reconsider the decision by giving written
notice to the Corporate Officer:
13.1.1 within ten (10) business days of the decision; and
13.1.2 by written notice, stating the grounds upon which the request is made.
13.2
Upon receipt of a written notice of reconsideration the Corporate Officer shall set a time
and a place for a hearing of the matter pursuant to the Delegations section of the
Procedure Bylaw.
13.3
After hearing the matter, Council may confirm, vary or set aside the decision made by
the Licence Inspector or the Manager.
Business Licence Bylaw No. 2026-01
Page 6 of 10
14. Regulations
14.1
Short Term Rentals
14.1.1 A maximum of one short term rental business licence may be issued per parcel.
14.1.2 Any person applying for the issuance or renewal of a licence to operate a short
term rental must, in addition to meeting the requirements of the Zoning Bylaw
provide, in the form satisfactory to the Licence Inspector, evidence that:
a) the operator owns the dwelling unit where the short term rental
accommodation will be offered, or the owner of the dwelling unit where the
short term rental accommodation will be offered has consented to this use of
the dwelling unit;
b) if the short term rental accommodation is offered within a strata lot, on the
prescribed form approved by the Licence Inspector, confirmation from strata
council that a short term rental accommodation does not contradict a Bylaw
of the affected strata corporation.
c)
provide in the form satisfactory to the Licence Inspector, evidence that the
dwelling unit where the short term rental accommodation will be offered is
occupied by the operator as their principal residence.
14.1.3 Short term rental business licence holders shall:
a) post contact numbers and the maximum overnight occupant load in a visible
location from the street and must display decal;
b) list contact numbers on the City of Penticton Business Directory; and
c) include the City of Penticton business licence number in all listings, advertising
and promotion for the business.
14.2
Mobile Vending Units
14.2.1 Any person applying for a mobile vending unit business licence shall provide a
copy of any contract or agreement with the City which authorizes the business on
the City park, sidewalk or road, as the case may be.
14.3
Cannabis Retail Store
14.3.1 Notwithstanding the application requirements outlined in Section 4.0 of this Bylaw,
the following items are required to be submitted with an application for a cannabis
retail store and will form part of the licence:
14.3.1.1 a document providing an overview of the business, including proposed
branding of the business;
14.3.1.2 a safety and security plan; and
14.3.1.3 colour elevations of the storefront, approved by the province, including
all signage.
Business Licence Bylaw No. 2026-01
Page 7 of 10
14.3.2 Any proposed changes to the branding of the store, the store name or storefront
elevations, are required to conform to the Council Policy on cannabis retail stores
and constitutes an amendment to the business licence and is subject to City
approval.
14.3.4 Roll shutters or security bars are not permitted on the exterior of a cannabis retail
store, except in the case of a window or door facing a lane where permitted by
Building Code.
14.4
Shopping Carts
14.4.1 Businesses that provide shopping carts for customer use must ensure that each
cart is clearly marked with store identification and contact information. This
information must be securely affixed and easily legible.
14.4.2
Public Works or Bylaw staff may remove a shopping cart found occupying any
portion of a highway or public place and transport them to the City Yards.
14.4.3 It is the responsibility of the business license holder to arrange for the pickup of
any shopping carts stored at City Yards.
14.4.4 Carts that remain unclaimed for more than 30 days are subject to a fine. Carts left
unclaimed for more than 60 days may be recycled or otherwise disposed of by the
City at its discretion.
14.5
Vending Machines
14.5.1 No person owning or occupying any premises shall keep or permit to be kept
therein or thereon any 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.
14.6
Non-Profit Organizations
14.6.1 Non-profit organizations as designated under Non-Profit Registration Bylaw No.
2011-47 are not required to obtain a business licence but shall register with the
City.
14.7
Outdoor Markets
14.7.1 Outdoor markets shall obtain one business licence in respect of all vendors
participating in the market.
14.8
Special Events
14.8.1 Unless otherwise provided herein, every person desirous of holding a special
event shall obtain a business licence prior to holding the special event.
14.8.2
Business licence for each user or occupant at a special event is not required if
the person holding the special event holds a valid business licence for that
special event.
Business Licence Bylaw No. 2026-01
Page 8 of 10
14.8.3 A business licence for each user or occupant at a special event is not required if
the person holding the special event holds a valid business licence for that
special event.
14.8.4 The applicant for a business licence for a special event being held on City
property shall submit, along with the business licence application, written
authorization from the City to hold the special event on City property.
15. Indemnity
15.1
Any business providing outdoor markets or special events shall, at the request of the
Licence Inspector:
15.1.2 prior to the issuance or renewal of a business licence, deposit with the City an
indemnity bond in an amount of not less than $2,000,000.00, or a comprehensive
liability insurance policy in the same amount, obtained from an insurance company
licensed in the Province of British Columbia, naming the City as an additional
insured, and stating that the policy applies to each insured as if a separate policy
had been issued to each; and/or
15.1.3 prior to the issuance or renewal of a business licence enter into a save and
harmless agreement to protect, indemnify and save harmless the City, its elected
and appointed officials and employees from and against any and all losses, claims,
damages, actions, costs and expenses that the City may sustain, incur or suffer or
be put to at any time with respect to the events or activities carried on pursuant to
the event described in the business licence or as a result of any matter, act or
omission of the licensee or any agent, Employee, officer, director or subcontractor
of the licensee.
16. Exemptions
16.1
A business licence is not required for garage/yard sales held at residential premises;
provided that such garage/yard sales shall be limited to two (2) sale days per year per
residence in single and two-family residential areas, or two sale days per building per
year in multiple family areas.
16.2
A business license is not required for the rental of a secondary suite or carriage house
to residential tenants, for periods of more than ninety days
17. Offences
17.1
Any person who violates any of the provisions of this Bylaw, or who suffers or permits
any act or thing to be done in contravention of this Bylaw, or who refuses, or omits or
neglects to fulfill, observe, carry out or perform any duty or obligations imposed by this
Bylaw, commits an offence and is liable on summary conviction to a fine of not more than
$50,000.
Business Licence Bylaw No. 2026-01
Page 9 of 10
17.2
Each day an offence continues constitutes a separate offence.
18. Severability
18.1
If any section, subsection, sentence, clause, sub clause or phrase of this Bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Bylaw.
19. Repeal
19.1
The City of Penticton Business Licence Bylaw No. 2012-5020 and any amendments
thereto are hereby repealed upon adoption of this Bylaw.
READ A FIRST time this
READ A SECOND time this
READ A THIRD time this
ADOPTED this
Business Licence Bylaw No. 2026-01
20
day of
20 day of
20
day of
17
day of
;,
January, 2026
January, 2026
January, 2026
March, 2026
Julius B
)( __
Angie Collison, Corporate Officer
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