Business Licence Bylaw No. 2226, 2010 (Consolidated December 2024) — full text

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CITY OF POWELL RIVER City of Powell River Business Licence Bylaw 2226, 2010 CONSOLIDATION This information bylaw has been prepared by the City of Powell River for convenience only. The City does not represent that the consolidated bylaw is up to date or complete and anyone using this material should confirm its content by reference to the original legislation, codes, bylaws and their amendments Bylaw No. Adoption Date Description 2325 Dec 12, 2012 x Revised Schedule A 2374 July 3, 2014 x Definition of Licence Administrator x Revised Section 4.7 including table of Late Payment Fee Calculation 2443 Sept 7, 2017 x Definition of Urban Farming x Addition of regulations related to Urban Farming x Revised Schedule A 2486 Sep 7, 2018 x Definition of Street Vending x Revised Schedule A 2535 Nov 15, 2018 x Definitions related to Cannabis x Addition of regulations related to Cannabis x Revised Schedule A 2554 Apr 4, 2019 x Removal of definition of Street Vending and references to regulation of mobile vending x Revised Schedule A 2538 April 18, 2019 x Addition of definitions of Short-Term Rental and Vacation Rental and references to regulation of both x Revised Schedule A 2727 September 14, 2023 x Addition of definitions of Child Care Centre and In- home Child Care x Addition of regulations related to Child Care x Revised Schedule A 2748 April 18, 2024 x Text amendment with respect to the prohibition of Vacation Rentals 2759 December 5, 2024 x Revised Schedule A CITY OF POWELL RIVER BUSINESS LICENCE BYLAW 2226, 2010 BUSINESS LICENCE BYLAW 2226 CONSOLIDATION This consolidation of City of Powell River Business Licence Bylaw 2226, 2010 has been prepared exclusively for the use of the City of Powell River for convenience only. City of Powell River does not represent that this consolidation is accurate or complete and anyone using this material should confirm its content by reference to the original bylaw and amendments Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 2 of 21 Table of Contents 1.0 TITLE AND APPLICATION ............................................................................................................ 3 1.1 Title ........................................................................................................................... 3 1.2 Application ................................................................................................................ 3 1.3 Severability ............................................................................................................... 3 1.4 Repeal of Previous Bylaw ......................................................................................... 3 1.5 Effective Date of this Bylaw ...................................................................................... 3 2.0 DEFINITIONS .................................................................................................................................. 4 3.0 ADMINISTRATION AND ENFORCEMENT ................................................................................... 7 3.1 Administration ........................................................................................................... 7 3.2 Delegation and Reconsideration .............................................................................. 7 4.0 GENERAL REGULATIONS ............................................................................................................ 8 4.1 General Regulations ................................................................................................. 8 4.2 Terms and Conditions .............................................................................................. 9 4.3 Business Certification, Inspection and Insurance .................................................... 10 4.4 More than One Business at Premise or Location ..................................................... 10 4.5 Effective Period of a Licence and Renewal .............................................................. 10 4.6 Licence Fee Calculation Provisions ......................................................................... 11 4.7 Late Payment Penalty .............................................................................................. 11 4.8 Display of Licence .................................................................................................... 12 4.9 Transfer of Licence ................................................................................................... 13 4.10 Change of Licence and Termination of Business ..................................................... 13 4.11 Suspension of a Licence .......................................................................................... 13 5.0 REGULATION OF BUSINESS ....................................................................................................... 14 5.1 Regulation of Business ............................................................................................. 14 5.2 Deleted .................................................................................................................... 14 5.3 Door to Door Sales ................................................................................................... 14 5.4 Urban Farm ............................................................................................................ 14 5.5 Cannabis Retail Store ............................................................................................. 15 5.6 Short-Term Rental .................................................................................................. 16 5.7 Child Care ............................................................................................................... 17 6.0 ENFORCEMENT AND VIOLATION ............................................................................................... 18 7.0 ADOPTION .................................................................................................................................. 19 SCHEDULE A: Fees ............................................................................................................................... 20 Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 3 of 21 CITY OF POWELL RIVER BUSINESS LICENCE BYLAW 2226, 2010 A bylaw to provide for the licencing and regulation of businesses within the City of Powell River WHEREAS pursuant to the Community Charter, as amended, Council may by bylaw regulate matters in relation to business; AND WHEREAS Council deems it advisable and appropriate to adopt a new Business Licence Bylaw; NOW THEREFORE, the Council of the City of Powell River, in open meeting assembled, enacts as follows: PART 1: TITLE & APPLICATION 1.1 Title This Bylaw may be cited as the "Business Licence Bylaw 2226, 2010". 1.2 Application 1.2.1 This Bylaw applies to any person conducting business within the boundaries of the City. 1.2.2 Wherever the singular or masculine is used in this Bylaw, they shall be construed as being the plural or feminine or vice versa. 1.3 Severability The provisions of this Bylaw are severable. If any provision is for any reason held to be invalid by the decision of a court of lawful jurisdiction, such decision shall not affect the validity of the remaining provisions of this Bylaw. 1.4 Repeal of Previous Bylaw The Corporation of the District of Powell River Business Licence Bylaw No. 921, and all amendments thereto are hereby repealed. 1.5 Effective Date of this Bylaw This Bylaw shall come into effect on the first day of April of 2011. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 4 of 21 PART 2: DEFINITIONS All words or phrases in this Bylaw shall have the meaning set out in Part 2 or, if undefined in Part 2, shall have the same meaning ascribed to similar words in the Local Government Act and Community Charter. For ease of reference, the following words or phrases are generally shown in italics throughout this Bylaw. ANCILLARY BUSINESS means a subordinate business, with the same trade name specifically, and located at the same address, that supplements the primary business and provides ancillary services or products associated with or incidental to the primary business. BUSINESS means any commercial or industrial undertaking of any nature, or the provision of professional, personal, or other services for the purpose of gain, barter or profit, but specifically excludes any activity carried on by the Federal, Provincial, or Local Government, their corporations or agencies. BUSINESS LOCATION means every place where business is conducted or address where it is based. BUILDING INSPECTOR means an employee or contracted service of the City which has responsibility for inspection and enforcement relating to building and safety codes of the Province of British Columbia, the Government of Canada and concordant City bylaws. BYLAW ENFORCEMENT OFFICER means an officer of the City who has responsibility for inspection and enforcement relating to bylaw compliance. CANNABIS has the same meaning as the Cannabis Act (Canada), subject to any prescribed modifications.AB 2535 CANNABIS ACCESSORY has the same meaning as the Cannabis Act (Canada), subject to any prescribed modifications.AB 2535 CANNABIS OPERATION means the cultivating, growing, producing, packing, storing, distributing, dispensing, advertising, trading, consumption, or selling of cannabis or cannabis- containing products, and excludes City-approved Cannabis Retail Store.AB 2535 CANNABIS RETAIL STORE means a retail establishment licensed under provincial authority for the sale of cannabis or cannabis-containing products for consumption off premises.AB 2535 CHILD CARE CENTRE means a facility providing care services for children in accordance with the Community Care and Assisted Living Act and Child Care Licencing Regulation. Child care centres shall be permitted as an assembly use, unless otherwise permitted or restricted elsewhere in this Bylaw.AB2727 CITY means the City of Powell River. COMMERCIAL EXHIBITION means any show or display at which goods, wares, merchandise or services are exhibited for the purpose of demonstration, sale or taking orders. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 5 of 21 DWELLING UNIT means a building or a self-contained part of a building designed for or occupied exclusively by one family, unless legally used as a short-term rental or boarding house, with one or more sleeping units, bathroom facilities, and not more than one cooking facility. AB 2538 GARAGE SALE means the sale of secondhand household goods on a residential property of the owner or tenant of the residential premise, or by a community service organization or charitable organization that is defined under the Charitable Purposes Preservation Act, but does not include the sale of vehicles, new goods, or goods on consignment. GROSS FLOOR AREA means the total area of all floors used for the business, including storage areas measured in square metres, of all the buildings on a lot, and measured to the extreme outer limits of the building(s); but excluding areas giving access thereto such as walkways, pathways or driveways, and enclosed balconies, enclosed porches, elevator shafts, mezzanine storage areas where the height from the top of the floor to ceiling is less than two metres, areas used for motor vehicle parking, and cycling storage. HOME BASED BUSINESS or HBB means a business activity conducted as an accessory use in a dwelling unit or where permitted, in a permanent accessory building, by one or more person(s) in their principal residence on the same lot and in compliance with Part 7 of the Zoning Bylaw. IN-HOME CHILD CARE means a home-based facility, either in a dwelling unit or permanent accessory building, providing care services for children in accordance with the Community Care and Assisted Living Act and Child Care Licencing Regulation.AB2727 LICENCE ADMINISTRATOR means the City's Director of Planning Services, or his/her designate for the purposes of carrying out any act or function under this Bylaw.AB 2374 LICENCE means a business licence required for a business under this Bylaw. LICENCEE means the holder of a current licence issued under this Bylaw. LOCAL CONTACT means a person designated by a short-term rental as the primary and immediate business contact for customers.AB 2748 MOBILE SERVICES includes any owner who sells, offers, or renders for sale any tangible personal property or service which he carries with him/her or conducts at the premises of others. NON-RESIDENT BUSINESS means a business conducted in the City with respect to any work or service undertaken in the City, but whose primary addressed business location is not within City boundaries. PRINCIPAL RESIDENCE * deleted in its entirety.AB 2748 RESIDENT BUSINESS means a business carried on, in, or from a business location within the City boundaries. SEASONAL BUSINESS means a business operating on a seasonal basis only, to a maximum of four consecutive months per year, and includes but is not limited to boat charter operations, mobile services, mushroom buyers and tour operators, and excludes short-term rentals.AB 2748 Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 6 of 21 SHORT-TERM RENTAL has the same meaning as the Short-Term Rental Accommodations Act, subject to any prescribed modifications.AB 2748 STREET VENDING * deleted in its entirety.AB 2554 TEMPORARY BUSINESS means a business operating on a one-time or temporary basis, no longer than one calendar week, including but not limited to a circus or carnival, exhibition, door-to-door sales, or short-term sales event. URBAN FARM means a business that uses land with a principal building for the cultivation of fruits or vegetables for sale operated on a for-profit, non-profit, and/or social enterprises model, and in permitted circumstances may include on-site sales.AB 2443 VACATION RENTAL * deleted in its entirety.AB 2748 ZONING BYLAW means the "City of Powell River Zoning Bylaw 2100, 2006," as amended and superseded. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 7 of 21 PART 3: ADMINISTRATION, DELEGATION & RECONSIDERATION 3.1 Administration The Licence Administrator is hereby appointed to carry out, interpret, and administer the provisions of this Bylaw. 3.2 Delegation and Reconsideration 3.2.1 Council delegates to the Licence Administrator the authority to grant licences pursuant to the provisions of this Bylaw. 3.2.2 Council delegates to the Licence Administrator the authority to refuse, suspend or cancel licences under this Bylaw after having given the applicant or licencee, as the case may be, written notice of the proposed decision and an opportunity to be heard in accordance with s. 3.2.3 below. 3.2.3 Within 30 days of receipt of notice that the Licence Administrator intends to refuse, suspend or cancel any licence under this Bylaw, or any other decision delegated under this Bylaw, the applicant or licencee may request that Council reconsider the decision subject to the following: (a) the request shall be in writing, and should include reasons in support of the reconsideration; (b) upon receipt of a written request for Council's reconsideration, the Licence Administrator shall prepare and forward a report to Council and copied to the licencee/applicant, attaching the licence application and setting out the reasons for the decision; (c) the licencee or applicant shall have the opportunity to appear before Council at a date and time set by Council, and be heard regarding the Licence Administrator's decision; and (d) Council shall reconsider the decision of the Licence Administrator and either uphold the decision or substitute the Council's decision for the Licence Administrator's decision. The licencee/applicant shall be notified in writing by the Licence Administrator within seven days after Council decision granted. 3.2.4 Where a licencee cannot be contacted despite reasonable efforts by the Licence Administrator to do so, or does not respond to the City in the course of licence renewal or administration of this Bylaw, the Licence Administrator may proceed to cancel a licence with no written notice. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 8 of 21 PART 4: LICENCE REGULATIONS 4.1 General Regulations 4.1.1 Any person who: (a) occupies a business location in the City in which or from which he advertises himself by newspaper, publicly, or otherwise, as open for business of any kind; or (b) deals in, or buys, sells, displays or offers by advertisement or otherwise to buy or sell commodities or other things of any kind, either on his own behalf or as an agent for any other business; or (c) offers himself as available or qualified to render professional, personal or other services to any other person for the purpose of gain or profit; or (d) operates a non-resident business with respect to which any work or service is performed in the City; is deemed to be carrying on business within the City and is required to hold a licence. 4.1.2 Despite 4.1.1 above, a licence is not required for any of the following: (a) the business of rental or strata property management service involving two or less rental units; (b) ancillary business, provided not more than one ancillary business supplements the primary business; (c) a wholesaler, manufacturer, or processor who offers for sale or resale his own merchandise to merchants for resale in the ordinary course of their businesses; (d) a publicly owned utility company situated within the City; (e) a performance, concert, exhibition, cultural event, or entertainment of which the entire proceeds, above actual expenses, are devoted to a charitable society as recognized, incorporated and in good standing under the Society Act, R.S.B.C. 1996, c.433 and/or registered as a charitable society or organization under the Income Tax Act of Canada, or a community service organization dedicated to charitable purposes; (f) a performance, concert, cultural event, form of entertainment or concession held in a public theatre or other establishment that holds a current business licence; (g) a special community event or activity sponsored by a non profit organization incorporated as a society pursuant to the Society Act, RSBC 1996, c. 433, as amended, the City, or School District 47; or (h) a garage sale conducted not more than four times per calendar year. 4.1.3 No provisions of this Bylaw shall be construed so as to provide any exemptions other than those set out in section 4.1.2 and in particular, any business that is not otherwise exempt from the requirement for a business licence under this Bylaw, shall not be exempt by reason only that it provides services to a charitable organization or society. 4.1.4 No person shall carry on a business within the City without first: (a) obtaining a licence in the form prescribed by the Licence Administrator; and (b) paying the appropriate licence fee as prescribed in Schedule A, attached hereto and forming a part of this Bylaw. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 9 of 21 4.1.5 Every applicant must make a true and correct statement in writing on the application form disclosing the nature and character of the business to be carried on, the address of the business, and all other facts required by the application form. 4.1.6 No licence shall be issued until the prescribed fee as set out in Schedule A has been paid to the City. 4.1.7 The Licence Administrator shall determine the tier applicable to any business in regards to the licence fee provisions as set out in Schedule A. 4.1.8 The Licence Administrator may issue a licence where he is reasonably satisfied that the owner has complied with the requirements of City bylaws regulating building, zoning, health, sanitation and business. 4.1.9 Despite the preceding 4.1.8, a licence is neither a representation nor a warranty that a business complies with all the bylaws of the City, or with any and all other regulations or standards of other levels of governments and professional or trade regulatory organizations, nor that the conduct of the licencee and the business complies with standard business practices, any other regulations, or accepted industry standards. 4.1.10 * deleted in its entirety.AB 2748 4.1.11 In considering a licence issue, renewal, or re-issue for a short-term rental licence, the Licence Administrator mayAB 2748: (a) consider whether the licence held by the applicant has been suspended or cancelled in the preceding two (2) licence periods; and (b) require an inspection by the Bylaw Enforcement Officer, Building Inspector, and/or City Fire Prevention Officers of the business location; notwithstanding, a Licence Administrator may grant licence issue, renewal or re-issue without an inspection subject to the condition that if upon subsequent inspection the short-term fails to comply with the requirements of this Bylaw, the Licence Administrator shall suspend or cancel the licence. AB 2538, 2748 4.2 Terms, Conditions and Prohibitions 4.2.1 The Licence Administrator may impose terms and conditions that must be met for obtaining, continuing to hold, or renewing a licence, respecting the following matters: (a) employee, patron and public health, safety and security at business location; (b) physical condition of the business location; (c) hours of operation; (d) payment of outstanding licence fees; (e) provision of certification; (f) the effective period of any licence; and (g) proof of appropriate insurance coverage 4.2.2 Every licencee shall, throughout the period of its licence, comply with all of the terms and conditions of said licence. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 10 of 21 4.3 Business Certification, Inspection and Insurance 4.3.1 Every licencee whose business is governed by Federal or Provincial Acts or Regulations shall, upon request by the Licence Administrator, produce certification or letters of approval, as may be required by Federal or Provincial authorities under those Acts or Regulations. 4.3.2 All licencees of businesses in which employees or customers attend at the business location may be required to permit the business location to be inspected by the Bylaw Enforcement Officer, Building Inspector and City Fire Prevention Officers, and may further be required to obtain the approval of the business location by those officers before a licence may be granted. 4.3.3 When the Licence Administrator determines that insurance coverage is required prior to issuance of a licence, proof of coverage in a form acceptable to the Licence Administrator shall be submitted prior to issuance of the licence. 4.3.4 No licence shall be issued for the purpose of holding an exhibition, circus or carnival, using mechanically operated equipment until the licencee has filed with the Licence Administrator, evidence of a comprehensive liability policy of insurance with a minimum of $5,000,000 of insurance per occurrence to include bodily injury, death, property damage, and loss of use of property. The insurance shall name the City as an additional insured. 4.4 More Than One Business at a Premise or Location 4.4.1 Where there is more than one business operating in or from one business location, each business shall be deemed to be a separate business requiring a separate licence, and the appropriate fee shall be paid for each separate licence as set out in Schedule A. 4.4.2 Where there is more than one separate and distinct trade name displayed within one business location, each trade name shall be deemed to indicate the operation of a separate business, for which a separate licence is required, and the appropriate fee shall be paid for each separate licence as set out in Schedule A. 4.4.3 No more than one (1) short-term rental licence may be issued per lot.AB 2538, 2748 4.5 Effective Period of a Licence and Renewal 4.5.1 Except as otherwise provided for in this Bylaw, licences may be granted for an effective period of no greater than one year to commence on the first day of January or the day of licence issuance, terminating on the 31st day of December of the calendar year. 4.5.2 The period for a licence with respect to a public show, exhibition, carnival or performance of any kind, elsewhere than in a licenced theatre or licenced place, shall be effective for the day(s) prescribed, and subject to the fee as set out in this Bylaw. 4.5.3 Notwithstanding s. 4.5.1, a licence shall terminate on the earlier of: (a) the end of the effective period of the licence; (b) the 31st day of December of the year in which the licence was issued; (c) that date on which the operation of the business ceases; or Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 11 of 21 (d) as determined by the Licence Administrator under s. 4.11.1. 4.5.4 Every licencee must renew his licence and pay the applicable fee prior to the end of the licence period for which the licence was issued; excepting that temporary business licences will not be renewed. 4.5.5 The City will forward renewal notifications to current licencees, including business licence fee due dates, prior to 31 December of the calendar year. 4.5.6 Licence renewal fees that are one day or more overdue, shall be subject to a late payment penalty as prescribed in s. 4.7 of this Bylaw. 4.5.7 There shall be a 30-day grace period after the due date for annual licence renewal payment during which the City will not initiate enforcement action under this Bylaw; however, late payment penalties apply during this 30-day period. 4.6 Licence Fee Calculation Provisions 4.6.1 Where a licencee is undertaking business activity that meets criteria of both higher and lower tiers, it shall be deemed to fall under the highest applicable tier but shall not be the sum of the tiers stipulated in Schedule A. 4.6.2 Where a licencee is undertaking one related ancillary business activity as provided for under 4.1.2 (b) of this Bylaw, it shall be deemed to fall under the highest tier but shall not be the sum of the tiers stipulated in Schedule A. 4.6.3 A seasonal business licence shall be in effect for no more than four consecutive months per calendar year and the fee thereof shall be calculated at 50% of the tier value for the applicable business tier. 4.6.4 Licences fee shall be prorated by 50% for an application for a new business licence received on or after July 31st of the calendar year; however, renewal of an existing licence shall not be prorated. 4.6.5 A fee of $40 shall be applied to any transfer of business licence with respect to change of business location where any inspection or agency referral process is required; where no additional inspections or agency referral processes are required, there is no fee for a change in business location. 4.6.6 Every licencee for a temporary business licence shall pay a fee for the licence calculated at $50 per day regardless of tier. 4.7 Late Payment Penalty 4.7.1 ln the event an annual business licence renewal fee is not submitted by the prescribed business licence due date, or in the case of a seasonal business licence, prior to the beginning of operations in any calendar year, a late payment penalty as described in Table 1: Late Payment Fee Calculation listed below, will be applied to each unpaid business licence.AB 2374 Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 12 of 21 Table 1: Late Payment Fee Calculation Category Penalty per each month in arrears Maximum annual penalty Tier 1, Tier 2 and Tier 3 $10 $60 Tier 4 $20 $120 Tier 5 $30 $180 Tier 6 $40 $240 Tier 7 $50 $300 4.7.2 All late payment penalties shall be added to the licence fee or licence renewal fee, as the case may be, and must be paid prior to the issuance of or renewal of a licence. 4.8 Display of Licence 4.8.1 Every licencee carrying on a business shall keep the licence posted in a conspicuous place at the business location named on the licence. 4.8.2 Every licencee carrying on a non-resident business shall keep the licence within the licencee's or employee's vehicle in a secure place while conducting business within the City. 4.8.3 Every licencee issued a licence to carry on mobile services, shall keep the licence within the business vehicle or push cart, in a secure place while conducting business within the City. 4.8.4 No person shall offer or advertise for lease, rent or barter a dwelling unit or any portion thereof for short-term rental unless that person possesses a valid and subsisting short-term rental licence for such dwelling unit pursuant to this bylaw. AB 2538, 2748 4.8.5 Every advertisement, listing, or promotional material that is intended to communicate the availability of a short-term rental must discloseAB 2748: (a) a valid and subsisting short-term rental licence number for the dwelling unit advertised; (b) the maximum permitted off-street parking spaces available for customer use, pursuant to the Zoning Bylaw; and, (c) the maximum permitted guest-occupancy, pursuant to the Zoning Bylaw. AB 2538 4.8.6 The short-term rental must display the name, address and telephone number of the local contact in a conspicuous place at the business location named on the licence. AB 2538, 2748 4.8.7 A licencee conducting a business required to be licenced under this Bylaw shall: (a) produce his licence to any Bylaw Enforcement Officer or Licence Administrator upon request; and (b) permit any Bylaw Enforcement Officer or Licence Administrator reasonable access to enter, view, and inspect any business location. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 13 of 21 4.9 Transfer of a Licence 4.9.1 Excepting cannabis retail store and short-term rental, a licence issued under this Bylaw is transferable to another licensee by application in the form as prescribed by the Licence Administrator and at no fee provided the business name and business location are retained, and the licence fee is paid for the current year. AB 2538, 2748 4.9.2 Short-term rental shall not be transferable. For greater certainty, on the sale or transfer of an interest in a dwelling unit, excepting by way of mortgage, the short-term rental licence shall be cancelled. AB 2538, 2748 4.9.3 A transfer of licence shall be subject to a licence transfer fee as prescribed in s. 4.6.5, if the business location is changed and inspection of the new business location is required. 4.9.4 A licence is not transferable if the business name, owner, and business location are all changed; in this case, application for a new licence must be submitted with the appropriate fee payment as prescribed in Schedule A. 4.10 Change of Licence and Termination of Business 4.10.1 Every licencee must notify the Licence Administrator of any change in the mailing and/or the business location address, the classification of the business pursuant to Schedule A of this Bylaw, or any alteration to the business location which requires any type of permit from the City, including but not limited to a development permit, building permit, plumbing or fire inspection. 4.10.2 Upon termination of a business operation by the licencee, the licencee must notify the Licence Administrator in a form or by a means acceptable to the Licence Administrator, indicating that the licence is no longer required and the licence is to be cancelled. Where the licencee does not make such notification, the Licence Administrator may take action pursuant to s. 3.2.4. 4.11 Suspension of a Licence 4.11.1 The Licence Administrator may suspend or cancel a licence if the licensee: a) ceases to meet the requirements of this Bylaw to carry on the business for which the licensee is licenced; or b) has neglected to pay the licence for the current year by July 1 of the year, including late payment penalties. AB 2538 4.11.2 A notice of suspension or cancellation may be posted by the Licence Administrator at the business location for which the licence was issued; and such notice shall not be removed until the licence is reinstated or the licencee ceases to occupy the business office. 4.11.3 The licencee must surrender the licence to the Licence Administrator upon an order for a suspension or a cancellation and no licencee shall operate a business after his licence has been suspended or cancelled by the Licence Administrator. 4.11.4 A licencee whose licence is suspended or cancelled may apply to have Council reconsider the matter as specified in s. 3.2.3. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 14 of 21 PART 5: REGULATION OF BUSINESS 5.1 Contractors - Trades 5.1.1 Every general contractor carrying on business within the City shall only employ subcontractors who hold a valid licence under this Bylaw for the duration of the period of their employment with the general contractor. 5.1.2 Prior to commencing construction at any site within the City, every general contractor must provide a list of all sub-contractors in their employ to the Licence Administrator or Building Inspector and keep the Licence Administrator or Building Inspector informed of any changes in that list of sub-contractors. 5.2.2 * deleted in its entirety.AB 2554 5.3 Door-to-Door and Direct Sales All door-to-door and direct sales licencees and their agents shall: a) state to any person with whom he is conducting business, the name of the business with which he is associated, affiliated or representing; b) display to any person with whom he is conducting business, a clearly visible identification card on which is printed the salesperson's legal name and business affiliation; and c) display to any person with whom he is conducting business, a copy of the licence issued hereunder. 5.4 Urban FarmAB 2443 5.4.1 Urban Farm operators must obtain a business licence prior to use of the site. Every parcel operated as an Urban Farm requires a separate business licence. 5.4.2 An Urban Farm may only operate on more than one parcel if all the licences are issued to the same person or organization. 5.4.3 A licencee may not operate an Urban Farm that exceeds a combined planting area of 7000m2. 5.4.4 No activities associated with an Urban Farm may take place outside the hours from 7am to 8pm. 5.4.5 Urban Farm operators must adhere to good management practices and maintain the site to reasonably prevent nuisances including offensive noise, odour, light, smoke, or vibration or other objectionable effect in excess of that which is characteristic of the Zone in which an Urban Farm is located under normal circumstances where no Urban Farm exists. 5.4.6 A development permit issued by the City in accordance with the guidelines of Development Permit Area (DPA) 6: Other Commercial Areas, is required prior to issuance of a business licence for all Urban Farm - Class 2 applications. 5.4.7 A site inspection is required prior to issuance of a business licence for all Urban Farm - Class 2 applications. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 15 of 21 5.4.8 If the holder of a licence for an Urban Farm applies for farm class tax status under the BC Assessment Act, the applicant must inform the Licence Administrator at the time the application is made. 5.4.9 If any of the area of an Urban Farm is subject to a lease, the lease must be provided to the Licence Administrator as part of the business licence application. 5.4.10 Urban Farms are categorized into two classes: 5.4.10.1 Urban Farm - Class 1 a) No on-site sales are permitted. b) Any development permit or waiver thereof for an Urban Farm - Class 1 is time limited to 1 year. 5.4.10.2 Urban Farm - Class 2 a) On site sales are permitted should the applicant first obtain a development permit in accordance with the guidelines as laid out in Development Permit Area (DPA) 6: Other Commercial Areas. b) Development permits for an Urban Farm - Class 2 are time limited to 1 year. c) Calculation of required off-street parking spaces will be based on Part 6 of this Bylaw and be exclusive of any parking spaces required to accommodate the principle use of the same property. 5.5 Cannabis Retail StoreAB 2535 5.5.1 Cannabis Retail is regulated by the Cannabis Act (Canada), including regulations for advertising and promotion. 5.5.2 A person must not operate a Cannabis Retail Store unless that person has done the following prior to commencing operations: a) Obtained a Licence from the Province; b) Completed Provincial employee training program; and c) Obtained a License from the City. 5.5.3 A person who applies for a Cannabis Retail Store business licence shall submit the following in addition to other documentation requested during business licence application: a) a security plan acceptable to the Licence Administrator; b) contact information for a responsible person available to be contacted at any time; c) proof of a security alarm contract providing monitoring at all times during the licence period; d) proof of ownership or a copy of a fully-executed lease for the premises; and e) other documents required by the Licence Administrator. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 16 of 21 5.5.4 The Licensee for a Cannabis Retail Store must not do any of the following: a) hold business license for a Cannabis Retail Store unless that person is the registered owner or lessee of the premises at which the Cannabis Retail Store is operated; b) transfer the business licence or control of the licence for the Cannabis Retail Store to another person; c) operate a Cannabis Retail Store in conjunction with any other use; d) permit a person under 19 years of age to enter or remain on the premises; e) permit the consumption of any cannabis or cannabis-containing product within the premises or in contravention of the City of Powell River Smoking Regulation Bylaw 2232, 2009; f) block the windows of the premises with opaque material, artwork, posters, shelving, or other material. 5.5.5 The Licensee for a Cannabis Retail Store must do the following: a) operate the Cannabis Retail Store within a completely enclosed building on the premises; b) install and maintain the following types of security measures on the premises: i. security and fire alarm system that is monitored by a third party at all times; and ii. video surveillance cameras that monitor all entrances, exist, and the interior of the premises with data retained for at least 21 days after it is gathered. c) install and maintain signage in accordance with Federal and Provincial requirements; d) ensure that two employees are present on the premises at all times when the business is open to the public, including one manager; and e) promptly bring to the attention of the Licence Administrator the name and proof of Provincial employee training of any new on-site manager and/or responsible person; and f) promptly bring to the attention of the Licence Administrator any criminal charge brought against the licensee or an on-site manager, officer, director or shareholder of the licensee. 5.6 Short-Term RentalAB 2748 5.6.1 No short-term rental licence shall be issued without meeting the following conditions: a) Compliance with the Short-Term Rental Accommodations Act. b) The dwelling unit shall comply with all applicable bylaws of the City. c) The property owner must provide written consent for the short-term rental use to the satisfaction of the Licence Administrator. 5.6.2 No short-term rental shall be carried out unless in compliance with the following regulations: a) No person may hold more than one (1) short-term rental licence licence. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 17 of 21 b) The licensee shall alone be engaged in the management of the short-term rental; notwithstanding, the licensee may hire one employee to work on the premises. c) All licensees shall at all times provide to the City the name and current telephone number of a local contact who resides within 30km of the business location identified on the licence and has consented to respond within 24 hours of being contacted by the City. Failure to respond to the City within 24 hours constitutes a violation of the Bylaw. d) The licensees shall provide the required number of parking spaces in the dimensions specified in the Zoning Bylaw on the same parcel used for the business location identified on the licence. 5.7 Child CareAB2727 5.7.1 No business licence for a child care centre shall be issued without meeting the following conditions: a) The child care centre shall comply with all applicable provincial legislation including the Community Care and Assisted Living Act and Child Care Licencing Regulation. b) The child care centre shall comply with all applicable provincial building and fire codes. c) The licensee shall provide the required number of on-site parking spaces as specified in the Zoning Bylaw. d) If applicable, the property owner shall provide written consent for the child care centre use to the satisfaction of the Licence Administrator. 5.7.2 No business licence for in-home child care shall be issued without meeting the following conditions: a) An in-home child care licence is valid only for the licensee's principal residence. If at any time the business location identified on the licence ceases to be the licensee's principal residence, then the licence shall be cancelled. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 18 of 21 PART 6: ENFORCEMENT& VIOLATION 6.2 Enforcement and Violation 6.2.1 Any person who violates any provision of this Bylaw, or who suffers or permits any act in contravention of this Bylaw, or who neglects to do or refrains from doing any act or thing required to be undertaken pursuant to the provisions of this Bylaw, commits an offence against this Bylaw and is liable upon summary of conviction to a fine not exceeding $10,000 and the cost of the prosecution. 6.2.2 Every day during which there is an infraction of this bylaw shall constitute a separate offence. Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 19 of 21 PART 7: ADOPTION READ A FIRST TIME the 13th day of July 2023. READ A SECOND TIME the 13th day of July 2023. READ A THIRD TIME the 13th day of July 2023. PUBLIC NOTICE GIVEN the 31st day of August and the 7th day of September 2023. ADOPTED the 14th day of September 2023. ____________________________________ _______________________________ Ron Woznow, Mayor Chris Jackson, Corporate Officer Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 20 of 21 Schedule A: Licence FeesAB 2325,2443,2486,2535, 2554, 2538, 2748 Category Criteria Resident or non-resident businesses Examples (not criteria) Annual Fee Base Rate Tier 1 1.0 Home Based Businesses that meet all of the following criteria: a) sole proprietorships with no employees b) no inspections required pursuant to this Bylaw 1.1 Urban Farm businesses that do not offer on-site sales x Minor HBB x Urban Farm Class 1** $100 Tier 2 2.0 Home Based Businesses that meet any of the following criteria: a) 1 or 2 non-resident employees* b) inspections required (section 4.3.2) 2.1 Urban Farm businesses that offer on-site sales 2.2 Street Vending Truck, Trailer or Cart x Major/Rural HBB x Urban Farm Class 2 $150 Tier 3 3.0 Any Business other than those identified as Tier 1 or Tier 2 that meets any of the following criteria: a) Between 1 and 9 employees * b) Business location that occupies a gross floor area less than 185 sqm (2000 sqft) c) Rental accommodation for 3 to 10 units/rooms (regardless of the number of employees or gross floor area) d) Short-term rental e) In-home child care x Major/Rural HBB x Short-term rental x Contractor with < 10 employees x 10 unit apartment building $180 Tier 4 4.0 Any Business that meets any of the following criteria: a) Between 10 and 29 employees*; b) Commercial business locations that occupy a gross floor area between 185 sqm (2000 sqft) and less than 929 sqm (10,000 sqft) c) Rental accommodation of between 11 and 25 units/rooms (regardless of the number of employees or gross floor area) d) Fuel sales regardless of gross floor area or number of employees. x Real estate office w/ 15 employees x Restaurant w/ 25 employees x Beauty salon w/ 12 employees x Gas bar $300 Consolidated December 19, 2024 City of Powell River Business Licence Bylaw 2226, 2010 Page 21 of 21 Tier 5 5.0 Any Business that meets any of the following criteria: a) Between 30 and 49 employees* b) Commercial business locations that occupy a gross floor area between 929 sqm (10,000 sqft) and less than 1858 sqm (20,000 sqft) c) Rental accommodation of between 26 and 40 units/rooms (regardless of the number of employees or gross floor area) d) Liquor Primary establishments fall into this Tier regardless of the gross floor area or the number of employees. x Hotel w/ up to 40 rooms x Pub $700 Tier 6 6.0 Any Business that meets any of the following criteria: a) Between 50 and 79 employees* b) Commercial business locations that occupy a gross floor area between 1858 sqm (20,000 sqft) and less than 4645 sqm (50,000 sqft) c) Rental accommodation of more than 41 units/rooms (regardless of the number of employees or gross floor area) d) Financial institutions or organizations regardless of the gross floor area or the number of employees. e) Private utility company regardless of the gross floor area or the number of employees. x Bank x Gas company $1000 Tier 7 7.0 Any Business that meets any of the following criteria: a) 80 or more employees* b) Commercial business locations that occupy a gross floor area more than 4645 sqm (50,000 sqft) x Big box stores x Paper Mill $1500 Inspection Where an inspection of a business is required, the annual business licence fee includes the first inspection and a follow-up visit. x Additional Inspection $150 * For the purposes of assessing a licence fee, two part-time employees are counted as one full-time employee. ** Additional parcels operated as an Urban Farm - Class 1 can be licenced at a cost of $10 each if licences are issued to the same business.