Business Regulation and Licensing Bylaw No. 1810, 2016 — full text

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City of Quesnel BUSINESS REGULATION AND LICENSING BYLAW NO. 1810, 2016 SCHEDULE A A Bylaw to authorize the issuance of business licenses and regulations and for the collection of such business fees ii | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 TABLE OF CONTENTS SECTION ONE - PREAMBLE .................................................................................................................1 1.1 Effective Date ............................................................................................................................ 1 1.2 Repeal and Transition ............................................................................................................... 1 1.3 Interpretation ............................................................................................................................ 1 1.4 Application ................................................................................................................................ 1 1.5 No Warranty or Representation ............................................................................................... 2 SECTION TWO - DEFINITIONS .............................................................................................................3 SECTION THREE - ADMINISTRATION AND ENFORCEMENT ...................................................................6 3.1 Authority of Director ................................................................................................................. 6 3.2 Enforcement.............................................................................................................................. 6 3.3 Offence ...................................................................................................................................... 6 3.4 Penalty ...................................................................................................................................... 6 SECTION FOUR - LICENSE REQUIREMENTS ..........................................................................................7 4.1 Restriction ................................................................................................................................. 7 4.2 Exemptions ................................................................................................................................ 7 4.3 Applications and Information ................................................................................................... 7 4.4 Issuance of License .................................................................................................................... 9 4.5 Non-Transferable ...................................................................................................................... 9 4.6 Term of License and Renewal ................................................................................................... 9 4.7 Display of License ...................................................................................................................... 9 SECTION FIVE - GENERAL REGULATIONS ........................................................................................... 11 5.1 Compliance with Law .............................................................................................................. 11 5.2 Inspections .............................................................................................................................. 11 5.3 Terms and Conditions by Director .......................................................................................... 11 5.4 Suspension or Cancellation of License .................................................................................... 12 5.5 Reconsideration ...................................................................................................................... 12 SECTION SIX - SPECIFIC BUSINESS REGULATIONS .............................................................................. 14 6.1 Adult Entertainment ............................................................................................................... 14 6.2 Canvassing for Profit ............................................................................................................... 14 6.3 Dating or Escort Services ......................................................................................................... 14 iii | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 6.4 Mobile Vendors ....................................................................................................................... 15 6.5 Multi-Unit Rental Property ..................................................................................................... 15 6.6 Second-Hand and Pawn Shops ................................................................................................ 15 6.7 Traveling Shows, Amusement Parks, Circuses, Carnivals, Midways, Rodeos and Events ...... 18 6.8 Pool Halls and Arcades ............................................................................................................ 18 1 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 SECTION ONE - PREAMBLE 1.1 Effective Date This bylaw comes into force and is effective on January 1st, 2017. 1.2 Repeal and Transition .1 The "City of Quesnel Business Regulation and Licensing Bylaw No. 1684", and all amendments thereto are repealed. .2 Any business license issued under the former Bylaw, that has not expired on the date that this Bylaw comes into force and effect, are deemed to have been issued under this Bylaw, and expire on December 31st, 2017 or such earlier date, as may be specified in the license. 1.3 Interpretation .1 Except as otherwise defined within this Bylaw, words and phrases herein are to be construed in accordance with their meanings under the Community Charter and the Interpretation Act, as the context and circumstances require. A reference to a statute refers to a statute of the Province of British Columbia unless otherwise indicated, and a reference to any enactment refers to that enactment as it may be amended or replaced from time to time. .2 The headings given to the sections and paragraphs in this Bylaw are for convenience of reference only. They do not form part of this Bylaw and will not be used in the interpretation of this Bylaw. .3 If any part, section, paragraph, or phrase of this Bylaw is for any reason held to be invalid by a decision of a Court of competent jurisdiction; such decision will not affect the validity of the remaining portions of this Bylaw. 1.4 Application .1 This Bylaw applies to all business activity in or from premises within the City, except in relation to an activity carried on: a) By the government of Canada or its agents, corporations, or persons acting for or on behalf of the Federal government; b) By the Province of British Columbia or its agents, corporations, or persons acting for or on behalf of the Province; c) By the City or another local government or by an agent, corporation, or person acting for or on behalf of the City or another local government; or d) By a person on an Indian Reserve, by an Indian Band within the meaning of the Indian Act (Canada), or by an Indian Band organization composed exclusively of Indian Bands or other person employed to act on behalf of the Indian Band. 2 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 1.5 No Warranty or Representation .1 The issuance, renewal, or continuation of a license, or of terms or conditions imposed by the City in relation to a license, is not and must not be construed as a guarantee, warranty, assurance, or other representation by the City or the Director that the owner, operator, or business complies with this Bylaw or other applicable laws, enactments, or occupational, trade, or professional standards. .2 Responsibility for meeting all legal requirements and standards, and for carrying on business in a reasonable and safe manner, rests entirely with the licensee, owner, operator, or other person engaged in or responsible for the business activity. 3 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 SECTION TWO - DEFINITIONS All words or phrases shall have their normal or common meaning except when they have been changed, modified, or expanded by the definitions set forth in this Section: ACCOMMODATIONS means a sleeping or dwelling unit(s) that is leased or rented to a tenant, which may include temporary and long term housing including apartment buildings, assisted/supportive residential living buildings, bed and breakfasts, hotels, lodging houses, mobile home parks, motels and RV parks; ADULT ENTERTAINMENT means the providing or furnishing images or entertainment materials, other than magazines, that are designed to appeal to erotic or sexual appetites or inclinations, or which primary feature is the visual representation of the pubic area of a human body or physical contact with that area; BUSINESS has the same meaning as defined in the Community Charter, as amended from time to time; Explanatory Note: a) Carrying on a commercial or industrial activity or undertaking of any kind, and b) Providing professional, personal or other services for the purpose of gain or profit, but does not include an activity carried on by the Provincial government, or by corporations owned by the Provincial government, by agencies of the Provincial government or by the South Coast British Columbia Transportation Authority or any of its subsidiaries. BYLAW ENFORCEMENT OFFICER means an officer or employee of the City who is responsible for inspections as to compliance with and enforcement of City bylaws; CHIEF OF POLICE means the non-commissioned Officer in Charge of the Royal Canadian Mounted Police for the City, or a person appointed to act in the place of the Officer in Charge; CITY means the City of Quesnel; COUNCIL means the persons elected to Council for the City and holding office as Council Members; DATING OR ESCORT SERVICES means the business of providing or furnishing a partner or escort for a special occasion or function, but does not include a person providing assistance to another person because of that other person's age, medical condition, or disability; DIRECTOR means a person holding the position as the Corporate Administrator or a person appointed to act in the place of the Director; DWELLING UNIT means accommodation providing sleeping, washroom and a kitchen facility intended for domestic use, and used or intended to be used permanently or semi-permanently for a household; 4 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 FINANCIAL INSTITUTION means the provision of financial and investment services by a bank, trust company, and credit union or cash lending businesses; GAMING FACILITY means a premise used primarily for any gaming purposes and includes arcades, casino halls, video lottery gaming and slot machine gaming, but does not include bingo halls and facilities regulated by the British Columbia Racing Commission; GARAGE SALE means the sale of used household goods belonging to the owner or occupant of a residential property; GROSS FLOOR AREA means the total area of all the floors, measured to the extreme outer limits of the building, including all dwelling units and all areas given access thereto, such as corridors, hallways, landings, foyers, staircases and stairwells, and includes enclosed balconies and mezzanines, enclosed porches or verandas, elevator shafts and accessory buildings, except those used for parking; HOME BASED BUSINESS means any occupation or profession that is carried on for gain which is accessory to the use of lands and premises for residential purposes, and that is carried on in compliance with the City of Quesnel Zoning Bylaw; LICENSE means a license required under this Bylaw to operate a business; LICENSEE means a person holding a current, valid license issued under this Bylaw; LICENSEE RETAIL STORE means an establishment that deals in the retail sale of liquor products, which is licensed in accordance with the Provincial Liquor Control and Licensing Act as amended from time to time; MINOR means a person under the age of 19 years or otherwise as set out in the Age of Majority Act, as reasonably proven by picture identification produced upon request by a Bylaw Enforcement Officer, the Director, or the Chief of Police; MOBILE BUSINESS means the business of offering for sale services primarily from a motor vehicle, service truck, or other commercial vehicle or device (includes building contractors, landscapers, etc.); MOBILE VENDOR means the business of selling or offering for sale goods primarily from a motor vehicle, trailer, cart, or other mobile device; NIGHTCLUBS/PUBS means any bars, pubs, lounges, or nightclubs where the primary purpose of the establishment is to serve alcohol, and which hold a liquor primary license from the Liquor Control Branch, and whose hours extend beyond 10:00 pm on a regular basis; NON-RESIDENT LICENSE means a current, valid license issued under this Bylaw to an applicant who does not reside in the City; 5 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 OWNER means a person who owns a business; PAWN means the deposit of property as a pledge or collateral security for a debt; PAWNBROKER means a person who carries on the business of buying, selling, taking in trade, procuring, offering for sale or accepting in pawn second-hand or unused property; PICTURE IDENTIFICATION means any of the following that is current and valid and includes a photograph of the person it identifies: a) A driver's license issued by a Canadian province or territory; b) A provincial identity card; c) A passport issued by the government of Canada or another state recognized by the government of Canada; d) A certificate of Canadian citizenship or landed immigrant status issued by the government of Canada; or e) A certificate of Indian status issued by the government of Canada; PREMISES means any building or part of a building, or other place, where a business is carried on or operated; PUSH CART means any device designed to be moved primarily by human power; REGISTER means an electronic documentation system that stores information regarding items that are exchanged at pawn shops; SECOND-HAND BUSINESS means the business of purchasing, receiving, taking on consignment, holding, offering for sale or trade, selling, exchanging, or otherwise dealing with used or second-hand property but does not include a pawn shop; TRADE NAME means the name used to identify a business to its patrons or members of the public; and VENDING MACHINE means any device intended or designed to dispense goods following the insertion of coins or tokens. 6 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 SECTION THREE - ADMINISTRATION AND ENFORCEMENT 3.1 Authority of Director .1 The Director may, in accordance with this Bylaw: a) Conduct investigations to determine compliance with this Bylaw or another enactment that applies to a business; b) Grant and issue a license under this Bylaw; and c) Refuse, suspend, or cancel a business license for reasonable cause. 3.2 Enforcement .1 This Bylaw may be enforced by a Bylaw Enforcement Officer, the Director, or the Chief of Police, or a person duly appointed to act in the place of the Director or the Chief of Police, and may be enforced: a) By means of a ticket issued under the MTI Bylaw; or b) By way of proceedings brought under the Offence Act. 3.3 Offence .1 A person who: a) Contravenes, violates, or fails to comply with any provision of this Bylaw; b) Permits, suffers, or allows any act or thing to be done in contravention of this Bylaw; or c) Fails or neglects to do anything required to be done under this Bylaw, commits an offence. Where the offence is a continuing one, each day that the offence continues shall constitute a separate offence. 3.4 Penalty .1 Upon being convicted of an offence under this Bylaw, a person shall be liable: a) If issued a ticket, to pay a fine imposed under the MTI Bylaw; or b) If a proceeding is brought under the Offence Act, to pay a fine of at least fifty dollars ($50.00) and up to a maximum of ten thousand dollars ($10,000.00), and any further amounts that may be ordered by the court under the Community Charter or the Offence Act. 7 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 SECTION FOUR - LICENSE REQUIREMENTS 4.1 Restriction .1 A person must not operate a business within the City except in accordance with this Bylaw and, unless exempted from this Bylaw, in accordance with a valid and current license issued by the Director for that business. 4.2 Exemptions .1 No license shall be required for a garage sale, which shall not occur at the same property more than three days in a single calendar year. .2 No license is required with respect to any temporary performance, concert, exhibition, or entertainment, or instructor which is held in a licensed theatre or duly licensed premises. This does not include traveling shows, amusement parks, circuses, carnivals, midways, and rodeos as defined in Section 6.7 of this Bylaw. 4.3 Applications and Information .1 Subject to Section 4.2, to carry on business, a person must apply for and obtain a separate license: a) For each business category, as described in Schedule A5 of the Comprehensive Fees and Charges Bylaw; b) Except for mobile businesses and mobile vendors, for each location in the City from which business is carried on; and c) For each trade name or type of business, where two or more separate and distinct trade names or types of business are identified as being located at the same premises. .2 A person may apply for a license by submitting a completed application, in a form approved by the Director, to the City of Quesnel, together with any further information that may be requested by the Director, and the applicable license fee for the business category as specified in Schedule A5 of the Comprehensive Fees and Charges Bylaw. .3 An application for a license must include the following information: a) A true copy of a current and valid identification record showing the name, address, business contact information, and signature: i. Of the applicant; ii. Of the business owner, if different from the applicant; and iii. Of the signing officers of an incorporated business, society, or other organization identified with the business; b) The civic address of the parcel on which the business is to be carried on; 8 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 c) If the business is carried on by an incorporated business, society, or partnership: i. The civic address of the registered and records office, if different from that of paragraph (b); and ii. Proof of incorporation and of being in good standing with the federal or provincial registrar, as applicable; d) A description of the business, including principal and secondary uses; e) Information as to the number of any employees, vehicles, rental units, or vending machines involved in the business; f) The proposed opening date for the business; g) Gross floor area of the space in which the business is operated; and h) If the license is for a person under the age of 19 years, written acknowledgement and consent by their parent, or guardian, to the business activity and agreeing to reasonably supervise the licensee or otherwise be responsible to ensure compliance with this Bylaw, other applicable enactments, and the terms of license. .4 If requested by the Director, an applicant or licensee must also provide the following information: a) A detailed physical description of the business premises; b) Copy of a current legal title search of the parcel on which the business is to be operated; c) Proof of any certification, approval, permit, registration, or other evidence of trade or professional qualification that may be required under an enactment in relation to the business operation, its premises or employees; d) A criminal record search by the RCMP for any outstanding charges or convictions for an offence relevant to the business activity; e) Classification, description, locations and routes of any dangerous goods, as defined in the Transportation of Dangerous Goods Act, that are manufactured, stored or transported as part of the business activity; and f) Any further information that, in the Director's opinion, is relevant and material to determining whether a license should be issued or continued. .5 An applicant or licensee must notify the Director in writing of any change or correction to the information provided on the license application. .6 An applicant for a license, and the licensee if different than the applicant, must ensure all of the information provided in relation to the application and the business is current, true, and accurate. .7 The applicant is solely responsible for the cost of providing information for a license application. Every licensee must provide, at its sole expense, any further information required by the Director, and for paying further fees in relation to the business. 9 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 4.4 Issuance of License .1 The Director may issue a license if satisfied that the applicant appears to be in compliance with this Bylaw and that the business is likely to be carried on in a reasonable and safe manner. The Director may, but is not required, make inquiries for and consider any information relevant to the business or its owner or operator. 4.5 Non-Transferable .1 No business license shall be transferred from one location of a business to another, should the business relocate, without prior approval of Director, and the payment of the required transfer fee as described in the Comprehensive Fees and Charges Bylaw. .2 Such transfer shall be refused by the Director where the premises, to which the applicant wishes to transfer the License, does not comply with the requirements of any of the City's Bylaws. .3 Where a transfer is refused, no refund shall be given to the applicant. No assignment of the license to a new purchaser of the business shall occur if the proposed Assignee is not a person qualified under the terms of this or any other Bylaw to carry on the business for which the license was issued. 4.6 Term of License and Renewal .1 A license shall be valid for the year in which it is obtained unless it has been cancelled. .2 In order to continue to operate a business beyond the term of its license, a licensee must renew the license by paying the applicable license fee. For every license renewal, the fee must be paid before March 1st of each and every year that the business activity continues. .3 License fees that remain unpaid after April 1st will be subject to an administration fee determined in accordance with the City of Quesnel Comprehensive Fees and Charges Bylaw. 4.7 Display of License .1 Every person who is required to obtain a license under this Bylaw must ensure that the license is posted in a prominent and conspicuous location, to which the public has access, at the business premises or in the case of a mobile vendor, similarly on the mobile unit, except: a) Multi-unit properties, which are the responsibility of the property owner, or authorized agent and must be produced at the request of the Director or a Bylaw Enforcement Officer, or delegate. .2 Every person who operates a business for which a non-resident license is required must carry the license on his or her person, and produce it at the request of the Director or a Bylaw Enforcement Officer. 10 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 .3 Every person who operates a business without a fixed place of business must carry the license on his or her person, and produce it at the request of the Director or a Bylaw Enforcement Officer. 11 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 SECTION FIVE - GENERAL REGULATIONS 5.1 Compliance with Law .1 A person carrying on a resident or non-resident business within the City must at all times comply: a) With this Bylaw, other Bylaws of the City 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; c) With any direction, requirements, restrictions, or limits established by Council and pursuant to a reconsideration of a decision to suspend or cancel a license, And must endeavor to operate the business in a manner that reasonably: d) Meets trade, occupational, professional, or other standards established by law or in the absence of law, by customary practice, for that business; e) Avoids nuisance for owners and residents in the vicinity of the business and the public generally; and f) Prevents and minimizes risks to the health and safety of employees, patrons, neighbors, and the public generally. 5.2 Inspections .1 Without limiting Section 3.1, the Director or Bylaw Enforcement Officer may, at reasonable times and in a reasonable manner, enter on or into a property, building, structure, or other premises where business is or appears to be carried on to inspect and determine whether all restrictions, conditions, and requirements under this Bylaw or another applicable enactment are being met. 5.3 Terms and Conditions by Director .1 The Director may impose terms and conditions that must be met for obtaining, continuing to hold, or renewing a license for the purpose of addressing any concern or obstacle to the reasonable operation of the business, including issues of safety, health, nuisance, crime prevention or reduction, security of persons or property, and otherwise compliance with this Bylaw or other applicable enactments. 12 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 5.4 Suspension or Cancellation of License .1 If the Director makes a decision to refuse an application for a license, or to suspend or cancel a license, the Director must provide reasons in writing to the applicant or licensee, as applicable. Notice of the refusal, suspension, or cancellation is deemed to be sufficient if delivered: a) By mailing or leaving the notice with the business owner, operator, manager, or agent, or by deposit in that person's mailbox or receptacle at the person's place of business or residence; b) By mailing or otherwise delivering the notice to the address of the premises described in a license application; or c) If the person to whom a notice is directed cannot be found, is not known, or refuses delivery, by posting a copy of the order in a conspicuous place on the premises noted in the license application. 5.5 Reconsideration .1 A person who has been refused a license, or whose license has been suspended or cancelled by the Director, may, within seven (7) days of being delivered a notice of the Director's decision, seek a reconsideration by Council by delivering to the City's Corporate Officer a written request for reconsideration, along with reasons and any further information supporting the position of the applicant or licensee. .2 A request for reconsideration may be heard at the next regularly scheduled meeting of Council if it is received by the Corporate Officer within ten (10) clear business days in advance of that date, or otherwise on the next regularly scheduled meeting of Council following receipt of the request. .3 If no request for reconsideration has been received by the Corporate Officer within seven (7) days after a notice has been delivered under Section 5.5.1, the Director's decision is final and the person must not engage in the business or allow it to operate: a) Until the period of suspension is ended; or b) Until the Director is satisfied that the reasons stated for the refusal or cancellation of the license have been fully addressed, and any related problems are fully resolved. .4 A person requesting reconsideration may provide further information and notice of any witnesses in support of his or her position up to two (2) days before the date the matter is to be heard. Council may request any information that it considers may be relevant to its decision, and may hear from the applicant, licensee, or a representative, and from any other person whom Council considers may provide information that is relevant to the matter. If the applicant or licensee does not attend, Council may consider the matter in his or her absence. 13 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 .5 If the Director is of the opinion that the operation of a business presents a significant and imminent threat to life safety or damage to property, a notice of suspension may be effective within a shorter period than the seven (7) day period set out in Section 5.5.3, as set out in the notice. In this case a request for reconsideration may be heard by any three members of Council or more who are available to meet on at least twenty-four (24) hours' notice. .6 Following an opportunity for reconsideration, Council may confirm or vary the decision of the Director, may reserve its decision to a further date; extend the effective date of the decision, place additional restrictions or conditions on the license, or otherwise substitute its own decision for that of the Director. .7 A person who has been refused a license, or whose license has been suspended or cancelled, must not operate or engage in the business that is subject of the decision to refuse, suspend, or cancel. 14 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 SECTION SIX - SPECIFIC BUSINESS REGULATIONS 6.1 Adult Entertainment .1 Every person who operates an adult entertainment business must restrict the display of images or descriptions of persons acting as dates or escorts, and any images of sexual or erotic messages, materials, or paraphernalia, to the inside of the business premises and so that they are not viewable by passersby. 6.2 Canvassing for Profit .1 Every person who engages in canvassing for profit must pay the applicable fee established in the Comprehensive Fees and Charges Bylaw. .2 Prior to each canvassing exercise, the owner or operator of the business, or its agent, must provide the Director with the following information: a) A list and description of the products or services that are subject of canvassing; b) The time period for the canvassing exercise; c) The area to be targeted for canvassing; and d) A list of all individuals who will be involved in canvassing. .3 Each individual who is involved in canvassing door to door or in public must wear affixed on his or her person a photograph image of himself or herself along with the name of the business or organization and a contact telephone number in a clearly visible position. .4 A person must not visit any residence for the purpose of canvassing for the purposes of selling goods or services between the hours of 8 p.m. and 8 a.m., unless a previous appointment with a resident has been made for the visit. 6.3 Dating or Escort Services .1 A person who provides a dating or escort service: a) Must ensure that no person under the age of nineteen (19) years is employed, contracted, or engaged in any aspect of the service; b) Must obtain documented proof of the identity and age of every person engaged in any aspect of the service, and retain those records for as long as the person continues to be engaged in any aspect of the service; c) Must verify the age of every person to whom the service is provided if that person appears to be under the age of thirty (30) years; d) Must not provide services to any person who is under the age of nineteen (19) years; e) Must post clear, legible signage in a prominent place at the business premises indicating that minors are prohibited from using or providing the services; and f) Must comply with all zoning regulations as described in Zoning Bylaw No. 1662. 15 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 6.4 Mobile Vendors .1 A person who engages in business as a mobile vendor must: a) Park the mobile vehicle, stand, cart, or other mobile device or conveyance: i. On private property only within the written permission of the registered property owner; or ii. On a part of the sidewalk, lane, park, or other public space only as permitted under the City's Sidewalk Food Vendors' Bylaw, or as designated in a license issued under this Bylaw; and iii. A minimum of 100.0 m from any business selling similar goods; i. Except when written permission has been granted from the owner of the business selling similar goods. b) In selling any commodity by its weight, have available and use a weight scale capable of accurately weighing any such commodity; c) Ensure that the business does not obstruct the free movement of pedestrians and traffic, as applicable; d) Ensure that any and all litter, refuse, or garbage generated by the business be disposed of appropriately, and that the space is maintained and left in a safe, clean, and sanitary condition. .2 Mobile vendors are prohibited from operating in residential zones. 6.5 Multi-Unit Rental Property .1 A business license is required where two or more dwelling units reside on the same property, not including units occupied by the owner of the property. .2 If more than one rental property, with 4 or less dwelling units, is owned by the same property owner, only one business license is required. Explanatory Note: Property owners with more than one property, which have two to four residential rental units per property, may obtain one license for all of those properties. Any property with over five residential rental units must obtain a separate business license for each property. 6.6 Second-Hand and Pawn Shops .1 Subject to Section 6.6.2, a person who owns or operates a second-hand, or pawn shop business must keep an electronic register, and must ensure that each time an item is received the following information is recorded in the register at the time of receiving it: 16 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 a) A reference number that is unique to that item; b) A description of the item, including its manufacturer or brand name, the make, model, serial number, colour, size, and any other identifying characteristics; c) The price paid for the item, or the value for which the item is being pawned; d) The date and hour of receiving property that is purchased or taken in pawn; e) The name, address, and telephone number of the person from whom property is purchased or received in pawn; f) Confirmation as to the identity of the person from whom the property is purchased or received in pawn, by way of picture identification, and the name of the authority that issued the picture identification; and g) Where a second hand items are purchased for metal salvage, the make, description, and provincial license number of any motor vehicle used by the seller to deliver the property to the premises. .2 A person who owns or operates a second-hand or pawn shop business limited to dealing with only the following goods is not required to keep a register: a) Antiques; b) Used clothing, footwear, furniture, houseware items such as dishes, cooking utensils, cutlery, costume jewelry, or knickknacks; c) Used books, paper, magazines, vinyl, or long-playing records; d) Recyclable materials such as bottles, cans, plastic, glass, cardboard, paper, or similar or other materials to be recycled in order to avoid waste; or e) A business that holds a valid Provincial license for dealing in used motor vehicles. .3 The owner or operator of a second-hand or pawn shop business must: a) Obtain a separate license for selling retail, new, or wholesale goods in addition to an ordinary license for dealing with used or second-hand goods; b) Not receive, acquire, purchase, keep, sell, trade, or release items except at the premises designated in the license; c) Not receive or acquire any items between 8 p.m. of one calendar day and 8 a.m. of the next calendar day; d) Not accept or purchase any property whose serial number or other identifiable marking has been wholly or partially removed, altered, obliterated, or obscured; e) Not cause, permit, suffer, or allow any item acquired or received to be altered, sold, traded, exchanged, released, or removed from the premises, or otherwise disposed of for at least ten (10) days from the date it was acquired or received, unless the item is removed by the RCMP pursuant to an investigation; and f) Ensure that any person engaged in any part of the business undergoes a criminal record search by the RCMP, at the expense of the owner or operator, prior to working at the premises. 17 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 .4 In regards to keeping and maintaining a register, the owner or operator of a second- hand or pawn shop business must: a) Record all information required under Section 6.6.1 in the register electronically; b) Transmit to the Chief of Police electronically, to a database provided by the City of Quesnel via the Internet using a site license and a password provided by the Chief of Police, a report consisting of that information set out in Section 6.6.1 with respect to each entry in the electronic register of property purchased or taken in pawn by the second-hand or pawn shop business, immediately after the purchase or the pawn occurs; c) Before the close of each business day, print out a hard copy of all electronic register information recorded during the course of the day, and maintain all such hard copies as a manual version of the register; d) Whenever the second-hand or pawn shop business is unable, for any reason, to record entries electronically, revert to maintenance of a handwritten register until electronic recording is again available so that no gap in the second-hand or pawn shop business's record keeping or reporting will exist; e) If the second-hand or pawn shop business is unable, for any reason, to record or transmit the report required under Section 6.6.4(b) electronically, once electronic recording and transmitting is again available, immediately transmit to the Chief of Police electronic records for all purchases or pawns made by the second-hand or pawn shop business and not previously recorded or transmitted; f) Ensure the register is not destroyed, defaced, or mutilated; g) Not cause, suffer, permit, or allow the information in the register to be recorded incorrectly or to be erased, removed, altered, falsified, obliterated, or obscured; h) Keep the register, or any portion of the register, that contains any entry that is less than twenty-four (24) months old; i) Keep the register within the Province of British Columbia for at least seven (7) years after the date of the last entry; j) If the business is sold, leased, or otherwise transferred or disposed of, transfer possession of the whole register to the person to whom it is transferred or who becomes responsible for the business; and k) Upon request of the Director, a Bylaw Enforcement Officer, the Chief of Police, or a member of the RCMP, produce the register for inspection. .5 A person who operates a second-hand or pawn shop business must: a) Ensure that no person under the age of nineteen (19) years is employed, contracted, or engaged in any aspect of the service; b) Obtain documented proof of the identity and age of every person engaged in any aspect of the service, and retain those records for as long as the person continues to be engaged in any aspect of the service; 18 | P a g e C i t y o f Q u e s n e l B u s i n e s s R e g u l a t i o n a n d L i c e n s i n g B y l a w N o . 1 8 1 0 , 2 0 1 6 c) Verify the age of every person to whom the service is provided if that person appears to be under the age of thirty (30) years; d) Not provide services to any person who is under the age of eighteen (18) years; and e) Post clear, legible signage in a prominent place at the business premises indicating that minors are prohibited from using or providing the services. 6.7 Traveling Shows, Amusement Parks, Circuses, Carnivals, Midways, Rodeos and Events .1 Every person who operates or provides a traveling show, amusement park, circus, carnival, midway, or rodeo must apply for a separate license for each time period and location that the show or event is held in the City of Quesnel. .2 As a condition of license, the applicant must provide the Director with written proof of having obtained comprehensive general liability insurance in respect of the show or event in an amount of at least two million dollars ($2,000,000.00) all inclusive, per occurrence, for injury and death to persons and for injury or damage to property, and the insurance policy must name the City as an additional insured. .3 A license for a business mentioned in Section 6.7.1 is valid for a maximum period of five (5) days. .4 At multi-vendor events, not including midways: a) The primary organization for the event is required to attain a business license; and b) Vendors are not required to attain a business license; however it is the responsibility of the primary organization to ensure that each vendor has attained appropriate health inspections, liability insurances, etc. 6.8 Pool Halls and Arcades .1 In this Bylaw, a pool hall or arcade includes a business with more than two pool tables or two electronic or mechanical arcade game machines, or any business whose primary source of revenue is from selling the use of pool tables or arcade game machines. .2 The owner or operator of a pool hall or arcade must ensure that all public areas of the pool hall or arcade are clearly visible from the outside of the premises.