Inter-Community Business License Bylaw No. 2208 (Consolidated, incl. Amendment 2233) — full text

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City of Revelstoke CONSOLIDATED FOR CONVENIENCE INTER-COMMUNITY BUSINESS LICENSE BYLAW NO. 2208 (CONSOLIDATED COPY - Includes Amendments Enacted by Bylaw No. 2233) CONSOLIDATED FOR CONVENIENCE All persons making use of this consolidated version of City of Revelstoke Inter- Community Business License Bylaw No. 2208 are advised that it has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaw must be consulted for all purposes of interpreting and applying the law. Sub sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation. Inter-Community Business License Bylaw 2208 CONSOLIDATED COPY - Includes Amendments Page 2 of 8 AMENDMENT BYLAW ADOPTED DATE Inter-Community Business License Amendment Bylaw No. 2233 October 8, 2019 Include City of Merritt as a participating municipality Inter-Community Business License Amendment Bylaw No. 2296 August 24, 2021 Update to exclusions section (Schedule A) for consistency with all other participating communities CITY OF REVELSTOKE BYLAW 2208 A Bylaw to Enter into an Inter-Community Business License Scheme WHEREAS two or more municipalities may, by bylaw adopted by Council of each Participating Municipality, establish an inter-municipal service scheme in relation to one or more matters for which they have authority under the Community Charter; AND WHEREAS the City of Revelstoke has authority to license businesses within the City of Revelstoke; AND WHEREAS each of the undersigned local governments (herein called singularly the Participating Municipality or as a group the "Participating Municipalities") has adopted this Bylaw; NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: 1. THAT this Bylaw may be cited for all purposes as the "Inter-Community Business License Bylaw No. 2208". 2. There is hereby established an inter-municipal business license service scheme, pursuant to Section 14 of the Community Charter and according to the terms and conditions of this Bylaw. 3. In this Bylaw unless the context otherwise requires: "Business" has the same meaning as defined by the Community Charter. "Excluded Businesses" means Business types which are excluded from application for an Inter-Community Business License and includes those Excluded Businesses referred to in Schedule 'A', attached to and forming a part of this Bylaw. "Inter-Community Business License" means a business license which authorizes an Inter-Community Business to be carried on within the boundaries of any or all of the Participating Municipalities in accordance with this Bylaw. "Municipal Business License" means a business license which authorizes an Inter- Community Business to be carried on within the boundaries of any or all of the Participating Municipalities in accordance with this Bylaw. "Participating Municipality" means those of the following municipalities that have adopted an inter-community business license bylaw and any other municipalities that adopt this bylaw at a later date: Inter-Community Business License Bylaw 2208 CONSOLIDATED COPY - Includes Amendments Page 4 of 8 City of Armstrong Regional District of Central Okanagan District of Coldstream City of Enderby City of Kelowna Village of Keremeos District of Lake Country Village of Lumby City of Merritt Town of Oliver Town of Osoyoos District of Peachland City of Penticton Town of Princeton City of Revelstoke City of Salmon Arm District of Sicamous Township of Spallumcheen District of Summerland City of Vernon City of West Kelowna "Person" includes an individual, corporation, organization, partnership, proprietorship, firm and the personal or other legal representative of a person to whom the context may apply under this Bylaw. "Premises" means a fixed or permanent location where the applicant ordinarily carries on Business. "Principal Municipality" means the Participating Municipality where a Business is located or has a Premises, or where the licensee does not maintain a Premises in any of the Participating Municipalities the jurisdiction that issues the Inter-community Business License. 4. Subject to sections 6 and 8, a Person who has obtained an Inter-Community Business License may carry on Business within a Participating Municipality for the term authorized by the Inter-Community Business License without obtaining a Municipal Business License in the other Participating Municipalities. 5. A Participating Municipality may issue an Inter-Community Business License to an applicant for an Inter-Community Business License provided the Business type is not an Excluded Business, and the applicant meets the requirement of this Bylaw in addition to the requirements of the Municipal Business License of that Participating Municipality. 6. Notwithstanding that a Person may hold an Inter-community Business License that would make it unnecessary to obtain a Municipal Business License in other Participating Municipalities, the Person must still comply with all other regulations of any municipal business license bylaw or regulation in addition to any other bylaws that may apply within any jurisdiction in which the Person carries on Business. Inter- Community Business License Amendment Bylaw No. 2233 - Include City of Merritt Inter-Community Business License Bylaw 2208 CONSOLIDATED COPY - Includes Amendments Page 5 of 8 7. A Business that operates an Inter-Community Business may only apply for an Inter-Community Business License from the Participating Municipality in which they maintain a Premises. 8. Neither this Bylaw nor the issuance of an Inter-Community Business License eliminates a requirement of a holder of an Inter-Community Business License to obtain a Municipal Business License for each Premises that is maintained within the jurisdiction of the Participating Municipality. 9. Notwithstanding Sections 5, 6 and 7, the Participating Municipalities agree that where an applicant for an Inter-Community Business License does not maintain Premises in any of the Participating Municipalities, then the applicant may apply at any one of them. The participating municipality's municipal business license must be purchased prior to the application for an Inter-Community Business License. 10. The fee for an Inter-Community Business License is outlined in the Fees and Charges Bylaw and shall be retained by the Participating Municipality that issues the license. The fee for an Inter-Community Business License is separate and additional to any Municipal Business License that may be required. 11. Every Inter-Community Business License shall be issued in a standard form to be agreed upon from time to time by the Participating Municipalities. Each Participating Municipality shall periodically provide the other Participating Municipalities with a list of Inter-Community Business Licenses that it has issued during the calendar year. 12. A Participating Municipality may exercise the authority of the principal municipality and suspend an Inter-Community Business License in relation to conduct by the holder within the Participating Municipality which would give rise to the power to suspend a business license under the Community Charter or the business license or regulation bylaw of the Participating Municipality. The suspension shall be in effect throughout all of the Participating Municipalities and it shall be unlawful for the holder to carry on the Business authorized by the Inter- Community Business License in any Participating Municipality for the period of the suspension. 13. If the Council of a Participating Municipality is of the opinion that reasonable cause exists to cancel an Inter-Community Business License issued by another of the Participating Municipalities, then it may by resolution reciting the details of such reasonable cause request the Principal Municipality that issued the license to consider whether or not the license should be cancelled pursuant to section 15 or section 60(2) of the Community Charter and amendments thereto. 14. Any resolution made under Section 13 shall be communicated in writing to the Principal Municipality that issued the Inter-Community Business License, together with such documentary evidence of the reasonable cause as may be available, and such Principal Municipality shall as soon thereafter as reasonably possible consider whether the Inter-Community Business License should be cancelled. Inter-Community Business License Bylaw 2208 CONSOLIDATED COPY - Includes Amendments Page 6 of 8 15. In making any decision as to whether to cancel an Inter-Community Business License under Section 14 or section 60(2) of the Community Charter and amendments thereto, the Principal Municipality shall approach the matter as if the conduct complained of had occurred within its own boundaries. 16. The Principal Municipality will retain the authority to hear related reconsiderations or appeals of suspensions and cancellations of Inter-Community Business Licenses. 17. Nothing in this Bylaw affects the authority of a Participating Municipality to suspend or cancel any business license issued by that municipality or to enact regulations in respect of any class of Business under section 15 of the Community Charter or amendments thereto. 18. A Participating Municipality may, by notice in writing to each of the other Participating Municipalities, withdraw from the Inter-Community Business License scheme established by this Bylaw, and notice must: (a) Set out the date on which the withdrawing municipality will no longer recognize the validity within its boundaries of business licenses issued pursuant to this bylaw, which date must be at least six months from the date of the notice; and (b) Include a certified copy of the bylaw authorizing the withdrawal. 19. An Inter-Community Business License issued prior to the effective date of the withdrawal shall, until it expires, remain valid within the boundaries of the withdrawing municipality; 20. The invalidity or unenforceability of any provision of this Bylaw shall not affect the validity or enforceability of any other provisions of this bylaw and any such invalid or unenforceable provision shall be deemed to be severable. 21. In the event of an inconsistency between this Bylaw and any other Bylaw relating to business licensing of a Participating Municipality, the provisions of this Bylaw shall take precedence. Inter-Community Business License Bylaw 2208 CONSOLIDATED COPY - Includes Amendments Page 7 of 8 22. This Bylaw shall come into force and take effect on the 1st day of January, 2018. READ A FIRST TIME THE 24th DAY OF OCTOBER, 2017. READ A SECOND TIME THE 24th DAY OF OCTOBER, 2017. READ A THIRD TIME THE 24th DAY OF OCTOBER, 2017. ADOPTED BY CITY COUNCIL THIS 14th DAY OF NOVEMBER, 2017. Manager of Legislative Services Mayor Certified a true copy, this ____________day of _______, ________________. _________________________________ Inter-Community Business License Bylaw 2208 CONSOLIDATED COPY - Includes Amendments Page 8 of 8 Schedule 'A' The following Business types are Excluded Businesses for the purposes of application for an Inter-Community Mobile Business Licence under the intermunicipal business licensing scheme set out in this Bylaw: - Social escort services - Vehicles for hire (for example, taxis, limousines, passenger directed or buses) - Body-rub services (which includes the manipulating, touching or stimulating by any means, of a Person's body or part thereof, but does not include medical, therapeutic or cosmetic massage treatment given by a Person duly licensed or registered under any statute of the Province of British Columbia governing such activities or a therapeutic touch technique.) - Those businesses selling goods or services to clients from the same location and not moving from client to client (eg, fruit stands/trucks, mobile stores, mobile vendors, flea markets, carnivals, trade shows, food truck vendors etc.) - Boat Rental Companies Inter- Community Business License Amendment Bylaw No. 2296 - Update to exclusions section (Schedule A) for consistency with all other participating communities