Business Licensing and Regulation Bylaw No. 1503 (Consolidated) — full text

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City of Revelstoke CONSOLIDATED FOR CONVENIENCE BUSINESS LICENSING & REGULATION BYLAW NO. 1503 - 1995 (CONSOLIDATED COPY - Includes Amendments Enacted by BYLAWS No. 1682, 1762, 1768, 2035, 2209, 2214, 2237, 2281, 2305 & 2398) CONSOLIDATED FOR CONVENIENCE All persons making use of this consolidated version of City of Revelstoke Bylaw No. 1503 - 1995 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 Sub sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation. AMENDMENT BYLAW ADOPTED DATE Business License Bylaw 1682 May 27, 2002 Updated Section 16 Business License Bylaw 1762 September 27, 2004 Updated Section 34 Business License Bylaw 1768 November 22, 2004 Amended Schedules A Business License Bylaw 2035 March 10, 2015 Removed Schedule A - Fees Updated Sections 2, 11, 16, 17, 23, 25, 27, 33 Deleted Section 20 Added Section 36, 39 Business License Bylaw 2209 November 14, 2017 Added Inter-Community Business License Definition Updated Sections 4, Added Classes in Schedule A: Recreational Commercial Accommodation Units Inter-Community Business Business License Bylaw 2214 March 27, 2018 Amended License Fee prorating Business License Bylaw 2237 October 16, 2018 Amended Schedule A, added Cannabis Production Facility, Cannabis Retail Sales and Manufacturer/Processing Plants Business License Bylaw 2281 December 8, 2020 Amended Schedule A to align with Fees & Charges Bylaw and amended definition For Licence Inspector Business License Bylaw 2305 April 19, 2022 Amended Schedule A Business License Bylaw 2398 Amended definition of Licence Inspector Deleted & replaced Licence Application & Fee Section Deleted & replaced Issuing of Licences Section Amended Suspension Or Cancellation of Licences Section Deleted Additional Fees Section October 22, 2024 Deleted & replaced Violations and Penalties Section Amended Appeal Procedures Section Updated references to Zoning Bylaw 2299, 2022 Moved Section 39 to follow Section 42 Deleted Schedule A in its entirety CITY OF REVELSTOKE BYLAW NO. 1503 A Bylaw to Provide for the Licensing and Regulation of Businesses in the City of Revelstoke WHEREAS the Council of the City of Revelstoke, deems it necessary to authorize and regulate the issuance of licences and the levying and collecting of licence fees in respect to the trades, occupations, professions and businesses hereinafter set forth. NOW THEREFORE the Council of the City of Revelstoke, in open meeting assembled, enacts as follows: SHORT TITLE 1. This Bylaw may be cited for all purposes as the "City of Revelstoke Business Licensing and Regulation Bylaw No. 1503, 1995". INTERPRETATION 2. In the Bylaw, unless the context otherwise requires: APPLICANT: Means any person who makes application for a business licence under the provisions of this Bylaw. BUILDING OFFICIAL: Means any person appointed from time to time as Building Inspector for the City and includes any person lawfully acting in that capacity. BUSINESS: Means carrying on a commercial or industrial undertaking of any kind or nature or the providing of professional, personal or other services for the purpose of gain or profit, but does not include an activity carried on by the government, its agencies or government owned corporations. BYLAW: Means the City of Revelstoke Business Licensing and Regulation Bylaw No. 1503, 1995. CITY: Means the City of Revelstoke. FEE: Means the licence fees set out in the current Fees and Charges Bylaw. FIRE CHIEF: Means any person appointed from time to time as Fire Chief for the City and includes any person lawfully acting in that capacity. INTER-COMMUNITY BUSINESS LICENSE (ICBL): Means a business license which authorizes a Mobile Business to be carried on within the boundaries of any or all Participating Municipalities in accordance with an Inter-Community Business License Bylaw. LICENCE: Means a licence issued under this Bylaw. LICENCE INSPECTOR: means: The officials appointed by Council as contained within this bylaw and includes Building Inspectors, Bylaw Compliance Officers, Planning Technician, A person who is Amended Bylaw 2281 redefined Licence Inspector. Definition updated by Bylaw 2305 Definition updated by Bylaw No. 2398 Amended Bylaw 2237 BYLAW Business Licensing Bylaw 1503 CONSOLIDATED COPY - Includes Amendments Page 2 of 11 Definition updated Bylaw No. 2398 acting in the capacity of any of the foregoing; or Persons appointed by Council from time to time to administer this Bylaw. NON-RESIDENT BUSINESS: Means a business, other than a resident business carried on in the City or with respect to which any work or service is performed in the City. RESIDENT BUSINESS: Means a business carried on in or from premises within the City. 3. The definitions of classes of business set out in the Fees and Charges Bylaw, as amended from time to time, form a part of this Bylaw. LICENCE REQUIRED: 4. No person shall carry on, maintain, own or operate from premises within the City a trade, business, profession, occupation or calling unless the owner or operator thereof: a) is the holder of a valid and subsisting License issued under the Bylaw by the License Inspector; or b) is the older of a valid ICBL pursuant to an Inter-Community Business License Bylaw. 5. Any person who, a) advertises by newspaper publicity or otherwise, as open for business of any kind; b) deals in or buys, sells, barters or displays, or offers by advertisement or otherwise to buy, sell, or barter things of any kind, either on behalf of himself or of any other person; or c) advertises as open to render professional or other services; to the inhabitants of or visitors in the City, shall be deemed to be carrying on, engaged in, or practicing within the City their respective profession, business, trade, occupation, employment, calling or purpose. 6. No person required to be licensed herein shall sell, offer for sale, or display goods or canvass or solicit business of any kind whatsoever on any highway, street, lane, sidewalk or public parking lot within the City except as allowed by this Bylaw. 7. No person in the City shall call at any residence between the hours of 8:00 p.m. and 9:00 a.m. for the purpose of selling, soliciting or taking orders for goods, materials, publications or service of any kind, unless a previous appointment has been made for such call. 8. A holder of a licence shall apply for renewal of the licence prior to the beginning of each licensing period as long as the business for which the licence is held is carried on, and shall pay to the City the annual licence fee set out in the current Fees and Charges Bylaw. LOCATION AND NUMBER OF PLACES OF BUSINESS: 9. A person who carries on more than one business in or from any one premises shall obtain a separate licence for each business. 10. Where a business is carried on in or from more than one premises in the City, the business carried on from or in each premises shall be deemed a separate business. Business Licensing Bylaw 1503 CONSOLIDATED COPY - Includes Amendments Page 3 of 11 EXEMPTIONS: 11. This Bylaw does not apply to: a) real estate agents exempted by the Real Estate Services Act; b) performances, concerts, exhibitions or entertainments the net proceeds of which are devoted to a charitable purpose; c) performances, concerts, exhibitions, entertainments or concessions held in a licensed theatre or other licensed place; or d) The business of letting or renting not more than two rooms for long-term tenants (greater than 30 days), excluding Short Term Rentals, Bed and Breakfasts and Secondary Suites. LICENSING PERIOD: 12. Except as hereinafter otherwise provided, licences shall be granted for a one-year period to commence on the first day of January and to terminate on the 31st day of December, in each and every year. LICENCE APPLICATION AND FEE: 13. An applicant shall complete the application form supplied by the City for the purpose of issuing licences. The application shall be signed by the owner of the business or their duly authorized agent, provided that in the case of a partnership or multiple owners any one of such partners or owners may apply and such partner or owner applying shall be deemed to be the duly authorized agent of all the partners or owners. 14. The application form shall be delivered to the Licence Inspector and shall be accompanied by the applicable licence fee set out in current Fees and Charges Bylaw and an executed consent for criminal record search, when required by the Licence Inspector. In the case of a partnership or multiple owners an executed consent shall be delivered in respect of each partner or owner. 15. Annual licence renewal fees are due by January 31st for the calendar year. Payments received after this date will incur penalties in accordance with the Fees and Charges Bylaw as amended from time to time. 16. No licence fee paid pursuant to this Bylaw shall be refundable. 17. The licence fee prescribed in this Bylaw shall be reduced as follows: a) In the first year that a business entity applies for a license, the license fee prescribed for that business in the Fees and Charges Bylaw as amended from time, shall be prorated, depending on the date that the business commences: January 1 to June 30 -100% of the fee shall apply July 1 to December 31 -50% of the fee shall apply FEES COLLECTED: 18. All fees collected by the Licence Inspector under this Bylaw shall be paid forthwith to the Financial Officer of the City who shall deal with the said fees in the manner provided by the Community Charter. Section deleted in its entirety and replaced. Bylaw No. 2398 Amended Bylaw 2305 Item 11 d) Amended Bylaw 2281 removed b) One Day Licence (moved to Schedule A) Business Licensing Bylaw 1503 CONSOLIDATED COPY - Includes Amendments Page 4 of 11 ISSUING OF LICENCES: 19. The Licence Inspector is hereby authorized to grant, issue or transfer licences pursuant to this Bylaw where this Bylaw and other City Bylaws regulating building, zoning, health, sanitation and business are and will be complied with by the applicant in respect of the premises. 20. The Licence Inspector is hereby authorized to determine with respect to each application for a licence, what class of business listed in the Fees and Charges Bylaw, as amended from time to time, the application comes within. a) In addition to the requirements of this Bylaw, any Licence for a Short Term Rental or Bed and Breakfast is subject to the specific regulations contained in Section 41 & 42. 21. The Licence Inspector shall, prior to issuing a licence, obtain approval in writing from the Fire Chief, Building Official, Environmental Health Officer, Electrical Inspector for the Province of British Columbia and any other official concerned with the administration and enforcement of the City Bylaws referred to in Section 19, but only as required in each case. 22. The Licence Inspector shall not issue a licence for premises where food is prepared, displayed or sold, until the premises have been approved for business by the Environmental Health Officer for the Province of British Columbia. CHANGES AFFECTING LICENCE: 23. A person granted a business licence under this bylaw shall; (a) notify the Licence Inspector of any change in the mailing and/or business address, the classification of the business, the premises in which the business is being carried out, and (b) notify the Licence Inspector when the licence is no longer required. 24. A person holding a business licence under this bylaw where the licence fee for the business licence, as set out in the current Fees and Charges Bylaw, is based on floor area, ground area, number of persons engaged in the business, number of machines or number of rental units, shall notify the Licence Inspector of any change in the floor area, ground area, number of persons engaged in the business, number of machines or number of rental units, before commencing any change, and shall pay to the City any increase in fee or fees resulting from the change before commencing the change. TRANSFER OF LICENCE: 25. No person shall transfer a business to another person or another premises without obtaining a transfer of the licence. 26. An applicant for transfer of a licence shall pay to the Licence Inspector in advance of obtaining the transfer a fee as set out in the current Fees and Charges Bylaw. 27. The Licence Inspector is hereby authorized to refuse to issue a transfer of licence where the premises to which the applicant wishes to transfer the business does not comply with the requirements of this Bylaw or other City Bylaws regulating buildings, zoning, health, and sanitation. Amended Bylaw 2305 Added 19 a). Section replaced in its entirety Bylaw No. 2398 Business Licensing Bylaw 1503 CONSOLIDATED COPY - Includes Amendments Page 5 of 11 SUSPENSION OR CANCELLATION OF LICENCES: 28. A Licence Inspector may refuse, suspend, or cancel a licence for reasonable cause and upon request, give written reasons for the decision. Reasonable cause for refusal, suspension or cancelling include, but are not limited to, where a Licencee; a) has failed to comply with a term or condition of the Licence; b) has failed to pay applicable annual licence renewal fee as set out in the current Fees and Charges Bylaw; or c) premises cease to comply with a bylaw regulating building, land use, health, fire, environmental or business issues; 29. The Licence Inspector may suspend a licence for such period as he may determine, subject to the Community Charter. 30. A notice of suspension of licence may be posted by the Inspector upon the premises for which the licence was issued and such notice shall not be removed until the licence is reinstated, the licensee ceases to occupy the premises, or a business other than the one carried on by the licensee is started on the premises. 31. The Licence Inspector may also demand the return of any licence held by the licensee during such period of suspension. LICENCE TO BE DISPLAYED: 32. The licensee or person in charge or control of premises where the business for which a licence is issued or is carried on, shall at all times keep the licence or licences prominently displayed in the business area of the premises to which the public has access. LICENCE INSPECTOR: 33. The Council may, by resolution, appoint a person to be the Licence Inspector and may, in addition appoint such persons as Council deems necessary to assist the Licence Inspector in the administration and enforcement of this Bylaw. INSPECTION: 34. The Licence Inspector is hereby authorized to enter, at all reasonable times, upon any property subject to this Bylaw in order to ascertain whether this Bylaw is being observed. SECURITIES: 35. Where specified in the current Fees and Charges Bylaw, an applicant for a licence to carry on a non-resident business shall provide a deposit to the Licence Inspector, by way of cash, certified cheque or negotiable securities an amount set out in the current Fees and Charges Bylaw. The security shall be given from the date the Licence is issued, and shall be subject to Section 19 of the Community Charter. VIOLATIONS AND PENALTIES: 36. Every person who offends against any of the provisions of this Bylaw, or permits any act or thing to be done in contravention or violation of any provisions of this Bylaw, or neglects to do or refrains from doing anything required to be done by this Bylaw, or does Amended Bylaw No. 2398 Business Licensing Bylaw 1503 CONSOLIDATED COPY - Includes Amendments Page 6 of 11 any act or thing which violates any of the provisions of this Bylaw, shall be deemed to have committed an offence under this Bylaw and shall be liable on conviction to a fine of not more than Fifty Thousand Dollars ($50,000.00) but not less than Three Thousand Dollars ($3,000.00) and including the costs of prosecution. Each day on which an offence continues shall constitute a separate offence. a) No person may obstruct a License Inspector in the execution of their duties. 37. This bylaw is designated under the provisions of Section 264 of the Community Charter as a bylaw that may be enforced by means of a ticket in the form prescribed, and in accordance with this bylaw. APPEAL PROCEDURES: 38. Any person whose licence has been suspended, cancelled, or has been refused a licence, or who wishes to appeal a business classification determined by the Licence Inspector, may appeal to Council by giving notice to the Municipal Administrator of the intention to appeal. Such appeal shall be made in writing and shall state in a concise manner the grounds upon which the appeal is made. Council shall appoint a time and place for the hearing of the appeal and may confirm or set aside such decisions made by the Licence Inspector as it may deem fit. 39. The City of Revelstoke Licensing and Regulating Bylaw 1262 and amending Bylaws 1268, 1352, 1379 and 1428 are hereby repealed. APPLICATIONS FOR SHORT TERM RENTALS / BED AND BREAKFASTS: 40. An applicant for a Short Term Rental or Bed and Breakfast Licence shall at the time of making such application, in addition to the general requirements under this Bylaw, provide: (a) Proof of ownership of the premises from which the Short Term Rental or Bed and Breakfast will be operated; (b) If required, proof of permanent residency of the person operating the Short Term Rental or Bed and Breakfast, which may include but not be limited to government issued photo identification; (c) A contact name and number for an operator who is responsible for operating the Short Term Rental or Bed and Breakfast; (d) A fire / safety evacuation plan, parking plan, and floor plan for the dwelling in which the Short Term Rental or Bed and Breakfast is located; and (e) Any other information that may be required by the Licence Inspector for the purpose of assessing the application's compliance with this Bylaw or the City of Revelstoke Zoning Bylaw, as amended from time to time. 41. In considering an application for a Short Term Rental or Bed and Breakfast Licence, the Licence Inspector may require an inspection of the premises from which the Short Term Rental or Bed and Breakfast will be operated. SHORT TERM RENTAL / BED AND BREAKFAST LICENCE CONDITIONS 42. Every Licence for a Short Term Rental or Bed and Breakfast issued under this Bylaw must abide by the following regulations, which form conditions attached to the Licence: Amended Bylaw 2305 Added 40 Amended Bylaw 2305 Added 41 Additional Fees Section deleted in its entirety Bylaw No. 2398 Violations and Penalties Section deleted in its entirety and replaced Bylaw No. 2398 Amended Bylaw No. 2398 Business Licensing Bylaw 1503 CONSOLIDATED COPY - Includes Amendments Page 7 of 11 (a) The owner shall provide the City with the current contact information for the operator of the Short Term Rental or Bed and Breakfast. (b) The operator shall be available 24 hours a day, seven days a week to address any nuisance concerns that may result while the Short Term Rental or Bed and Breakfast is operating. (c) For the purposes of operating a Short Term Rental or Bed and Breakfast, as may be required to ensure adherence to City of Revelstoke Zoning Bylaw, as amended from time to time, the owner may be required to: i. be a permanent resident at the Short Term Rental or Bed and Breakfast premises; ii. be responsible for operating the Short Term Rental or Bed and Breakfast; iii. have only one permanent address. (d) If required, the owner shall accommodate all necessary inspections from the Fire or Building Officials and Bylaw Compliance/Enforcement Officers. (e) The owner must display the Licence so that it is prominently displayed within the Short Term Rental or Bed and Breakfast premises and must also display a valid Licence as part of any marketing including, but not limited, to online listings for the Short Term Rental or Bed and Breakfast. 43. No advertising of a Short Term Rental or Bed and Breakfast is permitted without a valid business license. 44. The Licence Inspector may impose any other conditions on the operation of a Short Term Rental or Bed and Breakfast that in the Licence Inspector's sole discretion may be necessary to ensure that the Short Term Rental or Bed and Breakfast complies with this Bylaw or the City of Revelstoke Zoning Bylaw, as amended from time to time. Amended Bylaw 2305 Business Licensing Bylaw 1503 CONSOLIDATED COPY - Includes Amendments Page 8 of 11 SEVERABILITY 45. If any section, sub-section, clause, phrase or sentence of this bylaw is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw. 46. The City of Revelstoke Licensing and Regulating Bylaw 1262 and amending Bylaws 1268, 1352, 1379 and 1428 are hereby repealed. 47. This Bylaw shall take effect upon the date of its adoption by City Council. READ A FIRST TIME THIS 14th DAY OF NOVEMBER, 1995 READ A SECOND TIME THIS 14th DAY OF NOVEMBER, 1995 READ A THIRD TIME THIS 14th DAY OF NOVEMBER, 1995 ADOPTED THIS 27th DAY OF NOVEMBER, 1995. CLERK MAYOR Amendment Bylaw 2281 Schedule A Replaced in entirety. Amended Bylaw 2305 Inserted Short Term Rental and renumbered Schedule A deleted in entirety Bylaw No. 2398 List of repealed Bylaws moved. Bylaw No. 2398