Business Licence - Bylaw 7360 (2002)

Richmond, British Columbia

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8081972 CITY OF RICHMOND BUSINESS LICENCE BYLAW NO. 7360 EFFECTIVE DATE - JUNE 24, 2002 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW DATE OF ADOPTION EFFECTIVE DATE (If different from Date of Adoption) Bylaw No. 7432 November 12, 2002 Bylaw No. 7464 December 8, 2003 Bylaw No. 7808 October 25, 2004 Bylaw No. 8146 November 27, 2006 Bylaw No. 8154 November 27, 2006 Bylaw No. 8163 January 8, 2007 Bylaw No. 8302 November 26, 2007 Bylaw No. 8334 May 12, 2008 Bylaw No. 8365 May 12, 2008 Bylaw No. 8407 September 8, 2008 Bylaw No. 8443 January 12, 2009 Bylaw No. 8551 November 23, 2009 Bylaw No. 8619 September 13, 2010 Bylaw No. 8654 November 22, 2010 Bylaw No. 8666 January 24, 2011 Bylaw No. 8799 November 14, 2011 Bylaw No. 8919 October 22, 2012 [except for Section 2.1.31 and portions of Section 3.6 which come into effect on January 23, 2013] Bylaw No. 9090 February 24, 2014 Bylaw No. 9212 March 23, 2015 Bylaw No. 9255 July 13, 2015 Bylaw No. 9632 February 14, 2017 Bylaw No. 9650 May 23, 2017 Bylaw No. 9696 May 23, 2017 Bylaw No. 9722 July 10, 2017 8081972 Bylaw No. 9718 October 23, 2017 Bylaw No. 9763 November 27, 2017 Bylaw No. 10067 January 13, 2020 Bylaw No. 10171 Apri1 14, 2020 Bylaw No. 10145 April 27, 2020 Bylaw No. 10597 October 7, 2024 Bylaw No. 10669 June 9, 2025 8081972 CITY OF RICHMOND BUSINESS LICENCE BYLAW NO. 7360 TABLE OF CONTENTS PART ONE - BUSINESS LICENCE APPLICATION PROCESS................................1 PART TWO - SPECIAL BUSINESS LICENCE APPLICATION REQUIREMENTS 2.1.1 Adult Entertainment Establishment ....................................................................3 2.1.2 Air Conditioning Contractor ................................................................................4 2.1.3 Automobile Dealer (New and Used) .....................................................................4 2.1.4 Body-Painting Studio .............................................................................................4 2.1.5 Body-Rub Studio ....................................................................................................4 2.1.6 Christmas Tree Stand ............................................................................................5 2.1.7 Commercial Entertainment ..................................................................................5 2.1.8 Delivery Services ....................................................................................................5 2.1.9 Electrical Contractor .............................................................................................5 2.1.10 Escort Services .......................................................................................................6 2.1.11 Locksmith Services ................................................................................................6 2.1.12 Gas Contractor .......................................................................................................6 2.1.13 Mobile Vendor ........................................................................................................7 2.1.14 Parking Enforcement Business Using Automobile Immobilizing Devices .....................................................................................................................7 2.1.15 Pest Control Contractor ........................................................................................7 2.1.16 Pipe Fitting Contractor .........................................................................................7 2.1.17 Plumbing Contractor .............................................................................................7 2.1.18 Private Investigation Agency ................................................................................7 2.1.19 Refrigeration Contractor ......................................................................................8 2.1.20 Retail Video Store ..................................................................................................8 2.1.21 Roadside Stands .....................................................................................................8 2.1.22 Deleted .....................................................................................................................9 2.1.23 Security Installation Contractor .........................................................................10 2.1.24 Sprinkler Contractor ...........................................................................................10 2.1.25 Telephone Sales Office .........................................................................................10 2.1.26 Travel Agency.......................................................................................................10 2.1.27 Vehicles for Hire ..................................................................................................10 2.1.28 Vending Machine Operators (Group 2 - Newspaper Dispensing) ..................13 2.1.29 Vending Stands.....................................................................................................13 2.1.30 Farmers' Market ..................................................................................................13 2.1.31 Metal Dealer or Recycler .....................................................................................15 2.2 DELETED ............................................................................................................15 2.3 Professional Dog Walkers - Off-Leash Permits ................................................15 2.4 Bed and Breakfast Establishment ......................................................................17 2.5 Short Term Boarding and Lodging ....................................................................17 8081972 BUSINESS LICENCE BYLAW NO. 7360 TABLE OF CONTENTS Pg. 2 PART THREE - BUSINESS LICENCE USE CATEGORIES 3.1 Adult Oriented Category .....................................................................................20 3.2 Assembly Use Category (Group 1) .....................................................................20 3.3 Assembly Use Category (Group 2) .....................................................................20 3.4 Assembly Use Category (Group 3) .....................................................................21 3.5 Industrial/Manufacturing Use Category ...........................................................22 3.6 Mercantile Use Category .....................................................................................22 3.7 Residential Use Category ....................................................................................25 3.7A Bed and Breakfast Use Category........................................................................25 3.7B Boarding and Lodging Use Category.................................................25 3.8 Service Use Category ...........................................................................................25 3.9 Vehicle for Hire Use Category ............................................................................28 3.10 Vending Machine Use Category .........................................................................28 3.11 ................................................................................................................................30 3.12 ................................................................................................................................30 PART FOUR - GENERAL PROVISIONS 4.1 Requirement to hold Business Licence ..............................................................30 4.2 Business Licence Period ......................................................................................31 4.3 Business Transfer Licence ...................................................................................31 4.4 General Provisions - Vending on City Streets ..................................................32 4.5 Miscellaneous Business Licence Provisions .......................................................32 PART FIVE - BYLAW VIOLATIONS AND PENALTIES ...................................................32 PART SIX - PREVIOUS BYLAW REPEAL ...........................................................................33 PART SEVEN - INTERPRETATION ......................................................................................34 PART EIGHT - SEVERABILITY AND BYLAW CITATION .............................................40 8081972 CITY OF RICHMOND BUSINESS LICENCE BYLAW NO. 7360 The Council of the City of Richmond enacts as follows: PART ONE: BUSINESS LICENCE APPLICATION PROCESS 1.1 An applicant for a licence must: (a) complete an application form provided by the Licence Inspector; and (b) deliver such application to the Licence Inspector, together with the non-refundable fee specified in the Consolidated Fee Bylaw No. 8636, which is attached to and forms a part of this bylaw, as determined by the use categories specified in Part 3. 1.2 Every applicant must provide the following information on the application form: (a) a detailed description of the business; (b) the address or usual place of such business; (c) the name and full address of the applicant; (d) the number of employees in such business or working at a location in the City; (e) in the case of a food service establishment, the customer seating capacity available; (f) any liquor licence issued to such applicant, under the Liquor Control & Licencing Act; (g) the floor area in square metres, occupied by the business; (h) an attestation that the applicant is eligible to apply for a licence in accordance with the provisions of this bylaw; (i) in the case of a company or society, a copy of that company's Company Summary or that society's Society Summary, as the case may be, from the BC Registry Services, for a search conducted no more than seven (7) days prior to the date of submission of the application form; BYLAW NO. 7360 Page 2 8081972 (j) in the case of a partnership that is a limited partnership or a limited liability partnership, a copy of that partnership's Partnership Summary, from the BC Registry Services, for a search conducted no more than seven (7) days prior to the date of submission of the application form; and (k) any other information the Licence Inspector may require. 1.3 An applicant may combine more than one licence application on the same application form. 1.4 An applicant who fails to provide the information required in section 1.2, or who conceals any information which should be disclosed in an application, is liable to the penalties stipulated in Part 5. 1.5 Where an applicant is required to hold a Provincial Certificate of Proficiency or Qualification for a particular business, the Licence Inspector must not grant such applicant a licence until satisfied the applicant has complied with any relevant Provincial requirements, as specified in Part 2. 1.6 All premises in the City from which an applicant proposes to conduct business must be approved by the Licence Inspector for compliance with the Zoning Bylaw, the Building Regulation Bylaw, the Fire Prevention Bylaw, and any other applicable City bylaws and regulations before any licence is granted. 1.7 No person is eligible to apply for a licence, and a licence inspector must not issue a licence to a person, if: (a) such person had a licence; (b) such person was a key individual of another person who had a licence; (c) such person is a corporation or partnership, and one or more key individual in respect of such corporation or partnership: (i) had a licence; or (ii) is or was a key individual of another person that had a licence; or (d) a related person to such person had a licence for the same or similar form of business, at the same location, either: (i) cancelled pursuant to the provisions of this bylaw or the Community Charter, within the previous two year period, unless determined otherwise by Council; or (ii) suspended pursuant to the provisions of this bylaw or the Community Charter, and such suspension is still in effect. BYLAW NO. 7360 Page 3 8081972 1.8 If a person has been provided with notice of a hearing contemplating the cancellation or suspension of a licence, then until such time as a decision has been rendered with respect to such hearing: (a) such person; (b) a key individual of such person; (c) a corporation or partnership of which such person is or was a key individual; (d) a corporation or partnership of which one more key individual is or was a key individual of such person; or (e) a related person to such person is not eligible to apply for or be issued a licence for the same or similar form of business, at the same location, under a different name than that of the current licencee. 1.9 A licence inspector may refuse to issue a licence to a person, if such person has an unpaid fine owing to the City pursuant to this bylaw or any other bylaw of the City. PART TWO: SPECIAL BUSINESS LICENCE APPLICATION REQUIREMENTS 2.1 In addition to meeting the requirements of Part 1, applicants for the following specific categories of licence must satisfy the applicable requirements specified in this Part at the time of application, before a licence will be issued. 2.1.1 Adult Entertainment Establishment 2.1.1.1 Every Adult Entertainment Establishment applicant whose business may, in the opinion of the Licence Inspector, result in an exposure of the City to financial liability, must deposit with the City: (a) an indemnity bond in the amount of not less than $2,000,000; or (b) a comprehensive liability insurance policy in the same amount, obtained from an insurance company licenced in the Province of British Columbia, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy has been issued to each. BYLAW NO. 7360 Page 4 8081972 2.1.2 Air Conditioning Contractor 2.1.2.1 Every air conditioning contractor applicant must provide the Licence Inspector with a copy of the Certificate of Qualification in the trade of Air Conditioning, issued to such applicant by the Province of British Columbia. 2.1.3 Automobile Dealer (New and Used) 2.1.3.1 Every automobile dealer (new and used) applicant must provide the Licence Inspector with a copy of the Motor Dealer Registration Certificate issued to such applicant by the Province of British Columbia. 2.1.4 Body-Painting Studio 2.1.4.1 Every Body-Painting Studio applicant must provide the Licence Inspector with the name, age, date of birth, current address and picture identification of each person proposed to be employed or engaged in such business, together with any additional information which the Licence Inspector may require. 2.1.4.2 Every Body-Painting Studio applicant whose business may, in the opinion of the Licence Inspector, result in an exposure of the City to financial liability, must deposit with the City: (a) an indemnity bond in the amount of not less than $2,000,000; or (b) a comprehensive liability insurance policy in the same amount, obtained from an insurance company licenced in the Province of British Columbia, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy has been issued to each. 2.1.5 Body-Rub Studio 2.1.5.1 Every Body-Rub Studio applicant must provide the Licence Inspector with the name, age, date of birth, current address and picture identification of each person proposed to be employed or engaged in such business, together with any additional information which the Licence Inspector may require. 2.1.5.2 Every Body-Rub Studio applicant whose business may, in the opinion of the Licence Inspector, result in an exposure of the City to financial liability, must deposit with the City: BYLAW NO. 7360 Page 5 8081972 (a) an indemnity bond in the amount of not less than $2,000,000; or (b) a comprehensive liability insurance policy in the same amount, obtained from an insurance company licenced in the Province of British Columbia, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy has been issued to each. 2.1.6 Christmas Tree Stand 2.1.6.1 Every Christmas tree stand applicant must provide a $500 per- site damage deposit to the City, which may be returned after the conclusion of the offering for sale of such trees, provided the site has been cleaned and all refuse and debris has been removed to the satisfaction of the Licence Inspector. 2.1.7 Commercial Entertainment 2.1.7.1 Every commercial entertainment applicant whose business may, in the opinion of the Licence Inspector, result in an exposure of the City to financial liability, must: (a) deposit with the City an indemnity bond in the amount of not less than $2,000,000, or a comprehensive liability insurance policy in the same amount, obtained from an insurance company licenced in the Province of British Columbia, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy had been issued to each; and (b) enter into a save harmless agreement to protect the City in the event of injury or damages arising out of or in the course of such commercial entertainment, or any parade or other promotional activity held in connection with such an event. 2.1.8 Delivery Services 2.1.8.1 Every delivery services applicant must provide the Licence Inspector with a copy of the Motor Carrier Licence issued to such applicant by the Motor Carrier Commission. 2.1.9 Electrical Contractor 2.1.9.1 Every electrical contractor applicant must provide the Licence Inspector with a copy of the Certificate of Qualification in the BYLAW NO. 7360 Page 6 8081972 Trade of Electrical Work issued to such applicant by the Province of British Columbia. 2.1.10 Escort Services 2.1.10.1 Every escort service applicant must provide the Licence Inspector with the name, age, birthdate, current address and picture identification of every person proposed to be employed or engaged in such business, together with such additional information which the Licence Inspector may require. 2.1.10.2 Every Escort Service applicant whose business may, in the opinion of the Licence Inspector, result in an exposure of the City to financial liability, must deposit with the City: (a) an indemnity bond in the amount of not less than $2,000,000; or (b) a comprehensive liability insurance policy in the same amount, obtained from an insurance company licenced in the Province of British Columbia, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy has been issued to each. 2.1.11 Locksmith Services 2.1.11.1 Every locksmith service applicant must provide the Licence Inspector with evidence of having complied with the provisions of the Private Investigators and Securities Agencies Act. 2.1.12 Gas Contractor 2.1.12.1 Every gas contractor applicant must provide the Licence Inspector with a copy of: (a) the registration as a Gas Contractor issued to such applicant by the Province of British Columbia Gas Safety Branch; and (b) either: (i) the Gas Safety Branch Licence issued to such applicant by the Province of British Columbia Gas Safety Branch, or BYLAW NO. 7360 Page 7 8081972 (ii) a Certificate of Qualification as a Gas Fitter issued to such applicant by the Province of British Columbia. 2.1.13 Mobile Vendor 2.1.13.1 Every mobile vendor applicant must sign a declaration that he has read, understood and agrees to comply with the regulations for mobile vendors contained in the Business Regulation Bylaw. 2.1.14 Parking Enforcement Business Using Automobile Immobilizing Devices 2.1.14.1 Every parking enforcement business using automobile immobilizing devices applicant must deposit with the City, an indemnity bond in the amount of not less than $2,000,000, or a comprehensive liability insurance policy in the same amount, obtained from an insurance company licenced in the Province of British Columbia, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy had been issued to each. 2.1.15 Pest Control Contractor 2.1.15.1 Every pest control contractor applicant must provide the Licence Inspector with a copy of the Certificate of Qualification in the category of Pesticide Applicator, issued to such applicant by the Province of British Columbia. 2.1.16 Pipe Fitting Contractor 2.1.16.1 Every pipe fitting contractor applicant must provide the Licence Inspector with a copy of the Certificate of Qualification in the trade of Pipe Fitting, issued to such applicant by the Province of British Columbia. 2.1.17 Plumbing Contractor 2.1.17.1 Every plumbing contractor applicant must provide the Licence Inspector with a copy of the Certificate of Qualification in the trade of Plumbing, issued to such applicant by the Province of British Columbia. 2.1.18 Private Investigation Agency 2.1.18.1 Every private investigation agency applicant must provide the Licence Inspector with evidence of having complied with the provisions of the Private Investigators and Security Agencies Act. BYLAW NO. 7360 Page 8 8081972 2.1.19 Refrigeration Contractor 2.1.19.1 Every refrigeration contractor applicant must provide the Licence Inspector with a copy of the Certificate of Qualification in the trade of Refrigeration, issued to such applicant by the Province of British Columbia. 2.1.20 Retail Video Store 2.1.20.1 Every retail video store applicant must provide the Licence Inspector with a copy of the Film Classification Certificate, issued to such applicant by the Province of British Columbia. 2.1.21 Roadside Stands 2.1.21.1 General Provisions (a) Every roadside stand applicant must: (i) satisfy the Licence Inspector that such applicant is operating a farm in the City; (ii) indicate the class of roadside stand for which a licence is being sought; and (iii) satisfy the Licence Inspector that such roadside stand: - will not create a traffic hazard; and - has been granted any required arterial highway access approval, in writing, from the Province of British Columbia. (b) The Licence Inspector must not issue more than one roadside stand licence for any one legal parcel which is a farm. 2.1.21.2 Class A Roadside Stands (a) Every Class A roadside stand applicant must: (i) only display and sell farm produce which is grown or raised in the City; (ii) be farming a minimum of not less than ½ acre of land; and (iii) provide a portable building or structure which is incidental to the use of the land on which it is situated, and which has a maximum interior floor area of 93 square metres (1,001.04 square feet). BYLAW NO. 7360 Page 9 8081972 2.1.21.3 Class B Roadside Stands (a) Every Class B roadside stand applicant must: (i) only display and sell farm produce which is grown or raised in the Province of British Columbia; (ii) be farming a minimum of not less than 2 acres of land; and (iii) provide a permanent building or a portion of a permanent building which is incidental to the use of the land on which it is situated, and which has a maximum interior floor area of 93 square metres (1001.04 square feet), and such building must not be an accessory building as defined in the Zoning Bylaw unless such accessory building has been constructed to permit such roadside stand to meet the provisions of this bylaw as well as all other City bylaws. 2.1.21.4 Class C Roadside Stands (a) Every Class C roadside stand applicant must: (i) only display and sell farm produce which is grown or raised in the Province of British Columbia, and imported farm produce, provided such farm produce is of a general class or kind not grown in British Columbia, or at the time of sale or display, no British Columbia grown farm produce of such general class or kind is available through established commercial farm produce marketing organizations; (ii) be farming a minimum of not less than 20 acres of land; and (iii) provide a permanent building or a portion of a permanent building with a maximum interior floor area of 190 square metres (2045.02 square feet), and such building must not be an accessory building as defined in the Zoning Bylaw unless such accessory building has been constructed to permit such roadside stand to meet the provisions of this bylaw as well as all other City bylaws. 2.1.22 Deleted BYLAW NO. 7360 Page 10 8081972 2.1.23 Security Installation Contractor 2.1.23.1 Every security installation contractor applicant must provide the Licence Inspector with: (a) a copy of the Certificate of Qualification issued to such applicant by the British Columbia Ministry of Labour; and (b) a copy of the Security (Business) Licence issued to such applicant by the British Columbia Ministry of Attorney General under the Private Investigators and Securities Agencies Act. 2.1.24 Sprinkler Contractor 2.1.24.1 Every sprinkler contractor applicant must provide the Licence Inspector with a copy of the Certificate of Qualification in the trade of Sprinkler Installation, issued to such applicant by the Province of British Columbia. 2.1.25 Telephone Sales Office 2.1.25.1 Every telephone sales office applicant must provide the Licence Inspector with the following: (a) the total number of telephones used in the Telephone Sales Office; and (b) the full name and address of each telephone canvasser. 2.1.26 Travel Agency 2.1.26.1 Every travel agency applicant must provide the Licence Inspector with a copy of the Travel Agents/Wholesaler Certificate issued to such applicant by the Province of British Columbia, pursuant to the Travel Agents Act. 2.1.27 Vehicles for Hire 2.1.27.1 Every vehicle for hire applicant must provide evidence to the satisfaction of the Licence Inspector: (a) that the appropriate approvals have been issued by the Motor Carrier Commission; BYLAW NO. 7360 Page 11 8081972 (b) that any required chauffeur's permits, for drivers employed by him, have been issued by the Police Chief; and (c) that a vehicle inspection report and vehicle insurance papers have been issued, for each vehicle proposed to be used in the business. 2.1.27.2 Every vehicle for hire applicant operating from premises in the City must: (a) establish and maintain a vehicle for hire business office in the City, and must pay the fee specified for such office, in the Consolidated Fee Bylaw No. 8636; and (b) notify the Licence Inspector in writing of the address of such office and of any change of location of such office, or the establishment or change of location of any additional offices, except that the office may be that of another licencee in the City, or may be a business office for which such applicant is licenced in another municipality. 2.1.27.3 Every Class A and Class N taxicab licenced by the City under this bylaw, and regulated under the Vehicle for Hire Regulation Bylaw, must be operated by one of the following companies having a vehicle for hire business office in the City: (a) Garden City Cabs of Richmond Ltd.; (a) Kimber Cabs Ltd.; or (b) Richmond Cabs Ltd. 2.1.27.4 Every Class A and Class N taxicab applicant, and every Class M tow-truck applicant must: (a) establish and maintain a vehicle for hire business office in the City, and must pay the fee specified for such office, in the Consolidated Fee Bylaw No. 8636, except that the office may be that of another licencee in the City; (b) notify the Licence Inspector in writing of the address of such office and of any change of location of such office, or BYLAW NO. 7360 Page 12 8081972 the establishment or change of location of any additional offices. 2.1.27.5 Every Class K driver training vehicle applicant must provide the Licence Inspector with: (a) a copy of the Driver Training Instructor's Licence issued to such applicant by the Province of British Columbia; (b) a chauffeur's permit and driver's licence; and (c) a vehicle inspection report, and vehicle insurance papers for each vehicle proposed to be used in the business. 2.1.27.6 Every applicant for a pedicab licence must: (a) establish and maintain a vehicle for hire business office in the City in accordance with Section 1.6 of this bylaw and must pay the fee specified for such office as set out in the Consolidated Fee Bylaw No. 8636; (b) ensure that every pedicab is operated in compliance with the Vehicle For Hire Regulation Bylaw No. 6900, as amended; (c) present every pedicab proposed to be operated to the Licence Inspector, who may inspect the pedicab to determine whether it meets the requirements of the Vehicle For Hire Regulation Bylaw No. 6900, as amended; (d) provide to the City a copy of a current policy for liability insurance, in a form and manner satisfactory to the City, in an amount not less than $5,000,000.00, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy has been issued to each; and (e) obtain and display a vehicle for hire plate, as defined in the Vehicle For Hire Regulation Bylaw No. 6900, as amended, for each pedicab proposed to be used. 2.1.27.6.1 The maximum number of pedicabs licenced by the City under this bylaw, and regulated under the Vehicle For Hire Regulation Bylaw No. 6900 is 15. 2.1.27.7 Every Class Q quadricycle applicant must: (a) establish and maintain a vehicle for hire business office in the City in accordance with Section 1.6 of this bylaw and must pay the fee BYLAW NO. 7360 Page 13 8081972 specified for such office as set out in the Consolidated Fees Bylaw No. 8636; (b) ensure that every quadricycle is operated in compliance with the Vehicle For Hire Regulation Bylaw No. 6900, as amended; (c) present every quadricycle proposed to be operated to the Licence Inspector, who may inspect the quadricycle to determine whether it meets the requirements of the Vehicle For Hire Regulation Bylaw No. 6900, as amended; (d) provide to the City a copy of a current policy for liability insurance, in a form and manner satisfactory to the City, in an amount not less than $10,000,000.00, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy has been issued to each; and (e) obtain and display a vehicle for hire plate, as defined in the Vehicle For Hire Regulation Bylaw No. 6900, as amended, for each quadricycle proposed to be used. 2.1.27.7.1 The maximum number of quadricycles licenced by the City under this bylaw, and regulated under the Vehicle For Hire Regulation Bylaw No. 6900 is 2. 2.1.28 Vending Machine Operators (Group 2 - Newspaper Dispensing) 2.1.28.1 Every vending machine operator (Group 2 - Newspaper Dispensing) must provide the Licence Inspector with a copy of the agreement between the City and the applicant for the installation of such vending machines within the City. 2.1.29 Vending Stands 2.1.29.1 Every vending stand applicant, offering either food or non-food items, must provide the Licence Inspector with a letter from either the property owner or their agent, authorizing the occupation by the applicant, of the property on which the vending stand will be located. 2.1.30 Farmers' Market 2.1.30.1 Every farmers' market applicant must: (a) if the operation is on land other than land owned by the applicant, to provide evidence of permission by the owner to use the land for the purpose of a farmers' market; (b) permit only the display and sale of any of the following: BYLAW NO. 7360 Page 14 8081972 (i) fruit, vegetables, nuts, honey, syrups, dairy products, eggs, poultry, meat, flowers, herbs, and any products derived therefrom, that are produced in the Province of British Columbia and prepared for market in accordance with applicable laws; (ii) artwork or handcrafted items that are designed, created, produced and assembled in the Province of British Columbia; and (iii) baked or handmade foods produced in British Columbia; (c) before allowing the sale of any goods mentioned in paragraph (b), provide evidence that all vendors intending to sell food products have been granted a health permit for that purpose; and (d) satisfy the Licence Inspector that the farmers' market will not create a traffic hazard or result in obstruction or other nuisance on City streets, sidewalks, or access routes. 2.1.30.2 Despite Subsection 4.1.1 of this bylaw, a vendor who is permitted by a person holding a current and valid licence for a farmers' market to display or sell goods at that farmers' market is not required to obtain a separate licence for that purpose. 2.1.30.3 Despite Subsection 4.2.1 of this bylaw, a licence for a farmers' market: (a) permits the sale of goods at the farmers' market to be carried on for only one day per week; (b) may only be issued once during any calendar year; and (c) unless suspended or cancelled, is valid for the months between April 1st and October 31st of that year. 2.1.30.4 A person holding a licence for a farmers' market must: (a) ensure that health permits are displayed at any space where food products are sold; (b) comply, and ensure compliance among vendors, with any conditions, restrictions or requirements of the Medical Health Officer, the City's Director of Fire and Rescue Services or a deputy acting in the place of either; and (c) ensure that the market area is operated and maintained in a safe, orderly, clean and sanitary condition, and that the area is left in such condition after the market closes each day. BYLAW NO. 7360 Page 15 8081972 2.1.31 Metal Dealer or Recycler 2.1.31.1 A metal dealer or recycler must provide, to the Licence Inspector when applying for a licence, a copy of a registration issued pursuant to the Metal Dealers and Recyclers Act, S.B.C. 2012, c. 22, as amended or replaced from time to time. 2.1.31.2 Upon each renewal of the registration referred to in section 2.1.31.1, a metal dealer or recycler must provide a copy of the renewal registration to the Licence Inspector within thirty (30) days of renewal. 2.1.31.3 A metal dealer or recycler must promptly notify the Licence Inspector in writing if its Provincial registration or renewal registration is suspended or cancelled for any reason. 2.2 [DELETED] 2.3 Professional Dog Walkers - Off-Leash Permits 2.3.1 A professional dog walker may have up to six (6) dogs under his or her care or control off-leash in the designated dog off-leash area within McDonald Park, provided the professional dog walker holds a valid off- leash permit and complies with all applicable City bylaws and the terms and conditions of the off-leash permit. 2.3.2 The Licence Inspector may issue an off-leash permit to a professional dog walker if the professional dog walker has met the following requirements, to the satisfaction of the Licence Inspector: (a) has completed an off-leash permit application, in a form and containing such information required by the Licence Inspector, (b) has a valid business licence issued by the City to the professional dog walker or professional dog walker's business; (c) has provided a certificate of insurance, in a form and on terms acceptable to the City's Risk Manager, to provide $5,000,000 general liability insurance and naming the City as an additional insured; (d) has not had a history of non-compliance with this bylaw, other City bylaws or the terms and conditions of previous off-leash permits issued to the professional dog walker; and *In effect as of January 23, 2013 BYLAW NO. 7360 Page 16 8081972 (e) has paid to the City the off-leash permit fee specified in the Consolidated Fee Bylaw No. 8636, which is attached to and forms a part of this bylaw. 2.3.3 The Licence Inspector may suspend or cancel an off-leash permit if the holder of the off-leash permit contravenes any provision of this bylaw or any term or condition of the off-leash permit. 2.3.4 An off-leash permit is valid for one (1) year from the date of issue or for such other period as may be specified in the off-leash permit. No portion of the off-leash permit fee paid pursuant to subsection 2.3.2(e) of this bylaw will be refunded if the off-leash permit is suspended, cancelled or otherwise terminated prior to the expiration date. 2.3.5 Every holder of an off-leash permit must comply with, and every off- leash permit issued under this bylaw is subject to, the following requirements, restrictions and regulations, to the satisfaction of the Licence Inspector: (a) comply with all applicable City bylaws, including in particular Animal Control Regulation Bylaw No. 7932; (b) maintain throughout the term of the off-leash permit, general liability insurance in an amount not less than $5,000,000, with the City named as an additional insured and containing such other terms required by the City's Risk Manager; (c) ensure that all dogs under their care or control are wearing a valid municipal dog licence; (d) wear an identification vest assigned by the City while walking more than three (3) dogs off-leash at the designated dog off-leash area within McDonald Park; (e) immediately present a valid off-leash permit upon request by an Animal Control Officer, Richmond RCMP officer, or License Inspector with proper City staff identification; (f) limit the number of off-leash dogs under his or her care or control: (i) to no more than six (6) dogs while within the designated dog off-leash area at McDonald Beach Park; and (ii) to no more than three (3) dogs while within all other designated dog off-leash areas; BYLAW NO. 7360 Page 17 8081972 (g) not walk with other professional dog walkers while having more than three (3) dogs under their care or control off-leash; (h) keep dogs under their care or control on a leash until and unless they are in a designated dog off-leash area; and (i) comply with any additional terms and conditions set out in the off-leash permit. 2.4 Bed and Breakfast Establishment 2.4.1 Every Bed & Breakfast Establishment applicant must at the time of application: (a) certify that they reside in the premises as their principal residence and provide proof that the premises are the applicant's principal residence. To demonstrate that the premises is their principal residence, an applicant must be able to produce copies of the applicant's government issued picture identification showing the applicant's address as the premises, and copies of either one or both of the following: (i) a tax assessment for the current year for the lot upon which the premises are constructed showing the applicant as payor, or (ii) a utility bill (electricity, district energy, gas, or telephone) issued within the previous 3 months for the premises showing the applicant as payor, or (iii) such other evidence as required by the City from time to time; (b) provide proof that the individual registered owner(s) of the premises has consented to the use of the premises as a bed & breakfast establishment by providing one of the following, as applicable: (i) if the applicant is an individual registered owner of the premises, a copy of legal title to the premises showing the applicant as an individual registered owner, or (ii) if the applicant is a family member of an individual registered owner of the premises, a copy of legal title to the premises identifying the individual registered owner(s) and a declaration from an individual registered owner of the premises BYLAW NO. 7360 Page 18 8081972 certifying that the applicant is the individual registered owner's family member and that use of the premises as a short-term rental is permitted; and (c) provide a copy of the guest register format to be used in the recording of guests stays under the Hotel Guest Registration Act (British Columbia). (d) prepare a notification letter that: (i) describes the operation and the number of bedrooms that will be rented to overnight guests; and (ii) includes information on how to contact the operator by phone; (e) mail or deliver the notification letter to all residents and owners of residential dwellings (i) abutting or across the street from the premises, or (ii) within a 50 metre radius of the premises, whichever is greater; (f) provide a copy of the notification letter and a list with the addresses of all persons that received the notification letter; (g) provide a copy of the fire evacuation plan required by the Business Regulation Bylaw; (h) provide floor plans, drawn to scale, of the entire floor area of each level of the residence, indicating the use of each room of the residence and clearly identifying the guest rooms to be used in the bed & breakfast establishment; and (i) provide a property site plan showing: (i) the location and dimension of the driveway identifying vehicle parking spaces for residences and guests for each guest room; (ii) the location of the residence on the property with setbacks indicated from all property lines; (iii) landscaping and open areas as required by the Zoning Bylaw; (iv) signage size and placement as permitted by the Zoning Bylaw; and (j) pay the required annual bed & breakfast business licence fee specified in the Consolidated Fee Bylaw No. 8636 for the Bed & Breakfast Use category of this bylaw. BYLAW NO. 7360 Page 19 8081972 2.4.2 Every Bed & Breakfast Establishment applicant upon submission of requirements in section 2.4.1 and prior to a business licence being granted, shall arrange with the Licence Inspector for a site inspection which may include inspectors from the Fire Rescue and Building Departments and the Vancouver Coastal Health Authority. 2.4.3 The Licence Inspector may, in relation to any premises for which a licence is issued or renewed under this bylaw, require as a condition of the business licence that the operator provide privacy screening or landscaping in the side or rear yard of the premises, at locations specified in the licence, prior to the accommodation of guests in the premises. 2.4.4 The Licence Inspector shall, when issuing a business licence for any Bed and Breakfast Establishment, provide to the operator a copy of the City's Bed and Breakfast Establishment Code of Conduct. 2.5 Short Term Boarding and Lodging 2.5.1 Every short term boarding and lodging applicant must at the time of application: (a) certify that they reside in the premises as their principal residence and provide proof that the premises are the applicant's principal residence. To demonstrate that the premises is their principal residence, an applicant must be able to produce copies of the applicant's government issued picture identification showing the applicant's address as the premises, and copies of either one or both of the following: (i) a tax assessment for the current year for the lot upon which the premises are constructed showing the applicant as payor, or (ii) a utility bill (electricity, district energy, gas, internet, cable or telephone) issued within the previous 3 months for the premises showing the applicant as payor, or (iii) such other evidence as required by the City from time to time; (b) provide proof that the registered owner(s) of the premises has consented to the use of the premises for short term boarding and lodging by providing one of the following, as applicable: (i) if the applicant is an individual registered owner, a copy of legal title to the premises showing the applicant as an individual registered owner, or (i) if the applicant is a director of the corporate registered owner of the premises, a copy of legal title to the premises BYLAW NO. 7360 Page 20 8081972 showing the corporate registered owner as owner, and a copy of a corporate search showing the applicant as a director of the corporate registered owner, or (ii) if the applicant is not the registered owner of the premises, a copy of legal title to the premises identifying the registered owner and a declaration from the registered owner of the premises certifying that use of the premises as for short term boarding and lodging by the applicant is permitted; (c) if the premises are a strata lot, provide proof that the use of the premises for short term boarding and lodging is permitted by the applicable strata bylaws by providing a letter from the applicable strata council acknowledging that the use of the premises as for short term boarding and lodging by the applicant is permitted; and (d) pay the required annual boarding and lodging licence fee specified in the Consolidated Fee Bylaw No. 8636 for the Short Term Boarding and Lodging Use category of this bylaw. 2.5.2 Notwithstanding the forgoing, the provision of section 2.5.1 above do not apply where the short term boarding and lodging is provided on a not-for profit basis (for example cultural exchanges and sports hosting) by a person where the premises is their primary residence. PART THREE: BUSINESS LICENCE USE CATEGORIES 3.1. ADULT ORIENTATED CATEGORY includes the following sub-categories: Adult Entertainment Establishment which means a business which provides adult entertainment. Body-Painting Studio includes any premises or part of such premises where, directly or indirectly, a fee is paid for any application of paint, powder or similar materials to the body of another person. Body-Rub Studio includes any premises or part of such premises where a body- rub is performed, offered or solicited. Casino Escort Service which includes any person providing escorts for social occasions. 3.2 ASSEMBLY USE CATEGORY (Group 1) means the use of premises or facilities where the primary activity is the sale of food, or the sale of food and beverages for immediate consumption, either on or off the premises, and includes, but is not limited to, the following subcategories: BYLAW NO. 7360 Page 21 8081972 Food Caterer, which means a person engaged in the preparing or serving of food or drink for public functions or gatherings. Food Service Establishment, which means a business which, in return for consideration, serves prepared food to the public for consumption on or off the premises, and includes coffee shop, restaurant or drive-in restaurant, cafeteria, dining lounge, ice cream parlour, and refreshment or food vending stand, but specifically excludes neighbourhood public house. Food Service Establishment, Take-Out, which means a business which in return for consideration, serves food to the public for consumption off the premises. Mobile Vendors (Food), which includes mobile canteens and ice-cream vehicles. 3.3 ASSEMBLY USE CATEGORY (Group 2) means the use of premises or facilities by a gathering of people where alcoholic beverages for consumption on the said premises or facility are sold, and includes, but is not limited to, the following subcategories: Marine Public Houses Neighbourhood Public House, which means premises licenced as "neighbourhood public house" under the Liquor Control & Licencing Act. 3.4 ASSEMBLY USE CATEGORY (Group 3) means the use of premises or facilities by a gathering of people for civic, political, travel, religious, social, educational, recreational or similar purposes, and includes, but is not limited to, the following subcategories: Banquet Room, which includes any room or premises used by the public for meetings or social engagements and for which a fee is paid. Billiard/Pool Hall, which means any premises where more than 2 billiard or pool tables are made available to members of the public for a fee, but does not include City facilities or non-profit service clubs. Commercial Entertainment, which means a use in which, in return for consideration, the public is entertained, amused or otherwise diverted, and includes amusement park, botanical garden, bowling alley, cabaret, carnival, circus, dance academy or hall, discotheque, exhibit, golf course or driving range, menagerie, movie theatre, nightclub, recreation centre, recreation facility, recreation park, and tennis court, but specifically excludes casino. Education Institution, which means a place of learning which offers supplementary courses at the primary, elementary, secondary or post-secondary level, and includes technical institutes, colleges, universities, business schools, BYLAW NO. 7360 Page 22 8081972 special education programs and establishments which offer grade school courses to students on a supplementary basis. Funeral Home, which means premises used or occupied by a professional mortician for burial preparation and funeral services, but such use specifically excludes the cremation or interment of human remains or ashes. Health Studio, includes a gymnasium. 3.5 INDUSTRIAL/MANUFACTURING USE CATEGORY means the use of premises or facilities for assembling, fabricating, manufacturing, processing, altering, finishing any goods, and includes printing and duplicating service. 3.6 MERCANTILE USE CATEGORY means the use of premises or facilities for the sale of goods, excluding food service establishments, where such items are ordinarily on display for sale or are stored on the premises; but excludes outside storage areas forming part of an automobile dealership or wholesale lumber business, and includes, but is not limited to, the following subcategories: Automobile Dealer, which means a dealer in new and used automobiles, motor homes, motorcycles, trailers or trucks. Farmers' Market Nursery Retail Trading, which means the selling of goods to the ultimate consumer for personal consumption or household use, and not for resale purposes. Pawnbroker, means a person who carries on the business of taking property in pawn, or who operates a pawnbroker's premises; Scrap Metal Dealer, means a person who carries on the business of purchasing, selling, procuring, collecting or offering the collection of scrap metal, as defined in section 19.1, in the Business Regulation Bylaw; Second-Hand Dealer, means a person who carries on the business of purchasing, selling, procuring or offering for sale used or second-hand items whether on a wholesale or retail basis, or who operates the premises of a second-hand dealer, and includes, without limitation: a) an auto wrecker who carries on the business of purchasing automobiles and automobile parts and components for the purpose of reselling as parts or components for reuse or as junk; Metal Dealer or Recycler, which means a "metal dealer or recycler" under the Metal Dealers and Recyclers Act, S.B.C. 2012, c. 22, as amended or replaced from time to time. *In effect until January 22, 2013 *In effect as of January 23, 2013 *In effect until January 22, 2013 BYLAW NO. 7360 Page 23 8081972 b) a scrap metal dealer; c) a junk dealer; d) a person who keeps a store, shop, or other place of business for the purpose of carrying on a second-hand dealer; and e) a person who, while licenced or required to be licenced for any business other than the businesses referred to in this Bylaw, purchase or store second- hand items either as a principal or as an agent; f) a person who carries on the business of retailing or wholesaling used property limited to; i) antiques; ii) used books, paper, magazines, vinyl records or long-playing records; iii) used clothing, footware, costume jewellery, knickknacks, used furniture or houseware items such as dishes, pots, pans, cooking utensils and cutlery. but does not include a person g) who deals in recyclable materials for the sole purpose of recycling to avoid waste, such as bottles, cans, plastics, glass, cardboard, paper or other recyclable material; or h) who holds a valid licence issued by the Province of British Columbia to deal in used motor vehicles. BYLAW NO. 7360 Page 24 8081972 Roadside Stand, which means a Class A Roadside Stand, or, a Class B Roadside Stand, or, a Class C Roadside Stand, and/or a farm-based winery. Second-Hand Dealer, which means a person who carries on the business of purchasing, selling, procuring or offering for sale used or second-hand items whether on a wholesale or retail basis, or who operates the premises of a second-hand dealer, and includes, without limitation: a) an auto wrecker who carries on the business of purchasing automobiles and automobile parts and components for the purpose of reselling as parts or components for reuse or as junk; b) a junk dealer; c) a person who keeps a store, shop, or other place of business for the purpose of carrying on a second-hand dealer operation; and d) a person who, while licensed or required to be licensed for any business other than the businesses referred to in this Bylaw, purchase or store second-hand items either as a principal or as an agent; e) a person who carries on the business of retailing or wholesaling used property limited to i) antiques; ii) used books, papers, magazines, vinyl records or long- playing records; iii) used clothing, footware, costume jewellery, knickknacks, used furniture or houseware items such as dishes, pots, pans, cooking utensils and cutlery, but does not include: f) a person who deals in recyclable materials for the sole purpose of recycling to avoid waste, such as bottles, cans, plastics, glass, cardboard, paper or other recyclable materials; g) a person who holds a valid licence issued by the Province of British Columbia to deal in used motor vehicles; or h) a metal dealer or recycler. *In effect as of January 23, 2013 BYLAW NO. 7360 Page 25 8081972 Wholesale Trading, which means the selling of goods not to the ultimate consumer for personal consumption or household use, but for resale purposes. 3.7 RESIDENTIAL USE CATEGORY means the use of premises or facilities as rental units but does not include institutional uses, and includes, but is not limited to, the following: Apartment Building, which means any building or premise which is not a hotel, motel or rooming house and which is divided into three or more dwelling units, occupied or equipped to be occupied as rental units. 3.7A BED & BREAKFAST USE CATEGORY means the use of premises or facilities as Bed & Breakfast Establishments, as permitted by this bylaw, the Business Regulation Bylaw, and the Zoning Bylaw. 3.7B BOARDING AND LODGING USE CATEGORY means the use of premises or facilities for Boarding and Lodging, as permitted by this bylaw, the Business Regulation Bylaw, and the Zoning Bylaw. 3.8 SERVICE USE CATEGORY means the provision of professional, personal or financial services, or the sale of goods, excluding food service establishments, where such items are not ordinarily on display or stored, or any work or service which is provided in the City, and includes: aeronautic services; aesthetics services; agent/broker; auctioneer services; automotive services which includes autobody repair shop, automobile leasing; automobile washing services, scrap vehicle removal, automotive parking lot services, and automobile garage; barber shop; beauty parlour; carpet and upholstery services; cheque cashing centre; chimney sweep; custom workshops/trades and services which produce or service specialized goods or provide specialized services, but does not include businesses which primarily sell mass produced goods at retail; design computer software; design and drafting services; domestic services; dry cleaning service; financial institutions; freight forwarding services; graphic art services; horse stables; horticultural top soil supplier; interior design services; janitorial services; laundry service; locksmith services; manicurist; marina and marine services; mobile services; offices; packaging services; photographer; photographic developing services; pressure washing services; real estate agency; recycling/refuse service; repair service; shoe-shine stands; taxidermy services; vending machine services; veterinarian; warehouse storage services; and includes but is not limited to the following subcategories: Animal Grooming Services which means the washing, grooming, de-fleaing, or ridding an animal of external vermin, or clipping an animal's nails. Animal Hospital which means a building, structure or premises in which animals receive medical or surgical treatment, and are hospitalized or maintained. BYLAW NO. 7360 Page 26 8081972 Christmas Tree Stands which means the selling of trees commonly known as "Christmas trees" from temporary sites within the City. Delivery Services, which means moving freight of any kind, and includes courier services, express company, moving services and trucking services. Driver Training School which means a person, association, partnership, or corporation providing theoretical or practical training, or both, and education in driving or operating a vehicle. Electrical Contractor Gas Contractor Gas Station which means a place of business where flammable automotive fuels, oil and automotive accessories are supplied to the travelling public at retail, but excludes self-service stations. General Contractor which means any person, corporation, company, firm or organization performing, or engaged to perform, either on his or its own behalf or that of another, any work within the City whether such work is undertaken on an hourly, daily, weekly, monthly, annual, labour, contract or cost plus basis or otherwise for any person other than a licenced contractor, and includes any person: (a) who takes out a building permit for the construction of new structures or alterations to existing structures; and (b) who undertakes any of the following categories of business as a contractor: building; cement, custom tractor, demolitions, drilling, drywall, excavating, fence building, first aid service contractor; flooring, glazier, gutter installation, house moving, insulation, irrigation, jobber, land development, landscaping, masonry painter/decorator, paving, pile driving, railroad, renovation, road building, roofing, security devices, sewer, sheet metal, sign erector, steel erector, stucco, swimming pool, telephone installation, tile setting, and waterproofing. Home Occupation, which means a business being carried on within a dwelling or accessory building located in a residential area as defined in the Zoning Bylaw. Kennels, which includes Commercial and Hobby Dog Kennels, Dog Daycare facilities, and Cat Kennels. Mobile Vendors, which means every person who sells, offers or attempts to sell, takes orders for, or solicits orders for goods (including food or beverages), services, BYLAW NO. 7360 Page 27 8081972 or investments, or any other thing, at a place other than his permanent place of business, or from a vehicle, whether personally or by his agent. Parking Enforcement Business Using an Automobile Immobilizing Device, which means a business using one or more wheel lock devices, "Denver Boots", or any other devices designed to be attached to the wheels or axles of motor vehicles to prevent the movement of such vehicles. Pipe Fitter Contractor Plumbing Contractor Private Investigation Agency, which means obtaining or furnishing information regarding the personal character, actions or occupation of any person; or the watching, guarding or patrolling for the protection of persons or property; and the undertaking of such other work, either in whole or in part, which is ordinarily performed by investigators. Refrigeration Contractor Registered Massage Therapy Clinic, which means a building, structure or premises in which clients receive treatments only from persons who are registered by the Association of Physiotherapists and Massage Practitioners of British Columbia. Rental Agency, which means a business for the purpose of renting homes, commercial or industrial or other real estate, but does not include any person who is the holder of a licence as a real estate agency. Sprinkler Contractor Telephone Sales Office, which means any building, room or place from which residents are contacted by telephone for the purpose of soliciting, selling, taking orders for, or attempting to do so, or making appointments for agents or representatives of any person, firm or corporation to call at the home of such resident for the purpose of demonstrating, selling, taking orders for, or attempting to do so, of any goods, services, magazines, books or any other publication or thing. BYLAW NO. 7360 Page 28 8081972 Therapeutic Touch Clinics, which means a building, structure or premises in which clients receive Therapeutic Touch Treatments. Travel Agency, including tour guide and travel agent. Vehicle Inspection Facility 3.9 VEHICLE FOR HIRE USE CATEGORY means any business which operates any of the following classes of vehicle: CLASS A - Taxicab which means a vehicle having not less than 4 doors and a seating capacity of not less than 4 and not more than 6 passengers. CLASS B - Limousine which means a vehicle having not less than 4 doors and a seating capacity for not less than 6 passengers but not more than 10 passengers, and used for the transportation of 1 or more passengers by charter. CLASS C - Sightseeing which means a vehicle used for sightseeing trips, Taxicab and having a total seating capacity of 10 or more passengers. CLASS D - Airport which means a vehicle regulated by another Taxicab municipality whose regulations are equivalent to those for a Class A taxicab, and used solely for transporting passengers from the Vancouver International Airport. CLASS E - Private Bus which means a vehicle having a seating capacity of not less than 12 passengers, used solely for the transportation of passengers and their baggage, and operated over a fixed route, or by charter, and includes a vehicle used for the transportation of children to and from school and operated by or under contract with the owner of such school, but excludes a school bus owned or leased and operated by any School District in the Province of British Columbia. CLASS I - Charter Minibus which means a vehicle having a seating capacity for 8 or more passengers, and operated for the transportation of parties by charter. CLASS J - Rental Vehicle which means a vehicle which may be rented by the hour, day, week or month without driver, but BYLAW NO. 7360 Page 29 8081972 excludes a vehicle leased on a yearly basis or for a longer period, and is classified as follows: Group 1 rental vehicles equipped with less than 4 wheels, including motorcycles and motorscooters; Group 2 all rental vehicles not included in Group 1. CLASS K Driver Training which means a vehicle used for the purpose of Vehicle teaching driving. CLASS M - Tow-Truck which means a vehicle designed or adapted for use as a means of towing other vehicles. CLASS N - Taxicab for which means a taxicab of a type and design Persons with Disabilities which is used primarily for transporting a person with disabilities, and which is equipped with a hydraulic lift or ramp, or other equipment for loading or unloading persons who use wheelchairs for mobility. CLASS P - Pedicab means a 3-wheeled cycle propelled by the foot power of the operator equipped with a carriage capable of carrying no more than 2 passengers plus the operator and without limitation, includes a 3- wheeled cycle that is propelled by the foot power of the operator and has motor assist capability. CLASS Q - Quadricycle means a 4-wheeled cycle equipped with a carriage capable of carrying no more than 15 passengers plus the operator, and is propelled by the foot power of the operator and a minimum of 6 passengers. PEDICAB means a 3-wheeled cycle propelled by the foot power of the operator equipped with a carriage capable of carrying no more than 2 passengers in addition to the operator and without limitation, includes a 3-wheeled cycle that is propelled by the foot power of the operator and has motor assist capability. BYLAW NO. 7360 Page 30 8081972 3.10 VENDING MACHINE USE CATEGORY includes the following subcategories: Bank Machines, which means a device which permits access to certain services normally associated with a financial institution including, and without limiting the generality of the foregoing, the withdrawal of money, but excludes those bank machines on, or connected to, the premises of a financial institution. Vending Machines, which means any machine or device operated by or requiring the insertion of a coin or token, and also means and includes any machine or device operated mechanically or otherwise for the purpose of selling or dispensing of any goods, or for the purpose of providing music, games, amusement or services of any kind, and for the purpose of this subsection, vending machines are classified as follows: Group 1 - all vending machines except those shown below that require $0.25 cents or more to operate. Group 2 - vending machines that dispense newspapers. Group 3 - vending machines as drawers or lockers. Amusement Centre, which includes an amusement arcade, means any premises where 5 or more devices or machines, mechanically, electronically, or otherwise operated, are available for the amusement and enjoyment of the public, but excludes carnival rides. 3.11 In addition to the requirements set out in this Part, the holder of a liquor licence under the Liquor Control and Licensing Act must pay the fees specified in the Consolidated Fee Bylaw No. 8636 as follows: (a) Liquor primary licence - Assembly Use Category (Group 2) (b) Food primary licence - Assembly Use Category (Group 1) liquor licence fee. 3.12 The provisions of subsection 3.11 do not apply to the holders of an Assembly Use Category (Group 2) licence.  PART FOUR: GENERAL PROVISIONS 4.1 Requirement to Hold Business Licence 4.1.1 Subject to the Community Charter, a person must not carry on any business within the City, unless that person is in possession of a licence issued pursuant to this bylaw. BYLAW NO. 7360 Page 31 8081972 4.2 Business Licence Period 4.2.1 Every licence, unless suspended or cancelled, is valid for one year and expires on the first day of the month following the anniversary of the date the licence was issued. 4.3 Business Licence Transfer 4.3.1 Any person wishing to transfer any licence or part interest in any licence held by a licencee, must apply in the same manner as an applicant under Part 1, and under Part 2, if applicable, and a licencee must not transfer, sell, or in any way dispose of a licence without first having notified the Licence Inspector in writing. If a person has been provided with notice of a hearing contemplating the cancellation or suspension of a licence, then until such time as a decision has been rendered with respect to such hearing, such person may not transfer such licence. 4.3.2 Any person who purchases the interest or part of the interest of a licencee, and who operates a business without first having obtained either the transfer of a licence or a new licence for that business, is in violation of this bylaw. 4.3.3 In the event of the sale of the business for which a licence has been issued, the Licence Inspector may permit an assignment of the licence to the purchaser of the business, upon satisfactory completion of an application for a licence transfer. 4.3.4 The non refundable fee payable for: (a) the transfer of a licence from one person to another; or (b) the issuance of a new licence because of a change in the information on the face of such licence, which includes a change of business location, except a change between licence categories or subcategories, is as specified in the Consolidated Fee Bylaw No. 8636, which is attached and forms a part of this bylaw. 4.3.5 A licencee who wishes to change the category, subcategory or business location of a licence must apply in writing to the Licence Inspector, who may either: (a) amend the licence, provided that: (i) such change is consistent with the provisions of this bylaw, and BYLAW NO. 7360 Page 32 8081972 (ii) payment of the non-refundable fee specified in the Consolidated Fee Bylaw No. 8636 is made; or (b) issue a new licence. 4.4 General Provisions - Vending on City Streets 4.4.1 A person must not sell or offer for sale any book, magazine or other periodical, other than a newspaper, on any street in the City. 4.4.2 Subsection 4.4.1 does not apply to the operator of any news stand, the operation of which has been approved in writing by the Licence Inspector on the recommendation of the Police Chief and subject to such conditions as may be contained in such written approval. 4.4.3 Subject to the Community Charter, a person must not canvass or solicit business on any street or from anyone in the City, from cards, samples or in any other manner whatsoever for the sale of goods for future delivery, without having first obtained the appropriate licence. 4.5 Miscellaneous Business Licence Provisions 4.5.1 Every licence is considered to be personally issued to the licencee. 4.5.2 Where a business is carried on by two or more persons in partnership, only one licence, which must be taken out in the name of the partnership, is required. 4.5.3 Subject to the Community Charter, the Licence Inspector has the power to grant, issue, renew, cancel or transfer licences. PART FIVE: BYLAW VIOLATIONS AND PENALTIES 5.1 Any licencee, operator, or any other person who: (a) violates or contravenes any provision of this bylaw or a licence issued hereunder, or who causes or allows any provision of this bylaw or a licence issued hereunder to be violated or contravened; or (b) fails to comply with any of the provisions of this bylaw or a licence issued hereunder; or (c) neglects or refrains from doing anything required under the provisions of this bylaw, or a licence issued hereunder, or the Business Regulation Bylaw; or (d) fails to maintain the standard of qualification required for the issuing of a licence under this bylaw; or BYLAW NO. 7360 Page 33 8081972 (e) makes any false or misleading statement, commits an offence and upon conviction shall be liable to a fine of not more than Fifty Thousand Dollars ($50,000.00), in addition to the costs of the prosecution, and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence, and may result in the suspension, cancellation or revocation of the licence in question. 5.2 Subject to the Community Charter, Council may: (a) revoke or cancel a licence issued under the provisions of this bylaw; and, (b) refuse to grant the request of an applicant under this bylaw. 5.3 Every licencee must comply with: (a) the terms and conditions set out in their licence; (b) the requirements of this, or any other bylaw of the City, which governs or regulates the business for which such licence was granted; (c) any requirements imposed by the Medical Health Officer; and (d) all applicable statutes, regulations, rules, codes and orders of all federal or provincial authorities having jurisdiction of such business. 5.4 A violation of any of the provisions identified in this bylaw shall: (a) result in liability for penalties and late payment amounts established in Schedule A of the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended or replaced from time to time; and (b) be subject to the procedures, restrictions, limits, obligations and rights established in the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60, as they may be amended or replaced from time to time. PART SIX: PREVIOUS BYLAW REPEAL 6.1 Business Licence Bylaw No. 6901 (adopted on November 23rd, 1998), and the following amendment bylaws, are hereby repealed. BYLAW NO. ADOPTED ON Bylaw No. 7011 May 10th, 1999 Bylaw No. 7006 June 14th, 1999 Bylaw No. 7046 October 12th, 1999 BYLAW NO. 7360 Page 34 8081972 Bylaw No. 7049 November 22nd, 1999 Bylaw No. 7186 December 11th, 2000 Bylaw No. 7207 July 23rd, 2001 Bylaw No. 7315 January 1st, 2002 PART SEVEN: INTERPRETATION 7.1 In this bylaw, unless the context requires otherwise: ADULT ENTERTAINMENT means any nude or partially nude exhibition or performance. AFFILIATE has the meaning given to that term in the Business Corporations Act, [SBC 2002] Ch 57. AGENT means every person who sells, solicits, offers for sale, or takes orders for, or attempts to sell, goods, services, investments or any other thing, at a place other than his permanent place of business, whether personally or by his agent. APPLICANT means any person who applies for a business licence under the provisions of this bylaw, who is the owner of such business, or who is an agent acting on behalf of that owner. BED & BREAKFAST means a Bed and Breakfast as defined in the ESTABLISHMENT City's Zoning Bylaw. BLOOD RELATIONSHIP means persons connected by (a) blood relationship if one is a child or other descendant of the other or one is the brother or sister of the other; (b) marriage if one is married to the other or to a person who is so connected by blood relationship to the other; (c) common-law partnership if one is in a common-law partnership with the other or with a person who is connected by blood relationship to the other; and (d) adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is so connected by blood relationship (otherwise than as a brother or sister) to the other. BYLAW NO. 7360 Page 35 8081972 BOARDING AND LODGING means boarding and lodging as defined in the City's zoning bylaw. BODY-RUB includes the manipulating, touching or stimulating by any means, of a person's body or part of that body, 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 other than the Community Charter, or therapeutic touch treatments. BUILDING REGULATION BYLAW means the current Building Regulation Bylaw of the City. BUSINESS means the carrying on of 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, either: (a) in, or from, premises within the City; or (b) within the City from premises located elsewhere. BUSINESS REGULATION means the current Business Regulation Bylaw BYLAW of the City. CANVASSER means every person who canvasses or solicits business within the City from cards or samples, or in any other manner whatsoever, takes orders for works or services or for the sale of any goods or any article or thing for immediate or future delivery or for the purpose of promoting any business. CASINO means premises used for the purpose of playing games of chance or mixed chance and skill, including those played on a slot machine, computer, video terminal or other electronic device, on which money may be wagered and for which authority has been given under the Gaming Control Act, but does not include bingo halls. BYLAW NO. 7360 Page 36 8081972 CHAUFFEUR'S PERMIT means a valid permit required to be held by a chauffeur pursuant to the Motor Vehicle Act of the Province of British Columbia. CITY means the City of Richmond. COMMUNITY CHARTER means the Community Charter, [SBC 2003] Ch. 26, as amended or replaced from time to time. CORPORATE REGISTERED OWNER means with respect to land, any corporation who is the registered owner of an estate in fee simple. CORPORATION means an incorporated association, company, society, municipality or other incorporated body, where and however incorporated. COUNCIL means the Council of the City. DESIGNATED DOG OFF- LEASH AREA means an area posted by sign, which defines the geographic area and/or time period when dogs can be off-leash. DRIVER'S LICENCE means a valid driver's licence issued pursuant to, or an equivalent licence recognized under the Motor Vehicle Act of the Province of British Columbia. EMPLOYEE means any person regularly engaged in carrying on the business to be licenced, and includes any individual licencee, member of his family or relative, members of a firm, partnership or association, managers, office staff, sales staff, accountants, assistants, drivers, servants, or agents. FAMILY MEMBER means a family member as defined in the City's zoning bylaw. FARM means land within the City, whether consisting of one or more separate parcels, classified as farm land by the British Columbia Assessment Authority, and operated as one farming operation principally for the growing or raising of farm produce. BYLAW NO. 7360 Page 37 8081972 FARM-BASED WINERY means a wine-making establishment within the Agricultural Land Reserve that operates under the conditions specified in the Agricultural Land Commission Act and which is licensed under the Liquor Control and Licensing Act, including cideries, cider-making and ancillary uses as outlined in the Agricultural Land Commission Act. FARMERS' MARKET means the carrying on of a business that organizes a group of vendors to gather in a temporary, open-air market located outdoors for the purpose of selling to the public only the goods described in Section 2.1.30.1 (b) of this bylaw. FARM PRODUCE means berries, fruit, vegetables, honey, eggs, fresh cut flowers, live fowl, live poultry, bedding plants, seeds, and trees commonly known as Christmas trees sold only during the Christmas season, bulbs and similar products, live shrubs and trees grown or produced from seeds, seedlings or cuttings on the individual farm on which the sale is taking place; but excluding dressed fowl or poultry, butchered meat and preserved foods. FLOOR AREA means the floor area in square metres of any building or land used by any business for which a licence is sought. FOOD PRIMARY LICENCE means a food primary licence issued pursuant to the Liquor Control and Licensing Act. GOODS means goods, materials, wares, merchandise, or any other item or thing. INDIVIDUAL REGISTERED OWNER means an individual registered owner as defined in the City's zoning bylaw. INSTITUTIONAL USE means the use of premises or facilities by persons who are involuntarily detained for penal or correctional purposes, or whose liberty is restricted, or who require special care or treatment because of age, or mental or physical limitations. BYLAW NO. 7360 Page 38 8081972 KEY INDIVIDUAL means a person who is or was: (a) a director, officer or significant individual of a corporation; or (b) a partner of a partnership. LICENCE means a business licence issued for the current year, by the Licence Inspector, under this bylaw. LICENCEE means a person to whom a Business Licence has been issued under this bylaw. LICENCE INSPECTOR means an employee of the City, appointed to the job position or title of inspector or officer, and includes Bylaw Enforcement Officers, Licence Inspectors and the Chief Licence Inspector. LIQUOR PRIMARY LICENCE means a liquor primary licence or liquor primary club licence issued pursuant to the Liquor Control and Licensing Act. MEDICAL HEALTH OFFICER means the medical health officer appointed under the Health Act to act within the limits of the jurisdiction of any local board, or within any health district. OFF-LEASH PERMIT means a permit issued to a professional dog walker pursuant to subsection 2.3.2 of this bylaw PARTNERSHIP has the meaning given to that term in section 2 of the Partnership Act, [RSBC 1996] Ch. 348, and includes, without limitation, a limited partnership, a limited liability partnership and a general partnership. PERSON means, in addition to the ordinary meaning, any firm or partnership, association, company or corporation, and the singular shall be held to mean and include the plural, masculine, and includes any person within the City connected with the business in any manner whatsoever. PERSON WITH DISABILITIES means a person whose mobility is limited as the result of a permanent or temporary BYLAW NO. 7360 Page 39 8081972 disability, which makes it difficult or impossible to use a conventional taxicab. POLICE CHIEF means the Officer in Charge of the Richmond Detachment of the Royal Canadian Mounted Police, or an alternate. PRINCIPAL RESIDENCE means a principal residence as defined in the City's zoning bylaw. PROFESSIONAL DOG WALKER means an individual whose business or WALKER employment is walking dogs owned by other persons REGISTERED OWNER means an individual registered owner or a corporate registered owner. RELATED GROUP means a group of persons each member of which is related to every other member of the group. RELATED PERSON means: (a) individuals connected by blood relationship, marriage or common-law partnership or adoption; (b) a corporation and (i) a person who controls the corporation, if it is controlled by one person, (ii) a person who is a member of a related group that controls the corporation, or (iii) any person related to a person described in (i) or (ii) above; and (c) any two corporations that are affiliates. RENTAL UNIT means a self-contained sleeping or house-keeping unit, or a combination of both, and includes hotel or motel rooms and apartment suites. SHORT TERM BOARDING AND LODGING means boarding and lodging, where the rental period is less than 90 days. BYLAW NO. 7360 Page 40 8081972 SIGNIFICANT INDIVIDUAL has the meaning given to that term in section 119.11(2) of the Business Corporations Act, [SBC 2002] Ch. 57." THERAPEUTIC TOUCH includes but is not limited to shiatsu, reflexology, TREATMENTS biokineisiology, hellework, polarity, reiki, rolfing and trager approach. VEHICLE FOR HIRE means any building or premises, other than BUSINESS OFFICE a public stand, from which vehicles for hire may be obtained or dispatched, and in which the licencee's records are kept. VEHICLE FOR HIRE means the current Vehicle or Hire Regulation REGULATION BYLAW Bylaw of the City. ZONING BYLAW means Richmond Zoning Bylaw 8500, as it may be amended or replaced from time to time. PART EIGHT: SEVERABILITY AND BYLAW CITATION 8.1 If any part, section, sub-section, clause, or sub-clause of this bylaw is, for any reason, held to be invalid by the decision of a Court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. 8.2. This bylaw is cited for all purposes as "Business Licence Bylaw No. 7360".