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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
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(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
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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
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(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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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(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
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(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
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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.
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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.
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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.
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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.
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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
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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.
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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".