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BUSINESS LICENCE BYLAW, 2002, No. 8213
*CONSOLIDATED FOR CONVENIENCE AND REFERENCE PURPOSES ONLY*
This consolidated version is not a legal document. For official purposes please refer to
the original bylaw and amending bylaw documents.
Includes Bylaw Amendment No. 8856, 9032, 9197 and 10036
Page 1 of 5
THE CORPORATION OF THE DISTRICT OF SAANICH
BYLAW NO. 8213
A BYLAW RESPECTING LICENCES FOR CARRYING ON BUSINESS WITHIN SAANICH
AND FOR FIXING THE FEES FOR SUCH LICENCES
The Municipal Council of the Corporation of the District of Saanich in open meeting, hereby enacts
as follows:
1.
This Bylaw may be cited for all purposes as the "BUSINESS LICENCE BYLAW, 2002, No.
8213".
2.
For the purpose of this bylaw, unless the context otherwise requires:
"Act" means the Community Charter, 2003 SBC C26.
"Business" means the carrying on of a commercial or industrial undertaking of any kind or
nature or the providing of professional, personal, or other service for the purpose of gain or
profit, but does not include any activity carried on by the government, its agencies or
government owned corporations, or by a charitable, philanthropic or religious organization
where the whole of the proceeds of the activity are used solely for charitable, philanthropic or
religious purposes;
"Commercial" means any business other than a home craft, intermunicipal, daily or non-
resident business;
"Contractor" includes any person who undertakes to do or perform any work or service at a
certain price or rate or for a fixed sum, except where such work or service is specifically
defined in this bylaw and any person who takes out more than one building permit in any one
calendar year for the construction of new residences and/or alterations to existing buildings;
"Council" means the Council of the Corporation of the District of Saanich;
"Daily Licence" includes craft fairs, exhibitions or other itinerant shows or entertainment;
"Home Crafts" means a business carried on as a home occupation use within a residence in
which articles are made by hand, including jewellery, dolls, wood crafts, stuffed animals,
holiday art, toys, greeting cards, candles, soap, flower arranging, and clothing;
"Intermunicipal Business Licence Agreement" means the agreement attached to and
forming part of the "Intermunicipal Business Licence Agreement Authorization Bylaw, 1999,
No. 8001";
"Intermunicipal Licence" means a business licence issued by the Licence Inspector of the
District of Saanich or another participating Municipality, to carry on business within the
boundaries of any participating municipality, and issued pursuant to the Greater Victoria
Intermunicipal Business Licence Agreement;
Business Licence Bylaw, 2002, No. 8213
Page 2 of 5
"Licence Inspector" means the person appointed by Council to serve as the Licence
Inspector for Saanich and also any duly authorized representative lawfully acting in that
capacity;
"Municipality" means the Corporation of the District of Saanich;
"Participating Municipality" means a Municipality which is a party to the Intermunicipal
Business Licence Agreement;
"Person" shall include a corporation, partnership, proprietorship, firm, and the personal or
other legal representative of a person to whom the context may apply under this bylaw;
"Resident Business" means a business carried on, in or from premises within Saanich;
"Non-Resident Business" means a business, other than a resident business, carried on
within Saanich or with respect to which any work or service is performed within Saanich.
3. No person shall carry on within Saanich, any business unless he or she is the holder of a valid
and subsisting Licence issued to him or her under this bylaw by the Licence Inspector, or a valid
and subsisting Intermunicipal Licence, and shall pay in advance therefore, to the Licence
Inspector, the Licence fee specified in Schedule "A" attached hereto and made part of this
bylaw and it shall be incumbent upon each person to renew such licence prior to the beginning
of each licencing period as long as such business is being carried on.
4. The Licence Inspector shall have the power to grant, issue or transfer licences as hereinafter
provided.
4.1 Before issuing a Business Licence, the Licence Inspector shall satisfy himself that:
(i)
the proposed business would comply with the Saanich Zoning Bylaw and all other
applicable Saanich Bylaws;
(ii)
all public authorities having jurisdiction over the carrying on of a particular class of
business, or the carrying on of a business from a particular premises, have approved
all aspects of the application. Where requested by the Licence Inspector, the
applicant shall submit letters or certificates of approval from the appropriate
authorities;
(iii)
the premises from which the proposed business will operate from are in compliance
with all applicable Saanich Bylaws and any outstanding orders issued pursuant to the
Fire Services Act.
4.2 The Licence Inspector shall refuse to issue a renewal of a Business Licence if the Licence
Inspector determines that the business or the business premises are not in compliance with
requirements set out under subsection (1), (2) and (3) in Section 4.1.
5. The application for a licence for the first time shall be in the form or forms prescribed from time
to time by the Licence Inspector. The application shall be completed by the owner of the
business or his duly authorized agent, provided that in the case of partnerships or multiple
owners, any one of such owners or partners may apply and such owner or partner applying
Business Licence Bylaw, 2002, No. 8213
Page 3 of 5
shall be deemed to be the only authorized agent of all the owners or partners.
6. (a)
The application form shall be delivered to the Licence Inspector and shall be
accompanied by the fee specified in Schedule "A".
(b)
Notwithstanding subsections (a) and (b) but not inconsistent with the Act or this bylaw,
the Licence Inspector is hereby authorized to modify the forms prescribed, or any of
the administrative procedures prescribed as deemed necessary by him when dealing
with any owner applying for licences for more than one business.
(c)
All fees collected by the Licence Inspector under this bylaw shall be paid forthwith to
the Director of Finance who shall deal with the said fees in the manner provided by the
Act.
7.
An application for a licence to carry on a type of business listed in Schedule "B" shall be
treated as an application for an Intermunicipal Business Licence and the Licence Inspector
may issue an Intermunicipal Business Licence in respect of such business.
8.
(a)
Except as hereinafter provided, licences issued hereunder shall be annual licences for
the period January 1st to December 31st in each and every year, and no proportionate
reduction shall be made on account of any person commencing or ceasing to do
business at any particular time, PROVIDED HOWEVER that the Licence fee
prescribed shall be reduced by one-half in respect of a person who becomes liable to
be licenced after the thirty-first day of July in the year of application.
(b)
The period for a licence with respect to a craft fair, exhibition or other itinerant show
orentertainment, when held elsewhere than in a licenced theatre or other licenced
place, shall be one day.
9.
(a)
No person shall carry on a resident business in or from any premises in Saanich other
than those specified on a valid and subsisting Business Licence.
(b)
A separate business licence shall be obtained in respect of each premises used for
business purposes.
(c)
No person shall change his place of business without first obtaining a transfer of his
licence in respect thereto and the particulars of such transfer shall be endorsed on the
licence by the Licence Inspector.
(d)
No person, being the holder of a non-resident Business Licence, shall carry on such
business in or from premises located within Saanich.
(e)
No person shall carry on a type of business listed in Schedule "B" from any premises
in Saanich without holding both a business licence issued in respect to such premises
and an intermunicipal business licence.
10. The Council hereby delegates to the Licence Inspector the authority to suspend or cancel a
business licence for reasonable cause.
Business Licence Bylaw, 2002, No. 8213
Page 4 of 5
11. The Licence Inspector and any of his inspectors are hereby authorized to enter at all
reasonable time upon any property for the purpose of administering and enforcing this bylaw.
12. Every licence shall be considered as a personal licence to the licencee and shall not be
transferable to any other person.
13. Except where the penalty is otherwise provided for in the Act, every person who offends
against any of the provisions of this bylaw, or who suffers or permits any act or thing to be
done in contravention or violation of any of the provisions of this bylaw, or who does so or
refrains from doing anything to be done by this bylaw, or who does any act or thing which
violates any of the provisions of this bylaw shall be deemed to have committed an offence
under this bylaw and shall be liable on conviction, to a fine or penalty of not less than $150.00.
14. This Bylaw will come into effect on January 1, 2002.
15. Bylaw No. 8031, being the "Business Licence Bylaw, 1999" is hereby repealed on January 1,
2002 except insofar as it repeals any other bylaw.
Includes Bylaw Amendments No. 8856, 9032, 9197 and 10036
Business Licence Bylaw, 2002, No. 8213
Page 5 of 5
Schedule "A"
Business Categories and Fees
Category
Licence Fee
1.
Home Crafts
$50.00
2. Temporary Farm Market/Pocket Farm Market
$50.00
3.
Accessory Produce Sales
$0.00
4. Mobile Food Vendors/Concession Stands
$100.00
5.
Concession Stands
$0.00
6.
Intermunicipal
$100.00
7. Commercial - Small (464.5 sq.m./5,000 sq.ft.) or less
of gross floor area of buildings used for business
$100.00
8. Commercial - Large (more than 464.5 sq.m./5,000 sq.ft.)
of gross floor area of buildings used for business
$200.00
9.
Non-Resident
$100.00
10. Daily - per day (to a maximum of $100 per event)
$25.00"
Schedule "B"
Intermunicipal Business Categories
Catering
Cleaning Service
Contractor -All Types
Courier Service
Development Company
Diver
Entertainment Company
Fuel Dealer
Guide Service
Hairdresser/Barber - Mobile
Handyman Service
Hauling Service
Inspection Service
Janitorial Service
Limousine Service
Locksmith
Manufacturers Agent
Mechanic - Mobile
Personal Service
Pest Control
Pet Sitter
Pet Grooming - Mobile
Photographer
Pickup/Delivery Service
Repair Service
Restoration Service
Security Service
Towing Service
Trucking Service