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Business Licence Bylaw No. 3102
Consolidated Version
Page 1 of 8
October 12, 2005
DISTRICT OF SALMON ARM
BYLAW NO. 3102
A bylaw governing licences and regulations for carrying on business
WHEREAS pursuant to Part 20 of the Local Government Act, Council may, by bylaw,
regulate businesses, business activities and persons engaged in business;
AND WHEREAS it is deemed expedient to enact a bylaw to regulate businesses,
business activities and persons engaged in business;
NOW THEREFORE the Council of the District of Salmon Arm, in open meeting
assembled, enacts as follows:
DIVISION 1 - DEFINITIONS
In this bylaw all words and terms shall have their normal or usual meaning unless the context,
the District of Salmon Arm Zoning Bylaw and the Sidewalk Vendors Bylaw, as amended from
time to time, or the Local Government Act otherwise requires.
All definitions contained in the following bylaws shall apply to this bylaw in the same manner
as if they were listed herein:
"District of Salmon Arm Zoning Bylaw No. 2303" and amendments thereto
"District of Salmon Arm Sidewalk Vendors Bylaw No. 2928" and amendments thereto
"BUSINESS" means the carrying on of a commercial or industrial undertaking of any kind or the
providing of professional, personal, or other services for the purpose of receiving income or
revenue, but does not include an activity carried on by a Municipal, Provincial or Federal
Government, Crown Corporation, or a non-profit society.
"BUSINESS LICENCE INSPECTOR" means the official appointed for the purpose of enforcing
and carrying out the provisions of this bylaw.
"CHIEF ADMINISTRATIVE OFFICER" means the person appointed by Council pursuant to
Sections 197 and 198 of the Local Government Act.
"COUNCIL" means the Municipal Council of the District of Salmon Arm.
"DISTRICT" means the District of Salmon Arm or the area within the boundaries thereof as the
context requires.
Business Licence Bylaw No. 3102
Consolidated Version
Page 2 of 8
October 12, 2005
"EMPLOYEE" means a person in the service of another under any contract of hire, express or
implied, oral or written, where the employer has the power or right to control and direct the
employee in the material details of how the work is to be performed and shall include the
principal owner/operator. For the purposes of calculation of business licence fees, at the time
of application for a business licence, three part-time employees equate to one full-time
employee.
DIVISION 2 - GENERAL REGULATIONS
1.
Appointment of Business Licence Inspector
Pursuant to Section 154 of the Community Charter, Council shall appoint a
Business Licence Inspector for the purpose of enforcing and carrying out the
provisions of this bylaw.
2.
Authority of Business Licence Inspector
a)
The Business Licence Inspector shall classify and interpret each
application for a business licence in accordance with the categories listed
in the Business Licence Bylaw and the Fee for Service Bylaw.
b)
The Business Licence Inspector may grant a business licence if he or she is
satisfied that the applicant has complied with the bylaws of the District of
Salmon Arm regarding building, zoning, health, sanitation and business
insofar as those bylaws impose requirements in respect of the business
for which the licence application is made.
c)
An application for a business licence may be refused in any specific case,
but
1.
The application must not be unreasonably refused, and
2.
The Council or designated officer must give reasons for the
refusal.
d)
In the case of a refusal by a designate officer, the officer must notify the
applicant of the right to a reconsideration by Council.
e)
The Council shall have the authority to suspend or cancel a licence
pursuant to Section 660 of the Local Government Act for such period as
he or she may determine appropriate and shall give notice of such
suspension pursuant to Section 3.13. A person whose licence has been
suspended may appeal the decision to Council pursuant to Section 3.14.
Business Licence Bylaw No. 3102
Consolidated Version
Page 3 of 8
October 12, 2005
f)
The Business Licence Inspector shall have the authority to enter, at all
reasonable times, upon any property subject to the regulations of this
bylaw in order to ascertain whether such regulations are being observed.
g)
Before suspending or cancelling a business licence, Council must give the
holder notice of the proposed action and an opportunity to be heard.
DIVISION 3 - REGULATIONS FOR ISSUING LICENCES
1.
Licence Required
No person shall carry on a business within the District without having obtained a
valid business licence.
The soliciting of sales of any article, commodity or thing, or any agreement for
the provision of any service shall require a business licence issued under the
provisions of this bylaw.
2.
Licensing Period
Except as otherwise provided, licences shall be granted for a one-year period, to
commence on the first day of January and terminate on the 31st day of December
in each and every year.
Where a new business commences operation after July 31st of any year, the
annual rate will be reduced by fifty percent (50%).
3.
Licence Renewal
Licence holders must renew their business licence by submitting the required
business licence fee prior to the beginning of each licence period.
4.
Application Forms
Every person applying for a licence or a transfer of licence shall complete the
application form provided by the Development Services Department.
Applications must be signed by the business owner or his duly authorized
representative.
Information provided by this form may be subject to Freedom of Information
and Protection of Privacy Act inquiries.
Business Licence Bylaw No. 3102
Consolidated Version
Page 4 of 8
October 12, 2005
5.
False Declarations
Any person making an application for a licence shall give true and correct details
for the business that the licence is being applied for, on the application form
supplied by the Business Licence Inspector. Any false declaration or
concealment of material facts shall be deemed an infraction of this bylaw and
shall be liable to the penalties set forth in Section 4.4.
6.
Licence Fee
The business licence fees are those set forth in the Fee for Service Bylaw and
amendments thereto. Paid licence fees are non-refundable. The applicant may,
at his or her discretion, pay 50% of the annual fee on January 1 of each year and
the remaining 50% on July 1 of each year.
7.
Form of Licence
Every licence granted pursuant to this bylaw shall state that the holder is
licensed to carry on the business stipulated in such licence in a lawful manner for
the period specified in the licence at the place stated in the licence.
8.
Display of Licence
Licences shall be permanently displayed at all times in the business area of the
premise(s) for businesses which have public access. All other businesses shall
produce the business licence certificate for public inspection when requested.
Businesses who have commercial vehicles shall have their name, address or
telephone number affixed to a conspicuous place on both sides of the vehicle and
shall be subject to the District of Salmon Arm Licensing of Commercial Vehicles
Bylaw, as amended from time to time.
9.
Separate Licence
a)
Where a business is carried on in or from more than one premise(s) in the
District, the business carried on in or from each premise(s) shall be
deemed to be a separate business and shall require a separate licence;
notwithstanding if a premise is separated by a roadway, the premise shall
be considered one premise and one business licence only shall be
required.
b)
Where there is more than one separate and distinct business category
located within the same premise(s), each separate and distinct business
category shall have a separate licence, unless the ownership for the
separate and distinct business are exactly the same.
Business Licence Bylaw No. 3102
Consolidated Version
Page 5 of 8
October 12, 2005
c)
Where there is more than one distinct trade name operating within the
same premise, each trade name shall have a separate licence.
10.
Change of Location, Name or Ownership
Business licences are not transferable and no change of location, name or
ownership shall be allowed without the licensee completing a new application
for a business licence, submitting a fee in the amount specified in the Fee for
Service Bylaw and being issued a new business licence.
11.
Notification of Suspension
Where a licence has been suspended, pursuant to the Local Government Act, a
"Notice of Suspension" shall be issued, in writing, to the licensee by the Business
Licence Inspector, outlining the reasons for the suspension and shall be served
on the licensee or delivered to the licensee by registered mail to the address of
the business shown on the business licence application.
A "Notice of Suspension" of a licence may be posted by the Business Licence
Inspector upon the premise(s) for which the licence was issued and such notice
shall not be removed until the licence is reinstated, the former licensee ceases to
occupy the premise(s), or a new business other than the one carried on by the
licensee is started in the premise(s).
12.
Appeal Procedures
Any person whose licence has been suspended or cancelled, or who has been
refused a licence or who wishes to appeal the classification as given by the
Business Licence Inspector, may appeal to Council by giving written notice to the
Chief Administrative Officer of his or her intention to appeal. Such appeal shall
state the grounds upon which the appeal is made. Council shall appoint a time
and a place for the hearing of the appeal and may confirm or set aside such
decisions made by the Business Licence Inspector, as it may deem appropriate.
13.
Revoking Licence
a)
Council may revoke a licence, pursuant to the Local Government Act, for
"reasonable cause" after giving notice to the licensee and after giving the
licensee an opportunity to be heard.
b)
The notice and opportunity to be heard referred to in sub-section a) of
this section is not required in respect to the licensee who by reasonable
efforts cannot be found.
Business Licence Bylaw No. 3102
Consolidated Version
Page 6 of 8
October 12, 2005
c)
A "Notice of Revocation" may be posted by the Business Licence
Inspector upon the premise(s) for which the licence was issued and such
notice shall not be removed until the licence is reinstated, the former
licensee ceases to occupy the premises, or a new business other than the
one carried on by the licensee is started in the premise(s).
14.
Notice of Hearing
A notice of hearing to revoke a licence under Section 3.13 or after a refusal to
issue a licence under Section 2.2 (b) or to consider the granting of a licence under
Section 2.2 (c), shall be made in writing, outlining the time, date, and place of the
hearing and the reasons for Council's consideration of a request to revoke or
refuse the licence served on the licensees or delivered to the licensees by
registered mail to the address shown on the application for the licence.
15.
Notification of Business Changes
a)
Every holder of a licence shall notify the Business Licence Inspector of
any change in the mailing, the business address and/or change in
number of employees.
b)
Upon the termination of the business by the licence holder, the licensees
shall notify the Business Licence Inspector that the licence is no longer
required and shall surrender the licence to the Business Licence Inspector.
c)
Businesses that do not renew their business licence may be removed from
the business licence file and be considered no longer in business where it
has been determined by reasonable effort that the business is no longer
active.
16.
Compliance with Other Enactments
a)
Where any Federal/Provincial Act or Regulation or any other District
Bylaw applies to any matter covered by this bylaw, the issuance of a
business licence under the provisions of this bylaw shall not relieve the
licensee from complying with the provisions of such other enactments.
b)
The issuance of a licence shall not be deemed to be a representation by
the municipality to the licensee that the business or proposed business
complies with any or all applicable bylaws or enactments. The business
owner remains responsible to ensure compliance with all bylaws and
enactments.
Business Licence Bylaw No. 3102
Consolidated Version
Page 7 of 8
October 12, 2005
DIVISION 4 - REGULATIONS OF BUSINESS
1.
Street Vendors
Sidewalk vendors shall comply with requirements of "District of Salmon Arm
Sidewalk Vendors Bylaw No. 2928" as amended from time to time.
2.
Arcades
Arcades shall not be permitted to operate between the hours of 12:00 midnight
and 9:00 a.m.
3.
Carnival/Circus - Insurance
A person applying for a licence to hold a carnival or circus on public property
may be required by the Business Licence Inspector to obtain and maintain
comprehensive general liability insurance in the amount of Two Million Dollars
($2,000,000.00). The District shall be named as an additional insured.
4.
Escort Service
1.
Every person carrying on the business of operating a social escort service
must:
a)
supply the Licence Inspector with the name, age, address and
general description of every person proposed to be employed or
engaged in the said business, together with such additional
information as the Licence Inspector may require;
b)
notify the Licence Inspector within twenty-four [24] hours of any
change in the personnel employed in the business;
c)
maintain, to the satisfaction of the Licence Inspector, a written
record of every request to provide or furnish an escort or partner,
giving the name and address of the person requesting the service,
together with the name of the escort or partner recommended and
the function to be attended.
2.
A person carrying on the business of operating an escort service must not:
a)
employ any persons under the age of nineteen [19] years of
age;
b)
make any references to specific sexual activity in any
advertisement.
Business Licence Bylaw No. 3102
Consolidated Version
Page 8 of 8
October 12, 2005
5.
Penalties
a)
Any person, firm or corporation who violates any provision of this bylaw
shall, upon summary conviction, be liable to a penalty not exceeding Two
Thousand Dollars ($2,000.00) plus the costs of prosecution and the
offence may be ticketable under "District of Salmon Arm Ticket
Information Utilization Bylaw No. 2760" as amended from time to time.
b)
Each day that any violation is allowed to continue will be deemed to be a
separate offence.
6.
Severability
If any provision of this bylaw is found invalid, such provision is severable and
shall not affect the validity of the bylaw as a whole.
7.
Repeals Bylaws
Upon adoption of this bylaw, "District of Salmon Arm Business Licence and
Regulation Bylaw, 1983" [Bylaw No. 1457] and amendments thereto are hereby
repealed.
8.
Citation
This bylaw may be cited for all purposes as "District of Salmon Arm Business
Licence Regulation Bylaw No. 3102".
READ A FIRST TIME THIS
14th
DAY OF
May
2001.
READ A SECOND TIME THIS
14th
DAY OF
May
2001.
READ A THIRD TIME THIS
14th
DAY OF
May
2001.
ADOPTED BY COUNCIL THIS
9th
DAY OF
July
2001.
"C.N. MAYES"
MAYOR
"D.B. LAGORE"
CLERK