Inter-Community Business Licence Bylaw No 3750

Salmon Arm, British Columbia

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CITY OF SALMON ARM BYLAW NO. 3750 A bylaw to enter into a Mobile Business Licence Scheme WHEREAS the City of Salmon Arm and other municipalities wish to enter into an agreement with one another to permit certain kinds of Businesses to operate across municipal jurisdictions within the province while minimizing the need to obtain a separate Municipal Business Licence in each jurisdiction; AND WHEREAS each of the undersigned local governments (herein called singularly the Participating Municipality or as a group the "Participating Municipalities") has adopted this Bylaw; NOW THEREFORE the Municipal Council of the City of Salmon Arm, in open meeting assembled, enacts as follows: 1. There is hereby established an intermunicipal business licence scheme, pursuant to Section 14 of the Community Charter, SBC, 2003, Chapter 26 and amendments thereto, and according to the terms and conditions of this Bylaw. DEFINITIONS 2. In this bylaw, unless the context otherwise requires: "Business" means the carrying on of a commercial or industrial activity or undertaking of any kind, and providing professional, personal or other services for the purpose of gain or profit; "Excluded Businesses" means Business types which are excluded from application for an Inter-Community Business Licence and includes those Businesses referred to in Schedule A, attached hereto and forming part of this Bylaw; "Inter-Community Business" means a Business that performs a service or activity within more than one Participating Municipality but not from or in Premises in one or more participating municipalities, and who provides the service or activity by moving from client to client; "Inter-Community Business Licence" means a business licence, which authorizes an Inter-Community Business to be carried on within the boundaries of any or all of the Participating Municipalities in accordance with this Bylaw; Inter-Community Business Licence Bylaw No. 3750 Page 2 January 14, 2025 Consolidated to include Bylaw 4687 "Municipal Business Licence" means a licence or permit, other than an Inter-Community Business Licence, issued by a Participating Municipality that authorizes a Business to be carried on within the jurisdictional boundaries of that Participating Municipality; "Participating Municipality" means those of the following municipalities that have adopted this Inter-Community Business Licence Bylaw and any other municipalities that adopt this bylaw at a later date: City of Armstrong Westside District Municipality District of Coldstream City of Enderby City of Kelowna Village of Keremeos District of Lake Country Village of Lumby Town of Oliver Town of Osoyoos District of Peachland City of Penticton Town of Princeton City of Salmon Arm Township of Spallumcheen District of Summerland City of Vernon "Person" includes an individual, corporation, organization, partnership, proprietorship, firm and the personal or other legal representative of a person to whom the context may apply under this Bylaw; "Premises" means a fixed or permanent location where the applicant ordinarily carries on Business; "Principal Municipality" means the Participating Municipality where a Business is located or has a Premises, or where the licensee does not maintain a Premises in any of the Participating Municipalities the jurisdiction that issues the Inter-Community Business Licence. 3. Subject to Sections 5 and 7 of this Bylaw, a person who has obtained an Inter- Community Business Licence may carry on Business within a Participating Municipality for the term authorized by the Inter-Community Business Licence without obtaining a Municipal Business Licence in the other Participating Municipalities. 4. A Participating Municipality may issue an Inter-Community Business Licence to an applicant for an Inter-Community Business Licence provided the Business type is not an Excluded Business, and the applicant meets the requirements of this Bylaw in addition to the requirements of the Municipal Business Licence of that Participating Municipality. Inter-Community Business Licence Bylaw No. 3750 Page 3 January 14, 2025 Consolidated to include Bylaw 4687 5. Notwithstanding that a Person may hold an Inter-Community Business Licence that would make it unnecessary to obtain a Municipal Business Licence in other Participating Municipalities, the Person must still comply with all other regulations of any Municipal Business Licence bylaw or regulation in addition to any other bylaws that may apply within any jurisdiction in which the Person carries on Business. 6. A Business that operates an Inter-Community Business may only apply for an Inter- Community Business Licence from the Participating Municipality in which they maintain a Premises. 7. Neither this Bylaw nor the issuance of an Inter-Community Business Licence eliminates a requirement of a holder of an Inter-Community Business Licence to obtain a Municipal Business Licence for each Premises that is maintained within the jurisdiction of the Participating Municipality. 8. Notwithstanding Sections 4, 5 and 6 of this Bylaw, the Participating Municipalities agree that where an applicant for an Inter-Community Business Licence does not maintain Premises in any of the Participating Municipalities, then the applicant may apply at any one of them. The Participating Municipality's Municipal Business Licence must be purchased prior to the application for an Inter-Community Business Licence. 9. The fee for an Inter-Community Business Licence shall be as outlined in the District of Salmon Arm Fee for Services Bylaw No. 2498, as amended from time to time. The fee for the Inter-Community Business Licence shall be retained by the Participating Municipality that issues the licence. The fee for an Inter-Community Business Licence is separate and additional to any Municipal Business Licence that may be required. 10. Every Inter-Community Business Licence shall be issued in a standard form to be agreed upon from time to time by the Participating Municipalities. Each Participating Municipality shall periodically provide the other Participating Municipalities with a list of Inter-Community Business Licences that it has issued during the calendar year. 11. A Participating Municipality may exercise the authority of the Principal Municipality and suspend an Inter-Community Business Licence in relation to conduct by the holder within the Participating Municipality which would give rise to the power to suspend a business licence under the Community Charter or the business licence or regulation bylaw of the Participating Municipality. The suspension shall be in effect throughout all of the Participating Municipalities and it shall be unlawful for the holder to carry on the Business authorized by the Inter-Community Business Licence in any Participating Municipality for the period of the suspension. 12. If the Council of a Participating Municipality is of the opinion that reasonable cause exists to cancel an Inter-Community Business Licence issued by another of the Participating Municipalities, then it may by resolution reciting the details of such reasonable cause request the Principal Municipality that issued the licence to consider Inter-Community Business Licence Bylaw No. 3750 Page 4 January 14, 2025 Consolidated to include Bylaw 4687 whether or not the licence should be cancelled pursuant to Section 15 or Section 60(2) of the Community Charter, SBC, 2003, Chapter 26 and amendments thereto. 13. Any resolution made under Section 12 of this Bylaw shall be communicated in writing to the Principal Municipality that issued the Inter-Community Business Licence, together with such documentary evidence of the reasonable cause as may be available, and such Principal Municipality shall as soon thereafter as reasonably possible consider whether the Inter-Community Business Licence should be cancelled. 14. In making any decision as to whether to cancel an Inter-Community Business Licence under Section 14 or Section 60(2) of the Community Charter, SBC, 2003, Chapter 26 and amendments thereto, the Principal Municipality shall approach the matter as if the conduct complained of had occurred within its own boundaries. 15. The Principal Municipality will retain the authority to hear related reconsiderations or appeals of suspensions and cancellations of Inter-Community Business Licences. 16. Nothing in this Bylaw affects the authority of a Participating Municipality to suspend or cancel any business licence issued by that municipality or to enact regulations in respect of any class of Business under Section 15 of the Community Charter, SBC, 2003, Chapter 26 and amendments thereto. 17. A Participating Municipality may, by notice in writing to each of the other Participating Municipalities, withdraw from the Inter-Community Business Licence scheme established by this Bylaw, and notice must: a) set out the date on which the withdrawing municipality will no longer recognize the validity within its boundaries of business licences issued pursuant to this Bylaw, which date must be at least six months from the date of the notice; and b) include a certified copy of the Bylaw authorizing the withdrawal. 18. An Inter-Community Business Licence issued prior to the effective date of the withdrawal shall, until it expires, remain valid within the boundaries of the withdrawing Municipality; 19. In the event of an inconsistency between this Bylaw and any other bylaw relating to business licensing of a Participating Municipality, the provisions of this Bylaw shall take precedence. OFFENCE 20. A person who contravenes any provisions of this Bylaw by doing an act that it forbids, or by omitting to do an act that it requires to be done, commits an offence against this Bylaw. Inter-Community Business Licence Bylaw No. 3750 Page 5 January 14, 2025 Consolidated to include Bylaw 4687 ENFORCEMENT AND PENALTIES 21. a) Every person who commits an offence against this Bylaw is liable to a fine. b) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SEVERABILITY 22. If any part, section, sub-section, clause, or sub-clause of this Bylaw for any reason is held to be invalid by the decision of a Court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remaining portions of this Bylaw. ENACTMENTS 23. Any enactments referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time. CITATION AND REPEAL 24. The City of Salmon Arm Mobile Business Licence Bylaw No. 3665 and amendments thereto are hereby repealed. 25. This Bylaw may be cited as the "City of Salmon Arm Inter-Community Business Licence Bylaw No. 3750". READ A FIRST TIME THIS 24th DAY OF November 2008 READ A SECOND TIME THIS 24th DAY OF November 2008 READ A THIRD TIME THIS 24th DAY OF November 2008 ADOPTED BY COUNCIL THIS 8th DAY OF December 2008 "M. BOOTSMA" MAYOR "C. BANNISTER" CORPORATE OFFICER Inter-Community Business Licence Bylaw No. 3750 Page 6 January 14, 2025 Consolidated to include Bylaw 4687 Schedule "A" The following Business types are Excluded Businesses for the purposes of application for an Inter-Community Business Licence under the Inter-Community Business Licensing scheme set out in this Bylaw:  Social Escort Services;  Vehicles for Hire (for example, taxis, limousines or buses);  Body-Rub Services (which includes the manipulating, touching or stimulating by any means, of a Person's body or part thereof, 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 or a therapeutic touch technique);  Those businesses selling goods or services to clients from the same location and not moving from client to client (e.g. fruit stands/trucks, mobile stores, mobile vendors, flea markets, carnivals, trade shows, food truck vendors, etc.); and  Boat Rental Companies.