Business Licence Bylaw No. 2119 — full text

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Bylaw are produced and consolidated for convenience only. Every effort has been made to ensure the accuracy and completeness of the material, however, the Town cannot guarantee its legal accuracy and does not accept responsibility for loss or inconvenience suffered by users as a result of inaccuracies. Please be advised that this material is not admissible in a court of law in accordance with the Evidence Act of British Columbia. For such purposes certified copies of Bylaws must be obtained from the Corporate Officer. TOWN OF SIDNEY BYLAW NO. 2119 (CONSOLIDATED) Amendment Bylaws incorporated as listed at the end of the document. A BYLAW RESPECTING LICENCES AND REGULATIONS FOR CARRYING ON BUSINESSES WITHIN THE TOWN OF SIDNEY AND FOR FIXING FEES FOR SUCH LICENCES WHEREAS Section 8(6) of the Community Charter authorizes the adoption of a Business Licence and Business Regulation Bylaw by a Municipality; AND WHEREAS the Council of the Town of Sidney deems it advisable to license, set fees and regulate the operation of businesses within the Town of Sidney; NOW THEREFORE, the Council of the Town of Sidney in open meeting assembled, enacts as follows: 1. CITATION This Bylaw may be cited for all purposes as the "Town of Sidney Business Licence Bylaw No. 2119, 2016". 2. DEFINITIONS In this Bylaw, the following terms have the following definitions: Bed and Breakfast: means a Short Term Rental as defined by the Town of Sidney Zoning Bylaw. Building Rentals: the rental or management of the rental of any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy. Business: means "business" as defined in the Community Charter. Business Licence: means a valid licence issued by the Town of Sidney to allow the operation of a Business within the Town. Commercial/Industrial: includes all types of Business not otherwise specifically enumerated in this Bylaw. Council: means the Council of the Town of Sidney. Door-to-Door Sales: includes the Business of a person who being either resident or non- resident, is engaged in selling goods, wares, merchandise or services directly to the public by calling from premises to premises, or by setting up a temporary business on property in order to expose samples, take orders, offer for sale goods, wares, merchandise or services of any kind, but does not include garage sales. Business Licence Bylaw No. 2119 (Consolidated) Page 2 Floor Space: means the floor area used for the carrying on of a Business and includes any ground area or outdoor area used for display or storage of goods or other wares. Home Occupation: includes the provision of goods or services from a residence in the Town of Sidney. Intermunicipal Business Licence: means a Business Licence issued to a Business that is operating from a Premises within the Town of Sidney, permitting operation of that Business within the boundaries of any of the Participating Municipalities under the Intermunicipal Business Licence Agreement without the need to obtain an additional Business Licence in another municipality. Licence Inspector: means the Director of Community Planning or their designate. Licensee: means the person to whom a Business Licence has been issued. Manufacturing: includes assembling, fabricating, altering, producing or finishing goods, substances or things or any part thereof. Minor Home Occupation: includes a hobby shop, craft shop, instructor, or private teacher. Non-Resident Business: means a Business, other than a Resident Business, carried on within the Town of Sidney, or with respect to which any work or service is performed within the Town. Participating Municipalities: means the Municipalities that have signed an Intermunicipal Agreement to participate in the Capital Regional District Intermunicipal Licensing program. Premises: includes a store, office, warehouse, factory building, enclosure, yard, house or other place or any part thereof occupied or used by any person for the purpose of any business, trade, or occupation, and also includes any area situated within any of the foregoing where more than one separate and/or distinct class or classification of business is carried out. Reasonable Cause: to have knowledge of facts which, although not amounting to direct knowledge, would cause a reasonable person, knowing the same facts, to reasonably conclude the same thing. Resident Business: means a business conducted in or from premises within the Town of Sidney. Short Term Rental: means a Short Term Rental as defined in the Town of Sidney Zoning Bylaw. Temporary Outdoor Market: means a business that, for a fee, permits individuals to use or occupy a space, table or booth outdoors on public property for a stipulated time for the purpose of retail marketing of goods or services and information displays. Town: means the Town of Sidney. Business Licence Bylaw No. 2119 (Consolidated) Page 3 Vending Machine: means any device operated by the insertion of a slug, coin or card for the purpose of selling or dispensing any merchandise or providing music, games, amusement or services of any kind, but does not include an ATM, a box containing published materials for distribution, or a washer or dryer. 3. GENERAL REGULATIONS 3.1 For the purpose of this Bylaw, any person who, within the Town: a. advertises or indicates by any means as being open for Business of any kind; b. deals in, or buys, sells, barters, rents, or displays any commodity or offers by advertisement or otherwise, on behalf of himself or others; to buy, sell, barter or rent any commodity; c. renders or offers to render professional, personal, contractual, or other services to any person for the purpose of gain or profit; or d. engages in repairing, restoration or servicing of automobiles, appliances or other commodities not owned or registered in the name of that person or firm; shall be deemed to be carrying on a business in the Town. 3.2 Unless specifically exempted in Section 11 of this Bylaw, a person shall not carry on any Business within the Town without a valid and subsisting Business Licence issued to that person under this Bylaw. 3.3 No person or his representative shall advertise the carrying on of a Business within the Town without first obtaining a Business Licence. 3.4 Every Licence granted pursuant to this Bylaw shall state that the holder is licensed to carry on the Business stipulated therein in a lawful manner for the period specified at the Premises therein stated. 3.5 Any person in charge or control of Premises where a Business is carried on or practiced shall at all times keep the Business Licence prominently displayed in a public sales or reception area of the Premises. If a Licensee does not maintain Business Premises, the Licensee shall carry the Licence on their person at all times while engaged in the Business. 3.6 Any person who carries on more than one Business in or from any one Premises shall obtain a separate Business Licence for each Business. 3.7 For the purpose of this Bylaw, where a Business is carried on in or from more than one Premises in the Town, the Business carried on in or from each Premises shall be deemed a separate Business. 3.8 Where a Business is carried on within the Town from Premises located outside the Town, but the owner of the Business does not possess an Intermunicipal Business Licence, the owner of the Business must apply for a Non-Resident Business Licence. 3.9 The issuance of a Business Licence shall not be deemed to be a representation by the Town to the Licensee or to anyone else that the Business complies with all applicable bylaws or other enactments. The Licensee shall ensure compliance with all bylaws and other enactments. Business Licence Bylaw No. 2119 (Consolidated) Page 4 4. APPLICATION AND RENEWAL 4.1 Every person applying for a Business Licence shall complete the form prescribed by the Licence Inspector for such purpose. 4.2 No person shall make any material misrepresentations on a Business Licence application. 4.3 No Business Licence shall be issued until the fee, as set out in Schedule A of this Bylaw, has been paid to the Town of Sidney. 4.4 The Licence Inspector shall determine a Business's classification for the purposes of assessing its prescribed licence fees. 4.5 The application for a Business Licence 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 a 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 shall be deemed to be the only authorized agent of all the owners or partners. 4.6 The categories of Business set out in Schedule A attached to this Bylaw are established as categories of Businesses for the purposes of this Bylaw. 4.7 The completed Business Licence application form shall be submitted to the Licence Inspector by the owner of the Business or a duly authorized agent, and the applicant shall be invoiced for the fee as specified in Schedule A of this bylaw. 4.8 An application for a Business Licence to carry on Business within not only the Town but also other municipalities within the Capital Regional District (CRD) shall be treated as an application for an Intermunicipal Licence, and if the Licence Inspector issues a Business Licence for that Business under Part 6 of this Bylaw, the Business Licence so issued shall be an Intermunicipal Licence pursuant to the CRD Intermunicipal Business Licence Agreement. 4.9 Every person who has received a Business Licence from the Town and continues to carry on Business in the Town in subsequent calendar years shall renew their Business Licence on or before February 28th of each year at no charge by completing the renewal form prescribed by the Licence Inspector. 4.10 Notwithstanding Section 4.9, a Business Licence issued for a business that was approved by Temporary Use Permit (TUP) shall expire in conjunction with the expiry of the TUP. It shall be incumbent upon the business owner to apply for a new Business Licence if the TUP is renewed or if the property is rezoned to permit the use permanently. 4.11 Notwithstanding any other section of this bylaw, a business licence that is issued for a Short Term Rental will be charged an annual fee as indicated in Schedule A and be required to submit a completed Fire Safety Self-Assessment annually together with the renewal fee. 5. PERIOD OF LICENCE 5.1 Except as hereinafter provided, Business Licences shall be granted for a one-year period, to commence on the first day of January and to terminate on the thirty-first day of December in each and every year. Business Licence Bylaw No. 2119 (Consolidated) Page 5 5.2 No licence fee paid hereunder shall be refundable. 5.3 DELETED 5.4 Notwithstanding Section 5.1, a seasonal or event Business Licence, or a Business Licence for a Carnival or Temporary Outdoor Market, shall be for no more than 6 consecutive weeks or 42 non-continuous days in a calendar year and shall explicitly state its term of validity. 5.5 DELETED 6. GRANTING, REFUSAL AND TERMS AND CONDITIONS OF A LICENCE 6.1 Council hereby authorizes the Licence Inspector to grant, refuse, suspend and cancel Business Licences under this Bylaw. 6.2 The Licence Inspector may grant a Business Licence if he or she is satisfied that the applicant has fulfilled the requirements of this and all other Town Bylaws, as well as applicable federal and provincial enactments, and that all licence fees, and any outstanding fees or fines owed to the Town in relation to the Business, or any other Business operated by the same applicant, have been paid. 6.3 It is a term and condition of every Business Licence that the Business must be carried on in strict compliance with all applicable Bylaws of the Town and federal and provincial enactments. 6.4 The Licence lnspector may grant a Business Licence on terms and conditions including any one or more of the following: a. hours of operation; b. the effective period of the Licence; c. measures to reduce nuisance or negative impacts on the surrounding community; d. measures to address issues of health or safety; e. measures to ensure compliance with the requirements of this and other applicable bylaws or provincial or federal regulations; and f. other terms and conditions that the Licence Inspector reasonably considers necessary or desirable to ensure compliance with this Bylaw or another enactment. 6.5 The Licence Inspector may refuse, suspend or cancel a Business Licence for reasonable cause upon the provision of written reasons for the refusal, suspension or cancellation. 6.6 Without limiting what constitutes reasonable cause for the refusal, suspension, or cancellation of a Business Licence, the following may constitute reasonable cause: a. the applicant fails to comply with this Bylaw; b. the Licensee fails to comply with a term or condition of a Business Licence; c. the Licensee is convicted of an offence that, in the opinion of the Licence Inspector, directly relates to the Business; d. the Licensee violates any Bylaw of the Town in respect of the Business or the Business Premises; Business Licence Bylaw No. 2119 (Consolidated) Page 6 e. the Licensee ceases to meet the lawful requirements to carry on the Business at the Premises; f. the Licensee has engaged in misconduct in respect of the Business or the Business Premises which, in the opinion of the Licence Inspector, warrants the suspension or cancellation of the Business Licence; or g. the Licensee has conducted their business or performed a service in a manner, or sold, offered for sale or distributed to a person actually or apparently under the age of 16 years, anything that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of 16 years. 6.7 When exercising the authority to refuse, cancel, suspend or make a Business Licence subject to terms and conditions, the Licence Inspector may consider, without limitation, any information provided by another municipality or governmental authority in respect of that Business or Business Licence. 6.8 If the Licence Inspector suspends a Business Licence: a. the suspension is for such period of time as the Licence Inspector may determine, and b. The Licence Inspector may impose additional terms and conditions that the Licensee must meet in order to obtain a Business Licence at the end of the suspension period. 6.9 The suspension or revocation of a Business Licence must be made in writing, signed by the Licence Inspector and served on the Licensee or delivered to the Licensee by registered mail to the address given on application for the Business Licence. 6.10 A notice of such revocation or suspension of a Business Licence may be posted by the Licence Inspector upon the Premises for which the Licence was issued, and such notice shall not be removed until the Business Licence is reinstated, the Licensee or former Licensee ceases to occupy the Premises, or a new Business other than the one carried on by the Licensee or former Licensee is started on the Premises. 6.11 If the Licence Inspector refuses to grant, suspends, cancels or imposes terms and conditions upon a Business Licence, the applicant or Licensee is entitled to have Council reconsider the Licence Inspector's decision. 6.12 If an applicant or Licensee wishes to have Council reconsider a decision of the Licence Inspector under Section 6.4 or 6.9, they must, within 10 business days of the date of the decision, deliver to the Town's Corporate Officer a written request stating the grounds upon which the request for reconsideration is based. 6.13 The Town's Corporate Officer will notify the applicant or Licensee of the time and place at which Council will reconsider the Licence Inspector's decision. The applicant or Licensee or their representative may appear before Council and present their reasons for the appeal, and upon such appeal the Council may confirm or set aside such suspension on such terms as it may deem fit. 6.14 The Council may confirm the revocation of a Business Licence for reasonable cause after notice has been given to the Licensee and after giving the Licensee an opportunity to be heard. Business Licence Bylaw No. 2119 (Consolidated) Page 7 7. CHANGES AND CLOSURES 7.1 No person shall make, or cause, permit or allow to be made, any change to a Business, including but not limited to: a. a change of ownership; b. a change in the location of the Business' Premises or mailing address; c. the classification of the Business; d. a change that would increase the licence fee payable in respect of the Business; e. a change that affects any term or condition upon which the Business Licence was issued, including but not limited to; i. the number of children for a daycare; ii. number of seats for a restaurant/cafe; iii. apartments, rooms or the capacity of accommodation available; f. duration of a seasonal or event based business; g. a change to the area of the Premises upon which the Business is carried out; or h. any alterations of the Premises upon which the Business is carried out; without first applying to the Licence Inspector to have the Business Licence amended. 7.2 An application to amend a Business Licence must: a. be made in the form provided by the Licence Inspector for that purpose; b. be signed by the Licensee or their authorized agent; c. contain a true and accurate description of the change prompting the amendment application; and d. be accompanied by the difference in the payment of the applicable Business Licence fee, if any. 7.3 The Licence Inspector may grant or refuse the Business Licence amendment on the same or different terms and conditions, in accordance with Part 6 of this Bylaw. 7.4 Upon termination of the Business, the Licensee shall notify the Licence Inspector that the Business Licence is no longer required and shall surrender the Business Licence to the Licence Inspector. 8. RESTRICTIONS 8.1 No person shall carry on a Resident Business in or from any Premises in the Town other than those specified on a valid and subsisting Business Licence. 8.2 No person, being the holder of a Non-Resident Business Licence, shall operate an office related to the Business within the Town without notifying the Licence Inspector. 8.3 No Business Licence shall be granted where the Premises that the Business will be conducted on or from are in contravention of any Bylaws of the Town. 8.4 Every Business Licence shall be considered as a personal licence to the Licensee and shall not be transferable to any other person. Business Licence Bylaw No. 2119 (Consolidated) Page 8 8.5 No Licensee shall contravene, or permit or allow the contravention of, any term of this bylaw in relation to their Business. 8.6 No Licensee shall contravene, or permit or allow the contravention of, any term or condition of their Business Licence. 9. ENFORCEMENT 9.1 The Licence Inspector is hereby authorized to enter, at any reasonable time, upon any Premises in order to ascertain whether the provisions of this Bylaw are being obeyed or to enforce this Bylaw. 9.2 When entering on to a Business Premises, the Licence Inspector shall carry proper credentials confirming his or her status as a Business Licence Inspector. 9.3 At any time, the Licence Inspector may require a Licensee to provide proof of any certification, approval, or qualification that may be required by this Bylaw, or by a federal, provincial or municipal authority with respect to the Business. 9.4 No person shall obstruct a Licence Inspector engaged in the administration or enforcement of this Bylaw. 10. REGULATION OF SPECIFIC BUSINESSES 10.1 Carnival or Circus: a. Where the carnival or circus includes any mechanical ride or riding device, the Licensee must obtain, maintain and provide to the Licence Inspector satisfactory proof that the Business carries a Commercial General Liability Insurance Policy that has limits of not less than Five Million ($5,000,000) Dollars per occurrence; covers bodily injury, death and property damage, including loss thereof, and shall produce proof of such insurance to the Licence Inspector when asked to do so; b. The Licensee shall ensure that each ride has an inspection plate showing the last inspection of the ride; and c. Circus acts in which animals are exhibited or where animals are used for shows in part or in whole are prohibited within the Town of Sidney, with the exception of horse shows, dog shows, and displays or showings of animals in agricultural fairs or pet shows, provided that no animal is being used or treated in an inhumane manner for profit or advantage. 10.2 Escort Service: Every business entity carrying on the business of operating a social escort service must: a. maintain on the Premises a list of all current employees and all persons being handled on an agency basis, including name, age, and address, and; b. upon request, immediately make such list available for inspection by the Licence Inspector. c. not employ any persons under the age of nineteen (19) years of age; and d. not make any references to specific sexual activity in any advertisement. Business Licence Bylaw No. 2119 (Consolidated) Page 9 10.3 Highways: No person shall offer for sale any goods or merchandise on any highway, street or boulevard within the Town of Sidney, unless written permission is obtained from the Town of Sidney for such purpose. 10.4 Marina: Any person operating a marina shall keep a record of the persons staying aboard a vessel and registered as living aboard. A copy of the registry shall be made available for inspection upon request by the Licence Inspector. 10.5 Occupancy Permit: No person shall occupy or permit occupancy of a new or remodeled Premises for the purpose of carrying on a Business unless the Building Inspector of the Town of Sidney has issued an Occupancy Permit for such premises. 10.6 Parks and Town of Sidney Owned Lands: No person shall offer for sale any goods or merchandise within the boundaries of any Town of Sidney owned park or land, unless they have first obtained permission from the Town of Sidney for that purpose. 10.7 Door-to-Door Sales: All door-to-door salespeople must, when conducting or attempting to conduct business: a. Call at any residence only between the hours of 8:00 a.m. and 6:00 p.m., unless a previous appointment for such attendance has been made with a person who is expected to be at the residence at the time; b. State to any person with whom they are conducting or attempting to conduct business the name of the business or organization with whom they are associated, affiliated or representing; c. Have affixed to their clothes and clearly visible to the public, a card on which is printed their full legal name, and on which is affixed their photograph, said photograph being of passport size, namely 5cm by 5cm; and d. Display to any person inquiring a copy of a valid Business Licence issued to the salesperson by the Town of Sidney. 10.8 Consignment Businesses: a. Any person who operates as a consignment Business shall keep a record known as the "Register", in which a record is kept of all goods received, purchased or taken in exchange, and the record shall include in addition to the date of purchase, receipt or exchange, a full description of the article or articles. This register shall include the name of the maker and the serial number, if known or able to be ascertained, and the name and address of the person from whom the purchase was made. b. The Register shall be kept within the province of British Columbia for 7 years after the date of the last entry and the Licensee shall ensure that the Register is not mutilated or destroyed. The Register shall be open to inspection by members of the RCMP and the Licence Inspector at all times during regular business hours. c. Any person who operates as a consignment Business must not purchase or take in pawn any consignment property from any person between 8 p.m. of one calendar day and 8 a.m. of the next calendar day. d. Any person who operates as a consignment Business must not purchase or take in pawn any consignment property whose serial number or other identifiable marking has been wholly or partially tampered with or removed or shows evidence of theft. e. Any person who operates as a consignment Business must not purchase or take in pawn any consignment articles from a minor. Business Licence Bylaw No. 2119 (Consolidated) Page 10 f. Any person who operates as a consignment Business, with respect to each item of consignment property purchased or taken in pawn, must not alter, sell, exchange, or otherwise dispose of the consignment property within 5 business days after the close of business on the day it received the item. 10.9 Temporary Outdoor Market: Any person operating a temporary outdoor market on public property must follow the requirements outlined in the Town's Temporary Outdoor Market Bylaw. 10.10 Trade Qualifications: Any person operating as a contractor working in a regulated trade must produce a Trade Qualification number assigned by the regulating body of his or her trade at the time of application for a Licence. 10.11 Vending Machines: No person shall own, keep or maintain any Vending Machine unless there has been imprinted thereon, the name, address and telephone number of the owner or his agent. No separate Business Licence is required if the vending machine is owned and operated by a holder of a valid Business Licence, when situated within the area licensed. 10.12 Manufacturing and Processing Plants: Any person or business manufacturing, processing or maintaining an industrial Premises within the Town shall: a. Not allow the waste from their plant or operation to accumulate around their Premises; b. Store all waste from the plant inside the Premises only; and/or in a sealed container that shall be sealed at all times other than during such time as waste is being placed in the container; and c. Follow proper discharge procedures as required by the Capital Regional District (CRD). 10.13 Automobile Tow Truck: a. Any person operating an automobile tow truck for the purpose of enforcing parking restrictions within the Town of Sidney, operating tow service for Sidney/North Saanich RCMP or the Town of Sidney Bylaw Enforcement shall have an impound yard within the Town of Sidney, the District of North Saanich or the District of Central Saanich; and b. The operator of the automobile tow truck shall, by the first Monday in December and the first Monday of June, each year that the operator is in business in the Town of Sidney, verify to the Town the address or location of the impound yard. 10.14 Home Occupations: a. the Business must comply with all conditions for home occupation requirements in the Town of Sidney's Zoning Bylaw; b. the Business shall not produce noise, smells, light, or emissions detectable from outside the parcel on which the Home Occupation Business is located; c. all materials associated with the Business must be stored in a permitted principal or accessory building and no materials may be stored outdoors; and d. the Business shall not include or allow the parking or stopping of vehicles on or about the Premises, other than the vehicle of the occupant of the residence and one other vehicle related to the conduct of the Business. Business Licence Bylaw No. 2119 (Consolidated) Page 11 10.15 Short Term Rentals: a. The business licence applicant must provide proof of ownership of the premises or obtain consent, in writing, from the owner of the premises where the Short Term Rental will be operating. b. When the premises where the Short Term Rental is offered is located within a strata plan, the business licence applicant must provide a letter from the strata council confirming that use of the premises for Short Term Rental does not contradict any bylaws of the strata corporation or applicable provisions of the Strata Property Act. c. A Short Term Rental may be offered for booking only if a valid business licence number is included in any advertising, listing, or promotional material that is intended to communicate availability of the premises for short-term rental. d. No Short Term Rental may be offered, marketed, or advertised for booking during a period of suspension of that licence. e. The business licence holder must post, by all entrances and exits, a floor plan of the premises upon which the Short Term Rental is to be conducted, identifying the location of smoke alarms, carbon monoxide detectors, fire extinguishers, fire exits, type(s) and location(s) of bed(s) in each room, including, but not limited to, sofa beds. f. The business licence holder shall maintain a fire extinguisher for each floor of the Short Term Rental and carbon monoxide detectors on each floor that contains gas appliances. g. The business licence holder must provide an emergency contact name and number to guests. h. If the business licence holder will be away during the rental period of a Short Term Rental, the business licence holder must designate a responsible person, and must provide the responsible person's name and contact information to guests. i. Provide any other information the Licence Inspector may require for the purposes of ensuring compliance with the Town's bylaws, not limited to inspection, maintenance, and construction records regarding fire safety to the Licence Inspector upon request. 11. EXEMPTIONS 11.1. A Business Licence is not required for: a. A garage sale, which is conducted on a person's own residential property; b. Any activity carried on by government, its agencies or government-owned corporations; c. An educational course or program provided by a community or continuing education facility, or by a school operated pursuant to the School Act, S.B.C. 1996 or successor legislation, including fundraising activities to support such programs; d. A charitable, philanthropic or religious organization where the whole of the proceeds of the activity are used solely for charitable, philanthropic or religious purposes; or e. The rental of up to two dwelling units on a property, or part thereof, by the owner of the dwelling, not including a Short Term Rental. 11.2. As an exception to Section 11.1, political campaign and constituency offices and non-profit organizations with a physical office within the Town must apply for a Business Licence, but are exempt from any fee in respect of such Business Licence. Business Licence Bylaw No. 2119 (Consolidated) Page 12 11.3 DELETED 12. DUTIES AND ADMINISTRATION 12.1. The Licence Inspector is hereby authorized and empowered to inspect, compel and require that all regulations and provisions prescribed in this Bylaw and any such regulations and provisions which may from time to time be appended to this Bylaw, are carried out. 12.2. The Licence Inspector shall maintain and keep records of all Licences issued. 12.3. All such records shall be considered public records, and shall be open for inspection at reasonable times as required by applicable legislation, provided that this provision shall not apply to internal notes or memoranda prepared by Town staff. 13. OFFENCES AND PENALTY 13.1 Every person who violates this bylaw, suffers or permits any act or thing to be done in violation of this bylaw, or neglects to do or refrains from doing anything required in accordance with this bylaw is guilty of an offence against this bylaw and is liable: a. to a fine set out in the Town of Sidney's Municipal Ticket Information Bylaw; or b. to a fine set out in the Town of Sidney's Bylaw Notice Enforcement Bylaw; or c. upon summary conviction under the Offence Act, to a penalty of not less than $100.00 and not more than $50,000.00. 13.2 Each day that a violation continues is a separate offence against this bylaw. 14. SEVERABILITY 14.1. If at any time, any provision of this bylaw is declared or held to be illegal, invalid, or ultra vires, in whole or in part, then the provision shall not apply and the remainder of this bylaw shall continue in full force and effect and be construed as if it had been enacted without the illegal, invalid, or ultra vires provision. 15. REPEAL 15.1. The Town of Sidney Business Licence Bylaw No. 1668, 2001 and amendments thereto are hereby repealed. Read a first time the 8th day of August, 2016. Read a second time the 8th day of August, 2016. Read a third time the 22nd day of August, 2016. Adopted the 6th day of September, 2016. ____________________________ ____________________________ MAYOR CORPORATE OFFICER _______________________ (Amendment No. 1) Bylaw No. 2206, December 2020 (Amendment No. 2) Bylaw No. 2221, December 2021 (Amendment No. 3) Bylaw No. 2244, November 2022 (Amendment No. 4) Bylaw No. 2283, November 2024 Business Licence Bylaw No. 2119 (Consolidated) Page 13 Schedule A - Licence Fees Fee Schedule Licence Type Fee Minor Home Occupation $50.00 Home Occupation $100.00 Commercial / Industrial $100.00 Commercial / Industrial - large (over 500 m2) $200.00 Building Rentals $100.00 Building Rentals - large (over 500 m2) $200.00 Vending Machines $25.00 per machine (max $100.00 per Premises) Seasonal / Event $25.00 per quarter Temporary Outdoor Market $100.00 Carnival $200.00 Door to Door Sales $100.00 Daycare $100.00 Child Care Facility $100.00 Non-Resident $100.00 Non-Profit Organizations & Political campaign and constituency offices $0.00 Short Term Rental - Annual Fee $200.00 No additional charge for Intermunicipal classification where applicable.