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Village of Slocan
Inter-Community Business Licence Bylaw No. 673, 2020 Page 1 of 6
THE CORPORATION VILLAGE OF SLOCAN
BYLAW NO. 673
A BYLAW TO ESTABLISH A SCHEME FOR INTER-COMMUNITY BUSINESS LICENCING
AND REGULATION OF TRADES, OCCUPATIONS AND BUSINESSES
WHEREAS Council may, pursuant to Section 8(6) of the Community Charter, regulate in
relation to business;
AND WHEREAS pursuant to Section 14 of the Community Charter, two or more
municipalities may, by bylaw adopted by the Council of each participating government,
establish an Inter-Community scheme in relation to one or more matters;
AND WHEREAS pursuant to Section 15(1) of the Community Charter, Council may provide
terms and conditions that may be imposed for obtaining, continuing to hold or renewing a
licence, permit or approval and specify the nature of the terms and conditions and who may
impose them;
AND WHEREAS Council has given notice of its intention to adopt this bylaw by publishing
such notice in two consecutive issues of a newspaper, the last publication appearing not
less than three (3) and not more than ten (10) days before the hearing and has provided an
opportunity for persons who consider they are affected by this bylaw to make
representations to Council at a hearing pursuant to Section 59 of the Community Charter,
NOW THEREFORE the Municipal Council of the Village of Slocan, in open meeting
assembled, hereby ENACTS as follows:
1. INTERPRETATION
In this bylaw unless the context otherwise requires:
"Business"
has the meaning as defined by the "Community
Charter Schedule Definitions and Rules of
Interpretation".
"Excluded Business"
means a Business 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
Government by moving from client to client rather
than having clients come to them. This includes
but is not limited to trades, plumbers, electricians,
cleaning services, pest control or other similar
Businesses. This does not include fruit stands,
Village of Slocan
Inter-Community Business Licence Bylaw No. 673, 2020 Page 2 of 6
flea markets, trade shows or other similar
businesses.
"Inter-Community Business
Licence"
means a Business Licence which authorizes Inter-
Community Business to be carried on within the
boundaries of any or all of the Participating
Governments in accordance with this Bylaw and
will be in addition to a Standard Business Licence.
"Standard Business Licence" means a licence or permit, other than an Inter-
Community Business Licence, issued by a
Participating Government that authorizes a
Business to be carried on within the jurisdictional
boundaries of that Participating Government.
"Participating Government"
means communities located in the Kootenay
Region of BC that have adopted this Inter-
Community Business Licence Bylaw.
"Person"
has the meaning ascribed to it by the
Interpretation Act.
"Premise"
means a fixed or permanent location where the
applicant ordinarily carries on Business.
"Principal Government"
means the Participating Government where a
Business is physically located, or has a Premise,
or, where the licensee does not maintain a
Premise in any of the Participating Governments,
the Government that issues the Inter-Community
Business Licence.
2. REGULATION
a)
Subject to Section (c) and (e), a person who has obtained an Inter-Community
Business Licence may carry on business within a Participating Government for
the term authorized by the Inter-Community Business Licence without
obtaining a Standard Business Licence in the other Participating
Governments.
b)
A Participating Government may issue an Inter-Community Business Licence
to an applicant for an Inter-Community Business Licence provided the
Business type is an Inter-Community Business and is not an Excluded
Business, the applicant has a valid Business Licence issued by that
Participating Government, and the applicant meets the requirements of this
Bylaw.
Village of Slocan
Inter-Community Business Licence Bylaw No. 673, 2020 Page 3 of 6
c)
A person holding an Inter-Community Business Licence must comply with all
other regulations and bylaws of the Participating Government in which they
are carrying on Business.
d)
A Business that operates under an Inter-Community Business Licence in more
than one Participating Government shall only apply for an Inter-Community
Business Licence from the Participating Government in which they maintain a
Premise.
e)
Notwithstanding the issuance of an Inter-Community Business Licence, every
person who carries on, maintains, owns or operates, within a Participating
Government, any profession, business, trade, occupation, calling, undertaking
or thing in or from more than one branch, office, place, premise or store shall
obtain a separate Standard Business Licence for each branch, office, place,
premise or store. And further, notwithstanding Sections (b), (c), and (d), the
Participating Governments agree that where an applicant for an Inter-
Community Business Licence:
i.
does not maintain Premises in any of the Participating Governments,
then the applicant may apply at any one of them; or
ii.
maintains a Premise in more than one of the Participating
Governments, the applicant must apply at one of the Participating
Governments where they maintain a Premise.
3.
FEES
a)
The fee for an Inter-Community Business Licence is $100 and shall be paid in
full at the time of application and will be retained by the Participating
Government that issues the licence.
b)
The fee for an Inter-Community Business Licence is separate and additional to
any Business Licence fee that may be required.
c)
The annual Inter-Community Business Licence fees prescribed in this bylaw
may be reduced pro-rate in respect of any person who becomes liable to be
licensed AFTER the commencement of the licence period, on the same basis
as the municipal business licence.
4.
APPLICATION
a)
Every Inter-Community Business Licence shall be issued on a standard form
provided for that purpose, as agreed upon from time to time by the
Village of Slocan
Inter-Community Business Licence Bylaw No. 673, 2020 Page 4 of 6
Participating Governments and including, as a minimum, the following
information:
i.
Disclosing the nature and character of the profession, business, trade,
occupation, calling, undertaking or thing to be carried on, maintained,
owned or operated by the applicant;
ii.
Declaring the mailing address and contact information for such
profession, business, trade, occupation, calling, undertaking or thing;
iii.
Declaring the number of persons engaged or occupied in such
profession, business, trade, occupation, calling, undertaking or thing;
iv.
Disclosing the number of distinctive lines of goods sold or offered for
sale;
v.
Including any other information concerning the profession, business,
trade, occupation, calling, undertaking or thing which the Participating
Government may require.
b)
Each Participating Government shall provide to all other Participating
Governments standardized information regarding the Inter-Community
Business Licences issued, by way of at least weekly updates on a shared
database (www.mobilebusinessregistry.ca) available to all Participating
Governments.
5.
Suspension or Cancellation of an Inter-Community Business Licence
a)
A Council or Designated Officer or Employee of a Participating Government
may exercise the authority of the Principal Government in accordance with
Sections 15 and 60 of the Community Charter to suspend or cancel an Inter-
Community Business Licence. The suspension or cancellation shall be in
effect throughout all of the Participating Governments and it shall be unlawful
for the holder to carry on the Business authorized by the Inter-Community
Business Licence in any Participating Governments for the period of the
suspension or cancellation.
b)
Before suspending or canceling an Inter-Community Business Licence under
Section 6(a), the Participating Government must give the licence holder notice
of the proposed action and must inform the licence holder of their right to be
heard.
i.
If the licence holder wishes to exercise this right, the Participating
Government shall communicate in writing to the licence holder and
Principal Government that issued the Inter-Community Business
Licence, together with such documentary evidence of the reasons for
suspension or cancellation as may be available and the request to be
Village of Slocan
Inter-Community Business Licence Bylaw No. 673, 2020 Page 5 of 6
heard. Such Principal Government shall then, as soon thereafter as
reasonably possible, provide the Licence Holder an opportunity to
address their respective Council who will then consider whether to
suspend or cancel the Inter-Community Business Licence.
ii.
If the licence holder does not exercise their right to be heard, the
Participating Government may suspend or cancel the Inter-Community
Business Licence in accordance with Section 6(a).
c)
Any conduct by a licence holder resulting in a hearing made under Section
6(b)(i) shall be considered by the Council of the Principal Government as
though it happened within the jurisdiction of the Principal Government.
d)
A decision by a Principal Government or Participating Government to cancel
or suspend an Inter-Community Business Licence under Section 6 (b) shall be
honoured by all Participating Governments.
e)
Nothing in this Bylaw impedes the authority of a Participating Government to
suspend or cancel any Business Licence issued by that Government, or to
enact regulations in respect of any class of Business Licence in accordance
with Section 15 of the Community Charter and amendments thereto.
6.
MISCELLANEOUS
a)
A Participating Government may, by notice in writing to each of the other
Participating Governments, withdraw from the Inter-Community Business
Licence scheme established by this Bylaw.
Notice must:
i.
Set out the date on which the withdrawing Government 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
ii.
Include a certified copy of the Bylaw authorizing the withdrawal.
b)
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 Government.
Village of Slocan
Inter-Community Business Licence Bylaw No. 673, 2020 Page 6 of 6
7.
SEVERABILITY
If any section, paragraph or phrase in this Bylaw is for any reason held to be invalid
by a decision of a Court of competent jurisdiction, that portion shall be severed and
the remainder of this Bylaw shall continue in full force and effect.
8.
ENACTMENT
a)
This Bylaw shall come into full force and effect on January 1, 2022.
(ICBL Amendment Bylaw No. 690, Jan 10, 2022)
b)
This bylaw may be cited for all purposes as the "Village of Slocan Inter-
Community Business Licence Bylaw No. 673, 2020".
READ A FIRST TIME the 9th day of December , 2019.
READ A SECOND TIME the 9th day of December , 2019.
READ A THIRD TIME the 9th day of December , 2019.
FINALLY PASSED AND ADOPTED the 13th day of January , 2020.
___________________________
Mayor
___________________________
Chief Administrative Officer
MAYOR
CAO