Business Licence Consolidated Bylaw No. 2112

Terrace, British Columbia

This is the exact embedded text of the captured official document. Snapshot 7a013a07aa5b · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF TERRACE CONSOLIDATED FOR CONVENIENCE BYLAW NO. 2112-2016/ 2129-2017/ 2135-2017/ 2204-2020/ 2267-2022 "A BYLAW TO PROVIDE FOR THE LICENCING, REGULATING AND SETTING OF FEES FOR ALL BUSINESSES WITHIN THE CITY OF TERRACE." WHEREAS pursuant to Section 8(6) of the Community Charter, the Council of the City of Terrace may, by bylaw, regulate in relation to business; AND WHEREAS pursuant to Section 15(1) of the Community Charter, the Council of the City of Terrace may provide for a system of licences, permits or approvals; AND WHEREAS pursuant to Section 154 of the Community Charter, the Council of the City of Terrace may, by bylaw, delegate its powers, duties and functions to an officer or employee of the City, which delegation may under Section 60(4) of the Community Charter include the authority to suspend or cancel a business licence; AND WHEREAS pursuant to Section 59(2) of the Community Charter, the Council of the City of Terrace has given notice of its intention to adopt this Bylaw in accordance with Section 59(3) to provide an opportunity for persons who consider they are affected by the bylaw to make representations to Council; NOW THEREFORE the Council of the City of Terrace, in open meeting assembled, enacts as follows: 1.0 DEFINITIONS 1.1 In this Bylaw: BUSINESS means carrying on a commercial or industrial undertaking of any kind or nature or the providing of professional, personal or other services for the purpose of gain or profit, but does not include an activity carried on by the government, its agencies or government owned corporations. CITY means the Corporation of the City of Terrace. COUNCIL means the Council of the City of Terrace. City of Terrace Business Licence - 2 - Bylaw No. 2112-2016 FLOOR AREA means the total combined floor area of each story of a building, including basements and any ground area or outdoor area used for business purposes. HIGHWAY means a street, road, lane, pathway, walkway, bridge, viaduct and any other way open to public use, other than a private right-of-way on privately owned parcels. HOME OCCUPATION means a profession that is carried out in a residential dwelling unit or accessory building on a residential zoned parcel where such profession is secondary to the use of the parcel for residential purposes. LICENCE INSPECTOR means the official appointed by Council to administer this Bylaw or designee. NON-RESIDENT BUSINSESS means a business, other than a resident business, carried on in the City or with respect to which any work or service is performed in the city. NUMBER OF PEOPLE REGULARLY ENGAGED includes an individual licencee, any relatives of the licencee, managers, clerks, sales people, accountants, or drivers, or any other employees, servants, agents, or contractors of the licencee who are actually engaged in the carrying on of the business licenced or to be licenced. OFFICER IN CHARGE means the member of the Royal Canadian Mounted Police who is appointed as the Officer in Charge or designee. PARK AND PUBLIC PLACES BYLAW means the City of Terrace's most current Park and Public Places Bylaw. PARKING SPACE means a space of the size and dimensions to park one motor vehicle and does not include aisle space and other areas providing access to the parking space. PASSENGER DIRECTED VEHICLE means a commercial passenger vehicle as defined under the BC Passenger Transportation Act. PREMISES means any lands or buildings on the lands or both or any part thereof including without limitation any definite site within a building such as a room, shop or other definite area. City of Terrace Business Licence - 3 - Bylaw No. 2112-2016 RESIDENTIAL AREA means a land use in which Residential zones predominate; Residential is category of zone, building or use that provides for dwelling units for human habitation. RESIDENT BUSINESS means a business carried on in or from premises within the City. SIDEWALK means that portion of a street intended exclusively for the use of pedestrians. STREET AND TRAFFIC BYLAW means the City of Terrace's most current Street and Traffic Bylaw. TRANSPORTATION NETWORK SERVICES means the use of Passenger Directed Vehicles for the purposes defined in the Passenger Transportation Act. VENDING MACHINE means any device operated by the insertion of a slug or coin and operated manually, mechanically or electrically. ZONING BYLAW means the City of Terrace's most current Zoning Bylaw. 2.0 PROHIBITION 2.1 No person shall carry on a business within the City unless the person is the holder of a valid and subsisting business licenced issued under this Bylaw by the Licence Inspector. 3.0 CLASSIFICATION OF BUSINESSES 3.1 Businesses in the City are classified in accordance with Schedule "A" attached hereto and forming part of this Bylaw. Business classifications referred to in this Bylaw are defined in Schedule "A". 3.2 There is hereby fixed and imposed upon each business for which a licence is required under this Bylaw a business licence fee as set out in Schedule "A" attached hereto and forming part of this Bylaw. 3.3 Where a business is carried on in or from more than one premises in the City, the business carried on in or from each such premises shall be deemed a separate business. A business licence shall be required for each such business and the full licence fee shall be paid for each such business. City of Terrace Business Licence - 4 - Bylaw No. 2112-2016 Added by #2129-2017 3.4 An exception to the requirements in Section 3.3. is hereby provided for the activities of a Professional Services business, in which a person may carry out a Professional Service business on, in, or from one or more premises under a single valid business licence issued to that person. The additional location(s) of the Professional Services business activity shall be deemed as a Business Office under the regulations in this bylaw and shall require an annual licence for the Business Office use as set out in Schedule 'A" of this Bylaw. 3.5 Where a person carries on more than one business from a single premises or location, each business shall be deemed a separate business. A business licence shall be required for each such business and the full licence feel shall be paid for each such business. 4.0 APPLICATIONS FOR BUSINESS LICENCES 4.1 An application for the issuance, transfer or amendment of a business licence shall be made to the Licence Inspector. 4.2 The Licence Inspector shall have the power to grant, refuse, issue, transfer, suspend and cancel the business licence as hereinafter provided subject to the provisions of the Community Charter. Added by #2204-2020 4.3 The Licence Inspector may establish terms and conditions that must be met for obtaining, continuing to hold, or renewing a license, including conditions related to: (a) Safety and security on and about the licensed premises; (b) The protection of minors, including but not limited to conditions regarding signage and patron identification; (c) Public health and safety in relation to the licensed premises; (d) Prevention of nuisances, including but not limited to conditions intended to reduce noise, odours, and patron misconduct on and about the licensed premises; and (e) Requirements that, the opinion of the Licence Inspector, are necessary to ensure that the licensed business does not have a negative impact on the public, the neighbourhood, or other businesses in the vicinity. City of Terrace Business Licence - 5 - Bylaw No. 2112-2016 4.4 An application for the issuance, transfer or amendment of a business licence shall be signed by the owner or operator of the business or duly authorized agent, provided that in the case of partnerships or multiple owners, any one of such partners or owners may apply and sign the application and such partner or owner shall be deemed to be duly authorized by all the partners or owners of that business. 4.5 A separate application form is required for each business for which a business licence is required. 4.6 An application for the issuance, transfer or amendment of a business licence shall be made on the form supplied by the Licence Inspector, who may from time to time prepare and amend an application form including the name, location, type and extent of the proposed business and the name, address, telephone number and qualifications of the applicant. 4.7 Applicant is responsible for compliance with all provincial and federal acts and regulations governing the type of business in question. 5.0 FEES AND TERM OF BUSINESS LICENCE 5.1 Prior to the issuance of the business licence, an applicant shall pay to the Licence Inspector the licence fee for the type or classification of business to be carried on, as set out in Schedule "A" to this Bylaw. 5.2 Except as hereinafter provided, business licences shall be granted for a one year period to commence the first day of January and to terminate the 31st day of December in each and every year. 5.3 No proportionate reduction or rebate of the business licence fee shall be made on account of a person commencing to do business after January 1 or ceasing to do business before December 31 in any year, except that the business licence fee shall be reduced by one half for a person who becomes liable to be licenced after July 31 in any year. 5.4 No business licence fee or part thereof paid hereunder shall be refundable. 5.5 The period for a business licence for a theatre including drive-in theatre, amusement hall, concert hall, music hall, opera house, rink, amusement park or other place of amusement, entertainment or exhibition may be six months, three months, one month or one day. The period requested shall be by written application to the Licence Inspector. City of Terrace Business Licence - 6 - Bylaw No. 2112-2016 5.6 The period for a business licence for a circus, horse show, dog show, cat show, pony show, exhibition or other itinerant show or entertainment, when held elsewhere then in a licenced theatre or other licenced place, shall be for one day. 5.7 The period for a business licence in respect of horse racing shall be one day. 5.8 Business licence fees shall be due and payable on the first business day in January in each calendar year except for a new application for a business licence, which will be paid upon application. 6.0 RENEWAL OF BUSINESS LICENCE 6.1 It shall be incumbent upon each person to renew a business licence on the first business day of each licencing period as long as such business is being carried on. 6.2 Unless requested by the Licence Inspector, an application form is not required for the renewal of a business licence provided that the renewal follows a valid business licence from the previous licencing period, the applicant pays the applicable licence fee for the following licence period and changes have not occurred in (where applicable): .1 The mailing of business address of business; .2 The nature or classification of the business; .3 The premises in which the business is being carried out; .4 The floor or ground area used; .5 The number of people regularly engaged; .6 The number of vending or other dispensing machines or other machines, appliances or things used; or .7 The number of rental units maintained. City of Terrace Business Licence - 7 - Bylaw No. 2112-2016 7.0 TRANSFERS Amended by #2129-2017 7.1 Where a person proposes to relocate a licenced business from the premises authorized by the business licence to new premises the person shall not commence operation of the business at the new premises unless approval to transfer the licence to the new premises from the Licence Inspector has been obtained and the person has paid to the Licence Inspector a fee of $50.00 for the transfer of the licence to the new premises. The particulars of such a transfer shall be endorsed on the business licence by the Licence Inspector. Amended by #2129-2017 7.2 Where a person (the "transferor") proposes to transfer a business licence to another person (the transferee) the transferee shall not commence operation of the business unless the transferor has obtained the approval of the Licence Inspector for a transfer of the business licence to the transferee and has paid to the Licence Inspector a fee of $25.00 for the transfer of the licence to the transferee. The particulars of such a transfer shall be endorsed on the business licence by the Licence Inspector. 8.0 AMENDMENT OF BUSINESS LICENCE 8.1 In the event of any person who is the holder of a business licence making, during the currency of such licence, any change in nature, character, kind description or extent of the business carried on by the person within the City, it shall be the duty of such person forthwith to notify the Licence Inspector of such facts in writing. The Licence Inspector may require such person to make an application to amend the nature, character, kind, description or extent of the business and to take out and pay for such other, further or additional business licences as shall be applicable or required under the provisions of this Bylaw. The power of the Licence Inspector and the procedures set out in this Bylaw relating to the issuance and refusal of business licences and appeal thereon shall apply to all such applications. 9.0 ESCORT SERVICES Every person carrying on or operating the business of an escort service as defined in Schedule "A" shall: City of Terrace Business Licence - 8 - Bylaw No. 2112-2016 .1 Upon request supply to the Licence Inspector the name and age and proof of identification of any person engaged or proposed to be engaged in the said business; and .2 Notify the Licence Inspector within 48 hours of any change in the personnel engaged in the said business. 10.0 FOOD PREPARATION BUSINESS 10.1 Upon receipt of an application for a food preparation business as defined in Schedule "A", the Licence Inspector shall request from the applicant a copy of a health report from the local Environmental Health Officer having jurisdiction in the City in respect of the premises where the food preparation business is to be operated. No business licence shall be granted by the Licence Inspector to a food preparation business until a report from the local Environmental Health Officer approving of the premises for the operation of the food preparation business has been received. 11.0 SUBCONTRACTORS 11.1 No person shall, without supplying to the Licence Inspector trade certification according to the Industry Training Authority Act, SBC 2003, c.34, s. 23, carry on the business of a subcontractor as defined in Schedule "A" in the following designated trades: .1 Automotive Collision Repair Technician; .2 Automotive Painting and Refinishing Technician; .3 Automotive Service Technician; .4 Electrician; .5 Powerline Technician; .6 Plumber; .7 Refrigeration Mechanic; .8 Roofer; .9 Sheet Metal Mechanic; .10 Sprinkler System Installer; and .11 Steamfitter/Pipefitter. City of Terrace Business Licence - 9 - Bylaw No. 2112-2016 12.0 SECOND HAND STORES 12.1 In this Section, "second hand dealer" includes every person whose primary business is the carrying on the trade or business of purchasing or selling used or second hand goods, or who keeps a store, shop or other place of business for the purpose of carrying on such trade or business. 12.2 Every second hand dealer shall keep a record of all used or second hand goods purchased, taken in barter or received. Such records shall set out: .1 An accurate and detailed description of the goods, .2 The time and date such goods were received, and .3 The name and address of the person from whom the goods were received. 12.3 Such records shall at all reasonable times during business hours be produced for the inspection by the Officer in Charge having jurisdiction in the City of Terrace or any person authorized to make such inspection on his or her behalf. 12.4 No such second hand dealer shall permit any entry or record made in accordance with this Bylaw to be erased, obliterated or defaced, nor shall the second hand dealer permit all or any part of such record to be cut out or removed. 12.5 Every second hand dealer shall notify the Officer in Charge having jurisdiction in the City of Terrace within 24 hours after purchasing, taking or receiving used or second goods, the following information with respect to such goods: .1 A detailed description of such goods, including any descriptive mark or name on any such goods, .2 The time and date that such goods were received by the second hand dealer, and .3 The name and address of the person from whom such goods were received. 12.6 A second hand dealer must not alter the form of, or sell, exchange or otherwise dispose of, any used or second hand goods purchased, taken in barter or received for a period of 72 hours after the hour that such good was purchased, taken or received. 12.7 The record required to be maintained under paragraph 2 herein shall be maintained with respect to each used or second hand good purchased, taken City of Terrace Business Licence - 10 - Bylaw No. 2112-2016 or received by a second hand dealer, from the date that such good was purchased, taken or received by the second hand dealer until at least 30 days after such good has been sold, exchanged or otherwise disposed of by the second hand dealer. 13.0 PAWN BROKERS 13.1 All persons taking goods and chattels in pawn shall notify the Officer in Charge having jurisdiction in the City of Terrace within twenty-four (24) hours after a pawner has delivered an article for pawn to a pawn broker. The Pawn Broker shall not alter the form of, sell, exchange or otherwise dispose of those goods within seventy-two (72) hours after the hour of taking or receiving. 14.0 HOME OCCUPATIONS 14.1 Every person carrying on a business as a home occupation in the City of Terrace must conduct their business in accordance with the Home Occupation requirements of the Zoning Bylaw. 15.0 FARMERS' MARKET 15.1 In addition to obtaining a Facility Use Permit with the City, a farmers' market operating under auspices of the Skeena Valley Farmers' Market Association must obtain a business licence with the City and must obtain a minimum of $3 million liability insurance (showing the City of Terrace as a co-insured party), that will cover all Street Vendors, Mobile Food Vendors, and any other business or commercial venture participating in the market. 16.0 STREET VENDOR, MOBILE FOOD VENDOR AND MOBILE NON-PREP FOOD VENDOR Amended by #2135-2017 16.1 Street Vendors, Mobile Food Vendors, and Mobile Non-Prep Food Vendors must be in compliance with all City, Provincial and Federal enforcement regulation regarding safety and sanitary requirements and vehicle use on Highways. City of Terrace Business Licence - 11 - Bylaw No. 2112-2016 Amended by #2135-2017 16.2 The City of Terrace is not liable for any damage or injury caused by any person carrying on a business as a Street Vendor, Mobile Food Vendor, or Mobile Non-Prep Food Vendor. Amended by #2135-2017 16.3 Every person carrying on a Street Vendor, Mobile Food Vendor, and/or Mobile Non-Prep Food Vendor in the City of Terrace must adhere to the following regulations as applicable to their use: .1 Permit Requirements Amended by #2135-2017 Prior to obtaining a business licence with the City, the applicant for a Street Vendor, Mobile Food Vendor, or Mobile Non-Prep Food Vendor business, as defined in Schedule "A", must provide the Licence Inspector with the following: a. $3 million liability insurance showing the City of Terrace as a co-insured party, a copy of which is to be kept on file at the City; b. Health Permit approval from the local Environmental Health Officer (if preparing and serving food or beverages), a copy of which is to be kept on file at the City; and c. BC Safety Authority approval from the local Gas Safety Officer (if installed with appliances or equipment operated by propane in the vapour state). .2 Designated Sites Amended by #2135-2017 a. Street Vendors, Mobile Food Vendors, and Mobile Non-Prep Food Vendors are prohibited to operate: i. In a Residential Area; Amended by #2135-2017 ii. Except for Mobile Non-Prep Food Vendor, Thirty (30) metres from the front or main entrance of a Food Preparation Business, as defined in Schedule "A", or business engaged in the sale of similar goods; City of Terrace Business Licence - 12 - Bylaw No. 2112-2016 Amended by #2135-2017 iii. Except for Mobile Non-Prep Food Vendor, One-hundred (100) metres from the parcel line of an elementary school, secondary school, or post-secondary institution; and iv. Sixty (60) metres from Market Street and George Little Park during the operation of the Skeena Valley Farmers' Market. Amended by #2135-2017 b. In accordance with prohibitions under Section 16.3.2.a, Street Vendors, Mobile Food Vendors, and Mobile Non-Prep Food Vendors are permitted to operate in following designated sites: i. Street Vendors are permitted to operate on any Sidewalk within the City of Terrace municipal boundary, provided that: A. Placement of the cart, stand or kiosk maintains a minimum of 1.5 metres of clear Sidewalk space; B. Pedestrian mobility is not obstructed in any way; and C. The cart, stand or kiosk is not parked and operated greater than four (4) hours consecutively in any one location. ii. Mobile Food Vendors are permitted to operate on any on-street, curbside or parking space location within the City of Terrace municipal boundary, provided that: A. Pedestrian, bicycle, and vehicle mobility is not obstructed in any way; B. The vehicle or trailer is not parked and operated greater than four (4) hours consecutively in any one location; C. The vehicle or trailer is not operated longer than two (2) consecutive days per week in any one location; and D. The vehicle or trailer is not parked overnight. City of Terrace Business Licence - 13 - Bylaw No. 2112-2016 Amended by #2135-2017 iii. Street Vendors and Mobile Food Vendors may operate on private property where restaurant use is permitted as per Zoning Bylaw provided that they have obtained permission and provided the City with a Letter of Consent from the property owner(s), a copy of which is to be kept on file at the City of Terrace. Street Vendors, Mobile Non-Prep Food Vendors and Mobile Food Vendors are permitted to be parked and operated for eight (8) consecutive hours. Overnight parking is prohibited. Mobile Non-Prep Food Vendor may operate on any private property provided that they have obtained permission and provided the City with a Letter of Consent from the property owner(s), a copy of which is to be kept on file at the City of Terrace. iv. In accordance with the Parks and Public Places Bylaw, it is unlawful for any person(s), business, corporation, or other body to conduct any business or commercial venture in any park, unless the following is adhered to: Amended by #2135-2017 A. Street Vendors, Mobile Food Vendors, and Mobile Non-Prep Food Vendors associated with a special event, festival, or other community activity that has obtained a Facility Use Permit may operate within a park provided that they have obtained written permission from the organiser of such event, festival, or other community activity. Without written permission, a Street Vendor or Mobile Food Vendor must not operate within one- hundred (100) metres from the park associated with such event, festival, or community activity. Amended by #21352017 B. If a Street Vendor, Mobile Food Vendor and/or Mobile Non-Prep Food Vendor has obtained Health Permit and BC Safety Authority approval and permission from the organiser of such event, festival, or other community activity, a business licence is not required provided that they must only operate during the reserved times and locations of the event, festival, or other City of Terrace Business Licence - 14 - Bylaw No. 2112-2016 community activity for which the Facility Use Permit pertains to. v. Subject to Section 16.3.2.b.ii, two (2) Mobile Food Vendors are permitted to operate at Ferry Island and Fisherman's Memorial Park without Facility Use Permit permission, provided that: A. The vehicle or trailer is entirely self-contained, meaning that the Mobile Food Vendor must supply its own power and water source; and B. The Mobile Food Vendor must only be parked and operated at the locations specified in Schedule "B" between the times of 6:00 a.m. and 10:00 p.m., on any day. vi. Subject to Section 16.3.2.b.ii, two (2) Mobile Food Vendors are permitted to operate without Facility Use Permit permission at George Little Park and are permitted to park perpendicular to the associated parking spaces, provided that: A. No event, festival, or community activity has reserved the park; B. The vehicle or trailer is entirely self-contained, meaning that the Mobile Food Vendor must supply its own power and water source; and C. The Mobile Food Vendor must only be parked and operated at the locations specified in Schedule "B" between the times of 10:00 a.m. and 6:00 p.m., on any day. Amended by #2135-2017 .3 Design Requirements Street Vendors, Mobile Food Vendors, and Mobile Non-Prep Food Vendors must adhere to the following design requirements: a. The vehicle, trailer, cart, stand or kiosk must appropriately represent the food products or merchandise being sold. City of Terrace Business Licence - 15 - Bylaw No. 2112-2016 b. A Mobile Food Vending unit, except a Mobile Non-Prep Food Vendor, must not exceed the length of 14.6 metres (including the vehicle towing the unit, if applicable). If there is a vehicle towing the unit and the Mobile Food Vending unit is longer than 14.6 metres, the vehicle towing the unit must unhitch and relocate elsewhere. c. A waste and recycling receptacle must be provided for customers. Street Vendors, Mobile Food Vendors, and Mobile Non-Prep Food Vendors should consider providing compostable takeaway products to encourage zero waste and should have at least one bin for each waste stream: garbage, recycling, and organics. d. Other than providing a waste receptacle for public use, accessory equipment placed on a Sidewalk, Parking Space, or Highway is prohibited. Amended by #2135-2017 e. The vehicle, trailer, cart, stand or kiosk should be entirely self- contained. Items such as propane tanks, generators, and other similar equipment shall be attached to, or enclosed within the unit. f. External power, piping, or plumbing is prohibited. g. The vehicle, trailer, cart, stand or kiosk must incorporate appropriate lighting and/or reflectors to ensure visibility at all times of the day. h. Any grease, oil, or any other waste generated from food preparation must be collected and deposited in a manner approved by the Licence Inspector and local Environmental Health Officer and must not be deposited into the municipal storm, sanitary, or water main. .4 Additional Requirements Amended by #2135-2017 Street Vendors, Mobile Food Vendors, and Mobile Non-Prep Food Vendors must: a. Ensure compliance with all Workers' Compensation Board (WCB) regulations; City of Terrace Business Licence - 16 - Bylaw No. 2112-2016 b. Display the business licence in a conspicuous place on the vehicle, trailer, cart, stand or kiosk; c. Only serve food and/or beverages approved by the local Environmental Health Officer or sell merchandise that is hand- crafted. Commercially-produced merchandise or alterations to merchandise is prohibited; d. Not cause noise or odours that create a nuisance, cause a fire hazard or electrical interference; e. Maintain a clean street and remove any refuse left behind as a result of operating; f. Only serve the public while fully stopped in a designated area; and g. Not leave the vehicle, trailer, cart, stand or kiosk unattended. 17.0 MERCHANT SIDEWALK SALES 17.1 Every person carrying on a business in the City of Terrace wishing to hold merchant sidewalk sales relating to that business must adhere to the following conditions: .1 Operate only in the area directly in front of their licenced business premises; .2 Provide a $3 million dollar liability insurance showing the City as a co- insured party, a copy of which is to be kept on file at the City of Terrace; .3 Merchants must maintain a clean street and remove any refuse left behind as a result of operating; .4 If food products are being sold, Merchants must ensure the requirements of the local Environmental Health Officer are met; .5 Merchants must incorporate appropriate lighting and/or reflectors to ensure visibility at all times of the day; City of Terrace Business Licence - 17 - Bylaw No. 2112-2016 .6 Merchants must not cause noise or odours that create a nuisance, cause a fire hazard or electrical interference; and .7 Merchants must maintain a minimum of 1.5 metres of clear Sidewalk space and must not obstruct pedestrian mobility in any way. Added by #2135-2017 18.0 MOBILE FIREWORKS SALES 18.1 Sale of Fireworks Sales of fireworks should comply with all regulations set out under the "Terrace Fire Prevention Bylaw No. 1365-1994" as well as the "City of Terrace Nuisance bylaw 1318-1993/1640-1998" 18.2 Permitted Locations for Sale of Fireworks Fireworks retailers may operate on commercial zones: C1, C1-A, C2, C3, and C7 provided that they have obtained permission and provided the City with a Letter of Consent from the property owner(s), a copy of which is to be kept on file at the City of Terrace. 19.0 NON-MOTORIZED TRANSPORTATION BUSINESS 19.0 Any person carrying on a business involving the use of non-motorized transportation within the City of Terrace must adhere to the following conditions: .1 Compliance with all street and traffic signage and rules of the road governing safe operation of a vehicle, buggy or cart. .2 Staging areas for the collection of passengers or chattels must be approved in writing by the City of Terrace. .3 Liability insurance in the minimum amount of $3 million dollars with the City of Terrace named as co-insured must be obtained and submitted to the City of Terrace Licencing Department at time of application. .4 Any and all passengers must have adequate seating with appropriate restraints. City of Terrace Business Licence - 18 - Bylaw No. 2112-2016 .5 Routes to be travelled by non-motorized vehicle, buggy or cart for business use must be pre-approved in writing by the City of Terrace. Travel along these routes will have to be adjusted to suit any road closures or City sanctioned parades and events. Alternative routes must be approved in writing by the City of Terrace. .6 Animal drawn services must provide for immediate removal of excrement from City streets and right-of-ways. 20.0 DISPLAY OF BUSINESS LICENCE 20.1 Every person who has been issued a business licence in respect of a resident business shall at all times keep the business licence, or a legible copy thereof, prominently displayed in a conspicuous location on the premises at which such person is carrying on the business. 20.2 Every person who has been issued a business licence in respect of a non- resident business shall at all times keep the business licence, or a legible copy thereof prominently displayed in a conspicuous location at any and all locations within the City at which such person is carrying on the business. 21.0 TRANSPORTATION NETWORK SERVICES 21.1 No business license shall be issued by the License Inspector for a Transportation Network Service unless the business has an approval for operating in the Region 5 (North Central and Other Regions) from the Passenger Transportation Board. 21.2 An additional fee, as identified by Schedule "A", Part II (License Fee Tables) must be paid by every driver operating under the authority of a Transportation Network Service's Business License. 21.3 All licensing and operating requirements identified under the Passenger Transportation Safety Act must be met for every vehicle and driver operating under the authority of a Transportation Network Service's Business License. Added by #2204-2020 City of Terrace Business Licence - 19 - Bylaw No. 2112-2016 22.0 TERMINATION OF BUSINESS 22.1 Every person who ceases to carry on a business licenced under this Bylaw shall, upon termination of the business, notify the Licence Inspector in writing that the business licence is no longer required and shall surrender the said licence to the Licence Inspector. Added by #2129-2017 22.2 When a person terminates a business licence and subsequently re-activates the same business within the same calendar year, they shall pay to the Licence Inspector a fee of $100 in addition to the applicable licence fee. 23.0 SUSPENSION OF BUSINESS LICENCE 23.1 The Licence Inspector may suspend any business licence for any period of time, as determined, if the holder of the business licence: .1 Is convicted of an offence indictable in Canada; .2 Is convicted of an offence under any Bylaw of the City or a statute of the Province of British Columbia in respect of the business for which the person is licenced or with respect to the premises named in such persons business licence; .3 Has, in the opinion of the Licence Inspector, been guilty of such gross misconduct in respect of the business or with respect to the premises named in the persons business licence that it warrants the suspension of such persons licence; .4 Has ceased to meet the lawful requirements to carry on the business for which the person is licenced or with respect to the premises named in such persons business licence; or .5 Has, in the opinion of the Licence Inspector: a. Conducted such business in a manner, b. Performed a service in a manner, or c. Sold, offered for sale, displayed for sale or distributed to a person actually or apparently under the age of sixteen (16) years, anything that may be harmful or dangerous to the health or safety or a person actually or apparently under the age of sixteen (16) years. 23.2 The suspension of a business licence by the Licence Inspector shall be made in writing, signed by the Licence Inspector and served personally on the person holding such licence or delivered by registered mail to City of Terrace Business Licence - 20 - Bylaw No. 2112-2016 the address given by the licencee on the application for business licence at the premises named in the business licence. 23.3 The Licence Inspector shall, immediately following the suspension of any business licence, advise Council in writing of the particulars of the said suspension. 23.4 No person shall carry on a business for which a licence is required under this Bylaw during the period of suspension of such business licence. 24.0 REVOCATION OF A BUSINESS LICENCE 24.1 Council may revoke a business licence for reasonable cause after giving notice to the licencee and after giving the person an opportunity to be heard. 24.2 The notice and opportunity to be heard is not required for a licencee who by reasonable efforts cannot be found. 25.0 APPEAL 25.1 Any person may appeal to Council a. Whose licence has been suspended, b. Who has applied for, but who has been refused a licence by the Licence Inspector, c. Who has applied for a transfer or an amendment of a issued business licence, but whose application has been refused by the Licence Inspector, or d. Who wishes to appeal the classification of a business licence as given by the Licence Inspector. 25.2 Unless otherwise provided by the Local Government Act or Community Charter, all appeals to Council in accordance with Section 23.1 shall be commenced within thirty (30) days from the date of the commission or omission of the act complained of by delivering within the time limits as aforesaid a notice of appeal in writing to the Clerk of the City. The notice of City of Terrace Business Licence - 21 - Bylaw No. 2112-2016 appeal shall state in a concise manner the grounds upon which the appeal is made. 25.3 The Council shall hear the appeal at a meeting of the Council to be held no later than thirty (30) days after the receipt of the notice of appeal in accordance with Section 23.2 and shall afford the appellant a full hearing upon the appeal. The appellant shall be entitled to be present in person and to be represented by Counsel. 25.4 The decision of the Council on an appeal shall be reached by a majority vote of all the members present at such meeting. Where the votes of the members of Council then present are equal for and against the appeal, the appeal shall be negatived and it shall be the duty of the member presiding to so declare. The decision of the Council on such appeal, or where such appeal is negatived, shall be communicated in writing to the appellant. 26.0 RECORDS 26.1 The Licence Inspector shall keep and maintain records for a period of seven (7) years of: .1 Any application for the issuance, transfer or amendment of a business licence and any action taken in respect of such application; .2 Any violation of this Bylaw which comes to the attention of the Licence Inspector and any action taken in respect of such violation; .3 Any revocation or suspension of a business licence; .4 Any appeal commenced under Section 23 of this Bylaw; .5 Any enforcement proceedings taken against any person licenced. 26.2 All records kept and maintained by the Licence Inspector in accordance with Section 24.1 shall be public records and shall be open to inspection during municipal office hours to any person, provided that this provision shall not apply to internal notes or memoranda prepared by members of the business licence branch or to any documents which are not required to be kept as public records pursuant to Section 24.1. 27.0 ENFORCEMENT, OFFENCES AND PENALTIES City of Terrace Business Licence - 22 - Bylaw No. 2112-2016 27.1 The Licence Inspector may at any reasonable time enter upon any property which is subject to this Bylaw for the purpose of ascertaining whether the provisions of this Bylaw are being complied with. No person shall prevent or obstruct the Licence Inspector from carrying out such an inspection. 27.2 Every person required to be licenced under this Bylaw and every person in charge of a business requiring a licence shall on demand of the Licence Inspector produce and show to the Licence Inspector the business licence the person is required to hold or give satisfactory proof that such business licence has been obtained. 27.3 Any person who carries on a business for which a business licence is required pursuant to this Bylaw without holding a valid and subsisting licence for the business is guilty of an offence and is punishable upon summary conviction thereof. 27.4 Notwithstanding anything herein contained, the amount of any and every business licence fee payable by any person pursuant to the provisions of this Bylaw shall be a debt due by that person to the City, which shall be recoverable together with any costs in any court of competent jurisdiction. 27.5 Where a cheque or other negotiable instrument that is tendered in payment for the fee or fees for any business licence issued under this Bylaw is subsequently dishonoured upon presentation to the drawee, the business licence so issued shall thereupon become null and void. Amended by #2204-2020 27.6 This Bylaw may be enforced by means of a municipal ticketing information system. Every person who contravenes any provision of this Bylaw or applicable Federal and Provincial Laws or Orders commits an offence and shall be liable on summary conviction to a fine of not less than one hundred dollars ($100) and not more than ten thousand dollars ($10,000) and the cost of prosecution. 28.0 SEVERABILITY 28.1 If any section, subsection, or clause in this Bylaw is held to be invalid by a court of competent jurisdiction, then that invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have been adopted without the invalid and severed section, subsection or clause. City of Terrace Business Licence - 23 - Bylaw No. 2112-2016 29.0 REPEAL 29.1 This Bylaw repeals the City of Terrace Business Licence Bylaw No. 1227 - 1990 and all its amendments thereto. 30.0 COMING INTO FORCE 30.1 This Bylaw shall come into force upon the date of adoption. 40.0 CITATION 40.1 This Bylaw shall be cited as the "City of Terrace Business Licence Bylaw No. 2112 - 2016." READ a first time this 24th day of May , 2016. READ a second time this 24th day of May, 2016. READ a third time this 11th day of July , 2016. ADOPTED this 25th day of July, 2016. Mayor Clerk City of Terrace Business Licence - 24 - Bylaw No. 2112-2016 SCHEDULE "A" The fee specified opposite each of the businesses classifications listed in Part II below is the fee payable by a person for a business licence for the carrying on of such business for a period of twelve (12) months commencing the first day of January and to terminate the 31st day of December in each and every year, unless otherwise stated. The licence fee is calculated in accordance with Part I below. PART I - LICENCE FEE TABLES TABLE 1 NUMBER OF PEOPLE REGULARLY ENGAGED: ANNUAL LICENCE FEE: 1 to 2 people $79.00 3 to 5 people $105.00 6 to 10 people $158.00 11 to 20 people $263.00 20 plus $341.00 TABLE 2 FLOOR AREA USED: ANNUAL LICENCE FEE: up to 25 m² (269 ft²) $79.00 each additional 25 m² (269 ft²) or portion thereof $ 5.00 TABLE 3 FLOOR AREA USED: ANNUAL LICENCE FEE: up to 500 m² (5382 ft²) $110.00 each additional 100 m² (1076.4 ft²) or portion thereof $ 16.00 TABLE 4 A fee of $158.00 per person for each natural person practising, following, engaging or carrying on a profession as defined in this bylaw. TABLE 5 A fee of $68.00 for each classification of business that is classified as a home based business except for those businesses under Section 58 of Schedule "A". Repealed & Replaced by #2267-2022 City of Terrace Business Licence - 25 - Bylaw No. 2112-2016 PART II - BUSINESS CLASSIFICATIONS AND LICENCE FEES BUSINESS CLASSIFICATION LICENCE FEE 1. Agent: a person who acts for or in place of another person by authority from him to do business within the City and who charges or receives a commission for so doing. A basic fee of the $158.00 plus $16.00 per person 2. Apartment Building, rental lodging, boarding: the business of renting or letting individual rooms, suites, manufactured or mobile homes in a manufactured or mobile home park, or lodging for hire in an apartment building, rooming or boarding house. First rental unit: $28.00; each additional unit: $8.00 3. Appliance Repairs: the business of repairing electrical and mechanical appliances. Table 1 4. Automobile Parking: any premises for the storing of automobiles, but does not include vehicle wrecking yards. Table 3 5. Automobile Rental: the business of renting motor vehicles, recreational or boats. A basic fee of $58.00 plus $5.00 per unit 6. Automobile Service Station or Garage or Cardlock $21.00 per fuel hose outlet 7. Automobile Repairs: the business of motor vehicle, recreational vehicle or boating service, repairs and/or painting. Table 1 8. Automotive Dealer: the business of selling used or new motor vehicles, recreational vehicles and boats, and the service of those items sold. $210.00 per year 9. Bakery Table 1 10. Bank: the business to which the Bank Act (Canada), SC 1991, c. 46, applies. $400.00 plus $16.00 per person 11. Banking Machines: the business of banking from banking machines not adjacent to or incorporated into the premises of a financial institution. $105.00 per machine or group of machines in one location 12. Barber/Beauty Care Salon/Manicurist Table 1 13. Beer and Wine Store Table 2 14. Books Agent: the business of selling or offering for sale books, magazines or other periodicals by canvassing from house to house or place to place within the City. Table 1 Repealed & Replaced by #2267-2022 City of Terrace Business Licence - 26 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE 15. Bowling Alley: including any bowling alley providing the sale or rental of bowling equipment together with or without a lunch counter or snack bar. A basic fee of $58.00 plus $11.00 per alley 16. Bulk Oil/Gasoline Plant Table 3 17. Business Office Table 1 18. Carwash Table 2 19. Catering Service: the providing of food and service on a contract basis off the premises at which the licencee is licensed to carry on business Table 1 20. Circus or Carnival: means a travelling or periodical enterprise offering amusements in the form of mechanical rides or games of skill or chance and variety shows. $21.00 per ride per day, per concession, per booth 21. Community Care Facility/Hospital: any facility coming under this definition in the Community Care and Assisted Living Act, SBC 2002, c.75, or the business of private hospital, nursing home, rest home or boarding home whether or not board or meals are supplied to the occupants thereof. A basic fee of $21.00 plus $5.00 per bed or licensed space 22. Convenience Store: - Open less than 18 hours per day; - Open in excess of 18 hours per day. Table 2 Double the fee set out in Table 2 23. Crematorium/Funeral Home/Mortician: the business of providing or furnishing funeral supplies and services to the public and includes the preparation of dead bodies for internment or cremation. Table 1 24. Data Processing/Computer Programming Table 1 25. Drycleaners or Laundry Plant or Call Office Table 1 26. Electronic Sales and Service: the business of selling radios, televisions, computers and other electronic equipment and the servicing of the equipment sold. Table 1 27. Entertainment Hall Table 3 28. Equipment Sales: the business of selling used or $210.00 per year City of Terrace Business Licence - 27 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE new equipment which shall include farm, mining, paving, logging or construction vehicles and equipment. 29. Escort Service: the business of providing or furnishing male or female escorts or partners for social occasions. $788.00 plus $11.00 per person 30. Exhibition: the showing of wares, goods, products, services or entertainment. Table 1 31. Express Transportation Service: means the business of transporting parcels, commodities or finished goods. - With storage facilities for hire - Without storage facilities for hire. Table 3 plus Table 1 Table 1 32. Financial Institution: any business to which the Financial Institutions Act, RSBC 1995, c. 141, applies, and any investment, loan or mortgage agency, society or a company. Table 1 33. Food Preparation Business: any premises where primarily food is prepared and served to the public and includes a restaurant, dining room, cabaret, lunch counter, tea room or coffee shop. A basic fee of $58.00 plus $2.00 per seat and per parking space (if the food service is provided to persons in motor vehicles) 34. General Contractor: a person who undertakes to execute a work of construction, either on their own behalf or by agreement with other persons, and who in the course of such work employs or oversees more than two of the distinct class of subcontractors as defined in this bylaw at any one time, or whose business includes more than one distinct class of subcontractors as defined in this bylaw. $236.00 35. General Contractor - Residential: person who undertakes to execute a work of construction on a single family dwelling who either on their own behalf where they construct more than one house per year, or by an agreement with others, and who in the course of such work employs or oversees more than two of the distinct class of $126.00 City of Terrace Business Licence - 28 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE subcontractors as defined in this bylaw, or whose business includes more than one distinct class of subcontractors as defined in this bylaw. 36. Health/Fitness Centre: the business of providing services or premises for the purpose of promoting health and fitness, and shall include tanning studios, spas, gyms and aerobics fitness centres. Table 2 37. Home and Garden Service: the business of garden services including lawn mowing, rototilling, rotovating, maintenance gardening and clean-up services of buildings. Also includes gutter & downspout cleaning and septic cleaning. Table 1 38. Home Based Business: means any occupation or profession carried out in a dwelling unit or an accessory building by the family which is permanently resident in the dwelling unit, where such occupation or profession is clearly incidental or secondary to the use of the dwelling unit for residential purposes. Table 5 39. Hotel or Motel: any building containing not less than three units being either sleeping or dwelling units, or a temporary abode for tourists or transients. $26.00 basic fee plus $8.00 per rental unit 40. Insurance Agent/Broker/Adjuster Table 1 41. Janitorial: the business of providing services pertaining to the cleaning of commercial or residential premises, and includes pest control and sanitation services. Table 1 42. Kennel/Commercial: a place for the keeping, training, care, breeding, treatment, hospitalization or boarding of two but not more than five dogs. A basic fee of $79.00 plus $16.00 per 100m² of floor area to a maximum fee of $2,000.00 43. Kennel/Hobby: a place for the keeping, training, care, breeding, treatment, hospitalization or boarding of two but not more than five dogs. $79.00 44. Liquor Outlet: the business of providing and serving primarily alcohol to the public including a pub or lounge. A basic fee of $84.00 plus $2.00 per seat City of Terrace Business Licence - 29 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE 45. Mail Order Supply: (not including agent) Table 1 46. Manufacturer/Primary: the business of making a product from raw materials, including petroleum and gas refineries, flour mills, meat and fish packaging plants, breweries and winery. $58.00 basic fee plus $6.00 per 1000m² 47. Manufacturer/Secondary: the business of making a product from those products made by primary manufacturers, including asphalt and concrete batching plants. $58.00 basic fee plus $6.00 per 1000m² 48. Street Vendor: a non-motorized, mobile cart, stand or kiosk, where hand-crafted merchandise or food and/or beverages is prepared and served directly to the public, and operates only on private property or at approved sidewalk locations. $263.00 per year (fee charged per unit) 49. Mobile Food Vendor: a motorized vehicle or trailer operating only when parked on private property or at approved on-street, curbside and parking space locations, where food and/or beverages is prepared and served directly to the public. $525.00 per year (fee charged per unit) 50. Mobile Non-Prep Food Vendor: a motorized vehicle only serving fresh food that is not prepared or processed. i.e. fruit trucks, fresh seafood or meat and eggs. A Mobile Non-Prep Food Vendor is only permitted on private property unless partaking in a special event, festival, or other community activity in which case they are permitted in a park. $263.00 per year or a 30-day license (consecutive 30 day period) for $131.00 51. Firework Retailer: a retailer selling fireworks as defined by the Terrace Fire Prevention Bylaw No. 1365-1994, either in a permitted storefront location or from a motorized vehicle on a permitted private property. A 30-day license (consecutive 30 day period) of $131.00 52. Office or Commercial Space Rental: any premises for the rental of offices warehouses, suites or rooms for commercial purposes. A basic fee of $26.00 plus $7.00 per 100m² of floor area 53. Pawnbroker and Second Hand Store: the business of purchasing, taking and bartering or receiving used or second hand goods for resale Table 2 City of Terrace Business Licence - 30 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE purposes or loaning money against goods or chattels, including junkyards. 54. Photo and Art Studio: the business of providing photographic portrait services including art renderings, etchings and sketchings. Table 1 55. Photofinishing Service: the business of developing film, but shall exclude film drop off centres where the processing of film is not completed on the premises. Table 1 56. Pool/Billiard/Shuffleboard Hall: together with or without refreshment stands. A basic fee of $58.00 plus $11.00 per table 57. Printing/Lithography/Duplicating/Binding Table 3 58. Printer/Publisher A basic fee of $105.00 plus $26.00 per 100m² of floor area 59. Private School: including kindergarten or daycare. A basic fee of $32.00 plus $2.00 per license space 60. Professional Services: any person practising, following, engaging or carrying on the following professions, callings or occupations in a place of business within the City: - Accountant - Lawyer - Appraiser - Medical Specialist - Architect - Naturopath - Auctioneer - Notary Public - Chiropractor - Optician - Dental Mechanic - Optometrist - Dental Surgeon - Osteopath - Dentist - Physician/Surgeon - Engineer - Physiotherapist - Forester - Veterinarian - Land Surveyor Any person practising, following, engaging or carrying on the following professions, callings or occupations or others not elsewhere defined in a place of business within the City: Table 4 City of Terrace Business Licence - 31 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE - Bookkeeper - Mental Healer - Consultant - Miscellaneous - Faith Healer - Public Relations Agent - Draftsperson - Health Care Specialist - Practical Nurse - Promoters - Masseur - Forestry Consultant - Registered Nurse - Outfitter/Guide - Technical Specialist - Professional Instructor - Designer - Locksmith - Collection Agency - Medical Laboratory - Professional Service - Commercial or Residential Artist - Other Healers of Human Diseases - Income Tax Preparer Table 1 61. Public Market: any building or premises containing stalls, tables, spaces, divisions or compartments individually rented, occupied or operated for the purpose of displaying or selling merchandise. Table 2 62. Radio and TV Broadcasting $473.00 63. Real Estate Office Table 1 64. Recycling Material: recycling material shall include bottles, papers and items of similar nature, but shall not include metal, raw material or manufacturing materials. A person who holds a license under another section and who is carrying on the business of recycling material at the premises shall not also be required to hold a licence under this section. Table 3 65. Refuse and Garbage Collection Table 1 66. Rental or Lease Agency: the business of renting or leasing goods, wares, merchandise, or other equipment. Table 2 67. Repair Service Table 1 68. Retail Business: any premises used for the purpose of selling goods, wares and merchandise to the public for personal or household use. Table 2 69. Sharpening: the business of sharpening saws, Table 1 City of Terrace Business Licence - 32 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE lawn mowers and other tools or equipment. 70. Subcontractor: means any person carrying out the business of not more than 2 of the following classes: (refer to Section 11.1) (a) concrete, masonry, stucco; (b) drywall, t-bar; (c) electrical, communications; (d) excavating, earth moving, landscaping, trucking, heavy equipment; (e) flooring, painting, interior finishing; (f) framing, siding; (g) glazing, millwork; (h) heating and ventilation; (i) iron and steel works, reinforcing, welding; (j) paving; (k) plumbing, pipe fitting; (l) refrigeration, air-conditioning; (m) roofing, sheet metal; (n) steam fitting; (o) sprinkler fitting; (p) damp and water proofing. $126.00 71. Subcontractor/Tradesman - Retail: includes any subcontractor listed under item 68 above, who also conducts retail sales of the product or category the person is classified under as an incidental accessory to their subcontracting business. $158.00 72. Taxi Service: the business of picking up and discharging passengers within the City. Table 1 73. Telephone Soliciting: shall mean the business of offering merchandise or services for sale by telephone. Table 1 74. Theatre: any premises used for the showing of theatrical, operatic, vaudeville or moving pictures performances. $58.00 plus $1.00per seat 75. Towing of Motor Vehicles: (a) With storage: $315.00 for the first 2000m² plus $9.00 for each additional 100m² City of Terrace Business Licence - 33 - Bylaw No. 2112-2016 BUSINESS CLASSIFICATION LICENCE FEE (b) Without storage: (customers parking exempt) Table 1 76. Trailer Court: any premises used to accommodate mobile homes, recreational vehicles or campers. A basic fee of $21.00 plus $11.00 per pad 77. Travel Agency Table 1 78. Transportation Network Services means a business that uses Passenger Directed Vehicles for purposes defined in the Passenger Transportation Act. $263 for each business $79 for each driver operating as a driver under a TNS. 79. Unclassified: any business not elsewhere defined in this bylaw. - Service Industry - Retail Industry Table 1 Table 2 80. Utility: including telephone company, electric company, waterworks company or gas company. $473.00 81. Vending Machine Agency: the business of renting, leasing, selling or otherwise placing vending machines in any premises. $58.00 plus $6.00 per machine 82. Warehouse: any premises used for the storage of goods, commodities, wares or merchandise. Table 3 83. Wholesale: the business of selling goods, commodities, wares or merchandise to other businesses for resale or for use in their business. Table 3 City of Terrace Business Licence - 34 - Bylaw No. 2112-2016 SCHEDULE "B" MOBILE FOOD VENDOR - PERMITTED PARK LOCATIONS GEORGE LITTLE PARK 2 Mobile Food Vendors are permitted between 10:00 a.m. and 6:00 p.m., on any day, provided that the park has not been reserved by an event. Permitted to park perpendicular to parking spaces labelled #17 - #26 and #28 - #37. Permitted Mobile Food Vending parking and operating area City of Terrace Business Licence - 35 - Bylaw No. 2112-2016 FERRY ISLAND, parking overflow area 2 Mobile Food Vendors permitted between 6:00 a.m. and 10:00 p.m., on any day. Permitted Mobile Food Vending parking and operating area City of Terrace Business Licence - 36 - Bylaw No. 2112-2016 FISHERMAN'S MEMORIAL PARK, parking entrance 2 Mobile Food Vendors permitted between 6:00 a.m. and 10:00 p.m., on any day. Permitted Mobile Food Vending parking and operating area