Business Regulation and Licensing Bylaw

Ucluelet, British Columbia

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____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 1/16 on BYLAW NO. 2002, 2026 BUSINESS REGULATION AND LICENSING BYLAW A BYLAW TO PROVIDE FOR THE LICENSING, REGULATION AND FIXING OF FEES FOR ALL BUSINESSES WITHIN THE DISTRICT OF UCLUELET ______________________________________________________________________________ WHEREAS the Council of the District of Ucluelet deems it necessary to regulate businesses operating within the municipality and establish licensing procedures for businesses to protect the public and prevent or minimize nuisances and deceptive business practices; AND WHEREAS the Council deems it necessary to establish and impose application and licensing fees; NOW THEREFORE the Council of the District of Ucluelet, in open meeting assembled, enacts as follows: 1. TITLE: This bylaw may be cited for all purposes as "Business Regulation and Licensing Bylaw No. 2002, 2026". 2. DEFINITIONS: "Agent" means a person or persons who act(s) on behalf of another person or persons by authority from him/them to do business within the Municipality and who charges or receives a commission or other payment for so doing. Apartment" means any building or premise not being a hotel, motel, hostel, guesthouse, vacation rental or bed and breakfast and which is divided into three or more dwelling units with shared entrances, occupied or equipped to be occupied as permanent rental accommodation. "Bed & Breakfast" or "B&B" means the accessory use of a single-family dwelling where up to a maximum of three bedrooms are used or designated for use as guest rooms, provided in accordance with Section 404 of the Zoning Bylaw. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 2/16 "Business" means the carrying on of 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. "Cabaret" means any establishment where refreshments or food of any kind is served, and music and dancing or any form of entertainment is permitted. "Campground" means a properly zoned site operated for temporary accommodation and occupied, or equipped to be occupied, by people in tents and recreational vehicles. "Chief Administrative Officer" means the Chief Administrative Officer for the District of Ucluelet. "Condominiums" shall mean a multiple family residential strata title development consisting of individual dwelling units. "Corporate Officer" means the Corporate Officer for the Municipality. "Council" means the Council of the District of Ucluelet. "Dance Hall" means any building, room, or place where public or private dances are held or permitted for hire or profit. "District" means the District of Ucluelet. "Fees and Charges Bylaw" means "District of Ucluelet Fees and Charges Bylaw 1186, 2016" as amended or replaced. "Fish Processing" shall mean the freezing or icing of fish products as well as any process which cooks, brines, cleans, packages, or otherwise prepares fish or marine products. "Games Room" means any room, building, store or other place open to the public and containing three or more amusement machines. "Guest House" means a building located on property zoned "Guesthouse" which contains sleeping or housekeeping accommodation used or intended to be used on a nightly or weekly basis for temporary accommodation of the travelling public. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 3/16 "Home Occupation" shall mean a business which may be conducted in accordance with the provisions of this bylaw and the Zoning Bylaw, and which is clearly incidental both to the use of the dwelling unit for residential purposes and to the residential use of the lot occupied by the dwelling. "Hostel" means any building or premise used to provide tourist accommodation, generally dormitory or bunk-style sleeping accommodations with shared bathroom and kitchen facilities. "Hotel" means a building or group of buildings, each of which are comprised of more than three rooms or suites with separate entrances to a common interior hallway. Hotel rooms or suites are used or intended to be used on a nightly or weekly basis for temporary accommodation of the travelling public. "Itinerant" means any person who travels from place to place to carry on, maintain, own or operate, within the District, any of the following: auctions, carnivals, circuses, dog &/or cat shows, exhibitions, horse or pony shows, promoters of entertainment or sporting events, scenic/tourist attractions, theatrical shows, merchandise retailers or liquidators and all other forms of itinerant shows, entrainment, amusement, or exhibitions or sales. "Licence" means a licence to carry on a business in the Municipality issued under the provisions of this Bylaw. "Licence Inspector" means the person appointed from time to time by the Council of the Municipality to act in such capacity, except when no person has been appointed by Council, the Licence Inspector shall be the Chief Administrative Officer, or any person lawfully acting on his behalf. "Motel" means a building or group of buildings, each of which are comprised of three or more rooms or suites with exterior entrances. Motel rooms are used or intended to be used on a nightly or weekly basis for temporary accommodation of the travelling public. "Municipality" shall mean the District of Ucluelet. "Non-Resident Business" means a business, other than a resident business, carried on in the municipality, or with respect to which any work or service is performed within the municipality. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 4/16 "Person" means any individual, firm or corporation, or association of individuals, firms, or corporations, whether acting by themselves or by an agent, servant or employee, and shall include a body politic or corporate. The singular shall include the plural, and the masculine shall include the feminine. "Principal Residence - Non- Property Owner" means the dwelling where an individual lives, makes their home, and conducts their daily affairs including, without limitation, paying bills and receiving mail and is generally the dwelling unit with the residential address used on documentation related to billing, identification, taxation and insurance purposes, including, without limitation, income tax returns, Medical Services Plan documentation, driver's licences, personal identification, vehicle registration and utility bills. "Principal Residence - Property Owner" means the dwelling where an individual lives and is the property where the person claims the provincial homeowner grant. "Resident Business" means a business carried on, in or from premises within the Municipality. "Resort Condominium" means a development that provides nightly, weekly, monthly and/or seasonal resort accommodation for transient motorists, tourists and/or vacationers. "Retail Floor Area" means the area actually used for retail sales and display of goods for sale but does not include storage areas not normally accessible to customers. "Rooming House" means a dwelling unit that is used for the business of renting three or more rooms, with or without board, on a permanent monthly basis. "Separate Licence" means for the purpose of this bylaw: a) where a business is carried on, in or from more than one premise or property in the District, the business carried on, from or in each premise or property shall be deemed a separate and distinct business; b) where the nature or particulars of multiple businesses operating from the same premises or property vary materially, each shall be deemed a separate and distinct business. "Street Market" means a seasonal market held on property zoned for that purpose as regulated by the Zoning Bylaw, at which Vendors may display and sell wares and services with a valid Business Licence or Vendor licence issued by the District of Ucluelet. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 5/16 "Vacation Rentals" means a dwelling unit used for the business of tourist accommodation on a short-term basis (nightly, weekly, and/or monthly), which conforms to all requirements of the Zoning Bylaw. "Vendor" means a person(s) who offers for sale merchandise or services, whether on foot, bicycle, vehicle or any other means of transportation or with any type of receptacle, including, but not limited to, carts, tables, and wagons, other than a delivery vehicle owned and operated by a licenced retailer or wholesaler within the municipality. Vendor also includes hawkers, hucksters and peddlers who carry on business by offering for sale, goods, wares, or other merchandise directly to or from the public. "Zoning Bylaw" means "District of Ucluelet Zoning Bylaw No. 1160, 2013" as amended or replaced from time to time. 3. PROHIBITION: No person shall: 3.1 carry on a business within the municipality unless he or she is the holder of a valid and subsisting licence issued to him under this bylaw by the Licence Inspector. 3.2 carry on a business within the municipality without approval from the Licence Inspector or Director of Planning confirming that the property on which the business is located or operated from meets all applicable regulations of the Zoning Bylaw, as determined by the Licence Inspector or Director of Planning. 3.3 operate more than one store, branch, premise, unit, or place of business in respect of any business, trade, profession, or other occupation, without taking out a separate licence in respect of each separate store, branch, premise, unit, or place of business. 3.4 change a licenced business' location without first obtaining a transfer of his or her licence in respect thereto from the Licence Inspector; 3.5 change or alter the activities of a licenced business without notification to the Licence Inspector; 3.6 place, allow, or keep on the premises other than a licenced amusement arcade or games room more than two (2) amusement machines. 4. APPLICATION FOR BUSINESS LICENCE: 4.1 The application for a licence for the first time shall be: (a) signed by the owner of the business or his 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 duly authorized agent of all the owners or partners; ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 6/16 (b) accompanied by the non-refundable licence processing fee in accordance with the Fees and Charges Bylaw. (c) accompanied by the licence fee in accordance with the Fees and Charges Bylaw. (d) accompanied by all approvals, as deemed necessary by the Licence Inspector; and (e) delivered to the Licence Inspector. 5. FEES: 5.1 All new applications for business licences shall be accompanied by the applicable application fee in accordance with the Fees and Charges Bylaw as amended or replaced from time to time. 5.2 All new applications and renewals shall be accompanied by the applicable licence fee in the Fees and Charges Bylaw as amended or replaced from time to time. 5.3 Businesses with outstanding business licence accounts or any other unpaid fines, fees or unsatisfied requirements of any District of Ucluelet Bylaw, Policy or specific directive, may be refused a Business Licence or existing Licences may be suspended or cancelled until such time as payments have been received. 5.4 All fees collected under this bylaw shall be paid forthwith to the Municipality and the Director of Finance shall deal with the said fees in the manner provided by the Local Government Act. 6. LICENCES: 6.1 It shall be incumbent upon each person carrying on a business within the municipality to renew such licence at the beginning of each licensing period, as set out in Sections 4 and 7 herein. 6.2 The issuance of a licence shall not be deemed to be a representation by the municipality to the licensee that the business or proposed business complies with any or all applicable bylaws or enactments. The business owner remains responsible to ensure compliance with all bylaws and enactments. 6.3 Every person granted a business licence under this Bylaw shall or shall cause such licence to be posted in a conspicuous place on the premises or on the article or on the vehicle at the location in respect of which the licence was issued. 6.4 Community events, sponsored through the District of Ucluelet Recreation Department or Recreation Commission that utilize municipal property or facilities, the Elementary or Secondary School shall be exempt from the licensing requirements of the bylaw. Schools shall be exempt from the licensing requirements of the bylaw. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 7/16 6.5 A business may only operate on municipal property, including, but not limited to, wharf facilities, boulevards, streets, and roads, with written approval from the District of Ucluelet. Any person or business, with the exception of Vendors operating in a Street Market, seeking a licence to conduct business on municipal property, must obtain liability insurance in the amount of 2 Million Dollars ($2,000,000.00) for personal injury, death and property damage; as well as (if applicable), vehicle insurance. The liability insurance must contain a clause indemnifying the District from liability in the event of injury or damage being done to any person or property as a result of any activity of the business and contain a clause that the insurance cannot be terminated without a thirty-day notification of such to the District of Ucluelet. Proof of such insurance must be submitted to the satisfaction of the Director of Finance or Licence Inspector prior to the granting of a licence. 6.6 Applications that are refused by the Licence Inspector will be forwarded to Council for reconsideration if written request is received in the Corporate Officer's office within ten (10) days of refusal of the licence. 7. TRANSFER/CHANGES IN BUSINESS LICENCES: 7.1 Every licence granted under this Bylaw shall be deemed to be a personal licence to the licensee therein named and shall not be transferable to any other person. 7.2 Every person granted a business licence under this Bylaw shall notify the Licence Inspector, in writing, of any change in the mailing and/or business address, the classification of the business, the premises in which the business is being carried out and shall notify the Licence Inspector when the licence is no longer required. 7.3 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 he has obtained the approval of the Licence Inspector for a transfer of the licence to the new premises. Notification of transfer shall be delivered to the Licence Inspector and shall be accompanied by the fee in accordance with the Fees and Charges Bylaw. 8. PERIODS FOR LICENCES: 8.1 Licences shall be issued for the period from May 1st to April 30th of the following year. 8.2 Subject to the provisions of the Community Charter, the period for a licence with respect to a circus, horse show, dog or pony show, exhibition, or other itinerant show or entertainment, when held elsewhere than in a licenced theatre or other licenced place, shall be for one day. 9. POWERS OF LICENCE INSPECTOR: 9.1 The Licence Inspector shall have the power to grant, issue, or transfer a licence, as set out in this bylaw and subject to the provisions of the Community Charter. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 8/16 9.2 The Licence Inspector or his designate or a Bylaw Enforcement Officer may enter at all reasonable times on any property to ascertain whether the bylaw requirements are being met or regulations are being observed. 9.3 The Licence Inspector shall grant a licence where satisfied that the applicant has complied with the bylaws of the municipality and any other regulations, bylaws or acts as deemed applicable by the Licence Inspector, and shall suspend any licence for the period he decides if its holder: (a) is convicted on an offence indictable in Canada; (b) is convicted of any offence under any municipal bylaw or statute of the Province in respect of the business for which he is licenced, or with respect to the premises named in the licence; (c) has, in the opinion of the Licence Inspector, been guilty of such gross misconduct in respect of the business or in or with respect to the premises named in his licence, that it warrants the suspension of the licence; (d) is deemed, under the Community Charter or the Offence Act, to have pleaded guilty to an offence referred to in paragraph (b) (e) has ceased to comply with a bylaw or has otherwise ceased to meet the lawful requirements to carry on the business for which he is licenced, or with respect to the premises named in the licence; (f) if, in the opinion of Council, the holder has engaged in misconduct that warrants the suspension or cancellation of the licence i) if the misconduct is in respect of the business, ii) in or with respect to the premises named in the licence, or iii) in respect of that business or another business, or in or with respect to the premises of that business or other business, carried on by the holder inside or outside the municipality. 10. LICENCE SUSPENSIONS/REVOCATIONS AND APPEALS: 10.1 Any person whose licence has been suspended or revoked by the Licence Inspector and who proposes to appeal such suspension to Council shall within ten (10) days from the date of suspension/revocation, give to the Corporate Officer notice of their intention to appeal the said suspension. 10.2 The notice of intention to appeal shall state in concise fashion the grounds upon which the appeal is based. 10.3 The Corporate Officer shall thereupon refer the matter to Council in order to appoint a time and place for the hearing of the appeal. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 9/16 11. ACCOMMODATION CLASSIFICATIONS: 11.1 All business licences issued under an Accommodation classification must, upon application for a business licence, provide to the Licence Inspector a site plan detailing the placement of the available sites, rooms, units, cabins, beds and/or pads and the total number available. Upon renewal of a business licence under any Accommodation classification, it is incumbent upon the licensee to inform the Licence Inspector of any changes in the total number of available spaces. 11.2 Vacation Rental accommodations may be comprised of one self-contained suite and two Bed and Breakfast rooms or two self-contained suites and one Bed and Breakfast room. Vacation Rental accommodations must meet all the requirements of the Zoning Bylaw. 11.3 Guesthouse accommodations shall only be located on property zoned "Guesthouse" and must comply with all Zoning Bylaw regulations. 11.4 Resort Condominium accommodations shall only be located on property designated as "Resort Condominium" and must comply with all Zoning Bylaw regulations and any other applicable bylaws or regulations of the District of Ucluelet. 11.5 Bed & Breakfast Accommodations: (a) A requirement of this Bylaw pertaining to Bed & Breakfasts does not abrogate the application of any other requirements contained herein that are generally applicable to all businesses. (b) An owner may not hold more than one (1) Bed & Breakfast licence. (c) No person shall operate a Bed & Breakfast unless the premises can be demonstrated to be that person's Principal Residence - Non-Property Owner (in the instance where the operator does not own the property) or Principle Residence - Property Owner (in the instance where the operator does own the property). (d) Notwithstanding the requirements of Section 11.5(c), if the operator is the property owner, it is the first year of home ownership and home ownership occurred after the property tax deadline date, the operator must demonstrate Principle Residence - Non-Property Owner. (e) No person shall operate a Bed & Breakfast without a valid and subsisting licence. (f) No person shall offer or advertise a Bed & Breakfast without a valid licence in respect of such Bed & Breakfast. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 10/16 (g) Bed & Breakfasts are subject to inspection by a Licence Inspector once every three (3) years, whether or not the B&B has been continuously licenced during that period. At the discretion of the Building Official, the inspection required at the time of initial application may be waived if the subject property has been subject to a full inspection under a Building Permit within the previous three years. (h) Any person making an application for a Bed & Breakfast Licence shall at the time of making such application, in addition to the general requirements under this Bylaw, provide: (i) proof of ownership of the premises from which the B&B will be operated; ii) proof of Principal Residence - Non-Property-Owner or proof Residence Property Owner, whichever is applicable, unless exempt under section 11.5(d); iii) contact information for the business operator and consent to allow this contact information to be made publicly available, including online and to guests of the B&B. (j) The operator of a B&B must remain available to respond to inquiries or problems raised by guests by phone within 15 minutes and in person within six (6) hours. j) In considering an application for a Bed & Breakfast, the Licence Inspector may: i) consider whether a B&B licence held by the applicant has been revoked in the preceding two (2) licence periods; and ii) require an inspection of the premises from which the B&B will be operated notwithstanding that, a Licence Inspector may grant approval of the application without an inspection subject to the condition that if upon subsequent inspection, the B&B fails to comply with the requirements of this Bylaw, the Licence Inspector shall suspend or cancel the licence. 11.6 Advertising Accommodations (a) Every online advertisement for a Bed & Breakfast, Vacation Rental or Guest House must disclose, in respect of the accommodation being advertised: i) valid Ucluelet business licence number; ii) the number of off-street parking spaces available to guests and a statement that such number is the maximum number of vehicles that ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 11/16 paying guests of the tourist accommodation business are permitted to bring to the premises; and iii) the maximum permitted guest-occupancy applicable to the tourist accommodation business, pursuant to the Zoning Bylaw. (b) The Licence holder for a Bed & Breakfast, Vacation Rental or Guest House is responsible for displaying a licence sign conforming to the standard provided by the District in an exterior location near the property line and visible from the street (e.g., adjacent to the required civic address sign) showing: i) the business licence number; ii) maximum occupancy; iii) maximum number of guest vehicles; and, iv) a contact number for the licence holder / operator of the tourist accommodation. 11.7 Guest Bookings (a) Every person carrying on the business of a Bed & Breakfast, Vacation Rental or Guest House must provide to the District upon request, booking records as produced directly from each online listing platform used to advertise the licenced premises in the current calendar year, on any day of the year between the hours of 8:00 am and 8:00 pm. 12. CHARTERS: 12.1 Marine charter businesses must comply with all District of Ucluelet bylaws and policies concerning liveaboard vessels. 12.2 Operators of Marine Charter Businesses must pay wharfage fees at the District of Ucluelet Municipal Office prior to the moorage and operation of business at any of the District of Ucluelet and/or Small Craft Harbour facilities. 12.3 Marine Charter Businesses electing to pay a daily wharfage fee must submit to the District of Ucluelet a yearly accounting of the number of scheduled charters prepared by a certified accountant or a professional equivalent status, for the previous year's charters conducted from the District of Ucluelet and/or Small Craft Harbour facilities in every year an application is made for a charter business licence. 12.4 All Charter Operators must supply the name of their respective ticket agents to the District office, and the Licence Inspector, prior to approval or renewal of the business licence, shall establish verification of such relationship. It is incumbent upon each individual Charter Operator to immediately advice the District office of any changes with respect to its ticketing agent. 12.5 All Charter Operators must supply proof of a $2,000,000 (two million dollars) liability insurance to the District office prior to approval or renewal of the business licence. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 12/16 13. AGENTS 13.1 All booking or Ticket Agents must provide to the Licence Inspector a list of businesses for which they are acting as an agent. The list must be provided, in writing, at the time of renewal, or prior to approval of a business licence. It is incumbent upon the Booking or ticket Agent to deliver an updated list to the Licence Inspector as the list of businesses change. The Licence Inspector may request, at any time, a current list of businesses for which the Booking or Ticket agent is providing services. 14. CAMPGROUND BUSINESSES: 14.1 Every person who carries on a campground business shall maintain a register showing: (a) the make, model, year, and vehicle licence plate number of any vehicle located within the campground; (b) the campsite or location assigned to the vehicle; (c) the name and home address of the person who brought the vehicle to the campground; and (d) the date on which the vehicle first entered the campground, and every date thereafter during which the vehicle was located within the campground. 14.2 The register required by Section 14.1 shall be kept on the site of the campground business and updated daily and shall be made available to the Licence Inspector for inspection forthwith upon request. 15. HOME OCCUPATIONS: 15.1 All Home Occupation applications must provide the total area in the dwelling (square foot/metre and percentage of total area) that is being used for the home occupation. 15.2 At the discretion of the Licence Inspector, all Home Occupations may require signatures from the Director of Planning, Building Inspector, Health Inspector, Fire Chief, Electrical Inspector and Bylaw Enforcement Officer prior to the issuance of a business licence. 15.3 All Home Occupation requirements of the Zoning Bylaw shall apply. 16. ITINERANTS: 16.1 All Itinerant businesses shall deposit a cash bond of One Thousand Dollars ($1,000.00) with the Director of Finance and such bond, or part thereof, shall be forfeited to the District to pay for any damages or the cost of any clean up required during or after the terms of the licence. The Director of Finance, upon notification by the Licence Inspector that all conditions regarding damages and clean-up are satisfactory, shall return such bond or part thereof. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 13/16 16.2 Carnival or Circus - Insurance and Inspections Required Any person seeking a licence to hold a carnival or circus must obtain insurance in the amount of Five Million Dollars ($5,000,000.00) for personal injury, death and property damage. The insurance must contain a clause indemnifying the District from liability in the event of injury or damage being done to any person or property as a result of any activity or street parade of the carnival or circus. Proof of such insurance must be submitted to the satisfaction of the Director of Finance or Licence Inspector prior to the granting of a licence. 16.3 An inspection certificate from an accredited professional engineer shall be submitted to the Licence Inspector before a licence shall be granted. The inspection certificate shall state in precise terms that all machines, rides, or equipment used by the public conform to the acceptable standards and such certificates shall be submitted every seven (7) days during the term of the licence, or as directed by the Licence Inspector. 16.4 Itinerants - Exemptions from licensing: For a performance, concert, exhibition or entertainment, the entire proceeds of which above actual expenses, are devoted to a charitable purpose, the licence fee will be reimbursed upon evidence, at the Director of Finance's discretion, that all proceeds have been turned over to a charitable purpose. 17. VENDORS 17.1 Mobile Vendors (a) All applicants for a Mobile Vendor licence shall require Council approval prior to the issuance of a business licence. (b) The licence inspector shall not issue a business licence to a Mobile Vendor until the applicant has provided a copy of an insurance policy in the amount of $2,000,000 (two million dollars) for personal injury, death, and property damages, as well as, if applicable, vehicle insurance. The liability insurance must contain a clause indemnifying the District of Ucluelet from liability in the event of injury or damage to any persons or property as a result of any activity of the business, including fees for solicitors and other professionals. The liability insurance must also contain a clause that the insurance cannot be terminated without a thirty-day notification of such to the District of Ucluelet. (c) Mobile Vendor businesses must meet all Provincial food handling requirements, provide proof to the Licence Inspector of such approval, and shall be in possession of a valid permit issued by the Provincial Authority having jurisdiction. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 14/16 (d) Every vehicle used in the operation of a mobile vendor business shall be in good mechanical condition and shall have a dust-tight, well-lighted sanitary interior from which the business is to be carried out. (e) On Peninsula Road and Main Street only "off-street" vending will be permitted. (f) At no time will it be permitted for a mobile vending unit to obstruct the free flow of pedestrians or vehicular traffic within the District of Ucluelet. (g) Mobile Vendors must obtain and have in their possession at all times a letter of written permission from the private landowner permitting the business to operate on the landowner's property. (h) No form of voice amplifying device shall be allowed on the mobile vending unit. All soliciting must be done at a level speaking voice with no shouting or other form of loud noise intended to attract the attention of the public. (i) The only goods to be sold from a mobile vendor are food and no-alcoholic beverages. (j) The operator of a Mobile Vending unit is responsible for the cleanup of all litter generated within ten (10) meters of their location and shall be responsible for providing waste receptacles and removal of all collected garbage from such locations. (k) A maximum of one (1) additional employee will be permitted to assist the operator of a mobile vending unit at any time. (l) Mobile vending will be permitted seven (7) days of a week commencing at 7:00am and must cease on or before 10:00pm each day. (m) Every business licence granted shall be deemed to be a personal licence to the mobile vendor and non-transferable to another person. 17.2 Street Market Vendors a) Street market Vendors must obtain a valid business licence from the District of Ucluelet prior to occupying a space in a vendor's market. b) Street Market Vendors business licences are valid for the street market season in the year of which the licence is issued and are not subject to a half year fee if purchased after August 31st in any one year. c) Street market Vendors shall operate only in a street market during the market's normal business hours and must comply with the Zoning Bylaw as well as any requirements of the Fire Chief, Public Health Inspector and Bylaw Enforcement Officer. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 15/16 18. PEST CONTROL BUSINESSES: 18.1 The Licence Inspector shall not grant or renew a business licence to any person who by himself or by his employees, assistants or agents, provides a service involving the use or application of pesticides until the Licence Inspector is satisfied that the person is the holder of a valid and subsisting Pest Control Service Licence issued by the Province of British Columbia. 19. DESIGNATION OF BYLAW ENFORCEMENT OFFICER 19.1 For the purposes of this bylaw, the designated Bylaw Enforcement Officer means any of the following: a) Chief Administrative Officer b) Licence Inspector c) Bylaw Enforcement Officer d) Building Inspector e) Royal Canadian Mounted Police and Auxiliary RCMP Officers. 20. ENFORCEMENT: 20.1 It shall be the duty of the Licence Inspector and Bylaw Enforcement Officer to enforce the provisions of this bylaw. 20. VIOLATIONS AND PENALTY: 20.1 Any Person who causes, permits or allows anything to be done in contravention or violation of this Bylaw, or who neglects or fails to do anything required to be done pursuant to this Bylaw, commits an offence against this Bylaw and is liable upon summary conviction to pay a fine of not more than $50,000, plus the costs of prosecution, and any other penalty or remedy available under the Community Charter and Offence Act. 20.2 This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice Enforcement Bylaw No. 2000, 2026" as amended or replaced. 20.3 Where an offence under this Bylaw is of a continuing nature, each day that an offence continues, or is permitted to exist, constitutes a separate offence. 21. SEVERABILITY 21.1 If any provision of this Bylaw is determined by a court of competent jurisdiction to be unlawful or unenforceable, that provision shall be severed from this Bylaw and shall not affect the validity of any remaining provision of this Bylaw. ____________________________________________________________________________________ Business Regulation & Licensing Bylaw No. 2002, 2026 16/16 22. ADMINISTRATIVE PROVISIONS: 22.1 This Bylaw hereby repeals "Ucluelet Business Regulation and Licensing Bylaw No. 922, 2003" and amendments thereto in their entirety. READ A FIRST TIME this 28th day of April, 2026. READ A SECOND TIME this 28th day of April, 2026. READ A THIRD TIME this 28th day of April, 2026. Notice of intention to proceed was posted on the District of Ucluelet's website, electronically by distributing the notice through the District of Ucluelet email subscription service UKEE MAIL, and posting on the public notice posting places on the 11th day of May, 2026, pursuant to section 59(2) of the Community Charter and "District of Ucluelet Public Notice Bylaw No. 1377, 2025". OPPORTUNITY TO MAKE REPRESENTATION TO COUNCIL PROVIDED this 26th day of May, 2026. ADOPTED this ____ day of ____________________________ __________________________ Marilyn McEwen Ed Chow Mayor Corporate Officer THE CORPORATE SEAL of the District of Ucluelet was hereto affixed in the presence of: Ed Chow, Corporate Officer