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THE CORPORATION OF THE CITY OF VERNON
BYLAW 6100
A Bylaw to regulate the licencing of businesses within the boundaries
of the City of Vernon.
WHEREAS pursuant to section 8(6) of the Community Charter, the City may regulate in
relation to business;
AND WHEREAS, when regulating business, Council may, pursuant to section 15(1) of
the Community Charter, provide for a system of licences, permits, or approvals;
AND WHEREAS Council may, pursuant to section 154 of the Community Charter,
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 Council has given notice of its intention to adopt this Bylaw and provided
an opportunity for persons who consider they are affected by this Bylaw to make
representations to Council pursuant to section 59 of the Community Charter.
The Council of The Corporation of the City of Vernon, in open meeting assembled, enacts
as follows:
1.
CITATION
1.1
This Bylaw may be cited as the "Business Licence Bylaw 6100, 2025".
2.
REPEAL
2.1
City of Vernon Business Licence Bylaw Number 5480, 2014, including all
amendments thereto, is hereby repealed.
3.
INTERPRETATION
Severability
3.1
If any part of this Bylaw is held to be invalid by a court of competent jurisdiction,
then the invalid portion must be severed and the remainder of this Bylaw is deemed
to have been adopted without the severed portion.
Successorship of Delegated Authority
3.2
Words in this Bylaw directing or empowering any officer or employee of the City to
do any act or thing, or otherwise applying by name of office, includes successors
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in such office and any lawful deputy, and any person who is duly appointed to act
in that officer or person's place.
Definitions
3.3
In this Bylaw, unless context otherwise requires:
"Amendment Fee" means the fee as described in Fees and Charges Fees Bylaw No.
3909, as amended from time to time.
"Applicant" means a person that applies for a Business Licence pursuant to this Bylaw.
"Application Fee" means the fee as described in Fees and Charges Fees Bylaw No.
3909, as amended from time to time.
"ATM" means an automated teller machine that permits a Person to access and use one
or more financial services customarily provided by a financial institution, including without
limitation the provision or collection of currency, or the exchange of cryptocurrency for
currency, or the Business of providing an ATM, but not including an ATM located within a
financial institution.
"Business" means the carrying on of a commercial or industrial activity or 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 any activity carried on by the government,
its agencies, or government owned corporations.
"Business Licence" means a valid and subsisting licence issued by the City that
authorizes a Business, trade, profession, or other occupation, to be carried on within the
jurisdictional boundaries of the City that has been approved and issued pursuant to this
Bylaw.
"Bylaw Enforcement Officer" means an officer or employee of the City to whom the City
has delegated responsibility for inspection and enforcement relating to bylaw compliance.
"City" means The Corporation of the City of Vernon or the area within the municipal
boundaries thereof as the context may require.
"Contractor" means a Licensee who performs construction, building, carpentry,
plastering, lathing, shingling, concrete work, or any other such work or service for profit
or gain.
"Council" means the Municipal Council of The Corporation of the City of Vernon.
"Director of Planning & Community Services" means the person appointed to that
position by the City and includes a person acting for the Director or appointed to act in
that office and the deputy of the Director.
"Farmers' Market" means a temporary or seasonal market for the display and sale of
farm produce and/or products in an open air or indoor venue. These markets must have
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at least six (6) vendors, that operate for two (2) or more hours per day for a minimum of
four (4) days per year.
"Fireworks" means devices that explode or burn to produce visual or sound effects and
such other explosives as may be designated as such by the Lieutenant-Governor in
Council under the provision of the Fireworks Act of the Province of British Columbia or
under the provision of the Canadian Explosives Act and its regulations, as the case may
be, but does not include torpedoes, flares, fuses or similar pyrotechnic devices used by
motorists, police or other agencies for signaling purposes or illumination.
"Home-Based Business" means a business operated primarily inside a dwelling unit or
an accessory building in a housing zone by a resident of that dwelling unit. A housing use
is the primary use on the site and the business activity is accessory.
"Inter-Community Business Licence" means a business licence issued by a
participating municipality, as identified in the Inter-Community (Mobile) Business Licence
Bylaw No. 5117, that authorizes a Business to be carried on within the boundaries of any
or all of the participating municipalities.
"Itinerant Show" includes a circus, animal show, horseracing, exhibition, and other
entertainment events of a transient nature, when held elsewhere than in a licenced
theatre or licenced place.
"Licensee" means a Person to whom a current Business Licence has been issued under
this Bylaw.
"Licence Fee" means the fee as described in Fees and Charges Fees Bylaw No. 3909,
as amended from time to time.
"Licence Inspector" means a person appointed or designated pursuant to section 4.9 of
this Bylaw.
"Licence Period" means the period of time in which a Business Licence is in force.
"Manager of Building and Licensing" means the person appointed to that position by
the City and includes a person acting for the Manager or appointed to act in that office
and the Licensing Coordinator.
"Mobile Vending" means the use of an independently operated vehicle, structure, or
mobile apparatus occupying public or private space for retail sale of products, food or
beverages, to passers-by.
"Non-Profit Society" means a registered charitable society that is:
a) incorporated and in good standing under the Societies Act; and
b) registered as such under the Income Tax Act (Canada) and qualified to issue tax
receipts to its donors.
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"Non-Resident Business" means a business, other than a Resident Business, carried
on within the City or with respect to which any work or service is performed within the
City.
"Outdoor Commercial Use" means a Business seasonally utilizing the public space
directly abutting its Premises.
"Peace Officer" includes
a) a sheriff and sheriff's officer,
b) a warden, correctional officer, and any other officer or permanent employee of a
penitentiary, prison, correctional centre or youth custody centre, and
c) a police officer, police constable, constable or other person employed for the
preservation and maintenance of the public peace;
"Person" in addition to its usual connotation, includes a firm or partnership, association,
company, society, body corporate or any other legal entity.
"Premises" means a store, office, warehouse, factory, building, house, enclosure, yard
or other place occupied by any Person for the purpose of any Business, trade or
occupation and will also mean any area situated within any of the foregoing, where more
than one separate and/or distinct class or classification of Business is being carried on.
"Resident Business" means a Business carried on, in, or from a Premises within the
City.
"Seasonal Business" means a Business carried on for less than six (6) months in a
calendar year.
"Short-Term Business" means a Business carried on for less than 30 consecutive days
in a calendar year.
"Short-Term Rental" means the commercial provision of overnight accommodation in a
dwelling unit, to members of the public for a period of less than 90 consecutive days or
such other period of time as may be prescribed under the Short-Term Rental
Accommodations Act. Short-Term Rentals are organized into three classifications as
follows:
1. Whole Home: providing the whole habitable principal dwelling unit.
2. Partial Home: providing one (1) or more habitable room(s) within a principal
dwelling unit, with shared common areas (e.g., kitchen, living room, etc.).
3. Suite: providing one (1) or more habitable rooms, which includes self-contained
sleeping, living, cooking, and sanitary facilities, as well as direct access to the
exterior, without passing through any part of the principal dwelling unit. This
includes both a secondary suite or an accessory dwelling unit.
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"Special Event" means a short term or temporary event with mobile vending that, except
as provided otherwise in this Bylaw, does not exceed fourteen (14) consecutive days in
duration. The Business Licence is issued to the event coordinator and includes, but is not
limited to, all outdoor events or gatherings, or proposes to use public properties such as
parks, roads or facilities.
"Strata-Titled Hotel or Motel" means a property in which accommodation is provided in
a manner like that of a hotel or motel and meets the conditions for exemption from the
principal residence requirement related to strata-titled hotels or motels as prescribed
under the Short-Term Rental Accommodations Regulation.
"Street Performance and Busking" means a Person who operates a Business as a
street performer or busker pursuant to the City's Street Performance and Busking Policy.
"Transportation Services" includes taxi cabs, ride hailing services, professional driving
services, safe ride home programs, and public transit.
4.
GENERAL REGULATIONS
4.1
Except as otherwise provided in this Bylaw, no Person will carry on, maintain, own,
or operate a Business within the City without holding a Business Licence.
4.2
Except as otherwise provided in this Bylaw, no Person may carry on, maintain,
own, or operate a Non-Resident Business within the City without holding a valid
Inter-Community Business Licence or Non-Resident Business Licence.
4.3
If a Licensee operates a single Business in multiple different Premises, each
Business is a separate Business for licencing purposes, and the Person operating
the Business must obtain a separate Business Licence for each Business.
4.4
A Person who operates more than one Business in a Premises must obtain a
separate Business Licence for each Business.
Licence Exemptions
4.5
No Business Licence is required with respect to:
a) a performance or concert;
b) a concession if:
i. the entire proceeds, above actual bona fide expenses, are devoted to
charitable or community purposes; or
ii. it is held in a licenced theatre or other licenced place;
c) an arts-and-crafts show;
d) a home-and-trade show; or
e) a Farmers' Market.
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Despite the exemptions above, an exempt Business must not operate on City
lands or premises until the exempt Business has provided the City with a certificate
of insurance in a form, of an amount, and on terms acceptable to the City, and
names the City as additionally insured.
4.6
The following Non-Resident Businesses are not required to hold a Business
Licence:
a) commercial travellers offering merchandise for sale or for resale;
b) owners or operators of carriers, other than Transportation Services, who
retrieve passengers or cargo within the City for discharge or delivery outside
the City or the converse;
c) owners or operators of Transportation Services who only discharge
passengers within the City;
d) owners or operators of retail Businesses located in another municipality
who:
i. deliver product sold by them; or
ii. retrieve product being returned or exchanged;
e) a wholesaler, manufacturer or processor located in another municipality
who delivers product sold by them to local merchant(s) for resale;
f) a real estate agent whose Business Premises is located in another
municipality; or
g) a Business that holds a valid Inter-Community Business Licence.
Charitable Exemption
4.7
A Non-Profit Society is required to hold a Business Licence, but is only required to
pay a nominal Licence Fee of $1.00 per year.
Authority to Licence
4.8
Council appoints the Director of Planning & Community Services, the Manager of
Building and Licensing, and Bylaw Enforcement Officers to serve as Licence
Inspectors, who are authorized to carry out and administer the provisions of this
Bylaw.
4.9
Council delegates to the Licence Inspector the powers of Council to grant a
Business Licence if the Licence Inspector is satisfied that:
a) the Applicant has fulfilled the requirements of this and all other City bylaws
applicable to the Business and the Premises;
b) the Applicant has fulfilled the requirements of all federal, provincial, local
government, and First Nation's legislation applicable to the Business;
c) the Applicant has paid the Licence Fee;
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d) the Applicant does not have any outstanding fees or fines owing to the City
in relation to the proposed Business, or any other Business operated by the
same Applicant; and
e) the Applicant does not have any expired or incomplete building permits in
relation to the proposed Business and an occupancy permit has been
issued for the premises for the proposed Business use.
Sales Prohibition
4.10 The sale of the following is prohibited:
a) Fireworks.
Licence Terms and Conditions
4.11 The Licence Inspector may grant a Business Licence that includes terms and
conditions related to:
a) the hours of operation of the Business;
b) the maximum number of occupants or patrons allowed at the Premises;
c) requirements for parking spaces;
d) the provision and maintenance of public waste containers at the Premises;
e) requirements regarding signage and patron identification;
f) requirements for the protection of minors;
g) compliance with a particular provision of a City bylaw or any other provincial
or federal enactment within a specified period of time, including a
requirement to provide the Licence Inspector with evidence of such
compliance within a specified period of time;
h) a requirement that a Person providing a personal health or wellness service,
including an esthetician, massage therapist, or cosmetologist, meet specific
qualifications;
i) requirements for public health, safety and security in relation to the
Premises;
j) requirements for the prevention of nuisances, including conditions intended
to reduce noise, dust, odour (including air filtration and ventilation
requirements) or patron misconduct on and/or about the Premises; and
k) requirements that, in the opinion of the Licence Inspector, are necessary to
ensure that the Business does not have a negative impact on the public, the
neighbourhood or other Businesses in the vicinity of the Premises.
4.12 Council or the Licence Inspector may amend terms and conditions on a Business
Licence, as the need may arise, to address unforeseen concerns when the
Business Licence was initially issued.
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Licence Application
4.13 All applications for a Business Licence must:
a) be in the form prescribed from time to time by the Licence Inspector for that
purpose;
b) be signed by the owner or operator of the Business or their duly authorized
agent; and
c) contain a true and accurate description of the following information:
i. the nature of the Business;
ii. the full names and civic residential addresses of all owners of the
Business;
iii. the Premises, including the civic address, from which the Business
is conducted;
iv. an after normal Business hours contact telephone number; and
v. any other information the Licence Inspector may require with
respect to the operation of the Business and its location.
4.14 The issuance of a Business Licence is not a representation or warranty by the City
that the Business or proposed Business complies with any or all applicable bylaws
or enactments, and the Applicant or Licensee bears all responsibility to ensure that
the Business or proposed Business complies with all applicable City bylaws and
with all other federal and provincial enactments, laws, rules, codes, regulations or
orders.
Licence Fees
4.15 Every Applicant must, at the time of making an application for a Business Licence,
pay to the City the applicable Application Fee.
4.16 Every Applicant must, at the time of approval of an application for a Business
Licence, pay to the City the applicable Licence Fee.
4.17 The Licence Fee will be reduced by 50% in respect to a Business that becomes
liable to be licenced after the first day of July in any year. This reduction does not
apply to an Inter-Community Business Licence.
4.18 The City will not refund an Application Fee, Amendment Fee, or Licence Fee for
any reason.
Licence Period
4.19 All Business Licences will have a Licence Period of one-year, commencing on the
1st day of January and terminating on the 31st day of December in each and every
calendar year, unless otherwise stated in section 4.20.
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4.20 The Licence Period identified in section 4.19 does not apply in the following
instances:
a) the Licence Period for a Short-Term Business is for the period requested
in writing by the Applicant and approved by the Licence Inspector at the
time the Business Licence is issued; and
b) the Licence Period for a Seasonal Business is six (6) months.
Licence Posting
4.21 The Business Licence must be posted in a conspicuous place in the Premises,
vehicle, place or structure for which the Business Licence was issued at all times
that the Business is operating.
4.22 For a Non-Resident Business, the owner or operator must provide a valid business
licence or Inter-Community Business Licence, or an electronic copy, to a Peace
Officer or the Licence Inspector upon request.
Licence Renewal
4.23 Every Licensee that continues to carry on Business in the City in subsequent
calendar years must renew their Business Licence annually by paying the
applicable Licence Fee to the City. If the Licence Fee is not paid by March 1 of the
calendar year for which the Business Licence is being renewed, the Business
Licence will be deemed cancelled. In such cases, the Licensee will need to make
a new application to obtain a Business Licence including the payment of an
Application Fee.
4.24 It will be incumbent upon each Licensee to renew such Business Licence prior to
the beginning of each Licencing Period as long as such Business is being carried
on.
Licence Changes
4.25 A Licensee must not make a change to their Business, including, but not limited to
a change:
a) in the location of the Business Premises;
b) to the name of the Business;
c) to the owner or operator stated on the Business Licence;
d) to the Licensee's contact information;
e) to the nature of the Business;
f)
to any term or condition on which the Business Licence was issued; or
g) that would increase the Licence Fee for a Business,
without first applying to the Licence Inspector to have the Business Licence
changed. The same powers, conditions, requirements, and procedures relating to
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the granting or refusal of a Business Licence will apply to all applications for a
Business Licence change.
4.26 A Person applying for a Business Licence change must, at the time of applying,
pay to the City the applicable Amendment Fee for the change, as well as any
amount by which the Licence Fee may increase.
4.27 Every Licensee must notify the Licence Inspector in writing and surrender their
Business Licence within forty-eight (48) hours of the termination of operation of the
Business.
Refusal, Suspension and Cancellation
4.28 The Licence Inspector has the authority to refuse an application for a Business
Licence or suspend or revoke a Business Licence for reasonable cause by
providing the Applicant or Licensee with:
a) written notice of and reasons for the refusal, suspension, or revocation;
and
b) an opportunity to be heard by Council.
4.29 Without limiting what constitutes reasonable cause for the refusal of an application
of a Business Licence or the suspension or revocation of a Business Licence, the
following may constitute reasonable cause:
a) the Applicant or Licensee fails to comply with this Bylaw;
b) the Applicant or Licensee fails to comply with a term or condition of the
Business Licence;
c) the Applicant or Licensee fails or ceases to meet the lawful requirements
to carry on the Business at the Premises;
d) the Applicant or Licensee is convicted of an offence that, in the opinion of
Council or the Licence Inspector, directly relates to the Business;
e) the Applicant or Licensee violates any City bylaw that is, in the opinion of
Council or the Licence Inspector, in any way related to the Business or the
Business Premises; or
f)
the Licensee has engaged in misconduct with respect to the Business or
the Business Premises which, in the opinion of Council or the Licence
Inspector, warrants the suspension or cancellation of the Business
Licence.
4.30 If Council or the Licence Inspector suspends a Business Licence:
a) the suspension is for such period of time as Council or the Licence
Inspector may determine; and
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b) Council or the Licence Inspector may impose additional terms and
conditions that the Licensee must meet in order to obtain a Business
Licence at the end of the suspension period.
4.31 If Council or the Licence Inspector suspends or cancels a Business Licence:
a) the Licence Inspector must provide notice of the suspension or cancellation
to the Licensee pursuant to the notice provisions outlined in this Bylaw; and
b) the Licensee must surrender the Business Licence to the Licence
Inspector.
4.32 Notwithstanding the notice provisions in this Bylaw, the Licence Inspector may post
a notice of the suspension or cancellation of a Business Licence upon the
Premises for which the Business Licence was issued, and such notice will not be
removed until the Business Licence is reinstated or the Business ceases to occupy
the Premises.
4.33 Reinstatement of a suspended or cancelled Business Licence is subject to
payment to the City of a new Application Fee.
Notice
4.34 The Licence Inspector may deliver written notice to an Applicant or Licensee
personally or by mail:
a) if the Applicant or Licensee is a corporation, by delivering or mailing the
notice to the corporation's registered office; or
b) by delivering or mailing the notice to the address of the Applicant provided
on the application or to the address of the Business subject to the Business
Licence.
4.35 Notice delivered in accordance with section 4.34 is presumed to have been
received by the Applicant or Licensee, if delivered personally, on the date of
delivery and, if delivered by mail, on the seventh day after the notice is mailed.
Reconsideration by Council
4.36 If the Licence Inspector refuses to grant, suspends, cancels or imposes terms and
conditions upon a Business Licence, the Applicant or Licensee who is subject to
that decision may request that Council reconsider the Licence Inspector's decision
by, within 30 days of the date of receiving notice of the Licence Inspector's
decision, delivering to the Corporate Officer a written request stating the grounds
upon which the request for reconsideration is based.
4.37 Upon receipt of the written request for reconsideration by the Applicant or
Licensee, the reconsideration process will follow the procedures established in the
Delegation of Authority Bylaw No. 5727.
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5.
SPECIFIC PROVISIONS
Contractor
5.1
A Contractor must:
a)
only use sub-contractors who hold a Business Licence or Inter-
Community Business Licence; and
b)
within two (2) weeks of delivery of a written request by the Licence
Inspector, provide a list of all sub-trades engaged on each specific job.
Food and Beverage Service
5.2
A food and beverage service Business must receive approval from Interior Health
prior to operating, and must not receive a high hazard rating or failing grade on
any inspection conducted by Interior Health.
5.3
An owner or operator of a food and beverage service business must:
a)
clean out grease interceptors as frequently as required to prevent the
discharge of grease and oil to the sanitary sewer system;
b)
submit a grease interceptor inspection report upon request of the
Licencing Inspector; and
c)
open the lid of the grease interceptor for inspection purposes at the
request of the Licencing Inspector.
Home-Based Business
5.4
A Home-Based Business must be operated at the Licensee's principal residence.
5.5
All parking for customers of a Home-Based Business must be contained on the
property and each parking space must be clearly marked as such.
5.6
Parking spaces identified for a Home-Based Business are for the exclusive use of
the Home-Based Business and do not count towards parking requirements for a
dwelling unit.
Hotel or Motel
5.7
A Hotel or Motel must:
a)
maintain records, pursuant to the Hotel Guest Registration Act, to be
provided upon request to a Peace Officer or the Licence Inspector;
b)
post a copy of the fire evacuation plan, showing the location of exits, fire
extinguishers, and smoke detectors, in each guest room; and
c)
provide the Licence Inspector with the total number of units contained in
the hotel or motel.
5.8
Additionally, Strata-Titled Hotel or Motel must:
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a)
provide the Licence Inspector with the total number of units contained in
the strata, as well as the number of units currently in operation as part of
the Strata-Titled Hotel or Motel. The Licence Fee for a Strata-Titled Hotel
or Motel will be calculated based on the total number of units contained in
the strata.
5.9
A Short-Term Rental Business Licence cannot be issued for an individual strata lot
in a Strata-Titled Hotel or Motel.
Mobile Vending
5.10 Every Applicant for a Mobile Vending Business Licence must:
a)
complete and submit a Mobile Vending application for consideration by
the Licence Inspector; and
b)
supply the Licence Inspector with evidence that all vehicles intended for
use by the vendor are insured under a comprehensive liability policy for
five million dollars ($5,000,000) with the City named as an additional
insured and saved harmless. Overage under the policy cannot be
cancelled, or any provisions changed or deleted unless thirty (30) days
prior written notice has been given to the City by the insurer.
5.11 An owner or operator of a Mobile Vending Business must:
a)
operate only within the approved licence area as defined by the City in
consideration of public safety and traffic;
b)
ensure the Premises is free of litter;
c)
remove recycling and garbage containers from the Premises after each
business day;
d)
maintain the vehicle, structure or mobile apparatus being used for the
Business in good repair;
e)
keep all items associated with the Business inside its assigned space
including but not limited to signage, tables and displays;
f)
remove all structures, appurtenances and other property from the site at
the end of each Business day;
g)
vacate or relocate from the designated licence area at any time as the City
requires; and
h)
comply with all provisions of the Motor Vehicle Act, as well as all City
bylaws and Provincial enactments with respect to traffic and the use of
highways within the City.
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Outdoor Commercial Use
5.12 An Outdoor Commercial Use must be authorized through an encroachment
agreement with the City and must comply with all applicable City bylaws and
policies relating to the establishment of an Outdoor Commercial Use.
Rental/Lease of Watercraft
5.13 A Licensee that rents or leases personal watercrafts must include the following
terms and conditions in the rental/lease agreements with their patrons:
a)
the hours of operation for watercraft rentals are limited to the hours
between 6:00 a.m. and 11:00 p.m.;
b)
all watercrafts, while on plane or overtaking, must be at least forty-five (45)
metres away from all other watercrafts;
c)
if a watercraft is not on full plane, it may come up to other boats; and
d)
all powered watercrafts must be operated a minimum of one-hundred fifty
(150) metres away from the shoreline, and never over the littoral shelf,
unless using the most direct route to and from shore, except when
entering a launch point or marina.
5.14 An owner or operator of a Business that rents or leases personal watercrafts must:
a)
record the name of the renter/leasee and the unit number of the watercraft
for each rental;
b)
ensure that all renters/leasees have a valid licence to operate the
watercraft;
c)
provide the renter/leasee with basic watercraft operating and safety rules
and instructions, prior to the rental or lease;
d)
ensure that all watercrafts are permanently marked with a minimum of 7.6
cm (3 in) high letters or numbers which identify the name of the rental
operator and the unit number of the watercraft; and
e)
patrol the areas in which their rented watercrafts are operated, in order to
enforce compliance with the requirements of this Bylaw.
Short-Term Rental
5.15 A Short-Term Rental (all classifications) must be operated at the Licensee's
principal residence.
5.16 Every Applicant for a Business Licence to operate a Short-Term Rental (all
classifications) must provide the Licence Inspector with the number of bedrooms
intended for operation and disclose whether meals are to be provided.
5.17 An owner or operator of a Short-Term Rental (all classifications) must:
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a)
maintain records, pursuant to the Hotel Guest Registration Act, to be
provided upon request to a Peace Officer or the Licence Inspector;
b)
post a copy of the fire evacuation plan, showing the location of exits, fire
extinguishers, and smoke detectors, in each guest room;
c)
accommodate no more than two (2) guests per bedroom up to a maximum
of eight (8) guests per dwelling unit at any one time;
d)
provide one designated parking spot on the Premises per bedroom, to be
used exclusively for patron vehicles, and clearly marked as such; and
e)
provide the City with the contact information of a responsible person that
must be available to attend the property where the short-term rental is
located, on behalf of the owner with the authority to address any concerns
or complaints, within 1 hour of a request made by the City.
5.18 A Short-Term Rental (Suite) must:
a)
be authorized to occupy by the City for each suite or accessory dwelling
unit subject to the Business Licence.
Special Events
5.19 Unless otherwise provided for in this Bylaw, every Person holding a special event
including mobile vendors shall obtain a special event Business Licence prior to
holding the special event, however;
a)
A licence for each mobile vendor at a special event is not required if the
Person coordinating the special event holds a valid licence for the mobile
vending for that special event; and
b)
The applicant for a special event Business Licence for a special event
being held on City property must submit, along with the licence
application, written authorization from the City to hold the special event on
City property with confirmation of acceptable comprehensive insurance
coverage naming the City as additional insured.
5.20 Street Performers and Buskers - Every applicant for a street performance and
busking licence must comply with the City's current Street Performance & Busking
Policy.
6.
ENFORCEMENT AND PENALTY
Inspection
6.1
Every owner or operator of a Business must provide any information with respect
to the Business as the Licence Inspector reasonably requests for the purpose of
ensuring that the requirements of this Bylaw are being fulfilled.
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6.2
Subject to the Community Charter, the Licence Inspector or any appointed officer
of the City engaged in the administration or enforcement of this Bylaw, are hereby
authorized to enter a Premises, vehicle, or other place in respect of which a
Business Licence has been applied for or granted pursuant to this Bylaw, at all
reasonable times to inspect and determine whether the regulations and
requirements of this or any other bylaw and the Business Licence are being
observed.
6.3
No person will obstruct the Licence Inspector or any appointed officer of the City
engaged in the administration or enforcement of this Bylaw.
6.4
Any Person who:
a)
Contravenes, violates, fails or neglects to comply or do anything required
by any provision of this Bylaw; or
b)
Suffers or allows any act or thing to be done in contravention of this Bylaw,
commits an offence and upon conviction will be liable to a fine of not more that fifty
thousand ($50,000) dollars, and where the offence is a continuing one, each day
that the offence is continued will constitute a separate offence.
6.5
This Bylaw may be enforced by:
a)
a Peace Officer or the Licence Inspector;
b)
proceedings brought under the Offence Act;
c)
means of a bylaw notice as authorized by the Local Government Bylaw
Notice Enforcement Act and fines imposed under the City's Bylaw Notice
Enforcement Bylaw No. 5250, as amended from time to time; or
d)
means of a municipal ticket information as authorized by the Community
Charter and fines imposed under the City's Municipal Ticket Bylaw No.
5300, as amended from time to time.
6.6
A Peace Officer or the Licence Inspector may refer any disputed bylaw notices to
adjudication and may represent the City in any related proceedings.
6.7
A Peace Officer or the Licence Inspector may refer any disputed municipal ticket
information to the Provincial Court and may represent the City in any related
proceedings.
No Duty of Care
6.8
Neither failure to enforce this Bylaw, nor any error, omission, or other neglect in
relation to a Business Licence issued under this Bylaw, will be interpreted as giving
rise to a cause of action in favour of any Person.
17
READ A FIRST TIME this
9th day of June, 2025
READ A SECOND TIME this
9th day of June, 2025
READ A THIRD TIME this
9th day of June, 2025
ADOPTED, this 15th day of July, 2025
________'Victor I. Cumming'______
_______'Sue Wood_____________
Mayor
Corporate Officer