Business License and Regulation Bylaw No. 952, 2016
View Royal, British Columbia
· adopted 2016-01-01
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TOWN OF VIEW ROYAL
Business License Bylaw No. 952, 2016
A Bylaw for the Licensing and Regulation of Business
"Consolidated for Convenience"
BUSINESS LICENSE AND REGULATION BYLAW No. 952, 2016
TABLE OF CONTENTS
ITEM
PAGE NO.
Citation....................................................................................................................................................... 7
Purpose of Bylaw ....................................................................................................................................... 7
PART 1 - INTERPRETATION ....................................................................................................................... 7
Definitions .................................................................................................................................................. 7
Application ................................................................................................................................................. 9
Words Not Defined in This Bylaw .............................................................................................................. 9
Severability ................................................................................................................................................ 9
Duty of Care .............................................................................................................................................. 9
Administrative Directions ........................................................................................................................... 9
Headings.................................................................................................................................................... 9
PART 2 - LICENCE INSPECTOR ................................................................................................................. 9
Appointment of License Inspectors ........................................................................................................... 9
License Inspector's Powers ..................................................................................................................... 10
Revoking of Business Licence................................................................................................................. 10
Right of Entry ........................................................................................................................................... 10
PART 3 - LICENCE REQUIRED ................................................................................................................. 10
License Fee ............................................................................................................................................. 11
Forms ....................................................................................................................................................... 11
Effect of License ...................................................................................................................................... 11
License Renewal ..................................................................................................................................... 11
PART 4 - REQUIREMENTS ....................................................................................................................... 12
Display of License ................................................................................................................................... 12
Advertising ............................................................................................................................................... 12
Circus or Carnival .................................................................................................................................... 12
Shows ...................................................................................................................................................... 12
Recycling Depot ...................................................................................................................................... 12
Peddlers................................................................................................................................................... 12
Municipally Owned Lands........................................................................................................................ 13
Occupancy Permit ................................................................................................................................... 13
Trade Qualifications ................................................................................................................................. 13
Garage Sales ........................................................................................................................................... 13
Part 5 - OFFENCES - PENALTIES ............................................................................................................. 13
Offence .................................................................................................................................................... 13
Penalties .................................................................................................................................................. 14
PART 6 - EFFECTIVE DATE ..................................................................................................................... 14
PART 7 - MISCELLANEOUS ..................................................................................................................... 14
Repeal ..................................................................................................................................................... 14
Schedules ................................................................................................................................................ 14
SCHEDULE A ............................................................................................................................................. 16
SCHEDULE B ............................................................................................................................................ 17
SCHEDULE B (continued) .......................................................................................................................... 18
Business License and Regulation Bylaw No. 952, 2016 - consolidated to February 2020
Page 7
TOWN OF VIEW ROYAL
BYLAW NO. 952, 2016
A BYLAW FOR THE LICENSING AND REGULATION OF BUSINESS
Citation
1.
This Bylaw may be cited as the "Business License and Regulation Bylaw No. 952,
2016".
Purpose of Bylaw
2.
To provide licensing and regulations for businesses operating within the Town of View
Royal and for the issuance of Intermunicipal Business Licenses.
PART 1 - INTERPRETATION
Definitions
3.
In this bylaw, unless the context otherwise requires:
"Apartment"
means a building, which contains three or more dwelling units
with each dwelling unit having its principal access from an
entrance or hallway or exterior walkway common to other
dwelling units.
"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, this but does not include an activity carried on by the
government, its agencies or government owned corporation or
by a charitable, philanthropic or religious organization where
the whole of the proceeds of the activity are used solely for
charitable, philanthropic or religious purposes.
"Daily Licence"
means a business license for craft fairs, exhibitions or other
itinerant shows; or entertainment.
"Drug Paraphernalia"
means any product, good, ware, merchandise, equipment,
thing or material of any kind primarily used to produce,
process, package, store, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance as
defined in the Controlled Drugs and Substances Act.
"Floor Area"
means all the floor space contained within the building or
buildings, structure or structures within which the said trade,
business or occupation is carried on.
Business License and Regulation Bylaw No. 952, 2016
Page 8
"Home Crafts"
are articles made by hand such as jewellery, dolls, woodcrafts
stuffed animals, holiday art, toys, greeting cards, candles,
soap, flower arranging, clothing and fabric art.
"Home Occupation"
means the accessory use of a residential dwelling unit by its
resident for commercial purposes other than home crafts,
provided that the use is secondary to the use of the dwelling
unit for residential purposes and that it does not change the
residential character.
"Intercommunity
means a business license issued by a municipality that is party
Business License"
to the Intercommunity Business License Partnership.
"Intermunicipal
means a business license issued by a municipality that is
Business License"
party to the Intermunicipal Business License Agreement
authorized by the Intermunicipal Business License Agreement
Authorization Bylaw, 1999 No. 364 and any amendments,
replacement bylaw and agreements.
"License Inspector"
means the person from time to time duly appointed as
Business License Inspector for the municipality and also any
person lawfully acting in that capacity.
"Municipal Council"
means the Municipal Council of the Town of View Royal.
"Municipality"
means the Town of View Royal.
"Non-Resident
means a business other than a resident business carried on
Business"
within the Town of View Royal or with respect to which any
work or service is performed within the Town.
"Peddler"
means a person engaged in the business of selling directly to
the public by calling from premise to premise, or by setting up
a temporary business on property in order to expose samples,
take orders, and/or offer for sale, wares or merchandise of any
kind but excludes garage sales by a resident of the property.
"Person"
shall include a corporation, partnership, proprietorship, firm
and the personal or other legal representative of a person to
whom the context may apply under this bylaw.
"Premise"
includes a store, office, warehouse factory building, enclosed
yard, house or other place or any part thereof occupied or
used by any person for the purpose of any business, trade or
occupation and also includes any area situated within any of
the foregoing, where more than one separate and/or distinct
class or classification of business is carried out.
"Pub"
includes any place where alcoholic liquor is sold to be
consumed on site (saloon, inn, hotel, etc.) but excludes
restaurants.
"Recycling Depot"
includes any premise used for the collection and shipping of
recyclable materials.
Business License and Regulation Bylaw No. 952, 2016
Page 9
"Resident Business"
means a business carried on in or from premises within the
Town of View Royal.
"Shows"
includes live entertainment or other forms of entertainment,
dances, trade shows and other public shows.
"Trade
means written evidence that a person has completed an
Qualification"
apprenticeship or is certified for a specific trade with the
Ministry of Ministry of Jobs, Tourism and Skills Training
Application
4.
This bylaw applies to all land (including the surface of water), buildings or structures
within the boundaries of the Town of View Royal subject to Provincial and Federal
enactments.
Words Not Defined in This Bylaw
5.
All other words and phrases appearing in both this bylaw and the Community Charter
shall bear the same meaning in this bylaw as they bear where they appear in the
Community Charter.
Severability
6.
If any section, subsection, sentence, clause, or phrase of this bylaw is for any reason
held to be invalid by any court of competent jurisdiction, the decision shall not affect the
validity of the remaining portions of this bylaw.
Duty of Care
7.
This bylaw does not create any duty of care whatsoever on the Municipality, the Council
Members, Officers, License Inspector, or any employees or agents of the Municipality in
respect of:
(1) the issuance of a license;
(2) inspection made by the License Inspector or failure to make an inspection;
(3) the enforcement of this bylaw.
Administrative Directions
8.
Words defining the responsibilities and authority of the License Inspector shall be
construed to be an internal administrative direction and not as creating a duty.
Headings
9.
Section headings do not form part of this bylaw. They are included for convenience only
and must not be used in interpreting this bylaw.
PART 2 - LICENCE INSPECTOR
Appointment of License Inspectors
Business License and Regulation Bylaw No. 952, 2016
Page 10
10.
The Council may by resolution appoint a License Inspector and one or more Deputy
License Inspectors, who are authorized to carry out and administer the provisions of this
bylaw.
License Inspector's Powers
11.
(1)
The License Inspector may grant a Business License when satisfied that the
applicant has complied with the requirements of this and all other applicable
bylaws.
(2)
Pursuant to Section 60 of the Community Charter the License Inspector may
refuse to grant a Business License when not satisfied that the applicant has
complied with the requirements of this and all other applicable bylaws.
(3)
Pursuant to Section 60 of the Community Charter, if the License Inspector
refuses to issue a Business license the applicant is entitled to have Council
reconsider the matter.
Revoking of Business Licence
12.
Pursuant to section 60 of the Community Charter the Municipal Council may suspend or
cancel a license for reasonable cause.
Right of Entry
13.
Every License Inspector, Fire Inspector, and Bylaw Enforcement Officer of the
Municipality may enter at all reasonable times on any property that is subject to this
bylaw to ascertain whether the regulations in this bylaw are being observed.
PART 3 - LICENCE REQUIRED
License Required (subject to Community Charter))
14.
(1)
No person shall carry on a business within the Town of View Royal without first
obtaining a Town of View Royal Business License and paying a fee as described
for such business under Schedule A or be the holder of a valid intermunicipal
business license.
(2)
Where a business is carried on, in or from more than one premise within the
Municipality, the business being carried on from each premise shall be deemed
to be a separate business.
(3)
Where a business is carried on, in or from a premise within the Municipality and
also provides services within other municipalities, this business must obtain a
business license for its premises and an intermunicipal business license.
(4)
Any person who carries on more than one business from any one premise shall
obtain a separate license for each business.
(5)
No person shall transfer a place of business without first making an application to
the License Inspector. After receiving an application and payment of a fee as
specified within Fees and Charges Bylaw No. 958 and subject to the approval of
the License Inspector, the license will be transferred.
(Bylaw No. 958, 2016)
Business License and Regulation Bylaw No. 952, 2016
Page 11
(6)
Upon any change in the nature, character, kind or description of the business
carried on by the holder of said license within the Municipality or engaging in any
further or additional business therein, it shall be the duty of the license holder to
pay forthwith for any further or additional licenses as shall be applicable or
required.
License Fee
15.
Every person who applies for a Business License shall pay at the time of application, the
applicable license fee as prescribed in Fees and Charges Bylaw No. 958 provided that:
(Bylaw No. 958, 2016)
(1)
Except as hereinafter provided, licenses shall be granted for a one-year period to
commence the first day of January and to terminate the thirty-first day of
December in each and every year.
(2)
The license fee prescribed in this bylaw shall be reduced by one-half in respect
of a business that becomes liable to be licensed after the thirtieth day of June in
any year.
(3)
No refund of the annual license fee shall be made on account of any person
ceasing to do business at any time. A license fee shall be refunded only if the
application is withdrawn prior to issuance of the Business License or if issuance
of a Business License is refused.
Forms
16.
Every person applying for a license or for the transfer of a license shall complete the
forms prescribed by the License Inspector for such purpose.
Effect of License
17.
(1)
A Business License is not a representation or warranty that the licensed business
complies with the bylaws of the Municipality or with any other regulations or
standards.
(2)
A Business License authorizes only the person named in the Business License to
carry on only the business described in the Business License, only at the
premises or locations described in the Business License.
License Renewal
18.
The License Inspector shall make available to all licensees an invoice and renewal form
on or before the fifteenth day of December each year.
(1)
A licensee who proposes to renew a Business License shall obtain, complete
and submit the renewal form and annual license fee to the License Inspector not
later than January 31 each year.
(2)
If a Business License is not renewed as required by part 3 Section 15(1) a
licensee who wishes to continue to carry on the business shall submit an
application form in accordance with part 3 and shall pay an additional license fee
as specified in Fees and Charges Bylaw No. 958.
(Bylaw No. 958, 2016)
Business License and Regulation Bylaw No. 952, 2016
Page 12
PART 4 - REQUIREMENTS
Display of License
19.
A Business License must be prominently displayed in the sales or reception area of a
premise to which the public has access. A business that holds an Intermunicipal
Business License must at all times keep its Business License or a legible copy thereof.
Advertising
20.
No person shall advertise the carrying on of a business in the Municipality unless a
Business License has been issued for that business.
Circus or Carnival
21.
(1)
A Circus or Carnival shall maintain a comprehensive liability policy of insurance
for $5,000,000.00 inclusive limits, covering bodily injury, death and property
damage including loss thereof and shall produce proof of such insurance to the
License Inspector with the application for a Business License.
(2)
The operator of the Circus or Carnival shall ensure that each ride has an elevator
inspection plate showing the last inspection of the ride.
Shows
22.
Any person operating a show or dance for persons under the age of nineteen or at
shows or dances not under a liquor license shall:
(1)
operate the show between the hours of 7:00 p.m. and 1:00 a.m.;
(2)
be required to provide one security guard from a recognized security company or
a Peace Officer for every 30 persons licensed to be in the facility for which the
show is held;
(3)
the security guards or Peace Officers will control the grounds around the show
premise as well as the premise itself.
Recycling Depot
23. Any person operating a recycling depot shall:
(1)
operate a recycle depot fully enclosed within a building or in containers if stored
outside of a building;
(2)
be permitted to sell recycled material from the premise to walk in customers but
must deliver the material received for disposal to a recycling plant.
Peddlers
24. All peddlers shall when conducting or attempting to conduct business:
(1)
state to any person with whom they are conducting or attempting to conduct
business the name of the business or organization with whom they are
associated, affiliated or representing;
Business License and Regulation Bylaw No. 952, 2016
Page 13
(2)
state to any person with whom they are conducting or attempting to conduct
business their full legal name, consisting of all personal names and surname;
(3)
have affixed to their clothing and clearly visible to the public, an identification
card on which is printed their full legal name and on which is affixed their
photograph, said photograph being not smaller than passport size, namely 5cm
by 5cm;
(4)
display to any person inquiring, a copy of a valid Business License;
(5)
have a letter of permission from the owner of the real property when setting up
business on private property.
Municipally Owned Lands
25.
No person shall offer for sale, lease or rent, any goods or merchandise on any streets,
boulevards, parks and recreation facilities within the municipality, unless permission is
obtained from the Municipal Council.
Occupancy Permit
26.
No person shall occupy or permit occupancy of a new or remodelled premise for the
purpose of carrying on a business unless the Municipal Building Official has issued an
occupancy permit for the premise.
Trade Qualifications
27.
Any person applying for a business license in an occupation, which is within the
jurisdiction of the Ministry of Jobs, Tourism and Skills Training, must present proof of
Trade Qualification at the time of application.
Garage Sales
28.
Any occupier of a property who conducts more than three garage sales within one
calendar year requires a business license. Each such sale shall be not longer than 3
consecutive days.
Drug Paraphernalia
29.
Drug paraphernalia sales do not fall under Commercial Small or Commercial Large Fee
Classification under Schedule A unless the premises are licensed as a pharmacy under
the Pharmacists, Pharmacy Operations and Drug Scheduling Act.
30.
No person can operate a business for the purposes of selling drug paraphernalia except
between the hours of 8:00 a.m. and 6:00 p.m.
Part 5 - OFFENCES - PENALTIES
Offence
31. It is an offence for any person to:
(1)
carry on a business for which a Business License is required pursuant to this
bylaw without holding a valid and current Business License for the business;
Business License and Regulation Bylaw No. 952, 2016
Page 14
(2)
tender a cheque or other negotiable instrument in full or partial payment of any
license fee payable hereunder, if said cheque or negotiable instrument is
fraudulent;
(3)
fail to display a valid and subsisting business license as required by the
provisions of this bylaw;
(4)
fail to furnish any information or documentation as required by the provisions of
this bylaw;
(5)
carry on or remain open for business after receiving notice that the business
license has been suspended or revoked;
(6)
violate any provisions of this bylaw;
(7)
suffer or permit any act to be performed in violation of this bylaw;
(8)
neglect or refrain from fulfilling all requirements or provisions of this bylaw.
Penalties
32.
(1)
Any person who commits an offence under this bylaw is punishable in
accordance with the Offence Act of British Columbia.
(2)
No person shall do any act or suffer or permit any act or thing to be done in
contravention of this Bylaw. Every person who contravenes this Bylaw by wilfully
doing any act which it forbids, or wilfully omitting to do any act which it requires to
be done, is guilty of an offence and is liable, on summary conviction, to a fine of
not less than $500.00 and not more than $10,000.00. A separate offence shall
be deemed to be committed upon each day during and in which the
contravention occurs or continues. The penalties imposed under this section
shall be in addition to and not in substitution for any other penalty or remedy
imposed by this Bylaw.
(3)
Notwithstanding anything herein contained, the amount of any and every license
fee payable by any person pursuant to the provisions of this Bylaw shall be a
debt due by that person to the Municipality, which shall be recoverable together
with any costs in any court of competent jurisdiction.
PART 6 - EFFECTIVE DATE
33.
This bylaw shall come into effect on January 1, 2017.
PART 7 - MISCELLANEOUS
Repeal
34.
Business License and Regulation Bylaw No. 580, 2004 is hereby repealed on January 1,
2017 except insofar as it repeals any other bylaw.
Schedules
Business License and Regulation Bylaw No. 952, 2016
Page 15
35.
Schedules A and B are attached hereto forming a part of this bylaw.
READ A FIRST TIME THIS 5th DAY OF JULY, 2016
READ A SECOND TIME THIS 5th DAY OF JULY, 2016
READ A THIRD TIME THIS 5th DAY OF JULY, 2016
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH
THE SEAL OF THE TOWN OF VIEW ROYAL THIS 19th DAY OF JULY, 2016
MAYOR
CLERK
Business License and Regulation Bylaw No. 952, 2016 - consolidated to February 2020
Page 16
SCHEDULE A
(Deleted by Bylaw No. 958, 2016)
Business License and Regulation Bylaw No. 952, 2016
Page 17
SCHEDULE B
Classes of Business eligible for Intermunicipal Business License:
1.
Contractors all types - includes but not limited to:
Acoustics
Interior design
Alarm Systems
Irrigation
Alteration
Iron Worker
Appliance Repair
Janitorial Service
Aluminium Products
Land Clearing
Audio/Video Systems
Landscape Curbs
Bathroom Refinishing
Landscaping
Bricklayer
Lather
Building
Locksmith
Building Mover
Masonry
Building Washing
Mechanical
Bulldozing
Metal Worker
Cabinet Maker
Nursing Services
Carpenter
Oil Worker
Carpet Cleaning
Overhead doors
Chimney Cleaner
Painter
Cleaning Services
Painting and Decorating
Communication Systems
Paving
Concrete
Pest Control
Concrete Cutting and Coring
Pilings
Crack Sealing
Pipeline
Decks
Power Vacuum
Demolition
Power Washing
Diving
Plaster and Stucco
Doors
Plumbing
Drapery and Awnings
Plumbing and Heating
Dredging
Pools and Spas
Drilling and Blasting
Refrigeration and Air Conditioning
Driveway Sealing
Reinforcing Steel
Drywall and Plaster
Renovation
Electrical
Restaurant Equipment
Elevator
Restoration Service
Energy Conservation
Roofer/ Shingler
Excavating
Roof Inspection
Fencing
Sand Blaster
Fire Sprinkler
Sealant Roof and Driveway
Fireplaces
Sanitary Engineer
Floor Laying
Security Service
Furnace Repair
Sewer and Drain
Fuel Tanks
Sheet Metal
Garage Doors
Siding
Garbage Disposal
Sign
Garden Services
Solar Heating
Gas Fitter
Stucco
General Contractor
Telephones
Glazing
Tile Setter
Gutter Installation
Traffic Control
Handy Person
Traffic Control Maintenance
Hauling
Tree Service
Heat Pumps
Trucking
Heating
Ventilation
Home Improvement
Water Proofing
Home Repair
Welding
House Moving
Window Coverings
Industrial Flooring
Window Screens
Inspection Service
Woodworking
Business License and Regulation Bylaw No. 952, 2016
Page 18
SCHEDULE B (continued)
2.
Towing Services
3.
Mobile Sales and Service - Includes, but not limited to:
Massage Therapist
Facial Manicurist
Pet Sitter
Food, Beverage and Music Services
Photographer
Mobile Mechanic
Mobile Hairdresser/ Barber