Business Licence Bylaw No. 4455, 2005 (consolidated to Amendment 5329, 2024) — full text

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4066676v1 District of West Vancouver Business Licence Bylaw No. 4455, 2005 Effective Date - December 12, 2005 Consolidated for Convenience Only This is a consolidation of the bylaws below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaw on this subject. Amendment Bylaw Effective Date Bylaw No. 5329, 2024 April 29, 2024 Bylaw No. 5317, 2024 April 22, 2024 Bylaw No. 5238, 2023 June 1, 2023 Bylaw No. 5176, 2022 April 25, 2022 Bylaw No. 5137, 2021 July 27, 2021 Bylaw No. 5060, 2020 March 30, 2020 Bylaw No. 4656, 2010 December 13, 2010 Bylaw No. 4611, 2009 July 20, 2009 Bylaw No. 4596, 2009 June 22, 2009 The bylaw numbers in the margin of this consolidation refer to the bylaws that amended the principal bylaw (Business Licence Bylaw No. 4455, 2005). The number of any amending bylaw that has been repealed is not referred to in this consolidation. 4066676v1 District of West Vancouver Business Licence Bylaw No. 4455, 2005 Table of Contents Part 1 Citation ................................................................................................ 1 Part 2 Severability ......................................................................................... 1 Part 3 Previous Bylaw Repeal ....................................................................... 1 Part 4 Definitions ........................................................................................... 2 Part 5 Licence ................................................................................................ 7 5.1 Licence Requirement .......................................................................... 7 5.2 Licence Fee ........................................................................................ 8 5.3 Licence Applications ........................................................................... 8 5.4 Licence Periods .................................................................................. 9 5.5 Licence Changes ................................................................................ 9 5.6 Inspector's Powers and Duties .......................................................... 10 5.7 Council Reconsideration ................................................................... 10 Part 6 General Regulations ......................................................................... 11 Part 7 Specific Regulations.......................................................................... 11 7.1 Adult Publications ............................................................................. 11 7.2 Bed and Breakfasts ........................................................................... 12 7.3 Veterinary Clinics and Pet Care Establishments ............................... 12 7.4 Intermunicipal Business Licences and Intermunicipal TNS Business Licences ...................................................................................................... 12 7.5 Itinerant Shows and Special Events .................................................. 13 7.6 Child Care Facilities .......................................................................... 13 7.7 Prohibition of Animal Sales ............................................................... 14 7.8 Secondary Suites and Detached Secondary Suites .......................... 14 7.9 Sale of Bear Spray ............................................................................ 14 Part 8 Offences ............................................................................................ 15 Part 9 General ............................................................................................. 15 Part 10 Offence and Penalty ...................................................................... 15 Consolidated Business Licence Bylaw No. 4455, 2005 1 4066676v1 District of West Vancouver Business Licence Bylaw No. 4455, 2005 A bylaw to provide for the granting of business licences, to fix and impose licence fees and to regulate certain businesses in the District of West Vancouver. Previous amendments: Amendment Bylaws 4596, 4611, 4656, 5060, 5137, 5176, 5238, 5317, and 5329. WHEREAS the Council of the Corporation of the District of West Vancouver deems it expedient to provide for business licencing and to regulate the operation of businesses in the District; AND WHEREAS the Council of the Corporation of the District of West Vancouver wishes to protect the public and prevent or minimize nuisances and misleading business practices in the District; NOW THEREFORE the Council of the Corporation of the District of West Vancouver enacts as follows: Part 1 Citation 1.1 This bylaw may be cited as Business Licence Bylaw No. 4455, 2005. Part 2 Severability 2.1 If a portion of this bylaw is held 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 section, subsection, paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Business Licence Bylaw No.3024, 1982 (adopted on December 20, 1982) and all amendment bylaws are hereby repealed: Consolidated Business Licence Bylaw No. 4455, 2005 2 4066676v1 Part 4 Definitions 4.1 In this bylaw: "Adult Publication" means a book, pamphlet, magazine or other printed matter that contains a visual representation, including a photograph or image, of a person's genitals, anus or pubic area, or physical contact with a person's genitals, anus or pubic area; "Amusement Ride" means a mechanical rollercoaster, ferris wheel, merry-go-round or other similar ride and includes an electronic video booth; "Authorized Identification" means any one or more of the following, provided it is valid and is integrated with a photograph of the bearer: (a) driver's licence; (b) identity card issued by a Canadian province or territory; (c) Indigenous status card; (d) passport issued by a recognized government; (e) any other form of provincial or federal identification; "Automatic Teller Machine" means a machine that permits a customer to access and use certain financial services customarily provided by a Financial Institution, and includes such a machine that is located in or affixed to any premises, including the premises in which a Financial Institution operates its principal business if the machine can be accessed by customers outside of the Financial Institution's regular business hours; "Bear Spray" means a device containing capsaicin and other related capsaicinoids that is designed and labeled for use as a deterrent from attacks by bears or other animals; "Bed and Breakfast" means the provision of guest accommodation within a Single Family Dwelling for a fee that includes breakfast served in the Single Family Dwelling; "Business" means carrying on a commercial or industrial activity or undertaking of any kind or the provision of professional, personal or other services, for the purpose of gain or profit, but does not include an activity carried on by the Provincial government, corporations owned by the Provincial government, agencies of the Provincial government, or the Greater Vancouver Transit Authority or any of its subsidiaries; Amendment Bylaw No. 5329, 2024 Amendment Bylaw No. 5329, 2024 Consolidated Business Licence Bylaw No. 4455, 2005 3 4066676v1 "Charitable Soliciting (Over 90%)" means the business of collecting or receiving money or goods and the disposal or sale of goods and includes the sale of tickets for any form of entertainment or the drawing or other disposition of any prize, if 90% or more of the proceeds of the disposal or sale are, either directly or indirectly, given to a Registered Society; "Charitable Soliciting (Under 90%)" means the business of collecting or receiving money or goods and the disposal or sale of goods and includes the sale of tickets for any form of entertainment or the drawing or other disposition of any prize, if less than 90% of the proceeds of the disposal or sale are, either directly or indirectly, given to a Registered Society; "Child care (Licensed)" means the business of caring for children (which could additionally include the caregiver's own children) in or at one home, office, facility or other premises, subject to Provincial legislation and regulations, and may include group child care, multi-age care, in-home multi-age care, family child care, preschool and occasional child care. These facilities are monitored and regularly inspected by the health authority; "Child care (Unlicensed)" means the business of caring for children from birth to any age with a maximum group size of two children or a sibling group who are not related to them. These facilities are not monitored by the health authority; "Commercial Dog Walker" means a person who walks a dog or dogs for a fee; "Commercial Parking Facility" means premises in, on or at which Vehicles are parked for a fee, other than premises used exclusively for residential parking; "Commercial Recreation Facility" means a multi-purpose facility that offers instruction, equipment, or space to the public to engage in athletic, social or other recreational activities; "Contractor" means a person who carries on the business of constructing, altering, repairing, or maintaining buildings, structures, other improvements, or land, and includes those types of contractors listed in Schedule "B" of this Bylaw; "Cooking Facilities" means equipment, devices or appliances that can be utilized to prepare a meal within a dwelling unit and includes a sink, counter- top, gas or electric range or stove, counter-top cooking unit, hot plate, wall oven microwave oven, convection oven, toaster oven, electric frying pan, electric wok, pressure cooker, crock pot, cabinet for the storage of food or Amendment Bylaw No. 5176, 2022 Amendment Bylaw No. 5176, 2022 Consolidated Business Licence Bylaw No. 4455, 2005 4 4066676v1 any other such culinary facility or any combination of such culinary facilities and includes the arrangement of service lines which provide the energy source being used or intended to be used to service such facilities; "Cosmetic Service Provider" means a person, other than a person licenced by the B.C. College of Physicians and Surgeons, who carries on the business of providing cosmetic or grooming services in any of the following categories: hair cutting or styling, tanning, skin treatments, nail treatments, tattooing, or massage; "Detached secondary suite" means a detached dwelling unit accessory to a single family dwelling use. "Duplex" means one building containing two Single Family Dwellings that are structurally joined to one another; "Dwelling Unit" has the meaning ascribed to it by PART 1 Division 2 of Zoning Bylaw No. 2200, 1968; "Employee" means a person engaged in a business for remuneration, and includes an owner, partner, principal, joint venturer, limited partner or officer in respect of the business; "Entertainment Facility" means premises at a fixed address at which artistic, cultural, sporting, or other shows, productions, demonstrations, events or games take place, and in respect of which the public is invited to watch or participate for a fee; "Financial Institution" means a bank, credit union, trust company or other similar business that, among other things, accepts deposits, invests money, or lends money; "General Business Services" means a business that provides services to a client base that is largely comprised of companies or other businesses rather than individual persons and does not fall under any other category of business in this Bylaw; "General Personal Services" means a business that provides services to a client base that is largely comprised of individual persons rather than companies or other businesses and does not fall under any other category of business in this Bylaw; "Inspector" means the Manager of Bylaw and Licencing Services or any other person appointed from time to time by Council for the purpose of enforcing and carrying out the provisions of this Bylaw; Amendment Bylaw No. 5137, 2021 Consolidated Business Licence Bylaw No. 4455, 2005 5 4066676v1 "Instructional Services" means the business of providing instruction or training to individuals or groups with respect to a specific activity or skill, including without limitation, instruction in academics, music, dance, language, and computers, but does not include instruction at a school that is established pursuant to an enactment of the federal or provincial government or instruction at a Commercial Recreation Facility; "Intermunicipal Business Licence" means a licence that allows the holder of the licence to carry on business within two or more of the Member Municipalities; "Intermunicipal TNS Business Licence" means an inter-municipal business licence issued to a TNS Business by the City of Vancouver; "Itinerant Show" means a production, demonstration or game of any kind that people observe or attend for a fee and that is presented or held less than 25 times in any year; "Laundry Facility" means premises that contain one or more coin- operated machines that wash or dry clothing; "Licence" means a business licence issued by the District, an Intermunicipal Business Licence, or an Intermunicipal TNS Business Licence"; "Liquor Licenced Restaurant" means a Restaurant where customers may only consume alcohol if they also order food, and in respect of which premises a licence is required or obtained from the Provincial government pursuant to the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267; "Marina" means premises or structures in, on, or adjacent to water, at which boats are moored; "Member Municipalities" mean the City of North Vancouver, the District of North Vancouver, or the District of West Vancouver; "Microbrewery, Winery and Distillery" means a premises, licensed under the Liquor Control and Licensing Act, on which there is manufacturing and associated processing, packaging and storage of beer, cider, wine, or spirits for sale to business customers and, subject to terms of the Manufacturer Licence, shall include ancillary retail sale of these liquor products and related non-liquor products to the public within the manufacturer's store and lounge; "Passenger Transportation Act" means the Passenger Transportation Act, SBC 2004, c. 39, as the same may be amended from time to time; Amendment Bylaw No. 5060, 2020 Amendment Bylaw No. 5060, 2020 Amendment Bylaw No. 5060, 2020 Amendment Bylaw No. 5238, 2023 Amendment Bylaw No. 5176, 2022 Consolidated Business Licence Bylaw No. 4455, 2005 6 4066676v1 "Peddler" means a person who sells or offers for sale goods to be immediately delivered to a customer from a temporary or moveable structure or Vehicle and not from a fixed address; "Pet Care Establishment" means the business of providing grooming, training, or day care with respect to any type of domestic animal; "Pub" means premises where customers may order or consume alcoholic beverages with or without food, and for which a licence is required or obtained from the Provincial government pursuant to the Liquor Control and Licensing Act, R.S.B.C. 1996, c.267; "Registered Society" means a not-for-profit society that is in good standing and registered with the Registrar of Companies under the Society Act, R.S.B.C. 1996, c. 433; "Restaurant" means premises at a fixed address where prepared food, beverages, or both are served to the public for a fee, and includes a coffee shop or counter, a tea house, or a juice bar; "Retail Liquor Store" means premises at which bottled or packaged alcoholic beverages for consumption at premises other than the retail liquor store premises are sold or offered for sale; "Rooms for Rent" means the provision of two or more rooms or suites of rooms on one parcel, with or without cooking facilities, that are rented or leased on a periodic basis, and includes, without limitation, apartment buildings, hotels, and motels, but does not include a Bed and Breakfast or rooms for rent in a lawful Duplex or Single Family Dwelling; "Secondary Suite" means a Dwelling Unit accessory to a single family or two family dwelling use; "Service (Professional)" means the business of practicing any of the following professions in accordance with a federal or provincial licence or standard: accountant, agrologist, architect, chiropractor, dentist, ecologist, engineer, financial consultant, forester, land surveyor, lawyer, naturopathic physician, notary public, optometrist, orthodontist, osteopath, pharmacist, physician, physiotherapist, podiatrist, psychiatrist, psychologist, radiologist, registered psychiatric nurse, or surgeon; "Single Family Dwelling" means a building containing two or more rooms with only one set of cooking facilities, used or intended to be used together for the domestic purposes of one or more persons; Amendment Bylaw No. 4656, 2010 Consolidated Business Licence Bylaw No. 4455, 2005 7 4066676v1 "Special Event" means a farmers' market, craft fair, bake sale, auction, or other gathering of people at a temporary location for selling, offering for sale, bartering, or buying goods or services; "Storage" means the business of storing chattels for a fee; "TNS Business" means a person carrying on the business of providing Transportation Network Services; "Transportation Network Services" has the meaning set out in the Passenger Transportation Act; "Vehicle" means any device in, on or by which a person or thing can be transported on land; "Vehicle for Hire Service" means the provision of a Vehicle with a driver for a fee, but excludes TNS Businesses; "Vending Machine" means a machine or device operated by the insertion of a coin, slug or card for the purpose of selling or dispensing any merchandise or providing music, games, amusement or services of any kind, but does not include an Automatic Teller Machine or a coin-operated washer or dryer; "Veterinary Clinic" means the business of providing medical treatment to animals with or without accessory Pet Care Establishment services, and includes overnight boarding of patient animals. Part 5 Licence 5.1 Licence Requirement 5.1.1 A person must not carry on any business in the District without a valid and subsisting Licence issued to that person for that business. 5.1.2 Every person who operates a business at more than one premises must apply for and maintain a separate Licence in respect of each separate premises. 5.1.3 Every person who operates more than one business at one premises must apply for and maintain a separate Licence in respect of each business. 5.1.4 Every licence issued shall be deemed to be a personal licence to the licencee therein named, and shall not be transferable to another person. Amendment Bylaw No. 5060, 2020 Amendment Bylaw No. 5060, 2020 Amendment Bylaw No. 5060, 2020 Consolidated Business Licence Bylaw No. 4455, 2005 8 4066676v1 5.1.5 A person must not carry on business in or on any premises other than those identified on the Licence without first making an application for a new Licence or a change to the Licence under section 5.5.1 5.1.6 Every holder of a Licence must keep a copy of the Licence posted in a conspicuous place in the premises, Vehicle, place or structure in respect of which the business is carried out or undertaken and for which the Licence is issued. 5.2 Licence Fee 5.2.1 Every person applying for a Licence must, at the time of making the application, pay to the District the fee for the business as specified in the "Fees and Charges Bylaw No. 5025, 2019". 5.2.2 Despite section 5.2.1, the Licence fee prescribed in the "Fees and Charges Bylaw No. 5025, 2019" is reduced by one-half in respect of a business that comes into existence after July 31st in any year, except this reduction is not available for: (a) Special Events (b) businesses for which the Licence fee is calculated on a daily basis; or, (c) business licences for Secondary Suites or Detached Secondary Suites. 5.2.3 Despite s. 5.2.1 the business licence fee for the categories Secondary Suites and Detached Secondary Suites shall be reduced by $100.00 after July 31 in any year." 5.3 Licence Applications 5.3.1 Every application for a Licence under this Bylaw must: (a) be made to the Inspector on the form provided for that purpose; (b) be signed by the owner of the business or his or her or its agent authorized in writing by the owner; and (c) contain the following information: (i) a description of the nature of the business; (ii) a description of the business premises, including its Amendment Bylaw No. 5137, 2021 Amendment Bylaw No. 5137, 2021 Amendment Bylaw No. 5137, 2021 Consolidated Business Licence Bylaw No. 4455, 2005 9 4066676v1 civic address; (iii) the square footage of the premises; (iv) the number of Employees engaged in the business at the premises; (v) the number of Automatic Teller Machines, Rooms For Rent, parking spaces, marine berths, laundry machines, Vehicles for hire, and Vending Machines, if applicable; and (vi) proof of any certification, approval or qualification which may be required by a federal, provincial or municipal authority with respect to the business. 5.4 Licence Periods 5.4.1 Licences issued under this Bylaw are for the period commencing January 1st and expiring December 31st of each year. 5.4.2 Despite section 5.4.1, a Licence for an Entertainment Facility is for the period specified in the application, but may not exceed a period of six months. 5.4.3 Despite section 5.4.1, a Licence for an Itinerant Show, Special Event, Charitable Soliciting (Over 90%) or Charitable Soliciting (Under 90%) is for one day. 5.4.4 Despite section 5.4.1 the validity of a Licence for Temporary Accommodation shall not exceed the Games Period. 5.5 Licence Changes 5.5.1 For the purpose of this section, "change" means: (a) a change to the location of the premises or place of business for which the Licence was issued; (b) a change to the name of the business; (c) a change to a term or condition on which the Licence was issued; and (d) a change that would increase the Licence fee payable by the Licence holder under Schedule "A" or Schedule "B" to this Bylaw. 5.5.2 Before undergoing any change listed in section 5.5.1, the holder of Consolidated Business Licence Bylaw No. 4455, 2005 10 4066676v1 a Licence under this Bylaw must apply to the Inspector for a Licence change on the form provided for that purpose. 5.5.3 A person applying for a licence change under to section 5.5.1(d) must, at the time of making the application, pay to the District the amount by which the Licence fee under Schedule "A" or Schedule "B" to this Bylaw will increase. 5.6 Inspector's Powers and Duties 5.6.1 On receipt of an application and before issuing any Licence or authorizing a change with respect to an existing Licence, an Inspector may: (a) at a reasonable time and in a reasonable manner, inspect the premises for which the Licence or the change to an existing Licence is sought; and (b) require the applicant to provide proof of any certification, approval, or qualification which may be required by a federal, provincial or municipal authority with respect to the business. 5.6.2 A Licence is issued on terms or conditions imposed in respect of that business by this Bylaw or in any other enactment. 5.6.3 An Inspector may refuse, suspend, or cancel a Licence or impose terms and conditions with respect to a Licence in relation to: (a) the duration of the Licence; (b) the hours of operation of the business; (c) the maximum number of occupants allowed at the premises; or (d) terms or conditions to ensure compliance with this Bylaw or another enactment. 5.6.4 An Inspector must maintain and keep a record of each Licence issued, suspended and cancelled under this Bylaw. 5.6.5 Subject to section 16 of the Community Charter, S.B.C. 2003, c.26, an Inspector may enter business premises at a reasonable time to inspect and determine whether the regulations and requirements of this Bylaw are being met. 5.7 Council Reconsideration Consolidated Business Licence Bylaw No. 4455, 2005 11 4066676v1 5.7.1 An applicant or Licence holder who wishes Council to reconsider an Inspector's decision to refuse, suspend or cancel a Licence must, within ten business days of the date of the refusal, suspension or cancellation, deliver to the Municipal Clerk a written request stating the grounds upon which the request is based. 5.7.2 The Municipal Clerk must refer to Council a request made under section 5.7.1 and notify the applicant or Licence holder of the time and place at which Council will reconsider the Inspector's decision. Part 6 General Regulations 6.1 It is a term and condition of every Licence under this Bylaw that a person who owns or operates a business must not cause, allow or permit: (a) an odour to escape from the premises including odours from garbage generated by that business, whether through a ventilation fan or otherwise, that is perceptible in residential premises and disturbs, or is likely to disturb, the enjoyment, comfort or convenience of an individual in the residential premises, or (b) a noise to emanate from the premises whether from a ventilation fan or otherwise, that is perceptible in residential premises and disturbs, or is likely to disturb, the enjoyment, comfort or convenience of an individual in the residential premises. Part 7 Specific Regulations 7.1 Adult Publications 7.1.1 A person must not sell, offer to sell, or display for sale in any premises an Adult Publication unless the publication is: (a) located on a shelf, the bottom edge of which is at least 119 cm (47 inches) from the floor; and (b) placed behind an opaque cover which extends the full length of the shelf on which the publication is placed and which extends vertically at least 20 cm (8 inches) from the bottom of the shelf. Consolidated Business Licence Bylaw No. 4455, 2005 12 4066676v1 7.2 Bed and Breakfasts 7.2.1 A person carrying on the business of a Bed and Breakfast must: (a) reside in the Single Family Dwelling in which the Bed and Breakfast is located; and (b) not concurrently rent to guests or tenants any portion of the Single Family Dwelling other than the portion in which the Bed and Breakfast is located. 7.3 Veterinary Clinics and Pet Care Establishments 7.3.1 A Veterinary Clinic and a Pet Care Establishment must have a public entrance for both vehicular and pedestrian access directly to a public highway. 7.3.2 A person must not carry on the business of a Veterinary Clinic or a Pet Care Establishment outside of an enclosed building. 7.3.3 The number of dogs permitted at any time in a building, structure or other premises containing a Pet Care Establishment is limited to the lesser of: (a) 15 dogs; and (b) One dog per 50 square feet of premises used exclusively by the Pet Care Establishment for the care of dogs. 7.4 Intermunicipal Business Licences and Intermunicipal TNS Business Licences 7.4.1 An application for a Licence to carry on a type of business listed in Schedule "B" to this Bylaw may, at the option of the applicant, be treated as an application for an Intermunicipal Business Licence. 7.4.2 A person applying for an Intermunicipal Business Licence must, at the time of making the application, pay to the District the fee for the a Licence as specified in Schedule "B" to this Bylaw. 7.4.3 An Inspector may not issue an Intermunicipal Business Licence if the applicant does not have a store, branch, premises or place of business located within the District. 7.4.4 The holder of a valid and subsisting Intermunicipal Business Licence may carry on business in any or all of the Member Municipalities as if the holder had applied for and received a business licence in each Member Municipality. Amendment Bylaw No. 5060, 2020 Consolidated Business Licence Bylaw No. 4455, 2005 13 4066676v1 7.4.5 A person must not carry on business in the District if a Member Municipality has refused, suspended or cancelled the Intermunicipal Business Licence for that business. 7.4.6 A person who carries on more than one business listed in Schedule "B" to this Bylaw in the District must have a separate Licence for each business. 7.4.7 In addition to the powers and duties of the Inspector set out in sections 5.6.1 to 5.6.5, an Inspector may consider evidence provided to him or her by a Member Municipality when determining whether to issue, suspend, or cancel or to impose terms and conditions on, an Intermunicipal Business Licence. 7.4.8 Notwithstanding that a TNS Business holds a valid and subsisting Intermunicipal TNS Business Licence, it must still apply for and maintain a Licence from the District in connection with each premises at which the TNS Business carries on business in the District, in accordance with section 5.1.2. 7.5 Itinerant Shows and Special Events 7.5.1 A person must not carry on an Itinerant Show or Special Event in which animals are treated in an inhumane manner. 7.5.2 Any person who applies for a Licence for an Itinerant Show or Special Event that involves one or more Amusement Rides must obtain, and maintain for the duration of the licence, comprehensive public liability insurance that contains coverage in the amount of at least $5,000,000 all-inclusive per occurrence for bodily injury, death and property damage or loss, and must name the District as an additional named insured party. 7.5.3 An Inspector may not issue a Licence for which insurance is required pursuant to section 7.5.2 unless the applicant, at the time of applying for the Licence, provides the Inspector with proof of the required insurance. 7.6 Child Care Facilities 7.6.1 Any person who applies for a Licence for a Child Care facility must notify, in writing, owners and occupiers of all properties within a radius of ninety (90) metres of the property proposed for the facility of the following information: (a) the maximum number of children the facility is intended to accommodate, (b) the hours of operation. Amendment Bylaw No. 5060, 2020 Consolidated Business Licence Bylaw No. 4455, 2005 14 4066676v1 7.6.2 Any person who applies for a Licence for a Child Care facility must submit a Traffic Management Plan to the Inspector clearly depicting: (a) the existing onsite and on-street parking availability and any proposed changes (b) access and egress from the site. (c) the proposed strategy for reducing the impact the additional traffic may have on the neighbourhood. 7.7 Prohibition of Animal Sales 7.7.1 No person carrying on the business of retail or wholesale sales of animals, including but not limited to domesticated animals, fish, birds, and reptiles, shall allow any rabbit to be sold or offered for sale. 7.8 Secondary Suites and Detached Secondary Suites 7.8.1 Every registered owner of a lot containing a detached secondary suite or a secondary suite must licence the suite. 7.9 Sale of Bear Spray 7.9.1 A person carrying on a business that sells or offers to sell bear spray must not: (a) sell bear spray to a person under 19 years of age; and (b) sell bear spray to a person who does not provide authorized identification verifying that they are 19 years of age or older. 7.9.2 Every person carrying on a business that sells or offers to sell bear spray must: (a) keep the bear spray in a locked area, or in an area otherwise inaccessible to the public; (b) make a record of each sale of bear spray, including the date and time of sale, the product name and quantity sold, the name and address of the purchaser, the type of authorized identification provided by the purchaser, and the identification number on the identification provided; (c) keep the record referred to in subsection (b) for a period of 12 months from the date of sale; and Amendment Bylaw No. 5137, 2021 Amendment Bylaw No. 5329, 2024 Consolidated Business Licence Bylaw No. 4455, 2005 15 4066676v1 (d) make the record referred to in subsection (b) available to the Inspector upon request, for the purposes of verifying compliance with this bylaw. Part 8 Offences 8.1 A person who: 8.1.1 carries on a business without a holding a valid Licence for that business; 8.1.2 fails to display a valid Licence as required by this Bylaw; 8.1.3 fails to provide any documentation or information as required by this Bylaw; 8.1.4 carries on or remains open for business after receiving notice that the Licence for that business has been suspended or cancelled; 8.1.5 breaches any term or condition of his or her Licence; or 8.1.6 violates any provision of this Bylaw commits an offence of this Bylaw, and is liable on conviction to a fine or penalty of up to $10,000 for each offence. Part 9 General 9.1 If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction, it shall be severed from the Bylaw and the remaining portions shall remain in full force and effect as if the Bylaw had been enacted without the invalid portion. 9.2 Schedules "A" and "B" attached hereto form a part of this Bylaw. Part 10 Offence and Penalty 10.1 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects or refrains from doing anything required by a provision of this bylaw, is guilty of an offence and is liable, upon summary Amendment Bylaw No. 5317, 2024 Consolidated Business Licence Bylaw No. 4455, 2005 16 4066676v1 conviction, to a fine not exceeding $50,000 and not less than $2,500, and is guilty of a separate offence each day that a violation continues or exists. 10.2 In addition to the remedies, penalties, and fines specified within this bylaw, a person found in contravention of this bylaw may be subject to penalties imposed by way of a municipal ticket information or a bylaw offence notice. Schedules Schedule A - Business Categories and Fees Schedule B - Intermunicipal Business Licences Consolidated Business Licence Bylaw No. 4455, 2005 17 4066676v1 READ A FIRST TIME on November 21, 2005 READ A SECOND TIME on November 21, 2005 READ A THIRD TIME on November 21, 2005 NOTICE given under sections 59(2)(a) and (3) of the Community Charter on November 27, 2005 and November 30, 2005 ADOPTED by the Council on December 12, 2005 ______________________________ Mayor ______________________________ Municipal Clerk Consolidated Business Licence Bylaw No. 4455, 2005 18 4066676v1 Schedule A - Business Categories and Fees Category Licence Fee Antiques Retailer or Second Hand Goods Retailer 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft. up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Automatic Teller Machine Per machine $200.00 Bed and Breakfast Per guest room $112.00 Caterer 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Charitable Soliciting (Over 90%) Per day $8.00 Charitable Soliciting (Under 90%) Per day $310.00 Clothing Retailer 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft. up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Commercial Dog Walker 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Commercial Parking Lot Per space $3.00 Consolidated Business Licence Bylaw No. 4455, 2005 19 4066676v1 Category Licence Fee Commercial Recreation Facility 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft. up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Contractor 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Convenience Store 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft. up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Cosmetic Service Provider 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft. up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Day Care (Family) $10.00 Day Care (Group) 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Entertainment Facility 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft. up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Gas Station 1. 1 or 2 employees $124.00 2. 3 to 5 employees $234.00 3. 6 to 10 employees $333.00 4. 11 to 20 employees $547.00 5. each additional 10 employees in excess of 20 $234.00 Consolidated Business Licence Bylaw No. 4455, 2005 20 4066676v1 Category Licence Fee General Business Services 1. 1 or 2 employees $124.00 2. 3 to 5 employees $234.00 3. 6 to 10 employees $333.00 4. 11 to 20 employees $547.00 5. each additional 10 employees in excess of 20 $234.00 General Merchandise Retailer 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft. up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 General Personal Services 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Home Care Provider 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Import/Export 1. 1 or 2 employees $124.00 2. 3 to 5 employees $234.00 3. 6 to 10 employees 333.00 4. 11 to 20 employees $547.00 5. each additional 10 employees in excess of 20 $234.00 Instructional Services 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Intermunicipal Business Licence See Schedule "B" Consolidated Business Licence Bylaw No. 4455, 2005 21 4066676v1 Category Licence Fee Itinerant Show Per day $52.00 Laundry Facility Per machine $14.00 Liquor Licenced Restaurant 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Marina 1. 1 to 50 berths $105.00 2. 51 to 100 berths $209.00 3. 101 to 200 berths $310.00 4. 201 to 300 berths $519.00 5. 301 to 400 berths $731.00 6. 401 to 500 berths $890.00 7. 501 or more berths $1,100.00 Peddlers 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Pub 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Real Estate or Insurance 1. 1 or 2 employees $124.00 2. 3 to 5 employees $234.00 3. 6 to 10 employees $333.00 4. 11 to 20 employees $547.00 5. each additional 10 employees in excess of 20 $234.00 Registered Society $0.00 Consolidated Business Licence Bylaw No. 4455, 2005 22 4066676v1 Category Licence Fee Restaurant 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Retail Liquor Store 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Rooms to Rent Per room $20.00 Service (Professional) 1. 1 or 2 employees $211.00 2. 3 to 5 employees $439.00 3. 6 to 10 employees $683.00 4. 11 to 20 employees $1,141.00 5. each additional 10 employees in excess of 20 $456.00 Special Event $124.00 Specialty Food Retailer 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft up to 10,750 sq. ft. $77.00 3. each additional 1,000 sq. ft. in excess of 10,750 sq. ft. $32.00 Storage 1. 0 to 10,000 sq. ft. $310.00 2. 10,001 to 20,000 sq. ft. $457.00 3. 20,001 to 50,000 sq. ft. $890.00 4. 50,001 to 80,000 sq. ft. $1,450.00 5. 80,001 to 140,000 sq. ft. $1,858.00 6. 140,001 or more sq. ft. $2,000.00 Supermarket 1. 0 to 750 sq. ft. $124.00 2. each additional 1,000 sq. ft up to 10,750 sq. ft. $77.00 3. 0 to 750 sq. ft. $124.00 Consolidated Business Licence Bylaw No. 4455, 2005 23 4066676v1 Category Licence Fee Vehicle for Hire Service 1. 1 vehicle $105.00 2. 2 vehicle $209.00 3. 3 to 5 vehicles $310.00 4. 6 to 10 vehicles $519.00 5. 11 to 15 vehicles $731.00 6. 16 to 20 vehicles $890.00 7. each additional 5 vehicles in excess of 20 $209.00 Vending Machine Per machine $75.00 Veterinary Clinic 1. 1 or 2 employees $211.00 2. 3 to 5 employees $439.00 3. 6 to 10 employees $683.00 4. 11 to 20 employees $1141.00 5. each additional 10 employees in excess of 20 $456.00 Wholesaler 1. 1 or 2 employees $105.00 2. 3 to 5 employees $209.00 3. 6 to 10 employees $310.00 4. 11 to 20 employees $519.00 5. 21 to 30 employees $1,038.00 6. each additional 10 employees in excess of 30 $209.00 Consolidated Business Licence Bylaw No. 4455, 2005 24 4066676v1 Schedule B - Intermunicipal Business Licences Category Licence Fee Contractor 1. 1 or 2 employees $155.00 2. 3 to 5 employees $259.00 3. 6 to 10 employees $360.00 4. 11 to 20 employees $569.00 5. 21 to 30 employees $1088.00 6. each additional 10 employees in excess of 30 $259.00 Types of Contractors Acoustical Air Conditioning Alarm Systems Alterations and Repairs Arborite Awnings Blacktopping Blasting Brickwork/Masonry Building Building Movers Bulldozing Cable Installation Cabinets Carpenter Carpet Cleaner Caulking Cement Finishing Chimney Service Cladding Concrete Concrete Pumping Construction Manager Crane Operator Cutting and Coring Decking Demolition Disposal Service Ditching Diving Doors - Overhead etc. Draft Sealing Drainage Drilling Drywall/Plasterer Electrical Electronics Elevator/Skip Hoist Excavating/Backfill Fabricating (metal) Fencing Fiberglassing Finish Carpentry Fireplaces (non-masonry) Fireproofing Flooring Framing Furnace Repair Gas Glazing Gutters Hauling Heating/Sheet Metal Inspection Services Insulation Intercommunications Iron Worker Irrigation Janitorial Service Land Clearing Landscape/Gardening Lathing Logging Locksmith Marble Mechanical/Mechanical Equipment Installation Consolidated Business Licence Bylaw No. 4455, 2005 25 4066676v1 Types of Contractors Metal Worker Millwork Moving (Building) Oil Worker Ornamental Ironwork Painting/Decorating Paving Pest Control Pile driving Pipe Bending & Fabricating Pipeline Plaster/Stucco Plastic Plumbing Pipeline Power Sweeping/Vacuum Pressure Washing Pump Maintenance/Installation Rails Refrigeration Reinforcing Steel Restoration Road Builders Roofing Sand Blasting Sanitary Saunas Scaffolding Security and Alarms Sewers Sheet Metal Shoring Siding Signs, all Shingler Sprinklers Skylights Steamfitters Steel Erection Store Fixtures & Decorations Swimming Pools Tanks Terrazzo Tile Toilet Partitions/Shelving Tree Service Upholstering Ventilation Weatherproofing Waterproofing Welding Welding Wood Preserving Wood Stove Installer Wrecking Wrought Iron