Business Licence and Regulation Bylaw No. 2253, 2019 (consolidated) — full text, Whistler, British Columbia

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RESORT MUNICIPALITY OF WHISTLER CONSOLIDATED "BUSINESS LICENCE AND REGULATION BYLAW NO. 2253, 2019" This document has been produced for convenience of reference and is a consolidation of the following Bylaws: Bylaw No. Bylaw Name Date Adopted 2253 Business Licence And Regulation Bylaw No. 2253, 2019 December 17, 2019 2273 Business Licence And Regulation Amendment Bylaw (Partial Discount) No. 2273, 2020 June 23, 2020 2373 Business Licence Amendment Bylaw (Cannabis Retail) No. 2373, 2022 December 6, 2022 Individual copies of any of the above bylaws are available from the Resort Municipality of Whistler. This copy of "Business Licence And Regulation Bylaw No. 2253, 2019" has been consolidated and printed by the authority of the Corporate Officer of the Resort Municipality of Whistler pursuant to Section 139 of the Community Charter and "Bylaw Consolidation and Revision Bylaw No. 1957, 2010". Dated this 8th day of February, 2023 _______________________________ THE RESORT MUNICIPALITY OF WHISTLER BUSINESS LICENCE AND REGULATION BYLAW NO. 2253, 2019 A BYLAW TO PROVIDE FOR THE GRANTING OF BUSINESS LICENCES, TO FIX AND IMPOSE LICENCE FEES AND TO REGULATE CERTAIN BUSINESSES IN THE RESORT MUNICIPALITY OF WHISTLER WHEREAS the Council of the Resort Municipality of Whistler deems it expedient to provide for business licensing and to regulate the operation of businesses in the Resort Municipality; AND WHEREAS the Council of the Resort Municipality of Whistler wishes to protect its reputation as a world class destination and resort, and prevent nuisances and misleading business practices in the Resort Municipality; NOW THEREFORE the Council of the Resort Municipality of Whistler ENACTS AS FOLLOWS: I DEFINITIONS 1. In this bylaw: "ATM" means an automatic teller machine or the business of providing an automatic teller machine; "activity tour or promotion business" means the marketing or providing of recreational activities; "bank" includes a bank, credit union, trust company or other similar institution that, among other things, accepts deposits, invests money, or lends money; "body shop business" means the business of painting or doing bodywork on vehicles; "business" means "business" as defined in the Community Charter; "bylaw enforcement officer" means a person appointed from time to time by Council as a Bylaw Enforcement Officer, Parking Enforcement Officer or a person appointed for the purpose of enforcing bylaws in the Resort Municipality, or a Royal Canadian Mounted Police officer; "Council" means the Council of the Resort Municipality; "direct sales" means marketing goods or services to people in their homes, workplaces, or in public places, whether door to door, over the phone, on foot, or from a vehicle; "escort agency" means the business of providing or furnishing an escort or partner on an intermittent basis for a social occasion or function; "fractional interest" means a one-quarter or less interest in a parcel, which the owner holds as a tenant in common or in the form of ownership points; Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 2 "garage business" means the business of repairing vehicles, but does not include painting or doing bodywork on vehicles; "hotel" has the same meaning as in the Tourist Accommodation Regulation Bylaw; "hotel business" has the same meaning as in the Tourist Accommodation Regulation Bylaw; "licence" means a valid business licence issued by the Resort Municipality; "licence inspector" means the Supervisor of Bylaw Services, the Manager of Protective Services or any other person appointed from time to time by Council for the purpose of carrying out the provisions of this bylaw; "liquor primary licensed establishment" means a premises at a fixed address and requires a liquor primary licence pursuant to the Liquor Control and Licensing Act; "market" means sell, offer for sale, promote, canvass, solicit, rent, advertise, book, arrange or facilitate rental, and includes handing out free samples or commercial flyers, or placing, posting or erecting advertisements physically or online, but does not include the mere provision of a neutral space or location for such marketing in newspapers, bulletin boards or online; "occupant load" means the number of persons permitted in a building or area of a building pursuant to all applicable municipal, building and fire related bylaws and enactments in effect from time-to-time; "person" includes any individual, firm, corporation or formal or informal partnership carrying on a business; "premises" means a legal parcel, and may include more than one parcel where the parcels have a single civic address; "private outdoor area" means a privately owned or leased outdoor patio area; "public place" includes a road, highway, park, pedestrian walkway, plaza, or public parking lot, and includes all outdoor areas leased, controlled or operated by Whistler Blackcomb or the Whistler Village Land Company; "publication box" means a rack or box containing published materials for distribution for free or by payment; "publishing business" means the business of printing or publishing books, newspapers, magazines, flyers, leaflets, including the publication of materials over the Internet; "registered society" means a not-for-profit society registered and in good standing with the Registrar of Companies under the Societies Act; "Resort Municipality" means the corporation of the Resort Municipality of Whistler, or its geographic area; Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 3 "restaurant with liquor service" means premises at a fixed address where prepared food, beverages, or both are served to the public for a fee and requires a food primary licence pursuant to the Liquor Control and Licensing Act but does not include a liquor primary licensed establishment; "restaurant without liquor service" means premises at a fixed address where prepared food, beverages excluding liquor, or both are served to the public for a fee, but does not include a liquor primary licensed establishment or a restaurant with liquor service; "ski lift operation" means a business providing chair lifts, towropes, gondolas and similar services for ascending a mountain; "special event" has the same meaning as in Special Event Bylaw No. 2171, 2019; "strata development" means a building, group of buildings, or a part of a building, in a strata development governed by a strata corporation under the Strata Property Act; "taxi business" means the provision of a taxi, limousine or similar vehicle with a driver for a fee; "time share business" means the marketing of time share interests or ownership points in property, and, for the purpose of this bylaw, is a distinct business from the actual operation of a hotel or tourist accommodation property that is used in whole or in part by customers/clients of the time share business; "time share premises" has the same meaning as in the Tourist Accommodation Regulation Bylaw; "tourist accommodation business" has the same meaning as in the Tourist Accommodation Regulation Bylaw; "tourist accommodation property" has the same meaning as in the Tourist Accommodation Regulation Bylaw; "Tourist Accommodation Regulation Bylaw" means Resort Municipality of Whistler Tourist Accommodation Regulation Bylaw No. 2142, 2017; "transportation network services business" means the business of connecting drivers of passenger directed vehicles with passengers who hail and pay for the services through the use of an online platform, where such drivers pick up passengers within the Resort Municipality; "Zoning Bylaw" means Resort Municipality of Whistler Zoning and Parking Bylaw No. 303, 2015. 2. Reference to another bylaw or enactment in this bylaw is a reference to that bylaw or enactment as it may be amended, replaced or in effect from time to time. Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 4 BUSINESS LICENCES Requirements 3. No person may carry on any business in the Resort Municipality without a valid and subsisting licence for that class of business. 4. A person must not carry on any business in the Resort Municipality except at the premises identified in a valid and subsisting licence for that business. 5. 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. 6. Every person who operates more than one business or class of business at a single premises must apply for and maintain a separate licence in respect of each class of business at that premises. 7. 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. 8. Every holder of a licence for a tourist accommodation business shall post their licence number in a conspicuous place on any marketing for the business. 9. Notwithstanding any other provisions of this bylaw, the holder of a licence for a transportation network services business may provide such services throughout the Resort Municipality, and need not post its licence. 10. Notwithstanding any other provisions of this bylaw, the following activities do not require a licence: (a) fundraising activities carried on by a registered society, provided that the entire proceeds of the activity are provided to that registered society or another registered society; (b) an educational course or program provided by a community or continuing education facility, or by a school operated pursuant to the School Act, including fundraising activities to support such programs; or (c) a garage or yard sale. 11. The issuance of a licence shall not be deemed to be a representation by the Resort Municipality to the licence holder or to anyone else that the business complies with all applicable bylaws or other enactments. The licence holder shall ensure compliance with all bylaws and other enactments. Licence Applications 12. Every person applying for a new licence must, at the time of making the application, pay to the Resort Municipality the New Licence Administration Fee specified in Schedule A in addition to the annual fee specified for that business in Schedule A and comply with s. 13. Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 5 13. Every application for a new licence under this bylaw: (a) must be made on the form provided by the licence inspector for that purpose; and (b) may be required by the licence inspector to contain the following information when applicable: (i) the name, address and phone number of the applicant and business owner; (ii) the class of business as listed in Schedule A to this bylaw; (iii) a brief description of the nature of the business; (iv) a description of the business premises, including the legal description and civic address; (v) the square footage of the business premises, including a copy of a plan of the commercial space when requested; (vi) proof of ownership, a lease or other arrangement permitting the business to use the premises for the period of the licence; (vii) proof of any certification, licence, permit, approval, qualification, or plan that may be required by a federal, provincial or local authority with respect to the business, including a solid waste management plan, if required, pursuant to the Resort Municipality of Whistler Solid Waste Bylaw No. 2139, 2017; (viii) reasonable proof of insurance if insurance is required under this bylaw or any other bylaw or enactment; (ix) the type of liquor licence, including any endorsements, issued to the business under the Liquor Control and Licensing Act; (x) proof of a cannabis retail store licence, including any conditions, issued to the business under the Cannabis Control and Licensing Act; (xi) proof of a permit issued to the business under the Food Premises Regulation under the Public Health Act; (xii) where a licence fee is based on occupant load or another unit of business capacity, the occupant load or other description of the business capacity; and (xiii) any additional information the licence inspector reasonably requests in order to assist in determining whether the applicant may be issued a licence. 14. Every person applying to renew a licence must pay to the Resort Municipality the annual fee specified for that business in Schedule A and any information the Added by bylaw No. 2373 Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 6 licence inspector reasonably requests in order to assist in determining whether the licence may be renewed on or before January 31 each calendar year. 15. Where a business does not clearly fall into a listed class in Schedule A, the licence inspector may process the licence application on the basis of the class of business most similar to the applicant's business. 16. No person shall make any material misrepresentations on the licence application. 17. All licences issued under this bylaw shall apply only to the person to whom it was issued and no other person shall have the right to use such licence. Licence Periods 18. Licences issued under this bylaw are valid for the period commencing January 1 and expiring December 31 of each year unless cancelled under this bylaw. 19. Notwithstanding s. 18, a licence for a special event shall be for no more than 6 consecutive weeks or 42 non-continuous days in a calendar year and shall explicitly state its term of validity. 20. Notwithstanding s. 18, a hotel business licence for a hotel that is subject to the Strata Property Act, except a hotel business licence for time share premises, shall expire on the earlier of December 31 of each year and the date on which a hotel business licence is issued to a new operator for the hotel business pursuant to a business licence application accompanied by a resolution passed by a ¾ vote under the Strata Property Act authorizing the applicant to operate the hotel business. Licence Changes 21. If a person applies for a new licence, other than for a special event, after July 1, the applicant shall be entitled to a 50% discount on the annual fee for the year in which the application was made. 22. Every person intending to make any of the following changes to a business for which the person holds a licence: (a) a change to a mailing address of the licence holder for the business; (b) a change to the name of the business; or (c) a change to a term or condition on which the licence was issued; must complete and submit to the licence inspector a change in licence form, and pay to the Resort Municipality the licence change fee stated in Schedule A. Licence Inspector's Powers and Duties 23. Upon being satisfied that a licence application, renewal, or change meets the requirements for issuance, renewal, or change of a licence in this bylaw, the licence inspector may issue, renew or change a licence. Added by bylaw No. 2273 Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 7 24. No licence shall be granted to a person for a business unless the licence inspector is satisfied on the information available that: (a) the zoning of the business premises permits the business activity; (b) the owner or operator of the business complies with this bylaw and all other bylaws and enactments that are applicable to the business and its premises; and (c) all licence fees, and any outstanding fees or fines owed to the Resort Municipality in relation to the business, or any other business operated by the same applicant, have been paid. 25. Subject to section 16 of the Community Charter, the licence inspector or a bylaw enforcement officer may enter business premises at a reasonable time to inspect and determine whether the regulations and requirements of this bylaw or a licence are being met. 26. At any time, the licence inspector may require a licence holder to provide proof of any certification, licence, permit, approval, qualification or plan that may be required by this bylaw, or by a federal, provincial or local authority with respect to the business. 27. The licence inspector may 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) any other terms or conditions related to compliance with this bylaw or another applicable bylaw or other enactment. 28. A licence issued under this bylaw to a business is subject to every term and condition applicable to that business stated in the licence and this bylaw. 29. The licence inspector may refuse, suspend, or cancel a licence where the licence inspector is satisfied that: (a) the licence holder has failed to ensure compliance with a provision of this bylaw or a term or condition of the licence applicable to the business; or (b) for other reasonable cause pursuant to the Community Charter. 30. The licence inspector may impose conditions on a licence in relation to the refusal, suspension or cancellation of the licence. 31. An applicant or licence holder who wishes Council to reconsider the licence 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 Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 8 Municipal Clerk of the Resort Municipality a written request stating the grounds upon which the request is based. 32. The Municipal Clerk must refer a request made under s. 30 to a regular or special Council meeting, and notify the applicant or licence holder of the time and place at which Council will reconsider the decision of the licence inspector. GENERAL BUSINESS REGULATIONS 33. No licence holder shall contravene, or permit or allow the contravention of, any term of this bylaw in relation to their business. 34. No licence holder shall contravene, or permit or allow the contravention of, any term or condition of their licence. 35. Every person who owns or operates a business must comply with all bylaws and enactments applicable to that business as a term and condition of their licence. 36. No person who owns or operates a business may cause, allow or permit that business to cause a nuisance to other business owners, residents, or members of the public. 37. No person shall market goods or services, or carry on any business, in a public place without a licence for the business together with: (a) any other applicable permit or approval issued by the Resort Municipality, or (b) a lease from the Whistler Village Land Company, authorizing the activity at the times and locations indicated. 38. No person shall conduct business in a private outdoor area unless the business is also licenced to operate in an adjacent indoor premises. SPECIFIC BUSINESS REGULATIONS Time Shares 39. As a condition of a licence issued in respect of a time share business, every time share business shall display a sign or signs in a conspicuous place in the premises in respect of which the business is carried out and for which the licence is issued that state: "This business premises is licenced to market TIME SHARES by the Resort Municipality of Whistler." 40. The signs referred to in s. 38 must comply with Sign Bylaw No. 558, 1987 and have the word "TIME SHARES" printed in capital letters of not less than 150 millimeters in height, in a colour that contrasts with the background, and be visible to anyone approaching each entrance to the premises in which the time share business is located. Where a time share business is conducted in conjunction with another class of business in a single premises, signs must be posted so that they are visible from both outside the premises and in the part of the premises where the time share business is conducted. Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 9 41. No person shall carry on a time share business in the same premises as any other business, with the exception of an activity tour or promotion business. 42. No person shall carry on a time share business outside of the premises for which it has been licenced. 43. No person shall market time share interests, fractional interests or ownership points in property while that person is in a public place, or within the common property of a strata development. Dog Sled Operators and Outdoor Kennels 44. Every person licenced to carry on a business that involves the keeping of dogs outdoors must: (a) ensure that each dog is secured with a tangle free chain at least 5 feet in length, or kept in an enclosure at least 75 square feet in area when inside the kennel; (b) ensure that each dog has the ability to sit on top of their individual dog shelter while chained as required; (c) provide a separate shelter for each dog that: (i) is made of wood, plastic or similar material; (ii) provides sufficient space to allow each dog the ability to turn about freely and easily, stand, sit, stretch and lie in a normal position; and (iii) provides sufficient insulation for each dog and prevents moisture from accumulating; (d) change the bedding in the dog shelters regularly to ensure it is clean and dry; (e) ensure that all dog shelters are dug out as necessary to maintain position on the surface of snow accumulations; (f) maintain a compound enclosed by fencing at least six feet high to contain the animals; (g) ensure that fencing is dug out as necessary to maintain height relative to the surface of snow accumulations; (h) install flood lighting at the site of the enclosure to assist in evening operations and incident intervention; (i) ensure daily cleanup and sanitization of the kennel compound including both food waste and animal feces; (j) dispose of all animal feces generated by the business through a municipally licenced waste disposal provider and provide a copy of the contract between the operator and the waste disposal company to the licence inspector upon request; Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 10 (k) provide separate pens for female dogs in heat and female dogs with litters; (l) have a dog licence for each dog from the Resort Municipality and ensure that all dogs have identification tags or tattoos; (m) provide to the Resort Municipality, at the time of business licence issuance, the name and telephone number of a contact person who can be contacted 24 hours a day in the event of an emergency at the business premises or a complaint about the animals, and update this information whenever there is a change in personnel; (n) allow the licence inspector, bylaw enforcement officer or, if the licence inspector deems it necessary, an officer of the Society for the Prevention of Cruelty to Animals to inspect the business at reasonable times; and (o) cease all commercial dog sledding or outdoor kennel operations until any violation of the foregoing regulations is corrected to the satisfaction of the licence inspector. Food and Beverage Businesses 45. No person who operates or markets a liquor primary licensed establishment or a restaurant with liquor service shall: (a) advertise or solicit in relation to that business; (b) permit or cause any other person to advertise or solicit in relation to that business, in any public place where persons under the age of 19 may be present. Direct Sales 46. No person shall attend at any residence for the purpose of selling, soliciting or taking orders for goods, materials, publications or services of any kind unless a previous appointment for such attendance has been made with a person who is expected to be at the residence at the time. Vehicle Service and Repair 47. Garage businesses and body shop businesses must be licenced separately, and must not be conducted in the same premises. Printing and Publishing 48. Every person carrying on the business of providing publication boxes shall, at the time the person applies for or renews a business licence, provide a list of all publication boxes the person owns or operates in the Resort Municipality, the location of each publication box and a description of the materials distributed by the publication box. Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 11 49. As a condition of a licence issued for a business that provides publication boxes, the licence holder must keep all publication boxes in good repair and immediately remove any graffiti. 50. As a condition of a licence issued for a publishing business, every business that publishes and distributes maps of the Resort Municipality not endorsed by the Resort Municipality must print on the page that contains the map in at least 14- point font the following: "This map is not an official map of Whistler and is not endorsed by the Resort Municipality of Whistler". 51. As a condition of all licences, every person who permits a publication box to be located on its business premises must not permit more than four publication boxes to be located on the premises. 52. Section 50 does not apply to publication boxes that only distribute newspapers that are published at least on a monthly basis. OFFENCES 53. A person who: (a) carries on a business without holding a valid licence for that business; (b) fails to display a valid licence as required by this bylaw; (c) fails to provide any documentation or information as required by this bylaw; (d) carries on or remains open for business after receiving notice that the licence for that business has been suspended or cancelled; (e) breaches any term or condition of their a licence; or (f) 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. GENERAL 54. 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. 55. Schedules A attached hereto and form part of this bylaw. 56. This bylaw repeals and replaces "Business Licence Bylaw No. 567, 1987", "Business Regulation Bylaw No. 739, 1989", "Vehicles for Hire Regulation Bylaw No. 1494, 2002", and all amending bylaws. 57. This bylaw may be cited as "Business Licence and Regulation Bylaw No. 2253, 2019". Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 12 GIVEN FIRST AND SECOND READINGS this 5th day of November, 2019. NOTICE given under sections 59(2)(a) and (3) of the Community Charter on the 7th and 14th days of November, 2019. GIVEN THIRD READING this 3rd day of December, 2019. ADOPTED this 17th day of December, 2019. ___________________________ _____________________________ Mayor, J. Crompton Municipal Clerk, A. Banman I HEREBY CERTIFY that this is a true copy of the "Business Licence and Regulation) No. 2253, 2019". _____________________________________ Municipal Clerk, A. Banman Consolidated Business Licence And Regulation Bylaw No. 2253, 2019 Page 13 Schedule A BUSINESS LICENCE FEES The following fees must be paid in accordance with this bylaw: 1. New licence administration fee - $25.00. 2. Change of licence fee - $10.00. 3. Annual licence fee is $190.00 unless otherwise set out below, to a maximum annual fee of $2000.00: Business Classification Minimum Fee (Plus Unit Fee if applicable) Unit Fee Automatic Teller Machine Company $100.00 $50.00/ATM Bank $350.00 Dog Sled or Outdoor Kennel Operators $500.00 Escort Agency $500.00 Liquor Primary Licensed Establishment $50.00 $5.00/person based on occupant load Restaurant with Liquor Service $50.00 $2.00/person based on occupant load Restaurant without Liquor Service $200.00 Taxi Business $200.00 Transportation Network Services $200.00 Publication Box Provider (does not include publication boxes that only distribute newspapers) $200.00 $25.00/box Ski Lift Operation $200.00 $85.00/lift Special Event $100.00 per event $25.00/vendor, service provider or exhibitor Campground $190.00 $5.00/site Hotel Business $190.00 $10.00/guest unit Tourist Accommodation Business (other than Campground and Hotel Business) $190.00 $25.00/tourist accommodation property Time Share Business $200.00 Registered Society No fee