BUSINESS LICENCE BYLAW

Transcription

1 TOWN OF OSOYOOS BUSINESS LICENCE BYLAW BYLAW NO. 1045, 1997 CONSOLIDATED VERSION Adopted February 17, 1997 (CONSOLIDATED FOR CONVENIENCE PURPOSES ONLY) Consolidated Version should be read in conjunction with the complete document.

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3 TOWN OF OSOYOOS BUSINESS LICENCE BYLAW NO. 1045, 1997 A Bylaw to regulate the licensing of businesses within the boundaries of the Town of Osoyoos WHEREAS pursuant to Section 498 of the Municipal Act, Council may by bylaw: a.) require an owner or operator of a business to hold a valid and subsisting licence for carrying on the business; b.) fix and impose licence fees for licences; and c.) provide for the collection of licence fees and the granting, issuing and transferring of licences. AND WHEREAS pursuant to Section 513 (1) of the Municipal Act, Council may be bylaw delegate certain powers to any official designated as the licence inspector; NOW THEREFORE the Council of the Town of Osoyoos in open meeting assembled enacts the following: 1. CITATION This Bylaw may be cited for all purposes as "Business Licence Bylaw No. 1045, 1997". Consolidated Version of Business Licence Bylaw No Page 1 of 20

4 2. DEFINITIONS In this Bylaw: "Act" means Municipal Act, R.S.B.C. 1979, c "Business" "Heavy Industrial" means carrying on a commercial or industrial undertaking of any kind or nature or the providing of professional, personal or other services for the purpose of gain or profit, but does not include the activity carried on by the government, its agencies or government owned corporations; includes fabricating and assembly; grading, packing and/or storage; manufacturing; repairing; any other type of heavy industrial undertaking; "Itinerant Show or Entertainment" includes a circus, animal shows, horse racing, exhibition, and other events of a transient nature, when held elsewhere than in a licensed theatre or licensed place; Home Occupation means a practice, occupation or craft conducted as an accessory use to the residential use of a single or two family residential dwelling unit. Inter-Community Business means a Business that performs a service or activity within more than one Participating Municipality but not from or in Premises in one or more participating municipalities, and who provides the service or activity by moving from client to client. Inter-Community Business Licence means a business licence which authorizes a Inter Community Business to be carried on within the boundaries of any or all of the Participating Municipalities in accordance with the Inter Community Business Licence Bylaw No. 1232, "Licence Inspector" means the person from time to time duly appointed as Licence Inspector by the Council for the Town of Osoyoos; "Licence Period" means the period of time in which an annual licence is in force, as set out in Section 3 (3) of this Bylaw; "Light Industrial/Heavy Commercial" includes junkyards, auto wrecking yards, heavy equipment rentals, waste collection, any other type of light industrial; Liquor-Primary Establishment means a premise with the primary purpose of selling liquor by the glass "Mass Transportation of People" includes a bus line, charter bus service or air taxi; Consolidated Version of Business Licence Bylaw No Page 2 of 20

5 Mobile Street Vendor means a business issued a licence on an annual basis to operate a motorized vehicle or a pedal-powered cart that operates by moving from client to client selling food and non-alcoholic beverages, such as an ice cream truck or a coffee/lunch wagon, but does not set up a premise; "Non-Resident Business" means a business, other than a resident business, carried on in the municipality or with respect to which any work or service is performed in the municipality; Principal Municipality means the Participating Municipality where a Business is located or has a Premises, or where the licencee does not maintain a Premises in any of the Participating Municipalities, the jurisdiction that issues the Inter-Community Business Licence. "Resident Business" [REPEALED] Stationary Street Vendor means a business issued a licence on an annual basis to operate a vehicle or trailer for the purpose of selling food or nonalcoholic beverages from an approved Vending Site; "Town" means the Town of Osoyoos; "Transportation of Goods" includes moving and storage, freight line, cartage and express delivery service. Vending Site means a designated area approved by the Town for the purpose of a Stationary Street Vendor setting up a premises; Consolidated Version of Business Licence Bylaw No Page 3 of 20

6 3. REGULATIONS (1) Licensing (a) Subject to the exceptions contained in this Bylaw, in Part II of the Municipal Act, or in any other applicable part of any statute of British Columbia, no business shall be carried on within the boundaries of the Town unless the owner or operator thereof holds a valid and subsisting licence granted pursuant to this bylaw for carrying on the business. (b) An applicant for issuance of a business licence under this Bylaw shall make application to the Licence Inspector on the form shown as Schedule "B" attached to and forming part of this Bylaw. The application form shall be completed in full and shall be signed by the owner of the business or his or her duly authorized agent, provided however, that in the case of partnerships or multiple owners, any one of such owners or partners may apply and such owner or partner applying shall be deemed the duly authorized agent of all the owners or partners. (c) There is hereby fixed and imposed a licence fee for each and every licence granted under this bylaw according to the classification of the business as set forth in Schedule "A" attached to and forming part of this bylaw which fee shall be payable at the time of application for such licence (d) The licence fee prescribed shall be reduced pro rata on a monthly basis after July 1st, for a business that becomes liable to be licensed after the commencement of the Licence Period. No reduction shall be made for part months or for the months of January, February, March, April, May, and June. No refund of a licence fee shall be made on account of any business ceasing to do business at any time. A licence fee shall be refunded only if the application for a licence is withdrawn prior to issuance of the licence or if issuance of the licence if refused. (e) Before changing his place of business, a holder of a licence under this bylaw shall obtain a transfer of his licence from his existing place of business to his proposed new place of business. (f) Every application for such a transfer shall be in the form set forth in Schedule "B" attached to and forming part of this bylaw. (g) Every licence granted under this bylaw shall be posted in a conspicuous manner at the place of business to which it relates and if the business is not carried on, in or from premises within the municipality, then the licence or a true copy thereof shall be carried on the person of anyone doing business under the said licence within the Town boundaries. (h) Where a business is carried on in or from more than one premise in the Consolidated Version of Business Licence Bylaw No Page 4 of 20

7 municipality, the business carried on, from or in each shall be deemed a separate business and a business licence is required for each business. (i) Where it is deemed that more than one separate and distinct business is functioning at one premise, and/or operating under a common business name, each business shall be deemed a separate business and a business licence shall be required for each business. (j) Every licence granted under this bylaw shall be issued in the form set forth in Schedule "C" attached to and forming part of this bylaw (k) Where a service business is carried on in more than one Municipality, with the Town of Osoyoos being the Principal Municipality, and the business meets the criteria set forth in the Inter-Community Business Licence Bylaw 1232, 2007, such business shall be deemed eligible to apply for a Inter-Community Business Licence upgrade (2) A Stationary Street Vendor shall only operate in accordance with the following provisions: (a) Stationary Street Vendor s vehicle or trailer must be approved by an accredited certification or approval agency, such as CSA or BC Safety Authority. (b) The Vending Site must be approved by the Town to ensure the vehicle or trailer is an adequate distance from structures, entrances and windows, and that it does not interfere with public safety or traffic. (c) Street Vendors are only permitted to sell food and non-alcoholic beverages, and must have a valid Ministry of Health Permit to Operate. (d) A Stationary Street Vendor vehicle or trailer must appear clean, tidy, rust free, and be kept in good condition. (e) A Stationary Street Vendor vehicle or trailer cannot exceed a length of 6.7 metres(22feet) and a width of 2.13 metres(7feet). (f) A Stationary Street Vendor is permitted to operate from 7:00am -11:00pm. A Stationary Street Vendor which is an accessory use of a Liquor-Primary Establishment may operate after 11:00pm, but must terminate its operation thirty (30) minutes prior to the Liquor-Primary Establishment. (g) Stationary Street Vendor s vehicle or trailer must be portable and removed from the Vending Site at the close of each day of operation. (h) No more than two (2) chairs shall be permitted on a Vending Site. (i) No signage, buildings or structures shall be be erected on the Vending Site. Consolidated Version of Business Licence Bylaw No Page 5 of 20

8 (j) Signage shall only be permitted if affixed to the vehicle or trailer and shall not increase the unit s length, height or width. (k) The Stationary Street Vendor is responsible for all garbage and recycling associated with the business: when the hours of operation terminate recycling and garbage containers must be removed from the premises, and the surrounding area must be free of litter. (l) In addition to the above requirements a Stationary Street Vendor on a private land Vending Site must meet the following requirements: i. Located in the C1 - Downtown Commercial Zone or be an accessory use of a Liquor-Primary Establishment, ii. iii. iv. Provide a letter of permission from the property owner permitting the Street Vendor to operate on the proposed Vending Site. The Stationary Street Vendor must maintain liability insurance of no less than two (2) million dollars which names the Town of Osoyoos and the Ministry of Transportation as additional insured parties. If parking stalls are being used for a Vending Site, the number of remaining parking stalls must meet the current Zoning Bylaw s parking requirements. v. Limit of one Vending Site per parcel of private land. (m) In addition to the above requirements a Stationary Street Vendor on a municipal land Vending Site must meet the following requirements: i. Located within a municipal park delineated on Schedule A attached to and forming part of this bylaw. Staff will forward the Licence of Use Lease for Council s consideration and Council reserves the right to approve or disapprove an application. ii. iii. iv. The Stationary Street Vendor applicant is responsible for the cost of two notices published in the newspaper in a format approved by the Town describing the application for the Licence of Use Lease, as required under the Community Charter for the disposition of land. Any landscaping necessary to accommodate a Vending Site shall be approved and completed by the Town at the expense of the applicant. The Stationary Street Vendor must maintain liability insurance of no less than two (2) million dollars which names the Town of Osoyoos as an additional insured party. v. Limit of one (1) Stationary Street Vendor per park. Consolidated Version of Business Licence Bylaw No Page 6 of 20

9 vi. vii. viii. ix. During a special event such as Canada Day, when an Application to Hold a Special Event has been submitted to the Town, more than one Street Vendor may operate without a business licence within the area approved for the special event subject to a maximum number of vendors specified in the approved application. Any Stationary Street Vendor operating in Desert Park requires a business licence. A total of three (3) vendors may operate at one time in Desert Park. It shall be the responsibility of the Desert Park Tenant to determine an appropriate Vending Site. At any time, the Town has the right to require a Stationary Street Vendor Unit to vacate a park and the designated Vending Site. A Vendor must abide by all additional conditions required by Council and as specified in the Licence of Use Lease, including limitations on hours of operation. x. A Stationary Street Vendor on municipal land is subject to the following fees illustrated in Schedule A of Business Licence Bylaw 1045, 1997: 1. Business Licence Fee 2. Licence of Use Lease Fee 3. If parking stalls are consumed there is an additional fee for each parking stall consumed (3) A Mobile Street Vendor business may only operate in accordance with the following provisions: (a) A Mobile Street Vendor s vehicle must be approved by an accredited certification or approval agency, such as CSA or BC Safety Authority. (b) A Mobile Street Vendor is only permitted to sell food and non-alcoholic beverages, and must have a valid Ministry of Health Permit to Operate. (c) A Mobile Street Vendor s vehicle or pedal powered cart must appear clean, tidy, rust free, and be kept in good condition. (d) A Mobile Street Vendor vehicle cannot exceed a length of 6.7 metres (22feet) and a width of 2.13 metres(7feet). (e) A Mobile Street Vendor is permitted to operate from 7:00am 7:00pm. (f) All existing Stopping and Parking Restrictions and any other applicable restrictions apply to Mobile Street Vendors as stated in Traffic Bylaw No. 1000, Consolidated Version of Business Licence Bylaw No Page 7 of 20

10 1998. (g) A Mobile Street Vendor must be continuously moving and only stop when temporarily lawfully parked on a Town right-of-way, and when approached by a client. The duration of the stop will correspond to the time spent serving clientele, which will not exceed a ten (10) minute limit. (h) A Mobile Street Vendor may operate in all zones except for the C1 Downtown Commercial Zone. (i) A Mobile Street Vendor may operate in a municipal park for less than 10 minutes, unless a Stationary Street Vendor is operating on a Vending Site, or there is a municipal concession located in the park. (j) A Mobile Street Vendor may not operate within 200 metres of a school during regular school hours. (k) No voice amplification devices are permitted. (l) The Mobile Street Vendor must maintain liability insurance of no less than two (2) million dollars which names the Town of Osoyoos and as additional insured party. (4) Exemptions (a) Pursuant to Section 512 of the Act, a licence is not required for: (i) (ii) (iii) a performance, concert, exhibition or entertainment, the entire proceeds of which, above actual expenses, are devoted to a charitable purpose. a performance, concert, exhibition, entertainment or concession which is held in a licensed theatre or other licensed place. [REPEALED] (b) Pursuant to Section 499 of the Act, the following non-resident businesses are not required to hold a licence under this bylaw: (i) (ii) (iii) commercial travellers offering for sale or selling merchandise to merchants for resale by them in the ordinary course of their businesses; owners or operators of carriers other than taxicabs who either pick up passengers or chattels in the municipality for discharging or delivery outside the municipality or discharge or deliver in the municipality passengers or chattels picked up outside the municipality, or both; owners or operators of taxicabs who only discharge passengers in the municipality; Consolidated Version of Business Licence Bylaw No Page 8 of 20

11 (iv) owners or operators of retail businesses who only deliver commodities sold by them in the ordinary course of business and pick up commodities being returned or exchanged; (v) a wholesaler, manufacturer or processor who is only in the business of offering for sale or selling his own merchandise and delivering it in his own vehicle to merchandise for resale by them in the ordinary course of their business; and (vi) a person practising a profession governed by a special Act, unless he regularly and generally carries on business in the municipality. (c) A licence is not required for an artist or any other person while participating in an activity such as an arts and crafts show, a home and trade show, sidewalk sale or other similar activity sponsored by the Osoyoos and Area Parks and Recreation Commission, the Osoyoos Arts Council, the Osoyoos Chamber of Commerce, or other similar non-profit organizations whose primary objective is to promote community, cultural, recreational or business development activities. (d) A licence is not required for a student while engaged in self-employed work to support his educational or vocational training objectives. (e) Pursuant to Section 45 of the Real Estate Act, a municipality may not impose on a licensee under the Real Estate Act any licence fee for carrying on his business unless the licensee occupies or uses premises in the municipality for carrying on his business. (5) Duration of Licences (a) Except as hereinafter provided, licences shall be granted as annual licences for a period of one year commencing on the 1 st day of January of each year and expiring on the 31 st day of December of the same year, except; (i) (ii) (iii) the period for a licence for a theatre, including drive-in theatre, amusement hall, concert hall, music hall, opera house, rink, amusement park or other place of amusement, entertainment or exhibition may be six months, three months, one month or one day and the period requested shall be by written application of the applicant. the period for a licence for a circus, horse show, dog show, pony show, exhibition or other itinerant show or entertainment, when held elsewhere than in a licensed theatre or other licensed place, shall be for one day. the period for a licence in respect of horse racing shall be one day (b) The Licence Inspector may forward an invoice and renewal form on or before November 30 in each year, to every holder of a licence granted pursuant to this Consolidated Version of Business Licence Bylaw No Page 9 of 20

12 Bylaw. Notwithstanding this section, the holder of a licence shall be responsible for obtaining and submitting a renewal form (c) A holder of a licence who proposes to renew a licence shall submit the renewal form accompanied by the applicable licence fee to the Licence Inspector prior to expiry of the licence on December 31 st. Consolidated Version of Business Licence Bylaw No Page 10 of 20

13 4. POWERS AND DUTIES OF THE LICENCE INSPECTOR (1) The Municipal Clerk and those persons appointed as Bylaw Enforcement Officers are appointed as Licence Inspectors. (2) Council delegates the following powers to the Licence Inspector: (a) (b) The Licence Inspector may grant a licence under this Bylaw upon being satisfied that the applicant has complied with the bylaws of the Town regulating building, zoning, health, sanitation and business. The Licence Inspector may suspend any licence for the period he decides if its holder (i) (ii) (iii) is convicted of any offence indictable in Canada; is convicted of any offence under any municipal bylaw or statute of the Province in respect of the business for which he is licensed or with respect to the premises named in his licence; has, in the opinion of the Licence Inspector, been guilty of such gross misconduct in respect of the business or in or with respect to the premises named in his licence that it warrants the suspension of his licence; (iv) has ceased to meet the lawful requirements to carry on the business to which he is licensed or with respect to the premises named in his licence; or (v) has, in the opinion of the Licence Inspector, conducted his business in a manner, performed a service in a manner, or sold, offered for sale, displayed for sale or distributed to a person actually or apparently under the age of 16 years, any thing that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of 16 years. (3) A person whose licence has been suspended under Section 4(2)(b) of this bylaw may appeal to the Council, which may, on the appeal, confirm or set aside the suspension on terms acceptable to the Council. (4) The Licence Inspector is hereby authorized to enter, at all reasonable times, on any property which is subject to the provisions of this bylaw to ascertain whether the provisions of this bylaw are being observed. Consolidated Version of Business Licence Bylaw No Page 11 of 20

14 5. EFFECT OF LICENCE (1) A licence granted pursuant to this bylaw authorizes the business to be carried on only at the premises or locations described in the licence. (2) A licence is not a representation or warranty that the licensed business or the business premises comply with the bylaws of the Town or with any other regulations or standards. The holder of the licence remains responsible to ensure compliance with all bylaws and enactments. Consolidated Version of Business Licence Bylaw No Page 12 of 20

15 6. GENERAL (1) If any section, subsection or clause of this bylaw is held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and shall not effect the validity of the remainder of this bylaw. (2) A person who carries on a business for which a licence is required by this bylaw without holding a valid and subsisting licence for the business commits an offence and is punishable in accordance with the Offence Act. (3) Every person who violates any provision of this bylaw is guilty of an offence and shall be liable on summary conviction to a total fine of not more than two thousand dollars ($2,000.00) plus the cost of prosecution for each offence. (4) Every day or portion of day for which an offence continues shall constitute a new offence, and separate charges may be laid for each day in which an offence occurs. (5) Business Licence Bylaw No. 1026, 1996 and all subsequent amendments are hereby repealed. Read a FIRST time this 3rd day of February, Read a SECOND time this 3rd day of February, Read a THIRD time this 3rd day of February, ADOPTED this 17th day of February, [original signed by mayor] MAYOR [original signed by clerk] CLERK Consolidated Version of Business Licence Bylaw No Page 13 of 20

16 SCHEDULE A - LICENSE FEES BUSINESS LICENSE BYLAW NO. 1045, 1997 The annual fee for a business licence for all classifications of business shall be $75.00, with the following exceptions: DESCRIPTION ANNUAL FEE 1. Home based small business (sole proprietor, no employees) Neighbourhood pub, licensed dance hall, cabaret, Elks Hall, Legion Real Estate office, property developers Transportation of goods and/or people General construction contractor or contractor with retail outlet Hotel/motel operating own restaurant or lounge All light and heavy commercial/industrial undertakings, including automotive, RV, equipment & machinery dealerships Bank, Credit Union, Hardware Store, Drug Store, Building Supply Supermarkets, Department Store, Grocery Chain Store Itinerant Show or Entertainment, Horse Racing Per Day Theatre, Amusement Hall, Concert Hall, Music Hall, Opera House, Rink, Amusement Park 6 Month Month Month Day Mobile Street Vendor Stationary Street Vendor ADDITIONAL FEES Stationary Park Vending and Stationary Downtown Street Vending Sites , 2017 Licence to Use - 1 month (no parking stall consumed) Additional fee for each parking stall consumed - 1 month Consolidated Version of Business Licence Bylaw No Page 14 of 20

17 SCHEDULE "B" BUSINESS LICENSE APPLICATION BUSINESS LICENSE BYLAW NO , 2002 Consolidated Version of Business Licence Bylaw No Page 15 of 20

18 SCHEDULE "B" BUSINESS LICENSE APPLICATION BUSINESS LICENSE BYLAW NO , 2002 Consolidated Version of Business Licence Bylaw No Page 16 of 20

19 BYLAW NO , 2002 SCHEDULE C Consolidated Version of Business Licence Bylaw No Page 17 of 20

20 BYLAW NO , SCHEDULE D Potential Parks That Could Accommodate Stationary Street Vendors LEGEND Existing Municipal Concession 1. Gyro Park 7 1 Potential for Vendor Trucks and/or Vendor Carts 2. Ball Diamonds 3. Kinsmen Park 4. Goodman Park 5. Desert Park 6. Arena/Curling Rink/Skateboard Park Potential only for Vendor Carts 7. Lions Park 8. Pioneer Walkway 9. Legion Beach Unsuitable Parks Jack Shaw Gardens Veterans Park Cottonwood Park North Cottonwood Park Cottonwood Park Trails Beach Accesses 5 Consolidated Version of Business Licence Bylaw No Page 18 of 20

21 EXCERPT FROM ZONING BYLAW NO. 1085, 1998 Consolidated Version of Business Licence Bylaw No Page 19 of 20

22 BUSINESS LICENCE S BYLAW # AMENDMENT DATE Text Amendment to Home Occupations and revisions to application form and licence Text amendment regarding short-term vacation rentals Text amendment to licence term and inclusion of Inter-Community Business licence options. Text amendment to Section 3 Regulations, subsections (2) and (3) regarding stationary and mobile street vendors Text amendment to Section 2 Definitions to replace Mobile Business with Inter-Community Business Text amendment to Schedule A to replace Municipal Park Vending Site with Stationary Park Vending and Stationary Downtown Street Vending Sites Apr 15/2002 Dec 17/2007 Jun 15/2009 Jun 15/2009 Mar 06/2017 Consolidated Version of Business Licence Bylaw No Page 20 of 20