CITY OF DELTA BYLAW NO Delta Business Licence Bylaw

Transcription

1 CITY OF DELTA BYLAW NO Delta Business Licence Bylaw October 16, 2017 Print October 31, 2017 THIS CONSOLIDATION IS FOR CONVENIENCE AND REFERENCE PURPOSES ONLY. If there is any discrepancy between this consolidation and the original Bylaw and any amending Bylaws, the original Bylaw and any amending bylaws are correct. For confirmation of the exact terms of the Bylaw, you must consult the original Bylaw and all amending bylaws.

2 PART 1 CITATION AND EFFECTIVE DATE... 4 PART 2 REPEAL... 4 PART 3 INTERPRETATION AND AUTHORITIES... 4 PART 4 DEFINITIONS... 5 PART 5 GENERAL REGULATIONS Licence Requirement Licence Exemptions Licence Application Licence Fees Licence Posting Licence Periods Licence Changes Inspection Licence Terms and Conditions Refusal of a Licence Licence Suspension or Cancellation PART 6 SPECIFIC PROVISIONS Adult Entertainment Stores Alcohol and Drug Recovery House Animal Daycare Animal Groomer Automobile Immobilizing Automobile Towing Automobile Wrecking, Salvage and Motor Vehicle Repair Bed and Breakfast Body Rub Studio, Body Painting Studio, and Model Studio Christmas Tree Sales Contractor Donation Bin Drug Paraphernalia Drug Stores and Pharmacies Employment Agencies, Talent Agencies, and Recruiting Services Health Enhancement Centre or Massage Parlour Hotel... 33

3 Ice Cream Vendor Junk and Scrap Kennel Landfill Gas Cogeneration Facilities Licensed Establishment Methadone Dispensing Pedlar and Vendor Pet Stores Portable Food Vendor Post Box Rental Agency or Mail Drop Service Real Estate Management Restaurants Second Hand Dealer Secondary Suites Shipping Containers Social Escort Services Tax Buyers Thrift Store and Drop Off Box Transport and Delivery Service Vehicle Parking Vending Machines PART 7 COST RECOVERY, AND IDENTIFICATION Remedy and Cost Recovery for Default Identification PART 8 ENFORCEMENT AND PENALTY Fines and Penalties No Duty of Care... 48

4 THE CORPORATION OF DELTA BYLAW NO The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 CITATION AND EFFECTIVE DATE 1.1. This Bylaw may be cited as Delta Business Licence Bylaw No. 7670, This bylaw comes into force and effect on November 1, PART 2 REPEAL 2.1. Delta Business Licence Bylaw No. 4019, 1986, and all its amendments, is repealed. PART 3 INTERPRETATION AND AUTHORITIES Severability 3.1. 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 portion. Successorship of Delegated Authority 3.2. Words in the Bylaw directing or empowering any officer or employee of The Corporation of Delta to do any act or thing, or otherwise applying by name of office, includes successors in such office and any lawful deputy, and any person who is duly appointed to act in that officer or person's place. References to Enactments 3.3. A reference to a statute in this bylaw refers to a statute of the Province of British Columbia unless otherwise indicated, and a reference to any statute, regulation code, or bylaw refers to that enactment as it may be amended or replaced from time to time Except as otherwise indicated in this bylaw, words and phrases herein are to be construed in accordance with their meanings in the Community Charter and the Interpretation Act, as the context and circumstances require. 4

5 PART 4 DEFINITIONS 4.1. In this Bylaw, unless otherwise specified: Adult Entertainment Store Adult Magazine Alcohol and Drug Recovery House Amusement Machine Animal Animal Daycare Animal Groomer Animal Hospital Applicant Arcade means a Business that operates in the manner defined as Adult Entertainment in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means a building that contains sleeping units for persons receiving care and support for recovery from alcohol and drug dependency. means a machine on which mechanical, electrical, automatic, computerized, video, online, or internet games are played for amusement or entertainment and for which a coin or token may be inserted or a fee charged for use. means any member of the animal kingdom, other than a human being. means a Business located within a building which offers care for household pets, but excludes overnight boarding and the animal shelter located at 7505 Hopcott Road or an Animal Hospital. means a Business that provides professional hygienic care and cleaning services to Animals, but excludes the animal shelter located at 7505 Hopcott Road or an Animal Hospital. means premises where Animals receive medical and surgical treatment as authorized under the Veterinarians Act. means any person that applies for a Licence pursuant to this bylaw. means a Business where five or more Amusement Machines are made available to members of the public for a fee. 5

6 Automated Teller Machine Automobile Immobilizer Automobile Towing Automobile Wrecking and Salvage Bed and Breakfast Body Rub Body Rub Studio Body Painting Studio Business Bylaw Enforcement Officer means a machine that permits a customer to access and use one or more financial services customarily provided by a financial institution and includes such a machine that is located in or affixed to any premises. means a device, including a wheel lock device, a denver boot, or other device designed to be affixed to the wheels or axle of a vehicle to prevent the movement of the vehicle. means a Business using a Tow Vehicle. means a Business involving the removal of used parts from vehicles for resale and disposal of the remainder as junk, salvage, or scrap. means a Business providing temporary accommodation of paying guests, for whom meals may also be provided as part of the paid service. means the manipulating, touching, or stimulating, by any means, of a person s body or part of the body, but does not include medical, therapeutic, or cosmetic massage treatment given by a person duly licensed or registered under any statute of the Province of British Columbia governing these activities. means premises where a Body Rub is performed, offered, or requested for a fee. means premises where, directly or indirectly, a fee is paid for any activity involving the application of paint, powder, or similar materials to the body of a person. means the carrying on of a commercial or industrial undertaking of any kind or nature, or the providing of professional, personal, or other services for the purpose of gain or profit. means any person appointed to enforce the provisions of this Bylaw and includes a Bylaw Inspector. 6

7 Charitable Casino Cheque Cashing Centre Christmas Tree Sales Clerk Cogeneration Facility Contractor Council Derelict Vehicle has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means to sell, or offer for sale, Christmas trees. means the Corporate Officer for The Corporation of Delta. has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means a person who undertakes to perform construction, building, carpentry, plastering, lathing, shingling, concrete work, or any other such work or service for profit or gain. means the Council of The Corporation of Delta. means a vehicle that: (a) (b) (c) is not licensed for the current year and is not capable of being moved by its own motive power; or is reduced to parts, frames, or bodies of a vehicle unless such vehicle or parts thereof are situated in and enclosed by a building. is missing parts, including, but not limited to doors, hood, trunk, tires, bumpers, lights, or windows. Donation Bin Drug Paraphernalia means a container or structure for donated goods. means any product, equipment, thing, or material of any kind primarily used to produce, process, package, store, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance as defined in the Controlled Drugs and Substances Act, SC 1996, c

8 Drug Store Dumpster Business Employment Agency Environmental Officer Fireworks Vendor Health Enhancement Centre Hotel Ice Cream Vendor Junk and Scrap Kennel Licence has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means a Business involving the placement and/or emptying of dumpsters in the Municipality. means an agency or Business that finds employers or employees for those seeking them. means a person employed as such by The Corporation of Delta means a person who engages in the Business of display, distribution, or sale of fireworks to the general public. means a Business used to enhance health through therapeutic touch techniques, including, but not necessarily limited to, shiatsu, acupressure, reflexology, bio-kinesiology, hellerwork, polarity, reiki, rolfing, and trager, but excludes Body Rub Studios. has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means a person who sells or offers to sell ice cream, frozen novelty products, and related food items from a vehicle to the general public for immediate consumption. means any scrap, waste, discarded material, goods or debris whether or not stored for salvage, dismantling, recycling, or resale. means a Business that uses land, buildings or structures as defined in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time to contain or board Animals, but excludes the animal shelter located at 7505 Hopcott Road or an Animal Hospital. means a valid and subsisting business licence to carry on a Business, trade, profession, or other 8

9 occupation, issued and approved pursuant to this bylaw. Licence Fee Licence Inspector Licensed Establishment Licensee Mail Drop Service Massage Parlour Medical Health Officer Methadone Clinic Methadone Dispensary Model Studio means the money paid as described in Schedule A of this bylaw to obtain a Licence under this bylaw. means the Manager of Property Use & Compliance, or their designate. means any Business licensed under the provisions of the Liquor Control and Licensing Act. means a person or corporation to whom a current Licence has been issued under this bylaw. means a Business that collects mail at premises owned, occupied, or used by it on behalf of a person or persons who are not normally occupants of the premises. means a Business operating in the manner defined as Massage Parlour in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means a medical health officer designated under section 71 of the Public Health Act. means a Business operating in the manner defined as Methadone Clinic in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means a Business operating in the manner defined as Methadone Dispensary in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means premises where, directly or indirectly, a fee is paid for the furnishing of persons as models who pose in a state of Nudity on the premises for the purpose of being sketched, painted, drawn, sculptured, photographed, or otherwise depicted, but does not include: (a) a studio that functions as an educational institution authorized under legislation of the 9

10 Province of British Columbia governing educational institutions; (b) (c) a studio that functions to provide models who are sketched, painted, drawn, sculptured, photographed, or otherwise depicted and the depiction is produced for commercial purposes; or a studio that is being operated for purely artistic purposes. Motor Vehicle Repair Municipality Nudity Pawn Peace Officer Peddle Pedlar Pet Store Pharmacy means a Business that that provides maintenance or repair services for motor vehicles. means the geographic area governed by The Corporation of Delta. means the showing of the post-pubertal, human, male or female genitals or pubic area with less than a full, opaque covering. means the deposit of personal property as a pledge or collateral security for an assessed value. means an officer, provincial constable, municipal constable, chief constable, special municipal constable, or special provincial constable, all of which are defined in the Police Act means to sell or offer for sale merchandise to be immediately delivered to the customer. means a person who Peddles by going from door to door, or by appointment and demonstration. means a retail store where animals are offered for sale or are sold to the public and does not include the animal shelter located at 7505 Hopcott Road. has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. 10

11 Polyclinic Portable Food Vending Cart Portable Food Vendor Post Box Post Box Rental Agency Real Estate Management Recognized Association of Practitioners Recruiting Service Restaurant Sadomasochistic Behaviour Scott Road Corridor has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means a cart, vehicle, or other conveyance or thing used by a Portable Food Vendor to operate his or her Business means a person who sells or offers to sell food items to the general public for immediate consumption from a Portable Food Vending Cart. means a box or other receptacle used or intended to be used for the collection or storage of mail. means a Business that makes available for rent, lease, purchase, possession, or use, one or more Post Boxes to persons who are not normally occupants of the premises where the Post Box or Post Boxes are located, but does not include Canada Post. means a Business that manages or leases multiple residential, commercial, or industrial properties in the Municipality. means an organization specified by the Province of British Columbia as the college for a health profession under the Health Professions Act and includes, but is not limited to, the College of Massage Therapists of British Columbia. means a Business that finds employees for employers who are seeking employees. means a Business that prepares, serves, and sells food and beverages to the public for consumption on the premises or elsewhere. means scenes involving a person or persons, any of whom are in a state of Nudity, who are engaged in activities involving flagellation, fettering, binding, or other physical restraint of any other person. means the area outlined in bold in Schedule C of this bylaw. 11

12 Seasonal Vendor Second Hand Articles means a person or company offering merchandise for sale for a maximum of 60 days during one calendar year. means any used goods offered for sale or taken in Pawn, including, but not limited to, the following: (a) (b) used clothing, furniture, costume jewelry, footwear, and house ware items such as dishes, pots, pans, cooking utensils, and cutlery; and used books, papers, magazines, vinyl records, compact discs, digital versatile discs and long play records. Second Hand Dealer means a person carrying on the Business of buying, selling, taking in Pawn, procuring or offering for sale Second Hand Articles and includes the following persons, stores, and transactions: (a) (b) (c) (d) (e) (f) (g) a person who is licensed by the Province of British Columbia to deal in used vehicles; a person who deals only in antiquities; a person who only purchases, sells, or collects recyclable materials for the sole purpose of recycling; a Thrift Store or charity store that receives Second Hand Articles by donation; transactions involving Second Hand Articles purchased at a public auction where the seller s name and address is recorded in the records of the auction house; transactions involving Second Hand Articles purchased at a consignment store where the seller s name and address is recorded in the records of the consignment store; transactions involving an exchange or trade of one or more Second Hand Articles for one or 12

13 more Second Hand Articles where no money is given by the dealer to the person from whom the Second Hand Article was received; and (h) a person who engages in a Business of purchasing gold, silver, or other precious metals for credit or instant monetary return. Secondary Suite Sexual Act Shipping Container Social Escort Service Talent Agency Tax Buyer Thrift Store Tow Vehicle has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. has the same meaning as in the Motion Picture Act Regulations. has the same meaning as in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. means the Business of providing male or female escorts for social occasions. means a Business or agency that represents performers, artists, or authors. means a person carrying on the Business of purchasing or otherwise acquiring by way of assignment or other method, another person s right to claim and receive a refund of tax paid under the Income Tax Act, which is due to the other person, but does not include a person licensed under any statute to perform that or a similar function. means a Business that sells used goods and articles to benefit a charitable organization. means a vehicle that is equipped with: (a) (b) a winch and boom device or a wheel lift device or both, and is designed for towing other vehicles by means of that device, or a deck that tilts and slides, a winch for self loading not more than two vehicles onto the deck, and either a lifting tow bar or a wheel lift 13

14 device designed for towing other vehicles by means of that bar or device. Transport and Delivery Service means a Business that engages in the delivery, pick up, drop off, or transfer of goods, items, people, Animals, or other such things and includes, but is not necessarily limited to, couriers, taxi cabs, trucks hauling Shipping Containers, recycling services, and delivery vehicles of any kind. Vending Machine means any machine or device that: (a) (b) is operated by or requires for the operation thereof the insertion of a coin, token, currency of any kind, credit card, or bank card, and sells or dispenses a service or goods, or provides music recreation, or amusement of any kind whatsoever. PART 5 GENERAL REGULATIONS Licence Requirement 5.1. Except as otherwise provided in this bylaw, no person may carry on, maintain, own, or operate a Business without holding a valid and subsisting Licence Where a Business is carried on in or from more than one premises in the Municipality, the Business carried on in or from each premises is deemed to be a separate Business. Licence Exemptions 5.3. No Licence is required with respect to: (a) any Business, the entire proceeds of which, above actual bona fide expenses, are devoted to charitable purposes, as determined by the Licence Inspector, and does not include a Charitable Casino, Methadone Clinic, Methadone Dispensary, Pharmacy, Polyclinic, Donation Bins, or any Business where wages are paid; or (b) governments, but not crown corporations, specifically: i. Federal Ministries; 14

15 ii. iii. iv. Provincial Ministries; Metro Vancouver; or The Corporation of Delta. Licence Application 5.4. All applications for a Licence pursuant to this bylaw must: (a) be made to the Licence Inspector in the form provided for that purpose; (b) be signed by the owner or operator of the Business or their duly authorized agent as a sworn legal authority; and (c) contain a true and accurate description of the following information: i. the nature of the Business; ii. iii. iv. the full names and civic residential addresses of all owners of the Business; the premises, including the civic address, from which the Business is conducted; an after normal business hours contact telephone number; and v. any other information the Licence Inspector may require with respect to the operation of the Business and its location The Licence Inspector may review the application to verify general compliance with this bylaw and other applicable enactments. Any errors or omissions in the information provided by the Applicant on the application will be the sole responsibility of the Applicant Prior to granting a Licence for a Business, the Licence Inspector may, at their discretion, require all premises associated with the Business, including any vehicles, to be approved by various departments of The Corporation of Delta, including, but not limited to Fire & Emergency Services, Community Planning and Development, Climate Action & Environment, and Property Use & Compliance, as well as the Delta Police Department and the Environmental Health Officer or Public Health Inspector. 15

16 5.7. No Licence shall be issued to any Applicant if the use for which the Licence is sought would be in violation of any provisions of any bylaws of The Corporation of Delta or Federal or Provincial laws The Applicant bears all responsibility to ensure that the proposed Business complies with all applicable bylaws of The Corporation of Delta and with all other enactments, laws, rules, codes, regulations or orders of the Government of Canada, the Province of British Columbia, and any other authority having jurisdiction over the proposed business The issuance of a Licence is not representation by the Licence Inspector or The Corporation of Delta that the Business complies with any bylaws of The Corporation of Delta or other enactments, laws, rules, codes, regulations or orders of the Government of Canada, the Province of British Columbia, or any other authority having jurisdiction over the proposed business The Licence Inspector may require an Applicant or Licensee to provide proof of certification, approval or qualification required by an authority having jurisdiction over the Business or proposed Business, including but not limited to the Government of Canada, the Province of British Columbia and The Corporation of Delta. Licence Fees Every applicant must, at the time of making the application, pay to The Corporation of Delta the Licence Fee set out for their Business in Schedule A of this bylaw No Licence shall be issued until the payment of the Licence Fee is made No reduction or refund of the annual Licence Fee will be made by The Corporation of Delta due to any Licence holder ceasing to own or operate the Business during the Licence year for which the Licence was issued In the event a Business is found to be operating without a Licence, in addition to any fine for an offence, The Corporation of Delta may collect the fees appropriate for the Business for its prior years of operation, to a maximum of three years. Licence Posting The valid Licence must be posted in a conspicuous public place on the premises, vehicle, or other article for which the Licence was issued at all times that the Business is operating. 16

17 5.16. For a Business operating in the Municipality without premises, the owner or operator of the Business must provide the valid Licence, or an electronic copy of the valid Licence, for that Business to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector upon request. Licence Periods All Licences issued under this bylaw will be granted for an annual period, unless stated otherwise in Schedule A or on the Licence itself The annual period commences on the earlier of: (a) the date on which the applicant for the Licence commenced the Business for which the Licence was sought; and (b) the date of issuance of the Licence. Licence Changes An owner or operator must not make a change to a Business, including, but not limited to a change: (a) in location of the Business premises; (b) to the name of the Business; (c) to the owner or operator stated on the Licence; (d) to the Licensee s contact information; (e) to the nature of the Business; (f) in the case of a restaurant, to the seating; (g) to any term or condition on which the Licence was issued; or (h) that would increase the Licence Fee for the Business without first applying to the Licence Inspector to have the Licence changed. The same powers, conditions, requirements, and procedures relating to the granting or refusal of a Licence shall apply to all applications for a Licence change A person applying for a Licence change must, at the time of applying, pay to The Corporation of Delta the amount by which the Licence Fee will increase. 17

18 5.21. The powers, conditions, requirements and procedures relating to the granting or refusal of a Licence apply to all applications for a Licence change. Inspection On receipt of an application and before issuing any Licence or authorizing a change with respect to an existing Licence, the Licence 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 that may be required by a federal, provincial, or municipal authority with respect to the Business Every owner or operator of a Business must provide such information with respect to the Business as the Licence Inspector reasonably requests for the purpose of ensuring that the requirements of this bylaw are being fulfilled Subject to section 16 of the Community Charter, the Licence Inspector may enter the premises at a reasonable time to inspect and determine whether the regulations and requirements of this bylaw and the Licence are being met. Licence Terms and Conditions Council or the Licence Inspector may impose terms and conditions on a Licence in addition to the terms and conditions imposed by this bylaw The terms and conditions imposed on a Licence may include any one or more of the following requirements: (a) that the Licensee comply with a particular provision of a bylaw of The Corporation of Delta or any other provincial or federal enactment within a specified period of time; (b) that the Licensee provide the Licence Inspector with evidence satisfactory to the Licence Inspector of compliance with any provision specified by section 5.25 within a specified period of time; (c) that a person providing a service, including, but not necessarily limited to, an esthetician, massage therapist, or cosmetologist meet specific qualifications; (d) that one or more public waste containers be provided and maintained on the property of the Business, outside the Business premises; 18

19 (e) that the Business premises be brought up to the standard required for such use by any applicable bylaws of The Corporation of Delta; and (f) that the Business may only operate at specified times A Licensee must comply with: (a) the terms and conditions on a Licence; and (b) the terms and conditions imposed by this bylaw Every person who carries on a Business in the Municipality must comply with all applicable bylaws of The Corporation of Delta, and all applicable enactments, laws, rules, codes, regulations or orders of the Government of Canada, the Province of British Columbia, and any other authority having jurisdiction over the proposed business. Refusal of a Licence An application for a Licence or renewal of a Licence may be refused by Council or the Licence Inspector (a) Where the proposed Business or any use of the land on which the Business is proposed to be carried out would not comply with any applicable bylaw of The Corporation of Delta; or (b) For any other reasonable cause provided that: i. the application must not be unreasonably refused; and ii. reasons for the refusal must be given The Licensee, owner or operator of the Business must pay all outstanding fees and fines and outstanding debts owed to The Corporation of Delta by the Business, the Licensee, and the owner and operator of the Business before a Licence will be issued or renewed If the Licence Inspector has refused to grant a Licence, the applicant who is subject to the decision is entitled to have Council reconsider the matter. 19

20 Licence Suspension or Cancellation A Licence may be suspended or cancelled by Council or the Licence Inspector for reasonable cause. Without limiting what constitutes reasonable cause, any one or more of the following circumstances may constitute reasonable cause: (a) the Licensee i. fails to comply with; or ii. causes or permits the Business or the premises named in the Licence to be operated contrary to any term or condition of the Licence, this bylaw, or any other bylaw of The Corporation of Delta; (b) the Licensee is convicted of an indictable offence in Canada, which offence is, in the opinion of Council or the Licence Inspector, directly related to the Business; (c) the Licensee has ceased to meet the lawful requirements to carry on the Business for which the Business is licenced or with respect to the use of the premises named in the Licence; (d) in the opinion of Council or the Licence Inspector, the Licensee has conducted their 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, anything that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of 16; or (e) in the opinion of Council or the Licence Inspector, the Licensee has engaged in misconduct that warrants the suspension or cancellation of the Licence, if the misconduct is in respect of the Business or the premises associated with the Licence If the Licence Inspector refuses, suspends, or cancels a Business Licence, the Licence Inspector must notify the Applicant or Licensee of the notice of refusal, suspension or cancellation and the ability to apply for reconsideration under Section If a Licence has been suspended or cancelled, the Licence Inspector may post a notice in the form prescribed by him or her that the Business must cease operations. 20

21 5.35. A person must not remove the notice posted under Section A suspension of a Licence is for the period determined by Council or the Licence Inspector and may include additional conditions that apply after the suspension period. Reconsideration If the Licence Inspector refuses, suspends or cancels a Licence under this Bylaw, the Applicant or Licensee who is subject to that decision may apply to Council for reconsideration of the decision within 10 business days following delivery to the Applicant or Licensee of the notice of refusal, suspension or cancellation An application for reconsideration must be delivered in writing to the Clerk and must set out: (a) the name of the Business or proposed Business; (b) the date of the request; (c) the reasons why the person requesting reconsideration believes Council should overturn or amend the decision by the Licence Inspector; and (d) the decision that the person requesting reconsideration considers Council ought to make Subject to any enactment prohibiting the disclosure of personal information, the Clerk must place each application for reconsideration on the agenda of a Regular Meeting of Council for referral to Committee of the Whole Meeting and notify the person requesting reconsideration of the date of the meeting at which the reconsideration will occur The person requesting reconsideration must submit to the Clerk one copy of any written or electronic material the person wishes to present at the meeting that has not already been delivered to the Clerk at least seven days before the day scheduled for hearing the request for reconsideration The Licence Inspector must deliver to the person requesting reconsideration a copy of any report he or she intends to submit to Council at least 10 days before the day scheduled for hearing the request for reconsideration At the Committee of the Whole Meeting, the Committee of the Whole shall first hear from the Licence Inspector, and/or receive any written report that was provided to the person requesting reconsideration in accordance with Section 5.41, then hear from the person requesting reconsideration, if present, and 21

22 receive any written or electronic submissions the person submitted in accordance with Section After hearing from the Licence Inspector and the person requesting reconsideration, if present, the Committee of the Whole may overturn, confirm or amend the decision of the Licence Inspector or substitute its own decision After Council rises from Committee of the Whole, Council may, at the same or a subsequent meeting, confirm or amend the decision of the Committee of the Whole or substitute its own decision If an enactment prohibits the disclosure of personal information relating to the request for reconsideration, (a) the Clerk must place the request for reconsideration on the agenda of a Closed Meeting of Council; (b) the request for reconsideration shall be considered by Council; and (c) the procedures established above shall apply with the necessary changes. PART 6 SPECIFIC PROVISIONS Adult Entertainment Stores 6.1. An owner or operator of an Adult Entertainment Store must not: (a) permit any person to be on the store premises at any time unless the person is 18 years of age or over; or (b) exhibit or permit to be exhibited in any window at the premises or viewed from outside the premises, any graphic sexual material or language, sex paraphernalia, or depiction of a Sexual Act Except where the business is an Adult Entertainment Store with a Licence under this bylaw, a person must not display or permit to be displayed an Adult Magazine at any premises unless: (a) all Adult Magazines are located on a shelf that is at least 47 inches from the floor at its bottom edge; and (b) all Adult Magazines are placed behind a sheet of opaque plastic or other opaque substance that extends for the full length of the shelf where the Adult Magazines are placed and vertically at least 8 inches from the bottom of the shelf. 22

23 Alcohol and Drug Recovery House 6.3. No Licence will be issued for an Alcohol and Drug Recovery House without the Licensee providing a valid criminal records check or police information check to the Licence Inspector A building used for an Alcohol and Drug Recovery House must comply with all bylaws and regulations of The Corporation of Delta The owner or operator of an Alcohol and Drug Recovery House must: (a) keep a register book of all persons provided accommodation, including dates of arrival and departure; (b) require every person provided accommodation to sign the register book; and (c) produce the register book for inspection upon the request of a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector. Animal Daycare 6.6. An owner or operator of an Animal Daycare must: (a) ensure that all dogs for which the Animal Daycare is responsible that are required to be licenced under Delta Animal Control Bylaw No. 6893, 2010, as amended or replaced from time to time, wear the licence tag issued for that dog; (b) ensure that every Animal for which the Animal Daycare is responsible for that is not required to be licenced under Delta Animal Control Bylaw No. 6893, 2010, as amended or replaced from time to time, bears sufficient identification to allow a person finding the Animal to contact the Animal s owner; and (c) not keep, board or harbour client Animals overnight. Animal Groomer 6.7. An owner or operator of a Business operating as an Animal Groomer must not: (a) practice veterinary medicine as described by the Veterinarians Act; or (b) board, harbour, or otherwise keep Animals overnight. 23

24 Automobile Immobilizing 6.8. An owner or operator of an Business making use of an Automobile Immobilizer must: (a) display in a conspicuous place, in all locations where vehicles may be immobilized, signs at least 35.5 centimetres by 50 centimetres with letters and numbers at least 5 centimetres in height made of a reflective material containing the following information: i. the conditions under which the parking of a vehicle will be considered unauthorized; and ii. the name and 24 hour telephone number of the Business responsible for immobilizing the vehicles at that location. (b) ensure that once a vehicle has been fitted with an Automobile Immobilizer, a person with the means and authority to remove the device and carrying identification showing the authority to immobilize vehicles at the location is on site at all times until the vehicle s owner or operator has reclaimed the vehicle; (c) prior to immobilizing a vehicle, place a written notice on the windshield of the vehicle, setting out the reasons and the authority for the immobilization; (d) for the enforcement of time limited parking, wait 5 minutes for every 15 minutes of regulated time parking, prior to immobilizing a vehicle; (e) maintain a written record, available to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector upon request, of all vehicles that have been immobilized, identifying the vehicle and the times when the vehicle was immobilized and released from immobilization; and (f) provide evidence, satisfactory to the Licence Inspector, that the owner or operator has comprehensive general liability insurance of at least $2,000,000.00, which includes a cross-liability clause and specifies The Corporation of Delta as an additional insured An owner or operator of Business making use of an Automobile Immobilizer must not: (a) immobilize a vehicle and tow the vehicle for the same offence; (b) charge more than a total of $30.00 plus applicable taxes for the combination of installation and removal of an automobile immobilizing device; or 24

25 (c) use an Automobile Immobilizer in parking stalls designated as disabled parking, or in designated fire lanes. Automobile Towing An owner or operator of an Automobile Towing Business must: (a) ensure that the Tow Vehicle has the name of the Automobile Towing Business or the owner and the Business telephone number permanently fixed to the side of the cab in lettering at least 10 centimetres in height and kept clear and legible at all times; (b) not remove any vehicle from private property without the consent of the vehicle s owner unless: i. at least one sign is conspicuously displayed on the property, including at the entrance to the property, at the time of towing the vehicle. The sign must: a) state the conditions under which the parking of vehicles will be considered unauthorized and that unauthorized vehicles will be towed; b) state the name and telephone number of the automobile towing Business that will be removing the unauthorized vehicles; c) be coated with a reflective material so that it is clearly visible at all times; d) be not less than 40 centimetres by 60 centimetres in size with letters and numbers not less than 5 centimetres in height; and e) be located not more than 2.75 metres nor less than 2 metres above grade measured from the bottom of the sign. ii. iii. the vehicle is taken to a lighted impound lot protected by a fence of at least 1.8 metres in height with a locked gate and a 24 hour telephone answering service; and the owner or occupier of such property provides a written request for the vehicle s removal in advance utilizing the form attached as Schedule B with all information on the form provided; or 25

26 iv. the vehicle is subject to trespass and the owner or occupier of such property provides a written request for the vehicle s removal in advance utilizing the form attached as Schedule B with all information on the form provided. (c) respond at the impound lot within 60 minutes for the purpose of releasing the impounded vehicle to the vehicle s owner after receiving a telephone call from a vehicle owner whose vehicle is stored at the impound lot; (d) not charge rates for removing vehicles from private property and subsequently storing them that are higher than fees, costs and charges set out under the Motor Vehicle Act Lien on Impounded Motor Vehicle Regulation as amended or replaced from time to time; (e) not charge more than $40.00 plus applicable taxes to let down the vehicle prior to it being towed from the private property if the vehicle s owner arrives after the Tow Vehicle operator has secured the vehicle; (f) wait 72 hours after impounding a vehicle before incurring any costs associated with a title search or disposal of the vehicle under any requirements of the Warehouse Lien Act as amended or replaced from time to time; (g) prior to impounding a vehicle, notify the Delta Police Department of the impoundment, giving a full description of the vehicle, its licence plate and vehicle identification number and the location where the vehicle was impounded and the location to which it was towed; and (h) maintain a record, to be produced at the request of a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, of all impounded vehicles that remain unclaimed or uncollected for more than 14 days after impounding, including a full description of the vehicle and its licence plate and vehicle identification number. Automobile Wrecking, Salvage and Motor Vehicle Repair An owner or operator of an Automobile Wrecking and Salvage Business or Motor Vehicle Repair Business must: (a) maintain a permanent building of at least 100 square metres on the property of the Business, which must contain an office together with washroom and cleanup facilities for employees; (b) where open storage is permitted: 26

27 i. maintain a screen of either buildings, solid decorative fencing, or landscaping around the storage area at least 2.5 metres high; and ii. store materials in the storage area not more than 3.5 metres high and within 5 metres of the screen not more than 2.5 metres high. (c) keep the premises in a clean, orderly, uncluttered, and unobstructed condition; (d) keep any building or fence on the premises in good and sufficient repair and properly painted; (e) not store or park a Derelict Vehicle outside the Business property; (f) not permit a Derelict Vehicle to be visible from an adjacent property or the property line between 10:00 pm on the first day and 6:00 am on the second day. (g) park all vehicles that are being, or may be, rebuilt, either presently, or in the future, so that the vehicles are not visible from an adjacent property or the property line. (h) not allow or permit any by-products or materials of the Business to escape from the property or enclosure, including, but not necessarily limited to, oil based products, paints, and antifreeze; (i) (j) maintain an accurate record on the premises, to be provided to a Peace Officer, Bylaw Enforcement Officer, or Licence Inspector upon request, of the vehicle identification numbers and the serial numbers of all automobiles and equipment bearing these numbers, the date and time the automobile and equipment was received, and identification of the person from whom the vehicle or equipment was received; maintain an accurate record on the premises, to be provided to the Licence Inspector upon request, of proper hazardous disposal and oil-water separator servicing by an authorized hazardous waste handling business; and (k) Open the lid of the oil-water separator for inspection purposes at the request of the Licence Inspector or an Environmental Officer. Bed and Breakfast An owner or operator of a Bed and Breakfast must: 27

28 (a) provide to the Licence Inspector the number of bedrooms intended for the operation and whether meals are to be provided; (b) maintain records of all patrons, pursuant to the Hotel Guest Registration Act, to be provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector; (c) post a copy of the fire evacuation plan, showing the location of exits, fire extinguishers, and smoke detectors, in each guest room; (d) request inspection of the premises at the time the Licence application is made; (e) accommodate no more than six patrons at the premises at any one time; and (f) provide one designated parking spot for each bedroom, to be used exclusively for patron vehicles. Body Rub Studio, Body Painting Studio, and Model Studio An owner or operator of a Body Rub Studio, Body Painting Studio, or Model Studio must: (a) provide the name, age, address, and description of every person proposed to be employed or engaged in the Business upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector; and (b) notify the Licence Inspector within 24 hours of any change in the personnel employed or engaged in the Business An owner or operator of a Body Rub Studio, Body Painting Studio, or Model Studio must not: (a) employ or engage any person in the Business without first receiving the approval of the Licence Inspector; (b) employ any person at the premises unless that person is 19 years of age or over; (c) permit any person to be on the premises at any time unless the person is 19 years of age or over; (d) permit any person to enter or remain on the premises between the hours of 12:00 midnight and 8:00 a.m.; 28

29 (e) permit any person engaged in providing a Body Rub at the premises to perform a Body Rub unless the person is wearing clean, washable, nontransparent outer garments covering the body between the neck and the top of the knee; (f) lock exterior doors permitting access to the premises while a patron is in the premises; (g) exhibit the body of any person in any window on or about the premises; or (h) exhibit or permit to be exhibited any sign outside of the premises showing nude body or part of a nude body or any printed words that might indicate that the premises is a place that offers any form of sexual or nude entertainment Every application for a Licence for a Body Rub Studio, Body Painting Studio, or Model Studio must be accompanied by a floor plan of the entire premises in the scale and detail as may be prescribed by the Licence Inspector When any alterations are made to the premises, revised plans must be immediately filed with the Licence Inspector Every room used for Body Rub, body painting, or nude photography must: (a) not be less than 8 feet by 8 feet; (b) not be equipped with a locking device on any door to the room; (c) not have any means by which a person may view the interior of the room from the outside of the room other than a door providing entrance to the room; and (d) be equipped with lighting of at least 50 foot candle power at all points in the room, which must remain on when the door is closed. Christmas Tree Sales An owner or operator of a Christmas Tree Sales Business must: (a) locate the Business so that there is no visual obstruction to vehicular traffic or pedestrians or nuisance to the community; (b) not make sales before November 15 of any given year; 29

30 (c) provide to the Licence Inspector written permission for Christmas Tree Sales from the property owner; and (d) once Christmas Tree Sales are completed, leave the site in a clean and presentable condition A person who carries out Christmas Tree Sales and who is also licensed as a nursery for the same premises is not required to pay an additional Licence Fee for Christmas Tree Sales. Contractor Every person licensed as a Contractor must, within two weeks of delivery of a written request by a Bylaw Enforcement Officer or the Licence Inspector, provide a list of all sub-trades engaged on each specific job. Donation Bin An owner or operator of a Donation Bin Business must: (a) keep the area around the Donation Bin clear of any rubbish or discarded materials, as defined in Delta Property Enhancement Bylaw No. 7055, 2012, as amended; (b) place on each Donation Bin, the name and valid phone number of the person or Business responsible for the pickup, removal, processing, and cleanup of the Donation Bin; (c) not locate any Donation Bin on property, right-of-way, or other land owned by The Corporation of Delta; (d) not place a Donation Bin within 1.5 metres of a property line; (e) notify the Licence Inspector, upon request, of the address where each Donation Bin is located; and (f) provide to the Licence Inspector written permission for the Donation Bin from the property owner where the Donation Bin is located. Drug Paraphernalia An owner or operator of any Business must not: 30

31 (a) display or permit to be displayed on a street or in any window facing a street, or elsewhere that can be seen by any person from outside the premises, any Drug Paraphernalia; or (b) sell Drug Paraphernalia to any person under the age of 19 years except where the premises is a Pharmacy. Drug Stores and Pharmacies A Licence for a Drug Store shall only be issued where such a Business is located no less than 400 metres from any lot line of a lot occupied by a Drug Store, Polyclinic containing a Drug Store, or a Pharmacy within a food store or department store A Licence for a Pharmacy associated with a Drug Store shall only be issued where proof that the Pharmacy manager as defined in the Pharmacy Operations and Drug Scheduling Act, SBC 2003 is a registered member in good standing of the College of Pharmacists of British Columbia and a valid pharmacy licence issued by the College of Pharmacists of British Columbia is provided to the Licence Inspector A Licence for a Drug Store shall not be issued until a dimensioned floor plan illustrating the general retail floor area and dispensary area is approved by the Director of Community Planning and Development for The Corporation of Delta For any Polyclinic, a separate Licence is required for each medical service For any Pharmacy located within a food store or department store, a separate Licence is required for the Pharmacy. Dumpster Business An owner or operator of a Dumpster Business must: (a) notify the Licence Inspector, upon request, of the address where each dumpster is located; (b) ensure each dumpster is locked, except for when it is being loaded or unloaded, and except for dumpsters located at multi-family residential property, on agricultural property, within a secure structure or fenced compound at an industrial or commercial property, or when the dumpster is functioning as a temporary demolition bin; (c) ensure the area in the immediate vicinity of each dumpster is free and clear of any material, garbage, offensive odours, or overflow from the dumpster; 31

32 (d) maintain each dumpster free from graffiti; (e) post their name and contact information on each dumpster; (f) maintain each dumpster in good repair; and (g) keep each dumpster off of public rights-of-ways and roadways. Employment Agencies, Talent Agencies, and Recruiting Services An owner or operator of an Employment Agency, Talent Agency, or Recruiting Service must: (a) provide evidence satisfactory to the Licence Inspector that the owner or operator has obtained a licence as required under the Employment Standards Act R.S.B.C 1996, c. 113 as amended or replaced from time to time; and (b) comply with the requirements of the Employment Standards Act R.S.B.C 1996, c. 113 as amended or replaced from time to time. Health Enhancement Centre or Massage Parlour An owner or operator of a Health Enhancement Centre or Massage Parlour must not: (a) employ any person to administer services of any type of massage or treatment, including, but not limited to shiatsu, acupressure, reflexology, biokinesiology, hellerwork, polarity, reiki, rolfing, and trager approach, or any other therapeutic touch technique, unless that person holds valid membership in a Recognized Association of Practitioners or course documentation satisfactory to the Licence Inspector; (b) employ any person to administer a therapeutic touch technique, including, but not limited to those described in section 6.30(a) unless the person is qualified in that respect and has not been convicted of an offence under sections 212 or 213 of the Criminal Code; (c) employ any person to administer a therapeutic touch technique, including, but not limited to those described in section 6.30(a) unless the person is at least 19 years of age; (d) operate between the hours of 12:00 midnight and 8:00 a.m.; 32

33 (e) permit any person engaged in providing any type of massage treatment as described in section 6.30(a) at the premises to perform such treatment unless the person is wearing clean, washable, non-transparent outer garments covering the body between the neck and the top of the knee, the sleeves of which do not reach below the elbows; (f) lock exterior doors permitting access to the premises while a patron is in the premises; or (g) allow any employee or other person on the premises to engage in or offer to engage in an act of prostitution Every application for a Licence for a Health Enhancement Centre or Massage Parlour must be accompanied by a floor plan of the entire premises in the scale and detail as may be prescribed by the Licence Inspector When any alterations are made to the premises, revised plans must be immediately filed with the Licence Inspector Every room used for any type of massage treatment as described in section 6.30(a) must: (a) not be less than 8 feet by 8 feet; (b) not be equipped with a locking device on any door to the room; (c) not have any means by which a person may view the interior of the room from the outside of the room other than a door providing entrance to the room; and (d) be equipped with lighting of at least 50 foot candle power at all points in the room, which must remain on when the door is closed. Hotel An owner or operator of a Hotel must: (a) comply at all times with The Residential Standards of Maintenance Bylaw No. 6262, 2004, as amended or replaced from time to time. (b) maintain records of all patrons, to be provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, including: i. dates of arrival and departure; ii. name and home address; and 33

34 iii. if the guest is travelling by vehicle, the trade name of the vehicle, the vehicle s licence number, and the province or state in which the vehicle s licence was issued. (c) take all reasonable steps to eradicate infestations of insects, bugs, rodents, and all other pests to the satisfaction of the Licence Inspector. Ice Cream Vendor An Ice Cream Vendor must: (a) obtain written approval from the provincial agency responsible for health and the safe handling of food products; (b) meet all applicable provincial health regulations; (c) provide a garbage container and pick up all garbage and debris resulting from the Ice Cream Vendor located within 25 metres of the vehicle being used in the Business; (d) maintain the vehicle being used in the Business in good repair; (e) only stop the vehicle being used in the Business in the course of business while actively engaged in making a sale; (f) move to another location once all customers have been served; (g) provide to the Licence Inspector the name, age, address, birth date, and sex of all persons employed in the Business; (h) provide to the Licence Inspector a Police Information Check for all persons employed in the Business; and (i) provide evidence satisfactory to the Licence Inspector of comprehensive general liability insurance coverage of at least $2,000, An Ice Cream Vendor must not: (a) stand or locate within 100 metres of any premises offering for sale the same or similar items as the Ice Cream Vendor; (b) sell products outside of residential zones as described in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time; (c) sell products in parks, beaches, or on or adjacent to school grounds; 34

35 (d) operate before 8:00 a.m. or after 9:00 p.m.; (e) allow or permit any member of the general public to be inside the vehicle being used in the Business; (f) allow the amplified sound from the vehicle being used in the Business to be played at a higher level than 60 decibels measured 15 metres in front of the vehicle; (g) allow the amplified sound to play from the vehicle being used in the Business while the vehicle is stopped; or (h) allow any other person inside the vehicle being used in the Business. Junk and Scrap An owner or operator of a Business that has scrap metal as a by-product and operates in other than an industrial zone as described in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time, must: (a) contain its surplus scrap completely in a building or behind a walled or fenced area as approved by the Licence Inspector; and (b) not permit surplus scrap to be piled higher than the approved wall or fence An owner or operator of a Junk and Scrap Business must: (a) maintain records of all Junk and Scrap bought or received, to be provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, which shall include: i. the precise date and time at which each piece of Junk and Scrap was bought or received; ii. iii. iv. an account and description of each piece of Junk and Scrap bought or received; the amount paid or consideration provided for each piece of Junk and Scrap bought or received, or the details of other arrangements made for considerations; the name, address, place of residence, and description of the person from whom the Junk and Scrap was bought or received, to be supported by picture identification; and 35

36 v. the make, description, and provincial licence plate number of any vehicle used for delivery of any Junk and Scrap to the Junk and Scrap Business. (b) maintain records, to be provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, of all Junk and Scrap disposed of at a landfill or other disposal site; (c) at the request of a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, present for viewing by the Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, either in person or by electronic means, Junk and Scrap in the Junk and Scrap Business owner or operator s possession; and (d) display and maintain the Junk and Scrap Business owner s name and address plainly and visibly in English lettering on the front of the Junk and Scrap Business premises and on both sides of any vehicle used in carrying on the Junk and Scrap Business. Kennel The operator of a Kennel must: (a) reside on the parcel on which the Kennel is located; (b) ensure that all dogs for which the Kennel is responsible that are required to be licenced under Delta Animal Control Bylaw No. 6893, 2010, as amended or replaced from time to time, wear the licence tag issued for that dog; and (c) ensure that every Animal for which the Kennel is responsible for that is not required to be licenced under Delta Animal Control Bylaw No. 6893, 2010, as amended or replaced from time to time, bears sufficient identification to allow a person finding the Animal to contact the Animal s owner. Landfill Gas Cogeneration Facilities The operator of a greenhouse Business with a Cogeneration Facility accessory use fueled by landfill gas must: (a) submit to The Corporation of Delta, at six month intervals commencing six months from the date of the commissioning of the Cogeneration Facility, air emissions audits prepared by a professional engineer qualified in air emissions matters, demonstrating that landfill gas only is used to fuel the cogeneration process; 36

37 (b) submit annually to The Corporation of Delta, until equipment is installed in the Cogeneration Facility pursuant to Section 6.40(c), a report prepared by a professional engineer qualified in air emissions matters, assessing the current state of carbon dioxide scrubber technology for co-generation facilities fueled by landfill gas and operated in conjunction with the production of food for human consumption, and the cost-effectiveness of installing commercially available scrubber equipment in the Cogeneration Facility and; (c) within one year of being directed to do so by The Corporation of Delta on the basis of a report under Section 6.40(b) indicating its cost-effectiveness on a commercial scale, install carbon dioxide scrubber equipment in the Cogeneration Facility, and thereafter operate and maintain such equipment so as to perform its intended function to reduce carbon dioxide emissions. Licensed Establishment An owner or operator of a Licensed Establishment must: (a) ensure that signs warning of fetal alcohol syndrome are installed in accordance with The Corporation of Delta Fetal Alcohol Syndrome Warning Sign Bylaw No. 4820, 1991, as amended or replaced from time to time; and Methadone Dispensing A Licence for a Methadone Clinic or a Methadone Dispensary shall only be issued where such a Business is located in a public hospital An owner or operator of a Pharmacy must not offer a cash incentive or other inducement for dispensing methadone. Pedlar and Vendor A person must not: (a) peddle: i. on or from a highway; ii. iii. from a vehicle that is stopped or parked on a highway or on public or private property; on or from a sidewalk; 37

38 iv. on or from a parking lot; v. outside of a building; or vi. on or from a property owned by The Corporation of Delta or a right-of-way owned by The Corporation of Delta. (b) peddle food or food products without written approval from the provincial agency responsible for health and the safe handling of food products; (c) peddle while going from place to place or from house to house before 9:00 a.m. or after 6:00 p.m.; or (d) peddle onto premises where signage exists that states no soliciting When using a vehicle or vessel to Peddle, a person must: (a) have their name and address clearly displayed in a conspicuous place on both sides of such vehicle or vessel; (b) keep such vehicle or vessel in clean condition; (c) not use the portion of such vehicle or vessel where goods for sale are kept for any purpose other than the storing, transporting, and exposing for sale of such goods. (d) have obtained approvals from the Fraser Health Authority, the Director of Engineering, and the Delta Police Department prior to commencing the Peddle operation and prior to obtaining a Licence. Pet Stores An owner or operator of a Pet Store must: (a) ensure that all animals are provided with sufficient water, food, shelter, space, warmth, lighting, cleaning, sanitation, exercise, grooming, veterinary care, and any other care required to maintain the health, safety, and wellbeing of such animals; (b) maintain records of all transactions in which Animals, with the exception of fish, have been acquired or disposed of by the Pet Store, to be provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, including: i. the name, address, and telephone number of the person or corporation from whom the Animal was acquired; 38

39 ii. iii. iv. the date the Animal was purchased or acquired; a description of the species, breed, sex, age, and colouring of the Animal purchased or acquired and, where applicable, the tattoo or microchip number or other identifying markings; the date the Animal was sold or otherwise disposed of by the Pet Store; and v. where an Animal has been sold, a receipt that includes proof of sale with the purchaser s name and contact information; vi. where an Animal has been disposed of other than by sale, a receipt showing the method, location, and reason for such disposition. (c) not sell, offer for sale, or display to the public any Animal that: i. is not a domestic animal as defined by the Community Charter; or ii. is a dog, cat, or lagomorpha, such as rabbits, hares, or pikas with the exception of those animals offered for adoption from an animal rescue society as approved by the Licence Inspector or the Delta Community Animal Shelter. Portable Food Vendor A Portable Food Vendor must: (a) ensure that the Portable Food Vending Cart: i. does not exceed four square metres in area; ii. iii. iv. is capable of being moved on its own wheels without alteration or preparation, although it may be towed by a vehicle; is fully self-contained with no service connection, other than electrical service, provided the Portable Food Vending Cart is located no more than two metres from the point of electrical connection; is located on private property so as not to interfere with or block any exit or walkway; v. is kept in good repair; 39

40 vi. vii. viii. meets all applicable provincial health regulations; is not open for business after 9:00 p.m. within 200 metres of any restaurant or any premises that sells alcoholic beverages; and is not located on a vacant property. (b) provide a garbage container and pick up all garbage and debris resulting from the Portable Food Vendor Business located within 25 metres of the Portable Food Vending Cart; (c) provide to the Licence Inspector written permission from the property owner for the use of the property by the Portable Food Vendor Business; and (d) discharge of all greywater stored in the wastewater holding tank into a sanitary sewer connection as approved by the Licence Inspector. Post Box Rental Agency or Mail Drop Service An owner or operator of a Post Box Rental Agency or Mail Drop Service must: (a) maintain a complete and accurate written record on the Business premises of the name and permanent residential address of every customer who rents, leases, owns, has possession of, or has the use of a Post Box into which mail is deposited, or on behalf of whom mail is otherwise collected: (b) obtain from every customer a statement of whether or not the customer intends to use the Post Box or Mail Drop Service for Business purposes and include that statement as part of the record; (c) where the customer is a corporation, firm, or business proprietorship, maintain, as part of the record, an accurate record of the name and address of at least one person authorized to represent the corporation, firm, or business proprietorship; (d) include as part of the record proof of identity by picture identification, including the details of each form of picture identification, from every person referred to in section 6.48(a) and (b); and (e) produce the record for inspection upon the request of a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector. 40

41 Real Estate Management An owner or operator of a Real Estate Management Business must: (a) provide to the Licence Inspector a complete record of the properties managed by the Business in the Municipality, including the number of properties managed, the location of each property, and the individual characteristics of each property; and (b) notify the Licence Inspector of any changes to the properties managed by the Business within 14 days of such changes being made. Restaurants An owner or operator of a Restaurant must: (a) receive approval from Fraser Health prior to operating; (b) not receive a high hazard rating or failing grade on an inspection conducted by Fraser Health; (c) clean out grease traps as frequently as required so as to prevent obstruction of the sanitary sewer by food waste; (d) submit a grease trap inspection report upon the request of an Environmental Officer; and (e) open the lid of the grease trap for inspection purposes at the request of an Environmental Officer. Second Hand Dealer A Second Hand Dealer must not: (a) buy or receive any Second Hand Article where the serial number or other identifiable marking has been wholly or partially tampered with or removed; (b) buy or receive any Second Hand Article from any person if that person: i. does not present picture identification; 41

42 ii. iii. iv. sells goods for a person who is not in possession of picture identification and this is known to the Second Hand Dealer; is, or appears to be, under the influence of alcohol or drugs; or is under the age of 18 years. (c) buy or receive any Second Hand Article from any person before 8:00 a.m. or after 6:00 p.m A Second Hand Dealer must: (a) maintain records of all Second Hand Articles bought or received, to be provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, which shall include: i. the precise date and time at which each Second Hand Article was bought or received; ii. iii. iv. an account and description of each Second Hand Article bought or received, including a notation of all distinctive marks and names on each Second Hand Article; the amount paid or consideration provided for each Second Hand Article bought or received, or the details of other arrangements made for considerations; the name, address, place of residence, and description of the person from whom the Second Hand Article was bought or received, to be supported by picture identification; and v. the make, description, and provincial licence plate number of any vehicle used for delivery of any Second Hand Article to the Second Hand Dealer. (b) at the request of a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, present for viewing by the Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, either in person or by electronic means, Second Hand Articles in the Second Hand Dealer s possession; and (c) display and maintain the Second Hand Dealer s name and address plainly and visibly in English lettering on the front of the Second Hand Dealer s premises and on both sides of any vehicle used in carrying on the Second Hand Dealer s Business. 42

43 Secondary Suites An owner or operator of real property that contains a Secondary Suite must: (a) be in compliance with all of Delta s bylaws, policies, and requirements related to Secondary Suites, including, but not limited to, the provision of a designated parking spot to be used exclusively for secondary suite tenant vehicles. (b) Obtain a secondary suite occupancy permit in the form provided for that purpose by the Manager of Property Use & Compliance. (c) maintain records of all renters, to be provided upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector A Business Licence is required to operate a Secondary Suite unless the Secondary Suite is unoccupied, or is occupied by immediate family, which only includes the husband, wife, brother, sister, parents, parents-in-law, children, and grandparents of the owner and the owner lives in the same dwelling as their primary residence. Shipping Containers An owner or operator of a Shipping Container Business must have a traffic management plan approved by the Licence Inspector to address overflow traffic onto a public roadway, prior to being issued a Licence The traffic management plan referred to in Section 6.55 may be reviewed and revised at any time at the discretion and direction of the Licence Inspector. Social Escort Services An owner or operator of a Social Escort Service must: (a) provide the name, age, address, description, and a copy of picture identification of every person employed or proposed to be employed or engaged in the Business upon request to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector; (b) notify the Licence Inspector within 24 hours of any change in the personnel employed or engaged in the Business; and (c) maintain, to the satisfaction of the Licence Inspector, a written record of every request to provide or furnish an escort or partner, including the following information: 43

44 i. name of the person requesting the service; ii. iii. iv. age of the person requesting the service; name of the escort or partner recommended; and the function attended An owner or operator of a Social Escort Service must not: (a) employ or engage any person in the Business without first receiving the approval of the Licence Inspector; or (b) employ or engage any person in the Business unless that person is 19 years of age or older. Tax Buyers A person operating as a Tax Buyer must: (a) ensure that the amount a person is to receive from the Tax Buyer is clearly indicated as a gross amount and as a percentage that the gross amount represents of the original amount of the tax refund; (b) contact the taxpayer if the Tax Buyer receives an income tax refund for an amount exceeding the amount assigned by the taxpayer by more than $10.00, advising the taxpayer of the refund so that the refund may be remitted to the taxpayer; (c) clearly state the following information on all forms used by the Tax Buyer in a transaction with a taxpayer: i. this is an outright purchase of the tax refund and is not a loan; ii. iii. there are no fees charged by the Tax Buyer for this transaction other than those stated in section 6.59(a); and the taxpayer may cancel this transaction within 48 business hours without charge or penalty upon return by the taxpayer of all funds received from the Tax Buyer for this transaction. (d) ensure that every form used by a Tax Buyer in a transaction with a taxpayer includes: 44

45 i. the address of the year-round office of the Tax Buyer and, if no year-round office exists, where the Tax Buyer is a corporation incorporated under the laws of the Province of British Columbia, its registered address for service, and, where the Tax Buyer is an individual, the permanent place of residence of the Tax Buyer; ii. iii. iv. the date of the transaction; the signatures of both the Tax Buyer and taxpayer; and a clear statement that the taxpayer is 18 years of age or over, signed by the taxpayer. (e) provide the taxpayer with a copy of the transaction form, either handed to or delivered, prior to the time the taxpayer executed the assignment of the tax refund; and (f) clearly post in a conspicuous place on the Business premises, the information in section 6.59(c). Thrift Store and Drop Off Box An owner or operator of a Thrift Store or Drop Off Box must: (a) ensure that the area surrounding the Thrift Store or Drop Off Box is kept clean and clear; (b) provide written approval from the owner of property where a Drop Off Box is located on commercially zoned property as described in Delta Zoning Bylaw No. 2750, 1977 ; (c) disclose the ownership and address of each Drop Off Box, the name of the Business, charity, or person removing articles from the Drop Off Box, and the name and address of any Business or premises where the articles from the Drop Off Box will be processed for redistribution or sale; and To receive an exemption under Section 5.3(a), an owner or operator of a Drop Off Box must provide information satisfactory to the Licence Inspector that the proceeds of the Drop Off Box above bona fide expenses are devoted to charitable purposes. Transport and Delivery Service An owner or operator of a Transport and Delivery Service must: 45

46 (a) hold a Licence for all vehicles carrying on a Transport and Delivery Service except for any vehicle that is only used to deliver goods into the Municipality and does not pick up goods in the Municipality for delivery either within or outside the Municipality An operator of a vehicle for a Transport and Delivery Service must provide the valid Licence, or an electronic copy of the valid Licence, for that Business to a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector upon request. Vehicle Parking A Business must not utilize parking spaces that are required under Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time, for the storage or parking of recreational vehicles, boats, trailers, storage containers, shipping containers, or anything other than transient parking of motor vehicles between 10:00 pm on the first day and 6:00 am on the second day A person or Business must not park more than one vehicle insured for a business purpose, as defined by the Insurance Corporation of British Columbia, on a public roadway in a residential zone as defined by Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time, between 10:00 pm on the first day and 6:00 am on the second day. Vending Machines An owner or operator of any Business or other premises in the Municipality must: (a) not keep, or permit to be kept, any Vending Machine unless the Vending Machine is licensed under the provisions of this; (b) not permit the number of Vending Machines owned or kept upon the premises to be increased without first notifying the Licence Inspector in writing; and (c) provide a list to the Licence Inspector upon request, of all Vending Machines owned or operated. 46

47 PART 7 COST RECOVERY, AND IDENTIFICATION Remedy and Cost Recovery for Default 7.1. Where in this Bylaw any activity, matter or thing is required to be done by any person, in default of it being done by such person, such activity, matter or thing may be done by The Corporation of Delta at the expense of the person in default, and the expense may be recovered from the person as a debt owing to The Corporation of Delta. Without limiting the foregoing, where The Corporation of Delta provides work or service in relation to land or improvements, any costs incurred by The Corporation of Delta that are not recovered from the property owner by December 31st may be collected in the same manner as for property taxes. Identification 7.2. When requested to do so by a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector, a person must correctly state their name and address and the name and address of the owner of the Business A person must not obstruct a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector during the enforcement of this bylaw. PART 8 ENFORCEMENT AND PENALTY Fines and Penalties 8.1. A person who: (a) contravenes, violates or fails to comply with any provision of this bylaw; (b) suffers or allows any act or thing to be done in contravention of this bylaw; or (c) fails or neglects to do anything required to be done under this bylaw; commits an offence and upon conviction shall be liable to a fine of not more than Ten Thousand ($10,000.00) Dollars, and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence This bylaw may be enforced: (a) by a Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector; 47

48 (b) by means of a ticket in the form prescribed for the purpose under the Community Charter, and fines imposed for offences under The Corporation of Delta Municipal Ticketing Information Bylaw No.6639, 2007, as amended; (c) by proceedings brought under the Offence Act; or (d) by means of a bylaw notice as authorized by the Local Government Bylaw Notice Enforcement Act and fines imposed for offences under Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011, as amended A Peace Officer, Bylaw Enforcement Officer, or the Licence Inspector may refer any disputed tickets to the Provincial Court and may represent The Corporation of Delta in any related proceedings. No Duty of Care 8.4. Neither failure to enforce this Bylaw, nor any error, omission, or other neglect in relation to a Permit issued to this Bylaw, shall be interpreted as giving rise to a cause of action in favour of any person. READ A FIRST time the 18 th day of September, READ A SECOND time the 18 th day of September, READ A THIRD time the 18 th day of September, FINALLY CONSIDERED AND ADOPTED the 16 th day of October, Lois E. Jackson Lois E. Jackson Mayor Robyn Anderson Robyn Anderson Municipal Clerk 48

49 Schedule A to Delta Business Licence Bylaw No. 7670, 2017 BUSINESS LICENCE FEES 1. For the purpose of this Schedule, engaged or engaged means using or used in connection with the Business within the Municipality in any manner whatsoever, whether as an owner, partner, employee, servant or agent or in any other capacity on a temporary, part-time or full-time basis. 2. Unless otherwise noted, the following are annual fees. 3. Unless otherwise stipulated, all fees shown in Part B of Table 1 of this Schedule are minimum Licence Fees covering Businesses where up to five persons are engaged. Where more than five persons are engaged in the Business, the applicable Licence Fee shall be the greater of those in Part B or Part A. 4. Notwithstanding Schedule A Section 3, unless otherwise stipulated, fees in Part C shall be charged for the specified Businesses in the Scott Road Corridor. 5. The types of Businesses listed in Part C shall have the meaning given to them in Delta Zoning Bylaw No. 2750, 1977, as amended or replaced from time to time. Table 1: Business Licence Fees Type of Business Licence Fee PART A Basic fee for all Businesses not otherwise listed: 1 to 5 persons engaged $ to 10 persons engaged $ to 15 persons engaged $ to 25 persons engaged $ to 50 persons engaged $ to 100 persons engaged $ Each additional 50 persons engaged or part thereof $

50 PART B Type of Business Licence Fee Alcohol and Drug Recovery House $ Amusement Machines each machine $35.00 Apartment, Motel, or Hotel each unit $20.00 Arcade each machine $35.00 Automated Teller Machine outside a financial institution each machine $ Bed and Breakfast each room $20.00 Billiards each table $45.00 Bowling Alley each alley $35.00 Carnival each mechanical riding device, game of chance or skill each day $20.00 Charitable Casino each day $25.00 Craft Sales each day $15.00 Donation Bin each bin $25.00 Dumpster Business Up to 10 dumpsters $ each additional dumpster $5.00 Employment Agency $ Methadone Dispensary $3, Pedlar $ Real Estate Management Business $ plus $20.00 per unit Roadside Stand $65.00 Seasonal Vendor or Roadside Stand $65.00 Secondary Suite $50.00 Social Escort Service (located outside the Scott Road Corridor) $3, Taxi Up to two cabs $ Each additional cab $25.00 Tutor or Private Teacher $25.00 Vending Machines each machine $25.00 Warehouse 50

51 Type of Business Licence Fee First 2,000 ft 2 $ Each additional 1,000 ft 2 $25.00 PART C Scott Road Corridor Businesses Adult Entertainment $4, Adult Video Store $4, Cash for Gold $4, Cheque Cashing Centre $4, Dating and/or Escort Services each Licence $4, Firearms Business $4, Massage Parlour $4, Pawn Shop $4, Private Smoking Club $4, Tattoo Parlour $4,

52 Schedule B to Delta Business Licence Bylaw No. 7670, 2017 REQUEST FOR REMOVAL OF VEHICLE FROM PRIVATE PROPERTY I,, of [name] [address of property] in Delta, British Columbia, hereby state as follows: 1. I am the owner or occupier of the above described property; 2. I hereby request the removal of the following motor vehicle from the above described property: Make: Model: Licence Number: Province or State: DATED at Delta, British Columbia this day of , 201. Signature of Owner or Occupier 52

53 Schedule C to Delta Business Licence Bylaw No. 7670,