The Corporation of Delta COUNCIL REPORT Regular Meeting E.04. Business Licence Bylaw

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1 The Corporation of Delta COUNCIL REPORT Regular Meeting E.04 To: Mayor and Council From: Property Use & Compliance Department Bylaw Nos. 7670, 7671, 7672 Date: August 9, 2017 Business Licence Bylaw The following report has been reviewed and endorsed by the Chief Administrative Officer.,. i '.! RECOMMENDATIONS: A. THAT Delta Business Licence Bylaw No. 7670, 2017 be given first, second, and third readings. B. THAT Delta Bylaw Notice Enforcement Bylaw No. 7009,2011 Amendment Bylaw No. 7671, 2017 be given first, second, and third readings. C. THAT Municipal Ticketing Information Bylaw No. 6639,2007 Amendment Bylaw No. 7672, 2017 be given first, second, and third readings. D. THAT notice of Delta Business Licence Bylaw No. 7670, 2017 be provided in accordance with the Community Chat1er. PURPOSE: The purpose of this report is to present the proposed Delta Business Licence Bylaw No. 7670, 2017 (Attachment A) and concurrent amendments to the Bylaw Notice Enforcement Bylaw (Attachment B) and the Municipal Ticketing Information Bylaw (Attachment C) for Council's consideration. If adopted, Delta Business Licence Bylaw No. 7670, 2017 would replace Delta Business Licence Bylaw No. 4019, Bylaw No is meant to promote improved safety and clarity for businesses through enhanced regulation, rather than acting as a vehicle to increase revenue for Delta. BACKGROUND: Delta's Business Licence Bylaw has been in place, with various amendments, for more than 30 years. The influx of new and different types of businesses to Delta, and Delta's improved enforcement practices, has led to a full rewrite of the Business Licence Bylaw. The bylaw rewrite was based on a thorough review of business licence bylaws from other municipalities and coordination with Delta's bylaw enforcement staff to address emerging and ongoing issues related to business regulation in the community.

2 Page 2 of 4 Business Licence Bylaw August 9, 2017 The proposed Delta Business Licence Bylaw No. 7670, 2017 was initially presented to Council.tor discussion at a closed Council Workshop on June 19, DISCUSSION: Delta Business Licence Bylaw No. 7670, 2017 includes specific regulations for a variety of businesses to support public health and safety and to provide enhanced clarity for businesses. Bylaw No maintains some of the lowest business licence fees in the region; it is about safety and regulation, not about increasing revenue for Delta. If adopted, Bylaw No would replace the current Delta Business Licence Bylaw No. 4019,1986. Highlights of Delta Business Licence Bylaw No. 7670, 2017 include: Clear and detailed general regulations related to licences, terms and conditions, suspensions and cancellations, and procedures More prescriptive regulations for a variety of businesses to allow for effective enforcement and more clarity for business owners Effective enforcement and penalty provisions that mirror Delta's most recent bylaws Staff recommend an increase in Delta's basic business licence fee from $97 to $110 to help cover the increased costs associated with administration and enforcement. Delta's business licence fees have been unchanged since 2001 and the proposed 13% increase equates to an average increase of less than 1 % per year. Delta's proposed basic business licence fee is still significantly less than almost every other municipality in the region (see Table 1). Table 1: Basic Business Licence Fees Municipality Burnaby Basic Fee $180 for renewal, $380. for first calendar year Coquitlam $160 Delta (proposed) $110 Langley (City) $177 Langley (Township) $127-$140 Maple Ridge $110 New Westminster $174 North Vancouver (City) $111

3 Page 3 of 4 Business Licence Bylaw August 9, 2017 Municipality Basic Fee North Vancouver (District) $ Pitt Meadows $138 Port Coquitlam $200 Port Moody $130-$260 Richmond $136 Surrey $196-$274 Vancouver $139 West Vancouver $144 White Rock $150 plus $25 per employee To ensure business owners are aware of the proposed Delta Business Licence Bylaw No. 7670, 2017 and to satisfy the requirement for notice in the Community Charter, staff will advertise the new bylaw in the local newspapers, on Delta's website, and through Delta's social media channels. In addition, the Delta Chamber of Commerce, Ladner Business Association, and Tsawwassen Business Improvement Association will be asked to advise their members of the new bylaw prior to Council considering its final adoption. Any feedback received within a three week period from the date of notice will be included in a subsequent report to Council. The proposed Delta Business Licence Bylaw No. 7670, 2017 will come into force and effect on November 1, This date has been chosen because the majority of business licences in Delta are renewed in November and December each year. Implications: Financial Implications - Delta's business licence fees have remained stagnant since The proposed Delta Business Licence Bylaw No. 7670, 2017 would raise Delta's fees, but keep them well below most other municipalities in Metro Vancouver. The increased fees are projected to result in approximately $160,000 in additional annual revenue, which will be used to cover administration and enforcement costs that have risen since CONCLUSION: Staff recommend replacing Delta Business Licence Bylaw No. 4019, 1986 with Delta Business Licence Bylaw No. 7670, The new bylaw adds regulations for a variety of businesses, supports public safety, and nominally raises business licence fees to help cover administration and enforcement costs. Businesses will be advised of the proposed Delta Business Licence Bylaw No. 7670, 2017 through local newspapers, Delta's own media platforms, and via local business organizations.

4 Page 4 of 4 Business Licence Bylaw August 9, 2017 ~--- Hugh Davies, Manager of Property Use & Compliance Department submission prepared by: Michael Gomm, MPP, Senior Corporate Policy Analyst This report has been prepared in consultation with the following listed departments. Department Name Signature Finance Corporate Services Karl Preuss Sean McGill ATTACHMENTS: A. Delta Business Licence Bylaw No. 7670, 2017 B. Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011 Amendment Bylaw No. 7671,2017 C. Municipal Ticketing Information Bylaw No. 6639,2007 Amendment Bylaw No. 7672,2017

5 Page 1 of 52 PART 1 CITATION AND EFFECTIVE DATE...;... 3 PART 2 REPEAL... 3 PART 3 INTERPRETATION AND AUTHORITIES... 3 PART 4 DEFINITIONS... 4 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

6 Page 2 of 52 Hotel 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... 47

7 Page 3 of 52 THE CORPORATION OF DELTA BYLAW 7670 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, 2017" This bylaw comes into force and effect on November 1,2017. 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. 3

8 Page 4 Of 52 PART 4 DEFINITIONS 4.1. In this Bylaw, unles$ 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. 4

9 Page 5 of 52 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. 5

10 Page 6 of 52 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: 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

11 Page 7 of 52 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 7

12 Page 8 of 52 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 studio that functions as an educational institution authorized under legislation of the 8

13 Province of British Columbia governing educational institutions; Attachment 'A' Page 9 of 52 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. 9

14 Page 10 of 52 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. 10

15 Page 11 of 52 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: 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: (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 11

16 Page 12 of 52 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 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 12

17 Page 13 of 52 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: 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. PARTS 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: 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 governments, but not crown corporations, specifically: i. Federal Ministries; 13

18 Page 140f 52 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: be made to the Licence Inspector in the form provided for that purpose; be signed by the owner or operator of the Business or their duly authorized agent as a sworn legal authority; and 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. 14

19 Page 15 of 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. 5.B. 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. 15

20 Page 16 of 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 "An or on the Licence itself The annual period commences on the earlier of: the date on which the applicant for the Licence commenced the Business for which the Licence was sought; and 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: in location of the Business premises; to the name of the Business; (d) to the owner or operator stated on the Licence; to the Licensee's contact information; (e) to the nature of the Business; (f) (g) (h) in the case of a restaurant, to the seating; to any term or condition on which the Licence was issued; or 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. 16

21 Page 17 of 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: At a reasonable time and in a reasonable manner, inspect the premises for which the Licenc.e or the change to an existing Licence is sought; and 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 Councilor 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 anyone or more of the following requirements: 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; 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; 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; 17

22 Page 18 of 52 (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: the terms and conditions on a Licence; and 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 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 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. Licence Suspension or Cancellation 18

23 Page 19 of A Licence may be suspended or cancelled by Councilor the Licence Inspector for reasonable cause. Without limiting what constitutes reasonable cause, any one or more of the following circumstances may constitute reasonable cause: 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; the Licensee is convicted of an indictable offence in Canada, which offence is, in the opinion of Councilor the Licence Inspector, directly related to the Business; (d) (e) 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; 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 in the opinion of Councilor 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 A person must not remove the notice posted under Section

24 Page 20 of A suspension of a Licence is for the period determined by Councilor 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: the name of the Business or proposed Business; the date of the request; 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 receive any written or electronic submissions the person submitted in accordance with Section

25 Page 21 of 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, the Clerk must place the request for reconsideration on the agenda of a Closed Meeting of Council; the request for reconsideration shall be considered by Council; and 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: permit any person to be on the store premises at any time unless the person is 18 years of age or over; or 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: all Adult Magazines are located on a shelf that is at least 47 inches from the floor at its bottom edge; and 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. 21

26 Page 22 of 52 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: keep a register book of all persons provided accommodation, including dates of arrival and departure; require every person provided accommodation to sign the register book; and 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: 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; 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 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: practice veterinary medicine as described by the Veterinarians Act, or board, harbour, or otherwise keep Animals overnight. 22

27 Page 23 of 52 Automobile Immobilizing 6.8. An owner or operator of an Business making use of an Automobile Immobilizer must: 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. 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; 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) (f) 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 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: immobilize a vehicle and tow the vehicle for the same offence; charge more than a total of $30.00 plus applicable taxes for the combination of installation and removal of an automobile immobilizing device; or 23

28 Page 24 of 52 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: 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; 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. 24

29 Page 25 of 52 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. (d) (e) (f) (g) (h) 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; 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; 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; 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; 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 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: 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; where open storage is permitted: 25

30 Page 26 of 52 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. (d) (e) (f) (g) (h) (i) (j) (k) keep the premises in a clean, orderly, uncluttered, and unobstructed condition; keep any building or fence on the premises in good and sufficient repair and properly painted; not store or park a Derelict Vehicle outside the Business property; 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. 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. 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; 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 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: 26