BUSINESS LICENSING AND REGULATION BYLAW NO CONSOLIDATED FOR CONVENIENCE ONLY. Revised October 2017

Transcription

1 BUSINESS LICENSING AND REGULATION BYLAW NO CONSOLIDATED FOR CONVENIENCE ONLY Revised October 2017

2 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY BYLAW NO. 0030, 2013 A BYLAW TO REGULATE THE LICENSING AND FEES FOR BUSINESSES OPERATING IN THE SUN PEAKS MOUNTAIN RESORT MUNICIPALITY WHEREAS the Community Charter authorizes the Municipality to make laws in respect of the regulation of businesses within the Municipality; NOW THEREFORE, the Council of the Sun Peaks Mountain Resort Municipality, in open meeting assembled, HEREBY ENACTS AS FOLLOWS: 1. Citation and Short Title 1.1 This Bylaw may be cited as the BUSINESS LICENSING AND REGULATION BYLAW NO. 0030, Interpretation and Application 2.1 Unless specifically defined herein, words and phrases used in this Bylaw shall be construed in accordance with the meanings assigned to them in the Community Charter, as the context and circumstances require. 2.2 In this Bylaw: Business means carrying on a commercial or industrial undertaking of any kind or nature or the providing of a professional, personal or other service for the purpose of gain or profit, but does not include vendor training or companies contracted for internal training purposes or product delivery unless a salesperson operates within Sun Peaks. Council means council for the Municipality. Municipality means the Sun Peaks Mountain Resort Municipality. Maximum Capacity means the maximum number people in a dwelling unit with the maximum capacity per sleeping unit being two (2) people to maximum of twelve (12) people within the two (2) dwelling units. Non-Resident Business means a business, other than a resident business, carried on in the Municipality or with respect to which any work or service is performed excluding the delivery of products, vendor training

3 or companies contracted for internal training purposes and included real estate agents. New Applicant means a business that has not held a valid business licence within the past twelve (12) months. Home business means a business carried on within a residential dwelling by a person who resides in that dwelling. Licence means a licence issued by a licence inspector pursuant to this bylaw for the operation of a business within the Municipality. Licence Inspector means a person appointed by Council to act as licence inspector for the Municipality. Premises means the location or building, portion of a building or an area of land where a business is carried on or that is the subject of an application for a licence. Resident business means a business carried on in or from premises within the Municipality. Short Term Rental means tourist accommodation use of a dwelling zoned to allow tourist accommodation as that term is defined in the Municipality s Zoning Bylaw. Sleeping Unit means one or more habitable rooms which are used or intended to be used for sleeping or sleeping and living purposes, but in which there is not a bathroom, water closet, sink, or cooking facility. 2.3 Every reference to a statute in this Bylaw refers to a statute of the Province of British Columbia unless otherwise indicated and every reference to a bylaw or other enactment refers to that enactment as amended or replaced from time to time. If any part, section, subsection or phrase of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of the regulation will be deemed to have been enacted without the invalid portion. 2.4 This Bylaw does not apply to: (a) a not-for-profit society registered in British Columbia or Canada or a registered charitable organization that does not operate a retail or other commercial business on a regular basis;

4 (b) occasional fund-raising activities held by educational organizations, churches, sports teams, societies or other nonprofit organizations; (c) long-term rental of thirty (30) days or more of a single family dwelling or duplex where the rental agreement is subject to the Residential Tenancy Act;. (d) an activity carried on by or on behalf of the Provincial or Federal government or a corporation or agency of the government. 3. Licence Requirements 3.1 A person must not engage in or carry on a business unless that person holds a valid and subsisting licence issued by the Licence Inspector pursuant to this Bylaw. 3.2 A person may apply for a licence by completing an application form and delivering it to the Licence Inspector, together with any further information that may be requested by the Licence Inspector and payment of the fee identified in Schedule A for that licence. 3.3 Every person carrying on more than one business must obtain a separate licence for each business. 3.4 Every person who carries on business from more than one premise in the Municipality must obtain a separate licence for each premise. 3.5 A person must not carry on a business at any premises other than the premises specified in a licence under this Bylaw. 3.6 Any Person who, (a) advertises by newspaper publicity, signage, or otherwise, as open for business of any kind within the Municipality; (b) advertises as open to render professional or other services within the Municipality; (c) is a realtor advertising and/or posting realtor signage offering a Sun Peaks property for sale; (d) performs a task for remuneration; (e) delivers and installs construction products; (f) is an associate member of Tourism Sun Peaks; or (g) all properties being made available for short-term nightly rental. shall be deemed to be carrying on, engaged in or practicing within the Municipality their respective profession, business, trade, occupation,

5 employment, calling or purpose and requires a valid and subsisting licence; 3.7 A person to whom a licence has been issued under this Bylaw must promptly notify the Licence Inspector in writing of any change or correction to the information provided on the business licence application. In particular, without limiting the foregoing, before changing the location, operator, or any condition related to size, volume, number or other limit or restriction noted in the licence, the licence holder must apply to have the licence modified accordingly. 3.8 A licence issued under this bylaw is personal to the licencee named therein and is not transferable. In the event of change of operator of the business for which such licence was issued, the new operator must apply for a separate licence under this bylaw. 3.9 A licence shall be valid for the calendar year, unless; (a) the licence has been cancelled or revoked pursuant to this bylaw New applicants will pay a prorated fee after July 1 st while renewals will be required to pay for the full year The person to whom a licence has been issued must ensure that the licence is posted in a conspicuous place and manner in a part of the premises to which the public has access, or as directed by the Licence Inspector A person required to be licensed under the provisions of this Bylaw who has failed to renew the Licence prior to the beginning of the licensing period shall pay to the Municipality the following amounts, which amounts shall be in addition to the licensing fee: (a) In respect to any licence fee not paid within thirty (30) days from the beginning of the licensing period, 10% of the licence fee; (b) In respect to any licence fee paid from thirty-one (31) days or more after the date fixed for payment of the licensing fee, 20% of the licence fee. 4. Short Term Rental Business Licence Requirements 4.1 A business licence is required for each short term rental property within all TA, R-1A or RS-1A zones. 4.2 The business licence will be non-transferable.

6 4.3 A $500 refundable deposit bond is required for each property to cover costs of the bylaw officer attending verified complaints and violations in addition to applicable bylaw fines. The remainder of the bond would be returned in the case a licence was cancelled, not renewed or was revoked. 4.4 The short-term rental unit must undergo a safety inspection before the initial licence is issued. Random additional inspections may be done in subsequent years; 4.5 The short-term rental must be managed by the owner or a person/company designated as such; ; 4.6 The management person must be available 24 hours a day, 7 days a week, year round whenever a dwelling is being rented. Non-response to a bylaw complaint may result in a penalty against the bond; 4.7 A sign or notice visible upon entering the unit stating the: Business licence number; Maximum capacity of the unit; Name, address, , and telephone number of the contact person; Name of an alternative emergency contact. 4.8 A sign or notice indicating fire evacuation routes should be posted in each sleeping unit; 4.9 The manager must inform occupants in writing of the terms and conditions of use of the rental, including at least contact information; capacity of the unit, community parking and noise bylaws, number of parking stalls; 4.10 Proof of a snow storage and clearing plan approved at rezoning; 4.11 Proof of occupancy permit; 4.12 Proof of initiation of the parking plan approved at rezoning; 4.13 Proof of proper zoning approved.

7 5 Bed and Breakfast 5.1 No person shall advertise a Bed and Breakfast accommodation without providing a breakfast. 6 General Requirements 6.2 A person carrying on a resident or non-resident business within the Municipality must comply with this Bylaw and with any and all terms, conditions, restrictions and limits of a licence issued by the Licence Inspector. 6.3 Every business must endeavor to meet trade, occupational, professional or other standards established by law or in the absence of law, by customary practice, for that business. 6.4 Fees collected under the bylaw shall be expended annually to cover bylaw enforcement of this bylaw and for the benefit of the business community. 7 Licence Inspector 7.2 Subject to Section 16 of the Community Charter and in addition, the Licence Inspector may, at reasonable times and in a reasonable manner, enter on or in a property, building or other premises where business is or appears to be conducted to inspect or investigate to determine whether the requirements of this Bylaw are being observed and to administer and enforce this bylaw. In general, bylaw enforcement is initiated on a complaint basis, and when possible any site inspections will be scheduled in advance at a mutually agreeable time between the Licence Inspector and the business operator. 7.3 Subject to Section 16 of the Community Charter and in addition, if the Licence Inspector or council designate believes that it is necessary or advisable in the circumstances, in determining whether a licence should be issued, or in entering a premises, conducting an inspection, or enforcing this Bylaw, the Licence Inspector may seek information from, consult with, or be accompanied and assisted by any of the following persons: (a) (b) (c) (d) (e) a police officer or other peace officer; a public health official or licensed medical practitioner; a member of the Municipality s Fire Rescue department; a building inspector; a person who is qualified under a statute or by an occupational, trades, or professional standards body to assess, supervise, take

8 action, give direction or make orders or recommendations on the business or an aspect of it that is the subject of the inspection or enforcement process; or (f) another person who, in the opinion of the Licence Inspector, would have the knowledge, skill or expertise relevant and necessary to making a determination as to matters pertaining to the business at issue. 7.4 On receiving a completed application form, the Licence Inspector may require further information from the applicant that, in the opinion of the Licence Inspector or a person described in subsection 7.2 (a) through (f), is relevant and material to determining whether a licence should be issued under this bylaw. 7.5 Without limiting any other provisions of this section, a business licence applicant may be required to undergo a criminal record search by the Royal Canadian Mounted Police for background and purposes relevant to the applicant s type of business and must pay any fee associated with that search. 7.6 A Licence Inspector may issue a licence under this bylaw when he or she is satisfied that the applicant is in compliance with this and other applicable Provincial and Federal laws or standards, and it appears that the business will be carried on in a safe and reasonable manner. 7.7 The Licence Inspector may refuse to issue a licence, and may suspend, revoke or cancel a licence that has been issued, for reasonable cause. 7.8 Without limiting subsection 7.6, any of the following circumstances may constitute reasonable cause for refusal, suspension, revocation or cancellation of a licence: (a) (b) the applicant or holder appears to be non-compliant with any bylaw of the Municipality; the holder appears to be non-compliant with a term, limit, restriction, requirement or condition of a licence under this Bylaw or of a licence or permit issued by another regulatory authority. 7.9 The Licence Inspector must state in writing the reasons for refusal, suspension, revocation or cancellation of the licence Within 30 business days of the date of the Licence Inspector has delivered a decision, a person who has been refused a licence, or whose licence has been suspended, cancelled or revoked may, apply to Council for a reconsideration.

9 7.11 On receiving a request for reconsideration, Council may require any and all information and further information that it considers may be relevant, and may hear from the licence applicant or holder and any other person whom the Council considers may have information that is relevant to the decision Council may confirm, vary or set aside the decision of the Licence Inspector and may impose any terms, conditions, restrictions and requirements it deems appropriate in the circumstances A person must comply with any terms, conditions, restrictions and requirements imposed by Council in connection with a decision to vary or set aside the decision of the Licence Inspector. 8 Offence and Penalty 8.2 A person who contravenes or violates any of the provisions of this Bylaw, who suffers or permits any act to be done in violation of this bylaw, or who fails or neglects to do anything required to be done by any provision of this bylaw, commits an offence, and each day that the offence continues shall constitute a separate offence. 8.3 This bylaw may be enforced by way of a notice issued under the Bylaw Notice Enforcement Bylaw No. 0011, 2010, under a municipal ticket information procedure under Division 3 of Part 8 of the Community Charter, or as a proceeding in Provincial Court under the Offence Act. 8.4 A person convicted of an offence under this bylaw is liable to pay: (a) (b) a fine not exceeding $10,000 if a proceeding is brought in Provincial Court under the Offence Act; or a fine not exceeding $1,000 if a ticket is issued under the Bylaw Notification Enforcement Act. 8.5 A person required to be licenced under the provisions of this Bylaw who has failed to renew the Licence prior to the beginning of the licensing period shall pay to the Municipality the following amounts, which amounts shall be in addition to the licence fee: (a) In respect of any licence fee not paid within thirty (30) days from the beginning of the licensing period, 10% of the licence fee; (b) In respect of any license fee paid from thirty-one (31) days or more after the date fixed for payment of the licence fee, 20% of the licence fee.

10 9 Schedule A is attached to and forms part of this Bylaw. READ A FIRST TIME this 2nd day of December, 2013 READ A SECOND TIME this 2nd day of December, 2013 PUBLIC MEETING held on the 16th day of December, 2013 READ A THIRD TIME this 16th day of December, 2013 ADOPTED this 19th day of December, 2013 ORIGINAL SIGNED BY: Al Raine Mayor ORIGINAL SIGNED BY: Rob Bremner Chief Administrative Officer I HEREBY CERTIFY that this is a true copy of the Business Licensing and Regulations Bylaw No. 0030, 2013 Rob Bremner Chief Administrative Officer

11 SCHEDULE A Sun Peaks Mountain Resort Municipality CLASSIFICATION and FEE SCHEDULE Business Operation 1.1 Non licensed restaurants/snack bar Business operation where prepared food or non-alcoholic beverages (not licensed under the Provincial Liquor Control and Licensing Act) are served to the public for consumption on or off the premises. 1.2 Licensed Full Service Restaurant/Bar Business operation where food and alcoholic beverages are served to the public for consumption on the premises. Licensed as either primary food or primary liquor services by the Provincial Liquor Control and Licensing Act, including off premises liquor sales. 1.3 Cabaret/Night Club Licensed Bars Business operation which primarily serves alcohol with or without entertainment on the premises licensed to provide entertainment and where alcohol is served after midnight on most evenings of operation. 1.4 Liquor Store/Beer and Wine Store Business operation where alcohol is sold and licensed by the Provincial Liquor Control and Licensing Act for off premises consumption. 2.1 Professional/Contractor Services Business operation providing professional/contractor services at locations within the SPMRM. 2.2 Retail Sales/Rental Outlets/Real Estate Offices Establishment selling/renting goods and articles to the public at large or selling real estate located within SPMRM. 93 m 2 of retail space > 93 m 2 and 185 ft 2 of retail space 185 m 2 of retail space In addition there is a $50 per licensed real estate agent fee Fee Min $ 95 Max $150 $5 per seat up to maximum Min $135 Max $300 $5 per licensed seat up to maximum Flat Fee $500 Flat Fee $500 Flat Fee $95 Flat Fee $ 95 Flat Fee $195 Flat Fee $ All other businesses not listed Flat Fee $ Ski Lift Operator Business that operates ski lifts Flat Fee $ Rental Property Managers Business operators who manage the short term rental of properties within SPMRM. 100 properties/rooms 100 and 200 properties/rooms 200 properties/rooms 4.2 Short Term Rental Properties (each property requires a licence) Owner self-managing the property or using an agent Flat Fee $95 Flat Fee $195 Flat Fee $295 Flat Fee $95