THE CORPORATION OF THE CITY OF NELSON

REQUEST FOR COUNCIL DECISION

DATE:
February 1, 2016 Regular
TOPIC:
Business License Bylaw No. 3328, 2016
PROPOSAL:
Introduction and First three readings
PROPOSED BY: Staff
_____________________________________________________________________
ANALYSIS SUMMARY:
The Citys existing Business Licence Bylaw was adopted in 1990 and has been slated
for updates on Councils bylaw priority listing for some time. The revised bylaw is
presented for first three readings.
BACKGROUND:
Over the past year, several store fronts selling medical marijuana have opened in
Nelson. The opening of these storefronts brought to the Citys attention deficiencies
within the Business Licence Bylaw requiring that businesses comply with federal,
provincial and municipal laws, bylaws, regulations and codes. Businesses that carry on
operations that do not comply with federal, provincial and municipal laws, bylaws,
regulations and codes will be subject to penalties under the Citys Bylaw Notice
Enforcement bylaw. This change will ensure that the Citys Business Licence bylaw will
remain compliant whenever changes are made to law, bylaw, regulations or codes at
the federal, provincial or municipal level. Additional changes were made to the bylaw
to provide clarity regarding:
the powers of the business licence inspector;
the Citys requirements for holding of a business licence;
the payment of fees;
and bring language of the enforcement and penalties section in alignment with other
City bylaws.
BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS:
The previous Business Licence bylaw was adopted in 1990 and contained references to
old legislation, ambiguous language and did not contain standard language with respect
to penalties and enforcement. The bylaw has been updated to address these matters
and provide greater certainty for staff with respect to issuing of licences and
enforcement for businesses that are not in compliance with the bylaw.
LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES:
Seciton 8 (Fundamental Powers) of the Community Charter provides the authority for
Council to regulate businesses.
Section 59 (Business Regulation) of the Community Charter requires that notice to the
public be given and the public provided the opportunity to give comment on the bylaw
prior to adoption of a Business Licence bylaw. Notice of the changes will be provided
via the Citys website, online advertising and Facebook page.
COSTS AND BUDGET IMPACT - REVENUE GENERATION:
N/A

IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES:

The Citys Building Inspector is appointed as the Citys Business License Inspector.
Enforcement of the Citys bylaws is in accordance with the Bylaw Notice Enforcement
Bylaw and the related penalties. The City may also choose to prosecute offenders
through the Courts.
COMMUNICATION:
Notice of the changes to the Business Licence Bylaw will be provided on the City
website, online advertising and Facebook page. The Business License Bylaw will be
made available on the Citys website.
OPTIONS AND ALTERNATIVES:
1. Give first three readings to the bylaw
2. Give first two readings to the bylaw and amend
3. Do not give any readings to the bylaw
4. Refer the matter to staff with other direction
ATTACHMENTS:
Business Licence Bylaw No. 3328, 2016
RECOMMENDATION:
That Council passes the following resolution/s:
1. THAT the The Corporation of the City of Nelson Business License Bylaw No. 3328,
2016" be introduced and read a first time and read a second time by title only.
2. THAT the The Corporation of the City of Nelson Business License Bylaw No. 3328,
2016 be read a third time by title only.
AUTHOR:

REVIEWED BY:

__________________________________
DIRECTOR OF CORPORATE SERVICES

____________________________
CITY MANAGER

THE CORPORATION OF THE CITY OF NELSON

Business Licence Bylaw No. 3328, 2016
Being a bylaw respecting Licences for carrying on business within the Municipality and for
fixing fees for such Licences
_________________________________________
Table of Contents

Page No.

PART 1 INTERPRETATION & DEFINITIONS .....

PART 2 LICENCE INSPECTOR`S POWERS ..

PART 3 LICENCE REQUIREMENTS . 4

PART 4 LICENCE FEES ... 4
PART 5 - LICENCE REQUIREMENTS FOR TAXIS AND VEHICLES FOR HIRE . 5
PART 6 ENFORCEMENT AND PENALTIES 7
PART 7 REPEAL 7
PART 8 SEVERABILITY ... 8
PART 9 CITATION . 8
PART 10 EFFECTIVE DATE 8
SCHEDULE A . 9

THE CORPORATION OF THE CITY OF NELSON

Business Licence Bylaw No. 3328, 2016
In accordance with the Community Charter, the Council of the Corporation of the
City of Nelson, in open meeting assembled, enacts as follows:
PART 1 INTERPRETATION
1.1

The headings contained in this bylaw are for convenience only and are not to be
construed as defining, or in any way limiting, the scope or the intent of the
provisions of this bylaw.

1.2

Definitions
In this bylaw:
"BUSINESS" means the carrying on of a commercial, industrial, or individual
undertaking of any kind or nature or the providing of professional, personal or
other services for the purpose of gain or profit;
BYLAW ENFORCEMENT OFFICER means a person acting as any of the
following are designated for the purposes of this Bylaw and the Local
Government Bylaw Notice Enforcement Act:
a)
Special constables, officers, members or constables of the Nelson Police
Department;
b)
Bylaw Enforcement Officers appointed pursuant to the Police Act and
Community Charter;
c)
Local Assists to the Fire Commissioner under Section 6 of the Fire
Services Act;
d)
Bylaw Enforcement Officers, licensing inspectors, building inspectors,
animal control officers or other persons acting in another capacity on
behalf of a municipality, regional City or local trust committee for the
purpose of enforcement of one or more of its Bylaws.
"CHIEF CONSTABLE" means the Chief Constable of the City of Nelson Police
Department and includes any police officer or peace officer acting under his or
her authority;
"CITY" means the Corporation of the City of Nelson;
"COUNCIL" means the Council of the Corporation of the City of Nelson;

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City of Nelson Business Licence Bylaw 3328, 2016

"DOOR-TO-DOOR AND DIRECT SALES" means the carrying on of a business

by the display or demonstration of samples, the taking of orders, or the offering
for sale of goods, wares, or other merchandise directly to or from any public
place, in commercial premises or in private premises occupied by the
prospective purchaser;
"DRIVER" means any person who drives a vehicle as herein defined and
includes any other person driving or in charge of a vehicle for hire;
"HIRE" means the fare, toll, fee or rate charged or collected from any person for
the transportation of a person or persons or chattels of persons.
"LICENCE INSPECTOR" means the person, from time to time, duly appointed
as Licence Inspector for the City, a peace officer and any employee of the City
acting in the capacity of Licence Inspector;
"PERMIT" means an annual permit required to be held by a driver pursuant to
the provisions of this Bylaw;
"PERSON" includes any corporation, partnership, sole proprietorship, party or
individual;
"TAXI" means a vehicle which is operated or plies for hire by members of the
public for the transportation and conveyance of persons or property for hire, but
does not include an ambulance, public transit bus, hearse or a vehicle driven by
the person who hires it.
PART 2 LICENCE INSPECTOR POWERS
2.1

The Licence Inspector is authorized by Council to issue business licences for the
City. The Licence Inspector may require that an applicant for a business licence
provide proof of certification, approval or qualification required by a Federal,
Provincial or Local Government Authority having jurisdiction over the business.

2.2

The Licence Inspector is authorized by Council to suspend any business licence

in the City.

2.3

Every licencee under this bylaw must permit reasonable access by the Licence
Inspector to the premises at which the licenced business is being carried on for
the purpose of ensuring that the requirements of the Citys bylaws are being
fulfilled.

2.4

The issuing of a business licence under this bylaw in no way implies or

constitutes a representation of the Licence Inspector or the City that the licence
holder is competent in the business operation for which they are licenced.
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City of Nelson Business Licence Bylaw 3328, 2016

2.5

Subject to the Community Charter, the Licence Inspector or Chief Constable may
enter business premises at a reasonable time to inspect and determine whether
the regulations and requirements of this bylaw are being met.

2.6

The Licence Inspector may impose such terms and conditions on the issue or
renewal of a licence as he considers reasonable.

PART 3 LICENCE REQUIREMENTS

3.1

No person shall carry on any business within the City without a valid and
subsisting business licence issued to that person under this bylaw.

3.2

A person who operates a business at more than one premises, shall apply for
and maintain a separate business licence for each premises.

3.3

A person who operates more than one business at one premises, shall apply for
and maintain a separate business licence for each business.

3.4

Every business licence issued under this bylaw is personal to the person named
in the business licence and may not be transferred to another person.

3.5

A person shall not carry on a business in or on any premises other than those
identified on the business licence without first making an application for a new
business licence or a change to the business licence.

3.6

Every holder of a business licence shall keep a copy of the business licence
posted in a conspicuous place in the premises, vehicle or other mode of
transport, place or structure where the business is conducted or undertaken and
for which the licence is issued.

3.7

Every person who carries on a business in the City shall comply with all bylaws
of the City and all applicable laws, rules, codes, regulations and orders of all
Federal or Provincial authorities having jurisdiction over such business.

PART 4 LICENCE FEES

4.1

The application for a business licence and the business licence issued thereafter
shall be in the form prescribed by the City.

4.2

The business licence period shall be from January 1 to December 31.

4.3

Every person applying for a new licence shall, at the time of making the
application, pay to the City:

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City of Nelson Business Licence Bylaw 3328, 2016

a)
b)

c)

the licence fee for the applicable type of business as specified in

Schedule A of this bylaw;
applications received after July 31st will receive a fifty (50) percent
reduction in the licence fee which shall be applicable in the year of
application only; and
all outstanding fees, charges and penalties due and payable to the City in
respect of the business.

4.4

The licence period with respect to a circus, horse show, dog or pony show,
exhibition or other itinerant show or entertainment, when held elsewhere than in
a licenced theatre or other licenced place, will be one day.

4.5

All federal and provincial sales taxes will be added when applicable.

PART 5 LICENCE REQUIREMENTS FOR TAXIS AND VEHICLES FOR HIRE

5.1

Prior to issuance or annual renewal of a business licence to operate a taxi or

vehicle for hire, each owner/operator must produce to the satisfaction of the
Licence Inspector the following documents:
a)

b)

5.2

proof of vehicle insurance that indicates the vehicle for hire is insured as a
taxi or vehicle for hire and liability insurance in respect of the vehicle is for
not less than Two Million ($2,000,000) Dollars.
proof that the vehicle for hire, in the previous 60 days, has been inspected
by a Ministry of Transport designated inspection facility and a safety
inspection certificate has been issued in respect of the vehicle.

With respect to Taxis and Vehicles for Hire (Driver Permits):

(a)
No person shall be employed as, or shall act or engage to act as a driver,
unless he is of the full age of nineteen (19) years, and is the holder of an
annual permit issued to him by the Chief Constable.
(b)
No such permit shall be issued unless, in the opinion of the Chief
Constable, the applicant is of good character, is not awaiting trial on a
charge alleging dishonesty, violence, indecency or concerning narcotics,
and the applicant has an adequate knowledge of the English language
and of the geography of the City and surrounding area, as well as the
contents of this Bylaw.
(c)
Where a person holding a permit under the provisions of this section, by
reason of his use of or dealing in intoxicants or narcotic drugs, or for any
other reason, is in the opinion of the Chief Constable, unfit to act as a
driver, the Chief Constable upon proof to his satisfaction of such
unfitness, may suspend or cancel the permit.
(d)
Where an application for a permit is refused, suspended or cancelled by
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City of Nelson Business Licence Bylaw 3328, 2016

(e)
(f)

(g)
(h)
(i)

(j)

the Chief Constable, the Chief Constable shall, within seven (7) days after
such refusal, suspension or cancellation, notify the applicant or holder in
writing, stating the grounds for such refusal, suspension or cancellation,
and an appeal shall lie to the Municipal Council of the City from the
refusal, suspension or cancellation and the decision of the Municipal
Council thereon shall be final.
A fee of twenty-five ($25) Dollars shall be charged for every permit issued
under this section.
Every driver who holds a permit issued under this section shall have the
permit in his possession at all times while driving or operating a vehicle on
any highway, and shall produce the permit for inspection at any time upon
the demand of a peace officer or police officer.
Should there be any inconsistency between the provisions of this Bylaw
and of the Motor Vehicle Act, the Motor Vehicle Act shall prevail.
No taxi driver shall take, consume or have in his possession any unsealed
alcoholic liquor while on duty.
Every taxi driver shall keep a daily trip record, in a form approved by the
Chief Constable, of the taxi driven by him. Such record shall be kept in
the English language and shall contain the following information:
*
the date, time, origin and destination of each trip;
*
the taxi driver's name; and
*
the provincial or City licence number of the taxi or both if required
by any Act or Bylaw.
The record mentioned in this section shall be shall be made available at
any time during the course of the shift on demand by the Chief Constable,
shall be delivered to the owner at the end of the shift, and shall be kept by
the owner with the records which are available for inspection by the Chief
Constable for a period of one (1) year.

PART 6 ENFORCEMENT AND PENALTIES

6.1

A person who:
a.
contravenes or fails to comply with this Bylaw;
b.
permits, suffers or allows any act or thing to be done in contravention
of this Bylaw;
c.
fails to carry out an order made under this Bylaw; or
d.
fails or neglects to do anything required under a Licence;
e.
provides false or misleading information to obtain a licence under this
bylaw;
f.
carries on or remains open for business after receiving notice from the
City that the licence for the business was suspended or cancelled.
commits an offence and each day such an offence continues or is permitted to
continue will constitute a separate offence.

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City of Nelson Business Licence Bylaw 3328, 2016

6.2

On being found guilty of an offence under this Bylaw, a person will be liable to
pay a fine of up to $10,000 or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment and in default of payment of the
fine to imprisonment for an additional term not exceeding six months under the
Offence Act.

6.3

This Bylaw is designated under section 264 of the Community Charter as a

bylaw that may be enforced by means of a Bylaw Notice.

6.4

Without limiting the enforcement options under section 6.1, a person who
commits an offence under this Bylaw will be liable to a penalty established under
the Bylaw Notice Enforcement Bylaw.

6.5

Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a

Bylaw Notice under section 264 of the Community Charter.

6.6

No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or

her duties under this Bylaw.

PART 7 REPEAL
7.1

Business Licence Bylaw No. 2419, 1990 together with all amendments thereto is
hereby repealed.

PART 8 SEVERABILITY
8.1

If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the

invalid portion must be severed and the remainder of this bylaw is deemed to be
adopted without the severed section, subsection, paragraph, subparagraph,
clause or phrase.

PART 9 - CITATION
9.1

This bylaw may be cited for all purposes as The Corporation of the City of
Nelson Business Licence Bylaw No. 3328, 2016.

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City of Nelson Business Licence Bylaw 3328, 2016

PART 10 - EFFECTIVE DATE

10.1

This Bylaw comes into force and effect upon its adoption.
READ A FIRST TIME the
READ A SECOND TIME the
READ A THIRD TIME the

day of
day of
day of

FINALLY PASSED AND ADOPTED the

, 2016
, 2016
, 2016
day of

, 2016

___________________
Mayor

___________________
Corporate Officer

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City of Nelson Business Licence Bylaw 3328, 2016

SCHEDULE "A"
to Business Licence Bylaw No. 3328, 2016 being
BUSINESS LICENCE ANNUAL FEES, CHARGES AND SECURITY

1.

Door-to-Door Sales
$135 per person or employee or in the alternative, a company may licence all
representatives for a flat fee of $625 PLUS, PRIOR TO THE ISSUANCE OF A
LICENCE TO ANY PERSON OR BUSINESS NOT RESIDENT IN THE CITY OF
NELSON THE PAYMENT OF a $1,040 security by cash, certified cheque or
irrevocable letter of credit, such security to be held under the Community
Charter.

2.

Travelling Retailers
$135 from any person or business not resident in the City of Nelson and who
offers products for sale at different locations on an intermittent basis PLUS,
PRIOR TO THE ISSUANCE OF A LICENCE, THE PAYMENT OF A $1,040,
security by cash, certified cheque or irrevocable letter of credit, such security to
be held under the provisions of the Community Charter.

3.

Telephone Sales
$1,040 from any person or business who sells on a retail basis by offering
products or services for sale over the telephone.

4.

Home Occupations
$80 for all home occupations which are in accordance with the Zoning Bylaw or
the licence fee if such home occupation is specified in another section of this
schedule, such as, but not limited to Professionals or Investment Counsellors.

5.

Carnivals, Circuses, Etc.

$260 per day from any person who runs a carnival, circus or show having any
ferris wheel or any other mechanical device, or having any game of skill or
chance, or any side show.

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City of Nelson Business Licence Bylaw 3328, 2016

6.

Professionals
$160 from any person or business practising, following, engaged in or carrying
on any profession, who regularly and generally carries on business in the
municipality, whether as a professional employee, partner, proprietor or
shareholder with one to three professional people engaged in the business;
$260 from any person or business with four to seven professional people
engaged in the business and
$520 from any person or business with more than seven professional people
engaged in the business. The said businesses include, but are not restricted to:
o Accountant/Certified General & Chartered
o Architect
o Barrister/Solicitor
o Chiropodist
o Chiropractor
o Dentist/Orthodontist
o Engineer
o Land Surveyor
o Notary Public
o Osteopath, Masseur
o Optometrist/Refractionist
o Physician/Surgeon
o Radiologist
o Veterinarian

7.

Mobile Home Parks and Motels

$260 from any person or company letting more than six individual rooms or units
and from any person renting mobile home pads in any mobile home park.

8.

Bed and Breakfast Establishments/Hostels

$160 for any Bed and Breakfast Establishment as provided in the Land Use
Regulation Bylaw and amendments thereto or any Hostel.

9.

Street Performers
$30 annually from any person acting as a Street Performer in the Downtown
Licenced Performance Area established by City Council policy for performers
and entertainers.

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City of Nelson Business Licence Bylaw 3328, 2016

10.

Funeral Homes/Crematorium/Mausoleums
$160 from any person or business operating a Funeral Home, Crematorium or
Mausoleum service.

11.

Chartered Banks/Credit Unions

$1,040 from any person or business operating a chartered bank.
$ 520 from any person or business operating a credit union

12.

Investment Firms/Counsellors
$160 from any persons or business operating an investment firm or counselling
service with one to five sales people engaged in the business
$260 from any person or business operating an investment firm or counselling
service with 6 or more sales people engaged in the business

13.

Lumber Sales
$420 from any person or business selling lumber products

14.

Hotels/Pubs
$625 from any person or business operating a hotel with rooms to let
$420 from any person or business operating a licenced establishment that does
not have rooms to let
$210 from any person or business operating a retail wine and beer sales
establishment

15.

Real Estate/Insurance Agencies

$160 from any person or business operating a real estate or insurance agency
with one to five sales people engaged in the business
$260 from any person or business operating a real estate or insurance agency
with six or more sales people engaged in the business

16.

Retail Sales
$135 from any person or business operating a retail sales establishment with a
sales area of between 0 and 12,000 square feet
$1,040 from any person or business operating a retail sales establishment with a
sales area of over $12,001 square feet.

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City of Nelson Business Licence Bylaw 3328, 2016

$1,040 from any person or business operating retail sales in the interior common
space of a mall or shopping centre which common space is over 10,000 square
feet and which area is not licenced under another section of this schedule.
17.

All Other Businesses

$135 from any person or company carrying on a business of, manufacturing,
wholesale sales, sale of services, contracting, repair or maintenance, or any
business or service not otherwise classified in this schedule.

18.

Transfer of Business Location or Ownership

$15 for changing the business licence application to reflect an ownership,
location or name of business change since application.

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City of Nelson Business Licence Bylaw 3328, 2016