TOWN OF OLIVER
BYLAW NO. 1063
A Bylaw to Provide for the Licensing of Business in the Town of Oliver
WHEREAS Council considers it advisable to:
a)
b)
c)
require an owner or operator of a business to hold a valid and subsisting licence for carrying on the business;
fix and impose licence fees for licenses; and
provide for the collection of licence fees and the granting, issuing and transferring of licenses.
NOW THEREFORE, the council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS:
TITLE
1. This bylaw may be cited for all purposes as "Business Licence Bylaw No. 1063, 2003."
DEFINITIONS
2. For the purposes of this bylaw:
“Act” means the Local Government Act, RSBC 1996, c. 323.
“Automotive Dealership” includes the sales and service of Automobiles, motorcycles,
mobile homes, trailers, boats and motors.
“Business” means carrying on a commercial or industrial undertaking of any kind or nature or the providing of professional, personal or other services for the purpose of gain or
profit, but does not include the activity carried on by the Provincial government, its agencies or government owned corporations.
“Direct Seller” means anyone who solicits orders for, or sells or offers for sale, goods or
services where the purchase price, excluding the cost of borrowing, but including any
taxes, equals or exceeds $50.00; anyone who sells, offers to sell or solicits a sale to a consumer, not to a business or company; and anyone who solicits, negotiates or concludes
the contact at a place other than the direct seller’s permanent place of business; but does
not include selling, offering for sale or soliciting orders by telephone, mail, fax or any
other method that does not involve face-to-face contact with the intended purchaser.
-2“Heavy Industrial” includes fabricating and assembly; grading, packing and/or storage;
manufacturing; processing; repairing; any other type of heavy industrial undertaking
where the subject business property is classified as “industrial” on the current assessment
roll as prepared by the B.C. Assessment Authority.
“Itinerant show or entertainment” includes a circus, animal shows, horse racing, exhibition, etc., when held elsewhere than in a licensed theatre or licensed place.
“Licence Inspector” means any person from time to time duly appointed as Licence Inspector for the municipality and includes any person lawfully acting in that capacity.
“Light Industrial/Heavy Commercial” includes junkyards, auto wrecking yards, heavy
equipment rentals, waste collection, any other type of light industrial where the subject
business property is classified as “light industrial” on the current assessment roll as prepared by the B.C. Assessment Authority.
“Mass Transportation of People” includes bus line, charter service, air taxi.
“Mobile Business” means a business carried out solely from a motor vehicle or other
conveyance designed to be moved from place to place;
“Non-resident business” means a business other than a resident business, carried on in the
municipality or with respect to which any work or service is performed in the municipality.
“Resident business” means a business carried on in or from premises within the municipality.
“Seasonal business” means a business carried on only during a specific time of year
(spring/summer/fall/winter) and does not operate at any other time of the year but does
not include a business that operates for more than 6 months in a year.
“Town” means the Town of Oliver.
“Transportation of goods” includes moving and storage, freight line, cartage and express
delivery service.
PROHIBITIONS:
3. No person shall carry on any business within the municipality unless he or she is the
holder of a valid and subsisting licence issued under this Bylaw by the Licence Inspector.
-34. Section 3 (Amendment Bylaw 1096, 2004) does not apply to:
a) Non-resident businesses exempt from a licensing requirement by the Local Government Act;
b) A performance, concert, exhibition or entertainment the entire proceeds of which,
above actual expenses, are devoted to a charitable purpose.
c) A performance, concert, exhibition, entertainment or concession which is held in a licensed theatre or other licensed place;
d) The renting of not more than two rooms on a monthly basis. For clarity, this exemption does not apply to Bed and Breakfast operations. (Amendment Bylaw No. 1096, 2004)
e) Non-resident commercial travelers offering for sale or selling merchandise to merchants for resale by them in the ordinary course of their businesses;
f) Non-resident owners or operators of carriers other than taxicabs who either pick up
passengers or chattels in the municipality for discharging or delivery outside the municipality or discharge or delivery in the municipality passengers or chattels picked up
outside the municipality, or both;
g) Non-resident owners or operators of taxicabs who only discharge passengers in the
municipality;
h) Non-resident owners or operators of retail businesses who only deliver commodities
sold by them in the ordinary course of business and pick up commodities being returned or exchanged;
i) A non-resident wholesaler, manufacturer or processor who is only in the business of
offering for sale or selling his own merchandise and delivering it in his own vehicle
to merchants for resale by them in the ordinary course of their business; and
j) A person practicing a profession governed by a special Act unless he regularly and
generally carries on business in the municipality (includes but is not limited to Real
Estate Agents, Insurance Agents, and Real Estate Appraisers).
k) Distributors selling kitchen accessories, fashion and beauty aids or other small catalogue items primarily through home parties and who are registered through the Provincial Consumer Protection Act.
5. No person shall change the location of a place of business without first obtaining the approval of the Licence Inspector by submitting an application on the form attached as
Schedule “D”.
-46. Where a business is carried on in or from more than one premise in the municipality, the
business carried on from or in each shall be deemed a separate business.
7. Where more than one business is carried on in or from one premise in the municipality,
all businesses that have a separate set of accounting books are considered to be separate
businesses and require separate business licences.
8. A licence granted under this bylaw may be assigned to a new owner of the business upon
both parties signing an “Assignment of Licence” form attached as Schedule “E” and upon
payment of the Administration Fee as set out in Schedule “A”.
9. Every licence granted under this bylaw shall be posted in a conspicuous manner at the
place of business to which it relates and if the business is not carried on in or from premises within the municipality then the licence or a true copy thereof shall be carried on the
person of anyone doing business under the said licence within the Town boundaries.
FEES
10. There is hereby fixed and imposed a licence fee for each and every licence granted under
this bylaw according to the classification of the business as set forth in Schedule “A”
which said fee shall be payable at the time of application for such licence. The prescribed fee shall be for a calendar year unless otherwise specified in the Local Government Act.
11. The licence fee prescribed may be reduced pro rata on a monthly basis for a person who
becomes liable to be licensed after the commencement of the licence period. No reduction shall be made for part months.
12. Seasonal businesses may pay a fee based on a monthly fee schedule as set forth in Schedule “A”.
13. For previously licenced businesses that are required to renew their license by January 1st
of any year and that fail to pay the licence fee by January 15 th of that same year, a 10%
penalty shall be added to the licence fee.
14. For the purposes of paragraph 13, post-marks of January 14th will be accepted as payment
on time.
15. A business whose licence fee was paid in full on the due date and discontinues operating
in the Town of Oliver in any year, may apply for a refund of the business licence fee prorated to the date that the business closed. All refunds will be subject to the Administration Fee set out in Schedule “A”.
-5LICENCE PERIODS
16. Except as otherwise specified in this bylaw, licenses under this bylaw shall be granted to
cover the then current or forthcoming calendar year commencing on the 1st day of January of such year or the date of issuance of the licence whichever later occurs and to terminate on the 31st day of December of such year.
17. The period for a licence for a circus, horse show, dog show, pony show, carnival, exhibition or other itinerant show or entertainment, when held elsewhere than in a licensed theatre or other licensed place, shall be per event.
18. The period for a licence for a theatre, including drive-in theatre, amusement hall, concert
hall, music hall, opera house, rink, amusement park or other place of amusement, entertainment or exhibition may be 6 months, 3 months, one month or one day.
19. The period for a licence in respect of horse racing shall be one day.
POWERS OF LICENCE INSPECTOR
20. The Licence Inspector is hereby delegated the power to grant a licence under this bylaw,
however, the issuance of a licence shall not be deemed to be a representation by the municipality to the licensee that the business or proposed business complies with any or all
applicable bylaws or enactments. The business owner remains responsible to ensure
compliance with all bylaws and enactments.
21. All Direct Sellers applying for a Town of Oliver business licence will be required to provide a copy of a criminal record check prepared by the RCMP.
22. The Licence Inspector is hereby delegated the power to suspend any licence for the period he decides if its holder:
a) is convicted of any offence indictable in Canada;
b) is convicted of an offence under any municipal bylaw or statute of the Province in respect of the business for which he is licensed or with respect to the premises named in
his licence;
c) has, in opinion of the Licence Inspector been guilty of such gross misconduct in respect of the business or in respect to the premises named in the licence that it warrants
the suspension of the licence;
d) has ceased to meet the lawful requirements to carry on the business for which he is licensed or with respect to the premises named in the licence; or
e) has, in the opinion of the Licence Inspector conducted his business in a manner, performed a service in a manner, or sold, offered for sale, displayed for sale or distributed to a person actually or apparently under the age of 16 years any thing, that may be
-6harmful or dangerous to the health or safety of a person actually or apparently under
the age of 16 years.
23. The Licence Inspector is hereby authorized to enter, at all reasonable times, on any property which is subject to the provisions of this bylaw to ascertain whether the provisions of
this bylaw are being observed.
24. A person whose licence has been suspended by the Licence Inspector may appeal to the
Council, which may on the appeal confirm or set aside the suspension on the terms it
thinks fit.
FORM OF LICENCE
25. Every application for a licence under this bylaw shall be in the form set forth in Schedule
“B”.
26. Every licence granted under this bylaw shall be issued in the form set forth in Schedule
“C”.
OFFENCE
27. A person who carries on a business for which a licence is required by this bylaw without
holding a valid and subsisting licence for the business commits an offence and is punishable in accordance with the Offence Act.
REPEAL
28. Oliver Business Licence Bylaw No. 648, 1992 is hereby repealed.
Read a first, second and third time on the 10th day of November, 2003.
Adopted on the 24th day of November, 2003.
______________________________
Mayor
______________________________
Clerk
-7SCHEDULE 'A' TO BUSINESS LICENCE BYLAW NO. 1063
The annual fee for a business licence for all classifications of businesses shall be $75.00, except
for the following:
ANNUAL
FEE
1.
The following heavy industrial, light industrial,
and heavy commercial undertakings:
a)
All heavy industrial undertakings
b)
Certain construction industry components, being:
i)
ii)
2.
Building Supply Yard
Concrete Readi Mix plant
$150.00
$150.00
$100.00
c)
Automotive dealership
$100.00
d)
Heavy Machinery & Equipment dealership
$100.00
e)
Wholesale Distribution and Storage
$150.00
f)
All light industrial/heavy commercial undertakings
$150.00
g)
Transportation of goods
$100.00
h)
Mass transportation of people
$100.00
The following general commercial undertakings:
a)
Hotel or motel with restaurant & lounge
$150.00
b)
Itinerant show or entertainment
* One licence per event
*$100.00
c)
Mail order & catalogue shopping depot
$200.00
d)
Bank or Credit Union
$200.00
e)
Neighbourhood pub
$100.00
f)
Supermarket
$200.00
-83.
The following seasonal businesses:
a)
b)
c)
d)
Snow removal (October – March)
Yard Maintenance (April – September)
Mobile Concession (April – September)
Any other seasonal type business
37.50
37.50
37.50
37.50
NOTE: A licence is not required for the sale of goods or services by:
1.
An artist or any other person while participating in an activity such as an
arts and crafts show, a home and trade show, Fairview Days, Sidewalk
Sale or other similar activity sponsored by the Oliver & District Parks
and Recreation Commission, the Oliver Heritage Society, the Oliver
Community Arts Council, the Oliver & District Chamber of Commerce
or other similar non-profit organizations whose primary objective is to
promote community, cultural, recreational or business development
activities.
2.
A student while engaged in self-employed part-time work to support his
educational or vocational training objectives.
Administration Fee payable for licence fee refunds and assignment of licence shall be $15.00.
SCHEDULE 'B' TO OLIVER BUSINESS LICENCE BYLAW NO. 1063
APPLICATION FOR A BUSINESS LICENCE
RESIDENT BUSINESS
TO:
NON-RESIDENT BUSINESS
Licence Inspector
Town of Oliver
Box 638
Oliver, B.C.
V0H 1T0
I/We, the undersigned applicant herein do hereby apply for a licence to carry on the business of
_____________________________________________________________________________
within the boundaries of the Town of Oliver at the following place:
_____________________________________________________________________________
or alternatively, the business will not be carried on in or from the premises within the Town, our
place of business being at:
_____________________________________________________________________________
Name of Business:
Operated by:
Address:
Phone No.:
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
Name and address of person presenting this application:
__________________________________________
__________________________________________
Dated this ___________ day of __________________________, 200 .
___________________________________________
Signature of Applicant or Authorized Agent
-----------------------------------------------------------------------------------------------------------------For Town Office Use only: Fee: $________ Licence No. ________ Classification_______
Bldg Insp App. Rec'd ___________________ Health Insp. App. Rec'd ________________
Licence Approved: ______________________
Bylaw 1063, 2003
SCHEDULE "C" TO OLIVER BUSINESS LICENCE BYLAW NO. 1063
Page 10
Bylaw 1063, 2003
Page 11
SCHEDULE "D" TO OLIVER BUSINESS LICENCE BYLAW NO. 1063
APPLICATION TO TRANSFER PLACE OF BUSINESS
I/We, the undersigned holder of Business Licence No. ___________ do hereby apply for a transfer
of the place of business
From_______________________________________________________________________
To ________________________________________________________________________
Effective date of move: ___________________________________________________
Name of Business: _________________________________________________________
Operated by: ______________________________________________________________
Address: __________________________________________________________________
Phone No. _________________________________________________________________
Dated the _______ day of __________________________, 200 .
_____________________________________
Signature of licencee or authorized agent
For Town Office Use Only:
Building Inspector Approval ________________________________________________
Health Inspector Approval __________________________________________________
Transfer Approved: _________________________________________________________
Bylaw 1063, 2003
Page 12
SCHEDULE “E” TO OLIVER BUSINESS LICENCE BYLAW NO. 1063
ASSIGNMENT OF LICENCE
Business Name: _____________________________________________
Current Owner: _____________________________________________
New Owner: ________________________________________________
(Name)
_______________________________________________
(Address)
_______________________________________________
(Phone)
New or, if not changing, existing mailing address for business:
______________________________________________
New or, if not changing, existing phone number for business:
______________________________________________
For Office Use Only:
Licence No. ______
Licence Fee Paid for Current Year _______
Entered in Computer __________