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REVIEWED BY:
__________________________________
DIRECTOR OF CORPORATE SERVICES
____________________________
CITY MANAGER
Page No.
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;
Page 2 of 12
City of Nelson Business Licence Bylaw 3328, 2016
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
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
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.
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.
The application for a business licence and the business licence issued thereafter
shall be in the form prescribed by the City.
4.2
4.3
Every person applying for a new licence shall, at the time of making the
application, pay to the City:
Page 4 of 12
City of Nelson Business Licence Bylaw 3328, 2016
a)
b)
c)
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.
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.
(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.
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
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
6.6
PART 7 REPEAL
7.1
Business Licence Bylaw No. 2419, 1990 together with all amendments thereto is
hereby repealed.
PART 8 SEVERABILITY
8.1
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
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
, 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.
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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.
8.
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.
Page 10 of 12
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.
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.
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.
Page 11 of 12
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.
18.
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City of Nelson Business Licence Bylaw 3328, 2016