HomeMy Public PortalAboutBusiness Licence Bylaw 1387
TOWN OF OLIVER
BYLAW 1387
A Bylaw to Provide for the Licencing of Business in the Town of Oliver
WHEREAS Pursuant to Section 8 (6) of the Community Charter, Council is empowered to
regulate in relation to business;
AND WHEREAS Council is empowered to provide for granting of business licences, to fix and
impose licence fees and regulate certain trades, occupations and businesses in the Town of
Oliver;
NOW THEREFORE, the Council of the Town of Oliver in open meeting assembled, hereby
ENACTS AS FOLLOWS:
CITATION:
This bylaw may be cited for all purposes as the "Town of Oliver Business Licence Bylaw 1387."
DEFINITIONS
1. For the purposes of this bylaw:
“bed and breakfast operation” means the use of bedrooms in a principal dwelling unit which
provides sleeping accommodations to the traveling public and includes the provision of a
morning meal for those persons using the sleeping accommodations. This does not include a
vacation rental.
“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.
“cannabis dispensary” means a business selling marihuana products for medical or
recreational use.
“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.
“eating and drinking establishment” means a business premises or building where
prepared foods and beverages are offered for sale to the public for consumption within the
premises or off the site and includes neighbourhood pubs, licensed restaurants, lounges
cafes, delicatessens, tea rooms, dining rooms, drive-thru food services, refreshment stands
and take-out restaurants but excludes mobile catering food services;
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“home industry” means an occupation or a commercial use that is accessory to the principal
residential use of the parcel and may include manufacturing, processing, fabricating,
assembling, storing, distributing, testing, servicing, or repairing of goods or materials including
vehicle repair, maintenance and auto body shops, and other similar uses;
“home occupation” means an occupation or profession that is accessory to the principal
residential use of a parcel and may include home offices; studios; home-based child care
centre, minor, and other similar uses;
“hotel” means a building containing commercial guest accommodation units, and a lobby
area for guest registration and access to the accommodation units and may contain accessory
uses such as a restaurant, licensed drinking facilities, accessory retail store, pool and meeting
rooms;
“inter-community business” means a Business that performs a service within more than
one Participating Municipality but not from or in Premises in one or more participating
municipalities, and who provides the service by moving from client to client.
“inter-community business licence” means a business licence which authorizes an Inter-
Community Business to be carried on within the boundaries of any or all of the Participating
Municipalities in accordance with Inter-Community Business Licence Bylaw No. 2002”.
“itinerant show or entertainment” includes a circus, animal shows, horse racing, exhibition,
etc., when held elsewhere than in a licenced theatre or licenced place.
“licence inspector” means any person from time to time duly appointed as Licence Inspector
for the Town of Oliver, any person acting in that capacity, and includes any person lawfully
acting in that capacity.
“mobile business” means a business carried out solely from a motor vehicle or other
conveyance designed to be moved from place to place;
“motel” means a building or group of buildings containing units for temporary
accommodation, with each unit having its own exterior access and parking space in close
proximity; and may include an eating and drinking establishment;
“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.
“office means a business premises or building, designed, intended and used for the provision
of professional, management, administrative, government, consulting, or financial services in
an office setting including but not limited to the offices of: lawyers, accountants, travel agents,
real estate and insurance firms, planners, non-government organizations, clerical agencies,
Crown corporations, municipalities and provincial or federal governments;
“Professional” means a Business Category in which a Person who as a condition precedent
to providing a service, must be licenced or hold other statutory authorization as set out in and
regulated by a statute of the Provincial Government, and includes an Accountant (Certified
General, Certified Management or Chartered), Agrologist, Appraiser, Architect, Barrister &
Solicitor, Chiropractor or Podiatrist, Dentist or Dental Surgeon or Orthodontist, Engineer,
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Insurance Adjuster, Insurance Agent, Investment/Securities Agent, Land Surveyor, Notary
Public, Optometrist, Osteopath, Physician & Surgeon (General Practitioner), Physician &
Surgeon (Specialist), Physiotherapist, Psychiatrist, Psychologist, Real Estate/Land Agent and
Veterinarian.
“resident business” means a business carried on in or from premises within the municipality.
“retail establishment, major” means a business premises or building, where goods or
merchandise are provided for sale at retail, and includes the sale of: groceries, bakery goods,
specialty foods, alcoholic beverages, hardware, electronics and appliances, animal and pet
care items, clothing, pharmaceuticals, antiques, collectibles, sporting goods, jewelry, flowers,
magazines, newspapers, musical equipment, pawned goods, consignment items, items for
auction, and personal care items, and the storage of goods and merchandise sold on the
premises;
“seasonal business” means a business that operates for a 6-month period or less and
includes, but is not limited to snow removal, yard maintenance or mobile concession.
“service industry establishment, minor” means a business premises or building, where
non-personal goods and services are provided, limited to: automobile sales, rental and repair;
auto body repair and painting; tire sales and repair; household cleaning and repair; metal and
woodworking; and plumbing and heating sales; storage and repair;
“service industry establishment, major” means a business premises or building where
non-personal goods and services are provided, limited to: automobile, trucks and truck trailer
sales, rental and repair; auto and truck body repair and painting; tire sales and repair; sales,
rental and repair of heavy equipment and farm implements; custodial services; metalworking,
machining and woodworking; and plumbing and heating sales; storage and repair;
“Town” means the Town of Oliver.
“vacation rental” means the use of a dwelling unit for the temporary accommodation of
paying guests for a period of less than one month. This use does not include a bed and
breakfast operation.
ISSUING OF A BUSINESS LICENCE:
2. Subject to the Community Charter, and unless exempted under Provincial Government or
Federal legislation or specifically exempted under this Bylaw, any person carrying on
Business in the Town of Oliver must first hold a valid and subsisting business licence issued
by the Town of Oliver.
3. Section 2 does not apply to:
a) Non-resident businesses exempt from a licensing requirement by the Community Charter;
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
licenced theatre or other licenced place;
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d) Non-resident commercial travelers offering for sale or selling merchandise to merchants
for resale by them in the ordinary course of their businesses;
e) 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;
f) Non-resident owners or operators of taxicabs who only discharge passengers in the
municipality;
g) 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;
h) 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
i) 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.
4. No person shall change the location of a place of business without first obtaining the approval
of the Licence Inspector by submitting a change of location application.
5. 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.
6. 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
7. Where a service business is carried on in more than one Municipality, with the Town of
Oliver being the Principal Municipality, and the business meets the criteria set forth in the
Inter-Community Business Licence Bylaw No. 2002, such business shall be deemed eligible
to apply for an Inter-Community Business Licence upgrade.
8. 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.
9. Every Licence issued under this bylaw is deemed to be a personal licence granted to the
Licencee, to carry on the business specified in the licence from the premises specified in the
licence, and it is not transferable to any other person.
10. A licence is not required for the sale of goods or services by:
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a. An artist or any other person while participating in an activity such as an arts and crafts
show, a home and trade show, Roots and Fruits Festival, or other similar activity
sponsored by the Oliver Parks and Recreation, Oliver Tourism Association, the Oliver
Heritage Society, the Oliver Community Arts Council, the South Okanagan Chamber of
Commerce or other similar non-profit organizations whose primary objective is to
promote community, cultural, recreational or business development activities.
FEES
11. 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 in accordance with the Fees and Charges
Bylaw 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 Community
Charter.
12. The licence fee prescribed may be reduced pro rata on a six-month basis for a person who
becomes liable to be licenced after the commencement of the licence period. No reduction
shall be made for part months.
13. Seasonal businesses may pay a fee based on a monthly fee schedule as outlined in the Fees
and Charges Bylaw.
14. Licence fees, in accordance of the Fees and Charges Bylaw shall be invoiced by January 31st
of the year and are due and payable on or before the 31st day of March. Fees not paid on or
before the 31st day of March will be assessed a 10% penalty.
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 if more than
6 months remain in the year. All refunds will be subject to the Administration Fee as outlined
in the Fees and Charges Bylaw.
16. An administration Fee payable for licence fee refunds, change of name by owner or change
of location shall be charged as set out in the Fees and Charges Bylaw.
LICENCE PERIODS
17. Except as otherwise specified in this bylaw, licences 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.
18. 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 licenced theatre or
other licenced place, shall be per event, and a special events application will be required.
AUTHORITY
19. A licence inspector may grant a business licence when satisfied that the applicant has
complied with the requirements of the bylaws of the Town and that the proposed business
would not be carried out in contravention of the Criminal Code of Canada or the Controlled
Drugs and Substances Act.
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20. 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.
21. The Licence Inspector is authorized to grant, issue, transfer, suspend or cancel a Business
Licence as herein provide or refuse to grant, issue or transfer a Business Licence;
22. All Premises from which an applicant for a Business Licence proposes to carry on or conduct
any Business in respect of which a Business Licence is required to be held pursuant to this
Bylaw, shall comply with all relevant Bylaws of the Town before a Business Licence is granted;
and the applicant shall upon request produce such certificates or letters of approval as may
be required by Federal, Provincial or Town authorities with respect to the Business.
23. The Licence Inspector may only issue a Business Licence if the Business Licence Fee has
been paid.
24. The Licence Inspector may require confirmation of approval, in a form satisfactory to the
Licence Inspector, from the Ministry of Health, R.C.M.P. or the Oliver Fire Department
respecting a Business Licence application and in such cases the Licence Inspector must not
issue such Business Licence until he has received such approvals. A Business Licence holder
shall immediately notify the Licence Inspector of any suspension or cancellation for any such
approvals and the Licence Inspector may suspend the Business Licence pending
reinstatement of such approvals.
25. A Business Licence issued under this Bylaw is not a representation or acknowledgement by
the Town to an applicant or holder of a Business Licence that the proposed Business complies
with any or all applicable laws or other enactments.
26. 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.
27. 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
28. Every application for a licence under this bylaw shall be on a form as determined by the Town.
29. Every licence granted under this bylaw shall be issued in a format as determined by the Town.
30. Information provided on the Business Licence application may be subject to “Freedom of
Information and Protection of Privacy Act” enquiries.
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OFFENCE
31. 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.
Oliver Business Licence Bylaw No. 1368 is hereby repealed.
Read a first, second and third time on the 15th day of October 2019.
Adopted on the 28th day of October, 2019.
‘Original Signed by Mayor’ ‘Original Signed by Corporate Officer’
______________________________ ______________________________
Mayor Corporate Officer