BUSINESS LICENCE REGULATION BYLAW NO. 858, 2000 · 2018. 6. 4. · NO. 858, 2000 Consolidated for...

CORPORATION OF THE DISTRICT OF TOFINO

BUSINESS LICENCE REGULATION BYLAW NO. 858, 2000

Consolidated for Convenience Only

This is a consolidated version of the parent bylaw that incorporates changes made pursuant to the following amendment bylaws:

Amendment Bylaw Effective Date

Bylaw No. 982, 2005 March 7, 2005 Bylaw No. 1038, 2006 December 13, 2006 Bylaw No. 1105, 2009 November 24, 2009 Bylaw No. 1108, 2010 January 26, 2010 Bylaw No. 1179, 2013 January 8, 2013 Bylaw No. 1177, 2013 March 26, 2013 Bylaw No. 1185, 2013 August 20, 2013 Bylaw No. 858.08, 2016 November 24, 2016 Bylaw No. 858.09, 2017 December 14, 2017

This consolidation is for convenience and reference purposes only. Persons making use of this consolidated version of Bylaw No. 858 are advised that it is not a legal document. For the purposes of interpreting and applying the law, the original Bylaw No. 858 and all amending bylaws must be consulted.

Bylaw numbers appearing in the margin of this consolidated version refer to the applicable amendment bylaw.

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District of Tofino Business License Regulation Consolidated Bylaw 858, 2000

DISTRICT OF TOFINO

BUSINESS LICENCE REGULATION CONSOLIDATED BYLAW

BYLAW NO. 858, 2000

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE NUMBER

1.

Title

1

2.

Definitions

1-6

3.

General Conditions

6-7

4.

Exemptions

6-7

5.

Applications for Business Licenses

7-8

6.

Term of Business Licence

8

7.

Renewal of Business Licence(s)

8

8.

Business Licence Fees

8

9.

Transfer/Change in Business Licence

8

10.

Bylaw Enforcement Officer

9

11.

Business Licence Suspensions

9

12.

Appeal Process

9

13.

Street Vendors

10

14.

Vendors Market

10

15.

Home Occupations

10

16.

General Contractors

11

17.

Bed and Breakfast/Room Rental

11

18.

Marine Charter

11

19.

Ticket Agent

11

20.

Parking

11

21.

Taxi Cabs

12

22.

Offences

12

23.

Severance

12

24.

Bylaws Repealed

12-13

Schedule "A"

Business Licence Application Form

14

Schedule "B"

Classification and Fee Schedules

15-18

Schedule “C”

Charter Operators Business Licence Information Form

19

Schedule “E”

Business License Information Sheet

21

DISTRICT OF TOFINO

BUSINESS LICENCE REGULATION CONSOLIDATED BYLAW

BYLAW NO. 858, 2000

A Bylaw to Regulate Businesses Within

The District of Tofino.

Whereas the Council of the District of Tofino is authorised and empowered, pursuant to the Local

Government Act to:

A. Require an owner or operator of a business within the District of Tofino to hold a

current, valid and subsisting business licence to conduct such a business; and

B. Fix and impose licence fees for business licences; and

C. Provide for the collection of licence fees and the granting, issuing and transferring of

business licences, subject to the limitations contained within this bylaw; and

D. Regulate the conduct of business within the District to protect the public, prevent

and minimise nuisances and misleading business practices, and establish different regulations for different classes of business; and

Whereas the Council deems it necessary and expedient to provide for the regulation of businesses.

Now Therefore the Council of the District of Tofino, in the Province of British Columbia, in an open meeting assembled, Hereby Enacts As Follows:

1. Title

This bylaw may be known and cited as the "District of Tofino Business Licence Regulation Bylaw No. 858, 2000".

2. Definitions

In this Bylaw,

ACT - means the Local Government Act,

Bylaw 982

Bylaw 982

Bylaw 1177

ACCOMMODATION - TEMPORARY OR TRANSIENT - means a commercial use providing living or sleeping facilities or sleep for a short period of time, by the day or week, not exceeding four (4) weeks. ACCOMMODATION - RESIDENT OR PERMANENT - means a residential use, or a

place to live or sleep for a long period of time. Tenancy is intended to exceed one month.

ADDITIONAL PARKING SPACE FEE means an annual payment whereby owners of businesses who are not able to comply with the zoning bylaw parking requirements must pay an annual fee for the use (by their staff and customers) of municipal off-street and on-street parking spaces.

ADJUNCT SERVICES – means any service or business as defined in this bylaw that is adjunct to a primary business and is available to the public with a reasonable expectation of profit.

AGENT - means a person who acts for another in business.

AIR CARRIER - means any person who operates a licensed commercial air service under

the provisions of the Air Transport Act and the Aeronautics Act and Regulations.

Bylaw 982 APARTMENT BUILDING - means a building used for residential use having three or more

dwelling units.

APPLICANT - means any person who makes application for a licence pursuant to this bylaw.

ARCADE - means any facility containing more than three coin-operated video and other

game machines for entertainment purposes.

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AREA-FLOOR - means that area within a building used for display purposes or to service customers, but shall not include those areas set aside for the use of employees or for employee cafeterias or restaurants.

AREA-GROUND - means that area outside a building that is used for display purposes or to

service customers, but shall not include those areas set aside exclusively for free parking.

Bylaw 1105

Bylaw 1179

Bylaw 982

Bylaw 982

ARTISTS AND ARTISANS RETAIL SPACE - means a location that is regularly open to the

public.

AUTOMOBILE TOWING - means owning or keeping motor vehicles equipped for hoisting

and for towing of motor vehicles, trailers, machinery or other chattels.

BAKERY - means a place where breads, cakes or pastries, pies and/or other baked goods

are made and sold.

FINANCIAL INSTITUTION - means a financial establishment, which uses money deposited by customers for investment, pays it out when required, makes loans at interest and exchanges currency.

BEAUTY PARLOUR - means an establishment in which massage, manicure, hairdressing

and make-up services are offered for a fee.

BED AND BREAKFAST - means a business located in a single family dwelling that provides temporary accommodation to the travelling public and includes the provision of breakfast by the owner/occupant.

BUILDER - means a general contractor for building houses or other buildings.

BUSINESS - means carrying on a commercial or industrial undertaking of any kind or nature or the provision of professional, personal or other services for the purpose of gain or profit but does not include an activity carried on by the government, its agencies or government owned corporations.

BUSINESS LICENCE - means the licence issued to a business for carrying on a business.

BYLAW ENFORCEMENT OFFICER - means the person duly appointed by Council to

enforce the regulations of this bylaw and act as Licence Inspector.

CAMPGROUND - means a properly zoned site operated and occupied for temporary accommodation and occupied by people in tents and recreational vehicles; distinct from a mobile-home park, hotel, motel, hostel or auto court.

CANVASSER - means a person who, on his own behalf or on behalf of another, solicits or takes orders for works or services to be performed elsewhere than on the premises of the customer.

CARETAKERS COTTAGE - means a secondary and totally separate dwelling located on

a lot as the permanent accommodation for a caretaker or watchman.

CARRIER - means any person who hauls by way of vehicles any description of goods, wares, merchandise or passengers from one place to another, with approval to carry on this type of business from the Motor Carrier Commission.

COMMERCIAL PARKING LOT - means an area of land or any building or part thereof

which is clearly set out and signed for the parking of motor vehicles.

COMMERCIAL VEHICLE - means a vehicle engaged in carrying or which is designed to

carry goods, wares, merchandise and which is licensed as a commercial vehicle under the Motor Vehicle Act or Commercial Transport Act.

CONTRACT - means a written or spoken agreement between two or more parties, intended

to be enforceable by law.

COUNCIL- means the Council of the District of Tofino.

DISTRICT - means the Corporation of the District of Tofino.

DIVING SERVICE - means the provision of licensed divers and related equipment for

underwater diving as a service to a client.


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Bylaw 982

Bylaw 982

Bylaw 982

Bylaw 982

Bylaw 982

Bylaw 982

Bylaw 982

Bylaw 982

DWELLING - means a set of rooms in a building used for a residential purpose occupied exclusively, unless other use expressly permitted in the designated zone, as a permanent domicile by one or more persons. DWELLING - SINGLE FAMILY - means any detached building consisting of only one

dwelling. DWELLING UNIT - means one or more habitable rooms which together constitute a self- contained living unit with a separate entrance providing cooking, sanitary and living and/or sleeping facilities to be used as a dwelling.

EMPLOYEE - means a person employed for wages or salary or exchange of services.

FAMILY - means one or more persons occupying a dwelling unit who are related through marriage or common law, blood relationship, legal adoption or legal guardianship, residents of a licensed community care facility, or a group of not more than five unrelated persons, living together as a single household and including servants employed upon the premises.

FAMILY AND GROUP DAYCARE - means a day care service in a family home, caring for

no fewer than three children, not ordinarily resident in the family home.

FISH BUYING PLANT - means a business purchasing catch directly from a licensed

commercial fisherman.

FISH PROCESSING - means to process, preserve and prepare fish and fish products for sale or distribution.

FLEA MARKET/CRAFT SALE – means a market where one or more persons sell or offer for sale crafts, handicrafts, or used goods, wares, merchandise or other items from individual booths or tables.

FREIGHT OR DELIVERY SERVICE - means a commercial carrier who provides a delivery

service for goods between two specified points, in consideration of a fee.

FUEL STATION - means any real property used or equipped to be used for the retail sale and dispensing of motor fuels, motor oils and propane, and can be done by an attendant of the owner/occupant or by the customer serving himself.

GENERAL CONTRACTOR - means a person who undertakes a general contract to provide materials, construct buildings or conduct building operations such as carpentry, plastering, lathing, shingling or concrete work, or any other work or service through the hiring of subcontractors.

GUEST HOUSE- means a building used for commercial purpose in which more than two

but not more than five sleeping units are rented, with or without meals being provided, to a maximum of ten persons, other than members of the family of the present occupier, or owner, and excludes the preparation of meals within the rented units.

HAIRSTYLIST - means a hairdresser, hair stylist or barber.

HEAVY EQUIPMENT - means equipment of great or exceptionally high weight or of great density and could include bulldozers, trenchers, power shovels, drag lines, clamshells, power graders, power hoes, loaders, or any other type of heavy equipment.

HIGHWAY - means every highway within the meaning of the Highway Act and any street, land, right-of-way designed or intended for or used by the general public for the passage of motor vehicles and every sidewalk, boulevard, place or passageway to which the public, for the purpose of parking, pedestrian or cycle traffic, has access or is invited.

HOME OCCUPATION - means any home craft, professional practise, or other livelihood

which is carried on within a dwelling unit by the resident owner, or permanent occupier. HOSTEL - means a building used commercially as a temporary place of lodging containing one or more dormitories and includes common areas for washing, cooking, dining and socializing, sanitary, kitchen, and social facilities. HOTEL, MOTOR HOTEL, MOTEL - means a building containing six or more sleeping units and/or housekeeping units, with separate entrances from a common hallway or walkway, which units are used or intended to be used commercially for the temporary accommodation of transient guests. A hotel may include accessory facilities such as restaurant, meeting rooms, convention facilities, recreational facilities and/or pub.


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ICE PLANT - means a structure or device operated for the production, storage and loading

of block or slurry ice.

INDUSTRIAL/MANUFACTURING - means the assembling, fabricating, manufacturing, producing, processing, altering, repairing or finishing of any goods, materials, substances or things or any part thereof and could include the following: cannery, fish curing plant, foundry, machine shop, pole mill, saw mill, sheet metal works, shingle mill, ship-building, furniture making, wood-working shop and the like.

LAUNDRY/DRY CLEANERS - means an establishment for washing or dry cleaning clothes

or linens by the owner/occupant and/or with coin operated machines.

LIQUOR OUTLETS - means premises licensed pursuant to the Liquor Control and

Licensing Act.

LOCATION – includes stores, offices, warehouses, factory buildings, houses, enclosures, yards or other places occupied, or capable of being occupied by a business entity for the purpose of carrying on a business.

MAIL ORDER BUSINESS - means a business where orders are taken inside the District by any person either on his own behalf or as agent for another for the sale of goods, wares or merchandise to be supplied from stock outside the District.

MARINA - means a site including the surface of water which is primarily used for the rental of berthing space and floats for boats, but may also include sale and/or rental of boats, marine equipment and supplies, marine fuel, fishing supplies and equipment, boat repair facilities, café or restaurant, or a caretaker's or manager's residence.

MARINE ACCOMMODATIONS - means provision of accommodation for the travelling public in any manner on the water, except those forms of accommodation used strictly as a private dwelling, and shall include accommodation on ocean going vessels when docked or anchored within the District boundaries.

MARINE CHARTER SERVICE - means the provision of transportation, including the use of boat, skipper and crew, to provide a service, which could include whale watching, fishing charters and/or tours, but excludes a water taxi service.

MARINE SERVICE AND REPAIR - means repair and servicing of marine vessels, either

taken out of the water to the premises of the repair shop or left in the water.

MASSAGE THERAPIST - means a person, who provides therapeutic treatment through

personal body massage.

MOBILE STORE - means a business that is carried out entirely from a motor vehicle or thing that is designed to be mobile, including hand-push carts, self-propelled concession stands, where the entire stock of goods offered for sale is actually carried and contained in the motor vehicle and delivered to the purchaser at the time of sale.

MOTOR VEHICLE - means a vehicle as defined in the Motor Vehicle Act in, upon or by which any person or property is or may be transported.

MOTOR VEHICLE REPAIR - means the repair and servicing of motor vehicles, trailers and

parts thereof, either in a motor vehicle repair shop or an alternate location.

OWNER/OCCUPANT - means:

a) With respect to motor vehicles and commercial vehicles, a person or persons duly

registered from time to time under the Motor Vehicle Act or Commercial Transport Act, as the case may be, as the owner or owners of the motor vehicle or commercial vehicle; and

b) With respect to land, buildings and premises, the tenant, lessee, agent, licensee and

any other person who has the right of access to and control of any land, building or premises to which any of the provisions of this bylaw apply.

Bylaw 982 PEST CONTROL - means ridding establishments of insect and rodent type pests through

licensed practices under the Pesticide Control Act for a fee.

PREMISES/ESTABLISHMENT - means any building, enclosure, yard or other place occupied or capable of being occupied by any person for the purpose of any business, trade or occupation.


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PROFESSIONAL - means any person required by statute or ordinance of the Provincial or Federal Governments to be qualified to practice in a specific field and is conducting business either individually or as a member of a firm, partnership or corporation in that field.

PUB – means a business primarily engaged in the sale of alcoholic beverages to the public.

PUBLIC MARKET - means any combination and grouping of stalls, tables, spaces, divisions, or compartments individually rented, occupied or operated for the purpose of displaying or selling locally made crafts and merchandise by street vendors directly to the public, in a public place.

PUBLIC PLACE - means any place to which the public is entitled or permitted to have access without payment, and includes parks, open spaces, beaches, District owned land or highways.

PUBLISHER - means a person that produces and distributes copies of a newspaper, periodical, book or other material for sale.

REAL ESTATE AGENCY - means a business for the purpose of listing for sale, renting or

leasing of real property.

REAL ESTATE AGENT - means any person licensed or required to be licensed as such

under the British Columbia Real Estate Act.

RENTAL AGENCY - means:

a) Transportation - a business for the purpose of renting vehicles or vessels

such as bicycles, kayaks or canoes to be operated by the customer during the term of the rental agreement.

b) Commercial and Industrial Office - a business for the purpose of letting

units, offices, suites, rooms or space for commercial purposes in any building where three or more rental units are available for non- accommodation rental purposes.

Bylaw 982

Bylaw 982

Bylaw 982

RESIDENTIAL USE - means the use of a building or a part there of as a dwelling unit by

persons as a fixed place of abode and as their primary residence from which they are absent only as a part of a domestic routine including, without limitation, work and vacations.

REPAIR PERSON - means a person who repairs or services machinery, appliances or other

chattels.

RESTAURANT - means any premises or any portion thereof where meals or refreshments may be had, and could include a dining room, dining lounge, coffee shop, lunch room or a combination of the like.

RETAIL - means the sale of goods in relatively small quantities to the public, and said goods

are usually not for resale.

RIDING STABLE - means a building set apart and adapted for keeping horses for hire and

where racehorses are kept and trained.

SECONDARY SUITE - means a permitted dwelling unit located within a single family

dwelling. SHORT TERM RENTAL - means a commercial use located in a single family dwelling. SLEEPING UNIT - means a habitable room equipped for and intended for sleeping in

which there are no kitchen or cooking facilities.

SOLICITING – means the act of asking repeatedly or earnestly for or seeks or invites

business.

SPECIAL EVENT – means a temporary extraordinary event which operates for five (5)

or fewer consecutive days, as approved by the Bylaw Enforcement Officer.

SOLICITING FOR CHARITY - means the act of canvassing or soliciting for the purpose of collecting or receiving money or property of any kind, the whole or any part of which either directly or indirectly is, or is intended to be, used or disposed of for any licensed charity, relief, benefit or any philanthropic, patriotic, religious or educational purpose.


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STREET VENDOR - means any person who sells or offers for sale in a public market, locally made goods, wares, merchandise, foodstuffs, articles or things to be immediately delivered to the customer.

SUBCONTRACTOR - means a contractor who works only for a General Contractor as part of a larger project to supply materials or labour, and who does not work independently on any project without a General Contractor.

TICKET AGENT - means a person who receives a commission from an independent

business for provision of a service involving the booking of space and sale of tickets for attractions or events such as marine charters, theatre tickets.

TRADE/OCCUPATION - means a person's employment, business, calling or pursuit for

profit.

TRADE SHOW – means an event carried on to promote and sell products from a fixed premises, the activity of which is intended to promote further sales; and which does not operate for more than five (5) consecutive days at a time.

UNDERTAKER - means a person carrying on the business of an undertaker, funeral

director or funeral related services.

VENDING MACHINE - means any machine or device operated by the insertion of any slug or coin for the purpose of selling goods, wares, merchandise or for the purpose of providing music, games, amusements or services of any kind within an arcade.

VENDOR'S MARKET - means a privately owned and operated establishment where locally

made crafts and merchandise are for sale directly to the consumer.

WATER TAXI SERVICE - means a marine transportation service with a predetermined route and schedule, where the service is provided to the public for a fee.

WHOLESALE - means the selling of things in large quantities to be retailed by others.

3. General Conditions

a) No person shall carry on any business within the District, unless he is the holder of

a valid and subsisting business licence issued pursuant to this bylaw.

b) Every business shall comply with all Federal, Provincial and municipal bylaws and

regulations.

c) Every business licence granted shall be deemed to be a personal licence to the

licensee therein named and shall not be transferable to another person.

d) Every business licence issued pursuant to this by-law shall be posted in a

conspicuous place on the premises or on the thing or article for which the business licence is issued.

e) No person shall carry on a business for which a business licence is required

pursuant to this by-law during a period of suspension of such business licence.

f) No person shall carry on a business of any kind, in any way or manner on District

owned property, parks, boulevards, highways or other public property without prior written approval from Council.

g) Each business shall provide both the common business name, being the name the

business is commonly known and advertised as, and the legal business name, that being the business name used on all legal documentation for the Districts records.

Bylaw 982 h) No business located within the District of Tofino required to be licenced under this

bylaw shall advertise or promote the products and services of such business to the public through the electronic media, Print media, Signage, Internet or other means of promotion unless they are the holder of a valid business license issued pursuant to this bylaw.

4. Exemptions

a) In accordance with the Local Government Act, the following businesses are not

required to hold a business licence:


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i) Commercial Travellers offering for sale or selling merchandise to merchants for resale by them in the ordinary course of their businesses;

ii) Owners or operators of carriers other than taxicabs who either pick up

passengers or chattels in the District for discharge or delivery outside the District or pick up outside the District and deliver inside the District, or both, unless the District forms part of a trading area designated for carriers;

iii) Owners or operators of taxicabs who only discharge passengers in the

District, unless the District forms part of a trading area designated for taxicabs;

iv) 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;

v) A 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 normal course of their business; and

vi) A person practising a profession governed by a special Act unless he

regularly and generally carries on business in the District.

b) In accordance with the Local Government Act, the following businesses or

operations are not required to hold a business licence.

i) For a performance, concert, exhibition or entertainment the entire

proceeds of which, above actual expenses, are devoted to a charitable purpose.

ii) For a performance, concert, exhibition, entertainment or concession which

is held in a licensed theatre or other licensed place.

5. Applications for Business Licences

Bylaw 1105 a) Every person, who applies for a new business licence or a transfer of a business

licence to a new location, shall complete a Business Licence Application in the form prescribed in Schedule "A" attached to and forming part of this bylaw, and a Business License Information Sheet for the applicable year in the form prescribed in Schedule “E” attached to and forming part of this bylaw.

b) Each application form shall be signed by the owner/occupant of the business.

c) The prescribed fees according to Schedule “B” attached to and forming part of this

Bylaw shall accompany each application form.

d) All new licence applications, and licence transfer applications must be accompanied

by a non-refundable processing fee.

e) Each application form shall be accompanied by a copy of all necessary certificates

from Federal, Provincial or Municipal government authorities whenever same is requested by the Bylaw Enforcement Officer, such as:

i) Incorporated companies shall supply a copy of the Certificate of

Incorporation from the Registrar of Companies for British Columbia.

ii) Building Inspection report by the Building Inspector

iii) Health Certificate from the Health Inspector for all Restaurants.

iv) Fire safety Certificate from the Local Assistant to the Fire Marshall for all

Public Buildings and large assembly establishments.

v) Proof of Insurance for those business requiring specific insurance

coverage.

vi) Liquor Licence approval for all licensed establishments.

vii) Letter of authorisation for an applicant if different than the owner/occupant.


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viii) Proof of vehicle registration for all vehicle related business licences.

Bylaw 1177

Bylaw 1105

x) Location, type and amount of parking spaces.

xi) All Charter operators are required to provide a completed copy of Schedule

“C” attached to and forming part of this Bylaw.

f) Any person making application for a business licence under the provisions of this

bylaw shall, at the time of making such application for such business licence, make a true and correct statement in writing disclosing the nature and character of such business to be carried on by the applicant, including proper business name, legal business name if different, mailing address, number of persons engaged or occupied in the business and other information specified by the Bylaw Enforcement Officer.

6. Term of Business Licences

Each business licence issued pursuant to this bylaw shall be an annual licence for one calendar year and shall expire on the 31st day of December in each year.

7. Renewal of Business Licence(s)

Every person who applies to renew a business license shall complete a Business License Information Sheet for the applicable year in the form prescribed in Schedule “E” attached to and forming part of this bylaw.

The prescribed fee according to Schedule “B” attached to and forming part of this Bylaw shall accompany each renewal.

Any renewal thirty (30) days past due will be deemed to be a new licence application as set forth in Section 5 of this bylaw.

8. Business Licence Fees

a) All business licence fees, fines and penalties as set forth in Schedule "B" attached

to and forming part of this bylaw are hereby imposed and levied by the District and all such fees, fines and penalties shall be payable at the District Administration Office.

b) All business licence fees, fines and penalties, as set forth by this bylaw shall be due

and payable on or before the Due Date.

c) Every person, owner/occupant or agent who operates:

i) More than one class of business;

ii) More than one business under a different business name, whether located

on the same premises or not;

iii) A business on more than one premises, land or property description,

whether the business name is the same or not, shall take out a separate licence for each business class, business name and/or location.

d) The owner/occupant shall be responsible for all uncollected fees, fines or penalties

in respect of an unpaid business licence renewal, whether or not he is the applicant.

e) The licence fee prescribed in Schedule "B" of this by-law shall be reduced by one

half (1/2) for those new businesses commencing operations after August 31st.

9. Transfer/Changes in Business Licence

a) When any condition upon which the issuance of a business licence is based

changes during the currency of that business licence, the owner/occupant of the business must apply for new business licence to cover the new conditions.

b) When the location of the business is to be changed, the applicant shall apply for a

transfer of his business licence.

c) It is the responsibility of the applicant, owner/occupant or agent to inform the District

when a business licence is no longer required.


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10. Bylaw Enforcement Officer

a) The Bylaw Enforcement Officer shall have the authority to grant, issue or transfer

business licences where he is satisfied that the applicant has complied with the all of the requirements of the by-laws of the District regulating building, zoning, health, sanitation and business.

b) A Bylaw Enforcement Officer is authorised and empowered to inspect, compel and

require that all the regulations and provisions prescribed in this bylaw are carried out.

c) For the purpose of this bylaw the designated Bylaw Enforcement Officer means any

of the following:

Clerk/Administrator of the District of Tofino

Licence Inspector of the District of Tofino

Bylaw Enforcement Officer of the District of Tofino

RCMP Officers

RCMP Auxiliary Officers

d) No person shall unreasonably obstruct or prevent a Bylaw Enforcement Officer from

carrying out his duties as prescribed in this bylaw.

f) The Bylaw Enforcement Officer shall, with Council direction, have the power to

suspend, for such period as he may decide, any business licence pursuant to the Local Government Act.

11. Business Licence Suspension

a) Written notice shall be given by registered mail to the applicant and the

owner/occupant advising of the suspension of a business licence, the reason for the suspension, the appeal process available, any fees imposed and the deadline date for an appeal.

b) A notice of suspension shall be posted upon such premises for which the business

licence was issued and such notice shall not be removed until the business licence is re-instated or a new business is started on the premises.

c) No person who has had their business licence suspended shall continue to conduct

business until the suspension has been removed and the business licence is reinstated.

12. Appeal Process

a) An appeal may be made to Council for any of the following reasons:

i) Suspended Business Licence; or

ii) Refused Business Licence; or

iii) Disagreement with the Business Classification.

b) A written Notice of Intent to Appeal shall be made to Council for any of the reasons

listed above and shall be delivered to the Clerk/Administrator at the District Office within 10 working days of the date shown on the document which was used to advise the applicant, owner/occupant or agent of the reason for suspension, refusal or business classification.

c) The Notice of Intent to Appeal shall state in concise fashion the grounds upon which

the appeal is based.

d) The Notice of Intent to Appeals shall be referred to Council in order to appoint a time

and place for the hearing of the Appeal.

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13. Street Vendors

a) No person shall conduct business as a street vendor without a valid and subsisting

business licence.

b) All applications for a business licence for a street vendor must be approved by

Council on an annual basis.

c) Applications must be accompanied by written permission from the property owner; a

site plan showing the location of the structure or display used in the sale of goods; and a drawing showing the design of the structure or display used in the sale of goods.

d) The business licence is to be posted in a conspicuous place whenever business is

being conducted.

e) When business is being conducted from a vehicle, the vehicle shall have the

business name and address painted in a conspicuous place on both sides of every vehicle used by him for such business.

f) Every Street Vendor shall use a lawful scale capable of weighing or measuring

accurately any commodity sold by him, where price is contingent upon weight or size.

g) Every business licence granted shall be deemed to be a personal licence to the

street vendor therein named, and shall not be transferable to another person.

h) No person shall operate as a street vendor on any District owned property, park,

open space, boulevard, highway or any other public place without prior written Council approval.

14. Vendors Market

a) Applications for a vendors market on privately owned and properly zoned land must

include a site plan of the property outlining where parking, storage, washrooms and signage are to be located; and the proposed hours of operation.

b) The owner/occupant of a vendors market shall ensure that each individual street

vendor has obtained a business licence from the District prior to allowing the street vendor to occupy space in the vendors market.

c) No person shall operate a vendors market without first complying with this section

and Section 13 herein.

15. Home Occupations

a) No person shall conduct a home occupation business without a valid and subsisting

business licence.

b) All home occupation businesses must be located in property zoned exclusively for

residential use.

Bylaw 982 c) Not more than two home occupations shall be permitted within a dwelling unit. The home occupation shall be wholly contained within the dwelling unit, building or approved accessory building.

d) No more than two persons of an immediate family occupying the dwelling and one

outside assistant shall be employed in the home occupation.

e) No more than one vehicle shall be used in connection with the said home craft,

occupation or business.

f) The home occupation shall not contribute or cause any noise, heat, glare, odour,

electrical interference or other nuisance across any lot line.

g) No person shall allow any outside storage associated with the home occupation,

except with the prior written approval of council.

h) A home occupation shall not exceed forty percent (40%) of the gross floor area of the

principal dwelling unit in which it is located, except for a Short Term Rental.

11


16. General Contractors

a) No person shall operate as a general contractor without a valid and subsisting

business licence.

b) The general contractor shall ensure that each individual subcontractor has obtained

a business licence from the District prior to allowing any subcontractor onto any project site.

c) All general contractors shall supply a list of all sub-trades employed by them, which

is to be posted in a conspicuous place at each construction site, and supply a copy of the list to the Bylaw Enforcement Officer.

Bylaw 982

Bylaw 1177

17. Bed and Breakfast, Short Term Rental, or Commercial Guest House

a) No person shall operate a Bed and Breakfast, or Short Term Rental, commercial

guesthouse or any other form of room rental from a dwelling unit that rents rooms, suites, or any other combination of rooms for temporary accommodation unless they are resident upon the property.

b) No person shall operate a bed and breakfast, or Short Term Rental, commercial

guesthouse or any other form of room rental from a dwelling unit that rents rooms, suites, or any other combination of rooms for temporary accommodation without a valid and subsisting business licence.

c) No person shall rent out any room, suite or other combination of rooms for use as

Bed & Breakfast, Short Term Rental, guest house or any other form of temporary or transient room rental, in any building or structure located on the property other than a dwelling.

d) No person shall advertise a Bed and Breakfast accommodation without providing a

breakfast. e) An operator of a Bed and Breakfast, Short Term Rental or Commercial Guest

House shall display their valid District of Tofino business licence number on any marketing, advertisements or promotions for the business.

18. Marine/Air/Land Charters

a) No person shall operate a charter business without a valid and subsisting business

licence.

b) No person shall operate a charter business without a land based premises or

establishment, except when selling tickets through a ticket agent.

c) When the number of charter vessels or carrying capacity increases from the original

number specified on the license application, the owner operator must apply for a new business licence.

19. Ticket Agent

a) No person shall operate as a ticket agent without a valid and subsisting business

licence.

b) The ticket agent shall ensure that each individual charter operator has obtained a

business licence from the District prior to selling or agreeing to sell any tickets for a charter operator.

c) All ticket agents shall supply a list of all charter operators they are selling tickets for

to the District Office.

d) No ticket agent shall sell any tickets or reservations for any bed and breakfast,

boarding house or other form of room rental or accommodation without a valid business license.

20. Parking

a) The parking requirements of the business licensing bylaw are based on the provisions of Part 6 of the District of Tofino Zoning Bylaw.

b) The Additional Parking Space Fee will be placed into a Parking Reserve Fund for the development of new and existing off-street parking spaces, or transportation infrastructure that supports walking, bicycling, public transit or

858.09

12


other alternative forms of transportation.

13


21. Taxi Cabs

a) No person shall operate a taxicab business without a valid and subsisting business

licence for each taxicab.

b) Each business licence shall be posted by the owner/occupant in a conspicuous

place in the office from which the cab operates.

Bylaw 982

Bylaw 1108

22. Offences

Every person who contravenes any provision of this bylaw, or who suffers or permits any act or thing to be done in contravention of this bylaw, or who refuses, omits, or neglects to fulfil, observe, carry out, or perform a duty or obligation imposed by this bylaw, shall be deemed to have committed an offence against this bylaw and:

a) Shall be liable to a fine set out in the District of Tofino Municipal Ticket Information

System Bylaw No. 1088, 2009 as amended from time to time; or

b) Shall be liable to a penalty set out in the District of Tofino Bylaw Notice Enforcement and Dispute Adjudication System Bylaw No. 1107, 2009 as amended from time to time; or

c) Shall be liable, upon summary conviction, to the penalties provided under the Offence

Act and amendments thereto; or

d) Any combination of 21 a), b), and c).

23. Severance

If any portion of this bylaw is declared ultra vires by a court of competent jurisdiction, that portion shall be deemed to be severed from the bylaw to the intent that the remainder of the bylaw shall continue in full force and effect.

24. Bylaws Repealed

The following bylaws are hereby repealed:

a) District of Tofino Business Licence Bylaw No. 1, 1932;

b) District of Tofino Business Licence Bylaw No. 15, 1936;

c) District of Tofino Business Licence Bylaw No. 25, 1941;

d) District of Tofino Business Licence Bylaw No. 35, 1946;

e) District of Tofino Liquor Licence Bylaw No. 108, 1961;

f) District of Tofino Business Licence Bylaw No. 178, 1971;

g) District of Tofino Business Licence Bylaw No. 205, 1973;

h) District of Tofino Business Licence Bylaw No. 375, 1985;

i) District of Tofino Commercial Vehicle Licensing Bylaw No. 425, 1986;

j) District of Tofino Peddlers and Hawkers Bylaw No. 530, 1990;

k) District of Tofino Peddlers and Hawkers Bylaw No. 542, 1991;

l) District of Tofino Business Licence Regulation Bylaw No. 572, 1992.

m) District of Tofino Business License Regulation Bylaw No. 593, 1992.

n) District of Tofino Business License Regulation Amendment Bylaw No. 734, 1996

o) District of Tofino Business License Regulation Amendment Bylaw No. 763, 1997

Read a first time this 27th

day of November, 2000

Read a second time this 27

th day of November, 2000

Read a third time this 27th

day of November, 2000

14


Finally Adopted this 11th

day of December, 2000

Barbara Bryant, Mayor

Ian Howat, Clerk-Administrator

I hereby certify the foregoing to be a true and correct copy of "District of Tofino Business Licence

Regulation Bylaw No. 858, 2000, as adopted by Council this 11th

day of December, 2000.

Ian Howat, Clerk-Administrator

15


DISTRICT OF TOFINO

SCHEDULE A

ATTACHED TO AND FORMING PART OF

BYLAW NO. 858, 2000

Bylaw 1105

16


Bylaw 1185 DISTRICT OF TOFINO

SCHEDULE “B”


CONSOLIDATED BYLAW NO. 858, 2000

CLASSIFICATION AND FEE SCHEDULE

CLASS 1 – FOOD SERVICES

TYPES Licence Fee 1-1 Non Licensed – Full Service

Establishments where food and/or beverages are served to the public primarily for consumption on the premises, and the business is not licensed under the Provincial Liquor Control and Licensing Act.

$100.00

1-2 Licensed – Full Service Establishments where food and beverages are served to the public for consumption on the premises and licensed under the Provincial Liquor Control and Licensing Act.

$250.00

1-3 Non Licensed – Snack Bar Establishments where a snack bar is operated as an adjunct to a primary operation on the premises and not licensed under the Provincial Liquor Control and Licensing Act.

$75.00

1-4 Liquor Outlet Establishment where the providing and serving primarily alcohol to the public including a pub, lounge or beer and wine outlet.

$400.00

CLASS 2 – PROFESSIONAL/CONTRACTOR SERVICES

TYPES Licence Fee 2-1 Professional Services $150.00

Appraiser Architect Arts and Crafts Teacher Dental Mechanic/Technician Chiropractor Chartered Accountant Barrister and Solicitor Dentist/Dental Surgeon Engineer General Accountant General Finance Insurance Agent/Salesperson Land Surveyor Medical Specialist Mortgage Broker Notary Public Pharmacist Physician or Surgeon Physiotherapist Real Estate Agent Veterinarian Forestry engineer/Consultant Laboratory Registered Massage

Therapist Consultant Service Barbers/Hairdressers Bookkeeping Services Chimney Sweep Diving Service Family Day-care Graphic Arts Janitorial Services Commercial Kennel Laundromat Music/Dance/Language Teachers Laundry/Dry Cleaning Office Services Pest Control Photographic Development T.V./Small Electrical Repairs Business Offices Storage Service/Warehouse Garbage Collection and Sanitary Service

Radio Broadcasting Day-care Provider

Other Professional Services not listed in this section.

2-2 Shared Office $225.00

More than one professional operating from one shared location, i.e. Doctor's or Dental Clinic.

2-3 Financial Services Bank or Financial Institution $800.00 Bank Machine – Off premises $200.00

2-4 Contractors General Contractor $150.00

Sub Contractors $100.00 Concrete/Paving/Asphalt Drywall Electrical Excavations/Land Fill Floor/Wall Covering

17


Trucking Framing/Roofing Glazing Heating, Ventilation Landscaper Masonry & Bricklaying Mechanical Metal Doors and Windows Millwork Painting and Decorating Plumbing, Pipe-Fitting Sandblasting Pile Driving Refrigeration/Air Conditioning Tree Topping Metal Working Sheet Metal/Fibre Siding Structural Fabricating and

Welding Maintenance Contractor Renovations Sever/Water/Roads

Other Contractors or Sub Contractors not listed in this section.

CLASS 3 – COMMERCIAL RETAIL

TYPES Licence Fee 3-1 Commercial Retail $150.00

Art Gallery/Framing Books Bakery Convenience Store Clothing Drugstore/Pharmacy Delicatessen Small Appliances Dry Goods Florist Greenhouse Flooring Gift Shop Groceries Hardware Jewelry Meat/Fish Store Photographic Supplies Stationary

Other retail uses not listed in this section.

3-2 Commercial Retail Utilizing floor space >300 sq. meters (3229 sq. ft)

$400.00

CLASS 4 – INDUSTRIAL/MANUFACTURING USE

TYPES Licence Fee 4-1 Industrial/Manufacturing Use $350.00

Machine Shop Fish Processing Re-Manufactured Electrical

Motors Pulp and Paper Mill Fish Buyer Ice Plant Boat Building Sawmill Industrial Storage

Other Industrial/Manufacturing uses not listed in this section.

4-2 Industrial/Manufacturing Use Utilizing floor space >400 sq. meters (4306 sq. ft)

$700.00

CLASS 5 – TRANSPORTATION

TYPES Licence Fee 5-1 Transportation - Miscellaneous $150.00

Air Carrier Bus Service Car Rental Freight Company Taxi Vehicle Towing Vehicle Commercial Parking

Other Transportation businesses not listed in this section.

5-2 Marine Transportation $150.00

Boat Marina Marine Equipment

Sales/Service Boat Ramp

Boat Rentals Boat Sales and Service Divers Mobile Marine Repairs Marine Towing Marine Fuel Sales Tug and Barge Transportation Water Taxi

18


858.08

Other Marine Transportation businesses not listed in this section.

5-3 Motor

Vehicle/Equipment/Machinery Related Businesses

$150.00

Motor Vehicle Repair Fuel Service Station Small Machinery and

Equipment Dealer Mobile Welding

Other Motor Vehicle Related Businesses not listed in this section.

CLASS 6 – VENDORS

TYPES 6-1 Vendors Market $200.00 6-2 Street Vendors $1,000.00

CLASS 7 – ASSEMBLY USES

TYPES Licence Fee 7-1 Assemblies $150.00

Amusement Park Arcade Funeral Home Recreation Center Riding Academy Theatre

Other Assembly Use Businesses not listed in this section.

CLASS 8 – RENTAL ACCOMMODATION

TYPES Licence Fee 8-1 Accommodation $150.00

Apartment Houses Condominiums Marine Accommodations Residential Courts Trailer/Mobile Home Parks

CLASS 9 – TOURIST COMMERCIAL

TYPES Licence Fee 9-1 Bed & Breakfast with One (1)

Room

$450.00

Each Additional Room $150.00

Guest House with One (1) Sleeping Unit

$450.00

Each Additional Sleeping Unit $150.00

Short Term Rental with One (1) Sleeping Unit

$450.00


Temporary Accommodation with One (1) Sleeping Unit

$450.00


9-2 Charter Operations $150.00

Marine/Air/Land Charters Scenic Tours Fishing Charters Whale Watching Diving Back Road Adventures

9-3 Ticket Agent $150.00

9-4 Resort/Campground/RV Park/Hotel/Motel/Hostel

19


No Adjunct Services $225.00

Up to 2 Services $500.00

3 to 5 Services $750.00

Plus $10.00 per room or $5.00 per campsite/RV space

CLASS 10 – ARTISTS AND ARTISANS

TYPES License Fee

10-1 Artists and Artisans I

With no employees and no retail space

$75.00

10-2 Artists and Artisans II With retail space and no employees involved in production

$150.00

10-3 Artists and Artisans III With one or more employees involved in production

$350.00

CLASS 11- ADDITIONAL PARKING SPACE FEE

TYPES

11-1 Annual Additional Parking Space Fee- One Space

$250.00

11-2 Annual Additional Parking Space Fee- Two Spaces

$500.00

11-3 Annual Additional Parking Space Fee- Three Spaces

$750.00

11-4 Annual Additional Parking Space Fee- Four Spaces

$1000.00

11-5 Annual Additional Parking Space Fee- Five Spaces

$1250.00

Other Fees, Fines and Penalties

Processing Fee $50.00 Transfer of Business License $25.00 Additional Parking Space Fee $250.00

20


DISTRICT OF TOFINO

SCHEDULE “C”


BYLAW NO. 858, 2000

CHARTERS OPERATORS BUSINESS LICENSE FORM

Please provide the following information:

1. Number of vehicle(s) (boat, aircraft, and motor vehicle) operated as part of the business to be licensed pursuant to this application.

2. Name(s), license or registration #s of the vehicle(s), boat(S), aircraft(s) described above.

3. The passenger capacity of each vehicle(s), boat(s), and aircraft described above.

4. All locations where passengers embark or disembark from the vehicle(s), boat(s) or aircraft, described above.

5. All locations where the vehicle(s), boat(s), aircraft(s), described above are stored, moored or parked when not in operations.

6. Are you leasing moorage, storage or parking space? If so, please provide a copy of said lease agreement.

7. Are you using a Ticket Agent? If so, please provide the name, address and telephone number of such agent.

8. Provide the address of all ticket sales locations used in the operation of the business to be licensed pursuant to this application.

9. Provide the address of all locations provided for customer/passenger parking of private vehicles.

10. Attach this form, when completed, to the business license application form(s) (Schedule “A”).

21


SCHEDULE “D”

Bylaw 1108

Schedule “D” deleted as per “District of Tofino Bylaw Amendments for Dispute Adjudication

System Bylaw No. 1108, 2010

22


DISTRICT OF TOFINO

SCHEDULE "E"


BYLAW NO.858, 2000

Bylaw 1105

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