Business Licence Bylaw No. 896, 2009

Consolidated for Convenience

As Amended November 14, 2016

CORPORATION OF THE VILLAGE OF CUMBERLAND

BYLAW NO. 896

A bylaw to provide for the licensing and regulation of businesses within the boundaries of the Village.

The Council of the Corporation of the Village of Cumberland in open meeting assembled, enacts as follows:

TITLE

1. This bylaw may be cited as the ‘Corporation of the Village of Cumberland Business Licence Bylaw No. 896, 2009.’

DEFINITIONS

2. For the purpose of this bylaw, the following definitions apply. Terms not defined herein shall be as defined in the ‘Village of Cumberland Zoning Bylaw No. 717, 2004’.

Business	means 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 an activity carried on by any government, its agencies, or government-owned corporations.
Exhibition or Entertainment	means a temporary activity intended to amuse or instruct the public and includes, but is not limited to, a theatre production, movie screening, concert, amusement park, circus, animal show and animal race.
License	means a valid and subsisting business licence issued pursuant to this bylaw.
Marijuana	Means cannabis as defined in the Controlled Drugs and Substances Act and includes any products containing cannabis. [Added by Bylaw 1037]
Medical marijuana dispensary	means the use of land, buildings or other structures for dispensing, selling or distributing marijuana, or related controlled substances and derivatives, other than a medical marijuana facility (note that this is a “Marihuana Dispensary” in the Village of Cumberland Zoning Bylaw No. 1027, 2016). [Added by Bylaw 1037]
Medical marijuana facility	means the use of buildings and other structures for the purpose of growing, processing, packaging, testing, destroying, storing or shipping medical marijuana as authorized by a license issued under the Federal Marihuana for Medical Purposes Regulations or the Access to Cannabis for Medical Purposes Regulations (note that this is a “Medical Marihuana Facility” in the Village of Cumberland Zoning Bylaw NO. 1027, 2016). [Added by Bylaw 1037]

3. a) No person shall conduct, operate, maintain or keep a business within the boundaries of the Village without a licence.LICENCE REQUIREMENT

b) Every person who conducts, operates, maintains or keeps any business within the Village shall apply for, obtain and hold a licence for each business.

c) Every person who conducts, operates, maintains or keeps a business from more than one premise in the Village shall obtain a separate licence for each premise.

d) Every business shall comply with all federal, provincial, and municipal laws, bylaws and regulations, except for Medical Marijuana Dispensary in relation to federal laws and regulations only. However, issuance by the Village of a license is not a representation that a business is compliant with federal, provincial and municipal laws, bylaws and regulations.

[Amended by Bylaw 1037]

Exemption

4. Every person who:

a) conducts, operates, maintains or keeps a business which deliver goods or passengers within the Village boundaries;

b) has a valid licence from a neighbouring jurisdiction; and

c) does not have a fixed place of business in the Village;

is exempt from the requirement for a licence for such business.

Application FOR LICENCE

5. a) An application for a licence shall be completed and submitted in a form satisfactory to the Village.

b) The Village may require additional information to be submitted by the applicant, pursuant to section 9 hereof, and the applicant shall provide such information and pay the required fee in accordance with Schedule ‘A’, and application shall not be considered complete until such information has been provided and such fees have been paid.

c) Incomplete applications shall be deemed to be abandoned after three months from the date of submission.

d) The applicant shall, upon request, provide proof of applicable federal, provincial, municipal, or other applicable agencies’ approvals.

[Amended by Bylaw 1037]

e) Upon approval of the licence, the applicant shall pay all applicable fees as specified in Schedule ‘A’ before the licence is issued.

f) The licence fee shall be decreased by one-half for any licence that is issued after June 30^th of any year.

g) No refund of the licence fee shall be made on account of any person ceasing to do business in the Village at any time.

Licence Period and Renewal

6. a) Unless otherwise specified herein or on the licence, the licence period shall be from January 1^st to December 31^st of each year, and every licence shall automatically expire on December 31^st.

b) The licence period for a licence for entertainment or exhibition shall be one day.

c) Every person with a valid licence who intends to continue conducting, operating, maintaining, or keeping a business in the Village shall renew the licence annually by submitting the renewal fee as specified in Schedule ‘A’ to the Village on or before December 15^th of each year.

d) The Village may require additional information to be submitted by the applicant, pursuant to section 9 hereof, and the applicant shall provide such information and pay the required fee in accordance with Schedule ‘A’, and application for renewal of licence shall not be considered complete until such information has been provided and such fees have been paid.

e) For any licences expiring on October 31^st, 2009 the new annual licence fee in accordance with Schedule ‘A’ will be charged, and the licence will be issued to terminate on December 31, 2010.

Posting the Licence

7. Every person conducting, operating, maintaining or keeping a business within the Village shall post and keep posted the licence issued under this bylaw in the sales or reception area of the premises to which the public has access or in a central location of the business premises, in a location that is readily visible to members of the public.

Transfer of Licence

8. A licence issued under this bylaw shall be deemed to be a personal licence to the licensee and shall not be transferable to any other person, business or corporation.

Additional information

9. Upon receipt of an application for issuance or renewal of a licence, the Village may require the following:

a) copies of applicable certification or letters of approval by federal, provincial, municipal or other agencies, professional associations or societies;

b) a Criminal Record report from the RCMP;

c) proof of liability insurance coverage, in a form acceptable to the Village;

d) a fire & safety inspection by the Village’s Fire Chief;

e) a building inspection by the Village’s Building Inspector to confirm compliance with the Building Code and/or other applicable municipal bylaws and requirements;

f) such other information, documents or materials as the Village may consider relevant to the consideration of the application.

Granting or Refusing a Licence

10. a) Council hereby delegates the authority to grant or refuse licences to the Chief Administrative Officer (CAO) or his or her delegate.

b) The CAO may issue a licence where he or she is satisfied that the applicant has complied with the provisions of this bylaw and any other applicable bylaw enacted by the Village for the purpose of regulating the business.

[Amended by Bylaw 1037]

c) The CAO may refuse to issue a licence, provided such refusal is not unreasonable, and without limiting the foregoing circumstances the following may be a basis for reasonable refusal: that

i) the applicant has not complied with the provisions of this bylaw or any other applicable bylaw;

ii) that the applicant has not complied with all applicable bylaws of the Village regulating buildings, zoning, health and safety;

iii) that the applicant is not, or fails to continue to be, a fit and proper person to operate a business within the Village; and

iv) that the business is not lawful or otherwise not in the best interests of the property owners, residents and other business or institutions in the area of the Village in which the business is to be located, including as determined through compliance with Village bylaws and policies.

[Added by Bylaw 1037]

d) In issuing, refusing, suspending, renewing or otherwise dealing with a business licence, the CAO may impose such terms and conditions as the CAO deems appropriate, in consideration of provisions outlined in this bylaw, including but not limited to Section 9 of this bylaw, and other business regulation and licensing bylaws.

[Added by Bylaw 1037]

e) Where the CAO has refused to issue a licence, the applicant shall be informed of the refusal in writing and the reasons for such refusal.

Suspension of Licences

11. a) Council hereby delegates the authority to suspend licences to the Chief Administrative Officer (CAO) or his or her delegate.

b) The CAO may suspend a licence if:

i) the licensee has ceased to meet the requirements of this bylaw or any other applicable Village bylaw;

[Amended by Bylaw 1037]

ii) the licensee is in contravention of any of the terms or conditions of the licence;

iii) the licensee has ceased to meet the requirements to carry on the business on the premises named in the licence; or

iv) the business has been inactive for more than 90 days.

c) The CAO shall provide notice of suspension of the licence in writing to the licensee, delivered by hand or by registered mail to the address provided on the application.

d) The Village shall post a copy of the notice of suspension of the licence in a conspicuous location upon the premises for which the licence was issued.

e) No person shall remove the posted notice of suspension from the premises until the licence is reinstated or the licensee ceases to occupy the premises.

RECONSIDERATION

12. a) Any person whose application for a licence has been refused or suspended under this bylaw or any other Village bylaw regulating business licensing may appeal to the Council, by providing a written request for such reconsideration to the Village office.

[Amended by Bylaw 1037]

b) Upon receipt of a request for reconsideration, the Council shall provide the applicant or licensee, as the case may be, with an opportunity to be heard, and may confirm or may set aside the decision on such terms as it deems appropriate, and the applicant or licensee, as the case may be, shall be advised in writing of Council’s decision and the reasons for such decision.

Revocation of Licences

13. a) Council may revoke a licence for reasonable cause in accordance with the provisions of the Community Charter, after providing the licensee an opportunity to be heard in open meeting.

b) A written notice shall be delivered by hand or by registered mail to the licensee at the address provided on the application at least 10 days prior to the Council meeting, advising the date of the Council meeting where Council will consider whether to revoke the licence.

c) At such meeting, Council shall give the applicant an opportunity to be heard and the licensee shall be advised in writing of Council’s decision and the reasons for such decision.

d) If Council revokes a licence, a notice of revocation shall be conspicuously posted upon the premises for which the licence was issued.

e) No person shall remove the posted notice of revocation from the premises until the licence is reinstated or the licensee ceases to occupy the premises.

NOTICE

14. Where a notice is required to be given to an applicant or licensee, as the case may be, under any of the provisions of this bylaw, such notice shall be deemed to be satisfactorily given if delivered by hand to such applicant or licensee or sent by registered mail to the applicant or licensee at the address shown on their application.

SCHEDULES

15. Schedule ‘A’ attached hereto forms part of this bylaw.

Severability

16. The provisions of this bylaw are severable and the find of ultra vires of any one section or sections by a court of competent jurisdiction shall not affect the validity of the remainder of the bylaw.

Administration & Enforcement

17. a) The Chief Administrative Officer, Corporate Officer, Finance Officer, Protective Services Manager, and Building Inspector may administer and enforce this bylaw.

b) Any person who contravenes any provision of this bylaw is guilty of an offence and is liable on summary conviction to a fine of not less than $1,000 and not more than $10,000 in accordance with Section 263 of the Community Charter.

Repeal

18. The following bylaws are hereby repealed in their entirety upon adoption of this bylaw:

a) ‘Village of Cumberland Business Licence Bylaw No. 299, 1968’;

b) ‘Village of Cumberland Business Licence Amendment Bylaw No. 479, 1980’;

c) ‘Village of Cumberland Business Licence Amendment Bylaw No. 496, 1981’; and

d) Any amendments to the above bylaws.

READ A FIRST TIME THIS 14^TH DAY OFSEPTEMBER 2009.

READ A SECOND TIME THIS 13^TH DAY OF OCTOBER 2009.

READ A THIRD TIME THIS 13^TH DAY OF OCTOBER 2009.

RECONSIDERED AND ADOPTED THIS 26TH DAY OF OCTOBER 2009.