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Vancouver Charter

[SBC 1953] CHAPTER 55

Part VI — Licences

Chief Licence Inspector

269.  There shall be a Chief Licence Inspector who, in addition to the powers and duties provided by this Act, shall have such powers and duties as the Council may assign to him from time to time.

1953-55-269; 1968-71-14.

Powers of inspection

270.  The Chief Licence Inspector shall have power to make or cause all necessary inspections to be made to ascertain whether the provisions of any Statute, regulation, or by-law assigning powers or duties to him or his staff are being carried out in the city.

1953-55-270.

Duty to give access and information

271.  It shall be the duty of the owner and occupier of any real property in the city to give to the Chief Licence Inspector, and to any member of his staff authorized by him for the purpose, such access at any reasonable hour to such real property and every part thereof, and such information with respect thereto, as may be reasonably required to enable necessary inspection to be made.

1953-55-271.

By-laws for —

272.  (1) The Council may from time to time make by-laws

Licensing

(a) for providing for the licensing of any person carrying on any business, trade, profession, or other occupation;

Fixing fees

(b) for fixing the fee for the granting of any permit or of any licence, which may be in the nature of a tax for the privilege conferred by it;

Enforcement

(c) for providing for enforcing payment of any licence fee, and for prohibiting any person from carrying on any business, trade, profession, or other occupation without first being licensed therefor;

Regulating fuel-dealers, hours of delivery, weigh-scales

(d) for regulating persons who sell or deliver fuel, or offer the same for sale or delivery, and for regulating the dimensions and capacity of the boxes or containers on vehicles in which fuel is delivered and for requiring that the capacity of each such box or container shall be plainly marked thereon, and for requiring such persons to furnish a statement with each delivery of fuel showing its price and description and such other information as the by-law may direct, and for providing for the seizure and forfeiture of fuel offered or intended for sale which does not comply with any provision of the by-law, and for regulating the delivery of fuel during certain hours and in certain areas as designated in the by-law, and for establishing and maintaining public weigh-scales and for fixing the fees to be taken for their use;

Special licence re vehicles

(e) for licensing every person using upon any street any vehicle for the purpose of any business, trade, profession, or other occupation, and for classifying such vehicles and giving effect to such classification in fixing the licence fee;

Extent of regulation

(f) for regulating every person required to be licensed under this Part, except to the extent that he is subject to regulation by some other Statute;

Weight to be fixed, to be labelled, and wrapped, and regulated as to delivery

(g) for fixing the weights of loaves or packages of bread sold or offered for sale, and for prohibiting the sale of such loaves or packages having weights other than those so fixed, and for requiring that all bread offered for sale shall bear a label showing the name and address of its manufacturer and the weight thereof, and for requiring that all bread offered for sale shall be wrapped in such manner as is prescribed in the by-law, and for regulating the manner of handling and delivering bread in and from bakeries, stores, and vehicles, and for authorizing the seizure and forfeiture of bread which does not comply with any provision of the by-law;

Licences in respect of dogs

(h) for licensing every person who owns, possesses, or harbours any dog;

Transfer of licences

(i) for regulating the transfer of a licence from a person holding a licence to some other person, and, where permission is given, for prescribing the terms thereof;

Revocation

(j) for revoking or suspending any licence;

Delegation of power to grant licences

(k) for delegating to the Chief Licence Inspector, where deemed proper, the power to grant a licence in cases where he is satisfied that the applicant therefor has complied with the requirements of the relevant by-laws;

Fixing times for payment

(l) for fixing times for the payment of licence fees, and for fixing and imposing a penalty upon persons required to be licensed who fail to pay the licence fee by the times so fixed;

Vending-machines

(m) for licensing persons who make available for the operation by other persons any lawful automatic or slot machine used, or intended to be used, for the purpose of vending merchandise or services. The persons so licensed may be the owners of such machines or may be the occupiers of the premises where they are operated;

Members' clubs

(n) for licensing, regulating, and defining clubs which are not subject to being licensed under this Part as carrying on a business, and for requiring such clubs at all times to have a manager and for licensing such manager;

Solicitors for charity, etc.

(o) for licensing persons who solicit or collect gifts or alms, or the promise thereof, for others, whether in the form of money, merchandise, or otherwise, and for preventing such soliciting or collecting on any street without a permit issued under the provisions of the by-law;

Charitable and other shows, etc.

(p) for licensing persons who conduct or manage bazaars, shows, exhibitions, and entertainments for, or represented to be for, charity or any humanitarian, philanthropic, or patriotic object;

Licensee not to discriminate

(q) for providing that a licensee under this Part shall not refuse to sell any goods or furnish any service or accommodation to a person by reason only of such person's race, creed, colour, religion, sex, marital status, physical or mental disability, nationality, ancestry, place of origin or political beliefs;

Juveniles in poolrooms, etc.

(r) regulating the presence of boys or girls less than eighteen years of age in poolrooms, arcades, public dance-halls, billiard-halls, or bowling-alleys and defining any terms used in this clause.

(2) Notwithstanding anything to the contrary in this Act or any by-law under this section, the maximum licence fee for a manufactured home park as defined in the Manufactured Home Tax Act shall not exceed the amount prescribed under the Manufactured Home Act in respect of any one licence period.

1953-55-272; 1960-80-2; 1962-82-7; 1969-45-16; 1977-40-51 (as renumbered), proclaimed effective April 1, 1978; 1984-32-9; 1985-89-5; 1990-53-12.

Terms and conditions of a licence

273.  (1) The Council may, by by-law, do one or more of the following:

(a) provide for the effective period of a licence referred to in section 272 (1);

(b) establish terms and conditions of a licence referred to in section 272 (1);

(c) establish terms and conditions that must be met for obtaining, continuing to hold or renewing a licence referred to in section 272 (1);

(d) provide that terms and conditions for a licence referred to in section 272 (1) may be imposed, the nature of the terms and conditions and who may impose them;

(e) set different effective periods of a licence for different classes of licences and, with respect to a licence referred to in section 272 (1) (a), set different effective periods for a licence for different businesses, trades, professions or occupations;

(f) provide for the prorating of the prescribed fee for a licence referred to in section 272 (1) in relation to the effective period of the licence.

(2) [Repealed 2009-22-79.]

(3) The Council may delegate to an officer or employee of the city the authority to set the effective period referred to in subsection (1) under terms and conditions established in the by-law.

(4) A valid and subsisting licence referred to in section 272 that was granted before the coming into force of this section remains valid until its expiration date unless earlier surrendered or cancelled.

1999-38-63; 2009-22-79.

Payable in advance

274.  Licence fees imposed under this Part shall be payable in advance.

1953-55-274.

Powers discretionary

275.  The granting or refusing of a licence to an applicant therefor, and the revocation or suspension of a licence which has been granted, shall be deemed to be in the discretion of the Council, and the Council may grant, refuse, revoke, or suspend a licence without stating any reason therefor, save in respect of a licensee who by reasonable efforts cannot be found, the Council shall not revoke a licence without giving the holder thereof an opportunity to be heard.

1953-55-275.

Licence for each place of business

276.  A person who maintains more than one place at which he carries on a business, trade, profession, or other occupation shall be deemed to be carrying on his business, trade, profession, or other occupation at each of such places and to be subject to being licensed with respect to each place.

1953-55-276.

Power to suspend

277.  The Chief Licence Inspector shall have power at any time summarily to suspend for such period as he may determine any licence if the holder of the licence

(a) is convicted of any offence under any Statute of Canada or of the Province of British Columbia;

(b) is convicted of any offence under any by-law of the city with respect to the business, trade, profession, or other occupation for which he is licensed or with respect to the relevant premises;

(c) has, in the opinion of the Inspector, been guilty of such gross misconduct in or with respect to the licensed premises as to warrant the suspension of his licence;

(d) has, in the opinion of such official,

(i)   conducted his business in a manner; or

(ii)   performed a service in a manner; or

(iii)   sold, offered for sale, displayed for sale, or distributed to a person actually or apparently under the age of sixteen years any thing

that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of sixteen years.

Appeal from suspension

Any person whose licence has been suspended under this section may appeal to the Council in accordance with the procedure for that purpose prescribed by by-law, and upon such appeal the Council may confirm or may set aside such suspension on such terms as it may think fit.

1953-55-277; 1972-58-21.

Delegation of Council hearings and appeals

277.1  (1) Council may, by resolution, delegate the holding of a hearing under section 275 or 278, or an appeal under section 277 of this Act or under section 36 (7) of the Motor Vehicle Act, specifically, by class or generally, to one or more council members.

(2) If a hearing in relation to a matter is delegated under subsection (1), a delegation of the power to make a Council decision in relation to the same matter may only be delegated to the person or persons to whom the holding of the hearing was delegated.

(3) If the holding of a hearing is delegated under subsection (1) and the power to make the Council decision in relation to the same matter is not delegated under subsection (2), the Council must not make the decision until the delegate reports to the Council, either orally or in writing, the views expressed at the hearing.

(4) For certainty, if a delegation has been made under subsection (1), the Council may exercise its authority under that subsection to change that delegation to a different delegation in relation to a specific matter.

1999-37-324; 2007-6-42.

Procedure where suspension or revocation recommended

278.  The Chief Licence Inspector may, in any case, recommend to Council in writing the suspension or revocation of any licence, setting out the reasons for such recommendation. The Council shall not suspend or revoke the licence without previous notice and an opportunity to be heard being given to the holder thereof, except when by reasonable efforts the holder cannot be found.

1953-55-278.

Certain provisions of Liquor Control and Licensing Act not to apply

279.  Nothing contained in the Liquor Control and Licensing Act shall prevent the Council from providing for the licensing of the holder of a licence under the said Act.

1953-55-279; 1997-25-170.

Shops regulation

279A.  (1) For the purposes of this section, "shop" means any premises wherein any retail trade or business is carried on, and includes any building or portion of a building, booth, stall, or place where goods are exposed or offered for sale by retail, or where the business of a barber or cosmetologist or the business of a shoe-shine stand is carried on, but does not mean premises where a barber or cosmetologist is attending a customer in the customer's residence, or where the only trade or business carried on is that of selling medicines, drugs and medical appliances, tobacco and related products, newspapers, magazines, fresh or frozen fruits, fresh or frozen vegetables and other frozen foods, cut flowers, florists' products, soft drinks, dairy products, bakery products, or any one or more of them, or that of automobile dealers, automobile service-stations and garages, or that of an hotel, inn, public house, restaurant, or refreshment-house, or places licensed under the Liquor Control and Licensing Act.

(1.1) [Repealed 2003-7-63.]

(2) The Council may by by-law regulate the days and hours of the day during which shops may remain open or be closed for business during Monday to Saturday, inclusive; provided, however, that the owner or operator of any shop shall not require any employee to work in any shop on more than five days in any one week. Such by-law may classify shops and may differentiate between different classes as to hours and days for opening or closing.

(3) Pending the enactment of by-laws pursuant to subsection (2) by the city, every shop shall be closed and remain closed on Monday, Tuesday, Wednesday, Thursday, and Saturday from and after six o'clock in the afternoon and on Friday from and after nine o'clock in the afternoon; provided, however, that if shops are required by Statute to remain closed on any Friday such shops may remain open until nine o'clock in the afternoon of the immediately preceding day.

(4) All shops may remain open until nine o'clock in the afternoon on the seven business-days immediately preceding Christmas Day.

(5) [Repealed 1997-25-171.]

(6) The Council may by by-law require that hawkers, pedlars, and hucksters shall not hawk, peddle, or sell any goods, chattels, or merchandise during the period when shops are required to be closed pursuant to this section.

(7) Every shop shall be closed for business on the following days, that is to say: Christmas Day and the day immediately following; New Year's Day; Good Friday; Canada Day; Victoria Day; Labour Day; Remembrance Day; the birthday, or the day fixed by Proclamation of the Governor in Council for the celebration of the birthday, of the reigning sovereign; and any day fixed by the Parliament of the Dominion or appointed by Proclamation of the Governor in Council for a general fast or thanksgiving or as a holiday of general application throughout the Dominion; and any day appointed by Proclamation or Order of the Lieutenant-Governor in Council or the City Council as a holiday.

1957-85-17; 1980-17-12, effective January 1, 1981; 1993-74-5; 1997-25-171; 1999-13-29; 2003-7-63.

Hours of business: licensed establishments and prescribed business premises

279A.1  (1) In this section:

"licensed establishment" means

(a) a licensed restaurant, or

(b) a prescribed business premises for which a licence under the Liquor Control and Licensing Act, other than a food primary licence, has been issued;

"licensed restaurant" means an establishment for which a food primary licence under the Liquor Control and Licensing Act has been issued, including, for certainty, such an establishment that is a prescribed business premises;

"prescribed business premises" means a business premises that is of a class prescribed by regulation under subsection (5).

(2) The Council may, by by-law,

(a) regulate the hours and days during which

(i)   licensed establishments, or

(ii)   prescribed business premises

may remain open or must be closed for business, and

(b) in relation to licensed establishments, regulate the hours and days during which licensed establishments may serve liquor or allow liquor to be consumed on their premises.

(3) A by-law under subsection (2) may establish different regulations for

(a) different areas of the city,

(b) different classes of licensed establishments, as those classes are established by the by-law, and

(c) different classes of business premises, as those classes are established by regulation under subsection (5).

(4) The authority under this section applies in relation to licensed establishments despite the restriction under section 272 (1) (f) [extent of regulation].

(5) The Lieutenant Governor in Council may make regulations prescribing classes of business premises for the purposes of this section.

(6) To the extent of any conflict between a by-law under section 279A [shops regulation] and a by-law under this section, the by-law under this section prevails.

2013-4-5.

Regulation of "burglar alarms"

279B.  (1) The Council may, by by-law, regulate alarm systems designed or used to direct attention to a criminal or unlawful act, regulate persons engaged in the business of selling or maintaining such alarm systems and the employees of such persons, and regulate persons possessing or using such alarm systems.

(2) In any by-law passed pursuant to this section a Council shall have the power to classify and define alarm systems and differentiate as between classes of systems and shall have the power to pass different regulations with respect to each class of alarm system and the sale, maintenance, possession, or use thereof.

(3) The power to regulate granted by this section shall include the power to provide

(a) that no person shall sell, maintain, possess, or use an alarm system which has not been approved by a peace officer or municipal employee designated in the by-law;

(b) for a system of permits requiring that any person selling, maintaining, possessing, or using an alarm system shall possess a current and valid permit, and for the delegation to the Chief Constable or other peace officer in direct charge of the peace officers providing policing within the municipality the power, in his discretion, to grant, suspend, or cancel any permit;

(c) for an appeal to the Vancouver Police Board from a decision granting, refusing, suspending or cancelling any permit, including the power to provide that

(i)   the Board may delegate the hearing and deciding of such an appeal to one or more members of the Board, and

(ii)   the decision of the delegate or delegates, as the case may be, be deemed to be the decision of the Board;

(d) for the charging of a fee or fees in respect to the issuance of a permit and the reinstatement of a suspended permit;

(e) that where a person possessing or using an alarm system or his authorized representative does not attend at his premises where an alarm has been activated within one hour of receiving a request to do so made by a member or employee of the police department providing policing in the municipality, the person possessing or using the alarm system shall thereupon become liable to the municipality for an amount not exceeding $25 per hour or portion thereof for each employee and member of the police department attending the alarm;

(f) for fees to be paid

(i)   by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii)   by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(g) that a fee under paragraph (f) (i), if unpaid, may be inserted in the real-property tax roll as taxes in arrear;

(h) for exemptions from the application of a by-law under this section.

(4) A fee under subsection (3) (f) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(5) The Council may, by by-law, exercise powers given by regulation under section 726 (3) of the Local Government Act in relation to security alarm systems.

1978-41-19; 1992-79-10; 1997-25-172; 1997-37-73; 2000-7-191; 2003-15-18.

Regulation of fire alarm systems

279C.  (1) In relation to fire alarm systems, the Council may, by by-law, do one or more of the following:

(a) require permits for the operation of these systems and establish fees for these permits;

(b) establish fees to be paid

(i)   by the owner or occupier of real property to which services are provided by or on behalf of the municipality, including policing services under section 3 (2) of the Police Act, in response to a false alarm of a system, or

(ii)   by the persons who lease or otherwise provide these systems to the owners or occupiers of real property if services referred to in subparagraph (i) are provided in response to a false alarm of a system;

(c) provide that a fee under paragraph (b) (i), if unpaid, may be inserted in the real-property tax roll as taxes in arrear;

(d) exercise powers given by regulation under section 726 (3) of the Local Government Act in relation to fire alarm systems;

(e) establish exemptions from the application of a by-law under this section.

(2) A fee under subsection (1) (b) may vary in relation to the number of occasions on which services referred to in that subsection are provided.

(3) As an exception, a by-law under this section does not apply to fire alarm systems that are intended to alert only the occupants of the dwelling unit in which they are installed.

1992-79-11; 1997-25-173; 2000-7-191.

Contents  |  Preamble  |  I  |  II  |  III  |  IV  |  V  |  VI  |  VII  |  VIII  |  IX  |  X  |  XI  |  XII  |  XIII  |  XIV  |  XV  |  XVI  |  XVII  |  XVIII  |  XIX  |  XX  |  XXI  |  XXII  |  XXIII  |  XXIV  |  XXV  |  XXVI  |  XXVII  |  XXVIII  |  XXIX