1.1   Bylaw No. 1551-2006 may be cited as "Business Licence Bylaw, 2006".

2.1   If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the invalid portion must be severed and the remainder of this bylaw is deemed to be adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.

3.1   Bylaw No. 988-2000, cited as "Business Licence Bylaw, 2000", is hereby repealed.

4.1   Schedule "A" contains definitions of terms used in this bylaw.

4.2   Words or phrases defined in the British Columbia Interpretation Act, Community Charter or Local Government Act or any successor legislation, shall have the same meaning when used in this bylaw unless otherwise defined in this bylaw.

4.3   In this bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender.

4.4   The headings contained in this bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this bylaw.

5.1   Unless specifically exempted in Section 5.2, a person shall not carry on any business or operate a Supportive Recovery Use within the City without a valid and subsisting licence issued to that person under this bylaw.

B/L 1717-2007

5.2   A licence is not required for the following:

(a) an agri-food processing facility having a floor area of less than 600 m² on property zoned Agricultural, as defined in the City's Zoning Bylaw;

B/L 2158-2012

(a.1) any Vehicle for Hire owned by BC Transit and operated in conjunction with its transporation system, Hospital Transfers, or the BC Ambulance Service;

B/L 3021-2020

(b) the on-site processing of products from a farm operation, dairy, hatchery or wholesale greenhouse or nursery;

(c) the collection or receipt of money or goods or the disposal or sale of goods or services for non-profit purposes where 100% of the proceeds of the collection, receipt, disposal or sale are, either directly or indirectly, devoted to a non-profit or charitable purpose and where an application for an exemption is first made to the Licence Inspector on the form prescribed for that purpose; or

(d) a garage sale, which is conducted on a person's own residential property, except where more than three garage sales are conducted on that property per calendar year or garage sales are conducted on the property for more than six days in a calendar year.

5.3   For certainty and without limiting Section 5.1, a licence shall be obtained under this bylaw for any business constituting an Agri Industrial Use as defined in this bylaw, including without limitation rendering stations and wine operations, and for any business constituting a Produce Processing Use, Farm Industrial Use, Growing Medium Manufacturer Use or Commercial Mushroom Composting Facility, all as defined in the City's Zoning Bylaw.

5.4   A person, who operates a business at more than one premises, shall apply for and maintain a separate licence for each premises.

5.5   A person who operates more than one business at one premises, shall apply for and maintain a separate licence for each business.

5.6   Every licence issued under this bylaw is personal to the person named in the licence and may not be transferred to another person.

5.7   A person shall not carry on a business in or on any premises other than those identified on the licence without first making an application for a new licence or a change to the licence.

5.8   Every holder of a licence shall keep a copy of the licence posted in a conspicuous place in the premises, vehicle, place or structure where the business is conducted or undertaken and for which the licence is issued. Where a business is not conducted within a premises, vehicle, place or structure, the licence shall be carried by the licence holder at all times.

5.9   Every person, who carries on a business in the City, shall comply with all bylaws of the City and all applicable laws, rules, codes, regulations and orders of all Federal or Provincial authorities having jurisdiction over such business.

5.10   A licence is required for each Automated Teller Machine not affixed to a Financial Institution.

B/L 2158-2012

6.1   Every person applying for a new licence or for a renewal of a licence shall, at the time of making the application, pay to the City:

(a) the licence fee for the applicable type of business specified in Schedule "B" to this bylaw; and

(b) all outstanding fees, charges and penalties due and payable to the City in respect of the business.

6.2   Every person making application for a new licence or a change of name or other change to a licence shall, in addition to all other fees payable under this bylaw, pay the administrative fee specified in Schedule "B" of this bylaw.

6.3   Where more than two inspections must be conducted in respect of a licence application, due to non-compliance with this bylaw, the applicant shall pay the re-inspection fee specified in Schedule "B" of this bylaw for each additional inspection conducted by the City beyond the first two inspections.

6.4   Where a licence for a business is not renewed before its expiry date, but is renewed within 30 days of its expiry date, in addition to the fees specified in Section 6.1, the applicant shall pay to the City a penalty equal to 30% of the licence fee specified for that category of business in Schedule "B" of this bylaw.

6.5   Where a licence for a business is not renewed within 30 days of its expiry date, in addition to the fees specified in Section 6.1, the applicant shall pay to the City a penalty equal to 50% of the licence fee specified for that category of business in Schedule "B" of this bylaw.

6.6   Except as provided for in Section 6.7, a licence fee shall not be refunded after issuance of the licence.

6.7   The licence fee for an accessory home occupation licence, less the administration fee prescribed in Schedule "B" of this bylaw, shall be refunded to the licence holder where the application for the refund is received by the City within three months of the licence's issuance.

6.8   All federal and provincial sales taxes will be added when applicable.

B/L 1985-2010

6.9   The penalties set out in sections 6.4 and 6.5 for not renewing a business licence are waived in respect of each business licence that expires between March 1, 2020 and December 31, 2020.

B/L 3037-2020

7.1   Except as provided in Section 7.2, a licence issued under this bylaw shall be valid for a period of 12 months from the date of issuance and shall expire on the last day of the 12th month.

7.2   Despite Section 7.1:

(a) a temporary licence shall be valid for a period not exceeding 60 days from the date of issuance, and no more than two temporary licences for the same business shall be issued in one calendar year;

(b) an Ice Cream Vendor, Mobile licence shall be valid for a period of six months from the date of issuance.

B/L 1744-2008

7.3   The licence holder is responsible to renew a licence issued under this bylaw before the date of its expiry for as long as the business that is authorized by the licence is conducted.

8.1   Every application for a licence shall:

(a) be made to the Licence Inspector on the form provided for that purpose;

(b) be signed by the owner of the business or the owner's agent authorized in writing by the owner; and

(c) be accompanied by the applicable fees prescribed in Part 6 and Schedule "B" of this bylaw.

8.2   The Licence Inspector may require that an applicant for a licence provide proof of certification, approval or qualification required by a Federal, Provincial or Local Government authority having jurisdiction over the proposed business.

8.3   It is an offence under this bylaw to provide incorrect or misleading information on an application for a licence or renewal of a licence.

8.4   The granting and issue of a licence under this bylaw in no way implies or constitutes a representation of the Licence Inspector or the City that the licence holder is competent in the business operation for which they are licensed.

9.1   The Licence Inspector shall have power to grant, refuse, suspend or cancel a licence issued under this bylaw subject to the provisions of this bylaw and the Community Charter.

9.2   Upon receipt of an application for a licence or a renewal of a licence, the Licence Inspector may, at a reasonable time and in a reasonable manner, inspect the premises to which the licence application relates.

9.3   Subject to Section 16 [ Authority to enter on or into property] of the Community Charter, the Licence Inspector or Chief Constable may

(a) enter business premises, or

(b) any Vehicle regulated by this bylaw

at a reasonable time to inspect and determine whether the regulations and requirements of this bylaw are being met.

B/L 3021-2020

9.4   The Licence Inspector may impose such terms and conditions on the granting or renewal of a licence as he or she considers reasonable.

9.5   The Licence Inspector shall maintain and keep a record of each licence issued, suspended and cancelled under this bylaw.

10.1   An applicant or licence holder, who wishes Council to reconsider the Licence Inspector's decision to refuse, suspend, cancel or impose terms and conditions on a licence, may appeal the decision, in accordance with the City's Appeal Procedure Bylaw, 2016.

B/L 2604-2016

Accessory Home Occupation

11.1   An accessory home occupation business shall comply with Section 140.2.3 of the City of Abbotsford Zoning Bylaw, as amended.

B/L 3021-2020

Adult Publications

11.2   No person carrying on any business in the City may display or permit to be displayed an adult publication except as follows:

(a) every adult publication shall be located behind the sales counter and inaccessible to the public except by a request to the sales clerk, who shall remove the adult publication from the display area;

(b) every adult publication shall be placed behind a sheet of opaque plastic or other opaque substance which extends the full length of the shelf on which such publications are placed and which extends vertically at least eight (8) inches from the bottom of the shelf;

(c) no adult publication shall be located on any visible shelf, the bottom edge of which is less than 1.2 m. from the floor; and

(d) no adult publication may be sold to a minor.

Auto Recyclers

11.3   Every person applying to carry on the business of auto recycler shall, as a condition of the issuance or renewal of a licence under this bylaw, provide the Licence Inspector with satisfactory evidence that the applicant's auto recycler facility meets the Automotive Recycler's Environmental Code of Practice, as established by the British Columbia Automotive Recyclers ("BCAR") Association and administered by the Automotive Recycler's Environmental Association ("AREA"), and that the facility was certified by BCAR within the preceding calendar year.

11.4   As a condition of licence renewal, the licence holder shall provide evidence satisfactory to the Licence Inspector that:

(a) during the preceding year the licence holder inspected the facility, obtained an independent (third-party) inspection of the facility and prepared a pollution prevention plan, all in accordance with the requirements and procedures of and to the satisfaction of AREA;

(b) the operation of the facility complies with all applicable Federal, Provincial and Local Government statutes, regulations and rules; and

(c) the facility was certified by AREA.

Cannabis Production Facilities

11.5   (1) Every person who is authorized to produce Cannabis for commercial purposes under the Cannabis Act (Canada) must at the time of business licence application, submit proof of security clearance by way of a criminal record check, conducted by a municipal police force or the Royal Canadian Mounted Police, for

(a) all persons named in the licence issued under the Cannabis Act (Canada), and

(b) all staff employed at the Cannabis Production Facility at time of business licence application or renewal.

(2) Every owner and operator of a Cannabis Production Facility must permit persons acting on behalf of the City for the purpose of enforcement and the Abbotsford Police Department to conduct inspections and unscheduled visits, at any time, during operating hours.

B/L 2901-2019

Cannabis Stores

11.6   (a) A Cannabis Store must be provincially licensed by the Liquor and Cannabis Regulation Branch or authorized under the Cannabis Distribution Act.

(b) The owner or operator of a Cannabis Store must not permit a person who is less than 19 years of age to

(i) be within,

(ii) purchase cannabis or cannabis accessories from, or

(iii) be employed by

the Cannabis Store.

(c) A minimum of two employees must be on duty and on the premises at all times during Business operating hours.

(d) Prior to business licence issuance, the owner or operator of a Cannabis Store must provide proof of a contract with a third-party security company for monitoring of the Cannabis Store security system.

(e) The owner or operator of a Cannabis Store must not permit consumption of Cannabis in-store, including sampling of products.

(f) The owner or operator of a Cannabis Store must permit persons acting on behalf of the City for the purpose of enforcement and the Abbotsford Police Department to conduct inspections and unscheduled visits, at any time, during Business operating hours.

B/L 3028-2020

Contractors

11.7   Every person holding a licence under this bylaw as a contractor shall, on request, provide the Licence Inspector with a list of all sub-trades engaged on specific jobs, on a form prescribed by the Licence Inspector. Failure to submit the list of sub-trades within two weeks of such request is an offence under this bylaw and renders the Contractor liable to the penalties hereby imposed.

11.8   Contractors picking up recyclables within the City shall deliver all such recyclables to a location specified in the Fraser Valley Regional District Solid Waste Management Plan, as amended.

Direct Sellers

11.9   Every applicant for a licence to carry on business as a direct seller shall, at the time of such application, provide the Licence Inspector with picture identification containing the name, current address, birth date and gender of all persons employed by or associated with the business, along with a copy of an approved criminal/police record search from the Chief Constable for each such person.

11.10   The licence holder shall, within 30 days, provide the Licence Inspector with picture identification containing the name, current address, birth date and gender of each new employee or person who becomes associated with the business after issuance of the licence, along with a copy of an approved criminal/police record search from the Chief Constable for each such person.

Driver training vehicles

11.11   (1) Every Driver Training Vehicle must, while in use

(a) be equipped in accordance with the provisions of the Motor Vehicle Act, RSBC 1996, c. 318,

(b) be under the control of a driving instructor Licenced in accordance with the Motor Vehicle Act, RSBC 1996,

(c) be occupied only by an instructor and the student except that in the case of a student from any senior secondary school or other group or organization receiving instruction, 3 additional students from that school, group or organization may be passengers in the Vehicle, and

(d) display on the rear or front door of each side of each Vehicle, the business name and a telephone number of the Licencee or Vehicle for Hire Operator.

(2) Every Driver Training Vehicle Licencee or Vehicle for Hire Operator must maintain a Vehicle for Hire Business Office in the City, which may be that of another Licencee in the City, or may be a business office for which the Licencee is Licenced in another municipality.

(3) A person must not carry on the business of teaching or instructing in the driving of a Vehicle other than in a Driver Training Vehicle conforming to the requirements of subsection (1).

B/L 3021-2020

Ice Cream Vendors, Mobile

11.12   Every person making application for a licence to carry on business as a mobile ice cream vendor shall, at the time of such application:

(a) provide evidence satisfactory to the Licence Inspector that written approval was given for the proposed business by the Fraser Health Authority or other Provincial authority or body having jurisdiction over the safe handling of food products; and

(b) provide the Licence Inspector with picture identification and a copy of an approved criminal/police record search from the Chief Constable containing the name, current address, birth date and gender for each person employed or associated with the business, and shall thereafter provide such picture identification and approved criminal/police record search for each new employee prior to that employee commencing employment.

B/L 1938-2010

11.13   No person carrying on the business of a mobile ice cream vendor shall play or permit the playing of amplified music or other sound at a higher level than 60 d.b.a. measured at 15 meters from the vehicle.

Liquor establishments

11.14   The following conditions/terms apply to all businesses licenced under the Liquor Control and Licensing Act of British Columbia, including but not limited to terms and conditions in the nature of: B/L 2158-2012

(a) patron behaviour both inside and outside a business, including but not limited to:

(i) orderly entrance and disbursal;

(ii) noise;

(iii) vandalism;

(iv) unlawful activities;

(v) nuisance behaviour;

(b) safety and security of patrons and the public both inside and outside the business, including but not limited to:

(i) patron screening and door control;

(ii) installation and use of security cameras and the retention of video tapes;

(iii) provision of security staff and monitoring conduct of patrons;

(iv) use of metal detectors and other screening devices;

(v) article and body searches of patrons;

(vi) lighting;

(vii) implementation of Crime Prevention through Environmental Design elements;

(viii) increased staffing requirements;

(ix) taking reasonable steps to ensure the personal safety of its employees, patrons, including steps to evict, or allow the Abbotsford Police Department and members of other Police agencies to evict, and prevent re-entry by individuals whose conduct gives rise to a reasonable apprehension that they present a safety risk to other persons;B/L 1938-2010

(c) responsible serving of alcoholic beverages, including but not limited to:

(i) over-service of patrons;

(ii) patron capacity;

(d) condition of premises and nearby surrounding area, including but not limited to:

(i) exterior condition and appearance of premises;

(ii) inspection and clean up of litter;

(e) entertainment; and

(f) compliance with City bylaws.

11.15   No sale or service of liquor shall take place between the hours of 1:00 a.m. and 9:00 a.m. in any business holding a Liquor Primary Licence, Food Primary Licence, or Special Occasion Licence issued under the Liquor Control and Licensing Act of British Columbia.

11.16   Despite 11.15, the sale or service of liquor may be extended to the hours of 2:30am on January 1st of each year subject to:

(a) submission of a written request (application) to the Licence Inspector;

(b) holding a valid Liquor Primary Licence; and

(c) confirmation of compliance with the "Bar Watch Program Standards".

B/L 2296-2013

11.17   The Licence Inspector is authorized to issue or refuse to issue a temporary extension pursuant to Section 11.16; and must do so within 10 business days of receipt of a complete application, which meets the requirements of this bylaw.

B/L 2296-2013

11.18   Every temporary extension issued, pursuant to Section 11.17, under this bylaw shall be valid only for the date specified on the application. Temporary extensions must be applied for annually.

B/L 2296-2013

11.19   Temporary extensions issued, pursuant to Section 11.17, are subject to all other provisions in this bylaw.

B/L 2296-2013

Non-registered Massage Therapists

11.20   Every person making application for a licence, or renewing an existing licence, to carry on business as a non-registered massage therapist shall, at the time of such application or renewal:

(a) provide the Licence Inspector with picture identification containing the name, current address, birth date and gender of each person proposed to be employed or associated with the business, along with a copy of an approved criminal/police record search from the Chief Constable for each such person;

(b) provide evidence satisfactory to the Licence Inspector that written approval was given for the proposed business by the Fraser Health Authority or other Provincial authority or body having jurisdiction; and

(c) provide any additional information the Licence Inspector may require.

11.21   The licence holder shall, within 30 days, provide the Licence Inspector with picture identification containing the name, current address, birth date and gender of each new employee or person, who becomes associated with the business after issuance of the licence, along with a copy of an approved criminal/police record search from the Chief Constable for each person.

11.22   Every holder of a licence as a non-registered massage therapist shall:

(a) post the name of the business and hours of operation at each entrance to the business premises; and

(b) allow the Licence Inspector to inspect the business premises and the identification of each employee or other person engaged or associated with the business during normal business operating hours.

Recycling Depots

11.23   Every person licensed under this bylaw to operate a Recycling Depot shall, if scrap metal is purchased or otherwise acquired by the business, record on the form provided by the Licence Inspector:

(a) the name, date of birth, current address, type of identification and description of the person from whom the scrap metals were purchased or acquired; and

(b) a description of the scrap metal products purchased or otherwise acquired; and shall produce such form for inspection and copying at the request of the Licence Inspector or any member of the Abbotsford Police Department.

Rental vehicles

11.24   (1) Every Rental Vehicle Licencee or Vehicle for Hire Operator must ensure that a Rental Vehicle is not offered to any person, nor must any person be allowed to drive such Vehicle.

(a) who is under the influence of Intoxicants, or who, the Licencee or Vehicle for Hire Operator has reason to suspect, may use such Vehicle for any unlawful purpose, or

(b) for the transportation of passengers for Hire.

(2) Every Rental Vehicle Licencee and Vehicle for Hire Operator must

(a) maintain a Vehicle for Hire Business Office in the City, except where that the office may be that of another Licencee, and

(b) keep a record, which must be open at all reasonable times to the inspection of the Chief Constable or the Licence Inspector, in which each Vehicle rental is recorded and must contain the following information:

(i) the make, model and colour, provincial licence plate number, and the vehicle identification number of such Vehicle;

(ii) the name, address, and the Driver's Licence number of the person renting the Vehicle; and

(iii) the date and time of the rental.

(3) Every person renting a Rental Vehicle must sign the record required under subsection (2).

B/L 3021-2020

Second Hand Goods

11.25   Every person licensed under this bylaw to operate a second hand goods business or a pawn shop shall conform to the provisions of the City's Secondhand Goods Regulation Bylaw, 2000, as amended.

Shark fins and shark fin products

11.26   No person carrying on any business in the City may trade, sell or distribute shark fins or products that are derived from, composed of or include any shark fin.

B/L 2196-2013

Tow-trucks

11.27   (1) Every Tow-Truck driver and Licencee or Vehicle for Hire Operator must

(a) paint or permanently affix either the business name or the name of the owner of the Tow-Truck on each side of each Tow-Truck in lettering not less than 10 centimeters high that is kept clear, clean and distinguishable at all times,

(b) ensure that each Tow-Truck driver employed by such Licencee or Vehicle for Hire Operator keeps a daily record comprising of

(i) the make, model, colour, provincial Licence plate number, and the Vehicle Identification Number of each towed Vehicle, and

(ii) the reason for the tow, and the date, time, origin, destination and the towing fee charged of each Vehicle towed,

(c) have a telephone listed in the telephone directory under the business name by which he operates, or if no such name, then under the Licencee's own name,

(d) maintain a Vehicle for Hire Business Office in the City, except where that the office may be that of another Licencee,

(e) before towing any Vehicle, supply the owner or driver of the Vehicle being towed, if present, with written information that

(i) is signed by and identifies the Tow-Truck driver and Licencee, or Vehicle for Hire Operator, by whom such driver is employed, and

(ii) clearly states the destination to which the towed Vehicle will be taken,

(f) provide to a Police Officer attending a scene of an accident from which a Vehicle is towed the information described in Paragraph (e),

(g) clear the streets and public walks of all broken glass and other debris at an accident scene from which a Vehicle is towed;

(h) where a Vehicle is to be removed from a private Parking Lot or No Parking Area pursuant to a Tow-Away Notice described in Paragraph (e),

(i) complete Part B of the Tow-Away Notice and, at the time of removal of the Vehicle, sign both copies, print the Tow-Truck driver's name, and leave the duplicate copy on the windshield of the towed Vehicle, and

(ii) retain the original copy for a period of 90 days for inspection upon request, by the Licence Inspector,

(i) release a Vehicle immediately if it becomes occupied after it is Attached to a Tow- Truck but before it is removed from a private Parking Lot or No Parking Area, in which case storage and towing fees, costs and charges may be charged in the amounts set out in the Lien on Impounded Motor Vehicles Regulation, and

(j) provide the driver or owner of a towed Vehicle with a full written accounting on company stationery of all fees, charges and taxes paid.

(2) The daily record referred to in Subsection (1) (b) must be retained for inspection, at the request of the Licence Inspector, for a period of 6 months from the date the Vehicle in question was towed.

(3) The Vehicle for Hire Business Office required under Subsection (1) (d) must at all times be

(a) maintained in a clean, neat state, and in good repair, and

(b) in compliance with all City bylaws with respect to building, business licensing, zoning and health.

(4) A Tow-Truck driver and Licencee, or Vehicle for Hire Operator, must not

(a) provide towing services at the scene of a Vehicle accident, unless requested to do so by the owner or driver of the Vehicle involved in that accident, or by any attending First Responder, whether presence there is by coincidence or otherwise,

(b) solicit or suggest a specific destination for the Vehicle being towed if requested to tow a Vehicle from the scene of an accident, unless requested to do so by the owner or driver of the Vehicle,

(c) obstruct or attach to a Tow-Truck, a Vehicle which is occupied,

(d) deliver a towed Vehicle to any destination other than the one stated on the written information referred to in Subsection (1) (e), unless specifically requested to do so by the owner or driver of the Vehicle, or by any attending First Responder,

(e) tow a Vehicle that has been improperly parked for less than 24 hours from any private Parking Lot without the consent of the Vehicle owner, unless

(i) at the time such Vehicle is towed, towing company information signs compliant with Subsection (5) are clearly displayed on the said Parking Lot, and

(ii) a completed Part A of a Tow-Away Notice has been placed on the Vehicle by the private Parking Lot owner, business tenant, employee or agent, none of whom may be in the employ of a towing company,

(f) tow a Vehicle that has been improperly parked for less than 24 hours from any parking area at any time without the consent of the Vehicle owner unless at the time such Vehicle is towed,

(i) the No Parking Area is clearly marked with yellow paint on the curb or roadway or by other clearly visible means,

(ii) a tow company information sign is clearly displayed adjacent to the No Parking Area, which

(A) has minimum dimensions of 30.5 centimeters (12 inches) by 45.7 centimeters (18 inches), with letters and numbers of not less than 2.5 centimeters (1 inch) in height,

(B) is clearly visible from the No Parking Area from which the Vehicle is towed,

(C) indicates that a Vehicle parked in the No Parking Area will be towed, and

(D) contains the name and telephone number of the towing company removing an unauthorized Vehicle from the property, and the location to which towed Vehicle will be taken, and

(iii) a completed Part A of a Tow-Away Notice was placed on the Vehicle by the property owner, business tenant, employee or agent, none of whom may be in the employ of a towing company,

(g) obstruct or attach the Tow-Truck to a Vehicle on a private Parking Lot on which parking is time-regulated, until 30 minutes have elapsed from the expiration of the regulated time limit,

(h) tow a Vehicle from a private Parking Lot or No Parking Area, unless it is taken directly to the Licenced Vehicle impound lot,

(i) obstruct or attach a Vehicle until after 10 minutes have elapsed from the time indicated in Part A of the Tow-Away Notice where such Vehicle is parked in an unauthorized space by reason only of its location in an area specifically reserved for a tenant other than the tenant on the same multi tenant commercial property with whom the driver is conducting business,

(j) obstruct or attach a Vehicle that is occupied,

(k) charge for the transportation, towing, care, storage, disposition and other related activities respecting the impounding of vehicles in an amount greater than permitted by the Lien on Impounded Motor Vehicles Regulation, or

(l) charge a Vehicle owner any fee for the services of any agent of the owner of the property from which the Vehicle was towed, or any other fees or charges other than those set out in the Lien on Impounded Motor Vehicles Regulation.

(5) For the purposes of Subsection (4) (f) (i), a tow-away warning must

(a) be erected and maintained by the owner or occupier of the property on which the private Parking Lot is located,

(b) have minimum dimensions of 61 centimeters (24 inches) by 76.2 centimeters (30 inches), with letters and numbers of not less than 2.5 centimeters (1 inch) in height,

(c) be clearly visible at all times,

(d) be conspicuously posted at all entrances and exits to the property,

(e) be located no further than 50 meters (164 feet) from any area of the private Parking Lot being controlled, or such lesser distance as may be approved by the Licence Inspector,

(f) use wording which must be approved by the Licence Inspector, to indicate the circumstances under which a Vehicle will be towed, and

(g) clearly state whether or not vehicles are subject to being towed after business hours.

(6) A Police Officer or Bylaw Enforcement Officer may, in the performance of their duty, instruct a Tow-Truck driver and Licencee or Vehicle for Hire Operator in writing to tow a Vehicle parked in a private Parking Lot.

B/L 3021-2020

Vehicle impound lots

11.28   (1) Every Tow-Truck driver, Licencee or Vehicle for Hire Operator who maintains a Vehicle impound lot must

(a) ensure that the Vehicle impound lot

(i) is within the City in an area where such use is permitted under the provisions of the City's Zoning Bylaw, 2014,

(ii) is located at the address shown on the Licence of the Tow-Truck driver and Licencee, or Vehicle for Hire Operator,

(iii) is protected by a locked fence and have an attendant on duty at all times when it contains any Vehicle which is impounded, and

(iv) has a valid business Licence issued by the City,

(b) post a telephone number at the access to the Vehicle impound lot at which an attendant can be reach when an attendant is not on duty at the Vehicle impound lot,

(c) within 1 hour of the arrival of a towed Vehicle at a Vehicle impound lot, advise the chief constable of the impoundment, and create a record comprising of the following:

(i) make, model, colour, provincial Licence plate number, and the Vehicle identification number of each towed Vehicle,

(ii) reason for the tow,

(iii) the date and time of the tow,

(iv) the origin and destination of each towed Vehicle, and

(v) the towing fee charged,

(d) maintain the record described in paragraph (c) for inspection by the Licence Inspector for a period of 6 months from the date the Vehicle in question was towed for all impounded vehicles which remain unclaimed or uncollected more than 14 days after impoundment, and deliver a copy of such record to the chief constable within 3 business days of the end of each calendar month,

(e) send written notification within 21 days, to the owner, if a Vehicle remains unclaimed or uncollected for more than 48 hours after impoundment, unless the Vehicle has already been claimed,

(f) subject to a hold order issued by the chief constable, release an impounded Vehicle to the driver within 20 minutes of receiving full payment due,

(g) provide the driver or owner of an impounded Vehicle with a full written accounting on company stationery of all fees, charges and taxes paid, and

(h) remove the original copy of the Tow-Away Notice from the towed Vehicle and retain it for a period of 90 days for inspection, upon request, by the Licence Inspector.

B/L 3021-2020

Vehicles for Hire

11.29   (1) The Vehicle for Hire Operator of any Vehicle for Hire must carry during all hours of operation and post a business Licence in a conspicuous place in the premises, Vehicle, place, or structure where the business is conducted or undertaken and for which the Licence is issued.

(2) A Licencee, or Vehicle for Hire Operator, of any Vehicle for Hire, except a Rental Vehicle, must not employ, engage or permit any person other than those with a Driver's Licence to drive any Vehicle for Hire other than a Rental Vehicle.

(3) Every Vehicle for Hire driver must carefully search such Vehicle for any property lost or left behind, and any such property must be immediately delivered to its rightful owner or, if unclaimed or if the owner cannot be found within a reasonable time, such property must be delivered to the chief constable, with all information in his possession regarding such property.

B/L 3021-2020

12.1   A person that:

(a) carries on a business without holding a valid licence for that business;

(b) fails to display or carry a valid licence as required by this bylaw;

(c) fails to provide any documentation or information as required by this bylaw;

(d) provides false or misleading information to obtain a licence under this bylaw;

(e) carries on or remains open for business after receiving notice that the licence for the business was suspended or cancelled; or

(f) violates any other term or condition of this bylaw or of a licence issued to the person under this bylaw;

commits an offence under this bylaw.

12.2   [Repealed, B/L 3063-2020.]

Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.